Full Text of HB1453 99th General Assembly
HB1453enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 3. The Illinois Vehicle Code is amended by changing | 5 | | Sections 11-605 and 11-605.1 as follows:
| 6 | | (625 ILCS 5/11-605) (from Ch. 95 1/2, par. 11-605)
| 7 | | Sec. 11-605. Special speed limit while passing schools.
| 8 | | (a) For the purpose of this Section, "school" means the | 9 | | following
entities:
| 10 | | (1) A public or private primary or secondary school.
| 11 | | (2) A primary or secondary school operated by a | 12 | | religious institution.
| 13 | | (3) A public, private, or religious nursery school.
| 14 | | On a school day when school children are present and so | 15 | | close
thereto
that a potential hazard exists because of the | 16 | | close proximity of the motorized
traffic, no person shall drive | 17 | | a motor vehicle at a speed in excess of 20 miles
per hour while | 18 | | passing a school zone or while traveling on a roadway on public
| 19 | | school property or upon any public
thoroughfare where children | 20 | | pass going
to and from school.
| 21 | | For the purpose of this Section a school day shall begin at | 22 | | seven ante
meridian and shall conclude at four post meridian.
| 23 | | This Section shall not be applicable unless appropriate |
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| 1 | | signs are posted
upon streets and highways under their | 2 | | respective jurisdiction and
maintained by the Department, | 3 | | township, county, park district, city,
village or incorporated | 4 | | town wherein the school zone is located. With regard
to the | 5 | | special speed limit while passing schools, such signs
shall | 6 | | give proper due warning that a school zone is being approached | 7 | | and
shall indicate the school zone and the maximum speed limit | 8 | | in effect during
school days when school children are present.
| 9 | | (b) (Blank).
| 10 | | (c) Nothing in this Chapter shall
prohibit the use of | 11 | | electronic speed-detecting devices within 500 feet of
signs | 12 | | within a special school speed zone indicating such zone, as | 13 | | defined
in this Section, nor shall evidence obtained thereby be | 14 | | inadmissible in any
prosecution for speeding provided the use | 15 | | of such device shall apply only
to the enforcement of the speed | 16 | | limit in such special school speed zone.
| 17 | | (d) (Blank).
| 18 | | (e) Except as provided in subsection (e-5), a person who | 19 | | violates A first violation of this Section is guilty of a petty
| 20 | | offense . Violations of this Section are punishable with a | 21 | | minimum fine
of $150 for the first violation and a minimum fine | 22 | | of $300 for the . A second or subsequent violation of this
| 23 | | Section is a petty offense with a minimum fine of $300 .
| 24 | | (e-5) A person committing a violation of this Section is | 25 | | guilty of aggravated special speed limit while passing schools | 26 | | when he or she drives a motor vehicle at a speed that is: |
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| 1 | | (1) 26 miles per hour or more but less than 35 miles | 2 | | per hour in excess of the applicable special speed limit | 3 | | established under this Section or a similar provision of a | 4 | | local ordinance and is guilty of a Class B misdemeanor; or | 5 | | (2) 35 miles per hour or more in excess of the | 6 | | applicable special speed limit established under this | 7 | | Section or a similar provision of a local ordinance and is | 8 | | guilty of a Class A misdemeanor. | 9 | | (f) When a fine for a violation of subsection (a) is $150 | 10 | | or greater,
the person who violates subsection (a) shall be | 11 | | charged an additional
$50 to be paid to the unit school
| 12 | | district where the
violation
occurred for school safety | 13 | | purposes. If the violation occurred in a dual
school district,
| 14 | | $25 of the surcharge shall be paid to the elementary school | 15 | | district for school
safety
purposes and $25 of the surcharge | 16 | | shall be paid to the high school district for
school
safety | 17 | | purposes. Notwithstanding any other provision of law, the | 18 | | entire $50
surcharge
shall be paid to the appropriate school | 19 | | district or districts.
| 20 | | For purposes of this subsection (f), "school safety | 21 | | purposes" includes the
costs
associated with school zone safety | 22 | | education, the Safe Routes to School Program under Section | 23 | | 2705-317 of the Department of Transportation Law of the Civil | 24 | | Administrative Code of Illinois, safety programs within the | 25 | | School Safety and Educational Improvement Block Grant Program | 26 | | under Section 2-3.51.5 of the School Code, and
the purchase, |
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| 1 | | installation, and maintenance of caution lights
which are
| 2 | | mounted on school speed zone signs.
| 3 | | (g) (Blank).
| 4 | | (h) (Blank).
| 5 | | (Source: P.A. 96-52, eff. 7-23-09.)
| 6 | | (625 ILCS 5/11-605.1) | 7 | | Sec. 11-605.1. Special limit while traveling through a | 8 | | highway construction or maintenance speed zone. | 9 | | (a) A person may not operate a motor vehicle in a | 10 | | construction or maintenance speed zone at a speed in excess of | 11 | | the posted speed limit when workers are present.
| 12 | | (a-5) A person may not operate a motor vehicle in a | 13 | | construction or maintenance speed zone at a speed in excess of | 14 | | the posted speed limit when workers are not present. | 15 | | (b) Nothing in this Chapter prohibits the use of electronic | 16 | | speed-detecting devices within 500 feet of signs within a | 17 | | construction or maintenance speed zone indicating the zone, as | 18 | | defined in this Section, nor shall evidence obtained by use of | 19 | | those devices be inadmissible in any prosecution for speeding, | 20 | | provided the use of the device shall apply only to the | 21 | | enforcement of the speed limit in the construction or | 22 | | maintenance speed zone.
| 23 | | (c) As used in this Section, a "construction or maintenance | 24 | | speed zone" is an area in which the Department, Toll Highway | 25 | | Authority, or local agency has posted signage advising drivers |
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| 1 | | that a construction or maintenance speed zone is being | 2 | | approached, or in which the Department, Authority, or local | 3 | | agency has posted a lower speed limit with a highway | 4 | | construction or maintenance speed zone special speed limit sign | 5 | | after determining that the preexisting established speed limit | 6 | | through a highway construction or maintenance project is | 7 | | greater than is reasonable or safe with respect to the | 8 | | conditions expected to exist in the construction or maintenance | 9 | | speed zone. | 10 | | If it is determined that the preexisting established speed | 11 | | limit is safe with respect to the conditions expected to exist | 12 | | in the construction or maintenance speed zone, additional speed | 13 | | limit signs which conform to the requirements of this | 14 | | subsection (c) shall be posted. | 15 | | Highway construction or maintenance speed zone special | 16 | | speed limit signs shall be of a design approved by the | 17 | | Department. The signs must give proper due warning that a | 18 | | construction or maintenance speed zone is being approached and | 19 | | must indicate the maximum speed limit in effect. The signs also | 20 | | must state the amount of the minimum fine for a violation.
| 21 | | (d) Except as provided under subsection (d-5), a person who | 22 | | violates A first violation of this Section is guilty of a petty | 23 | | offense . Violations of this Section are punishable with a | 24 | | minimum fine of $250 for the first violation and a minimum fine | 25 | | of $750 for the . A second or subsequent violation of this | 26 | | Section is a petty offense with a minimum fine of $750 . |
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| 1 | | (d-5) A person committing a violation of this Section is | 2 | | guilty of aggravated special speed limit while traveling | 3 | | through a highway construction or maintenance speed zone when | 4 | | he or she drives a motor vehicle at a speed that is: | 5 | | (1) 26 miles per hour or more but less than 35 miles | 6 | | per hour in excess of the applicable special speed limit | 7 | | established under this Section or a similar provision of a | 8 | | local ordinance and is guilty of a Class B misdemeanor; or | 9 | | (2) 35 miles per hour or more in excess of the | 10 | | applicable special speed limit established under this | 11 | | Section or a similar provision of a local ordinance and is | 12 | | guilty of a Class A misdemeanor. | 13 | | (e) If a fine for a violation of this Section is $250 or | 14 | | greater, the person who violated this Section shall be charged | 15 | | an additional $125, which shall be deposited into the | 16 | | Transportation Safety Highway Hire-back Fund in the State | 17 | | treasury, unless (i) the violation occurred on a highway other | 18 | | than an interstate highway and (ii) a county police officer | 19 | | wrote the ticket for the violation, in which case the $125 | 20 | | shall be deposited into that county's Transportation Safety | 21 | | Highway Hire-back Fund. In the case of a second or subsequent | 22 | | violation of this Section, if the fine is $750 or greater, the | 23 | | person who violated this Section shall be charged an additional | 24 | | $250, which shall be deposited into the Transportation Safety | 25 | | Highway Hire-back Fund in the State treasury, unless (i) the | 26 | | violation occurred on a highway other than an interstate |
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| 1 | | highway and (ii) a county police officer wrote the ticket for | 2 | | the violation, in which case the $250 shall be deposited into | 3 | | that county's Transportation Safety Highway Hire-back Fund.
| 4 | | (e-5) The Department of State Police and the local county | 5 | | police department have concurrent jurisdiction over any | 6 | | violation of this Section that occurs on an interstate highway.
| 7 | | (f) The Transportation Safety Highway Hire-back Fund, | 8 | | which was created by Public Act 92-619, shall continue to be a | 9 | | special fund in the State treasury. Subject to appropriation by | 10 | | the General Assembly and approval by the Secretary, the | 11 | | Secretary of Transportation shall use all moneys in the | 12 | | Transportation Safety Highway Hire-back Fund to hire off-duty | 13 | | Department of State Police officers to monitor construction or | 14 | | maintenance zones. | 15 | | (f-5) Each county shall create a Transportation Safety | 16 | | Highway Hire-back Fund. The county shall use all moneys in its | 17 | | Transportation Safety Highway Hire-back Fund to hire off-duty | 18 | | county police officers to monitor construction or maintenance | 19 | | zones in that county on highways other than interstate | 20 | | highways.
| 21 | | (g) For a second or subsequent violation of this Section | 22 | | within 2 years of the date of the previous violation, the | 23 | | Secretary of State shall suspend the driver's license of the | 24 | | violator for a period of 90 days.
This suspension shall only be
| 25 | | imposed if the current violation of this Section and at least | 26 | | one prior violation of this Section
occurred during a period |
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| 1 | | when workers were present in the
construction or maintenance | 2 | | zone.
| 3 | | (Source: P.A. 97-830, eff. 1-1-13; 98-337, eff. 1-1-14.) | 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing Section 5-6-1 as follows:
| 6 | | (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
| 7 | | Sec. 5-6-1. Sentences of Probation and of Conditional
| 8 | | Discharge and Disposition of Supervision.
The General Assembly | 9 | | finds that in order to protect the public, the
criminal justice | 10 | | system must compel compliance with the conditions of probation
| 11 | | by responding to violations with swift, certain and fair | 12 | | punishments and
intermediate sanctions. The Chief Judge of each | 13 | | circuit shall adopt a system of
structured, intermediate | 14 | | sanctions for violations of the terms and conditions
of a | 15 | | sentence of probation, conditional discharge or disposition of
| 16 | | supervision.
| 17 | | (a) Except where specifically prohibited by other
| 18 | | provisions of this Code, the court shall impose a sentence
of | 19 | | probation or conditional discharge upon an offender
unless, | 20 | | having regard to the nature and circumstance of
the offense, | 21 | | and to the history, character and condition
of the offender, | 22 | | the court is of the opinion that:
| 23 | | (1) his imprisonment or periodic imprisonment is | 24 | | necessary
for the protection of the public; or
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| 1 | | (2) probation or conditional discharge would deprecate
| 2 | | the seriousness of the offender's conduct and would be
| 3 | | inconsistent with the ends of justice; or
| 4 | | (3) a combination of imprisonment with concurrent or | 5 | | consecutive probation when an offender has been admitted | 6 | | into a drug court program under Section 20 of the Drug | 7 | | Court Treatment Act is necessary for the protection of the | 8 | | public and for the rehabilitation of the offender.
| 9 | | The court shall impose as a condition of a sentence of | 10 | | probation,
conditional discharge, or supervision, that the | 11 | | probation agency may invoke any
sanction from the list of | 12 | | intermediate sanctions adopted by the chief judge of
the | 13 | | circuit court for violations of the terms and conditions of the | 14 | | sentence of
probation, conditional discharge, or supervision, | 15 | | subject to the provisions of
Section 5-6-4 of this Act.
| 16 | | (b) The court may impose a sentence of conditional
| 17 | | discharge for an offense if the court is of the opinion
that | 18 | | neither a sentence of imprisonment nor of periodic
imprisonment | 19 | | nor of probation supervision is appropriate.
| 20 | | (b-1) Subsections (a) and (b) of this Section do not apply | 21 | | to a defendant charged with a misdemeanor or felony under the | 22 | | Illinois Vehicle Code or reckless homicide under Section 9-3 of | 23 | | the Criminal Code of 1961 or the Criminal Code of 2012 if the | 24 | | defendant within the past 12 months has been convicted of or | 25 | | pleaded guilty to a misdemeanor or felony under the Illinois | 26 | | Vehicle Code or reckless homicide under Section 9-3 of the |
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| 1 | | Criminal Code of 1961 or the Criminal Code of 2012. | 2 | | (c) The court may, upon a plea of guilty or a stipulation
| 3 | | by the defendant of the facts supporting the charge or a
| 4 | | finding of guilt, defer further proceedings and the
imposition | 5 | | of a sentence, and enter an order for supervision of the | 6 | | defendant,
if the defendant is not charged with: (i) a Class A | 7 | | misdemeanor, as
defined by the following provisions of the | 8 | | Criminal Code of 1961 or the Criminal Code of 2012: Sections
| 9 | | 11-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6; | 10 | | 31-7; paragraphs (2) and (3) of subsection (a) of Section
21-1;
| 11 | | paragraph (1) through (5), (8), (10), and (11) of subsection | 12 | | (a) of Section
24-1; (ii) a Class A misdemeanor violation of | 13 | | Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals | 14 | | Act; or (iii)
a felony.
If the defendant
is not barred from | 15 | | receiving an order for supervision as provided in this
| 16 | | subsection, the court may enter an order for supervision after | 17 | | considering the
circumstances of the offense, and the history,
| 18 | | character and condition of the offender, if the court is of the | 19 | | opinion
that:
| 20 | | (1) the offender is not likely to commit further | 21 | | crimes;
| 22 | | (2) the defendant and the public would be best served | 23 | | if the
defendant were not to receive a criminal record; and
| 24 | | (3) in the best interests of justice an order of | 25 | | supervision
is more appropriate than a sentence otherwise | 26 | | permitted under this Code.
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| 1 | | (c-5) Subsections (a), (b), and (c) of this Section do not | 2 | | apply to a defendant charged with a second or subsequent | 3 | | violation of Section 6-303 of the Illinois Vehicle Code | 4 | | committed while his or her driver's license, permit or | 5 | | privileges were revoked because of a violation of Section 9-3 | 6 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 7 | | relating to the offense of reckless homicide, or a similar | 8 | | provision of a law of another state.
| 9 | | (d) The provisions of paragraph (c) shall not apply to a | 10 | | defendant charged
with violating Section 11-501 of the Illinois | 11 | | Vehicle Code or a similar
provision of a local
ordinance when | 12 | | the defendant has previously been:
| 13 | | (1) convicted for a violation of Section 11-501 of
the | 14 | | Illinois Vehicle
Code or a similar provision of a
local | 15 | | ordinance or any similar law or ordinance of another state; | 16 | | or
| 17 | | (2) assigned supervision for a violation of Section | 18 | | 11-501 of the Illinois
Vehicle Code or a similar provision | 19 | | of a local ordinance or any similar law
or ordinance of | 20 | | another state; or
| 21 | | (3) pleaded guilty to or stipulated to the facts | 22 | | supporting
a charge or a finding of guilty to a violation | 23 | | of Section 11-503 of the
Illinois Vehicle Code or a similar | 24 | | provision of a local ordinance or any
similar law or | 25 | | ordinance of another state, and the
plea or stipulation was | 26 | | the result of a plea agreement.
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| 1 | | The court shall consider the statement of the prosecuting
| 2 | | authority with regard to the standards set forth in this | 3 | | Section.
| 4 | | (e) The provisions of paragraph (c) shall not apply to a | 5 | | defendant
charged with violating Section 16-25 or 16A-3 of the | 6 | | Criminal Code of 1961 or the Criminal Code of 2012 if said
| 7 | | defendant has within the last 5 years been:
| 8 | | (1) convicted for a violation of Section 16-25 or 16A-3 | 9 | | of the Criminal Code of
1961 or the Criminal Code of 2012; | 10 | | or
| 11 | | (2) assigned supervision for a violation of Section | 12 | | 16-25 or 16A-3 of the Criminal
Code of 1961 or the Criminal | 13 | | Code of 2012.
| 14 | | The court shall consider the statement of the prosecuting | 15 | | authority with
regard to the standards set forth in this | 16 | | Section.
| 17 | | (f) The provisions of paragraph (c) shall not apply to a | 18 | | defendant
charged with violating Sections 15-111, 15-112, | 19 | | 15-301, paragraph (b)
of Section 6-104, Section 11-605, | 20 | | paragraph (d-5) of Section 11-605.1, Section 11-1002.5, or | 21 | | Section 11-1414
of the Illinois Vehicle Code or a similar | 22 | | provision of a local ordinance.
| 23 | | (g) Except as otherwise provided in paragraph (i) of this | 24 | | Section, the
provisions of paragraph (c) shall not apply to a
| 25 | | defendant charged with violating Section
3-707, 3-708, 3-710, | 26 | | or 5-401.3
of the Illinois Vehicle Code or a similar provision |
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| 1 | | of a local ordinance if the
defendant has within the last 5 | 2 | | years been:
| 3 | | (1) convicted for a violation of Section 3-707, 3-708, | 4 | | 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | 5 | | provision of a local
ordinance; or
| 6 | | (2) assigned supervision for a violation of Section | 7 | | 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle | 8 | | Code or a similar provision of a local
ordinance.
| 9 | | The court shall consider the statement of the prosecuting | 10 | | authority with
regard to the standards set forth in this | 11 | | Section.
| 12 | | (h) The provisions of paragraph (c) shall not apply to a | 13 | | defendant under
the age of 21 years charged with violating a | 14 | | serious traffic offense as defined
in Section 1-187.001 of the | 15 | | Illinois Vehicle Code:
| 16 | | (1) unless the defendant, upon payment of the fines, | 17 | | penalties, and costs
provided by law, agrees to attend and | 18 | | successfully complete a traffic safety
program approved by | 19 | | the court under standards set by the Conference of Chief
| 20 | | Circuit Judges. The accused shall be responsible for | 21 | | payment of any traffic
safety program fees. If the accused | 22 | | fails to file a certificate of
successful completion on or | 23 | | before the termination date of the supervision
order, the | 24 | | supervision shall be summarily revoked and conviction | 25 | | entered. The
provisions of Supreme Court Rule 402 relating | 26 | | to pleas of guilty do not apply
in cases when a defendant |
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| 1 | | enters a guilty plea under this provision; or
| 2 | | (2) if the defendant has previously been sentenced | 3 | | under the provisions of
paragraph (c) on or after January | 4 | | 1, 1998 for any serious traffic offense as
defined in | 5 | | Section 1-187.001 of the Illinois Vehicle Code.
| 6 | | (h-1) The provisions of paragraph (c) shall not apply to a | 7 | | defendant under the age of 21 years charged with an offense | 8 | | against traffic regulations governing the movement of vehicles | 9 | | or any violation of Section 6-107 or Section 12-603.1 of the | 10 | | Illinois Vehicle Code, unless the defendant, upon payment of | 11 | | the fines, penalties, and costs provided by law, agrees to | 12 | | attend and successfully complete a traffic safety program | 13 | | approved by the court under standards set by the Conference of | 14 | | Chief Circuit Judges. The accused shall be responsible for | 15 | | payment of any traffic safety program fees. If the accused | 16 | | fails to file a certificate of successful completion on or | 17 | | before the termination date of the supervision order, the | 18 | | supervision shall be summarily revoked and conviction entered. | 19 | | The provisions of Supreme Court Rule 402 relating to pleas of | 20 | | guilty do not apply in cases when a defendant enters a guilty | 21 | | plea under this provision.
| 22 | | (i) The provisions of paragraph (c) shall not apply to a | 23 | | defendant charged
with violating Section 3-707 of the Illinois | 24 | | Vehicle Code or a similar
provision of a local ordinance if the | 25 | | defendant has been assigned supervision
for a violation of | 26 | | Section 3-707 of the Illinois Vehicle Code or a similar
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| 1 | | provision of a local ordinance.
| 2 | | (j) The provisions of paragraph (c) shall not apply to a
| 3 | | defendant charged with violating
Section 6-303 of the Illinois | 4 | | Vehicle Code or a similar provision of
a local ordinance when | 5 | | the revocation or suspension was for a violation of
Section | 6 | | 11-501 or a similar provision of a local ordinance or a | 7 | | violation of
Section 11-501.1 or paragraph (b) of Section | 8 | | 11-401 of the Illinois Vehicle
Code if the
defendant has within | 9 | | the last 10 years been:
| 10 | | (1) convicted for a violation of Section 6-303 of the | 11 | | Illinois Vehicle
Code or a similar provision of a local | 12 | | ordinance; or
| 13 | | (2) assigned supervision for a violation of Section | 14 | | 6-303 of the Illinois
Vehicle Code or a similar provision | 15 | | of a local ordinance. | 16 | | (k) The provisions of paragraph (c) shall not apply to a
| 17 | | defendant charged with violating
any provision of the Illinois | 18 | | Vehicle Code or a similar provision of a local ordinance that | 19 | | governs the movement of vehicles if, within the 12 months | 20 | | preceding the date of the defendant's arrest, the defendant has | 21 | | been assigned court supervision on 2 occasions for a violation | 22 | | that governs the movement of vehicles under the Illinois | 23 | | Vehicle Code or a similar provision of a local ordinance.
The | 24 | | provisions of this paragraph (k) do not apply to a defendant | 25 | | charged with violating Section 11-501 of the Illinois Vehicle | 26 | | Code or a similar provision of a local ordinance.
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| 1 | | (l) A defendant charged with violating any provision of the | 2 | | Illinois Vehicle Code or a similar provision of a local | 3 | | ordinance who receives a disposition of supervision under | 4 | | subsection (c) shall pay an additional fee of $29, to be | 5 | | collected as provided in Sections 27.5 and 27.6 of the Clerks | 6 | | of Courts Act. In addition to the $29 fee, the person shall | 7 | | also pay a fee of $6, which, if not waived by the court, shall | 8 | | be collected as provided in Sections 27.5 and 27.6 of the | 9 | | Clerks of Courts Act. The $29 fee shall be disbursed as | 10 | | provided in Section 16-104c of the Illinois Vehicle Code. If | 11 | | the $6 fee is collected, $5.50 of the fee shall be deposited | 12 | | into the Circuit Court Clerk Operation and Administrative Fund | 13 | | created by the Clerk of the Circuit Court and 50 cents of the | 14 | | fee shall be deposited into the Prisoner Review Board Vehicle | 15 | | and Equipment Fund in the State treasury.
| 16 | | (m) Any person convicted of, pleading guilty to, or placed | 17 | | on supervision for a serious traffic violation, as defined in | 18 | | Section 1-187.001 of the Illinois Vehicle Code, a violation of | 19 | | Section 11-501 of the Illinois Vehicle Code, or a violation of | 20 | | a similar provision of a local ordinance shall pay an | 21 | | additional fee of $35, to be disbursed as provided in Section | 22 | | 16-104d of that Code. | 23 | | This subsection (m) becomes inoperative on January 1, 2020.
| 24 | | (n)
The provisions of paragraph (c) shall not apply to any | 25 | | person under the age of 18 who commits an offense against | 26 | | traffic regulations governing the movement of vehicles or any |
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| 1 | | violation of Section 6-107 or Section 12-603.1 of the Illinois | 2 | | Vehicle Code, except upon personal appearance of the defendant | 3 | | in court and upon the written consent of the defendant's parent | 4 | | or legal guardian, executed before the presiding judge. The | 5 | | presiding judge shall have the authority to waive this | 6 | | requirement upon the showing of good cause by the defendant.
| 7 | | (o)
The provisions of paragraph (c) shall not apply to a | 8 | | defendant charged with violating Section 6-303 of the Illinois | 9 | | Vehicle Code or a similar provision of a local ordinance when | 10 | | the suspension was for a violation of Section 11-501.1 of the | 11 | | Illinois Vehicle Code and when: | 12 | | (1) at the time of the violation of Section 11-501.1 of | 13 | | the Illinois Vehicle Code, the defendant was a first | 14 | | offender pursuant to Section 11-500 of the Illinois Vehicle | 15 | | Code and the defendant failed to obtain a monitoring device | 16 | | driving permit; or | 17 | | (2) at the time of the violation of Section 11-501.1 of | 18 | | the Illinois Vehicle Code, the defendant was a first | 19 | | offender pursuant to Section 11-500 of the Illinois Vehicle | 20 | | Code, had subsequently obtained a monitoring device | 21 | | driving permit, but was driving a vehicle not equipped with | 22 | | a breath alcohol ignition interlock device as defined in | 23 | | Section 1-129.1 of the Illinois Vehicle Code.
| 24 | | (p) The provisions of paragraph (c) shall not apply to a | 25 | | defendant charged with violating Section 11-601.5 of the | 26 | | Illinois Vehicle Code or a similar provision of a local |
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| 1 | | ordinance when the defendant has previously been: | 2 | | (1) convicted for a violation of Section 11-601.5 of | 3 | | the Illinois Vehicle Code or a similar provision of a local | 4 | | ordinance or any similar law or ordinance of another state; | 5 | | or | 6 | | (2) assigned supervision for a violation of Section | 7 | | 11-601.5 of the Illinois Vehicle Code or a similar | 8 | | provision of a local ordinance or any similar law or | 9 | | ordinance of another state . | 10 | | (q) The provisions of paragraph (c) shall not apply to a | 11 | | defendant charged with violating subsection (b) of Section | 12 | | 11-601 or Section 11-601.5 of the Illinois Vehicle Code when | 13 | | the defendant was operating a vehicle, in an urban district, at | 14 | | a speed that is 26 miles per hour or more in excess of the | 15 | | applicable maximum speed limit established under Chapter 11 of | 16 | | the Illinois Vehicle Code 25 miles per hour over the posted | 17 | | speed limit . | 18 | | (r) 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 if the | 21 | | violation was the proximate cause of the death of another and | 22 | | the defendant's driving abstract contains a prior conviction or | 23 | | disposition of court supervision for any violation of the | 24 | | Illinois Vehicle Code, other than an equipment violation, or a | 25 | | suspension, revocation, or cancellation of the driver's | 26 | | license. |
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| 1 | | (s) The provisions of paragraph (c) shall not apply to a | 2 | | defendant charged
with violating subsection (i) of Section 70 | 3 | | of the Firearm Concealed Carry Act. | 4 | | (Source: P.A. 97-333, eff. 8-12-11; 97-597, eff. 1-1-12; | 5 | | 97-831, eff. 7-1-13; 97-1108, eff. 1-1-13; 97-1150, eff. | 6 | | 1-25-13; 98-169, eff. 1-1-14; 98-658, eff. 6-23-14; 98-899, | 7 | | eff. 8-15-14; revised 10-1-14.)
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