Full Text of HB5845 95th General Assembly
HB5845ham001 95TH GENERAL ASSEMBLY
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Judiciary I - Civil Law Committee
Adopted in House Comm. on May 07, 2008
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LRB095 16116 WGH 49662 a |
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| AMENDMENT TO HOUSE BILL 5845
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| AMENDMENT NO. ______. Amend House Bill 5845 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Fire Investigation Act is amended by | 5 |
| changing Section 13.1 as follows:
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| (425 ILCS 25/13.1) (from Ch. 127 1/2, par. 17.1)
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| Sec. 13.1. (a) There shall be a special fund in the State | 8 |
| Treasury
known as the Fire Prevention Fund.
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| (b) The following moneys shall be deposited into the Fund:
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| (1) Moneys received by the Department of Insurance | 11 |
| under Section 12 of this Act.
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| (2) All fees and reimbursements received by the Office | 13 |
| of the State Fire Marshal.
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| (3) All receipts from boiler and pressure vessel | 15 |
| certification, as
provided in Section 13 of the Boiler and | 16 |
| Pressure Vessel Safety Act.
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| (4) Such other moneys as may be provided by law.
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| (c) The moneys in the Fire Prevention Fund shall be used, | 3 |
| subject to
appropriation, for the following purposes:
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| (1) Of the moneys deposited into the fund under Section | 5 |
| 12 of this Act,
12.5% shall be available for the | 6 |
| maintenance of the Illinois Fire Service
Institute and the | 7 |
| expenses, facilities, and structures incident thereto,
and | 8 |
| for making transfers into the General Obligation Bond | 9 |
| Retirement and
Interest Fund for debt service requirements | 10 |
| on bonds issued by the State of
Illinois after January 1, | 11 |
| 1986 for the purpose of constructing a training
facility | 12 |
| for use by the Institute.
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| (2) Of the moneys deposited into the Fund under Section | 14 |
| 12 of this Act,
10% shall be available for the maintenance | 15 |
| of the Chicago Fire Department
Training Program and the | 16 |
| expenses, facilities and structures incident
thereto, in | 17 |
| addition to any moneys payable from the Fund to the City of
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| Chicago pursuant to the Illinois Fire Protection Training | 19 |
| Act.
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| (3) For making payments to local governmental agencies | 21 |
| and individuals
pursuant to Section 10 of the Illinois Fire | 22 |
| Protection Training Act.
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| (4) For the maintenance and operation of the Office of | 24 |
| the State Fire
Marshal, and the expenses incident thereto.
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| (5) For any other purpose authorized by law.
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| (c-5) As soon as possible after the effective date of this |
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| amendatory Act of the 95th General Assembly, the Comptroller | 2 |
| shall order the transfer and the Treasurer shall transfer | 3 |
| $2,000,000 from the Fire Prevention Fund to the Fire Service | 4 |
| and Small Equipment Fund, $9,000,000 from the Fire Prevention | 5 |
| Fund to the Fire Truck Revolving Loan Fund, and $4,000,000 from | 6 |
| the Fire Prevention Fund to the Ambulance Revolving Loan Fund. | 7 |
| Beginning on July 1, 2008, each month, or as soon as practical | 8 |
| thereafter, an amount equal to $2 from each fine received shall | 9 |
| be transferred from the Fire Prevention Fund to the Fire | 10 |
| Service and Small Equipment Fund, an amount equal to $1.50 from | 11 |
| each fine received shall be transferred from the Fire | 12 |
| Prevention Fund to the Fire Truck Revolving Loan Fund, and an | 13 |
| amount equal to $4 from each fine received shall be transferred | 14 |
| from the Fire Prevention Fund to the Ambulance Revolving Loan | 15 |
| Fund. These moneys shall be transferred from the moneys | 16 |
| deposited into the Fire Prevention Fund pursuant to Public Act | 17 |
| 95-154, together with not
more than 25% of any unspent | 18 |
| appropriations from the prior fiscal year. These moneys may be | 19 |
| allocated to the Fire Truck Revolving Loan Fund,
Ambulance | 20 |
| Revolving Loan Fund, and Small Equipment Fund at the
discretion | 21 |
| of the Office of the State Fire Marshal for the purposes of | 22 |
| implementation of this Act any other moneys as may be necessary | 23 |
| to carry out this mandate .
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| (d) Any portion of the Fire Prevention Fund remaining | 25 |
| unexpended at the
end of any fiscal year which is not needed | 26 |
| for the maintenance and expenses of the
Office of the State |
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| Fire Marshal or the maintenance and expenses of the
Illinois | 2 |
| Fire Service Institute, shall remain in the Fire Prevention | 3 |
| Fund for the exclusive and restricted uses provided in | 4 |
| subsections
(c) and (c-5) of this Section.
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| (e) The Office of the State Fire Marshal shall keep on file | 6 |
| an itemized
statement of all expenses incurred which are | 7 |
| payable from the Fund, other
than expenses incurred by the | 8 |
| Illinois Fire Service Institute, and shall
approve all vouchers | 9 |
| issued therefor before they are submitted to the State
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| Comptroller for payment. Such vouchers shall be allowed and | 11 |
| paid in the
same manner as other claims against the State.
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| (Source: P.A. 95-717, eff. 4-8-08.)
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| Section 10. The Illinois Vehicle Code is amended by | 14 |
| changing Section 16-104d as follows: | 15 |
| (625 ILCS 5/16-104d) | 16 |
| Sec. 16-104d. Additional fee; serious traffic violation. | 17 |
| Any person who is convicted of , or pleads guilty to , or is | 18 |
| placed on supervision for a serious traffic violation, as | 19 |
| defined in Section 1-187.001 of this Code, a violation of | 20 |
| Section 11-501 of this Code, or a violation of a similar | 21 |
| provision of a local ordinance shall pay an additional fee of | 22 |
| $20. Of that fee, $7.50 shall be deposited into the Fire | 23 |
| Prevention Fund in the State treasury, $7.50 shall be deposited | 24 |
| into the Fire Truck Revolving Loan Fund in the State treasury, |
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| and $5 shall be deposited into the Circuit Court Clerk | 2 |
| Operation and Administrative Fund created by the Clerk of the | 3 |
| Circuit Court. | 4 |
| This Section becomes inoperative 7 years after the | 5 |
| effective date of this amendatory Act of the 95th General | 6 |
| Assembly.
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| (Source: P.A. 95-154, eff. 10-13-07.)
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| Section 15. The Clerks of Courts Act is amended by changing | 9 |
| Sections 27.5 and 27.6 as follows:
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| (705 ILCS 105/27.5) (from Ch. 25, par. 27.5) | 11 |
| Sec. 27.5. (a) All fees, fines, costs, additional | 12 |
| penalties, bail balances
assessed or forfeited, and any other | 13 |
| amount paid by a person to the circuit
clerk that equals an | 14 |
| amount less than $55, except restitution under Section
5-5-6 of | 15 |
| the Unified Code of Corrections, reimbursement for the costs of | 16 |
| an
emergency response as provided under Section 11-501 of the | 17 |
| Illinois Vehicle
Code, any fees collected for attending a | 18 |
| traffic safety program under
paragraph (c) of Supreme Court | 19 |
| Rule 529, any fee collected on behalf of a
State's Attorney | 20 |
| under Section 4-2002 of the Counties Code or a sheriff under
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| Section 4-5001 of the Counties Code, or any cost imposed under | 22 |
| Section 124A-5
of the Code of Criminal Procedure of 1963, for | 23 |
| convictions, orders of
supervision, or any other disposition | 24 |
| for a violation of Chapters 3, 4, 6,
11, and 12 of the Illinois |
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| Vehicle Code, or a similar provision of a local
ordinance, and | 2 |
| any violation of the Child Passenger Protection Act, or a
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| similar provision of a local ordinance, and except as provided | 4 |
| in subsection
(b) shall be disbursed within 60 days after | 5 |
| receipt by the circuit
clerk as follows: 47% shall be disbursed | 6 |
| to the entity authorized by law to
receive the fine imposed in | 7 |
| the case; 12% shall be disbursed to the State
Treasurer; and | 8 |
| 41% shall be disbursed to the county's general corporate fund.
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| Of the 12% disbursed to the State Treasurer, 1/6 shall be | 10 |
| deposited by the
State Treasurer into the Violent Crime Victims | 11 |
| Assistance Fund, 1/2 shall be
deposited into the Traffic and | 12 |
| Criminal Conviction Surcharge Fund, and 1/3
shall be deposited | 13 |
| into the Drivers Education Fund. For fiscal years 1992 and
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| 1993, amounts deposited into the Violent Crime Victims | 15 |
| Assistance Fund, the
Traffic and Criminal Conviction Surcharge | 16 |
| Fund, or the Drivers Education Fund
shall not exceed 110% of | 17 |
| the amounts deposited into those funds in fiscal year
1991. Any | 18 |
| amount that exceeds the 110% limit shall be distributed as | 19 |
| follows:
50% shall be disbursed to the county's general | 20 |
| corporate fund and 50% shall be
disbursed to the entity | 21 |
| authorized by law to receive the fine imposed in the
case. Not | 22 |
| later than March 1 of each year the circuit clerk
shall submit | 23 |
| a report of the amount of funds remitted to the State
Treasurer | 24 |
| under this Section during the preceding year based upon
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| independent verification of fines and fees. All counties shall | 26 |
| be subject
to this Section, except that counties with a |
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| population under 2,000,000
may, by ordinance, elect not to be | 2 |
| subject to this Section. For offenses
subject to this Section, | 3 |
| judges shall impose one total sum of money payable
for | 4 |
| violations. The circuit clerk may add on no additional amounts | 5 |
| except
for amounts that are required by Sections 27.3a and | 6 |
| 27.3c of
this Act, unless those amounts are specifically waived | 7 |
| by the judge. With
respect to money collected by the circuit | 8 |
| clerk as a result of
forfeiture of bail, ex parte judgment or | 9 |
| guilty plea pursuant to Supreme
Court Rule 529, the circuit | 10 |
| clerk shall first deduct and pay amounts
required by Sections | 11 |
| 27.3a and 27.3c of this Act. This Section is a denial
and | 12 |
| limitation of home rule powers and functions under subsection | 13 |
| (h) of
Section 6 of Article VII of the Illinois Constitution.
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| (b) The following amounts must be remitted to the State | 15 |
| Treasurer for
deposit into the Illinois Animal Abuse Fund:
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| (1) 50% of the amounts collected for felony offenses | 17 |
| under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | 18 |
| 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | 19 |
| 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 | 21 |
| B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | 22 |
| 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | 23 |
| for Animals Act and Section 26-5 of the Criminal
Code of | 24 |
| 1961; and
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| (3) 50% of the amounts collected for Class C | 26 |
| misdemeanors under
Sections 4.01 and 7.1 of the Humane Care |
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| for Animals Act and Section 26-5
of the Criminal Code of | 2 |
| 1961.
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| (c) Any person who receives a disposition of court | 4 |
| supervision for a violation of the Illinois Vehicle Code or a | 5 |
| similar provision of a local ordinance shall, in addition to | 6 |
| any other fines, fees, and court costs, pay an additional fee | 7 |
| of $20, to be disbursed as provided in Section 16-104c of the | 8 |
| Illinois Vehicle Code. In addition to the fee of $20, the | 9 |
| person shall also pay a fee of $5, if not waived by the court. | 10 |
| If this $5 fee is collected, $4.50 of the fee shall be | 11 |
| deposited into the Circuit Court Clerk Operation and | 12 |
| Administrative Fund created by the Clerk of the Circuit Court | 13 |
| and 50 cents of the fee shall be deposited into the Prisoner | 14 |
| Review Board Vehicle and Equipment Fund in the State treasury. | 15 |
| (d) Any person convicted of , or pleading guilty to , or | 16 |
| placed on supervision for a serious traffic violation, as | 17 |
| defined in Section 1-187.001 of the Illinois Vehicle Code, a | 18 |
| violation of Section 11-501 of the Illinois Vehicle Code, or a | 19 |
| violation of a similar provision of a local ordinance shall pay | 20 |
| an additional fee of $20, to be disbursed as provided in | 21 |
| Section 16-104d of that Code. | 22 |
| This subsection (d) becomes inoperative 7 years after the | 23 |
| effective date of Public Act 95-154
this amendatory Act of the | 24 |
| 95th General Assembly .
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| (Source: P.A. 94-1009, eff. 1-1-07; 95-154, eff. 10-13-07; | 26 |
| 95-428, eff. 8-24-07; revised 11-19-07.)
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| (705 ILCS 105/27.6)
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| (Text of Section after amendment by P.A. 95-600 ) | 3 |
| Sec. 27.6. (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 equalling an | 6 |
| amount of $55 or more, except the fine imposed by Section | 7 |
| 5-9-1.15
5-9-1.14 of the Unified Code of Corrections, the | 8 |
| additional fee required
by subsections (b) and (c), restitution | 9 |
| under Section 5-5-6 of the
Unified Code of Corrections, | 10 |
| reimbursement for the costs of an emergency
response as | 11 |
| provided under Section 11-501 of the Illinois Vehicle Code,
any | 12 |
| fees collected for attending a traffic safety program under | 13 |
| paragraph (c)
of Supreme Court Rule 529, any fee collected on | 14 |
| behalf of a State's Attorney
under Section 4-2002 of the | 15 |
| Counties Code or a sheriff under Section 4-5001
of the Counties | 16 |
| Code, or any cost imposed under Section 124A-5 of the Code of
| 17 |
| Criminal Procedure of 1963, for convictions, orders of | 18 |
| supervision, or any
other disposition for a violation of | 19 |
| Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | 20 |
| similar provision of a local ordinance, and any
violation of | 21 |
| the Child Passenger Protection Act, or a similar provision of a
| 22 |
| local ordinance, and except as provided in subsections (d) and | 23 |
| (g)
(f) shall be disbursed
within 60 days after receipt by the | 24 |
| circuit
clerk as follows: 44.5% shall be disbursed to the | 25 |
| entity authorized by law to
receive the fine imposed in the |
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| case; 16.825% shall be disbursed to the State
Treasurer; and | 2 |
| 38.675% shall be disbursed to the county's general corporate
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| fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | 4 |
| shall be deposited
by the State Treasurer into the Violent | 5 |
| Crime Victims Assistance Fund, 5.052/17
shall be deposited into | 6 |
| the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall | 7 |
| be deposited into the Drivers Education Fund, and 6.948/17 | 8 |
| shall be
deposited into the Trauma Center Fund. Of the 6.948/17 | 9 |
| deposited into the
Trauma Center Fund from the 16.825% | 10 |
| disbursed to the State Treasurer, 50% shall
be disbursed to the | 11 |
| Department of Public Health and 50% shall be disbursed to
the | 12 |
| Department of Healthcare and Family Services. For fiscal year | 13 |
| 1993, amounts deposited into
the Violent Crime Victims | 14 |
| Assistance Fund, the Traffic and Criminal
Conviction Surcharge | 15 |
| Fund, or the Drivers Education Fund shall not exceed 110%
of | 16 |
| the amounts deposited into those funds in fiscal year 1991. Any
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| amount that exceeds the 110% limit shall be distributed as | 18 |
| follows: 50%
shall be disbursed to the county's general | 19 |
| corporate fund and 50% shall be
disbursed to the entity | 20 |
| authorized by law to receive the fine imposed in
the case. Not | 21 |
| later than March 1 of each year the circuit clerk
shall submit | 22 |
| a report of the amount of funds remitted to the State
Treasurer | 23 |
| under this Section during the preceding year based upon
| 24 |
| independent verification of fines and fees. All counties shall | 25 |
| be subject
to this Section, except that counties with a | 26 |
| population under 2,000,000
may, by ordinance, elect not to be |
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| subject to this Section. For offenses
subject to this Section, | 2 |
| judges shall impose one total sum of money payable
for | 3 |
| violations. The circuit clerk may add on no additional amounts | 4 |
| except
for amounts that are required by Sections 27.3a and | 5 |
| 27.3c of
this Act, unless those amounts are specifically waived | 6 |
| by the judge. With
respect to money collected by the circuit | 7 |
| clerk as a result of
forfeiture of bail, ex parte judgment or | 8 |
| guilty plea pursuant to Supreme
Court Rule 529, the circuit | 9 |
| clerk shall first deduct and pay amounts
required by Sections | 10 |
| 27.3a and 27.3c of this Act. This Section is a denial
and | 11 |
| limitation of home rule powers and functions under subsection | 12 |
| (h) of
Section 6 of Article VII of the Illinois Constitution.
| 13 |
| (b) In addition to any other fines and court costs assessed | 14 |
| by the courts,
any person convicted or receiving an order of | 15 |
| supervision for driving under
the influence of alcohol or drugs | 16 |
| shall pay an additional fee of $100 to the
clerk of the circuit | 17 |
| court. This amount, less 2 1/2% that shall be used to
defray | 18 |
| administrative costs incurred by the clerk, shall be remitted | 19 |
| by the
clerk to the Treasurer within 60 days after receipt for | 20 |
| deposit into the Trauma
Center Fund. This additional fee of | 21 |
| $100 shall not be considered a part of the
fine for purposes of | 22 |
| any reduction in the fine for time served either before or
| 23 |
| after sentencing. Not later than March 1 of each year the | 24 |
| Circuit Clerk shall
submit a report of the amount of funds | 25 |
| remitted to the State Treasurer under
this subsection during | 26 |
| the preceding calendar year.
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| (b-1) In addition to any other fines and court costs | 2 |
| assessed by the courts,
any person convicted or receiving an | 3 |
| order of supervision for driving under the
influence of alcohol | 4 |
| or drugs shall pay an additional fee of $5 to the clerk
of the | 5 |
| circuit court. This amount, less
2 1/2% that shall be used to | 6 |
| defray administrative costs incurred by the clerk,
shall be | 7 |
| remitted by the clerk to the Treasurer within 60 days after | 8 |
| receipt
for deposit into the Spinal Cord Injury Paralysis Cure | 9 |
| Research Trust Fund.
This additional fee of $5 shall not
be | 10 |
| considered a part of the fine for purposes of any reduction in | 11 |
| the fine for
time served either before or after sentencing. Not | 12 |
| later than March 1 of each
year the Circuit Clerk shall submit | 13 |
| a report of the amount of funds remitted to
the State Treasurer | 14 |
| under this subsection during the preceding calendar
year.
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| (c) In addition to any other fines and court costs assessed | 16 |
| by the courts,
any person convicted for a violation of Sections | 17 |
| 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or a | 18 |
| person sentenced for a violation of the Cannabis
Control Act, | 19 |
| the Illinois Controlled Substances Act, or the Methamphetamine | 20 |
| Control and Community Protection Act
shall pay an additional | 21 |
| fee of $100 to the clerk
of the circuit court. This amount, | 22 |
| less
2 1/2% that shall be used to defray administrative costs | 23 |
| incurred by the clerk,
shall be remitted by the clerk to the | 24 |
| Treasurer within 60 days after receipt
for deposit into the | 25 |
| Trauma Center Fund. This additional fee of $100 shall not
be | 26 |
| considered a part of the fine for purposes of any reduction in |
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| the fine for
time served either before or after sentencing. Not | 2 |
| later than March 1 of each
year the Circuit Clerk shall submit | 3 |
| a report of the amount of funds remitted to
the State Treasurer | 4 |
| under this subsection during the preceding calendar year.
| 5 |
| (c-1) In addition to any other fines and court costs | 6 |
| assessed by the
courts, any person sentenced for a violation of | 7 |
| the Cannabis Control Act,
the Illinois Controlled Substances | 8 |
| Act, or the Methamphetamine Control and Community Protection | 9 |
| Act shall pay an additional fee of $5 to the
clerk of the | 10 |
| circuit court. This amount, less 2 1/2% that shall be used to
| 11 |
| defray administrative costs incurred by the clerk, shall be | 12 |
| remitted by the
clerk to the Treasurer within 60 days after | 13 |
| receipt for deposit into the Spinal
Cord Injury Paralysis Cure | 14 |
| Research Trust Fund. This additional fee of $5
shall not be | 15 |
| considered a part of the fine for purposes of any reduction in | 16 |
| the
fine for time served either before or after sentencing. Not | 17 |
| later than March 1
of each year the Circuit Clerk shall submit | 18 |
| a report of the amount of funds
remitted to the State Treasurer | 19 |
| under this subsection during the preceding
calendar year.
| 20 |
| (d) 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 of the Criminal Code of
1961;
| 26 |
| (2) 20% of the amounts collected for Class A and Class |
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| B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | 2 |
| 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | 3 |
| for Animals Act and Section 26-5 of the Criminal
Code of | 4 |
| 1961; and
| 5 |
| (3) 50% of the amounts collected for Class C | 6 |
| misdemeanors under Sections
4.01 and 7.1 of the Humane Care | 7 |
| for Animals Act and Section 26-5 of the
Criminal Code of | 8 |
| 1961.
| 9 |
| (e) Any person who receives a disposition of court | 10 |
| supervision for a violation of the Illinois Vehicle Code or a | 11 |
| similar provision of a local ordinance shall, in addition to | 12 |
| any other fines, fees, and court costs, pay an additional fee | 13 |
| of $20, to be disbursed as provided in Section 16-104c of the | 14 |
| Illinois Vehicle Code. In addition to the fee of $20, the | 15 |
| person shall also pay a fee of $5, if not waived by the court. | 16 |
| If this $5 fee is collected, $4.50 of the fee shall be | 17 |
| deposited into the Circuit Court Clerk Operation and | 18 |
| Administrative Fund created by the Clerk of the Circuit Court | 19 |
| and 50 cents of the fee shall be deposited into the Prisoner | 20 |
| Review Board Vehicle and Equipment Fund in the State treasury.
| 21 |
| (f) This Section does not apply to the additional child | 22 |
| pornography fines assessed and collected under Section | 23 |
| 5-9-1.14 of the Unified Code of Corrections.
| 24 |
| (g)
(f) Of the amounts collected as fines under subsection | 25 |
| (b) of Section 3-712 of the Illinois Vehicle Code, 99% shall be | 26 |
| deposited into the Illinois Military Family Relief Fund and 1% |
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| shall be deposited into the Circuit Court Clerk Operation and | 2 |
| Administrative Fund created by the Clerk of the Circuit Court | 3 |
| to be used to offset the costs incurred by the Circuit Court | 4 |
| Clerk in performing the additional duties required to collect | 5 |
| and disburse funds to entities of State and local government as | 6 |
| provided by law.
| 7 |
| (h) Any person convicted of, pleading guilty to, or placed | 8 |
| on supervision for a serious traffic violation, as defined in | 9 |
| Section 1-187.001 of the Illinois Vehicle Code, a violation of | 10 |
| Section 11-501 of the Illinois Vehicle Code, or a violation of | 11 |
| a similar provision of a local ordinance shall pay an | 12 |
| additional fee of $20, to be disbursed as provided in Section | 13 |
| 16-104d of that Code. | 14 |
| This subsection (h) becomes inoperative 7 years after the | 15 |
| effective date of Public Act 95-154. | 16 |
| (Source: P.A. 94-556, eff. 9-11-05; 94-1009, eff. 1-1-07; | 17 |
| 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428, eff. 8-24-07; | 18 |
| 95-600, eff. 6-1-08; revised 11-19-07.)
| 19 |
| Section 20. The Unified Code of Corrections is amended by | 20 |
| changing Section 5-6-1 as follows:
| 21 |
| (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
| 22 |
| (Text of Section before amendment by P.A. 95-400 ) | 23 |
| Sec. 5-6-1. Sentences of Probation and of Conditional
| 24 |
| Discharge and Disposition of Supervision.
The General Assembly |
|
|
|
09500HB5845ham001 |
- 16 - |
LRB095 16116 WGH 49662 a |
|
| 1 |
| finds that in order to protect the public, the
criminal justice | 2 |
| system must compel compliance with the conditions of probation
| 3 |
| by responding to violations with swift, certain and fair | 4 |
| punishments and
intermediate sanctions. The Chief Judge of each | 5 |
| circuit shall adopt a system of
structured, intermediate | 6 |
| sanctions for violations of the terms and conditions
of a | 7 |
| sentence of probation, conditional discharge or disposition of
| 8 |
| supervision.
| 9 |
| (a) Except where specifically prohibited by other
| 10 |
| provisions of this Code, the court shall impose a sentence
of | 11 |
| probation or conditional discharge upon an offender
unless, | 12 |
| having regard to the nature and circumstance of
the offense, | 13 |
| and to the history, character and condition
of the offender, | 14 |
| the court is of the opinion that:
| 15 |
| (1) his imprisonment or periodic imprisonment is | 16 |
| necessary
for the protection of the public; or
| 17 |
| (2) probation or conditional discharge would deprecate
| 18 |
| the seriousness of the offender's conduct and would be
| 19 |
| inconsistent with the ends of justice; or
| 20 |
| (3) a combination of imprisonment with concurrent or | 21 |
| consecutive probation when an offender has been admitted | 22 |
| into a drug court program under Section 20 of the Drug | 23 |
| Court Treatment Act is necessary for the protection of the | 24 |
| public and for the rehabilitation of the offender.
| 25 |
| The court shall impose as a condition of a sentence of | 26 |
| probation,
conditional discharge, or supervision, that the |
|
|
|
09500HB5845ham001 |
- 17 - |
LRB095 16116 WGH 49662 a |
|
| 1 |
| probation agency may invoke any
sanction from the list of | 2 |
| intermediate sanctions adopted by the chief judge of
the | 3 |
| circuit court for violations of the terms and conditions of the | 4 |
| sentence of
probation, conditional discharge, or supervision, | 5 |
| subject to the provisions of
Section 5-6-4 of this Act.
| 6 |
| (b) The court may impose a sentence of conditional
| 7 |
| discharge for an offense if the court is of the opinion
that | 8 |
| neither a sentence of imprisonment nor of periodic
imprisonment | 9 |
| nor of probation supervision is appropriate.
| 10 |
| (b-1) Subsections (a) and (b) of this Section do not apply | 11 |
| to a defendant charged with a misdemeanor or felony under the | 12 |
| Illinois Vehicle Code or reckless homicide under Section 9-3 of | 13 |
| the Criminal Code of 1961 if the defendant within the past 12 | 14 |
| months has been convicted of or pleaded guilty to a misdemeanor | 15 |
| or felony under the Illinois Vehicle Code or reckless homicide | 16 |
| under Section 9-3 of the Criminal Code of 1961. | 17 |
| (c) The court may, upon a plea of guilty or a stipulation
| 18 |
| by the defendant of the facts supporting the charge or a
| 19 |
| finding of guilt, defer further proceedings and the
imposition | 20 |
| of a sentence, and enter an order for supervision of the | 21 |
| defendant,
if the defendant is not charged with: (i) a Class A | 22 |
| misdemeanor, as
defined by the following provisions of the | 23 |
| Criminal Code of 1961: Sections
11-9.1; 12-3.2; 12-15; 26-5; | 24 |
| 31-1; 31-6; 31-7; subsections (b) and (c) of Section
21-1;
| 25 |
| paragraph (1) through (5), (8), (10), and (11) of subsection | 26 |
| (a) of Section
24-1; (ii) a Class A misdemeanor violation of |
|
|
|
09500HB5845ham001 |
- 18 - |
LRB095 16116 WGH 49662 a |
|
| 1 |
| Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals | 2 |
| Act; or (iii)
felony.
If the defendant
is not barred from | 3 |
| receiving an order for supervision as provided in this
| 4 |
| subsection, the court may enter an order for supervision after | 5 |
| considering the
circumstances of the offense, and the history,
| 6 |
| character and condition of the offender, if the court is of the | 7 |
| opinion
that:
| 8 |
| (1) the offender is not likely to commit further | 9 |
| crimes;
| 10 |
| (2) the defendant and the public would be best served | 11 |
| if the
defendant were not to receive a criminal record; and
| 12 |
| (3) in the best interests of justice an order of | 13 |
| supervision
is more appropriate than a sentence otherwise | 14 |
| permitted under this Code.
| 15 |
| (c-5) Subsections (a), (b), and (c) of this Section do not | 16 |
| apply to a defendant charged with a second or subsequent | 17 |
| violation of Section 6-303 of the Illinois Vehicle Code | 18 |
| committed while his or her driver's license, permit or | 19 |
| privileges were revoked because of a violation of Section 9-3 | 20 |
| of the Criminal Code of 1961, relating to the offense of | 21 |
| reckless homicide, or a similar provision of a law of another | 22 |
| state.
| 23 |
| (d) The provisions of paragraph (c) shall not apply to a | 24 |
| defendant charged
with violating Section 11-501 of the Illinois | 25 |
| Vehicle Code or a similar
provision of a local
ordinance when | 26 |
| the defendant has previously been:
|
|
|
|
09500HB5845ham001 |
- 19 - |
LRB095 16116 WGH 49662 a |
|
| 1 |
| (1) convicted for a violation of Section 11-501 of
the | 2 |
| Illinois Vehicle
Code or a similar provision of a
local | 3 |
| ordinance or any similar law or ordinance of another state; | 4 |
| or
| 5 |
| (2) assigned supervision for a violation of Section | 6 |
| 11-501 of the Illinois
Vehicle Code or a similar provision | 7 |
| of a local ordinance or any similar law
or ordinance of | 8 |
| another state; or
| 9 |
| (3) pleaded guilty to or stipulated to the facts | 10 |
| supporting
a charge or a finding of guilty to a violation | 11 |
| of Section 11-503 of the
Illinois Vehicle Code or a similar | 12 |
| provision of a local ordinance or any
similar law or | 13 |
| ordinance of another state, and the
plea or stipulation was | 14 |
| the result of a plea agreement.
| 15 |
| The court shall consider the statement of the prosecuting
| 16 |
| authority with regard to the standards set forth in this | 17 |
| Section.
| 18 |
| (e) The provisions of paragraph (c) shall not apply to a | 19 |
| defendant
charged with violating Section 16A-3 of the Criminal | 20 |
| Code of 1961 if said
defendant has within the last 5 years | 21 |
| been:
| 22 |
| (1) convicted for a violation of Section 16A-3 of the | 23 |
| Criminal Code of
1961; or
| 24 |
| (2) assigned supervision for a violation of Section | 25 |
| 16A-3 of the Criminal
Code of 1961.
| 26 |
| The court shall consider the statement of the prosecuting |
|
|
|
09500HB5845ham001 |
- 20 - |
LRB095 16116 WGH 49662 a |
|
| 1 |
| authority with
regard to the standards set forth in this | 2 |
| Section.
| 3 |
| (f) The provisions of paragraph (c) shall not apply to a | 4 |
| defendant
charged with violating Sections 15-111, 15-112, | 5 |
| 15-301, paragraph (b)
of Section 6-104, Section 11-605, Section | 6 |
| 11-1002.5, or Section 11-1414
of the Illinois Vehicle Code or a | 7 |
| similar provision of a local ordinance.
| 8 |
| (g) Except as otherwise provided in paragraph (i) of this | 9 |
| Section, the
provisions of paragraph (c) shall not apply to a
| 10 |
| defendant charged with violating Section
3-707, 3-708, 3-710, | 11 |
| or 5-401.3
of the Illinois Vehicle Code or a similar provision | 12 |
| of a local ordinance if the
defendant has within the last 5 | 13 |
| years been:
| 14 |
| (1) convicted for a violation of Section 3-707, 3-708, | 15 |
| 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | 16 |
| provision of a local
ordinance; or
| 17 |
| (2) assigned supervision for a violation of Section | 18 |
| 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle | 19 |
| Code or a similar provision of a local
ordinance.
| 20 |
| The court shall consider the statement of the prosecuting | 21 |
| authority with
regard to the standards set forth in this | 22 |
| Section.
| 23 |
| (h) The provisions of paragraph (c) shall not apply to a | 24 |
| defendant under
the age of 21 years charged with violating a | 25 |
| serious traffic offense as defined
in Section 1-187.001 of the | 26 |
| Illinois Vehicle Code:
|
|
|
|
09500HB5845ham001 |
- 21 - |
LRB095 16116 WGH 49662 a |
|
| 1 |
| (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 |
| (h-1) The provisions of paragraph (c) shall not apply to a | 18 |
| defendant under the age of 21 years charged with an offense | 19 |
| against traffic regulations governing the movement of vehicles | 20 |
| or any violation of Section 6-107 or Section 12-603.1 of the | 21 |
| Illinois Vehicle Code, unless the defendant, upon payment of | 22 |
| the fines, penalties, and costs provided by law, agrees to | 23 |
| attend and successfully complete a traffic safety program | 24 |
| approved by the court under standards set by the Conference of | 25 |
| Chief Circuit Judges. The accused shall be responsible for | 26 |
| payment of any traffic safety program fees. If the accused |
|
|
|
09500HB5845ham001 |
- 22 - |
LRB095 16116 WGH 49662 a |
|
| 1 |
| fails to file a certificate of successful completion on or | 2 |
| before the termination date of the supervision order, the | 3 |
| supervision shall be summarily revoked and conviction entered. | 4 |
| The provisions of Supreme Court Rule 402 relating to pleas of | 5 |
| guilty do not apply in cases when a defendant enters a guilty | 6 |
| plea under this provision.
| 7 |
| (i) The provisions of paragraph (c) shall not apply to a | 8 |
| defendant charged
with violating Section 3-707 of the Illinois | 9 |
| Vehicle Code or a similar
provision of a local ordinance if the | 10 |
| defendant has been assigned supervision
for a violation of | 11 |
| Section 3-707 of the Illinois Vehicle Code or a similar
| 12 |
| provision of a local ordinance.
| 13 |
| (j) The provisions of paragraph (c) shall not apply to a
| 14 |
| defendant charged with violating
Section 6-303 of the Illinois | 15 |
| Vehicle Code or a similar provision of
a local ordinance when | 16 |
| the revocation or suspension was for a violation of
Section | 17 |
| 11-501 or a similar provision of a local ordinance or a | 18 |
| violation of
Section 11-501.1 or paragraph (b) of Section | 19 |
| 11-401 of the Illinois Vehicle
Code , if the
defendant has | 20 |
| within the last 10 years been:
| 21 |
| (1) convicted for a violation of Section 6-303 of the | 22 |
| Illinois Vehicle
Code or a similar provision of a local | 23 |
| ordinance; or
| 24 |
| (2) assigned supervision for a violation of Section | 25 |
| 6-303 of the Illinois
Vehicle Code or a similar provision | 26 |
| of a local ordinance. |
|
|
|
09500HB5845ham001 |
- 23 - |
LRB095 16116 WGH 49662 a |
|
| 1 |
| (k) The provisions of paragraph (c) shall not apply to a
| 2 |
| defendant charged with violating
any provision of the Illinois | 3 |
| Vehicle Code or a similar provision of a local ordinance that | 4 |
| governs the movement of vehicles if, within the 12 months | 5 |
| preceding the date of the defendant's arrest, the defendant has | 6 |
| been assigned court supervision on 2 occasions for a violation | 7 |
| that governs the movement of vehicles under the Illinois | 8 |
| Vehicle Code or a similar provision of a local ordinance.
| 9 |
| (l) A defendant charged with violating any provision of the | 10 |
| Illinois Vehicle Code or a similar provision of a local | 11 |
| ordinance who, after a court appearance in the same matter, | 12 |
| receives a disposition of supervision under subsection (c) | 13 |
| shall pay an additional fee of $20, to be collected as provided | 14 |
| in Sections 27.5 and 27.6 of the Clerks of Courts Act. In | 15 |
| addition to the $20 fee, the person shall also pay a fee of $5, | 16 |
| which, if not waived by the court, shall be collected as | 17 |
| provided in Sections 27.5 and 27.6 of the Clerks of Courts Act. | 18 |
| The $20 fee shall be disbursed as provided in Section 16-104c | 19 |
| of the Illinois Vehicle Code. If the $5 fee is collected, $4.50 | 20 |
| of the fee shall be deposited into the Circuit Court Clerk | 21 |
| Operation and Administrative Fund created by the Clerk of the | 22 |
| Circuit Court and 50 cents of the fee shall be deposited into | 23 |
| the Prisoner Review Board Vehicle and Equipment Fund in the | 24 |
| State treasury.
| 25 |
| (m) Any person convicted of , or pleading guilty to , or | 26 |
| placed on supervision for a serious traffic violation, as |
|
|
|
09500HB5845ham001 |
- 24 - |
LRB095 16116 WGH 49662 a |
|
| 1 |
| defined in Section 1-187.001 of the Illinois Vehicle Code, a | 2 |
| violation of Section 11-501 of the Illinois Vehicle Code, or a | 3 |
| violation of a similar provision of a local ordinance shall pay | 4 |
| an additional fee of $20, to be disbursed as provided in | 5 |
| Section 16-104d of that Code. | 6 |
| This subsection (m) becomes inoperative 7 years after the | 7 |
| effective date of Public Act 95-154
this amendatory Act of the | 8 |
| 95th General Assembly .
| 9 |
| (n)
(m) The provisions of paragraph (c) shall not apply to | 10 |
| any person under the age of 18 who commits an offense against | 11 |
| traffic regulations governing the movement of vehicles or any | 12 |
| violation of Section 6-107 or Section 12-603.1 of the Illinois | 13 |
| Vehicle Code, except upon personal appearance of the defendant | 14 |
| in court and upon the written consent of the defendant's parent | 15 |
| or legal guardian, executed before the presiding judge. The | 16 |
| presiding judge shall have the authority to waive this | 17 |
| requirement upon the showing of good cause by the defendant.
| 18 |
| (Source: P.A. 94-169, eff. 1-1-06; 94-330, eff. 1-1-06; 94-375, | 19 |
| eff. 1-1-06; 94-1009, eff. 1-1-07; 95-154, eff. 10-13-07; | 20 |
| 95-302, eff. 1-1-08; 95-310, eff. 1-1-08; 95-377, eff. 1-1-08; | 21 |
| 95-428, 8-24-07; revised 11-19-07.)
| 22 |
| (Text of Section after amendment by P.A. 95-400 ) | 23 |
| Sec. 5-6-1. Sentences of Probation and of Conditional
| 24 |
| Discharge and Disposition of Supervision.
The General Assembly | 25 |
| finds that in order to protect the public, the
criminal justice |
|
|
|
09500HB5845ham001 |
- 25 - |
LRB095 16116 WGH 49662 a |
|
| 1 |
| system must compel compliance with the conditions of probation
| 2 |
| by responding to violations with swift, certain and fair | 3 |
| punishments and
intermediate sanctions. The Chief Judge of each | 4 |
| circuit shall adopt a system of
structured, intermediate | 5 |
| sanctions for violations of the terms and conditions
of a | 6 |
| sentence of probation, conditional discharge or disposition of
| 7 |
| supervision.
| 8 |
| (a) Except where specifically prohibited by other
| 9 |
| provisions of this Code, the court shall impose a sentence
of | 10 |
| probation or conditional discharge upon an offender
unless, | 11 |
| having regard to the nature and circumstance of
the offense, | 12 |
| and to the history, character and condition
of the offender, | 13 |
| the court is of the opinion that:
| 14 |
| (1) his imprisonment or periodic imprisonment is | 15 |
| necessary
for the protection of the public; or
| 16 |
| (2) probation or conditional discharge would deprecate
| 17 |
| the seriousness of the offender's conduct and would be
| 18 |
| inconsistent with the ends of justice; or
| 19 |
| (3) a combination of imprisonment with concurrent or | 20 |
| consecutive probation when an offender has been admitted | 21 |
| into a drug court program under Section 20 of the Drug | 22 |
| Court Treatment Act is necessary for the protection of the | 23 |
| public and for the rehabilitation of the offender.
| 24 |
| The court shall impose as a condition of a sentence of | 25 |
| probation,
conditional discharge, or supervision, that the | 26 |
| probation agency may invoke any
sanction from the list of |
|
|
|
09500HB5845ham001 |
- 26 - |
LRB095 16116 WGH 49662 a |
|
| 1 |
| intermediate sanctions adopted by the chief judge of
the | 2 |
| circuit court for violations of the terms and conditions of the | 3 |
| sentence of
probation, conditional discharge, or supervision, | 4 |
| subject to the provisions of
Section 5-6-4 of this Act.
| 5 |
| (b) The court may impose a sentence of conditional
| 6 |
| discharge for an offense if the court is of the opinion
that | 7 |
| neither a sentence of imprisonment nor of periodic
imprisonment | 8 |
| nor of probation supervision is appropriate.
| 9 |
| (b-1) Subsections (a) and (b) of this Section do not apply | 10 |
| to a defendant charged with a misdemeanor or felony under the | 11 |
| Illinois Vehicle Code or reckless homicide under Section 9-3 of | 12 |
| the Criminal Code of 1961 if the defendant within the past 12 | 13 |
| months has been convicted of or pleaded guilty to a misdemeanor | 14 |
| or felony under the Illinois Vehicle Code or reckless homicide | 15 |
| under Section 9-3 of the Criminal Code of 1961. | 16 |
| (c) The court may, upon a plea of guilty or a stipulation
| 17 |
| by the defendant of the facts supporting the charge or a
| 18 |
| finding of guilt, defer further proceedings and the
imposition | 19 |
| of a sentence, and enter an order for supervision of the | 20 |
| defendant,
if the defendant is not charged with: (i) a Class A | 21 |
| misdemeanor, as
defined by the following provisions of the | 22 |
| Criminal Code of 1961: Sections
11-9.1; 12-3.2; 12-15; 26-5; | 23 |
| 31-1; 31-6; 31-7; subsections (b) and (c) of Section
21-1;
| 24 |
| paragraph (1) through (5), (8), (10), and (11) of subsection | 25 |
| (a) of Section
24-1; (ii) a Class A misdemeanor violation of | 26 |
| Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals |
|
|
|
09500HB5845ham001 |
- 27 - |
LRB095 16116 WGH 49662 a |
|
| 1 |
| Act; or (iii)
felony.
If the defendant
is not barred from | 2 |
| receiving an order for supervision as provided in this
| 3 |
| subsection, the court may enter an order for supervision after | 4 |
| considering the
circumstances of the offense, and the history,
| 5 |
| character and condition of the offender, if the court is of the | 6 |
| opinion
that:
| 7 |
| (1) the offender is not likely to commit further | 8 |
| crimes;
| 9 |
| (2) the defendant and the public would be best served | 10 |
| if the
defendant were not to receive a criminal record; and
| 11 |
| (3) in the best interests of justice an order of | 12 |
| supervision
is more appropriate than a sentence otherwise | 13 |
| permitted under this Code.
| 14 |
| (c-5) Subsections (a), (b), and (c) of this Section do not | 15 |
| apply to a defendant charged with a second or subsequent | 16 |
| violation of Section 6-303 of the Illinois Vehicle Code | 17 |
| committed while his or her driver's license, permit or | 18 |
| privileges were revoked because of a violation of Section 9-3 | 19 |
| of the Criminal Code of 1961, relating to the offense of | 20 |
| reckless homicide, or a similar provision of a law of another | 21 |
| state.
| 22 |
| (d) The provisions of paragraph (c) shall not apply to a | 23 |
| defendant charged
with violating Section 11-501 of the Illinois | 24 |
| Vehicle Code or a similar
provision of a local
ordinance when | 25 |
| the defendant has previously been:
| 26 |
| (1) convicted for a violation of Section 11-501 of
the |
|
|
|
09500HB5845ham001 |
- 28 - |
LRB095 16116 WGH 49662 a |
|
| 1 |
| Illinois Vehicle
Code or a similar provision of a
local | 2 |
| ordinance or any similar law or ordinance of another state; | 3 |
| or
| 4 |
| (2) assigned supervision for a violation of Section | 5 |
| 11-501 of the Illinois
Vehicle Code or a similar provision | 6 |
| of a local ordinance or any similar law
or ordinance of | 7 |
| another state; or
| 8 |
| (3) pleaded guilty to or stipulated to the facts | 9 |
| supporting
a charge or a finding of guilty to a violation | 10 |
| of Section 11-503 of the
Illinois Vehicle Code or a similar | 11 |
| provision of a local ordinance or any
similar law or | 12 |
| ordinance of another state, and the
plea or stipulation was | 13 |
| the result of a plea agreement.
| 14 |
| The court shall consider the statement of the prosecuting
| 15 |
| authority with regard to the standards set forth in this | 16 |
| Section.
| 17 |
| (e) The provisions of paragraph (c) shall not apply to a | 18 |
| defendant
charged with violating Section 16A-3 of the Criminal | 19 |
| Code of 1961 if said
defendant has within the last 5 years | 20 |
| been:
| 21 |
| (1) convicted for a violation of Section 16A-3 of the | 22 |
| Criminal Code of
1961; or
| 23 |
| (2) assigned supervision for a violation of Section | 24 |
| 16A-3 of the Criminal
Code of 1961.
| 25 |
| The court shall consider the statement of the prosecuting | 26 |
| authority with
regard to the standards set forth in this |
|
|
|
09500HB5845ham001 |
- 29 - |
LRB095 16116 WGH 49662 a |
|
| 1 |
| Section.
| 2 |
| (f) The provisions of paragraph (c) shall not apply to a | 3 |
| defendant
charged with violating Sections 15-111, 15-112, | 4 |
| 15-301, paragraph (b)
of Section 6-104, Section 11-605, Section | 5 |
| 11-1002.5, or Section 11-1414
of the Illinois Vehicle Code or a | 6 |
| similar provision of a local ordinance.
| 7 |
| (g) Except as otherwise provided in paragraph (i) of this | 8 |
| Section, the
provisions of paragraph (c) shall not apply to a
| 9 |
| defendant charged with violating Section
3-707, 3-708, 3-710, | 10 |
| or 5-401.3
of the Illinois Vehicle Code or a similar provision | 11 |
| of a local ordinance if the
defendant has within the last 5 | 12 |
| years been:
| 13 |
| (1) convicted for a violation of Section 3-707, 3-708, | 14 |
| 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | 15 |
| provision of a local
ordinance; or
| 16 |
| (2) assigned supervision for a violation of Section | 17 |
| 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle | 18 |
| Code or a similar provision of a local
ordinance.
| 19 |
| The court shall consider the statement of the prosecuting | 20 |
| authority with
regard to the standards set forth in this | 21 |
| Section.
| 22 |
| (h) The provisions of paragraph (c) shall not apply to a | 23 |
| defendant under
the age of 21 years charged with violating a | 24 |
| serious traffic offense as defined
in Section 1-187.001 of the | 25 |
| Illinois Vehicle Code:
| 26 |
| (1) unless the defendant, upon payment of the fines, |
|
|
|
09500HB5845ham001 |
- 30 - |
LRB095 16116 WGH 49662 a |
|
| 1 |
| penalties, and costs
provided by law, agrees to attend and | 2 |
| successfully complete a traffic safety
program approved by | 3 |
| the court under standards set by the Conference of Chief
| 4 |
| Circuit Judges. The accused shall be responsible for | 5 |
| payment of any traffic
safety program fees. If the accused | 6 |
| fails to file a certificate of
successful completion on or | 7 |
| before the termination date of the supervision
order, the | 8 |
| supervision shall be summarily revoked and conviction | 9 |
| entered. The
provisions of Supreme Court Rule 402 relating | 10 |
| to pleas of guilty do not apply
in cases when a defendant | 11 |
| enters a guilty plea under this provision; or
| 12 |
| (2) if the defendant has previously been sentenced | 13 |
| under the provisions of
paragraph (c) on or after January | 14 |
| 1, 1998 for any serious traffic offense as
defined in | 15 |
| Section 1-187.001 of the Illinois Vehicle Code.
| 16 |
| (h-1) The provisions of paragraph (c) shall not apply to a | 17 |
| defendant under the age of 21 years charged with an offense | 18 |
| against traffic regulations governing the movement of vehicles | 19 |
| or any violation of Section 6-107 or Section 12-603.1 of the | 20 |
| Illinois Vehicle Code, unless the defendant, upon payment of | 21 |
| the fines, penalties, and costs provided by law, agrees to | 22 |
| attend and successfully complete a traffic safety program | 23 |
| approved by the court under standards set by the Conference of | 24 |
| Chief Circuit Judges. The accused shall be responsible for | 25 |
| payment of any traffic safety program fees. If the accused | 26 |
| fails to file a certificate of successful completion on or |
|
|
|
09500HB5845ham001 |
- 31 - |
LRB095 16116 WGH 49662 a |
|
| 1 |
| before the termination date of the supervision order, the | 2 |
| supervision shall be summarily revoked and conviction entered. | 3 |
| The provisions of Supreme Court Rule 402 relating to pleas of | 4 |
| guilty do not apply in cases when a defendant enters a guilty | 5 |
| plea under this provision.
| 6 |
| (i) The provisions of paragraph (c) shall not apply to a | 7 |
| defendant charged
with violating Section 3-707 of the Illinois | 8 |
| Vehicle Code or a similar
provision of a local ordinance if the | 9 |
| defendant has been assigned supervision
for a violation of | 10 |
| Section 3-707 of the Illinois Vehicle Code or a similar
| 11 |
| provision of a local ordinance.
| 12 |
| (j) The provisions of paragraph (c) shall not apply to a
| 13 |
| defendant charged with violating
Section 6-303 of the Illinois | 14 |
| Vehicle Code or a similar provision of
a local ordinance when | 15 |
| the revocation or suspension was for a violation of
Section | 16 |
| 11-501 or a similar provision of a local ordinance or a | 17 |
| violation of
Section 11-501.1 or paragraph (b) of Section | 18 |
| 11-401 of the Illinois Vehicle
Code , if the
defendant has | 19 |
| within the last 10 years been:
| 20 |
| (1) convicted for a violation of Section 6-303 of the | 21 |
| Illinois Vehicle
Code or a similar provision of a local | 22 |
| ordinance; or
| 23 |
| (2) assigned supervision for a violation of Section | 24 |
| 6-303 of the Illinois
Vehicle Code or a similar provision | 25 |
| of a local ordinance. | 26 |
| (k) The provisions of paragraph (c) shall not apply to a
|
|
|
|
09500HB5845ham001 |
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| 1 |
| defendant charged with violating
any provision of the Illinois | 2 |
| Vehicle Code or a similar provision of a local ordinance that | 3 |
| governs the movement of vehicles if, within the 12 months | 4 |
| preceding the date of the defendant's arrest, the defendant has | 5 |
| been assigned court supervision on 2 occasions for a violation | 6 |
| that governs the movement of vehicles under the Illinois | 7 |
| Vehicle Code or a similar provision of a local ordinance.
| 8 |
| (l) A defendant charged with violating any provision of the | 9 |
| Illinois Vehicle Code or a similar provision of a local | 10 |
| ordinance who, after a court appearance in the same matter, | 11 |
| receives a disposition of supervision under subsection (c) | 12 |
| shall pay an additional fee of $20, to be collected as provided | 13 |
| in Sections 27.5 and 27.6 of the Clerks of Courts Act. In | 14 |
| addition to the $20 fee, the person shall also pay a fee of $5, | 15 |
| which, if not waived by the court, shall be collected as | 16 |
| provided in Sections 27.5 and 27.6 of the Clerks of Courts Act. | 17 |
| The $20 fee shall be disbursed as provided in Section 16-104c | 18 |
| of the Illinois Vehicle Code. If the $5 fee is collected, $4.50 | 19 |
| of the fee shall be deposited into the Circuit Court Clerk | 20 |
| Operation and Administrative Fund created by the Clerk of the | 21 |
| Circuit Court and 50 cents of the fee shall be deposited into | 22 |
| the Prisoner Review Board Vehicle and Equipment Fund in the | 23 |
| State treasury.
| 24 |
| (m) Any person convicted of , or pleading guilty to , or | 25 |
| placed on supervision for a serious traffic violation, as | 26 |
| defined in Section 1-187.001 of the Illinois Vehicle Code, a |
|
|
|
09500HB5845ham001 |
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LRB095 16116 WGH 49662 a |
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| 1 |
| violation of Section 11-501 of the Illinois Vehicle Code, or a | 2 |
| violation of a similar provision of a local ordinance shall pay | 3 |
| an additional fee of $20, to be disbursed as provided in | 4 |
| Section 16-104d of that Code. | 5 |
| This subsection (m) becomes inoperative 7 years after the | 6 |
| effective date of Public Act 95-154
this amendatory Act of the | 7 |
| 95th General Assembly .
| 8 |
| (n)
(m) The provisions of paragraph (c) shall not apply to | 9 |
| any person under the age of 18 who commits an offense against | 10 |
| traffic regulations governing the movement of vehicles or any | 11 |
| violation of Section 6-107 or Section 12-603.1 of the Illinois | 12 |
| Vehicle Code, except upon personal appearance of the defendant | 13 |
| in court and upon the written consent of the defendant's parent | 14 |
| or legal guardian, executed before the presiding judge. The | 15 |
| presiding judge shall have the authority to waive this | 16 |
| requirement upon the showing of good cause by the defendant.
| 17 |
| (o)
(m) The provisions of paragraph (c) shall not apply to | 18 |
| a defendant charged with violating Section 6-303 of the | 19 |
| Illinois Vehicle Code or a similar provision of a local | 20 |
| ordinance when the suspension was for a violation of Section | 21 |
| 11-501.1 of the Illinois Vehicle Code and when: | 22 |
| (1) at the time of the violation of Section 11-501.1 of | 23 |
| the Illinois Vehicle Code, the defendant was a first | 24 |
| offender pursuant to Section 11-500 of the Illinois Vehicle | 25 |
| Code and the defendant failed to obtain a monitoring device | 26 |
| driving permit; or |
|
|
|
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LRB095 16116 WGH 49662 a |
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| 1 |
| (2) at the time of the violation of Section 11-501.1 of | 2 |
| the Illinois Vehicle Code, the defendant was a first | 3 |
| offender pursuant to Section 11-500 of the Illinois Vehicle | 4 |
| Code, had subsequently obtained a monitoring device | 5 |
| driving permit, but was driving a vehicle not equipped with | 6 |
| a breath alcohol ignition interlock device as defined in | 7 |
| Section 1-129.1 of the Illinois Vehicle Code.
| 8 |
| (Source: P.A. 94-169, eff. 1-1-06; 94-330, eff. 1-1-06; 94-375, | 9 |
| eff. 1-1-06; 94-1009, eff. 1-1-07; 95-154, eff. 10-13-07; | 10 |
| 95-302, eff. 1-1-08; 95-310, eff. 1-1-08; 95-377, eff. 1-1-08; | 11 |
| 95-400, eff. 1-1-09; 95-428, 8-24-07; revised 11-19-07.)
| 12 |
| Section 95. No acceleration or delay. Where this Act makes | 13 |
| changes in a statute that is represented in this Act by text | 14 |
| that is not yet or no longer in effect (for example, a Section | 15 |
| represented by multiple versions), the use of that text does | 16 |
| not accelerate or delay the taking effect of (i) the changes | 17 |
| made by this Act or (ii) provisions derived from any other | 18 |
| Public Act. | 19 |
| Section 99. Effective date. This Act takes effect July 1, | 20 |
| 2008.".
|
|