Full Text of HB7015 93rd General Assembly
HB7015 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB7015
Introduced 02/09/04, by Patrick Verschoore SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/11-908 |
from Ch. 95 1/2, par. 11-908 |
730 ILCS 5/5-6-1 |
from Ch. 38, par. 1005-6-1 |
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Amends the Illinois Vehicle Code and the Unified Code of Corrections. Provides that a person may not be placed on court supervision for committing, while in a construction or maintenance zone, any offense against a traffic regulation governing the movement of vehicles.
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A BILL FOR
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HB7015 |
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LRB093 18262 DRH 43963 b |
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| AN ACT concerning driving offenses.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Section 11-908 as follows:
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| (625 ILCS 5/11-908) (from Ch. 95 1/2, par. 11-908)
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| Sec. 11-908. Vehicle approaching or entering a highway | 8 |
| construction or
maintenance
area or zone.
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| (a) The driver of a vehicle shall yield the right of way to | 10 |
| any
authorized vehicle or pedestrian actually engaged in work | 11 |
| upon a highway
within any highway construction or maintenance | 12 |
| area indicated by
official traffic-control devices.
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| (a-1) Upon entering a construction or maintenance zone
when | 14 |
| workers are present, a
person who drives a vehicle shall:
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| (1) proceeding with due caution, make a
lane change | 16 |
| into a lane not adjacent to that of the workers present,
if | 17 |
| possible with due regard to safety and traffic
conditions, | 18 |
| if on a highway having at least 4 lanes with not less
than | 19 |
| 2 lanes proceeding in the same direction as the approaching
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| vehicle; or
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| (2) proceeding with due caution, reduce the speed of | 22 |
| the vehicle,
maintaining a safe speed for road conditions, | 23 |
| if changing lanes
would be impossible or unsafe.
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| (a-2) A person who violates subsection (a-1) of this
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| Section commits a business
offense punishable by a fine of not | 26 |
| more than $10,000. A person charged with
the offense must | 27 |
| appear in court to answer the charges. It is a factor in
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| aggravation if the person committed the offense while in | 29 |
| violation of Section
11-501 of this Code.
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| (a-3) If a violation of subsection (a-1) of this Section
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| results in damage to the property of another person, in | 32 |
| addition to any other
penalty imposed,
the person's driving |
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HB7015 |
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LRB093 18262 DRH 43963 b |
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| privileges shall be suspended for a fixed
period of not less | 2 |
| than 90 days and not more than one year.
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| (a-4) If a violation of subsection (a-1) of this Section
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| results in injury to another person, in addition to any other | 5 |
| penalty imposed,
the person's driving privileges shall be | 6 |
| suspended for a fixed period of not
less
than 180
days and not | 7 |
| more than 2 years.
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| (a-5) If a violation of subsection (a-1) of this Section
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| results in the death of
another person, in addition to any | 10 |
| other penalty imposed,
the person's driving privileges shall be | 11 |
| suspended for 2 years.
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| (a-6) The Secretary of State shall, upon receiving a record | 13 |
| of a judgment
entered against a person under subsection (a-1) | 14 |
| of this
Section:
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| (1) suspend the person's driving privileges for the | 16 |
| mandatory period; or
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| (2) extend the period of an existing suspension by the | 18 |
| appropriate
mandatory period.
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| (b) The driver of a vehicle shall yield the right of way to | 20 |
| any
authorized vehicle obviously and actually engaged in work | 21 |
| upon a highway
whenever the vehicle engaged in construction or | 22 |
| maintenance work
displays flashing lights as provided in | 23 |
| Section 12-215 of this Act.
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| (c) The driver of a vehicle shall stop if signaled to do so | 25 |
| by a
flagger or a traffic control signal and remain in such | 26 |
| position until
signaled to proceed. If a driver of a vehicle | 27 |
| fails to stop when signaled
to do so by a flagger, the flagger | 28 |
| is authorized to report such offense to
the State's Attorney or | 29 |
| authorized prosecutor.
The penalties imposed for a violation of | 30 |
| this subsection (c) shall be in
addition to any penalties | 31 |
| imposed for a violation of subsection (a-1). | 32 |
| (d) A person violates this Section if he or she, while in a | 33 |
| construction or maintenance zone, commits any offense against a | 34 |
| traffic regulation governing the movement of vehicles.
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| (Source: P.A. 92-872, eff. 6-1-03.)
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HB7015 |
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LRB093 18262 DRH 43963 b |
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| Section 10. The Unified Code of Corrections is amended by | 2 |
| changing Section 5-6-1 as follows:
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| (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
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| Sec. 5-6-1. Sentences of Probation and of Conditional
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| Discharge and Disposition of Supervision.
The General Assembly | 6 |
| finds that in order to protect the public, the
criminal justice | 7 |
| system must compel compliance with the conditions of probation
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| by responding to violations with swift, certain and fair | 9 |
| punishments and
intermediate sanctions. The Chief Judge of each | 10 |
| circuit shall adopt a system of
structured, intermediate | 11 |
| sanctions for violations of the terms and conditions
of a | 12 |
| sentence of probation, conditional discharge or disposition of
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| supervision.
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| (a) Except where specifically prohibited by other
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| provisions of this Code, the court shall impose a sentence
of | 16 |
| probation or conditional discharge upon an offender
unless, | 17 |
| having regard to the nature and circumstance of
the offense, | 18 |
| and to the history, character and condition
of the offender, | 19 |
| the court is of the opinion that:
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| (1) his imprisonment or periodic imprisonment is | 21 |
| necessary
for the protection of the public; or
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| (2) probation or conditional discharge would deprecate
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| the seriousness of the offender's conduct and would be
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| inconsistent with the ends of justice.
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| The court shall impose as a condition of a sentence of | 26 |
| probation,
conditional discharge, or supervision, that the | 27 |
| probation agency may invoke any
sanction from the list of | 28 |
| intermediate sanctions adopted by the chief judge of
the | 29 |
| circuit court for violations of the terms and conditions of the | 30 |
| sentence of
probation, conditional discharge, or supervision, | 31 |
| subject to the provisions of
Section 5-6-4 of this Act.
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| (b) The court may impose a sentence of conditional
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| discharge for an offense if the court is of the opinion
that | 34 |
| neither a sentence of imprisonment nor of periodic
imprisonment | 35 |
| nor of probation supervision is appropriate.
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| (c) The court may, upon a plea of guilty or a stipulation
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| by the defendant of the facts supporting the charge or a
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| finding of guilt, defer further proceedings and the
imposition | 4 |
| of a sentence, and enter an order for supervision of the | 5 |
| defendant,
if the defendant is not charged with: (i) a Class A | 6 |
| misdemeanor, as
defined by the following provisions of the | 7 |
| Criminal Code of 1961: Sections
12-3.2; 12-15; 26-5; 31-1; | 8 |
| 31-6; 31-7; subsections (b) and (c) of Section
21-1;
paragraph | 9 |
| (1) through (5), (8), (10), and (11) of subsection (a) of | 10 |
| Section
24-1; (ii) a Class A misdemeanor violation of Section
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| 3.01,
3.03-1, or 4.01 of the Humane Care
for Animals Act; or | 12 |
| (iii)
felony.
If the defendant
is not barred from receiving an | 13 |
| order for supervision as provided in this
subsection, the court | 14 |
| may enter an order for supervision after considering the
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| circumstances of the offense, and the history,
character and | 16 |
| condition of the offender, if the court is of the opinion
that:
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| (1) the offender is not likely to commit further | 18 |
| crimes;
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| (2) the defendant and the public would be best served | 20 |
| if the
defendant were not to receive a criminal record; and
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| (3) in the best interests of justice an order of | 22 |
| supervision
is more appropriate than a sentence otherwise | 23 |
| permitted under this Code.
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| (d) The provisions of paragraph (c) shall not apply to a | 25 |
| defendant charged
with violating Section 11-501 of the Illinois | 26 |
| Vehicle Code or a similar
provision of a local
ordinance when | 27 |
| the defendant has previously been:
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| (1) convicted for a violation of Section 11-501 of
the | 29 |
| Illinois Vehicle
Code or a similar provision of a
local | 30 |
| ordinance or any similar law or ordinance of another state; | 31 |
| or
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| (2) assigned supervision for a violation of Section | 33 |
| 11-501 of the Illinois
Vehicle Code or a similar provision | 34 |
| of a local ordinance or any similar law
or ordinance of | 35 |
| another state; or
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| (3) pleaded guilty to or stipulated to the facts |
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LRB093 18262 DRH 43963 b |
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| supporting
a charge or a finding of guilty to a violation | 2 |
| of Section 11-503 of the
Illinois Vehicle Code or a similar | 3 |
| provision of a local ordinance or any
similar law or | 4 |
| ordinance of another state, and the
plea or stipulation was | 5 |
| the result of a plea agreement.
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| The court shall consider the statement of the prosecuting
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| authority with regard to the standards set forth in this | 8 |
| Section.
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| (e) The provisions of paragraph (c) shall not apply to a | 10 |
| defendant
charged with violating Section 16A-3 of the Criminal | 11 |
| Code of 1961 if said
defendant has within the last 5 years | 12 |
| been:
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| (1) convicted for a violation of Section 16A-3 of the | 14 |
| Criminal Code of
1961; or
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| (2) assigned supervision for a violation of Section | 16 |
| 16A-3 of the Criminal
Code of 1961.
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| The court shall consider the statement of the prosecuting | 18 |
| authority with
regard to the standards set forth in this | 19 |
| Section.
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| (f) The provisions of paragraph (c) shall not apply to a | 21 |
| defendant
charged with violating Sections 15-111, 15-112, | 22 |
| 15-301, paragraph (b)
of Section 6-104, Section 11-605, Section | 23 |
| 11-908, or Section 11-1414
of the Illinois Vehicle Code or a | 24 |
| similar provision of a local ordinance.
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| (g) Except as otherwise provided in paragraph (i) of this | 26 |
| Section, the
provisions of paragraph (c) shall not apply to a
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| defendant charged with violating Section
3-707, 3-708, 3-710, | 28 |
| or 5-401.3
of the Illinois Vehicle Code or a similar provision | 29 |
| of a local ordinance if the
defendant has within the last 5 | 30 |
| years been:
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| (1) convicted for a violation of Section 3-707, 3-708, | 32 |
| 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | 33 |
| provision of a local
ordinance; or
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| (2) assigned supervision for a violation of Section | 35 |
| 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle | 36 |
| Code or a similar provision of a local
ordinance.
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HB7015 |
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LRB093 18262 DRH 43963 b |
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| The court shall consider the statement of the prosecuting | 2 |
| authority with
regard to the standards set forth in this | 3 |
| Section.
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| (h) The provisions of paragraph (c) shall not apply to a | 5 |
| defendant under
the age of 21 years charged with violating a | 6 |
| serious traffic offense as defined
in Section 1-187.001 of the | 7 |
| Illinois Vehicle Code:
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| (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
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| 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
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| (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.
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| (i) The provisions of paragraph (c) shall not apply to a | 25 |
| defendant charged
with violating Section 3-707 of the Illinois | 26 |
| Vehicle Code or a similar
provision of a local ordinance if the | 27 |
| defendant has been assigned supervision
for a violation of | 28 |
| Section 3-707 of the Illinois Vehicle Code or a similar
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| provision of a local ordinance.
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| (j) The provisions of paragraph (c) shall not apply to a
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| defendant charged with violating
Section 6-303 of the Illinois | 32 |
| Vehicle Code or a similar provision of
a local ordinance when | 33 |
| the revocation or suspension was for a violation of
Section | 34 |
| 11-501 or a similar provision of a local ordinance, a violation | 35 |
| of
Section 11-501.1 or paragraph (b) of Section 11-401 of the | 36 |
| Illinois Vehicle
Code, or a violation of Section 9-3 of the |
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HB7015 |
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LRB093 18262 DRH 43963 b |
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| Criminal Code of 1961 if the
defendant has within the last 10 | 2 |
| years been:
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| (1) convicted for a violation of Section 6-303 of the | 4 |
| Illinois Vehicle
Code or a similar provision of a local | 5 |
| ordinance; or
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| (2) assigned supervision for a violation of Section | 7 |
| 6-303 of the Illinois
Vehicle Code or a similar provision | 8 |
| of a local ordinance.
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| (Source: P.A. 93-388, eff. 7-25-03.)
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