Full Text of HB1171 95th General Assembly
HB1171ham001 95TH GENERAL ASSEMBLY
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Drivers Education & Safety Committee
Filed: 4/15/2008
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LRB095 08071 WGH 48889 a |
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| AMENDMENT TO HOUSE BILL 1171
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| AMENDMENT NO. ______. Amend House Bill 1171 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Vehicle Code is amended by | 5 |
| changing Section 16-105 as follows:
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| (625 ILCS 5/16-105) (from Ch. 95 1/2, par. 16-105)
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| Sec. 16-105. Disposition of fines and forfeitures.
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| (a) Except as provided in Section 16-104a of this Act and | 9 |
| except for
those amounts required to be paid into the Traffic | 10 |
| and Criminal Conviction
Surcharge Fund in the State Treasury | 11 |
| pursuant to Section 9.1 of the
Illinois Police Training Act and | 12 |
| Section 5-9-1 of the Unified Code of
Corrections and except | 13 |
| those amounts subject to disbursement by the circuit
clerk | 14 |
| under Section 27.5 of the Clerks of Courts Act, fines and | 15 |
| penalties
recovered under the provisions of Chapters 11 through | 16 |
| 16 inclusive of this
Code shall be paid and used as follows:
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| 1. For offenses committed upon a highway within the | 2 |
| limits of a
city, village, or incorporated town or under | 3 |
| the jurisdiction of any
park district, to the treasurer of | 4 |
| the particular city, village,
incorporated town or park | 5 |
| district, if the violator was arrested by the
authorities | 6 |
| of the city, village, incorporated town or park district,
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| provided the police officers and officials of cities, | 8 |
| villages,
incorporated towns and park districts shall | 9 |
| seasonably prosecute for all
fines and penalties under this | 10 |
| Code. If the violation is prosecuted by
the authorities of | 11 |
| the county, any fines or penalties recovered shall be
paid | 12 |
| to the county treasurer. Provided further that if the | 13 |
| violator was
arrested by the State Police, fines and | 14 |
| penalties recovered under the
provisions of paragraph (a) | 15 |
| of Section 15-113 of this Code or paragraph (e)
of Section | 16 |
| 15-316 of this Code shall be paid
over to the Department of | 17 |
| State Police which shall thereupon remit the
amount of the | 18 |
| fines and penalties so received to the State Treasurer who | 19 |
| shall
deposit the amount so remitted in the special fund in | 20 |
| the State treasury
known as the Road Fund except that if | 21 |
| the violation is prosecuted by the
State's Attorney, 10% of | 22 |
| the fine or penalty recovered shall be paid to
the State's | 23 |
| Attorney as a fee of his office and the balance shall be
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| paid over to the Department of State Police for remittance | 25 |
| to and
deposit by the State Treasurer as hereinabove | 26 |
| provided.
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| 2. Except as provided in paragraph 4, for offenses | 2 |
| committed upon any
highway outside the limits of a
city, | 3 |
| village, incorporated town or park district, to the county
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| treasurer of the county where the offense was committed | 5 |
| except if such
offense was committed on a highway | 6 |
| maintained by or under the
supervision of a township, | 7 |
| township district, or a road district to the
Treasurer | 8 |
| thereof for deposit in the road and bridge fund of such
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| township or other district; Provided, that fines and | 10 |
| penalties recovered
under the provisions of paragraph (a) | 11 |
| of Section 15-113, paragraph (d) of
Section 3-401, or | 12 |
| paragraph (e) of Section 15-316 of this Code , except for
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| offenses committed upon a highway maintained by or under | 14 |
| the
supervision of a township, township district, or road | 15 |
| district, shall
be paid over to the Department of State | 16 |
| Police which shall thereupon remit
the amount of the fines | 17 |
| and penalties so received to the State Treasurer
who shall | 18 |
| deposit the amount so remitted in the special fund in the | 19 |
| State
treasury known as the Road Fund except that if the | 20 |
| violation is prosecuted
by the State's Attorney, 10% of the | 21 |
| fine or penalty recovered shall be paid
to the State's | 22 |
| Attorney as a fee of his office and the balance shall be
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| paid over to the Department of State Police for remittance | 24 |
| to and deposit
by the State Treasurer as hereinabove | 25 |
| provided , and fines and penalties recovered
under the | 26 |
| provisions of paragraph (a) of Section 15-113, paragraph |
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| (d) of
Section 3-401, or paragraph (e) of Section 15-316 of | 2 |
| this Code for
offenses committed upon a highway maintained | 3 |
| by or under the
supervision of a township, township | 4 |
| district, or road district shall
be distributed as follows: | 5 |
| 45% of the fine or penalty recovered shall be paid to the | 6 |
| Department of State Police which shall thereupon remit
the | 7 |
| amount of the fines and penalties so received to the State | 8 |
| Treasurer
who shall deposit the amount so remitted into the | 9 |
| Road Fund in the State
treasury, 10% of the fine or penalty | 10 |
| recovered shall be paid
to the State's Attorney as a fee of | 11 |
| his or her office, and 45% of the fine or penalty recovered | 12 |
| shall be paid
to the Treasurer of the township, township | 13 |
| district, or road district for deposit in the road and | 14 |
| bridge fund of the township, township district, or road | 15 |
| district .
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| 3. Notwithstanding subsections 1 and 2 of this | 17 |
| paragraph, for violations
of overweight and overload | 18 |
| limits found in Sections 15-101 through 15-203
of this | 19 |
| Code, which are committed upon the highways belonging to | 20 |
| the Illinois
State Toll Highway Authority, fines and | 21 |
| penalties shall be paid over to
the Illinois State Toll | 22 |
| Highway Authority for deposit with the State Treasurer
into | 23 |
| that special fund known as the Illinois State Toll Highway | 24 |
| Authority
Fund, except that if the violation is prosecuted | 25 |
| by the State's Attorney,
10% of the fine or penalty | 26 |
| recovered shall be paid to the State's Attorney
as a fee of |
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| his office and the balance shall be paid over to the | 2 |
| Illinois
State Toll Highway Authority for remittance to and | 3 |
| deposit by the State
Treasurer as hereinabove provided.
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| 4. With regard to violations of overweight and overload | 5 |
| limits found in
Sections 15-101 through 15-203 of this Code | 6 |
| committed by operators of vehicles
registered as Special | 7 |
| Hauling Vehicles, for offenses committed upon a highway
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| within the limits of a city, village, or incorporated town | 9 |
| or under the
jurisdiction of any park district, all fines | 10 |
| and penalties shall be paid over
or retained as required in | 11 |
| paragraph 1. However, with regard to the above
offenses | 12 |
| committed by operators of vehicles registered as Special | 13 |
| Hauling
Vehicles upon any highway outside the limits of a | 14 |
| city, village, incorporated
town or park district, fines | 15 |
| and penalties shall be paid over or retained by
the entity | 16 |
| having jurisdiction over the road or highway upon which the | 17 |
| offense
occurred, except that if the violation is | 18 |
| prosecuted by the State's Attorney,
10% of the fine or | 19 |
| penalty recovered shall be paid to the State's Attorney as | 20 |
| a
fee of his office.
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| (b) Failure, refusal or neglect on the part of any judicial | 22 |
| or other
officer or employee receiving or having custody of any | 23 |
| such fine or
forfeiture either before or after a deposit with | 24 |
| the proper official as
defined in paragraph (a) of this | 25 |
| Section, shall constitute misconduct in
office and shall be | 26 |
| grounds for removal therefrom.
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| (Source: P.A. 88-403; 88-476; 88-535; 89-117, eff. 7-7-95.)".
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