Rep. Marcus C. Evans, Jr.
Filed: 5/14/2019
 
 


 




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1
AMENDMENT TO SENATE BILL 1862




2 AMENDMENT NO. ______. Amend Senate Bill 1862 by replacing 
3everything after the enacting clause with the following:


4 "Section 1. This Act is dedicated to the memory of 
5Lieutenant Scott Gillen, Trooper Brooke Jones-Story, Trooper 
6Christopher Lambert, and all others who paid the ultimate 
7sacrifice while serving in the line of duty. 

8 Section 5. The State Finance Act is amended by adding 
9Section 5.891 as follows:

10 (30 ILCS 105/5.891 new)
11 Sec. 5.891. The Scott's Law Fund.

12 Section 10. The Illinois Vehicle Code is amended by 
13changing Sections 11-709, 11-907, and 11-907.5 as follows:




 
 
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1 (625 ILCS 5/11-709) (from Ch. 95 1/2, par. 11-709)



2 Sec. 11-709. Driving on roadways laned for traffic. 
3Whenever any roadway has been divided into 2 or more clearly 
4marked
lanes for traffic the following rules in addition to all 
5others consistent
herewith shall apply.

6 (a) A vehicle shall be driven as nearly as practicable 
7entirely within a
single lane and shall not be moved from such 
8lane until the driver has
first ascertained that such movement 
9can be made with safety.

10 (b) Upon a roadway which is divided into 3 lanes and 
11provides for
two-way movement of traffic, a vehicle shall not 
12be driven in the center
lane except when overtaking and passing 
13another vehicle traveling in the
same direction when such 
14center lane is clear of traffic within a safe
distance, or in 
15preparation for making a left turn or where such center
lane is 
16at the time allocated exclusively to traffic moving in the same

17direction that the vehicle is proceeding and such allocation is 
18designated
by official traffic control devices.

19 (c) Official traffic control devices may be erected 
20directing specific
traffic to use a designated lane or 
21designating those lanes to be used by
traffic moving in a 
22particular direction regardless of the center of the
roadway 
23and drivers of vehicles shall obey the directions of every such

24device. On multi-lane controlled access
highways with 3 or more 
25lanes in one
direction or on any multi-laned highway with 2 or 
26more lanes in one
direction, the Department may designate lanes 
 
 
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1of traffic to be used by
different types of motor vehicles.

2Drivers must obey lane designation signing except when it is 
3necessary to
use a different lane to make a turning maneuver.

4 (d) Official traffic control devices may be installed 
5prohibiting the
changing of lanes on sections of roadway and 
6drivers of vehicles shall obey
the directions of every such 
7device.

8 (e) A person is not in violation of this Section if he or 
9she is complying with Section 11-907, 11-907.5, or 11-908.
10(Source: P.A. 84-1311.)





11 (625 ILCS 5/11-907) (from Ch. 95 1/2, par. 11-907)


12 Sec. 11-907. Operation of vehicles and streetcars on 
13approach of authorized
emergency
vehicles.
14 (a) Upon the immediate approach of an authorized emergency 
15vehicle
making use of audible and visual signals meeting the 
16requirements of this
Code or a police vehicle properly and 
17lawfully making use of an audible
or visual signal:

18  (1) the driver of every other vehicle
shall yield the 
19 right-of-way and shall immediately drive to a position

20 parallel to, and as close as possible to, the right-hand 
21 edge or curb of
the highway clear of any intersection and 
22 shall, if necessary to permit
the safe passage of the 
23 emergency vehicle, stop and remain
in such position until 
24 the authorized emergency vehicle has passed, unless

25 otherwise directed by a police officer; and

 
 
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1  (2) the operator of every streetcar shall
immediately 
2 stop such
car clear of any intersection and keep it in such 
3 position until the
authorized emergency vehicle has 
4 passed, unless otherwise
directed by
a police officer.

5 (b) This Section shall not operate to relieve the driver of 
6an
authorized emergency vehicle from the duty to drive with due 
7regard for the
safety of all persons using the highway.

8 (c) Upon approaching a stationary authorized emergency 
9vehicle, when the
authorized emergency vehicle is giving a 
10signal by displaying alternately
flashing
red, red and white, 
11blue, or red and blue lights or amber or yellow warning
lights, 
12a
person who drives an approaching vehicle shall:

13  (1) proceeding with due caution, yield the 
14 right-of-way by making a
lane change into a lane not 
15 adjacent to that of the authorized
emergency vehicle, if 
16 possible with due regard to safety and traffic
conditions, 
17 if on a highway having at least 4 lanes with not less
than 
18 2 lanes proceeding in the same direction as the approaching

19 vehicle; or

20  (2) if changing lanes would be impossible or unsafe, 
21 proceeding with due caution, reduce the speed of the 
22 vehicle,
maintaining a safe speed for road conditions and 
23 leaving a safe distance until safely past the stationary 
24 vehicles , if changing lanes
would be impossible or unsafe.

25 As used in this subsection (c), "authorized emergency 
26vehicle"
includes any vehicle authorized by law to be equipped 
 
 
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1with oscillating,
rotating, or flashing lights under Section 
212-215 of this Code, while the owner
or operator of the vehicle 
3is engaged in his or her official duties.

4 (d) A person who violates subsection (c) of this Section 
5commits a business
offense punishable by a fine of not less 
6than $250 or more than $10,000 for a first violation, and a 
7fine of not less than $750 or more than $10,000 for a second or 
8subsequent violation not less than $100 or more than $10,000. 
9It is a factor in
aggravation if the person committed the 
10offense while in violation of Section
11-501 of this Code. 
11Imposition of the penalties authorized by this subsection (d) 
12for a violation of subsection (c) of this Section that results 
13in the death of
another person does not preclude imposition of 
14appropriate additional civil or criminal penalties. A person 
15who violates subsection (c) and the violation results in damage 
16to another vehicle commits a Class A misdemeanor. A person who 
17violates subsection (c) and the violation results in the injury 
18or death of another person commits a Class 4 felony.

19 (e) If a violation of subsection (c) of this Section 
20results in damage to
the
property of another person, in 
21addition to any other penalty imposed,
the person's driving 
22privileges shall be suspended for a fixed
period of not less 
23than 90 days and not more than one year.

24 (f) If a violation of subsection (c) of this Section 
25results in injury to
another
person, in addition to any other 
26penalty imposed,
the person's driving privileges shall be 
 
 
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1suspended for a fixed period of not
less
than 180
days and not 
2more than 2 years.

3 (g) If a violation of subsection (c) of this Section 
4results in the death of
another person, in addition to any 
5other penalty imposed,
the person's driving privileges shall be 
6suspended for 2 years.

7 (h) The Secretary of State shall, upon receiving a record 
8of a judgment
entered against a person under subsection (c) of 
9this Section:

10  (1) suspend the person's driving privileges for the 
11 mandatory period; or

12  (2) extend the period of an existing suspension by the 
13 appropriate
mandatory period.

14 (i) The Scott's Law Fund shall be a special fund in the 
15State treasury. Subject to appropriation by the General 
16Assembly and approval by the Director, the Director of the 
17State Police shall use all moneys in the Scott's Law Fund in 
18the Department's discretion to fund the production of materials 
19to educate drivers on approaching stationary authorized 
20emergency vehicles, to hire off-duty Department of State Police 
21for enforcement of this Section, and for other law enforcement 
22purposes the Director deems necessary in these efforts.
23 (j) For violations of this Section issued by a county or 
24municipal police officer, the assessment shall be deposited 
25into the county or municipality's Transportation Safety 
26Highway Hire-back Fund. The county shall use the moneys in its 
 
 
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1Transportation Safety Highway Hire-back Fund to hire off-duty 
2county police officers to monitor construction or maintenance 
3zones in that county on highways other than interstate 
4highways. The county, in its discretion, may also use a portion 
5of the moneys in its Transportation Safety Highway Hire-back 
6Fund to purchase equipment for county law enforcement and fund 
7the production of materials to educate drivers on construction 
8zone safe driving habits and approaching stationary authorized 
9emergency vehicles. 
10(Source: P.A. 100-201, eff. 8-18-17.)


11 (625 ILCS 5/11-907.5)
12 Sec. 11-907.5. Approaching disabled vehicles.
13 (a) Upon approaching a disabled vehicle with lighted hazard 
14lights on a highway having at least 4 lanes, of which at least 
152 are proceeding in the same direction, a driver of a vehicle 
16shall:
17  (1) proceeding with due caution, yield the 
18 right-of-way by making a lane change into a lane not 
19 adjacent to that of the disabled vehicle, if possible with 
20 due regard to safety and traffic conditions make a lane 
21 change into a lane not adjacent to that disabled vehicle, 
22 if possible with due regard to safety and traffic 
23 conditions; or
24  (2) if changing lanes would be impossible or unsafe 
25 proceeding with due caution, reduce the speed of the 
 
 
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1 vehicle, maintaining a safe speed for road conditions and 
2 leaving a safe distance until safely past the stationary 
3 vehicles proceeding with due caution, reduce the speed of 
4 the vehicle, maintaining a safe speed for road conditions, 
5 if changing lanes would be impossible or unsafe.
6 (b) A person who violates subsection (a) of this Section 
7commits a petty offense. 

8(Source: P.A. 99-681, eff. 1-1-17.)

9 Section 15. The Criminal and Traffic Assessment Act is 
10amended by changing Section 15-70 as follows:

11 (705 ILCS 135/15-70)
12 (This Section may contain text from a Public Act with a 
13delayed effective date)

14 (Section scheduled to be repealed on January 1, 2021)
15 Sec. 15-70. Conditional assessments. In addition to 
16payments under one of the Schedule of Assessments 1 through 13 
17of this Act, the court shall also order payment of any of the 
18following conditional assessment amounts for each sentenced 
19violation in the case to which a conditional assessment is 
20applicable, which shall be collected and remitted by the Clerk 
21of the Circuit Court as provided in this Section:
22  (1) arson, residential arson, or aggravated arson, 
23 $500 per conviction to the State Treasurer for deposit into 
24 the Fire Prevention Fund;
 
 
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1  (2) child pornography under Section 11-20.1 of the 
2 Criminal Code of 1961 or the Criminal Code of 2012, $500 
3 per conviction, unless more than one agency is responsible 
4 for the arrest in which case the amount shall be remitted 
5 to each unit of government equally:
6   (A) if the arresting agency is an agency of a unit 
7 of local government, $500 to the treasurer of the unit 
8 of local government for deposit into the unit of local 
9 government's General Fund, except that if the 
10 Department of State Police provides digital or 
11 electronic forensic examination assistance, or both, 
12 to the arresting agency then $100 to the State 
13 Treasurer for deposit into the State Crime Laboratory 
14 Fund; or
15   (B) if the arresting agency is the Department of 
16 State Police, $500 to the State Treasurer for deposit 
17 into the State Crime Laboratory Fund;
18  (3)
crime laboratory drug analysis for a drug-related 
19 offense involving possession or delivery of cannabis or 
20 possession or delivery of a controlled substance as defined 
21 in the Cannabis Control Act, the Illinois Controlled 
22 Substances Act, or the Methamphetamine Control and 
23 Community Protection Act, $100 reimbursement for 
24 laboratory analysis, as set forth in subsection (f) of 
25 Section 5-9-1.4 of the Unified Code of Corrections;
26  (4)
DNA analysis, $250 on each conviction in which it 
 
 
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1 was used to the State Treasurer for deposit into the State 
2 Offender DNA Identification System Fund as set forth in 
3 Section 5-4-3 of the Unified Code of Corrections;
4  (5)
DUI analysis, $150 on each sentenced violation in 
5 which it was used as set forth in subsection (f) of Section 
6 5-9-1.9 of the Unified Code of Corrections;
7  (6) drug-related
offense involving possession or 
8 delivery of cannabis or possession or delivery
of a 
9 controlled substance, other than methamphetamine, as 
10 defined in the Cannabis Control Act
or the Illinois 
11 Controlled Substances Act, an amount not less than
the full 
12 street value of the cannabis or controlled substance seized 
13 for each conviction to be disbursed as follows:
14   (A) 12.5% of the street value assessment shall be 
15 paid into the Youth Drug Abuse Prevention Fund, to be 
16 used by the Department of Human Services for the 
17 funding of programs and services for drug-abuse 
18 treatment, and prevention and education services;
19   (B) 37.5% to the county in which the charge was 
20 prosecuted, to be deposited into the county General 
21 Fund;
22   (C) 50% to the treasurer of the arresting law 
23 enforcement agency of the municipality or county, or to 
24 the State Treasurer if the arresting agency was a state 
25 agency;
26   (D) if the arrest was made in combination with 
 
 
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1 multiple law enforcement agencies, the clerk shall 
2 equitably allocate the portion in subparagraph (C) of 
3 this paragraph (6) among the law enforcement agencies 
4 involved in the arrest;
5  (6.5) Kane County or Will County, in felony, 
6 misdemeanor, local or county ordinance, traffic, or 
7 conservation cases, up to $30 as set by the county board 
8 under Section 5-1101.3 of the Counties Code upon the entry 
9 of a judgment of conviction, an order of supervision, or a 
10 sentence of probation without entry of judgment under 
11 Section 10 of the Cannabis Control Act, Section 410 of the 
12 Illinois Controlled Substances Act, Section 70 of the 
13 Methamphetamine Control and Community Protection Act, 
14 Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of 
15 the Criminal Code of 1961 or the Criminal Code of 2012, 
16 Section 10-102 of the Illinois Alcoholism and Other Drug 
17 Dependency Act, or Section 10 of the Steroid Control Act; 
18 except in local or county ordinance, traffic, and 
19 conservation cases, if fines are paid in full without a 
20 court appearance, then the assessment shall not be imposed 
21 or collected. Distribution of assessments collected under 
22 this paragraph (6.5) shall be as provided in Section 
23 5-1101.3 of the Counties Code;
24  (7) methamphetamine-related
offense involving 
25 possession or delivery of methamphetamine or any salt of an 
26 optical isomer of methamphetamine or possession of a 
 
 
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1 methamphetamine manufacturing material as set forth in 
2 Section 10 of the Methamphetamine Control and Community 
3 Protection Act with the intent to manufacture a substance 
4 containing methamphetamine or salt of an optical isomer of 
5 methamphetamine, an amount not less than
the full street 
6 value of the methamphetamine or salt of an optical isomer 
7 of methamphetamine or methamphetamine manufacturing 
8 materials seized for each conviction to be disbursed as 
9 follows:
10   (A) 12.5% of the street value assessment shall be 
11 paid into the Youth Drug Abuse Prevention Fund, to be 
12 used by the Department of Human Services for the 
13 funding of programs and services for drug-abuse 
14 treatment, and prevention and education services;
15   (B) 37.5% to the county in which the charge was 
16 prosecuted, to be deposited into the county General 
17 Fund;
18   (C) 50% to the treasurer of the arresting law 
19 enforcement agency of the municipality or county, or to 
20 the State Treasurer if the arresting agency was a state 
21 agency;
22   (D) if the arrest was made in combination with 
23 multiple law enforcement agencies, the clerk shall 
24 equitably allocate the portion in subparagraph (C) of 
25 this paragraph (6) among the law enforcement agencies 
26 involved in the arrest;
 
 
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1  (8)
order of protection violation under Section 12-3.4 
2 of the Criminal Code of 2012, $200 for each conviction to 
3 the county treasurer for deposit into the Probation and 
4 Court Services Fund for implementation of a domestic 
5 violence surveillance program and any other assessments or 
6 fees imposed under Section 5-9-1.16 of the Unified Code of 
7 Corrections;
8  (9)
order of protection violation, $25 for each 
9 violation to the State Treasurer, for deposit into the 
10 Domestic Violence Abuser Services Fund;
11  (10)
prosecution by the State's Attorney of a:
12   (A) petty or business offense, $4 to the county 
13 treasurer of which $2 deposited into the State's 
14 Attorney Records Automation Fund and $2 into the Public 
15 Defender Records Automation Fund;
16   (B) conservation or traffic offense, $2 to the 
17 county treasurer for deposit into the State's Attorney 
18 Records Automation Fund;
19  (11) speeding in a construction zone violation, $250 to 
20 the State Treasurer for deposit into the Transportation 
21 Safety Highway Hire-back Fund, unless (i) the violation 
22 occurred on a highway other than an interstate highway and 
23 (ii) a county police officer wrote the ticket for the 
24 violation, in which case to the county treasurer for 
25 deposit into that county's Transportation Safety Highway 
26 Hire-back Fund;
 
 
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1  (12) supervision disposition on an offense under the 
2 Illinois Vehicle Code or similar provision of a local 
3 ordinance, 50 cents, unless waived by the court, into the 
4 Prisoner Review Board Vehicle and Equipment Fund;
5  (13) victim and offender are family or household 
6 members as defined in Section 103 of the Illinois Domestic 
7 Violence Act of 1986 and offender pleads guilty
or no 
8 contest to or is convicted of murder, voluntary 
9 manslaughter,
involuntary manslaughter, burglary, 
10 residential burglary, criminal trespass
to residence, 
11 criminal trespass to vehicle, criminal trespass to land,

12 criminal damage to property, telephone harassment, 
13 kidnapping, aggravated
kidnaping, unlawful restraint, 
14 forcible detention, child abduction,
indecent solicitation 
15 of a child, sexual relations between siblings,

16 exploitation of a child, child pornography, assault, 
17 aggravated assault,
battery, aggravated battery, heinous 
18 battery, aggravated battery of a
child, domestic battery, 
19 reckless conduct, intimidation, criminal sexual
assault, 
20 predatory criminal sexual assault of a child, aggravated 
21 criminal
sexual assault, criminal sexual abuse,
aggravated 
22 criminal sexual abuse, violation of an order of protection,

23 disorderly conduct, endangering the life or health of a 
24 child, child
abandonment, contributing to dependency or 
25 neglect of child, or cruelty to
children and others, $200 
26 for each sentenced violation to the State Treasurer
for 
 
 
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1 deposit as follows: (i) for sexual assault, as defined in 
2 Section 5-9-1.7 of the Unified Code of Corrections, when

3 the offender and victim are family members, one-half to the 
4 Domestic Violence
Shelter and Service Fund, and one-half to 
5 the Sexual Assault Services Fund;
(ii) for the remaining 
6 offenses to the Domestic Violence Shelter and Service
Fund;
7  (14)
violation of Section 11-501 of the Illinois 
8 Vehicle Code, Section 5-7 of the Snowmobile Registration 
9 and Safety Act, Section 5-16 of the Boat Registration and 
10 Safety Act, or a similar provision, whose operation of a 
11 motor vehicle, snowmobile, or watercraft while in 
12 violation of Section 11-501, Section 5-7 of the Snowmobile 
13 Registration and Safety Act, Section 5-16 of the Boat 
14 Registration and Safety Act, or a similar provision 
15 proximately caused an incident resulting in an appropriate 
16 emergency response, $1,000 maximum to the public agency 
17 that provided an emergency response related to the person's 
18 violation, and if more than one
agency responded, the 
19 amount payable to public agencies shall be shared equally;
20  (15)
violation of Section 401, 407, or 407.2 of the 
21 Illinois Controlled Substances Act that proximately caused 
22 any incident resulting in an appropriate drug-related 
23 emergency response, $1,000 as reimbursement for the 
24 emergency response to the law enforcement agency that
made 
25 the arrest, and if more than one
agency is responsible for 
26 the arrest, the amount payable to law
enforcement agencies 
 
 
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1 shall be shared equally;
2  (16)
violation of reckless driving, aggravated 
3 reckless driving, or driving 26 miles per hour or more in 
4 excess of the speed limit that triggered an emergency 
5 response, $1,000 maximum reimbursement for the emergency 
6 response to be distributed in its entirety to a public 
7 agency that provided an emergency response related to the 
8 person's violation, and if more than one
agency responded, 
9 the amount payable to public agencies shall be shared 
10 equally;
11  (17) violation based upon each plea of guilty, 
12 stipulation of facts, or finding of guilt resulting in a 
13 judgment of conviction or order of supervision for an 
14 offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of 
15 the Criminal Code of 2012 that results in the imposition of 
16 a fine, to be distributed as follows:

17   (A) $50 to the county treasurer for deposit into 
18 the Circuit Court Clerk Operation and Administrative 
19 Fund to cover the costs in administering this paragraph 
20 (17);

21   (B) $300 to the State Treasurer who shall deposit 
22 the portion as follows:

23    (i) if the arresting or investigating agency 
24 is the Department of State
Police, into the State 
25 Police Law Enforcement Administration Fund;

26    (ii) if the arresting or investigating agency 
 
 
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1 is the Department of
Natural Resources, into the 
2 Conservation Police Operations Assistance Fund;

3    (iii) if the arresting or investigating agency 
4 is the Secretary of State,
into the Secretary of 
5 State Police Services Fund;

6    (iv) if the arresting or investigating agency 
7 is the Illinois Commerce
Commission, into the 
8 Public Utility Fund; or

9    (v) if more than one of the State agencies in 
10 this subparagraph (B) is the arresting or 
11 investigating agency, then equal shares with the 
12 shares deposited as provided in the applicable 
13 items (i) through (iv) of this subparagraph (B); 
14 and
15   (C) the remainder for deposit into the Specialized 
16 Services for Survivors of Human Trafficking Fund; and

17  (18) weapons violation under Section 24-1.1, 24-1.2, 
18 or 24-1.5 of the Criminal Code of 1961 or the Criminal Code 
19 of 2012, $100 for each conviction to the State Treasurer 
20 for deposit into the Trauma Center Fund; and .

21  (19) violation of subsection (c) of Section 11-907 of 
22 the Illinois Vehicle Code, $250 to the State Treasurer for 
23 deposit into the Scott's Law Fund, unless a county or 
24 municipal police officer wrote the ticket for the 
25 violation, in which case to the county treasurer for 
26 deposit into that county's or municipality's 
 
 
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1 Transportation Safety Highway Hire-Back Fund to be used as 
2 provided in subsection (j) of Section 11-907 of the 
3 Illinois Vehicle Code.
4(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.)

5 Section 20. The Criminal Code of 2012 is amended by 
6changing Section 9-3 as follows:




7 (720 ILCS 5/9-3) (from Ch. 38, par. 9-3)



8 Sec. 9-3. Involuntary Manslaughter and Reckless Homicide. 

9 (a) A person who unintentionally kills an individual 
10without lawful
justification commits involuntary manslaughter 
11if his acts whether lawful
or unlawful which cause the death 
12are such as are likely to cause death or
great bodily harm to 
13some individual, and he performs them recklessly,
except in 
14cases in which the cause of the death consists of the driving 
15of
a motor vehicle or operating a snowmobile, all-terrain 
16vehicle, or watercraft,
in which case the person commits 
17reckless homicide. A person commits reckless homicide if he or 
18she unintentionally kills an individual while driving a vehicle 
19and using an incline in a roadway, such as a railroad crossing, 
20bridge
approach, or hill, to cause the vehicle to become 
21airborne.


22 (b) (Blank).

23 (c) (Blank).

24 (d) Sentence.


 
 
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1  (1) Involuntary manslaughter is a Class 3 felony.


2  (2) Reckless homicide is a Class 3 felony.

3 (e) (Blank).

4 (e-2) Except as provided in subsection (e-3), in cases 
5involving reckless homicide in which the offense is committed 
6upon a public thoroughfare where children pass going to and 
7from school when a school crossing guard is performing official 
8duties, the penalty is a Class 2 felony, for which a
person, if 
9sentenced to a term of imprisonment, shall be sentenced to a 
10term of
not less than 3 years and not more than 14 years.
11 (e-3) In cases involving reckless homicide in which (i) the 
12offense is committed upon a public thoroughfare where children 
13pass going to and from school when a school crossing guard is 
14performing official duties and (ii) the defendant causes the 
15deaths of 2 or more persons as part of a single course of 
16conduct, the penalty is a Class 2 felony, for which a
person, 
17if sentenced to a term of imprisonment, shall be sentenced to a 
18term of
not less than 6 years and not more than 28 years.

19 (e-5) (Blank).

20 (e-7) Except as otherwise provided in subsection (e-8), in 
21cases involving
reckless homicide in which the defendant: (1)

22was
driving in a construction or maintenance zone, as defined 
23in Section 11-605.1
of the Illinois Vehicle Code, or (2) was 
24operating a vehicle while failing or refusing to comply with 
25any lawful order or direction of any authorized police officer 
26or traffic control aide engaged in traffic control,
the penalty 
 
 
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1is a Class 2 felony, for which a
person, if sentenced to a term 
2of imprisonment, shall be sentenced to a term of
not less than 
33 years and not more than 14 years.

4 (e-8) In cases involving reckless homicide in which the 
5defendant caused the deaths of 2 or more persons as part of a 
6single course of conduct and: (1) was
driving in a construction 
7or maintenance zone, as defined in Section 11-605.1
of the 
8Illinois Vehicle Code, or (2) was operating a vehicle while 
9failing or refusing to comply with any lawful order or 
10direction of any authorized police officer or traffic control 
11aide engaged in traffic control,
the penalty is a Class 2 
12felony, for which a
person, if sentenced to a term of 
13imprisonment, shall be sentenced to a term of
not less than 6 
14years and not more than 28 years.

15 (e-9) In cases involving reckless homicide in which the 
16defendant drove a vehicle and used an incline in a roadway, 
17such as a railroad crossing, bridge
approach, or hill, to cause 
18the vehicle to become airborne, and caused the deaths of 2 or 
19more persons as
part of a single course of conduct,
the penalty 
20is a Class 2 felony.

21 (e-10) In cases involving involuntary manslaughter or 
22reckless homicide resulting in the death of a peace officer 
23killed in the performance of his or her duties as a peace 
24officer, the penalty is a Class 2 felony.

25 (e-11)
In cases involving reckless homicide in which the 
26defendant unintentionally kills an individual while driving in 
 
 
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1a posted school zone, as defined in Section 11-605 of the 
2Illinois Vehicle Code, while children are present or in a 
3construction or maintenance zone, as defined in Section 
411-605.1 of the Illinois Vehicle Code, when construction or 
5maintenance workers are present the trier of fact may infer 
6that the defendant's actions were performed recklessly where he 
7or she was also either driving at a speed of more than 20 miles 
8per hour in excess of the posted speed limit or violating 
9Section 11-501 of the Illinois Vehicle Code.

10 (e-12) Except as otherwise provided in subsection (e-13), 
11in cases involving
reckless homicide in which the offense was 
12committed as result
of a violation of subsection (c) of Section 
1311-907 of the Illinois Vehicle Code,
the penalty is a Class 2 
14felony, for which a
person, if sentenced to a term of 
15imprisonment, shall be sentenced to a term of
not less than 3 
16years and not more than 14 years.
17 (e-13) In cases involving
reckless homicide in which the 
18offense was committed as result
of a violation of subsection 
19(c) of Section 11-907 of the Illinois Vehicle Code and the 
20defendant caused the deaths of 2 or more persons as
part of a 
21single course of conduct,
the penalty is a Class 2 felony, for 
22which a
person, if sentenced to a term of imprisonment, shall 
23be sentenced to a term of
not less than 6 years and not more 
24than 28 years.

25 (e-14)
In cases involving reckless homicide in which the 
26defendant unintentionally kills an individual, the trier of 
 
 
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1fact may infer that the defendant's actions were performed 
2recklessly where he or she was also violating subsection (c) of 
3Section 11-907 of the Illinois Vehicle Code. The penalty for a 
4reckless homicide in which the driver also violated subsection 
5(c) of Section 11-907 of the Illinois Vehicle Code is a Class 2 
6felony, for which a person, if sentenced to a term of 
7imprisonment, shall be sentenced to a term of not less than 3 
8years and not more than 14 years.

9 (e-15) In cases involving reckless homicide in which the 
10defendant was operating a vehicle while failing or refusing to 
11comply with subsection (c) of Section 11-907 of the Illinois 
12Vehicle Code resulting in the death of a firefighter or 
13emergency medical services personnel in the performance of his 
14or her official duties, the penalty is a Class 2 felony.
15 (f) In cases involving involuntary manslaughter in which 
16the victim was a
family or household member as defined in 
17paragraph (3) of Section 112A-3 of the
Code of
Criminal 
18Procedure of 1963, the penalty shall be a Class 2 felony, for 
19which a
person if sentenced to a term of imprisonment, shall be 
20sentenced to a term of
not less than 3 years and not more than 
2114 years.

22(Source: P.A. 95-467, eff. 6-1-08; 95-551, eff. 6-1-08; 95-587, 
23eff. 6-1-08; 95-591, eff. 9-10-07; 95-803, eff. 1-1-09; 95-876, 
24eff. 8-21-08; 95-884, eff. 1-1-09; 96-328, eff. 8-11-09.)

25 Section 25. The Unified Code of Corrections is amended by 
 
 
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1changing Sections 5-5-3.2 and 5-6-1 as follows:


2 (730 ILCS 5/5-5-3.2)



3 Sec. 5-5-3.2. Factors in aggravation and extended-term 
4sentencing. 

5 (a) The following factors shall be accorded weight in favor 
6of
imposing a term of imprisonment or may be considered by the 
7court as reasons
to impose a more severe sentence under Section 
85-8-1 or Article 4.5 of Chapter V:

9  (1) the defendant's conduct caused or threatened 
10 serious harm;

11  (2) the defendant received compensation for committing 
12 the offense;

13  (3) the defendant has a history of prior delinquency or 
14 criminal activity;

15  (4) the defendant, by the duties of his office or by 
16 his position,
was obliged to prevent the particular offense 
17 committed or to bring
the offenders committing it to 
18 justice;

19  (5) the defendant held public office at the time of the 
20 offense,
and the offense related to the conduct of that 
21 office;

22  (6) the defendant utilized his professional reputation 
23 or
position in the community to commit the offense, or to 
24 afford
him an easier means of committing it;

25  (7) the sentence is necessary to deter others from 
 
 
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1 committing
the same crime;

2  (8) the defendant committed the offense against a 
3 person 60 years of age
or older or such person's property;

4  (9) the defendant committed the offense against a 
5 person who has a physical disability or such person's 
6 property;

7  (10) by reason of another individual's actual or 
8 perceived race, color,
creed, religion, ancestry, gender, 
9 sexual orientation, physical or mental
disability, or 
10 national origin, the defendant committed the offense 
11 against (i)
the person or property
of that individual; (ii) 
12 the person or property of a person who has an
association 
13 with, is married to, or has a friendship with the other 
14 individual;
or (iii) the person or property of a relative 
15 (by blood or marriage) of a
person described in clause (i) 
16 or (ii). For the purposes of this Section,
"sexual 
17 orientation" has the meaning ascribed to it in paragraph 
18 (O-1) of Section 1-103 of the Illinois Human Rights Act;

19  (11) the offense took place in a place of worship or on 
20 the
grounds of a place of worship, immediately prior to, 
21 during or immediately
following worship services. For 
22 purposes of this subparagraph, "place of
worship" shall 
23 mean any church, synagogue or other building, structure or

24 place used primarily for religious worship;

25  (12) the defendant was convicted of a felony committed 
26 while he was
released on bail or his own recognizance 
 
 
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1 pending trial for a prior felony
and was convicted of such 
2 prior felony, or the defendant was convicted of a
felony 
3 committed while he was serving a period of probation,

4 conditional discharge, or mandatory supervised release 
5 under subsection (d)
of Section 5-8-1
for a prior felony;

6  (13) the defendant committed or attempted to commit a 
7 felony while he
was wearing a bulletproof vest. For the 
8 purposes of this paragraph (13), a
bulletproof vest is any 
9 device which is designed for the purpose of
protecting the 
10 wearer from bullets, shot or other lethal projectiles;

11  (14) the defendant held a position of trust or 
12 supervision such as, but
not limited to, family member as 
13 defined in Section 11-0.1 of the Criminal Code
of 2012, 
14 teacher, scout leader, baby sitter, or day care worker, in

15 relation to a victim under 18 years of age, and the 
16 defendant committed an
offense in violation of Section 
17 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, 
18 11-14.4 except for an offense that involves keeping a place 
19 of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,

20 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 
21 or 12-16 of the Criminal Code of 1961 or the Criminal Code 
22 of 2012
against
that victim;

23  (15) the defendant committed an offense related to the 
24 activities of an
organized gang. For the purposes of this 
25 factor, "organized gang" has the
meaning ascribed to it in 
26 Section 10 of the Streetgang Terrorism Omnibus
Prevention 
 
 
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1 Act;

2  (16) the defendant committed an offense in violation of 
3 one of the
following Sections while in a school, regardless 
4 of the time of day or time of
year; on any conveyance 
5 owned, leased, or contracted by a school to transport

6 students to or from school or a school related activity; on 
7 the real property
of a school; or on a public way within 
8 1,000 feet of the real property
comprising any school: 
9 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 
10 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,

11 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, 
12 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, 
13 18-2, or 33A-2, or Section 12-3.05 except for subdivision 
14 (a)(4) or (g)(1), of the Criminal Code of
1961 or the 
15 Criminal Code of 2012;

16  (16.5) the defendant committed an offense in violation 
17 of one of the
following Sections while in a day care 
18 center, regardless of the time of day or
time of year; on 
19 the real property of a day care center, regardless of the 
20 time
of day or time of year; or on a public
way within 
21 1,000 feet of the real property comprising any day care 
22 center,
regardless of the time of day or time of year:

23 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 
24 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, 
25 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, 
26 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, 
 
 
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1 18-2, or 33A-2, or Section 12-3.05 except for subdivision 
2 (a)(4) or (g)(1), of the Criminal
Code of 1961 or the 
3 Criminal Code of 2012;

4  (17) the defendant committed the offense by reason of 
5 any person's
activity as a community policing volunteer or 
6 to prevent any person from
engaging in activity as a 
7 community policing volunteer. For the purpose of
this 
8 Section, "community policing volunteer" has the meaning 
9 ascribed to it in
Section 2-3.5 of the Criminal Code of 
10 2012;

11  (18) the defendant committed the offense in a nursing 
12 home or on the
real
property comprising a nursing home. For 
13 the purposes of this paragraph (18),
"nursing home" means a 
14 skilled nursing
or intermediate long term care facility 
15 that is subject to license by the
Illinois Department of 
16 Public Health under the Nursing Home Care
Act, the 
17 Specialized Mental Health Rehabilitation Act of 2013, the 
18 ID/DD Community Care Act, or the MC/DD Act;

19  (19) the defendant was a federally licensed firearm 
20 dealer
and
was
previously convicted of a violation of 
21 subsection (a) of Section 3 of the
Firearm Owners 
22 Identification Card Act and has now committed either a 
23 felony
violation
of the Firearm Owners Identification Card 
24 Act or an act of armed violence while
armed
with a firearm;
25  (20) the defendant (i) committed the offense of 
26 reckless homicide under Section 9-3 of the Criminal Code of 
 
 
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1 1961 or the Criminal Code of 2012 or the offense of driving 
2 under the influence of alcohol, other drug or
drugs, 
3 intoxicating compound or compounds or any combination 
4 thereof under Section 11-501 of the Illinois Vehicle Code 
5 or a similar provision of a local ordinance and (ii) was 
6 operating a motor vehicle in excess of 20 miles per hour 
7 over the posted speed limit as provided in Article VI of 
8 Chapter 11 of the Illinois Vehicle Code;


9  (21) the defendant (i) committed the offense of 
10 reckless driving or aggravated reckless driving under 
11 Section 11-503 of the Illinois Vehicle Code and (ii) was 
12 operating a motor vehicle in excess of 20 miles per hour 
13 over the posted speed limit as provided in Article VI of 
14 Chapter 11 of the Illinois Vehicle Code;
15  (22) the defendant committed the offense against a 
16 person that the defendant knew, or reasonably should have 
17 known, was a member of the Armed Forces of the United 
18 States serving on active duty. For purposes of this clause 
19 (22), the term "Armed Forces" means any of the Armed Forces 
20 of the United States, including a member of any reserve 
21 component thereof or National Guard unit called to active 
22 duty;

23  (23)
the defendant committed the offense against a 
24 person who was elderly or infirm or who was a person with a 
25 disability by taking advantage of a family or fiduciary 
26 relationship with the elderly or infirm person or person 
 
 
10100SB1862ham001- 29 -LRB101 08766 TAE 60588 a


1 with a disability;

2  (24)
the defendant committed any offense under Section 
3 11-20.1 of the Criminal Code of 1961 or the Criminal Code 
4 of 2012 and possessed 100 or more images;

5  (25) the defendant committed the offense while the 
6 defendant or the victim was in a train, bus, or other 
7 vehicle used for public transportation;
8  (26) the defendant committed the offense of child 
9 pornography or aggravated child pornography, specifically 
10 including paragraph (1), (2), (3), (4), (5), or (7) of 
11 subsection (a) of Section 11-20.1 of the Criminal Code of 
12 1961 or the Criminal Code of 2012 where a child engaged in, 
13 solicited for, depicted in, or posed in any act of sexual 
14 penetration or bound, fettered, or subject to sadistic, 
15 masochistic, or sadomasochistic abuse in a sexual context 
16 and specifically including paragraph (1), (2), (3), (4), 
17 (5), or (7) of subsection (a) of Section 11-20.1B or 
18 Section 11-20.3 of the Criminal Code of 1961 where a child 
19 engaged in, solicited for, depicted in, or posed in any act 
20 of sexual penetration or bound, fettered, or subject to 
21 sadistic, masochistic, or sadomasochistic abuse in a 
22 sexual context;
23  (27) the defendant committed the offense of first 
24 degree murder, assault, aggravated assault, battery, 
25 aggravated battery, robbery, armed robbery, or aggravated 
26 robbery against a person who was a veteran and the 
 
 
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1 defendant knew, or reasonably should have known, that the 
2 person was a veteran performing duties as a representative 
3 of a veterans' organization. For the purposes of this 
4 paragraph (27), "veteran" means an Illinois resident who 
5 has served as a member of the United States Armed Forces, a 
6 member of the Illinois National Guard, or a member of the 
7 United States Reserve Forces; and "veterans' organization" 
8 means an organization comprised of members of
which 
9 substantially all are individuals who are veterans or 
10 spouses,
widows, or widowers of veterans, the primary 
11 purpose of which is to
promote the welfare of its members 
12 and to provide assistance to the general
public in such a 
13 way as to confer a public benefit; 
14  (28) the defendant committed the offense of assault, 
15 aggravated assault, battery, aggravated battery, robbery, 
16 armed robbery, or aggravated robbery against a person that 
17 the defendant knew or reasonably should have known was a 
18 letter carrier or postal worker while that person was 
19 performing his or her duties delivering mail for the United 
20 States Postal Service;
21  (29) the defendant committed the offense of criminal 
22 sexual assault, aggravated criminal sexual assault, 
23 criminal sexual abuse, or aggravated criminal sexual abuse 
24 against a victim with an intellectual disability, and the 
25 defendant holds a position of trust, authority, or 
26 supervision in relation to the victim;
 
 
10100SB1862ham001- 31 -LRB101 08766 TAE 60588 a


1  (30) the defendant committed the offense of promoting 
2 juvenile prostitution, patronizing a prostitute, or 
3 patronizing a minor engaged in prostitution and at the time 
4 of the commission of the offense knew that the prostitute 
5 or minor engaged in prostitution was in the custody or 
6 guardianship of the Department of Children and Family 
7 Services; or
8  (31) the defendant (i) committed the offense of driving 
9 while under the influence of alcohol, other drug or drugs, 
10 intoxicating compound or compounds or any combination 
11 thereof in violation of Section 11-501 of the Illinois 
12 Vehicle Code or a similar provision of a local ordinance 
13 and (ii) the defendant during the commission of the offense 
14 was driving his or her vehicle upon a roadway designated 
15 for one-way traffic in the opposite direction of the 
16 direction indicated by official traffic control devices; 
17 or . 
18  (32) the defendant committed the offense of reckless 
19 homicide while committing a violation of Section 11-907 of 
20 the Illinois Vehicle Code. 
21 For the purposes of this Section:

22 "School" is defined as a public or private
elementary or 
23secondary school, community college, college, or university.

24 "Day care center" means a public or private State certified 
25and
licensed day care center as defined in Section 2.09 of the 
26Child Care Act of
1969 that displays a sign in plain view 
 
 
10100SB1862ham001- 32 -LRB101 08766 TAE 60588 a


1stating that the
property is a day care center.

2 "Intellectual disability" means significantly subaverage 
3intellectual functioning which exists concurrently
with 
4impairment in adaptive behavior. 
5 "Public transportation" means the transportation
or 
6conveyance of persons by means available to the general public, 
7and includes paratransit services.
8 "Traffic control devices" means all signs, signals, 
9markings, and devices that conform to the Illinois Manual on 
10Uniform Traffic Control Devices, placed or erected by authority 
11of a public body or official having jurisdiction, for the 
12purpose of regulating, warning, or guiding traffic. 
13 (b) The following factors, related to all felonies, may be 
14considered by the court as
reasons to impose an extended term 
15sentence under Section 5-8-2
upon any offender:

16  (1) When a defendant is convicted of any felony, after 
17 having
been previously convicted in Illinois or any other 
18 jurisdiction of the
same or similar class felony or greater 
19 class felony, when such conviction
has occurred within 10 
20 years after the
previous conviction, excluding time spent 
21 in custody, and such charges are
separately brought and 
22 tried and arise out of different series of acts; or

23  (2) When a defendant is convicted of any felony and the 
24 court
finds that the offense was accompanied by 
25 exceptionally brutal
or heinous behavior indicative of 
26 wanton cruelty; or

 
 
10100SB1862ham001- 33 -LRB101 08766 TAE 60588 a


1  (3) When a defendant is convicted of any felony 
2 committed against:

3   (i) a person under 12 years of age at the time of 
4 the offense or such
person's property;

5   (ii) a person 60 years of age or older at the time 
6 of the offense or
such person's property; or

7   (iii) a person who had a physical disability at the 
8 time of the offense or
such person's property; or

9  (4) When a defendant is convicted of any felony and the 
10 offense
involved any of the following types of specific 
11 misconduct committed as
part of a ceremony, rite, 
12 initiation, observance, performance, practice or
activity 
13 of any actual or ostensible religious, fraternal, or social 
14 group:

15   (i) the brutalizing or torturing of humans or 
16 animals;

17   (ii) the theft of human corpses;

18   (iii) the kidnapping of humans;

19   (iv) the desecration of any cemetery, religious, 
20 fraternal, business,
governmental, educational, or 
21 other building or property; or

22   (v) ritualized abuse of a child; or

23  (5) When a defendant is convicted of a felony other 
24 than conspiracy and
the court finds that
the felony was 
25 committed under an agreement with 2 or more other persons

26 to commit that offense and the defendant, with respect to 
 
 
10100SB1862ham001- 34 -LRB101 08766 TAE 60588 a


1 the other
individuals, occupied a position of organizer, 
2 supervisor, financier, or any
other position of management 
3 or leadership, and the court further finds that
the felony 
4 committed was related to or in furtherance of the criminal

5 activities of an organized gang or was motivated by the 
6 defendant's leadership
in an organized gang; or

7  (6) When a defendant is convicted of an offense 
8 committed while using a firearm with a
laser sight attached 
9 to it. For purposes of this paragraph, "laser sight"
has 
10 the meaning ascribed to it in Section 26-7 of the Criminal 
11 Code of
2012; or

12  (7) When a defendant who was at least 17 years of age 
13 at the
time of
the commission of the offense is convicted 
14 of a felony and has been previously
adjudicated a 
15 delinquent minor under the Juvenile Court Act of 1987 for 
16 an act
that if committed by an adult would be a Class X or 
17 Class 1 felony when the
conviction has occurred within 10 
18 years after the previous adjudication,
excluding time 
19 spent in custody; or

20  (8) When a defendant commits any felony and the 
21 defendant used, possessed, exercised control over, or 
22 otherwise directed an animal to assault a law enforcement 
23 officer engaged in the execution of his or her official 
24 duties or in furtherance of the criminal activities of an 
25 organized gang in which the defendant is engaged; or


26  (9) When a defendant commits any felony and the 
 
 
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1 defendant knowingly video or audio records the offense with 
2 the intent to disseminate the recording. 
3 (c) The following factors may be considered by the court as 
4reasons to impose an extended term sentence under Section 5-8-2 
5(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
6  (1) When a defendant is convicted of first degree 
7 murder, after having been previously convicted in Illinois 
8 of any offense listed under paragraph (c)(2) of Section 
9 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred 
10 within 10 years after the previous conviction, excluding 
11 time spent in custody, and the charges are separately 
12 brought and tried and arise out of different series of 
13 acts.
14  (1.5) When a defendant is convicted of first degree 
15 murder, after having been previously convicted of domestic 
16 battery (720 ILCS 5/12-3.2) or aggravated domestic battery 
17 (720 ILCS 5/12-3.3) committed on the same victim or after 
18 having been previously convicted of violation of an order 
19 of protection (720 ILCS 5/12-30) in which the same victim 
20 was the protected person. 
21  (2) When a defendant is convicted of voluntary 
22 manslaughter, second degree murder, involuntary 
23 manslaughter, or reckless homicide in which the defendant 
24 has been convicted of causing the death of more than one 
25 individual.
26  (3) When a defendant is convicted of aggravated 
 
 
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1 criminal sexual assault or criminal sexual assault, when 
2 there is a finding that aggravated criminal sexual assault 
3 or criminal sexual assault was also committed on the same 
4 victim by one or more other individuals, and the defendant 
5 voluntarily participated in the crime with the knowledge of 
6 the participation of the others in the crime, and the 
7 commission of the crime was part of a single course of 
8 conduct during which there was no substantial change in the 
9 nature of the criminal objective.
10  (4) If the victim was under 18 years of age at the time 
11 of the commission of the offense, when a defendant is 
12 convicted of aggravated criminal sexual assault or 
13 predatory criminal sexual assault of a child under 
14 subsection (a)(1) of Section 11-1.40 or subsection (a)(1) 
15 of Section 12-14.1 of the Criminal Code of 1961 or the 
16 Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
17  (5) When a defendant is convicted of a felony violation 
18 of Section 24-1 of the Criminal Code of 1961 or the 
19 Criminal Code of 2012 (720 ILCS 5/24-1) and there is a 
20 finding that the defendant is a member of an organized 
21 gang.
22  (6) When a defendant was convicted of unlawful use of 
23 weapons under Section 24-1 of the Criminal Code of 1961 or 
24 the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing 
25 a weapon that is not readily distinguishable as one of the 
26 weapons enumerated in Section 24-1 of the Criminal Code of 
 
 
10100SB1862ham001- 37 -LRB101 08766 TAE 60588 a


1 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
2  (7) When a defendant is convicted of an offense 
3 involving the illegal manufacture of a controlled 
4 substance under Section 401 of the Illinois Controlled 
5 Substances Act (720 ILCS 570/401), the illegal manufacture 
6 of methamphetamine under Section 25 of the Methamphetamine 
7 Control and Community Protection Act (720 ILCS 646/25), or 
8 the illegal possession of explosives and an emergency 
9 response officer in the performance of his or her duties is 
10 killed or injured at the scene of the offense while 
11 responding to the emergency caused by the commission of the 
12 offense. In this paragraph, "emergency" means a situation 
13 in which a person's life, health, or safety is in jeopardy; 
14 and "emergency response officer" means a peace officer, 
15 community policing volunteer, fireman, emergency medical 
16 technician-ambulance, emergency medical 
17 technician-intermediate, emergency medical 
18 technician-paramedic, ambulance driver, other medical 
19 assistance or first aid personnel, or hospital emergency 
20 room personnel.

21  (8) When the defendant is convicted of attempted mob 
22 action, solicitation to commit mob action, or conspiracy to 
23 commit mob action under Section 8-1, 8-2, or 8-4 of the 
24 Criminal Code of 2012, where the criminal object is a 
25 violation of Section 25-1 of the Criminal Code of 2012, and 
26 an electronic communication is used in the commission of 
 
 
10100SB1862ham001- 38 -LRB101 08766 TAE 60588 a


1 the offense. For the purposes of this paragraph (8), 
2 "electronic communication" shall have the meaning provided 
3 in Section 26.5-0.1 of the Criminal Code of 2012. 
4 (d) For the purposes of this Section, "organized gang" has 
5the meaning
ascribed to it in Section 10 of the Illinois 
6Streetgang Terrorism Omnibus
Prevention Act.

7 (e) The court may impose an extended term sentence under 
8Article 4.5 of Chapter V upon an offender who has been 
9convicted of a felony violation of Section 11-1.20, 11-1.30, 
1011-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 
1112-16 of the Criminal Code of 1961 or the Criminal Code of 2012 
12when the victim of the offense is under 18 years of age at the 
13time of the commission of the offense and, during the 
14commission of the offense, the victim was under the influence 
15of alcohol, regardless of whether or not the alcohol was 
16supplied by the offender; and the offender, at the time of the 
17commission of the offense, knew or should have known that the 
18victim had consumed alcohol. 
19(Source: P.A. 99-77, eff. 1-1-16; 99-143, eff. 7-27-15; 99-180, 
20eff. 7-29-15; 99-283, eff. 1-1-16; 99-347, eff. 1-1-16; 99-642, 
21eff. 7-28-16; 100-1053, eff. 1-1-19.)



22 (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)

23 (Text of Section before amendment by P.A. 100-987)

24 Sec. 5-6-1. Sentences of probation and of conditional

25discharge and disposition of supervision. 
The General Assembly 
 
 
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1finds that in order to protect the public, the
criminal justice 
2system must compel compliance with the conditions of probation

3by responding to violations with swift, certain and fair 
4punishments and
intermediate sanctions. The Chief Judge of each 
5circuit shall adopt a system of
structured, intermediate 
6sanctions for violations of the terms and conditions
of a 
7sentence of probation, conditional discharge or disposition of

8supervision.

9 (a) Except where specifically prohibited by other

10provisions of this Code, the court shall impose a sentence
of 
11probation or conditional discharge upon an offender
unless, 
12having regard to the nature and circumstance of
the offense, 
13and to the history, character and condition
of the offender, 
14the court is of the opinion that:

15  (1) his imprisonment or periodic imprisonment is 
16 necessary
for the protection of the public; or

17  (2) probation or conditional discharge would deprecate

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

19 inconsistent with the ends of justice; or

20  (3) a combination of imprisonment with concurrent or 
21 consecutive probation when an offender has been admitted 
22 into a drug court program under Section 20 of the Drug 
23 Court Treatment Act is necessary for the protection of the 
24 public and for the rehabilitation of the offender.

25 The court shall impose as a condition of a sentence of 
26probation,
conditional discharge, or supervision, that the 
 
 
10100SB1862ham001- 40 -LRB101 08766 TAE 60588 a


1probation agency may invoke any
sanction from the list of 
2intermediate sanctions adopted by the chief judge of
the 
3circuit court for violations of the terms and conditions of the 
4sentence of
probation, conditional discharge, or supervision, 
5subject to the provisions of
Section 5-6-4 of this Act.

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

7discharge for an offense if the court is of the opinion
that 
8neither a sentence of imprisonment nor of periodic
imprisonment 
9nor of probation supervision is appropriate.

10 (b-1) Subsections (a) and (b) of this Section do not apply 
11to a defendant charged with a misdemeanor or felony under the 
12Illinois Vehicle Code or reckless homicide under Section 9-3 of 
13the Criminal Code of 1961 or the Criminal Code of 2012 if the 
14defendant within the past 12 months has been convicted of or 
15pleaded guilty to a misdemeanor or felony under the Illinois 
16Vehicle Code or reckless homicide under Section 9-3 of the 
17Criminal Code of 1961 or the Criminal Code of 2012.
18 (c) The court may, upon a plea of guilty or a stipulation

19by the defendant of the facts supporting the charge or a

20finding of guilt, defer further proceedings and the
imposition 
21of a sentence, and enter an order for supervision of the 
22defendant,
if the defendant is not charged with: (i) a Class A 
23misdemeanor, as
defined by the following provisions of the 
24Criminal Code of 1961 or the Criminal Code of 2012: Sections

2511-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6; 
2631-7; paragraphs (2) and (3) of subsection (a) of Section
21-1;

 
 
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1paragraph (1) through (5), (8), (10), and (11) of subsection 
2(a) of Section
24-1; (ii) a Class A misdemeanor violation of 
3Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals 
4Act; or (iii)
a felony.
If the defendant
is not barred from 
5receiving an order for supervision as provided in this

6subsection, the court may enter an order for supervision after 
7considering the
circumstances of the offense, and the history,

8character and condition of the offender, if the court is of the 
9opinion
that:

10  (1) the offender is not likely to commit further 
11 crimes;

12  (2) the defendant and the public would be best served 
13 if the
defendant were not to receive a criminal record; and

14  (3) in the best interests of justice an order of 
15 supervision
is more appropriate than a sentence otherwise 
16 permitted under this Code.

17 (c-5) Subsections (a), (b), and (c) of this Section do not 
18apply to a defendant charged with a second or subsequent 
19violation of Section 6-303 of the Illinois Vehicle Code 
20committed while his or her driver's license, permit or 
21privileges were revoked because of a violation of Section 9-3 
22of the Criminal Code of 1961 or the Criminal Code of 2012, 
23relating to the offense of reckless homicide, or a similar 
24provision of a law of another state.

25 (d) The provisions of paragraph (c) shall not apply to a 
26defendant charged
with violating Section 11-501 of the Illinois 
 
 
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1Vehicle Code or a similar
provision of a local
ordinance when 
2the defendant has previously been:

3  (1) convicted for a violation of Section 11-501 of
the 
4 Illinois Vehicle
Code or a similar provision of a
local 
5 ordinance or any similar law or ordinance of another state; 
6 or

7  (2) assigned supervision for a violation of Section 
8 11-501 of the Illinois
Vehicle Code or a similar provision 
9 of a local ordinance or any similar law
or ordinance of 
10 another state; or

11  (3) pleaded guilty to or stipulated to the facts 
12 supporting
a charge or a finding of guilty to a violation 
13 of Section 11-503 of the
Illinois Vehicle Code or a similar 
14 provision of a local ordinance or any
similar law or 
15 ordinance of another state, and the
plea or stipulation was 
16 the result of a plea agreement.

17 The court shall consider the statement of the prosecuting

18authority with regard to the standards set forth in this 
19Section.

20 (e) The provisions of paragraph (c) shall not apply to a 
21defendant
charged with violating Section 16-25 or 16A-3 of the 
22Criminal Code of 1961 or the Criminal Code of 2012 if said

23defendant has within the last 5 years been:

24  (1) convicted for a violation of Section 16-25 or 16A-3 
25 of the Criminal Code of
1961 or the Criminal Code of 2012; 
26 or

 
 
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1  (2) assigned supervision for a violation of Section 
2 16-25 or 16A-3 of the Criminal
Code of 1961 or the Criminal 
3 Code of 2012.

4 The court shall consider the statement of the prosecuting 
5authority with
regard to the standards set forth in this 
6Section.

7 (f) The provisions of paragraph (c) shall not apply to a 
8defendant
charged with: (1) violating Sections 15-111, 15-112, 
915-301, paragraph (b)
of Section 6-104, Section 11-605, 
10paragraph (d-5) of Section 11-605.1, Section 11-1002.5, or 
11Section 11-1414
of the Illinois Vehicle Code or a similar 
12provision of a local ordinance; or (2) committing a Class A 
13misdemeanor under subsection (c) of Section 11-907 of the 
14Illinois Vehicle Code or a similar provision of a local 
15ordinance.

16 (g) Except as otherwise provided in paragraph (i) of this 
17Section, the
provisions of paragraph (c) shall not apply to a

18defendant charged with violating Section
3-707, 3-708, 3-710, 
19or 5-401.3
of the Illinois Vehicle Code or a similar provision 
20of a local ordinance if the
defendant has within the last 5 
21years been:

22  (1) convicted for a violation of Section 3-707, 3-708, 
23 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar 
24 provision of a local
ordinance; or

25  (2) assigned supervision for a violation of Section 
26 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle 
 
 
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1 Code or a similar provision of a local
ordinance.

2 The court shall consider the statement of the prosecuting 
3authority with
regard to the standards set forth in this 
4Section.

5 (h) The provisions of paragraph (c) shall not apply to a 
6defendant under
the age of 21 years charged with violating a 
7serious traffic offense as defined
in Section 1-187.001 of the 
8Illinois Vehicle Code:

9  (1) unless the defendant, upon payment of the fines, 
10 penalties, and costs
provided by law, agrees to attend and 
11 successfully complete a traffic safety
program approved by 
12 the court under standards set by the Conference of Chief

13 Circuit Judges. The accused shall be responsible for 
14 payment of any traffic
safety program fees. If the accused 
15 fails to file a certificate of
successful completion on or 
16 before the termination date of the supervision
order, the 
17 supervision shall be summarily revoked and conviction 
18 entered. The
provisions of Supreme Court Rule 402 relating 
19 to pleas of guilty do not apply
in cases when a defendant 
20 enters a guilty plea under this provision; or

21  (2) if the defendant has previously been sentenced 
22 under the provisions of
paragraph (c) on or after January 
23 1, 1998 for any serious traffic offense as
defined in 
24 Section 1-187.001 of the Illinois Vehicle Code.

25 (h-1) The provisions of paragraph (c) shall not apply to a 
26defendant under the age of 21 years charged with an offense 
 
 
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1against traffic regulations governing the movement of vehicles 
2or any violation of Section 6-107 or Section 12-603.1 of the 
3Illinois Vehicle Code, unless the defendant, upon payment of 
4the fines, penalties, and costs provided by law, agrees to 
5attend and successfully complete a traffic safety program 
6approved by the court under standards set by the Conference of 
7Chief Circuit Judges. The accused shall be responsible for 
8payment of any traffic safety program fees. If the accused 
9fails to file a certificate of successful completion on or 
10before the termination date of the supervision order, the 
11supervision shall be summarily revoked and conviction entered. 
12The provisions of Supreme Court Rule 402 relating to pleas of 
13guilty do not apply in cases when a defendant enters a guilty 
14plea under this provision.

15 (i) The provisions of paragraph (c) shall not apply to a 
16defendant charged
with violating Section 3-707 of the Illinois 
17Vehicle Code or a similar
provision of a local ordinance if the 
18defendant has been assigned supervision
for a violation of 
19Section 3-707 of the Illinois Vehicle Code or a similar

20provision of a local ordinance.

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

22defendant charged with violating
Section 6-303 of the Illinois 
23Vehicle Code or a similar provision of
a local ordinance when 
24the revocation or suspension was for a violation of
Section 
2511-501 or a similar provision of a local ordinance or a 
26violation of
Section 11-501.1 or paragraph (b) of Section 
 
 
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111-401 of the Illinois Vehicle
Code if the
defendant has within 
2the last 10 years been:

3  (1) convicted for a violation of Section 6-303 of the 
4 Illinois Vehicle
Code or a similar provision of a local 
5 ordinance; or

6  (2) assigned supervision for a violation of Section 
7 6-303 of the Illinois
Vehicle Code or a similar provision 
8 of a local ordinance.
9 (k) The provisions of paragraph (c) shall not apply to a

10defendant charged with violating
any provision of the Illinois 
11Vehicle Code or a similar provision of a local ordinance that 
12governs the movement of vehicles if, within the 12 months 
13preceding the date of the defendant's arrest, the defendant has 
14been assigned court supervision on 2 occasions for a violation 
15that governs the movement of vehicles under the Illinois 
16Vehicle Code or a similar provision of a local ordinance.
The 
17provisions of this paragraph (k) do not apply to a defendant 
18charged with violating Section 11-501 of the Illinois Vehicle 
19Code or a similar provision of a local ordinance.

20 (l) A defendant charged with violating any provision of the 
21Illinois Vehicle Code or a similar provision of a local 
22ordinance who receives a disposition of supervision under 
23subsection (c) shall pay an additional fee of $29, to be 
24collected as provided in Sections 27.5 and 27.6 of the Clerks 
25of Courts Act. In addition to the $29 fee, the person shall 
26also pay a fee of $6, which, if not waived by the court, shall 
 
 
10100SB1862ham001- 47 -LRB101 08766 TAE 60588 a


1be collected as provided in Sections 27.5 and 27.6 of the 
2Clerks of Courts Act. The $29 fee shall be disbursed as 
3provided in Section 16-104c of the Illinois Vehicle Code. If 
4the $6 fee is collected, $5.50 of the fee shall be deposited 
5into the Circuit Court Clerk Operation and Administrative Fund 
6created by the Clerk of the Circuit Court and 50 cents of the 
7fee shall be deposited into the Prisoner Review Board Vehicle 
8and Equipment Fund in the State treasury.

9 (m) Any person convicted of, pleading guilty to, or placed 
10on supervision for a serious traffic violation, as defined in 
11Section 1-187.001 of the Illinois Vehicle Code, a violation of 
12Section 11-501 of the Illinois Vehicle Code, or a violation of 
13a similar provision of a local ordinance shall pay an 
14additional fee of $35, to be disbursed as provided in Section 
1516-104d of that Code.
16 This subsection (m) becomes inoperative on January 1, 2020.

17 (n)
The provisions of paragraph (c) shall not apply to any 
18person under the age of 18 who commits an offense against 
19traffic regulations governing the movement of vehicles or any 
20violation of Section 6-107 or Section 12-603.1 of the Illinois 
21Vehicle Code, except upon personal appearance of the defendant 
22in court and upon the written consent of the defendant's parent 
23or legal guardian, executed before the presiding judge. The 
24presiding judge shall have the authority to waive this 
25requirement upon the showing of good cause by the defendant.

26 (o)
The provisions of paragraph (c) shall not apply to a 
 
 
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1defendant charged with violating Section 6-303 of the Illinois 
2Vehicle Code or a similar provision of a local ordinance when 
3the suspension was for a violation of Section 11-501.1 of the 
4Illinois Vehicle Code and when:
5  (1) at the time of the violation of Section 11-501.1 of 
6 the Illinois Vehicle Code, the defendant was a first 
7 offender pursuant to Section 11-500 of the Illinois Vehicle 
8 Code and the defendant failed to obtain a monitoring device 
9 driving permit; or
10  (2) at the time of the violation of Section 11-501.1 of 
11 the Illinois Vehicle Code, the defendant was a first 
12 offender pursuant to Section 11-500 of the Illinois Vehicle 
13 Code, had subsequently obtained a monitoring device 
14 driving permit, but was driving a vehicle not equipped with 
15 a breath alcohol ignition interlock device as defined in 
16 Section 1-129.1 of the Illinois Vehicle Code.

17 (p) The provisions of paragraph (c) shall not apply to a 
18defendant charged with violating Section 11-601.5 of the 
19Illinois Vehicle Code or a similar provision of a local 
20ordinance when the defendant has previously been:
21  (1) convicted for a violation of Section 11-601.5 of 
22 the Illinois Vehicle Code or a similar provision of a local 
23 ordinance or any similar law or ordinance of another state; 
24 or
25  (2) assigned supervision for a violation of Section 
26 11-601.5 of the Illinois Vehicle Code or a similar 
 
 
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1 provision of a local ordinance or any similar law or 
2 ordinance of another state.
3 (q) The provisions of paragraph (c) shall not apply to a 
4defendant charged with violating subsection (b) of Section 
511-601 or Section 11-601.5 of the Illinois Vehicle Code when 
6the defendant was operating a vehicle, in an urban district, at 
7a speed that is 26 miles per hour or more in excess of the 
8applicable maximum speed limit established under Chapter 11 of 
9the Illinois Vehicle Code. 
10 (r) The provisions of paragraph (c) shall not apply to a 
11defendant charged with violating any provision of the Illinois 
12Vehicle Code or a similar provision of a local ordinance if the 
13violation was the proximate cause of the death of another and 
14the defendant's driving abstract contains a prior conviction or 
15disposition of court supervision for any violation of the 
16Illinois Vehicle Code, other than an equipment violation, or a 
17suspension, revocation, or cancellation of the driver's 
18license. 
19 (s) The provisions of paragraph (c) shall not apply to a 
20defendant charged
with violating subsection (i) of Section 70 
21of the Firearm Concealed Carry Act. 
22(Source: P.A. 98-169, eff. 1-1-14; 98-658, eff. 6-23-14; 
2398-899, eff. 8-15-14; 99-78, eff. 7-20-15; 99-212, eff. 
241-1-16.)

25 (Text of Section after amendment by P.A. 100-987)
 
 
10100SB1862ham001- 50 -LRB101 08766 TAE 60588 a


1 Sec. 5-6-1. Sentences of probation and of conditional

2discharge and disposition of supervision. 
The General Assembly 
3finds that in order to protect the public, the
criminal justice 
4system must compel compliance with the conditions of probation

5by responding to violations with swift, certain and fair 
6punishments and
intermediate sanctions. The Chief Judge of each 
7circuit shall adopt a system of
structured, intermediate 
8sanctions for violations of the terms and conditions
of a 
9sentence of probation, conditional discharge or disposition of

10supervision.

11 (a) Except where specifically prohibited by other

12provisions of this Code, the court shall impose a sentence
of 
13probation or conditional discharge upon an offender
unless, 
14having regard to the nature and circumstance of
the offense, 
15and to the history, character and condition
of the offender, 
16the court is of the opinion that:

17  (1) his imprisonment or periodic imprisonment is 
18 necessary
for the protection of the public; or

19  (2) probation or conditional discharge would deprecate

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

21 inconsistent with the ends of justice; or

22  (3) a combination of imprisonment with concurrent or 
23 consecutive probation when an offender has been admitted 
24 into a drug court program under Section 20 of the Drug 
25 Court Treatment Act is necessary for the protection of the 
26 public and for the rehabilitation of the offender.

 
 
10100SB1862ham001- 51 -LRB101 08766 TAE 60588 a


1 The court shall impose as a condition of a sentence of 
2probation,
conditional discharge, or supervision, that the 
3probation agency may invoke any
sanction from the list of 
4intermediate sanctions adopted by the chief judge of
the 
5circuit court for violations of the terms and conditions of the 
6sentence of
probation, conditional discharge, or supervision, 
7subject to the provisions of
Section 5-6-4 of this Act.

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

9discharge for an offense if the court is of the opinion
that 
10neither a sentence of imprisonment nor of periodic
imprisonment 
11nor of probation supervision is appropriate.

12 (b-1) Subsections (a) and (b) of this Section do not apply 
13to a defendant charged with a misdemeanor or felony under the 
14Illinois Vehicle Code or reckless homicide under Section 9-3 of 
15the Criminal Code of 1961 or the Criminal Code of 2012 if the 
16defendant within the past 12 months has been convicted of or 
17pleaded guilty to a misdemeanor or felony under the Illinois 
18Vehicle Code or reckless homicide under Section 9-3 of the 
19Criminal Code of 1961 or the Criminal Code of 2012.
20 (c) The court may, upon a plea of guilty or a stipulation

21by the defendant of the facts supporting the charge or a

22finding of guilt, defer further proceedings and the
imposition 
23of a sentence, and enter an order for supervision of the 
24defendant,
if the defendant is not charged with: (i) a Class A 
25misdemeanor, as
defined by the following provisions of the 
26Criminal Code of 1961 or the Criminal Code of 2012: Sections

 
 
10100SB1862ham001- 52 -LRB101 08766 TAE 60588 a


111-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6; 
231-7; paragraphs (2) and (3) of subsection (a) of Section
21-1;

3paragraph (1) through (5), (8), (10), and (11) of subsection 
4(a) of Section
24-1; (ii) a Class A misdemeanor violation of 
5Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals 
6Act; or (iii)
a felony.
If the defendant
is not barred from 
7receiving an order for supervision as provided in this

8subsection, the court may enter an order for supervision after 
9considering the
circumstances of the offense, and the history,

10character and condition of the offender, if the court is of the 
11opinion
that:

12  (1) the offender is not likely to commit further 
13 crimes;

14  (2) the defendant and the public would be best served 
15 if the
defendant were not to receive a criminal record; and

16  (3) in the best interests of justice an order of 
17 supervision
is more appropriate than a sentence otherwise 
18 permitted under this Code.

19 (c-5) Subsections (a), (b), and (c) of this Section do not 
20apply to a defendant charged with a second or subsequent 
21violation of Section 6-303 of the Illinois Vehicle Code 
22committed while his or her driver's license, permit or 
23privileges were revoked because of a violation of Section 9-3 
24of the Criminal Code of 1961 or the Criminal Code of 2012, 
25relating to the offense of reckless homicide, or a similar 
26provision of a law of another state.

 
 
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1 (d) The provisions of paragraph (c) shall not apply to a 
2defendant charged
with violating Section 11-501 of the Illinois 
3Vehicle Code or a similar
provision of a local
ordinance when 
4the defendant has previously been:

5  (1) convicted for a violation of Section 11-501 of
the 
6 Illinois Vehicle
Code or a similar provision of a
local 
7 ordinance or any similar law or ordinance of another state; 
8 or

9  (2) assigned supervision for a violation of Section 
10 11-501 of the Illinois
Vehicle Code or a similar provision 
11 of a local ordinance or any similar law
or ordinance of 
12 another state; or

13  (3) pleaded guilty to or stipulated to the facts 
14 supporting
a charge or a finding of guilty to a violation 
15 of Section 11-503 of the
Illinois Vehicle Code or a similar 
16 provision of a local ordinance or any
similar law or 
17 ordinance of another state, and the
plea or stipulation was 
18 the result of a plea agreement.

19 The court shall consider the statement of the prosecuting

20authority with regard to the standards set forth in this 
21Section.

22 (e) The provisions of paragraph (c) shall not apply to a 
23defendant
charged with violating Section 16-25 or 16A-3 of the 
24Criminal Code of 1961 or the Criminal Code of 2012 if said

25defendant has within the last 5 years been:

26  (1) convicted for a violation of Section 16-25 or 16A-3 
 
 
10100SB1862ham001- 54 -LRB101 08766 TAE 60588 a


1 of the Criminal Code of
1961 or the Criminal Code of 2012; 
2 or

3  (2) assigned supervision for a violation of Section 
4 16-25 or 16A-3 of the Criminal
Code of 1961 or the Criminal 
5 Code of 2012.

6 The court shall consider the statement of the prosecuting 
7authority with
regard to the standards set forth in this 
8Section.

9 (f) The provisions of paragraph (c) shall not apply to a 
10defendant
charged with: (1) violating Sections 15-111, 15-112, 
1115-301, paragraph (b)
of Section 6-104, Section 11-605, 
12paragraph (d-5) of Section 11-605.1, Section 11-1002.5, or 
13Section 11-1414
of the Illinois Vehicle Code or a similar 
14provision of a local ordinance; or (2) committing a Class A 
15misdemeanor under subsection (c) of Section 11-907 of the 
16Illinois Vehicle Code or a similar provision of a local 
17ordinance.

18 (g) Except as otherwise provided in paragraph (i) of this 
19Section, the
provisions of paragraph (c) shall not apply to a

20defendant charged with violating Section
3-707, 3-708, 3-710, 
21or 5-401.3
of the Illinois Vehicle Code or a similar provision 
22of a local ordinance if the
defendant has within the last 5 
23years been:

24  (1) convicted for a violation of Section 3-707, 3-708, 
25 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar 
26 provision of a local
ordinance; or

 
 
10100SB1862ham001- 55 -LRB101 08766 TAE 60588 a


1  (2) assigned supervision for a violation of Section 
2 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle 
3 Code or a similar provision of a local
ordinance.

4 The court shall consider the statement of the prosecuting 
5authority with
regard to the standards set forth in this 
6Section.

7 (h) The provisions of paragraph (c) shall not apply to a 
8defendant under
the age of 21 years charged with violating a 
9serious traffic offense as defined
in Section 1-187.001 of the 
10Illinois Vehicle Code:

11  (1) unless the defendant, upon payment of the fines, 
12 penalties, and costs
provided by law, agrees to attend and 
13 successfully complete a traffic safety
program approved by 
14 the court under standards set by the Conference of Chief

15 Circuit Judges. The accused shall be responsible for 
16 payment of any traffic
safety program fees. If the accused 
17 fails to file a certificate of
successful completion on or 
18 before the termination date of the supervision
order, the 
19 supervision shall be summarily revoked and conviction 
20 entered. The
provisions of Supreme Court Rule 402 relating 
21 to pleas of guilty do not apply
in cases when a defendant 
22 enters a guilty plea under this provision; or

23  (2) if the defendant has previously been sentenced 
24 under the provisions of
paragraph (c) on or after January 
25 1, 1998 for any serious traffic offense as
defined in 
26 Section 1-187.001 of the Illinois Vehicle Code.

 
 
10100SB1862ham001- 56 -LRB101 08766 TAE 60588 a


1 (h-1) The provisions of paragraph (c) shall not apply to a 
2defendant under the age of 21 years charged with an offense 
3against traffic regulations governing the movement of vehicles 
4or any violation of Section 6-107 or Section 12-603.1 of the 
5Illinois Vehicle Code, unless the defendant, upon payment of 
6the fines, penalties, and costs provided by law, agrees to 
7attend and successfully complete a traffic safety program 
8approved by the court under standards set by the Conference of 
9Chief Circuit Judges. The accused shall be responsible for 
10payment of any traffic safety program fees. If the accused 
11fails to file a certificate of successful completion on or 
12before the termination date of the supervision order, the 
13supervision shall be summarily revoked and conviction entered. 
14The provisions of Supreme Court Rule 402 relating to pleas of 
15guilty do not apply in cases when a defendant enters a guilty 
16plea under this provision.

17 (i) The provisions of paragraph (c) shall not apply to a 
18defendant charged
with violating Section 3-707 of the Illinois 
19Vehicle Code or a similar
provision of a local ordinance if the 
20defendant has been assigned supervision
for a violation of 
21Section 3-707 of the Illinois Vehicle Code or a similar

22provision of a local ordinance.

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

24defendant charged with violating
Section 6-303 of the Illinois 
25Vehicle Code or a similar provision of
a local ordinance when 
26the revocation or suspension was for a violation of
Section 
 
 
10100SB1862ham001- 57 -LRB101 08766 TAE 60588 a


111-501 or a similar provision of a local ordinance or a 
2violation of
Section 11-501.1 or paragraph (b) of Section 
311-401 of the Illinois Vehicle
Code if the
defendant has within 
4the last 10 years been:

5  (1) convicted for a violation of Section 6-303 of the 
6 Illinois Vehicle
Code or a similar provision of a local 
7 ordinance; or

8  (2) assigned supervision for a violation of Section 
9 6-303 of the Illinois
Vehicle Code or a similar provision 
10 of a local ordinance.
11 (k) The provisions of paragraph (c) shall not apply to a

12defendant charged with violating
any provision of the Illinois 
13Vehicle Code or a similar provision of a local ordinance that 
14governs the movement of vehicles if, within the 12 months 
15preceding the date of the defendant's arrest, the defendant has 
16been assigned court supervision on 2 occasions for a violation 
17that governs the movement of vehicles under the Illinois 
18Vehicle Code or a similar provision of a local ordinance.
The 
19provisions of this paragraph (k) do not apply to a defendant 
20charged with violating Section 11-501 of the Illinois Vehicle 
21Code or a similar provision of a local ordinance.

22 (l) (Blank).

23 (m) (Blank).
24 (n)
The provisions of paragraph (c) shall not apply to any 
25person under the age of 18 who commits an offense against 
26traffic regulations governing the movement of vehicles or any 
 
 
10100SB1862ham001- 58 -LRB101 08766 TAE 60588 a


1violation of Section 6-107 or Section 12-603.1 of the Illinois 
2Vehicle Code, except upon personal appearance of the defendant 
3in court and upon the written consent of the defendant's parent 
4or legal guardian, executed before the presiding judge. The 
5presiding judge shall have the authority to waive this 
6requirement upon the showing of good cause by the defendant.

7 (o)
The provisions of paragraph (c) shall not apply to a 
8defendant charged with violating Section 6-303 of the Illinois 
9Vehicle Code or a similar provision of a local ordinance when 
10the suspension was for a violation of Section 11-501.1 of the 
11Illinois 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 
25defendant charged with violating Section 11-601.5 of the 
26Illinois Vehicle Code or a similar provision of a local 
 
 
10100SB1862ham001- 59 -LRB101 08766 TAE 60588 a


1ordinance when the defendant has previously been:
2  (1) convicted for a violation of Section 11-601.5 of 
3 the Illinois Vehicle Code or a similar provision of a local 
4 ordinance or any similar law or ordinance of another state; 
5 or
6  (2) assigned supervision for a violation of Section 
7 11-601.5 of the Illinois Vehicle Code or a similar 
8 provision of a local ordinance or any similar law or 
9 ordinance of another state.
10 (q) The provisions of paragraph (c) shall not apply to a 
11defendant charged with violating subsection (b) of Section 
1211-601 or Section 11-601.5 of the Illinois Vehicle Code when 
13the defendant was operating a vehicle, in an urban district, at 
14a speed that is 26 miles per hour or more in excess of the 
15applicable maximum speed limit established under Chapter 11 of 
16the Illinois Vehicle Code. 
17 (r) The provisions of paragraph (c) shall not apply to a 
18defendant charged with violating any provision of the Illinois 
19Vehicle Code or a similar provision of a local ordinance if the 
20violation was the proximate cause of the death of another and 
21the defendant's driving abstract contains a prior conviction or 
22disposition of court supervision for any violation of the 
23Illinois Vehicle Code, other than an equipment violation, or a 
24suspension, revocation, or cancellation of the driver's 
25license. 
26 (s) The provisions of paragraph (c) shall not apply to a 
 
 
10100SB1862ham001- 60 -LRB101 08766 TAE 60588 a


1defendant charged
with violating subsection (i) of Section 70 
2of the Firearm Concealed Carry Act. 
3(Source: P.A. 99-78, eff. 7-20-15; 99-212, eff. 1-1-16; 
4100-987, eff. 7-1-19.)


5 Section 95. No acceleration or delay. Where this Act makes 
6changes in a statute that is represented in this Act by text 
7that is not yet or no longer in effect (for example, a Section 
8represented by multiple versions), the use of that text does 
9not accelerate or delay the taking effect of (i) the changes 
10made by this Act or (ii) provisions derived from any other 
11Public Act.".