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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||||
4 | Section 5. The Illinois Vehicle Code is amended by changing | |||||||||||||||||||||||
5 | Section 16-104d as follows: | |||||||||||||||||||||||
6 | (625 ILCS 5/16-104d) | |||||||||||||||||||||||
7 | Sec. 16-104d. Additional fee; serious traffic violation. | |||||||||||||||||||||||
8 | Any person who is convicted of, pleads guilty to, or is placed | |||||||||||||||||||||||
9 | on supervision for a serious traffic violation, as defined in | |||||||||||||||||||||||
10 | Section 1-187.001 of this Code, a violation of Section 11-501 | |||||||||||||||||||||||
11 | of this Code, or a violation of a similar provision of a local | |||||||||||||||||||||||
12 | ordinance shall pay an additional fee of $35. Of that fee, $15 | |||||||||||||||||||||||
13 | shall be deposited into the Fire Prevention Fund in the State | |||||||||||||||||||||||
14 | treasury, $15 shall be deposited into the Fire Truck Revolving | |||||||||||||||||||||||
15 | Loan Fund in the State treasury, and $5 shall be deposited into | |||||||||||||||||||||||
16 | the Circuit Court Clerk Operation and Administrative Fund | |||||||||||||||||||||||
17 | created by the Clerk of the Circuit Court. | |||||||||||||||||||||||
18 | This Section becomes inoperative on January 1, 2020 7 years | |||||||||||||||||||||||
19 | after the effective date of this amendatory Act of the 95th | |||||||||||||||||||||||
20 | General Assembly .
| |||||||||||||||||||||||
21 | (Source: P.A. 95-154, eff. 10-13-07; 96-286, eff. 8-11-09; | |||||||||||||||||||||||
22 | 96-1175, eff. 9-20-10.) |
| |||||||
| |||||||
1 | Section 10. The Clerks of Courts Act is amended by changing | ||||||
2 | Section 27.5 as follows:
| ||||||
3 | (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
| ||||||
4 | Sec. 27.5. (a) All fees, fines, costs, additional | ||||||
5 | penalties, bail balances
assessed or forfeited, and any other | ||||||
6 | amount paid by a person to the circuit
clerk that equals an | ||||||
7 | amount less than $55, except restitution under Section
5-5-6 of | ||||||
8 | the Unified Code of Corrections, reimbursement for the costs of | ||||||
9 | an
emergency response as provided under Section 11-501 of the | ||||||
10 | Illinois Vehicle
Code, any fees collected for attending a | ||||||
11 | traffic safety program under
paragraph (c) of Supreme Court | ||||||
12 | Rule 529, any fee collected on behalf of a
State's Attorney | ||||||
13 | under Section 4-2002 of the Counties Code or a sheriff under
| ||||||
14 | Section 4-5001 of the Counties Code, or any cost imposed under | ||||||
15 | Section 124A-5
of the Code of Criminal Procedure of 1963, for | ||||||
16 | convictions, orders of
supervision, or any other disposition | ||||||
17 | for a violation of Chapters 3, 4, 6,
11, and 12 of the Illinois | ||||||
18 | Vehicle Code, or a similar provision of a local
ordinance, and | ||||||
19 | any violation of the Child Passenger Protection Act, or a
| ||||||
20 | similar provision of a local ordinance, and except as otherwise | ||||||
21 | provided in this Section, shall be disbursed within 60 days | ||||||
22 | after receipt by the circuit
clerk as follows: 47% shall be | ||||||
23 | disbursed to the entity authorized by law to
receive the fine | ||||||
24 | imposed in the case; 12% shall be disbursed to the State
| ||||||
25 | Treasurer; and 41% shall be disbursed to the county's general |
| |||||||
| |||||||
1 | corporate fund.
Of the 12% disbursed to the State Treasurer, | ||||||
2 | 1/6 shall be deposited by the
State Treasurer into the Violent | ||||||
3 | Crime Victims Assistance Fund, 1/2 shall be
deposited into the | ||||||
4 | Traffic and Criminal Conviction Surcharge Fund, and 1/3
shall | ||||||
5 | be deposited into the Drivers Education Fund. For fiscal years | ||||||
6 | 1992 and
1993, amounts deposited into the Violent Crime Victims | ||||||
7 | Assistance Fund, the
Traffic and Criminal Conviction Surcharge | ||||||
8 | Fund, or the Drivers Education Fund
shall not exceed 110% of | ||||||
9 | the amounts deposited into those funds in fiscal year
1991. Any | ||||||
10 | amount that exceeds the 110% limit shall be distributed as | ||||||
11 | follows:
50% shall be disbursed to the county's general | ||||||
12 | corporate fund and 50% shall be
disbursed to the entity | ||||||
13 | authorized by law to receive the fine imposed in the
case. Not | ||||||
14 | later than March 1 of each year the circuit clerk
shall submit | ||||||
15 | a report of the amount of funds remitted to the State
Treasurer | ||||||
16 | under this Section during the preceding year based upon
| ||||||
17 | independent verification of fines and fees. All counties shall | ||||||
18 | be subject
to this Section, except that counties with a | ||||||
19 | population under 2,000,000
may, by ordinance, elect not to be | ||||||
20 | subject to this Section. For offenses
subject to this Section, | ||||||
21 | judges shall impose one total sum of money payable
for | ||||||
22 | violations. The circuit clerk may add on no additional amounts | ||||||
23 | except
for amounts that are required by Sections 27.3a and | ||||||
24 | 27.3c of
this Act, Section 16-104c of the Illinois Vehicle | ||||||
25 | Code, and subsection (a) of Section 5-1101 of the Counties | ||||||
26 | Code, unless those amounts are specifically waived by the |
| |||||||
| |||||||
1 | judge. With
respect to money collected by the circuit clerk as | ||||||
2 | a result of
forfeiture of bail, ex parte judgment or guilty | ||||||
3 | plea pursuant to Supreme
Court Rule 529, the circuit clerk | ||||||
4 | shall first deduct and pay amounts
required by Sections 27.3a | ||||||
5 | and 27.3c of this Act. Unless a court ordered payment schedule | ||||||
6 | is implemented or fee requirements are waived pursuant to a | ||||||
7 | court order, the circuit clerk may add to any unpaid fees and | ||||||
8 | costs a delinquency amount equal to 5% of the unpaid fees that | ||||||
9 | remain unpaid after 30 days, 10% of the unpaid fees that remain | ||||||
10 | unpaid after 60 days, and 15% of the unpaid fees that remain | ||||||
11 | unpaid after 90 days. Notice to those parties may be made by | ||||||
12 | signage posting or publication. The additional delinquency | ||||||
13 | amounts collected under this Section shall be deposited in the | ||||||
14 | Circuit Court Clerk Operation and Administrative Fund to be | ||||||
15 | used to defray administrative costs incurred by the circuit | ||||||
16 | clerk in performing the duties required to collect and disburse | ||||||
17 | funds. This Section is a denial
and limitation of home rule | ||||||
18 | powers and functions under subsection (h) of
Section 6 of | ||||||
19 | Article VII of the Illinois Constitution.
| ||||||
20 | (b) The following amounts must be remitted to the State | ||||||
21 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| ||||||
22 | (1) 50% of the amounts collected for felony offenses | ||||||
23 | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||||||
24 | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||||||
25 | Animals Act and Section 26-5 or 48-1 of the Criminal Code | ||||||
26 | of
1961 or the Criminal Code of 2012;
|
| |||||||
| |||||||
1 | (2) 20% of the amounts collected for Class A and Class | ||||||
2 | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||||||
3 | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||||||
4 | for Animals Act and Section 26-5 or 48-1 of the Criminal
| ||||||
5 | Code of 1961 or the Criminal Code of 2012; and
| ||||||
6 | (3) 50% of the amounts collected for Class C | ||||||
7 | misdemeanors under
Sections 4.01 and 7.1 of the Humane Care | ||||||
8 | for Animals Act and Section 26-5
or 48-1 of the Criminal | ||||||
9 | Code of 1961 or the Criminal Code of 2012.
| ||||||
10 | (c) Any person who receives a disposition of court | ||||||
11 | supervision for a violation of the Illinois Vehicle Code or a | ||||||
12 | similar provision of a local ordinance shall, in addition to | ||||||
13 | any other fines, fees, and court costs, pay an additional fee | ||||||
14 | of $29, to be disbursed as provided in Section 16-104c of the | ||||||
15 | Illinois Vehicle Code. In addition to the fee of $29, the | ||||||
16 | person shall also pay a fee of $6, if not waived by the court. | ||||||
17 | If this $6 fee is collected, $5.50 of the fee shall be | ||||||
18 | deposited into the Circuit Court Clerk Operation and | ||||||
19 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
20 | and 50 cents of the fee shall be deposited into the Prisoner | ||||||
21 | Review Board Vehicle and Equipment Fund in the State treasury. | ||||||
22 | (d) Any person convicted of, pleading guilty to, or placed | ||||||
23 | on supervision for a serious traffic violation, as defined in | ||||||
24 | Section 1-187.001 of the Illinois Vehicle Code, a violation of | ||||||
25 | Section 11-501 of the Illinois Vehicle Code, or a violation of | ||||||
26 | a similar provision of a local ordinance shall pay an |
| |||||||
| |||||||
1 | additional fee of $35, to be disbursed as provided in Section | ||||||
2 | 16-104d of that Code. | ||||||
3 | This subsection (d) becomes inoperative on January 1, 2020 | ||||||
4 | 7 years after the effective date of Public Act 95-154 .
| ||||||
5 | (e) In all counties having a population of 3,000,000 or | ||||||
6 | more inhabitants: | ||||||
7 | (1) A person who is found guilty of or pleads guilty to | ||||||
8 | violating subsection (a) of Section 11-501 of the Illinois | ||||||
9 | Vehicle Code, including any person placed on court | ||||||
10 | supervision for violating subsection (a), shall be fined | ||||||
11 | $750 as provided for by subsection (f) of Section 11-501.01 | ||||||
12 | of the Illinois Vehicle Code, payable to the circuit clerk, | ||||||
13 | who shall distribute the money pursuant to subsection (f) | ||||||
14 | of Section 11-501.01 of the Illinois Vehicle Code. | ||||||
15 | (2) When a crime laboratory DUI analysis fee of $150, | ||||||
16 | provided for by Section 5-9-1.9 of the Unified Code of | ||||||
17 | Corrections is assessed, it shall be disbursed by the | ||||||
18 | circuit clerk as provided by subsection (f) of Section | ||||||
19 | 5-9-1.9 of the Unified Code of Corrections. | ||||||
20 | (3) When a fine for a violation of subsection (a) of | ||||||
21 | Section 11-605 of the Illinois Vehicle Code is $150 or | ||||||
22 | greater, the additional $50 which is charged as provided | ||||||
23 | for by subsection (f) of Section 11-605 of the Illinois | ||||||
24 | Vehicle Code shall be disbursed by the circuit clerk to a | ||||||
25 | school district or districts for school safety purposes as | ||||||
26 | provided by subsection (f) of Section 11-605. |
| |||||||
| |||||||
1 | (4) When a fine for a violation of subsection (a) of | ||||||
2 | Section 11-1002.5 of the Illinois Vehicle Code is $150 or | ||||||
3 | greater, the additional $50 which is charged as provided | ||||||
4 | for by subsection (c) of Section 11-1002.5 of the Illinois | ||||||
5 | Vehicle Code shall be disbursed by the circuit clerk to a | ||||||
6 | school district or districts for school safety purposes as | ||||||
7 | provided by subsection (c) of Section 11-1002.5 of the | ||||||
8 | Illinois Vehicle Code. | ||||||
9 | (5) When a mandatory drug court fee of up to $5 is | ||||||
10 | assessed as provided in subsection (f) of Section 5-1101 of | ||||||
11 | the Counties Code, it shall be disbursed by the circuit | ||||||
12 | clerk as provided in subsection (f) of Section 5-1101 of | ||||||
13 | the Counties Code. | ||||||
14 | (6) When a mandatory teen court, peer jury, youth | ||||||
15 | court, or other youth diversion program fee is assessed as | ||||||
16 | provided in subsection (e) of Section 5-1101 of the | ||||||
17 | Counties Code, it shall be disbursed by the circuit clerk | ||||||
18 | as provided in subsection (e) of Section 5-1101 of the | ||||||
19 | Counties Code. | ||||||
20 | (7) When a Children's Advocacy Center fee is assessed | ||||||
21 | pursuant to subsection (f-5) of Section 5-1101 of the | ||||||
22 | Counties Code, it shall be disbursed by the circuit clerk | ||||||
23 | as provided in subsection (f-5) of Section 5-1101 of the | ||||||
24 | Counties Code. | ||||||
25 | (8) When a victim impact panel fee is assessed pursuant | ||||||
26 | to subsection (b) of Section 11-501.01 of the Illinois |
| |||||||
| |||||||
1 | Vehicle Code, it shall be disbursed by the circuit clerk to | ||||||
2 | the victim impact panel to be
attended by the defendant. | ||||||
3 | (9) When a new fee collected in traffic cases is | ||||||
4 | enacted after January 1, 2010 (the effective date of Public | ||||||
5 | Act 96-735), it shall be excluded from the percentage | ||||||
6 | disbursement provisions of this Section unless otherwise | ||||||
7 | indicated by law. | ||||||
8 | (f) Any person who receives a disposition of court | ||||||
9 | supervision for a violation of Section 11-501 of the Illinois | ||||||
10 | Vehicle Code shall, in addition to any other fines, fees, and | ||||||
11 | court costs, pay an additional fee of $50, which shall
be | ||||||
12 | collected by the circuit clerk and then remitted to the State | ||||||
13 | Treasurer for deposit into the Roadside Memorial Fund, a | ||||||
14 | special fund in the State treasury. However, the court may | ||||||
15 | waive the fee if full restitution is complied with. Subject to | ||||||
16 | appropriation, all moneys in the Roadside Memorial Fund shall | ||||||
17 | be used by the Department of Transportation to pay fees imposed | ||||||
18 | under subsection (f) of Section 20 of the Roadside Memorial | ||||||
19 | Act. The fee shall be remitted by the circuit clerk within one | ||||||
20 | month after receipt to the State Treasurer for deposit into the | ||||||
21 | Roadside Memorial Fund. | ||||||
22 | (g) For any conviction or disposition of court supervision | ||||||
23 | for a violation of Section 11-1429 of the Illinois Vehicle | ||||||
24 | Code, the circuit clerk shall distribute the fines paid by the | ||||||
25 | person as specified by subsection (h) of Section 11-1429 of the | ||||||
26 | Illinois Vehicle Code. |
| |||||||
| |||||||
1 | (Source: P.A. 96-286, eff. 8-11-09; 96-576, eff. 8-18-09; | ||||||
2 | 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-735, eff. 1-1-10; | ||||||
3 | 96-1000, eff. 7-2-10; 96-1175, eff. 9-20-10; 96-1342, eff. | ||||||
4 | 1-1-11; 97-333, eff. 8-12-11; 97-1108, eff. 1-1-13; 97-1150, | ||||||
5 | eff. 1-25-13.)
| ||||||
6 | Section 15. The Unified Code of Corrections is amended by | ||||||
7 | changing Section 5-6-1 as follows:
| ||||||
8 | (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
| ||||||
9 | Sec. 5-6-1. Sentences of Probation and of Conditional
| ||||||
10 | Discharge and Disposition of Supervision.
The General Assembly | ||||||
11 | finds that in order to protect the public, the
criminal justice | ||||||
12 | system must compel compliance with the conditions of probation
| ||||||
13 | by responding to violations with swift, certain and fair | ||||||
14 | punishments and
intermediate sanctions. The Chief Judge of each | ||||||
15 | circuit shall adopt a system of
structured, intermediate | ||||||
16 | sanctions for violations of the terms and conditions
of a | ||||||
17 | sentence of probation, conditional discharge or disposition of
| ||||||
18 | supervision.
| ||||||
19 | (a) Except where specifically prohibited by other
| ||||||
20 | provisions of this Code, the court shall impose a sentence
of | ||||||
21 | probation or conditional discharge upon an offender
unless, | ||||||
22 | having regard to the nature and circumstance of
the offense, | ||||||
23 | and to the history, character and condition
of the offender, | ||||||
24 | the court is of the opinion that:
|
| |||||||
| |||||||
1 | (1) his imprisonment or periodic imprisonment is | ||||||
2 | necessary
for the protection of the public; or
| ||||||
3 | (2) probation or conditional discharge would deprecate
| ||||||
4 | the seriousness of the offender's conduct and would be
| ||||||
5 | inconsistent with the ends of justice; or
| ||||||
6 | (3) a combination of imprisonment with concurrent or | ||||||
7 | consecutive probation when an offender has been admitted | ||||||
8 | into a drug court program under Section 20 of the Drug | ||||||
9 | Court Treatment Act is necessary for the protection of the | ||||||
10 | public and for the rehabilitation of the offender.
| ||||||
11 | The court shall impose as a condition of a sentence of | ||||||
12 | probation,
conditional discharge, or supervision, that the | ||||||
13 | probation agency may invoke any
sanction from the list of | ||||||
14 | intermediate sanctions adopted by the chief judge of
the | ||||||
15 | circuit court for violations of the terms and conditions of the | ||||||
16 | sentence of
probation, conditional discharge, or supervision, | ||||||
17 | subject to the provisions of
Section 5-6-4 of this Act.
| ||||||
18 | (b) The court may impose a sentence of conditional
| ||||||
19 | discharge for an offense if the court is of the opinion
that | ||||||
20 | neither a sentence of imprisonment nor of periodic
imprisonment | ||||||
21 | nor of probation supervision is appropriate.
| ||||||
22 | (b-1) Subsections (a) and (b) of this Section do not apply | ||||||
23 | to a defendant charged with a misdemeanor or felony under the | ||||||
24 | Illinois Vehicle Code or reckless homicide under Section 9-3 of | ||||||
25 | the Criminal Code of 1961 or the Criminal Code of 2012 if the | ||||||
26 | defendant within the past 12 months has been convicted of or |
| |||||||
| |||||||
1 | pleaded guilty to a misdemeanor or felony under the Illinois | ||||||
2 | Vehicle Code or reckless homicide under Section 9-3 of the | ||||||
3 | Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
4 | (c) The court may, upon a plea of guilty or a stipulation
| ||||||
5 | by the defendant of the facts supporting the charge or a
| ||||||
6 | finding of guilt, defer further proceedings and the
imposition | ||||||
7 | of a sentence, and enter an order for supervision of the | ||||||
8 | defendant,
if the defendant is not charged with: (i) a Class A | ||||||
9 | misdemeanor, as
defined by the following provisions of the | ||||||
10 | Criminal Code of 1961 or the Criminal Code of 2012: Sections
| ||||||
11 | 11-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6; | ||||||
12 | 31-7; paragraphs (2) and (3) of subsection (a) of Section
21-1;
| ||||||
13 | paragraph (1) through (5), (8), (10), and (11) of subsection | ||||||
14 | (a) of Section
24-1; (ii) a Class A misdemeanor violation of | ||||||
15 | Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals | ||||||
16 | Act; or (iii)
a felony.
If the defendant
is not barred from | ||||||
17 | receiving an order for supervision as provided in this
| ||||||
18 | subsection, the court may enter an order for supervision after | ||||||
19 | considering the
circumstances of the offense, and the history,
| ||||||
20 | character and condition of the offender, if the court is of the | ||||||
21 | opinion
that:
| ||||||
22 | (1) the offender is not likely to commit further | ||||||
23 | crimes;
| ||||||
24 | (2) the defendant and the public would be best served | ||||||
25 | if the
defendant were not to receive a criminal record; and
| ||||||
26 | (3) in the best interests of justice an order of |
| |||||||
| |||||||
1 | supervision
is more appropriate than a sentence otherwise | ||||||
2 | permitted under this Code.
| ||||||
3 | (c-5) Subsections (a), (b), and (c) of this Section do not | ||||||
4 | apply to a defendant charged with a second or subsequent | ||||||
5 | violation of Section 6-303 of the Illinois Vehicle Code | ||||||
6 | committed while his or her driver's license, permit or | ||||||
7 | privileges were revoked because of a violation of Section 9-3 | ||||||
8 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
9 | relating to the offense of reckless homicide, or a similar | ||||||
10 | provision of a law of another state.
| ||||||
11 | (d) The provisions of paragraph (c) shall not apply to a | ||||||
12 | defendant charged
with violating Section 11-501 of the Illinois | ||||||
13 | Vehicle Code or a similar
provision of a local
ordinance when | ||||||
14 | the defendant has previously been:
| ||||||
15 | (1) convicted for a violation of Section 11-501 of
the | ||||||
16 | Illinois Vehicle
Code or a similar provision of a
local | ||||||
17 | ordinance or any similar law or ordinance of another state; | ||||||
18 | or
| ||||||
19 | (2) assigned supervision for a violation of Section | ||||||
20 | 11-501 of the Illinois
Vehicle Code or a similar provision | ||||||
21 | of a local ordinance or any similar law
or ordinance of | ||||||
22 | another state; or
| ||||||
23 | (3) pleaded guilty to or stipulated to the facts | ||||||
24 | supporting
a charge or a finding of guilty to a violation | ||||||
25 | of Section 11-503 of the
Illinois Vehicle Code or a similar | ||||||
26 | provision of a local ordinance or any
similar law or |
| |||||||
| |||||||
1 | ordinance of another state, and the
plea or stipulation was | ||||||
2 | the result of a plea agreement.
| ||||||
3 | The court shall consider the statement of the prosecuting
| ||||||
4 | authority with regard to the standards set forth in this | ||||||
5 | Section.
| ||||||
6 | (e) The provisions of paragraph (c) shall not apply to a | ||||||
7 | defendant
charged with violating Section 16-25 or 16A-3 of the | ||||||
8 | Criminal Code of 1961 or the Criminal Code of 2012 if said
| ||||||
9 | defendant has within the last 5 years been:
| ||||||
10 | (1) convicted for a violation of Section 16-25 or 16A-3 | ||||||
11 | of the Criminal Code of
1961 or the Criminal Code of 2012; | ||||||
12 | or
| ||||||
13 | (2) assigned supervision for a violation of Section | ||||||
14 | 16-25 or 16A-3 of the Criminal
Code of 1961 or the Criminal | ||||||
15 | Code of 2012.
| ||||||
16 | The court shall consider the statement of the prosecuting | ||||||
17 | authority with
regard to the standards set forth in this | ||||||
18 | Section.
| ||||||
19 | (f) The provisions of paragraph (c) shall not apply to a | ||||||
20 | defendant
charged with violating Sections 15-111, 15-112, | ||||||
21 | 15-301, paragraph (b)
of Section 6-104, Section 11-605, Section | ||||||
22 | 11-1002.5, or Section 11-1414
of the Illinois Vehicle Code or a | ||||||
23 | similar provision of a local ordinance.
| ||||||
24 | (g) Except as otherwise provided in paragraph (i) of this | ||||||
25 | Section, the
provisions of paragraph (c) shall not apply to a
| ||||||
26 | defendant charged with violating Section
3-707, 3-708, 3-710, |
| |||||||
| |||||||
1 | or 5-401.3
of the Illinois Vehicle Code or a similar provision | ||||||
2 | of a local ordinance if the
defendant has within the last 5 | ||||||
3 | years been:
| ||||||
4 | (1) convicted for a violation of Section 3-707, 3-708, | ||||||
5 | 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | ||||||
6 | provision of a local
ordinance; or
| ||||||
7 | (2) assigned supervision for a violation of Section | ||||||
8 | 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle | ||||||
9 | Code or a similar provision of a local
ordinance.
| ||||||
10 | The court shall consider the statement of the prosecuting | ||||||
11 | authority with
regard to the standards set forth in this | ||||||
12 | Section.
| ||||||
13 | (h) The provisions of paragraph (c) shall not apply to a | ||||||
14 | defendant under
the age of 21 years charged with violating a | ||||||
15 | serious traffic offense as defined
in Section 1-187.001 of the | ||||||
16 | Illinois Vehicle Code:
| ||||||
17 | (1) unless the defendant, upon payment of the fines, | ||||||
18 | penalties, and costs
provided by law, agrees to attend and | ||||||
19 | successfully complete a traffic safety
program approved by | ||||||
20 | the court under standards set by the Conference of Chief
| ||||||
21 | Circuit Judges. The accused shall be responsible for | ||||||
22 | payment of any traffic
safety program fees. If the accused | ||||||
23 | fails to file a certificate of
successful completion on or | ||||||
24 | before the termination date of the supervision
order, the | ||||||
25 | supervision shall be summarily revoked and conviction | ||||||
26 | entered. The
provisions of Supreme Court Rule 402 relating |
| |||||||
| |||||||
1 | to pleas of guilty do not apply
in cases when a defendant | ||||||
2 | enters a guilty plea under this provision; or
| ||||||
3 | (2) if the defendant has previously been sentenced | ||||||
4 | under the provisions of
paragraph (c) on or after January | ||||||
5 | 1, 1998 for any serious traffic offense as
defined in | ||||||
6 | Section 1-187.001 of the Illinois Vehicle Code.
| ||||||
7 | (h-1) The provisions of paragraph (c) shall not apply to a | ||||||
8 | defendant under the age of 21 years charged with an offense | ||||||
9 | against traffic regulations governing the movement of vehicles | ||||||
10 | or any violation of Section 6-107 or Section 12-603.1 of the | ||||||
11 | Illinois Vehicle Code, unless the defendant, upon payment of | ||||||
12 | the fines, penalties, and costs provided by law, agrees to | ||||||
13 | attend and successfully complete a traffic safety program | ||||||
14 | approved by the court under standards set by the Conference of | ||||||
15 | Chief Circuit Judges. The accused shall be responsible for | ||||||
16 | payment of any traffic safety program fees. If the accused | ||||||
17 | fails to file a certificate of successful completion on or | ||||||
18 | before the termination date of the supervision order, the | ||||||
19 | supervision shall be summarily revoked and conviction entered. | ||||||
20 | The provisions of Supreme Court Rule 402 relating to pleas of | ||||||
21 | guilty do not apply in cases when a defendant enters a guilty | ||||||
22 | plea under this provision.
| ||||||
23 | (i) The provisions of paragraph (c) shall not apply to a | ||||||
24 | defendant charged
with violating Section 3-707 of the Illinois | ||||||
25 | Vehicle Code or a similar
provision of a local ordinance if the | ||||||
26 | defendant has been assigned supervision
for a violation of |
| |||||||
| |||||||
1 | Section 3-707 of the Illinois Vehicle Code or a similar
| ||||||
2 | provision of a local ordinance.
| ||||||
3 | (j) The provisions of paragraph (c) shall not apply to a
| ||||||
4 | defendant charged with violating
Section 6-303 of the Illinois | ||||||
5 | Vehicle Code or a similar provision of
a local ordinance when | ||||||
6 | the revocation or suspension was for a violation of
Section | ||||||
7 | 11-501 or a similar provision of a local ordinance or a | ||||||
8 | violation of
Section 11-501.1 or paragraph (b) of Section | ||||||
9 | 11-401 of the Illinois Vehicle
Code if the
defendant has within | ||||||
10 | the last 10 years been:
| ||||||
11 | (1) convicted for a violation of Section 6-303 of the | ||||||
12 | Illinois Vehicle
Code or a similar provision of a local | ||||||
13 | ordinance; or
| ||||||
14 | (2) assigned supervision for a violation of Section | ||||||
15 | 6-303 of the Illinois
Vehicle Code or a similar provision | ||||||
16 | of a local ordinance. | ||||||
17 | (k) The provisions of paragraph (c) shall not apply to a
| ||||||
18 | defendant charged with violating
any provision of the Illinois | ||||||
19 | Vehicle Code or a similar provision of a local ordinance that | ||||||
20 | governs the movement of vehicles if, within the 12 months | ||||||
21 | preceding the date of the defendant's arrest, the defendant has | ||||||
22 | been assigned court supervision on 2 occasions for a violation | ||||||
23 | that governs the movement of vehicles under the Illinois | ||||||
24 | Vehicle Code or a similar provision of a local ordinance.
The | ||||||
25 | provisions of this paragraph (k) do not apply to a defendant | ||||||
26 | charged with violating Section 11-501 of the Illinois Vehicle |
| |||||||
| |||||||
1 | Code or a similar provision of a local ordinance.
| ||||||
2 | (l) A defendant charged with violating any provision of the | ||||||
3 | Illinois Vehicle Code or a similar provision of a local | ||||||
4 | ordinance who receives a disposition of supervision under | ||||||
5 | subsection (c) shall pay an additional fee of $29, to be | ||||||
6 | collected as provided in Sections 27.5 and 27.6 of the Clerks | ||||||
7 | of Courts Act. In addition to the $29 fee, the person shall | ||||||
8 | also pay a fee of $6, which, if not waived by the court, shall | ||||||
9 | be collected as provided in Sections 27.5 and 27.6 of the | ||||||
10 | Clerks of Courts Act. The $29 fee shall be disbursed as | ||||||
11 | provided in Section 16-104c of the Illinois Vehicle Code. If | ||||||
12 | the $6 fee is collected, $5.50 of the fee shall be deposited | ||||||
13 | into the Circuit Court Clerk Operation and Administrative Fund | ||||||
14 | created by the Clerk of the Circuit Court and 50 cents of the | ||||||
15 | fee shall be deposited into the Prisoner Review Board Vehicle | ||||||
16 | and Equipment Fund in the State treasury.
| ||||||
17 | (m) Any person convicted of, pleading guilty to, or placed | ||||||
18 | on supervision for a serious traffic violation, as defined in | ||||||
19 | Section 1-187.001 of the Illinois Vehicle Code, a violation of | ||||||
20 | Section 11-501 of the Illinois Vehicle Code, or a violation of | ||||||
21 | a similar provision of a local ordinance shall pay an | ||||||
22 | additional fee of $35, to be disbursed as provided in Section | ||||||
23 | 16-104d of that Code. | ||||||
24 | This subsection (m) becomes inoperative on January 1, 2020 | ||||||
25 | 7 years after October 13, 2007 (the effective date of Public | ||||||
26 | Act 95-154) .
|
| |||||||
| |||||||
1 | (n)
The provisions of paragraph (c) shall not apply to any | ||||||
2 | person under the age of 18 who commits an offense against | ||||||
3 | traffic regulations governing the movement of vehicles or any | ||||||
4 | violation of Section 6-107 or Section 12-603.1 of the Illinois | ||||||
5 | Vehicle Code, except upon personal appearance of the defendant | ||||||
6 | in court and upon the written consent of the defendant's parent | ||||||
7 | or legal guardian, executed before the presiding judge. The | ||||||
8 | presiding judge shall have the authority to waive this | ||||||
9 | requirement upon the showing of good cause by the defendant.
| ||||||
10 | (o)
The provisions of paragraph (c) shall not apply to a | ||||||
11 | defendant charged with violating Section 6-303 of the Illinois | ||||||
12 | Vehicle Code or a similar provision of a local ordinance when | ||||||
13 | the suspension was for a violation of Section 11-501.1 of the | ||||||
14 | Illinois Vehicle Code and when: | ||||||
15 | (1) at the time of the violation of Section 11-501.1 of | ||||||
16 | the Illinois Vehicle Code, the defendant was a first | ||||||
17 | offender pursuant to Section 11-500 of the Illinois Vehicle | ||||||
18 | Code and the defendant failed to obtain a monitoring device | ||||||
19 | driving permit; or | ||||||
20 | (2) at the time of the violation of Section 11-501.1 of | ||||||
21 | the Illinois Vehicle Code, the defendant was a first | ||||||
22 | offender pursuant to Section 11-500 of the Illinois Vehicle | ||||||
23 | Code, had subsequently obtained a monitoring device | ||||||
24 | driving permit, but was driving a vehicle not equipped with | ||||||
25 | a breath alcohol ignition interlock device as defined in | ||||||
26 | Section 1-129.1 of the Illinois Vehicle Code.
|
| |||||||
| |||||||
1 | (p) The provisions of paragraph (c) shall not apply to a | ||||||
2 | defendant charged with violating Section 11-601.5 of the | ||||||
3 | Illinois Vehicle Code or a similar provision of a local | ||||||
4 | ordinance. | ||||||
5 | (q) The provisions of paragraph (c) shall not apply to a | ||||||
6 | defendant charged with violating subsection (b) of Section | ||||||
7 | 11-601 of the Illinois Vehicle Code when the defendant was | ||||||
8 | operating a vehicle, in an urban district, at a speed in excess | ||||||
9 | of 25 miles per hour over the posted speed limit. | ||||||
10 | (r) The provisions of paragraph (c) shall not apply to a | ||||||
11 | defendant charged with violating any provision of the Illinois | ||||||
12 | Vehicle Code or a similar provision of a local ordinance if the | ||||||
13 | violation was the proximate cause of the death of another and | ||||||
14 | the defendant's driving abstract contains a prior conviction or | ||||||
15 | disposition of court supervision for any violation of the | ||||||
16 | Illinois Vehicle Code, other than an equipment violation, or a | ||||||
17 | suspension, revocation, or cancellation of the driver's | ||||||
18 | license. | ||||||
19 | (Source: P.A. 97-333, eff. 8-12-11; 97-597, eff. 1-1-12; | ||||||
20 | 97-831, eff. 7-1-13; 97-1108, eff. 1-1-13; 97-1150, eff. | ||||||
21 | 1-25-13; 98-169, eff. 1-1-14.)
| ||||||
22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.
|