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1 | AN ACT in relation to driving offenses.
| ||||||||||||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | ||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||||||||||
4 | Section 5. The Illinois Vehicle Code is amended by changing
| ||||||||||||||||||||||||||||||||||||
5 | Section 11-501 as follows:
| ||||||||||||||||||||||||||||||||||||
6 | (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
| ||||||||||||||||||||||||||||||||||||
7 | Sec. 11-501. Driving while under the influence of alcohol, | ||||||||||||||||||||||||||||||||||||
8 | other drug or
drugs, intoxicating compound or compounds or any | ||||||||||||||||||||||||||||||||||||
9 | combination thereof.
| ||||||||||||||||||||||||||||||||||||
10 | (a) A person shall not drive or be in actual
physical | ||||||||||||||||||||||||||||||||||||
11 | control of any vehicle within this State while:
| ||||||||||||||||||||||||||||||||||||
12 | (1) the alcohol concentration in the person's blood or | ||||||||||||||||||||||||||||||||||||
13 | breath is 0.08
or more based on the definition of blood and | ||||||||||||||||||||||||||||||||||||
14 | breath units in Section 11-501.2;
| ||||||||||||||||||||||||||||||||||||
15 | (2) under the influence of alcohol;
| ||||||||||||||||||||||||||||||||||||
16 | (3) under the influence of any intoxicating compound or | ||||||||||||||||||||||||||||||||||||
17 | combination of
intoxicating compounds to a degree that | ||||||||||||||||||||||||||||||||||||
18 | renders the person incapable of
driving safely;
| ||||||||||||||||||||||||||||||||||||
19 | (4) under the influence of any other drug or | ||||||||||||||||||||||||||||||||||||
20 | combination of drugs to a
degree that renders the person | ||||||||||||||||||||||||||||||||||||
21 | incapable of safely driving;
| ||||||||||||||||||||||||||||||||||||
22 | (5) under the combined influence of alcohol, other drug | ||||||||||||||||||||||||||||||||||||
23 | or drugs, or
intoxicating compound or compounds to a degree | ||||||||||||||||||||||||||||||||||||
24 | that renders the person
incapable of safely driving; or
| ||||||||||||||||||||||||||||||||||||
25 | (6) there is any amount of a drug, substance, or | ||||||||||||||||||||||||||||||||||||
26 | compound in the
person's breath, blood, or urine resulting | ||||||||||||||||||||||||||||||||||||
27 | from the unlawful use or consumption
of cannabis listed in | ||||||||||||||||||||||||||||||||||||
28 | the Cannabis Control Act, a controlled substance listed
in | ||||||||||||||||||||||||||||||||||||
29 | the Illinois Controlled Substances Act, or an intoxicating | ||||||||||||||||||||||||||||||||||||
30 | compound listed
in the Use of Intoxicating Compounds Act.
| ||||||||||||||||||||||||||||||||||||
31 | (b) The fact that any person charged with violating this | ||||||||||||||||||||||||||||||||||||
32 | Section is or
has been legally entitled to use alcohol, other |
| |||||||
| |||||||
1 | drug or drugs, or
intoxicating compound or compounds, or any
| ||||||
2 | combination thereof, shall not constitute a defense against any | ||||||
3 | charge of
violating this Section.
| ||||||
4 | (b-1) With regard to penalties imposed under this Section:
| ||||||
5 | (1) Any reference to a prior violation of subsection | ||||||
6 | (a) or a similar
provision includes any violation of a | ||||||
7 | provision of a local ordinance or a
provision of a law of | ||||||
8 | another state that is similar to a violation of
subsection | ||||||
9 | (a) of this Section.
| ||||||
10 | (2) Any penalty imposed for driving with a license that | ||||||
11 | has been revoked
for a previous violation of subsection (a) | ||||||
12 | of this Section shall be in
addition to the penalty imposed | ||||||
13 | for any subsequent violation of subsection (a).
| ||||||
14 | (b-2) Except as otherwise provided in this Section, any | ||||||
15 | person convicted of
violating subsection (a) of this Section is | ||||||
16 | guilty of a Class A misdemeanor.
| ||||||
17 | (b-3) In addition to any other criminal or administrative | ||||||
18 | sanction for any
second conviction of violating subsection (a) | ||||||
19 | or a similar provision committed
within 5 years of a previous | ||||||
20 | violation of subsection (a) or a similar
provision, the | ||||||
21 | defendant shall be sentenced to a mandatory minimum of 5 days | ||||||
22 | of
imprisonment or assigned a mandatory minimum of 240 hours of | ||||||
23 | community service
as may be determined by the court.
| ||||||
24 | (b-4) In the case of a third or subsequent violation | ||||||
25 | committed within 5
years of a previous violation of subsection | ||||||
26 | (a) or a similar provision, in
addition to any other criminal | ||||||
27 | or administrative sanction, a mandatory minimum
term of either | ||||||
28 | 10 days of imprisonment or 480 hours of community service shall
| ||||||
29 | be imposed.
| ||||||
30 | (b-5) The imprisonment or assignment of community service | ||||||
31 | under subsections
(b-3) and (b-4) shall not be subject to | ||||||
32 | suspension, nor shall the person be
eligible for a reduced | ||||||
33 | sentence.
| ||||||
34 | (c) (Blank).
Except as provided under paragraphs (c-3), | ||||||
35 | (c-4), and (d)
of this Section,
every person convicted of | ||||||
36 | violating this Section or a similar provision of a
local |
| |||||||
| |||||||
1 | ordinance, shall be guilty of a Class A misdemeanor and, in | ||||||
2 | addition to
any other criminal or administrative action, for | ||||||
3 | any second conviction of
violating this Section or a similar | ||||||
4 | provision of a law of another state or
local ordinance | ||||||
5 | committed within 5 years of a previous violation of this
| ||||||
6 | Section or a similar provision of a local ordinance shall be | ||||||
7 | mandatorily
sentenced to a minimum of 5 days of imprisonment or | ||||||
8 | assigned to a
minimum of 30 days of community service as may be | ||||||
9 | determined by the court.
Every person convicted of violating | ||||||
10 | this Section or a similar provision of a
local ordinance shall | ||||||
11 | be subject to an additional mandatory minimum fine of
$500 and | ||||||
12 | an additional
mandatory 5 days of community service in a | ||||||
13 | program benefiting children if the
person committed a violation | ||||||
14 | of paragraph (a) or a similar provision of a local
ordinance | ||||||
15 | while transporting a person under age 16. Every person
| ||||||
16 | convicted a second time for violating this Section or a similar | ||||||
17 | provision of a
local ordinance within 5 years of a previous | ||||||
18 | violation of this Section or a
similar provision of a law of | ||||||
19 | another state or local ordinance shall be subject
to an | ||||||
20 | additional mandatory minimum
fine of $500 and an additional 10 | ||||||
21 | days of mandatory community service in a
program benefiting
| ||||||
22 | children if the current offense was committed while | ||||||
23 | transporting a person
under age 16. The imprisonment or | ||||||
24 | assignment under this subsection
shall not be subject to | ||||||
25 | suspension nor shall the person be eligible for
probation in | ||||||
26 | order to reduce the sentence or assignment.
| ||||||
27 | (c-1) (1) A person who violates subsection (a)
this Section | ||||||
28 | during
a period in which his
or her driving privileges are | ||||||
29 | revoked or suspended, where the revocation or
suspension | ||||||
30 | was for a violation of subsection (a)
this Section , Section
| ||||||
31 | 11-501.1, paragraph (b)
of Section 11-401, or for reckless | ||||||
32 | homicide as defined in Section 9-3 of
the Criminal Code of | ||||||
33 | 1961 is guilty of a
Class 4 felony.
| ||||||
34 | (2) A person who violates subsection (a)
this Section a | ||||||
35 | third
time , if the third violation occurs during a period | ||||||
36 | in
which his or her driving privileges are revoked or |
| |||||||
| |||||||
1 | suspended where the
revocation
or suspension was for a | ||||||
2 | violation of subsection (a)
this Section ,
Section | ||||||
3 | 11-501.1, paragraph
(b) of Section 11-401, or for reckless | ||||||
4 | homicide as defined in Section 9-3
of the Criminal Code of | ||||||
5 | 1961 , is guilty of
a Class 3 felony.
| ||||||
6 | (2.1) A person who violates subsection (a) a third | ||||||
7 | time, if the third
violation occurs during a period in | ||||||
8 | which his or her driving privileges are
revoked or | ||||||
9 | suspended where the revocation or suspension was for a | ||||||
10 | violation of
subsection (a), Section 11-501.1, subsection | ||||||
11 | (b) of Section 11-401, or for
reckless homicide as defined | ||||||
12 | in Section
9-3 of the Criminal Code of 1961, is guilty of a | ||||||
13 | Class 3 felony; and if the
person receives a term of
| ||||||
14 | probation or conditional discharge, he or she shall be | ||||||
15 | required to serve a
mandatory
minimum of 10 days of | ||||||
16 | imprisonment or shall be assigned a mandatory minimum of
| ||||||
17 | 480 hours of community service, as may be determined by the | ||||||
18 | court, as a
condition of the probation or conditional | ||||||
19 | discharge. This mandatory minimum
term of imprisonment or | ||||||
20 | assignment of community service shall not be suspended
or | ||||||
21 | reduced by the court.
| ||||||
22 | (2.2) A person who violates subsection (a), if the
| ||||||
23 | violation occurs during a period in which his or her | ||||||
24 | driving privileges are
revoked or suspended where the | ||||||
25 | revocation or suspension was for a violation of
subsection | ||||||
26 | (a) or Section 11-501.1, shall also be sentenced to an | ||||||
27 | additional
mandatory minimum term of 30 consecutive days of | ||||||
28 | imprisonment, 40 days of
24-hour periodic imprisonment, or | ||||||
29 | 720 hours of community service, as may be
determined by the | ||||||
30 | court. This mandatory term of imprisonment or assignment of
| ||||||
31 | community service shall not be suspended or reduced by the | ||||||
32 | court.
| ||||||
33 | (3) A person who violates subsection (a)
this Section a | ||||||
34 | fourth or
subsequent time , if the fourth or subsequent | ||||||
35 | violation occurs
during a period in which his
or her | ||||||
36 | driving privileges are revoked or suspended where the |
| |||||||
| |||||||
1 | revocation
or suspension was for a violation of subsection | ||||||
2 | (a)
this Section ,
Section 11-501.1, paragraph
(b) of | ||||||
3 | Section 11-401, or for reckless homicide as defined in | ||||||
4 | Section 9-3
of
the Criminal Code of 1961 , is guilty of
a | ||||||
5 | Class 2 felony and is not eligible for a sentence of | ||||||
6 | probation or
conditional discharge .
| ||||||
7 | (c-2) (Blank).
| ||||||
8 | (c-3) (Blank).
Every person convicted of violating this | ||||||
9 | Section or a
similar
provision of a local ordinance who had a | ||||||
10 | child under age 16 in the vehicle at
the time of the offense | ||||||
11 | shall have his or her punishment under this Act
enhanced by 2 | ||||||
12 | days of imprisonment for a first offense, 10 days of | ||||||
13 | imprisonment
for a second offense, 30 days of imprisonment for | ||||||
14 | a third offense, and 90 days
of imprisonment for a fourth or | ||||||
15 | subsequent offense, in addition to the fine and
community | ||||||
16 | service required under subsection (c) and the possible | ||||||
17 | imprisonment
required under subsection (d). The imprisonment | ||||||
18 | or assignment under this
subsection shall not be subject to | ||||||
19 | suspension nor shall the person be eligible
for probation in | ||||||
20 | order to reduce the sentence or assignment.
| ||||||
21 | (c-4) (Blank).
When a person is convicted of violating | ||||||
22 | Section 11-501
of this
Code or a similar provision of a local | ||||||
23 | ordinance, the following penalties apply
when his or her blood, | ||||||
24 | breath, or urine was
.16 or more based on the definition of | ||||||
25 | blood, breath, or urine units in Section
11-501.2 or when that | ||||||
26 | person is convicted of violating this Section while
| ||||||
27 | transporting a child under the age of 16:
| ||||||
28 | (1) A person who is convicted of violating subsection | ||||||
29 | (a) of Section
11-501 of this
Code a
first time, in | ||||||
30 | addition to any other penalty that may be imposed under
| ||||||
31 | subsection (c), is subject to
a mandatory minimum of
100 | ||||||
32 | hours
of community service
and
a minimum fine of $500.
| ||||||
33 | (2) A person who is convicted of violating subsection | ||||||
34 | (a) of Section
11-501 of this
Code a
second time within 10 | ||||||
35 | years, in addition to any other penalty
that may be imposed | ||||||
36 | under subsection (c), is subject to
a mandatory minimum of |
| |||||||
| |||||||
1 | 2 days of imprisonment
and
a minimum fine of $1,250.
| ||||||
2 | (3) A person who is convicted of violating subsection | ||||||
3 | (a) of Section
11-501 of this
Code a third time within 20 | ||||||
4 | years is guilty of a Class 4 felony and, in
addition to any
| ||||||
5 | other penalty that may be imposed under subsection (c), is | ||||||
6 | subject to
a mandatory minimum of 90 days of imprisonment | ||||||
7 | and
a minimum fine of $2,500.
| ||||||
8 | (4) A person who is convicted of violating this | ||||||
9 | subsection (c-4) a fourth
or subsequent
time is
guilty of a | ||||||
10 | Class 2 felony and, in addition to any other penalty
that | ||||||
11 | may be imposed under subsection (c), is not
eligible for a | ||||||
12 | sentence of probation or conditional
discharge and is
| ||||||
13 | subject to a minimum fine of $2,500.
| ||||||
14 | (c-5) A person who violates subsection (a), if the person | ||||||
15 | was transporting
a person under the age of 16 at the time of | ||||||
16 | the violation, is subject to an
additional mandatory minimum | ||||||
17 | fine of $1,000, an additional mandatory minimum
140 hours of | ||||||
18 | community service, which shall include 40 hours of community
| ||||||
19 | service in a program benefiting children, and an additional 2 | ||||||
20 | days of
imprisonment. The imprisonment or assignment of | ||||||
21 | community service under this
subsection (c-5) is not subject to | ||||||
22 | suspension, nor is the person eligible for
a reduced sentence.
| ||||||
23 | (c-6) Except as provided in subsections (c-7) and (c-8) a | ||||||
24 | person who
violates
subsection (a) a second time, if at the | ||||||
25 | time of
the second violation the person was transporting a | ||||||
26 | person under the age of 16,
is subject to an additional 10 days | ||||||
27 | of imprisonment, an additional mandatory
minimum fine of | ||||||
28 | $1,000, and an additional mandatory minimum 140 hours of
| ||||||
29 | community service, which shall include 40 hours of community | ||||||
30 | service in a
program benefiting children.
The imprisonment or | ||||||
31 | assignment of community service under this subsection (c-6)
is | ||||||
32 | not subject to suspension, nor is the person eligible for a | ||||||
33 | reduced
sentence.
| ||||||
34 | (c-7) Except as provided in subsection (c-8), any person | ||||||
35 | convicted of
violating subsection (c-6) or a similar
provision | ||||||
36 | within 10 years of a previous violation of subsection (a) or a
|
| |||||||
| |||||||
1 | similar provision shall receive, in addition to any other | ||||||
2 | penalty imposed, a
mandatory minimum 12 days imprisonment, an | ||||||
3 | additional 40 hours of mandatory
community service in a program | ||||||
4 | benefiting children, and a mandatory minimum
fine of $1,750. | ||||||
5 | The imprisonment or assignment of community service under this
| ||||||
6 | subsection (c-7) is not subject to suspension, nor is the | ||||||
7 | person
eligible for a reduced sentence.
| ||||||
8 | (c-8) any person convicted of violating subsection (c-6) or | ||||||
9 | a similar
provision within 5 years of a previous violation of | ||||||
10 | subsection (a) or a similar
provision shall receive, in | ||||||
11 | addition to any other penalty imposed, an
additional 80 hours | ||||||
12 | of mandatory community service in a program benefiting
| ||||||
13 | children, an additional mandatory minimum 12 days of | ||||||
14 | imprisonment, and a
mandatory minimum fine of $1,750. The | ||||||
15 | imprisonment or assignment of community
service under this | ||||||
16 | subsection (c-8) is not subject to suspension, nor
is the
| ||||||
17 | person eligible for a reduced sentence.
| ||||||
18 | (c-9) Any person convicted a third time for violating | ||||||
19 | subsection (a) or a
similar provision, if at the time of the | ||||||
20 | third violation the person was
transporting a person under the | ||||||
21 | age 16, is guilty of a Class 4 felony and shall
receive, in | ||||||
22 | addition to any other
penalty imposed, an additional mandatory | ||||||
23 | fine of $1,000, an additional
mandatory 140 hours of community | ||||||
24 | service, which shall include 40 hours in a
program benefiting | ||||||
25 | children, and a mandatory minimum 30 days of imprisonment.
The | ||||||
26 | imprisonment or assignment of community service under this | ||||||
27 | subsection (c-9)
is not subject to suspension, nor is the | ||||||
28 | person eligible for a reduced
sentence.
| ||||||
29 | (c-10) Any person convicted of violating subsection (c-9) | ||||||
30 | or a similar
provision a third time within 20 years of a | ||||||
31 | previous violation of subsection
(a) or a
similar provision is | ||||||
32 | guilty of a Class 4 felony and shall receive, in addition
to | ||||||
33 | any other penalty imposed, an additional mandatory 40 hours of | ||||||
34 | community
service in a program benefiting children, an | ||||||
35 | additional mandatory fine of
$3000, and a mandatory minimum 120 | ||||||
36 | days of imprisonment. The imprisonment or
assignment of |
| |||||||
| |||||||
1 | community service under this subsection (c-10) is not subject | ||||||
2 | to
suspension, nor is the person eligible for a reduced | ||||||
3 | sentence.
| ||||||
4 | (c-11) Any person convicted a fourth or subsequent time for | ||||||
5 | violating
subsection (a) or a similar provision, if at the time | ||||||
6 | of the fourth or
subsequent violation the person was | ||||||
7 | transporting a person under the age of 16,
and if the person's | ||||||
8 | 3 prior violations of subsection (a) or similar provision
| ||||||
9 | occurred while transporting a person under the age of 16 or | ||||||
10 | while the alcohol
concentration in his or her blood, breath, or | ||||||
11 | urine was 0.16 or more based
on the definition of blood, | ||||||
12 | breath, or urine units in Section 11-501.2, is
guilty of a | ||||||
13 | Class 2 felony, is not eligible for probation or conditional
| ||||||
14 | discharge, and is subject to a minimum fine of $3,000.
| ||||||
15 | (c-12) Any person convicted of a first violation of | ||||||
16 | subsection (a) or a
similar provision, if the alcohol | ||||||
17 | concentration in his or her blood, breath, or
urine was 0.16 or | ||||||
18 | more based on the definition of blood, breath, or urine
units | ||||||
19 | in Section 11-501.2, shall be subject, in addition to any other | ||||||
20 | penalty
that may be imposed, to a mandatory minimum of 100 | ||||||
21 | hours of community service
and a mandatory minimum fine of | ||||||
22 | $500.
| ||||||
23 | (c-13) Any person convicted of a second violation of | ||||||
24 | subsection (a) or a
similar provision, if at the time of the | ||||||
25 | second violation of subsection (a) the
alcohol concentration in | ||||||
26 | his or her blood, breath, or urine was 0.16 or more
based on | ||||||
27 | the definition of blood, breath, or urine units in Section | ||||||
28 | 11-501.2,
shall be
subject, in addition to any other penalty | ||||||
29 | that may be imposed, to a mandatory
minimum of 2 days of | ||||||
30 | imprisonment and a mandatory minimum fine of $1,250.
| ||||||
31 | (c-14) Any person convicted of a third violation of | ||||||
32 | subsection (a) or a
similar provision within 20 years of a | ||||||
33 | previous violation of subsection (a) or
a
similar provision, if | ||||||
34 | at the time of the third violation of subsection (a) or a
| ||||||
35 | similar provision the alcohol concentration in his or her | ||||||
36 | blood, breath, or
urine was 0.16 or more based on the |
| |||||||
| |||||||
1 | definition of blood, breath, or urine units
in Section | ||||||
2 | 11-501.2, is guilty of a Class 4 felony and shall be subject, | ||||||
3 | in
addition to any other penalty that may be imposed, to a | ||||||
4 | mandatory minimum of
90 days of imprisonment and a mandatory | ||||||
5 | minimum fine of $2,500.
| ||||||
6 | (c-15) Any person convicted of a fourth or subsequent | ||||||
7 | violation of
subsection
(a) or a similar provision, if at the | ||||||
8 | time of the fourth or subsequent
violation the alcohol | ||||||
9 | concentration in his or her blood, breath, or urine was
0.16 or | ||||||
10 | more based on the definition of blood, breath, or urine units | ||||||
11 | in
Section 11-501.2, and if the person's 3 prior violations of | ||||||
12 | subsection (a) or a
similar provision occurred while | ||||||
13 | transporting a person under the age of 16 or
while the alcohol | ||||||
14 | concentration in his or her blood, breath, or urine was 0.16
or | ||||||
15 | more based on the definition of blood, breath, or urine units | ||||||
16 | in Section
11-501.2, is guilty of a Class 2 felony and is not | ||||||
17 | eligible for a sentence of
probation or conditional discharge | ||||||
18 | and is subject to a minimum fine of
$2,500.
| ||||||
19 | (d) (1) Every person convicted of committing a violation of | ||||||
20 | this Section
shall be guilty of aggravated driving under | ||||||
21 | the influence of alcohol,
other drug or drugs, or | ||||||
22 | intoxicating compound or compounds, or any combination
| ||||||
23 | thereof if:
| ||||||
24 | (A) the person committed a violation of subsection | ||||||
25 | (a)
this
Section, or a similar
provision of a law of | ||||||
26 | another state or a local ordinance when the cause of
| ||||||
27 | action is the same as or substantially similar to this | ||||||
28 | Section, for the
third or subsequent time;
| ||||||
29 | (B) the person committed a violation of subsection
| ||||||
30 | paragraph (a)
while
driving a school bus with persons | ||||||
31 | 18 years of age or younger
children
on board;
| ||||||
32 | (C) the person in committing a violation of | ||||||
33 | subsection
paragraph
(a) was
involved in a motor | ||||||
34 | vehicle accident that resulted in great bodily harm or
| ||||||
35 | permanent disability or disfigurement to another, when | ||||||
36 | the violation was
a proximate cause of the injuries;
|
| |||||||
| |||||||
1 | (D) the person committed a violation of subsection
| ||||||
2 | paragraph (a)
for a
second time and has been previously | ||||||
3 | convicted of violating Section 9-3 of the
Criminal Code | ||||||
4 | of 1961 relating to reckless homicide in which the | ||||||
5 | person was
determined to have been under the influence | ||||||
6 | of alcohol, other drug or
drugs, or intoxicating | ||||||
7 | compound or compounds as an element of the offense or
| ||||||
8 | the person has previously been convicted
under | ||||||
9 | subparagraph (C) or subparagraph (F) of this paragraph | ||||||
10 | (1);
| ||||||
11 | (E) the person, in committing a violation of | ||||||
12 | subsection
paragraph (a) while
driving at any speed in | ||||||
13 | a school speed zone at a time when a speed limit of
20 | ||||||
14 | miles per hour was in effect under subsection (a) of | ||||||
15 | Section 11-605 of
this Code, was involved in a motor | ||||||
16 | vehicle accident that resulted in bodily
harm, other | ||||||
17 | than great bodily harm or permanent disability or | ||||||
18 | disfigurement,
to another person, when the violation | ||||||
19 | of subsection
paragraph (a) was a
proximate cause
of | ||||||
20 | the bodily harm; or
| ||||||
21 | (F) the person, in committing a violation of | ||||||
22 | subsection
paragraph (a), was
involved in a motor | ||||||
23 | vehicle, snowmobile, all-terrain vehicle, or | ||||||
24 | watercraft
accident that resulted in
the death of | ||||||
25 | another person, when the violation of subsection
| ||||||
26 | paragraph
(a) was
a proximate cause of the death.
| ||||||
27 | (2) Except as provided in this paragraph (2), a person | ||||||
28 | convicted of
aggravated driving under
the
influence of | ||||||
29 | alcohol, other drug or
drugs,
or intoxicating compound or | ||||||
30 | compounds, or any
combination thereof is guilty of a Class | ||||||
31 | 4 felony. For a violation of
subparagraph (C)
of
paragraph | ||||||
32 | (1) of this subsection (d), the defendant, if sentenced to | ||||||
33 | a term
of imprisonment, shall be sentenced
to not less than
| ||||||
34 | one year nor more than 12 years.
Aggravated driving under | ||||||
35 | the influence of alcohol, other drug or drugs,
or | ||||||
36 | intoxicating compound or compounds, or any combination |
| |||||||
| |||||||
1 | thereof as
defined in subparagraph (F) of paragraph (1) of | ||||||
2 | this subsection (d) is
a Class 2 felony, for which the | ||||||
3 | defendant, if sentenced to a term of
imprisonment, shall be | ||||||
4 | sentenced to: (A) a
term of imprisonment of not less than 3 | ||||||
5 | years and not more
than 14 years if the violation resulted | ||||||
6 | in the death of one person; or
(B) a term of imprisonment | ||||||
7 | of not less than 6 years and not
more than 28 years if the | ||||||
8 | violation resulted in the deaths of 2 or more
persons.
For | ||||||
9 | any prosecution under this subsection
(d), a certified copy | ||||||
10 | of the
driving abstract of the defendant shall be admitted | ||||||
11 | as proof of any prior
conviction.
Any person sentenced | ||||||
12 | under this subsection (d) who receives a term of
probation
| ||||||
13 | or conditional discharge must serve a minimum term of | ||||||
14 | either 480 hours of
community service or 10 days of | ||||||
15 | imprisonment as a condition of the probation or
conditional | ||||||
16 | discharge. This mandatory minimum term of imprisonment or
| ||||||
17 | assignment of community service may not be suspended or | ||||||
18 | reduced by the court.
| ||||||
19 | (e) After a finding of guilt and prior to any final | ||||||
20 | sentencing, or an
order for supervision, for an offense based | ||||||
21 | upon an arrest for a
violation of this Section or a similar | ||||||
22 | provision of a local ordinance,
individuals shall be required | ||||||
23 | to undergo a professional evaluation to
determine if an | ||||||
24 | alcohol, drug, or intoxicating compound abuse problem exists
| ||||||
25 | and the
extent of the problem, and undergo the imposition of | ||||||
26 | treatment as appropriate.
Programs conducting these | ||||||
27 | evaluations shall be
licensed by the Department of Human | ||||||
28 | Services. The cost of any professional
evaluation shall be paid | ||||||
29 | for by the
individual
required to undergo the professional | ||||||
30 | evaluation.
| ||||||
31 | (e-1) Any person who is found guilty of or pleads guilty to | ||||||
32 | violating this
Section, including any person receiving a | ||||||
33 | disposition of court supervision for
violating this Section, | ||||||
34 | may be required by the Court to attend a victim
impact panel | ||||||
35 | offered by, or under contract with, a County State's Attorney's
| ||||||
36 | office, a probation and court services department, Mothers |
| |||||||
| |||||||
1 | Against Drunk
Driving,
or the Alliance Against Intoxicated | ||||||
2 | Motorists.
All costs generated by
the victim impact panel shall | ||||||
3 | be paid from fees collected from the
offender or as may be | ||||||
4 | determined by the court.
| ||||||
5 | (f) Every person found guilty of violating this Section, | ||||||
6 | whose
operation of a motor vehicle while in violation of this | ||||||
7 | Section proximately
caused any incident resulting in an | ||||||
8 | appropriate emergency response, shall
be liable for the expense | ||||||
9 | of an emergency response as provided under
Section 5-5-3 of the | ||||||
10 | Unified Code of Corrections.
| ||||||
11 | (g) The Secretary of State shall revoke the driving | ||||||
12 | privileges of any
person convicted under this Section or a | ||||||
13 | similar provision of a local
ordinance.
| ||||||
14 | (h) Blank.
Every person sentenced under paragraph (2) or | ||||||
15 | (3) of
subsection (c-1)
of this Section or subsection (d) of | ||||||
16 | this Section and who
receives a term of probation or | ||||||
17 | conditional discharge shall be required to
serve a minimum term | ||||||
18 | of either 60 days community service or 10 days of
imprisonment | ||||||
19 | as a condition of the probation or
conditional discharge. This | ||||||
20 | mandatory minimum term of imprisonment or
assignment of | ||||||
21 | community service shall not be suspended and shall
not be | ||||||
22 | subject to reduction by the court.
| ||||||
23 | (i) 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 of this Section or a similar provision of a local
| ||||||
27 | ordinance. The Secretary shall establish by rule and regulation | ||||||
28 | the procedures
for certification and use of the interlock | ||||||
29 | system.
| ||||||
30 | (j) In addition to any other penalties and liabilities, a | ||||||
31 | person who is
found guilty of or pleads guilty to violating | ||||||
32 | subsection (a)
this
Section , including any
person placed on | ||||||
33 | court supervision for violating subsection (a)
this
Section , | ||||||
34 | shall be fined
$100, payable to the
circuit clerk, who shall | ||||||
35 | distribute the money to the law enforcement agency
that made | ||||||
36 | the arrest. If the person has been previously convicted of |
| |||||||
| |||||||
1 | violating
subsection (a)
this Section or a similar provision of | ||||||
2 | a local
ordinance, the fine shall be
$200. In the event that | ||||||
3 | more than one agency is responsible
for the arrest, the $100 or | ||||||
4 | $200 shall be shared equally. Any moneys received
by a law
| ||||||
5 | enforcement agency under this subsection (j) shall be used to | ||||||
6 | purchase law
enforcement equipment that will assist in the | ||||||
7 | prevention of alcohol related
criminal violence throughout the | ||||||
8 | State. This shall include, but is not limited
to, in-car video | ||||||
9 | cameras, radar and laser speed detection devices, and alcohol
| ||||||
10 | breath testers.
Any moneys received by the Department of State | ||||||
11 | Police under this subsection
(j) shall be deposited into the | ||||||
12 | State Police DUI Fund and shall be used to
purchase law | ||||||
13 | enforcement equipment that will assist in the prevention of
| ||||||
14 | alcohol related criminal violence throughout the State.
| ||||||
15 | (k) The Secretary of State Police DUI Fund is created as a | ||||||
16 | special
fund in the State treasury. All moneys received by the | ||||||
17 | Secretary of State
Police under subsection (j) of this Section | ||||||
18 | shall be deposited into the
Secretary of State Police DUI Fund | ||||||
19 | and, subject to appropriation, shall be
used to purchase law | ||||||
20 | enforcement equipment to assist in the prevention of
alcohol | ||||||
21 | related criminal violence throughout the State.
| ||||||
22 | (l) Whenever an individual is sentenced for an offense | ||||||
23 | based upon an
arrest for a violation of subsection (a) or a | ||||||
24 | similar provision of a local
ordinance, and the professional | ||||||
25 | evaluation recommends remedial or
rehabilitative treatment or | ||||||
26 | education, neither the treatment nor the education
shall be the | ||||||
27 | sole disposition and either or both may be imposed only in
| ||||||
28 | conjunction with another disposition. The court shall monitor | ||||||
29 | compliance with
any remedial education or treatment | ||||||
30 | recommendations contained in the
professional evaluation. | ||||||
31 | Programs conducting alcohol or other drug evaluation
or | ||||||
32 | remedial education must be licensed by the Department of Human | ||||||
33 | Services. If
the individual is not a resident of Illinois, | ||||||
34 | however, the court may accept an
alcohol or other drug | ||||||
35 | evaluation or remedial education program in the
individual's | ||||||
36 | state of residence. Programs providing treatment must be |
| |||||||
| |||||||
1 | licensed
under existing applicable alcoholism and drug | ||||||
2 | treatment licensure standards.
| ||||||
3 | (m) In addition to any other fine or penalty required by | ||||||
4 | law, an individual
convicted of a violation of subsection (a), | ||||||
5 | Section 5-7 of the Snowmobile
Registration and Safety Act, | ||||||
6 | Section 5-16 of the Boat Registration and Safety
Act, or a | ||||||
7 | similar provision, whose operation of a motor vehicle, | ||||||
8 | snowmobile, or
watercraft while in
violation of subsection (a), | ||||||
9 | Section 5-7 of the Snowmobile Registration and
Safety Act, | ||||||
10 | Section 5-16 of the Boat Registration and Safety Act, or a | ||||||
11 | similar
provision proximately caused an incident resulting in | ||||||
12 | an appropriate emergency
response, shall be required to make | ||||||
13 | restitution to a public agency for the
costs of that emergency | ||||||
14 | response. The restitution may not exceed $1,000 per
public | ||||||
15 | agency for each emergency response. As used in this subsection | ||||||
16 | (m),
"emergency response" means any incident requiring a | ||||||
17 | response by a police
officer, a firefighter carried on the | ||||||
18 | rolls of a regularly constituted fire
department, or an | ||||||
19 | ambulance.
| ||||||
20 | (Source: P.A. 92-248, eff. 8-3-01; 92-418, eff. 8-17-01;
| ||||||
21 | 92-420, eff. 8-17-01; 92-429, eff. 1-1-02; 92-431, eff. 1-1-02; | ||||||
22 | 92-651, eff.
7-11-02; 93-156, eff. 1-1-04; 93-213, eff. | ||||||
23 | 7-18-03; 93-584, eff.
8-22-03; revised 8-27-03.)
| ||||||
24 | Section 10. The Clerks of Courts Act is amended by changing
| ||||||
25 | Sections 27.5 and 27.6 as follows:
| ||||||
26 | (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
| ||||||
27 | Sec. 27.5. (a) All fees, fines, costs, additional | ||||||
28 | penalties, bail balances
assessed or forfeited, and any other | ||||||
29 | amount paid by a person to the circuit
clerk that equals an | ||||||
30 | amount less than $55, except restitution under Section
5-5-6 of | ||||||
31 | the Unified Code of Corrections, reimbursement for the costs of | ||||||
32 | an
emergency response as provided under Section 11-501 of the | ||||||
33 | Illinois Vehicle
Code
5-5-3 of the Unified Code of
Corrections , | ||||||
34 | any fees collected for attending a traffic safety program under
|
| |||||||
| |||||||
1 | paragraph (c) of Supreme Court Rule 529, any fee collected on | ||||||
2 | behalf of a
State's Attorney under Section 4-2002 of the | ||||||
3 | Counties Code or a sheriff under
Section 4-5001 of the Counties | ||||||
4 | Code, or any cost imposed under Section 124A-5
of the Code of | ||||||
5 | Criminal Procedure of 1963, for convictions, orders of
| ||||||
6 | supervision, or any other disposition for a violation of | ||||||
7 | Chapters 3, 4, 6,
11, and 12 of the Illinois Vehicle Code, or a | ||||||
8 | similar provision of a local
ordinance, and any violation of | ||||||
9 | the Child Passenger Protection Act, or a
similar provision of a | ||||||
10 | local ordinance, and except as provided in subsection
(b) shall | ||||||
11 | be disbursed within 60 days after receipt by the circuit
clerk | ||||||
12 | as follows: 47% shall be disbursed to the entity authorized by | ||||||
13 | law to
receive the fine imposed in the case; 12% shall be | ||||||
14 | disbursed to the State
Treasurer; and 41% shall be disbursed to | ||||||
15 | the county's general corporate fund.
Of the 12% disbursed to | ||||||
16 | the State Treasurer, 1/6 shall be deposited by the
State | ||||||
17 | Treasurer into the Violent Crime Victims Assistance Fund, 1/2 | ||||||
18 | shall be
deposited into the Traffic and Criminal Conviction | ||||||
19 | Surcharge Fund, and 1/3
shall be deposited into the Drivers | ||||||
20 | Education Fund. For fiscal years 1992 and
1993, amounts | ||||||
21 | deposited into the Violent Crime Victims Assistance Fund, the
| ||||||
22 | Traffic and Criminal Conviction Surcharge Fund, or the Drivers | ||||||
23 | Education Fund
shall not exceed 110% of the amounts deposited | ||||||
24 | into those funds in fiscal year
1991. Any amount that exceeds | ||||||
25 | the 110% limit shall be distributed as follows:
50% shall be | ||||||
26 | disbursed to the county's general corporate fund and 50% shall | ||||||
27 | be
disbursed to the entity authorized by law to receive the | ||||||
28 | fine imposed in the
case. Not later than March 1 of each year | ||||||
29 | the circuit clerk
shall submit a report of the amount of funds | ||||||
30 | remitted to the State
Treasurer under this Section during the | ||||||
31 | preceding year based upon
independent verification of fines and | ||||||
32 | fees. All counties shall be subject
to this Section, except | ||||||
33 | that counties with a population under 2,000,000
may, by | ||||||
34 | ordinance, elect not to be subject to this Section. For | ||||||
35 | offenses
subject to this Section, judges shall impose one total | ||||||
36 | sum of money payable
for violations. The circuit clerk may add |
| |||||||
| |||||||
1 | on no additional amounts except
for amounts that are required | ||||||
2 | by Sections 27.3a and 27.3c of
this Act, unless those amounts | ||||||
3 | are specifically waived by the judge. With
respect to money | ||||||
4 | collected by the circuit clerk as a result of
forfeiture of | ||||||
5 | bail, ex parte judgment or guilty plea pursuant to Supreme
| ||||||
6 | Court Rule 529, the circuit clerk shall first deduct and pay | ||||||
7 | amounts
required by Sections 27.3a and 27.3c of this Act. This | ||||||
8 | Section is a denial
and limitation of home rule powers and | ||||||
9 | functions under subsection (h) of
Section 6 of Article VII of | ||||||
10 | the Illinois Constitution.
| ||||||
11 | (b) The following amounts must be remitted to the State | ||||||
12 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| ||||||
13 | (1) 50% of the amounts collected for felony offenses | ||||||
14 | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||||||
15 | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||||||
16 | Animals Act and Section 26-5 of the Criminal Code of
1961;
| ||||||
17 | (2) 20% of the amounts collected for Class A and Class | ||||||
18 | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||||||
19 | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||||||
20 | for Animals Act and Section 26-5 of the Criminal
Code of | ||||||
21 | 1961; and
| ||||||
22 | (3) 50% of the amounts collected for Class C | ||||||
23 | misdemeanors under
Sections 4.01 and 7.1 of the Humane Care | ||||||
24 | for Animals Act and Section 26-5
of the Criminal Code of | ||||||
25 | 1961.
| ||||||
26 | (Source: P.A. 92-454, eff. 1-1-02; 92-650, eff. 7-11-02.)
| ||||||
27 | (705 ILCS 105/27.6)
| ||||||
28 | Sec. 27.6. (a) All fees, fines, costs, additional | ||||||
29 | penalties, bail balances
assessed or forfeited, and any other | ||||||
30 | amount paid by a person to the circuit
clerk equalling an | ||||||
31 | amount of $55 or more, except the additional fee required
by | ||||||
32 | subsections (b) and (c), restitution under Section 5-5-6 of the
| ||||||
33 | Unified Code of Corrections, reimbursement for the costs of an | ||||||
34 | emergency
response as provided under Section 11-501 of the | ||||||
35 | Illinois Vehicle Code
5-5-3 of the Unified Code of Corrections ,
|
| |||||||
| |||||||
1 | any fees collected for attending a traffic safety program under | ||||||
2 | paragraph (c)
of Supreme Court Rule 529, any fee collected on | ||||||
3 | behalf of a State's Attorney
under Section 4-2002 of the | ||||||
4 | Counties Code or a sheriff under Section 4-5001
of the Counties | ||||||
5 | Code, or any cost imposed under Section 124A-5 of the Code of
| ||||||
6 | Criminal Procedure of 1963, for convictions, orders of | ||||||
7 | supervision, or any
other disposition for a violation of | ||||||
8 | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | ||||||
9 | similar provision of a local ordinance, and any
violation of | ||||||
10 | the Child Passenger Protection Act, or a similar provision of a
| ||||||
11 | local ordinance, and except as provided in subsection (d) shall | ||||||
12 | be disbursed
within 60 days after receipt by the circuit
clerk | ||||||
13 | as follows: 44.5% shall be disbursed to the entity authorized | ||||||
14 | by law to
receive the fine imposed in the case; 16.825% shall | ||||||
15 | be disbursed to the State
Treasurer; and 38.675% shall be | ||||||
16 | disbursed to the county's general corporate
fund. Of the | ||||||
17 | 16.825% disbursed to the State Treasurer, 2/17 shall be | ||||||
18 | deposited
by the State Treasurer into the Violent Crime Victims | ||||||
19 | Assistance Fund, 5.052/17
shall be deposited into the Traffic | ||||||
20 | and Criminal Conviction Surcharge Fund,
3/17 shall be deposited | ||||||
21 | into the Drivers Education Fund, and 6.948/17 shall be
| ||||||
22 | deposited into the Trauma Center Fund. Of the 6.948/17 | ||||||
23 | deposited into the
Trauma Center Fund from the 16.825% | ||||||
24 | disbursed to the State Treasurer, 50% shall
be disbursed to the | ||||||
25 | Department of Public Health and 50% shall be disbursed to
the | ||||||
26 | Department of Public Aid. For fiscal year 1993, amounts | ||||||
27 | deposited into
the Violent Crime Victims Assistance Fund, the | ||||||
28 | Traffic and Criminal
Conviction Surcharge Fund, or the Drivers | ||||||
29 | Education Fund shall not exceed 110%
of the amounts deposited | ||||||
30 | into those funds in fiscal year 1991. Any
amount that exceeds | ||||||
31 | the 110% limit shall be distributed as follows: 50%
shall be | ||||||
32 | disbursed to the county's general corporate fund and 50% shall | ||||||
33 | be
disbursed to the entity authorized by law to receive the | ||||||
34 | fine imposed in
the case. Not later than March 1 of each year | ||||||
35 | the circuit clerk
shall submit a report of the amount of funds | ||||||
36 | remitted to the State
Treasurer under this Section during the |
| |||||||
| |||||||
1 | preceding year based upon
independent verification of fines and | ||||||
2 | fees. All counties shall be subject
to this Section, except | ||||||
3 | that counties with a population under 2,000,000
may, by | ||||||
4 | ordinance, elect not to be subject to this Section. For | ||||||
5 | offenses
subject to this Section, judges shall impose one total | ||||||
6 | sum of money payable
for violations. The circuit clerk may add | ||||||
7 | on no additional amounts except
for amounts that are required | ||||||
8 | by Sections 27.3a and 27.3c of
this Act, unless those amounts | ||||||
9 | are specifically waived by the judge. With
respect to money | ||||||
10 | collected by the circuit clerk as a result of
forfeiture of | ||||||
11 | bail, ex parte judgment or guilty plea pursuant to Supreme
| ||||||
12 | Court Rule 529, the circuit clerk shall first deduct and pay | ||||||
13 | amounts
required by Sections 27.3a and 27.3c of this Act. This | ||||||
14 | Section is a denial
and limitation of home rule powers and | ||||||
15 | functions under subsection (h) of
Section 6 of Article VII of | ||||||
16 | the Illinois Constitution.
| ||||||
17 | (b) In addition to any other fines and court costs assessed | ||||||
18 | by the courts,
any person convicted or receiving an order of | ||||||
19 | supervision for driving under
the influence of alcohol or drugs | ||||||
20 | shall pay an additional fee of $100 to the
clerk of the circuit | ||||||
21 | court. This amount, less 2 1/2% that shall be used to
defray | ||||||
22 | administrative costs incurred by the clerk, shall be remitted | ||||||
23 | by the
clerk to the Treasurer within 60 days after receipt for | ||||||
24 | deposit into the Trauma
Center Fund. This additional fee of | ||||||
25 | $100 shall not be considered a part of the
fine for purposes of | ||||||
26 | any reduction in the fine for time served either before or
| ||||||
27 | after sentencing. Not later than March 1 of each year the | ||||||
28 | Circuit Clerk shall
submit a report of the amount of funds | ||||||
29 | remitted to the State Treasurer under
this subsection during | ||||||
30 | the preceding calendar year.
| ||||||
31 | (b-1) In addition to any other fines and court costs | ||||||
32 | assessed by the courts,
any person convicted or receiving an | ||||||
33 | order of supervision for driving under the
influence of alcohol | ||||||
34 | or drugs shall pay an additional fee of $5 to the clerk
of the | ||||||
35 | circuit court. This amount, less
2 1/2% that shall be used to | ||||||
36 | defray administrative costs incurred by the clerk,
shall be |
| |||||||
| |||||||
1 | remitted by the clerk to the Treasurer within 60 days after | ||||||
2 | receipt
for deposit into the Spinal Cord Injury Paralysis Cure | ||||||
3 | Research Trust Fund.
This additional fee of $5 shall not
be | ||||||
4 | considered a part of the fine for purposes of any reduction in | ||||||
5 | the fine for
time served either before or after sentencing. Not | ||||||
6 | later than March 1 of each
year the Circuit Clerk shall submit | ||||||
7 | a report of the amount of funds remitted to
the State Treasurer | ||||||
8 | under this subsection during the preceding calendar
year.
| ||||||
9 | (c) In addition to any other fines and court costs assessed | ||||||
10 | by the courts,
any person convicted for a violation of Sections | ||||||
11 | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or a | ||||||
12 | person sentenced for a violation of the Cannabis
Control Act or | ||||||
13 | the Controlled Substance Act
shall pay an additional fee of | ||||||
14 | $100 to the clerk
of the circuit court. This amount, less
2 | ||||||
15 | 1/2% that shall be used to defray administrative costs incurred | ||||||
16 | by the clerk,
shall be remitted by the clerk to the Treasurer | ||||||
17 | within 60 days after receipt
for deposit into the Trauma Center | ||||||
18 | Fund. This additional fee of $100 shall not
be considered a | ||||||
19 | part of the fine for purposes of any reduction in the fine for
| ||||||
20 | time served either before or after sentencing. Not later than | ||||||
21 | March 1 of each
year the Circuit Clerk shall submit a report of | ||||||
22 | the amount of funds remitted to
the State Treasurer under this | ||||||
23 | subsection during the preceding calendar year.
| ||||||
24 | (c-1) In addition to any other fines and court costs | ||||||
25 | assessed by the
courts, any person sentenced for a violation of | ||||||
26 | the Cannabis Control Act or
the Illinois Controlled Substances | ||||||
27 | Act shall pay an additional fee of $5 to the
clerk of the | ||||||
28 | circuit court. This amount, less 2 1/2% that shall be used to
| ||||||
29 | defray administrative costs incurred by the clerk, shall be | ||||||
30 | remitted by the
clerk to the Treasurer within 60 days after | ||||||
31 | receipt for deposit into the Spinal
Cord Injury Paralysis Cure | ||||||
32 | Research Trust Fund. This additional fee of $5
shall not be | ||||||
33 | considered a part of the fine for purposes of any reduction in | ||||||
34 | the
fine for time served either before or after sentencing. Not | ||||||
35 | later than March 1
of each year the Circuit Clerk shall submit | ||||||
36 | a report of the amount of funds
remitted to the State Treasurer |
| |||||||
| |||||||
1 | under this subsection during the preceding
calendar year.
| ||||||
2 | (d) The following amounts must be remitted to the State | ||||||
3 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| ||||||
4 | (1) 50% of the amounts collected for felony offenses | ||||||
5 | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||||||
6 | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||||||
7 | Animals Act and Section 26-5 of the Criminal Code of
1961;
| ||||||
8 | (2) 20% of the amounts collected for Class A and Class | ||||||
9 | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||||||
10 | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||||||
11 | for Animals Act and Section 26-5 of the Criminal
Code of | ||||||
12 | 1961; and
| ||||||
13 | (3) 50% of the amounts collected for Class C | ||||||
14 | misdemeanors under Sections
4.01 and 7.1 of the Humane Care | ||||||
15 | for Animals Act and Section 26-5 of the
Criminal Code of | ||||||
16 | 1961.
| ||||||
17 | (Source: P.A. 92-431, eff. 1-1-02; 92-454, eff. 1-1-02; 92-650, | ||||||
18 | eff. 7-11-02;
92-651, eff. 7-11-02.)
| ||||||
19 | Section 15. The Unified Code of Corrections is amended by | ||||||
20 | changing
Sections 5-5-3, 5-6-4, 5-6-4.1, and 5-8-7 as follows:
| ||||||
21 | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| ||||||
22 | Sec. 5-5-3. Disposition.
| ||||||
23 | (a) Except as provided in Section 11-501 of the Illinois | ||||||
24 | Vehicle Code,
every person convicted of an offense shall be | ||||||
25 | sentenced as provided
in this Section.
| ||||||
26 | (b) The following options shall be appropriate | ||||||
27 | dispositions, alone
or in combination, for all felonies and | ||||||
28 | misdemeanors other than those
identified in subsection (c) of | ||||||
29 | this Section:
| ||||||
30 | (1) A period of probation.
| ||||||
31 | (2) A term of periodic imprisonment.
| ||||||
32 | (3) A term of conditional discharge.
| ||||||
33 | (4) A term of imprisonment.
| ||||||
34 | (5) An order directing the offender to clean up and |
| |||||||
| |||||||
1 | repair the
damage, if the offender was convicted under | ||||||
2 | paragraph (h) of Section
21-1 of the Criminal Code of 1961 | ||||||
3 | (now repealed) .
| ||||||
4 | (6) A fine.
| ||||||
5 | (7) An order directing the offender to make restitution | ||||||
6 | to the
victim under Section 5-5-6 of this Code.
| ||||||
7 | (8) A sentence of participation in a county impact | ||||||
8 | incarceration
program under Section 5-8-1.2 of this Code.
| ||||||
9 | Whenever an individual is sentenced for an offense based | ||||||
10 | upon an
arrest for a violation of Section 11-501 of the | ||||||
11 | Illinois Vehicle Code, or a
similar provision of a local | ||||||
12 | ordinance, and the professional evaluation
recommends remedial | ||||||
13 | or rehabilitative treatment or education, neither the
| ||||||
14 | treatment nor the education shall be the sole disposition and | ||||||
15 | either or
both may be imposed only in conjunction with another | ||||||
16 | disposition.
The court shall monitor compliance with any | ||||||
17 | remedial education or treatment
recommendations contained in | ||||||
18 | the professional evaluation. Programs
conducting alcohol or | ||||||
19 | other drug evaluation or remedial education must be
licensed by | ||||||
20 | the Department of Human Services. However,
if the individual is | ||||||
21 | not a resident of Illinois, the court may accept an
alcohol or | ||||||
22 | other drug evaluation or remedial education program in the | ||||||
23 | state
of such individual's residence. Programs providing | ||||||
24 | treatment must be
licensed under existing applicable | ||||||
25 | alcoholism and drug treatment licensure
standards.
| ||||||
26 | In addition to any other fine or penalty required by law, | ||||||
27 | any
individual convicted of a violation of Section 11-501 of | ||||||
28 | the Illinois
Vehicle Code, Section 5-7 of the Snowmobile | ||||||
29 | Registration and Safety Act,
Section 5-16 of the Boat | ||||||
30 | Registration and Safety Act, or a similar provision of
local | ||||||
31 | ordinance, whose operation of
a motor vehicle while in | ||||||
32 | violation of Section 11-501, Section 5-7, Section
5-16, or such | ||||||
33 | ordinance
proximately caused an incident resulting in an | ||||||
34 | appropriate emergency
response, shall be required to make | ||||||
35 | restitution to a public agency for the
costs of that emergency | ||||||
36 | response. Such restitution shall not exceed $1,000 per
public |
| |||||||
| |||||||
1 | agency for each such emergency response. For the purpose
of
| ||||||
2 | this paragraph, emergency response shall mean any incident | ||||||
3 | requiring a response
by: a police officer as defined under | ||||||
4 | Section 1-162 of the Illinois Vehicle
Code; a fireman carried | ||||||
5 | on the rolls of a regularly constituted fire
department; and an | ||||||
6 | ambulance as defined under Section 3.85 of the
Emergency | ||||||
7 | Medical Services (EMS) Systems Act.
| ||||||
8 | Neither a fine nor restitution shall be the sole | ||||||
9 | disposition
for a felony and either or both may be imposed only | ||||||
10 | in conjunction with
another disposition.
| ||||||
11 | (c) (1) When a defendant is found guilty of first degree | ||||||
12 | murder the
State may either seek a sentence of imprisonment | ||||||
13 | under Section 5-8-1 of
this Code, or where appropriate seek | ||||||
14 | a sentence of death under Section 9-1
of the Criminal Code | ||||||
15 | of 1961.
| ||||||
16 | (2) A period of probation, a term of periodic | ||||||
17 | imprisonment or
conditional discharge shall not be imposed | ||||||
18 | for the following offenses.
The court shall sentence the | ||||||
19 | offender to not less than the minimum term
of imprisonment | ||||||
20 | set forth in this Code for the following offenses, and
may | ||||||
21 | order a fine or restitution or both in conjunction with | ||||||
22 | such term of
imprisonment:
| ||||||
23 | (A) First degree murder where the death penalty is | ||||||
24 | not imposed.
| ||||||
25 | (B) Attempted first degree murder.
| ||||||
26 | (C) A Class X felony.
| ||||||
27 | (D) A violation of Section 401.1 or 407 of the
| ||||||
28 | Illinois Controlled Substances Act, or a violation of | ||||||
29 | subdivision (c)(1) or
(c)(2) of
Section 401 of that Act | ||||||
30 | which relates to more than 5 grams of a substance
| ||||||
31 | containing heroin or cocaine or an analog thereof.
| ||||||
32 | (E) A violation of Section 5.1 or 9 of the Cannabis | ||||||
33 | Control
Act.
| ||||||
34 | (F) A Class 2 or greater felony if the offender had | ||||||
35 | been convicted
of a Class 2 or greater felony within 10 | ||||||
36 | years of the date on which the
offender
committed the |
| |||||||
| |||||||
1 | offense for which he or she is being sentenced, except | ||||||
2 | as
otherwise provided in Section 40-10 of the | ||||||
3 | Alcoholism and Other Drug Abuse and
Dependency Act.
| ||||||
4 | (G) Residential burglary, except as otherwise | ||||||
5 | provided in Section 40-10
of the Alcoholism and Other | ||||||
6 | Drug Abuse and Dependency Act.
| ||||||
7 | (H) Criminal sexual assault.
| ||||||
8 | (I) Aggravated battery of a senior citizen.
| ||||||
9 | (J) A forcible felony if the offense was related to | ||||||
10 | the activities of an
organized gang.
| ||||||
11 | Before July 1, 1994, for the purposes of this | ||||||
12 | paragraph, "organized
gang" means an association of 5 | ||||||
13 | or more persons, with an established hierarchy,
that | ||||||
14 | encourages members of the association to perpetrate | ||||||
15 | crimes or provides
support to the members of the | ||||||
16 | association who do commit crimes.
| ||||||
17 | Beginning July 1, 1994, for the purposes of this | ||||||
18 | paragraph,
"organized gang" has the meaning ascribed | ||||||
19 | to it in Section 10 of the Illinois
Streetgang | ||||||
20 | Terrorism Omnibus Prevention Act.
| ||||||
21 | (K) Vehicular hijacking.
| ||||||
22 | (L) A second or subsequent conviction for the | ||||||
23 | offense of hate crime
when the underlying offense upon | ||||||
24 | which the hate crime is based is felony
aggravated
| ||||||
25 | assault or felony mob action.
| ||||||
26 | (M) A second or subsequent conviction for the | ||||||
27 | offense of institutional
vandalism if the damage to the | ||||||
28 | property exceeds $300.
| ||||||
29 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
30 | subsection (a) of
Section 2 of the Firearm Owners | ||||||
31 | Identification Card Act.
| ||||||
32 | (O) A violation of Section 12-6.1 of the Criminal | ||||||
33 | Code of 1961.
| ||||||
34 | (P) A violation of paragraph (1), (2), (3), (4), | ||||||
35 | (5), or (7) of
subsection (a)
of Section 11-20.1 of the | ||||||
36 | Criminal Code of 1961.
|
| |||||||
| |||||||
1 | (Q) A violation of Section 20-1.2 or 20-1.3 of the | ||||||
2 | Criminal Code of
1961.
| ||||||
3 | (R) A violation of Section 24-3A of the Criminal | ||||||
4 | Code of
1961.
| ||||||
5 | (S) (Blank).
A violation of Section 11-501(c-1)(3) | ||||||
6 | of the Illinois
Vehicle
Code.
| ||||||
7 | (T) A second or subsequent violation of paragraph | ||||||
8 | (6.6) of subsection
(a), subsection (c-5), or | ||||||
9 | subsection (d-5) of Section 401 of the Illinois
| ||||||
10 | Controlled Substances Act.
| ||||||
11 | (3) (Blank).
A minimum term of imprisonment of not less | ||||||
12 | than 5 days
or 30 days of community service as may be | ||||||
13 | determined by the
court shall
be imposed for a second | ||||||
14 | violation committed within 5 years
of a previous violation | ||||||
15 | of Section 11-501 of the Illinois Vehicle Code or
a similar | ||||||
16 | provision of a local ordinance.
In the case of a third or
| ||||||
17 | subsequent violation committed within 5 years of a previous | ||||||
18 | violation of
Section 11-501 of the Illinois Vehicle Code or | ||||||
19 | a similar provision of a local
ordinance, a minimum term of | ||||||
20 | either 10 days of imprisonment or 60 days of
community | ||||||
21 | service shall be imposed.
| ||||||
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).
A minimum term of 30 consecutive days of
| ||||||
27 | imprisonment,
40 days of 24 hour periodic imprisonment or | ||||||
28 | 720 hours of community
service, as may be determined by the | ||||||
29 | court, shall be imposed for a violation of
Section 11-501 | ||||||
30 | of the Illinois Vehicle Code during a period in which the
| ||||||
31 | defendant's driving privileges are revoked or suspended,
| ||||||
32 | where the revocation or suspension was for a
violation of | ||||||
33 | Section
11-501 or Section 11-501.1 of that Code.
| ||||||
34 | (4.2) Except as provided in paragraph (4.3) of this | ||||||
35 | subsection (c), a
minimum of
100 hours of community service | ||||||
36 | shall be imposed for a second violation of
Section 6-303
of |
| |||||||
| |||||||
1 | the Illinois Vehicle Code.
| ||||||
2 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
3 | hours of community
service, as determined by the court, | ||||||
4 | shall
be imposed for a second violation of subsection (c) | ||||||
5 | of Section 6-303 of the
Illinois Vehicle Code.
| ||||||
6 | (4.4) Except as provided in paragraph (4.5) and | ||||||
7 | paragraph (4.6) of this
subsection (c), a
minimum term of | ||||||
8 | imprisonment of 30 days or 300 hours of community service, | ||||||
9 | as
determined by the court, shall
be imposed
for a third or | ||||||
10 | subsequent violation of Section 6-303 of the Illinois | ||||||
11 | Vehicle
Code.
| ||||||
12 | (4.5) A minimum term of imprisonment of 30 days
shall | ||||||
13 | be imposed for a third violation of subsection (c) of
| ||||||
14 | Section 6-303 of the Illinois Vehicle Code.
| ||||||
15 | (4.6) A minimum term of imprisonment of 180 days shall | ||||||
16 | be imposed for a
fourth or subsequent violation of | ||||||
17 | subsection (c) of Section 6-303 of the
Illinois Vehicle | ||||||
18 | Code.
| ||||||
19 | (5) The court may sentence an offender convicted of a | ||||||
20 | business
offense or a petty offense or a corporation or | ||||||
21 | unincorporated
association convicted of any offense to:
| ||||||
22 | (A) a period of conditional discharge;
| ||||||
23 | (B) a fine;
| ||||||
24 | (C) make restitution to the victim under Section | ||||||
25 | 5-5-6 of this Code.
| ||||||
26 | (5.1) In addition to any penalties imposed under | ||||||
27 | paragraph (5) of this
subsection (c), and except as | ||||||
28 | provided in paragraph (5.2) or (5.3), a person
convicted of | ||||||
29 | violating subsection (c) of Section 11-907 of the Illinois
| ||||||
30 | Vehicle Code shall have his or her driver's license, | ||||||
31 | permit, or privileges
suspended for at least 90 days but | ||||||
32 | not more than one year, if the violation
resulted in damage | ||||||
33 | to the property of another person.
| ||||||
34 | (5.2) In addition to any penalties imposed under | ||||||
35 | paragraph (5) of this
subsection (c), and except as | ||||||
36 | provided in paragraph (5.3), a person convicted
of |
| |||||||
| |||||||
1 | violating subsection (c) of Section 11-907 of the Illinois | ||||||
2 | Vehicle Code
shall have his or her driver's license, | ||||||
3 | permit, or privileges suspended for at
least 180 days but | ||||||
4 | not more than 2 years, if the violation resulted in injury
| ||||||
5 | to
another person.
| ||||||
6 | (5.3) In addition to any penalties imposed under | ||||||
7 | paragraph (5) of
this
subsection (c), a person convicted of | ||||||
8 | violating subsection (c) of Section
11-907 of the Illinois | ||||||
9 | Vehicle Code shall have his or her driver's license,
| ||||||
10 | permit, or privileges suspended for 2 years, if the | ||||||
11 | violation resulted in the
death of another person.
| ||||||
12 | (6) In no case shall an offender be eligible for a | ||||||
13 | disposition of
probation or conditional discharge for a | ||||||
14 | Class 1 felony committed while
he was serving a term of | ||||||
15 | probation or conditional discharge for a felony.
| ||||||
16 | (7) When a defendant is adjudged a habitual criminal | ||||||
17 | under Article
33B of the Criminal Code of 1961, the court | ||||||
18 | shall sentence
the defendant to a term of natural life | ||||||
19 | imprisonment.
| ||||||
20 | (8) When a defendant, over the age of 21 years, is | ||||||
21 | convicted of a
Class 1 or Class 2 felony, after having | ||||||
22 | twice been convicted
in any state or
federal court of an | ||||||
23 | offense that contains the same elements as an offense now
| ||||||
24 | classified in Illinois as a Class 2 or greater Class felony
| ||||||
25 | and such charges are
separately brought and tried and arise | ||||||
26 | out of different series of acts,
such defendant shall be | ||||||
27 | sentenced as a Class X offender. This paragraph
shall not | ||||||
28 | apply unless (1) the first felony was committed after the
| ||||||
29 | effective date of this amendatory Act of 1977; and (2) the | ||||||
30 | second felony
was committed after conviction on the first; | ||||||
31 | and (3) the third felony
was committed after conviction on | ||||||
32 | the second.
A person sentenced as a Class X offender under | ||||||
33 | this paragraph is not
eligible to apply for treatment as a | ||||||
34 | condition of probation as provided by
Section 40-10 of the | ||||||
35 | Alcoholism and Other Drug Abuse and Dependency Act.
| ||||||
36 | (9) A defendant convicted of a second or subsequent |
| |||||||
| |||||||
1 | offense of ritualized
abuse of a child may be sentenced to | ||||||
2 | a term of natural life imprisonment.
| ||||||
3 | (10) (Blank).
When a person is convicted of violating | ||||||
4 | Section 11-501
of the
Illinois
Vehicle Code or a similar | ||||||
5 | provision of a local ordinance, the following
penalties | ||||||
6 | apply when his or her blood,
breath, or urine was .16 or | ||||||
7 | more based on the definition of blood, breath, or
urine | ||||||
8 | units in
Section 11-501.2
or that person is convicted of | ||||||
9 | violating Section 11-501 of the Illinois Vehicle
Code while
| ||||||
10 | transporting a child under the age of 16:
| ||||||
11 | (A) For a first violation of subsection (a) of | ||||||
12 | Section 11-501, in
addition to any other penalty that | ||||||
13 | may be imposed under subsection (c) of
Section 11-501: | ||||||
14 | a
mandatory
minimum of
100 hours of community
service | ||||||
15 | and a minimum fine of
$500.
| ||||||
16 | (B) For a second violation of subsection (a) of | ||||||
17 | Section 11-501, in
addition to any other penalty that | ||||||
18 | may be imposed under subsection (c) of
Section 11-501 | ||||||
19 | within 10
years: a
mandatory minimum of 2
days of | ||||||
20 | imprisonment
and a minimum fine of $1,250.
| ||||||
21 | (C) For a third violation of subsection (a) of | ||||||
22 | Section 11-501, in
addition to any other penalty that | ||||||
23 | may be imposed under subsection (c) of
Section 11-501 | ||||||
24 | within 20
years: a
mandatory
minimum of 90 days of | ||||||
25 | imprisonment and a minimum
fine of $2,500.
| ||||||
26 | (D) For a fourth or subsequent violation of | ||||||
27 | subsection (a) of Section
11-501: ineligibility for a | ||||||
28 | sentence
of probation or conditional discharge and a | ||||||
29 | minimum
fine of $2,500.
| ||||||
30 | (d) In any case in which a sentence originally imposed is | ||||||
31 | vacated,
the case shall be remanded to the trial court. The | ||||||
32 | trial court shall
hold a hearing under Section 5-4-1 of the | ||||||
33 | Unified Code of Corrections
which may include evidence of the | ||||||
34 | defendant's life, moral character and
occupation during the | ||||||
35 | time since the original sentence was passed. The
trial court | ||||||
36 | shall then impose sentence upon the defendant. The trial
court |
| |||||||
| |||||||
1 | may impose any sentence which could have been imposed at the
| ||||||
2 | original trial subject to Section 5-5-4 of the Unified Code of | ||||||
3 | Corrections.
If a sentence is vacated on appeal or on | ||||||
4 | collateral attack due to the
failure of the trier of fact at | ||||||
5 | trial to determine beyond a reasonable doubt
the
existence of a | ||||||
6 | fact (other than a prior conviction) necessary to increase the
| ||||||
7 | punishment for the offense beyond the statutory maximum | ||||||
8 | otherwise applicable,
either the defendant may be re-sentenced | ||||||
9 | to a term within the range otherwise
provided or, if the State | ||||||
10 | files notice of its intention to again seek the
extended | ||||||
11 | sentence, the defendant shall be afforded a new trial.
| ||||||
12 | (e) In cases where prosecution for
aggravated criminal | ||||||
13 | sexual abuse under Section 12-16 of the
Criminal Code of 1961 | ||||||
14 | results in conviction of a defendant
who was a family member of | ||||||
15 | the victim at the time of the commission of the
offense, the | ||||||
16 | court shall consider the safety and welfare of the victim and
| ||||||
17 | may impose a sentence of probation only where:
| ||||||
18 | (1) the court finds (A) or (B) or both are appropriate:
| ||||||
19 | (A) the defendant is willing to undergo a court | ||||||
20 | approved counseling
program for a minimum duration of 2 | ||||||
21 | years; or
| ||||||
22 | (B) the defendant is willing to participate in a | ||||||
23 | court approved plan
including but not limited to the | ||||||
24 | defendant's:
| ||||||
25 | (i) removal from the household;
| ||||||
26 | (ii) restricted contact with the victim;
| ||||||
27 | (iii) continued financial support of the | ||||||
28 | family;
| ||||||
29 | (iv) restitution for harm done to the victim; | ||||||
30 | and
| ||||||
31 | (v) compliance with any other measures that | ||||||
32 | the court may
deem appropriate; and
| ||||||
33 | (2) the court orders the defendant to pay for the | ||||||
34 | victim's counseling
services, to the extent that the court | ||||||
35 | finds, after considering the
defendant's income and | ||||||
36 | assets, that the defendant is financially capable of
paying |
| |||||||
| |||||||
1 | for such services, if the victim was under 18 years of age | ||||||
2 | at the
time the offense was committed and requires | ||||||
3 | counseling as a result of the
offense.
| ||||||
4 | Probation may be revoked or modified pursuant to Section | ||||||
5 | 5-6-4; except
where the court determines at the hearing that | ||||||
6 | the defendant violated a
condition of his or her probation | ||||||
7 | restricting contact with the victim or
other family members or | ||||||
8 | commits another offense with the victim or other
family | ||||||
9 | members, the court shall revoke the defendant's probation and
| ||||||
10 | impose a term of imprisonment.
| ||||||
11 | For the purposes of this Section, "family member" and | ||||||
12 | "victim" shall have
the meanings ascribed to them in Section | ||||||
13 | 12-12 of the Criminal Code of
1961.
| ||||||
14 | (f) This Article shall not deprive a court in other | ||||||
15 | proceedings to
order a forfeiture of property, to suspend or | ||||||
16 | cancel a license, to
remove a person from office, or to impose | ||||||
17 | any other civil penalty.
| ||||||
18 | (g) Whenever a defendant is convicted of an offense under | ||||||
19 | Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | ||||||
20 | 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 | ||||||
21 | of the Criminal Code of 1961,
the defendant shall undergo | ||||||
22 | medical testing to
determine whether the defendant has any | ||||||
23 | sexually transmissible disease,
including a test for infection | ||||||
24 | with human immunodeficiency virus (HIV) or
any other identified | ||||||
25 | causative agent of acquired immunodeficiency syndrome
(AIDS). | ||||||
26 | Any such medical test shall be performed only by appropriately
| ||||||
27 | licensed medical practitioners and may include an analysis of | ||||||
28 | any bodily
fluids as well as an examination of the defendant's | ||||||
29 | person.
Except as otherwise provided by law, the results of | ||||||
30 | such test shall be kept
strictly confidential by all medical | ||||||
31 | personnel involved in the testing and must
be personally | ||||||
32 | delivered in a sealed envelope to the judge of the court in | ||||||
33 | which
the conviction was entered for the judge's inspection in | ||||||
34 | camera. Acting in
accordance with the best interests of the | ||||||
35 | victim and the public, the judge
shall have the discretion to | ||||||
36 | determine to whom, if anyone, the results of the
testing may be |
| |||||||
| |||||||
1 | revealed. The court shall notify the defendant
of the test | ||||||
2 | results. The court shall
also notify the victim if requested by | ||||||
3 | the victim, and if the victim is under
the age of 15 and if | ||||||
4 | requested by the victim's parents or legal guardian, the
court | ||||||
5 | shall notify the victim's parents or legal guardian of the test
| ||||||
6 | results.
The court shall provide information on the | ||||||
7 | availability of HIV testing
and counseling at Department of | ||||||
8 | Public Health facilities to all parties to
whom the results of | ||||||
9 | the testing are revealed and shall direct the State's
Attorney | ||||||
10 | to provide the information to the victim when possible.
A | ||||||
11 | State's Attorney may petition the court to obtain the results | ||||||
12 | of any HIV test
administered under this Section, and the court | ||||||
13 | shall grant the disclosure if
the State's Attorney shows it is | ||||||
14 | relevant in order to prosecute a charge of
criminal | ||||||
15 | transmission of HIV under Section 12-16.2 of the Criminal Code | ||||||
16 | of 1961
against the defendant. The court shall order that the | ||||||
17 | cost of any such test
shall be paid by the county and may be | ||||||
18 | taxed as costs against the convicted
defendant.
| ||||||
19 | (g-5) When an inmate is tested for an airborne communicable | ||||||
20 | disease, as
determined by the Illinois Department of Public | ||||||
21 | Health including but not
limited to tuberculosis, the results | ||||||
22 | of the test shall be
personally delivered by the warden or his | ||||||
23 | or her designee in a sealed envelope
to the judge of the court | ||||||
24 | in which the inmate must appear for the judge's
inspection in | ||||||
25 | camera if requested by the judge. Acting in accordance with the
| ||||||
26 | best interests of those in the courtroom, the judge shall have | ||||||
27 | the discretion
to determine what if any precautions need to be | ||||||
28 | taken to prevent transmission
of the disease in the courtroom.
| ||||||
29 | (h) Whenever a defendant is convicted of an offense under | ||||||
30 | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||||||
31 | defendant shall undergo
medical testing to determine whether | ||||||
32 | the defendant has been exposed to human
immunodeficiency virus | ||||||
33 | (HIV) or any other identified causative agent of
acquired | ||||||
34 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
35 | by
law, the results of such test shall be kept strictly | ||||||
36 | confidential by all
medical personnel involved in the testing |
| |||||||
| |||||||
1 | and must be personally delivered in a
sealed envelope to the | ||||||
2 | judge of the court in which the conviction was entered
for the | ||||||
3 | judge's inspection in camera. Acting in accordance with the | ||||||
4 | best
interests of the public, the judge shall have the | ||||||
5 | discretion to determine to
whom, if anyone, the results of the | ||||||
6 | testing may be revealed. The court shall
notify the defendant | ||||||
7 | of a positive test showing an infection with the human
| ||||||
8 | immunodeficiency virus (HIV). The court shall provide | ||||||
9 | information on the
availability of HIV testing and counseling | ||||||
10 | at Department of Public Health
facilities to all parties to | ||||||
11 | whom the results of the testing are revealed and
shall direct | ||||||
12 | the State's Attorney to provide the information to the victim | ||||||
13 | when
possible. A State's Attorney may petition the court to | ||||||
14 | obtain the results of
any HIV test administered under this | ||||||
15 | Section, and the court shall grant the
disclosure if the | ||||||
16 | State's Attorney shows it is relevant in order to prosecute a
| ||||||
17 | charge of criminal transmission of HIV under Section 12-16.2 of | ||||||
18 | the Criminal
Code of 1961 against the defendant. The court | ||||||
19 | shall order that the cost of any
such test shall be paid by the | ||||||
20 | county and may be taxed as costs against the
convicted | ||||||
21 | defendant.
| ||||||
22 | (i) All fines and penalties imposed under this Section for | ||||||
23 | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
24 | Vehicle Code, or a similar
provision of a local ordinance, and | ||||||
25 | any violation
of the Child Passenger Protection Act, or a | ||||||
26 | similar provision of a local
ordinance, shall be collected and | ||||||
27 | disbursed by the circuit
clerk as provided under Section 27.5 | ||||||
28 | of the Clerks of Courts Act.
| ||||||
29 | (j) In cases when prosecution for any violation of Section | ||||||
30 | 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, | ||||||
31 | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
32 | 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal | ||||||
33 | Code of 1961, any violation of the Illinois Controlled | ||||||
34 | Substances Act,
or any violation of the Cannabis Control Act | ||||||
35 | results in conviction, a
disposition of court supervision, or | ||||||
36 | an order of probation granted under
Section 10 of the Cannabis |
| |||||||
| |||||||
1 | Control Act or Section 410 of the Illinois
Controlled Substance | ||||||
2 | Act of a defendant, the court shall determine whether the
| ||||||
3 | defendant is employed by a facility or center as defined under | ||||||
4 | the Child Care
Act of 1969, a public or private elementary or | ||||||
5 | secondary school, or otherwise
works with children under 18 | ||||||
6 | years of age on a daily basis. When a defendant
is so employed, | ||||||
7 | the court shall order the Clerk of the Court to send a copy of
| ||||||
8 | the judgment of conviction or order of supervision or probation | ||||||
9 | to the
defendant's employer by certified mail.
If the employer | ||||||
10 | of the defendant is a school, the Clerk of the Court shall
| ||||||
11 | direct the mailing of a copy of the judgment of conviction or | ||||||
12 | order of
supervision or probation to the appropriate regional | ||||||
13 | superintendent of schools.
The regional superintendent of | ||||||
14 | schools shall notify the State Board of
Education of any | ||||||
15 | notification under this subsection.
| ||||||
16 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
17 | of a felony and
who has not been previously convicted of a | ||||||
18 | misdemeanor or felony and who is
sentenced to a term of | ||||||
19 | imprisonment in the Illinois Department of Corrections
shall as | ||||||
20 | a condition of his or her sentence be required by the court to | ||||||
21 | attend
educational courses designed to prepare the defendant | ||||||
22 | for a high school diploma
and to work toward a high school | ||||||
23 | diploma or to work toward passing the high
school level Test of | ||||||
24 | General Educational Development (GED) or to work toward
| ||||||
25 | completing a vocational training program offered by the | ||||||
26 | Department of
Corrections. If a defendant fails to complete the | ||||||
27 | educational training
required by his or her sentence during the | ||||||
28 | term of incarceration, the Prisoner
Review Board shall, as a | ||||||
29 | condition of mandatory supervised release, require the
| ||||||
30 | defendant, at his or her own expense, to pursue a course of | ||||||
31 | study toward a high
school diploma or passage of the GED test. | ||||||
32 | The Prisoner Review Board shall
revoke the mandatory supervised | ||||||
33 | release of a defendant who wilfully fails to
comply with this | ||||||
34 | subsection (j-5) upon his or her release from confinement in a
| ||||||
35 | penal institution while serving a mandatory supervised release | ||||||
36 | term; however,
the inability of the defendant after making a |
| |||||||
| |||||||
1 | good faith effort to obtain
financial aid or pay for the | ||||||
2 | educational training shall not be deemed a wilful
failure to | ||||||
3 | comply. The Prisoner Review Board shall recommit the defendant
| ||||||
4 | whose mandatory supervised release term has been revoked under | ||||||
5 | this subsection
(j-5) as provided in Section 3-3-9. This | ||||||
6 | subsection (j-5) does not apply to a
defendant who has a high | ||||||
7 | school diploma or has successfully passed the GED
test. This | ||||||
8 | subsection (j-5) does not apply to a defendant who is | ||||||
9 | determined by
the court to be developmentally disabled or | ||||||
10 | otherwise mentally incapable of
completing the educational or | ||||||
11 | vocational program.
| ||||||
12 | (k) A court may not impose a sentence or disposition for a
| ||||||
13 | felony or misdemeanor that requires the defendant to be | ||||||
14 | implanted or injected
with or to use any form of birth control.
| ||||||
15 | (l) (A) Except as provided
in paragraph (C) of subsection | ||||||
16 | (l), whenever a defendant,
who is an alien as defined by | ||||||
17 | the Immigration and Nationality Act, is convicted
of any | ||||||
18 | felony or misdemeanor offense, the court after sentencing | ||||||
19 | the defendant
may, upon motion of the State's Attorney, | ||||||
20 | hold sentence in abeyance and remand
the defendant to the | ||||||
21 | custody of the Attorney General of
the United States or his | ||||||
22 | or her designated agent to be deported when:
| ||||||
23 | (1) a final order of deportation has been issued | ||||||
24 | against the defendant
pursuant to proceedings under | ||||||
25 | the Immigration and Nationality Act, and
| ||||||
26 | (2) the deportation of the defendant would not | ||||||
27 | deprecate the seriousness
of the defendant's conduct | ||||||
28 | and would not be inconsistent with the ends of
justice.
| ||||||
29 | Otherwise, the defendant shall be sentenced as | ||||||
30 | provided in this Chapter V.
| ||||||
31 | (B) If the defendant has already been sentenced for a | ||||||
32 | felony or
misdemeanor
offense, or has been placed on | ||||||
33 | probation under Section 10 of the Cannabis
Control Act or | ||||||
34 | Section 410 of the Illinois Controlled Substances Act, the | ||||||
35 | court
may, upon motion of the State's Attorney to suspend | ||||||
36 | the
sentence imposed, commit the defendant to the custody |
| |||||||
| |||||||
1 | of the Attorney General
of the United States or his or her | ||||||
2 | designated agent when:
| ||||||
3 | (1) a final order of deportation has been issued | ||||||
4 | against the defendant
pursuant to proceedings under | ||||||
5 | the Immigration and Nationality Act, and
| ||||||
6 | (2) the deportation of the defendant would not | ||||||
7 | deprecate the seriousness
of the defendant's conduct | ||||||
8 | and would not be inconsistent with the ends of
justice.
| ||||||
9 | (C) This subsection (l) does not apply to offenders who | ||||||
10 | are subject to the
provisions of paragraph (2) of | ||||||
11 | subsection (a) of Section 3-6-3.
| ||||||
12 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
13 | sentenced under
this Section returns to the jurisdiction of | ||||||
14 | the United States, the defendant
shall be recommitted to | ||||||
15 | the custody of the county from which he or she was
| ||||||
16 | sentenced.
Thereafter, the defendant shall be brought | ||||||
17 | before the sentencing court, which
may impose any sentence | ||||||
18 | that was available under Section 5-5-3 at the time of
| ||||||
19 | initial sentencing. In addition, the defendant shall not be | ||||||
20 | eligible for
additional good conduct credit for | ||||||
21 | meritorious service as provided under
Section 3-6-6.
| ||||||
22 | (m) A person convicted of criminal defacement of property | ||||||
23 | under Section
21-1.3 of the Criminal Code of 1961, in which the | ||||||
24 | property damage exceeds $300
and the property damaged is a | ||||||
25 | school building, shall be ordered to perform
community service | ||||||
26 | that may include cleanup, removal, or painting over the
| ||||||
27 | defacement.
| ||||||
28 | (n) The court may sentence a person convicted of a | ||||||
29 | violation of Section
12-19, 12-21, or 16-1.3 of the Criminal | ||||||
30 | Code of 1961 (i) to an impact
incarceration program if the | ||||||
31 | person is otherwise eligible for that program
under Section | ||||||
32 | 5-8-1.1, (ii) to community service, or (iii) if the person is | ||||||
33 | an
addict or alcoholic, as defined in the Alcoholism and Other | ||||||
34 | Drug Abuse and
Dependency Act, to a substance or alcohol abuse | ||||||
35 | program licensed under that
Act.
| ||||||
36 | (Source: P.A. 92-183, eff. 7-27-01; 92-248, eff. 8-3-01; |
| |||||||
| |||||||
1 | 92-283, eff.
1-1-02; 92-340, eff. 8-10-01; 92-418, eff. | ||||||
2 | 8-17-01; 92-422, eff. 8-17-01;
92-651, eff. 7-11-02; 92-698, | ||||||
3 | eff. 7-19-02; 93-44, eff. 7-1-03; 93-156, eff.
1-1-04; 93-169, | ||||||
4 | eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04;
93-546, | ||||||
5 | eff. 1-1-04; revised 10-9-03.)
| ||||||
6 | (730 ILCS 5/5-6-4) (from Ch. 38, par. 1005-6-4)
| ||||||
7 | Sec. 5-6-4. Violation, Modification or Revocation of | ||||||
8 | Probation, of
Conditional Discharge or Supervision or of a | ||||||
9 | sentence of county impact
incarceration - Hearing.
| ||||||
10 | (a) Except in cases where
conditional discharge or | ||||||
11 | supervision was imposed for a petty offense as
defined in | ||||||
12 | Section 5-1-17, when a petition is filed charging a violation | ||||||
13 | of
a condition, the court may:
| ||||||
14 | (1) in the case of probation violations, order the | ||||||
15 | issuance of a notice
to the offender to be present by the | ||||||
16 | County Probation Department or such
other agency | ||||||
17 | designated by the court to handle probation matters; and in
| ||||||
18 | the case of conditional discharge or supervision | ||||||
19 | violations, such notice
to the offender shall be issued by | ||||||
20 | the Circuit Court Clerk;
and in the case of a violation of | ||||||
21 | a sentence of county impact incarceration,
such notice | ||||||
22 | shall be issued by the Sheriff;
| ||||||
23 | (2) order a summons to the offender to be present for | ||||||
24 | hearing; or
| ||||||
25 | (3) order a warrant for the offender's arrest where | ||||||
26 | there is danger of
his fleeing the jurisdiction or causing | ||||||
27 | serious harm to others or when the
offender fails to answer | ||||||
28 | a summons or notice from the clerk of the court or
Sheriff.
| ||||||
29 | Personal service of the petition for violation of probation | ||||||
30 | or
the issuance of such warrant, summons or notice shall toll | ||||||
31 | the period of
probation, conditional discharge, supervision, | ||||||
32 | or sentence of
county impact incarceration until
the final | ||||||
33 | determination of the charge, and the term of probation,
| ||||||
34 | conditional discharge, supervision, or sentence of county | ||||||
35 | impact
incarceration shall not run until the hearing and
|
| |||||||
| |||||||
1 | disposition of the petition for violation.
| ||||||
2 | (b) The court shall conduct a hearing of the alleged | ||||||
3 | violation. The
court shall admit the offender to bail pending | ||||||
4 | the hearing unless the
alleged violation is itself a criminal | ||||||
5 | offense in which case the
offender shall be admitted to bail on | ||||||
6 | such terms as are provided in the
Code of Criminal Procedure of | ||||||
7 | 1963, as amended. In any case where an
offender remains | ||||||
8 | incarcerated only as a result of his alleged violation of
the | ||||||
9 | court's earlier order of probation, supervision, conditional
| ||||||
10 | discharge, or county impact incarceration such hearing shall be | ||||||
11 | held within
14 days of the onset of
said incarceration, unless | ||||||
12 | the alleged violation is the commission of
another offense by | ||||||
13 | the offender during the period of probation, supervision
or | ||||||
14 | conditional discharge in which case such hearing shall be held | ||||||
15 | within
the time limits described in Section 103-5 of the Code | ||||||
16 | of Criminal
Procedure of 1963, as amended.
| ||||||
17 | (c) The State has the burden of going forward with the | ||||||
18 | evidence and
proving the violation by the preponderance of the | ||||||
19 | evidence. The evidence
shall be presented in open court with | ||||||
20 | the right of confrontation,
cross-examination, and | ||||||
21 | representation by counsel.
| ||||||
22 | (d) Probation, conditional discharge, periodic | ||||||
23 | imprisonment and
supervision shall not be revoked for failure | ||||||
24 | to comply with conditions
of a sentence or supervision, which | ||||||
25 | imposes financial obligations upon the
offender unless such | ||||||
26 | failure is due to his willful refusal to pay.
| ||||||
27 | (e) If the court finds that the offender has violated a | ||||||
28 | condition at
any time prior to the expiration or termination of | ||||||
29 | the period, it may
continue him on the existing sentence, with | ||||||
30 | or without modifying or
enlarging the conditions, or may impose | ||||||
31 | any other sentence that was
available under Section 5-5-3 of | ||||||
32 | this Code or Section 11-501 of the Illinois
Vehicle Code at the | ||||||
33 | time of initial sentencing.
If the court finds that the person | ||||||
34 | has failed to successfully complete his or
her sentence to a | ||||||
35 | county impact incarceration program, the court may impose any
| ||||||
36 | other sentence that was available under Section 5-5-3 of this |
| |||||||
| |||||||
1 | Code or Section
11-501 of the Illinois Vehicle Code at the time | ||||||
2 | of initial
sentencing,
except for a sentence of probation or | ||||||
3 | conditional discharge.
| ||||||
4 | (f) The conditions of probation, of conditional discharge, | ||||||
5 | of
supervision, or of a sentence of county impact incarceration | ||||||
6 | may be
modified by the court on motion of the supervising | ||||||
7 | agency or on its own motion
or at the request of the offender | ||||||
8 | after
notice and a hearing.
| ||||||
9 | (g) A judgment revoking supervision, probation, | ||||||
10 | conditional
discharge, or a sentence of county impact | ||||||
11 | incarceration is a final
appealable order.
| ||||||
12 | (h) Resentencing after revocation of probation, | ||||||
13 | conditional
discharge, supervision, or a sentence of county | ||||||
14 | impact
incarceration shall be under Article 4. Time served on
| ||||||
15 | probation, conditional discharge or supervision shall not be | ||||||
16 | credited by
the court against a sentence of imprisonment or | ||||||
17 | periodic imprisonment
unless the court orders otherwise.
| ||||||
18 | (i) Instead of filing a violation of probation, conditional | ||||||
19 | discharge,
supervision, or a sentence of county impact | ||||||
20 | incarceration, an agent or
employee of the
supervising agency | ||||||
21 | with the concurrence of his or
her
supervisor may serve on the | ||||||
22 | defendant a Notice of Intermediate Sanctions.
The
Notice shall | ||||||
23 | contain the technical violation or violations involved, the | ||||||
24 | date
or dates of the violation or violations, and the | ||||||
25 | intermediate sanctions to be
imposed. Upon receipt of the | ||||||
26 | Notice, the defendant shall immediately accept or
reject the | ||||||
27 | intermediate sanctions. If the sanctions are accepted, they | ||||||
28 | shall
be imposed immediately. If the intermediate sanctions are | ||||||
29 | rejected or the
defendant does not respond to the Notice, a | ||||||
30 | violation of probation, conditional
discharge, supervision, or | ||||||
31 | a sentence of county impact incarceration
shall be immediately | ||||||
32 | filed with the court. The
State's Attorney and the sentencing | ||||||
33 | court shall be notified of the Notice of
Sanctions. Upon | ||||||
34 | successful completion of the intermediate sanctions, a court
| ||||||
35 | may not revoke probation, conditional discharge, supervision, | ||||||
36 | or a
sentence of county impact incarceration or impose
|
| |||||||
| |||||||
1 | additional sanctions for the same violation.
A notice of | ||||||
2 | intermediate sanctions may not be issued for any violation of
| ||||||
3 | probation, conditional discharge, supervision, or a sentence | ||||||
4 | of county
impact incarceration which could warrant an
| ||||||
5 | additional, separate felony charge.
The intermediate sanctions | ||||||
6 | shall include a term of home detention as provided
in Article | ||||||
7 | 8A of Chapter V of this Code for multiple or repeat violations | ||||||
8 | of
the terms and conditions of a sentence of probation, | ||||||
9 | conditional discharge, or
supervision.
| ||||||
10 | (Source: P.A. 89-198, eff. 7-21-95; 89-587, eff. 7-31-96; | ||||||
11 | 89-647, eff.
1-1-97; 90-14, eff. 7-1-97.)
| ||||||
12 | (730 ILCS 5/5-6-4.1) (from Ch. 38, par. 1005-6-4.1)
| ||||||
13 | Sec. 5-6-4.1. Violation, Modification or Revocation of
| ||||||
14 | Conditional Discharge or Supervision - Hearing.)
(a) In cases | ||||||
15 | where a defendant was placed upon supervision or conditional
| ||||||
16 | discharge for the commission of a petty offense, upon the oral | ||||||
17 | or written
motion of the State, or on the court's own motion, | ||||||
18 | which charges that a
violation of a condition of that | ||||||
19 | conditional discharge or supervision has
occurred, the court | ||||||
20 | may:
| ||||||
21 | (1) Conduct a hearing instanter if the offender is present | ||||||
22 | in court;
| ||||||
23 | (2) Order the issuance by the court clerk of a notice to | ||||||
24 | the offender
to be present for a hearing for violation;
| ||||||
25 | (3) Order summons to the offender to be present; or
| ||||||
26 | (4) Order a warrant for the offender's arrest.
| ||||||
27 | The oral motion, if the defendant is present, or the | ||||||
28 | issuance of such warrant,
summons or notice shall toll the | ||||||
29 | period of conditional discharge or supervision
until the final | ||||||
30 | determination of the charge, and the term of conditional
| ||||||
31 | discharge or supervision shall not run until the hearing and | ||||||
32 | disposition
of the petition for violation.
| ||||||
33 | (b) The Court shall admit the offender to bail pending the | ||||||
34 | hearing.
| ||||||
35 | (c) The State has the burden of going forward with the |
| |||||||
| |||||||
1 | evidence and
proving the violation by the preponderance of the | ||||||
2 | evidence. The evidence
shall be presented in open court with | ||||||
3 | the right of confrontation,
cross-examination, and | ||||||
4 | representation by counsel.
| ||||||
5 | (d) Conditional discharge or supervision shall not be | ||||||
6 | revoked for failure
to comply with the conditions of the | ||||||
7 | discharge or supervision which imposed
financial obligations | ||||||
8 | upon the offender unless such failure is due to his
wilful | ||||||
9 | refusal to pay.
| ||||||
10 | (e) If the court finds that the offender has violated a | ||||||
11 | condition at
any time prior to the expiration or termination of | ||||||
12 | the period, it may
continue him on the existing sentence or | ||||||
13 | supervision with or without modifying
or
enlarging the | ||||||
14 | conditions, or may impose any other sentence that was
available | ||||||
15 | under Section 5-5-3 of this Code or Section 11-501 of the | ||||||
16 | Illinois
Vehicle Code at the time of initial sentencing.
| ||||||
17 | (f) The conditions of conditional discharge and of
| ||||||
18 | supervision may be modified by the court on motion of the | ||||||
19 | probation
officer or on its own motion or at the request of the | ||||||
20 | offender after
notice to the defendant and a hearing.
| ||||||
21 | (g) A judgment revoking supervision is a final appealable | ||||||
22 | order.
| ||||||
23 | (h) Resentencing after revocation of conditional
discharge | ||||||
24 | or of supervision shall be under Article 4. Time served on
| ||||||
25 | conditional discharge or supervision shall be credited by
the | ||||||
26 | court against a sentence of imprisonment or periodic | ||||||
27 | imprisonment
unless the court orders otherwise.
| ||||||
28 | (Source: P.A. 81-815.)
| ||||||
29 | (730 ILCS 5/5-8-7) (from Ch. 38, par. 1005-8-7)
| ||||||
30 | Sec. 5-8-7. Calculation of Term of Imprisonment.
| ||||||
31 | (a) A sentence of imprisonment shall commence on the date | ||||||
32 | on which
the offender is received by the Department or the | ||||||
33 | institution at which
the sentence is to be served.
| ||||||
34 | (b) The offender shall be given credit on the determinate
| ||||||
35 | sentence or maximum term and the
minimum period of imprisonment |
| |||||||
| |||||||
1 | for time spent in custody as a
result of the offense for which | ||||||
2 | the sentence was imposed, at
the rate specified in Section | ||||||
3 | 3-6-3 of this Code.
Except when prohibited by subsection (d),
| ||||||
4 | the trial court may give credit to the defendant for time spent | ||||||
5 | in home
detention, or when the defendant has been confined for | ||||||
6 | psychiatric or substance
abuse treatment prior to judgment, if | ||||||
7 | the court finds that the detention or
confinement was | ||||||
8 | custodial.
| ||||||
9 | (c) An offender arrested on one charge and prosecuted on | ||||||
10 | another
charge for conduct which occurred prior to his arrest | ||||||
11 | shall be given
credit on the determinate sentence or maximum | ||||||
12 | term and the minimum
term of imprisonment for time spent in | ||||||
13 | custody under the former
charge not credited against another | ||||||
14 | sentence.
| ||||||
15 | (d) An offender sentenced to a term of imprisonment for an | ||||||
16 | offense listed
in paragraph (2) of subsection (c) of Section | ||||||
17 | 5-5-3 of this Code or in
paragraph (3) of subsection (c-1) of | ||||||
18 | Section 11-501 of the Illinois Vehicle
Code shall not
receive | ||||||
19 | credit for time spent in home detention prior to
judgment.
| ||||||
20 | (Source: P.A. 88-119; 89-647, eff. 1-1-97.)
|