Illinois General Assembly

Previous General Assemblies

Public Act 099-0212


 

Public Act 0212 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0212
 
HB1453 EnrolledLRB099 03951 RLC 23968 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 3. The Illinois Vehicle Code is amended by changing
Sections 11-605 and 11-605.1 as follows:
 
    (625 ILCS 5/11-605)  (from Ch. 95 1/2, par. 11-605)
    Sec. 11-605. Special speed limit while passing schools.
    (a) For the purpose of this Section, "school" means the
following entities:
        (1) A public or private primary or secondary school.
        (2) A primary or secondary school operated by a
    religious institution.
        (3) A public, private, or religious nursery school.
    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, no person shall drive
a motor vehicle at a speed in excess of 20 miles per hour while
passing a school zone or while traveling on a roadway on public
school property or upon any public thoroughfare where children
pass going to and from school.
    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 upon streets and highways under their
respective jurisdiction and maintained by the Department,
township, county, park district, city, village or incorporated
town wherein the school zone is located. With regard to the
special speed limit while passing schools, such signs shall
give proper due warning that a school zone is being approached
and shall indicate the school zone and the maximum speed limit
in effect during school days when school children are present.
    (b) (Blank).
    (c) Nothing in this Chapter shall prohibit the use of
electronic speed-detecting devices within 500 feet of signs
within a special school speed zone indicating such zone, as
defined in this Section, nor shall evidence obtained thereby be
inadmissible in any prosecution for speeding provided the use
of such device shall apply only to the enforcement of the speed
limit in such special school speed zone.
    (d) (Blank).
    (e) Except as provided in subsection (e-5), a person who
violates A first violation of this Section is guilty of a petty
offense. Violations of this Section are punishable with a
minimum fine of $150 for the first violation and a minimum fine
of $300 for the . A second or subsequent violation of this
Section is a petty offense with a minimum fine of $300.
    (e-5) A person committing a violation of this Section is
guilty of aggravated special speed limit while passing schools
when he or she drives a motor vehicle at a speed that is:
        (1) 26 miles per hour or more but less than 35 miles
    per hour in excess of the applicable special speed limit
    established under this Section or a similar provision of a
    local ordinance and is guilty of a Class B misdemeanor; or
        (2) 35 miles per hour or more in excess of the
    applicable special speed limit established under this
    Section or a similar provision of a local ordinance and is
    guilty of a Class A misdemeanor.
    (f) 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 (f), "school safety
purposes" includes the costs associated with school zone safety
education, the Safe Routes to School Program under Section
2705-317 of the Department of Transportation Law of the Civil
Administrative Code of Illinois, safety programs within the
School Safety and Educational Improvement Block Grant Program
under Section 2-3.51.5 of the School Code, and the purchase,
installation, and maintenance of caution lights which are
mounted on school speed zone signs.
    (g) (Blank).
    (h) (Blank).
(Source: P.A. 96-52, eff. 7-23-09.)
 
    (625 ILCS 5/11-605.1)
    Sec. 11-605.1. Special limit while traveling through a
highway construction or maintenance speed zone.
    (a) A person may not operate a motor vehicle in a
construction or maintenance speed zone at a speed in excess of
the posted speed limit when workers are present.
    (a-5) A person may not operate a motor vehicle in a
construction or maintenance speed zone at a speed in excess of
the posted speed limit when workers are not present.
    (b) Nothing in this Chapter prohibits the use of electronic
speed-detecting devices within 500 feet of signs within a
construction or maintenance speed zone indicating the zone, as
defined in this Section, nor shall evidence obtained by use of
those devices be inadmissible in any prosecution for speeding,
provided the use of the device shall apply only to the
enforcement of the speed limit in the construction or
maintenance speed zone.
    (c) As used in this Section, a "construction or maintenance
speed zone" is an area in which the Department, Toll Highway
Authority, or local agency has posted signage advising drivers
that a construction or maintenance speed zone is being
approached, or in which the Department, Authority, or local
agency has posted a lower speed limit with a highway
construction or maintenance speed zone special speed limit sign
after determining that the preexisting established speed limit
through a highway construction or maintenance project is
greater than is reasonable or safe with respect to the
conditions expected to exist in the construction or maintenance
speed zone.
    If it is determined that the preexisting established speed
limit is safe with respect to the conditions expected to exist
in the construction or maintenance speed zone, additional speed
limit signs which conform to the requirements of this
subsection (c) shall be posted.
    Highway construction or maintenance speed zone special
speed limit signs shall be of a design approved by the
Department. The signs must give proper due warning that a
construction or maintenance speed zone is being approached and
must indicate the maximum speed limit in effect. The signs also
must state the amount of the minimum fine for a violation.
    (d) Except as provided under subsection (d-5), a person who
violates A first violation of this Section is guilty of a petty
offense. Violations of this Section are punishable with a
minimum fine of $250 for the first violation and a minimum fine
of $750 for the . A second or subsequent violation of this
Section is a petty offense with a minimum fine of $750.
    (d-5) A person committing a violation of this Section is
guilty of aggravated special speed limit while traveling
through a highway construction or maintenance speed zone when
he or she drives a motor vehicle at a speed that is:
        (1) 26 miles per hour or more but less than 35 miles
    per hour in excess of the applicable special speed limit
    established under this Section or a similar provision of a
    local ordinance and is guilty of a Class B misdemeanor; or
        (2) 35 miles per hour or more in excess of the
    applicable special speed limit established under this
    Section or a similar provision of a local ordinance and is
    guilty of a Class A misdemeanor.
    (e) If a fine for a violation of this Section is $250 or
greater, the person who violated this Section shall be charged
an additional $125, which shall be deposited into the
Transportation Safety Highway Hire-back Fund in the State
treasury, unless (i) the violation occurred on a highway other
than an interstate highway and (ii) a county police officer
wrote the ticket for the violation, in which case the $125
shall be deposited into that county's Transportation Safety
Highway Hire-back Fund. In the case of a second or subsequent
violation of this Section, if the fine is $750 or greater, the
person who violated this Section shall be charged an additional
$250, which shall be deposited into the Transportation Safety
Highway Hire-back Fund in the State treasury, unless (i) the
violation occurred on a highway other than an interstate
highway and (ii) a county police officer wrote the ticket for
the violation, in which case the $250 shall be deposited into
that county's Transportation Safety Highway Hire-back Fund.
    (e-5) The Department of State Police and the local county
police department have concurrent jurisdiction over any
violation of this Section that occurs on an interstate highway.
    (f) The Transportation Safety Highway Hire-back Fund,
which was created by Public Act 92-619, shall continue to be a
special fund in the State treasury. Subject to appropriation by
the General Assembly and approval by the Secretary, the
Secretary of Transportation shall use all moneys in the
Transportation Safety Highway Hire-back Fund to hire off-duty
Department of State Police officers to monitor construction or
maintenance zones.
    (f-5) Each county shall create a Transportation Safety
Highway Hire-back Fund. The county shall use all moneys in its
Transportation Safety Highway Hire-back Fund to hire off-duty
county police officers to monitor construction or maintenance
zones in that county on highways other than interstate
highways.
    (g) For a second or subsequent violation of this Section
within 2 years of the date of the previous violation, the
Secretary of State shall suspend the driver's license of the
violator for a period of 90 days. This suspension shall only be
imposed if the current violation of this Section and at least
one prior violation of this Section occurred during a period
when workers were present in the construction or maintenance
zone.
(Source: P.A. 97-830, eff. 1-1-13; 98-337, eff. 1-1-14.)
 
    Section 5. 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 or the Criminal Code of 2012 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 or the Criminal Code of 2012.
    (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 or the Criminal Code of 2012: Sections
11-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6;
31-7; paragraphs (2) and (3) of subsection (a) 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 or the Criminal Code of 2012,
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 16-25 or 16A-3 of the
Criminal Code of 1961 or the Criminal Code of 2012 if said
defendant has within the last 5 years been:
        (1) convicted for a violation of Section 16-25 or 16A-3
    of the Criminal Code of 1961 or the Criminal Code of 2012;
    or
        (2) assigned supervision for a violation of Section
    16-25 or 16A-3 of the Criminal Code of 1961 or the Criminal
    Code of 2012.
    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,
paragraph (d-5) of Section 11-605.1, 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 $35, to be disbursed as provided in Section
16-104d of that Code.
    This subsection (m) becomes inoperative on January 1, 2020.
    (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 Section 11-601.5 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 11-601.5 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
    11-601.5 of the Illinois Vehicle Code or a similar
    provision of a local ordinance or any similar law or
    ordinance of another state.
    (q) The provisions of paragraph (c) shall not apply to a
defendant charged with violating subsection (b) of Section
11-601 or Section 11-601.5 of the Illinois Vehicle Code when
the defendant was operating a vehicle, in an urban district, at
a speed that is 26 miles per hour or more in excess of the
applicable maximum speed limit established under Chapter 11 of
the Illinois Vehicle Code 25 miles per hour over the posted
speed limit.
    (r) 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 if the
violation was the proximate cause of the death of another and
the defendant's driving abstract contains a prior conviction or
disposition of court supervision for any violation of the
Illinois Vehicle Code, other than an equipment violation, or a
suspension, revocation, or cancellation of the driver's
license.
    (s) The provisions of paragraph (c) shall not apply to a
defendant charged with violating subsection (i) of Section 70
of the Firearm Concealed Carry Act.
(Source: P.A. 97-333, eff. 8-12-11; 97-597, eff. 1-1-12;
97-831, eff. 7-1-13; 97-1108, eff. 1-1-13; 97-1150, eff.
1-25-13; 98-169, eff. 1-1-14; 98-658, eff. 6-23-14; 98-899,
eff. 8-15-14; revised 10-1-14.)

Effective Date: 1/1/2016