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Statute Clarification: When is Court Supervision not Available per 730 ILCS 5/5-6-1

730 ILCS 5/5-6-1 prohibits a sentence of court supervision in certain situations and for certain offenses. This statute references other statutes by number instead of offense title, forcing the reader to do additional research. 730 ILCS 5/5-6-1 is interpreted below by name or title instead of citation only.


REFERENCE STATUTE

MISDEMEANOR OFFENSES NOT ELIGIBLE FOR COURT SUPERVISION

Sexual Exploitation of a Child in violation of 720 ILCS 5/11-9.1

Domestic Battery in violation of 720 ILCS 5/12-3.2

Criminal Sexual Abuse in violation of 720 ILCS 5/11-1.50

Dog Fighting in violation of 720 ILCS 5/48-1

Resisting a Peace Officer in violation of 720 ILCS 5/31-1

Escape in violation of 720 ILCS 5/31-6

Aiding Escape in violation of 720 ILCS 5/31-7

Criminal Damage to Property where damage is caused recklessly by fire or explosives in violation of 720 ILCS 5/21-1(a)(2)

Criminal Damage to Property where damage is caused by a fire in violation of 720 ILCS 5/21-1(a)(3)

Cruelty to Animals in violation of 510 ILCS 70/3.01

Depiction of Cruelty to Animals in violation of 510 ILCS 70/3.03-1

Any involvement in an Animal Fighting or Killing for Entertainment in violation of 510 ILCS 70/4.01

A second retail theft offense in violation of 725 ILCS 5/16-25, if the prior retail theft offense occurred within 5 years.

Failure of Scrap Processor to Keep Proper Business Records in violation of 625 ILCS 5/5-401.3 if the defendant has a prior violation within the last 5 years

A certified firearm instructor who provides false certification of completed firearm training in violation of 430 ILCS 66/70(i)


REFERENCE STATUTE

TRAFFIC OFFENSES NOT ELIGIBLE FOR COURT SUPERVISION

​A second DUI offense in violation of 625 ILCS 5/11-501 (or any similar provision).

Overweight Vehicle in violation of 625 ILCS 5/15-111, 625 ILCS 5/15-112, or 625 ILCS 5/15-301

Operating a Vehicle Without Proper Classification in violation of 625 ILCS 5/6-104

Aggravated Speeding in a Construction Zone in violation of 625 ILCS 5/11-605.1(d-5)

​Failure to Yield to a Pedestrian in a Crosswalk in violation of 625 ILCS 5/11-1002.5

​Improper Passing of a School Bus in violation of 625 ILCS 5/11-1414

Improper Passing of an Emergency Vehicle (Class A violation only) in violation of 625 ILCS 5/11-907

​Operating an Uninsured Motor Vehicle in violation of 625 ILCS 5/3-707 if the defendant has a prior violation within the last 5 years

Operating a Motor Vehicle when Registration Suspended for Non-insurance in violation of 625 ILCS 5/3-708 if the defendant has a prior violation within the last 5 years

​Display of a False Insurance Card in violation of 625 ILCS 5/3-710 if the defendant has a prior violation within the last 5 years

Operation of an Uninsured Motor Vehicle in violation of 625 ILCS 5/3-707 if you have previously been given court supervision for the same offense.

Aggravated Speeding in violation of 625 ILCS 5/11-601.5, if the defendant has a previous conviction or supervision for Aggravated Speeding.

Speeding twenty-six (26) MPH over the speed limit in an urban district as defined by 625 ILCS 5/1-214

​Any traffic violation that is the proximate cause of death of another, and the driver has any prior court supervision or conviction for a traffic violation


REFERENCE STATUTE

AGE-BASED RESTRICTIONS ON COURT SUPERVISION FOR TRAFFIC OFFENSES

If you are under eighteen (18) years old and commit a moving traffic violation, a Graduated License Offense in violation of 625 ILCS 5/6-107, or Failure to Wear a Seatbelt in violation of 625 ILCS 5/12-603.1, you cannot receive court supervision unless a parent appears in court with you

If you are under 21 years old and have committed a serious traffic offense, you cannot receive court supervision unless you complete a traffic safety program and pay all fines and court costs

If you are under 21 years old and have previously committed a serious traffic offense

If you are under 21 years old and have committed a moving violation, a graduated license infraction in violation of 625 ILCS 5/6-107, or failure to wear a seat belt in violation of 625 ILCS 5/12-603.1, then you must complete a traffic safety program in order to be eligible for court supervision




REFERENCE STATUTE

DRIVING WHILE LICENSE SUSPENDED OR REVOKED OFFENSES NOT ELIGIBLE FOR COURT SUPERVISION

​A second or subsequent violation of Driving While License Revoked in violation of 625 ILCS 5/6-303 where the basis for the revocation is a violation of Reckless Homicide in violation of 720 ILCS 5/9-3

Driving While License Suspended/Revoked in violation of 625 ILCS 5/6-303 when the basis for the suspension/revocation is for a DUI offense in violation of 625 ILCS 5/11-501, a summary suspension in violation of 625 ILCS 5/11-501.1, or Failure to Report an Accident Involving Personal Injury or Death in violation of 625 ILCS 5/11-401(b) if within the last 10 years the defendant has received court supervision or a conviction for Driving While License Suspended

A second or subsequent violation of Driving While License Revoked in violation of 625 ILCS 5/6-303 where the basis for the revocation is a violation of Reckless Homicide in violation of 720 ILCS 5/9-3

​Driving While License Suspended in violation of 625 ILCS 5/6-303 when the suspension was based off a Statutory Summary Suspension in violation of 625 ILCS 5/11-501.1, the defendant was a "first offender" pursuant to 625 ILCS 5/11-500, and failed to obtain a monitoring device driving permit

Driving While License Suspended in violation of 625 ILCS 5/6-303 when the suspension was based off a Statutory Summary Suspension in violation of 625 ILCS 5/11-501.1, the defendant was a "first offender" pursuant to 625 ILCS 5/11-500, and obtained a monitoring device driving permit, but failed to have a breath alcohol ignition interlock device (BAIID) installed





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