Bill Text: IL SB1635 | 2015-2016 | 99th General Assembly | Introduced

---

Bill Title: Amends the Counties Code. Provides in a county with a service-intensive probation program, such as pre-trial, DUI court, veteran's court, drug court, mental health court, or domestic violence court, the county may adopt a $25 fee to be paid by a defendant convicted of an offense. Amends the Unified Code of Corrections. Notwithstanding any other law to the contrary, when the offender is to be sentenced for a non-violent non-probationable offense, the court may sentence the offender to a term of imprisonment in the Department of Corrections or county jail in combination with a consecutive term of service-intensive probation if the court makes certain findings. If the court elects to sentence an offender to a combination sentence, the court must order the defendant to complete any indicated treatment for substance abuse or mental illness in an outpatient, inpatient, residential, or jail-based custodial treatment program, and include a regimen of graduated requirements and rewards and sanctions, including but not limited to: fines, fees, costs, restitution, additional incarceration, individual and group therapy, drug testing, close monitoring by the court and supervision of progress, educational or vocational counseling as appropriate, and other requirements necessary to fulfill the sentence. Provides that the court may structure its sentence without regard to mandatory minimum imprisonment requirements if the combination of imprisonment and the term of probation equals or exceeds the minimum sentence for the offense.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-10-10 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB1635 Detail]

Download: Illinois-2015-SB1635-Introduced.html

---

99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB1635 Introduced 2/20/2015, by Sen. Dale A. Righter SYNOPSIS AS INTRODUCED:
See Index
Amends the Counties Code. Provides in a county with a service-intensive probation program, such as pre-trial, DUI court, veteran's court, drug court, mental health court, or domestic violence court, the county may adopt a $25 fee to be paid by a defendant convicted of an offense. Amends the Unified Code of Corrections. Notwithstanding any other law to the contrary, when the offender is to be sentenced for a non-violent non-probationable offense, the court may sentence the offender to a term of imprisonment in the Department of Corrections or county jail in combination with a consecutive term of service-intensive probation if the court makes certain findings. If the court elects to sentence an offender to a combination sentence, the court must order the defendant to complete any indicated treatment for substance abuse or mental illness in an outpatient, inpatient, residential, or jail-based custodial treatment program, and include a regimen of graduated requirements and rewards and sanctions, including but not limited to: fines, fees, costs, restitution, additional incarceration, individual and group therapy, drug testing, close monitoring by the court and supervision of progress, educational or vocational counseling as appropriate, and other requirements necessary to fulfill the sentence. Provides that the court may structure its sentence without regard to mandatory minimum imprisonment requirements if the combination of imprisonment and the term of probation equals or exceeds the minimum sentence for the offense.
LRB099 03468 MRW 23476 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY FISCAL NOTE ACT MAY APPLY
A BILL FOR
SB1635 LRB099 03468 MRW 23476 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by changing Section
5-1101 as follows:
(55 ILCS 5/5-1101) (from Ch. 34, par. 5-1101)
Sec. 5-1101. Additional fees to finance court system. A
county board may enact by ordinance or resolution the following
fees:
(a) A $5 fee to be paid by the defendant on a judgment of
guilty or a grant of supervision for violation of the Illinois
Vehicle Code other than Section 11-501 or violations of similar
provisions contained in county or municipal ordinances
committed in the county, and up to a $30 fee to be paid by the
defendant on a judgment of guilty or a grant of supervision for
violation of Section 11-501 of the Illinois Vehicle Code or a
violation of a similar provision contained in county or
municipal ordinances committed in the county.
(b) In the case of a county having a population of
1,000,000 or less, a $5 fee to be collected in all civil cases
by the clerk of the circuit court.
(c) A fee to be paid by the defendant on a judgment of
guilty or a grant of supervision, as follows:

SB1635 - 2 - LRB099 03468 MRW 23476 b
(1) for a felony, $50;
(2) for a class A misdemeanor, $25;
(3) for a class B or class C misdemeanor, $15;
(4) for a petty offense, $10;
(5) for a business offense, $10.
(d) A $100 fee for the second and subsequent violations of
Section 11-501 of the Illinois Vehicle Code or violations of
similar provisions contained in county or municipal ordinances
committed in the county. The proceeds of this fee shall be
placed in the county general fund and used to finance education
programs related to driving under the influence of alcohol or
drugs.
(d-5) A $10 fee to be paid by the defendant on a judgment
of guilty or a grant of supervision under Section 5-9-1 of the
Unified Code of Corrections to be placed in the county general
fund and used to finance the county mental health court, the
county drug court, the Veterans and Servicemembers Court, or
any or all of the above.
(e) In each county in which a teen court, peer court, peer
jury, youth court, or other youth diversion program has been
created, a county may adopt a mandatory fee of up to $5 to be
assessed as provided in this subsection. Assessments collected
by the clerk of the circuit court pursuant to this subsection
must be deposited into an account specifically for the
operation and administration of a teen court, peer court, peer
jury, youth court, or other youth diversion program. The clerk

SB1635 - 3 - LRB099 03468 MRW 23476 b
of the circuit court shall collect the fees established in this
subsection and must remit the fees to the teen court, peer
court, peer jury, youth court, or other youth diversion program
monthly, less 5%, which is to be retained as fee income to the
office of the clerk of the circuit court. The fees are to be
paid as follows:
(1) a fee of up to $5 paid by the defendant on a
judgment of guilty or grant of supervision for violation of
the Illinois Vehicle Code or violations of similar
provisions contained in county or municipal ordinances
committed in the county;
(2) a fee of up to $5 paid by the defendant on a
judgment of guilty or grant of supervision under Section
5-9-1 of the Unified Code of Corrections for a felony; for
a Class A, Class B, or Class C misdemeanor; for a petty
offense; and for a business offense.
(f) In each county in which a drug court has been created,
the county may adopt a mandatory fee of up to $5 to be assessed
as provided in this subsection. Assessments collected by the
clerk of the circuit court pursuant to this subsection must be
deposited into an account specifically for the operation and
administration of the drug court. The clerk of the circuit
court shall collect the fees established in this subsection and
must remit the fees to the drug court, less 5%, which is to be
retained as fee income to the office of the clerk of the
circuit court. The fees are to be paid as follows:

SB1635 - 4 - LRB099 03468 MRW 23476 b
(1) a fee of up to $5 paid by the defendant on a
judgment of guilty or grant of supervision for a violation
of the Illinois Vehicle Code or a violation of a similar
provision contained in a county or municipal ordinance
committed in the county; or
(2) a fee of up to $5 paid by the defendant on a
judgment of guilty or a grant of supervision under Section
5-9-1 of the Unified Code of Corrections for a felony; for
a Class A, Class B, or Class C misdemeanor; for a petty
offense; and for a business offense.
The clerk of the circuit court shall deposit the 5%
retained under this subsection into the Circuit Court Clerk
Operation and Administrative Fund to be used to defray the
costs of collection and disbursement of the drug court fee.
(f-2) In each county in which a service-intensive probation
program has been created, such as pre-trial, DUI court,
veteran's court, drug court, mental health court, or domestic
violence court, the county may adopt a mandatory fee of $25 to
be paid by a defendant on a judgment of guilty or grant of
supervision under Section 5-9-1 of the Unified Code of
Corrections for a felony, misdemeanor, petty offense, or
business offense. The circuit clerk of the court shall remit
monthly fees collected under this subsection (f-2) to the
county treasurer in a special fund designated for the operation
and administration of service-intensive probation programs. No
expenditures shall be made from that fund except as approved by

SB1635 - 5 - LRB099 03468 MRW 23476 b
the county probation department.
(f-5) In each county in which a Children's Advocacy Center
provides services, the county board may adopt a mandatory fee
of between $5 and $30 to be paid by the defendant on a judgment
of guilty or a grant of supervision under Section 5-9-1 of the
Unified Code of Corrections for a felony; for a Class A, Class
B, or Class C misdemeanor; for a petty offense; and for a
business offense. Assessments shall be collected by the clerk
of the circuit court and must be deposited into an account
specifically for the operation and administration of the
Children's Advocacy Center. The clerk of the circuit court
shall collect the fees as provided in this subsection, and must
remit the fees to the Children's Advocacy Center.
(f-10) In each county in which the Court Appointed Special
Advocates provide services, the county board may, in addition
to any fine imposed under Section 5-9-1 of the Unified Code of
Corrections, adopt a mandatory fee of between $10 and $30 to be
paid by the defendant on a judgment of guilty or a grant of
supervision for a felony; for a Class A, Class B, or Class C
misdemeanor; for a petty offense; and for a business offense;
where a court appearance is required. Assessments shall be
collected by the clerk of the circuit court and must be
deposited into an account specifically for the operations of
the Court Appointed Special Advocates. The clerk of the circuit
court shall collect the fees as provided in this subsection and
must remit the fees to the Court Appointed Special Advocates

SB1635 - 6 - LRB099 03468 MRW 23476 b
Fund that the county board shall create for the receipt of
funds collected under this subsection, and from which the
county board shall make grants to support the activities and
services of the Court Appointed Special Advocates within that
county. The term "Court Appointed Special Advocates" is
copyrighted and is used with permission of the holder of the
copyright.
(g) The proceeds of all fees enacted under this Section
must, except as provided in subsections (d), (d-5), (e), (f),
and (f-10) be placed in the county general fund and used to
finance the court system in the county, unless the fee is
subject to disbursement by the circuit clerk as provided under
Section 27.5 of the Clerks of Courts Act.
(Source: P.A. 98-331, eff. 8-13-13.)
Section 10. The Unified Code of Corrections is amended by
changing Sections 5-4.5-15 and 5-6-1 as follows:
(730 ILCS 5/5-4.5-15)
Sec. 5-4.5-15. DISPOSITIONS.
(a) APPROPRIATE DISPOSITIONS. The following are
appropriate dispositions, alone or in combination, for all
felonies and misdemeanors other than as provided in Section
5-5-3 (730 ILCS 5/5-5-3) or as specifically provided in the
statute defining the offense or elsewhere:
(1) A period of probation.

SB1635 - 7 - LRB099 03468 MRW 23476 b
(2) A term of periodic imprisonment.
(3) A term of conditional discharge.
(4) A term of imprisonment.
(5) A fine.
(6) Restitution to the victim.
(7) Participation in an impact incarceration program.
(8) A term of imprisonment in combination with a term
of probation under subsection (d) of this Section or
paragraph (3) of subsection (a) of Section 5-6-1 of this
Code when the offender has been admitted into a drug court
program.
(9) If the defendant is convicted of arson, aggravated
arson, residential arson, or place of worship arson, an
order directing the offender to reimburse the local
emergency response department for the costs of responding
to the fire that the offender was convicted of setting in
accordance with the Emergency Services Response
Reimbursement for Criminal Convictions Act.
(b) FINE; RESTITUTION; NOT SOLE DISPOSITION. Neither a fine
nor restitution shall be the sole disposition for a felony, and
either or both may be imposed only in conjunction with another
disposition.
(c) PAROLE; MANDATORY SUPERVISED RELEASE. Except when a
term of natural life is imposed, every sentence includes a term
in addition to the term of imprisonment. For those sentenced
under the law in effect before February 1, 1978, that term is a

SB1635 - 8 - LRB099 03468 MRW 23476 b
parole term. For those sentenced on or after February 1, 1978,
that term is a mandatory supervised release term.
(d) COMBINATION SENTENCE. Notwithstanding any other law to
the contrary, in cases in which the defendant is to be
sentenced for a non-probationable offense based upon
sentencing statutes or the defendant's conviction history, the
court may sentence the defendant to a term of imprisonment in
the Department of Corrections or county jail in combination
with a consecutive term of service-intensive probation if the
court makes the following findings at the time of sentencing:
(1) the defendant suffers or has suffered from an
addiction or a mental illness that has contributed to past
or current criminal behavior;
(2) a combination sentence is necessary for the
protection of the public and for the rehabilitation of the
defendant; and
(3) the court finds each of the following eligibility
requirements apply:
(A) the offense is not a crime of violence;
(B) the offense is a non-probationable Class 1, 2,
3, or 4 felony including those to which the defendant
is subject to Class X sentencing under subsection (b)
of Section 5-4.5-95 of this Code or a drug offense
regardless of felony classification including
drug-induced homicide;
(C) the defendant admits his or her use of or

SB1635 - 9 - LRB099 03468 MRW 23476 b
addiction to drugs or alcohol and a need for treatment
is supported by a substance abuse evaluation, or the
defendant suffers from a mental illness based upon a
mental health assessment;
(D) the defendant demonstrates a willingness to
participate in a treatment program; and
(E) the defendant has not been convicted of a crime
of violence within the past 10 years excluding time
spent in incarceration.
If drug court or mental health court is available in the
jurisdiction, a defendant may be sentenced to a combination
sentence under this subsection (d) only upon the agreement of
the State's Attorney and the defendant and the court. In
sentencing the defendant on a combination sentence, the court:
(1) must require the defendant to execute a written
agreement as to his or her agreement to all of the terms
and conditions of the sentence, including but not limited
to the possibility of sanctions or incarceration for
failing to abide or comply with the terms of the sentence;
(2) must, in addition to any conditions authorized
under the Pretrial Services Act and Section 5-6-3 of the
Unified Code of Corrections, order the defendant to
complete any indicated treatment for substance abuse or
mental illness in an outpatient, inpatient, residential,
or jail-based custodial treatment program. Any period of
time a defendant shall serve in a jail-based treatment

SB1635 - 10 - LRB099 03468 MRW 23476 b
program may not be reduced by the accumulation of good time
or other credits;
(3) must include a regimen of graduated requirements
and rewards and sanctions, including but not limited to:
fines, fees, costs, restitution, additional incarceration,
individual and group therapy, drug testing, close
monitoring by the court at a minimum of once every 30 days
and supervision of progress, educational or vocational
counseling as appropriate, and other requirements
necessary to fulfill the sentence; and
(4) may impose as a term of service-intensive probation
any condition reasonably related to treatment,
rehabilitation, and community protection, including, but
not be limited to, requiring the defendant to serve
additional time in custody for probation violations if the
total time served by the defendant does not exceed the
maximum term of imprisonment for the sentencing offense.
If drug court or mental health court is not available in
the jurisdiction, the court may consider any objection from the
State's Attorney to sentencing the defendant under this
subsection (d). If the court elects to sentence a defendant to
a combination sentence under this subsection, the court:
(1) must require the defendant to execute a written
agreement as to his or her agreement to all of the terms
and conditions of the sentence, including but not limited
to the possibility of sanctions or incarceration for

SB1635 - 11 - LRB099 03468 MRW 23476 b
failing to abide or comply with the terms of the sentence;
(2) must, in addition to any conditions authorized
under the Pretrial Services Act and Section 5-6-3 of the
Unified Code of Corrections, order the defendant to
complete any indicated treatment for substance abuse or
mental illness in an outpatient, inpatient, residential,
or jail-based custodial treatment program. Any period of
time a defendant shall serve in a jail-based treatment
program may not be reduced by the accumulation of good time
or other credits;
(3) if available in the jurisdiction, must include a
regimen of graduated requirements and rewards and
sanctions, including but not limited to: fines, fees,
costs, restitution, additional incarceration, individual
and group therapy, drug testing, close monitoring by the
court at a minimum of once every 30 days and supervision of
progress, educational or vocational counseling as
appropriate, and other requirements necessary to fulfill
the sentence; and
(4) may impose as a term of service-intensive probation
any condition reasonably related to treatment,
rehabilitation, and community protection, including, but
not be limited to, requiring the defendant to serve
additional time in custody for probation violations if the
total time served by the defendant does not exceed the
maximum term of imprisonment for the sentencing offense.

SB1635 - 12 - LRB099 03468 MRW 23476 b
The court may structure the combination sentence without
regard to any mandatory minimum imprisonment requirements if
the combination of imprisonment and the term of probation
imposed equals or exceeds the mandatory minimum sentence for
the offense.
The court shall inform the defendant that if the defendant
fails to meet or violates any condition of the sentence the
sentence may be revoked and the defendant shall be re-sentenced
as provided in this Code for the offense charged.
If the defendant is sentenced to a term of incarceration in
the Department of Corrections under the combination sentence,
then upon his or her release the period of service-intensive
probation shall run concurrently with the period of mandatory
supervised release; however, any condition of the
service-intensive probation which is the same or similar to a
condition of mandatory supervised release shall supersede the
condition under mandatory supervised release, and satisfactory
completion of any condition of the service-intensive probation
which is the same or similar to a condition of mandatory
supervised release shall satisfy that condition under
mandatory supervised release.
In this Section, "crime of violence" means first degree
murder, second degree murder, armed violence, predatory
criminal sexual assault of a child, aggravated criminal sexual
assault, criminal sexual assault, armed robbery, home
invasion, aggravated arson, arson, aggravated kidnaping,

SB1635 - 13 - LRB099 03468 MRW 23476 b
kidnapping, aggravated battery resulting in great bodily harm
or permanent disability, stalking, aggravated stalking, or any
offense involving the discharge of a firearm.
(Source: P.A. 95-1052, eff. 7-1-09; incorporates P.A. 96-400,
eff. 8-13-09; 96-1000, eff. 7-2-10.)
(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

SB1635 - 14 - LRB099 03468 MRW 23476 b
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 service-intensive probation when the court
finds that a combination sentence 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

SB1635 - 15 - LRB099 03468 MRW 23476 b
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.

SB1635 - 16 - LRB099 03468 MRW 23476 b
(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.

SB1635 - 17 - LRB099 03468 MRW 23476 b
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, 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

SB1635 - 18 - LRB099 03468 MRW 23476 b
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

SB1635 - 19 - LRB099 03468 MRW 23476 b
(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.

SB1635 - 20 - LRB099 03468 MRW 23476 b
(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

SB1635 - 21 - LRB099 03468 MRW 23476 b
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

SB1635 - 22 - LRB099 03468 MRW 23476 b
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.

SB1635 - 23 - LRB099 03468 MRW 23476 b
(q) The provisions of paragraph (c) shall not apply to a
defendant charged with violating subsection (b) of Section
11-601 of the Illinois Vehicle Code when the defendant was
operating a vehicle, in an urban district, at a speed in excess
of 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.)
SB1635 - 24 - LRB099 03468 MRW 23476 b
INDEX
Statutes amended in order of appearance