Public Act 93-0388

SB387 Enrolled                       LRB093 02047 RLC 02048 b

    AN ACT in relation to criminal law.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section   5.   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,
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.
    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.
    (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  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;  and Section 1 of the
Boarding Aircraft With Weapon Act; (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
         (3)  in the best interests of justice  an  order  of
    supervision is more appropriate than a sentence otherwise
    permitted under this Code.
    (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 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, 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 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 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.
    (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 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, a violation of Section 11-501.1 or  paragraph  (b)
of  Section  11-401  of  the  Illinois  Vehicle  Code,  or  a
violation  of Section 9-3 of the Criminal Code of 1961 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.
(Source: P.A.  90-369,  eff.  1-1-98;  90-738,  eff.  1-1-99;
90-784,  eff.  1-1-99;  91-114,  eff.  1-1-00;  91-357,  eff.
7-29-99.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.