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,

 

 

10100SB1862ham001- 27 -LRB101 08766 TAE 60588 a

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

 

 

10100SB1862ham001- 28 -LRB101 08766 TAE 60588 a

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

 

 

10100SB1862ham001- 35 -LRB101 08766 TAE 60588 a

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

 

 

10100SB1862ham001- 36 -LRB101 08766 TAE 60588 a

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

 

 

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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

 

 

10100SB1862ham001- 43 -LRB101 08766 TAE 60588 a

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

 

 

10100SB1862ham001- 44 -LRB101 08766 TAE 60588 a

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

 

 

10100SB1862ham001- 45 -LRB101 08766 TAE 60588 a

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

 

 

10100SB1862ham001- 46 -LRB101 08766 TAE 60588 a

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

 

 

10100SB1862ham001- 48 -LRB101 08766 TAE 60588 a

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

 

 

10100SB1862ham001- 49 -LRB101 08766 TAE 60588 a

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.

 

 

10100SB1862ham001- 53 -LRB101 08766 TAE 60588 a

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

 

 

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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

 

 

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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

 

 

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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

 

 

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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.".