Illinois 95th Regular Session Status: Enacted

SB 533 — VEH CD & CD CORR-DRIVE REVOKED

Last action — Public Act . . . . . . . . . 95-0377

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 08, 2007. Enacted.

Prognosis

Likely to advance 80% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 6 sponsors

    0 primary, 6 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Illinois Vehicle Code and the Unified Code of Corrections. Increases the penalties for the offense of driving with a revoked driver's license, permit, or privilege to operate a motor vehicle, if the revocation was because of the offense of reckless homicide. Provides that a first violation is a Class 4 felony and provides for mandatory imprisonment or community service. Provides that the revocation is extended a minimum of 3 years. Provides that if the person is granted a restricted driving permit, the person may not drive a vehicle not equipped with an ignition interlock device. Requires the defendant to undergo a drug or alcohol evaluation. Provides that a second violation is a Class 2 felony, for which a mandatory prison sentence shall be imposed. Provides that revocation of the person's driving privileges extends at least 5 years from the date of his or her release from prison. Provides that the person is not eligible for a restricted driving permit. Provides that a third violation is a Class 1 felony, for which a mandatory term of imprisonment shall be imposed. Provides that the person's driver's license is revoked for life. Provides that a fourth or subsequent violation is a Class 1 felony for which a mandatory prison term shall be imposed, and the defendant is eligible for an extended term of imprisonment.

Bill Text

What changed in the latest version

49 added · 49 removed

Plain-language change summary

The latest version of Bill SB 533 has replaced all previous references from "Engrossed" to "Enrolled," indicating a finalized version of the bill. This change is important because it signifies that the bill has completed the legislative process and is now in its final form, ready for approval or further action. The bill's contents, however, do not appear to have changed between these two versions.

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SB0533 Engrossed LRB095 09438 DRH 29635 b AN ACT concerning transportation.
SB0533 Enrolled LRB095 09438 DRH 29635 b AN ACT concerning transportation.
SB0533 Engrossed - 2 - LRB095 09438 DRH 29635 b 4.
SB0533 Enrolled - 2 - LRB095 09438 DRH 29635 b 4.
Violation of paragraph (a) of Section 11-502 of this Code or a similar provision of a local ordinance if SB0533 Engrossed - 3 - LRB095 09438 DRH 29635 b the driver has been previously convicted of a violation of that Section or a similar provision of a local ordinance and the driver was less than 21 years of age at the time of the offense.
Violation of paragraph (a) of Section 11-502 of this Code or a similar provision of a local ordinance if SB0533 Enrolled - 3 - LRB095 09438 DRH 29635 b the driver has been previously convicted of a violation of that Section or a similar provision of a local ordinance and the driver was less than 21 years of age at the time of the offense.
(c) Except as provided in subsection (c-5), whenever Whenever a person is convicted of any of the offenses enumerated in this Section, the court may recommend and the Secretary of State in his discretion, without regard to whether the recommendation is made by the court may, upon application, issue to the person a restricted driving permit granting the privilege of driving a motor vehicle between the petitioner’s residence and petitioner’s place of employment or within the scope of the petitioner’s employment related duties, or to allow transportation for the petitioner or a household member of the petitioner’s family for the receipt of necessary medical SB0533 Engrossed - 4 - LRB095 09438 DRH 29635 b care or, if the professional evaluation indicates, provide transportation for the petitioner for alcohol remedial or rehabilitative activity, or for the petitioner to attend classes, as a student, in an accredited educational institution;
(c) Except as provided in subsection (c-5), whenever Whenever a person is convicted of any of the offenses enumerated in this Section, the court may recommend and the Secretary of State in his discretion, without regard to whether the recommendation is made by the court may, upon application, issue to the person a restricted driving permit granting the privilege of driving a motor vehicle between the petitioner’s residence and petitioner’s place of employment or within the scope of the petitioner’s employment related duties, or to allow transportation for the petitioner or a household member of the petitioner’s family for the receipt of necessary medical SB0533 Enrolled - 4 - LRB095 09438 DRH 29635 b care or, if the professional evaluation indicates, provide transportation for the petitioner for alcohol remedial or rehabilitative activity, or for the petitioner to attend classes, as a student, in an accredited educational institution;
If a person’s license or permit has been revoked or suspended 2 or more times within a 10 year period due to a single conviction of violating Section 11-501 of this Code or a similar provision of a local ordinance or a similar out-of-state offense, and a statutory summary suspension under Section 11-501.1, or 2 or more statutory summary suspensions, or combination of 2 offenses, or of an offense and a statutory summary suspension, arising out of separate occurrences, or if SB0533 Engrossed - 5 - LRB095 09438 DRH 29635 b a person has been convicted of one violation of Section 6-303 of this Code committed while his or her driver’s license, permit, or privilege was revoked because of a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar provision of a law of another state, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1-129.1.
If a person’s license or permit has been revoked or suspended 2 or more times within a 10 year period due to a single conviction of violating Section 11-501 of this Code or a similar provision of a local ordinance or a similar out-of-state offense, and a statutory summary suspension under Section 11-501.1, or 2 or more statutory summary suspensions, or combination of 2 offenses, or of an offense and a statutory summary suspension, arising out of separate occurrences, or if SB0533 Enrolled - 5 - LRB095 09438 DRH 29635 b a person has been convicted of one violation of Section 6-303 of this Code committed while his or her driver’s license, permit, or privilege was revoked because of a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar provision of a law of another state, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1-129.1.
The Secretary may not, however, issue a restricted driving permit to any person whose current revocation is the result of a second or subsequent conviction for a violation of Section 11-501 of this Code or a similar provision of a local ordinance relating to the offense of operating or being in physical control of a motor vehicle while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any similar SB0533 Engrossed - 6 - LRB095 09438 DRH 29635 b out-of-state offense, or any combination thereof, until the expiration of at least one year from the date of the revocation.
The Secretary may not, however, issue a restricted driving permit to any person whose current revocation is the result of a second or subsequent conviction for a violation of Section 11-501 of this Code or a similar provision of a local ordinance relating to the offense of operating or being in physical control of a motor vehicle while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any similar SB0533 Enrolled - 6 - LRB095 09438 DRH 29635 b out-of-state offense, or any combination thereof, until the expiration of at least one year from the date of the revocation.
(c-5) The Secretary may not issue a restricted driving permit to any person who has been convicted of a second or subsequent violation of Section 6-303 of this Code committed while his or her driver’s license, permit, or privilege was revoked because of a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or SB0533 Engrossed - 7 - LRB095 09438 DRH 29635 b a similar provision of a law of another state.
(c-5) The Secretary may not issue a restricted driving permit to any person who has been convicted of a second or subsequent violation of Section 6-303 of this Code committed while his or her driver’s license, permit, or privilege was revoked because of a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or SB0533 Enrolled - 7 - LRB095 09438 DRH 29635 b a similar provision of a law of another state.
If a person’s license or permit has been revoked or suspended due to 2 or more convictions of violating Section 11-501 of this Code or a similar provision of a local ordinance or a similar out-of-state offense, arising out of separate occurrences, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section SB0533 Engrossed - 8 - LRB095 09438 DRH 29635 b 1-129.1.
If a person’s license or permit has been revoked or suspended due to 2 or more convictions of violating Section 11-501 of this Code or a similar provision of a local ordinance or a similar out-of-state offense, arising out of separate occurrences, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section SB0533 Enrolled - 8 - LRB095 09438 DRH 29635 b 1-129.1.
except that a conviction upon one or more offenses against laws or ordinances regulating the movement of traffic shall be deemed sufficient cause for the revocation, suspension, or SB0533 Engrossed - 9 - LRB095 09438 DRH 29635 b cancellation of a restricted driving permit.
except that a conviction upon one or more offenses against laws or ordinances regulating the movement of traffic shall be deemed sufficient cause for the revocation, suspension, or SB0533 Enrolled - 9 - LRB095 09438 DRH 29635 b cancellation of a restricted driving permit.
(h) The Secretary of State shall require the use of ignition interlock devices on all vehicles owned by an individual who has been convicted of a second or subsequent offense under Section 11-501 of this Code or a similar SB0533 Engrossed - 10 - LRB095 09438 DRH 29635 b provision of a local ordinance.
(h) The Secretary of State shall require the use of ignition interlock devices on all vehicles owned by an individual who has been convicted of a second or subsequent offense under Section 11-501 of this Code or a similar SB0533 Enrolled - 10 - LRB095 09438 DRH 29635 b provision of a local ordinance.
(b) Any person whose license, permit or privilege to drive SB0533 Engrossed - 11 - LRB095 09438 DRH 29635 b a motor vehicle on the highways has been revoked shall not be entitled to have such license, permit or privilege renewed or restored.
(b) Any person whose license, permit or privilege to drive SB0533 Enrolled - 11 - LRB095 09438 DRH 29635 b a motor vehicle on the highways has been revoked shall not be entitled to have such license, permit or privilege renewed or restored.
SB0533 Engrossed - 12 - LRB095 09438 DRH 29635 b 1.5.
SB0533 Enrolled - 12 - LRB095 09438 DRH 29635 b 1.5.
SB0533 Engrossed - 13 - LRB095 09438 DRH 29635 b 3.
SB0533 Enrolled - 13 - LRB095 09438 DRH 29635 b 3.
Notwithstanding any other provision of this Code, all persons referred to in this paragraph (b) may not have their privileges restored until the Secretary receives payment of the required reinstatement fee pursuant to subsection (b) of SB0533 Engrossed - 14 - LRB095 09438 DRH 29635 b Section 6-118.
Notwithstanding any other provision of this Code, all persons referred to in this paragraph (b) may not have their privileges restored until the Secretary receives payment of the required reinstatement fee pursuant to subsection (b) of SB0533 Enrolled - 14 - LRB095 09438 DRH 29635 b Section 6-118.
SB0533 Engrossed - 15 - LRB095 09438 DRH 29635 b (a-5) Any person who violates this Section as provided in subsection (a) while his or her driver’s license, permit or privilege is revoked because of a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide or a similar provision of a law of another state, is guilty of a Class 4 felony.
SB0533 Enrolled - 15 - LRB095 09438 DRH 29635 b (a-5) Any person who violates this Section as provided in subsection (a) while his or her driver’s license, permit or privilege is revoked because of a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide or a similar provision of a law of another state, is guilty of a Class 4 felony.
and if the conviction was upon a charge which indicated that a vehicle was operated during the time when the SB0533 Engrossed - 16 - LRB095 09438 DRH 29635 b person’s driver’s license, permit or privilege was revoked;
and if the conviction was upon a charge which indicated that a vehicle was operated during the time when the SB0533 Enrolled - 16 - LRB095 09438 DRH 29635 b person’s driver’s license, permit or privilege was revoked;
or (2) a violation of paragraph (b) of Section 11-401 of this Code or a similar provision of a local ordinance relating to the offense of leaving the scene of a motor SB0533 Engrossed - 17 - LRB095 09438 DRH 29635 b vehicle accident involving personal injury or death;
or (2) a violation of paragraph (b) of Section 11-401 of this Code or a similar provision of a local ordinance relating to the offense of leaving the scene of a motor SB0533 Enrolled - 17 - LRB095 09438 DRH 29635 b vehicle accident involving personal injury or death;
SB0533 Engrossed - 18 - LRB095 09438 DRH 29635 b (d) Any person convicted of a second violation of this Section shall be guilty of a Class 4 felony and shall serve a minimum term of imprisonment of 30 days or 300 hours of community service, as determined by the court, if the revocation or suspension was for a violation of Section 11-401 or 11-501 of this Code, or a similar out-of-state offense, or a similar provision of a local ordinance, a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar out-of-state offense, or a statutory summary suspension under Section 11-501.1 of this Code.
SB0533 Enrolled - 18 - LRB095 09438 DRH 29635 b (d) Any person convicted of a second violation of this Section shall be guilty of a Class 4 felony and shall serve a minimum term of imprisonment of 30 days or 300 hours of community service, as determined by the court, if the revocation or suspension was for a violation of Section 11-401 or 11-501 of this Code, or a similar out-of-state offense, or a similar provision of a local ordinance, a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar out-of-state offense, or a statutory summary suspension under Section 11-501.1 of this Code.
(d-2.5) Any person convicted of a third violation of this SB0533 Engrossed - 19 - LRB095 09438 DRH 29635 b Section is guilty of a Class 1 felony, is not eligible for probation or conditional discharge, and must serve a mandatory term of imprisonment if the revocation or suspension was for a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar out-of-state offense.
(d-2.5) Any person convicted of a third violation of this SB0533 Enrolled - 19 - LRB095 09438 DRH 29635 b Section is guilty of a Class 1 felony, is not eligible for probation or conditional discharge, and must serve a mandatory term of imprisonment if the revocation or suspension was for a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar out-of-state offense.
(d-4) Any person convicted of a tenth, eleventh, twelfth, thirteenth, or fourteenth violation of this Section is guilty SB0533 Engrossed - 20 - LRB095 09438 DRH 29635 b of a Class 3 felony, and is not eligible for probation or conditional discharge, if the revocation or suspension was for a violation of Section 11-401 or 11-501 of this Code, or a similar out-of-state offense, or a similar provision of a local ordinance, a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar out-of-state offense, or a statutory summary suspension under Section 11-501.1 of this Code.
(d-4) Any person convicted of a tenth, eleventh, twelfth, thirteenth, or fourteenth violation of this Section is guilty SB0533 Enrolled - 20 - LRB095 09438 DRH 29635 b of a Class 3 felony, and is not eligible for probation or conditional discharge, if the revocation or suspension was for a violation of Section 11-401 or 11-501 of this Code, or a similar out-of-state offense, or a similar provision of a local ordinance, a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar out-of-state offense, or a statutory summary suspension under Section 11-501.1 of this Code.
The motor vehicle may be released to any licensed driver upon a showing of proof of insurance for the vehicle that was impounded and the notarized written consent for the SB0533 Engrossed - 21 - LRB095 09438 DRH 29635 b release by the vehicle owner.
The motor vehicle may be released to any licensed driver upon a showing of proof of insurance for the vehicle that was impounded and the notarized written consent for the SB0533 Enrolled - 21 - LRB095 09438 DRH 29635 b release by the vehicle owner.
SB0533 Engrossed - 22 - LRB095 09438 DRH 29635 b (2) A term of periodic imprisonment.
SB0533 Enrolled - 22 - LRB095 09438 DRH 29635 b (2) A term of periodic imprisonment.
(2) A period of probation, a term of periodic imprisonment or conditional discharge shall not be imposed SB0533 Engrossed - 23 - LRB095 09438 DRH 29635 b for the following offenses.
(2) A period of probation, a term of periodic imprisonment or conditional discharge shall not be imposed SB0533 Enrolled - 23 - LRB095 09438 DRH 29635 b for the following offenses.
(G) Residential burglary, except as otherwise SB0533 Engrossed - 24 - LRB095 09438 DRH 29635 b provided in Section 40-10 of the Alcoholism and Other Drug Abuse and Dependency Act.
(G) Residential burglary, except as otherwise SB0533 Enrolled - 24 - LRB095 09438 DRH 29635 b provided in Section 40-10 of the Alcoholism and Other Drug Abuse and Dependency Act.
(N) A Class 3 felony violation of paragraph (1) of subsection (a) of Section 2 of the Firearm Owners SB0533 Engrossed - 25 - LRB095 09438 DRH 29635 b Identification Card Act.
(N) A Class 3 felony violation of paragraph (1) of subsection (a) of Section 2 of the Firearm Owners SB0533 Enrolled - 25 - LRB095 09438 DRH 29635 b Identification Card Act.
SB0533 Engrossed - 26 - LRB095 09438 DRH 29635 b (4.2) Except as provided in paragraphs paragraph (4.3) and (4.8) of this subsection (c), a minimum of 100 hours of community service shall be imposed for a second violation of Section 6-303 of the Illinois Vehicle Code.
SB0533 Enrolled - 26 - LRB095 09438 DRH 29635 b (4.2) Except as provided in paragraphs paragraph (4.3) and (4.8) of this subsection (c), a minimum of 100 hours of community service shall be imposed for a second violation of Section 6-303 of the Illinois Vehicle Code.
(4.7) A minimum term of imprisonment of not less than 30 consecutive days, or 300 hours of community service, shall be imposed for a violation of subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, as provided in SB0533 Engrossed - 27 - LRB095 09438 DRH 29635 b subsection (b-5) of that Section.
(4.7) A minimum term of imprisonment of not less than 30 consecutive days, or 300 hours of community service, shall be imposed for a violation of subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, as provided in SB0533 Enrolled - 27 - LRB095 09438 DRH 29635 b subsection (b-5) of that Section.
(C) make restitution to the victim under Section SB0533 Engrossed - 28 - LRB095 09438 DRH 29635 b 5-5-6 of this Code.
(C) make restitution to the victim under Section SB0533 Enrolled - 28 - LRB095 09438 DRH 29635 b 5-5-6 of this Code.
(5.4) In addition to any penalties imposed under paragraph (5) of this subsection (c), a person convicted of violating Section 3-707 of the Illinois Vehicle Code shall SB0533 Engrossed - 29 - LRB095 09438 DRH 29635 b have his or her driver’s license, permit, or privileges suspended for 3 months and until he or she has paid a reinstatement fee of $100.
(5.4) In addition to any penalties imposed under paragraph (5) of this subsection (c), a person convicted of violating Section 3-707 of the Illinois Vehicle Code shall SB0533 Enrolled - 29 - LRB095 09438 DRH 29635 b have his or her driver’s license, permit, or privileges suspended for 3 months and until he or she has paid a reinstatement fee of $100.
(8) When a defendant, over the age of 21 years, is convicted of a Class 1 or Class 2 felony, after having twice been convicted in any state or federal court of an offense that contains the same elements as an offense now classified in Illinois as a Class 2 or greater Class felony and such charges are separately brought and tried and arise SB0533 Engrossed - 30 - LRB095 09438 DRH 29635 b out of different series of acts, such defendant shall be sentenced as a Class X offender.
(8) When a defendant, over the age of 21 years, is convicted of a Class 1 or Class 2 felony, after having twice been convicted in any state or federal court of an offense that contains the same elements as an offense now classified in Illinois as a Class 2 or greater Class felony and such charges are separately brought and tried and arise SB0533 Enrolled - 30 - LRB095 09438 DRH 29635 b out of different series of acts, such defendant shall be sentenced as a Class X offender.
For the purposes of this paragraph (11), "sports official" means a person at an athletic contest who enforces the rules of the contest, SB0533 Engrossed - 31 - LRB095 09438 DRH 29635 b such as an umpire or referee;
For the purposes of this paragraph (11), "sports official" means a person at an athletic contest who enforces the rules of the contest, SB0533 Enrolled - 31 - LRB095 09438 DRH 29635 b such as an umpire or referee;
If a sentence is vacated on appeal or on collateral attack due to the failure of the trier of fact at trial to determine beyond a reasonable doubt the existence of a fact (other than a prior conviction) necessary to increase the punishment for the offense beyond the statutory maximum otherwise applicable, either the defendant may be re-sentenced to a term within the range otherwise provided or, if the State SB0533 Engrossed - 32 - LRB095 09438 DRH 29635 b files notice of its intention to again seek the extended sentence, the defendant shall be afforded a new trial.
If a sentence is vacated on appeal or on collateral attack due to the failure of the trier of fact at trial to determine beyond a reasonable doubt the existence of a fact (other than a prior conviction) necessary to increase the punishment for the offense beyond the statutory maximum otherwise applicable, either the defendant may be re-sentenced to a term within the range otherwise provided or, if the State SB0533 Enrolled - 32 - LRB095 09438 DRH 29635 b files notice of its intention to again seek the extended sentence, the defendant shall be afforded a new trial.
and (2) the court orders the defendant to pay for the victim’s counseling services, to the extent that the court finds, after considering the defendant’s income and SB0533 Engrossed - 33 - LRB095 09438 DRH 29635 b assets, that the defendant is financially capable of paying for such services, if the victim was under 18 years of age at the time the offense was committed and requires counseling as a result of the offense.
and (2) the court orders the defendant to pay for the victim’s counseling services, to the extent that the court finds, after considering the defendant’s income and SB0533 Enrolled - 33 - LRB095 09438 DRH 29635 b assets, that the defendant is financially capable of paying for such services, if the victim was under 18 years of age at the time the offense was committed and requires counseling as a result of the offense.
SB0533 Engrossed - 34 - LRB095 09438 DRH 29635 b Any such medical test shall be performed only by appropriately licensed medical practitioners and may include an analysis of any bodily fluids as well as an examination of the defendant’s person.
SB0533 Enrolled - 34 - LRB095 09438 DRH 29635 b Any such medical test shall be performed only by appropriately licensed medical practitioners and may include an analysis of any bodily fluids as well as an examination of the defendant’s person.
A State’s Attorney may petition the court to obtain the results of any HIV test administered under this Section, and the court shall grant the disclosure if the State’s Attorney shows it is relevant in order to prosecute a charge of criminal transmission of HIV under Section 12-16.2 of the Criminal Code SB0533 Engrossed - 35 - LRB095 09438 DRH 29635 b of 1961 against the defendant.
A State’s Attorney may petition the court to obtain the results of any HIV test administered under this Section, and the court shall grant the disclosure if the State’s Attorney shows it is relevant in order to prosecute a charge of criminal transmission of HIV under Section 12-16.2 of the Criminal Code SB0533 Enrolled - 35 - LRB095 09438 DRH 29635 b of 1961 against the defendant.
Acting in accordance with the best interests of the public, the judge shall have the discretion to determine to whom, if anyone, the results of the SB0533 Engrossed - 36 - LRB095 09438 DRH 29635 b testing may be revealed.
Acting in accordance with the best interests of the public, the judge shall have the discretion to determine to whom, if anyone, the results of the SB0533 Enrolled - 36 - LRB095 09438 DRH 29635 b testing may be revealed.
(j) In cases when prosecution for any violation of Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1, SB0533 Engrossed - 37 - LRB095 09438 DRH 29635 b 11-21, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961, any violation of the Illinois Controlled Substances Act, any violation of the Cannabis Control Act, or any violation of the Methamphetamine Control and Community Protection Act results in conviction, a disposition of court supervision, or an order of probation granted under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substance Act, or Section 70 of the Methamphetamine Control and Community Protection Act of a defendant, the court shall determine whether the defendant is employed by a facility or center as defined under the Child Care Act of 1969, a public or private elementary or secondary school, or otherwise works with children under 18 years of age on a daily basis.
(j) In cases when prosecution for any violation of Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1, SB0533 Enrolled - 37 - LRB095 09438 DRH 29635 b 11-21, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961, any violation of the Illinois Controlled Substances Act, any violation of the Cannabis Control Act, or any violation of the Methamphetamine Control and Community Protection Act results in conviction, a disposition of court supervision, or an order of probation granted under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substance Act, or Section 70 of the Methamphetamine Control and Community Protection Act of a defendant, the court shall determine whether the defendant is employed by a facility or center as defined under the Child Care Act of 1969, a public or private elementary or secondary school, or otherwise works with children under 18 years of age on a daily basis.
(j-5) A defendant at least 17 years of age who is convicted of a felony and who has not been previously convicted of a misdemeanor or felony and who is sentenced to a term of imprisonment in the Illinois Department of Corrections shall as SB0533 Engrossed - 38 - LRB095 09438 DRH 29635 b a condition of his or her sentence be required by the court to attend educational courses designed to prepare the defendant for a high school diploma and to work toward a high school diploma or to work toward passing the high school level Test of General Educational Development (GED) or to work toward completing a vocational training program offered by the Department of Corrections.
(j-5) A defendant at least 17 years of age who is convicted of a felony and who has not been previously convicted of a misdemeanor or felony and who is sentenced to a term of imprisonment in the Illinois Department of Corrections shall as SB0533 Enrolled - 38 - LRB095 09438 DRH 29635 b a condition of his or her sentence be required by the court to attend educational courses designed to prepare the defendant for a high school diploma and to work toward a high school diploma or to work toward passing the high school level Test of General Educational Development (GED) or to work toward completing a vocational training program offered by the Department of Corrections.
This subsection (j-5) does not apply to a defendant who is determined by the court to be developmentally disabled or SB0533 Engrossed - 39 - LRB095 09438 DRH 29635 b otherwise mentally incapable of completing the educational or vocational program.
This subsection (j-5) does not apply to a defendant who is determined by the court to be developmentally disabled or SB0533 Enrolled - 39 - LRB095 09438 DRH 29635 b otherwise mentally incapable of completing the educational or vocational program.
(B) If the defendant has already been sentenced for a felony or misdemeanor offense, or has been placed on probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community SB0533 Engrossed - 40 - LRB095 09438 DRH 29635 b Protection Act, the court may, upon motion of the State’s Attorney to suspend the sentence imposed, commit the defendant to the custody of the Attorney General of the United States or his or her designated agent when:
(B) If the defendant has already been sentenced for a felony or misdemeanor offense, or has been placed on probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community SB0533 Enrolled - 40 - LRB095 09438 DRH 29635 b Protection Act, the court may, upon motion of the State’s Attorney to suspend the sentence imposed, commit the defendant to the custody of the Attorney General of the United States or his or her designated agent when:
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(m) A person convicted of criminal defacement of property under Section 21-1.3 of the Criminal Code of 1961, in which the property damage exceeds $300 and the property damaged is a SB0533 Engrossed - 41 - LRB095 09438 DRH 29635 b school building, shall be ordered to perform community service that may include cleanup, removal, or painting over the defacement.
(m) A person convicted of criminal defacement of property under Section 21-1.3 of the Criminal Code of 1961, in which the property damage exceeds $300 and the property damaged is a SB0533 Enrolled - 41 - LRB095 09438 DRH 29635 b school building, shall be ordered to perform community service that may include cleanup, removal, or painting over the defacement.
The General Assembly SB0533 Engrossed - 42 - LRB095 09438 DRH 29635 b 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 General Assembly SB0533 Enrolled - 42 - LRB095 09438 DRH 29635 b 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 court shall impose as a condition of a sentence of probation, conditional discharge, or supervision, that the SB0533 Engrossed - 43 - LRB095 09438 DRH 29635 b 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.
The court shall impose as a condition of a sentence of probation, conditional discharge, or supervision, that the SB0533 Enrolled - 43 - LRB095 09438 DRH 29635 b 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.
(ii) a Class A misdemeanor violation of SB0533 Engrossed - 44 - LRB095 09438 DRH 29635 b Section 3.01, 3.03-1, or 4.01 of the Humane Care for Animals Act;
(ii) a Class A misdemeanor violation of SB0533 Enrolled - 44 - LRB095 09438 DRH 29635 b Section 3.01, 3.03-1, or 4.01 of the Humane Care for Animals Act;
SB0533 Engrossed - 45 - LRB095 09438 DRH 29635 b (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;
SB0533 Enrolled - 45 - LRB095 09438 DRH 29635 b (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;
The court shall consider the statement of the prosecuting SB0533 Engrossed - 46 - LRB095 09438 DRH 29635 b authority with regard to the standards set forth in this Section.
The court shall consider the statement of the prosecuting SB0533 Enrolled - 46 - LRB095 09438 DRH 29635 b authority with regard to the standards set forth in this Section.
SB0533 Engrossed - 47 - LRB095 09438 DRH 29635 b (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.
SB0533 Enrolled - 47 - LRB095 09438 DRH 29635 b (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.
(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 SB0533 Engrossed - 48 - LRB095 09438 DRH 29635 b 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, or a violation of Section 9-3 of the Criminal Code of 1961 if the defendant has within the last 10 years been:
(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 SB0533 Enrolled - 48 - LRB095 09438 DRH 29635 b 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, or a violation of Section 9-3 of the Criminal Code of 1961 if the defendant has within the last 10 years been:
In addition to the $20 fee, the person shall also pay a fee of $5, which, if not waived by the court, shall be collected as SB0533 Engrossed - 49 - LRB095 09438 DRH 29635 b provided in Sections 27.5 and 27.6 of the Clerks of Courts Act.
In addition to the $20 fee, the person shall also pay a fee of $5, which, if not waived by the court, shall be collected as SB0533 Enrolled - 49 - LRB095 09438 DRH 29635 b provided in Sections 27.5 and 27.6 of the Clerks of Courts Act.
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Action History

  1. Public Act . . . . . . . . . 95-0377

  2. Effective Date January 1, 2008

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Third Reading - Short Debate - Passed 116-000-000

  7. Added as Co-Sponsor Sen. Ira I. Silverstein

  8. Added Alternate Co-Sponsor Rep. JoAnn D. Osmond

  9. Added Alternate Co-Sponsor Rep. Linda Chapa LaVia

  10. Added Alternate Co-Sponsor Rep. Jack D. Franks

  11. Added Alternate Co-Sponsor Rep. Ed Sullivan, Jr.

  12. Added Alternate Co-Sponsor Rep. Susana A Mendoza

  13. Placed on Calendar Order of 3rd Reading - Short Debate

  14. Second Reading - Short Debate

  15. Added Alternate Chief Co-Sponsor Rep. Sandra M. Pihos

  16. Placed on Calendar 2nd Reading - Short Debate

  17. Do Pass / Short Debate Transportation and Motor Vehicles Committee; 013-000-000

  18. Assigned to Transportation and Motor Vehicles Committee

  19. Added Alternate Chief Co-Sponsor Rep. James H. Meyer

  20. Added Alternate Chief Co-Sponsor Rep. Paul D. Froehlich

  21. Alternate Chief Sponsor Changed to Rep. Joe Dunn

  22. Alternate Chief Co-Sponsor Changed to Rep. Sidney H. Mathias

  23. Added Alternate Chief Co-Sponsor Rep. Sidney H. Mathias

  24. Referred to Rules Committee

  25. First Reading

  26. Chief House Sponsor Rep. Paul D. Froehlich

  27. Placed on Calendar Order of First Reading

  28. Arrived in House

  29. Third Reading - Passed; 056-000-001

  30. Added as Chief Co-Sponsor Sen. Linda Holmes

  31. Added as Chief Co-Sponsor Sen. Dan Kotowski

  32. Added as Co-Sponsor Sen. Martin A. Sandoval

  33. Added as Chief Co-Sponsor Sen. Matt Murphy

  34. Placed on Calendar Order of 3rd Reading March 27, 2007

  35. Second Reading

  36. Placed on Calendar Order of 2nd Reading March 8, 2007

  37. Do Pass Judiciary Criminal Law; 008-000-000

  38. Postponed - Judiciary Criminal Law

  39. Assigned to Judiciary Criminal Law

  40. Referred to Rules

  41. First Reading

  42. Chief Co-Sponsor Sen. Randall M. Hultgren

  43. Filed with Secretary by Sen. Kirk W. Dillard

Sponsors

  • Kirk W. Dillard · Cosponsor
  • Susana A Mendoza · Cosponsor
  • Jr. Ed Sullivan · Cosponsor
  • Jack D. Franks · Cosponsor
  • JoAnn D. Osmond · Cosponsor
  • Chapa LaVia · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 6 co-sponsors · 177 not signed on

Sponsors (0)

None.

Co-sponsors (6)

  • Kirk W. Dillard
  • Susana A Mendoza
  • Ed Sullivan, Jr.
  • Jack D. Franks
  • JoAnn D. Osmond
  • Chapa LaVia

Not signed on (177)

177 members have not signed on to this bill.

Show all 177 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 116 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 103002
Democrat 9000
Republican 4000
Total 116002
% of votes cast 98%0%0%2%
How each member voted (118)
Member Party Vote
Granberg — Yea
Myers — Yea
Jefferies — Yea
Jefferson — Yea
Krause — Yea
Lang — Yea
Lindner — Yea
Mathias — Yea
McAuliffe — Yea
McCarthy — Yea
Reitz — Yea
Lyons — Yea
Dugan — Yea
Dunkin — Yea
Dunn — Yea
Durkin — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Madigan — Yea
Mendoza — Yea
McGuire — Yea
Meyer — Yea
Moffitt — Yea
Mulligan — Yea
Bradley, John — Yea
Munson — Yea
Bradley, Richard — Yea
Nekritz — Yea
Brady — Yea
Mitchell, Bill — Yea
Phelps — Yea
Mitchell, Jerry — Yea
Pihos — Yea
Schock — Yea
Burke — Yea
Davis, Monique — Yea
Graham — Not Voting
Kosel — Yea
Sullivan — Yea
Scully — Yea
Hannig — Yea
Tryon — Yea
Harris — Yea
Turner — Yea
Verschoore — Yea
Hernandez — Yea
Wait — Yea
Washington — Yea
Winters — Yea
Yarbrough — Yea
Younge — Yea
Watson — Yea
Howard — Yea
Coladipietro — Yea
Cole — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Fortner — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Golar — Yea
Gordon — Yea
Hamos — Yea
Hassert — Yea
Holbrook — Yea
Jakobsson — Yea
Osmond — Yea
Osterman — Yea
Patterson — Not Voting
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Sommer — Yea
Soto — Yea
Leitch — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Colvin — Yea
Coulson — Yea
Molaro — Yea
Chapa LaVia — Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Third Reading

Passed 56 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 48001
Democrat 7002
Republican 1000
Total 56003
% of votes cast 95%0%0%5%
How each member voted (59)
Member Party Vote
Halvorson — Yea
Noland — Yea
Link — Yea
Luechtefeld — Yea
Maloney — Yea
Meeks — Yea
Schoenberg — Yea
Sieben — Yea
Silverstein — Yea
Brady — Yea
Sullivan — Yea
Munoz — Yea
Clayborne — Yea
Crotty — Yea
Forby — Yea
Garrett — Yea
Haine — Yea
Hendon — Yea
Hultgren — Yea
Cullerton — Yea
Jacobs — Yea
Watson — Yea
Jones, J. — Yea
Demuzio — Yea
Pankau — Yea
Radogno — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Kotowski — Yea
Peterson — Yea
Raoul — Not Voting
Righter — Yea
Risinger — Yea
Ronen — Yea
Rutherford — Yea
Sandoval — Yea
Lauzen — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
Millner — Yea
Cronin — Yea
Frerichs — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Not Voting
Eva-Dina Delgado Democrat Not Voting
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

public-safety transportation
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Frequently asked questions

What does SB 533 do?
Amends the Illinois Vehicle Code and the Unified Code of Corrections. Increases the penalties for the offense of driving with a revoked driver's license, permit, or privilege to operate a motor vehicle, if the revocation was because of the offense of reckless homicide. Provides that a first violation is a Class 4 felony and provides for mandatory imprisonment or community service. Provides that the revocation is extended a minimum of 3 years. Provides that if the person is granted a restricted driving permit, the person may not drive a vehicle not equipped with an ignition interlock device. Requires the defendant to undergo a drug or alcohol evaluation. Provides that a second violation is a Class 2 felony, for which a mandatory prison sentence shall be imposed. Provides that revocation of the person's driving privileges extends at least 5 years from the date of his or her release from prison. Provides that the person is not eligible for a restricted driving permit. Provides that a third violation is a Class 1 felony, for which a mandatory term of imprisonment shall be imposed. Provides that the person's driver's license is revoked for life. Provides that a fourth or subsequent violation is a Class 1 felony for which a mandatory prison term shall be imposed, and the defendant is eligible for an extended term of imprisonment.
Who sponsors SB 533?
SB 533 is sponsored by Kirk W. Dillard, Susana A Mendoza, Ed Sullivan, Jr., Jack D. Franks, JoAnn D. Osmond, and Chapa LaVia.
What is the current status of SB 533?
This bill has been enacted into law. Introduced February 08, 2007. Enacted.
Where can I track SB 533?
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