Full Text of HB3978 99th General Assembly
HB3978 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB3978 Introduced , by Rep. Jeanne M Ives SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/11-601.5 |
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730 ILCS 5/5-6-1 | from Ch. 38, par. 1005-6-1 |
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Amends the Illinois Vehicle Code. Provides that a person who drives a vehicle upon any highway of this State at a speed that is 40 (rather than 26) miles per hour or more in excess of the applicable maximum speed limit commits a Class B misdemeanor. Removes the penalty of a Class A misdemeanor for driving 35 miles per hour or more in excess of the applicable maximum speed limit. Amends the Unified Code of Corrections. Allows court supervision for a violation of driving at a speed that is 40 miles per hour or more in excess of the applicable maximum speed limit.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 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 11-601.5 as follows:
| 6 | | (625 ILCS 5/11-601.5)
| 7 | | Sec. 11-601.5. Driving 40 26 miles per hour or more in | 8 | | excess of
applicable limit. | 9 | | (a) A person who drives a vehicle upon any highway of
this | 10 | | State at a speed that is 40 26 miles per hour or more but less | 11 | | than 35 miles per hour in excess of
the applicable maximum | 12 | | speed limit established under this Chapter or a
local ordinance | 13 | | commits a Class B misdemeanor. | 14 | | (b) (Blank). A person who drives a vehicle upon any highway | 15 | | of
this State at a speed that is 35 miles per hour or more in | 16 | | excess of
the applicable maximum speed limit established under | 17 | | this Chapter or a
local ordinance commits a Class A | 18 | | misdemeanor.
| 19 | | (Source: P.A. 98-511, eff. 1-1-14.)
| 20 | | Section 10. The Unified Code of Corrections is amended by | 21 | | changing Section 5-6-1 as follows:
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| 1 | | (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
| 2 | | Sec. 5-6-1. Sentences of Probation and of Conditional
| 3 | | Discharge and Disposition of Supervision.
The General Assembly | 4 | | finds that in order to protect the public, the
criminal justice | 5 | | system must compel compliance with the conditions of probation
| 6 | | by responding to violations with swift, certain and fair | 7 | | punishments and
intermediate sanctions. The Chief Judge of each | 8 | | circuit shall adopt a system of
structured, intermediate | 9 | | sanctions for violations of the terms and conditions
of a | 10 | | sentence of probation, conditional discharge or disposition of
| 11 | | supervision.
| 12 | | (a) Except where specifically prohibited by other
| 13 | | provisions of this Code, the court shall impose a sentence
of | 14 | | probation or conditional discharge upon an offender
unless, | 15 | | having regard to the nature and circumstance of
the offense, | 16 | | and to the history, character and condition
of the offender, | 17 | | the court is of the opinion that:
| 18 | | (1) his imprisonment or periodic imprisonment is | 19 | | necessary
for the protection of the public; or
| 20 | | (2) probation or conditional discharge would deprecate
| 21 | | the seriousness of the offender's conduct and would be
| 22 | | inconsistent with the ends of justice; or
| 23 | | (3) a combination of imprisonment with concurrent or | 24 | | consecutive probation when an offender has been admitted | 25 | | into a drug court program under Section 20 of the Drug | 26 | | Court Treatment Act is necessary for the protection of the |
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| 1 | | public and for the rehabilitation of the offender.
| 2 | | The court shall impose as a condition of a sentence of | 3 | | probation,
conditional discharge, or supervision, that the | 4 | | probation agency may invoke any
sanction from the list of | 5 | | intermediate sanctions adopted by the chief judge of
the | 6 | | circuit court for violations of the terms and conditions of the | 7 | | sentence of
probation, conditional discharge, or supervision, | 8 | | subject to the provisions of
Section 5-6-4 of this Act.
| 9 | | (b) The court may impose a sentence of conditional
| 10 | | discharge for an offense if the court is of the opinion
that | 11 | | neither a sentence of imprisonment nor of periodic
imprisonment | 12 | | nor of probation supervision is appropriate.
| 13 | | (b-1) Subsections (a) and (b) of this Section do not apply | 14 | | to a defendant charged with a misdemeanor or felony under the | 15 | | Illinois Vehicle Code or reckless homicide under Section 9-3 of | 16 | | the Criminal Code of 1961 or the Criminal Code of 2012 if the | 17 | | defendant within the past 12 months has been convicted of or | 18 | | pleaded guilty to a misdemeanor or felony under the Illinois | 19 | | Vehicle Code or reckless homicide under Section 9-3 of the | 20 | | Criminal Code of 1961 or the Criminal Code of 2012. | 21 | | (c) The court may, upon a plea of guilty or a stipulation
| 22 | | by the defendant of the facts supporting the charge or a
| 23 | | finding of guilt, defer further proceedings and the
imposition | 24 | | of a sentence, and enter an order for supervision of the | 25 | | defendant,
if the defendant is not charged with: (i) a Class A | 26 | | misdemeanor, as
defined by the following provisions of the |
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| 1 | | Criminal Code of 1961 or the Criminal Code of 2012: Sections
| 2 | | 11-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6; | 3 | | 31-7; paragraphs (2) and (3) of subsection (a) of Section
21-1;
| 4 | | paragraph (1) through (5), (8), (10), and (11) of subsection | 5 | | (a) of Section
24-1; (ii) a Class A misdemeanor violation of | 6 | | Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals | 7 | | Act; or (iii)
a felony.
If the defendant
is not barred from | 8 | | receiving an order for supervision as provided in this
| 9 | | subsection, the court may enter an order for supervision after | 10 | | considering the
circumstances of the offense, and the history,
| 11 | | character and condition of the offender, if the court is of the | 12 | | opinion
that:
| 13 | | (1) the offender is not likely to commit further | 14 | | crimes;
| 15 | | (2) the defendant and the public would be best served | 16 | | if the
defendant were not to receive a criminal record; and
| 17 | | (3) in the best interests of justice an order of | 18 | | supervision
is more appropriate than a sentence otherwise | 19 | | permitted under this Code.
| 20 | | (c-5) Subsections (a), (b), and (c) of this Section do not | 21 | | apply to a defendant charged with a second or subsequent | 22 | | violation of Section 6-303 of the Illinois Vehicle Code | 23 | | committed while his or her driver's license, permit or | 24 | | privileges were revoked because of a violation of Section 9-3 | 25 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 26 | | relating to the offense of reckless homicide, or a similar |
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| 1 | | provision of a law of another state.
| 2 | | (d) The provisions of paragraph (c) shall not apply to a | 3 | | defendant charged
with violating Section 11-501 of the Illinois | 4 | | Vehicle Code or a similar
provision of a local
ordinance when | 5 | | the defendant has previously been:
| 6 | | (1) convicted for a violation of Section 11-501 of
the | 7 | | Illinois Vehicle
Code or a similar provision of a
local | 8 | | ordinance or any similar law or ordinance of another state; | 9 | | or
| 10 | | (2) assigned supervision for a violation of Section | 11 | | 11-501 of the Illinois
Vehicle Code or a similar provision | 12 | | of a local ordinance or any similar law
or ordinance of | 13 | | another state; or
| 14 | | (3) pleaded guilty to or stipulated to the facts | 15 | | supporting
a charge or a finding of guilty to a violation | 16 | | of Section 11-503 of the
Illinois Vehicle Code or a similar | 17 | | provision of a local ordinance or any
similar law or | 18 | | ordinance of another state, and the
plea or stipulation was | 19 | | the result of a plea agreement.
| 20 | | The court shall consider the statement of the prosecuting
| 21 | | authority with regard to the standards set forth in this | 22 | | Section.
| 23 | | (e) The provisions of paragraph (c) shall not apply to a | 24 | | defendant
charged with violating Section 16-25 or 16A-3 of the | 25 | | Criminal Code of 1961 or the Criminal Code of 2012 if said
| 26 | | defendant has within the last 5 years been:
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| 1 | | (1) convicted for a violation of Section 16-25 or 16A-3 | 2 | | of the Criminal Code of
1961 or the Criminal Code of 2012; | 3 | | or
| 4 | | (2) assigned supervision for a violation of Section | 5 | | 16-25 or 16A-3 of the Criminal
Code of 1961 or the Criminal | 6 | | Code of 2012.
| 7 | | The court shall consider the statement of the prosecuting | 8 | | authority with
regard to the standards set forth in this | 9 | | Section.
| 10 | | (f) The provisions of paragraph (c) shall not apply to a | 11 | | defendant
charged with violating Sections 15-111, 15-112, | 12 | | 15-301, paragraph (b)
of Section 6-104, Section 11-605, Section | 13 | | 11-1002.5, or Section 11-1414
of the Illinois Vehicle Code or a | 14 | | similar provision of a local ordinance.
| 15 | | (g) Except as otherwise provided in paragraph (i) of this | 16 | | Section, the
provisions of paragraph (c) shall not apply to a
| 17 | | defendant charged with violating Section
3-707, 3-708, 3-710, | 18 | | or 5-401.3
of the Illinois Vehicle Code or a similar provision | 19 | | of a local ordinance if the
defendant has within the last 5 | 20 | | years been:
| 21 | | (1) convicted for a violation of Section 3-707, 3-708, | 22 | | 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | 23 | | provision of a local
ordinance; or
| 24 | | (2) assigned supervision for a violation of Section | 25 | | 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle | 26 | | Code or a similar provision of a local
ordinance.
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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 | | (h) The provisions of paragraph (c) shall not apply to a | 5 | | defendant under
the age of 21 years charged with violating a | 6 | | serious traffic offense as defined
in Section 1-187.001 of the | 7 | | Illinois Vehicle Code:
| 8 | | (1) unless the defendant, upon payment of the fines, | 9 | | penalties, and costs
provided by law, agrees to attend and | 10 | | successfully complete a traffic safety
program approved by | 11 | | the court under standards set by the Conference of Chief
| 12 | | Circuit Judges. The accused shall be responsible for | 13 | | payment of any traffic
safety program fees. If the accused | 14 | | fails to file a certificate of
successful completion on or | 15 | | before the termination date of the supervision
order, the | 16 | | supervision shall be summarily revoked and conviction | 17 | | entered. The
provisions of Supreme Court Rule 402 relating | 18 | | to pleas of guilty do not apply
in cases when a defendant | 19 | | enters a guilty plea under this provision; or
| 20 | | (2) if the defendant has previously been sentenced | 21 | | under the provisions of
paragraph (c) on or after January | 22 | | 1, 1998 for any serious traffic offense as
defined in | 23 | | Section 1-187.001 of the Illinois Vehicle Code.
| 24 | | (h-1) The provisions of paragraph (c) shall not apply to a | 25 | | defendant under the age of 21 years charged with an offense | 26 | | against traffic regulations governing the movement of vehicles |
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| 1 | | or any violation of Section 6-107 or Section 12-603.1 of the | 2 | | Illinois Vehicle Code, unless the defendant, upon payment of | 3 | | the fines, penalties, and costs provided by law, agrees to | 4 | | attend and successfully complete a traffic safety program | 5 | | approved by the court under standards set by the Conference of | 6 | | Chief Circuit Judges. The accused shall be responsible for | 7 | | payment of any traffic safety program fees. If the accused | 8 | | fails to file a certificate of successful completion on or | 9 | | before the termination date of the supervision order, the | 10 | | supervision shall be summarily revoked and conviction entered. | 11 | | The provisions of Supreme Court Rule 402 relating to pleas of | 12 | | guilty do not apply in cases when a defendant enters a guilty | 13 | | plea under this provision.
| 14 | | (i) The provisions of paragraph (c) shall not apply to a | 15 | | defendant charged
with violating Section 3-707 of the Illinois | 16 | | Vehicle Code or a similar
provision of a local ordinance if the | 17 | | defendant has been assigned supervision
for a violation of | 18 | | Section 3-707 of the Illinois Vehicle Code or a similar
| 19 | | provision of a local ordinance.
| 20 | | (j) The provisions of paragraph (c) shall not apply to a
| 21 | | defendant charged with violating
Section 6-303 of the Illinois | 22 | | Vehicle Code or a similar provision of
a local ordinance when | 23 | | the revocation or suspension was for a violation of
Section | 24 | | 11-501 or a similar provision of a local ordinance or a | 25 | | violation of
Section 11-501.1 or paragraph (b) of Section | 26 | | 11-401 of the Illinois Vehicle
Code if the
defendant has within |
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| 1 | | the last 10 years been:
| 2 | | (1) convicted for a violation of Section 6-303 of the | 3 | | Illinois Vehicle
Code or a similar provision of a local | 4 | | ordinance; or
| 5 | | (2) assigned supervision for a violation of Section | 6 | | 6-303 of the Illinois
Vehicle Code or a similar provision | 7 | | of a local ordinance. | 8 | | (k) The provisions of paragraph (c) shall not apply to a
| 9 | | defendant charged with violating
any provision of the Illinois | 10 | | Vehicle Code or a similar provision of a local ordinance that | 11 | | governs the movement of vehicles if, within the 12 months | 12 | | preceding the date of the defendant's arrest, the defendant has | 13 | | been assigned court supervision on 2 occasions for a violation | 14 | | that governs the movement of vehicles under the Illinois | 15 | | Vehicle Code or a similar provision of a local ordinance.
The | 16 | | provisions of this paragraph (k) do not apply to a defendant | 17 | | charged with violating Section 11-501 of the Illinois Vehicle | 18 | | Code or a similar provision of a local ordinance.
| 19 | | (l) A defendant charged with violating any provision of the | 20 | | Illinois Vehicle Code or a similar provision of a local | 21 | | ordinance who receives a disposition of supervision under | 22 | | subsection (c) shall pay an additional fee of $29, to be | 23 | | collected as provided in Sections 27.5 and 27.6 of the Clerks | 24 | | of Courts Act. In addition to the $29 fee, the person shall | 25 | | also pay a fee of $6, which, if not waived by the court, shall | 26 | | be collected as provided in Sections 27.5 and 27.6 of the |
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| 1 | | Clerks of Courts Act. The $29 fee shall be disbursed as | 2 | | provided in Section 16-104c of the Illinois Vehicle Code. If | 3 | | the $6 fee is collected, $5.50 of the fee shall be deposited | 4 | | into the Circuit Court Clerk Operation and Administrative Fund | 5 | | created by the Clerk of the Circuit Court and 50 cents of the | 6 | | fee shall be deposited into the Prisoner Review Board Vehicle | 7 | | and Equipment Fund in the State treasury.
| 8 | | (m) Any person convicted of, pleading guilty to, or placed | 9 | | on supervision for a serious traffic violation, as defined in | 10 | | Section 1-187.001 of the Illinois Vehicle Code, a violation of | 11 | | Section 11-501 of the Illinois Vehicle Code, or a violation of | 12 | | a similar provision of a local ordinance shall pay an | 13 | | additional fee of $35, to be disbursed as provided in Section | 14 | | 16-104d of that Code. | 15 | | This subsection (m) becomes inoperative on January 1, 2020.
| 16 | | (n)
The provisions of paragraph (c) shall not apply to any | 17 | | person under the age of 18 who commits an offense against | 18 | | traffic regulations governing the movement of vehicles or any | 19 | | violation of Section 6-107 or Section 12-603.1 of the Illinois | 20 | | Vehicle Code, except upon personal appearance of the defendant | 21 | | in court and upon the written consent of the defendant's parent | 22 | | or legal guardian, executed before the presiding judge. The | 23 | | presiding judge shall have the authority to waive this | 24 | | requirement upon the showing of good cause by the defendant.
| 25 | | (o)
The provisions of paragraph (c) shall not apply to a | 26 | | defendant charged with violating Section 6-303 of the Illinois |
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| 1 | | Vehicle Code or a similar provision of a local ordinance when | 2 | | the suspension was for a violation of Section 11-501.1 of the | 3 | | Illinois Vehicle Code and when: | 4 | | (1) at the time of the violation of Section 11-501.1 of | 5 | | the Illinois Vehicle Code, the defendant was a first | 6 | | offender pursuant to Section 11-500 of the Illinois Vehicle | 7 | | Code and the defendant failed to obtain a monitoring device | 8 | | driving permit; or | 9 | | (2) at the time of the violation of Section 11-501.1 of | 10 | | the Illinois Vehicle Code, the defendant was a first | 11 | | offender pursuant to Section 11-500 of the Illinois Vehicle | 12 | | Code, had subsequently obtained a monitoring device | 13 | | driving permit, but was driving a vehicle not equipped with | 14 | | a breath alcohol ignition interlock device as defined in | 15 | | Section 1-129.1 of the Illinois Vehicle Code.
| 16 | | (p) (Blank). The provisions of paragraph (c) shall not | 17 | | apply to a defendant charged with violating Section 11-601.5 of | 18 | | the Illinois Vehicle Code or a similar provision of a local | 19 | | ordinance. | 20 | | (q) The provisions of paragraph (c) shall not apply to a | 21 | | defendant charged with violating subsection (b) of Section | 22 | | 11-601 of the Illinois Vehicle Code when the defendant was | 23 | | operating a vehicle, in an urban district, at a speed in excess | 24 | | of 25 miles per hour over the posted speed limit. | 25 | | (r) The provisions of paragraph (c) shall not apply to a | 26 | | defendant charged with violating any provision of the Illinois |
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| 1 | | Vehicle Code or a similar provision of a local ordinance if the | 2 | | violation was the proximate cause of the death of another and | 3 | | the defendant's driving abstract contains a prior conviction or | 4 | | disposition of court supervision for any violation of the | 5 | | Illinois Vehicle Code, other than an equipment violation, or a | 6 | | suspension, revocation, or cancellation of the driver's | 7 | | license. | 8 | | (s) The provisions of paragraph (c) shall not apply to a | 9 | | defendant charged
with violating subsection (i) of Section 70 | 10 | | of the Firearm Concealed Carry Act. | 11 | | (Source: P.A. 97-333, eff. 8-12-11; 97-597, eff. 1-1-12; | 12 | | 97-831, eff. 7-1-13; 97-1108, eff. 1-1-13; 97-1150, eff. | 13 | | 1-25-13; 98-169, eff. 1-1-14; 98-658, eff. 6-23-14; 98-899, | 14 | | eff. 8-15-14; revised 10-1-14.)
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