HB0994 Engrossed LRB095 06161 DRH 26255 b

1     AN ACT concerning transportation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The State Finance Act is amended by adding
5 Section 5.675 as follows:
 
6     (30 ILCS 105/5.675 new)
7     Sec. 5.675. The Illinois Law Enforcement Alarm System Fund.
 
8     Section 10. The Illinois Vehicle Code is amended by
9 changing Section 16-104c as follows:
 
10     (625 ILCS 5/16-104c)
11     Sec. 16-104c. Court supervision fees.
12     (a) Any person who, after a court appearance in the same
13 matter, receives a disposition of court supervision for a
14 violation of any provision of this Code or a similar provision
15 of a local ordinance shall pay an additional fee of $20, which
16 shall be disbursed as follows:
17         (1) if an officer of the Department of State Police
18     arrested the person for the violation, the $20 fee shall be
19     deposited into the State Police Vehicle Fund in the State
20     treasury; or
21         (2) if an officer of any law enforcement agency in the

 

 

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1     State other than the Department of State Police arrested
2     the person for the violation, the $20 fee shall be paid to
3     the law enforcement agency that employed the arresting
4     officer and shall be used for the acquisition or
5     maintenance of police vehicles.
6     (b) In addition to the fee provided for in subsection (a),
7 a person who, after a court appearance in the same matter,
8 receives a disposition of court supervision for any violation
9 of this Code or a similar provision of a local ordinance shall
10 also pay an additional fee of $10 $5, if not waived by the
11 court. Of this $10 $5 fee, $5 shall be deposited into the
12 Illinois Law Enforcement Alarm System Fund in the State
13 treasury, $4.50 shall be deposited into the Circuit Court Clerk
14 Operation and Administrative Fund created by the Clerk of the
15 Circuit Court, and 50 cents shall be deposited into the
16 Prisoner Review Board Vehicle and Equipment Fund in the State
17 treasury.
18     (c) The Prisoner Review Board Vehicle and Equipment Fund is
19 created as a special fund in the State treasury. The Prisoner
20 Review Board shall, subject to appropriation by the General
21 Assembly and approval by the Secretary, use all moneys in the
22 Prisoner Review Board Vehicle and Equipment Fund for the
23 purchase and operation of vehicles and equipment.
24     (d) The Illinois Law Enforcement Alarm System Fund is
25 created as a special fund in the State treasury. The Illinois
26 Law Enforcement Alarm System Board shall, subject to

 

 

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1 appropriation by the General Assembly and approval by the
2 Secretary, use all moneys in the Illinois Law Enforcement Alarm
3 System Fund for the operational expenses of homeland security
4 air support units in the State of Illinois.
5 (Source: P.A. 94-1009, eff. 1-1-07.)
 
6     Section 15. The Unified Code of Corrections is amended by
7 changing Section 5-6-1 as follows:
 
8     (730 ILCS 5/5-6-1)  (from Ch. 38, par. 1005-6-1)
9     Sec. 5-6-1. Sentences of Probation and of Conditional
10 Discharge and Disposition of Supervision. The General Assembly
11 finds that in order to protect the public, the criminal justice
12 system must compel compliance with the conditions of probation
13 by responding to violations with swift, certain and fair
14 punishments and intermediate sanctions. The Chief Judge of each
15 circuit shall adopt a system of structured, intermediate
16 sanctions for violations of the terms and conditions of a
17 sentence of probation, conditional discharge or disposition of
18 supervision.
19     (a) Except where specifically prohibited by other
20 provisions of this Code, the court shall impose a sentence of
21 probation or conditional discharge upon an offender unless,
22 having regard to the nature and circumstance of the offense,
23 and to the history, character and condition of the offender,
24 the court is of the opinion that:

 

 

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1         (1) his imprisonment or periodic imprisonment is
2     necessary for the protection of the public; or
3         (2) probation or conditional discharge would deprecate
4     the seriousness of the offender's conduct and would be
5     inconsistent with the ends of justice; or
6         (3) a combination of imprisonment with concurrent or
7     consecutive probation when an offender has been admitted
8     into a drug court program under Section 20 of the Drug
9     Court Treatment Act is necessary for the protection of the
10     public and for the rehabilitation of the offender.
11     The court shall impose as a condition of a sentence of
12 probation, conditional discharge, or supervision, that the
13 probation agency may invoke any sanction from the list of
14 intermediate sanctions adopted by the chief judge of the
15 circuit court for violations of the terms and conditions of the
16 sentence of probation, conditional discharge, or supervision,
17 subject to the provisions of Section 5-6-4 of this Act.
18     (b) The court may impose a sentence of conditional
19 discharge for an offense if the court is of the opinion that
20 neither a sentence of imprisonment nor of periodic imprisonment
21 nor of probation supervision is appropriate.
22     (b-1) Subsections (a) and (b) of this Section do not apply
23 to a defendant charged with a misdemeanor or felony under the
24 Illinois Vehicle Code or reckless homicide under Section 9-3 of
25 the Criminal Code of 1961 if the defendant within the past 12
26 months has been convicted of or pleaded guilty to a misdemeanor

 

 

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1 or felony under the Illinois Vehicle Code or reckless homicide
2 under Section 9-3 of the Criminal Code of 1961.
3     (c) The court may, upon a plea of guilty or a stipulation
4 by the defendant of the facts supporting the charge or a
5 finding of guilt, defer further proceedings and the imposition
6 of a sentence, and enter an order for supervision of the
7 defendant, if the defendant is not charged with: (i) a Class A
8 misdemeanor, as defined by the following provisions of the
9 Criminal Code of 1961: Sections 11-9.1; 12-3.2; 12-15; 26-5;
10 31-1; 31-6; 31-7; subsections (b) and (c) of Section 21-1;
11 paragraph (1) through (5), (8), (10), and (11) of subsection
12 (a) of Section 24-1; (ii) a Class A misdemeanor violation of
13 Section 3.01, 3.03-1, or 4.01 of the Humane Care for Animals
14 Act; or (iii) felony. If the defendant is not barred from
15 receiving an order for supervision as provided in this
16 subsection, the court may enter an order for supervision after
17 considering the circumstances of the offense, and the history,
18 character and condition of the offender, if the court is of the
19 opinion that:
20         (1) the offender is not likely to commit further
21     crimes;
22         (2) the defendant and the public would be best served
23     if the defendant were not to receive a criminal record; and
24         (3) in the best interests of justice an order of
25     supervision is more appropriate than a sentence otherwise
26     permitted under this Code.

 

 

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1     (d) The provisions of paragraph (c) shall not apply to a
2 defendant charged with violating Section 11-501 of the Illinois
3 Vehicle Code or a similar provision of a local ordinance when
4 the defendant has previously been:
5         (1) convicted for a violation of Section 11-501 of the
6     Illinois Vehicle Code or a similar provision of a local
7     ordinance or any similar law or ordinance of another state;
8     or
9         (2) assigned supervision for a violation of Section
10     11-501 of the Illinois Vehicle Code or a similar provision
11     of a local ordinance or any similar law or ordinance of
12     another state; or
13         (3) pleaded guilty to or stipulated to the facts
14     supporting a charge or a finding of guilty to a violation
15     of Section 11-503 of the Illinois Vehicle Code or a similar
16     provision of a local ordinance or any similar law or
17     ordinance of another state, and the plea or stipulation was
18     the result of a plea agreement.
19     The court shall consider the statement of the prosecuting
20 authority with regard to the standards set forth in this
21 Section.
22     (e) The provisions of paragraph (c) shall not apply to a
23 defendant charged with violating Section 16A-3 of the Criminal
24 Code of 1961 if said defendant has within the last 5 years
25 been:
26         (1) convicted for a violation of Section 16A-3 of the

 

 

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1     Criminal Code of 1961; or
2         (2) assigned supervision for a violation of Section
3     16A-3 of the Criminal Code of 1961.
4     The court shall consider the statement of the prosecuting
5 authority with regard to the standards set forth in this
6 Section.
7     (f) The provisions of paragraph (c) shall not apply to a
8 defendant charged with violating Sections 15-111, 15-112,
9 15-301, paragraph (b) of Section 6-104, Section 11-605, or
10 Section 11-1414 of the Illinois Vehicle Code or a similar
11 provision of a local ordinance.
12     (g) Except as otherwise provided in paragraph (i) of this
13 Section, the provisions of paragraph (c) shall not apply to a
14 defendant charged with violating Section 3-707, 3-708, 3-710,
15 or 5-401.3 of the Illinois Vehicle Code or a similar provision
16 of a local ordinance if the defendant has within the last 5
17 years been:
18         (1) convicted for a violation of Section 3-707, 3-708,
19     3-710, or 5-401.3 of the Illinois Vehicle Code or a similar
20     provision of a local ordinance; or
21         (2) assigned supervision for a violation of Section
22     3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
23     Code or a similar provision of a local ordinance.
24     The court shall consider the statement of the prosecuting
25 authority with regard to the standards set forth in this
26 Section.

 

 

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1     (h) The provisions of paragraph (c) shall not apply to a
2 defendant under the age of 21 years charged with violating a
3 serious traffic offense as defined in Section 1-187.001 of the
4 Illinois Vehicle Code:
5         (1) unless the defendant, upon payment of the fines,
6     penalties, and costs provided by law, agrees to attend and
7     successfully complete a traffic safety program approved by
8     the court under standards set by the Conference of Chief
9     Circuit Judges. The accused shall be responsible for
10     payment of any traffic safety program fees. If the accused
11     fails to file a certificate of successful completion on or
12     before the termination date of the supervision order, the
13     supervision shall be summarily revoked and conviction
14     entered. The provisions of Supreme Court Rule 402 relating
15     to pleas of guilty do not apply in cases when a defendant
16     enters a guilty plea under this provision; or
17         (2) if the defendant has previously been sentenced
18     under the provisions of paragraph (c) on or after January
19     1, 1998 for any serious traffic offense as defined in
20     Section 1-187.001 of the Illinois Vehicle Code.
21     (i) The provisions of paragraph (c) shall not apply to a
22 defendant charged with violating Section 3-707 of the Illinois
23 Vehicle Code or a similar provision of a local ordinance if the
24 defendant has been assigned supervision for a violation of
25 Section 3-707 of the Illinois Vehicle Code or a similar
26 provision of a local ordinance.

 

 

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1     (j) The provisions of paragraph (c) shall not apply to a
2 defendant charged with violating Section 6-303 of the Illinois
3 Vehicle Code or a similar provision of a local ordinance when
4 the revocation or suspension was for a violation of Section
5 11-501 or a similar provision of a local ordinance, a violation
6 of Section 11-501.1 or paragraph (b) of Section 11-401 of the
7 Illinois Vehicle Code, or a violation of Section 9-3 of the
8 Criminal Code of 1961 if the defendant has within the last 10
9 years been:
10         (1) convicted for a violation of Section 6-303 of the
11     Illinois Vehicle Code or a similar provision of a local
12     ordinance; or
13         (2) assigned supervision for a violation of Section
14     6-303 of the Illinois Vehicle Code or a similar provision
15     of a local ordinance.
16     (k) The provisions of paragraph (c) shall not apply to a
17 defendant charged with violating any provision of the Illinois
18 Vehicle Code or a similar provision of a local ordinance that
19 governs the movement of vehicles if, within the 12 months
20 preceding the date of the defendant's arrest, the defendant has
21 been assigned court supervision on 2 occasions for a violation
22 that governs the movement of vehicles under the Illinois
23 Vehicle Code or a similar provision of a local ordinance.
24     (l) A defendant charged with violating any provision of the
25 Illinois Vehicle Code or a similar provision of a local
26 ordinance who, after a court appearance in the same matter,

 

 

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1 receives a disposition of supervision under subsection (c)
2 shall pay an additional fee of $20, to be collected as provided
3 in Sections 27.5 and 27.6 of the Clerks of Courts Act. In
4 addition to the $20 fee, the person shall also pay a fee of $10
5 $5, which, if not waived by the court, shall be collected as
6 provided in Sections 27.5 and 27.6 of the Clerks of Courts Act.
7 The $20 fee shall be disbursed as provided in Section 16-104c
8 of the Illinois Vehicle Code. If the $10 $5 fee is collected,
9 $5 of the fee shall be deposited into the Illinois Law
10 Enforcement Alarm System Fund in the State treasury, $4.50 of
11 the fee shall be deposited into the Circuit Court Clerk
12 Operation and Administrative Fund created by the Clerk of the
13 Circuit Court, and 50 cents of the fee shall be deposited into
14 the Prisoner Review Board Vehicle and Equipment Fund in the
15 State treasury.
16 (Source: P.A. 93-388, eff. 7-25-03; 93-1014, eff. 1-1-05;
17 94-169, eff. 1-1-06; 94-330, eff. 1-1-06; 94-375, eff. 1-1-06;
18 94-1009, eff. 1-1-07.)
 
19     Section 99. Effective date. This Act takes effect upon
20 becoming law.