94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1897


 
Introduced 2/25/2005, by Sen. Dan Cronin
 
SYNOPSIS AS INTRODUCED:
 		














730 ILCS 5/5-6-1
  from Ch. 38, par. 1005-6-1







    Amends the Unified Code of Corrections.  Provides that a person charged with a Class A misdemeanor violation of sexual exploitation of a child may not receive a disposition of supervision.
















LRB094 11227 RLC 41954 b

















 


 


A BILL FOR









 











SB1897

LRB094 11227 RLC 41954 b






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    AN ACT concerning criminal law.

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


 
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    Section 5. The Unified Code of Corrections is amended  by 
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changing Section 5-6-1 as follows:
 



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    (730 ILCS 5/5-6-1)  (from Ch. 38, par. 1005-6-1)


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    Sec. 5-6-1. Sentences of Probation and of Conditional

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Discharge and Disposition of Supervision.
The General Assembly 
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finds that in order to protect the public, the
criminal justice 
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system must compel compliance with the conditions of probation

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by responding to violations with swift, certain and fair 
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punishments and
intermediate sanctions. The Chief Judge of each 
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circuit shall adopt a system of
structured, intermediate 
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sanctions for violations of the terms and conditions
of a 
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sentence of probation, conditional discharge or disposition of

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supervision.

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    (a) Except where specifically prohibited by other

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provisions of this Code, the court shall impose a sentence
of 
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probation or conditional discharge upon an offender
unless, 
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having regard to the nature and circumstance of
the offense, 
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and to the history, character and condition
of the offender, 
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the court is of the opinion that:


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        (1) his imprisonment or periodic imprisonment is 
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    necessary
for the protection of the public; or


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        (2) probation or conditional discharge would deprecate

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    the seriousness of the offender's conduct and would be

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    inconsistent with the ends of justice; or

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        (3) a combination of imprisonment with concurrent or 
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    consecutive probation when an offender has been admitted 
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    into a drug court program under Section 20 of the Drug 
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    Court Treatment Act is necessary for the protection of the 
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    public and for the rehabilitation of the offender.

 


 






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    The court shall impose as a condition of a sentence of 
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probation,
conditional discharge, or supervision, that the 
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probation agency may invoke any
sanction from the list of 
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intermediate sanctions adopted by the chief judge of
the 
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circuit court for violations of the terms and conditions of the 
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sentence of
probation, conditional discharge, or supervision, 
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subject to the provisions of
Section 5-6-4 of this Act.

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    (b) The court may impose a sentence of conditional

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discharge for an offense if the court is of the opinion
that 
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neither a sentence of imprisonment nor of periodic
imprisonment 
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nor of probation supervision is appropriate.

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    (c) The court may, upon a plea of guilty or a stipulation

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by the defendant of the facts supporting the charge or a

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finding of guilt, defer further proceedings and the
imposition 
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of a sentence, and enter an order for supervision of the 
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defendant,
if the defendant is not charged with: (i) a Class A 
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misdemeanor, as
defined by the following provisions of the 
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Criminal Code of 1961: Sections
11-9.1; 12-3.2; 12-15; 26-5; 
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31-1; 31-6; 31-7; subsections (b) and (c) of Section
21-1;

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paragraph (1) through (5), (8), (10), and (11) of subsection 
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(a) of Section
24-1; (ii) a Class A misdemeanor violation of 
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Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals 
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Act; or (iii)
felony.
If the defendant
is not barred from 
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receiving an order for supervision as provided in this

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subsection, the court may enter an order for supervision after 
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considering the
circumstances of the offense, and the history,

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character and condition of the offender, if the court is of the 
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opinion
that:


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        (1) the offender is not likely to commit further 
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    crimes;


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        (2) the defendant and the public would be best served 
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    if the
defendant were not to receive a criminal record; and


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        (3) in the best interests of justice an order of 
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    supervision
is more appropriate than a sentence otherwise 
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    permitted under this Code.

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    (d) The provisions of paragraph (c) shall not apply to a 
 


 






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defendant charged
with violating Section 11-501 of the Illinois 
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Vehicle Code or a similar
provision of a local
ordinance when 
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the defendant has previously been:


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        (1) convicted for a violation of Section 11-501 of
the 
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    Illinois Vehicle
Code or a similar provision of a
local 
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    ordinance or any similar law or ordinance of another state; 
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    or


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        (2) assigned supervision for a violation of Section 
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    11-501 of the Illinois
Vehicle Code or a similar provision 
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    of a local ordinance or any similar law
or ordinance of 
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    another state; or


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        (3) pleaded guilty to or stipulated to the facts 
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    supporting
a charge or a finding of guilty to a violation 
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    of Section 11-503 of the
Illinois Vehicle Code or a similar 
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    provision of a local ordinance or any
similar law or 
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    ordinance of another state, and the
plea or stipulation was 
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    the result of a plea agreement.

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    The court shall consider the statement of the prosecuting

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authority with regard to the standards set forth in this 
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Section.

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    (e) The provisions of paragraph (c) shall not apply to a 
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defendant
charged with violating Section 16A-3 of the Criminal 
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Code of 1961 if said
defendant has within the last 5 years 
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been:


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        (1) convicted for a violation of Section 16A-3 of the 
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    Criminal Code of
1961; or


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        (2) assigned supervision for a violation of Section 
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    16A-3 of the Criminal
Code of 1961.

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    The court shall consider the statement of the prosecuting 
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authority with
regard to the standards set forth in this 
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Section.

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    (f) The provisions of paragraph (c) shall not apply to a 
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defendant
charged with violating Sections 15-111, 15-112, 
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15-301, paragraph (b)
of Section 6-104, Section 11-605, or 
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Section 11-1414
of the Illinois Vehicle Code or a similar 
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provision of a local ordinance.

 


 






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    (g) Except as otherwise provided in paragraph (i) of this 
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Section, the
provisions of paragraph (c) shall not apply to a

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defendant charged with violating Section
3-707, 3-708, 3-710, 
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or 5-401.3
of the Illinois Vehicle Code or a similar provision 
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of a local ordinance if the
defendant has within the last 5 
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years been:


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        (1) convicted for a violation of Section 3-707, 3-708, 
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    3-710, or 5-401.3
of the Illinois Vehicle Code or a similar 
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    provision of a local
ordinance; or


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        (2) assigned supervision for a violation of Section 
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    3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle 
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    Code or a similar provision of a local
ordinance.

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    The court shall consider the statement of the prosecuting 
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authority with
regard to the standards set forth in this 
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Section.

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    (h) The provisions of paragraph (c) shall not apply to a 
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defendant under
the age of 21 years charged with violating a 
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serious traffic offense as defined
in Section 1-187.001 of the 
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Illinois Vehicle Code:


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        (1) unless the defendant, upon payment of the fines, 
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    penalties, and costs
provided by law, agrees to attend and 
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    successfully complete a traffic safety
program approved by 
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    the court under standards set by the Conference of Chief

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    Circuit Judges.  The accused shall be responsible for 
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    payment of any traffic
safety program fees.  If the accused 
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    fails to file a certificate of
successful completion on or 
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    before the termination date of the supervision
order, the 
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    supervision shall be summarily revoked and conviction 
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    entered.  The
provisions of Supreme Court Rule 402 relating 
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    to pleas of guilty do not apply
in cases when a defendant 
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    enters a guilty plea under this provision; or


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        (2) if the defendant has previously been sentenced 
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    under the provisions of
paragraph (c) on or after January 
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    1, 1998 for any serious traffic offense as
defined in 
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    Section 1-187.001 of the Illinois Vehicle Code.

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    (i) The provisions of paragraph (c) shall not apply to a 
 


 






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defendant charged
with violating Section 3-707 of the Illinois 
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Vehicle Code or a similar
provision of a local ordinance if the 
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defendant has been assigned supervision
for a violation of 
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Section 3-707 of the Illinois Vehicle Code or a similar

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provision of a local ordinance.

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    (j) The provisions of paragraph (c) shall not apply to a

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defendant charged with violating
Section 6-303 of the Illinois 
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Vehicle Code or a similar provision of
a local ordinance when 
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the revocation or suspension was for a violation of
Section 
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11-501 or a similar provision of a local ordinance, a violation 
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of
Section 11-501.1 or paragraph (b) of Section 11-401 of the 
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Illinois Vehicle
Code, or a violation of Section 9-3 of the 
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Criminal Code of 1961 if the
defendant has within the last 10 
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years been:


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        (1) convicted for a violation of Section 6-303 of the 
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    Illinois Vehicle
Code or a similar provision of a local 
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    ordinance; or


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        (2) assigned supervision for a violation of Section 
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    6-303 of the Illinois
Vehicle Code or a similar provision 
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    of a local ordinance.

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(Source: P.A. 93-388, eff. 7-25-03; 93-1014, eff. 1-1-05.)