Rep. Silvana Tabares

Filed: 3/24/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3733

2    AMENDMENT NO. ______. Amend House Bill 3733 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Sections 24-3A and 24-3B as follows:
 
6    (720 ILCS 5/24-3A)
7    Sec. 24-3A. Gunrunning.
8    (a) A person commits gunrunning when he or she transfers 3
9or more firearms in violation of any of the paragraphs of
10Section 24-3 of this Code.
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.
5A person who commits gunrunning by transferring firearms to a
6person who, at the time of the commission of the offense, is
7under 18 years of age is guilty of a Class X felony.
8    (c) In addition to any other penalties, a person convicted
9of gunrunning shall pay a fee of $500 to the clerk which shall
10be forwarded to the State Treasurer. The fee shall be deposited
11into the Traffic and Criminal Conviction Surcharge Fund to be
12used for grants by the Illinois Law Enforcement Training
13Standards Board to units of local government to purchase
14bulletproof vests for local police departments and to hire
15peace officers.
16(Source: P.A. 93-906, eff. 8-11-04.)
 
17    (720 ILCS 5/24-3B)
18    Sec. 24-3B. Firearms trafficking.
19    (a) A person commits firearms trafficking when he or she
20has not been issued a currently valid Firearm Owner's
21Identification 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.
2    (c) In addition to any other penalties, a person convicted
3of firearm trafficking shall pay a fee of $500 to the clerk
4which shall be forwarded to the State Treasurer. The fee shall
5be deposited into the Traffic and Criminal Conviction Surcharge
6Fund to be used for grants by the Illinois Law Enforcement
7Training Standards Board to units of local government to
8purchase bulletproof vests for local police departments and to
9hire peace officers.
10(Source: P.A. 99-885, eff. 8-23-16.)
 
11    Section 10. The Unified Code of Corrections is amended by
12adding Section 5-9-1 as follows:
 
13    (730 ILCS 5/5-9-1)  (from Ch. 38, par. 1005-9-1)
14    Sec. 5-9-1. Authorized fines; fees.
15    (a) An offender may be sentenced to pay a fine as provided
16in Article 4.5 of Chapter V.
17    (b) (Blank.)
18    (c) There shall be added to every fine imposed in
19sentencing for a criminal or traffic offense, except an offense
20relating to parking or registration, or offense by a
21pedestrian, an additional penalty of $15 for each $40, or
22fraction thereof, of fine imposed. The additional penalty of
23$15 for each $40, or fraction thereof, of fine imposed, if not
24otherwise assessed, shall also be added to every fine imposed

 

 

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1upon a plea of guilty, stipulation of facts or findings of
2guilty, resulting in a judgment of conviction, or order of
3supervision in criminal, traffic, local ordinance, county
4ordinance, and conservation cases (except parking,
5registration, or pedestrian violations), or upon a sentence of
6probation without entry of judgment under Section 10 of the
7Cannabis Control Act, Section 410 of the Illinois Controlled
8Substances Act, or Section 70 of the Methamphetamine Control
9and Community Protection Act.
10    Such additional amounts shall be assessed by the court
11imposing the fine and shall be collected by the Circuit Clerk
12in addition to the fine and costs in the case. Each such
13additional penalty shall be remitted by the Circuit Clerk
14within one month after receipt to the State Treasurer. The
15State Treasurer shall deposit $1 for each $40, or fraction
16thereof, of fine imposed into the LEADS Maintenance Fund. The
17State Treasurer shall deposit $3 for each $40, or fraction
18thereof, of fine imposed into the Law Enforcement Camera Grant
19Fund. The remaining surcharge amount shall be deposited into
20the Traffic and Criminal Conviction Surcharge Fund, unless the
21fine, costs or additional amounts are subject to disbursement
22by the circuit clerk under Section 27.5 of the Clerks of Courts
23Act. Such additional penalty shall not be considered a part of
24the fine for purposes of any reduction in the fine for time
25served either before or after sentencing. Not later than March
261 of each year the Circuit Clerk shall submit a report of the

 

 

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1amount of funds remitted to the State Treasurer under this
2subsection (c) during the preceding calendar year. Except as
3otherwise provided by Supreme Court Rules, if a court in
4imposing a fine against an offender levies a gross amount for
5fine, costs, fees and penalties, the amount of the additional
6penalty provided for herein shall be computed on the amount
7remaining after deducting from the gross amount levied all fees
8of the Circuit Clerk, the State's Attorney and the Sheriff.
9After deducting from the gross amount levied the fees and
10additional penalty provided for herein, less any other
11additional penalties provided by law, the clerk shall remit the
12net balance remaining to the entity authorized by law to
13receive the fine imposed in the case. For purposes of this
14Section "fees of the Circuit Clerk" shall include, if
15applicable, the fee provided for under Section 27.3a of the
16Clerks of Courts Act and the fee, if applicable, payable to the
17county in which the violation occurred pursuant to Section
185-1101 of the Counties Code.
19    (c-1) In addition to the fines imposed by subsection (c),
20any person convicted of gunrunning or firearms trafficking
21shall pay a fee of $500 to the clerk. Each fee shall be
22remitted by the clerk within one month after receipt to the
23State Treasurer. The State Treasurer shall deposit the fee into
24the Traffic and Criminal Conviction Surcharge Fund to be used
25by the Illinois Law Enforcement Training Standards Board as
26grants by the Illinois Law Enforcement Training Standards Board

 

 

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1to units of local government to purchase bulletproof vests for
2local police departments and to hire peace officers.
3    (c-5) In addition to the fines imposed by subsection (c),
4any person convicted or receiving an order of supervision for
5driving under the influence of alcohol or drugs shall pay an
6additional $100 fee to the clerk. This additional fee, less 2
71/2% that shall be used to defray administrative costs incurred
8by the clerk, shall be remitted by the clerk to the Treasurer
9within 60 days after receipt for deposit into the Trauma Center
10Fund. This additional fee of $100 shall not be considered a
11part of the fine for purposes of any reduction in the fine for
12time served either before or after sentencing. Not later than
13March 1 of each year the Circuit Clerk shall submit a report of
14the amount of funds remitted to the State Treasurer under this
15subsection (c-5) during the preceding calendar year.
16    The Circuit Clerk may accept payment of fines and costs by
17credit card from an offender who has been convicted of a
18traffic offense, petty offense or misdemeanor and may charge
19the service fee permitted where fines and costs are paid by
20credit card provided for in Section 27.3b of the Clerks of
21Courts Act.
22    (c-7) In addition to the fines imposed by subsection (c),
23any person convicted or receiving an order of supervision for
24driving under the influence of alcohol or drugs shall pay an
25additional $5 fee to the clerk. This additional fee, less 2
261/2% that shall be used to defray administrative costs incurred

 

 

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1by the clerk, shall be remitted by the clerk to the Treasurer
2within 60 days after receipt for deposit into the Spinal Cord
3Injury Paralysis Cure Research Trust Fund. This additional fee
4of $5 shall not be considered a part of the fine for purposes
5of any reduction in the fine for time served either before or
6after sentencing. Not later than March 1 of each year the
7Circuit Clerk shall submit a report of the amount of funds
8remitted to the State Treasurer under this subsection (c-7)
9during the preceding calendar year.
10    (c-9) (Blank).
11    (d) In determining the amount and method of payment of a
12fine, except for those fines established for violations of
13Chapter 15 of the Illinois Vehicle Code, the court shall
14consider:
15        (1) the financial resources and future ability of the
16    offender to pay the fine; and
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
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.
24    (e) The court may order the fine to be paid forthwith or
25within a specified period of time or in installments.
26    (f) All fines, costs and additional amounts imposed under

 

 

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1this Section for any violation of Chapters 3, 4, 6, and 11 of
2the Illinois Vehicle Code, or a similar provision of a local
3ordinance, and any violation of the Child Passenger Protection
4Act, or a similar provision of a local ordinance, shall be
5collected and disbursed by the circuit clerk as provided under
6Section 27.5 of the Clerks of Courts Act.
7(Source: P.A. 99-352, eff. 1-1-16.)".