Rep. Suzanne Bassi
Filed: 3/13/2007
 
 

 




 

 		












09500HB3509ham001

LRB095 09306 RLC 33236 a






1

AMENDMENT TO HOUSE BILL 3509 




2
    AMENDMENT NO. ______. Amend House Bill 3509 by replacing 
3
everything after the enacting clause with the following:

 
4
    "Section 5. The Unified Code of Corrections is amended  by 
5
changing Section 5-9-1.6 as follows:
 



6
    (730 ILCS 5/5-9-1.6)  (from Ch. 38, par. 1005-9-1.6)



7
    Sec. 5-9-1.6. Fine for certain domestic offenses
Domestic 
8
Battery. For the offense of domestic battery or aggravated 
9
domestic battery, when the offender and victim are family or 
10
household members as defined in Section 103 of the Illinois 
11
Domestic Violence Act of 1986, a fine of up to $200 may
There 
12
shall be added to
every penalty imposed in sentencing for the 
13
offense of domestic battery an
additional fine in the amount of 
14
$10 to be imposed upon a plea of guilty,
stipulation of facts 
15
or finding of guilty resulting in a judgment of
conviction or 
16
order of supervision.

 


 






09500HB3509ham001
- 2 -
LRB095 09306 RLC 33236 a




1
    Such additional amount shall be assessed by the court 
2
imposing sentence
and shall be collected by the Circuit Clerk 
3
in addition to the fine, if
any, and costs in the case.  Each 
4
such additional penalty shall be remitted
by the Circuit Clerk 
5
within one month after receipt to the State Treasurer
for 
6
deposit into the Domestic Violence Shelter and Service Fund.  
7
The
Circuit Clerk shall retain 10% of such penalty to cover the 
8
costs incurred
in administering and enforcing this Section.  
9
Such additional penalty shall
not be considered a part of the 
10
fine for purposes of any reduction in the
fine for time served 
11
either before or after sentencing.

12
    Not later than March 1 of each year the Clerk of the 
13
Circuit Court shall
submit to the State Comptroller a report of 
14
the amount of funds remitted by
him to the State Treasurer 
15
under this Section during the preceding calendar
year.  Except 
16
as otherwise provided by Supreme Court Rules, if a court in

17
sentencing an offender levies a gross amount for fine, costs, 
18
fees and
penalties, the amount of the additional penalty 
19
provided for herein shall
be collected from the amount 
20
remaining after deducting from the gross
amount levied all fees 
21
of the Circuit Clerk, the State's Attorney and the
Sheriff.  
22
After deducting from the gross amount levied the fees and

23
additional penalty provided for herein, less any other 
24
additional penalties
provided by law, the clerk shall remit the 
25
net balance remaining to the
entity authorized by law to 
26
receive the fine imposed in the case.  For
purposes of this 
 


 






09500HB3509ham001
- 3 -
LRB095 09306 RLC 33236 a




1
Section "fees of the Circuit Clerk" shall include, if

2
applicable, the fee provided for under Section 27.3a of the 
3
Clerks of
Courts Act and the fee, if applicable, payable to the 
4
county in which the
violation occurred under Section 5-1101 of 
5
the Counties Code.

6
(Source: P.A. 87-480; 87-895.)".