99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3978

 

Introduced , by Rep. Jeanne M Ives

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-601.5
730 ILCS 5/5-6-1  from Ch. 38, par. 1005-6-1

    Amends the Illinois Vehicle Code. Provides that a person who drives a vehicle upon any highway of this State at a speed that is 40 (rather than 26) miles per hour or more in excess of the applicable maximum speed limit commits a Class B misdemeanor. Removes the penalty of a Class A misdemeanor for driving 35 miles per hour or more in excess of the applicable maximum speed limit. Amends the Unified Code of Corrections. Allows court supervision for a violation of driving at a speed that is 40 miles per hour or more in excess of the applicable maximum speed limit.


LRB099 10217 RJF 30442 b

 

 

A BILL FOR

 

HB3978LRB099 10217 RJF 30442 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 11-601.5 as follows:
 
6    (625 ILCS 5/11-601.5)
7    Sec. 11-601.5. Driving 40 26 miles per hour or more in
8excess of applicable limit.
9    (a) A person who drives a vehicle upon any highway of this
10State at a speed that is 40 26 miles per hour or more but less
11than 35 miles per hour in excess of the applicable maximum
12speed limit established under this Chapter or a local ordinance
13commits a Class B misdemeanor.
14    (b) (Blank). A person who drives a vehicle upon any highway
15of this State at a speed that is 35 miles per hour or more in
16excess of the applicable maximum speed limit established under
17this Chapter or a local ordinance commits a Class A
18misdemeanor.
19(Source: P.A. 98-511, eff. 1-1-14.)
 
20    Section 10. The Unified Code of Corrections is amended by
21changing Section 5-6-1 as follows:
 

 

 

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1    (730 ILCS 5/5-6-1)  (from Ch. 38, par. 1005-6-1)
2    Sec. 5-6-1. Sentences of Probation and of Conditional
3Discharge and Disposition of Supervision. The General Assembly
4finds that in order to protect the public, the criminal justice
5system must compel compliance with the conditions of probation
6by responding to violations with swift, certain and fair
7punishments and intermediate sanctions. The Chief Judge of each
8circuit shall adopt a system of structured, intermediate
9sanctions for violations of the terms and conditions of a
10sentence of probation, conditional discharge or disposition of
11supervision.
12    (a) Except where specifically prohibited by other
13provisions of this Code, the court shall impose a sentence of
14probation or conditional discharge upon an offender unless,
15having regard to the nature and circumstance of the offense,
16and to the history, character and condition of the offender,
17the court is of the opinion that:
18        (1) his imprisonment or periodic imprisonment is
19    necessary for the protection of the public; or
20        (2) probation or conditional discharge would deprecate
21    the seriousness of the offender's conduct and would be
22    inconsistent with the ends of justice; or
23        (3) a combination of imprisonment with concurrent or
24    consecutive probation when an offender has been admitted
25    into a drug court program under Section 20 of the Drug
26    Court Treatment Act is necessary for the protection of the

 

 

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1    public and for the rehabilitation of the offender.
2    The court shall impose as a condition of a sentence of
3probation, conditional discharge, or supervision, that the
4probation agency may invoke any sanction from the list of
5intermediate sanctions adopted by the chief judge of the
6circuit court for violations of the terms and conditions of the
7sentence of probation, conditional discharge, or supervision,
8subject to the provisions of Section 5-6-4 of this Act.
9    (b) The court may impose a sentence of conditional
10discharge for an offense if the court is of the opinion that
11neither a sentence of imprisonment nor of periodic imprisonment
12nor of probation supervision is appropriate.
13    (b-1) Subsections (a) and (b) of this Section do not apply
14to a defendant charged with a misdemeanor or felony under the
15Illinois Vehicle Code or reckless homicide under Section 9-3 of
16the Criminal Code of 1961 or the Criminal Code of 2012 if the
17defendant within the past 12 months has been convicted of or
18pleaded guilty to a misdemeanor or felony under the Illinois
19Vehicle Code or reckless homicide under Section 9-3 of the
20Criminal Code of 1961 or the Criminal Code of 2012.
21    (c) The court may, upon a plea of guilty or a stipulation
22by the defendant of the facts supporting the charge or a
23finding of guilt, defer further proceedings and the imposition
24of a sentence, and enter an order for supervision of the
25defendant, if the defendant is not charged with: (i) a Class A
26misdemeanor, as defined by the following provisions of the

 

 

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1Criminal Code of 1961 or the Criminal Code of 2012: Sections
211-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6;
331-7; paragraphs (2) and (3) of subsection (a) of Section 21-1;
4paragraph (1) through (5), (8), (10), and (11) of subsection
5(a) of Section 24-1; (ii) a Class A misdemeanor violation of
6Section 3.01, 3.03-1, or 4.01 of the Humane Care for Animals
7Act; or (iii) a felony. If the defendant is not barred from
8receiving an order for supervision as provided in this
9subsection, the court may enter an order for supervision after
10considering the circumstances of the offense, and the history,
11character and condition of the offender, if the court is of the
12opinion that:
13        (1) the offender is not likely to commit further
14    crimes;
15        (2) the defendant and the public would be best served
16    if the defendant were not to receive a criminal record; and
17        (3) in the best interests of justice an order of
18    supervision is more appropriate than a sentence otherwise
19    permitted under this Code.
20    (c-5) Subsections (a), (b), and (c) of this Section do not
21apply to a defendant charged with a second or subsequent
22violation of Section 6-303 of the Illinois Vehicle Code
23committed while his or her driver's license, permit or
24privileges were revoked because of a violation of Section 9-3
25of the Criminal Code of 1961 or the Criminal Code of 2012,
26relating to the offense of reckless homicide, or a similar

 

 

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1provision of a law of another state.
2    (d) The provisions of paragraph (c) shall not apply to a
3defendant charged with violating Section 11-501 of the Illinois
4Vehicle Code or a similar provision of a local ordinance when
5the defendant has previously been:
6        (1) convicted for a violation of Section 11-501 of the
7    Illinois Vehicle Code or a similar provision of a local
8    ordinance or any similar law or ordinance of another state;
9    or
10        (2) assigned supervision for a violation of Section
11    11-501 of the Illinois Vehicle Code or a similar provision
12    of a local ordinance or any similar law or ordinance of
13    another state; or
14        (3) pleaded guilty to or stipulated to the facts
15    supporting a charge or a finding of guilty to a violation
16    of Section 11-503 of the Illinois Vehicle Code or a similar
17    provision of a local ordinance or any similar law or
18    ordinance of another state, and the plea or stipulation was
19    the result of a plea agreement.
20    The court shall consider the statement of the prosecuting
21authority with regard to the standards set forth in this
22Section.
23    (e) The provisions of paragraph (c) shall not apply to a
24defendant charged with violating Section 16-25 or 16A-3 of the
25Criminal Code of 1961 or the Criminal Code of 2012 if said
26defendant has within the last 5 years been:

 

 

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1        (1) convicted for a violation of Section 16-25 or 16A-3
2    of the Criminal Code of 1961 or the Criminal Code of 2012;
3    or
4        (2) assigned supervision for a violation of Section
5    16-25 or 16A-3 of the Criminal Code of 1961 or the Criminal
6    Code of 2012.
7    The court shall consider the statement of the prosecuting
8authority with regard to the standards set forth in this
9Section.
10    (f) The provisions of paragraph (c) shall not apply to a
11defendant charged with violating Sections 15-111, 15-112,
1215-301, paragraph (b) of Section 6-104, Section 11-605, Section
1311-1002.5, or Section 11-1414 of the Illinois Vehicle Code or a
14similar provision of a local ordinance.
15    (g) Except as otherwise provided in paragraph (i) of this
16Section, the provisions of paragraph (c) shall not apply to a
17defendant charged with violating Section 3-707, 3-708, 3-710,
18or 5-401.3 of the Illinois Vehicle Code or a similar provision
19of a local ordinance if the defendant has within the last 5
20years been:
21        (1) convicted for a violation of Section 3-707, 3-708,
22    3-710, or 5-401.3 of the Illinois Vehicle Code or a similar
23    provision of a local ordinance; or
24        (2) assigned supervision for a violation of Section
25    3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
26    Code or a similar provision of a local ordinance.

 

 

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

 

 

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1or any violation of Section 6-107 or Section 12-603.1 of the
2Illinois Vehicle Code, unless the defendant, upon payment of
3the fines, penalties, and costs provided by law, agrees to
4attend and successfully complete a traffic safety program
5approved by the court under standards set by the Conference of
6Chief Circuit Judges. The accused shall be responsible for
7payment of any traffic safety program fees. If the accused
8fails to file a certificate of successful completion on or
9before the termination date of the supervision order, the
10supervision shall be summarily revoked and conviction entered.
11The provisions of Supreme Court Rule 402 relating to pleas of
12guilty do not apply in cases when a defendant enters a guilty
13plea under this provision.
14    (i) The provisions of paragraph (c) shall not apply to a
15defendant charged with violating Section 3-707 of the Illinois
16Vehicle Code or a similar provision of a local ordinance if the
17defendant has been assigned supervision for a violation of
18Section 3-707 of the Illinois Vehicle Code or a similar
19provision of a local ordinance.
20    (j) The provisions of paragraph (c) shall not apply to a
21defendant charged with violating Section 6-303 of the Illinois
22Vehicle Code or a similar provision of a local ordinance when
23the revocation or suspension was for a violation of Section
2411-501 or a similar provision of a local ordinance or a
25violation of Section 11-501.1 or paragraph (b) of Section
2611-401 of the Illinois Vehicle Code if the defendant has within

 

 

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1the last 10 years been:
2        (1) convicted for a violation of Section 6-303 of the
3    Illinois Vehicle Code or a similar provision of a local
4    ordinance; or
5        (2) assigned supervision for a violation of Section
6    6-303 of the Illinois Vehicle Code or a similar provision
7    of a local ordinance.
8    (k) The provisions of paragraph (c) shall not apply to a
9defendant charged with violating any provision of the Illinois
10Vehicle Code or a similar provision of a local ordinance that
11governs the movement of vehicles if, within the 12 months
12preceding the date of the defendant's arrest, the defendant has
13been assigned court supervision on 2 occasions for a violation
14that governs the movement of vehicles under the Illinois
15Vehicle Code or a similar provision of a local ordinance. The
16provisions of this paragraph (k) do not apply to a defendant
17charged with violating Section 11-501 of the Illinois Vehicle
18Code or a similar provision of a local ordinance.
19    (l) A defendant charged with violating any provision of the
20Illinois Vehicle Code or a similar provision of a local
21ordinance who receives a disposition of supervision under
22subsection (c) shall pay an additional fee of $29, to be
23collected as provided in Sections 27.5 and 27.6 of the Clerks
24of Courts Act. In addition to the $29 fee, the person shall
25also pay a fee of $6, which, if not waived by the court, shall
26be collected as provided in Sections 27.5 and 27.6 of the

 

 

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1Clerks of Courts Act. The $29 fee shall be disbursed as
2provided in Section 16-104c of the Illinois Vehicle Code. If
3the $6 fee is collected, $5.50 of the fee shall be deposited
4into the Circuit Court Clerk Operation and Administrative Fund
5created by the Clerk of the Circuit Court and 50 cents of the
6fee shall be deposited into the Prisoner Review Board Vehicle
7and Equipment Fund in the State treasury.
8    (m) Any person convicted of, pleading guilty to, or placed
9on supervision for a serious traffic violation, as defined in
10Section 1-187.001 of the Illinois Vehicle Code, a violation of
11Section 11-501 of the Illinois Vehicle Code, or a violation of
12a similar provision of a local ordinance shall pay an
13additional fee of $35, to be disbursed as provided in Section
1416-104d of that Code.
15    This subsection (m) becomes inoperative on January 1, 2020.
16    (n) The provisions of paragraph (c) shall not apply to any
17person under the age of 18 who commits an offense against
18traffic regulations governing the movement of vehicles or any
19violation of Section 6-107 or Section 12-603.1 of the Illinois
20Vehicle Code, except upon personal appearance of the defendant
21in court and upon the written consent of the defendant's parent
22or legal guardian, executed before the presiding judge. The
23presiding judge shall have the authority to waive this
24requirement upon the showing of good cause by the defendant.
25    (o) The provisions of paragraph (c) shall not apply to a
26defendant charged with violating Section 6-303 of the Illinois

 

 

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1Vehicle Code or a similar provision of a local ordinance when
2the suspension was for a violation of Section 11-501.1 of the
3Illinois Vehicle Code and when:
4        (1) at the time of the violation of Section 11-501.1 of
5    the Illinois Vehicle Code, the defendant was a first
6    offender pursuant to Section 11-500 of the Illinois Vehicle
7    Code and the defendant failed to obtain a monitoring device
8    driving permit; or
9        (2) at the time of the violation of Section 11-501.1 of
10    the Illinois Vehicle Code, the defendant was a first
11    offender pursuant to Section 11-500 of the Illinois Vehicle
12    Code, had subsequently obtained a monitoring device
13    driving permit, but was driving a vehicle not equipped with
14    a breath alcohol ignition interlock device as defined in
15    Section 1-129.1 of the Illinois Vehicle Code.
16    (p) (Blank). The provisions of paragraph (c) shall not
17apply to a defendant charged with violating Section 11-601.5 of
18the Illinois Vehicle Code or a similar provision of a local
19ordinance.
20    (q) The provisions of paragraph (c) shall not apply to a
21defendant charged with violating subsection (b) of Section
2211-601 of the Illinois Vehicle Code when the defendant was
23operating a vehicle, in an urban district, at a speed in excess
24of 25 miles per hour over the posted speed limit.
25    (r) The provisions of paragraph (c) shall not apply to a
26defendant charged with violating any provision of the Illinois

 

 

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1Vehicle Code or a similar provision of a local ordinance if the
2violation was the proximate cause of the death of another and
3the defendant's driving abstract contains a prior conviction or
4disposition of court supervision for any violation of the
5Illinois Vehicle Code, other than an equipment violation, or a
6suspension, revocation, or cancellation of the driver's
7license.
8    (s) The provisions of paragraph (c) shall not apply to a
9defendant charged with violating subsection (i) of Section 70
10of the Firearm Concealed Carry Act.
11(Source: P.A. 97-333, eff. 8-12-11; 97-597, eff. 1-1-12;
1297-831, eff. 7-1-13; 97-1108, eff. 1-1-13; 97-1150, eff.
131-25-13; 98-169, eff. 1-1-14; 98-658, eff. 6-23-14; 98-899,
14eff. 8-15-14; revised 10-1-14.)