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Public Act 096-1002


 

Public Act 1002 96TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 096-1002
 
SB3796 Enrolled LRB096 20636 AJT 36348 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. This Act may be referred to as Chris and Katie's
Law.
 
    Section 5. The Illinois Vehicle Code is amended by changing
Section 11-601.5 as follows:
 
    (625 ILCS 5/11-601.5)
    Sec. 11-601.5. Driving 30 miles per hour or more in excess
of applicable limit. Driving 40 miles per hour or more in
excess of applicable limit.
    (a) A person who drives a vehicle upon any highway of this
State at a speed that is 30 miles per hour or more but less than
40 miles per hour in excess of the applicable maximum speed
limit established under this Chapter or a local ordinance
commits a Class B misdemeanor.
    (b) A person who drives a vehicle upon any highway of this
State at a speed that is 40 miles per hour or more in excess of
the applicable maximum speed limit established under this
Chapter or a local ordinance commits a Class A misdemeanor.
(Source: P.A. 91-469, eff. 1-1-00.)
 
    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) a 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.
    (c-5) Subsections (a), (b), and (c) of this Section do not
apply to a defendant charged with a second or subsequent
violation of Section 6-303 of the Illinois Vehicle Code
committed while his or her driver's license, permit or
privileges were revoked because of a violation of Section 9-3
of the Criminal Code of 1961, relating to the offense of
reckless homicide, or a similar provision of a law of another
state.
    (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.
    (h-1) The provisions of paragraph (c) shall not apply to a
defendant under the age of 21 years charged with an offense
against traffic regulations governing the movement of vehicles
or any violation of Section 6-107 or Section 12-603.1 of the
Illinois Vehicle Code, 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.
    (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 or a
violation of Section 11-501.1 or paragraph (b) of Section
11-401 of the Illinois Vehicle Code 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. The
provisions of this paragraph (k) do not apply to a defendant
charged with violating Section 11-501 of 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 or a similar provision of a local
ordinance who receives a disposition of supervision under
subsection (c) shall pay an additional fee of $29, to be
collected as provided in Sections 27.5 and 27.6 of the Clerks
of Courts Act. In addition to the $29 fee, the person shall
also pay a fee of $6, 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 $29 fee shall be disbursed as
provided in Section 16-104c of the Illinois Vehicle Code. If
the $6 fee is collected, $5.50 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.
    (m) Any person convicted of, pleading guilty to, or placed
on supervision for a serious traffic violation, as defined in
Section 1-187.001 of the Illinois Vehicle Code, a violation of
Section 11-501 of the Illinois Vehicle Code, or a violation of
a similar provision of a local ordinance shall pay an
additional fee of $20, to be disbursed as provided in Section
16-104d of that Code.
    This subsection (m) becomes inoperative 7 years after
October 13, 2007 (the effective date of Public Act 95-154).
    (n) The provisions of paragraph (c) shall not apply to any
person under the age of 18 who commits an offense against
traffic regulations governing the movement of vehicles or any
violation of Section 6-107 or Section 12-603.1 of the Illinois
Vehicle Code, except upon personal appearance of the defendant
in court and upon the written consent of the defendant's parent
or legal guardian, executed before the presiding judge. The
presiding judge shall have the authority to waive this
requirement upon the showing of good cause by the defendant.
    (o) 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 suspension was for a violation of Section 11-501.1 of the
Illinois Vehicle Code and when:
        (1) at the time of the violation of Section 11-501.1 of
    the Illinois Vehicle Code, the defendant was a first
    offender pursuant to Section 11-500 of the Illinois Vehicle
    Code and the defendant failed to obtain a monitoring device
    driving permit; or
        (2) at the time of the violation of Section 11-501.1 of
    the Illinois Vehicle Code, the defendant was a first
    offender pursuant to Section 11-500 of the Illinois Vehicle
    Code, had subsequently obtained a monitoring device
    driving permit, but was driving a vehicle not equipped with
    a breath alcohol ignition interlock device as defined in
    Section 1-129.1 of the Illinois Vehicle Code.
    (p) The provisions of paragraph (c) shall not apply to a
defendant charged with violating subsection (b) of Section
11-601.5 of the Illinois Vehicle Code or a similar provision of
a local ordinance.
(Source: P.A. 95-154, eff. 10-13-07; 95-302, eff. 1-1-08;
95-310, eff. 1-1-08; 95-377, eff. 1-1-08; 95-400, eff. 1-1-09;
95-428, 8-24-07; 95-876, eff. 8-21-08; 96-253, eff. 8-11-09;
96-286, eff. 8-11-09; 96-328, eff. 8-11-09; 96-625, eff.
1-1-10; revised 10-1-09.)

Effective Date: 1/1/2011