Bill Text: IL SB1862 | 2019-2020 | 101st General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Dedicates the Act to the memory of Lieutenant Scott Gillen, Trooper Brooke Jones-Story, and Trooper Christopher Lambert. Amends the State Finance Act. Creates the Scott's Law Fund as a special fund in the State treasury. Amends the Illinois Vehicle Code. Provides that, when approaching a stationary authorized emergency vehicle, if changing lanes would be impossible or unsafe, a person shall proceed with due caution, reduce the speed of the vehicle maintaining a safe speed for road conditions and leaving a safe distance until safely past the stationary vehicles. Provides that, when approaching a disabled vehicle with lighted hazard lights on a highway having at least 4 lanes, of which at least 2 are proceeding in the same direction, a driver of a vehicle shall, proceeding with due caution, yield the right-of-way by making a lane change into a lane not adjacent to that of the disabled vehicle, if possible with due regard to safety and traffic conditions, or, if changing lanes would be impossible or unsafe proceeding with due caution, reduce the speed of the vehicle, maintaining a safe speed for road conditions and leaving a safe distance until safely past the stationary vehicles. Provides that a person who violates provisions prescribing how to safely approach an authorized emergency vehicle commits a business offense punishable by a minimum fine of $250 and not more than $10,000 for the first violation and a fine of not less than $750 or more than $10,000 for the second or subsequent violation (instead of a fine of not less than $100 or more than $10,000), and (i) if the violation results in damage to another vehicle, the person commits a Class A misdemeanor; and (ii) if the violation results in the injury or death of another person, the person commits a Class 4 felony. Provides that commission of the offense of reckless homicide while committing a violation of the Section concerning proper approach of a stationary authorized emergency vehicle shall be afforded as a factor in aggravation and extended-term sentencing. Provides that the Director of the State Police shall use all moneys in the Scott's Law Fund in the Department's discretion to fund the production of materials to educate drivers on approaching stationary authorized emergency vehicles, to hire off-duty Department of State Police for enforcement of the Section concerning proper approach of a stationary authorized emergency vehicle, and for other law enforcement purposes the Director deems necessary for such efforts. Provides that, for violations issued by a county or municipal police officer, the assessment shall be deposited into the county or municipality's Transportation Safety Highway Hire-back Fund to hire off-duty county police officers to monitor construction or maintenance zones in that county on highways other than interstate highways. Provides that the county, in its discretion, may also use a portion of the moneys in its Transportation Safety Highway Hire-back Fund to purchase equipment for county law enforcement and fund the production of materials to educate drivers on construction zone safe driving habits and approaching stationary authorized emergency vehicles. Amends the Criminal and Traffic Assessment Act. Imposes a conditional assessment of $250 for a violation of provisions prescribing how to safely approach an authorized emergency vehicle. Amends the Criminal Code of 2012. Provides that a person who commits reckless homicide while violating provisions prescribing how to safely approach an authorized emergency vehicle shall be sentenced to a term of not less than 3 years and not more than 14 years, or, if the person caused the deaths of 2 or more persons, not less than 6 years and not more than 28 years. Makes other changes. Amends the Unified Code of Corrections. Provides that a person charged with violating provisions prescribing how to safely approach an authorized emergency vehicle is not eligible for supervision.
Spectrum: Slight Partisan Bill (Democrat 58-33)
Status: (Passed) 2019-07-30 - Public Act . . . . . . . . . 101-0173 [SB1862 Detail]
Download: Illinois-2019-SB1862-Enrolled.html
Bill Title: Dedicates the Act to the memory of Lieutenant Scott Gillen, Trooper Brooke Jones-Story, and Trooper Christopher Lambert. Amends the State Finance Act. Creates the Scott's Law Fund as a special fund in the State treasury. Amends the Illinois Vehicle Code. Provides that, when approaching a stationary authorized emergency vehicle, if changing lanes would be impossible or unsafe, a person shall proceed with due caution, reduce the speed of the vehicle maintaining a safe speed for road conditions and leaving a safe distance until safely past the stationary vehicles. Provides that, when approaching a disabled vehicle with lighted hazard lights on a highway having at least 4 lanes, of which at least 2 are proceeding in the same direction, a driver of a vehicle shall, proceeding with due caution, yield the right-of-way by making a lane change into a lane not adjacent to that of the disabled vehicle, if possible with due regard to safety and traffic conditions, or, if changing lanes would be impossible or unsafe proceeding with due caution, reduce the speed of the vehicle, maintaining a safe speed for road conditions and leaving a safe distance until safely past the stationary vehicles. Provides that a person who violates provisions prescribing how to safely approach an authorized emergency vehicle commits a business offense punishable by a minimum fine of $250 and not more than $10,000 for the first violation and a fine of not less than $750 or more than $10,000 for the second or subsequent violation (instead of a fine of not less than $100 or more than $10,000), and (i) if the violation results in damage to another vehicle, the person commits a Class A misdemeanor; and (ii) if the violation results in the injury or death of another person, the person commits a Class 4 felony. Provides that commission of the offense of reckless homicide while committing a violation of the Section concerning proper approach of a stationary authorized emergency vehicle shall be afforded as a factor in aggravation and extended-term sentencing. Provides that the Director of the State Police shall use all moneys in the Scott's Law Fund in the Department's discretion to fund the production of materials to educate drivers on approaching stationary authorized emergency vehicles, to hire off-duty Department of State Police for enforcement of the Section concerning proper approach of a stationary authorized emergency vehicle, and for other law enforcement purposes the Director deems necessary for such efforts. Provides that, for violations issued by a county or municipal police officer, the assessment shall be deposited into the county or municipality's Transportation Safety Highway Hire-back Fund to hire off-duty county police officers to monitor construction or maintenance zones in that county on highways other than interstate highways. Provides that the county, in its discretion, may also use a portion of the moneys in its Transportation Safety Highway Hire-back Fund to purchase equipment for county law enforcement and fund the production of materials to educate drivers on construction zone safe driving habits and approaching stationary authorized emergency vehicles. Amends the Criminal and Traffic Assessment Act. Imposes a conditional assessment of $250 for a violation of provisions prescribing how to safely approach an authorized emergency vehicle. Amends the Criminal Code of 2012. Provides that a person who commits reckless homicide while violating provisions prescribing how to safely approach an authorized emergency vehicle shall be sentenced to a term of not less than 3 years and not more than 14 years, or, if the person caused the deaths of 2 or more persons, not less than 6 years and not more than 28 years. Makes other changes. Amends the Unified Code of Corrections. Provides that a person charged with violating provisions prescribing how to safely approach an authorized emergency vehicle is not eligible for supervision.
Spectrum: Slight Partisan Bill (Democrat 58-33)
Status: (Passed) 2019-07-30 - Public Act . . . . . . . . . 101-0173 [SB1862 Detail]
Download: Illinois-2019-SB1862-Enrolled.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 1. This Act is dedicated to the memory of | ||||||
5 | Lieutenant Scott Gillen, Trooper Brooke Jones-Story, Trooper | ||||||
6 | Christopher Lambert, and all others who paid the ultimate | ||||||
7 | sacrifice while serving in the line of duty.
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8 | Section 5. The State Finance Act is amended by adding | ||||||
9 | Section 5.891 as follows:
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10 | (30 ILCS 105/5.891 new) | ||||||
11 | Sec. 5.891. The Scott's Law Fund.
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12 | Section 10. The Illinois Vehicle Code is amended by | ||||||
13 | changing Sections 11-709, 11-907, and 11-907.5 as follows:
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14 | (625 ILCS 5/11-709) (from Ch. 95 1/2, par. 11-709)
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15 | Sec. 11-709. Driving on roadways laned for traffic. | ||||||
16 | Whenever any roadway has been divided into 2 or more clearly | ||||||
17 | marked
lanes for traffic the following rules in addition to all | ||||||
18 | others consistent
herewith shall apply.
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19 | (a) A vehicle shall be driven as nearly as practicable | ||||||
20 | entirely within a
single lane and shall not be moved from such |
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1 | lane until the driver has
first ascertained that such movement | ||||||
2 | can be made with safety.
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3 | (b) Upon a roadway which is divided into 3 lanes and | ||||||
4 | provides for
two-way movement of traffic, a vehicle shall not | ||||||
5 | be driven in the center
lane except when overtaking and passing | ||||||
6 | another vehicle traveling in the
same direction when such | ||||||
7 | center lane is clear of traffic within a safe
distance, or in | ||||||
8 | preparation for making a left turn or where such center
lane is | ||||||
9 | at the time allocated exclusively to traffic moving in the same
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10 | direction that the vehicle is proceeding and such allocation is | ||||||
11 | designated
by official traffic control devices.
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12 | (c) Official traffic control devices may be erected | ||||||
13 | directing specific
traffic to use a designated lane or | ||||||
14 | designating those lanes to be used by
traffic moving in a | ||||||
15 | particular direction regardless of the center of the
roadway | ||||||
16 | and drivers of vehicles shall obey the directions of every such
| ||||||
17 | device. On multi-lane controlled access
highways with 3 or more | ||||||
18 | lanes in one
direction or on any multi-laned highway with 2 or | ||||||
19 | more lanes in one
direction, the Department may designate lanes | ||||||
20 | of traffic to be used by
different types of motor vehicles.
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21 | Drivers must obey lane designation signing except when it is | ||||||
22 | necessary to
use a different lane to make a turning maneuver.
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23 | (d) Official traffic control devices may be installed | ||||||
24 | prohibiting the
changing of lanes on sections of roadway and | ||||||
25 | drivers of vehicles shall obey
the directions of every such | ||||||
26 | device.
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1 | (e) A person is not in violation of this Section if he or | ||||||
2 | she is complying with Section 11-907, 11-907.5, or 11-908. | ||||||
3 | (Source: P.A. 84-1311.)
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4 | (625 ILCS 5/11-907) (from Ch. 95 1/2, par. 11-907)
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5 | Sec. 11-907. Operation of vehicles and streetcars on | ||||||
6 | approach of authorized
emergency
vehicles. | ||||||
7 | (a) Upon the immediate approach of an authorized emergency | ||||||
8 | vehicle
making use of audible and visual signals meeting the | ||||||
9 | requirements of this
Code or a police vehicle properly and | ||||||
10 | lawfully making use of an audible
or visual signal:
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11 | (1) the driver of every other vehicle
shall yield the | ||||||
12 | right-of-way and shall immediately drive to a position
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13 | parallel to, and as close as possible to, the right-hand | ||||||
14 | edge or curb of
the highway clear of any intersection and | ||||||
15 | shall, if necessary to permit
the safe passage of the | ||||||
16 | emergency vehicle, stop and remain
in such position until | ||||||
17 | the authorized emergency vehicle has passed, unless
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18 | otherwise directed by a police officer; and
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19 | (2) the operator of every streetcar shall
immediately | ||||||
20 | stop such
car clear of any intersection and keep it in such | ||||||
21 | position until the
authorized emergency vehicle has | ||||||
22 | passed, unless otherwise
directed by
a police officer.
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23 | (b) This Section shall not operate to relieve the driver of | ||||||
24 | an
authorized emergency vehicle from the duty to drive with due | ||||||
25 | regard for the
safety of all persons using the highway.
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1 | (c) Upon approaching a stationary authorized emergency | ||||||
2 | vehicle, when the
authorized emergency vehicle is giving a | ||||||
3 | signal by displaying alternately
flashing
red, red and white, | ||||||
4 | blue, or red and blue lights or amber or yellow warning
lights, | ||||||
5 | a
person who drives an approaching vehicle shall:
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6 | (1) proceeding with due caution, yield the | ||||||
7 | right-of-way by making a
lane change into a lane not | ||||||
8 | adjacent to that of the authorized
emergency vehicle, if | ||||||
9 | possible with due regard to safety and traffic
conditions, | ||||||
10 | if on a highway having at least 4 lanes with not less
than | ||||||
11 | 2 lanes proceeding in the same direction as the approaching
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12 | vehicle; or
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13 | (2) if changing lanes would be impossible or unsafe, | ||||||
14 | proceeding with due caution, reduce the speed of the | ||||||
15 | vehicle,
maintaining a safe speed for road conditions and | ||||||
16 | leaving a safe distance until safely past the stationary | ||||||
17 | vehicles , if changing lanes
would be impossible or unsafe .
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18 | As used in this subsection (c), "authorized emergency | ||||||
19 | vehicle"
includes any vehicle authorized by law to be equipped | ||||||
20 | with oscillating,
rotating, or flashing lights under Section | ||||||
21 | 12-215 of this Code, while the owner
or operator of the vehicle | ||||||
22 | is engaged in his or her official duties.
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23 | (d) A person who violates subsection (c) of this Section | ||||||
24 | commits a business
offense punishable by a fine of not less | ||||||
25 | than $250 or more than $10,000 for a first violation, and a | ||||||
26 | fine of not less than $750 or more than $10,000 for a second or |
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1 | subsequent violation not less than $100 or more than $10,000 . | ||||||
2 | It is a factor in
aggravation if the person committed the | ||||||
3 | offense while in violation of Section
11-501 of this Code. | ||||||
4 | Imposition of the penalties authorized by this subsection (d) | ||||||
5 | for a violation of subsection (c) of this Section that results | ||||||
6 | in the death of
another person does not preclude imposition of | ||||||
7 | appropriate additional civil or criminal penalties. A person | ||||||
8 | who violates subsection (c) and the violation results in damage | ||||||
9 | to another vehicle commits a Class A misdemeanor. A person who | ||||||
10 | violates subsection (c) and the violation results in the injury | ||||||
11 | or death of another person commits a Class 4 felony.
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12 | (e) If a violation of subsection (c) of this Section | ||||||
13 | results in damage to
the
property of another person, in | ||||||
14 | addition to any other penalty imposed,
the person's driving | ||||||
15 | privileges shall be suspended for a fixed
period of not less | ||||||
16 | than 90 days and not more than one year.
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17 | (f) If a violation of subsection (c) of this Section | ||||||
18 | results in injury to
another
person, in addition to any other | ||||||
19 | penalty imposed,
the person's driving privileges shall be | ||||||
20 | suspended for a fixed period of not
less
than 180
days and not | ||||||
21 | more than 2 years.
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22 | (g) If a violation of subsection (c) of this Section | ||||||
23 | results in the death of
another person, in addition to any | ||||||
24 | other penalty imposed,
the person's driving privileges shall be | ||||||
25 | suspended for 2 years.
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26 | (h) The Secretary of State shall, upon receiving a record |
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1 | of a judgment
entered against a person under subsection (c) of | ||||||
2 | this Section:
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3 | (1) suspend the person's driving privileges for the | ||||||
4 | mandatory period; or
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5 | (2) extend the period of an existing suspension by the | ||||||
6 | appropriate
mandatory period.
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7 | (i) The Scott's Law Fund shall be a special fund in the | ||||||
8 | State treasury. Subject to appropriation by the General | ||||||
9 | Assembly and approval by the Director, the Director of the | ||||||
10 | State Police shall use all moneys in the Scott's Law Fund in | ||||||
11 | the Department's discretion to fund the production of materials | ||||||
12 | to educate drivers on approaching stationary authorized | ||||||
13 | emergency vehicles, to hire off-duty Department of State Police | ||||||
14 | for enforcement of this Section, and for other law enforcement | ||||||
15 | purposes the Director deems necessary in these efforts. | ||||||
16 | (j) For violations of this Section issued by a county or | ||||||
17 | municipal police officer, the assessment shall be deposited | ||||||
18 | into the county's or municipality's Transportation Safety | ||||||
19 | Highway Hire-back Fund. The county shall use the moneys in its | ||||||
20 | Transportation Safety Highway Hire-back Fund to hire off-duty | ||||||
21 | county police officers to monitor construction or maintenance | ||||||
22 | zones in that county on highways other than interstate | ||||||
23 | highways. The county, in its discretion, may also use a portion | ||||||
24 | of the moneys in its Transportation Safety Highway Hire-back | ||||||
25 | Fund to purchase equipment for county law enforcement and fund | ||||||
26 | the production of materials to educate drivers on construction |
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1 | zone safe driving habits and approaching stationary authorized | ||||||
2 | emergency vehicles. | ||||||
3 | (Source: P.A. 100-201, eff. 8-18-17.)
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4 | (625 ILCS 5/11-907.5) | ||||||
5 | Sec. 11-907.5. Approaching disabled vehicles. | ||||||
6 | (a) Upon approaching a disabled vehicle with lighted hazard | ||||||
7 | lights on a highway having at least 4 lanes, of which at least | ||||||
8 | 2 are proceeding in the same direction, a driver of a vehicle | ||||||
9 | shall: | ||||||
10 | (1) proceeding with due caution, yield the | ||||||
11 | right-of-way by making a lane change into a lane not | ||||||
12 | adjacent to that of the disabled vehicle, if possible with | ||||||
13 | due regard to safety and traffic conditions make a lane | ||||||
14 | change into a lane not adjacent to that disabled vehicle, | ||||||
15 | if possible with due regard to safety and traffic | ||||||
16 | conditions ; or | ||||||
17 | (2) if changing lanes would be impossible or unsafe | ||||||
18 | proceeding with due caution, reduce the speed of the | ||||||
19 | vehicle, maintaining a safe speed for road conditions and | ||||||
20 | leaving a safe distance until safely past the stationary | ||||||
21 | vehicles proceeding with due caution, reduce the speed of | ||||||
22 | the vehicle, maintaining a safe speed for road conditions, | ||||||
23 | if changing lanes would be impossible or unsafe . | ||||||
24 | (b) A person who violates subsection (a) of this Section | ||||||
25 | commits a petty offense.
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1 | (Source: P.A. 99-681, eff. 1-1-17 .)
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2 | Section 15. The Criminal and Traffic Assessment Act is | ||||||
3 | amended by changing Section 15-70 as follows:
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4 | (705 ILCS 135/15-70) | ||||||
5 | (This Section may contain text from a Public Act with a | ||||||
6 | delayed effective date )
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7 | (Section scheduled to be repealed on January 1, 2021) | ||||||
8 | Sec. 15-70. Conditional assessments. In addition to | ||||||
9 | payments under one of the Schedule of Assessments 1 through 13 | ||||||
10 | of this Act, the court shall also order payment of any of the | ||||||
11 | following conditional assessment amounts for each sentenced | ||||||
12 | violation in the case to which a conditional assessment is | ||||||
13 | applicable, which shall be collected and remitted by the Clerk | ||||||
14 | of the Circuit Court as provided in this Section: | ||||||
15 | (1) arson, residential arson, or aggravated arson, | ||||||
16 | $500 per conviction to the State Treasurer for deposit into | ||||||
17 | the Fire Prevention Fund; | ||||||
18 | (2) child pornography under Section 11-20.1 of the | ||||||
19 | Criminal Code of 1961 or the Criminal Code of 2012, $500 | ||||||
20 | per conviction, unless more than one agency is responsible | ||||||
21 | for the arrest in which case the amount shall be remitted | ||||||
22 | to each unit of government equally: | ||||||
23 | (A) if the arresting agency is an agency of a unit | ||||||
24 | of local government, $500 to the treasurer of the unit |
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1 | of local government for deposit into the unit of local | ||||||
2 | government's General Fund, except that if the | ||||||
3 | Department of State Police provides digital or | ||||||
4 | electronic forensic examination assistance, or both, | ||||||
5 | to the arresting agency then $100 to the State | ||||||
6 | Treasurer for deposit into the State Crime Laboratory | ||||||
7 | Fund; or | ||||||
8 | (B) if the arresting agency is the Department of | ||||||
9 | State Police, $500 to the State Treasurer for deposit | ||||||
10 | into the State Crime Laboratory Fund; | ||||||
11 | (3)
crime laboratory drug analysis for a drug-related | ||||||
12 | offense involving possession or delivery of cannabis or | ||||||
13 | possession or delivery of a controlled substance as defined | ||||||
14 | in the Cannabis Control Act, the Illinois Controlled | ||||||
15 | Substances Act, or the Methamphetamine Control and | ||||||
16 | Community Protection Act, $100 reimbursement for | ||||||
17 | laboratory analysis, as set forth in subsection (f) of | ||||||
18 | Section 5-9-1.4 of the Unified Code of Corrections; | ||||||
19 | (4)
DNA analysis, $250 on each conviction in which it | ||||||
20 | was used to the State Treasurer for deposit into the State | ||||||
21 | Offender DNA Identification System Fund as set forth in | ||||||
22 | Section 5-4-3 of the Unified Code of Corrections; | ||||||
23 | (5)
DUI analysis, $150 on each sentenced violation in | ||||||
24 | which it was used as set forth in subsection (f) of Section | ||||||
25 | 5-9-1.9 of the Unified Code of Corrections; | ||||||
26 | (6) drug-related
offense involving possession or |
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1 | delivery of cannabis or possession or delivery
of a | ||||||
2 | controlled substance, other than methamphetamine, as | ||||||
3 | defined in the Cannabis Control Act
or the Illinois | ||||||
4 | Controlled Substances Act, an amount not less than
the full | ||||||
5 | street value of the cannabis or controlled substance seized | ||||||
6 | for each conviction to be disbursed as follows: | ||||||
7 | (A) 12.5% of the street value assessment shall be | ||||||
8 | paid into the Youth Drug Abuse Prevention Fund, to be | ||||||
9 | used by the Department of Human Services for the | ||||||
10 | funding of programs and services for drug-abuse | ||||||
11 | treatment, and prevention and education services; | ||||||
12 | (B) 37.5% to the county in which the charge was | ||||||
13 | prosecuted, to be deposited into the county General | ||||||
14 | Fund; | ||||||
15 | (C) 50% to the treasurer of the arresting law | ||||||
16 | enforcement agency of the municipality or county, or to | ||||||
17 | the State Treasurer if the arresting agency was a state | ||||||
18 | agency; | ||||||
19 | (D) if the arrest was made in combination with | ||||||
20 | multiple law enforcement agencies, the clerk shall | ||||||
21 | equitably allocate the portion in subparagraph (C) of | ||||||
22 | this paragraph (6) among the law enforcement agencies | ||||||
23 | involved in the arrest; | ||||||
24 | (6.5) Kane County or Will County, in felony, | ||||||
25 | misdemeanor, local or county ordinance, traffic, or | ||||||
26 | conservation cases, up to $30 as set by the county board |
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1 | under Section 5-1101.3 of the Counties Code upon the entry | ||||||
2 | of a judgment of conviction, an order of supervision, or a | ||||||
3 | sentence of probation without entry of judgment under | ||||||
4 | Section 10 of the Cannabis Control Act, Section 410 of the | ||||||
5 | Illinois Controlled Substances Act, Section 70 of the | ||||||
6 | Methamphetamine Control and Community Protection Act, | ||||||
7 | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of | ||||||
8 | the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
9 | Section 10-102 of the Illinois Alcoholism and Other Drug | ||||||
10 | Dependency Act, or Section 10 of the Steroid Control Act; | ||||||
11 | except in local or county ordinance, traffic, and | ||||||
12 | conservation cases, if fines are paid in full without a | ||||||
13 | court appearance, then the assessment shall not be imposed | ||||||
14 | or collected. Distribution of assessments collected under | ||||||
15 | this paragraph (6.5) shall be as provided in Section | ||||||
16 | 5-1101.3 of the Counties Code; | ||||||
17 | (7) methamphetamine-related
offense involving | ||||||
18 | possession or delivery of methamphetamine or any salt of an | ||||||
19 | optical isomer of methamphetamine or possession of a | ||||||
20 | methamphetamine manufacturing material as set forth in | ||||||
21 | Section 10 of the Methamphetamine Control and Community | ||||||
22 | Protection Act with the intent to manufacture a substance | ||||||
23 | containing methamphetamine or salt of an optical isomer of | ||||||
24 | methamphetamine, an amount not less than
the full street | ||||||
25 | value of the methamphetamine or salt of an optical isomer | ||||||
26 | of methamphetamine or methamphetamine manufacturing |
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1 | materials seized for each conviction to be disbursed as | ||||||
2 | follows: | ||||||
3 | (A) 12.5% of the street value assessment shall be | ||||||
4 | paid into the Youth Drug Abuse Prevention Fund, to be | ||||||
5 | used by the Department of Human Services for the | ||||||
6 | funding of programs and services for drug-abuse | ||||||
7 | treatment, and prevention and education services; | ||||||
8 | (B) 37.5% to the county in which the charge was | ||||||
9 | prosecuted, to be deposited into the county General | ||||||
10 | Fund; | ||||||
11 | (C) 50% to the treasurer of the arresting law | ||||||
12 | enforcement agency of the municipality or county, or to | ||||||
13 | the State Treasurer if the arresting agency was a state | ||||||
14 | agency; | ||||||
15 | (D) if the arrest was made in combination with | ||||||
16 | multiple law enforcement agencies, the clerk shall | ||||||
17 | equitably allocate the portion in subparagraph (C) of | ||||||
18 | this paragraph (6) among the law enforcement agencies | ||||||
19 | involved in the arrest; | ||||||
20 | (8)
order of protection violation under Section 12-3.4 | ||||||
21 | of the Criminal Code of 2012, $200 for each conviction to | ||||||
22 | the county treasurer for deposit into the Probation and | ||||||
23 | Court Services Fund for implementation of a domestic | ||||||
24 | violence surveillance program and any other assessments or | ||||||
25 | fees imposed under Section 5-9-1.16 of the Unified Code of | ||||||
26 | Corrections; |
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1 | (9)
order of protection violation, $25 for each | ||||||
2 | violation to the State Treasurer, for deposit into the | ||||||
3 | Domestic Violence Abuser Services Fund; | ||||||
4 | (10)
prosecution by the State's Attorney of a: | ||||||
5 | (A) petty or business offense, $4 to the county | ||||||
6 | treasurer of which $2 deposited into the State's | ||||||
7 | Attorney Records Automation Fund and $2 into the Public | ||||||
8 | Defender Records Automation Fund; | ||||||
9 | (B) conservation or traffic offense, $2 to the | ||||||
10 | county treasurer for deposit into the State's Attorney | ||||||
11 | Records Automation Fund; | ||||||
12 | (11) speeding in a construction zone violation, $250 to | ||||||
13 | the State Treasurer for deposit into the Transportation | ||||||
14 | Safety Highway Hire-back Fund, unless (i) the violation | ||||||
15 | occurred on a highway other than an interstate highway and | ||||||
16 | (ii) a county police officer wrote the ticket for the | ||||||
17 | violation, in which case to the county treasurer for | ||||||
18 | deposit into that county's Transportation Safety Highway | ||||||
19 | Hire-back Fund; | ||||||
20 | (12) supervision disposition on an offense under the | ||||||
21 | Illinois Vehicle Code or similar provision of a local | ||||||
22 | ordinance, 50 cents, unless waived by the court, into the | ||||||
23 | Prisoner Review Board Vehicle and Equipment Fund; | ||||||
24 | (13) victim and offender are family or household | ||||||
25 | members as defined in Section 103 of the Illinois Domestic | ||||||
26 | Violence Act of 1986 and offender pleads guilty
or no |
| |||||||
| |||||||
1 | contest to or is convicted of murder, voluntary | ||||||
2 | manslaughter,
involuntary manslaughter, burglary, | ||||||
3 | residential burglary, criminal trespass
to residence, | ||||||
4 | criminal trespass to vehicle, criminal trespass to land,
| ||||||
5 | criminal damage to property, telephone harassment, | ||||||
6 | kidnapping, aggravated
kidnaping, unlawful restraint, | ||||||
7 | forcible detention, child abduction,
indecent solicitation | ||||||
8 | of a child, sexual relations between siblings,
| ||||||
9 | exploitation of a child, child pornography, assault, | ||||||
10 | aggravated assault,
battery, aggravated battery, heinous | ||||||
11 | battery, aggravated battery of a
child, domestic battery, | ||||||
12 | reckless conduct, intimidation, criminal sexual
assault, | ||||||
13 | predatory criminal sexual assault of a child, aggravated | ||||||
14 | criminal
sexual assault, criminal sexual abuse,
aggravated | ||||||
15 | criminal sexual abuse, violation of an order of protection,
| ||||||
16 | disorderly conduct, endangering the life or health of a | ||||||
17 | child, child
abandonment, contributing to dependency or | ||||||
18 | neglect of child, or cruelty to
children and others, $200 | ||||||
19 | for each sentenced violation to the State Treasurer
for | ||||||
20 | deposit as follows: (i) for sexual assault, as defined in | ||||||
21 | Section 5-9-1.7 of the Unified Code of Corrections, when
| ||||||
22 | the offender and victim are family members, one-half to the | ||||||
23 | Domestic Violence
Shelter and Service Fund, and one-half to | ||||||
24 | the Sexual Assault Services Fund;
(ii) for the remaining | ||||||
25 | offenses to the Domestic Violence Shelter and Service
Fund; | ||||||
26 | (14)
violation of Section 11-501 of the Illinois |
| |||||||
| |||||||
1 | Vehicle Code, Section 5-7 of the Snowmobile Registration | ||||||
2 | and Safety Act, Section 5-16 of the Boat Registration and | ||||||
3 | Safety Act, or a similar provision, whose operation of a | ||||||
4 | motor vehicle, snowmobile, or watercraft while in | ||||||
5 | violation of Section 11-501, Section 5-7 of the Snowmobile | ||||||
6 | Registration and Safety Act, Section 5-16 of the Boat | ||||||
7 | Registration and Safety Act, or a similar provision | ||||||
8 | proximately caused an incident resulting in an appropriate | ||||||
9 | emergency response, $1,000 maximum to the public agency | ||||||
10 | that provided an emergency response related to the person's | ||||||
11 | violation, and if more than one
agency responded, the | ||||||
12 | amount payable to public agencies shall be shared equally; | ||||||
13 | (15)
violation of Section 401, 407, or 407.2 of the | ||||||
14 | Illinois Controlled Substances Act that proximately caused | ||||||
15 | any incident resulting in an appropriate drug-related | ||||||
16 | emergency response, $1,000 as reimbursement for the | ||||||
17 | emergency response to the law enforcement agency that
made | ||||||
18 | the arrest, and if more than one
agency is responsible for | ||||||
19 | the arrest, the amount payable to law
enforcement agencies | ||||||
20 | shall be shared equally; | ||||||
21 | (16)
violation of reckless driving, aggravated | ||||||
22 | reckless driving, or driving 26 miles per hour or more in | ||||||
23 | excess of the speed limit that triggered an emergency | ||||||
24 | response, $1,000 maximum reimbursement for the emergency | ||||||
25 | response to be distributed in its entirety to a public | ||||||
26 | agency that provided an emergency response related to the |
| |||||||
| |||||||
1 | person's violation, and if more than one
agency responded, | ||||||
2 | the amount payable to public agencies shall be shared | ||||||
3 | equally; | ||||||
4 | (17) violation based upon each plea of guilty, | ||||||
5 | stipulation of facts, or finding of guilt resulting in a | ||||||
6 | judgment of conviction or order of supervision for an | ||||||
7 | offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of | ||||||
8 | the Criminal Code of 2012 that results in the imposition of | ||||||
9 | a fine, to be distributed as follows:
| ||||||
10 | (A) $50 to the county treasurer for deposit into | ||||||
11 | the Circuit Court Clerk Operation and Administrative | ||||||
12 | Fund to cover the costs in administering this paragraph | ||||||
13 | (17);
| ||||||
14 | (B) $300 to the State Treasurer who shall deposit | ||||||
15 | the portion as follows:
| ||||||
16 | (i) if the arresting or investigating agency | ||||||
17 | is the Department of State
Police, into the State | ||||||
18 | Police Law Enforcement Administration Fund;
| ||||||
19 | (ii) if the arresting or investigating agency | ||||||
20 | is the Department of
Natural Resources, into the | ||||||
21 | Conservation Police Operations Assistance Fund;
| ||||||
22 | (iii) if the arresting or investigating agency | ||||||
23 | is the Secretary of State,
into the Secretary of | ||||||
24 | State Police Services Fund;
| ||||||
25 | (iv) if the arresting or investigating agency | ||||||
26 | is the Illinois Commerce
Commission, into the |
| |||||||
| |||||||
1 | Public Utility Fund; or
| ||||||
2 | (v) if more than one of the State agencies in | ||||||
3 | this subparagraph (B) is the arresting or | ||||||
4 | investigating agency, then equal shares with the | ||||||
5 | shares deposited as provided in the applicable | ||||||
6 | items (i) through (iv) of this subparagraph (B); | ||||||
7 | and | ||||||
8 | (C) the remainder for deposit into the Specialized | ||||||
9 | Services for Survivors of Human Trafficking Fund; and
| ||||||
10 | (18) weapons violation under Section 24-1.1, 24-1.2, | ||||||
11 | or 24-1.5 of the Criminal Code of 1961 or the Criminal Code | ||||||
12 | of 2012, $100 for each conviction to the State Treasurer | ||||||
13 | for deposit into the Trauma Center Fund ; and .
| ||||||
14 | (19) violation of subsection (c) of Section 11-907 of | ||||||
15 | the Illinois Vehicle Code, $250 to the State Treasurer for | ||||||
16 | deposit into the Scott's Law Fund, unless a county or | ||||||
17 | municipal police officer wrote the ticket for the | ||||||
18 | violation, in which case to the county treasurer for | ||||||
19 | deposit into that county's or municipality's | ||||||
20 | Transportation Safety Highway Hire-back Fund to be used as | ||||||
21 | provided in subsection (j) of Section 11-907 of the | ||||||
22 | Illinois Vehicle Code. | ||||||
23 | (Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.)
| ||||||
24 | Section 20. The Criminal Code of 2012 is amended by | ||||||
25 | changing Section 9-3 as follows:
|
| |||||||
| |||||||
1 | (720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
| ||||||
2 | Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
| ||||||
3 | (a) A person who unintentionally kills an individual | ||||||
4 | without lawful
justification commits involuntary manslaughter | ||||||
5 | if his acts whether lawful
or unlawful which cause the death | ||||||
6 | are such as are likely to cause death or
great bodily harm to | ||||||
7 | some individual, and he performs them recklessly,
except in | ||||||
8 | cases in which the cause of the death consists of the driving | ||||||
9 | of
a motor vehicle or operating a snowmobile, all-terrain | ||||||
10 | vehicle, or watercraft,
in which case the person commits | ||||||
11 | reckless homicide. A person commits reckless homicide if he or | ||||||
12 | she unintentionally kills an individual while driving a vehicle | ||||||
13 | and using an incline in a roadway, such as a railroad crossing, | ||||||
14 | bridge
approach, or hill, to cause the vehicle to become | ||||||
15 | airborne.
| ||||||
16 | (b) (Blank).
| ||||||
17 | (c) (Blank).
| ||||||
18 | (d) Sentence.
| ||||||
19 | (1) Involuntary manslaughter is a Class 3 felony.
| ||||||
20 | (2) Reckless homicide is a Class 3 felony.
| ||||||
21 | (e) (Blank).
| ||||||
22 | (e-2) Except as provided in subsection (e-3), in cases | ||||||
23 | involving reckless homicide in which the offense is committed | ||||||
24 | upon a public thoroughfare where children pass going to and | ||||||
25 | from school when a school crossing guard is performing official |
| |||||||
| |||||||
1 | duties, the penalty is a Class 2 felony, for which a
person, if | ||||||
2 | sentenced to a term of imprisonment, shall be sentenced to a | ||||||
3 | term of
not less than 3 years and not more than 14 years. | ||||||
4 | (e-3) In cases involving reckless homicide in which (i) the | ||||||
5 | offense is committed upon a public thoroughfare where children | ||||||
6 | pass going to and from school when a school crossing guard is | ||||||
7 | performing official duties and (ii) the defendant causes the | ||||||
8 | deaths of 2 or more persons as part of a single course of | ||||||
9 | conduct, the penalty is a Class 2 felony, for which a
person, | ||||||
10 | if sentenced to a term of imprisonment, shall be sentenced to a | ||||||
11 | term of
not less than 6 years and not more than 28 years.
| ||||||
12 | (e-5) (Blank).
| ||||||
13 | (e-7) Except as otherwise provided in subsection (e-8), in | ||||||
14 | cases involving
reckless homicide in which the defendant: (1)
| ||||||
15 | was
driving in a construction or maintenance zone, as defined | ||||||
16 | in Section 11-605.1
of the Illinois Vehicle Code, or (2) was | ||||||
17 | operating a vehicle while failing or refusing to comply with | ||||||
18 | any lawful order or direction of any authorized police officer | ||||||
19 | or traffic control aide engaged in traffic control,
the penalty | ||||||
20 | is a Class 2 felony, for which a
person, if sentenced to a term | ||||||
21 | of imprisonment, shall be sentenced to a term of
not less than | ||||||
22 | 3 years and not more than 14 years.
| ||||||
23 | (e-8) In cases involving reckless homicide in which the | ||||||
24 | defendant caused the deaths of 2 or more persons as part of a | ||||||
25 | single course of conduct and: (1) was
driving in a construction | ||||||
26 | or maintenance zone, as defined in Section 11-605.1
of the |
| |||||||
| |||||||
1 | Illinois Vehicle Code, or (2) was operating a vehicle while | ||||||
2 | failing or refusing to comply with any lawful order or | ||||||
3 | direction of any authorized police officer or traffic control | ||||||
4 | aide engaged in traffic control,
the penalty is a Class 2 | ||||||
5 | felony, for which a
person, if sentenced to a term of | ||||||
6 | imprisonment, shall be sentenced to a term of
not less than 6 | ||||||
7 | years and not more than 28 years.
| ||||||
8 | (e-9) In cases involving reckless homicide in which the | ||||||
9 | defendant drove a vehicle and used an incline in a roadway, | ||||||
10 | such as a railroad crossing, bridge
approach, or hill, to cause | ||||||
11 | the vehicle to become airborne, and caused the deaths of 2 or | ||||||
12 | more persons as
part of a single course of conduct,
the penalty | ||||||
13 | is a Class 2 felony.
| ||||||
14 | (e-10) In cases involving involuntary manslaughter or | ||||||
15 | reckless homicide resulting in the death of a peace officer | ||||||
16 | killed in the performance of his or her duties as a peace | ||||||
17 | officer, the penalty is a Class 2 felony.
| ||||||
18 | (e-11)
In cases involving reckless homicide in which the | ||||||
19 | defendant unintentionally kills an individual while driving in | ||||||
20 | a posted school zone, as defined in Section 11-605 of the | ||||||
21 | Illinois Vehicle Code, while children are present or in a | ||||||
22 | construction or maintenance zone, as defined in Section | ||||||
23 | 11-605.1 of the Illinois Vehicle Code, when construction or | ||||||
24 | maintenance workers are present the trier of fact may infer | ||||||
25 | that the defendant's actions were performed recklessly where he | ||||||
26 | or she was also either driving at a speed of more than 20 miles |
| |||||||
| |||||||
1 | per hour in excess of the posted speed limit or violating | ||||||
2 | Section 11-501 of the Illinois Vehicle Code.
| ||||||
3 | (e-12) Except as otherwise provided in subsection (e-13), | ||||||
4 | in cases involving
reckless homicide in which the offense was | ||||||
5 | committed as result
of a violation of subsection (c) of Section | ||||||
6 | 11-907 of the Illinois Vehicle Code,
the penalty is a Class 2 | ||||||
7 | felony, for which a
person, if sentenced to a term of | ||||||
8 | imprisonment, shall be sentenced to a term of
not less than 3 | ||||||
9 | years and not more than 14 years. | ||||||
10 | (e-13) In cases involving
reckless homicide in which the | ||||||
11 | offense was committed as result
of a violation of subsection | ||||||
12 | (c) of Section 11-907 of the Illinois Vehicle Code and the | ||||||
13 | defendant caused the deaths of 2 or more persons as
part of a | ||||||
14 | single course of conduct,
the penalty is a Class 2 felony, for | ||||||
15 | which a
person, if sentenced to a term of imprisonment, shall | ||||||
16 | be sentenced to a term of
not less than 6 years and not more | ||||||
17 | than 28 years.
| ||||||
18 | (e-14)
In cases involving reckless homicide in which the | ||||||
19 | defendant unintentionally kills an individual, the trier of | ||||||
20 | fact may infer that the defendant's actions were performed | ||||||
21 | recklessly where he or she was also violating subsection (c) of | ||||||
22 | Section 11-907 of the Illinois Vehicle Code. The penalty for a | ||||||
23 | reckless homicide in which the driver also violated subsection | ||||||
24 | (c) of Section 11-907 of the Illinois Vehicle Code is a Class 2 | ||||||
25 | felony, for which a person, if sentenced to a term of | ||||||
26 | imprisonment, shall be sentenced to a term of not less than 3 |
| |||||||
| |||||||
1 | years and not more than 14 years.
| ||||||
2 | (e-15) In cases involving reckless homicide in which the | ||||||
3 | defendant was operating a vehicle while failing or refusing to | ||||||
4 | comply with subsection (c) of Section 11-907 of the Illinois | ||||||
5 | Vehicle Code resulting in the death of a firefighter or | ||||||
6 | emergency medical services personnel in the performance of his | ||||||
7 | or her official duties, the penalty is a Class 2 felony. | ||||||
8 | (f) In cases involving involuntary manslaughter in which | ||||||
9 | the victim was a
family or household member as defined in | ||||||
10 | paragraph (3) of Section 112A-3 of the
Code of
Criminal | ||||||
11 | Procedure of 1963, the penalty shall be a Class 2 felony, for | ||||||
12 | which a
person if sentenced to a term of imprisonment, shall be | ||||||
13 | sentenced to a term of
not less than 3 years and not more than | ||||||
14 | 14 years.
| ||||||
15 | (Source: P.A. 95-467, eff. 6-1-08; 95-551, eff. 6-1-08; 95-587, | ||||||
16 | eff. 6-1-08; 95-591, eff. 9-10-07; 95-803, eff. 1-1-09; 95-876, | ||||||
17 | eff. 8-21-08; 95-884, eff. 1-1-09; 96-328, eff. 8-11-09.)
| ||||||
18 | Section 25. The Unified Code of Corrections is amended by | ||||||
19 | changing Sections 5-5-3.2 and 5-6-1 as follows:
| ||||||
20 | (730 ILCS 5/5-5-3.2)
| ||||||
21 | Sec. 5-5-3.2. Factors in aggravation and extended-term | ||||||
22 | sentencing.
| ||||||
23 | (a) The following factors shall be accorded weight in favor | ||||||
24 | of
imposing a term of imprisonment or may be considered by the |
| |||||||
| |||||||
1 | court as reasons
to impose a more severe sentence under Section | ||||||
2 | 5-8-1 or Article 4.5 of Chapter V:
| ||||||
3 | (1) the defendant's conduct caused or threatened | ||||||
4 | serious harm;
| ||||||
5 | (2) the defendant received compensation for committing | ||||||
6 | the offense;
| ||||||
7 | (3) the defendant has a history of prior delinquency or | ||||||
8 | criminal activity;
| ||||||
9 | (4) the defendant, by the duties of his office or by | ||||||
10 | his position,
was obliged to prevent the particular offense | ||||||
11 | committed or to bring
the offenders committing it to | ||||||
12 | justice;
| ||||||
13 | (5) the defendant held public office at the time of the | ||||||
14 | offense,
and the offense related to the conduct of that | ||||||
15 | office;
| ||||||
16 | (6) the defendant utilized his professional reputation | ||||||
17 | or
position in the community to commit the offense, or to | ||||||
18 | afford
him an easier means of committing it;
| ||||||
19 | (7) the sentence is necessary to deter others from | ||||||
20 | committing
the same crime;
| ||||||
21 | (8) the defendant committed the offense against a | ||||||
22 | person 60 years of age
or older or such person's property;
| ||||||
23 | (9) the defendant committed the offense against a | ||||||
24 | person who has a physical disability or such person's | ||||||
25 | property;
| ||||||
26 | (10) by reason of another individual's actual or |
| |||||||
| |||||||
1 | perceived race, color,
creed, religion, ancestry, gender, | ||||||
2 | sexual orientation, physical or mental
disability, or | ||||||
3 | national origin, the defendant committed the offense | ||||||
4 | against (i)
the person or property
of that individual; (ii) | ||||||
5 | the person or property of a person who has an
association | ||||||
6 | with, is married to, or has a friendship with the other | ||||||
7 | individual;
or (iii) the person or property of a relative | ||||||
8 | (by blood or marriage) of a
person described in clause (i) | ||||||
9 | or (ii). For the purposes of this Section,
"sexual | ||||||
10 | orientation" has the meaning ascribed to it in paragraph | ||||||
11 | (O-1) of Section 1-103 of the Illinois Human Rights Act;
| ||||||
12 | (11) the offense took place in a place of worship or on | ||||||
13 | the
grounds of a place of worship, immediately prior to, | ||||||
14 | during or immediately
following worship services. For | ||||||
15 | purposes of this subparagraph, "place of
worship" shall | ||||||
16 | mean any church, synagogue or other building, structure or
| ||||||
17 | place used primarily for religious worship;
| ||||||
18 | (12) the defendant was convicted of a felony committed | ||||||
19 | while he was
released on bail or his own recognizance | ||||||
20 | pending trial for a prior felony
and was convicted of such | ||||||
21 | prior felony, or the defendant was convicted of a
felony | ||||||
22 | committed while he was serving a period of probation,
| ||||||
23 | conditional discharge, or mandatory supervised release | ||||||
24 | under subsection (d)
of Section 5-8-1
for a prior felony;
| ||||||
25 | (13) the defendant committed or attempted to commit a | ||||||
26 | felony while he
was wearing a bulletproof vest. For the |
| |||||||
| |||||||
1 | purposes of this paragraph (13), a
bulletproof vest is any | ||||||
2 | device which is designed for the purpose of
protecting the | ||||||
3 | wearer from bullets, shot or other lethal projectiles;
| ||||||
4 | (14) the defendant held a position of trust or | ||||||
5 | supervision such as, but
not limited to, family member as | ||||||
6 | defined in Section 11-0.1 of the Criminal Code
of 2012, | ||||||
7 | teacher, scout leader, baby sitter, or day care worker, in
| ||||||
8 | relation to a victim under 18 years of age, and the | ||||||
9 | defendant committed an
offense in violation of Section | ||||||
10 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | ||||||
11 | 11-14.4 except for an offense that involves keeping a place | ||||||
12 | of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
| ||||||
13 | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | ||||||
14 | or 12-16 of the Criminal Code of 1961 or the Criminal Code | ||||||
15 | of 2012
against
that victim;
| ||||||
16 | (15) the defendant committed an offense related to the | ||||||
17 | activities of an
organized gang. For the purposes of this | ||||||
18 | factor, "organized gang" has the
meaning ascribed to it in | ||||||
19 | Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||||||
20 | Act;
| ||||||
21 | (16) the defendant committed an offense in violation of | ||||||
22 | one of the
following Sections while in a school, regardless | ||||||
23 | of the time of day or time of
year; on any conveyance | ||||||
24 | owned, leased, or contracted by a school to transport
| ||||||
25 | students to or from school or a school related activity; on | ||||||
26 | the real property
of a school; or on a public way within |
| |||||||
| |||||||
1 | 1,000 feet of the real property
comprising any school: | ||||||
2 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
3 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
| ||||||
4 | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
5 | 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, | ||||||
6 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
7 | (a)(4) or (g)(1), of the Criminal Code of
1961 or the | ||||||
8 | Criminal Code of 2012;
| ||||||
9 | (16.5) the defendant committed an offense in violation | ||||||
10 | of one of the
following Sections while in a day care | ||||||
11 | center, regardless of the time of day or
time of year; on | ||||||
12 | the real property of a day care center, regardless of the | ||||||
13 | time
of day or time of year; or on a public
way within | ||||||
14 | 1,000 feet of the real property comprising any day care | ||||||
15 | center,
regardless of the time of day or time of year:
| ||||||
16 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
17 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, | ||||||
18 | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
19 | 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | ||||||
20 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
21 | (a)(4) or (g)(1), of the Criminal
Code of 1961 or the | ||||||
22 | Criminal Code of 2012;
| ||||||
23 | (17) the defendant committed the offense by reason of | ||||||
24 | any person's
activity as a community policing volunteer or | ||||||
25 | to prevent any person from
engaging in activity as a | ||||||
26 | community policing volunteer. For the purpose of
this |
| |||||||
| |||||||
1 | Section, "community policing volunteer" has the meaning | ||||||
2 | ascribed to it in
Section 2-3.5 of the Criminal Code of | ||||||
3 | 2012;
| ||||||
4 | (18) the defendant committed the offense in a nursing | ||||||
5 | home or on the
real
property comprising a nursing home. For | ||||||
6 | the purposes of this paragraph (18),
"nursing home" means a | ||||||
7 | skilled nursing
or intermediate long term care facility | ||||||
8 | that is subject to license by the
Illinois Department of | ||||||
9 | Public Health under the Nursing Home Care
Act, the | ||||||
10 | Specialized Mental Health Rehabilitation Act of 2013, the | ||||||
11 | ID/DD Community Care Act, or the MC/DD Act;
| ||||||
12 | (19) the defendant was a federally licensed firearm | ||||||
13 | dealer
and
was
previously convicted of a violation of | ||||||
14 | subsection (a) of Section 3 of the
Firearm Owners | ||||||
15 | Identification Card Act and has now committed either a | ||||||
16 | felony
violation
of the Firearm Owners Identification Card | ||||||
17 | Act or an act of armed violence while
armed
with a firearm; | ||||||
18 | (20) the defendant (i) committed the offense of | ||||||
19 | reckless homicide under Section 9-3 of the Criminal Code of | ||||||
20 | 1961 or the Criminal Code of 2012 or the offense of driving | ||||||
21 | under the influence of alcohol, other drug or
drugs, | ||||||
22 | intoxicating compound or compounds or any combination | ||||||
23 | thereof under Section 11-501 of the Illinois Vehicle Code | ||||||
24 | or a similar provision of a local ordinance and (ii) was | ||||||
25 | operating a motor vehicle in excess of 20 miles per hour | ||||||
26 | over the posted speed limit as provided in Article VI of |
| |||||||
| |||||||
1 | Chapter 11 of the Illinois Vehicle Code;
| ||||||
2 | (21) the defendant (i) committed the offense of | ||||||
3 | reckless driving or aggravated reckless driving under | ||||||
4 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
5 | operating a motor vehicle in excess of 20 miles per hour | ||||||
6 | over the posted speed limit as provided in Article VI of | ||||||
7 | Chapter 11 of the Illinois Vehicle Code; | ||||||
8 | (22) the defendant committed the offense against a | ||||||
9 | person that the defendant knew, or reasonably should have | ||||||
10 | known, was a member of the Armed Forces of the United | ||||||
11 | States serving on active duty. For purposes of this clause | ||||||
12 | (22), the term "Armed Forces" means any of the Armed Forces | ||||||
13 | of the United States, including a member of any reserve | ||||||
14 | component thereof or National Guard unit called to active | ||||||
15 | duty;
| ||||||
16 | (23)
the defendant committed the offense against a | ||||||
17 | person who was elderly or infirm or who was a person with a | ||||||
18 | disability by taking advantage of a family or fiduciary | ||||||
19 | relationship with the elderly or infirm person or person | ||||||
20 | with a disability;
| ||||||
21 | (24)
the defendant committed any offense under Section | ||||||
22 | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
23 | of 2012 and possessed 100 or more images;
| ||||||
24 | (25) the defendant committed the offense while the | ||||||
25 | defendant or the victim was in a train, bus, or other | ||||||
26 | vehicle used for public transportation; |
| |||||||
| |||||||
1 | (26) the defendant committed the offense of child | ||||||
2 | pornography or aggravated child pornography, specifically | ||||||
3 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
4 | subsection (a) of Section 11-20.1 of the Criminal Code of | ||||||
5 | 1961 or the Criminal Code of 2012 where a child engaged in, | ||||||
6 | solicited for, depicted in, or posed in any act of sexual | ||||||
7 | penetration or bound, fettered, or subject to sadistic, | ||||||
8 | masochistic, or sadomasochistic abuse in a sexual context | ||||||
9 | and specifically including paragraph (1), (2), (3), (4), | ||||||
10 | (5), or (7) of subsection (a) of Section 11-20.1B or | ||||||
11 | Section 11-20.3 of the Criminal Code of 1961 where a child | ||||||
12 | engaged in, solicited for, depicted in, or posed in any act | ||||||
13 | of sexual penetration or bound, fettered, or subject to | ||||||
14 | sadistic, masochistic, or sadomasochistic abuse in a | ||||||
15 | sexual context; | ||||||
16 | (27) the defendant committed the offense of first | ||||||
17 | degree murder, assault, aggravated assault, battery, | ||||||
18 | aggravated battery, robbery, armed robbery, or aggravated | ||||||
19 | robbery against a person who was a veteran and the | ||||||
20 | defendant knew, or reasonably should have known, that the | ||||||
21 | person was a veteran performing duties as a representative | ||||||
22 | of a veterans' organization. For the purposes of this | ||||||
23 | paragraph (27), "veteran" means an Illinois resident who | ||||||
24 | has served as a member of the United States Armed Forces, a | ||||||
25 | member of the Illinois National Guard, or a member of the | ||||||
26 | United States Reserve Forces; and "veterans' organization" |
| |||||||
| |||||||
1 | means an organization comprised of members of
which | ||||||
2 | substantially all are individuals who are veterans or | ||||||
3 | spouses,
widows, or widowers of veterans, the primary | ||||||
4 | purpose of which is to
promote the welfare of its members | ||||||
5 | and to provide assistance to the general
public in such a | ||||||
6 | way as to confer a public benefit; | ||||||
7 | (28) the defendant committed the offense of assault, | ||||||
8 | aggravated assault, battery, aggravated battery, robbery, | ||||||
9 | armed robbery, or aggravated robbery against a person that | ||||||
10 | the defendant knew or reasonably should have known was a | ||||||
11 | letter carrier or postal worker while that person was | ||||||
12 | performing his or her duties delivering mail for the United | ||||||
13 | States Postal Service; | ||||||
14 | (29) the defendant committed the offense of criminal | ||||||
15 | sexual assault, aggravated criminal sexual assault, | ||||||
16 | criminal sexual abuse, or aggravated criminal sexual abuse | ||||||
17 | against a victim with an intellectual disability, and the | ||||||
18 | defendant holds a position of trust, authority, or | ||||||
19 | supervision in relation to the victim; | ||||||
20 | (30) the defendant committed the offense of promoting | ||||||
21 | juvenile prostitution, patronizing a prostitute, or | ||||||
22 | patronizing a minor engaged in prostitution and at the time | ||||||
23 | of the commission of the offense knew that the prostitute | ||||||
24 | or minor engaged in prostitution was in the custody or | ||||||
25 | guardianship of the Department of Children and Family | ||||||
26 | Services; or |
| |||||||
| |||||||
1 | (31) the defendant (i) committed the offense of driving | ||||||
2 | while under the influence of alcohol, other drug or drugs, | ||||||
3 | intoxicating compound or compounds or any combination | ||||||
4 | thereof in violation of Section 11-501 of the Illinois | ||||||
5 | Vehicle Code or a similar provision of a local ordinance | ||||||
6 | and (ii) the defendant during the commission of the offense | ||||||
7 | was driving his or her vehicle upon a roadway designated | ||||||
8 | for one-way traffic in the opposite direction of the | ||||||
9 | direction indicated by official traffic control devices ; | ||||||
10 | or . | ||||||
11 | (32) the defendant committed the offense of reckless | ||||||
12 | homicide while committing a violation of Section 11-907 of | ||||||
13 | the Illinois Vehicle Code. | ||||||
14 | For the purposes of this Section:
| ||||||
15 | "School" is defined as a public or private
elementary or | ||||||
16 | secondary school, community college, college, or university.
| ||||||
17 | "Day care center" means a public or private State certified | ||||||
18 | and
licensed day care center as defined in Section 2.09 of the | ||||||
19 | Child Care Act of
1969 that displays a sign in plain view | ||||||
20 | stating that the
property is a day care center.
| ||||||
21 | "Intellectual disability" means significantly subaverage | ||||||
22 | intellectual functioning which exists concurrently
with | ||||||
23 | impairment in adaptive behavior. | ||||||
24 | "Public transportation" means the transportation
or | ||||||
25 | conveyance of persons by means available to the general public, | ||||||
26 | and includes paratransit services. |
| |||||||
| |||||||
1 | "Traffic control devices" means all signs, signals, | ||||||
2 | markings, and devices that conform to the Illinois Manual on | ||||||
3 | Uniform Traffic Control Devices, placed or erected by authority | ||||||
4 | of a public body or official having jurisdiction, for the | ||||||
5 | purpose of regulating, warning, or guiding traffic. | ||||||
6 | (b) The following factors, related to all felonies, may be | ||||||
7 | considered by the court as
reasons to impose an extended term | ||||||
8 | sentence under Section 5-8-2
upon any offender:
| ||||||
9 | (1) When a defendant is convicted of any felony, after | ||||||
10 | having
been previously convicted in Illinois or any other | ||||||
11 | jurisdiction of the
same or similar class felony or greater | ||||||
12 | class felony, when such conviction
has occurred within 10 | ||||||
13 | years after the
previous conviction, excluding time spent | ||||||
14 | in custody, and such charges are
separately brought and | ||||||
15 | tried and arise out of different series of acts; or
| ||||||
16 | (2) When a defendant is convicted of any felony and the | ||||||
17 | court
finds that the offense was accompanied by | ||||||
18 | exceptionally brutal
or heinous behavior indicative of | ||||||
19 | wanton cruelty; or
| ||||||
20 | (3) When a defendant is convicted of any felony | ||||||
21 | committed against:
| ||||||
22 | (i) a person under 12 years of age at the time of | ||||||
23 | the offense or such
person's property;
| ||||||
24 | (ii) a person 60 years of age or older at the time | ||||||
25 | of the offense or
such person's property; or
| ||||||
26 | (iii) a person who had a physical disability at the |
| |||||||
| |||||||
1 | time of the offense or
such person's property; or
| ||||||
2 | (4) When a defendant is convicted of any felony and the | ||||||
3 | offense
involved any of the following types of specific | ||||||
4 | misconduct committed as
part of a ceremony, rite, | ||||||
5 | initiation, observance, performance, practice or
activity | ||||||
6 | of any actual or ostensible religious, fraternal, or social | ||||||
7 | group:
| ||||||
8 | (i) the brutalizing or torturing of humans or | ||||||
9 | animals;
| ||||||
10 | (ii) the theft of human corpses;
| ||||||
11 | (iii) the kidnapping of humans;
| ||||||
12 | (iv) the desecration of any cemetery, religious, | ||||||
13 | fraternal, business,
governmental, educational, or | ||||||
14 | other building or property; or
| ||||||
15 | (v) ritualized abuse of a child; or
| ||||||
16 | (5) When a defendant is convicted of a felony other | ||||||
17 | than conspiracy and
the court finds that
the felony was | ||||||
18 | committed under an agreement with 2 or more other persons
| ||||||
19 | to commit that offense and the defendant, with respect to | ||||||
20 | the other
individuals, occupied a position of organizer, | ||||||
21 | supervisor, financier, or any
other position of management | ||||||
22 | or leadership, and the court further finds that
the felony | ||||||
23 | committed was related to or in furtherance of the criminal
| ||||||
24 | activities of an organized gang or was motivated by the | ||||||
25 | defendant's leadership
in an organized gang; or
| ||||||
26 | (6) When a defendant is convicted of an offense |
| |||||||
| |||||||
1 | committed while using a firearm with a
laser sight attached | ||||||
2 | to it. For purposes of this paragraph, "laser sight"
has | ||||||
3 | the meaning ascribed to it in Section 26-7 of the Criminal | ||||||
4 | Code of
2012; or
| ||||||
5 | (7) When a defendant who was at least 17 years of age | ||||||
6 | at the
time of
the commission of the offense is convicted | ||||||
7 | of a felony and has been previously
adjudicated a | ||||||
8 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
9 | an act
that if committed by an adult would be a Class X or | ||||||
10 | Class 1 felony when the
conviction has occurred within 10 | ||||||
11 | years after the previous adjudication,
excluding time | ||||||
12 | spent in custody; or
| ||||||
13 | (8) When a defendant commits any felony and the | ||||||
14 | defendant used, possessed, exercised control over, or | ||||||
15 | otherwise directed an animal to assault a law enforcement | ||||||
16 | officer engaged in the execution of his or her official | ||||||
17 | duties or in furtherance of the criminal activities of an | ||||||
18 | organized gang in which the defendant is engaged; or
| ||||||
19 | (9) When a defendant commits any felony and the | ||||||
20 | defendant knowingly video or audio records the offense with | ||||||
21 | the intent to disseminate the recording. | ||||||
22 | (c) The following factors may be considered by the court as | ||||||
23 | reasons to impose an extended term sentence under Section 5-8-2 | ||||||
24 | (730 ILCS 5/5-8-2) upon any offender for the listed offenses: | ||||||
25 | (1) When a defendant is convicted of first degree | ||||||
26 | murder, after having been previously convicted in Illinois |
| |||||||
| |||||||
1 | of any offense listed under paragraph (c)(2) of Section | ||||||
2 | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred | ||||||
3 | within 10 years after the previous conviction, excluding | ||||||
4 | time spent in custody, and the charges are separately | ||||||
5 | brought and tried and arise out of different series of | ||||||
6 | acts. | ||||||
7 | (1.5) When a defendant is convicted of first degree | ||||||
8 | murder, after having been previously convicted of domestic | ||||||
9 | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | ||||||
10 | (720 ILCS 5/12-3.3) committed on the same victim or after | ||||||
11 | having been previously convicted of violation of an order | ||||||
12 | of protection (720 ILCS 5/12-30) in which the same victim | ||||||
13 | was the protected person. | ||||||
14 | (2) When a defendant is convicted of voluntary | ||||||
15 | manslaughter, second degree murder, involuntary | ||||||
16 | manslaughter, or reckless homicide in which the defendant | ||||||
17 | has been convicted of causing the death of more than one | ||||||
18 | individual. | ||||||
19 | (3) When a defendant is convicted of aggravated | ||||||
20 | criminal sexual assault or criminal sexual assault, when | ||||||
21 | there is a finding that aggravated criminal sexual assault | ||||||
22 | or criminal sexual assault was also committed on the same | ||||||
23 | victim by one or more other individuals, and the defendant | ||||||
24 | voluntarily participated in the crime with the knowledge of | ||||||
25 | the participation of the others in the crime, and the | ||||||
26 | commission of the crime was part of a single course of |
| |||||||
| |||||||
1 | conduct during which there was no substantial change in the | ||||||
2 | nature of the criminal objective. | ||||||
3 | (4) If the victim was under 18 years of age at the time | ||||||
4 | of the commission of the offense, when a defendant is | ||||||
5 | convicted of aggravated criminal sexual assault or | ||||||
6 | predatory criminal sexual assault of a child under | ||||||
7 | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | ||||||
8 | of Section 12-14.1 of the Criminal Code of 1961 or the | ||||||
9 | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | ||||||
10 | (5) When a defendant is convicted of a felony violation | ||||||
11 | of Section 24-1 of the Criminal Code of 1961 or the | ||||||
12 | Criminal Code of 2012 (720 ILCS 5/24-1) and there is a | ||||||
13 | finding that the defendant is a member of an organized | ||||||
14 | gang. | ||||||
15 | (6) When a defendant was convicted of unlawful use of | ||||||
16 | weapons under Section 24-1 of the Criminal Code of 1961 or | ||||||
17 | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing | ||||||
18 | a weapon that is not readily distinguishable as one of the | ||||||
19 | weapons enumerated in Section 24-1 of the Criminal Code of | ||||||
20 | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). | ||||||
21 | (7) When a defendant is convicted of an offense | ||||||
22 | involving the illegal manufacture of a controlled | ||||||
23 | substance under Section 401 of the Illinois Controlled | ||||||
24 | Substances Act (720 ILCS 570/401), the illegal manufacture | ||||||
25 | of methamphetamine under Section 25 of the Methamphetamine | ||||||
26 | Control and Community Protection Act (720 ILCS 646/25), or |
| |||||||
| |||||||
1 | the illegal possession of explosives and an emergency | ||||||
2 | response officer in the performance of his or her duties is | ||||||
3 | killed or injured at the scene of the offense while | ||||||
4 | responding to the emergency caused by the commission of the | ||||||
5 | offense. In this paragraph, "emergency" means a situation | ||||||
6 | in which a person's life, health, or safety is in jeopardy; | ||||||
7 | and "emergency response officer" means a peace officer, | ||||||
8 | community policing volunteer, fireman, emergency medical | ||||||
9 | technician-ambulance, emergency medical | ||||||
10 | technician-intermediate, emergency medical | ||||||
11 | technician-paramedic, ambulance driver, other medical | ||||||
12 | assistance or first aid personnel, or hospital emergency | ||||||
13 | room personnel.
| ||||||
14 | (8) When the defendant is convicted of attempted mob | ||||||
15 | action, solicitation to commit mob action, or conspiracy to | ||||||
16 | commit mob action under Section 8-1, 8-2, or 8-4 of the | ||||||
17 | Criminal Code of 2012, where the criminal object is a | ||||||
18 | violation of Section 25-1 of the Criminal Code of 2012, and | ||||||
19 | an electronic communication is used in the commission of | ||||||
20 | the offense. For the purposes of this paragraph (8), | ||||||
21 | "electronic communication" shall have the meaning provided | ||||||
22 | in Section 26.5-0.1 of the Criminal Code of 2012. | ||||||
23 | (d) For the purposes of this Section, "organized gang" has | ||||||
24 | the meaning
ascribed to it in Section 10 of the Illinois | ||||||
25 | Streetgang Terrorism Omnibus
Prevention Act.
| ||||||
26 | (e) The court may impose an extended term sentence under |
| |||||||
| |||||||
1 | Article 4.5 of Chapter V upon an offender who has been | ||||||
2 | convicted of a felony violation of Section 11-1.20, 11-1.30, | ||||||
3 | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or | ||||||
4 | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
5 | when the victim of the offense is under 18 years of age at the | ||||||
6 | time of the commission of the offense and, during the | ||||||
7 | commission of the offense, the victim was under the influence | ||||||
8 | of alcohol, regardless of whether or not the alcohol was | ||||||
9 | supplied by the offender; and the offender, at the time of the | ||||||
10 | commission of the offense, knew or should have known that the | ||||||
11 | victim had consumed alcohol. | ||||||
12 | (Source: P.A. 99-77, eff. 1-1-16; 99-143, eff. 7-27-15; 99-180, | ||||||
13 | eff. 7-29-15; 99-283, eff. 1-1-16; 99-347, eff. 1-1-16; 99-642, | ||||||
14 | eff. 7-28-16; 100-1053, eff. 1-1-19 .)
| ||||||
15 | (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
| ||||||
16 | (Text of Section before amendment by P.A. 100-987 )
| ||||||
17 | Sec. 5-6-1. Sentences of probation and of conditional
| ||||||
18 | discharge and disposition of supervision.
The General Assembly | ||||||
19 | finds that in order to protect the public, the
criminal justice | ||||||
20 | system must compel compliance with the conditions of probation
| ||||||
21 | by responding to violations with swift, certain and fair | ||||||
22 | punishments and
intermediate sanctions. The Chief Judge of each | ||||||
23 | circuit shall adopt a system of
structured, intermediate | ||||||
24 | sanctions for violations of the terms and conditions
of a | ||||||
25 | sentence of probation, conditional discharge or disposition of
|
| |||||||
| |||||||
1 | supervision.
| ||||||
2 | (a) Except where specifically prohibited by other
| ||||||
3 | provisions of this Code, the court shall impose a sentence
of | ||||||
4 | probation or conditional discharge upon an offender
unless, | ||||||
5 | having regard to the nature and circumstance of
the offense, | ||||||
6 | and to the history, character and condition
of the offender, | ||||||
7 | the court is of the opinion that:
| ||||||
8 | (1) his imprisonment or periodic imprisonment is | ||||||
9 | necessary
for the protection of the public; or
| ||||||
10 | (2) probation or conditional discharge would deprecate
| ||||||
11 | the seriousness of the offender's conduct and would be
| ||||||
12 | inconsistent with the ends of justice; or
| ||||||
13 | (3) a combination of imprisonment with concurrent or | ||||||
14 | consecutive probation when an offender has been admitted | ||||||
15 | into a drug court program under Section 20 of the Drug | ||||||
16 | Court Treatment Act is necessary for the protection of the | ||||||
17 | public and for the rehabilitation of the offender.
| ||||||
18 | The court shall impose as a condition of a sentence of | ||||||
19 | probation,
conditional discharge, or supervision, that the | ||||||
20 | probation agency may invoke any
sanction from the list of | ||||||
21 | intermediate sanctions adopted by the chief judge of
the | ||||||
22 | circuit court for violations of the terms and conditions of the | ||||||
23 | sentence of
probation, conditional discharge, or supervision, | ||||||
24 | subject to the provisions of
Section 5-6-4 of this Act.
| ||||||
25 | (b) The court may impose a sentence of conditional
| ||||||
26 | discharge for an offense if the court is of the opinion
that |
| |||||||
| |||||||
1 | neither a sentence of imprisonment nor of periodic
imprisonment | ||||||
2 | nor of probation supervision is appropriate.
| ||||||
3 | (b-1) Subsections (a) and (b) of this Section do not apply | ||||||
4 | to a defendant charged with a misdemeanor or felony under the | ||||||
5 | Illinois Vehicle Code or reckless homicide under Section 9-3 of | ||||||
6 | the Criminal Code of 1961 or the Criminal Code of 2012 if the | ||||||
7 | defendant within the past 12 months has been convicted of or | ||||||
8 | pleaded guilty to a misdemeanor or felony under the Illinois | ||||||
9 | Vehicle Code or reckless homicide under Section 9-3 of the | ||||||
10 | Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
11 | (c) The court may, upon a plea of guilty or a stipulation
| ||||||
12 | by the defendant of the facts supporting the charge or a
| ||||||
13 | finding of guilt, defer further proceedings and the
imposition | ||||||
14 | of a sentence, and enter an order for supervision of the | ||||||
15 | defendant,
if the defendant is not charged with: (i) a Class A | ||||||
16 | misdemeanor, as
defined by the following provisions of the | ||||||
17 | Criminal Code of 1961 or the Criminal Code of 2012: Sections
| ||||||
18 | 11-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6; | ||||||
19 | 31-7; paragraphs (2) and (3) of subsection (a) 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 or the Criminal Code of 2012, | ||||||
16 | relating to the offense of reckless homicide, or a similar | ||||||
17 | provision of a law of another 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 16-25 or 16A-3 of the | ||||||
15 | Criminal Code of 1961 or the Criminal Code of 2012 if said
| ||||||
16 | defendant has within the last 5 years been:
| ||||||
17 | (1) convicted for a violation of Section 16-25 or 16A-3 | ||||||
18 | of the Criminal Code of
1961 or the Criminal Code of 2012; | ||||||
19 | or
| ||||||
20 | (2) assigned supervision for a violation of Section | ||||||
21 | 16-25 or 16A-3 of the Criminal
Code of 1961 or the Criminal | ||||||
22 | Code of 2012.
| ||||||
23 | The court shall consider the statement of the prosecuting | ||||||
24 | authority with
regard to the standards set forth in this | ||||||
25 | Section.
| ||||||
26 | (f) The provisions of paragraph (c) shall not apply to a |
| |||||||
| |||||||
1 | defendant
charged with : (1) violating Sections 15-111, 15-112, | ||||||
2 | 15-301, paragraph (b)
of Section 6-104, Section 11-605, | ||||||
3 | paragraph (d-5) of Section 11-605.1, Section 11-1002.5, or | ||||||
4 | Section 11-1414
of the Illinois Vehicle Code or a similar | ||||||
5 | provision of a local ordinance ; or (2) committing a Class A | ||||||
6 | misdemeanor under subsection (c) of Section 11-907 of the | ||||||
7 | Illinois Vehicle Code or a similar provision of a local | ||||||
8 | ordinance .
| ||||||
9 | (g) Except as otherwise provided in paragraph (i) of this | ||||||
10 | Section, the
provisions of paragraph (c) shall not apply to a
| ||||||
11 | defendant charged with violating Section
3-707, 3-708, 3-710, | ||||||
12 | or 5-401.3
of the Illinois Vehicle Code or a similar provision | ||||||
13 | of a local ordinance if the
defendant has within the last 5 | ||||||
14 | years been:
| ||||||
15 | (1) convicted for a violation of Section 3-707, 3-708, | ||||||
16 | 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | ||||||
17 | provision of a local
ordinance; or
| ||||||
18 | (2) assigned supervision for a violation of Section | ||||||
19 | 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle | ||||||
20 | Code or a similar provision of a local
ordinance.
| ||||||
21 | The court shall consider the statement of the prosecuting | ||||||
22 | authority with
regard to the standards set forth in this | ||||||
23 | Section.
| ||||||
24 | (h) The provisions of paragraph (c) shall not apply to a | ||||||
25 | defendant under
the age of 21 years charged with violating a | ||||||
26 | serious traffic offense as defined
in Section 1-187.001 of the |
| |||||||
| |||||||
1 | Illinois Vehicle Code:
| ||||||
2 | (1) unless the defendant, upon payment of the fines, | ||||||
3 | penalties, and costs
provided by law, agrees to attend and | ||||||
4 | successfully complete a traffic safety
program approved by | ||||||
5 | the court under standards set by the Conference of Chief
| ||||||
6 | Circuit Judges. The accused shall be responsible for | ||||||
7 | payment of any traffic
safety program fees. If the accused | ||||||
8 | fails to file a certificate of
successful completion on or | ||||||
9 | before the termination date of the supervision
order, the | ||||||
10 | supervision shall be summarily revoked and conviction | ||||||
11 | entered. The
provisions of Supreme Court Rule 402 relating | ||||||
12 | to pleas of guilty do not apply
in cases when a defendant | ||||||
13 | enters a guilty plea under this provision; or
| ||||||
14 | (2) if the defendant has previously been sentenced | ||||||
15 | under the provisions of
paragraph (c) on or after January | ||||||
16 | 1, 1998 for any serious traffic offense as
defined in | ||||||
17 | Section 1-187.001 of the Illinois Vehicle Code.
| ||||||
18 | (h-1) The provisions of paragraph (c) shall not apply to a | ||||||
19 | defendant under the age of 21 years charged with an offense | ||||||
20 | against traffic regulations governing the movement of vehicles | ||||||
21 | or any violation of Section 6-107 or Section 12-603.1 of the | ||||||
22 | Illinois Vehicle Code, unless the defendant, upon payment of | ||||||
23 | the fines, penalties, and costs provided by law, agrees to | ||||||
24 | attend and successfully complete a traffic safety program | ||||||
25 | approved by the court under standards set by the Conference of | ||||||
26 | Chief 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 entered. | ||||||
5 | The provisions of Supreme Court Rule 402 relating to pleas of | ||||||
6 | guilty do not apply in cases when a defendant enters a guilty | ||||||
7 | plea under this provision.
| ||||||
8 | (i) The provisions of paragraph (c) shall not apply to a | ||||||
9 | defendant charged
with violating Section 3-707 of the Illinois | ||||||
10 | Vehicle Code or a similar
provision of a local ordinance if the | ||||||
11 | defendant has been assigned supervision
for a violation of | ||||||
12 | Section 3-707 of the Illinois Vehicle Code or a similar
| ||||||
13 | provision of a local ordinance.
| ||||||
14 | (j) The provisions of paragraph (c) shall not apply to a
| ||||||
15 | defendant charged with violating
Section 6-303 of the Illinois | ||||||
16 | Vehicle Code or a similar provision of
a local ordinance when | ||||||
17 | the revocation or suspension was for a violation of
Section | ||||||
18 | 11-501 or a similar provision of a local ordinance or a | ||||||
19 | violation of
Section 11-501.1 or paragraph (b) of Section | ||||||
20 | 11-401 of the Illinois Vehicle
Code if the
defendant has within | ||||||
21 | the last 10 years been:
| ||||||
22 | (1) convicted for a violation of Section 6-303 of the | ||||||
23 | Illinois Vehicle
Code or a similar provision of a local | ||||||
24 | ordinance; or
| ||||||
25 | (2) assigned supervision for a violation of Section | ||||||
26 | 6-303 of the Illinois
Vehicle Code or a similar provision |
| |||||||
| |||||||
1 | of a local ordinance. | ||||||
2 | (k) The provisions of paragraph (c) shall not apply to a
| ||||||
3 | defendant charged with violating
any provision of the Illinois | ||||||
4 | Vehicle Code or a similar provision of a local ordinance that | ||||||
5 | governs the movement of vehicles if, within the 12 months | ||||||
6 | preceding the date of the defendant's arrest, the defendant has | ||||||
7 | been assigned court supervision on 2 occasions for a violation | ||||||
8 | that governs the movement of vehicles under the Illinois | ||||||
9 | Vehicle Code or a similar provision of a local ordinance.
The | ||||||
10 | provisions of this paragraph (k) do not apply to a defendant | ||||||
11 | charged with violating Section 11-501 of the Illinois Vehicle | ||||||
12 | Code or a similar provision of a local ordinance.
| ||||||
13 | (l) A defendant charged with violating any provision of the | ||||||
14 | Illinois Vehicle Code or a similar provision of a local | ||||||
15 | ordinance who receives a disposition of supervision under | ||||||
16 | subsection (c) shall pay an additional fee of $29, to be | ||||||
17 | collected as provided in Sections 27.5 and 27.6 of the Clerks | ||||||
18 | of Courts Act. In addition to the $29 fee, the person shall | ||||||
19 | also pay a fee of $6, which, if not waived by the court, shall | ||||||
20 | be collected as provided in Sections 27.5 and 27.6 of the | ||||||
21 | Clerks of Courts Act. The $29 fee shall be disbursed as | ||||||
22 | provided in Section 16-104c of the Illinois Vehicle Code. If | ||||||
23 | the $6 fee is collected, $5.50 of the fee shall be deposited | ||||||
24 | into the Circuit Court Clerk Operation and Administrative Fund | ||||||
25 | created by the Clerk of the Circuit Court and 50 cents of the | ||||||
26 | fee shall be deposited into the Prisoner Review Board Vehicle |
| |||||||
| |||||||
1 | and Equipment Fund in the State treasury.
| ||||||
2 | (m) Any person convicted of, pleading guilty to, or placed | ||||||
3 | on supervision for a serious traffic violation, as defined in | ||||||
4 | Section 1-187.001 of the Illinois Vehicle Code, a violation of | ||||||
5 | Section 11-501 of the Illinois Vehicle Code, or a violation of | ||||||
6 | a similar provision of a local ordinance shall pay an | ||||||
7 | additional fee of $35, to be disbursed as provided in Section | ||||||
8 | 16-104d of that Code. | ||||||
9 | This subsection (m) becomes inoperative on January 1, 2020.
| ||||||
10 | (n)
The provisions of paragraph (c) shall not apply to any | ||||||
11 | person under the age of 18 who commits an offense against | ||||||
12 | traffic regulations governing the movement of vehicles or any | ||||||
13 | violation of Section 6-107 or Section 12-603.1 of the Illinois | ||||||
14 | Vehicle Code, except upon personal appearance of the defendant | ||||||
15 | in court and upon the written consent of the defendant's parent | ||||||
16 | or legal guardian, executed before the presiding judge. The | ||||||
17 | presiding judge shall have the authority to waive this | ||||||
18 | requirement upon the showing of good cause by the defendant.
| ||||||
19 | (o)
The provisions of paragraph (c) shall not apply to a | ||||||
20 | defendant charged with violating Section 6-303 of the Illinois | ||||||
21 | Vehicle Code or a similar provision of a local ordinance when | ||||||
22 | the suspension was for a violation of Section 11-501.1 of the | ||||||
23 | Illinois Vehicle Code and when: | ||||||
24 | (1) at the time of the violation of Section 11-501.1 of | ||||||
25 | the Illinois Vehicle Code, the defendant was a first | ||||||
26 | offender pursuant to Section 11-500 of the Illinois Vehicle |
| |||||||
| |||||||
1 | Code and the defendant failed to obtain a monitoring device | ||||||
2 | driving permit; or | ||||||
3 | (2) at the time of the violation of Section 11-501.1 of | ||||||
4 | the Illinois Vehicle Code, the defendant was a first | ||||||
5 | offender pursuant to Section 11-500 of the Illinois Vehicle | ||||||
6 | Code, had subsequently obtained a monitoring device | ||||||
7 | driving permit, but was driving a vehicle not equipped with | ||||||
8 | a breath alcohol ignition interlock device as defined in | ||||||
9 | Section 1-129.1 of the Illinois Vehicle Code.
| ||||||
10 | (p) The provisions of paragraph (c) shall not apply to a | ||||||
11 | defendant charged with violating Section 11-601.5 of the | ||||||
12 | Illinois Vehicle Code or a similar provision of a local | ||||||
13 | ordinance when the defendant has previously been: | ||||||
14 | (1) convicted for a violation of Section 11-601.5 of | ||||||
15 | the Illinois Vehicle Code or a similar provision of a local | ||||||
16 | ordinance or any similar law or ordinance of another state; | ||||||
17 | or | ||||||
18 | (2) assigned supervision for a violation of Section | ||||||
19 | 11-601.5 of the Illinois Vehicle Code or a similar | ||||||
20 | provision of a local ordinance or any similar law or | ||||||
21 | ordinance of another state. | ||||||
22 | (q) The provisions of paragraph (c) shall not apply to a | ||||||
23 | defendant charged with violating subsection (b) of Section | ||||||
24 | 11-601 or Section 11-601.5 of the Illinois Vehicle Code when | ||||||
25 | the defendant was operating a vehicle, in an urban district, at | ||||||
26 | a speed that is 26 miles per hour or more in excess of the |
| |||||||
| |||||||
1 | applicable maximum speed limit established under Chapter 11 of | ||||||
2 | the Illinois Vehicle Code. | ||||||
3 | (r) The provisions of paragraph (c) shall not apply to a | ||||||
4 | defendant charged with violating any provision of the Illinois | ||||||
5 | Vehicle Code or a similar provision of a local ordinance if the | ||||||
6 | violation was the proximate cause of the death of another and | ||||||
7 | the defendant's driving abstract contains a prior conviction or | ||||||
8 | disposition of court supervision for any violation of the | ||||||
9 | Illinois Vehicle Code, other than an equipment violation, or a | ||||||
10 | suspension, revocation, or cancellation of the driver's | ||||||
11 | license. | ||||||
12 | (s) The provisions of paragraph (c) shall not apply to a | ||||||
13 | defendant charged
with violating subsection (i) of Section 70 | ||||||
14 | of the Firearm Concealed Carry Act. | ||||||
15 | (Source: P.A. 98-169, eff. 1-1-14; 98-658, eff. 6-23-14; | ||||||
16 | 98-899, eff. 8-15-14; 99-78, eff. 7-20-15; 99-212, eff. | ||||||
17 | 1-1-16 .)
| ||||||
18 | (Text of Section after amendment by P.A. 100-987 ) | ||||||
19 | Sec. 5-6-1. Sentences of probation and of conditional
| ||||||
20 | discharge and disposition of supervision.
The General Assembly | ||||||
21 | finds that in order to protect the public, the
criminal justice | ||||||
22 | system must compel compliance with the conditions of probation
| ||||||
23 | by responding to violations with swift, certain and fair | ||||||
24 | punishments and
intermediate sanctions. The Chief Judge of each | ||||||
25 | 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 or the Criminal Code of 2012 if the | ||||||
9 | defendant within the past 12 months has been convicted of or | ||||||
10 | pleaded guilty to a misdemeanor or felony under the Illinois | ||||||
11 | Vehicle Code or reckless homicide under Section 9-3 of the | ||||||
12 | Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
13 | (c) The court may, upon a plea of guilty or a stipulation
| ||||||
14 | by the defendant of the facts supporting the charge or a
| ||||||
15 | finding of guilt, defer further proceedings and the
imposition | ||||||
16 | of a sentence, and enter an order for supervision of the | ||||||
17 | defendant,
if the defendant is not charged with: (i) a Class A | ||||||
18 | misdemeanor, as
defined by the following provisions of the | ||||||
19 | Criminal Code of 1961 or the Criminal Code of 2012: Sections
| ||||||
20 | 11-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6; | ||||||
21 | 31-7; paragraphs (2) and (3) of subsection (a) of Section
21-1;
| ||||||
22 | paragraph (1) through (5), (8), (10), and (11) of subsection | ||||||
23 | (a) of Section
24-1; (ii) a Class A misdemeanor violation of | ||||||
24 | Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals | ||||||
25 | Act; or (iii)
a felony.
If the defendant
is not barred from | ||||||
26 | receiving an order for supervision as provided in this
|
| |||||||
| |||||||
1 | subsection, the court may enter an order for supervision after | ||||||
2 | considering the
circumstances of the offense, and the history,
| ||||||
3 | character and condition of the offender, if the court is of the | ||||||
4 | opinion
that:
| ||||||
5 | (1) the offender is not likely to commit further | ||||||
6 | crimes;
| ||||||
7 | (2) the defendant and the public would be best served | ||||||
8 | if the
defendant were not to receive a criminal record; and
| ||||||
9 | (3) in the best interests of justice an order of | ||||||
10 | supervision
is more appropriate than a sentence otherwise | ||||||
11 | permitted under this Code.
| ||||||
12 | (c-5) Subsections (a), (b), and (c) of this Section do not | ||||||
13 | apply to a defendant charged with a second or subsequent | ||||||
14 | violation of Section 6-303 of the Illinois Vehicle Code | ||||||
15 | committed while his or her driver's license, permit or | ||||||
16 | privileges were revoked because of a violation of Section 9-3 | ||||||
17 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
18 | relating to the offense of reckless homicide, or a similar | ||||||
19 | provision of a law of another state.
| ||||||
20 | (d) The provisions of paragraph (c) shall not apply to a | ||||||
21 | defendant charged
with violating Section 11-501 of the Illinois | ||||||
22 | Vehicle Code or a similar
provision of a local
ordinance when | ||||||
23 | the defendant has previously been:
| ||||||
24 | (1) convicted for a violation of Section 11-501 of
the | ||||||
25 | Illinois Vehicle
Code or a similar provision of a
local | ||||||
26 | ordinance or any similar law or ordinance of another state; |
| |||||||
| |||||||
1 | or
| ||||||
2 | (2) assigned supervision for a violation of Section | ||||||
3 | 11-501 of the Illinois
Vehicle Code or a similar provision | ||||||
4 | of a local ordinance or any similar law
or ordinance of | ||||||
5 | another state; or
| ||||||
6 | (3) pleaded guilty to or stipulated to the facts | ||||||
7 | supporting
a charge or a finding of guilty to a violation | ||||||
8 | of Section 11-503 of the
Illinois Vehicle Code or a similar | ||||||
9 | provision of a local ordinance or any
similar law or | ||||||
10 | ordinance of another state, and the
plea or stipulation was | ||||||
11 | the result of a plea agreement.
| ||||||
12 | The court shall consider the statement of the prosecuting
| ||||||
13 | authority with regard to the standards set forth in this | ||||||
14 | Section.
| ||||||
15 | (e) The provisions of paragraph (c) shall not apply to a | ||||||
16 | defendant
charged with violating Section 16-25 or 16A-3 of the | ||||||
17 | Criminal Code of 1961 or the Criminal Code of 2012 if said
| ||||||
18 | defendant has within the last 5 years been:
| ||||||
19 | (1) convicted for a violation of Section 16-25 or 16A-3 | ||||||
20 | of the Criminal Code of
1961 or the Criminal Code of 2012; | ||||||
21 | or
| ||||||
22 | (2) assigned supervision for a violation of Section | ||||||
23 | 16-25 or 16A-3 of the Criminal
Code of 1961 or the Criminal | ||||||
24 | Code of 2012.
| ||||||
25 | The court shall consider the statement of the prosecuting | ||||||
26 | authority with
regard to the standards set forth in this |
| |||||||
| |||||||
1 | Section.
| ||||||
2 | (f) The provisions of paragraph (c) shall not apply to a | ||||||
3 | defendant
charged with : (1) violating Sections 15-111, 15-112, | ||||||
4 | 15-301, paragraph (b)
of Section 6-104, Section 11-605, | ||||||
5 | paragraph (d-5) of Section 11-605.1, Section 11-1002.5, or | ||||||
6 | Section 11-1414
of the Illinois Vehicle Code or a similar | ||||||
7 | provision of a local ordinance ; or (2) committing a Class A | ||||||
8 | misdemeanor under subsection (c) of Section 11-907 of the | ||||||
9 | Illinois Vehicle Code or a similar provision of a local | ||||||
10 | ordinance .
| ||||||
11 | (g) Except as otherwise provided in paragraph (i) of this | ||||||
12 | Section, the
provisions of paragraph (c) shall not apply to a
| ||||||
13 | defendant charged with violating Section
3-707, 3-708, 3-710, | ||||||
14 | or 5-401.3
of the Illinois Vehicle Code or a similar provision | ||||||
15 | of a local ordinance if the
defendant has within the last 5 | ||||||
16 | years been:
| ||||||
17 | (1) convicted for a violation of Section 3-707, 3-708, | ||||||
18 | 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | ||||||
19 | provision of a local
ordinance; or
| ||||||
20 | (2) assigned supervision for a violation of Section | ||||||
21 | 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle | ||||||
22 | Code or a similar provision of a local
ordinance.
| ||||||
23 | The court shall consider the statement of the prosecuting | ||||||
24 | authority with
regard to the standards set forth in this | ||||||
25 | Section.
| ||||||
26 | (h) The provisions of paragraph (c) shall not apply to a |
| |||||||
| |||||||
1 | defendant under
the age of 21 years charged with violating a | ||||||
2 | serious traffic offense as defined
in Section 1-187.001 of the | ||||||
3 | Illinois Vehicle Code:
| ||||||
4 | (1) unless the defendant, upon payment of the fines, | ||||||
5 | penalties, and costs
provided by law, agrees to attend and | ||||||
6 | successfully complete a traffic safety
program approved by | ||||||
7 | the court under standards set by the Conference of Chief
| ||||||
8 | 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 | ||||||
13 | entered. The
provisions of Supreme Court Rule 402 relating | ||||||
14 | to pleas of guilty do not apply
in cases when a defendant | ||||||
15 | enters a guilty plea under this provision; or
| ||||||
16 | (2) if the defendant has previously been sentenced | ||||||
17 | under the provisions of
paragraph (c) on or after January | ||||||
18 | 1, 1998 for any serious traffic offense as
defined in | ||||||
19 | Section 1-187.001 of the Illinois Vehicle Code.
| ||||||
20 | (h-1) The provisions of paragraph (c) shall not apply to a | ||||||
21 | defendant under the age of 21 years charged with an offense | ||||||
22 | against traffic regulations governing the movement of vehicles | ||||||
23 | or any violation of Section 6-107 or Section 12-603.1 of the | ||||||
24 | Illinois Vehicle Code, unless the defendant, upon payment of | ||||||
25 | the fines, penalties, and costs provided by law, agrees to | ||||||
26 | attend and successfully complete a traffic safety program |
| |||||||
| |||||||
1 | approved by the court under standards set by the Conference of | ||||||
2 | Chief Circuit Judges. The accused shall be responsible for | ||||||
3 | payment of any traffic safety program fees. If the accused | ||||||
4 | fails to file a certificate of successful completion on or | ||||||
5 | before the termination date of the supervision order, the | ||||||
6 | supervision shall be summarily revoked and conviction entered. | ||||||
7 | The provisions of Supreme Court Rule 402 relating to pleas of | ||||||
8 | guilty do not apply in cases when a defendant enters a guilty | ||||||
9 | plea under this provision.
| ||||||
10 | (i) The provisions of paragraph (c) shall not apply to a | ||||||
11 | defendant charged
with violating Section 3-707 of the Illinois | ||||||
12 | Vehicle Code or a similar
provision of a local ordinance if the | ||||||
13 | defendant has been assigned supervision
for a violation of | ||||||
14 | Section 3-707 of the Illinois Vehicle Code or a similar
| ||||||
15 | provision of a local ordinance.
| ||||||
16 | (j) The provisions of paragraph (c) shall not apply to a
| ||||||
17 | defendant charged with violating
Section 6-303 of the Illinois | ||||||
18 | Vehicle Code or a similar provision of
a local ordinance when | ||||||
19 | the revocation or suspension was for a violation of
Section | ||||||
20 | 11-501 or a similar provision of a local ordinance or a | ||||||
21 | violation of
Section 11-501.1 or paragraph (b) of Section | ||||||
22 | 11-401 of the Illinois Vehicle
Code if the
defendant has within | ||||||
23 | the last 10 years been:
| ||||||
24 | (1) convicted for a violation of Section 6-303 of the | ||||||
25 | Illinois Vehicle
Code or a similar provision of a local | ||||||
26 | ordinance; or
|
| |||||||
| |||||||
1 | (2) assigned supervision for a violation of Section | ||||||
2 | 6-303 of the Illinois
Vehicle Code or a similar provision | ||||||
3 | of a local ordinance. | ||||||
4 | (k) The provisions of paragraph (c) shall not apply to a
| ||||||
5 | defendant charged with violating
any provision of the Illinois | ||||||
6 | Vehicle Code or a similar provision of a local ordinance that | ||||||
7 | governs the movement of vehicles if, within the 12 months | ||||||
8 | preceding the date of the defendant's arrest, the defendant has | ||||||
9 | been assigned court supervision on 2 occasions for a violation | ||||||
10 | that governs the movement of vehicles under the Illinois | ||||||
11 | Vehicle Code or a similar provision of a local ordinance.
The | ||||||
12 | provisions of this paragraph (k) do not apply to a defendant | ||||||
13 | charged with violating Section 11-501 of the Illinois Vehicle | ||||||
14 | Code or a similar provision of a local ordinance.
| ||||||
15 | (l) (Blank).
| ||||||
16 | (m) (Blank). | ||||||
17 | (n)
The provisions of paragraph (c) shall not apply to any | ||||||
18 | person under the age of 18 who commits an offense against | ||||||
19 | traffic regulations governing the movement of vehicles or any | ||||||
20 | violation of Section 6-107 or Section 12-603.1 of the Illinois | ||||||
21 | Vehicle Code, except upon personal appearance of the defendant | ||||||
22 | in court and upon the written consent of the defendant's parent | ||||||
23 | or legal guardian, executed before the presiding judge. The | ||||||
24 | presiding judge shall have the authority to waive this | ||||||
25 | requirement upon the showing of good cause by the defendant.
| ||||||
26 | (o)
The provisions of paragraph (c) shall not apply to a |
| |||||||
| |||||||
1 | defendant charged with violating Section 6-303 of the Illinois | ||||||
2 | Vehicle Code or a similar provision of a local ordinance when | ||||||
3 | the suspension was for a violation of Section 11-501.1 of the | ||||||
4 | Illinois Vehicle Code and when: | ||||||
5 | (1) at the time of the violation of Section 11-501.1 of | ||||||
6 | the Illinois Vehicle Code, the defendant was a first | ||||||
7 | offender pursuant to Section 11-500 of the Illinois Vehicle | ||||||
8 | Code and the defendant failed to obtain a monitoring device | ||||||
9 | driving permit; or | ||||||
10 | (2) at the time of the violation of Section 11-501.1 of | ||||||
11 | the Illinois Vehicle Code, the defendant was a first | ||||||
12 | offender pursuant to Section 11-500 of the Illinois Vehicle | ||||||
13 | Code, had subsequently obtained a monitoring device | ||||||
14 | driving permit, but was driving a vehicle not equipped with | ||||||
15 | a breath alcohol ignition interlock device as defined in | ||||||
16 | Section 1-129.1 of the Illinois Vehicle Code.
| ||||||
17 | (p) The provisions of paragraph (c) shall not apply to a | ||||||
18 | defendant charged with violating Section 11-601.5 of the | ||||||
19 | Illinois Vehicle Code or a similar provision of a local | ||||||
20 | ordinance when the defendant has previously been: | ||||||
21 | (1) convicted for a violation of Section 11-601.5 of | ||||||
22 | the Illinois Vehicle Code or a similar provision of a local | ||||||
23 | ordinance or any similar law or ordinance of another state; | ||||||
24 | or | ||||||
25 | (2) assigned supervision for a violation of Section | ||||||
26 | 11-601.5 of the Illinois Vehicle Code or a similar |
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1 | provision of a local ordinance or any similar law or | ||||||
2 | ordinance of another state. | ||||||
3 | (q) The provisions of paragraph (c) shall not apply to a | ||||||
4 | defendant charged with violating subsection (b) of Section | ||||||
5 | 11-601 or Section 11-601.5 of the Illinois Vehicle Code when | ||||||
6 | the defendant was operating a vehicle, in an urban district, at | ||||||
7 | a speed that is 26 miles per hour or more in excess of the | ||||||
8 | applicable maximum speed limit established under Chapter 11 of | ||||||
9 | the Illinois Vehicle Code. | ||||||
10 | (r) The provisions of paragraph (c) shall not apply to a | ||||||
11 | defendant charged with violating any provision of the Illinois | ||||||
12 | Vehicle Code or a similar provision of a local ordinance if the | ||||||
13 | violation was the proximate cause of the death of another and | ||||||
14 | the defendant's driving abstract contains a prior conviction or | ||||||
15 | disposition of court supervision for any violation of the | ||||||
16 | Illinois Vehicle Code, other than an equipment violation, or a | ||||||
17 | suspension, revocation, or cancellation of the driver's | ||||||
18 | license. | ||||||
19 | (s) The provisions of paragraph (c) shall not apply to a | ||||||
20 | defendant charged
with violating subsection (i) of Section 70 | ||||||
21 | of the Firearm Concealed Carry Act. | ||||||
22 | (Source: P.A. 99-78, eff. 7-20-15; 99-212, eff. 1-1-16; | ||||||
23 | 100-987, eff. 7-1-19.)
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24 | Section 95. No acceleration or delay. Where this Act makes | ||||||
25 | changes in a statute that is represented in this Act by text |
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