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92_SB1330
LRB9207410ARsb
1 AN ACT concerning vehicles.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Vehicle Code is amended by
5 adding Section 2-128 as follows:
6 (625 ILCS 5/2-128 new)
7 Sec. 2-128. Ignition interlock devices.
8 (a) The Secretary of State shall promulgate rules for
9 the certification of installers of ignition interlock
10 devices, as defined in Section 1-129.1 of this Code. Any
11 person certified by the Secretary of State as an installer of
12 ignition interlock devices shall be required to periodically
13 download data from an ignition interlock device and transfer
14 that data to the Secretary of State.
15 (b) In cases where a person is required to have an
16 ignition installation device installed as a condition of
17 court supervision for a violation of Section 11-501, the
18 Secretary of State, upon receiving data downloaded by an
19 installer of the ignition interlock device, shall transfer
20 that data to the Probation Office of the county in which the
21 person was placed on Court Supervision.
22 (c) The Secretary shall compile and distribute to each
23 Probation Office and State's Attorney's Office in the State a
24 list of persons certified to install ignition interlock
25 devices.
26 (d) The Secretary of State shall be required to conduct
27 seminars to inform and train judges and State's Attorneys in
28 the use of ignition interlock devices for persons placed on
29 court supervision for a violation of Section 11-501 in each
30 judicial circuit and in each district of the Cook County
31 Court system.
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1 (e) The Secretary shall establish a fee schedule to be
2 assessed to persons required to have ignition interlock
3 devices installed as a condition of court supervision for a
4 violation of Section 11-501. The installer of the ignition
5 interlock device shall be required to collect these fees and
6 forward them to the Secretary of State.
7 Section 10. The Unified Code of Corrections is amended
8 by changing Section 5-6-3.1 as follows:
9 (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
10 Sec. 5-6-3.1. Incidents and Conditions of Supervision.
11 (a) When a defendant is placed on supervision, the court
12 shall enter an order for supervision specifying the period of
13 such supervision, and shall defer further proceedings in the
14 case until the conclusion of the period.
15 (b) The period of supervision shall be reasonable under
16 all of the circumstances of the case, but may not be longer
17 than 2 years, unless the defendant has failed to pay the
18 assessment required by Section 10.3 of the Cannabis Control
19 Act or Section 411.2 of the Illinois Controlled Substances
20 Act, in which case the court may extend supervision beyond 2
21 years. Additionally, the court shall order the defendant to
22 perform no less than 30 hours of community service and not
23 more than 120 hours of community service, if community
24 service is available in the jurisdiction and is funded and
25 approved by the county board where the offense was committed,
26 when the offense (1) was related to or in furtherance of the
27 criminal activities of an organized gang or was motivated by
28 the defendant's membership in or allegiance to an organized
29 gang; or (2) is a violation of any Section of Article 24 of
30 the Criminal Code of 1961 where a disposition of supervision
31 is not prohibited by Section 5-6-1 of this Code. The
32 community service shall include, but not be limited to, the
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1 cleanup and repair of any damage caused by violation of
2 Section 21-1.3 of the Criminal Code of 1961 and similar
3 damages to property located within the municipality or county
4 in which the violation occurred. Where possible and
5 reasonable, the community service should be performed in the
6 offender's neighborhood.
7 For the purposes of this Section, "organized gang" has
8 the meaning ascribed to it in Section 10 of the Illinois
9 Streetgang Terrorism Omnibus Prevention Act.
10 (c) The court may in addition to other reasonable
11 conditions relating to the nature of the offense or the
12 rehabilitation of the defendant as determined for each
13 defendant in the proper discretion of the court require that
14 the person:
15 (1) make a report to and appear in person before or
16 participate with the court or such courts, person, or
17 social service agency as directed by the court in the
18 order of supervision;
19 (2) pay a fine and costs;
20 (3) work or pursue a course of study or vocational
21 training;
22 (4) undergo medical, psychological or psychiatric
23 treatment; or treatment for drug addiction or alcoholism;
24 (5) attend or reside in a facility established for
25 the instruction or residence of defendants on probation;
26 (6) support his dependents;
27 (7) refrain from possessing a firearm or other
28 dangerous weapon;
29 (8) and in addition, if a minor:
30 (i) reside with his parents or in a foster
31 home;
32 (ii) attend school;
33 (iii) attend a non-residential program for
34 youth;
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1 (iv) contribute to his own support at home or
2 in a foster home; and
3 (9) make restitution or reparation in an amount not
4 to exceed actual loss or damage to property and pecuniary
5 loss or make restitution under Section 5-5-6 to a
6 domestic violence shelter. The court shall determine the
7 amount and conditions of payment;
8 (10) perform some reasonable public or community
9 service;
10 (11) comply with the terms and conditions of an
11 order of protection issued by the court pursuant to the
12 Illinois Domestic Violence Act of 1986 or an order of
13 protection issued by the court of another state, tribe,
14 or United States territory. If the court has ordered the
15 defendant to make a report and appear in person under
16 paragraph (1) of this subsection, a copy of the order of
17 protection shall be transmitted to the person or agency
18 so designated by the court;
19 (12) reimburse any "local anti-crime program" as
20 defined in Section 7 of the Anti-Crime Advisory Council
21 Act for any reasonable expenses incurred by the program
22 on the offender's case, not to exceed the maximum amount
23 of the fine authorized for the offense for which the
24 defendant was sentenced;
25 (13) contribute a reasonable sum of money, not to
26 exceed the maximum amount of the fine authorized for the
27 offense for which the defendant was sentenced, to a
28 "local anti-crime program", as defined in Section 7 of
29 the Anti-Crime Advisory Council Act;
30 (14) refrain from entering into a designated
31 geographic area except upon such terms as the court finds
32 appropriate. Such terms may include consideration of the
33 purpose of the entry, the time of day, other persons
34 accompanying the defendant, and advance approval by a
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1 probation officer;
2 (15) refrain from having any contact, directly or
3 indirectly, with certain specified persons or particular
4 types of person, including but not limited to members of
5 street gangs and drug users or dealers;
6 (16) refrain from having in his or her body the
7 presence of any illicit drug prohibited by the Cannabis
8 Control Act or the Illinois Controlled Substances Act,
9 unless prescribed by a physician, and submit samples of
10 his or her blood or urine or both for tests to determine
11 the presence of any illicit drug;
12 (17) refrain from operating any motor vehicle not
13 equipped with an ignition interlock device as defined in
14 Section 1-129.1 of the Illinois Vehicle Code that is
15 certified by the National Highway Traffic Safety
16 Administration and installed by an installer who is
17 certified by the Secretary of State. Under this
18 condition the court may allow a defendant who is not
19 self-employed to operate a vehicle owned by the
20 defendant's employer that is not equipped with an
21 ignition interlock device in the course and scope of the
22 defendant's employment;.
23 (18) if ordered to refrain from operating a motor
24 vehicle not equipped with an ignition interlock device
25 pursuant to paragraph (17), return to the installer not
26 less than once every 2 months after installation to allow
27 the installer to download from the ignition interlock
28 device data concerning any attempts to start the vehicle,
29 the defendant's blood alcohol level, and any other data
30 yielded from the ignition interlock device.
31 (d) The court shall defer entering any judgment on the
32 charges until the conclusion of the supervision.
33 (e) At the conclusion of the period of supervision, if
34 the court determines that the defendant has successfully
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1 complied with all of the conditions of supervision, the court
2 shall discharge the defendant and enter a judgment dismissing
3 the charges.
4 (f) Discharge and dismissal upon a successful conclusion
5 of a disposition of supervision shall be deemed without
6 adjudication of guilt and shall not be termed a conviction
7 for purposes of disqualification or disabilities imposed by
8 law upon conviction of a crime. Two years after the
9 discharge and dismissal under this Section, unless the
10 disposition of supervision was for a violation of Sections
11 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
12 Vehicle Code or a similar provision of a local ordinance, or
13 for a violation of Sections 12-3.2 or 16A-3 of the Criminal
14 Code of 1961, in which case it shall be 5 years after
15 discharge and dismissal, a person may have his record of
16 arrest sealed or expunged as may be provided by law.
17 However, any defendant placed on supervision before January
18 1, 1980, may move for sealing or expungement of his arrest
19 record, as provided by law, at any time after discharge and
20 dismissal under this Section. A person placed on supervision
21 for a sexual offense committed against a minor as defined in
22 subsection (g) of Section 5 of the Criminal Identification
23 Act or for a violation of Section 11-501 of the Illinois
24 Vehicle Code or a similar provision of a local ordinance
25 shall not have his or her record of arrest sealed or
26 expunged.
27 (g) A defendant placed on supervision and who during the
28 period of supervision undergoes mandatory drug or alcohol
29 testing, or both, or is assigned to be placed on an approved
30 electronic monitoring device, shall be ordered to pay the
31 costs incidental to such mandatory drug or alcohol testing,
32 or both, and costs incidental to such approved electronic
33 monitoring in accordance with the defendant's ability to pay
34 those costs. The county board with the concurrence of the
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1 Chief Judge of the judicial circuit in which the county is
2 located shall establish reasonable fees for the cost of
3 maintenance, testing, and incidental expenses related to the
4 mandatory drug or alcohol testing, or both, and all costs
5 incidental to approved electronic monitoring, of all
6 defendants placed on supervision. The concurrence of the
7 Chief Judge shall be in the form of an administrative order.
8 The fees shall be collected by the clerk of the circuit
9 court. The clerk of the circuit court shall pay all moneys
10 collected from these fees to the county treasurer who shall
11 use the moneys collected to defray the costs of drug testing,
12 alcohol testing, and electronic monitoring. The county
13 treasurer shall deposit the fees collected in the county
14 working cash fund under Section 6-27001 or Section 6-29002 of
15 the Counties Code, as the case may be.
16 (h) A disposition of supervision is a final order for
17 the purposes of appeal.
18 (i) The court shall impose upon a defendant placed on
19 supervision after January 1, 1992, as a condition of
20 supervision, a fee of $25 for each month of supervision
21 ordered by the court, unless after determining the inability
22 of the person placed on supervision to pay the fee, the court
23 assesses a lesser fee. The court may not impose the fee on a
24 minor who is made a ward of the State under the Juvenile
25 Court Act of 1987 while the minor is in placement. The fee
26 shall be imposed only upon a defendant who is actively
27 supervised by the probation and court services department.
28 The fee shall be collected by the clerk of the circuit court.
29 The clerk of the circuit court shall pay all monies collected
30 from this fee to the county treasurer for deposit in the
31 probation and court services fund pursuant to Section 15.1 of
32 the Probation and Probation Officers Act.
33 (j) All fines and costs imposed under this Section for
34 any violation of Chapters 3, 4, 6, and 11 of the Illinois
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1 Vehicle Code, or a similar provision of a local ordinance,
2 and any violation of the Child Passenger Protection Act, or a
3 similar provision of a local ordinance, shall be collected
4 and disbursed by the circuit clerk as provided under Section
5 27.5 of the Clerks of Courts Act.
6 (k) A defendant at least 17 years of age who is placed
7 on supervision for a misdemeanor in a county of 3,000,000 or
8 more inhabitants and who has not been previously convicted of
9 a misdemeanor or felony may as a condition of his or her
10 supervision be required by the court to attend educational
11 courses designed to prepare the defendant for a high school
12 diploma and to work toward a high school diploma or to work
13 toward passing the high school level Test of General
14 Educational Development (GED) or to work toward completing a
15 vocational training program approved by the court. The
16 defendant placed on supervision must attend a public
17 institution of education to obtain the educational or
18 vocational training required by this subsection (k). The
19 defendant placed on supervision shall be required to pay for
20 the cost of the educational courses or GED test, if a fee is
21 charged for those courses or test. The court shall revoke
22 the supervision of a person who wilfully fails to comply with
23 this subsection (k). The court shall resentence the
24 defendant upon revocation of supervision as provided in
25 Section 5-6-4. This subsection (k) does not apply to a
26 defendant who has a high school diploma or has successfully
27 passed the GED test. This subsection (k) does not apply to a
28 defendant who is determined by the court to be
29 developmentally disabled or otherwise mentally incapable of
30 completing the educational or vocational program.
31 (l) The court shall require a defendant placed on
32 supervision for possession of a substance prohibited by the
33 Cannabis Control Act or Illinois Controlled Substances Act
34 after a previous conviction or disposition of supervision for
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1 possession of a substance prohibited by the Cannabis Control
2 Act or Illinois Controlled Substances Act or a sentence of
3 probation under Section 10 of the Cannabis Control Act or
4 Section 410 of the Illinois Controlled Substances Act and
5 after a finding by the court that the person is addicted, to
6 undergo treatment at a substance abuse program approved by
7 the court.
8 (m) The court shall require a defendant placed on
9 supervision for a violation of Section 3-707 of the Illinois
10 Vehicle Code or a similar provision of a local ordinance, as
11 a condition of supervision, to give proof of his or her
12 financial responsibility as defined in Section 7-315 of the
13 Illinois Vehicle Code. The proof shall be maintained by the
14 defendant in a manner satisfactory to the Secretary of State
15 for a minimum period of one year after the date the proof is
16 first filed. The Secretary of State shall suspend the
17 driver's license of any person determined by the Secretary to
18 be in violation of this subsection.
19 (Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98;
20 90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 90-784, eff.
21 1-1-99; 91-127, eff. 1-1-00; 91-696, eff. 4-13-00; 91-903,
22 eff. 1-1-01.)
23 Section 15. The Probation and Probation Officers Act is
24 amended by adding Section 12.5 as follows:
25 (730 ILCS 110/12.5 new)
26 Sec. 12.5. Report results from ignition interlock
27 device. In cases where a person is placed on court
28 supervision for a violation of Section 11-501 of the Illinois
29 Vehicle Code, the probation office is required to receive and
30 monitor data received from an installer of ignition interlock
31 devices. The probation office must notify the State's
32 Attorney's Office when that data indicates that an attempt to
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1 start the vehicle was made at a time when the defendant's
2 blood alcohol level was 0.03 or higher.
3 Section 99. Effective date. This Act takes effect upon
4 becoming law, except that Sections 10 and 15 take effect six
5 months after the effective date of this amendatory Act of the
6 92nd General Assembly.