Rep. Randy Ramey, Jr.

Filed: 3/6/2012

 

 


 

 


 
09700HB5214ham002LRB097 18776 HEP 67182 a

1
AMENDMENT TO HOUSE BILL 5214

2    AMENDMENT NO. ______. Amend House Bill 5214 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 1-144.5, 6-206.1, and 6-303, and 11-501 and
6by adding Section 1-111.9a as follows:
 
7    (625 ILCS 5/1-111.9a new)
8    Sec. 1-111.9a. Continuous alcohol monitoring device. A
9device that automatically tests breath, blood, or transdermal
10alcohol concentration levels at least once every hour and
11detects tamper attempts, regardless of the location of the
12person who is being monitored, and regularly transmits the
13data.
 
14    (625 ILCS 5/1-144.5)
15    Sec. 1-144.5. Monitoring device driving permit. A permit

 

 

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1that allows a person whose driver's license has been summarily
2suspended under Section 11-501.1 to drive a vehicle, for the
3applicable period described in Section 6-206.1, if the vehicle
4is equipped with an ignition interlock device as defined in
5Section 1-129.1 or if the person abstains from alcohol and
6wears a continuous alcohol monitoring device as defined in
7Section 1-111.9a.
8(Source: P.A. 95-400, eff. 1-1-09.)
 
9    (625 ILCS 5/6-206.1)  (from Ch. 95 1/2, par. 6-206.1)
10    Sec. 6-206.1. Monitoring Device Driving Permit.
11Declaration of Policy. It is hereby declared a policy of the
12State of Illinois that the driver who is impaired by alcohol,
13other drug or drugs, or intoxicating compound or compounds is a
14threat to the public safety and welfare. Therefore, to provide
15a deterrent to such practice, a statutory summary driver's
16license suspension is appropriate. It is also recognized that
17driving is a privilege and therefore, that the granting of
18driving privileges, in a manner consistent with public safety,
19is warranted during the period of suspension in the form of a
20monitoring device driving permit. A person who drives and fails
21to comply with the requirements of the monitoring device
22driving permit commits a violation of Section 6-303 of this
23Code.
24    The following procedures shall apply whenever a first
25offender, as defined in Section 11-500 of this Code, is

 

 

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1arrested for any offense as defined in Section 11-501 or a
2similar provision of a local ordinance and is subject to the
3provisions of Section 11-501.1:
4    (a) Upon mailing of the notice of suspension of driving
5privileges as provided in subsection (h) of Section 11-501.1 of
6this Code, the Secretary shall also send written notice
7informing the person that he or she will be issued a monitoring
8device driving permit (MDDP). The notice shall include, at
9minimum, information summarizing the procedure to be followed
10for issuance of the MDDP, installation of the breath alcohol
11ignition installation device (BAIID) or fitting of the
12continuous alcohol monitoring device, as provided in this
13Section, exemption from BAIID installation requirements, and
14procedures to be followed by those seeking indigent status, as
15provided in this Section. The notice shall also include
16information summarizing the procedure to be followed if the
17person wishes to decline issuance of the MDDP. A copy of the
18notice shall also be sent to the court of venue together with
19the notice of suspension of driving privileges, as provided in
20subsection (h) of Section 11-501. However, a MDDP shall not be
21issued if the Secretary finds that:
22        (1) The offender's driver's license is otherwise
23    invalid;
24        (2) Death or great bodily harm resulted from the arrest
25    for Section 11-501;
26        (3) The offender has been previously convicted of

 

 

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1    reckless homicide or aggravated driving under the
2    influence involving death; or
3        (4) The offender is less than 18 years of age.
4    Any offender participating in the MDDP program must pay the
5Secretary a MDDP Administration Fee in an amount not to exceed
6$30 per month, to be deposited into the Monitoring Device
7Driving Permit Administration Fee Fund. The Secretary shall
8establish by rule the amount and the procedures, terms, and
9conditions relating to these fees. The offender must have an
10ignition interlock device installed or be fitted with a
11continuous alcohol monitoring device within 14 days of the date
12the Secretary issues the MDDP. The ignition interlock device or
13continuous alcohol monitoring device provider must notify the
14Secretary, in a manner and form prescribed by the Secretary, of
15the installation or fitting. If the Secretary does not receive
16notice of installation or fitting, the Secretary shall cancel
17the MDDP.
18    A MDDP shall not become effective prior to the 31st day of
19the original statutory summary suspension.
20    Upon receipt of the notice, as provided in paragraph (a) of
21this Section, the person may file a petition to decline
22issuance of the MDDP with the court of venue. The court shall
23admonish the offender of all consequences of declining issuance
24of the MDDP including, but not limited to, the enhanced
25penalties for driving while suspended. After being so
26admonished, the offender shall be permitted, in writing, to

 

 

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1execute a notice declining issuance of the MDDP. This notice
2shall be filed with the court and forwarded by the clerk of the
3court to the Secretary. The offender may, at any time
4thereafter, apply to the Secretary for issuance of a MDDP.
5    (a-1) A person issued a MDDP may drive for any purpose and
6at any time, subject to the rules adopted by the Secretary
7under subsection (g). The person must, at his or her own
8expense, wear on his or her ankle a continuous alcohol
9monitoring device as defined in Section 1-111.9a or drive only
10vehicles equipped with an ignition interlock device as defined
11in Section 1-129.1, but in no event shall such person drive a
12commercial motor vehicle.
13    (a-2) Persons who are issued a MDDP and must drive
14employer-owned vehicles in the course of their employment
15duties may seek permission to drive an employer-owned vehicle
16that does not have an ignition interlock device. The employer
17shall provide to the Secretary a form, as prescribed by the
18Secretary, completed by the employer verifying that the
19employee must drive an employer-owned vehicle in the course of
20employment. If approved by the Secretary, the form must be in
21the driver's possession while operating an employer-owner
22vehicle not equipped with an ignition interlock device. No
23person may use this exemption to drive a school bus, school
24vehicle, or a vehicle designed to transport more than 15
25passengers. No person may use this exemption to drive an
26employer-owned motor vehicle that is owned by an entity that is

 

 

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1wholly or partially owned by the person holding the MDDP, or by
2a family member of the person holding the MDDP. No person may
3use this exemption to drive an employer-owned vehicle that is
4made available to the employee for personal use. No person may
5drive the exempted vehicle more than 12 hours per day, 6 days
6per week.
7    (a-3) Persons who are issued a MDDP and who must drive a
8farm tractor to and from a farm, within 50 air miles from the
9originating farm are exempt from installation of a BAIID on the
10farm tractor, so long as the farm tractor is being used for the
11exclusive purpose of conducting farm operations.
12    (b) (Blank).
13    (c) (Blank).
14    (c-1) If the holder of the MDDP is convicted of or receives
15court supervision for a violation of Section 6-206.2, 6-303,
1611-204, 11-204.1, 11-401, 11-501, 11-503, 11-506 or a similar
17provision of a local ordinance or a similar out-of-state
18offense or is convicted of or receives court supervision for
19any offense for which alcohol or drugs is an element of the
20offense and in which a motor vehicle was involved (for an
21arrest other than the one for which the MDDP is issued), or
22de-installs the BAIID or removes the continuous alcohol
23monitoring device without prior authorization from the
24Secretary, the MDDP shall be cancelled.
25    (c-2) If the holder of the MDDP has been fitted with a
26continuous alcohol monitoring device and the continuous

 

 

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1alcohol monitoring device detects the presence of alcohol in
2the person's system, the person shall be required to install an
3ignition interlock device and shall be subject to the rules
4governing ignition interlock devices. If, after giving notice
5of the requirement to install the ignition interlock device,
6the Secretary does not receive notice of installation of an
7ignition interlock device within 14 days, the Secretary shall
8cancel the MDDP.
9    (c-5) If the Secretary determines that the person seeking
10the MDDP is indigent, the Secretary shall provide the person
11with a written document as evidence of that determination, and
12the person shall provide that written document to an ignition
13interlock device provider. The provider shall install an
14ignition interlock device on that person's vehicle without
15charge to the person, and seek reimbursement from the Indigent
16BAIID Fund. If the Secretary has deemed an offender indigent,
17the BAIID provider shall also provide the normal monthly
18monitoring services and the de-installation without charge to
19the offender and seek reimbursement from the Indigent BAIID
20Fund. Any other monetary charges, such as a lockout fee or
21reset fee, shall be the responsibility of the MDDP holder. A
22BAIID provider may not seek a security deposit from the
23Indigent BAIID Fund. Nothing in this subsection (c-5) gives a
24person who is indigent the right to be fitted with a continuous
25alcohol monitoring device without payment of fees.
26    (d) MDDP information shall be available only to the courts,

 

 

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1police officers, and the Secretary, except during the actual
2period the MDDP is valid, during which time it shall be a
3public record.
4    (e) (Blank).
5    (f) (Blank).
6    (g) The Secretary shall adopt rules for implementing this
7Section. The rules adopted shall address issues including, but
8not limited to: compliance with the requirements of the MDDP;
9methods for determining compliance with those requirements;
10the consequences of noncompliance with those requirements;
11what constitutes a violation of the MDDP; methods for
12determining indigency; and the duties of a person or entity
13that supplies the ignition interlock device or continuous
14alcohol monitoring device.
15    (h) The rules adopted under subsection (g) shall provide,
16at a minimum, that the person is not in compliance with the
17requirements of the MDDP if he or she:
18        (1) tampers or attempts to tamper with or circumvent
19    the proper operation of the ignition interlock device or
20    continuous alcohol monitoring device;
21        (2) provides valid breath samples that register blood
22    alcohol levels in excess of the number of times allowed
23    under the rules;
24        (3) fails to provide evidence sufficient to satisfy the
25    Secretary that the ignition interlock device has been
26    installed in the designated vehicle or vehicles or that the

 

 

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1    person has been fitted with a continuous alcohol monitoring
2    device; or
3        (4) fails to follow any other applicable rules adopted
4    by the Secretary.
5    (i) Any person or entity that supplies an ignition
6interlock device as provided under this Section shall, in
7addition to supplying only those devices which fully comply
8with all the rules adopted under subsection (g), provide the
9Secretary, within 7 days of inspection, all monitoring reports
10of each person who has had an ignition interlock device
11installed. These reports shall be furnished in a manner or form
12as prescribed by the Secretary.
13    (i-5) A person or entity that supplies a continuous alcohol
14monitoring device as provided under this Section shall, in
15addition to supplying only those devices which fully comply
16with all the rules adopted under subsection (g), provide the
17Secretary, within 7 days of inspection, all monitoring reports
18of each person who has been fitted with a continuous alcohol
19monitoring device. These reports shall be furnished in a manner
20or form as prescribed by the Secretary.
21    (j) Upon making a determination that a violation of the
22requirements of the MDDP has occurred, the Secretary shall
23extend the summary suspension period for an additional 3 months
24beyond the originally imposed summary suspension period,
25during which time the person shall only be allowed to drive
26while fitted with a continuous alcohol monitoring device or

 

 

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1drive vehicles equipped with an ignition interlock device;
2provided further there are no limitations on the total number
3of times the summary suspension may be extended. The Secretary
4may, however, limit the number of extensions imposed for
5violations occurring during any one monitoring period, as set
6forth by rule. Any person whose summary suspension is extended
7pursuant to this Section shall have the right to contest the
8extension through a hearing with the Secretary, pursuant to
9Section 2-118 of this Code. If the summary suspension has
10already terminated prior to the Secretary receiving the
11monitoring report that shows a violation, the Secretary shall
12be authorized to suspend the person's driving privileges for 3
13months, provided that the Secretary may, by rule, limit the
14number of suspensions to be entered pursuant to this paragraph
15for violations occurring during any one monitoring period. Any
16person whose license is suspended pursuant to this paragraph,
17after the summary suspension had already terminated, shall have
18the right to contest the suspension through a hearing with the
19Secretary, pursuant to Section 2-118 of this Code. The only
20permit the person shall be eligible for during this new
21suspension period is a MDDP.
22    (k) A person who has had his or her summary suspension
23extended for the third time, or has any combination of 3
24extensions and new suspensions, entered as a result of a
25violation that occurred while holding the MDDP, so long as the
26extensions and new suspensions relate to the same summary

 

 

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1suspension, shall have his or her vehicle impounded for a
2period of 30 days, at the person's own expense. A person who
3has his or her summary suspension extended for the fourth time,
4or has any combination of 4 extensions and new suspensions,
5entered as a result of a violation that occurred while holding
6the MDDP, so long as the extensions and new suspensions relate
7to the same summary suspension, shall have his or her vehicle
8subject to seizure and forfeiture. The Secretary shall notify
9the prosecuting authority of any third or fourth extensions or
10new suspension entered as a result of a violation that occurred
11while the person held a MDDP. Upon receipt of the notification,
12the prosecuting authority shall impound or forfeit the vehicle.
13The impoundment or forfeiture of a vehicle shall be conducted
14pursuant to the procedure specified in Article 36 of the
15Criminal Code of 1961.
16    (l) A person whose driving privileges have been suspended
17under Section 11-501.1 of this Code and who had a MDDP that was
18cancelled, or would have been cancelled had notification of a
19violation been received prior to expiration of the MDDP,
20pursuant to subsection (c-1) of this Section, shall not be
21eligible for reinstatement when the summary suspension is
22scheduled to terminate. Instead, the person's driving
23privileges shall be suspended for a period of not less than
24twice the original summary suspension period, or for the length
25of any extensions entered under subsection (j), whichever is
26longer. During the period of suspension, the person shall be

 

 

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1eligible only to apply for a restricted driving permit. If a
2restricted driving permit is granted, the offender may only
3operate vehicles equipped with a BAIID in accordance with this
4Section.
5    (m) Any person or entity that supplies an ignition
6interlock device under this Section shall, for each ignition
7interlock device installed, pay 5% of the total gross revenue
8received for the device, including monthly monitoring fees,
9into the Indigent BAIID Fund. This 5% shall be clearly
10indicated as a separate surcharge on each invoice that is
11issued. The Secretary shall conduct an annual review of the
12fund to determine whether the surcharge is sufficient to
13provide for indigent users. The Secretary may increase or
14decrease this surcharge requirement as needed.
15    (n) Any person or entity that supplies an ignition
16interlock device under this Section that is requested to
17provide an ignition interlock device to a person who presents
18written documentation of indigency from the Secretary, as
19provided in subsection (c-5) of this Section, shall install the
20device on the person's vehicle without charge to the person and
21shall seek reimbursement from the Indigent BAIID Fund.
22    (o) The Indigent BAIID Fund is created as a special fund in
23the State treasury. The Secretary shall, subject to
24appropriation by the General Assembly, use all money in the
25Indigent BAIID Fund to reimburse ignition interlock device
26providers who have installed devices in vehicles of indigent

 

 

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1persons. The Secretary shall make payments to such providers
2every 3 months. If the amount of money in the fund at the time
3payments are made is not sufficient to pay all requests for
4reimbursement submitted during that 3 month period, the
5Secretary shall make payments on a pro-rata basis, and those
6payments shall be considered payment in full for the requests
7submitted.
8    (p) The Monitoring Device Driving Permit Administration
9Fee Fund is created as a special fund in the State treasury.
10The Secretary shall, subject to appropriation by the General
11Assembly, use the money paid into this fund to offset its
12administrative costs for administering MDDPs.
13    (q) The Secretary is authorized to prescribe such forms as
14it deems necessary to carry out the provisions of this Section.
15(Source: P.A. 96-184, eff. 8-10-09; 96-1526, eff. 2-14-11;
1697-229; eff. 7-28-11; revised 10-4-11.)
 
17    (625 ILCS 5/6-303)  (from Ch. 95 1/2, par. 6-303)
18    Sec. 6-303. Driving while driver's license, permit or
19privilege to operate a motor vehicle is suspended or revoked.
20    (a) Except as otherwise provided in subsection (a-5), any
21person who drives or is in actual physical control of a motor
22vehicle on any highway of this State at a time when such
23person's driver's license, permit or privilege to do so or the
24privilege to obtain a driver's license or permit is revoked or
25suspended as provided by this Code or the law of another state,

 

 

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1except as may be specifically allowed by a judicial driving
2permit issued prior to January 1, 2009, monitoring device
3driving permit, family financial responsibility driving
4permit, probationary license to drive, or a restricted driving
5permit issued pursuant to this Code or under the law of another
6state, shall be guilty of a Class A misdemeanor.
7    (a-5) Any person who violates this Section as provided in
8subsection (a) while his or her driver's license, permit or
9privilege is revoked because of a violation of Section 9-3 of
10the Criminal Code of 1961, relating to the offense of reckless
11homicide or a similar provision of a law of another state, is
12guilty of a Class 4 felony. The person shall be required to
13undergo a professional evaluation, as provided in Section
1411-501 of this Code, to determine if an alcohol, drug, or
15intoxicating compound problem exists and the extent of the
16problem, and to undergo the imposition of treatment as
17appropriate.
18    (b) (Blank).
19    (b-1) Upon receiving a report of the conviction of any
20violation indicating a person was operating a motor vehicle
21during the time when the person's driver's license, permit or
22privilege was suspended by the Secretary of State or the
23driver's licensing administrator of another state, except as
24specifically allowed by a probationary license, judicial
25driving permit, restricted driving permit or monitoring device
26driving permit the Secretary shall extend the suspension for

 

 

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1the same period of time as the originally imposed suspension
2unless the suspension has already expired, in which case the
3Secretary shall be authorized to suspend the person's driving
4privileges for the same period of time as the originally
5imposed suspension.
6    (b-2) Except as provided in subsection (b-6), upon
7receiving a report of the conviction of any violation
8indicating a person was operating a motor vehicle when the
9person's driver's license, permit or privilege was revoked by
10the Secretary of State or the driver's license administrator of
11any other state, except as specifically allowed by a restricted
12driving permit issued pursuant to this Code or the law of
13another state, the Secretary shall not issue a driver's license
14for an additional period of one year from the date of such
15conviction indicating such person was operating a vehicle
16during such period of revocation.
17    (b-3) (Blank).
18    (b-4) When the Secretary of State receives a report of a
19conviction of any violation indicating a person was operating a
20motor vehicle that was not equipped with an ignition interlock
21device during a time when the person was prohibited from
22operating a motor vehicle not equipped with such a device, the
23Secretary shall not issue a driver's license to that person for
24an additional period of one year from the date of the
25conviction.
26    (b-5) Any person convicted of violating this Section shall

 

 

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1serve a minimum term of imprisonment of 30 consecutive days or
2300 hours of community service when the person's driving
3privilege was revoked or suspended as a result of a violation
4of Section 9-3 of the Criminal Code of 1961, as amended,
5relating to the offense of reckless homicide, or a similar
6provision of a law of another state.
7    (b-6) Upon receiving a report of a first conviction of
8operating a motor vehicle while the person's driver's license,
9permit or privilege was revoked where the revocation was for a
10violation of Section 9-3 of the Criminal Code of 1961 relating
11to the offense of reckless homicide or a similar out-of-state
12offense, the Secretary shall not issue a driver's license for
13an additional period of three years from the date of such
14conviction.
15    (c) Except as provided in subsections (c-3) and (c-4), any
16person convicted of violating this Section shall serve a
17minimum term of imprisonment of 10 consecutive days or 30 days
18of community service when the person's driving privilege was
19revoked or suspended as a result of:
20        (1) a violation of Section 11-501 of this Code or a
21    similar provision of a local ordinance relating to the
22    offense of operating or being in physical control of a
23    vehicle while under the influence of alcohol, any other
24    drug or any combination thereof; or
25        (2) a violation of paragraph (b) of Section 11-401 of
26    this Code or a similar provision of a local ordinance

 

 

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1    relating to the offense of leaving the scene of a motor
2    vehicle accident involving personal injury or death; or
3        (3) a statutory summary suspension or revocation under
4    Section 11-501.1 of this Code.
5    Such sentence of imprisonment or community service shall
6not be subject to suspension in order to reduce such sentence.
7    (c-1) Except as provided in subsections (c-5) and (d), any
8person convicted of a second violation of this Section shall be
9ordered by the court to serve a minimum of 100 hours of
10community service.
11    (c-2) In addition to other penalties imposed under this
12Section, the court may impose on any person convicted a fourth
13time of violating this Section any of the following:
14        (1) Seizure of the license plates of the person's
15    vehicle.
16        (2) Immobilization of the person's vehicle for a period
17    of time to be determined by the court.
18    (c-3) Any person convicted of a violation of this Section
19during a period of summary suspension imposed pursuant to
20Section 11-501.1 when the person was eligible for a MDDP shall
21be guilty of a Class 4 felony and shall serve a minimum term of
22imprisonment of 30 days.
23    (c-4) Any person who has been issued a MDDP and who is
24convicted of a violation of this Section as a result of
25operating or being in actual physical control of a motor
26vehicle not equipped with an ignition interlock device or in

 

 

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1actual physical control of a vehicle while not fitted with a
2continuous alcohol monitoring device at the time of the offense
3shall be guilty of a Class 4 felony and shall serve a minimum
4term of imprisonment of 30 days.
5    (c-5) Any person convicted of a second violation of this
6Section is guilty of a Class 2 felony, is not eligible for
7probation or conditional discharge, and shall serve a mandatory
8term of imprisonment, if the revocation or suspension was for a
9violation of Section 9-3 of the Criminal Code of 1961, relating
10to the offense of reckless homicide, or a similar out-of-state
11offense.
12    (d) Any person convicted of a second violation of this
13Section shall be guilty of a Class 4 felony and shall serve a
14minimum term of imprisonment of 30 days or 300 hours of
15community service, as determined by the court, if the original
16revocation or suspension was for a violation of Section 11-401
17or 11-501 of this Code, or a similar out-of-state offense, or a
18similar provision of a local ordinance, or a statutory summary
19suspension or revocation under Section 11-501.1 of this Code.
20    (d-1) Except as provided in subsections (d-2), (d-2.5), and
21(d-3), any person convicted of a third or subsequent violation
22of this Section shall serve a minimum term of imprisonment of
2330 days or 300 hours of community service, as determined by the
24court.
25    (d-2) Any person convicted of a third violation of this
26Section is guilty of a Class 4 felony and must serve a minimum

 

 

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1term of imprisonment of 30 days if the revocation or suspension
2was for a violation of Section 11-401 or 11-501 of this Code,
3or a similar out-of-state offense, or a similar provision of a
4local ordinance, or a statutory summary suspension or
5revocation under Section 11-501.1 of this Code.
6    (d-2.5) Any person convicted of a third violation of this
7Section is guilty of a Class 1 felony, is not eligible for
8probation or conditional discharge, and must serve a mandatory
9term of imprisonment if the revocation or suspension was for a
10violation of Section 9-3 of the Criminal Code of 1961, relating
11to the offense of reckless homicide, or a similar out-of-state
12offense. The person's driving privileges shall be revoked for
13the remainder of the person's life.
14    (d-3) Any person convicted of a fourth, fifth, sixth,
15seventh, eighth, or ninth violation of this Section is guilty
16of a Class 4 felony and must serve a minimum term of
17imprisonment of 180 days if the revocation or suspension was
18for a violation of Section 11-401 or 11-501 of this Code, or a
19similar out-of-state offense, or a similar provision of a local
20ordinance, or a statutory summary suspension or revocation
21under Section 11-501.1 of this Code.
22    (d-3.5) Any person convicted of a fourth or subsequent
23violation of this Section is guilty of a Class 1 felony, is not
24eligible for probation or conditional discharge, and must serve
25a mandatory term of imprisonment, and is eligible for an
26extended term, if the revocation or suspension was for a

 

 

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

 

 

09700HB5214ham002- 21 -LRB097 18776 HEP 67182 a

1release by the vehicle owner.
2    (f) For any prosecution under this Section, a certified
3copy of the driving abstract of the defendant shall be admitted
4as proof of any prior conviction.
5    (g) The motor vehicle used in a violation of this Section
6is subject to seizure and forfeiture as provided in Sections
736-1 and 36-2 of the Criminal Code of 1961 if the person's
8driving privilege was revoked or suspended as a result of a
9violation listed in paragraph (1) or (2) of subsection (c) of
10this Section, as a result of a summary suspension or revocation
11as provided in paragraph (3) of subsection (c) of this Section,
12or as a result of a violation of Section 9-3 of the Criminal
13Code of 1961 relating to the offense of reckless homicide.
14(Source: P.A. 95-27, eff. 1-1-08; 95-377, eff. 1-1-08; 95-400,
15eff. 1-1-09; 95-578, eff. 6-1-08; 95-876, eff. 8-21-08; 95-991,
16eff. 6-1-09; 96-502, eff. 1-1-10; 96-607, eff. 8-24-09;
1796-1000, eff. 7-2-10; 96-1344, eff. 7-1-11.)
 
18    (625 ILCS 5/11-501)  (from Ch. 95 1/2, par. 11-501)
19    Sec. 11-501. Driving while under the influence of alcohol,
20other drug or drugs, intoxicating compound or compounds or any
21combination thereof.
22    (a) A person shall not drive or be in actual physical
23control of any vehicle within this State while:
24        (1) the alcohol concentration in the person's blood or
25    breath is 0.08 or more based on the definition of blood and

 

 

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1    breath units in Section 11-501.2;
2        (2) under the influence of alcohol;
3        (3) under the influence of any intoxicating compound or
4    combination of intoxicating compounds to a degree that
5    renders the person incapable of driving safely;
6        (4) under the influence of any other drug or
7    combination of drugs to a degree that renders the person
8    incapable of safely driving;
9        (5) under the combined influence of alcohol, other drug
10    or drugs, or intoxicating compound or compounds to a degree
11    that renders the person incapable of safely driving; or
12        (6) there is any amount of a drug, substance, or
13    compound in the person's breath, blood, or urine resulting
14    from the unlawful use or consumption of cannabis listed in
15    the Cannabis Control Act, a controlled substance listed in
16    the Illinois Controlled Substances Act, an intoxicating
17    compound listed in the Use of Intoxicating Compounds Act,
18    or methamphetamine as listed in the Methamphetamine
19    Control and Community Protection Act.
20    (b) The fact that any person charged with violating this
21Section is or has been legally entitled to use alcohol, other
22drug or drugs, or intoxicating compound or compounds, or any
23combination thereof, shall not constitute a defense against any
24charge of violating this Section.
25    (c) Penalties.
26        (1) Except as otherwise provided in this Section, any

 

 

09700HB5214ham002- 23 -LRB097 18776 HEP 67182 a

1    person convicted of violating subsection (a) of this
2    Section is guilty of a Class A misdemeanor.
3        (2) A person who violates subsection (a) or a similar
4    provision a second time shall be sentenced to a mandatory
5    minimum term of either 5 days of imprisonment or 240 hours
6    of community service in addition to any other criminal or
7    administrative sanction.
8        (3) A person who violates subsection (a) is subject to
9    6 months of imprisonment, an additional mandatory minimum
10    fine of $1,000, and 25 days of community service in a
11    program benefiting children if the person was transporting
12    a person under the age of 16 at the time of the violation.
13        (4) A person who violates subsection (a) a first time,
14    if the alcohol concentration in his or her blood, breath,
15    or urine was 0.16 or more based on the definition of blood,
16    breath, or urine units in Section 11-501.2, shall be
17    subject, in addition to any other penalty that may be
18    imposed, to a mandatory minimum of 100 hours of community
19    service and a mandatory minimum fine of $500.
20        (5) A person who violates subsection (a) a second time,
21    if at the time of the second violation the alcohol
22    concentration in his or her blood, breath, or urine was
23    0.16 or more based on the definition of blood, breath, or
24    urine units in Section 11-501.2, shall be subject, in
25    addition to any other penalty that may be imposed, to a
26    mandatory minimum of 2 days of imprisonment and a mandatory

 

 

09700HB5214ham002- 24 -LRB097 18776 HEP 67182 a

1    minimum fine of $1,250.
2    (d) Aggravated driving under the influence of alcohol,
3other drug or drugs, or intoxicating compound or compounds, or
4any combination thereof.
5        (1) Every person convicted of committing a violation of
6    this Section shall be guilty of aggravated driving under
7    the influence of alcohol, other drug or drugs, or
8    intoxicating compound or compounds, or any combination
9    thereof if:
10            (A) the person committed a violation of subsection
11        (a) or a similar provision for the third or subsequent
12        time;
13            (B) the person committed a violation of subsection
14        (a) while driving a school bus with persons 18 years of
15        age or younger on board;
16            (C) the person in committing a violation of
17        subsection (a) was involved in a motor vehicle accident
18        that resulted in great bodily harm or permanent
19        disability or disfigurement to another, when the
20        violation was a proximate cause of the injuries;
21            (D) the person committed a violation of subsection
22        (a) and has been previously convicted of violating
23        Section 9-3 of the Criminal Code of 1961 or a similar
24        provision of a law of another state relating to
25        reckless homicide in which the person was determined to
26        have been under the influence of alcohol, other drug or

 

 

09700HB5214ham002- 25 -LRB097 18776 HEP 67182 a

1        drugs, or intoxicating compound or compounds as an
2        element of the offense or the person has previously
3        been convicted under subparagraph (C) or subparagraph
4        (F) of this paragraph (1);
5            (E) the person, in committing a violation of
6        subsection (a) while driving at any speed in a school
7        speed zone at a time when a speed limit of 20 miles per
8        hour was in effect under subsection (a) of Section
9        11-605 of this Code, was involved in a motor vehicle
10        accident that resulted in bodily harm, other than great
11        bodily harm or permanent disability or disfigurement,
12        to another person, when the violation of subsection (a)
13        was a proximate cause of the bodily harm;
14            (F) the person, in committing a violation of
15        subsection (a), was involved in a motor vehicle,
16        snowmobile, all-terrain vehicle, or watercraft
17        accident that resulted in the death of another person,
18        when the violation of subsection (a) was a proximate
19        cause of the death;
20            (G) the person committed a violation of subsection
21        (a) during a period in which the defendant's driving
22        privileges are revoked or suspended, where the
23        revocation or suspension was for a violation of
24        subsection (a) or a similar provision, Section
25        11-501.1, paragraph (b) of Section 11-401, or for
26        reckless homicide as defined in Section 9-3 of the

 

 

09700HB5214ham002- 26 -LRB097 18776 HEP 67182 a

1        Criminal Code of 1961;
2            (H) the person committed the violation while he or
3        she did not possess a driver's license or permit or a
4        restricted driving permit or a judicial driving permit
5        or a monitoring device driving permit;
6            (I) the person committed the violation while he or
7        she knew or should have known that the vehicle he or
8        she was driving was not covered by a liability
9        insurance policy;
10            (J) the person in committing a violation of
11        subsection (a) was involved in a motor vehicle accident
12        that resulted in bodily harm, but not great bodily
13        harm, to the child under the age of 16 being
14        transported by the person, if the violation was the
15        proximate cause of the injury; or
16            (K) the person in committing a second violation of
17        subsection (a) or a similar provision was transporting
18        a person under the age of 16.
19        (2)(A) Except as provided otherwise, a person
20    convicted of aggravated driving under the influence of
21    alcohol, other drug or drugs, or intoxicating compound or
22    compounds, or any combination thereof is guilty of a Class
23    4 felony.
24        (B) A third violation of this Section or a similar
25    provision is a Class 2 felony. If at the time of the third
26    violation the alcohol concentration in his or her blood,

 

 

09700HB5214ham002- 27 -LRB097 18776 HEP 67182 a

1    breath, or urine was 0.16 or more based on the definition
2    of blood, breath, or urine units in Section 11-501.2, a
3    mandatory minimum of 90 days of imprisonment and a
4    mandatory minimum fine of $2,500 shall be imposed in
5    addition to any other criminal or administrative sanction.
6    If at the time of the third violation, the defendant was
7    transporting a person under the age of 16, a mandatory fine
8    of $25,000 and 25 days of community service in a program
9    benefiting children shall be imposed in addition to any
10    other criminal or administrative sanction.
11        (C) A fourth violation of this Section or a similar
12    provision is a Class 2 felony, for which a sentence of
13    probation or conditional discharge may not be imposed. If
14    at the time of the violation, the alcohol concentration in
15    the defendant's blood, breath, or urine was 0.16 or more
16    based on the definition of blood, breath, or urine units in
17    Section 11-501.2, a mandatory minimum fine of $5,000 shall
18    be imposed in addition to any other criminal or
19    administrative sanction. If at the time of the fourth
20    violation, the defendant was transporting a person under
21    the age of 16 a mandatory fine of $25,000 and 25 days of
22    community service in a program benefiting children shall be
23    imposed in addition to any other criminal or administrative
24    sanction.
25        (D) A fifth violation of this Section or a similar
26    provision is a Class 1 felony, for which a sentence of

 

 

09700HB5214ham002- 28 -LRB097 18776 HEP 67182 a

1    probation or conditional discharge may not be imposed. If
2    at the time of the violation, the alcohol concentration in
3    the defendant's blood, breath, or urine was 0.16 or more
4    based on the definition of blood, breath, or urine units in
5    Section 11-501.2, a mandatory minimum fine of $5,000 shall
6    be imposed in addition to any other criminal or
7    administrative sanction. If at the time of the fifth
8    violation, the defendant was transporting a person under
9    the age of 16, a mandatory fine of $25,000, and 25 days of
10    community service in a program benefiting children shall be
11    imposed in addition to any other criminal or administrative
12    sanction.
13        (E) A sixth or subsequent violation of this Section or
14    similar provision is a Class X felony. If at the time of
15    the violation, the alcohol concentration in the
16    defendant's blood, breath, or urine was 0.16 or more based
17    on the definition of blood, breath, or urine units in
18    Section 11-501.2, a mandatory minimum fine of $5,000 shall
19    be imposed in addition to any other criminal or
20    administrative sanction. If at the time of the violation,
21    the defendant was transporting a person under the age of
22    16, a mandatory fine of $25,000 and 25 days of community
23    service in a program benefiting children shall be imposed
24    in addition to any other criminal or administrative
25    sanction.
26        (F) For a violation of subparagraph (C) of paragraph

 

 

09700HB5214ham002- 29 -LRB097 18776 HEP 67182 a

1    (1) of this subsection (d), the defendant, if sentenced to
2    a term of imprisonment, shall be sentenced to not less than
3    one year nor more than 12 years.
4        (G) A violation of subparagraph (F) of paragraph (1) of
5    this subsection (d) is a Class 2 felony, for which the
6    defendant, unless the court determines that extraordinary
7    circumstances exist and require probation, shall be
8    sentenced to: (i) a term of imprisonment of not less than 3
9    years and not more than 14 years if the violation resulted
10    in the death of one person; or (ii) a term of imprisonment
11    of not less than 6 years and not more than 28 years if the
12    violation resulted in the deaths of 2 or more persons.
13        (H) For a violation of subparagraph (J) of paragraph
14    (1) of this subsection (d), a mandatory fine of $2,500, and
15    25 days of community service in a program benefiting
16    children shall be imposed in addition to any other criminal
17    or administrative sanction.
18        (I) A violation of subparagraph (K) of paragraph (1) of
19    this subsection (d), is a Class 2 felony and a mandatory
20    fine of $2,500, and 25 days of community service in a
21    program benefiting children shall be imposed in addition to
22    any other criminal or administrative sanction. If the child
23    being transported suffered bodily harm, but not great
24    bodily harm, in a motor vehicle accident, and the violation
25    was the proximate cause of that injury, a mandatory fine of
26    $5,000 and 25 days of community service in a program

 

 

09700HB5214ham002- 30 -LRB097 18776 HEP 67182 a

1    benefiting children shall be imposed in addition to any
2    other criminal or administrative sanction.
3        (J) A violation of subparagraph (D) of paragraph (1) of
4    this subsection (d) is a Class 3 felony, for which a
5    sentence of probation or conditional discharge may not be
6    imposed.
7        (3) Any person sentenced under this subsection (d) who
8    receives a term of probation or conditional discharge must
9    serve a minimum term of either 480 hours of community
10    service or 10 days of imprisonment as a condition of the
11    probation or conditional discharge in addition to any other
12    criminal or administrative sanction.
13    (e) Any reference to a prior violation of subsection (a) or
14a similar provision includes any violation of a provision of a
15local ordinance or a provision of a law of another state or an
16offense committed on a military installation that is similar to
17a violation of subsection (a) of this Section.
18    (f) The imposition of a mandatory term of imprisonment or
19assignment of community service for a violation of this Section
20shall not be suspended or reduced by the court.
21    (g) Any penalty imposed for driving with a license that has
22been revoked for a previous violation of subsection (a) of this
23Section shall be in addition to the penalty imposed for any
24subsequent violation of subsection (a).
25    (h) For any prosecution under this Section, a certified
26copy of the driving abstract of the defendant shall be admitted

 

 

09700HB5214ham002- 31 -LRB097 18776 HEP 67182 a

1as proof of any prior conviction.
2    (i) A person sentenced for a violation of this Section who,
3as a condition of supervision, probation, or conditional
4discharge is required to be fitted with a continuous alcohol
5monitoring device as defined by Section 1-111.9a of this Code,
6must be fitted with the continuous alcohol monitoring device by
7an in-county provider.
8(Source: P.A. 95-149, eff. 8-14-07; 95-355, eff. 1-1-08;
995-400, eff. 1-1-09; 95-578, eff. 6-1-08; 95-778, eff. 8-4-08;
1095-876, eff. 8-21-08; 96-289, eff. 8-11-09.)
 
11    Section 10. The Unified Code of Corrections is amended by
12changing Section 5-6-1 as follows:
 
13    (730 ILCS 5/5-6-1)  (from Ch. 38, par. 1005-6-1)
14    Sec. 5-6-1. Sentences of Probation and of Conditional
15Discharge and Disposition of Supervision. The General Assembly
16finds that in order to protect the public, the criminal justice
17system must compel compliance with the conditions of probation
18by responding to violations with swift, certain and fair
19punishments and intermediate sanctions. The Chief Judge of each
20circuit shall adopt a system of structured, intermediate
21sanctions for violations of the terms and conditions of a
22sentence of probation, conditional discharge or disposition of
23supervision.
24    (a) Except where specifically prohibited by other

 

 

09700HB5214ham002- 32 -LRB097 18776 HEP 67182 a

1provisions of this Code, the court shall impose a sentence of
2probation or conditional discharge upon an offender unless,
3having regard to the nature and circumstance of the offense,
4and to the history, character and condition of the offender,
5the court is of the opinion that:
6        (1) his imprisonment or periodic imprisonment is
7    necessary for the protection of the public; or
8        (2) probation or conditional discharge would deprecate
9    the seriousness of the offender's conduct and would be
10    inconsistent with the ends of justice; or
11        (3) a combination of imprisonment with concurrent or
12    consecutive probation when an offender has been admitted
13    into a drug court program under Section 20 of the Drug
14    Court Treatment Act is necessary for the protection of the
15    public and for the rehabilitation of the offender.
16    The court shall impose as a condition of a sentence of
17probation, conditional discharge, or supervision, that the
18probation agency may invoke any sanction from the list of
19intermediate sanctions adopted by the chief judge of the
20circuit court for violations of the terms and conditions of the
21sentence of probation, conditional discharge, or supervision,
22subject to the provisions of Section 5-6-4 of this Act.
23    (b) The court may impose a sentence of conditional
24discharge for an offense if the court is of the opinion that
25neither a sentence of imprisonment nor of periodic imprisonment
26nor of probation supervision is appropriate.

 

 

09700HB5214ham002- 33 -LRB097 18776 HEP 67182 a

1    (b-1) Subsections (a) and (b) of this Section do not apply
2to a defendant charged with a misdemeanor or felony under the
3Illinois Vehicle Code or reckless homicide under Section 9-3 of
4the Criminal Code of 1961 if the defendant within the past 12
5months has been convicted of or pleaded guilty to a misdemeanor
6or felony under the Illinois Vehicle Code or reckless homicide
7under Section 9-3 of the Criminal Code of 1961.
8    (c) The court may, upon a plea of guilty or a stipulation
9by the defendant of the facts supporting the charge or a
10finding of guilt, defer further proceedings and the imposition
11of a sentence, and enter an order for supervision of the
12defendant, if the defendant is not charged with: (i) a Class A
13misdemeanor, as defined by the following provisions of the
14Criminal Code of 1961: Sections 11-9.1; 12-3.2; 11-1.50 or
1512-15; 26-5; 31-1; 31-6; 31-7; subsections (b) and (c) of
16Section 21-1; paragraph (1) through (5), (8), (10), and (11) of
17subsection (a) of Section 24-1; (ii) a Class A misdemeanor
18violation of Section 3.01, 3.03-1, or 4.01 of the Humane Care
19for Animals Act; or (iii) a felony. If the defendant is not
20barred from receiving an order for supervision as provided in
21this subsection, the court may enter an order for supervision
22after considering the circumstances of the offense, and the
23history, character and condition of the offender, if the court
24is of the opinion that:
25        (1) the offender is not likely to commit further
26    crimes;

 

 

09700HB5214ham002- 34 -LRB097 18776 HEP 67182 a

1        (2) the defendant and the public would be best served
2    if the defendant were not to receive a criminal record; and
3        (3) in the best interests of justice an order of
4    supervision is more appropriate than a sentence otherwise
5    permitted under this Code.
6    (c-5) Subsections (a), (b), and (c) of this Section do not
7apply to a defendant charged with a second or subsequent
8violation of Section 6-303 of the Illinois Vehicle Code
9committed while his or her driver's license, permit or
10privileges were revoked because of a violation of Section 9-3
11of the Criminal Code of 1961, relating to the offense of
12reckless homicide, or a similar provision of a law of another
13state.
14    (d) The provisions of paragraph (c) shall not apply to a
15defendant charged with violating Section 11-501 of the Illinois
16Vehicle Code or a similar provision of a local ordinance when
17the defendant has previously been:
18        (1) convicted for a violation of Section 11-501 of the
19    Illinois Vehicle Code or a similar provision of a local
20    ordinance or any similar law or ordinance of another state;
21    or
22        (2) assigned supervision for a violation of Section
23    11-501 of the Illinois Vehicle Code or a similar provision
24    of a local ordinance or any similar law or ordinance of
25    another state; or
26        (3) pleaded guilty to or stipulated to the facts

 

 

09700HB5214ham002- 35 -LRB097 18776 HEP 67182 a

1    supporting a charge or a finding of guilty to a violation
2    of Section 11-503 of the Illinois Vehicle Code or a similar
3    provision of a local ordinance or any similar law or
4    ordinance of another state, and the plea or stipulation was
5    the result of a plea agreement.
6    The court shall consider the statement of the prosecuting
7authority with regard to the standards set forth in this
8Section.
9    (e) The provisions of paragraph (c) shall not apply to a
10defendant charged with violating Section 16-25 or 16A-3 of the
11Criminal Code of 1961 if said defendant has within the last 5
12years been:
13        (1) convicted for a violation of Section 16-25 or 16A-3
14    of the Criminal Code of 1961; or
15        (2) assigned supervision for a violation of Section
16    16-25 or 16A-3 of the Criminal Code of 1961.
17    The court shall consider the statement of the prosecuting
18authority with regard to the standards set forth in this
19Section.
20    (f) The provisions of paragraph (c) shall not apply to a
21defendant charged with violating Sections 15-111, 15-112,
2215-301, paragraph (b) of Section 6-104, Section 11-605, Section
2311-1002.5, or Section 11-1414 of the Illinois Vehicle Code or a
24similar provision of a local ordinance.
25    (g) Except as otherwise provided in paragraph (i) of this
26Section, the provisions of paragraph (c) shall not apply to a

 

 

09700HB5214ham002- 36 -LRB097 18776 HEP 67182 a

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

 

 

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

 

 

09700HB5214ham002- 38 -LRB097 18776 HEP 67182 a

1defendant has been assigned supervision for a violation of
2Section 3-707 of the Illinois Vehicle Code or a similar
3provision of a local ordinance.
4    (j) The provisions of paragraph (c) shall not apply to a
5defendant charged with violating Section 6-303 of the Illinois
6Vehicle Code or a similar provision of a local ordinance when
7the revocation or suspension was for a violation of Section
811-501 or a similar provision of a local ordinance or a
9violation of Section 11-501.1 or paragraph (b) of Section
1011-401 of the Illinois Vehicle Code if the defendant has within
11the last 10 years been:
12        (1) convicted for a violation of Section 6-303 of the
13    Illinois Vehicle Code or a similar provision of a local
14    ordinance; or
15        (2) assigned supervision for a violation of Section
16    6-303 of the Illinois Vehicle Code or a similar provision
17    of a local ordinance.
18    (k) The provisions of paragraph (c) shall not apply to a
19defendant charged with violating any provision of the Illinois
20Vehicle Code or a similar provision of a local ordinance that
21governs the movement of vehicles if, within the 12 months
22preceding the date of the defendant's arrest, the defendant has
23been assigned court supervision on 2 occasions for a violation
24that governs the movement of vehicles under the Illinois
25Vehicle Code or a similar provision of a local ordinance. The
26provisions of this paragraph (k) do not apply to a defendant

 

 

09700HB5214ham002- 39 -LRB097 18776 HEP 67182 a

1charged with violating Section 11-501 of the Illinois Vehicle
2Code or a similar provision of a local ordinance.
3    (l) A defendant charged with violating any provision of the
4Illinois Vehicle Code or a similar provision of a local
5ordinance who receives a disposition of supervision under
6subsection (c) shall pay an additional fee of $29, to be
7collected as provided in Sections 27.5 and 27.6 of the Clerks
8of Courts Act. In addition to the $29 fee, the person shall
9also pay a fee of $6, which, if not waived by the court, shall
10be collected as provided in Sections 27.5 and 27.6 of the
11Clerks of Courts Act. The $29 fee shall be disbursed as
12provided in Section 16-104c of the Illinois Vehicle Code. If
13the $6 fee is collected, $5.50 of the fee shall be deposited
14into the Circuit Court Clerk Operation and Administrative Fund
15created by the Clerk of the Circuit Court and 50 cents of the
16fee shall be deposited into the Prisoner Review Board Vehicle
17and Equipment Fund in the State treasury.
18    (m) Any person convicted of, pleading guilty to, or placed
19on supervision for a serious traffic violation, as defined in
20Section 1-187.001 of the Illinois Vehicle Code, a violation of
21Section 11-501 of the Illinois Vehicle Code, or a violation of
22a similar provision of a local ordinance shall pay an
23additional fee of $35, to be disbursed as provided in Section
2416-104d of that Code.
25    This subsection (m) becomes inoperative 7 years after
26October 13, 2007 (the effective date of Public Act 95-154).

 

 

09700HB5214ham002- 40 -LRB097 18776 HEP 67182 a

1    (n) The provisions of paragraph (c) shall not apply to any
2person under the age of 18 who commits an offense against
3traffic regulations governing the movement of vehicles or any
4violation of Section 6-107 or Section 12-603.1 of the Illinois
5Vehicle Code, except upon personal appearance of the defendant
6in court and upon the written consent of the defendant's parent
7or legal guardian, executed before the presiding judge. The
8presiding judge shall have the authority to waive this
9requirement upon the showing of good cause by the defendant.
10    (o) The provisions of paragraph (c) shall not apply to a
11defendant charged with violating Section 6-303 of the Illinois
12Vehicle Code or a similar provision of a local ordinance when
13the suspension was for a violation of Section 11-501.1 of the
14Illinois Vehicle Code and when:
15        (1) at the time of the violation of Section 11-501.1 of
16    the Illinois Vehicle Code, the defendant was a first
17    offender pursuant to Section 11-500 of the Illinois Vehicle
18    Code and the defendant failed to obtain a monitoring device
19    driving permit or be fitted with a continuous alcohol
20    monitoring device; or
21        (2) at the time of the violation of Section 11-501.1 of
22    the Illinois Vehicle Code, the defendant was a first
23    offender pursuant to Section 11-500 of the Illinois Vehicle
24    Code, had subsequently obtained a monitoring device
25    driving permit, but was driving a vehicle not equipped with
26    a breath alcohol ignition interlock device as defined in

 

 

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1    Section 1-129.1 of the Illinois Vehicle Code or was not
2    fitted with a continuous alcohol monitoring device as
3    defined in Section 1-111.9a of the Illinois Vehicle Code.
4    (p) The provisions of paragraph (c) shall not apply to a
5defendant charged with violating subsection (b) of Section
611-601.5 of the Illinois Vehicle Code or a similar provision of
7a local ordinance.
8(Source: P.A. 96-253, eff. 8-11-09; 96-286, eff. 8-11-09;
996-328, eff. 8-11-09; 96-625, eff. 1-1-10; 96-1000, eff.
107-2-10; 96-1002, eff. 1-1-11; 96-1175, eff. 9-20-10; 96-1551,
11eff. 7-1-11; 97-333, eff. 8-12-11; 97-597, eff. 1-1-12.)".