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HB3509 Engrossed |
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LRB095 09306 RLC 29500 b |
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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 |
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| changing Section 5-9-1.6 as follows:
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| (730 ILCS 5/5-9-1.6) (from Ch. 38, par. 1005-9-1.6)
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| Sec. 5-9-1.6. Fine for certain domestic offenses
Domestic |
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| Battery. For the offense of domestic battery or aggravated |
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| domestic battery, when the offender and victim are family or |
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| household members as defined in Section 103 of the Illinois |
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| Domestic Violence Act of 1986, a fine of up to $200 may
There |
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| shall be added to
every penalty imposed in sentencing for the |
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| offense of domestic battery an
additional fine in the amount of |
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| $10 to be imposed upon a plea of guilty,
stipulation of facts |
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| or finding of guilty resulting in a judgment of
conviction or |
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| order of supervision.
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| Such additional amount shall be assessed by the court |
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| imposing sentence
and shall be collected by the Circuit Clerk |
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| in addition to the fine, if
any, and costs in the case. Each |
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| such additional penalty shall be remitted
by the Circuit Clerk |
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| within one month after receipt to the State Treasurer
for |
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| deposit into the Domestic Violence Shelter and Service Fund. |
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| The
Circuit Clerk shall retain 10% of such penalty to cover the |
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HB3509 Engrossed |
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LRB095 09306 RLC 29500 b |
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| costs incurred
in administering and enforcing this Section. |
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| Such additional penalty shall
not be considered a part of the |
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| fine for purposes of any reduction in the
fine for time served |
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| either before or after sentencing.
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| Not later than March 1 of each year the Clerk of the |
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| Circuit Court shall
submit to the State Comptroller a report of |
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| the amount of funds remitted by
him to the State Treasurer |
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| under this Section during the preceding calendar
year. Except |
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| as otherwise provided by Supreme Court Rules, if a court in
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| sentencing an offender levies a gross amount for fine, costs, |
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| fees and
penalties, the amount of the additional penalty |
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| provided for herein shall
be collected from the amount |
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| remaining after deducting from the gross
amount levied all fees |
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| of the Circuit Clerk, the State's Attorney and the
Sheriff. |
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| After deducting from the gross amount levied the fees and
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| additional penalty provided for herein, less any other |
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| additional penalties
provided by law, the clerk shall remit the |
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| net balance remaining to the
entity authorized by law to |
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| receive the fine imposed in the case. For
purposes of this |
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| Section "fees of the Circuit Clerk" shall include, if
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| applicable, the fee provided for under Section 27.3a of the |
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| Clerks of
Courts Act and the fee, if applicable, payable to the |
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| county in which the
violation occurred under Section 5-1101 of |
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| the Counties Code.
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| (Source: P.A. 87-480; 87-895.)
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