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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0994
Introduced 2/8/2007, by Rep. Jim Sacia SYNOPSIS AS INTRODUCED: |
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30 ILCS 105/5.675 new |
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625 ILCS 5/16-104c |
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730 ILCS 5/5-6-1 |
from Ch. 38, par. 1005-6-1 |
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Amends the Illinois Vehicle Code, the Unified Code of Corrections, and the State Finance Act. Provides that any person who receives a disposition of court supervision for a violation of the Illinois Vehicle Code, rather than only those persons who receive that disposition after appearing in court with regard to the violation, shall pay additional fees of $20 and $5. Provides that the additional fees shall also be collected from a person who receives the disposition for a violation of a local ordinance that is similar to a provision of the Vehicle Code. Increases the amount of the $5 fee to $10. Provides that $5 of the $10 fee shall be deposited into the Illinois Law Enforcement Alarm System Fund. Creates the Illinois Law Enforcement Alarm System Fund as a special fund in the State treasury. Provides that the Illinois Law Enforcement Alarm System Board shall use all moneys in the Fund for the operational expenses of homeland security air support units in the State of Illinois. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB0994 |
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LRB095 06161 DRH 26255 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The State Finance Act is amended by adding |
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| Section 5.675 as follows: |
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| (30 ILCS 105/5.675 new) |
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| Sec. 5.675. The Illinois Law Enforcement Alarm System Fund. |
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| Section 10. The Illinois Vehicle Code is amended by |
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| changing Section 16-104c as follows: |
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| (625 ILCS 5/16-104c) |
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| Sec. 16-104c. Court supervision fees. |
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| (a) Any person who , after a court appearance in the same |
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| matter, receives a disposition of court supervision for a |
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| violation of any provision of this Code or a similar provision |
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| of a local ordinance shall pay an additional fee of $20, which |
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| shall be disbursed as follows: |
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| (1) if an officer of the Department of State Police |
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| arrested the person for the violation, the $20 fee shall be |
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| deposited into the State Police Vehicle Fund in the State |
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| treasury; or
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| (2) if an officer of any law enforcement agency in the |
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LRB095 06161 DRH 26255 b |
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| State other than the Department of State Police arrested |
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| the person for the violation, the $20 fee shall be paid to |
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| the law enforcement agency that employed the arresting |
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| officer and shall be used for the acquisition or |
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| maintenance of police vehicles.
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| (b) In addition to the fee provided for in subsection (a), |
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| a person who , after a court appearance in the same matter, |
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| receives a disposition of court supervision for any violation |
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| of this Code or a similar provision of a local ordinance shall |
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| also pay an additional fee of $10
$5 , if not waived by the |
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| court. Of this $10
$5 fee, $5 shall be deposited into the |
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| Illinois Law Enforcement Alarm System Fund in the State |
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| treasury, $4.50 shall be deposited into the Circuit Court Clerk |
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| Operation and Administrative Fund created by the Clerk of the |
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| Circuit Court , and 50 cents shall be deposited into the |
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| Prisoner Review Board Vehicle and Equipment Fund in the State |
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| treasury.
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| (c) The Prisoner Review Board Vehicle and Equipment Fund is |
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| created as a special fund in the State treasury. The Prisoner |
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| Review Board shall, subject to appropriation by the General |
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| Assembly and approval by the Secretary, use all moneys in the |
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| Prisoner Review Board Vehicle and Equipment Fund for the |
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| purchase and operation of vehicles and equipment.
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| (d) The Illinois Law Enforcement Alarm System Fund is |
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| created as a special fund in the State treasury. The Illinois |
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| Law Enforcement Alarm System Board shall, subject to |
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LRB095 06161 DRH 26255 b |
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| appropriation by the General Assembly and approval by the |
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| Secretary, use all moneys in the Illinois Law Enforcement Alarm |
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| System Fund for the operational expenses of homeland security |
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| air support units in the State of Illinois.
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| (Source: P.A. 94-1009, eff. 1-1-07.) |
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| Section 15. The Unified Code of Corrections is amended by |
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| changing Section 5-6-1 as follows:
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| (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
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| Sec. 5-6-1. Sentences of Probation and of Conditional
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| Discharge and Disposition of Supervision.
The General Assembly |
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| finds that in order to protect the public, the
criminal justice |
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| system must compel compliance with the conditions of probation
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| by responding to violations with swift, certain and fair |
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| punishments and
intermediate sanctions. The Chief Judge of each |
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| circuit shall adopt a system of
structured, intermediate |
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| sanctions for violations of the terms and conditions
of a |
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| sentence of probation, conditional discharge or disposition of
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| supervision.
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| (a) Except where specifically prohibited by other
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| provisions of this Code, the court shall impose a sentence
of |
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| probation or conditional discharge upon an offender
unless, |
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| having regard to the nature and circumstance of
the offense, |
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| and to the history, character and condition
of the offender, |
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| the court is of the opinion that:
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LRB095 06161 DRH 26255 b |
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| (1) his imprisonment or periodic imprisonment is |
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| necessary
for the protection of the public; or
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| (2) probation or conditional discharge would deprecate
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| the seriousness of the offender's conduct and would be
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| inconsistent with the ends of justice; or
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| (3) a combination of imprisonment with concurrent or |
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| consecutive probation when an offender has been admitted |
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| into a drug court program under Section 20 of the Drug |
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| Court Treatment Act is necessary for the protection of the |
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| public and for the rehabilitation of the offender.
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| The court shall impose as a condition of a sentence of |
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| probation,
conditional discharge, or supervision, that the |
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| probation agency may invoke any
sanction from the list of |
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| intermediate sanctions adopted by the chief judge of
the |
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| circuit court for violations of the terms and conditions of the |
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| sentence of
probation, conditional discharge, or supervision, |
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| subject to the provisions of
Section 5-6-4 of this Act.
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| (b) The court may impose a sentence of conditional
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| discharge for an offense if the court is of the opinion
that |
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| neither a sentence of imprisonment nor of periodic
imprisonment |
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| nor of probation supervision is appropriate.
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| (b-1) Subsections (a) and (b) of this Section do not apply |
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| to a defendant charged with a misdemeanor or felony under the |
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| Illinois Vehicle Code or reckless homicide under Section 9-3 of |
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| the Criminal Code of 1961 if the defendant within the past 12 |
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| months has been convicted of or pleaded guilty to a misdemeanor |
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LRB095 06161 DRH 26255 b |
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| or felony under the Illinois Vehicle Code or reckless homicide |
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| under Section 9-3 of the Criminal Code of 1961. |
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| (c) The court may, upon a plea of guilty or a stipulation
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| by the defendant of the facts supporting the charge or a
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| finding of guilt, defer further proceedings and the
imposition |
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| of a sentence, and enter an order for supervision of the |
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| defendant,
if the defendant is not charged with: (i) a Class A |
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| misdemeanor, as
defined by the following provisions of the |
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| Criminal Code of 1961: Sections
11-9.1; 12-3.2; 12-15; 26-5; |
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| 31-1; 31-6; 31-7; subsections (b) and (c) of Section
21-1;
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| paragraph (1) through (5), (8), (10), and (11) of subsection |
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| (a) of Section
24-1; (ii) a Class A misdemeanor violation of |
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| Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals |
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| Act; or (iii)
felony.
If the defendant
is not barred from |
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| receiving an order for supervision as provided in this
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| subsection, the court may enter an order for supervision after |
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| considering the
circumstances of the offense, and the history,
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| character and condition of the offender, if the court is of the |
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| opinion
that:
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| (1) the offender is not likely to commit further |
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| crimes;
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| (2) the defendant and the public would be best served |
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| if the
defendant were not to receive a criminal record; and
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| (3) in the best interests of justice an order of |
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| supervision
is more appropriate than a sentence otherwise |
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| permitted under this Code.
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LRB095 06161 DRH 26255 b |
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| (d) The provisions of paragraph (c) shall not apply to a |
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| defendant charged
with violating Section 11-501 of the Illinois |
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| Vehicle Code or a similar
provision of a local
ordinance when |
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| the defendant has previously been:
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| (1) convicted for a violation of Section 11-501 of
the |
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| Illinois Vehicle
Code or a similar provision of a
local |
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| ordinance or any similar law or ordinance of another state; |
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| or
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| (2) assigned supervision for a violation of Section |
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| 11-501 of the Illinois
Vehicle Code or a similar provision |
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| of a local ordinance or any similar law
or ordinance of |
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| another state; or
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| (3) pleaded guilty to or stipulated to the facts |
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| supporting
a charge or a finding of guilty to a violation |
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| of Section 11-503 of the
Illinois Vehicle Code or a similar |
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| provision of a local ordinance or any
similar law or |
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| ordinance of another state, and the
plea or stipulation was |
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| the result of a plea agreement.
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| The court shall consider the statement of the prosecuting
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| authority with regard to the standards set forth in this |
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| Section.
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| (e) The provisions of paragraph (c) shall not apply to a |
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| defendant
charged with violating Section 16A-3 of the Criminal |
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| Code of 1961 if said
defendant has within the last 5 years |
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| been:
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| (1) convicted for a violation of Section 16A-3 of the |
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LRB095 06161 DRH 26255 b |
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| Criminal Code of
1961; or
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| (2) assigned supervision for a violation of Section |
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| 16A-3 of the Criminal
Code of 1961.
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| The court shall consider the statement of the prosecuting |
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| authority with
regard to the standards set forth in this |
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| Section.
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| (f) The provisions of paragraph (c) shall not apply to a |
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| defendant
charged with violating Sections 15-111, 15-112, |
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| 15-301, paragraph (b)
of Section 6-104, Section 11-605, or |
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| Section 11-1414
of the Illinois Vehicle Code or a similar |
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| provision of a local ordinance.
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| (g) Except as otherwise provided in paragraph (i) of this |
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| Section, the
provisions of paragraph (c) shall not apply to a
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| defendant charged with violating Section
3-707, 3-708, 3-710, |
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| or 5-401.3
of the Illinois Vehicle Code or a similar provision |
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| of a local ordinance if the
defendant has within the last 5 |
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| years been:
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| (1) convicted for a violation of Section 3-707, 3-708, |
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| 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar |
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| provision of a local
ordinance; or
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| (2) assigned supervision for a violation of Section |
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| 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle |
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| Code or a similar provision of a local
ordinance.
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| The court shall consider the statement of the prosecuting |
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| authority with
regard to the standards set forth in this |
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| Section.
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LRB095 06161 DRH 26255 b |
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| (h) The provisions of paragraph (c) shall not apply to a |
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| defendant under
the age of 21 years charged with violating a |
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| serious traffic offense as defined
in Section 1-187.001 of the |
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| Illinois Vehicle Code:
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| (1) unless the defendant, upon payment of the fines, |
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| penalties, and costs
provided by law, agrees to attend and |
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| successfully complete a traffic safety
program approved by |
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| the court under standards set by the Conference of Chief
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| Circuit Judges. The accused shall be responsible for |
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| payment of any traffic
safety program fees. If the accused |
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| fails to file a certificate of
successful completion on or |
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| before the termination date of the supervision
order, the |
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| supervision shall be summarily revoked and conviction |
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| entered. The
provisions of Supreme Court Rule 402 relating |
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| to pleas of guilty do not apply
in cases when a defendant |
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| enters a guilty plea under this provision; or
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| (2) if the defendant has previously been sentenced |
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| under the provisions of
paragraph (c) on or after January |
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| 1, 1998 for any serious traffic offense as
defined in |
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| Section 1-187.001 of the Illinois Vehicle Code.
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| (i) The provisions of paragraph (c) shall not apply to a |
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| defendant charged
with violating Section 3-707 of the Illinois |
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| Vehicle Code or a similar
provision of a local ordinance if the |
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| defendant has been assigned supervision
for a violation of |
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| Section 3-707 of the Illinois Vehicle Code or a similar
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| provision of a local ordinance.
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LRB095 06161 DRH 26255 b |
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| (j) The provisions of paragraph (c) shall not apply to a
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| defendant charged with violating
Section 6-303 of the Illinois |
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| Vehicle Code or a similar provision of
a local ordinance when |
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| the revocation or suspension was for a violation of
Section |
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| 11-501 or a similar provision of a local ordinance, a violation |
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| of
Section 11-501.1 or paragraph (b) of Section 11-401 of the |
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| Illinois Vehicle
Code, or a violation of Section 9-3 of the |
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| Criminal Code of 1961 if the
defendant has within the last 10 |
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| years been:
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| (1) convicted for a violation of Section 6-303 of the |
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| Illinois Vehicle
Code or a similar provision of a local |
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| ordinance; or
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| (2) assigned supervision for a violation of Section |
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| 6-303 of the Illinois
Vehicle Code or a similar provision |
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| of a local ordinance. |
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| (k) The provisions of paragraph (c) shall not apply to a
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| defendant charged with violating
any provision of the Illinois |
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| Vehicle Code or a similar provision of a local ordinance that |
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| governs the movement of vehicles if, within the 12 months |
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| preceding the date of the defendant's arrest, the defendant has |
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| been assigned court supervision on 2 occasions for a violation |
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| that governs the movement of vehicles under the Illinois |
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| Vehicle Code or a similar provision of a local ordinance.
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| (l) A defendant charged with violating any provision of the |
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| Illinois Vehicle Code or a similar provision of a local |
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| ordinance who , after a court appearance in the same matter, |
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| receives a disposition of supervision under subsection (c) |
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| shall pay an additional fee of $20, to be collected as provided |
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| in Sections 27.5 and 27.6 of the Clerks of Courts Act. In |
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| addition to the $20 fee, the person shall also pay a fee of $10
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| $5 , which, if not waived by the court, shall be collected as |
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| provided in Sections 27.5 and 27.6 of the Clerks of Courts Act. |
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| The $20 fee shall be disbursed as provided in Section 16-104c |
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| of the Illinois Vehicle Code. If the $10
$5 fee is collected, |
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| $5 of the fee shall be deposited into the Illinois Law |
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| Enforcement Alarm System Fund in the State treasury, $4.50 of |
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| the fee shall be deposited into the Circuit Court Clerk |
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| Operation and Administrative Fund created by the Clerk of the |
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| Circuit Court , and 50 cents of the fee shall be deposited into |
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| the Prisoner Review Board Vehicle and Equipment Fund in the |
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| State treasury.
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| (Source: P.A. 93-388, eff. 7-25-03; 93-1014, eff. 1-1-05; |
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| 94-169, eff. 1-1-06; 94-330, eff. 1-1-06; 94-375, eff. 1-1-06; |
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| 94-1009, eff. 1-1-07.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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