New Illinois Supervision Statute - What Requires a Conviction?
Generally in Illinois for any criminal or traffic offense which is not a felony you can receive a sentence known as supervision. Court supervision is, essentially, a deferment by the court of entry of a judgment of conviction. This is an important sentencing option for most people we talk to because of the issue of a conviction on your record.
For the most part, when you apply for a job the application asks you is a question along the lines of “have you ever been convicted of a crime," which is where supervision helps. If you receive it as a sentence and successfully complete it, you can always answer that question “no."
Additionally, lack of a judgment of a conviction makes it possible to expunge your records with only a few exceptions.
Supervision is allowed under statute 730 ILCS 5/5-6-1. This statute also define the offenses for which supervision is not an available sentence, and thus a conviction is mandatory upon a plea or a finding of guilty to any of the following"
720 ILCS 5/11-9.1 Sexual Exploitation of a Child
720 ILCS 5/12-3.2 Domestic Battery
720 ILCS 5/12-15 Criminal Sexual Abuse
720 ILCS 5/26-5 Dog Fighting
720 ILCS 5/31-1 Resisting a Police Officer
720 ILCS 5/31-6 Escape
720 ILCS 5/31-7 Aiding Escape
720 ILCS 5/21-1(b) Criminal Damage to Property (fire or explosives)
720 ILCS 5/21-1(c) Criminal Damage to Property (fire on land of another)
720 ILCS 5/24-1 UUW, with limited exceptions
Sections 3.01, 3.03, 4.01 of the Animal Cruelty Act
625 ILCS 5/6-303 A second (or later) Driving While License Suspended where the suspension of your license is based upon a prior reckless homicide
625 ILCS 5/11-501 DUI if:
You have a prior conviction or supervision for DUI
Prior reckless driving which is based upon a plea agreement or finding at a stipulated bench trial where the original charge was DUI.
720 ILCS 5/5-16A-3 Retail Theft if you have a prior conviction or supervision in the previous five years. (A second retail theft in a five year period is enhancable to a felony regardless of the dollar value amount of either).
625 ILCS 5/15-111 Gross axle weight violation
625 ILCS 5/15-112 Excessive load or weight
625 ILCS 5/15-301 Missing, incorrect or invalid weight permits
625 ILCS 5/6-104(b) Under 21 and driving outside bounds of DL class or restrictions
625 ILCS 5/11-605 Speeding in school zone
625 ILCS 5/11-1002.5 Failure to Yield in a School Zone Pedestrian Way
625 ILCS 11-1414 Passing a Marked School Bus at Stop
Last five years been convicted of or granted supervision for:
625 ILCS 5/3-707 OUMV
625 ILCS 5/3-708 Operate with insurance.based suspension of registration (if it is your 2nd in 5 yrs)
625 ILCS 5/3-710 Display false insurance card (2nd in 5 yrs)
625 ILCS 5/5-401.3 Failure of scrap hauler to keep records
Under 5-6-1(h) If you are under 21 you may not get supervision for offenses contained in 625 ILCS 5/ 1-187.001 (The “Serious traffic violation" statute) unless it is your first commission of one of these offenses and you agree to go to traffic school. The offenses are:
(1) 11-402 - motor vehicle accident involving damage to a vehicle;
(2) 11-403 - failure to stop and exchange information after a motor vehicle collision, property damage only;
(3) 11-502(a) - illegal transportation, possession, or carrying of alcoholic liquor within the passenger area of any vehicle;
(4) 6-101 operating a motor vehicle without a valid license;
(5) 11-403 failure to stop and exchange information or give aid after a motor vehicle collision involving personal injury or death;
(6) excessive speeding defined as 30 over;
(7) reckless driving;
(8) 11-707(d) - passing in a no-passing zone;
(9) 11-1402(b) - backing on a controlled access highway;
(10) 11-707(b) - driving on the left side in a no-passing zone;
(11) 11-1002(e) - failure to yield the right-of-way to a pedestrian in intersection;
(12) 11-1008 - failure to yield to a pedestrian on a sidewalk;
(13) 11-1201 - failure to stop for an approaching railroad train or signals
625 ILCS 5/3-707 OUMV if prior supervision for OUMV, ever
625 ILCS 5/6-303 DWLS or DWLR if it is DUI or Personal Injury accident based and you have had a prior in the last 10 years
Any traffic violation if you have had court supervision twice in the preceding 12 months – by statute the date of offense is what matters, not the date you go to court or the date you received supervision.
If you are charged with any of these offenses you need to consider the defense of your case very seriously. Some of the traffic violations also fall into the category of offenses which automatically suspend your driver’s license.
Generally speaking, clients of our firm are advised to take these offenses seriously. We look very carefully at the possibility of defending the case, and work hard to put together sufficient mitigation to have the charges amended to something which is eligible for supervision.
If you have any further questions about your sentencing range, or about the defense of your case, please feel free to look into our website for more information at www.brucarandyetter.com