Rep. Dennis M. Reboletti
Filed: 3/12/2013
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1 | AMENDMENT TO HOUSE BILL 1925
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2 | AMENDMENT NO. ______. Amend House Bill 1925, by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The State Finance Act is amended by adding | ||||||
5 | Sections 5.826 and 6z-98 as follows: | ||||||
6 | (30 ILCS 105/5.826 new) | ||||||
7 | Sec. 5.826. The Mental Health Reporting Continuing | ||||||
8 | Education Fund. | ||||||
9 | (30 ILCS 105/6z-98 new) | ||||||
10 | Sec. 6z-98. Mental Health Reporting Continuing Education | ||||||
11 | Fund. | ||||||
12 | (a) There is created in the State treasury a special fund | ||||||
13 | known as the Mental Health Reporting Continuing Education Fund. | ||||||
14 | The Fund shall receive revenue under subsection (c-12) of | ||||||
15 | Section 5-9-1 of the Unified Code of Corrections. The Fund may |
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1 | also receive revenue from grants, donations, appropriations, | ||||||
2 | and any other legal source. | ||||||
3 | (b) The executive director of the Administrative Office of | ||||||
4 | the Illinois Courts shall use moneys in the Fund to reimburse | ||||||
5 | circuit court judges and circuit court clerks for continuing | ||||||
6 | education programs for reporting information to the Department | ||||||
7 | of State Police required under Section 6-103.1 of the Mental | ||||||
8 | Health and Developmental Disabilities Code relating to persons | ||||||
9 | prohibited from possessing a firearm under the Firearm Owners | ||||||
10 | Identification Card Act. | ||||||
11 | (c) Expenditures may be made from the Fund only as | ||||||
12 | appropriated by the General Assembly by law. | ||||||
13 | (d) Investment income that is attributable to the | ||||||
14 | investment of moneys in the Fund shall be retained in the Fund | ||||||
15 | for the uses specified in this Section. | ||||||
16 | (e) The Fund shall not be subject to administrative | ||||||
17 | chargebacks.
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18 | Section 10. The Unified Code of Corrections is amended by | ||||||
19 | changing Section 5-9-1 as follows:
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20 | (730 ILCS 5/5-9-1) (from Ch. 38, par. 1005-9-1)
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21 | Sec. 5-9-1. Authorized fines.
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22 | (a) An offender may be sentenced to pay a
fine as provided | ||||||
23 | in Article 4.5 of Chapter V.
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24 | (b) (Blank.)
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1 | (c) There shall be added to every fine imposed in | ||||||
2 | sentencing for a
criminal or traffic offense, except an offense | ||||||
3 | relating to parking or
registration, or offense by a | ||||||
4 | pedestrian, an additional penalty of $10 for
each $40, or | ||||||
5 | fraction thereof, of fine imposed.
The additional penalty of | ||||||
6 | $10 for each $40, or fraction thereof, of fine
imposed, if not | ||||||
7 | otherwise assessed, shall also be added to every fine
imposed | ||||||
8 | upon a plea of guilty, stipulation of facts or findings of | ||||||
9 | guilty,
resulting in a judgment of conviction, or order of | ||||||
10 | supervision in criminal,
traffic, local ordinance, county | ||||||
11 | ordinance, and conservation cases (except
parking, | ||||||
12 | registration, or pedestrian violations), or upon
a sentence of | ||||||
13 | probation without entry of judgment under Section 10 of the
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14 | Cannabis Control Act, Section 410 of the Illinois Controlled | ||||||
15 | Substances Act, or Section 70 of the Methamphetamine Control | ||||||
16 | and Community Protection Act.
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17 | Such additional amounts shall be assessed by the court | ||||||
18 | imposing
the fine and shall be collected by the Circuit Clerk | ||||||
19 | in addition to the
fine and costs in the case. Each such | ||||||
20 | additional penalty shall be
remitted by the Circuit Clerk | ||||||
21 | within one month after receipt to the State
Treasurer. The | ||||||
22 | State Treasurer shall deposit $1 for each $40, or fraction
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23 | thereof, of fine imposed into the LEADS Maintenance Fund. The | ||||||
24 | State Treasurer shall deposit $1 for each $40, or fraction
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25 | thereof, of fine imposed into the Law Enforcement Camera Grant | ||||||
26 | Fund. The remaining
surcharge amount shall be deposited into |
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1 | the Traffic and Criminal Conviction
Surcharge
Fund, unless the | ||||||
2 | fine, costs or additional amounts are subject to
disbursement | ||||||
3 | by the circuit clerk under Section 27.5 of the Clerks of
Courts | ||||||
4 | Act. Such additional penalty shall not be considered a part of | ||||||
5 | the fine
for purposes of any reduction in the fine for time | ||||||
6 | served either before or
after sentencing.
Not later than March | ||||||
7 | 1 of each year the Circuit Clerk
shall submit a report of the | ||||||
8 | amount of funds remitted to the State
Treasurer under this | ||||||
9 | subsection (c) during the preceding calendar year.
Except as | ||||||
10 | otherwise provided by Supreme Court Rules, if a court in | ||||||
11 | imposing
a fine against an offender levies a gross
amount for | ||||||
12 | fine, costs, fees and penalties, the amount of the additional
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13 | penalty provided for herein shall be computed on the amount | ||||||
14 | remaining after
deducting from the gross amount levied all fees | ||||||
15 | of the Circuit Clerk, the
State's Attorney and the Sheriff. | ||||||
16 | After deducting from the gross amount
levied the fees and | ||||||
17 | additional penalty provided for herein, less any other
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18 | additional penalties provided by law, the clerk shall remit the | ||||||
19 | net balance
remaining to the entity authorized by law to | ||||||
20 | receive the fine imposed in
the case. For purposes of this | ||||||
21 | Section "fees of the Circuit Clerk" shall
include, if | ||||||
22 | applicable, the fee provided for under Section 27.3a of the
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23 | Clerks of Courts Act and the fee, if applicable, payable to the | ||||||
24 | county in
which the violation occurred pursuant to Section | ||||||
25 | 5-1101 of the Counties Code.
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26 | (c-5) In addition to the fines imposed by subsection (c), |
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1 | any person
convicted or receiving an order of supervision for | ||||||
2 | driving under the influence
of alcohol or drugs shall pay an | ||||||
3 | additional $100 fee to the clerk.
This
additional fee, less 2 | ||||||
4 | 1/2% that shall be
used to defray administrative costs incurred | ||||||
5 | by the clerk, shall be remitted by
the clerk to the Treasurer | ||||||
6 | within 60 days after receipt for deposit into the
Trauma Center | ||||||
7 | Fund. This additional fee of $100 shall not be
considered a | ||||||
8 | part of
the
fine for purposes of any reduction in the fine for | ||||||
9 | time served either before or
after sentencing.
Not later than | ||||||
10 | March 1 of each year the Circuit Clerk
shall submit a report of | ||||||
11 | the amount of funds remitted to the State
Treasurer under this | ||||||
12 | subsection (c-5) during the preceding calendar year.
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13 | The Circuit Clerk may accept payment of fines and costs by | ||||||
14 | credit card
from an offender who has been convicted of a | ||||||
15 | traffic offense, petty offense
or misdemeanor and may charge | ||||||
16 | the service fee permitted where fines and
costs are paid by | ||||||
17 | credit card provided for in Section 27.3b of the Clerks
of | ||||||
18 | Courts Act.
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19 | (c-7) In addition to the fines imposed by subsection (c), | ||||||
20 | any person
convicted or receiving an order of supervision for | ||||||
21 | driving under the influence
of alcohol or drugs shall pay an | ||||||
22 | additional $5 fee to the clerk. This
additional fee, less 2 | ||||||
23 | 1/2% that shall be
used to defray administrative costs incurred | ||||||
24 | by the clerk, shall be remitted by
the clerk to the Treasurer | ||||||
25 | within 60 days after receipt for deposit into the
Spinal Cord | ||||||
26 | Injury Paralysis Cure Research Trust Fund. This additional fee |
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1 | of
$5 shall not be
considered a part of
the
fine for purposes | ||||||
2 | of any reduction in the fine for time served either before or
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3 | after sentencing.
Not later than March 1 of each year the | ||||||
4 | Circuit Clerk
shall submit a report of the amount of funds | ||||||
5 | remitted to the State
Treasurer under this subsection (c-7) | ||||||
6 | during the preceding calendar year.
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7 | (c-9) (Blank).
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8 | (c-12) There shall be added to every fine imposed in | ||||||
9 | sentencing for an
Article 12 offense of the Criminal Code of | ||||||
10 | 2012 involving the use of a firearm and an Article 24 offense | ||||||
11 | of the Criminal Code of 2012 an additional penalty of $50. | ||||||
12 | The additional amount shall be assessed by the court | ||||||
13 | imposing
the fine and shall be collected by the Circuit Clerk | ||||||
14 | in addition to the
fine and costs in the case. Each additional | ||||||
15 | penalty shall be
remitted by the Circuit Clerk within one month | ||||||
16 | after receipt to the State
Treasurer. The State Treasurer shall | ||||||
17 | deposit moneys collected under this subsection into the Mental | ||||||
18 | Health Reporting Continuing Education Fund. The additional | ||||||
19 | penalty shall not be considered a part of the fine
for purposes | ||||||
20 | of any reduction in the fine for time served either before or
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21 | after sentencing.
Not later than March 1 of each year the | ||||||
22 | Circuit Clerk
shall submit a report of the amount of funds | ||||||
23 | remitted to the State
Treasurer under this subsection (c-12) | ||||||
24 | during the preceding calendar year. | ||||||
25 | (d) In determining the amount and method of payment of a | ||||||
26 | fine, except
for those fines established for violations of |
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1 | Chapter 15 of the Illinois
Vehicle Code, the court shall | ||||||
2 | consider:
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3 | (1) the financial resources and future ability of the | ||||||
4 | offender to pay
the fine; and
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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
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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.
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12 | (e) The court may order the fine to be paid forthwith or | ||||||
13 | within a
specified period of time or in installments.
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14 | (f) All fines, costs and additional amounts imposed under | ||||||
15 | this Section
for any violation of Chapters 3, 4, 6, and 11 of | ||||||
16 | the Illinois Vehicle Code,
or a similar provision of a local | ||||||
17 | ordinance, and any violation of the Child
Passenger Protection | ||||||
18 | Act, or a similar provision of a local ordinance,
shall be | ||||||
19 | collected and disbursed by the circuit clerk as provided under
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20 | Section 27.5 of the Clerks of Courts Act.
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21 | (Source: P.A. 94-556, eff. 9-11-05; 94-652, eff. 8-22-05; | ||||||
22 | 94-987, eff. 6-30-06; 95-1052, eff. 7-1-09 .)".
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