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1 | AN ACT concerning criminal law.
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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 1. Short title. This Act may be cited as the | ||||||||||||||||||||||||||||
5 | Tobacco Sales At Health Care Institutions Prohibition Act. | ||||||||||||||||||||||||||||
6 | Section 5. Findings. | ||||||||||||||||||||||||||||
7 | (a) Tobacco is one of the leading causes of death in the | ||||||||||||||||||||||||||||
8 | United States and lung
cancer, which has a correlation to | ||||||||||||||||||||||||||||
9 | smoking, has been the leading cause of cancer death
among | ||||||||||||||||||||||||||||
10 | Illinois residents. | ||||||||||||||||||||||||||||
11 | (b) Tobacco is currently sold in health care institutions | ||||||||||||||||||||||||||||
12 | such as pharmacies and
drug stores. | ||||||||||||||||||||||||||||
13 | (c) The sale of tobacco products is incompatible with the | ||||||||||||||||||||||||||||
14 | mission of health care
institutions because it is detrimental | ||||||||||||||||||||||||||||
15 | to the public health and undermines efforts to
educate patients | ||||||||||||||||||||||||||||
16 | on the safe and effective use of medication. | ||||||||||||||||||||||||||||
17 | (d)
In recognition of the harmful effects of tobacco use | ||||||||||||||||||||||||||||
18 | and that selling them in establishments dispensing medicine and | ||||||||||||||||||||||||||||
19 | health advice is contradictory to consumers, it is important | ||||||||||||||||||||||||||||
20 | that the sale of tobacco products be prohibited by health care | ||||||||||||||||||||||||||||
21 | institutions in Illinois.
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22 | Section 10. Definitions. In this Act: |
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| |||||||
1 | "Health care institution" means an individual, | ||||||
2 | partnership, association, corporation, or trust or any person | ||||||
3 | or group of persons that provides health care services and | ||||||
4 | employs health care providers licensed, or subject to | ||||||
5 | licensing, by the State of Illinois. "Health care institution" | ||||||
6 | includes hospitals, clinics, health centers, pharmacies, drug | ||||||
7 | stores and doctors' and dentists' offices. | ||||||
8 | "Retail establishment" means any store that sells goods or | ||||||
9 | articles of personal services to the public. | ||||||
10 | "Tobacco product" means any substance containing tobacco | ||||||
11 | leaf, and any product or formulation of matter containing | ||||||
12 | biologically active amounts of nicotine that is manufactured, | ||||||
13 | sold, offered for sale, or otherwise distributed with the | ||||||
14 | expectation that the product or matter will be introduced into | ||||||
15 | the human body, but does not include any cessation product | ||||||
16 | specifically approved by the United States Food and Drug | ||||||
17 | Administration for use in treating nicotine or tobacco | ||||||
18 | dependence.
| ||||||
19 | Section 15. Sale of tobacco products by health care | ||||||
20 | institutions prohibited. | ||||||
21 | (a) A health care institution shall not sell or cause to be | ||||||
22 | sold tobacco products. | ||||||
23 | (b) A retail establishment that operates or has a health | ||||||
24 | care institution within it, such as a pharmacy or drug store, | ||||||
25 | shall not sell or cause to be sold tobacco products. |
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| |||||||
1 | Section 20. Sentence. | ||||||
2 | (a) A person who violates this Act is guilty of a petty | ||||||
3 | offense and shall be fined $200 for a first offense, $700 for a | ||||||
4 | second offense occurring within 24 months of the first offense, | ||||||
5 | and $1,000 for a third or subsequent offense occurring within | ||||||
6 | 24 months of the second or subsequent offense. | ||||||
7 | (b) Each calendar day an entity operates in violation of | ||||||
8 | any provision of this Act shall be deemed a separate violation. | ||||||
9 | (c) Nothing in this Act shall be interpreted as prohibiting | ||||||
10 | the Illinois Department of Public Health or another agency from | ||||||
11 | suspending, or revoking any license or permit issued by and | ||||||
12 | within the jurisdiction of that department or agency for | ||||||
13 | repeated violations of this Act. | ||||||
14 | (d) Any fines or fees collected under this Act shall be | ||||||
15 | deposited in the Tobacco Products Education Fund, which is | ||||||
16 | created in the State treasury. Moneys in the Fund shall, upon | ||||||
17 | order of the Director of Public Health, be used by the | ||||||
18 | Department of Public Health for the enforcement of this Act and | ||||||
19 | for educational programs on the harmful effects of tobacco.
| ||||||
20 | Section 50. The State Finance Act is amended by adding | ||||||
21 | Section 5.756 as follows: | ||||||
22 | (30 ILCS 105/5.756 new) | ||||||
23 | Sec. 5.756. The Tobacco Products Education Fund. |
| |||||||
| |||||||
1 | Section 55. The Clerks of Courts Act is amended by changing | ||||||
2 | Section 27.6 as follows:
| ||||||
3 | (705 ILCS 105/27.6)
| ||||||
4 | (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625, | ||||||
5 | and 96-667) | ||||||
6 | Sec. 27.6. (a) All fees, fines, costs, additional | ||||||
7 | penalties, bail balances
assessed or forfeited, and any other | ||||||
8 | amount paid by a person to the circuit
clerk equalling an | ||||||
9 | amount of $55 or more, except the fine imposed by Section | ||||||
10 | 5-9-1.15
of the Unified Code of Corrections, the additional fee | ||||||
11 | required
by subsections (b) and (c), restitution under Section | ||||||
12 | 5-5-6 of the
Unified Code of Corrections, contributions to a | ||||||
13 | local anti-crime program ordered pursuant to Section | ||||||
14 | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | ||||||
15 | Corrections, reimbursement for the costs of an emergency
| ||||||
16 | response as provided under Section 11-501 of the Illinois | ||||||
17 | Vehicle Code,
any fees collected for attending a traffic safety | ||||||
18 | program under paragraph (c)
of Supreme Court Rule 529, any fee | ||||||
19 | collected on behalf of a State's Attorney
under Section 4-2002 | ||||||
20 | of the Counties Code or a sheriff under Section 4-5001
of the | ||||||
21 | Counties Code, or any cost imposed under Section 124A-5 of the | ||||||
22 | Code of
Criminal Procedure of 1963, for convictions, orders of | ||||||
23 | supervision, or any
other disposition for a violation of | ||||||
24 | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a |
| |||||||
| |||||||
1 | similar provision of a local ordinance, and any
violation of | ||||||
2 | the Child Passenger Protection Act, or a similar provision of a
| ||||||
3 | local ordinance, and except as otherwise provided in the | ||||||
4 | Tobacco Sales At Health Care Institutions Prohibition Act, and | ||||||
5 | except as otherwise provided in this Section subsections (d) | ||||||
6 | and (g)
shall be disbursed
within 60 days after receipt by the | ||||||
7 | circuit
clerk as follows: 44.5% shall be disbursed to the | ||||||
8 | entity authorized by law to
receive the fine imposed in the | ||||||
9 | case; 16.825% shall be disbursed to the State
Treasurer; and | ||||||
10 | 38.675% shall be disbursed to the county's general corporate
| ||||||
11 | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | ||||||
12 | shall be deposited
by the State Treasurer into the Violent | ||||||
13 | Crime Victims Assistance Fund, 5.052/17
shall be deposited into | ||||||
14 | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall | ||||||
15 | be deposited into the Drivers Education Fund, and 6.948/17 | ||||||
16 | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 | ||||||
17 | deposited into the
Trauma Center Fund from the 16.825% | ||||||
18 | disbursed to the State Treasurer, 50% shall
be disbursed to the | ||||||
19 | Department of Public Health and 50% shall be disbursed to
the | ||||||
20 | Department of Healthcare and Family Services. For fiscal year | ||||||
21 | 1993, amounts deposited into
the Violent Crime Victims | ||||||
22 | Assistance Fund, the Traffic and Criminal
Conviction Surcharge | ||||||
23 | Fund, or the Drivers Education Fund shall not exceed 110%
of | ||||||
24 | the amounts deposited into those funds in fiscal year 1991. Any
| ||||||
25 | amount that exceeds the 110% limit shall be distributed as | ||||||
26 | follows: 50%
shall be disbursed to the county's general |
| |||||||
| |||||||
1 | corporate fund and 50% shall be
disbursed to the entity | ||||||
2 | authorized by law to receive the fine imposed in
the case. Not | ||||||
3 | later than March 1 of each year the circuit clerk
shall submit | ||||||
4 | a report of the amount of funds remitted to the State
Treasurer | ||||||
5 | under this Section during the preceding year based upon
| ||||||
6 | independent verification of fines and fees. All counties shall | ||||||
7 | be subject
to this Section, except that counties with a | ||||||
8 | population under 2,000,000
may, by ordinance, elect not to be | ||||||
9 | subject to this Section. For offenses
subject to this Section, | ||||||
10 | judges shall impose one total sum of money payable
for | ||||||
11 | violations. The circuit clerk may add on no additional amounts | ||||||
12 | except
for amounts that are required by Sections 27.3a and | ||||||
13 | 27.3c of
this Act, unless those amounts are specifically waived | ||||||
14 | by the judge. With
respect to money collected by the circuit | ||||||
15 | clerk as a result of
forfeiture of bail, ex parte judgment or | ||||||
16 | guilty plea pursuant to Supreme
Court Rule 529, the circuit | ||||||
17 | clerk shall first deduct and pay amounts
required by Sections | ||||||
18 | 27.3a and 27.3c of this Act. This Section is a denial
and | ||||||
19 | limitation of home rule powers and functions under subsection | ||||||
20 | (h) of
Section 6 of Article VII of the Illinois Constitution.
| ||||||
21 | (b) In addition to any other fines and court costs assessed | ||||||
22 | by the courts,
any person convicted or receiving an order of | ||||||
23 | supervision for driving under
the influence of alcohol or drugs | ||||||
24 | shall pay an additional fee of $100 to the
clerk of the circuit | ||||||
25 | court. This amount, less 2 1/2% that shall be used to
defray | ||||||
26 | administrative costs incurred by the clerk, shall be remitted |
| |||||||
| |||||||
1 | by the
clerk to the Treasurer within 60 days after receipt for | ||||||
2 | deposit into the Trauma
Center Fund. This additional fee of | ||||||
3 | $100 shall not be considered a part of the
fine for purposes of | ||||||
4 | any reduction in the fine for time served either before or
| ||||||
5 | after sentencing. Not later than March 1 of each year the | ||||||
6 | Circuit Clerk shall
submit a report of the amount of funds | ||||||
7 | remitted to the State Treasurer under
this subsection during | ||||||
8 | the preceding calendar year.
| ||||||
9 | (b-1) In addition to any other fines and court costs | ||||||
10 | assessed by the courts,
any person convicted or receiving an | ||||||
11 | order of supervision for driving under the
influence of alcohol | ||||||
12 | or drugs 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 | (c) In addition to any other fines and court costs assessed | ||||||
24 | by the courts,
any person convicted for a violation of Sections | ||||||
25 | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or a | ||||||
26 | person sentenced for a violation of the Cannabis
Control Act, |
| |||||||
| |||||||
1 | the Illinois Controlled Substances Act, or the Methamphetamine | ||||||
2 | Control and Community Protection Act
shall pay an additional | ||||||
3 | fee of $100 to the clerk
of the circuit court. This amount, | ||||||
4 | less
2 1/2% that shall be used to defray administrative costs | ||||||
5 | incurred by the clerk,
shall be remitted by the clerk to the | ||||||
6 | Treasurer within 60 days after receipt
for deposit into the | ||||||
7 | Trauma Center Fund. This additional fee of $100 shall not
be | ||||||
8 | considered a part of the fine for purposes of any reduction in | ||||||
9 | the fine for
time served either before or after sentencing. 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 subsection during the preceding calendar year.
| ||||||
13 | (c-1) In addition to any other fines and court costs | ||||||
14 | assessed by the
courts, any person sentenced for a violation of | ||||||
15 | the Cannabis Control Act,
the Illinois Controlled Substances | ||||||
16 | Act, or the Methamphetamine Control and Community Protection | ||||||
17 | Act 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 | (d) The following amounts must be remitted to the State | ||||||
3 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| ||||||
4 | (1) 50% of the amounts collected for felony offenses | ||||||
5 | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||||||
6 | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||||||
7 | Animals Act and Section 26-5 of the Criminal Code of
1961;
| ||||||
8 | (2) 20% of the amounts collected for Class A and Class | ||||||
9 | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||||||
10 | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||||||
11 | for Animals Act and Section 26-5 of the Criminal
Code of | ||||||
12 | 1961; and
| ||||||
13 | (3) 50% of the amounts collected for Class C | ||||||
14 | misdemeanors under Sections
4.01 and 7.1 of the Humane Care | ||||||
15 | for Animals Act and Section 26-5 of the
Criminal Code of | ||||||
16 | 1961.
| ||||||
17 | (e) Any person who receives a disposition of court | ||||||
18 | supervision for a violation of the Illinois Vehicle Code or a | ||||||
19 | similar provision of a local ordinance shall, in addition to | ||||||
20 | any other fines, fees, and court costs, pay an additional fee | ||||||
21 | of $29, to be disbursed as provided in Section 16-104c of the | ||||||
22 | Illinois Vehicle Code. In addition to the fee of $29, the | ||||||
23 | person shall also pay a fee of $6, if not waived by the court. | ||||||
24 | If this $6 fee is collected, $5.50 of the fee shall be | ||||||
25 | deposited into the Circuit Court Clerk Operation and | ||||||
26 | Administrative Fund created by the Clerk of the Circuit Court |
| |||||||
| |||||||
1 | and 50 cents of the fee shall be deposited into the Prisoner | ||||||
2 | Review Board Vehicle and Equipment Fund in the State treasury.
| ||||||
3 | (f) This Section does not apply to the additional child | ||||||
4 | pornography fines assessed and collected under Section | ||||||
5 | 5-9-1.14 of the Unified Code of Corrections.
| ||||||
6 | (g) (Blank). | ||||||
7 | (h) (Blank). | ||||||
8 | (i) (g)
Of the amounts collected as fines under subsection | ||||||
9 | (b) of Section 3-712 of the Illinois Vehicle Code, 99% shall be | ||||||
10 | deposited into the Illinois Military Family Relief Fund and 1% | ||||||
11 | shall be deposited into the Circuit Court Clerk Operation and | ||||||
12 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
13 | to be used to offset the costs incurred by the Circuit Court | ||||||
14 | Clerk in performing the additional duties required to collect | ||||||
15 | and disburse funds to entities of State and local government as | ||||||
16 | provided by law.
| ||||||
17 | (j) (h) Any person convicted of, pleading guilty to, or | ||||||
18 | placed on supervision for a serious traffic violation, as | ||||||
19 | defined in Section 1-187.001 of the Illinois Vehicle Code, a | ||||||
20 | violation of Section 11-501 of the Illinois Vehicle Code, or a | ||||||
21 | violation of a similar provision of a local ordinance shall pay | ||||||
22 | an additional fee of $20, to be disbursed as provided in | ||||||
23 | Section 16-104d of that Code. | ||||||
24 | This subsection (h) becomes inoperative 7 years after the | ||||||
25 | effective date of Public Act 95-154. | ||||||
26 | (k) (h) For any conviction or disposition of court |
| |||||||
| |||||||
1 | supervision for a violation of Section 11-1429 of the Illinois | ||||||
2 | Vehicle Code, the circuit clerk shall distribute the fines paid | ||||||
3 | by the person as specified by subsection (h) of Section 11-1429 | ||||||
4 | of the Illinois Vehicle Code. | ||||||
5 | (l) (h) Any person who receives a disposition of court | ||||||
6 | supervision for a violation of Section 11-501 of the Illinois | ||||||
7 | Vehicle Code or a similar provision of a local ordinance shall, | ||||||
8 | in addition to any other fines, fees, and court costs, pay an | ||||||
9 | additional fee of $50, which shall
be collected by the circuit | ||||||
10 | clerk and then remitted to the State Treasurer for deposit into | ||||||
11 | the Roadside Memorial Fund, a special fund in the State | ||||||
12 | treasury. However, the court may waive the fee if full | ||||||
13 | restitution is complied with. Subject to appropriation, all | ||||||
14 | moneys in the Roadside Memorial Fund shall be used by the | ||||||
15 | Department of Transportation to pay fees imposed under | ||||||
16 | subsection (f) of Section 20 of the Roadside Memorial Act. The | ||||||
17 | fee shall be remitted by the circuit clerk within one month | ||||||
18 | after receipt to the State Treasurer for deposit into the | ||||||
19 | Roadside Memorial Fund. | ||||||
20 | (Source: P.A. 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428, | ||||||
21 | eff. 8-24-07; 95-600, eff. 6-1-08; 95-876, eff. 8-21-08; | ||||||
22 | 96-286, eff. 8-11-09; 96-576, eff. 8-18-09; 96-578, eff. | ||||||
23 | 8-18-09; 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; revised | ||||||
24 | 12-29-09.) | ||||||
25 | (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667, |
| |||||||
| |||||||
1 | and 96-735) | ||||||
2 | Sec. 27.6. (a) All fees, fines, costs, additional | ||||||
3 | penalties, bail balances
assessed or forfeited, and any other | ||||||
4 | amount paid by a person to the circuit
clerk equalling an | ||||||
5 | amount of $55 or more, except the fine imposed by Section | ||||||
6 | 5-9-1.15
of the Unified Code of Corrections, the additional fee | ||||||
7 | required
by subsections (b) and (c), restitution under Section | ||||||
8 | 5-5-6 of the
Unified Code of Corrections, contributions to a | ||||||
9 | local anti-crime program ordered pursuant to Section | ||||||
10 | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | ||||||
11 | Corrections, reimbursement for the costs of an emergency
| ||||||
12 | response as provided under Section 11-501 of the Illinois | ||||||
13 | Vehicle Code,
any fees collected for attending a traffic safety | ||||||
14 | program under paragraph (c)
of Supreme Court Rule 529, any fee | ||||||
15 | collected on behalf of a State's Attorney
under Section 4-2002 | ||||||
16 | of the Counties Code or a sheriff under Section 4-5001
of the | ||||||
17 | Counties Code, or any cost imposed under Section 124A-5 of the | ||||||
18 | Code of
Criminal Procedure of 1963, for convictions, orders of | ||||||
19 | supervision, or any
other disposition for a violation of | ||||||
20 | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | ||||||
21 | similar provision of a local ordinance, and any
violation of | ||||||
22 | the Child Passenger Protection Act, or a similar provision of a
| ||||||
23 | local ordinance, and except as otherwise provided in the | ||||||
24 | Tobacco Sales At Health Care Institutions Prohibition Act, and | ||||||
25 | except as otherwise provided in this Section subsections (b) | ||||||
26 | through (h)
shall be disbursed
within 60 days after receipt by |
| |||||||
| |||||||
1 | the circuit
clerk as follows: 44.5% shall be disbursed to the | ||||||
2 | entity authorized by law to
receive the fine imposed in the | ||||||
3 | case; 16.825% shall be disbursed to the State
Treasurer; and | ||||||
4 | 38.675% shall be disbursed to the county's general corporate
| ||||||
5 | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | ||||||
6 | shall be deposited
by the State Treasurer into the Violent | ||||||
7 | Crime Victims Assistance Fund, 5.052/17
shall be deposited into | ||||||
8 | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall | ||||||
9 | be deposited into the Drivers Education Fund, and 6.948/17 | ||||||
10 | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 | ||||||
11 | deposited into the
Trauma Center Fund from the 16.825% | ||||||
12 | disbursed to the State Treasurer, 50% shall
be disbursed to the | ||||||
13 | Department of Public Health and 50% shall be disbursed to
the | ||||||
14 | Department of Healthcare and Family Services. For fiscal year | ||||||
15 | 1993, amounts deposited into
the Violent Crime Victims | ||||||
16 | Assistance Fund, the Traffic and Criminal
Conviction Surcharge | ||||||
17 | Fund, or the Drivers Education Fund shall not exceed 110%
of | ||||||
18 | the amounts deposited into those funds in fiscal year 1991. Any
| ||||||
19 | amount that exceeds the 110% limit shall be distributed as | ||||||
20 | follows: 50%
shall be disbursed to the county's general | ||||||
21 | corporate fund and 50% shall be
disbursed to the entity | ||||||
22 | authorized by law to receive the fine imposed in
the case. Not | ||||||
23 | later than March 1 of each year the circuit clerk
shall submit | ||||||
24 | a report of the amount of funds remitted to the State
Treasurer | ||||||
25 | under this Section during the preceding year based upon
| ||||||
26 | independent verification of fines and fees. All counties shall |
| |||||||
| |||||||
1 | be subject
to this Section, except that counties with a | ||||||
2 | population under 2,000,000
may, by ordinance, elect not to be | ||||||
3 | subject to this Section. For offenses
subject to this Section, | ||||||
4 | judges shall impose one total sum of money payable
for | ||||||
5 | violations. The circuit clerk may add on no additional amounts | ||||||
6 | except
for amounts that are required by Sections 27.3a and | ||||||
7 | 27.3c of
this Act, Section 16-104c of the Illinois Vehicle | ||||||
8 | Code, and subsection (a) of Section 5-1101 of the Counties | ||||||
9 | Code, unless those amounts are specifically waived by the | ||||||
10 | judge. With
respect to money collected by the circuit clerk as | ||||||
11 | a result of
forfeiture of bail, ex parte judgment or guilty | ||||||
12 | plea pursuant to Supreme
Court Rule 529, the circuit clerk | ||||||
13 | shall first deduct and pay amounts
required by Sections 27.3a | ||||||
14 | and 27.3c of this Act. Unless a court ordered payment schedule | ||||||
15 | is implemented or fee requirements are waived pursuant to court | ||||||
16 | order, the clerk of the court may add to any unpaid fees and | ||||||
17 | costs a delinquency amount equal to 5% of the unpaid fees that | ||||||
18 | remain unpaid after 30 days, 10% of the unpaid fees that remain | ||||||
19 | unpaid after 60 days, and 15% of the unpaid fees that remain | ||||||
20 | unpaid after 90 days. Notice to those parties may be made by | ||||||
21 | signage posting or publication. The additional delinquency | ||||||
22 | amounts collected under this Section shall be deposited in the | ||||||
23 | Circuit Court Clerk Operation and Administrative Fund to be | ||||||
24 | used to defray administrative costs incurred by the circuit | ||||||
25 | clerk in performing the duties required to collect and disburse | ||||||
26 | funds. This Section is a denial
and limitation of home rule |
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1 | powers and functions under subsection (h) of
Section 6 of | ||||||
2 | Article VII of the Illinois Constitution.
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3 | (b) In addition to any other fines and court costs assessed | ||||||
4 | by the courts,
any person convicted or receiving an order of | ||||||
5 | supervision for driving under
the influence of alcohol or drugs | ||||||
6 | shall pay an additional fee of $100 to the
clerk of the circuit | ||||||
7 | court. This amount, less 2 1/2% that shall be used to
defray | ||||||
8 | administrative costs incurred by the clerk, shall be remitted | ||||||
9 | by the
clerk to the Treasurer within 60 days after receipt for | ||||||
10 | deposit into the Trauma
Center Fund. This additional fee of | ||||||
11 | $100 shall not be considered a part of the
fine for purposes of | ||||||
12 | any reduction in the fine for time served either before or
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13 | after sentencing. 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 subsection during | ||||||
16 | the preceding calendar year.
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17 | (b-1) In addition to any other fines and court costs | ||||||
18 | assessed by the courts,
any person convicted or receiving an | ||||||
19 | order of supervision for driving under the
influence of alcohol | ||||||
20 | or drugs shall pay an additional fee of $5 to the clerk
of the | ||||||
21 | circuit court. This amount, less
2 1/2% that shall be used to | ||||||
22 | defray administrative costs incurred by the clerk,
shall be | ||||||
23 | remitted by the clerk to the Treasurer within 60 days after | ||||||
24 | receipt
for deposit into the Spinal Cord Injury Paralysis Cure | ||||||
25 | Research Trust Fund.
This additional fee of $5 shall not
be | ||||||
26 | considered a part of the fine for purposes of any reduction in |
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1 | the fine for
time served either before or after sentencing. 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 subsection during the preceding calendar
year.
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5 | (c) In addition to any other fines and court costs assessed | ||||||
6 | by the courts,
any person convicted for a violation of Sections | ||||||
7 | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or a | ||||||
8 | person sentenced for a violation of the Cannabis
Control Act, | ||||||
9 | the Illinois Controlled Substances Act, or the Methamphetamine | ||||||
10 | Control and Community Protection Act
shall pay an additional | ||||||
11 | fee of $100 to the clerk
of the circuit court. This amount, | ||||||
12 | less
2 1/2% that shall be used to defray administrative costs | ||||||
13 | incurred by the clerk,
shall be remitted by the clerk to the | ||||||
14 | Treasurer within 60 days after receipt
for deposit into the | ||||||
15 | Trauma Center Fund. This additional fee of $100 shall not
be | ||||||
16 | considered a part of the fine for purposes of any reduction in | ||||||
17 | the fine for
time served either before or after sentencing. 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 subsection during the preceding calendar year.
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21 | (c-1) In addition to any other fines and court costs | ||||||
22 | assessed by the
courts, any person sentenced for a violation of | ||||||
23 | the Cannabis Control Act,
the Illinois Controlled Substances | ||||||
24 | Act, or the Methamphetamine Control and Community Protection | ||||||
25 | Act shall pay an additional fee of $5 to the
clerk of the | ||||||
26 | circuit court. This amount, less 2 1/2% that shall be used to
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1 | defray administrative costs incurred by the clerk, shall be | ||||||
2 | remitted by the
clerk to the Treasurer within 60 days after | ||||||
3 | receipt for deposit into the Spinal
Cord Injury Paralysis Cure | ||||||
4 | Research Trust Fund. This additional fee of $5
shall not be | ||||||
5 | considered a part of the fine for purposes of any reduction in | ||||||
6 | the
fine for time served either before or after sentencing. Not | ||||||
7 | later than March 1
of each year the Circuit Clerk shall submit | ||||||
8 | a report of the amount of funds
remitted to the State Treasurer | ||||||
9 | under this subsection during the preceding
calendar year.
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10 | (d) The following amounts must be remitted to the State | ||||||
11 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
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12 | (1) 50% of the amounts collected for felony offenses | ||||||
13 | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||||||
14 | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||||||
15 | Animals Act and Section 26-5 of the Criminal Code of
1961;
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16 | (2) 20% of the amounts collected for Class A and Class | ||||||
17 | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||||||
18 | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||||||
19 | for Animals Act and Section 26-5 of the Criminal
Code of | ||||||
20 | 1961; and
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21 | (3) 50% of the amounts collected for Class C | ||||||
22 | misdemeanors under Sections
4.01 and 7.1 of the Humane Care | ||||||
23 | for Animals Act and Section 26-5 of the
Criminal Code of | ||||||
24 | 1961.
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25 | (e) Any person who receives a disposition of court | ||||||
26 | supervision for a violation of the Illinois Vehicle Code or a |
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1 | similar provision of a local ordinance shall, in addition to | ||||||
2 | any other fines, fees, and court costs, pay an additional fee | ||||||
3 | of $29, to be disbursed as provided in Section 16-104c of the | ||||||
4 | Illinois Vehicle Code. In addition to the fee of $29, the | ||||||
5 | person shall also pay a fee of $6, if not waived by the court. | ||||||
6 | If this $6 fee is collected, $5.50 of the fee shall be | ||||||
7 | deposited into the Circuit Court Clerk Operation and | ||||||
8 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
9 | and 50 cents of the fee shall be deposited into the Prisoner | ||||||
10 | Review Board Vehicle and Equipment Fund in the State treasury.
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11 | (f) This Section does not apply to the additional child | ||||||
12 | pornography fines assessed and collected under Section | ||||||
13 | 5-9-1.14 of the Unified Code of Corrections.
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14 | (g) Any person convicted of or pleading guilty to a serious | ||||||
15 | traffic violation, as defined in Section 1-187.001 of the | ||||||
16 | Illinois Vehicle Code, shall pay an additional fee of $20, to | ||||||
17 | be disbursed as provided in Section 16-104d of that Code. This | ||||||
18 | subsection (g) becomes inoperative 7 years after the effective | ||||||
19 | date of Public Act 95-154. | ||||||
20 | (h) In all counties having a population of 3,000,000 or | ||||||
21 | more inhabitants, | ||||||
22 | (1) (h-1) A person who is found guilty of or pleads | ||||||
23 | guilty to violating subsection (a) of Section 11-501 of the | ||||||
24 | Illinois Vehicle Code, including any person placed on court | ||||||
25 | supervision for violating subsection (a), shall be fined | ||||||
26 | $500 as provided for by subsection (f) of Section 11-501.01 |
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1 | of the Illinois Vehicle Code, payable to the circuit clerk, | ||||||
2 | who shall distribute the money pursuant to subsection (f) | ||||||
3 | of Section 11-501.01 of the Illinois Vehicle Code. | ||||||
4 | (2) (h-2) When a crime laboratory DUI analysis fee of | ||||||
5 | $150, provided for by Section 5-9-1.9 of the Unified Code | ||||||
6 | of Corrections is assessed, it shall be disbursed by the | ||||||
7 | circuit clerk as provided by subsection (f) of Section | ||||||
8 | 5-9-1.9 of the Unified Code of Corrections. | ||||||
9 | (3) (h-3) When a fine for a violation of Section | ||||||
10 | 11-605.1 of the Illinois Vehicle Code is $250 or greater, | ||||||
11 | the person who violated that Section shall be charged an | ||||||
12 | additional $125 as provided for by subsection (e) of | ||||||
13 | Section 11-605.1 of the Illinois Vehicle Code, which shall | ||||||
14 | be disbursed by the circuit clerk to a State or county | ||||||
15 | Transportation Safety Highway Hire-back Fund as provided | ||||||
16 | by subsection (e) of Section 11-605.1 of the Illinois | ||||||
17 | Vehicle Code. | ||||||
18 | (4) (h-4) 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 | (5) (h-4.5) 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 | (6) (h-5) 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 | (7) (h-6) 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 | (8) (h-7) 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 | (9) (h-8) When a victim impact panel fee is assessed | ||||||
24 | pursuant to subsection (b) of Section 11-501.01 of the | ||||||
25 | Vehicle Code, it shall be disbursed by the circuit clerk to | ||||||
26 | the victim impact panel to be attended by the defendant. |
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1 | (10) (h-9) When a new fee collected in traffic cases is | ||||||
2 | enacted after the effective date of this subsection (h), it | ||||||
3 | shall be excluded from the percentage disbursement | ||||||
4 | provisions of this Section unless otherwise indicated by | ||||||
5 | law. | ||||||
6 | (i) (g)
Of the amounts collected as fines under subsection | ||||||
7 | (b) of Section 3-712 of the Illinois Vehicle Code, 99% shall be | ||||||
8 | deposited into the Illinois Military Family Relief Fund and 1% | ||||||
9 | shall be deposited into the Circuit Court Clerk Operation and | ||||||
10 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
11 | to be used to offset the costs incurred by the Circuit Court | ||||||
12 | Clerk in performing the additional duties required to collect | ||||||
13 | and disburse funds to entities of State and local government as | ||||||
14 | provided by law.
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15 | (j) (Blank). | ||||||
16 | (k) (h) For any conviction or disposition of court | ||||||
17 | supervision for a violation of Section 11-1429 of the Illinois | ||||||
18 | Vehicle Code, the circuit clerk shall distribute the fines paid | ||||||
19 | by the person as specified by subsection (h) of Section 11-1429 | ||||||
20 | of the Illinois Vehicle Code. | ||||||
21 | (l) (h) Any person who receives a disposition of court | ||||||
22 | supervision for a violation of Section 11-501 of the Illinois | ||||||
23 | Vehicle Code or a similar provision of a local ordinance shall, | ||||||
24 | in addition to any other fines, fees, and court costs, pay an | ||||||
25 | additional fee of $50, which shall
be collected by the circuit | ||||||
26 | clerk and then remitted to the State Treasurer for deposit into |
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1 | the Roadside Memorial Fund, a special fund in the State | ||||||
2 | treasury. However, the court may waive the fee if full | ||||||
3 | restitution is complied with. Subject to appropriation, all | ||||||
4 | moneys in the Roadside Memorial Fund shall be used by the | ||||||
5 | Department of Transportation to pay fees imposed under | ||||||
6 | subsection (f) of Section 20 of the Roadside Memorial Act. The | ||||||
7 | fee shall be remitted by the circuit clerk within one month | ||||||
8 | after receipt to the State Treasurer for deposit into the | ||||||
9 | Roadside Memorial Fund. | ||||||
10 | (Source: P.A. 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428, | ||||||
11 | eff. 8-24-07; 95-600, eff. 6-1-08; 95-876, eff. 8-21-08; | ||||||
12 | 96-576, eff. 8-18-09; 96-578, eff. 8-18-09; 96-625, eff. | ||||||
13 | 1-1-10; 96-667, eff. 8-25-09; 96-735, eff. 1-1-10; revised | ||||||
14 | 12-29-09.) | ||||||
15 | Section 97. Severability. The provisions of this Act are | ||||||
16 | severable under Section 1.31 of the Statute on Statutes.
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17 | Section 99. Effective date. This Act takes effect January | ||||||
18 | 1, 2011.
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