Bill Text: IL HB4235 | 2009-2010 | 96th General Assembly | Introduced
Bill Title: Amends the Unified Code of Corrections. Provides that a person charged with the offense of fleeing or attempting to elude a peace officer may not receive a disposition of supervision. Provides that a period of probation, a term of periodic imprisonment, or conditional discharge shall not be imposed for the offense of fleeing or attempting to elude a peace officer or for the offense of aggravated fleeing or attempting to elude a peace officer.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2009-03-13 - Rule 19(a) / Re-referred to Rules Committee [HB4235 Detail]
Download: Illinois-2009-HB4235-Introduced.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Unified Code of Corrections is amended by | ||||||||||||||||||||||||||
5 | changing Sections 5-5-3 and 5-6-1 as follows:
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6 | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
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7 | Sec. 5-5-3. Disposition.
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8 | (a) Except as provided in Section 11-501 of the Illinois | ||||||||||||||||||||||||||
9 | Vehicle Code, every person convicted of an offense shall be | ||||||||||||||||||||||||||
10 | sentenced as provided
in this Section.
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11 | (b) The following options shall be appropriate | ||||||||||||||||||||||||||
12 | dispositions, alone
or in combination, for all felonies and | ||||||||||||||||||||||||||
13 | misdemeanors other than those
identified in subsection (c) of | ||||||||||||||||||||||||||
14 | this Section:
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15 | (1) A period of probation.
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16 | (2) A term of periodic imprisonment.
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17 | (3) A term of conditional discharge.
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18 | (4) A term of imprisonment.
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19 | (5) An order directing the offender to clean up and | ||||||||||||||||||||||||||
20 | repair the
damage, if the offender was convicted under | ||||||||||||||||||||||||||
21 | paragraph (h) of Section
21-1 of the Criminal Code of 1961 | ||||||||||||||||||||||||||
22 | (now repealed).
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23 | (6) A fine.
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1 | (7) An order directing the offender to make restitution | ||||||
2 | to the
victim under Section 5-5-6 of this Code.
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3 | (8) A sentence of participation in a county impact | ||||||
4 | incarceration
program under Section 5-8-1.2 of this Code. | ||||||
5 | (9) A term of imprisonment in combination with a term | ||||||
6 | of probation when the offender has been admitted into a | ||||||
7 | drug court program under Section 20 of the Drug Court | ||||||
8 | Treatment Act.
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9 | Neither a fine nor restitution shall be the sole | ||||||
10 | disposition
for a felony and either or both may be imposed only | ||||||
11 | in conjunction with
another disposition.
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12 | (c) (1) When a defendant is found guilty of first degree | ||||||
13 | murder the
State may either seek a sentence of imprisonment | ||||||
14 | under Section 5-8-1 of
this Code, or where appropriate seek | ||||||
15 | a sentence of death under Section 9-1
of the Criminal Code | ||||||
16 | of 1961.
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17 | (2) A period of probation, a term of periodic | ||||||
18 | imprisonment or
conditional discharge shall not be imposed | ||||||
19 | for the following offenses.
The court shall sentence the | ||||||
20 | offender to not less than the minimum term
of imprisonment | ||||||
21 | set forth in this Code for the following offenses, and
may | ||||||
22 | order a fine or restitution or both in conjunction with | ||||||
23 | such term of
imprisonment:
| ||||||
24 | (A) First degree murder where the death penalty is | ||||||
25 | not imposed.
| ||||||
26 | (B) Attempted first degree murder.
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1 | (C) A Class X felony.
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2 | (D) A violation of Section 401.1 or 407 of the
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3 | Illinois Controlled Substances Act, or a violation of | ||||||
4 | subdivision (c)(1), (c)(1.5), or
(c)(2) of
Section 401 | ||||||
5 | of that Act which relates to more than 5 grams of a | ||||||
6 | substance
containing heroin, cocaine, fentanyl, or an | ||||||
7 | analog thereof.
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8 | (E) A violation of Section 5.1 or 9 of the Cannabis | ||||||
9 | Control
Act.
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10 | (F) A Class 2 or greater felony if the offender had | ||||||
11 | been convicted
of a Class 2 or greater felony within 10 | ||||||
12 | years of the date on which the
offender
committed the | ||||||
13 | offense for which he or she is being sentenced, except | ||||||
14 | as
otherwise provided in Section 40-10 of the | ||||||
15 | Alcoholism and Other Drug Abuse and
Dependency Act.
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16 | (F-5) A violation of Section 24-1, 24-1.1, or | ||||||
17 | 24-1.6 of the Criminal Code of 1961 for which | ||||||
18 | imprisonment is prescribed in those Sections.
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19 | (G) Residential burglary, except as otherwise | ||||||
20 | provided in Section 40-10
of the Alcoholism and Other | ||||||
21 | Drug Abuse and Dependency Act.
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22 | (H) Criminal sexual assault.
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23 | (I) Aggravated battery of a senior citizen.
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24 | (J) A forcible felony if the offense was related to | ||||||
25 | the activities of an
organized gang.
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26 | Before July 1, 1994, for the purposes of this |
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1 | paragraph, "organized
gang" means an association of 5 | ||||||
2 | or more persons, with an established hierarchy,
that | ||||||
3 | encourages members of the association to perpetrate | ||||||
4 | crimes or provides
support to the members of the | ||||||
5 | association who do commit crimes.
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6 | Beginning July 1, 1994, for the purposes of this | ||||||
7 | paragraph,
"organized gang" has the meaning ascribed | ||||||
8 | to it in Section 10 of the Illinois
Streetgang | ||||||
9 | Terrorism Omnibus Prevention Act.
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10 | (K) Vehicular hijacking.
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11 | (L) A second or subsequent conviction for the | ||||||
12 | offense of hate crime
when the underlying offense upon | ||||||
13 | which the hate crime is based is felony
aggravated
| ||||||
14 | assault or felony mob action.
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15 | (M) A second or subsequent conviction for the | ||||||
16 | offense of institutional
vandalism if the damage to the | ||||||
17 | property exceeds $300.
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18 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
19 | subsection (a) of
Section 2 of the Firearm Owners | ||||||
20 | Identification Card Act.
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21 | (O) A violation of Section 12-6.1 of the Criminal | ||||||
22 | Code of 1961.
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23 | (P) A violation of paragraph (1), (2), (3), (4), | ||||||
24 | (5), or (7) of
subsection (a)
of Section 11-20.1 of the | ||||||
25 | Criminal Code of 1961.
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26 | (Q) A violation of Section 20-1.2 or 20-1.3 of the |
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1 | Criminal Code of
1961.
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2 | (R) A violation of Section 24-3A of the Criminal | ||||||
3 | Code of
1961.
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4 | (S) (Blank).
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5 | (T) A second or subsequent violation of the | ||||||
6 | Methamphetamine Control and Community Protection Act.
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7 | (U) A second or subsequent violation of Section | ||||||
8 | 6-303 of the Illinois Vehicle Code committed while his | ||||||
9 | or her driver's license, permit, or privilege was | ||||||
10 | revoked because of a violation of Section 9-3 of the | ||||||
11 | Criminal Code of 1961, relating to the offense of | ||||||
12 | reckless homicide, or a similar provision of a law of | ||||||
13 | another state.
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14 | (V)
A violation of paragraph (4) of subsection (c) | ||||||
15 | of Section 11-20.3 of the Criminal Code of 1961. | ||||||
16 | (W) A violation of Section 24-3.5 of the Criminal | ||||||
17 | Code of 1961.
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18 | (X) A violation of Section 11-204 or 11-204.1 of | ||||||
19 | the Illinois Vehicle Code.
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20 | (3) (Blank).
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21 | (4) A minimum term of imprisonment of not less than 10
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22 | consecutive days or 30 days of community service shall be | ||||||
23 | imposed for a
violation of paragraph (c) of Section 6-303 | ||||||
24 | of the Illinois Vehicle Code.
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25 | (4.1) (Blank).
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26 | (4.2) Except as provided in paragraphs (4.3) and (4.8) |
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1 | of this subsection (c), a
minimum of
100 hours of community | ||||||
2 | service shall be imposed for a second violation of
Section | ||||||
3 | 6-303
of the Illinois Vehicle Code.
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4 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
5 | hours of community
service, as determined by the court, | ||||||
6 | shall
be imposed for a second violation of subsection (c) | ||||||
7 | of Section 6-303 of the
Illinois Vehicle Code.
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8 | (4.4) Except as provided in paragraphs
(4.5), (4.6), | ||||||
9 | and (4.9) of this
subsection (c), a
minimum term of | ||||||
10 | imprisonment of 30 days or 300 hours of community service, | ||||||
11 | as
determined by the court, shall
be imposed
for a third or | ||||||
12 | subsequent violation of Section 6-303 of the Illinois | ||||||
13 | Vehicle
Code.
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14 | (4.5) A minimum term of imprisonment of 30 days
shall | ||||||
15 | be imposed for a third violation of subsection (c) of
| ||||||
16 | Section 6-303 of the Illinois Vehicle Code.
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17 | (4.6) Except as provided in paragraph (4.10) of this | ||||||
18 | subsection (c), a minimum term of imprisonment of 180 days | ||||||
19 | shall be imposed for a
fourth or subsequent violation of | ||||||
20 | subsection (c) of Section 6-303 of the
Illinois Vehicle | ||||||
21 | Code.
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22 | (4.7) A minimum term of imprisonment of not less than | ||||||
23 | 30 consecutive days, or 300 hours of community service, | ||||||
24 | shall be imposed for a violation of subsection (a-5) of | ||||||
25 | Section 6-303 of the Illinois Vehicle Code, as provided in | ||||||
26 | subsection (b-5) of that Section.
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1 | (4.8) A mandatory prison sentence shall be imposed for | ||||||
2 | a second violation of subsection (a-5) of Section 6-303 of | ||||||
3 | the Illinois Vehicle Code, as provided in subsection (c-5) | ||||||
4 | of that Section. The person's driving privileges shall be | ||||||
5 | revoked for a period of not less than 5 years from the date | ||||||
6 | of his or her release from prison.
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7 | (4.9) A mandatory prison sentence of not less than 4 | ||||||
8 | and not more than 15 years shall be imposed for a third | ||||||
9 | violation of subsection (a-5) of Section 6-303 of the | ||||||
10 | Illinois Vehicle Code, as provided in subsection (d-2.5) of | ||||||
11 | that Section. The person's driving privileges shall be | ||||||
12 | revoked for the remainder of his or her life.
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13 | (4.10) A mandatory prison sentence for a Class 1 felony | ||||||
14 | shall be imposed, and the person shall be eligible for an | ||||||
15 | extended term sentence, for a fourth or subsequent | ||||||
16 | violation of subsection (a-5) of Section 6-303 of the | ||||||
17 | Illinois Vehicle Code, as provided in subsection (d-3.5) of | ||||||
18 | that Section. The person's driving privileges shall be | ||||||
19 | revoked for the remainder of his or her life.
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20 | (5) The court may sentence an offender convicted of a | ||||||
21 | business
offense or a petty offense or a corporation or | ||||||
22 | unincorporated
association convicted of any offense to:
| ||||||
23 | (A) a period of conditional discharge;
| ||||||
24 | (B) a fine;
| ||||||
25 | (C) make restitution to the victim under Section | ||||||
26 | 5-5-6 of this Code.
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1 | (5.1) In addition to any penalties imposed under | ||||||
2 | paragraph (5) of this
subsection (c), and except as | ||||||
3 | provided in paragraph (5.2) or (5.3), a person
convicted of | ||||||
4 | violating subsection (c) of Section 11-907 of the Illinois
| ||||||
5 | Vehicle Code shall have his or her driver's license, | ||||||
6 | permit, or privileges
suspended for at least 90 days but | ||||||
7 | not more than one year, if the violation
resulted in damage | ||||||
8 | to the property of another person.
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9 | (5.2) In addition to any penalties imposed under | ||||||
10 | paragraph (5) of this
subsection (c), and except as | ||||||
11 | provided in paragraph (5.3), a person convicted
of | ||||||
12 | violating subsection (c) of Section 11-907 of the Illinois | ||||||
13 | Vehicle Code
shall have his or her driver's license, | ||||||
14 | permit, or privileges suspended for at
least 180 days but | ||||||
15 | not more than 2 years, if the violation resulted in injury
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16 | to
another person.
| ||||||
17 | (5.3) In addition to any penalties imposed under | ||||||
18 | paragraph (5) of
this
subsection (c), a person convicted of | ||||||
19 | violating subsection (c) of Section
11-907 of the Illinois | ||||||
20 | Vehicle Code shall have his or her driver's license,
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21 | permit, or privileges suspended for 2 years, if the | ||||||
22 | violation resulted in the
death of another person.
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23 | (5.4) In addition to any penalties imposed under | ||||||
24 | paragraph (5) of this subsection (c), a person convicted of | ||||||
25 | violating Section 3-707 of the Illinois Vehicle Code shall | ||||||
26 | have his or her driver's license, permit, or privileges |
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1 | suspended for 3 months and until he or she has paid a | ||||||
2 | reinstatement fee of $100. | ||||||
3 | (5.5) In addition to any penalties imposed under | ||||||
4 | paragraph (5) of this subsection (c), a person convicted of | ||||||
5 | violating Section 3-707 of the Illinois Vehicle Code during | ||||||
6 | a period in which his or her driver's license, permit, or | ||||||
7 | privileges were suspended for a previous violation of that | ||||||
8 | Section shall have his or her driver's license, permit, or | ||||||
9 | privileges suspended for an additional 6 months after the | ||||||
10 | expiration of the original 3-month suspension and until he | ||||||
11 | or she has paid a reinstatement fee of $100.
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12 | (6) In no case shall an offender be eligible for a | ||||||
13 | disposition of
probation or conditional discharge for a | ||||||
14 | Class 1 felony committed while
he was serving a term of | ||||||
15 | probation or conditional discharge for a felony.
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16 | (7) When a defendant is adjudged a habitual criminal | ||||||
17 | under Article
33B of the Criminal Code of 1961, the court | ||||||
18 | shall sentence
the defendant to a term of natural life | ||||||
19 | imprisonment.
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20 | (8) When a defendant, over the age of 21 years, is | ||||||
21 | convicted of a
Class 1 or Class 2 felony, after having | ||||||
22 | twice been convicted
in any state or
federal court of an | ||||||
23 | offense that contains the same elements as an offense now
| ||||||
24 | classified in Illinois as a Class 2 or greater Class felony
| ||||||
25 | and such charges are
separately brought and tried and arise | ||||||
26 | out of different series of acts,
such defendant shall be |
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1 | sentenced as a Class X offender. This paragraph
shall not | ||||||
2 | apply unless (1) the first felony was committed after the
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3 | effective date of this amendatory Act of 1977; and (2) the | ||||||
4 | second felony
was committed after conviction on the first; | ||||||
5 | and (3) the third felony
was committed after conviction on | ||||||
6 | the second.
A person sentenced as a Class X offender under | ||||||
7 | this paragraph is not
eligible to apply for treatment as a | ||||||
8 | condition of probation as provided by
Section 40-10 of the | ||||||
9 | Alcoholism and Other Drug Abuse and Dependency Act.
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10 | (9) A defendant convicted of a second or subsequent | ||||||
11 | offense of ritualized
abuse of a child may be sentenced to | ||||||
12 | a term of natural life imprisonment.
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13 | (10) (Blank).
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14 | (11) The court shall impose a minimum fine of $1,000 | ||||||
15 | for a first offense
and $2,000 for a second or subsequent | ||||||
16 | offense upon a person convicted of or
placed on supervision | ||||||
17 | for battery when the individual harmed was a sports
| ||||||
18 | official or coach at any level of competition and the act | ||||||
19 | causing harm to the
sports
official or coach occurred | ||||||
20 | within an athletic facility or within the immediate | ||||||
21 | vicinity
of the athletic facility at which the sports | ||||||
22 | official or coach was an active
participant
of the athletic | ||||||
23 | contest held at the athletic facility. For the purposes of
| ||||||
24 | this paragraph (11), "sports official" means a person at an | ||||||
25 | athletic contest
who enforces the rules of the contest, | ||||||
26 | such as an umpire or referee; "athletic facility" means an |
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1 | indoor or outdoor playing field or recreational area where | ||||||
2 | sports activities are conducted;
and "coach" means a person | ||||||
3 | recognized as a coach by the sanctioning
authority that | ||||||
4 | conducted the sporting event. | ||||||
5 | (12) A person may not receive a disposition of court | ||||||
6 | supervision for a
violation of Section 5-16 of the Boat | ||||||
7 | Registration and Safety Act if that
person has previously | ||||||
8 | received a disposition of court supervision for a
violation | ||||||
9 | of that Section.
| ||||||
10 | (13) A person convicted of or placed on court | ||||||
11 | supervision for an assault or aggravated assault when the | ||||||
12 | victim and the offender are family or household members as | ||||||
13 | defined in Section 103 of the Illinois Domestic Violence | ||||||
14 | Act of 1986 or convicted of domestic battery or aggravated | ||||||
15 | domestic battery may be required to attend a Partner Abuse | ||||||
16 | Intervention Program under protocols set forth by the | ||||||
17 | Illinois Department of Human Services under such terms and | ||||||
18 | conditions imposed by the court. The costs of such classes | ||||||
19 | shall be paid by the offender.
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20 | (d) In any case in which a sentence originally imposed is | ||||||
21 | vacated,
the case shall be remanded to the trial court. The | ||||||
22 | trial court shall
hold a hearing under Section 5-4-1 of the | ||||||
23 | Unified Code of Corrections
which may include evidence of the | ||||||
24 | defendant's life, moral character and
occupation during the | ||||||
25 | time since the original sentence was passed. The
trial court | ||||||
26 | shall then impose sentence upon the defendant. The trial
court |
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1 | may impose any sentence which could have been imposed at the
| ||||||
2 | original trial subject to Section 5-5-4 of the Unified Code of | ||||||
3 | Corrections.
If a sentence is vacated on appeal or on | ||||||
4 | collateral attack due to the
failure of the trier of fact at | ||||||
5 | trial to determine beyond a reasonable doubt
the
existence of a | ||||||
6 | fact (other than a prior conviction) necessary to increase the
| ||||||
7 | punishment for the offense beyond the statutory maximum | ||||||
8 | otherwise applicable,
either the defendant may be re-sentenced | ||||||
9 | to a term within the range otherwise
provided or, if the State | ||||||
10 | files notice of its intention to again seek the
extended | ||||||
11 | sentence, the defendant shall be afforded a new trial.
| ||||||
12 | (e) In cases where prosecution for
aggravated criminal | ||||||
13 | sexual abuse under Section 12-16 of the
Criminal Code of 1961 | ||||||
14 | results in conviction of a defendant
who was a family member of | ||||||
15 | the victim at the time of the commission of the
offense, the | ||||||
16 | court shall consider the safety and welfare of the victim and
| ||||||
17 | may impose a sentence of probation only where:
| ||||||
18 | (1) the court finds (A) or (B) or both are appropriate:
| ||||||
19 | (A) the defendant is willing to undergo a court | ||||||
20 | approved counseling
program for a minimum duration of 2 | ||||||
21 | years; or
| ||||||
22 | (B) the defendant is willing to participate in a | ||||||
23 | court approved plan
including but not limited to the | ||||||
24 | defendant's:
| ||||||
25 | (i) removal from the household;
| ||||||
26 | (ii) restricted contact with the victim;
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| |||||||
1 | (iii) continued financial support of the | ||||||
2 | family;
| ||||||
3 | (iv) restitution for harm done to the victim; | ||||||
4 | and
| ||||||
5 | (v) compliance with any other measures that | ||||||
6 | the court may
deem appropriate; and
| ||||||
7 | (2) the court orders the defendant to pay for the | ||||||
8 | victim's counseling
services, to the extent that the court | ||||||
9 | finds, after considering the
defendant's income and | ||||||
10 | assets, that the defendant is financially capable of
paying | ||||||
11 | for such services, if the victim was under 18 years of age | ||||||
12 | at the
time the offense was committed and requires | ||||||
13 | counseling as a result of the
offense.
| ||||||
14 | Probation may be revoked or modified pursuant to Section | ||||||
15 | 5-6-4; except
where the court determines at the hearing that | ||||||
16 | the defendant violated a
condition of his or her probation | ||||||
17 | restricting contact with the victim or
other family members or | ||||||
18 | commits another offense with the victim or other
family | ||||||
19 | members, the court shall revoke the defendant's probation and
| ||||||
20 | impose a term of imprisonment.
| ||||||
21 | For the purposes of this Section, "family member" and | ||||||
22 | "victim" shall have
the meanings ascribed to them in Section | ||||||
23 | 12-12 of the Criminal Code of
1961.
| ||||||
24 | (f) This Article shall not deprive a court in other | ||||||
25 | proceedings to
order a forfeiture of property, to suspend or | ||||||
26 | cancel a license, to
remove a person from office, or to impose |
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1 | any other civil penalty.
| ||||||
2 | (g) Whenever a defendant is convicted of an offense under | ||||||
3 | Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | ||||||
4 | 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 | ||||||
5 | of the Criminal Code of 1961,
the defendant shall undergo | ||||||
6 | medical testing to
determine whether the defendant has any | ||||||
7 | sexually transmissible disease,
including a test for infection | ||||||
8 | with human immunodeficiency virus (HIV) or
any other identified | ||||||
9 | causative agent of acquired immunodeficiency syndrome
(AIDS). | ||||||
10 | Any such medical test shall be performed only by appropriately
| ||||||
11 | licensed medical practitioners and may include an analysis of | ||||||
12 | any bodily
fluids as well as an examination of the defendant's | ||||||
13 | person.
Except as otherwise provided by law, the results of | ||||||
14 | such test shall be kept
strictly confidential by all medical | ||||||
15 | personnel involved in the testing and must
be personally | ||||||
16 | delivered in a sealed envelope to the judge of the court in | ||||||
17 | which
the conviction was entered for the judge's inspection in | ||||||
18 | camera. Acting in
accordance with the best interests of the | ||||||
19 | victim and the public, the judge
shall have the discretion to | ||||||
20 | determine to whom, if anyone, the results of the
testing may be | ||||||
21 | revealed. The court shall notify the defendant
of the test | ||||||
22 | results. The court shall
also notify the victim if requested by | ||||||
23 | the victim, and if the victim is under
the age of 15 and if | ||||||
24 | requested by the victim's parents or legal guardian, the
court | ||||||
25 | shall notify the victim's parents or legal guardian of the test
| ||||||
26 | results.
The court shall provide information on the |
| |||||||
| |||||||
1 | availability of HIV testing
and counseling at Department of | ||||||
2 | Public Health facilities to all parties to
whom the results of | ||||||
3 | the testing are revealed and shall direct the State's
Attorney | ||||||
4 | to provide the information to the victim when possible.
A | ||||||
5 | State's Attorney may petition the court to obtain the results | ||||||
6 | of any HIV test
administered under this Section, and the court | ||||||
7 | shall grant the disclosure if
the State's Attorney shows it is | ||||||
8 | relevant in order to prosecute a charge of
criminal | ||||||
9 | transmission of HIV under Section 12-16.2 of the Criminal Code | ||||||
10 | of 1961
against the defendant. The court shall order that the | ||||||
11 | cost of any such test
shall be paid by the county and may be | ||||||
12 | taxed as costs against the convicted
defendant.
| ||||||
13 | (g-5) When an inmate is tested for an airborne communicable | ||||||
14 | disease, as
determined by the Illinois Department of Public | ||||||
15 | Health including but not
limited to tuberculosis, the results | ||||||
16 | of the test shall be
personally delivered by the warden or his | ||||||
17 | or her designee in a sealed envelope
to the judge of the court | ||||||
18 | in which the inmate must appear for the judge's
inspection in | ||||||
19 | camera if requested by the judge. Acting in accordance with the
| ||||||
20 | best interests of those in the courtroom, the judge shall have | ||||||
21 | the discretion
to determine what if any precautions need to be | ||||||
22 | taken to prevent transmission
of the disease in the courtroom.
| ||||||
23 | (h) Whenever a defendant is convicted of an offense under | ||||||
24 | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||||||
25 | defendant shall undergo
medical testing to determine whether | ||||||
26 | the defendant has been exposed to human
immunodeficiency virus |
| |||||||
| |||||||
1 | (HIV) or any other identified causative agent of
acquired | ||||||
2 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
3 | by
law, the results of such test shall be kept strictly | ||||||
4 | confidential by all
medical personnel involved in the testing | ||||||
5 | and must be personally delivered in a
sealed envelope to the | ||||||
6 | judge of the court in which the conviction was entered
for the | ||||||
7 | judge's inspection in camera. Acting in accordance with the | ||||||
8 | best
interests of the public, the judge shall have the | ||||||
9 | discretion to determine to
whom, if anyone, the results of the | ||||||
10 | testing may be revealed. The court shall
notify the defendant | ||||||
11 | of a positive test showing an infection with the human
| ||||||
12 | immunodeficiency virus (HIV). The court shall provide | ||||||
13 | information on the
availability of HIV testing and counseling | ||||||
14 | at Department of Public Health
facilities to all parties to | ||||||
15 | whom the results of the testing are revealed and
shall direct | ||||||
16 | the State's Attorney to provide the information to the victim | ||||||
17 | when
possible. A State's Attorney may petition the court to | ||||||
18 | obtain the results of
any HIV test administered under this | ||||||
19 | Section, and the court shall grant the
disclosure if the | ||||||
20 | State's Attorney shows it is relevant in order to prosecute a
| ||||||
21 | charge of criminal transmission of HIV under Section 12-16.2 of | ||||||
22 | the Criminal
Code of 1961 against the defendant. The court | ||||||
23 | shall order that the cost of any
such test shall be paid by the | ||||||
24 | county and may be taxed as costs against the
convicted | ||||||
25 | defendant.
| ||||||
26 | (i) All fines and penalties imposed under this Section for |
| |||||||
| |||||||
1 | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
2 | Vehicle Code, or a similar
provision of a local ordinance, and | ||||||
3 | any violation
of the Child Passenger Protection Act, or a | ||||||
4 | similar provision of a local
ordinance, shall be collected and | ||||||
5 | disbursed by the circuit
clerk as provided under Section 27.5 | ||||||
6 | of the Clerks of Courts Act.
| ||||||
7 | (j) In cases when prosecution for any violation of Section | ||||||
8 | 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, | ||||||
9 | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
10 | 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal | ||||||
11 | Code of 1961, any violation of the Illinois Controlled | ||||||
12 | Substances Act,
any violation of the Cannabis Control Act, or | ||||||
13 | any violation of the Methamphetamine Control and Community | ||||||
14 | Protection Act results in conviction, a
disposition of court | ||||||
15 | supervision, or an order of probation granted under
Section 10 | ||||||
16 | of the Cannabis Control Act, Section 410 of the Illinois
| ||||||
17 | Controlled Substance Act, or Section 70 of the Methamphetamine | ||||||
18 | Control and Community Protection Act of a defendant, the court | ||||||
19 | shall determine whether the
defendant is employed by a facility | ||||||
20 | or center as defined under the Child Care
Act of 1969, a public | ||||||
21 | or private elementary or secondary school, or otherwise
works | ||||||
22 | with children under 18 years of age on a daily basis. When a | ||||||
23 | defendant
is so employed, the court shall order the Clerk of | ||||||
24 | the Court to send a copy of
the judgment of conviction or order | ||||||
25 | of supervision or probation to the
defendant's employer by | ||||||
26 | certified mail.
If the employer of the defendant is a school, |
| |||||||
| |||||||
1 | the Clerk of the Court shall
direct the mailing of a copy of | ||||||
2 | the judgment of conviction or order of
supervision or probation | ||||||
3 | to the appropriate regional superintendent of schools.
The | ||||||
4 | regional superintendent of schools shall notify the State Board | ||||||
5 | of
Education of any notification under this subsection.
| ||||||
6 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
7 | of a felony and
who has not been previously convicted of a | ||||||
8 | misdemeanor or felony and who is
sentenced to a term of | ||||||
9 | imprisonment in the Illinois Department of Corrections
shall as | ||||||
10 | a condition of his or her sentence be required by the court to | ||||||
11 | attend
educational courses designed to prepare the defendant | ||||||
12 | for a high school diploma
and to work toward a high school | ||||||
13 | diploma or to work toward passing the high
school level Test of | ||||||
14 | General Educational Development (GED) or to work toward
| ||||||
15 | completing a vocational training program offered by the | ||||||
16 | Department of
Corrections. If a defendant fails to complete the | ||||||
17 | educational training
required by his or her sentence during the | ||||||
18 | term of incarceration, the Prisoner
Review Board shall, as a | ||||||
19 | condition of mandatory supervised release, require the
| ||||||
20 | defendant, at his or her own expense, to pursue a course of | ||||||
21 | study toward a high
school diploma or passage of the GED test. | ||||||
22 | The Prisoner Review Board shall
revoke the mandatory supervised | ||||||
23 | release of a defendant who wilfully fails to
comply with this | ||||||
24 | subsection (j-5) upon his or her release from confinement in a
| ||||||
25 | penal institution while serving a mandatory supervised release | ||||||
26 | term; however,
the inability of the defendant after making a |
| |||||||
| |||||||
1 | good faith effort to obtain
financial aid or pay for the | ||||||
2 | educational training shall not be deemed a wilful
failure to | ||||||
3 | comply. The Prisoner Review Board shall recommit the defendant
| ||||||
4 | whose mandatory supervised release term has been revoked under | ||||||
5 | this subsection
(j-5) as provided in Section 3-3-9. This | ||||||
6 | subsection (j-5) does not apply to a
defendant who has a high | ||||||
7 | school diploma or has successfully passed the GED
test. This | ||||||
8 | subsection (j-5) does not apply to a defendant who is | ||||||
9 | determined by
the court to be developmentally disabled or | ||||||
10 | otherwise mentally incapable of
completing the educational or | ||||||
11 | vocational program.
| ||||||
12 | (k) A court may not impose a sentence or disposition for a
| ||||||
13 | felony or misdemeanor that requires the defendant to be | ||||||
14 | implanted or injected
with or to use any form of birth control.
| ||||||
15 | (l) (A) Except as provided
in paragraph (C) of subsection | ||||||
16 | (l), whenever a defendant,
who is an alien as defined by | ||||||
17 | the Immigration and Nationality Act, is convicted
of any | ||||||
18 | felony or misdemeanor offense, the court after sentencing | ||||||
19 | the defendant
may, upon motion of the State's Attorney, | ||||||
20 | hold sentence in abeyance and remand
the defendant to the | ||||||
21 | custody of the Attorney General of
the United States or his | ||||||
22 | or her designated agent to be deported when:
| ||||||
23 | (1) a final order of deportation has been issued | ||||||
24 | against the defendant
pursuant to proceedings under | ||||||
25 | the Immigration and Nationality Act, and
| ||||||
26 | (2) the deportation of the defendant would not |
| |||||||
| |||||||
1 | deprecate the seriousness
of the defendant's conduct | ||||||
2 | and would not be inconsistent with the ends of
justice.
| ||||||
3 | Otherwise, the defendant shall be sentenced as | ||||||
4 | provided in this Chapter V.
| ||||||
5 | (B) If the defendant has already been sentenced for a | ||||||
6 | felony or
misdemeanor
offense, or has been placed on | ||||||
7 | probation under Section 10 of the Cannabis
Control Act,
| ||||||
8 | Section 410 of the Illinois Controlled Substances Act, or | ||||||
9 | Section 70 of the Methamphetamine Control and Community | ||||||
10 | Protection Act, the court
may, upon motion of the State's | ||||||
11 | Attorney to suspend the
sentence imposed, commit the | ||||||
12 | defendant to the custody of the Attorney General
of the | ||||||
13 | United States or his or her designated agent when:
| ||||||
14 | (1) a final order of deportation has been issued | ||||||
15 | against the defendant
pursuant to proceedings under | ||||||
16 | the Immigration and Nationality Act, and
| ||||||
17 | (2) the deportation of the defendant would not | ||||||
18 | deprecate the seriousness
of the defendant's conduct | ||||||
19 | and would not be inconsistent with the ends of
justice.
| ||||||
20 | (C) This subsection (l) does not apply to offenders who | ||||||
21 | are subject to the
provisions of paragraph (2) of | ||||||
22 | subsection (a) of Section 3-6-3.
| ||||||
23 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
24 | sentenced under
this Section returns to the jurisdiction of | ||||||
25 | the United States, the defendant
shall be recommitted to | ||||||
26 | the custody of the county from which he or she was
|
| |||||||
| |||||||
1 | sentenced.
Thereafter, the defendant shall be brought | ||||||
2 | before the sentencing court, which
may impose any sentence | ||||||
3 | that was available under Section 5-5-3 at the time of
| ||||||
4 | initial sentencing. In addition, the defendant shall not be | ||||||
5 | eligible for
additional good conduct credit for | ||||||
6 | meritorious service as provided under
Section 3-6-6.
| ||||||
7 | (m) A person convicted of criminal defacement of property | ||||||
8 | under Section
21-1.3 of the Criminal Code of 1961, in which the | ||||||
9 | property damage exceeds $300
and the property damaged is a | ||||||
10 | school building, shall be ordered to perform
community service | ||||||
11 | that may include cleanup, removal, or painting over the
| ||||||
12 | defacement.
| ||||||
13 | (n) The court may sentence a person convicted of a | ||||||
14 | violation of Section
12-19, 12-21, or 16-1.3 of the Criminal | ||||||
15 | Code of 1961 (i) to an impact
incarceration program if the | ||||||
16 | person is otherwise eligible for that program
under Section | ||||||
17 | 5-8-1.1, (ii) to community service, or (iii) if the person is | ||||||
18 | an
addict or alcoholic, as defined in the Alcoholism and Other | ||||||
19 | Drug Abuse and
Dependency Act, to a substance or alcohol abuse | ||||||
20 | program licensed under that
Act. | ||||||
21 | (o) Whenever a person is convicted of a sex offense as | ||||||
22 | defined in Section 2 of the Sex Offender Registration Act, the | ||||||
23 | defendant's driver's license or permit shall be subject to | ||||||
24 | renewal on an annual basis in accordance with the provisions of | ||||||
25 | license renewal established by the Secretary of State.
| ||||||
26 | (Source: P.A. 94-72, eff. 1-1-06; 94-556, eff. 9-11-05; 94-993, |
| |||||||
| |||||||
1 | eff. 1-1-07; 94-1035, eff. 7-1-07; 95-188, eff. 8-16-07; | ||||||
2 | 95-259, eff. 8-17-07; 95-331, eff. 8-21-07; 95-377, eff. | ||||||
3 | 1-1-08; 95-579, eff. 6-1-08; 95-876, eff. 8-21-08; 95-882, eff. | ||||||
4 | 1-1-09.)
| ||||||
5 | (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
| ||||||
6 | Sec. 5-6-1. Sentences of Probation and of Conditional
| ||||||
7 | Discharge and Disposition of Supervision.
The General Assembly | ||||||
8 | finds that in order to protect the public, the
criminal justice | ||||||
9 | system must compel compliance with the conditions of probation
| ||||||
10 | by responding to violations with swift, certain and fair | ||||||
11 | punishments and
intermediate sanctions. The Chief Judge of each | ||||||
12 | circuit shall adopt a system of
structured, intermediate | ||||||
13 | sanctions for violations of the terms and conditions
of a | ||||||
14 | sentence of probation, conditional discharge or disposition of
| ||||||
15 | supervision.
| ||||||
16 | (a) Except where specifically prohibited by other
| ||||||
17 | provisions of this Code, the court shall impose a sentence
of | ||||||
18 | probation or conditional discharge upon an offender
unless, | ||||||
19 | having regard to the nature and circumstance of
the offense, | ||||||
20 | and to the history, character and condition
of the offender, | ||||||
21 | the court is of the opinion that:
| ||||||
22 | (1) his imprisonment or periodic imprisonment is | ||||||
23 | necessary
for the protection of the public; or
| ||||||
24 | (2) probation or conditional discharge would deprecate
| ||||||
25 | the seriousness of the offender's conduct and would be
|
| |||||||
| |||||||
1 | inconsistent with the ends of justice; or
| ||||||
2 | (3) a combination of imprisonment with concurrent or | ||||||
3 | consecutive probation when an offender has been admitted | ||||||
4 | into a drug court program under Section 20 of the Drug | ||||||
5 | Court Treatment Act is necessary for the protection of the | ||||||
6 | public and for the rehabilitation of the offender.
| ||||||
7 | The court shall impose as a condition of a sentence of | ||||||
8 | probation,
conditional discharge, or supervision, that the | ||||||
9 | probation agency may invoke any
sanction from the list of | ||||||
10 | intermediate sanctions adopted by the chief judge of
the | ||||||
11 | circuit court for violations of the terms and conditions of the | ||||||
12 | sentence of
probation, conditional discharge, or supervision, | ||||||
13 | subject to the provisions of
Section 5-6-4 of this Act.
| ||||||
14 | (b) The court may impose a sentence of conditional
| ||||||
15 | discharge for an offense if the court is of the opinion
that | ||||||
16 | neither a sentence of imprisonment nor of periodic
imprisonment | ||||||
17 | nor of probation supervision is appropriate.
| ||||||
18 | (b-1) Subsections (a) and (b) of this Section do not apply | ||||||
19 | to a defendant charged with a misdemeanor or felony under the | ||||||
20 | Illinois Vehicle Code or reckless homicide under Section 9-3 of | ||||||
21 | the Criminal Code of 1961 if the defendant within the past 12 | ||||||
22 | months has been convicted of or pleaded guilty to a misdemeanor | ||||||
23 | or felony under the Illinois Vehicle Code or reckless homicide | ||||||
24 | under Section 9-3 of the Criminal Code of 1961. | ||||||
25 | (c) The court may, upon a plea of guilty or a stipulation
| ||||||
26 | by the defendant of the facts supporting the charge or a
|
| |||||||
| |||||||
1 | finding of guilt, defer further proceedings and the
imposition | ||||||
2 | of a sentence, and enter an order for supervision of the | ||||||
3 | defendant,
if the defendant is not charged with: (i) a Class A | ||||||
4 | misdemeanor, as
defined by the following provisions of the | ||||||
5 | Criminal Code of 1961: Sections
11-9.1; 12-3.2; 12-15; 26-5; | ||||||
6 | 31-1; 31-6; 31-7; subsections (b) and (c) of Section
21-1;
| ||||||
7 | paragraph (1) through (5), (8), (10), and (11) of subsection | ||||||
8 | (a) of Section
24-1; (ii) a Class A misdemeanor violation of | ||||||
9 | Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals | ||||||
10 | Act; or (iii)
a Class A misdemeanor violation of Section 11-204 | ||||||
11 | of the Illinois Vehicle Code; or (iv) a felony.
If the | ||||||
12 | defendant
is not barred from receiving an order for supervision | ||||||
13 | as provided in this
subsection, the court may enter an order | ||||||
14 | for supervision after considering the
circumstances of the | ||||||
15 | offense, and the history,
character and condition of the | ||||||
16 | offender, if the court is of the opinion
that:
| ||||||
17 | (1) the offender is not likely to commit further | ||||||
18 | crimes;
| ||||||
19 | (2) the defendant and the public would be best served | ||||||
20 | if the
defendant were not to receive a criminal record; and
| ||||||
21 | (3) in the best interests of justice an order of | ||||||
22 | supervision
is more appropriate than a sentence otherwise | ||||||
23 | permitted under this Code.
| ||||||
24 | (c-5) Subsections (a), (b), and (c) of this Section do not | ||||||
25 | apply to a defendant charged with a second or subsequent | ||||||
26 | violation of Section 6-303 of the Illinois Vehicle Code |
| |||||||
| |||||||
1 | committed while his or her driver's license, permit or | ||||||
2 | privileges were revoked because of a violation of Section 9-3 | ||||||
3 | of the Criminal Code of 1961, relating to the offense of | ||||||
4 | reckless homicide, or a similar provision of a law of another | ||||||
5 | state.
| ||||||
6 | (d) The provisions of paragraph (c) shall not apply to a | ||||||
7 | defendant charged
with violating Section 11-501 of the Illinois | ||||||
8 | Vehicle Code or a similar
provision of a local
ordinance when | ||||||
9 | the defendant has previously been:
| ||||||
10 | (1) convicted for a violation of Section 11-501 of
the | ||||||
11 | Illinois Vehicle
Code or a similar provision of a
local | ||||||
12 | ordinance or any similar law or ordinance of another state; | ||||||
13 | or
| ||||||
14 | (2) assigned supervision for a violation of Section | ||||||
15 | 11-501 of the Illinois
Vehicle Code or a similar provision | ||||||
16 | of a local ordinance or any similar law
or ordinance of | ||||||
17 | another state; or
| ||||||
18 | (3) pleaded guilty to or stipulated to the facts | ||||||
19 | supporting
a charge or a finding of guilty to a violation | ||||||
20 | of Section 11-503 of the
Illinois Vehicle Code or a similar | ||||||
21 | provision of a local ordinance or any
similar law or | ||||||
22 | ordinance of another state, and the
plea or stipulation was | ||||||
23 | the result of a plea agreement.
| ||||||
24 | The court shall consider the statement of the prosecuting
| ||||||
25 | authority with regard to the standards set forth in this | ||||||
26 | Section.
|
| |||||||
| |||||||
1 | (e) The provisions of paragraph (c) shall not apply to a | ||||||
2 | defendant
charged with violating Section 16A-3 of the Criminal | ||||||
3 | Code of 1961 if said
defendant has within the last 5 years | ||||||
4 | been:
| ||||||
5 | (1) convicted for a violation of Section 16A-3 of the | ||||||
6 | Criminal Code of
1961; or
| ||||||
7 | (2) assigned supervision for a violation of Section | ||||||
8 | 16A-3 of the Criminal
Code of 1961.
| ||||||
9 | The court shall consider the statement of the prosecuting | ||||||
10 | authority with
regard to the standards set forth in this | ||||||
11 | Section.
| ||||||
12 | (f) The provisions of paragraph (c) shall not apply to a | ||||||
13 | defendant
charged with violating Sections 15-111, 15-112, | ||||||
14 | 15-301, paragraph (b)
of Section 6-104, Section 11-605, Section | ||||||
15 | 11-1002.5, or Section 11-1414
of the Illinois Vehicle Code or a | ||||||
16 | similar provision of a local ordinance.
| ||||||
17 | (g) Except as otherwise provided in paragraph (i) of this | ||||||
18 | Section, the
provisions of paragraph (c) shall not apply to a
| ||||||
19 | defendant charged with violating Section
3-707, 3-708, 3-710, | ||||||
20 | or 5-401.3
of the Illinois Vehicle Code or a similar provision | ||||||
21 | of a local ordinance if the
defendant has within the last 5 | ||||||
22 | years been:
| ||||||
23 | (1) convicted for a violation of Section 3-707, 3-708, | ||||||
24 | 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | ||||||
25 | provision of a local
ordinance; or
| ||||||
26 | (2) assigned supervision for a violation of Section |
| |||||||
| |||||||
1 | 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle | ||||||
2 | Code or a similar provision of a local
ordinance.
| ||||||
3 | The court shall consider the statement of the prosecuting | ||||||
4 | authority with
regard to the standards set forth in this | ||||||
5 | Section.
| ||||||
6 | (h) The provisions of paragraph (c) shall not apply to a | ||||||
7 | defendant under
the age of 21 years charged with violating a | ||||||
8 | serious traffic offense as defined
in Section 1-187.001 of the | ||||||
9 | Illinois Vehicle Code:
| ||||||
10 | (1) unless the defendant, upon payment of the fines, | ||||||
11 | penalties, and costs
provided by law, agrees to attend and | ||||||
12 | successfully complete a traffic safety
program approved by | ||||||
13 | the court under standards set by the Conference of Chief
| ||||||
14 | Circuit Judges. The accused shall be responsible for | ||||||
15 | payment of any traffic
safety program fees. If the accused | ||||||
16 | fails to file a certificate of
successful completion on or | ||||||
17 | before the termination date of the supervision
order, the | ||||||
18 | supervision shall be summarily revoked and conviction | ||||||
19 | entered. The
provisions of Supreme Court Rule 402 relating | ||||||
20 | to pleas of guilty do not apply
in cases when a defendant | ||||||
21 | enters a guilty plea under this provision; or
| ||||||
22 | (2) if the defendant has previously been sentenced | ||||||
23 | under the provisions of
paragraph (c) on or after January | ||||||
24 | 1, 1998 for any serious traffic offense as
defined in | ||||||
25 | Section 1-187.001 of the Illinois Vehicle Code.
| ||||||
26 | (h-1) The provisions of paragraph (c) shall not apply to a |
| |||||||
| |||||||
1 | defendant under the age of 21 years charged with an offense | ||||||
2 | against traffic regulations governing the movement of vehicles | ||||||
3 | or any violation of Section 6-107 or Section 12-603.1 of the | ||||||
4 | Illinois Vehicle Code, unless the defendant, upon payment of | ||||||
5 | the fines, penalties, and costs provided by law, agrees to | ||||||
6 | attend and successfully complete a traffic safety program | ||||||
7 | approved by the court under standards set by the Conference of | ||||||
8 | Chief Circuit Judges. The accused shall be responsible for | ||||||
9 | payment of any traffic safety program fees. If the accused | ||||||
10 | fails to file a certificate of successful completion on or | ||||||
11 | before the termination date of the supervision order, the | ||||||
12 | supervision shall be summarily revoked and conviction entered. | ||||||
13 | The provisions of Supreme Court Rule 402 relating to pleas of | ||||||
14 | guilty do not apply in cases when a defendant enters a guilty | ||||||
15 | plea under this provision.
| ||||||
16 | (i) The provisions of paragraph (c) shall not apply to a | ||||||
17 | defendant charged
with violating Section 3-707 of the Illinois | ||||||
18 | Vehicle Code or a similar
provision of a local ordinance if the | ||||||
19 | defendant has been assigned supervision
for a violation of | ||||||
20 | Section 3-707 of the Illinois Vehicle Code or a similar
| ||||||
21 | provision of a local ordinance.
| ||||||
22 | (j) The provisions of paragraph (c) shall not apply to a
| ||||||
23 | defendant charged with violating
Section 6-303 of the Illinois | ||||||
24 | Vehicle Code or a similar provision of
a local ordinance when | ||||||
25 | the revocation or suspension was for a violation of
Section | ||||||
26 | 11-501 or a similar provision of a local ordinance or a |
| |||||||
| |||||||
1 | violation of
Section 11-501.1 or paragraph (b) of Section | ||||||
2 | 11-401 of the Illinois Vehicle
Code if the
defendant has within | ||||||
3 | the last 10 years been:
| ||||||
4 | (1) convicted for a violation of Section 6-303 of the | ||||||
5 | Illinois Vehicle
Code or a similar provision of a local | ||||||
6 | ordinance; or
| ||||||
7 | (2) assigned supervision for a violation of Section | ||||||
8 | 6-303 of the Illinois
Vehicle Code or a similar provision | ||||||
9 | of a local ordinance. | ||||||
10 | (k) 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 that | ||||||
13 | governs the movement of vehicles if, within the 12 months | ||||||
14 | preceding the date of the defendant's arrest, the defendant has | ||||||
15 | been assigned court supervision on 2 occasions for a violation | ||||||
16 | that governs the movement of vehicles under the Illinois | ||||||
17 | Vehicle Code or a similar provision of a local ordinance.
| ||||||
18 | (l) A defendant charged with violating any provision of the | ||||||
19 | Illinois Vehicle Code or a similar provision of a local | ||||||
20 | ordinance who, after a court appearance in the same matter, | ||||||
21 | receives a disposition of supervision under subsection (c) | ||||||
22 | shall pay an additional fee of $20, to be collected as provided | ||||||
23 | in Sections 27.5 and 27.6 of the Clerks of Courts Act. In | ||||||
24 | addition to the $20 fee, the person shall also pay a fee of $5, | ||||||
25 | which, if not waived by the court, shall be collected as | ||||||
26 | provided in Sections 27.5 and 27.6 of the Clerks of Courts Act. |
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1 | The $20 fee shall be disbursed as provided in Section 16-104c | ||||||
2 | of the Illinois Vehicle Code. If the $5 fee is collected, $4.50 | ||||||
3 | of the fee shall be deposited into the Circuit Court Clerk | ||||||
4 | Operation and Administrative Fund created by the Clerk of the | ||||||
5 | Circuit Court and 50 cents of the fee shall be deposited into | ||||||
6 | the Prisoner Review Board Vehicle and Equipment Fund in the | ||||||
7 | State treasury.
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8 | (m) Any person convicted of or pleading guilty to a serious | ||||||
9 | traffic violation, as defined in Section 1-187.001 of the | ||||||
10 | Illinois Vehicle Code, shall pay an additional fee of $20, to | ||||||
11 | be disbursed as provided in Section 16-104d of that Code. | ||||||
12 | This subsection (m) becomes inoperative 7 years after | ||||||
13 | October 13, 2007 (the effective date of Public Act 95-154).
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14 | (n)
The provisions of paragraph (c) shall not apply to any | ||||||
15 | person under the age of 18 who commits an offense against | ||||||
16 | traffic regulations governing the movement of vehicles or any | ||||||
17 | violation of Section 6-107 or Section 12-603.1 of the Illinois | ||||||
18 | Vehicle Code, except upon personal appearance of the defendant | ||||||
19 | in court and upon the written consent of the defendant's parent | ||||||
20 | or legal guardian, executed before the presiding judge. The | ||||||
21 | presiding judge shall have the authority to waive this | ||||||
22 | requirement upon the showing of good cause by the defendant.
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23 | (o)
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 suspension was for a violation of Section 11-501.1 of the |
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1 | Illinois Vehicle Code and when: | ||||||
2 | (1) at the time of the violation of Section 11-501.1 of | ||||||
3 | the Illinois Vehicle Code, the defendant was a first | ||||||
4 | offender pursuant to Section 11-500 of the Illinois Vehicle | ||||||
5 | Code and the defendant failed to obtain a monitoring device | ||||||
6 | driving permit; or | ||||||
7 | (2) at the time of the violation of Section 11-501.1 of | ||||||
8 | the Illinois Vehicle Code, the defendant was a first | ||||||
9 | offender pursuant to Section 11-500 of the Illinois Vehicle | ||||||
10 | Code, had subsequently obtained a monitoring device | ||||||
11 | driving permit, but was driving a vehicle not equipped with | ||||||
12 | a breath alcohol ignition interlock device as defined in | ||||||
13 | Section 1-129.1 of the Illinois Vehicle Code.
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14 | (Source: P.A. 94-169, eff. 1-1-06; 94-330, eff. 1-1-06; 94-375, | ||||||
15 | eff. 1-1-06; 94-1009, eff. 1-1-07; 95-154, eff. 10-13-07; | ||||||
16 | 95-302, eff. 1-1-08; 95-310, eff. 1-1-08; 95-377, eff. 1-1-08; | ||||||
17 | 95-400, eff. 1-1-09; 95-428, 8-24-07; 95-876, eff. 8-21-08.)
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