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90_SB1213
625 ILCS 5/16-105 from Ch. 95 1/2, par. 16-105
705 ILCS 105/27.5 from Ch. 25, par. 27.5
705 ILCS 105/27.6
730 ILCS 5/5-9-1 from Ch. 38, par. 1005-9-1
Amends the Illinois Vehicle Code, the Clerks of Courts
Act, and the Unified Code of Corrections. Provides that
fines collected for traffic violations committed on
Interstate highways shall be deposited into the Road Fund in
the State Treasury.
LRB9007024RCks
LRB9007024RCks
1 AN ACT in relation to fines, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Vehicle Code is amended by
5 changing Section 16-105 as follows:
6 (625 ILCS 5/16-105) (from Ch. 95 1/2, par. 16-105)
7 Sec. 16-105. Disposition of fines and forfeitures.
8 (a) Except as provided in Section 16-104a of this Act
9 and except for those amounts required to be paid into the
10 Traffic and Criminal Conviction Surcharge Fund in the State
11 Treasury pursuant to Section 9.1 of the Illinois Police
12 Training Act and Section 5-9-1 of the Unified Code of
13 Corrections and except those amounts subject to disbursement
14 by the circuit clerk under Section 27.5 of the Clerks of
15 Courts Act, fines and penalties recovered under the
16 provisions of Chapters 11 through 16 inclusive of this Code
17 shall be paid and used as follows:
18 1. Except as provided in paragraph 5, for offenses
19 committed upon a highway within the limits of a city,
20 village, or incorporated town or under the jurisdiction
21 of any park district, to the treasurer of the particular
22 city, village, incorporated town or park district, if the
23 violator was arrested by the authorities of the city,
24 village, incorporated town or park district, provided the
25 police officers and officials of cities, villages,
26 incorporated towns and park districts shall seasonably
27 prosecute for all fines and penalties under this Code.
28 Except as provided in paragraph 5, if the violation is
29 prosecuted by the authorities of the county, any fines or
30 penalties recovered shall be paid to the county
31 treasurer. Provided further that if the violator was
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1 arrested by the State Police, fines and penalties
2 recovered under the provisions of paragraph (a) of
3 Section 15-113 of this Code or paragraph (e) of Section
4 15-316 of this Code shall be paid over to the Department
5 of State Police which shall thereupon remit the amount of
6 the fines and penalties so received to the State
7 Treasurer who shall deposit the amount so remitted in the
8 special fund in the State treasury known as the Road Fund
9 except that if the violation is prosecuted by the State's
10 Attorney, 10% of the fine or penalty recovered shall be
11 paid to the State's Attorney as a fee of his office and
12 the balance shall be paid over to the Department of State
13 Police for remittance to and deposit by the State
14 Treasurer as hereinabove provided.
15 2. Except as provided in paragraphs paragraph 4 and
16 5, for offenses committed upon any highway outside the
17 limits of a city, village, incorporated town or park
18 district, to the county treasurer of the county where the
19 offense was committed except if such offense was
20 committed on a highway maintained by or under the
21 supervision of a township, township district, or a road
22 district to the Treasurer thereof for deposit in the road
23 and bridge fund of such township or other district;
24 Provided, that fines and penalties recovered under the
25 provisions of paragraph (a) of Section 15-113, paragraph
26 (d) of Section 3-401, or paragraph (e) of Section 15-316
27 of this Code shall be paid over to the Department of
28 State Police which shall thereupon remit the amount of
29 the fines and penalties so received to the State
30 Treasurer who shall deposit the amount so remitted in the
31 special fund in the State treasury known as the Road Fund
32 except that if the violation is prosecuted by the State's
33 Attorney, 10% of the fine or penalty recovered shall be
34 paid to the State's Attorney as a fee of his office and
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1 the balance shall be paid over to the Department of State
2 Police for remittance to and deposit by the State
3 Treasurer as hereinabove provided.
4 3. Notwithstanding subsections 1 and 2 of this
5 paragraph, for violations of overweight and overload
6 limits found in Sections 15-101 through 15-203 of this
7 Code, which are committed upon the highways belonging to
8 the Illinois State Toll Highway Authority, fines and
9 penalties shall be paid over to the Illinois State Toll
10 Highway Authority for deposit with the State Treasurer
11 into that special fund known as the Illinois State Toll
12 Highway Authority Fund, except that if the violation is
13 prosecuted by the State's Attorney, 10% of the fine or
14 penalty recovered shall be paid to the State's Attorney
15 as a fee of his office and the balance shall be paid over
16 to the Illinois State Toll Highway Authority for
17 remittance to and deposit by the State Treasurer as
18 hereinabove provided.
19 4. Except as provided in paragraph 5, with regard
20 to violations of overweight and overload limits found in
21 Sections 15-101 through 15-203 of this Code committed by
22 operators of vehicles registered as Special Hauling
23 Vehicles, for offenses committed upon a highway within
24 the limits of a city, village, or incorporated town or
25 under the jurisdiction of any park district, all fines
26 and penalties shall be paid over or retained as required
27 in paragraph 1. Except as provided in paragraph 5
28 However, with regard to the above offenses committed by
29 operators of vehicles registered as Special Hauling
30 Vehicles upon any highway outside the limits of a city,
31 village, incorporated town or park district, fines and
32 penalties shall be paid over or retained by the entity
33 having jurisdiction over the road or highway upon which
34 the offense occurred, except that if the violation is
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1 prosecuted by the State's Attorney, 10% of the fine or
2 penalty recovered shall be paid to the State's Attorney
3 as a fee of his office.
4 5. For offenses committed upon an Interstate
5 highway on or after the effective date of this amendatory
6 Act of 1997, all fines and penalties shall be remitted by
7 the circuit clerk to the State Treasurer who shall
8 deposit the amount so remitted in the special fund in the
9 State treasury known as the Road Fund.
10 (b) Failure, refusal or neglect on the part of any
11 judicial or other officer or employee receiving or having
12 custody of any such fine or forfeiture either before or after
13 a deposit with the proper official as defined in paragraph
14 (a) of this Section, shall constitute misconduct in office
15 and shall be grounds for removal therefrom.
16 (Source: P.A. 88-403; 88-476; 88-535; 89-117, eff. 7-7-95.)
17 Section 10. The Clerks of Courts Act is amended by
18 changing Sections 27.5 and 27.6 as follows:
19 (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
20 Sec. 27.5. All fees, fines, costs, additional penalties,
21 bail balances assessed or forfeited, and any other amount
22 paid by a person to the circuit clerk that equals an amount
23 less than $55, except restitution under Section 5-5-6 of the
24 Unified Code of Corrections, reimbursement for the costs of
25 an emergency response as provided under Section 5-5-3 of the
26 Unified Code of Corrections, any fees collected for attending
27 a traffic safety program under paragraph (c) of Supreme Court
28 Rule 529, any fee collected on behalf of a State's Attorney
29 under Section 4-2002 of the Counties Code or a sheriff under
30 Section 4-5001 of the Counties Code, or any cost imposed
31 under Section 124A-5 of the Code of Criminal Procedure of
32 1963, for convictions, orders of supervision, or any other
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1 disposition for a violation of Chapters 3, 4, 6, 11, and 12
2 of the Illinois Vehicle Code, or a similar provision of a
3 local ordinance, and any violation of the Child Passenger
4 Protection Act, or a similar provision of a local ordinance,
5 shall be disbursed within 60 days after receipt by the
6 circuit clerk as follows: 47% shall be disbursed to the
7 entity authorized by law to receive the fine imposed in the
8 case; 12% shall be disbursed to the State Treasurer; and 41%
9 shall be disbursed to the county's general corporate fund. Of
10 the 12% disbursed to the State Treasurer, 1/6 shall be
11 deposited by the State Treasurer into the Violent Crime
12 Victims Assistance Fund, 1/2 shall be deposited into the
13 Traffic and Criminal Conviction Surcharge Fund, and 1/3 shall
14 be deposited into the Drivers Education Fund. For fiscal
15 years 1992 and 1993, amounts deposited into the Violent Crime
16 Victims Assistance Fund, the Traffic and Criminal Conviction
17 Surcharge Fund, or the Drivers Education Fund shall not
18 exceed 110% of the amounts deposited into those funds in
19 fiscal year 1991. Any amount that exceeds the 110% limit
20 shall be distributed as follows: 50% shall be disbursed to
21 the county's general corporate fund and 50% shall be
22 disbursed to the entity authorized by law to receive the fine
23 imposed in the case. Not later than March 1 of each year the
24 circuit clerk shall submit a report of the amount of funds
25 remitted to the State Treasurer under this Section during the
26 preceding year based upon independent verification of fines
27 and fees. All counties shall be subject to this Section,
28 except that counties with a population under 2,000,000 may,
29 by ordinance, elect not to be subject to this Section. For
30 offenses subject to this Section, judges shall impose one
31 total sum of money payable for violations. The circuit clerk
32 may add on no additional amounts except for amounts that are
33 required by Sections 27.3a and 27.3c of this Act, unless
34 those amounts are specifically waived by the judge. With
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1 respect to money collected by the circuit clerk as a result
2 of forfeiture of bail, ex parte judgment or guilty plea
3 pursuant to Supreme Court Rule 529, the circuit clerk shall
4 first deduct and pay amounts required by Sections 27.3a and
5 27.3c of this Act. This Section is a denial and limitation of
6 home rule powers and functions under subsection (h) of
7 Section 6 of Article VII of the Illinois Constitution. Fines
8 paid by a person convicted of or placed on supervision for a
9 violation of Chapter 3, 4, 6, 11, or 12 of the Illinois
10 Vehicle Code, the Child Passenger Protection Act, or a
11 similar provision of a local ordinance committed, on or after
12 the effective date of this amendatory Act of 1997, on an
13 Interstate highway as defined in the Illinois Vehicle Code
14 shall be disbursed as provided in paragraph 5 of subsection
15 (a) of Section 16-105 of the Illinois Vehicle Code.
16 (Source: P.A. 89-234, eff. 1-1-96.)
17 (705 ILCS 105/27.6)
18 Sec. 27.6. (a) All fees, fines, costs, additional
19 penalties, bail balances assessed or forfeited, and any other
20 amount paid by a person to the circuit clerk equalling an
21 amount of $55 or more, except the additional fee required by
22 subsections (b) and (c), restitution under Section 5-5-6 of
23 the Unified Code of Corrections, reimbursement for the costs
24 of an emergency response as provided under Section 5-5-3 of
25 the Unified Code of Corrections, any fees collected for
26 attending a traffic safety program under paragraph (c) of
27 Supreme Court Rule 529, any fee collected on behalf of a
28 State's Attorney under Section 4-2002 of the Counties Code or
29 a sheriff under Section 4-5001 of the Counties Code, or any
30 cost imposed under Section 124A-5 of the Code of Criminal
31 Procedure of 1963, for convictions, orders of supervision, or
32 any other disposition for a violation of Chapters 3, 4, 6,
33 11, and 12 of the Illinois Vehicle Code, or a similar
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1 provision of a local ordinance, and any violation of the
2 Child Passenger Protection Act, or a similar provision of a
3 local ordinance, shall be disbursed within 60 days after
4 receipt by the circuit clerk as follows: 44.5% shall be
5 disbursed to the entity authorized by law to receive the fine
6 imposed in the case; 16.825% shall be disbursed to the State
7 Treasurer; and 38.675% shall be disbursed to the county's
8 general corporate fund. Of the 16.825% disbursed to the State
9 Treasurer, 2/17 shall be deposited by the State Treasurer
10 into the Violent Crime Victims Assistance Fund, 5.052/17
11 shall be deposited into the Traffic and Criminal Conviction
12 Surcharge Fund, 3/17 shall be deposited into the Drivers
13 Education Fund, and 6.948/17 shall be deposited into the
14 Trauma Center Fund. Of the 6.948/17 deposited into the Trauma
15 Center Fund from the 16.825% disbursed to the State
16 Treasurer, 50% shall be disbursed to the Department of Public
17 Health and 50% shall be disbursed to the Department of Public
18 Aid. For fiscal year 1993, amounts deposited into the Violent
19 Crime Victims Assistance Fund, the Traffic and Criminal
20 Conviction Surcharge Fund, or the Drivers Education Fund
21 shall not exceed 110% of the amounts deposited into those
22 funds in fiscal year 1991. Any amount that exceeds the 110%
23 limit shall be distributed as follows: 50% shall be
24 disbursed to the county's general corporate fund and 50%
25 shall be disbursed to the entity authorized by law to receive
26 the fine imposed in the case. Not later than March 1 of each
27 year the circuit clerk shall submit a report of the amount of
28 funds remitted to the State Treasurer under this Section
29 during the preceding year based upon independent verification
30 of fines and fees. All counties shall be subject to this
31 Section, except that counties with a population under
32 2,000,000 may, by ordinance, elect not to be subject to this
33 Section. For offenses subject to this Section, judges shall
34 impose one total sum of money payable for violations. The
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1 circuit clerk may add on no additional amounts except for
2 amounts that are required by Sections 27.3a and 27.3c of this
3 Act, unless those amounts are specifically waived by the
4 judge. With respect to money collected by the circuit clerk
5 as a result of forfeiture of bail, ex parte judgment or
6 guilty plea pursuant to Supreme Court Rule 529, the circuit
7 clerk shall first deduct and pay amounts required by Sections
8 27.3a and 27.3c of this Act. This Section is a denial and
9 limitation of home rule powers and functions under subsection
10 (h) of Section 6 of Article VII of the Illinois Constitution.
11 (b) In addition to any other fines and court costs
12 assessed by the courts, any person convicted or receiving an
13 order of supervision for driving under the influence of
14 alcohol or drugs shall pay an additional fee of $25 to the
15 clerk of the circuit court. This amount, less 2 1/2% that
16 shall be used to defray administrative costs incurred by the
17 clerk, shall be remitted by the clerk to the Treasurer within
18 60 days after receipt for deposit into the Trauma Center
19 Fund. This additional fee of $25 shall not be considered a
20 part of the fine for purposes of any reduction in the fine
21 for time served either before or after sentencing. Not later
22 than March 1 of each year the Circuit Clerk shall submit a
23 report of the amount of funds remitted to the State Treasurer
24 under this subsection during the preceding calendar year.
25 (c) In addition to any other fines and court costs
26 assessed by the courts, any person convicted for a violation
27 of Sections 24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of
28 1961 or a person sentenced for a violation of the Cannabis
29 Control Act or the Controlled Substance Act shall pay an
30 additional fee of $100 to the clerk of the circuit court.
31 This amount, less 2 1/2% that shall be used to defray
32 administrative costs incurred by the clerk, shall be remitted
33 by the clerk to the Treasurer within 60 days after receipt
34 for deposit into the Trauma Center Fund. This additional fee
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1 of $100 shall not be considered a part of the fine for
2 purposes of any reduction in the fine for time served either
3 before or after sentencing. Not later than March 1 of each
4 year the Circuit Clerk shall submit a report of the amount of
5 funds remitted to the State Treasurer under this subsection
6 during the preceding calendar year. Fines paid by a person
7 convicted of or placed on supervision for a violation of
8 Chapter 3, 4, 6, 11, or 12 of the Illinois Vehicle Code, the
9 Child Passenger Protection Act, or a similar provision of a
10 local ordinance committed, on or after the effective date of
11 this amendatory Act of 1997, on an Interstate highway as
12 defined in the Illinois Vehicle Code shall be disbursed as
13 provided in paragraph 5 of subsection (a) of Section 16-105
14 of the Illinois Vehicle Code.
15 (Source: P.A. 89-105, eff. 1-1-96; 89-234, eff. 1-1-96;
16 89-516, eff. 7-18-96; 89-626, eff. 8-9-96.)
17 Section 15. The Unified Code of Corrections is amended
18 by changing Section 5-9-1 as follows:
19 (730 ILCS 5/5-9-1) (from Ch. 38, par. 1005-9-1)
20 Sec. 5-9-1. Authorized fines.
21 (a) An offender may be sentenced to pay a fine which
22 shall not exceed for each offense:
23 (1) for a felony, $25,000 or the amount specified
24 in the offense, whichever is greater, or where the
25 offender is a corporation, $50,000 or the amount
26 specified in the offense, whichever is greater;
27 (2) for a Class A misdemeanor, $2,500 or the amount
28 specified in the offense, whichever is greater;
29 (3) for a Class B or Class C misdemeanor, $1,500;
30 (4) for a petty offense, $1,000 or the amount
31 specified in the offense, whichever is less;
32 (5) for a business offense, the amount specified in
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1 the statute defining that offense.
2 (b) A fine may be imposed in addition to a sentence of
3 conditional discharge, probation, periodic imprisonment, or
4 imprisonment.
5 (c) There shall be added to every fine imposed in
6 sentencing for a criminal or traffic offense, except an
7 offense relating to parking or registration, or offense by a
8 pedestrian, an additional penalty of $5 for each $40, or
9 fraction thereof, of fine imposed. The additional penalty of
10 $5 for each $40, or fraction thereof, of fine imposed, if not
11 otherwise assessed, shall also be added to every fine imposed
12 upon a plea of guilty, stipulation of facts or findings of
13 guilty, resulting in a judgment of conviction, or order of
14 supervision in criminal, traffic, local ordinance, county
15 ordinance, and conservation cases (except parking,
16 registration, or pedestrian violations), or upon a sentence
17 of probation without entry of judgment under Section 10 of
18 the Cannabis Control Act or Section 410 of the Controlled
19 Substances Act.
20 Such additional amounts shall be assessed by the court
21 imposing the fine and shall be collected by the Circuit Clerk
22 in addition to the fine and costs in the case. Each such
23 additional penalty shall be remitted by the Circuit Clerk
24 within one month after receipt to the State Treasurer. The
25 State Treasurer shall deposit $1 for each $40, or fraction
26 thereof, of fine imposed into the LEADS Maintenance Fund.
27 The remaining surcharge amount shall be deposited into the
28 Traffic and Criminal Conviction Surcharge Fund, unless the
29 fine, costs or additional amounts are subject to disbursement
30 by the circuit clerk under Section 27.5 of the Clerks of
31 Courts Act. Such additional penalty shall not be considered
32 a part of the fine for purposes of any reduction in the fine
33 for time served either before or after sentencing. Not
34 later than March 1 of each year the Circuit Clerk shall
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1 submit a report of the amount of funds remitted to the State
2 Treasurer under this subsection (c) during the preceding
3 calendar year. Except as otherwise provided by Supreme Court
4 Rules, if a court in imposing a fine against an offender
5 levies a gross amount for fine, costs, fees and penalties,
6 the amount of the additional penalty provided for herein
7 shall be computed on the amount remaining after deducting
8 from the gross amount levied all fees of the Circuit Clerk,
9 the State's Attorney and the Sheriff. After deducting from
10 the gross amount levied the fees and additional penalty
11 provided for herein, less any other additional penalties
12 provided by law, the clerk shall remit the net balance
13 remaining to the entity authorized by law to receive the fine
14 imposed in the case. For purposes of this Section "fees of
15 the Circuit Clerk" shall include, if applicable, the fee
16 provided for under Section 27.3a of the Clerks of Courts Act
17 and the fee, if applicable, payable to the county in which
18 the violation occurred pursuant to Section 5-1101 of the
19 Counties Code.
20 (c-5) In addition to the fines imposed by subsection
21 (c), any person convicted or receiving an order of
22 supervision for driving under the influence of alcohol or
23 drugs shall pay an additional $25 fee to the clerk. This
24 additional fee, less 2 1/2% that shall be used to defray
25 administrative costs incurred by the clerk, shall be remitted
26 by the clerk to the Treasurer within 60 days after receipt
27 for deposit into the Trauma Center Fund. This additional fee
28 of $25 shall not be considered a part of the fine for
29 purposes of any reduction in the fine for time served either
30 before or after sentencing. Not later than March 1 of each
31 year the Circuit Clerk shall submit a report of the amount of
32 funds remitted to the State Treasurer under this subsection
33 (c-5) during the preceding calendar year.
34 The Circuit Clerk may accept payment of fines and costs
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1 by credit card from an offender who has been convicted of a
2 traffic offense, petty offense or misdemeanor and may charge
3 the service fee permitted where fines and costs are paid by
4 credit card provided for in Section 27.3b of the Clerks of
5 Courts Act.
6 (d) In determining the amount and method of payment of a
7 fine, except for those fines established for violations of
8 Chapter 15 of the Illinois Vehicle Code, the court shall
9 consider:
10 (1) the financial resources and future ability of
11 the offender to pay the fine; and
12 (2) whether the fine will prevent the offender from
13 making court ordered restitution or reparation to the
14 victim of the offense; and
15 (3) in a case where the accused is a dissolved
16 corporation and the court has appointed counsel to
17 represent the corporation, the costs incurred either by
18 the county or the State for such representation.
19 (e) The court may order the fine to be paid forthwith or
20 within a specified period of time or in installments.
21 (f) Except as provided in paragraph 5 of subsection (a)
22 of Section 16-105 of the Illinois Vehicle Code, all fines,
23 costs and additional amounts imposed under this Section for
24 any violation of Chapters 3, 4, 6, and 11 of the Illinois
25 Vehicle Code, or a similar provision of a local ordinance,
26 and any violation of the Child Passenger Protection Act, or a
27 similar provision of a local ordinance, shall be collected
28 and disbursed by the circuit clerk as provided under Section
29 27.5 of the Clerks of Courts Act.
30 (Source: P.A. 89-105, eff. 1-1-96; 90-130, eff. 1-1-98;
31 90-384, eff. 1-1-98; revised 10-3-97.)