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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 3. The Illinois Vehicle Code is amended by changing | ||||||
5 | Section 3-707 as follows:
| ||||||
6 | (625 ILCS 5/3-707) (from Ch. 95 1/2, par. 3-707)
| ||||||
7 | Sec. 3-707. Operation of uninsured motor vehicle - penalty.
| ||||||
8 | (a) No person
shall operate a motor vehicle unless the | ||||||
9 | motor vehicle is covered by a
liability insurance policy in | ||||||
10 | accordance with Section 7-601 of this Code.
| ||||||
11 | (b) Any person who fails to comply with a request by a law | ||||||
12 | enforcement
officer for display of evidence of insurance, as | ||||||
13 | required under Section
7-602 of this Code, shall be deemed to | ||||||
14 | be operating an uninsured motor vehicle.
| ||||||
15 | (c) Any operator of a motor vehicle subject to registration | ||||||
16 | under this
Code
who is convicted of violating this Section is | ||||||
17 | guilty of a business
offense and shall be required to pay a | ||||||
18 | fine in excess of $500, but
not more than $1,000. However, no | ||||||
19 | person charged with violating this
Section shall be convicted | ||||||
20 | if such person produces in court satisfactory
evidence that at | ||||||
21 | the time of the arrest the motor vehicle was covered by a
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22 | liability insurance policy in accordance with Section 7-601 of | ||||||
23 | this Code.
The chief judge of each circuit may designate an |
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1 | officer of the court to
review the documentation demonstrating | ||||||
2 | that at the time of arrest the motor
vehicle was covered by a | ||||||
3 | liability insurance policy in accordance with Section
7-601 of | ||||||
4 | this Code. | ||||||
5 | (c-1) A person convicted of violating this Section shall | ||||||
6 | also have his or her driver's license, permit, or privileges | ||||||
7 | suspended for 3 months. After the expiration of the 3 months, | ||||||
8 | the person's driver's license, permit, or privileges shall not | ||||||
9 | be reinstated until he or she has paid a reinstatement fee of | ||||||
10 | $100. If a person violates this Section while his or her | ||||||
11 | driver's license, permit, or privileges are suspended under | ||||||
12 | this subsection (c-1), his or her driver's license, permit, or | ||||||
13 | privileges shall be suspended for an additional 6 months and | ||||||
14 | until he or she pays the reinstatement fee.
| ||||||
15 | (d) A person convicted a third or subsequent time of | ||||||
16 | violating this
Section or a similar provision of a local | ||||||
17 | ordinance must give proof to the
Secretary of State of the | ||||||
18 | person's financial responsibility as defined in
Section 7-315. | ||||||
19 | The person must maintain the proof in a manner satisfactory to
| ||||||
20 | the Secretary for a minimum period of 3 years
one year after | ||||||
21 | the date the proof is
first filed. The Secretary must suspend | ||||||
22 | the driver's license of any person
determined by the Secretary | ||||||
23 | not to have provided adequate proof of financial
responsibility | ||||||
24 | as required by this subsection.
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25 | (Source: P.A. 94-1035, eff. 7-1-07.)
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1 | Section 5. The Unified Code of Corrections is amended by | ||||||
2 | changing
Section 5-6-3.1 as follows:
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3 | (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
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4 | Sec. 5-6-3.1. Incidents and Conditions of Supervision.
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5 | (a) When a defendant is placed on supervision, the court | ||||||
6 | shall enter
an order for supervision specifying the period of | ||||||
7 | such supervision, and
shall defer further proceedings in the | ||||||
8 | case until the conclusion of the
period.
| ||||||
9 | (b) The period of supervision shall be reasonable under all | ||||||
10 | of the
circumstances of the case, but may not be longer than 2 | ||||||
11 | years, unless the
defendant has failed to pay the assessment | ||||||
12 | required by Section 10.3 of the
Cannabis Control Act,
Section | ||||||
13 | 411.2 of the Illinois Controlled
Substances Act, or Section 80 | ||||||
14 | of the Methamphetamine Control and Community Protection Act, in | ||||||
15 | which case the court may extend supervision beyond 2 years.
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16 | Additionally, the court shall order the defendant to perform no | ||||||
17 | less than 30
hours of community service and not more than 120 | ||||||
18 | hours of community service, if
community service is available | ||||||
19 | in the
jurisdiction and is funded and approved by the county | ||||||
20 | board where the offense
was committed,
when the offense (1) was
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21 | related to or in furtherance of the criminal activities of an | ||||||
22 | organized gang or
was motivated by the defendant's membership | ||||||
23 | in or allegiance to an organized
gang; or (2) is a violation of | ||||||
24 | any Section of Article 24 of the Criminal
Code of 1961 where a | ||||||
25 | disposition of supervision is not prohibited by Section
5-6-1 |
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1 | of this Code.
The
community service shall include, but not be | ||||||
2 | limited to, the cleanup and repair
of any damage caused by | ||||||
3 | violation of Section 21-1.3 of the Criminal Code of
1961 and | ||||||
4 | similar damages to property located within the municipality or | ||||||
5 | county
in which the violation occurred. Where possible and | ||||||
6 | reasonable, the community
service should be performed in the | ||||||
7 | offender's neighborhood.
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8 | For the purposes of this
Section, "organized gang" has the | ||||||
9 | meaning ascribed to it in Section 10 of the
Illinois Streetgang | ||||||
10 | Terrorism Omnibus Prevention Act.
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11 | (c) The court may in addition to other reasonable | ||||||
12 | conditions
relating to the nature of the offense or the | ||||||
13 | rehabilitation of the
defendant as determined for each | ||||||
14 | defendant in the proper discretion of
the court require that | ||||||
15 | the person:
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16 | (1) make a report to and appear in person before or | ||||||
17 | participate with
the court or such courts, person, or | ||||||
18 | social service agency as directed
by the court in the order | ||||||
19 | of supervision;
| ||||||
20 | (2) pay a fine and costs;
| ||||||
21 | (3) work or pursue a course of study or vocational | ||||||
22 | training;
| ||||||
23 | (4) undergo medical, psychological or psychiatric | ||||||
24 | treatment; or
treatment for drug addiction or alcoholism;
| ||||||
25 | (5) attend or reside in a facility established for the | ||||||
26 | instruction
or residence of defendants on probation;
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| |||||||
1 | (6) support his dependents;
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2 | (7) refrain from possessing a firearm or other | ||||||
3 | dangerous weapon;
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4 | (8) and in addition, if a minor:
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5 | (i) reside with his parents or in a foster home;
| ||||||
6 | (ii) attend school;
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7 | (iii) attend a non-residential program for youth;
| ||||||
8 | (iv) contribute to his own support at home or in a | ||||||
9 | foster home; or
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10 | (v) with the consent of the superintendent of the
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11 | facility, attend an educational program at a facility | ||||||
12 | other than the school
in which the
offense was | ||||||
13 | committed if he
or she is placed on supervision for a | ||||||
14 | crime of violence as
defined in
Section 2 of the Crime | ||||||
15 | Victims Compensation Act committed in a school, on the
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16 | real
property
comprising a school, or within 1,000 feet | ||||||
17 | of the real property comprising a
school;
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18 | (9) make restitution or reparation in an amount not to | ||||||
19 | exceed actual
loss or damage to property and pecuniary loss | ||||||
20 | or make restitution under Section
5-5-6 to a domestic | ||||||
21 | violence shelter. The court shall
determine the amount and | ||||||
22 | conditions of payment;
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23 | (10) perform some reasonable public or community | ||||||
24 | service;
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25 | (11) comply with the terms and conditions of an order | ||||||
26 | of protection
issued by the court pursuant to the Illinois |
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1 | Domestic Violence Act of 1986 or
an order of protection | ||||||
2 | issued by the court of another state, tribe, or United
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3 | States territory.
If the court has ordered the defendant to | ||||||
4 | make a report and appear in
person under paragraph (1) of | ||||||
5 | this subsection, a copy of the order of
protection shall be | ||||||
6 | transmitted to the person or agency so designated
by the | ||||||
7 | court;
| ||||||
8 | (12) reimburse any "local anti-crime program" as | ||||||
9 | defined in Section 7 of
the Anti-Crime Advisory Council Act | ||||||
10 | for any reasonable expenses incurred by the
program on the | ||||||
11 | offender's case, not to exceed the maximum amount of the
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12 | fine authorized for the offense for which the defendant was | ||||||
13 | sentenced;
| ||||||
14 | (13) contribute a reasonable sum of money, not to
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15 | exceed the maximum amount of the fine authorized for the | ||||||
16 | offense for which
the defendant was sentenced, to a "local | ||||||
17 | anti-crime program", as defined
in Section 7 of the | ||||||
18 | Anti-Crime Advisory Council Act;
| ||||||
19 | (14) refrain from entering into a designated | ||||||
20 | geographic area except
upon such terms as the court finds | ||||||
21 | appropriate. Such terms may include
consideration of the | ||||||
22 | purpose of the entry, the time of day, other persons
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23 | accompanying the defendant, and advance approval by a | ||||||
24 | probation officer;
| ||||||
25 | (15) refrain from having any contact, directly or | ||||||
26 | indirectly, with
certain specified persons or particular |
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1 | types of person, including but not
limited to members of | ||||||
2 | street gangs and drug users or dealers;
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3 | (16) refrain from having in his or her body the | ||||||
4 | presence of any illicit
drug prohibited by the Cannabis | ||||||
5 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
6 | Methamphetamine Control and Community Protection Act, | ||||||
7 | unless prescribed by a physician, and submit samples of
his | ||||||
8 | or her blood or urine or both for tests to determine the | ||||||
9 | presence of any
illicit drug;
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10 | (17) refrain from operating any motor vehicle not | ||||||
11 | equipped with an
ignition interlock device as defined in | ||||||
12 | Section 1-129.1 of the Illinois
Vehicle Code. Under this | ||||||
13 | condition the court may allow a defendant who is not
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14 | self-employed to operate a vehicle owned by the defendant's | ||||||
15 | employer that is
not equipped with an ignition interlock | ||||||
16 | device in the course and scope of the
defendant's | ||||||
17 | employment; and
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18 | (18) if placed on supervision for a sex offense as | ||||||
19 | defined in subsection (a-5) of Section 3-1-2 of this Code, | ||||||
20 | unless the offender is a parent or guardian of the person | ||||||
21 | under 18 years of age present in the home and no | ||||||
22 | non-familial minors are present, not participate in a | ||||||
23 | holiday event involving
children
under 18 years of age, | ||||||
24 | such as distributing candy or other items to children on
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25 | Halloween,
wearing a Santa Claus costume on or preceding | ||||||
26 | Christmas, being employed as a
department store Santa |
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1 | Claus, or wearing an Easter Bunny costume on or
preceding
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2 | Easter. | ||||||
3 | (d) The court shall defer entering any judgment on the | ||||||
4 | charges
until the conclusion of the supervision.
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5 | (e) At the conclusion of the period of supervision, if the | ||||||
6 | court
determines that the defendant has successfully complied | ||||||
7 | with all of the
conditions of supervision, the court shall | ||||||
8 | discharge the defendant and
enter a judgment dismissing the | ||||||
9 | charges.
| ||||||
10 | (f) Discharge and dismissal upon a successful conclusion of | ||||||
11 | a
disposition of supervision shall be deemed without | ||||||
12 | adjudication of guilt
and shall not be termed a conviction for | ||||||
13 | purposes of disqualification or
disabilities imposed by law | ||||||
14 | upon conviction of a crime. Two years after the
discharge and | ||||||
15 | dismissal under this Section, unless the disposition of
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16 | supervision was for a violation of Sections 3-707, 3-708, | ||||||
17 | 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a | ||||||
18 | similar
provision of a local ordinance, or for a violation of | ||||||
19 | Sections 12-3.2
or 16A-3 of the Criminal Code of 1961, in which | ||||||
20 | case it shall be 5
years after discharge and dismissal, a | ||||||
21 | person may have his record
of arrest sealed or expunged as may | ||||||
22 | be provided by law. However, any
defendant placed on | ||||||
23 | supervision before January 1, 1980, may move for
sealing or | ||||||
24 | expungement of his arrest record, as provided by law, at any
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25 | time after discharge and dismissal under this Section.
A person | ||||||
26 | placed on supervision for a sexual offense committed against a |
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1 | minor
as defined in subsection (g) of Section 5 of the Criminal | ||||||
2 | Identification Act
or for a violation of Section 11-501 of the | ||||||
3 | Illinois Vehicle Code or a
similar provision of a local | ||||||
4 | ordinance
shall not have his or her record of arrest sealed or | ||||||
5 | expunged.
| ||||||
6 | (g) A defendant placed on supervision and who during the | ||||||
7 | period of
supervision undergoes mandatory drug or alcohol | ||||||
8 | testing, or both, or is
assigned to be placed on an approved | ||||||
9 | electronic monitoring device, shall be
ordered to pay the costs | ||||||
10 | incidental to such mandatory drug or alcohol
testing, or both, | ||||||
11 | and costs incidental to such approved electronic
monitoring in | ||||||
12 | accordance with the defendant's ability to pay those costs.
The | ||||||
13 | county board with the concurrence of the Chief Judge of the | ||||||
14 | judicial
circuit in which the county is located shall establish | ||||||
15 | reasonable fees for
the cost of maintenance, testing, and | ||||||
16 | incidental expenses related to the
mandatory drug or alcohol | ||||||
17 | testing, or both, and all costs incidental to
approved | ||||||
18 | electronic monitoring, of all defendants placed on | ||||||
19 | supervision.
The concurrence of the Chief Judge shall be in the | ||||||
20 | form of an
administrative order.
The fees shall be collected by | ||||||
21 | the clerk of the circuit court. The clerk of
the circuit court | ||||||
22 | shall pay all moneys collected from these fees to the county
| ||||||
23 | treasurer who shall use the moneys collected to defray the | ||||||
24 | costs of
drug testing, alcohol testing, and electronic | ||||||
25 | monitoring.
The county treasurer shall deposit the fees | ||||||
26 | collected in the
county working cash fund under Section 6-27001 |
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1 | or Section 6-29002 of the
Counties Code, as the case may be.
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2 | (h) A disposition of supervision is a final order for the | ||||||
3 | purposes
of appeal.
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4 | (i) The court shall impose upon a defendant placed on | ||||||
5 | supervision
after January 1, 1992 or to community service under | ||||||
6 | the supervision of a
probation or court services department | ||||||
7 | after January 1, 2004, as a condition
of supervision or | ||||||
8 | supervised community service, a fee of $50 for
each month of | ||||||
9 | supervision or supervised community service ordered by the
| ||||||
10 | court, unless after
determining the inability of the person | ||||||
11 | placed on supervision or supervised
community service to pay | ||||||
12 | the
fee, the court assesses a lesser fee. The court may not | ||||||
13 | impose the fee on a
minor who is made a ward of the State under | ||||||
14 | the Juvenile Court Act of 1987
while the minor is in placement.
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15 | The fee shall be imposed only upon a
defendant who is actively | ||||||
16 | supervised by the
probation and court services
department. The | ||||||
17 | fee shall be collected by the clerk of the circuit court.
The | ||||||
18 | clerk of the circuit court shall pay all monies collected from | ||||||
19 | this fee
to the county treasurer for deposit in the probation | ||||||
20 | and court services
fund pursuant to Section 15.1 of the | ||||||
21 | Probation and
Probation Officers Act.
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22 | A circuit court may not impose a probation fee in excess of | ||||||
23 | $25
per month unless: (1) the circuit court has adopted, by | ||||||
24 | administrative
order issued by the chief judge, a standard | ||||||
25 | probation fee guide
determining an offender's ability to pay, | ||||||
26 | under guidelines developed by
the Administrative
Office of the |
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1 | Illinois Courts; and (2) the circuit court has authorized, by
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2 | administrative order issued by the chief judge, the creation of | ||||||
3 | a Crime
Victim's Services Fund, to be administered by the Chief | ||||||
4 | Judge or his or
her designee, for services to crime victims and | ||||||
5 | their families. Of the
amount collected as a probation fee, not | ||||||
6 | to exceed $5 of that fee
collected per month may be used to | ||||||
7 | provide services to crime victims
and their families.
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8 | (j) All fines and costs imposed under this Section for any
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9 | violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||||||
10 | Code, or a
similar provision of a local ordinance, and any | ||||||
11 | violation of the Child
Passenger Protection Act, or a similar | ||||||
12 | provision of a local ordinance, shall
be collected and | ||||||
13 | disbursed by the circuit clerk as provided under Section
27.5 | ||||||
14 | of the Clerks of Courts Act.
| ||||||
15 | (k) A defendant at least 17 years of age who is placed on | ||||||
16 | supervision
for a misdemeanor in a county of 3,000,000 or more | ||||||
17 | inhabitants
and who has not been previously convicted of a | ||||||
18 | misdemeanor or felony
may as a condition of his or her | ||||||
19 | supervision be required by the court to
attend educational | ||||||
20 | courses designed to prepare the defendant for a high school
| ||||||
21 | diploma and to work toward a high school diploma or to work | ||||||
22 | toward passing the
high school level Test of General | ||||||
23 | Educational Development (GED) or to work
toward completing a | ||||||
24 | vocational training program approved by the court. The
| ||||||
25 | defendant placed on supervision must attend a public | ||||||
26 | institution of education
to obtain the educational or |
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1 | vocational training required by this subsection
(k). The | ||||||
2 | defendant placed on supervision shall be required to pay for | ||||||
3 | the cost
of the educational courses or GED test, if a fee is | ||||||
4 | charged for those courses
or test. The court shall revoke the | ||||||
5 | supervision of a person who wilfully fails
to comply with this | ||||||
6 | subsection (k). The court shall resentence the defendant
upon | ||||||
7 | revocation of supervision as provided in Section 5-6-4. This | ||||||
8 | subsection
(k) does not apply to a defendant who has a high | ||||||
9 | school diploma or has
successfully passed the GED test. This | ||||||
10 | subsection (k) does not apply to a
defendant who is determined | ||||||
11 | by the court to be developmentally disabled or
otherwise | ||||||
12 | mentally incapable of completing the
educational or vocational | ||||||
13 | program.
| ||||||
14 | (l) The court shall require a defendant placed on | ||||||
15 | supervision for
possession of a substance
prohibited by the | ||||||
16 | Cannabis Control Act, the Illinois Controlled Substances Act, | ||||||
17 | or the Methamphetamine Control and Community Protection Act
| ||||||
18 | after a previous conviction or disposition of supervision for | ||||||
19 | possession of a
substance prohibited by the Cannabis Control | ||||||
20 | Act, the Illinois Controlled
Substances Act, or the | ||||||
21 | Methamphetamine Control and Community Protection Act or a | ||||||
22 | sentence of probation under Section 10 of the Cannabis
Control | ||||||
23 | Act or Section 410 of the Illinois Controlled Substances Act
| ||||||
24 | and after a finding by the court that the person is addicted, | ||||||
25 | to undergo
treatment at a substance abuse program approved by | ||||||
26 | the court.
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1 | (m) The Secretary of State shall require anyone placed on | ||||||
2 | court supervision
for a
violation of Section 3-707 of the | ||||||
3 | Illinois Vehicle Code or a similar provision
of a local | ||||||
4 | ordinance
to give proof of his or her financial
responsibility | ||||||
5 | as
defined in Section 7-315 of the Illinois Vehicle Code. The | ||||||
6 | proof shall be
maintained by the individual in a manner | ||||||
7 | satisfactory to the Secretary of State
for
a
minimum period of | ||||||
8 | 3 years
one year after the date the proof is first filed.
The | ||||||
9 | proof shall be limited to a single action per arrest and may | ||||||
10 | not be
affected by any post-sentence disposition. The Secretary | ||||||
11 | of State shall
suspend the driver's license of any person
| ||||||
12 | determined by the Secretary to be in violation of this | ||||||
13 | subsection. | ||||||
14 | (n) Any offender placed on supervision for any offense that | ||||||
15 | the court or probation department has determined to be sexually | ||||||
16 | motivated as defined in the Sex Offender Management Board Act | ||||||
17 | shall be required to refrain from any contact, directly or | ||||||
18 | indirectly, with any persons specified by the court and shall | ||||||
19 | be available for all evaluations and treatment programs | ||||||
20 | required by the court or the probation department.
| ||||||
21 | (o) An offender placed on supervision for a sex offense as | ||||||
22 | defined in the Sex Offender
Management Board Act shall refrain | ||||||
23 | from residing at the same address or in the same condominium | ||||||
24 | unit or apartment unit or in the same condominium complex or | ||||||
25 | apartment complex with another person he or she knows or | ||||||
26 | reasonably should know is a convicted sex offender or has been |
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| |||||||
1 | placed on supervision for a sex offense. The provisions of this | ||||||
2 | subsection (o) do not apply to a person convicted of a sex | ||||||
3 | offense who is placed in a Department of Corrections licensed | ||||||
4 | transitional housing facility for sex offenders. | ||||||
5 | (Source: P.A. 93-475, eff. 8-8-03; 93-970, eff. 8-20-04; | ||||||
6 | 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; 94-556, eff. | ||||||
7 | 9-11-05; revised 8-19-05.)
|