SB1897 Enrolled

LRB094 11227 RLC 41954 b






1
    AN ACT concerning criminal law.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Unified Code of Corrections is amended  by 
5
changing Section 5-6-1 as follows:
 



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.

 


 






SB1897 Enrolled
- 2 -
LRB094 11227 RLC 41954 b




1
    The court shall impose as a condition of a sentence of 
2
probation,
conditional discharge, or supervision, that the 
3
probation agency may invoke any
sanction from the list of 
4
intermediate sanctions adopted by the chief judge of
the 
5
circuit court for violations of the terms and conditions of the 
6
sentence of
probation, conditional discharge, or supervision, 
7
subject to the provisions of
Section 5-6-4 of this Act.

8
    (b) The court may impose a sentence of conditional

9
discharge for an offense if the court is of the opinion
that 
10
neither a sentence of imprisonment nor of periodic
imprisonment 
11
nor of probation supervision is appropriate.

12
    (c) The court may, upon a plea of guilty or a stipulation

13
by the defendant of the facts supporting the charge or a

14
finding of guilt, defer further proceedings and the
imposition 
15
of a sentence, and enter an order for supervision of the 
16
defendant,
if the defendant is not charged with: (i) a Class A 
17
misdemeanor, as
defined by the following provisions of the 
18
Criminal Code of 1961: Sections
11-9.1; 12-3.2; 12-15; 26-5; 
19
31-1; 31-6; 31-7; subsections (b) and (c) of Section
21-1;

20
paragraph (1) through (5), (8), (10), and (11) of subsection 
21
(a) of Section
24-1; (ii) a Class A misdemeanor violation of 
22
Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals 
23
Act; or (iii)
felony.
If the defendant
is not barred from 
24
receiving an order for supervision as provided in this

25
subsection, the court may enter an order for supervision after 
26
considering the
circumstances of the offense, and the history,

27
character and condition of the offender, if the court is of the 
28
opinion
that:


29
        (1) the offender is not likely to commit further 
30
    crimes;


31
        (2) the defendant and the public would be best served 
32
    if the
defendant were not to receive a criminal record; and


33
        (3) in the best interests of justice an order of 
34
    supervision
is more appropriate than a sentence otherwise 
35
    permitted under this Code.

36
    (d) The provisions of paragraph (c) shall not apply to a 
 


 






SB1897 Enrolled
- 3 -
LRB094 11227 RLC 41954 b




1
defendant charged
with violating Section 11-501 of the Illinois 
2
Vehicle Code or a similar
provision of a local
ordinance when 
3
the defendant has previously been:


4
        (1) convicted for a violation of Section 11-501 of
the 
5
    Illinois Vehicle
Code or a similar provision of a
local 
6
    ordinance or any similar law or ordinance of another state; 
7
    or


8
        (2) assigned supervision for a violation of Section 
9
    11-501 of the Illinois
Vehicle Code or a similar provision 
10
    of a local ordinance or any similar law
or ordinance of 
11
    another state; or


12
        (3) pleaded guilty to or stipulated to the facts 
13
    supporting
a charge or a finding of guilty to a violation 
14
    of Section 11-503 of the
Illinois Vehicle Code or a similar 
15
    provision of a local ordinance or any
similar law or 
16
    ordinance of another state, and the
plea or stipulation was 
17
    the result of a plea agreement.

18
    The court shall consider the statement of the prosecuting

19
authority with regard to the standards set forth in this 
20
Section.

21
    (e) The provisions of paragraph (c) shall not apply to a 
22
defendant
charged with violating Section 16A-3 of the Criminal 
23
Code of 1961 if said
defendant has within the last 5 years 
24
been:


25
        (1) convicted for a violation of Section 16A-3 of the 
26
    Criminal Code of
1961; or


27
        (2) assigned supervision for a violation of Section 
28
    16A-3 of the Criminal
Code of 1961.

29
    The court shall consider the statement of the prosecuting 
30
authority with
regard to the standards set forth in this 
31
Section.

32
    (f) The provisions of paragraph (c) shall not apply to a 
33
defendant
charged with violating Sections 15-111, 15-112, 
34
15-301, paragraph (b)
of Section 6-104, Section 11-605, or 
35
Section 11-1414
of the Illinois Vehicle Code or a similar 
36
provision of a local ordinance.

 


 






SB1897 Enrolled
- 4 -
LRB094 11227 RLC 41954 b




1
    (g) Except as otherwise provided in paragraph (i) of this 
2
Section, the
provisions of paragraph (c) shall not apply to a

3
defendant charged with violating Section
3-707, 3-708, 3-710, 
4
or 5-401.3
of the Illinois Vehicle Code or a similar provision 
5
of a local ordinance if the
defendant has within the last 5 
6
years been:


7
        (1) convicted for a violation of Section 3-707, 3-708, 
8
    3-710, or 5-401.3
of the Illinois Vehicle Code or a similar 
9
    provision of a local
ordinance; or


10
        (2) assigned supervision for a violation of Section 
11
    3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle 
12
    Code or a similar provision of a local
ordinance.

13
    The court shall consider the statement of the prosecuting 
14
authority with
regard to the standards set forth in this 
15
Section.

16
    (h) The provisions of paragraph (c) shall not apply to a 
17
defendant under
the age of 21 years charged with violating a 
18
serious traffic offense as defined
in Section 1-187.001 of the 
19
Illinois Vehicle Code:


20
        (1) unless the defendant, upon payment of the fines, 
21
    penalties, and costs
provided by law, agrees to attend and 
22
    successfully complete a traffic safety
program approved by 
23
    the court under standards set by the Conference of Chief

24
    Circuit Judges.  The accused shall be responsible for 
25
    payment of any traffic
safety program fees.  If the accused 
26
    fails to file a certificate of
successful completion on or 
27
    before the termination date of the supervision
order, the 
28
    supervision shall be summarily revoked and conviction 
29
    entered.  The
provisions of Supreme Court Rule 402 relating 
30
    to pleas of guilty do not apply
in cases when a defendant 
31
    enters a guilty plea under this provision; or


32
        (2) if the defendant has previously been sentenced 
33
    under the provisions of
paragraph (c) on or after January 
34
    1, 1998 for any serious traffic offense as
defined in 
35
    Section 1-187.001 of the Illinois Vehicle Code.

36
    (i) The provisions of paragraph (c) shall not apply to a 
 


 






SB1897 Enrolled
- 5 -
LRB094 11227 RLC 41954 b




1
defendant charged
with violating Section 3-707 of the Illinois 
2
Vehicle Code or a similar
provision of a local ordinance if the 
3
defendant has been assigned supervision
for a violation of 
4
Section 3-707 of the Illinois Vehicle Code or a similar

5
provision of a local ordinance.

6
    (j) The provisions of paragraph (c) shall not apply to a

7
defendant charged with violating
Section 6-303 of the Illinois 
8
Vehicle Code or a similar provision of
a local ordinance when 
9
the revocation or suspension was for a violation of
Section 
10
11-501 or a similar provision of a local ordinance, a violation 
11
of
Section 11-501.1 or paragraph (b) of Section 11-401 of the 
12
Illinois Vehicle
Code, or a violation of Section 9-3 of the 
13
Criminal Code of 1961 if the
defendant has within the last 10 
14
years been:


15
        (1) convicted for a violation of Section 6-303 of the 
16
    Illinois Vehicle
Code or a similar provision of a local 
17
    ordinance; or


18
        (2) assigned supervision for a violation of Section 
19
    6-303 of the Illinois
Vehicle Code or a similar provision 
20
    of a local ordinance.

21
(Source: P.A. 93-388, eff. 7-25-03; 93-1014, eff. 1-1-05.)