Illinois General Assembly - Full Text of HB0722
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Full Text of HB0722  95th General Assembly

HB0722ham001 95TH GENERAL ASSEMBLY

Judiciary II - Criminal Law Committee

Filed: 2/23/2007

 

 


 

 


 
09500HB0722ham001 LRB095 07087 DRH 31903 a

1
AMENDMENT TO HOUSE BILL 722

2     AMENDMENT NO. ______. Amend House Bill 722 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Illinois Vehicle Code is amended by
5 changing Sections 6-205, 6-208 and 6-303 as follows:
 
6     (625 ILCS 5/6-205)  (from Ch. 95 1/2, par. 6-205)
7     Sec. 6-205. Mandatory revocation of license or permit;
8 Hardship cases.
9     (a) Except as provided in this Section, the Secretary of
10 State shall immediately revoke the license, permit, or driving
11 privileges of any driver upon receiving a report of the
12 driver's conviction of any of the following offenses:
13         1. Reckless homicide resulting from the operation of a
14     motor vehicle;
15         2. Violation of Section 11-501 of this Code or a
16     similar provision of a local ordinance relating to the

 

 

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1     offense of operating or being in physical control of a
2     vehicle while under the influence of alcohol, other drug or
3     drugs, intoxicating compound or compounds, or any
4     combination thereof;
5         3. Any felony under the laws of any State or the
6     federal government in the commission of which a motor
7     vehicle was used;
8         4. Violation of Section 11-401 of this Code relating to
9     the offense of leaving the scene of a traffic accident
10     involving death or personal injury;
11         5. Perjury or the making of a false affidavit or
12     statement under oath to the Secretary of State under this
13     Code or under any other law relating to the ownership or
14     operation of motor vehicles;
15         6. Conviction upon 3 charges of violation of Section
16     11-503 of this Code relating to the offense of reckless
17     driving committed within a period of 12 months;
18         7. Conviction of any offense defined in Section 4-102
19     of this Code;
20         8. Violation of Section 11-504 of this Code relating to
21     the offense of drag racing;
22         9. Violation of Chapters 8 and 9 of this Code;
23         10. Violation of Section 12-5 of the Criminal Code of
24     1961 arising from the use of a motor vehicle;
25         11. Violation of Section 11-204.1 of this Code relating
26     to aggravated fleeing or attempting to elude a peace

 

 

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1     officer;
2         12. Violation of paragraph (1) of subsection (b) of
3     Section 6-507, or a similar law of any other state,
4     relating to the unlawful operation of a commercial motor
5     vehicle;
6         13. Violation of paragraph (a) of Section 11-502 of
7     this Code or a similar provision of a local ordinance if
8     the driver has been previously convicted of a violation of
9     that Section or a similar provision of a local ordinance
10     and the driver was less than 21 years of age at the time of
11     the offense.
12     (b) The Secretary of State shall also immediately revoke
13 the license or permit of any driver in the following
14 situations:
15         1. Of any minor upon receiving the notice provided for
16     in Section 5-901 of the Juvenile Court Act of 1987 that the
17     minor has been adjudicated under that Act as having
18     committed an offense relating to motor vehicles prescribed
19     in Section 4-103 of this Code;
20         2. Of any person when any other law of this State
21     requires either the revocation or suspension of a license
22     or permit.
23     (c) Except as provided in subsection (c-5), whenever
24 Whenever a person is convicted of any of the offenses
25 enumerated in this Section, the court may recommend and the
26 Secretary of State in his discretion, without regard to whether

 

 

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1 the recommendation is made by the court may, upon application,
2 issue to the person a restricted driving permit granting the
3 privilege of driving a motor vehicle between the petitioner's
4 residence and petitioner's place of employment or within the
5 scope of the petitioner's employment related duties, or to
6 allow transportation for the petitioner or a household member
7 of the petitioner's family for the receipt of necessary medical
8 care or, if the professional evaluation indicates, provide
9 transportation for the petitioner for alcohol remedial or
10 rehabilitative activity, or for the petitioner to attend
11 classes, as a student, in an accredited educational
12 institution; if the petitioner is able to demonstrate that no
13 alternative means of transportation is reasonably available
14 and the petitioner will not endanger the public safety or
15 welfare; provided that the Secretary's discretion shall be
16 limited to cases where undue hardship would result from a
17 failure to issue the restricted driving permit.
18     If a person's license or permit has been revoked or
19 suspended due to 2 or more convictions of violating Section
20 11-501 of this Code or a similar provision of a local ordinance
21 or a similar out-of-state offense, arising out of separate
22 occurrences, that person, if issued a restricted driving
23 permit, may not operate a vehicle unless it has been equipped
24 with an ignition interlock device as defined in Section
25 1-129.1.
26     If a person's license or permit has been revoked or

 

 

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1 suspended 2 or more times within a 10 year period due to a
2 single conviction of violating Section 11-501 of this Code or a
3 similar provision of a local ordinance or a similar
4 out-of-state offense, and a statutory summary suspension under
5 Section 11-501.1, or 2 or more statutory summary suspensions,
6 or combination of 2 offenses, or of an offense and a statutory
7 summary suspension, arising out of separate occurrences, or if
8 a person has been convicted of one violation of Section 6-303
9 of this Code committed while his or her driver's license,
10 permit, or privilege was revoked because of a violation of
11 Section 9-3 of the Criminal Code of 1961, relating to the
12 offense of reckless homicide, or a similar provision of a law
13 of another state, or because of the offense of aggravated
14 driving under the influence of alcohol, other drug or drugs,
15 intoxicating compound or compounds, or any combination
16 thereof, based on involvement in a motor vehicle accident that
17 caused great bodily harm or permanent disability or
18 disfigurement or death to another, when the violation was a
19 proximate cause of the injuries or death, as provided in
20 subdivision (d)(1)(C) or (d)(1)(F) of Section 11-501 of this
21 Code or a similar provision of a local ordinance or a similar
22 provision of a law of another State, that person, if issued a
23 restricted driving permit, may not operate a vehicle unless it
24 has been equipped with an ignition interlock device as defined
25 in Section 1-129.1. The person must pay to the Secretary of
26 State DUI Administration Fund an amount not to exceed $20 per

 

 

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1 month. The Secretary shall establish by rule the amount and the
2 procedures, terms, and conditions relating to these fees. If
3 the restricted driving permit was issued for employment
4 purposes, then this provision does not apply to the operation
5 of an occupational vehicle owned or leased by that person's
6 employer. In each case the Secretary of State may issue a
7 restricted driving permit for a period he deems appropriate,
8 except that the permit shall expire within one year from the
9 date of issuance. The Secretary may not, however, issue a
10 restricted driving permit to any person whose current
11 revocation is the result of a second or subsequent conviction
12 for a violation of Section 11-501 of this Code or a similar
13 provision of a local ordinance relating to the offense of
14 operating or being in physical control of a motor vehicle while
15 under the influence of alcohol, other drug or drugs,
16 intoxicating compound or compounds, or any similar
17 out-of-state offense, or any combination thereof, until the
18 expiration of at least one year from the date of the
19 revocation. A restricted driving permit issued under this
20 Section shall be subject to cancellation, revocation, and
21 suspension by the Secretary of State in like manner and for
22 like cause as a driver's license issued under this Code may be
23 cancelled, revoked, or suspended; except that a conviction upon
24 one or more offenses against laws or ordinances regulating the
25 movement of traffic shall be deemed sufficient cause for the
26 revocation, suspension, or cancellation of a restricted

 

 

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1 driving permit. The Secretary of State may, as a condition to
2 the issuance of a restricted driving permit, require the
3 applicant to participate in a designated driver remedial or
4 rehabilitative program. The Secretary of State is authorized to
5 cancel a restricted driving permit if the permit holder does
6 not successfully complete the program. However, if an
7 individual's driving privileges have been revoked in
8 accordance with paragraph 13 of subsection (a) of this Section,
9 no restricted driving permit shall be issued until the
10 individual has served 6 months of the revocation period.
11     (c-5)_The Secretary may not issue a restricted driving
12 permit to any person who has been convicted of a second or
13 subsequent violation of Section 6-303 of this Code committed
14 while his or her driver's license, permit, or privilege was
15 revoked because of a violation of Section 9-3 of the Criminal
16 Code of 1961, relating to the offense of reckless homicide, or
17 a similar provision of a law of another state, or because of
18 the offense of aggravated driving under the influence of
19 alcohol, other drug or drugs, intoxicating compound or
20 compounds, or any combination thereof, based on involvement in
21 a motor vehicle accident that caused great bodily harm or
22 permanent disability or disfigurement or death to another, when
23 the violation was a proximate cause of the injuries or death,
24 as provided in subdivision (d)(1)(C) or (d)(1)(F) of Section
25 11-501 of this Code or a similar provision of a local ordinance
26 or a similar provision of a law of another State.

 

 

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1     (d) Whenever a person under the age of 21 is convicted
2 under Section 11-501 of this Code or a similar provision of a
3 local ordinance, the Secretary of State shall revoke the
4 driving privileges of that person. One year after the date of
5 revocation, and upon application, the Secretary of State may,
6 if satisfied that the person applying will not endanger the
7 public safety or welfare, issue a restricted driving permit
8 granting the privilege of driving a motor vehicle only between
9 the hours of 5 a.m. and 9 p.m. or as otherwise provided by this
10 Section for a period of one year. After this one year period,
11 and upon reapplication for a license as provided in Section
12 6-106, upon payment of the appropriate reinstatement fee
13 provided under paragraph (b) of Section 6-118, the Secretary of
14 State, in his discretion, may issue the applicant a license, or
15 extend the restricted driving permit as many times as the
16 Secretary of State deems appropriate, by additional periods of
17 not more than 12 months each, until the applicant attains 21
18 years of age.
19     If a person's license or permit has been revoked or
20 suspended due to 2 or more convictions of violating Section
21 11-501 of this Code or a similar provision of a local ordinance
22 or a similar out-of-state offense, arising out of separate
23 occurrences, that person, if issued a restricted driving
24 permit, may not operate a vehicle unless it has been equipped
25 with an ignition interlock device as defined in Section
26 1-129.1.

 

 

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1     If a person's license or permit has been revoked or
2 suspended 2 or more times within a 10 year period due to a
3 single conviction of violating Section 11-501 of this Code or a
4 similar provision of a local ordinance or a similar
5 out-of-state offense, and a statutory summary suspension under
6 Section 11-501.1, or 2 or more statutory summary suspensions,
7 or combination of 2 offenses, or of an offense and a statutory
8 summary suspension, arising out of separate occurrences, that
9 person, if issued a restricted driving permit, may not operate
10 a vehicle unless it has been equipped with an ignition
11 interlock device as defined in Section 1-129.1. The person must
12 pay to the Secretary of State DUI Administration Fund an amount
13 not to exceed $20 per month. The Secretary shall establish by
14 rule the amount and the procedures, terms, and conditions
15 relating to these fees. If the restricted driving permit was
16 issued for employment purposes, then this provision does not
17 apply to the operation of an occupational vehicle owned or
18 leased by that person's employer. A restricted driving permit
19 issued under this Section shall be subject to cancellation,
20 revocation, and suspension by the Secretary of State in like
21 manner and for like cause as a driver's license issued under
22 this Code may be cancelled, revoked, or suspended; except that
23 a conviction upon one or more offenses against laws or
24 ordinances regulating the movement of traffic shall be deemed
25 sufficient cause for the revocation, suspension, or
26 cancellation of a restricted driving permit. The revocation

 

 

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1 periods contained in this subparagraph shall apply to similar
2 out-of-state convictions.
3     (d-5) The revocation of the license, permit, or driving
4 privileges of a person convicted of a third or subsequent
5 violation of Section 6-303 of this Code committed while his or
6 her driver's license, permit, or privilege was revoked because
7 of a violation of Section 9-3 of the Criminal Code of 1961,
8 relating to the offense of reckless homicide, or a similar
9 provision of a law of another state, or because of the offense
10 of aggravated driving under the influence of alcohol, other
11 drug or drugs, intoxicating compound or compounds, or any
12 combination thereof, based on involvement in a motor vehicle
13 accident that caused great bodily harm or permanent disability
14 or disfigurement or death to another, when the violation was a
15 proximate cause of the injuries or death, as provided in
16 subdivision (d)(1)(C) or (d)(1)(F) of Section 11-501 of this
17 Code or a similar provision of a local ordinance or a similar
18 provision of a law of another State, is permanent. The
19 Secretary may not, at any time, issue a license or permit to
20 that person.
21     (e) This Section is subject to the provisions of the Driver
22 License Compact.
23     (f) Any revocation imposed upon any person under
24 subsections 2 and 3 of paragraph (b) that is in effect on
25 December 31, 1988 shall be converted to a suspension for a like
26 period of time.

 

 

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1     (g) The Secretary of State shall not issue a restricted
2 driving permit to a person under the age of 16 years whose
3 driving privileges have been revoked under any provisions of
4 this Code.
5     (h) The Secretary of State shall require the use of
6 ignition interlock devices on all vehicles owned by an
7 individual who has been convicted of a second or subsequent
8 offense under Section 11-501 of this Code or a similar
9 provision of a local ordinance. The Secretary shall establish
10 by rule and regulation the procedures for certification and use
11 of the interlock system.
12     (i) The Secretary of State may not issue a restricted
13 driving permit for a period of one year after a second or
14 subsequent revocation of driving privileges under clause
15 (a)(2) of this Section; however, one year after the date of a
16 second or subsequent revocation of driving privileges under
17 clause (a)(2) of this Section, the Secretary of State may, upon
18 application, issue a restricted driving permit under the terms
19 and conditions of subsection (c).
20     (j) In accordance with 49 C.F.R. 384, the Secretary of
21 State may not issue a restricted driving permit for the
22 operation of a commercial motor vehicle to a person holding a
23 CDL whose driving privileges have been revoked under any
24 provisions of this Code.
25 (Source: P.A. 93-120, eff. 1-1-04; 94-307, eff. 9-30-05.)
 

 

 

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1     (625 ILCS 5/6-208)  (from Ch. 95 1/2, par. 6-208)
2     Sec. 6-208. Period of Suspension - Application After
3 Revocation.
4     (a) Except as otherwise provided by this Code or any other
5 law of this State, the Secretary of State shall not suspend a
6 driver's license, permit or privilege to drive a motor vehicle
7 on the highways for a period of more than one year.
8     (b) Any person whose license, permit or privilege to drive
9 a motor vehicle on the highways has been revoked shall not be
10 entitled to have such license, permit or privilege renewed or
11 restored. However, such person may, except as provided under
12 subsections subsection (d) and (d-5) of Section 6-205, make
13 application for a license pursuant to Section 6-106 (i) if the
14 revocation was for a cause which has been removed or (ii) as
15 provided in the following subparagraphs:
16         1. Except as provided in subparagraphs 1.5, 2, 3, and
17     4, and 5, the person may make application for a license
18     after the expiration of one year from the effective date of
19     the revocation or, in the case of a violation of paragraph
20     (b) of Section 11-401 of this Code or a similar provision
21     of a local ordinance, after the expiration of 3 years from
22     the effective date of the revocation or, in the case of a
23     violation of Section 9-3 of the Criminal Code of 1961 or a
24     similar provision of a law of another state relating to the
25     offense of reckless homicide or a violation of subparagraph
26     (F) of paragraph 1 of subsection (d) of Section 11-501 of

 

 

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1     this Code relating to aggravated driving under the
2     influence of alcohol, other drug or drugs, intoxicating
3     compound or compounds, or any combination thereof, if the
4     violation was the proximate cause of a death, after the
5     expiration of 2 years from the effective date of the
6     revocation or after the expiration of 24 months from the
7     date of release from a period of imprisonment as provided
8     in Section 6-103 of this Code, whichever is later.
9         1.5. If the person is convicted of a violation of
10     Section 6-303 of this Code committed while his or her
11     driver's license, permit, or privilege was revoked because
12     of a violation of Section 9-3 of the Criminal Code of 1961,
13     relating to the offense of reckless homicide, or a similar
14     provision of a law of another state, or because of the
15     offense of aggravated driving under the influence of
16     alcohol, other drug or drugs, intoxicating compound or
17     compounds, or any combination thereof, based on
18     involvement in a motor vehicle accident that caused great
19     bodily harm or permanent disability or disfigurement or
20     death to another, when the violation was a proximate cause
21     of the injuries or death, as provided in subdivision
22     (d)(1)(C) or (d)(1)(F) of Section 11-501 of this Code or a
23     similar provision of a local ordinance or a similar
24     provision of a law of another State, the person may not
25     make application for a license or permit until the
26     expiration of 3 years from the effective date of the most

 

 

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1     recent revocation.
2         2. If such person is convicted of committing a second
3     violation within a 20 year period of:
4             (A) Section 11-501 of this Code, or a similar
5         provision of a local ordinance; or
6             (B) Paragraph (b) of Section 11-401 of this Code,
7         or a similar provision of a local ordinance; or
8             (C) Section 9-3 of the Criminal Code of 1961, as
9         amended, relating to the offense of reckless homicide;
10         or
11             (D) any combination of the above offenses
12         committed at different instances;
13     then such person may not make application for a license
14     until after the expiration of 5 years from the effective
15     date of the most recent revocation. The 20 year period
16     shall be computed by using the dates the offenses were
17     committed and shall also include similar out-of-state
18     offenses.
19         3. However, except as provided in subparagraph 4, if
20     such person is convicted of committing a third, or
21     subsequent, violation or any combination of the above
22     offenses, including similar out-of-state offenses,
23     contained in subparagraph 2, then such person may not make
24     application for a license until after the expiration of 10
25     years from the effective date of the most recent
26     revocation.

 

 

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1         4. The person may not make application for a license if
2     the person is convicted of committing a fourth or
3     subsequent violation of Section 11-501 of this Code or a
4     similar provision of a local ordinance, Section 11-401 of
5     this Code, Section 9-3 of the Criminal Code of 1961, or a
6     combination of these offenses or similar provisions of
7     local ordinances or similar out-of-state offenses.
8         5. The person may not make application for a license or
9     permit if the person is convicted of a third or subsequent
10     violation of Section 6-303 of this Code committed while his
11     or her driver's license, permit, or privilege was revoked
12     because of a violation of Section 9-3 of the Criminal Code
13     of 1961, relating to the offense of reckless homicide, or a
14     similar provision of a law of another state, or because of
15     the offense of aggravated driving under the influence of
16     alcohol, other drug or drugs, intoxicating compound or
17     compounds, or any combination thereof, based on
18     involvement in a motor vehicle accident that caused great
19     bodily harm or permanent disability or disfigurement or
20     death to another, when the violation was a proximate cause
21     of the injuries or death, as provided in subdivision
22     (d)(1)(C) or (d)(1)(F) of Section 11-501 of this Code or a
23     similar provision of a local ordinance or a similar
24     provision of a law of another State.
25     Notwithstanding any other provision of this Code, all
26 persons referred to in this paragraph (b) may not have their

 

 

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1 privileges restored until the Secretary receives payment of the
2 required reinstatement fee pursuant to subsection (b) of
3 Section 6-118.
4     In no event shall the Secretary issue such license unless
5 and until such person has had a hearing pursuant to this Code
6 and the appropriate administrative rules and the Secretary is
7 satisfied, after a review or investigation of such person, that
8 to grant the privilege of driving a motor vehicle on the
9 highways will not endanger the public safety or welfare.
10     (c) (Blank).
11 (Source: P.A. 92-343, eff. 1-1-02; 92-418, eff. 8-17-01;
12 92-458, eff. 8-22-01; 92-651, eff. 7-11-02; 93-712, eff.
13 1-1-05; 93-788, eff. 1-1-05; revised 10-14-04.)
 
14     (625 ILCS 5/6-303)  (from Ch. 95 1/2, par. 6-303)
15     Sec. 6-303. Driving while driver's license, permit or
16 privilege to operate a motor vehicle is suspended or revoked.
17     (a) Except as otherwise provided in subsection (a-5), any
18 Any person who drives or is in actual physical control of a
19 motor vehicle on any highway of this State at a time when such
20 person's driver's license, permit or privilege to do so or the
21 privilege to obtain a driver's license or permit is revoked or
22 suspended as provided by this Code or the law of another state,
23 except as may be specifically allowed by a judicial driving
24 permit, family financial responsibility driving permit,
25 probationary license to drive, or a restricted driving permit

 

 

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1 issued pursuant to this Code or under the law of another state,
2 shall be guilty of a Class A misdemeanor.
3     (a-5) Any person who violates this Section as provided in
4 subsection (a) while his or her driver's license, permit or
5 privilege is revoked because of a violation of Section 9-3 of
6 the Criminal Code of 1961, relating to the offense of reckless
7 homicide or a similar provision of a law of another state, or
8 because of the offense of aggravated driving under the
9 influence of alcohol, other drug or drugs, intoxicating
10 compound or compounds, or any combination thereof, based on
11 involvement in a motor vehicle accident that caused great
12 bodily harm or permanent disability or disfigurement or death
13 to another, when the violation was a proximate cause of the
14 injuries or death, as provided in subdivision (d)(1)(C) or
15 (d)(1)(F) of Section 11-501 of this Code or a similar provision
16 of a local ordinance or a similar provision of a law of another
17 State, is guilty of a Class 4 felony. The person shall be
18 required to undergo a professional evaluation, as provided in
19 Section 11-501 of this Code, to determine if an alcohol, drug,
20 or intoxicating compound problem exists and the extent of the
21 problem, and to undergo the imposition of treatment as
22 appropriate.
23     (b) The Secretary of State upon receiving a report of the
24 conviction of any violation indicating a person was operating a
25 motor vehicle during the time when said person's driver's
26 license, permit or privilege was suspended by the Secretary, by

 

 

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1 the appropriate authority of another state, or pursuant to
2 Section 11-501.1; except as may be specifically allowed by a
3 probationary license to drive, judicial driving permit or
4 restricted driving permit issued pursuant to this Code or the
5 law of another state; shall extend the suspension for the same
6 period of time as the originally imposed suspension; however,
7 if the period of suspension has then expired, the Secretary
8 shall be authorized to suspend said person's driving privileges
9 for the same period of time as the originally imposed
10 suspension; and if the conviction was upon a charge which
11 indicated that a vehicle was operated during the time when the
12 person's driver's license, permit or privilege was revoked;
13 except as may be allowed by a restricted driving permit issued
14 pursuant to this Code or the law of another state; the
15 Secretary shall not issue a driver's license for an additional
16 period of one year from the date of such conviction indicating
17 such person was operating a vehicle during such period of
18 revocation.
19     (b-5) Any person convicted of violating this Section shall
20 serve a minimum term of imprisonment of 30 consecutive days or
21 300 hours of community service when the person's driving
22 privilege was revoked or suspended as a result of a violation
23 of Section 9-3 of the Criminal Code of 1961, as amended,
24 relating to the offense of reckless homicide, or a similar
25 provision of a law of another state, or because of the offense
26 of aggravated driving under the influence of alcohol, other

 

 

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1 drug or drugs, intoxicating compound or compounds, or any
2 combination thereof, based on involvement in a motor vehicle
3 accident that caused great bodily harm or permanent disability
4 or disfigurement or death to another, when the violation was a
5 proximate cause of the injuries or death, as provided in
6 subdivision (d)(1)(C) or (d)(1)(F) of Section 11-501 of this
7 Code or a similar provision of a local ordinance or a similar
8 provision of a law of another State.
9     (c) Any person convicted of violating this Section shall
10 serve a minimum term of imprisonment of 10 consecutive days or
11 30 days of community service when the person's driving
12 privilege was revoked or suspended as a result of:
13         (1) a violation of Section 11-501 of this Code or a
14     similar provision of a local ordinance relating to the
15     offense of operating or being in physical control of a
16     vehicle while under the influence of alcohol, any other
17     drug or any combination thereof; or
18         (2) a violation of paragraph (b) of Section 11-401 of
19     this Code or a similar provision of a local ordinance
20     relating to the offense of leaving the scene of a motor
21     vehicle accident involving personal injury or death; or
22         (3) a violation of Section 9-3 of the Criminal Code of
23     1961, as amended, relating to the offense of reckless
24     homicide; or
25         (4) a statutory summary suspension under Section
26     11-501.1 of this Code.

 

 

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1     Such sentence of imprisonment or community service shall
2 not be subject to suspension in order to reduce such sentence.
3     (c-1) Except as provided in subsections (c-5) and
4 subsection (d), any person convicted of a second violation of
5 this Section shall be ordered by the court to serve a minimum
6 of 100 hours of community service.
7     (c-2) In addition to other penalties imposed under this
8 Section, the court may impose on any person convicted a fourth
9 time of violating this Section any of the following:
10         (1) Seizure of the license plates of the person's
11     vehicle.
12         (2) Immobilization of the person's vehicle for a period
13     of time to be determined by the court.
14     (c-5) Any person convicted of a second violation of this
15 Section is guilty of a Class 2 felony, is not eligible for
16 probation or conditional discharge, and shall serve a mandatory
17 term of imprisonment, if the revocation or suspension was for a
18 violation of Section 9-3 of the Criminal Code of 1961, relating
19 to the offense of reckless homicide, or a similar out-of-state
20 offense, or because of the offense of aggravated driving under
21 the influence of alcohol, other drug or drugs, intoxicating
22 compound or compounds, or any combination thereof, based on
23 involvement in a motor vehicle accident that caused great
24 bodily harm or permanent disability or disfigurement or death
25 to another, when the violation was a proximate cause of the
26 injuries or death, as provided in subdivision (d)(1)(C) or

 

 

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1 (d)(1)(F) of Section 11-501 of this Code or a similar provision
2 of a local ordinance or a similar provision of a law of another
3 State.
4     (d) Any person convicted of a second violation of this
5 Section shall be guilty of a Class 4 felony and shall serve a
6 minimum term of imprisonment of 30 days or 300 hours of
7 community service, as determined by the court, if the
8 revocation or suspension was for a violation of Section 11-401
9 or 11-501 of this Code, or a similar out-of-state offense, or a
10 similar provision of a local ordinance, a violation of Section
11 9-3 of the Criminal Code of 1961, relating to the offense of
12 reckless homicide, or a similar out-of-state offense, or a
13 statutory summary suspension under Section 11-501.1 of this
14 Code.
15     (d-1) Except as provided in subsections subsection (d-2),
16 (d-2.5), and subsection (d-3), any person convicted of a third
17 or subsequent violation of this Section shall serve a minimum
18 term of imprisonment of 30 days or 300 hours of community
19 service, as determined by the court.
20     (d-2) Any person convicted of a third violation of this
21 Section is guilty of a Class 4 felony and must serve a minimum
22 term of imprisonment of 30 days if the revocation or suspension
23 was for a violation of Section 11-401 or 11-501 of this Code,
24 or a similar out-of-state offense, or a similar provision of a
25 local ordinance, a violation of Section 9-3 of the Criminal
26 Code of 1961, relating to the offense of reckless homicide, or

 

 

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1 a similar out-of-state offense, or a statutory summary
2 suspension under Section 11-501.1 of this Code.
3     (d-2.5) Any person convicted of a third violation of this
4 Section is guilty of a Class 1 felony, is not eligible for
5 probation or conditional discharge, and must serve a mandatory
6 term if the revocation or suspension was for a violation of
7 Section 9-3 of the Criminal Code of 1961, relating to the
8 offense of reckless homicide, or a similar out-of-state
9 offense, or because of the offense of aggravated driving under
10 the influence of alcohol, other drug or drugs, intoxicating
11 compound or compounds, or any combination thereof, based on
12 involvement in a motor vehicle accident that caused great
13 bodily harm or permanent disability or disfigurement or death
14 to another, when the violation was a proximate cause of the
15 injuries or death, as provided in subdivision (d)(1)(C) or
16 (d)(1)(F) of Section 11-501 of this Code or a similar provision
17 of a local ordinance or a similar provision of a law of another
18 State.
19     (d-3) Any person convicted of a fourth, fifth, sixth,
20 seventh, eighth, or ninth violation of this Section is guilty
21 of a Class 4 felony and must serve a minimum term of
22 imprisonment of 180 days if the revocation or suspension was
23 for a violation of Section 11-401 or 11-501 of this Code, or a
24 similar out-of-state offense, or a similar provision of a local
25 ordinance, a violation of Section 9-3 of the Criminal Code of
26 1961, relating to the offense of reckless homicide, or a

 

 

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1 similar out-of-state offense, or a statutory summary
2 suspension under Section 11-501.1 of this Code.
3     (d-3.5) Any person convicted of a fourth or subsequent
4 violation of this Section is guilty of a Class 1 felony, is not
5 eligible for probation or conditional discharge, and must serve
6 a mandatory term of imprisonment, and is eligible for an
7 extended term, if the revocation or suspension was for a
8 violation of Section 9-3 of the Criminal Code of 1961, relating
9 to the offense of reckless homicide, or a similar out-of-state
10 offense, or because of the offense of aggravated driving under
11 the influence of alcohol, other drug or drugs, intoxicating
12 compound or compounds, or any combination thereof, based on
13 involvement in a motor vehicle accident that caused great
14 bodily harm or permanent disability or disfigurement or death
15 to another, when the violation was a proximate cause of the
16 injuries or death, as provided in subdivision (d)(1)(C) or
17 (d)(1)(F) of Section 11-501 of this Code or a similar provision
18 of a local ordinance or a similar provision of a law of another
19 State.
20     (d-4) Any person convicted of a tenth, eleventh, twelfth,
21 thirteenth, or fourteenth violation of this Section is guilty
22 of a Class 3 felony, and is not eligible for probation or
23 conditional discharge, if the revocation or suspension was for
24 a violation of Section 11-401 or 11-501 of this Code, or a
25 similar out-of-state offense, or a similar provision of a local
26 ordinance, a violation of Section 9-3 of the Criminal Code of

 

 

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1 1961, relating to the offense of reckless homicide, or a
2 similar out-of-state offense, or a statutory summary
3 suspension under Section 11-501.1 of this Code.
4     (d-5) Any person convicted of a fifteenth or subsequent
5 violation of this Section is guilty of a Class 2 felony, and is
6 not eligible for probation or conditional discharge, if the
7 revocation or suspension was for a violation of Section 11-401
8 or 11-501 of this Code, or a similar out-of-state offense, or a
9 similar provision of a local ordinance, a violation of Section
10 9-3 of the Criminal Code of 1961, relating to the offense of
11 reckless homicide, or a similar out-of-state offense, or a
12 statutory summary suspension under Section 11-501.1 of this
13 Code.
14     (e) Any person in violation of this Section who is also in
15 violation of Section 7-601 of this Code relating to mandatory
16 insurance requirements, in addition to other penalties imposed
17 under this Section, shall have his or her motor vehicle
18 immediately impounded by the arresting law enforcement
19 officer. The motor vehicle may be released to any licensed
20 driver upon a showing of proof of insurance for the vehicle
21 that was impounded and the notarized written consent for the
22 release by the vehicle owner.
23     (f) For any prosecution under this Section, a certified
24 copy of the driving abstract of the defendant shall be admitted
25 as proof of any prior conviction.
26     (g) The motor vehicle used in a violation of this Section

 

 

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1 is subject to seizure and forfeiture as provided in Sections
2 36-1 and 36-2 of the Criminal Code of 1961 if the person's
3 driving privilege was revoked or suspended as a result of a
4 violation listed in paragraph (1), (2), or (3) of subsection
5 (c) of this Section or as a result of a summary suspension as
6 provided in paragraph (4) of subsection (c) of this Section.
7 (Source: P.A. 94-112, eff. 1-1-06.)
 
8     Section 10. The Unified Code of Corrections is amended by
9 changing Sections 5-5-3, 5-6-1, and 5-6-3 as follows:
 
10     (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
11     Sec. 5-5-3. Disposition.
12     (a) Except as provided in Section 11-501 of the Illinois
13 Vehicle Code, every person convicted of an offense shall be
14 sentenced as provided in this Section.
15     (b) The following options shall be appropriate
16 dispositions, alone or in combination, for all felonies and
17 misdemeanors other than those identified in subsection (c) of
18 this Section:
19         (1) A period of probation.
20         (2) A term of periodic imprisonment.
21         (3) A term of conditional discharge.
22         (4) A term of imprisonment.
23         (5) An order directing the offender to clean up and
24     repair the damage, if the offender was convicted under

 

 

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1     paragraph (h) of Section 21-1 of the Criminal Code of 1961
2     (now repealed).
3         (6) A fine.
4         (7) An order directing the offender to make restitution
5     to the victim under Section 5-5-6 of this Code.
6         (8) A sentence of participation in a county impact
7     incarceration program under Section 5-8-1.2 of this Code.
8         (9) A term of imprisonment in combination with a term
9     of probation when the offender has been admitted into a
10     drug court program under Section 20 of the Drug Court
11     Treatment Act.
12     Neither a fine nor restitution shall be the sole
13 disposition for a felony and either or both may be imposed only
14 in conjunction with another disposition.
15     (c) (1) When a defendant is found guilty of first degree
16     murder the State may either seek a sentence of imprisonment
17     under Section 5-8-1 of this Code, or where appropriate seek
18     a sentence of death under Section 9-1 of the Criminal Code
19     of 1961.
20         (2) A period of probation, a term of periodic
21     imprisonment or conditional discharge shall not be imposed
22     for the following offenses. The court shall sentence the
23     offender to not less than the minimum term of imprisonment
24     set forth in this Code for the following offenses, and may
25     order a fine or restitution or both in conjunction with
26     such term of imprisonment:

 

 

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1             (A) First degree murder where the death penalty is
2         not imposed.
3             (B) Attempted first degree murder.
4             (C) A Class X felony.
5             (D) A violation of Section 401.1 or 407 of the
6         Illinois Controlled Substances Act, or a violation of
7         subdivision (c)(1) or (c)(2) of Section 401 of that Act
8         which relates to more than 5 grams of a substance
9         containing heroin or cocaine or an analog thereof.
10             (E) A violation of Section 5.1 or 9 of the Cannabis
11         Control Act.
12             (F) A Class 2 or greater felony if the offender had
13         been convicted of a Class 2 or greater felony within 10
14         years of the date on which the offender committed the
15         offense for which he or she is being sentenced, except
16         as otherwise provided in Section 40-10 of the
17         Alcoholism and Other Drug Abuse and Dependency Act.
18             (F-5) A violation of Section 24-1, 24-1.1, or
19         24-1.6 of the Criminal Code of 1961 for which
20         imprisonment is prescribed in those Sections.
21             (G) Residential burglary, except as otherwise
22         provided in Section 40-10 of the Alcoholism and Other
23         Drug Abuse and Dependency Act.
24             (H) Criminal sexual assault.
25             (I) Aggravated battery of a senior citizen.
26             (J) A forcible felony if the offense was related to

 

 

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1         the activities of an organized gang.
2             Before July 1, 1994, for the purposes of this
3         paragraph, "organized gang" means an association of 5
4         or more persons, with an established hierarchy, that
5         encourages members of the association to perpetrate
6         crimes or provides support to the members of the
7         association who do commit crimes.
8             Beginning July 1, 1994, for the purposes of this
9         paragraph, "organized gang" has the meaning ascribed
10         to it in Section 10 of the Illinois Streetgang
11         Terrorism Omnibus Prevention Act.
12             (K) Vehicular hijacking.
13             (L) A second or subsequent conviction for the
14         offense of hate crime when the underlying offense upon
15         which the hate crime is based is felony aggravated
16         assault or felony mob action.
17             (M) A second or subsequent conviction for the
18         offense of institutional vandalism if the damage to the
19         property exceeds $300.
20             (N) A Class 3 felony violation of paragraph (1) of
21         subsection (a) of Section 2 of the Firearm Owners
22         Identification Card Act.
23             (O) A violation of Section 12-6.1 of the Criminal
24         Code of 1961.
25             (P) A violation of paragraph (1), (2), (3), (4),
26         (5), or (7) of subsection (a) of Section 11-20.1 of the

 

 

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1         Criminal Code of 1961.
2             (Q) A violation of Section 20-1.2 or 20-1.3 of the
3         Criminal Code of 1961.
4             (R) A violation of Section 24-3A of the Criminal
5         Code of 1961.
6             (S) (Blank).
7             (T) A second or subsequent violation of the
8         Methamphetamine Control and Community Protection Act.
9             (U) A second or subsequent violation of Section
10         6-303 of the Illinois Vehicle Code committed while his
11         or her driver's license, permit, or privilege was
12         revoked because of a violation of Section 9-3 of the
13         Criminal Code of 1961, relating to the offense of
14         reckless homicide, or a similar provision of a law of
15         another state, or because of the offense of aggravated
16         driving under the influence of alcohol, other drug or
17         drugs, intoxicating compound or compounds, or any
18         combination thereof, based on involvement in a motor
19         vehicle accident that caused great bodily harm or
20         permanent disability or disfigurement or death to
21         another, when the violation was a proximate cause of
22         the injuries or death, as provided in subdivision
23         (d)(1)(C) or (d)(1)(F) of Section 11-501 of the
24         Illinois Vehicle Code or a similar provision of a local
25         ordinance or a similar provision of a law of another
26         State.

 

 

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1         (3) (Blank).
2         (4) A minimum term of imprisonment of not less than 10
3     consecutive days or 30 days of community service shall be
4     imposed for a violation of paragraph (c) of Section 6-303
5     of the Illinois Vehicle Code.
6         (4.1) (Blank).
7         (4.2) Except as provided in paragraphs paragraph (4.3)
8     and (4.8) of this subsection (c), a minimum of 100 hours of
9     community service shall be imposed for a second violation
10     of Section 6-303 of the Illinois Vehicle Code.
11         (4.3) A minimum term of imprisonment of 30 days or 300
12     hours of community service, as determined by the court,
13     shall be imposed for a second violation of subsection (c)
14     of Section 6-303 of the Illinois Vehicle Code.
15         (4.4) Except as provided in paragraphs paragraph
16     (4.5), and paragraph (4.6), and (4.9) of this subsection
17     (c), a minimum term of imprisonment of 30 days or 300 hours
18     of community service, as determined by the court, shall be
19     imposed for a third or subsequent violation of Section
20     6-303 of the Illinois Vehicle Code.
21         (4.5) A minimum term of imprisonment of 30 days shall
22     be imposed for a third violation of subsection (c) of
23     Section 6-303 of the Illinois Vehicle Code.
24         (4.6) Except as provided in paragraph (4.10) of this
25     subsection (c), a A minimum term of imprisonment of 180
26     days shall be imposed for a fourth or subsequent violation

 

 

09500HB0722ham001 - 31 - LRB095 07087 DRH 31903 a

1     of subsection (c) of Section 6-303 of the Illinois Vehicle
2     Code.
3         (4.7) A minimum term of imprisonment of not less than
4     30 consecutive days, or 300 hours of community service,
5     shall be imposed for a violation of subsection (a-5) of
6     Section 6-303 of the Illinois Vehicle Code, as provided in
7     subsection (b-5) of that Section.
8         (4.8) A mandatory prison sentence shall be imposed for
9     a second violation of subsection (a-5) of Section 6-303 of
10     the Illinois Vehicle Code, as provided in subsection (c-5)
11     of that Section. The person's driving privileges shall be
12     revoked for a period of not less than 5 years from the date
13     of his or her release from prison.
14         (4.9) A mandatory prison sentence of not less than 4
15     and not more than 15 years shall be imposed for a third
16     violation of subsection (a-5) of Section 6-303 of the
17     Illinois Vehicle Code, as provided in subsection (d-2.5) of
18     that Section. The person's driving privileges shall be
19     revoked for the remainder of his or her life.
20         (4.10) A mandatory prison sentence for a Class 1 felony
21     shall be imposed, and the person shall be eligible for an
22     extended term sentence, for a fourth or subsequent
23     violation of subsection (a-5) of Section 6-303 of the
24     Illinois Vehicle Code, as provided in subsection (d-3.5) of
25     that Section. The persons driving privileges shall be
26     revoked for the remainder of his or her life.

 

 

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1         (5) The court may sentence an offender convicted of a
2     business offense or a petty offense or a corporation or
3     unincorporated association convicted of any offense to:
4             (A) a period of conditional discharge;
5             (B) a fine;
6             (C) make restitution to the victim under Section
7         5-5-6 of this Code.
8         (5.1) In addition to any penalties imposed under
9     paragraph (5) of this subsection (c), and except as
10     provided in paragraph (5.2) or (5.3), a person convicted of
11     violating subsection (c) of Section 11-907 of the Illinois
12     Vehicle Code shall have his or her driver's license,
13     permit, or privileges suspended for at least 90 days but
14     not more than one year, if the violation resulted in damage
15     to the property of another person.
16         (5.2) In addition to any penalties imposed under
17     paragraph (5) of this subsection (c), and except as
18     provided in paragraph (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 180 days but
22     not more than 2 years, if the violation resulted in injury
23     to another person.
24         (5.3) In addition to any penalties imposed under
25     paragraph (5) of this subsection (c), a person convicted of
26     violating subsection (c) of Section 11-907 of the Illinois

 

 

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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         (5.4) In addition to any penalties imposed under
5     paragraph (5) of this subsection (c), a person convicted of
6     violating Section 3-707 of the Illinois Vehicle Code shall
7     have his or her driver's license, permit, or privileges
8     suspended for 3 months and until he or she has paid a
9     reinstatement fee of $100.
10         (5.5) In addition to any penalties imposed under
11     paragraph (5) of this subsection (c), a person convicted of
12     violating Section 3-707 of the Illinois Vehicle Code during
13     a period in which his or her driver's license, permit, or
14     privileges were suspended for a previous violation of that
15     Section shall have his or her driver's license, permit, or
16     privileges suspended for an additional 6 months after the
17     expiration of the original 3-month suspension and until he
18     or she has paid a reinstatement fee of $100.
19         (6) In no case shall an offender be eligible for a
20     disposition of probation or conditional discharge for a
21     Class 1 felony committed while he was serving a term of
22     probation or conditional discharge for a felony.
23         (7) When a defendant is adjudged a habitual criminal
24     under Article 33B of the Criminal Code of 1961, the court
25     shall sentence the defendant to a term of natural life
26     imprisonment.

 

 

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1         (8) When a defendant, over the age of 21 years, is
2     convicted of a Class 1 or Class 2 felony, after having
3     twice been convicted in any state or federal court of an
4     offense that contains the same elements as an offense now
5     classified in Illinois as a Class 2 or greater Class felony
6     and such charges are separately brought and tried and arise
7     out of different series of acts, such defendant shall be
8     sentenced as a Class X offender. This paragraph shall not
9     apply unless (1) the first felony was committed after the
10     effective date of this amendatory Act of 1977; and (2) the
11     second felony was committed after conviction on the first;
12     and (3) the third felony was committed after conviction on
13     the second. A person sentenced as a Class X offender under
14     this paragraph is not eligible to apply for treatment as a
15     condition of probation as provided by Section 40-10 of the
16     Alcoholism and Other Drug Abuse and Dependency Act.
17         (9) A defendant convicted of a second or subsequent
18     offense of ritualized abuse of a child may be sentenced to
19     a term of natural life imprisonment.
20         (10) (Blank).
21         (11) The court shall impose a minimum fine of $1,000
22     for a first offense and $2,000 for a second or subsequent
23     offense upon a person convicted of or placed on supervision
24     for battery when the individual harmed was a sports
25     official or coach at any level of competition and the act
26     causing harm to the sports official or coach occurred

 

 

09500HB0722ham001 - 35 - LRB095 07087 DRH 31903 a

1     within an athletic facility or within the immediate
2     vicinity of the athletic facility at which the sports
3     official or coach was an active participant of the athletic
4     contest held at the athletic facility. For the purposes of
5     this paragraph (11), "sports official" means a person at an
6     athletic contest who enforces the rules of the contest,
7     such as an umpire or referee; "athletic facility" means an
8     indoor or outdoor playing field or recreational area where
9     sports activities are conducted; and "coach" means a person
10     recognized as a coach by the sanctioning authority that
11     conducted the sporting event.
12         (12) A person may not receive a disposition of court
13     supervision for a violation of Section 5-16 of the Boat
14     Registration and Safety Act if that person has previously
15     received a disposition of court supervision for a violation
16     of that Section.
17     (d) In any case in which a sentence originally imposed is
18 vacated, the case shall be remanded to the trial court. The
19 trial court shall hold a hearing under Section 5-4-1 of the
20 Unified Code of Corrections which may include evidence of the
21 defendant's life, moral character and occupation during the
22 time since the original sentence was passed. The trial court
23 shall then impose sentence upon the defendant. The trial court
24 may impose any sentence which could have been imposed at the
25 original trial subject to Section 5-5-4 of the Unified Code of
26 Corrections. If a sentence is vacated on appeal or on

 

 

09500HB0722ham001 - 36 - LRB095 07087 DRH 31903 a

1 collateral attack due to the failure of the trier of fact at
2 trial to determine beyond a reasonable doubt the existence of a
3 fact (other than a prior conviction) necessary to increase the
4 punishment for the offense beyond the statutory maximum
5 otherwise applicable, either the defendant may be re-sentenced
6 to a term within the range otherwise provided or, if the State
7 files notice of its intention to again seek the extended
8 sentence, the defendant shall be afforded a new trial.
9     (e) In cases where prosecution for aggravated criminal
10 sexual abuse under Section 12-16 of the Criminal Code of 1961
11 results in conviction of a defendant who was a family member of
12 the victim at the time of the commission of the offense, the
13 court shall consider the safety and welfare of the victim and
14 may impose a sentence of probation only where:
15         (1) the court finds (A) or (B) or both are appropriate:
16             (A) the defendant is willing to undergo a court
17         approved counseling program for a minimum duration of 2
18         years; or
19             (B) the defendant is willing to participate in a
20         court approved plan including but not limited to the
21         defendant's:
22                 (i) removal from the household;
23                 (ii) restricted contact with the victim;
24                 (iii) continued financial support of the
25             family;
26                 (iv) restitution for harm done to the victim;

 

 

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1             and
2                 (v) compliance with any other measures that
3             the court may deem appropriate; and
4         (2) the court orders the defendant to pay for the
5     victim's counseling services, to the extent that the court
6     finds, after considering the defendant's income and
7     assets, that the defendant is financially capable of paying
8     for such services, if the victim was under 18 years of age
9     at the time the offense was committed and requires
10     counseling as a result of the offense.
11     Probation may be revoked or modified pursuant to Section
12 5-6-4; except where the court determines at the hearing that
13 the defendant violated a condition of his or her probation
14 restricting contact with the victim or other family members or
15 commits another offense with the victim or other family
16 members, the court shall revoke the defendant's probation and
17 impose a term of imprisonment.
18     For the purposes of this Section, "family member" and
19 "victim" shall have the meanings ascribed to them in Section
20 12-12 of the Criminal Code of 1961.
21     (f) This Article shall not deprive a court in other
22 proceedings to order a forfeiture of property, to suspend or
23 cancel a license, to remove a person from office, or to impose
24 any other civil penalty.
25     (g) Whenever a defendant is convicted of an offense under
26 Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1,

 

 

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1 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 12-15 or 12-16
2 of the Criminal Code of 1961, the defendant shall undergo
3 medical testing to determine whether the defendant has any
4 sexually transmissible disease, including a test for infection
5 with human immunodeficiency virus (HIV) or any other identified
6 causative agent of acquired immunodeficiency syndrome (AIDS).
7 Any such medical test shall be performed only by appropriately
8 licensed medical practitioners and may include an analysis of
9 any bodily fluids as well as an examination of the defendant's
10 person. Except as otherwise provided by law, the results of
11 such test shall be kept strictly confidential by all medical
12 personnel involved in the testing and must be personally
13 delivered in a sealed envelope to the judge of the court in
14 which the conviction was entered for the judge's inspection in
15 camera. Acting in accordance with the best interests of the
16 victim and the public, the judge shall have the discretion to
17 determine to whom, if anyone, the results of the testing may be
18 revealed. The court shall notify the defendant of the test
19 results. The court shall also notify the victim if requested by
20 the victim, and if the victim is under the age of 15 and if
21 requested by the victim's parents or legal guardian, the court
22 shall notify the victim's parents or legal guardian of the test
23 results. The court shall provide information on the
24 availability of HIV testing and counseling at Department of
25 Public Health facilities to all parties to whom the results of
26 the testing are revealed and shall direct the State's Attorney

 

 

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1 to provide the information to the victim when possible. A
2 State's Attorney may petition the court to obtain the results
3 of any HIV test administered under this Section, and the court
4 shall grant the disclosure if the State's Attorney shows it is
5 relevant in order to prosecute a charge of criminal
6 transmission of HIV under Section 12-16.2 of the Criminal Code
7 of 1961 against the defendant. The court shall order that the
8 cost of any such test shall be paid by the county and may be
9 taxed as costs against the convicted defendant.
10     (g-5) When an inmate is tested for an airborne communicable
11 disease, as determined by the Illinois Department of Public
12 Health including but not limited to tuberculosis, the results
13 of the test shall be personally delivered by the warden or his
14 or her designee in a sealed envelope to the judge of the court
15 in which the inmate must appear for the judge's inspection in
16 camera if requested by the judge. Acting in accordance with the
17 best interests of those in the courtroom, the judge shall have
18 the discretion to determine what if any precautions need to be
19 taken to prevent transmission of the disease in the courtroom.
20     (h) Whenever a defendant is convicted of an offense under
21 Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
22 defendant shall undergo medical testing to determine whether
23 the defendant has been exposed to human immunodeficiency virus
24 (HIV) or any other identified causative agent of acquired
25 immunodeficiency syndrome (AIDS). Except as otherwise provided
26 by law, the results of such test shall be kept strictly

 

 

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1 confidential by all medical personnel involved in the testing
2 and must be personally delivered in a sealed envelope to the
3 judge of the court in which the conviction was entered for the
4 judge's inspection in camera. Acting in accordance with the
5 best interests of the public, the judge shall have the
6 discretion to determine to whom, if anyone, the results of the
7 testing may be revealed. The court shall notify the defendant
8 of a positive test showing an infection with the human
9 immunodeficiency virus (HIV). The court shall provide
10 information on the availability of HIV testing and counseling
11 at Department of Public Health facilities to all parties to
12 whom the results of the testing are revealed and shall direct
13 the State's Attorney to provide the information to the victim
14 when possible. A State's Attorney may petition the court to
15 obtain the results of any HIV test administered under this
16 Section, and the court shall grant the disclosure if the
17 State's Attorney shows it is relevant in order to prosecute a
18 charge of criminal transmission of HIV under Section 12-16.2 of
19 the Criminal Code of 1961 against the defendant. The court
20 shall order that the cost of any such test shall be paid by the
21 county and may be taxed as costs against the convicted
22 defendant.
23     (i) All fines and penalties imposed under this Section for
24 any violation of Chapters 3, 4, 6, and 11 of the Illinois
25 Vehicle Code, or a similar provision of a local ordinance, and
26 any violation of the Child Passenger Protection Act, or a

 

 

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1 similar provision of a local ordinance, shall be collected and
2 disbursed by the circuit clerk as provided under Section 27.5
3 of the Clerks of Courts Act.
4     (j) In cases when prosecution for any violation of Section
5 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17,
6 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
7 11-21, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal
8 Code of 1961, any violation of the Illinois Controlled
9 Substances Act, any violation of the Cannabis Control Act, or
10 any violation of the Methamphetamine Control and Community
11 Protection Act results in conviction, a disposition of court
12 supervision, or an order of probation granted under Section 10
13 of the Cannabis Control Act, Section 410 of the Illinois
14 Controlled Substance Act, or Section 70 of the Methamphetamine
15 Control and Community Protection Act of a defendant, the court
16 shall determine whether the defendant is employed by a facility
17 or center as defined under the Child Care Act of 1969, a public
18 or private elementary or secondary school, or otherwise works
19 with children under 18 years of age on a daily basis. When a
20 defendant is so employed, the court shall order the Clerk of
21 the Court to send a copy of the judgment of conviction or order
22 of supervision or probation to the defendant's employer by
23 certified mail. If the employer of the defendant is a school,
24 the Clerk of the Court shall direct the mailing of a copy of
25 the judgment of conviction or order of supervision or probation
26 to the appropriate regional superintendent of schools. The

 

 

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1 regional superintendent of schools shall notify the State Board
2 of Education of any notification under this subsection.
3     (j-5) A defendant at least 17 years of age who is convicted
4 of a felony and who has not been previously convicted of a
5 misdemeanor or felony and who is sentenced to a term of
6 imprisonment in the Illinois Department of Corrections shall as
7 a condition of his or her sentence be required by the court to
8 attend educational courses designed to prepare the defendant
9 for a high school diploma and to work toward a high school
10 diploma or to work toward passing the high school level Test of
11 General Educational Development (GED) or to work toward
12 completing a vocational training program offered by the
13 Department of Corrections. If a defendant fails to complete the
14 educational training required by his or her sentence during the
15 term of incarceration, the Prisoner Review Board shall, as a
16 condition of mandatory supervised release, require the
17 defendant, at his or her own expense, to pursue a course of
18 study toward a high school diploma or passage of the GED test.
19 The Prisoner Review Board shall revoke the mandatory supervised
20 release of a defendant who wilfully fails to comply with this
21 subsection (j-5) upon his or her release from confinement in a
22 penal institution while serving a mandatory supervised release
23 term; however, the inability of the defendant after making a
24 good faith effort to obtain financial aid or pay for the
25 educational training shall not be deemed a wilful failure to
26 comply. The Prisoner Review Board shall recommit the defendant

 

 

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1 whose mandatory supervised release term has been revoked under
2 this subsection (j-5) as provided in Section 3-3-9. This
3 subsection (j-5) does not apply to a defendant who has a high
4 school diploma or has successfully passed the GED test. This
5 subsection (j-5) does not apply to a defendant who is
6 determined by the court to be developmentally disabled or
7 otherwise mentally incapable of completing the educational or
8 vocational program.
9     (k) A court may not impose a sentence or disposition for a
10 felony or misdemeanor that requires the defendant to be
11 implanted or injected with or to use any form of birth control.
12     (l) (A) Except as provided in paragraph (C) of subsection
13     (l), whenever a defendant, who is an alien as defined by
14     the Immigration and Nationality Act, is convicted of any
15     felony or misdemeanor offense, the court after sentencing
16     the defendant may, upon motion of the State's Attorney,
17     hold sentence in abeyance and remand the defendant to the
18     custody of the Attorney General of the United States or his
19     or her designated agent to be deported when:
20             (1) a final order of deportation has been issued
21         against the defendant pursuant to proceedings under
22         the Immigration and Nationality Act, and
23             (2) the deportation of the defendant would not
24         deprecate the seriousness of the defendant's conduct
25         and would not be inconsistent with the ends of justice.
26         Otherwise, the defendant shall be sentenced as

 

 

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1     provided in this Chapter V.
2         (B) If the defendant has already been sentenced for a
3     felony or misdemeanor offense, or has been placed on
4     probation under Section 10 of the Cannabis Control Act,
5     Section 410 of the Illinois Controlled Substances Act, or
6     Section 70 of the Methamphetamine Control and Community
7     Protection Act, the court may, upon motion of the State's
8     Attorney to suspend the sentence imposed, commit the
9     defendant to the custody of the Attorney General of the
10     United States or his or her 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

 

 

09500HB0722ham001 - 45 - LRB095 07087 DRH 31903 a

1     initial sentencing. In addition, the defendant shall not be
2     eligible for additional good conduct credit for
3     meritorious service as provided under Section 3-6-6.
4     (m) A person convicted of criminal defacement of property
5 under Section 21-1.3 of the Criminal Code of 1961, in which the
6 property damage exceeds $300 and the property damaged is a
7 school building, shall be ordered to perform community service
8 that may include cleanup, removal, or painting over the
9 defacement.
10     (n) The court may sentence a person convicted of a
11 violation of Section 12-19, 12-21, or 16-1.3 of the Criminal
12 Code of 1961 (i) to an impact incarceration program if the
13 person is otherwise eligible for that program under Section
14 5-8-1.1, (ii) to community service, or (iii) if the person is
15 an addict or alcoholic, as defined in the Alcoholism and Other
16 Drug Abuse and Dependency Act, to a substance or alcohol abuse
17 program licensed under that Act.
18     (o) Whenever a person is convicted of a sex offense as
19 defined in Section 2 of the Sex Offender Registration Act, the
20 defendant's driver's license or permit shall be subject to
21 renewal on an annual basis in accordance with the provisions of
22 license renewal established by the Secretary of State.
23 (Source: P.A. 93-44, eff. 7-1-03; 93-156, eff. 1-1-04; 93-169,
24 eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04; 93-546,
25 eff. 1-1-04; 93-694, eff. 7-9-04; 93-782, eff. 1-1-05; 93-800,
26 eff. 1-1-05; 93-1014, eff. 1-1-05; 94-72, eff. 1-1-06; 94-556,

 

 

09500HB0722ham001 - 46 - LRB095 07087 DRH 31903 a

1 eff. 9-11-05; 94-993, eff. 1-1-07; 94-1035, eff. 7-1-07;
2 revised 8-28-06.)
 
3     (730 ILCS 5/5-6-1)  (from Ch. 38, par. 1005-6-1)
4     Sec. 5-6-1. Sentences of Probation and of Conditional
5 Discharge and Disposition of Supervision. The General Assembly
6 finds that in order to protect the public, the criminal justice
7 system must compel compliance with the conditions of probation
8 by responding to violations with swift, certain and fair
9 punishments and intermediate sanctions. The Chief Judge of each
10 circuit shall adopt a system of structured, intermediate
11 sanctions for violations of the terms and conditions of a
12 sentence of probation, conditional discharge or disposition of
13 supervision.
14     (a) Except where specifically prohibited by other
15 provisions of this Code, the court shall impose a sentence of
16 probation or conditional discharge upon an offender unless,
17 having regard to the nature and circumstance of the offense,
18 and to the history, character and condition of the offender,
19 the court is of the opinion that:
20         (1) his imprisonment or periodic imprisonment is
21     necessary for the protection of the public; or
22         (2) probation or conditional discharge would deprecate
23     the seriousness of the offender's conduct and would be
24     inconsistent with the ends of justice; or
25         (3) a combination of imprisonment with concurrent or

 

 

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

 

 

09500HB0722ham001 - 48 - LRB095 07087 DRH 31903 a

1 defendant, if the defendant is not charged with: (i) a Class A
2 misdemeanor, as defined by the following provisions of the
3 Criminal Code of 1961: Sections 11-9.1; 12-3.2; 12-15; 26-5;
4 31-1; 31-6; 31-7; subsections (b) and (c) of Section 21-1;
5 paragraph (1) through (5), (8), (10), and (11) of subsection
6 (a) of Section 24-1; (ii) a Class A misdemeanor violation of
7 Section 3.01, 3.03-1, or 4.01 of the Humane Care for Animals
8 Act; or (iii) felony. If the defendant is not barred from
9 receiving an order for supervision as provided in this
10 subsection, the court may enter an order for supervision after
11 considering the circumstances of the offense, and the history,
12 character and condition of the offender, if the court is of the
13 opinion that:
14         (1) the offender is not likely to commit further
15     crimes;
16         (2) the defendant and the public would be best served
17     if the defendant were not to receive a criminal record; and
18         (3) in the best interests of justice an order of
19     supervision is more appropriate than a sentence otherwise
20     permitted under this Code.
21     (c-5) Subsections (a), (b), and (c) of this Section do not
22 apply to a defendant charged with a second or subsequent
23 violation of Section 6-303 of the Illinois Vehicle Code
24 committed while his or her driver's license, permit or
25 privileges were revoked because of a violation of Section 9-3
26 of the Criminal Code of 1961, relating to the offense of

 

 

09500HB0722ham001 - 49 - LRB095 07087 DRH 31903 a

1 reckless homicide, or a similar provision of a law of another
2 state, or because of the offense of aggravated driving under
3 the influence of alcohol, other drug or drugs, intoxicating
4 compound or compounds, or any combination thereof, based on
5 involvement in a motor vehicle accident that caused great
6 bodily harm or permanent disability or disfigurement or death
7 to another, when the violation was a proximate cause of the
8 injuries or death, as provided in subdivision (d)(1)(C) or
9 (d)(1)(F) of Section 11-501 of the Illinois Vehicle Code or a
10 similar provision of a local ordinance or a similar provision
11 of a law of another State.
12     (d) The provisions of paragraph (c) shall not apply to a
13 defendant charged with violating Section 11-501 of the Illinois
14 Vehicle Code or a similar provision of a local ordinance when
15 the defendant has previously been:
16         (1) convicted for a violation of Section 11-501 of the
17     Illinois Vehicle Code or a similar provision of a local
18     ordinance or any similar law or ordinance of another state;
19     or
20         (2) assigned supervision for a violation of Section
21     11-501 of the Illinois Vehicle Code or a similar provision
22     of a local ordinance or any similar law or ordinance of
23     another state; or
24         (3) pleaded guilty to or stipulated to the facts
25     supporting a charge or a finding of guilty to a violation
26     of Section 11-503 of the Illinois Vehicle Code or a similar

 

 

09500HB0722ham001 - 50 - LRB095 07087 DRH 31903 a

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

 

 

09500HB0722ham001 - 51 - LRB095 07087 DRH 31903 a

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

 

 

09500HB0722ham001 - 52 - LRB095 07087 DRH 31903 a

1     enters a guilty plea under this provision; or
2         (2) if the defendant has previously been sentenced
3     under the provisions of paragraph (c) on or after January
4     1, 1998 for any serious traffic offense as defined in
5     Section 1-187.001 of the Illinois Vehicle Code.
6     (i) The provisions of paragraph (c) shall not apply to a
7 defendant charged with violating Section 3-707 of the Illinois
8 Vehicle Code or a similar provision of a local ordinance if the
9 defendant has been assigned supervision for a violation of
10 Section 3-707 of the Illinois Vehicle Code or a similar
11 provision of a local ordinance.
12     (j) The provisions of paragraph (c) shall not apply to a
13 defendant charged with violating Section 6-303 of the Illinois
14 Vehicle Code or a similar provision of a local ordinance when
15 the revocation or suspension was for a violation of Section
16 11-501 or a similar provision of a local ordinance or , a
17 violation of Section 11-501.1 or paragraph (b) of Section
18 11-401 of the Illinois Vehicle Code, or a violation of Section
19 9-3 of the Criminal Code of 1961 if the defendant has within
20 the last 10 years been:
21         (1) convicted for a violation of Section 6-303 of the
22     Illinois Vehicle Code or a similar provision of a local
23     ordinance; or
24         (2) assigned supervision for a violation of Section
25     6-303 of the Illinois Vehicle Code or a similar provision
26     of a local ordinance.

 

 

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1     (k) The provisions of paragraph (c) shall not apply to a
2 defendant charged with violating any provision of the Illinois
3 Vehicle Code or a similar provision of a local ordinance that
4 governs the movement of vehicles if, within the 12 months
5 preceding the date of the defendant's arrest, the defendant has
6 been assigned court supervision on 2 occasions for a violation
7 that governs the movement of vehicles under the Illinois
8 Vehicle Code or a similar provision of a local ordinance.
9     (l) A defendant charged with violating any provision of the
10 Illinois Vehicle Code who, after a court appearance in the same
11 matter, receives a disposition of supervision under subsection
12 (c) shall pay an additional fee of $20, to be collected as
13 provided in Sections 27.5 and 27.6 of the Clerks of Courts Act.
14 In addition to the $20 fee, the person shall also pay a fee of
15 $5, which, if not waived by the court, shall be collected as
16 provided in Sections 27.5 and 27.6 of the Clerks of Courts Act.
17 The $20 fee shall be disbursed as provided in Section 16-104c
18 of the Illinois Vehicle Code. If the $5 fee is collected, $4.50
19 of the fee shall be deposited into the Circuit Court Clerk
20 Operation and Administrative Fund created by the Clerk of the
21 Circuit Court and 50 cents of the fee shall be deposited into
22 the Prisoner Review Board Vehicle and Equipment Fund in the
23 State treasury.
24 (Source: P.A. 93-388, eff. 7-25-03; 93-1014, eff. 1-1-05;
25 94-169, eff. 1-1-06; 94-330, eff. 1-1-06; 94-375, eff. 1-1-06;
26 94-1009, eff. 1-1-07.)".