Rep. Marcus C. Evans, Jr.
Filed: 5/14/2019
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| 1 | AMENDMENT TO SENATE BILL 1862
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| 2 | AMENDMENT NO. ______. Amend Senate Bill 1862 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 1. This Act is dedicated to the memory of | ||||||
| 5 | Lieutenant Scott Gillen, Trooper Brooke Jones-Story, Trooper | ||||||
| 6 | Christopher Lambert, and all others who paid the ultimate | ||||||
| 7 | sacrifice while serving in the line of duty.
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| 8 | Section 5. The State Finance Act is amended by adding | ||||||
| 9 | Section 5.891 as follows:
| ||||||
| 10 | (30 ILCS 105/5.891 new) | ||||||
| 11 | Sec. 5.891. The Scott's Law Fund.
| ||||||
| 12 | Section 10. The Illinois Vehicle Code is amended by | ||||||
| 13 | changing Sections 11-709, 11-907, and 11-907.5 as follows:
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| |||||||
| 1 | (625 ILCS 5/11-709) (from Ch. 95 1/2, par. 11-709)
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| 2 | Sec. 11-709. Driving on roadways laned for traffic. | ||||||
| 3 | Whenever any roadway has been divided into 2 or more clearly | ||||||
| 4 | marked
lanes for traffic the following rules in addition to all | ||||||
| 5 | others consistent
herewith shall apply.
| ||||||
| 6 | (a) A vehicle shall be driven as nearly as practicable | ||||||
| 7 | entirely within a
single lane and shall not be moved from such | ||||||
| 8 | lane until the driver has
first ascertained that such movement | ||||||
| 9 | can be made with safety.
| ||||||
| 10 | (b) Upon a roadway which is divided into 3 lanes and | ||||||
| 11 | provides for
two-way movement of traffic, a vehicle shall not | ||||||
| 12 | be driven in the center
lane except when overtaking and passing | ||||||
| 13 | another vehicle traveling in the
same direction when such | ||||||
| 14 | center lane is clear of traffic within a safe
distance, or in | ||||||
| 15 | preparation for making a left turn or where such center
lane is | ||||||
| 16 | at the time allocated exclusively to traffic moving in the same
| ||||||
| 17 | direction that the vehicle is proceeding and such allocation is | ||||||
| 18 | designated
by official traffic control devices.
| ||||||
| 19 | (c) Official traffic control devices may be erected | ||||||
| 20 | directing specific
traffic to use a designated lane or | ||||||
| 21 | designating those lanes to be used by
traffic moving in a | ||||||
| 22 | particular direction regardless of the center of the
roadway | ||||||
| 23 | and drivers of vehicles shall obey the directions of every such
| ||||||
| 24 | device. On multi-lane controlled access
highways with 3 or more | ||||||
| 25 | lanes in one
direction or on any multi-laned highway with 2 or | ||||||
| 26 | more lanes in one
direction, the Department may designate lanes | ||||||
| |||||||
| |||||||
| 1 | of traffic to be used by
different types of motor vehicles.
| ||||||
| 2 | Drivers must obey lane designation signing except when it is | ||||||
| 3 | necessary to
use a different lane to make a turning maneuver.
| ||||||
| 4 | (d) Official traffic control devices may be installed | ||||||
| 5 | prohibiting the
changing of lanes on sections of roadway and | ||||||
| 6 | drivers of vehicles shall obey
the directions of every such | ||||||
| 7 | device.
| ||||||
| 8 | (e) A person is not in violation of this Section if he or | ||||||
| 9 | she is complying with Section 11-907, 11-907.5, or 11-908. | ||||||
| 10 | (Source: P.A. 84-1311.)
| ||||||
| 11 | (625 ILCS 5/11-907) (from Ch. 95 1/2, par. 11-907)
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| 12 | Sec. 11-907. Operation of vehicles and streetcars on | ||||||
| 13 | approach of authorized
emergency
vehicles. | ||||||
| 14 | (a) Upon the immediate approach of an authorized emergency | ||||||
| 15 | vehicle
making use of audible and visual signals meeting the | ||||||
| 16 | requirements of this
Code or a police vehicle properly and | ||||||
| 17 | lawfully making use of an audible
or visual signal:
| ||||||
| 18 | (1) the driver of every other vehicle
shall yield the | ||||||
| 19 | right-of-way and shall immediately drive to a position
| ||||||
| 20 | parallel to, and as close as possible to, the right-hand | ||||||
| 21 | edge or curb of
the highway clear of any intersection and | ||||||
| 22 | shall, if necessary to permit
the safe passage of the | ||||||
| 23 | emergency vehicle, stop and remain
in such position until | ||||||
| 24 | the authorized emergency vehicle has passed, unless
| ||||||
| 25 | otherwise directed by a police officer; and
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| |||||||
| 1 | (2) the operator of every streetcar shall
immediately | ||||||
| 2 | stop such
car clear of any intersection and keep it in such | ||||||
| 3 | position until the
authorized emergency vehicle has | ||||||
| 4 | passed, unless otherwise
directed by
a police officer.
| ||||||
| 5 | (b) This Section shall not operate to relieve the driver of | ||||||
| 6 | an
authorized emergency vehicle from the duty to drive with due | ||||||
| 7 | regard for the
safety of all persons using the highway.
| ||||||
| 8 | (c) Upon approaching a stationary authorized emergency | ||||||
| 9 | vehicle, when the
authorized emergency vehicle is giving a | ||||||
| 10 | signal by displaying alternately
flashing
red, red and white, | ||||||
| 11 | blue, or red and blue lights or amber or yellow warning
lights, | ||||||
| 12 | a
person who drives an approaching vehicle shall:
| ||||||
| 13 | (1) proceeding with due caution, yield the | ||||||
| 14 | right-of-way by making a
lane change into a lane not | ||||||
| 15 | adjacent to that of the authorized
emergency vehicle, if | ||||||
| 16 | possible with due regard to safety and traffic
conditions, | ||||||
| 17 | if on a highway having at least 4 lanes with not less
than | ||||||
| 18 | 2 lanes proceeding in the same direction as the approaching
| ||||||
| 19 | vehicle; or
| ||||||
| 20 | (2) if changing lanes would be impossible or unsafe, | ||||||
| 21 | proceeding with due caution, reduce the speed of the | ||||||
| 22 | vehicle,
maintaining a safe speed for road conditions and | ||||||
| 23 | leaving a safe distance until safely past the stationary | ||||||
| 24 | vehicles , if changing lanes
would be impossible or unsafe.
| ||||||
| 25 | As used in this subsection (c), "authorized emergency | ||||||
| 26 | vehicle"
includes any vehicle authorized by law to be equipped | ||||||
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| |||||||
| 1 | with oscillating,
rotating, or flashing lights under Section | ||||||
| 2 | 12-215 of this Code, while the owner
or operator of the vehicle | ||||||
| 3 | is engaged in his or her official duties.
| ||||||
| 4 | (d) A person who violates subsection (c) of this Section | ||||||
| 5 | commits a business
offense punishable by a fine of not less | ||||||
| 6 | than $250 or more than $10,000 for a first violation, and a | ||||||
| 7 | fine of not less than $750 or more than $10,000 for a second or | ||||||
| 8 | subsequent violation not less than $100 or more than $10,000. | ||||||
| 9 | It is a factor in
aggravation if the person committed the | ||||||
| 10 | offense while in violation of Section
11-501 of this Code. | ||||||
| 11 | Imposition of the penalties authorized by this subsection (d) | ||||||
| 12 | for a violation of subsection (c) of this Section that results | ||||||
| 13 | in the death of
another person does not preclude imposition of | ||||||
| 14 | appropriate additional civil or criminal penalties. A person | ||||||
| 15 | who violates subsection (c) and the violation results in damage | ||||||
| 16 | to another vehicle commits a Class A misdemeanor. A person who | ||||||
| 17 | violates subsection (c) and the violation results in the injury | ||||||
| 18 | or death of another person commits a Class 4 felony.
| ||||||
| 19 | (e) If a violation of subsection (c) of this Section | ||||||
| 20 | results in damage to
the
property of another person, in | ||||||
| 21 | addition to any other penalty imposed,
the person's driving | ||||||
| 22 | privileges shall be suspended for a fixed
period of not less | ||||||
| 23 | than 90 days and not more than one year.
| ||||||
| 24 | (f) If a violation of subsection (c) of this Section | ||||||
| 25 | results in injury to
another
person, in addition to any other | ||||||
| 26 | penalty imposed,
the person's driving privileges shall be | ||||||
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| |||||||
| 1 | suspended for a fixed period of not
less
than 180
days and not | ||||||
| 2 | more than 2 years.
| ||||||
| 3 | (g) If a violation of subsection (c) of this Section | ||||||
| 4 | results in the death of
another person, in addition to any | ||||||
| 5 | other penalty imposed,
the person's driving privileges shall be | ||||||
| 6 | suspended for 2 years.
| ||||||
| 7 | (h) The Secretary of State shall, upon receiving a record | ||||||
| 8 | of a judgment
entered against a person under subsection (c) of | ||||||
| 9 | this Section:
| ||||||
| 10 | (1) suspend the person's driving privileges for the | ||||||
| 11 | mandatory period; or
| ||||||
| 12 | (2) extend the period of an existing suspension by the | ||||||
| 13 | appropriate
mandatory period.
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| 14 | (i) The Scott's Law Fund shall be a special fund in the | ||||||
| 15 | State treasury. Subject to appropriation by the General | ||||||
| 16 | Assembly and approval by the Director, the Director of the | ||||||
| 17 | State Police shall use all moneys in the Scott's Law Fund in | ||||||
| 18 | the Department's discretion to fund the production of materials | ||||||
| 19 | to educate drivers on approaching stationary authorized | ||||||
| 20 | emergency vehicles, to hire off-duty Department of State Police | ||||||
| 21 | for enforcement of this Section, and for other law enforcement | ||||||
| 22 | purposes the Director deems necessary in these efforts. | ||||||
| 23 | (j) For violations of this Section issued by a county or | ||||||
| 24 | municipal police officer, the assessment shall be deposited | ||||||
| 25 | into the county or municipality's Transportation Safety | ||||||
| 26 | Highway Hire-back Fund. The county shall use the moneys in its | ||||||
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| |||||||
| 1 | Transportation Safety Highway Hire-back Fund to hire off-duty | ||||||
| 2 | county police officers to monitor construction or maintenance | ||||||
| 3 | zones in that county on highways other than interstate | ||||||
| 4 | highways. The county, in its discretion, may also use a portion | ||||||
| 5 | of the moneys in its Transportation Safety Highway Hire-back | ||||||
| 6 | Fund to purchase equipment for county law enforcement and fund | ||||||
| 7 | the production of materials to educate drivers on construction | ||||||
| 8 | zone safe driving habits and approaching stationary authorized | ||||||
| 9 | emergency vehicles. | ||||||
| 10 | (Source: P.A. 100-201, eff. 8-18-17.)
| ||||||
| 11 | (625 ILCS 5/11-907.5) | ||||||
| 12 | Sec. 11-907.5. Approaching disabled vehicles. | ||||||
| 13 | (a) Upon approaching a disabled vehicle with lighted hazard | ||||||
| 14 | lights on a highway having at least 4 lanes, of which at least | ||||||
| 15 | 2 are proceeding in the same direction, a driver of a vehicle | ||||||
| 16 | shall: | ||||||
| 17 | (1) proceeding with due caution, yield the | ||||||
| 18 | right-of-way by making a lane change into a lane not | ||||||
| 19 | adjacent to that of the disabled vehicle, if possible with | ||||||
| 20 | due regard to safety and traffic conditions make a lane | ||||||
| 21 | change into a lane not adjacent to that disabled vehicle, | ||||||
| 22 | if possible with due regard to safety and traffic | ||||||
| 23 | conditions; or | ||||||
| 24 | (2) if changing lanes would be impossible or unsafe | ||||||
| 25 | proceeding with due caution, reduce the speed of the | ||||||
| |||||||
| |||||||
| 1 | vehicle, maintaining a safe speed for road conditions and | ||||||
| 2 | leaving a safe distance until safely past the stationary | ||||||
| 3 | vehicles proceeding with due caution, reduce the speed of | ||||||
| 4 | the vehicle, maintaining a safe speed for road conditions, | ||||||
| 5 | if changing lanes would be impossible or unsafe. | ||||||
| 6 | (b) A person who violates subsection (a) of this Section | ||||||
| 7 | commits a petty offense.
| ||||||
| 8 | (Source: P.A. 99-681, eff. 1-1-17.)
| ||||||
| 9 | Section 15. The Criminal and Traffic Assessment Act is | ||||||
| 10 | amended by changing Section 15-70 as follows:
| ||||||
| 11 | (705 ILCS 135/15-70) | ||||||
| 12 | (This Section may contain text from a Public Act with a | ||||||
| 13 | delayed effective date)
| ||||||
| 14 | (Section scheduled to be repealed on January 1, 2021) | ||||||
| 15 | Sec. 15-70. Conditional assessments. In addition to | ||||||
| 16 | payments under one of the Schedule of Assessments 1 through 13 | ||||||
| 17 | of this Act, the court shall also order payment of any of the | ||||||
| 18 | following conditional assessment amounts for each sentenced | ||||||
| 19 | violation in the case to which a conditional assessment is | ||||||
| 20 | applicable, which shall be collected and remitted by the Clerk | ||||||
| 21 | of the Circuit Court as provided in this Section: | ||||||
| 22 | (1) arson, residential arson, or aggravated arson, | ||||||
| 23 | $500 per conviction to the State Treasurer for deposit into | ||||||
| 24 | the Fire Prevention Fund; | ||||||
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| |||||||
| 1 | (2) child pornography under Section 11-20.1 of the | ||||||
| 2 | Criminal Code of 1961 or the Criminal Code of 2012, $500 | ||||||
| 3 | per conviction, unless more than one agency is responsible | ||||||
| 4 | for the arrest in which case the amount shall be remitted | ||||||
| 5 | to each unit of government equally: | ||||||
| 6 | (A) if the arresting agency is an agency of a unit | ||||||
| 7 | of local government, $500 to the treasurer of the unit | ||||||
| 8 | of local government for deposit into the unit of local | ||||||
| 9 | government's General Fund, except that if the | ||||||
| 10 | Department of State Police provides digital or | ||||||
| 11 | electronic forensic examination assistance, or both, | ||||||
| 12 | to the arresting agency then $100 to the State | ||||||
| 13 | Treasurer for deposit into the State Crime Laboratory | ||||||
| 14 | Fund; or | ||||||
| 15 | (B) if the arresting agency is the Department of | ||||||
| 16 | State Police, $500 to the State Treasurer for deposit | ||||||
| 17 | into the State Crime Laboratory Fund; | ||||||
| 18 | (3)
crime laboratory drug analysis for a drug-related | ||||||
| 19 | offense involving possession or delivery of cannabis or | ||||||
| 20 | possession or delivery of a controlled substance as defined | ||||||
| 21 | in the Cannabis Control Act, the Illinois Controlled | ||||||
| 22 | Substances Act, or the Methamphetamine Control and | ||||||
| 23 | Community Protection Act, $100 reimbursement for | ||||||
| 24 | laboratory analysis, as set forth in subsection (f) of | ||||||
| 25 | Section 5-9-1.4 of the Unified Code of Corrections; | ||||||
| 26 | (4)
DNA analysis, $250 on each conviction in which it | ||||||
| |||||||
| |||||||
| 1 | was used to the State Treasurer for deposit into the State | ||||||
| 2 | Offender DNA Identification System Fund as set forth in | ||||||
| 3 | Section 5-4-3 of the Unified Code of Corrections; | ||||||
| 4 | (5)
DUI analysis, $150 on each sentenced violation in | ||||||
| 5 | which it was used as set forth in subsection (f) of Section | ||||||
| 6 | 5-9-1.9 of the Unified Code of Corrections; | ||||||
| 7 | (6) drug-related
offense involving possession or | ||||||
| 8 | delivery of cannabis or possession or delivery
of a | ||||||
| 9 | controlled substance, other than methamphetamine, as | ||||||
| 10 | defined in the Cannabis Control Act
or the Illinois | ||||||
| 11 | Controlled Substances Act, an amount not less than
the full | ||||||
| 12 | street value of the cannabis or controlled substance seized | ||||||
| 13 | for each conviction to be disbursed as follows: | ||||||
| 14 | (A) 12.5% of the street value assessment shall be | ||||||
| 15 | paid into the Youth Drug Abuse Prevention Fund, to be | ||||||
| 16 | used by the Department of Human Services for the | ||||||
| 17 | funding of programs and services for drug-abuse | ||||||
| 18 | treatment, and prevention and education services; | ||||||
| 19 | (B) 37.5% to the county in which the charge was | ||||||
| 20 | prosecuted, to be deposited into the county General | ||||||
| 21 | Fund; | ||||||
| 22 | (C) 50% to the treasurer of the arresting law | ||||||
| 23 | enforcement agency of the municipality or county, or to | ||||||
| 24 | the State Treasurer if the arresting agency was a state | ||||||
| 25 | agency; | ||||||
| 26 | (D) if the arrest was made in combination with | ||||||
| |||||||
| |||||||
| 1 | multiple law enforcement agencies, the clerk shall | ||||||
| 2 | equitably allocate the portion in subparagraph (C) of | ||||||
| 3 | this paragraph (6) among the law enforcement agencies | ||||||
| 4 | involved in the arrest; | ||||||
| 5 | (6.5) Kane County or Will County, in felony, | ||||||
| 6 | misdemeanor, local or county ordinance, traffic, or | ||||||
| 7 | conservation cases, up to $30 as set by the county board | ||||||
| 8 | under Section 5-1101.3 of the Counties Code upon the entry | ||||||
| 9 | of a judgment of conviction, an order of supervision, or a | ||||||
| 10 | sentence of probation without entry of judgment under | ||||||
| 11 | Section 10 of the Cannabis Control Act, Section 410 of the | ||||||
| 12 | Illinois Controlled Substances Act, Section 70 of the | ||||||
| 13 | Methamphetamine Control and Community Protection Act, | ||||||
| 14 | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of | ||||||
| 15 | the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
| 16 | Section 10-102 of the Illinois Alcoholism and Other Drug | ||||||
| 17 | Dependency Act, or Section 10 of the Steroid Control Act; | ||||||
| 18 | except in local or county ordinance, traffic, and | ||||||
| 19 | conservation cases, if fines are paid in full without a | ||||||
| 20 | court appearance, then the assessment shall not be imposed | ||||||
| 21 | or collected. Distribution of assessments collected under | ||||||
| 22 | this paragraph (6.5) shall be as provided in Section | ||||||
| 23 | 5-1101.3 of the Counties Code; | ||||||
| 24 | (7) methamphetamine-related
offense involving | ||||||
| 25 | possession or delivery of methamphetamine or any salt of an | ||||||
| 26 | optical isomer of methamphetamine or possession of a | ||||||
| |||||||
| |||||||
| 1 | methamphetamine manufacturing material as set forth in | ||||||
| 2 | Section 10 of the Methamphetamine Control and Community | ||||||
| 3 | Protection Act with the intent to manufacture a substance | ||||||
| 4 | containing methamphetamine or salt of an optical isomer of | ||||||
| 5 | methamphetamine, an amount not less than
the full street | ||||||
| 6 | value of the methamphetamine or salt of an optical isomer | ||||||
| 7 | of methamphetamine or methamphetamine manufacturing | ||||||
| 8 | materials seized for each conviction to be disbursed as | ||||||
| 9 | follows: | ||||||
| 10 | (A) 12.5% of the street value assessment shall be | ||||||
| 11 | paid into the Youth Drug Abuse Prevention Fund, to be | ||||||
| 12 | used by the Department of Human Services for the | ||||||
| 13 | funding of programs and services for drug-abuse | ||||||
| 14 | treatment, and prevention and education services; | ||||||
| 15 | (B) 37.5% to the county in which the charge was | ||||||
| 16 | prosecuted, to be deposited into the county General | ||||||
| 17 | Fund; | ||||||
| 18 | (C) 50% to the treasurer of the arresting law | ||||||
| 19 | enforcement agency of the municipality or county, or to | ||||||
| 20 | the State Treasurer if the arresting agency was a state | ||||||
| 21 | agency; | ||||||
| 22 | (D) if the arrest was made in combination with | ||||||
| 23 | multiple law enforcement agencies, the clerk shall | ||||||
| 24 | equitably allocate the portion in subparagraph (C) of | ||||||
| 25 | this paragraph (6) among the law enforcement agencies | ||||||
| 26 | involved in the arrest; | ||||||
| |||||||
| |||||||
| 1 | (8)
order of protection violation under Section 12-3.4 | ||||||
| 2 | of the Criminal Code of 2012, $200 for each conviction to | ||||||
| 3 | the county treasurer for deposit into the Probation and | ||||||
| 4 | Court Services Fund for implementation of a domestic | ||||||
| 5 | violence surveillance program and any other assessments or | ||||||
| 6 | fees imposed under Section 5-9-1.16 of the Unified Code of | ||||||
| 7 | Corrections; | ||||||
| 8 | (9)
order of protection violation, $25 for each | ||||||
| 9 | violation to the State Treasurer, for deposit into the | ||||||
| 10 | Domestic Violence Abuser Services Fund; | ||||||
| 11 | (10)
prosecution by the State's Attorney of a: | ||||||
| 12 | (A) petty or business offense, $4 to the county | ||||||
| 13 | treasurer of which $2 deposited into the State's | ||||||
| 14 | Attorney Records Automation Fund and $2 into the Public | ||||||
| 15 | Defender Records Automation Fund; | ||||||
| 16 | (B) conservation or traffic offense, $2 to the | ||||||
| 17 | county treasurer for deposit into the State's Attorney | ||||||
| 18 | Records Automation Fund; | ||||||
| 19 | (11) speeding in a construction zone violation, $250 to | ||||||
| 20 | the State Treasurer for deposit into the Transportation | ||||||
| 21 | Safety Highway Hire-back Fund, unless (i) the violation | ||||||
| 22 | occurred on a highway other than an interstate highway and | ||||||
| 23 | (ii) a county police officer wrote the ticket for the | ||||||
| 24 | violation, in which case to the county treasurer for | ||||||
| 25 | deposit into that county's Transportation Safety Highway | ||||||
| 26 | Hire-back Fund; | ||||||
| |||||||
| |||||||
| 1 | (12) supervision disposition on an offense under the | ||||||
| 2 | Illinois Vehicle Code or similar provision of a local | ||||||
| 3 | ordinance, 50 cents, unless waived by the court, into the | ||||||
| 4 | Prisoner Review Board Vehicle and Equipment Fund; | ||||||
| 5 | (13) victim and offender are family or household | ||||||
| 6 | members as defined in Section 103 of the Illinois Domestic | ||||||
| 7 | Violence Act of 1986 and offender pleads guilty
or no | ||||||
| 8 | contest to or is convicted of murder, voluntary | ||||||
| 9 | manslaughter,
involuntary manslaughter, burglary, | ||||||
| 10 | residential burglary, criminal trespass
to residence, | ||||||
| 11 | criminal trespass to vehicle, criminal trespass to land,
| ||||||
| 12 | criminal damage to property, telephone harassment, | ||||||
| 13 | kidnapping, aggravated
kidnaping, unlawful restraint, | ||||||
| 14 | forcible detention, child abduction,
indecent solicitation | ||||||
| 15 | of a child, sexual relations between siblings,
| ||||||
| 16 | exploitation of a child, child pornography, assault, | ||||||
| 17 | aggravated assault,
battery, aggravated battery, heinous | ||||||
| 18 | battery, aggravated battery of a
child, domestic battery, | ||||||
| 19 | reckless conduct, intimidation, criminal sexual
assault, | ||||||
| 20 | predatory criminal sexual assault of a child, aggravated | ||||||
| 21 | criminal
sexual assault, criminal sexual abuse,
aggravated | ||||||
| 22 | criminal sexual abuse, violation of an order of protection,
| ||||||
| 23 | disorderly conduct, endangering the life or health of a | ||||||
| 24 | child, child
abandonment, contributing to dependency or | ||||||
| 25 | neglect of child, or cruelty to
children and others, $200 | ||||||
| 26 | for each sentenced violation to the State Treasurer
for | ||||||
| |||||||
| |||||||
| 1 | deposit as follows: (i) for sexual assault, as defined in | ||||||
| 2 | Section 5-9-1.7 of the Unified Code of Corrections, when
| ||||||
| 3 | the offender and victim are family members, one-half to the | ||||||
| 4 | Domestic Violence
Shelter and Service Fund, and one-half to | ||||||
| 5 | the Sexual Assault Services Fund;
(ii) for the remaining | ||||||
| 6 | offenses to the Domestic Violence Shelter and Service
Fund; | ||||||
| 7 | (14)
violation of Section 11-501 of the Illinois | ||||||
| 8 | Vehicle Code, Section 5-7 of the Snowmobile Registration | ||||||
| 9 | and Safety Act, Section 5-16 of the Boat Registration and | ||||||
| 10 | Safety Act, or a similar provision, whose operation of a | ||||||
| 11 | motor vehicle, snowmobile, or watercraft while in | ||||||
| 12 | violation of Section 11-501, Section 5-7 of the Snowmobile | ||||||
| 13 | Registration and Safety Act, Section 5-16 of the Boat | ||||||
| 14 | Registration and Safety Act, or a similar provision | ||||||
| 15 | proximately caused an incident resulting in an appropriate | ||||||
| 16 | emergency response, $1,000 maximum to the public agency | ||||||
| 17 | that provided an emergency response related to the person's | ||||||
| 18 | violation, and if more than one
agency responded, the | ||||||
| 19 | amount payable to public agencies shall be shared equally; | ||||||
| 20 | (15)
violation of Section 401, 407, or 407.2 of the | ||||||
| 21 | Illinois Controlled Substances Act that proximately caused | ||||||
| 22 | any incident resulting in an appropriate drug-related | ||||||
| 23 | emergency response, $1,000 as reimbursement for the | ||||||
| 24 | emergency response to the law enforcement agency that
made | ||||||
| 25 | the arrest, and if more than one
agency is responsible for | ||||||
| 26 | the arrest, the amount payable to law
enforcement agencies | ||||||
| |||||||
| |||||||
| 1 | shall be shared equally; | ||||||
| 2 | (16)
violation of reckless driving, aggravated | ||||||
| 3 | reckless driving, or driving 26 miles per hour or more in | ||||||
| 4 | excess of the speed limit that triggered an emergency | ||||||
| 5 | response, $1,000 maximum reimbursement for the emergency | ||||||
| 6 | response to be distributed in its entirety to a public | ||||||
| 7 | agency that provided an emergency response related to the | ||||||
| 8 | person's violation, and if more than one
agency responded, | ||||||
| 9 | the amount payable to public agencies shall be shared | ||||||
| 10 | equally; | ||||||
| 11 | (17) violation based upon each plea of guilty, | ||||||
| 12 | stipulation of facts, or finding of guilt resulting in a | ||||||
| 13 | judgment of conviction or order of supervision for an | ||||||
| 14 | offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of | ||||||
| 15 | the Criminal Code of 2012 that results in the imposition of | ||||||
| 16 | a fine, to be distributed as follows:
| ||||||
| 17 | (A) $50 to the county treasurer for deposit into | ||||||
| 18 | the Circuit Court Clerk Operation and Administrative | ||||||
| 19 | Fund to cover the costs in administering this paragraph | ||||||
| 20 | (17);
| ||||||
| 21 | (B) $300 to the State Treasurer who shall deposit | ||||||
| 22 | the portion as follows:
| ||||||
| 23 | (i) if the arresting or investigating agency | ||||||
| 24 | is the Department of State
Police, into the State | ||||||
| 25 | Police Law Enforcement Administration Fund;
| ||||||
| 26 | (ii) if the arresting or investigating agency | ||||||
| |||||||
| |||||||
| 1 | is the Department of
Natural Resources, into the | ||||||
| 2 | Conservation Police Operations Assistance Fund;
| ||||||
| 3 | (iii) if the arresting or investigating agency | ||||||
| 4 | is the Secretary of State,
into the Secretary of | ||||||
| 5 | State Police Services Fund;
| ||||||
| 6 | (iv) if the arresting or investigating agency | ||||||
| 7 | is the Illinois Commerce
Commission, into the | ||||||
| 8 | Public Utility Fund; or
| ||||||
| 9 | (v) if more than one of the State agencies in | ||||||
| 10 | this subparagraph (B) is the arresting or | ||||||
| 11 | investigating agency, then equal shares with the | ||||||
| 12 | shares deposited as provided in the applicable | ||||||
| 13 | items (i) through (iv) of this subparagraph (B); | ||||||
| 14 | and | ||||||
| 15 | (C) the remainder for deposit into the Specialized | ||||||
| 16 | Services for Survivors of Human Trafficking Fund; and
| ||||||
| 17 | (18) weapons violation under Section 24-1.1, 24-1.2, | ||||||
| 18 | or 24-1.5 of the Criminal Code of 1961 or the Criminal Code | ||||||
| 19 | of 2012, $100 for each conviction to the State Treasurer | ||||||
| 20 | for deposit into the Trauma Center Fund; and .
| ||||||
| 21 | (19) violation of subsection (c) of Section 11-907 of | ||||||
| 22 | the Illinois Vehicle Code, $250 to the State Treasurer for | ||||||
| 23 | deposit into the Scott's Law Fund, unless a county or | ||||||
| 24 | municipal police officer wrote the ticket for the | ||||||
| 25 | violation, in which case to the county treasurer for | ||||||
| 26 | deposit into that county's or municipality's | ||||||
| |||||||
| |||||||
| 1 | Transportation Safety Highway Hire-Back Fund to be used as | ||||||
| 2 | provided in subsection (j) of Section 11-907 of the | ||||||
| 3 | Illinois Vehicle Code. | ||||||
| 4 | (Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.)
| ||||||
| 5 | Section 20. The Criminal Code of 2012 is amended by | ||||||
| 6 | changing Section 9-3 as follows:
| ||||||
| 7 | (720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
| ||||||
| 8 | Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
| ||||||
| 9 | (a) A person who unintentionally kills an individual | ||||||
| 10 | without lawful
justification commits involuntary manslaughter | ||||||
| 11 | if his acts whether lawful
or unlawful which cause the death | ||||||
| 12 | are such as are likely to cause death or
great bodily harm to | ||||||
| 13 | some individual, and he performs them recklessly,
except in | ||||||
| 14 | cases in which the cause of the death consists of the driving | ||||||
| 15 | of
a motor vehicle or operating a snowmobile, all-terrain | ||||||
| 16 | vehicle, or watercraft,
in which case the person commits | ||||||
| 17 | reckless homicide. A person commits reckless homicide if he or | ||||||
| 18 | she unintentionally kills an individual while driving a vehicle | ||||||
| 19 | and using an incline in a roadway, such as a railroad crossing, | ||||||
| 20 | bridge
approach, or hill, to cause the vehicle to become | ||||||
| 21 | airborne.
| ||||||
| 22 | (b) (Blank).
| ||||||
| 23 | (c) (Blank).
| ||||||
| 24 | (d) Sentence.
| ||||||
| |||||||
| |||||||
| 1 | (1) Involuntary manslaughter is a Class 3 felony.
| ||||||
| 2 | (2) Reckless homicide is a Class 3 felony.
| ||||||
| 3 | (e) (Blank).
| ||||||
| 4 | (e-2) Except as provided in subsection (e-3), in cases | ||||||
| 5 | involving reckless homicide in which the offense is committed | ||||||
| 6 | upon a public thoroughfare where children pass going to and | ||||||
| 7 | from school when a school crossing guard is performing official | ||||||
| 8 | duties, the penalty is a Class 2 felony, for which a
person, if | ||||||
| 9 | sentenced to a term of imprisonment, shall be sentenced to a | ||||||
| 10 | term of
not less than 3 years and not more than 14 years. | ||||||
| 11 | (e-3) In cases involving reckless homicide in which (i) the | ||||||
| 12 | offense is committed upon a public thoroughfare where children | ||||||
| 13 | pass going to and from school when a school crossing guard is | ||||||
| 14 | performing official duties and (ii) the defendant causes the | ||||||
| 15 | deaths of 2 or more persons as part of a single course of | ||||||
| 16 | conduct, the penalty is a Class 2 felony, for which a
person, | ||||||
| 17 | if sentenced to a term of imprisonment, shall be sentenced to a | ||||||
| 18 | term of
not less than 6 years and not more than 28 years.
| ||||||
| 19 | (e-5) (Blank).
| ||||||
| 20 | (e-7) Except as otherwise provided in subsection (e-8), in | ||||||
| 21 | cases involving
reckless homicide in which the defendant: (1)
| ||||||
| 22 | was
driving in a construction or maintenance zone, as defined | ||||||
| 23 | in Section 11-605.1
of the Illinois Vehicle Code, or (2) was | ||||||
| 24 | operating a vehicle while failing or refusing to comply with | ||||||
| 25 | any lawful order or direction of any authorized police officer | ||||||
| 26 | or traffic control aide engaged in traffic control,
the penalty | ||||||
| |||||||
| |||||||
| 1 | is a Class 2 felony, for which a
person, if sentenced to a term | ||||||
| 2 | of imprisonment, shall be sentenced to a term of
not less than | ||||||
| 3 | 3 years and not more than 14 years.
| ||||||
| 4 | (e-8) In cases involving reckless homicide in which the | ||||||
| 5 | defendant caused the deaths of 2 or more persons as part of a | ||||||
| 6 | single course of conduct and: (1) was
driving in a construction | ||||||
| 7 | or maintenance zone, as defined in Section 11-605.1
of the | ||||||
| 8 | Illinois Vehicle Code, or (2) was operating a vehicle while | ||||||
| 9 | failing or refusing to comply with any lawful order or | ||||||
| 10 | direction of any authorized police officer or traffic control | ||||||
| 11 | aide engaged in traffic control,
the penalty is a Class 2 | ||||||
| 12 | felony, for which a
person, if sentenced to a term of | ||||||
| 13 | imprisonment, shall be sentenced to a term of
not less than 6 | ||||||
| 14 | years and not more than 28 years.
| ||||||
| 15 | (e-9) In cases involving reckless homicide in which the | ||||||
| 16 | defendant drove a vehicle and used an incline in a roadway, | ||||||
| 17 | such as a railroad crossing, bridge
approach, or hill, to cause | ||||||
| 18 | the vehicle to become airborne, and caused the deaths of 2 or | ||||||
| 19 | more persons as
part of a single course of conduct,
the penalty | ||||||
| 20 | is a Class 2 felony.
| ||||||
| 21 | (e-10) In cases involving involuntary manslaughter or | ||||||
| 22 | reckless homicide resulting in the death of a peace officer | ||||||
| 23 | killed in the performance of his or her duties as a peace | ||||||
| 24 | officer, the penalty is a Class 2 felony.
| ||||||
| 25 | (e-11)
In cases involving reckless homicide in which the | ||||||
| 26 | defendant unintentionally kills an individual while driving in | ||||||
| |||||||
| |||||||
| 1 | a posted school zone, as defined in Section 11-605 of the | ||||||
| 2 | Illinois Vehicle Code, while children are present or in a | ||||||
| 3 | construction or maintenance zone, as defined in Section | ||||||
| 4 | 11-605.1 of the Illinois Vehicle Code, when construction or | ||||||
| 5 | maintenance workers are present the trier of fact may infer | ||||||
| 6 | that the defendant's actions were performed recklessly where he | ||||||
| 7 | or she was also either driving at a speed of more than 20 miles | ||||||
| 8 | per hour in excess of the posted speed limit or violating | ||||||
| 9 | Section 11-501 of the Illinois Vehicle Code.
| ||||||
| 10 | (e-12) Except as otherwise provided in subsection (e-13), | ||||||
| 11 | in cases involving
reckless homicide in which the offense was | ||||||
| 12 | committed as result
of a violation of subsection (c) of Section | ||||||
| 13 | 11-907 of the Illinois Vehicle Code,
the penalty is a Class 2 | ||||||
| 14 | felony, for which a
person, if sentenced to a term of | ||||||
| 15 | imprisonment, shall be sentenced to a term of
not less than 3 | ||||||
| 16 | years and not more than 14 years. | ||||||
| 17 | (e-13) In cases involving
reckless homicide in which the | ||||||
| 18 | offense was committed as result
of a violation of subsection | ||||||
| 19 | (c) of Section 11-907 of the Illinois Vehicle Code and the | ||||||
| 20 | defendant caused the deaths of 2 or more persons as
part of a | ||||||
| 21 | single course of conduct,
the penalty is a Class 2 felony, for | ||||||
| 22 | which a
person, if sentenced to a term of imprisonment, shall | ||||||
| 23 | be sentenced to a term of
not less than 6 years and not more | ||||||
| 24 | than 28 years.
| ||||||
| 25 | (e-14)
In cases involving reckless homicide in which the | ||||||
| 26 | defendant unintentionally kills an individual, the trier of | ||||||
| |||||||
| |||||||
| 1 | fact may infer that the defendant's actions were performed | ||||||
| 2 | recklessly where he or she was also violating subsection (c) of | ||||||
| 3 | Section 11-907 of the Illinois Vehicle Code. The penalty for a | ||||||
| 4 | reckless homicide in which the driver also violated subsection | ||||||
| 5 | (c) of Section 11-907 of the Illinois Vehicle Code is a Class 2 | ||||||
| 6 | felony, for which a person, if sentenced to a term of | ||||||
| 7 | imprisonment, shall be sentenced to a term of not less than 3 | ||||||
| 8 | years and not more than 14 years.
| ||||||
| 9 | (e-15) In cases involving reckless homicide in which the | ||||||
| 10 | defendant was operating a vehicle while failing or refusing to | ||||||
| 11 | comply with subsection (c) of Section 11-907 of the Illinois | ||||||
| 12 | Vehicle Code resulting in the death of a firefighter or | ||||||
| 13 | emergency medical services personnel in the performance of his | ||||||
| 14 | or her official duties, the penalty is a Class 2 felony. | ||||||
| 15 | (f) In cases involving involuntary manslaughter in which | ||||||
| 16 | the victim was a
family or household member as defined in | ||||||
| 17 | paragraph (3) of Section 112A-3 of the
Code of
Criminal | ||||||
| 18 | Procedure of 1963, the penalty shall be a Class 2 felony, for | ||||||
| 19 | which a
person if sentenced to a term of imprisonment, shall be | ||||||
| 20 | sentenced to a term of
not less than 3 years and not more than | ||||||
| 21 | 14 years.
| ||||||
| 22 | (Source: P.A. 95-467, eff. 6-1-08; 95-551, eff. 6-1-08; 95-587, | ||||||
| 23 | eff. 6-1-08; 95-591, eff. 9-10-07; 95-803, eff. 1-1-09; 95-876, | ||||||
| 24 | eff. 8-21-08; 95-884, eff. 1-1-09; 96-328, eff. 8-11-09.)
| ||||||
| 25 | Section 25. The Unified Code of Corrections is amended by | ||||||
| |||||||
| |||||||
| 1 | changing Sections 5-5-3.2 and 5-6-1 as follows:
| ||||||
| 2 | (730 ILCS 5/5-5-3.2)
| ||||||
| 3 | Sec. 5-5-3.2. Factors in aggravation and extended-term | ||||||
| 4 | sentencing.
| ||||||
| 5 | (a) The following factors shall be accorded weight in favor | ||||||
| 6 | of
imposing a term of imprisonment or may be considered by the | ||||||
| 7 | court as reasons
to impose a more severe sentence under Section | ||||||
| 8 | 5-8-1 or Article 4.5 of Chapter V:
| ||||||
| 9 | (1) the defendant's conduct caused or threatened | ||||||
| 10 | serious harm;
| ||||||
| 11 | (2) the defendant received compensation for committing | ||||||
| 12 | the offense;
| ||||||
| 13 | (3) the defendant has a history of prior delinquency or | ||||||
| 14 | criminal activity;
| ||||||
| 15 | (4) the defendant, by the duties of his office or by | ||||||
| 16 | his position,
was obliged to prevent the particular offense | ||||||
| 17 | committed or to bring
the offenders committing it to | ||||||
| 18 | justice;
| ||||||
| 19 | (5) the defendant held public office at the time of the | ||||||
| 20 | offense,
and the offense related to the conduct of that | ||||||
| 21 | office;
| ||||||
| 22 | (6) the defendant utilized his professional reputation | ||||||
| 23 | or
position in the community to commit the offense, or to | ||||||
| 24 | afford
him an easier means of committing it;
| ||||||
| 25 | (7) the sentence is necessary to deter others from | ||||||
| |||||||
| |||||||
| 1 | committing
the same crime;
| ||||||
| 2 | (8) the defendant committed the offense against a | ||||||
| 3 | person 60 years of age
or older or such person's property;
| ||||||
| 4 | (9) the defendant committed the offense against a | ||||||
| 5 | person who has a physical disability or such person's | ||||||
| 6 | property;
| ||||||
| 7 | (10) by reason of another individual's actual or | ||||||
| 8 | perceived race, color,
creed, religion, ancestry, gender, | ||||||
| 9 | sexual orientation, physical or mental
disability, or | ||||||
| 10 | national origin, the defendant committed the offense | ||||||
| 11 | against (i)
the person or property
of that individual; (ii) | ||||||
| 12 | the person or property of a person who has an
association | ||||||
| 13 | with, is married to, or has a friendship with the other | ||||||
| 14 | individual;
or (iii) the person or property of a relative | ||||||
| 15 | (by blood or marriage) of a
person described in clause (i) | ||||||
| 16 | or (ii). For the purposes of this Section,
"sexual | ||||||
| 17 | orientation" has the meaning ascribed to it in paragraph | ||||||
| 18 | (O-1) of Section 1-103 of the Illinois Human Rights Act;
| ||||||
| 19 | (11) the offense took place in a place of worship or on | ||||||
| 20 | the
grounds of a place of worship, immediately prior to, | ||||||
| 21 | during or immediately
following worship services. For | ||||||
| 22 | purposes of this subparagraph, "place of
worship" shall | ||||||
| 23 | mean any church, synagogue or other building, structure or
| ||||||
| 24 | place used primarily for religious worship;
| ||||||
| 25 | (12) the defendant was convicted of a felony committed | ||||||
| 26 | while he was
released on bail or his own recognizance | ||||||
| |||||||
| |||||||
| 1 | pending trial for a prior felony
and was convicted of such | ||||||
| 2 | prior felony, or the defendant was convicted of a
felony | ||||||
| 3 | committed while he was serving a period of probation,
| ||||||
| 4 | conditional discharge, or mandatory supervised release | ||||||
| 5 | under subsection (d)
of Section 5-8-1
for a prior felony;
| ||||||
| 6 | (13) the defendant committed or attempted to commit a | ||||||
| 7 | felony while he
was wearing a bulletproof vest. For the | ||||||
| 8 | purposes of this paragraph (13), a
bulletproof vest is any | ||||||
| 9 | device which is designed for the purpose of
protecting the | ||||||
| 10 | wearer from bullets, shot or other lethal projectiles;
| ||||||
| 11 | (14) the defendant held a position of trust or | ||||||
| 12 | supervision such as, but
not limited to, family member as | ||||||
| 13 | defined in Section 11-0.1 of the Criminal Code
of 2012, | ||||||
| 14 | teacher, scout leader, baby sitter, or day care worker, in
| ||||||
| 15 | relation to a victim under 18 years of age, and the | ||||||
| 16 | defendant committed an
offense in violation of Section | ||||||
| 17 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | ||||||
| 18 | 11-14.4 except for an offense that involves keeping a place | ||||||
| 19 | of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
| ||||||
| 20 | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | ||||||
| 21 | or 12-16 of the Criminal Code of 1961 or the Criminal Code | ||||||
| 22 | of 2012
against
that victim;
| ||||||
| 23 | (15) the defendant committed an offense related to the | ||||||
| 24 | activities of an
organized gang. For the purposes of this | ||||||
| 25 | factor, "organized gang" has the
meaning ascribed to it in | ||||||
| 26 | Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||||||
| |||||||
| |||||||
| 1 | Act;
| ||||||
| 2 | (16) the defendant committed an offense in violation of | ||||||
| 3 | one of the
following Sections while in a school, regardless | ||||||
| 4 | of the time of day or time of
year; on any conveyance | ||||||
| 5 | owned, leased, or contracted by a school to transport
| ||||||
| 6 | students to or from school or a school related activity; on | ||||||
| 7 | the real property
of a school; or on a public way within | ||||||
| 8 | 1,000 feet of the real property
comprising any school: | ||||||
| 9 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
| 10 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
| ||||||
| 11 | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
| 12 | 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, | ||||||
| 13 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
| 14 | (a)(4) or (g)(1), of the Criminal Code of
1961 or the | ||||||
| 15 | Criminal Code of 2012;
| ||||||
| 16 | (16.5) the defendant committed an offense in violation | ||||||
| 17 | of one of the
following Sections while in a day care | ||||||
| 18 | center, regardless of the time of day or
time of year; on | ||||||
| 19 | the real property of a day care center, regardless of the | ||||||
| 20 | time
of day or time of year; or on a public
way within | ||||||
| 21 | 1,000 feet of the real property comprising any day care | ||||||
| 22 | center,
regardless of the time of day or time of year:
| ||||||
| 23 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
| 24 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, | ||||||
| 25 | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
| 26 | 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | ||||||
| |||||||
| |||||||
| 1 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
| 2 | (a)(4) or (g)(1), of the Criminal
Code of 1961 or the | ||||||
| 3 | Criminal Code of 2012;
| ||||||
| 4 | (17) the defendant committed the offense by reason of | ||||||
| 5 | any person's
activity as a community policing volunteer or | ||||||
| 6 | to prevent any person from
engaging in activity as a | ||||||
| 7 | community policing volunteer. For the purpose of
this | ||||||
| 8 | Section, "community policing volunteer" has the meaning | ||||||
| 9 | ascribed to it in
Section 2-3.5 of the Criminal Code of | ||||||
| 10 | 2012;
| ||||||
| 11 | (18) the defendant committed the offense in a nursing | ||||||
| 12 | home or on the
real
property comprising a nursing home. For | ||||||
| 13 | the purposes of this paragraph (18),
"nursing home" means a | ||||||
| 14 | skilled nursing
or intermediate long term care facility | ||||||
| 15 | that is subject to license by the
Illinois Department of | ||||||
| 16 | Public Health under the Nursing Home Care
Act, the | ||||||
| 17 | Specialized Mental Health Rehabilitation Act of 2013, the | ||||||
| 18 | ID/DD Community Care Act, or the MC/DD Act;
| ||||||
| 19 | (19) the defendant was a federally licensed firearm | ||||||
| 20 | dealer
and
was
previously convicted of a violation of | ||||||
| 21 | subsection (a) of Section 3 of the
Firearm Owners | ||||||
| 22 | Identification Card Act and has now committed either a | ||||||
| 23 | felony
violation
of the Firearm Owners Identification Card | ||||||
| 24 | Act or an act of armed violence while
armed
with a firearm; | ||||||
| 25 | (20) the defendant (i) committed the offense of | ||||||
| 26 | reckless homicide under Section 9-3 of the Criminal Code of | ||||||
| |||||||
| |||||||
| 1 | 1961 or the Criminal Code of 2012 or the offense of driving | ||||||
| 2 | under the influence of alcohol, other drug or
drugs, | ||||||
| 3 | intoxicating compound or compounds or any combination | ||||||
| 4 | thereof under Section 11-501 of the Illinois Vehicle Code | ||||||
| 5 | or a similar provision of a local ordinance and (ii) was | ||||||
| 6 | operating a motor vehicle in excess of 20 miles per hour | ||||||
| 7 | over the posted speed limit as provided in Article VI of | ||||||
| 8 | Chapter 11 of the Illinois Vehicle Code;
| ||||||
| 9 | (21) the defendant (i) committed the offense of | ||||||
| 10 | reckless driving or aggravated reckless driving under | ||||||
| 11 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
| 12 | operating a motor vehicle in excess of 20 miles per hour | ||||||
| 13 | over the posted speed limit as provided in Article VI of | ||||||
| 14 | Chapter 11 of the Illinois Vehicle Code; | ||||||
| 15 | (22) the defendant committed the offense against a | ||||||
| 16 | person that the defendant knew, or reasonably should have | ||||||
| 17 | known, was a member of the Armed Forces of the United | ||||||
| 18 | States serving on active duty. For purposes of this clause | ||||||
| 19 | (22), the term "Armed Forces" means any of the Armed Forces | ||||||
| 20 | of the United States, including a member of any reserve | ||||||
| 21 | component thereof or National Guard unit called to active | ||||||
| 22 | duty;
| ||||||
| 23 | (23)
the defendant committed the offense against a | ||||||
| 24 | person who was elderly or infirm or who was a person with a | ||||||
| 25 | disability by taking advantage of a family or fiduciary | ||||||
| 26 | relationship with the elderly or infirm person or person | ||||||
| |||||||
| |||||||
| 1 | with a disability;
| ||||||
| 2 | (24)
the defendant committed any offense under Section | ||||||
| 3 | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
| 4 | of 2012 and possessed 100 or more images;
| ||||||
| 5 | (25) the defendant committed the offense while the | ||||||
| 6 | defendant or the victim was in a train, bus, or other | ||||||
| 7 | vehicle used for public transportation; | ||||||
| 8 | (26) the defendant committed the offense of child | ||||||
| 9 | pornography or aggravated child pornography, specifically | ||||||
| 10 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
| 11 | subsection (a) of Section 11-20.1 of the Criminal Code of | ||||||
| 12 | 1961 or the Criminal Code of 2012 where a child engaged in, | ||||||
| 13 | solicited for, depicted in, or posed in any act of sexual | ||||||
| 14 | penetration or bound, fettered, or subject to sadistic, | ||||||
| 15 | masochistic, or sadomasochistic abuse in a sexual context | ||||||
| 16 | and specifically including paragraph (1), (2), (3), (4), | ||||||
| 17 | (5), or (7) of subsection (a) of Section 11-20.1B or | ||||||
| 18 | Section 11-20.3 of the Criminal Code of 1961 where a child | ||||||
| 19 | engaged in, solicited for, depicted in, or posed in any act | ||||||
| 20 | of sexual penetration or bound, fettered, or subject to | ||||||
| 21 | sadistic, masochistic, or sadomasochistic abuse in a | ||||||
| 22 | sexual context; | ||||||
| 23 | (27) the defendant committed the offense of first | ||||||
| 24 | degree murder, assault, aggravated assault, battery, | ||||||
| 25 | aggravated battery, robbery, armed robbery, or aggravated | ||||||
| 26 | robbery against a person who was a veteran and the | ||||||
| |||||||
| |||||||
| 1 | defendant knew, or reasonably should have known, that the | ||||||
| 2 | person was a veteran performing duties as a representative | ||||||
| 3 | of a veterans' organization. For the purposes of this | ||||||
| 4 | paragraph (27), "veteran" means an Illinois resident who | ||||||
| 5 | has served as a member of the United States Armed Forces, a | ||||||
| 6 | member of the Illinois National Guard, or a member of the | ||||||
| 7 | United States Reserve Forces; and "veterans' organization" | ||||||
| 8 | means an organization comprised of members of
which | ||||||
| 9 | substantially all are individuals who are veterans or | ||||||
| 10 | spouses,
widows, or widowers of veterans, the primary | ||||||
| 11 | purpose of which is to
promote the welfare of its members | ||||||
| 12 | and to provide assistance to the general
public in such a | ||||||
| 13 | way as to confer a public benefit; | ||||||
| 14 | (28) the defendant committed the offense of assault, | ||||||
| 15 | aggravated assault, battery, aggravated battery, robbery, | ||||||
| 16 | armed robbery, or aggravated robbery against a person that | ||||||
| 17 | the defendant knew or reasonably should have known was a | ||||||
| 18 | letter carrier or postal worker while that person was | ||||||
| 19 | performing his or her duties delivering mail for the United | ||||||
| 20 | States Postal Service; | ||||||
| 21 | (29) the defendant committed the offense of criminal | ||||||
| 22 | sexual assault, aggravated criminal sexual assault, | ||||||
| 23 | criminal sexual abuse, or aggravated criminal sexual abuse | ||||||
| 24 | against a victim with an intellectual disability, and the | ||||||
| 25 | defendant holds a position of trust, authority, or | ||||||
| 26 | supervision in relation to the victim; | ||||||
| |||||||
| |||||||
| 1 | (30) the defendant committed the offense of promoting | ||||||
| 2 | juvenile prostitution, patronizing a prostitute, or | ||||||
| 3 | patronizing a minor engaged in prostitution and at the time | ||||||
| 4 | of the commission of the offense knew that the prostitute | ||||||
| 5 | or minor engaged in prostitution was in the custody or | ||||||
| 6 | guardianship of the Department of Children and Family | ||||||
| 7 | Services; or | ||||||
| 8 | (31) the defendant (i) committed the offense of driving | ||||||
| 9 | while under the influence of alcohol, other drug or drugs, | ||||||
| 10 | intoxicating compound or compounds or any combination | ||||||
| 11 | thereof in violation of Section 11-501 of the Illinois | ||||||
| 12 | Vehicle Code or a similar provision of a local ordinance | ||||||
| 13 | and (ii) the defendant during the commission of the offense | ||||||
| 14 | was driving his or her vehicle upon a roadway designated | ||||||
| 15 | for one-way traffic in the opposite direction of the | ||||||
| 16 | direction indicated by official traffic control devices; | ||||||
| 17 | or . | ||||||
| 18 | (32) the defendant committed the offense of reckless | ||||||
| 19 | homicide while committing a violation of Section 11-907 of | ||||||
| 20 | the Illinois Vehicle Code. | ||||||
| 21 | For the purposes of this Section:
| ||||||
| 22 | "School" is defined as a public or private
elementary or | ||||||
| 23 | secondary school, community college, college, or university.
| ||||||
| 24 | "Day care center" means a public or private State certified | ||||||
| 25 | and
licensed day care center as defined in Section 2.09 of the | ||||||
| 26 | Child Care Act of
1969 that displays a sign in plain view | ||||||
| |||||||
| |||||||
| 1 | stating that the
property is a day care center.
| ||||||
| 2 | "Intellectual disability" means significantly subaverage | ||||||
| 3 | intellectual functioning which exists concurrently
with | ||||||
| 4 | impairment in adaptive behavior. | ||||||
| 5 | "Public transportation" means the transportation
or | ||||||
| 6 | conveyance of persons by means available to the general public, | ||||||
| 7 | and includes paratransit services. | ||||||
| 8 | "Traffic control devices" means all signs, signals, | ||||||
| 9 | markings, and devices that conform to the Illinois Manual on | ||||||
| 10 | Uniform Traffic Control Devices, placed or erected by authority | ||||||
| 11 | of a public body or official having jurisdiction, for the | ||||||
| 12 | purpose of regulating, warning, or guiding traffic. | ||||||
| 13 | (b) The following factors, related to all felonies, may be | ||||||
| 14 | considered by the court as
reasons to impose an extended term | ||||||
| 15 | sentence under Section 5-8-2
upon any offender:
| ||||||
| 16 | (1) When a defendant is convicted of any felony, after | ||||||
| 17 | having
been previously convicted in Illinois or any other | ||||||
| 18 | jurisdiction of the
same or similar class felony or greater | ||||||
| 19 | class felony, when such conviction
has occurred within 10 | ||||||
| 20 | years after the
previous conviction, excluding time spent | ||||||
| 21 | in custody, and such charges are
separately brought and | ||||||
| 22 | tried and arise out of different series of acts; or
| ||||||
| 23 | (2) When a defendant is convicted of any felony and the | ||||||
| 24 | court
finds that the offense was accompanied by | ||||||
| 25 | exceptionally brutal
or heinous behavior indicative of | ||||||
| 26 | wanton cruelty; or
| ||||||
| |||||||
| |||||||
| 1 | (3) When a defendant is convicted of any felony | ||||||
| 2 | committed against:
| ||||||
| 3 | (i) a person under 12 years of age at the time of | ||||||
| 4 | the offense or such
person's property;
| ||||||
| 5 | (ii) a person 60 years of age or older at the time | ||||||
| 6 | of the offense or
such person's property; or
| ||||||
| 7 | (iii) a person who had a physical disability at the | ||||||
| 8 | time of the offense or
such person's property; or
| ||||||
| 9 | (4) When a defendant is convicted of any felony and the | ||||||
| 10 | offense
involved any of the following types of specific | ||||||
| 11 | misconduct committed as
part of a ceremony, rite, | ||||||
| 12 | initiation, observance, performance, practice or
activity | ||||||
| 13 | of any actual or ostensible religious, fraternal, or social | ||||||
| 14 | group:
| ||||||
| 15 | (i) the brutalizing or torturing of humans or | ||||||
| 16 | animals;
| ||||||
| 17 | (ii) the theft of human corpses;
| ||||||
| 18 | (iii) the kidnapping of humans;
| ||||||
| 19 | (iv) the desecration of any cemetery, religious, | ||||||
| 20 | fraternal, business,
governmental, educational, or | ||||||
| 21 | other building or property; or
| ||||||
| 22 | (v) ritualized abuse of a child; or
| ||||||
| 23 | (5) When a defendant is convicted of a felony other | ||||||
| 24 | than conspiracy and
the court finds that
the felony was | ||||||
| 25 | committed under an agreement with 2 or more other persons
| ||||||
| 26 | to commit that offense and the defendant, with respect to | ||||||
| |||||||
| |||||||
| 1 | the other
individuals, occupied a position of organizer, | ||||||
| 2 | supervisor, financier, or any
other position of management | ||||||
| 3 | or leadership, and the court further finds that
the felony | ||||||
| 4 | committed was related to or in furtherance of the criminal
| ||||||
| 5 | activities of an organized gang or was motivated by the | ||||||
| 6 | defendant's leadership
in an organized gang; or
| ||||||
| 7 | (6) When a defendant is convicted of an offense | ||||||
| 8 | committed while using a firearm with a
laser sight attached | ||||||
| 9 | to it. For purposes of this paragraph, "laser sight"
has | ||||||
| 10 | the meaning ascribed to it in Section 26-7 of the Criminal | ||||||
| 11 | Code of
2012; or
| ||||||
| 12 | (7) When a defendant who was at least 17 years of age | ||||||
| 13 | at the
time of
the commission of the offense is convicted | ||||||
| 14 | of a felony and has been previously
adjudicated a | ||||||
| 15 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
| 16 | an act
that if committed by an adult would be a Class X or | ||||||
| 17 | Class 1 felony when the
conviction has occurred within 10 | ||||||
| 18 | years after the previous adjudication,
excluding time | ||||||
| 19 | spent in custody; or
| ||||||
| 20 | (8) When a defendant commits any felony and the | ||||||
| 21 | defendant used, possessed, exercised control over, or | ||||||
| 22 | otherwise directed an animal to assault a law enforcement | ||||||
| 23 | officer engaged in the execution of his or her official | ||||||
| 24 | duties or in furtherance of the criminal activities of an | ||||||
| 25 | organized gang in which the defendant is engaged; or
| ||||||
| 26 | (9) When a defendant commits any felony and the | ||||||
| |||||||
| |||||||
| 1 | defendant knowingly video or audio records the offense with | ||||||
| 2 | the intent to disseminate the recording. | ||||||
| 3 | (c) The following factors may be considered by the court as | ||||||
| 4 | reasons to impose an extended term sentence under Section 5-8-2 | ||||||
| 5 | (730 ILCS 5/5-8-2) upon any offender for the listed offenses: | ||||||
| 6 | (1) When a defendant is convicted of first degree | ||||||
| 7 | murder, after having been previously convicted in Illinois | ||||||
| 8 | of any offense listed under paragraph (c)(2) of Section | ||||||
| 9 | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred | ||||||
| 10 | within 10 years after the previous conviction, excluding | ||||||
| 11 | time spent in custody, and the charges are separately | ||||||
| 12 | brought and tried and arise out of different series of | ||||||
| 13 | acts. | ||||||
| 14 | (1.5) When a defendant is convicted of first degree | ||||||
| 15 | murder, after having been previously convicted of domestic | ||||||
| 16 | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | ||||||
| 17 | (720 ILCS 5/12-3.3) committed on the same victim or after | ||||||
| 18 | having been previously convicted of violation of an order | ||||||
| 19 | of protection (720 ILCS 5/12-30) in which the same victim | ||||||
| 20 | was the protected person. | ||||||
| 21 | (2) When a defendant is convicted of voluntary | ||||||
| 22 | manslaughter, second degree murder, involuntary | ||||||
| 23 | manslaughter, or reckless homicide in which the defendant | ||||||
| 24 | has been convicted of causing the death of more than one | ||||||
| 25 | individual. | ||||||
| 26 | (3) When a defendant is convicted of aggravated | ||||||
| |||||||
| |||||||
| 1 | criminal sexual assault or criminal sexual assault, when | ||||||
| 2 | there is a finding that aggravated criminal sexual assault | ||||||
| 3 | or criminal sexual assault was also committed on the same | ||||||
| 4 | victim by one or more other individuals, and the defendant | ||||||
| 5 | voluntarily participated in the crime with the knowledge of | ||||||
| 6 | the participation of the others in the crime, and the | ||||||
| 7 | commission of the crime was part of a single course of | ||||||
| 8 | conduct during which there was no substantial change in the | ||||||
| 9 | nature of the criminal objective. | ||||||
| 10 | (4) If the victim was under 18 years of age at the time | ||||||
| 11 | of the commission of the offense, when a defendant is | ||||||
| 12 | convicted of aggravated criminal sexual assault or | ||||||
| 13 | predatory criminal sexual assault of a child under | ||||||
| 14 | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | ||||||
| 15 | of Section 12-14.1 of the Criminal Code of 1961 or the | ||||||
| 16 | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | ||||||
| 17 | (5) When a defendant is convicted of a felony violation | ||||||
| 18 | of Section 24-1 of the Criminal Code of 1961 or the | ||||||
| 19 | Criminal Code of 2012 (720 ILCS 5/24-1) and there is a | ||||||
| 20 | finding that the defendant is a member of an organized | ||||||
| 21 | gang. | ||||||
| 22 | (6) When a defendant was convicted of unlawful use of | ||||||
| 23 | weapons under Section 24-1 of the Criminal Code of 1961 or | ||||||
| 24 | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing | ||||||
| 25 | a weapon that is not readily distinguishable as one of the | ||||||
| 26 | weapons enumerated in Section 24-1 of the Criminal Code of | ||||||
| |||||||
| |||||||
| 1 | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). | ||||||
| 2 | (7) When a defendant is convicted of an offense | ||||||
| 3 | involving the illegal manufacture of a controlled | ||||||
| 4 | substance under Section 401 of the Illinois Controlled | ||||||
| 5 | Substances Act (720 ILCS 570/401), the illegal manufacture | ||||||
| 6 | of methamphetamine under Section 25 of the Methamphetamine | ||||||
| 7 | Control and Community Protection Act (720 ILCS 646/25), or | ||||||
| 8 | the illegal possession of explosives and an emergency | ||||||
| 9 | response officer in the performance of his or her duties is | ||||||
| 10 | killed or injured at the scene of the offense while | ||||||
| 11 | responding to the emergency caused by the commission of the | ||||||
| 12 | offense. In this paragraph, "emergency" means a situation | ||||||
| 13 | in which a person's life, health, or safety is in jeopardy; | ||||||
| 14 | and "emergency response officer" means a peace officer, | ||||||
| 15 | community policing volunteer, fireman, emergency medical | ||||||
| 16 | technician-ambulance, emergency medical | ||||||
| 17 | technician-intermediate, emergency medical | ||||||
| 18 | technician-paramedic, ambulance driver, other medical | ||||||
| 19 | assistance or first aid personnel, or hospital emergency | ||||||
| 20 | room personnel.
| ||||||
| 21 | (8) When the defendant is convicted of attempted mob | ||||||
| 22 | action, solicitation to commit mob action, or conspiracy to | ||||||
| 23 | commit mob action under Section 8-1, 8-2, or 8-4 of the | ||||||
| 24 | Criminal Code of 2012, where the criminal object is a | ||||||
| 25 | violation of Section 25-1 of the Criminal Code of 2012, and | ||||||
| 26 | an electronic communication is used in the commission of | ||||||
| |||||||
| |||||||
| 1 | the offense. For the purposes of this paragraph (8), | ||||||
| 2 | "electronic communication" shall have the meaning provided | ||||||
| 3 | in Section 26.5-0.1 of the Criminal Code of 2012. | ||||||
| 4 | (d) For the purposes of this Section, "organized gang" has | ||||||
| 5 | the meaning
ascribed to it in Section 10 of the Illinois | ||||||
| 6 | Streetgang Terrorism Omnibus
Prevention Act.
| ||||||
| 7 | (e) The court may impose an extended term sentence under | ||||||
| 8 | Article 4.5 of Chapter V upon an offender who has been | ||||||
| 9 | convicted of a felony violation of Section 11-1.20, 11-1.30, | ||||||
| 10 | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or | ||||||
| 11 | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
| 12 | when the victim of the offense is under 18 years of age at the | ||||||
| 13 | time of the commission of the offense and, during the | ||||||
| 14 | commission of the offense, the victim was under the influence | ||||||
| 15 | of alcohol, regardless of whether or not the alcohol was | ||||||
| 16 | supplied by the offender; and the offender, at the time of the | ||||||
| 17 | commission of the offense, knew or should have known that the | ||||||
| 18 | victim had consumed alcohol. | ||||||
| 19 | (Source: P.A. 99-77, eff. 1-1-16; 99-143, eff. 7-27-15; 99-180, | ||||||
| 20 | eff. 7-29-15; 99-283, eff. 1-1-16; 99-347, eff. 1-1-16; 99-642, | ||||||
| 21 | eff. 7-28-16; 100-1053, eff. 1-1-19.)
| ||||||
| 22 | (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
| ||||||
| 23 | (Text of Section before amendment by P.A. 100-987)
| ||||||
| 24 | Sec. 5-6-1. Sentences of probation and of conditional
| ||||||
| 25 | discharge and disposition of supervision.
The General Assembly | ||||||
| |||||||
| |||||||
| 1 | finds that in order to protect the public, the
criminal justice | ||||||
| 2 | system must compel compliance with the conditions of probation
| ||||||
| 3 | by responding to violations with swift, certain and fair | ||||||
| 4 | punishments and
intermediate sanctions. The Chief Judge of each | ||||||
| 5 | circuit shall adopt a system of
structured, intermediate | ||||||
| 6 | sanctions for violations of the terms and conditions
of a | ||||||
| 7 | sentence of probation, conditional discharge or disposition of
| ||||||
| 8 | supervision.
| ||||||
| 9 | (a) Except where specifically prohibited by other
| ||||||
| 10 | provisions of this Code, the court shall impose a sentence
of | ||||||
| 11 | probation or conditional discharge upon an offender
unless, | ||||||
| 12 | having regard to the nature and circumstance of
the offense, | ||||||
| 13 | and to the history, character and condition
of the offender, | ||||||
| 14 | the court is of the opinion that:
| ||||||
| 15 | (1) his imprisonment or periodic imprisonment is | ||||||
| 16 | necessary
for the protection of the public; or
| ||||||
| 17 | (2) probation or conditional discharge would deprecate
| ||||||
| 18 | the seriousness of the offender's conduct and would be
| ||||||
| 19 | inconsistent with the ends of justice; or
| ||||||
| 20 | (3) a combination of imprisonment with concurrent or | ||||||
| 21 | consecutive probation when an offender has been admitted | ||||||
| 22 | into a drug court program under Section 20 of the Drug | ||||||
| 23 | Court Treatment Act is necessary for the protection of the | ||||||
| 24 | public and for the rehabilitation of the offender.
| ||||||
| 25 | The court shall impose as a condition of a sentence of | ||||||
| 26 | probation,
conditional discharge, or supervision, that the | ||||||
| |||||||
| |||||||
| 1 | probation agency may invoke any
sanction from the list of | ||||||
| 2 | intermediate sanctions adopted by the chief judge of
the | ||||||
| 3 | circuit court for violations of the terms and conditions of the | ||||||
| 4 | sentence of
probation, conditional discharge, or supervision, | ||||||
| 5 | subject to the provisions of
Section 5-6-4 of this Act.
| ||||||
| 6 | (b) The court may impose a sentence of conditional
| ||||||
| 7 | discharge for an offense if the court is of the opinion
that | ||||||
| 8 | neither a sentence of imprisonment nor of periodic
imprisonment | ||||||
| 9 | nor of probation supervision is appropriate.
| ||||||
| 10 | (b-1) Subsections (a) and (b) of this Section do not apply | ||||||
| 11 | to a defendant charged with a misdemeanor or felony under the | ||||||
| 12 | Illinois Vehicle Code or reckless homicide under Section 9-3 of | ||||||
| 13 | the Criminal Code of 1961 or the Criminal Code of 2012 if the | ||||||
| 14 | defendant within the past 12 months has been convicted of or | ||||||
| 15 | pleaded guilty to a misdemeanor or felony under the Illinois | ||||||
| 16 | Vehicle Code or reckless homicide under Section 9-3 of the | ||||||
| 17 | Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
| 18 | (c) The court may, upon a plea of guilty or a stipulation
| ||||||
| 19 | by the defendant of the facts supporting the charge or a
| ||||||
| 20 | finding of guilt, defer further proceedings and the
imposition | ||||||
| 21 | of a sentence, and enter an order for supervision of the | ||||||
| 22 | defendant,
if the defendant is not charged with: (i) a Class A | ||||||
| 23 | misdemeanor, as
defined by the following provisions of the | ||||||
| 24 | Criminal Code of 1961 or the Criminal Code of 2012: Sections
| ||||||
| 25 | 11-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6; | ||||||
| 26 | 31-7; paragraphs (2) and (3) of subsection (a) of Section
21-1;
| ||||||
| |||||||
| |||||||
| 1 | paragraph (1) through (5), (8), (10), and (11) of subsection | ||||||
| 2 | (a) of Section
24-1; (ii) a Class A misdemeanor violation of | ||||||
| 3 | Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals | ||||||
| 4 | Act; or (iii)
a felony.
If the defendant
is not barred from | ||||||
| 5 | receiving an order for supervision as provided in this
| ||||||
| 6 | subsection, the court may enter an order for supervision after | ||||||
| 7 | considering the
circumstances of the offense, and the history,
| ||||||
| 8 | character and condition of the offender, if the court is of the | ||||||
| 9 | opinion
that:
| ||||||
| 10 | (1) the offender is not likely to commit further | ||||||
| 11 | crimes;
| ||||||
| 12 | (2) the defendant and the public would be best served | ||||||
| 13 | if the
defendant were not to receive a criminal record; and
| ||||||
| 14 | (3) in the best interests of justice an order of | ||||||
| 15 | supervision
is more appropriate than a sentence otherwise | ||||||
| 16 | permitted under this Code.
| ||||||
| 17 | (c-5) Subsections (a), (b), and (c) of this Section do not | ||||||
| 18 | apply to a defendant charged with a second or subsequent | ||||||
| 19 | violation of Section 6-303 of the Illinois Vehicle Code | ||||||
| 20 | committed while his or her driver's license, permit or | ||||||
| 21 | privileges were revoked because of a violation of Section 9-3 | ||||||
| 22 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
| 23 | relating to the offense of reckless homicide, or a similar | ||||||
| 24 | provision of a law of another state.
| ||||||
| 25 | (d) The provisions of paragraph (c) shall not apply to a | ||||||
| 26 | defendant charged
with violating Section 11-501 of the Illinois | ||||||
| |||||||
| |||||||
| 1 | Vehicle Code or a similar
provision of a local
ordinance when | ||||||
| 2 | the defendant has previously been:
| ||||||
| 3 | (1) convicted for a violation of Section 11-501 of
the | ||||||
| 4 | Illinois Vehicle
Code or a similar provision of a
local | ||||||
| 5 | ordinance or any similar law or ordinance of another state; | ||||||
| 6 | or
| ||||||
| 7 | (2) assigned supervision for a violation of Section | ||||||
| 8 | 11-501 of the Illinois
Vehicle Code or a similar provision | ||||||
| 9 | of a local ordinance or any similar law
or ordinance of | ||||||
| 10 | another state; or
| ||||||
| 11 | (3) pleaded guilty to or stipulated to the facts | ||||||
| 12 | supporting
a charge or a finding of guilty to a violation | ||||||
| 13 | of Section 11-503 of the
Illinois Vehicle Code or a similar | ||||||
| 14 | provision of a local ordinance or any
similar law or | ||||||
| 15 | ordinance of another state, and the
plea or stipulation was | ||||||
| 16 | the result of a plea agreement.
| ||||||
| 17 | The court shall consider the statement of the prosecuting
| ||||||
| 18 | authority with regard to the standards set forth in this | ||||||
| 19 | Section.
| ||||||
| 20 | (e) The provisions of paragraph (c) shall not apply to a | ||||||
| 21 | defendant
charged with violating Section 16-25 or 16A-3 of the | ||||||
| 22 | Criminal Code of 1961 or the Criminal Code of 2012 if said
| ||||||
| 23 | defendant has within the last 5 years been:
| ||||||
| 24 | (1) convicted for a violation of Section 16-25 or 16A-3 | ||||||
| 25 | of the Criminal Code of
1961 or the Criminal Code of 2012; | ||||||
| 26 | or
| ||||||
| |||||||
| |||||||
| 1 | (2) assigned supervision for a violation of Section | ||||||
| 2 | 16-25 or 16A-3 of the Criminal
Code of 1961 or the Criminal | ||||||
| 3 | Code of 2012.
| ||||||
| 4 | The court shall consider the statement of the prosecuting | ||||||
| 5 | authority with
regard to the standards set forth in this | ||||||
| 6 | Section.
| ||||||
| 7 | (f) The provisions of paragraph (c) shall not apply to a | ||||||
| 8 | defendant
charged with: (1) violating Sections 15-111, 15-112, | ||||||
| 9 | 15-301, paragraph (b)
of Section 6-104, Section 11-605, | ||||||
| 10 | paragraph (d-5) of Section 11-605.1, Section 11-1002.5, or | ||||||
| 11 | Section 11-1414
of the Illinois Vehicle Code or a similar | ||||||
| 12 | provision of a local ordinance; or (2) committing a Class A | ||||||
| 13 | misdemeanor under subsection (c) of Section 11-907 of the | ||||||
| 14 | Illinois Vehicle Code or a similar provision of a local | ||||||
| 15 | ordinance.
| ||||||
| 16 | (g) Except as otherwise provided in paragraph (i) of this | ||||||
| 17 | Section, the
provisions of paragraph (c) shall not apply to a
| ||||||
| 18 | defendant charged with violating Section
3-707, 3-708, 3-710, | ||||||
| 19 | or 5-401.3
of the Illinois Vehicle Code or a similar provision | ||||||
| 20 | of a local ordinance if the
defendant has within the last 5 | ||||||
| 21 | years been:
| ||||||
| 22 | (1) convicted for a violation of Section 3-707, 3-708, | ||||||
| 23 | 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | ||||||
| 24 | provision of a local
ordinance; or
| ||||||
| 25 | (2) assigned supervision for a violation of Section | ||||||
| 26 | 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle | ||||||
| |||||||
| |||||||
| 1 | Code or a similar provision of a local
ordinance.
| ||||||
| 2 | The court shall consider the statement of the prosecuting | ||||||
| 3 | authority with
regard to the standards set forth in this | ||||||
| 4 | Section.
| ||||||
| 5 | (h) The provisions of paragraph (c) shall not apply to a | ||||||
| 6 | defendant under
the age of 21 years charged with violating a | ||||||
| 7 | serious traffic offense as defined
in Section 1-187.001 of the | ||||||
| 8 | Illinois Vehicle Code:
| ||||||
| 9 | (1) unless the defendant, upon payment of the fines, | ||||||
| 10 | penalties, and costs
provided by law, agrees to attend and | ||||||
| 11 | successfully complete a traffic safety
program approved by | ||||||
| 12 | the court under standards set by the Conference of Chief
| ||||||
| 13 | Circuit Judges. The accused shall be responsible for | ||||||
| 14 | payment of any traffic
safety program fees. If the accused | ||||||
| 15 | fails to file a certificate of
successful completion on or | ||||||
| 16 | before the termination date of the supervision
order, the | ||||||
| 17 | supervision shall be summarily revoked and conviction | ||||||
| 18 | entered. The
provisions of Supreme Court Rule 402 relating | ||||||
| 19 | to pleas of guilty do not apply
in cases when a defendant | ||||||
| 20 | enters a guilty plea under this provision; or
| ||||||
| 21 | (2) if the defendant has previously been sentenced | ||||||
| 22 | under the provisions of
paragraph (c) on or after January | ||||||
| 23 | 1, 1998 for any serious traffic offense as
defined in | ||||||
| 24 | Section 1-187.001 of the Illinois Vehicle Code.
| ||||||
| 25 | (h-1) The provisions of paragraph (c) shall not apply to a | ||||||
| 26 | defendant under the age of 21 years charged with an offense | ||||||
| |||||||
| |||||||
| 1 | against traffic regulations governing the movement of vehicles | ||||||
| 2 | or any violation of Section 6-107 or Section 12-603.1 of the | ||||||
| 3 | Illinois Vehicle Code, unless the defendant, upon payment of | ||||||
| 4 | the fines, penalties, and costs provided by law, agrees to | ||||||
| 5 | attend and successfully complete a traffic safety program | ||||||
| 6 | approved by the court under standards set by the Conference of | ||||||
| 7 | Chief Circuit Judges. The accused shall be responsible for | ||||||
| 8 | payment of any traffic safety program fees. If the accused | ||||||
| 9 | fails to file a certificate of successful completion on or | ||||||
| 10 | before the termination date of the supervision order, the | ||||||
| 11 | supervision shall be summarily revoked and conviction entered. | ||||||
| 12 | The provisions of Supreme Court Rule 402 relating to pleas of | ||||||
| 13 | guilty do not apply in cases when a defendant enters a guilty | ||||||
| 14 | plea under this provision.
| ||||||
| 15 | (i) The provisions of paragraph (c) shall not apply to a | ||||||
| 16 | defendant charged
with violating Section 3-707 of the Illinois | ||||||
| 17 | Vehicle Code or a similar
provision of a local ordinance if the | ||||||
| 18 | defendant has been assigned supervision
for a violation of | ||||||
| 19 | Section 3-707 of the Illinois Vehicle Code or a similar
| ||||||
| 20 | provision of a local ordinance.
| ||||||
| 21 | (j) The provisions of paragraph (c) shall not apply to a
| ||||||
| 22 | defendant charged with violating
Section 6-303 of the Illinois | ||||||
| 23 | Vehicle Code or a similar provision of
a local ordinance when | ||||||
| 24 | the revocation or suspension was for a violation of
Section | ||||||
| 25 | 11-501 or a similar provision of a local ordinance or a | ||||||
| 26 | violation of
Section 11-501.1 or paragraph (b) of Section | ||||||
| |||||||
| |||||||
| 1 | 11-401 of the Illinois Vehicle
Code if the
defendant has within | ||||||
| 2 | the last 10 years been:
| ||||||
| 3 | (1) convicted for a violation of Section 6-303 of the | ||||||
| 4 | Illinois Vehicle
Code or a similar provision of a local | ||||||
| 5 | ordinance; or
| ||||||
| 6 | (2) assigned supervision for a violation of Section | ||||||
| 7 | 6-303 of the Illinois
Vehicle Code or a similar provision | ||||||
| 8 | of a local ordinance. | ||||||
| 9 | (k) The provisions of paragraph (c) shall not apply to a
| ||||||
| 10 | defendant charged with violating
any provision of the Illinois | ||||||
| 11 | Vehicle Code or a similar provision of a local ordinance that | ||||||
| 12 | governs the movement of vehicles if, within the 12 months | ||||||
| 13 | preceding the date of the defendant's arrest, the defendant has | ||||||
| 14 | been assigned court supervision on 2 occasions for a violation | ||||||
| 15 | that governs the movement of vehicles under the Illinois | ||||||
| 16 | Vehicle Code or a similar provision of a local ordinance.
The | ||||||
| 17 | provisions of this paragraph (k) do not apply to a defendant | ||||||
| 18 | charged with violating Section 11-501 of the Illinois Vehicle | ||||||
| 19 | Code or a similar provision of a local ordinance.
| ||||||
| 20 | (l) A defendant charged with violating any provision of the | ||||||
| 21 | Illinois Vehicle Code or a similar provision of a local | ||||||
| 22 | ordinance who receives a disposition of supervision under | ||||||
| 23 | subsection (c) shall pay an additional fee of $29, to be | ||||||
| 24 | collected as provided in Sections 27.5 and 27.6 of the Clerks | ||||||
| 25 | of Courts Act. In addition to the $29 fee, the person shall | ||||||
| 26 | also pay a fee of $6, which, if not waived by the court, shall | ||||||
| |||||||
| |||||||
| 1 | be collected as provided in Sections 27.5 and 27.6 of the | ||||||
| 2 | Clerks of Courts Act. The $29 fee shall be disbursed as | ||||||
| 3 | provided in Section 16-104c of the Illinois Vehicle Code. If | ||||||
| 4 | the $6 fee is collected, $5.50 of the fee shall be deposited | ||||||
| 5 | into the Circuit Court Clerk Operation and Administrative Fund | ||||||
| 6 | created by the Clerk of the Circuit Court and 50 cents of the | ||||||
| 7 | fee shall be deposited into the Prisoner Review Board Vehicle | ||||||
| 8 | and Equipment Fund in the State treasury.
| ||||||
| 9 | (m) Any person convicted of, pleading guilty to, or placed | ||||||
| 10 | on supervision for a serious traffic violation, as defined in | ||||||
| 11 | Section 1-187.001 of the Illinois Vehicle Code, a violation of | ||||||
| 12 | Section 11-501 of the Illinois Vehicle Code, or a violation of | ||||||
| 13 | a similar provision of a local ordinance shall pay an | ||||||
| 14 | additional fee of $35, to be disbursed as provided in Section | ||||||
| 15 | 16-104d of that Code. | ||||||
| 16 | This subsection (m) becomes inoperative on January 1, 2020.
| ||||||
| 17 | (n)
The provisions of paragraph (c) shall not apply to any | ||||||
| 18 | person under the age of 18 who commits an offense against | ||||||
| 19 | traffic regulations governing the movement of vehicles or any | ||||||
| 20 | violation of Section 6-107 or Section 12-603.1 of the Illinois | ||||||
| 21 | Vehicle Code, except upon personal appearance of the defendant | ||||||
| 22 | in court and upon the written consent of the defendant's parent | ||||||
| 23 | or legal guardian, executed before the presiding judge. The | ||||||
| 24 | presiding judge shall have the authority to waive this | ||||||
| 25 | requirement upon the showing of good cause by the defendant.
| ||||||
| 26 | (o)
The provisions of paragraph (c) shall not apply to a | ||||||
| |||||||
| |||||||
| 1 | defendant charged with violating Section 6-303 of the Illinois | ||||||
| 2 | Vehicle Code or a similar provision of a local ordinance when | ||||||
| 3 | the suspension was for a violation of Section 11-501.1 of the | ||||||
| 4 | Illinois Vehicle Code and when: | ||||||
| 5 | (1) at the time of the violation of Section 11-501.1 of | ||||||
| 6 | the Illinois Vehicle Code, the defendant was a first | ||||||
| 7 | offender pursuant to Section 11-500 of the Illinois Vehicle | ||||||
| 8 | Code and the defendant failed to obtain a monitoring device | ||||||
| 9 | driving permit; or | ||||||
| 10 | (2) at the time of the violation of Section 11-501.1 of | ||||||
| 11 | the Illinois Vehicle Code, the defendant was a first | ||||||
| 12 | offender pursuant to Section 11-500 of the Illinois Vehicle | ||||||
| 13 | Code, had subsequently obtained a monitoring device | ||||||
| 14 | driving permit, but was driving a vehicle not equipped with | ||||||
| 15 | a breath alcohol ignition interlock device as defined in | ||||||
| 16 | Section 1-129.1 of the Illinois Vehicle Code.
| ||||||
| 17 | (p) The provisions of paragraph (c) shall not apply to a | ||||||
| 18 | defendant charged with violating Section 11-601.5 of the | ||||||
| 19 | Illinois Vehicle Code or a similar provision of a local | ||||||
| 20 | ordinance when the defendant has previously been: | ||||||
| 21 | (1) convicted for a violation of Section 11-601.5 of | ||||||
| 22 | the Illinois Vehicle Code or a similar provision of a local | ||||||
| 23 | ordinance or any similar law or ordinance of another state; | ||||||
| 24 | or | ||||||
| 25 | (2) assigned supervision for a violation of Section | ||||||
| 26 | 11-601.5 of the Illinois Vehicle Code or a similar | ||||||
| |||||||
| |||||||
| 1 | provision of a local ordinance or any similar law or | ||||||
| 2 | ordinance of another state. | ||||||
| 3 | (q) The provisions of paragraph (c) shall not apply to a | ||||||
| 4 | defendant charged with violating subsection (b) of Section | ||||||
| 5 | 11-601 or Section 11-601.5 of the Illinois Vehicle Code when | ||||||
| 6 | the defendant was operating a vehicle, in an urban district, at | ||||||
| 7 | a speed that is 26 miles per hour or more in excess of the | ||||||
| 8 | applicable maximum speed limit established under Chapter 11 of | ||||||
| 9 | the Illinois Vehicle Code. | ||||||
| 10 | (r) The provisions of paragraph (c) shall not apply to a | ||||||
| 11 | defendant charged with violating any provision of the Illinois | ||||||
| 12 | Vehicle Code or a similar provision of a local ordinance if the | ||||||
| 13 | violation was the proximate cause of the death of another and | ||||||
| 14 | the defendant's driving abstract contains a prior conviction or | ||||||
| 15 | disposition of court supervision for any violation of the | ||||||
| 16 | Illinois Vehicle Code, other than an equipment violation, or a | ||||||
| 17 | suspension, revocation, or cancellation of the driver's | ||||||
| 18 | license. | ||||||
| 19 | (s) The provisions of paragraph (c) shall not apply to a | ||||||
| 20 | defendant charged
with violating subsection (i) of Section 70 | ||||||
| 21 | of the Firearm Concealed Carry Act. | ||||||
| 22 | (Source: P.A. 98-169, eff. 1-1-14; 98-658, eff. 6-23-14; | ||||||
| 23 | 98-899, eff. 8-15-14; 99-78, eff. 7-20-15; 99-212, eff. | ||||||
| 24 | 1-1-16.)
| ||||||
| 25 | (Text of Section after amendment by P.A. 100-987) | ||||||
| |||||||
| |||||||
| 1 | Sec. 5-6-1. Sentences of probation and of conditional
| ||||||
| 2 | discharge and disposition of supervision.
The General Assembly | ||||||
| 3 | finds that in order to protect the public, the
criminal justice | ||||||
| 4 | system must compel compliance with the conditions of probation
| ||||||
| 5 | by responding to violations with swift, certain and fair | ||||||
| 6 | punishments and
intermediate sanctions. The Chief Judge of each | ||||||
| 7 | circuit shall adopt a system of
structured, intermediate | ||||||
| 8 | sanctions for violations of the terms and conditions
of a | ||||||
| 9 | sentence of probation, conditional discharge or disposition of
| ||||||
| 10 | supervision.
| ||||||
| 11 | (a) Except where specifically prohibited by other
| ||||||
| 12 | provisions of this Code, the court shall impose a sentence
of | ||||||
| 13 | probation or conditional discharge upon an offender
unless, | ||||||
| 14 | having regard to the nature and circumstance of
the offense, | ||||||
| 15 | and to the history, character and condition
of the offender, | ||||||
| 16 | the court is of the opinion that:
| ||||||
| 17 | (1) his imprisonment or periodic imprisonment is | ||||||
| 18 | necessary
for the protection of the public; or
| ||||||
| 19 | (2) probation or conditional discharge would deprecate
| ||||||
| 20 | the seriousness of the offender's conduct and would be
| ||||||
| 21 | inconsistent with the ends of justice; or
| ||||||
| 22 | (3) a combination of imprisonment with concurrent or | ||||||
| 23 | consecutive probation when an offender has been admitted | ||||||
| 24 | into a drug court program under Section 20 of the Drug | ||||||
| 25 | Court Treatment Act is necessary for the protection of the | ||||||
| 26 | public and for the rehabilitation of the offender.
| ||||||
| |||||||
| |||||||
| 1 | The court shall impose as a condition of a sentence of | ||||||
| 2 | probation,
conditional discharge, or supervision, that the | ||||||
| 3 | probation agency may invoke any
sanction from the list of | ||||||
| 4 | intermediate sanctions adopted by the chief judge of
the | ||||||
| 5 | circuit court for violations of the terms and conditions of the | ||||||
| 6 | sentence of
probation, conditional discharge, or supervision, | ||||||
| 7 | subject to the provisions of
Section 5-6-4 of this Act.
| ||||||
| 8 | (b) The court may impose a sentence of conditional
| ||||||
| 9 | discharge for an offense if the court is of the opinion
that | ||||||
| 10 | neither a sentence of imprisonment nor of periodic
imprisonment | ||||||
| 11 | nor of probation supervision is appropriate.
| ||||||
| 12 | (b-1) Subsections (a) and (b) of this Section do not apply | ||||||
| 13 | to a defendant charged with a misdemeanor or felony under the | ||||||
| 14 | Illinois Vehicle Code or reckless homicide under Section 9-3 of | ||||||
| 15 | the Criminal Code of 1961 or the Criminal Code of 2012 if the | ||||||
| 16 | defendant within the past 12 months has been convicted of or | ||||||
| 17 | pleaded guilty to a misdemeanor or felony under the Illinois | ||||||
| 18 | Vehicle Code or reckless homicide under Section 9-3 of the | ||||||
| 19 | Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
| 20 | (c) The court may, upon a plea of guilty or a stipulation
| ||||||
| 21 | by the defendant of the facts supporting the charge or a
| ||||||
| 22 | finding of guilt, defer further proceedings and the
imposition | ||||||
| 23 | of a sentence, and enter an order for supervision of the | ||||||
| 24 | defendant,
if the defendant is not charged with: (i) a Class A | ||||||
| 25 | misdemeanor, as
defined by the following provisions of the | ||||||
| 26 | Criminal Code of 1961 or the Criminal Code of 2012: Sections
| ||||||
| |||||||
| |||||||
| 1 | 11-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6; | ||||||
| 2 | 31-7; paragraphs (2) and (3) of subsection (a) of Section
21-1;
| ||||||
| 3 | paragraph (1) through (5), (8), (10), and (11) of subsection | ||||||
| 4 | (a) of Section
24-1; (ii) a Class A misdemeanor violation of | ||||||
| 5 | Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals | ||||||
| 6 | Act; or (iii)
a felony.
If the defendant
is not barred from | ||||||
| 7 | receiving an order for supervision as provided in this
| ||||||
| 8 | subsection, the court may enter an order for supervision after | ||||||
| 9 | considering the
circumstances of the offense, and the history,
| ||||||
| 10 | character and condition of the offender, if the court is of the | ||||||
| 11 | opinion
that:
| ||||||
| 12 | (1) the offender is not likely to commit further | ||||||
| 13 | crimes;
| ||||||
| 14 | (2) the defendant and the public would be best served | ||||||
| 15 | if the
defendant were not to receive a criminal record; and
| ||||||
| 16 | (3) in the best interests of justice an order of | ||||||
| 17 | supervision
is more appropriate than a sentence otherwise | ||||||
| 18 | permitted under this Code.
| ||||||
| 19 | (c-5) Subsections (a), (b), and (c) of this Section do not | ||||||
| 20 | apply to a defendant charged with a second or subsequent | ||||||
| 21 | violation of Section 6-303 of the Illinois Vehicle Code | ||||||
| 22 | committed while his or her driver's license, permit or | ||||||
| 23 | privileges were revoked because of a violation of Section 9-3 | ||||||
| 24 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
| 25 | relating to the offense of reckless homicide, or a similar | ||||||
| 26 | provision of a law of another state.
| ||||||
| |||||||
| |||||||
| 1 | (d) The provisions of paragraph (c) shall not apply to a | ||||||
| 2 | defendant charged
with violating Section 11-501 of the Illinois | ||||||
| 3 | Vehicle Code or a similar
provision of a local
ordinance when | ||||||
| 4 | the defendant has previously been:
| ||||||
| 5 | (1) convicted for a violation of Section 11-501 of
the | ||||||
| 6 | Illinois Vehicle
Code or a similar provision of a
local | ||||||
| 7 | ordinance or any similar law or ordinance of another state; | ||||||
| 8 | or
| ||||||
| 9 | (2) assigned supervision for a violation of Section | ||||||
| 10 | 11-501 of the Illinois
Vehicle Code or a similar provision | ||||||
| 11 | of a local ordinance or any similar law
or ordinance of | ||||||
| 12 | another state; or
| ||||||
| 13 | (3) pleaded guilty to or stipulated to the facts | ||||||
| 14 | supporting
a charge or a finding of guilty to a violation | ||||||
| 15 | of Section 11-503 of the
Illinois Vehicle Code or a similar | ||||||
| 16 | provision of a local ordinance or any
similar law or | ||||||
| 17 | ordinance of another state, and the
plea or stipulation was | ||||||
| 18 | the result of a plea agreement.
| ||||||
| 19 | The court shall consider the statement of the prosecuting
| ||||||
| 20 | authority with regard to the standards set forth in this | ||||||
| 21 | Section.
| ||||||
| 22 | (e) The provisions of paragraph (c) shall not apply to a | ||||||
| 23 | defendant
charged with violating Section 16-25 or 16A-3 of the | ||||||
| 24 | Criminal Code of 1961 or the Criminal Code of 2012 if said
| ||||||
| 25 | defendant has within the last 5 years been:
| ||||||
| 26 | (1) convicted for a violation of Section 16-25 or 16A-3 | ||||||
| |||||||
| |||||||
| 1 | of the Criminal Code of
1961 or the Criminal Code of 2012; | ||||||
| 2 | or
| ||||||
| 3 | (2) assigned supervision for a violation of Section | ||||||
| 4 | 16-25 or 16A-3 of the Criminal
Code of 1961 or the Criminal | ||||||
| 5 | Code of 2012.
| ||||||
| 6 | The court shall consider the statement of the prosecuting | ||||||
| 7 | authority with
regard to the standards set forth in this | ||||||
| 8 | Section.
| ||||||
| 9 | (f) The provisions of paragraph (c) shall not apply to a | ||||||
| 10 | defendant
charged with: (1) violating Sections 15-111, 15-112, | ||||||
| 11 | 15-301, paragraph (b)
of Section 6-104, Section 11-605, | ||||||
| 12 | paragraph (d-5) of Section 11-605.1, Section 11-1002.5, or | ||||||
| 13 | Section 11-1414
of the Illinois Vehicle Code or a similar | ||||||
| 14 | provision of a local ordinance; or (2) committing a Class A | ||||||
| 15 | misdemeanor under subsection (c) of Section 11-907 of the | ||||||
| 16 | Illinois Vehicle Code or a similar provision of a local | ||||||
| 17 | ordinance.
| ||||||
| 18 | (g) Except as otherwise provided in paragraph (i) of this | ||||||
| 19 | Section, the
provisions of paragraph (c) shall not apply to a
| ||||||
| 20 | defendant charged with violating Section
3-707, 3-708, 3-710, | ||||||
| 21 | or 5-401.3
of the Illinois Vehicle Code or a similar provision | ||||||
| 22 | of a local ordinance if the
defendant has within the last 5 | ||||||
| 23 | years been:
| ||||||
| 24 | (1) convicted for a violation of Section 3-707, 3-708, | ||||||
| 25 | 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | ||||||
| 26 | provision of a local
ordinance; or
| ||||||
| |||||||
| |||||||
| 1 | (2) assigned supervision for a violation of Section | ||||||
| 2 | 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle | ||||||
| 3 | Code or a similar provision of a local
ordinance.
| ||||||
| 4 | The court shall consider the statement of the prosecuting | ||||||
| 5 | authority with
regard to the standards set forth in this | ||||||
| 6 | Section.
| ||||||
| 7 | (h) The provisions of paragraph (c) shall not apply to a | ||||||
| 8 | defendant under
the age of 21 years charged with violating a | ||||||
| 9 | serious traffic offense as defined
in Section 1-187.001 of the | ||||||
| 10 | Illinois Vehicle Code:
| ||||||
| 11 | (1) unless the defendant, upon payment of the fines, | ||||||
| 12 | penalties, and costs
provided by law, agrees to attend and | ||||||
| 13 | successfully complete a traffic safety
program approved by | ||||||
| 14 | the court under standards set by the Conference of Chief
| ||||||
| 15 | Circuit Judges. The accused shall be responsible for | ||||||
| 16 | payment of any traffic
safety program fees. If the accused | ||||||
| 17 | fails to file a certificate of
successful completion on or | ||||||
| 18 | before the termination date of the supervision
order, the | ||||||
| 19 | supervision shall be summarily revoked and conviction | ||||||
| 20 | entered. The
provisions of Supreme Court Rule 402 relating | ||||||
| 21 | to pleas of guilty do not apply
in cases when a defendant | ||||||
| 22 | enters a guilty plea under this provision; or
| ||||||
| 23 | (2) if the defendant has previously been sentenced | ||||||
| 24 | under the provisions of
paragraph (c) on or after January | ||||||
| 25 | 1, 1998 for any serious traffic offense as
defined in | ||||||
| 26 | Section 1-187.001 of the Illinois Vehicle Code.
| ||||||
| |||||||
| |||||||
| 1 | (h-1) The provisions of paragraph (c) shall not apply to a | ||||||
| 2 | defendant under the age of 21 years charged with an offense | ||||||
| 3 | against traffic regulations governing the movement of vehicles | ||||||
| 4 | or any violation of Section 6-107 or Section 12-603.1 of the | ||||||
| 5 | Illinois Vehicle Code, unless the defendant, upon payment of | ||||||
| 6 | the fines, penalties, and costs provided by law, agrees to | ||||||
| 7 | attend and successfully complete a traffic safety program | ||||||
| 8 | approved by the court under standards set by the Conference of | ||||||
| 9 | Chief Circuit Judges. The accused shall be responsible for | ||||||
| 10 | payment of any traffic safety program fees. If the accused | ||||||
| 11 | fails to file a certificate of successful completion on or | ||||||
| 12 | before the termination date of the supervision order, the | ||||||
| 13 | supervision shall be summarily revoked and conviction entered. | ||||||
| 14 | The provisions of Supreme Court Rule 402 relating to pleas of | ||||||
| 15 | guilty do not apply in cases when a defendant enters a guilty | ||||||
| 16 | plea under this provision.
| ||||||
| 17 | (i) The provisions of paragraph (c) shall not apply to a | ||||||
| 18 | defendant charged
with violating Section 3-707 of the Illinois | ||||||
| 19 | Vehicle Code or a similar
provision of a local ordinance if the | ||||||
| 20 | defendant has been assigned supervision
for a violation of | ||||||
| 21 | Section 3-707 of the Illinois Vehicle Code or a similar
| ||||||
| 22 | provision of a local ordinance.
| ||||||
| 23 | (j) The provisions of paragraph (c) shall not apply to a
| ||||||
| 24 | defendant charged with violating
Section 6-303 of the Illinois | ||||||
| 25 | Vehicle Code or a similar provision of
a local ordinance when | ||||||
| 26 | the revocation or suspension was for a violation of
Section | ||||||
| |||||||
| |||||||
| 1 | 11-501 or a similar provision of a local ordinance or a | ||||||
| 2 | violation of
Section 11-501.1 or paragraph (b) of Section | ||||||
| 3 | 11-401 of the Illinois Vehicle
Code if the
defendant has within | ||||||
| 4 | the last 10 years been:
| ||||||
| 5 | (1) convicted for a violation of Section 6-303 of the | ||||||
| 6 | Illinois Vehicle
Code or a similar provision of a local | ||||||
| 7 | ordinance; or
| ||||||
| 8 | (2) assigned supervision for a violation of Section | ||||||
| 9 | 6-303 of the Illinois
Vehicle Code or a similar provision | ||||||
| 10 | of a local ordinance. | ||||||
| 11 | (k) The provisions of paragraph (c) shall not apply to a
| ||||||
| 12 | defendant charged with violating
any provision of the Illinois | ||||||
| 13 | Vehicle Code or a similar provision of a local ordinance that | ||||||
| 14 | governs the movement of vehicles if, within the 12 months | ||||||
| 15 | preceding the date of the defendant's arrest, the defendant has | ||||||
| 16 | been assigned court supervision on 2 occasions for a violation | ||||||
| 17 | that governs the movement of vehicles under the Illinois | ||||||
| 18 | Vehicle Code or a similar provision of a local ordinance.
The | ||||||
| 19 | provisions of this paragraph (k) do not apply to a defendant | ||||||
| 20 | charged with violating Section 11-501 of the Illinois Vehicle | ||||||
| 21 | Code or a similar provision of a local ordinance.
| ||||||
| 22 | (l) (Blank).
| ||||||
| 23 | (m) (Blank). | ||||||
| 24 | (n)
The provisions of paragraph (c) shall not apply to any | ||||||
| 25 | person under the age of 18 who commits an offense against | ||||||
| 26 | traffic regulations governing the movement of vehicles or any | ||||||
| |||||||
| |||||||
| 1 | violation of Section 6-107 or Section 12-603.1 of the Illinois | ||||||
| 2 | Vehicle Code, except upon personal appearance of the defendant | ||||||
| 3 | in court and upon the written consent of the defendant's parent | ||||||
| 4 | or legal guardian, executed before the presiding judge. The | ||||||
| 5 | presiding judge shall have the authority to waive this | ||||||
| 6 | requirement upon the showing of good cause by the defendant.
| ||||||
| 7 | (o)
The provisions of paragraph (c) shall not apply to a | ||||||
| 8 | defendant charged with violating Section 6-303 of the Illinois | ||||||
| 9 | Vehicle Code or a similar provision of a local ordinance when | ||||||
| 10 | the suspension was for a violation of Section 11-501.1 of the | ||||||
| 11 | Illinois Vehicle Code and when: | ||||||
| 12 | (1) at the time of the violation of Section 11-501.1 of | ||||||
| 13 | the Illinois Vehicle Code, the defendant was a first | ||||||
| 14 | offender pursuant to Section 11-500 of the Illinois Vehicle | ||||||
| 15 | Code and the defendant failed to obtain a monitoring device | ||||||
| 16 | driving permit; or | ||||||
| 17 | (2) at the time of the violation of Section 11-501.1 of | ||||||
| 18 | the Illinois Vehicle Code, the defendant was a first | ||||||
| 19 | offender pursuant to Section 11-500 of the Illinois Vehicle | ||||||
| 20 | Code, had subsequently obtained a monitoring device | ||||||
| 21 | driving permit, but was driving a vehicle not equipped with | ||||||
| 22 | a breath alcohol ignition interlock device as defined in | ||||||
| 23 | Section 1-129.1 of the Illinois Vehicle Code.
| ||||||
| 24 | (p) The provisions of paragraph (c) shall not apply to a | ||||||
| 25 | defendant charged with violating Section 11-601.5 of the | ||||||
| 26 | Illinois Vehicle Code or a similar provision of a local | ||||||
| |||||||
| |||||||
| 1 | ordinance when the defendant has previously been: | ||||||
| 2 | (1) convicted for a violation of Section 11-601.5 of | ||||||
| 3 | the Illinois Vehicle Code or a similar provision of a local | ||||||
| 4 | ordinance or any similar law or ordinance of another state; | ||||||
| 5 | or | ||||||
| 6 | (2) assigned supervision for a violation of Section | ||||||
| 7 | 11-601.5 of the Illinois Vehicle Code or a similar | ||||||
| 8 | provision of a local ordinance or any similar law or | ||||||
| 9 | ordinance of another state. | ||||||
| 10 | (q) The provisions of paragraph (c) shall not apply to a | ||||||
| 11 | defendant charged with violating subsection (b) of Section | ||||||
| 12 | 11-601 or Section 11-601.5 of the Illinois Vehicle Code when | ||||||
| 13 | the defendant was operating a vehicle, in an urban district, at | ||||||
| 14 | a speed that is 26 miles per hour or more in excess of the | ||||||
| 15 | applicable maximum speed limit established under Chapter 11 of | ||||||
| 16 | the Illinois Vehicle Code. | ||||||
| 17 | (r) The provisions of paragraph (c) shall not apply to a | ||||||
| 18 | defendant charged with violating any provision of the Illinois | ||||||
| 19 | Vehicle Code or a similar provision of a local ordinance if the | ||||||
| 20 | violation was the proximate cause of the death of another and | ||||||
| 21 | the defendant's driving abstract contains a prior conviction or | ||||||
| 22 | disposition of court supervision for any violation of the | ||||||
| 23 | Illinois Vehicle Code, other than an equipment violation, or a | ||||||
| 24 | suspension, revocation, or cancellation of the driver's | ||||||
| 25 | license. | ||||||
| 26 | (s) The provisions of paragraph (c) shall not apply to a | ||||||
| |||||||
| |||||||
| 1 | defendant charged
with violating subsection (i) of Section 70 | ||||||
| 2 | of the Firearm Concealed Carry Act. | ||||||
| 3 | (Source: P.A. 99-78, eff. 7-20-15; 99-212, eff. 1-1-16; | ||||||
| 4 | 100-987, eff. 7-1-19.)
| ||||||
| 5 | Section 95. No acceleration or delay. Where this Act makes | ||||||
| 6 | changes in a statute that is represented in this Act by text | ||||||
| 7 | that is not yet or no longer in effect (for example, a Section | ||||||
| 8 | represented by multiple versions), the use of that text does | ||||||
| 9 | not accelerate or delay the taking effect of (i) the changes | ||||||
| 10 | made by this Act or (ii) provisions derived from any other | ||||||
| 11 | Public Act.".
| ||||||