Full Text of SB1581 100th General Assembly
SB1581eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing Section 5-9-1 as follows:
| 6 | | (730 ILCS 5/5-9-1) (from Ch. 38, par. 1005-9-1)
| 7 | | Sec. 5-9-1. Authorized fines.
| 8 | | (a) An offender may be sentenced to pay a
fine as provided | 9 | | in Article 4.5 of Chapter V.
| 10 | | (b) (Blank.)
| 11 | | (c) There shall be added to every fine imposed in | 12 | | sentencing for a
criminal or traffic offense, except an offense | 13 | | relating to parking or
registration, or offense by a | 14 | | pedestrian, an additional penalty of $15 for
each $40, or | 15 | | fraction thereof, of fine imposed for violations other than | 16 | | violations of Section 15-111 of the Illinois Vehicle Code; $15 | 17 | | for each $40 of the first $330, or fraction thereof, of fine | 18 | | imposed for a violation of Section 15-111 of the Illinois | 19 | | Vehicle Code and $10 for each subsequent $40, or fraction | 20 | | thereof, of fine imposed for violation of Section 15-111 of the | 21 | | Illinois Vehicle Code, following the initial $15 additional | 22 | | penalty for each $40 of the first $330 of fine imposed .
The | 23 | | additional penalty under this subsection (c) of $15 for each |
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| 1 | | $40, or fraction thereof, of fine
imposed , if not otherwise | 2 | | assessed, shall also be added to every fine
imposed upon a plea | 3 | | of guilty, stipulation of facts or findings of guilty,
| 4 | | resulting in a judgment of conviction, or order of supervision | 5 | | in criminal,
traffic, local ordinance, county ordinance, and | 6 | | conservation cases (except
parking, registration, or | 7 | | pedestrian violations), or upon
a sentence of probation without | 8 | | entry of judgment under Section 10 of the
Cannabis Control Act, | 9 | | Section 410 of the Illinois Controlled Substances Act, or | 10 | | Section 70 of the Methamphetamine Control and Community | 11 | | Protection Act.
| 12 | | Such additional amounts 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 such | 15 | | additional penalty shall be
remitted by the Circuit Clerk | 16 | | within one month after receipt to the State
Treasurer. The | 17 | | State Treasurer shall deposit $1 for each $40, or fraction
| 18 | | thereof, of fine imposed into the LEADS Maintenance Fund. The | 19 | | State Treasurer shall deposit $3 for each $40, or fraction
| 20 | | thereof, of fine imposed into the Law Enforcement Camera Grant | 21 | | Fund. The remaining
surcharge amount shall be deposited into | 22 | | the Traffic and Criminal Conviction
Surcharge
Fund, unless the | 23 | | fine, costs or additional amounts are subject to
disbursement | 24 | | by the circuit clerk under Section 27.5 of the Clerks of
Courts | 25 | | Act. Such additional penalty shall not be considered a part of | 26 | | the fine
for purposes of any reduction in the fine for time |
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| 1 | | served either before or
after sentencing.
Not later than March | 2 | | 1 of each year the Circuit Clerk
shall submit a report of the | 3 | | amount of funds remitted to the State
Treasurer under this | 4 | | subsection (c) during the preceding calendar year.
Except as | 5 | | otherwise provided by Supreme Court Rules, if a court in | 6 | | imposing
a fine against an offender levies a gross
amount for | 7 | | fine, costs, fees and penalties, the amount of the additional
| 8 | | penalty provided for herein shall be computed on the amount | 9 | | remaining after
deducting from the gross amount levied all fees | 10 | | of the Circuit Clerk, the
State's Attorney and the Sheriff. | 11 | | After deducting from the gross amount
levied the fees and | 12 | | additional penalty provided for herein, less any other
| 13 | | additional penalties provided by law, the clerk shall remit the | 14 | | net balance
remaining to the entity authorized by law to | 15 | | receive the fine imposed in
the case. For purposes of this | 16 | | Section "fees of the Circuit Clerk" shall
include, if | 17 | | applicable, the fee provided for under Section 27.3a of the
| 18 | | Clerks of Courts Act and the fee, if applicable, payable to the | 19 | | county in
which the violation occurred pursuant to Section | 20 | | 5-1101 of the Counties Code.
| 21 | | (c-5) In addition to the fines imposed by subsection (c), | 22 | | any person
convicted or receiving an order of supervision for | 23 | | driving under the influence
of alcohol or drugs shall pay an | 24 | | additional $100 fee to the clerk.
This
additional fee, less 2 | 25 | | 1/2% that shall be
used to defray administrative costs incurred | 26 | | by the clerk, shall be remitted by
the clerk to the Treasurer |
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| 1 | | within 60 days after receipt for deposit into the
Trauma Center | 2 | | Fund. This additional fee of $100 shall not be
considered a | 3 | | part of
the
fine for purposes of any reduction in the fine for | 4 | | time served either before or
after sentencing.
Not later than | 5 | | March 1 of each year the Circuit Clerk
shall submit a report of | 6 | | the amount of funds remitted to the State
Treasurer under this | 7 | | subsection (c-5) during the preceding calendar year.
| 8 | | The Circuit Clerk may accept payment of fines and costs by | 9 | | credit card
from an offender who has been convicted of a | 10 | | traffic offense, petty offense
or misdemeanor and may charge | 11 | | the service fee permitted where fines and
costs are paid by | 12 | | credit card provided for in Section 27.3b of the Clerks
of | 13 | | Courts Act.
| 14 | | (c-7) In addition to the fines imposed by subsection (c), | 15 | | any person
convicted or receiving an order of supervision for | 16 | | driving under the influence
of alcohol or drugs shall pay an | 17 | | additional $5 fee to the clerk. This
additional fee, less 2 | 18 | | 1/2% that shall be
used to defray administrative costs incurred | 19 | | by the clerk, shall be remitted by
the clerk to the Treasurer | 20 | | within 60 days after receipt for deposit into the
Spinal Cord | 21 | | Injury Paralysis Cure Research Trust Fund. This additional fee | 22 | | of
$5 shall not be
considered a part of
the
fine for purposes | 23 | | of any reduction in the fine for time served either before or
| 24 | | after sentencing.
Not later than March 1 of each year the | 25 | | Circuit Clerk
shall submit a report of the amount of funds | 26 | | remitted to the State
Treasurer under this subsection (c-7) |
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| 1 | | during the preceding calendar year.
| 2 | | (c-9) (Blank).
| 3 | | (d) In determining the amount and method of payment of a | 4 | | fine, except
for those fines established for violations of | 5 | | Chapter 15 of the Illinois
Vehicle Code, the court shall | 6 | | consider:
| 7 | | (1) the financial resources and future ability of the | 8 | | offender to pay
the fine; and
| 9 | | (2) whether the fine will prevent the offender from | 10 | | making court ordered
restitution or reparation to the | 11 | | victim of the offense; and
| 12 | | (3) in a case where the accused is a dissolved | 13 | | corporation and the
court has appointed counsel to | 14 | | represent the corporation, the costs
incurred either by the | 15 | | county or the State for such representation.
| 16 | | (e) The court may order the fine to be paid forthwith or | 17 | | within a
specified period of time or in installments.
| 18 | | (f) All fines, costs and additional amounts imposed under | 19 | | this Section
for any violation of Chapters 3, 4, 6, and 11 of | 20 | | the Illinois Vehicle Code,
or a similar provision of a local | 21 | | ordinance, and any violation of the Child
Passenger Protection | 22 | | Act, or a similar provision of a local ordinance,
shall be | 23 | | collected and disbursed by the circuit clerk as provided under
| 24 | | Section 27.5 of the Clerks of Courts Act.
| 25 | | (Source: P.A. 99-352, eff. 1-1-16 .)
| 26 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.
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