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Public Act 095-0302
Public Act 0302 95TH GENERAL ASSEMBLY
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Public Act 095-0302
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| SB0441 Enrolled |
LRB095 10756 DRH 30998 b |
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| AN ACT concerning transportation.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Illinois Vehicle Code is amended by changing | Section 2-120 and adding Section 11-1002.5 as follows:
| (625 ILCS 5/2-120) (from Ch. 95 1/2, par. 2-120)
| Sec. 2-120. Disposition of fines and forfeitures.
| (a) Except as provided in subsection (f) of Section 11-605 | and subsection (c) of Section 11-1002.5 of
this Code, fines and
| 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:
| 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.
| 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.
| (b) Failure, refusal or neglect on the part of any
judicial | or other officer or employee receiving or having custody of any
| 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.
| (Source: P.A. 91-531, eff. 1-1-00.)
| (625 ILCS 5/11-1002.5 new)
| 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.
| 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.
| For the purpose of this Section, a school day shall begin | at seven ante
meridian and shall conclude at four post | meridian.
| This Section shall not be applicable unless appropriate | signs are posted
in accordance with Section 11-605.
| (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.
| (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
| district where the
violation
occurred for school safety | purposes. If the violation occurred in a dual
school district,
| $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.
| 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:
| (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
| Sec. 5-6-1. Sentences of Probation and of Conditional
| 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
| 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
| supervision.
| (a) Except where specifically prohibited by other
| 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:
| (1) his imprisonment or periodic imprisonment is | necessary
for the protection of the public; or
| (2) probation or conditional discharge would deprecate
| the seriousness of the offender's conduct and would be
| inconsistent with the ends of justice; or
| (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.
| 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.
| (b) The court may impose a sentence of conditional
| 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.
| (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
| by the defendant of the facts supporting the charge or a
| 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;
| 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
| subsection, the court may enter an order for supervision after | considering the
circumstances of the offense, and the history,
| character and condition of the offender, if the court is of the | opinion
that:
| (1) the offender is not likely to commit further | crimes;
| (2) the defendant and the public would be best served | if the
defendant were not to receive a criminal record; and
| (3) in the best interests of justice an order of | supervision
is more appropriate than a sentence otherwise | permitted under this Code.
| (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:
| (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
| (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
| (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.
| The court shall consider the statement of the prosecuting
| authority with regard to the standards set forth in this | Section.
| (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:
| (1) convicted for a violation of Section 16A-3 of the | Criminal Code of
1961; or
| (2) assigned supervision for a violation of Section | 16A-3 of the Criminal
Code of 1961.
| 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.
| (g) Except as otherwise provided in paragraph (i) of this | Section, the
provisions of paragraph (c) shall not apply to a
| 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:
| (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
| (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.
| The court shall consider the statement of the prosecuting | authority with
regard to the standards set forth in this | Section.
| (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:
| (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
| 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
| (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.
| (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
| provision of a local ordinance.
| (j) The provisions of paragraph (c) shall not apply to a
| 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:
| (1) convicted for a violation of Section 6-303 of the | Illinois Vehicle
Code or a similar provision of a local | ordinance; or
| (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
| 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.
| (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.
| (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.)
| Section 99. Effective date. This Act takes effect January | 1, 2008.
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Effective Date: 1/1/2008
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