093_SB0387enr

 
SB387 Enrolled                       LRB093 02047 RLC 02048 b

 1        AN ACT in relation to criminal law.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Unified Code of Corrections  is  amended
 5    by changing Section 5-6-1 as follows:

 6        (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
 7        Sec.  5-6-1.  Sentences  of  Probation and of Conditional
 8    Discharge  and  Disposition  of  Supervision.   The   General
 9    Assembly  finds  that  in  order  to  protect the public, the
10    criminal justice  system  must  compel  compliance  with  the
11    conditions  of  probation  by  responding  to violations with
12    swift,  certain  and  fair   punishments   and   intermediate
13    sanctions.  The  Chief  Judge  of  each circuit shall adopt a
14    system of structured, intermediate sanctions  for  violations
15    of  the  terms  and  conditions  of  a sentence of probation,
16    conditional discharge or disposition of supervision.
17        (a)  Except  where  specifically  prohibited   by   other
18    provisions of this Code, the court shall impose a sentence of
19    probation  or  conditional discharge upon an offender unless,
20    having regard to the nature and circumstance of the  offense,
21    and  to the history, character and condition of the offender,
22    the court is of the opinion that:
23             (1)  his imprisonment or  periodic  imprisonment  is
24        necessary for the protection of the public; or
25             (2)  probation   or   conditional   discharge  would
26        deprecate the seriousness of the offender's  conduct  and
27        would be inconsistent with the ends of justice.
28        The  court  shall  impose as a condition of a sentence of
29    probation, conditional discharge, or  supervision,  that  the
30    probation  agency  may  invoke  any sanction from the list of
31    intermediate sanctions adopted by  the  chief  judge  of  the
 
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 1    circuit  court  for violations of the terms and conditions of
 2    the  sentence  of  probation,   conditional   discharge,   or
 3    supervision,  subject  to  the provisions of Section 5-6-4 of
 4    this Act.
 5        (b)  The court  may  impose  a  sentence  of  conditional
 6    discharge  for an offense if the court is of the opinion that
 7    neither  a  sentence  of   imprisonment   nor   of   periodic
 8    imprisonment nor of probation supervision is appropriate.
 9        (c)  The   court   may,  upon  a  plea  of  guilty  or  a
10    stipulation by the defendant  of  the  facts  supporting  the
11    charge  or  a finding of guilt, defer further proceedings and
12    the  imposition  of  a  sentence,  and  enter  an  order  for
13    supervision of the defendant, if the defendant is not charged
14    with: (i) a Class A misdemeanor, as defined by the  following
15    provisions  of  the  Criminal  Code of 1961: Sections 12-3.2;
16    12-15; 26-5; 31-1; 31-6; 31-7; subsections  (b)  and  (c)  of
17    Section  21-1; paragraph (1) through (5), (8), (10), and (11)
18    of subsection (a) of Section  24-1;  and  Section  1  of  the
19    Boarding Aircraft With Weapon Act; (ii) a Class A misdemeanor
20    violation of Section 3.01, 3.03-1, or 4.01 of the Humane Care
21    for  Animals  Act; or (iii) a felony. If the defendant is not
22    barred from receiving an order for supervision as provided in
23    this subsection, the court may enter an order for supervision
24    after considering the circumstances of the offense,  and  the
25    history,  character  and  condition  of  the offender, if the
26    court is of the opinion that:
27             (1)  the offender is not likely  to  commit  further
28        crimes;
29             (2)  the  defendant  and  the  public  would be best
30        served if the defendant were not to  receive  a  criminal
31        record; and
32             (3)  in  the  best  interests of justice an order of
33        supervision is more appropriate than a sentence otherwise
34        permitted under this Code.
 
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 1        (d)  The provisions of paragraph (c) shall not apply to a
 2    defendant  charged  with  violating  Section  11-501  of  the
 3    Illinois Vehicle Code or  a  similar  provision  of  a  local
 4    ordinance when the defendant has previously been:
 5             (1)  convicted  for a violation of Section 11-501 of
 6        the Illinois Vehicle Code or a  similar  provision  of  a
 7        local  ordinance  or  any  similar  law  or  ordinance of
 8        another state; or
 9             (2)  assigned supervision for a violation of Section
10        11-501  of  the  Illinois  Vehicle  Code  or  a   similar
11        provision  of  a  local  ordinance  or any similar law or
12        ordinance of another state; or
13             (3)  pleaded guilty to or stipulated  to  the  facts
14        supporting a charge or a finding of guilty to a violation
15        of  Section  11-503  of  the  Illinois  Vehicle Code or a
16        similar provision of a local ordinance or any similar law
17        or  ordinance  of  another  state,  and   the   plea   or
18        stipulation was the result of a plea agreement.
19        The court shall consider the statement of the prosecuting
20    authority  with  regard  to  the  standards set forth in this
21    Section.
22        (e)  The provisions of paragraph (c) shall not apply to a
23    defendant  charged  with  violating  Section  16A-3  of   the
24    Criminal Code of 1961 if said defendant has within the last 5
25    years been:
26             (1)  convicted  for  a violation of Section 16A-3 of
27        the Criminal Code of 1961; or
28             (2)  assigned supervision for a violation of Section
29        16A-3 of the Criminal Code of 1961.
30        The court shall consider the statement of the prosecuting
31    authority with regard to the  standards  set  forth  in  this
32    Section.
33        (f)  The provisions of paragraph (c) shall not apply to a
34    defendant  charged  with  violating  Sections 15-111, 15-112,
 
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 1    15-301, paragraph (b) of Section 6-104,  Section  11-605,  or
 2    Section  11-1414  of  the  Illinois Vehicle Code or a similar
 3    provision of a local ordinance.
 4        (g)  Except as otherwise provided  in  paragraph  (i)  of
 5    this Section, the provisions of paragraph (c) shall not apply
 6    to  a  defendant charged with violating Section 3-707, 3-708,
 7    3-710, or 5-401.3 of the Illinois Vehicle Code or  a  similar
 8    provision  of  a  local ordinance if the defendant has within
 9    the last 5 years been:
10             (1)  convicted for a  violation  of  Section  3-707,
11        3-708,  3-710, or 5-401.3 of the Illinois Vehicle Code or
12        a similar provision of a local ordinance; or
13             (2)  assigned supervision for a violation of Section
14        3-707, 3-708, 3-710, or 5-401.3 of the  Illinois  Vehicle
15        Code or a similar provision of a local ordinance.
16        The court shall consider the statement of the prosecuting
17    authority  with  regard  to  the  standards set forth in this
18    Section.
19        (h)  The provisions of paragraph (c) shall not apply to a
20    defendant under the age of 21 years charged with violating  a
21    serious  traffic  offense  as defined in Section 1-187.001 of
22    the Illinois Vehicle Code:
23             (1)  unless  the  defendant,  upon  payment  of  the
24        fines, penalties, and costs provided by  law,  agrees  to
25        attend and successfully complete a traffic safety program
26        approved   by  the  court  under  standards  set  by  the
27        Conference of Chief Circuit Judges.  The accused shall be
28        responsible for payment of  any  traffic  safety  program
29        fees.   If  the  accused  fails  to file a certificate of
30        successful completion on or before the  termination  date
31        of  the  supervision  order,  the  supervision  shall  be
32        summarily revoked and conviction entered.  The provisions
33        of  Supreme Court Rule 402 relating to pleas of guilty do
34        not apply in cases when a defendant enters a guilty  plea
 
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 1        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        (i)  The provisions of paragraph (c) shall not apply to a
 7    defendant   charged  with  violating  Section  3-707  of  the
 8    Illinois Vehicle Code or  a  similar  provision  of  a  local
 9    ordinance  if the defendant has been assigned supervision for
10    a violation of Section 3-707 of the Illinois Vehicle Code  or
11    a similar provision of a local ordinance.
12        (j)  The provisions of paragraph (c) shall not apply to a
13    defendant   charged  with  violating  Section  6-303  of  the
14    Illinois Vehicle Code or  a  similar  provision  of  a  local
15    ordinance  when  the  revocation  or  suspension  was  for  a
16    violation of Section 11-501 or a similar provision of a local
17    ordinance,  a  violation of Section 11-501.1 or paragraph (b)
18    of  Section  11-401  of  the  Illinois  Vehicle  Code,  or  a
19    violation of Section 9-3 of the Criminal Code of 1961 if  the
20    defendant has within the last 10 years been:
21             (1)  convicted  for  a violation of Section 6-303 of
22        the Illinois Vehicle Code or a  similar  provision  of  a
23        local ordinance; or
24             (2)  assigned supervision for a violation of Section
25        6-303 of the Illinois Vehicle Code or a similar provision
26        of a local ordinance.
27    (Source: P.A.  90-369,  eff.  1-1-98;  90-738,  eff.  1-1-99;
28    90-784,  eff.  1-1-99;  91-114,  eff.  1-1-00;  91-357,  eff.
29    7-29-99.)

30        Section  99.  Effective date.  This Act takes effect upon
31    becoming law.