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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
5 | Sections 6-205, 6-208 and 6-303 as follows:
| ||||||
6 | (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
| ||||||
7 | Sec. 6-205. Mandatory revocation of license or permit; | ||||||
8 | Hardship cases.
| ||||||
9 | (a) Except as provided in this Section, the Secretary of | ||||||
10 | State shall
immediately revoke the license, permit, or driving | ||||||
11 | privileges of
any driver upon receiving a
report of the | ||||||
12 | driver's conviction of any of the following offenses:
| ||||||
13 | 1. Reckless homicide resulting from the operation of a | ||||||
14 | motor vehicle;
| ||||||
15 | 2. Violation of Section 11-501 of this Code or a | ||||||
16 | similar provision of
a local ordinance relating to the | ||||||
17 | offense of operating or being in physical
control of a | ||||||
18 | vehicle while under the influence of alcohol, other drug or
| ||||||
19 | drugs, intoxicating compound or compounds, or any | ||||||
20 | combination thereof;
| ||||||
21 | 3. Any felony under the laws of any State or the | ||||||
22 | federal government
in the commission of which a motor | ||||||
23 | vehicle was used;
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| |||||||
1 | 4. Violation of Section 11-401 of this Code relating to | ||||||
2 | the offense of
leaving the scene of a traffic accident | ||||||
3 | involving death or personal injury;
| ||||||
4 | 5. Perjury or the making of a false affidavit or | ||||||
5 | statement under
oath to the Secretary of State under this | ||||||
6 | Code or under any
other law relating to the ownership or | ||||||
7 | operation of motor vehicles;
| ||||||
8 | 6. Conviction upon 3 charges of violation of Section | ||||||
9 | 11-503 of this
Code relating to the offense of reckless | ||||||
10 | driving committed within a
period of 12 months;
| ||||||
11 | 7. Conviction of any offense
defined in
Section 4-102 | ||||||
12 | of this Code;
| ||||||
13 | 8. Violation of Section 11-504 of this Code relating to | ||||||
14 | the offense
of drag racing;
| ||||||
15 | 9. Violation of Chapters 8 and 9 of this Code;
| ||||||
16 | 10. Violation of Section 12-5 of the Criminal Code of | ||||||
17 | 1961 arising from
the use of a motor vehicle;
| ||||||
18 | 11. Violation of Section 11-204.1 of this Code relating | ||||||
19 | to aggravated
fleeing or attempting to elude a peace | ||||||
20 | officer;
| ||||||
21 | 12. Violation of paragraph (1) of subsection (b) of | ||||||
22 | Section 6-507,
or a similar law of any other state, | ||||||
23 | relating to the
unlawful operation of a commercial motor | ||||||
24 | vehicle;
| ||||||
25 | 13. Violation of paragraph (a) of Section 11-502 of | ||||||
26 | this Code or a
similar provision of a local ordinance if |
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| |||||||
1 | the driver has been previously
convicted of a violation of | ||||||
2 | that Section or a similar provision of a local
ordinance | ||||||
3 | and the driver was less than 21 years of age at the time of | ||||||
4 | the
offense.
| ||||||
5 | (b) The Secretary of State shall also immediately revoke | ||||||
6 | the license
or permit of any driver in the following | ||||||
7 | situations:
| ||||||
8 | 1. Of any minor upon receiving the notice provided for | ||||||
9 | in Section
5-901 of the Juvenile Court Act of 1987 that the | ||||||
10 | minor has been
adjudicated under that Act as having | ||||||
11 | committed an offense relating to
motor vehicles prescribed | ||||||
12 | in Section 4-103 of this Code;
| ||||||
13 | 2. Of any person when any other law of this State | ||||||
14 | requires either the
revocation or suspension of a license | ||||||
15 | or permit.
| ||||||
16 | (c) Except as provided in subsection (c-5), whenever
| ||||||
17 | Whenever a person is convicted of any of the offenses | ||||||
18 | enumerated in
this Section, the court may recommend and the | ||||||
19 | Secretary of State in his
discretion, without regard to whether | ||||||
20 | the recommendation is made by the
court may, upon application,
| ||||||
21 | issue to the person a
restricted driving permit granting the | ||||||
22 | privilege of driving a motor
vehicle between the petitioner's | ||||||
23 | residence and petitioner's place
of employment or within the | ||||||
24 | scope of the petitioner's employment related
duties, or to | ||||||
25 | allow transportation for the petitioner or a household member
| ||||||
26 | of the petitioner's family for the receipt of necessary medical |
| |||||||
| |||||||
1 | care or, if
the professional evaluation indicates, provide | ||||||
2 | transportation for the
petitioner for alcohol remedial or | ||||||
3 | rehabilitative activity, or for the
petitioner to attend | ||||||
4 | classes, as a student, in an accredited educational
| ||||||
5 | institution; if the petitioner is able to demonstrate that no | ||||||
6 | alternative means
of transportation is reasonably available | ||||||
7 | and the petitioner will not endanger
the public safety or | ||||||
8 | welfare; provided that the Secretary's discretion shall be
| ||||||
9 | limited to cases where undue hardship would result from a | ||||||
10 | failure to issue the
restricted driving permit.
| ||||||
11 | If a person's license or permit has been revoked or | ||||||
12 | suspended due to 2 or
more convictions of violating Section | ||||||
13 | 11-501 of this Code or a similar
provision of a local ordinance | ||||||
14 | or a similar out-of-state offense, arising out
of separate | ||||||
15 | occurrences, that person, if issued a restricted driving | ||||||
16 | permit,
may not operate a vehicle unless it has been equipped | ||||||
17 | with an ignition
interlock device as defined in Section | ||||||
18 | 1-129.1.
| ||||||
19 | If a person's license or permit has been revoked or | ||||||
20 | suspended 2 or more
times within a 10 year period due to a | ||||||
21 | single conviction of violating Section
11-501 of this Code or a | ||||||
22 | similar provision of a local ordinance or a similar
| ||||||
23 | out-of-state offense, and a statutory summary suspension under | ||||||
24 | Section
11-501.1, or 2 or more statutory summary suspensions, | ||||||
25 | or combination of 2
offenses, or of an offense and a statutory | ||||||
26 | summary suspension, arising out of
separate occurrences, or if |
| |||||||
| |||||||
1 | a person has been convicted of one violation of Section 6-303 | ||||||
2 | of this Code committed while his or her driver's license, | ||||||
3 | permit, or privilege was revoked because of a violation of | ||||||
4 | Section 9-3 of the Criminal Code of 1961, relating to the | ||||||
5 | offense of reckless homicide, or a similar provision of a law | ||||||
6 | of another state, that person, if issued a restricted
driving | ||||||
7 | permit, may not operate a vehicle unless it has been equipped | ||||||
8 | with an
ignition interlock device as defined in Section | ||||||
9 | 1-129.1.
The person must pay to the Secretary of State DUI | ||||||
10 | Administration Fund an amount
not to exceed $20 per month. The | ||||||
11 | Secretary shall establish by rule the amount
and the | ||||||
12 | procedures, terms, and conditions relating to these fees.
If | ||||||
13 | the restricted driving permit was issued for employment | ||||||
14 | purposes, then
this provision does not apply to the operation | ||||||
15 | of an occupational vehicle
owned or leased by that person's | ||||||
16 | employer.
In each case the Secretary of State may issue a
| ||||||
17 | restricted driving permit for a period he deems appropriate, | ||||||
18 | except that the
permit shall expire within one year from the | ||||||
19 | date of issuance. The Secretary
may not, however, issue a | ||||||
20 | restricted driving permit to any person whose current
| ||||||
21 | revocation is the result of a second or subsequent conviction | ||||||
22 | for a violation
of Section 11-501 of this Code or a similar | ||||||
23 | provision of a local ordinance
relating to the offense of | ||||||
24 | operating or being in physical control of a motor
vehicle while | ||||||
25 | under the influence of alcohol, other drug or drugs, | ||||||
26 | intoxicating
compound or compounds, or any similar |
| |||||||
| |||||||
1 | out-of-state offense, or any combination
thereof, until the | ||||||
2 | expiration of at least one year from the date of the
| ||||||
3 | revocation. A restricted
driving permit issued under this | ||||||
4 | Section shall be
subject to cancellation, revocation, and | ||||||
5 | suspension by the Secretary of
State in like manner and for | ||||||
6 | like cause as a driver's license issued
under this Code may be | ||||||
7 | cancelled, revoked, or
suspended; except that a conviction upon | ||||||
8 | one or more offenses against laws or
ordinances regulating the | ||||||
9 | movement of traffic shall be deemed sufficient cause
for the | ||||||
10 | revocation, suspension, or cancellation of a restricted | ||||||
11 | driving permit.
The Secretary of State may, as a condition to | ||||||
12 | the issuance of a restricted
driving permit, require the | ||||||
13 | applicant to participate in a designated driver
remedial or | ||||||
14 | rehabilitative program. The Secretary of State is authorized to
| ||||||
15 | cancel a restricted driving permit if the permit holder does | ||||||
16 | not successfully
complete the program. However, if an | ||||||
17 | individual's driving privileges have been
revoked in | ||||||
18 | accordance with paragraph 13 of subsection (a) of this Section, | ||||||
19 | no
restricted driving permit shall be issued until the | ||||||
20 | individual has served 6
months of the revocation period.
| ||||||
21 | (c-5) The Secretary may not issue a restricted driving | ||||||
22 | permit to any person who has been convicted of a second or | ||||||
23 | subsequent violation of Section 6-303 of this Code committed | ||||||
24 | while his or her driver's license, permit, or privilege was | ||||||
25 | revoked because of a violation of Section 9-3 of the Criminal | ||||||
26 | Code of 1961, relating to the offense of reckless homicide, or |
| |||||||
| |||||||
1 | a similar provision of a law of another state.
| ||||||
2 | (d) Whenever a person under the age of 21 is convicted | ||||||
3 | under Section
11-501 of this Code or a similar provision of a | ||||||
4 | local ordinance, the
Secretary of State shall revoke the | ||||||
5 | driving privileges of that person. One
year after the date of | ||||||
6 | revocation, and upon application, the Secretary of
State may, | ||||||
7 | if satisfied that the person applying will not endanger the
| ||||||
8 | public safety or welfare, issue a restricted driving permit | ||||||
9 | granting the
privilege of driving a motor vehicle only between | ||||||
10 | the hours of 5 a.m. and 9
p.m. or as otherwise provided by this | ||||||
11 | Section for a period of one year.
After this one year period, | ||||||
12 | and upon reapplication for a license as
provided in Section | ||||||
13 | 6-106, upon payment of the appropriate reinstatement
fee | ||||||
14 | provided under paragraph (b) of Section 6-118, the Secretary of | ||||||
15 | State,
in his discretion, may
issue the applicant a
license, or | ||||||
16 | extend the restricted driving permit as many times as the
| ||||||
17 | Secretary of State deems appropriate, by additional periods of | ||||||
18 | not more than
12 months each, until the applicant attains 21 | ||||||
19 | years of age.
| ||||||
20 | If a person's license or permit has been revoked or | ||||||
21 | suspended due to 2 or
more convictions of violating Section | ||||||
22 | 11-501 of this Code or a similar
provision of a local ordinance | ||||||
23 | or a similar out-of-state offense, arising out
of separate | ||||||
24 | occurrences, that person, if issued a restricted driving | ||||||
25 | permit,
may not operate a vehicle unless it has been equipped | ||||||
26 | with an ignition
interlock device as defined in Section |
| |||||||
| |||||||
1 | 1-129.1.
| ||||||
2 | If a person's license or permit has been revoked or | ||||||
3 | suspended 2 or more times
within a 10 year period due to a | ||||||
4 | single conviction of violating Section 11-501
of this
Code or a | ||||||
5 | similar provision of a local ordinance or a similar | ||||||
6 | out-of-state
offense, and
a statutory summary suspension under | ||||||
7 | Section 11-501.1, or 2 or more statutory
summary
suspensions, | ||||||
8 | or combination of 2 offenses, or of an offense and a statutory
| ||||||
9 | summary
suspension, arising out of separate occurrences, that | ||||||
10 | person, if issued a
restricted
driving permit, may not operate | ||||||
11 | a vehicle unless it has been equipped with an
ignition | ||||||
12 | interlock device as defined in Section 1-129.1.
The person must | ||||||
13 | pay to the Secretary of State DUI Administration Fund an amount
| ||||||
14 | not to exceed $20 per month. The Secretary shall establish by | ||||||
15 | rule the amount
and the procedures, terms, and conditions | ||||||
16 | relating to these fees.
If the restricted driving permit was | ||||||
17 | issued for employment purposes, then
this provision does not | ||||||
18 | apply to the operation of an occupational vehicle
owned or | ||||||
19 | leased by that person's employer. A
restricted driving permit | ||||||
20 | issued under this Section shall be subject to
cancellation, | ||||||
21 | revocation, and suspension by the Secretary of State in like
| ||||||
22 | manner and for like cause as a driver's license issued under | ||||||
23 | this Code may be
cancelled, revoked, or suspended; except that | ||||||
24 | a conviction upon one or more
offenses against laws or | ||||||
25 | ordinances regulating the movement of traffic
shall be deemed | ||||||
26 | sufficient cause for the revocation, suspension, or
|
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| |||||||
1 | cancellation of a restricted driving permit.
The revocation | ||||||
2 | periods contained in this subparagraph shall apply to similar
| ||||||
3 | out-of-state convictions.
| ||||||
4 | (d-5) The revocation of the license, permit, or driving | ||||||
5 | privileges of a person convicted of a third or subsequent | ||||||
6 | violation of Section 6-303 of this Code committed while his or | ||||||
7 | her driver's license, permit, or privilege was revoked because | ||||||
8 | of a violation of Section 9-3 of the Criminal Code of 1961, | ||||||
9 | relating to the offense of reckless homicide, or a similar | ||||||
10 | provision of a law of another state, is permanent. The | ||||||
11 | Secretary may not, at any time, issue a license or permit to | ||||||
12 | that person.
| ||||||
13 | (e) This Section is subject to the provisions of the Driver | ||||||
14 | License
Compact.
| ||||||
15 | (f) Any revocation imposed upon any person under | ||||||
16 | subsections 2
and 3 of paragraph (b) that is in effect on | ||||||
17 | December 31, 1988 shall be
converted to a suspension for a like | ||||||
18 | period of time.
| ||||||
19 | (g) The Secretary of State shall not issue a restricted | ||||||
20 | driving permit to
a person under the age of 16 years whose | ||||||
21 | driving privileges have been revoked
under any provisions of | ||||||
22 | this Code.
| ||||||
23 | (h) The Secretary of State shall require the use of | ||||||
24 | ignition interlock
devices on all vehicles owned by an | ||||||
25 | individual who has been convicted of a
second or subsequent | ||||||
26 | offense under Section 11-501 of this Code or a similar
|
| |||||||
| |||||||
1 | provision of a local ordinance. The Secretary shall establish | ||||||
2 | by rule and
regulation the procedures for certification and use | ||||||
3 | of the interlock
system.
| ||||||
4 | (i) The Secretary of State may not issue a restricted | ||||||
5 | driving permit for
a period of one year after a second or | ||||||
6 | subsequent revocation of driving
privileges under clause | ||||||
7 | (a)(2) of this Section; however, one
year after the date of a | ||||||
8 | second or subsequent revocation of driving privileges
under | ||||||
9 | clause (a)(2) of this Section, the Secretary of State may,
upon | ||||||
10 | application, issue a restricted driving permit under the terms | ||||||
11 | and
conditions of subsection (c).
| ||||||
12 | (j) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
13 | State may not issue a restricted driving permit for the | ||||||
14 | operation of a commercial motor vehicle to a person holding a | ||||||
15 | CDL whose driving privileges have been revoked under any | ||||||
16 | provisions of this Code.
| ||||||
17 | (Source: P.A. 93-120, eff. 1-1-04; 94-307, eff. 9-30-05.)
| ||||||
18 | (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
| ||||||
19 | Sec. 6-208. Period of Suspension - Application After | ||||||
20 | Revocation.
| ||||||
21 | (a) Except as otherwise provided by this Code or any other | ||||||
22 | law of this
State, the Secretary of State shall not suspend a | ||||||
23 | driver's license,
permit or privilege to drive a motor vehicle | ||||||
24 | on the highways for a
period of more than one year.
| ||||||
25 | (b) Any person whose license, permit or privilege to drive |
| |||||||
| |||||||
1 | a motor
vehicle on the highways has been revoked shall not be | ||||||
2 | entitled to have
such license, permit or privilege renewed or | ||||||
3 | restored. However, such
person may, except as provided under | ||||||
4 | subsections
subsection (d) and (d-5) of Section 6-205, make
| ||||||
5 | application for a license pursuant to Section 6-106 (i) if the | ||||||
6 | revocation
was
for a cause which has been removed or (ii) as | ||||||
7 | provided in the following
subparagraphs:
| ||||||
8 | 1. Except as provided in subparagraphs 1.5, 2, 3, and
| ||||||
9 | 4 , and 5 ,
the person may make application for a license | ||||||
10 | after the expiration of one
year from the effective date of | ||||||
11 | the revocation
or, in the case of a violation of paragraph | ||||||
12 | (b) of Section 11-401 of this
Code or a similar provision | ||||||
13 | of a local ordinance, after the expiration of 3
years from | ||||||
14 | the effective date of the revocation or, in the case of a | ||||||
15 | violation
of Section 9-3 of the Criminal Code of 1961 or a | ||||||
16 | similar provision of a law of another state relating to the | ||||||
17 | offense of reckless
homicide or a violation of subparagraph | ||||||
18 | (F) of paragraph 1 of subsection (d) of Section 11-501 of | ||||||
19 | this Code relating to aggravated driving under the | ||||||
20 | influence of alcohol, other drug or drugs, intoxicating | ||||||
21 | compound or compounds, or any combination thereof, if the | ||||||
22 | violation was the proximate cause of a death, after the | ||||||
23 | expiration of 2 years from the effective date of the
| ||||||
24 | revocation
or after the expiration of 24 months from the | ||||||
25 | date of release from
a
period of imprisonment as provided | ||||||
26 | in Section
6-103 of this Code, whichever is later.
|
| |||||||
| |||||||
1 | 1.5. If the person is convicted of a violation of | ||||||
2 | Section 6-303 of this Code committed while his or her | ||||||
3 | driver's license, permit, or privilege was revoked because | ||||||
4 | of a violation of Section 9-3 of the Criminal Code of 1961, | ||||||
5 | relating to the offense of reckless homicide, or a similar | ||||||
6 | provision of a law of another state, the person may not | ||||||
7 | make application for a license or permit until the | ||||||
8 | expiration of 3 years from the effective date of the most | ||||||
9 | recent revocation.
| ||||||
10 | 2. If such person is convicted of committing a second | ||||||
11 | violation within a
20 year period of:
| ||||||
12 | (A) Section 11-501 of this Code, or a similar | ||||||
13 | provision of a local
ordinance; or
| ||||||
14 | (B) Paragraph (b) of Section 11-401 of this Code, | ||||||
15 | or a similar
provision
of a local ordinance; or
| ||||||
16 | (C) Section 9-3 of the Criminal Code of 1961, as | ||||||
17 | amended, relating
to the
offense of reckless homicide; | ||||||
18 | or
| ||||||
19 | (D) any combination of the above offenses | ||||||
20 | committed at different
instances;
| ||||||
21 | then such person may not make application for a license | ||||||
22 | until after
the expiration of 5 years from the effective | ||||||
23 | date of the most recent
revocation. The 20 year period | ||||||
24 | shall be computed by using the dates the
offenses were | ||||||
25 | committed and shall also include similar out-of-state
| ||||||
26 | offenses.
|
| |||||||
| |||||||
1 | 3. However, except as provided in subparagraph 4, if | ||||||
2 | such person is
convicted of committing a third, or
| ||||||
3 | subsequent, violation or any combination of the above | ||||||
4 | offenses, including
similar out-of-state offenses, | ||||||
5 | contained in subparagraph 2, then such person
may not make | ||||||
6 | application for a license until after the expiration of 10 | ||||||
7 | years
from the effective date of the most recent | ||||||
8 | revocation.
| ||||||
9 | 4. The person may not make application for a license if | ||||||
10 | the person is
convicted of committing a fourth or | ||||||
11 | subsequent
violation of Section 11-501 of this Code or a | ||||||
12 | similar provision of a local
ordinance, Section 11-401 of | ||||||
13 | this Code, Section 9-3 of the
Criminal Code of 1961, or
a | ||||||
14 | combination of these offenses
or similar provisions of | ||||||
15 | local ordinances
or similar out-of-state offenses.
| ||||||
16 | 5. The person may not make application for a license or | ||||||
17 | permit if the person is convicted of a third or subsequent | ||||||
18 | violation of Section 6-303 of this Code committed while his | ||||||
19 | or her driver's license, permit, or privilege was revoked | ||||||
20 | because of a violation of Section 9-3 of the Criminal Code | ||||||
21 | of 1961, relating to the offense of reckless homicide, or a | ||||||
22 | similar provision of a law of another state.
| ||||||
23 | Notwithstanding any other provision of this Code, all | ||||||
24 | persons referred to
in this paragraph (b) may not have their | ||||||
25 | privileges restored until the
Secretary receives payment of the | ||||||
26 | required reinstatement fee pursuant to
subsection (b) of |
| |||||||
| |||||||
1 | Section 6-118.
| ||||||
2 | In no event shall the Secretary issue such license
unless | ||||||
3 | and until such person has had a hearing pursuant to this Code | ||||||
4 | and
the appropriate administrative rules and the Secretary is
| ||||||
5 | satisfied, after a review or investigation of such person, that
| ||||||
6 | to grant the privilege of driving a motor vehicle on the | ||||||
7 | highways will
not endanger the public safety or welfare.
| ||||||
8 | (c) (Blank).
| ||||||
9 | (Source: P.A. 92-343, eff. 1-1-02; 92-418, eff. 8-17-01; | ||||||
10 | 92-458, eff. 8-22-01; 92-651, eff. 7-11-02; 93-712, eff. | ||||||
11 | 1-1-05; 93-788, eff. 1-1-05; revised 10-14-04.)
| ||||||
12 | (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
| ||||||
13 | Sec. 6-303. Driving while driver's license, permit or | ||||||
14 | privilege to
operate a motor vehicle is suspended or revoked.
| ||||||
15 | (a) Except as otherwise provided in subsection (a-5), any
| ||||||
16 | Any person who drives or is in actual physical control of a | ||||||
17 | motor
vehicle on any highway of this State at a time when such | ||||||
18 | person's driver's
license, permit or privilege to do so or the | ||||||
19 | privilege to obtain a driver's
license or permit is revoked or | ||||||
20 | suspended as provided by this Code or the law
of another state, | ||||||
21 | except as may be specifically allowed by a judicial driving
| ||||||
22 | permit, family financial responsibility driving permit, | ||||||
23 | probationary
license to drive, or a restricted driving permit | ||||||
24 | issued pursuant to this Code
or under the law of another state, | ||||||
25 | shall be guilty of a Class A misdemeanor.
|
| |||||||
| |||||||
1 | (a-5) Any person who violates this Section as provided in | ||||||
2 | subsection (a) while his or her driver's license, permit or | ||||||
3 | privilege is revoked because of a violation of Section 9-3 of | ||||||
4 | the Criminal Code of 1961, relating to the offense of reckless | ||||||
5 | homicide or a similar provision of a law of another state, is | ||||||
6 | guilty of a Class 4 felony. The person shall be required to | ||||||
7 | undergo a professional evaluation, as provided in Section | ||||||
8 | 11-501 of this Code, to determine if an alcohol, drug, or | ||||||
9 | intoxicating compound problem exists and the extent of the | ||||||
10 | problem, and to undergo the imposition of treatment as | ||||||
11 | appropriate.
| ||||||
12 | (b) The Secretary of State upon receiving a report of the | ||||||
13 | conviction
of any violation indicating a person was operating a | ||||||
14 | motor vehicle during
the time when said person's driver's | ||||||
15 | license, permit or privilege was
suspended by the Secretary, by | ||||||
16 | the appropriate authority of another state,
or pursuant to | ||||||
17 | Section 11-501.1; except as may
be specifically allowed by a | ||||||
18 | probationary license to drive, judicial
driving permit or | ||||||
19 | restricted driving permit issued pursuant to this Code or
the | ||||||
20 | law of another state;
shall extend the suspension for the same | ||||||
21 | period of time as the originally
imposed suspension; however, | ||||||
22 | if the period of suspension has then expired,
the Secretary | ||||||
23 | shall be authorized to suspend said person's driving
privileges | ||||||
24 | for the same period of time as the originally imposed
| ||||||
25 | suspension; and if the conviction was upon a charge which | ||||||
26 | indicated that a
vehicle was operated during the time when the |
| |||||||
| |||||||
1 | person's driver's license,
permit or privilege was revoked; | ||||||
2 | except as may be allowed by a restricted
driving permit issued | ||||||
3 | pursuant to this Code or the law of another state;
the | ||||||
4 | Secretary shall not issue
a driver's license for an additional | ||||||
5 | period of one year from the date of
such conviction indicating | ||||||
6 | such person was operating a vehicle during such
period of | ||||||
7 | revocation.
| ||||||
8 | (b-5) Any person convicted of violating this Section shall | ||||||
9 | serve a minimum
term of imprisonment of 30 consecutive days or | ||||||
10 | 300
hours of community service
when the person's driving | ||||||
11 | privilege was revoked or suspended as a result of a violation | ||||||
12 | of Section 9-3 of the Criminal Code of 1961, as amended,
| ||||||
13 | relating to the offense of reckless homicide, or a similar | ||||||
14 | provision of a law of another state.
| ||||||
15 | (c) Any person convicted of violating this Section shall | ||||||
16 | serve a minimum
term of imprisonment of 10 consecutive days or | ||||||
17 | 30
days of community service
when the person's driving | ||||||
18 | privilege was revoked or suspended as a result of:
| ||||||
19 | (1) a violation of Section 11-501 of this Code or a | ||||||
20 | similar provision
of a local ordinance relating to the | ||||||
21 | offense of operating or being in physical
control of a | ||||||
22 | vehicle while under the influence of alcohol, any other | ||||||
23 | drug
or any combination thereof; or
| ||||||
24 | (2) a violation of paragraph (b) of Section 11-401 of | ||||||
25 | this Code or a
similar provision of a local ordinance | ||||||
26 | relating to the offense of leaving the
scene of a motor |
| |||||||
| |||||||
1 | vehicle accident involving personal injury or death; or
| ||||||
2 | (3) a violation of Section 9-3 of the Criminal Code of | ||||||
3 | 1961, as amended,
relating to the offense of reckless | ||||||
4 | homicide; or
| ||||||
5 | (4) a statutory summary suspension under Section | ||||||
6 | 11-501.1 of this
Code.
| ||||||
7 | Such sentence of imprisonment or community service shall | ||||||
8 | not be subject
to suspension in order to reduce such sentence.
| ||||||
9 | (c-1) Except as provided in subsections (c-5) and
| ||||||
10 | subsection (d), any person convicted of a
second violation of | ||||||
11 | this Section shall be ordered by the court to serve a
minimum
| ||||||
12 | of 100 hours of community service.
| ||||||
13 | (c-2) In addition to other penalties imposed under this | ||||||
14 | Section, the
court may impose on any person convicted a fourth | ||||||
15 | time of violating this
Section any of
the following:
| ||||||
16 | (1) Seizure of the license plates of the person's | ||||||
17 | vehicle.
| ||||||
18 | (2) Immobilization of the person's vehicle for a period | ||||||
19 | of time
to be determined by the court.
| ||||||
20 | (c-5) Any person convicted of a second violation of this
| ||||||
21 | Section is guilty of a Class 2 felony, is not eligible for | ||||||
22 | probation or conditional discharge, and shall serve a mandatory | ||||||
23 | term of
imprisonment, if the
revocation or
suspension was for a | ||||||
24 | violation of Section 9-3 of the Criminal Code of 1961, relating
| ||||||
25 | to the offense of reckless homicide, or a similar out-of-state | ||||||
26 | offense.
|
| |||||||
| |||||||
1 | (d) Any person convicted of a second violation of this
| ||||||
2 | Section shall be guilty of a Class 4 felony and shall serve a | ||||||
3 | minimum term of
imprisonment of 30 days or 300 hours of | ||||||
4 | community service, as determined by the
court, if the
| ||||||
5 | revocation or
suspension was for a violation of Section 11-401 | ||||||
6 | or 11-501 of this Code,
or a similar out-of-state offense, or a | ||||||
7 | similar provision of a local
ordinance, a violation of Section | ||||||
8 | 9-3 of the Criminal Code of 1961, relating
to the offense of | ||||||
9 | reckless homicide, or a similar out-of-state offense, or a
| ||||||
10 | statutory summary suspension under Section 11-501.1 of this | ||||||
11 | Code.
| ||||||
12 | (d-1) Except as provided in subsections
subsection (d-2) , | ||||||
13 | (d-2.5), and subsection (d-3), any
person convicted of
a third | ||||||
14 | or subsequent violation of this Section shall serve a minimum | ||||||
15 | term of
imprisonment of 30 days or 300 hours of community | ||||||
16 | service, as determined by the
court.
| ||||||
17 | (d-2) Any person convicted of a third violation of this
| ||||||
18 | Section is guilty of a Class 4 felony and must serve a minimum | ||||||
19 | term of
imprisonment of 30 days if the revocation or
suspension | ||||||
20 | was for a violation of Section 11-401 or 11-501 of this Code,
| ||||||
21 | or a similar out-of-state offense, or a similar provision of a | ||||||
22 | local
ordinance, a violation of Section 9-3 of the Criminal | ||||||
23 | Code of 1961, relating
to the offense of reckless homicide, or | ||||||
24 | a similar out-of-state offense, or a
statutory summary | ||||||
25 | suspension under Section 11-501.1 of this Code.
| ||||||
26 | (d-2.5) Any person convicted of a third violation of this
|
| |||||||
| |||||||
1 | Section is guilty of a Class 1 felony, is not eligible for | ||||||
2 | probation or conditional discharge, and must serve a mandatory | ||||||
3 | term of
imprisonment if the revocation or
suspension was for a | ||||||
4 | violation of Section 9-3 of the Criminal Code of 1961, relating | ||||||
5 | to the offense of reckless homicide, or a similar out-of-state | ||||||
6 | offense.
| ||||||
7 | (d-3) Any person convicted of a fourth, fifth, sixth, | ||||||
8 | seventh, eighth, or ninth violation of this
Section is guilty | ||||||
9 | of a Class 4 felony and must serve a minimum term of
| ||||||
10 | imprisonment of 180 days if the revocation or suspension was | ||||||
11 | for a
violation of Section 11-401 or 11-501 of this Code, or a | ||||||
12 | similar out-of-state
offense, or a similar provision of a local | ||||||
13 | ordinance, a violation of
Section 9-3 of the Criminal Code of | ||||||
14 | 1961, relating to the offense of
reckless homicide, or a | ||||||
15 | similar out-of-state offense, or a statutory
summary | ||||||
16 | suspension under Section 11-501.1 of this Code.
| ||||||
17 | (d-3.5) Any person convicted of a fourth or subsequent | ||||||
18 | violation of this
Section is guilty of a Class 1 felony, is not | ||||||
19 | eligible for probation or conditional discharge, and must serve | ||||||
20 | a mandatory term of
imprisonment, and is eligible for an | ||||||
21 | extended term, if the revocation or suspension was for a
| ||||||
22 | violation of Section 9-3 of the Criminal Code of 1961, relating | ||||||
23 | to the offense of reckless homicide, or a similar out-of-state | ||||||
24 | offense.
| ||||||
25 | (d-4) Any person convicted of a tenth, eleventh, twelfth, | ||||||
26 | thirteenth, or fourteenth violation of this Section is guilty |
| |||||||
| |||||||
1 | of a Class 3 felony, and is not eligible for probation or | ||||||
2 | conditional discharge, if the revocation or suspension was for | ||||||
3 | a violation of Section 11-401 or 11-501 of this Code, or a | ||||||
4 | similar out-of-state offense, or a similar provision of a local | ||||||
5 | ordinance, a violation of Section 9-3 of the Criminal Code of | ||||||
6 | 1961, relating to the offense of reckless homicide, or a | ||||||
7 | similar out-of-state offense, or a statutory summary | ||||||
8 | suspension under Section 11-501.1 of this Code. | ||||||
9 | (d-5) Any person convicted of a fifteenth or subsequent | ||||||
10 | violation of this Section is guilty of a Class 2 felony, and is | ||||||
11 | not eligible for probation or conditional discharge, if the | ||||||
12 | revocation or suspension was for a violation of Section 11-401 | ||||||
13 | or 11-501 of this Code, or a similar out-of-state offense, or a | ||||||
14 | similar provision of a local ordinance, a violation of Section | ||||||
15 | 9-3 of the Criminal Code of 1961, relating to the offense of | ||||||
16 | reckless homicide, or a similar out-of-state offense, or a | ||||||
17 | statutory summary suspension under Section 11-501.1 of this | ||||||
18 | Code.
| ||||||
19 | (e) Any person in violation of this Section who is also in | ||||||
20 | violation of
Section 7-601 of this Code relating to mandatory | ||||||
21 | insurance requirements, in
addition to other penalties imposed | ||||||
22 | under this Section, shall have his or her
motor vehicle | ||||||
23 | immediately impounded by the arresting law enforcement | ||||||
24 | officer.
The motor vehicle may be released to any licensed | ||||||
25 | driver upon a showing of
proof of insurance for the vehicle | ||||||
26 | that was impounded and the notarized written
consent for the |
| |||||||
| |||||||
1 | release by the vehicle owner.
| ||||||
2 | (f) For any prosecution under this Section, a certified | ||||||
3 | copy of the
driving abstract of the defendant shall be admitted | ||||||
4 | as proof of any prior
conviction.
| ||||||
5 | (g) The motor vehicle used in a violation of this Section | ||||||
6 | is subject
to seizure and forfeiture as provided in Sections | ||||||
7 | 36-1 and 36-2 of the
Criminal Code of 1961 if the person's | ||||||
8 | driving privilege was revoked
or suspended as a result of a | ||||||
9 | violation listed in paragraph (1), (2), or
(3) of subsection | ||||||
10 | (c) of this Section or as a result of a summary
suspension as | ||||||
11 | provided in paragraph (4) of subsection (c) of this
Section.
| ||||||
12 | (Source: P.A. 94-112, eff. 1-1-06.)
| ||||||
13 | Section 10. The Unified Code of Corrections is amended by | ||||||
14 | changing Sections 5-5-3, 5-6-1, and 5-6-3 as follows:
| ||||||
15 | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| ||||||
16 | Sec. 5-5-3. Disposition.
| ||||||
17 | (a) Except as provided in Section 11-501 of the Illinois | ||||||
18 | Vehicle Code, every person convicted of an offense shall be | ||||||
19 | sentenced as provided
in this Section.
| ||||||
20 | (b) The following options shall be appropriate | ||||||
21 | dispositions, alone
or in combination, for all felonies and | ||||||
22 | misdemeanors other than those
identified in subsection (c) of | ||||||
23 | this Section:
| ||||||
24 | (1) A period of probation.
|
| |||||||
| |||||||
1 | (2) A term of periodic imprisonment.
| ||||||
2 | (3) A term of conditional discharge.
| ||||||
3 | (4) A term of imprisonment.
| ||||||
4 | (5) An order directing the offender to clean up and | ||||||
5 | repair the
damage, if the offender was convicted under | ||||||
6 | paragraph (h) of Section
21-1 of the Criminal Code of 1961 | ||||||
7 | (now repealed).
| ||||||
8 | (6) A fine.
| ||||||
9 | (7) An order directing the offender to make restitution | ||||||
10 | to the
victim under Section 5-5-6 of this Code.
| ||||||
11 | (8) A sentence of participation in a county impact | ||||||
12 | incarceration
program under Section 5-8-1.2 of this Code. | ||||||
13 | (9) A term of imprisonment in combination with a term | ||||||
14 | of probation when the offender has been admitted into a | ||||||
15 | drug court program under Section 20 of the Drug Court | ||||||
16 | Treatment Act.
| ||||||
17 | Neither a fine nor restitution shall be the sole | ||||||
18 | disposition
for a felony and either or both may be imposed only | ||||||
19 | in conjunction with
another disposition.
| ||||||
20 | (c) (1) When a defendant is found guilty of first degree | ||||||
21 | murder the
State may either seek a sentence of imprisonment | ||||||
22 | under Section 5-8-1 of
this Code, or where appropriate seek | ||||||
23 | a sentence of death under Section 9-1
of the Criminal Code | ||||||
24 | of 1961.
| ||||||
25 | (2) A period of probation, a term of periodic | ||||||
26 | imprisonment or
conditional discharge shall not be imposed |
| |||||||
| |||||||
1 | for the following offenses.
The court shall sentence the | ||||||
2 | offender to not less than the minimum term
of imprisonment | ||||||
3 | set forth in this Code for the following offenses, and
may | ||||||
4 | order a fine or restitution or both in conjunction with | ||||||
5 | such term of
imprisonment:
| ||||||
6 | (A) First degree murder where the death penalty is | ||||||
7 | not imposed.
| ||||||
8 | (B) Attempted first degree murder.
| ||||||
9 | (C) A Class X felony.
| ||||||
10 | (D) A violation of Section 401.1 or 407 of the
| ||||||
11 | Illinois Controlled Substances Act, or a violation of | ||||||
12 | subdivision (c)(1) or
(c)(2) of
Section 401 of that Act | ||||||
13 | which relates to more than 5 grams of a substance
| ||||||
14 | containing heroin or cocaine or an analog thereof.
| ||||||
15 | (E) A violation of Section 5.1 or 9 of the Cannabis | ||||||
16 | Control
Act.
| ||||||
17 | (F) A Class 2 or greater felony if the offender had | ||||||
18 | been convicted
of a Class 2 or greater felony within 10 | ||||||
19 | years of the date on which the
offender
committed the | ||||||
20 | offense for which he or she is being sentenced, except | ||||||
21 | as
otherwise provided in Section 40-10 of the | ||||||
22 | Alcoholism and Other Drug Abuse and
Dependency Act.
| ||||||
23 | (F-5) A violation of Section 24-1, 24-1.1, or | ||||||
24 | 24-1.6 of the Criminal Code of 1961 for which | ||||||
25 | imprisonment is prescribed in those Sections.
| ||||||
26 | (G) Residential burglary, except as otherwise |
| |||||||
| |||||||
1 | provided in Section 40-10
of the Alcoholism and Other | ||||||
2 | Drug Abuse and Dependency Act.
| ||||||
3 | (H) Criminal sexual assault.
| ||||||
4 | (I) Aggravated battery of a senior citizen.
| ||||||
5 | (J) A forcible felony if the offense was related to | ||||||
6 | the activities of an
organized gang.
| ||||||
7 | Before July 1, 1994, for the purposes of this | ||||||
8 | paragraph, "organized
gang" means an association of 5 | ||||||
9 | or more persons, with an established hierarchy,
that | ||||||
10 | encourages members of the association to perpetrate | ||||||
11 | crimes or provides
support to the members of the | ||||||
12 | association who do commit crimes.
| ||||||
13 | Beginning July 1, 1994, for the purposes of this | ||||||
14 | paragraph,
"organized gang" has the meaning ascribed | ||||||
15 | to it in Section 10 of the Illinois
Streetgang | ||||||
16 | Terrorism Omnibus Prevention Act.
| ||||||
17 | (K) Vehicular hijacking.
| ||||||
18 | (L) A second or subsequent conviction for the | ||||||
19 | offense of hate crime
when the underlying offense upon | ||||||
20 | which the hate crime is based is felony
aggravated
| ||||||
21 | assault or felony mob action.
| ||||||
22 | (M) A second or subsequent conviction for the | ||||||
23 | offense of institutional
vandalism if the damage to the | ||||||
24 | property exceeds $300.
| ||||||
25 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
26 | subsection (a) of
Section 2 of the Firearm Owners |
| |||||||
| |||||||
1 | Identification Card Act.
| ||||||
2 | (O) A violation of Section 12-6.1 of the Criminal | ||||||
3 | Code of 1961.
| ||||||
4 | (P) A violation of paragraph (1), (2), (3), (4), | ||||||
5 | (5), or (7) of
subsection (a)
of Section 11-20.1 of the | ||||||
6 | Criminal Code of 1961.
| ||||||
7 | (Q) A violation of Section 20-1.2 or 20-1.3 of the | ||||||
8 | Criminal Code of
1961.
| ||||||
9 | (R) A violation of Section 24-3A of the Criminal | ||||||
10 | Code of
1961.
| ||||||
11 | (S) (Blank).
| ||||||
12 | (T) A second or subsequent violation of the | ||||||
13 | Methamphetamine Control and Community Protection Act.
| ||||||
14 | (U) A second or subsequent violation of Section | ||||||
15 | 6-303 of the Illinois Vehicle Code committed while his | ||||||
16 | or her driver's license, permit, or privilege was | ||||||
17 | revoked because of a violation of Section 9-3 of the | ||||||
18 | Criminal Code of 1961, relating to the offense of | ||||||
19 | reckless homicide, or a similar provision of a law of | ||||||
20 | another state.
| ||||||
21 | (3) (Blank).
| ||||||
22 | (4) A minimum term of imprisonment of not less than 10
| ||||||
23 | consecutive days or 30 days of community service shall be | ||||||
24 | imposed for a
violation of paragraph (c) of Section 6-303 | ||||||
25 | of the Illinois Vehicle Code.
| ||||||
26 | (4.1) (Blank).
|
| |||||||
| |||||||
1 | (4.2) Except as provided in paragraphs
paragraph (4.3) | ||||||
2 | and (4.8) of this subsection (c), a
minimum of
100 hours of | ||||||
3 | community service shall be imposed for a second violation | ||||||
4 | of
Section 6-303
of the Illinois Vehicle Code.
| ||||||
5 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
6 | hours of community
service, as determined by the court, | ||||||
7 | shall
be imposed for a second violation of subsection (c) | ||||||
8 | of Section 6-303 of the
Illinois Vehicle Code.
| ||||||
9 | (4.4) Except as provided in paragraphs
paragraph
| ||||||
10 | (4.5) ,
and paragraph (4.6) , and (4.9) of this
subsection | ||||||
11 | (c), a
minimum term of imprisonment of 30 days or 300 hours | ||||||
12 | of community service, as
determined by the court, shall
be | ||||||
13 | imposed
for a third or subsequent violation of Section | ||||||
14 | 6-303 of the Illinois Vehicle
Code.
| ||||||
15 | (4.5) A minimum term of imprisonment of 30 days
shall | ||||||
16 | be imposed for a third violation of subsection (c) of
| ||||||
17 | Section 6-303 of the Illinois Vehicle Code.
| ||||||
18 | (4.6) Except as provided in paragraph (4.10) of this | ||||||
19 | subsection (c), a
A minimum term of imprisonment of 180 | ||||||
20 | days shall be imposed for a
fourth or subsequent violation | ||||||
21 | of subsection (c) of Section 6-303 of the
Illinois Vehicle | ||||||
22 | Code.
| ||||||
23 | (4.7) A minimum term of imprisonment of not less than | ||||||
24 | 30 consecutive days, or 300 hours of community service, | ||||||
25 | shall be imposed for a violation of subsection (a-5) of | ||||||
26 | Section 6-303 of the Illinois Vehicle Code, as provided in |
| |||||||
| |||||||
1 | subsection (b-5) of that Section.
| ||||||
2 | (4.8) A mandatory prison sentence shall be imposed for | ||||||
3 | a second violation of subsection (a-5) of Section 6-303 of | ||||||
4 | the Illinois Vehicle Code, as provided in subsection (c-5) | ||||||
5 | of that Section. The person's driving privileges shall be | ||||||
6 | revoked for a period of not less than 5 years from the date | ||||||
7 | of his or her release from prison.
| ||||||
8 | (4.9) A mandatory prison sentence of not less than 4 | ||||||
9 | and not more than 15 years shall be imposed for a third | ||||||
10 | violation of subsection (a-5) of Section 6-303 of the | ||||||
11 | Illinois Vehicle Code, as provided in subsection (d-2.5) of | ||||||
12 | that Section. The person's driving privileges shall be | ||||||
13 | revoked for the remainder of his or her life.
| ||||||
14 | (4.10) A mandatory prison sentence for a Class 1 felony | ||||||
15 | shall be imposed, and the person shall be eligible for an | ||||||
16 | extended term sentence, for a fourth or subsequent | ||||||
17 | violation of subsection (a-5) of Section 6-303 of the | ||||||
18 | Illinois Vehicle Code, as provided in subsection (d-3.5) of | ||||||
19 | that Section. The person's driving privileges shall be | ||||||
20 | revoked for the remainder of his or her life.
| ||||||
21 | (5) The court may sentence an offender convicted of a | ||||||
22 | business
offense or a petty offense or a corporation or | ||||||
23 | unincorporated
association convicted of any offense to:
| ||||||
24 | (A) a period of conditional discharge;
| ||||||
25 | (B) a fine;
| ||||||
26 | (C) make restitution to the victim under Section |
| |||||||
| |||||||
1 | 5-5-6 of this Code.
| ||||||
2 | (5.1) In addition to any penalties imposed under | ||||||
3 | paragraph (5) of this
subsection (c), and except as | ||||||
4 | provided in paragraph (5.2) or (5.3), a person
convicted of | ||||||
5 | violating subsection (c) of Section 11-907 of the Illinois
| ||||||
6 | Vehicle Code shall have his or her driver's license, | ||||||
7 | permit, or privileges
suspended for at least 90 days but | ||||||
8 | not more than one year, if the violation
resulted in damage | ||||||
9 | to the property of another person.
| ||||||
10 | (5.2) In addition to any penalties imposed under | ||||||
11 | paragraph (5) of this
subsection (c), and except as | ||||||
12 | provided in paragraph (5.3), a person convicted
of | ||||||
13 | violating subsection (c) of Section 11-907 of the Illinois | ||||||
14 | Vehicle Code
shall have his or her driver's license, | ||||||
15 | permit, or privileges suspended for at
least 180 days but | ||||||
16 | not more than 2 years, if the violation resulted in injury
| ||||||
17 | to
another person.
| ||||||
18 | (5.3) In addition to any penalties imposed under | ||||||
19 | paragraph (5) of
this
subsection (c), a person convicted of | ||||||
20 | violating subsection (c) of Section
11-907 of the Illinois | ||||||
21 | Vehicle Code shall have his or her driver's license,
| ||||||
22 | permit, or privileges suspended for 2 years, if the | ||||||
23 | violation resulted in the
death of another person.
| ||||||
24 | (5.4) In addition to any penalties imposed under | ||||||
25 | paragraph (5) of this subsection (c), a person convicted of | ||||||
26 | violating Section 3-707 of the Illinois Vehicle Code shall |
| |||||||
| |||||||
1 | have his or her driver's license, permit, or privileges | ||||||
2 | suspended for 3 months and until he or she has paid a | ||||||
3 | reinstatement fee of $100. | ||||||
4 | (5.5) In addition to any penalties imposed under | ||||||
5 | paragraph (5) of this subsection (c), a person convicted of | ||||||
6 | violating Section 3-707 of the Illinois Vehicle Code during | ||||||
7 | a period in which his or her driver's license, permit, or | ||||||
8 | privileges were suspended for a previous violation of that | ||||||
9 | Section shall have his or her driver's license, permit, or | ||||||
10 | privileges suspended for an additional 6 months after the | ||||||
11 | expiration of the original 3-month suspension and until he | ||||||
12 | or she has paid a reinstatement fee of $100.
| ||||||
13 | (6) In no case shall an offender be eligible for a | ||||||
14 | disposition of
probation or conditional discharge for a | ||||||
15 | Class 1 felony committed while
he was serving a term of | ||||||
16 | probation or conditional discharge for a felony.
| ||||||
17 | (7) When a defendant is adjudged a habitual criminal | ||||||
18 | under Article
33B of the Criminal Code of 1961, the court | ||||||
19 | shall sentence
the defendant to a term of natural life | ||||||
20 | imprisonment.
| ||||||
21 | (8) When a defendant, over the age of 21 years, is | ||||||
22 | convicted of a
Class 1 or Class 2 felony, after having | ||||||
23 | twice been convicted
in any state or
federal court of an | ||||||
24 | offense that contains the same elements as an offense now
| ||||||
25 | classified in Illinois as a Class 2 or greater Class felony
| ||||||
26 | and such charges are
separately brought and tried and arise |
| |||||||
| |||||||
1 | out of different series of acts,
such defendant shall be | ||||||
2 | sentenced as a Class X offender. This paragraph
shall not | ||||||
3 | apply unless (1) the first felony was committed after the
| ||||||
4 | effective date of this amendatory Act of 1977; and (2) the | ||||||
5 | second felony
was committed after conviction on the first; | ||||||
6 | and (3) the third felony
was committed after conviction on | ||||||
7 | the second.
A person sentenced as a Class X offender under | ||||||
8 | this paragraph is not
eligible to apply for treatment as a | ||||||
9 | condition of probation as provided by
Section 40-10 of the | ||||||
10 | Alcoholism and Other Drug Abuse and Dependency Act.
| ||||||
11 | (9) A defendant convicted of a second or subsequent | ||||||
12 | offense of ritualized
abuse of a child may be sentenced to | ||||||
13 | a term of natural life imprisonment.
| ||||||
14 | (10) (Blank).
| ||||||
15 | (11) The court shall impose a minimum fine of $1,000 | ||||||
16 | for a first offense
and $2,000 for a second or subsequent | ||||||
17 | offense upon a person convicted of or
placed on supervision | ||||||
18 | for battery when the individual harmed was a sports
| ||||||
19 | official or coach at any level of competition and the act | ||||||
20 | causing harm to the
sports
official or coach occurred | ||||||
21 | within an athletic facility or within the immediate | ||||||
22 | vicinity
of the athletic facility at which the sports | ||||||
23 | official or coach was an active
participant
of the athletic | ||||||
24 | contest held at the athletic facility. For the purposes of
| ||||||
25 | this paragraph (11), "sports official" means a person at an | ||||||
26 | athletic contest
who enforces the rules of the contest, |
| |||||||
| |||||||
1 | such as an umpire or referee; "athletic facility" means an | ||||||
2 | indoor or outdoor playing field or recreational area where | ||||||
3 | sports activities are conducted;
and "coach" means a person | ||||||
4 | recognized as a coach by the sanctioning
authority that | ||||||
5 | conducted the sporting event. | ||||||
6 | (12) A person may not receive a disposition of court | ||||||
7 | supervision for a
violation of Section 5-16 of the Boat | ||||||
8 | Registration and Safety Act if that
person has previously | ||||||
9 | received a disposition of court supervision for a
violation | ||||||
10 | of that Section.
| ||||||
11 | (d) In any case in which a sentence originally imposed is | ||||||
12 | vacated,
the case shall be remanded to the trial court. The | ||||||
13 | trial court shall
hold a hearing under Section 5-4-1 of the | ||||||
14 | Unified Code of Corrections
which may include evidence of the | ||||||
15 | defendant's life, moral character and
occupation during the | ||||||
16 | time since the original sentence was passed. The
trial court | ||||||
17 | shall then impose sentence upon the defendant. The trial
court | ||||||
18 | may impose any sentence which could have been imposed at the
| ||||||
19 | original trial subject to Section 5-5-4 of the Unified Code of | ||||||
20 | Corrections.
If a sentence is vacated on appeal or on | ||||||
21 | collateral attack due to the
failure of the trier of fact at | ||||||
22 | trial to determine beyond a reasonable doubt
the
existence of a | ||||||
23 | fact (other than a prior conviction) necessary to increase the
| ||||||
24 | punishment for the offense beyond the statutory maximum | ||||||
25 | otherwise applicable,
either the defendant may be re-sentenced | ||||||
26 | to a term within the range otherwise
provided or, if the State |
| |||||||
| |||||||
1 | files notice of its intention to again seek the
extended | ||||||
2 | sentence, the defendant shall be afforded a new trial.
| ||||||
3 | (e) In cases where prosecution for
aggravated criminal | ||||||
4 | sexual abuse under Section 12-16 of the
Criminal Code of 1961 | ||||||
5 | results in conviction of a defendant
who was a family member of | ||||||
6 | the victim at the time of the commission of the
offense, the | ||||||
7 | court shall consider the safety and welfare of the victim and
| ||||||
8 | may impose a sentence of probation only where:
| ||||||
9 | (1) the court finds (A) or (B) or both are appropriate:
| ||||||
10 | (A) the defendant is willing to undergo a court | ||||||
11 | approved counseling
program for a minimum duration of 2 | ||||||
12 | years; or
| ||||||
13 | (B) the defendant is willing to participate in a | ||||||
14 | court approved plan
including but not limited to the | ||||||
15 | defendant's:
| ||||||
16 | (i) removal from the household;
| ||||||
17 | (ii) restricted contact with the victim;
| ||||||
18 | (iii) continued financial support of the | ||||||
19 | family;
| ||||||
20 | (iv) restitution for harm done to the victim; | ||||||
21 | and
| ||||||
22 | (v) compliance with any other measures that | ||||||
23 | the court may
deem appropriate; and
| ||||||
24 | (2) the court orders the defendant to pay for the | ||||||
25 | victim's counseling
services, to the extent that the court | ||||||
26 | finds, after considering the
defendant's income and |
| |||||||
| |||||||
1 | assets, that the defendant is financially capable of
paying | ||||||
2 | for such services, if the victim was under 18 years of age | ||||||
3 | at the
time the offense was committed and requires | ||||||
4 | counseling as a result of the
offense.
| ||||||
5 | Probation may be revoked or modified pursuant to Section | ||||||
6 | 5-6-4; except
where the court determines at the hearing that | ||||||
7 | the defendant violated a
condition of his or her probation | ||||||
8 | restricting contact with the victim or
other family members or | ||||||
9 | commits another offense with the victim or other
family | ||||||
10 | members, the court shall revoke the defendant's probation and
| ||||||
11 | impose a term of imprisonment.
| ||||||
12 | For the purposes of this Section, "family member" and | ||||||
13 | "victim" shall have
the meanings ascribed to them in Section | ||||||
14 | 12-12 of the Criminal Code of
1961.
| ||||||
15 | (f) This Article shall not deprive a court in other | ||||||
16 | proceedings to
order a forfeiture of property, to suspend or | ||||||
17 | cancel a license, to
remove a person from office, or to impose | ||||||
18 | any other civil penalty.
| ||||||
19 | (g) Whenever a defendant is convicted of an offense under | ||||||
20 | Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | ||||||
21 | 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 | ||||||
22 | of the Criminal Code of 1961,
the defendant shall undergo | ||||||
23 | medical testing to
determine whether the defendant has any | ||||||
24 | sexually transmissible disease,
including a test for infection | ||||||
25 | with human immunodeficiency virus (HIV) or
any other identified | ||||||
26 | causative agent of acquired immunodeficiency syndrome
(AIDS). |
| |||||||
| |||||||
1 | Any such medical test shall be performed only by appropriately
| ||||||
2 | licensed medical practitioners and may include an analysis of | ||||||
3 | any bodily
fluids as well as an examination of the defendant's | ||||||
4 | person.
Except as otherwise provided by law, the results of | ||||||
5 | such test shall be kept
strictly confidential by all medical | ||||||
6 | personnel involved in the testing and must
be personally | ||||||
7 | delivered in a sealed envelope to the judge of the court in | ||||||
8 | which
the conviction was entered for the judge's inspection in | ||||||
9 | camera. Acting in
accordance with the best interests of the | ||||||
10 | victim and the public, the judge
shall have the discretion to | ||||||
11 | determine to whom, if anyone, the results of the
testing may be | ||||||
12 | revealed. The court shall notify the defendant
of the test | ||||||
13 | results. The court shall
also notify the victim if requested by | ||||||
14 | the victim, and if the victim is under
the age of 15 and if | ||||||
15 | requested by the victim's parents or legal guardian, the
court | ||||||
16 | shall notify the victim's parents or legal guardian of the test
| ||||||
17 | results.
The court shall provide information on the | ||||||
18 | availability of HIV testing
and counseling at Department of | ||||||
19 | Public Health facilities to all parties to
whom the results of | ||||||
20 | the testing are revealed and shall direct the State's
Attorney | ||||||
21 | to provide the information to the victim when possible.
A | ||||||
22 | State's Attorney may petition the court to obtain the results | ||||||
23 | of any HIV test
administered under this Section, and the court | ||||||
24 | shall grant the disclosure if
the State's Attorney shows it is | ||||||
25 | relevant in order to prosecute a charge of
criminal | ||||||
26 | transmission of HIV under Section 12-16.2 of the Criminal Code |
| |||||||
| |||||||
1 | of 1961
against the defendant. The court shall order that the | ||||||
2 | cost of any such test
shall be paid by the county and may be | ||||||
3 | taxed as costs against the convicted
defendant.
| ||||||
4 | (g-5) When an inmate is tested for an airborne communicable | ||||||
5 | disease, as
determined by the Illinois Department of Public | ||||||
6 | Health including but not
limited to tuberculosis, the results | ||||||
7 | of the test shall be
personally delivered by the warden or his | ||||||
8 | or her designee in a sealed envelope
to the judge of the court | ||||||
9 | in which the inmate must appear for the judge's
inspection in | ||||||
10 | camera if requested by the judge. Acting in accordance with the
| ||||||
11 | best interests of those in the courtroom, the judge shall have | ||||||
12 | the discretion
to determine what if any precautions need to be | ||||||
13 | taken to prevent transmission
of the disease in the courtroom.
| ||||||
14 | (h) Whenever a defendant is convicted of an offense under | ||||||
15 | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||||||
16 | defendant shall undergo
medical testing to determine whether | ||||||
17 | the defendant has been exposed to human
immunodeficiency virus | ||||||
18 | (HIV) or any other identified causative agent of
acquired | ||||||
19 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
20 | by
law, the results of such test shall be kept strictly | ||||||
21 | confidential by all
medical personnel involved in the testing | ||||||
22 | and must be personally delivered in a
sealed envelope to the | ||||||
23 | judge of the court in which the conviction was entered
for the | ||||||
24 | judge's inspection in camera. Acting in accordance with the | ||||||
25 | best
interests of the public, the judge shall have the | ||||||
26 | discretion to determine to
whom, if anyone, the results of the |
| |||||||
| |||||||
1 | testing may be revealed. The court shall
notify the defendant | ||||||
2 | of a positive test showing an infection with the human
| ||||||
3 | immunodeficiency virus (HIV). The court shall provide | ||||||
4 | information on the
availability of HIV testing and counseling | ||||||
5 | at Department of Public Health
facilities to all parties to | ||||||
6 | whom the results of the testing are revealed and
shall direct | ||||||
7 | the State's Attorney to provide the information to the victim | ||||||
8 | when
possible. A State's Attorney may petition the court to | ||||||
9 | obtain the results of
any HIV test administered under this | ||||||
10 | Section, and the court shall grant the
disclosure if the | ||||||
11 | State's Attorney shows it is relevant in order to prosecute a
| ||||||
12 | charge of criminal transmission of HIV under Section 12-16.2 of | ||||||
13 | the Criminal
Code of 1961 against the defendant. The court | ||||||
14 | shall order that the cost of any
such test shall be paid by the | ||||||
15 | county and may be taxed as costs against the
convicted | ||||||
16 | defendant.
| ||||||
17 | (i) All fines and penalties imposed under this Section for | ||||||
18 | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
19 | Vehicle Code, or a similar
provision of a local ordinance, and | ||||||
20 | any violation
of the Child Passenger Protection Act, or a | ||||||
21 | similar provision of a local
ordinance, shall be collected and | ||||||
22 | disbursed by the circuit
clerk as provided under Section 27.5 | ||||||
23 | of the Clerks of Courts Act.
| ||||||
24 | (j) In cases when prosecution for any violation of Section | ||||||
25 | 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, | ||||||
26 | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, |
| |||||||
| |||||||
1 | 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal | ||||||
2 | Code of 1961, any violation of the Illinois Controlled | ||||||
3 | Substances Act,
any violation of the Cannabis Control Act, or | ||||||
4 | any violation of the Methamphetamine Control and Community | ||||||
5 | Protection Act results in conviction, a
disposition of court | ||||||
6 | supervision, or an order of probation granted under
Section 10 | ||||||
7 | of the Cannabis Control Act, Section 410 of the Illinois
| ||||||
8 | Controlled Substance Act, or Section 70 of the Methamphetamine | ||||||
9 | Control and Community Protection Act of a defendant, the court | ||||||
10 | shall determine whether the
defendant is employed by a facility | ||||||
11 | or center as defined under the Child Care
Act of 1969, a public | ||||||
12 | or private elementary or secondary school, or otherwise
works | ||||||
13 | with children under 18 years of age on a daily basis. When a | ||||||
14 | defendant
is so employed, the court shall order the Clerk of | ||||||
15 | the Court to send a copy of
the judgment of conviction or order | ||||||
16 | of supervision or probation to the
defendant's employer by | ||||||
17 | certified mail.
If the employer of the defendant is a school, | ||||||
18 | the Clerk of the Court shall
direct the mailing of a copy of | ||||||
19 | the judgment of conviction or order of
supervision or probation | ||||||
20 | to the appropriate regional superintendent of schools.
The | ||||||
21 | regional superintendent of schools shall notify the State Board | ||||||
22 | of
Education of any notification under this subsection.
| ||||||
23 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
24 | of a felony and
who has not been previously convicted of a | ||||||
25 | misdemeanor or felony and who is
sentenced to a term of | ||||||
26 | imprisonment in the Illinois Department of Corrections
shall as |
| |||||||
| |||||||
1 | a condition of his or her sentence be required by the court to | ||||||
2 | attend
educational courses designed to prepare the defendant | ||||||
3 | for a high school diploma
and to work toward a high school | ||||||
4 | diploma or to work toward passing the high
school level Test of | ||||||
5 | General Educational Development (GED) or to work toward
| ||||||
6 | completing a vocational training program offered by the | ||||||
7 | Department of
Corrections. If a defendant fails to complete the | ||||||
8 | educational training
required by his or her sentence during the | ||||||
9 | term of incarceration, the Prisoner
Review Board shall, as a | ||||||
10 | condition of mandatory supervised release, require the
| ||||||
11 | defendant, at his or her own expense, to pursue a course of | ||||||
12 | study toward a high
school diploma or passage of the GED test. | ||||||
13 | The Prisoner Review Board shall
revoke the mandatory supervised | ||||||
14 | release of a defendant who wilfully fails to
comply with this | ||||||
15 | subsection (j-5) upon his or her release from confinement in a
| ||||||
16 | penal institution while serving a mandatory supervised release | ||||||
17 | term; however,
the inability of the defendant after making a | ||||||
18 | good faith effort to obtain
financial aid or pay for the | ||||||
19 | educational training shall not be deemed a wilful
failure to | ||||||
20 | comply. The Prisoner Review Board shall recommit the defendant
| ||||||
21 | whose mandatory supervised release term has been revoked under | ||||||
22 | this subsection
(j-5) as provided in Section 3-3-9. This | ||||||
23 | subsection (j-5) does not apply to a
defendant who has a high | ||||||
24 | school diploma or has successfully passed the GED
test. This | ||||||
25 | subsection (j-5) does not apply to a defendant who is | ||||||
26 | determined by
the court to be developmentally disabled or |
| |||||||
| |||||||
1 | otherwise mentally incapable of
completing the educational or | ||||||
2 | vocational program.
| ||||||
3 | (k) A court may not impose a sentence or disposition for a
| ||||||
4 | felony or misdemeanor that requires the defendant to be | ||||||
5 | implanted or injected
with or to use any form of birth control.
| ||||||
6 | (l) (A) Except as provided
in paragraph (C) of subsection | ||||||
7 | (l), whenever a defendant,
who is an alien as defined by | ||||||
8 | the Immigration and Nationality Act, is convicted
of any | ||||||
9 | felony or misdemeanor offense, the court after sentencing | ||||||
10 | the defendant
may, upon motion of the State's Attorney, | ||||||
11 | hold sentence in abeyance and remand
the defendant to the | ||||||
12 | custody of the Attorney General of
the United States or his | ||||||
13 | or her designated agent to be deported when:
| ||||||
14 | (1) a final order of deportation has been issued | ||||||
15 | against the defendant
pursuant to proceedings under | ||||||
16 | the Immigration and Nationality Act, and
| ||||||
17 | (2) the deportation of the defendant would not | ||||||
18 | deprecate the seriousness
of the defendant's conduct | ||||||
19 | and would not be inconsistent with the ends of
justice.
| ||||||
20 | Otherwise, the defendant shall be sentenced as | ||||||
21 | provided in this Chapter V.
| ||||||
22 | (B) If the defendant has already been sentenced for a | ||||||
23 | felony or
misdemeanor
offense, or has been placed on | ||||||
24 | probation under Section 10 of the Cannabis
Control Act,
| ||||||
25 | Section 410 of the Illinois Controlled Substances Act, or | ||||||
26 | Section 70 of the Methamphetamine Control and Community |
| |||||||
| |||||||
1 | Protection Act, the court
may, upon motion of the State's | ||||||
2 | Attorney to suspend the
sentence imposed, commit the | ||||||
3 | defendant to the custody of the Attorney General
of the | ||||||
4 | United States or his or her designated agent when:
| ||||||
5 | (1) a final order of deportation has been issued | ||||||
6 | against the defendant
pursuant to proceedings under | ||||||
7 | the Immigration and Nationality Act, and
| ||||||
8 | (2) the deportation of the defendant would not | ||||||
9 | deprecate the seriousness
of the defendant's conduct | ||||||
10 | and would not be inconsistent with the ends of
justice.
| ||||||
11 | (C) This subsection (l) does not apply to offenders who | ||||||
12 | are subject to the
provisions of paragraph (2) of | ||||||
13 | subsection (a) of Section 3-6-3.
| ||||||
14 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
15 | sentenced under
this Section returns to the jurisdiction of | ||||||
16 | the United States, the defendant
shall be recommitted to | ||||||
17 | the custody of the county from which he or she was
| ||||||
18 | sentenced.
Thereafter, the defendant shall be brought | ||||||
19 | before the sentencing court, which
may impose any sentence | ||||||
20 | that was available under Section 5-5-3 at the time of
| ||||||
21 | initial sentencing. In addition, the defendant shall not be | ||||||
22 | eligible for
additional good conduct credit for | ||||||
23 | meritorious service as provided under
Section 3-6-6.
| ||||||
24 | (m) A person convicted of criminal defacement of property | ||||||
25 | under Section
21-1.3 of the Criminal Code of 1961, in which the | ||||||
26 | property damage exceeds $300
and the property damaged is a |
| |||||||
| |||||||
1 | school building, shall be ordered to perform
community service | ||||||
2 | that may include cleanup, removal, or painting over the
| ||||||
3 | defacement.
| ||||||
4 | (n) The court may sentence a person convicted of a | ||||||
5 | violation of Section
12-19, 12-21, or 16-1.3 of the Criminal | ||||||
6 | Code of 1961 (i) to an impact
incarceration program if the | ||||||
7 | person is otherwise eligible for that program
under Section | ||||||
8 | 5-8-1.1, (ii) to community service, or (iii) if the person is | ||||||
9 | an
addict or alcoholic, as defined in the Alcoholism and Other | ||||||
10 | Drug Abuse and
Dependency Act, to a substance or alcohol abuse | ||||||
11 | program licensed under that
Act. | ||||||
12 | (o) Whenever a person is convicted of a sex offense as | ||||||
13 | defined in Section 2 of the Sex Offender Registration Act, the | ||||||
14 | defendant's driver's license or permit shall be subject to | ||||||
15 | renewal on an annual basis in accordance with the provisions of | ||||||
16 | license renewal established by the Secretary of State.
| ||||||
17 | (Source: P.A. 93-44, eff. 7-1-03; 93-156, eff. 1-1-04; 93-169, | ||||||
18 | eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04; 93-546, | ||||||
19 | eff. 1-1-04; 93-694, eff. 7-9-04; 93-782, eff. 1-1-05; 93-800, | ||||||
20 | eff. 1-1-05; 93-1014, eff. 1-1-05; 94-72, eff. 1-1-06; 94-556, | ||||||
21 | eff. 9-11-05; 94-993, eff. 1-1-07; 94-1035, eff. 7-1-07; | ||||||
22 | revised 8-28-06.)
| ||||||
23 | (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
| ||||||
24 | Sec. 5-6-1. Sentences of Probation and of Conditional
| ||||||
25 | Discharge and Disposition of Supervision.
The General Assembly |
| |||||||
| |||||||
1 | finds that in order to protect the public, the
criminal justice | ||||||
2 | system must compel compliance with the conditions of probation
| ||||||
3 | by responding to violations with swift, certain and fair | ||||||
4 | punishments and
intermediate sanctions. The Chief Judge of each | ||||||
5 | circuit shall adopt a system of
structured, intermediate | ||||||
6 | sanctions for violations of the terms and conditions
of a | ||||||
7 | sentence of probation, conditional discharge or disposition of
| ||||||
8 | supervision.
| ||||||
9 | (a) Except where specifically prohibited by other
| ||||||
10 | provisions of this Code, the court shall impose a sentence
of | ||||||
11 | probation or conditional discharge upon an offender
unless, | ||||||
12 | having regard to the nature and circumstance of
the offense, | ||||||
13 | and to the history, character and condition
of the offender, | ||||||
14 | the court is of the opinion that:
| ||||||
15 | (1) his imprisonment or periodic imprisonment is | ||||||
16 | necessary
for the protection of the public; or
| ||||||
17 | (2) probation or conditional discharge would deprecate
| ||||||
18 | the seriousness of the offender's conduct and would be
| ||||||
19 | inconsistent with the ends of justice; or
| ||||||
20 | (3) a combination of imprisonment with concurrent or | ||||||
21 | consecutive probation when an offender has been admitted | ||||||
22 | into a drug court program under Section 20 of the Drug | ||||||
23 | Court Treatment Act is necessary for the protection of the | ||||||
24 | public and for the rehabilitation of the offender.
| ||||||
25 | The court shall impose as a condition of a sentence of | ||||||
26 | probation,
conditional discharge, or supervision, that the |
| |||||||
| |||||||
1 | probation agency may invoke any
sanction from the list of | ||||||
2 | intermediate sanctions adopted by the chief judge of
the | ||||||
3 | circuit court for violations of the terms and conditions of the | ||||||
4 | sentence of
probation, conditional discharge, or supervision, | ||||||
5 | subject to the provisions of
Section 5-6-4 of this Act.
| ||||||
6 | (b) The court may impose a sentence of conditional
| ||||||
7 | discharge for an offense if the court is of the opinion
that | ||||||
8 | neither a sentence of imprisonment nor of periodic
imprisonment | ||||||
9 | nor of probation supervision is appropriate.
| ||||||
10 | (b-1) Subsections (a) and (b) of this Section do not apply | ||||||
11 | to a defendant charged with a misdemeanor or felony under the | ||||||
12 | Illinois Vehicle Code or reckless homicide under Section 9-3 of | ||||||
13 | the Criminal Code of 1961 if the defendant within the past 12 | ||||||
14 | months has been convicted of or pleaded guilty to a misdemeanor | ||||||
15 | or felony under the Illinois Vehicle Code or reckless homicide | ||||||
16 | under Section 9-3 of the Criminal Code of 1961. | ||||||
17 | (c) The court may, upon a plea of guilty or a stipulation
| ||||||
18 | by the defendant of the facts supporting the charge or a
| ||||||
19 | finding of guilt, defer further proceedings and the
imposition | ||||||
20 | of a sentence, and enter an order for supervision of the | ||||||
21 | defendant,
if the defendant is not charged with: (i) a Class A | ||||||
22 | misdemeanor, as
defined by the following provisions of the | ||||||
23 | Criminal Code of 1961: Sections
11-9.1; 12-3.2; 12-15; 26-5; | ||||||
24 | 31-1; 31-6; 31-7; subsections (b) and (c) of Section
21-1;
| ||||||
25 | paragraph (1) through (5), (8), (10), and (11) of subsection | ||||||
26 | (a) of Section
24-1; (ii) a Class A misdemeanor violation of |
| |||||||
| |||||||
1 | Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals | ||||||
2 | Act; or (iii)
felony.
If the defendant
is not barred from | ||||||
3 | receiving an order for supervision as provided in this
| ||||||
4 | subsection, the court may enter an order for supervision after | ||||||
5 | considering the
circumstances of the offense, and the history,
| ||||||
6 | character and condition of the offender, if the court is of the | ||||||
7 | opinion
that:
| ||||||
8 | (1) the offender is not likely to commit further | ||||||
9 | crimes;
| ||||||
10 | (2) the defendant and the public would be best served | ||||||
11 | if the
defendant were not to receive a criminal record; and
| ||||||
12 | (3) in the best interests of justice an order of | ||||||
13 | supervision
is more appropriate than a sentence otherwise | ||||||
14 | permitted under this Code.
| ||||||
15 | (c-5) Subsections (a), (b), and (c) of this Section do not | ||||||
16 | apply to a defendant charged with a second or subsequent | ||||||
17 | violation of Section 6-303 of the Illinois Vehicle Code | ||||||
18 | committed while his or her driver's license, permit or | ||||||
19 | privileges were revoked because of a violation of Section 9-3 | ||||||
20 | of the Criminal Code of 1961, relating to the offense of | ||||||
21 | reckless homicide, or a similar provision of a law of another | ||||||
22 | state.
| ||||||
23 | (d) The provisions of paragraph (c) shall not apply to a | ||||||
24 | defendant charged
with violating Section 11-501 of the Illinois | ||||||
25 | Vehicle Code or a similar
provision of a local
ordinance when | ||||||
26 | the defendant has previously been:
|
| |||||||
| |||||||
1 | (1) convicted for a violation of Section 11-501 of
the | ||||||
2 | Illinois Vehicle
Code or a similar provision of a
local | ||||||
3 | ordinance or any similar law or ordinance of another state; | ||||||
4 | or
| ||||||
5 | (2) assigned supervision for a violation of Section | ||||||
6 | 11-501 of the Illinois
Vehicle Code or a similar provision | ||||||
7 | of a local ordinance or any similar law
or ordinance of | ||||||
8 | another state; or
| ||||||
9 | (3) pleaded guilty to or stipulated to the facts | ||||||
10 | supporting
a charge or a finding of guilty to a violation | ||||||
11 | of Section 11-503 of the
Illinois Vehicle Code or a similar | ||||||
12 | provision of a local ordinance or any
similar law or | ||||||
13 | ordinance of another state, and the
plea or stipulation was | ||||||
14 | the result of a plea agreement.
| ||||||
15 | The court shall consider the statement of the prosecuting
| ||||||
16 | authority with regard to the standards set forth in this | ||||||
17 | Section.
| ||||||
18 | (e) The provisions of paragraph (c) shall not apply to a | ||||||
19 | defendant
charged with violating Section 16A-3 of the Criminal | ||||||
20 | Code of 1961 if said
defendant has within the last 5 years | ||||||
21 | been:
| ||||||
22 | (1) convicted for a violation of Section 16A-3 of the | ||||||
23 | Criminal Code of
1961; or
| ||||||
24 | (2) assigned supervision for a violation of Section | ||||||
25 | 16A-3 of the Criminal
Code of 1961.
| ||||||
26 | The court shall consider the statement of the prosecuting |
| |||||||
| |||||||
1 | authority with
regard to the standards set forth in this | ||||||
2 | Section.
| ||||||
3 | (f) The provisions of paragraph (c) shall not apply to a | ||||||
4 | defendant
charged with violating Sections 15-111, 15-112, | ||||||
5 | 15-301, paragraph (b)
of Section 6-104, Section 11-605, or | ||||||
6 | Section 11-1414
of the Illinois Vehicle Code or a similar | ||||||
7 | provision of a local ordinance.
| ||||||
8 | (g) Except as otherwise provided in paragraph (i) of this | ||||||
9 | Section, the
provisions of paragraph (c) shall not apply to a
| ||||||
10 | defendant charged with violating Section
3-707, 3-708, 3-710, | ||||||
11 | or 5-401.3
of the Illinois Vehicle Code or a similar provision | ||||||
12 | of a local ordinance if the
defendant has within the last 5 | ||||||
13 | years been:
| ||||||
14 | (1) convicted for a violation of Section 3-707, 3-708, | ||||||
15 | 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | ||||||
16 | provision of a local
ordinance; or
| ||||||
17 | (2) assigned supervision for a violation of Section | ||||||
18 | 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle | ||||||
19 | Code or a similar provision of a local
ordinance.
| ||||||
20 | The court shall consider the statement of the prosecuting | ||||||
21 | authority with
regard to the standards set forth in this | ||||||
22 | Section.
| ||||||
23 | (h) The provisions of paragraph (c) shall not apply to a | ||||||
24 | defendant under
the age of 21 years charged with violating a | ||||||
25 | serious traffic offense as defined
in Section 1-187.001 of the | ||||||
26 | Illinois Vehicle Code:
|
| |||||||
| |||||||
1 | (1) unless the defendant, upon payment of the fines, | ||||||
2 | penalties, and costs
provided by law, agrees to attend and | ||||||
3 | successfully complete a traffic safety
program approved by | ||||||
4 | the court under standards set by the Conference of Chief
| ||||||
5 | Circuit Judges. The accused shall be responsible for | ||||||
6 | payment of any traffic
safety program fees. If the accused | ||||||
7 | fails to file a certificate of
successful completion on or | ||||||
8 | before the termination date of the supervision
order, the | ||||||
9 | supervision shall be summarily revoked and conviction | ||||||
10 | entered. The
provisions of Supreme Court Rule 402 relating | ||||||
11 | to pleas of guilty do not apply
in cases when a defendant | ||||||
12 | enters a guilty plea under this provision; or
| ||||||
13 | (2) if the defendant has previously been sentenced | ||||||
14 | under the provisions of
paragraph (c) on or after January | ||||||
15 | 1, 1998 for any serious traffic offense as
defined in | ||||||
16 | Section 1-187.001 of the Illinois Vehicle Code.
| ||||||
17 | (i) The provisions of paragraph (c) shall not apply to a | ||||||
18 | defendant charged
with violating Section 3-707 of the Illinois | ||||||
19 | Vehicle Code or a similar
provision of a local ordinance if the | ||||||
20 | defendant has been assigned supervision
for a violation of | ||||||
21 | Section 3-707 of the Illinois Vehicle Code or a similar
| ||||||
22 | provision of a local ordinance.
| ||||||
23 | (j) The provisions of paragraph (c) shall not apply to a
| ||||||
24 | defendant charged with violating
Section 6-303 of the Illinois | ||||||
25 | Vehicle Code or a similar provision of
a local ordinance when | ||||||
26 | the revocation or suspension was for a violation of
Section |
| |||||||
| |||||||
1 | 11-501 or a similar provision of a local ordinance or , a | ||||||
2 | violation of
Section 11-501.1 or paragraph (b) of Section | ||||||
3 | 11-401 of the Illinois Vehicle
Code, or a violation of Section | ||||||
4 | 9-3 of the Criminal Code of 1961 if the
defendant has within | ||||||
5 | the 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
| ||||||
13 | defendant charged with violating
any provision of the Illinois | ||||||
14 | Vehicle Code or a similar provision of a local ordinance that | ||||||
15 | governs the movement of vehicles if, within the 12 months | ||||||
16 | preceding the date of the defendant's arrest, the defendant has | ||||||
17 | been assigned court supervision on 2 occasions for a violation | ||||||
18 | that governs the movement of vehicles under the Illinois | ||||||
19 | Vehicle Code or a similar provision of a local ordinance.
| ||||||
20 | (l) A defendant charged with violating any provision of the | ||||||
21 | Illinois Vehicle Code who, after a court appearance in the same | ||||||
22 | matter, receives a disposition of supervision under subsection | ||||||
23 | (c) shall pay an additional fee of $20, to be collected as | ||||||
24 | provided in Sections 27.5 and 27.6 of the Clerks of Courts Act. | ||||||
25 | In addition to the $20 fee, the person shall also pay a fee of | ||||||
26 | $5, which, if not waived by the court, shall be collected as |
| |||||||
| |||||||
1 | provided in Sections 27.5 and 27.6 of the Clerks of Courts Act. | ||||||
2 | The $20 fee shall be disbursed as provided in Section 16-104c | ||||||
3 | of the Illinois Vehicle Code. If the $5 fee is collected, $4.50 | ||||||
4 | of the fee shall be deposited into the Circuit Court Clerk | ||||||
5 | Operation and Administrative Fund created by the Clerk of the | ||||||
6 | Circuit Court and 50 cents of the fee shall be deposited into | ||||||
7 | the Prisoner Review Board Vehicle and Equipment Fund in the | ||||||
8 | State treasury.
| ||||||
9 | (Source: P.A. 93-388, eff. 7-25-03; 93-1014, eff. 1-1-05; | ||||||
10 | 94-169, eff. 1-1-06; 94-330, eff. 1-1-06; 94-375, eff. 1-1-06; | ||||||
11 | 94-1009, eff. 1-1-07.)
|