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Public Act 098-0899 |
HB4290 Enrolled | LRB098 15878 RLC 50923 b |
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Firearm Concealed Carry Act is amended by |
changing Section 70 as follows: |
(430 ILCS 66/70)
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Sec. 70. Violations. |
(a) A license issued or renewed under this Act shall be |
revoked if, at any time, the licensee is found to be ineligible |
for a license under this Act or the licensee no longer meets |
the eligibility requirements of the Firearm Owners |
Identification Card Act. |
(b) A license shall be suspended if an order of protection, |
including an emergency order of protection, plenary order of |
protection, or interim order of protection under Article 112A |
of the Code of Criminal Procedure of 1963 or under the Illinois |
Domestic Violence Act of 1986, is issued against a licensee for |
the duration of the order, or if the Department is made aware |
of a similar order issued against the licensee in any other |
jurisdiction. If an order of protection is issued against a |
licensee, the licensee shall surrender the license, as |
applicable, to the court at the time the order is entered or to |
the law enforcement agency or entity serving process at the |
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time the licensee is served the order. The court, law |
enforcement agency, or entity responsible for serving the order |
of protection shall notify the Department within 7 days and |
transmit the license to the Department. |
(c) A license is invalid upon expiration of the license, |
unless the licensee has submitted an application to renew the |
license, and the applicant is otherwise eligible to possess a |
license under this Act. |
(d) A licensee shall not carry a concealed firearm while |
under the influence of alcohol, other drug or drugs, |
intoxicating compound or combination of compounds, or any |
combination thereof, under the standards set forth in |
subsection (a) of Section 11-501 of the Illinois Vehicle Code. |
A licensee in violation of this subsection (d) shall be |
guilty of a Class A misdemeanor for a first or second violation |
and a Class 4 felony for a third violation. The Department may |
suspend a license for up to 6 months for a second violation and |
shall permanently revoke a license for a third violation. |
(e) Except as otherwise provided, a licensee in violation |
of this Act shall be guilty of a Class B misdemeanor. A second |
or subsequent violation is a Class A misdemeanor. The |
Department may suspend a license for up to 6 months for a |
second violation and shall permanently revoke a license for 3 |
or more violations of Section 65 of this Act. Any person |
convicted of a violation under this Section shall pay a $150 |
fee to be deposited into the Mental Health Reporting Fund, plus |
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any applicable court costs or fees. |
(f) A licensee convicted or found guilty of a violation of |
this Act who has a valid license and is otherwise eligible to |
carry a concealed firearm shall only be subject to the |
penalties under this Section and shall not be subject to the |
penalties under Section 21-6, paragraph (4), (8), or (10) of |
subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) |
of paragraph (3) of subsection (a) of Section 24-1.6 of the |
Criminal Code of 2012. Except as otherwise provided in this |
subsection, nothing in this subsection prohibits the licensee |
from being subjected to penalties for violations other than |
those specified in this Act. |
(g) A licensee whose license is revoked, suspended, or |
denied shall, within 48 hours of receiving notice of the |
revocation, suspension, or denial , surrender his or her |
concealed carry license to the local law enforcement agency |
where the person resides. The local law enforcement agency |
shall provide the licensee a receipt and transmit the concealed |
carry license to the Department of State Police. If the |
licensee whose concealed carry license has been revoked, |
suspended, or denied fails to comply with the requirements of |
this subsection, the law enforcement agency where the person |
resides may petition the circuit court to issue a warrant to |
search for and seize the concealed carry license in the |
possession and under the custody or control of the licensee |
whose concealed carry license has been revoked, suspended, or |
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denied. The observation of a concealed carry license in the |
possession of a person whose license has been revoked, |
suspended, or denied constitutes a sufficient basis for the |
arrest of that person for violation of this subsection. A |
violation of this subsection is a Class A misdemeanor. |
(h) A license issued or renewed under this Act shall be |
revoked if, at any time, the licensee is found ineligible for a |
Firearm Owner's Identification Card, or the licensee no longer |
possesses a valid Firearm Owner's Identification Card. A |
licensee whose license is revoked under this subsection (h) |
shall surrender his or her concealed carry license as provided |
for in subsection (g) of this Section. |
This subsection shall not apply to a person who has filed |
an application with the State Police for renewal of a Firearm
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Owner's Identification Card and who is not otherwise ineligible |
to obtain a Firearm Owner's Identification Card.
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(i) A certified firearms instructor who knowingly provides |
or offers to provide a false certification that an applicant |
has completed firearms training as required under this Act is |
guilty of a Class A misdemeanor. A person guilty of a violation |
of this subsection (i) is not eligible for court supervision. |
The Department shall permanently revoke the firearms |
instructor certification of a person convicted under this |
subsection (i). |
(Source: P.A. 98-63, eff. 7-9-13; revised 11-12-13.) |
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Section 10. The Unified Code of Corrections is amended by |
changing Section 5-6-1 as follows:
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(730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
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Sec. 5-6-1. Sentences of Probation and of Conditional
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Discharge and Disposition of Supervision.
The General Assembly |
finds that in order to protect the public, the
criminal justice |
system must compel compliance with the conditions of probation
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by responding to violations with swift, certain and fair |
punishments and
intermediate sanctions. The Chief Judge of each |
circuit shall adopt a system of
structured, intermediate |
sanctions for violations of the terms and conditions
of a |
sentence of probation, conditional discharge or disposition of
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supervision.
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(a) Except where specifically prohibited by other
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provisions of this Code, the court shall impose a sentence
of |
probation or conditional discharge upon an offender
unless, |
having regard to the nature and circumstance of
the offense, |
and to the history, character and condition
of the offender, |
the court is of the opinion that:
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(1) his imprisonment or periodic imprisonment is |
necessary
for the protection of the public; or
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(2) probation or conditional discharge would deprecate
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the seriousness of the offender's conduct and would be
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inconsistent with the ends of justice; or
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(3) a combination of imprisonment with concurrent or |
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consecutive probation when an offender has been admitted |
into a drug court program under Section 20 of the Drug |
Court Treatment Act is necessary for the protection of the |
public and for the rehabilitation of the offender.
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The court shall impose as a condition of a sentence of |
probation,
conditional discharge, or supervision, that the |
probation agency may invoke any
sanction from the list of |
intermediate sanctions adopted by the chief judge of
the |
circuit court for violations of the terms and conditions of the |
sentence of
probation, conditional discharge, or supervision, |
subject to the provisions of
Section 5-6-4 of this Act.
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(b) The court may impose a sentence of conditional
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discharge for an offense if the court is of the opinion
that |
neither a sentence of imprisonment nor of periodic
imprisonment |
nor of probation supervision is appropriate.
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(b-1) Subsections (a) and (b) of this Section do not apply |
to a defendant charged with a misdemeanor or felony under the |
Illinois Vehicle Code or reckless homicide under Section 9-3 of |
the Criminal Code of 1961 or the Criminal Code of 2012 if the |
defendant within the past 12 months has been convicted of or |
pleaded guilty to a misdemeanor or felony under the Illinois |
Vehicle Code or reckless homicide under Section 9-3 of the |
Criminal Code of 1961 or the Criminal Code of 2012. |
(c) The court may, upon a plea of guilty or a stipulation
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by the defendant of the facts supporting the charge or a
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finding of guilt, defer further proceedings and the
imposition |
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of a sentence, and enter an order for supervision of the |
defendant,
if the defendant is not charged with: (i) a Class A |
misdemeanor, as
defined by the following provisions of the |
Criminal Code of 1961 or the Criminal Code of 2012: Sections
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11-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6; |
31-7; paragraphs (2) and (3) of subsection (a) of Section
21-1;
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paragraph (1) through (5), (8), (10), and (11) of subsection |
(a) of Section
24-1; (ii) a Class A misdemeanor violation of |
Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals |
Act; or (iii)
a felony.
If the defendant
is not barred from |
receiving an order for supervision as provided in this
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subsection, the court may enter an order for supervision after |
considering the
circumstances of the offense, and the history,
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character and condition of the offender, if the court is of the |
opinion
that:
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(1) the offender is not likely to commit further |
crimes;
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(2) the defendant and the public would be best served |
if the
defendant were not to receive a criminal record; and
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(3) in the best interests of justice an order of |
supervision
is more appropriate than a sentence otherwise |
permitted under this Code.
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(c-5) Subsections (a), (b), and (c) of this Section do not |
apply to a defendant charged with a second or subsequent |
violation of Section 6-303 of the Illinois Vehicle Code |
committed while his or her driver's license, permit or |
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privileges were revoked because of a violation of Section 9-3 |
of the Criminal Code of 1961 or the Criminal Code of 2012, |
relating to the offense of reckless homicide, or a similar |
provision of a law of another state.
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(d) The provisions of paragraph (c) shall not apply to a |
defendant charged
with violating Section 11-501 of the Illinois |
Vehicle Code or a similar
provision of a local
ordinance when |
the defendant has previously been:
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(1) convicted for a violation of Section 11-501 of
the |
Illinois Vehicle
Code or a similar provision of a
local |
ordinance or any similar law or ordinance of another state; |
or
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(2) assigned supervision for a violation of Section |
11-501 of the Illinois
Vehicle Code or a similar provision |
of a local ordinance or any similar law
or ordinance of |
another state; or
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(3) pleaded guilty to or stipulated to the facts |
supporting
a charge or a finding of guilty to a violation |
of Section 11-503 of the
Illinois Vehicle Code or a similar |
provision of a local ordinance or any
similar law or |
ordinance of another state, and the
plea or stipulation was |
the result of a plea agreement.
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The court shall consider the statement of the prosecuting
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authority with regard to the standards set forth in this |
Section.
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(e) The provisions of paragraph (c) shall not apply to a |
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defendant
charged with violating Section 16-25 or 16A-3 of the |
Criminal Code of 1961 or the Criminal Code of 2012 if said
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defendant has within the last 5 years been:
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(1) convicted for a violation of Section 16-25 or 16A-3 |
of the Criminal Code of
1961 or the Criminal Code of 2012; |
or
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(2) assigned supervision for a violation of Section |
16-25 or 16A-3 of the Criminal
Code of 1961 or the Criminal |
Code of 2012.
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The court shall consider the statement of the prosecuting |
authority with
regard to the standards set forth in this |
Section.
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(f) The provisions of paragraph (c) shall not apply to a |
defendant
charged with violating Sections 15-111, 15-112, |
15-301, paragraph (b)
of Section 6-104, Section 11-605, Section |
11-1002.5, or Section 11-1414
of the Illinois Vehicle Code or a |
similar provision of a local ordinance.
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(g) Except as otherwise provided in paragraph (i) of this |
Section, the
provisions of paragraph (c) shall not apply to a
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defendant charged with violating Section
3-707, 3-708, 3-710, |
or 5-401.3
of the Illinois Vehicle Code or a similar provision |
of a local ordinance if the
defendant has within the last 5 |
years been:
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(1) convicted for a violation of Section 3-707, 3-708, |
3-710, or 5-401.3
of the Illinois Vehicle Code or a similar |
provision of a local
ordinance; or
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(2) assigned supervision for a violation of Section |
3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle |
Code or a similar provision of a local
ordinance.
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The court shall consider the statement of the prosecuting |
authority with
regard to the standards set forth in this |
Section.
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(h) The provisions of paragraph (c) shall not apply to a |
defendant under
the age of 21 years charged with violating a |
serious traffic offense as defined
in Section 1-187.001 of the |
Illinois Vehicle Code:
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(1) unless the defendant, upon payment of the fines, |
penalties, and costs
provided by law, agrees to attend and |
successfully complete a traffic safety
program approved by |
the court under standards set by the Conference of Chief
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Circuit Judges. The accused shall be responsible for |
payment of any traffic
safety program fees. If the accused |
fails to file a certificate of
successful completion on or |
before the termination date of the supervision
order, the |
supervision shall be summarily revoked and conviction |
entered. The
provisions of Supreme Court Rule 402 relating |
to pleas of guilty do not apply
in cases when a defendant |
enters a guilty plea under this provision; or
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(2) if the defendant has previously been sentenced |
under the provisions of
paragraph (c) on or after January |
1, 1998 for any serious traffic offense as
defined in |
Section 1-187.001 of the Illinois Vehicle Code.
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(h-1) The provisions of paragraph (c) shall not apply to a |
defendant under the age of 21 years charged with an offense |
against traffic regulations governing the movement of vehicles |
or any violation of Section 6-107 or Section 12-603.1 of the |
Illinois Vehicle Code, unless the defendant, upon payment of |
the fines, penalties, and costs provided by law, agrees to |
attend and successfully complete a traffic safety program |
approved by the court under standards set by the Conference of |
Chief Circuit Judges. The accused shall be responsible for |
payment of any traffic safety program fees. If the accused |
fails to file a certificate of successful completion on or |
before the termination date of the supervision order, the |
supervision shall be summarily revoked and conviction entered. |
The provisions of Supreme Court Rule 402 relating to pleas of |
guilty do not apply in cases when a defendant enters a guilty |
plea under this provision.
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(i) The provisions of paragraph (c) shall not apply to a |
defendant charged
with violating Section 3-707 of the Illinois |
Vehicle Code or a similar
provision of a local ordinance if the |
defendant has been assigned supervision
for a violation of |
Section 3-707 of the Illinois Vehicle Code or a similar
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provision of a local ordinance.
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(j) The provisions of paragraph (c) shall not apply to a
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defendant charged with violating
Section 6-303 of the Illinois |
Vehicle Code or a similar provision of
a local ordinance when |
the revocation or suspension was for a violation of
Section |
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11-501 or a similar provision of a local ordinance or a |
violation of
Section 11-501.1 or paragraph (b) of Section |
11-401 of the Illinois Vehicle
Code if the
defendant has within |
the last 10 years been:
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(1) convicted for a violation of Section 6-303 of the |
Illinois Vehicle
Code or a similar provision of a local |
ordinance; or
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(2) assigned supervision for a violation of Section |
6-303 of the Illinois
Vehicle Code or a similar provision |
of a local ordinance. |
(k) The provisions of paragraph (c) shall not apply to a
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defendant charged with violating
any provision of the Illinois |
Vehicle Code or a similar provision of a local ordinance that |
governs the movement of vehicles if, within the 12 months |
preceding the date of the defendant's arrest, the defendant has |
been assigned court supervision on 2 occasions for a violation |
that governs the movement of vehicles under the Illinois |
Vehicle Code or a similar provision of a local ordinance.
The |
provisions of this paragraph (k) do not apply to a defendant |
charged with violating Section 11-501 of the Illinois Vehicle |
Code or a similar provision of a local ordinance.
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(l) A defendant charged with violating any provision of the |
Illinois Vehicle Code or a similar provision of a local |
ordinance who receives a disposition of supervision under |
subsection (c) shall pay an additional fee of $29, to be |
collected as provided in Sections 27.5 and 27.6 of the Clerks |
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of Courts Act. In addition to the $29 fee, the person shall |
also pay a fee of $6, which, if not waived by the court, shall |
be collected as provided in Sections 27.5 and 27.6 of the |
Clerks of Courts Act. The $29 fee shall be disbursed as |
provided in Section 16-104c of the Illinois Vehicle Code. If |
the $6 fee is collected, $5.50 of the fee shall be deposited |
into the Circuit Court Clerk Operation and Administrative Fund |
created by the Clerk of the Circuit Court and 50 cents of the |
fee shall be deposited into the Prisoner Review Board Vehicle |
and Equipment Fund in the State treasury.
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(m) Any person convicted of, pleading guilty to, or placed |
on supervision for a serious traffic violation, as defined in |
Section 1-187.001 of the Illinois Vehicle Code, a violation of |
Section 11-501 of the Illinois Vehicle Code, or a violation of |
a similar provision of a local ordinance shall pay an |
additional fee of $35, to be disbursed as provided in Section |
16-104d of that Code. |
This subsection (m) becomes inoperative 7 years after |
October 13, 2007 (the effective date of Public Act 95-154).
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(n)
The provisions of paragraph (c) shall not apply to any |
person under the age of 18 who commits an offense against |
traffic regulations governing the movement of vehicles or any |
violation of Section 6-107 or Section 12-603.1 of the Illinois |
Vehicle Code, except upon personal appearance of the defendant |
in court and upon the written consent of the defendant's parent |
or legal guardian, executed before the presiding judge. The |
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presiding judge shall have the authority to waive this |
requirement upon the showing of good cause by the defendant.
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(o)
The provisions of paragraph (c) shall not apply to a |
defendant charged with violating Section 6-303 of the Illinois |
Vehicle Code or a similar provision of a local ordinance when |
the suspension was for a violation of Section 11-501.1 of the |
Illinois Vehicle Code and when: |
(1) at the time of the violation of Section 11-501.1 of |
the Illinois Vehicle Code, the defendant was a first |
offender pursuant to Section 11-500 of the Illinois Vehicle |
Code and the defendant failed to obtain a monitoring device |
driving permit; or |
(2) at the time of the violation of Section 11-501.1 of |
the Illinois Vehicle Code, the defendant was a first |
offender pursuant to Section 11-500 of the Illinois Vehicle |
Code, had subsequently obtained a monitoring device |
driving permit, but was driving a vehicle not equipped with |
a breath alcohol ignition interlock device as defined in |
Section 1-129.1 of the Illinois Vehicle Code.
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(p) The provisions of paragraph (c) shall not apply to a |
defendant charged with violating Section 11-601.5 of the |
Illinois Vehicle Code or a similar provision of a local |
ordinance. |
(q) The provisions of paragraph (c) shall not apply to a |
defendant charged with violating subsection (b) of Section |
11-601 of the Illinois Vehicle Code when the defendant was |
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operating a vehicle, in an urban district, at a speed in excess |
of 25 miles per hour over the posted speed limit. |
(r) The provisions of paragraph (c) shall not apply to a |
defendant charged with violating any provision of the Illinois |
Vehicle Code or a similar provision of a local ordinance if the |
violation was the proximate cause of the death of another and |
the defendant's driving abstract contains a prior conviction or |
disposition of court supervision for any violation of the |
Illinois Vehicle Code, other than an equipment violation, or a |
suspension, revocation, or cancellation of the driver's |
license. |
(s) The provisions of paragraph (c) shall not apply to a |
defendant charged
with violating subsection (i) of Section 70 |
of the Firearm Concealed Carry Act. |
(Source: P.A. 97-333, eff. 8-12-11; 97-597, eff. 1-1-12; |
97-831, eff. 7-1-13; 97-1108, eff. 1-1-13; 97-1150, eff. |
1-25-13; 98-169, eff. 1-1-14.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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