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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CORRECTIONS (730 ILCS 5/) Unified Code of Corrections. 730 ILCS 5/5-9-1.2
(730 ILCS 5/5-9-1.2) (from Ch. 38, par. 1005-9-1.2)
Sec. 5-9-1.2. (a) Twelve and one-half percent of all amounts collected
as fines pursuant to Section 5-9-1.1 shall be paid into the Youth Drug
Abuse Prevention Fund, which is hereby created in the State treasury, to be
used by the Department of Human Services
for the funding of
programs and services for drug-abuse treatment, and prevention and
education services, for juveniles.
(b) Eighty-seven and one-half percent of the proceeds of all fines
received pursuant to Section 5-9-1.1 shall be transmitted to and deposited
in the treasurer's office at the level of government as follows:
(1) If such seizure was made by a combination of law | | enforcement personnel representing differing units of local government, the court levying the fine shall equitably allocate 50% of the fine among these units of local government and shall allocate 37 1/2% to the county general corporate fund. In the event that the seizure was made by law enforcement personnel representing a unit of local government from a municipality where the number of inhabitants exceeds 2 million in population, the court levying the fine shall allocate 87 1/2% of the fine to that unit of local government. If the seizure was made by a combination of law enforcement personnel representing differing units of local government, and at least one of those units represents a municipality where the number of inhabitants exceeds 2 million in population, the court shall equitably allocate 87 1/2% of the proceeds of the fines received among the differing units of local government.
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(2) If such seizure was made by State law enforcement
| | personnel, then the court shall allocate 37 1/2% to the State treasury and 50% to the county general corporate fund.
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(3) If a State law enforcement agency in combination
| | with a law enforcement agency or agencies of a unit or units of local government conducted the seizure, the court shall equitably allocate 37 1/2% of the fines to or among the law enforcement agency or agencies of the unit or units of local government which conducted the seizure and shall allocate 50% to the county general corporate fund.
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(c) The proceeds of all fines allocated to the law enforcement agency or
agencies of the unit or units of local government pursuant to subsection
(b) shall be made available to that law enforcement agency as expendable
receipts for use in the enforcement of laws regulating controlled
substances and cannabis. The proceeds of fines awarded to the State
treasury shall be deposited in a special fund known as the Drug Traffic
Prevention Fund. Monies from this fund may be used by the Illinois State Police for use in the enforcement of laws regulating controlled
substances and cannabis; to satisfy funding provisions of the
Intergovernmental Drug Laws Enforcement Act; and to defray costs and
expenses
associated with returning violators of the Cannabis Control Act, the
Illinois Controlled Substances Act, and the Methamphetamine Control and Community Protection Act only, as provided in those Acts, when
punishment of the crime shall be confinement of the criminal in the
penitentiary. Moneys in the Drug Traffic Prevention Fund deposited from
fines
awarded
as a direct result of enforcement efforts of the Illinois Conservation Police
may be used by the Department of Natural Resources Office of Law
Enforcement for use in enforcing laws regulating controlled substances
and cannabis on Department of Natural Resources regulated lands and
waterways. All other monies shall be paid into the general revenue
fund in the State treasury.
(d) There is created in the State treasury the Methamphetamine Law Enforcement Fund. Moneys in the Fund shall be equitably allocated to local law enforcement agencies to: (1) reimburse those agencies for the costs of securing and cleaning up sites and facilities used for the illegal manufacture of methamphetamine; (2) defray the costs of employing full-time or part-time peace officers from a Metropolitan Enforcement Group or other local drug task force, including overtime costs for those officers; and (3) defray the costs associated with medical or dental expenses incurred by the county resulting from the incarceration of methamphetamine addicts in the county jail or County Department of Corrections.
(Source: P.A. 102-538, eff. 8-20-21.)
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730 ILCS 5/5-9-1.3
(730 ILCS 5/5-9-1.3) (from Ch. 38, par. 1005-9-1.3)
Sec. 5-9-1.3. Fines for offenses involving theft, deceptive practices, and
offenses against units of local government or school districts.
(a) When a person
has been adjudged guilty of a felony under
Section 16-1, 16D-3, 16D-4, 16D-5, 16D-5.5, 17-1, 17-50, 17-51, 17-52, 17-52.5, or subsection (a) of Section 17-32 of the Criminal Code of 1961 or the Criminal Code of 2012, a fine may be
levied by the court in an amount which is the greater of $25,000 or twice
the value of the property which is the subject of the offense.
(b) When a person has been convicted of a felony under Section 16-1 of the
Criminal Code of 1961 or the Criminal Code of 2012 and the theft was committed upon any unit of local
government or school district, or
the person has been convicted of any violation of Sections 33C-1 through 33C-4
or Sections 33E-3 through 33E-18, or subsection (a), (b), (c), or (d) of Section 17-10.3, of the Criminal Code of 1961 or the Criminal Code of 2012, a fine may be
levied by the
court in an amount that is the greater of $25,000 or treble the value of the
property which is the subject of the offense or loss to the unit of local
government or school district.
(c) All fines imposed under subsection (b) of this Section shall be
distributed as follows:
(1) An amount equal to 30% shall be distributed to | | the unit of local government or school district that was the victim of the offense;
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(2) An amount equal to 30% shall be distributed to
| | the unit of local government whose officers or employees conducted the investigation into the crimes against the unit of local government or school district. Amounts distributed to units of local government shall be used solely for the enforcement of criminal laws protecting units of local government or school districts;
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(3) An amount equal to 30% shall be distributed to
| | the State's Attorney of the county in which the prosecution resulting in the conviction was instituted. The funds shall be used solely for the enforcement of criminal laws protecting units of local government or school districts; and
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(4) An amount equal to 10% shall be distributed to
| | the circuit court clerk of the county where the prosecution resulting in the conviction was instituted.
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(d) A fine order under subsection (b) of this Section is a judgment lien in
favor of the victim unit of local government or school district, the State's
Attorney of the county where
the
violation
occurred, the law enforcement agency that investigated the violation, and the
circuit court clerk.
(Source: P.A. 96-1200, eff. 7-22-10; 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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730 ILCS 5/5-9-1.4
(730 ILCS 5/5-9-1.4) (from Ch. 38, par. 1005-9-1.4)
(Text of Section from P.A. 103-363)
Sec. 5-9-1.4. (a) "Crime laboratory" means any not-for-profit
laboratory registered with the Drug Enforcement Administration of the
United States Department of Justice, substantially funded by a unit or
combination of units of local government or the State of Illinois, which
regularly employs at least one person engaged in the analysis
of controlled substances, cannabis, methamphetamine, or steroids for criminal justice
agencies in criminal matters and provides testimony with respect to such
examinations.
(b) (Blank).
(c) In addition to any other disposition made pursuant to the provisions
of the Juvenile Court Act of 1987, any minor adjudicated delinquent for an
offense
which if committed by an adult would constitute a violation of the Cannabis
Control Act, the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Steroid Control
Act shall be required to pay a criminal laboratory analysis assessment of $100
for each
adjudication.
Upon verified petition of the minor, the court may suspend payment of
all or part of the assessment if it finds that the minor does not have the ability
to pay the assessment.
The parent, guardian, or legal custodian of the minor may pay
some or all of such assessment on the minor's behalf.
(d) All criminal laboratory analysis fees provided for by this Section shall
be collected by the clerk of the court and forwarded to the appropriate
crime laboratory fund as provided in subsection (f).
(e) Crime laboratory funds shall be established as follows:
(1) Any unit of local government which maintains a | | crime laboratory may establish a crime laboratory fund within the office of the county or municipal treasurer.
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(2) Any combination of units of local government
| | which maintains a crime laboratory may establish a crime laboratory fund within the office of the treasurer of the county where the crime laboratory is situated.
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(3) The State Crime Laboratory Fund is hereby created
| | as a special fund in the State Treasury.
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(f) The analysis assessment provided for in subsection (c) of this
Section shall be forwarded to the office of the treasurer of the unit of
local government that performed the analysis if that unit of local
government has established a crime laboratory fund, or to the State Crime
Laboratory Fund if the analysis was performed by a laboratory operated by
the Illinois State Police. If the analysis was performed by a crime
laboratory funded by a combination of units of local government, the
analysis assessment shall be forwarded to the treasurer of the
county where the crime laboratory is situated if a crime laboratory fund
has been established in that county. If the unit of local government or
combination of units of local government has not established a crime
laboratory fund, then the analysis assessment shall be forwarded to the State
Crime Laboratory Fund.
(g) Moneys deposited into a crime laboratory fund created pursuant to paragraph
(1) or (2) of subsection (e) of this Section shall be in
addition to any allocations made pursuant to existing law and shall be
designated for the exclusive use of the crime laboratory. These uses may
include, but are not limited to, the following:
(1) costs incurred in providing analysis for
| | controlled substances in connection with criminal investigations conducted within this State;
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(2) purchase and maintenance of equipment for use in
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(3) continuing education, training, and professional
| | development of forensic scientists regularly employed by these laboratories.
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(h) Moneys deposited in the State Crime Laboratory Fund created pursuant
to paragraph (3) of subsection (d) of this Section shall be used by State
crime laboratories as designated by the Director of the Illinois State Police. These
funds shall be in addition to any allocations made pursuant to existing law
and shall be designated for the exclusive use of State crime laboratories or for the sexual assault evidence tracking system created under Section 50 of the Sexual Assault Evidence Submission Act.
These uses may include those enumerated in subsection (g) of this Section.
(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-363, eff. 7-28-23.)
(Text of Section from P.A. 103-379)
Sec. 5-9-1.4. (a) "Crime laboratory" means any not-for-profit
laboratory registered with the Drug Enforcement Administration of the
United States Department of Justice, substantially funded by a unit or
combination of units of local government or the State of Illinois, which
regularly employs at least one person engaged in the analysis
of controlled substances, cannabis, methamphetamine, or steroids for criminal justice
agencies in criminal matters and provides testimony with respect to such
examinations.
(b) (Blank).
(c) (Blank).
(c-1) A criminal laboratory analysis assessment, or equivalent fine or assessment, such as fees or administrative costs, shall not be ordered or imposed on a minor subject to Article III, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian.
(d) Notwithstanding subsection (c-1) of this Section, all funds provided for by this Section shall
be collected by the clerk of the court and forwarded to the appropriate
crime laboratory fund as provided in subsection (f).
(e) Crime laboratory funds shall be established as follows:
(1) Any unit of local government which maintains a
| | crime laboratory may establish a crime laboratory fund within the office of the county or municipal treasurer.
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(2) Any combination of units of local government
| | which maintains a crime laboratory may establish a crime laboratory fund within the office of the treasurer of the county where the crime laboratory is situated.
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(3) The State Crime Laboratory Fund is hereby created
| | as a special fund in the State Treasury. Notwithstanding any other provision of law to the contrary, and in addition to any other transfers that may be provided by law, on August 20, 2021 (the effective date of Public Act 102-505), or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balance from the State Offender DNA Identification System Fund into the State Crime Laboratory Fund. Upon completion of the transfer, the State Offender DNA Identification System Fund is dissolved, and any future deposits due to that Fund and any outstanding obligations or liabilities of that Fund shall pass to the State Crime Laboratory Fund.
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(f) Funds shall be forwarded to the office of the treasurer of the unit of
local government that performed the analysis if that unit of local
government has established a crime laboratory fund, or to the State Crime
Laboratory Fund if the analysis was performed by a laboratory operated by
the Illinois State Police. If the analysis was performed by a crime
laboratory funded by a combination of units of local government, the
funds shall be forwarded to the treasurer of the
county where the crime laboratory is situated if a crime laboratory fund
has been established in that county. If the unit of local government or
combination of units of local government has not established a crime
laboratory fund, then the funds shall be forwarded to the State
Crime Laboratory Fund.
(g) Moneys deposited into a crime laboratory fund created pursuant to paragraph
(1) or (2) of subsection (e) of this Section shall be in
addition to any allocations made pursuant to existing law and shall be
designated for the exclusive use of the crime laboratory. These uses may
include, but are not limited to, the following:
(1) costs incurred in providing analysis for
| | controlled substances in connection with criminal investigations conducted within this State;
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(2) purchase and maintenance of equipment for use in
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(3) continuing education, training, and professional
| | development of forensic scientists regularly employed by these laboratories.
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(h) Moneys deposited in the State Crime Laboratory Fund created pursuant
to paragraph (3) of subsection (d) of this Section shall be used by State
crime laboratories as designated by the Director of the Illinois State Police. These
funds shall be in addition to any allocations made pursuant to existing law
and shall be designated for the exclusive use of State crime laboratories or for the sexual assault evidence tracking system created under Section 50 of the Sexual Assault Evidence Submission Act.
These uses may include those enumerated in subsection (g) of this Section.
(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-379, eff. 7-28-23.)
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