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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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