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90_HB3888
730 ILCS 5/5-6-1 from Ch. 38, par. 1005-6-1
Amends the Unified Code of Corrections. Provides that a
defendant who is charged with a DUI violation shall not
receive supervision if the defendant has been previously
convicted of or assigned supervision for a DUI violation
committed in another state.
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1 AN ACT to amend the Unified Code of Corrections by
2 changing Section 5-6-1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unified Code of Corrections is amended by
6 changing Section 5-6-1 as follows:
7 (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
8 Sec. 5-6-1. Sentences of Probation and of Conditional
9 Discharge and Disposition of Supervision. The General
10 Assembly finds that in order to protect the public, the
11 criminal justice system must compel compliance with the
12 conditions of probation by responding to violations with
13 swift, certain and fair punishments and intermediate
14 sanctions. The Chief Judge of each circuit shall adopt a
15 system of structured, intermediate sanctions for violations
16 of the terms and conditions of a sentence of probation,
17 conditional discharge or disposition of supervision.
18 (a) Except where specifically prohibited by other
19 provisions of this Code, the court shall impose a sentence of
20 probation or conditional discharge upon an offender unless,
21 having regard to the nature and circumstance of the offense,
22 and to the history, character and condition of the offender,
23 the court is of the opinion that:
24 (1) his imprisonment or periodic imprisonment is
25 necessary for the protection of the public; or
26 (2) probation or conditional discharge would
27 deprecate the seriousness of the offender's conduct and
28 would be inconsistent with the ends of justice.
29 The court shall impose as a condition of a sentence of
30 probation, conditional discharge, or supervision, that the
31 probation agency may invoke any sanction from the list of
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1 intermediate sanctions adopted by the chief judge of the
2 circuit court for violations of the terms and conditions of
3 the sentence of probation, conditional discharge, or
4 supervision, subject to the provisions of Section 5-6-4 of
5 this Act.
6 (b) The court may impose a sentence of conditional
7 discharge for an offense if the court is of the opinion that
8 neither a sentence of imprisonment nor of periodic
9 imprisonment nor of probation supervision is appropriate.
10 (c) The court may, upon a plea of guilty or a
11 stipulation by the defendant of the facts supporting the
12 charge or a finding of guilt, defer further proceedings and
13 the imposition of a sentence, and enter an order for
14 supervision of the defendant, if the defendant is not charged
15 with a Class A misdemeanor, as defined by the following
16 provisions of the Criminal Code of 1961: Sections 12-3.2;
17 12-15; 31-1; 31-6; 31-7; subsections (b) and (c) of Section
18 21-1; paragraph (1) through (5), (8), (10), and (11) of
19 subsection (a) of Section 24-1; and Section 1 of the Boarding
20 Aircraft With Weapon Act; or a felony. If the defendant is
21 not barred from receiving an order for supervision as
22 provided in this subsection, the court may enter an order for
23 supervision after considering the circumstances of the
24 offense, and the history, character and condition of the
25 offender, if the court is of the opinion that:
26 (1) the offender is not likely to commit further
27 crimes;
28 (2) the defendant and the public would be best
29 served if the defendant were not to receive a criminal
30 record; and
31 (3) in the best interests of justice an order of
32 supervision is more appropriate than a sentence otherwise
33 permitted under this Code.
34 (d) The provisions of paragraph (c) shall not apply to a
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1 defendant charged with violating Section 11-501 of the
2 Illinois Vehicle Code or a similar provision of a local
3 ordinance when the defendant has previously been:
4 (1) convicted for a violation of Section 11-501 of
5 the Illinois Vehicle Code, or a similar provision of a
6 local ordinance, or any similar statute or ordinance of
7 another state; or
8 (2) assigned supervision for a violation of Section
9 11-501 of the Illinois Vehicle Code, or a similar
10 provision of a local ordinance, or any similar statute or
11 ordinance of another state; or
12 (3) pleaded guilty to or stipulated to the facts
13 supporting a charge or a finding of guilty to a violation
14 of Section 11-503 of the Illinois Vehicle Code, or a
15 similar provision of a local ordinance, or any similar
16 statute or ordinance of another state, and the plea or
17 stipulation was the result of a plea agreement.
18 The court shall consider the statement of the prosecuting
19 authority with regard to the standards set forth in this
20 Section.
21 (e) The provisions of paragraph (c) shall not apply to a
22 defendant charged with violating Section 16A-3 of the
23 Criminal Code of 1961 if said defendant has within the last 5
24 years been:
25 (1) convicted for a violation of Section 16A-3 of
26 the Criminal Code of 1961; or
27 (2) assigned supervision for a violation of Section
28 16A-3 of the Criminal Code of 1961.
29 The court shall consider the statement of the prosecuting
30 authority with regard to the standards set forth in this
31 Section.
32 (f) The provisions of paragraph (c) shall not apply to a
33 defendant charged with violating Sections 15-111, 15-112,
34 15-301, paragraph (b) of Section 6-104, Section 11-605, or
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1 Section 11-1414 of the Illinois Vehicle Code or a similar
2 provision of a local ordinance.
3 (g) The provisions of paragraph (c) shall not apply to a
4 defendant charged with violating Section 3-707, 3-708, 3-710,
5 or 5-401.3 of the Illinois Vehicle Code or a similar
6 provision of a local ordinance if the defendant has within
7 the last 5 years been:
8 (1) convicted for a violation of Section 3-707,
9 3-708, 3-710, or 5-401.3 of the Illinois Vehicle Code or
10 a similar provision of a local ordinance; or
11 (2) assigned supervision for a violation of Section
12 3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
13 Code or a similar provision of a local ordinance.
14 The court shall consider the statement of the prosecuting
15 authority with regard to the standards set forth in this
16 Section.
17 (h) The provisions of paragraph (c) shall not apply to a
18 defendant under the age of 21 years charged with violating a
19 serious traffic offense as defined in Section 1-187.001 of
20 the Illinois Vehicle Code:
21 (1) unless the defendant, upon payment of the
22 fines, penalties, and costs provided by law, agrees to
23 attend and successfully complete a traffic safety program
24 approved by the court under standards set by the
25 Conference of Chief Circuit Judges. The accused shall be
26 responsible for payment of any traffic safety program
27 fees. If the accused fails to file a certificate of
28 successful completion on or before the termination date
29 of the supervision order, the supervision shall be
30 summarily revoked and conviction entered. The provisions
31 of Supreme Court Rule 402 relating to pleas of guilty do
32 not apply in cases when a defendant enters a guilty plea
33 under this provision; or
34 (2) if the defendant has previously been sentenced
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1 under the provisions of paragraph (c) on or after January
2 1, 1998 for any serious traffic offense as defined in
3 Section 1-187.001 of the Illinois Vehicle Code.
4 (Source: P.A. 89-198, eff. 7-21-95; 89-210, eff. 8-2-95;
5 89-626, eff. 8-9-96; 89-637, eff. 1-1-97; 90-369, eff.
6 1-1-98.)