Full Text of HB1116 96th General Assembly
HB1116 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB1116
Introduced 2/11/2009, by Rep. Jim Durkin SYNOPSIS AS INTRODUCED: |
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730 ILCS 5/5-6-1 |
from Ch. 38, par. 1005-6-1 |
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Amends the Unified Code of Corrections. Provides that a disposition of court supervision may apply to a defendant with certain previous offenses who is charged with DUI. Effective immediately.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB1116 |
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LRB096 09126 RLC 19273 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Unified Code of Corrections is amended by | 5 |
| 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 | 9 |
| finds that in order to protect the public, the
criminal justice | 10 |
| system must compel compliance with the conditions of probation
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| 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
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| supervision.
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| (a) Except where specifically prohibited by other
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| 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:
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| (1) his imprisonment or periodic imprisonment is |
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HB1116 |
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LRB096 09126 RLC 19273 b |
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| necessary
for the protection of the public; or
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| (2) probation or conditional discharge would deprecate
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| 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 | 6 |
| consecutive probation when an offender has been admitted | 7 |
| into a drug court program under Section 20 of the Drug | 8 |
| Court Treatment Act is necessary for the protection of the | 9 |
| public and for the rehabilitation of the offender.
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| The court shall impose as a condition of a sentence of | 11 |
| probation,
conditional discharge, or supervision, that the | 12 |
| probation agency may invoke any
sanction from the list of | 13 |
| intermediate sanctions adopted by the chief judge of
the | 14 |
| circuit court for violations of the terms and conditions of the | 15 |
| sentence of
probation, conditional discharge, or supervision, | 16 |
| 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 | 19 |
| neither a sentence of imprisonment nor of periodic
imprisonment | 20 |
| nor of probation supervision is appropriate.
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| (b-1) Subsections (a) and (b) of this Section do not apply | 22 |
| to a defendant charged with a misdemeanor or felony under the | 23 |
| Illinois Vehicle Code or reckless homicide under Section 9-3 of | 24 |
| the Criminal Code of 1961 if the defendant within the past 12 | 25 |
| months has been convicted of or pleaded guilty to a misdemeanor | 26 |
| or felony under the Illinois Vehicle Code or reckless homicide |
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LRB096 09126 RLC 19273 b |
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| under Section 9-3 of the Criminal Code of 1961. | 2 |
| (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 | 5 |
| of a sentence, and enter an order for supervision of the | 6 |
| defendant,
if the defendant is not charged with: (i) a Class A | 7 |
| misdemeanor, as
defined by the following provisions of the | 8 |
| Criminal Code of 1961: Sections
11-9.1; 12-3.2; 12-15; 26-5; | 9 |
| 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 | 11 |
| (a) of Section
24-1; (ii) a Class A misdemeanor violation of | 12 |
| Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals | 13 |
| Act; or (iii)
a felony.
If the defendant
is not barred from | 14 |
| receiving an order for supervision as provided in this
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| subsection, the court may enter an order for supervision after | 16 |
| 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 | 18 |
| opinion
that:
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| (1) the offender is not likely to commit further | 20 |
| crimes;
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| (2) the defendant and the public would be best served | 22 |
| 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 | 24 |
| supervision
is more appropriate than a sentence otherwise | 25 |
| permitted under this Code.
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| (c-5) Subsections (a), (b), and (c) of this Section do not |
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LRB096 09126 RLC 19273 b |
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| apply to a defendant charged with a second or subsequent | 2 |
| violation of Section 6-303 of the Illinois Vehicle Code | 3 |
| committed while his or her driver's license, permit or | 4 |
| privileges were revoked because of a violation of Section 9-3 | 5 |
| of the Criminal Code of 1961, relating to the offense of | 6 |
| reckless homicide, or a similar provision of a law of another | 7 |
| state.
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| (d) The provisions of paragraph (c) shall not apply to a | 9 |
| defendant charged
with violating Section 11-501 of the Illinois | 10 |
| Vehicle Code or a similar
provision of a local
ordinance when | 11 |
| the defendant has previously been:
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| (1) convicted for a violation of Section 11-501 of
the | 13 |
| Illinois Vehicle
Code or a similar provision of a
local | 14 |
| ordinance or any similar law or ordinance of another state; | 15 |
| or
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| (2) assigned supervision for a violation of Section | 17 |
| 11-501 of the Illinois
Vehicle Code or a similar provision | 18 |
| of a local ordinance or any similar law
or ordinance of | 19 |
| another state; or
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| (3) pleaded guilty to or stipulated to the facts | 21 |
| supporting
a charge or a finding of guilty to a violation | 22 |
| of Section 11-503 of the
Illinois Vehicle Code or a similar | 23 |
| provision of a local ordinance or any
similar law or | 24 |
| ordinance of another state, and the
plea or stipulation was | 25 |
| the result of a plea agreement.
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| The court shall consider the statement of the prosecuting
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| authority with regard to the standards set forth in this | 2 |
| Section.
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| (e) The provisions of paragraph (c) shall not apply to a | 4 |
| defendant
charged with violating Section 16A-3 of the Criminal | 5 |
| Code of 1961 if said
defendant has within the last 5 years | 6 |
| been:
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| (1) convicted for a violation of Section 16A-3 of the | 8 |
| Criminal Code of
1961; or
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| (2) assigned supervision for a violation of Section | 10 |
| 16A-3 of the Criminal
Code of 1961.
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| The court shall consider the statement of the prosecuting | 12 |
| authority with
regard to the standards set forth in this | 13 |
| Section.
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| (f) The provisions of paragraph (c) shall not apply to a | 15 |
| defendant
charged with violating Sections 15-111, 15-112, | 16 |
| 15-301, paragraph (b)
of Section 6-104, Section 11-605, Section | 17 |
| 11-1002.5, or Section 11-1414
of the Illinois Vehicle Code or a | 18 |
| similar provision of a local ordinance.
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| (g) Except as otherwise provided in paragraph (i) of this | 20 |
| Section, the
provisions of paragraph (c) shall not apply to a
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| defendant charged with violating Section
3-707, 3-708, 3-710, | 22 |
| or 5-401.3
of the Illinois Vehicle Code or a similar provision | 23 |
| of a local ordinance if the
defendant has within the last 5 | 24 |
| years been:
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| (1) convicted for a violation of Section 3-707, 3-708, | 26 |
| 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar |
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LRB096 09126 RLC 19273 b |
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| provision of a local
ordinance; or
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| (2) assigned supervision for a violation of Section | 3 |
| 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle | 4 |
| Code or a similar provision of a local
ordinance.
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| The court shall consider the statement of the prosecuting | 6 |
| authority with
regard to the standards set forth in this | 7 |
| Section.
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| (h) The provisions of paragraph (c) shall not apply to a | 9 |
| defendant under
the age of 21 years charged with violating a | 10 |
| serious traffic offense as defined
in Section 1-187.001 of the | 11 |
| Illinois Vehicle Code:
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| (1) unless the defendant, upon payment of the fines, | 13 |
| penalties, and costs
provided by law, agrees to attend and | 14 |
| successfully complete a traffic safety
program approved by | 15 |
| the court under standards set by the Conference of Chief
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| Circuit Judges. The accused shall be responsible for | 17 |
| payment of any traffic
safety program fees. If the accused | 18 |
| fails to file a certificate of
successful completion on or | 19 |
| before the termination date of the supervision
order, the | 20 |
| supervision shall be summarily revoked and conviction | 21 |
| entered. The
provisions of Supreme Court Rule 402 relating | 22 |
| to pleas of guilty do not apply
in cases when a defendant | 23 |
| enters a guilty plea under this provision; or
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| (2) if the defendant has previously been sentenced | 25 |
| under the provisions of
paragraph (c) on or after January | 26 |
| 1, 1998 for any serious traffic offense as
defined in |
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LRB096 09126 RLC 19273 b |
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| Section 1-187.001 of the Illinois Vehicle Code.
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| (h-1) The provisions of paragraph (c) shall not apply to a | 3 |
| defendant under the age of 21 years charged with an offense | 4 |
| against traffic regulations governing the movement of vehicles | 5 |
| or any violation of Section 6-107 or Section 12-603.1 of the | 6 |
| Illinois Vehicle Code, unless the defendant, upon payment of | 7 |
| the fines, penalties, and costs provided by law, agrees to | 8 |
| attend and successfully complete a traffic safety program | 9 |
| approved by the court under standards set by the Conference of | 10 |
| Chief Circuit Judges. The accused shall be responsible for | 11 |
| payment of any traffic safety program fees. If the accused | 12 |
| fails to file a certificate of successful completion on or | 13 |
| before the termination date of the supervision order, the | 14 |
| supervision shall be summarily revoked and conviction entered. | 15 |
| The provisions of Supreme Court Rule 402 relating to pleas of | 16 |
| guilty do not apply in cases when a defendant enters a guilty | 17 |
| plea under this provision.
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| (i) The provisions of paragraph (c) shall not apply to a | 19 |
| defendant charged
with violating Section 3-707 of the Illinois | 20 |
| Vehicle Code or a similar
provision of a local ordinance if the | 21 |
| defendant has been assigned supervision
for a violation of | 22 |
| Section 3-707 of the Illinois Vehicle Code or a similar
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| provision of a local ordinance.
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| (j) The provisions of paragraph (c) shall not apply to a
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| defendant charged with violating
Section 6-303 of the Illinois | 26 |
| Vehicle Code or a similar provision of
a local ordinance when |
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LRB096 09126 RLC 19273 b |
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| the revocation or suspension was for a violation of
Section | 2 |
| 11-501 or a similar provision of a local ordinance or a | 3 |
| violation of
Section 11-501.1 or paragraph (b) of Section | 4 |
| 11-401 of the Illinois Vehicle
Code if the
defendant has within | 5 |
| the last 10 years been:
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| (1) convicted for a violation of Section 6-303 of the | 7 |
| Illinois Vehicle
Code or a similar provision of a local | 8 |
| ordinance; or
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| (2) assigned supervision for a violation of Section | 10 |
| 6-303 of the Illinois
Vehicle Code or a similar provision | 11 |
| of a local ordinance. | 12 |
| (k) The provisions of paragraph (c) shall not apply to a
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| defendant charged with violating
any provision of the Illinois | 14 |
| Vehicle Code or a similar provision of a local ordinance that | 15 |
| governs the movement of vehicles if, within the 12 months | 16 |
| preceding the date of the defendant's arrest, the defendant has | 17 |
| been assigned court supervision on 2 occasions for a violation | 18 |
| that governs the movement of vehicles under the Illinois | 19 |
| Vehicle Code or a similar provision of a local ordinance.
The | 20 |
| provisions of paragraph (c) do apply, however, to a defendant | 21 |
| charged with violating Section 11-501 of the Illinois Vehicle | 22 |
| Code or a similar provision of a local ordinance.
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| (l) A defendant charged with violating any provision of the | 24 |
| Illinois Vehicle Code or a similar provision of a local | 25 |
| ordinance who, after a court appearance in the same matter, | 26 |
| receives a disposition of supervision under subsection (c) |
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LRB096 09126 RLC 19273 b |
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| shall pay an additional fee of $20, to be collected as provided | 2 |
| in Sections 27.5 and 27.6 of the Clerks of Courts Act. In | 3 |
| addition to the $20 fee, the person shall also pay a fee of $5, | 4 |
| which, if not waived by the court, shall be collected as | 5 |
| provided in Sections 27.5 and 27.6 of the Clerks of Courts Act. | 6 |
| The $20 fee shall be disbursed as provided in Section 16-104c | 7 |
| of the Illinois Vehicle Code. If the $5 fee is collected, $4.50 | 8 |
| of the fee shall be deposited into the Circuit Court Clerk | 9 |
| Operation and Administrative Fund created by the Clerk of the | 10 |
| Circuit Court and 50 cents of the fee shall be deposited into | 11 |
| the Prisoner Review Board Vehicle and Equipment Fund in the | 12 |
| State treasury.
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| (m) Any person convicted of or pleading guilty to a serious | 14 |
| traffic violation, as defined in Section 1-187.001 of the | 15 |
| Illinois Vehicle Code, shall pay an additional fee of $20, to | 16 |
| be disbursed as provided in Section 16-104d of that Code. | 17 |
| This subsection (m) becomes inoperative 7 years after | 18 |
| October 13, 2007 (the effective date of Public Act 95-154).
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| (n)
The provisions of paragraph (c) shall not apply to any | 20 |
| person under the age of 18 who commits an offense against | 21 |
| traffic regulations governing the movement of vehicles or any | 22 |
| violation of Section 6-107 or Section 12-603.1 of the Illinois | 23 |
| Vehicle Code, except upon personal appearance of the defendant | 24 |
| in court and upon the written consent of the defendant's parent | 25 |
| or legal guardian, executed before the presiding judge. The | 26 |
| presiding judge shall have the authority to waive this |
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| requirement upon the showing of good cause by the defendant.
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| (o)
The provisions of paragraph (c) shall not apply to a | 3 |
| defendant charged with violating Section 6-303 of the Illinois | 4 |
| Vehicle Code or a similar provision of a local ordinance when | 5 |
| the suspension was for a violation of Section 11-501.1 of the | 6 |
| Illinois Vehicle Code and when: | 7 |
| (1) at the time of the violation of Section 11-501.1 of | 8 |
| the Illinois Vehicle Code, the defendant was a first | 9 |
| offender pursuant to Section 11-500 of the Illinois Vehicle | 10 |
| Code and the defendant failed to obtain a monitoring device | 11 |
| driving permit; or | 12 |
| (2) at the time of the violation of Section 11-501.1 of | 13 |
| the Illinois Vehicle Code, the defendant was a first | 14 |
| offender pursuant to Section 11-500 of the Illinois Vehicle | 15 |
| Code, had subsequently obtained a monitoring device | 16 |
| driving permit, but was driving a vehicle not equipped with | 17 |
| a breath alcohol ignition interlock device as defined in | 18 |
| Section 1-129.1 of the Illinois Vehicle Code.
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| (Source: P.A. 94-169, eff. 1-1-06; 94-330, eff. 1-1-06; 94-375, | 20 |
| eff. 1-1-06; 94-1009, eff. 1-1-07; 95-154, eff. 10-13-07; | 21 |
| 95-302, eff. 1-1-08; 95-310, eff. 1-1-08; 95-377, eff. 1-1-08; | 22 |
| 95-400, eff. 1-1-09; 95-428, 8-24-07; 95-876, eff. 8-21-08; | 23 |
| revised 10-30-08.)
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| Section 99. Effective date. This Act takes effect upon | 25 |
| becoming law. |
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