Rep. Silvana Tabares
Filed: 3/24/2017
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1 | AMENDMENT TO HOUSE BILL 3733
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2 | AMENDMENT NO. ______. Amend House Bill 3733 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Criminal Code of 2012 is amended by | ||||||
5 | changing Sections 24-3A and 24-3B as follows:
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6 | (720 ILCS 5/24-3A)
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7 | Sec. 24-3A. Gunrunning.
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8 | (a) A person commits gunrunning when he or she transfers 3 | ||||||
9 | or
more firearms in violation of any of the paragraphs of | ||||||
10 | Section 24-3 of this
Code.
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11 | (b) Sentence. A person who commits gunrunning: | ||||||
12 | (1) is guilty of a Class 1
felony; | ||||||
13 | (2) is guilty of a Class X felony for which the | ||||||
14 | sentence shall be a term of imprisonment of not less than 8 | ||||||
15 | years and not more than 40 years if the transfer is of not | ||||||
16 | less than 11 firearms and not more than 20 firearms; |
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1 | (3) is guilty of a Class X felony for which the | ||||||
2 | sentence shall be a term of imprisonment of not less than | ||||||
3 | 10 years and not more than 50 years if the transfer is of | ||||||
4 | more than 20 firearms. | ||||||
5 | A person who commits gunrunning by transferring firearms to a | ||||||
6 | person
who, at the time of the commission of the offense, is | ||||||
7 | under 18 years of age is
guilty of a Class X felony.
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8 | (c) In addition to any other penalties, a person convicted | ||||||
9 | of gunrunning shall pay a fee of $500 to the clerk which shall | ||||||
10 | be forwarded to the State Treasurer. The fee shall be deposited | ||||||
11 | into the Traffic and Criminal Conviction Surcharge Fund to be | ||||||
12 | used for grants by the Illinois Law Enforcement Training | ||||||
13 | Standards Board to units of local government to purchase | ||||||
14 | bulletproof vests for local police departments and to hire | ||||||
15 | peace officers. | ||||||
16 | (Source: P.A. 93-906, eff. 8-11-04.)
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17 | (720 ILCS 5/24-3B) | ||||||
18 | Sec. 24-3B. Firearms trafficking. | ||||||
19 | (a) A person commits firearms trafficking when he or she | ||||||
20 | has not been issued a currently valid Firearm Owner's | ||||||
21 | Identification Card and knowingly: | ||||||
22 | (1) brings, or causes to be brought, into this State, a | ||||||
23 | firearm or firearm ammunition for the purpose of sale, | ||||||
24 | delivery, or transfer to any other person or with the | ||||||
25 | intent to sell, deliver, or transfer the firearm or firearm |
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1 | ammunition to any other person; or | ||||||
2 | (2) brings, or causes to be brought, into this State, a | ||||||
3 | firearm and firearm ammunition for the purpose of sale, | ||||||
4 | delivery, or transfer to any other person or with the | ||||||
5 | intent to sell, deliver, or transfer the firearm and | ||||||
6 | firearm ammunition to any other person. | ||||||
7 | (a-5) This Section does not apply to: | ||||||
8 | (1) a person exempt under Section 2 of the Firearm | ||||||
9 | Owners Identification Card Act from the requirement of | ||||||
10 | having possession of a Firearm Owner's Identification Card | ||||||
11 | previously issued in his or her name by the Department of | ||||||
12 | State Police in order to acquire or possess a firearm or | ||||||
13 | firearm ammunition; | ||||||
14 | (2) a common carrier under subsection (i) of Section | ||||||
15 | 24-2 of this Code; or | ||||||
16 | (3) a non-resident who may lawfully possess a firearm | ||||||
17 | in his or her resident state. | ||||||
18 | (b) Sentence. | ||||||
19 | (1) Firearms trafficking is a Class 1 felony for which | ||||||
20 | the person, if sentenced to a term of imprisonment, shall | ||||||
21 | be sentenced to not less than 4 years and not more than 20 | ||||||
22 | years. | ||||||
23 | (2) Firearms trafficking by a person who has been | ||||||
24 | previously convicted of firearms trafficking, gunrunning, | ||||||
25 | or a felony offense for the unlawful sale, delivery, or | ||||||
26 | transfer of a firearm or firearm ammunition in this State |
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1 | or another jurisdiction is a Class X felony.
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2 | (c) In addition to any other penalties, a person convicted | ||||||
3 | of firearm trafficking shall pay a fee of $500 to the clerk | ||||||
4 | which shall be forwarded to the State Treasurer. The fee shall | ||||||
5 | be deposited into the Traffic and Criminal Conviction Surcharge | ||||||
6 | Fund to be used for grants by the Illinois Law Enforcement | ||||||
7 | Training Standards Board to units of local government to | ||||||
8 | purchase bulletproof vests for local police departments and to | ||||||
9 | hire peace officers. | ||||||
10 | (Source: P.A. 99-885, eff. 8-23-16.) | ||||||
11 | Section 10. The Unified Code of Corrections is amended by | ||||||
12 | adding Section 5-9-1 as follows:
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13 | (730 ILCS 5/5-9-1) (from Ch. 38, par. 1005-9-1)
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14 | Sec. 5-9-1. Authorized fines ; fees .
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15 | (a) An offender may be sentenced to pay a
fine as provided | ||||||
16 | in Article 4.5 of Chapter V.
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17 | (b) (Blank.)
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18 | (c) There shall be added to every fine imposed in | ||||||
19 | sentencing for a
criminal or traffic offense, except an offense | ||||||
20 | relating to parking or
registration, or offense by a | ||||||
21 | pedestrian, an additional penalty of $15 for
each $40, or | ||||||
22 | fraction thereof, of fine imposed.
The additional penalty of | ||||||
23 | $15 for each $40, or fraction thereof, of fine
imposed, if not | ||||||
24 | otherwise assessed, shall also be added to every fine
imposed |
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1 | upon a plea of guilty, stipulation of facts or findings of | ||||||
2 | guilty,
resulting in a judgment of conviction, or order of | ||||||
3 | supervision in criminal,
traffic, local ordinance, county | ||||||
4 | ordinance, and conservation cases (except
parking, | ||||||
5 | registration, or pedestrian violations), or upon
a sentence of | ||||||
6 | probation without entry of judgment under Section 10 of the
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7 | Cannabis Control Act, Section 410 of the Illinois Controlled | ||||||
8 | Substances Act, or Section 70 of the Methamphetamine Control | ||||||
9 | and Community Protection Act.
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10 | Such additional amounts shall be assessed by the court | ||||||
11 | imposing
the fine and shall be collected by the Circuit Clerk | ||||||
12 | in addition to the
fine and costs in the case. Each such | ||||||
13 | additional penalty shall be
remitted by the Circuit Clerk | ||||||
14 | within one month after receipt to the State
Treasurer. The | ||||||
15 | State Treasurer shall deposit $1 for each $40, or fraction
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16 | thereof, of fine imposed into the LEADS Maintenance Fund. The | ||||||
17 | State Treasurer shall deposit $3 for each $40, or fraction
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18 | thereof, of fine imposed into the Law Enforcement Camera Grant | ||||||
19 | Fund. The remaining
surcharge amount shall be deposited into | ||||||
20 | the Traffic and Criminal Conviction
Surcharge
Fund, unless the | ||||||
21 | fine, costs or additional amounts are subject to
disbursement | ||||||
22 | by the circuit clerk under Section 27.5 of the Clerks of
Courts | ||||||
23 | Act. Such additional penalty shall not be considered a part of | ||||||
24 | the fine
for purposes of any reduction in the fine for time | ||||||
25 | served either before or
after sentencing.
Not later than March | ||||||
26 | 1 of each year the Circuit Clerk
shall submit a report of the |
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1 | amount of funds remitted to the State
Treasurer under this | ||||||
2 | subsection (c) during the preceding calendar year.
Except as | ||||||
3 | otherwise provided by Supreme Court Rules, if a court in | ||||||
4 | imposing
a fine against an offender levies a gross
amount for | ||||||
5 | fine, costs, fees and penalties, the amount of the additional
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6 | penalty provided for herein shall be computed on the amount | ||||||
7 | remaining after
deducting from the gross amount levied all fees | ||||||
8 | of the Circuit Clerk, the
State's Attorney and the Sheriff. | ||||||
9 | After deducting from the gross amount
levied the fees and | ||||||
10 | additional penalty provided for herein, less any other
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11 | additional penalties provided by law, the clerk shall remit the | ||||||
12 | net balance
remaining to the entity authorized by law to | ||||||
13 | receive the fine imposed in
the case. For purposes of this | ||||||
14 | Section "fees of the Circuit Clerk" shall
include, if | ||||||
15 | applicable, the fee provided for under Section 27.3a of the
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16 | Clerks of Courts Act and the fee, if applicable, payable to the | ||||||
17 | county in
which the violation occurred pursuant to Section | ||||||
18 | 5-1101 of the Counties Code.
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19 | (c-1) In addition to the fines imposed by subsection (c), | ||||||
20 | any person
convicted of gunrunning or firearms trafficking | ||||||
21 | shall pay a fee of $500 to the clerk. Each fee shall be
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22 | remitted by the clerk within one month after receipt to the | ||||||
23 | State
Treasurer. The State Treasurer shall deposit the fee into | ||||||
24 | the Traffic and Criminal Conviction
Surcharge
Fund to be used | ||||||
25 | by the Illinois Law Enforcement Training Standards Board as | ||||||
26 | grants by the Illinois Law Enforcement Training Standards Board |
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1 | to units of local government to purchase bulletproof vests for | ||||||
2 | local police departments and to hire peace officers. | ||||||
3 | (c-5) In addition to the fines imposed by subsection (c), | ||||||
4 | any person
convicted or receiving an order of supervision for | ||||||
5 | driving under the influence
of alcohol or drugs shall pay an | ||||||
6 | additional $100 fee to the clerk.
This
additional fee, less 2 | ||||||
7 | 1/2% that shall be
used to defray administrative costs incurred | ||||||
8 | by the clerk, shall be remitted by
the clerk to the Treasurer | ||||||
9 | within 60 days after receipt for deposit into the
Trauma Center | ||||||
10 | Fund. This additional fee of $100 shall not be
considered a | ||||||
11 | part of
the
fine for purposes of any reduction in the fine for | ||||||
12 | time served either before or
after sentencing.
Not later than | ||||||
13 | March 1 of each year the Circuit Clerk
shall submit a report of | ||||||
14 | the amount of funds remitted to the State
Treasurer under this | ||||||
15 | subsection (c-5) during the preceding calendar year.
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16 | The Circuit Clerk may accept payment of fines and costs by | ||||||
17 | credit card
from an offender who has been convicted of a | ||||||
18 | traffic offense, petty offense
or misdemeanor and may charge | ||||||
19 | the service fee permitted where fines and
costs are paid by | ||||||
20 | credit card provided for in Section 27.3b of the Clerks
of | ||||||
21 | Courts Act.
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22 | (c-7) In addition to the fines imposed by subsection (c), | ||||||
23 | any person
convicted or receiving an order of supervision for | ||||||
24 | driving under the influence
of alcohol or drugs shall pay an | ||||||
25 | additional $5 fee to the clerk. This
additional fee, less 2 | ||||||
26 | 1/2% that shall be
used to defray administrative costs incurred |
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1 | by the clerk, shall be remitted by
the clerk to the Treasurer | ||||||
2 | within 60 days after receipt for deposit into the
Spinal Cord | ||||||
3 | Injury Paralysis Cure Research Trust Fund. This additional fee | ||||||
4 | of
$5 shall not be
considered a part of
the
fine for purposes | ||||||
5 | of any reduction in the fine for time served either before or
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6 | after sentencing.
Not later than March 1 of each year the | ||||||
7 | Circuit Clerk
shall submit a report of the amount of funds | ||||||
8 | remitted to the State
Treasurer under this subsection (c-7) | ||||||
9 | during the preceding calendar year.
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10 | (c-9) (Blank).
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11 | (d) In determining the amount and method of payment of a | ||||||
12 | fine, except
for those fines established for violations of | ||||||
13 | Chapter 15 of the Illinois
Vehicle Code, the court shall | ||||||
14 | consider:
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15 | (1) the financial resources and future ability of the | ||||||
16 | offender to pay
the fine; and
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17 | (2) whether the fine will prevent the offender from | ||||||
18 | making court ordered
restitution or reparation to the | ||||||
19 | victim of the offense; and
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20 | (3) in a case where the accused is a dissolved | ||||||
21 | corporation and the
court has appointed counsel to | ||||||
22 | represent the corporation, the costs
incurred either by the | ||||||
23 | county or the State for such representation.
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24 | (e) The court may order the fine to be paid forthwith or | ||||||
25 | within a
specified period of time or in installments.
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26 | (f) All fines, costs and additional amounts imposed under |
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1 | this Section
for any violation of Chapters 3, 4, 6, and 11 of | ||||||
2 | the Illinois Vehicle Code,
or a similar provision of a local | ||||||
3 | ordinance, and any violation of the Child
Passenger Protection | ||||||
4 | Act, or a similar provision of a local ordinance,
shall be | ||||||
5 | collected and disbursed by the circuit clerk as provided under
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6 | Section 27.5 of the Clerks of Courts Act.
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7 | (Source: P.A. 99-352, eff. 1-1-16 .)".
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