Bill Text: IL SB2351 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Fire Investigation Act. In provisions regarding the transfer of moneys from the moneys deposited into the Fire Prevention Fund under Public Act 95-154, provides that not more than 25% of any unspent appropriations from the prior fiscal year may also be transferred, and provides that the moneys may be allocated to the Fire Truck Revolving Loan Fund, Ambulance Revolving Loan Fund, and Fire Service and Small Equipment Fund at the discretion of the Office of the State Fire Marshal for the purpose of implementation of the Fire Investigation Act. Amends the Illinois Vehicle Code, the Clerks of Courts Act, and the Unified Code of Corrections. Provides that a person convicted of or placed on supervision for a serious traffic violation or driving under the influence or a similar provision of a local ordinance shall, in addition to any other fines, fees, and court costs, be subject to the $20 fee imposed under Public Act 95-154. Regarding an additional fee for serious traffic violations originally added to the statutes by Public Act 95-154, adds language regarding the disposition of the fee to another provision of the Clerks of Courts Act. Makes other changes. Effective July 1, 2009.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-02-26 - Referred to Assignments [SB2351 Detail]

Download: Illinois-2009-SB2351-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB2351 Introduced 2/26/2009, by Sen. William R. Haine SYNOPSIS AS INTRODUCED:
425 ILCS 25/13.1 from Ch. 127 1/2, par. 17.1
625 ILCS 5/16-104d
705 ILCS 105/27.5 from Ch. 25, par. 27.5
705 ILCS 105/27.6
730 ILCS 5/5-6-1 from Ch. 38, par. 1005-6-1
Amends the Fire Investigation Act. In provisions regarding the transfer of moneys from the moneys deposited into the Fire Prevention Fund under Public Act 95-154, provides that not more than 25% of any unspent appropriations from the prior fiscal year may also be transferred, and provides that the moneys may be allocated to the Fire Truck Revolving Loan Fund, Ambulance Revolving Loan Fund, and Fire Service and Small Equipment Fund at the discretion of the Office of the State Fire Marshal for the purpose of implementation of the Fire Investigation Act. Amends the Illinois Vehicle Code, the Clerks of Courts Act, and the Unified Code of Corrections. Provides that a person convicted of or placed on supervision for a serious traffic violation or driving under the influence or a similar provision of a local ordinance shall, in addition to any other fines, fees, and court costs, be subject to the $20 fee imposed under Public Act 95-154. Regarding an additional fee for serious traffic violations originally added to the statutes by Public Act 95-154, adds language regarding the disposition of the fee to another provision of the Clerks of Courts Act. Makes other changes. Effective July 1, 2009.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
SB2351 LRB096 11636 KTG 22182 b
AN ACT concerning fees and fines.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Fire Investigation Act is amended by
changing Section 13.1 as follows:
(425 ILCS 25/13.1) (from Ch. 127 1/2, par. 17.1)
Sec. 13.1. (a) There shall be a special fund in the State
Treasury known as the Fire Prevention Fund.
(b) The following moneys shall be deposited into the Fund:
(1) Moneys received by the Department of Insurance
under Section 12 of this Act.
(2) All fees and reimbursements received by the Office
of the State Fire Marshal.
(3) All receipts from boiler and pressure vessel
certification, as provided in Section 13 of the Boiler and
Pressure Vessel Safety Act.
(4) Such other moneys as may be provided by law.
(c) The moneys in the Fire Prevention Fund shall be used,
subject to appropriation, for the following purposes:
(1) Of the moneys deposited into the fund under Section
12 of this Act, 12.5% shall be available for the
maintenance of the Illinois Fire Service Institute and the
expenses, facilities, and structures incident thereto, and

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for making transfers into the General Obligation Bond
Retirement and Interest Fund for debt service requirements
on bonds issued by the State of Illinois after January 1,
1986 for the purpose of constructing a training facility
for use by the Institute.
(2) Of the moneys deposited into the Fund under Section
12 of this Act, 10% shall be available for the maintenance
of the Chicago Fire Department Training Program and the
expenses, facilities and structures incident thereto, in
addition to any moneys payable from the Fund to the City of
Chicago pursuant to the Illinois Fire Protection Training
Act.
(3) For making payments to local governmental agencies
and individuals pursuant to Section 10 of the Illinois Fire
Protection Training Act.
(4) For the maintenance and operation of the Office of
the State Fire Marshal, and the expenses incident thereto.
(5) For any other purpose authorized by law.
(c-5) As soon as possible after the effective date of this
amendatory Act of the 95th General Assembly, the Comptroller
shall order the transfer and the Treasurer shall transfer
$2,000,000 from the Fire Prevention Fund to the Fire Service
and Small Equipment Fund, $9,000,000 from the Fire Prevention
Fund to the Fire Truck Revolving Loan Fund, and $4,000,000 from
the Fire Prevention Fund to the Ambulance Revolving Loan Fund.
Beginning on July 1, 2008, each month, or as soon as practical

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thereafter, an amount equal to $2 from each fine received shall
be transferred from the Fire Prevention Fund to the Fire
Service and Small Equipment Fund, an amount equal to $1.50 from
each fine received shall be transferred from the Fire
Prevention Fund to the Fire Truck Revolving Loan Fund, and an
amount equal to $4 from each fine received shall be transferred
from the Fire Prevention Fund to the Ambulance Revolving Loan
Fund. These moneys shall be transferred from the moneys
deposited into the Fire Prevention Fund pursuant to Public Act
95-154, together with not more than 25% of any unspent
appropriations from the prior fiscal year. These moneys may be
allocated to the Fire Truck Revolving Loan Fund, Ambulance
Revolving Loan Fund, and Fire Service and Small Equipment Fund
at the discretion of the Office of the State Fire Marshal for
the purpose of implementation of this Act any other moneys as
may be necessary to carry out this mandate.
(d) Any portion of the Fire Prevention Fund remaining
unexpended at the end of any fiscal year which is not needed
for the maintenance and expenses of the Office of the State
Fire Marshal or the maintenance and expenses of the Illinois
Fire Service Institute, shall remain in the Fire Prevention
Fund for the exclusive and restricted uses provided in
subsections (c) and (c-5) of this Section.
(e) The Office of the State Fire Marshal shall keep on file
an itemized statement of all expenses incurred which are
payable from the Fund, other than expenses incurred by the

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Illinois Fire Service Institute, and shall approve all vouchers
issued therefor before they are submitted to the State
Comptroller for payment. Such vouchers shall be allowed and
paid in the same manner as other claims against the State.
(Source: P.A. 95-717, eff. 4-8-08.)
Section 10. The Illinois Vehicle Code is amended by
changing Section 16-104d as follows:
(625 ILCS 5/16-104d)
Sec. 16-104d. Additional fee; serious traffic violation.
Any person who is convicted of, or pleads guilty to, or is
placed on supervision for a serious traffic violation, as
defined in Section 1-187.001 of this Code, a violation of
Section 11-501 of this Code, or a violation of a similar
provision of a local ordinance shall pay an additional fee of
$20. Of that fee, $7.50 shall be deposited into the Fire
Prevention Fund in the State treasury, $7.50 shall be deposited
into the Fire Truck Revolving Loan Fund in the State treasury,
and $5 shall be deposited into the Circuit Court Clerk
Operation and Administrative Fund created by the Clerk of the
Circuit Court.
This Section becomes inoperative 7 years after the
effective date of this amendatory Act of the 95th General
Assembly.
(Source: P.A. 95-154, eff. 10-13-07.)

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Section 15. The Clerks of Courts Act is amended by changing
Sections 27.5 and 27.6 as follows:
(705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
Sec. 27.5. (a) All fees, fines, costs, additional
penalties, bail balances assessed or forfeited, and any other
amount paid by a person to the circuit clerk that equals an
amount less than $55, except restitution under Section 5-5-6 of
the Unified Code of Corrections, reimbursement for the costs of
an emergency response as provided under Section 11-501 of the
Illinois Vehicle Code, any fees collected for attending a
traffic safety program under paragraph (c) of Supreme Court
Rule 529, any fee collected on behalf of a State's Attorney
under Section 4-2002 of the Counties Code or a sheriff under
Section 4-5001 of the Counties Code, or any cost imposed under
Section 124A-5 of the Code of Criminal Procedure of 1963, for
convictions, orders of supervision, or any other disposition
for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, and
any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, and except as provided
in subsection (b) shall be disbursed within 60 days after
receipt by the circuit clerk as follows: 47% shall be disbursed
to the entity authorized by law to receive the fine imposed in
the case; 12% shall be disbursed to the State Treasurer; and

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41% shall be disbursed to the county's general corporate fund.
Of the 12% disbursed to the State Treasurer, 1/6 shall be
deposited by the State Treasurer into the Violent Crime Victims
Assistance Fund, 1/2 shall be deposited into the Traffic and
Criminal Conviction Surcharge Fund, and 1/3 shall be deposited
into the Drivers Education Fund. For fiscal years 1992 and
1993, amounts deposited into the Violent Crime Victims
Assistance Fund, the Traffic and Criminal Conviction Surcharge
Fund, or the Drivers Education Fund shall not exceed 110% of
the amounts deposited into those funds in fiscal year 1991. Any
amount that exceeds the 110% limit shall be distributed as
follows: 50% shall be disbursed to the county's general
corporate fund and 50% shall be disbursed to the entity
authorized by law to receive the fine imposed in the case. Not
later than March 1 of each year the circuit clerk shall submit
a report of the amount of funds remitted to the State Treasurer
under this Section during the preceding year based upon
independent verification of fines and fees. All counties shall
be subject to this Section, except that counties with a
population under 2,000,000 may, by ordinance, elect not to be
subject to this Section. For offenses subject to this Section,
judges shall impose one total sum of money payable for
violations. The circuit clerk may add on no additional amounts
except for amounts that are required by Sections 27.3a and
27.3c of this Act, unless those amounts are specifically waived
by the judge. With respect to money collected by the circuit

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clerk as a result of forfeiture of bail, ex parte judgment or
guilty plea pursuant to Supreme Court Rule 529, the circuit
clerk shall first deduct and pay amounts required by Sections
27.3a and 27.3c of this Act. This Section is a denial and
limitation of home rule powers and functions under subsection
(h) of Section 6 of Article VII of the Illinois Constitution.
(b) The following amounts must be remitted to the State
Treasurer for deposit into the Illinois Animal Abuse Fund:
(1) 50% of the amounts collected for felony offenses
under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
Animals Act and Section 26-5 of the Criminal Code of 1961;
(2) 20% of the amounts collected for Class A and Class
B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
for Animals Act and Section 26-5 of the Criminal Code of
1961; and
(3) 50% of the amounts collected for Class C
misdemeanors under Sections 4.01 and 7.1 of the Humane Care
for Animals Act and Section 26-5 of the Criminal Code of
1961.
(c) Any person who receives a disposition of court
supervision for a violation of the Illinois Vehicle Code or a
similar provision of a local ordinance shall, in addition to
any other fines, fees, and court costs, pay an additional fee
of $20, to be disbursed as provided in Section 16-104c of the

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Illinois Vehicle Code. In addition to the fee of $20, the
person shall also pay a fee of $5, if not waived by the court.
If this $5 fee is collected, $4.50 of the fee shall be
deposited into the Circuit Court Clerk Operation and
Administrative Fund created by the Clerk of the Circuit Court
and 50 cents of the fee shall be deposited into the Prisoner
Review Board Vehicle and Equipment Fund in the State treasury.
(d) Any person convicted of, or pleading guilty to, or
placed on supervision for a serious traffic violation, as
defined in Section 1-187.001 of the Illinois Vehicle Code, a
violation of Section 11-501 of the Illinois Vehicle Code, or a
violation of a similar provision of a local ordinance shall pay
an additional fee of $20, to be disbursed as provided in
Section 16-104d of that Code.
This subsection (d) becomes inoperative 7 years after the
effective date of Public Act 95-154.
(Source: P.A. 94-1009, eff. 1-1-07; 95-154, eff. 10-13-07;
95-428, eff. 8-24-07; 95-876, eff. 8-21-08.)
(705 ILCS 105/27.6)
Sec. 27.6. (a) All fees, fines, costs, additional
penalties, bail balances assessed or forfeited, and any other
amount paid by a person to the circuit clerk equalling an
amount of $55 or more, except the fine imposed by Section
5-9-1.15 of the Unified Code of Corrections, the additional fee
required by subsections (b) and (c), restitution under Section

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5-5-6 of the Unified Code of Corrections, reimbursement for the
costs of an emergency response as provided under Section 11-501
of the Illinois Vehicle Code, any fees collected for attending
a traffic safety program under paragraph (c) of Supreme Court
Rule 529, any fee collected on behalf of a State's Attorney
under Section 4-2002 of the Counties Code or a sheriff under
Section 4-5001 of the Counties Code, or any cost imposed under
Section 124A-5 of the Code of Criminal Procedure of 1963, for
convictions, orders of supervision, or any other disposition
for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, and
any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, and except as provided
in subsections (d) and (g) shall be disbursed within 60 days
after receipt by the circuit clerk as follows: 44.5% shall be
disbursed to the entity authorized by law to receive the fine
imposed in the case; 16.825% shall be disbursed to the State
Treasurer; and 38.675% shall be disbursed to the county's
general corporate fund. Of the 16.825% disbursed to the State
Treasurer, 2/17 shall be deposited by the State Treasurer into
the Violent Crime Victims Assistance Fund, 5.052/17 shall be
deposited into the Traffic and Criminal Conviction Surcharge
Fund, 3/17 shall be deposited into the Drivers Education Fund,
and 6.948/17 shall be deposited into the Trauma Center Fund. Of
the 6.948/17 deposited into the Trauma Center Fund from the
16.825% disbursed to the State Treasurer, 50% shall be

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disbursed to the Department of Public Health and 50% shall be
disbursed to the Department of Healthcare and Family Services.
For fiscal year 1993, amounts deposited into the Violent Crime
Victims Assistance Fund, the Traffic and Criminal Conviction
Surcharge Fund, or the Drivers Education Fund shall not exceed
110% of the amounts deposited into those funds in fiscal year
1991. Any amount that exceeds the 110% limit shall be
distributed as follows: 50% shall be disbursed to the county's
general corporate fund and 50% shall be disbursed to the entity
authorized by law to receive the fine imposed in the case. Not
later than March 1 of each year the circuit clerk shall submit
a report of the amount of funds remitted to the State Treasurer
under this Section during the preceding year based upon
independent verification of fines and fees. All counties shall
be subject to this Section, except that counties with a
population under 2,000,000 may, by ordinance, elect not to be
subject to this Section. For offenses subject to this Section,
judges shall impose one total sum of money payable for
violations. The circuit clerk may add on no additional amounts
except for amounts that are required by Sections 27.3a and
27.3c of this Act, unless those amounts are specifically waived
by the judge. With respect to money collected by the circuit
clerk as a result of forfeiture of bail, ex parte judgment or
guilty plea pursuant to Supreme Court Rule 529, the circuit
clerk shall first deduct and pay amounts required by Sections
27.3a and 27.3c of this Act. This Section is a denial and

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limitation of home rule powers and functions under subsection
(h) of Section 6 of Article VII of the Illinois Constitution.
(b) In addition to any other fines and court costs assessed
by the courts, any person convicted or receiving an order of
supervision for driving under the influence of alcohol or drugs
shall pay an additional fee of $100 to the clerk of the circuit
court. This amount, less 2 1/2% that shall be used to defray
administrative costs incurred by the clerk, shall be remitted
by the clerk to the Treasurer within 60 days after receipt for
deposit into the Trauma Center Fund. This additional fee of
$100 shall not be considered a part of the fine for purposes of
any reduction in the fine for time served either before or
after sentencing. Not later than March 1 of each year the
Circuit Clerk shall submit a report of the amount of funds
remitted to the State Treasurer under this subsection during
the preceding calendar year.
(b-1) In addition to any other fines and court costs
assessed by the courts, any person convicted or receiving an
order of supervision for driving under the influence of alcohol
or drugs shall pay an additional fee of $5 to the clerk of the
circuit court. This amount, less 2 1/2% that shall be used to
defray administrative costs incurred by the clerk, shall be
remitted by the clerk to the Treasurer within 60 days after
receipt for deposit into the Spinal Cord Injury Paralysis Cure
Research Trust Fund. This additional fee of $5 shall not be
considered a part of the fine for purposes of any reduction in

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the fine for time served either before or after sentencing. Not
later than March 1 of each year the Circuit Clerk shall submit
a report of the amount of funds remitted to the State Treasurer
under this subsection during the preceding calendar year.
(c) In addition to any other fines and court costs assessed
by the courts, any person convicted for a violation of Sections
24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or a
person sentenced for a violation of the Cannabis Control Act,
the Illinois Controlled Substances Act, or the Methamphetamine
Control and Community Protection Act shall pay an additional
fee of $100 to the clerk of the circuit court. This amount,
less 2 1/2% that shall be used to defray administrative costs
incurred by the clerk, shall be remitted by the clerk to the
Treasurer within 60 days after receipt for deposit into the
Trauma Center Fund. This additional fee of $100 shall not be
considered a part of the fine for purposes of any reduction in
the fine for time served either before or after sentencing. Not
later than March 1 of each year the Circuit Clerk shall submit
a report of the amount of funds remitted to the State Treasurer
under this subsection during the preceding calendar year.
(c-1) In addition to any other fines and court costs
assessed by the courts, any person sentenced for a violation of
the Cannabis Control Act, the Illinois Controlled Substances
Act, or the Methamphetamine Control and Community Protection
Act shall pay an additional fee of $5 to the clerk of the
circuit court. This amount, less 2 1/2% that shall be used to

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defray administrative costs incurred by the clerk, shall be
remitted by the clerk to the Treasurer within 60 days after
receipt for deposit into the Spinal Cord Injury Paralysis Cure
Research Trust Fund. This additional fee of $5 shall not be
considered a part of the fine for purposes of any reduction in
the fine for time served either before or after sentencing. Not
later than March 1 of each year the Circuit Clerk shall submit
a report of the amount of funds remitted to the State Treasurer
under this subsection during the preceding calendar year.
(d) The following amounts must be remitted to the State
Treasurer for deposit into the Illinois Animal Abuse Fund:
(1) 50% of the amounts collected for felony offenses
under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
Animals Act and Section 26-5 of the Criminal Code of 1961;
(2) 20% of the amounts collected for Class A and Class
B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
for Animals Act and Section 26-5 of the Criminal Code of
1961; and
(3) 50% of the amounts collected for Class C
misdemeanors under Sections 4.01 and 7.1 of the Humane Care
for Animals Act and Section 26-5 of the Criminal Code of
1961.
(e) Any person who receives a disposition of court
supervision for a violation of the Illinois Vehicle Code or a

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similar provision of a local ordinance shall, in addition to
any other fines, fees, and court costs, pay an additional fee
of $20, to be disbursed as provided in Section 16-104c of the
Illinois Vehicle Code. In addition to the fee of $20, the
person shall also pay a fee of $5, if not waived by the court.
If this $5 fee is collected, $4.50 of the fee shall be
deposited into the Circuit Court Clerk Operation and
Administrative Fund created by the Clerk of the Circuit Court
and 50 cents of the fee shall be deposited into the Prisoner
Review Board Vehicle and Equipment Fund in the State treasury.
(f) This Section does not apply to the additional child
pornography fines assessed and collected under Section
5-9-1.14 of the Unified Code of Corrections.
(g) Of the amounts collected as fines under subsection (b)
of Section 3-712 of the Illinois Vehicle Code, 99% shall be
deposited into the Illinois Military Family Relief Fund and 1%
shall be deposited into the Circuit Court Clerk Operation and
Administrative Fund created by the Clerk of the Circuit Court
to be used to offset the costs incurred by the Circuit Court
Clerk in performing the additional duties required to collect
and disburse funds to entities of State and local government as
provided by law.
(h) Any person convicted of, pleading guilty to, or placed
on supervision for a serious traffic violation, as defined in
Section 1-187.001 of the Illinois Vehicle Code, a violation of
Section 11-501 of the Illinois Vehicle Code, or a violation of

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a similar provision of a local ordinance shall pay an
additional fee of $20, to be disbursed as provided in Section
16-104d of that Code.
This subsection (h) becomes inoperative 7 years after the
effective date of Public Act 95-154.
(Source: P.A. 94-556, eff. 9-11-05; 94-1009, eff. 1-1-07;
95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428, eff. 8-24-07;
95-600, eff. 6-1-08; 95-876, eff. 8-21-08.)
Section 20. The Unified Code of Corrections is amended by
changing Section 5-6-1 as follows:
(730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
Sec. 5-6-1. Sentences of Probation and of Conditional
Discharge and Disposition of Supervision. The General Assembly
finds that in order to protect the public, the criminal justice
system must compel compliance with the conditions of probation
by responding to violations with swift, certain and fair
punishments and intermediate sanctions. The Chief Judge of each
circuit shall adopt a system of structured, intermediate
sanctions for violations of the terms and conditions of a
sentence of probation, conditional discharge or disposition of
supervision.
(a) Except where specifically prohibited by other
provisions of this Code, the court shall impose a sentence of
probation or conditional discharge upon an offender unless,

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having regard to the nature and circumstance of the offense,
and to the history, character and condition of the offender,
the court is of the opinion that:
(1) his imprisonment or periodic imprisonment is
necessary for the protection of the public; or
(2) probation or conditional discharge would deprecate
the seriousness of the offender's conduct and would be
inconsistent with the ends of justice; or
(3) a combination of imprisonment with concurrent or
consecutive probation when an offender has been admitted
into a drug court program under Section 20 of the Drug
Court Treatment Act is necessary for the protection of the
public and for the rehabilitation of the offender.
The court shall impose as a condition of a sentence of
probation, conditional discharge, or supervision, that the
probation agency may invoke any sanction from the list of
intermediate sanctions adopted by the chief judge of the
circuit court for violations of the terms and conditions of the
sentence of probation, conditional discharge, or supervision,
subject to the provisions of Section 5-6-4 of this Act.
(b) The court may impose a sentence of conditional
discharge for an offense if the court is of the opinion that
neither a sentence of imprisonment nor of periodic imprisonment
nor of probation supervision is appropriate.
(b-1) Subsections (a) and (b) of this Section do not apply
to a defendant charged with a misdemeanor or felony under the

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Illinois Vehicle Code or reckless homicide under Section 9-3 of
the Criminal Code of 1961 if the defendant within the past 12
months has been convicted of or pleaded guilty to a misdemeanor
or felony under the Illinois Vehicle Code or reckless homicide
under Section 9-3 of the Criminal Code of 1961.
(c) The court may, upon a plea of guilty or a stipulation
by the defendant of the facts supporting the charge or a
finding of guilt, defer further proceedings and the imposition
of a sentence, and enter an order for supervision of the
defendant, if the defendant is not charged with: (i) a Class A
misdemeanor, as defined by the following provisions of the
Criminal Code of 1961: Sections 11-9.1; 12-3.2; 12-15; 26-5;
31-1; 31-6; 31-7; subsections (b) and (c) of Section 21-1;
paragraph (1) through (5), (8), (10), and (11) of subsection
(a) of Section 24-1; (ii) a Class A misdemeanor violation of
Section 3.01, 3.03-1, or 4.01 of the Humane Care for Animals
Act; or (iii) a felony. If the defendant is not barred from
receiving an order for supervision as provided in this
subsection, the court may enter an order for supervision after
considering the circumstances of the offense, and the history,
character and condition of the offender, if the court is of the
opinion that:
(1) the offender is not likely to commit further
crimes;
(2) the defendant and the public would be best served
if the defendant were not to receive a criminal record; and

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(3) in the best interests of justice an order of
supervision is more appropriate than a sentence otherwise
permitted under this Code.
(c-5) Subsections (a), (b), and (c) of this Section do not
apply to a defendant charged with a second or subsequent
violation of Section 6-303 of the Illinois Vehicle Code
committed while his or her driver's license, permit or
privileges were revoked because of a violation of Section 9-3
of the Criminal Code of 1961, relating to the offense of
reckless homicide, or a similar provision of a law of another
state.
(d) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 11-501 of the Illinois
Vehicle Code or a similar provision of a local ordinance when
the defendant has previously been:
(1) convicted for a violation of Section 11-501 of the
Illinois Vehicle Code or a similar provision of a local
ordinance or any similar law or ordinance of another state;
or
(2) assigned supervision for a violation of Section
11-501 of the Illinois Vehicle Code or a similar provision
of a local ordinance or any similar law or ordinance of
another state; or
(3) pleaded guilty to or stipulated to the facts
supporting a charge or a finding of guilty to a violation
of Section 11-503 of the Illinois Vehicle Code or a similar

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provision of a local ordinance or any similar law or
ordinance of another state, and the plea or stipulation was
the result of a plea agreement.
The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this
Section.
(e) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 16A-3 of the Criminal
Code of 1961 if said defendant has within the last 5 years
been:
(1) convicted for a violation of Section 16A-3 of the
Criminal Code of 1961; or
(2) assigned supervision for a violation of Section
16A-3 of the Criminal Code of 1961.
The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this
Section.
(f) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Sections 15-111, 15-112,
15-301, paragraph (b) of Section 6-104, Section 11-605, Section
11-1002.5, or Section 11-1414 of the Illinois Vehicle Code or a
similar provision of a local ordinance.
(g) Except as otherwise provided in paragraph (i) of this
Section, the provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle Code or a similar provision

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of a local ordinance if the defendant has within the last 5
years been:
(1) convicted for a violation of Section 3-707, 3-708,
3-710, or 5-401.3 of the Illinois Vehicle Code or a similar
provision of a local ordinance; or
(2) assigned supervision for a violation of Section
3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
Code or a similar provision of a local ordinance.
The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this
Section.
(h) The provisions of paragraph (c) shall not apply to a
defendant under the age of 21 years charged with violating a
serious traffic offense as defined in Section 1-187.001 of the
Illinois Vehicle Code:
(1) unless the defendant, upon payment of the fines,
penalties, and costs provided by law, agrees to attend and
successfully complete a traffic safety program approved by
the court under standards set by the Conference of Chief
Circuit Judges. The accused shall be responsible for
payment of any traffic safety program fees. If the accused
fails to file a certificate of successful completion on or
before the termination date of the supervision order, the
supervision shall be summarily revoked and conviction
entered. The provisions of Supreme Court Rule 402 relating
to pleas of guilty do not apply in cases when a defendant

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enters a guilty plea under this provision; or
(2) if the defendant has previously been sentenced
under the provisions of paragraph (c) on or after January
1, 1998 for any serious traffic offense as defined in
Section 1-187.001 of the Illinois Vehicle Code.
(h-1) The provisions of paragraph (c) shall not apply to a
defendant under the age of 21 years charged with an offense
against traffic regulations governing the movement of vehicles
or any violation of Section 6-107 or Section 12-603.1 of the
Illinois Vehicle Code, unless the defendant, upon payment of
the fines, penalties, and costs provided by law, agrees to
attend and successfully complete a traffic safety program
approved by the court under standards set by the Conference of
Chief Circuit Judges. The accused shall be responsible for
payment of any traffic safety program fees. If the accused
fails to file a certificate of successful completion on or
before the termination date of the supervision order, the
supervision shall be summarily revoked and conviction entered.
The provisions of Supreme Court Rule 402 relating to pleas of
guilty do not apply in cases when a defendant enters a guilty
plea under this provision.
(i) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 3-707 of the Illinois
Vehicle Code or a similar provision of a local ordinance if the
defendant has been assigned supervision for a violation of
Section 3-707 of the Illinois Vehicle Code or a similar

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provision of a local ordinance.
(j) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 6-303 of the Illinois
Vehicle Code or a similar provision of a local ordinance when
the revocation or suspension was for a violation of Section
11-501 or a similar provision of a local ordinance or a
violation of Section 11-501.1 or paragraph (b) of Section
11-401 of the Illinois Vehicle Code if the defendant has within
the last 10 years been:
(1) convicted for a violation of Section 6-303 of the
Illinois Vehicle Code or a similar provision of a local
ordinance; or
(2) assigned supervision for a violation of Section
6-303 of the Illinois Vehicle Code or a similar provision
of a local ordinance.
(k) The provisions of paragraph (c) shall not apply to a
defendant charged with violating any provision of the Illinois
Vehicle Code or a similar provision of a local ordinance that
governs the movement of vehicles if, within the 12 months
preceding the date of the defendant's arrest, the defendant has
been assigned court supervision on 2 occasions for a violation
that governs the movement of vehicles under the Illinois
Vehicle Code or a similar provision of a local ordinance.
(l) A defendant charged with violating any provision of the
Illinois Vehicle Code or a similar provision of a local
ordinance who, after a court appearance in the same matter,

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receives a disposition of supervision under subsection (c)
shall pay an additional fee of $20, to be collected as provided
in Sections 27.5 and 27.6 of the Clerks of Courts Act. In
addition to the $20 fee, the person shall also pay a fee of $5,
which, if not waived by the court, shall be collected as
provided in Sections 27.5 and 27.6 of the Clerks of Courts Act.
The $20 fee shall be disbursed as provided in Section 16-104c
of the Illinois Vehicle Code. If the $5 fee is collected, $4.50
of the fee shall be deposited into the Circuit Court Clerk
Operation and Administrative Fund created by the Clerk of the
Circuit Court and 50 cents of the fee shall be deposited into
the Prisoner Review Board Vehicle and Equipment Fund in the
State treasury.
(m) Any person convicted of, or pleading guilty to, or
placed on supervision for a serious traffic violation, as
defined in Section 1-187.001 of the Illinois Vehicle Code, a
violation of Section 11-501 of the Illinois Vehicle Code, or a
violation of a similar provision of a local ordinance shall pay
an additional fee of $20, to be disbursed as provided in
Section 16-104d of that Code.
This subsection (m) becomes inoperative 7 years after
October 13, 2007 (the effective date of Public Act 95-154).
(n) The provisions of paragraph (c) shall not apply to any
person under the age of 18 who commits an offense against
traffic regulations governing the movement of vehicles or any
violation of Section 6-107 or Section 12-603.1 of the Illinois

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Vehicle Code, except upon personal appearance of the defendant
in court and upon the written consent of the defendant's parent
or legal guardian, executed before the presiding judge. The
presiding judge shall have the authority to waive this
requirement upon the showing of good cause by the defendant.
(o) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 6-303 of the Illinois
Vehicle Code or a similar provision of a local ordinance when
the suspension was for a violation of Section 11-501.1 of the
Illinois Vehicle Code and when:
(1) at the time of the violation of Section 11-501.1 of
the Illinois Vehicle Code, the defendant was a first
offender pursuant to Section 11-500 of the Illinois Vehicle
Code and the defendant failed to obtain a monitoring device
driving permit; or
(2) at the time of the violation of Section 11-501.1 of
the Illinois Vehicle Code, the defendant was a first
offender pursuant to Section 11-500 of the Illinois Vehicle
Code, had subsequently obtained a monitoring device
driving permit, but was driving a vehicle not equipped with
a breath alcohol ignition interlock device as defined in
Section 1-129.1 of the Illinois Vehicle Code.
(Source: P.A. 94-169, eff. 1-1-06; 94-330, eff. 1-1-06; 94-375,
eff. 1-1-06; 94-1009, eff. 1-1-07; 95-154, eff. 10-13-07;
95-302, eff. 1-1-08; 95-310, eff. 1-1-08; 95-377, eff. 1-1-08;
95-400, eff. 1-1-09; 95-428, 8-24-07; 95-876, eff. 8-21-08;

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revised 10-30-08.)
Section 99. Effective date. This Act takes effect July 1,