99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3961

 

Introduced , by Rep. Joe Sosnowski

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-6-1  from Ch. 38, par. 1005-6-1

    Amends the Unified Code of Corrections. Prohibits the court from entering an order for supervision of the defendant on a driving under the influence offense if during the commission of the offense a minor under 18 years of age was a passenger in the motor vehicle.


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A BILL FOR

 

HB3961LRB099 09279 MRW 29483 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 5-6-1 as follows:
 
6    (730 ILCS 5/5-6-1)  (from Ch. 38, par. 1005-6-1)
7    Sec. 5-6-1. Sentences of Probation and of Conditional
8Discharge and Disposition of Supervision. The General Assembly
9finds that in order to protect the public, the criminal justice
10system must compel compliance with the conditions of probation
11by responding to violations with swift, certain and fair
12punishments and intermediate sanctions. The Chief Judge of each
13circuit shall adopt a system of structured, intermediate
14sanctions for violations of the terms and conditions of a
15sentence of probation, conditional discharge or disposition of
16supervision.
17    (a) Except where specifically prohibited by other
18provisions of this Code, the court shall impose a sentence of
19probation or conditional discharge upon an offender unless,
20having regard to the nature and circumstance of the offense,
21and to the history, character and condition of the offender,
22the court is of the opinion that:
23        (1) his imprisonment or periodic imprisonment is

 

 

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1    necessary for the protection of the public; or
2        (2) probation or conditional discharge would deprecate
3    the seriousness of the offender's conduct and would be
4    inconsistent with the ends of justice; or
5        (3) a combination of imprisonment with concurrent or
6    consecutive probation when an offender has been admitted
7    into a drug court program under Section 20 of the Drug
8    Court Treatment Act is necessary for the protection of the
9    public and for the rehabilitation of the offender.
10    The court shall impose as a condition of a sentence of
11probation, conditional discharge, or supervision, that the
12probation agency may invoke any sanction from the list of
13intermediate sanctions adopted by the chief judge of the
14circuit court for violations of the terms and conditions of the
15sentence of probation, conditional discharge, or supervision,
16subject to the provisions of Section 5-6-4 of this Act.
17    (b) The court may impose a sentence of conditional
18discharge for an offense if the court is of the opinion that
19neither a sentence of imprisonment nor of periodic imprisonment
20nor of probation supervision is appropriate.
21    (b-1) Subsections (a) and (b) of this Section do not apply
22to a defendant charged with a misdemeanor or felony under the
23Illinois Vehicle Code or reckless homicide under Section 9-3 of
24the Criminal Code of 1961 or the Criminal Code of 2012 if the
25defendant within the past 12 months has been convicted of or
26pleaded guilty to a misdemeanor or felony under the Illinois

 

 

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1Vehicle Code or reckless homicide under Section 9-3 of the
2Criminal Code of 1961 or the Criminal Code of 2012.
3    (c) The court may, upon a plea of guilty or a stipulation
4by the defendant of the facts supporting the charge or a
5finding of guilt, defer further proceedings and the imposition
6of a sentence, and enter an order for supervision of the
7defendant, if the defendant is not charged with: (i) a Class A
8misdemeanor, as defined by the following provisions of the
9Criminal Code of 1961 or the Criminal Code of 2012: Sections
1011-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6;
1131-7; paragraphs (2) and (3) of subsection (a) of Section 21-1;
12paragraph (1) through (5), (8), (10), and (11) of subsection
13(a) of Section 24-1; (ii) a Class A misdemeanor violation of
14Section 3.01, 3.03-1, or 4.01 of the Humane Care for Animals
15Act; or (iii) a felony. If the defendant is not barred from
16receiving an order for supervision as provided in this
17subsection, the court may enter an order for supervision after
18considering the circumstances of the offense, and the history,
19character and condition of the offender, if the court is of the
20opinion that:
21        (1) the offender is not likely to commit further
22    crimes;
23        (2) the defendant and the public would be best served
24    if the defendant were not to receive a criminal record; and
25        (3) in the best interests of justice an order of
26    supervision is more appropriate than a sentence otherwise

 

 

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1    permitted under this Code.
2    (c-5) Subsections (a), (b), and (c) of this Section do not
3apply to a defendant charged with a second or subsequent
4violation of Section 6-303 of the Illinois Vehicle Code
5committed while his or her driver's license, permit or
6privileges were revoked because of a violation of Section 9-3
7of the Criminal Code of 1961 or the Criminal Code of 2012,
8relating to the offense of reckless homicide, or a similar
9provision of a law of another state.
10    (d) The provisions of paragraph (c) shall not apply to a
11defendant charged with violating Section 11-501 of the Illinois
12Vehicle Code or a similar provision of a local ordinance when
13the defendant has previously been:
14        (1) convicted for a violation of Section 11-501 of the
15    Illinois Vehicle Code or a similar provision of a local
16    ordinance or any similar law or ordinance of another state;
17    or
18        (2) assigned supervision for a violation of Section
19    11-501 of the Illinois Vehicle Code or a similar provision
20    of a local ordinance or any similar law or ordinance of
21    another state; or
22        (3) pleaded guilty to or stipulated to the facts
23    supporting a charge or a finding of guilty to a violation
24    of Section 11-503 of the Illinois Vehicle Code or a similar
25    provision of a local ordinance or any similar law or
26    ordinance of another state, and the plea or stipulation was

 

 

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1    the result of a plea agreement.
2    The court shall consider the statement of the prosecuting
3authority with regard to the standards set forth in this
4Section.
5    (d-5) The provisions of paragraph (c) shall not apply to a
6defendant charged with violating Section 11-501 of the Illinois
7Vehicle Code or a similar provision of a local ordinance if
8during the commission of the offense a minor under 18 years of
9age was a passenger in the motor vehicle.
10    (e) The provisions of paragraph (c) shall not apply to a
11defendant charged with violating Section 16-25 or 16A-3 of the
12Criminal Code of 1961 or the Criminal Code of 2012 if said
13defendant has within the last 5 years been:
14        (1) convicted for a violation of Section 16-25 or 16A-3
15    of the Criminal Code of 1961 or the Criminal Code of 2012;
16    or
17        (2) assigned supervision for a violation of Section
18    16-25 or 16A-3 of the Criminal Code of 1961 or the Criminal
19    Code of 2012.
20    The court shall consider the statement of the prosecuting
21authority with regard to the standards set forth in this
22Section.
23    (f) The provisions of paragraph (c) shall not apply to a
24defendant charged with violating Sections 15-111, 15-112,
2515-301, paragraph (b) of Section 6-104, Section 11-605, Section
2611-1002.5, or Section 11-1414 of the Illinois Vehicle Code or a

 

 

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1similar provision of a local ordinance.
2    (g) Except as otherwise provided in paragraph (i) of this
3Section, the provisions of paragraph (c) shall not apply to a
4defendant charged with violating Section 3-707, 3-708, 3-710,
5or 5-401.3 of the Illinois Vehicle Code or a similar provision
6of a local ordinance if the defendant has within the last 5
7years been:
8        (1) convicted for a violation of Section 3-707, 3-708,
9    3-710, or 5-401.3 of the Illinois Vehicle Code or a similar
10    provision of a local ordinance; or
11        (2) assigned supervision for a violation of Section
12    3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
13    Code or a similar provision of a local ordinance.
14    The court shall consider the statement of the prosecuting
15authority with regard to the standards set forth in this
16Section.
17    (h) The provisions of paragraph (c) shall not apply to a
18defendant under the age of 21 years charged with violating a
19serious traffic offense as defined in Section 1-187.001 of the
20Illinois Vehicle Code:
21        (1) unless the defendant, upon payment of the fines,
22    penalties, and costs provided by law, agrees to attend and
23    successfully complete a traffic safety program approved by
24    the court under standards set by the Conference of Chief
25    Circuit Judges. The accused shall be responsible for
26    payment of any traffic safety program fees. If the accused

 

 

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1    fails to file a certificate of successful completion on or
2    before the termination date of the supervision order, the
3    supervision shall be summarily revoked and conviction
4    entered. The provisions of Supreme Court Rule 402 relating
5    to pleas of guilty do not apply in cases when a defendant
6    enters a guilty plea under this provision; or
7        (2) if the defendant has previously been sentenced
8    under the provisions of paragraph (c) on or after January
9    1, 1998 for any serious traffic offense as defined in
10    Section 1-187.001 of the Illinois Vehicle Code.
11    (h-1) The provisions of paragraph (c) shall not apply to a
12defendant under the age of 21 years charged with an offense
13against traffic regulations governing the movement of vehicles
14or any violation of Section 6-107 or Section 12-603.1 of the
15Illinois Vehicle Code, unless the defendant, upon payment of
16the fines, penalties, and costs provided by law, agrees to
17attend and successfully complete a traffic safety program
18approved by the court under standards set by the Conference of
19Chief Circuit Judges. The accused shall be responsible for
20payment of any traffic safety program fees. If the accused
21fails to file a certificate of successful completion on or
22before the termination date of the supervision order, the
23supervision shall be summarily revoked and conviction entered.
24The provisions of Supreme Court Rule 402 relating to pleas of
25guilty do not apply in cases when a defendant enters a guilty
26plea under this provision.

 

 

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1    (i) The provisions of paragraph (c) shall not apply to a
2defendant charged with violating Section 3-707 of the Illinois
3Vehicle Code or a similar provision of a local ordinance if the
4defendant has been assigned supervision for a violation of
5Section 3-707 of the Illinois Vehicle Code or a similar
6provision of a local ordinance.
7    (j) 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 revocation or suspension was for a violation of Section
1111-501 or a similar provision of a local ordinance or a
12violation of Section 11-501.1 or paragraph (b) of Section
1311-401 of the Illinois Vehicle Code if the defendant has within
14the last 10 years been:
15        (1) convicted for a violation of Section 6-303 of the
16    Illinois Vehicle Code or a similar provision of a local
17    ordinance; or
18        (2) assigned supervision for a violation of Section
19    6-303 of the Illinois Vehicle Code or a similar provision
20    of a local ordinance.
21    (k) The provisions of paragraph (c) shall not apply to a
22defendant charged with violating any provision of the Illinois
23Vehicle Code or a similar provision of a local ordinance that
24governs the movement of vehicles if, within the 12 months
25preceding the date of the defendant's arrest, the defendant has
26been assigned court supervision on 2 occasions for a violation

 

 

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1that governs the movement of vehicles under the Illinois
2Vehicle Code or a similar provision of a local ordinance. The
3provisions of this paragraph (k) do not apply to a defendant
4charged with violating Section 11-501 of the Illinois Vehicle
5Code or a similar provision of a local ordinance.
6    (l) A defendant charged with violating any provision of the
7Illinois Vehicle Code or a similar provision of a local
8ordinance who receives a disposition of supervision under
9subsection (c) shall pay an additional fee of $29, to be
10collected as provided in Sections 27.5 and 27.6 of the Clerks
11of Courts Act. In addition to the $29 fee, the person shall
12also pay a fee of $6, which, if not waived by the court, shall
13be collected as provided in Sections 27.5 and 27.6 of the
14Clerks of Courts Act. The $29 fee shall be disbursed as
15provided in Section 16-104c of the Illinois Vehicle Code. If
16the $6 fee is collected, $5.50 of the fee shall be deposited
17into the Circuit Court Clerk Operation and Administrative Fund
18created by the Clerk of the Circuit Court and 50 cents of the
19fee shall be deposited into the Prisoner Review Board Vehicle
20and Equipment Fund in the State treasury.
21    (m) Any person convicted of, pleading guilty to, or placed
22on supervision for a serious traffic violation, as defined in
23Section 1-187.001 of the Illinois Vehicle Code, a violation of
24Section 11-501 of the Illinois Vehicle Code, or a violation of
25a similar provision of a local ordinance shall pay an
26additional fee of $35, to be disbursed as provided in Section

 

 

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116-104d of that Code.
2    This subsection (m) becomes inoperative on January 1, 2020.
3    (n) The provisions of paragraph (c) shall not apply to any
4person under the age of 18 who commits an offense against
5traffic regulations governing the movement of vehicles or any
6violation of Section 6-107 or Section 12-603.1 of the Illinois
7Vehicle Code, except upon personal appearance of the defendant
8in court and upon the written consent of the defendant's parent
9or legal guardian, executed before the presiding judge. The
10presiding judge shall have the authority to waive this
11requirement upon the showing of good cause by the defendant.
12    (o) The provisions of paragraph (c) shall not apply to a
13defendant charged with violating Section 6-303 of the Illinois
14Vehicle Code or a similar provision of a local ordinance when
15the suspension was for a violation of Section 11-501.1 of the
16Illinois Vehicle Code and when:
17        (1) 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 and the defendant failed to obtain a monitoring device
21    driving permit; or
22        (2) at the time of the violation of Section 11-501.1 of
23    the Illinois Vehicle Code, the defendant was a first
24    offender pursuant to Section 11-500 of the Illinois Vehicle
25    Code, had subsequently obtained a monitoring device
26    driving permit, but was driving a vehicle not equipped with

 

 

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1    a breath alcohol ignition interlock device as defined in
2    Section 1-129.1 of the Illinois Vehicle Code.
3    (p) The provisions of paragraph (c) shall not apply to a
4defendant charged with violating Section 11-601.5 of the
5Illinois Vehicle Code or a similar provision of a local
6ordinance.
7    (q) The provisions of paragraph (c) shall not apply to a
8defendant charged with violating subsection (b) of Section
911-601 of the Illinois Vehicle Code when the defendant was
10operating a vehicle, in an urban district, at a speed in excess
11of 25 miles per hour over the posted speed limit.
12    (r) The provisions of paragraph (c) shall not apply to a
13defendant charged with violating any provision of the Illinois
14Vehicle Code or a similar provision of a local ordinance if the
15violation was the proximate cause of the death of another and
16the defendant's driving abstract contains a prior conviction or
17disposition of court supervision for any violation of the
18Illinois Vehicle Code, other than an equipment violation, or a
19suspension, revocation, or cancellation of the driver's
20license.
21    (s) The provisions of paragraph (c) shall not apply to a
22defendant charged with violating subsection (i) of Section 70
23of the Firearm Concealed Carry Act.
24(Source: P.A. 97-333, eff. 8-12-11; 97-597, eff. 1-1-12;
2597-831, eff. 7-1-13; 97-1108, eff. 1-1-13; 97-1150, eff.
261-25-13; 98-169, eff. 1-1-14; 98-658, eff. 6-23-14; 98-899,

 

 

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