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Public Act 92-0340
HB2266 Enrolled LRB9206514ARsb
AN ACT concerning vehicles.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Section 6-303 as follows:
(625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
Sec. 6-303. Driving while driver's license, permit or
privilege to operate a motor vehicle is suspended or revoked.
(a) Any person who drives or is in actual physical
control of a motor vehicle on any highway of this State at a
time when such person's driver's license, permit or privilege
to do so or the privilege to obtain a driver's license or
permit is revoked or suspended as provided by this Code or
the law of another state, except as may be specifically
allowed by a judicial driving permit, family financial
responsibility driving permit, probationary license to drive,
or a restricted driving permit issued pursuant to this Code
or under the law of another state, shall be guilty of a Class
A misdemeanor.
(b) The Secretary of State upon receiving a report of
the conviction of any violation indicating a person was
operating a motor vehicle during the time when said person's
driver's license, permit or privilege was suspended by the
Secretary, by the appropriate authority of another state, or
pursuant to Section 11-501.1; except as may be specifically
allowed by a probationary license to drive, judicial driving
permit or restricted driving permit issued pursuant to this
Code or the law of another state; shall extend the suspension
for the same period of time as the originally imposed
suspension; however, if the period of suspension has then
expired, the Secretary shall be authorized to suspend said
person's driving privileges for the same period of time as
the originally imposed suspension; and if the conviction was
upon a charge which indicated that a vehicle was operated
during the time when the person's driver's license, permit or
privilege was revoked; except as may be allowed by a
restricted driving permit issued pursuant to this Code or the
law of another state; the Secretary shall not issue a
driver's license for an additional period of one year from
the date of such conviction indicating such person was
operating a vehicle during such period of revocation.
(c) Any person convicted of violating this Section shall
serve a minimum term of imprisonment of 10 7 consecutive days
or 30 days of community service when the person's driving
privilege was revoked or suspended as a result of:
(1) a violation of Section 11-501 of this Code or a
similar provision of a local ordinance relating to the
offense of operating or being in physical control of a
vehicle while under the influence of alcohol, any other
drug or any combination thereof; or
(2) a violation of paragraph (b) of Section 11-401
of this Code or a similar provision of a local ordinance
relating to the offense of leaving the scene of a motor
vehicle accident involving personal injury or death; or
(3) a violation of Section 9-3 of the Criminal Code
of 1961, as amended, relating to the offense of reckless
homicide; or
(4) a statutory summary suspension under Section
11-501.1 of this Code.
Such sentence of imprisonment or community service shall
not be subject to suspension in order to reduce such
sentence.
(c-1) Except as provided in subsection (d), any person
convicted of a second violation of this Section shall be
ordered by the court to serve a minimum of 100 hours of
community service.
(c-2) In addition to other penalties imposed under this
Section, the court may impose on any person convicted a
fourth time of violating this Section any of the following:
(1) Seizure of the license plates of the person's
vehicle.
(2) Immobilization of the person's vehicle for a
period of time to be determined by the court.
(d) Any person convicted of a second or subsequent
violation of this Section shall be guilty of a Class 4 felony
and shall serve a minimum term of imprisonment of 30 days or
300 hours of community service, as determined by the court,
if the original revocation or suspension was for a violation
of Section 11-401 or 11-501 of this Code, or a similar
out-of-state offense, or a similar provision of a local
ordinance, a violation of Section 9-3 of the Criminal Code of
1961, relating to the offense of reckless homicide, or a
similar out-of-state offense, or a statutory summary
suspension under Section 11-501.1 of this Code.
(d-1) Except as provided in subsection (d-2) and
subsection (d-3), any person convicted of a third or
subsequent violation of this Section shall serve a minimum
term of imprisonment of 30 days or 300 hours of community
service, as determined by the court.
(d-2) Any person convicted of a third violation of this
Section is guilty of a Class 4 felony and must serve a
minimum term of imprisonment of 30 days if the revocation or
suspension was for a violation of Section 11-401 or 11-501 of
this Code, or a similar out-of-state offense, or a similar
provision of a local ordinance, a violation of Section 9-3 of
the Criminal Code of 1961, relating to the offense of
reckless homicide, or a similar out-of-state offense, or a
statutory summary suspension under Section 11-501.1 of this
Code.
(d-3) Any person convicted of a fourth or subsequent
violation of this Section is guilty of a Class 4 felony and
must serve a minimum term of imprisonment of 180 days if the
revocation or suspension was for a violation of Section
11-401 or 11-501 of this Code, or a similar out-of-state
offense, or a similar provision of a local ordinance, a
violation of Section 9-3 of the Criminal Code of 1961,
relating to the offense of reckless homicide, or a similar
out-of-state offense, or a statutory summary suspension under
Section 11-501.1 of this Code.
(e) Any person in violation of this Section who is also
in violation of Section 7-601 of this Code relating to
mandatory insurance requirements, in addition to other
penalties imposed under this Section, shall have his or her
motor vehicle immediately impounded by the arresting law
enforcement officer. The motor vehicle may be released to
any licensed driver upon a showing of proof of insurance for
the vehicle that was impounded and the notarized written
consent for the release by the vehicle owner.
(f) For any prosecution under this Section, a certified
copy of the driving abstract of the defendant shall be
admitted as proof of any prior conviction.
(Source: P.A. 90-400, eff. 8-15-97; 90-738, eff. 1-1-99;
91-692, eff. 4-13-00.)
Section 10. The Unified Code of Corrections is amended
by changing Sections 5-5-3 and 5-6-3 as follows:
(730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
Sec. 5-5-3. Disposition.
(a) Every person convicted of an offense shall be
sentenced as provided in this Section.
(b) The following options shall be appropriate
dispositions, alone or in combination, for all felonies and
misdemeanors other than those identified in subsection (c) of
this Section:
(1) A period of probation.
(2) A term of periodic imprisonment.
(3) A term of conditional discharge.
(4) A term of imprisonment.
(5) An order directing the offender to clean up and
repair the damage, if the offender was convicted under
paragraph (h) of Section 21-1 of the Criminal Code of
1961.
(6) A fine.
(7) An order directing the offender to make
restitution to the victim under Section 5-5-6 of this
Code.
(8) A sentence of participation in a county impact
incarceration program under Section 5-8-1.2 of this Code.
Whenever an individual is sentenced for an offense based
upon an arrest for a violation of Section 11-501 of the
Illinois Vehicle Code, or a similar provision of a local
ordinance, and the professional evaluation recommends
remedial or rehabilitative treatment or education, neither
the treatment nor the education shall be the sole disposition
and either or both may be imposed only in conjunction with
another disposition. The court shall monitor compliance with
any remedial education or treatment recommendations contained
in the professional evaluation. Programs conducting alcohol
or other drug evaluation or remedial education must be
licensed by the Department of Human Services. However, if
the individual is not a resident of Illinois, the court may
accept an alcohol or other drug evaluation or remedial
education program in the state of such individual's
residence. Programs providing treatment must be licensed
under existing applicable alcoholism and drug treatment
licensure standards.
In addition to any other fine or penalty required by law,
any individual convicted of a violation of Section 11-501 of
the Illinois Vehicle Code or a similar provision of local
ordinance, whose operation of a motor vehicle while in
violation of Section 11-501 or such ordinance proximately
caused an incident resulting in an appropriate emergency
response, shall be required to make restitution to a public
agency for the costs of that emergency response. Such
restitution shall not exceed $500 per public agency for each
such emergency response. For the purpose of this paragraph,
emergency response shall mean any incident requiring a
response by: a police officer as defined under Section 1-162
of the Illinois Vehicle Code; a fireman carried on the rolls
of a regularly constituted fire department; and an ambulance
as defined under Section 4.05 of the Emergency Medical
Services (EMS) Systems Act.
Neither a fine nor restitution shall be the sole
disposition for a felony and either or both may be imposed
only in conjunction with another disposition.
(c) (1) When a defendant is found guilty of first degree
murder the State may either seek a sentence of
imprisonment under Section 5-8-1 of this Code, or where
appropriate seek a sentence of death under Section 9-1 of
the Criminal Code of 1961.
(2) A period of probation, a term of periodic
imprisonment or conditional discharge shall not be
imposed for the following offenses. The court shall
sentence the offender to not less than the minimum term
of imprisonment set forth in this Code for the following
offenses, and may order a fine or restitution or both in
conjunction with such term of imprisonment:
(A) First degree murder where the death
penalty is not imposed.
(B) Attempted first degree murder.
(C) A Class X felony.
(D) A violation of Section 401.1 or 407 of the
Illinois Controlled Substances Act, or a violation
of subdivision (c)(2) of Section 401 of that Act
which relates to more than 5 grams of a substance
containing cocaine or an analog thereof.
(E) A violation of Section 5.1 or 9 of the
Cannabis Control Act.
(F) A Class 2 or greater felony if the
offender had been convicted of a Class 2 or greater
felony within 10 years of the date on which the
offender committed the offense for which he or she
is being sentenced, except as otherwise provided in
Section 40-10 of the Alcoholism and Other Drug Abuse
and Dependency Act.
(G) Residential burglary, except as otherwise
provided in Section 40-10 of the Alcoholism and
Other Drug Abuse and Dependency Act.
(H) Criminal sexual assault, except as
otherwise provided in subsection (e) of this
Section.
(I) Aggravated battery of a senior citizen.
(J) A forcible felony if the offense was
related to the activities of an organized gang.
Before July 1, 1994, for the purposes of this
paragraph, "organized gang" means an association of
5 or more persons, with an established hierarchy,
that encourages members of the association to
perpetrate crimes or provides support to the members
of the association who do commit crimes.
Beginning July 1, 1994, for the purposes of
this paragraph, "organized gang" has the meaning
ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(K) Vehicular hijacking.
(L) A second or subsequent conviction for the
offense of hate crime when the underlying offense
upon which the hate crime is based is felony
aggravated assault or felony mob action.
(M) A second or subsequent conviction for the
offense of institutional vandalism if the damage to
the property exceeds $300.
(N) A Class 3 felony violation of paragraph
(1) of subsection (a) of Section 2 of the Firearm
Owners Identification Card Act.
(O) A violation of Section 12-6.1 of the
Criminal Code of 1961.
(P) A violation of paragraph (1), (2), (3),
(4), (5), or (7) of subsection (a) of Section
11-20.1 of the Criminal Code of 1961.
(Q) A violation of Section 20-1.2 of the
Criminal Code of 1961.
(R) A violation of Section 24-3A of the
Criminal Code of 1961.
(3) A minimum term of imprisonment of not less than
48 consecutive hours or 100 hours of community service as
may be determined by the court shall be imposed for a
second or subsequent violation committed within 5 years
of a previous violation of Section 11-501 of the Illinois
Vehicle Code or a similar provision of a local ordinance.
(4) A minimum term of imprisonment of not less than
10 7 consecutive days or 30 days of community service
shall be imposed for a violation of paragraph (c) of
Section 6-303 of the Illinois Vehicle Code.
(4.1) A minimum term of 30 consecutive days of
imprisonment, 40 days of 24 hour periodic imprisonment or
720 hours of community service, as may be determined by
the court, shall be imposed for a violation of Section
11-501 of the Illinois Vehicle Code during a period in
which the defendant's driving privileges are revoked or
suspended, where the revocation or suspension was for a
violation of Section 11-501 or Section 11-501.1 of that
Code.
(4.2) Except as provided in paragraph (4.3) of this
subsection (c), a minimum of 100 hours of community
service shall be imposed for a second violation of
Section 6-303 of the Illinois Vehicle Code.
(4.3) A minimum term of imprisonment of 30 days or
300 hours of community service, as determined by the
court, shall be imposed for a second violation of
subsection (c) of Section 6-303 of the Illinois Vehicle
Code.
(4.4) Except as provided in paragraph (4.5) and
paragraph (4.6) of this subsection (c), a minimum term of
imprisonment of 30 days or 300 hours of community
service, as determined by the court, shall be imposed for
a third or subsequent violation of Section 6-303 of the
Illinois Vehicle Code.
(4.5) A minimum term of imprisonment of 30 days
shall be imposed for a third violation of subsection (c)
of Section 6-303 of the Illinois Vehicle Code.
(4.6) A minimum term of imprisonment of 180 days
shall be imposed for a fourth or subsequent violation of
subsection (c) of Section 6-303 of the Illinois Vehicle
Code.
(5) The court may sentence an offender convicted of
a business offense or a petty offense or a corporation or
unincorporated association convicted of any offense to:
(A) a period of conditional discharge;
(B) a fine;
(C) make restitution to the victim under
Section 5-5-6 of this Code.
(6) In no case shall an offender be eligible for a
disposition of probation or conditional discharge for a
Class 1 felony committed while he was serving a term of
probation or conditional discharge for a felony.
(7) When a defendant is adjudged a habitual
criminal under Article 33B of the Criminal Code of 1961,
the court shall sentence the defendant to a term of
natural life imprisonment.
(8) When a defendant, over the age of 21 years, is
convicted of a Class 1 or Class 2 felony, after having
twice been convicted of any Class 2 or greater Class
felonies in Illinois, and such charges are separately
brought and tried and arise out of different series of
acts, such defendant shall be sentenced as a Class X
offender. This paragraph shall not apply unless (1) the
first felony was committed after the effective date of
this amendatory Act of 1977; and (2) the second felony
was committed after conviction on the first; and (3) the
third felony was committed after conviction on the
second.
(9) A defendant convicted of a second or subsequent
offense of ritualized abuse of a child may be sentenced
to a term of natural life imprisonment.
(d) In any case in which a sentence originally imposed
is vacated, the case shall be remanded to the trial court.
The trial court shall hold a hearing under Section 5-4-1 of
the Unified Code of Corrections which may include evidence of
the defendant's life, moral character and occupation during
the time since the original sentence was passed. The trial
court shall then impose sentence upon the defendant. The
trial court may impose any sentence which could have been
imposed at the original trial subject to Section 5-5-4 of the
Unified Code of Corrections.
(e) In cases where prosecution for criminal sexual
assault or aggravated criminal sexual abuse under Section
12-13 or 12-16 of the Criminal Code of 1961 results in
conviction of a defendant who was a family member of the
victim at the time of the commission of the offense, the
court shall consider the safety and welfare of the victim and
may impose a sentence of probation only where:
(1) the court finds (A) or (B) or both are
appropriate:
(A) the defendant is willing to undergo a
court approved counseling program for a minimum
duration of 2 years; or
(B) the defendant is willing to participate in
a court approved plan including but not limited to
the defendant's:
(i) removal from the household;
(ii) restricted contact with the victim;
(iii) continued financial support of the
family;
(iv) restitution for harm done to the
victim; and
(v) compliance with any other measures
that the court may deem appropriate; and
(2) the court orders the defendant to pay for the
victim's counseling services, to the extent that the
court finds, after considering the defendant's income and
assets, that the defendant is financially capable of
paying for such services, if the victim was under 18
years of age at the time the offense was committed and
requires counseling as a result of the offense.
Probation may be revoked or modified pursuant to Section
5-6-4; except where the court determines at the hearing that
the defendant violated a condition of his or her probation
restricting contact with the victim or other family members
or commits another offense with the victim or other family
members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
For the purposes of this Section, "family member" and
"victim" shall have the meanings ascribed to them in Section
12-12 of the Criminal Code of 1961.
(f) This Article shall not deprive a court in other
proceedings to order a forfeiture of property, to suspend or
cancel a license, to remove a person from office, or to
impose any other civil penalty.
(g) Whenever a defendant is convicted of an offense
under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
12-15 or 12-16 of the Criminal Code of 1961, the defendant
shall undergo medical testing to determine whether the
defendant has any sexually transmissible disease, including a
test for infection with human immunodeficiency virus (HIV) or
any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Any such medical test
shall be performed only by appropriately licensed medical
practitioners and may include an analysis of any bodily
fluids as well as an examination of the defendant's person.
Except as otherwise provided by law, the results of such test
shall be kept strictly confidential by all medical personnel
involved in the testing and must be personally delivered in a
sealed envelope to the judge of the court in which the
conviction was entered for the judge's inspection in camera.
Acting in accordance with the best interests of the victim
and the public, the judge shall have the discretion to
determine to whom, if anyone, the results of the testing may
be revealed. The court shall notify the defendant of the test
results. The court shall also notify the victim if requested
by the victim, and if the victim is under the age of 15 and
if requested by the victim's parents or legal guardian, the
court shall notify the victim's parents or legal guardian of
the test results. The court shall provide information on the
availability of HIV testing and counseling at Department of
Public Health facilities to all parties to whom the results
of the testing are revealed and shall direct the State's
Attorney to provide the information to the victim when
possible. A State's Attorney may petition the court to obtain
the results of any HIV test administered under this Section,
and the court shall grant the disclosure if the State's
Attorney shows it is relevant in order to prosecute a charge
of criminal transmission of HIV under Section 12-16.2 of the
Criminal Code of 1961 against the defendant. The court shall
order that the cost of any such test shall be paid by the
county and may be taxed as costs against the convicted
defendant.
(g-5) When an inmate is tested for an airborne
communicable disease, as determined by the Illinois
Department of Public Health including but not limited to
tuberculosis, the results of the test shall be personally
delivered by the warden or his or her designee in a sealed
envelope to the judge of the court in which the inmate must
appear for the judge's inspection in camera if requested by
the judge. Acting in accordance with the best interests of
those in the courtroom, the judge shall have the discretion
to determine what if any precautions need to be taken to
prevent transmission of the disease in the courtroom.
(h) Whenever a defendant is convicted of an offense
under Section 1 or 2 of the Hypodermic Syringes and Needles
Act, the defendant shall undergo medical testing to determine
whether the defendant has been exposed to human
immunodeficiency virus (HIV) or any other identified
causative agent of acquired immunodeficiency syndrome (AIDS).
Except as otherwise provided by law, the results of such test
shall be kept strictly confidential by all medical personnel
involved in the testing and must be personally delivered in a
sealed envelope to the judge of the court in which the
conviction was entered for the judge's inspection in camera.
Acting in accordance with the best interests of the public,
the judge shall have the discretion to determine to whom, if
anyone, the results of the testing may be revealed. The court
shall notify the defendant of a positive test showing an
infection with the human immunodeficiency virus (HIV). The
court shall provide information on the availability of HIV
testing and counseling at Department of Public Health
facilities to all parties to whom the results of the testing
are revealed and shall direct the State's Attorney to provide
the information to the victim when possible. A State's
Attorney may petition the court to obtain the results of any
HIV test administered under this Section, and the court
shall grant the disclosure if the State's Attorney shows it
is relevant in order to prosecute a charge of criminal
transmission of HIV under Section 12-16.2 of the Criminal
Code of 1961 against the defendant. The court shall order
that the cost of any such test shall be paid by the county
and may be taxed as costs against the convicted defendant.
(i) All fines and penalties imposed under this Section
for any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance,
and any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected
and disbursed by the circuit clerk as provided under Section
27.5 of the Clerks of Courts Act.
(j) In cases when prosecution for any violation of
Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the Criminal Code of 1961, any violation of the
Illinois Controlled Substances Act, or any violation of the
Cannabis Control Act results in conviction, a disposition of
court supervision, or an order of probation granted under
Section 10 of the Cannabis Control Act or Section 410 of the
Illinois Controlled Substance Act of a defendant, the court
shall determine whether the defendant is employed by a
facility or center as defined under the Child Care Act of
1969, a public or private elementary or secondary school, or
otherwise works with children under 18 years of age on a
daily basis. When a defendant is so employed, the court
shall order the Clerk of the Court to send a copy of the
judgment of conviction or order of supervision or probation
to the defendant's employer by certified mail. If the
employer of the defendant is a school, the Clerk of the Court
shall direct the mailing of a copy of the judgment of
conviction or order of supervision or probation to the
appropriate regional superintendent of schools. The regional
superintendent of schools shall notify the State Board of
Education of any notification under this subsection.
(j-5) A defendant at least 17 years of age who is
convicted of a felony and who has not been previously
convicted of a misdemeanor or felony and who is sentenced to
a term of imprisonment in the Illinois Department of
Corrections shall as a condition of his or her sentence be
required by the court to attend educational courses designed
to prepare the defendant for a high school diploma and to
work toward a high school diploma or to work toward passing
the high school level Test of General Educational Development
(GED) or to work toward completing a vocational training
program offered by the Department of Corrections. If a
defendant fails to complete the educational training required
by his or her sentence during the term of incarceration, the
Prisoner Review Board shall, as a condition of mandatory
supervised release, require the defendant, at his or her own
expense, to pursue a course of study toward a high school
diploma or passage of the GED test. The Prisoner Review
Board shall revoke the mandatory supervised release of a
defendant who wilfully fails to comply with this subsection
(j-5) upon his or her release from confinement in a penal
institution while serving a mandatory supervised release
term; however, the inability of the defendant after making a
good faith effort to obtain financial aid or pay for the
educational training shall not be deemed a wilful failure to
comply. The Prisoner Review Board shall recommit the
defendant whose mandatory supervised release term has been
revoked under this subsection (j-5) as provided in Section
3-3-9. This subsection (j-5) does not apply to a defendant
who has a high school diploma or has successfully passed the
GED test. This subsection (j-5) does not apply to a defendant
who is determined by the court to be developmentally disabled
or otherwise mentally incapable of completing the educational
or vocational program.
(k) A court may not impose a sentence or disposition for
a felony or misdemeanor that requires the defendant to be
implanted or injected with or to use any form of birth
control.
(l) (A) Except as provided in paragraph (C) of
subsection (l), whenever a defendant, who is an alien as
defined by the Immigration and Nationality Act, is
convicted of any felony or misdemeanor offense, the court
after sentencing the defendant may, upon motion of the
State's Attorney, hold sentence in abeyance and remand
the defendant to the custody of the Attorney General of
the United States or his or her designated agent to be
deported when:
(1) a final order of deportation has been
issued against the defendant pursuant to proceedings
under the Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct
and would not be inconsistent with the ends of
justice.
Otherwise, the defendant shall be sentenced as
provided in this Chapter V.
(B) If the defendant has already been sentenced for
a felony or misdemeanor offense, or has been placed on
probation under Section 10 of the Cannabis Control Act or
Section 410 of the Illinois Controlled Substances Act,
the court may, upon motion of the State's Attorney to
suspend the sentence imposed, commit the defendant to the
custody of the Attorney General of the United States or
his or her designated agent when:
(1) a final order of deportation has been
issued against the defendant pursuant to proceedings
under the Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct
and would not be inconsistent with the ends of
justice.
(C) This subsection (l) does not apply to offenders
who are subject to the provisions of paragraph (2) of
subsection (a) of Section 3-6-3.
(D) Upon motion of the State's Attorney, if a
defendant sentenced under this Section returns to the
jurisdiction of the United States, the defendant shall be
recommitted to the custody of the county from which he or
she was sentenced. Thereafter, the defendant shall be
brought before the sentencing court, which may impose any
sentence that was available under Section 5-5-3 at the
time of initial sentencing. In addition, the defendant
shall not be eligible for additional good conduct credit
for meritorious service as provided under Section 3-6-6.
(m) A person convicted of criminal defacement of
property under Section 21-1.3 of the Criminal Code of 1961,
in which the property damage exceeds $300 and the property
damaged is a school building, shall be ordered to perform
community service that may include cleanup, removal, or
painting over the defacement.
(Source: P.A. 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680,
eff. 1-1-99; 90-685, eff. 1-1-99; 90-787, eff. 8-14-98;
91-357, eff. 7-29-99; 91-404, eff. 1-1-00; 91-663, eff.
12-22-99; 91-695, eff. 4-13-00.)
(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
Sec. 5-6-3. Conditions of Probation and of Conditional
Discharge.
(a) The conditions of probation and of conditional
discharge shall be that the person:
(1) not violate any criminal statute of any
jurisdiction;
(2) report to or appear in person before such
person or agency as directed by the court;
(3) refrain from possessing a firearm or other
dangerous weapon;
(4) not leave the State without the consent of the
court or, in circumstances in which the reason for the
absence is of such an emergency nature that prior consent
by the court is not possible, without the prior
notification and approval of the person's probation
officer;
(5) permit the probation officer to visit him at
his home or elsewhere to the extent necessary to
discharge his duties;
(6) perform no less than 30 hours of community
service and not more than 120 hours of community service,
if community service is available in the jurisdiction and
is funded and approved by the county board where the
offense was committed, where the offense was related to
or in furtherance of the criminal activities of an
organized gang and was motivated by the offender's
membership in or allegiance to an organized gang. The
community service shall include, but not be limited to,
the cleanup and repair of any damage caused by a
violation of Section 21-1.3 of the Criminal Code of 1961
and similar damage to property located within the
municipality or county in which the violation occurred.
When possible and reasonable, the community service
should be performed in the offender's neighborhood. For
purposes of this Section, "organized gang" has the
meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act;
(7) if he or she is at least 17 years of age and
has been sentenced to probation or conditional discharge
for a misdemeanor or felony in a county of 3,000,000 or
more inhabitants and has not been previously convicted of
a misdemeanor or felony, may be required by the
sentencing court to attend educational courses designed
to prepare the defendant for a high school diploma and to
work toward a high school diploma or to work toward
passing the high school level Test of General Educational
Development (GED) or to work toward completing a
vocational training program approved by the court. The
person on probation or conditional discharge must attend
a public institution of education to obtain the
educational or vocational training required by this
clause (7). The court shall revoke the probation or
conditional discharge of a person who wilfully fails to
comply with this clause (7). The person on probation or
conditional discharge shall be required to pay for the
cost of the educational courses or GED test, if a fee is
charged for those courses or test. The court shall
resentence the offender whose probation or conditional
discharge has been revoked as provided in Section 5-6-4.
This clause (7) does not apply to a person who has a high
school diploma or has successfully passed the GED test.
This clause (7) does not apply to a person who is
determined by the court to be developmentally disabled or
otherwise mentally incapable of completing the
educational or vocational program; and
(8) if convicted of possession of a substance
prohibited by the Cannabis Control Act or Illinois
Controlled Substances Act after a previous conviction or
disposition of supervision for possession of a substance
prohibited by the Cannabis Control Act or Illinois
Controlled Substances Act or after a sentence of
probation under Section 10 of the Cannabis Control Act or
Section 410 of the Illinois Controlled Substances Act and
upon a finding by the court that the person is addicted,
undergo treatment at a substance abuse program approved
by the court.
(b) The Court may in addition to other reasonable
conditions relating to the nature of the offense or the
rehabilitation of the defendant as determined for each
defendant in the proper discretion of the Court require that
the person:
(1) serve a term of periodic imprisonment under
Article 7 for a period not to exceed that specified in
paragraph (d) of Section 5-7-1;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical, psychological or psychiatric
treatment; or treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for
the instruction or residence of defendants on probation;
(6) support his dependents;
(7) and in addition, if a minor:
(i) reside with his parents or in a foster
home;
(ii) attend school;
(iii) attend a non-residential program for
youth;
(iv) contribute to his own support at home or
in a foster home;
(8) make restitution as provided in Section 5-5-6
of this Code;
(9) perform some reasonable public or community
service;
(10) serve a term of home confinement. In addition
to any other applicable condition of probation or
conditional discharge, the conditions of home confinement
shall be that the offender:
(i) remain within the interior premises of the
place designated for his confinement during the
hours designated by the court;
(ii) admit any person or agent designated by
the court into the offender's place of confinement
at any time for purposes of verifying the offender's
compliance with the conditions of his confinement;
and
(iii) if further deemed necessary by the court
or the Probation or Court Services Department, be
placed on an approved electronic monitoring device,
subject to Article 8A of Chapter V;
(iv) for persons convicted of any alcohol,
cannabis or controlled substance violation who are
placed on an approved monitoring device as a
condition of probation or conditional discharge, the
court shall impose a reasonable fee for each day of
the use of the device, as established by the county
board in subsection (g) of this Section, unless
after determining the inability of the offender to
pay the fee, the court assesses a lesser fee or no
fee as the case may be. This fee shall be imposed in
addition to the fees imposed under subsections (g)
and (i) of this Section. The fee shall be collected
by the clerk of the circuit court. The clerk of the
circuit court shall pay all monies collected from
this fee to the county treasurer for deposit in the
substance abuse services fund under Section 5-1086.1
of the Counties Code; and
(v) for persons convicted of offenses other
than those referenced in clause (iv) above and who
are placed on an approved monitoring device as a
condition of probation or conditional discharge, the
court shall impose a reasonable fee for each day of
the use of the device, as established by the county
board in subsection (g) of this Section, unless
after determining the inability of the defendant to
pay the fee, the court assesses a lesser fee or no
fee as the case may be. This fee shall be imposed
in addition to the fees imposed under subsections
(g) and (i) of this Section. The fee shall be
collected by the clerk of the circuit court. The
clerk of the circuit court shall pay all monies
collected from this fee to the county treasurer who
shall use the monies collected to defray the costs
of corrections. The county treasurer shall deposit
the fee collected in the county working cash fund
under Section 6-27001 or Section 6-29002 of the
Counties Code, as the case may be.
(11) comply with the terms and conditions of an
order of protection issued by the court pursuant to the
Illinois Domestic Violence Act of 1986, as now or
hereafter amended, or an order of protection issued by
the court of another state, tribe, or United States
territory. A copy of the order of protection shall be
transmitted to the probation officer or agency having
responsibility for the case;
(12) reimburse any "local anti-crime program" as
defined in Section 7 of the Anti-Crime Advisory Council
Act for any reasonable expenses incurred by the program
on the offender's case, not to exceed the maximum amount
of the fine authorized for the offense for which the
defendant was sentenced;
(13) contribute a reasonable sum of money, not to
exceed the maximum amount of the fine authorized for the
offense for which the defendant was sentenced, to a
"local anti-crime program", as defined in Section 7 of
the Anti-Crime Advisory Council Act;
(14) refrain from entering into a designated
geographic area except upon such terms as the court finds
appropriate. Such terms may include consideration of the
purpose of the entry, the time of day, other persons
accompanying the defendant, and advance approval by a
probation officer, if the defendant has been placed on
probation or advance approval by the court, if the
defendant was placed on conditional discharge;
(15) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of persons, including but not limited to members of
street gangs and drug users or dealers;
(16) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act or the Illinois Controlled Substances Act,
unless prescribed by a physician, and submit samples of
his or her blood or urine or both for tests to determine
the presence of any illicit drug.
(c) The court may as a condition of probation or of
conditional discharge require that a person under 18 years of
age found guilty of any alcohol, cannabis or controlled
substance violation, refrain from acquiring a driver's
license during the period of probation or conditional
discharge. If such person is in possession of a permit or
license, the court may require that the minor refrain from
driving or operating any motor vehicle during the period of
probation or conditional discharge, except as may be
necessary in the course of the minor's lawful employment.
(d) An offender sentenced to probation or to conditional
discharge shall be given a certificate setting forth the
conditions thereof.
(e) Except where the offender has committed a fourth or
subsequent violation of subsection (c) of Section 6-303 of
the Illinois Vehicle Code, the court shall not require as a
condition of the sentence of probation or conditional
discharge that the offender be committed to a period of
imprisonment in excess of 6 months. This 6 month limit shall
not include periods of confinement given pursuant to a
sentence of county impact incarceration under Section
5-8-1.2.
Persons committed to imprisonment as a condition of
probation or conditional discharge shall not be committed to
the Department of Corrections.
(f) The court may combine a sentence of periodic
imprisonment under Article 7 or a sentence to a county impact
incarceration program under Article 8 with a sentence of
probation or conditional discharge.
(g) An offender sentenced to probation or to conditional
discharge and who during the term of either undergoes
mandatory drug or alcohol testing, or both, or is assigned to
be placed on an approved electronic monitoring device, shall
be ordered to pay all costs incidental to such mandatory drug
or alcohol testing, or both, and all costs incidental to such
approved electronic monitoring in accordance with the
defendant's ability to pay those costs. The county board
with the concurrence of the Chief Judge of the judicial
circuit in which the county is located shall establish
reasonable fees for the cost of maintenance, testing, and
incidental expenses related to the mandatory drug or alcohol
testing, or both, and all costs incidental to approved
electronic monitoring, involved in a successful probation
program for the county. The concurrence of the Chief Judge
shall be in the form of an administrative order. The fees
shall be collected by the clerk of the circuit court. The
clerk of the circuit court shall pay all moneys collected
from these fees to the county treasurer who shall use the
moneys collected to defray the costs of drug testing, alcohol
testing, and electronic monitoring. The county treasurer
shall deposit the fees collected in the county working cash
fund under Section 6-27001 or Section 6-29002 of the Counties
Code, as the case may be.
(h) Jurisdiction over an offender may be transferred
from the sentencing court to the court of another circuit
with the concurrence of both courts, or to another state
under an Interstate Probation Reciprocal Agreement as
provided in Section 3-3-11. Further transfers or retransfers
of jurisdiction are also authorized in the same manner. The
court to which jurisdiction has been transferred shall have
the same powers as the sentencing court.
(i) The court shall impose upon an offender sentenced to
probation after January 1, 1989 or to conditional discharge
after January 1, 1992, as a condition of such probation or
conditional discharge, a fee of $25 for each month of
probation or conditional discharge supervision ordered by the
court, unless after determining the inability of the person
sentenced to probation or conditional discharge to pay the
fee, the court assesses a lesser fee. The court may not
impose the fee on a minor who is made a ward of the State
under the Juvenile Court Act of 1987 while the minor is in
placement. The fee shall be imposed only upon an offender who
is actively supervised by the probation and court services
department. The fee shall be collected by the clerk of the
circuit court. The clerk of the circuit court shall pay all
monies collected from this fee to the county treasurer for
deposit in the probation and court services fund under
Section 15.1 of the Probation and Probation Officers Act.
(j) All fines and costs imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance,
and any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected
and disbursed by the circuit clerk as provided under Section
27.5 of the Clerks of Courts Act.
(Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98;
90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 91-325, eff.
7-29-99; 91-696, eff. 4-13-00; 91-903, eff. 1-1-01.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 18, 2001.
Approved August 10, 2001.
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