Full Text of SB2124 93rd General Assembly
SB2124sam002 93RD GENERAL ASSEMBLY
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Sen. John J. Cullerton
Filed: 3/3/2004
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LRB093 13523 DRH 48514 a |
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| AMENDMENT TO SENATE BILL 2124
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| AMENDMENT NO. ______. Amend Senate Bill 2124, AS AMENDED, | 3 |
| by replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Illinois Vehicle Code is amended by | 6 |
| changing
Section 11-501 as follows:
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| (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
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| Sec. 11-501. Driving while under the influence of alcohol, | 9 |
| other drug or
drugs, intoxicating compound or compounds or any | 10 |
| combination thereof.
| 11 |
| (a) A person shall not drive or be in actual
physical | 12 |
| control of any vehicle within this State while:
| 13 |
| (1) the alcohol concentration in the person's blood or | 14 |
| breath is 0.08
or more based on the definition of blood and | 15 |
| breath units in Section 11-501.2;
| 16 |
| (2) under the influence of alcohol;
| 17 |
| (3) under the influence of any intoxicating compound or | 18 |
| combination of
intoxicating compounds to a degree that | 19 |
| renders the person incapable of
driving safely;
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| (4) under the influence of any other drug or | 21 |
| combination of drugs to a
degree that renders the person | 22 |
| incapable of safely driving;
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| (5) under the combined influence of alcohol, other drug | 24 |
| or drugs, or
intoxicating compound or compounds to a degree |
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| that renders the person
incapable of safely driving; or
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| (6) there is any amount of a drug, substance, or | 3 |
| compound in the
person's breath, blood, or urine resulting | 4 |
| from the unlawful use or consumption
of cannabis listed in | 5 |
| the Cannabis Control Act, a controlled substance listed
in | 6 |
| the Illinois Controlled Substances Act, or an intoxicating | 7 |
| compound listed
in the Use of Intoxicating Compounds Act.
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| (b) The fact that any person charged with violating this | 9 |
| Section is or
has been legally entitled to use alcohol, other | 10 |
| drug or drugs, or
intoxicating compound or compounds, or any
| 11 |
| combination thereof, shall not constitute a defense against any | 12 |
| charge of
violating this Section.
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| (b-1) With regard to penalties imposed under this Section:
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| (1) Any reference to a prior violation of subsection | 15 |
| (a) or a similar
provision includes any violation of a | 16 |
| provision of a local ordinance or a
provision of a law of | 17 |
| another state that is similar to a violation of
subsection | 18 |
| (a) of this Section.
| 19 |
| (2) Any penalty imposed for driving with a license that | 20 |
| has been revoked
for a previous violation of subsection (a) | 21 |
| of this Section shall be in
addition to the penalty imposed | 22 |
| for any subsequent violation of subsection (a).
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| (b-2) Except as otherwise provided in this Section, any | 24 |
| person convicted of
violating subsection (a) of this Section is | 25 |
| guilty of a Class A misdemeanor.
| 26 |
| (b-3) In addition to any other criminal or administrative | 27 |
| sanction for any
second conviction of violating subsection (a) | 28 |
| or a similar provision committed
within 5 years of a previous | 29 |
| violation of subsection (a) or a similar
provision, the | 30 |
| defendant shall be sentenced to a mandatory minimum of 5 days | 31 |
| of
imprisonment or assigned a mandatory minimum of 240 hours of | 32 |
| community service
as may be determined by the court.
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| (b-4) In the case of a third or subsequent violation | 34 |
| committed within 5
years of a previous violation of subsection |
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| (a) or a similar provision, in
addition to any other criminal | 2 |
| or administrative sanction, a mandatory minimum
term of either | 3 |
| 10 days of imprisonment or 480 hours of community service shall
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| be imposed.
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| (b-5) The imprisonment or assignment of community service | 6 |
| under subsections
(b-3) and (b-4) shall not be subject to | 7 |
| suspension, nor shall the person be
eligible for a reduced | 8 |
| sentence.
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| (c) (Blank).
Except as provided under paragraphs (c-3), | 10 |
| (c-4), and (d)
of this Section,
every person convicted of | 11 |
| violating this Section or a similar provision of a
local | 12 |
| ordinance, shall be guilty of a Class A misdemeanor and, in | 13 |
| addition to
any other criminal or administrative action, for | 14 |
| any second conviction of
violating this Section or a similar | 15 |
| provision of a law of another state or
local ordinance | 16 |
| committed within 5 years of a previous violation of this
| 17 |
| Section or a similar provision of a local ordinance shall be | 18 |
| mandatorily
sentenced to a minimum of 5 days of imprisonment or | 19 |
| assigned to a
minimum of 30 days of community service as may be | 20 |
| determined by the court.
Every person convicted of violating | 21 |
| this Section or a similar provision of a
local ordinance shall | 22 |
| be subject to an additional mandatory minimum fine of
$500 and | 23 |
| an additional
mandatory 5 days of community service in a | 24 |
| program benefiting children if the
person committed a violation | 25 |
| of paragraph (a) or a similar provision of a local
ordinance | 26 |
| while transporting a person under age 16. Every person
| 27 |
| convicted a second time for violating this Section or a similar | 28 |
| provision of a
local ordinance within 5 years of a previous | 29 |
| violation of this Section or a
similar provision of a law of | 30 |
| another state or local ordinance shall be subject
to an | 31 |
| additional mandatory minimum
fine of $500 and an additional 10 | 32 |
| days of mandatory community service in a
program benefiting
| 33 |
| children if the current offense was committed while | 34 |
| transporting a person
under age 16. The imprisonment or |
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| assignment under this subsection
shall not be subject to | 2 |
| suspension nor shall the person be eligible for
probation in | 3 |
| order to reduce the sentence or assignment.
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| (c-1) (1) A person who violates subsection (a)
this Section
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| during
a period in which his
or her driving privileges are | 6 |
| revoked or suspended, where the revocation or
suspension | 7 |
| was for a violation of subsection (a)
this Section , Section
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| 11-501.1, paragraph (b)
of Section 11-401, or for reckless | 9 |
| homicide as defined in Section 9-3 of
the Criminal Code of | 10 |
| 1961 is guilty of a
Class 4 felony.
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| (2) A person who violates subsection (a)
this Section a | 12 |
| third
time , if the third violation occurs during a period | 13 |
| in
which his or her driving privileges are revoked or | 14 |
| suspended where the
revocation
or suspension was for a | 15 |
| violation of subsection (a)
this Section ,
Section | 16 |
| 11-501.1, paragraph
(b) of Section 11-401, or for reckless | 17 |
| homicide as defined in Section 9-3
of the Criminal Code of | 18 |
| 1961 , is guilty of
a Class 3 felony.
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| (2.1) A person who violates subsection (a) a third | 20 |
| time, if the third
violation occurs during a period in | 21 |
| which his or her driving privileges are
revoked or | 22 |
| suspended where the revocation or suspension was for a | 23 |
| violation of
subsection (a), Section 11-501.1, subsection | 24 |
| (b) of Section 11-401, or for
reckless homicide as defined | 25 |
| in Section
9-3 of the Criminal Code of 1961, is guilty of a | 26 |
| Class 3 felony; and if the
person receives a term of
| 27 |
| probation or conditional discharge, he or she shall be | 28 |
| required to serve a
mandatory
minimum of 10 days of | 29 |
| imprisonment or shall be assigned a mandatory minimum of
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| 480 hours of community service, as may be determined by the | 31 |
| court, as a
condition of the probation or conditional | 32 |
| discharge. This mandatory minimum
term of imprisonment or | 33 |
| assignment of community service shall not be suspended
or | 34 |
| reduced by the court.
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| (2.2) A person who violates subsection (a), if the
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| violation occurs during a period in which his or her | 3 |
| driving privileges are
revoked or suspended where the | 4 |
| revocation or suspension was for a violation of
subsection | 5 |
| (a) or Section 11-501.1, shall also be sentenced to an | 6 |
| additional
mandatory minimum term of 30 consecutive days of | 7 |
| imprisonment, 40 days of
24-hour periodic imprisonment, or | 8 |
| 720 hours of community service, as may be
determined by the | 9 |
| court. This mandatory term of imprisonment or assignment of
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| community service shall not be suspended or reduced by the | 11 |
| court.
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| (3) A person who violates subsection (a)
this Section a | 13 |
| fourth or
subsequent time , if the fourth or subsequent | 14 |
| violation occurs
during a period in which his
or her | 15 |
| driving privileges are revoked or suspended where the | 16 |
| revocation
or suspension was for a violation of subsection | 17 |
| (a)
this Section ,
Section 11-501.1, paragraph
(b) of | 18 |
| Section 11-401, or for reckless homicide as defined in
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| Section 9-3
of
the Criminal Code of 1961 , is guilty of
a | 20 |
| Class 2 felony and is not eligible for a sentence of | 21 |
| probation or
conditional discharge .
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| (c-2) (Blank).
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| (c-3) (Blank).
Every person convicted of violating this | 24 |
| Section or a
similar
provision of a local ordinance who had a | 25 |
| child under age 16 in the vehicle at
the time of the offense | 26 |
| shall have his or her punishment under this Act
enhanced by 2 | 27 |
| days of imprisonment for a first offense, 10 days of | 28 |
| imprisonment
for a second offense, 30 days of imprisonment for | 29 |
| a third offense, and 90 days
of imprisonment for a fourth or | 30 |
| subsequent offense, in addition to the fine and
community | 31 |
| service required under subsection (c) and the possible | 32 |
| imprisonment
required under subsection (d). The imprisonment | 33 |
| or assignment under this
subsection shall not be subject to | 34 |
| suspension nor shall the person be eligible
for probation in |
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| order to reduce the sentence or assignment.
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| (c-4) (Blank).
When a person is convicted of violating | 3 |
| Section 11-501
of this
Code or a similar provision of a local | 4 |
| ordinance, the following penalties apply
when his or her blood, | 5 |
| breath, or urine was
.16 or more based on the definition of | 6 |
| blood, breath, or urine units in Section
11-501.2 or when that | 7 |
| person is convicted of violating this Section while
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| transporting a child under the age of 16:
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| (1) A person who is convicted of violating subsection | 10 |
| (a) of Section
11-501 of this
Code a
first time, in | 11 |
| addition to any other penalty that may be imposed under
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| subsection (c), is subject to
a mandatory minimum of
100 | 13 |
| hours
of community service
and
a minimum fine of $500.
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| (2) A person who is convicted of violating subsection | 15 |
| (a) of Section
11-501 of this
Code a
second time within 10 | 16 |
| years, in addition to any other penalty
that may be imposed | 17 |
| under subsection (c), is subject to
a mandatory minimum of | 18 |
| 2 days of imprisonment
and
a minimum fine of $1,250.
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| (3) A person who is convicted of violating subsection | 20 |
| (a) of Section
11-501 of this
Code a third time within 20 | 21 |
| years is guilty of a Class 4 felony and, in
addition to any
| 22 |
| other penalty that may be imposed under subsection (c), is | 23 |
| subject to
a mandatory minimum of 90 days of imprisonment | 24 |
| and
a minimum fine of $2,500.
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| (4) A person who is convicted of violating this | 26 |
| subsection (c-4) a fourth
or subsequent
time is
guilty of a | 27 |
| Class 2 felony and, in addition to any other penalty
that | 28 |
| may be imposed under subsection (c), is not
eligible for a | 29 |
| sentence of probation or conditional
discharge and is
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| subject to a minimum fine of $2,500.
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| (c-5) A person who violates subsection (a), if the person | 32 |
| was transporting
a person under the age of 16 at the time of | 33 |
| the violation, is subject to an
additional mandatory minimum | 34 |
| fine of $1,000, an additional mandatory minimum
140 hours of |
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| community service, which shall include 40 hours of community
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| service in a program benefiting children, and an additional 2 | 3 |
| days of
imprisonment. The imprisonment or assignment of | 4 |
| community service under this
subsection (c-5) is not subject to | 5 |
| suspension, nor is the person eligible for
a reduced sentence.
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| (c-6) Except as provided in subsections (c-7) and (c-8) a | 7 |
| person who
violates
subsection (a) a second time, if at the | 8 |
| time of
the second violation the person was transporting a | 9 |
| person under the age of 16,
is subject to an additional 10 days | 10 |
| of imprisonment, an additional mandatory
minimum fine of | 11 |
| $1,000, and an additional mandatory minimum 140 hours of
| 12 |
| community service, which shall include 40 hours of community | 13 |
| service in a
program benefiting children.
The imprisonment or | 14 |
| assignment of community service under this subsection (c-6)
is | 15 |
| not subject to suspension, nor is the person eligible for a | 16 |
| reduced
sentence.
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| (c-7) Except as provided in subsection (c-8), any person | 18 |
| convicted of
violating subsection (c-6) or a similar
provision | 19 |
| within 10 years of a previous violation of subsection (a) or a
| 20 |
| similar provision shall receive, in addition to any other | 21 |
| penalty imposed, a
mandatory minimum 12 days imprisonment, an | 22 |
| additional 40 hours of mandatory
community service in a program | 23 |
| benefiting children, and a mandatory minimum
fine of $1,750. | 24 |
| The imprisonment or assignment of community service under this
| 25 |
| subsection (c-7) is not subject to suspension, nor is the | 26 |
| person
eligible for a reduced sentence.
| 27 |
| (c-8) any person convicted of violating subsection (c-6) or | 28 |
| a similar
provision within 5 years of a previous violation of | 29 |
| subsection (a) or a similar
provision shall receive, in | 30 |
| addition to any other penalty imposed, an
additional 80 hours | 31 |
| of mandatory community service in a program benefiting
| 32 |
| children, an additional mandatory minimum 12 days of | 33 |
| imprisonment, and a
mandatory minimum fine of $1,750. The | 34 |
| imprisonment or assignment of community
service under this |
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| subsection (c-8) is not subject to suspension, nor
is the
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| person eligible for a reduced sentence.
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| (c-9) Any person convicted a third time for violating | 4 |
| subsection (a) or a
similar provision, if at the time of the | 5 |
| third violation the person was
transporting a person under the | 6 |
| age 16, is guilty of a Class 4 felony and shall
receive, in | 7 |
| addition to any other
penalty imposed, an additional mandatory | 8 |
| fine of $1,000, an additional
mandatory 140 hours of community | 9 |
| service, which shall include 40 hours in a
program benefiting | 10 |
| children, and a mandatory minimum 30 days of imprisonment.
The | 11 |
| imprisonment or assignment of community service under this | 12 |
| subsection (c-9)
is not subject to suspension, nor is the | 13 |
| person eligible for a reduced
sentence.
| 14 |
| (c-10) Any person convicted of violating subsection (c-9) | 15 |
| or a similar
provision a third time within 20 years of a | 16 |
| previous violation of subsection
(a) or a
similar provision is | 17 |
| guilty of a Class 4 felony and shall receive, in addition
to | 18 |
| any other penalty imposed, an additional mandatory 40 hours of | 19 |
| community
service in a program benefiting children, an | 20 |
| additional mandatory fine of
$3000, and a mandatory minimum 120 | 21 |
| days of imprisonment. The imprisonment or
assignment of | 22 |
| community service under this subsection (c-10) is not subject | 23 |
| to
suspension, nor is the person eligible for a reduced | 24 |
| sentence.
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| (c-11) Any person convicted a fourth or subsequent time for | 26 |
| violating
subsection (a) or a similar provision, if at the time | 27 |
| of the fourth or
subsequent violation the person was | 28 |
| transporting a person under the age of 16,
and if the person's | 29 |
| 3 prior violations of subsection (a) or similar provision
| 30 |
| occurred while transporting a person under the age of 16 or | 31 |
| while the alcohol
concentration in his or her blood, breath, or | 32 |
| urine was 0.16 or more based
on the definition of blood, | 33 |
| breath, or urine units in Section 11-501.2, is
guilty of a | 34 |
| Class 2 felony, is not eligible for probation or conditional
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| discharge, and is subject to a minimum fine of $3,000.
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| (c-12) Any person convicted of a first violation of | 3 |
| subsection (a) or a
similar provision, if the alcohol | 4 |
| concentration in his or her blood, breath, or
urine was 0.16 or | 5 |
| more based on the definition of blood, breath, or urine
units | 6 |
| in Section 11-501.2, shall be subject, in addition to any other | 7 |
| penalty
that may be imposed, to a mandatory minimum of 100 | 8 |
| hours of community service
and a mandatory minimum fine of | 9 |
| $500.
| 10 |
| (c-13) Any person convicted of a second violation of | 11 |
| subsection (a) or a similar provision committed within 10 years | 12 |
| of a previous violation of subsection (a) or a similar | 13 |
| provision committed within 10 years of a previous violation of | 14 |
| subsection (a) or a similar provision, if at the time of the | 15 |
| second violation of subsection (a) the
alcohol concentration in | 16 |
| his or her blood, breath, or urine was 0.16 or more
based on | 17 |
| the definition of blood, breath, or urine units in Section | 18 |
| 11-501.2,
shall be
subject, in addition to any other penalty | 19 |
| that may be imposed, to a mandatory
minimum of 2 days of | 20 |
| imprisonment and a mandatory minimum fine of $1,250.
| 21 |
| (c-14) Any person convicted of a third violation of | 22 |
| subsection (a) or a
similar provision within 20 years of a | 23 |
| previous violation of subsection (a) or
a
similar provision, if | 24 |
| at the time of the third violation of subsection (a) or a
| 25 |
| similar provision the alcohol concentration in his or her | 26 |
| blood, breath, or
urine was 0.16 or more based on the | 27 |
| definition of blood, breath, or urine units
in Section | 28 |
| 11-501.2, is guilty of a Class 4 felony and shall be subject, | 29 |
| in
addition to any other penalty that may be imposed, to a | 30 |
| mandatory minimum of
90 days of imprisonment and a mandatory | 31 |
| minimum fine of $2,500.
| 32 |
| (c-15) Any person convicted of a fourth or subsequent | 33 |
| violation of
subsection
(a) or a similar provision, if at the | 34 |
| time of the fourth or subsequent
violation the alcohol |
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| concentration in his or her blood, breath, or urine was
0.16 or | 2 |
| more based on the definition of blood, breath, or urine units | 3 |
| in
Section 11-501.2, and if the person's 3 prior violations of | 4 |
| subsection (a) or a
similar provision occurred while | 5 |
| transporting a person under the age of 16 or
while the alcohol | 6 |
| concentration in his or her blood, breath, or urine was 0.16
or | 7 |
| more based on the definition of blood, breath, or urine units | 8 |
| in Section
11-501.2, is guilty of a Class 2 felony and is not | 9 |
| eligible for a sentence of
probation or conditional discharge | 10 |
| and is subject to a minimum fine of
$2,500.
| 11 |
| (d) (1) Every person convicted of committing a violation of | 12 |
| this Section
shall be guilty of aggravated driving under | 13 |
| the influence of alcohol,
other drug or drugs, or | 14 |
| intoxicating compound or compounds, or any combination
| 15 |
| thereof if:
| 16 |
| (A) the person committed a violation of subsection | 17 |
| (a)
this
Section, or a similar
provision of a law of | 18 |
| another state or a local ordinance when the cause of
| 19 |
| action is the same as or substantially similar to this | 20 |
| Section, for the
third or subsequent time;
| 21 |
| (B) the person committed a violation of subsection
| 22 |
| paragraph (a)
while
driving a school bus with persons | 23 |
| 18 years of age or younger
children
on board;
| 24 |
| (C) the person in committing a violation of | 25 |
| subsection
paragraph
(a) was
involved in a motor | 26 |
| vehicle accident that resulted in great bodily harm or
| 27 |
| permanent disability or disfigurement to another, when | 28 |
| the violation was
a proximate cause of the injuries;
| 29 |
| (D) the person committed a violation of subsection
| 30 |
| paragraph (a)
for a
second time and has been previously | 31 |
| convicted of violating Section 9-3 of the
Criminal Code | 32 |
| of 1961 relating to reckless homicide in which the | 33 |
| person was
determined to have been under the influence | 34 |
| of alcohol, other drug or
drugs, or intoxicating |
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| compound or compounds as an element of the offense or
| 2 |
| the person has previously been convicted
under | 3 |
| subparagraph (C) or subparagraph (F) of this paragraph | 4 |
| (1);
| 5 |
| (E) the person, in committing a violation of | 6 |
| subsection
paragraph (a) while
driving at any speed in | 7 |
| a school speed zone at a time when a speed limit of
20 | 8 |
| miles per hour was in effect under subsection (a) of | 9 |
| Section 11-605 of
this Code, was involved in a motor | 10 |
| vehicle accident that resulted in bodily
harm, other | 11 |
| than great bodily harm or permanent disability or | 12 |
| disfigurement,
to another person, when the violation | 13 |
| of subsection
paragraph (a) was a
proximate cause
of | 14 |
| the bodily harm; or
| 15 |
| (F) the person, in committing a violation of | 16 |
| subsection
paragraph (a), was
involved in a motor | 17 |
| vehicle, snowmobile, all-terrain vehicle, or | 18 |
| watercraft
accident that resulted in
the death of | 19 |
| another person, when the violation of subsection
| 20 |
| paragraph
(a) was
a proximate cause of the death.
| 21 |
| (2) Except as provided in this paragraph (2), a person | 22 |
| convicted of
aggravated driving under
the
influence of | 23 |
| alcohol, other drug or
drugs,
or intoxicating compound or | 24 |
| compounds, or any
combination thereof is guilty of a Class | 25 |
| 4 felony. For a violation of
subparagraph (C)
of
paragraph | 26 |
| (1) of this subsection (d), the defendant, if sentenced to | 27 |
| a term
of imprisonment, shall be sentenced
to not less than
| 28 |
| one year nor more than 12 years.
Aggravated driving under | 29 |
| the influence of alcohol, other drug or drugs,
or | 30 |
| intoxicating compound or compounds, or any combination | 31 |
| thereof as
defined in subparagraph (F) of paragraph (1) of | 32 |
| this subsection (d) is
a Class 2 felony, for which the | 33 |
| defendant, if sentenced to a term of
imprisonment, shall be | 34 |
| sentenced to: (A) a
term of imprisonment of not less than 3 |
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| years and not more
than 14 years if the violation resulted | 2 |
| in the death of one person; or
(B) a term of imprisonment | 3 |
| of not less than 6 years and not
more than 28 years if the | 4 |
| violation resulted in the deaths of 2 or more
persons.
For | 5 |
| any prosecution under this subsection
(d), a certified copy | 6 |
| of the
driving abstract of the defendant shall be admitted | 7 |
| as proof of any prior
conviction.
Any person sentenced | 8 |
| under this subsection (d) who receives a term of
probation
| 9 |
| or conditional discharge must serve a minimum term of | 10 |
| either 480 hours of
community service or 10 days of | 11 |
| imprisonment as a condition of the probation or
conditional | 12 |
| discharge. This mandatory minimum term of imprisonment or
| 13 |
| assignment of community service may not be suspended or | 14 |
| reduced by the court.
| 15 |
| (e) After a finding of guilt and prior to any final | 16 |
| sentencing, or an
order for supervision, for an offense based | 17 |
| upon an arrest for a
violation of this Section or a similar | 18 |
| provision of a local ordinance,
individuals shall be required | 19 |
| to undergo a professional evaluation to
determine if an | 20 |
| alcohol, drug, or intoxicating compound abuse problem exists
| 21 |
| and the
extent of the problem, and undergo the imposition of | 22 |
| treatment as appropriate.
Programs conducting these | 23 |
| evaluations shall be
licensed by the Department of Human | 24 |
| Services. The cost of any professional
evaluation shall be paid | 25 |
| for by the
individual
required to undergo the professional | 26 |
| evaluation.
| 27 |
| (e-1) Any person who is found guilty of or pleads guilty to | 28 |
| violating this
Section, including any person receiving a | 29 |
| disposition of court supervision for
violating this Section, | 30 |
| may be required by the Court to attend a victim
impact panel | 31 |
| offered by, or under contract with, a County State's Attorney's
| 32 |
| office, a probation and court services department, Mothers | 33 |
| Against Drunk
Driving,
or the Alliance Against Intoxicated | 34 |
| Motorists.
All costs generated by
the victim impact panel shall |
|
|
|
09300SB2124sam002 |
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LRB093 13523 DRH 48514 a |
|
| 1 |
| be paid from fees collected from the
offender or as may be | 2 |
| determined by the court.
| 3 |
| (f) Every person found guilty of violating this Section, | 4 |
| whose
operation of a motor vehicle while in violation of this | 5 |
| Section proximately
caused any incident resulting in an | 6 |
| appropriate emergency response, shall
be liable for the expense | 7 |
| of an emergency response as provided under
Section 5-5-3 of the | 8 |
| Unified Code of Corrections.
| 9 |
| (g) The Secretary of State shall revoke the driving | 10 |
| privileges of any
person convicted under this Section or a | 11 |
| similar provision of a local
ordinance.
| 12 |
| (h) Blank.
Every person sentenced under paragraph (2) or | 13 |
| (3) of
subsection (c-1)
of this Section or subsection (d) of | 14 |
| this Section and who
receives a term of probation or | 15 |
| conditional discharge shall be required to
serve a minimum term | 16 |
| of either 60 days community service or 10 days of
imprisonment | 17 |
| as a condition of the probation or
conditional discharge. This | 18 |
| mandatory minimum term of imprisonment or
assignment of | 19 |
| community service shall not be suspended and shall
not be | 20 |
| subject to reduction by the court.
| 21 |
| (i) The Secretary of State shall require the use of | 22 |
| ignition interlock
devices on all vehicles owned by an | 23 |
| individual who has been convicted of a
second
or subsequent | 24 |
| offense of this Section or a similar provision of a local
| 25 |
| ordinance. The Secretary shall establish by rule and regulation | 26 |
| the procedures
for certification and use of the interlock | 27 |
| system.
| 28 |
| (j) In addition to any other penalties and liabilities, a | 29 |
| person who is
found guilty of or pleads guilty to violating | 30 |
| subsection (a)
this
Section , including any
person placed on | 31 |
| court supervision for violating subsection (a)
this
Section , | 32 |
| shall be fined
$100, payable to the
circuit clerk, who shall | 33 |
| distribute the money to the law enforcement agency
that made | 34 |
| the arrest. If the person has been previously convicted of |
|
|
|
09300SB2124sam002 |
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LRB093 13523 DRH 48514 a |
|
| 1 |
| violating
subsection (a)
this Section or a similar provision of | 2 |
| a local
ordinance, the fine shall be
$200. In the event that | 3 |
| more than one agency is responsible
for the arrest, the $100 or | 4 |
| $200 shall be shared equally. Any moneys received
by a law
| 5 |
| enforcement agency under this subsection (j) shall be used to | 6 |
| purchase law
enforcement equipment that will assist in the | 7 |
| prevention of alcohol related
criminal violence throughout the | 8 |
| State. This shall include, but is not limited
to, in-car video | 9 |
| cameras, radar and laser speed detection devices, and alcohol
| 10 |
| breath testers.
Any moneys received by the Department of State | 11 |
| Police under this subsection
(j) shall be deposited into the | 12 |
| State Police DUI Fund and shall be used to
purchase law | 13 |
| enforcement equipment that will assist in the prevention of
| 14 |
| alcohol related criminal violence throughout the State.
| 15 |
| (k) The Secretary of State Police DUI Fund is created as a | 16 |
| special
fund in the State treasury. All moneys received by the | 17 |
| Secretary of State
Police under subsection (j) of this Section | 18 |
| shall be deposited into the
Secretary of State Police DUI Fund | 19 |
| and, subject to appropriation, shall be
used to purchase law | 20 |
| enforcement equipment to assist in the prevention of
alcohol | 21 |
| related criminal violence throughout the State.
| 22 |
| (l) Whenever an individual is sentenced for an offense | 23 |
| based upon an
arrest for a violation of subsection (a) or a | 24 |
| similar provision of a local
ordinance, and the professional | 25 |
| evaluation recommends remedial or
rehabilitative treatment or | 26 |
| education, neither the treatment nor the education
shall be the | 27 |
| sole disposition and either or both may be imposed only in
| 28 |
| conjunction with another disposition. The court shall monitor | 29 |
| compliance with
any remedial education or treatment | 30 |
| recommendations contained in the
professional evaluation. | 31 |
| Programs conducting alcohol or other drug evaluation
or | 32 |
| remedial education must be licensed by the Department of Human | 33 |
| Services. If
the individual is not a resident of Illinois, | 34 |
| however, the court may accept an
alcohol or other drug |
|
|
|
09300SB2124sam002 |
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LRB093 13523 DRH 48514 a |
|
| 1 |
| evaluation or remedial education program in the
individual's | 2 |
| state of residence. Programs providing treatment must be | 3 |
| licensed
under existing applicable alcoholism and drug | 4 |
| treatment licensure standards.
| 5 |
| (m) In addition to any other fine or penalty required by | 6 |
| law, an individual
convicted of a violation of subsection (a), | 7 |
| Section 5-7 of the Snowmobile
Registration and Safety Act, | 8 |
| Section 5-16 of the Boat Registration and Safety
Act, or a | 9 |
| similar provision, whose operation of a motor vehicle, | 10 |
| snowmobile, or
watercraft while in
violation of subsection (a), | 11 |
| Section 5-7 of the Snowmobile Registration and
Safety Act, | 12 |
| Section 5-16 of the Boat Registration and Safety Act, or a | 13 |
| similar
provision proximately caused an incident resulting in | 14 |
| an appropriate emergency
response, shall be required to make | 15 |
| restitution to a public agency for the
costs of that emergency | 16 |
| response. The restitution may not exceed $1,000 per
public | 17 |
| agency for each emergency response. As used in this subsection | 18 |
| (m),
"emergency response" means any incident requiring a | 19 |
| response by a police
officer, a firefighter carried on the | 20 |
| rolls of a regularly constituted fire
department, or an | 21 |
| ambulance.
| 22 |
| (Source: P.A. 92-248, eff. 8-3-01; 92-418, eff. 8-17-01;
| 23 |
| 92-420, eff. 8-17-01; 92-429, eff. 1-1-02; 92-431, eff. 1-1-02; | 24 |
| 92-651, eff.
7-11-02; 93-156, eff. 1-1-04; 93-213, eff. | 25 |
| 7-18-03; 93-584, eff.
8-22-03; revised 8-27-03.)
| 26 |
| Section 10. The Clerks of Courts Act is amended by changing
| 27 |
| Sections 27.5 and 27.6 as follows:
| 28 |
| (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
| 29 |
| Sec. 27.5. (a) All fees, fines, costs, additional | 30 |
| penalties, bail balances
assessed or forfeited, and any other | 31 |
| amount paid by a person to the circuit
clerk that equals an | 32 |
| amount less than $55, except restitution under Section
5-5-6 of |
|
|
|
09300SB2124sam002 |
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LRB093 13523 DRH 48514 a |
|
| 1 |
| the Unified Code of Corrections, reimbursement for the costs of | 2 |
| an
emergency response as provided under Section 11-501 of the | 3 |
| Illinois Vehicle
Code
5-5-3 of the Unified Code of
Corrections , | 4 |
| any fees collected for attending a traffic safety program under
| 5 |
| paragraph (c) of Supreme Court Rule 529, any fee collected on | 6 |
| behalf of a
State's Attorney under Section 4-2002 of the | 7 |
| Counties Code or a sheriff under
Section 4-5001 of the Counties | 8 |
| Code, or any cost imposed under Section 124A-5
of the Code of | 9 |
| Criminal Procedure of 1963, for convictions, orders of
| 10 |
| supervision, or any other disposition for a violation of | 11 |
| Chapters 3, 4, 6,
11, and 12 of the Illinois Vehicle Code, or a | 12 |
| similar provision of a local
ordinance, and any violation of | 13 |
| the Child Passenger Protection Act, or a
similar provision of a | 14 |
| local ordinance, and except as provided in subsection
(b) shall | 15 |
| be disbursed within 60 days after receipt by the circuit
clerk | 16 |
| as follows: 47% shall be disbursed to the entity authorized by | 17 |
| law to
receive the fine imposed in the case; 12% shall be | 18 |
| disbursed to the State
Treasurer; and 41% shall be disbursed to | 19 |
| the county's general corporate fund.
Of the 12% disbursed to | 20 |
| the State Treasurer, 1/6 shall be deposited by the
State | 21 |
| Treasurer into the Violent Crime Victims Assistance Fund, 1/2 | 22 |
| shall be
deposited into the Traffic and Criminal Conviction | 23 |
| Surcharge Fund, and 1/3
shall be deposited into the Drivers | 24 |
| Education Fund. For fiscal years 1992 and
1993, amounts | 25 |
| deposited into the Violent Crime Victims Assistance Fund, the
| 26 |
| Traffic and Criminal Conviction Surcharge Fund, or the Drivers | 27 |
| Education Fund
shall not exceed 110% of the amounts deposited | 28 |
| into those funds in fiscal year
1991. Any amount that exceeds | 29 |
| the 110% limit shall be distributed as follows:
50% shall be | 30 |
| disbursed to the county's general corporate fund and 50% shall | 31 |
| be
disbursed to the entity authorized by law to receive the | 32 |
| fine imposed in the
case. Not later than March 1 of each year | 33 |
| the circuit clerk
shall submit a report of the amount of funds | 34 |
| remitted to the State
Treasurer under this Section during the |
|
|
|
09300SB2124sam002 |
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LRB093 13523 DRH 48514 a |
|
| 1 |
| preceding year based upon
independent verification of fines and | 2 |
| fees. All counties shall be subject
to this Section, except | 3 |
| that counties with a population under 2,000,000
may, by | 4 |
| ordinance, elect not to be subject to this Section. For | 5 |
| offenses
subject to this Section, judges shall impose one total | 6 |
| sum of money payable
for violations. The circuit clerk may add | 7 |
| on no additional amounts except
for amounts that are required | 8 |
| by Sections 27.3a and 27.3c of
this Act, unless those amounts | 9 |
| are specifically waived by the judge. With
respect to money | 10 |
| collected by the circuit clerk as a result of
forfeiture of | 11 |
| bail, ex parte judgment or guilty plea pursuant to Supreme
| 12 |
| Court Rule 529, the circuit clerk shall first deduct and pay | 13 |
| amounts
required by Sections 27.3a and 27.3c of this Act. This | 14 |
| Section is a denial
and limitation of home rule powers and | 15 |
| functions under subsection (h) of
Section 6 of Article VII of | 16 |
| the Illinois Constitution.
| 17 |
| (b) The following amounts must be remitted to the State | 18 |
| Treasurer for
deposit into the Illinois Animal Abuse Fund:
| 19 |
| (1) 50% of the amounts collected for felony offenses | 20 |
| under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | 21 |
| 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | 22 |
| Animals Act and Section 26-5 of the Criminal Code of
1961;
| 23 |
| (2) 20% of the amounts collected for Class A and Class | 24 |
| B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | 25 |
| 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | 26 |
| for Animals Act and Section 26-5 of the Criminal
Code of | 27 |
| 1961; and
| 28 |
| (3) 50% of the amounts collected for Class C | 29 |
| misdemeanors under
Sections 4.01 and 7.1 of the Humane Care | 30 |
| for Animals Act and Section 26-5
of the Criminal Code of | 31 |
| 1961.
| 32 |
| (Source: P.A. 92-454, eff. 1-1-02; 92-650, eff. 7-11-02.)
| 33 |
| (705 ILCS 105/27.6)
|
|
|
|
09300SB2124sam002 |
- 18 - |
LRB093 13523 DRH 48514 a |
|
| 1 |
| Sec. 27.6. (a) All fees, fines, costs, additional | 2 |
| penalties, bail balances
assessed or forfeited, and any other | 3 |
| amount paid by a person to the circuit
clerk equalling an | 4 |
| amount of $55 or more, except the additional fee required
by | 5 |
| subsections (b) and (c), restitution under Section 5-5-6 of the
| 6 |
| Unified Code of Corrections, reimbursement for the costs of an | 7 |
| emergency
response as provided under Section 11-501 of the | 8 |
| Illinois Vehicle Code
5-5-3 of the Unified Code of Corrections ,
| 9 |
| any fees collected for attending a traffic safety program under | 10 |
| paragraph (c)
of Supreme Court Rule 529, any fee collected on | 11 |
| behalf of a State's Attorney
under Section 4-2002 of the | 12 |
| Counties Code or a sheriff under Section 4-5001
of the Counties | 13 |
| Code, or any cost imposed under Section 124A-5 of the Code of
| 14 |
| Criminal Procedure of 1963, for convictions, orders of | 15 |
| supervision, or any
other disposition for a violation of | 16 |
| Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | 17 |
| similar provision of a local ordinance, and any
violation of | 18 |
| the Child Passenger Protection Act, or a similar provision of a
| 19 |
| local ordinance, and except as provided in subsection (d) shall | 20 |
| be disbursed
within 60 days after receipt by the circuit
clerk | 21 |
| as follows: 44.5% shall be disbursed to the entity authorized | 22 |
| by law to
receive the fine imposed in the case; 16.825% shall | 23 |
| be disbursed to the State
Treasurer; and 38.675% shall be | 24 |
| disbursed to the county's general corporate
fund. Of the | 25 |
| 16.825% disbursed to the State Treasurer, 2/17 shall be | 26 |
| deposited
by the State Treasurer into the Violent Crime Victims | 27 |
| Assistance Fund, 5.052/17
shall be deposited into the Traffic | 28 |
| and Criminal Conviction Surcharge Fund,
3/17 shall be deposited | 29 |
| into the Drivers Education Fund, and 6.948/17 shall be
| 30 |
| deposited into the Trauma Center Fund. Of the 6.948/17 | 31 |
| deposited into the
Trauma Center Fund from the 16.825% | 32 |
| disbursed to the State Treasurer, 50% shall
be disbursed to the | 33 |
| Department of Public Health and 50% shall be disbursed to
the | 34 |
| Department of Public Aid. For fiscal year 1993, amounts |
|
|
|
09300SB2124sam002 |
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LRB093 13523 DRH 48514 a |
|
| 1 |
| deposited into
the Violent Crime Victims Assistance Fund, the | 2 |
| Traffic and Criminal
Conviction Surcharge Fund, or the Drivers | 3 |
| Education Fund shall not exceed 110%
of the amounts deposited | 4 |
| into those funds in fiscal year 1991. Any
amount that exceeds | 5 |
| the 110% limit shall be distributed as follows: 50%
shall be | 6 |
| disbursed to the county's general corporate fund and 50% shall | 7 |
| be
disbursed to the entity authorized by law to receive the | 8 |
| fine imposed in
the case. Not later than March 1 of each year | 9 |
| the circuit clerk
shall submit a report of the amount of funds | 10 |
| remitted to the State
Treasurer under this Section during the | 11 |
| preceding year based upon
independent verification of fines and | 12 |
| fees. All counties shall be subject
to this Section, except | 13 |
| that counties with a population under 2,000,000
may, by | 14 |
| ordinance, elect not to be subject to this Section. For | 15 |
| offenses
subject to this Section, judges shall impose one total | 16 |
| sum of money payable
for violations. The circuit clerk may add | 17 |
| on no additional amounts except
for amounts that are required | 18 |
| by Sections 27.3a and 27.3c of
this Act, unless those amounts | 19 |
| are specifically waived by the judge. With
respect to money | 20 |
| collected by the circuit clerk as a result of
forfeiture of | 21 |
| bail, ex parte judgment or guilty plea pursuant to Supreme
| 22 |
| Court Rule 529, the circuit clerk shall first deduct and pay | 23 |
| amounts
required by Sections 27.3a and 27.3c of this Act. This | 24 |
| Section is a denial
and limitation of home rule powers and | 25 |
| functions under subsection (h) of
Section 6 of Article VII of | 26 |
| the Illinois Constitution.
| 27 |
| (b) In addition to any other fines and court costs assessed | 28 |
| by the courts,
any person convicted or receiving an order of | 29 |
| supervision for driving under
the influence of alcohol or drugs | 30 |
| shall pay an additional fee of $100 to the
clerk of the circuit | 31 |
| court. This amount, less 2 1/2% that shall be used to
defray | 32 |
| administrative costs incurred by the clerk, shall be remitted | 33 |
| by the
clerk to the Treasurer within 60 days after receipt for | 34 |
| deposit into the Trauma
Center Fund. This additional fee of |
|
|
|
09300SB2124sam002 |
- 20 - |
LRB093 13523 DRH 48514 a |
|
| 1 |
| $100 shall not be considered a part of the
fine for purposes of | 2 |
| any reduction in the fine for time served either before or
| 3 |
| after sentencing. Not later than March 1 of each year the | 4 |
| Circuit Clerk shall
submit a report of the amount of funds | 5 |
| remitted to the State Treasurer under
this subsection during | 6 |
| the preceding calendar year.
| 7 |
| (b-1) In addition to any other fines and court costs | 8 |
| assessed by the courts,
any person convicted or receiving an | 9 |
| order of supervision for driving under the
influence of alcohol | 10 |
| or drugs shall pay an additional fee of $5 to the clerk
of the | 11 |
| circuit court. This amount, less
2 1/2% that shall be used to | 12 |
| defray administrative costs incurred by the clerk,
shall be | 13 |
| remitted by the clerk to the Treasurer within 60 days after | 14 |
| receipt
for deposit into the Spinal Cord Injury Paralysis Cure | 15 |
| Research Trust Fund.
This additional fee of $5 shall not
be | 16 |
| considered a part of the fine for purposes of any reduction in | 17 |
| the fine for
time served either before or after sentencing. Not | 18 |
| later than March 1 of each
year the Circuit Clerk shall submit | 19 |
| a report of the amount of funds remitted to
the State Treasurer | 20 |
| under this subsection during the preceding calendar
year.
| 21 |
| (c) In addition to any other fines and court costs assessed | 22 |
| by the courts,
any person convicted for a violation of Sections | 23 |
| 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or a | 24 |
| person sentenced for a violation of the Cannabis
Control Act or | 25 |
| the Controlled Substance Act
shall pay an additional fee of | 26 |
| $100 to the clerk
of the circuit court. This amount, less
2 | 27 |
| 1/2% that shall be used to defray administrative costs incurred | 28 |
| by the clerk,
shall be remitted by the clerk to the Treasurer | 29 |
| within 60 days after receipt
for deposit into the Trauma Center | 30 |
| Fund. This additional fee of $100 shall not
be considered a | 31 |
| part of the fine for purposes of any reduction in the fine for
| 32 |
| time served either before or after sentencing. Not later than | 33 |
| March 1 of each
year the Circuit Clerk shall submit a report of | 34 |
| the amount of funds remitted to
the State Treasurer under this |
|
|
|
09300SB2124sam002 |
- 21 - |
LRB093 13523 DRH 48514 a |
|
| 1 |
| subsection during the preceding calendar year.
| 2 |
| (c-1) In addition to any other fines and court costs | 3 |
| assessed by the
courts, any person sentenced for a violation of | 4 |
| the Cannabis Control Act or
the Illinois Controlled Substances | 5 |
| Act shall pay an additional fee of $5 to the
clerk of the | 6 |
| circuit court. This amount, less 2 1/2% that shall be used to
| 7 |
| defray administrative costs incurred by the clerk, shall be | 8 |
| remitted by the
clerk to the Treasurer within 60 days after | 9 |
| receipt for deposit into the Spinal
Cord Injury Paralysis Cure | 10 |
| Research Trust Fund. This additional fee of $5
shall not be | 11 |
| considered a part of the fine for purposes of any reduction in | 12 |
| the
fine for time served either before or after sentencing. Not | 13 |
| later than March 1
of each year the Circuit Clerk shall submit | 14 |
| a report of the amount of funds
remitted to the State Treasurer | 15 |
| under this subsection during the preceding
calendar year.
| 16 |
| (d) The following amounts must be remitted to the State | 17 |
| Treasurer for
deposit into the Illinois Animal Abuse Fund:
| 18 |
| (1) 50% of the amounts collected for felony offenses | 19 |
| under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | 20 |
| 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | 21 |
| Animals Act and Section 26-5 of the Criminal Code of
1961;
| 22 |
| (2) 20% of the amounts collected for Class A and Class | 23 |
| B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | 24 |
| 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | 25 |
| for Animals Act and Section 26-5 of the Criminal
Code of | 26 |
| 1961; and
| 27 |
| (3) 50% of the amounts collected for Class C | 28 |
| misdemeanors under Sections
4.01 and 7.1 of the Humane Care | 29 |
| for Animals Act and Section 26-5 of the
Criminal Code of | 30 |
| 1961.
| 31 |
| (Source: P.A. 92-431, eff. 1-1-02; 92-454, eff. 1-1-02; 92-650, | 32 |
| eff. 7-11-02;
92-651, eff. 7-11-02.)
| 33 |
| Section 15. The Unified Code of Corrections is amended by |
|
|
|
09300SB2124sam002 |
- 22 - |
LRB093 13523 DRH 48514 a |
|
| 1 |
| changing
Sections 5-5-3, 5-6-4, 5-6-4.1, and 5-8-7 as follows:
| 2 |
| (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| 3 |
| Sec. 5-5-3. Disposition.
| 4 |
| (a) Except as provided in Section 11-501 of the Illinois | 5 |
| Vehicle Code,
every person convicted of an offense shall be | 6 |
| sentenced as provided
in this Section.
| 7 |
| (b) The following options shall be appropriate | 8 |
| dispositions, alone
or in combination, for all felonies and | 9 |
| misdemeanors other than those
identified in subsection (c) of | 10 |
| this Section:
| 11 |
| (1) A period of probation.
| 12 |
| (2) A term of periodic imprisonment.
| 13 |
| (3) A term of conditional discharge.
| 14 |
| (4) A term of imprisonment.
| 15 |
| (5) An order directing the offender to clean up and | 16 |
| repair the
damage, if the offender was convicted under | 17 |
| paragraph (h) of Section
21-1 of the Criminal Code of 1961 | 18 |
| (now repealed) .
| 19 |
| (6) A fine.
| 20 |
| (7) An order directing the offender to make restitution | 21 |
| to the
victim under Section 5-5-6 of this Code.
| 22 |
| (8) A sentence of participation in a county impact | 23 |
| incarceration
program under Section 5-8-1.2 of this Code.
| 24 |
| Whenever an individual is sentenced for an offense based | 25 |
| upon an
arrest for a violation of Section 11-501 of the | 26 |
| Illinois Vehicle Code, or a
similar provision of a local | 27 |
| ordinance, and the professional evaluation
recommends remedial | 28 |
| or rehabilitative treatment or education, neither the
| 29 |
| treatment nor the education shall be the sole disposition and | 30 |
| either or
both may be imposed only in conjunction with another | 31 |
| disposition.
The court shall monitor compliance with any | 32 |
| remedial education or treatment
recommendations contained in | 33 |
| the professional evaluation. Programs
conducting alcohol or |
|
|
|
09300SB2124sam002 |
- 23 - |
LRB093 13523 DRH 48514 a |
|
| 1 |
| other drug evaluation or remedial education must be
licensed by | 2 |
| the Department of Human Services. However,
if the individual is | 3 |
| not a resident of Illinois, the court may accept an
alcohol or | 4 |
| other drug evaluation or remedial education program in the | 5 |
| state
of such individual's residence. Programs providing | 6 |
| treatment must be
licensed under existing applicable | 7 |
| alcoholism and drug treatment licensure
standards.
| 8 |
| In addition to any other fine or penalty required by law, | 9 |
| any
individual convicted of a violation of Section 11-501 of | 10 |
| the Illinois
Vehicle Code, Section 5-7 of the Snowmobile | 11 |
| Registration and Safety Act,
Section 5-16 of the Boat | 12 |
| Registration and Safety Act, or a similar provision of
local | 13 |
| ordinance, whose operation of
a motor vehicle while in | 14 |
| violation of Section 11-501, Section 5-7, Section
5-16, or such | 15 |
| ordinance
proximately caused an incident resulting in an | 16 |
| appropriate emergency
response, shall be required to make | 17 |
| restitution to a public agency for the
costs of that emergency | 18 |
| response. Such restitution shall not exceed $1,000 per
public | 19 |
| agency for each such emergency response. For the purpose
of
| 20 |
| this paragraph, emergency response shall mean any incident | 21 |
| requiring a response
by: a police officer as defined under | 22 |
| Section 1-162 of the Illinois Vehicle
Code; a fireman carried | 23 |
| on the rolls of a regularly constituted fire
department; and an | 24 |
| ambulance as defined under Section 3.85 of the
Emergency | 25 |
| Medical Services (EMS) Systems Act.
| 26 |
| Neither a fine nor restitution shall be the sole | 27 |
| disposition
for a felony and either or both may be imposed only | 28 |
| in conjunction with
another disposition.
| 29 |
| (c) (1) When a defendant is found guilty of first degree | 30 |
| murder the
State may either seek a sentence of imprisonment | 31 |
| under Section 5-8-1 of
this Code, or where appropriate seek | 32 |
| a sentence of death under Section 9-1
of the Criminal Code | 33 |
| of 1961.
| 34 |
| (2) A period of probation, a term of periodic |
|
|
|
09300SB2124sam002 |
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LRB093 13523 DRH 48514 a |
|
| 1 |
| imprisonment or
conditional discharge shall not be imposed | 2 |
| for the following offenses.
The court shall sentence the | 3 |
| offender to not less than the minimum term
of imprisonment | 4 |
| set forth in this Code for the following offenses, and
may | 5 |
| order a fine or restitution or both in conjunction with | 6 |
| such term of
imprisonment:
| 7 |
| (A) First degree murder where the death penalty is | 8 |
| not imposed.
| 9 |
| (B) Attempted first degree murder.
| 10 |
| (C) A Class X felony.
| 11 |
| (D) A violation of Section 401.1 or 407 of the
| 12 |
| Illinois Controlled Substances Act, or a violation of | 13 |
| subdivision (c)(1) or
(c)(2) of
Section 401 of that Act | 14 |
| which relates to more than 5 grams of a substance
| 15 |
| containing heroin or cocaine or an analog thereof.
| 16 |
| (E) A violation of Section 5.1 or 9 of the Cannabis | 17 |
| Control
Act.
| 18 |
| (F) A Class 2 or greater felony if the offender had | 19 |
| been convicted
of a Class 2 or greater felony within 10 | 20 |
| years of the date on which the
offender
committed the | 21 |
| offense for which he or she is being sentenced, except | 22 |
| as
otherwise provided in Section 40-10 of the | 23 |
| Alcoholism and Other Drug Abuse and
Dependency Act.
| 24 |
| (G) Residential burglary, except as otherwise | 25 |
| provided in Section 40-10
of the Alcoholism and Other | 26 |
| Drug Abuse and Dependency Act.
| 27 |
| (H) Criminal sexual assault.
| 28 |
| (I) Aggravated battery of a senior citizen.
| 29 |
| (J) A forcible felony if the offense was related to | 30 |
| the activities of an
organized gang.
| 31 |
| Before July 1, 1994, for the purposes of this | 32 |
| paragraph, "organized
gang" means an association of 5 | 33 |
| or more persons, with an established hierarchy,
that | 34 |
| encourages members of the association to perpetrate |
|
|
|
09300SB2124sam002 |
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LRB093 13523 DRH 48514 a |
|
| 1 |
| crimes or provides
support to the members of the | 2 |
| association who do commit crimes.
| 3 |
| Beginning July 1, 1994, for the purposes of this | 4 |
| paragraph,
"organized gang" has the meaning ascribed | 5 |
| to it in Section 10 of the Illinois
Streetgang | 6 |
| Terrorism Omnibus Prevention Act.
| 7 |
| (K) Vehicular hijacking.
| 8 |
| (L) A second or subsequent conviction for the | 9 |
| offense of hate crime
when the underlying offense upon | 10 |
| which the hate crime is based is felony
aggravated
| 11 |
| assault or felony mob action.
| 12 |
| (M) A second or subsequent conviction for the | 13 |
| offense of institutional
vandalism if the damage to the | 14 |
| property exceeds $300.
| 15 |
| (N) A Class 3 felony violation of paragraph (1) of | 16 |
| subsection (a) of
Section 2 of the Firearm Owners | 17 |
| Identification Card Act.
| 18 |
| (O) A violation of Section 12-6.1 of the Criminal | 19 |
| Code of 1961.
| 20 |
| (P) A violation of paragraph (1), (2), (3), (4), | 21 |
| (5), or (7) of
subsection (a)
of Section 11-20.1 of the | 22 |
| Criminal Code of 1961.
| 23 |
| (Q) A violation of Section 20-1.2 or 20-1.3 of the | 24 |
| Criminal Code of
1961.
| 25 |
| (R) A violation of Section 24-3A of the Criminal | 26 |
| Code of
1961.
| 27 |
| (S) (Blank).
A violation of Section 11-501(c-1)(3) | 28 |
| of the Illinois
Vehicle
Code.
| 29 |
| (T) A second or subsequent violation of paragraph | 30 |
| (6.6) of subsection
(a), subsection (c-5), or | 31 |
| subsection (d-5) of Section 401 of the Illinois
| 32 |
| Controlled Substances Act.
| 33 |
| (3) (Blank).
A minimum term of imprisonment of not less | 34 |
| than 5 days
or 30 days of community service as may be |
|
|
|
09300SB2124sam002 |
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LRB093 13523 DRH 48514 a |
|
| 1 |
| determined by the
court shall
be imposed for a second | 2 |
| violation committed within 5 years
of a previous violation | 3 |
| of Section 11-501 of the Illinois Vehicle Code or
a similar | 4 |
| provision of a local ordinance.
In the case of a third or
| 5 |
| subsequent violation committed within 5 years of a previous | 6 |
| violation of
Section 11-501 of the Illinois Vehicle Code or | 7 |
| a similar provision of a local
ordinance, a minimum term of | 8 |
| either 10 days of imprisonment or 60 days of
community | 9 |
| service shall be imposed.
| 10 |
| (4) A minimum term of imprisonment of not less than 10
| 11 |
| consecutive days or 30 days of community service shall be | 12 |
| imposed for a
violation of paragraph (c) of Section 6-303 | 13 |
| of the Illinois Vehicle Code.
| 14 |
| (4.1) (Blank).
A minimum term of 30 consecutive days of
| 15 |
| imprisonment,
40 days of 24 hour periodic imprisonment or | 16 |
| 720 hours of community
service, as may be determined by the | 17 |
| court, shall be imposed for a violation of
Section 11-501 | 18 |
| of the Illinois Vehicle Code during a period in which the
| 19 |
| defendant's driving privileges are revoked or suspended,
| 20 |
| where the revocation or suspension was for a
violation of | 21 |
| Section
11-501 or Section 11-501.1 of that Code.
| 22 |
| (4.2) Except as provided in paragraph (4.3) of this | 23 |
| subsection (c), a
minimum of
100 hours of community service | 24 |
| shall be imposed for a second violation of
Section 6-303
of | 25 |
| the Illinois Vehicle Code.
| 26 |
| (4.3) A minimum term of imprisonment of 30 days or 300 | 27 |
| hours of community
service, as determined by the court, | 28 |
| shall
be imposed for a second violation of subsection (c) | 29 |
| of Section 6-303 of the
Illinois Vehicle Code.
| 30 |
| (4.4) Except as provided in paragraph (4.5) and | 31 |
| paragraph (4.6) of this
subsection (c), a
minimum term of | 32 |
| imprisonment of 30 days or 300 hours of community service, | 33 |
| as
determined by the court, shall
be imposed
for a third or | 34 |
| subsequent violation of Section 6-303 of the Illinois |
|
|
|
09300SB2124sam002 |
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LRB093 13523 DRH 48514 a |
|
| 1 |
| Vehicle
Code.
| 2 |
| (4.5) A minimum term of imprisonment of 30 days
shall | 3 |
| be imposed for a third violation of subsection (c) of
| 4 |
| Section 6-303 of the Illinois Vehicle Code.
| 5 |
| (4.6) A minimum term of imprisonment of 180 days shall | 6 |
| be imposed for a
fourth or subsequent violation of | 7 |
| subsection (c) of Section 6-303 of the
Illinois Vehicle | 8 |
| Code.
| 9 |
| (5) The court may sentence an offender convicted of a | 10 |
| business
offense or a petty offense or a corporation or | 11 |
| unincorporated
association convicted of any offense to:
| 12 |
| (A) a period of conditional discharge;
| 13 |
| (B) a fine;
| 14 |
| (C) make restitution to the victim under Section | 15 |
| 5-5-6 of this Code.
| 16 |
| (5.1) In addition to any penalties imposed under | 17 |
| paragraph (5) of this
subsection (c), and except as | 18 |
| provided in paragraph (5.2) or (5.3), a person
convicted of | 19 |
| violating subsection (c) of Section 11-907 of the Illinois
| 20 |
| Vehicle Code shall have his or her driver's license, | 21 |
| permit, or privileges
suspended for at least 90 days but | 22 |
| not more than one year, if the violation
resulted in damage | 23 |
| to the property of another person.
| 24 |
| (5.2) In addition to any penalties imposed under | 25 |
| paragraph (5) of this
subsection (c), and except as | 26 |
| provided in paragraph (5.3), a person convicted
of | 27 |
| violating subsection (c) of Section 11-907 of the Illinois | 28 |
| Vehicle Code
shall have his or her driver's license, | 29 |
| permit, or privileges suspended for at
least 180 days but | 30 |
| not more than 2 years, if the violation resulted in injury
| 31 |
| to
another person.
| 32 |
| (5.3) In addition to any penalties imposed under | 33 |
| paragraph (5) of
this
subsection (c), a person convicted of | 34 |
| violating subsection (c) of Section
11-907 of the Illinois |
|
|
|
09300SB2124sam002 |
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LRB093 13523 DRH 48514 a |
|
| 1 |
| Vehicle Code shall have his or her driver's license,
| 2 |
| permit, or privileges suspended for 2 years, if the | 3 |
| violation resulted in the
death of another person.
| 4 |
| (6) In no case shall an offender be eligible for a | 5 |
| disposition of
probation or conditional discharge for a | 6 |
| Class 1 felony committed while
he was serving a term of | 7 |
| probation or conditional discharge for a felony.
| 8 |
| (7) When a defendant is adjudged a habitual criminal | 9 |
| under Article
33B of the Criminal Code of 1961, the court | 10 |
| shall sentence
the defendant to a term of natural life | 11 |
| imprisonment.
| 12 |
| (8) When a defendant, over the age of 21 years, is | 13 |
| convicted of a
Class 1 or Class 2 felony, after having | 14 |
| twice been convicted
in any state or
federal court of an | 15 |
| offense that contains the same elements as an offense now
| 16 |
| classified in Illinois as a Class 2 or greater Class felony
| 17 |
| and such charges are
separately brought and tried and arise | 18 |
| out of different series of acts,
such defendant shall be | 19 |
| sentenced as a Class X offender. This paragraph
shall not | 20 |
| apply unless (1) the first felony was committed after the
| 21 |
| effective date of this amendatory Act of 1977; and (2) the | 22 |
| second felony
was committed after conviction on the first; | 23 |
| and (3) the third felony
was committed after conviction on | 24 |
| the second.
A person sentenced as a Class X offender under | 25 |
| this paragraph is not
eligible to apply for treatment as a | 26 |
| condition of probation as provided by
Section 40-10 of the | 27 |
| Alcoholism and Other Drug Abuse and Dependency Act.
| 28 |
| (9) A defendant convicted of a second or subsequent | 29 |
| offense of ritualized
abuse of a child may be sentenced to | 30 |
| a term of natural life imprisonment.
| 31 |
| (10) (Blank).
When a person is convicted of violating | 32 |
| Section 11-501
of the
Illinois
Vehicle Code or a similar | 33 |
| provision of a local ordinance, the following
penalties | 34 |
| apply when his or her blood,
breath, or urine was .16 or |
|
|
|
09300SB2124sam002 |
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LRB093 13523 DRH 48514 a |
|
| 1 |
| more based on the definition of blood, breath, or
urine | 2 |
| units in
Section 11-501.2
or that person is convicted of | 3 |
| violating Section 11-501 of the Illinois Vehicle
Code while
| 4 |
| transporting a child under the age of 16:
| 5 |
| (A) For a first violation of subsection (a) of | 6 |
| Section 11-501, in
addition to any other penalty that | 7 |
| may be imposed under subsection (c) of
Section 11-501: | 8 |
| a
mandatory
minimum of
100 hours of community
service | 9 |
| and a minimum fine of
$500.
| 10 |
| (B) For a second violation of subsection (a) of | 11 |
| Section 11-501, in
addition to any other penalty that | 12 |
| may be imposed under subsection (c) of
Section 11-501 | 13 |
| within 10
years: a
mandatory minimum of 2
days of | 14 |
| imprisonment
and a minimum fine of $1,250.
| 15 |
| (C) For a third violation of subsection (a) of | 16 |
| Section 11-501, in
addition to any other penalty that | 17 |
| may be imposed under subsection (c) of
Section 11-501 | 18 |
| within 20
years: a
mandatory
minimum of 90 days of | 19 |
| imprisonment and a minimum
fine of $2,500.
| 20 |
| (D) For a fourth or subsequent violation of | 21 |
| subsection (a) of Section
11-501: ineligibility for a | 22 |
| sentence
of probation or conditional discharge and a | 23 |
| minimum
fine of $2,500.
| 24 |
| (d) In any case in which a sentence originally imposed is | 25 |
| vacated,
the case shall be remanded to the trial court. The | 26 |
| trial court shall
hold a hearing under Section 5-4-1 of the | 27 |
| Unified Code of Corrections
which may include evidence of the | 28 |
| defendant's life, moral character and
occupation during the | 29 |
| time since the original sentence was passed. The
trial court | 30 |
| shall then impose sentence upon the defendant. The trial
court | 31 |
| may impose any sentence which could have been imposed at the
| 32 |
| original trial subject to Section 5-5-4 of the Unified Code of | 33 |
| Corrections.
If a sentence is vacated on appeal or on | 34 |
| collateral attack due to the
failure of the trier of fact at |
|
|
|
09300SB2124sam002 |
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LRB093 13523 DRH 48514 a |
|
| 1 |
| trial to determine beyond a reasonable doubt
the
existence of a | 2 |
| fact (other than a prior conviction) necessary to increase the
| 3 |
| punishment for the offense beyond the statutory maximum | 4 |
| otherwise applicable,
either the defendant may be re-sentenced | 5 |
| to a term within the range otherwise
provided or, if the State | 6 |
| files notice of its intention to again seek the
extended | 7 |
| sentence, the defendant shall be afforded a new trial.
| 8 |
| (e) In cases where prosecution for
aggravated criminal | 9 |
| sexual abuse under Section 12-16 of the
Criminal Code of 1961 | 10 |
| results in conviction of a defendant
who was a family member of | 11 |
| the victim at the time of the commission of the
offense, the | 12 |
| court shall consider the safety and welfare of the victim and
| 13 |
| may impose a sentence of probation only where:
| 14 |
| (1) the court finds (A) or (B) or both are appropriate:
| 15 |
| (A) the defendant is willing to undergo a court | 16 |
| approved counseling
program for a minimum duration of 2 | 17 |
| years; or
| 18 |
| (B) the defendant is willing to participate in a | 19 |
| court approved plan
including but not limited to the | 20 |
| defendant's:
| 21 |
| (i) removal from the household;
| 22 |
| (ii) restricted contact with the victim;
| 23 |
| (iii) continued financial support of the | 24 |
| family;
| 25 |
| (iv) restitution for harm done to the victim; | 26 |
| and
| 27 |
| (v) compliance with any other measures that | 28 |
| the court may
deem appropriate; and
| 29 |
| (2) the court orders the defendant to pay for the | 30 |
| victim's counseling
services, to the extent that the court | 31 |
| finds, after considering the
defendant's income and | 32 |
| assets, that the defendant is financially capable of
paying | 33 |
| for such services, if the victim was under 18 years of age | 34 |
| at the
time the offense was committed and requires |
|
|
|
09300SB2124sam002 |
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LRB093 13523 DRH 48514 a |
|
| 1 |
| counseling as a result of the
offense.
| 2 |
| Probation may be revoked or modified pursuant to Section | 3 |
| 5-6-4; except
where the court determines at the hearing that | 4 |
| the defendant violated a
condition of his or her probation | 5 |
| restricting contact with the victim or
other family members or | 6 |
| commits another offense with the victim or other
family | 7 |
| members, the court shall revoke the defendant's probation and
| 8 |
| impose a term of imprisonment.
| 9 |
| For the purposes of this Section, "family member" and | 10 |
| "victim" shall have
the meanings ascribed to them in Section | 11 |
| 12-12 of the Criminal Code of
1961.
| 12 |
| (f) This Article shall not deprive a court in other | 13 |
| proceedings to
order a forfeiture of property, to suspend or | 14 |
| cancel a license, to
remove a person from office, or to impose | 15 |
| any other civil penalty.
| 16 |
| (g) Whenever a defendant is convicted of an offense under | 17 |
| Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | 18 |
| 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 | 19 |
| of the Criminal Code of 1961,
the defendant shall undergo | 20 |
| medical testing to
determine whether the defendant has any | 21 |
| sexually transmissible disease,
including a test for infection | 22 |
| with human immunodeficiency virus (HIV) or
any other identified | 23 |
| causative agent of acquired immunodeficiency syndrome
(AIDS). | 24 |
| Any such medical test shall be performed only by appropriately
| 25 |
| licensed medical practitioners and may include an analysis of | 26 |
| any bodily
fluids as well as an examination of the defendant's | 27 |
| person.
Except as otherwise provided by law, the results of | 28 |
| such test shall be kept
strictly confidential by all medical | 29 |
| personnel involved in the testing and must
be personally | 30 |
| delivered in a sealed envelope to the judge of the court in | 31 |
| which
the conviction was entered for the judge's inspection in | 32 |
| camera. Acting in
accordance with the best interests of the | 33 |
| victim and the public, the judge
shall have the discretion to | 34 |
| determine to whom, if anyone, the results of the
testing may be |
|
|
|
09300SB2124sam002 |
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LRB093 13523 DRH 48514 a |
|
| 1 |
| revealed. The court shall notify the defendant
of the test | 2 |
| results. The court shall
also notify the victim if requested by | 3 |
| the victim, and if the victim is under
the age of 15 and if | 4 |
| requested by the victim's parents or legal guardian, the
court | 5 |
| shall notify the victim's parents or legal guardian of the test
| 6 |
| results.
The court shall provide information on the | 7 |
| availability of HIV testing
and counseling at Department of | 8 |
| Public Health facilities to all parties to
whom the results of | 9 |
| the testing are revealed and shall direct the State's
Attorney | 10 |
| to provide the information to the victim when possible.
A | 11 |
| State's Attorney may petition the court to obtain the results | 12 |
| of any HIV test
administered under this Section, and the court | 13 |
| shall grant the disclosure if
the State's Attorney shows it is | 14 |
| relevant in order to prosecute a charge of
criminal | 15 |
| transmission of HIV under Section 12-16.2 of the Criminal Code | 16 |
| of 1961
against the defendant. The court shall order that the | 17 |
| cost of any such test
shall be paid by the county and may be | 18 |
| taxed as costs against the convicted
defendant.
| 19 |
| (g-5) When an inmate is tested for an airborne communicable | 20 |
| disease, as
determined by the Illinois Department of Public | 21 |
| Health including but not
limited to tuberculosis, the results | 22 |
| of the test shall be
personally delivered by the warden or his | 23 |
| or her designee in a sealed envelope
to the judge of the court | 24 |
| in which the inmate must appear for the judge's
inspection in | 25 |
| camera if requested by the judge. Acting in accordance with the
| 26 |
| best interests of those in the courtroom, the judge shall have | 27 |
| the discretion
to determine what if any precautions need to be | 28 |
| taken to prevent transmission
of the disease in the courtroom.
| 29 |
| (h) Whenever a defendant is convicted of an offense under | 30 |
| Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | 31 |
| defendant shall undergo
medical testing to determine whether | 32 |
| the defendant has been exposed to human
immunodeficiency virus | 33 |
| (HIV) or any other identified causative agent of
acquired | 34 |
| immunodeficiency syndrome (AIDS). Except as otherwise provided |
|
|
|
09300SB2124sam002 |
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LRB093 13523 DRH 48514 a |
|
| 1 |
| by
law, the results of such test shall be kept strictly | 2 |
| confidential by all
medical personnel involved in the testing | 3 |
| and must be personally delivered in a
sealed envelope to the | 4 |
| judge of the court in which the conviction was entered
for the | 5 |
| judge's inspection in camera. Acting in accordance with the | 6 |
| best
interests of the public, the judge shall have the | 7 |
| discretion to determine to
whom, if anyone, the results of the | 8 |
| testing may be revealed. The court shall
notify the defendant | 9 |
| of a positive test showing an infection with the human
| 10 |
| immunodeficiency virus (HIV). The court shall provide | 11 |
| information on the
availability of HIV testing and counseling | 12 |
| at Department of Public Health
facilities to all parties to | 13 |
| whom the results of the testing are revealed and
shall direct | 14 |
| the State's Attorney to provide the information to the victim | 15 |
| when
possible. A State's Attorney may petition the court to | 16 |
| obtain the results of
any HIV test administered under this | 17 |
| Section, and the court shall grant the
disclosure if the | 18 |
| State's Attorney shows it is relevant in order to prosecute a
| 19 |
| charge of criminal transmission of HIV under Section 12-16.2 of | 20 |
| the Criminal
Code of 1961 against the defendant. The court | 21 |
| shall order that the cost of any
such test shall be paid by the | 22 |
| county and may be taxed as costs against the
convicted | 23 |
| defendant.
| 24 |
| (i) All fines and penalties imposed under this Section for | 25 |
| any violation
of Chapters 3, 4, 6, and 11 of the Illinois | 26 |
| Vehicle Code, or a similar
provision of a local ordinance, and | 27 |
| any violation
of the Child Passenger Protection Act, or a | 28 |
| similar provision of a local
ordinance, shall be collected and | 29 |
| disbursed by the circuit
clerk as provided under Section 27.5 | 30 |
| of the Clerks of Courts Act.
| 31 |
| (j) In cases when prosecution for any violation of Section | 32 |
| 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, | 33 |
| 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | 34 |
| 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal |
|
|
|
09300SB2124sam002 |
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LRB093 13523 DRH 48514 a |
|
| 1 |
| Code of 1961, any violation of the Illinois Controlled | 2 |
| Substances Act,
or any violation of the Cannabis Control Act | 3 |
| results in conviction, a
disposition of court supervision, or | 4 |
| an order of probation granted under
Section 10 of the Cannabis | 5 |
| Control Act or Section 410 of the Illinois
Controlled Substance | 6 |
| Act of a defendant, the court shall determine whether the
| 7 |
| defendant is employed by a facility or center as defined under | 8 |
| the Child Care
Act of 1969, a public or private elementary or | 9 |
| secondary school, or otherwise
works with children under 18 | 10 |
| years of age on a daily basis. When a defendant
is so employed, | 11 |
| the court shall order the Clerk of the Court to send a copy of
| 12 |
| the judgment of conviction or order of supervision or probation | 13 |
| to the
defendant's employer by certified mail.
If the employer | 14 |
| of the defendant is a school, the Clerk of the Court shall
| 15 |
| direct the mailing of a copy of the judgment of conviction or | 16 |
| order of
supervision or probation to the appropriate regional | 17 |
| superintendent of schools.
The regional superintendent of | 18 |
| schools shall notify the State Board of
Education of any | 19 |
| notification under this subsection.
| 20 |
| (j-5) A defendant at least 17 years of age who is convicted | 21 |
| of a felony and
who has not been previously convicted of a | 22 |
| misdemeanor or felony and who is
sentenced to a term of | 23 |
| imprisonment in the Illinois Department of Corrections
shall as | 24 |
| a condition of his or her sentence be required by the court to | 25 |
| attend
educational courses designed to prepare the defendant | 26 |
| for a high school diploma
and to work toward a high school | 27 |
| diploma or to work toward passing the high
school level Test of | 28 |
| General Educational Development (GED) or to work toward
| 29 |
| completing a vocational training program offered by the | 30 |
| Department of
Corrections. If a defendant fails to complete the | 31 |
| educational training
required by his or her sentence during the | 32 |
| term of incarceration, the Prisoner
Review Board shall, as a | 33 |
| condition of mandatory supervised release, require the
| 34 |
| defendant, at his or her own expense, to pursue a course of |
|
|
|
09300SB2124sam002 |
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LRB093 13523 DRH 48514 a |
|
| 1 |
| study toward a high
school diploma or passage of the GED test. | 2 |
| The Prisoner Review Board shall
revoke the mandatory supervised | 3 |
| release of a defendant who wilfully fails to
comply with this | 4 |
| subsection (j-5) upon his or her release from confinement in a
| 5 |
| penal institution while serving a mandatory supervised release | 6 |
| term; however,
the inability of the defendant after making a | 7 |
| good faith effort to obtain
financial aid or pay for the | 8 |
| educational training shall not be deemed a wilful
failure to | 9 |
| comply. The Prisoner Review Board shall recommit the defendant
| 10 |
| whose mandatory supervised release term has been revoked under | 11 |
| this subsection
(j-5) as provided in Section 3-3-9. This | 12 |
| subsection (j-5) does not apply to a
defendant who has a high | 13 |
| school diploma or has successfully passed the GED
test. This | 14 |
| subsection (j-5) does not apply to a defendant who is | 15 |
| determined by
the court to be developmentally disabled or | 16 |
| otherwise mentally incapable of
completing the educational or | 17 |
| vocational program.
| 18 |
| (k) A court may not impose a sentence or disposition for a
| 19 |
| felony or misdemeanor that requires the defendant to be | 20 |
| implanted or injected
with or to use any form of birth control.
| 21 |
| (l) (A) Except as provided
in paragraph (C) of subsection | 22 |
| (l), whenever a defendant,
who is an alien as defined by | 23 |
| the Immigration and Nationality Act, is convicted
of any | 24 |
| felony or misdemeanor offense, the court after sentencing | 25 |
| the defendant
may, upon motion of the State's Attorney, | 26 |
| hold sentence in abeyance and remand
the defendant to the | 27 |
| custody of the Attorney General of
the United States or his | 28 |
| or her designated agent to be deported when:
| 29 |
| (1) a final order of deportation has been issued | 30 |
| against the defendant
pursuant to proceedings under | 31 |
| the Immigration and Nationality Act, and
| 32 |
| (2) the deportation of the defendant would not | 33 |
| deprecate the seriousness
of the defendant's conduct | 34 |
| and would not be inconsistent with the ends of
justice.
|
|
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|
| 1 |
| Otherwise, the defendant shall be sentenced as | 2 |
| provided in this Chapter V.
| 3 |
| (B) If the defendant has already been sentenced for a | 4 |
| felony or
misdemeanor
offense, or has been placed on | 5 |
| probation under Section 10 of the Cannabis
Control Act or | 6 |
| Section 410 of the Illinois Controlled Substances Act, the | 7 |
| court
may, upon motion of the State's Attorney to suspend | 8 |
| the
sentence imposed, commit the defendant to the custody | 9 |
| of the Attorney General
of the United States or his or her | 10 |
| designated agent when:
| 11 |
| (1) a final order of deportation has been issued | 12 |
| against the defendant
pursuant to proceedings under | 13 |
| the Immigration and Nationality Act, and
| 14 |
| (2) the deportation of the defendant would not | 15 |
| deprecate the seriousness
of the defendant's conduct | 16 |
| and would not be inconsistent with the ends of
justice.
| 17 |
| (C) This subsection (l) does not apply to offenders who | 18 |
| are subject to the
provisions of paragraph (2) of | 19 |
| subsection (a) of Section 3-6-3.
| 20 |
| (D) Upon motion of the State's Attorney, if a defendant | 21 |
| sentenced under
this Section returns to the jurisdiction of | 22 |
| the United States, the defendant
shall be recommitted to | 23 |
| the custody of the county from which he or she was
| 24 |
| sentenced.
Thereafter, the defendant shall be brought | 25 |
| before the sentencing court, which
may impose any sentence | 26 |
| that was available under Section 5-5-3 at the time of
| 27 |
| initial sentencing. In addition, the defendant shall not be | 28 |
| eligible for
additional good conduct credit for | 29 |
| meritorious service as provided under
Section 3-6-6.
| 30 |
| (m) A person convicted of criminal defacement of property | 31 |
| under Section
21-1.3 of the Criminal Code of 1961, in which the | 32 |
| property damage exceeds $300
and the property damaged is a | 33 |
| school building, shall be ordered to perform
community service | 34 |
| that may include cleanup, removal, or painting over the
|
|
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| 1 |
| defacement.
| 2 |
| (n) The court may sentence a person convicted of a | 3 |
| violation of Section
12-19, 12-21, or 16-1.3 of the Criminal | 4 |
| Code of 1961 (i) to an impact
incarceration program if the | 5 |
| person is otherwise eligible for that program
under Section | 6 |
| 5-8-1.1, (ii) to community service, or (iii) if the person is | 7 |
| an
addict or alcoholic, as defined in the Alcoholism and Other | 8 |
| Drug Abuse and
Dependency Act, to a substance or alcohol abuse | 9 |
| program licensed under that
Act.
| 10 |
| (Source: P.A. 92-183, eff. 7-27-01; 92-248, eff. 8-3-01; | 11 |
| 92-283, eff.
1-1-02; 92-340, eff. 8-10-01; 92-418, eff. | 12 |
| 8-17-01; 92-422, eff. 8-17-01;
92-651, eff. 7-11-02; 92-698, | 13 |
| eff. 7-19-02; 93-44, eff. 7-1-03; 93-156, eff.
1-1-04; 93-169, | 14 |
| eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04;
93-546, | 15 |
| eff. 1-1-04; revised 10-9-03.)
| 16 |
| (730 ILCS 5/5-6-4) (from Ch. 38, par. 1005-6-4)
| 17 |
| Sec. 5-6-4. Violation, Modification or Revocation of | 18 |
| Probation, of
Conditional Discharge or Supervision or of a | 19 |
| sentence of county impact
incarceration - Hearing.
| 20 |
| (a) Except in cases where
conditional discharge or | 21 |
| supervision was imposed for a petty offense as
defined in | 22 |
| Section 5-1-17, when a petition is filed charging a violation | 23 |
| of
a condition, the court may:
| 24 |
| (1) in the case of probation violations, order the | 25 |
| issuance of a notice
to the offender to be present by the | 26 |
| County Probation Department or such
other agency | 27 |
| designated by the court to handle probation matters; and in
| 28 |
| the case of conditional discharge or supervision | 29 |
| violations, such notice
to the offender shall be issued by | 30 |
| the Circuit Court Clerk;
and in the case of a violation of | 31 |
| a sentence of county impact incarceration,
such notice | 32 |
| shall be issued by the Sheriff;
| 33 |
| (2) order a summons to the offender to be present for |
|
|
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|
| 1 |
| hearing; or
| 2 |
| (3) order a warrant for the offender's arrest where | 3 |
| there is danger of
his fleeing the jurisdiction or causing | 4 |
| serious harm to others or when the
offender fails to answer | 5 |
| a summons or notice from the clerk of the court or
Sheriff.
| 6 |
| Personal service of the petition for violation of probation | 7 |
| or
the issuance of such warrant, summons or notice shall toll | 8 |
| the period of
probation, conditional discharge, supervision, | 9 |
| or sentence of
county impact incarceration until
the final | 10 |
| determination of the charge, and the term of probation,
| 11 |
| conditional discharge, supervision, or sentence of county | 12 |
| impact
incarceration shall not run until the hearing and
| 13 |
| disposition of the petition for violation.
| 14 |
| (b) The court shall conduct a hearing of the alleged | 15 |
| violation. The
court shall admit the offender to bail pending | 16 |
| the hearing unless the
alleged violation is itself a criminal | 17 |
| offense in which case the
offender shall be admitted to bail on | 18 |
| such terms as are provided in the
Code of Criminal Procedure of | 19 |
| 1963, as amended. In any case where an
offender remains | 20 |
| incarcerated only as a result of his alleged violation of
the | 21 |
| court's earlier order of probation, supervision, conditional
| 22 |
| discharge, or county impact incarceration such hearing shall be | 23 |
| held within
14 days of the onset of
said incarceration, unless | 24 |
| the alleged violation is the commission of
another offense by | 25 |
| the offender during the period of probation, supervision
or | 26 |
| conditional discharge in which case such hearing shall be held | 27 |
| within
the time limits described in Section 103-5 of the Code | 28 |
| of Criminal
Procedure of 1963, as amended.
| 29 |
| (c) The State has the burden of going forward with the | 30 |
| evidence and
proving the violation by the preponderance of the | 31 |
| evidence. The evidence
shall be presented in open court with | 32 |
| the right of confrontation,
cross-examination, and | 33 |
| representation by counsel.
| 34 |
| (d) Probation, conditional discharge, periodic |
|
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LRB093 13523 DRH 48514 a |
|
| 1 |
| imprisonment and
supervision shall not be revoked for failure | 2 |
| to comply with conditions
of a sentence or supervision, which | 3 |
| imposes financial obligations upon the
offender unless such | 4 |
| failure is due to his willful refusal to pay.
| 5 |
| (e) If the court finds that the offender has violated a | 6 |
| condition at
any time prior to the expiration or termination of | 7 |
| the period, it may
continue him on the existing sentence, with | 8 |
| or without modifying or
enlarging the conditions, or may impose | 9 |
| any other sentence that was
available under Section 5-5-3 of | 10 |
| this Code or Section 11-501 of the Illinois
Vehicle Code at the | 11 |
| time of initial sentencing.
If the court finds that the person | 12 |
| has failed to successfully complete his or
her sentence to a | 13 |
| county impact incarceration program, the court may impose any
| 14 |
| other sentence that was available under Section 5-5-3 of this | 15 |
| Code or Section
11-501 of the Illinois Vehicle Code at the time | 16 |
| of initial
sentencing,
except for a sentence of probation or | 17 |
| conditional discharge.
| 18 |
| (f) The conditions of probation, of conditional discharge, | 19 |
| of
supervision, or of a sentence of county impact incarceration | 20 |
| may be
modified by the court on motion of the supervising | 21 |
| agency or on its own motion
or at the request of the offender | 22 |
| after
notice and a hearing.
| 23 |
| (g) A judgment revoking supervision, probation, | 24 |
| conditional
discharge, or a sentence of county impact | 25 |
| incarceration is a final
appealable order.
| 26 |
| (h) Resentencing after revocation of probation, | 27 |
| conditional
discharge, supervision, or a sentence of county | 28 |
| impact
incarceration shall be under Article 4. Time served on
| 29 |
| probation, conditional discharge or supervision shall not be | 30 |
| credited by
the court against a sentence of imprisonment or | 31 |
| periodic imprisonment
unless the court orders otherwise.
| 32 |
| (i) Instead of filing a violation of probation, conditional | 33 |
| discharge,
supervision, or a sentence of county impact | 34 |
| incarceration, an agent or
employee of the
supervising agency |
|
|
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|
| 1 |
| with the concurrence of his or
her
supervisor may serve on the | 2 |
| defendant a Notice of Intermediate Sanctions.
The
Notice shall | 3 |
| contain the technical violation or violations involved, the | 4 |
| date
or dates of the violation or violations, and the | 5 |
| intermediate sanctions to be
imposed. Upon receipt of the | 6 |
| Notice, the defendant shall immediately accept or
reject the | 7 |
| intermediate sanctions. If the sanctions are accepted, they | 8 |
| shall
be imposed immediately. If the intermediate sanctions are | 9 |
| rejected or the
defendant does not respond to the Notice, a | 10 |
| violation of probation, conditional
discharge, supervision, or | 11 |
| a sentence of county impact incarceration
shall be immediately | 12 |
| filed with the court. The
State's Attorney and the sentencing | 13 |
| court shall be notified of the Notice of
Sanctions. Upon | 14 |
| successful completion of the intermediate sanctions, a court
| 15 |
| may not revoke probation, conditional discharge, supervision, | 16 |
| or a
sentence of county impact incarceration or impose
| 17 |
| additional sanctions for the same violation.
A notice of | 18 |
| intermediate sanctions may not be issued for any violation of
| 19 |
| probation, conditional discharge, supervision, or a sentence | 20 |
| of county
impact incarceration which could warrant an
| 21 |
| additional, separate felony charge.
The intermediate sanctions | 22 |
| shall include a term of home detention as provided
in Article | 23 |
| 8A of Chapter V of this Code for multiple or repeat violations | 24 |
| of
the terms and conditions of a sentence of probation, | 25 |
| conditional discharge, or
supervision.
| 26 |
| (Source: P.A. 89-198, eff. 7-21-95; 89-587, eff. 7-31-96; | 27 |
| 89-647, eff.
1-1-97; 90-14, eff. 7-1-97.)
| 28 |
| (730 ILCS 5/5-6-4.1) (from Ch. 38, par. 1005-6-4.1)
| 29 |
| Sec. 5-6-4.1. Violation, Modification or Revocation of
| 30 |
| Conditional Discharge or Supervision - Hearing.)
(a) In cases | 31 |
| where a defendant was placed upon supervision or conditional
| 32 |
| discharge for the commission of a petty offense, upon the oral | 33 |
| or written
motion of the State, or on the court's own motion, |
|
|
|
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|
| 1 |
| which charges that a
violation of a condition of that | 2 |
| conditional discharge or supervision has
occurred, the court | 3 |
| may:
| 4 |
| (1) Conduct a hearing instanter if the offender is present | 5 |
| in court;
| 6 |
| (2) Order the issuance by the court clerk of a notice to | 7 |
| the offender
to be present for a hearing for violation;
| 8 |
| (3) Order summons to the offender to be present; or
| 9 |
| (4) Order a warrant for the offender's arrest.
| 10 |
| The oral motion, if the defendant is present, or the | 11 |
| issuance of such warrant,
summons or notice shall toll the | 12 |
| period of conditional discharge or supervision
until the final | 13 |
| determination of the charge, and the term of conditional
| 14 |
| discharge or supervision shall not run until the hearing and | 15 |
| disposition
of the petition for violation.
| 16 |
| (b) The Court shall admit the offender to bail pending the | 17 |
| hearing.
| 18 |
| (c) The State has the burden of going forward with the | 19 |
| evidence and
proving the violation by the preponderance of the | 20 |
| evidence. The evidence
shall be presented in open court with | 21 |
| the right of confrontation,
cross-examination, and | 22 |
| representation by counsel.
| 23 |
| (d) Conditional discharge or supervision shall not be | 24 |
| revoked for failure
to comply with the conditions of the | 25 |
| discharge or supervision which imposed
financial obligations | 26 |
| upon the offender unless such failure is due to his
wilful | 27 |
| refusal to pay.
| 28 |
| (e) If the court finds that the offender has violated a | 29 |
| condition at
any time prior to the expiration or termination of | 30 |
| the period, it may
continue him on the existing sentence or | 31 |
| supervision with or without modifying
or
enlarging the | 32 |
| conditions, or may impose any other sentence that was
available | 33 |
| under Section 5-5-3 of this Code or Section 11-501 of the | 34 |
| Illinois
Vehicle Code at the time of initial sentencing.
|
|
|
|
09300SB2124sam002 |
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LRB093 13523 DRH 48514 a |
|
| 1 |
| (f) The conditions of conditional discharge and of
| 2 |
| supervision may be modified by the court on motion of the | 3 |
| probation
officer or on its own motion or at the request of the | 4 |
| offender after
notice to the defendant and a hearing.
| 5 |
| (g) A judgment revoking supervision is a final appealable | 6 |
| order.
| 7 |
| (h) Resentencing after revocation of conditional
discharge | 8 |
| or of supervision shall be under Article 4. Time served on
| 9 |
| conditional discharge or supervision shall be credited by
the | 10 |
| court against a sentence of imprisonment or periodic | 11 |
| imprisonment
unless the court orders otherwise.
| 12 |
| (Source: P.A. 81-815.)
| 13 |
| (730 ILCS 5/5-8-7) (from Ch. 38, par. 1005-8-7)
| 14 |
| Sec. 5-8-7. Calculation of Term of Imprisonment.
| 15 |
| (a) A sentence of imprisonment shall commence on the date | 16 |
| on which
the offender is received by the Department or the | 17 |
| institution at which
the sentence is to be served.
| 18 |
| (b) The offender shall be given credit on the determinate
| 19 |
| sentence or maximum term and the
minimum period of imprisonment | 20 |
| for time spent in custody as a
result of the offense for which | 21 |
| the sentence was imposed, at
the rate specified in Section | 22 |
| 3-6-3 of this Code.
Except when prohibited by subsection (d),
| 23 |
| the trial court may give credit to the defendant for time spent | 24 |
| in home
detention, or when the defendant has been confined for | 25 |
| psychiatric or substance
abuse treatment prior to judgment, if | 26 |
| the court finds that the detention or
confinement was | 27 |
| custodial.
| 28 |
| (c) An offender arrested on one charge and prosecuted on | 29 |
| another
charge for conduct which occurred prior to his arrest | 30 |
| shall be given
credit on the determinate sentence or maximum | 31 |
| term and the minimum
term of imprisonment for time spent in | 32 |
| custody under the former
charge not credited against another | 33 |
| sentence.
|
|
|
|
09300SB2124sam002 |
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|
| 1 |
| (d) An offender sentenced to a term of imprisonment for an | 2 |
| offense listed
in paragraph (2) of subsection (c) of Section | 3 |
| 5-5-3 of this Code or in
paragraph (3) of subsection (c-1) of | 4 |
| Section 11-501 of the Illinois Vehicle
Code shall not
receive | 5 |
| credit for time spent in home detention prior to
judgment.
| 6 |
| (Source: P.A. 88-119; 89-647, eff. 1-1-97.)".
|
|