97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB0052

 

Introduced 1/27/2011, by Sen. Ira I. Silverstein

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-6-1  from Ch. 38, par. 1005-6-1

    Amends the Unified Code of Corrections. Provides that the court may not enter an order for supervision if the defendant is charged with speeding in a school or park zone. Effective immediately.


LRB097 05488 RLC 45548 b

 

 

A BILL FOR

 

SB0052LRB097 05488 RLC 45548 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 5-6-1 as follows:
 
6    (730 ILCS 5/5-6-1)  (from Ch. 38, par. 1005-6-1)
7    Sec. 5-6-1. Sentences of Probation and of Conditional
8Discharge and Disposition of Supervision. The General Assembly
9finds that in order to protect the public, the criminal justice
10system must compel compliance with the conditions of probation
11by responding to violations with swift, certain and fair
12punishments and intermediate sanctions. The Chief Judge of each
13circuit shall adopt a system of structured, intermediate
14sanctions for violations of the terms and conditions of a
15sentence of probation, conditional discharge or disposition of
16supervision.
17    (a) Except where specifically prohibited by other
18provisions of this Code, the court shall impose a sentence of
19probation or conditional discharge upon an offender unless,
20having regard to the nature and circumstance of the offense,
21and to the history, character and condition of the offender,
22the court is of the opinion that:
23        (1) his imprisonment or periodic imprisonment is

 

 

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

 

 

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1under Section 9-3 of the Criminal Code of 1961.
2    (c) The court may, upon a plea of guilty or a stipulation
3by the defendant of the facts supporting the charge or a
4finding of guilt, defer further proceedings and the imposition
5of a sentence, and enter an order for supervision of the
6defendant, if the defendant is not charged with: (i) a Class A
7misdemeanor, as defined by the following provisions of the
8Criminal Code of 1961: Sections 11-9.1; 12-3.2; 12-15; 26-5;
931-1; 31-6; 31-7; subsections (b) and (c) of Section 21-1;
10paragraph (1) through (5), (8), (10), and (11) of subsection
11(a) of Section 24-1; (ii) a Class A misdemeanor violation of
12Section 3.01, 3.03-1, or 4.01 of the Humane Care for Animals
13Act; or (iii) a felony. If the defendant is not barred from
14receiving an order for supervision as provided in this
15subsection, the court may enter an order for supervision after
16considering the circumstances of the offense, and the history,
17character and condition of the offender, if the court is of the
18opinion that:
19        (1) the offender is not likely to commit further
20    crimes;
21        (2) the defendant and the public would be best served
22    if the defendant were not to receive a criminal record; and
23        (3) in the best interests of justice an order of
24    supervision is more appropriate than a sentence otherwise
25    permitted under this Code.
26    (c-5) Subsections (a), (b), and (c) of this Section do not

 

 

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1apply to a defendant charged with a second or subsequent
2violation of Section 6-303 of the Illinois Vehicle Code
3committed while his or her driver's license, permit or
4privileges were revoked because of a violation of Section 9-3
5of the Criminal Code of 1961, relating to the offense of
6reckless homicide, or a similar provision of a law of another
7state.
8    (d) The provisions of paragraph (c) shall not apply to a
9defendant charged with violating Section 11-501 of the Illinois
10Vehicle Code or a similar provision of a local ordinance when
11the defendant has previously been:
12        (1) convicted for a violation of Section 11-501 of the
13    Illinois Vehicle Code or a similar provision of a local
14    ordinance or any similar law or ordinance of another state;
15    or
16        (2) assigned supervision for a violation of Section
17    11-501 of the Illinois Vehicle Code or a similar provision
18    of a local ordinance or any similar law or ordinance of
19    another state; or
20        (3) pleaded guilty to or stipulated to the facts
21    supporting a charge or a finding of guilty to a violation
22    of Section 11-503 of the Illinois Vehicle Code or a similar
23    provision of a local ordinance or any similar law or
24    ordinance of another state, and the plea or stipulation was
25    the result of a plea agreement.
26    The court shall consider the statement of the prosecuting

 

 

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1authority with regard to the standards set forth in this
2Section.
3    (e) The provisions of paragraph (c) shall not apply to a
4defendant charged with violating Section 16A-3 of the Criminal
5Code of 1961 if said defendant has within the last 5 years
6been:
7        (1) convicted for a violation of Section 16A-3 of the
8    Criminal Code of 1961; or
9        (2) assigned supervision for a violation of Section
10    16A-3 of the Criminal Code of 1961.
11    The court shall consider the statement of the prosecuting
12authority with regard to the standards set forth in this
13Section.
14    (f) The provisions of paragraph (c) shall not apply to a
15defendant charged with violating Sections 15-111, 15-112,
1615-301, paragraph (b) of Section 6-104, Section 11-605, Section
1711-1002.5, or Section 11-1414 of the Illinois Vehicle Code or a
18similar provision of a local ordinance.
19    (g) Except as otherwise provided in paragraph (i) of this
20Section, the provisions of paragraph (c) shall not apply to a
21defendant charged with violating Section 3-707, 3-708, 3-710,
22or 5-401.3 of the Illinois Vehicle Code or a similar provision
23of a local ordinance if the defendant has within the last 5
24years been:
25        (1) convicted for a violation of Section 3-707, 3-708,
26    3-710, or 5-401.3 of the Illinois Vehicle Code or a similar

 

 

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1    provision of a local ordinance; or
2        (2) assigned supervision for a violation of Section
3    3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
4    Code or a similar provision of a local ordinance.
5    The court shall consider the statement of the prosecuting
6authority with regard to the standards set forth in this
7Section.
8    (h) The provisions of paragraph (c) shall not apply to a
9defendant under the age of 21 years charged with violating a
10serious traffic offense as defined in Section 1-187.001 of the
11Illinois Vehicle Code:
12        (1) unless the defendant, upon payment of the fines,
13    penalties, and costs provided by law, agrees to attend and
14    successfully complete a traffic safety program approved by
15    the court under standards set by the Conference of Chief
16    Circuit Judges. The accused shall be responsible for
17    payment of any traffic safety program fees. If the accused
18    fails to file a certificate of successful completion on or
19    before the termination date of the supervision order, the
20    supervision shall be summarily revoked and conviction
21    entered. The provisions of Supreme Court Rule 402 relating
22    to pleas of guilty do not apply in cases when a defendant
23    enters a guilty plea under this provision; or
24        (2) if the defendant has previously been sentenced
25    under the provisions of paragraph (c) on or after January
26    1, 1998 for any serious traffic offense as defined in

 

 

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1    Section 1-187.001 of the Illinois Vehicle Code.
2    (h-1) The provisions of paragraph (c) shall not apply to a
3defendant under the age of 21 years charged with an offense
4against traffic regulations governing the movement of vehicles
5or any violation of Section 6-107 or Section 12-603.1 of the
6Illinois Vehicle Code, unless the defendant, upon payment of
7the fines, penalties, and costs provided by law, agrees to
8attend and successfully complete a traffic safety program
9approved by the court under standards set by the Conference of
10Chief Circuit Judges. The accused shall be responsible for
11payment of any traffic safety program fees. If the accused
12fails to file a certificate of successful completion on or
13before the termination date of the supervision order, the
14supervision shall be summarily revoked and conviction entered.
15The provisions of Supreme Court Rule 402 relating to pleas of
16guilty do not apply in cases when a defendant enters a guilty
17plea under this provision.
18    (i) The provisions of paragraph (c) shall not apply to a
19defendant charged with violating Section 3-707 of the Illinois
20Vehicle Code or a similar provision of a local ordinance if the
21defendant has been assigned supervision for a violation of
22Section 3-707 of the Illinois Vehicle Code or a similar
23provision of a local ordinance.
24    (j) The provisions of paragraph (c) shall not apply to a
25defendant charged with violating Section 6-303 of the Illinois
26Vehicle Code or a similar provision of a local ordinance when

 

 

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1the revocation or suspension was for a violation of Section
211-501 or a similar provision of a local ordinance or a
3violation of Section 11-501.1 or paragraph (b) of Section
411-401 of the Illinois Vehicle Code if the defendant has within
5the last 10 years been:
6        (1) convicted for a violation of Section 6-303 of the
7    Illinois Vehicle Code or a similar provision of a local
8    ordinance; or
9        (2) assigned supervision for a violation of Section
10    6-303 of the Illinois Vehicle Code or a similar provision
11    of a local ordinance.
12    (k) The provisions of paragraph (c) shall not apply to a
13defendant charged with violating any provision of the Illinois
14Vehicle Code or a similar provision of a local ordinance that
15governs the movement of vehicles if, within the 12 months
16preceding the date of the defendant's arrest, the defendant has
17been assigned court supervision on 2 occasions for a violation
18that governs the movement of vehicles under the Illinois
19Vehicle Code or a similar provision of a local ordinance. The
20provisions of this paragraph (k) do not apply to a defendant
21charged with violating Section 11-501 of the Illinois Vehicle
22Code or a similar provision of a local ordinance.
23    (l) A defendant charged with violating any provision of the
24Illinois Vehicle Code or a similar provision of a local
25ordinance who receives a disposition of supervision under
26subsection (c) shall pay an additional fee of $29, to be

 

 

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1collected as provided in Sections 27.5 and 27.6 of the Clerks
2of Courts Act. In addition to the $29 fee, the person shall
3also pay a fee of $6, which, if not waived by the court, shall
4be collected as provided in Sections 27.5 and 27.6 of the
5Clerks of Courts Act. The $29 fee shall be disbursed as
6provided in Section 16-104c of the Illinois Vehicle Code. If
7the $6 fee is collected, $5.50 of the fee shall be deposited
8into the Circuit Court Clerk Operation and Administrative Fund
9created by the Clerk of the Circuit Court and 50 cents of the
10fee shall be deposited into the Prisoner Review Board Vehicle
11and Equipment Fund in the State treasury.
12    (m) Any person convicted of, pleading guilty to, or placed
13on supervision for a serious traffic violation, as defined in
14Section 1-187.001 of the Illinois Vehicle Code, a violation of
15Section 11-501 of the Illinois Vehicle Code, or a violation of
16a similar provision of a local ordinance shall pay an
17additional fee of $35, to be disbursed as provided in Section
1816-104d of that Code.
19    This subsection (m) becomes inoperative 7 years after
20October 13, 2007 (the effective date of Public Act 95-154).
21    (n) The provisions of paragraph (c) shall not apply to any
22person under the age of 18 who commits an offense against
23traffic regulations governing the movement of vehicles or any
24violation of Section 6-107 or Section 12-603.1 of the Illinois
25Vehicle Code, except upon personal appearance of the defendant
26in court and upon the written consent of the defendant's parent

 

 

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1or legal guardian, executed before the presiding judge. The
2presiding judge shall have the authority to waive this
3requirement upon the showing of good cause by the defendant.
4    (o) 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 suspension was for a violation of Section 11-501.1 of the
8Illinois Vehicle Code and when:
9        (1) at the time of the violation of Section 11-501.1 of
10    the Illinois Vehicle Code, the defendant was a first
11    offender pursuant to Section 11-500 of the Illinois Vehicle
12    Code and the defendant failed to obtain a monitoring device
13    driving permit; or
14        (2) at the time of the violation of Section 11-501.1 of
15    the Illinois Vehicle Code, the defendant was a first
16    offender pursuant to Section 11-500 of the Illinois Vehicle
17    Code, had subsequently obtained a monitoring device
18    driving permit, but was driving a vehicle not equipped with
19    a breath alcohol ignition interlock device as defined in
20    Section 1-129.1 of the Illinois Vehicle Code.
21    (p) The provisions of paragraph (c) shall not apply to a
22defendant charged with violating subsection (b) of Section
2311-601.5 of the Illinois Vehicle Code or a similar provision of
24a local ordinance.
25    (q) The provisions of paragraph (c) shall not apply to a
26defendant charged with violating Section 11-605 or 11-605.3 of

 

 

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1the Illinois Vehicle Code or a similar provision of a local
2ordinance.
3(Source: P.A. 95-154, eff. 10-13-07; 95-302, eff. 1-1-08;
495-310, eff. 1-1-08; 95-377, eff. 1-1-08; 95-400, eff. 1-1-09;
595-428, eff. 8-24-07; 95-876, eff. 8-21-08; 96-253, eff.
68-11-09; 96-286, eff. 8-11-09; 96-328, eff. 8-11-09; 96-625,
7eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1002, eff. 1-1-11;
896-1175, eff. 9-20-10; revised 9-16-10.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.