Full Text of HB4521 94th General Assembly
HB4521ham002 94TH GENERAL ASSEMBLY
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Rep. Jim Sacia
Filed: 2/2/2006
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09400HB4521ham002 |
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LRB094 17027 DRH 55401 a |
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| AMENDMENT TO HOUSE BILL 4521
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| AMENDMENT NO. ______. Amend House Bill 4521, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following: | 5 |
| "Section 5. The State Finance Act is amended by changing | 6 |
| Section 8h as follows: | 7 |
| (30 ILCS 105/8h)
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| Sec. 8h. Transfers to General Revenue Fund. | 9 |
| (a) Except as provided in subsection (b), notwithstanding | 10 |
| any other
State law to the contrary, the Governor
may, through | 11 |
| June 30, 2007, from time to time direct the State Treasurer and | 12 |
| Comptroller to transfer
a specified sum from any fund held by | 13 |
| the State Treasurer to the General
Revenue Fund in order to | 14 |
| help defray the State's operating costs for the
fiscal year. | 15 |
| The total transfer under this Section from any fund in any
| 16 |
| fiscal year shall not exceed the lesser of (i) 8% of the | 17 |
| revenues to be deposited
into the fund during that fiscal year | 18 |
| or (ii) an amount that leaves a remaining fund balance of 25% | 19 |
| of the July 1 fund balance of that fiscal year. In fiscal year | 20 |
| 2005 only, prior to calculating the July 1, 2004 final | 21 |
| balances, the Governor may calculate and direct the State | 22 |
| Treasurer with the Comptroller to transfer additional amounts | 23 |
| determined by applying the formula authorized in Public Act | 24 |
| 93-839 to the funds balances on July 1, 2003.
No transfer may |
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| be made from a fund under this Section that would have the
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| effect of reducing the available balance in the fund to an | 3 |
| amount less than
the amount remaining unexpended and unreserved | 4 |
| from the total appropriation
from that fund estimated to be | 5 |
| expended for that fiscal year. This Section does not apply to | 6 |
| any
funds that are restricted by federal law to a specific use, | 7 |
| to any funds in
the Motor Fuel Tax Fund, the Intercity | 8 |
| Passenger Rail Fund, the Hospital Provider Fund, the Medicaid | 9 |
| Provider Relief Fund, the Teacher Health Insurance Security | 10 |
| Fund, the Reviewing Court Alternative Dispute Resolution Fund, | 11 |
| or the Voters' Guide Fund, the Foreign Language Interpreter | 12 |
| Fund, the Lawyers' Assistance Program Fund, the Supreme Court | 13 |
| Federal Projects Fund, the Supreme Court Special State Projects | 14 |
| Fund, or the Low-Level Radioactive Waste Facility Development | 15 |
| and Operation Fund, or the Hospital Basic Services Preservation | 16 |
| Fund, or to any
funds to which subsection (f) of Section 20-40 | 17 |
| of the Nursing and Advanced Practice Nursing Act applies. No | 18 |
| transfers may be made under this Section from the Pet | 19 |
| Population Control Fund. Notwithstanding any
other provision | 20 |
| of this Section, for fiscal year 2004,
the total transfer under | 21 |
| this Section from the Road Fund or the State
Construction | 22 |
| Account Fund shall not exceed the lesser of (i) 5% of the | 23 |
| revenues to be deposited
into the fund during that fiscal year | 24 |
| or (ii) 25% of the beginning balance in the fund.
For fiscal | 25 |
| year 2005 through fiscal year 2007, no amounts may be | 26 |
| transferred under this Section from the Road Fund, the State | 27 |
| Construction Account Fund, the Criminal Justice Information | 28 |
| Systems Trust Fund, the Wireless Service Emergency Fund, or the | 29 |
| Mandatory Arbitration Fund. No amounts may be transferred under | 30 |
| this Section from the State Police Vehicle Fund.
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| In determining the available balance in a fund, the | 32 |
| Governor
may include receipts, transfers into the fund, and | 33 |
| other
resources anticipated to be available in the fund in that | 34 |
| fiscal year.
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| The State Treasurer and Comptroller shall transfer the | 2 |
| amounts designated
under this Section as soon as may be | 3 |
| practicable after receiving the direction
to transfer from the | 4 |
| Governor.
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| (b) This Section does not apply to: (i) the Ticket For The | 6 |
| Cure Fund ; (ii)
or to any fund established under the Community | 7 |
| Senior Services and Resources Act; or (iii)
(ii) on or after | 8 |
| January 1, 2006 ( the effective date of Public Act 94-511)
this | 9 |
| amendatory Act of the 94th General Assembly , the Child Labor | 10 |
| and Day and Temporary Labor Enforcement Fund. | 11 |
| (c) This Section does not apply to the Demutualization | 12 |
| Trust Fund established under the Uniform Disposition of | 13 |
| Unclaimed Property Act.
| 14 |
| (d)
(c) This Section does not apply to moneys set aside in | 15 |
| the Illinois State Podiatric Disciplinary Fund for podiatric | 16 |
| scholarships and residency programs under the Podiatric | 17 |
| Scholarship and Residency Act. | 18 |
| (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, | 19 |
| eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; | 20 |
| 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. | 21 |
| 1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff. | 22 |
| 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645, | 23 |
| eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05; | 24 |
| 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; revised 1-23-06.)
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| Section 10. The Illinois Vehicle Code is amended by adding | 26 |
| Section 16-104c as follows: | 27 |
| (625 ILCS 5/16-104c new) | 28 |
| Sec. 16-104c. Court supervision fees. | 29 |
| (a) Any person who, after a court appearance in the same | 30 |
| matter, receives a disposition of court supervision for a | 31 |
| violation of any provision of this Code shall pay an additional | 32 |
| fee of $20, which shall be disbursed as follows: |
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| (1) if an officer of the Department of State Police | 2 |
| arrested the person for the violation, the $20 fee shall be | 3 |
| deposited into the State Police Vehicle Fund; or
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| (2) if an officer of any law enforcement agency in the | 5 |
| State other than the Department of State Police arrested | 6 |
| the person for the violation, the $20 fee shall be paid to | 7 |
| the law enforcement agency that employed the arresting | 8 |
| officer and shall be used for the acquisition or | 9 |
| maintenance of police vehicles.
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| (b) In addition to the fee provided for in subsection (a), | 11 |
| a person who, after a court appearance in the same matter, | 12 |
| receives a disposition of court supervision for any violation | 13 |
| of this Code shall also pay an additional fee of $5, which, if | 14 |
| not waived by the court, shall be deposited into the Circuit | 15 |
| Court Clerk Operation and Administrative Fund created by the | 16 |
| Clerk of the Circuit Court.
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| Section 15. The Clerks of Courts Act is amended by changing | 18 |
| Section 27.5 and adding Section 27.3d as follows: | 19 |
| (705 ILCS 105/27.3d new)
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| Sec. 27.3d. Circuit Court Clerk Operation and | 21 |
| Administrative Fund.
Each Circuit Clerk shall create a Circuit | 22 |
| Court Clerk Operation and Administrative Fund, to be used to | 23 |
| offset the costs incurred by the Circuit Court Clerk in | 24 |
| performing the additional duties required to collect and | 25 |
| disburse funds to entities of State and local government as | 26 |
| provided by law. The Circuit Court Clerk shall be the | 27 |
| custodian, ex officio, of this Fund and shall use the Fund to | 28 |
| perform the duties required by the office. The Fund shall be | 29 |
| audited by the auditor retained by the Clerk for the purpose of | 30 |
| conducting the Annual Circuit Clerk Audit. Expenditures shall | 31 |
| be made from the Fund by the Circuit Court Clerk for expenses | 32 |
| related to the cost of collection for and disbursement to |
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| entities of State and local government. | 2 |
| (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
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| Sec. 27.5. (a) All fees, fines, costs, additional | 4 |
| penalties, bail balances
assessed or forfeited, and any other | 5 |
| amount paid by a person to the circuit
clerk that equals an | 6 |
| amount less than $55, except restitution under Section
5-5-6 of | 7 |
| the Unified Code of Corrections, reimbursement for the costs of | 8 |
| an
emergency response as provided under Section 11-501 of the | 9 |
| Illinois Vehicle
Code, the court supervision fees collected | 10 |
| under Section 16-104c of the Illinois Vehicle Code, any fees | 11 |
| collected for attending a traffic safety program under
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| paragraph (c) of Supreme Court Rule 529, any fee collected on | 13 |
| behalf of a
State's Attorney under Section 4-2002 of the | 14 |
| Counties Code or a sheriff under
Section 4-5001 of the Counties | 15 |
| Code, or any cost imposed under Section 124A-5
of the Code of | 16 |
| Criminal Procedure of 1963, for convictions, orders of
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| supervision, or any other disposition for a violation of | 18 |
| Chapters 3, 4, 6,
11, and 12 of the Illinois Vehicle Code, or a | 19 |
| similar provision of a local
ordinance, and any violation of | 20 |
| the Child Passenger Protection Act, or a
similar provision of a | 21 |
| local ordinance, and except as provided in subsection
(b) shall | 22 |
| be disbursed within 60 days after receipt by the circuit
clerk | 23 |
| as follows: 47% shall be disbursed to the entity authorized by | 24 |
| law to
receive the fine imposed in the case; 12% shall be | 25 |
| disbursed to the State
Treasurer; and 41% shall be disbursed to | 26 |
| the county's general corporate fund.
Of the 12% disbursed to | 27 |
| the State Treasurer, 1/6 shall be deposited by the
State | 28 |
| Treasurer into the Violent Crime Victims Assistance Fund, 1/2 | 29 |
| shall be
deposited into the Traffic and Criminal Conviction | 30 |
| Surcharge Fund, and 1/3
shall be deposited into the Drivers | 31 |
| Education Fund. For fiscal years 1992 and
1993, amounts | 32 |
| deposited into the Violent Crime Victims Assistance Fund, the
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| Traffic and Criminal Conviction Surcharge Fund, or the Drivers |
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| Education Fund
shall not exceed 110% of the amounts deposited | 2 |
| into those funds in fiscal year
1991. Any amount that exceeds | 3 |
| the 110% limit shall be distributed as follows:
50% shall be | 4 |
| disbursed to the county's general corporate fund and 50% shall | 5 |
| be
disbursed to the entity authorized by law to receive the | 6 |
| fine imposed in the
case. Not later than March 1 of each year | 7 |
| the circuit clerk
shall submit a report of the amount of funds | 8 |
| remitted to the State
Treasurer under this Section during the | 9 |
| preceding year based upon
independent verification of fines and | 10 |
| fees. All counties shall be subject
to this Section, except | 11 |
| that counties with a population under 2,000,000
may, by | 12 |
| ordinance, elect not to be subject to this Section. For | 13 |
| offenses
subject to this Section, judges shall impose one total | 14 |
| sum of money payable
for violations. The circuit clerk may add | 15 |
| on no additional amounts except
for amounts that are required | 16 |
| by Sections 27.3a and 27.3c of
this Act, unless those amounts | 17 |
| are specifically waived by the judge. With
respect to money | 18 |
| collected by the circuit clerk as a result of
forfeiture of | 19 |
| bail, ex parte judgment or guilty plea pursuant to Supreme
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| Court Rule 529, the circuit clerk shall first deduct and pay | 21 |
| amounts
required by Sections 27.3a and 27.3c of this Act. This | 22 |
| Section is a denial
and limitation of home rule powers and | 23 |
| functions under subsection (h) of
Section 6 of Article VII of | 24 |
| the Illinois Constitution.
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| (b) The following amounts must be remitted to the State | 26 |
| Treasurer for
deposit into the Illinois Animal Abuse Fund:
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| (1) 50% of the amounts collected for felony offenses | 28 |
| under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | 29 |
| 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | 30 |
| Animals Act and Section 26-5 of the Criminal Code of
1961;
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| (2) 20% of the amounts collected for Class A and Class | 32 |
| B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | 33 |
| 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | 34 |
| for Animals Act and Section 26-5 of the Criminal
Code of |
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| 1961; and
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| (3) 50% of the amounts collected for Class C | 3 |
| misdemeanors under
Sections 4.01 and 7.1 of the Humane Care | 4 |
| for Animals Act and Section 26-5
of the Criminal Code of | 5 |
| 1961.
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| (Source: P.A. 92-454, eff. 1-1-02; 92-650, eff. 7-11-02; | 7 |
| 93-800, eff. 1-1-05.)
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| Section 20. The Unified Code of Corrections is amended by | 9 |
| changing Section 5-6-1 as follows:
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| (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
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| Sec. 5-6-1. Sentences of Probation and of Conditional
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| Discharge and Disposition of Supervision.
The General Assembly | 13 |
| finds that in order to protect the public, the
criminal justice | 14 |
| system must compel compliance with the conditions of probation
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| by responding to violations with swift, certain and fair | 16 |
| punishments and
intermediate sanctions. The Chief Judge of each | 17 |
| circuit shall adopt a system of
structured, intermediate | 18 |
| sanctions for violations of the terms and conditions
of a | 19 |
| sentence of probation, conditional discharge or disposition of
| 20 |
| supervision.
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| (a) Except where specifically prohibited by other
| 22 |
| provisions of this Code, the court shall impose a sentence
of | 23 |
| probation or conditional discharge upon an offender
unless, | 24 |
| having regard to the nature and circumstance of
the offense, | 25 |
| and to the history, character and condition
of the offender, | 26 |
| the court is of the opinion that:
| 27 |
| (1) his imprisonment or periodic imprisonment is | 28 |
| necessary
for the protection of the public; or
| 29 |
| (2) probation or conditional discharge would deprecate
| 30 |
| the seriousness of the offender's conduct and would be
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| inconsistent with the ends of justice; or
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| (3) a combination of imprisonment with concurrent or |
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| consecutive probation when an offender has been admitted | 2 |
| into a drug court program under Section 20 of the Drug | 3 |
| Court Treatment Act is necessary for the protection of the | 4 |
| public and for the rehabilitation of the offender.
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| The court shall impose as a condition of a sentence of | 6 |
| probation,
conditional discharge, or supervision, that the | 7 |
| probation agency may invoke any
sanction from the list of | 8 |
| intermediate sanctions adopted by the chief judge of
the | 9 |
| circuit court for violations of the terms and conditions of the | 10 |
| sentence of
probation, conditional discharge, or supervision, | 11 |
| subject to the provisions of
Section 5-6-4 of this Act.
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| (b) The court may impose a sentence of conditional
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| discharge for an offense if the court is of the opinion
that | 14 |
| neither a sentence of imprisonment nor of periodic
imprisonment | 15 |
| nor of probation supervision is appropriate.
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| (b-1) Subsections (a) and (b) of this Section do not apply | 17 |
| to a defendant charged with a misdemeanor or felony under the | 18 |
| Illinois Vehicle Code or reckless homicide under Section 9-3 of | 19 |
| the Criminal Code of 1961 if the defendant within the past 12 | 20 |
| months has been convicted of or pleaded guilty to a misdemeanor | 21 |
| or felony under the Illinois Vehicle Code or reckless homicide | 22 |
| under Section 9-3 of the Criminal Code of 1961. | 23 |
| (c) The court may, upon a plea of guilty or a stipulation
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| by the defendant of the facts supporting the charge or a
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| finding of guilt, defer further proceedings and the
imposition | 26 |
| of a sentence, and enter an order for supervision of the | 27 |
| defendant,
if the defendant is not charged with: (i) a Class A | 28 |
| misdemeanor, as
defined by the following provisions of the | 29 |
| Criminal Code of 1961: Sections
11-9.1; 12-3.2; 12-15; 26-5; | 30 |
| 31-1; 31-6; 31-7; subsections (b) and (c) of Section
21-1;
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| paragraph (1) through (5), (8), (10), and (11) of subsection | 32 |
| (a) of Section
24-1; (ii) a Class A misdemeanor violation of | 33 |
| Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals | 34 |
| Act; or (iii)
felony.
If the defendant
is not barred from |
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| receiving an order for supervision as provided in this
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| subsection, the court may enter an order for supervision after | 3 |
| considering the
circumstances of the offense, and the history,
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| character and condition of the offender, if the court is of the | 5 |
| opinion
that:
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| (1) the offender is not likely to commit further | 7 |
| crimes;
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| (2) the defendant and the public would be best served | 9 |
| if the
defendant were not to receive a criminal record; and
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| (3) in the best interests of justice an order of | 11 |
| supervision
is more appropriate than a sentence otherwise | 12 |
| permitted under this Code.
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| (d) The provisions of paragraph (c) shall not apply to a | 14 |
| defendant charged
with violating Section 11-501 of the Illinois | 15 |
| Vehicle Code or a similar
provision of a local
ordinance when | 16 |
| the defendant has previously been:
| 17 |
| (1) convicted for a violation of Section 11-501 of
the | 18 |
| Illinois Vehicle
Code or a similar provision of a
local | 19 |
| ordinance or any similar law or ordinance of another state; | 20 |
| or
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| (2) assigned supervision for a violation of Section | 22 |
| 11-501 of the Illinois
Vehicle Code or a similar provision | 23 |
| of a local ordinance or any similar law
or ordinance of | 24 |
| another state; or
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| (3) pleaded guilty to or stipulated to the facts | 26 |
| supporting
a charge or a finding of guilty to a violation | 27 |
| of Section 11-503 of the
Illinois Vehicle Code or a similar | 28 |
| provision of a local ordinance or any
similar law or | 29 |
| ordinance of another state, and the
plea or stipulation was | 30 |
| the result of a plea agreement.
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| The court shall consider the statement of the prosecuting
| 32 |
| authority with regard to the standards set forth in this | 33 |
| Section.
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| (e) The provisions of paragraph (c) shall not apply to a |
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| defendant
charged with violating Section 16A-3 of the Criminal | 2 |
| Code of 1961 if said
defendant has within the last 5 years | 3 |
| been:
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| (1) convicted for a violation of Section 16A-3 of the | 5 |
| Criminal Code of
1961; or
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| (2) assigned supervision for a violation of Section | 7 |
| 16A-3 of the Criminal
Code of 1961.
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| The court shall consider the statement of the prosecuting | 9 |
| authority with
regard to the standards set forth in this | 10 |
| Section.
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| (f) The provisions of paragraph (c) shall not apply to a | 12 |
| defendant
charged with violating Sections 15-111, 15-112, | 13 |
| 15-301, paragraph (b)
of Section 6-104, Section 11-605, or | 14 |
| Section 11-1414
of the Illinois Vehicle Code or a similar | 15 |
| provision of a local ordinance.
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| (g) Except as otherwise provided in paragraph (i) of this | 17 |
| Section, the
provisions of paragraph (c) shall not apply to a
| 18 |
| defendant charged with violating Section
3-707, 3-708, 3-710, | 19 |
| or 5-401.3
of the Illinois Vehicle Code or a similar provision | 20 |
| of a local ordinance if the
defendant has within the last 5 | 21 |
| years been:
| 22 |
| (1) convicted for a violation of Section 3-707, 3-708, | 23 |
| 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | 24 |
| provision of a local
ordinance; or
| 25 |
| (2) assigned supervision for a violation of Section | 26 |
| 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle | 27 |
| Code or a similar provision of a local
ordinance.
| 28 |
| The court shall consider the statement of the prosecuting | 29 |
| authority with
regard to the standards set forth in this | 30 |
| Section.
| 31 |
| (h) The provisions of paragraph (c) shall not apply to a | 32 |
| defendant under
the age of 21 years charged with violating a | 33 |
| serious traffic offense as defined
in Section 1-187.001 of the | 34 |
| Illinois Vehicle Code:
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| (1) unless the defendant, upon payment of the fines, | 2 |
| penalties, and costs
provided by law, agrees to attend and | 3 |
| successfully complete a traffic safety
program approved by | 4 |
| the court under standards set by the Conference of Chief
| 5 |
| Circuit Judges. The accused shall be responsible for | 6 |
| payment of any traffic
safety program fees. If the accused | 7 |
| fails to file a certificate of
successful completion on or | 8 |
| before the termination date of the supervision
order, the | 9 |
| supervision shall be summarily revoked and conviction | 10 |
| entered. The
provisions of Supreme Court Rule 402 relating | 11 |
| to pleas of guilty do not apply
in cases when a defendant | 12 |
| enters a guilty plea under this provision; or
| 13 |
| (2) if the defendant has previously been sentenced | 14 |
| under the provisions of
paragraph (c) on or after January | 15 |
| 1, 1998 for any serious traffic offense as
defined in | 16 |
| Section 1-187.001 of the Illinois Vehicle Code.
| 17 |
| (i) The provisions of paragraph (c) shall not apply to a | 18 |
| defendant charged
with violating Section 3-707 of the Illinois | 19 |
| Vehicle Code or a similar
provision of a local ordinance if the | 20 |
| defendant has been assigned supervision
for a violation of | 21 |
| Section 3-707 of the Illinois Vehicle Code or a similar
| 22 |
| provision of a local ordinance.
| 23 |
| (j) The provisions of paragraph (c) shall not apply to a
| 24 |
| defendant charged with violating
Section 6-303 of the Illinois | 25 |
| Vehicle Code or a similar provision of
a local ordinance when | 26 |
| the revocation or suspension was for a violation of
Section | 27 |
| 11-501 or a similar provision of a local ordinance, a violation | 28 |
| of
Section 11-501.1 or paragraph (b) of Section 11-401 of the | 29 |
| Illinois Vehicle
Code, or a violation of Section 9-3 of the | 30 |
| Criminal Code of 1961 if the
defendant has within the last 10 | 31 |
| years been:
| 32 |
| (1) convicted for a violation of Section 6-303 of the | 33 |
| Illinois Vehicle
Code or a similar provision of a local | 34 |
| ordinance; or
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| (2) assigned supervision for a violation of Section | 2 |
| 6-303 of the Illinois
Vehicle Code or a similar provision | 3 |
| of a local ordinance. | 4 |
| (k) The provisions of paragraph (c) shall not apply to a
| 5 |
| defendant charged with violating
any provision of the Illinois | 6 |
| Vehicle Code or a similar provision of a local ordinance that | 7 |
| governs the movement of vehicles if, within the 12 months | 8 |
| preceding the date of the defendant's arrest, the defendant has | 9 |
| been assigned court supervision on 2 occasions for a violation | 10 |
| that governs the movement of vehicles under the Illinois | 11 |
| Vehicle Code or a similar provision of a local ordinance.
| 12 |
| (l) A defendant charged with violating any provision of the | 13 |
| Illinois Vehicle Code who, after a court appearance in the same | 14 |
| matter, receives a disposition of supervision under subsection | 15 |
| (c) shall pay additional fees of $20 and $5, to be disbursed as | 16 |
| provided in Section 16-104c of the Illinois Vehicle Code.
| 17 |
| (Source: P.A. 93-388, eff. 7-25-03; 93-1014, eff. 1-1-05; | 18 |
| 94-169, eff. 1-1-06; 94-330, eff. 1-1-06; 94-375, eff. 1-1-06; | 19 |
| revised 8-19-05.)".
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