Full Text of HB3978 99th General Assembly
HB3978ham001 99TH GENERAL ASSEMBLY | Rep. Jeanne M Ives Filed: 3/23/2015
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| 1 | | AMENDMENT TO HOUSE BILL 3978
| 2 | | AMENDMENT NO. ______. Amend House Bill 3978 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Sections 6-206 and 11-601.5 as follows:
| 6 | | (625 ILCS 5/6-206)
| 7 | | Sec. 6-206. Discretionary authority to suspend or revoke | 8 | | license or
permit; Right to a hearing.
| 9 | | (a) The Secretary of State is authorized to suspend or | 10 | | revoke the
driving privileges of any person without preliminary | 11 | | hearing upon a showing
of the person's records or other | 12 | | sufficient evidence that
the person:
| 13 | | 1. Has committed an offense for which mandatory | 14 | | revocation of
a driver's license or permit is required upon | 15 | | conviction;
| 16 | | 2. Has been convicted of not less than 3 offenses |
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| 1 | | against traffic
regulations governing the movement of | 2 | | vehicles committed within any 12
month period. No | 3 | | revocation or suspension shall be entered more than
6 | 4 | | months after the date of last conviction;
| 5 | | 3. Has been repeatedly involved as a driver in motor | 6 | | vehicle
collisions or has been repeatedly convicted of | 7 | | offenses against laws and
ordinances regulating the | 8 | | movement of traffic, to a degree that
indicates lack of | 9 | | ability to exercise ordinary and reasonable care in
the | 10 | | safe operation of a motor vehicle or disrespect for the | 11 | | traffic laws
and the safety of other persons upon the | 12 | | highway;
| 13 | | 4. Has by the unlawful operation of a motor vehicle | 14 | | caused or
contributed to an accident resulting in injury | 15 | | requiring
immediate professional treatment in a medical | 16 | | facility or doctor's office
to any person, except that any | 17 | | suspension or revocation imposed by the
Secretary of State | 18 | | under the provisions of this subsection shall start no
| 19 | | later than 6 months after being convicted of violating a | 20 | | law or
ordinance regulating the movement of traffic, which | 21 | | violation is related
to the accident, or shall start not | 22 | | more than one year
after
the date of the accident, | 23 | | whichever date occurs later;
| 24 | | 5. Has permitted an unlawful or fraudulent use of a | 25 | | driver's
license, identification card, or permit;
| 26 | | 6. Has been lawfully convicted of an offense or |
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| 1 | | offenses in another
state, including the authorization | 2 | | contained in Section 6-203.1, which
if committed within | 3 | | this State would be grounds for suspension or revocation;
| 4 | | 7. Has refused or failed to submit to an examination | 5 | | provided for by
Section 6-207 or has failed to pass the | 6 | | examination;
| 7 | | 8. Is ineligible for a driver's license or permit under | 8 | | the provisions
of Section 6-103;
| 9 | | 9. Has made a false statement or knowingly concealed a | 10 | | material fact
or has used false information or | 11 | | identification in any application for a
license, | 12 | | identification card, or permit;
| 13 | | 10. Has possessed, displayed, or attempted to | 14 | | fraudulently use any
license, identification card, or | 15 | | permit not issued to the person;
| 16 | | 11. Has operated a motor vehicle upon a highway of this | 17 | | State when
the person's driving privilege or privilege to | 18 | | obtain a driver's license
or permit was revoked or | 19 | | suspended unless the operation was authorized by
a | 20 | | monitoring device driving permit, judicial driving permit | 21 | | issued prior to January 1, 2009, probationary license to | 22 | | drive, or a restricted
driving permit issued under this | 23 | | Code;
| 24 | | 12. Has submitted to any portion of the application | 25 | | process for
another person or has obtained the services of | 26 | | another person to submit to
any portion of the application |
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| 1 | | process for the purpose of obtaining a
license, | 2 | | identification card, or permit for some other person;
| 3 | | 13. Has operated a motor vehicle upon a highway of this | 4 | | State when
the person's driver's license or permit was | 5 | | invalid under the provisions of
Sections 6-107.1 and
6-110;
| 6 | | 14. Has committed a violation of Section 6-301, | 7 | | 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | 8 | | of the Illinois Identification Card
Act;
| 9 | | 15. Has been convicted of violating Section 21-2 of the | 10 | | Criminal Code
of 1961 or the Criminal Code of 2012 relating | 11 | | to criminal trespass to vehicles in which case, the | 12 | | suspension
shall be for one year;
| 13 | | 16. Has been convicted of violating Section 11-204 of | 14 | | this Code relating
to fleeing from a peace officer;
| 15 | | 17. Has refused to submit to a test, or tests, as | 16 | | required under Section
11-501.1 of this Code and the person | 17 | | has not sought a hearing as
provided for in Section | 18 | | 11-501.1;
| 19 | | 18. Has, since issuance of a driver's license or | 20 | | permit, been adjudged
to be afflicted with or suffering | 21 | | from any mental disability or disease;
| 22 | | 19. Has committed a violation of paragraph (a) or (b) | 23 | | of Section 6-101
relating to driving without a driver's | 24 | | license;
| 25 | | 20. Has been convicted of violating Section 6-104 | 26 | | relating to
classification of driver's license;
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| 1 | | 21. Has been convicted of violating Section 11-402 of
| 2 | | this Code relating to leaving the scene of an accident | 3 | | resulting in damage
to a vehicle in excess of $1,000, in | 4 | | which case the suspension shall be
for one year;
| 5 | | 22. Has used a motor vehicle in violating paragraph | 6 | | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | 7 | | the Criminal Code of 1961 or the Criminal Code of 2012 | 8 | | relating
to unlawful use of weapons, in which case the | 9 | | suspension shall be for one
year;
| 10 | | 23. Has, as a driver, been convicted of committing a | 11 | | violation of
paragraph (a) of Section 11-502 of this Code | 12 | | for a second or subsequent
time within one year of a | 13 | | similar violation;
| 14 | | 24. Has been convicted by a court-martial or punished | 15 | | by non-judicial
punishment by military authorities of the | 16 | | United States at a military
installation in Illinois or in | 17 | | another state of or for a traffic related offense that is | 18 | | the
same as or similar to an offense specified under | 19 | | Section 6-205 or 6-206 of
this Code;
| 20 | | 25. Has permitted any form of identification to be used | 21 | | by another in
the application process in order to obtain or | 22 | | attempt to obtain a license,
identification card, or | 23 | | permit;
| 24 | | 26. Has altered or attempted to alter a license or has | 25 | | possessed an
altered license, identification card, or | 26 | | permit;
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| 1 | | 27. Has violated Section 6-16 of the Liquor Control Act | 2 | | of 1934;
| 3 | | 28. Has been convicted for a first time of the illegal | 4 | | possession, while operating or
in actual physical control, | 5 | | as a driver, of a motor vehicle, of any
controlled | 6 | | substance prohibited under the Illinois Controlled | 7 | | Substances
Act, any cannabis prohibited under the Cannabis | 8 | | Control
Act, or any methamphetamine prohibited under the | 9 | | Methamphetamine Control and Community Protection Act, in | 10 | | which case the person's driving privileges shall be | 11 | | suspended for
one year.
Any defendant found guilty of this | 12 | | offense while operating a motor vehicle,
shall have an | 13 | | entry made in the court record by the presiding judge that
| 14 | | this offense did occur while the defendant was operating a | 15 | | motor vehicle
and order the clerk of the court to report | 16 | | the violation to the Secretary
of State;
| 17 | | 29. Has been convicted of the following offenses that | 18 | | were committed
while the person was operating or in actual | 19 | | physical control, as a driver,
of a motor vehicle: criminal | 20 | | sexual assault,
predatory criminal sexual assault of a | 21 | | child,
aggravated criminal sexual
assault, criminal sexual | 22 | | abuse, aggravated criminal sexual abuse, juvenile
pimping, | 23 | | soliciting for a juvenile prostitute, promoting juvenile | 24 | | prostitution as described in subdivision (a)(1), (a)(2), | 25 | | or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 | 26 | | or the Criminal Code of 2012, and the manufacture, sale or
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| 1 | | delivery of controlled substances or instruments used for | 2 | | illegal drug use
or abuse in which case the driver's | 3 | | driving privileges shall be suspended
for one year;
| 4 | | 30. Has been convicted a second or subsequent time for | 5 | | any
combination of the offenses named in paragraph 29 of | 6 | | this subsection,
in which case the person's driving | 7 | | privileges shall be suspended for 5
years;
| 8 | | 31. Has refused to submit to a test as
required by | 9 | | Section 11-501.6 of this Code or Section 5-16c of the Boat | 10 | | Registration and Safety Act or has submitted to a test | 11 | | resulting in
an alcohol concentration of 0.08 or more or | 12 | | any amount of a drug, substance, or
compound resulting from | 13 | | the unlawful use or consumption of cannabis as listed
in | 14 | | the Cannabis Control Act, a controlled substance as listed | 15 | | in the Illinois
Controlled Substances Act, an intoxicating | 16 | | compound as listed in the Use of
Intoxicating Compounds | 17 | | Act, or methamphetamine as listed in the Methamphetamine | 18 | | Control and Community Protection Act, in which case the | 19 | | penalty shall be
as prescribed in Section 6-208.1;
| 20 | | 32. Has been convicted of Section 24-1.2 of the | 21 | | Criminal Code of
1961 or the Criminal Code of 2012 relating | 22 | | to the aggravated discharge of a firearm if the offender | 23 | | was
located in a motor vehicle at the time the firearm was | 24 | | discharged, in which
case the suspension shall be for 3 | 25 | | years;
| 26 | | 33. Has as a driver, who was less than 21 years of age |
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| 1 | | on the date of
the offense, been convicted a first time of | 2 | | a violation of paragraph (a) of
Section 11-502 of this Code | 3 | | or a similar provision of a local ordinance;
| 4 | | 34. Has committed a violation of Section 11-1301.5 of | 5 | | this Code or a similar provision of a local ordinance;
| 6 | | 35. Has committed a violation of Section 11-1301.6 of | 7 | | this Code or a similar provision of a local ordinance;
| 8 | | 36. Is under the age of 21 years at the time of arrest | 9 | | and has been
convicted of not less than 2 offenses against | 10 | | traffic regulations governing
the movement of vehicles | 11 | | committed within any 24 month period. No revocation
or | 12 | | suspension shall be entered more than 6 months after the | 13 | | date of last
conviction;
| 14 | | 37. Has committed a violation of subsection (c) of | 15 | | Section 11-907 of this
Code that resulted in damage to the | 16 | | property of another or the death or injury of another;
| 17 | | 38. Has been convicted of a violation of Section 6-20 | 18 | | of the Liquor
Control Act of 1934 or a similar provision of | 19 | | a local ordinance;
| 20 | | 39. Has committed a second or subsequent violation of | 21 | | Section
11-1201 of this Code;
| 22 | | 40. Has committed a violation of subsection (a-1) of | 23 | | Section 11-908 of
this Code; | 24 | | 41. Has committed a second or subsequent violation of | 25 | | Section 11-605.1 of this Code, a similar provision of a | 26 | | local ordinance, or a similar violation in any other state |
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| 1 | | within 2 years of the date of the previous violation, in | 2 | | which case the suspension shall be for 90 days; | 3 | | 42. Has committed a violation of subsection (a-1) of | 4 | | Section 11-1301.3 of this Code or a similar provision of a | 5 | | local ordinance;
| 6 | | 43. Has received a disposition of court supervision for | 7 | | a violation of subsection (a), (d), or (e) of Section 6-20 | 8 | | of the Liquor
Control Act of 1934 or a similar provision of | 9 | | a local ordinance, in which case the suspension shall be | 10 | | for a period of 3 months;
| 11 | | 44.
Is under the age of 21 years at the time of arrest | 12 | | and has been convicted of an offense against traffic | 13 | | regulations governing the movement of vehicles after | 14 | | having previously had his or her driving privileges
| 15 | | suspended or revoked pursuant to subparagraph 36 of this | 16 | | Section; | 17 | | 45.
Has, in connection with or during the course of a | 18 | | formal hearing conducted under Section 2-118 of this Code: | 19 | | (i) committed perjury; (ii) submitted fraudulent or | 20 | | falsified documents; (iii) submitted documents that have | 21 | | been materially altered; or (iv) submitted, as his or her | 22 | | own, documents that were in fact prepared or composed for | 23 | | another person; | 24 | | 46. Has committed a violation of subsection (j) of | 25 | | Section 3-413 of this Code; or
| 26 | | 47. Has committed a violation of Section 11-502.1 of |
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| 1 | | this Code ; or . | 2 | | 48. Has been convicted of a violation of Section | 3 | | 11-601.5 of this Code. | 4 | | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | 5 | | and 27 of this
subsection, license means any driver's license, | 6 | | any traffic ticket issued when
the person's driver's license is | 7 | | deposited in lieu of bail, a suspension
notice issued by the | 8 | | Secretary of State, a duplicate or corrected driver's
license, | 9 | | a probationary driver's license or a temporary driver's | 10 | | license. | 11 | | (b) If any conviction forming the basis of a suspension or
| 12 | | revocation authorized under this Section is appealed, the
| 13 | | Secretary of State may rescind or withhold the entry of the | 14 | | order of suspension
or revocation, as the case may be, provided | 15 | | that a certified copy of a stay
order of a court is filed with | 16 | | the Secretary of State. If the conviction is
affirmed on | 17 | | appeal, the date of the conviction shall relate back to the | 18 | | time
the original judgment of conviction was entered and the 6 | 19 | | month limitation
prescribed shall not apply.
| 20 | | (c) 1. Upon suspending or revoking the driver's license or | 21 | | permit of
any person as authorized in this Section, the | 22 | | Secretary of State shall
immediately notify the person in | 23 | | writing of the revocation or suspension.
The notice to be | 24 | | deposited in the United States mail, postage prepaid,
to the | 25 | | last known address of the person.
| 26 | | 2. If the Secretary of State suspends the driver's license
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| 1 | | of a person under subsection 2 of paragraph (a) of this | 2 | | Section, a
person's privilege to operate a vehicle as an | 3 | | occupation shall not be
suspended, provided an affidavit is | 4 | | properly completed, the appropriate fee
received, and a permit | 5 | | issued prior to the effective date of the
suspension, unless 5 | 6 | | offenses were committed, at least 2 of which occurred
while | 7 | | operating a commercial vehicle in connection with the driver's
| 8 | | regular occupation. All other driving privileges shall be | 9 | | suspended by the
Secretary of State. Any driver prior to | 10 | | operating a vehicle for
occupational purposes only must submit | 11 | | the affidavit on forms to be
provided by the Secretary of State | 12 | | setting forth the facts of the person's
occupation. The | 13 | | affidavit shall also state the number of offenses
committed | 14 | | while operating a vehicle in connection with the driver's | 15 | | regular
occupation. The affidavit shall be accompanied by the | 16 | | driver's license.
Upon receipt of a properly completed | 17 | | affidavit, the Secretary of State
shall issue the driver a | 18 | | permit to operate a vehicle in connection with the
driver's | 19 | | regular occupation only. Unless the permit is issued by the
| 20 | | Secretary of State prior to the date of suspension, the | 21 | | privilege to drive
any motor vehicle shall be suspended as set | 22 | | forth in the notice that was
mailed under this Section. If an | 23 | | affidavit is received subsequent to the
effective date of this | 24 | | suspension, a permit may be issued for the remainder
of the | 25 | | suspension period.
| 26 | | The provisions of this subparagraph shall not apply to any |
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| 1 | | driver
required to possess a CDL for the purpose of operating a | 2 | | commercial motor vehicle.
| 3 | | Any person who falsely states any fact in the affidavit | 4 | | required
herein shall be guilty of perjury under Section 6-302 | 5 | | and upon conviction
thereof shall have all driving privileges | 6 | | revoked without further rights.
| 7 | | 3. At the conclusion of a hearing under Section 2-118 of | 8 | | this Code,
the Secretary of State shall either rescind or | 9 | | continue an order of
revocation or shall substitute an order of | 10 | | suspension; or, good
cause appearing therefor, rescind, | 11 | | continue, change, or extend the
order of suspension. If the | 12 | | Secretary of State does not rescind the order,
the Secretary | 13 | | may upon application,
to relieve undue hardship (as defined by | 14 | | the rules of the Secretary of State), issue
a restricted | 15 | | driving permit granting the privilege of driving a motor
| 16 | | vehicle between the petitioner's residence and petitioner's | 17 | | place of
employment or within the scope of the petitioner's | 18 | | employment related duties, or to
allow the petitioner to | 19 | | transport himself or herself, or a family member of the
| 20 | | petitioner's household to a medical facility, to receive | 21 | | necessary medical care, to allow the petitioner to transport | 22 | | himself or herself to and from alcohol or drug
remedial or | 23 | | rehabilitative activity recommended by a licensed service | 24 | | provider, or to allow the petitioner to transport himself or | 25 | | herself or a family member of the petitioner's household to | 26 | | classes, as a student, at an accredited educational |
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| 1 | | institution, or to allow the petitioner to transport children, | 2 | | elderly persons, or disabled persons who do not hold driving | 3 | | privileges and are living in the petitioner's household to and | 4 | | from daycare. The
petitioner must demonstrate that no | 5 | | alternative means of
transportation is reasonably available | 6 | | and that the petitioner will not endanger
the public safety or | 7 | | welfare. Those multiple offenders identified in subdivision | 8 | | (b)4 of Section 6-208 of this Code, however, shall not be | 9 | | eligible for the issuance of a restricted driving permit.
| 10 | | (A) If a person's license or permit is revoked or | 11 | | suspended due to 2
or more convictions of violating Section | 12 | | 11-501 of this Code or a similar
provision of a local | 13 | | ordinance or a similar out-of-state offense, or Section 9-3 | 14 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 15 | | where the use of alcohol or other drugs is recited as an | 16 | | element of the offense, or a similar out-of-state offense, | 17 | | or a combination of these offenses, arising out
of separate | 18 | | occurrences, that person, if issued a restricted driving | 19 | | permit,
may not operate a vehicle unless it has been | 20 | | equipped with an ignition
interlock device as defined in | 21 | | Section 1-129.1.
| 22 | | (B) If a person's license or permit is revoked or | 23 | | suspended 2 or more
times within a 10 year period due to | 24 | | any combination of: | 25 | | (i) a single conviction of violating Section
| 26 | | 11-501 of this Code or a similar provision of a local |
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| 1 | | ordinance or a similar
out-of-state offense or Section | 2 | | 9-3 of the Criminal Code of 1961 or the Criminal Code | 3 | | of 2012, where the use of alcohol or other drugs is | 4 | | recited as an element of the offense, or a similar | 5 | | out-of-state offense; or | 6 | | (ii) a statutory summary suspension or revocation | 7 | | under Section
11-501.1; or | 8 | | (iii) a suspension under Section 6-203.1; | 9 | | arising out of
separate occurrences; that person, if issued | 10 | | a restricted driving permit, may
not operate a vehicle | 11 | | unless it has been
equipped with an ignition interlock | 12 | | device as defined in Section 1-129.1. | 13 | | (C)
The person issued a permit conditioned upon the use | 14 | | of an ignition interlock device must pay to the Secretary | 15 | | of State DUI Administration Fund an amount
not to exceed | 16 | | $30 per month. The Secretary shall establish by rule the | 17 | | amount
and the procedures, terms, and conditions relating | 18 | | to these fees. | 19 | | (D) If the
restricted driving permit is issued for | 20 | | employment purposes, then the prohibition against | 21 | | operating a motor vehicle that is not equipped with an | 22 | | ignition interlock device does not apply to the operation | 23 | | of an occupational vehicle owned or
leased by that person's | 24 | | employer when used solely for employment purposes. | 25 | | (E) In each case the Secretary may issue a
restricted | 26 | | driving permit for a period deemed appropriate, except that |
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| 1 | | all
permits shall expire within one year from the date of | 2 | | issuance. The Secretary
may not, however, issue a | 3 | | restricted driving permit to any person whose current
| 4 | | revocation is the result of a second or subsequent | 5 | | conviction for a violation
of Section 11-501 of this Code | 6 | | or a similar provision of a local ordinance
or any similar | 7 | | out-of-state offense, or Section 9-3 of the Criminal Code | 8 | | of 1961 or the Criminal Code of 2012, where the use of | 9 | | alcohol or other drugs is recited as an element of the | 10 | | offense, or any similar out-of-state offense, or any | 11 | | combination
of those offenses, until the expiration of at | 12 | | least one year from the date of
the revocation. A
| 13 | | restricted driving permit issued under this Section shall | 14 | | be subject to
cancellation, revocation, and suspension by | 15 | | the Secretary of State in like
manner and for like cause as | 16 | | a driver's license issued under this Code may be
cancelled, | 17 | | revoked, or suspended; except that a conviction upon one or | 18 | | more
offenses against laws or ordinances regulating the | 19 | | movement of traffic
shall be deemed sufficient cause for | 20 | | the revocation, suspension, or
cancellation of a | 21 | | restricted driving permit. The Secretary of State may, as
a | 22 | | condition to the issuance of a restricted driving permit, | 23 | | require the
applicant to participate in a designated driver | 24 | | remedial or rehabilitative
program. The Secretary of State | 25 | | is authorized to cancel a restricted
driving permit if the | 26 | | permit holder does not successfully complete the program.
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| 1 | | (c-3) In the case of a suspension under paragraph 43 of | 2 | | subsection (a), reports received by the Secretary of State | 3 | | under this Section shall, except during the actual time the | 4 | | suspension is in effect, be privileged information and for use | 5 | | only by the courts, police officers, prosecuting authorities, | 6 | | the driver licensing administrator of any other state, the | 7 | | Secretary of State, or the parent or legal guardian of a driver | 8 | | under the age of 18. However, beginning January 1, 2008, if the | 9 | | person is a CDL holder, the suspension shall also be made | 10 | | available to the driver licensing administrator of any other | 11 | | state, the U.S. Department of Transportation, and the affected | 12 | | driver or motor
carrier or prospective motor carrier upon | 13 | | request.
| 14 | | (c-4) In the case of a suspension under paragraph 43 of | 15 | | subsection (a), the Secretary of State shall notify the person | 16 | | by mail that his or her driving privileges and driver's license | 17 | | will be suspended one month after the date of the mailing of | 18 | | the notice.
| 19 | | (c-5) The Secretary of State may, as a condition of the | 20 | | reissuance of a
driver's license or permit to an applicant | 21 | | whose driver's license or permit has
been suspended before he | 22 | | or she reached the age of 21 years pursuant to any of
the | 23 | | provisions of this Section, require the applicant to | 24 | | participate in a
driver remedial education course and be | 25 | | retested under Section 6-109 of this
Code.
| 26 | | (d) This Section is subject to the provisions of the |
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| 1 | | Drivers License
Compact.
| 2 | | (e) The Secretary of State shall not issue a restricted | 3 | | driving permit to
a person under the age of 16 years whose | 4 | | driving privileges have been suspended
or revoked under any | 5 | | provisions of this Code.
| 6 | | (f) In accordance with 49 C.F.R. 384, the Secretary of | 7 | | State may not issue a restricted driving permit for the | 8 | | operation of a commercial motor vehicle to a person holding a | 9 | | CDL whose driving privileges have been suspended, revoked, | 10 | | cancelled, or disqualified under any provisions of this Code. | 11 | | (Source: P.A. 97-229, eff. 7-28-11; 97-333, eff. 8-12-11; | 12 | | 97-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, eff. 1-1-13; | 13 | | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-103, eff. | 14 | | 1-1-14; 98-122, eff. 1-1-14; 98-726, eff. 1-1-15; 98-756, eff. | 15 | | 7-16-14 .)
| 16 | | (625 ILCS 5/11-601.5)
| 17 | | Sec. 11-601.5. Driving 30 26 miles per hour or more in | 18 | | excess of
applicable limit. | 19 | | (a) A person who drives a vehicle upon any highway of
this | 20 | | State at a speed that is 30 26 miles per hour or more but less | 21 | | than 35 miles per hour in excess of
the applicable maximum | 22 | | speed limit established under this Chapter or a
local ordinance | 23 | | commits a Class B misdemeanor. | 24 | | (b) (Blank). A person who drives a vehicle upon any highway | 25 | | of
this State at a speed that is 35 miles per hour or more in |
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| 1 | | excess of
the applicable maximum speed limit established under | 2 | | this Chapter or a
local ordinance commits a Class A | 3 | | misdemeanor.
| 4 | | (Source: P.A. 98-511, eff. 1-1-14.)
| 5 | | Section 10. The Unified Code of Corrections is amended by | 6 | | changing Section 5-6-1 as follows:
| 7 | | (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
| 8 | | Sec. 5-6-1. Sentences of Probation and of Conditional
| 9 | | Discharge and Disposition of Supervision.
The General Assembly | 10 | | finds that in order to protect the public, the
criminal justice | 11 | | system must compel compliance with the conditions of probation
| 12 | | by responding to violations with swift, certain and fair | 13 | | punishments and
intermediate sanctions. The Chief Judge of each | 14 | | circuit shall adopt a system of
structured, intermediate | 15 | | sanctions for violations of the terms and conditions
of a | 16 | | sentence of probation, conditional discharge or disposition of
| 17 | | supervision.
| 18 | | (a) Except where specifically prohibited by other
| 19 | | provisions of this Code, the court shall impose a sentence
of | 20 | | probation or conditional discharge upon an offender
unless, | 21 | | having regard to the nature and circumstance of
the offense, | 22 | | and to the history, character and condition
of the offender, | 23 | | the court is of the opinion that:
| 24 | | (1) his imprisonment or periodic imprisonment is |
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| 1 | | necessary
for the protection of the public; or
| 2 | | (2) probation or conditional discharge would deprecate
| 3 | | the seriousness of the offender's conduct and would be
| 4 | | inconsistent with the ends of justice; or
| 5 | | (3) a combination of imprisonment with concurrent or | 6 | | consecutive probation when an offender has been admitted | 7 | | into a drug court program under Section 20 of the Drug | 8 | | Court Treatment Act is necessary for the protection of the | 9 | | public and for the rehabilitation of the offender.
| 10 | | The court shall impose as a condition of a sentence of | 11 | | probation,
conditional discharge, or supervision, that the | 12 | | probation agency may invoke any
sanction from the list of | 13 | | intermediate sanctions adopted by the chief judge of
the | 14 | | circuit court for violations of the terms and conditions of the | 15 | | sentence of
probation, conditional discharge, or supervision, | 16 | | subject to the provisions of
Section 5-6-4 of this Act.
| 17 | | (b) The court may impose a sentence of conditional
| 18 | | discharge for an offense if the court is of the opinion
that | 19 | | neither a sentence of imprisonment nor of periodic
imprisonment | 20 | | nor of probation supervision is appropriate.
| 21 | | (b-1) Subsections (a) and (b) of this Section do not apply | 22 | | to a defendant charged with a misdemeanor or felony under the | 23 | | Illinois Vehicle Code or reckless homicide under Section 9-3 of | 24 | | the Criminal Code of 1961 or the Criminal Code of 2012 if the | 25 | | defendant within the past 12 months has been convicted of or | 26 | | pleaded guilty to a misdemeanor or felony under the Illinois |
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| 1 | | Vehicle Code or reckless homicide under Section 9-3 of the | 2 | | Criminal Code of 1961 or the Criminal Code of 2012. | 3 | | (c) The court may, upon a plea of guilty or a stipulation
| 4 | | by the defendant of the facts supporting the charge or a
| 5 | | finding of guilt, defer further proceedings and the
imposition | 6 | | of a sentence, and enter an order for supervision of the | 7 | | defendant,
if the defendant is not charged with: (i) a Class A | 8 | | misdemeanor, as
defined by the following provisions of the | 9 | | Criminal Code of 1961 or the Criminal Code of 2012: Sections
| 10 | | 11-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6; | 11 | | 31-7; paragraphs (2) and (3) of subsection (a) of Section
21-1;
| 12 | | paragraph (1) through (5), (8), (10), and (11) of subsection | 13 | | (a) of Section
24-1; (ii) a Class A misdemeanor violation of | 14 | | Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals | 15 | | Act; or (iii)
a felony.
If the defendant
is not barred from | 16 | | receiving an order for supervision as provided in this
| 17 | | subsection, the court may enter an order for supervision after | 18 | | considering the
circumstances of the offense, and the history,
| 19 | | character and condition of the offender, if the court is of the | 20 | | opinion
that:
| 21 | | (1) the offender is not likely to commit further | 22 | | crimes;
| 23 | | (2) the defendant and the public would be best served | 24 | | if the
defendant were not to receive a criminal record; and
| 25 | | (3) in the best interests of justice an order of | 26 | | supervision
is more appropriate than a sentence otherwise |
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| 1 | | permitted under this Code.
| 2 | | (c-5) Subsections (a), (b), and (c) of this Section do not | 3 | | apply to a defendant charged with a second or subsequent | 4 | | violation of Section 6-303 of the Illinois Vehicle Code | 5 | | committed while his or her driver's license, permit or | 6 | | privileges were revoked because of a violation of Section 9-3 | 7 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 8 | | relating to the offense of reckless homicide, or a similar | 9 | | provision of a law of another state.
| 10 | | (d) The provisions of paragraph (c) shall not apply to a | 11 | | defendant charged
with violating Section 11-501 of the Illinois | 12 | | Vehicle Code or a similar
provision of a local
ordinance when | 13 | | the defendant has previously been:
| 14 | | (1) convicted for a violation of Section 11-501 of
the | 15 | | Illinois Vehicle
Code or a similar provision of a
local | 16 | | ordinance or any similar law or ordinance of another state; | 17 | | or
| 18 | | (2) assigned supervision for a violation of Section | 19 | | 11-501 of the Illinois
Vehicle Code or a similar provision | 20 | | of a local ordinance or any similar law
or ordinance of | 21 | | another state; or
| 22 | | (3) pleaded guilty to or stipulated to the facts | 23 | | supporting
a charge or a finding of guilty to a violation | 24 | | of Section 11-503 of the
Illinois Vehicle Code or a similar | 25 | | provision of a local ordinance or any
similar law or | 26 | | ordinance of another state, and the
plea or stipulation was |
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| 1 | | the result of a plea agreement.
| 2 | | The court shall consider the statement of the prosecuting
| 3 | | authority with regard to the standards set forth in this | 4 | | Section.
| 5 | | (e) The provisions of paragraph (c) shall not apply to a | 6 | | defendant
charged with violating Section 16-25 or 16A-3 of the | 7 | | Criminal Code of 1961 or the Criminal Code of 2012 if said
| 8 | | defendant has within the last 5 years been:
| 9 | | (1) convicted for a violation of Section 16-25 or 16A-3 | 10 | | of the Criminal Code of
1961 or the Criminal Code of 2012; | 11 | | or
| 12 | | (2) assigned supervision for a violation of Section | 13 | | 16-25 or 16A-3 of the Criminal
Code of 1961 or the Criminal | 14 | | Code of 2012.
| 15 | | The court shall consider the statement of the prosecuting | 16 | | authority with
regard to the standards set forth in this | 17 | | Section.
| 18 | | (f) The provisions of paragraph (c) shall not apply to a | 19 | | defendant
charged with violating Sections 15-111, 15-112, | 20 | | 15-301, paragraph (b)
of Section 6-104, Section 11-605, Section | 21 | | 11-1002.5, or Section 11-1414
of the Illinois Vehicle Code or a | 22 | | similar provision of a local ordinance.
| 23 | | (g) Except as otherwise provided in paragraph (i) of this | 24 | | Section, the
provisions of paragraph (c) shall not apply to a
| 25 | | defendant charged with violating Section
3-707, 3-708, 3-710, | 26 | | or 5-401.3
of the Illinois Vehicle Code or a similar provision |
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| 1 | | of a local ordinance if the
defendant has within the last 5 | 2 | | years been:
| 3 | | (1) convicted for a violation of Section 3-707, 3-708, | 4 | | 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | 5 | | provision of a local
ordinance; or
| 6 | | (2) assigned supervision for a violation of Section | 7 | | 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle | 8 | | Code or a similar provision of a local
ordinance.
| 9 | | The court shall consider the statement of the prosecuting | 10 | | authority with
regard to the standards set forth in this | 11 | | Section.
| 12 | | (h) The provisions of paragraph (c) shall not apply to a | 13 | | defendant under
the age of 21 years charged with violating a | 14 | | serious traffic offense as defined
in Section 1-187.001 of the | 15 | | Illinois Vehicle Code:
| 16 | | (1) unless the defendant, upon payment of the fines, | 17 | | penalties, and costs
provided by law, agrees to attend and | 18 | | successfully complete a traffic safety
program approved by | 19 | | the court under standards set by the Conference of Chief
| 20 | | Circuit Judges. The accused shall be responsible for | 21 | | payment of any traffic
safety program fees. If the accused | 22 | | fails to file a certificate of
successful completion on or | 23 | | before the termination date of the supervision
order, the | 24 | | supervision shall be summarily revoked and conviction | 25 | | entered. The
provisions of Supreme Court Rule 402 relating | 26 | | to pleas of guilty do not apply
in cases when a defendant |
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| 1 | | enters a guilty plea under this provision; or
| 2 | | (2) if the defendant has previously been sentenced | 3 | | under the provisions of
paragraph (c) on or after January | 4 | | 1, 1998 for any serious traffic offense as
defined in | 5 | | Section 1-187.001 of the Illinois Vehicle Code.
| 6 | | (h-1) The provisions of paragraph (c) shall not apply to a | 7 | | defendant under the age of 21 years charged with an offense | 8 | | against traffic regulations governing the movement of vehicles | 9 | | or any violation of Section 6-107 or Section 12-603.1 of the | 10 | | Illinois Vehicle Code, unless the defendant, upon payment of | 11 | | the fines, penalties, and costs provided by law, agrees to | 12 | | attend and successfully complete a traffic safety program | 13 | | approved by the court under standards set by the Conference of | 14 | | Chief Circuit Judges. The accused shall be responsible for | 15 | | payment of any traffic safety program fees. If the accused | 16 | | fails to file a certificate of successful completion on or | 17 | | before the termination date of the supervision order, the | 18 | | supervision shall be summarily revoked and conviction entered. | 19 | | The provisions of Supreme Court Rule 402 relating to pleas of | 20 | | guilty do not apply in cases when a defendant enters a guilty | 21 | | plea under this provision.
| 22 | | (i) The provisions of paragraph (c) shall not apply to a | 23 | | defendant charged
with violating Section 3-707 of the Illinois | 24 | | Vehicle Code or a similar
provision of a local ordinance if the | 25 | | defendant has been assigned supervision
for a violation of | 26 | | Section 3-707 of the Illinois Vehicle Code or a similar
|
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| 1 | | provision of a local ordinance.
| 2 | | (j) The provisions of paragraph (c) shall not apply to a
| 3 | | defendant charged with violating
Section 6-303 of the Illinois | 4 | | Vehicle Code or a similar provision of
a local ordinance when | 5 | | the revocation or suspension was for a violation of
Section | 6 | | 11-501 or a similar provision of a local ordinance or a | 7 | | violation of
Section 11-501.1 or paragraph (b) of Section | 8 | | 11-401 of the Illinois Vehicle
Code if the
defendant has within | 9 | | the last 10 years been:
| 10 | | (1) convicted for a violation of Section 6-303 of the | 11 | | Illinois Vehicle
Code or a similar provision of a local | 12 | | ordinance; or
| 13 | | (2) assigned supervision for a violation of Section | 14 | | 6-303 of the Illinois
Vehicle Code or a similar provision | 15 | | of a local ordinance. | 16 | | (k) The provisions of paragraph (c) shall not apply to a
| 17 | | defendant charged with violating
any provision of the Illinois | 18 | | Vehicle Code or a similar provision of a local ordinance that | 19 | | governs the movement of vehicles if, within the 12 months | 20 | | preceding the date of the defendant's arrest, the defendant has | 21 | | been assigned court supervision on 2 occasions for a violation | 22 | | that governs the movement of vehicles under the Illinois | 23 | | Vehicle Code or a similar provision of a local ordinance.
The | 24 | | provisions of this paragraph (k) do not apply to a defendant | 25 | | charged with violating Section 11-501 of the Illinois Vehicle | 26 | | Code or a similar provision of a local ordinance.
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| 1 | | (l) A defendant charged with violating any provision of the | 2 | | Illinois Vehicle Code or a similar provision of a local | 3 | | ordinance who receives a disposition of supervision under | 4 | | subsection (c) shall pay an additional fee of $29, to be | 5 | | collected as provided in Sections 27.5 and 27.6 of the Clerks | 6 | | of Courts Act. In addition to the $29 fee, the person shall | 7 | | also pay a fee of $6, which, if not waived by the court, shall | 8 | | be collected as provided in Sections 27.5 and 27.6 of the | 9 | | Clerks of Courts Act. The $29 fee shall be disbursed as | 10 | | provided in Section 16-104c of the Illinois Vehicle Code. If | 11 | | the $6 fee is collected, $5.50 of the fee shall be deposited | 12 | | into the Circuit Court Clerk Operation and Administrative Fund | 13 | | created by the Clerk of the Circuit Court and 50 cents of the | 14 | | fee shall be deposited into the Prisoner Review Board Vehicle | 15 | | and Equipment Fund in the State treasury.
| 16 | | (m) Any person convicted of, pleading guilty to, or placed | 17 | | on supervision for a serious traffic violation, as defined in | 18 | | Section 1-187.001 of the Illinois Vehicle Code, a violation of | 19 | | Section 11-501 of the Illinois Vehicle Code, or a violation of | 20 | | a similar provision of a local ordinance shall pay an | 21 | | additional fee of $35, to be disbursed as provided in Section | 22 | | 16-104d of that Code. | 23 | | This subsection (m) becomes inoperative on January 1, 2020.
| 24 | | (n)
The provisions of paragraph (c) shall not apply to any | 25 | | person under the age of 18 who commits an offense against | 26 | | traffic regulations governing the movement of vehicles or any |
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| 1 | | violation of Section 6-107 or Section 12-603.1 of the Illinois | 2 | | Vehicle Code, except upon personal appearance of the defendant | 3 | | in court and upon the written consent of the defendant's parent | 4 | | or legal guardian, executed before the presiding judge. The | 5 | | presiding judge shall have the authority to waive this | 6 | | requirement upon the showing of good cause by the defendant.
| 7 | | (o)
The provisions of paragraph (c) shall not apply to a | 8 | | defendant charged with violating Section 6-303 of the Illinois | 9 | | Vehicle Code or a similar provision of a local ordinance when | 10 | | the suspension was for a violation of Section 11-501.1 of the | 11 | | Illinois Vehicle Code and when: | 12 | | (1) at the time of the violation of Section 11-501.1 of | 13 | | the Illinois Vehicle Code, the defendant was a first | 14 | | offender pursuant to Section 11-500 of the Illinois Vehicle | 15 | | Code and the defendant failed to obtain a monitoring device | 16 | | driving permit; or | 17 | | (2) at the time of the violation of Section 11-501.1 of | 18 | | the Illinois Vehicle Code, the defendant was a first | 19 | | offender pursuant to Section 11-500 of the Illinois Vehicle | 20 | | Code, had subsequently obtained a monitoring device | 21 | | driving permit, but was driving a vehicle not equipped with | 22 | | a breath alcohol ignition interlock device as defined in | 23 | | Section 1-129.1 of the Illinois Vehicle Code.
| 24 | | (p) (Blank). The provisions of paragraph (c) shall not | 25 | | apply to a defendant charged with violating Section 11-601.5 of | 26 | | the Illinois Vehicle Code or a similar provision of a local |
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| 1 | | ordinance. | 2 | | (q) (Blank). The provisions of paragraph (c) shall not | 3 | | apply to a defendant charged with violating subsection (b) of | 4 | | Section 11-601 of the Illinois Vehicle Code when the defendant | 5 | | was operating a vehicle, in an urban district, at a speed in | 6 | | excess of 25 miles per hour over the posted speed limit. | 7 | | (r) The provisions of paragraph (c) shall not apply to a | 8 | | defendant charged with violating any provision of the Illinois | 9 | | Vehicle Code or a similar provision of a local ordinance if the | 10 | | violation was the proximate cause of the death of another and | 11 | | the defendant's driving abstract contains a prior conviction or | 12 | | disposition of court supervision for any violation of the | 13 | | Illinois Vehicle Code, other than an equipment violation, or a | 14 | | suspension, revocation, or cancellation of the driver's | 15 | | license. | 16 | | (s) The provisions of paragraph (c) shall not apply to a | 17 | | defendant charged
with violating subsection (i) of Section 70 | 18 | | of the Firearm Concealed Carry Act. | 19 | | (Source: P.A. 97-333, eff. 8-12-11; 97-597, eff. 1-1-12; | 20 | | 97-831, eff. 7-1-13; 97-1108, eff. 1-1-13; 97-1150, eff. | 21 | | 1-25-13; 98-169, eff. 1-1-14; 98-658, eff. 6-23-14; 98-899, | 22 | | eff. 8-15-14; revised 10-1-14.)".
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