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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The State Finance Act is amended by adding | ||||||
5 | Section 5.719 and changing Section 8h as follows: | ||||||
6 | (30 ILCS 105/5.719 new)
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7 | Sec. 5.719. The Roadside Memorial Fund. | ||||||
8 | (30 ILCS 105/8h)
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9 | Sec. 8h. Transfers to General Revenue Fund. | ||||||
10 | (a) Except as otherwise provided in this Section and | ||||||
11 | Section 8n of this Act, and
notwithstanding any other
State law | ||||||
12 | to the contrary, the Governor
may, through June 30, 2007, from | ||||||
13 | time to time direct the State Treasurer and Comptroller to | ||||||
14 | transfer
a specified sum from any fund held by the State | ||||||
15 | Treasurer to the General
Revenue Fund in order to help defray | ||||||
16 | the State's operating costs for the
fiscal year. The total | ||||||
17 | transfer under this Section from any fund in any
fiscal year | ||||||
18 | shall not exceed the lesser of (i) 8% of the revenues to be | ||||||
19 | deposited
into the fund during that fiscal year or (ii) an | ||||||
20 | amount that leaves a remaining fund balance of 25% of the July | ||||||
21 | 1 fund balance of that fiscal year. In fiscal year 2005 only, | ||||||
22 | prior to calculating the July 1, 2004 final balances, the |
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1 | Governor may calculate and direct the State Treasurer with the | ||||||
2 | Comptroller to transfer additional amounts determined by | ||||||
3 | applying the formula authorized in Public Act 93-839 to the | ||||||
4 | funds balances on July 1, 2003.
No transfer may be made from a | ||||||
5 | fund under this Section that would have the
effect of reducing | ||||||
6 | the available balance in the fund to an amount less than
the | ||||||
7 | amount remaining unexpended and unreserved from the total | ||||||
8 | appropriation
from that fund estimated to be expended for that | ||||||
9 | fiscal year. This Section does not apply to any
funds that are | ||||||
10 | restricted by federal law to a specific use, to any funds in
| ||||||
11 | the Motor Fuel Tax Fund, the Intercity Passenger Rail Fund, the | ||||||
12 | Hospital Provider Fund, the Medicaid Provider Relief Fund, the | ||||||
13 | Teacher Health Insurance Security Fund, the Reviewing Court | ||||||
14 | Alternative Dispute Resolution Fund, the Voters' Guide Fund, | ||||||
15 | the Foreign Language Interpreter Fund, the Lawyers' Assistance | ||||||
16 | Program Fund, the Supreme Court Federal Projects Fund, the | ||||||
17 | Supreme Court Special State Projects Fund, the Supplemental | ||||||
18 | Low-Income Energy Assistance Fund, the Good Samaritan Energy | ||||||
19 | Trust Fund, the Low-Level Radioactive Waste Facility | ||||||
20 | Development and Operation Fund, the Horse Racing Equity Trust | ||||||
21 | Fund, the Metabolic Screening and Treatment Fund, or the | ||||||
22 | Hospital Basic Services Preservation Fund, or to any
funds to | ||||||
23 | which Section 70-50 of the Nurse Practice Act applies. No | ||||||
24 | transfers may be made under this Section from the Pet | ||||||
25 | Population Control Fund. Notwithstanding any
other provision | ||||||
26 | of this Section, for fiscal year 2004,
the total transfer under |
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1 | this Section from the Road Fund or the State
Construction | ||||||
2 | Account Fund shall not exceed the lesser of (i) 5% of the | ||||||
3 | revenues to be deposited
into the fund during that fiscal year | ||||||
4 | or (ii) 25% of the beginning balance in the fund.
For fiscal | ||||||
5 | year 2005 through fiscal year 2007, no amounts may be | ||||||
6 | transferred under this Section from the Road Fund, the State | ||||||
7 | Construction Account Fund, the Criminal Justice Information | ||||||
8 | Systems Trust Fund, the Wireless Service Emergency Fund, or the | ||||||
9 | Mandatory Arbitration Fund.
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10 | In determining the available balance in a fund, the | ||||||
11 | Governor
may include receipts, transfers into the fund, and | ||||||
12 | other
resources anticipated to be available in the fund in that | ||||||
13 | fiscal year.
| ||||||
14 | The State Treasurer and Comptroller shall transfer the | ||||||
15 | amounts designated
under this Section as soon as may be | ||||||
16 | practicable after receiving the direction
to transfer from the | ||||||
17 | Governor.
| ||||||
18 | (a-5) Transfers directed to be made under this Section on | ||||||
19 | or before February 28, 2006 that are still pending on May 19, | ||||||
20 | 2006 (the effective date of Public Act 94-774) shall be | ||||||
21 | redirected as provided in Section 8n of this Act.
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22 | (b) This Section does not apply to: (i) the Ticket For The | ||||||
23 | Cure Fund; (ii) any fund established under the Community Senior | ||||||
24 | Services and Resources Act; or (iii) on or after January 1, | ||||||
25 | 2006 (the effective date of Public Act 94-511), the Child Labor | ||||||
26 | and Day and Temporary Labor Enforcement Fund. |
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1 | (c) This Section does not apply to the Demutualization | ||||||
2 | Trust Fund established under the Uniform Disposition of | ||||||
3 | Unclaimed Property Act.
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4 | (d) This Section does not apply to moneys set aside in the | ||||||
5 | Illinois State Podiatric Disciplinary Fund for podiatric | ||||||
6 | scholarships and residency programs under the Podiatric | ||||||
7 | Scholarship and Residency Act. | ||||||
8 | (e) Subsection (a) does not apply to, and no transfer may | ||||||
9 | be made under this Section from, the Pension Stabilization | ||||||
10 | Fund.
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11 | (f) Subsection (a) does not apply to, and no transfer may | ||||||
12 | be made under this Section from, the Illinois Power Agency | ||||||
13 | Operations Fund, the Illinois Power Agency Facilities Fund, the | ||||||
14 | Illinois Power Agency Debt Service Fund, and the Illinois Power | ||||||
15 | Agency Trust Fund.
| ||||||
16 | (g)
This Section does not apply to the Veterans Service | ||||||
17 | Organization Reimbursement Fund.
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18 | (h)
This Section does not apply to the Supreme Court | ||||||
19 | Historic Preservation Fund.
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20 | (i) This Section does not apply to, and no transfer may be | ||||||
21 | made under this Section from, the Money Follows the Person | ||||||
22 | Budget Transfer Fund. | ||||||
23 | (j) This Section does not apply to the Roadside Memorial | ||||||
24 | Fund. | ||||||
25 | (Source: P.A. 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, | ||||||
26 | eff. 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; |
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1 | 94-645, eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. | ||||||
2 | 11-2-05; 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, | ||||||
3 | eff. 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; | ||||||
4 | 94-839, eff. 6-6-06; 95-331, eff. 8-21-07; 95-410, eff. | ||||||
5 | 8-24-07; 95-481, eff. 8-28-07; 95-629, eff. 9-25-07; 95-639, | ||||||
6 | eff. 10-5-07; 95-695, eff. 11-5-07; 95-744, eff. 7-18-08; | ||||||
7 | 95-876, eff. 8-21-08.)
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8 | Section 10. The Roadside Memorial Act is amended by | ||||||
9 | changing Section 20 as follows: | ||||||
10 | (605 ILCS 125/20)
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11 | Sec. 20. DUI memorial markers. | ||||||
12 | (a) A DUI memorial marker shall consist of a white on blue | ||||||
13 | panel bearing the message "Please Don't Drink and Drive". At | ||||||
14 | the request of the qualified relative, a separate panel bearing | ||||||
15 | the words "In Memory of (victim's name)", followed by the date | ||||||
16 | of the crash that was the proximate cause of the loss of the | ||||||
17 | victim's life, shall be mounted below the primary panel. | ||||||
18 | (b) A DUI memorial marker may memorialize more than one | ||||||
19 | victim who died as a result of the same DUI-related crash. If | ||||||
20 | one or more additional DUI crash deaths subsequently occur in | ||||||
21 | close proximity to an existing DUI memorial marker, the | ||||||
22 | supporting jurisdiction may use the same marker to memorialize | ||||||
23 | the subsequent death or deaths, by adding the names of the | ||||||
24 | additional persons. |
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1 | (c) A DUI memorial marker shall be maintained for at least | ||||||
2 | 2 years from the date the last person was memorialized on the | ||||||
3 | marker. | ||||||
4 | (d) The supporting jurisdiction has the right to install a | ||||||
5 | marker at a location other than the location of the crash or to | ||||||
6 | relocate a marker due to restricted room, property owner | ||||||
7 | complaints, interference with essential traffic control | ||||||
8 | devices, safety concerns, or other restrictions. In such cases, | ||||||
9 | the sponsoring jurisdiction may select an alternate location. | ||||||
10 | (e) The Department shall secure the consent of any | ||||||
11 | municipality before placing a DUI memorial marker within the | ||||||
12 | corporate limits of the municipality. | ||||||
13 | (f) A fee in an amount to be determined by the supporting | ||||||
14 | jurisdiction may be paid in whole or in part from the Roadside | ||||||
15 | Memorial Fund if moneys are made available by the Department of | ||||||
16 | Transportation from that Fund or may be charged to the | ||||||
17 | qualified relative to the extent moneys from that Fund are not | ||||||
18 | made available . The fee shall not exceed the costs associated | ||||||
19 | with the fabrication, installation, and maintenance of the DUI | ||||||
20 | memorial marker.
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21 | (Source: P.A. 95-398, eff. 1-1-08.)
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22 | Section 13. The Clerks of Courts Act is amended by changing | ||||||
23 | Sections 27.5 and 27.6 as follows:
| ||||||
24 | (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
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1 | Sec. 27.5. (a) All fees, fines, costs, additional | ||||||
2 | penalties, bail balances
assessed or forfeited, and any other | ||||||
3 | amount paid by a person to the circuit
clerk that equals an | ||||||
4 | amount less than $55, except restitution under Section
5-5-6 of | ||||||
5 | the Unified Code of Corrections, reimbursement for the costs of | ||||||
6 | an
emergency response as provided under Section 11-501 of the | ||||||
7 | Illinois Vehicle
Code, any fees collected for attending a | ||||||
8 | traffic safety program under
paragraph (c) of Supreme Court | ||||||
9 | Rule 529, any fee collected on behalf of a
State's Attorney | ||||||
10 | under Section 4-2002 of the Counties Code or a sheriff under
| ||||||
11 | Section 4-5001 of the Counties Code, or any cost imposed under | ||||||
12 | Section 124A-5
of the Code of Criminal Procedure of 1963, for | ||||||
13 | convictions, orders of
supervision, or any other disposition | ||||||
14 | for a violation of Chapters 3, 4, 6,
11, and 12 of the Illinois | ||||||
15 | Vehicle Code, or a similar provision of a local
ordinance, and | ||||||
16 | any violation of the Child Passenger Protection Act, or a
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17 | similar provision of a local ordinance, and except as provided | ||||||
18 | in subsection
(b) shall be disbursed within 60 days after | ||||||
19 | receipt by the circuit
clerk as follows: 47% shall be disbursed | ||||||
20 | to the entity authorized by law to
receive the fine imposed in | ||||||
21 | the case; 12% shall be disbursed to the State
Treasurer; and | ||||||
22 | 41% shall be disbursed to the county's general corporate fund.
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23 | Of the 12% disbursed to the State Treasurer, 1/6 shall be | ||||||
24 | deposited by the
State Treasurer into the Violent Crime Victims | ||||||
25 | Assistance Fund, 1/2 shall be
deposited into the Traffic and | ||||||
26 | Criminal Conviction Surcharge Fund, and 1/3
shall be deposited |
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1 | into the Drivers Education Fund. For fiscal years 1992 and
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2 | 1993, amounts deposited into the Violent Crime Victims | ||||||
3 | Assistance Fund, the
Traffic and Criminal Conviction Surcharge | ||||||
4 | Fund, or the Drivers Education Fund
shall not exceed 110% of | ||||||
5 | the amounts deposited into those funds in fiscal year
1991. Any | ||||||
6 | amount that exceeds the 110% limit shall be distributed as | ||||||
7 | follows:
50% shall be disbursed to the county's general | ||||||
8 | corporate fund and 50% shall be
disbursed to the entity | ||||||
9 | authorized by law to receive the fine imposed in the
case. Not | ||||||
10 | later than March 1 of each year the circuit clerk
shall submit | ||||||
11 | a report of the amount of funds remitted to the State
Treasurer | ||||||
12 | under this Section during the preceding year based upon
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13 | independent verification of fines and fees. All counties shall | ||||||
14 | be subject
to this Section, except that counties with a | ||||||
15 | population under 2,000,000
may, by ordinance, elect not to be | ||||||
16 | subject to this Section. For offenses
subject to this Section, | ||||||
17 | judges shall impose one total sum of money payable
for | ||||||
18 | violations. The circuit clerk may add on no additional amounts | ||||||
19 | except
for amounts that are required by Sections 27.3a and | ||||||
20 | 27.3c of
this Act, unless those amounts are specifically waived | ||||||
21 | by the judge. With
respect to money collected by the circuit | ||||||
22 | clerk as a result of
forfeiture of bail, ex parte judgment or | ||||||
23 | guilty plea pursuant to Supreme
Court Rule 529, the circuit | ||||||
24 | clerk shall first deduct and pay amounts
required by Sections | ||||||
25 | 27.3a and 27.3c of this Act. This Section is a denial
and | ||||||
26 | limitation of home rule powers and functions under subsection |
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| |||||||
1 | (h) of
Section 6 of Article VII of the Illinois Constitution.
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2 | (b) The following amounts must be remitted to the State | ||||||
3 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| ||||||
4 | (1) 50% of the amounts collected for felony offenses | ||||||
5 | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||||||
6 | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||||||
7 | Animals Act and Section 26-5 of the Criminal Code of
1961;
| ||||||
8 | (2) 20% of the amounts collected for Class A and Class | ||||||
9 | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||||||
10 | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||||||
11 | for Animals Act and Section 26-5 of the Criminal
Code of | ||||||
12 | 1961; and
| ||||||
13 | (3) 50% of the amounts collected for Class C | ||||||
14 | misdemeanors under
Sections 4.01 and 7.1 of the Humane Care | ||||||
15 | for Animals Act and Section 26-5
of the Criminal Code of | ||||||
16 | 1961.
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17 | (c) Any person who receives a disposition of court | ||||||
18 | supervision for a violation of the Illinois Vehicle Code or a | ||||||
19 | similar provision of a local ordinance shall, in addition to | ||||||
20 | any other fines, fees, and court costs, pay an additional fee | ||||||
21 | of $20, to be disbursed as provided in Section 16-104c of the | ||||||
22 | Illinois Vehicle Code. In addition to the fee of $20, the | ||||||
23 | person shall also pay a fee of $5, if not waived by the court. | ||||||
24 | If this $5 fee is collected, $4.50 of the fee shall be | ||||||
25 | deposited into the Circuit Court Clerk Operation and | ||||||
26 | Administrative Fund created by the Clerk of the Circuit Court |
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| |||||||
1 | and 50 cents of the fee shall be deposited into the Prisoner | ||||||
2 | Review Board Vehicle and Equipment Fund in the State treasury. | ||||||
3 | (d) Any person convicted of or pleading guilty to a serious | ||||||
4 | traffic violation, as defined in Section 1-187.001 of the | ||||||
5 | Illinois Vehicle Code, shall pay an additional fee of $20, to | ||||||
6 | be disbursed as provided in Section 16-104d of that Code. | ||||||
7 | This subsection (d) becomes inoperative 7 years after the | ||||||
8 | effective date of Public Act 95-154.
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9 | (e) Any person who receives a disposition of court | ||||||
10 | supervision for a violation of Section 11-501 of the Illinois | ||||||
11 | Vehicle Code shall, in addition to any other fines, fees, and | ||||||
12 | court costs, pay an additional fee of $50, which shall
be | ||||||
13 | collected by the circuit clerk and then remitted to the State | ||||||
14 | Treasurer for deposit into the Roadside Memorial Fund, a | ||||||
15 | special fund in the State treasury. However, the court may | ||||||
16 | waive the fee if full restitution is complied with. Subject to | ||||||
17 | appropriation, all moneys in the Roadside Memorial Fund shall | ||||||
18 | be used by the Department of Transportation to pay fees imposed | ||||||
19 | under subsection (f) of Section 20 of the Roadside Memorial | ||||||
20 | Act. The fee shall be remitted by the circuit clerk within one | ||||||
21 | month after receipt to the State Treasurer for deposit into the | ||||||
22 | Roadside Memorial Fund. | ||||||
23 | (Source: P.A. 94-1009, eff. 1-1-07; 95-154, eff. 10-13-07; | ||||||
24 | 95-428, eff. 8-24-07; 95-876, eff. 8-21-08.)
| ||||||
25 | (705 ILCS 105/27.6)
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1 | Sec. 27.6. (a) All fees, fines, costs, additional | ||||||
2 | penalties, bail balances
assessed or forfeited, and any other | ||||||
3 | amount paid by a person to the circuit
clerk equalling an | ||||||
4 | amount of $55 or more, except the fine imposed by Section | ||||||
5 | 5-9-1.15
of the Unified Code of Corrections, the additional fee | ||||||
6 | required
by subsections (b) and (c), restitution under Section | ||||||
7 | 5-5-6 of the
Unified Code of Corrections, reimbursement for the | ||||||
8 | costs of an emergency
response as provided under Section 11-501 | ||||||
9 | of the Illinois Vehicle Code,
any fees collected for attending | ||||||
10 | a traffic safety program under paragraph (c)
of Supreme Court | ||||||
11 | Rule 529, any fee collected on behalf of a State's Attorney
| ||||||
12 | under Section 4-2002 of the Counties Code or a sheriff under | ||||||
13 | Section 4-5001
of the Counties Code, or any cost imposed under | ||||||
14 | Section 124A-5 of the Code of
Criminal Procedure of 1963, for | ||||||
15 | convictions, orders of supervision, or any
other disposition | ||||||
16 | for a violation of Chapters 3, 4, 6, 11, and 12 of the
Illinois | ||||||
17 | Vehicle Code, or a similar provision of a local ordinance, and | ||||||
18 | any
violation of the Child Passenger Protection Act, or a | ||||||
19 | similar provision of a
local ordinance, and except as provided | ||||||
20 | in subsections (d) and (g)
shall be disbursed
within 60 days | ||||||
21 | after receipt by the circuit
clerk as follows: 44.5% shall be | ||||||
22 | disbursed to the entity authorized by law to
receive the fine | ||||||
23 | imposed in the case; 16.825% shall be disbursed to the State
| ||||||
24 | Treasurer; and 38.675% shall be disbursed to the county's | ||||||
25 | general corporate
fund. Of the 16.825% disbursed to the State | ||||||
26 | Treasurer, 2/17 shall be deposited
by the State Treasurer into |
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| |||||||
1 | the Violent Crime Victims Assistance Fund, 5.052/17
shall be | ||||||
2 | deposited into the Traffic and Criminal Conviction Surcharge | ||||||
3 | Fund,
3/17 shall be deposited into the Drivers Education Fund, | ||||||
4 | and 6.948/17 shall be
deposited into the Trauma Center Fund. Of | ||||||
5 | the 6.948/17 deposited into the
Trauma Center Fund from the | ||||||
6 | 16.825% disbursed to the State Treasurer, 50% shall
be | ||||||
7 | disbursed to the Department of Public Health and 50% shall be | ||||||
8 | disbursed to
the Department of Healthcare and Family Services. | ||||||
9 | For fiscal year 1993, amounts deposited into
the Violent Crime | ||||||
10 | Victims Assistance Fund, the Traffic and Criminal
Conviction | ||||||
11 | Surcharge Fund, or the Drivers Education Fund shall not exceed | ||||||
12 | 110%
of the amounts deposited into those funds in fiscal year | ||||||
13 | 1991. Any
amount that exceeds the 110% limit shall be | ||||||
14 | distributed as follows: 50%
shall be disbursed to the county's | ||||||
15 | general corporate fund and 50% shall be
disbursed to the entity | ||||||
16 | authorized by law to receive the fine imposed in
the case. Not | ||||||
17 | later than March 1 of each year the circuit clerk
shall submit | ||||||
18 | a report of the amount of funds remitted to the State
Treasurer | ||||||
19 | under this Section during the preceding year based upon
| ||||||
20 | independent verification of fines and fees. All counties shall | ||||||
21 | be subject
to this Section, except that counties with a | ||||||
22 | population under 2,000,000
may, by ordinance, elect not to be | ||||||
23 | subject to this Section. For offenses
subject to this Section, | ||||||
24 | judges shall impose one total sum of money payable
for | ||||||
25 | violations. The circuit clerk may add on no additional amounts | ||||||
26 | except
for amounts that are required by Sections 27.3a and |
| |||||||
| |||||||
1 | 27.3c of
this Act, unless those amounts are specifically waived | ||||||
2 | by the judge. With
respect to money collected by the circuit | ||||||
3 | clerk as a result of
forfeiture of bail, ex parte judgment or | ||||||
4 | guilty plea pursuant to Supreme
Court Rule 529, the circuit | ||||||
5 | clerk shall first deduct and pay amounts
required by Sections | ||||||
6 | 27.3a and 27.3c of this Act. This Section is a denial
and | ||||||
7 | limitation of home rule powers and functions under subsection | ||||||
8 | (h) of
Section 6 of Article VII of the Illinois Constitution.
| ||||||
9 | (b) In addition to any other fines and court costs assessed | ||||||
10 | by the courts,
any person convicted or receiving an order of | ||||||
11 | supervision for driving under
the influence of alcohol or drugs | ||||||
12 | shall pay an additional fee of $100 to the
clerk of the circuit | ||||||
13 | court. This amount, less 2 1/2% that shall be used to
defray | ||||||
14 | administrative costs incurred by the clerk, shall be remitted | ||||||
15 | by the
clerk to the Treasurer within 60 days after receipt for | ||||||
16 | deposit into the Trauma
Center Fund. This additional fee of | ||||||
17 | $100 shall not be considered a part of the
fine for purposes of | ||||||
18 | any reduction in the fine for time served either before or
| ||||||
19 | after sentencing. Not later than March 1 of each year the | ||||||
20 | Circuit Clerk shall
submit a report of the amount of funds | ||||||
21 | remitted to the State Treasurer under
this subsection during | ||||||
22 | the preceding calendar year.
| ||||||
23 | (b-1) In addition to any other fines and court costs | ||||||
24 | assessed by the courts,
any person convicted or receiving an | ||||||
25 | order of supervision for driving under the
influence of alcohol | ||||||
26 | or drugs shall pay an additional fee of $5 to the clerk
of the |
| |||||||
| |||||||
1 | circuit court. This amount, less
2 1/2% that shall be used to | ||||||
2 | defray administrative costs incurred by the clerk,
shall be | ||||||
3 | remitted by the clerk to the Treasurer within 60 days after | ||||||
4 | receipt
for deposit into the Spinal Cord Injury Paralysis Cure | ||||||
5 | Research Trust Fund.
This additional fee of $5 shall not
be | ||||||
6 | considered a part of the fine for purposes of any reduction in | ||||||
7 | the fine for
time served either before or after sentencing. Not | ||||||
8 | later than March 1 of each
year the Circuit Clerk shall submit | ||||||
9 | a report of the amount of funds remitted to
the State Treasurer | ||||||
10 | under this subsection during the preceding calendar
year.
| ||||||
11 | (c) In addition to any other fines and court costs assessed | ||||||
12 | by the courts,
any person convicted for a violation of Sections | ||||||
13 | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or a | ||||||
14 | person sentenced for a violation of the Cannabis
Control Act, | ||||||
15 | the Illinois Controlled Substances Act, or the Methamphetamine | ||||||
16 | Control and Community Protection Act
shall pay an additional | ||||||
17 | fee of $100 to the clerk
of the circuit court. This amount, | ||||||
18 | less
2 1/2% that shall be used to defray administrative costs | ||||||
19 | incurred by the clerk,
shall be remitted by the clerk to the | ||||||
20 | Treasurer within 60 days after receipt
for deposit into the | ||||||
21 | Trauma Center Fund. This additional fee of $100 shall not
be | ||||||
22 | considered a part of the fine for purposes of any reduction in | ||||||
23 | the fine for
time served either before or after sentencing. Not | ||||||
24 | later than March 1 of each
year the Circuit Clerk shall submit | ||||||
25 | a report of the amount of funds remitted to
the State Treasurer | ||||||
26 | under this subsection during the preceding calendar year.
|
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| |||||||
1 | (c-1) In addition to any other fines and court costs | ||||||
2 | assessed by the
courts, any person sentenced for a violation of | ||||||
3 | the Cannabis Control Act,
the Illinois Controlled Substances | ||||||
4 | Act, or the Methamphetamine Control and Community Protection | ||||||
5 | Act shall pay an additional fee of $5 to the
clerk of the | ||||||
6 | circuit court. This amount, less 2 1/2% that shall be used to
| ||||||
7 | defray administrative costs incurred by the clerk, shall be | ||||||
8 | remitted by the
clerk to the Treasurer within 60 days after | ||||||
9 | receipt for deposit into the Spinal
Cord Injury Paralysis Cure | ||||||
10 | Research Trust Fund. This additional fee of $5
shall not be | ||||||
11 | considered a part of the fine for purposes of any reduction in | ||||||
12 | the
fine for time served either before or after sentencing. Not | ||||||
13 | later than March 1
of each year the Circuit Clerk shall submit | ||||||
14 | a report of the amount of funds
remitted to the State Treasurer | ||||||
15 | under this subsection during the preceding
calendar year.
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16 | (d) The following amounts must be remitted to the State | ||||||
17 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
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18 | (1) 50% of the amounts collected for felony offenses | ||||||
19 | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||||||
20 | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||||||
21 | Animals Act and Section 26-5 of the Criminal Code of
1961;
| ||||||
22 | (2) 20% of the amounts collected for Class A and Class | ||||||
23 | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||||||
24 | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||||||
25 | for Animals Act and Section 26-5 of the Criminal
Code of | ||||||
26 | 1961; and
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| |||||||
1 | (3) 50% of the amounts collected for Class C | ||||||
2 | misdemeanors under Sections
4.01 and 7.1 of the Humane Care | ||||||
3 | for Animals Act and Section 26-5 of the
Criminal Code of | ||||||
4 | 1961.
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5 | (e) Any person who receives a disposition of court | ||||||
6 | supervision for a violation of the Illinois Vehicle Code or a | ||||||
7 | similar provision of a local ordinance shall, in addition to | ||||||
8 | any other fines, fees, and court costs, pay an additional fee | ||||||
9 | of $20, to be disbursed as provided in Section 16-104c of the | ||||||
10 | Illinois Vehicle Code. In addition to the fee of $20, the | ||||||
11 | person shall also pay a fee of $5, if not waived by the court. | ||||||
12 | If this $5 fee is collected, $4.50 of the fee shall be | ||||||
13 | deposited into the Circuit Court Clerk Operation and | ||||||
14 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
15 | and 50 cents of the fee shall be deposited into the Prisoner | ||||||
16 | Review Board Vehicle and Equipment Fund in the State treasury.
| ||||||
17 | (f) This Section does not apply to the additional child | ||||||
18 | pornography fines assessed and collected under Section | ||||||
19 | 5-9-1.14 of the Unified Code of Corrections.
| ||||||
20 | (g)
Of the amounts collected as fines under subsection (b) | ||||||
21 | of Section 3-712 of the Illinois Vehicle Code, 99% shall be | ||||||
22 | deposited into the Illinois Military Family Relief Fund and 1% | ||||||
23 | shall be deposited into the Circuit Court Clerk Operation and | ||||||
24 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
25 | to be used to offset the costs incurred by the Circuit Court | ||||||
26 | Clerk in performing the additional duties required to collect |
| |||||||
| |||||||
1 | and disburse funds to entities of State and local government as | ||||||
2 | provided by law.
| ||||||
3 | (h) Any person who receives a disposition of court | ||||||
4 | supervision for a violation of Section 11-501 of the Illinois | ||||||
5 | Vehicle Code or a similar provision of a local ordinance shall, | ||||||
6 | in addition to any other fines, fees, and court costs, pay an | ||||||
7 | additional fee of $50, which shall
be collected by the circuit | ||||||
8 | clerk and then remitted to the State Treasurer for deposit into | ||||||
9 | the Roadside Memorial Fund, a special fund in the State | ||||||
10 | treasury. However, the court may waive the fee if full | ||||||
11 | restitution is complied with. Subject to appropriation, all | ||||||
12 | moneys in the Roadside Memorial Fund shall be used by the | ||||||
13 | Department of Transportation to pay fees imposed under | ||||||
14 | subsection (f) of Section 20 of the Roadside Memorial Act. The | ||||||
15 | fee shall be remitted by the circuit clerk within one month | ||||||
16 | after receipt to the State Treasurer for deposit into the | ||||||
17 | Roadside Memorial Fund. | ||||||
18 | (Source: P.A. 94-556, eff. 9-11-05; 94-1009, eff. 1-1-07; | ||||||
19 | 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428, eff. 8-24-07; | ||||||
20 | 95-600, eff. 6-1-08; 95-876, eff. 8-21-08.) | ||||||
21 | Section 15. The Unified Code of Corrections is amended by | ||||||
22 | adding Section 5-9-1.17 as follows: | ||||||
23 | (730 ILCS 5/5-9-1.17 new)
| ||||||
24 | Sec. 5-9-1.17. Fee; Roadside Memorial Fund. A person who is |
| |||||||
| |||||||
1 | convicted or receives a disposition of court supervision for a | ||||||
2 | violation of
Section 11-501 of the Illinois Vehicle Code shall, | ||||||
3 | in addition to any other
disposition, penalty, or fine imposed, | ||||||
4 | pay a fee of
$50 which shall
be collected by the clerk of the | ||||||
5 | court and then remitted to the State Treasurer for deposit into | ||||||
6 | the Roadside Memorial Fund, a special fund that is created in | ||||||
7 | the State treasury. However, the court may waive the fee if | ||||||
8 | full restitution is complied with. Subject to appropriation, | ||||||
9 | all moneys in the Roadside Memorial Fund shall be used by the | ||||||
10 | Department of Transportation to pay fees imposed under | ||||||
11 | subsection (f) of Section 20 of the Roadside Memorial Act.
| ||||||
12 | Section 99. Effective date. This Act takes effect upon | ||||||
13 | becoming law.
|