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| Public Act 094-0652 |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Unified Code of Corrections is amended by | ||||
changing Section 5-9-1 as follows:
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(730 ILCS 5/5-9-1) (from Ch. 38, par. 1005-9-1)
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Sec. 5-9-1. Authorized fines.
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(a) An offender may be sentenced to pay a
fine which shall | ||||
not exceed for each offense:
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(1) for a felony, $25,000 or the amount specified in | ||||
the
offense,
whichever is greater, or where the offender is | ||||
a corporation, $50,000 or
the amount specified in the | ||||
offense, whichever is greater;
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(2) for a Class A misdemeanor, $2,500 or the amount
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specified in the
offense, whichever is greater;
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(3) for a Class B or Class C misdemeanor, $1,500;
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(4) for a petty offense, $1,000 or the amount specified | ||||
in
the offense,
whichever is less;
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(5) for a business offense, the amount specified in the | ||||
statute defining
that offense.
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(b) A fine may be imposed in addition to a sentence of | ||||
conditional
discharge, probation, periodic imprisonment, or | ||||
imprisonment.
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(c) There shall be added to every fine imposed in | ||||
sentencing for a
criminal or traffic offense, except an offense | ||||
relating to parking or
registration, or offense by a | ||||
pedestrian, an additional penalty of $9
$5 for
each $40, or | ||||
fraction thereof, of fine imposed.
The additional penalty of $9
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$5 for each $40, or fraction thereof, of fine
imposed, if not | ||||
otherwise assessed, shall also be added to every fine
imposed | ||||
upon a plea of guilty, stipulation of facts or findings of | ||||
guilty,
resulting in a judgment of conviction, or order of | ||||
supervision in criminal,
traffic, local ordinance, county | ||
ordinance, and conservation cases (except
parking, | ||
registration, or pedestrian violations), or upon
a sentence of | ||
probation without entry of judgment under Section 10 of the
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Cannabis Control Act or Section 410 of the Controlled | ||
Substances Act.
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Such additional amounts shall be assessed by the court | ||
imposing
the fine and shall be collected by the Circuit Clerk | ||
in addition to the
fine and costs in the case. Each such | ||
additional penalty shall be
remitted by the Circuit Clerk | ||
within one month after receipt to the State
Treasurer. The | ||
State Treasurer shall deposit $1 for each $40, or fraction
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thereof, of fine imposed into the LEADS Maintenance Fund. The | ||
remaining
surcharge amount shall be deposited into the Traffic | ||
and Criminal Conviction
Surcharge
Fund, unless the fine, costs | ||
or additional amounts are subject to
disbursement by the | ||
circuit clerk under Section 27.5 of the Clerks of
Courts Act. | ||
Such additional penalty shall not be considered a part of the | ||
fine
for purposes of any reduction in the fine for time served | ||
either before or
after sentencing.
Not later than March 1 of | ||
each year the Circuit Clerk
shall submit a report of the amount | ||
of funds remitted to the State
Treasurer under this subsection | ||
(c) during the preceding calendar year.
Except as otherwise | ||
provided by Supreme Court Rules, if a court in imposing
a fine | ||
against an offender levies a gross
amount for fine, costs, fees | ||
and penalties, the amount of the additional
penalty provided | ||
for herein shall be computed on the amount remaining after
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deducting from the gross amount levied all fees of the Circuit | ||
Clerk, the
State's Attorney and the Sheriff. After deducting | ||
from the gross amount
levied the fees and additional penalty | ||
provided for herein, less any other
additional penalties | ||
provided by law, the clerk shall remit the net balance
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remaining to the entity authorized by law to receive the fine | ||
imposed in
the case. For purposes of this Section "fees of the | ||
Circuit Clerk" shall
include, if applicable, the fee provided | ||
for under Section 27.3a of the
Clerks of Courts Act and the | ||
fee, if applicable, payable to the county in
which the | ||
violation occurred pursuant to Section 5-1101 of the Counties | ||
Code.
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(c-5) In addition to the fines imposed by subsection (c), | ||
any person
convicted or receiving an order of supervision for | ||
driving under the influence
of alcohol or drugs shall pay an | ||
additional $100 fee to the clerk.
This
additional fee, less 2 | ||
1/2% that shall be
used to defray administrative costs incurred | ||
by the clerk, shall be remitted by
the clerk to the Treasurer | ||
within 60 days after receipt for deposit into the
Trauma Center | ||
Fund. This additional fee of $100 shall not be
considered a | ||
part of
the
fine for purposes of any reduction in the fine for | ||
time served either before or
after sentencing.
Not later than | ||
March 1 of each year the Circuit Clerk
shall submit a report of | ||
the amount of funds remitted to the State
Treasurer under this | ||
subsection (c-5) during the preceding calendar year.
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The Circuit Clerk may accept payment of fines and costs by | ||
credit card
from an offender who has been convicted of a | ||
traffic offense, petty offense
or misdemeanor and may charge | ||
the service fee permitted where fines and
costs are paid by | ||
credit card provided for in Section 27.3b of the Clerks
of | ||
Courts Act.
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(c-7) In addition to the fines imposed by subsection (c), | ||
any person
convicted or receiving an order of supervision for | ||
driving under the influence
of alcohol or drugs shall pay an | ||
additional $5 fee to the clerk. This
additional fee, less 2 | ||
1/2% that shall be
used to defray administrative costs incurred | ||
by the clerk, shall be remitted by
the clerk to the Treasurer | ||
within 60 days after receipt for deposit into the
Spinal Cord | ||
Injury Paralysis Cure Research Trust Fund. This additional fee | ||
of
$5 shall not be
considered a part of
the
fine for purposes | ||
of any reduction in the fine for time served either before or
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after sentencing.
Not later than March 1 of each year the | ||
Circuit Clerk
shall submit a report of the amount of funds | ||
remitted to the State
Treasurer under this subsection (c-7) | ||
during the preceding calendar year.
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(c-9) (Blank).
There shall be added to every fine imposed | ||
in sentencing for a
criminal or
traffic offense, except an | ||
offense relating to parking or registration, or
offense by a
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pedestrian, an additional penalty of $4 imposed. The additional | ||
penalty of $4
shall
also be added to every fine imposed upon a | ||
plea of guilty, stipulation of
facts
or findings
of guilty, | ||
resulting in a judgment of conviction, or order of supervision | ||
in
criminal,
traffic, local ordinance, county ordinance, or | ||
conservation cases (except
parking,
registration, or | ||
pedestrian violations), or upon a sentence of probation
without | ||
entry of
judgment under Section 10 of the Cannabis Control Act | ||
or Section 410 of the
Controlled
Substances Act. Such | ||
additional penalty of $4 shall be assessed by the court
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imposing
the fine and shall be collected by the circuit clerk | ||
in addition to any other
fine, costs, fees,
and penalties in | ||
the case. Each such additional penalty of $4 shall be
remitted | ||
to the State Treasurer by the
circuit clerk within one month | ||
after receipt. The State
Treasurer
shall deposit the additional | ||
penalty of $4 into the Traffic and Criminal
Conviction
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Surcharge Fund. The additional penalty of $4 shall be in | ||
addition to any other
fine,
costs, fees, and penalties and | ||
shall not reduce or affect the distribution of
any other fine,
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costs, fees, and penalties.
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(d) In determining the amount and method of payment of a | ||
fine, except
for those fines established for violations of | ||
Chapter 15 of the Illinois
Vehicle Code, the court shall | ||
consider:
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(1) the financial resources and future ability of the | ||
offender to pay
the fine; and
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(2) whether the fine will prevent the offender from | ||
making court ordered
restitution or reparation to the | ||
victim of the offense; and
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(3) in a case where the accused is a dissolved | ||
corporation and the
court has appointed counsel to | ||
represent the corporation, the costs
incurred either by the | ||
county or the State for such representation.
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(e) The court may order the fine to be paid forthwith or | ||
within a
specified period of time or in installments.
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(f) All fines, costs and additional amounts imposed under | ||
this Section
for any violation of Chapters 3, 4, 6, and 11 of | ||
the Illinois Vehicle Code,
or a similar provision of a local | ||
ordinance, and any violation of the Child
Passenger Protection | ||
Act, or a similar provision of a local ordinance,
shall be | ||
collected and disbursed by the circuit clerk as provided under
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Section 27.5 of the Clerks of Courts Act.
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(Source: P.A. 92-431, eff. 1-1-02; 93-32, eff. 6-20-03.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||