Public Act 096-1342
 
SB3616 EnrolledLRB096 17707 AJT 33071 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 11-501.01 as follows:
 
    (625 ILCS 5/11-501.01)
    Sec. 11-501.01. Additional administrative sanctions.
    (a) After a finding of guilt and prior to any final
sentencing or an order for supervision, for an offense based
upon an arrest for a violation of Section 11-501 or a similar
provision of a local ordinance, individuals shall be required
to undergo a professional evaluation to determine if an
alcohol, drug, or intoxicating compound abuse problem exists
and the extent of the problem, and undergo the imposition of
treatment as appropriate. Programs conducting these
evaluations shall be licensed by the Department of Human
Services. The cost of any professional evaluation shall be paid
for by the individual required to undergo the professional
evaluation.
    (b) Any person who is found guilty of or pleads guilty to
violating Section 11-501, including any person receiving a
disposition of court supervision for violating that Section,
may be required by the Court to attend a victim impact panel
offered by, or under contract with, a county State's Attorney's
office, a probation and court services department, Mothers
Against Drunk Driving, or the Alliance Against Intoxicated
Motorists. All costs generated by the victim impact panel shall
be paid from fees collected from the offender or as may be
determined by the court.
    (c) Every person found guilty of violating Section 11-501,
whose operation of a motor vehicle while in violation of that
Section proximately caused any incident resulting in an
appropriate emergency response, shall be liable for the expense
of an emergency response as provided in subsection (i) of this
Section.
    (d) The Secretary of State shall revoke the driving
privileges of any person convicted under Section 11-501 or a
similar provision of a local ordinance.
    (e) The Secretary of State shall require the use of
ignition interlock devices on all vehicles owned by a person
who has been convicted of a second or subsequent offense of
Section 11-501 or a similar provision of a local ordinance. The
person must pay to the Secretary of State DUI Administration
Fund an amount not to exceed $30 for each month that he or she
uses the device. The Secretary shall establish by rule and
regulation the procedures for certification and use of the
interlock system, the amount of the fee, and the procedures,
terms, and conditions relating to these fees.
    (f) In addition to any other penalties and liabilities, a
person who is found guilty of or pleads guilty to violating
Section 11-501, including any person placed on court
supervision for violating Section 11-501, shall be assessed
$750 $500, payable to the circuit clerk, who shall distribute
the money as follows: $350 20% to the law enforcement agency
that made the arrest, and $400 80% shall be forwarded to the
State Treasurer for deposit into the General Revenue Fund. If
the person has been previously convicted of violating Section
11-501 or a similar provision of a local ordinance, the fine
shall be $1,000, and the circuit clerk shall distribute $200 to
the law enforcement agency that made the arrest and $800 to the
State Treasurer for deposit into the General Revenue Fund. In
the event that more than one agency is responsible for the
arrest, the amount payable to law enforcement agencies shall be
shared equally. Any moneys received by a law enforcement agency
under this subsection (f) shall be used to purchase law
enforcement equipment that will assist in the prevention of
alcohol related criminal violence throughout the State. This
shall include, but is not limited to, in-car video cameras,
radar and laser speed detection devices, and alcohol breath
testers. Any moneys received by the Department of State Police
under this subsection (f) shall be deposited into the State
Police DUI Fund and shall be used to purchase law enforcement
equipment that will assist in the prevention of alcohol related
criminal violence throughout the State.
    (g) The Secretary of State Police DUI Fund is created as a
special fund in the State treasury. All moneys received by the
Secretary of State Police under subsection (f) of this Section
shall be deposited into the Secretary of State Police DUI Fund
and, subject to appropriation, shall be used to purchase law
enforcement equipment to assist in the prevention of alcohol
related criminal violence throughout the State.
    (h) Whenever an individual is sentenced for an offense
based upon an arrest for a violation of Section 11-501 or a
similar provision of a local ordinance, and the professional
evaluation recommends remedial or rehabilitative treatment or
education, neither the treatment nor the education shall be the
sole disposition and either or both may be imposed only in
conjunction with another disposition. The court shall monitor
compliance with any remedial education or treatment
recommendations contained in the professional evaluation.
Programs conducting alcohol or other drug evaluation or
remedial education must be licensed by the Department of Human
Services. If the individual is not a resident of Illinois,
however, the court may accept an alcohol or other drug
evaluation or remedial education program in the individual's
state of residence. Programs providing treatment must be
licensed under existing applicable alcoholism and drug
treatment licensure standards.
    (i) In addition to any other fine or penalty required by
law, an individual convicted of a violation of Section 11-501,
Section 5-7 of the Snowmobile Registration and Safety Act,
Section 5-16 of the Boat Registration and Safety Act, or a
similar provision, whose operation of a motor vehicle,
snowmobile, or watercraft while in violation of Section 11-501,
Section 5-7 of the Snowmobile Registration and Safety Act,
Section 5-16 of the Boat Registration and Safety Act, or a
similar provision proximately caused an incident resulting in
an appropriate emergency response, shall be required to make
restitution to a public agency for the costs of that emergency
response. The restitution may not exceed $1,000 per public
agency for each emergency response. As used in this subsection
(i), "emergency response" means any incident requiring a
response by a police officer, a firefighter carried on the
rolls of a regularly constituted fire department, or an
ambulance.
(Source: P.A. 95-578, eff. 6-1-08; 95-848, eff. 1-1-09.)
 
    Section 10. The Clerks of Courts Act is amended by changing
Sections 27.5 and 27.6 as follows:
 
    (705 ILCS 105/27.5)  (from Ch. 25, par. 27.5)
    Sec. 27.5. (a) All fees, fines, costs, additional
penalties, bail balances assessed or forfeited, and any other
amount paid by a person to the circuit clerk that equals an
amount less than $55, except restitution under Section 5-5-6 of
the Unified Code of Corrections, reimbursement for the costs of
an emergency response as provided under Section 11-501 of the
Illinois Vehicle Code, any fees collected for attending a
traffic safety program under paragraph (c) of Supreme Court
Rule 529, any fee collected on behalf of a State's Attorney
under Section 4-2002 of the Counties Code or a sheriff under
Section 4-5001 of the Counties Code, or any cost imposed under
Section 124A-5 of the Code of Criminal Procedure of 1963, for
convictions, orders of supervision, or any other disposition
for a violation of Chapters 3, 4, 6, 11, and 12 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, and except as otherwise
provided in this Section in subsection (b) shall be disbursed
within 60 days after receipt by the circuit clerk as follows:
47% shall be disbursed to the entity authorized by law to
receive the fine imposed in the case; 12% shall be disbursed to
the State Treasurer; and 41% shall be disbursed to the county's
general corporate fund. Of the 12% disbursed to the State
Treasurer, 1/6 shall be deposited by the State Treasurer into
the Violent Crime Victims Assistance Fund, 1/2 shall be
deposited into the Traffic and Criminal Conviction Surcharge
Fund, and 1/3 shall be deposited into the Drivers Education
Fund. For fiscal years 1992 and 1993, amounts deposited into
the Violent Crime Victims Assistance Fund, the Traffic and
Criminal Conviction Surcharge Fund, or the Drivers Education
Fund shall not exceed 110% of the amounts deposited into those
funds in fiscal year 1991. Any amount that exceeds the 110%
limit shall be distributed as follows: 50% shall be disbursed
to the county's general corporate fund and 50% shall be
disbursed to the entity authorized by law to receive the fine
imposed in the case. 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 Section during the
preceding year based upon independent verification of fines and
fees. All counties shall be subject to this Section, except
that counties with a population under 2,000,000 may, by
ordinance, elect not to be subject to this Section. For
offenses subject to this Section, judges shall impose one total
sum of money payable for violations. The circuit clerk may add
on no additional amounts except for amounts that are required
by Sections 27.3a and 27.3c of this Act, Section 16-104c of the
Illinois Vehicle Code, and subsection (a) of Section 5-1101 of
the Counties Code, unless those amounts are specifically waived
by the judge. With respect to money collected by the circuit
clerk as a result of forfeiture of bail, ex parte judgment or
guilty plea pursuant to Supreme Court Rule 529, the circuit
clerk shall first deduct and pay amounts required by Sections
27.3a and 27.3c of this Act. Unless a court ordered payment
schedule is implemented or fee requirements are waived pursuant
to a court order, the circuit clerk may add to any unpaid fees
and costs a delinquency amount equal to 5% of the unpaid fees
that remain unpaid after 30 days, 10% of the unpaid fees that
remain unpaid after 60 days, and 15% of the unpaid fees that
remain unpaid after 90 days. Notice to those parties may be
made by signage posting or publication. The additional
delinquency amounts collected under this Section shall be
deposited in the Circuit Court Clerk Operation and
Administrative Fund to be used to defray administrative costs
incurred by the circuit clerk in performing the duties required
to collect and disburse funds. This Section is a denial and
limitation of home rule powers and functions under subsection
(h) of Section 6 of Article VII of the Illinois Constitution.
    (b) The following amounts must be remitted to the State
Treasurer for deposit into the Illinois Animal Abuse Fund:
        (1) 50% of the amounts collected for felony offenses
    under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
    5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
    Animals Act and Section 26-5 of the Criminal Code of 1961;
        (2) 20% of the amounts collected for Class A and Class
    B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
    5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
    for Animals Act and Section 26-5 of the Criminal Code of
    1961; and
        (3) 50% of the amounts collected for Class C
    misdemeanors under Sections 4.01 and 7.1 of the Humane Care
    for Animals Act and Section 26-5 of the Criminal Code of
    1961.
    (c) Any person who receives a disposition of court
supervision for a violation of the Illinois Vehicle Code or a
similar provision of a local ordinance shall, in addition to
any other fines, fees, and court costs, pay an additional fee
of $29, to be disbursed as provided in Section 16-104c of the
Illinois Vehicle Code. In addition to the fee of $29, the
person shall also pay a fee of $6, if not waived by the court.
If this $6 fee is collected, $5.50 of the fee shall be
deposited into the Circuit Court Clerk Operation and
Administrative Fund created by the Clerk of the Circuit Court
and 50 cents of the fee shall be deposited into the Prisoner
Review Board Vehicle and Equipment Fund in the State treasury.
    (d) Any person convicted of, pleading guilty to, or placed
on supervision for a serious traffic violation, as defined in
Section 1-187.001 of the Illinois Vehicle Code, a violation of
Section 11-501 of the Illinois Vehicle Code, or a violation of
a similar provision of a local ordinance shall pay an
additional fee of $20, to be disbursed as provided in Section
16-104d of that Code.
    This subsection Subsection (d) becomes inoperative 7 years
after the effective date of Public Act 95-154.
    (e) In all counties having a population of 3,000,000 or
more inhabitants: ,
        (1) (e-1) A person who is found guilty of or pleads
    guilty to violating subsection (a) of Section 11-501 of the
    Illinois Vehicle Code, including any person placed on court
    supervision for violating subsection (a), shall be fined
    $750 $500 as provided for by subsection (f) of Section
    11-501.01 of the Illinois Vehicle Code, payable to the
    circuit clerk, who shall distribute the money pursuant to
    subsection (f) of Section 11-501.01 of the Illinois Vehicle
    Code.
        (2) (e-2) When a crime laboratory DUI analysis fee of
    $150, provided for by Section 5-9-1.9 of the Unified Code
    of Corrections is assessed, it shall be disbursed by the
    circuit clerk as provided by subsection (f) of Section
    5-9-1.9 of the Unified Code of Corrections.
        (3) (e-3) When a fine for a violation of subsection (a)
    of Section 11-605 of the Illinois Vehicle Code is $150 or
    greater, the additional $50 which is charged as provided
    for by subsection (f) of Section 11-605 of the Illinois
    Vehicle Code shall be disbursed by the circuit clerk to a
    school district or districts for school safety purposes as
    provided by subsection (f) of Section 11-605.
        (4) (e-3.5) When a fine for a violation of subsection
    (a) of Section 11-1002.5 of the Illinois Vehicle Code is
    $150 or greater, the additional $50 which is charged as
    provided for by subsection (c) of Section 11-1002.5 of the
    Illinois Vehicle Code shall be disbursed by the circuit
    clerk to a school district or districts for school safety
    purposes as provided by subsection (c) of Section 11-1002.5
    of the Illinois Vehicle Code.
        (5) (e-4) When a mandatory drug court fee of up to $5
    is assessed as provided in subsection (f) of Section 5-1101
    of the Counties Code, it shall be disbursed by the circuit
    clerk as provided in subsection (f) of Section 5-1101 of
    the Counties Code.
        (6) (e-5) When a mandatory teen court, peer jury, youth
    court, or other youth diversion program fee is assessed as
    provided in subsection (e) of Section 5-1101 of the
    Counties Code, it shall be disbursed by the circuit clerk
    as provided in subsection (e) of Section 5-1101 of the
    Counties Code.
        (7) (e-6) When a Children's Advocacy Center fee is
    assessed pursuant to subsection (f-5) of Section 5-1101 of
    the Counties Code, it shall be disbursed by the circuit
    clerk as provided in subsection (f-5) of Section 5-1101 of
    the Counties Code.
        (8) (e-7) When a victim impact panel fee is assessed
    pursuant to subsection (b) of Section 11-501.01 of the
    Illinois Vehicle Code, it shall be disbursed by the circuit
    clerk to the victim impact panel to be attended by the
    defendant.
        (9) (e-8) When a new fee collected in traffic cases is
    enacted after January 1, 2010 (the effective date of Public
    Act 96-735) this amendatory Act of the 96th General
    Assembly, it shall be excluded from the percentage
    disbursement provisions of this Section unless otherwise
    indicated by law.
    (f) (e) Any person who receives a disposition of court
supervision for a violation of Section 11-501 of the Illinois
Vehicle Code shall, in addition to any other fines, fees, and
court costs, pay an additional fee of $50, which shall be
collected by the circuit clerk and then remitted to the State
Treasurer for deposit into the Roadside Memorial Fund, a
special fund in the State treasury. However, the court may
waive the fee if full restitution is complied with. Subject to
appropriation, all moneys in the Roadside Memorial Fund shall
be used by the Department of Transportation to pay fees imposed
under subsection (f) of Section 20 of the Roadside Memorial
Act. The fee shall be remitted by the circuit clerk within one
month after receipt to the State Treasurer for deposit into the
Roadside Memorial Fund.
    (g) (e) For any conviction or disposition of court
supervision for a violation of Section 11-1429 of the Illinois
Vehicle Code, the circuit clerk shall distribute the fines paid
by the person as specified by subsection (h) of Section 11-1429
of the Illinois Vehicle Code.
(Source: P.A. 95-154, eff. 10-13-07; 95-428, eff. 8-24-07;
95-876, eff. 8-21-08; 96-286, eff. 8-11-09; 96-576, eff.
8-18-09; 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-735,
eff. 1-1-10; revised 11-5-09; revised 12-28-09.)
 
    (705 ILCS 105/27.6)
    (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625,
and 96-667)
    Sec. 27.6. (a) All fees, fines, costs, additional
penalties, bail balances assessed or forfeited, and any other
amount paid by a person to the circuit clerk equalling an
amount of $55 or more, except the fine imposed by Section
5-9-1.15 of the Unified Code of Corrections, the additional fee
required by subsections (b) and (c), restitution under Section
5-5-6 of the Unified Code of Corrections, contributions to a
local anti-crime program ordered pursuant to Section
5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
Corrections, reimbursement for the costs of an emergency
response as provided under Section 11-501 of the Illinois
Vehicle Code, any fees collected for attending a traffic safety
program under paragraph (c) of Supreme Court Rule 529, any fee
collected on behalf of a State's Attorney under Section 4-2002
of the Counties Code or a sheriff under Section 4-5001 of the
Counties Code, or any cost imposed under Section 124A-5 of the
Code of Criminal Procedure of 1963, for convictions, orders of
supervision, or any other disposition for a violation of
Chapters 3, 4, 6, 11, and 12 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, and except as otherwise provided in this
Section subsections (d) and (g) shall be disbursed within 60
days after receipt by the circuit clerk as follows: 44.5% shall
be disbursed to the entity authorized by law to receive the
fine imposed in the case; 16.825% shall be disbursed to the
State Treasurer; and 38.675% shall be disbursed to the county's
general corporate fund. Of the 16.825% disbursed to the State
Treasurer, 2/17 shall be deposited by the State Treasurer into
the Violent Crime Victims Assistance Fund, 5.052/17 shall be
deposited into the Traffic and Criminal Conviction Surcharge
Fund, 3/17 shall be deposited into the Drivers Education Fund,
and 6.948/17 shall be deposited into the Trauma Center Fund. Of
the 6.948/17 deposited into the Trauma Center Fund from the
16.825% disbursed to the State Treasurer, 50% shall be
disbursed to the Department of Public Health and 50% shall be
disbursed to the Department of Healthcare and Family Services.
For fiscal year 1993, amounts deposited into the Violent Crime
Victims Assistance Fund, the Traffic and Criminal Conviction
Surcharge Fund, or the Drivers Education Fund shall not exceed
110% of the amounts deposited into those funds in fiscal year
1991. Any amount that exceeds the 110% limit shall be
distributed as follows: 50% shall be disbursed to the county's
general corporate fund and 50% shall be disbursed to the entity
authorized by law to receive the fine imposed in the case. 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 Section during the preceding year based upon
independent verification of fines and fees. All counties shall
be subject to this Section, except that counties with a
population under 2,000,000 may, by ordinance, elect not to be
subject to this Section. For offenses subject to this Section,
judges shall impose one total sum of money payable for
violations. The circuit clerk may add on no additional amounts
except for amounts that are required by Sections 27.3a and
27.3c of this Act, unless those amounts are specifically waived
by the judge. With respect to money collected by the circuit
clerk as a result of forfeiture of bail, ex parte judgment or
guilty plea pursuant to Supreme Court Rule 529, the circuit
clerk shall first deduct and pay amounts required by Sections
27.3a and 27.3c of this Act. This Section is a denial and
limitation of home rule powers and functions under subsection
(h) of Section 6 of Article VII of the Illinois Constitution.
    (b) In addition to any other fines and court costs assessed
by the courts, any person convicted or receiving an order of
supervision for driving under the influence of alcohol or drugs
shall pay an additional fee of $100 to the clerk of the circuit
court. This amount, 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 during
the preceding calendar year.
    (b-1) In addition to any other fines and court costs
assessed by the courts, any person convicted or receiving an
order of supervision for driving under the influence of alcohol
or drugs shall pay an additional fee of $5 to the clerk of the
circuit court. This amount, 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 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 during the preceding calendar year.
    (c) In addition to any other fines and court costs assessed
by the courts, any person convicted for a violation of Sections
24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or a
person sentenced for a violation of the Cannabis Control Act,
the Illinois Controlled Substances Act, or the Methamphetamine
Control and Community Protection Act shall pay an additional
fee of $100 to the clerk of the circuit court. This amount,
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 during the preceding calendar year.
    (c-1) In addition to any other fines and court costs
assessed by the courts, any person sentenced for a violation of
the Cannabis Control Act, the Illinois Controlled Substances
Act, or the Methamphetamine Control and Community Protection
Act shall pay an additional fee of $5 to the clerk of the
circuit court. This amount, 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 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 during the preceding calendar year.
    (d) The following amounts must be remitted to the State
Treasurer for deposit into the Illinois Animal Abuse Fund:
        (1) 50% of the amounts collected for felony offenses
    under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
    5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
    Animals Act and Section 26-5 of the Criminal Code of 1961;
        (2) 20% of the amounts collected for Class A and Class
    B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
    5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
    for Animals Act and Section 26-5 of the Criminal Code of
    1961; and
        (3) 50% of the amounts collected for Class C
    misdemeanors under Sections 4.01 and 7.1 of the Humane Care
    for Animals Act and Section 26-5 of the Criminal Code of
    1961.
    (e) Any person who receives a disposition of court
supervision for a violation of the Illinois Vehicle Code or a
similar provision of a local ordinance shall, in addition to
any other fines, fees, and court costs, pay an additional fee
of $29, to be disbursed as provided in Section 16-104c of the
Illinois Vehicle Code. In addition to the fee of $29, the
person shall also pay a fee of $6, if not waived by the court.
If this $6 fee is collected, $5.50 of the fee shall be
deposited into the Circuit Court Clerk Operation and
Administrative Fund created by the Clerk of the Circuit Court
and 50 cents of the fee shall be deposited into the Prisoner
Review Board Vehicle and Equipment Fund in the State treasury.
    (f) This Section does not apply to the additional child
pornography fines assessed and collected under Section
5-9-1.14 of the Unified Code of Corrections.
    (g) (Blank).
    (h) (Blank).
    (i) (g) Of the amounts collected as fines under subsection
(b) of Section 3-712 of the Illinois Vehicle Code, 99% shall be
deposited into the Illinois Military Family Relief Fund and 1%
shall be deposited into the Circuit Court Clerk Operation and
Administrative Fund created by the Clerk of the Circuit Court
to be used to offset the costs incurred by the Circuit Court
Clerk in performing the additional duties required to collect
and disburse funds to entities of State and local government as
provided by law.
    (j) (h) Any person convicted of, pleading guilty to, or
placed on supervision for a serious traffic violation, as
defined in Section 1-187.001 of the Illinois Vehicle Code, a
violation of Section 11-501 of the Illinois Vehicle Code, or a
violation of a similar provision of a local ordinance shall pay
an additional fee of $20, to be disbursed as provided in
Section 16-104d of that Code.
    This subsection (h) becomes inoperative 7 years after the
effective date of Public Act 95-154.
    (k) (h) For any conviction or disposition of court
supervision for a violation of Section 11-1429 of the Illinois
Vehicle Code, the circuit clerk shall distribute the fines paid
by the person as specified by subsection (h) of Section 11-1429
of the Illinois Vehicle Code.
    (l) (h) Any person who receives a disposition of court
supervision for a violation of Section 11-501 of the Illinois
Vehicle Code or a similar provision of a local ordinance shall,
in addition to any other fines, fees, and court costs, pay an
additional fee of $50, which shall be collected by the circuit
clerk and then remitted to the State Treasurer for deposit into
the Roadside Memorial Fund, a special fund in the State
treasury. However, the court may waive the fee if full
restitution is complied with. Subject to appropriation, all
moneys in the Roadside Memorial Fund shall be used by the
Department of Transportation to pay fees imposed under
subsection (f) of Section 20 of the Roadside Memorial Act. The
fee shall be remitted by the circuit clerk within one month
after receipt to the State Treasurer for deposit into the
Roadside Memorial Fund.
(Source: P.A. 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428,
eff. 8-24-07; 95-600, eff. 6-1-08; 95-876, eff. 8-21-08;
96-286, eff. 8-11-09; 96-576, eff. 8-18-09; 96-578, eff.
8-18-09; 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; revised
12-29-09.)
 
    (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667,
and 96-735)
    Sec. 27.6. (a) All fees, fines, costs, additional
penalties, bail balances assessed or forfeited, and any other
amount paid by a person to the circuit clerk equalling an
amount of $55 or more, except the fine imposed by Section
5-9-1.15 of the Unified Code of Corrections, the additional fee
required by subsections (b) and (c), restitution under Section
5-5-6 of the Unified Code of Corrections, contributions to a
local anti-crime program ordered pursuant to Section
5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
Corrections, reimbursement for the costs of an emergency
response as provided under Section 11-501 of the Illinois
Vehicle Code, any fees collected for attending a traffic safety
program under paragraph (c) of Supreme Court Rule 529, any fee
collected on behalf of a State's Attorney under Section 4-2002
of the Counties Code or a sheriff under Section 4-5001 of the
Counties Code, or any cost imposed under Section 124A-5 of the
Code of Criminal Procedure of 1963, for convictions, orders of
supervision, or any other disposition for a violation of
Chapters 3, 4, 6, 11, and 12 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, and except as otherwise provided in this
Section subsections (b) through (h) shall be disbursed within
60 days after receipt by the circuit clerk as follows: 44.5%
shall be disbursed to the entity authorized by law to receive
the fine imposed in the case; 16.825% shall be disbursed to the
State Treasurer; and 38.675% shall be disbursed to the county's
general corporate fund. Of the 16.825% disbursed to the State
Treasurer, 2/17 shall be deposited by the State Treasurer into
the Violent Crime Victims Assistance Fund, 5.052/17 shall be
deposited into the Traffic and Criminal Conviction Surcharge
Fund, 3/17 shall be deposited into the Drivers Education Fund,
and 6.948/17 shall be deposited into the Trauma Center Fund. Of
the 6.948/17 deposited into the Trauma Center Fund from the
16.825% disbursed to the State Treasurer, 50% shall be
disbursed to the Department of Public Health and 50% shall be
disbursed to the Department of Healthcare and Family Services.
For fiscal year 1993, amounts deposited into the Violent Crime
Victims Assistance Fund, the Traffic and Criminal Conviction
Surcharge Fund, or the Drivers Education Fund shall not exceed
110% of the amounts deposited into those funds in fiscal year
1991. Any amount that exceeds the 110% limit shall be
distributed as follows: 50% shall be disbursed to the county's
general corporate fund and 50% shall be disbursed to the entity
authorized by law to receive the fine imposed in the case. 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 Section during the preceding year based upon
independent verification of fines and fees. All counties shall
be subject to this Section, except that counties with a
population under 2,000,000 may, by ordinance, elect not to be
subject to this Section. For offenses subject to this Section,
judges shall impose one total sum of money payable for
violations. The circuit clerk may add on no additional amounts
except for amounts that are required by Sections 27.3a and
27.3c of this Act, Section 16-104c of the Illinois Vehicle
Code, and subsection (a) of Section 5-1101 of the Counties
Code, unless those amounts are specifically waived by the
judge. With respect to money collected by the circuit clerk as
a result of forfeiture of bail, ex parte judgment or guilty
plea pursuant to Supreme Court Rule 529, the circuit clerk
shall first deduct and pay amounts required by Sections 27.3a
and 27.3c of this Act. Unless a court ordered payment schedule
is implemented or fee requirements are waived pursuant to court
order, the clerk of the court may add to any unpaid fees and
costs a delinquency amount equal to 5% of the unpaid fees that
remain unpaid after 30 days, 10% of the unpaid fees that remain
unpaid after 60 days, and 15% of the unpaid fees that remain
unpaid after 90 days. Notice to those parties may be made by
signage posting or publication. The additional delinquency
amounts collected under this Section shall be deposited in the
Circuit Court Clerk Operation and Administrative Fund to be
used to defray administrative costs incurred by the circuit
clerk in performing the duties required to collect and disburse
funds. This Section is a denial and limitation of home rule
powers and functions under subsection (h) of Section 6 of
Article VII of the Illinois Constitution.
    (b) In addition to any other fines and court costs assessed
by the courts, any person convicted or receiving an order of
supervision for driving under the influence of alcohol or drugs
shall pay an additional fee of $100 to the clerk of the circuit
court. This amount, 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 during
the preceding calendar year.
    (b-1) In addition to any other fines and court costs
assessed by the courts, any person convicted or receiving an
order of supervision for driving under the influence of alcohol
or drugs shall pay an additional fee of $5 to the clerk of the
circuit court. This amount, 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 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 during the preceding calendar year.
    (c) In addition to any other fines and court costs assessed
by the courts, any person convicted for a violation of Sections
24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or a
person sentenced for a violation of the Cannabis Control Act,
the Illinois Controlled Substances Act, or the Methamphetamine
Control and Community Protection Act shall pay an additional
fee of $100 to the clerk of the circuit court. This amount,
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 during the preceding calendar year.
    (c-1) In addition to any other fines and court costs
assessed by the courts, any person sentenced for a violation of
the Cannabis Control Act, the Illinois Controlled Substances
Act, or the Methamphetamine Control and Community Protection
Act shall pay an additional fee of $5 to the clerk of the
circuit court. This amount, 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 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 during the preceding calendar year.
    (d) The following amounts must be remitted to the State
Treasurer for deposit into the Illinois Animal Abuse Fund:
        (1) 50% of the amounts collected for felony offenses
    under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
    5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
    Animals Act and Section 26-5 of the Criminal Code of 1961;
        (2) 20% of the amounts collected for Class A and Class
    B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
    5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
    for Animals Act and Section 26-5 of the Criminal Code of
    1961; and
        (3) 50% of the amounts collected for Class C
    misdemeanors under Sections 4.01 and 7.1 of the Humane Care
    for Animals Act and Section 26-5 of the Criminal Code of
    1961.
    (e) Any person who receives a disposition of court
supervision for a violation of the Illinois Vehicle Code or a
similar provision of a local ordinance shall, in addition to
any other fines, fees, and court costs, pay an additional fee
of $29, to be disbursed as provided in Section 16-104c of the
Illinois Vehicle Code. In addition to the fee of $29, the
person shall also pay a fee of $6, if not waived by the court.
If this $6 fee is collected, $5.50 of the fee shall be
deposited into the Circuit Court Clerk Operation and
Administrative Fund created by the Clerk of the Circuit Court
and 50 cents of the fee shall be deposited into the Prisoner
Review Board Vehicle and Equipment Fund in the State treasury.
    (f) This Section does not apply to the additional child
pornography fines assessed and collected under Section
5-9-1.14 of the Unified Code of Corrections.
    (g) Any person convicted of or pleading guilty to a serious
traffic violation, as defined in Section 1-187.001 of the
Illinois Vehicle Code, shall pay an additional fee of $20, to
be disbursed as provided in Section 16-104d of that Code. This
subsection (g) becomes inoperative 7 years after the effective
date of Public Act 95-154.
    (h) In all counties having a population of 3,000,000 or
more inhabitants,
        (1) (h-1) A person who is found guilty of or pleads
    guilty to violating subsection (a) of Section 11-501 of the
    Illinois Vehicle Code, including any person placed on court
    supervision for violating subsection (a), shall be fined
    $750 $500 as provided for by subsection (f) of Section
    11-501.01 of the Illinois Vehicle Code, payable to the
    circuit clerk, who shall distribute the money pursuant to
    subsection (f) of Section 11-501.01 of the Illinois Vehicle
    Code.
        (2) (h-2) When a crime laboratory DUI analysis fee of
    $150, provided for by Section 5-9-1.9 of the Unified Code
    of Corrections is assessed, it shall be disbursed by the
    circuit clerk as provided by subsection (f) of Section
    5-9-1.9 of the Unified Code of Corrections.
        (3) (h-3) When a fine for a violation of Section
    11-605.1 of the Illinois Vehicle Code is $250 or greater,
    the person who violated that Section shall be charged an
    additional $125 as provided for by subsection (e) of
    Section 11-605.1 of the Illinois Vehicle Code, which shall
    be disbursed by the circuit clerk to a State or county
    Transportation Safety Highway Hire-back Fund as provided
    by subsection (e) of Section 11-605.1 of the Illinois
    Vehicle Code.
        (4) (h-4) When a fine for a violation of subsection (a)
    of Section 11-605 of the Illinois Vehicle Code is $150 or
    greater, the additional $50 which is charged as provided
    for by subsection (f) of Section 11-605 of the Illinois
    Vehicle Code shall be disbursed by the circuit clerk to a
    school district or districts for school safety purposes as
    provided by subsection (f) of Section 11-605.
        (5) (h-4.5) When a fine for a violation of subsection
    (a) of Section 11-1002.5 of the Illinois Vehicle Code is
    $150 or greater, the additional $50 which is charged as
    provided for by subsection (c) of Section 11-1002.5 of the
    Illinois Vehicle Code shall be disbursed by the circuit
    clerk to a school district or districts for school safety
    purposes as provided by subsection (c) of Section 11-1002.5
    of the Illinois Vehicle Code.
        (6) (h-5) When a mandatory drug court fee of up to $5
    is assessed as provided in subsection (f) of Section 5-1101
    of the Counties Code, it shall be disbursed by the circuit
    clerk as provided in subsection (f) of Section 5-1101 of
    the Counties Code.
        (7) (h-6) When a mandatory teen court, peer jury, youth
    court, or other youth diversion program fee is assessed as
    provided in subsection (e) of Section 5-1101 of the
    Counties Code, it shall be disbursed by the circuit clerk
    as provided in subsection (e) of Section 5-1101 of the
    Counties Code.
        (8) (h-7) When a Children's Advocacy Center fee is
    assessed pursuant to subsection (f-5) of Section 5-1101 of
    the Counties Code, it shall be disbursed by the circuit
    clerk as provided in subsection (f-5) of Section 5-1101 of
    the Counties Code.
        (9) (h-8) When a victim impact panel fee is assessed
    pursuant to subsection (b) of Section 11-501.01 of the
    Vehicle Code, it shall be disbursed by the circuit clerk to
    the victim impact panel to be attended by the defendant.
        (10) (h-9) When a new fee collected in traffic cases is
    enacted after the effective date of this subsection (h), it
    shall be excluded from the percentage disbursement
    provisions of this Section unless otherwise indicated by
    law.
    (i) (g) Of the amounts collected as fines under subsection
(b) of Section 3-712 of the Illinois Vehicle Code, 99% shall be
deposited into the Illinois Military Family Relief Fund and 1%
shall be deposited into the Circuit Court Clerk Operation and
Administrative Fund created by the Clerk of the Circuit Court
to be used to offset the costs incurred by the Circuit Court
Clerk in performing the additional duties required to collect
and disburse funds to entities of State and local government as
provided by law.
    (j) (Blank).
    (k) (h) For any conviction or disposition of court
supervision for a violation of Section 11-1429 of the Illinois
Vehicle Code, the circuit clerk shall distribute the fines paid
by the person as specified by subsection (h) of Section 11-1429
of the Illinois Vehicle Code.
    (l) (h) Any person who receives a disposition of court
supervision for a violation of Section 11-501 of the Illinois
Vehicle Code or a similar provision of a local ordinance shall,
in addition to any other fines, fees, and court costs, pay an
additional fee of $50, which shall be collected by the circuit
clerk and then remitted to the State Treasurer for deposit into
the Roadside Memorial Fund, a special fund in the State
treasury. However, the court may waive the fee if full
restitution is complied with. Subject to appropriation, all
moneys in the Roadside Memorial Fund shall be used by the
Department of Transportation to pay fees imposed under
subsection (f) of Section 20 of the Roadside Memorial Act. The
fee shall be remitted by the circuit clerk within one month
after receipt to the State Treasurer for deposit into the
Roadside Memorial Fund.
(Source: P.A. 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428,
eff. 8-24-07; 95-600, eff. 6-1-08; 95-876, eff. 8-21-08;
96-576, eff. 8-18-09; 96-578, eff. 8-18-09; 96-625, eff.
1-1-10; 96-667, eff. 8-25-09; 96-735, eff. 1-1-10; revised
12-29-09.)
 
    Section 99. Effective date. This Act takes effect January
1, 2011.