093_SB2124
LRB093 13523 DRH 19887 b
1 AN ACT in relation to driving offenses.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Vehicle Code is amended by
5 changing Section 11-501 as follows:
6 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
7 Sec. 11-501. Driving while under the influence of
8 alcohol, other drug or drugs, intoxicating compound or
9 compounds or any combination thereof.
10 (a) A person shall not drive or be in actual physical
11 control of any vehicle within this State while:
12 (1) the alcohol concentration in the person's blood
13 or breath is 0.08 or more based on the definition of
14 blood and breath units in Section 11-501.2;
15 (2) under the influence of alcohol;
16 (3) under the influence of any intoxicating
17 compound or combination of intoxicating compounds to a
18 degree that renders the person incapable of driving
19 safely;
20 (4) under the influence of any other drug or
21 combination of drugs to a degree that renders the person
22 incapable of safely driving;
23 (5) under the combined influence of alcohol, other
24 drug or drugs, or intoxicating compound or compounds to a
25 degree that renders the person incapable of safely
26 driving; or
27 (6) there is any amount of a drug, substance, or
28 compound in the person's breath, blood, or urine
29 resulting from the unlawful use or consumption of
30 cannabis listed in the Cannabis Control Act, a controlled
31 substance listed in the Illinois Controlled Substances
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1 Act, or an intoxicating compound listed in the Use of
2 Intoxicating Compounds Act.
3 (b) The fact that any person charged with violating this
4 Section is or has been legally entitled to use alcohol, other
5 drug or drugs, or intoxicating compound or compounds, or any
6 combination thereof, shall not constitute a defense against
7 any charge of violating this Section.
8 (b-1) With regard to penalties imposed under this
9 Section:
10 (1) Any reference to a prior violation of
11 subsection (a) or a similar provision includes any
12 violation of a provision of a local ordinance or a
13 provision of a law of another state that is similar to a
14 violation of subsection (a) of this Section.
15 (2) Any penalty imposed for driving with a license
16 that has been revoked for a previous violation of
17 subsection (a) of this Section shall be in addition to
18 the penalty imposed for any subsequent violation of
19 subsection (a).
20 (b-2) Except as otherwise provided in this Section, any
21 person convicted of violating subsection (a) of this Section
22 is guilty of a Class A misdemeanor.
23 (b-3) In addition to any other criminal or
24 administrative sanction for any second conviction of
25 violating subsection (a) or a similar provision committed
26 within 5 years of a previous violation of subsection (a) or a
27 similar provision, the defendant shall be sentenced to a
28 mandatory minimum of 5 days of imprisonment or assigned a
29 mandatory minimum of 240 hours of community service as may be
30 determined by the court.
31 (b-4) In the case of a third or subsequent violation
32 committed within 5 years of a previous violation of
33 subsection (a) or a similar provision, in addition to any
34 other criminal or administrative sanction, a mandatory
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1 minimum term of either 10 days of imprisonment or 480 hours
2 of community service shall be imposed.
3 (b-5) The imprisonment or assignment of community
4 service under subsections (b-3) and (b-4) shall not be
5 subject to suspension, nor shall the person be eligible for a
6 reduced sentence.
7 (c) (Blank). Except as provided under paragraphs (c-3),
8 (c-4), and (d) of this Section, every person convicted of
9 violating this Section or a similar provision of a local
10 ordinance, shall be guilty of a Class A misdemeanor and, in
11 addition to any other criminal or administrative action, for
12 any second conviction of violating this Section or a similar
13 provision of a law of another state or local ordinance
14 committed within 5 years of a previous violation of this
15 Section or a similar provision of a local ordinance shall be
16 mandatorily sentenced to a minimum of 5 days of imprisonment
17 or assigned to a minimum of 30 days of community service as
18 may be determined by the court. Every person convicted of
19 violating this Section or a similar provision of a local
20 ordinance shall be subject to an additional mandatory minimum
21 fine of $500 and an additional mandatory 5 days of community
22 service in a program benefiting children if the person
23 committed a violation of paragraph (a) or a similar provision
24 of a local ordinance while transporting a person under age
25 16. Every person convicted a second time for violating this
26 Section or a similar provision of a local ordinance within 5
27 years of a previous violation of this Section or a similar
28 provision of a law of another state or local ordinance shall
29 be subject to an additional mandatory minimum fine of $500
30 and an additional 10 days of mandatory community service in a
31 program benefiting children if the current offense was
32 committed while transporting a person under age 16. The
33 imprisonment or assignment under this subsection shall not be
34 subject to suspension nor shall the person be eligible for
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1 probation in order to reduce the sentence or assignment.
2 (c-1) (1) A person who violates subsection (a) this
3 Section during a period in which his or her driving
4 privileges are revoked or suspended, where the revocation
5 or suspension was for a violation of subsection (a) this
6 Section, Section 11-501.1, paragraph (b) of Section
7 11-401, or for reckless homicide as defined in Section
8 9-3 of the Criminal Code of 1961 is guilty of a Class 4
9 felony.
10 (2) A person who violates subsection (a) this
11 Section a third time, if the third violation occurs
12 during a period in which his or her driving privileges
13 are revoked or suspended where the revocation or
14 suspension was for a violation of subsection (a) this
15 Section, Section 11-501.1, paragraph (b) of Section
16 11-401, or for reckless homicide as defined in Section
17 9-3 of the Criminal Code of 1961, is guilty of a Class 3
18 felony.
19 (2.1) A person who violates subsection (a) a third
20 time, if the third violation occurs during a period in
21 which his or her driving privileges are revoked or
22 suspended where the revocation or suspension was for a
23 violation of subsection (a), Section 11-501.1, subsection
24 (b) of Section 11-401, or for reckless homicide as
25 defined in Section 9-3 of the Criminal Code of 1961, is
26 guilty of a Class 3 felony; and if the person receives a
27 term of probation or conditional discharge, he or she
28 shall be required to serve a mandatory minimum of 10 days
29 of imprisonment or shall be assigned a mandatory minimum
30 of 480 hours of community service, as may be determined
31 by the court, as a condition of the probation or
32 conditional discharge. This mandatory minimum term of
33 imprisonment or assignment of community service shall not
34 be suspended or reduced by the court.
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1 (2.2) A person who violates subsection (a), if the
2 violation occurs during a period in which his or her
3 driving privileges are revoked or suspended where the
4 revocation or suspension was for a violation of
5 subsection (a) or Section 11-501.1, shall also be
6 sentenced to an additional mandatory minimum term of 30
7 consecutive days of imprisonment, 40 days of 24-hour
8 periodic imprisonment, or 720 hours of community service,
9 as may be determined by the court. This mandatory term
10 of imprisonment or assignment of community service shall
11 not be suspended or reduced by the court.
12 (3) A person who violates subsection (a) this
13 Section a fourth or subsequent time, if the fourth or
14 subsequent violation occurs during a period in which his
15 or her driving privileges are revoked or suspended where
16 the revocation or suspension was for a violation of
17 subsection (a) this Section, Section 11-501.1, paragraph
18 (b) of Section 11-401, or for reckless homicide as
19 defined in Section 9-3 of the Criminal Code of 1961, is
20 guilty of a Class 2 felony and is not eligible for a
21 sentence of probation or conditional discharge.
22 (c-2) (Blank).
23 (c-3) (Blank). Every person convicted of violating this
24 Section or a similar provision of a local ordinance who had a
25 child under age 16 in the vehicle at the time of the offense
26 shall have his or her punishment under this Act enhanced by 2
27 days of imprisonment for a first offense, 10 days of
28 imprisonment for a second offense, 30 days of imprisonment
29 for a third offense, and 90 days of imprisonment for a fourth
30 or subsequent offense, in addition to the fine and community
31 service required under subsection (c) and the possible
32 imprisonment required under subsection (d). The imprisonment
33 or assignment under this subsection shall not be subject to
34 suspension nor shall the person be eligible for probation in
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1 order to reduce the sentence or assignment.
2 (c-4) (Blank). When a person is convicted of violating
3 Section 11-501 of this Code or a similar provision of a local
4 ordinance, the following penalties apply when his or her
5 blood, breath, or urine was .16 or more based on the
6 definition of blood, breath, or urine units in Section
7 11-501.2 or when that person is convicted of violating this
8 Section while transporting a child under the age of 16:
9 (1) A person who is convicted of violating
10 subsection (a) of Section 11-501 of this Code a first
11 time, in addition to any other penalty that may be
12 imposed under subsection (c), is subject to a mandatory
13 minimum of 100 hours of community service and a minimum
14 fine of $500.
15 (2) A person who is convicted of violating
16 subsection (a) of Section 11-501 of this Code a second
17 time within 10 years, in addition to any other penalty
18 that may be imposed under subsection (c), is subject to a
19 mandatory minimum of 2 days of imprisonment and a minimum
20 fine of $1,250.
21 (3) A person who is convicted of violating
22 subsection (a) of Section 11-501 of this Code a third
23 time within 20 years is guilty of a Class 4 felony and,
24 in addition to any other penalty that may be imposed
25 under subsection (c), is subject to a mandatory minimum
26 of 90 days of imprisonment and a minimum fine of $2,500.
27 (4) A person who is convicted of violating this
28 subsection (c-4) a fourth or subsequent time is guilty of
29 a Class 2 felony and, in addition to any other penalty
30 that may be imposed under subsection (c), is not eligible
31 for a sentence of probation or conditional discharge and
32 is subject to a minimum fine of $2,500.
33 (c-5) A person who violates subsection (a), if the
34 person was transporting a person under the age of 16 at the
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1 time of the violation, is subject to an additional mandatory
2 minimum fine of $1,000, an additional mandatory minimum 140
3 hours of community service, which shall include 40 hours of
4 community service in a program benefiting children, and an
5 additional 2 days of imprisonment. The imprisonment or
6 assignment of community service under this subsection (c-5)
7 is not subject to suspension, nor is the person eligible for
8 a reduced sentence.
9 (c-6) Except as provided in subsections (c-7) and (c-8)
10 a person who violates subsection (a) a second time, if at the
11 time of the second violation the person was transporting a
12 person under the age of 16, is subject to an additional 10
13 days of imprisonment, an additional mandatory minimum fine of
14 $1,000, and an additional mandatory minimum 140 hours of
15 community service, which shall include 40 hours of community
16 service in a program benefiting children. The imprisonment or
17 assignment of community service under this subsection (c-6)
18 is not subject to suspension, nor is the person eligible for
19 a reduced sentence.
20 (c-7) Except as provided in subsection (c-8), any person
21 convicted of violating subsection (c-6) or a similar
22 provision within 10 years of a previous violation of
23 subsection (a) or a similar provision shall receive, in
24 addition to any other penalty imposed, a mandatory minimum 12
25 days imprisonment, an additional 40 hours of mandatory
26 community service in a program benefiting children, and a
27 mandatory minimum fine of $1,750. The imprisonment or
28 assignment of community service under this subsection (c-7)
29 is not subject to suspension, nor is the person eligible for
30 a reduced sentence.
31 (c-8) any person convicted of violating subsection (c-6)
32 or a similar provision within 5 years of a previous violation
33 of subsection (a) or a similar provision shall receive, in
34 addition to any other penalty imposed, an additional 80 hours
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1 of mandatory community service in a program benefiting
2 children, an additional mandatory minimum 12 days of
3 imprisonment, and a mandatory minimum fine of $1,750. The
4 imprisonment or assignment of community service under this
5 subsection (c-8) is not subject to suspension, nor is the
6 person eligible for a reduced sentence.
7 (c-9) Any person convicted a third time for violating
8 subsection (a) or a similar provision, if at the time of the
9 third violation the person was transporting a person under
10 the age 16, is guilty of a Class 4 felony and shall receive,
11 in addition to any other penalty imposed, an additional
12 mandatory fine of $1,000, an additional mandatory 140 hours
13 of community service, which shall include 40 hours in a
14 program benefiting children, and a mandatory minimum 30 days
15 of imprisonment. The imprisonment or assignment of community
16 service under this subsection (c-9) is not subject to
17 suspension, nor is the person eligible for a reduced
18 sentence.
19 (c-10) Any person convicted of violating subsection
20 (c-9) or a similar provision a third time within 20 years of
21 a previous violation of subsection (a) or a similar provision
22 is guilty of a Class 4 felony and shall receive, in addition
23 to any other penalty imposed, an additional mandatory 40
24 hours of community service in a program benefiting children,
25 an additional mandatory fine of $3000, and a mandatory
26 minimum 120 days of imprisonment. The imprisonment or
27 assignment of community service under this subsection (c-10)
28 is not subject to suspension, nor is the person eligible for
29 a reduced sentence.
30 (c-11) Any person convicted a fourth or subsequent time
31 for violating subsection (a) or a similar provision, if at
32 the time of the fourth or subsequent violation the person was
33 transporting a person under the age of 16, and if the
34 person's 3 prior violations of subsection (a) or similar
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1 provision occurred while transporting a person under the age
2 of 16 or while the alcohol concentration in his or her blood,
3 breath, or urine was 0.16 or more based on the definition of
4 blood, breath, or urine units in Section 11-501.2, is guilty
5 of a Class 2 felony, is not eligible for probation or
6 conditional discharge, and is subject to a minimum fine of
7 $3,000.
8 (c-12) Any person convicted of a first violation of
9 subsection (a) or a similar provision, if the alcohol
10 concentration in his or her blood, breath, or urine was 0.16
11 or more based on the definition of blood, breath, or urine
12 units in Section 11-501.2, shall be subject, in addition to
13 any other penalty that may be imposed, to a mandatory minimum
14 of 100 hours of community service and a mandatory minimum
15 fine of $500.
16 (c-13) Any person convicted of a second violation of
17 subsection (a) or a similar provision, if at the time of the
18 second violation of subsection (a) the alcohol concentration
19 in his or her blood, breath, or urine was 0.16 or more based
20 on the definition of blood, breath, or urine units in Section
21 11-501.2, shall be subject, in addition to any other penalty
22 that may be imposed, to a mandatory minimum of 2 days of
23 imprisonment and a mandatory minimum fine of $1,250.
24 (c-14) Any person convicted of a third violation of
25 subsection (a) or a similar provision within 20 years of a
26 previous violation of subsection (a) or a similar provision,
27 if at the time of the third violation of subsection (a) or a
28 similar provision the alcohol concentration in his or her
29 blood, breath, or urine was 0.16 or more based on the
30 definition of blood, breath, or urine units in Section
31 11-501.2, is guilty of a Class 4 felony and shall be subject,
32 in addition to any other penalty that may be imposed, to a
33 mandatory minimum of 90 days of imprisonment and a mandatory
34 minimum fine of $2,500.
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1 (c-15) Any person convicted of a fourth or subsequent
2 violation of subsection (a) or a similar provision, if at the
3 time of the fourth or subsequent violation the alcohol
4 concentration in his or her blood, breath, or urine was 0.16
5 or more based on the definition of blood, breath, or urine
6 units in Section 11-501.2, and if the person's 3 prior
7 violations of subsection (a) or a similar provision occurred
8 while transporting a person under the age of 16 or while the
9 alcohol concentration in his or her blood, breath, or urine
10 was 0.16 or more based on the definition of blood, breath, or
11 urine units in Section 11-501.2, is guilty of a Class 2
12 felony and is not eligible for a sentence of probation or
13 conditional discharge and is subject to a minimum fine of
14 $2,500.
15 (d) (1) Every person convicted of committing a violation
16 of this Section shall be guilty of aggravated driving
17 under the influence of alcohol, other drug or drugs, or
18 intoxicating compound or compounds, or any combination
19 thereof if:
20 (A) the person committed a violation of
21 subsection (a) this Section, or a similar provision
22 of a law of another state or a local ordinance when
23 the cause of action is the same as or substantially
24 similar to this Section, for the third or subsequent
25 time;
26 (B) the person committed a violation of
27 subsection paragraph (a) while driving a school bus
28 with persons 18 years of age or younger children on
29 board;
30 (C) the person in committing a violation of
31 subsection paragraph (a) was involved in a motor
32 vehicle accident that resulted in great bodily harm
33 or permanent disability or disfigurement to another,
34 when the violation was a proximate cause of the
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1 injuries;
2 (D) the person committed a violation of
3 subsection paragraph (a) for a second time and has
4 been previously convicted of violating Section 9-3
5 of the Criminal Code of 1961 relating to reckless
6 homicide in which the person was determined to have
7 been under the influence of alcohol, other drug or
8 drugs, or intoxicating compound or compounds as an
9 element of the offense or the person has previously
10 been convicted under subparagraph (C) or
11 subparagraph (F) of this paragraph (1);
12 (E) the person, in committing a violation of
13 subsection paragraph (a) while driving at any speed
14 in a school speed zone at a time when a speed limit
15 of 20 miles per hour was in effect under subsection
16 (a) of Section 11-605 of this Code, was involved in
17 a motor vehicle accident that resulted in bodily
18 harm, other than great bodily harm or permanent
19 disability or disfigurement, to another person, when
20 the violation of subsection paragraph (a) was a
21 proximate cause of the bodily harm; or
22 (F) the person, in committing a violation of
23 subsection paragraph (a), was involved in a motor
24 vehicle, snowmobile, all-terrain vehicle, or
25 watercraft accident that resulted in the death of
26 another person, when the violation of subsection
27 paragraph (a) was a proximate cause of the death.
28 (2) Except as provided in this paragraph (2), a
29 person convicted of aggravated driving under the
30 influence of alcohol, other drug or drugs, or
31 intoxicating compound or compounds, or any combination
32 thereof is guilty of a Class 4 felony. For a violation
33 of subparagraph (C) of paragraph (1) of this subsection
34 (d), the defendant, if sentenced to a term of
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1 imprisonment, shall be sentenced to not less than one
2 year nor more than 12 years. Aggravated driving under the
3 influence of alcohol, other drug or drugs, or
4 intoxicating compound or compounds, or any combination
5 thereof as defined in subparagraph (F) of paragraph (1)
6 of this subsection (d) is a Class 2 felony, for which the
7 defendant, if sentenced to a term of imprisonment, shall
8 be sentenced to: (A) a term of imprisonment of not less
9 than 3 years and not more than 14 years if the violation
10 resulted in the death of one person; or (B) a term of
11 imprisonment of not less than 6 years and not more than
12 28 years if the violation resulted in the deaths of 2 or
13 more persons. For any prosecution under this subsection
14 (d), a certified copy of the driving abstract of the
15 defendant shall be admitted as proof of any prior
16 conviction. Any person sentenced under this subsection
17 (d) who receives a term of probation or conditional
18 discharge must serve a minimum term of either 480 hours
19 of community service or 10 days of imprisonment as a
20 condition of the probation or conditional discharge. This
21 mandatory minimum term of imprisonment or assignment of
22 community service may not be suspended or reduced by the
23 court.
24 (e) After a finding of guilt and prior to any final
25 sentencing, or an order for supervision, for an offense based
26 upon an arrest for a violation of this Section or a similar
27 provision of a local ordinance, individuals shall be required
28 to undergo a professional evaluation to determine if an
29 alcohol, drug, or intoxicating compound abuse problem exists
30 and the extent of the problem, and undergo the imposition of
31 treatment as appropriate. Programs conducting these
32 evaluations shall be licensed by the Department of Human
33 Services. The cost of any professional evaluation shall be
34 paid for by the individual required to undergo the
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1 professional evaluation.
2 (e-1) Any person who is found guilty of or pleads guilty
3 to violating this Section, including any person receiving a
4 disposition of court supervision for violating this Section,
5 may be required by the Court to attend a victim impact panel
6 offered by, or under contract with, a County State's
7 Attorney's office, a probation and court services department,
8 Mothers Against Drunk Driving, or the Alliance Against
9 Intoxicated Motorists. All costs generated by the victim
10 impact panel shall be paid from fees collected from the
11 offender or as may be determined by the court.
12 (f) Every person found guilty of violating this Section,
13 whose operation of a motor vehicle while in violation of this
14 Section proximately caused any incident resulting in an
15 appropriate emergency response, shall be liable for the
16 expense of an emergency response as provided under Section
17 5-5-3 of the Unified Code of Corrections.
18 (g) The Secretary of State shall revoke the driving
19 privileges of any person convicted under this Section or a
20 similar provision of a local ordinance.
21 (h) Blank. Every person sentenced under paragraph (2) or
22 (3) of subsection (c-1) of this Section or subsection (d) of
23 this Section and who receives a term of probation or
24 conditional discharge shall be required to serve a minimum
25 term of either 60 days community service or 10 days of
26 imprisonment as a condition of the probation or conditional
27 discharge. This mandatory minimum term of imprisonment or
28 assignment of community service shall not be suspended and
29 shall not be subject to reduction by the court.
30 (i) The Secretary of State shall require the use of
31 ignition interlock devices on all vehicles owned by an
32 individual who has been convicted of a second or subsequent
33 offense of this Section or a similar provision of a local
34 ordinance. The Secretary shall establish by rule and
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1 regulation the procedures for certification and use of the
2 interlock system.
3 (j) In addition to any other penalties and liabilities,
4 a person who is found guilty of or pleads guilty to violating
5 subsection (a) this Section, including any person placed on
6 court supervision for violating subsection (a) this Section,
7 shall be fined $100, payable to the circuit clerk, who shall
8 distribute the money to the law enforcement agency that made
9 the arrest. If the person has been previously convicted of
10 violating subsection (a) this Section or a similar provision
11 of a local ordinance, the fine shall be $200. In the event
12 that more than one agency is responsible for the arrest, the
13 $100 or $200 shall be shared equally. Any moneys received by
14 a law enforcement agency under this subsection (j) shall be
15 used to purchase law enforcement equipment that will assist
16 in the prevention of alcohol related criminal violence
17 throughout the State. This shall include, but is not limited
18 to, in-car video cameras, radar and laser speed detection
19 devices, and alcohol breath testers. Any moneys received by
20 the Department of State Police under this subsection (j)
21 shall be deposited into the State Police DUI Fund and shall
22 be used to purchase law enforcement equipment that will
23 assist in the prevention of alcohol related criminal violence
24 throughout the State.
25 (k) The Secretary of State Police DUI Fund is created as
26 a special fund in the State treasury. All moneys received by
27 the Secretary of State Police under subsection (j) of this
28 Section shall be deposited into the Secretary of State Police
29 DUI Fund and, subject to appropriation, shall be used to
30 purchase law enforcement equipment to assist in the
31 prevention of alcohol related criminal violence throughout
32 the State.
33 (l) Whenever an individual is sentenced for an offense
34 based upon an arrest for a violation of subsection (a) or a
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1 similar provision of a local ordinance, and the professional
2 evaluation recommends remedial or rehabilitative treatment or
3 education, neither the treatment nor the education shall be
4 the sole disposition and either or both may be imposed only
5 in conjunction with another disposition. The court shall
6 monitor compliance with any remedial education or treatment
7 recommendations contained in the professional evaluation.
8 Programs conducting alcohol or other drug evaluation or
9 remedial education must be licensed by the Department of
10 Human Services. If the individual is not a resident of
11 Illinois, however, the court may accept an alcohol or other
12 drug evaluation or remedial education program in the
13 individual's state of residence. Programs providing
14 treatment must be licensed under existing applicable
15 alcoholism and drug treatment licensure standards.
16 (m) In addition to any other fine or penalty required by
17 law, an individual convicted of a violation of subsection
18 (a), Section 5-7 of the Snowmobile Registration and Safety
19 Act, Section 5-16 of the Boat Registration and Safety Act, or
20 a similar provision, whose operation of a motor vehicle,
21 snowmobile, or watercraft while in violation of subsection
22 (a), Section 5-7 of the Snowmobile Registration and Safety
23 Act, Section 5-16 of the Boat Registration and Safety Act, or
24 a similar provision proximately caused an incident resulting
25 in an appropriate emergency response, shall be required to
26 make restitution to a public agency for the costs of that
27 emergency response. The restitution may not exceed $1,000 per
28 public agency for each emergency response. As used in this
29 subsection (m), "emergency response" means any incident
30 requiring a response by a police officer, a firefighter
31 carried on the rolls of a regularly constituted fire
32 department, or an ambulance.
33 (Source: P.A. 92-248, eff. 8-3-01; 92-418, eff. 8-17-01;
34 92-420, eff. 8-17-01; 92-429, eff. 1-1-02; 92-431, eff.
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1 1-1-02; 92-651, eff. 7-11-02; 93-156, eff. 1-1-04; 93-213,
2 eff. 7-18-03; 93-584, eff. 8-22-03; revised 8-27-03.)
3 Section 10. The Clerks of Courts Act is amended by
4 changing Sections 27.5 and 27.6 as follows:
5 (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
6 Sec. 27.5. (a) All fees, fines, costs, additional
7 penalties, bail balances assessed or forfeited, and any other
8 amount paid by a person to the circuit clerk that equals an
9 amount less than $55, except restitution under Section 5-5-6
10 of the Unified Code of Corrections, reimbursement for the
11 costs of an emergency response as provided under Section
12 11-501 of the Illinois Vehicle Code 5-5-3 of the Unified Code
13 of Corrections, any fees collected for attending a traffic
14 safety program under paragraph (c) of Supreme Court Rule 529,
15 any fee collected on behalf of a State's Attorney under
16 Section 4-2002 of the Counties Code or a sheriff under
17 Section 4-5001 of the Counties Code, or any cost imposed
18 under Section 124A-5 of the Code of Criminal Procedure of
19 1963, for convictions, orders of supervision, or any other
20 disposition for a violation of Chapters 3, 4, 6, 11, and 12
21 of the Illinois Vehicle Code, or a similar provision of a
22 local ordinance, and any violation of the Child Passenger
23 Protection Act, or a similar provision of a local ordinance,
24 and except as provided in subsection (b) shall be disbursed
25 within 60 days after receipt by the circuit clerk as follows:
26 47% shall be disbursed to the entity authorized by law to
27 receive the fine imposed in the case; 12% shall be disbursed
28 to the State Treasurer; and 41% shall be disbursed to the
29 county's general corporate fund. Of the 12% disbursed to the
30 State Treasurer, 1/6 shall be deposited by the State
31 Treasurer into the Violent Crime Victims Assistance Fund, 1/2
32 shall be deposited into the Traffic and Criminal Conviction
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1 Surcharge Fund, and 1/3 shall be deposited into the Drivers
2 Education Fund. For fiscal years 1992 and 1993, amounts
3 deposited into the Violent Crime Victims Assistance Fund, the
4 Traffic and Criminal Conviction Surcharge Fund, or the
5 Drivers Education Fund shall not exceed 110% of the amounts
6 deposited into those funds in fiscal year 1991. Any amount
7 that exceeds the 110% limit shall be distributed as follows:
8 50% shall be disbursed to the county's general corporate fund
9 and 50% shall be disbursed to the entity authorized by law to
10 receive the fine imposed in the case. Not later than March 1
11 of each year the circuit clerk shall submit a report of the
12 amount of funds remitted to the State Treasurer under this
13 Section during the preceding year based upon independent
14 verification of fines and fees. All counties shall be
15 subject to this Section, except that counties with a
16 population under 2,000,000 may, by ordinance, elect not to be
17 subject to this Section. For offenses subject to this
18 Section, judges shall impose one total sum of money payable
19 for violations. The circuit clerk may add on no additional
20 amounts except for amounts that are required by Sections
21 27.3a and 27.3c of this Act, unless those amounts are
22 specifically waived by the judge. With respect to money
23 collected by the circuit clerk as a result of forfeiture of
24 bail, ex parte judgment or guilty plea pursuant to Supreme
25 Court Rule 529, the circuit clerk shall first deduct and pay
26 amounts required by Sections 27.3a and 27.3c of this Act.
27 This Section is a denial and limitation of home rule powers
28 and functions under subsection (h) of Section 6 of Article
29 VII of the Illinois Constitution.
30 (b) The following amounts must be remitted to the State
31 Treasurer for deposit into the Illinois Animal Abuse Fund:
32 (1) 50% of the amounts collected for felony
33 offenses under Sections 3, 3.01, 3.02, 3.03, 4, 4.01,
34 4.03, 4.04, 5, 5.01, 6, 7, 7.5, 7.15, and 16 of the
-18- LRB093 13523 DRH 19887 b
1 Humane Care for Animals Act and Section 26-5 of the
2 Criminal Code of 1961;
3 (2) 20% of the amounts collected for Class A and
4 Class B misdemeanors under Sections 3, 3.01, 4, 4.01,
5 4.03, 4.04, 5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the
6 Humane Care for Animals Act and Section 26-5 of the
7 Criminal Code of 1961; and
8 (3) 50% of the amounts collected for Class C
9 misdemeanors under Sections 4.01 and 7.1 of the Humane
10 Care for Animals Act and Section 26-5 of the Criminal
11 Code of 1961.
12 (Source: P.A. 92-454, eff. 1-1-02; 92-650, eff. 7-11-02.)
13 (705 ILCS 105/27.6)
14 Sec. 27.6. (a) All fees, fines, costs, additional
15 penalties, bail balances assessed or forfeited, and any other
16 amount paid by a person to the circuit clerk equalling an
17 amount of $55 or more, except the additional fee required by
18 subsections (b) and (c), restitution under Section 5-5-6 of
19 the Unified Code of Corrections, reimbursement for the costs
20 of an emergency response as provided under Section 11-501 of
21 the Illinois Vehicle Code 5-5-3 of the Unified Code of
22 Corrections, any fees collected for attending a traffic
23 safety program under paragraph (c) of Supreme Court Rule 529,
24 any fee collected on behalf of a State's Attorney under
25 Section 4-2002 of the Counties Code or a sheriff under
26 Section 4-5001 of the Counties Code, or any cost imposed
27 under Section 124A-5 of the Code of Criminal Procedure of
28 1963, for convictions, orders of supervision, or any other
29 disposition for a violation of Chapters 3, 4, 6, 11, and 12
30 of the Illinois Vehicle Code, or a similar provision of a
31 local ordinance, and any violation of the Child Passenger
32 Protection Act, or a similar provision of a local ordinance,
33 and except as provided in subsection (d) shall be disbursed
-19- LRB093 13523 DRH 19887 b
1 within 60 days after receipt by the circuit clerk as follows:
2 44.5% shall be disbursed to the entity authorized by law to
3 receive the fine imposed in the case; 16.825% shall be
4 disbursed to the State Treasurer; and 38.675% shall be
5 disbursed to the county's general corporate fund. Of the
6 16.825% disbursed to the State Treasurer, 2/17 shall be
7 deposited by the State Treasurer into the Violent Crime
8 Victims Assistance Fund, 5.052/17 shall be deposited into the
9 Traffic and Criminal Conviction Surcharge Fund, 3/17 shall be
10 deposited into the Drivers Education Fund, and 6.948/17 shall
11 be deposited into the Trauma Center Fund. Of the 6.948/17
12 deposited into the Trauma Center Fund from the 16.825%
13 disbursed to the State Treasurer, 50% shall be disbursed to
14 the Department of Public Health and 50% shall be disbursed to
15 the Department of Public Aid. For fiscal year 1993, amounts
16 deposited into the Violent Crime Victims Assistance Fund, the
17 Traffic and Criminal Conviction Surcharge Fund, or the
18 Drivers Education Fund shall not exceed 110% of the amounts
19 deposited into those funds in fiscal year 1991. Any amount
20 that exceeds the 110% limit shall be distributed as follows:
21 50% shall be disbursed to the county's general corporate fund
22 and 50% shall be disbursed to the entity authorized by law to
23 receive the fine imposed in the case. Not later than March 1
24 of each year the circuit clerk shall submit a report of the
25 amount of funds remitted to the State Treasurer under this
26 Section during the preceding year based upon independent
27 verification of fines and fees. All counties shall be
28 subject to this Section, except that counties with a
29 population under 2,000,000 may, by ordinance, elect not to be
30 subject to this Section. For offenses subject to this
31 Section, judges shall impose one total sum of money payable
32 for violations. The circuit clerk may add on no additional
33 amounts except for amounts that are required by Sections
34 27.3a and 27.3c of this Act, unless those amounts are
-20- LRB093 13523 DRH 19887 b
1 specifically waived by the judge. With respect to money
2 collected by the circuit clerk as a result of forfeiture of
3 bail, ex parte judgment or guilty plea pursuant to Supreme
4 Court Rule 529, the circuit clerk shall first deduct and pay
5 amounts required by Sections 27.3a and 27.3c of this Act.
6 This Section is a denial and limitation of home rule powers
7 and functions under subsection (h) of Section 6 of Article
8 VII of the Illinois Constitution.
9 (b) In addition to any other fines and court costs
10 assessed by the courts, any person convicted or receiving an
11 order of supervision for driving under the influence of
12 alcohol or drugs shall pay an additional fee of $100 to the
13 clerk of the circuit court. This amount, less 2 1/2% that
14 shall be used to defray administrative costs incurred by the
15 clerk, shall be remitted by the clerk to the Treasurer within
16 60 days after receipt for deposit into the Trauma Center
17 Fund. This additional fee of $100 shall not be considered a
18 part of the fine for purposes of any reduction in the fine
19 for time served either before or after sentencing. Not later
20 than March 1 of each year the Circuit Clerk shall submit a
21 report of the amount of funds remitted to the State Treasurer
22 under this subsection during the preceding calendar year.
23 (b-1) In addition to any other fines and court costs
24 assessed by the courts, any person convicted or receiving an
25 order of supervision for driving under the influence of
26 alcohol or drugs shall pay an additional fee of $5 to the
27 clerk of the circuit court. This amount, less 2 1/2% that
28 shall be used to defray administrative costs incurred by the
29 clerk, shall be remitted by the clerk to the Treasurer within
30 60 days after receipt for deposit into the Spinal Cord Injury
31 Paralysis Cure Research Trust Fund. This additional fee of
32 $5 shall not be considered a part of the fine for purposes of
33 any reduction in the fine for time served either before or
34 after sentencing. Not later than March 1 of each year the
-21- LRB093 13523 DRH 19887 b
1 Circuit Clerk shall submit a report of the amount of funds
2 remitted to the State Treasurer under this subsection during
3 the preceding calendar year.
4 (c) In addition to any other fines and court costs
5 assessed by the courts, any person convicted for a violation
6 of Sections 24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of
7 1961 or a person sentenced for a violation of the Cannabis
8 Control Act or the Controlled Substance Act shall pay an
9 additional fee of $100 to the clerk of the circuit court.
10 This amount, less 2 1/2% that shall be used to defray
11 administrative costs incurred by the clerk, shall be remitted
12 by the clerk to the Treasurer within 60 days after receipt
13 for deposit into the Trauma Center Fund. This additional fee
14 of $100 shall not be considered a part of the fine for
15 purposes of any reduction in the fine for time served either
16 before or after sentencing. Not later than March 1 of each
17 year the Circuit Clerk shall submit a report of the amount of
18 funds remitted to the State Treasurer under this subsection
19 during the preceding calendar year.
20 (c-1) In addition to any other fines and court costs
21 assessed by the courts, any person sentenced for a violation
22 of the Cannabis Control Act or the Illinois Controlled
23 Substances Act shall pay an additional fee of $5 to the clerk
24 of the circuit court. This amount, less 2 1/2% that shall be
25 used to defray administrative costs incurred by the clerk,
26 shall be remitted by the clerk to the Treasurer within 60
27 days after receipt for deposit into the Spinal Cord Injury
28 Paralysis Cure Research Trust Fund. This additional fee of
29 $5 shall not be considered a part of the fine for purposes of
30 any reduction in the fine for time served either before or
31 after sentencing. Not later than March 1 of each year the
32 Circuit Clerk shall submit a report of the amount of funds
33 remitted to the State Treasurer under this subsection during
34 the preceding calendar year.
-22- LRB093 13523 DRH 19887 b
1 (d) The following amounts must be remitted to the State
2 Treasurer for deposit into the Illinois Animal Abuse Fund:
3 (1) 50% of the amounts collected for felony
4 offenses under Sections 3, 3.01, 3.02, 3.03, 4, 4.01,
5 4.03, 4.04, 5, 5.01, 6, 7, 7.5, 7.15, and 16 of the
6 Humane Care for Animals Act and Section 26-5 of the
7 Criminal Code of 1961;
8 (2) 20% of the amounts collected for Class A and
9 Class B misdemeanors under Sections 3, 3.01, 4, 4.01,
10 4.03, 4.04, 5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the
11 Humane Care for Animals Act and Section 26-5 of the
12 Criminal Code of 1961; and
13 (3) 50% of the amounts collected for Class C
14 misdemeanors under Sections 4.01 and 7.1 of the Humane
15 Care for Animals Act and Section 26-5 of the Criminal
16 Code of 1961.
17 (Source: P.A. 92-431, eff. 1-1-02; 92-454, eff. 1-1-02;
18 92-650, eff. 7-11-02; 92-651, eff. 7-11-02.)
19 Section 15. The Unified Code of Corrections is amended
20 by changing Sections 5-5-3, 5-6-4, 5-6-4.1, and 5-8-7 as
21 follows:
22 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
23 Sec. 5-5-3. Disposition.
24 (a) Except as provided in Section 11-501 of the Illinois
25 Vehicle Code, every person convicted of an offense shall be
26 sentenced as provided in this Section.
27 (b) The following options shall be appropriate
28 dispositions, alone or in combination, for all felonies and
29 misdemeanors other than those identified in subsection (c) of
30 this Section:
31 (1) A period of probation.
32 (2) A term of periodic imprisonment.
-23- LRB093 13523 DRH 19887 b
1 (3) A term of conditional discharge.
2 (4) A term of imprisonment.
3 (5) An order directing the offender to clean up and
4 repair the damage, if the offender was convicted under
5 paragraph (h) of Section 21-1 of the Criminal Code of
6 1961 (now repealed).
7 (6) A fine.
8 (7) An order directing the offender to make
9 restitution to the victim under Section 5-5-6 of this
10 Code.
11 (8) A sentence of participation in a county impact
12 incarceration program under Section 5-8-1.2 of this Code.
13 Whenever an individual is sentenced for an offense based
14 upon an arrest for a violation of Section 11-501 of the
15 Illinois Vehicle Code, or a similar provision of a local
16 ordinance, and the professional evaluation recommends
17 remedial or rehabilitative treatment or education, neither
18 the treatment nor the education shall be the sole disposition
19 and either or both may be imposed only in conjunction with
20 another disposition. The court shall monitor compliance with
21 any remedial education or treatment recommendations contained
22 in the professional evaluation. Programs conducting alcohol
23 or other drug evaluation or remedial education must be
24 licensed by the Department of Human Services. However, if
25 the individual is not a resident of Illinois, the court may
26 accept an alcohol or other drug evaluation or remedial
27 education program in the state of such individual's
28 residence. Programs providing treatment must be licensed
29 under existing applicable alcoholism and drug treatment
30 licensure standards.
31 In addition to any other fine or penalty required by law,
32 any individual convicted of a violation of Section 11-501 of
33 the Illinois Vehicle Code, Section 5-7 of the Snowmobile
34 Registration and Safety Act, Section 5-16 of the Boat
-24- LRB093 13523 DRH 19887 b
1 Registration and Safety Act, or a similar provision of local
2 ordinance, whose operation of a motor vehicle while in
3 violation of Section 11-501, Section 5-7, Section 5-16, or
4 such ordinance proximately caused an incident resulting in an
5 appropriate emergency response, shall be required to make
6 restitution to a public agency for the costs of that
7 emergency response. Such restitution shall not exceed $1,000
8 per public agency for each such emergency response. For the
9 purpose of this paragraph, emergency response shall mean any
10 incident requiring a response by: a police officer as defined
11 under Section 1-162 of the Illinois Vehicle Code; a fireman
12 carried on the rolls of a regularly constituted fire
13 department; and an ambulance as defined under Section 3.85 of
14 the Emergency Medical Services (EMS) Systems Act.
15 Neither a fine nor restitution shall be the sole
16 disposition for a felony and either or both may be imposed
17 only in conjunction with another disposition.
18 (c) (1) When a defendant is found guilty of first degree
19 murder the State may either seek a sentence of
20 imprisonment under Section 5-8-1 of this Code, or where
21 appropriate seek a sentence of death under Section 9-1 of
22 the Criminal Code of 1961.
23 (2) A period of probation, a term of periodic
24 imprisonment or conditional discharge shall not be
25 imposed for the following offenses. The court shall
26 sentence the offender to not less than the minimum term
27 of imprisonment set forth in this Code for the following
28 offenses, and may order a fine or restitution or both in
29 conjunction with such term of imprisonment:
30 (A) First degree murder where the death
31 penalty is not imposed.
32 (B) Attempted first degree murder.
33 (C) A Class X felony.
34 (D) A violation of Section 401.1 or 407 of the
-25- LRB093 13523 DRH 19887 b
1 Illinois Controlled Substances Act, or a violation
2 of subdivision (c)(1) or (c)(2) of Section 401 of
3 that Act which relates to more than 5 grams of a
4 substance containing heroin or cocaine or an analog
5 thereof.
6 (E) A violation of Section 5.1 or 9 of the
7 Cannabis Control Act.
8 (F) A Class 2 or greater felony if the
9 offender had been convicted of a Class 2 or greater
10 felony within 10 years of the date on which the
11 offender committed the offense for which he or she
12 is being sentenced, except as otherwise provided in
13 Section 40-10 of the Alcoholism and Other Drug Abuse
14 and Dependency Act.
15 (G) Residential burglary, except as otherwise
16 provided in Section 40-10 of the Alcoholism and
17 Other Drug Abuse and Dependency Act.
18 (H) Criminal sexual assault.
19 (I) Aggravated battery of a senior citizen.
20 (J) A forcible felony if the offense was
21 related to the activities of an organized gang.
22 Before July 1, 1994, for the purposes of this
23 paragraph, "organized gang" means an association of
24 5 or more persons, with an established hierarchy,
25 that encourages members of the association to
26 perpetrate crimes or provides support to the members
27 of the association who do commit crimes.
28 Beginning July 1, 1994, for the purposes of
29 this paragraph, "organized gang" has the meaning
30 ascribed to it in Section 10 of the Illinois
31 Streetgang Terrorism Omnibus Prevention Act.
32 (K) Vehicular hijacking.
33 (L) A second or subsequent conviction for the
34 offense of hate crime when the underlying offense
-26- LRB093 13523 DRH 19887 b
1 upon which the hate crime is based is felony
2 aggravated assault or felony mob action.
3 (M) A second or subsequent conviction for the
4 offense of institutional vandalism if the damage to
5 the property exceeds $300.
6 (N) A Class 3 felony violation of paragraph
7 (1) of subsection (a) of Section 2 of the Firearm
8 Owners Identification Card Act.
9 (O) A violation of Section 12-6.1 of the
10 Criminal Code of 1961.
11 (P) A violation of paragraph (1), (2), (3),
12 (4), (5), or (7) of subsection (a) of Section
13 11-20.1 of the Criminal Code of 1961.
14 (Q) A violation of Section 20-1.2 or 20-1.3 of
15 the Criminal Code of 1961.
16 (R) A violation of Section 24-3A of the
17 Criminal Code of 1961.
18 (S) (Blank). A violation of Section
19 11-501(c-1)(3) of the Illinois Vehicle Code.
20 (T) A second or subsequent violation of
21 paragraph (6.6) of subsection (a), subsection (c-5),
22 or subsection (d-5) of Section 401 of the Illinois
23 Controlled Substances Act.
24 (3) (Blank). A minimum term of imprisonment of not
25 less than 5 days or 30 days of community service as may
26 be determined by the court shall be imposed for a second
27 violation committed within 5 years of a previous
28 violation of Section 11-501 of the Illinois Vehicle Code
29 or a similar provision of a local ordinance. In the case
30 of a third or subsequent violation committed within 5
31 years of a previous violation of Section 11-501 of the
32 Illinois Vehicle Code or a similar provision of a local
33 ordinance, a minimum term of either 10 days of
34 imprisonment or 60 days of community service shall be
-27- LRB093 13523 DRH 19887 b
1 imposed.
2 (4) A minimum term of imprisonment of not less than
3 10 consecutive days or 30 days of community service shall
4 be imposed for a violation of paragraph (c) of Section
5 6-303 of the Illinois Vehicle Code.
6 (4.1) (Blank). A minimum term of 30 consecutive
7 days of imprisonment, 40 days of 24 hour periodic
8 imprisonment or 720 hours of community service, as may be
9 determined by the court, shall be imposed for a violation
10 of Section 11-501 of the Illinois Vehicle Code during a
11 period in which the defendant's driving privileges are
12 revoked or suspended, where the revocation or suspension
13 was for a violation of Section 11-501 or Section 11-501.1
14 of that Code.
15 (4.2) Except as provided in paragraph (4.3) of this
16 subsection (c), a minimum of 100 hours of community
17 service shall be imposed for a second violation of
18 Section 6-303 of the Illinois Vehicle Code.
19 (4.3) A minimum term of imprisonment of 30 days or
20 300 hours of community service, as determined by the
21 court, shall be imposed for a second violation of
22 subsection (c) of Section 6-303 of the Illinois Vehicle
23 Code.
24 (4.4) Except as provided in paragraph (4.5) and
25 paragraph (4.6) of this subsection (c), a minimum term of
26 imprisonment of 30 days or 300 hours of community
27 service, as determined by the court, shall be imposed for
28 a third or subsequent violation of Section 6-303 of the
29 Illinois Vehicle Code.
30 (4.5) A minimum term of imprisonment of 30 days
31 shall be imposed for a third violation of subsection (c)
32 of Section 6-303 of the Illinois Vehicle Code.
33 (4.6) A minimum term of imprisonment of 180 days
34 shall be imposed for a fourth or subsequent violation of
-28- LRB093 13523 DRH 19887 b
1 subsection (c) of Section 6-303 of the Illinois Vehicle
2 Code.
3 (5) The court may sentence an offender convicted of
4 a business offense or a petty offense or a corporation or
5 unincorporated association convicted of any offense to:
6 (A) a period of conditional discharge;
7 (B) a fine;
8 (C) make restitution to the victim under
9 Section 5-5-6 of this Code.
10 (5.1) In addition to any penalties imposed under
11 paragraph (5) of this subsection (c), and except as
12 provided in paragraph (5.2) or (5.3), a person convicted
13 of violating subsection (c) of Section 11-907 of the
14 Illinois Vehicle Code shall have his or her driver's
15 license, permit, or privileges suspended for at least 90
16 days but not more than one year, if the violation
17 resulted in damage to the property of another person.
18 (5.2) In addition to any penalties imposed under
19 paragraph (5) of this subsection (c), and except as
20 provided in paragraph (5.3), a person convicted of
21 violating subsection (c) of Section 11-907 of the
22 Illinois Vehicle Code shall have his or her driver's
23 license, permit, or privileges suspended for at least 180
24 days but not more than 2 years, if the violation resulted
25 in injury to another person.
26 (5.3) In addition to any penalties imposed under
27 paragraph (5) of this subsection (c), a person convicted
28 of violating subsection (c) of Section 11-907 of the
29 Illinois Vehicle Code shall have his or her driver's
30 license, permit, or privileges suspended for 2 years, if
31 the violation resulted in the death of another person.
32 (6) In no case shall an offender be eligible for a
33 disposition of probation or conditional discharge for a
34 Class 1 felony committed while he was serving a term of
-29- LRB093 13523 DRH 19887 b
1 probation or conditional discharge for a felony.
2 (7) When a defendant is adjudged a habitual
3 criminal under Article 33B of the Criminal Code of 1961,
4 the court shall sentence the defendant to a term of
5 natural life imprisonment.
6 (8) When a defendant, over the age of 21 years, is
7 convicted of a Class 1 or Class 2 felony, after having
8 twice been convicted in any state or federal court of an
9 offense that contains the same elements as an offense now
10 classified in Illinois as a Class 2 or greater Class
11 felony and such charges are separately brought and tried
12 and arise out of different series of acts, such defendant
13 shall be sentenced as a Class X offender. This paragraph
14 shall not apply unless (1) the first felony was committed
15 after the effective date of this amendatory Act of 1977;
16 and (2) the second felony was committed after conviction
17 on the first; and (3) the third felony was committed
18 after conviction on the second. A person sentenced as a
19 Class X offender under this paragraph is not eligible to
20 apply for treatment as a condition of probation as
21 provided by Section 40-10 of the Alcoholism and Other
22 Drug Abuse and Dependency Act.
23 (9) A defendant convicted of a second or subsequent
24 offense of ritualized abuse of a child may be sentenced
25 to a term of natural life imprisonment.
26 (10) (Blank). When a person is convicted of
27 violating Section 11-501 of the Illinois Vehicle Code or
28 a similar provision of a local ordinance, the following
29 penalties apply when his or her blood, breath, or urine
30 was .16 or more based on the definition of blood, breath,
31 or urine units in Section 11-501.2 or that person is
32 convicted of violating Section 11-501 of the Illinois
33 Vehicle Code while transporting a child under the age of
34 16:
-30- LRB093 13523 DRH 19887 b
1 (A) For a first violation of subsection (a) of
2 Section 11-501, in addition to any other penalty
3 that may be imposed under subsection (c) of Section
4 11-501: a mandatory minimum of 100 hours of
5 community service and a minimum fine of $500.
6 (B) For a second violation of subsection (a)
7 of Section 11-501, in addition to any other penalty
8 that may be imposed under subsection (c) of Section
9 11-501 within 10 years: a mandatory minimum of 2
10 days of imprisonment and a minimum fine of $1,250.
11 (C) For a third violation of subsection (a) of
12 Section 11-501, in addition to any other penalty
13 that may be imposed under subsection (c) of Section
14 11-501 within 20 years: a mandatory minimum of 90
15 days of imprisonment and a minimum fine of $2,500.
16 (D) For a fourth or subsequent violation of
17 subsection (a) of Section 11-501: ineligibility for
18 a sentence of probation or conditional discharge and
19 a minimum fine of $2,500.
20 (d) In any case in which a sentence originally imposed
21 is vacated, the case shall be remanded to the trial court.
22 The trial court shall hold a hearing under Section 5-4-1 of
23 the Unified Code of Corrections which may include evidence of
24 the defendant's life, moral character and occupation during
25 the time since the original sentence was passed. The trial
26 court shall then impose sentence upon the defendant. The
27 trial court may impose any sentence which could have been
28 imposed at the original trial subject to Section 5-5-4 of the
29 Unified Code of Corrections. If a sentence is vacated on
30 appeal or on collateral attack due to the failure of the
31 trier of fact at trial to determine beyond a reasonable doubt
32 the existence of a fact (other than a prior conviction)
33 necessary to increase the punishment for the offense beyond
34 the statutory maximum otherwise applicable, either the
-31- LRB093 13523 DRH 19887 b
1 defendant may be re-sentenced to a term within the range
2 otherwise provided or, if the State files notice of its
3 intention to again seek the extended sentence, the defendant
4 shall be afforded a new trial.
5 (e) In cases where prosecution for aggravated criminal
6 sexual abuse under Section 12-16 of the Criminal Code of 1961
7 results in conviction of a defendant who was a family member
8 of the victim at the time of the commission of the offense,
9 the court shall consider the safety and welfare of the victim
10 and may impose a sentence of probation only where:
11 (1) the court finds (A) or (B) or both are
12 appropriate:
13 (A) the defendant is willing to undergo a
14 court approved counseling program for a minimum
15 duration of 2 years; or
16 (B) the defendant is willing to participate in
17 a court approved plan including but not limited to
18 the defendant's:
19 (i) removal from the household;
20 (ii) restricted contact with the victim;
21 (iii) continued financial support of the
22 family;
23 (iv) restitution for harm done to the
24 victim; and
25 (v) compliance with any other measures
26 that the court may deem appropriate; and
27 (2) the court orders the defendant to pay for the
28 victim's counseling services, to the extent that the
29 court finds, after considering the defendant's income and
30 assets, that the defendant is financially capable of
31 paying for such services, if the victim was under 18
32 years of age at the time the offense was committed and
33 requires counseling as a result of the offense.
34 Probation may be revoked or modified pursuant to Section
-32- LRB093 13523 DRH 19887 b
1 5-6-4; except where the court determines at the hearing that
2 the defendant violated a condition of his or her probation
3 restricting contact with the victim or other family members
4 or commits another offense with the victim or other family
5 members, the court shall revoke the defendant's probation and
6 impose a term of imprisonment.
7 For the purposes of this Section, "family member" and
8 "victim" shall have the meanings ascribed to them in Section
9 12-12 of the Criminal Code of 1961.
10 (f) This Article shall not deprive a court in other
11 proceedings to order a forfeiture of property, to suspend or
12 cancel a license, to remove a person from office, or to
13 impose any other civil penalty.
14 (g) Whenever a defendant is convicted of an offense
15 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
16 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
17 12-15 or 12-16 of the Criminal Code of 1961, the defendant
18 shall undergo medical testing to determine whether the
19 defendant has any sexually transmissible disease, including a
20 test for infection with human immunodeficiency virus (HIV) or
21 any other identified causative agent of acquired
22 immunodeficiency syndrome (AIDS). Any such medical test
23 shall be performed only by appropriately licensed medical
24 practitioners and may include an analysis of any bodily
25 fluids as well as an examination of the defendant's person.
26 Except as otherwise provided by law, the results of such test
27 shall be kept strictly confidential by all medical personnel
28 involved in the testing and must be personally delivered in a
29 sealed envelope to the judge of the court in which the
30 conviction was entered for the judge's inspection in camera.
31 Acting in accordance with the best interests of the victim
32 and the public, the judge shall have the discretion to
33 determine to whom, if anyone, the results of the testing may
34 be revealed. The court shall notify the defendant of the test
-33- LRB093 13523 DRH 19887 b
1 results. The court shall also notify the victim if requested
2 by the victim, and if the victim is under the age of 15 and
3 if requested by the victim's parents or legal guardian, the
4 court shall notify the victim's parents or legal guardian of
5 the test results. The court shall provide information on the
6 availability of HIV testing and counseling at Department of
7 Public Health facilities to all parties to whom the results
8 of the testing are revealed and shall direct the State's
9 Attorney to provide the information to the victim when
10 possible. A State's Attorney may petition the court to obtain
11 the results of any HIV test administered under this Section,
12 and the court shall grant the disclosure if the State's
13 Attorney shows it is relevant in order to prosecute a charge
14 of criminal transmission of HIV under Section 12-16.2 of the
15 Criminal Code of 1961 against the defendant. The court shall
16 order that the cost of any such test shall be paid by the
17 county and may be taxed as costs against the convicted
18 defendant.
19 (g-5) When an inmate is tested for an airborne
20 communicable disease, as determined by the Illinois
21 Department of Public Health including but not limited to
22 tuberculosis, the results of the test shall be personally
23 delivered by the warden or his or her designee in a sealed
24 envelope to the judge of the court in which the inmate must
25 appear for the judge's inspection in camera if requested by
26 the judge. Acting in accordance with the best interests of
27 those in the courtroom, the judge shall have the discretion
28 to determine what if any precautions need to be taken to
29 prevent transmission of the disease in the courtroom.
30 (h) Whenever a defendant is convicted of an offense
31 under Section 1 or 2 of the Hypodermic Syringes and Needles
32 Act, the defendant shall undergo medical testing to determine
33 whether the defendant has been exposed to human
34 immunodeficiency virus (HIV) or any other identified
-34- LRB093 13523 DRH 19887 b
1 causative agent of acquired immunodeficiency syndrome (AIDS).
2 Except as otherwise provided by law, the results of such test
3 shall be kept strictly confidential by all medical personnel
4 involved in the testing and must be personally delivered in a
5 sealed envelope to the judge of the court in which the
6 conviction was entered for the judge's inspection in camera.
7 Acting in accordance with the best interests of the public,
8 the judge shall have the discretion to determine to whom, if
9 anyone, the results of the testing may be revealed. The court
10 shall notify the defendant of a positive test showing an
11 infection with the human immunodeficiency virus (HIV). The
12 court shall provide information on the availability of HIV
13 testing and counseling at Department of Public Health
14 facilities to all parties to whom the results of the testing
15 are revealed and shall direct the State's Attorney to provide
16 the information to the victim when possible. A State's
17 Attorney may petition the court to obtain the results of any
18 HIV test administered under this Section, and the court
19 shall grant the disclosure if the State's Attorney shows it
20 is relevant in order to prosecute a charge of criminal
21 transmission of HIV under Section 12-16.2 of the Criminal
22 Code of 1961 against the defendant. The court shall order
23 that the cost of any such test shall be paid by the county
24 and may be taxed as costs against the convicted defendant.
25 (i) All fines and penalties imposed under this Section
26 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
27 Vehicle Code, or a similar provision of a local ordinance,
28 and any violation of the Child Passenger Protection Act, or a
29 similar provision of a local ordinance, shall be collected
30 and disbursed by the circuit clerk as provided under Section
31 27.5 of the Clerks of Courts Act.
32 (j) In cases when prosecution for any violation of
33 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
34 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
-35- LRB093 13523 DRH 19887 b
1 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
2 12-16 of the Criminal Code of 1961, any violation of the
3 Illinois Controlled Substances Act, or any violation of the
4 Cannabis Control Act results in conviction, a disposition of
5 court supervision, or an order of probation granted under
6 Section 10 of the Cannabis Control Act or Section 410 of the
7 Illinois Controlled Substance Act of a defendant, the court
8 shall determine whether the defendant is employed by a
9 facility or center as defined under the Child Care Act of
10 1969, a public or private elementary or secondary school, or
11 otherwise works with children under 18 years of age on a
12 daily basis. When a defendant is so employed, the court
13 shall order the Clerk of the Court to send a copy of the
14 judgment of conviction or order of supervision or probation
15 to the defendant's employer by certified mail. If the
16 employer of the defendant is a school, the Clerk of the Court
17 shall direct the mailing of a copy of the judgment of
18 conviction or order of supervision or probation to the
19 appropriate regional superintendent of schools. The regional
20 superintendent of schools shall notify the State Board of
21 Education of any notification under this subsection.
22 (j-5) A defendant at least 17 years of age who is
23 convicted of a felony and who has not been previously
24 convicted of a misdemeanor or felony and who is sentenced to
25 a term of imprisonment in the Illinois Department of
26 Corrections shall as a condition of his or her sentence be
27 required by the court to attend educational courses designed
28 to prepare the defendant for a high school diploma and to
29 work toward a high school diploma or to work toward passing
30 the high school level Test of General Educational Development
31 (GED) or to work toward completing a vocational training
32 program offered by the Department of Corrections. If a
33 defendant fails to complete the educational training required
34 by his or her sentence during the term of incarceration, the
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1 Prisoner Review Board shall, as a condition of mandatory
2 supervised release, require the defendant, at his or her own
3 expense, to pursue a course of study toward a high school
4 diploma or passage of the GED test. The Prisoner Review
5 Board shall revoke the mandatory supervised release of a
6 defendant who wilfully fails to comply with this subsection
7 (j-5) upon his or her release from confinement in a penal
8 institution while serving a mandatory supervised release
9 term; however, the inability of the defendant after making a
10 good faith effort to obtain financial aid or pay for the
11 educational training shall not be deemed a wilful failure to
12 comply. The Prisoner Review Board shall recommit the
13 defendant whose mandatory supervised release term has been
14 revoked under this subsection (j-5) as provided in Section
15 3-3-9. This subsection (j-5) does not apply to a defendant
16 who has a high school diploma or has successfully passed the
17 GED test. This subsection (j-5) does not apply to a defendant
18 who is determined by the court to be developmentally disabled
19 or otherwise mentally incapable of completing the educational
20 or vocational program.
21 (k) A court may not impose a sentence or disposition for
22 a felony or misdemeanor that requires the defendant to be
23 implanted or injected with or to use any form of birth
24 control.
25 (l) (A) Except as provided in paragraph (C) of
26 subsection (l), whenever a defendant, who is an alien as
27 defined by the Immigration and Nationality Act, is
28 convicted of any felony or misdemeanor offense, the court
29 after sentencing the defendant may, upon motion of the
30 State's Attorney, hold sentence in abeyance and remand
31 the defendant to the custody of the Attorney General of
32 the United States or his or her designated agent to be
33 deported when:
34 (1) a final order of deportation has been
-37- LRB093 13523 DRH 19887 b
1 issued against the defendant pursuant to proceedings
2 under the Immigration and Nationality Act, and
3 (2) the deportation of the defendant would not
4 deprecate the seriousness of the defendant's conduct
5 and would not be inconsistent with the ends of
6 justice.
7 Otherwise, the defendant shall be sentenced as
8 provided in this Chapter V.
9 (B) If the defendant has already been sentenced for
10 a felony or misdemeanor offense, or has been placed on
11 probation under Section 10 of the Cannabis Control Act or
12 Section 410 of the Illinois Controlled Substances Act,
13 the court may, upon motion of the State's Attorney to
14 suspend the sentence imposed, commit the defendant to the
15 custody of the Attorney General of the United States or
16 his or her designated agent when:
17 (1) a final order of deportation has been
18 issued against the defendant pursuant to proceedings
19 under the Immigration and Nationality Act, and
20 (2) the deportation of the defendant would not
21 deprecate the seriousness of the defendant's conduct
22 and would not be inconsistent with the ends of
23 justice.
24 (C) This subsection (l) does not apply to offenders
25 who are subject to the provisions of paragraph (2) of
26 subsection (a) of Section 3-6-3.
27 (D) Upon motion of the State's Attorney, if a
28 defendant sentenced under this Section returns to the
29 jurisdiction of the United States, the defendant shall be
30 recommitted to the custody of the county from which he or
31 she was sentenced. Thereafter, the defendant shall be
32 brought before the sentencing court, which may impose any
33 sentence that was available under Section 5-5-3 at the
34 time of initial sentencing. In addition, the defendant
-38- LRB093 13523 DRH 19887 b
1 shall not be eligible for additional good conduct credit
2 for meritorious service as provided under Section 3-6-6.
3 (m) A person convicted of criminal defacement of
4 property under Section 21-1.3 of the Criminal Code of 1961,
5 in which the property damage exceeds $300 and the property
6 damaged is a school building, shall be ordered to perform
7 community service that may include cleanup, removal, or
8 painting over the defacement.
9 (n) The court may sentence a person convicted of a
10 violation of Section 12-19, 12-21, or 16-1.3 of the Criminal
11 Code of 1961 (i) to an impact incarceration program if the
12 person is otherwise eligible for that program under Section
13 5-8-1.1, (ii) to community service, or (iii) if the person is
14 an addict or alcoholic, as defined in the Alcoholism and
15 Other Drug Abuse and Dependency Act, to a substance or
16 alcohol abuse program licensed under that Act.
17 (Source: P.A. 92-183, eff. 7-27-01; 92-248, eff. 8-3-01;
18 92-283, eff. 1-1-02; 92-340, eff. 8-10-01; 92-418, eff.
19 8-17-01; 92-422, eff. 8-17-01; 92-651, eff. 7-11-02; 92-698,
20 eff. 7-19-02; 93-44, eff. 7-1-03; 93-156, eff. 1-1-04;
21 93-169, eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff.
22 1-1-04; 93-546, eff. 1-1-04; revised 10-9-03.)
23 (730 ILCS 5/5-6-4) (from Ch. 38, par. 1005-6-4)
24 Sec. 5-6-4. Violation, Modification or Revocation of
25 Probation, of Conditional Discharge or Supervision or of a
26 sentence of county impact incarceration - Hearing.
27 (a) Except in cases where conditional discharge or
28 supervision was imposed for a petty offense as defined in
29 Section 5-1-17, when a petition is filed charging a violation
30 of a condition, the court may:
31 (1) in the case of probation violations, order the
32 issuance of a notice to the offender to be present by the
33 County Probation Department or such other agency
-39- LRB093 13523 DRH 19887 b
1 designated by the court to handle probation matters; and
2 in the case of conditional discharge or supervision
3 violations, such notice to the offender shall be issued
4 by the Circuit Court Clerk; and in the case of a
5 violation of a sentence of county impact incarceration,
6 such notice shall be issued by the Sheriff;
7 (2) order a summons to the offender to be present
8 for hearing; or
9 (3) order a warrant for the offender's arrest where
10 there is danger of his fleeing the jurisdiction or
11 causing serious harm to others or when the offender fails
12 to answer a summons or notice from the clerk of the court
13 or Sheriff.
14 Personal service of the petition for violation of
15 probation or the issuance of such warrant, summons or notice
16 shall toll the period of probation, conditional discharge,
17 supervision, or sentence of county impact incarceration until
18 the final determination of the charge, and the term of
19 probation, conditional discharge, supervision, or sentence of
20 county impact incarceration shall not run until the hearing
21 and disposition of the petition for violation.
22 (b) The court shall conduct a hearing of the alleged
23 violation. The court shall admit the offender to bail pending
24 the hearing unless the alleged violation is itself a criminal
25 offense in which case the offender shall be admitted to bail
26 on such terms as are provided in the Code of Criminal
27 Procedure of 1963, as amended. In any case where an offender
28 remains incarcerated only as a result of his alleged
29 violation of the court's earlier order of probation,
30 supervision, conditional discharge, or county impact
31 incarceration such hearing shall be held within 14 days of
32 the onset of said incarceration, unless the alleged violation
33 is the commission of another offense by the offender during
34 the period of probation, supervision or conditional discharge
-40- LRB093 13523 DRH 19887 b
1 in which case such hearing shall be held within the time
2 limits described in Section 103-5 of the Code of Criminal
3 Procedure of 1963, as amended.
4 (c) The State has the burden of going forward with the
5 evidence and proving the violation by the preponderance of
6 the evidence. The evidence shall be presented in open court
7 with the right of confrontation, cross-examination, and
8 representation by counsel.
9 (d) Probation, conditional discharge, periodic
10 imprisonment and supervision shall not be revoked for failure
11 to comply with conditions of a sentence or supervision, which
12 imposes financial obligations upon the offender unless such
13 failure is due to his willful refusal to pay.
14 (e) If the court finds that the offender has violated a
15 condition at any time prior to the expiration or termination
16 of the period, it may continue him on the existing sentence,
17 with or without modifying or enlarging the conditions, or may
18 impose any other sentence that was available under Section
19 5-5-3 of this Code or Section 11-501 of the Illinois Vehicle
20 Code at the time of initial sentencing. If the court finds
21 that the person has failed to successfully complete his or
22 her sentence to a county impact incarceration program, the
23 court may impose any other sentence that was available under
24 Section 5-5-3 of this Code or Section 11-501 of the Illinois
25 Vehicle Code at the time of initial sentencing, except for a
26 sentence of probation or conditional discharge.
27 (f) The conditions of probation, of conditional
28 discharge, of supervision, or of a sentence of county impact
29 incarceration may be modified by the court on motion of the
30 supervising agency or on its own motion or at the request of
31 the offender after notice and a hearing.
32 (g) A judgment revoking supervision, probation,
33 conditional discharge, or a sentence of county impact
34 incarceration is a final appealable order.
-41- LRB093 13523 DRH 19887 b
1 (h) Resentencing after revocation of probation,
2 conditional discharge, supervision, or a sentence of county
3 impact incarceration shall be under Article 4. Time served on
4 probation, conditional discharge or supervision shall not be
5 credited by the court against a sentence of imprisonment or
6 periodic imprisonment unless the court orders otherwise.
7 (i) Instead of filing a violation of probation,
8 conditional discharge, supervision, or a sentence of county
9 impact incarceration, an agent or employee of the supervising
10 agency with the concurrence of his or her supervisor may
11 serve on the defendant a Notice of Intermediate Sanctions.
12 The Notice shall contain the technical violation or
13 violations involved, the date or dates of the violation or
14 violations, and the intermediate sanctions to be imposed.
15 Upon receipt of the Notice, the defendant shall immediately
16 accept or reject the intermediate sanctions. If the
17 sanctions are accepted, they shall be imposed immediately.
18 If the intermediate sanctions are rejected or the defendant
19 does not respond to the Notice, a violation of probation,
20 conditional discharge, supervision, or a sentence of county
21 impact incarceration shall be immediately filed with the
22 court. The State's Attorney and the sentencing court shall
23 be notified of the Notice of Sanctions. Upon successful
24 completion of the intermediate sanctions, a court may not
25 revoke probation, conditional discharge, supervision, or a
26 sentence of county impact incarceration or impose additional
27 sanctions for the same violation. A notice of intermediate
28 sanctions may not be issued for any violation of probation,
29 conditional discharge, supervision, or a sentence of county
30 impact incarceration which could warrant an additional,
31 separate felony charge. The intermediate sanctions shall
32 include a term of home detention as provided in Article 8A of
33 Chapter V of this Code for multiple or repeat violations of
34 the terms and conditions of a sentence of probation,
-42- LRB093 13523 DRH 19887 b
1 conditional discharge, or supervision.
2 (Source: P.A. 89-198, eff. 7-21-95; 89-587, eff. 7-31-96;
3 89-647, eff. 1-1-97; 90-14, eff. 7-1-97.)
4 (730 ILCS 5/5-6-4.1) (from Ch. 38, par. 1005-6-4.1)
5 Sec. 5-6-4.1. Violation, Modification or Revocation of
6 Conditional Discharge or Supervision - Hearing.) (a) In
7 cases where a defendant was placed upon supervision or
8 conditional discharge for the commission of a petty offense,
9 upon the oral or written motion of the State, or on the
10 court's own motion, which charges that a violation of a
11 condition of that conditional discharge or supervision has
12 occurred, the court may:
13 (1) Conduct a hearing instanter if the offender is
14 present in court;
15 (2) Order the issuance by the court clerk of a notice to
16 the offender to be present for a hearing for violation;
17 (3) Order summons to the offender to be present; or
18 (4) Order a warrant for the offender's arrest.
19 The oral motion, if the defendant is present, or the
20 issuance of such warrant, summons or notice shall toll the
21 period of conditional discharge or supervision until the
22 final determination of the charge, and the term of
23 conditional discharge or supervision shall not run until the
24 hearing and disposition of the petition for violation.
25 (b) The Court shall admit the offender to bail pending
26 the hearing.
27 (c) The State has the burden of going forward with the
28 evidence and proving the violation by the preponderance of
29 the evidence. The evidence shall be presented in open court
30 with the right of confrontation, cross-examination, and
31 representation by counsel.
32 (d) Conditional discharge or supervision shall not be
33 revoked for failure to comply with the conditions of the
-43- LRB093 13523 DRH 19887 b
1 discharge or supervision which imposed financial obligations
2 upon the offender unless such failure is due to his wilful
3 refusal to pay.
4 (e) If the court finds that the offender has violated a
5 condition at any time prior to the expiration or termination
6 of the period, it may continue him on the existing sentence
7 or supervision with or without modifying or enlarging the
8 conditions, or may impose any other sentence that was
9 available under Section 5-5-3 of this Code or Section 11-501
10 of the Illinois Vehicle Code at the time of initial
11 sentencing.
12 (f) The conditions of conditional discharge and of
13 supervision may be modified by the court on motion of the
14 probation officer or on its own motion or at the request of
15 the offender after notice to the defendant and a hearing.
16 (g) A judgment revoking supervision is a final
17 appealable order.
18 (h) Resentencing after revocation of conditional
19 discharge or of supervision shall be under Article 4. Time
20 served on conditional discharge or supervision shall be
21 credited by the court against a sentence of imprisonment or
22 periodic imprisonment unless the court orders otherwise.
23 (Source: P.A. 81-815.)
24 (730 ILCS 5/5-8-7) (from Ch. 38, par. 1005-8-7)
25 Sec. 5-8-7. Calculation of Term of Imprisonment.
26 (a) A sentence of imprisonment shall commence on the
27 date on which the offender is received by the Department or
28 the institution at which the sentence is to be served.
29 (b) The offender shall be given credit on the
30 determinate sentence or maximum term and the minimum period
31 of imprisonment for time spent in custody as a result of the
32 offense for which the sentence was imposed, at the rate
33 specified in Section 3-6-3 of this Code. Except when
-44- LRB093 13523 DRH 19887 b
1 prohibited by subsection (d), the trial court may give credit
2 to the defendant for time spent in home detention, or when
3 the defendant has been confined for psychiatric or substance
4 abuse treatment prior to judgment, if the court finds that
5 the detention or confinement was custodial.
6 (c) An offender arrested on one charge and prosecuted on
7 another charge for conduct which occurred prior to his arrest
8 shall be given credit on the determinate sentence or maximum
9 term and the minimum term of imprisonment for time spent in
10 custody under the former charge not credited against another
11 sentence.
12 (d) An offender sentenced to a term of imprisonment for
13 an offense listed in paragraph (2) of subsection (c) of
14 Section 5-5-3 of this Code or in paragraph (3) of subsection
15 (c-1) of Section 11-501 of the Illinois Vehicle Code shall
16 not receive credit for time spent in home detention prior to
17 judgment.
18 (Source: P.A. 88-119; 89-647, eff. 1-1-97.)