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Public Act 096-1173
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| HB4779 Enrolled | LRB096 16349 AJT 31613 b |
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AN ACT concerning transportation.
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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 Illinois Vehicle Code is amended by changing |
Section 16-104a as follows:
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(625 ILCS 5/16-104a) (from Ch. 95 1/2, par. 16-104a)
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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
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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 |
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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
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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
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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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When bail is forfeited for failure to appear in connection
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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
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Clerks of Courts Act.
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(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.)
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Section 99. Effective date. This Act takes effect July 1, |
2010.
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