99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB1453

Introduced , by Rep. Lawrence M. Walsh, Jr.

SYNOPSIS AS INTRODUCED:

730 ILCS 5/5-6-1 from Ch. 38, par. 1005-6-1

Amends the Unified Code of Corrections. Provides that an order of supervision is not available to a defendant charged with speeding 26 miles per hour or more in excess of the applicable maximum speed limit established under the Illinois Vehicle Code or a similar provision of a local ordinance if the defendant has been: (1) previously convicted for that violation or a similar provision of a local ordinance or any similar law of another state; or (2) previously assigned supervision for that violation of the Illinois Vehicle Code or a similar provision of a local ordinance or any similar law of another state (rather than not available for a first-time offender).

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A BILL FOR

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1 AN ACT concerning criminal law.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Unified Code of Corrections is amended by

5 changing Section 5-6-1 as follows:

6 (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)

7 Sec. 5-6-1. Sentences of Probation and of Conditional

8 Discharge and Disposition of Supervision. The General Assembly

9 finds that in order to protect the public, the criminal justice

10 system must compel compliance with the conditions of probation

11 by responding to violations with swift, certain and fair

12 punishments and intermediate sanctions. The Chief Judge of each

13 circuit shall adopt a system of structured, intermediate

14 sanctions for violations of the terms and conditions of a

15 sentence of probation, conditional discharge or disposition of

16 supervision.

17 (a) Except where specifically prohibited by other

18 provisions of this Code, the court shall impose a sentence of

19 probation or conditional discharge upon an offender unless,

20 having regard to the nature and circumstance of the offense,

21 and to the history, character and condition of the offender,

22 the court is of the opinion that:

23 (1) his imprisonment or periodic imprisonment is

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1 necessary for the protection of the public; or

2 (2) probation or conditional discharge would deprecate

3 the seriousness of the offender's conduct and would be

4 inconsistent with the ends of justice; or

5 (3) a combination of imprisonment with concurrent or

6 consecutive probation when an offender has been admitted

7 into a drug court program under Section 20 of the Drug

8 Court Treatment Act is necessary for the protection of the

9 public and for the rehabilitation of the offender.

10 The court shall impose as a condition of a sentence of

11 probation, conditional discharge, or supervision, that the

12 probation agency may invoke any sanction from the list of

13 intermediate sanctions adopted by the chief judge of the

14 circuit court for violations of the terms and conditions of the

15 sentence of probation, conditional discharge, or supervision,

16 subject to the provisions of Section 5-6-4 of this Act.

17 (b) The court may impose a sentence of conditional

18 discharge for an offense if the court is of the opinion that

19 neither a sentence of imprisonment nor of periodic imprisonment

20 nor of probation supervision is appropriate.

21 (b-1) Subsections (a) and (b) of this Section do not apply

22 to a defendant charged with a misdemeanor or felony under the

23 Illinois Vehicle Code or reckless homicide under Section 9-3 of

24 the Criminal Code of 1961 or the Criminal Code of 2012 if the

25 defendant within the past 12 months has been convicted of or

26 pleaded guilty to a misdemeanor or felony under the Illinois

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1 Vehicle Code or reckless homicide under Section 9-3 of the

2 Criminal Code of 1961 or the Criminal Code of 2012.

3 (c) The court may, upon a plea of guilty or a stipulation

4 by the defendant of the facts supporting the charge or a

5 finding of guilt, defer further proceedings and the imposition

6 of a sentence, and enter an order for supervision of the

7 defendant, if the defendant is not charged with: (i) a Class A

8 misdemeanor, as defined by the following provisions of the

9 Criminal Code of 1961 or the Criminal Code of 2012: Sections

10 11-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6;

11 31-7; paragraphs (2) and (3) of subsection (a) of Section 21-1;

12 paragraph (1) through (5), (8), (10), and (11) of subsection

13 (a) of Section 24-1; (ii) a Class A misdemeanor violation of

14 Section 3.01, 3.03-1, or 4.01 of the Humane Care for Animals

15 Act; or (iii) a felony. If the defendant is not barred from

16 receiving an order for supervision as provided in this

17 subsection, the court may enter an order for supervision after

18 considering the circumstances of the offense, and the history,

19 character and condition of the offender, if the court is of the

20 opinion that:

21 (1) the offender is not likely to commit further

22 crimes;

23 (2) the defendant and the public would be best served

24 if the defendant were not to receive a criminal record; and

25 (3) in the best interests of justice an order of

26 supervision is more appropriate than a sentence otherwise

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1 permitted under this Code.

2 (c-5) Subsections (a), (b), and (c) of this Section do not

3 apply to a defendant charged with a second or subsequent

4 violation of Section 6-303 of the Illinois Vehicle Code

5 committed while his or her driver's license, permit or

6 privileges were revoked because of a violation of Section 9-3

7 of the Criminal Code of 1961 or the Criminal Code of 2012,

8 relating to the offense of reckless homicide, or a similar

9 provision of a law of another state.

10 (d) The provisions of paragraph (c) shall not apply to a

11 defendant charged with violating Section 11-501 of the Illinois

12 Vehicle Code or a similar provision of a local ordinance when

13 the defendant has previously been:

14 (1) convicted for a violation of Section 11-501 of the

15 Illinois Vehicle Code or a similar provision of a local

16 ordinance or any similar law or ordinance of another state;

17 or

18 (2) assigned supervision for a violation of Section

19 11-501 of the Illinois Vehicle Code or a similar provision

20 of a local ordinance or any similar law or ordinance of

21 another state; or

22 (3) pleaded guilty to or stipulated to the facts

23 supporting a charge or a finding of guilty to a violation

24 of Section 11-503 of the Illinois Vehicle Code or a similar

25 provision of a local ordinance or any similar law or

26 ordinance of another state, and the plea or stipulation was

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1 the result of a plea agreement.

2 The court shall consider the statement of the prosecuting

3 authority with regard to the standards set forth in this

4 Section.

5 (e) The provisions of paragraph (c) shall not apply to a

6 defendant charged with violating Section 16-25 or 16A-3 of the

7 Criminal Code of 1961 or the Criminal Code of 2012 if said

8 defendant has within the last 5 years been:

9 (1) convicted for a violation of Section 16-25 or 16A-3

10 of the Criminal Code of 1961 or the Criminal Code of 2012;

11 or

12 (2) assigned supervision for a violation of Section

13 16-25 or 16A-3 of the Criminal Code of 1961 or the Criminal

14 Code of 2012.

15 The court shall consider the statement of the prosecuting

16 authority with regard to the standards set forth in this

17 Section.

18 (f) The provisions of paragraph (c) shall not apply to a

19 defendant charged with violating Sections 15-111, 15-112,

20 15-301, paragraph (b) of Section 6-104, Section 11-605, Section

21 11-1002.5, or Section 11-1414 of the Illinois Vehicle Code or a

22 similar provision of a local ordinance.

23 (g) Except as otherwise provided in paragraph (i) of this

24 Section, the provisions of paragraph (c) shall not apply to a

25 defendant charged with violating Section 3-707, 3-708, 3-710,

26 or 5-401.3 of the Illinois Vehicle Code or a similar provision

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1 of a local ordinance if the defendant has within the last 5

2 years been:

3 (1) convicted for a violation of Section 3-707, 3-708,

4 3-710, or 5-401.3 of the Illinois Vehicle Code or a similar

5 provision of a local ordinance; or

6 (2) assigned supervision for a violation of Section

7 3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle

8 Code or a similar provision of a local ordinance.

9 The court shall consider the statement of the prosecuting

10 authority with regard to the standards set forth in this

11 Section.

12 (h) The provisions of paragraph (c) shall not apply to a

13 defendant under the age of 21 years charged with violating a

14 serious traffic offense as defined in Section 1-187.001 of the

15 Illinois Vehicle Code:

16 (1) unless the defendant, upon payment of the fines,

17 penalties, and costs provided by law, agrees to attend and

18 successfully complete a traffic safety program approved by

19 the court under standards set by the Conference of Chief

20 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

25 entered. The provisions of Supreme Court Rule 402 relating

26 to pleas of guilty do not apply in cases when a defendant

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1 enters a guilty plea under this provision; or

2 (2) if the defendant has previously been sentenced

3 under the provisions of paragraph (c) on or after January

4 1, 1998 for any serious traffic offense as defined in

5 Section 1-187.001 of the Illinois Vehicle Code.

6 (h-1) The provisions of paragraph (c) shall not apply to a

7 defendant under the age of 21 years charged with an offense

8 against traffic regulations governing the movement of vehicles

9 or any violation of Section 6-107 or Section 12-603.1 of the

10 Illinois Vehicle Code, unless the defendant, upon payment of

11 the fines, penalties, and costs provided by law, agrees to

12 attend and successfully complete a traffic safety program

13 approved by the court under standards set by the Conference of

14 Chief Circuit Judges. The accused shall be responsible for

15 payment of any traffic safety program fees. If the accused

16 fails to file a certificate of successful completion on or

17 before the termination date of the supervision order, the

18 supervision shall be summarily revoked and conviction entered.

19 The provisions of Supreme Court Rule 402 relating to pleas of

20 guilty do not apply in cases when a defendant enters a guilty

21 plea under this provision.

22 (i) The provisions of paragraph (c) shall not apply to a

23 defendant charged with violating Section 3-707 of the Illinois

24 Vehicle Code or a similar provision of a local ordinance if the

25 defendant has been assigned supervision for a violation of

26 Section 3-707 of the Illinois Vehicle Code or a similar

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1 provision of a local ordinance.

2 (j) The provisions of paragraph (c) shall not apply to a

3 defendant charged with violating Section 6-303 of the Illinois

4 Vehicle Code or a similar provision of a local ordinance when

5 the revocation or suspension was for a violation of Section

6 11-501 or a similar provision of a local ordinance or a

7 violation of Section 11-501.1 or paragraph (b) of Section

8 11-401 of the Illinois Vehicle Code if the defendant has within

9 the last 10 years been:

10 (1) convicted for a violation of Section 6-303 of the

11 Illinois Vehicle Code or a similar provision of a local

12 ordinance; or

13 (2) assigned supervision for a violation of Section

14 6-303 of the Illinois Vehicle Code or a similar provision

15 of a local ordinance.

16 (k) The provisions of paragraph (c) shall not apply to a

17 defendant charged with violating any provision of the Illinois

18 Vehicle Code or a similar provision of a local ordinance that

19 governs the movement of vehicles if, within the 12 months

20 preceding the date of the defendant's arrest, the defendant has

21 been assigned court supervision on 2 occasions for a violation

22 that governs the movement of vehicles under the Illinois

23 Vehicle Code or a similar provision of a local ordinance. The

24 provisions of this paragraph (k) do not apply to a defendant

25 charged with violating Section 11-501 of the Illinois Vehicle

26 Code or a similar provision of a local ordinance.

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1 (l) A defendant charged with violating any provision of the

2 Illinois Vehicle Code or a similar provision of a local

3 ordinance who receives a disposition of supervision under

4 subsection (c) shall pay an additional fee of $29, to be

5 collected as provided in Sections 27.5 and 27.6 of the Clerks

6 of Courts Act. In addition to the $29 fee, the person shall

7 also pay a fee of $6, which, if not waived by the court, shall

8 be collected as provided in Sections 27.5 and 27.6 of the

9 Clerks of Courts Act. The $29 fee shall be disbursed as

10 provided in Section 16-104c of the Illinois Vehicle Code. If

11 the $6 fee is collected, $5.50 of the fee shall be deposited

12 into the Circuit Court Clerk Operation and Administrative Fund

13 created by the Clerk of the Circuit Court and 50 cents of the

14 fee shall be deposited into the Prisoner Review Board Vehicle

15 and Equipment Fund in the State treasury.

16 (m) Any person convicted of, pleading guilty to, or placed

17 on supervision for a serious traffic violation, as defined in

18 Section 1-187.001 of the Illinois Vehicle Code, a violation of

19 Section 11-501 of the Illinois Vehicle Code, or a violation of

20 a similar provision of a local ordinance shall pay an

21 additional fee of $35, to be disbursed as provided in Section

22 16-104d of that Code.

23 This subsection (m) becomes inoperative on January 1, 2020.

24 (n) The provisions of paragraph (c) shall not apply to any

25 person under the age of 18 who commits an offense against

26 traffic regulations governing the movement of vehicles or any

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1 violation of Section 6-107 or Section 12-603.1 of the Illinois

2 Vehicle Code, except upon personal appearance of the defendant

3 in court and upon the written consent of the defendant's parent

4 or legal guardian, executed before the presiding judge. The

5 presiding judge shall have the authority to waive this

6 requirement upon the showing of good cause by the defendant.

7 (o) The provisions of paragraph (c) shall not apply to a

8 defendant charged with violating Section 6-303 of the Illinois

9 Vehicle Code or a similar provision of a local ordinance when

10 the suspension was for a violation of Section 11-501.1 of the

11 Illinois Vehicle Code and when:

12 (1) at the time of the violation of Section 11-501.1 of

13 the Illinois Vehicle Code, the defendant was a first

14 offender pursuant to Section 11-500 of the Illinois Vehicle

15 Code and the defendant failed to obtain a monitoring device

16 driving permit; or

17 (2) at the time of the violation of Section 11-501.1 of

18 the Illinois Vehicle Code, the defendant was a first

19 offender pursuant to Section 11-500 of the Illinois Vehicle

20 Code, had subsequently obtained a monitoring device

21 driving permit, but was driving a vehicle not equipped with

22 a breath alcohol ignition interlock device as defined in

23 Section 1-129.1 of the Illinois Vehicle Code.

24 (p) The provisions of paragraph (c) shall not apply to a

25 defendant charged with violating Section 11-601.5 of the

26 Illinois Vehicle Code or a similar provision of a local

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1 ordinance if the defendant has been:

2 (1) previously convicted for a violation of Section

3 11-601.5 of the Illinois Vehicle Code or a similar

4 provision of a local ordinance or any similar law of

5 another state; or

6 (2) previously assigned supervision for a violation of

7 Section 11-601.5 of the Illinois Vehicle Code or a similar

8 provision of a local ordinance or any similar law of

9 another state.

10 (q) The provisions of paragraph (c) shall not apply to a

11 defendant charged with violating subsection (b) of Section

12 11-601 of the Illinois Vehicle Code when the defendant was

13 operating a vehicle, in an urban district, at a speed in excess

14 of 25 miles per hour over the posted speed limit.

15 (r) The provisions of paragraph (c) shall not apply to a

16 defendant charged with violating any provision of the Illinois

17 Vehicle Code or a similar provision of a local ordinance if the

18 violation was the proximate cause of the death of another and

19 the defendant's driving abstract contains a prior conviction or

20 disposition of court supervision for any violation of the

21 Illinois Vehicle Code, other than an equipment violation, or a

22 suspension, revocation, or cancellation of the driver's

23 license.

24 (s) The provisions of paragraph (c) shall not apply to a

25 defendant charged with violating subsection (i) of Section 70

26 of the Firearm Concealed Carry Act.

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1 (Source: P.A. 97-333, eff. 8-12-11; 97-597, eff. 1-1-12;

2 97-831, eff. 7-1-13; 97-1108, eff. 1-1-13; 97-1150, eff.

3 1-25-13; 98-169, eff. 1-1-14; 98-658, eff. 6-23-14; 98-899,

4 eff. 8-15-14; revised 10-1-14.)