Public Act 096-1173
 
HB4779 EnrolledLRB096 16349 AJT 31613 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by changing
Section 16-104a as follows:
 
    (625 ILCS 5/16-104a)  (from Ch. 95 1/2, par. 16-104a)
    Sec. 16-104a. Additional penalty for certain violations.
    (a) There is added to every fine imposed upon conviction of
an offense reportable to the Secretary of State under the
provisions of subdivision (a) (2) of Section 6-204 of this Act
an additional penalty of $4 for each $40, or fraction thereof,
of fine imposed. Each such additional penalty received shall be
remitted within one month to the State Treasurer to be
deposited into the Drivers Education Fund, unless the
additional penalty is subject to disbursement by the circuit
clerk under Section 27.5 of the Clerks of Courts Act. Such
additional amounts shall be assessed by the court and shall be
collected by the Clerk of the Circuit Court in addition to the
fine and costs in the case. Such additional penalty shall not
be considered a part of the fine for purposes of any reduction
made in the fine for time served either before or after
sentencing. Not later than March 1 of each year the Clerk of
the Circuit Court shall submit to the State Comptroller a
report of the amount of funds remitted by him to the State
Treasurer under this Section during the preceding calendar
year. Except as otherwise provided by Supreme Court Rules, if a
court in sentencing 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 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 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.
    When bail is forfeited for failure to appear in connection
with an offense reportable to the Secretary of State under
subdivision (a) (2) of Section 6-204 of this Act, and no fine
is imposed ex parte, $4 of every $40 cash deposit, or fraction
thereof, given to secure appearance shall be remitted within
one month to the State Treasurer to be deposited into the
Drivers Education Fund, unless the bail is subject to
disbursement by the circuit clerk under Section 27.5 of the
Clerks of Courts Act.
    (b) In addition to any other fine or penalty required by
law for a person convicted of a violation of Section 11-503 or
11-601.5 of this Code or a similar provision of a local
ordinance, the court may, in its discretion, require the person
to pay an additional criminal penalty that shall be distributed
in its entirety to a public agency that provided an emergency
response related to the person's violation. The criminal
penalty may not exceed $100 per public agency for each
emergency response provided for a first violation of Section
11-503 or 11-601.5 of this Code or a similar provision of a
local ordinance. The criminal penalty may not exceed $500 per
public agency for each emergency response provided for a second
or subsequent violation of Section 11-503 or 11-601.5 of this
Code or a similar provision of a local ordinance. As used in
this subsection, "emergency response" means any incident
requiring a response by a police officer, an ambulance, a
firefighter carried on the rolls of a regularly constituted
fire department or fire protection district, a firefighter of a
volunteer fire department, or a member if a recognized
not-for-profit rescue or emergency medical service provider.
(Source: P.A. 91-716, eff. 10-1-00.)
 
    Section 99. Effective date. This Act takes effect July 1,
2010.