Bill Text: IL SB1341 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the Illinois Vehicle Code, Clerks of Courts Act, and the Unified Code of Corrections to provide that any person who receives court supervision shall pay an additional fee of $30 (instead of $20). Provides that any person who receives a disposition of court supervision for a Vehicle Code violation or a similar local ordinance shall pay an additional fee of $30 (instead of $20). Provides that $20 of the $30 (instead of the $20) shall be deposited into the State Police Vehicle Fund in the State treasury and $10 of the $30 shall be deposited into the Driver's Education Fund.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2009-08-24 - Public Act . . . . . . . . . 96-0625 [SB1341 Detail]
Download: Illinois-2009-SB1341-Enrolled.html
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| 1 | AN ACT concerning civil law.
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| 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 16-104c as follows:
| ||||||
| 6 | (625 ILCS 5/16-104c) | ||||||
| 7 | Sec. 16-104c. Court supervision fees. | ||||||
| 8 | (a) Any person who, after a court appearance in the same | ||||||
| 9 | matter, receives a disposition of court supervision for a | ||||||
| 10 | violation of any provision of this Code or a similar provision | ||||||
| 11 | of a local ordinance shall pay an additional fee of $29 $20, | ||||||
| 12 | which shall be disbursed as follows: | ||||||
| 13 | (1) if an officer of the Department of State Police | ||||||
| 14 | arrested the person for the violation, the $20 of the $29 | ||||||
| 15 | fee shall be deposited into the State Police Vehicle Fund | ||||||
| 16 | in the State treasury; or
| ||||||
| 17 | (2) if an officer of any law enforcement agency in the | ||||||
| 18 | State other than the Department of State Police arrested | ||||||
| 19 | the person for the violation, the $20 of the $29 fee shall | ||||||
| 20 | be paid to the law enforcement agency that employed the | ||||||
| 21 | arresting officer and shall be used for the acquisition or | ||||||
| 22 | maintenance of police vehicles; and .
| ||||||
| 23 | (3) $9 of the $29 fee shall be deposited into the | ||||||
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| |||||||
| 1 | Drivers Education Fund. | ||||||
| 2 | (b) In addition to the fee provided for in subsection (a), | ||||||
| 3 | a person who, after a court appearance in the same matter, | ||||||
| 4 | receives a disposition of court supervision for any violation | ||||||
| 5 | of this Code or a similar provision of a local ordinance shall | ||||||
| 6 | also pay an additional fee of $6 $5, if not waived by the | ||||||
| 7 | court. Of this $6 $5 fee, $5.50 $4.50 shall be deposited into | ||||||
| 8 | the Circuit Court Clerk Operation and Administrative Fund | ||||||
| 9 | created by the Clerk of the Circuit Court and 50 cents shall be | ||||||
| 10 | deposited into the Prisoner Review Board Vehicle and Equipment | ||||||
| 11 | Fund in the State treasury.
| ||||||
| 12 | (c) The Prisoner Review Board Vehicle and Equipment Fund is | ||||||
| 13 | created as a special fund in the State treasury. The Prisoner | ||||||
| 14 | Review Board shall, subject to appropriation by the General | ||||||
| 15 | Assembly and approval by the Secretary, use all moneys in the | ||||||
| 16 | Prisoner Review Board Vehicle and Equipment Fund for the | ||||||
| 17 | purchase and operation of vehicles and equipment.
| ||||||
| 18 | (Source: P.A. 94-1009, eff. 1-1-07; 95-428, eff. 8-24-07.)
| ||||||
| 19 | Section 10. The Clerks of Courts Act is amended by changing | ||||||
| 20 | Sections 27.5 and 27.6 as follows:
| ||||||
| 21 | (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
| ||||||
| 22 | Sec. 27.5. (a) All fees, fines, costs, additional | ||||||
| 23 | penalties, bail balances
assessed or forfeited, and any other | ||||||
| 24 | amount paid by a person to the circuit
clerk that equals an | ||||||
| |||||||
| |||||||
| 1 | amount less than $55, except restitution under Section
5-5-6 of | ||||||
| 2 | the Unified Code of Corrections, reimbursement for the costs of | ||||||
| 3 | an
emergency response as provided under Section 11-501 of the | ||||||
| 4 | Illinois Vehicle
Code, any fees collected for attending a | ||||||
| 5 | traffic safety program under
paragraph (c) of Supreme Court | ||||||
| 6 | Rule 529, any fee collected on behalf of a
State's Attorney | ||||||
| 7 | under Section 4-2002 of the Counties Code or a sheriff under
| ||||||
| 8 | Section 4-5001 of the Counties Code, or any cost imposed under | ||||||
| 9 | Section 124A-5
of the Code of Criminal Procedure of 1963, for | ||||||
| 10 | convictions, orders of
supervision, or any other disposition | ||||||
| 11 | for a violation of Chapters 3, 4, 6,
11, and 12 of the Illinois | ||||||
| 12 | Vehicle Code, or a similar provision of a local
ordinance, and | ||||||
| 13 | any violation of the Child Passenger Protection Act, or a
| ||||||
| 14 | similar provision of a local ordinance, and except as provided | ||||||
| 15 | in subsection
(b) shall be disbursed within 60 days after | ||||||
| 16 | receipt by the circuit
clerk as follows: 47% shall be disbursed | ||||||
| 17 | to the entity authorized by law to
receive the fine imposed in | ||||||
| 18 | the case; 12% shall be disbursed to the State
Treasurer; and | ||||||
| 19 | 41% shall be disbursed to the county's general corporate fund.
| ||||||
| 20 | Of the 12% disbursed to the State Treasurer, 1/6 shall be | ||||||
| 21 | deposited by the
State Treasurer into the Violent Crime Victims | ||||||
| 22 | Assistance Fund, 1/2 shall be
deposited into the Traffic and | ||||||
| 23 | Criminal Conviction Surcharge Fund, and 1/3
shall be deposited | ||||||
| 24 | into the Drivers Education Fund. For fiscal years 1992 and
| ||||||
| 25 | 1993, amounts deposited into the Violent Crime Victims | ||||||
| 26 | Assistance Fund, the
Traffic and Criminal Conviction Surcharge | ||||||
| |||||||
| |||||||
| 1 | Fund, or the Drivers Education Fund
shall not exceed 110% of | ||||||
| 2 | the amounts deposited into those funds in fiscal year
1991. Any | ||||||
| 3 | amount that exceeds the 110% limit shall be distributed as | ||||||
| 4 | follows:
50% shall be disbursed to the county's general | ||||||
| 5 | corporate fund and 50% shall be
disbursed to the entity | ||||||
| 6 | authorized by law to receive the fine imposed in the
case. Not | ||||||
| 7 | later than March 1 of each year the circuit clerk
shall submit | ||||||
| 8 | a report of the amount of funds remitted to the State
Treasurer | ||||||
| 9 | under this Section during the preceding year based upon
| ||||||
| 10 | independent verification of fines and fees. All counties shall | ||||||
| 11 | be subject
to this Section, except that counties with a | ||||||
| 12 | population under 2,000,000
may, by ordinance, elect not to be | ||||||
| 13 | subject to this Section. For offenses
subject to this Section, | ||||||
| 14 | judges shall impose one total sum of money payable
for | ||||||
| 15 | violations. The circuit clerk may add on no additional amounts | ||||||
| 16 | except
for amounts that are required by Sections 27.3a and | ||||||
| 17 | 27.3c of
this Act, unless those amounts are specifically waived | ||||||
| 18 | by the judge. With
respect to money collected by the circuit | ||||||
| 19 | clerk as a result of
forfeiture of bail, ex parte judgment or | ||||||
| 20 | guilty plea pursuant to Supreme
Court Rule 529, the circuit | ||||||
| 21 | clerk shall first deduct and pay amounts
required by Sections | ||||||
| 22 | 27.3a and 27.3c of this Act. This Section is a denial
and | ||||||
| 23 | limitation of home rule powers and functions under subsection | ||||||
| 24 | (h) of
Section 6 of Article VII of the Illinois Constitution.
| ||||||
| 25 | (b) The following amounts must be remitted to the State | ||||||
| 26 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| ||||||
| |||||||
| |||||||
| 1 | (1) 50% of the amounts collected for felony offenses | ||||||
| 2 | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||||||
| 3 | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||||||
| 4 | Animals Act and Section 26-5 of the Criminal Code of
1961;
| ||||||
| 5 | (2) 20% of the amounts collected for Class A and Class | ||||||
| 6 | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||||||
| 7 | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||||||
| 8 | for Animals Act and Section 26-5 of the Criminal
Code of | ||||||
| 9 | 1961; and
| ||||||
| 10 | (3) 50% of the amounts collected for Class C | ||||||
| 11 | misdemeanors under
Sections 4.01 and 7.1 of the Humane Care | ||||||
| 12 | for Animals Act and Section 26-5
of the Criminal Code of | ||||||
| 13 | 1961.
| ||||||
| 14 | (c) Any person who receives a disposition of court | ||||||
| 15 | supervision for a violation of the Illinois Vehicle Code or a | ||||||
| 16 | similar provision of a local ordinance shall, in addition to | ||||||
| 17 | any other fines, fees, and court costs, pay an additional fee | ||||||
| 18 | of $29 $20, to be disbursed as provided in Section 16-104c of | ||||||
| 19 | the Illinois Vehicle Code. In addition to the fee of $29 $20, | ||||||
| 20 | the person shall also pay a fee of $6 $5, if not waived by the | ||||||
| 21 | court. If this $6 $5 fee is collected, $5.50 $4.50 of the fee | ||||||
| 22 | shall be deposited into the Circuit Court Clerk Operation and | ||||||
| 23 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
| 24 | and 50 cents of the fee shall be deposited into the Prisoner | ||||||
| 25 | Review Board Vehicle and Equipment Fund in the State treasury. | ||||||
| 26 | (d) Any person convicted of or pleading guilty to a serious | ||||||
| |||||||
| |||||||
| 1 | traffic violation, as defined in Section 1-187.001 of the | ||||||
| 2 | Illinois Vehicle Code, shall pay an additional fee of $20, to | ||||||
| 3 | be disbursed as provided in Section 16-104d of that Code. | ||||||
| 4 | This subsection (d) becomes inoperative 7 years after the | ||||||
| 5 | effective date of Public Act 95-154.
| ||||||
| 6 | (Source: P.A. 94-1009, eff. 1-1-07; 95-154, eff. 10-13-07; | ||||||
| 7 | 95-428, eff. 8-24-07; 95-876, eff. 8-21-08.)
| ||||||
| 8 | (705 ILCS 105/27.6)
| ||||||
| 9 | Sec. 27.6. (a) All fees, fines, costs, additional | ||||||
| 10 | penalties, bail balances
assessed or forfeited, and any other | ||||||
| 11 | amount paid by a person to the circuit
clerk equalling an | ||||||
| 12 | amount of $55 or more, except the fine imposed by Section | ||||||
| 13 | 5-9-1.15
of the Unified Code of Corrections, the additional fee | ||||||
| 14 | required
by subsections (b) and (c), restitution under Section | ||||||
| 15 | 5-5-6 of the
Unified Code of Corrections, reimbursement for the | ||||||
| 16 | costs of an emergency
response as provided under Section 11-501 | ||||||
| 17 | of the Illinois Vehicle Code,
any fees collected for attending | ||||||
| 18 | a traffic safety program under paragraph (c)
of Supreme Court | ||||||
| 19 | Rule 529, any fee collected on behalf of a State's Attorney
| ||||||
| 20 | under Section 4-2002 of the Counties Code or a sheriff under | ||||||
| 21 | Section 4-5001
of the Counties Code, or any cost imposed under | ||||||
| 22 | Section 124A-5 of the Code of
Criminal Procedure of 1963, for | ||||||
| 23 | convictions, orders of supervision, or any
other disposition | ||||||
| 24 | for a violation of Chapters 3, 4, 6, 11, and 12 of the
Illinois | ||||||
| 25 | Vehicle Code, or a similar provision of a local ordinance, and | ||||||
| |||||||
| |||||||
| 1 | any
violation of the Child Passenger Protection Act, or a | ||||||
| 2 | similar provision of a
local ordinance, and except as provided | ||||||
| 3 | in subsections (d) and (g)
shall be disbursed
within 60 days | ||||||
| 4 | after receipt by the circuit
clerk as follows: 44.5% shall be | ||||||
| 5 | disbursed to the entity authorized by law to
receive the fine | ||||||
| 6 | imposed in the case; 16.825% shall be disbursed to the State
| ||||||
| 7 | Treasurer; and 38.675% shall be disbursed to the county's | ||||||
| 8 | general corporate
fund. Of the 16.825% disbursed to the State | ||||||
| 9 | Treasurer, 2/17 shall be deposited
by the State Treasurer into | ||||||
| 10 | the Violent Crime Victims Assistance Fund, 5.052/17
shall be | ||||||
| 11 | deposited into the Traffic and Criminal Conviction Surcharge | ||||||
| 12 | Fund,
3/17 shall be deposited into the Drivers Education Fund, | ||||||
| 13 | and 6.948/17 shall be
deposited into the Trauma Center Fund. Of | ||||||
| 14 | the 6.948/17 deposited into the
Trauma Center Fund from the | ||||||
| 15 | 16.825% disbursed to the State Treasurer, 50% shall
be | ||||||
| 16 | disbursed to the Department of Public Health and 50% shall be | ||||||
| 17 | disbursed to
the Department of Healthcare and Family Services. | ||||||
| 18 | For fiscal year 1993, amounts deposited into
the Violent Crime | ||||||
| 19 | Victims Assistance Fund, the Traffic and Criminal
Conviction | ||||||
| 20 | Surcharge Fund, or the Drivers Education Fund shall not exceed | ||||||
| 21 | 110%
of the amounts deposited into those funds in fiscal year | ||||||
| 22 | 1991. Any
amount that exceeds the 110% limit shall be | ||||||
| 23 | distributed as follows: 50%
shall be disbursed to the county's | ||||||
| 24 | general corporate fund and 50% shall be
disbursed to the entity | ||||||
| 25 | authorized by law to receive the fine imposed in
the case. Not | ||||||
| 26 | later than March 1 of each year the circuit clerk
shall submit | ||||||
| |||||||
| |||||||
| 1 | a report of the amount of funds remitted to the State
Treasurer | ||||||
| 2 | under this Section during the preceding year based upon
| ||||||
| 3 | independent verification of fines and fees. All counties shall | ||||||
| 4 | be subject
to this Section, except that counties with a | ||||||
| 5 | population under 2,000,000
may, by ordinance, elect not to be | ||||||
| 6 | subject to this Section. For offenses
subject to this Section, | ||||||
| 7 | judges shall impose one total sum of money payable
for | ||||||
| 8 | violations. The circuit clerk may add on no additional amounts | ||||||
| 9 | except
for amounts that are required by Sections 27.3a and | ||||||
| 10 | 27.3c of
this Act, unless those amounts are specifically waived | ||||||
| 11 | by the judge. With
respect to money collected by the circuit | ||||||
| 12 | clerk as a result of
forfeiture of bail, ex parte judgment or | ||||||
| 13 | guilty plea pursuant to Supreme
Court Rule 529, the circuit | ||||||
| 14 | clerk shall first deduct and pay amounts
required by Sections | ||||||
| 15 | 27.3a and 27.3c of this Act. This Section is a denial
and | ||||||
| 16 | limitation of home rule powers and functions under subsection | ||||||
| 17 | (h) of
Section 6 of Article VII of the Illinois Constitution.
| ||||||
| 18 | (b) In addition to any other fines and court costs assessed | ||||||
| 19 | by the courts,
any person convicted or receiving an order of | ||||||
| 20 | supervision for driving under
the influence of alcohol or drugs | ||||||
| 21 | shall pay an additional fee of $100 to the
clerk of the circuit | ||||||
| 22 | court. This amount, less 2 1/2% that shall be used to
defray | ||||||
| 23 | administrative costs incurred by the clerk, shall be remitted | ||||||
| 24 | by the
clerk to the Treasurer within 60 days after receipt for | ||||||
| 25 | deposit into the Trauma
Center Fund. This additional fee of | ||||||
| 26 | $100 shall not be considered a part of the
fine for purposes of | ||||||
| |||||||
| |||||||
| 1 | any reduction in the fine for time served either before or
| ||||||
| 2 | after sentencing. Not later than March 1 of each year the | ||||||
| 3 | Circuit Clerk shall
submit a report of the amount of funds | ||||||
| 4 | remitted to the State Treasurer under
this subsection during | ||||||
| 5 | the preceding calendar year.
| ||||||
| 6 | (b-1) In addition to any other fines and court costs | ||||||
| 7 | assessed by the courts,
any person convicted or receiving an | ||||||
| 8 | order of supervision for driving under the
influence of alcohol | ||||||
| 9 | or drugs shall pay an additional fee of $5 to the clerk
of the | ||||||
| 10 | circuit court. This amount, less
2 1/2% that shall be used to | ||||||
| 11 | defray administrative costs incurred by the clerk,
shall be | ||||||
| 12 | remitted by the clerk to the Treasurer within 60 days after | ||||||
| 13 | receipt
for deposit into the Spinal Cord Injury Paralysis Cure | ||||||
| 14 | Research Trust Fund.
This additional fee of $5 shall not
be | ||||||
| 15 | considered a part of the fine for purposes of any reduction in | ||||||
| 16 | the fine for
time served either before or after sentencing. Not | ||||||
| 17 | later than March 1 of each
year the Circuit Clerk shall submit | ||||||
| 18 | a report of the amount of funds remitted to
the State Treasurer | ||||||
| 19 | under this subsection during the preceding calendar
year.
| ||||||
| 20 | (c) In addition to any other fines and court costs assessed | ||||||
| 21 | by the courts,
any person convicted for a violation of Sections | ||||||
| 22 | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or a | ||||||
| 23 | person sentenced for a violation of the Cannabis
Control Act, | ||||||
| 24 | the Illinois Controlled Substances Act, or the Methamphetamine | ||||||
| 25 | Control and Community Protection Act
shall pay an additional | ||||||
| 26 | fee of $100 to the clerk
of the circuit court. This amount, | ||||||
| |||||||
| |||||||
| 1 | less
2 1/2% that shall be used to defray administrative costs | ||||||
| 2 | incurred by the clerk,
shall be remitted by the clerk to the | ||||||
| 3 | Treasurer within 60 days after receipt
for deposit into the | ||||||
| 4 | Trauma Center Fund. This additional fee of $100 shall not
be | ||||||
| 5 | considered a part of the fine for purposes of any reduction in | ||||||
| 6 | the fine for
time served either before or after sentencing. Not | ||||||
| 7 | later than March 1 of each
year the Circuit Clerk shall submit | ||||||
| 8 | a report of the amount of funds remitted to
the State Treasurer | ||||||
| 9 | under this subsection during the preceding calendar year.
| ||||||
| 10 | (c-1) In addition to any other fines and court costs | ||||||
| 11 | assessed by the
courts, any person sentenced for a violation of | ||||||
| 12 | the Cannabis Control Act,
the Illinois Controlled Substances | ||||||
| 13 | Act, or the Methamphetamine Control and Community Protection | ||||||
| 14 | Act shall pay an additional fee of $5 to the
clerk of the | ||||||
| 15 | circuit court. This amount, less 2 1/2% that shall be used to
| ||||||
| 16 | defray administrative costs incurred by the clerk, shall be | ||||||
| 17 | remitted by the
clerk to the Treasurer within 60 days after | ||||||
| 18 | receipt for deposit into the Spinal
Cord Injury Paralysis Cure | ||||||
| 19 | Research Trust Fund. This additional fee of $5
shall not be | ||||||
| 20 | considered a part of the fine for purposes of any reduction in | ||||||
| 21 | the
fine for time served either before or after sentencing. Not | ||||||
| 22 | later than March 1
of each year the Circuit Clerk shall submit | ||||||
| 23 | a report of the amount of funds
remitted to the State Treasurer | ||||||
| 24 | under this subsection during the preceding
calendar year.
| ||||||
| 25 | (d) The following amounts must be remitted to the State | ||||||
| 26 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| ||||||
| |||||||
| |||||||
| 1 | (1) 50% of the amounts collected for felony offenses | ||||||
| 2 | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||||||
| 3 | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||||||
| 4 | Animals Act and Section 26-5 of the Criminal Code of
1961;
| ||||||
| 5 | (2) 20% of the amounts collected for Class A and Class | ||||||
| 6 | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||||||
| 7 | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||||||
| 8 | for Animals Act and Section 26-5 of the Criminal
Code of | ||||||
| 9 | 1961; and
| ||||||
| 10 | (3) 50% of the amounts collected for Class C | ||||||
| 11 | misdemeanors under Sections
4.01 and 7.1 of the Humane Care | ||||||
| 12 | for Animals Act and Section 26-5 of the
Criminal Code of | ||||||
| 13 | 1961.
| ||||||
| 14 | (e) Any person who receives a disposition of court | ||||||
| 15 | supervision for a violation of the Illinois Vehicle Code or a | ||||||
| 16 | similar provision of a local ordinance shall, in addition to | ||||||
| 17 | any other fines, fees, and court costs, pay an additional fee | ||||||
| 18 | of $29 $20, to be disbursed as provided in Section 16-104c of | ||||||
| 19 | the Illinois Vehicle Code. In addition to the fee of $29 $20, | ||||||
| 20 | the person shall also pay a fee of $6 $5, if not waived by the | ||||||
| 21 | court. If this $6 $5 fee is collected, $5.50 $4.50 of the fee | ||||||
| 22 | shall be deposited into the Circuit Court Clerk Operation and | ||||||
| 23 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
| 24 | and 50 cents of the fee shall be deposited into the Prisoner | ||||||
| 25 | Review Board Vehicle and Equipment Fund in the State treasury.
| ||||||
| 26 | (f) This Section does not apply to the additional child | ||||||
| |||||||
| |||||||
| 1 | pornography fines assessed and collected under Section | ||||||
| 2 | 5-9-1.14 of the Unified Code of Corrections.
| ||||||
| 3 | (g)
Of the amounts collected as fines under subsection (b) | ||||||
| 4 | of Section 3-712 of the Illinois Vehicle Code, 99% shall be | ||||||
| 5 | deposited into the Illinois Military Family Relief Fund and 1% | ||||||
| 6 | shall be deposited into the Circuit Court Clerk Operation and | ||||||
| 7 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
| 8 | to be used to offset the costs incurred by the Circuit Court | ||||||
| 9 | Clerk in performing the additional duties required to collect | ||||||
| 10 | and disburse funds to entities of State and local government as | ||||||
| 11 | provided by law.
| ||||||
| 12 | (Source: P.A. 94-556, eff. 9-11-05; 94-1009, eff. 1-1-07; | ||||||
| 13 | 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428, eff. 8-24-07; | ||||||
| 14 | 95-600, eff. 6-1-08; 95-876, eff. 8-21-08.)
| ||||||
| 15 | Section 15. The Unified Code of Corrections is amended by | ||||||
| 16 | changing Section 5-6-1 as follows:
| ||||||
| 17 | (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
| ||||||
| 18 | Sec. 5-6-1. Sentences of Probation and of Conditional
| ||||||
| 19 | Discharge and Disposition of Supervision.
The General Assembly | ||||||
| 20 | finds that in order to protect the public, the
criminal justice | ||||||
| 21 | system must compel compliance with the conditions of probation
| ||||||
| 22 | by responding to violations with swift, certain and fair | ||||||
| 23 | punishments and
intermediate sanctions. The Chief Judge of each | ||||||
| 24 | circuit shall adopt a system of
structured, intermediate | ||||||
| |||||||
| |||||||
| 1 | sanctions for violations of the terms and conditions
of a | ||||||
| 2 | sentence of probation, conditional discharge or disposition of
| ||||||
| 3 | supervision.
| ||||||
| 4 | (a) Except where specifically prohibited by other
| ||||||
| 5 | provisions of this Code, the court shall impose a sentence
of | ||||||
| 6 | probation or conditional discharge upon an offender
unless, | ||||||
| 7 | having regard to the nature and circumstance of
the offense, | ||||||
| 8 | and to the history, character and condition
of the offender, | ||||||
| 9 | the court is of the opinion that:
| ||||||
| 10 | (1) his imprisonment or periodic imprisonment is | ||||||
| 11 | necessary
for the protection of the public; or
| ||||||
| 12 | (2) probation or conditional discharge would deprecate
| ||||||
| 13 | the seriousness of the offender's conduct and would be
| ||||||
| 14 | inconsistent with the ends of justice; or
| ||||||
| 15 | (3) a combination of imprisonment with concurrent or | ||||||
| 16 | consecutive probation when an offender has been admitted | ||||||
| 17 | into a drug court program under Section 20 of the Drug | ||||||
| 18 | Court Treatment Act is necessary for the protection of the | ||||||
| 19 | public and for the rehabilitation of the offender.
| ||||||
| 20 | The court shall impose as a condition of a sentence of | ||||||
| 21 | probation,
conditional discharge, or supervision, that the | ||||||
| 22 | probation agency may invoke any
sanction from the list of | ||||||
| 23 | intermediate sanctions adopted by the chief judge of
the | ||||||
| 24 | circuit court for violations of the terms and conditions of the | ||||||
| 25 | sentence of
probation, conditional discharge, or supervision, | ||||||
| 26 | subject to the provisions of
Section 5-6-4 of this Act.
| ||||||
| |||||||
| |||||||
| 1 | (b) The court may impose a sentence of conditional
| ||||||
| 2 | discharge for an offense if the court is of the opinion
that | ||||||
| 3 | neither a sentence of imprisonment nor of periodic
imprisonment | ||||||
| 4 | nor of probation supervision is appropriate.
| ||||||
| 5 | (b-1) Subsections (a) and (b) of this Section do not apply | ||||||
| 6 | to a defendant charged with a misdemeanor or felony under the | ||||||
| 7 | Illinois Vehicle Code or reckless homicide under Section 9-3 of | ||||||
| 8 | the Criminal Code of 1961 if the defendant within the past 12 | ||||||
| 9 | months has been convicted of or pleaded guilty to a misdemeanor | ||||||
| 10 | or felony under the Illinois Vehicle Code or reckless homicide | ||||||
| 11 | under Section 9-3 of the Criminal Code of 1961. | ||||||
| 12 | (c) The court may, upon a plea of guilty or a stipulation
| ||||||
| 13 | by the defendant of the facts supporting the charge or a
| ||||||
| 14 | finding of guilt, defer further proceedings and the
imposition | ||||||
| 15 | of a sentence, and enter an order for supervision of the | ||||||
| 16 | defendant,
if the defendant is not charged with: (i) a Class A | ||||||
| 17 | misdemeanor, as
defined by the following provisions of the | ||||||
| 18 | Criminal Code of 1961: Sections
11-9.1; 12-3.2; 12-15; 26-5; | ||||||
| 19 | 31-1; 31-6; 31-7; subsections (b) and (c) of Section
21-1;
| ||||||
| 20 | paragraph (1) through (5), (8), (10), and (11) of subsection | ||||||
| 21 | (a) of Section
24-1; (ii) a Class A misdemeanor violation of | ||||||
| 22 | Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals | ||||||
| 23 | Act; or (iii)
a felony.
If the defendant
is not barred from | ||||||
| 24 | receiving an order for supervision as provided in this
| ||||||
| 25 | subsection, the court may enter an order for supervision after | ||||||
| 26 | considering the
circumstances of the offense, and the history,
| ||||||
| |||||||
| |||||||
| 1 | character and condition of the offender, if the court is of the | ||||||
| 2 | opinion
that:
| ||||||
| 3 | (1) the offender is not likely to commit further | ||||||
| 4 | crimes;
| ||||||
| 5 | (2) the defendant and the public would be best served | ||||||
| 6 | if the
defendant were not to receive a criminal record; and
| ||||||
| 7 | (3) in the best interests of justice an order of | ||||||
| 8 | supervision
is more appropriate than a sentence otherwise | ||||||
| 9 | permitted under this Code.
| ||||||
| 10 | (c-5) Subsections (a), (b), and (c) of this Section do not | ||||||
| 11 | apply to a defendant charged with a second or subsequent | ||||||
| 12 | violation of Section 6-303 of the Illinois Vehicle Code | ||||||
| 13 | committed while his or her driver's license, permit or | ||||||
| 14 | privileges were revoked because of a violation of Section 9-3 | ||||||
| 15 | of the Criminal Code of 1961, relating to the offense of | ||||||
| 16 | reckless homicide, or a similar provision of a law of another | ||||||
| 17 | state.
| ||||||
| 18 | (d) The provisions of paragraph (c) shall not apply to a | ||||||
| 19 | defendant charged
with violating Section 11-501 of the Illinois | ||||||
| 20 | Vehicle Code or a similar
provision of a local
ordinance when | ||||||
| 21 | the defendant has previously been:
| ||||||
| 22 | (1) convicted for a violation of Section 11-501 of
the | ||||||
| 23 | Illinois Vehicle
Code or a similar provision of a
local | ||||||
| 24 | ordinance or any similar law or ordinance of another state; | ||||||
| 25 | or
| ||||||
| 26 | (2) assigned supervision for a violation of Section | ||||||
| |||||||
| |||||||
| 1 | 11-501 of the Illinois
Vehicle Code or a similar provision | ||||||
| 2 | of a local ordinance or any similar law
or ordinance of | ||||||
| 3 | another state; or
| ||||||
| 4 | (3) pleaded guilty to or stipulated to the facts | ||||||
| 5 | supporting
a charge or a finding of guilty to a violation | ||||||
| 6 | of Section 11-503 of the
Illinois Vehicle Code or a similar | ||||||
| 7 | provision of a local ordinance or any
similar law or | ||||||
| 8 | ordinance of another state, and the
plea or stipulation was | ||||||
| 9 | the result of a plea agreement.
| ||||||
| 10 | The court shall consider the statement of the prosecuting
| ||||||
| 11 | authority with regard to the standards set forth in this | ||||||
| 12 | Section.
| ||||||
| 13 | (e) The provisions of paragraph (c) shall not apply to a | ||||||
| 14 | defendant
charged with violating Section 16A-3 of the Criminal | ||||||
| 15 | Code of 1961 if said
defendant has within the last 5 years | ||||||
| 16 | been:
| ||||||
| 17 | (1) convicted for a violation of Section 16A-3 of the | ||||||
| 18 | Criminal Code of
1961; or
| ||||||
| 19 | (2) assigned supervision for a violation of Section | ||||||
| 20 | 16A-3 of the Criminal
Code of 1961.
| ||||||
| 21 | The court shall consider the statement of the prosecuting | ||||||
| 22 | authority with
regard to the standards set forth in this | ||||||
| 23 | Section.
| ||||||
| 24 | (f) The provisions of paragraph (c) shall not apply to a | ||||||
| 25 | defendant
charged with violating Sections 15-111, 15-112, | ||||||
| 26 | 15-301, paragraph (b)
of Section 6-104, Section 11-605, Section | ||||||
| |||||||
| |||||||
| 1 | 11-1002.5, or Section 11-1414
of the Illinois Vehicle Code or a | ||||||
| 2 | similar provision of a local ordinance.
| ||||||
| 3 | (g) Except as otherwise provided in paragraph (i) of this | ||||||
| 4 | Section, the
provisions of paragraph (c) shall not apply to a
| ||||||
| 5 | defendant charged with violating Section
3-707, 3-708, 3-710, | ||||||
| 6 | or 5-401.3
of the Illinois Vehicle Code or a similar provision | ||||||
| 7 | of a local ordinance if the
defendant has within the last 5 | ||||||
| 8 | years been:
| ||||||
| 9 | (1) convicted for a violation of Section 3-707, 3-708, | ||||||
| 10 | 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | ||||||
| 11 | provision of a local
ordinance; or
| ||||||
| 12 | (2) assigned supervision for a violation of Section | ||||||
| 13 | 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle | ||||||
| 14 | Code or a similar provision of a local
ordinance.
| ||||||
| 15 | The court shall consider the statement of the prosecuting | ||||||
| 16 | authority with
regard to the standards set forth in this | ||||||
| 17 | Section.
| ||||||
| 18 | (h) The provisions of paragraph (c) shall not apply to a | ||||||
| 19 | defendant under
the age of 21 years charged with violating a | ||||||
| 20 | serious traffic offense as defined
in Section 1-187.001 of the | ||||||
| 21 | Illinois Vehicle Code:
| ||||||
| 22 | (1) unless the defendant, upon payment of the fines, | ||||||
| 23 | penalties, and costs
provided by law, agrees to attend and | ||||||
| 24 | successfully complete a traffic safety
program approved by | ||||||
| 25 | the court under standards set by the Conference of Chief
| ||||||
| 26 | Circuit Judges. The accused shall be responsible for | ||||||
| |||||||
| |||||||
| 1 | payment of any traffic
safety program fees. If the accused | ||||||
| 2 | fails to file a certificate of
successful completion on or | ||||||
| 3 | before the termination date of the supervision
order, the | ||||||
| 4 | supervision shall be summarily revoked and conviction | ||||||
| 5 | entered. The
provisions of Supreme Court Rule 402 relating | ||||||
| 6 | to pleas of guilty do not apply
in cases when a defendant | ||||||
| 7 | enters a guilty plea under this provision; or
| ||||||
| 8 | (2) if the defendant has previously been sentenced | ||||||
| 9 | under the provisions of
paragraph (c) on or after January | ||||||
| 10 | 1, 1998 for any serious traffic offense as
defined in | ||||||
| 11 | Section 1-187.001 of the Illinois Vehicle Code.
| ||||||
| 12 | (h-1) The provisions of paragraph (c) shall not apply to a | ||||||
| 13 | defendant under the age of 21 years charged with an offense | ||||||
| 14 | against traffic regulations governing the movement of vehicles | ||||||
| 15 | or any violation of Section 6-107 or Section 12-603.1 of the | ||||||
| 16 | Illinois Vehicle Code, unless the defendant, upon payment of | ||||||
| 17 | the fines, penalties, and costs provided by law, agrees to | ||||||
| 18 | attend and successfully complete a traffic safety program | ||||||
| 19 | approved by the court under standards set by the Conference of | ||||||
| 20 | Chief Circuit Judges. The accused shall be responsible for | ||||||
| 21 | payment of any traffic safety program fees. If the accused | ||||||
| 22 | fails to file a certificate of successful completion on or | ||||||
| 23 | before the termination date of the supervision order, the | ||||||
| 24 | supervision shall be summarily revoked and conviction entered. | ||||||
| 25 | The provisions of Supreme Court Rule 402 relating to pleas of | ||||||
| 26 | guilty do not apply in cases when a defendant enters a guilty | ||||||
| |||||||
| |||||||
| 1 | plea under this provision.
| ||||||
| 2 | (i) The provisions of paragraph (c) shall not apply to a | ||||||
| 3 | defendant charged
with violating Section 3-707 of the Illinois | ||||||
| 4 | Vehicle Code or a similar
provision of a local ordinance if the | ||||||
| 5 | defendant has been assigned supervision
for a violation of | ||||||
| 6 | Section 3-707 of the Illinois Vehicle Code or a similar
| ||||||
| 7 | provision of a local ordinance.
| ||||||
| 8 | (j) The provisions of paragraph (c) shall not apply to a
| ||||||
| 9 | defendant charged with violating
Section 6-303 of the Illinois | ||||||
| 10 | Vehicle Code or a similar provision of
a local ordinance when | ||||||
| 11 | the revocation or suspension was for a violation of
Section | ||||||
| 12 | 11-501 or a similar provision of a local ordinance or a | ||||||
| 13 | violation of
Section 11-501.1 or paragraph (b) of Section | ||||||
| 14 | 11-401 of the Illinois Vehicle
Code if the
defendant has within | ||||||
| 15 | the last 10 years been:
| ||||||
| 16 | (1) convicted for a violation of Section 6-303 of the | ||||||
| 17 | Illinois Vehicle
Code or a similar provision of a local | ||||||
| 18 | ordinance; or
| ||||||
| 19 | (2) assigned supervision for a violation of Section | ||||||
| 20 | 6-303 of the Illinois
Vehicle Code or a similar provision | ||||||
| 21 | of a local ordinance. | ||||||
| 22 | (k) The provisions of paragraph (c) shall not apply to a
| ||||||
| 23 | defendant charged with violating
any provision of the Illinois | ||||||
| 24 | Vehicle Code or a similar provision of a local ordinance that | ||||||
| 25 | governs the movement of vehicles if, within the 12 months | ||||||
| 26 | preceding the date of the defendant's arrest, the defendant has | ||||||
| |||||||
| |||||||
| 1 | been assigned court supervision on 2 occasions for a violation | ||||||
| 2 | that governs the movement of vehicles under the Illinois | ||||||
| 3 | Vehicle Code or a similar provision of a local ordinance.
| ||||||
| 4 | (l) A defendant charged with violating any provision of the | ||||||
| 5 | Illinois Vehicle Code or a similar provision of a local | ||||||
| 6 | ordinance who, after a court appearance in the same matter, | ||||||
| 7 | receives a disposition of supervision under subsection (c) | ||||||
| 8 | shall pay an additional fee of $29 $20, to be collected as | ||||||
| 9 | provided in Sections 27.5 and 27.6 of the Clerks of Courts Act. | ||||||
| 10 | In addition to the $29 $20 fee, the person shall also pay a fee | ||||||
| 11 | of $6 $5, which, if not waived by the court, shall be collected | ||||||
| 12 | as provided in Sections 27.5 and 27.6 of the Clerks of Courts | ||||||
| 13 | Act. The $29 $20 fee shall be disbursed as provided in Section | ||||||
| 14 | 16-104c of the Illinois Vehicle Code. If the $6 $5 fee is | ||||||
| 15 | collected, $5.50 $4.50 of the fee shall be deposited into the | ||||||
| 16 | Circuit Court Clerk Operation and Administrative Fund created | ||||||
| 17 | by the Clerk of the Circuit Court and 50 cents of the fee shall | ||||||
| 18 | be deposited into the Prisoner Review Board Vehicle and | ||||||
| 19 | Equipment Fund in the State treasury.
| ||||||
| 20 | (m) Any person convicted of or pleading guilty to a serious | ||||||
| 21 | traffic violation, as defined in Section 1-187.001 of the | ||||||
| 22 | Illinois Vehicle Code, shall pay an additional fee of $20, to | ||||||
| 23 | be disbursed as provided in Section 16-104d of that Code. | ||||||
| 24 | This subsection (m) becomes inoperative 7 years after | ||||||
| 25 | October 13, 2007 (the effective date of Public Act 95-154).
| ||||||
| 26 | (n)
The provisions of paragraph (c) shall not apply to any | ||||||
| |||||||
| |||||||
| 1 | person under the age of 18 who commits an offense against | ||||||
| 2 | traffic regulations governing the movement of vehicles or any | ||||||
| 3 | violation of Section 6-107 or Section 12-603.1 of the Illinois | ||||||
| 4 | Vehicle Code, except upon personal appearance of the defendant | ||||||
| 5 | in court and upon the written consent of the defendant's parent | ||||||
| 6 | or legal guardian, executed before the presiding judge. The | ||||||
| 7 | presiding judge shall have the authority to waive this | ||||||
| 8 | requirement upon the showing of good cause by the defendant.
| ||||||
| 9 | (o)
The provisions of paragraph (c) shall not apply to a | ||||||
| 10 | defendant charged with violating Section 6-303 of the Illinois | ||||||
| 11 | Vehicle Code or a similar provision of a local ordinance when | ||||||
| 12 | the suspension was for a violation of Section 11-501.1 of the | ||||||
| 13 | Illinois Vehicle Code and when: | ||||||
| 14 | (1) at the time of the violation of Section 11-501.1 of | ||||||
| 15 | the Illinois Vehicle Code, the defendant was a first | ||||||
| 16 | offender pursuant to Section 11-500 of the Illinois Vehicle | ||||||
| 17 | Code and the defendant failed to obtain a monitoring device | ||||||
| 18 | driving permit; or | ||||||
| 19 | (2) at the time of the violation of Section 11-501.1 of | ||||||
| 20 | the Illinois Vehicle Code, the defendant was a first | ||||||
| 21 | offender pursuant to Section 11-500 of the Illinois Vehicle | ||||||
| 22 | Code, had subsequently obtained a monitoring device | ||||||
| 23 | driving permit, but was driving a vehicle not equipped with | ||||||
| 24 | a breath alcohol ignition interlock device as defined in | ||||||
| 25 | Section 1-129.1 of the Illinois Vehicle Code.
| ||||||
| 26 | (Source: P.A. 94-169, eff. 1-1-06; 94-330, eff. 1-1-06; 94-375, | ||||||
| |||||||
| |||||||
| 1 | eff. 1-1-06; 94-1009, eff. 1-1-07; 95-154, eff. 10-13-07; | ||||||
| 2 | 95-302, eff. 1-1-08; 95-310, eff. 1-1-08; 95-377, eff. 1-1-08; | ||||||
| 3 | 95-400, eff. 1-1-09; 95-428, 8-24-07; 95-876, eff. 8-21-08; | ||||||
| 4 | revised 10-30-08.)
| ||||||
