Illinois General Assembly - Full Text of SB1635
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Full Text of SB1635  99th General Assembly

SB1635 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1635

 

Introduced 2/20/2015, by Sen. Dale A. Righter

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Counties Code. Provides in a county with a service-intensive probation program, such as pre-trial, DUI court, veteran's court, drug court, mental health court, or domestic violence court, the county may adopt a $25 fee to be paid by a defendant convicted of an offense. Amends the Unified Code of Corrections. Notwithstanding any other law to the contrary, when the offender is to be sentenced for a non-violent non-probationable offense, the court may sentence the offender to a term of imprisonment in the Department of Corrections or county jail in combination with a consecutive term of service-intensive probation if the court makes certain findings. If the court elects to sentence an offender to a combination sentence, the court must order the defendant to complete any indicated treatment for substance abuse or mental illness in an outpatient, inpatient, residential, or jail-based custodial treatment program, and include a regimen of graduated requirements and rewards and sanctions, including but not limited to: fines, fees, costs, restitution, additional incarceration, individual and group therapy, drug testing, close monitoring by the court and supervision of progress, educational or vocational counseling as appropriate, and other requirements necessary to fulfill the sentence. Provides that the court may structure its sentence without regard to mandatory minimum imprisonment requirements if the combination of imprisonment and the term of probation equals or exceeds the minimum sentence for the offense.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing Section
55-1101 as follows:
 
6    (55 ILCS 5/5-1101)  (from Ch. 34, par. 5-1101)
7    Sec. 5-1101. Additional fees to finance court system. A
8county board may enact by ordinance or resolution the following
9fees:
10    (a) A $5 fee to be paid by the defendant on a judgment of
11guilty or a grant of supervision for violation of the Illinois
12Vehicle Code other than Section 11-501 or violations of similar
13provisions contained in county or municipal ordinances
14committed in the county, and up to a $30 fee to be paid by the
15defendant on a judgment of guilty or a grant of supervision for
16violation of Section 11-501 of the Illinois Vehicle Code or a
17violation of a similar provision contained in county or
18municipal ordinances committed in the county.
19    (b) In the case of a county having a population of
201,000,000 or less, a $5 fee to be collected in all civil cases
21by the clerk of the circuit court.
22    (c) A fee to be paid by the defendant on a judgment of
23guilty or a grant of supervision, as follows:

 

 

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1        (1) for a felony, $50;
2        (2) for a class A misdemeanor, $25;
3        (3) for a class B or class C misdemeanor, $15;
4        (4) for a petty offense, $10;
5        (5) for a business offense, $10.
6    (d) A $100 fee for the second and subsequent violations of
7Section 11-501 of the Illinois Vehicle Code or violations of
8similar provisions contained in county or municipal ordinances
9committed in the county. The proceeds of this fee shall be
10placed in the county general fund and used to finance education
11programs related to driving under the influence of alcohol or
12drugs.
13    (d-5) A $10 fee to be paid by the defendant on a judgment
14of guilty or a grant of supervision under Section 5-9-1 of the
15Unified Code of Corrections to be placed in the county general
16fund and used to finance the county mental health court, the
17county drug court, the Veterans and Servicemembers Court, or
18any or all of the above.
19    (e) In each county in which a teen court, peer court, peer
20jury, youth court, or other youth diversion program has been
21created, a county may adopt a mandatory fee of up to $5 to be
22assessed as provided in this subsection. Assessments collected
23by the clerk of the circuit court pursuant to this subsection
24must be deposited into an account specifically for the
25operation and administration of a teen court, peer court, peer
26jury, youth court, or other youth diversion program. The clerk

 

 

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1of the circuit court shall collect the fees established in this
2subsection and must remit the fees to the teen court, peer
3court, peer jury, youth court, or other youth diversion program
4monthly, less 5%, which is to be retained as fee income to the
5office of the clerk of the circuit court. The fees are to be
6paid as follows:
7        (1) a fee of up to $5 paid by the defendant on a
8    judgment of guilty or grant of supervision for violation of
9    the Illinois Vehicle Code or violations of similar
10    provisions contained in county or municipal ordinances
11    committed in the county;
12        (2) a fee of up to $5 paid by the defendant on a
13    judgment of guilty or grant of supervision under Section
14    5-9-1 of the Unified Code of Corrections for a felony; for
15    a Class A, Class B, or Class C misdemeanor; for a petty
16    offense; and for a business offense.
17    (f) In each county in which a drug court has been created,
18the county may adopt a mandatory fee of up to $5 to be assessed
19as provided in this subsection. Assessments collected by the
20clerk of the circuit court pursuant to this subsection must be
21deposited into an account specifically for the operation and
22administration of the drug court. The clerk of the circuit
23court shall collect the fees established in this subsection and
24must remit the fees to the drug court, less 5%, which is to be
25retained as fee income to the office of the clerk of the
26circuit court. The fees are to be paid as follows:

 

 

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1        (1) a fee of up to $5 paid by the defendant on a
2    judgment of guilty or grant of supervision for a violation
3    of the Illinois Vehicle Code or a violation of a similar
4    provision contained in a county or municipal ordinance
5    committed in the county; or
6        (2) a fee of up to $5 paid by the defendant on a
7    judgment of guilty or a grant of supervision under Section
8    5-9-1 of the Unified Code of Corrections for a felony; for
9    a Class A, Class B, or Class C misdemeanor; for a petty
10    offense; and for a business offense.
11     The clerk of the circuit court shall deposit the 5%
12retained under this subsection into the Circuit Court Clerk
13Operation and Administrative Fund to be used to defray the
14costs of collection and disbursement of the drug court fee.
15    (f-2) In each county in which a service-intensive probation
16program has been created, such as pre-trial, DUI court,
17veteran's court, drug court, mental health court, or domestic
18violence court, the county may adopt a mandatory fee of $25 to
19be paid by a defendant on a judgment of guilty or grant of
20supervision under Section 5-9-1 of the Unified Code of
21Corrections for a felony, misdemeanor, petty offense, or
22business offense. The circuit clerk of the court shall remit
23monthly fees collected under this subsection (f-2) to the
24county treasurer in a special fund designated for the operation
25and administration of service-intensive probation programs. No
26expenditures shall be made from that fund except as approved by

 

 

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1the county probation department.
2    (f-5) In each county in which a Children's Advocacy Center
3provides services, the county board may adopt a mandatory fee
4of between $5 and $30 to be paid by the defendant on a judgment
5of guilty or a grant of supervision under Section 5-9-1 of the
6Unified Code of Corrections for a felony; for a Class A, Class
7B, or Class C misdemeanor; for a petty offense; and for a
8business offense. Assessments shall be collected by the clerk
9of the circuit court and must be deposited into an account
10specifically for the operation and administration of the
11Children's Advocacy Center. The clerk of the circuit court
12shall collect the fees as provided in this subsection, and must
13remit the fees to the Children's Advocacy Center.
14    (f-10) In each county in which the Court Appointed Special
15Advocates provide services, the county board may, in addition
16to any fine imposed under Section 5-9-1 of the Unified Code of
17Corrections, adopt a mandatory fee of between $10 and $30 to be
18paid by the defendant on a judgment of guilty or a grant of
19supervision for a felony; for a Class A, Class B, or Class C
20misdemeanor; for a petty offense; and for a business offense;
21where a court appearance is required. Assessments shall be
22collected by the clerk of the circuit court and must be
23deposited into an account specifically for the operations of
24the Court Appointed Special Advocates. The clerk of the circuit
25court shall collect the fees as provided in this subsection and
26must remit the fees to the Court Appointed Special Advocates

 

 

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1Fund that the county board shall create for the receipt of
2funds collected under this subsection, and from which the
3county board shall make grants to support the activities and
4services of the Court Appointed Special Advocates within that
5county. The term "Court Appointed Special Advocates" is
6copyrighted and is used with permission of the holder of the
7copyright.
8    (g) The proceeds of all fees enacted under this Section
9must, except as provided in subsections (d), (d-5), (e), (f),
10and (f-10) be placed in the county general fund and used to
11finance the court system in the county, unless the fee is
12subject to disbursement by the circuit clerk as provided under
13Section 27.5 of the Clerks of Courts Act.
14(Source: P.A. 98-331, eff. 8-13-13.)
 
15    Section 10. The Unified Code of Corrections is amended by
16changing Sections 5-4.5-15 and 5-6-1 as follows:
 
17    (730 ILCS 5/5-4.5-15)
18    Sec. 5-4.5-15. DISPOSITIONS.
19    (a) APPROPRIATE DISPOSITIONS. The following are
20appropriate dispositions, alone or in combination, for all
21felonies and misdemeanors other than as provided in Section
225-5-3 (730 ILCS 5/5-5-3) or as specifically provided in the
23statute defining the offense or elsewhere:
24        (1) A period of probation.

 

 

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1        (2) A term of periodic imprisonment.
2        (3) A term of conditional discharge.
3        (4) A term of imprisonment.
4        (5) A fine.
5        (6) Restitution to the victim.
6        (7) Participation in an impact incarceration program.
7        (8) A term of imprisonment in combination with a term
8    of probation under subsection (d) of this Section or
9    paragraph (3) of subsection (a) of Section 5-6-1 of this
10    Code when the offender has been admitted into a drug court
11    program.
12        (9) If the defendant is convicted of arson, aggravated
13    arson, residential arson, or place of worship arson, an
14    order directing the offender to reimburse the local
15    emergency response department for the costs of responding
16    to the fire that the offender was convicted of setting in
17    accordance with the Emergency Services Response
18    Reimbursement for Criminal Convictions Act.
19    (b) FINE; RESTITUTION; NOT SOLE DISPOSITION. Neither a fine
20nor restitution shall be the sole disposition for a felony, and
21either or both may be imposed only in conjunction with another
22disposition.
23    (c) PAROLE; MANDATORY SUPERVISED RELEASE. Except when a
24term of natural life is imposed, every sentence includes a term
25in addition to the term of imprisonment. For those sentenced
26under the law in effect before February 1, 1978, that term is a

 

 

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1parole term. For those sentenced on or after February 1, 1978,
2that term is a mandatory supervised release term.
3    (d) COMBINATION SENTENCE. Notwithstanding any other law to
4the contrary, in cases in which the defendant is to be
5sentenced for a non-probationable offense based upon
6sentencing statutes or the defendant's conviction history, the
7court may sentence the defendant to a term of imprisonment in
8the Department of Corrections or county jail in combination
9with a consecutive term of service-intensive probation if the
10court makes the following findings at the time of sentencing:
11        (1) the defendant suffers or has suffered from an
12    addiction or a mental illness that has contributed to past
13    or current criminal behavior;
14        (2) a combination sentence is necessary for the
15    protection of the public and for the rehabilitation of the
16    defendant; and
17        (3) the court finds each of the following eligibility
18    requirements apply:
19            (A) the offense is not a crime of violence;
20            (B) the offense is a non-probationable Class 1, 2,
21        3, or 4 felony including those to which the defendant
22        is subject to Class X sentencing under subsection (b)
23        of Section 5-4.5-95 of this Code or a drug offense
24        regardless of felony classification including
25        drug-induced homicide;
26            (C) the defendant admits his or her use of or

 

 

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1        addiction to drugs or alcohol and a need for treatment
2        is supported by a substance abuse evaluation, or the
3        defendant suffers from a mental illness based upon a
4        mental health assessment;
5            (D) the defendant demonstrates a willingness to
6        participate in a treatment program; and
7            (E) the defendant has not been convicted of a crime
8        of violence within the past 10 years excluding time
9        spent in incarceration.
10    If drug court or mental health court is available in the
11jurisdiction, a defendant may be sentenced to a combination
12sentence under this subsection (d) only upon the agreement of
13the State's Attorney and the defendant and the court. In
14sentencing the defendant on a combination sentence, the court:
15        (1) must require the defendant to execute a written
16    agreement as to his or her agreement to all of the terms
17    and conditions of the sentence, including but not limited
18    to the possibility of sanctions or incarceration for
19    failing to abide or comply with the terms of the sentence;
20        (2) must, in addition to any conditions authorized
21    under the Pretrial Services Act and Section 5-6-3 of the
22    Unified Code of Corrections, order the defendant to
23    complete any indicated treatment for substance abuse or
24    mental illness in an outpatient, inpatient, residential,
25    or jail-based custodial treatment program. Any period of
26    time a defendant shall serve in a jail-based treatment

 

 

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1    program may not be reduced by the accumulation of good time
2    or other credits;
3        (3) must include a regimen of graduated requirements
4    and rewards and sanctions, including but not limited to:
5    fines, fees, costs, restitution, additional incarceration,
6    individual and group therapy, drug testing, close
7    monitoring by the court at a minimum of once every 30 days
8    and supervision of progress, educational or vocational
9    counseling as appropriate, and other requirements
10    necessary to fulfill the sentence; and
11        (4) may impose as a term of service-intensive probation
12    any condition reasonably related to treatment,
13    rehabilitation, and community protection, including, but
14    not be limited to, requiring the defendant to serve
15    additional time in custody for probation violations if the
16    total time served by the defendant does not exceed the
17    maximum term of imprisonment for the sentencing offense.
18    If drug court or mental health court is not available in
19the jurisdiction, the court may consider any objection from the
20State's Attorney to sentencing the defendant under this
21subsection (d). If the court elects to sentence a defendant to
22a combination sentence under this subsection, the court:
23        (1) must require the defendant to execute a written
24    agreement as to his or her agreement to all of the terms
25    and conditions of the sentence, including but not limited
26    to the possibility of sanctions or incarceration for

 

 

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1    failing to abide or comply with the terms of the sentence;
2        (2) must, in addition to any conditions authorized
3    under the Pretrial Services Act and Section 5-6-3 of the
4    Unified Code of Corrections, order the defendant to
5    complete any indicated treatment for substance abuse or
6    mental illness in an outpatient, inpatient, residential,
7    or jail-based custodial treatment program. Any period of
8    time a defendant shall serve in a jail-based treatment
9    program may not be reduced by the accumulation of good time
10    or other credits;
11        (3) if available in the jurisdiction, must include a
12    regimen of graduated requirements and rewards and
13    sanctions, including but not limited to: fines, fees,
14    costs, restitution, additional incarceration, individual
15    and group therapy, drug testing, close monitoring by the
16    court at a minimum of once every 30 days and supervision of
17    progress, educational or vocational counseling as
18    appropriate, and other requirements necessary to fulfill
19    the sentence; and
20        (4) may impose as a term of service-intensive probation
21    any condition reasonably related to treatment,
22    rehabilitation, and community protection, including, but
23    not be limited to, requiring the defendant to serve
24    additional time in custody for probation violations if the
25    total time served by the defendant does not exceed the
26    maximum term of imprisonment for the sentencing offense.

 

 

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1    The court may structure the combination sentence without
2regard to any mandatory minimum imprisonment requirements if
3the combination of imprisonment and the term of probation
4imposed equals or exceeds the mandatory minimum sentence for
5the offense.
6    The court shall inform the defendant that if the defendant
7fails to meet or violates any condition of the sentence the
8sentence may be revoked and the defendant shall be re-sentenced
9as provided in this Code for the offense charged.
10    If the defendant is sentenced to a term of incarceration in
11the Department of Corrections under the combination sentence,
12then upon his or her release the period of service-intensive
13probation shall run concurrently with the period of mandatory
14supervised release; however, any condition of the
15service-intensive probation which is the same or similar to a
16condition of mandatory supervised release shall supersede the
17condition under mandatory supervised release, and satisfactory
18completion of any condition of the service-intensive probation
19which is the same or similar to a condition of mandatory
20supervised release shall satisfy that condition under
21mandatory supervised release.
22    In this Section, "crime of violence" means first degree
23murder, second degree murder, armed violence, predatory
24criminal sexual assault of a child, aggravated criminal sexual
25assault, criminal sexual assault, armed robbery, home
26invasion, aggravated arson, arson, aggravated kidnaping,

 

 

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1kidnapping, aggravated battery resulting in great bodily harm
2or permanent disability, stalking, aggravated stalking, or any
3offense involving the discharge of a firearm.
4(Source: P.A. 95-1052, eff. 7-1-09; incorporates P.A. 96-400,
5eff. 8-13-09; 96-1000, eff. 7-2-10.)
 
6    (730 ILCS 5/5-6-1)  (from Ch. 38, par. 1005-6-1)
7    Sec. 5-6-1. Sentences of Probation and of Conditional
8Discharge and Disposition of Supervision. The General Assembly
9finds that in order to protect the public, the criminal justice
10system must compel compliance with the conditions of probation
11by responding to violations with swift, certain and fair
12punishments and intermediate sanctions. The Chief Judge of each
13circuit shall adopt a system of structured, intermediate
14sanctions for violations of the terms and conditions of a
15sentence of probation, conditional discharge or disposition of
16supervision.
17    (a) Except where specifically prohibited by other
18provisions of this Code, the court shall impose a sentence of
19probation or conditional discharge upon an offender unless,
20having regard to the nature and circumstance of the offense,
21and to the history, character and condition of the offender,
22the court is of the opinion that:
23        (1) his imprisonment or periodic imprisonment is
24    necessary for the protection of the public; or
25        (2) probation or conditional discharge would deprecate

 

 

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1    the seriousness of the offender's conduct and would be
2    inconsistent with the ends of justice; or
3        (3) a combination of imprisonment with concurrent or
4    consecutive service-intensive probation when the court
5    finds that a combination sentence an offender has been
6    admitted into a drug court program under Section 20 of the
7    Drug Court Treatment Act is necessary for the protection of
8    the public and for the rehabilitation of the offender.
9    The court shall impose as a condition of a sentence of
10probation, conditional discharge, or supervision, that the
11probation agency may invoke any sanction from the list of
12intermediate sanctions adopted by the chief judge of the
13circuit court for violations of the terms and conditions of the
14sentence of probation, conditional discharge, or supervision,
15subject to the provisions of Section 5-6-4 of this Act.
16    (b) The court may impose a sentence of conditional
17discharge for an offense if the court is of the opinion that
18neither a sentence of imprisonment nor of periodic imprisonment
19nor of probation supervision is appropriate.
20    (b-1) Subsections (a) and (b) of this Section do not apply
21to a defendant charged with a misdemeanor or felony under the
22Illinois Vehicle Code or reckless homicide under Section 9-3 of
23the Criminal Code of 1961 or the Criminal Code of 2012 if the
24defendant within the past 12 months has been convicted of or
25pleaded guilty to a misdemeanor or felony under the Illinois
26Vehicle Code or reckless homicide under Section 9-3 of the

 

 

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1Criminal Code of 1961 or the Criminal Code of 2012.
2    (c) The court may, upon a plea of guilty or a stipulation
3by the defendant of the facts supporting the charge or a
4finding of guilt, defer further proceedings and the imposition
5of a sentence, and enter an order for supervision of the
6defendant, if the defendant is not charged with: (i) a Class A
7misdemeanor, as defined by the following provisions of the
8Criminal Code of 1961 or the Criminal Code of 2012: Sections
911-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6;
1031-7; paragraphs (2) and (3) of subsection (a) of Section 21-1;
11paragraph (1) through (5), (8), (10), and (11) of subsection
12(a) of Section 24-1; (ii) a Class A misdemeanor violation of
13Section 3.01, 3.03-1, or 4.01 of the Humane Care for Animals
14Act; or (iii) a felony. If the defendant is not barred from
15receiving an order for supervision as provided in this
16subsection, the court may enter an order for supervision after
17considering the circumstances of the offense, and the history,
18character and condition of the offender, if the court is of the
19opinion 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    (c-5) Subsections (a), (b), and (c) of this Section do not
2apply to a defendant charged with a second or subsequent
3violation of Section 6-303 of the Illinois Vehicle Code
4committed while his or her driver's license, permit or
5privileges were revoked because of a violation of Section 9-3
6of the Criminal Code of 1961 or the Criminal Code of 2012,
7relating to the offense of reckless homicide, or a similar
8provision of a law of another state.
9    (d) The provisions of paragraph (c) shall not apply to a
10defendant charged with violating Section 11-501 of the Illinois
11Vehicle Code or a similar provision of a local ordinance when
12the defendant has previously been:
13        (1) convicted for a violation of Section 11-501 of the
14    Illinois Vehicle Code or a similar provision of a local
15    ordinance or any similar law or ordinance of another state;
16    or
17        (2) assigned supervision for a violation of Section
18    11-501 of the Illinois Vehicle Code or a similar provision
19    of a local ordinance or any similar law or ordinance of
20    another state; or
21        (3) pleaded guilty to or stipulated to the facts
22    supporting a charge or a finding of guilty to a violation
23    of Section 11-503 of the Illinois Vehicle Code or a similar
24    provision of a local ordinance or any similar law or
25    ordinance of another state, and the plea or stipulation was
26    the result of a plea agreement.

 

 

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1    The court shall consider the statement of the prosecuting
2authority with regard to the standards set forth in this
3Section.
4    (e) The provisions of paragraph (c) shall not apply to a
5defendant charged with violating Section 16-25 or 16A-3 of the
6Criminal Code of 1961 or the Criminal Code of 2012 if said
7defendant has within the last 5 years been:
8        (1) convicted for a violation of Section 16-25 or 16A-3
9    of the Criminal Code of 1961 or the Criminal Code of 2012;
10    or
11        (2) assigned supervision for a violation of Section
12    16-25 or 16A-3 of the Criminal Code of 1961 or the Criminal
13    Code of 2012.
14    The court shall consider the statement of the prosecuting
15authority with regard to the standards set forth in this
16Section.
17    (f) The provisions of paragraph (c) shall not apply to a
18defendant charged with violating Sections 15-111, 15-112,
1915-301, paragraph (b) of Section 6-104, Section 11-605, Section
2011-1002.5, or Section 11-1414 of the Illinois Vehicle Code or a
21similar provision of a local ordinance.
22    (g) Except as otherwise provided in paragraph (i) of this
23Section, the provisions of paragraph (c) shall not apply to a
24defendant charged with violating Section 3-707, 3-708, 3-710,
25or 5-401.3 of the Illinois Vehicle Code or a similar provision
26of a local ordinance if the defendant has within the last 5

 

 

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1years been:
2        (1) convicted for a violation of Section 3-707, 3-708,
3    3-710, or 5-401.3 of the Illinois Vehicle Code or a similar
4    provision of a local ordinance; or
5        (2) assigned supervision for a violation of Section
6    3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
7    Code or a similar provision of a local ordinance.
8    The court shall consider the statement of the prosecuting
9authority with regard to the standards set forth in this
10Section.
11    (h) The provisions of paragraph (c) shall not apply to a
12defendant under the age of 21 years charged with violating a
13serious traffic offense as defined in Section 1-187.001 of the
14Illinois Vehicle Code:
15        (1) unless the defendant, upon payment of the fines,
16    penalties, and costs provided by law, agrees to attend and
17    successfully complete a traffic safety program approved by
18    the court under standards set by the Conference of Chief
19    Circuit Judges. The accused shall be responsible for
20    payment of any traffic safety program fees. If the accused
21    fails to file a certificate of successful completion on or
22    before the termination date of the supervision order, the
23    supervision shall be summarily revoked and conviction
24    entered. The provisions of Supreme Court Rule 402 relating
25    to pleas of guilty do not apply in cases when a defendant
26    enters a guilty plea under this provision; or

 

 

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1        (2) if the defendant has previously been sentenced
2    under the provisions of paragraph (c) on or after January
3    1, 1998 for any serious traffic offense as defined in
4    Section 1-187.001 of the Illinois Vehicle Code.
5    (h-1) The provisions of paragraph (c) shall not apply to a
6defendant under the age of 21 years charged with an offense
7against traffic regulations governing the movement of vehicles
8or any violation of Section 6-107 or Section 12-603.1 of the
9Illinois Vehicle Code, unless the defendant, upon payment of
10the fines, penalties, and costs provided by law, agrees to
11attend and successfully complete a traffic safety program
12approved by the court under standards set by the Conference of
13Chief Circuit Judges. The accused shall be responsible for
14payment of any traffic safety program fees. If the accused
15fails to file a certificate of successful completion on or
16before the termination date of the supervision order, the
17supervision shall be summarily revoked and conviction entered.
18The provisions of Supreme Court Rule 402 relating to pleas of
19guilty do not apply in cases when a defendant enters a guilty
20plea under this provision.
21    (i) The provisions of paragraph (c) shall not apply to a
22defendant charged with violating Section 3-707 of the Illinois
23Vehicle Code or a similar provision of a local ordinance if the
24defendant has been assigned supervision for a violation of
25Section 3-707 of the Illinois Vehicle Code or a similar
26provision of a local ordinance.

 

 

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1    (j) The provisions of paragraph (c) shall not apply to a
2defendant charged with violating Section 6-303 of the Illinois
3Vehicle Code or a similar provision of a local ordinance when
4the revocation or suspension was for a violation of Section
511-501 or a similar provision of a local ordinance or a
6violation of Section 11-501.1 or paragraph (b) of Section
711-401 of the Illinois Vehicle Code if the defendant has within
8the last 10 years been:
9        (1) convicted for a violation of Section 6-303 of the
10    Illinois Vehicle Code or a similar provision of a local
11    ordinance; or
12        (2) assigned supervision for a violation of Section
13    6-303 of the Illinois Vehicle Code or a similar provision
14    of a local ordinance.
15    (k) The provisions of paragraph (c) shall not apply to a
16defendant charged with violating any provision of the Illinois
17Vehicle Code or a similar provision of a local ordinance that
18governs the movement of vehicles if, within the 12 months
19preceding the date of the defendant's arrest, the defendant has
20been assigned court supervision on 2 occasions for a violation
21that governs the movement of vehicles under the Illinois
22Vehicle Code or a similar provision of a local ordinance. The
23provisions of this paragraph (k) do not apply to a defendant
24charged with violating Section 11-501 of the Illinois Vehicle
25Code or a similar provision of a local ordinance.
26    (l) A defendant charged with violating any provision of the

 

 

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1Illinois Vehicle Code or a similar provision of a local
2ordinance who receives a disposition of supervision under
3subsection (c) shall pay an additional fee of $29, to be
4collected as provided in Sections 27.5 and 27.6 of the Clerks
5of Courts Act. In addition to the $29 fee, the person shall
6also pay a fee of $6, which, if not waived by the court, shall
7be collected as provided in Sections 27.5 and 27.6 of the
8Clerks of Courts Act. The $29 fee shall be disbursed as
9provided in Section 16-104c of the Illinois Vehicle Code. If
10the $6 fee is collected, $5.50 of the fee shall be deposited
11into the Circuit Court Clerk Operation and Administrative Fund
12created by the Clerk of the Circuit Court and 50 cents of the
13fee shall be deposited into the Prisoner Review Board Vehicle
14and Equipment Fund in the State treasury.
15    (m) Any person convicted of, pleading guilty to, or placed
16on supervision for a serious traffic violation, as defined in
17Section 1-187.001 of the Illinois Vehicle Code, a violation of
18Section 11-501 of the Illinois Vehicle Code, or a violation of
19a similar provision of a local ordinance shall pay an
20additional fee of $35, to be disbursed as provided in Section
2116-104d of that Code.
22    This subsection (m) becomes inoperative on January 1, 2020.
23    (n) The provisions of paragraph (c) shall not apply to any
24person under the age of 18 who commits an offense against
25traffic regulations governing the movement of vehicles or any
26violation of Section 6-107 or Section 12-603.1 of the Illinois

 

 

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1Vehicle Code, except upon personal appearance of the defendant
2in court and upon the written consent of the defendant's parent
3or legal guardian, executed before the presiding judge. The
4presiding judge shall have the authority to waive this
5requirement upon the showing of good cause by the defendant.
6    (o) The provisions of paragraph (c) shall not apply to a
7defendant charged with violating Section 6-303 of the Illinois
8Vehicle Code or a similar provision of a local ordinance when
9the suspension was for a violation of Section 11-501.1 of the
10Illinois Vehicle Code and when:
11        (1) at the time of the violation of Section 11-501.1 of
12    the Illinois Vehicle Code, the defendant was a first
13    offender pursuant to Section 11-500 of the Illinois Vehicle
14    Code and the defendant failed to obtain a monitoring device
15    driving permit; or
16        (2) at the time of the violation of Section 11-501.1 of
17    the Illinois Vehicle Code, the defendant was a first
18    offender pursuant to Section 11-500 of the Illinois Vehicle
19    Code, had subsequently obtained a monitoring device
20    driving permit, but was driving a vehicle not equipped with
21    a breath alcohol ignition interlock device as defined in
22    Section 1-129.1 of the Illinois Vehicle Code.
23    (p) The provisions of paragraph (c) shall not apply to a
24defendant charged with violating Section 11-601.5 of the
25Illinois Vehicle Code or a similar provision of a local
26ordinance.

 

 

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1    (q) The provisions of paragraph (c) shall not apply to a
2defendant charged with violating subsection (b) of Section
311-601 of the Illinois Vehicle Code when the defendant was
4operating a vehicle, in an urban district, at a speed in excess
5of 25 miles per hour over the posted speed limit.
6    (r) The provisions of paragraph (c) shall not apply to a
7defendant charged with violating any provision of the Illinois
8Vehicle Code or a similar provision of a local ordinance if the
9violation was the proximate cause of the death of another and
10the defendant's driving abstract contains a prior conviction or
11disposition of court supervision for any violation of the
12Illinois Vehicle Code, other than an equipment violation, or a
13suspension, revocation, or cancellation of the driver's
14license.
15    (s) The provisions of paragraph (c) shall not apply to a
16defendant charged with violating subsection (i) of Section 70
17of the Firearm Concealed Carry Act.
18(Source: P.A. 97-333, eff. 8-12-11; 97-597, eff. 1-1-12;
1997-831, eff. 7-1-13; 97-1108, eff. 1-1-13; 97-1150, eff.
201-25-13; 98-169, eff. 1-1-14; 98-658, eff. 6-23-14; 98-899,
21eff. 8-15-14; revised 10-1-14.)

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    55 ILCS 5/5-1101from Ch. 34, par. 5-1101
4    730 ILCS 5/5-4.5-15
5    730 ILCS 5/5-6-1from Ch. 38, par. 1005-6-1