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| Public Act 096-0402 |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Unified Code of Corrections is amended by | ||||
changing Sections 5-9-1.1 and 5-9-1.1-5 as follows:
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(730 ILCS 5/5-9-1.1) (from Ch. 38, par. 1005-9-1.1)
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(Text of Section from P.A. 94-550)
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Sec. 5-9-1.1. Drug related offenses.
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(a) When a person has been adjudged guilty of a drug | ||||
related
offense involving possession or delivery of cannabis or | ||||
possession or delivery
of a controlled substance, other than | ||||
methamphetamine, as defined in the Cannabis Control Act, as | ||||
amended,
or the Illinois Controlled Substances Act, as amended, | ||||
in addition to any
other penalty imposed, a fine shall be | ||||
levied by the court at not less than
the full street value of | ||||
the cannabis or controlled substances seized.
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"Street value" shall be determined by the court on the | ||||
basis of testimony
of law enforcement personnel and the | ||||
defendant as to the amount seized and
such testimony as may be | ||||
required by the court as to the current street
value of the | ||||
cannabis or controlled substance seized.
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(b) In addition to any penalty imposed under subsection (a) | ||||
of this
Section, a fine of
$100 shall be levied by the court, | ||||
the proceeds of which
shall be collected by the Circuit Clerk | ||
and remitted to the State Treasurer
under Section 27.6 of the | ||
Clerks of Courts Act
for deposit into the Trauma
Center Fund | ||
for distribution as provided under Section 3.225 of the | ||
Emergency
Medical Services (EMS) Systems Act.
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(c) In addition to any penalty imposed under subsection (a) | ||
of this
Section, a fee of $5 shall be assessed by the court, | ||
the proceeds of which
shall be collected by the Circuit Clerk | ||
and remitted to the State Treasurer
under Section 27.6 of the | ||
Clerks of Courts Act 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 after
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sentencing.
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(d) In addition to any penalty imposed under subsection (a) | ||
of this
Section, a $25 assessment shall be assessed by the | ||
court, the proceeds of which
shall be collected by the Circuit | ||
Clerk and remitted to the State Treasurer for deposit into the | ||
State Police Services Fund and shall be used for grants by the | ||
Department of State Police to drug task forces and Metropolitan | ||
Enforcement Groups in accordance with the Intergovernmental | ||
Drug Laws Enforcement Act. | ||
(Source: P.A. 94-550, eff. 1-1-06.)
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(Text of Section from P.A. 94-556)
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Sec. 5-9-1.1. Drug related offenses.
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(a) When a person has been adjudged guilty of a drug | ||
related
offense involving possession or delivery of cannabis or | ||
possession or delivery
of a controlled substance as defined in | ||
the Cannabis Control Act, the Illinois Controlled Substances | ||
Act, or the Methamphetamine Control and Community Protection | ||
Act, in addition to any
other penalty imposed, a fine shall be | ||
levied by the court at not less than
the full street value of | ||
the cannabis or controlled substances seized.
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"Street value" shall be determined by the court on the | ||
basis of testimony
of law enforcement personnel and the | ||
defendant as to the amount seized and
such testimony as may be | ||
required by the court as to the current street
value of the | ||
cannabis or controlled substance seized.
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(b) In addition to any penalty imposed under subsection (a) | ||
of this
Section, a fine of $100 shall be levied by the court, | ||
the proceeds of which
shall be collected by the Circuit Clerk | ||
and remitted to the State Treasurer
under Section 27.6 of the | ||
Clerks of Courts Act for deposit into the Trauma
Center Fund | ||
for distribution as provided under Section 3.225 of the | ||
Emergency
Medical Services (EMS) Systems Act.
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(c) In addition to any penalty imposed under subsection (a) | ||
of this
Section, a fee of $5 shall be assessed by the court, | ||
the proceeds of which
shall be collected by the Circuit Clerk | ||
and remitted to the State Treasurer
under Section 27.6 of the | ||
Clerks of Courts Act 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 after
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sentencing.
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(d) In addition to any penalty imposed under subsection (a) | ||
of this
Section, a $25 assessment shall be assessed by the | ||
court, the proceeds of which
shall be collected by the Circuit | ||
Clerk and remitted to the State Treasurer for deposit into the | ||
State Police Services Fund and shall be used for grants by the | ||
Department of State Police to drug task forces and Metropolitan | ||
Enforcement Groups in accordance with the Intergovernmental | ||
Drug Laws Enforcement Act. | ||
(Source: P.A. 94-556, eff. 9-11-05.)
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(730 ILCS 5/5-9-1.1-5)
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Sec. 5-9-1.1-5. Methamphetamine related offenses. | ||
(a) When a person has been adjudged guilty of a | ||
methamphetamine related
offense involving possession or | ||
delivery of methamphetamine or any salt of an optical isomer of | ||
methamphetamine or possession of a methamphetamine | ||
manufacturing chemical set forth in paragraph (z-1) of Section | ||
102 of the Illinois Controlled Substances Act with the intent | ||
to manufacture a substance containing methamphetamine or salt | ||
of an optical isomer of methamphetamine, in addition to any
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other penalty imposed, a fine shall be levied by the court at | ||
not less than
the full street value of the methamphetamine or | ||
salt of an optical isomer of methamphetamine or methamphetamine | ||
manufacturing chemicals seized. | ||
"Street value" shall be determined by the court on the | ||
basis of testimony
of law enforcement personnel and the | ||
defendant as to the amount seized and
such testimony as may be | ||
required by the court as to the current street
value of the | ||
methamphetamine or salt of an optical isomer of methamphetamine | ||
or methamphetamine manufacturing chemicals seized. | ||
(b) In addition to any penalty imposed under subsection (a) | ||
of this
Section, a fine of
$100 shall be levied by the court, | ||
the proceeds of which
shall be collected by the Circuit Clerk | ||
and remitted to the State Treasurer
under Section 27.6 of the | ||
Clerks of Courts Act
for deposit into the Methamphetamine Law | ||
Enforcement Fund and allocated as provided in subsection (d) of | ||
Section 5-9-1.2.
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(c) In addition to any penalty imposed under subsection (a) | ||
of this
Section, a $25 assessment shall be assessed by the | ||
court, the proceeds of which
shall be collected by the Circuit | ||
Clerk and remitted to the State Treasurer for deposit into the | ||
State Police Services Fund and shall be used for grants by the | ||
Department of State Police to drug task forces and Metropolitan | ||
Enforcement Groups in accordance with the Intergovernmental | ||
Drug Laws Enforcement Act. | ||
(Source: P.A. 94-550, eff. 1-1-06.)
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