|
|
||||
| Public Act 095-0211 |
||||
| ||||
| ||||
AN ACT concerning criminal law.
| ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
| ||||
Section 3. The Illinois Vehicle Code is amended by changing | ||||
Section 3-707 as follows:
| ||||
(625 ILCS 5/3-707) (from Ch. 95 1/2, par. 3-707)
| ||||
Sec. 3-707. Operation of uninsured motor vehicle - penalty.
| ||||
(a) No person
shall operate a motor vehicle unless the | ||||
motor vehicle is covered by a
liability insurance policy in | ||||
accordance with Section 7-601 of this Code.
| ||||
(b) Any person who fails to comply with a request by a law | ||||
enforcement
officer for display of evidence of insurance, as | ||||
required under Section
7-602 of this Code, shall be deemed to | ||||
be operating an uninsured motor vehicle.
| ||||
(c) Any operator of a motor vehicle subject to registration | ||||
under this
Code
who is convicted of violating this Section is | ||||
guilty of a business
offense and shall be required to pay a | ||||
fine in excess of $500, but
not more than $1,000. However, no | ||||
person charged with violating this
Section shall be convicted | ||||
if such person produces in court satisfactory
evidence that at | ||||
the time of the arrest the motor vehicle was covered by a
| ||||
liability insurance policy in accordance with Section 7-601 of | ||||
this Code.
The chief judge of each circuit may designate an | ||||
officer of the court to
review the documentation demonstrating | ||
that at the time of arrest the motor
vehicle was covered by a | ||
liability insurance policy in accordance with Section
7-601 of | ||
this Code. | ||
(c-1) A person convicted of violating this Section shall | ||
also have his or her driver's license, permit, or privileges | ||
suspended for 3 months. After the expiration of the 3 months, | ||
the person's driver's license, permit, or privileges shall not | ||
be reinstated until he or she has paid a reinstatement fee of | ||
$100. If a person violates this Section while his or her | ||
driver's license, permit, or privileges are suspended under | ||
this subsection (c-1), his or her driver's license, permit, or | ||
privileges shall be suspended for an additional 6 months and | ||
until he or she pays the reinstatement fee.
| ||
(d) A person convicted a third or subsequent time of | ||
violating this
Section or a similar provision of a local | ||
ordinance must give proof to the
Secretary of State of the | ||
person's financial responsibility as defined in
Section 7-315. | ||
The person must maintain the proof in a manner satisfactory to
| ||
the Secretary for a minimum period of 3 years
one year after | ||
the date the proof is
first filed. The Secretary must suspend | ||
the driver's license of any person
determined by the Secretary | ||
not to have provided adequate proof of financial
responsibility | ||
as required by this subsection.
| ||
(Source: P.A. 94-1035, eff. 7-1-07.)
| ||
Section 5. The Unified Code of Corrections is amended by | ||
changing
Section 5-6-3.1 as follows:
| ||
(730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
| ||
Sec. 5-6-3.1. Incidents and Conditions of Supervision.
| ||
(a) When a defendant is placed on supervision, the court | ||
shall enter
an order for supervision specifying the period of | ||
such supervision, and
shall defer further proceedings in the | ||
case until the conclusion of the
period.
| ||
(b) The period of supervision shall be reasonable under all | ||
of the
circumstances of the case, but may not be longer than 2 | ||
years, unless the
defendant has failed to pay the assessment | ||
required by Section 10.3 of the
Cannabis Control Act,
Section | ||
411.2 of the Illinois Controlled
Substances Act, or Section 80 | ||
of the Methamphetamine Control and Community Protection Act, in | ||
which case the court may extend supervision beyond 2 years.
| ||
Additionally, the court shall order the defendant to 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,
when the offense (1) was
| ||
related to or in furtherance of the criminal activities of an | ||
organized gang or
was motivated by the defendant's membership | ||
in or allegiance to an organized
gang; or (2) is a violation of | ||
any Section of Article 24 of the Criminal
Code of 1961 where a | ||
disposition of supervision is not prohibited by Section
5-6-1 | ||
of this Code.
The
community service shall include, but not be | ||
limited to, the cleanup and repair
of any damage caused by | ||
violation of Section 21-1.3 of the Criminal Code of
1961 and | ||
similar damages to property located within the municipality or | ||
county
in which the violation occurred. Where possible and | ||
reasonable, the community
service should be performed in the | ||
offender's neighborhood.
| ||
For the purposes of this
Section, "organized gang" has the | ||
meaning ascribed to it in Section 10 of the
Illinois Streetgang | ||
Terrorism Omnibus Prevention Act.
| ||
(c) 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) make a report to and appear in person before or | ||
participate with
the court or such courts, person, or | ||
social service agency as directed
by the court in the order | ||
of supervision;
| ||
(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) refrain from possessing a firearm or other | ||
dangerous weapon;
| ||
(8) 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; or
| ||
(v) with the consent of the superintendent of the
| ||
facility, attend an educational program at a facility | ||
other than the school
in which the
offense was | ||
committed if he
or she is placed on supervision for a | ||
crime of violence as
defined in
Section 2 of the Crime | ||
Victims Compensation Act committed in a school, on the
| ||
real
property
comprising a school, or within 1,000 feet | ||
of the real property comprising a
school;
| ||
(9) make restitution or reparation in an amount not to | ||
exceed actual
loss or damage to property and pecuniary loss | ||
or make restitution under Section
5-5-6 to a domestic | ||
violence shelter. The court shall
determine the amount and | ||
conditions of payment;
| ||
(10) perform some reasonable public or community | ||
service;
| ||
(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 or
an order of protection | ||
issued by the court of another state, tribe, or United
| ||
States territory.
If the court has ordered the defendant to | ||
make a report and appear in
person under paragraph (1) of | ||
this subsection, a copy of the order of
protection shall be | ||
transmitted to the person or agency so designated
by the | ||
court;
| ||
(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;
| ||
(15) refrain from having any contact, directly or | ||
indirectly, with
certain specified persons or particular | ||
types of person, 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, the Illinois Controlled
Substances Act, or the | ||
Methamphetamine Control and Community Protection 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;
| ||
(17) refrain from operating any motor vehicle not | ||
equipped with an
ignition interlock device as defined in | ||
Section 1-129.1 of the Illinois
Vehicle Code. Under this | ||
condition the court may allow a defendant who is not
| ||
self-employed to operate a vehicle owned by the defendant's | ||
employer that is
not equipped with an ignition interlock | ||
device in the course and scope of the
defendant's | ||
employment; and
| ||
(18) if placed on supervision for a sex offense as | ||
defined in subsection (a-5) of Section 3-1-2 of this Code, | ||
unless the offender is a parent or guardian of the person | ||
under 18 years of age present in the home and no | ||
non-familial minors are present, not participate in a | ||
holiday event involving
children
under 18 years of age, | ||
such as distributing candy or other items to children on
| ||
Halloween,
wearing a Santa Claus costume on or preceding | ||
Christmas, being employed as a
department store Santa | ||
Claus, or wearing an Easter Bunny costume on or
preceding
| ||
Easter. | ||
(d) The court shall defer entering any judgment on the | ||
charges
until the conclusion of the supervision.
| ||
(e) At the conclusion of the period of supervision, if the | ||
court
determines that the defendant has successfully complied | ||
with all of the
conditions of supervision, the court shall | ||
discharge the defendant and
enter a judgment dismissing the | ||
charges.
| ||
(f) Discharge and dismissal upon a successful conclusion of | ||
a
disposition of supervision shall be deemed without | ||
adjudication of guilt
and shall not be termed a conviction for | ||
purposes of disqualification or
disabilities imposed by law | ||
upon conviction of a crime. Two years after the
discharge and | ||
dismissal under this Section, unless the disposition of
| ||
supervision was for a violation of Sections 3-707, 3-708, | ||
3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a | ||
similar
provision of a local ordinance, or for a violation of | ||
Sections 12-3.2
or 16A-3 of the Criminal Code of 1961, in which | ||
case it shall be 5
years after discharge and dismissal, a | ||
person may have his record
of arrest sealed or expunged as may | ||
be provided by law. However, any
defendant placed on | ||
supervision before January 1, 1980, may move for
sealing or | ||
expungement of his arrest record, as provided by law, at any
| ||
time after discharge and dismissal under this Section.
A person | ||
placed on supervision for a sexual offense committed against a | ||
minor
as defined in subsection (g) of Section 5 of the Criminal | ||
Identification Act
or for a violation of Section 11-501 of the | ||
Illinois Vehicle Code or a
similar provision of a local | ||
ordinance
shall not have his or her record of arrest sealed or | ||
expunged.
| ||
(g) A defendant placed on supervision and who during the | ||
period of
supervision 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 the costs | ||
incidental to such mandatory drug or alcohol
testing, or both, | ||
and 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, of all defendants placed on | ||
supervision.
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) A disposition of supervision is a final order for the | ||
purposes
of appeal.
| ||
(i) The court shall impose upon a defendant placed on | ||
supervision
after January 1, 1992 or to community service under | ||
the supervision of a
probation or court services department | ||
after January 1, 2004, as a condition
of supervision or | ||
supervised community service, a fee of $50 for
each month of | ||
supervision or supervised community service ordered by the
| ||
court, unless after
determining the inability of the person | ||
placed on supervision or supervised
community service 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 a
defendant 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 pursuant to Section 15.1 of the | ||
Probation and
Probation Officers Act.
| ||
A circuit court may not impose a probation fee in excess of | ||
$25
per month unless: (1) the circuit court has adopted, by | ||
administrative
order issued by the chief judge, a standard | ||
probation fee guide
determining an offender's ability to pay, | ||
under guidelines developed by
the Administrative
Office of the | ||
Illinois Courts; and (2) the circuit court has authorized, by
| ||
administrative order issued by the chief judge, the creation of | ||
a Crime
Victim's Services Fund, to be administered by the Chief | ||
Judge or his or
her designee, for services to crime victims and | ||
their families. Of the
amount collected as a probation fee, not | ||
to exceed $5 of that fee
collected per month may be used to | ||
provide services to crime victims
and their families.
| ||
(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.
| ||
(k) A defendant at least 17 years of age who is placed on | ||
supervision
for a misdemeanor in a county of 3,000,000 or more | ||
inhabitants
and who has not been previously convicted of a | ||
misdemeanor or felony
may as a condition of his or her | ||
supervision 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 approved by the court. The
| ||
defendant placed on supervision must attend a public | ||
institution of education
to obtain the educational or | ||
vocational training required by this subsection
(k). The | ||
defendant placed on supervision 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 revoke the | ||
supervision of a person who wilfully fails
to comply with this | ||
subsection (k). The court shall resentence the defendant
upon | ||
revocation of supervision as provided in Section 5-6-4. This | ||
subsection
(k) does not apply to a defendant who has a high | ||
school diploma or has
successfully passed the GED test. This | ||
subsection (k) 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.
| ||
(l) The court shall require a defendant placed on | ||
supervision for
possession of a substance
prohibited by the | ||
Cannabis Control Act, the Illinois Controlled Substances Act, | ||
or the Methamphetamine Control and Community Protection Act
| ||
after a previous conviction or disposition of supervision for | ||
possession of a
substance prohibited by the Cannabis Control | ||
Act, the Illinois Controlled
Substances Act, or the | ||
Methamphetamine Control and Community Protection Act or a | ||
sentence of probation under Section 10 of the Cannabis
Control | ||
Act or Section 410 of the Illinois Controlled Substances Act
| ||
and after a finding by the court that the person is addicted, | ||
to undergo
treatment at a substance abuse program approved by | ||
the court.
| ||
(m) The Secretary of State shall require anyone placed on | ||
court supervision
for a
violation of Section 3-707 of the | ||
Illinois Vehicle Code or a similar provision
of a local | ||
ordinance
to give proof of his or her financial
responsibility | ||
as
defined in Section 7-315 of the Illinois Vehicle Code. The | ||
proof shall be
maintained by the individual in a manner | ||
satisfactory to the Secretary of State
for
a
minimum period of | ||
3 years
one year after the date the proof is first filed.
The | ||
proof shall be limited to a single action per arrest and may | ||
not be
affected by any post-sentence disposition. The Secretary | ||
of State shall
suspend the driver's license of any person
| ||
determined by the Secretary to be in violation of this | ||
subsection. | ||
(n) Any offender placed on supervision for any offense that | ||
the court or probation department has determined to be sexually | ||
motivated as defined in the Sex Offender Management Board Act | ||
shall be required to refrain from any contact, directly or | ||
indirectly, with any persons specified by the court and shall | ||
be available for all evaluations and treatment programs | ||
required by the court or the probation department.
| ||
(o) An offender placed on supervision for a sex offense as | ||
defined in the Sex Offender
Management Board Act shall refrain | ||
from residing at the same address or in the same condominium | ||
unit or apartment unit or in the same condominium complex or | ||
apartment complex with another person he or she knows or | ||
reasonably should know is a convicted sex offender or has been | ||
placed on supervision for a sex offense. The provisions of this | ||
subsection (o) do not apply to a person convicted of a sex | ||
offense who is placed in a Department of Corrections licensed | ||
transitional housing facility for sex offenders. | ||
(Source: P.A. 93-475, eff. 8-8-03; 93-970, eff. 8-20-04; | ||
94-159, eff. 7-11-05; 94-161, eff. 7-11-05; 94-556, eff. | ||
9-11-05; revised 8-19-05.)
| ||