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Full Text of HB2497  101st General Assembly

HB2497sam003 101ST GENERAL ASSEMBLY

Sen. Christopher Belt

Filed: 5/30/2019

 

 


 

 


 
10100HB2497sam003LRB101 09978 LNS 61474 a

1
AMENDMENT TO HOUSE BILL 2497

2    AMENDMENT NO. ______. Amend House Bill 2497, AS AMENDED,
3with reference to page and line numbers of Senate Amendment No.
42, on page 1, by replacing line 6 with the following:
 
5"15-25, 15-30, 15-35, 15-40, 15-45, 15-65, and 15-70 as
6follows:"; and
 
7on page 27, immediately below line 9, by inserting the
8following:
 
9    "(705 ILCS 135/15-70)
10    (This Section may contain text from a Public Act with a
11delayed effective date)
12    (Section scheduled to be repealed on January 1, 2021)
13    Sec. 15-70. Conditional assessments. In addition to
14payments under one of the Schedule of Assessments 1 through 13
15of this Act, the court shall also order payment of any of the

 

 

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1following conditional assessment amounts for each sentenced
2violation in the case to which a conditional assessment is
3applicable, which shall be collected and remitted by the Clerk
4of the Circuit Court as provided in this Section:
5        (1) arson, residential arson, or aggravated arson,
6    $500 per conviction to the State Treasurer for deposit into
7    the Fire Prevention Fund;
8        (2) child pornography under Section 11-20.1 of the
9    Criminal Code of 1961 or the Criminal Code of 2012, $500
10    per conviction, unless more than one agency is responsible
11    for the arrest in which case the amount shall be remitted
12    to each unit of government equally:
13            (A) if the arresting agency is an agency of a unit
14        of local government, $500 to the treasurer of the unit
15        of local government for deposit into the unit of local
16        government's General Fund, except that if the
17        Department of State Police provides digital or
18        electronic forensic examination assistance, or both,
19        to the arresting agency then $100 to the State
20        Treasurer for deposit into the State Crime Laboratory
21        Fund; or
22            (B) if the arresting agency is the Department of
23        State Police, $500 to the State Treasurer for deposit
24        into the State Crime Laboratory Fund;
25        (3) crime laboratory drug analysis for a drug-related
26    offense involving possession or delivery of cannabis or

 

 

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1    possession or delivery of a controlled substance as defined
2    in the Cannabis Control Act, the Illinois Controlled
3    Substances Act, or the Methamphetamine Control and
4    Community Protection Act, $100 reimbursement for
5    laboratory analysis, as set forth in subsection (f) of
6    Section 5-9-1.4 of the Unified Code of Corrections;
7        (4) DNA analysis, $250 on each conviction in which it
8    was used to the State Treasurer for deposit into the State
9    Offender DNA Identification System Fund as set forth in
10    Section 5-4-3 of the Unified Code of Corrections;
11        (5) DUI analysis, $150 on each sentenced violation in
12    which it was used as set forth in subsection (f) of Section
13    5-9-1.9 of the Unified Code of Corrections;
14        (6) drug-related offense involving possession or
15    delivery of cannabis or possession or delivery of a
16    controlled substance, other than methamphetamine, as
17    defined in the Cannabis Control Act or the Illinois
18    Controlled Substances Act, an amount not less than the full
19    street value of the cannabis or controlled substance seized
20    for each conviction to be disbursed as follows:
21            (A) 12.5% of the street value assessment shall be
22        paid into the Youth Drug Abuse Prevention Fund, to be
23        used by the Department of Human Services for the
24        funding of programs and services for drug-abuse
25        treatment, and prevention and education services;
26            (B) 37.5% to the county in which the charge was

 

 

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1        prosecuted, to be deposited into the county General
2        Fund;
3            (C) 50% to the treasurer of the arresting law
4        enforcement agency of the municipality or county, or to
5        the State Treasurer if the arresting agency was a state
6        agency, to be deposited as provided for in subsection
7        (c) of Section 10-5;
8            (D) if the arrest was made in combination with
9        multiple law enforcement agencies, the clerk shall
10        equitably allocate the portion in subparagraph (C) of
11        this paragraph (6) among the law enforcement agencies
12        involved in the arrest;
13        (6.5) Kane County or Will County, in felony,
14    misdemeanor, local or county ordinance, traffic, or
15    conservation cases, up to $30 as set by the county board
16    under Section 5-1101.3 of the Counties Code upon the entry
17    of a judgment of conviction, an order of supervision, or a
18    sentence of probation without entry of judgment under
19    Section 10 of the Cannabis Control Act, Section 410 of the
20    Illinois Controlled Substances Act, Section 70 of the
21    Methamphetamine Control and Community Protection Act,
22    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
23    the Criminal Code of 1961 or the Criminal Code of 2012,
24    Section 10-102 of the Illinois Alcoholism and Other Drug
25    Dependency Act, or Section 10 of the Steroid Control Act;
26    except in local or county ordinance, traffic, and

 

 

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1    conservation cases, if fines are paid in full without a
2    court appearance, then the assessment shall not be imposed
3    or collected. Distribution of assessments collected under
4    this paragraph (6.5) shall be as provided in Section
5    5-1101.3 of the Counties Code;
6        (7) methamphetamine-related offense involving
7    possession or delivery of methamphetamine or any salt of an
8    optical isomer of methamphetamine or possession of a
9    methamphetamine manufacturing material as set forth in
10    Section 10 of the Methamphetamine Control and Community
11    Protection Act with the intent to manufacture a substance
12    containing methamphetamine or salt of an optical isomer of
13    methamphetamine, an amount not less than the full street
14    value of the methamphetamine or salt of an optical isomer
15    of methamphetamine or methamphetamine manufacturing
16    materials seized for each conviction to be disbursed as
17    follows:
18            (A) 12.5% of the street value assessment shall be
19        paid into the Youth Drug Abuse Prevention Fund, to be
20        used by the Department of Human Services for the
21        funding of programs and services for drug-abuse
22        treatment, and prevention and education services;
23            (B) 37.5% to the county in which the charge was
24        prosecuted, to be deposited into the county General
25        Fund;
26            (C) 50% to the treasurer of the arresting law

 

 

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1        enforcement agency of the municipality or county, or to
2        the State Treasurer if the arresting agency was a state
3        agency;
4            (D) if the arrest was made in combination with
5        multiple law enforcement agencies, the clerk shall
6        equitably allocate the portion in subparagraph (C) of
7        this paragraph (6) among the law enforcement agencies
8        involved in the arrest;
9        (8) order of protection violation under Section 12-3.4
10    of the Criminal Code of 2012, $200 for each conviction to
11    the county treasurer for deposit into the Probation and
12    Court Services Fund for implementation of a domestic
13    violence surveillance program and any other assessments or
14    fees imposed under Section 5-9-1.16 of the Unified Code of
15    Corrections;
16        (9) order of protection violation, $25 for each
17    violation to the State Treasurer, for deposit into the
18    Domestic Violence Abuser Services Fund;
19        (10) prosecution by the State's Attorney of a:
20            (A) petty or business offense, $4 to the county
21        treasurer of which $2 deposited into the State's
22        Attorney Records Automation Fund and $2 into the Public
23        Defender Records Automation Fund;
24            (B) conservation or traffic offense, $2 to the
25        county treasurer for deposit into the State's Attorney
26        Records Automation Fund;

 

 

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1        (11) speeding in a construction zone violation, $250 to
2    the State Treasurer for deposit into the Transportation
3    Safety Highway Hire-back Fund, unless (i) the violation
4    occurred on a highway other than an interstate highway and
5    (ii) a county police officer wrote the ticket for the
6    violation, in which case to the county treasurer for
7    deposit into that county's Transportation Safety Highway
8    Hire-back Fund;
9        (12) supervision disposition on an offense under the
10    Illinois Vehicle Code or similar provision of a local
11    ordinance, 50 cents, unless waived by the court, into the
12    Prisoner Review Board Vehicle and Equipment Fund;
13        (13) victim and offender are family or household
14    members as defined in Section 103 of the Illinois Domestic
15    Violence Act of 1986 and offender pleads guilty or no
16    contest to or is convicted of murder, voluntary
17    manslaughter, involuntary manslaughter, burglary,
18    residential burglary, criminal trespass to residence,
19    criminal trespass to vehicle, criminal trespass to land,
20    criminal damage to property, telephone harassment,
21    kidnapping, aggravated kidnaping, unlawful restraint,
22    forcible detention, child abduction, indecent solicitation
23    of a child, sexual relations between siblings,
24    exploitation of a child, child pornography, assault,
25    aggravated assault, battery, aggravated battery, heinous
26    battery, aggravated battery of a child, domestic battery,

 

 

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1    reckless conduct, intimidation, criminal sexual assault,
2    predatory criminal sexual assault of a child, aggravated
3    criminal sexual assault, criminal sexual abuse, aggravated
4    criminal sexual abuse, violation of an order of protection,
5    disorderly conduct, endangering the life or health of a
6    child, child abandonment, contributing to dependency or
7    neglect of child, or cruelty to children and others, $200
8    for each sentenced violation to the State Treasurer for
9    deposit as follows: (i) for sexual assault, as defined in
10    Section 5-9-1.7 of the Unified Code of Corrections, when
11    the offender and victim are family members, one-half to the
12    Domestic Violence Shelter and Service Fund, and one-half to
13    the Sexual Assault Services Fund; (ii) for the remaining
14    offenses to the Domestic Violence Shelter and Service Fund;
15        (14) violation of Section 11-501 of the Illinois
16    Vehicle Code, Section 5-7 of the Snowmobile Registration
17    and Safety Act, Section 5-16 of the Boat Registration and
18    Safety Act, or a similar provision, whose operation of a
19    motor vehicle, snowmobile, or watercraft while in
20    violation of Section 11-501, Section 5-7 of the Snowmobile
21    Registration and Safety Act, Section 5-16 of the Boat
22    Registration and Safety Act, or a similar provision
23    proximately caused an incident resulting in an appropriate
24    emergency response, $1,000 maximum to the public agency
25    that provided an emergency response related to the person's
26    violation, and if more than one agency responded, the

 

 

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1    amount payable to public agencies shall be shared equally;
2        (15) violation of Section 401, 407, or 407.2 of the
3    Illinois Controlled Substances Act that proximately caused
4    any incident resulting in an appropriate drug-related
5    emergency response, $1,000 as reimbursement for the
6    emergency response to the law enforcement agency that made
7    the arrest, and if more than one agency is responsible for
8    the arrest, the amount payable to law enforcement agencies
9    shall be shared equally;
10        (16) violation of reckless driving, aggravated
11    reckless driving, or driving 26 miles per hour or more in
12    excess of the speed limit that triggered an emergency
13    response, $1,000 maximum reimbursement for the emergency
14    response to be distributed in its entirety to a public
15    agency that provided an emergency response related to the
16    person's violation, and if more than one agency responded,
17    the amount payable to public agencies shall be shared
18    equally;
19        (17) violation based upon each plea of guilty,
20    stipulation of facts, or finding of guilt resulting in a
21    judgment of conviction or order of supervision for an
22    offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of
23    the Criminal Code of 2012 that results in the imposition of
24    a fine, to be distributed as follows:
25            (A) $50 to the county treasurer for deposit into
26        the Circuit Court Clerk Operation and Administrative

 

 

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1        Fund to cover the costs in administering this paragraph
2        (17);
3            (B) $300 to the State Treasurer who shall deposit
4        the portion as follows:
5                (i) if the arresting or investigating agency
6            is the Department of State Police, into the State
7            Police Law Enforcement Administration Fund;
8                (ii) if the arresting or investigating agency
9            is the Department of Natural Resources, into the
10            Conservation Police Operations Assistance Fund;
11                (iii) if the arresting or investigating agency
12            is the Secretary of State, into the Secretary of
13            State Police Services Fund;
14                (iv) if the arresting or investigating agency
15            is the Illinois Commerce Commission, into the
16            Public Utility Fund; or
17                (v) if more than one of the State agencies in
18            this subparagraph (B) is the arresting or
19            investigating agency, then equal shares with the
20            shares deposited as provided in the applicable
21            items (i) through (iv) of this subparagraph (B);
22            and
23            (C) the remainder for deposit into the Specialized
24        Services for Survivors of Human Trafficking Fund; and
25        (18) weapons violation under Section 24-1.1, 24-1.2,
26    or 24-1.5 of the Criminal Code of 1961 or the Criminal Code

 

 

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1    of 2012, $100 for each conviction to the State Treasurer
2    for deposit into the Trauma Center Fund.
3(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.)".