Full Text of HB5214 97th General Assembly
HB5214ham002 97TH GENERAL ASSEMBLY | Rep. Randy Ramey, Jr. Filed: 3/6/2012
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| 1 | | AMENDMENT TO HOUSE BILL 5214
| 2 | | AMENDMENT NO. ______. Amend House Bill 5214 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Sections 1-144.5, 6-206.1, and 6-303, and 11-501 and | 6 | | by adding Section 1-111.9a as follows: | 7 | | (625 ILCS 5/1-111.9a new) | 8 | | Sec. 1-111.9a. Continuous alcohol monitoring device. A | 9 | | device that automatically tests breath, blood, or transdermal | 10 | | alcohol concentration levels at least once every hour and | 11 | | detects tamper attempts, regardless of the location of the | 12 | | person who is being monitored, and regularly transmits the | 13 | | data. | 14 | | (625 ILCS 5/1-144.5) | 15 | | Sec. 1-144.5. Monitoring device driving permit. A permit |
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| 1 | | that allows a person whose driver's license has been summarily | 2 | | suspended under Section 11-501.1 to drive a vehicle, for the | 3 | | applicable period described in Section 6-206.1, if the vehicle | 4 | | is equipped with an ignition interlock device as defined in | 5 | | Section 1-129.1 or if the person abstains from alcohol and | 6 | | wears a continuous alcohol monitoring device as defined in | 7 | | Section 1-111.9a .
| 8 | | (Source: P.A. 95-400, eff. 1-1-09 .) | 9 | | (625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1) | 10 | | Sec. 6-206.1. Monitoring Device Driving Permit. | 11 | | Declaration of Policy. It is hereby declared a policy of the
| 12 | | State of Illinois that the driver who is impaired by alcohol, | 13 | | other drug or
drugs, or intoxicating compound or compounds is a
| 14 | | threat to the public safety and welfare. Therefore, to
provide | 15 | | a deterrent to such practice, a statutory summary driver's | 16 | | license suspension is appropriate.
It is also recognized that | 17 | | driving is a privilege and therefore, that the granting of | 18 | | driving privileges, in a manner consistent with public
safety, | 19 | | is warranted during the period of suspension in the form of a | 20 | | monitoring device driving permit. A person who drives and fails | 21 | | to comply with the requirements of the monitoring device | 22 | | driving permit commits a violation of Section 6-303 of this | 23 | | Code. | 24 | | The following procedures shall apply whenever
a first | 25 | | offender, as defined in Section 11-500 of this Code, is |
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| 1 | | arrested for any offense as defined in Section 11-501
or a | 2 | | similar provision of a local ordinance and is subject to the | 3 | | provisions of Section 11-501.1: | 4 | | (a) Upon mailing of the notice of suspension of driving | 5 | | privileges as provided in subsection (h) of Section 11-501.1 of | 6 | | this Code, the Secretary shall also send written notice | 7 | | informing the person that he or she will be issued a monitoring | 8 | | device driving permit (MDDP). The notice shall include, at | 9 | | minimum, information summarizing the procedure to be followed | 10 | | for issuance of the MDDP, installation of the breath alcohol | 11 | | ignition installation device (BAIID) or fitting of the | 12 | | continuous alcohol monitoring device , as provided in this | 13 | | Section, exemption from BAIID installation requirements, and | 14 | | procedures to be followed by those seeking indigent status, as | 15 | | provided in this Section. The notice shall also include | 16 | | information summarizing the procedure to be followed if the | 17 | | person wishes to decline issuance of the MDDP. A copy of the | 18 | | notice shall also be sent to the court of venue together with | 19 | | the notice of suspension of driving privileges, as provided in | 20 | | subsection (h) of Section 11-501. However, a MDDP shall not be | 21 | | issued if the Secretary finds that:
| 22 | | (1) The offender's driver's license is otherwise | 23 | | invalid; | 24 | | (2) Death or great bodily harm resulted from the arrest | 25 | | for Section 11-501; | 26 | | (3) The offender has been previously convicted of |
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| 1 | | reckless homicide or aggravated driving under the | 2 | | influence involving death; or | 3 | | (4) The offender is less than 18 years of age. | 4 | | Any offender participating in the MDDP program must pay the | 5 | | Secretary a MDDP Administration Fee in an amount not to exceed | 6 | | $30 per month, to be deposited into the Monitoring Device | 7 | | Driving Permit Administration Fee Fund. The Secretary shall | 8 | | establish by rule the amount and the procedures, terms, and | 9 | | conditions relating to these fees. The offender must have an | 10 | | ignition interlock device installed or be fitted with a | 11 | | continuous alcohol monitoring device within 14 days of the date | 12 | | the Secretary issues the MDDP. The ignition interlock device or | 13 | | continuous alcohol monitoring device provider must notify the | 14 | | Secretary, in a manner and form prescribed by the Secretary, of | 15 | | the installation or fitting . If the Secretary does not receive | 16 | | notice of installation or fitting , the Secretary shall cancel | 17 | | the MDDP.
| 18 | | A MDDP shall not become effective prior to the 31st
day of | 19 | | the original statutory summary suspension. | 20 | | Upon receipt of the notice, as provided in paragraph (a) of | 21 | | this Section, the person may file a petition to decline | 22 | | issuance of the MDDP with the court of venue. The court shall | 23 | | admonish the offender of all consequences of declining issuance | 24 | | of the MDDP including, but not limited to, the enhanced | 25 | | penalties for driving while suspended. After being so | 26 | | admonished, the offender shall be permitted, in writing, to |
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| 1 | | execute a notice declining issuance of the MDDP. This notice | 2 | | shall be filed with the court and forwarded by the clerk of the | 3 | | court to the Secretary. The offender may, at any time | 4 | | thereafter, apply to the Secretary for issuance of a MDDP. | 5 | | (a-1) A person issued a MDDP may drive for any purpose and | 6 | | at any time, subject to the rules adopted by the Secretary | 7 | | under subsection (g). The person must, at his or her own | 8 | | expense, wear on his or her ankle a continuous alcohol | 9 | | monitoring device as defined in Section 1-111.9a or drive only | 10 | | vehicles equipped with an ignition interlock device as defined | 11 | | in Section 1-129.1, but in no event shall such person drive a | 12 | | commercial motor vehicle. | 13 | | (a-2) Persons who are issued a MDDP and must drive | 14 | | employer-owned vehicles in the course of their employment | 15 | | duties may seek permission to drive an employer-owned vehicle | 16 | | that does not have an ignition interlock device. The employer | 17 | | shall provide to the Secretary a form, as prescribed by the | 18 | | Secretary, completed by the employer verifying that the | 19 | | employee must drive an employer-owned vehicle in the course of | 20 | | employment. If approved by the Secretary, the form must be in | 21 | | the driver's possession while operating an employer-owner | 22 | | vehicle not equipped with an ignition interlock device. No | 23 | | person may use this exemption to drive a school bus, school | 24 | | vehicle, or a vehicle designed to transport more than 15 | 25 | | passengers. No person may use this exemption to drive an | 26 | | employer-owned motor vehicle that is owned by an entity that is |
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| 1 | | wholly or partially owned by the person holding the MDDP, or by | 2 | | a family member of the person holding the MDDP. No person may | 3 | | use this exemption to drive an employer-owned vehicle that is | 4 | | made available to the employee for personal use. No person may | 5 | | drive the exempted vehicle more than 12 hours per day, 6 days | 6 | | per week.
| 7 | | (a-3) Persons who are issued a MDDP and who must drive a | 8 | | farm tractor to and from a farm, within 50 air miles from the | 9 | | originating farm are exempt from installation of a BAIID on the | 10 | | farm tractor, so long as the farm tractor is being used for the | 11 | | exclusive purpose of conducting farm operations. | 12 | | (b) (Blank). | 13 | | (c) (Blank).
| 14 | | (c-1) If the holder of the MDDP is convicted of or receives | 15 | | court supervision for a violation of Section 6-206.2, 6-303, | 16 | | 11-204, 11-204.1, 11-401, 11-501, 11-503, 11-506 or a similar | 17 | | provision of a local ordinance or a similar out-of-state | 18 | | offense or is convicted of or receives court supervision for | 19 | | any offense for which alcohol or drugs is an element of the | 20 | | offense and in which a motor vehicle was involved (for an | 21 | | arrest other than the one for which the MDDP is issued), or | 22 | | de-installs the BAIID or removes the continuous alcohol | 23 | | monitoring device without prior authorization from the | 24 | | Secretary, the MDDP shall be cancelled. | 25 | | (c-2) If the holder of the MDDP has been fitted with a | 26 | | continuous alcohol monitoring device and the continuous |
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| 1 | | alcohol monitoring device detects the presence of alcohol in | 2 | | the person's system, the person shall be required to install an | 3 | | ignition interlock device and shall be subject to the rules | 4 | | governing ignition interlock devices. If, after giving notice | 5 | | of the requirement to install the ignition interlock device, | 6 | | the Secretary does not receive notice of installation of an | 7 | | ignition interlock device within 14 days, the Secretary shall | 8 | | cancel the MDDP. | 9 | | (c-5) If the Secretary determines that the person seeking | 10 | | the MDDP is indigent, the Secretary shall provide the person | 11 | | with a written document as evidence of that determination, and | 12 | | the person shall provide that written document to an ignition | 13 | | interlock device provider. The provider shall install an | 14 | | ignition interlock device on that person's vehicle without | 15 | | charge to the person, and seek reimbursement from the Indigent | 16 | | BAIID Fund.
If the Secretary has deemed an offender indigent, | 17 | | the BAIID provider shall also provide the normal monthly | 18 | | monitoring services and the de-installation without charge to | 19 | | the offender and seek reimbursement from the Indigent BAIID | 20 | | Fund. Any other monetary charges, such as a lockout fee or | 21 | | reset fee, shall be the responsibility of the MDDP holder. A | 22 | | BAIID provider may not seek a security deposit from the | 23 | | Indigent BAIID Fund. Nothing in this subsection (c-5) gives a | 24 | | person who is indigent the right to be fitted with a continuous | 25 | | alcohol monitoring device without payment of fees. | 26 | | (d) MDDP information
shall be available only to the courts, |
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| 1 | | police officers, and the Secretary, except during the actual | 2 | | period the MDDP is valid, during which
time it shall be a | 3 | | public record. | 4 | | (e) (Blank). | 5 | | (f) (Blank). | 6 | | (g) The Secretary shall adopt rules for implementing this | 7 | | Section. The rules adopted shall address issues including, but | 8 | | not limited to: compliance with the requirements of the MDDP; | 9 | | methods for determining compliance with those requirements; | 10 | | the consequences of noncompliance with those requirements; | 11 | | what constitutes a violation of the MDDP; methods for | 12 | | determining indigency; and the duties of a person or entity | 13 | | that supplies the ignition interlock device or continuous | 14 | | alcohol monitoring device . | 15 | | (h) The rules adopted under subsection (g) shall provide, | 16 | | at a minimum, that the person is not in compliance with the | 17 | | requirements of the MDDP if he or she: | 18 | | (1) tampers or attempts to tamper with or circumvent | 19 | | the proper operation of the ignition interlock device or | 20 | | continuous alcohol monitoring device ; | 21 | | (2) provides valid breath samples that register blood | 22 | | alcohol levels in excess of the number of times allowed | 23 | | under the rules; | 24 | | (3) fails to provide evidence sufficient to satisfy the | 25 | | Secretary that the ignition interlock device has been | 26 | | installed in the designated vehicle or vehicles or that the |
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| 1 | | person has been fitted with a continuous alcohol monitoring | 2 | | device ; or | 3 | | (4) fails to follow any other applicable rules adopted | 4 | | by the Secretary. | 5 | | (i) Any person or entity that supplies an ignition | 6 | | interlock device as provided under this Section shall, in | 7 | | addition to supplying only those devices which fully comply | 8 | | with all the rules adopted under subsection (g), provide the | 9 | | Secretary, within 7 days of inspection, all monitoring reports | 10 | | of each person who has had an ignition interlock device | 11 | | installed. These reports shall be furnished in a manner or form | 12 | | as prescribed by the Secretary. | 13 | | (i-5) A person or entity that supplies a continuous alcohol | 14 | | monitoring device as provided under this Section shall, in | 15 | | addition to supplying only those devices which fully comply | 16 | | with all the rules adopted under subsection (g), provide the | 17 | | Secretary, within 7 days of inspection, all monitoring reports | 18 | | of each person who has been fitted with a continuous alcohol | 19 | | monitoring device. These reports shall be furnished in a manner | 20 | | or form as prescribed by the Secretary. | 21 | | (j) Upon making a determination that a violation of the | 22 | | requirements of the MDDP has occurred, the Secretary shall | 23 | | extend the summary suspension period for an additional 3 months | 24 | | beyond the originally imposed summary suspension period, | 25 | | during which time the person shall only be allowed to drive | 26 | | while fitted with a continuous alcohol monitoring device or |
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| 1 | | drive vehicles equipped with an ignition interlock device; | 2 | | provided further there are no limitations on the total number | 3 | | of times the summary suspension may be extended. The Secretary | 4 | | may, however, limit the number of extensions imposed for | 5 | | violations occurring during any one monitoring period, as set | 6 | | forth by rule. Any person whose summary suspension is extended | 7 | | pursuant to this Section shall have the right to contest the | 8 | | extension through a hearing with the Secretary, pursuant to | 9 | | Section 2-118 of this Code. If the summary suspension has | 10 | | already terminated prior to the Secretary receiving the | 11 | | monitoring report that shows a violation, the Secretary shall | 12 | | be authorized to suspend the person's driving privileges for 3 | 13 | | months, provided that the Secretary may, by rule, limit the | 14 | | number of suspensions to be entered pursuant to this paragraph | 15 | | for violations occurring during any one monitoring period. Any | 16 | | person whose license is suspended pursuant to this paragraph, | 17 | | after the summary suspension had already terminated, shall have | 18 | | the right to contest the suspension through a hearing with the | 19 | | Secretary, pursuant to Section 2-118 of this Code. The only | 20 | | permit the person shall be eligible for during this new | 21 | | suspension period is a MDDP. | 22 | | (k) A person who has had his or her summary suspension | 23 | | extended for the third time, or has any combination of 3 | 24 | | extensions and new suspensions, entered as a result of a | 25 | | violation that occurred while holding the MDDP, so long as the | 26 | | extensions and new suspensions relate to the same summary |
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| 1 | | suspension, shall have his or her vehicle impounded for a | 2 | | period of 30 days, at the person's own expense. A person who | 3 | | has his or her summary suspension extended for the fourth time, | 4 | | or has any combination of 4 extensions and new suspensions, | 5 | | entered as a result of a violation that occurred while holding | 6 | | the MDDP, so long as the extensions and new suspensions relate | 7 | | to the same summary suspension, shall have his or her vehicle | 8 | | subject to seizure and forfeiture. The Secretary shall notify | 9 | | the prosecuting authority of any third or fourth extensions or | 10 | | new suspension entered as a result of a violation that occurred | 11 | | while the person held a MDDP. Upon receipt of the notification, | 12 | | the prosecuting authority shall impound or forfeit the vehicle. | 13 | | The impoundment or forfeiture of a vehicle shall be conducted | 14 | | pursuant to the procedure specified in Article 36 of the | 15 | | Criminal Code of 1961. | 16 | | (l) A person whose driving privileges have been suspended | 17 | | under Section 11-501.1 of this Code and who had a MDDP that was | 18 | | cancelled, or would have been cancelled had notification of a | 19 | | violation been received prior to expiration of the MDDP, | 20 | | pursuant to subsection (c-1) of this Section, shall not be | 21 | | eligible for reinstatement when the summary suspension is | 22 | | scheduled to terminate. Instead, the person's driving | 23 | | privileges shall be suspended for a period of not less than | 24 | | twice the original summary suspension period, or for the length | 25 | | of any extensions entered under subsection (j), whichever is | 26 | | longer. During the period of suspension, the person shall be |
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| 1 | | eligible only to apply for a restricted driving permit. If a | 2 | | restricted driving permit is granted, the offender may only | 3 | | operate vehicles equipped with a BAIID in accordance with this | 4 | | Section. | 5 | | (m) Any person or entity that supplies an ignition | 6 | | interlock device under this Section shall, for each ignition | 7 | | interlock device installed, pay 5% of the total gross revenue | 8 | | received for the device, including monthly monitoring fees, | 9 | | into the Indigent BAIID Fund. This 5% shall be clearly | 10 | | indicated as a separate surcharge on each invoice that is | 11 | | issued. The Secretary shall conduct an annual review of the | 12 | | fund to determine whether the surcharge is sufficient to | 13 | | provide for indigent users. The Secretary may increase or | 14 | | decrease this surcharge requirement as needed. | 15 | | (n) Any person or entity that supplies an ignition | 16 | | interlock device under this Section that is requested to | 17 | | provide an ignition interlock device to a person who presents | 18 | | written documentation of indigency from the Secretary, as | 19 | | provided in subsection (c-5) of this Section, shall install the | 20 | | device on the person's vehicle without charge to the person and | 21 | | shall seek reimbursement from the Indigent BAIID Fund. | 22 | | (o) The Indigent BAIID Fund is created as a special fund in | 23 | | the State treasury. The Secretary shall, subject to | 24 | | appropriation by the General Assembly, use all money in the | 25 | | Indigent BAIID Fund to reimburse ignition interlock device | 26 | | providers who have installed devices in vehicles of indigent |
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| 1 | | persons. The Secretary shall make payments to such providers | 2 | | every 3 months. If the amount of money in the fund at the time | 3 | | payments are made is not sufficient to pay all requests for | 4 | | reimbursement submitted during that 3 month period, the | 5 | | Secretary shall make payments on a pro-rata basis, and those | 6 | | payments shall be considered payment in full for the requests | 7 | | submitted. | 8 | | (p) The Monitoring Device Driving Permit Administration | 9 | | Fee Fund is created as a special fund in the State treasury. | 10 | | The Secretary shall, subject to appropriation by the General | 11 | | Assembly, use the money paid into this fund to offset its | 12 | | administrative costs for administering MDDPs.
| 13 | | (q) The Secretary is authorized to prescribe such forms as | 14 | | it deems necessary to carry out the provisions of this Section. | 15 | | (Source: P.A. 96-184, eff. 8-10-09; 96-1526, eff. 2-14-11; | 16 | | 97-229; eff. 7-28-11; revised 10-4-11.)
| 17 | | (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
| 18 | | Sec. 6-303. Driving while driver's license, permit or | 19 | | privilege to
operate a motor vehicle is suspended or revoked.
| 20 | | (a) Except as otherwise provided in subsection (a-5), any | 21 | | person who drives or is in actual physical control of a motor
| 22 | | vehicle on any highway of this State at a time when such | 23 | | person's driver's
license, permit or privilege to do so or the | 24 | | privilege to obtain a driver's
license or permit is revoked or | 25 | | suspended as provided by this Code or the law
of another state, |
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| 1 | | except as may be specifically allowed by a judicial driving
| 2 | | permit issued prior to January 1, 2009, monitoring device | 3 | | driving permit, family financial responsibility driving | 4 | | permit, probationary
license to drive, or a restricted driving | 5 | | permit issued pursuant to this Code
or under the law of another | 6 | | state, shall be guilty of a Class A misdemeanor.
| 7 | | (a-5) Any person who violates this Section as provided in | 8 | | subsection (a) while his or her driver's license, permit or | 9 | | privilege is revoked because of a violation of Section 9-3 of | 10 | | the Criminal Code of 1961, relating to the offense of reckless | 11 | | homicide or a similar provision of a law of another state, is | 12 | | guilty of a Class 4 felony. The person shall be required to | 13 | | undergo a professional evaluation, as provided in Section | 14 | | 11-501 of this Code, to determine if an alcohol, drug, or | 15 | | intoxicating compound problem exists and the extent of the | 16 | | problem, and to undergo the imposition of treatment as | 17 | | appropriate.
| 18 | | (b) (Blank). | 19 | | (b-1) Upon receiving a report of the conviction of any | 20 | | violation indicating a person was operating a motor vehicle | 21 | | during the time when the person's driver's license, permit or | 22 | | privilege was suspended by the Secretary of State or the | 23 | | driver's licensing administrator of another state, except as | 24 | | specifically allowed by a probationary license, judicial | 25 | | driving permit, restricted driving permit or monitoring device | 26 | | driving permit the Secretary shall extend the suspension for |
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| 1 | | the same period of time as the originally imposed suspension | 2 | | unless the suspension has already expired, in which case the | 3 | | Secretary shall be authorized to suspend the person's driving | 4 | | privileges for the same period of time as the originally | 5 | | imposed suspension. | 6 | | (b-2) Except as provided in subsection (b-6), upon | 7 | | receiving a report of the conviction of any violation | 8 | | indicating a person was operating a motor vehicle when the | 9 | | person's driver's license, permit or privilege was revoked by | 10 | | the Secretary of State or the driver's license administrator of | 11 | | any other state, except as specifically allowed by a restricted | 12 | | driving permit issued pursuant to this Code or the law of | 13 | | another state, the Secretary shall not issue a driver's license | 14 | | for an additional period of one year from the date of such | 15 | | conviction indicating such person was operating a vehicle | 16 | | during such period of revocation. | 17 | | (b-3) (Blank).
| 18 | | (b-4) When the Secretary of State receives a report of a | 19 | | conviction of any violation indicating a person was operating a | 20 | | motor vehicle that was not equipped with an ignition interlock | 21 | | device during a time when the person was prohibited from | 22 | | operating a motor vehicle not equipped with such a device, the | 23 | | Secretary shall not issue a driver's license to that person for | 24 | | an additional period of one year from the date of the | 25 | | conviction.
| 26 | | (b-5) Any person convicted of violating this Section shall |
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| 1 | | serve a minimum
term of imprisonment of 30 consecutive days or | 2 | | 300
hours of community service
when the person's driving | 3 | | privilege was revoked or suspended as a result of a violation | 4 | | of Section 9-3 of the Criminal Code of 1961, as amended,
| 5 | | relating to the offense of reckless homicide, or a similar | 6 | | provision of a law of another state.
| 7 | | (b-6) Upon receiving a report of a first conviction of | 8 | | operating a motor vehicle while the person's driver's license, | 9 | | permit or privilege was revoked where the revocation was for a | 10 | | violation of Section 9-3 of the Criminal Code of 1961 relating | 11 | | to the offense of reckless homicide or a similar out-of-state | 12 | | offense, the Secretary shall not issue a driver's license for | 13 | | an additional period of three years from the date of such | 14 | | conviction. | 15 | | (c) Except as provided in subsections (c-3) and (c-4), any | 16 | | person convicted of violating this Section shall serve a | 17 | | minimum
term of imprisonment of 10 consecutive days or 30
days | 18 | | of community service
when the person's driving privilege was | 19 | | revoked or suspended as a result of:
| 20 | | (1) a violation of Section 11-501 of this Code or a | 21 | | similar provision
of a local ordinance relating to the | 22 | | offense of operating or being in physical
control of a | 23 | | vehicle while under the influence of alcohol, any other | 24 | | drug
or any combination thereof; or
| 25 | | (2) a violation of paragraph (b) of Section 11-401 of | 26 | | this Code or a
similar provision of a local ordinance |
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| 1 | | relating to the offense of leaving the
scene of a motor | 2 | | vehicle accident involving personal injury or death; or
| 3 | | (3)
a statutory summary suspension or revocation under | 4 | | Section 11-501.1 of this
Code.
| 5 | | Such sentence of imprisonment or community service shall | 6 | | not be subject
to suspension in order to reduce such sentence.
| 7 | | (c-1) Except as provided in subsections (c-5) and (d), any | 8 | | person convicted of a
second violation of this Section shall be | 9 | | ordered by the court to serve a
minimum
of 100 hours of | 10 | | community service.
| 11 | | (c-2) In addition to other penalties imposed under this | 12 | | Section, the
court may impose on any person convicted a fourth | 13 | | time of violating this
Section any of
the following:
| 14 | | (1) Seizure of the license plates of the person's | 15 | | vehicle.
| 16 | | (2) Immobilization of the person's vehicle for a period | 17 | | of time
to be determined by the court.
| 18 | | (c-3) Any person convicted of a violation of this Section | 19 | | during a period of summary suspension imposed pursuant to | 20 | | Section 11-501.1 when the person was eligible for a MDDP shall | 21 | | be guilty of a Class 4 felony and shall serve a minimum term of | 22 | | imprisonment of 30 days. | 23 | | (c-4) Any person who has been issued a MDDP and who is | 24 | | convicted of a violation of this Section as a result of | 25 | | operating or being in actual physical control of a motor | 26 | | vehicle not equipped with an ignition interlock device or in |
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| 1 | | actual physical control of a vehicle while not fitted with a | 2 | | continuous alcohol monitoring device at the time of the offense | 3 | | shall be guilty of a Class 4 felony and shall serve a minimum | 4 | | term of imprisonment of 30 days.
| 5 | | (c-5) Any person convicted of a second violation of this
| 6 | | Section is guilty of a Class 2 felony, is not eligible for | 7 | | probation or conditional discharge, and shall serve a mandatory | 8 | | term of
imprisonment, if the
revocation or
suspension was for a | 9 | | violation of Section 9-3 of the Criminal Code of 1961, relating
| 10 | | to the offense of reckless homicide, or a similar out-of-state | 11 | | offense.
| 12 | | (d) Any person convicted of a second violation of this
| 13 | | Section shall be guilty of a Class 4 felony and shall serve a | 14 | | minimum term of
imprisonment of 30 days or 300 hours of | 15 | | community service, as determined by the
court, if the original
| 16 | | revocation or
suspension was for a violation of Section 11-401 | 17 | | or 11-501 of this Code,
or a similar out-of-state offense, or a | 18 | | similar provision of a local
ordinance, or a
statutory summary | 19 | | suspension or revocation under Section 11-501.1 of this Code.
| 20 | | (d-1) Except as provided in subsections (d-2), (d-2.5), and | 21 | | (d-3), any
person convicted of
a third or subsequent violation | 22 | | of this Section shall serve a minimum term of
imprisonment of | 23 | | 30 days or 300 hours of community service, as determined by the
| 24 | | court.
| 25 | | (d-2) Any person convicted of a third violation of this
| 26 | | Section is guilty of a Class 4 felony and must serve a minimum |
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| 1 | | term of
imprisonment of 30 days if the revocation or
suspension | 2 | | was for a violation of Section 11-401 or 11-501 of this Code,
| 3 | | or a similar out-of-state offense, or a similar provision of a | 4 | | local
ordinance, or a
statutory summary suspension or | 5 | | revocation under Section 11-501.1 of this Code.
| 6 | | (d-2.5) Any person convicted of a third violation of this
| 7 | | Section is guilty of a Class 1 felony, is not eligible for | 8 | | probation or conditional discharge, and must serve a mandatory | 9 | | term of
imprisonment if the revocation or
suspension was for a | 10 | | violation of Section 9-3 of the Criminal Code of 1961, relating | 11 | | to the offense of reckless homicide, or a similar out-of-state | 12 | | offense.
The person's driving privileges shall be revoked for | 13 | | the remainder of the person's life. | 14 | | (d-3) Any person convicted of a fourth, fifth, sixth, | 15 | | seventh, eighth, or ninth violation of this
Section is guilty | 16 | | of a Class 4 felony and must serve a minimum term of
| 17 | | imprisonment of 180 days if the revocation or suspension was | 18 | | for a
violation of Section 11-401 or 11-501 of this Code, or a | 19 | | similar out-of-state
offense, or a similar provision of a local | 20 | | ordinance, or a statutory
summary suspension or revocation | 21 | | under Section 11-501.1 of this Code.
| 22 | | (d-3.5) Any person convicted of a fourth or subsequent | 23 | | violation of this
Section is guilty of a Class 1 felony, is not | 24 | | eligible for probation or conditional discharge, and must serve | 25 | | a mandatory term of
imprisonment, and is eligible for an | 26 | | extended term, if the revocation or suspension was for a
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| 1 | | violation of Section 9-3 of the Criminal Code of 1961, relating | 2 | | to the offense of reckless homicide, or a similar out-of-state | 3 | | offense.
| 4 | | (d-4) Any person convicted of a tenth, eleventh, twelfth, | 5 | | thirteenth, or fourteenth violation of this Section is guilty | 6 | | of a Class 3 felony, and is not eligible for probation or | 7 | | conditional discharge, if the revocation or suspension was for | 8 | | a violation of Section 11-401 or 11-501 of this Code, or a | 9 | | similar out-of-state offense, or a similar provision of a local | 10 | | ordinance, or a statutory summary suspension or revocation | 11 | | under Section 11-501.1 of this Code. | 12 | | (d-5) Any person convicted of a fifteenth or subsequent | 13 | | violation of this Section is guilty of a Class 2 felony, and is | 14 | | not eligible for probation or conditional discharge, if the | 15 | | revocation or suspension was for a violation of Section 11-401 | 16 | | or 11-501 of this Code, or a similar out-of-state offense, or a | 17 | | similar provision of a local ordinance, or a statutory summary | 18 | | suspension or revocation under Section 11-501.1 of this Code.
| 19 | | (e) Any person in violation of this Section who is also in | 20 | | violation of
Section 7-601 of this Code relating to mandatory | 21 | | insurance requirements, in
addition to other penalties imposed | 22 | | under this Section, shall have his or her
motor vehicle | 23 | | immediately impounded by the arresting law enforcement | 24 | | officer.
The motor vehicle may be released to any licensed | 25 | | driver upon a showing of
proof of insurance for the vehicle | 26 | | that was impounded and the notarized written
consent for the |
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| 1 | | release by the vehicle owner.
| 2 | | (f) For any prosecution under this Section, a certified | 3 | | copy of the
driving abstract of the defendant shall be admitted | 4 | | as proof of any prior
conviction.
| 5 | | (g) The motor vehicle used in a violation of this Section | 6 | | is subject
to seizure and forfeiture as provided in Sections | 7 | | 36-1 and 36-2 of the
Criminal Code of 1961 if the person's | 8 | | driving privilege was revoked
or suspended as a result of a | 9 | | violation listed in paragraph (1) or (2) of subsection (c) of | 10 | | this Section, as a result of a summary
suspension or revocation | 11 | | as provided in paragraph (3) of subsection (c) of this
Section, | 12 | | or as a result of a violation of Section 9-3 of the Criminal | 13 | | Code of 1961 relating to the offense of reckless homicide.
| 14 | | (Source: P.A. 95-27, eff. 1-1-08; 95-377, eff. 1-1-08; 95-400, | 15 | | eff. 1-1-09; 95-578, eff. 6-1-08; 95-876, eff. 8-21-08; 95-991, | 16 | | eff. 6-1-09; 96-502, eff. 1-1-10; 96-607, eff. 8-24-09; | 17 | | 96-1000, eff. 7-2-10; 96-1344, eff. 7-1-11 .)
| 18 | | (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) | 19 | | Sec. 11-501. Driving while under the influence of alcohol, | 20 | | other drug or drugs, intoxicating compound or compounds or any | 21 | | combination thereof.
| 22 | | (a) A person shall not drive or be in actual physical | 23 | | control of any vehicle within this State while: | 24 | | (1) the alcohol concentration in the person's blood or | 25 | | breath is 0.08 or more based on the definition of blood and |
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| 1 | | breath units in Section 11-501.2; | 2 | | (2) under the influence of alcohol; | 3 | | (3) under the influence of any intoxicating compound or | 4 | | combination of intoxicating compounds to a degree that | 5 | | renders the person incapable of driving safely; | 6 | | (4) under the influence of any other drug or | 7 | | combination of drugs to a degree that renders the person | 8 | | incapable of safely driving; | 9 | | (5) under the combined influence of alcohol, other drug | 10 | | or drugs, or intoxicating compound or compounds to a degree | 11 | | that renders the person incapable of safely driving; or | 12 | | (6) there is any amount of a drug, substance, or | 13 | | compound in the person's breath, blood, or urine resulting | 14 | | from the unlawful use or consumption of cannabis listed in | 15 | | the Cannabis Control Act, a controlled substance listed in | 16 | | the Illinois Controlled Substances Act, an intoxicating | 17 | | compound listed in the Use of Intoxicating Compounds Act, | 18 | | or methamphetamine as listed in the Methamphetamine | 19 | | Control and Community Protection Act.
| 20 | | (b) The fact that any person charged with violating this | 21 | | Section is or has been legally entitled to use alcohol, other | 22 | | drug or drugs, or intoxicating compound or compounds, or any | 23 | | combination thereof, shall not constitute a defense against any | 24 | | charge of violating this Section. | 25 | | (c) Penalties. | 26 | | (1) Except as otherwise provided in this Section, any |
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| 1 | | person convicted of violating subsection (a) of this | 2 | | Section is guilty of a Class A misdemeanor. | 3 | | (2) A person who violates subsection (a) or a similar | 4 | | provision a second time shall be sentenced to a mandatory | 5 | | minimum term of either 5 days of imprisonment or 240 hours | 6 | | of community service in addition to any other criminal or | 7 | | administrative sanction. | 8 | | (3) A person who violates subsection (a) is subject to | 9 | | 6 months of imprisonment, an additional mandatory minimum | 10 | | fine of $1,000, and 25 days of community service in a | 11 | | program benefiting children if the person was transporting | 12 | | a person under the age of 16 at the time of the violation. | 13 | | (4) A person who violates subsection (a) a first time, | 14 | | if the alcohol concentration in his or her blood, breath, | 15 | | or urine was 0.16 or more based on the definition of blood, | 16 | | breath, or urine units in Section 11-501.2, shall be | 17 | | subject, in addition to any other penalty that may be | 18 | | imposed, to a mandatory minimum of 100 hours of community | 19 | | service and a mandatory minimum fine of $500. | 20 | | (5) A person who violates subsection (a) a second time, | 21 | | if at the time of the second violation the alcohol | 22 | | concentration in his or her blood, breath, or urine was | 23 | | 0.16 or more based on the definition of blood, breath, or | 24 | | urine units in Section 11-501.2, shall be subject, in | 25 | | addition to any other penalty that may be imposed, to a | 26 | | mandatory minimum of 2 days of imprisonment and a mandatory |
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| 1 | | minimum fine of $1,250. | 2 | | (d) Aggravated driving under the influence of alcohol, | 3 | | other drug or drugs, or intoxicating compound or compounds, or | 4 | | any combination thereof.
| 5 | | (1) Every person convicted of committing a violation of | 6 | | this Section shall be guilty of aggravated driving under | 7 | | the influence of alcohol, other drug or drugs, or | 8 | | intoxicating compound or compounds, or any combination | 9 | | thereof if: | 10 | | (A) the person committed a violation of subsection | 11 | | (a) or a similar provision for the third or subsequent | 12 | | time; | 13 | | (B) the person committed a violation of subsection | 14 | | (a) while driving a school bus with persons 18 years of | 15 | | age or younger on board; | 16 | | (C) the person in committing a violation of | 17 | | subsection (a) was involved in a motor vehicle accident | 18 | | that resulted in great bodily harm or permanent | 19 | | disability or disfigurement to another, when the | 20 | | violation was a proximate cause of the injuries; | 21 | | (D) the person committed a violation of subsection | 22 | | (a) and has been previously convicted of violating | 23 | | Section 9-3 of the Criminal Code of 1961 or a similar | 24 | | provision of a law of another state relating to | 25 | | reckless homicide in which the person was determined to | 26 | | have been under the influence of alcohol, other drug or |
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| 1 | | drugs, or intoxicating compound or compounds as an | 2 | | element of the offense or the person has previously | 3 | | been convicted under subparagraph (C) or subparagraph | 4 | | (F) of this paragraph (1); | 5 | | (E) the person, in committing a violation of | 6 | | subsection (a) while driving at any speed in a school | 7 | | speed zone at a time when a speed limit of 20 miles per | 8 | | hour was in effect under subsection (a) of Section | 9 | | 11-605 of this Code, was involved in a motor vehicle | 10 | | accident that resulted in bodily harm, other than great | 11 | | bodily harm or permanent disability or disfigurement, | 12 | | to another person, when the violation of subsection (a) | 13 | | was a proximate cause of the bodily harm; | 14 | | (F) the person, in committing a violation of | 15 | | subsection (a), was involved in a motor vehicle, | 16 | | snowmobile, all-terrain vehicle, or watercraft | 17 | | accident that resulted in the death of another person, | 18 | | when the violation of subsection (a) was a proximate | 19 | | cause of the death; | 20 | | (G) the person committed a violation of subsection | 21 | | (a) during a period in which the defendant's driving | 22 | | privileges are revoked or suspended, where the | 23 | | revocation or suspension was for a violation of | 24 | | subsection (a) or a similar provision, Section | 25 | | 11-501.1, paragraph (b) of Section 11-401, or for | 26 | | reckless homicide as defined in Section 9-3 of the |
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| 1 | | Criminal Code of 1961; | 2 | | (H) the person committed the violation while he or | 3 | | she did not possess a driver's license or permit or a | 4 | | restricted driving permit or a judicial driving permit | 5 | | or a monitoring device driving permit; | 6 | | (I) the person committed the violation while he or | 7 | | she knew or should have known that the vehicle he or | 8 | | she was driving was not covered by a liability | 9 | | insurance policy; | 10 | | (J) the person in committing a violation of | 11 | | subsection (a) was involved in a motor vehicle accident | 12 | | that resulted in bodily harm, but not great bodily | 13 | | harm, to the child under the age of 16 being | 14 | | transported by the person, if the violation was the | 15 | | proximate cause of the injury; or | 16 | | (K) the person in committing a second violation of | 17 | | subsection (a) or a similar provision was transporting | 18 | | a person under the age of 16. | 19 | | (2)(A) Except as provided otherwise, a person | 20 | | convicted of aggravated driving under the influence of | 21 | | alcohol, other drug or drugs, or intoxicating compound or | 22 | | compounds, or any combination thereof is guilty of a Class | 23 | | 4 felony. | 24 | | (B) A third violation of this Section or a similar | 25 | | provision is a Class 2 felony. If at the time of the third | 26 | | violation the alcohol concentration in his or her blood, |
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| 1 | | breath, or urine was 0.16 or more based on the definition | 2 | | of blood, breath, or urine units in Section 11-501.2, a | 3 | | mandatory minimum of 90 days of imprisonment and a | 4 | | mandatory minimum fine of $2,500 shall be imposed in | 5 | | addition to any other criminal or administrative sanction. | 6 | | If at the time of the third violation, the defendant was | 7 | | transporting a person under the age of 16, a mandatory fine | 8 | | of $25,000 and 25 days of community service in a program | 9 | | benefiting children shall be imposed in addition to any | 10 | | other criminal or administrative sanction. | 11 | | (C) A fourth violation of this Section or a similar | 12 | | provision is a Class 2 felony, for which a sentence of | 13 | | probation or conditional discharge may not be imposed. If | 14 | | at the time of the violation, the alcohol concentration in | 15 | | the defendant's blood, breath, or urine was 0.16 or more | 16 | | based on the definition of blood, breath, or urine units in | 17 | | Section 11-501.2, a mandatory minimum fine of $5,000 shall | 18 | | be imposed in addition to any other criminal or | 19 | | administrative sanction. If at the time of the fourth | 20 | | violation, the defendant was transporting a person under | 21 | | the age of 16 a mandatory fine of $25,000 and 25 days of | 22 | | community service in a program benefiting children shall be | 23 | | imposed in addition to any other criminal or administrative | 24 | | sanction. | 25 | | (D) A fifth violation of this Section or a similar | 26 | | provision is a Class 1 felony, for which a sentence of |
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| 1 | | probation or conditional discharge may not be imposed. If | 2 | | at the time of the violation, the alcohol concentration in | 3 | | the defendant's blood, breath, or urine was 0.16 or more | 4 | | based on the definition of blood, breath, or urine units in | 5 | | Section 11-501.2, a mandatory minimum fine of $5,000 shall | 6 | | be imposed in addition to any other criminal or | 7 | | administrative sanction. If at the time of the fifth | 8 | | violation, the defendant was transporting a person under | 9 | | the age of 16, a mandatory fine of $25,000, and 25 days of | 10 | | community service in a program benefiting children shall be | 11 | | imposed in addition to any other criminal or administrative | 12 | | sanction. | 13 | | (E) A sixth or subsequent violation of this Section or | 14 | | similar provision is a Class X felony. If at the time of | 15 | | the violation, the alcohol concentration in the | 16 | | defendant's blood, breath, or urine was 0.16 or more based | 17 | | on the definition of blood, breath, or urine units in | 18 | | Section 11-501.2, a mandatory minimum fine of $5,000 shall | 19 | | be imposed in addition to any other criminal or | 20 | | administrative sanction. If at the time of the violation, | 21 | | the defendant was transporting a person under the age of | 22 | | 16, a mandatory fine of $25,000 and 25 days of community | 23 | | service in a program benefiting children shall be imposed | 24 | | in addition to any other criminal or administrative | 25 | | sanction. | 26 | | (F) For a violation of subparagraph (C) of paragraph |
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| 1 | | (1) of this subsection (d), the defendant, if sentenced to | 2 | | a term of imprisonment, shall be sentenced to not less than | 3 | | one year nor more than 12 years. | 4 | | (G) A violation of subparagraph (F) of paragraph (1) of | 5 | | this subsection (d) is a Class 2 felony, for which the | 6 | | defendant, unless the court determines that extraordinary | 7 | | circumstances exist and require probation, shall be | 8 | | sentenced to: (i) a term of imprisonment of not less than 3 | 9 | | years and not more than 14 years if the violation resulted | 10 | | in the death of one person; or (ii) a term of imprisonment | 11 | | of not less than 6 years and not more than 28 years if the | 12 | | violation resulted in the deaths of 2 or more persons. | 13 | | (H) For a violation of subparagraph (J) of paragraph | 14 | | (1) of this subsection (d), a mandatory fine of $2,500, and | 15 | | 25 days of community service in a program benefiting | 16 | | children shall be imposed in addition to any other criminal | 17 | | or administrative sanction. | 18 | | (I) A violation of subparagraph (K) of paragraph (1) of | 19 | | this subsection (d), is a Class 2 felony and a mandatory | 20 | | fine of $2,500, and 25 days of community service in a | 21 | | program benefiting children shall be imposed in addition to | 22 | | any other criminal or administrative sanction. If the child | 23 | | being transported suffered bodily harm, but not great | 24 | | bodily harm, in a motor vehicle accident, and the violation | 25 | | was the proximate cause of that injury, a mandatory fine of | 26 | | $5,000 and 25 days of community service in a program |
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| 1 | | benefiting children shall be imposed in addition to any | 2 | | other criminal or administrative sanction. | 3 | | (J) A violation of subparagraph (D) of paragraph (1) of | 4 | | this subsection (d) is a Class 3 felony, for which a | 5 | | sentence of probation or conditional discharge may not be | 6 | | imposed. | 7 | | (3) Any person sentenced under this subsection (d) who | 8 | | receives a term of probation or conditional discharge must | 9 | | serve a minimum term of either 480 hours of community | 10 | | service or 10 days of imprisonment as a condition of the | 11 | | probation or conditional discharge in addition to any other | 12 | | criminal or administrative sanction. | 13 | | (e) Any reference to a prior violation of subsection (a) or | 14 | | a similar provision includes any violation of a provision of a | 15 | | local ordinance or a provision of a law of another state or an | 16 | | offense committed on a military installation that is similar to | 17 | | a violation of subsection (a) of this Section. | 18 | | (f) The imposition of a mandatory term of imprisonment or | 19 | | assignment of community service for a violation of this Section | 20 | | shall not be suspended or reduced by the court. | 21 | | (g) Any penalty imposed for driving with a license that has | 22 | | been revoked for a previous violation of subsection (a) of this | 23 | | Section shall be in addition to the penalty imposed for any | 24 | | subsequent violation of subsection (a). | 25 | | (h) For any prosecution under this Section, a certified | 26 | | copy of the driving abstract of the defendant shall be admitted |
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| 1 | | as proof of any prior conviction.
| 2 | | (i) A person sentenced for a violation of this Section who, | 3 | | as a condition of supervision, probation, or conditional | 4 | | discharge is required to be fitted with a continuous alcohol | 5 | | monitoring device as defined by Section 1-111.9a of this Code, | 6 | | must be fitted with the continuous alcohol monitoring device by | 7 | | an in-county provider. | 8 | | (Source: P.A. 95-149, eff. 8-14-07; 95-355, eff. 1-1-08; | 9 | | 95-400, eff. 1-1-09; 95-578, eff. 6-1-08; 95-778, eff. 8-4-08; | 10 | | 95-876, eff. 8-21-08; 96-289, eff. 8-11-09.)
| 11 | | Section 10. The Unified Code of Corrections is amended by | 12 | | changing Section 5-6-1 as follows:
| 13 | | (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
| 14 | | Sec. 5-6-1. Sentences of Probation and of Conditional
| 15 | | Discharge and Disposition of Supervision.
The General Assembly | 16 | | finds that in order to protect the public, the
criminal justice | 17 | | system must compel compliance with the conditions of probation
| 18 | | by responding to violations with swift, certain and fair | 19 | | punishments and
intermediate sanctions. The Chief Judge of each | 20 | | circuit shall adopt a system of
structured, intermediate | 21 | | sanctions for violations of the terms and conditions
of a | 22 | | sentence of probation, conditional discharge or disposition of
| 23 | | supervision.
| 24 | | (a) Except where specifically prohibited by other
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| 1 | | provisions of this Code, the court shall impose a sentence
of | 2 | | probation or conditional discharge upon an offender
unless, | 3 | | having regard to the nature and circumstance of
the offense, | 4 | | and to the history, character and condition
of the offender, | 5 | | the court is of the opinion that:
| 6 | | (1) his imprisonment or periodic imprisonment is | 7 | | necessary
for the protection of the public; or
| 8 | | (2) probation or conditional discharge would deprecate
| 9 | | the seriousness of the offender's conduct and would be
| 10 | | inconsistent with the ends of justice; or
| 11 | | (3) a combination of imprisonment with concurrent or | 12 | | consecutive probation when an offender has been admitted | 13 | | into a drug court program under Section 20 of the Drug | 14 | | Court Treatment Act is necessary for the protection of the | 15 | | public and for the rehabilitation of the offender.
| 16 | | The court shall impose as a condition of a sentence of | 17 | | probation,
conditional discharge, or supervision, that the | 18 | | probation agency may invoke any
sanction from the list of | 19 | | intermediate sanctions adopted by the chief judge of
the | 20 | | circuit court for violations of the terms and conditions of the | 21 | | sentence of
probation, conditional discharge, or supervision, | 22 | | subject to the provisions of
Section 5-6-4 of this Act.
| 23 | | (b) The court may impose a sentence of conditional
| 24 | | discharge for an offense if the court is of the opinion
that | 25 | | neither a sentence of imprisonment nor of periodic
imprisonment | 26 | | nor of probation supervision is appropriate.
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| 1 | | (b-1) Subsections (a) and (b) of this Section do not apply | 2 | | to a defendant charged with a misdemeanor or felony under the | 3 | | Illinois Vehicle Code or reckless homicide under Section 9-3 of | 4 | | the Criminal Code of 1961 if the defendant within the past 12 | 5 | | months has been convicted of or pleaded guilty to a misdemeanor | 6 | | or felony under the Illinois Vehicle Code or reckless homicide | 7 | | under Section 9-3 of the Criminal Code of 1961. | 8 | | (c) The court may, upon a plea of guilty or a stipulation
| 9 | | by the defendant of the facts supporting the charge or a
| 10 | | finding of guilt, defer further proceedings and the
imposition | 11 | | of a sentence, and enter an order for supervision of the | 12 | | defendant,
if the defendant is not charged with: (i) a Class A | 13 | | misdemeanor, as
defined by the following provisions of the | 14 | | Criminal Code of 1961: Sections
11-9.1; 12-3.2; 11-1.50 or | 15 | | 12-15; 26-5; 31-1; 31-6; 31-7; subsections (b) and (c) of | 16 | | Section
21-1;
paragraph (1) through (5), (8), (10), and (11) of | 17 | | subsection (a) of Section
24-1; (ii) a Class A misdemeanor | 18 | | violation of Section
3.01,
3.03-1, or 4.01 of the Humane Care
| 19 | | for Animals Act; or (iii)
a felony.
If the defendant
is not | 20 | | barred from receiving an order for supervision as provided in | 21 | | this
subsection, the court may enter an order for supervision | 22 | | after considering the
circumstances of the offense, and the | 23 | | history,
character and condition of the offender, if the court | 24 | | is of the opinion
that:
| 25 | | (1) the offender is not likely to commit further | 26 | | crimes;
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| 1 | | (2) the defendant and the public would be best served | 2 | | if the
defendant were not to receive a criminal record; and
| 3 | | (3) in the best interests of justice an order of | 4 | | supervision
is more appropriate than a sentence otherwise | 5 | | permitted under this Code.
| 6 | | (c-5) Subsections (a), (b), and (c) of this Section do not | 7 | | apply to a defendant charged with a second or subsequent | 8 | | violation of Section 6-303 of the Illinois Vehicle Code | 9 | | committed while his or her driver's license, permit or | 10 | | privileges were revoked because of a violation of Section 9-3 | 11 | | of the Criminal Code of 1961, relating to the offense of | 12 | | reckless homicide, or a similar provision of a law of another | 13 | | state.
| 14 | | (d) The provisions of paragraph (c) shall not apply to a | 15 | | defendant charged
with violating Section 11-501 of the Illinois | 16 | | Vehicle Code or a similar
provision of a local
ordinance when | 17 | | the defendant has previously been:
| 18 | | (1) convicted for a violation of Section 11-501 of
the | 19 | | Illinois Vehicle
Code or a similar provision of a
local | 20 | | ordinance or any similar law or ordinance of another state; | 21 | | or
| 22 | | (2) assigned supervision for a violation of Section | 23 | | 11-501 of the Illinois
Vehicle Code or a similar provision | 24 | | of a local ordinance or any similar law
or ordinance of | 25 | | another state; or
| 26 | | (3) pleaded guilty to or stipulated to the facts |
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| 1 | | supporting
a charge or a finding of guilty to a violation | 2 | | of Section 11-503 of the
Illinois Vehicle Code or a similar | 3 | | provision of a local ordinance or any
similar law or | 4 | | ordinance of another state, and the
plea or stipulation was | 5 | | the result of a plea agreement.
| 6 | | The court shall consider the statement of the prosecuting
| 7 | | authority with regard to the standards set forth in this | 8 | | Section.
| 9 | | (e) The provisions of paragraph (c) shall not apply to a | 10 | | defendant
charged with violating Section 16-25 or 16A-3 of the | 11 | | Criminal Code of 1961 if said
defendant has within the last 5 | 12 | | years been:
| 13 | | (1) convicted for a violation of Section 16-25 or 16A-3 | 14 | | of the Criminal Code of
1961; or
| 15 | | (2) assigned supervision for a violation of Section | 16 | | 16-25 or 16A-3 of the Criminal
Code of 1961.
| 17 | | The court shall consider the statement of the prosecuting | 18 | | authority with
regard to the standards set forth in this | 19 | | Section.
| 20 | | (f) The provisions of paragraph (c) shall not apply to a | 21 | | defendant
charged with violating Sections 15-111, 15-112, | 22 | | 15-301, paragraph (b)
of Section 6-104, Section 11-605, Section | 23 | | 11-1002.5, or Section 11-1414
of the Illinois Vehicle Code or a | 24 | | similar provision of a local ordinance.
| 25 | | (g) Except as otherwise provided in paragraph (i) of this | 26 | | Section, the
provisions of paragraph (c) shall not apply to a
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| 1 | | defendant charged with violating Section
3-707, 3-708, 3-710, | 2 | | or 5-401.3
of the Illinois Vehicle Code or a similar provision | 3 | | of a local ordinance if the
defendant has within the last 5 | 4 | | years been:
| 5 | | (1) convicted for a violation of Section 3-707, 3-708, | 6 | | 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | 7 | | provision of a local
ordinance; or
| 8 | | (2) assigned supervision for a violation of Section | 9 | | 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle | 10 | | Code or a similar provision of a local
ordinance.
| 11 | | The court shall consider the statement of the prosecuting | 12 | | authority with
regard to the standards set forth in this | 13 | | Section.
| 14 | | (h) The provisions of paragraph (c) shall not apply to a | 15 | | defendant under
the age of 21 years charged with violating a | 16 | | serious traffic offense as defined
in Section 1-187.001 of the | 17 | | Illinois Vehicle Code:
| 18 | | (1) unless the defendant, upon payment of the fines, | 19 | | penalties, and costs
provided by law, agrees to attend and | 20 | | successfully complete a traffic safety
program approved by | 21 | | the court under standards set by the Conference of Chief
| 22 | | Circuit Judges. The accused shall be responsible for | 23 | | payment of any traffic
safety program fees. If the accused | 24 | | fails to file a certificate of
successful completion on or | 25 | | before the termination date of the supervision
order, the | 26 | | supervision shall be summarily revoked and conviction |
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| 1 | | entered. The
provisions of Supreme Court Rule 402 relating | 2 | | to pleas of guilty do not apply
in cases when a defendant | 3 | | enters a guilty plea under this provision; or
| 4 | | (2) if the defendant has previously been sentenced | 5 | | under the provisions of
paragraph (c) on or after January | 6 | | 1, 1998 for any serious traffic offense as
defined in | 7 | | Section 1-187.001 of the Illinois Vehicle Code.
| 8 | | (h-1) The provisions of paragraph (c) shall not apply to a | 9 | | defendant under the age of 21 years charged with an offense | 10 | | against traffic regulations governing the movement of vehicles | 11 | | or any violation of Section 6-107 or Section 12-603.1 of the | 12 | | Illinois Vehicle Code, unless the defendant, upon payment of | 13 | | the fines, penalties, and costs provided by law, agrees to | 14 | | attend and successfully complete a traffic safety program | 15 | | approved by the court under standards set by the Conference of | 16 | | Chief 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 entered. | 21 | | The provisions of Supreme Court Rule 402 relating to pleas of | 22 | | guilty do not apply in cases when a defendant enters a guilty | 23 | | plea under this provision.
| 24 | | (i) The provisions of paragraph (c) shall not apply to a | 25 | | defendant charged
with violating Section 3-707 of the Illinois | 26 | | Vehicle Code or a similar
provision of a local ordinance if the |
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| 1 | | defendant has been assigned supervision
for a violation of | 2 | | Section 3-707 of the Illinois Vehicle Code or a similar
| 3 | | provision of a local ordinance.
| 4 | | (j) The provisions of paragraph (c) shall not apply to a
| 5 | | defendant charged with violating
Section 6-303 of the Illinois | 6 | | Vehicle Code or a similar provision of
a local ordinance when | 7 | | the revocation or suspension was for a violation of
Section | 8 | | 11-501 or a similar provision of a local ordinance or a | 9 | | violation of
Section 11-501.1 or paragraph (b) of Section | 10 | | 11-401 of the Illinois Vehicle
Code if the
defendant has within | 11 | | the last 10 years been:
| 12 | | (1) convicted for a violation of Section 6-303 of the | 13 | | Illinois Vehicle
Code or a similar provision of a local | 14 | | ordinance; or
| 15 | | (2) assigned supervision for a violation of Section | 16 | | 6-303 of the Illinois
Vehicle Code or a similar provision | 17 | | of a local ordinance. | 18 | | (k) The provisions of paragraph (c) shall not apply to a
| 19 | | defendant charged with violating
any provision of the Illinois | 20 | | Vehicle Code or a similar provision of a local ordinance that | 21 | | governs the movement of vehicles if, within the 12 months | 22 | | preceding the date of the defendant's arrest, the defendant has | 23 | | been assigned court supervision on 2 occasions for a violation | 24 | | that governs the movement of vehicles under the Illinois | 25 | | Vehicle Code or a similar provision of a local ordinance.
The | 26 | | provisions of this paragraph (k) do not apply to a defendant |
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| 1 | | charged with violating Section 11-501 of the Illinois Vehicle | 2 | | Code or a similar provision of a local ordinance.
| 3 | | (l) A defendant charged with violating any provision of the | 4 | | Illinois Vehicle Code or a similar provision of a local | 5 | | ordinance who receives a disposition of supervision under | 6 | | subsection (c) shall pay an additional fee of $29, to be | 7 | | collected as provided in Sections 27.5 and 27.6 of the Clerks | 8 | | of Courts Act. In addition to the $29 fee, the person shall | 9 | | also pay a fee of $6, which, if not waived by the court, shall | 10 | | be collected as provided in Sections 27.5 and 27.6 of the | 11 | | Clerks of Courts Act. The $29 fee shall be disbursed as | 12 | | provided in Section 16-104c of the Illinois Vehicle Code. If | 13 | | the $6 fee is collected, $5.50 of the fee shall be deposited | 14 | | into the Circuit Court Clerk Operation and Administrative Fund | 15 | | created by the Clerk of the Circuit Court and 50 cents of the | 16 | | fee shall be deposited into the Prisoner Review Board Vehicle | 17 | | and Equipment Fund in the State treasury.
| 18 | | (m) Any person convicted of, pleading guilty to, or placed | 19 | | on supervision for a serious traffic violation, as defined in | 20 | | Section 1-187.001 of the Illinois Vehicle Code, a violation of | 21 | | Section 11-501 of the Illinois Vehicle Code, or a violation of | 22 | | a similar provision of a local ordinance shall pay an | 23 | | additional fee of $35, to be disbursed as provided in Section | 24 | | 16-104d of that Code. | 25 | | This subsection (m) becomes inoperative 7 years after | 26 | | October 13, 2007 (the effective date of Public Act 95-154).
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| 1 | | (n)
The provisions of paragraph (c) shall not apply to any | 2 | | person under the age of 18 who commits an offense against | 3 | | traffic regulations governing the movement of vehicles or any | 4 | | violation of Section 6-107 or Section 12-603.1 of the Illinois | 5 | | Vehicle Code, except upon personal appearance of the defendant | 6 | | in court and upon the written consent of the defendant's parent | 7 | | or legal guardian, executed before the presiding judge. The | 8 | | presiding judge shall have the authority to waive this | 9 | | requirement upon the showing of good cause by the defendant.
| 10 | | (o)
The provisions of paragraph (c) shall not apply to a | 11 | | defendant charged with violating Section 6-303 of the Illinois | 12 | | Vehicle Code or a similar provision of a local ordinance when | 13 | | the suspension was for a violation of Section 11-501.1 of the | 14 | | Illinois Vehicle Code and when: | 15 | | (1) at the time of the violation of Section 11-501.1 of | 16 | | the Illinois Vehicle Code, the defendant was a first | 17 | | offender pursuant to Section 11-500 of the Illinois Vehicle | 18 | | Code and the defendant failed to obtain a monitoring device | 19 | | driving permit or be fitted with a continuous alcohol | 20 | | monitoring device ; or | 21 | | (2) at the time of the violation of Section 11-501.1 of | 22 | | the Illinois Vehicle Code, the defendant was a first | 23 | | offender pursuant to Section 11-500 of the Illinois Vehicle | 24 | | Code, had subsequently obtained a monitoring device | 25 | | driving permit, but was driving a vehicle not equipped with | 26 | | a breath alcohol ignition interlock device as defined in |
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| 1 | | Section 1-129.1 of the Illinois Vehicle Code or was not | 2 | | fitted with a continuous alcohol monitoring device as | 3 | | defined in Section 1-111.9a of the Illinois Vehicle Code .
| 4 | | (p) The provisions of paragraph (c) shall not apply to a | 5 | | defendant charged with violating subsection (b) of Section | 6 | | 11-601.5 of the Illinois Vehicle Code or a similar provision of | 7 | | a local ordinance. | 8 | | (Source: P.A. 96-253, eff. 8-11-09; 96-286, eff. 8-11-09; | 9 | | 96-328, eff. 8-11-09; 96-625, eff. 1-1-10; 96-1000, eff. | 10 | | 7-2-10; 96-1002, eff. 1-1-11; 96-1175, eff. 9-20-10; 96-1551, | 11 | | eff. 7-1-11; 97-333, eff. 8-12-11; 97-597, eff. 1-1-12.)".
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