Illinois General Assembly - Full Text of HB4462
Illinois General Assembly

Previous General Assemblies

Full Text of HB4462  98th General Assembly

HB4462sam001 98TH GENERAL ASSEMBLY

Sen. Martin A. Sandoval

Filed: 4/30/2014

 

 


 

 


 
09800HB4462sam001LRB098 18861 MLW 57859 a

1
AMENDMENT TO HOUSE BILL 4462

2    AMENDMENT NO. ______. Amend House Bill 4462 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Section 16-104d as follows:
 
6    (625 ILCS 5/16-104d)
7    Sec. 16-104d. Additional fee; serious traffic violation.
8Any person who is convicted of, pleads guilty to, or is placed
9on supervision for a serious traffic violation, as defined in
10Section 1-187.001 of this Code, a violation of Section 11-501
11of this Code, or a violation of a similar provision of a local
12ordinance shall pay an additional fee of $35. Of that fee, $15
13shall be deposited into the Fire Prevention Fund in the State
14treasury, $15 shall be deposited into the Fire Truck Revolving
15Loan Fund in the State treasury, and $5 shall be deposited into
16the Circuit Court Clerk Operation and Administrative Fund

 

 

09800HB4462sam001- 2 -LRB098 18861 MLW 57859 a

1created by the Clerk of the Circuit Court.
2    This Section becomes inoperative on January 1, 2020 7 years
3after the effective date of this amendatory Act of the 95th
4General Assembly.
5(Source: P.A. 95-154, eff. 10-13-07; 96-286, eff. 8-11-09;
696-1175, eff. 9-20-10.)
 
7    Section 10. The Clerks of Courts Act is amended by changing
8Sections 27.5 and 27.6 as follows:
 
9    (705 ILCS 105/27.5)  (from Ch. 25, par. 27.5)
10    Sec. 27.5. (a) All fees, fines, costs, additional
11penalties, bail balances assessed or forfeited, and any other
12amount paid by a person to the circuit clerk that equals an
13amount less than $55, except restitution under Section 5-5-6 of
14the Unified Code of Corrections, reimbursement for the costs of
15an emergency response as provided under Section 11-501 of the
16Illinois Vehicle Code, any fees collected for attending a
17traffic safety program under paragraph (c) of Supreme Court
18Rule 529, any fee collected on behalf of a State's Attorney
19under Section 4-2002 of the Counties Code or a sheriff under
20Section 4-5001 of the Counties Code, or any cost imposed under
21Section 124A-5 of the Code of Criminal Procedure of 1963, for
22convictions, orders of supervision, or any other disposition
23for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois
24Vehicle Code, or a similar provision of a local ordinance, and

 

 

09800HB4462sam001- 3 -LRB098 18861 MLW 57859 a

1any violation of the Child Passenger Protection Act, or a
2similar provision of a local ordinance, and except as otherwise
3provided in this Section, shall be disbursed within 60 days
4after receipt by the circuit clerk as follows: 47% shall be
5disbursed to the entity authorized by law to receive the fine
6imposed in the case; 12% shall be disbursed to the State
7Treasurer; and 41% shall be disbursed to the county's general
8corporate fund. Of the 12% disbursed to the State Treasurer,
91/6 shall be deposited by the State Treasurer into the Violent
10Crime Victims Assistance Fund, 1/2 shall be deposited into the
11Traffic and Criminal Conviction Surcharge Fund, and 1/3 shall
12be deposited into the Drivers Education Fund. For fiscal years
131992 and 1993, amounts deposited into the Violent Crime Victims
14Assistance Fund, the Traffic and Criminal Conviction Surcharge
15Fund, or the Drivers Education Fund shall not exceed 110% of
16the amounts deposited into those funds in fiscal year 1991. Any
17amount that exceeds the 110% limit shall be distributed as
18follows: 50% shall be disbursed to the county's general
19corporate fund and 50% shall be disbursed to the entity
20authorized by law to receive the fine imposed in the case. Not
21later than March 1 of each year the circuit clerk shall submit
22a report of the amount of funds remitted to the State Treasurer
23under this Section during the preceding year based upon
24independent verification of fines and fees. All counties shall
25be subject to this Section, except that counties with a
26population under 2,000,000 may, by ordinance, elect not to be

 

 

09800HB4462sam001- 4 -LRB098 18861 MLW 57859 a

1subject to this Section. For offenses subject to this Section,
2judges shall impose one total sum of money payable for
3violations. The circuit clerk may add on no additional amounts
4except for amounts that are required by Sections 27.3a and
527.3c of this Act, Section 16-104c of the Illinois Vehicle
6Code, and subsection (a) of Section 5-1101 of the Counties
7Code, unless those amounts are specifically waived by the
8judge. With respect to money collected by the circuit clerk as
9a result of forfeiture of bail, ex parte judgment or guilty
10plea pursuant to Supreme Court Rule 529, the circuit clerk
11shall first deduct and pay amounts required by Sections 27.3a
12and 27.3c of this Act. Unless a court ordered payment schedule
13is implemented or fee requirements are waived pursuant to a
14court order, the circuit clerk may add to any unpaid fees and
15costs a delinquency amount equal to 5% of the unpaid fees that
16remain unpaid after 30 days, 10% of the unpaid fees that remain
17unpaid after 60 days, and 15% of the unpaid fees that remain
18unpaid after 90 days. Notice to those parties may be made by
19signage posting or publication. The additional delinquency
20amounts collected under this Section shall be deposited in the
21Circuit Court Clerk Operation and Administrative Fund to be
22used to defray administrative costs incurred by the circuit
23clerk in performing the duties required to collect and disburse
24funds. This Section is a denial and limitation of home rule
25powers and functions under subsection (h) of Section 6 of
26Article VII of the Illinois Constitution.

 

 

09800HB4462sam001- 5 -LRB098 18861 MLW 57859 a

1    (b) The following amounts must be remitted to the State
2Treasurer for deposit into the Illinois Animal Abuse Fund:
3        (1) 50% of the amounts collected for felony offenses
4    under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
5    5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
6    Animals Act and Section 26-5 or 48-1 of the Criminal Code
7    of 1961 or the Criminal Code of 2012;
8        (2) 20% of the amounts collected for Class A and Class
9    B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
10    5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
11    for Animals Act and Section 26-5 or 48-1 of the Criminal
12    Code of 1961 or the Criminal Code of 2012; and
13        (3) 50% of the amounts collected for Class C
14    misdemeanors under Sections 4.01 and 7.1 of the Humane Care
15    for Animals Act and Section 26-5 or 48-1 of the Criminal
16    Code of 1961 or the Criminal Code of 2012.
17    (c) Any person who receives a disposition of court
18supervision for a violation of the Illinois Vehicle Code or a
19similar provision of a local ordinance shall, in addition to
20any other fines, fees, and court costs, pay an additional fee
21of $29, to be disbursed as provided in Section 16-104c of the
22Illinois Vehicle Code. In addition to the fee of $29, the
23person shall also pay a fee of $6, if not waived by the court.
24If this $6 fee is collected, $5.50 of the fee shall be
25deposited into the Circuit Court Clerk Operation and
26Administrative Fund created by the Clerk of the Circuit Court

 

 

09800HB4462sam001- 6 -LRB098 18861 MLW 57859 a

1and 50 cents of the fee shall be deposited into the Prisoner
2Review Board Vehicle and Equipment Fund in the State treasury.
3    (d) Any person convicted of, pleading guilty to, or placed
4on supervision for a serious traffic violation, as defined in
5Section 1-187.001 of the Illinois Vehicle Code, a violation of
6Section 11-501 of the Illinois Vehicle Code, or a violation of
7a similar provision of a local ordinance shall pay an
8additional fee of $35, to be disbursed as provided in Section
916-104d of that Code.
10    This subsection (d) becomes inoperative on January 1, 2020
117 years after the effective date of Public Act 95-154.
12    (e) In all counties having a population of 3,000,000 or
13more inhabitants:
14        (1) A person who is found guilty of or pleads guilty to
15    violating subsection (a) of Section 11-501 of the Illinois
16    Vehicle Code, including any person placed on court
17    supervision for violating subsection (a), shall be fined
18    $750 as provided for by subsection (f) of Section 11-501.01
19    of the Illinois Vehicle Code, payable to the circuit clerk,
20    who shall distribute the money pursuant to subsection (f)
21    of Section 11-501.01 of the Illinois Vehicle Code.
22        (2) When a crime laboratory DUI analysis fee of $150,
23    provided for by Section 5-9-1.9 of the Unified Code of
24    Corrections is assessed, it shall be disbursed by the
25    circuit clerk as provided by subsection (f) of Section
26    5-9-1.9 of the Unified Code of Corrections.

 

 

09800HB4462sam001- 7 -LRB098 18861 MLW 57859 a

1        (3) When a fine for a violation of subsection (a) of
2    Section 11-605 of the Illinois Vehicle Code is $150 or
3    greater, the additional $50 which is charged as provided
4    for by subsection (f) of Section 11-605 of the Illinois
5    Vehicle Code shall be disbursed by the circuit clerk to a
6    school district or districts for school safety purposes as
7    provided by subsection (f) of Section 11-605.
8        (4) When a fine for a violation of subsection (a) of
9    Section 11-1002.5 of the Illinois Vehicle Code is $150 or
10    greater, the additional $50 which is charged as provided
11    for by subsection (c) of Section 11-1002.5 of the Illinois
12    Vehicle Code shall be disbursed by the circuit clerk to a
13    school district or districts for school safety purposes as
14    provided by subsection (c) of Section 11-1002.5 of the
15    Illinois Vehicle Code.
16        (5) When a mandatory drug court fee of up to $5 is
17    assessed as provided in subsection (f) of Section 5-1101 of
18    the Counties Code, it shall be disbursed by the circuit
19    clerk as provided in subsection (f) of Section 5-1101 of
20    the Counties Code.
21        (6) When a mandatory teen court, peer jury, youth
22    court, or other youth diversion program fee is assessed as
23    provided in subsection (e) of Section 5-1101 of the
24    Counties Code, it shall be disbursed by the circuit clerk
25    as provided in subsection (e) of Section 5-1101 of the
26    Counties Code.

 

 

09800HB4462sam001- 8 -LRB098 18861 MLW 57859 a

1        (7) When a Children's Advocacy Center fee is assessed
2    pursuant to subsection (f-5) of Section 5-1101 of the
3    Counties Code, it shall be disbursed by the circuit clerk
4    as provided in subsection (f-5) of Section 5-1101 of the
5    Counties Code.
6        (8) When a victim impact panel fee is assessed pursuant
7    to subsection (b) of Section 11-501.01 of the Illinois
8    Vehicle Code, it shall be disbursed by the circuit clerk to
9    the victim impact panel to be attended by the defendant.
10        (9) When a new fee collected in traffic cases is
11    enacted after January 1, 2010 (the effective date of Public
12    Act 96-735), it shall be excluded from the percentage
13    disbursement provisions of this Section unless otherwise
14    indicated by law.
15    (f) Any person who receives a disposition of court
16supervision for a violation of Section 11-501 of the Illinois
17Vehicle Code shall, in addition to any other fines, fees, and
18court costs, pay an additional fee of $50, which shall be
19collected by the circuit clerk and then remitted to the State
20Treasurer for deposit into the Roadside Memorial Fund, a
21special fund in the State treasury. However, the court may
22waive the fee if full restitution is complied with. Subject to
23appropriation, all moneys in the Roadside Memorial Fund shall
24be used by the Department of Transportation to pay fees imposed
25under subsection (f) of Section 20 of the Roadside Memorial
26Act. The fee shall be remitted by the circuit clerk within one

 

 

09800HB4462sam001- 9 -LRB098 18861 MLW 57859 a

1month after receipt to the State Treasurer for deposit into the
2Roadside Memorial Fund.
3    (g) For any conviction or disposition of court supervision
4for a violation of Section 11-1429 of the Illinois Vehicle
5Code, the circuit clerk shall distribute the fines paid by the
6person as specified by subsection (h) of Section 11-1429 of the
7Illinois Vehicle Code.
8(Source: P.A. 96-286, eff. 8-11-09; 96-576, eff. 8-18-09;
996-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-735, eff. 1-1-10;
1096-1000, eff. 7-2-10; 96-1175, eff. 9-20-10; 96-1342, eff.
111-1-11; 97-333, eff. 8-12-11; 97-1108, eff. 1-1-13; 97-1150,
12eff. 1-25-13.)
 
13    (705 ILCS 105/27.6)
14    (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625,
1596-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, and
1697-1150)
17    Sec. 27.6. (a) All fees, fines, costs, additional
18penalties, bail balances assessed or forfeited, and any other
19amount paid by a person to the circuit clerk equalling an
20amount of $55 or more, except the fine imposed by Section
215-9-1.15 of the Unified Code of Corrections, the additional fee
22required by subsections (b) and (c), restitution under Section
235-5-6 of the Unified Code of Corrections, contributions to a
24local anti-crime program ordered pursuant to Section
255-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of

 

 

09800HB4462sam001- 10 -LRB098 18861 MLW 57859 a

1Corrections, reimbursement for the costs of an emergency
2response as provided under Section 11-501 of the Illinois
3Vehicle Code, any fees collected for attending a traffic safety
4program under paragraph (c) of Supreme Court Rule 529, any fee
5collected on behalf of a State's Attorney under Section 4-2002
6of the Counties Code or a sheriff under Section 4-5001 of the
7Counties Code, or any cost imposed under Section 124A-5 of the
8Code of Criminal Procedure of 1963, for convictions, orders of
9supervision, or any other disposition for a violation of
10Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
11similar provision of a local ordinance, and any violation of
12the Child Passenger Protection Act, or a similar provision of a
13local ordinance, and except as otherwise provided in this
14Section shall be disbursed within 60 days after receipt by the
15circuit clerk as follows: 44.5% shall be disbursed to the
16entity authorized by law to receive the fine imposed in the
17case; 16.825% shall be disbursed to the State Treasurer; and
1838.675% shall be disbursed to the county's general corporate
19fund. Of the 16.825% disbursed to the State Treasurer, 2/17
20shall be deposited by the State Treasurer into the Violent
21Crime Victims Assistance Fund, 5.052/17 shall be deposited into
22the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
23be deposited into the Drivers Education Fund, and 6.948/17
24shall be deposited into the Trauma Center Fund. Of the 6.948/17
25deposited into the Trauma Center Fund from the 16.825%
26disbursed to the State Treasurer, 50% shall be disbursed to the

 

 

09800HB4462sam001- 11 -LRB098 18861 MLW 57859 a

1Department of Public Health and 50% shall be disbursed to the
2Department of Healthcare and Family Services. For fiscal year
31993, amounts deposited into the Violent Crime Victims
4Assistance Fund, the Traffic and Criminal Conviction Surcharge
5Fund, or the Drivers Education Fund shall not exceed 110% of
6the amounts deposited into those funds in fiscal year 1991. Any
7amount that exceeds the 110% limit shall be distributed as
8follows: 50% shall be disbursed to the county's general
9corporate fund and 50% shall be disbursed to the entity
10authorized by law to receive the fine imposed in the case. Not
11later than March 1 of each year the circuit clerk shall submit
12a report of the amount of funds remitted to the State Treasurer
13under this Section during the preceding year based upon
14independent verification of fines and fees. All counties shall
15be subject to this Section, except that counties with a
16population under 2,000,000 may, by ordinance, elect not to be
17subject to this Section. For offenses subject to this Section,
18judges shall impose one total sum of money payable for
19violations. The circuit clerk may add on no additional amounts
20except for amounts that are required by Sections 27.3a and
2127.3c of this Act, unless those amounts are specifically waived
22by the judge. With respect to money collected by the circuit
23clerk as a result of forfeiture of bail, ex parte judgment or
24guilty plea pursuant to Supreme Court Rule 529, the circuit
25clerk shall first deduct and pay amounts required by Sections
2627.3a and 27.3c of this Act. This Section is a denial and

 

 

09800HB4462sam001- 12 -LRB098 18861 MLW 57859 a

1limitation of home rule powers and functions under subsection
2(h) of Section 6 of Article VII of the Illinois Constitution.
3    (b) In addition to any other fines and court costs assessed
4by the courts, any person convicted or receiving an order of
5supervision for driving under the influence of alcohol or drugs
6shall pay an additional fee of $100 to the clerk of the circuit
7court. This amount, less 2 1/2% that shall be used to defray
8administrative costs incurred by the clerk, shall be remitted
9by the clerk to the Treasurer within 60 days after receipt for
10deposit into the Trauma Center Fund. This additional fee of
11$100 shall not be considered a part of the fine for purposes of
12any reduction in the fine for time served either before or
13after sentencing. Not later than March 1 of each year the
14Circuit Clerk shall submit a report of the amount of funds
15remitted to the State Treasurer under this subsection during
16the preceding calendar year.
17    (b-1) In addition to any other fines and court costs
18assessed by the courts, any person convicted or receiving an
19order of supervision for driving under the influence of alcohol
20or drugs shall pay an additional fee of $5 to the clerk of the
21circuit court. This amount, less 2 1/2% that shall be used to
22defray administrative costs incurred by the clerk, shall be
23remitted by the clerk to the Treasurer within 60 days after
24receipt for deposit into the Spinal Cord Injury Paralysis Cure
25Research Trust Fund. This additional fee of $5 shall not be
26considered a part of the fine for purposes of any reduction in

 

 

09800HB4462sam001- 13 -LRB098 18861 MLW 57859 a

1the fine for time served either before or after sentencing. Not
2later than March 1 of each year the Circuit Clerk shall submit
3a report of the amount of funds remitted to the State Treasurer
4under this subsection during the preceding calendar year.
5    (c) In addition to any other fines and court costs assessed
6by the courts, any person convicted for a violation of Sections
724-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or the
8Criminal Code of 2012 or a person sentenced for a violation of
9the Cannabis Control Act, the Illinois Controlled Substances
10Act, or the Methamphetamine Control and Community Protection
11Act shall pay an additional fee of $100 to the clerk of the
12circuit court. This amount, less 2 1/2% that shall be used to
13defray administrative costs incurred by the clerk, shall be
14remitted by the clerk to the Treasurer within 60 days after
15receipt for deposit into the Trauma Center Fund. This
16additional fee of $100 shall not be considered a part of the
17fine for purposes of any reduction in the fine for time served
18either before or after sentencing. Not later than March 1 of
19each year the Circuit Clerk shall submit a report of the amount
20of funds remitted to the State Treasurer under this subsection
21during the preceding calendar year.
22    (c-1) In addition to any other fines and court costs
23assessed by the courts, any person sentenced for a violation of
24the Cannabis Control Act, the Illinois Controlled Substances
25Act, or the Methamphetamine Control and Community Protection
26Act shall pay an additional fee of $5 to the clerk of the

 

 

09800HB4462sam001- 14 -LRB098 18861 MLW 57859 a

1circuit court. This amount, less 2 1/2% that shall be used to
2defray administrative costs incurred by the clerk, shall be
3remitted by the clerk to the Treasurer within 60 days after
4receipt for deposit into the Spinal Cord Injury Paralysis Cure
5Research Trust Fund. This additional fee of $5 shall not be
6considered a part of the fine for purposes of any reduction in
7the fine for time served either before or after sentencing. Not
8later than March 1 of each year the Circuit Clerk shall submit
9a report of the amount of funds remitted to the State Treasurer
10under this subsection during the preceding calendar year.
11    (d) The following amounts must be remitted to the State
12Treasurer for deposit into the Illinois Animal Abuse Fund:
13        (1) 50% of the amounts collected for felony offenses
14    under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
15    5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
16    Animals Act and Section 26-5 or 48-1 of the Criminal Code
17    of 1961 or the Criminal Code of 2012;
18        (2) 20% of the amounts collected for Class A and Class
19    B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
20    5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
21    for Animals Act and Section 26-5 or 48-1 of the Criminal
22    Code of 1961 or the Criminal Code of 2012; and
23        (3) 50% of the amounts collected for Class C
24    misdemeanors under Sections 4.01 and 7.1 of the Humane Care
25    for Animals Act and Section 26-5 or 48-1 of the Criminal
26    Code of 1961 or the Criminal Code of 2012.

 

 

09800HB4462sam001- 15 -LRB098 18861 MLW 57859 a

1    (e) Any person who receives a disposition of court
2supervision for a violation of the Illinois Vehicle Code or a
3similar provision of a local ordinance shall, in addition to
4any other fines, fees, and court costs, pay an additional fee
5of $29, to be disbursed as provided in Section 16-104c of the
6Illinois Vehicle Code. In addition to the fee of $29, the
7person shall also pay a fee of $6, if not waived by the court.
8If this $6 fee is collected, $5.50 of the fee shall be
9deposited into the Circuit Court Clerk Operation and
10Administrative Fund created by the Clerk of the Circuit Court
11and 50 cents of the fee shall be deposited into the Prisoner
12Review Board Vehicle and Equipment Fund in the State treasury.
13    (f) This Section does not apply to the additional child
14pornography fines assessed and collected under Section
155-9-1.14 of the Unified Code of Corrections.
16    (g) (Blank).
17    (h) (Blank).
18    (i) Of the amounts collected as fines under subsection (b)
19of Section 3-712 of the Illinois Vehicle Code, 99% shall be
20deposited into the Illinois Military Family Relief Fund and 1%
21shall be deposited into the Circuit Court Clerk Operation and
22Administrative Fund created by the Clerk of the Circuit Court
23to be used to offset the costs incurred by the Circuit Court
24Clerk in performing the additional duties required to collect
25and disburse funds to entities of State and local government as
26provided by law.

 

 

09800HB4462sam001- 16 -LRB098 18861 MLW 57859 a

1    (j) Any person convicted of, pleading guilty to, or placed
2on supervision for a serious traffic violation, as defined in
3Section 1-187.001 of the Illinois Vehicle Code, a violation of
4Section 11-501 of the Illinois Vehicle Code, or a violation of
5a similar provision of a local ordinance shall pay an
6additional fee of $35, to be disbursed as provided in Section
716-104d of that Code.
8    This subsection (j) becomes inoperative on January 1, 2020
97 years after the effective date of Public Act 95-154.
10    (k) For any conviction or disposition of court supervision
11for a violation of Section 11-1429 of the Illinois Vehicle
12Code, the circuit clerk shall distribute the fines paid by the
13person as specified by subsection (h) of Section 11-1429 of the
14Illinois Vehicle Code.
15    (l) Any person who receives a disposition of court
16supervision for a violation of Section 11-501 of the Illinois
17Vehicle Code or a similar provision of a local ordinance shall,
18in addition to any other fines, fees, and court costs, pay an
19additional fee of $50, which shall be collected by the circuit
20clerk and then remitted to the State Treasurer for deposit into
21the Roadside Memorial Fund, a special fund in the State
22treasury. However, the court may waive the fee if full
23restitution is complied with. Subject to appropriation, all
24moneys in the Roadside Memorial Fund shall be used by the
25Department of Transportation to pay fees imposed under
26subsection (f) of Section 20 of the Roadside Memorial Act. The

 

 

09800HB4462sam001- 17 -LRB098 18861 MLW 57859 a

1fee shall be remitted by the circuit clerk within one month
2after receipt to the State Treasurer for deposit into the
3Roadside Memorial Fund.
4    (m) Of the amounts collected as fines under subsection (c)
5of Section 411.4 of the Illinois Controlled Substances Act or
6subsection (c) of Section 90 of the Methamphetamine Control and
7Community Protection Act, 99% shall be deposited to the law
8enforcement agency or fund specified and 1% shall be deposited
9into the Circuit Court Clerk Operation and Administrative Fund
10to be used to offset the costs incurred by the Circuit Court
11Clerk in performing the additional duties required to collect
12and disburse funds to entities of State and local government as
13provided by law.
14    (n) In addition to any other fines and court costs assessed
15by the courts, any person who is convicted of or pleads guilty
16to a violation of the Criminal Code of 1961 or the Criminal
17Code of 2012, or a similar provision of a local ordinance, or
18who is convicted of, pleads guilty to, or receives a
19disposition of court supervision for a violation of the
20Illinois Vehicle Code, or a similar provision of a local
21ordinance, shall pay an additional fee of $15 to the clerk of
22the circuit court. This additional fee of $15 shall not be
23considered a part of the fine for purposes of any reduction in
24the fine for time served either before or after sentencing.
25This amount, less 2.5% that shall be used to defray
26administrative costs incurred by the clerk, shall be remitted

 

 

09800HB4462sam001- 18 -LRB098 18861 MLW 57859 a

1by the clerk to the State Treasurer within 60 days after
2receipt for deposit into the State Police Merit Board Public
3Safety Fund.
4(Source: P.A. 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428,
5eff. 8-24-07; 95-600, eff. 6-1-08; 95-876, eff. 8-21-08;
696-286, eff. 8-11-09; 96-576, eff. 8-18-09; 96-578, eff.
78-18-09; 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-1175,
8eff. 9-20-10; 96-1342, eff. 1-1-11; 97-1051, eff. 1-1-13;
997-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
10    (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667,
1196-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, and
1297-1150)
13    Sec. 27.6. (a) All fees, fines, costs, additional
14penalties, bail balances assessed or forfeited, and any other
15amount paid by a person to the circuit clerk equalling an
16amount of $55 or more, except the fine imposed by Section
175-9-1.15 of the Unified Code of Corrections, the additional fee
18required by subsections (b) and (c), restitution under Section
195-5-6 of the Unified Code of Corrections, contributions to a
20local anti-crime program ordered pursuant to Section
215-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
22Corrections, reimbursement for the costs of an emergency
23response as provided under Section 11-501 of the Illinois
24Vehicle Code, any fees collected for attending a traffic safety
25program under paragraph (c) of Supreme Court Rule 529, any fee

 

 

09800HB4462sam001- 19 -LRB098 18861 MLW 57859 a

1collected on behalf of a State's Attorney under Section 4-2002
2of the Counties Code or a sheriff under Section 4-5001 of the
3Counties Code, or any cost imposed under Section 124A-5 of the
4Code of Criminal Procedure of 1963, for convictions, orders of
5supervision, or any other disposition for a violation of
6Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
7similar provision of a local ordinance, and any violation of
8the Child Passenger Protection Act, or a similar provision of a
9local ordinance, and except as otherwise provided in this
10Section shall be disbursed within 60 days after receipt by the
11circuit clerk as follows: 44.5% shall be disbursed to the
12entity authorized by law to receive the fine imposed in the
13case; 16.825% shall be disbursed to the State Treasurer; and
1438.675% shall be disbursed to the county's general corporate
15fund. Of the 16.825% disbursed to the State Treasurer, 2/17
16shall be deposited by the State Treasurer into the Violent
17Crime Victims Assistance Fund, 5.052/17 shall be deposited into
18the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
19be deposited into the Drivers Education Fund, and 6.948/17
20shall be deposited into the Trauma Center Fund. Of the 6.948/17
21deposited into the Trauma Center Fund from the 16.825%
22disbursed to the State Treasurer, 50% shall be disbursed to the
23Department of Public Health and 50% shall be disbursed to the
24Department of Healthcare and Family Services. For fiscal year
251993, amounts deposited into the Violent Crime Victims
26Assistance Fund, the Traffic and Criminal Conviction Surcharge

 

 

09800HB4462sam001- 20 -LRB098 18861 MLW 57859 a

1Fund, or the Drivers Education Fund shall not exceed 110% of
2the amounts deposited into those funds in fiscal year 1991. Any
3amount that exceeds the 110% limit shall be distributed as
4follows: 50% shall be disbursed to the county's general
5corporate fund and 50% shall be disbursed to the entity
6authorized by law to receive the fine imposed in the case. Not
7later than March 1 of each year the circuit clerk shall submit
8a report of the amount of funds remitted to the State Treasurer
9under this Section during the preceding year based upon
10independent verification of fines and fees. All counties shall
11be subject to this Section, except that counties with a
12population under 2,000,000 may, by ordinance, elect not to be
13subject to this Section. For offenses subject to this Section,
14judges shall impose one total sum of money payable for
15violations. The circuit clerk may add on no additional amounts
16except for amounts that are required by Sections 27.3a and
1727.3c of this Act, Section 16-104c of the Illinois Vehicle
18Code, and subsection (a) of Section 5-1101 of the Counties
19Code, unless those amounts are specifically waived by the
20judge. With respect to money collected by the circuit clerk as
21a result of forfeiture of bail, ex parte judgment or guilty
22plea pursuant to Supreme Court Rule 529, the circuit clerk
23shall first deduct and pay amounts required by Sections 27.3a
24and 27.3c of this Act. Unless a court ordered payment schedule
25is implemented or fee requirements are waived pursuant to court
26order, the clerk of the court may add to any unpaid fees and

 

 

09800HB4462sam001- 21 -LRB098 18861 MLW 57859 a

1costs a delinquency amount equal to 5% of the unpaid fees that
2remain unpaid after 30 days, 10% of the unpaid fees that remain
3unpaid after 60 days, and 15% of the unpaid fees that remain
4unpaid after 90 days. Notice to those parties may be made by
5signage posting or publication. The additional delinquency
6amounts collected under this Section shall be deposited in the
7Circuit Court Clerk Operation and Administrative Fund to be
8used to defray administrative costs incurred by the circuit
9clerk in performing the duties required to collect and disburse
10funds. This Section is a denial and limitation of home rule
11powers and functions under subsection (h) of Section 6 of
12Article VII of the Illinois Constitution.
13    (b) In addition to any other fines and court costs assessed
14by the courts, any person convicted or receiving an order of
15supervision for driving under the influence of alcohol or drugs
16shall pay an additional fee of $100 to the clerk of the circuit
17court. This amount, less 2 1/2% that shall be used to defray
18administrative costs incurred by the clerk, shall be remitted
19by the clerk to the Treasurer within 60 days after receipt for
20deposit into the Trauma Center Fund. This additional fee of
21$100 shall not be considered a part of the fine for purposes of
22any reduction in the fine for time served either before or
23after sentencing. Not later than March 1 of each year the
24Circuit Clerk shall submit a report of the amount of funds
25remitted to the State Treasurer under this subsection during
26the preceding calendar year.

 

 

09800HB4462sam001- 22 -LRB098 18861 MLW 57859 a

1    (b-1) In addition to any other fines and court costs
2assessed by the courts, any person convicted or receiving an
3order of supervision for driving under the influence of alcohol
4or drugs shall pay an additional fee of $5 to the clerk of the
5circuit court. This amount, less 2 1/2% that shall be used to
6defray administrative costs incurred by the clerk, shall be
7remitted by the clerk to the Treasurer within 60 days after
8receipt for deposit into the Spinal Cord Injury Paralysis Cure
9Research Trust Fund. This additional fee of $5 shall not be
10considered a part of the fine for purposes of any reduction in
11the fine for time served either before or after sentencing. Not
12later than March 1 of each year the Circuit Clerk shall submit
13a report of the amount of funds remitted to the State Treasurer
14under this subsection during the preceding calendar year.
15    (c) In addition to any other fines and court costs assessed
16by the courts, any person convicted for a violation of Sections
1724-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or the
18Criminal Code of 2012 or a person sentenced for a violation of
19the Cannabis Control Act, the Illinois Controlled Substances
20Act, or the Methamphetamine Control and Community Protection
21Act shall pay an additional fee of $100 to the clerk of the
22circuit court. This amount, less 2 1/2% that shall be used to
23defray administrative costs incurred by the clerk, shall be
24remitted by the clerk to the Treasurer within 60 days after
25receipt for deposit into the Trauma Center Fund. This
26additional fee of $100 shall not be considered a part of the

 

 

09800HB4462sam001- 23 -LRB098 18861 MLW 57859 a

1fine for purposes of any reduction in the fine for time served
2either before or after sentencing. Not later than March 1 of
3each year the Circuit Clerk shall submit a report of the amount
4of funds remitted to the State Treasurer under this subsection
5during the preceding calendar year.
6    (c-1) In addition to any other fines and court costs
7assessed by the courts, any person sentenced for a violation of
8the Cannabis Control Act, the Illinois Controlled Substances
9Act, or the Methamphetamine Control and Community Protection
10Act shall pay an additional fee of $5 to the clerk of the
11circuit court. This amount, less 2 1/2% that shall be used to
12defray administrative costs incurred by the clerk, shall be
13remitted by the clerk to the Treasurer within 60 days after
14receipt for deposit into the Spinal Cord Injury Paralysis Cure
15Research Trust Fund. This additional fee of $5 shall not be
16considered a part of the fine for purposes of any reduction in
17the fine for time served either before or after sentencing. Not
18later than March 1 of each year the Circuit Clerk shall submit
19a report of the amount of funds remitted to the State Treasurer
20under this subsection during the preceding calendar year.
21    (d) The following amounts must be remitted to the State
22Treasurer for deposit into the Illinois Animal Abuse Fund:
23        (1) 50% of the amounts collected for felony offenses
24    under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
25    5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
26    Animals Act and Section 26-5 or 48-1 of the Criminal Code

 

 

09800HB4462sam001- 24 -LRB098 18861 MLW 57859 a

1    of 1961 or the Criminal Code of 2012;
2        (2) 20% of the amounts collected for Class A and Class
3    B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
4    5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
5    for Animals Act and Section 26-5 or 48-1 of the Criminal
6    Code of 1961 or the Criminal Code of 2012; and
7        (3) 50% of the amounts collected for Class C
8    misdemeanors under Sections 4.01 and 7.1 of the Humane Care
9    for Animals Act and Section 26-5 or 48-1 of the Criminal
10    Code of 1961 or the Criminal Code of 2012.
11    (e) Any person who receives a disposition of court
12supervision for a violation of the Illinois Vehicle Code or a
13similar provision of a local ordinance shall, in addition to
14any other fines, fees, and court costs, pay an additional fee
15of $29, to be disbursed as provided in Section 16-104c of the
16Illinois Vehicle Code. In addition to the fee of $29, the
17person shall also pay a fee of $6, if not waived by the court.
18If this $6 fee is collected, $5.50 of the fee shall be
19deposited into the Circuit Court Clerk Operation and
20Administrative Fund created by the Clerk of the Circuit Court
21and 50 cents of the fee shall be deposited into the Prisoner
22Review Board Vehicle and Equipment Fund in the State treasury.
23    (f) This Section does not apply to the additional child
24pornography fines assessed and collected under Section
255-9-1.14 of the Unified Code of Corrections.
26    (g) Any person convicted of or pleading guilty to a serious

 

 

09800HB4462sam001- 25 -LRB098 18861 MLW 57859 a

1traffic violation, as defined in Section 1-187.001 of the
2Illinois Vehicle Code, shall pay an additional fee of $35, to
3be disbursed as provided in Section 16-104d of that Code. This
4subsection (g) becomes inoperative on January 1, 2020 7 years
5after the effective date of Public Act 95-154.
6    (h) In all counties having a population of 3,000,000 or
7more inhabitants,
8        (1) A person who is found guilty of or pleads guilty to
9    violating subsection (a) of Section 11-501 of the Illinois
10    Vehicle Code, including any person placed on court
11    supervision for violating subsection (a), shall be fined
12    $750 as provided for by subsection (f) of Section 11-501.01
13    of the Illinois Vehicle Code, payable to the circuit clerk,
14    who shall distribute the money pursuant to subsection (f)
15    of Section 11-501.01 of the Illinois Vehicle Code.
16        (2) When a crime laboratory DUI analysis fee of $150,
17    provided for by Section 5-9-1.9 of the Unified Code of
18    Corrections is assessed, it shall be disbursed by the
19    circuit clerk as provided by subsection (f) of Section
20    5-9-1.9 of the Unified Code of Corrections.
21        (3) When a fine for a violation of Section 11-605.1 of
22    the Illinois Vehicle Code is $250 or greater, the person
23    who violated that Section shall be charged an additional
24    $125 as provided for by subsection (e) of Section 11-605.1
25    of the Illinois Vehicle Code, which shall be disbursed by
26    the circuit clerk to a State or county Transportation

 

 

09800HB4462sam001- 26 -LRB098 18861 MLW 57859 a

1    Safety Highway Hire-back Fund as provided by subsection (e)
2    of Section 11-605.1 of the Illinois Vehicle Code.
3        (4) When a fine for a violation of subsection (a) of
4    Section 11-605 of the Illinois Vehicle Code is $150 or
5    greater, the additional $50 which is charged as provided
6    for by subsection (f) of Section 11-605 of the Illinois
7    Vehicle Code shall be disbursed by the circuit clerk to a
8    school district or districts for school safety purposes as
9    provided by subsection (f) of Section 11-605.
10        (5) When a fine for a violation of subsection (a) of
11    Section 11-1002.5 of the Illinois Vehicle Code is $150 or
12    greater, the additional $50 which is charged as provided
13    for by subsection (c) of Section 11-1002.5 of the Illinois
14    Vehicle Code shall be disbursed by the circuit clerk to a
15    school district or districts for school safety purposes as
16    provided by subsection (c) of Section 11-1002.5 of the
17    Illinois Vehicle Code.
18        (6) When a mandatory drug court fee of up to $5 is
19    assessed as provided in subsection (f) of Section 5-1101 of
20    the Counties Code, it shall be disbursed by the circuit
21    clerk as provided in subsection (f) of Section 5-1101 of
22    the Counties Code.
23        (7) When a mandatory teen court, peer jury, youth
24    court, or other youth diversion program fee is assessed as
25    provided in subsection (e) of Section 5-1101 of the
26    Counties Code, it shall be disbursed by the circuit clerk

 

 

09800HB4462sam001- 27 -LRB098 18861 MLW 57859 a

1    as provided in subsection (e) of Section 5-1101 of the
2    Counties Code.
3        (8) When a Children's Advocacy Center fee is assessed
4    pursuant to subsection (f-5) of Section 5-1101 of the
5    Counties Code, it shall be disbursed by the circuit clerk
6    as provided in subsection (f-5) of Section 5-1101 of the
7    Counties Code.
8        (9) When a victim impact panel fee is assessed pursuant
9    to subsection (b) of Section 11-501.01 of the Vehicle Code,
10    it shall be disbursed by the circuit clerk to the victim
11    impact panel to be attended by the defendant.
12        (10) When a new fee collected in traffic cases is
13    enacted after the effective date of this subsection (h), it
14    shall be excluded from the percentage disbursement
15    provisions of this Section unless otherwise indicated by
16    law.
17    (i) Of the amounts collected as fines under subsection (b)
18of Section 3-712 of the Illinois Vehicle Code, 99% shall be
19deposited into the Illinois Military Family Relief Fund and 1%
20shall be deposited into the Circuit Court Clerk Operation and
21Administrative Fund created by the Clerk of the Circuit Court
22to be used to offset the costs incurred by the Circuit Court
23Clerk in performing the additional duties required to collect
24and disburse funds to entities of State and local government as
25provided by law.
26    (j) (Blank).

 

 

09800HB4462sam001- 28 -LRB098 18861 MLW 57859 a

1    (k) For any conviction or disposition of court supervision
2for a violation of Section 11-1429 of the Illinois Vehicle
3Code, the circuit clerk shall distribute the fines paid by the
4person as specified by subsection (h) of Section 11-1429 of the
5Illinois Vehicle Code.
6    (l) Any person who receives a disposition of court
7supervision for a violation of Section 11-501 of the Illinois
8Vehicle Code or a similar provision of a local ordinance shall,
9in addition to any other fines, fees, and court costs, pay an
10additional fee of $50, which shall be collected by the circuit
11clerk and then remitted to the State Treasurer for deposit into
12the Roadside Memorial Fund, a special fund in the State
13treasury. However, the court may waive the fee if full
14restitution is complied with. Subject to appropriation, all
15moneys in the Roadside Memorial Fund shall be used by the
16Department of Transportation to pay fees imposed under
17subsection (f) of Section 20 of the Roadside Memorial Act. The
18fee shall be remitted by the circuit clerk within one month
19after receipt to the State Treasurer for deposit into the
20Roadside Memorial Fund.
21    (m) Of the amounts collected as fines under subsection (c)
22of Section 411.4 of the Illinois Controlled Substances Act or
23subsection (c) of Section 90 of the Methamphetamine Control and
24Community Protection Act, 99% shall be deposited to the law
25enforcement agency or fund specified and 1% shall be deposited
26into the Circuit Court Clerk Operation and Administrative Fund

 

 

09800HB4462sam001- 29 -LRB098 18861 MLW 57859 a

1to be used to offset the costs incurred by the Circuit Court
2Clerk in performing the additional duties required to collect
3and disburse funds to entities of State and local government as
4provided by law.
5    (n) In addition to any other fines and court costs assessed
6by the courts, any person who is convicted of or pleads guilty
7to a violation of the Criminal Code of 1961 or the Criminal
8Code of 2012, or a similar provision of a local ordinance, or
9who is convicted of, pleads guilty to, or receives a
10disposition of court supervision for a violation of the
11Illinois Vehicle Code, or a similar provision of a local
12ordinance, shall pay an additional fee of $15 to the clerk of
13the circuit court. This additional fee of $15 shall not be
14considered a part of the fine for purposes of any reduction in
15the fine for time served either before or after sentencing.
16This amount, less 2.5% that shall be used to defray
17administrative costs incurred by the clerk, shall be remitted
18by the clerk to the State Treasurer within 60 days after
19receipt for deposit into the State Police Merit Board Public
20Safety Fund.
21(Source: P.A. 96-576, eff. 8-18-09; 96-578, eff. 8-18-09;
2296-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-735, eff. 1-1-10;
2396-1175, eff. 9-20-10; 96-1342, eff. 1-1-11; 97-434, eff.
241-1-12; 97-1051, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1150,
25eff. 1-25-13.)
 

 

 

09800HB4462sam001- 30 -LRB098 18861 MLW 57859 a

1    Section 15. The Unified Code of Corrections is amended by
2changing Section 5-6-1 as follows:
 
3    (730 ILCS 5/5-6-1)  (from Ch. 38, par. 1005-6-1)
4    Sec. 5-6-1. Sentences of Probation and of Conditional
5Discharge and Disposition of Supervision. The General Assembly
6finds that in order to protect the public, the criminal justice
7system must compel compliance with the conditions of probation
8by responding to violations with swift, certain and fair
9punishments and intermediate sanctions. The Chief Judge of each
10circuit shall adopt a system of structured, intermediate
11sanctions for violations of the terms and conditions of a
12sentence of probation, conditional discharge or disposition of
13supervision.
14    (a) Except where specifically prohibited by other
15provisions of this Code, the court shall impose a sentence of
16probation or conditional discharge upon an offender unless,
17having regard to the nature and circumstance of the offense,
18and to the history, character and condition of the offender,
19the court is of the opinion that:
20        (1) his imprisonment or periodic imprisonment is
21    necessary for the protection of the public; or
22        (2) probation or conditional discharge would deprecate
23    the seriousness of the offender's conduct and would be
24    inconsistent with the ends of justice; or
25        (3) a combination of imprisonment with concurrent or

 

 

09800HB4462sam001- 31 -LRB098 18861 MLW 57859 a

1    consecutive probation when an offender has been admitted
2    into a drug court program under Section 20 of the Drug
3    Court Treatment Act is necessary for the protection of the
4    public and for the rehabilitation of the offender.
5    The court shall impose as a condition of a sentence of
6probation, conditional discharge, or supervision, that the
7probation agency may invoke any sanction from the list of
8intermediate sanctions adopted by the chief judge of the
9circuit court for violations of the terms and conditions of the
10sentence of probation, conditional discharge, or supervision,
11subject to the provisions of Section 5-6-4 of this Act.
12    (b) The court may impose a sentence of conditional
13discharge for an offense if the court is of the opinion that
14neither a sentence of imprisonment nor of periodic imprisonment
15nor of probation supervision is appropriate.
16    (b-1) Subsections (a) and (b) of this Section do not apply
17to a defendant charged with a misdemeanor or felony under the
18Illinois Vehicle Code or reckless homicide under Section 9-3 of
19the Criminal Code of 1961 or the Criminal Code of 2012 if the
20defendant within the past 12 months has been convicted of or
21pleaded guilty to a misdemeanor or felony under the Illinois
22Vehicle Code or reckless homicide under Section 9-3 of the
23Criminal Code of 1961 or the Criminal Code of 2012.
24    (c) The court may, upon a plea of guilty or a stipulation
25by the defendant of the facts supporting the charge or a
26finding of guilt, defer further proceedings and the imposition

 

 

09800HB4462sam001- 32 -LRB098 18861 MLW 57859 a

1of a sentence, and enter an order for supervision of the
2defendant, if the defendant is not charged with: (i) a Class A
3misdemeanor, as defined by the following provisions of the
4Criminal Code of 1961 or the Criminal Code of 2012: Sections
511-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6;
631-7; paragraphs (2) and (3) of subsection (a) of Section 21-1;
7paragraph (1) through (5), (8), (10), and (11) of subsection
8(a) of Section 24-1; (ii) a Class A misdemeanor violation of
9Section 3.01, 3.03-1, or 4.01 of the Humane Care for Animals
10Act; or (iii) a felony. If the defendant is not barred from
11receiving an order for supervision as provided in this
12subsection, the court may enter an order for supervision after
13considering the circumstances of the offense, and the history,
14character and condition of the offender, if the court is of the
15opinion that:
16        (1) the offender is not likely to commit further
17    crimes;
18        (2) the defendant and the public would be best served
19    if the defendant were not to receive a criminal record; and
20        (3) in the best interests of justice an order of
21    supervision is more appropriate than a sentence otherwise
22    permitted under this Code.
23    (c-5) Subsections (a), (b), and (c) of this Section do not
24apply to a defendant charged with a second or subsequent
25violation of Section 6-303 of the Illinois Vehicle Code
26committed while his or her driver's license, permit or

 

 

09800HB4462sam001- 33 -LRB098 18861 MLW 57859 a

1privileges were revoked because of a violation of Section 9-3
2of the Criminal Code of 1961 or the Criminal Code of 2012,
3relating to the offense of reckless homicide, or a similar
4provision of a law of another state.
5    (d) The provisions of paragraph (c) shall not apply to a
6defendant charged with violating Section 11-501 of the Illinois
7Vehicle Code or a similar provision of a local ordinance when
8the defendant has previously been:
9        (1) convicted for a violation of Section 11-501 of the
10    Illinois Vehicle Code or a similar provision of a local
11    ordinance or any similar law or ordinance of another state;
12    or
13        (2) assigned supervision for a violation of Section
14    11-501 of the Illinois Vehicle Code or a similar provision
15    of a local ordinance or any similar law or ordinance of
16    another state; or
17        (3) pleaded guilty to or stipulated to the facts
18    supporting a charge or a finding of guilty to a violation
19    of Section 11-503 of the Illinois Vehicle Code or a similar
20    provision of a local ordinance or any similar law or
21    ordinance of another state, and the plea or stipulation was
22    the result of a plea agreement.
23    The court shall consider the statement of the prosecuting
24authority with regard to the standards set forth in this
25Section.
26    (e) The provisions of paragraph (c) shall not apply to a

 

 

09800HB4462sam001- 34 -LRB098 18861 MLW 57859 a

1defendant charged with violating Section 16-25 or 16A-3 of the
2Criminal Code of 1961 or the Criminal Code of 2012 if said
3defendant has within the last 5 years been:
4        (1) convicted for a violation of Section 16-25 or 16A-3
5    of the Criminal Code of 1961 or the Criminal Code of 2012;
6    or
7        (2) assigned supervision for a violation of Section
8    16-25 or 16A-3 of the Criminal Code of 1961 or the Criminal
9    Code of 2012.
10    The court shall consider the statement of the prosecuting
11authority with regard to the standards set forth in this
12Section.
13    (f) The provisions of paragraph (c) shall not apply to a
14defendant charged with violating Sections 15-111, 15-112,
1515-301, paragraph (b) of Section 6-104, Section 11-605, Section
1611-1002.5, or Section 11-1414 of the Illinois Vehicle Code or a
17similar provision of a local ordinance.
18    (g) Except as otherwise provided in paragraph (i) of this
19Section, the provisions of paragraph (c) shall not apply to a
20defendant charged with violating Section 3-707, 3-708, 3-710,
21or 5-401.3 of the Illinois Vehicle Code or a similar provision
22of a local ordinance if the defendant has within the last 5
23years been:
24        (1) convicted for a violation of Section 3-707, 3-708,
25    3-710, or 5-401.3 of the Illinois Vehicle Code or a similar
26    provision of a local ordinance; or

 

 

09800HB4462sam001- 35 -LRB098 18861 MLW 57859 a

1        (2) assigned supervision for a violation of Section
2    3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
3    Code or a similar provision of a local ordinance.
4    The court shall consider the statement of the prosecuting
5authority with regard to the standards set forth in this
6Section.
7    (h) The provisions of paragraph (c) shall not apply to a
8defendant under the age of 21 years charged with violating a
9serious traffic offense as defined in Section 1-187.001 of the
10Illinois Vehicle Code:
11        (1) unless the defendant, upon payment of the fines,
12    penalties, and costs provided by law, agrees to attend and
13    successfully complete a traffic safety program approved by
14    the court under standards set by the Conference of Chief
15    Circuit Judges. The accused shall be responsible for
16    payment of any traffic safety program fees. If the accused
17    fails to file a certificate of successful completion on or
18    before the termination date of the supervision order, the
19    supervision shall be summarily revoked and conviction
20    entered. The provisions of Supreme Court Rule 402 relating
21    to pleas of guilty do not apply in cases when a defendant
22    enters a guilty plea under this provision; or
23        (2) if the defendant has previously been sentenced
24    under the provisions of paragraph (c) on or after January
25    1, 1998 for any serious traffic offense as defined in
26    Section 1-187.001 of the Illinois Vehicle Code.

 

 

09800HB4462sam001- 36 -LRB098 18861 MLW 57859 a

1    (h-1) The provisions of paragraph (c) shall not apply to a
2defendant under the age of 21 years charged with an offense
3against traffic regulations governing the movement of vehicles
4or any violation of Section 6-107 or Section 12-603.1 of the
5Illinois Vehicle Code, unless the defendant, upon payment of
6the fines, penalties, and costs provided by law, agrees to
7attend and successfully complete a traffic safety program
8approved by the court under standards set by the Conference of
9Chief Circuit Judges. The accused shall be responsible for
10payment of any traffic safety program fees. If the accused
11fails to file a certificate of successful completion on or
12before the termination date of the supervision order, the
13supervision shall be summarily revoked and conviction entered.
14The provisions of Supreme Court Rule 402 relating to pleas of
15guilty do not apply in cases when a defendant enters a guilty
16plea under this provision.
17    (i) The provisions of paragraph (c) shall not apply to a
18defendant charged with violating Section 3-707 of the Illinois
19Vehicle Code or a similar provision of a local ordinance if the
20defendant has been assigned supervision for a violation of
21Section 3-707 of the Illinois Vehicle Code or a similar
22provision of a local ordinance.
23    (j) The provisions of paragraph (c) shall not apply to a
24defendant charged with violating Section 6-303 of the Illinois
25Vehicle Code or a similar provision of a local ordinance when
26the revocation or suspension was for a violation of Section

 

 

09800HB4462sam001- 37 -LRB098 18861 MLW 57859 a

111-501 or a similar provision of a local ordinance or a
2violation of Section 11-501.1 or paragraph (b) of Section
311-401 of the Illinois Vehicle Code if the defendant has within
4the last 10 years been:
5        (1) convicted for a violation of Section 6-303 of the
6    Illinois Vehicle Code or a similar provision of a local
7    ordinance; or
8        (2) assigned supervision for a violation of Section
9    6-303 of the Illinois Vehicle Code or a similar provision
10    of a local ordinance.
11    (k) The provisions of paragraph (c) shall not apply to a
12defendant charged with violating any provision of the Illinois
13Vehicle Code or a similar provision of a local ordinance that
14governs the movement of vehicles if, within the 12 months
15preceding the date of the defendant's arrest, the defendant has
16been assigned court supervision on 2 occasions for a violation
17that governs the movement of vehicles under the Illinois
18Vehicle Code or a similar provision of a local ordinance. The
19provisions of this paragraph (k) do not apply to a defendant
20charged with violating Section 11-501 of the Illinois Vehicle
21Code or a similar provision of a local ordinance.
22    (l) A defendant charged with violating any provision of the
23Illinois Vehicle Code or a similar provision of a local
24ordinance who receives a disposition of supervision under
25subsection (c) shall pay an additional fee of $29, to be
26collected as provided in Sections 27.5 and 27.6 of the Clerks

 

 

09800HB4462sam001- 38 -LRB098 18861 MLW 57859 a

1of Courts Act. In addition to the $29 fee, the person shall
2also pay a fee of $6, which, if not waived by the court, shall
3be collected as provided in Sections 27.5 and 27.6 of the
4Clerks of Courts Act. The $29 fee shall be disbursed as
5provided in Section 16-104c of the Illinois Vehicle Code. If
6the $6 fee is collected, $5.50 of the fee shall be deposited
7into the Circuit Court Clerk Operation and Administrative Fund
8created by the Clerk of the Circuit Court and 50 cents of the
9fee shall be deposited into the Prisoner Review Board Vehicle
10and Equipment Fund in the State treasury.
11    (m) Any person convicted of, pleading guilty to, or placed
12on supervision for a serious traffic violation, as defined in
13Section 1-187.001 of the Illinois Vehicle Code, a violation of
14Section 11-501 of the Illinois Vehicle Code, or a violation of
15a similar provision of a local ordinance shall pay an
16additional fee of $35, to be disbursed as provided in Section
1716-104d of that Code.
18    This subsection (m) becomes inoperative on January 1, 2020
197 years after October 13, 2007 (the effective date of Public
20Act 95-154).
21    (n) The provisions of paragraph (c) shall not apply to any
22person under the age of 18 who commits an offense against
23traffic regulations governing the movement of vehicles or any
24violation of Section 6-107 or Section 12-603.1 of the Illinois
25Vehicle Code, except upon personal appearance of the defendant
26in court and upon the written consent of the defendant's parent

 

 

09800HB4462sam001- 39 -LRB098 18861 MLW 57859 a

1or legal guardian, executed before the presiding judge. The
2presiding judge shall have the authority to waive this
3requirement upon the showing of good cause by the defendant.
4    (o) The provisions of paragraph (c) shall not apply to a
5defendant charged with violating Section 6-303 of the Illinois
6Vehicle Code or a similar provision of a local ordinance when
7the suspension was for a violation of Section 11-501.1 of the
8Illinois Vehicle Code and when:
9        (1) at the time of the violation of Section 11-501.1 of
10    the Illinois Vehicle Code, the defendant was a first
11    offender pursuant to Section 11-500 of the Illinois Vehicle
12    Code and the defendant failed to obtain a monitoring device
13    driving permit; or
14        (2) at the time of the violation of Section 11-501.1 of
15    the Illinois Vehicle Code, the defendant was a first
16    offender pursuant to Section 11-500 of the Illinois Vehicle
17    Code, had subsequently obtained a monitoring device
18    driving permit, but was driving a vehicle not equipped with
19    a breath alcohol ignition interlock device as defined in
20    Section 1-129.1 of the Illinois Vehicle Code.
21    (p) The provisions of paragraph (c) shall not apply to a
22defendant charged with violating Section 11-601.5 of the
23Illinois Vehicle Code or a similar provision of a local
24ordinance.
25    (q) The provisions of paragraph (c) shall not apply to a
26defendant charged with violating subsection (b) of Section

 

 

09800HB4462sam001- 40 -LRB098 18861 MLW 57859 a

111-601 of the Illinois Vehicle Code when the defendant was
2operating a vehicle, in an urban district, at a speed in excess
3of 25 miles per hour over the posted speed limit.
4    (r) The provisions of paragraph (c) shall not apply to a
5defendant charged with violating any provision of the Illinois
6Vehicle Code or a similar provision of a local ordinance if the
7violation was the proximate cause of the death of another and
8the defendant's driving abstract contains a prior conviction or
9disposition of court supervision for any violation of the
10Illinois Vehicle Code, other than an equipment violation, or a
11suspension, revocation, or cancellation of the driver's
12license.
13(Source: P.A. 97-333, eff. 8-12-11; 97-597, eff. 1-1-12;
1497-831, eff. 7-1-13; 97-1108, eff. 1-1-13; 97-1150, eff.
151-25-13; 98-169, eff. 1-1-14.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.".