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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 11-501.01 as follows: | ||||||||||||||||||||||||||||
6 | (625 ILCS 5/11-501.01)
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7 | Sec. 11-501.01. Additional administrative sanctions. | ||||||||||||||||||||||||||||
8 | (a) After a finding of guilt and prior to any final | ||||||||||||||||||||||||||||
9 | sentencing or an order for supervision, for an offense based | ||||||||||||||||||||||||||||
10 | upon an arrest for a violation of Section 11-501 or a similar | ||||||||||||||||||||||||||||
11 | provision of a local ordinance, individuals shall be required | ||||||||||||||||||||||||||||
12 | to undergo a professional evaluation to determine if an | ||||||||||||||||||||||||||||
13 | alcohol, drug, or intoxicating compound abuse problem exists | ||||||||||||||||||||||||||||
14 | and the extent of the problem, and undergo the imposition of | ||||||||||||||||||||||||||||
15 | treatment as appropriate. Programs conducting these | ||||||||||||||||||||||||||||
16 | evaluations shall be licensed by the Department of Human | ||||||||||||||||||||||||||||
17 | Services. The cost of any professional evaluation shall be paid | ||||||||||||||||||||||||||||
18 | for by the individual required to undergo the professional | ||||||||||||||||||||||||||||
19 | evaluation. | ||||||||||||||||||||||||||||
20 | (b) Any person who is found guilty of or pleads guilty to | ||||||||||||||||||||||||||||
21 | violating Section 11-501, including any person receiving a | ||||||||||||||||||||||||||||
22 | disposition of court supervision for violating that Section, | ||||||||||||||||||||||||||||
23 | may be required by the Court to attend a victim impact panel |
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| |||||||
1 | offered by, or under contract with, a county State's Attorney's | ||||||
2 | office, a probation and court services department, Mothers | ||||||
3 | Against Drunk Driving, or the Alliance Against Intoxicated | ||||||
4 | Motorists. All costs generated by the victim impact panel shall | ||||||
5 | be paid from fees collected from the offender or as may be | ||||||
6 | determined by the court. | ||||||
7 | (c) Every person found guilty of violating Section 11-501, | ||||||
8 | whose operation of a motor vehicle while in violation of that | ||||||
9 | Section proximately caused any incident resulting in an | ||||||
10 | appropriate emergency response, shall be liable for the expense | ||||||
11 | of an emergency response as provided in subsection (i) of this | ||||||
12 | Section. | ||||||
13 | (d) The Secretary of State shall revoke the driving | ||||||
14 | privileges of any person convicted under Section 11-501 or a | ||||||
15 | similar provision of a local ordinance. | ||||||
16 | (e) The Secretary of State shall require the use of | ||||||
17 | ignition interlock devices on all vehicles owned by a person | ||||||
18 | who has been convicted of a second or subsequent offense of | ||||||
19 | Section 11-501 or a similar provision of a local ordinance. The | ||||||
20 | person must pay to the Secretary of State DUI Administration | ||||||
21 | Fund an amount not to exceed $30 for each month that he or she | ||||||
22 | uses the device. The Secretary shall establish by rule and | ||||||
23 | regulation the procedures for certification and use of the | ||||||
24 | interlock system, the amount of the fee, and the procedures, | ||||||
25 | terms, and conditions relating to these fees. | ||||||
26 | (f) In addition to any other penalties and liabilities, a |
| |||||||
| |||||||
1 | person who is found guilty of or pleads guilty to violating | ||||||
2 | Section 11-501, including any person placed on court | ||||||
3 | supervision for violating Section 11-501, shall be assessed | ||||||
4 | $750 $500 , payable to the circuit clerk, who shall distribute | ||||||
5 | the money as follows: 20% to the law enforcement agency that | ||||||
6 | made the arrest, and 80% shall be forwarded to the State | ||||||
7 | Treasurer for deposit into the General Revenue Fund. If the | ||||||
8 | person has been previously convicted of violating Section | ||||||
9 | 11-501 or a similar provision of a local ordinance, the fine | ||||||
10 | shall be $1,000. In the event that more than one agency is | ||||||
11 | responsible for the arrest, the amount payable to law | ||||||
12 | enforcement agencies shall be shared equally. Any moneys | ||||||
13 | received by a law enforcement agency under this subsection (f) | ||||||
14 | shall be used to purchase law enforcement equipment that will | ||||||
15 | assist in the prevention of alcohol related criminal violence | ||||||
16 | throughout the State. This shall include, but is not limited | ||||||
17 | to, in-car video cameras, radar and laser speed detection | ||||||
18 | devices, and alcohol breath testers. Any moneys received by the | ||||||
19 | Department of State Police under this subsection (f) shall be | ||||||
20 | deposited into the State Police DUI Fund and shall be used to | ||||||
21 | purchase law enforcement equipment that will assist in the | ||||||
22 | prevention of alcohol related criminal violence throughout the | ||||||
23 | State. | ||||||
24 | (g) The Secretary of State Police DUI Fund is created as a | ||||||
25 | special fund in the State treasury. All moneys received by the | ||||||
26 | Secretary of State Police under subsection (f) of this Section |
| |||||||
| |||||||
1 | shall be deposited into the Secretary of State Police DUI Fund | ||||||
2 | and, subject to appropriation, shall be used to purchase law | ||||||
3 | enforcement equipment to assist in the prevention of alcohol | ||||||
4 | related criminal violence throughout the State. | ||||||
5 | (h) Whenever an individual is sentenced for an offense | ||||||
6 | based upon an arrest for a violation of Section 11-501 or a | ||||||
7 | similar provision of a local ordinance, and the professional | ||||||
8 | evaluation recommends remedial or rehabilitative treatment or | ||||||
9 | education, neither the treatment nor the education shall be the | ||||||
10 | sole disposition and either or both may be imposed only in | ||||||
11 | conjunction with another disposition. The court shall monitor | ||||||
12 | compliance with any remedial education or treatment | ||||||
13 | recommendations contained in the professional evaluation. | ||||||
14 | Programs conducting alcohol or other drug evaluation or | ||||||
15 | remedial education must be licensed by the Department of Human | ||||||
16 | Services. If the individual is not a resident of Illinois, | ||||||
17 | however, the court may accept an alcohol or other drug | ||||||
18 | evaluation or remedial education program in the individual's | ||||||
19 | state of residence. Programs providing treatment must be | ||||||
20 | licensed under existing applicable alcoholism and drug | ||||||
21 | treatment licensure standards. | ||||||
22 | (i) In addition to any other fine or penalty required by | ||||||
23 | law, an individual convicted of a violation of Section 11-501, | ||||||
24 | Section 5-7 of the Snowmobile Registration and Safety Act, | ||||||
25 | Section 5-16 of the Boat Registration and Safety Act, or a | ||||||
26 | similar provision, whose operation of a motor vehicle, |
| |||||||
| |||||||
1 | snowmobile, or watercraft while in violation of Section 11-501, | ||||||
2 | Section 5-7 of the Snowmobile Registration and Safety Act, | ||||||
3 | Section 5-16 of the Boat Registration and Safety Act, or a | ||||||
4 | similar provision proximately caused an incident resulting in | ||||||
5 | an appropriate emergency response, shall be required to make | ||||||
6 | restitution to a public agency for the costs of that emergency | ||||||
7 | response. The restitution may not exceed $1,000 per public | ||||||
8 | agency for each emergency response. As used in this subsection | ||||||
9 | (i), "emergency response" means any incident requiring a | ||||||
10 | response by a police officer, a firefighter carried on the | ||||||
11 | rolls of a regularly constituted fire department, or an | ||||||
12 | ambulance.
| ||||||
13 | (Source: P.A. 95-578, eff. 6-1-08; 95-848, eff. 1-1-09.) | ||||||
14 | Section 10. The Clerks of Courts Act is amended by changing | ||||||
15 | Sections 27.5 and 27.6 as follows:
| ||||||
16 | (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
| ||||||
17 | Sec. 27.5. (a) All fees, fines, costs, additional | ||||||
18 | penalties, bail balances
assessed or forfeited, and any other | ||||||
19 | amount paid by a person to the circuit
clerk that equals an | ||||||
20 | amount less than $55, except restitution under Section
5-5-6 of | ||||||
21 | the Unified Code of Corrections, reimbursement for the costs of | ||||||
22 | an
emergency response as provided under Section 11-501 of the | ||||||
23 | Illinois Vehicle
Code, any fees collected for attending a | ||||||
24 | traffic safety program under
paragraph (c) of Supreme Court |
| |||||||
| |||||||
1 | Rule 529, any fee collected on behalf of a
State's Attorney | ||||||
2 | under Section 4-2002 of the Counties Code or a sheriff under
| ||||||
3 | Section 4-5001 of the Counties Code, or any cost imposed under | ||||||
4 | Section 124A-5
of the Code of Criminal Procedure of 1963, for | ||||||
5 | convictions, orders of
supervision, or any other disposition | ||||||
6 | for a violation of Chapters 3, 4, 6,
11, and 12 of the Illinois | ||||||
7 | Vehicle Code, or a similar provision of a local
ordinance, and | ||||||
8 | any violation of the Child Passenger Protection Act, or a
| ||||||
9 | similar provision of a local ordinance, and except as otherwise | ||||||
10 | provided in this Section in subsection
(b) shall be disbursed | ||||||
11 | within 60 days after receipt by the circuit
clerk as follows: | ||||||
12 | 47% shall be disbursed to the entity authorized by law to
| ||||||
13 | receive the fine imposed in the case; 12% shall be disbursed to | ||||||
14 | the State
Treasurer; and 41% shall be disbursed to the county's | ||||||
15 | general corporate fund.
Of the 12% disbursed to the State | ||||||
16 | Treasurer, 1/6 shall be deposited by the
State Treasurer into | ||||||
17 | the Violent Crime Victims Assistance Fund, 1/2 shall be
| ||||||
18 | deposited into the Traffic and Criminal Conviction Surcharge | ||||||
19 | Fund, and 1/3
shall be deposited into the Drivers Education | ||||||
20 | Fund. For fiscal years 1992 and
1993, amounts deposited into | ||||||
21 | the Violent Crime Victims Assistance Fund, the
Traffic and | ||||||
22 | Criminal Conviction Surcharge Fund, or the Drivers Education | ||||||
23 | Fund
shall not exceed 110% of the amounts deposited into those | ||||||
24 | funds in fiscal year
1991. Any amount that exceeds the 110% | ||||||
25 | limit shall be distributed as follows:
50% shall be disbursed | ||||||
26 | to the county's general corporate fund and 50% shall be
|
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| |||||||
1 | disbursed to the entity authorized by law to receive the fine | ||||||
2 | imposed in the
case. Not later than March 1 of each year the | ||||||
3 | circuit clerk
shall submit a report of the amount of funds | ||||||
4 | remitted to the State
Treasurer under this Section during the | ||||||
5 | preceding year based upon
independent verification of fines and | ||||||
6 | fees. All counties shall be subject
to this Section, except | ||||||
7 | that counties with a population under 2,000,000
may, by | ||||||
8 | ordinance, elect not to be subject to this Section. For | ||||||
9 | offenses
subject to this Section, judges shall impose one total | ||||||
10 | sum of money payable
for violations. The circuit clerk may add | ||||||
11 | on no additional amounts except
for amounts that are required | ||||||
12 | by Sections 27.3a and 27.3c of
this Act, Section 16-104c of the | ||||||
13 | Illinois Vehicle Code, and subsection (a) of Section 5-1101 of | ||||||
14 | the Counties Code, unless those amounts are specifically waived | ||||||
15 | by the judge. With
respect to money collected by the circuit | ||||||
16 | clerk as a result of
forfeiture of bail, ex parte judgment or | ||||||
17 | guilty plea pursuant to Supreme
Court Rule 529, the circuit | ||||||
18 | clerk shall first deduct and pay amounts
required by Sections | ||||||
19 | 27.3a and 27.3c of this Act. Unless a court ordered payment | ||||||
20 | schedule is implemented or fee requirements are waived pursuant | ||||||
21 | to a court order, the circuit clerk may add to any unpaid fees | ||||||
22 | and costs a delinquency amount equal to 5% of the unpaid fees | ||||||
23 | that remain unpaid after 30 days, 10% of the unpaid fees that | ||||||
24 | remain unpaid after 60 days, and 15% of the unpaid fees that | ||||||
25 | remain unpaid after 90 days. Notice to those parties may be | ||||||
26 | made by signage posting or publication. The additional |
| |||||||
| |||||||
1 | delinquency amounts collected under this Section shall be | ||||||
2 | deposited in the Circuit Court Clerk Operation and | ||||||
3 | Administrative Fund to be used to defray administrative costs | ||||||
4 | incurred by the circuit clerk in performing the duties required | ||||||
5 | to collect and disburse funds. This Section is a denial
and | ||||||
6 | limitation of home rule powers and functions under subsection | ||||||
7 | (h) of
Section 6 of Article VII of the Illinois Constitution.
| ||||||
8 | (b) The following amounts must be remitted to the State | ||||||
9 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| ||||||
10 | (1) 50% of the amounts collected for felony offenses | ||||||
11 | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||||||
12 | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||||||
13 | Animals Act and Section 26-5 of the Criminal Code of
1961;
| ||||||
14 | (2) 20% of the amounts collected for Class A and Class | ||||||
15 | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||||||
16 | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||||||
17 | for Animals Act and Section 26-5 of the Criminal
Code of | ||||||
18 | 1961; and
| ||||||
19 | (3) 50% of the amounts collected for Class C | ||||||
20 | misdemeanors under
Sections 4.01 and 7.1 of the Humane Care | ||||||
21 | for Animals Act and Section 26-5
of the Criminal Code of | ||||||
22 | 1961.
| ||||||
23 | (c) Any person who receives a disposition of court | ||||||
24 | supervision for a violation of the Illinois Vehicle Code or a | ||||||
25 | similar provision of a local ordinance shall, in addition to | ||||||
26 | any other fines, fees, and court costs, pay an additional fee |
| |||||||
| |||||||
1 | of $29, to be disbursed as provided in Section 16-104c of the | ||||||
2 | Illinois Vehicle Code. In addition to the fee of $29, the | ||||||
3 | person shall also pay a fee of $6, if not waived by the court. | ||||||
4 | If this $6 fee is collected, $5.50 of the fee shall be | ||||||
5 | deposited into the Circuit Court Clerk Operation and | ||||||
6 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
7 | and 50 cents of the fee shall be deposited into the Prisoner | ||||||
8 | Review Board Vehicle and Equipment Fund in the State treasury. | ||||||
9 | (d) Any person convicted of, pleading guilty to, or placed | ||||||
10 | on supervision for a serious traffic violation, as defined in | ||||||
11 | Section 1-187.001 of the Illinois Vehicle Code, a violation of | ||||||
12 | Section 11-501 of the Illinois Vehicle Code, or a violation of | ||||||
13 | a similar provision of a local ordinance shall pay an | ||||||
14 | additional fee of $20, to be disbursed as provided in Section | ||||||
15 | 16-104d of that Code. | ||||||
16 | This subsection Subsection (d) becomes inoperative 7 years | ||||||
17 | after the effective date of Public Act 95-154.
| ||||||
18 | (e) In all counties having a population of 3,000,000 or | ||||||
19 | more inhabitants : , | ||||||
20 | (1) (e-1) A person who is found guilty of or pleads | ||||||
21 | guilty to violating subsection (a) of Section 11-501 of the | ||||||
22 | Illinois Vehicle Code, including any person placed on court | ||||||
23 | supervision for violating subsection (a), shall be fined | ||||||
24 | $750 $500 as provided for by subsection (f) of Section | ||||||
25 | 11-501.01 of the Illinois Vehicle Code, payable to the | ||||||
26 | circuit clerk, who shall distribute the money pursuant to |
| |||||||
| |||||||
1 | subsection (f) of Section 11-501.01 of the Illinois Vehicle | ||||||
2 | Code. | ||||||
3 | (2) (e-2) When a crime laboratory DUI analysis fee of | ||||||
4 | $150, provided for by Section 5-9-1.9 of the Unified Code | ||||||
5 | of Corrections is assessed, it shall be disbursed by the | ||||||
6 | circuit clerk as provided by subsection (f) of Section | ||||||
7 | 5-9-1.9 of the Unified Code of Corrections. | ||||||
8 | (3) (e-3) When a fine for a violation of subsection (a) | ||||||
9 | of Section 11-605 of the Illinois Vehicle Code is $150 or | ||||||
10 | greater, the additional $50 which is charged as provided | ||||||
11 | for by subsection (f) of Section 11-605 of the Illinois | ||||||
12 | Vehicle Code shall be disbursed by the circuit clerk to a | ||||||
13 | school district or districts for school safety purposes as | ||||||
14 | provided by subsection (f) of Section 11-605. | ||||||
15 | (4) (e-3.5) When a fine for a violation of subsection | ||||||
16 | (a) of Section 11-1002.5 of the Illinois Vehicle Code is | ||||||
17 | $150 or greater, the additional $50 which is charged as | ||||||
18 | provided for by subsection (c) of Section 11-1002.5 of the | ||||||
19 | Illinois Vehicle Code shall be disbursed by the circuit | ||||||
20 | clerk to a school district or districts for school safety | ||||||
21 | purposes as provided by subsection (c) of Section 11-1002.5 | ||||||
22 | of the Illinois Vehicle Code. | ||||||
23 | (5) (e-4) When a mandatory drug court fee of up to $5 | ||||||
24 | is assessed as provided in subsection (f) of Section 5-1101 | ||||||
25 | of the Counties Code, it shall be disbursed by the circuit | ||||||
26 | clerk as provided in subsection (f) of Section 5-1101 of |
| |||||||
| |||||||
1 | the Counties Code. | ||||||
2 | (6) (e-5) When a mandatory teen court, peer jury, youth | ||||||
3 | court, or other youth diversion program fee is assessed as | ||||||
4 | provided in subsection (e) of Section 5-1101 of the | ||||||
5 | Counties Code, it shall be disbursed by the circuit clerk | ||||||
6 | as provided in subsection (e) of Section 5-1101 of the | ||||||
7 | Counties Code. | ||||||
8 | (7) (e-6) When a Children's Advocacy Center fee is | ||||||
9 | assessed pursuant to subsection (f-5) of Section 5-1101 of | ||||||
10 | the Counties Code, it shall be disbursed by the circuit | ||||||
11 | clerk as provided in subsection (f-5) of Section 5-1101 of | ||||||
12 | the Counties Code. | ||||||
13 | (8) (e-7) When a victim impact panel fee is assessed | ||||||
14 | pursuant to subsection (b) of Section 11-501.01 of the | ||||||
15 | Illinois Vehicle Code, it shall be disbursed by the circuit | ||||||
16 | clerk to the victim impact panel to be
attended by the | ||||||
17 | defendant. | ||||||
18 | (9) (e-8) When a new fee collected in traffic cases is | ||||||
19 | enacted after January 1, 2010 ( the effective date of Public | ||||||
20 | Act 96-735) this amendatory Act of the 96th General | ||||||
21 | Assembly , it shall be excluded from the percentage | ||||||
22 | disbursement provisions of this Section unless otherwise | ||||||
23 | indicated by law. | ||||||
24 | (f) (e) Any person who receives a disposition of court | ||||||
25 | supervision for a violation of Section 11-501 of the Illinois | ||||||
26 | Vehicle Code shall, in addition to any other fines, fees, and |
| |||||||
| |||||||
1 | court costs, pay an additional fee of $50, which shall
be | ||||||
2 | collected by the circuit clerk and then remitted to the State | ||||||
3 | Treasurer for deposit into the Roadside Memorial Fund, a | ||||||
4 | special fund in the State treasury. However, the court may | ||||||
5 | waive the fee if full restitution is complied with. Subject to | ||||||
6 | appropriation, all moneys in the Roadside Memorial Fund shall | ||||||
7 | be used by the Department of Transportation to pay fees imposed | ||||||
8 | under subsection (f) of Section 20 of the Roadside Memorial | ||||||
9 | Act. The fee shall be remitted by the circuit clerk within one | ||||||
10 | month after receipt to the State Treasurer for deposit into the | ||||||
11 | Roadside Memorial Fund. | ||||||
12 | (g) (e) For any conviction or disposition of court | ||||||
13 | supervision for a violation of Section 11-1429 of the Illinois | ||||||
14 | Vehicle Code, the circuit clerk shall distribute the fines paid | ||||||
15 | by the person as specified by subsection (h) of Section 11-1429 | ||||||
16 | of the Illinois Vehicle Code. | ||||||
17 | (Source: P.A. 95-154, eff. 10-13-07; 95-428, eff. 8-24-07; | ||||||
18 | 95-876, eff. 8-21-08; 96-286, eff. 8-11-09; 96-576, eff. | ||||||
19 | 8-18-09; 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-735, | ||||||
20 | eff. 1-1-10; revised 11-5-09; revised 12-28-09.)
| ||||||
21 | (705 ILCS 105/27.6)
| ||||||
22 | (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625, | ||||||
23 | and 96-667) | ||||||
24 | Sec. 27.6. (a) All fees, fines, costs, additional | ||||||
25 | penalties, bail balances
assessed or forfeited, and any other |
| |||||||
| |||||||
1 | amount paid by a person to the circuit
clerk equalling an | ||||||
2 | amount of $55 or more, except the fine imposed by Section | ||||||
3 | 5-9-1.15
of the Unified Code of Corrections, the additional fee | ||||||
4 | required
by subsections (b) and (c), restitution under Section | ||||||
5 | 5-5-6 of the
Unified Code of Corrections, contributions to a | ||||||
6 | local anti-crime program ordered pursuant to Section | ||||||
7 | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | ||||||
8 | Corrections, reimbursement for the costs of an emergency
| ||||||
9 | response as provided under Section 11-501 of the Illinois | ||||||
10 | Vehicle Code,
any fees collected for attending a traffic safety | ||||||
11 | program under paragraph (c)
of Supreme Court Rule 529, any fee | ||||||
12 | collected on behalf of a State's Attorney
under Section 4-2002 | ||||||
13 | of the Counties Code or a sheriff under Section 4-5001
of the | ||||||
14 | Counties Code, or any cost imposed under Section 124A-5 of the | ||||||
15 | Code of
Criminal Procedure of 1963, for convictions, orders of | ||||||
16 | supervision, or any
other disposition for a violation of | ||||||
17 | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | ||||||
18 | similar provision of a local ordinance, and any
violation of | ||||||
19 | the Child Passenger Protection Act, or a similar provision of a
| ||||||
20 | local ordinance, and except as otherwise provided in this | ||||||
21 | Section subsections (d) and (g)
shall be disbursed
within 60 | ||||||
22 | days after receipt by the circuit
clerk as follows: 44.5% shall | ||||||
23 | be disbursed to the entity authorized by law to
receive the | ||||||
24 | fine imposed in the case; 16.825% shall be disbursed to the | ||||||
25 | State
Treasurer; and 38.675% shall be disbursed to the county's | ||||||
26 | general corporate
fund. Of the 16.825% disbursed to the State |
| |||||||
| |||||||
1 | Treasurer, 2/17 shall be deposited
by the State Treasurer into | ||||||
2 | the Violent Crime Victims Assistance Fund, 5.052/17
shall be | ||||||
3 | deposited into the Traffic and Criminal Conviction Surcharge | ||||||
4 | Fund,
3/17 shall be deposited into the Drivers Education Fund, | ||||||
5 | and 6.948/17 shall be
deposited into the Trauma Center Fund. Of | ||||||
6 | the 6.948/17 deposited into the
Trauma Center Fund from the | ||||||
7 | 16.825% disbursed to the State Treasurer, 50% shall
be | ||||||
8 | disbursed to the Department of Public Health and 50% shall be | ||||||
9 | disbursed to
the Department of Healthcare and Family Services. | ||||||
10 | For fiscal year 1993, amounts deposited into
the Violent Crime | ||||||
11 | Victims Assistance Fund, the Traffic and Criminal
Conviction | ||||||
12 | Surcharge Fund, or the Drivers Education Fund shall not exceed | ||||||
13 | 110%
of the amounts deposited into those funds in fiscal year | ||||||
14 | 1991. Any
amount that exceeds the 110% limit shall be | ||||||
15 | distributed as follows: 50%
shall be disbursed to the county's | ||||||
16 | general corporate fund and 50% shall be
disbursed to the entity | ||||||
17 | authorized by law to receive the fine imposed in
the case. Not | ||||||
18 | later than March 1 of each year the circuit clerk
shall submit | ||||||
19 | a report of the amount of funds remitted to the State
Treasurer | ||||||
20 | under this Section during the preceding year based upon
| ||||||
21 | independent verification of fines and fees. All counties shall | ||||||
22 | be subject
to this Section, except that counties with a | ||||||
23 | population under 2,000,000
may, by ordinance, elect not to be | ||||||
24 | subject to this Section. For offenses
subject to this Section, | ||||||
25 | judges shall impose one total sum of money payable
for | ||||||
26 | violations. The circuit clerk may add on no additional amounts |
| |||||||
| |||||||
1 | except
for amounts that are required by Sections 27.3a and | ||||||
2 | 27.3c of
this Act, unless those amounts are specifically waived | ||||||
3 | by the judge. With
respect to money collected by the circuit | ||||||
4 | clerk as a result of
forfeiture of bail, ex parte judgment or | ||||||
5 | guilty plea pursuant to Supreme
Court Rule 529, the circuit | ||||||
6 | clerk shall first deduct and pay amounts
required by Sections | ||||||
7 | 27.3a and 27.3c of this Act. This Section is a denial
and | ||||||
8 | limitation of home rule powers and functions under subsection | ||||||
9 | (h) of
Section 6 of Article VII of the Illinois Constitution.
| ||||||
10 | (b) In addition to any other fines and court costs assessed | ||||||
11 | by the courts,
any person convicted or receiving an order of | ||||||
12 | supervision for driving under
the influence of alcohol or drugs | ||||||
13 | shall pay an additional fee of $100 to the
clerk of the circuit | ||||||
14 | court. This amount, less 2 1/2% that shall be used to
defray | ||||||
15 | administrative costs incurred by the clerk, shall be remitted | ||||||
16 | by the
clerk to the Treasurer within 60 days after receipt for | ||||||
17 | deposit into the Trauma
Center Fund. This additional fee of | ||||||
18 | $100 shall not be considered a part of the
fine for purposes of | ||||||
19 | any reduction in the fine for time served either before or
| ||||||
20 | after sentencing. Not later than March 1 of each year the | ||||||
21 | Circuit Clerk shall
submit a report of the amount of funds | ||||||
22 | remitted to the State Treasurer under
this subsection during | ||||||
23 | the preceding calendar year.
| ||||||
24 | (b-1) In addition to any other fines and court costs | ||||||
25 | assessed by the courts,
any person convicted or receiving an | ||||||
26 | order of supervision for driving under the
influence of alcohol |
| |||||||
| |||||||
1 | or drugs shall pay an additional fee of $5 to the clerk
of the | ||||||
2 | circuit court. This amount, less
2 1/2% that shall be used to | ||||||
3 | defray administrative costs incurred by the clerk,
shall be | ||||||
4 | remitted by the clerk to the Treasurer within 60 days after | ||||||
5 | receipt
for deposit into the Spinal Cord Injury Paralysis Cure | ||||||
6 | Research Trust Fund.
This additional fee of $5 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) In addition to any other fines and court costs assessed | ||||||
13 | by the courts,
any person convicted for a violation of Sections | ||||||
14 | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or a | ||||||
15 | person sentenced for a violation of the Cannabis
Control Act, | ||||||
16 | the Illinois Controlled Substances Act, or the Methamphetamine | ||||||
17 | Control and Community Protection Act
shall pay an additional | ||||||
18 | fee of $100 to the clerk
of the circuit court. This amount, | ||||||
19 | less
2 1/2% that shall be used to defray administrative costs | ||||||
20 | incurred by the clerk,
shall be remitted by the clerk to the | ||||||
21 | Treasurer within 60 days after receipt
for deposit into the | ||||||
22 | Trauma Center Fund. This additional fee of $100 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-1) In addition to any other fines and court costs | ||||||
3 | assessed by the
courts, any person sentenced for a violation of | ||||||
4 | the Cannabis Control Act,
the Illinois Controlled Substances | ||||||
5 | Act, or the Methamphetamine Control and Community Protection | ||||||
6 | Act shall pay an additional fee of $5 to the
clerk of the | ||||||
7 | circuit court. This amount, less 2 1/2% that shall be used to
| ||||||
8 | defray administrative costs incurred by the clerk, shall be | ||||||
9 | remitted by the
clerk to the Treasurer within 60 days after | ||||||
10 | receipt for deposit into the Spinal
Cord Injury Paralysis Cure | ||||||
11 | Research Trust Fund. This additional fee of $5
shall not be | ||||||
12 | considered a part of the fine for purposes of any reduction in | ||||||
13 | the
fine for time served either before or after sentencing. Not | ||||||
14 | later than March 1
of each year the Circuit Clerk shall submit | ||||||
15 | a report of the amount of funds
remitted to the State Treasurer | ||||||
16 | under this subsection during the preceding
calendar year.
| ||||||
17 | (d) The following amounts must be remitted to the State | ||||||
18 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| ||||||
19 | (1) 50% of the amounts collected for felony offenses | ||||||
20 | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||||||
21 | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||||||
22 | Animals Act and Section 26-5 of the Criminal Code of
1961;
| ||||||
23 | (2) 20% of the amounts collected for Class A and Class | ||||||
24 | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||||||
25 | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||||||
26 | for Animals Act and Section 26-5 of the Criminal
Code of |
| |||||||
| |||||||
1 | 1961; and
| ||||||
2 | (3) 50% of the amounts collected for Class C | ||||||
3 | misdemeanors under Sections
4.01 and 7.1 of the Humane Care | ||||||
4 | for Animals Act and Section 26-5 of the
Criminal Code of | ||||||
5 | 1961.
| ||||||
6 | (e) Any person who receives a disposition of court | ||||||
7 | supervision for a violation of the Illinois Vehicle Code or a | ||||||
8 | similar provision of a local ordinance shall, in addition to | ||||||
9 | any other fines, fees, and court costs, pay an additional fee | ||||||
10 | of $29, to be disbursed as provided in Section 16-104c of the | ||||||
11 | Illinois Vehicle Code. In addition to the fee of $29, the | ||||||
12 | person shall also pay a fee of $6, if not waived by the court. | ||||||
13 | If this $6 fee is collected, $5.50 of the fee shall be | ||||||
14 | deposited into the Circuit Court Clerk Operation and | ||||||
15 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
16 | and 50 cents of the fee shall be deposited into the Prisoner | ||||||
17 | Review Board Vehicle and Equipment Fund in the State treasury.
| ||||||
18 | (f) This Section does not apply to the additional child | ||||||
19 | pornography fines assessed and collected under Section | ||||||
20 | 5-9-1.14 of the Unified Code of Corrections.
| ||||||
21 | (g) (Blank). | ||||||
22 | (h) (Blank). | ||||||
23 | (i) (g)
Of the amounts collected as fines under subsection | ||||||
24 | (b) of Section 3-712 of the Illinois Vehicle Code, 99% shall be | ||||||
25 | deposited into the Illinois Military Family Relief Fund and 1% | ||||||
26 | shall be deposited into the Circuit Court Clerk Operation and |
| |||||||
| |||||||
1 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
2 | to be used to offset the costs incurred by the Circuit Court | ||||||
3 | Clerk in performing the additional duties required to collect | ||||||
4 | and disburse funds to entities of State and local government as | ||||||
5 | provided by law.
| ||||||
6 | (j) (h) Any person convicted of, pleading guilty to, or | ||||||
7 | placed on supervision for a serious traffic violation, as | ||||||
8 | defined in Section 1-187.001 of the Illinois Vehicle Code, a | ||||||
9 | violation of Section 11-501 of the Illinois Vehicle Code, or a | ||||||
10 | violation of a similar provision of a local ordinance shall pay | ||||||
11 | an additional fee of $20, to be disbursed as provided in | ||||||
12 | Section 16-104d of that Code. | ||||||
13 | This subsection (h) becomes inoperative 7 years after the | ||||||
14 | effective date of Public Act 95-154. | ||||||
15 | (k) (h) For any conviction or disposition of court | ||||||
16 | supervision for a violation of Section 11-1429 of the Illinois | ||||||
17 | Vehicle Code, the circuit clerk shall distribute the fines paid | ||||||
18 | by the person as specified by subsection (h) of Section 11-1429 | ||||||
19 | of the Illinois Vehicle Code. | ||||||
20 | (l) (h) Any person who receives a disposition of court | ||||||
21 | supervision for a violation of Section 11-501 of the Illinois | ||||||
22 | Vehicle Code or a similar provision of a local ordinance shall, | ||||||
23 | in addition to any other fines, fees, and court costs, pay an | ||||||
24 | additional fee of $50, which shall
be collected by the circuit | ||||||
25 | clerk and then remitted to the State Treasurer for deposit into | ||||||
26 | the Roadside Memorial Fund, a special fund in the State |
| |||||||
| |||||||
1 | treasury. However, the court may waive the fee if full | ||||||
2 | restitution is complied with. Subject to appropriation, all | ||||||
3 | moneys in the Roadside Memorial Fund shall be used by the | ||||||
4 | Department of Transportation to pay fees imposed under | ||||||
5 | subsection (f) of Section 20 of the Roadside Memorial Act. The | ||||||
6 | fee shall be remitted by the circuit clerk within one month | ||||||
7 | after receipt to the State Treasurer for deposit into the | ||||||
8 | Roadside Memorial Fund. | ||||||
9 | (Source: P.A. 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428, | ||||||
10 | eff. 8-24-07; 95-600, eff. 6-1-08; 95-876, eff. 8-21-08; | ||||||
11 | 96-286, eff. 8-11-09; 96-576, eff. 8-18-09; 96-578, eff. | ||||||
12 | 8-18-09; 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; revised | ||||||
13 | 12-29-09.) | ||||||
14 | (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667, | ||||||
15 | and 96-735) | ||||||
16 | Sec. 27.6. (a) All fees, fines, costs, additional | ||||||
17 | penalties, bail balances
assessed or forfeited, and any other | ||||||
18 | amount paid by a person to the circuit
clerk equalling an | ||||||
19 | amount of $55 or more, except the fine imposed by Section | ||||||
20 | 5-9-1.15
of the Unified Code of Corrections, the additional fee | ||||||
21 | required
by subsections (b) and (c), restitution under Section | ||||||
22 | 5-5-6 of the
Unified Code of Corrections, contributions to a | ||||||
23 | local anti-crime program ordered pursuant to Section | ||||||
24 | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | ||||||
25 | Corrections, reimbursement for the costs of an emergency
|
| |||||||
| |||||||
1 | response as provided under Section 11-501 of the Illinois | ||||||
2 | Vehicle Code,
any fees collected for attending a traffic safety | ||||||
3 | program under paragraph (c)
of Supreme Court Rule 529, any fee | ||||||
4 | collected on behalf of a State's Attorney
under Section 4-2002 | ||||||
5 | of the Counties Code or a sheriff under Section 4-5001
of the | ||||||
6 | Counties Code, or any cost imposed under Section 124A-5 of the | ||||||
7 | Code of
Criminal Procedure of 1963, for convictions, orders of | ||||||
8 | supervision, or any
other disposition for a violation of | ||||||
9 | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | ||||||
10 | similar provision of a local ordinance, and any
violation of | ||||||
11 | the Child Passenger Protection Act, or a similar provision of a
| ||||||
12 | local ordinance, and except as otherwise provided in this | ||||||
13 | Section subsections (b) through (h)
shall be disbursed
within | ||||||
14 | 60 days after receipt by the circuit
clerk as follows: 44.5% | ||||||
15 | shall be disbursed to the entity authorized by law to
receive | ||||||
16 | the fine imposed in the case; 16.825% shall be disbursed to the | ||||||
17 | State
Treasurer; and 38.675% shall be disbursed to the county's | ||||||
18 | general corporate
fund. Of the 16.825% disbursed to the State | ||||||
19 | Treasurer, 2/17 shall be deposited
by the State Treasurer into | ||||||
20 | the Violent Crime Victims Assistance Fund, 5.052/17
shall be | ||||||
21 | deposited into the Traffic and Criminal Conviction Surcharge | ||||||
22 | Fund,
3/17 shall be deposited into the Drivers Education Fund, | ||||||
23 | and 6.948/17 shall be
deposited into the Trauma Center Fund. Of | ||||||
24 | the 6.948/17 deposited into the
Trauma Center Fund from the | ||||||
25 | 16.825% disbursed to the State Treasurer, 50% shall
be | ||||||
26 | disbursed to the Department of Public Health and 50% shall be |
| |||||||
| |||||||
1 | disbursed to
the Department of Healthcare and Family Services. | ||||||
2 | For fiscal year 1993, amounts deposited into
the Violent Crime | ||||||
3 | Victims Assistance Fund, the Traffic and Criminal
Conviction | ||||||
4 | Surcharge Fund, or the Drivers Education Fund shall not exceed | ||||||
5 | 110%
of the amounts deposited into those funds in fiscal year | ||||||
6 | 1991. Any
amount that exceeds the 110% limit shall be | ||||||
7 | distributed as follows: 50%
shall be disbursed to the county's | ||||||
8 | general 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
| ||||||
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, Section 16-104c of the Illinois Vehicle | ||||||
21 | Code, and subsection (a) of Section 5-1101 of the Counties | ||||||
22 | Code, unless those amounts are specifically waived by the | ||||||
23 | judge. With
respect to money collected by the circuit clerk as | ||||||
24 | a result of
forfeiture of bail, ex parte judgment or guilty | ||||||
25 | plea pursuant to Supreme
Court Rule 529, the circuit clerk | ||||||
26 | shall first deduct and pay amounts
required by Sections 27.3a |
| |||||||
| |||||||
1 | and 27.3c of this Act. Unless a court ordered payment schedule | ||||||
2 | is implemented or fee requirements are waived pursuant to court | ||||||
3 | order, the clerk of the court may add to any unpaid fees and | ||||||
4 | costs a delinquency amount equal to 5% of the unpaid fees that | ||||||
5 | remain unpaid after 30 days, 10% of the unpaid fees that remain | ||||||
6 | unpaid after 60 days, and 15% of the unpaid fees that remain | ||||||
7 | unpaid after 90 days. Notice to those parties may be made by | ||||||
8 | signage posting or publication. The additional delinquency | ||||||
9 | amounts collected under this Section shall be deposited in the | ||||||
10 | Circuit Court Clerk Operation and Administrative Fund to be | ||||||
11 | used to defray administrative costs incurred by the circuit | ||||||
12 | clerk in performing the duties required to collect and disburse | ||||||
13 | funds. This Section is a denial
and limitation of home rule | ||||||
14 | powers and functions under subsection (h) of
Section 6 of | ||||||
15 | Article VII of the Illinois Constitution.
| ||||||
16 | (b) In addition to any other fines and court costs assessed | ||||||
17 | by the courts,
any person convicted or receiving an order of | ||||||
18 | supervision for driving under
the influence of alcohol or drugs | ||||||
19 | shall pay an additional fee of $100 to the
clerk of the circuit | ||||||
20 | court. This amount, less 2 1/2% that shall be used to
defray | ||||||
21 | administrative costs incurred by the clerk, shall be remitted | ||||||
22 | by the
clerk to the Treasurer within 60 days after receipt for | ||||||
23 | deposit into the Trauma
Center Fund. This additional fee of | ||||||
24 | $100 shall not be considered a part of the
fine for purposes of | ||||||
25 | any reduction in the fine for time served either before or
| ||||||
26 | after sentencing. Not later than March 1 of each year the |
| |||||||
| |||||||
1 | Circuit Clerk shall
submit a report of the amount of funds | ||||||
2 | remitted to the State Treasurer under
this subsection during | ||||||
3 | the preceding calendar year.
| ||||||
4 | (b-1) In addition to any other fines and court costs | ||||||
5 | assessed by the courts,
any person convicted or receiving an | ||||||
6 | order of supervision for driving under the
influence of alcohol | ||||||
7 | or drugs shall pay an additional fee of $5 to the clerk
of the | ||||||
8 | circuit court. This amount, less
2 1/2% that shall be used to | ||||||
9 | defray administrative costs incurred by the clerk,
shall be | ||||||
10 | remitted by the clerk to the Treasurer within 60 days after | ||||||
11 | receipt
for deposit into the Spinal Cord Injury Paralysis Cure | ||||||
12 | Research Trust Fund.
This additional fee of $5 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) In addition to any other fines and court costs assessed | ||||||
19 | by the courts,
any person convicted for a violation of Sections | ||||||
20 | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or a | ||||||
21 | person sentenced for a violation of the Cannabis
Control Act, | ||||||
22 | the Illinois Controlled Substances Act, or the Methamphetamine | ||||||
23 | Control and Community Protection Act
shall pay an additional | ||||||
24 | fee of $100 to the clerk
of the circuit court. This amount, | ||||||
25 | less
2 1/2% that shall be used to defray administrative costs | ||||||
26 | incurred by the clerk,
shall be remitted by the clerk to the |
| |||||||
| |||||||
1 | Treasurer within 60 days after receipt
for deposit into the | ||||||
2 | Trauma Center Fund. This additional fee of $100 shall not
be | ||||||
3 | considered a part of the fine for purposes of any reduction in | ||||||
4 | the fine for
time served either before or after sentencing. Not | ||||||
5 | later than March 1 of each
year the Circuit Clerk shall submit | ||||||
6 | a report of the amount of funds remitted to
the State Treasurer | ||||||
7 | under this subsection during the preceding calendar year.
| ||||||
8 | (c-1) In addition to any other fines and court costs | ||||||
9 | assessed by the
courts, any person sentenced for a violation of | ||||||
10 | the Cannabis Control Act,
the Illinois Controlled Substances | ||||||
11 | Act, or the Methamphetamine Control and Community Protection | ||||||
12 | Act shall pay an additional fee of $5 to the
clerk of the | ||||||
13 | circuit court. This amount, less 2 1/2% that shall be used to
| ||||||
14 | defray administrative costs incurred by the clerk, shall be | ||||||
15 | remitted by the
clerk to the Treasurer within 60 days after | ||||||
16 | receipt for deposit into the Spinal
Cord Injury Paralysis Cure | ||||||
17 | Research Trust Fund. This additional fee of $5
shall not be | ||||||
18 | considered a part of the fine for purposes of any reduction in | ||||||
19 | the
fine for time served either before or after sentencing. 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 subsection during the preceding
calendar year.
| ||||||
23 | (d) The following amounts must be remitted to the State | ||||||
24 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| ||||||
25 | (1) 50% of the amounts collected for felony offenses | ||||||
26 | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, |
| |||||||
| |||||||
1 | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||||||
2 | Animals Act and Section 26-5 of the Criminal Code of
1961;
| ||||||
3 | (2) 20% of the amounts collected for Class A and Class | ||||||
4 | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||||||
5 | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||||||
6 | for Animals Act and Section 26-5 of the Criminal
Code of | ||||||
7 | 1961; and
| ||||||
8 | (3) 50% of the amounts collected for Class C | ||||||
9 | misdemeanors under Sections
4.01 and 7.1 of the Humane Care | ||||||
10 | for Animals Act and Section 26-5 of the
Criminal Code of | ||||||
11 | 1961.
| ||||||
12 | (e) Any person who receives a disposition of court | ||||||
13 | supervision for a violation of the Illinois Vehicle Code or a | ||||||
14 | similar provision of a local ordinance shall, in addition to | ||||||
15 | any other fines, fees, and court costs, pay an additional fee | ||||||
16 | of $29, to be disbursed as provided in Section 16-104c of the | ||||||
17 | Illinois Vehicle Code. In addition to the fee of $29, the | ||||||
18 | person shall also pay a fee of $6, if not waived by the court. | ||||||
19 | If this $6 fee is collected, $5.50 of the fee shall be | ||||||
20 | deposited into the Circuit Court Clerk Operation and | ||||||
21 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
22 | and 50 cents of the fee shall be deposited into the Prisoner | ||||||
23 | Review Board Vehicle and Equipment Fund in the State treasury.
| ||||||
24 | (f) This Section does not apply to the additional child | ||||||
25 | pornography fines assessed and collected under Section | ||||||
26 | 5-9-1.14 of the Unified Code of Corrections.
|
| |||||||
| |||||||
1 | (g) Any person convicted of or pleading guilty to a serious | ||||||
2 | traffic violation, as defined in Section 1-187.001 of the | ||||||
3 | Illinois Vehicle Code, shall pay an additional fee of $20, to | ||||||
4 | be disbursed as provided in Section 16-104d of that Code. This | ||||||
5 | subsection (g) becomes inoperative 7 years after the effective | ||||||
6 | date of Public Act 95-154. | ||||||
7 | (h) In all counties having a population of 3,000,000 or | ||||||
8 | more inhabitants, | ||||||
9 | (1) (h-1) A person who is found guilty of or pleads | ||||||
10 | guilty to violating subsection (a) of Section 11-501 of the | ||||||
11 | Illinois Vehicle Code, including any person placed on court | ||||||
12 | supervision for violating subsection (a), shall be fined | ||||||
13 | $750 $500 as provided for by subsection (f) of Section | ||||||
14 | 11-501.01 of the Illinois Vehicle Code, payable to the | ||||||
15 | circuit clerk, who shall distribute the money pursuant to | ||||||
16 | subsection (f) of Section 11-501.01 of the Illinois Vehicle | ||||||
17 | Code. | ||||||
18 | (2) (h-2) When a crime laboratory DUI analysis fee of | ||||||
19 | $150, provided for by Section 5-9-1.9 of the Unified Code | ||||||
20 | of Corrections is assessed, it shall be disbursed by the | ||||||
21 | circuit clerk as provided by subsection (f) of Section | ||||||
22 | 5-9-1.9 of the Unified Code of Corrections. | ||||||
23 | (3) (h-3) When a fine for a violation of Section | ||||||
24 | 11-605.1 of the Illinois Vehicle Code is $250 or greater, | ||||||
25 | the person who violated that Section shall be charged an | ||||||
26 | additional $125 as provided for by subsection (e) of |
| |||||||
| |||||||
1 | Section 11-605.1 of the Illinois Vehicle Code, which shall | ||||||
2 | be disbursed by the circuit clerk to a State or county | ||||||
3 | Transportation Safety Highway Hire-back Fund as provided | ||||||
4 | by subsection (e) of Section 11-605.1 of the Illinois | ||||||
5 | Vehicle Code. | ||||||
6 | (4) (h-4) When a fine for a violation of subsection (a) | ||||||
7 | of Section 11-605 of the Illinois Vehicle Code is $150 or | ||||||
8 | greater, the additional $50 which is charged as provided | ||||||
9 | for by subsection (f) of Section 11-605 of the Illinois | ||||||
10 | Vehicle Code shall be disbursed by the circuit clerk to a | ||||||
11 | school district or districts for school safety purposes as | ||||||
12 | provided by subsection (f) of Section 11-605. | ||||||
13 | (5) (h-4.5) When a fine for a violation of subsection | ||||||
14 | (a) of Section 11-1002.5 of the Illinois Vehicle Code is | ||||||
15 | $150 or greater, the additional $50 which is charged as | ||||||
16 | provided for by subsection (c) of Section 11-1002.5 of the | ||||||
17 | Illinois Vehicle Code shall be disbursed by the circuit | ||||||
18 | clerk to a school district or districts for school safety | ||||||
19 | purposes as provided by subsection (c) of Section 11-1002.5 | ||||||
20 | of the Illinois Vehicle Code. | ||||||
21 | (6) (h-5) When a mandatory drug court fee of up to $5 | ||||||
22 | is assessed as provided in subsection (f) of Section 5-1101 | ||||||
23 | of the Counties Code, it shall be disbursed by the circuit | ||||||
24 | clerk as provided in subsection (f) of Section 5-1101 of | ||||||
25 | the Counties Code. | ||||||
26 | (7) (h-6) When a mandatory teen court, peer jury, youth |
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1 | court, or other youth diversion program fee is assessed as | ||||||
2 | provided in subsection (e) of Section 5-1101 of the | ||||||
3 | Counties Code, it shall be disbursed by the circuit clerk | ||||||
4 | as provided in subsection (e) of Section 5-1101 of the | ||||||
5 | Counties Code. | ||||||
6 | (8) (h-7) When a Children's Advocacy Center fee is | ||||||
7 | assessed pursuant to subsection (f-5) of Section 5-1101 of | ||||||
8 | the Counties Code, it shall be disbursed by the circuit | ||||||
9 | clerk as provided in subsection (f-5) of Section 5-1101 of | ||||||
10 | the Counties Code. | ||||||
11 | (9) (h-8) When a victim impact panel fee is assessed | ||||||
12 | pursuant to subsection (b) of Section 11-501.01 of the | ||||||
13 | Vehicle Code, it shall be disbursed by the circuit clerk to | ||||||
14 | the victim impact panel to be attended by the defendant. | ||||||
15 | (10) (h-9) When a new fee collected in traffic cases is | ||||||
16 | enacted after the effective date of this subsection (h), it | ||||||
17 | shall be excluded from the percentage disbursement | ||||||
18 | provisions of this Section unless otherwise indicated by | ||||||
19 | law. | ||||||
20 | (i) (g)
Of the amounts collected as fines under subsection | ||||||
21 | (b) 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 |
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1 | and disburse funds to entities of State and local government as | ||||||
2 | provided by law.
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3 | (j) (Blank). | ||||||
4 | (k) (h) For any conviction or disposition of court | ||||||
5 | supervision for a violation of Section 11-1429 of the Illinois | ||||||
6 | Vehicle Code, the circuit clerk shall distribute the fines paid | ||||||
7 | by the person as specified by subsection (h) of Section 11-1429 | ||||||
8 | of the Illinois Vehicle Code. | ||||||
9 | (l) (h) Any person who receives a disposition of court | ||||||
10 | supervision for a violation of Section 11-501 of the Illinois | ||||||
11 | Vehicle Code or a similar provision of a local ordinance shall, | ||||||
12 | in addition to any other fines, fees, and court costs, pay an | ||||||
13 | additional fee of $50, which shall
be collected by the circuit | ||||||
14 | clerk and then remitted to the State Treasurer for deposit into | ||||||
15 | the Roadside Memorial Fund, a special fund in the State | ||||||
16 | treasury. However, the court may waive the fee if full | ||||||
17 | restitution is complied with. Subject to appropriation, all | ||||||
18 | moneys in the Roadside Memorial Fund shall be used by the | ||||||
19 | Department of Transportation to pay fees imposed under | ||||||
20 | subsection (f) of Section 20 of the Roadside Memorial Act. The | ||||||
21 | fee shall be remitted by the circuit clerk within one month | ||||||
22 | after receipt to the State Treasurer for deposit into the | ||||||
23 | Roadside Memorial Fund. | ||||||
24 | (Source: P.A. 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428, | ||||||
25 | eff. 8-24-07; 95-600, eff. 6-1-08; 95-876, eff. 8-21-08; | ||||||
26 | 96-576, eff. 8-18-09; 96-578, eff. 8-18-09; 96-625, eff. |
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1 | 1-1-10; 96-667, eff. 8-25-09; 96-735, eff. 1-1-10; revised | ||||||
2 | 12-29-09.)
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3 | Section 99. Effective date. This Act takes effect January | ||||||
4 | 1, 2011.
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