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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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