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Public Act 098-0169
Public Act 0169 98TH GENERAL ASSEMBLY
|
Public Act 098-0169
| | HB1010 Enrolled | LRB098 07990 MLW 38080 b |
|
| AN ACT concerning criminal law, which may be referred to as | "Patricia's Law".
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. 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)
| (Text of Section before amendment by P.A. 97-831) | 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 or the Criminal Code of 2012 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 or the Criminal Code of 2012. | (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 or the Criminal Code of 2012: Sections
| 11-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6; | 31-7; paragraphs (2) and (3) of subsection (a) 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)
a 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.
| (c-5) Subsections (a), (b), and (c) of this Section do not | apply to a defendant charged with a second or subsequent | violation of Section 6-303 of the Illinois Vehicle Code | committed while his or her driver's license, permit or | privileges were revoked because of a violation of Section 9-3 | of the Criminal Code of 1961 or the Criminal Code of 2012, | relating to the offense of reckless homicide, or a similar | provision of a law of another state.
| (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 16-25 or 16A-3 of the | Criminal Code of 1961 or the Criminal Code of 2012 if said
| defendant has within the last 5 years been:
| (1) convicted for a violation of Section 16-25 or 16A-3 | of the Criminal Code of
1961 or the Criminal Code of 2012; | or
| (2) assigned supervision for a violation of Section | 16-25 or 16A-3 of the Criminal
Code of 1961 or the Criminal | Code of 2012.
| The court shall consider the statement of the prosecuting | authority with
regard to the standards set forth in this | Section.
| (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.
| (h-1) The provisions of paragraph (c) shall not apply to a | defendant under the age of 21 years charged with an offense | against traffic regulations governing the movement of vehicles | or any violation of Section 6-107 or Section 12-603.1 of the | Illinois Vehicle Code, 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.
| (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 or a | violation of
Section 11-501.1 or paragraph (b) of Section | 11-401 of the Illinois Vehicle
Code 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.
The | provisions of this paragraph (k) do not apply to a defendant |
| charged with violating Section 11-501 of 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 or a similar provision of a local | ordinance who receives a disposition of supervision under | subsection (c) shall pay an additional fee of $29, to be | collected as provided in Sections 27.5 and 27.6 of the Clerks | of Courts Act. In addition to the $29 fee, the person shall | also pay a fee of $6, 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 $29 fee shall be disbursed as | provided in Section 16-104c of the Illinois Vehicle Code. If | the $6 fee is collected, $5.50 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.
| (m) Any person convicted of, pleading guilty to, or placed | on supervision for a serious traffic violation, as defined in | Section 1-187.001 of the Illinois Vehicle Code, a violation of | Section 11-501 of the Illinois Vehicle Code, or a violation of | a similar provision of a local ordinance shall pay an | additional fee of $35, to be disbursed as provided in Section | 16-104d of that Code. | This subsection (m) becomes inoperative 7 years after | October 13, 2007 (the effective date of Public Act 95-154).
|
| (n)
The provisions of paragraph (c) shall not apply to any | person under the age of 18 who commits an offense against | traffic regulations governing the movement of vehicles or any | violation of Section 6-107 or Section 12-603.1 of the Illinois | Vehicle Code, except upon personal appearance of the defendant | in court and upon the written consent of the defendant's parent | or legal guardian, executed before the presiding judge. The | presiding judge shall have the authority to waive this | requirement upon the showing of good cause by the defendant.
| (o)
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 suspension was for a violation of Section 11-501.1 of the | Illinois Vehicle Code and when: | (1) at the time of the violation of Section 11-501.1 of | the Illinois Vehicle Code, the defendant was a first | offender pursuant to Section 11-500 of the Illinois Vehicle | Code and the defendant failed to obtain a monitoring device | driving permit; or | (2) at the time of the violation of Section 11-501.1 of | the Illinois Vehicle Code, the defendant was a first | offender pursuant to Section 11-500 of the Illinois Vehicle | Code, had subsequently obtained a monitoring device | driving permit, but was driving a vehicle not equipped with | a breath alcohol ignition interlock device as defined in | Section 1-129.1 of the Illinois Vehicle Code.
|
| (p) The provisions of paragraph (c) shall not apply to a | defendant charged with violating subsection (b) of Section | 11-601.5 of the Illinois Vehicle Code or a similar provision of | a local ordinance. | (Source: P.A. 96-253, eff. 8-11-09; 96-286, eff. 8-11-09; | 96-328, eff. 8-11-09; 96-625, eff. 1-1-10; 96-1000, eff. | 7-2-10; 96-1002, eff. 1-1-11; 96-1175, eff. 9-20-10; 96-1551, | eff. 7-1-11; 97-333, eff. 8-12-11; 97-597, eff. 1-1-12; | 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
| (Text of Section after amendment by P.A. 97-831) | 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 or the Criminal Code of 2012 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 or the Criminal Code of 2012. | (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 or the Criminal Code of 2012: Sections
| 11-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6; | 31-7; paragraphs (2) and (3) of subsection (a) 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)
a 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.
| (c-5) Subsections (a), (b), and (c) of this Section do not | apply to a defendant charged with a second or subsequent | violation of Section 6-303 of the Illinois Vehicle Code | committed while his or her driver's license, permit or | privileges were revoked because of a violation of Section 9-3 | of the Criminal Code of 1961 or the Criminal Code of 2012, | relating to the offense of reckless homicide, or a similar | provision of a law of another state.
| (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 16-25 or 16A-3 of the | Criminal Code of 1961 or the Criminal Code of 2012 if said
| defendant has within the last 5 years been:
| (1) convicted for a violation of Section 16-25 or 16A-3 | of the Criminal Code of
1961 or the Criminal Code of 2012; | or
| (2) assigned supervision for a violation of Section | 16-25 or 16A-3 of the Criminal
Code of 1961 or the Criminal | Code of 2012.
| The court shall consider the statement of the prosecuting | authority with
regard to the standards set forth in this | Section.
| (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.
| (h-1) The provisions of paragraph (c) shall not apply to a | defendant under the age of 21 years charged with an offense | against traffic regulations governing the movement of vehicles | or any violation of Section 6-107 or Section 12-603.1 of the | Illinois Vehicle Code, 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.
| (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 or a | violation of
Section 11-501.1 or paragraph (b) of Section | 11-401 of the Illinois Vehicle
Code 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.
The | provisions of this paragraph (k) do not apply to a defendant |
| charged with violating Section 11-501 of 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 or a similar provision of a local | ordinance who receives a disposition of supervision under | subsection (c) shall pay an additional fee of $29, to be | collected as provided in Sections 27.5 and 27.6 of the Clerks | of Courts Act. In addition to the $29 fee, the person shall | also pay a fee of $6, 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 $29 fee shall be disbursed as | provided in Section 16-104c of the Illinois Vehicle Code. If | the $6 fee is collected, $5.50 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.
| (m) Any person convicted of, pleading guilty to, or placed | on supervision for a serious traffic violation, as defined in | Section 1-187.001 of the Illinois Vehicle Code, a violation of | Section 11-501 of the Illinois Vehicle Code, or a violation of | a similar provision of a local ordinance shall pay an | additional fee of $35, to be disbursed as provided in Section | 16-104d of that Code. | This subsection (m) becomes inoperative 7 years after | October 13, 2007 (the effective date of Public Act 95-154).
|
| (n)
The provisions of paragraph (c) shall not apply to any | person under the age of 18 who commits an offense against | traffic regulations governing the movement of vehicles or any | violation of Section 6-107 or Section 12-603.1 of the Illinois | Vehicle Code, except upon personal appearance of the defendant | in court and upon the written consent of the defendant's parent | or legal guardian, executed before the presiding judge. The | presiding judge shall have the authority to waive this | requirement upon the showing of good cause by the defendant.
| (o)
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 suspension was for a violation of Section 11-501.1 of the | Illinois Vehicle Code and when: | (1) at the time of the violation of Section 11-501.1 of | the Illinois Vehicle Code, the defendant was a first | offender pursuant to Section 11-500 of the Illinois Vehicle | Code and the defendant failed to obtain a monitoring device | driving permit; or | (2) at the time of the violation of Section 11-501.1 of | the Illinois Vehicle Code, the defendant was a first | offender pursuant to Section 11-500 of the Illinois Vehicle | Code, had subsequently obtained a monitoring device | driving permit, but was driving a vehicle not equipped with | a breath alcohol ignition interlock device as defined in | Section 1-129.1 of the Illinois Vehicle Code.
|
| (p) The provisions of paragraph (c) shall not apply to a | defendant charged with violating Section 11-601.5 of the | Illinois Vehicle Code or a similar provision of a local | ordinance. | (q) The provisions of paragraph (c) shall not apply to a | defendant charged with violating subsection (b) of Section | 11-601 of the Illinois Vehicle Code when the defendant was | operating a vehicle, in an urban district, at a speed in excess | of 25 miles per hour over the posted speed limit. | (r) 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 if the | violation was the proximate cause of the death of another and | the defendant's driving abstract contains a prior conviction or | disposition of court supervision for any violation of the | Illinois Vehicle Code, other than an equipment violation, or a | suspension, revocation, or cancellation of the driver's | license. | (Source: P.A. 96-253, eff. 8-11-09; 96-286, eff. 8-11-09; | 96-328, eff. 8-11-09; 96-625, eff. 1-1-10; 96-1000, eff. | 7-2-10; 96-1002, eff. 1-1-11; 96-1175, eff. 9-20-10; 96-1551, | eff. 7-1-11; 97-333, eff. 8-12-11; 97-597, eff. 1-1-12; 97-831, | eff. 7-1-13; 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
| Section 95. No acceleration or delay. Where this Act makes | changes in a statute that is represented in this Act by text |
| that is not yet or no longer in effect (for example, a Section | represented by multiple versions), the use of that text does | not accelerate or delay the taking effect of (i) the changes | made by this Act or (ii) provisions derived from any other | Public Act. |
Effective Date: 1/1/2014
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