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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB1341
Introduced 2/10/2009, by Sen. Michael Bond SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/16-104c |
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705 ILCS 105/27.5 |
from Ch. 25, par. 27.5 |
705 ILCS 105/27.6 |
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730 ILCS 5/5-6-1 |
from Ch. 38, par. 1005-6-1 |
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Amends the Illinois Vehicle Code, Clerks of Courts Act, and the Unified Code of Corrections to provide that any person who receives court supervision shall pay an additional fee of $30 (instead of $20). Provides that any person who receives a disposition of court supervision for a Vehicle Code violation or a similar local ordinance shall pay an additional fee of $30 (instead of $20). Provides that $20 of the $30 (instead of the $20) shall be deposited into the State Police Vehicle Fund in the State treasury and $10 of the $30 shall be deposited into the Driver's Education Fund.
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A BILL FOR
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SB1341 |
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LRB096 04410 AJO 14461 b |
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| AN ACT concerning civil law.
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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 |
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| Section 16-104c as follows: |
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| (625 ILCS 5/16-104c) |
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| Sec. 16-104c. Court supervision fees. |
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| (a) Any person who, after a court appearance in the same |
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| matter, receives a disposition of court supervision for a |
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| violation of any provision of this Code or a similar provision |
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| of a local ordinance shall pay an additional fee of $30 $20 , |
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| which shall be disbursed as follows: |
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| (1) if an officer of the Department of State Police |
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| arrested the person for the violation, the $20 of the $30 |
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| fee shall be deposited into the State Police Vehicle Fund |
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| in the State treasury; or
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| (2) if an officer of any law enforcement agency in the |
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| State other than the Department of State Police arrested |
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| the person for the violation, the $20 of the $30 fee shall |
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| be paid to the law enforcement agency that employed the |
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| arresting officer and shall be used for the acquisition or |
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| maintenance of police vehicles ; and .
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| (3) $10 of the $30 fee shall be deposited into the |
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SB1341 |
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LRB096 04410 AJO 14461 b |
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| Drivers Education Fund. |
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| (b) In addition to the fee provided for in subsection (a), |
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| a person who, after a court appearance in the same matter, |
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| receives a disposition of court supervision for any violation |
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| of this Code or a similar provision of a local ordinance shall |
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| also pay an additional fee of $5, if not waived by the court. |
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| Of this $5 fee, $4.50 shall be deposited into the Circuit Court |
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| Clerk Operation and Administrative Fund created by the Clerk of |
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| the Circuit Court and 50 cents shall be deposited into the |
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| Prisoner Review Board Vehicle and Equipment Fund in the State |
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| treasury.
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| (c) The Prisoner Review Board Vehicle and Equipment Fund is |
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| created as a special fund in the State treasury. The Prisoner |
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| Review Board shall, subject to appropriation by the General |
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| Assembly and approval by the Secretary, use all moneys in the |
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| Prisoner Review Board Vehicle and Equipment Fund for the |
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| purchase and operation of vehicles and equipment.
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| (Source: P.A. 94-1009, eff. 1-1-07; 95-428, eff. 8-24-07.) |
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| Section 10. The Clerks of Courts Act is amended by changing |
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| Sections 27.5 and 27.6 as follows:
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| (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
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| Sec. 27.5. (a) All fees, fines, costs, additional |
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| penalties, bail balances
assessed or forfeited, and any other |
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| amount paid by a person to the circuit
clerk that equals an |
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SB1341 |
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LRB096 04410 AJO 14461 b |
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| amount less than $55, except restitution under Section
5-5-6 of |
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| the Unified Code of Corrections, reimbursement for the costs of |
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| an
emergency response as provided under Section 11-501 of the |
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| Illinois Vehicle
Code, any fees collected for attending a |
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| traffic safety program under
paragraph (c) of Supreme Court |
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| Rule 529, any fee collected on behalf of a
State's Attorney |
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| under Section 4-2002 of the Counties Code or a sheriff under
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| Section 4-5001 of the Counties Code, or any cost imposed under |
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| Section 124A-5
of the Code of Criminal Procedure of 1963, for |
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| convictions, orders of
supervision, or any other disposition |
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| for a violation of Chapters 3, 4, 6,
11, and 12 of the Illinois |
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| Vehicle Code, or a similar provision of a local
ordinance, and |
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| any violation of the Child Passenger Protection Act, or a
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| similar provision of a local ordinance, and except as provided |
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| in subsection
(b) shall be disbursed within 60 days after |
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| receipt by the circuit
clerk as follows: 47% shall be disbursed |
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| to the entity authorized by law to
receive the fine imposed in |
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| the case; 12% shall be disbursed to the State
Treasurer; and |
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| 41% shall be disbursed to the county's general corporate fund.
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| Of the 12% disbursed to the State Treasurer, 1/6 shall be |
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| deposited by the
State Treasurer into the Violent Crime Victims |
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| Assistance Fund, 1/2 shall be
deposited into the Traffic and |
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| Criminal Conviction Surcharge Fund, and 1/3
shall be deposited |
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| into the Drivers Education Fund. For fiscal years 1992 and
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| 1993, amounts deposited into the Violent Crime Victims |
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| Assistance Fund, the
Traffic and Criminal Conviction Surcharge |
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LRB096 04410 AJO 14461 b |
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| Fund, or the Drivers Education Fund
shall not exceed 110% of |
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| the amounts deposited into those funds in fiscal year
1991. Any |
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| amount that exceeds the 110% limit shall be distributed as |
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| follows:
50% shall be disbursed to the county's general |
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| corporate fund and 50% shall be
disbursed to the entity |
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| authorized by law to receive the fine imposed in the
case. Not |
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| later than March 1 of each year the circuit clerk
shall submit |
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| a report of the amount of funds remitted to the State
Treasurer |
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| under this Section during the preceding year based upon
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| independent verification of fines and fees. All counties shall |
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| be subject
to this Section, except that counties with a |
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| population under 2,000,000
may, by ordinance, elect not to be |
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| subject to this Section. For offenses
subject to this Section, |
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| judges shall impose one total sum of money payable
for |
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| violations. The circuit clerk may add on no additional amounts |
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| except
for amounts that are required by Sections 27.3a and |
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| 27.3c of
this Act, unless those amounts are specifically waived |
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| by the judge. With
respect to money collected by the circuit |
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| clerk as a result of
forfeiture of bail, ex parte judgment or |
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| guilty plea pursuant to Supreme
Court Rule 529, the circuit |
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| clerk shall first deduct and pay amounts
required by Sections |
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| 27.3a and 27.3c of this Act. This Section is a denial
and |
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| limitation of home rule powers and functions under subsection |
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| (h) of
Section 6 of Article VII of the Illinois Constitution.
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| (b) The following amounts must be remitted to the State |
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| Treasurer for
deposit into the Illinois Animal Abuse Fund:
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LRB096 04410 AJO 14461 b |
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| (1) 50% of the amounts collected for felony offenses |
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| under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, |
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| 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for |
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| Animals Act and Section 26-5 of the Criminal Code of
1961;
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| (2) 20% of the amounts collected for Class A and Class |
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| B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, |
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| 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care |
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| for Animals Act and Section 26-5 of the Criminal
Code of |
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| 1961; and
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| (3) 50% of the amounts collected for Class C |
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| misdemeanors under
Sections 4.01 and 7.1 of the Humane Care |
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| for Animals Act and Section 26-5
of the Criminal Code of |
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| 1961.
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| (c) Any person who receives a disposition of court |
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| supervision for a violation of the Illinois Vehicle Code or a |
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| similar provision of a local ordinance shall, in addition to |
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| any other fines, fees, and court costs, pay an additional fee |
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| of $30 $20 , to be disbursed as provided in Section 16-104c of |
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| the Illinois Vehicle Code. In addition to the fee of $30 $20 , |
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| the person shall also pay a fee of $5, if not waived by the |
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| court. If this $5 fee is collected, $4.50 of the fee shall be |
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| deposited into the Circuit Court Clerk Operation and |
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| Administrative Fund created by the Clerk of the Circuit Court |
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| and 50 cents of the fee shall be deposited into the Prisoner |
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| Review Board Vehicle and Equipment Fund in the State treasury. |
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| (d) Any person convicted of or pleading guilty to a serious |
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LRB096 04410 AJO 14461 b |
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| traffic violation, as defined in Section 1-187.001 of the |
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| Illinois Vehicle Code, shall pay an additional fee of $20, to |
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| be disbursed as provided in Section 16-104d of that Code. |
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| This subsection (d) becomes inoperative 7 years after the |
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| effective date of Public Act 95-154.
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| (Source: P.A. 94-1009, eff. 1-1-07; 95-154, eff. 10-13-07; |
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| 95-428, eff. 8-24-07; 95-876, eff. 8-21-08.)
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| (705 ILCS 105/27.6)
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| Sec. 27.6. (a) All fees, fines, costs, additional |
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| penalties, bail balances
assessed or forfeited, and any other |
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| amount paid by a person to the circuit
clerk equalling an |
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| amount of $55 or more, except the fine imposed by Section |
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| 5-9-1.15
of the Unified Code of Corrections, the additional fee |
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| required
by subsections (b) and (c), restitution under Section |
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| 5-5-6 of the
Unified Code of Corrections, reimbursement for the |
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| costs of an emergency
response as provided under Section 11-501 |
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| of the Illinois Vehicle Code,
any fees collected for attending |
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| a traffic safety program under paragraph (c)
of Supreme Court |
19 |
| Rule 529, any fee collected on behalf of a State's Attorney
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| under Section 4-2002 of the Counties Code or a sheriff under |
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| Section 4-5001
of the Counties Code, or any cost imposed under |
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| Section 124A-5 of the Code of
Criminal Procedure of 1963, for |
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| convictions, orders of supervision, or any
other disposition |
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| for a violation of Chapters 3, 4, 6, 11, and 12 of the
Illinois |
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| Vehicle Code, or a similar provision of a local ordinance, and |
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LRB096 04410 AJO 14461 b |
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| any
violation of the Child Passenger Protection Act, or a |
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| similar provision of a
local ordinance, and except as provided |
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| in subsections (d) and (g)
shall be disbursed
within 60 days |
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| after receipt by the circuit
clerk as follows: 44.5% shall be |
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| disbursed to the entity authorized by law to
receive the fine |
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| imposed in the case; 16.825% shall be disbursed to the State
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| Treasurer; and 38.675% shall be disbursed to the county's |
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| general corporate
fund. Of the 16.825% disbursed to the State |
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| Treasurer, 2/17 shall be deposited
by the State Treasurer into |
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| the Violent Crime Victims Assistance Fund, 5.052/17
shall be |
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| deposited into the Traffic and Criminal Conviction Surcharge |
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| Fund,
3/17 shall be deposited into the Drivers Education Fund, |
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| and 6.948/17 shall be
deposited into the Trauma Center Fund. Of |
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| the 6.948/17 deposited into the
Trauma Center Fund from the |
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| 16.825% disbursed to the State Treasurer, 50% shall
be |
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| disbursed to the Department of Public Health and 50% shall be |
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| disbursed to
the Department of Healthcare and Family Services. |
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| For fiscal year 1993, amounts deposited into
the Violent Crime |
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| Victims Assistance Fund, the Traffic and Criminal
Conviction |
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| Surcharge Fund, or the Drivers Education Fund shall not exceed |
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| 110%
of the amounts deposited into those funds in fiscal year |
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| 1991. Any
amount that exceeds the 110% limit shall be |
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| distributed as follows: 50%
shall be disbursed to the county's |
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| general corporate fund and 50% shall be
disbursed to the entity |
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| authorized by law to receive the fine imposed in
the case. Not |
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| later than March 1 of each year the circuit clerk
shall submit |
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SB1341 |
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LRB096 04410 AJO 14461 b |
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| a report of the amount of funds remitted to the State
Treasurer |
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| under this Section during the preceding year based upon
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| independent verification of fines and fees. All counties shall |
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| be subject
to this Section, except that counties with a |
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| population under 2,000,000
may, by ordinance, elect not to be |
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| subject to this Section. For offenses
subject to this Section, |
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| judges shall impose one total sum of money payable
for |
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| violations. The circuit clerk may add on no additional amounts |
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| except
for amounts that are required by Sections 27.3a and |
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| 27.3c of
this Act, unless those amounts are specifically waived |
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| by the judge. With
respect to money collected by the circuit |
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| clerk as a result of
forfeiture of bail, ex parte judgment or |
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| guilty plea pursuant to Supreme
Court Rule 529, the circuit |
14 |
| clerk shall first deduct and pay amounts
required by Sections |
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| 27.3a and 27.3c of this Act. This Section is a denial
and |
16 |
| limitation of home rule powers and functions under subsection |
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| (h) of
Section 6 of Article VII of the Illinois Constitution.
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| (b) In addition to any other fines and court costs assessed |
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| by the courts,
any person convicted or receiving an order of |
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| supervision for driving under
the influence of alcohol or drugs |
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| shall pay an additional fee of $100 to the
clerk of the circuit |
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| court. This amount, less 2 1/2% that shall be used to
defray |
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| administrative costs incurred by the clerk, shall be remitted |
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| by the
clerk to the Treasurer within 60 days after receipt for |
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| deposit into the Trauma
Center Fund. This additional fee of |
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| $100 shall not be considered a part of the
fine for purposes of |
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LRB096 04410 AJO 14461 b |
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| any reduction in the fine for time served either before or
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| after sentencing. Not later than March 1 of each year the |
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| Circuit Clerk shall
submit a report of the amount of funds |
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| remitted to the State Treasurer under
this subsection during |
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| the preceding calendar year.
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| (b-1) In addition to any other fines and court costs |
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| assessed by the courts,
any person convicted or receiving an |
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| order of supervision for driving under the
influence of alcohol |
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| or drugs shall pay an additional fee of $5 to the clerk
of the |
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| circuit court. This amount, less
2 1/2% that shall be used to |
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| defray administrative costs incurred by the clerk,
shall be |
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| remitted by the clerk to the Treasurer within 60 days after |
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| receipt
for deposit into the Spinal Cord Injury Paralysis Cure |
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| Research Trust Fund.
This additional fee of $5 shall not
be |
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| considered a part of the fine for purposes of any reduction in |
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| the fine for
time served either before or after sentencing. Not |
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| later than March 1 of each
year the Circuit Clerk shall submit |
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| a report of the amount of funds remitted to
the State Treasurer |
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| under this subsection during the preceding calendar
year.
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| (c) In addition to any other fines and court costs assessed |
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| by the courts,
any person convicted for a violation of Sections |
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| 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or a |
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| person sentenced for a violation of the Cannabis
Control Act, |
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| the Illinois Controlled Substances Act, or the Methamphetamine |
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| Control and Community Protection Act
shall pay an additional |
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| fee of $100 to the clerk
of the circuit court. This amount, |
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LRB096 04410 AJO 14461 b |
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| less
2 1/2% that shall be used to defray administrative costs |
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| incurred by the clerk,
shall be remitted by the clerk to the |
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| Treasurer within 60 days after receipt
for deposit into the |
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| Trauma Center Fund. This additional fee of $100 shall not
be |
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| considered a part of the fine for purposes of any reduction in |
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| the fine for
time served either before or after sentencing. Not |
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| later than March 1 of each
year the Circuit Clerk shall submit |
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| a report of the amount of funds remitted to
the State Treasurer |
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| under this subsection during the preceding calendar year.
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| (c-1) In addition to any other fines and court costs |
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| assessed by the
courts, any person sentenced for a violation of |
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| the Cannabis Control Act,
the Illinois Controlled Substances |
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| Act, or the Methamphetamine Control and Community Protection |
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| Act shall pay an additional fee of $5 to the
clerk of the |
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| circuit court. This amount, less 2 1/2% that shall be used to
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| defray administrative costs incurred by the clerk, shall be |
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| remitted by the
clerk to the Treasurer within 60 days after |
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| receipt for deposit into the Spinal
Cord Injury Paralysis Cure |
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| Research Trust Fund. This additional fee of $5
shall not be |
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| considered a part of the fine for purposes of any reduction in |
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| the
fine for time served either before or after sentencing. Not |
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| later than March 1
of each year the Circuit Clerk shall submit |
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| a report of the amount of funds
remitted to the State Treasurer |
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| under this subsection during the preceding
calendar year.
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| (d) The following amounts must be remitted to the State |
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| Treasurer for
deposit into the Illinois Animal Abuse Fund:
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LRB096 04410 AJO 14461 b |
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| (1) 50% of the amounts collected for felony offenses |
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| under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, |
3 |
| 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for |
4 |
| Animals Act and Section 26-5 of the Criminal Code of
1961;
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| (2) 20% of the amounts collected for Class A and Class |
6 |
| B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, |
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| 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care |
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| for Animals Act and Section 26-5 of the Criminal
Code of |
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| 1961; and
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| (3) 50% of the amounts collected for Class C |
11 |
| misdemeanors under Sections
4.01 and 7.1 of the Humane Care |
12 |
| for Animals Act and Section 26-5 of the
Criminal Code of |
13 |
| 1961.
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| (e) Any person who receives a disposition of court |
15 |
| supervision for a violation of the Illinois Vehicle Code or a |
16 |
| similar provision of a local ordinance shall, in addition to |
17 |
| any other fines, fees, and court costs, pay an additional fee |
18 |
| of $30 $20 , to be disbursed as provided in Section 16-104c of |
19 |
| the Illinois Vehicle Code. In addition to the fee of $30 $20 , |
20 |
| the person shall also pay a fee of $5, if not waived by the |
21 |
| court. If this $5 fee is collected, $4.50 of the fee shall be |
22 |
| deposited into the Circuit Court Clerk Operation and |
23 |
| Administrative Fund created by the Clerk of the Circuit Court |
24 |
| and 50 cents of the fee shall be deposited into the Prisoner |
25 |
| Review Board Vehicle and Equipment Fund in the State treasury.
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| (f) This Section does not apply to the additional child |
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SB1341 |
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LRB096 04410 AJO 14461 b |
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| pornography fines assessed and collected under Section |
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| 5-9-1.14 of the Unified Code of Corrections.
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| (g)
Of the amounts collected as fines under subsection (b) |
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| of Section 3-712 of the Illinois Vehicle Code, 99% shall be |
5 |
| deposited into the Illinois Military Family Relief Fund and 1% |
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| shall be deposited into the Circuit Court Clerk Operation and |
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| Administrative Fund created by the Clerk of the Circuit Court |
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| to be used to offset the costs incurred by the Circuit Court |
9 |
| Clerk in performing the additional duties required to collect |
10 |
| and disburse funds to entities of State and local government as |
11 |
| provided by law.
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| (Source: P.A. 94-556, eff. 9-11-05; 94-1009, eff. 1-1-07; |
13 |
| 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428, eff. 8-24-07; |
14 |
| 95-600, eff. 6-1-08; 95-876, eff. 8-21-08.) |
15 |
| Section 15. The Unified Code of Corrections is amended by |
16 |
| changing Section 5-6-1 as follows:
|
17 |
| (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
|
19 |
| Discharge and Disposition of Supervision.
The General Assembly |
20 |
| finds that in order to protect the public, the
criminal justice |
21 |
| system must compel compliance with the conditions of probation
|
22 |
| by responding to violations with swift, certain and fair |
23 |
| punishments and
intermediate sanctions. The Chief Judge of each |
24 |
| circuit shall adopt a system of
structured, intermediate |
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SB1341 |
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LRB096 04410 AJO 14461 b |
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|
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| sanctions for violations of the terms and conditions
of a |
2 |
| sentence of probation, conditional discharge or disposition of
|
3 |
| 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 |
6 |
| probation or conditional discharge upon an offender
unless, |
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| having regard to the nature and circumstance of
the offense, |
8 |
| and to the history, character and condition
of the offender, |
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| the court is of the opinion that:
|
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| (1) his imprisonment or periodic imprisonment is |
11 |
| 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 |
16 |
| consecutive probation when an offender has been admitted |
17 |
| into a drug court program under Section 20 of the Drug |
18 |
| Court Treatment Act is necessary for the protection of the |
19 |
| public and for the rehabilitation of the offender.
|
20 |
| The court shall impose as a condition of a sentence of |
21 |
| probation,
conditional discharge, or supervision, that the |
22 |
| probation agency may invoke any
sanction from the list of |
23 |
| intermediate sanctions adopted by the chief judge of
the |
24 |
| circuit court for violations of the terms and conditions of the |
25 |
| sentence of
probation, conditional discharge, or supervision, |
26 |
| subject to the provisions of
Section 5-6-4 of this Act.
|
|
|
|
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|
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| (b) The court may impose a sentence of conditional
|
2 |
| discharge for an offense if the court is of the opinion
that |
3 |
| neither a sentence of imprisonment nor of periodic
imprisonment |
4 |
| nor of probation supervision is appropriate.
|
5 |
| (b-1) Subsections (a) and (b) of this Section do not apply |
6 |
| to a defendant charged with a misdemeanor or felony under the |
7 |
| Illinois Vehicle Code or reckless homicide under Section 9-3 of |
8 |
| the Criminal Code of 1961 if the defendant within the past 12 |
9 |
| months has been convicted of or pleaded guilty to a misdemeanor |
10 |
| or felony under the Illinois Vehicle Code or reckless homicide |
11 |
| under Section 9-3 of the Criminal Code of 1961. |
12 |
| (c) The court may, upon a plea of guilty or a stipulation
|
13 |
| by the defendant of the facts supporting the charge or a
|
14 |
| finding of guilt, defer further proceedings and the
imposition |
15 |
| of a sentence, and enter an order for supervision of the |
16 |
| defendant,
if the defendant is not charged with: (i) a Class A |
17 |
| misdemeanor, as
defined by the following provisions of the |
18 |
| Criminal Code of 1961: Sections
11-9.1; 12-3.2; 12-15; 26-5; |
19 |
| 31-1; 31-6; 31-7; subsections (b) and (c) of Section
21-1;
|
20 |
| paragraph (1) through (5), (8), (10), and (11) of subsection |
21 |
| (a) of Section
24-1; (ii) a Class A misdemeanor violation of |
22 |
| Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals |
23 |
| Act; or (iii)
a felony.
If the defendant
is not barred from |
24 |
| receiving an order for supervision as provided in this
|
25 |
| subsection, the court may enter an order for supervision after |
26 |
| considering the
circumstances of the offense, and the history,
|
|
|
|
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LRB096 04410 AJO 14461 b |
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| character and condition of the offender, if the court is of the |
2 |
| opinion
that:
|
3 |
| (1) the offender is not likely to commit further |
4 |
| crimes;
|
5 |
| (2) the defendant and the public would be best served |
6 |
| if the
defendant were not to receive a criminal record; and
|
7 |
| (3) in the best interests of justice an order of |
8 |
| supervision
is more appropriate than a sentence otherwise |
9 |
| permitted under this Code.
|
10 |
| (c-5) Subsections (a), (b), and (c) of this Section do not |
11 |
| apply to a defendant charged with a second or subsequent |
12 |
| violation of Section 6-303 of the Illinois Vehicle Code |
13 |
| committed while his or her driver's license, permit or |
14 |
| privileges were revoked because of a violation of Section 9-3 |
15 |
| of the Criminal Code of 1961, relating to the offense of |
16 |
| reckless homicide, or a similar provision of a law of another |
17 |
| state.
|
18 |
| (d) The provisions of paragraph (c) shall not apply to a |
19 |
| defendant charged
with violating Section 11-501 of the Illinois |
20 |
| Vehicle Code or a similar
provision of a local
ordinance when |
21 |
| the defendant has previously been:
|
22 |
| (1) convicted for a violation of Section 11-501 of
the |
23 |
| Illinois Vehicle
Code or a similar provision of a
local |
24 |
| ordinance or any similar law or ordinance of another state; |
25 |
| or
|
26 |
| (2) assigned supervision for a violation of Section |
|
|
|
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LRB096 04410 AJO 14461 b |
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| 11-501 of the Illinois
Vehicle Code or a similar provision |
2 |
| of a local ordinance or any similar law
or ordinance of |
3 |
| another state; or
|
4 |
| (3) pleaded guilty to or stipulated to the facts |
5 |
| supporting
a charge or a finding of guilty to a violation |
6 |
| of Section 11-503 of the
Illinois Vehicle Code or a similar |
7 |
| provision of a local ordinance or any
similar law or |
8 |
| ordinance of another state, and the
plea or stipulation was |
9 |
| the result of a plea agreement.
|
10 |
| The court shall consider the statement of the prosecuting
|
11 |
| authority with regard to the standards set forth in this |
12 |
| Section.
|
13 |
| (e) The provisions of paragraph (c) shall not apply to a |
14 |
| defendant
charged with violating Section 16A-3 of the Criminal |
15 |
| Code of 1961 if said
defendant has within the last 5 years |
16 |
| been:
|
17 |
| (1) convicted for a violation of Section 16A-3 of the |
18 |
| Criminal Code of
1961; or
|
19 |
| (2) assigned supervision for a violation of Section |
20 |
| 16A-3 of the Criminal
Code of 1961.
|
21 |
| The court shall consider the statement of the prosecuting |
22 |
| authority with
regard to the standards set forth in this |
23 |
| Section.
|
24 |
| (f) The provisions of paragraph (c) shall not apply to a |
25 |
| defendant
charged with violating Sections 15-111, 15-112, |
26 |
| 15-301, paragraph (b)
of Section 6-104, Section 11-605, Section |
|
|
|
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LRB096 04410 AJO 14461 b |
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|
1 |
| 11-1002.5, or Section 11-1414
of the Illinois Vehicle Code or a |
2 |
| similar provision of a local ordinance.
|
3 |
| (g) Except as otherwise provided in paragraph (i) of this |
4 |
| Section, the
provisions of paragraph (c) shall not apply to a
|
5 |
| defendant charged with violating Section
3-707, 3-708, 3-710, |
6 |
| or 5-401.3
of the Illinois Vehicle Code or a similar provision |
7 |
| of a local ordinance if the
defendant has within the last 5 |
8 |
| years been:
|
9 |
| (1) convicted for a violation of Section 3-707, 3-708, |
10 |
| 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar |
11 |
| provision of a local
ordinance; or
|
12 |
| (2) assigned supervision for a violation of Section |
13 |
| 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle |
14 |
| Code or a similar provision of a local
ordinance.
|
15 |
| The court shall consider the statement of the prosecuting |
16 |
| authority with
regard to the standards set forth in this |
17 |
| Section.
|
18 |
| (h) The provisions of paragraph (c) shall not apply to a |
19 |
| defendant under
the age of 21 years charged with violating a |
20 |
| serious traffic offense as defined
in Section 1-187.001 of the |
21 |
| Illinois Vehicle Code:
|
22 |
| (1) unless the defendant, upon payment of the fines, |
23 |
| penalties, and costs
provided by law, agrees to attend and |
24 |
| successfully complete a traffic safety
program approved by |
25 |
| the court under standards set by the Conference of Chief
|
26 |
| Circuit Judges. The accused shall be responsible for |
|
|
|
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|
1 |
| payment of any traffic
safety program fees. If the accused |
2 |
| fails to file a certificate of
successful completion on or |
3 |
| before the termination date of the supervision
order, the |
4 |
| supervision shall be summarily revoked and conviction |
5 |
| entered. The
provisions of Supreme Court Rule 402 relating |
6 |
| to pleas of guilty do not apply
in cases when a defendant |
7 |
| enters a guilty plea under this provision; or
|
8 |
| (2) if the defendant has previously been sentenced |
9 |
| under the provisions of
paragraph (c) on or after January |
10 |
| 1, 1998 for any serious traffic offense as
defined in |
11 |
| Section 1-187.001 of the Illinois Vehicle Code.
|
12 |
| (h-1) The provisions of paragraph (c) shall not apply to a |
13 |
| defendant under the age of 21 years charged with an offense |
14 |
| against traffic regulations governing the movement of vehicles |
15 |
| or any violation of Section 6-107 or Section 12-603.1 of the |
16 |
| Illinois Vehicle Code, unless the defendant, upon payment of |
17 |
| the fines, penalties, and costs provided by law, agrees to |
18 |
| attend and successfully complete a traffic safety program |
19 |
| approved by the court under standards set by the Conference of |
20 |
| Chief Circuit Judges. The accused shall be responsible for |
21 |
| payment of any traffic safety program fees. If the accused |
22 |
| fails to file a certificate of successful completion on or |
23 |
| before the termination date of the supervision order, the |
24 |
| supervision shall be summarily revoked and conviction entered. |
25 |
| The provisions of Supreme Court Rule 402 relating to pleas of |
26 |
| guilty do not apply in cases when a defendant enters a guilty |
|
|
|
SB1341 |
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LRB096 04410 AJO 14461 b |
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|
1 |
| plea under this provision.
|
2 |
| (i) The provisions of paragraph (c) shall not apply to a |
3 |
| defendant charged
with violating Section 3-707 of the Illinois |
4 |
| Vehicle Code or a similar
provision of a local ordinance if the |
5 |
| defendant has been assigned supervision
for a violation of |
6 |
| Section 3-707 of the Illinois Vehicle Code or a similar
|
7 |
| provision of a local ordinance.
|
8 |
| (j) The provisions of paragraph (c) shall not apply to a
|
9 |
| defendant charged with violating
Section 6-303 of the Illinois |
10 |
| Vehicle Code or a similar provision of
a local ordinance when |
11 |
| the revocation or suspension was for a violation of
Section |
12 |
| 11-501 or a similar provision of a local ordinance or a |
13 |
| violation of
Section 11-501.1 or paragraph (b) of Section |
14 |
| 11-401 of the Illinois Vehicle
Code if the
defendant has within |
15 |
| the last 10 years been:
|
16 |
| (1) convicted for a violation of Section 6-303 of the |
17 |
| Illinois Vehicle
Code or a similar provision of a local |
18 |
| ordinance; or
|
19 |
| (2) assigned supervision for a violation of Section |
20 |
| 6-303 of the Illinois
Vehicle Code or a similar provision |
21 |
| of a local ordinance. |
22 |
| (k) The provisions of paragraph (c) shall not apply to a
|
23 |
| defendant charged with violating
any provision of the Illinois |
24 |
| Vehicle Code or a similar provision of a local ordinance that |
25 |
| governs the movement of vehicles if, within the 12 months |
26 |
| preceding the date of the defendant's arrest, the defendant has |
|
|
|
SB1341 |
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LRB096 04410 AJO 14461 b |
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|
1 |
| been assigned court supervision on 2 occasions for a violation |
2 |
| that governs the movement of vehicles under the Illinois |
3 |
| Vehicle Code or a similar provision of a local ordinance.
|
4 |
| (l) A defendant charged with violating any provision of the |
5 |
| Illinois Vehicle Code or a similar provision of a local |
6 |
| ordinance who, after a court appearance in the same matter, |
7 |
| receives a disposition of supervision under subsection (c) |
8 |
| shall pay an additional fee of $30 $20 , to be collected as |
9 |
| provided in Sections 27.5 and 27.6 of the Clerks of Courts Act. |
10 |
| In addition to the $30 $20 fee, the person shall also pay a fee |
11 |
| of $5, which, if not waived by the court, shall be collected as |
12 |
| provided in Sections 27.5 and 27.6 of the Clerks of Courts Act. |
13 |
| The $20 fee shall be disbursed as provided in Section 16-104c |
14 |
| of the Illinois Vehicle Code. If the $5 fee is collected, $4.50 |
15 |
| of the fee shall be deposited into the Circuit Court Clerk |
16 |
| Operation and Administrative Fund created by the Clerk of the |
17 |
| Circuit Court and 50 cents of the fee shall be deposited into |
18 |
| the Prisoner Review Board Vehicle and Equipment Fund in the |
19 |
| State treasury.
|
20 |
| (m) Any person convicted of or pleading guilty to a serious |
21 |
| traffic violation, as defined in Section 1-187.001 of the |
22 |
| Illinois Vehicle Code, shall pay an additional fee of $20, to |
23 |
| be disbursed as provided in Section 16-104d of that Code. |
24 |
| This subsection (m) becomes inoperative 7 years after |
25 |
| October 13, 2007 (the effective date of Public Act 95-154).
|
26 |
| (n)
The provisions of paragraph (c) shall not apply to any |
|
|
|
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LRB096 04410 AJO 14461 b |
|
|
1 |
| person under the age of 18 who commits an offense against |
2 |
| traffic regulations governing the movement of vehicles or any |
3 |
| violation of Section 6-107 or Section 12-603.1 of the Illinois |
4 |
| Vehicle Code, except upon personal appearance of the defendant |
5 |
| in court and upon the written consent of the defendant's parent |
6 |
| or legal guardian, executed before the presiding judge. The |
7 |
| presiding judge shall have the authority to waive this |
8 |
| requirement upon the showing of good cause by the defendant.
|
9 |
| (o)
The provisions of paragraph (c) shall not apply to a |
10 |
| defendant charged with violating Section 6-303 of the Illinois |
11 |
| Vehicle Code or a similar provision of a local ordinance when |
12 |
| the suspension was for a violation of Section 11-501.1 of the |
13 |
| Illinois Vehicle Code and when: |
14 |
| (1) at the time of the violation of Section 11-501.1 of |
15 |
| the Illinois Vehicle Code, the defendant was a first |
16 |
| offender pursuant to Section 11-500 of the Illinois Vehicle |
17 |
| Code and the defendant failed to obtain a monitoring device |
18 |
| driving permit; or |
19 |
| (2) at the time of the violation of Section 11-501.1 of |
20 |
| the Illinois Vehicle Code, the defendant was a first |
21 |
| offender pursuant to Section 11-500 of the Illinois Vehicle |
22 |
| Code, had subsequently obtained a monitoring device |
23 |
| driving permit, but was driving a vehicle not equipped with |
24 |
| a breath alcohol ignition interlock device as defined in |
25 |
| Section 1-129.1 of the Illinois Vehicle Code.
|
26 |
| (Source: P.A. 94-169, eff. 1-1-06; 94-330, eff. 1-1-06; 94-375, |