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| Public Act 093-0800 |
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AN ACT in relation to driving offenses.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing
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Section 11-501 as follows:
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(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
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Sec. 11-501. Driving while under the influence of alcohol, | ||||
other drug or
drugs, intoxicating compound or compounds or any | ||||
combination thereof.
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(a) A person shall not drive or be in actual
physical | ||||
control of any vehicle within this State while:
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(1) the alcohol concentration in the person's blood or | ||||
breath is 0.08
or more based on the definition of blood and | ||||
breath units in Section 11-501.2;
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(2) under the influence of alcohol;
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(3) under the influence of any intoxicating compound or | ||||
combination of
intoxicating compounds to a degree that | ||||
renders the person incapable of
driving safely;
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(4) under the influence of any other drug or | ||||
combination of drugs to a
degree that renders the person | ||||
incapable of safely driving;
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(5) under the combined influence of alcohol, other drug | ||||
or drugs, or
intoxicating compound or compounds to a degree | ||||
that renders the person
incapable of safely driving; or
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(6) there is any amount of a drug, substance, or | ||||
compound in the
person's breath, blood, or urine resulting | ||||
from the unlawful use or consumption
of cannabis listed in | ||||
the Cannabis Control Act, a controlled substance listed
in | ||||
the Illinois Controlled Substances Act, or an intoxicating | ||||
compound listed
in the Use of Intoxicating Compounds Act.
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(b) The fact that any person charged with violating this | ||||
Section is or
has been legally entitled to use alcohol, other | ||||
drug or drugs, or
intoxicating compound or compounds, or any
| ||
combination thereof, shall not constitute a defense against any | ||
charge of
violating this Section.
| ||
(b-1) With regard to penalties imposed under this Section:
| ||
(1) Any reference to a prior violation of subsection | ||
(a) or a similar
provision includes any violation of a | ||
provision of a local ordinance or a
provision of a law of | ||
another state that is similar to a violation of
subsection | ||
(a) of this Section.
| ||
(2) Any penalty imposed for driving with a license that | ||
has been revoked
for a previous violation of subsection (a) | ||
of this Section shall be in
addition to the penalty imposed | ||
for any subsequent violation of subsection (a).
| ||
(b-2) Except as otherwise provided in this Section, any | ||
person convicted of
violating subsection (a) of this Section is | ||
guilty of a Class A misdemeanor.
| ||
(b-3) In addition to any other criminal or administrative | ||
sanction for any
second conviction of violating subsection (a) | ||
or a similar provision committed
within 5 years of a previous | ||
violation of subsection (a) or a similar
provision, the | ||
defendant shall be sentenced to a mandatory minimum of 5 days | ||
of
imprisonment or assigned a mandatory minimum of 240 hours of | ||
community service
as may be determined by the court.
| ||
(b-4) In the case of a third or subsequent violation | ||
committed within 5
years of a previous violation of subsection | ||
(a) or a similar provision, in
addition to any other criminal | ||
or administrative sanction, a mandatory minimum
term of either | ||
10 days of imprisonment or 480 hours of community service shall
| ||
be imposed.
| ||
(b-5) The imprisonment or assignment of community service | ||
under subsections
(b-3) and (b-4) shall not be subject to | ||
suspension, nor shall the person be
eligible for a reduced | ||
sentence.
| ||
(c) (Blank).
Except as provided under paragraphs (c-3), | ||
(c-4), and (d)
of this Section,
every person convicted of | ||
violating this Section or a similar provision of a
local | ||
ordinance, shall be guilty of a Class A misdemeanor and, in | ||
addition to
any other criminal or administrative action, for | ||
any second conviction of
violating this Section or a similar | ||
provision of a law of another state or
local ordinance | ||
committed within 5 years of a previous violation of this
| ||
Section or a similar provision of a local ordinance shall be | ||
mandatorily
sentenced to a minimum of 5 days of imprisonment or | ||
assigned to a
minimum of 30 days of community service as may be | ||
determined by the court.
Every person convicted of violating | ||
this Section or a similar provision of a
local ordinance shall | ||
be subject to an additional mandatory minimum fine of
$500 and | ||
an additional
mandatory 5 days of community service in a | ||
program benefiting children if the
person committed a violation | ||
of paragraph (a) or a similar provision of a local
ordinance | ||
while transporting a person under age 16. Every person
| ||
convicted a second time for violating this Section or a similar | ||
provision of a
local ordinance within 5 years of a previous | ||
violation of this Section or a
similar provision of a law of | ||
another state or local ordinance shall be subject
to an | ||
additional mandatory minimum
fine of $500 and an additional 10 | ||
days of mandatory community service in a
program benefiting
| ||
children if the current offense was committed while | ||
transporting a person
under age 16. The imprisonment or | ||
assignment under this subsection
shall not be subject to | ||
suspension nor shall the person be eligible for
probation in | ||
order to reduce the sentence or assignment.
| ||
(c-1) (1) A person who violates subsection (a)
this Section
| ||
during
a period in which his
or her driving privileges are | ||
revoked or suspended, where the revocation or
suspension | ||
was for a violation of subsection (a)
this Section, Section
| ||
11-501.1, paragraph (b)
of Section 11-401, or for reckless | ||
homicide as defined in Section 9-3 of
the Criminal Code of | ||
1961 is guilty of a
Class 4 felony.
| ||
(2) A person who violates subsection (a)
this Section a | ||
third
time, if the third violation occurs during a period | ||
in
which his or her driving privileges are revoked or | ||
suspended where the
revocation
or suspension was for a | ||
violation of subsection (a)
this Section,
Section | ||
11-501.1, paragraph
(b) of Section 11-401, or for reckless | ||
homicide as defined in Section 9-3
of the Criminal Code of | ||
1961, is guilty of
a Class 3 felony.
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(2.1) A person who violates subsection (a) a third | ||
time, if the third
violation occurs during a period in | ||
which his or her driving privileges are
revoked or | ||
suspended where the revocation or suspension was for a | ||
violation of
subsection (a), Section 11-501.1, subsection | ||
(b) of Section 11-401, or for
reckless homicide as defined | ||
in Section
9-3 of the Criminal Code of 1961, is guilty of a | ||
Class 3 felony; and if the
person receives a term of
| ||
probation or conditional discharge, he or she shall be | ||
required to serve a
mandatory
minimum of 10 days of | ||
imprisonment or shall be assigned a mandatory minimum of
| ||
480 hours of community service, as may be determined by the | ||
court, as a
condition of the probation or conditional | ||
discharge. This mandatory minimum
term of imprisonment or | ||
assignment of community service shall not be suspended
or | ||
reduced by the court.
| ||
(2.2) A person who violates subsection (a), if the
| ||
violation occurs during a period in which his or her | ||
driving privileges are
revoked or suspended where the | ||
revocation or suspension was for a violation of
subsection | ||
(a) or Section 11-501.1, shall also be sentenced to an | ||
additional
mandatory 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. This mandatory term of imprisonment or assignment of
| ||
community service shall not be suspended or reduced by the | ||
court.
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(3) A person who violates subsection (a)
this Section a | ||
fourth or
subsequent time, if the fourth or subsequent | ||
violation occurs
during a period in which his
or her | ||
driving privileges are revoked or suspended where the | ||
revocation
or suspension was for a violation of subsection | ||
(a)
this Section,
Section 11-501.1, paragraph
(b) of | ||
Section 11-401, or for reckless homicide as defined in
| ||
Section 9-3
of
the Criminal Code of 1961, is guilty of
a | ||
Class 2 felony and is not eligible for a sentence of | ||
probation or
conditional discharge.
| ||
(c-2) (Blank).
| ||
(c-3) (Blank).
Every person convicted of violating this | ||
Section or a
similar
provision of a local ordinance who had a | ||
child under age 16 in the vehicle at
the time of the offense | ||
shall have his or her punishment under this Act
enhanced by 2 | ||
days of imprisonment for a first offense, 10 days of | ||
imprisonment
for a second offense, 30 days of imprisonment for | ||
a third offense, and 90 days
of imprisonment for a fourth or | ||
subsequent offense, in addition to the fine and
community | ||
service required under subsection (c) and the possible | ||
imprisonment
required under subsection (d). The imprisonment | ||
or assignment under this
subsection shall not be subject to | ||
suspension nor shall the person be eligible
for probation in | ||
order to reduce the sentence or assignment.
| ||
(c-4) (Blank).
When a person is convicted of violating | ||
Section 11-501
of this
Code or a similar provision of a local | ||
ordinance, the following penalties apply
when his or her blood, | ||
breath, or urine was
.16 or more based on the definition of | ||
blood, breath, or urine units in Section
11-501.2 or when that | ||
person is convicted of violating this Section while
| ||
transporting a child under the age of 16:
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(1) A person who is convicted of violating subsection | ||
(a) of Section
11-501 of this
Code a
first time, in | ||
addition to any other penalty that may be imposed under
| ||
subsection (c), is subject to
a mandatory minimum of
100 | ||
hours
of community service
and
a minimum fine of $500.
| ||
(2) A person who is convicted of violating subsection | ||
(a) of Section
11-501 of this
Code a
second time within 10 | ||
years, in addition to any other penalty
that may be imposed | ||
under subsection (c), is subject to
a mandatory minimum of | ||
2 days of imprisonment
and
a minimum fine of $1,250.
| ||
(3) A person who is convicted of violating subsection | ||
(a) of Section
11-501 of this
Code a third time within 20 | ||
years is guilty of a Class 4 felony and, in
addition to any
| ||
other penalty that may be imposed under subsection (c), is | ||
subject to
a mandatory minimum of 90 days of imprisonment | ||
and
a minimum fine of $2,500.
| ||
(4) A person who is convicted of violating this | ||
subsection (c-4) a fourth
or subsequent
time is
guilty of a | ||
Class 2 felony and, in addition to any other penalty
that | ||
may be imposed under subsection (c), is not
eligible for a | ||
sentence of probation or conditional
discharge and is
| ||
subject to a minimum fine of $2,500.
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(c-5) A person who violates subsection (a), if the person | ||
was transporting
a person under the age of 16 at the time of | ||
the violation, is subject to an
additional mandatory minimum | ||
fine of $1,000, an additional mandatory minimum
140 hours of | ||
community service, which shall include 40 hours of community
| ||
service in a program benefiting children, and an additional 2 | ||
days of
imprisonment. The imprisonment or assignment of | ||
community service under this
subsection (c-5) is not subject to | ||
suspension, nor is the person eligible for
a reduced sentence.
| ||
(c-6) Except as provided in subsections (c-7) and (c-8) a | ||
person who
violates
subsection (a) a second time, if at the | ||
time of
the second violation the person was transporting a | ||
person under the age of 16,
is subject to an additional 10 days | ||
of imprisonment, an additional mandatory
minimum fine of | ||
$1,000, and an additional mandatory minimum 140 hours of
| ||
community service, which shall include 40 hours of community | ||
service in a
program benefiting children.
The imprisonment or | ||
assignment of community service under this subsection (c-6)
is | ||
not subject to suspension, nor is the person eligible for a | ||
reduced
sentence.
| ||
(c-7) Except as provided in subsection (c-8), any person | ||
convicted of
violating subsection (c-6) or a similar
provision | ||
within 10 years of a previous violation of subsection (a) or a
| ||
similar provision shall receive, in addition to any other | ||
penalty imposed, a
mandatory minimum 12 days imprisonment, an | ||
additional 40 hours of mandatory
community service in a program | ||
benefiting children, and a mandatory minimum
fine of $1,750. | ||
The imprisonment or assignment of community service under this
| ||
subsection (c-7) is not subject to suspension, nor is the | ||
person
eligible for a reduced sentence.
| ||
(c-8) any person convicted of violating subsection (c-6) or | ||
a similar
provision within 5 years of a previous violation of | ||
subsection (a) or a similar
provision shall receive, in | ||
addition to any other penalty imposed, an
additional 80 hours | ||
of mandatory community service in a program benefiting
| ||
children, an additional mandatory minimum 12 days of | ||
imprisonment, and a
mandatory minimum fine of $1,750. The | ||
imprisonment or assignment of community
service under this | ||
subsection (c-8) is not subject to suspension, nor
is the
| ||
person eligible for a reduced sentence.
| ||
(c-9) Any person convicted a third time for violating | ||
subsection (a) or a
similar provision, if at the time of the | ||
third violation the person was
transporting a person under the | ||
age of 16, is guilty of a Class 4 felony and shall
receive, in | ||
addition to any other
penalty imposed, an additional mandatory | ||
fine of $1,000, an additional
mandatory 140 hours of community | ||
service, which shall include 40 hours in a
program benefiting | ||
children, and a mandatory minimum 30 days of imprisonment.
The | ||
imprisonment or assignment of community service under this | ||
subsection (c-9)
is not subject to suspension, nor is the | ||
person eligible for a reduced
sentence.
| ||
(c-10) Any person convicted of violating subsection (c-9) | ||
or a similar
provision a third time within 20 years of a | ||
previous violation of subsection
(a) or a
similar provision is | ||
guilty of a Class 4 felony and shall receive, in addition
to | ||
any other penalty imposed, an additional mandatory 40 hours of | ||
community
service in a program benefiting children, an | ||
additional mandatory fine of
$3000, and a mandatory minimum 120 | ||
days of imprisonment. The imprisonment or
assignment of | ||
community service under this subsection (c-10) is not subject | ||
to
suspension, nor is the person eligible for a reduced | ||
sentence.
| ||
(c-11) Any person convicted a fourth or subsequent time for | ||
violating
subsection (a) or a similar provision, if at the time | ||
of the fourth or
subsequent violation the person was | ||
transporting a person under the age of 16,
and if the person's | ||
3 prior violations of subsection (a) or similar provision
| ||
occurred while transporting a person under the age of 16 or | ||
while the alcohol
concentration in his or her blood, breath, or | ||
urine was 0.16 or more based
on the definition of blood, | ||
breath, or urine units in Section 11-501.2, is
guilty of a | ||
Class 2 felony, is not eligible for probation or conditional
| ||
discharge, and is subject to a minimum fine of $3,000.
| ||
(c-12) Any person convicted of a first violation of | ||
subsection (a) or a
similar provision, if the alcohol | ||
concentration in his or her blood, breath, or
urine was 0.16 or | ||
more based on the definition of blood, breath, or urine
units | ||
in Section 11-501.2, shall be subject, in addition to any other | ||
penalty
that may be imposed, to a mandatory minimum of 100 | ||
hours of community service
and a mandatory minimum fine of | ||
$500.
| ||
(c-13) Any person convicted of a second violation of | ||
subsection (a) or a similar provision committed within 10 years | ||
of a previous violation of subsection (a) or a similar | ||
provision committed within 10 years of a previous violation of | ||
subsection (a) or a similar provision, if at the time of the | ||
second violation of subsection (a) the
alcohol concentration in | ||
his or her blood, breath, or urine was 0.16 or more
based on | ||
the definition of blood, breath, or urine units in Section | ||
11-501.2,
shall be
subject, in addition to any other penalty | ||
that may be imposed, to a mandatory
minimum of 2 days of | ||
imprisonment and a mandatory minimum fine of $1,250.
| ||
(c-14) Any person convicted of a third violation of | ||
subsection (a) or a
similar provision within 20 years of a | ||
previous violation of subsection (a) or
a
similar provision, if | ||
at the time of the third violation of subsection (a) or a
| ||
similar provision the alcohol concentration in his or her | ||
blood, breath, or
urine was 0.16 or more based on the | ||
definition of blood, breath, or urine units
in Section | ||
11-501.2, is guilty of a Class 4 felony and shall be subject, | ||
in
addition to any other penalty that may be imposed, to a | ||
mandatory minimum of
90 days of imprisonment and a mandatory | ||
minimum fine of $2,500.
| ||
(c-15) Any person convicted of a fourth or subsequent | ||
violation of
subsection
(a) or a similar provision, if at the | ||
time of the fourth or subsequent
violation the alcohol | ||
concentration in his or her blood, breath, or urine was
0.16 or | ||
more based on the definition of blood, breath, or urine units | ||
in
Section 11-501.2, and if the person's 3 prior violations of | ||
subsection (a) or a
similar provision occurred while | ||
transporting a person under the age of 16 or
while the alcohol | ||
concentration in his or her blood, breath, or urine was 0.16
or | ||
more based on the definition of blood, breath, or urine units | ||
in Section
11-501.2, is guilty of a Class 2 felony and is not | ||
eligible for a sentence of
probation or conditional discharge | ||
and is subject to a minimum fine of
$2,500.
| ||
(d) (1) Every person convicted of committing a violation of | ||
this Section
shall be guilty of aggravated driving under | ||
the influence of alcohol,
other drug or drugs, or | ||
intoxicating compound or compounds, or any combination
| ||
thereof if:
| ||
(A) the person committed a violation of subsection | ||
(a)
this
Section, or a similar
provision of a law of | ||
another state or a local ordinance when the cause of
| ||
action is the same as or substantially similar to this | ||
Section, for the
third or subsequent time;
| ||
(B) the person committed a violation of subsection
| ||
paragraph (a)
while
driving a school bus with persons | ||
18 years of age or younger
children
on board;
| ||
(C) the person in committing a violation of | ||
subsection
paragraph
(a) was
involved in a motor | ||
vehicle accident that resulted in great bodily harm or
| ||
permanent disability or disfigurement to another, when | ||
the violation was
a proximate cause of the injuries;
| ||
(D) the person committed a violation of subsection
| ||
paragraph (a)
for a
second time and has been previously | ||
convicted of violating Section 9-3 of the
Criminal Code | ||
of 1961 relating to reckless homicide in which the | ||
person was
determined to have been under the influence | ||
of alcohol, other drug or
drugs, or intoxicating | ||
compound or compounds as an element of the offense or
| ||
the person has previously been convicted
under | ||
subparagraph (C) or subparagraph (F) of this paragraph | ||
(1);
| ||
(E) the person, in committing a violation of | ||
subsection
paragraph (a) while
driving at any speed in | ||
a school speed zone at a time when a speed limit of
20 | ||
miles per hour was in effect under subsection (a) of | ||
Section 11-605 of
this Code, was involved in a motor | ||
vehicle accident that resulted in bodily
harm, other | ||
than great bodily harm or permanent disability or | ||
disfigurement,
to another person, when the violation | ||
of subsection
paragraph (a) was a
proximate cause
of | ||
the bodily harm; or
| ||
(F) the person, in committing a violation of | ||
subsection
paragraph (a), was
involved in a motor | ||
vehicle, snowmobile, all-terrain vehicle, or | ||
watercraft
accident that resulted in
the death of | ||
another person, when the violation of subsection
| ||
paragraph
(a) was
a proximate cause of the death.
| ||
(2) Except as provided in this paragraph (2), a person | ||
convicted of
aggravated driving under
the
influence of | ||
alcohol, other drug or
drugs,
or intoxicating compound or | ||
compounds, or any
combination thereof is guilty of a Class | ||
4 felony. For a violation of
subparagraph (C)
of
paragraph | ||
(1) of this subsection (d), the defendant, if sentenced to | ||
a term
of imprisonment, shall be sentenced
to not less than
| ||
one year nor more than 12 years.
Aggravated driving under | ||
the influence of alcohol, other drug or drugs,
or | ||
intoxicating compound or compounds, or any combination | ||
thereof as
defined in subparagraph (F) of paragraph (1) of | ||
this subsection (d) is
a Class 2 felony, for which the | ||
defendant, if sentenced to a term of
imprisonment, shall be | ||
sentenced to: (A) a
term of imprisonment of not less than 3 | ||
years and not more
than 14 years if the violation resulted | ||
in the death of one person; or
(B) a term of imprisonment | ||
of not less than 6 years and not
more than 28 years if the | ||
violation resulted in the deaths of 2 or more
persons.
For | ||
any prosecution under this subsection
(d), a certified copy | ||
of the
driving abstract of the defendant shall be admitted | ||
as proof of any prior
conviction.
Any person sentenced | ||
under this subsection (d) who receives a term of
probation
| ||
or conditional discharge must serve a minimum term of | ||
either 480 hours of
community service or 10 days of | ||
imprisonment as a condition of the probation or
conditional | ||
discharge. This mandatory minimum term of imprisonment or
| ||
assignment of community service may not be suspended or | ||
reduced by the court.
| ||
(e) After a finding of guilt and prior to any final | ||
sentencing, or an
order for supervision, for an offense based | ||
upon an arrest for a
violation of this Section or a similar | ||
provision of a local ordinance,
individuals shall be required | ||
to undergo a professional evaluation to
determine if an | ||
alcohol, drug, or intoxicating compound abuse problem exists
| ||
and the
extent of the problem, and undergo the imposition of | ||
treatment as appropriate.
Programs conducting these | ||
evaluations shall be
licensed by the Department of Human | ||
Services. The cost of any professional
evaluation shall be paid | ||
for by the
individual
required to undergo the professional | ||
evaluation.
| ||
(e-1) Any person who is found guilty of or pleads guilty to | ||
violating this
Section, including any person receiving a | ||
disposition of court supervision for
violating this Section, | ||
may be required by the Court to attend a victim
impact panel | ||
offered by, or under contract with, a County State's Attorney's
| ||
office, a probation and court services department, Mothers | ||
Against Drunk
Driving,
or the Alliance Against Intoxicated | ||
Motorists.
All costs generated by
the victim impact panel shall | ||
be paid from fees collected from the
offender or as may be | ||
determined by the court.
| ||
(f) Every person found guilty of violating this Section, | ||
whose
operation of a motor vehicle while in violation of this | ||
Section proximately
caused any incident resulting in an | ||
appropriate emergency response, shall
be liable for the expense | ||
of an emergency response as provided under
Section 5-5-3 of the | ||
Unified Code of Corrections.
| ||
(g) The Secretary of State shall revoke the driving | ||
privileges of any
person convicted under this Section or a | ||
similar provision of a local
ordinance.
| ||
(h) Blank.
Every person sentenced under paragraph (2) or | ||
(3) of
subsection (c-1)
of this Section or subsection (d) of | ||
this Section and who
receives a term of probation or | ||
conditional discharge shall be required to
serve a minimum term | ||
of either 60 days community service or 10 days of
imprisonment | ||
as a condition of the probation or
conditional discharge. This | ||
mandatory minimum term of imprisonment or
assignment of | ||
community service shall not be suspended and shall
not be | ||
subject to reduction by the court.
| ||
(i) The Secretary of State shall require the use of | ||
ignition interlock
devices on all vehicles owned by an | ||
individual who has been convicted of a
second
or subsequent | ||
offense of this Section or a similar provision of a local
| ||
ordinance. The Secretary shall establish by rule and regulation | ||
the procedures
for certification and use of the interlock | ||
system.
| ||
(j) In addition to any other penalties and liabilities, a | ||
person who is
found guilty of or pleads guilty to violating | ||
subsection (a)
this
Section, including any
person placed on | ||
court supervision for violating subsection (a)
this
Section, | ||
shall be fined
$100, payable to the
circuit clerk, who shall | ||
distribute the money to the law enforcement agency
that made | ||
the arrest. If the person has been previously convicted of | ||
violating
subsection (a)
this Section or a similar provision of | ||
a local
ordinance, the fine shall be
$200. In the event that | ||
more than one agency is responsible
for the arrest, the $100 or | ||
$200 shall be shared equally. Any moneys received
by a law
| ||
enforcement agency under this subsection (j) shall be used to | ||
purchase law
enforcement equipment that will assist in the | ||
prevention of alcohol related
criminal violence throughout the | ||
State. This shall include, but is not limited
to, in-car video | ||
cameras, radar and laser speed detection devices, and alcohol
| ||
breath testers.
Any moneys received by the Department of State | ||
Police under this subsection
(j) shall be deposited into the | ||
State Police DUI Fund and shall be used to
purchase law | ||
enforcement equipment that will assist in the prevention of
| ||
alcohol related criminal violence throughout the State.
| ||
(k) The Secretary of State Police DUI Fund is created as a | ||
special
fund in the State treasury. All moneys received by the | ||
Secretary of State
Police under subsection (j) of this Section | ||
shall be deposited into the
Secretary of State Police DUI Fund | ||
and, subject to appropriation, shall be
used to purchase law | ||
enforcement equipment to assist in the prevention of
alcohol | ||
related criminal violence throughout the State.
| ||
(l) Whenever an individual is sentenced for an offense | ||
based upon an
arrest for a violation of subsection (a) 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. If
the individual is not a resident of Illinois, | ||
however, the court may accept an
alcohol or other drug | ||
evaluation or remedial education program in the
individual's | ||
state of residence. Programs providing treatment must be | ||
licensed
under existing applicable alcoholism and drug | ||
treatment licensure standards.
| ||
(m) In addition to any other fine or penalty required by | ||
law, an individual
convicted of a violation of subsection (a), | ||
Section 5-7 of the Snowmobile
Registration and Safety Act, | ||
Section 5-16 of the Boat Registration and Safety
Act, or a | ||
similar provision, whose operation of a motor vehicle, | ||
snowmobile, or
watercraft while in
violation of subsection (a), | ||
Section 5-7 of the Snowmobile Registration and
Safety Act, | ||
Section 5-16 of the Boat Registration and Safety Act, or a | ||
similar
provision 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. The restitution may not exceed $1,000 per
public | ||
agency for each emergency response. As used in this subsection | ||
(m),
"emergency response" means any incident requiring a | ||
response by a police
officer, a firefighter carried on the | ||
rolls of a regularly constituted fire
department, or an | ||
ambulance.
| ||
(Source: P.A. 92-248, eff. 8-3-01; 92-418, eff. 8-17-01;
| ||
92-420, eff. 8-17-01; 92-429, eff. 1-1-02; 92-431, eff. 1-1-02; | ||
92-651, eff.
7-11-02; 93-156, eff. 1-1-04; 93-213, eff. | ||
7-18-03; 93-584, eff.
8-22-03; revised 8-27-03.)
| ||
Section 10. The Clerks of Courts Act is amended by changing
| ||
Sections 27.5 and 27.6 as follows:
| ||
(705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
| ||
Sec. 27.5. (a) All fees, fines, costs, additional | ||
penalties, bail balances
assessed or forfeited, and any other | ||
amount paid by a person to the circuit
clerk that equals an | ||
amount less than $55, except restitution under Section
5-5-6 of | ||
the Unified Code of Corrections, reimbursement for the costs of | ||
an
emergency response as provided under Section 11-501 of the | ||
Illinois Vehicle
Code
5-5-3 of the Unified Code of
Corrections, | ||
any fees collected for attending a traffic safety program under
| ||
paragraph (c) of Supreme Court Rule 529, any fee collected on | ||
behalf of a
State's Attorney under Section 4-2002 of the | ||
Counties Code or a sheriff under
Section 4-5001 of the Counties | ||
Code, or any cost imposed under Section 124A-5
of the Code of | ||
Criminal Procedure of 1963, for convictions, orders of
| ||
supervision, or any other disposition for a violation of | ||
Chapters 3, 4, 6,
11, and 12 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, and except as provided in subsection
(b) shall | ||
be disbursed within 60 days after receipt by the circuit
clerk | ||
as follows: 47% shall be disbursed to the entity authorized by | ||
law to
receive the fine imposed in the case; 12% shall be | ||
disbursed to the State
Treasurer; and 41% shall be disbursed to | ||
the county's general corporate fund.
Of the 12% disbursed to | ||
the State Treasurer, 1/6 shall be deposited by the
State | ||
Treasurer into the Violent Crime Victims Assistance Fund, 1/2 | ||
shall be
deposited into the Traffic and Criminal Conviction | ||
Surcharge Fund, and 1/3
shall be deposited into the Drivers | ||
Education Fund. For fiscal years 1992 and
1993, amounts | ||
deposited into the Violent Crime Victims Assistance Fund, the
| ||
Traffic and Criminal Conviction Surcharge Fund, or the Drivers | ||
Education Fund
shall not exceed 110% of the amounts deposited | ||
into those funds in fiscal year
1991. Any amount that exceeds | ||
the 110% limit shall be distributed as follows:
50% shall be | ||
disbursed to the county's general corporate fund and 50% shall | ||
be
disbursed to the entity authorized by law to receive the | ||
fine imposed in the
case. Not later than March 1 of each year | ||
the circuit clerk
shall submit a report of the amount of funds | ||
remitted to the State
Treasurer under this Section during the | ||
preceding year based upon
independent verification of fines and | ||
fees. All counties shall be subject
to this Section, except | ||
that counties with a population under 2,000,000
may, by | ||
ordinance, elect not to be subject to this Section. For | ||
offenses
subject to this Section, judges shall impose one total | ||
sum of money payable
for violations. The circuit clerk may add | ||
on no additional amounts except
for amounts that are required | ||
by Sections 27.3a and 27.3c of
this Act, unless those amounts | ||
are specifically waived by the judge. With
respect to money | ||
collected by the circuit clerk as a result of
forfeiture of | ||
bail, ex parte judgment or guilty plea pursuant to Supreme
| ||
Court Rule 529, the circuit clerk shall first deduct and pay | ||
amounts
required by Sections 27.3a and 27.3c of this Act. This | ||
Section is a denial
and limitation of home rule powers and | ||
functions under subsection (h) of
Section 6 of Article VII of | ||
the Illinois Constitution.
| ||
(b) The following amounts must be remitted to the State | ||
Treasurer for
deposit into the Illinois Animal Abuse Fund:
| ||
(1) 50% of the amounts collected for felony offenses | ||
under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||
5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||
Animals Act and Section 26-5 of the Criminal Code of
1961;
| ||
(2) 20% of the amounts collected for Class A and Class | ||
B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||
5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||
for Animals Act and Section 26-5 of the Criminal
Code of | ||
1961; and
| ||
(3) 50% of the amounts collected for Class C | ||
misdemeanors under
Sections 4.01 and 7.1 of the Humane Care | ||
for Animals Act and Section 26-5
of the Criminal Code of | ||
1961.
| ||
(Source: P.A. 92-454, eff. 1-1-02; 92-650, eff. 7-11-02.)
| ||
(705 ILCS 105/27.6)
| ||
Sec. 27.6. (a) All fees, fines, costs, additional | ||
penalties, bail balances
assessed or forfeited, and any other | ||
amount paid by a person to the circuit
clerk equalling an | ||
amount of $55 or more, except the additional fee required
by | ||
subsections (b) and (c), restitution under Section 5-5-6 of the
| ||
Unified Code of Corrections, reimbursement for the costs of an | ||
emergency
response as provided under Section 11-501 of the | ||
Illinois Vehicle Code
5-5-3 of the Unified Code of Corrections,
| ||
any fees collected for attending a traffic safety program under | ||
paragraph (c)
of Supreme Court Rule 529, any fee collected on | ||
behalf of a State's Attorney
under Section 4-2002 of the | ||
Counties Code or a sheriff under Section 4-5001
of the Counties | ||
Code, or any cost imposed under Section 124A-5 of the Code of
| ||
Criminal Procedure of 1963, for convictions, orders of | ||
supervision, or any
other disposition for a violation of | ||
Chapters 3, 4, 6, 11, and 12 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, and except as provided in subsection (d) shall | ||
be disbursed
within 60 days after receipt by the circuit
clerk | ||
as follows: 44.5% shall be disbursed to the entity authorized | ||
by law to
receive the fine imposed in the case; 16.825% shall | ||
be disbursed to the State
Treasurer; and 38.675% shall be | ||
disbursed to the county's general corporate
fund. Of the | ||
16.825% disbursed to the State Treasurer, 2/17 shall be | ||
deposited
by the State Treasurer into the Violent Crime Victims | ||
Assistance Fund, 5.052/17
shall be deposited into the Traffic | ||
and Criminal Conviction Surcharge Fund,
3/17 shall be deposited | ||
into the Drivers Education Fund, and 6.948/17 shall be
| ||
deposited into the Trauma Center Fund. Of the 6.948/17 | ||
deposited into the
Trauma Center Fund from the 16.825% | ||
disbursed to the State Treasurer, 50% shall
be disbursed to the | ||
Department of Public Health and 50% shall be disbursed to
the | ||
Department of Public Aid. For fiscal year 1993, amounts | ||
deposited into
the Violent Crime Victims Assistance Fund, the | ||
Traffic and Criminal
Conviction Surcharge Fund, or the Drivers | ||
Education Fund shall not exceed 110%
of the amounts deposited | ||
into those funds in fiscal year 1991. Any
amount that exceeds | ||
the 110% limit shall be distributed as follows: 50%
shall be | ||
disbursed to the county's general corporate fund and 50% shall | ||
be
disbursed to the entity authorized by law to receive the | ||
fine imposed in
the case. Not later than March 1 of each year | ||
the circuit clerk
shall submit a report of the amount of funds | ||
remitted to the State
Treasurer under this Section during the | ||
preceding year based upon
independent verification of fines and | ||
fees. All counties shall be subject
to this Section, except | ||
that counties with a population under 2,000,000
may, by | ||
ordinance, elect not to be subject to this Section. For | ||
offenses
subject to this Section, judges shall impose one total | ||
sum of money payable
for violations. The circuit clerk may add | ||
on no additional amounts except
for amounts that are required | ||
by Sections 27.3a and 27.3c of
this Act, unless those amounts | ||
are specifically waived by the judge. With
respect to money | ||
collected by the circuit clerk as a result of
forfeiture of | ||
bail, ex parte judgment or guilty plea pursuant to Supreme
| ||
Court Rule 529, the circuit clerk shall first deduct and pay | ||
amounts
required by Sections 27.3a and 27.3c of this Act. This | ||
Section is a denial
and limitation of home rule powers and | ||
functions under subsection (h) of
Section 6 of Article VII of | ||
the Illinois Constitution.
| ||
(b) In addition to any other fines and court costs assessed | ||
by the courts,
any person convicted or receiving an order of | ||
supervision for driving under
the influence of alcohol or drugs | ||
shall pay an additional fee of $100 to the
clerk of the circuit | ||
court. This amount, less 2 1/2% that shall be used to
defray | ||
administrative costs incurred by the clerk, shall be remitted | ||
by the
clerk to the Treasurer within 60 days after receipt for | ||
deposit into the Trauma
Center Fund. This additional fee of | ||
$100 shall not be considered a part of the
fine for purposes of | ||
any reduction in the fine for time served either before or
| ||
after sentencing. Not later than March 1 of each year the | ||
Circuit Clerk shall
submit a report of the amount of funds | ||
remitted to the State Treasurer under
this subsection during | ||
the preceding calendar year.
| ||
(b-1) In addition to any other fines and court costs | ||
assessed by the courts,
any person convicted or receiving an | ||
order of supervision for driving under the
influence of alcohol | ||
or drugs shall pay an additional fee of $5 to the clerk
of the | ||
circuit court. This amount, less
2 1/2% that shall be used to | ||
defray administrative costs incurred by the clerk,
shall be | ||
remitted by the clerk to the Treasurer within 60 days after | ||
receipt
for deposit into the Spinal Cord Injury Paralysis Cure | ||
Research Trust Fund.
This additional fee of $5 shall not
be | ||
considered a part of the fine for purposes of any reduction in | ||
the fine for
time served either before or after sentencing. Not | ||
later than March 1 of each
year the Circuit Clerk shall submit | ||
a report of the amount of funds remitted to
the State Treasurer | ||
under this subsection during the preceding calendar
year.
| ||
(c) In addition to any other fines and court costs assessed | ||
by the courts,
any person convicted for a violation of Sections | ||
24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or a | ||
person sentenced for a violation of the Cannabis
Control Act or | ||
the Controlled Substance Act
shall pay an additional fee of | ||
$100 to the clerk
of the circuit court. This amount, less
2 | ||
1/2% that shall be used to defray administrative costs incurred | ||
by the clerk,
shall be remitted by the clerk to the Treasurer | ||
within 60 days after receipt
for deposit into the Trauma Center | ||
Fund. This additional fee of $100 shall not
be considered a | ||
part of the fine for purposes of any reduction in the fine for
| ||
time served either before or after sentencing. Not later than | ||
March 1 of each
year the Circuit Clerk shall submit a report of | ||
the amount of funds remitted to
the State Treasurer under this | ||
subsection during the preceding calendar year.
| ||
(c-1) In addition to any other fines and court costs | ||
assessed by the
courts, any person sentenced for a violation of | ||
the Cannabis Control Act or
the Illinois Controlled Substances | ||
Act shall pay an additional fee of $5 to the
clerk of the | ||
circuit court. This amount, less 2 1/2% that shall be used to
| ||
defray administrative costs incurred by the clerk, shall be | ||
remitted by the
clerk to the Treasurer within 60 days after | ||
receipt for deposit into the Spinal
Cord Injury Paralysis Cure | ||
Research Trust Fund. This additional fee of $5
shall not be | ||
considered a part of the fine for purposes of any reduction in | ||
the
fine for time served either before or after sentencing. Not | ||
later than March 1
of each year the Circuit Clerk shall submit | ||
a report of the amount of funds
remitted to the State Treasurer | ||
under this subsection during the preceding
calendar year.
| ||
(d) The following amounts must be remitted to the State | ||
Treasurer for
deposit into the Illinois Animal Abuse Fund:
| ||
(1) 50% of the amounts collected for felony offenses | ||
under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||
5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||
Animals Act and Section 26-5 of the Criminal Code of
1961;
| ||
(2) 20% of the amounts collected for Class A and Class | ||
B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||
5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||
for Animals Act and Section 26-5 of the Criminal
Code of | ||
1961; and
| ||
(3) 50% of the amounts collected for Class C | ||
misdemeanors under Sections
4.01 and 7.1 of the Humane Care | ||
for Animals Act and Section 26-5 of the
Criminal Code of | ||
1961.
| ||
(Source: P.A. 92-431, eff. 1-1-02; 92-454, eff. 1-1-02; 92-650, | ||
eff. 7-11-02;
92-651, eff. 7-11-02.)
| ||
Section 15. The Unified Code of Corrections is amended by | ||
changing
Sections 5-5-3, 5-6-4, 5-6-4.1, and 5-8-7 as follows:
| ||
(730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| ||
Sec. 5-5-3. Disposition.
| ||
(a) Except as provided in Section 11-501 of the Illinois | ||
Vehicle Code,
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 | ||
(now repealed).
| ||
(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, Section 5-7 of the Snowmobile | ||
Registration and Safety Act,
Section 5-16 of the Boat | ||
Registration and Safety Act, or a similar provision of
local | ||
ordinance, whose operation of
a motor vehicle while in | ||
violation of Section 11-501, Section 5-7, Section
5-16, 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 $1,000 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 3.85 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)(1) or
(c)(2) of
Section 401 of that Act | ||
which relates to more than 5 grams of a substance
| ||
containing heroin or 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.
| ||
(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 or 20-1.3 of the | ||
Criminal Code of
1961.
| ||
(R) A violation of Section 24-3A of the Criminal | ||
Code of
1961.
| ||
(S) (Blank).
A violation of Section 11-501(c-1)(3) | ||
of the Illinois
Vehicle
Code.
| ||
(T) A second or subsequent violation of paragraph | ||
(6.6) of subsection
(a), subsection (c-5), or | ||
subsection (d-5) of Section 401 of the Illinois
| ||
Controlled Substances Act.
| ||
(3) (Blank).
A minimum term of imprisonment of not less | ||
than 5 days
or 30 days of community service as may be | ||
determined by the
court shall
be imposed for a second | ||
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.
In the case of a third 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, a minimum term of | ||
either 10 days of imprisonment or 60 days of
community | ||
service shall be imposed.
| ||
(4) A minimum term of imprisonment of not less than 10
| ||
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) (Blank).
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.
| ||
(5.1) In addition to any penalties imposed under | ||
paragraph (5) of this
subsection (c), and except as | ||
provided in paragraph (5.2) or (5.3), a person
convicted of | ||
violating subsection (c) of Section 11-907 of the Illinois
| ||
Vehicle Code shall have his or her driver's license, | ||
permit, or privileges
suspended for at least 90 days but | ||
not more than one year, if the violation
resulted in damage | ||
to the property of another person.
| ||
(5.2) In addition to any penalties imposed under | ||
paragraph (5) of this
subsection (c), and except as | ||
provided in paragraph (5.3), a person convicted
of | ||
violating subsection (c) of Section 11-907 of the Illinois | ||
Vehicle Code
shall have his or her driver's license, | ||
permit, or privileges suspended for at
least 180 days but | ||
not more than 2 years, if the violation resulted in injury
| ||
to
another person.
| ||
(5.3) In addition to any penalties imposed under | ||
paragraph (5) of
this
subsection (c), a person convicted of | ||
violating subsection (c) of Section
11-907 of the Illinois | ||
Vehicle Code shall have his or her driver's license,
| ||
permit, or privileges suspended for 2 years, if the | ||
violation resulted in the
death of another person.
| ||
(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
in any state or
federal court of an | ||
offense that contains the same elements as an offense now
| ||
classified in Illinois as a Class 2 or greater Class felony
| ||
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.
A person sentenced as a Class X offender under | ||
this paragraph is not
eligible to apply for treatment as a | ||
condition of probation as provided by
Section 40-10 of the | ||
Alcoholism and Other Drug Abuse and Dependency Act.
| ||
(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.
| ||
(10) (Blank).
When a person is convicted of violating | ||
Section 11-501
of the
Illinois
Vehicle Code or a similar | ||
provision of a local ordinance, the following
penalties | ||
apply when his or her blood,
breath, or urine was .16 or | ||
more based on the definition of blood, breath, or
urine | ||
units in
Section 11-501.2
or that person is convicted of | ||
violating Section 11-501 of the Illinois Vehicle
Code while
| ||
transporting a child under the age of 16:
| ||
(A) For a first violation of subsection (a) of | ||
Section 11-501, in
addition to any other penalty that | ||
may be imposed under subsection (c) of
Section 11-501: | ||
a
mandatory
minimum of
100 hours of community
service | ||
and a minimum fine of
$500.
| ||
(B) For a second violation of subsection (a) of | ||
Section 11-501, in
addition to any other penalty that | ||
may be imposed under subsection (c) of
Section 11-501 | ||
within 10
years: a
mandatory minimum of 2
days of | ||
imprisonment
and a minimum fine of $1,250.
| ||
(C) For a third violation of subsection (a) of | ||
Section 11-501, in
addition to any other penalty that | ||
may be imposed under subsection (c) of
Section 11-501 | ||
within 20
years: a
mandatory
minimum of 90 days of | ||
imprisonment and a minimum
fine of $2,500.
| ||
(D) For a fourth or subsequent violation of | ||
subsection (a) of Section
11-501: ineligibility for a | ||
sentence
of probation or conditional discharge and a | ||
minimum
fine of $2,500.
| ||
(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.
If a sentence is vacated on appeal or on | ||
collateral attack due to the
failure of the trier of fact at | ||
trial to determine beyond a reasonable doubt
the
existence of a | ||
fact (other than a prior conviction) necessary to increase the
| ||
punishment for the offense beyond the statutory maximum | ||
otherwise applicable,
either the defendant may be re-sentenced | ||
to a term within the range otherwise
provided or, if the State | ||
files notice of its intention to again seek the
extended | ||
sentence, the defendant shall be afforded a new trial.
| ||
(e) In cases where prosecution for
aggravated criminal | ||
sexual abuse under Section 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.
| ||
(n) The court may sentence a person convicted of a | ||
violation of Section
12-19, 12-21, or 16-1.3 of the Criminal | ||
Code of 1961 (i) to an impact
incarceration program if the | ||
person is otherwise eligible for that program
under Section | ||
5-8-1.1, (ii) to community service, or (iii) if the person is | ||
an
addict or alcoholic, as defined in the Alcoholism and Other | ||
Drug Abuse and
Dependency Act, to a substance or alcohol abuse | ||
program licensed under that
Act.
| ||
(Source: P.A. 92-183, eff. 7-27-01; 92-248, eff. 8-3-01; | ||
92-283, eff.
1-1-02; 92-340, eff. 8-10-01; 92-418, eff. | ||
8-17-01; 92-422, eff. 8-17-01;
92-651, eff. 7-11-02; 92-698, | ||
eff. 7-19-02; 93-44, eff. 7-1-03; 93-156, eff.
1-1-04; 93-169, | ||
eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04;
93-546, | ||
eff. 1-1-04; revised 10-9-03.)
| ||
(730 ILCS 5/5-6-4) (from Ch. 38, par. 1005-6-4)
| ||
Sec. 5-6-4. Violation, Modification or Revocation of | ||
Probation, of
Conditional Discharge or Supervision or of a | ||
sentence of county impact
incarceration - Hearing.
| ||
(a) Except in cases where
conditional discharge or | ||
supervision was imposed for a petty offense as
defined in | ||
Section 5-1-17, when a petition is filed charging a violation | ||
of
a condition, the court may:
| ||
(1) in the case of probation violations, order the | ||
issuance of a notice
to the offender to be present by the | ||
County Probation Department or such
other agency | ||
designated by the court to handle probation matters; and in
| ||
the case of conditional discharge or supervision | ||
violations, such notice
to the offender shall be issued by | ||
the Circuit Court Clerk;
and in the case of a violation of | ||
a sentence of county impact incarceration,
such notice | ||
shall be issued by the Sheriff;
| ||
(2) order a summons to the offender to be present for | ||
hearing; or
| ||
(3) order a warrant for the offender's arrest where | ||
there is danger of
his fleeing the jurisdiction or causing | ||
serious harm to others or when the
offender fails to answer | ||
a summons or notice from the clerk of the court or
Sheriff.
| ||
Personal service of the petition for violation of probation | ||
or
the issuance of such warrant, summons or notice shall toll | ||
the period of
probation, conditional discharge, supervision, | ||
or sentence of
county impact incarceration until
the final | ||
determination of the charge, and the term of probation,
| ||
conditional discharge, supervision, or sentence of county | ||
impact
incarceration shall not run until the hearing and
| ||
disposition of the petition for violation.
| ||
(b) The court shall conduct a hearing of the alleged | ||
violation. The
court shall admit the offender to bail pending | ||
the hearing unless the
alleged violation is itself a criminal | ||
offense in which case the
offender shall be admitted to bail on | ||
such terms as are provided in the
Code of Criminal Procedure of | ||
1963, as amended. In any case where an
offender remains | ||
incarcerated only as a result of his alleged violation of
the | ||
court's earlier order of probation, supervision, conditional
| ||
discharge, or county impact incarceration such hearing shall be | ||
held within
14 days of the onset of
said incarceration, unless | ||
the alleged violation is the commission of
another offense by | ||
the offender during the period of probation, supervision
or | ||
conditional discharge in which case such hearing shall be held | ||
within
the time limits described in Section 103-5 of the Code | ||
of Criminal
Procedure of 1963, as amended.
| ||
(c) The State has the burden of going forward with the | ||
evidence and
proving the violation by the preponderance of the | ||
evidence. The evidence
shall be presented in open court with | ||
the right of confrontation,
cross-examination, and | ||
representation by counsel.
| ||
(d) Probation, conditional discharge, periodic | ||
imprisonment and
supervision shall not be revoked for failure | ||
to comply with conditions
of a sentence or supervision, which | ||
imposes financial obligations upon the
offender unless such | ||
failure is due to his willful refusal to pay.
| ||
(e) If the court finds that the offender has violated a | ||
condition at
any time prior to the expiration or termination of | ||
the period, it may
continue him on the existing sentence, with | ||
or without modifying or
enlarging the conditions, or may impose | ||
any other sentence that was
available under Section 5-5-3 of | ||
this Code or Section 11-501 of the Illinois
Vehicle Code at the | ||
time of initial sentencing.
If the court finds that the person | ||
has failed to successfully complete his or
her sentence to a | ||
county impact incarceration program, the court may impose any
| ||
other sentence that was available under Section 5-5-3 of this | ||
Code or Section
11-501 of the Illinois Vehicle Code at the time | ||
of initial
sentencing,
except for a sentence of probation or | ||
conditional discharge.
| ||
(f) The conditions of probation, of conditional discharge, | ||
of
supervision, or of a sentence of county impact incarceration | ||
may be
modified by the court on motion of the supervising | ||
agency or on its own motion
or at the request of the offender | ||
after
notice and a hearing.
| ||
(g) A judgment revoking supervision, probation, | ||
conditional
discharge, or a sentence of county impact | ||
incarceration is a final
appealable order.
| ||
(h) Resentencing after revocation of probation, | ||
conditional
discharge, supervision, or a sentence of county | ||
impact
incarceration shall be under Article 4. Time served on
| ||
probation, conditional discharge or supervision shall not be | ||
credited by
the court against a sentence of imprisonment or | ||
periodic imprisonment
unless the court orders otherwise.
| ||
(i) Instead of filing a violation of probation, conditional | ||
discharge,
supervision, or a sentence of county impact | ||
incarceration, an agent or
employee of the
supervising agency | ||
with the concurrence of his or
her
supervisor may serve on the | ||
defendant a Notice of Intermediate Sanctions.
The
Notice shall | ||
contain the technical violation or violations involved, the | ||
date
or dates of the violation or violations, and the | ||
intermediate sanctions to be
imposed. Upon receipt of the | ||
Notice, the defendant shall immediately accept or
reject the | ||
intermediate sanctions. If the sanctions are accepted, they | ||
shall
be imposed immediately. If the intermediate sanctions are | ||
rejected or the
defendant does not respond to the Notice, a | ||
violation of probation, conditional
discharge, supervision, or | ||
a sentence of county impact incarceration
shall be immediately | ||
filed with the court. The
State's Attorney and the sentencing | ||
court shall be notified of the Notice of
Sanctions. Upon | ||
successful completion of the intermediate sanctions, a court
| ||
may not revoke probation, conditional discharge, supervision, | ||
or a
sentence of county impact incarceration or impose
| ||
additional sanctions for the same violation.
A notice of | ||
intermediate sanctions may not be issued for any violation of
| ||
probation, conditional discharge, supervision, or a sentence | ||
of county
impact incarceration which could warrant an
| ||
additional, separate felony charge.
The intermediate sanctions | ||
shall include a term of home detention as provided
in Article | ||
8A of Chapter V of this Code for multiple or repeat violations | ||
of
the terms and conditions of a sentence of probation, | ||
conditional discharge, or
supervision.
| ||
(Source: P.A. 89-198, eff. 7-21-95; 89-587, eff. 7-31-96; | ||
89-647, eff.
1-1-97; 90-14, eff. 7-1-97.)
| ||
(730 ILCS 5/5-6-4.1) (from Ch. 38, par. 1005-6-4.1)
| ||
Sec. 5-6-4.1. Violation, Modification or Revocation of
| ||
Conditional Discharge or Supervision - Hearing.)
(a) In cases | ||
where a defendant was placed upon supervision or conditional
| ||
discharge for the commission of a petty offense, upon the oral | ||
or written
motion of the State, or on the court's own motion, | ||
which charges that a
violation of a condition of that | ||
conditional discharge or supervision has
occurred, the court | ||
may:
| ||
(1) Conduct a hearing instanter if the offender is present | ||
in court;
| ||
(2) Order the issuance by the court clerk of a notice to | ||
the offender
to be present for a hearing for violation;
| ||
(3) Order summons to the offender to be present; or
| ||
(4) Order a warrant for the offender's arrest.
| ||
The oral motion, if the defendant is present, or the | ||
issuance of such warrant,
summons or notice shall toll the | ||
period of conditional discharge or supervision
until the final | ||
determination of the charge, and the term of conditional
| ||
discharge or supervision shall not run until the hearing and | ||
disposition
of the petition for violation.
| ||
(b) The Court shall admit the offender to bail pending the | ||
hearing.
| ||
(c) The State has the burden of going forward with the | ||
evidence and
proving the violation by the preponderance of the | ||
evidence. The evidence
shall be presented in open court with | ||
the right of confrontation,
cross-examination, and | ||
representation by counsel.
| ||
(d) Conditional discharge or supervision shall not be | ||
revoked for failure
to comply with the conditions of the | ||
discharge or supervision which imposed
financial obligations | ||
upon the offender unless such failure is due to his
wilful | ||
refusal to pay.
| ||
(e) If the court finds that the offender has violated a | ||
condition at
any time prior to the expiration or termination of | ||
the period, it may
continue him on the existing sentence or | ||
supervision with or without modifying
or
enlarging the | ||
conditions, or may impose any other sentence that was
available | ||
under Section 5-5-3 of this Code or Section 11-501 of the | ||
Illinois
Vehicle Code at the time of initial sentencing.
| ||
(f) The conditions of conditional discharge and of
| ||
supervision may be modified by the court on motion of the | ||
probation
officer or on its own motion or at the request of the | ||
offender after
notice to the defendant and a hearing.
| ||
(g) A judgment revoking supervision is a final appealable | ||
order.
| ||
(h) Resentencing after revocation of conditional
discharge | ||
or of supervision shall be under Article 4. Time served on
| ||
conditional discharge or supervision shall be credited by
the | ||
court against a sentence of imprisonment or periodic | ||
imprisonment
unless the court orders otherwise.
| ||
(Source: P.A. 81-815.)
| ||
(730 ILCS 5/5-8-7) (from Ch. 38, par. 1005-8-7)
| ||
Sec. 5-8-7. Calculation of Term of Imprisonment.
| ||
(a) A sentence of imprisonment shall commence on the date | ||
on which
the offender is received by the Department or the | ||
institution at which
the sentence is to be served.
| ||
(b) The offender shall be given credit on the determinate
| ||
sentence or maximum term and the
minimum period of imprisonment | ||
for time spent in custody as a
result of the offense for which | ||
the sentence was imposed, at
the rate specified in Section | ||
3-6-3 of this Code.
Except when prohibited by subsection (d),
| ||
the trial court may give credit to the defendant for time spent | ||
in home
detention, or when the defendant has been confined for | ||
psychiatric or substance
abuse treatment prior to judgment, if | ||
the court finds that the detention or
confinement was | ||
custodial.
| ||
(c) An offender arrested on one charge and prosecuted on | ||
another
charge for conduct which occurred prior to his arrest | ||
shall be given
credit on the determinate sentence or maximum | ||
term and the minimum
term of imprisonment for time spent in | ||
custody under the former
charge not credited against another | ||
sentence.
| ||
(d) An offender sentenced to a term of imprisonment for an | ||
offense listed
in paragraph (2) of subsection (c) of Section | ||
5-5-3 of this Code or in
paragraph (3) of subsection (c-1) of | ||
Section 11-501 of the Illinois Vehicle
Code shall not
receive | ||
credit for time spent in home detention prior to
judgment.
| ||
(Source: P.A. 88-119; 89-647, eff. 1-1-97.)
| ||