Full Text of SB1260 95th General Assembly
SB1260enr 95TH GENERAL ASSEMBLY
|
|
|
SB1260 Enrolled |
|
LRB095 09752 AJO 29960 b |
|
| 1 |
| AN ACT concerning courts.
| 2 |
| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Section 16-104c as follows: | 6 |
| (625 ILCS 5/16-104c) | 7 |
| Sec. 16-104c. Court supervision fees. | 8 |
| (a) Any person who, after a court appearance in the same | 9 |
| matter, receives a disposition of court supervision for a | 10 |
| violation of any provision of this Code or a similar provision | 11 |
| of a local ordinance shall pay an additional fee of $20, which | 12 |
| shall be disbursed as follows: | 13 |
| (1) if an officer of the Department of State Police | 14 |
| arrested the person for the violation, the $20 fee shall be | 15 |
| deposited into the State Police Vehicle Fund in the State | 16 |
| treasury; or
| 17 |
| (2) if an officer of any law enforcement agency in the | 18 |
| State other than the Department of State Police arrested | 19 |
| the person for the violation, the $20 fee shall be paid to | 20 |
| the law enforcement agency that employed the arresting | 21 |
| officer and shall be used for the acquisition or | 22 |
| maintenance of police vehicles.
| 23 |
| (b) In addition to the fee provided for in subsection (a), |
|
|
|
SB1260 Enrolled |
- 2 - |
LRB095 09752 AJO 29960 b |
|
| 1 |
| a person who, after a court appearance in the same matter, | 2 |
| receives a disposition of court supervision for any violation | 3 |
| of this Code or a similar provision of a local ordinance shall | 4 |
| also pay an additional fee of $5, if not waived by the court. | 5 |
| Of this $5 fee, $4.50 shall be deposited into the Circuit Court | 6 |
| Clerk Operation and Administrative Fund created by the Clerk of | 7 |
| the Circuit Court and 50 cents shall be deposited into the | 8 |
| Prisoner Review Board Vehicle and Equipment Fund in the State | 9 |
| treasury.
| 10 |
| (c) The Prisoner Review Board Vehicle and Equipment Fund is | 11 |
| created as a special fund in the State treasury. The Prisoner | 12 |
| Review Board shall, subject to appropriation by the General | 13 |
| Assembly and approval by the Secretary, use all moneys in the | 14 |
| Prisoner Review Board Vehicle and Equipment Fund for the | 15 |
| purchase and operation of vehicles and equipment.
| 16 |
| (Source: P.A. 94-1009, eff. 1-1-07.)
| 17 |
| Section 10. The Clerks of Courts Act is amended by changing | 18 |
| Sections 27.5 and 27.6 as follows:
| 19 |
| (705 ILCS 105/27.5) (from Ch. 25, par. 27.5) | 20 |
| Sec. 27.5. (a) All fees, fines, costs, additional | 21 |
| penalties, bail balances
assessed or forfeited, and any other | 22 |
| amount paid by a person to the circuit
clerk that equals an | 23 |
| amount less than $55, except restitution under Section
5-5-6 of | 24 |
| the Unified Code of Corrections, reimbursement for the costs of |
|
|
|
SB1260 Enrolled |
- 3 - |
LRB095 09752 AJO 29960 b |
|
| 1 |
| an
emergency response as provided under Section 11-501 of the | 2 |
| Illinois Vehicle
Code, any fees collected for attending a | 3 |
| traffic safety program under
paragraph (c) of Supreme Court | 4 |
| Rule 529, any fee collected on behalf of a
State's Attorney | 5 |
| under Section 4-2002 of the Counties Code or a sheriff under
| 6 |
| Section 4-5001 of the Counties Code, or any cost imposed under | 7 |
| Section 124A-5
of the Code of Criminal Procedure of 1963, for | 8 |
| convictions, orders of
supervision, or any other disposition | 9 |
| for a violation of Chapters 3, 4, 6,
11, and 12 of the Illinois | 10 |
| Vehicle Code, or a similar provision of a local
ordinance, and | 11 |
| any violation of the Child Passenger Protection Act, or a
| 12 |
| similar provision of a local ordinance, and except as provided | 13 |
| in subsection
(b) shall be disbursed within 60 days after | 14 |
| receipt by the circuit
clerk as follows: 47% shall be disbursed | 15 |
| to the entity authorized by law to
receive the fine imposed in | 16 |
| the case; 12% shall be disbursed to the State
Treasurer; and | 17 |
| 41% shall be disbursed to the county's general corporate fund.
| 18 |
| Of the 12% disbursed to the State Treasurer, 1/6 shall be | 19 |
| deposited by the
State Treasurer into the Violent Crime Victims | 20 |
| Assistance Fund, 1/2 shall be
deposited into the Traffic and | 21 |
| Criminal Conviction Surcharge Fund, and 1/3
shall be deposited | 22 |
| into the Drivers Education Fund. For fiscal years 1992 and
| 23 |
| 1993, amounts deposited into the Violent Crime Victims | 24 |
| Assistance Fund, the
Traffic and Criminal Conviction Surcharge | 25 |
| Fund, or the Drivers Education Fund
shall not exceed 110% of | 26 |
| the amounts deposited into those funds in fiscal year
1991. Any |
|
|
|
SB1260 Enrolled |
- 4 - |
LRB095 09752 AJO 29960 b |
|
| 1 |
| amount that exceeds the 110% limit shall be distributed as | 2 |
| follows:
50% shall be disbursed to the county's general | 3 |
| corporate fund and 50% shall be
disbursed to the entity | 4 |
| authorized by law to receive the fine imposed in the
case. Not | 5 |
| later than March 1 of each year the circuit clerk
shall submit | 6 |
| a report of the amount of funds remitted to the State
Treasurer | 7 |
| under this Section during the preceding year based upon
| 8 |
| independent verification of fines and fees. All counties shall | 9 |
| be subject
to this Section, except that counties with a | 10 |
| population under 2,000,000
may, by ordinance, elect not to be | 11 |
| subject to this Section. For offenses
subject to this Section, | 12 |
| judges shall impose one total sum of money payable
for | 13 |
| violations. The circuit clerk may add on no additional amounts | 14 |
| except
for amounts that are required by Sections 27.3a and | 15 |
| 27.3c of
this Act, unless those amounts are specifically waived | 16 |
| by the judge. With
respect to money collected by the circuit | 17 |
| clerk as a result of
forfeiture of bail, ex parte judgment or | 18 |
| guilty plea pursuant to Supreme
Court Rule 529, the circuit | 19 |
| clerk shall first deduct and pay amounts
required by Sections | 20 |
| 27.3a and 27.3c of this Act. This Section is a denial
and | 21 |
| limitation of home rule powers and functions under subsection | 22 |
| (h) of
Section 6 of Article VII of the Illinois Constitution.
| 23 |
| (b) The following amounts must be remitted to the State | 24 |
| Treasurer for
deposit into the Illinois Animal Abuse Fund:
| 25 |
| (1) 50% of the amounts collected for felony offenses | 26 |
| under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, |
|
|
|
SB1260 Enrolled |
- 5 - |
LRB095 09752 AJO 29960 b |
|
| 1 |
| 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | 2 |
| Animals Act and Section 26-5 of the Criminal Code of
1961;
| 3 |
| (2) 20% of the amounts collected for Class A and Class | 4 |
| B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | 5 |
| 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | 6 |
| for Animals Act and Section 26-5 of the Criminal
Code of | 7 |
| 1961; and
| 8 |
| (3) 50% of the amounts collected for Class C | 9 |
| misdemeanors under
Sections 4.01 and 7.1 of the Humane Care | 10 |
| for Animals Act and Section 26-5
of the Criminal Code of | 11 |
| 1961.
| 12 |
| (c) Any person who receives a disposition of court | 13 |
| supervision for a violation of the Illinois Vehicle Code or a | 14 |
| similar provision of a local ordinance shall, in addition to | 15 |
| any other fines, fees, and court costs, pay an additional fee | 16 |
| of $20, to be disbursed as provided in Section 16-104c of the | 17 |
| Illinois Vehicle Code. In addition to the fee of $20, the | 18 |
| person shall also pay a fee of $5, if not waived by the court. | 19 |
| If this $5 fee is collected, $4.50 of the fee shall be | 20 |
| deposited into the Circuit Court Clerk Operation and | 21 |
| Administrative Fund created by the Clerk of the Circuit Court | 22 |
| and 50 cents of the fee shall be deposited into the Prisoner | 23 |
| Review Board Vehicle and Equipment Fund in the State treasury.
| 24 |
| (Source: P.A. 93-800, eff. 1-1-05; 94-1009, eff. 1-1-07.)
| 25 |
| (705 ILCS 105/27.6)
|
|
|
|
SB1260 Enrolled |
- 6 - |
LRB095 09752 AJO 29960 b |
|
| 1 |
| Sec. 27.6. (a) All fees, fines, costs, additional | 2 |
| penalties, bail balances
assessed or forfeited, and any other | 3 |
| amount paid by a person to the circuit
clerk equalling an | 4 |
| amount of $55 or more, except the additional fee required
by | 5 |
| subsections (b) and (c), restitution under Section 5-5-6 of the
| 6 |
| Unified Code of Corrections, reimbursement for the costs of an | 7 |
| emergency
response as provided under Section 11-501 of the | 8 |
| Illinois Vehicle Code,
any fees collected for attending a | 9 |
| traffic safety program under paragraph (c)
of Supreme Court | 10 |
| Rule 529, any fee collected on behalf of a State's Attorney
| 11 |
| under Section 4-2002 of the Counties Code or a sheriff under | 12 |
| Section 4-5001
of the Counties Code, or any cost imposed under | 13 |
| Section 124A-5 of the Code of
Criminal Procedure of 1963, for | 14 |
| convictions, orders of supervision, or any
other disposition | 15 |
| for a violation of Chapters 3, 4, 6, 11, and 12 of the
Illinois | 16 |
| Vehicle Code, or a similar provision of a local ordinance, and | 17 |
| any
violation of the Child Passenger Protection Act, or a | 18 |
| similar provision of a
local ordinance, and except as provided | 19 |
| in subsection (d) shall be disbursed
within 60 days after | 20 |
| receipt by the circuit
clerk as follows: 44.5% shall be | 21 |
| disbursed to the entity authorized by law to
receive the fine | 22 |
| imposed in the case; 16.825% shall be disbursed to the State
| 23 |
| Treasurer; and 38.675% shall be disbursed to the county's | 24 |
| general corporate
fund. Of the 16.825% disbursed to the State | 25 |
| Treasurer, 2/17 shall be deposited
by the State Treasurer into | 26 |
| the Violent Crime Victims Assistance Fund, 5.052/17
shall be |
|
|
|
SB1260 Enrolled |
- 7 - |
LRB095 09752 AJO 29960 b |
|
| 1 |
| deposited into the Traffic and Criminal Conviction Surcharge | 2 |
| Fund,
3/17 shall be deposited into the Drivers Education Fund, | 3 |
| and 6.948/17 shall be
deposited into the Trauma Center Fund. Of | 4 |
| the 6.948/17 deposited into the
Trauma Center Fund from the | 5 |
| 16.825% disbursed to the State Treasurer, 50% shall
be | 6 |
| disbursed to the Department of Public Health and 50% shall be | 7 |
| disbursed to
the Department of Healthcare and Family Services. | 8 |
| For fiscal year 1993, amounts deposited into
the Violent Crime | 9 |
| Victims Assistance Fund, the Traffic and Criminal
Conviction | 10 |
| Surcharge Fund, or the Drivers Education Fund shall not exceed | 11 |
| 110%
of the amounts deposited into those funds in fiscal year | 12 |
| 1991. Any
amount that exceeds the 110% limit shall be | 13 |
| distributed as follows: 50%
shall be disbursed to the county's | 14 |
| general corporate fund and 50% shall be
disbursed to the entity | 15 |
| authorized by law to receive the fine imposed in
the case. Not | 16 |
| later than March 1 of each year the circuit clerk
shall submit | 17 |
| a report of the amount of funds remitted to the State
Treasurer | 18 |
| under this Section during the preceding year based upon
| 19 |
| independent verification of fines and fees. All counties shall | 20 |
| be subject
to this Section, except that counties with a | 21 |
| population under 2,000,000
may, by ordinance, elect not to be | 22 |
| subject to this Section. For offenses
subject to this Section, | 23 |
| judges shall impose one total sum of money payable
for | 24 |
| violations. The circuit clerk may add on no additional amounts | 25 |
| except
for amounts that are required by Sections 27.3a and | 26 |
| 27.3c of
this Act, unless those amounts are specifically waived |
|
|
|
SB1260 Enrolled |
- 8 - |
LRB095 09752 AJO 29960 b |
|
| 1 |
| by the judge. With
respect to money collected by the circuit | 2 |
| clerk as a result of
forfeiture of bail, ex parte judgment or | 3 |
| guilty plea pursuant to Supreme
Court Rule 529, the circuit | 4 |
| clerk shall first deduct and pay amounts
required by Sections | 5 |
| 27.3a and 27.3c of this Act. This Section is a denial
and | 6 |
| limitation of home rule powers and functions under subsection | 7 |
| (h) of
Section 6 of Article VII of the Illinois Constitution.
| 8 |
| (b) In addition to any other fines and court costs assessed | 9 |
| by the courts,
any person convicted or receiving an order of | 10 |
| supervision for driving under
the influence of alcohol or drugs | 11 |
| shall pay an additional fee of $100 to the
clerk of the circuit | 12 |
| court. This amount, less 2 1/2% that shall be used to
defray | 13 |
| administrative costs incurred by the clerk, shall be remitted | 14 |
| by the
clerk to the Treasurer within 60 days after receipt for | 15 |
| deposit into the Trauma
Center Fund. This additional fee of | 16 |
| $100 shall not be considered a part of the
fine for purposes of | 17 |
| any reduction in the fine for time served either before or
| 18 |
| after sentencing. Not later than March 1 of each year the | 19 |
| Circuit Clerk shall
submit a report of the amount of funds | 20 |
| remitted to the State Treasurer under
this subsection during | 21 |
| the preceding calendar year.
| 22 |
| (b-1) In addition to any other fines and court costs | 23 |
| assessed by the courts,
any person convicted or receiving an | 24 |
| order of supervision for driving under the
influence of alcohol | 25 |
| or drugs shall pay an additional fee of $5 to the clerk
of the | 26 |
| circuit court. This amount, less
2 1/2% that shall be used to |
|
|
|
SB1260 Enrolled |
- 9 - |
LRB095 09752 AJO 29960 b |
|
| 1 |
| defray administrative costs incurred by the clerk,
shall be | 2 |
| remitted by the clerk to the Treasurer within 60 days after | 3 |
| receipt
for deposit into the Spinal Cord Injury Paralysis Cure | 4 |
| Research Trust Fund.
This additional fee of $5 shall not
be | 5 |
| considered a part of the fine for purposes of any reduction in | 6 |
| the fine for
time served either before or after sentencing. Not | 7 |
| later than March 1 of each
year the Circuit Clerk shall submit | 8 |
| a report of the amount of funds remitted to
the State Treasurer | 9 |
| under this subsection during the preceding calendar
year.
| 10 |
| (c) In addition to any other fines and court costs assessed | 11 |
| by the courts,
any person convicted for a violation of Sections | 12 |
| 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or a | 13 |
| person sentenced for a violation of the Cannabis
Control Act, | 14 |
| the Illinois Controlled Substances Act, or the Methamphetamine | 15 |
| Control and Community Protection Act
shall pay an additional | 16 |
| fee of $100 to the clerk
of the circuit court. This amount, | 17 |
| less
2 1/2% that shall be used to defray administrative costs | 18 |
| incurred by the clerk,
shall be remitted by the clerk to the | 19 |
| Treasurer within 60 days after receipt
for deposit into the | 20 |
| Trauma Center Fund. This additional fee of $100 shall not
be | 21 |
| considered a part of the fine for purposes of any reduction in | 22 |
| the fine for
time served either before or after sentencing. Not | 23 |
| later than March 1 of each
year the Circuit Clerk shall submit | 24 |
| a report of the amount of funds remitted to
the State Treasurer | 25 |
| under this subsection during the preceding calendar year.
| 26 |
| (c-1) In addition to any other fines and court costs |
|
|
|
SB1260 Enrolled |
- 10 - |
LRB095 09752 AJO 29960 b |
|
| 1 |
| assessed by the
courts, any person sentenced for a violation of | 2 |
| the Cannabis Control Act,
the Illinois Controlled Substances | 3 |
| Act, or the Methamphetamine Control and Community Protection | 4 |
| Act 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.
| 15 |
| (d) The following amounts must be remitted to the State | 16 |
| Treasurer for
deposit into the Illinois Animal Abuse Fund:
| 17 |
| (1) 50% of the amounts collected for felony offenses | 18 |
| under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | 19 |
| 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | 20 |
| Animals Act and Section 26-5 of the Criminal Code of
1961;
| 21 |
| (2) 20% of the amounts collected for Class A and Class | 22 |
| B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | 23 |
| 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | 24 |
| for Animals Act and Section 26-5 of the Criminal
Code of | 25 |
| 1961; and
| 26 |
| (3) 50% of the amounts collected for Class C |
|
|
|
SB1260 Enrolled |
- 11 - |
LRB095 09752 AJO 29960 b |
|
| 1 |
| misdemeanors under Sections
4.01 and 7.1 of the Humane Care | 2 |
| for Animals Act and Section 26-5 of the
Criminal Code of | 3 |
| 1961.
| 4 |
| (e) Any person who receives a disposition of court | 5 |
| supervision for a violation of the Illinois Vehicle Code or a | 6 |
| similar provision of a local ordinance shall, in addition to | 7 |
| any other fines, fees, and court costs, pay an additional fee | 8 |
| of $20, to be disbursed as provided in Section 16-104c of the | 9 |
| Illinois Vehicle Code. In addition to the fee of $20, the | 10 |
| person shall also pay a fee of $5, if not waived by the court. | 11 |
| If this $5 fee is collected, $4.50 of the fee shall be | 12 |
| deposited into the Circuit Court Clerk Operation and | 13 |
| Administrative Fund created by the Clerk of the Circuit Court | 14 |
| and 50 cents of the fee shall be deposited into the Prisoner | 15 |
| Review Board Vehicle and Equipment Fund in the State treasury.
| 16 |
| (Source: P.A. 93-800, eff. 1-1-05; 94-556, eff. 9-11-05; | 17 |
| 94-1009, eff. 1-1-07.)
| 18 |
| Section 15. The Unified Code of Corrections is amended by | 19 |
| changing Section 5-6-1 as follows:
| 20 |
| (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
| 21 |
| Sec. 5-6-1. Sentences of Probation and of Conditional
| 22 |
| Discharge and Disposition of Supervision.
The General Assembly | 23 |
| finds that in order to protect the public, the
criminal justice | 24 |
| system must compel compliance with the conditions of probation
|
|
|
|
SB1260 Enrolled |
- 12 - |
LRB095 09752 AJO 29960 b |
|
| 1 |
| by responding to violations with swift, certain and fair | 2 |
| punishments and
intermediate sanctions. The Chief Judge of each | 3 |
| circuit shall adopt a system of
structured, intermediate | 4 |
| sanctions for violations of the terms and conditions
of a | 5 |
| sentence of probation, conditional discharge or disposition of
| 6 |
| supervision.
| 7 |
| (a) Except where specifically prohibited by other
| 8 |
| provisions of this Code, the court shall impose a sentence
of | 9 |
| probation or conditional discharge upon an offender
unless, | 10 |
| having regard to the nature and circumstance of
the offense, | 11 |
| and to the history, character and condition
of the offender, | 12 |
| the court is of the opinion that:
| 13 |
| (1) his imprisonment or periodic imprisonment is | 14 |
| necessary
for the protection of the public; or
| 15 |
| (2) probation or conditional discharge would deprecate
| 16 |
| the seriousness of the offender's conduct and would be
| 17 |
| inconsistent with the ends of justice; or
| 18 |
| (3) a combination of imprisonment with concurrent or | 19 |
| consecutive probation when an offender has been admitted | 20 |
| into a drug court program under Section 20 of the Drug | 21 |
| Court Treatment Act is necessary for the protection of the | 22 |
| public and for the rehabilitation of the offender.
| 23 |
| The court shall impose as a condition of a sentence of | 24 |
| probation,
conditional discharge, or supervision, that the | 25 |
| probation agency may invoke any
sanction from the list of | 26 |
| intermediate sanctions adopted by the chief judge of
the |
|
|
|
SB1260 Enrolled |
- 13 - |
LRB095 09752 AJO 29960 b |
|
| 1 |
| circuit court for violations of the terms and conditions of the | 2 |
| sentence of
probation, conditional discharge, or supervision, | 3 |
| subject to the provisions of
Section 5-6-4 of this Act.
| 4 |
| (b) The court may impose a sentence of conditional
| 5 |
| discharge for an offense if the court is of the opinion
that | 6 |
| neither a sentence of imprisonment nor of periodic
imprisonment | 7 |
| nor of probation supervision is appropriate.
| 8 |
| (b-1) Subsections (a) and (b) of this Section do not apply | 9 |
| to a defendant charged with a misdemeanor or felony under the | 10 |
| Illinois Vehicle Code or reckless homicide under Section 9-3 of | 11 |
| the Criminal Code of 1961 if the defendant within the past 12 | 12 |
| months has been convicted of or pleaded guilty to a misdemeanor | 13 |
| or felony under the Illinois Vehicle Code or reckless homicide | 14 |
| under Section 9-3 of the Criminal Code of 1961. | 15 |
| (c) The court may, upon a plea of guilty or a stipulation
| 16 |
| by the defendant of the facts supporting the charge or a
| 17 |
| finding of guilt, defer further proceedings and the
imposition | 18 |
| of a sentence, and enter an order for supervision of the | 19 |
| defendant,
if the defendant is not charged with: (i) a Class A | 20 |
| misdemeanor, as
defined by the following provisions of the | 21 |
| Criminal Code of 1961: Sections
11-9.1; 12-3.2; 12-15; 26-5; | 22 |
| 31-1; 31-6; 31-7; subsections (b) and (c) of Section
21-1;
| 23 |
| paragraph (1) through (5), (8), (10), and (11) of subsection | 24 |
| (a) of Section
24-1; (ii) a Class A misdemeanor violation of | 25 |
| Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals | 26 |
| Act; or (iii)
felony.
If the defendant
is not barred from |
|
|
|
SB1260 Enrolled |
- 14 - |
LRB095 09752 AJO 29960 b |
|
| 1 |
| receiving an order for supervision as provided in this
| 2 |
| subsection, the court may enter an order for supervision after | 3 |
| considering the
circumstances of the offense, and the history,
| 4 |
| character and condition of the offender, if the court is of the | 5 |
| opinion
that:
| 6 |
| (1) the offender is not likely to commit further | 7 |
| crimes;
| 8 |
| (2) the defendant and the public would be best served | 9 |
| if the
defendant were not to receive a criminal record; and
| 10 |
| (3) in the best interests of justice an order of | 11 |
| supervision
is more appropriate than a sentence otherwise | 12 |
| permitted under this Code.
| 13 |
| (d) The provisions of paragraph (c) shall not apply to a | 14 |
| defendant charged
with violating Section 11-501 of the Illinois | 15 |
| Vehicle Code or a similar
provision of a local
ordinance when | 16 |
| the defendant has previously been:
| 17 |
| (1) convicted for a violation of Section 11-501 of
the | 18 |
| Illinois Vehicle
Code or a similar provision of a
local | 19 |
| ordinance or any similar law or ordinance of another state; | 20 |
| or
| 21 |
| (2) assigned supervision for a violation of Section | 22 |
| 11-501 of the Illinois
Vehicle Code or a similar provision | 23 |
| of a local ordinance or any similar law
or ordinance of | 24 |
| another state; or
| 25 |
| (3) pleaded guilty to or stipulated to the facts | 26 |
| supporting
a charge or a finding of guilty to a violation |
|
|
|
SB1260 Enrolled |
- 15 - |
LRB095 09752 AJO 29960 b |
|
| 1 |
| of Section 11-503 of the
Illinois Vehicle Code or a similar | 2 |
| provision of a local ordinance or any
similar law or | 3 |
| ordinance of another state, and the
plea or stipulation was | 4 |
| the result of a plea agreement.
| 5 |
| The court shall consider the statement of the prosecuting
| 6 |
| authority with regard to the standards set forth in this | 7 |
| Section.
| 8 |
| (e) The provisions of paragraph (c) shall not apply to a | 9 |
| defendant
charged with violating Section 16A-3 of the Criminal | 10 |
| Code of 1961 if said
defendant has within the last 5 years | 11 |
| been:
| 12 |
| (1) convicted for a violation of Section 16A-3 of the | 13 |
| Criminal Code of
1961; or
| 14 |
| (2) assigned supervision for a violation of Section | 15 |
| 16A-3 of the Criminal
Code of 1961.
| 16 |
| The court shall consider the statement of the prosecuting | 17 |
| authority with
regard to the standards set forth in this | 18 |
| Section.
| 19 |
| (f) The provisions of paragraph (c) shall not apply to a | 20 |
| defendant
charged with violating Sections 15-111, 15-112, | 21 |
| 15-301, paragraph (b)
of Section 6-104, Section 11-605, or | 22 |
| Section 11-1414
of the Illinois Vehicle Code or a similar | 23 |
| provision of a local ordinance.
| 24 |
| (g) Except as otherwise provided in paragraph (i) of this | 25 |
| Section, the
provisions of paragraph (c) shall not apply to a
| 26 |
| defendant charged with violating Section
3-707, 3-708, 3-710, |
|
|
|
SB1260 Enrolled |
- 16 - |
LRB095 09752 AJO 29960 b |
|
| 1 |
| or 5-401.3
of the Illinois Vehicle Code or a similar provision | 2 |
| of a local ordinance if the
defendant has within the last 5 | 3 |
| years been:
| 4 |
| (1) convicted for a violation of Section 3-707, 3-708, | 5 |
| 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | 6 |
| provision of a local
ordinance; or
| 7 |
| (2) assigned supervision for a violation of Section | 8 |
| 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle | 9 |
| Code or a similar provision of a local
ordinance.
| 10 |
| The court shall consider the statement of the prosecuting | 11 |
| authority with
regard to the standards set forth in this | 12 |
| Section.
| 13 |
| (h) The provisions of paragraph (c) shall not apply to a | 14 |
| defendant under
the age of 21 years charged with violating a | 15 |
| serious traffic offense as defined
in Section 1-187.001 of the | 16 |
| Illinois Vehicle Code:
| 17 |
| (1) unless the defendant, upon payment of the fines, | 18 |
| penalties, and costs
provided by law, agrees to attend and | 19 |
| successfully complete a traffic safety
program approved by | 20 |
| the court under standards set by the Conference of Chief
| 21 |
| Circuit Judges. The accused shall be responsible for | 22 |
| payment of any traffic
safety program fees. If the accused | 23 |
| fails to file a certificate of
successful completion on or | 24 |
| before the termination date of the supervision
order, the | 25 |
| supervision shall be summarily revoked and conviction | 26 |
| entered. The
provisions of Supreme Court Rule 402 relating |
|
|
|
SB1260 Enrolled |
- 17 - |
LRB095 09752 AJO 29960 b |
|
| 1 |
| to pleas of guilty do not apply
in cases when a defendant | 2 |
| enters a guilty plea under this provision; or
| 3 |
| (2) if the defendant has previously been sentenced | 4 |
| under the provisions of
paragraph (c) on or after January | 5 |
| 1, 1998 for any serious traffic offense as
defined in | 6 |
| Section 1-187.001 of the Illinois Vehicle Code.
| 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, a violation | 18 |
| of
Section 11-501.1 or paragraph (b) of Section 11-401 of the | 19 |
| Illinois Vehicle
Code, or a violation of Section 9-3 of the | 20 |
| Criminal Code of 1961 if the
defendant has within the last 10 | 21 |
| years been:
| 22 |
| (1) convicted for a violation of Section 6-303 of the | 23 |
| Illinois Vehicle
Code or a similar provision of a local | 24 |
| ordinance; or
| 25 |
| (2) assigned supervision for a violation of Section | 26 |
| 6-303 of the Illinois
Vehicle Code or a similar provision |
|
|
|
SB1260 Enrolled |
- 18 - |
LRB095 09752 AJO 29960 b |
|
| 1 |
| of a local ordinance. | 2 |
| (k) The provisions of paragraph (c) shall not apply to a
| 3 |
| defendant charged with violating
any provision of the Illinois | 4 |
| Vehicle Code or a similar provision of a local ordinance that | 5 |
| governs the movement of vehicles if, within the 12 months | 6 |
| preceding the date of the defendant's arrest, the defendant has | 7 |
| been assigned court supervision on 2 occasions for a violation | 8 |
| that governs the movement of vehicles under the Illinois | 9 |
| Vehicle Code or a similar provision of a local ordinance.
| 10 |
| (l) A defendant charged with violating any provision of the | 11 |
| Illinois Vehicle Code or a similar provision of a local | 12 |
| ordinance who, after a court appearance in the same matter, | 13 |
| receives a disposition of supervision under subsection (c) | 14 |
| shall pay an additional fee of $20, to be collected as provided | 15 |
| in Sections 27.5 and 27.6 of the Clerks of Courts Act. In | 16 |
| addition to the $20 fee, the person shall also pay a fee of $5, | 17 |
| which, if not waived by the court, shall be collected as | 18 |
| provided in Sections 27.5 and 27.6 of the Clerks of Courts Act. | 19 |
| The $20 fee shall be disbursed as provided in Section 16-104c | 20 |
| of the Illinois Vehicle Code. If the $5 fee is collected, $4.50 | 21 |
| of the fee shall be deposited into the Circuit Court Clerk | 22 |
| Operation and Administrative Fund created by the Clerk of the | 23 |
| Circuit Court and 50 cents of the fee shall be deposited into | 24 |
| the Prisoner Review Board Vehicle and Equipment Fund in the | 25 |
| State treasury.
| 26 |
| (Source: P.A. 93-388, eff. 7-25-03; 93-1014, eff. 1-1-05; |
|
|
|
SB1260 Enrolled |
- 19 - |
LRB095 09752 AJO 29960 b |
|
| 1 |
| 94-169, eff. 1-1-06; 94-330, eff. 1-1-06; 94-375, eff. 1-1-06; | 2 |
| 94-1009, eff. 1-1-07.)
| 3 |
| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law. |
|