Rep. Dennis M. Reboletti

Filed: 3/12/2013

 

 


 

 


 
09800HB1925ham001LRB098 07512 MRW 42644 a

1
AMENDMENT TO HOUSE BILL 1925

2    AMENDMENT NO. ______. Amend House Bill 1925, by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The State Finance Act is amended by adding
5Sections 5.826 and 6z-98 as follows:
 
6    (30 ILCS 105/5.826 new)
7    Sec. 5.826. The Mental Health Reporting Continuing
8Education Fund.
 
9    (30 ILCS 105/6z-98 new)
10    Sec. 6z-98. Mental Health Reporting Continuing Education
11Fund.
12    (a) There is created in the State treasury a special fund
13known as the Mental Health Reporting Continuing Education Fund.
14The Fund shall receive revenue under subsection (c-12) of
15Section 5-9-1 of the Unified Code of Corrections. The Fund may

 

 

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1also receive revenue from grants, donations, appropriations,
2and any other legal source.
3    (b) The executive director of the Administrative Office of
4the Illinois Courts shall use moneys in the Fund to reimburse
5circuit court judges and circuit court clerks for continuing
6education programs for reporting information to the Department
7of State Police required under Section 6-103.1 of the Mental
8Health and Developmental Disabilities Code relating to persons
9prohibited from possessing a firearm under the Firearm Owners
10Identification Card Act.
11    (c) Expenditures may be made from the Fund only as
12appropriated by the General Assembly by law.
13    (d) Investment income that is attributable to the
14investment of moneys in the Fund shall be retained in the Fund
15for the uses specified in this Section.
16    (e) The Fund shall not be subject to administrative
17chargebacks.
 
18    Section 10. The Unified Code of Corrections is amended by
19changing Section 5-9-1 as follows:
 
20    (730 ILCS 5/5-9-1)  (from Ch. 38, par. 1005-9-1)
21    Sec. 5-9-1. Authorized fines.
22    (a) An offender may be sentenced to pay a fine as provided
23in Article 4.5 of Chapter V.
24    (b) (Blank.)

 

 

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1    (c) There shall be added to every fine imposed in
2sentencing for a criminal or traffic offense, except an offense
3relating to parking or registration, or offense by a
4pedestrian, an additional penalty of $10 for each $40, or
5fraction thereof, of fine imposed. The additional penalty of
6$10 for each $40, or fraction thereof, of fine imposed, if not
7otherwise assessed, shall also be added to every fine imposed
8upon a plea of guilty, stipulation of facts or findings of
9guilty, resulting in a judgment of conviction, or order of
10supervision in criminal, traffic, local ordinance, county
11ordinance, and conservation cases (except parking,
12registration, or pedestrian violations), or upon a sentence of
13probation without entry of judgment under Section 10 of the
14Cannabis Control Act, Section 410 of the Illinois Controlled
15Substances Act, or Section 70 of the Methamphetamine Control
16and Community Protection Act.
17    Such additional amounts shall be assessed by the court
18imposing the fine and shall be collected by the Circuit Clerk
19in addition to the fine and costs in the case. Each such
20additional penalty shall be remitted by the Circuit Clerk
21within one month after receipt to the State Treasurer. The
22State Treasurer shall deposit $1 for each $40, or fraction
23thereof, of fine imposed into the LEADS Maintenance Fund. The
24State Treasurer shall deposit $1 for each $40, or fraction
25thereof, of fine imposed into the Law Enforcement Camera Grant
26Fund. The remaining surcharge amount shall be deposited into

 

 

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1the Traffic and Criminal Conviction Surcharge Fund, unless the
2fine, costs or additional amounts are subject to disbursement
3by the circuit clerk under Section 27.5 of the Clerks of Courts
4Act. Such additional penalty shall not be considered a part of
5the fine for purposes of any reduction in the fine for time
6served either before or after sentencing. Not later than March
71 of each year the Circuit Clerk shall submit a report of the
8amount of funds remitted to the State Treasurer under this
9subsection (c) during the preceding calendar year. Except as
10otherwise provided by Supreme Court Rules, if a court in
11imposing a fine against an offender levies a gross amount for
12fine, costs, fees and penalties, the amount of the additional
13penalty provided for herein shall be computed on the amount
14remaining after deducting from the gross amount levied all fees
15of the Circuit Clerk, the State's Attorney and the Sheriff.
16After deducting from the gross amount levied the fees and
17additional penalty provided for herein, less any other
18additional penalties provided by law, the clerk shall remit the
19net balance remaining to the entity authorized by law to
20receive the fine imposed in the case. For purposes of this
21Section "fees of the Circuit Clerk" shall include, if
22applicable, the fee provided for under Section 27.3a of the
23Clerks of Courts Act and the fee, if applicable, payable to the
24county in which the violation occurred pursuant to Section
255-1101 of the Counties Code.
26    (c-5) In addition to the fines imposed by subsection (c),

 

 

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1any person convicted or receiving an order of supervision for
2driving under the influence of alcohol or drugs shall pay an
3additional $100 fee to the clerk. This additional fee, less 2
41/2% that shall be used to defray administrative costs incurred
5by the clerk, shall be remitted by the clerk to the Treasurer
6within 60 days after receipt for deposit into the Trauma Center
7Fund. This additional fee of $100 shall not be considered a
8part of the fine for purposes of any reduction in the fine for
9time served either before or after sentencing. Not later than
10March 1 of each year the Circuit Clerk shall submit a report of
11the amount of funds remitted to the State Treasurer under this
12subsection (c-5) during the preceding calendar year.
13    The Circuit Clerk may accept payment of fines and costs by
14credit card from an offender who has been convicted of a
15traffic offense, petty offense or misdemeanor and may charge
16the service fee permitted where fines and costs are paid by
17credit card provided for in Section 27.3b of the Clerks of
18Courts Act.
19    (c-7) In addition to the fines imposed by subsection (c),
20any person convicted or receiving an order of supervision for
21driving under the influence of alcohol or drugs shall pay an
22additional $5 fee to the clerk. This additional fee, less 2
231/2% that shall be used to defray administrative costs incurred
24by the clerk, shall be remitted by the clerk to the Treasurer
25within 60 days after receipt for deposit into the Spinal Cord
26Injury Paralysis Cure Research Trust Fund. This additional fee

 

 

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1of $5 shall not be considered a part of the fine for purposes
2of any reduction in the fine for time served either before or
3after sentencing. Not later than March 1 of each year the
4Circuit Clerk shall submit a report of the amount of funds
5remitted to the State Treasurer under this subsection (c-7)
6during the preceding calendar year.
7    (c-9) (Blank).
8    (c-12) There shall be added to every fine imposed in
9sentencing for an Article 12 offense of the Criminal Code of
102012 involving the use of a firearm and an Article 24 offense
11of the Criminal Code of 2012 an additional penalty of $50.
12    The additional amount shall be assessed by the court
13imposing the fine and shall be collected by the Circuit Clerk
14in addition to the fine and costs in the case. Each additional
15penalty shall be remitted by the Circuit Clerk within one month
16after receipt to the State Treasurer. The State Treasurer shall
17deposit moneys collected under this subsection into the Mental
18Health Reporting Continuing Education Fund. The additional
19penalty shall not be considered a part of the fine for purposes
20of any reduction in the fine for time served either before or
21after sentencing. Not later than March 1 of each year the
22Circuit Clerk shall submit a report of the amount of funds
23remitted to the State Treasurer under this subsection (c-12)
24during the preceding calendar year.
25    (d) In determining the amount and method of payment of a
26fine, except for those fines established for violations of

 

 

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1Chapter 15 of the Illinois Vehicle Code, the court shall
2consider:
3        (1) the financial resources and future ability of the
4    offender to pay the fine; and
5        (2) whether the fine will prevent the offender from
6    making court ordered restitution or reparation to the
7    victim of the offense; and
8        (3) in a case where the accused is a dissolved
9    corporation and the court has appointed counsel to
10    represent the corporation, the costs incurred either by the
11    county or the State for such representation.
12    (e) The court may order the fine to be paid forthwith or
13within a specified period of time or in installments.
14    (f) All fines, costs and additional amounts imposed under
15this Section for any violation of Chapters 3, 4, 6, and 11 of
16the Illinois Vehicle Code, or a similar provision of a local
17ordinance, and any violation of the Child Passenger Protection
18Act, or a similar provision of a local ordinance, shall be
19collected and disbursed by the circuit clerk as provided under
20Section 27.5 of the Clerks of Courts Act.
21(Source: P.A. 94-556, eff. 9-11-05; 94-652, eff. 8-22-05;
2294-987, eff. 6-30-06; 95-1052, eff. 7-1-09.)".