Bill Text: IL HB4462 | 2013-2014 | 98th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Vehicle Code. Provides that the $35 additional fee for serious traffic violations shall not become inoperative until January 1, 2020 (rather than October 13, 2014). Makes corresponding changes to the Clerks of Courts Act and the Unified Code of Corrections. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 15-6)
Status: (Passed) 2014-06-23 - Public Act . . . . . . . . . 98-0658 [HB4462 Detail]
Download: Illinois-2013-HB4462-Engrossed.html
Bill Title: Amends the Illinois Vehicle Code. Provides that the $35 additional fee for serious traffic violations shall not become inoperative until January 1, 2020 (rather than October 13, 2014). Makes corresponding changes to the Clerks of Courts Act and the Unified Code of Corrections. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 15-6)
Status: (Passed) 2014-06-23 - Public Act . . . . . . . . . 98-0658 [HB4462 Detail]
Download: Illinois-2013-HB4462-Engrossed.html
| |||||||
| |||||||
| |||||||
1 | AN ACT concerning transportation.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
5 | Section 16-104d as follows:
| ||||||
6 | (625 ILCS 5/16-104d) | ||||||
7 | Sec. 16-104d. Additional fee; serious traffic violation. | ||||||
8 | Any person who is convicted of, pleads guilty to, or is placed | ||||||
9 | on supervision for a serious traffic violation, as defined in | ||||||
10 | Section 1-187.001 of this Code, a violation of Section 11-501 | ||||||
11 | of this Code, or a violation of a similar provision of a local | ||||||
12 | ordinance shall pay an additional fee of $35. Of that fee, $15 | ||||||
13 | shall be deposited into the Fire Prevention Fund in the State | ||||||
14 | treasury, $15 shall be deposited into the Fire Truck Revolving | ||||||
15 | Loan Fund in the State treasury, and $5 shall be deposited into | ||||||
16 | the Circuit Court Clerk Operation and Administrative Fund | ||||||
17 | created by the Clerk of the Circuit Court. | ||||||
18 | This Section becomes inoperative on January 1, 2020 7 years | ||||||
19 | after the effective date of this amendatory Act of the 95th | ||||||
20 | General Assembly .
| ||||||
21 | (Source: P.A. 95-154, eff. 10-13-07; 96-286, eff. 8-11-09; | ||||||
22 | 96-1175, eff. 9-20-10.)
|
| |||||||
| |||||||
1 | Section 10. The Clerks of Courts Act is amended by changing | ||||||
2 | Section 27.5 as follows:
| ||||||
3 | (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
| ||||||
4 | Sec. 27.5. (a) All fees, fines, costs, additional | ||||||
5 | penalties, bail balances
assessed or forfeited, and any other | ||||||
6 | amount paid by a person to the circuit
clerk that equals an | ||||||
7 | amount less than $55, except restitution under Section
5-5-6 of | ||||||
8 | the Unified Code of Corrections, reimbursement for the costs of | ||||||
9 | an
emergency response as provided under Section 11-501 of the | ||||||
10 | Illinois Vehicle
Code, any fees collected for attending a | ||||||
11 | traffic safety program under
paragraph (c) of Supreme Court | ||||||
12 | Rule 529, any fee collected on behalf of a
State's Attorney | ||||||
13 | under Section 4-2002 of the Counties Code or a sheriff under
| ||||||
14 | Section 4-5001 of the Counties Code, or any cost imposed under | ||||||
15 | Section 124A-5
of the Code of Criminal Procedure of 1963, for | ||||||
16 | convictions, orders of
supervision, or any other disposition | ||||||
17 | for a violation of Chapters 3, 4, 6,
11, and 12 of the Illinois | ||||||
18 | Vehicle Code, or a similar provision of a local
ordinance, and | ||||||
19 | any violation of the Child Passenger Protection Act, or a
| ||||||
20 | similar provision of a local ordinance, and except as otherwise | ||||||
21 | provided in this Section, shall be disbursed within 60 days | ||||||
22 | after receipt by the circuit
clerk as follows: 47% shall be | ||||||
23 | disbursed to the entity authorized by law to
receive the fine | ||||||
24 | imposed in the case; 12% shall be disbursed to the State
| ||||||
25 | Treasurer; and 41% shall be disbursed to the county's general |
| |||||||
| |||||||
1 | corporate fund.
Of the 12% disbursed to the State Treasurer, | ||||||
2 | 1/6 shall be deposited by the
State Treasurer into the Violent | ||||||
3 | Crime Victims Assistance Fund, 1/2 shall be
deposited into the | ||||||
4 | Traffic and Criminal Conviction Surcharge Fund, and 1/3
shall | ||||||
5 | be deposited into the Drivers Education Fund. For fiscal years | ||||||
6 | 1992 and
1993, amounts deposited into the Violent Crime Victims | ||||||
7 | Assistance Fund, the
Traffic and Criminal Conviction Surcharge | ||||||
8 | Fund, or the Drivers Education Fund
shall not exceed 110% of | ||||||
9 | the amounts deposited into those funds in fiscal year
1991. Any | ||||||
10 | amount that exceeds the 110% limit shall be distributed as | ||||||
11 | follows:
50% shall be disbursed to the county's general | ||||||
12 | corporate fund and 50% shall be
disbursed to the entity | ||||||
13 | authorized by law to receive the fine imposed in the
case. Not | ||||||
14 | later than March 1 of each year the circuit clerk
shall submit | ||||||
15 | a report of the amount of funds remitted to the State
Treasurer | ||||||
16 | under this Section during the preceding year based upon
| ||||||
17 | independent verification of fines and fees. All counties shall | ||||||
18 | be subject
to this Section, except that counties with a | ||||||
19 | population under 2,000,000
may, by ordinance, elect not to be | ||||||
20 | subject to this Section. For offenses
subject to this Section, | ||||||
21 | judges shall impose one total sum of money payable
for | ||||||
22 | violations. The circuit clerk may add on no additional amounts | ||||||
23 | except
for amounts that are required by Sections 27.3a and | ||||||
24 | 27.3c of
this Act, Section 16-104c of the Illinois Vehicle | ||||||
25 | Code, and subsection (a) of Section 5-1101 of the Counties | ||||||
26 | Code, unless those amounts are specifically waived by the |
| |||||||
| |||||||
1 | judge. With
respect to money collected by the circuit clerk as | ||||||
2 | a result of
forfeiture of bail, ex parte judgment or guilty | ||||||
3 | plea pursuant to Supreme
Court Rule 529, the circuit clerk | ||||||
4 | shall first deduct and pay amounts
required by Sections 27.3a | ||||||
5 | and 27.3c of this Act. Unless a court ordered payment schedule | ||||||
6 | is implemented or fee requirements are waived pursuant to a | ||||||
7 | court order, the circuit clerk may add to any unpaid fees and | ||||||
8 | costs a delinquency amount equal to 5% of the unpaid fees that | ||||||
9 | remain unpaid after 30 days, 10% of the unpaid fees that remain | ||||||
10 | unpaid after 60 days, and 15% of the unpaid fees that remain | ||||||
11 | unpaid after 90 days. Notice to those parties may be made by | ||||||
12 | signage posting or publication. The additional delinquency | ||||||
13 | amounts collected under this Section shall be deposited in the | ||||||
14 | Circuit Court Clerk Operation and Administrative Fund to be | ||||||
15 | used to defray administrative costs incurred by the circuit | ||||||
16 | clerk in performing the duties required to collect and disburse | ||||||
17 | funds. This Section is a denial
and limitation of home rule | ||||||
18 | powers and functions under subsection (h) of
Section 6 of | ||||||
19 | Article VII of the Illinois Constitution.
| ||||||
20 | (b) The following amounts must be remitted to the State | ||||||
21 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| ||||||
22 | (1) 50% of the amounts collected for felony offenses | ||||||
23 | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||||||
24 | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||||||
25 | Animals Act and Section 26-5 or 48-1 of the Criminal Code | ||||||
26 | of
1961 or the Criminal Code of 2012;
|
| |||||||
| |||||||
1 | (2) 20% of the amounts collected for Class A and Class | ||||||
2 | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||||||
3 | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||||||
4 | for Animals Act and Section 26-5 or 48-1 of the Criminal
| ||||||
5 | Code of 1961 or the Criminal Code of 2012; and
| ||||||
6 | (3) 50% of the amounts collected for Class C | ||||||
7 | misdemeanors under
Sections 4.01 and 7.1 of the Humane Care | ||||||
8 | for Animals Act and Section 26-5
or 48-1 of the Criminal | ||||||
9 | Code of 1961 or the Criminal Code of 2012.
| ||||||
10 | (c) Any person who receives a disposition of court | ||||||
11 | supervision for a violation of the Illinois Vehicle Code or a | ||||||
12 | similar provision of a local ordinance shall, in addition to | ||||||
13 | any other fines, fees, and court costs, pay an additional fee | ||||||
14 | of $29, to be disbursed as provided in Section 16-104c of the | ||||||
15 | Illinois Vehicle Code. In addition to the fee of $29, the | ||||||
16 | person shall also pay a fee of $6, if not waived by the court. | ||||||
17 | If this $6 fee is collected, $5.50 of the fee shall be | ||||||
18 | deposited into the Circuit Court Clerk Operation and | ||||||
19 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
20 | and 50 cents of the fee shall be deposited into the Prisoner | ||||||
21 | Review Board Vehicle and Equipment Fund in the State treasury. | ||||||
22 | (d) Any person convicted of, pleading guilty to, or placed | ||||||
23 | on supervision for a serious traffic violation, as defined in | ||||||
24 | Section 1-187.001 of the Illinois Vehicle Code, a violation of | ||||||
25 | Section 11-501 of the Illinois Vehicle Code, or a violation of | ||||||
26 | a similar provision of a local ordinance shall pay an |
| |||||||
| |||||||
1 | additional fee of $35, to be disbursed as provided in Section | ||||||
2 | 16-104d of that Code. | ||||||
3 | This subsection (d) becomes inoperative on January 1, 2020 | ||||||
4 | 7 years after the effective date of Public Act 95-154 .
| ||||||
5 | (e) In all counties having a population of 3,000,000 or | ||||||
6 | more inhabitants: | ||||||
7 | (1) A person who is found guilty of or pleads guilty to | ||||||
8 | violating subsection (a) of Section 11-501 of the Illinois | ||||||
9 | Vehicle Code, including any person placed on court | ||||||
10 | supervision for violating subsection (a), shall be fined | ||||||
11 | $750 as provided for by subsection (f) of Section 11-501.01 | ||||||
12 | of the Illinois Vehicle Code, payable to the circuit clerk, | ||||||
13 | who shall distribute the money pursuant to subsection (f) | ||||||
14 | of Section 11-501.01 of the Illinois Vehicle Code. | ||||||
15 | (2) When a crime laboratory DUI analysis fee of $150, | ||||||
16 | provided for by Section 5-9-1.9 of the Unified Code of | ||||||
17 | Corrections is assessed, it shall be disbursed by the | ||||||
18 | circuit clerk as provided by subsection (f) of Section | ||||||
19 | 5-9-1.9 of the Unified Code of Corrections. | ||||||
20 | (3) When a fine for a violation of subsection (a) of | ||||||
21 | Section 11-605 of the Illinois Vehicle Code is $150 or | ||||||
22 | greater, the additional $50 which is charged as provided | ||||||
23 | for by subsection (f) of Section 11-605 of the Illinois | ||||||
24 | Vehicle Code shall be disbursed by the circuit clerk to a | ||||||
25 | school district or districts for school safety purposes as | ||||||
26 | provided by subsection (f) of Section 11-605. |
| |||||||
| |||||||
1 | (4) When a fine for a violation of subsection (a) of | ||||||
2 | Section 11-1002.5 of the Illinois Vehicle Code is $150 or | ||||||
3 | greater, the additional $50 which is charged as provided | ||||||
4 | for by subsection (c) of Section 11-1002.5 of the Illinois | ||||||
5 | Vehicle Code shall be disbursed by the circuit clerk to a | ||||||
6 | school district or districts for school safety purposes as | ||||||
7 | provided by subsection (c) of Section 11-1002.5 of the | ||||||
8 | Illinois Vehicle Code. | ||||||
9 | (5) When a mandatory drug court fee of up to $5 is | ||||||
10 | assessed as provided in subsection (f) of Section 5-1101 of | ||||||
11 | the Counties Code, it shall be disbursed by the circuit | ||||||
12 | clerk as provided in subsection (f) of Section 5-1101 of | ||||||
13 | the Counties Code. | ||||||
14 | (6) When a mandatory teen court, peer jury, youth | ||||||
15 | court, or other youth diversion program fee is assessed as | ||||||
16 | provided in subsection (e) of Section 5-1101 of the | ||||||
17 | Counties Code, it shall be disbursed by the circuit clerk | ||||||
18 | as provided in subsection (e) of Section 5-1101 of the | ||||||
19 | Counties Code. | ||||||
20 | (7) When a Children's Advocacy Center fee is assessed | ||||||
21 | pursuant to subsection (f-5) of Section 5-1101 of the | ||||||
22 | Counties Code, it shall be disbursed by the circuit clerk | ||||||
23 | as provided in subsection (f-5) of Section 5-1101 of the | ||||||
24 | Counties Code. | ||||||
25 | (8) When a victim impact panel fee is assessed pursuant | ||||||
26 | to subsection (b) of Section 11-501.01 of the Illinois |
| |||||||
| |||||||
1 | Vehicle Code, it shall be disbursed by the circuit clerk to | ||||||
2 | the victim impact panel to be
attended by the defendant. | ||||||
3 | (9) When a new fee collected in traffic cases is | ||||||
4 | enacted after January 1, 2010 (the effective date of Public | ||||||
5 | Act 96-735), it shall be excluded from the percentage | ||||||
6 | disbursement provisions of this Section unless otherwise | ||||||
7 | indicated by law. | ||||||
8 | (f) Any person who receives a disposition of court | ||||||
9 | supervision for a violation of Section 11-501 of the Illinois | ||||||
10 | Vehicle Code shall, in addition to any other fines, fees, and | ||||||
11 | court costs, pay an additional fee of $50, which shall
be | ||||||
12 | collected by the circuit clerk and then remitted to the State | ||||||
13 | Treasurer for deposit into the Roadside Memorial Fund, a | ||||||
14 | special fund in the State treasury. However, the court may | ||||||
15 | waive the fee if full restitution is complied with. Subject to | ||||||
16 | appropriation, all moneys in the Roadside Memorial Fund shall | ||||||
17 | be used by the Department of Transportation to pay fees imposed | ||||||
18 | under subsection (f) of Section 20 of the Roadside Memorial | ||||||
19 | Act. The fee shall be remitted by the circuit clerk within one | ||||||
20 | month after receipt to the State Treasurer for deposit into the | ||||||
21 | Roadside Memorial Fund. | ||||||
22 | (g) For any conviction or disposition of court supervision | ||||||
23 | for a violation of Section 11-1429 of the Illinois Vehicle | ||||||
24 | Code, the circuit clerk shall distribute the fines paid by the | ||||||
25 | person as specified by subsection (h) of Section 11-1429 of the | ||||||
26 | Illinois Vehicle Code. |
| |||||||
| |||||||
1 | (Source: P.A. 96-286, eff. 8-11-09; 96-576, eff. 8-18-09; | ||||||
2 | 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-735, eff. 1-1-10; | ||||||
3 | 96-1000, eff. 7-2-10; 96-1175, eff. 9-20-10; 96-1342, eff. | ||||||
4 | 1-1-11; 97-333, eff. 8-12-11; 97-1108, eff. 1-1-13; 97-1150, | ||||||
5 | eff. 1-25-13.)
| ||||||
6 | Section 15. The Unified Code of Corrections is amended by | ||||||
7 | changing Section 5-6-1 as follows:
| ||||||
8 | (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
| ||||||
9 | Sec. 5-6-1. Sentences of Probation and of Conditional
| ||||||
10 | Discharge and Disposition of Supervision.
The General Assembly | ||||||
11 | finds that in order to protect the public, the
criminal justice | ||||||
12 | system must compel compliance with the conditions of probation
| ||||||
13 | by responding to violations with swift, certain and fair | ||||||
14 | punishments and
intermediate sanctions. The Chief Judge of each | ||||||
15 | circuit shall adopt a system of
structured, intermediate | ||||||
16 | sanctions for violations of the terms and conditions
of a | ||||||
17 | sentence of probation, conditional discharge or disposition of
| ||||||
18 | supervision.
| ||||||
19 | (a) Except where specifically prohibited by other
| ||||||
20 | provisions of this Code, the court shall impose a sentence
of | ||||||
21 | probation or conditional discharge upon an offender
unless, | ||||||
22 | having regard to the nature and circumstance of
the offense, | ||||||
23 | and to the history, character and condition
of the offender, | ||||||
24 | the court is of the opinion that:
|
| |||||||
| |||||||
1 | (1) his imprisonment or periodic imprisonment is | ||||||
2 | necessary
for the protection of the public; or
| ||||||
3 | (2) probation or conditional discharge would deprecate
| ||||||
4 | the seriousness of the offender's conduct and would be
| ||||||
5 | inconsistent with the ends of justice; or
| ||||||
6 | (3) a combination of imprisonment with concurrent or | ||||||
7 | consecutive probation when an offender has been admitted | ||||||
8 | into a drug court program under Section 20 of the Drug | ||||||
9 | Court Treatment Act is necessary for the protection of the | ||||||
10 | public and for the rehabilitation of the offender.
| ||||||
11 | The court shall impose as a condition of a sentence of | ||||||
12 | probation,
conditional discharge, or supervision, that the | ||||||
13 | probation agency may invoke any
sanction from the list of | ||||||
14 | intermediate sanctions adopted by the chief judge of
the | ||||||
15 | circuit court for violations of the terms and conditions of the | ||||||
16 | sentence of
probation, conditional discharge, or supervision, | ||||||
17 | subject to the provisions of
Section 5-6-4 of this Act.
| ||||||
18 | (b) The court may impose a sentence of conditional
| ||||||
19 | discharge for an offense if the court is of the opinion
that | ||||||
20 | neither a sentence of imprisonment nor of periodic
imprisonment | ||||||
21 | nor of probation supervision is appropriate.
| ||||||
22 | (b-1) Subsections (a) and (b) of this Section do not apply | ||||||
23 | to a defendant charged with a misdemeanor or felony under the | ||||||
24 | Illinois Vehicle Code or reckless homicide under Section 9-3 of | ||||||
25 | the Criminal Code of 1961 or the Criminal Code of 2012 if the | ||||||
26 | defendant within the past 12 months has been convicted of or |
| |||||||
| |||||||
1 | pleaded guilty to a misdemeanor or felony under the Illinois | ||||||
2 | Vehicle Code or reckless homicide under Section 9-3 of the | ||||||
3 | Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
4 | (c) The court may, upon a plea of guilty or a stipulation
| ||||||
5 | by the defendant of the facts supporting the charge or a
| ||||||
6 | finding of guilt, defer further proceedings and the
imposition | ||||||
7 | of a sentence, and enter an order for supervision of the | ||||||
8 | defendant,
if the defendant is not charged with: (i) a Class A | ||||||
9 | misdemeanor, as
defined by the following provisions of the | ||||||
10 | Criminal Code of 1961 or the Criminal Code of 2012: Sections
| ||||||
11 | 11-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6; | ||||||
12 | 31-7; paragraphs (2) and (3) of subsection (a) of Section
21-1;
| ||||||
13 | paragraph (1) through (5), (8), (10), and (11) of subsection | ||||||
14 | (a) of Section
24-1; (ii) a Class A misdemeanor violation of | ||||||
15 | Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals | ||||||
16 | Act; or (iii)
a felony.
If the defendant
is not barred from | ||||||
17 | receiving an order for supervision as provided in this
| ||||||
18 | subsection, the court may enter an order for supervision after | ||||||
19 | considering the
circumstances of the offense, and the history,
| ||||||
20 | character and condition of the offender, if the court is of the | ||||||
21 | opinion
that:
| ||||||
22 | (1) the offender is not likely to commit further | ||||||
23 | crimes;
| ||||||
24 | (2) the defendant and the public would be best served | ||||||
25 | if the
defendant were not to receive a criminal record; and
| ||||||
26 | (3) in the best interests of justice an order of |
| |||||||
| |||||||
1 | supervision
is more appropriate than a sentence otherwise | ||||||
2 | permitted under this Code.
| ||||||
3 | (c-5) Subsections (a), (b), and (c) of this Section do not | ||||||
4 | apply to a defendant charged with a second or subsequent | ||||||
5 | violation of Section 6-303 of the Illinois Vehicle Code | ||||||
6 | committed while his or her driver's license, permit or | ||||||
7 | privileges were revoked because of a violation of Section 9-3 | ||||||
8 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
9 | relating to the offense of reckless homicide, or a similar | ||||||
10 | provision of a law of another state.
| ||||||
11 | (d) The provisions of paragraph (c) shall not apply to a | ||||||
12 | defendant charged
with violating Section 11-501 of the Illinois | ||||||
13 | Vehicle Code or a similar
provision of a local
ordinance when | ||||||
14 | the defendant has previously been:
| ||||||
15 | (1) convicted for a violation of Section 11-501 of
the | ||||||
16 | Illinois Vehicle
Code or a similar provision of a
local | ||||||
17 | ordinance or any similar law or ordinance of another state; | ||||||
18 | or
| ||||||
19 | (2) assigned supervision for a violation of Section | ||||||
20 | 11-501 of the Illinois
Vehicle Code or a similar provision | ||||||
21 | of a local ordinance or any similar law
or ordinance of | ||||||
22 | another state; or
| ||||||
23 | (3) pleaded guilty to or stipulated to the facts | ||||||
24 | supporting
a charge or a finding of guilty to a violation | ||||||
25 | of Section 11-503 of the
Illinois Vehicle Code or a similar | ||||||
26 | provision of a local ordinance or any
similar law or |
| |||||||
| |||||||
1 | ordinance of another state, and the
plea or stipulation was | ||||||
2 | the result of a plea agreement.
| ||||||
3 | The court shall consider the statement of the prosecuting
| ||||||
4 | authority with regard to the standards set forth in this | ||||||
5 | Section.
| ||||||
6 | (e) The provisions of paragraph (c) shall not apply to a | ||||||
7 | defendant
charged with violating Section 16-25 or 16A-3 of the | ||||||
8 | Criminal Code of 1961 or the Criminal Code of 2012 if said
| ||||||
9 | defendant has within the last 5 years been:
| ||||||
10 | (1) convicted for a violation of Section 16-25 or 16A-3 | ||||||
11 | of the Criminal Code of
1961 or the Criminal Code of 2012; | ||||||
12 | or
| ||||||
13 | (2) assigned supervision for a violation of Section | ||||||
14 | 16-25 or 16A-3 of the Criminal
Code of 1961 or the Criminal | ||||||
15 | Code of 2012.
| ||||||
16 | The court shall consider the statement of the prosecuting | ||||||
17 | authority with
regard to the standards set forth in this | ||||||
18 | Section.
| ||||||
19 | (f) The provisions of paragraph (c) shall not apply to a | ||||||
20 | defendant
charged with violating Sections 15-111, 15-112, | ||||||
21 | 15-301, paragraph (b)
of Section 6-104, Section 11-605, Section | ||||||
22 | 11-1002.5, or Section 11-1414
of the Illinois Vehicle Code or a | ||||||
23 | similar provision of a local ordinance.
| ||||||
24 | (g) Except as otherwise provided in paragraph (i) of this | ||||||
25 | Section, the
provisions of paragraph (c) shall not apply to a
| ||||||
26 | defendant charged with violating Section
3-707, 3-708, 3-710, |
| |||||||
| |||||||
1 | or 5-401.3
of the Illinois Vehicle Code or a similar provision | ||||||
2 | of a local ordinance if the
defendant has within the last 5 | ||||||
3 | years been:
| ||||||
4 | (1) convicted for a violation of Section 3-707, 3-708, | ||||||
5 | 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | ||||||
6 | provision of a local
ordinance; or
| ||||||
7 | (2) assigned supervision for a violation of Section | ||||||
8 | 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle | ||||||
9 | Code or a similar provision of a local
ordinance.
| ||||||
10 | The court shall consider the statement of the prosecuting | ||||||
11 | authority with
regard to the standards set forth in this | ||||||
12 | Section.
| ||||||
13 | (h) The provisions of paragraph (c) shall not apply to a | ||||||
14 | defendant under
the age of 21 years charged with violating a | ||||||
15 | serious traffic offense as defined
in Section 1-187.001 of the | ||||||
16 | Illinois Vehicle Code:
| ||||||
17 | (1) unless the defendant, upon payment of the fines, | ||||||
18 | penalties, and costs
provided by law, agrees to attend and | ||||||
19 | successfully complete a traffic safety
program approved by | ||||||
20 | the court under standards set by the Conference of Chief
| ||||||
21 | Circuit Judges. The accused shall be responsible for | ||||||
22 | payment of any traffic
safety program fees. If the accused | ||||||
23 | fails to file a certificate of
successful completion on or | ||||||
24 | before the termination date of the supervision
order, the | ||||||
25 | supervision shall be summarily revoked and conviction | ||||||
26 | entered. The
provisions of Supreme Court Rule 402 relating |
| |||||||
| |||||||
1 | to pleas of guilty do not apply
in cases when a defendant | ||||||
2 | enters a guilty plea under this provision; or
| ||||||
3 | (2) if the defendant has previously been sentenced | ||||||
4 | under the provisions of
paragraph (c) on or after January | ||||||
5 | 1, 1998 for any serious traffic offense as
defined in | ||||||
6 | Section 1-187.001 of the Illinois Vehicle Code.
| ||||||
7 | (h-1) The provisions of paragraph (c) shall not apply to a | ||||||
8 | defendant under the age of 21 years charged with an offense | ||||||
9 | against traffic regulations governing the movement of vehicles | ||||||
10 | or any violation of Section 6-107 or Section 12-603.1 of the | ||||||
11 | Illinois Vehicle Code, unless the defendant, upon payment of | ||||||
12 | the fines, penalties, and costs provided by law, agrees to | ||||||
13 | attend and successfully complete a traffic safety program | ||||||
14 | approved by the court under standards set by the Conference of | ||||||
15 | Chief 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 entered. | ||||||
20 | The provisions of Supreme Court Rule 402 relating to pleas of | ||||||
21 | guilty do not apply in cases when a defendant enters a guilty | ||||||
22 | plea under this provision.
| ||||||
23 | (i) The provisions of paragraph (c) shall not apply to a | ||||||
24 | defendant charged
with violating Section 3-707 of the Illinois | ||||||
25 | Vehicle Code or a similar
provision of a local ordinance if the | ||||||
26 | defendant has been assigned supervision
for a violation of |
| |||||||
| |||||||
1 | Section 3-707 of the Illinois Vehicle Code or a similar
| ||||||
2 | provision of a local ordinance.
| ||||||
3 | (j) The provisions of paragraph (c) shall not apply to a
| ||||||
4 | defendant charged with violating
Section 6-303 of the Illinois | ||||||
5 | Vehicle Code or a similar provision of
a local ordinance when | ||||||
6 | the revocation or suspension was for a violation of
Section | ||||||
7 | 11-501 or a similar provision of a local ordinance or a | ||||||
8 | violation of
Section 11-501.1 or paragraph (b) of Section | ||||||
9 | 11-401 of the Illinois Vehicle
Code if the
defendant has within | ||||||
10 | the last 10 years been:
| ||||||
11 | (1) convicted for a violation of Section 6-303 of the | ||||||
12 | Illinois Vehicle
Code or a similar provision of a local | ||||||
13 | ordinance; or
| ||||||
14 | (2) assigned supervision for a violation of Section | ||||||
15 | 6-303 of the Illinois
Vehicle Code or a similar provision | ||||||
16 | of a local ordinance. | ||||||
17 | (k) 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 that | ||||||
20 | governs the movement of vehicles if, within the 12 months | ||||||
21 | preceding the date of the defendant's arrest, the defendant has | ||||||
22 | been assigned court supervision on 2 occasions for a violation | ||||||
23 | that governs the movement of vehicles under the Illinois | ||||||
24 | Vehicle Code or a similar provision of a local ordinance.
The | ||||||
25 | provisions of this paragraph (k) do not apply to a defendant | ||||||
26 | charged with violating Section 11-501 of the Illinois Vehicle |
| |||||||
| |||||||
1 | Code or a similar provision of a local ordinance.
| ||||||
2 | (l) A defendant charged with violating any provision of the | ||||||
3 | Illinois Vehicle Code or a similar provision of a local | ||||||
4 | ordinance who receives a disposition of supervision under | ||||||
5 | subsection (c) shall pay an additional fee of $29, to be | ||||||
6 | collected as provided in Sections 27.5 and 27.6 of the Clerks | ||||||
7 | of Courts Act. In addition to the $29 fee, the person shall | ||||||
8 | also pay a fee of $6, which, if not waived by the court, shall | ||||||
9 | be collected as provided in Sections 27.5 and 27.6 of the | ||||||
10 | Clerks of Courts Act. The $29 fee shall be disbursed as | ||||||
11 | provided in Section 16-104c of the Illinois Vehicle Code. If | ||||||
12 | the $6 fee is collected, $5.50 of the fee shall be deposited | ||||||
13 | into the Circuit Court Clerk Operation and Administrative Fund | ||||||
14 | created by the Clerk of the Circuit Court and 50 cents of the | ||||||
15 | fee shall be deposited into the Prisoner Review Board Vehicle | ||||||
16 | and Equipment Fund in the State treasury.
| ||||||
17 | (m) Any person convicted of, pleading guilty to, or placed | ||||||
18 | on supervision for a serious traffic violation, as defined in | ||||||
19 | Section 1-187.001 of the Illinois Vehicle Code, a violation of | ||||||
20 | Section 11-501 of the Illinois Vehicle Code, or a violation of | ||||||
21 | a similar provision of a local ordinance shall pay an | ||||||
22 | additional fee of $35, to be disbursed as provided in Section | ||||||
23 | 16-104d of that Code. | ||||||
24 | This subsection (m) becomes inoperative on January 1, 2020 | ||||||
25 | 7 years after October 13, 2007 (the effective date of Public | ||||||
26 | Act 95-154) .
|
| |||||||
| |||||||
1 | (n)
The provisions of paragraph (c) shall not apply to any | ||||||
2 | person under the age of 18 who commits an offense against | ||||||
3 | traffic regulations governing the movement of vehicles or any | ||||||
4 | violation of Section 6-107 or Section 12-603.1 of the Illinois | ||||||
5 | Vehicle Code, except upon personal appearance of the defendant | ||||||
6 | in court and upon the written consent of the defendant's parent | ||||||
7 | or legal guardian, executed before the presiding judge. The | ||||||
8 | presiding judge shall have the authority to waive this | ||||||
9 | requirement upon the showing of good cause by the defendant.
| ||||||
10 | (o)
The provisions of paragraph (c) shall not apply to a | ||||||
11 | defendant charged with violating Section 6-303 of the Illinois | ||||||
12 | Vehicle Code or a similar provision of a local ordinance when | ||||||
13 | the suspension was for a violation of Section 11-501.1 of the | ||||||
14 | Illinois Vehicle Code and when: | ||||||
15 | (1) at the time of the violation of Section 11-501.1 of | ||||||
16 | the Illinois Vehicle Code, the defendant was a first | ||||||
17 | offender pursuant to Section 11-500 of the Illinois Vehicle | ||||||
18 | Code and the defendant failed to obtain a monitoring device | ||||||
19 | driving permit; or | ||||||
20 | (2) at the time of the violation of Section 11-501.1 of | ||||||
21 | the Illinois Vehicle Code, the defendant was a first | ||||||
22 | offender pursuant to Section 11-500 of the Illinois Vehicle | ||||||
23 | Code, had subsequently obtained a monitoring device | ||||||
24 | driving permit, but was driving a vehicle not equipped with | ||||||
25 | a breath alcohol ignition interlock device as defined in | ||||||
26 | Section 1-129.1 of the Illinois Vehicle Code.
|
| |||||||
| |||||||
1 | (p) The provisions of paragraph (c) shall not apply to a | ||||||
2 | defendant charged with violating Section 11-601.5 of the | ||||||
3 | Illinois Vehicle Code or a similar provision of a local | ||||||
4 | ordinance. | ||||||
5 | (q) The provisions of paragraph (c) shall not apply to a | ||||||
6 | defendant charged with violating subsection (b) of Section | ||||||
7 | 11-601 of the Illinois Vehicle Code when the defendant was | ||||||
8 | operating a vehicle, in an urban district, at a speed in excess | ||||||
9 | of 25 miles per hour over the posted speed limit. | ||||||
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 | (Source: P.A. 97-333, eff. 8-12-11; 97-597, eff. 1-1-12; | ||||||
20 | 97-831, eff. 7-1-13; 97-1108, eff. 1-1-13; 97-1150, eff. | ||||||
21 | 1-25-13; 98-169, eff. 1-1-14.)
| ||||||
22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.
|