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| Public Act 095-0302 |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Section 2-120 and adding Section 11-1002.5 as follows:
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(625 ILCS 5/2-120) (from Ch. 95 1/2, par. 2-120)
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Sec. 2-120. Disposition of fines and forfeitures.
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(a) Except as provided in subsection (f) of Section 11-605 | ||||
and subsection (c) of Section 11-1002.5 of
this Code, fines and
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penalties recovered under the provisions of this Act | ||||
administered by the
Secretary of State, except those fines and | ||||
penalties subject to
disbursement by the circuit clerk under | ||||
Section 27.5 of the Clerks of
Courts Act, shall be paid over | ||||
and used as follows:
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1. For violations of this Act committed within the | ||||
limits of an
incorporated city or village, to the treasurer | ||||
of the
particular city or village, if arrested by the | ||||
authorities of the city
or village and reasonably | ||||
prosecuted for all fines and penalties under
this Act by | ||||
the police officers and officials of the city or village.
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2. For violations of this Act committed outside the | ||||
limits of an
incorporated city or village to the county | ||||
treasurer of the court where
the offense was committed.
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3. For the purposes of this Act an offense for | ||
violation of any
provision of this Act not committed upon | ||
the highway shall be deemed to
be committed where the | ||
violator resides or where he has a place of
business | ||
requiring some registration, permit or license to operate | ||
such
business under this Act.
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(b) Failure, refusal or neglect on the part of any
judicial | ||
or other officer or employee receiving or having custody of any
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such fine or forfeiture either before or after a deposit with | ||
the proper
official as defined in paragraph (a) of this | ||
Section, shall constitute
misconduct in office and shall be | ||
grounds for removal therefrom.
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(Source: P.A. 91-531, eff. 1-1-00.)
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(625 ILCS 5/11-1002.5 new)
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Sec. 11-1002.5. Pedestrians' right-of-way at crosswalks; | ||
school zones. | ||
(a) For the purpose of this Section, "school" has the | ||
meaning ascribed to that term in Section 11-605.
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On a school day when school children are present and so | ||
close
thereto
that a potential hazard exists because of the | ||
close proximity of the motorized
traffic and when
traffic | ||
control signals are not in place or not in operation, the | ||
driver of
a vehicle shall yield the right-of-way, slowing down | ||
or stopping if need be to
so yield, to a pedestrian crossing | ||
the roadway within a crosswalk when the pedestrian
is upon the | ||
half of the roadway upon which the vehicle is traveling, or | ||
when
the pedestrian is approaching so closely from the opposite | ||
half of the roadway
as to be in danger.
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For the purpose of this Section, a school day shall begin | ||
at seven ante
meridian and shall conclude at four post | ||
meridian.
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This Section shall not be applicable unless appropriate | ||
signs are posted
in accordance with Section 11-605.
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(b) A first violation of this Section is a petty
offense | ||
with a minimum fine
of $150. A second or subsequent violation | ||
of this
Section is a petty offense with a minimum fine of $300.
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(c) When a fine for a violation of subsection (a) is $150 | ||
or greater,
the person who violates subsection (a) shall be | ||
charged an additional
$50 to be paid to the unit school
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district where the
violation
occurred for school safety | ||
purposes. If the violation occurred in a dual
school district,
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$25 of the surcharge shall be paid to the elementary school | ||
district for school
safety
purposes and $25 of the surcharge | ||
shall be paid to the high school district for
school
safety | ||
purposes. Notwithstanding any other provision of law, the | ||
entire $50
surcharge
shall be paid to the appropriate school | ||
district or districts.
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For purposes of this subsection (c), "school safety | ||
purposes" has the meaning ascribed to that term in Section | ||
11-605.
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Section 10. The Unified Code of Corrections is amended by | ||
changing Section 5-6-1 as follows:
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(730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
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Sec. 5-6-1. Sentences of Probation and of Conditional
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Discharge and Disposition of Supervision.
The General Assembly | ||
finds that in order to protect the public, the
criminal justice | ||
system must compel compliance with the conditions of probation
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by responding to violations with swift, certain and fair | ||
punishments and
intermediate sanctions. The Chief Judge of each | ||
circuit shall adopt a system of
structured, intermediate | ||
sanctions for violations of the terms and conditions
of a | ||
sentence of probation, conditional discharge or disposition of
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supervision.
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(a) Except where specifically prohibited by other
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provisions of this Code, the court shall impose a sentence
of | ||
probation or conditional discharge upon an offender
unless, | ||
having regard to the nature and circumstance of
the offense, | ||
and to the history, character and condition
of the offender, | ||
the court is of the opinion that:
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(1) his imprisonment or periodic imprisonment is | ||
necessary
for the protection of the public; or
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(2) probation or conditional discharge would deprecate
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the seriousness of the offender's conduct and would be
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inconsistent with the ends of justice; or
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(3) a combination of imprisonment with concurrent or | ||
consecutive probation when an offender has been admitted | ||
into a drug court program under Section 20 of the Drug | ||
Court Treatment Act is necessary for the protection of the | ||
public and for the rehabilitation of the offender.
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The court shall impose as a condition of a sentence of | ||
probation,
conditional discharge, or supervision, that the | ||
probation agency may invoke any
sanction from the list of | ||
intermediate sanctions adopted by the chief judge of
the | ||
circuit court for violations of the terms and conditions of the | ||
sentence of
probation, conditional discharge, or supervision, | ||
subject to the provisions of
Section 5-6-4 of this Act.
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(b) The court may impose a sentence of conditional
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discharge for an offense if the court is of the opinion
that | ||
neither a sentence of imprisonment nor of periodic
imprisonment | ||
nor of probation supervision is appropriate.
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(b-1) Subsections (a) and (b) of this Section do not apply | ||
to a defendant charged with a misdemeanor or felony under the | ||
Illinois Vehicle Code or reckless homicide under Section 9-3 of | ||
the Criminal Code of 1961 if the defendant within the past 12 | ||
months has been convicted of or pleaded guilty to a misdemeanor | ||
or felony under the Illinois Vehicle Code or reckless homicide | ||
under Section 9-3 of the Criminal Code of 1961. | ||
(c) The court may, upon a plea of guilty or a stipulation
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by the defendant of the facts supporting the charge or a
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finding of guilt, defer further proceedings and the
imposition | ||
of a sentence, and enter an order for supervision of the | ||
defendant,
if the defendant is not charged with: (i) a Class A | ||
misdemeanor, as
defined by the following provisions of the | ||
Criminal Code of 1961: Sections
11-9.1; 12-3.2; 12-15; 26-5; | ||
31-1; 31-6; 31-7; subsections (b) and (c) of Section
21-1;
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paragraph (1) through (5), (8), (10), and (11) of subsection | ||
(a) of Section
24-1; (ii) a Class A misdemeanor violation of | ||
Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals | ||
Act; or (iii)
felony.
If the defendant
is not barred from | ||
receiving an order for supervision as provided in this
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subsection, the court may enter an order for supervision after | ||
considering the
circumstances of the offense, and the history,
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character and condition of the offender, if the court is of the | ||
opinion
that:
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(1) the offender is not likely to commit further | ||
crimes;
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(2) the defendant and the public would be best served | ||
if the
defendant were not to receive a criminal record; and
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(3) in the best interests of justice an order of | ||
supervision
is more appropriate than a sentence otherwise | ||
permitted under this Code.
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(d) The provisions of paragraph (c) shall not apply to a | ||
defendant charged
with violating Section 11-501 of the Illinois | ||
Vehicle Code or a similar
provision of a local
ordinance when | ||
the defendant has previously been:
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(1) convicted for a violation of Section 11-501 of
the | ||
Illinois Vehicle
Code or a similar provision of a
local | ||
ordinance or any similar law or ordinance of another state; | ||
or
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(2) assigned supervision for a violation of Section | ||
11-501 of the Illinois
Vehicle Code or a similar provision | ||
of a local ordinance or any similar law
or ordinance of | ||
another state; or
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(3) pleaded guilty to or stipulated to the facts | ||
supporting
a charge or a finding of guilty to a violation | ||
of Section 11-503 of the
Illinois Vehicle Code or a similar | ||
provision of a local ordinance or any
similar law or | ||
ordinance of another state, and the
plea or stipulation was | ||
the result of a plea agreement.
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The court shall consider the statement of the prosecuting
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authority with regard to the standards set forth in this | ||
Section.
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(e) The provisions of paragraph (c) shall not apply to a | ||
defendant
charged with violating Section 16A-3 of the Criminal | ||
Code of 1961 if said
defendant has within the last 5 years | ||
been:
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(1) convicted for a violation of Section 16A-3 of the | ||
Criminal Code of
1961; or
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(2) assigned supervision for a violation of Section | ||
16A-3 of the Criminal
Code of 1961.
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The court shall consider the statement of the prosecuting | ||
authority with
regard to the standards set forth in this | ||
Section.
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(f) The provisions of paragraph (c) shall not apply to a | ||
defendant
charged with violating Sections 15-111, 15-112, | ||
15-301, paragraph (b)
of Section 6-104, Section 11-605, Section | ||
11-1002.5, or Section 11-1414
of the Illinois Vehicle Code or a | ||
similar provision of a local ordinance.
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(g) Except as otherwise provided in paragraph (i) of this | ||
Section, the
provisions of paragraph (c) shall not apply to a
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defendant charged with violating Section
3-707, 3-708, 3-710, | ||
or 5-401.3
of the Illinois Vehicle Code or a similar provision | ||
of a local ordinance if the
defendant has within the last 5 | ||
years been:
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(1) convicted for a violation of Section 3-707, 3-708, | ||
3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | ||
provision of a local
ordinance; or
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(2) assigned supervision for a violation of Section | ||
3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle | ||
Code or a similar provision of a local
ordinance.
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The court shall consider the statement of the prosecuting | ||
authority with
regard to the standards set forth in this | ||
Section.
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(h) The provisions of paragraph (c) shall not apply to a | ||
defendant under
the age of 21 years charged with violating a | ||
serious traffic offense as defined
in Section 1-187.001 of the | ||
Illinois Vehicle Code:
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(1) unless the defendant, upon payment of the fines, | ||
penalties, and costs
provided by law, agrees to attend and | ||
successfully complete a traffic safety
program approved by | ||
the court under standards set by the Conference of Chief
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Circuit Judges. The accused shall be responsible for | ||
payment of any traffic
safety program fees. If the accused | ||
fails to file a certificate of
successful completion on or | ||
before the termination date of the supervision
order, the | ||
supervision shall be summarily revoked and conviction | ||
entered. The
provisions of Supreme Court Rule 402 relating | ||
to pleas of guilty do not apply
in cases when a defendant | ||
enters a guilty plea under this provision; or
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(2) if the defendant has previously been sentenced | ||
under the provisions of
paragraph (c) on or after January | ||
1, 1998 for any serious traffic offense as
defined in | ||
Section 1-187.001 of the Illinois Vehicle Code.
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(i) The provisions of paragraph (c) shall not apply to a | ||
defendant charged
with violating Section 3-707 of the Illinois | ||
Vehicle Code or a similar
provision of a local ordinance if the | ||
defendant has been assigned supervision
for a violation of | ||
Section 3-707 of the Illinois Vehicle Code or a similar
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provision of a local ordinance.
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(j) The provisions of paragraph (c) shall not apply to a
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defendant charged with violating
Section 6-303 of the Illinois | ||
Vehicle Code or a similar provision of
a local ordinance when | ||
the revocation or suspension was for a violation of
Section | ||
11-501 or a similar provision of a local ordinance, a violation | ||
of
Section 11-501.1 or paragraph (b) of Section 11-401 of the | ||
Illinois Vehicle
Code, or a violation of Section 9-3 of the | ||
Criminal Code of 1961 if the
defendant has within the last 10 | ||
years been:
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(1) convicted for a violation of Section 6-303 of the | ||
Illinois Vehicle
Code or a similar provision of a local | ||
ordinance; or
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(2) assigned supervision for a violation of Section | ||
6-303 of the Illinois
Vehicle Code or a similar provision | ||
of a local ordinance. | ||
(k) The provisions of paragraph (c) shall not apply to a
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defendant charged with violating
any provision of the Illinois | ||
Vehicle Code or a similar provision of a local ordinance that | ||
governs the movement of vehicles if, within the 12 months | ||
preceding the date of the defendant's arrest, the defendant has | ||
been assigned court supervision on 2 occasions for a violation | ||
that governs the movement of vehicles under the Illinois | ||
Vehicle Code or a similar provision of a local ordinance.
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(l) A defendant charged with violating any provision of the | ||
Illinois Vehicle Code who, after a court appearance in the same | ||
matter, receives a disposition of supervision under subsection | ||
(c) shall pay an additional fee of $20, to be collected as | ||
provided in Sections 27.5 and 27.6 of the Clerks of Courts Act. | ||
In addition to the $20 fee, the person shall also pay a fee of | ||
$5, which, if not waived by the court, shall be collected as | ||
provided in Sections 27.5 and 27.6 of the Clerks of Courts Act. | ||
The $20 fee shall be disbursed as provided in Section 16-104c | ||
of the Illinois Vehicle Code. If the $5 fee is collected, $4.50 | ||
of the fee shall be deposited into the Circuit Court Clerk | ||
Operation and Administrative Fund created by the Clerk of the | ||
Circuit Court and 50 cents of the fee shall be deposited into | ||
the Prisoner Review Board Vehicle and Equipment Fund in the | ||
State treasury.
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(Source: P.A. 93-388, eff. 7-25-03; 93-1014, eff. 1-1-05; | ||
94-169, eff. 1-1-06; 94-330, eff. 1-1-06; 94-375, eff. 1-1-06; | ||
94-1009, eff. 1-1-07.)
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Section 99. Effective date. This Act takes effect January | ||
1, 2008.
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