Full Text of HB3648 094th General Assembly
HB3648enr 94TH GENERAL ASSEMBLY
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LRB094 11229 DRH 41956 b |
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| AN ACT concerning driving offenses, which may be referred | 2 |
| to as Matt's Law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Unified Code of Corrections is amended by | 6 |
| changing Sections 5-5-3.2 and 5-6-1 as follows:
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| (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
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| Sec. 5-5-3.2. Factors in Aggravation.
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| (a) The following factors shall be accorded weight in favor | 10 |
| of
imposing a term of imprisonment or may be considered by the | 11 |
| court as reasons
to impose a more severe sentence under Section | 12 |
| 5-8-1:
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| (1) the defendant's conduct caused or threatened | 14 |
| serious harm;
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| (2) the defendant received compensation for committing | 16 |
| the offense;
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| (3) the defendant has a history of prior delinquency or | 18 |
| criminal activity;
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| (4) the defendant, by the duties of his office or by | 20 |
| his position,
was obliged to prevent the particular offense | 21 |
| committed or to bring
the offenders committing it to | 22 |
| justice;
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| (5) the defendant held public office at the time of the | 24 |
| offense,
and the offense related to the conduct of that | 25 |
| office;
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| (6) the defendant utilized his professional reputation | 27 |
| or
position in the community to commit the offense, or to | 28 |
| afford
him an easier means of committing it;
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| (7) the sentence is necessary to deter others from | 30 |
| committing
the same crime;
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| (8) the defendant committed the offense against a | 32 |
| person 60 years of age
or older or such person's property;
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| (9) the defendant committed the offense against a | 2 |
| person who is
physically handicapped or such person's | 3 |
| property;
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| (10) by reason of another individual's actual or | 5 |
| perceived race, color,
creed, religion, ancestry, gender, | 6 |
| sexual orientation, physical or mental
disability, or | 7 |
| national origin, the defendant committed the offense | 8 |
| against (i)
the person or property
of that individual; (ii) | 9 |
| the person or property of a person who has an
association | 10 |
| with, is married to, or has a friendship with the other | 11 |
| individual;
or (iii) the person or property of a relative | 12 |
| (by blood or marriage) of a
person described in clause (i) | 13 |
| or (ii). For the purposes of this Section,
"sexual | 14 |
| orientation" means heterosexuality, homosexuality, or | 15 |
| bisexuality;
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| (11) the offense took place in a place of worship or on | 17 |
| the
grounds of a place of worship, immediately prior to, | 18 |
| during or immediately
following worship services. For | 19 |
| purposes of this subparagraph, "place of
worship" shall | 20 |
| mean any church, synagogue or other building, structure or
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| place used primarily for religious worship;
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| (12) the defendant was convicted of a felony committed | 23 |
| while he was
released on bail or his own recognizance | 24 |
| pending trial for a prior felony
and was convicted of such | 25 |
| prior felony, or the defendant was convicted of a
felony | 26 |
| committed while he was serving a period of probation,
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| conditional discharge, or mandatory supervised release | 28 |
| under subsection (d)
of Section 5-8-1
for a prior felony;
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| (13) the defendant committed or attempted to commit a | 30 |
| felony while he
was wearing a bulletproof vest. For the | 31 |
| purposes of this paragraph (13), a
bulletproof vest is any | 32 |
| device which is designed for the purpose of
protecting the | 33 |
| wearer from bullets, shot or other lethal projectiles;
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| (14) the defendant held a position of trust or | 35 |
| supervision such as, but
not limited to, family member as | 36 |
| defined in Section 12-12 of the Criminal Code
of 1961, |
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| teacher, scout leader, baby sitter, or day care worker, in
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| relation to a victim under 18 years of age, and the | 3 |
| defendant committed an
offense in violation of Section | 4 |
| 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 12-13, | 5 |
| 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
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| against
that victim;
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| (15) the defendant committed an offense related to the | 8 |
| activities of an
organized gang. For the purposes of this | 9 |
| factor, "organized gang" has the
meaning ascribed to it in | 10 |
| Section 10 of the Streetgang Terrorism Omnibus
Prevention | 11 |
| Act;
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| (16) the defendant committed an offense in violation of | 13 |
| one of the
following Sections while in a school, regardless | 14 |
| of the time of day or time of
year; on any conveyance | 15 |
| owned, leased, or contracted by a school to transport
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| students to or from school or a school related activity; on | 17 |
| the real property
of a school; or on a public way within | 18 |
| 1,000 feet of the real property
comprising any school: | 19 |
| Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
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| 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | 21 |
| 12-6, 12-6.1, 12-13,
12-14, 12-14.1, 12-15, 12-16, 18-2, or | 22 |
| 33A-2 of the Criminal Code of
1961;
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| (16.5) the defendant committed an offense in violation | 24 |
| of one of the
following Sections while in a day care | 25 |
| center, regardless of the time of day or
time of year; on | 26 |
| the real property of a day care center, regardless of the | 27 |
| time
of day or time of year; or on a public
way within | 28 |
| 1,000 feet of the real property comprising any day care | 29 |
| center,
regardless of the time of day or time of year:
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| Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1, | 31 |
| 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | 32 |
| 12-6,
12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or | 33 |
| 33A-2 of the Criminal
Code of 1961;
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| (17) the defendant committed the offense by reason of | 35 |
| any person's
activity as a community policing volunteer or | 36 |
| to prevent any person from
engaging in activity as a |
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| community policing volunteer. For the purpose of
this | 2 |
| Section, "community policing volunteer" has the meaning | 3 |
| ascribed to it in
Section 2-3.5 of the Criminal Code of | 4 |
| 1961;
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| (18) the defendant committed the offense in a nursing | 6 |
| home or on the
real
property comprising a nursing home. For | 7 |
| the purposes of this paragraph (18),
"nursing home" means a | 8 |
| skilled nursing
or intermediate long term care facility | 9 |
| that is subject to license by the
Illinois Department of | 10 |
| Public Health under the Nursing Home Care
Act; or
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| (19) the defendant was a federally licensed firearm | 12 |
| dealer
and
was
previously convicted of a violation of | 13 |
| subsection (a) of Section 3 of the
Firearm Owners | 14 |
| Identification Card Act and has now committed either a | 15 |
| felony
violation
of the Firearm Owners Identification Card | 16 |
| Act or an act of armed violence while
armed
with a firearm ; | 17 |
| or
.
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| (20) the defendant (i) committed the offense of | 19 |
| reckless driving or aggravated reckless driving under | 20 |
| Section 11-503 of the Illinois Vehicle Code and (ii) was | 21 |
| operating a motor vehicle in excess of 20 miles per hour | 22 |
| over the posted speed limit as provided in Article VI of | 23 |
| Chapter 11 of the Illinois Vehicle Code.
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| For the purposes of this Section:
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| "School" is defined as a public or private
elementary or | 26 |
| secondary school, community college, college, or university.
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| "Day care center" means a public or private State certified | 28 |
| and
licensed day care center as defined in Section 2.09 of the | 29 |
| Child Care Act of
1969 that displays a sign in plain view | 30 |
| stating that the
property is a day care center.
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| (b) The following factors may be considered by the court as
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| reasons to impose an extended term sentence under Section 5-8-2
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| upon any offender:
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| (1) When a defendant is convicted of any felony, after | 35 |
| having
been previously convicted in Illinois or any other | 36 |
| jurisdiction of the
same or similar class felony or greater |
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| class felony, when such conviction
has occurred within 10 | 2 |
| years after the
previous conviction, excluding time spent | 3 |
| in custody, and such charges are
separately brought and | 4 |
| tried and arise out of different series of acts; or
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| (2) When a defendant is convicted of any felony and the | 6 |
| court
finds that the offense was accompanied by | 7 |
| exceptionally brutal
or heinous behavior indicative of | 8 |
| wanton cruelty; or
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| (3) When a defendant is convicted of voluntary | 10 |
| manslaughter, second
degree murder, involuntary | 11 |
| manslaughter or reckless homicide in which the
defendant | 12 |
| has been convicted of causing the death of more than one | 13 |
| individual; or
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| (4) When a defendant is convicted of any felony | 15 |
| committed against:
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| (i) a person under 12 years of age at the time of | 17 |
| the offense or such
person's property;
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| (ii) a person 60 years of age or older at the time | 19 |
| of the offense or
such person's property; or
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| (iii) a person physically handicapped at the time | 21 |
| of the offense or
such person's property; or
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| (5) In the case of a defendant convicted of aggravated | 23 |
| criminal sexual
assault or criminal sexual assault, when | 24 |
| the court finds that
aggravated criminal sexual assault or | 25 |
| criminal sexual assault
was also committed on the same | 26 |
| victim by one or more other individuals,
and the defendant | 27 |
| voluntarily participated in the crime with the knowledge
of | 28 |
| the participation of the others in the crime, and the | 29 |
| commission of the
crime was part of a single course of | 30 |
| conduct during which there was no
substantial change in the | 31 |
| nature of the criminal objective; or
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| (6) When a defendant is convicted of any felony and the | 33 |
| offense
involved any of the following types of specific | 34 |
| misconduct committed as
part of a ceremony, rite, | 35 |
| initiation, observance, performance, practice or
activity | 36 |
| of any actual or ostensible religious, fraternal, or social |
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| group:
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| (i) the brutalizing or torturing of humans or | 3 |
| animals;
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| (ii) the theft of human corpses;
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| (iii) the kidnapping of humans;
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| (iv) the desecration of any cemetery, religious, | 7 |
| fraternal, business,
governmental, educational, or | 8 |
| other building or property; or
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| (v) ritualized abuse of a child; or
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| (7) When a defendant is convicted of first degree | 11 |
| murder, after having
been previously convicted in Illinois | 12 |
| of any offense listed under paragraph
(c)(2) of Section | 13 |
| 5-5-3, when such conviction has occurred within 10 years
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| after the previous conviction, excluding time spent in | 15 |
| custody,
and such charges are separately brought and tried | 16 |
| and arise out of
different series of acts; or
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| (8) When a defendant is convicted of a felony other | 18 |
| than conspiracy and
the court finds that
the felony was | 19 |
| committed under an agreement with 2 or more other persons
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| to commit that offense and the defendant, with respect to | 21 |
| the other
individuals, occupied a position of organizer, | 22 |
| supervisor, financier, or any
other position of management | 23 |
| or leadership, and the court further finds that
the felony | 24 |
| committed was related to or in furtherance of the criminal
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| activities of an organized gang or was motivated by the | 26 |
| defendant's leadership
in an organized gang; or
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| (9) When a defendant is convicted of a felony violation | 28 |
| of Section 24-1
of the Criminal Code of 1961 and the court | 29 |
| finds that the defendant is a member
of an organized gang; | 30 |
| or
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| (10) When a defendant committed the offense using a | 32 |
| firearm with a
laser sight attached to it. For purposes of | 33 |
| this paragraph (10), "laser sight"
has the meaning ascribed | 34 |
| to it in Section 24.6-5 of the Criminal Code of
1961; or
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| (11) When a defendant who was at least 17 years of age | 36 |
| at the
time of
the commission of the offense is convicted |
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| of a felony and has been previously
adjudicated a | 2 |
| delinquent minor under the Juvenile Court Act of 1987 for | 3 |
| an act
that if committed by an adult would be a Class X or | 4 |
| Class 1 felony when the
conviction has occurred within 10 | 5 |
| years after the previous adjudication,
excluding time | 6 |
| spent in custody; or
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| (12) When a defendant commits an offense involving the | 8 |
| illegal
manufacture of a controlled substance under | 9 |
| Section 401 of the Illinois
Controlled Substances Act or | 10 |
| the illegal possession of explosives and an
emergency | 11 |
| response
officer in
the performance of his or her duties is
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| killed or injured at the scene of the offense while | 13 |
| responding to the
emergency caused by the commission of the | 14 |
| offense.
In this paragraph (12),
"emergency" means a | 15 |
| situation in which a person's life, health, or safety is
in | 16 |
| jeopardy; and
"emergency response officer" means a peace | 17 |
| officer, community policing
volunteer, fireman, emergency | 18 |
| medical
technician-ambulance, emergency medical | 19 |
| technician-intermediate, emergency
medical | 20 |
| technician-paramedic, ambulance
driver, other medical | 21 |
| assistance or first aid personnel, or hospital emergency
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| room personnel.
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| (b-1) For the purposes of this Section, "organized gang" | 24 |
| has the meaning
ascribed to it in Section 10 of the Illinois | 25 |
| Streetgang Terrorism Omnibus
Prevention Act.
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| (c) The court may impose an extended term sentence under | 27 |
| Section 5-8-2
upon any offender who was convicted of aggravated | 28 |
| criminal sexual assault
or predatory criminal sexual assault of | 29 |
| a child under subsection (a)(1) of
Section 12-14.1 of
the | 30 |
| Criminal Code of 1961
where the victim was under 18 years of | 31 |
| age at the time of the commission
of the offense.
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| (d) The court may impose an extended term sentence under | 33 |
| Section 5-8-2 upon
any offender who was convicted of unlawful | 34 |
| use of weapons under Section 24-1 of
the Criminal Code of 1961 | 35 |
| for possessing a weapon that is not readily
distinguishable as | 36 |
| one of the weapons enumerated in Section 24-1 of the
Criminal |
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| Code of 1961.
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| (Source: P.A. 91-119, eff. 1-1-00; 91-120, eff. 7-15-99; | 3 |
| 91-252, eff. 1-1-00;
91-267, eff. 1-1-00; 91-268, eff. 1-1-00; | 4 |
| 91-357, eff. 7-29-99; 91-437, eff.
1-1-00; 91-696, eff. | 5 |
| 4-13-00; 92-266, eff. 1-1-02.)
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| (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
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| Sec. 5-6-1. Sentences of Probation and of Conditional
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| Discharge and Disposition of Supervision.
The General Assembly | 9 |
| finds that in order to protect the public, the
criminal justice | 10 |
| system must compel compliance with the conditions of probation
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| by responding to violations with swift, certain and fair | 12 |
| punishments and
intermediate sanctions. The Chief Judge of each | 13 |
| circuit shall adopt a system of
structured, intermediate | 14 |
| sanctions for violations of the terms and conditions
of a | 15 |
| sentence of probation, conditional discharge or disposition of
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| supervision.
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| (a) Except where specifically prohibited by other
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| provisions of this Code, the court shall impose a sentence
of | 19 |
| probation or conditional discharge upon an offender
unless, | 20 |
| having regard to the nature and circumstance of
the offense, | 21 |
| and to the history, character and condition
of the offender, | 22 |
| the court is of the opinion that:
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| (1) his imprisonment or periodic imprisonment is | 24 |
| necessary
for the protection of the public; or
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| (2) probation or conditional discharge would deprecate
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| the seriousness of the offender's conduct and would be
| 27 |
| inconsistent with the ends of justice; or
| 28 |
| (3) a combination of imprisonment with concurrent or | 29 |
| consecutive probation when an offender has been admitted | 30 |
| into a drug court program under Section 20 of the Drug | 31 |
| Court Treatment Act is necessary for the protection of the | 32 |
| public and for the rehabilitation of the offender.
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| The court shall impose as a condition of a sentence of | 34 |
| probation,
conditional discharge, or supervision, that the | 35 |
| probation agency may invoke any
sanction from the list of |
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| intermediate sanctions adopted by the chief judge of
the | 2 |
| circuit court for violations of the terms and conditions of the | 3 |
| sentence of
probation, conditional discharge, or supervision, | 4 |
| subject to the provisions of
Section 5-6-4 of this Act.
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| (b) The court may impose a sentence of conditional
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| discharge for an offense if the court is of the opinion
that | 7 |
| neither a sentence of imprisonment nor of periodic
imprisonment | 8 |
| nor of probation supervision is appropriate.
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| (b-1) Subsections (a) and (b) of this Section do not apply | 10 |
| to a defendant charged with a misdemeanor or felony under the | 11 |
| Illinois Vehicle Code or reckless homicide under Section 9-3 of | 12 |
| the Criminal Code of 1961 if the defendant within the past 12 | 13 |
| months has been convicted of or pleaded guilty to a misdemeanor | 14 |
| or felony under the Illinois Vehicle Code or reckless homicide | 15 |
| under Section 9-3 of the Criminal Code of 1961.
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| (c) The court may, upon a plea of guilty or a stipulation
| 17 |
| by the defendant of the facts supporting the charge or a
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| finding of guilt, defer further proceedings and the
imposition | 19 |
| of a sentence, and enter an order for supervision of the | 20 |
| defendant,
if the defendant is not charged with: (i) a Class A | 21 |
| misdemeanor, as
defined by the following provisions of the | 22 |
| Criminal Code of 1961: Sections
12-3.2; 12-15; 26-5; 31-1; | 23 |
| 31-6; 31-7; subsections (b) and (c) of Section
21-1;
paragraph | 24 |
| (1) through (5), (8), (10), and (11) of subsection (a) of | 25 |
| Section
24-1; (ii) a Class A misdemeanor violation of Section
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| 3.01,
3.03-1, or 4.01 of the Humane Care
for Animals Act; or | 27 |
| (iii)
felony.
If the defendant
is not barred from receiving an | 28 |
| order for supervision as provided in this
subsection, the court | 29 |
| may enter an order for supervision after considering the
| 30 |
| circumstances of the offense, and the history,
character and | 31 |
| condition of the offender, if the court is of the opinion
that:
| 32 |
| (1) the offender is not likely to commit further | 33 |
| crimes;
| 34 |
| (2) the defendant and the public would be best served | 35 |
| if the
defendant were not to receive a criminal record; and
| 36 |
| (3) in the best interests of justice an order of |
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| supervision
is more appropriate than a sentence otherwise | 2 |
| permitted under this Code.
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| (d) The provisions of paragraph (c) shall not apply to a | 4 |
| defendant charged
with violating Section 11-501 of the Illinois | 5 |
| Vehicle Code or a similar
provision of a local
ordinance when | 6 |
| the defendant has previously been:
| 7 |
| (1) convicted for a violation of Section 11-501 of
the | 8 |
| Illinois Vehicle
Code or a similar provision of a
local | 9 |
| ordinance or any similar law or ordinance of another state; | 10 |
| or
| 11 |
| (2) assigned supervision for a violation of Section | 12 |
| 11-501 of the Illinois
Vehicle Code or a similar provision | 13 |
| of a local ordinance or any similar law
or ordinance of | 14 |
| another state; or
| 15 |
| (3) pleaded guilty to or stipulated to the facts | 16 |
| supporting
a charge or a finding of guilty to a violation | 17 |
| of Section 11-503 of the
Illinois Vehicle Code or a similar | 18 |
| provision of a local ordinance or any
similar law or | 19 |
| ordinance of another state, and the
plea or stipulation was | 20 |
| the result of a plea agreement.
| 21 |
| The court shall consider the statement of the prosecuting
| 22 |
| authority with regard to the standards set forth in this | 23 |
| Section.
| 24 |
| (e) The provisions of paragraph (c) shall not apply to a | 25 |
| defendant
charged with violating Section 16A-3 of the Criminal | 26 |
| Code of 1961 if said
defendant has within the last 5 years | 27 |
| been:
| 28 |
| (1) convicted for a violation of Section 16A-3 of the | 29 |
| Criminal Code of
1961; or
| 30 |
| (2) assigned supervision for a violation of Section | 31 |
| 16A-3 of the Criminal
Code of 1961.
| 32 |
| The court shall consider the statement of the prosecuting | 33 |
| authority with
regard to the standards set forth in this | 34 |
| Section.
| 35 |
| (f) The provisions of paragraph (c) shall not apply to a | 36 |
| defendant
charged with violating Sections 15-111, 15-112, |
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| 15-301, paragraph (b)
of Section 6-104, Section 11-605, or | 2 |
| Section 11-1414
of the Illinois Vehicle Code or a similar | 3 |
| provision of a local ordinance.
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| (g) Except as otherwise provided in paragraph (i) of this | 5 |
| Section, the
provisions of paragraph (c) shall not apply to a
| 6 |
| defendant charged with violating Section
3-707, 3-708, 3-710, | 7 |
| or 5-401.3
of the Illinois Vehicle Code or a similar provision | 8 |
| of a local ordinance if the
defendant has within the last 5 | 9 |
| years been:
| 10 |
| (1) convicted for a violation of Section 3-707, 3-708, | 11 |
| 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | 12 |
| provision of a local
ordinance; or
| 13 |
| (2) assigned supervision for a violation of Section | 14 |
| 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle | 15 |
| Code or a similar provision of a local
ordinance.
| 16 |
| The court shall consider the statement of the prosecuting | 17 |
| authority with
regard to the standards set forth in this | 18 |
| Section.
| 19 |
| (h) The provisions of paragraph (c) shall not apply to a | 20 |
| defendant under
the age of 21 years charged with violating a | 21 |
| serious traffic offense as defined
in Section 1-187.001 of the | 22 |
| Illinois Vehicle Code:
| 23 |
| (1) unless the defendant, upon payment of the fines, | 24 |
| penalties, and costs
provided by law, agrees to attend and | 25 |
| successfully complete a traffic safety
program approved by | 26 |
| the court under standards set by the Conference of Chief
| 27 |
| Circuit Judges. The accused shall be responsible for | 28 |
| payment of any traffic
safety program fees. If the accused | 29 |
| fails to file a certificate of
successful completion on or | 30 |
| before the termination date of the supervision
order, the | 31 |
| supervision shall be summarily revoked and conviction | 32 |
| entered. The
provisions of Supreme Court Rule 402 relating | 33 |
| to pleas of guilty do not apply
in cases when a defendant | 34 |
| enters a guilty plea under this provision; or
| 35 |
| (2) if the defendant has previously been sentenced | 36 |
| under the provisions of
paragraph (c) on or after January |
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HB3648 Enrolled |
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| 1, 1998 for any serious traffic offense as
defined in | 2 |
| Section 1-187.001 of the Illinois Vehicle Code.
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| (i) The provisions of paragraph (c) shall not apply to a | 4 |
| defendant charged
with violating Section 3-707 of the Illinois | 5 |
| Vehicle Code or a similar
provision of a local ordinance if the | 6 |
| defendant has been assigned supervision
for a violation of | 7 |
| Section 3-707 of the Illinois Vehicle Code or a similar
| 8 |
| provision of a local ordinance.
| 9 |
| (j) The provisions of paragraph (c) shall not apply to a
| 10 |
| defendant charged with violating
Section 6-303 of the Illinois | 11 |
| Vehicle Code or a similar provision of
a local ordinance when | 12 |
| the revocation or suspension was for a violation of
Section | 13 |
| 11-501 or a similar provision of a local ordinance, a violation | 14 |
| of
Section 11-501.1 or paragraph (b) of Section 11-401 of the | 15 |
| Illinois Vehicle
Code, or a violation of Section 9-3 of the | 16 |
| Criminal Code of 1961 if the
defendant has within the last 10 | 17 |
| years been:
| 18 |
| (1) convicted for a violation of Section 6-303 of the | 19 |
| Illinois Vehicle
Code or a similar provision of a local | 20 |
| ordinance; or
| 21 |
| (2) assigned supervision for a violation of Section | 22 |
| 6-303 of the Illinois
Vehicle Code or a similar provision | 23 |
| of a local ordinance.
| 24 |
| (Source: P.A. 93-388, eff. 7-25-03; 93-1014, eff. 1-1-05.)
|
|