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1 | AN ACT concerning driving offenses, which may be referred | ||||||
2 | to as Matt's Law.
| ||||||
3 | Be it enacted by the People of the State of Illinois,
| ||||||
4 | represented in the General Assembly:
| ||||||
5 | Section 5. The Unified Code of Corrections is amended by | ||||||
6 | changing Sections 5-5-3.2 and 5-6-1 as follows:
| ||||||
7 | (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
| ||||||
8 | Sec. 5-5-3.2. Factors in Aggravation.
| ||||||
9 | (a) The following factors shall be accorded weight in favor | ||||||
10 | of
imposing a term of imprisonment or may be considered by the | ||||||
11 | court as reasons
to impose a more severe sentence under Section | ||||||
12 | 5-8-1:
| ||||||
13 | (1) the defendant's conduct caused or threatened | ||||||
14 | serious harm;
| ||||||
15 | (2) the defendant received compensation for committing | ||||||
16 | the offense;
| ||||||
17 | (3) the defendant has a history of prior delinquency or | ||||||
18 | criminal activity;
| ||||||
19 | (4) the defendant, by the duties of his office or by | ||||||
20 | his position,
was obliged to prevent the particular offense | ||||||
21 | committed or to bring
the offenders committing it to | ||||||
22 | justice;
| ||||||
23 | (5) the defendant held public office at the time of the | ||||||
24 | offense,
and the offense related to the conduct of that | ||||||
25 | office;
| ||||||
26 | (6) the defendant utilized his professional reputation | ||||||
27 | or
position in the community to commit the offense, or to | ||||||
28 | afford
him an easier means of committing it;
| ||||||
29 | (7) the sentence is necessary to deter others from | ||||||
30 | committing
the same crime;
| ||||||
31 | (8) the defendant committed the offense against a | ||||||
32 | person 60 years of age
or older or such person's property;
|
| |||||||
| |||||||
1 | (9) the defendant committed the offense against a | ||||||
2 | person who is
physically handicapped or such person's | ||||||
3 | property;
| ||||||
4 | (10) by reason of another individual's actual or | ||||||
5 | perceived race, color,
creed, religion, ancestry, gender, | ||||||
6 | sexual orientation, physical or mental
disability, or | ||||||
7 | national origin, the defendant committed the offense | ||||||
8 | against (i)
the person or property
of that individual; (ii) | ||||||
9 | the person or property of a person who has an
association | ||||||
10 | with, is married to, or has a friendship with the other | ||||||
11 | individual;
or (iii) the person or property of a relative | ||||||
12 | (by blood or marriage) of a
person described in clause (i) | ||||||
13 | or (ii). For the purposes of this Section,
"sexual | ||||||
14 | orientation" means heterosexuality, homosexuality, or | ||||||
15 | bisexuality;
| ||||||
16 | (11) the offense took place in a place of worship or on | ||||||
17 | the
grounds of a place of worship, immediately prior to, | ||||||
18 | during or immediately
following worship services. For | ||||||
19 | purposes of this subparagraph, "place of
worship" shall | ||||||
20 | mean any church, synagogue or other building, structure or
| ||||||
21 | place used primarily for religious worship;
| ||||||
22 | (12) the defendant was convicted of a felony committed | ||||||
23 | while he was
released on bail or his own recognizance | ||||||
24 | pending trial for a prior felony
and was convicted of such | ||||||
25 | prior felony, or the defendant was convicted of a
felony | ||||||
26 | committed while he was serving a period of probation,
| ||||||
27 | conditional discharge, or mandatory supervised release | ||||||
28 | under subsection (d)
of Section 5-8-1
for a prior felony;
| ||||||
29 | (13) the defendant committed or attempted to commit a | ||||||
30 | felony while he
was wearing a bulletproof vest. For the | ||||||
31 | purposes of this paragraph (13), a
bulletproof vest is any | ||||||
32 | device which is designed for the purpose of
protecting the | ||||||
33 | wearer from bullets, shot or other lethal projectiles;
| ||||||
34 | (14) the defendant held a position of trust or | ||||||
35 | supervision such as, but
not limited to, family member as | ||||||
36 | defined in Section 12-12 of the Criminal Code
of 1961, |
| |||||||
| |||||||
1 | teacher, scout leader, baby sitter, or day care worker, in
| ||||||
2 | relation to a victim under 18 years of age, and the | ||||||
3 | defendant committed an
offense in violation of Section | ||||||
4 | 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 12-13, | ||||||
5 | 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
| ||||||
6 | against
that victim;
| ||||||
7 | (15) the defendant committed an offense related to the | ||||||
8 | activities of an
organized gang. For the purposes of this | ||||||
9 | factor, "organized gang" has the
meaning ascribed to it in | ||||||
10 | Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||||||
11 | Act;
| ||||||
12 | (16) the defendant committed an offense in violation of | ||||||
13 | one of the
following Sections while in a school, regardless | ||||||
14 | of the time of day or time of
year; on any conveyance | ||||||
15 | owned, leased, or contracted by a school to transport
| ||||||
16 | students to or from school or a school related activity; on | ||||||
17 | the real property
of a school; or on a public way within | ||||||
18 | 1,000 feet of the real property
comprising any school: | ||||||
19 | Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
| ||||||
20 | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
21 | 12-6, 12-6.1, 12-13,
12-14, 12-14.1, 12-15, 12-16, 18-2, or | ||||||
22 | 33A-2 of the Criminal Code of
1961;
| ||||||
23 | (16.5) the defendant committed an offense in violation | ||||||
24 | of one of the
following Sections while in a day care | ||||||
25 | center, regardless of the time of day or
time of year; on | ||||||
26 | the real property of a day care center, regardless of the | ||||||
27 | time
of day or time of year; or on a public
way within | ||||||
28 | 1,000 feet of the real property comprising any day care | ||||||
29 | center,
regardless of the time of day or time of year:
| ||||||
30 | Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1, | ||||||
31 | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
32 | 12-6,
12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or | ||||||
33 | 33A-2 of the Criminal
Code of 1961;
| ||||||
34 | (17) the defendant committed the offense by reason of | ||||||
35 | any person's
activity as a community policing volunteer or | ||||||
36 | to prevent any person from
engaging in activity as a |
| |||||||
| |||||||
1 | community policing volunteer. For the purpose of
this | ||||||
2 | Section, "community policing volunteer" has the meaning | ||||||
3 | ascribed to it in
Section 2-3.5 of the Criminal Code of | ||||||
4 | 1961;
| ||||||
5 | (18) the defendant committed the offense in a nursing | ||||||
6 | home or on the
real
property comprising a nursing home. For | ||||||
7 | the purposes of this paragraph (18),
"nursing home" means a | ||||||
8 | skilled nursing
or intermediate long term care facility | ||||||
9 | that is subject to license by the
Illinois Department of | ||||||
10 | Public Health under the Nursing Home Care
Act; or
| ||||||
11 | (19) the defendant was a federally licensed firearm | ||||||
12 | dealer
and
was
previously convicted of a violation of | ||||||
13 | subsection (a) of Section 3 of the
Firearm Owners | ||||||
14 | Identification Card Act and has now committed either a | ||||||
15 | felony
violation
of the Firearm Owners Identification Card | ||||||
16 | Act or an act of armed violence while
armed
with a firearm ; | ||||||
17 | or
.
| ||||||
18 | (20) the defendant (i) committed the offense of | ||||||
19 | reckless driving or aggravated reckless driving under | ||||||
20 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
21 | operating a motor vehicle in excess of 20 miles per hour | ||||||
22 | over the posted speed limit as provided in Article VI of | ||||||
23 | Chapter 11 of the Illinois Vehicle Code.
| ||||||
24 | For the purposes of this Section:
| ||||||
25 | "School" is defined as a public or private
elementary or | ||||||
26 | secondary school, community college, college, or university.
| ||||||
27 | "Day care center" means a public or private State certified | ||||||
28 | and
licensed day care center as defined in Section 2.09 of the | ||||||
29 | Child Care Act of
1969 that displays a sign in plain view | ||||||
30 | stating that the
property is a day care center.
| ||||||
31 | (b) The following factors may be considered by the court as
| ||||||
32 | reasons to impose an extended term sentence under Section 5-8-2
| ||||||
33 | upon any offender:
| ||||||
34 | (1) When a defendant is convicted of any felony, after | ||||||
35 | having
been previously convicted in Illinois or any other | ||||||
36 | jurisdiction of the
same or similar class felony or greater |
| |||||||
| |||||||
1 | class felony, when such conviction
has occurred within 10 | ||||||
2 | years after the
previous conviction, excluding time spent | ||||||
3 | in custody, and such charges are
separately brought and | ||||||
4 | tried and arise out of different series of acts; or
| ||||||
5 | (2) When a defendant is convicted of any felony and the | ||||||
6 | court
finds that the offense was accompanied by | ||||||
7 | exceptionally brutal
or heinous behavior indicative of | ||||||
8 | wanton cruelty; or
| ||||||
9 | (3) When a defendant is convicted of voluntary | ||||||
10 | manslaughter, second
degree murder, involuntary | ||||||
11 | manslaughter or reckless homicide in which the
defendant | ||||||
12 | has been convicted of causing the death of more than one | ||||||
13 | individual; or
| ||||||
14 | (4) When a defendant is convicted of any felony | ||||||
15 | committed against:
| ||||||
16 | (i) a person under 12 years of age at the time of | ||||||
17 | the offense or such
person's property;
| ||||||
18 | (ii) a person 60 years of age or older at the time | ||||||
19 | of the offense or
such person's property; or
| ||||||
20 | (iii) a person physically handicapped at the time | ||||||
21 | of the offense or
such person's property; or
| ||||||
22 | (5) In the case of a defendant convicted of aggravated | ||||||
23 | criminal sexual
assault or criminal sexual assault, when | ||||||
24 | the court finds that
aggravated criminal sexual assault or | ||||||
25 | criminal sexual assault
was also committed on the same | ||||||
26 | victim by one or more other individuals,
and the defendant | ||||||
27 | voluntarily participated in the crime with the knowledge
of | ||||||
28 | the participation of the others in the crime, and the | ||||||
29 | commission of the
crime was part of a single course of | ||||||
30 | conduct during which there was no
substantial change in the | ||||||
31 | nature of the criminal objective; or
| ||||||
32 | (6) When a defendant is convicted of any felony and the | ||||||
33 | offense
involved any of the following types of specific | ||||||
34 | misconduct committed as
part of a ceremony, rite, | ||||||
35 | initiation, observance, performance, practice or
activity | ||||||
36 | of any actual or ostensible religious, fraternal, or social |
| |||||||
| |||||||
1 | group:
| ||||||
2 | (i) the brutalizing or torturing of humans or | ||||||
3 | animals;
| ||||||
4 | (ii) the theft of human corpses;
| ||||||
5 | (iii) the kidnapping of humans;
| ||||||
6 | (iv) the desecration of any cemetery, religious, | ||||||
7 | fraternal, business,
governmental, educational, or | ||||||
8 | other building or property; or
| ||||||
9 | (v) ritualized abuse of a child; or
| ||||||
10 | (7) When a defendant is convicted of first degree | ||||||
11 | murder, after having
been previously convicted in Illinois | ||||||
12 | of any offense listed under paragraph
(c)(2) of Section | ||||||
13 | 5-5-3, when such conviction has occurred within 10 years
| ||||||
14 | after the previous conviction, excluding time spent in | ||||||
15 | custody,
and such charges are separately brought and tried | ||||||
16 | and arise out of
different series of acts; or
| ||||||
17 | (8) When a defendant is convicted of a felony other | ||||||
18 | than conspiracy and
the court finds that
the felony was | ||||||
19 | committed under an agreement with 2 or more other persons
| ||||||
20 | to commit that offense and the defendant, with respect to | ||||||
21 | the other
individuals, occupied a position of organizer, | ||||||
22 | supervisor, financier, or any
other position of management | ||||||
23 | or leadership, and the court further finds that
the felony | ||||||
24 | committed was related to or in furtherance of the criminal
| ||||||
25 | activities of an organized gang or was motivated by the | ||||||
26 | defendant's leadership
in an organized gang; or
| ||||||
27 | (9) When a defendant is convicted of a felony violation | ||||||
28 | of Section 24-1
of the Criminal Code of 1961 and the court | ||||||
29 | finds that the defendant is a member
of an organized gang; | ||||||
30 | or
| ||||||
31 | (10) When a defendant committed the offense using a | ||||||
32 | firearm with a
laser sight attached to it. For purposes of | ||||||
33 | this paragraph (10), "laser sight"
has the meaning ascribed | ||||||
34 | to it in Section 24.6-5 of the Criminal Code of
1961; or
| ||||||
35 | (11) When a defendant who was at least 17 years of age | ||||||
36 | at the
time of
the commission of the offense is convicted |
| |||||||
| |||||||
1 | of a felony and has been previously
adjudicated a | ||||||
2 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
3 | an act
that if committed by an adult would be a Class X or | ||||||
4 | Class 1 felony when the
conviction has occurred within 10 | ||||||
5 | years after the previous adjudication,
excluding time | ||||||
6 | spent in custody; or
| ||||||
7 | (12) When a defendant commits an offense involving the | ||||||
8 | illegal
manufacture of a controlled substance under | ||||||
9 | Section 401 of the Illinois
Controlled Substances Act or | ||||||
10 | the illegal possession of explosives and an
emergency | ||||||
11 | response
officer in
the performance of his or her duties is
| ||||||
12 | killed or injured at the scene of the offense while | ||||||
13 | responding to the
emergency caused by the commission of the | ||||||
14 | offense.
In this paragraph (12),
"emergency" means a | ||||||
15 | situation in which a person's life, health, or safety is
in | ||||||
16 | jeopardy; and
"emergency response officer" means a peace | ||||||
17 | officer, community policing
volunteer, fireman, emergency | ||||||
18 | medical
technician-ambulance, emergency medical | ||||||
19 | technician-intermediate, emergency
medical | ||||||
20 | technician-paramedic, ambulance
driver, other medical | ||||||
21 | assistance or first aid personnel, or hospital emergency
| ||||||
22 | room personnel.
| ||||||
23 | (b-1) For the purposes of this Section, "organized gang" | ||||||
24 | has the meaning
ascribed to it in Section 10 of the Illinois | ||||||
25 | Streetgang Terrorism Omnibus
Prevention Act.
| ||||||
26 | (c) The court may impose an extended term sentence under | ||||||
27 | Section 5-8-2
upon any offender who was convicted of aggravated | ||||||
28 | criminal sexual assault
or predatory criminal sexual assault of | ||||||
29 | a child under subsection (a)(1) of
Section 12-14.1 of
the | ||||||
30 | Criminal Code of 1961
where the victim was under 18 years of | ||||||
31 | age at the time of the commission
of the offense.
| ||||||
32 | (d) The court may impose an extended term sentence under | ||||||
33 | Section 5-8-2 upon
any offender who was convicted of unlawful | ||||||
34 | use of weapons under Section 24-1 of
the Criminal Code of 1961 | ||||||
35 | for possessing a weapon that is not readily
distinguishable as | ||||||
36 | one of the weapons enumerated in Section 24-1 of the
Criminal |
| |||||||
| |||||||
1 | Code of 1961.
| ||||||
2 | (Source: P.A. 91-119, eff. 1-1-00; 91-120, eff. 7-15-99; | ||||||
3 | 91-252, eff. 1-1-00;
91-267, eff. 1-1-00; 91-268, eff. 1-1-00; | ||||||
4 | 91-357, eff. 7-29-99; 91-437, eff.
1-1-00; 91-696, eff. | ||||||
5 | 4-13-00; 92-266, eff. 1-1-02.)
| ||||||
6 | (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
| ||||||
7 | Sec. 5-6-1. Sentences of Probation and of Conditional
| ||||||
8 | Discharge and Disposition of Supervision.
The General Assembly | ||||||
9 | finds that in order to protect the public, the
criminal justice | ||||||
10 | system must compel compliance with the conditions of probation
| ||||||
11 | by responding to violations with swift, certain and fair | ||||||
12 | punishments and
intermediate sanctions. The Chief Judge of each | ||||||
13 | circuit shall adopt a system of
structured, intermediate | ||||||
14 | sanctions for violations of the terms and conditions
of a | ||||||
15 | sentence of probation, conditional discharge or disposition of
| ||||||
16 | supervision.
| ||||||
17 | (a) Except where specifically prohibited by other
| ||||||
18 | provisions of this Code, the court shall impose a sentence
of | ||||||
19 | probation or conditional discharge upon an offender
unless, | ||||||
20 | having regard to the nature and circumstance of
the offense, | ||||||
21 | and to the history, character and condition
of the offender, | ||||||
22 | the court is of the opinion that:
| ||||||
23 | (1) his imprisonment or periodic imprisonment is | ||||||
24 | necessary
for the protection of the public; or
| ||||||
25 | (2) probation or conditional discharge would deprecate
| ||||||
26 | the seriousness of the offender's conduct and would be
| ||||||
27 | inconsistent with the ends of justice; or
| ||||||
28 | (3) a combination of imprisonment with concurrent or | ||||||
29 | consecutive probation when an offender has been admitted | ||||||
30 | into a drug court program under Section 20 of the Drug | ||||||
31 | Court Treatment Act is necessary for the protection of the | ||||||
32 | public and for the rehabilitation of the offender.
| ||||||
33 | The court shall impose as a condition of a sentence of | ||||||
34 | probation,
conditional discharge, or supervision, that the | ||||||
35 | probation agency may invoke any
sanction from the list of |
| |||||||
| |||||||
1 | intermediate sanctions adopted by the chief judge of
the | ||||||
2 | circuit court for violations of the terms and conditions of the | ||||||
3 | sentence of
probation, conditional discharge, or supervision, | ||||||
4 | subject to the provisions of
Section 5-6-4 of this Act.
| ||||||
5 | (b) The court may impose a sentence of conditional
| ||||||
6 | discharge for an offense if the court is of the opinion
that | ||||||
7 | neither a sentence of imprisonment nor of periodic
imprisonment | ||||||
8 | nor of probation supervision is appropriate.
| ||||||
9 | (b-1) Subsections (a) and (b) of this Section do not apply | ||||||
10 | to a defendant charged with a misdemeanor or felony under the | ||||||
11 | Illinois Vehicle Code or reckless homicide under Section 9-3 of | ||||||
12 | the Criminal Code of 1961 if the defendant within the past 12 | ||||||
13 | months has been convicted of or pleaded guilty to a misdemeanor | ||||||
14 | or felony under the Illinois Vehicle Code or reckless homicide | ||||||
15 | under Section 9-3 of the Criminal Code of 1961.
| ||||||
16 | (c) The court may, upon a plea of guilty or a stipulation
| ||||||
17 | by the defendant of the facts supporting the charge or a
| ||||||
18 | finding of guilt, defer further proceedings and the
imposition | ||||||
19 | of a sentence, and enter an order for supervision of the | ||||||
20 | defendant,
if the defendant is not charged with: (i) a Class A | ||||||
21 | misdemeanor, as
defined by the following provisions of the | ||||||
22 | Criminal Code of 1961: Sections
12-3.2; 12-15; 26-5; 31-1; | ||||||
23 | 31-6; 31-7; subsections (b) and (c) of Section
21-1;
paragraph | ||||||
24 | (1) through (5), (8), (10), and (11) of subsection (a) of | ||||||
25 | Section
24-1; (ii) a Class A misdemeanor violation of Section
| ||||||
26 | 3.01,
3.03-1, or 4.01 of the Humane Care
for Animals Act; or | ||||||
27 | (iii)
felony.
If the defendant
is not barred from receiving an | ||||||
28 | order for supervision as provided in this
subsection, the court | ||||||
29 | may enter an order for supervision after considering the
| ||||||
30 | circumstances of the offense, and the history,
character and | ||||||
31 | condition of the offender, if the court is of the opinion
that:
| ||||||
32 | (1) the offender is not likely to commit further | ||||||
33 | crimes;
| ||||||
34 | (2) the defendant and the public would be best served | ||||||
35 | if the
defendant were not to receive a criminal record; and
| ||||||
36 | (3) in the best interests of justice an order of |
| |||||||
| |||||||
1 | supervision
is more appropriate than a sentence otherwise | ||||||
2 | permitted under this Code.
| ||||||
3 | (d) The provisions of paragraph (c) shall not apply to a | ||||||
4 | defendant charged
with violating Section 11-501 of the Illinois | ||||||
5 | Vehicle Code or a similar
provision of a local
ordinance when | ||||||
6 | the defendant has previously been:
| ||||||
7 | (1) convicted for a violation of Section 11-501 of
the | ||||||
8 | Illinois Vehicle
Code or a similar provision of a
local | ||||||
9 | ordinance or any similar law or ordinance of another state; | ||||||
10 | or
| ||||||
11 | (2) assigned supervision for a violation of Section | ||||||
12 | 11-501 of the Illinois
Vehicle Code or a similar provision | ||||||
13 | of a local ordinance or any similar law
or ordinance of | ||||||
14 | another state; or
| ||||||
15 | (3) pleaded guilty to or stipulated to the facts | ||||||
16 | supporting
a charge or a finding of guilty to a violation | ||||||
17 | of Section 11-503 of the
Illinois Vehicle Code or a similar | ||||||
18 | provision of a local ordinance or any
similar law or | ||||||
19 | ordinance of another state, and the
plea or stipulation was | ||||||
20 | the result of a plea agreement.
| ||||||
21 | The court shall consider the statement of the prosecuting
| ||||||
22 | authority with regard to the standards set forth in this | ||||||
23 | Section.
| ||||||
24 | (e) The provisions of paragraph (c) shall not apply to a | ||||||
25 | defendant
charged with violating Section 16A-3 of the Criminal | ||||||
26 | Code of 1961 if said
defendant has within the last 5 years | ||||||
27 | been:
| ||||||
28 | (1) convicted for a violation of Section 16A-3 of the | ||||||
29 | Criminal Code of
1961; or
| ||||||
30 | (2) assigned supervision for a violation of Section | ||||||
31 | 16A-3 of the Criminal
Code of 1961.
| ||||||
32 | The court shall consider the statement of the prosecuting | ||||||
33 | authority with
regard to the standards set forth in this | ||||||
34 | Section.
| ||||||
35 | (f) The provisions of paragraph (c) shall not apply to a | ||||||
36 | defendant
charged with violating Sections 15-111, 15-112, |
| |||||||
| |||||||
1 | 15-301, paragraph (b)
of Section 6-104, Section 11-605, or | ||||||
2 | Section 11-1414
of the Illinois Vehicle Code or a similar | ||||||
3 | provision of a local ordinance.
| ||||||
4 | (g) Except as otherwise provided in paragraph (i) of this | ||||||
5 | Section, the
provisions of paragraph (c) shall not apply to a
| ||||||
6 | defendant charged with violating Section
3-707, 3-708, 3-710, | ||||||
7 | or 5-401.3
of the Illinois Vehicle Code or a similar provision | ||||||
8 | of a local ordinance if the
defendant has within the last 5 | ||||||
9 | years been:
| ||||||
10 | (1) convicted for a violation of Section 3-707, 3-708, | ||||||
11 | 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | ||||||
12 | provision of a local
ordinance; or
| ||||||
13 | (2) assigned supervision for a violation of Section | ||||||
14 | 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle | ||||||
15 | Code or a similar provision of a local
ordinance.
| ||||||
16 | The court shall consider the statement of the prosecuting | ||||||
17 | authority with
regard to the standards set forth in this | ||||||
18 | Section.
| ||||||
19 | (h) The provisions of paragraph (c) shall not apply to a | ||||||
20 | defendant under
the age of 21 years charged with violating a | ||||||
21 | serious traffic offense as defined
in Section 1-187.001 of the | ||||||
22 | Illinois Vehicle Code:
| ||||||
23 | (1) unless the defendant, upon payment of the fines, | ||||||
24 | penalties, and costs
provided by law, agrees to attend and | ||||||
25 | successfully complete a traffic safety
program approved by | ||||||
26 | the court under standards set by the Conference of Chief
| ||||||
27 | Circuit Judges. The accused shall be responsible for | ||||||
28 | payment of any traffic
safety program fees. If the accused | ||||||
29 | fails to file a certificate of
successful completion on or | ||||||
30 | before the termination date of the supervision
order, the | ||||||
31 | supervision shall be summarily revoked and conviction | ||||||
32 | entered. The
provisions of Supreme Court Rule 402 relating | ||||||
33 | to pleas of guilty do not apply
in cases when a defendant | ||||||
34 | enters a guilty plea under this provision; or
| ||||||
35 | (2) if the defendant has previously been sentenced | ||||||
36 | under the provisions of
paragraph (c) on or after January |
| |||||||
| |||||||
1 | 1, 1998 for any serious traffic offense as
defined in | ||||||
2 | Section 1-187.001 of the Illinois Vehicle Code.
| ||||||
3 | (i) The provisions of paragraph (c) shall not apply to a | ||||||
4 | defendant charged
with violating Section 3-707 of the Illinois | ||||||
5 | Vehicle Code or a similar
provision of a local ordinance if the | ||||||
6 | defendant has been assigned supervision
for a violation of | ||||||
7 | Section 3-707 of the Illinois Vehicle Code or a similar
| ||||||
8 | provision of a local ordinance.
| ||||||
9 | (j) The provisions of paragraph (c) shall not apply to a
| ||||||
10 | defendant charged with violating
Section 6-303 of the Illinois | ||||||
11 | Vehicle Code or a similar provision of
a local ordinance when | ||||||
12 | the revocation or suspension was for a violation of
Section | ||||||
13 | 11-501 or a similar provision of a local ordinance, a violation | ||||||
14 | of
Section 11-501.1 or paragraph (b) of Section 11-401 of the | ||||||
15 | Illinois Vehicle
Code, or a violation of Section 9-3 of the | ||||||
16 | Criminal Code of 1961 if the
defendant has within the last 10 | ||||||
17 | years been:
| ||||||
18 | (1) convicted for a violation of Section 6-303 of the | ||||||
19 | Illinois Vehicle
Code or a similar provision of a local | ||||||
20 | ordinance; or
| ||||||
21 | (2) assigned supervision for a violation of Section | ||||||
22 | 6-303 of the Illinois
Vehicle Code or a similar provision | ||||||
23 | of a local ordinance.
| ||||||
24 | (Source: P.A. 93-388, eff. 7-25-03; 93-1014, eff. 1-1-05.)
|