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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 Illinois Vehicle Code is amended by changing | ||||||
| 5 | Section 16-104a as follows:
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| 6 | (625 ILCS 5/16-104a) (from Ch. 95 1/2, par. 16-104a)
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| 7 | Sec. 16-104a. Additional penalty for certain violations. | ||||||
| 8 | (a) There is added
to every fine imposed upon conviction of | ||||||
| 9 | an offense reportable to the
Secretary of State under the | ||||||
| 10 | provisions of subdivision (a) (2) of
Section 6-204 of this Act | ||||||
| 11 | an additional penalty of $4 for each $40, or fraction
thereof, | ||||||
| 12 | of fine imposed. Each such additional penalty received shall be
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| 13 | remitted within one month to the State Treasurer to be | ||||||
| 14 | deposited into the
Drivers Education Fund, unless the | ||||||
| 15 | additional penalty is subject to
disbursement by the circuit | ||||||
| 16 | clerk under Section 27.5 of the Clerks of
Courts Act. Such | ||||||
| 17 | additional amounts shall be assessed by the
court and shall be | ||||||
| 18 | collected by the Clerk of the Circuit Court in addition
to the | ||||||
| 19 | fine and costs in the case. Such additional penalty shall not | ||||||
| 20 | be
considered a part of the fine for purposes of any reduction | ||||||
| 21 | made in the
fine for time served either before or after | ||||||
| 22 | sentencing. Not later than
March 1 of each year the Clerk of | ||||||
| 23 | the Circuit Court shall submit to the
State Comptroller a | ||||||
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| 1 | report of the amount of funds remitted by him to the
State | ||||||
| 2 | Treasurer under this Section during the preceding calendar | ||||||
| 3 | year.
Except as otherwise provided by Supreme Court Rules, if a | ||||||
| 4 | court in
sentencing an offender levies a gross amount for fine, | ||||||
| 5 | costs, fees and
penalties, the amount of the additional penalty | ||||||
| 6 | provided for herein shall
be computed on the amount remaining | ||||||
| 7 | after deducting from the gross amount
levied all fees of the | ||||||
| 8 | Circuit Clerk, the State's Attorney and the Sheriff.
After | ||||||
| 9 | deducting from the gross amount levied the fees and additional
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| 10 | penalty provided for herein, less any other additional | ||||||
| 11 | penalties provided
by law, the clerk shall remit the net | ||||||
| 12 | balance remaining to the entity
authorized by law to receive | ||||||
| 13 | the fine imposed in the case. For purposes of
this Section | ||||||
| 14 | "fees of the Circuit Clerk" shall include, if applicable, the
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| 15 | fee provided for under Section 27.3a of the Clerks of Courts | ||||||
| 16 | Act and the
fee, if applicable, payable to the county in which | ||||||
| 17 | the violation occurred
pursuant to Section 5-1101 of the | ||||||
| 18 | Counties Code.
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| 19 | When bail is forfeited for failure to appear in connection
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| 20 | with an offense reportable to the Secretary of State under | ||||||
| 21 | subdivision (a)
(2) of Section 6-204 of this Act, and no fine | ||||||
| 22 | is imposed ex parte, $4
of
every $40 cash deposit, or fraction | ||||||
| 23 | thereof, given to secure appearance
shall be remitted within | ||||||
| 24 | one month to the State Treasurer
to be deposited into the | ||||||
| 25 | Drivers Education Fund, unless the bail is
subject to | ||||||
| 26 | disbursement by the circuit clerk under Section 27.5 of the
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| 1 | Clerks of Courts Act.
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| 2 | (b) In addition to any other fine or penalty required by | ||||||
| 3 | law for a person convicted of a violation of Section 11-503 or | ||||||
| 4 | 11-601.5 of this Code or a similar provision of a local | ||||||
| 5 | ordinance, the court may, in its discretion, require the person | ||||||
| 6 | to pay an additional criminal penalty that shall be distributed | ||||||
| 7 | in its entirety to a public agency that provided an emergency | ||||||
| 8 | response related to the person's violation. The criminal | ||||||
| 9 | penalty may not exceed $100 per public agency for each | ||||||
| 10 | emergency response provided for a first violation of Section | ||||||
| 11 | 11-503 or
11-601.5 of this Code or a similar provision of a | ||||||
| 12 | local
ordinance. The criminal penalty may not exceed $500 per | ||||||
| 13 | public agency for each emergency response provided for a second | ||||||
| 14 | or subsequent violation of Section 11-503 or
11-601.5 of this | ||||||
| 15 | Code or a similar provision of a local
ordinance. As used in | ||||||
| 16 | this subsection, "emergency response" means any incident | ||||||
| 17 | requiring a response by a police officer, an ambulance, a | ||||||
| 18 | firefighter carried on the rolls of a regularly constituted | ||||||
| 19 | fire department or fire protection district, a firefighter of a | ||||||
| 20 | volunteer fire department, or a member if a recognized | ||||||
| 21 | not-for-profit rescue or emergency medical service provider. | ||||||
| 22 | (Source: P.A. 91-716, eff. 10-1-00.)
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| 23 | Section 99. Effective date. This Act takes effect July 1, | ||||||
| 24 | 2010.
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