Public Act 095-0302
 
SB0441 Enrolled LRB095 10756 DRH 30998 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by changing
Section 2-120 and adding Section 11-1002.5 as follows:
 
    (625 ILCS 5/2-120)  (from Ch. 95 1/2, par. 2-120)
    Sec. 2-120. Disposition of fines and forfeitures.
    (a) Except as provided in subsection (f) of Section 11-605
and subsection (c) of Section 11-1002.5 of this Code, fines and
penalties recovered under the provisions of this Act
administered by the Secretary of State, except those fines and
penalties subject to disbursement by the circuit clerk under
Section 27.5 of the Clerks of Courts Act, shall be paid over
and used as follows:
        1. For violations of this Act committed within the
    limits of an incorporated city or village, to the treasurer
    of the particular city or village, if arrested by the
    authorities of the city or village and reasonably
    prosecuted for all fines and penalties under this Act by
    the police officers and officials of the city or village.
        2. For violations of this Act committed outside the
    limits of an incorporated city or village to the county
    treasurer of the court where the offense was committed.
        3. For the purposes of this Act an offense for
    violation of any provision of this Act not committed upon
    the highway shall be deemed to be committed where the
    violator resides or where he has a place of business
    requiring some registration, permit or license to operate
    such business under this Act.
    (b) Failure, refusal or neglect on the part of any judicial
or other officer or employee receiving or having custody of any
such fine or forfeiture either before or after a deposit with
the proper official as defined in paragraph (a) of this
Section, shall constitute misconduct in office and shall be
grounds for removal therefrom.
(Source: P.A. 91-531, eff. 1-1-00.)
 
    (625 ILCS 5/11-1002.5 new)
    Sec. 11-1002.5. Pedestrians' right-of-way at crosswalks;
school zones.
    (a) For the purpose of this Section, "school" has the
meaning ascribed to that term in Section 11-605.
    On a school day when school children are present and so
close thereto that a potential hazard exists because of the
close proximity of the motorized traffic and when traffic
control signals are not in place or not in operation, the
driver of a vehicle shall yield the right-of-way, slowing down
or stopping if need be to so yield, to a pedestrian crossing
the roadway within a crosswalk when the pedestrian is upon the
half of the roadway upon which the vehicle is traveling, or
when the pedestrian is approaching so closely from the opposite
half of the roadway as to be in danger.
    For the purpose of this Section, a school day shall begin
at seven ante meridian and shall conclude at four post
meridian.
    This Section shall not be applicable unless appropriate
signs are posted in accordance with Section 11-605.
    (b) A first violation of this Section is a petty offense
with a minimum fine of $150. A second or subsequent violation
of this Section is a petty offense with a minimum fine of $300.
    (c) When a fine for a violation of subsection (a) is $150
or greater, the person who violates subsection (a) shall be
charged an additional $50 to be paid to the unit school
district where the violation occurred for school safety
purposes. If the violation occurred in a dual school district,
$25 of the surcharge shall be paid to the elementary school
district for school safety purposes and $25 of the surcharge
shall be paid to the high school district for school safety
purposes. Notwithstanding any other provision of law, the
entire $50 surcharge shall be paid to the appropriate school
district or districts.
    For purposes of this subsection (c), "school safety
purposes" has the meaning ascribed to that term in Section
11-605.
 
    Section 10. The Unified Code of Corrections is amended by
changing Section 5-6-1 as follows:
 
    (730 ILCS 5/5-6-1)  (from Ch. 38, par. 1005-6-1)
    Sec. 5-6-1. Sentences of Probation and of Conditional
Discharge and Disposition of Supervision. The General Assembly
finds that in order to protect the public, the criminal justice
system must compel compliance with the conditions of probation
by responding to violations with swift, certain and fair
punishments and intermediate sanctions. The Chief Judge of each
circuit shall adopt a system of structured, intermediate
sanctions for violations of the terms and conditions of a
sentence of probation, conditional discharge or disposition of
supervision.
    (a) Except where specifically prohibited by other
provisions of this Code, the court shall impose a sentence of
probation or conditional discharge upon an offender unless,
having regard to the nature and circumstance of the offense,
and to the history, character and condition of the offender,
the court is of the opinion that:
        (1) his imprisonment or periodic imprisonment is
    necessary for the protection of the public; or
        (2) probation or conditional discharge would deprecate
    the seriousness of the offender's conduct and would be
    inconsistent with the ends of justice; or
        (3) a combination of imprisonment with concurrent or
    consecutive probation when an offender has been admitted
    into a drug court program under Section 20 of the Drug
    Court Treatment Act is necessary for the protection of the
    public and for the rehabilitation of the offender.
    The court shall impose as a condition of a sentence of
probation, conditional discharge, or supervision, that the
probation agency may invoke any sanction from the list of
intermediate sanctions adopted by the chief judge of the
circuit court for violations of the terms and conditions of the
sentence of probation, conditional discharge, or supervision,
subject to the provisions of Section 5-6-4 of this Act.
    (b) The court may impose a sentence of conditional
discharge for an offense if the court is of the opinion that
neither a sentence of imprisonment nor of periodic imprisonment
nor of probation supervision is appropriate.
    (b-1) Subsections (a) and (b) of this Section do not apply
to a defendant charged with a misdemeanor or felony under the
Illinois Vehicle Code or reckless homicide under Section 9-3 of
the Criminal Code of 1961 if the defendant within the past 12
months has been convicted of or pleaded guilty to a misdemeanor
or felony under the Illinois Vehicle Code or reckless homicide
under Section 9-3 of the Criminal Code of 1961.
    (c) The court may, upon a plea of guilty or a stipulation
by the defendant of the facts supporting the charge or a
finding of guilt, defer further proceedings and the imposition
of a sentence, and enter an order for supervision of the
defendant, if the defendant is not charged with: (i) a Class A
misdemeanor, as defined by the following provisions of the
Criminal Code of 1961: Sections 11-9.1; 12-3.2; 12-15; 26-5;
31-1; 31-6; 31-7; subsections (b) and (c) of Section 21-1;
paragraph (1) through (5), (8), (10), and (11) of subsection
(a) of Section 24-1; (ii) a Class A misdemeanor violation of
Section 3.01, 3.03-1, or 4.01 of the Humane Care for Animals
Act; or (iii) felony. If the defendant is not barred from
receiving an order for supervision as provided in this
subsection, the court may enter an order for supervision after
considering the circumstances of the offense, and the history,
character and condition of the offender, if the court is of the
opinion that:
        (1) the offender is not likely to commit further
    crimes;
        (2) the defendant and the public would be best served
    if the defendant were not to receive a criminal record; and
        (3) in the best interests of justice an order of
    supervision is more appropriate than a sentence otherwise
    permitted under this Code.
    (d) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 11-501 of the Illinois
Vehicle Code or a similar provision of a local ordinance when
the defendant has previously been:
        (1) convicted for a violation of Section 11-501 of the
    Illinois Vehicle Code or a similar provision of a local
    ordinance or any similar law or ordinance of another state;
    or
        (2) assigned supervision for a violation of Section
    11-501 of the Illinois Vehicle Code or a similar provision
    of a local ordinance or any similar law or ordinance of
    another state; or
        (3) pleaded guilty to or stipulated to the facts
    supporting a charge or a finding of guilty to a violation
    of Section 11-503 of the Illinois Vehicle Code or a similar
    provision of a local ordinance or any similar law or
    ordinance of another state, and the plea or stipulation was
    the result of a plea agreement.
    The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this
Section.
    (e) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 16A-3 of the Criminal
Code of 1961 if said defendant has within the last 5 years
been:
        (1) convicted for a violation of Section 16A-3 of the
    Criminal Code of 1961; or
        (2) assigned supervision for a violation of Section
    16A-3 of the Criminal Code of 1961.
    The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this
Section.
    (f) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Sections 15-111, 15-112,
15-301, paragraph (b) of Section 6-104, Section 11-605, Section
11-1002.5, or Section 11-1414 of the Illinois Vehicle Code or a
similar provision of a local ordinance.
    (g) Except as otherwise provided in paragraph (i) of this
Section, the provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle Code or a similar provision
of a local ordinance if the defendant has within the last 5
years been:
        (1) convicted for a violation of Section 3-707, 3-708,
    3-710, or 5-401.3 of the Illinois Vehicle Code or a similar
    provision of a local ordinance; or
        (2) assigned supervision for a violation of Section
    3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
    Code or a similar provision of a local ordinance.
    The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this
Section.
    (h) The provisions of paragraph (c) shall not apply to a
defendant under the age of 21 years charged with violating a
serious traffic offense as defined in Section 1-187.001 of the
Illinois Vehicle Code:
        (1) unless the defendant, upon payment of the fines,
    penalties, and costs provided by law, agrees to attend and
    successfully complete a traffic safety program approved by
    the court under standards set by the Conference of Chief
    Circuit Judges. The accused shall be responsible for
    payment of any traffic safety program fees. If the accused
    fails to file a certificate of successful completion on or
    before the termination date of the supervision order, the
    supervision shall be summarily revoked and conviction
    entered. The provisions of Supreme Court Rule 402 relating
    to pleas of guilty do not apply in cases when a defendant
    enters a guilty plea under this provision; or
        (2) if the defendant has previously been sentenced
    under the provisions of paragraph (c) on or after January
    1, 1998 for any serious traffic offense as defined in
    Section 1-187.001 of the Illinois Vehicle Code.
    (i) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 3-707 of the Illinois
Vehicle Code or a similar provision of a local ordinance if the
defendant has been assigned supervision for a violation of
Section 3-707 of the Illinois Vehicle Code or a similar
provision of a local ordinance.
    (j) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 6-303 of the Illinois
Vehicle Code or a similar provision of a local ordinance when
the revocation or suspension was for a violation of Section
11-501 or a similar provision of a local ordinance, a violation
of Section 11-501.1 or paragraph (b) of Section 11-401 of the
Illinois Vehicle Code, or a violation of Section 9-3 of the
Criminal Code of 1961 if the defendant has within the last 10
years been:
        (1) convicted for a violation of Section 6-303 of the
    Illinois Vehicle Code or a similar provision of a local
    ordinance; or
        (2) assigned supervision for a violation of Section
    6-303 of the Illinois Vehicle Code or a similar provision
    of a local ordinance.
    (k) The provisions of paragraph (c) shall not apply to a
defendant charged with violating any provision of the Illinois
Vehicle Code or a similar provision of a local ordinance that
governs the movement of vehicles if, within the 12 months
preceding the date of the defendant's arrest, the defendant has
been assigned court supervision on 2 occasions for a violation
that governs the movement of vehicles under the Illinois
Vehicle Code or a similar provision of a local ordinance.
    (l) A defendant charged with violating any provision of the
Illinois Vehicle Code who, after a court appearance in the same
matter, receives a disposition of supervision under subsection
(c) shall pay an additional fee of $20, to be collected as
provided in Sections 27.5 and 27.6 of the Clerks of Courts Act.
In addition to the $20 fee, the person shall also pay a fee of
$5, which, if not waived by the court, shall be collected as
provided in Sections 27.5 and 27.6 of the Clerks of Courts Act.
The $20 fee shall be disbursed as provided in Section 16-104c
of the Illinois Vehicle Code. If the $5 fee is collected, $4.50
of the fee shall be deposited into the Circuit Court Clerk
Operation and Administrative Fund created by the Clerk of the
Circuit Court and 50 cents of the fee shall be deposited into
the Prisoner Review Board Vehicle and Equipment Fund in the
State treasury.
(Source: P.A. 93-388, eff. 7-25-03; 93-1014, eff. 1-1-05;
94-169, eff. 1-1-06; 94-330, eff. 1-1-06; 94-375, eff. 1-1-06;
94-1009, eff. 1-1-07.)
 
    Section 99. Effective date. This Act takes effect January
1, 2008.

Effective Date: 1/1/2008