Illinois General Assembly - Full Text of HB1010
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Full Text of HB1010  98th General Assembly

HB1010enr 98TH GENERAL ASSEMBLY

  
  
  

 


 
HB1010 EnrolledLRB098 07990 MLW 38080 b

1    AN ACT concerning criminal law, which may be referred to as
2"Patricia's Law".
 
3    Be it enacted by the People of the State of Illinois,
4represented in the General Assembly:
 
5    Section 5. The Unified Code of Corrections is amended by
6changing Section 5-6-1 as follows:
 
7    (730 ILCS 5/5-6-1)  (from Ch. 38, par. 1005-6-1)
8    (Text of Section before amendment by P.A. 97-831)
9    Sec. 5-6-1. Sentences of Probation and of Conditional
10Discharge and Disposition of Supervision. The General Assembly
11finds that in order to protect the public, the criminal justice
12system must compel compliance with the conditions of probation
13by responding to violations with swift, certain and fair
14punishments and intermediate sanctions. The Chief Judge of each
15circuit shall adopt a system of structured, intermediate
16sanctions for violations of the terms and conditions of a
17sentence of probation, conditional discharge or disposition of
18supervision.
19    (a) Except where specifically prohibited by other
20provisions of this Code, the court shall impose a sentence of
21probation or conditional discharge upon an offender unless,
22having regard to the nature and circumstance of the offense,
23and to the history, character and condition of the offender,

 

 

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1the court is of the opinion that:
2        (1) his imprisonment or periodic imprisonment is
3    necessary for the protection of the public; or
4        (2) probation or conditional discharge would deprecate
5    the seriousness of the offender's conduct and would be
6    inconsistent with the ends of justice; or
7        (3) a combination of imprisonment with concurrent or
8    consecutive probation when an offender has been admitted
9    into a drug court program under Section 20 of the Drug
10    Court Treatment Act is necessary for the protection of the
11    public and for the rehabilitation of the offender.
12    The court shall impose as a condition of a sentence of
13probation, conditional discharge, or supervision, that the
14probation agency may invoke any sanction from the list of
15intermediate sanctions adopted by the chief judge of the
16circuit court for violations of the terms and conditions of the
17sentence of probation, conditional discharge, or supervision,
18subject to the provisions of Section 5-6-4 of this Act.
19    (b) The court may impose a sentence of conditional
20discharge for an offense if the court is of the opinion that
21neither a sentence of imprisonment nor of periodic imprisonment
22nor of probation supervision is appropriate.
23    (b-1) Subsections (a) and (b) of this Section do not apply
24to a defendant charged with a misdemeanor or felony under the
25Illinois Vehicle Code or reckless homicide under Section 9-3 of
26the Criminal Code of 1961 or the Criminal Code of 2012 if the

 

 

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1defendant within the past 12 months has been convicted of or
2pleaded guilty to a misdemeanor or felony under the Illinois
3Vehicle Code or reckless homicide under Section 9-3 of the
4Criminal Code of 1961 or the Criminal Code of 2012.
5    (c) The court may, upon a plea of guilty or a stipulation
6by the defendant of the facts supporting the charge or a
7finding of guilt, defer further proceedings and the imposition
8of a sentence, and enter an order for supervision of the
9defendant, if the defendant is not charged with: (i) a Class A
10misdemeanor, as defined by the following provisions of the
11Criminal Code of 1961 or the Criminal Code of 2012: Sections
1211-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6;
1331-7; paragraphs (2) and (3) of subsection (a) of Section 21-1;
14paragraph (1) through (5), (8), (10), and (11) of subsection
15(a) of Section 24-1; (ii) a Class A misdemeanor violation of
16Section 3.01, 3.03-1, or 4.01 of the Humane Care for Animals
17Act; or (iii) a felony. If the defendant is not barred from
18receiving an order for supervision as provided in this
19subsection, the court may enter an order for supervision after
20considering the circumstances of the offense, and the history,
21character and condition of the offender, if the court is of the
22opinion that:
23        (1) the offender is not likely to commit further
24    crimes;
25        (2) the defendant and the public would be best served
26    if the defendant were not to receive a criminal record; and

 

 

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1        (3) in the best interests of justice an order of
2    supervision is more appropriate than a sentence otherwise
3    permitted under this Code.
4    (c-5) Subsections (a), (b), and (c) of this Section do not
5apply to a defendant charged with a second or subsequent
6violation of Section 6-303 of the Illinois Vehicle Code
7committed while his or her driver's license, permit or
8privileges were revoked because of a violation of Section 9-3
9of the Criminal Code of 1961 or the Criminal Code of 2012,
10relating to the offense of reckless homicide, or a similar
11provision of a law of another state.
12    (d) The provisions of paragraph (c) shall not apply to a
13defendant charged with violating Section 11-501 of the Illinois
14Vehicle Code or a similar provision of a local ordinance when
15the defendant has previously been:
16        (1) convicted for a violation of Section 11-501 of the
17    Illinois Vehicle Code or a similar provision of a local
18    ordinance or any similar law or ordinance of another state;
19    or
20        (2) assigned supervision for a violation of Section
21    11-501 of the Illinois Vehicle Code or a similar provision
22    of a local ordinance or any similar law or ordinance of
23    another state; or
24        (3) pleaded guilty to or stipulated to the facts
25    supporting a charge or a finding of guilty to a violation
26    of Section 11-503 of the Illinois Vehicle Code or a similar

 

 

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1    provision of a local ordinance or any similar law or
2    ordinance of another state, and the plea or stipulation was
3    the result of a plea agreement.
4    The court shall consider the statement of the prosecuting
5authority with regard to the standards set forth in this
6Section.
7    (e) The provisions of paragraph (c) shall not apply to a
8defendant charged with violating Section 16-25 or 16A-3 of the
9Criminal Code of 1961 or the Criminal Code of 2012 if said
10defendant has within the last 5 years been:
11        (1) convicted for a violation of Section 16-25 or 16A-3
12    of the Criminal Code of 1961 or the Criminal Code of 2012;
13    or
14        (2) assigned supervision for a violation of Section
15    16-25 or 16A-3 of the Criminal Code of 1961 or the Criminal
16    Code of 2012.
17    The court shall consider the statement of the prosecuting
18authority with regard to the standards set forth in this
19Section.
20    (f) The provisions of paragraph (c) shall not apply to a
21defendant charged with violating Sections 15-111, 15-112,
2215-301, paragraph (b) of Section 6-104, Section 11-605, Section
2311-1002.5, or Section 11-1414 of the Illinois Vehicle Code or a
24similar provision of a local ordinance.
25    (g) Except as otherwise provided in paragraph (i) of this
26Section, the provisions of paragraph (c) shall not apply to a

 

 

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

 

 

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1    entered. The provisions of Supreme Court Rule 402 relating
2    to pleas of guilty do not apply in cases when a defendant
3    enters a guilty plea under this provision; or
4        (2) if the defendant has previously been sentenced
5    under the provisions of paragraph (c) on or after January
6    1, 1998 for any serious traffic offense as defined in
7    Section 1-187.001 of the Illinois Vehicle Code.
8    (h-1) The provisions of paragraph (c) shall not apply to a
9defendant under the age of 21 years charged with an offense
10against traffic regulations governing the movement of vehicles
11or any violation of Section 6-107 or Section 12-603.1 of the
12Illinois Vehicle Code, unless the defendant, upon payment of
13the fines, penalties, and costs provided by law, agrees to
14attend and successfully complete a traffic safety program
15approved by the court under standards set by the Conference of
16Chief Circuit Judges. The accused shall be responsible for
17payment of any traffic safety program fees. If the accused
18fails to file a certificate of successful completion on or
19before the termination date of the supervision order, the
20supervision shall be summarily revoked and conviction entered.
21The provisions of Supreme Court Rule 402 relating to pleas of
22guilty do not apply in cases when a defendant enters a guilty
23plea under this provision.
24    (i) The provisions of paragraph (c) shall not apply to a
25defendant charged with violating Section 3-707 of the Illinois
26Vehicle Code or a similar provision of a local ordinance if the

 

 

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1defendant has been assigned supervision for a violation of
2Section 3-707 of the Illinois Vehicle Code or a similar
3provision of a local ordinance.
4    (j) The provisions of paragraph (c) shall not apply to a
5defendant charged with violating Section 6-303 of the Illinois
6Vehicle Code or a similar provision of a local ordinance when
7the revocation or suspension was for a violation of Section
811-501 or a similar provision of a local ordinance or a
9violation of Section 11-501.1 or paragraph (b) of Section
1011-401 of the Illinois Vehicle Code if the defendant has within
11the last 10 years been:
12        (1) convicted for a violation of Section 6-303 of the
13    Illinois Vehicle Code or a similar provision of a local
14    ordinance; or
15        (2) assigned supervision for a violation of Section
16    6-303 of the Illinois Vehicle Code or a similar provision
17    of a local ordinance.
18    (k) The provisions of paragraph (c) shall not apply to a
19defendant charged with violating any provision of the Illinois
20Vehicle Code or a similar provision of a local ordinance that
21governs the movement of vehicles if, within the 12 months
22preceding the date of the defendant's arrest, the defendant has
23been assigned court supervision on 2 occasions for a violation
24that governs the movement of vehicles under the Illinois
25Vehicle Code or a similar provision of a local ordinance. The
26provisions of this paragraph (k) do not apply to a defendant

 

 

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1charged with violating Section 11-501 of the Illinois Vehicle
2Code or a similar provision of a local ordinance.
3    (l) A defendant charged with violating any provision of the
4Illinois Vehicle Code or a similar provision of a local
5ordinance who receives a disposition of supervision under
6subsection (c) shall pay an additional fee of $29, to be
7collected as provided in Sections 27.5 and 27.6 of the Clerks
8of Courts Act. In addition to the $29 fee, the person shall
9also pay a fee of $6, which, if not waived by the court, shall
10be collected as provided in Sections 27.5 and 27.6 of the
11Clerks of Courts Act. The $29 fee shall be disbursed as
12provided in Section 16-104c of the Illinois Vehicle Code. If
13the $6 fee is collected, $5.50 of the fee shall be deposited
14into the Circuit Court Clerk Operation and Administrative Fund
15created by the Clerk of the Circuit Court and 50 cents of the
16fee shall be deposited into the Prisoner Review Board Vehicle
17and Equipment Fund in the State treasury.
18    (m) Any person convicted of, pleading guilty to, or placed
19on supervision for a serious traffic violation, as defined in
20Section 1-187.001 of the Illinois Vehicle Code, a violation of
21Section 11-501 of the Illinois Vehicle Code, or a violation of
22a similar provision of a local ordinance shall pay an
23additional fee of $35, to be disbursed as provided in Section
2416-104d of that Code.
25    This subsection (m) becomes inoperative 7 years after
26October 13, 2007 (the effective date of Public Act 95-154).

 

 

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1    (n) The provisions of paragraph (c) shall not apply to any
2person under the age of 18 who commits an offense against
3traffic regulations governing the movement of vehicles or any
4violation of Section 6-107 or Section 12-603.1 of the Illinois
5Vehicle Code, except upon personal appearance of the defendant
6in court and upon the written consent of the defendant's parent
7or legal guardian, executed before the presiding judge. The
8presiding judge shall have the authority to waive this
9requirement upon the showing of good cause by the defendant.
10    (o) The provisions of paragraph (c) shall not apply to a
11defendant charged with violating Section 6-303 of the Illinois
12Vehicle Code or a similar provision of a local ordinance when
13the suspension was for a violation of Section 11-501.1 of the
14Illinois 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.

 

 

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1    (p) The provisions of paragraph (c) shall not apply to a
2defendant charged with violating subsection (b) of Section
311-601.5 of the Illinois Vehicle Code or a similar provision of
4a local ordinance.
5(Source: P.A. 96-253, eff. 8-11-09; 96-286, eff. 8-11-09;
696-328, eff. 8-11-09; 96-625, eff. 1-1-10; 96-1000, eff.
77-2-10; 96-1002, eff. 1-1-11; 96-1175, eff. 9-20-10; 96-1551,
8eff. 7-1-11; 97-333, eff. 8-12-11; 97-597, eff. 1-1-12;
997-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
10    (Text of Section after amendment by P.A. 97-831)
11    Sec. 5-6-1. Sentences of Probation and of Conditional
12Discharge and Disposition of Supervision. The General Assembly
13finds that in order to protect the public, the criminal justice
14system must compel compliance with the conditions of probation
15by responding to violations with swift, certain and fair
16punishments and intermediate sanctions. The Chief Judge of each
17circuit shall adopt a system of structured, intermediate
18sanctions for violations of the terms and conditions of a
19sentence of probation, conditional discharge or disposition of
20supervision.
21    (a) Except where specifically prohibited by other
22provisions of this Code, the court shall impose a sentence of
23probation or conditional discharge upon an offender unless,
24having regard to the nature and circumstance of the offense,
25and to the history, character and condition of the offender,

 

 

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1the court is of the opinion that:
2        (1) his imprisonment or periodic imprisonment is
3    necessary for the protection of the public; or
4        (2) probation or conditional discharge would deprecate
5    the seriousness of the offender's conduct and would be
6    inconsistent with the ends of justice; or
7        (3) a combination of imprisonment with concurrent or
8    consecutive probation when an offender has been admitted
9    into a drug court program under Section 20 of the Drug
10    Court Treatment Act is necessary for the protection of the
11    public and for the rehabilitation of the offender.
12    The court shall impose as a condition of a sentence of
13probation, conditional discharge, or supervision, that the
14probation agency may invoke any sanction from the list of
15intermediate sanctions adopted by the chief judge of the
16circuit court for violations of the terms and conditions of the
17sentence of probation, conditional discharge, or supervision,
18subject to the provisions of Section 5-6-4 of this Act.
19    (b) The court may impose a sentence of conditional
20discharge for an offense if the court is of the opinion that
21neither a sentence of imprisonment nor of periodic imprisonment
22nor of probation supervision is appropriate.
23    (b-1) Subsections (a) and (b) of this Section do not apply
24to a defendant charged with a misdemeanor or felony under the
25Illinois Vehicle Code or reckless homicide under Section 9-3 of
26the Criminal Code of 1961 or the Criminal Code of 2012 if the

 

 

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1defendant within the past 12 months has been convicted of or
2pleaded guilty to a misdemeanor or felony under the Illinois
3Vehicle Code or reckless homicide under Section 9-3 of the
4Criminal Code of 1961 or the Criminal Code of 2012.
5    (c) The court may, upon a plea of guilty or a stipulation
6by the defendant of the facts supporting the charge or a
7finding of guilt, defer further proceedings and the imposition
8of a sentence, and enter an order for supervision of the
9defendant, if the defendant is not charged with: (i) a Class A
10misdemeanor, as defined by the following provisions of the
11Criminal Code of 1961 or the Criminal Code of 2012: Sections
1211-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6;
1331-7; paragraphs (2) and (3) of subsection (a) of Section 21-1;
14paragraph (1) through (5), (8), (10), and (11) of subsection
15(a) of Section 24-1; (ii) a Class A misdemeanor violation of
16Section 3.01, 3.03-1, or 4.01 of the Humane Care for Animals
17Act; or (iii) a felony. If the defendant is not barred from
18receiving an order for supervision as provided in this
19subsection, the court may enter an order for supervision after
20considering the circumstances of the offense, and the history,
21character and condition of the offender, if the court is of the
22opinion that:
23        (1) the offender is not likely to commit further
24    crimes;
25        (2) the defendant and the public would be best served
26    if the defendant were not to receive a criminal record; and

 

 

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1        (3) in the best interests of justice an order of
2    supervision is more appropriate than a sentence otherwise
3    permitted under this Code.
4    (c-5) Subsections (a), (b), and (c) of this Section do not
5apply to a defendant charged with a second or subsequent
6violation of Section 6-303 of the Illinois Vehicle Code
7committed while his or her driver's license, permit or
8privileges were revoked because of a violation of Section 9-3
9of the Criminal Code of 1961 or the Criminal Code of 2012,
10relating to the offense of reckless homicide, or a similar
11provision of a law of another state.
12    (d) The provisions of paragraph (c) shall not apply to a
13defendant charged with violating Section 11-501 of the Illinois
14Vehicle Code or a similar provision of a local ordinance when
15the defendant has previously been:
16        (1) convicted for a violation of Section 11-501 of the
17    Illinois Vehicle Code or a similar provision of a local
18    ordinance or any similar law or ordinance of another state;
19    or
20        (2) assigned supervision for a violation of Section
21    11-501 of the Illinois Vehicle Code or a similar provision
22    of a local ordinance or any similar law or ordinance of
23    another state; or
24        (3) pleaded guilty to or stipulated to the facts
25    supporting a charge or a finding of guilty to a violation
26    of Section 11-503 of the Illinois Vehicle Code or a similar

 

 

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1    provision of a local ordinance or any similar law or
2    ordinance of another state, and the plea or stipulation was
3    the result of a plea agreement.
4    The court shall consider the statement of the prosecuting
5authority with regard to the standards set forth in this
6Section.
7    (e) The provisions of paragraph (c) shall not apply to a
8defendant charged with violating Section 16-25 or 16A-3 of the
9Criminal Code of 1961 or the Criminal Code of 2012 if said
10defendant has within the last 5 years been:
11        (1) convicted for a violation of Section 16-25 or 16A-3
12    of the Criminal Code of 1961 or the Criminal Code of 2012;
13    or
14        (2) assigned supervision for a violation of Section
15    16-25 or 16A-3 of the Criminal Code of 1961 or the Criminal
16    Code of 2012.
17    The court shall consider the statement of the prosecuting
18authority with regard to the standards set forth in this
19Section.
20    (f) The provisions of paragraph (c) shall not apply to a
21defendant charged with violating Sections 15-111, 15-112,
2215-301, paragraph (b) of Section 6-104, Section 11-605, Section
2311-1002.5, or Section 11-1414 of the Illinois Vehicle Code or a
24similar provision of a local ordinance.
25    (g) Except as otherwise provided in paragraph (i) of this
26Section, the provisions of paragraph (c) shall not apply to a

 

 

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

 

 

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1    entered. The provisions of Supreme Court Rule 402 relating
2    to pleas of guilty do not apply in cases when a defendant
3    enters a guilty plea under this provision; or
4        (2) if the defendant has previously been sentenced
5    under the provisions of paragraph (c) on or after January
6    1, 1998 for any serious traffic offense as defined in
7    Section 1-187.001 of the Illinois Vehicle Code.
8    (h-1) The provisions of paragraph (c) shall not apply to a
9defendant under the age of 21 years charged with an offense
10against traffic regulations governing the movement of vehicles
11or any violation of Section 6-107 or Section 12-603.1 of the
12Illinois Vehicle Code, unless the defendant, upon payment of
13the fines, penalties, and costs provided by law, agrees to
14attend and successfully complete a traffic safety program
15approved by the court under standards set by the Conference of
16Chief Circuit Judges. The accused shall be responsible for
17payment of any traffic safety program fees. If the accused
18fails to file a certificate of successful completion on or
19before the termination date of the supervision order, the
20supervision shall be summarily revoked and conviction entered.
21The provisions of Supreme Court Rule 402 relating to pleas of
22guilty do not apply in cases when a defendant enters a guilty
23plea under this provision.
24    (i) The provisions of paragraph (c) shall not apply to a
25defendant charged with violating Section 3-707 of the Illinois
26Vehicle Code or a similar provision of a local ordinance if the

 

 

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1defendant has been assigned supervision for a violation of
2Section 3-707 of the Illinois Vehicle Code or a similar
3provision of a local ordinance.
4    (j) The provisions of paragraph (c) shall not apply to a
5defendant charged with violating Section 6-303 of the Illinois
6Vehicle Code or a similar provision of a local ordinance when
7the revocation or suspension was for a violation of Section
811-501 or a similar provision of a local ordinance or a
9violation of Section 11-501.1 or paragraph (b) of Section
1011-401 of the Illinois Vehicle Code if the defendant has within
11the last 10 years been:
12        (1) convicted for a violation of Section 6-303 of the
13    Illinois Vehicle Code or a similar provision of a local
14    ordinance; or
15        (2) assigned supervision for a violation of Section
16    6-303 of the Illinois Vehicle Code or a similar provision
17    of a local ordinance.
18    (k) The provisions of paragraph (c) shall not apply to a
19defendant charged with violating any provision of the Illinois
20Vehicle Code or a similar provision of a local ordinance that
21governs the movement of vehicles if, within the 12 months
22preceding the date of the defendant's arrest, the defendant has
23been assigned court supervision on 2 occasions for a violation
24that governs the movement of vehicles under the Illinois
25Vehicle Code or a similar provision of a local ordinance. The
26provisions of this paragraph (k) do not apply to a defendant

 

 

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1charged with violating Section 11-501 of the Illinois Vehicle
2Code or a similar provision of a local ordinance.
3    (l) A defendant charged with violating any provision of the
4Illinois Vehicle Code or a similar provision of a local
5ordinance who receives a disposition of supervision under
6subsection (c) shall pay an additional fee of $29, to be
7collected as provided in Sections 27.5 and 27.6 of the Clerks
8of Courts Act. In addition to the $29 fee, the person shall
9also pay a fee of $6, which, if not waived by the court, shall
10be collected as provided in Sections 27.5 and 27.6 of the
11Clerks of Courts Act. The $29 fee shall be disbursed as
12provided in Section 16-104c of the Illinois Vehicle Code. If
13the $6 fee is collected, $5.50 of the fee shall be deposited
14into the Circuit Court Clerk Operation and Administrative Fund
15created by the Clerk of the Circuit Court and 50 cents of the
16fee shall be deposited into the Prisoner Review Board Vehicle
17and Equipment Fund in the State treasury.
18    (m) Any person convicted of, pleading guilty to, or placed
19on supervision for a serious traffic violation, as defined in
20Section 1-187.001 of the Illinois Vehicle Code, a violation of
21Section 11-501 of the Illinois Vehicle Code, or a violation of
22a similar provision of a local ordinance shall pay an
23additional fee of $35, to be disbursed as provided in Section
2416-104d of that Code.
25    This subsection (m) becomes inoperative 7 years after
26October 13, 2007 (the effective date of Public Act 95-154).

 

 

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1    (n) The provisions of paragraph (c) shall not apply to any
2person under the age of 18 who commits an offense against
3traffic regulations governing the movement of vehicles or any
4violation of Section 6-107 or Section 12-603.1 of the Illinois
5Vehicle Code, except upon personal appearance of the defendant
6in court and upon the written consent of the defendant's parent
7or legal guardian, executed before the presiding judge. The
8presiding judge shall have the authority to waive this
9requirement upon the showing of good cause by the defendant.
10    (o) The provisions of paragraph (c) shall not apply to a
11defendant charged with violating Section 6-303 of the Illinois
12Vehicle Code or a similar provision of a local ordinance when
13the suspension was for a violation of Section 11-501.1 of the
14Illinois 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.

 

 

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1    (p) The provisions of paragraph (c) shall not apply to a
2defendant charged with violating Section 11-601.5 of the
3Illinois Vehicle Code or a similar provision of a local
4ordinance.
5    (q) The provisions of paragraph (c) shall not apply to a
6defendant charged with violating subsection (b) of Section
711-601 of the Illinois Vehicle Code when the defendant was
8operating a vehicle, in an urban district, at a speed in excess
9of 25 miles per hour over the posted speed limit.
10    (r) The provisions of paragraph (c) shall not apply to a
11defendant charged with violating any provision of the Illinois
12Vehicle Code or a similar provision of a local ordinance if the
13violation was the proximate cause of the death of another and
14the defendant's driving abstract contains a prior conviction or
15disposition of court supervision for any violation of the
16Illinois Vehicle Code, other than an equipment violation, or a
17suspension, revocation, or cancellation of the driver's
18license.
19(Source: P.A. 96-253, eff. 8-11-09; 96-286, eff. 8-11-09;
2096-328, eff. 8-11-09; 96-625, eff. 1-1-10; 96-1000, eff.
217-2-10; 96-1002, eff. 1-1-11; 96-1175, eff. 9-20-10; 96-1551,
22eff. 7-1-11; 97-333, eff. 8-12-11; 97-597, eff. 1-1-12; 97-831,
23eff. 7-1-13; 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
24    Section 95. No acceleration or delay. Where this Act makes
25changes in a statute that is represented in this Act by text

 

 

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1that is not yet or no longer in effect (for example, a Section
2represented by multiple versions), the use of that text does
3not accelerate or delay the taking effect of (i) the changes
4made by this Act or (ii) provisions derived from any other
5Public Act.