Full Text of SB2658 93rd General Assembly
SB2658 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2658
Introduced 2/4/2004, by Dale A. Righter SYNOPSIS AS INTRODUCED: |
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730 ILCS 5/5-6-1 |
from Ch. 38, par. 1005-6-1 |
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Amends the Unified Code of Corrections. Provides that a person charged with a Class A misdemeanor violation of sexual exploitation of a child may not receive a disposition of supervision.
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A BILL FOR
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SB2658 |
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LRB093 20762 RLC 46659 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Unified Code of Corrections is amended by | 5 |
| changing Section 5-6-1 as follows:
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| (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
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| Sec. 5-6-1. Sentences of Probation and of Conditional
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| Discharge and Disposition of Supervision.
The General Assembly | 9 |
| finds that in order to protect the public, the
criminal justice | 10 |
| system must compel compliance with the conditions of probation
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| by responding to violations with swift, certain and fair | 12 |
| punishments and
intermediate sanctions. The Chief Judge of each | 13 |
| circuit shall adopt a system of
structured, intermediate | 14 |
| sanctions for violations of the terms and conditions
of a | 15 |
| sentence of probation, conditional discharge or disposition of
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| supervision.
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| (a) Except where specifically prohibited by other
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| provisions of this Code, the court shall impose a sentence
of | 19 |
| probation or conditional discharge upon an offender
unless, | 20 |
| having regard to the nature and circumstance of
the offense, | 21 |
| and to the history, character and condition
of the offender, | 22 |
| the court is of the opinion that:
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| (1) his imprisonment or periodic imprisonment is | 24 |
| necessary
for the protection of the public; or
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| (2) probation or conditional discharge would deprecate
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| the seriousness of the offender's conduct and would be
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| inconsistent with the ends of justice.
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| The court shall impose as a condition of a sentence of | 29 |
| probation,
conditional discharge, or supervision, that the | 30 |
| probation agency may invoke any
sanction from the list of | 31 |
| intermediate sanctions adopted by the chief judge of
the | 32 |
| circuit court for violations of the terms and conditions of the |
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SB2658 |
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LRB093 20762 RLC 46659 b |
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| sentence of
probation, conditional discharge, or supervision, | 2 |
| subject to the provisions of
Section 5-6-4 of this Act.
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| (b) The court may impose a sentence of conditional
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| discharge for an offense if the court is of the opinion
that | 5 |
| neither a sentence of imprisonment nor of periodic
imprisonment | 6 |
| nor of probation supervision is appropriate.
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| (c) The court may, upon a plea of guilty or a stipulation
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| by the defendant of the facts supporting the charge or a
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| finding of guilt, defer further proceedings and the
imposition | 10 |
| of a sentence, and enter an order for supervision of the | 11 |
| defendant,
if the defendant is not charged with: (i) a Class A | 12 |
| misdemeanor, as
defined by the following provisions of the | 13 |
| Criminal Code of 1961: Sections
11-9.1; 12-3.2; 12-15; 26-5; | 14 |
| 31-1; 31-6; 31-7; subsections (b) and (c) of Section
21-1;
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| paragraph (1) through (5), (8), (10), and (11) of subsection | 16 |
| (a) of Section
24-1; (ii) a Class A misdemeanor violation of | 17 |
| Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals | 18 |
| Act; or (iii)
felony.
If the defendant
is not barred from | 19 |
| receiving an order for supervision as provided in this
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| subsection, the court may enter an order for supervision after | 21 |
| considering the
circumstances of the offense, and the history,
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| character and condition of the offender, if the court is of the | 23 |
| opinion
that:
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| (1) the offender is not likely to commit further | 25 |
| crimes;
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| (2) the defendant and the public would be best served | 27 |
| if the
defendant were not to receive a criminal record; and
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| (3) in the best interests of justice an order of | 29 |
| supervision
is more appropriate than a sentence otherwise | 30 |
| permitted under this Code.
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| (d) The provisions of paragraph (c) shall not apply to a | 32 |
| defendant charged
with violating Section 11-501 of the Illinois | 33 |
| Vehicle Code or a similar
provision of a local
ordinance when | 34 |
| the defendant has previously been:
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| (1) convicted for a violation of Section 11-501 of
the | 36 |
| Illinois Vehicle
Code or a similar provision of a
local |
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LRB093 20762 RLC 46659 b |
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| ordinance or any similar law or ordinance of another state; | 2 |
| or
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| (2) assigned supervision for a violation of Section | 4 |
| 11-501 of the Illinois
Vehicle Code or a similar provision | 5 |
| of a local ordinance or any similar law
or ordinance of | 6 |
| another state; or
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| (3) pleaded guilty to or stipulated to the facts | 8 |
| supporting
a charge or a finding of guilty to a violation | 9 |
| of Section 11-503 of the
Illinois Vehicle Code or a similar | 10 |
| provision of a local ordinance or any
similar law or | 11 |
| ordinance of another state, and the
plea or stipulation was | 12 |
| the result of a plea agreement.
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| The court shall consider the statement of the prosecuting
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| authority with regard to the standards set forth in this | 15 |
| Section.
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| (e) The provisions of paragraph (c) shall not apply to a | 17 |
| defendant
charged with violating Section 16A-3 of the Criminal | 18 |
| Code of 1961 if said
defendant has within the last 5 years | 19 |
| been:
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| (1) convicted for a violation of Section 16A-3 of the | 21 |
| Criminal Code of
1961; or
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| (2) assigned supervision for a violation of Section | 23 |
| 16A-3 of the Criminal
Code of 1961.
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| The court shall consider the statement of the prosecuting | 25 |
| authority with
regard to the standards set forth in this | 26 |
| Section.
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| (f) The provisions of paragraph (c) shall not apply to a | 28 |
| defendant
charged with violating Sections 15-111, 15-112, | 29 |
| 15-301, paragraph (b)
of Section 6-104, Section 11-605, or | 30 |
| Section 11-1414
of the Illinois Vehicle Code or a similar | 31 |
| provision of a local ordinance.
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| (g) Except as otherwise provided in paragraph (i) of this | 33 |
| Section, the
provisions of paragraph (c) shall not apply to a
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| defendant charged with violating Section
3-707, 3-708, 3-710, | 35 |
| or 5-401.3
of the Illinois Vehicle Code or a similar provision | 36 |
| of a local ordinance if the
defendant has within the last 5 |
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LRB093 20762 RLC 46659 b |
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| years been:
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| (1) convicted for a violation of Section 3-707, 3-708, | 3 |
| 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | 4 |
| provision of a local
ordinance; or
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| (2) assigned supervision for a violation of Section | 6 |
| 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle | 7 |
| Code or a similar provision of a local
ordinance.
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| The court shall consider the statement of the prosecuting | 9 |
| authority with
regard to the standards set forth in this | 10 |
| Section.
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| (h) The provisions of paragraph (c) shall not apply to a | 12 |
| defendant under
the age of 21 years charged with violating a | 13 |
| serious traffic offense as defined
in Section 1-187.001 of the | 14 |
| Illinois Vehicle Code:
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| (1) unless the defendant, upon payment of the fines, | 16 |
| penalties, and costs
provided by law, agrees to attend and | 17 |
| successfully complete a traffic safety
program approved by | 18 |
| the court under standards set by the Conference of Chief
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| Circuit Judges. The accused shall be responsible for | 20 |
| payment of any traffic
safety program fees. If the accused | 21 |
| fails to file a certificate of
successful completion on or | 22 |
| before the termination date of the supervision
order, the | 23 |
| supervision shall be summarily revoked and conviction | 24 |
| entered. The
provisions of Supreme Court Rule 402 relating | 25 |
| to pleas of guilty do not apply
in cases when a defendant | 26 |
| enters a guilty plea under this provision; or
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| (2) if the defendant has previously been sentenced | 28 |
| under the provisions of
paragraph (c) on or after January | 29 |
| 1, 1998 for any serious traffic offense as
defined in | 30 |
| Section 1-187.001 of the Illinois Vehicle Code.
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| (i) The provisions of paragraph (c) shall not apply to a | 32 |
| defendant charged
with violating Section 3-707 of the Illinois | 33 |
| Vehicle Code or a similar
provision of a local ordinance if the | 34 |
| defendant has been assigned supervision
for a violation of | 35 |
| Section 3-707 of the Illinois Vehicle Code or a similar
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| provision of a local ordinance.
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LRB093 20762 RLC 46659 b |
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| (j) The provisions of paragraph (c) shall not apply to a
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| defendant charged with violating
Section 6-303 of the Illinois | 3 |
| Vehicle Code or a similar provision of
a local ordinance when | 4 |
| the revocation or suspension was for a violation of
Section | 5 |
| 11-501 or a similar provision of a local ordinance, a violation | 6 |
| of
Section 11-501.1 or paragraph (b) of Section 11-401 of the | 7 |
| Illinois Vehicle
Code, or a violation of Section 9-3 of the | 8 |
| Criminal Code of 1961 if the
defendant has within the last 10 | 9 |
| years been:
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| (1) convicted for a violation of Section 6-303 of the | 11 |
| Illinois Vehicle
Code or a similar provision of a local | 12 |
| ordinance; or
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| (2) assigned supervision for a violation of Section | 14 |
| 6-303 of the Illinois
Vehicle Code or a similar provision | 15 |
| of a local ordinance.
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| (Source: P.A. 93-388, eff. 7-25-03.)
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