HB1483eng 94TH GENERAL ASSEMBLY



 


 
HB1483 Engrossed LRB094 05026 RLC 37106 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Unified Code of Corrections is amended by
5 changing Section 5-6-1 as follows:
 
6     (730 ILCS 5/5-6-1)  (from Ch. 38, par. 1005-6-1)
7     Sec. 5-6-1. Sentences of Probation and of Conditional
8 Discharge and Disposition of Supervision. The General Assembly
9 finds that in order to protect the public, the criminal justice
10 system must compel compliance with the conditions of probation
11 by responding to violations with swift, certain and fair
12 punishments and intermediate sanctions. The Chief Judge of each
13 circuit shall adopt a system of structured, intermediate
14 sanctions for violations of the terms and conditions of a
15 sentence of probation, conditional discharge or disposition of
16 supervision.
17     (a) Except where specifically prohibited by other
18 provisions of this Code, the court shall impose a sentence of
19 probation or conditional discharge upon an offender unless,
20 having regard to the nature and circumstance of the offense,
21 and to the history, character and condition of the offender,
22 the court is of the opinion that:
23         (1) his imprisonment or periodic imprisonment is
24     necessary for the protection of the public; or
25         (2) probation or conditional discharge would deprecate
26     the seriousness of the offender's conduct and would be
27     inconsistent with the ends of justice; or
28         (3) a combination of imprisonment with concurrent or
29     consecutive probation when an offender has been admitted
30     into a drug court program under Section 20 of the Drug
31     Court Treatment Act is necessary for the protection of the
32     public and for the rehabilitation of the offender.

 

 

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1     The court shall impose as a condition of a sentence of
2 probation, conditional discharge, or supervision, that the
3 probation agency may invoke any sanction from the list of
4 intermediate sanctions adopted by the chief judge of the
5 circuit court for violations of the terms and conditions of the
6 sentence of probation, conditional discharge, or supervision,
7 subject to the provisions of Section 5-6-4 of this Act.
8     (b) The court may impose a sentence of conditional
9 discharge for an offense if the court is of the opinion that
10 neither a sentence of imprisonment nor of periodic imprisonment
11 nor of probation supervision is appropriate.
12     (c) The court may, upon a plea of guilty or a stipulation
13 by the defendant of the facts supporting the charge or a
14 finding of guilt, defer further proceedings and the imposition
15 of a sentence, and enter an order for supervision of the
16 defendant, if the defendant is not charged with: (i) a Class A
17 misdemeanor, as defined by the following provisions of the
18 Criminal Code of 1961: Sections 12-3.2; 12-15; 26-5; 31-1;
19 31-6; 31-7; subsections (b) and (c) of Section 21-1; paragraph
20 (1) through (5), (8), (10), and (11) of subsection (a) of
21 Section 24-1; (ii) a Class A misdemeanor violation of Section
22 3.01, 3.03-1, or 4.01 of the Humane Care for Animals Act; or
23 (iii) felony. If the defendant is not barred from receiving an
24 order for supervision as provided in this subsection, the court
25 may enter an order for supervision after considering the
26 circumstances of the offense, and the history, character and
27 condition of the offender, if the court is of the opinion that:
28         (1) the offender is not likely to commit further
29     crimes;
30         (2) the defendant and the public would be best served
31     if the defendant were not to receive a criminal record; and
32         (3) in the best interests of justice an order of
33     supervision is more appropriate than a sentence otherwise
34     permitted under this Code.
35     (d) The provisions of paragraph (c) shall not apply to a
36 defendant charged with violating Section 11-501 of the Illinois

 

 

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1 Vehicle Code or a similar provision of a local ordinance when
2 the defendant has previously been:
3         (1) convicted for a violation of Section 11-501 of the
4     Illinois Vehicle Code or a similar provision of a local
5     ordinance or any similar law or ordinance of another state;
6     or
7         (2) assigned supervision for a violation of Section
8     11-501 of the Illinois Vehicle Code or a similar provision
9     of a local ordinance or any similar law or ordinance of
10     another state; or
11         (3) pleaded guilty to or stipulated to the facts
12     supporting a charge or a finding of guilty to a violation
13     of Section 11-503 of the Illinois Vehicle Code or a similar
14     provision of a local ordinance or any similar law or
15     ordinance of another state, and the plea or stipulation was
16     the result of a plea agreement.
17     The court shall consider the statement of the prosecuting
18 authority with regard to the standards set forth in this
19 Section.
20     (e) The provisions of paragraph (c) shall not apply to a
21 defendant charged with violating Section 16A-3 of the Criminal
22 Code of 1961 if said defendant has within the last 5 years
23 been:
24         (1) convicted for a violation of Section 16A-3 of the
25     Criminal Code of 1961; or
26         (2) assigned supervision for a violation of Section
27     16A-3 of the Criminal Code of 1961.
28     The court shall consider the statement of the prosecuting
29 authority with regard to the standards set forth in this
30 Section.
31     (f) The provisions of paragraph (c) shall not apply to a
32 defendant charged with violating Sections 15-111, 15-112,
33 15-301, paragraph (b) of Section 6-104, Section 11-605, or
34 Section 11-1414 of the Illinois Vehicle Code or a similar
35 provision of a local ordinance.
36     (g) Except as otherwise provided in paragraph (i) of this

 

 

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1 Section, the provisions of paragraph (c) shall not apply to a
2 defendant charged with violating Section 3-707, 3-708, 3-710,
3 or 5-401.3 of the Illinois Vehicle Code or a similar provision
4 of a local ordinance if the defendant has within the last 5
5 years been:
6         (1) convicted for a violation of Section 3-707, 3-708,
7     3-710, or 5-401.3 of the Illinois Vehicle Code or a similar
8     provision of a local ordinance; or
9         (2) assigned supervision for a violation of Section
10     3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
11     Code or a similar provision of a local ordinance.
12     The court shall consider the statement of the prosecuting
13 authority with regard to the standards set forth in this
14 Section.
15     (h) The provisions of paragraph (c) shall not apply to a
16 defendant under the age of 21 years charged with violating a
17 serious traffic offense as defined in Section 1-187.001 of the
18 Illinois Vehicle Code:
19         (1) unless the defendant, upon payment of the fines,
20     penalties, and costs provided by law, agrees to attend and
21     successfully complete a traffic safety program approved by
22     the court under standards set by the Conference of Chief
23     Circuit Judges. The accused shall be responsible for
24     payment of any traffic safety program fees. If the accused
25     fails to file a certificate of successful completion on or
26     before the termination date of the supervision order, the
27     supervision shall be summarily revoked and conviction
28     entered. The provisions of Supreme Court Rule 402 relating
29     to pleas of guilty do not apply in cases when a defendant
30     enters a guilty plea under this provision; or
31         (2) if the defendant has previously been sentenced
32     under the provisions of paragraph (c) on or after January
33     1, 1998 for any serious traffic offense as defined in
34     Section 1-187.001 of the Illinois Vehicle Code.
35     (i) The provisions of paragraph (c) shall not apply to a
36 defendant charged with violating Section 3-707 of the Illinois

 

 

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1 Vehicle Code or a similar provision of a local ordinance if the
2 defendant has been assigned supervision for a violation of
3 Section 3-707 of the Illinois Vehicle Code or a similar
4 provision of a local ordinance.
5     (j) The provisions of paragraph (c) shall not apply to a
6 defendant charged with violating Section 6-303 of the Illinois
7 Vehicle Code or a similar provision of a local ordinance when
8 the revocation or suspension was for a violation of Section
9 11-501 or a similar provision of a local ordinance, a violation
10 of Section 11-501.1 or paragraph (b) of Section 11-401 of the
11 Illinois Vehicle Code, or a violation of Section 9-3 of the
12 Criminal Code of 1961 if the defendant has within the last 10
13 years been:
14         (1) convicted for a violation of Section 6-303 of the
15     Illinois Vehicle Code or a similar provision of a local
16     ordinance; or
17         (2) assigned supervision for a violation of Section
18     6-303 of the Illinois Vehicle Code or a similar provision
19     of a local ordinance.
20     (k) The provisions of paragraph (c) shall not apply to a
21 defendant charged with violating any provision of the Illinois
22 Vehicle Code or a similar provision of a local ordinance that
23 governs the movement of vehicles if, within the 12 months
24 preceding the date of the defendant's arrest, the defendant has
25 been assigned court supervision on 2 occasions for a violation
26 that governs the movement of vehicles under the Illinois
27 Vehicle Code or a similar provision of a local ordinance.
28 (Source: P.A. 93-388, eff. 7-25-03; 93-1014, eff. 1-1-05.)