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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:
| ||||||
4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
5 | Section 16-104d as follows: | ||||||
6 | (625 ILCS 5/16-104d) | ||||||
7 | Sec. 16-104d. Additional fee; serious traffic violation. | ||||||
8 | Any person who is convicted of, pleads guilty to, or is placed | ||||||
9 | on supervision for a serious traffic violation, as defined in | ||||||
10 | Section 1-187.001 of this Code, a violation of Section 11-501 | ||||||
11 | of this Code, or a violation of a similar provision of a local | ||||||
12 | ordinance shall pay an additional fee of $35 $20 . Of that fee, | ||||||
13 | $15 $7.50 shall be deposited into the Fire Prevention Fund in | ||||||
14 | the State treasury, $15 $7.50 shall be deposited into the Fire | ||||||
15 | Truck Revolving Loan Fund in the State treasury, and $5 shall | ||||||
16 | be deposited into the Circuit Court Clerk Operation and | ||||||
17 | Administrative Fund created by the Clerk of the Circuit Court. | ||||||
18 | This Section becomes inoperative 7 years after the | ||||||
19 | effective date of this amendatory Act of the 95th General | ||||||
20 | Assembly.
| ||||||
21 | (Source: P.A. 95-154, eff. 10-13-07; 96-286, eff. 8-11-09.) | ||||||
22 | Section 10. The Clerks of Courts Act is amended by changing |
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1 | Sections 27.5 and 27.6 as follows:
| ||||||
2 | (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
| ||||||
3 | Sec. 27.5. (a) All fees, fines, costs, additional | ||||||
4 | penalties, bail balances
assessed or forfeited, and any other | ||||||
5 | amount paid by a person to the circuit
clerk that equals an | ||||||
6 | amount less than $55, except restitution under Section
5-5-6 of | ||||||
7 | the Unified Code of Corrections, reimbursement for the costs of | ||||||
8 | an
emergency response as provided under Section 11-501 of the | ||||||
9 | Illinois Vehicle
Code, any fees collected for attending a | ||||||
10 | 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 otherwise | ||||||
20 | provided in this Section in subsection
(b) shall be disbursed | ||||||
21 | within 60 days after receipt by the circuit
clerk as follows: | ||||||
22 | 47% shall be disbursed to the entity authorized by law to
| ||||||
23 | receive the fine imposed in the case; 12% shall be disbursed to | ||||||
24 | the State
Treasurer; and 41% shall be disbursed to the county's | ||||||
25 | general corporate fund.
Of the 12% disbursed to the State |
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| |||||||
1 | Treasurer, 1/6 shall be deposited by the
State Treasurer into | ||||||
2 | the Violent Crime Victims Assistance Fund, 1/2 shall be
| ||||||
3 | deposited into the Traffic and Criminal Conviction Surcharge | ||||||
4 | Fund, and 1/3
shall be deposited into the Drivers Education | ||||||
5 | Fund. For fiscal years 1992 and
1993, amounts deposited into | ||||||
6 | the Violent Crime Victims Assistance Fund, the
Traffic and | ||||||
7 | Criminal Conviction Surcharge Fund, or the Drivers Education | ||||||
8 | Fund
shall not exceed 110% of the amounts deposited into those | ||||||
9 | funds in fiscal year
1991. Any amount that exceeds the 110% | ||||||
10 | limit shall be distributed as follows:
50% shall be disbursed | ||||||
11 | to the county's general corporate fund and 50% shall be
| ||||||
12 | disbursed to the entity authorized by law to receive the fine | ||||||
13 | imposed in the
case. Not later than March 1 of each year the | ||||||
14 | circuit clerk
shall submit a report of the amount of funds | ||||||
15 | remitted to the State
Treasurer under this Section during the | ||||||
16 | preceding year based upon
independent verification of fines and | ||||||
17 | fees. All counties shall be subject
to this Section, except | ||||||
18 | that counties with a population under 2,000,000
may, by | ||||||
19 | ordinance, elect not to be subject to this Section. For | ||||||
20 | offenses
subject to this Section, judges shall impose one total | ||||||
21 | sum of money payable
for violations. The circuit clerk may add | ||||||
22 | on no additional amounts except
for amounts that are required | ||||||
23 | by Sections 27.3a and 27.3c of
this Act, Section 16-104c of the | ||||||
24 | Illinois Vehicle Code, and subsection (a) of Section 5-1101 of | ||||||
25 | the Counties Code, unless those amounts are specifically waived | ||||||
26 | by the judge. With
respect to money collected by the circuit |
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1 | clerk as a result of
forfeiture of bail, ex parte judgment or | ||||||
2 | guilty plea pursuant to Supreme
Court Rule 529, the circuit | ||||||
3 | clerk shall first deduct and pay amounts
required by Sections | ||||||
4 | 27.3a and 27.3c of this Act. Unless a court ordered payment | ||||||
5 | schedule is implemented or fee requirements are waived pursuant | ||||||
6 | to a court order, the circuit clerk may add to any unpaid fees | ||||||
7 | and costs a delinquency amount equal to 5% of the unpaid fees | ||||||
8 | that remain unpaid after 30 days, 10% of the unpaid fees that | ||||||
9 | remain unpaid after 60 days, and 15% of the unpaid fees that | ||||||
10 | remain unpaid after 90 days. Notice to those parties may be | ||||||
11 | made by signage posting or publication. The additional | ||||||
12 | delinquency amounts collected under this Section shall be | ||||||
13 | deposited in the Circuit Court Clerk Operation and | ||||||
14 | Administrative Fund to be used to defray administrative costs | ||||||
15 | incurred by the circuit clerk in performing the duties required | ||||||
16 | to collect and disburse funds. This Section is a denial
and | ||||||
17 | limitation of home rule powers and functions under subsection | ||||||
18 | (h) of
Section 6 of Article VII of the Illinois Constitution.
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19 | (b) The following amounts must be remitted to the State | ||||||
20 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
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21 | (1) 50% of the amounts collected for felony offenses | ||||||
22 | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||||||
23 | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||||||
24 | Animals Act and Section 26-5 of the Criminal Code of
1961;
| ||||||
25 | (2) 20% of the amounts collected for Class A and Class | ||||||
26 | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, |
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1 | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||||||
2 | for Animals Act and Section 26-5 of the Criminal
Code of | ||||||
3 | 1961; and
| ||||||
4 | (3) 50% of the amounts collected for Class C | ||||||
5 | misdemeanors under
Sections 4.01 and 7.1 of the Humane Care | ||||||
6 | for Animals Act and Section 26-5
of the Criminal Code of | ||||||
7 | 1961.
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8 | (c) Any person who receives a disposition of court | ||||||
9 | supervision for a violation of the Illinois Vehicle Code or a | ||||||
10 | similar provision of a local ordinance shall, in addition to | ||||||
11 | any other fines, fees, and court costs, pay an additional fee | ||||||
12 | of $29, to be disbursed as provided in Section 16-104c of the | ||||||
13 | Illinois Vehicle Code. In addition to the fee of $29, the | ||||||
14 | person shall also pay a fee of $6, if not waived by the court. | ||||||
15 | If this $6 fee is collected, $5.50 of the fee shall be | ||||||
16 | deposited into the Circuit Court Clerk Operation and | ||||||
17 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
18 | and 50 cents of the fee shall be deposited into the Prisoner | ||||||
19 | Review Board Vehicle and Equipment Fund in the State treasury. | ||||||
20 | (d) Any person convicted of, pleading guilty to, or placed | ||||||
21 | on supervision for a serious traffic violation, as defined in | ||||||
22 | Section 1-187.001 of the Illinois Vehicle Code, a violation of | ||||||
23 | Section 11-501 of the Illinois Vehicle Code, or a violation of | ||||||
24 | a similar provision of a local ordinance shall pay an | ||||||
25 | additional fee of $35 $20 , to be disbursed as provided in | ||||||
26 | Section 16-104d of that Code. |
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1 | Subsection (d) becomes inoperative 7 years after the | ||||||
2 | effective date of Public Act 95-154.
| ||||||
3 | (e) In all counties having a population of 3,000,000 or | ||||||
4 | more inhabitants : , | ||||||
5 | (1) (e-1) A person who is found guilty of or pleads | ||||||
6 | guilty to violating subsection (a) of Section 11-501 of the | ||||||
7 | Illinois Vehicle Code, including any person placed on court | ||||||
8 | supervision for violating subsection (a), shall be fined | ||||||
9 | $500 as provided for by subsection (f) of Section 11-501.01 | ||||||
10 | of the Illinois Vehicle Code, payable to the circuit clerk, | ||||||
11 | who shall distribute the money pursuant to subsection (f) | ||||||
12 | of Section 11-501.01 of the Illinois Vehicle Code. | ||||||
13 | (2) (e-2) When a crime laboratory DUI analysis fee of | ||||||
14 | $150, provided for by Section 5-9-1.9 of the Unified Code | ||||||
15 | of Corrections is assessed, it shall be disbursed by the | ||||||
16 | circuit clerk as provided by subsection (f) of Section | ||||||
17 | 5-9-1.9 of the Unified Code of Corrections. | ||||||
18 | (3) (e-3) When a fine for a violation of subsection (a) | ||||||
19 | of Section 11-605 of the Illinois Vehicle Code is $150 or | ||||||
20 | greater, the additional $50 which is charged as provided | ||||||
21 | for by subsection (f) of Section 11-605 of the Illinois | ||||||
22 | Vehicle Code shall be disbursed by the circuit clerk to a | ||||||
23 | school district or districts for school safety purposes as | ||||||
24 | provided by subsection (f) of Section 11-605. | ||||||
25 | (4) (e-3.5) When a fine for a violation of subsection | ||||||
26 | (a) of Section 11-1002.5 of the Illinois Vehicle Code is |
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1 | $150 or greater, the additional $50 which is charged as | ||||||
2 | provided for by subsection (c) of Section 11-1002.5 of the | ||||||
3 | Illinois Vehicle Code shall be disbursed by the circuit | ||||||
4 | clerk to a school district or districts for school safety | ||||||
5 | purposes as provided by subsection (c) of Section 11-1002.5 | ||||||
6 | of the Illinois Vehicle Code. | ||||||
7 | (5) (e-4) When a mandatory drug court fee of up to $5 | ||||||
8 | is assessed as provided in subsection (f) of Section 5-1101 | ||||||
9 | of the Counties Code, it shall be disbursed by the circuit | ||||||
10 | clerk as provided in subsection (f) of Section 5-1101 of | ||||||
11 | the Counties Code. | ||||||
12 | (6) (e-5) When a mandatory teen court, peer jury, youth | ||||||
13 | court, or other youth diversion program fee is assessed as | ||||||
14 | provided in subsection (e) of Section 5-1101 of the | ||||||
15 | Counties Code, it shall be disbursed by the circuit clerk | ||||||
16 | as provided in subsection (e) of Section 5-1101 of the | ||||||
17 | Counties Code. | ||||||
18 | (7) (e-6) When a Children's Advocacy Center fee is | ||||||
19 | assessed pursuant to subsection (f-5) of Section 5-1101 of | ||||||
20 | the Counties Code, it shall be disbursed by the circuit | ||||||
21 | clerk as provided in subsection (f-5) of Section 5-1101 of | ||||||
22 | the Counties Code. | ||||||
23 | (8) (e-7) When a victim impact panel fee is assessed | ||||||
24 | pursuant to subsection (b) of Section 11-501.01 of the | ||||||
25 | Illinois Vehicle Code, it shall be disbursed by the circuit | ||||||
26 | clerk to the victim impact panel to be
attended by the |
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1 | defendant. | ||||||
2 | (9) (e-8) When a new fee collected in traffic cases is | ||||||
3 | enacted after January 1, 2010 ( the effective date of Public | ||||||
4 | Act 96-735) this amendatory Act of the 96th General | ||||||
5 | Assembly , it shall be excluded from the percentage | ||||||
6 | disbursement provisions of this Section unless otherwise | ||||||
7 | indicated by law. | ||||||
8 | (f) (e) Any person who receives a disposition of court | ||||||
9 | supervision for a violation of Section 11-501 of the Illinois | ||||||
10 | Vehicle Code shall, in addition to any other fines, fees, and | ||||||
11 | court costs, pay an additional fee of $50, which shall
be | ||||||
12 | collected by the circuit clerk and then remitted to the State | ||||||
13 | Treasurer for deposit into the Roadside Memorial Fund, a | ||||||
14 | special fund in the State treasury. However, the court may | ||||||
15 | waive the fee if full restitution is complied with. Subject to | ||||||
16 | appropriation, all moneys in the Roadside Memorial Fund shall | ||||||
17 | be used by the Department of Transportation to pay fees imposed | ||||||
18 | under subsection (f) of Section 20 of the Roadside Memorial | ||||||
19 | Act. The fee shall be remitted by the circuit clerk within one | ||||||
20 | month after receipt to the State Treasurer for deposit into the | ||||||
21 | Roadside Memorial Fund. | ||||||
22 | (g) (e) For any conviction or disposition of court | ||||||
23 | supervision for a violation of Section 11-1429 of the Illinois | ||||||
24 | Vehicle Code, the circuit clerk shall distribute the fines paid | ||||||
25 | by the person as specified by subsection (h) of Section 11-1429 | ||||||
26 | of the Illinois Vehicle Code. |
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| |||||||
1 | (Source: P.A. 95-154, eff. 10-13-07; 95-428, eff. 8-24-07; | ||||||
2 | 95-876, eff. 8-21-08; 96-286, eff. 8-11-09; 96-576, eff. | ||||||
3 | 8-18-09; 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-735, | ||||||
4 | eff. 1-1-10; revised 11-5-09.)
| ||||||
5 | (705 ILCS 105/27.6)
| ||||||
6 | (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625, | ||||||
7 | and 96-667) | ||||||
8 | Sec. 27.6. (a) All fees, fines, costs, additional | ||||||
9 | penalties, bail balances
assessed or forfeited, and any other | ||||||
10 | amount paid by a person to the circuit
clerk equalling an | ||||||
11 | amount of $55 or more, except the fine imposed by Section | ||||||
12 | 5-9-1.15
of the Unified Code of Corrections, the additional fee | ||||||
13 | required
by subsections (b) and (c), restitution under Section | ||||||
14 | 5-5-6 of the
Unified Code of Corrections, contributions to a | ||||||
15 | local anti-crime program ordered pursuant to Section | ||||||
16 | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | ||||||
17 | Corrections, reimbursement for the costs of an emergency
| ||||||
18 | response as provided under Section 11-501 of the Illinois | ||||||
19 | Vehicle Code,
any fees collected for attending a traffic safety | ||||||
20 | program under paragraph (c)
of Supreme Court Rule 529, any fee | ||||||
21 | collected on behalf of a State's Attorney
under Section 4-2002 | ||||||
22 | of the Counties Code or a sheriff under Section 4-5001
of the | ||||||
23 | Counties Code, or any cost imposed under Section 124A-5 of the | ||||||
24 | Code of
Criminal Procedure of 1963, for convictions, orders of | ||||||
25 | supervision, or any
other disposition for a violation of |
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| |||||||
1 | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | ||||||
2 | similar provision of a local ordinance, and any
violation of | ||||||
3 | the Child Passenger Protection Act, or a similar provision of a
| ||||||
4 | local ordinance, and except as otherwise provided in this | ||||||
5 | Section subsections (d) and (g)
shall be disbursed
within 60 | ||||||
6 | days after receipt by the circuit
clerk as follows: 44.5% shall | ||||||
7 | be disbursed to the entity authorized by law to
receive the | ||||||
8 | fine imposed in the case; 16.825% shall be disbursed to the | ||||||
9 | State
Treasurer; and 38.675% shall be disbursed to the county's | ||||||
10 | general corporate
fund. Of the 16.825% disbursed to the State | ||||||
11 | Treasurer, 2/17 shall be deposited
by the State Treasurer into | ||||||
12 | the Violent Crime Victims Assistance Fund, 5.052/17
shall be | ||||||
13 | deposited into the Traffic and Criminal Conviction Surcharge | ||||||
14 | Fund,
3/17 shall be deposited into the Drivers Education Fund, | ||||||
15 | and 6.948/17 shall be
deposited into the Trauma Center Fund. Of | ||||||
16 | the 6.948/17 deposited into the
Trauma Center Fund from the | ||||||
17 | 16.825% disbursed to the State Treasurer, 50% shall
be | ||||||
18 | disbursed to the Department of Public Health and 50% shall be | ||||||
19 | disbursed to
the Department of Healthcare and Family Services. | ||||||
20 | For fiscal year 1993, amounts deposited into
the Violent Crime | ||||||
21 | Victims Assistance Fund, the Traffic and Criminal
Conviction | ||||||
22 | Surcharge Fund, or the Drivers Education Fund shall not exceed | ||||||
23 | 110%
of the amounts deposited into those funds in fiscal year | ||||||
24 | 1991. Any
amount that exceeds the 110% limit shall be | ||||||
25 | distributed as follows: 50%
shall be disbursed to the county's | ||||||
26 | general corporate fund and 50% shall be
disbursed to the entity |
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| |||||||
1 | authorized by law to receive the fine imposed in
the case. Not | ||||||
2 | later than March 1 of each year the circuit clerk
shall submit | ||||||
3 | a report of the amount of funds remitted to the State
Treasurer | ||||||
4 | under this Section during the preceding year based upon
| ||||||
5 | independent verification of fines and fees. All counties shall | ||||||
6 | be subject
to this Section, except that counties with a | ||||||
7 | population under 2,000,000
may, by ordinance, elect not to be | ||||||
8 | subject to this Section. For offenses
subject to this Section, | ||||||
9 | judges shall impose one total sum of money payable
for | ||||||
10 | violations. The circuit clerk may add on no additional amounts | ||||||
11 | except
for amounts that are required by Sections 27.3a and | ||||||
12 | 27.3c of
this Act, unless those amounts are specifically waived | ||||||
13 | by the judge. With
respect to money collected by the circuit | ||||||
14 | clerk as a result of
forfeiture of bail, ex parte judgment or | ||||||
15 | guilty plea pursuant to Supreme
Court Rule 529, the circuit | ||||||
16 | clerk shall first deduct and pay amounts
required by Sections | ||||||
17 | 27.3a and 27.3c of this Act. This Section is a denial
and | ||||||
18 | limitation of home rule powers and functions under subsection | ||||||
19 | (h) of
Section 6 of Article VII of the Illinois Constitution.
| ||||||
20 | (b) In addition to any other fines and court costs assessed | ||||||
21 | by the courts,
any person convicted or receiving an order of | ||||||
22 | supervision for driving under
the influence of alcohol or drugs | ||||||
23 | shall pay an additional fee of $100 to the
clerk of the circuit | ||||||
24 | court. This amount, less 2 1/2% that shall be used to
defray | ||||||
25 | administrative costs incurred by the clerk, shall be remitted | ||||||
26 | by the
clerk to the Treasurer within 60 days after receipt for |
| |||||||
| |||||||
1 | deposit into the Trauma
Center Fund. This additional fee of | ||||||
2 | $100 shall not be considered a part of the
fine for purposes of | ||||||
3 | any reduction in the fine for time served either before or
| ||||||
4 | after sentencing. Not later than March 1 of each year the | ||||||
5 | Circuit Clerk shall
submit a report of the amount of funds | ||||||
6 | remitted to the State Treasurer under
this subsection during | ||||||
7 | the preceding calendar year.
| ||||||
8 | (b-1) In addition to any other fines and court costs | ||||||
9 | assessed by the courts,
any person convicted or receiving an | ||||||
10 | order of supervision for driving under the
influence of alcohol | ||||||
11 | or drugs shall pay an additional fee of $5 to the clerk
of the | ||||||
12 | circuit court. This amount, less
2 1/2% that shall be used to | ||||||
13 | defray administrative costs incurred by the clerk,
shall be | ||||||
14 | remitted by the clerk to the Treasurer within 60 days after | ||||||
15 | receipt
for deposit into the Spinal Cord Injury Paralysis Cure | ||||||
16 | Research Trust Fund.
This additional fee of $5 shall not
be | ||||||
17 | considered a part of the fine for purposes of any reduction in | ||||||
18 | the fine for
time served either before or after sentencing. Not | ||||||
19 | later than March 1 of each
year the Circuit Clerk shall submit | ||||||
20 | a report of the amount of funds remitted to
the State Treasurer | ||||||
21 | under this subsection during the preceding calendar
year.
| ||||||
22 | (c) In addition to any other fines and court costs assessed | ||||||
23 | by the courts,
any person convicted for a violation of Sections | ||||||
24 | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or a | ||||||
25 | person sentenced for a violation of the Cannabis
Control Act, | ||||||
26 | the Illinois Controlled Substances Act, or the Methamphetamine |
| |||||||
| |||||||
1 | Control and Community Protection Act
shall pay an additional | ||||||
2 | fee of $100 to the clerk
of the circuit court. This amount, | ||||||
3 | less
2 1/2% that shall be used to defray administrative costs | ||||||
4 | incurred by the clerk,
shall be remitted by the clerk to the | ||||||
5 | Treasurer within 60 days after receipt
for deposit into the | ||||||
6 | Trauma Center Fund. This additional fee of $100 shall not
be | ||||||
7 | considered a part of the fine for purposes of any reduction in | ||||||
8 | the fine for
time served either before or after sentencing. Not | ||||||
9 | later than March 1 of each
year the Circuit Clerk shall submit | ||||||
10 | a report of the amount of funds remitted to
the State Treasurer | ||||||
11 | under this subsection during the preceding calendar year.
| ||||||
12 | (c-1) In addition to any other fines and court costs | ||||||
13 | assessed by the
courts, any person sentenced for a violation of | ||||||
14 | the Cannabis Control Act,
the Illinois Controlled Substances | ||||||
15 | Act, or the Methamphetamine Control and Community Protection | ||||||
16 | Act shall pay an additional fee of $5 to the
clerk of the | ||||||
17 | circuit court. This amount, less 2 1/2% that shall be used to
| ||||||
18 | defray administrative costs incurred by the clerk, shall be | ||||||
19 | remitted by the
clerk to the Treasurer within 60 days after | ||||||
20 | receipt for deposit into the Spinal
Cord Injury Paralysis Cure | ||||||
21 | Research Trust Fund. This additional fee of $5
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.
|
| |||||||
| |||||||
1 | (d) The following amounts must be remitted to the State | ||||||
2 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| ||||||
3 | (1) 50% of the amounts collected for felony offenses | ||||||
4 | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||||||
5 | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||||||
6 | Animals Act and Section 26-5 of the Criminal Code of
1961;
| ||||||
7 | (2) 20% of the amounts collected for Class A and Class | ||||||
8 | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||||||
9 | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||||||
10 | for Animals Act and Section 26-5 of the Criminal
Code of | ||||||
11 | 1961; and
| ||||||
12 | (3) 50% of the amounts collected for Class C | ||||||
13 | misdemeanors under Sections
4.01 and 7.1 of the Humane Care | ||||||
14 | for Animals Act and Section 26-5 of the
Criminal Code of | ||||||
15 | 1961.
| ||||||
16 | (e) Any person who receives a disposition of court | ||||||
17 | supervision for a violation of the Illinois Vehicle Code or a | ||||||
18 | similar provision of a local ordinance shall, in addition to | ||||||
19 | any other fines, fees, and court costs, pay an additional fee | ||||||
20 | of $29, to be disbursed as provided in Section 16-104c of the | ||||||
21 | Illinois Vehicle Code. In addition to the fee of $29, the | ||||||
22 | person shall also pay a fee of $6, if not waived by the court. | ||||||
23 | If this $6 fee is collected, $5.50 of the fee shall be | ||||||
24 | deposited into the Circuit Court Clerk Operation and | ||||||
25 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
26 | and 50 cents of the fee shall be deposited into the Prisoner |
| |||||||
| |||||||
1 | Review Board Vehicle and Equipment Fund in the State treasury.
| ||||||
2 | (f) This Section does not apply to the additional child | ||||||
3 | pornography fines assessed and collected under Section | ||||||
4 | 5-9-1.14 of the Unified Code of Corrections.
| ||||||
5 | (g) (Blank). | ||||||
6 | (h) (Blank). | ||||||
7 | (i) (g)
Of the amounts collected as fines under subsection | ||||||
8 | (b) of Section 3-712 of the Illinois Vehicle Code, 99% shall be | ||||||
9 | deposited into the Illinois Military Family Relief Fund and 1% | ||||||
10 | shall be deposited into the Circuit Court Clerk Operation and | ||||||
11 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
12 | to be used to offset the costs incurred by the Circuit Court | ||||||
13 | Clerk in performing the additional duties required to collect | ||||||
14 | and disburse funds to entities of State and local government as | ||||||
15 | provided by law.
| ||||||
16 | (j) (h) Any person convicted of, pleading guilty to, or | ||||||
17 | placed on supervision for a serious traffic violation, as | ||||||
18 | defined in Section 1-187.001 of the Illinois Vehicle Code, a | ||||||
19 | violation of Section 11-501 of the Illinois Vehicle Code, or a | ||||||
20 | violation of a similar provision of a local ordinance shall pay | ||||||
21 | an additional fee of $35 $20 , to be disbursed as provided in | ||||||
22 | Section 16-104d of that Code. | ||||||
23 | This subsection (h) becomes inoperative 7 years after the | ||||||
24 | effective date of Public Act 95-154. | ||||||
25 | (k) (h) For any conviction or disposition of court | ||||||
26 | supervision for a violation of Section 11-1429 of the Illinois |
| |||||||
| |||||||
1 | Vehicle Code, the circuit clerk shall distribute the fines paid | ||||||
2 | by the person as specified by subsection (h) of Section 11-1429 | ||||||
3 | of the Illinois Vehicle Code. | ||||||
4 | (l) (h) Any person who receives a disposition of court | ||||||
5 | supervision for a violation of Section 11-501 of the Illinois | ||||||
6 | Vehicle Code or a similar provision of a local ordinance shall, | ||||||
7 | in addition to any other fines, fees, and court costs, pay an | ||||||
8 | additional fee of $50, which shall
be collected by the circuit | ||||||
9 | clerk and then remitted to the State Treasurer for deposit into | ||||||
10 | the Roadside Memorial Fund, a special fund in the State | ||||||
11 | treasury. However, the court may waive the fee if full | ||||||
12 | restitution is complied with. Subject to appropriation, all | ||||||
13 | moneys in the Roadside Memorial Fund shall be used by the | ||||||
14 | Department of Transportation to pay fees imposed under | ||||||
15 | subsection (f) of Section 20 of the Roadside Memorial Act. The | ||||||
16 | fee shall be remitted by the circuit clerk within one month | ||||||
17 | after receipt to the State Treasurer for deposit into the | ||||||
18 | Roadside Memorial Fund. | ||||||
19 | (Source: P.A. 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428, | ||||||
20 | eff. 8-24-07; 95-600, eff. 6-1-08; 95-876, eff. 8-21-08; | ||||||
21 | 96-286, eff. 8-11-09; 96-576, eff. 8-18-09; 96-578, eff. | ||||||
22 | 8-18-09; 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; revised | ||||||
23 | 12-29-09.) | ||||||
24 | (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667, | ||||||
25 | and 96-735) |
| |||||||
| |||||||
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, contributions to a | ||||||
8 | local anti-crime program ordered pursuant to Section | ||||||
9 | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | ||||||
10 | Corrections, reimbursement for the costs of an emergency
| ||||||
11 | response as provided under Section 11-501 of the Illinois | ||||||
12 | Vehicle Code,
any fees collected for attending a traffic safety | ||||||
13 | program under paragraph (c)
of Supreme Court Rule 529, any fee | ||||||
14 | collected on behalf of a State's Attorney
under Section 4-2002 | ||||||
15 | of the Counties Code or a sheriff under Section 4-5001
of the | ||||||
16 | Counties Code, or any cost imposed under Section 124A-5 of the | ||||||
17 | Code of
Criminal Procedure of 1963, for convictions, orders of | ||||||
18 | supervision, or any
other disposition for a violation of | ||||||
19 | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | ||||||
20 | similar provision of a local ordinance, and any
violation of | ||||||
21 | the Child Passenger Protection Act, or a similar provision of a
| ||||||
22 | local ordinance, and except as otherwise provided in this | ||||||
23 | Section subsections (b) through (h)
shall be disbursed
within | ||||||
24 | 60 days after receipt by the circuit
clerk as follows: 44.5% | ||||||
25 | shall be disbursed to the entity authorized by law to
receive | ||||||
26 | the fine imposed in the case; 16.825% shall be disbursed to the |
| |||||||
| |||||||
1 | State
Treasurer; and 38.675% shall be disbursed to the county's | ||||||
2 | general corporate
fund. Of the 16.825% disbursed to the State | ||||||
3 | Treasurer, 2/17 shall be deposited
by the State Treasurer into | ||||||
4 | the Violent Crime Victims Assistance Fund, 5.052/17
shall be | ||||||
5 | deposited into the Traffic and Criminal Conviction Surcharge | ||||||
6 | Fund,
3/17 shall be deposited into the Drivers Education Fund, | ||||||
7 | and 6.948/17 shall be
deposited into the Trauma Center Fund. Of | ||||||
8 | the 6.948/17 deposited into the
Trauma Center Fund from the | ||||||
9 | 16.825% disbursed to the State Treasurer, 50% shall
be | ||||||
10 | disbursed to the Department of Public Health and 50% shall be | ||||||
11 | disbursed to
the Department of Healthcare and Family Services. | ||||||
12 | For fiscal year 1993, amounts deposited into
the Violent Crime | ||||||
13 | Victims Assistance Fund, the Traffic and Criminal
Conviction | ||||||
14 | Surcharge Fund, or the Drivers Education Fund shall not exceed | ||||||
15 | 110%
of the amounts deposited into those funds in fiscal year | ||||||
16 | 1991. Any
amount that exceeds the 110% limit shall be | ||||||
17 | distributed as follows: 50%
shall be disbursed to the county's | ||||||
18 | general corporate fund and 50% shall be
disbursed to the entity | ||||||
19 | authorized by law to receive the fine imposed in
the case. Not | ||||||
20 | later than March 1 of each year the circuit clerk
shall submit | ||||||
21 | a report of the amount of funds remitted to the State
Treasurer | ||||||
22 | under this Section during the preceding year based upon
| ||||||
23 | independent verification of fines and fees. All counties shall | ||||||
24 | be subject
to this Section, except that counties with a | ||||||
25 | population under 2,000,000
may, by ordinance, elect not to be | ||||||
26 | subject to this Section. For offenses
subject to this Section, |
| |||||||
| |||||||
1 | judges shall impose one total sum of money payable
for | ||||||
2 | violations. The circuit clerk may add on no additional amounts | ||||||
3 | except
for amounts that are required by Sections 27.3a and | ||||||
4 | 27.3c of
this Act, Section 16-104c of the Illinois Vehicle | ||||||
5 | Code, and subsection (a) of Section 5-1101 of the Counties | ||||||
6 | Code, unless those amounts are specifically waived by the | ||||||
7 | judge. With
respect to money collected by the circuit clerk as | ||||||
8 | a result of
forfeiture of bail, ex parte judgment or guilty | ||||||
9 | plea pursuant to Supreme
Court Rule 529, the circuit clerk | ||||||
10 | shall first deduct and pay amounts
required by Sections 27.3a | ||||||
11 | and 27.3c of this Act. Unless a court ordered payment schedule | ||||||
12 | is implemented or fee requirements are waived pursuant to court | ||||||
13 | order, the clerk of the court may add to any unpaid fees and | ||||||
14 | costs a delinquency amount equal to 5% of the unpaid fees that | ||||||
15 | remain unpaid after 30 days, 10% of the unpaid fees that remain | ||||||
16 | unpaid after 60 days, and 15% of the unpaid fees that remain | ||||||
17 | unpaid after 90 days. Notice to those parties may be made by | ||||||
18 | signage posting or publication. The additional delinquency | ||||||
19 | amounts collected under this Section shall be deposited in the | ||||||
20 | Circuit Court Clerk Operation and Administrative Fund to be | ||||||
21 | used to defray administrative costs incurred by the circuit | ||||||
22 | clerk in performing the duties required to collect and disburse | ||||||
23 | funds. This Section is a denial
and limitation of home rule | ||||||
24 | powers and functions under subsection (h) of
Section 6 of | ||||||
25 | Article VII of the Illinois Constitution.
| ||||||
26 | (b) In addition to any other fines and court costs assessed |
| |||||||
| |||||||
1 | by the courts,
any person convicted or receiving an order of | ||||||
2 | supervision for driving under
the influence of alcohol or drugs | ||||||
3 | shall pay an additional fee of $100 to the
clerk of the circuit | ||||||
4 | court. This amount, less 2 1/2% that shall be used to
defray | ||||||
5 | administrative costs incurred by the clerk, shall be remitted | ||||||
6 | by the
clerk to the Treasurer within 60 days after receipt for | ||||||
7 | deposit into the Trauma
Center Fund. This additional fee of | ||||||
8 | $100 shall not be considered a part of the
fine for purposes of | ||||||
9 | any reduction in the fine for time served either before or
| ||||||
10 | after sentencing. Not later than March 1 of each year the | ||||||
11 | Circuit Clerk shall
submit a report of the amount of funds | ||||||
12 | remitted to the State Treasurer under
this subsection during | ||||||
13 | the preceding calendar year.
| ||||||
14 | (b-1) In addition to any other fines and court costs | ||||||
15 | assessed by the courts,
any person convicted or receiving an | ||||||
16 | order of supervision for driving under the
influence of alcohol | ||||||
17 | or drugs shall pay an additional fee of $5 to the clerk
of the | ||||||
18 | circuit court. This amount, less
2 1/2% that shall be used to | ||||||
19 | defray administrative costs incurred by the clerk,
shall be | ||||||
20 | remitted by the clerk to the Treasurer within 60 days after | ||||||
21 | receipt
for deposit into the Spinal Cord Injury Paralysis Cure | ||||||
22 | Research Trust Fund.
This additional fee of $5 shall not
be | ||||||
23 | considered a part of the fine for purposes of any reduction in | ||||||
24 | the fine for
time served either before or after sentencing. Not | ||||||
25 | later than March 1 of each
year the Circuit Clerk shall submit | ||||||
26 | a report of the amount of funds remitted to
the State Treasurer |
| |||||||
| |||||||
1 | under this subsection during the preceding calendar
year.
| ||||||
2 | (c) In addition to any other fines and court costs assessed | ||||||
3 | by the courts,
any person convicted for a violation of Sections | ||||||
4 | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or a | ||||||
5 | person sentenced for a violation of the Cannabis
Control Act, | ||||||
6 | the Illinois Controlled Substances Act, or the Methamphetamine | ||||||
7 | Control and Community Protection Act
shall pay an additional | ||||||
8 | fee of $100 to the clerk
of the circuit court. This amount, | ||||||
9 | less
2 1/2% that shall be used to defray administrative costs | ||||||
10 | incurred by the clerk,
shall be remitted by the clerk to the | ||||||
11 | Treasurer within 60 days after receipt
for deposit into the | ||||||
12 | Trauma Center Fund. This additional fee of $100 shall not
be | ||||||
13 | considered a part of the fine for purposes of any reduction in | ||||||
14 | the fine for
time served either before or after sentencing. Not | ||||||
15 | later than March 1 of each
year the Circuit Clerk shall submit | ||||||
16 | a report of the amount of funds remitted to
the State Treasurer | ||||||
17 | under this subsection during the preceding calendar year.
| ||||||
18 | (c-1) In addition to any other fines and court costs | ||||||
19 | assessed by the
courts, any person sentenced for a violation of | ||||||
20 | the Cannabis Control Act,
the Illinois Controlled Substances | ||||||
21 | Act, or the Methamphetamine Control and Community Protection | ||||||
22 | Act shall pay an additional fee of $5 to the
clerk of the | ||||||
23 | circuit court. This amount, less 2 1/2% that shall be used to
| ||||||
24 | defray administrative costs incurred by the clerk, shall be | ||||||
25 | remitted by the
clerk to the Treasurer within 60 days after | ||||||
26 | receipt for deposit into the Spinal
Cord Injury Paralysis Cure |
| |||||||
| |||||||
1 | Research Trust Fund. This additional fee of $5
shall not be | ||||||
2 | considered a part of the fine for purposes of any reduction in | ||||||
3 | the
fine for time served either before or after sentencing. Not | ||||||
4 | later than March 1
of each year the Circuit Clerk shall submit | ||||||
5 | a report of the amount of funds
remitted to the State Treasurer | ||||||
6 | under this subsection during the preceding
calendar year.
| ||||||
7 | (d) The following amounts must be remitted to the State | ||||||
8 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| ||||||
9 | (1) 50% of the amounts collected for felony offenses | ||||||
10 | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||||||
11 | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||||||
12 | Animals Act and Section 26-5 of the Criminal Code of
1961;
| ||||||
13 | (2) 20% of the amounts collected for Class A and Class | ||||||
14 | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||||||
15 | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||||||
16 | for Animals Act and Section 26-5 of the Criminal
Code of | ||||||
17 | 1961; and
| ||||||
18 | (3) 50% of the amounts collected for Class C | ||||||
19 | misdemeanors under Sections
4.01 and 7.1 of the Humane Care | ||||||
20 | for Animals Act and Section 26-5 of the
Criminal Code of | ||||||
21 | 1961.
| ||||||
22 | (e) Any person who receives a disposition of court | ||||||
23 | supervision for a violation of the Illinois Vehicle Code or a | ||||||
24 | similar provision of a local ordinance shall, in addition to | ||||||
25 | any other fines, fees, and court costs, pay an additional fee | ||||||
26 | of $29, to be disbursed as provided in Section 16-104c of the |
| |||||||
| |||||||
1 | Illinois Vehicle Code. In addition to the fee of $29, the | ||||||
2 | person shall also pay a fee of $6, if not waived by the court. | ||||||
3 | If this $6 fee is collected, $5.50 of the fee shall be | ||||||
4 | deposited into the Circuit Court Clerk Operation and | ||||||
5 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
6 | and 50 cents of the fee shall be deposited into the Prisoner | ||||||
7 | Review Board Vehicle and Equipment Fund in the State treasury.
| ||||||
8 | (f) This Section does not apply to the additional child | ||||||
9 | pornography fines assessed and collected under Section | ||||||
10 | 5-9-1.14 of the Unified Code of Corrections.
| ||||||
11 | (g) Any person convicted of or pleading guilty to a serious | ||||||
12 | traffic violation, as defined in Section 1-187.001 of the | ||||||
13 | Illinois Vehicle Code, shall pay an additional fee of $35 $20 , | ||||||
14 | to be disbursed as provided in Section 16-104d of that Code. | ||||||
15 | This subsection (g) becomes inoperative 7 years after the | ||||||
16 | effective date of Public Act 95-154. | ||||||
17 | (h) In all counties having a population of 3,000,000 or | ||||||
18 | more inhabitants, | ||||||
19 | (1) (h-1) A person who is found guilty of or pleads | ||||||
20 | guilty to violating subsection (a) of Section 11-501 of the | ||||||
21 | Illinois Vehicle Code, including any person placed on court | ||||||
22 | supervision for violating subsection (a), shall be fined | ||||||
23 | $500 as provided for by subsection (f) of Section 11-501.01 | ||||||
24 | of the Illinois Vehicle Code, payable to the circuit clerk, | ||||||
25 | who shall distribute the money pursuant to subsection (f) | ||||||
26 | of Section 11-501.01 of the Illinois Vehicle Code. |
| |||||||
| |||||||
1 | (2) (h-2) When a crime laboratory DUI analysis fee of | ||||||
2 | $150, provided for by Section 5-9-1.9 of the Unified Code | ||||||
3 | of Corrections is assessed, it shall be disbursed by the | ||||||
4 | circuit clerk as provided by subsection (f) of Section | ||||||
5 | 5-9-1.9 of the Unified Code of Corrections. | ||||||
6 | (3) (h-3) When a fine for a violation of Section | ||||||
7 | 11-605.1 of the Illinois Vehicle Code is $250 or greater, | ||||||
8 | the person who violated that Section shall be charged an | ||||||
9 | additional $125 as provided for by subsection (e) of | ||||||
10 | Section 11-605.1 of the Illinois Vehicle Code, which shall | ||||||
11 | be disbursed by the circuit clerk to a State or county | ||||||
12 | Transportation Safety Highway Hire-back Fund as provided | ||||||
13 | by subsection (e) of Section 11-605.1 of the Illinois | ||||||
14 | Vehicle Code. | ||||||
15 | (4) (h-4) When a fine for a violation of subsection (a) | ||||||
16 | of Section 11-605 of the Illinois Vehicle Code is $150 or | ||||||
17 | greater, the additional $50 which is charged as provided | ||||||
18 | for by subsection (f) of Section 11-605 of the Illinois | ||||||
19 | Vehicle Code shall be disbursed by the circuit clerk to a | ||||||
20 | school district or districts for school safety purposes as | ||||||
21 | provided by subsection (f) of Section 11-605. | ||||||
22 | (5) (h-4.5) When a fine for a violation of subsection | ||||||
23 | (a) of Section 11-1002.5 of the Illinois Vehicle Code is | ||||||
24 | $150 or greater, the additional $50 which is charged as | ||||||
25 | provided for by subsection (c) of Section 11-1002.5 of the | ||||||
26 | Illinois Vehicle Code shall be disbursed by the circuit |
| |||||||
| |||||||
1 | clerk to a school district or districts for school safety | ||||||
2 | purposes as provided by subsection (c) of Section 11-1002.5 | ||||||
3 | of the Illinois Vehicle Code. | ||||||
4 | (6) (h-5) When a mandatory drug court fee of up to $5 | ||||||
5 | is assessed as provided in subsection (f) of Section 5-1101 | ||||||
6 | of the Counties Code, it shall be disbursed by the circuit | ||||||
7 | clerk as provided in subsection (f) of Section 5-1101 of | ||||||
8 | the Counties Code. | ||||||
9 | (7) (h-6) When a mandatory teen court, peer jury, youth | ||||||
10 | court, or other youth diversion program fee is assessed as | ||||||
11 | provided in subsection (e) of Section 5-1101 of the | ||||||
12 | Counties Code, it shall be disbursed by the circuit clerk | ||||||
13 | as provided in subsection (e) of Section 5-1101 of the | ||||||
14 | Counties Code. | ||||||
15 | (8) (h-7) When a Children's Advocacy Center fee is | ||||||
16 | assessed pursuant to subsection (f-5) of Section 5-1101 of | ||||||
17 | the Counties Code, it shall be disbursed by the circuit | ||||||
18 | clerk as provided in subsection (f-5) of Section 5-1101 of | ||||||
19 | the Counties Code. | ||||||
20 | (9) (h-8) When a victim impact panel fee is assessed | ||||||
21 | pursuant to subsection (b) of Section 11-501.01 of the | ||||||
22 | Vehicle Code, it shall be disbursed by the circuit clerk to | ||||||
23 | the victim impact panel to be attended by the defendant. | ||||||
24 | (10) (h-9) When a new fee collected in traffic cases is | ||||||
25 | enacted after the effective date of this subsection (h), it | ||||||
26 | shall be excluded from the percentage disbursement |
| |||||||
| |||||||
1 | provisions of this Section unless otherwise indicated by | ||||||
2 | law. | ||||||
3 | (i) (g)
Of the amounts collected as fines under subsection | ||||||
4 | (b) of Section 3-712 of the Illinois Vehicle Code, 99% shall be | ||||||
5 | deposited into the Illinois Military Family Relief Fund and 1% | ||||||
6 | shall be deposited into the Circuit Court Clerk Operation and | ||||||
7 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
8 | to be used to offset the costs incurred by the Circuit Court | ||||||
9 | Clerk in performing the additional duties required to collect | ||||||
10 | and disburse funds to entities of State and local government as | ||||||
11 | provided by law.
| ||||||
12 | (j) (Blank). | ||||||
13 | (k) (h) For any conviction or disposition of court | ||||||
14 | supervision for a violation of Section 11-1429 of the Illinois | ||||||
15 | Vehicle Code, the circuit clerk shall distribute the fines paid | ||||||
16 | by the person as specified by subsection (h) of Section 11-1429 | ||||||
17 | of the Illinois Vehicle Code. | ||||||
18 | (l) (h) Any person who receives a disposition of court | ||||||
19 | supervision for a violation of Section 11-501 of the Illinois | ||||||
20 | Vehicle Code or a similar provision of a local ordinance shall, | ||||||
21 | in addition to any other fines, fees, and court costs, pay an | ||||||
22 | additional fee of $50, which shall
be collected by the circuit | ||||||
23 | clerk and then remitted to the State Treasurer for deposit into | ||||||
24 | the Roadside Memorial Fund, a special fund in the State | ||||||
25 | treasury. However, the court may waive the fee if full | ||||||
26 | restitution is complied with. Subject to appropriation, all |
| |||||||
| |||||||
1 | moneys in the Roadside Memorial Fund shall be used by the | ||||||
2 | Department of Transportation to pay fees imposed under | ||||||
3 | subsection (f) of Section 20 of the Roadside Memorial Act. The | ||||||
4 | fee shall be remitted by the circuit clerk within one month | ||||||
5 | after receipt to the State Treasurer for deposit into the | ||||||
6 | Roadside Memorial Fund. | ||||||
7 | (Source: P.A. 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428, | ||||||
8 | eff. 8-24-07; 95-600, eff. 6-1-08; 95-876, eff. 8-21-08; | ||||||
9 | 96-576, eff. 8-18-09; 96-578, eff. 8-18-09; 96-625, eff. | ||||||
10 | 1-1-10; 96-667, eff. 8-25-09; 96-735, eff. 1-1-10; revised | ||||||
11 | 12-29-09.) | ||||||
12 | Section 15. The Unified Code of Corrections is amended by | ||||||
13 | changing Section 5-6-1 as follows:
| ||||||
14 | (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
| ||||||
15 | Sec. 5-6-1. Sentences of Probation and of Conditional
| ||||||
16 | Discharge and Disposition of Supervision.
The General Assembly | ||||||
17 | finds that in order to protect the public, the
criminal justice | ||||||
18 | system must compel compliance with the conditions of probation
| ||||||
19 | by responding to violations with swift, certain and fair | ||||||
20 | punishments and
intermediate sanctions. The Chief Judge of each | ||||||
21 | circuit shall adopt a system of
structured, intermediate | ||||||
22 | sanctions for violations of the terms and conditions
of a | ||||||
23 | sentence of probation, conditional discharge or disposition of
| ||||||
24 | supervision.
|
| |||||||
| |||||||
1 | (a) Except where specifically prohibited by other
| ||||||
2 | provisions of this Code, the court shall impose a sentence
of | ||||||
3 | probation or conditional discharge upon an offender
unless, | ||||||
4 | having regard to the nature and circumstance of
the offense, | ||||||
5 | and to the history, character and condition
of the offender, | ||||||
6 | the court is of the opinion that:
| ||||||
7 | (1) his imprisonment or periodic imprisonment is | ||||||
8 | necessary
for the protection of the public; or
| ||||||
9 | (2) probation or conditional discharge would deprecate
| ||||||
10 | the seriousness of the offender's conduct and would be
| ||||||
11 | inconsistent with the ends of justice; or
| ||||||
12 | (3) a combination of imprisonment with concurrent or | ||||||
13 | consecutive probation when an offender has been admitted | ||||||
14 | into a drug court program under Section 20 of the Drug | ||||||
15 | Court Treatment Act is necessary for the protection of the | ||||||
16 | public and for the rehabilitation of the offender.
| ||||||
17 | The court shall impose as a condition of a sentence of | ||||||
18 | probation,
conditional discharge, or supervision, that the | ||||||
19 | probation agency may invoke any
sanction from the list of | ||||||
20 | intermediate sanctions adopted by the chief judge of
the | ||||||
21 | circuit court for violations of the terms and conditions of the | ||||||
22 | sentence of
probation, conditional discharge, or supervision, | ||||||
23 | subject to the provisions of
Section 5-6-4 of this Act.
| ||||||
24 | (b) The court may impose a sentence of conditional
| ||||||
25 | discharge for an offense if the court is of the opinion
that | ||||||
26 | neither a sentence of imprisonment nor of periodic
imprisonment |
| |||||||
| |||||||
1 | nor of probation supervision is appropriate.
| ||||||
2 | (b-1) Subsections (a) and (b) of this Section do not apply | ||||||
3 | to a defendant charged with a misdemeanor or felony under the | ||||||
4 | Illinois Vehicle Code or reckless homicide under Section 9-3 of | ||||||
5 | the Criminal Code of 1961 if the defendant within the past 12 | ||||||
6 | months has been convicted of or pleaded guilty to a misdemeanor | ||||||
7 | or felony under the Illinois Vehicle Code or reckless homicide | ||||||
8 | under Section 9-3 of the Criminal Code of 1961. | ||||||
9 | (c) The court may, upon a plea of guilty or a stipulation
| ||||||
10 | by the defendant of the facts supporting the charge or a
| ||||||
11 | finding of guilt, defer further proceedings and the
imposition | ||||||
12 | of a sentence, and enter an order for supervision of the | ||||||
13 | defendant,
if the defendant is not charged with: (i) a Class A | ||||||
14 | misdemeanor, as
defined by the following provisions of the | ||||||
15 | Criminal Code of 1961: Sections
11-9.1; 12-3.2; 12-15; 26-5; | ||||||
16 | 31-1; 31-6; 31-7; subsections (b) and (c) of Section
21-1;
| ||||||
17 | paragraph (1) through (5), (8), (10), and (11) of subsection | ||||||
18 | (a) of Section
24-1; (ii) a Class A misdemeanor violation of | ||||||
19 | Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals | ||||||
20 | Act; or (iii)
a felony.
If the defendant
is not barred from | ||||||
21 | receiving an order for supervision as provided in this
| ||||||
22 | subsection, the court may enter an order for supervision after | ||||||
23 | considering the
circumstances of the offense, and the history,
| ||||||
24 | character and condition of the offender, if the court is of the | ||||||
25 | opinion
that:
| ||||||
26 | (1) the offender is not likely to commit further |
| |||||||
| |||||||
1 | crimes;
| ||||||
2 | (2) the defendant and the public would be best served | ||||||
3 | if the
defendant were not to receive a criminal record; and
| ||||||
4 | (3) in the best interests of justice an order of | ||||||
5 | supervision
is more appropriate than a sentence otherwise | ||||||
6 | permitted under this Code.
| ||||||
7 | (c-5) Subsections (a), (b), and (c) of this Section do not | ||||||
8 | apply to a defendant charged with a second or subsequent | ||||||
9 | violation of Section 6-303 of the Illinois Vehicle Code | ||||||
10 | committed while his or her driver's license, permit or | ||||||
11 | privileges were revoked because of a violation of Section 9-3 | ||||||
12 | of the Criminal Code of 1961, relating to the offense of | ||||||
13 | reckless homicide, or a similar provision of a law of another | ||||||
14 | state.
| ||||||
15 | (d) The provisions of paragraph (c) shall not apply to a | ||||||
16 | defendant charged
with violating Section 11-501 of the Illinois | ||||||
17 | Vehicle Code or a similar
provision of a local
ordinance when | ||||||
18 | the defendant has previously been:
| ||||||
19 | (1) convicted for a violation of Section 11-501 of
the | ||||||
20 | Illinois Vehicle
Code or a similar provision of a
local | ||||||
21 | ordinance or any similar law or ordinance of another state; | ||||||
22 | or
| ||||||
23 | (2) assigned supervision for a violation of Section | ||||||
24 | 11-501 of the Illinois
Vehicle Code or a similar provision | ||||||
25 | of a local ordinance or any similar law
or ordinance of | ||||||
26 | another state; or
|
| |||||||
| |||||||
1 | (3) pleaded guilty to or stipulated to the facts | ||||||
2 | supporting
a charge or a finding of guilty to a violation | ||||||
3 | of Section 11-503 of the
Illinois Vehicle Code or a similar | ||||||
4 | provision of a local ordinance or any
similar law or | ||||||
5 | ordinance of another state, and the
plea or stipulation was | ||||||
6 | the result of a plea agreement.
| ||||||
7 | The court shall consider the statement of the prosecuting
| ||||||
8 | authority with regard to the standards set forth in this | ||||||
9 | Section.
| ||||||
10 | (e) The provisions of paragraph (c) shall not apply to a | ||||||
11 | defendant
charged with violating Section 16A-3 of the Criminal | ||||||
12 | Code of 1961 if said
defendant has within the last 5 years | ||||||
13 | been:
| ||||||
14 | (1) convicted for a violation of Section 16A-3 of the | ||||||
15 | Criminal Code of
1961; or
| ||||||
16 | (2) assigned supervision for a violation of Section | ||||||
17 | 16A-3 of the Criminal
Code of 1961.
| ||||||
18 | The court shall consider the statement of the prosecuting | ||||||
19 | authority with
regard to the standards set forth in this | ||||||
20 | Section.
| ||||||
21 | (f) The provisions of paragraph (c) shall not apply to a | ||||||
22 | defendant
charged with violating Sections 15-111, 15-112, | ||||||
23 | 15-301, paragraph (b)
of Section 6-104, Section 11-605, Section | ||||||
24 | 11-1002.5, or Section 11-1414
of the Illinois Vehicle Code or a | ||||||
25 | similar provision of a local ordinance.
| ||||||
26 | (g) Except as otherwise provided in paragraph (i) of this |
| |||||||
| |||||||
1 | Section, the
provisions of paragraph (c) shall not apply to a
| ||||||
2 | defendant charged with violating Section
3-707, 3-708, 3-710, | ||||||
3 | or 5-401.3
of the Illinois Vehicle Code or a similar provision | ||||||
4 | of a local ordinance if the
defendant has within the last 5 | ||||||
5 | years been:
| ||||||
6 | (1) convicted for a violation of Section 3-707, 3-708, | ||||||
7 | 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | ||||||
8 | provision of a local
ordinance; or
| ||||||
9 | (2) assigned supervision for a violation of Section | ||||||
10 | 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle | ||||||
11 | Code or a similar provision of a local
ordinance.
| ||||||
12 | The court shall consider the statement of the prosecuting | ||||||
13 | authority with
regard to the standards set forth in this | ||||||
14 | Section.
| ||||||
15 | (h) The provisions of paragraph (c) shall not apply to a | ||||||
16 | defendant under
the age of 21 years charged with violating a | ||||||
17 | serious traffic offense as defined
in Section 1-187.001 of the | ||||||
18 | Illinois Vehicle Code:
| ||||||
19 | (1) unless the defendant, upon payment of the fines, | ||||||
20 | penalties, and costs
provided by law, agrees to attend and | ||||||
21 | successfully complete a traffic safety
program approved by | ||||||
22 | the court under standards set by the Conference of Chief
| ||||||
23 | Circuit Judges. The accused shall be responsible for | ||||||
24 | payment of any traffic
safety program fees. If the accused | ||||||
25 | fails to file a certificate of
successful completion on or | ||||||
26 | before the termination date of the supervision
order, the |
| |||||||
| |||||||
1 | supervision shall be summarily revoked and conviction | ||||||
2 | entered. The
provisions of Supreme Court Rule 402 relating | ||||||
3 | to pleas of guilty do not apply
in cases when a defendant | ||||||
4 | enters a guilty plea under this provision; or
| ||||||
5 | (2) if the defendant has previously been sentenced | ||||||
6 | under the provisions of
paragraph (c) on or after January | ||||||
7 | 1, 1998 for any serious traffic offense as
defined in | ||||||
8 | Section 1-187.001 of the Illinois Vehicle Code.
| ||||||
9 | (h-1) The provisions of paragraph (c) shall not apply to a | ||||||
10 | defendant under the age of 21 years charged with an offense | ||||||
11 | against traffic regulations governing the movement of vehicles | ||||||
12 | or any violation of Section 6-107 or Section 12-603.1 of the | ||||||
13 | Illinois Vehicle Code, unless the defendant, upon payment of | ||||||
14 | the fines, penalties, and costs provided by law, agrees to | ||||||
15 | attend and successfully complete a traffic safety program | ||||||
16 | approved by the court under standards set by the Conference of | ||||||
17 | Chief Circuit Judges. The accused shall be responsible for | ||||||
18 | payment of any traffic safety program fees. If the accused | ||||||
19 | fails to file a certificate of successful completion on or | ||||||
20 | before the termination date of the supervision order, the | ||||||
21 | supervision shall be summarily revoked and conviction entered. | ||||||
22 | The provisions of Supreme Court Rule 402 relating to pleas of | ||||||
23 | guilty do not apply in cases when a defendant enters a guilty | ||||||
24 | plea under this provision.
| ||||||
25 | (i) The provisions of paragraph (c) shall not apply to a | ||||||
26 | defendant charged
with violating Section 3-707 of the Illinois |
| |||||||
| |||||||
1 | Vehicle Code or a similar
provision of a local ordinance if the | ||||||
2 | defendant has been assigned supervision
for a violation of | ||||||
3 | Section 3-707 of the Illinois Vehicle Code or a similar
| ||||||
4 | provision of a local ordinance.
| ||||||
5 | (j) The provisions of paragraph (c) shall not apply to a
| ||||||
6 | defendant charged with violating
Section 6-303 of the Illinois | ||||||
7 | Vehicle Code or a similar provision of
a local ordinance when | ||||||
8 | the revocation or suspension was for a violation of
Section | ||||||
9 | 11-501 or a similar provision of a local ordinance or a | ||||||
10 | violation of
Section 11-501.1 or paragraph (b) of Section | ||||||
11 | 11-401 of the Illinois Vehicle
Code if the
defendant has within | ||||||
12 | the last 10 years been:
| ||||||
13 | (1) convicted for a violation of Section 6-303 of the | ||||||
14 | Illinois Vehicle
Code or a similar provision of a local | ||||||
15 | ordinance; or
| ||||||
16 | (2) assigned supervision for a violation of Section | ||||||
17 | 6-303 of the Illinois
Vehicle Code or a similar provision | ||||||
18 | of a local ordinance. | ||||||
19 | (k) The provisions of paragraph (c) shall not apply to a
| ||||||
20 | defendant charged with violating
any provision of the Illinois | ||||||
21 | Vehicle Code or a similar provision of a local ordinance that | ||||||
22 | governs the movement of vehicles if, within the 12 months | ||||||
23 | preceding the date of the defendant's arrest, the defendant has | ||||||
24 | been assigned court supervision on 2 occasions for a violation | ||||||
25 | that governs the movement of vehicles under the Illinois | ||||||
26 | Vehicle Code or a similar provision of a local ordinance.
The |
| |||||||
| |||||||
1 | provisions of this paragraph (k) do not apply to a defendant | ||||||
2 | charged with violating Section 11-501 of the Illinois Vehicle | ||||||
3 | Code or a similar provision of a local ordinance.
| ||||||
4 | (l) A defendant charged with violating any provision of the | ||||||
5 | Illinois Vehicle Code or a similar provision of a local | ||||||
6 | ordinance who receives a disposition of supervision under | ||||||
7 | subsection (c) shall pay an additional fee of $29, to be | ||||||
8 | collected as provided in Sections 27.5 and 27.6 of the Clerks | ||||||
9 | of Courts Act. In addition to the $29 fee, the person shall | ||||||
10 | also pay a fee of $6, which, if not waived by the court, shall | ||||||
11 | be collected as provided in Sections 27.5 and 27.6 of the | ||||||
12 | Clerks of Courts Act. The $29 fee shall be disbursed as | ||||||
13 | provided in Section 16-104c of the Illinois Vehicle Code. If | ||||||
14 | the $6 fee is collected, $5.50 of the fee shall be deposited | ||||||
15 | into the Circuit Court Clerk Operation and Administrative Fund | ||||||
16 | created by the Clerk of the Circuit Court and 50 cents of the | ||||||
17 | fee shall be deposited into the Prisoner Review Board Vehicle | ||||||
18 | and Equipment Fund in the State treasury.
| ||||||
19 | (m) Any person convicted of, pleading guilty to, or placed | ||||||
20 | on supervision for a serious traffic violation, as defined in | ||||||
21 | Section 1-187.001 of the Illinois Vehicle Code, a violation of | ||||||
22 | Section 11-501 of the Illinois Vehicle Code, or a violation of | ||||||
23 | a similar provision of a local ordinance shall pay an | ||||||
24 | additional fee of $35 $20 , to be disbursed as provided in | ||||||
25 | Section 16-104d of that Code. | ||||||
26 | This subsection (m) becomes inoperative 7 years after |
| |||||||
| |||||||
1 | October 13, 2007 (the effective date of Public Act 95-154).
| ||||||
2 | (n)
The provisions of paragraph (c) shall not apply to any | ||||||
3 | person under the age of 18 who commits an offense against | ||||||
4 | traffic regulations governing the movement of vehicles or any | ||||||
5 | violation of Section 6-107 or Section 12-603.1 of the Illinois | ||||||
6 | Vehicle Code, except upon personal appearance of the defendant | ||||||
7 | in court and upon the written consent of the defendant's parent | ||||||
8 | or legal guardian, executed before the presiding judge. The | ||||||
9 | presiding judge shall have the authority to waive this | ||||||
10 | requirement upon the showing of good cause by the defendant.
| ||||||
11 | (o)
The provisions of paragraph (c) shall not apply to a | ||||||
12 | defendant charged with violating Section 6-303 of the Illinois | ||||||
13 | Vehicle Code or a similar provision of a local ordinance when | ||||||
14 | the suspension was for a violation of Section 11-501.1 of the | ||||||
15 | Illinois Vehicle Code and when: | ||||||
16 | (1) at the time of the violation of Section 11-501.1 of | ||||||
17 | the Illinois Vehicle Code, the defendant was a first | ||||||
18 | offender pursuant to Section 11-500 of the Illinois Vehicle | ||||||
19 | Code and the defendant failed to obtain a monitoring device | ||||||
20 | driving permit; or | ||||||
21 | (2) at the time of the violation of Section 11-501.1 of | ||||||
22 | the Illinois Vehicle Code, the defendant was a first | ||||||
23 | offender pursuant to Section 11-500 of the Illinois Vehicle | ||||||
24 | Code, had subsequently obtained a monitoring device | ||||||
25 | driving permit, but was driving a vehicle not equipped with | ||||||
26 | a breath alcohol ignition interlock device as defined in |
| |||||||
| |||||||
1 | Section 1-129.1 of the Illinois Vehicle Code.
| ||||||
2 | (Source: P.A. 95-154, eff. 10-13-07; 95-302, eff. 1-1-08; | ||||||
3 | 95-310, eff. 1-1-08; 95-377, eff. 1-1-08; 95-400, eff. 1-1-09; | ||||||
4 | 95-428, 8-24-07; 95-876, eff. 8-21-08; 96-253, eff. 8-11-09; | ||||||
5 | 96-286, eff. 8-11-09; 96-328, eff. 8-11-09; 96-625, eff. | ||||||
6 | 1-1-10; revised 10-1-09.)
| ||||||
7 | Section 99. Effective date. This Act takes effect 60 days | ||||||
8 | after becoming law.
|