Judiciary I - Civil Law Committee
Adopted in House Comm. on May 07, 2008
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 5845
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 5845 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Fire Investigation Act is amended by | ||||||
5 | changing Section 13.1 as follows:
| ||||||
6 | (425 ILCS 25/13.1) (from Ch. 127 1/2, par. 17.1)
| ||||||
7 | Sec. 13.1. (a) There shall be a special fund in the State | ||||||
8 | Treasury
known as the Fire Prevention Fund.
| ||||||
9 | (b) The following moneys shall be deposited into the Fund:
| ||||||
10 | (1) Moneys received by the Department of Insurance | ||||||
11 | under Section 12 of this Act.
| ||||||
12 | (2) All fees and reimbursements received by the Office | ||||||
13 | of the State Fire Marshal.
| ||||||
14 | (3) All receipts from boiler and pressure vessel | ||||||
15 | certification, as
provided in Section 13 of the Boiler and | ||||||
16 | Pressure Vessel Safety Act.
|
| |||||||
| |||||||
1 | (4) Such other moneys as may be provided by law.
| ||||||
2 | (c) The moneys in the Fire Prevention Fund shall be used, | ||||||
3 | subject to
appropriation, for the following purposes:
| ||||||
4 | (1) Of the moneys deposited into the fund under Section | ||||||
5 | 12 of this Act,
12.5% shall be available for the | ||||||
6 | maintenance of the Illinois Fire Service
Institute and the | ||||||
7 | expenses, facilities, and structures incident thereto,
and | ||||||
8 | for making transfers into the General Obligation Bond | ||||||
9 | Retirement and
Interest Fund for debt service requirements | ||||||
10 | on bonds issued by the State of
Illinois after January 1, | ||||||
11 | 1986 for the purpose of constructing a training
facility | ||||||
12 | for use by the Institute.
| ||||||
13 | (2) Of the moneys deposited into the Fund under Section | ||||||
14 | 12 of this Act,
10% shall be available for the maintenance | ||||||
15 | of the Chicago Fire Department
Training Program and the | ||||||
16 | expenses, facilities and structures incident
thereto, in | ||||||
17 | addition to any moneys payable from the Fund to the City of
| ||||||
18 | Chicago pursuant to the Illinois Fire Protection Training | ||||||
19 | Act.
| ||||||
20 | (3) For making payments to local governmental agencies | ||||||
21 | and individuals
pursuant to Section 10 of the Illinois Fire | ||||||
22 | Protection Training Act.
| ||||||
23 | (4) For the maintenance and operation of the Office of | ||||||
24 | the State Fire
Marshal, and the expenses incident thereto.
| ||||||
25 | (5) For any other purpose authorized by law.
| ||||||
26 | (c-5) As soon as possible after the effective date of this |
| |||||||
| |||||||
1 | amendatory Act of the 95th General Assembly, the Comptroller | ||||||
2 | shall order the transfer and the Treasurer shall transfer | ||||||
3 | $2,000,000 from the Fire Prevention Fund to the Fire Service | ||||||
4 | and Small Equipment Fund, $9,000,000 from the Fire Prevention | ||||||
5 | Fund to the Fire Truck Revolving Loan Fund, and $4,000,000 from | ||||||
6 | the Fire Prevention Fund to the Ambulance Revolving Loan Fund. | ||||||
7 | Beginning on July 1, 2008, each month, or as soon as practical | ||||||
8 | thereafter, an amount equal to $2 from each fine received shall | ||||||
9 | be transferred from the Fire Prevention Fund to the Fire | ||||||
10 | Service and Small Equipment Fund, an amount equal to $1.50 from | ||||||
11 | each fine received shall be transferred from the Fire | ||||||
12 | Prevention Fund to the Fire Truck Revolving Loan Fund, and an | ||||||
13 | amount equal to $4 from each fine received shall be transferred | ||||||
14 | from the Fire Prevention Fund to the Ambulance Revolving Loan | ||||||
15 | Fund. These moneys shall be transferred from the moneys | ||||||
16 | deposited into the Fire Prevention Fund pursuant to Public Act | ||||||
17 | 95-154, together with not
more than 25% of any unspent | ||||||
18 | appropriations from the prior fiscal year. These moneys may be | ||||||
19 | allocated to the Fire Truck Revolving Loan Fund,
Ambulance | ||||||
20 | Revolving Loan Fund, and Small Equipment Fund at the
discretion | ||||||
21 | of the Office of the State Fire Marshal for the purposes of | ||||||
22 | implementation of this Act any other moneys as may be necessary | ||||||
23 | to carry out this mandate .
| ||||||
24 | (d) Any portion of the Fire Prevention Fund remaining | ||||||
25 | unexpended at the
end of any fiscal year which is not needed | ||||||
26 | for the maintenance and expenses of the
Office of the State |
| |||||||
| |||||||
1 | Fire Marshal or the maintenance and expenses of the
Illinois | ||||||
2 | Fire Service Institute, shall remain in the Fire Prevention | ||||||
3 | Fund for the exclusive and restricted uses provided in | ||||||
4 | subsections
(c) and (c-5) of this Section.
| ||||||
5 | (e) The Office of the State Fire Marshal shall keep on file | ||||||
6 | an itemized
statement of all expenses incurred which are | ||||||
7 | payable from the Fund, other
than expenses incurred by the | ||||||
8 | Illinois Fire Service Institute, and shall
approve all vouchers | ||||||
9 | issued therefor before they are submitted to the State
| ||||||
10 | Comptroller for payment. Such vouchers shall be allowed and | ||||||
11 | paid in the
same manner as other claims against the State.
| ||||||
12 | (Source: P.A. 95-717, eff. 4-8-08.)
| ||||||
13 | Section 10. The Illinois Vehicle Code is amended by | ||||||
14 | changing Section 16-104d as follows: | ||||||
15 | (625 ILCS 5/16-104d) | ||||||
16 | Sec. 16-104d. Additional fee; serious traffic violation. | ||||||
17 | Any person who is convicted of , or pleads guilty to , or is | ||||||
18 | placed on supervision for a serious traffic violation, as | ||||||
19 | defined in Section 1-187.001 of this Code, a violation of | ||||||
20 | Section 11-501 of this Code, or a violation of a similar | ||||||
21 | provision of a local ordinance shall pay an additional fee of | ||||||
22 | $20. Of that fee, $7.50 shall be deposited into the Fire | ||||||
23 | Prevention Fund in the State treasury, $7.50 shall be deposited | ||||||
24 | into the Fire Truck Revolving Loan Fund in the State treasury, |
| |||||||
| |||||||
1 | and $5 shall be deposited into the Circuit Court Clerk | ||||||
2 | Operation and Administrative Fund created by the Clerk of the | ||||||
3 | Circuit Court. | ||||||
4 | This Section becomes inoperative 7 years after the | ||||||
5 | effective date of this amendatory Act of the 95th General | ||||||
6 | Assembly.
| ||||||
7 | (Source: P.A. 95-154, eff. 10-13-07.)
| ||||||
8 | Section 15. The Clerks of Courts Act is amended by changing | ||||||
9 | Sections 27.5 and 27.6 as follows:
| ||||||
10 | (705 ILCS 105/27.5) (from Ch. 25, par. 27.5) | ||||||
11 | Sec. 27.5. (a) All fees, fines, costs, additional | ||||||
12 | penalties, bail balances
assessed or forfeited, and any other | ||||||
13 | amount paid by a person to the circuit
clerk that equals an | ||||||
14 | amount less than $55, except restitution under Section
5-5-6 of | ||||||
15 | the Unified Code of Corrections, reimbursement for the costs of | ||||||
16 | an
emergency response as provided under Section 11-501 of the | ||||||
17 | Illinois Vehicle
Code, any fees collected for attending a | ||||||
18 | traffic safety program under
paragraph (c) of Supreme Court | ||||||
19 | Rule 529, any fee collected on behalf of a
State's Attorney | ||||||
20 | under Section 4-2002 of the Counties Code or a sheriff under
| ||||||
21 | Section 4-5001 of the Counties Code, or any cost imposed under | ||||||
22 | Section 124A-5
of the Code of Criminal Procedure of 1963, for | ||||||
23 | convictions, orders of
supervision, or any other disposition | ||||||
24 | for a violation of Chapters 3, 4, 6,
11, and 12 of the Illinois |
| |||||||
| |||||||
1 | Vehicle Code, or a similar provision of a local
ordinance, and | ||||||
2 | any violation of the Child Passenger Protection Act, or a
| ||||||
3 | similar provision of a local ordinance, and except as provided | ||||||
4 | in subsection
(b) shall be disbursed within 60 days after | ||||||
5 | receipt by the circuit
clerk as follows: 47% shall be disbursed | ||||||
6 | to the entity authorized by law to
receive the fine imposed in | ||||||
7 | the case; 12% shall be disbursed to the State
Treasurer; and | ||||||
8 | 41% shall be disbursed to the county's general corporate fund.
| ||||||
9 | Of the 12% disbursed to the State Treasurer, 1/6 shall be | ||||||
10 | deposited by the
State Treasurer into the Violent Crime Victims | ||||||
11 | Assistance Fund, 1/2 shall be
deposited into the Traffic and | ||||||
12 | Criminal Conviction Surcharge Fund, and 1/3
shall be deposited | ||||||
13 | into the Drivers Education Fund. For fiscal years 1992 and
| ||||||
14 | 1993, amounts deposited into the Violent Crime Victims | ||||||
15 | Assistance Fund, the
Traffic and Criminal Conviction Surcharge | ||||||
16 | Fund, or the Drivers Education Fund
shall not exceed 110% of | ||||||
17 | the amounts deposited into those funds in fiscal year
1991. Any | ||||||
18 | amount that exceeds the 110% limit shall be distributed as | ||||||
19 | follows:
50% shall be disbursed to the county's general | ||||||
20 | corporate fund and 50% shall be
disbursed to the entity | ||||||
21 | authorized by law to receive the fine imposed in the
case. Not | ||||||
22 | later than March 1 of each year the circuit clerk
shall submit | ||||||
23 | a report of the amount of funds remitted to the State
Treasurer | ||||||
24 | under this Section during the preceding year based upon
| ||||||
25 | independent verification of fines and fees. All counties shall | ||||||
26 | be subject
to this Section, except that counties with a |
| |||||||
| |||||||
1 | population under 2,000,000
may, by ordinance, elect not to be | ||||||
2 | subject to this Section. For offenses
subject to this Section, | ||||||
3 | judges shall impose one total sum of money payable
for | ||||||
4 | violations. The circuit clerk may add on no additional amounts | ||||||
5 | except
for amounts that are required by Sections 27.3a and | ||||||
6 | 27.3c of
this Act, unless those amounts are specifically waived | ||||||
7 | by the judge. With
respect to money collected by the circuit | ||||||
8 | clerk as a result of
forfeiture of bail, ex parte judgment or | ||||||
9 | guilty plea pursuant to Supreme
Court Rule 529, the circuit | ||||||
10 | clerk shall first deduct and pay amounts
required by Sections | ||||||
11 | 27.3a and 27.3c of this Act. This Section is a denial
and | ||||||
12 | limitation of home rule powers and functions under subsection | ||||||
13 | (h) of
Section 6 of Article VII of the Illinois Constitution.
| ||||||
14 | (b) The following amounts must be remitted to the State | ||||||
15 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| ||||||
16 | (1) 50% of the amounts collected for felony offenses | ||||||
17 | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||||||
18 | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||||||
19 | Animals Act and Section 26-5 of the Criminal Code of
1961;
| ||||||
20 | (2) 20% of the amounts collected for Class A and Class | ||||||
21 | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||||||
22 | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||||||
23 | for Animals Act and Section 26-5 of the Criminal
Code of | ||||||
24 | 1961; and
| ||||||
25 | (3) 50% of the amounts collected for Class C | ||||||
26 | misdemeanors under
Sections 4.01 and 7.1 of the Humane Care |
| |||||||
| |||||||
1 | for Animals Act and Section 26-5
of the Criminal Code of | ||||||
2 | 1961.
| ||||||
3 | (c) Any person who receives a disposition of court | ||||||
4 | supervision for a violation of the Illinois Vehicle Code or a | ||||||
5 | similar provision of a local ordinance shall, in addition to | ||||||
6 | any other fines, fees, and court costs, pay an additional fee | ||||||
7 | of $20, to be disbursed as provided in Section 16-104c of the | ||||||
8 | Illinois Vehicle Code. In addition to the fee of $20, the | ||||||
9 | person shall also pay a fee of $5, if not waived by the court. | ||||||
10 | If this $5 fee is collected, $4.50 of the fee shall be | ||||||
11 | deposited into the Circuit Court Clerk Operation and | ||||||
12 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
13 | and 50 cents of the fee shall be deposited into the Prisoner | ||||||
14 | Review Board Vehicle and Equipment Fund in the State treasury. | ||||||
15 | (d) Any person convicted of , or pleading guilty to , or | ||||||
16 | placed on supervision for a serious traffic violation, as | ||||||
17 | defined in Section 1-187.001 of the Illinois Vehicle Code, a | ||||||
18 | violation of Section 11-501 of the Illinois Vehicle Code, or a | ||||||
19 | violation of a similar provision of a local ordinance shall pay | ||||||
20 | an additional fee of $20, to be disbursed as provided in | ||||||
21 | Section 16-104d of that Code. | ||||||
22 | This subsection (d) becomes inoperative 7 years after the | ||||||
23 | effective date of Public Act 95-154
this amendatory Act of the | ||||||
24 | 95th General Assembly .
| ||||||
25 | (Source: P.A. 94-1009, eff. 1-1-07; 95-154, eff. 10-13-07; | ||||||
26 | 95-428, eff. 8-24-07; revised 11-19-07.)
|
| |||||||
| |||||||
1 | (705 ILCS 105/27.6)
| ||||||
2 | (Text of Section after amendment by P.A. 95-600 ) | ||||||
3 | Sec. 27.6. (a) All fees, fines, costs, additional | ||||||
4 | penalties, bail balances
assessed or forfeited, and any other | ||||||
5 | amount paid by a person to the circuit
clerk equalling an | ||||||
6 | amount of $55 or more, except the fine imposed by Section | ||||||
7 | 5-9-1.15
5-9-1.14 of the Unified Code of Corrections, the | ||||||
8 | additional fee required
by subsections (b) and (c), restitution | ||||||
9 | under Section 5-5-6 of the
Unified Code of Corrections, | ||||||
10 | reimbursement for the costs of an emergency
response as | ||||||
11 | provided under Section 11-501 of the Illinois Vehicle Code,
any | ||||||
12 | fees collected for attending a traffic safety program under | ||||||
13 | paragraph (c)
of Supreme Court Rule 529, any fee collected on | ||||||
14 | behalf of a State's Attorney
under Section 4-2002 of the | ||||||
15 | Counties Code or a sheriff under Section 4-5001
of the Counties | ||||||
16 | Code, or any cost imposed under Section 124A-5 of the Code of
| ||||||
17 | Criminal Procedure of 1963, for convictions, orders of | ||||||
18 | supervision, or any
other disposition for a violation of | ||||||
19 | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | ||||||
20 | similar provision of a local ordinance, and any
violation of | ||||||
21 | the Child Passenger Protection Act, or a similar provision of a
| ||||||
22 | local ordinance, and except as provided in subsections (d) and | ||||||
23 | (g)
(f) shall be disbursed
within 60 days after receipt by the | ||||||
24 | circuit
clerk as follows: 44.5% shall be disbursed to the | ||||||
25 | entity authorized by law to
receive the fine imposed in the |
| |||||||
| |||||||
1 | case; 16.825% shall be disbursed to the State
Treasurer; and | ||||||
2 | 38.675% shall be disbursed to the county's general corporate
| ||||||
3 | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | ||||||
4 | shall be deposited
by the State Treasurer into the Violent | ||||||
5 | Crime Victims Assistance Fund, 5.052/17
shall be deposited into | ||||||
6 | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall | ||||||
7 | be deposited into the Drivers Education Fund, and 6.948/17 | ||||||
8 | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 | ||||||
9 | deposited into the
Trauma Center Fund from the 16.825% | ||||||
10 | disbursed to the State Treasurer, 50% shall
be disbursed to the | ||||||
11 | Department of Public Health and 50% shall be disbursed to
the | ||||||
12 | Department of Healthcare and Family Services. For fiscal year | ||||||
13 | 1993, amounts deposited into
the Violent Crime Victims | ||||||
14 | Assistance Fund, the Traffic and Criminal
Conviction Surcharge | ||||||
15 | Fund, or the Drivers Education Fund shall not exceed 110%
of | ||||||
16 | the amounts deposited into those funds in fiscal year 1991. Any
| ||||||
17 | amount that exceeds the 110% limit shall be distributed as | ||||||
18 | follows: 50%
shall be disbursed to the county's general | ||||||
19 | corporate fund and 50% shall be
disbursed to the entity | ||||||
20 | authorized by law to receive the fine imposed in
the case. Not | ||||||
21 | later than March 1 of each year the circuit clerk
shall submit | ||||||
22 | a report of the amount of funds remitted to the State
Treasurer | ||||||
23 | under this Section during the preceding year based upon
| ||||||
24 | independent verification of fines and fees. All counties shall | ||||||
25 | be subject
to this Section, except that counties with a | ||||||
26 | population under 2,000,000
may, by ordinance, elect not to be |
| |||||||
| |||||||
1 | subject to this Section. For offenses
subject to this Section, | ||||||
2 | judges shall impose one total sum of money payable
for | ||||||
3 | violations. The circuit clerk may add on no additional amounts | ||||||
4 | except
for amounts that are required by Sections 27.3a and | ||||||
5 | 27.3c of
this Act, unless those amounts are specifically waived | ||||||
6 | by the judge. With
respect to money collected by the circuit | ||||||
7 | clerk as a result of
forfeiture of bail, ex parte judgment or | ||||||
8 | guilty plea pursuant to Supreme
Court Rule 529, the circuit | ||||||
9 | clerk shall first deduct and pay amounts
required by Sections | ||||||
10 | 27.3a and 27.3c of this Act. This Section is a denial
and | ||||||
11 | limitation of home rule powers and functions under subsection | ||||||
12 | (h) of
Section 6 of Article VII of the Illinois Constitution.
| ||||||
13 | (b) In addition to any other fines and court costs assessed | ||||||
14 | by the courts,
any person convicted or receiving an order of | ||||||
15 | supervision for driving under
the influence of alcohol or drugs | ||||||
16 | shall pay an additional fee of $100 to the
clerk of the circuit | ||||||
17 | court. This amount, less 2 1/2% that shall be used to
defray | ||||||
18 | administrative costs incurred by the clerk, shall be remitted | ||||||
19 | by the
clerk to the Treasurer within 60 days after receipt for | ||||||
20 | deposit into the Trauma
Center Fund. This additional fee of | ||||||
21 | $100 shall not be considered a part of the
fine for purposes of | ||||||
22 | any reduction in the fine for time served either before or
| ||||||
23 | after sentencing. Not later than March 1 of each year the | ||||||
24 | Circuit Clerk shall
submit a report of the amount of funds | ||||||
25 | remitted to the State Treasurer under
this subsection during | ||||||
26 | the preceding calendar year.
|
| |||||||
| |||||||
1 | (b-1) In addition to any other fines and court costs | ||||||
2 | assessed by the courts,
any person convicted or receiving an | ||||||
3 | order of supervision for driving under the
influence of alcohol | ||||||
4 | or drugs shall pay an additional fee of $5 to the clerk
of the | ||||||
5 | circuit court. This amount, less
2 1/2% that shall be used to | ||||||
6 | defray administrative costs incurred by the clerk,
shall be | ||||||
7 | remitted by the clerk to the Treasurer within 60 days after | ||||||
8 | receipt
for deposit into the Spinal Cord Injury Paralysis Cure | ||||||
9 | Research Trust Fund.
This additional fee of $5 shall not
be | ||||||
10 | considered a part of the fine for purposes of any reduction in | ||||||
11 | the fine for
time served either before or after sentencing. Not | ||||||
12 | later than March 1 of each
year the Circuit Clerk shall submit | ||||||
13 | a report of the amount of funds remitted to
the State Treasurer | ||||||
14 | under this subsection during the preceding calendar
year.
| ||||||
15 | (c) In addition to any other fines and court costs assessed | ||||||
16 | by the courts,
any person convicted for a violation of Sections | ||||||
17 | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or a | ||||||
18 | person sentenced for a violation of the Cannabis
Control Act, | ||||||
19 | the Illinois Controlled Substances Act, or the Methamphetamine | ||||||
20 | Control and Community Protection Act
shall pay an additional | ||||||
21 | fee of $100 to the clerk
of the circuit court. This amount, | ||||||
22 | less
2 1/2% that shall be used to defray administrative costs | ||||||
23 | incurred by the clerk,
shall be remitted by the clerk to the | ||||||
24 | Treasurer within 60 days after receipt
for deposit into the | ||||||
25 | Trauma Center Fund. This additional fee of $100 shall not
be | ||||||
26 | considered a part of the fine for purposes of any reduction in |
| |||||||
| |||||||
1 | the fine for
time served either before or after sentencing. Not | ||||||
2 | later than March 1 of each
year the Circuit Clerk shall submit | ||||||
3 | a report of the amount of funds remitted to
the State Treasurer | ||||||
4 | under this subsection during the preceding calendar year.
| ||||||
5 | (c-1) In addition to any other fines and court costs | ||||||
6 | assessed by the
courts, any person sentenced for a violation of | ||||||
7 | the Cannabis Control Act,
the Illinois Controlled Substances | ||||||
8 | Act, or the Methamphetamine Control and Community Protection | ||||||
9 | Act shall pay an additional fee of $5 to the
clerk of the | ||||||
10 | circuit court. This amount, less 2 1/2% that shall be used to
| ||||||
11 | defray administrative costs incurred by the clerk, shall be | ||||||
12 | remitted by the
clerk to the Treasurer within 60 days after | ||||||
13 | receipt for deposit into the Spinal
Cord Injury Paralysis Cure | ||||||
14 | Research Trust Fund. This additional fee of $5
shall not be | ||||||
15 | considered a part of the fine for purposes of any reduction in | ||||||
16 | the
fine for time served either before or after sentencing. Not | ||||||
17 | later than March 1
of each year the Circuit Clerk shall submit | ||||||
18 | a report of the amount of funds
remitted to the State Treasurer | ||||||
19 | under this subsection during the preceding
calendar year.
| ||||||
20 | (d) The following amounts must be remitted to the State | ||||||
21 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| ||||||
22 | (1) 50% of the amounts collected for felony offenses | ||||||
23 | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||||||
24 | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||||||
25 | Animals Act and Section 26-5 of the Criminal Code of
1961;
| ||||||
26 | (2) 20% of the amounts collected for Class A and Class |
| |||||||
| |||||||
1 | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||||||
2 | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||||||
3 | for Animals Act and Section 26-5 of the Criminal
Code of | ||||||
4 | 1961; and
| ||||||
5 | (3) 50% of the amounts collected for Class C | ||||||
6 | misdemeanors under Sections
4.01 and 7.1 of the Humane Care | ||||||
7 | for Animals Act and Section 26-5 of the
Criminal Code of | ||||||
8 | 1961.
| ||||||
9 | (e) Any person who receives a disposition of court | ||||||
10 | supervision for a violation of the Illinois Vehicle Code or a | ||||||
11 | similar provision of a local ordinance shall, in addition to | ||||||
12 | any other fines, fees, and court costs, pay an additional fee | ||||||
13 | of $20, to be disbursed as provided in Section 16-104c of the | ||||||
14 | Illinois Vehicle Code. In addition to the fee of $20, the | ||||||
15 | person shall also pay a fee of $5, if not waived by the court. | ||||||
16 | If this $5 fee is collected, $4.50 of the fee shall be | ||||||
17 | deposited into the Circuit Court Clerk Operation and | ||||||
18 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
19 | and 50 cents of the fee shall be deposited into the Prisoner | ||||||
20 | Review Board Vehicle and Equipment Fund in the State treasury.
| ||||||
21 | (f) This Section does not apply to the additional child | ||||||
22 | pornography fines assessed and collected under Section | ||||||
23 | 5-9-1.14 of the Unified Code of Corrections.
| ||||||
24 | (g)
(f) Of the amounts collected as fines under subsection | ||||||
25 | (b) of Section 3-712 of the Illinois Vehicle Code, 99% shall be | ||||||
26 | deposited into the Illinois Military Family Relief Fund and 1% |
| |||||||
| |||||||
1 | shall be deposited into the Circuit Court Clerk Operation and | ||||||
2 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
3 | to be used to offset the costs incurred by the Circuit Court | ||||||
4 | Clerk in performing the additional duties required to collect | ||||||
5 | and disburse funds to entities of State and local government as | ||||||
6 | provided by law.
| ||||||
7 | (h) Any person convicted of, pleading guilty to, or placed | ||||||
8 | on supervision for a serious traffic violation, as defined in | ||||||
9 | Section 1-187.001 of the Illinois Vehicle Code, a violation of | ||||||
10 | Section 11-501 of the Illinois Vehicle Code, or a violation of | ||||||
11 | a similar provision of a local ordinance shall pay an | ||||||
12 | additional fee of $20, to be disbursed as provided in Section | ||||||
13 | 16-104d of that Code. | ||||||
14 | This subsection (h) becomes inoperative 7 years after the | ||||||
15 | effective date of Public Act 95-154. | ||||||
16 | (Source: P.A. 94-556, eff. 9-11-05; 94-1009, eff. 1-1-07; | ||||||
17 | 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428, eff. 8-24-07; | ||||||
18 | 95-600, eff. 6-1-08; revised 11-19-07.)
| ||||||
19 | Section 20. The Unified Code of Corrections is amended by | ||||||
20 | changing Section 5-6-1 as follows:
| ||||||
21 | (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
| ||||||
22 | (Text of Section before amendment by P.A. 95-400 ) | ||||||
23 | Sec. 5-6-1. Sentences of Probation and of Conditional
| ||||||
24 | Discharge and Disposition of Supervision.
The General Assembly |
| |||||||
| |||||||
1 | finds that in order to protect the public, the
criminal justice | ||||||
2 | system must compel compliance with the conditions of probation
| ||||||
3 | by responding to violations with swift, certain and fair | ||||||
4 | punishments and
intermediate sanctions. The Chief Judge of each | ||||||
5 | circuit shall adopt a system of
structured, intermediate | ||||||
6 | sanctions for violations of the terms and conditions
of a | ||||||
7 | sentence of probation, conditional discharge or disposition of
| ||||||
8 | supervision.
| ||||||
9 | (a) Except where specifically prohibited by other
| ||||||
10 | provisions of this Code, the court shall impose a sentence
of | ||||||
11 | probation or conditional discharge upon an offender
unless, | ||||||
12 | having regard to the nature and circumstance of
the offense, | ||||||
13 | and to the history, character and condition
of the offender, | ||||||
14 | the court is of the opinion that:
| ||||||
15 | (1) his imprisonment or periodic imprisonment is | ||||||
16 | necessary
for the protection of the public; or
| ||||||
17 | (2) probation or conditional discharge would deprecate
| ||||||
18 | the seriousness of the offender's conduct and would be
| ||||||
19 | inconsistent with the ends of justice; or
| ||||||
20 | (3) a combination of imprisonment with concurrent or | ||||||
21 | consecutive probation when an offender has been admitted | ||||||
22 | into a drug court program under Section 20 of the Drug | ||||||
23 | Court Treatment Act is necessary for the protection of the | ||||||
24 | public and for the rehabilitation of the offender.
| ||||||
25 | The court shall impose as a condition of a sentence of | ||||||
26 | probation,
conditional discharge, or supervision, that the |
| |||||||
| |||||||
1 | probation agency may invoke any
sanction from the list of | ||||||
2 | intermediate sanctions adopted by the chief judge of
the | ||||||
3 | circuit court for violations of the terms and conditions of the | ||||||
4 | sentence of
probation, conditional discharge, or supervision, | ||||||
5 | subject to the provisions of
Section 5-6-4 of this Act.
| ||||||
6 | (b) The court may impose a sentence of conditional
| ||||||
7 | discharge for an offense if the court is of the opinion
that | ||||||
8 | neither a sentence of imprisonment nor of periodic
imprisonment | ||||||
9 | nor of probation supervision is appropriate.
| ||||||
10 | (b-1) Subsections (a) and (b) of this Section do not apply | ||||||
11 | to a defendant charged with a misdemeanor or felony under the | ||||||
12 | Illinois Vehicle Code or reckless homicide under Section 9-3 of | ||||||
13 | the Criminal Code of 1961 if the defendant within the past 12 | ||||||
14 | months has been convicted of or pleaded guilty to a misdemeanor | ||||||
15 | or felony under the Illinois Vehicle Code or reckless homicide | ||||||
16 | under Section 9-3 of the Criminal Code of 1961. | ||||||
17 | (c) The court may, upon a plea of guilty or a stipulation
| ||||||
18 | by the defendant of the facts supporting the charge or a
| ||||||
19 | finding of guilt, defer further proceedings and the
imposition | ||||||
20 | of a sentence, and enter an order for supervision of the | ||||||
21 | defendant,
if the defendant is not charged with: (i) a Class A | ||||||
22 | misdemeanor, as
defined by the following provisions of the | ||||||
23 | Criminal Code of 1961: Sections
11-9.1; 12-3.2; 12-15; 26-5; | ||||||
24 | 31-1; 31-6; 31-7; subsections (b) and (c) of Section
21-1;
| ||||||
25 | paragraph (1) through (5), (8), (10), and (11) of subsection | ||||||
26 | (a) of Section
24-1; (ii) a Class A misdemeanor violation of |
| |||||||
| |||||||
1 | Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals | ||||||
2 | Act; or (iii)
felony.
If the defendant
is not barred from | ||||||
3 | receiving an order for supervision as provided in this
| ||||||
4 | subsection, the court may enter an order for supervision after | ||||||
5 | considering the
circumstances of the offense, and the history,
| ||||||
6 | character and condition of the offender, if the court is of the | ||||||
7 | opinion
that:
| ||||||
8 | (1) the offender is not likely to commit further | ||||||
9 | crimes;
| ||||||
10 | (2) the defendant and the public would be best served | ||||||
11 | if the
defendant were not to receive a criminal record; and
| ||||||
12 | (3) in the best interests of justice an order of | ||||||
13 | supervision
is more appropriate than a sentence otherwise | ||||||
14 | permitted under this Code.
| ||||||
15 | (c-5) Subsections (a), (b), and (c) of this Section do not | ||||||
16 | apply to a defendant charged with a second or subsequent | ||||||
17 | violation of Section 6-303 of the Illinois Vehicle Code | ||||||
18 | committed while his or her driver's license, permit or | ||||||
19 | privileges were revoked because of a violation of Section 9-3 | ||||||
20 | of the Criminal Code of 1961, relating to the offense of | ||||||
21 | reckless homicide, or a similar provision of a law of another | ||||||
22 | state.
| ||||||
23 | (d) The provisions of paragraph (c) shall not apply to a | ||||||
24 | defendant charged
with violating Section 11-501 of the Illinois | ||||||
25 | Vehicle Code or a similar
provision of a local
ordinance when | ||||||
26 | the defendant has previously been:
|
| |||||||
| |||||||
1 | (1) convicted for a violation of Section 11-501 of
the | ||||||
2 | Illinois Vehicle
Code or a similar provision of a
local | ||||||
3 | ordinance or any similar law or ordinance of another state; | ||||||
4 | or
| ||||||
5 | (2) assigned supervision for a violation of Section | ||||||
6 | 11-501 of the Illinois
Vehicle Code or a similar provision | ||||||
7 | of a local ordinance or any similar law
or ordinance of | ||||||
8 | another state; or
| ||||||
9 | (3) pleaded guilty to or stipulated to the facts | ||||||
10 | supporting
a charge or a finding of guilty to a violation | ||||||
11 | of Section 11-503 of the
Illinois Vehicle Code or a similar | ||||||
12 | provision of a local ordinance or any
similar law or | ||||||
13 | ordinance of another state, and the
plea or stipulation was | ||||||
14 | the result of a plea agreement.
| ||||||
15 | The court shall consider the statement of the prosecuting
| ||||||
16 | authority with regard to the standards set forth in this | ||||||
17 | Section.
| ||||||
18 | (e) The provisions of paragraph (c) shall not apply to a | ||||||
19 | defendant
charged with violating Section 16A-3 of the Criminal | ||||||
20 | Code of 1961 if said
defendant has within the last 5 years | ||||||
21 | been:
| ||||||
22 | (1) convicted for a violation of Section 16A-3 of the | ||||||
23 | Criminal Code of
1961; or
| ||||||
24 | (2) assigned supervision for a violation of Section | ||||||
25 | 16A-3 of the Criminal
Code of 1961.
| ||||||
26 | The court shall consider the statement of the prosecuting |
| |||||||
| |||||||
1 | authority with
regard to the standards set forth in this | ||||||
2 | Section.
| ||||||
3 | (f) The provisions of paragraph (c) shall not apply to a | ||||||
4 | defendant
charged with violating Sections 15-111, 15-112, | ||||||
5 | 15-301, paragraph (b)
of Section 6-104, Section 11-605, Section | ||||||
6 | 11-1002.5, or Section 11-1414
of the Illinois Vehicle Code or a | ||||||
7 | similar provision of a local ordinance.
| ||||||
8 | (g) Except as otherwise provided in paragraph (i) of this | ||||||
9 | Section, the
provisions of paragraph (c) shall not apply to a
| ||||||
10 | defendant charged with violating Section
3-707, 3-708, 3-710, | ||||||
11 | or 5-401.3
of the Illinois Vehicle Code or a similar provision | ||||||
12 | of a local ordinance if the
defendant has within the last 5 | ||||||
13 | years been:
| ||||||
14 | (1) convicted for a violation of Section 3-707, 3-708, | ||||||
15 | 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | ||||||
16 | provision of a local
ordinance; or
| ||||||
17 | (2) assigned supervision for a violation of Section | ||||||
18 | 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle | ||||||
19 | Code or a similar provision of a local
ordinance.
| ||||||
20 | The court shall consider the statement of the prosecuting | ||||||
21 | authority with
regard to the standards set forth in this | ||||||
22 | Section.
| ||||||
23 | (h) The provisions of paragraph (c) shall not apply to a | ||||||
24 | defendant under
the age of 21 years charged with violating a | ||||||
25 | serious traffic offense as defined
in Section 1-187.001 of the | ||||||
26 | Illinois Vehicle Code:
|
| |||||||
| |||||||
1 | (1) unless the defendant, upon payment of the fines, | ||||||
2 | penalties, and costs
provided by law, agrees to attend and | ||||||
3 | successfully complete a traffic safety
program approved by | ||||||
4 | the court under standards set by the Conference of Chief
| ||||||
5 | Circuit Judges. The accused shall be responsible for | ||||||
6 | payment of any traffic
safety program fees. If the accused | ||||||
7 | fails to file a certificate of
successful completion on or | ||||||
8 | before the termination date of the supervision
order, the | ||||||
9 | supervision shall be summarily revoked and conviction | ||||||
10 | entered. The
provisions of Supreme Court Rule 402 relating | ||||||
11 | to pleas of guilty do not apply
in cases when a defendant | ||||||
12 | enters a guilty plea under this provision; or
| ||||||
13 | (2) if the defendant has previously been sentenced | ||||||
14 | under the provisions of
paragraph (c) on or after January | ||||||
15 | 1, 1998 for any serious traffic offense as
defined in | ||||||
16 | Section 1-187.001 of the Illinois Vehicle Code.
| ||||||
17 | (h-1) The provisions of paragraph (c) shall not apply to a | ||||||
18 | defendant under the age of 21 years charged with an offense | ||||||
19 | against traffic regulations governing the movement of vehicles | ||||||
20 | or any violation of Section 6-107 or Section 12-603.1 of the | ||||||
21 | Illinois Vehicle Code, unless the defendant, upon payment of | ||||||
22 | the fines, penalties, and costs provided by law, agrees to | ||||||
23 | attend and successfully complete a traffic safety program | ||||||
24 | approved by the court under standards set by the Conference of | ||||||
25 | Chief Circuit Judges. The accused shall be responsible for | ||||||
26 | payment of any traffic safety program fees. If the accused |
| |||||||
| |||||||
1 | fails to file a certificate of successful completion on or | ||||||
2 | before the termination date of the supervision order, the | ||||||
3 | supervision shall be summarily revoked and conviction entered. | ||||||
4 | The provisions of Supreme Court Rule 402 relating to pleas of | ||||||
5 | guilty do not apply in cases when a defendant enters a guilty | ||||||
6 | plea under this provision.
| ||||||
7 | (i) The provisions of paragraph (c) shall not apply to a | ||||||
8 | defendant charged
with violating Section 3-707 of the Illinois | ||||||
9 | Vehicle Code or a similar
provision of a local ordinance if the | ||||||
10 | defendant has been assigned supervision
for a violation of | ||||||
11 | Section 3-707 of the Illinois Vehicle Code or a similar
| ||||||
12 | provision of a local ordinance.
| ||||||
13 | (j) The provisions of paragraph (c) shall not apply to a
| ||||||
14 | defendant charged with violating
Section 6-303 of the Illinois | ||||||
15 | Vehicle Code or a similar provision of
a local ordinance when | ||||||
16 | the revocation or suspension was for a violation of
Section | ||||||
17 | 11-501 or a similar provision of a local ordinance or a | ||||||
18 | violation of
Section 11-501.1 or paragraph (b) of Section | ||||||
19 | 11-401 of the Illinois Vehicle
Code , if the
defendant has | ||||||
20 | within the last 10 years been:
| ||||||
21 | (1) convicted for a violation of Section 6-303 of the | ||||||
22 | Illinois Vehicle
Code or a similar provision of a local | ||||||
23 | ordinance; or
| ||||||
24 | (2) assigned supervision for a violation of Section | ||||||
25 | 6-303 of the Illinois
Vehicle Code or a similar provision | ||||||
26 | of a local ordinance. |
| |||||||
| |||||||
1 | (k) The provisions of paragraph (c) shall not apply to a
| ||||||
2 | defendant charged with violating
any provision of the Illinois | ||||||
3 | Vehicle Code or a similar provision of a local ordinance that | ||||||
4 | governs the movement of vehicles if, within the 12 months | ||||||
5 | preceding the date of the defendant's arrest, the defendant has | ||||||
6 | been assigned court supervision on 2 occasions for a violation | ||||||
7 | that governs the movement of vehicles under the Illinois | ||||||
8 | Vehicle Code or a similar provision of a local ordinance.
| ||||||
9 | (l) A defendant charged with violating any provision of the | ||||||
10 | Illinois Vehicle Code or a similar provision of a local | ||||||
11 | ordinance who, after a court appearance in the same matter, | ||||||
12 | receives a disposition of supervision under subsection (c) | ||||||
13 | shall pay an additional fee of $20, to be collected as provided | ||||||
14 | in Sections 27.5 and 27.6 of the Clerks of Courts Act. In | ||||||
15 | addition to the $20 fee, the person shall also pay a fee of $5, | ||||||
16 | which, if not waived by the court, shall be collected as | ||||||
17 | provided in Sections 27.5 and 27.6 of the Clerks of Courts Act. | ||||||
18 | The $20 fee shall be disbursed as provided in Section 16-104c | ||||||
19 | of the Illinois Vehicle Code. If the $5 fee is collected, $4.50 | ||||||
20 | of the fee shall be deposited into the Circuit Court Clerk | ||||||
21 | Operation and Administrative Fund created by the Clerk of the | ||||||
22 | Circuit Court and 50 cents of the fee shall be deposited into | ||||||
23 | the Prisoner Review Board Vehicle and Equipment Fund in the | ||||||
24 | State treasury.
| ||||||
25 | (m) Any person convicted of , or pleading guilty to , or | ||||||
26 | placed on supervision for a serious traffic violation, as |
| |||||||
| |||||||
1 | defined in Section 1-187.001 of the Illinois Vehicle Code, a | ||||||
2 | violation of Section 11-501 of the Illinois Vehicle Code, or a | ||||||
3 | violation of a similar provision of a local ordinance shall pay | ||||||
4 | an additional fee of $20, to be disbursed as provided in | ||||||
5 | Section 16-104d of that Code. | ||||||
6 | This subsection (m) becomes inoperative 7 years after the | ||||||
7 | effective date of Public Act 95-154
this amendatory Act of the | ||||||
8 | 95th General Assembly .
| ||||||
9 | (n)
(m) The provisions of paragraph (c) shall not apply to | ||||||
10 | any person under the age of 18 who commits an offense against | ||||||
11 | traffic regulations governing the movement of vehicles or any | ||||||
12 | violation of Section 6-107 or Section 12-603.1 of the Illinois | ||||||
13 | Vehicle Code, except upon personal appearance of the defendant | ||||||
14 | in court and upon the written consent of the defendant's parent | ||||||
15 | or legal guardian, executed before the presiding judge. The | ||||||
16 | presiding judge shall have the authority to waive this | ||||||
17 | requirement upon the showing of good cause by the defendant.
| ||||||
18 | (Source: P.A. 94-169, eff. 1-1-06; 94-330, eff. 1-1-06; 94-375, | ||||||
19 | eff. 1-1-06; 94-1009, eff. 1-1-07; 95-154, eff. 10-13-07; | ||||||
20 | 95-302, eff. 1-1-08; 95-310, eff. 1-1-08; 95-377, eff. 1-1-08; | ||||||
21 | 95-428, 8-24-07; revised 11-19-07.)
| ||||||
22 | (Text of Section after amendment by P.A. 95-400 ) | ||||||
23 | Sec. 5-6-1. Sentences of Probation and of Conditional
| ||||||
24 | Discharge and Disposition of Supervision.
The General Assembly | ||||||
25 | finds that in order to protect the public, the
criminal justice |
| |||||||
| |||||||
1 | system must compel compliance with the conditions of probation
| ||||||
2 | by responding to violations with swift, certain and fair | ||||||
3 | punishments and
intermediate sanctions. The Chief Judge of each | ||||||
4 | circuit shall adopt a system of
structured, intermediate | ||||||
5 | sanctions for violations of the terms and conditions
of a | ||||||
6 | sentence of probation, conditional discharge or disposition of
| ||||||
7 | supervision.
| ||||||
8 | (a) Except where specifically prohibited by other
| ||||||
9 | provisions of this Code, the court shall impose a sentence
of | ||||||
10 | probation or conditional discharge upon an offender
unless, | ||||||
11 | having regard to the nature and circumstance of
the offense, | ||||||
12 | and to the history, character and condition
of the offender, | ||||||
13 | the court is of the opinion that:
| ||||||
14 | (1) his imprisonment or periodic imprisonment is | ||||||
15 | necessary
for the protection of the public; or
| ||||||
16 | (2) probation or conditional discharge would deprecate
| ||||||
17 | the seriousness of the offender's conduct and would be
| ||||||
18 | inconsistent with the ends of justice; or
| ||||||
19 | (3) a combination of imprisonment with concurrent or | ||||||
20 | consecutive probation when an offender has been admitted | ||||||
21 | into a drug court program under Section 20 of the Drug | ||||||
22 | Court Treatment Act is necessary for the protection of the | ||||||
23 | public and for the rehabilitation of the offender.
| ||||||
24 | The court shall impose as a condition of a sentence of | ||||||
25 | probation,
conditional discharge, or supervision, that the | ||||||
26 | 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
11-9.1; 12-3.2; 12-15; 26-5; | ||||||
23 | 31-1; 31-6; 31-7; subsections (b) and (c) of Section
21-1;
| ||||||
24 | paragraph (1) through (5), (8), (10), and (11) of subsection | ||||||
25 | (a) of Section
24-1; (ii) a Class A misdemeanor violation of | ||||||
26 | Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals |
| |||||||
| |||||||
1 | Act; or (iii)
felony.
If the defendant
is not barred from | ||||||
2 | receiving an order for supervision as provided in this
| ||||||
3 | subsection, the court may enter an order for supervision after | ||||||
4 | considering the
circumstances of the offense, and the history,
| ||||||
5 | character and condition of the offender, if the court is of the | ||||||
6 | opinion
that:
| ||||||
7 | (1) the offender is not likely to commit further | ||||||
8 | crimes;
| ||||||
9 | (2) the defendant and the public would be best served | ||||||
10 | if the
defendant were not to receive a criminal record; and
| ||||||
11 | (3) in the best interests of justice an order of | ||||||
12 | supervision
is more appropriate than a sentence otherwise | ||||||
13 | permitted under this Code.
| ||||||
14 | (c-5) Subsections (a), (b), and (c) of this Section do not | ||||||
15 | apply to a defendant charged with a second or subsequent | ||||||
16 | violation of Section 6-303 of the Illinois Vehicle Code | ||||||
17 | committed while his or her driver's license, permit or | ||||||
18 | privileges were revoked because of a violation of Section 9-3 | ||||||
19 | of the Criminal Code of 1961, relating to the offense of | ||||||
20 | reckless homicide, or a similar provision of a law of another | ||||||
21 | state.
| ||||||
22 | (d) The provisions of paragraph (c) shall not apply to a | ||||||
23 | defendant charged
with violating Section 11-501 of the Illinois | ||||||
24 | Vehicle Code or a similar
provision of a local
ordinance when | ||||||
25 | the defendant has previously been:
| ||||||
26 | (1) convicted for a violation of Section 11-501 of
the |
| |||||||
| |||||||
1 | Illinois Vehicle
Code or a similar provision of a
local | ||||||
2 | ordinance or any similar law or ordinance of another state; | ||||||
3 | or
| ||||||
4 | (2) assigned supervision for a violation of Section | ||||||
5 | 11-501 of the Illinois
Vehicle Code or a similar provision | ||||||
6 | of a local ordinance or any similar law
or ordinance of | ||||||
7 | another state; or
| ||||||
8 | (3) pleaded guilty to or stipulated to the facts | ||||||
9 | supporting
a charge or a finding of guilty to a violation | ||||||
10 | of Section 11-503 of the
Illinois Vehicle Code or a similar | ||||||
11 | provision of a local ordinance or any
similar law or | ||||||
12 | ordinance of another state, and the
plea or stipulation was | ||||||
13 | the result of a plea agreement.
| ||||||
14 | The court shall consider the statement of the prosecuting
| ||||||
15 | authority with regard to the standards set forth in this | ||||||
16 | Section.
| ||||||
17 | (e) The provisions of paragraph (c) shall not apply to a | ||||||
18 | defendant
charged with violating Section 16A-3 of the Criminal | ||||||
19 | Code of 1961 if said
defendant has within the last 5 years | ||||||
20 | been:
| ||||||
21 | (1) convicted for a violation of Section 16A-3 of the | ||||||
22 | Criminal Code of
1961; or
| ||||||
23 | (2) assigned supervision for a violation of Section | ||||||
24 | 16A-3 of the Criminal
Code of 1961.
| ||||||
25 | The court shall consider the statement of the prosecuting | ||||||
26 | authority with
regard to the standards set forth in this |
| |||||||
| |||||||
1 | Section.
| ||||||
2 | (f) The provisions of paragraph (c) shall not apply to a | ||||||
3 | defendant
charged with violating Sections 15-111, 15-112, | ||||||
4 | 15-301, paragraph (b)
of Section 6-104, Section 11-605, Section | ||||||
5 | 11-1002.5, or Section 11-1414
of the Illinois Vehicle Code or a | ||||||
6 | similar provision of a local ordinance.
| ||||||
7 | (g) Except as otherwise provided in paragraph (i) of this | ||||||
8 | Section, the
provisions of paragraph (c) shall not apply to a
| ||||||
9 | defendant charged with violating Section
3-707, 3-708, 3-710, | ||||||
10 | or 5-401.3
of the Illinois Vehicle Code or a similar provision | ||||||
11 | of a local ordinance if the
defendant has within the last 5 | ||||||
12 | years been:
| ||||||
13 | (1) convicted for a violation of Section 3-707, 3-708, | ||||||
14 | 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | ||||||
15 | provision of a local
ordinance; or
| ||||||
16 | (2) assigned supervision for a violation of Section | ||||||
17 | 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle | ||||||
18 | Code or a similar provision of a local
ordinance.
| ||||||
19 | The court shall consider the statement of the prosecuting | ||||||
20 | authority with
regard to the standards set forth in this | ||||||
21 | Section.
| ||||||
22 | (h) The provisions of paragraph (c) shall not apply to a | ||||||
23 | defendant under
the age of 21 years charged with violating a | ||||||
24 | serious traffic offense as defined
in Section 1-187.001 of the | ||||||
25 | Illinois Vehicle Code:
| ||||||
26 | (1) unless the defendant, upon payment of the fines, |
| |||||||
| |||||||
1 | penalties, and costs
provided by law, agrees to attend and | ||||||
2 | successfully complete a traffic safety
program approved by | ||||||
3 | the court under standards set by the Conference of Chief
| ||||||
4 | Circuit Judges. The accused shall be responsible for | ||||||
5 | payment of any traffic
safety program fees. If the accused | ||||||
6 | fails to file a certificate of
successful completion on or | ||||||
7 | before the termination date of the supervision
order, the | ||||||
8 | supervision shall be summarily revoked and conviction | ||||||
9 | entered. The
provisions of Supreme Court Rule 402 relating | ||||||
10 | to pleas of guilty do not apply
in cases when a defendant | ||||||
11 | enters a guilty plea under this provision; or
| ||||||
12 | (2) if the defendant has previously been sentenced | ||||||
13 | under the provisions of
paragraph (c) on or after January | ||||||
14 | 1, 1998 for any serious traffic offense as
defined in | ||||||
15 | Section 1-187.001 of the Illinois Vehicle Code.
| ||||||
16 | (h-1) The provisions of paragraph (c) shall not apply to a | ||||||
17 | defendant under the age of 21 years charged with an offense | ||||||
18 | against traffic regulations governing the movement of vehicles | ||||||
19 | or any violation of Section 6-107 or Section 12-603.1 of the | ||||||
20 | Illinois Vehicle Code, unless the defendant, upon payment of | ||||||
21 | the fines, penalties, and costs provided by law, agrees to | ||||||
22 | attend and successfully complete a traffic safety program | ||||||
23 | approved by the court under standards set by the Conference of | ||||||
24 | Chief 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 |
| |||||||
| |||||||
1 | before the termination date of the supervision order, the | ||||||
2 | supervision shall be summarily revoked and conviction entered. | ||||||
3 | The provisions of Supreme Court Rule 402 relating to pleas of | ||||||
4 | guilty do not apply in cases when a defendant enters a guilty | ||||||
5 | plea under this provision.
| ||||||
6 | (i) The provisions of paragraph (c) shall not apply to a | ||||||
7 | defendant charged
with violating Section 3-707 of the Illinois | ||||||
8 | Vehicle Code or a similar
provision of a local ordinance if the | ||||||
9 | defendant has been assigned supervision
for a violation of | ||||||
10 | Section 3-707 of the Illinois Vehicle Code or a similar
| ||||||
11 | provision of a local ordinance.
| ||||||
12 | (j) The provisions of paragraph (c) shall not apply to a
| ||||||
13 | defendant charged with violating
Section 6-303 of the Illinois | ||||||
14 | Vehicle Code or a similar provision of
a local ordinance when | ||||||
15 | the revocation or suspension was for a violation of
Section | ||||||
16 | 11-501 or a similar provision of a local ordinance or a | ||||||
17 | violation of
Section 11-501.1 or paragraph (b) of Section | ||||||
18 | 11-401 of the Illinois Vehicle
Code , if the
defendant has | ||||||
19 | within the last 10 years been:
| ||||||
20 | (1) convicted for a violation of Section 6-303 of the | ||||||
21 | Illinois Vehicle
Code or a similar provision of a local | ||||||
22 | ordinance; or
| ||||||
23 | (2) assigned supervision for a violation of Section | ||||||
24 | 6-303 of the Illinois
Vehicle Code or a similar provision | ||||||
25 | of a local ordinance. | ||||||
26 | (k) The provisions of paragraph (c) shall not apply to a
|
| |||||||
| |||||||
1 | defendant charged with violating
any provision of the Illinois | ||||||
2 | Vehicle Code or a similar provision of a local ordinance that | ||||||
3 | governs the movement of vehicles if, within the 12 months | ||||||
4 | preceding the date of the defendant's arrest, the defendant has | ||||||
5 | been assigned court supervision on 2 occasions for a violation | ||||||
6 | that governs the movement of vehicles under the Illinois | ||||||
7 | Vehicle Code or a similar provision of a local ordinance.
| ||||||
8 | (l) A defendant charged with violating any provision of the | ||||||
9 | Illinois Vehicle Code or a similar provision of a local | ||||||
10 | ordinance who, after a court appearance in the same matter, | ||||||
11 | receives a disposition of supervision under subsection (c) | ||||||
12 | shall pay an additional fee of $20, to be collected as provided | ||||||
13 | in Sections 27.5 and 27.6 of the Clerks of Courts Act. In | ||||||
14 | addition to the $20 fee, the person shall also pay a fee of $5, | ||||||
15 | which, if not waived by the court, shall be collected as | ||||||
16 | provided in Sections 27.5 and 27.6 of the Clerks of Courts Act. | ||||||
17 | The $20 fee shall be disbursed as provided in Section 16-104c | ||||||
18 | of the Illinois Vehicle Code. If the $5 fee is collected, $4.50 | ||||||
19 | of the fee shall be deposited into the Circuit Court Clerk | ||||||
20 | Operation and Administrative Fund created by the Clerk of the | ||||||
21 | Circuit Court and 50 cents of the fee shall be deposited into | ||||||
22 | the Prisoner Review Board Vehicle and Equipment Fund in the | ||||||
23 | State treasury.
| ||||||
24 | (m) Any person convicted of , or pleading guilty to , or | ||||||
25 | placed on supervision for a serious traffic violation, as | ||||||
26 | defined in Section 1-187.001 of the Illinois Vehicle Code, a |
| |||||||
| |||||||
1 | violation of Section 11-501 of the Illinois Vehicle Code, or a | ||||||
2 | violation of a similar provision of a local ordinance shall pay | ||||||
3 | an additional fee of $20, to be disbursed as provided in | ||||||
4 | Section 16-104d of that Code. | ||||||
5 | This subsection (m) becomes inoperative 7 years after the | ||||||
6 | effective date of Public Act 95-154
this amendatory Act of the | ||||||
7 | 95th General Assembly .
| ||||||
8 | (n)
(m) The provisions of paragraph (c) shall not apply to | ||||||
9 | any person under the age of 18 who commits an offense against | ||||||
10 | traffic regulations governing the movement of vehicles or any | ||||||
11 | violation of Section 6-107 or Section 12-603.1 of the Illinois | ||||||
12 | Vehicle Code, except upon personal appearance of the defendant | ||||||
13 | in court and upon the written consent of the defendant's parent | ||||||
14 | or legal guardian, executed before the presiding judge. The | ||||||
15 | presiding judge shall have the authority to waive this | ||||||
16 | requirement upon the showing of good cause by the defendant.
| ||||||
17 | (o)
(m) The provisions of paragraph (c) shall not apply to | ||||||
18 | a defendant charged with violating Section 6-303 of the | ||||||
19 | Illinois Vehicle Code or a similar provision of a local | ||||||
20 | ordinance when the suspension was for a violation of Section | ||||||
21 | 11-501.1 of the Illinois Vehicle Code and when: | ||||||
22 | (1) at the time of the violation of Section 11-501.1 of | ||||||
23 | the Illinois Vehicle Code, the defendant was a first | ||||||
24 | offender pursuant to Section 11-500 of the Illinois Vehicle | ||||||
25 | Code and the defendant failed to obtain a monitoring device | ||||||
26 | driving permit; or |
| |||||||
| |||||||
1 | (2) at the time of the violation of Section 11-501.1 of | ||||||
2 | the Illinois Vehicle Code, the defendant was a first | ||||||
3 | offender pursuant to Section 11-500 of the Illinois Vehicle | ||||||
4 | Code, had subsequently obtained a monitoring device | ||||||
5 | driving permit, but was driving a vehicle not equipped with | ||||||
6 | a breath alcohol ignition interlock device as defined in | ||||||
7 | Section 1-129.1 of the Illinois Vehicle Code.
| ||||||
8 | (Source: P.A. 94-169, eff. 1-1-06; 94-330, eff. 1-1-06; 94-375, | ||||||
9 | eff. 1-1-06; 94-1009, eff. 1-1-07; 95-154, eff. 10-13-07; | ||||||
10 | 95-302, eff. 1-1-08; 95-310, eff. 1-1-08; 95-377, eff. 1-1-08; | ||||||
11 | 95-400, eff. 1-1-09; 95-428, 8-24-07; revised 11-19-07.)
| ||||||
12 | Section 95. No acceleration or delay. Where this Act makes | ||||||
13 | changes in a statute that is represented in this Act by text | ||||||
14 | that is not yet or no longer in effect (for example, a Section | ||||||
15 | represented by multiple versions), the use of that text does | ||||||
16 | not accelerate or delay the taking effect of (i) the changes | ||||||
17 | made by this Act or (ii) provisions derived from any other | ||||||
18 | Public Act. | ||||||
19 | Section 99. Effective date. This Act takes effect July 1, | ||||||
20 | 2008.".
|