100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3733

 

Introduced , by Rep. Silvana Tabares

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-3A
720 ILCS 5/24-3B
730 ILCS 5/5-9-1  from Ch. 38, par. 1005-9-1

    Amends the Criminal Code of 2012 and the Unified Code of Corrections. Provides that in addition to any other penalties, the court shall impose a fee of $300 for gunrunning and firearms trafficking. Provides that the fee shall be deposited into the Traffic and Criminal Conviction Surcharge Fund to be used for grants by the Department of State Police to units of local government to purchase bulletproof vests for local police departments and to hire peace officers.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3733LRB100 11024 RLC 21263 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Sections 24-3A and 24-3B as follows:
 
6    (720 ILCS 5/24-3A)
7    Sec. 24-3A. Gunrunning.
8    (a) A person commits gunrunning when he or she transfers 3
9or more firearms in violation of any of the paragraphs of
10Section 24-3 of this Code.
11    (b) Sentence. A person who commits gunrunning:
12        (1) is guilty of a Class 1 felony;
13        (2) is guilty of a Class X felony for which the
14    sentence shall be a term of imprisonment of not less than 8
15    years and not more than 40 years if the transfer is of not
16    less than 11 firearms and not more than 20 firearms;
17        (3) is guilty of a Class X felony for which the
18    sentence shall be a term of imprisonment of not less than
19    10 years and not more than 50 years if the transfer is of
20    more than 20 firearms.
21A person who commits gunrunning by transferring firearms to a
22person who, at the time of the commission of the offense, is
23under 18 years of age is guilty of a Class X felony.

 

 

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1    (c) In addition to any other penalties, a person convicted
2of gunrunning shall pay a fee of $300 to the clerk. The fee
3shall be deposited into the Traffic and Criminal Conviction
4Surcharge Fund to be used for grants by the Department of State
5Police to units of local government to purchase bulletproof
6vests for local police departments and to hire peace officers.
7(Source: P.A. 93-906, eff. 8-11-04.)
 
8    (720 ILCS 5/24-3B)
9    Sec. 24-3B. Firearms trafficking.
10    (a) A person commits firearms trafficking when he or she
11has not been issued a currently valid Firearm Owner's
12Identification Card and knowingly:
13        (1) brings, or causes to be brought, into this State, a
14    firearm or firearm ammunition for the purpose of sale,
15    delivery, or transfer to any other person or with the
16    intent to sell, deliver, or transfer the firearm or firearm
17    ammunition to any other person; or
18        (2) brings, or causes to be brought, into this State, a
19    firearm and firearm ammunition for the purpose of sale,
20    delivery, or transfer to any other person or with the
21    intent to sell, deliver, or transfer the firearm and
22    firearm ammunition to any other person.
23    (a-5) This Section does not apply to:
24        (1) a person exempt under Section 2 of the Firearm
25    Owners Identification Card Act from the requirement of

 

 

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1    having possession of a Firearm Owner's Identification Card
2    previously issued in his or her name by the Department of
3    State Police in order to acquire or possess a firearm or
4    firearm ammunition;
5        (2) a common carrier under subsection (i) of Section
6    24-2 of this Code; or
7        (3) a non-resident who may lawfully possess a firearm
8    in his or her resident state.
9    (b) Sentence.
10        (1) Firearms trafficking is a Class 1 felony for which
11    the person, if sentenced to a term of imprisonment, shall
12    be sentenced to not less than 4 years and not more than 20
13    years.
14        (2) Firearms trafficking by a person who has been
15    previously convicted of firearms trafficking, gunrunning,
16    or a felony offense for the unlawful sale, delivery, or
17    transfer of a firearm or firearm ammunition in this State
18    or another jurisdiction is a Class X felony.
19    (c) In addition to any other penalties, a person convicted
20of firearm trafficking shall pay a fee of $300 to the clerk.
21The fee shall be deposited into the Traffic and Criminal
22Conviction Surcharge Fund to be used for grants by the
23Department of State Police to units of local government to
24purchase bulletproof vests for local police departments and to
25hire peace officers.
26(Source: P.A. 99-885, eff. 8-23-16.)
 

 

 

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1    Section 10. The Unified Code of Corrections is amended by
2adding Section 5-9-1 as follows:
 
3    (730 ILCS 5/5-9-1)  (from Ch. 38, par. 1005-9-1)
4    Sec. 5-9-1. Authorized fines; fees.
5    (a) An offender may be sentenced to pay a fine as provided
6in Article 4.5 of Chapter V.
7    (b) (Blank.)
8    (c) There shall be added to every fine imposed in
9sentencing for a criminal or traffic offense, except an offense
10relating to parking or registration, or offense by a
11pedestrian, an additional penalty of $15 for each $40, or
12fraction thereof, of fine imposed. The additional penalty of
13$15 for each $40, or fraction thereof, of fine imposed, if not
14otherwise assessed, shall also be added to every fine imposed
15upon a plea of guilty, stipulation of facts or findings of
16guilty, resulting in a judgment of conviction, or order of
17supervision in criminal, traffic, local ordinance, county
18ordinance, and conservation cases (except parking,
19registration, or pedestrian violations), or upon a sentence of
20probation without entry of judgment under Section 10 of the
21Cannabis Control Act, Section 410 of the Illinois Controlled
22Substances Act, or Section 70 of the Methamphetamine Control
23and Community Protection Act.
24    Such additional amounts shall be assessed by the court

 

 

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1imposing the fine and shall be collected by the Circuit Clerk
2in addition to the fine and costs in the case. Each such
3additional penalty shall be remitted by the Circuit Clerk
4within one month after receipt to the State Treasurer. The
5State Treasurer shall deposit $1 for each $40, or fraction
6thereof, of fine imposed into the LEADS Maintenance Fund. The
7State Treasurer shall deposit $3 for each $40, or fraction
8thereof, of fine imposed into the Law Enforcement Camera Grant
9Fund. The remaining surcharge amount shall be deposited into
10the Traffic and Criminal Conviction Surcharge Fund, unless the
11fine, costs or additional amounts are subject to disbursement
12by the circuit clerk under Section 27.5 of the Clerks of Courts
13Act. Such additional penalty shall not be considered a part of
14the fine for purposes of any reduction in the fine for time
15served either before or after sentencing. Not later than March
161 of each year the Circuit Clerk shall submit a report of the
17amount of funds remitted to the State Treasurer under this
18subsection (c) during the preceding calendar year. Except as
19otherwise provided by Supreme Court Rules, if a court in
20imposing a fine against an offender levies a gross amount for
21fine, costs, fees and penalties, the amount of the additional
22penalty provided for herein shall be computed on the amount
23remaining after deducting from the gross amount levied all fees
24of the Circuit Clerk, the State's Attorney and the Sheriff.
25After deducting from the gross amount levied the fees and
26additional penalty provided for herein, less any other

 

 

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1additional penalties provided by law, the clerk shall remit the
2net balance remaining to the entity authorized by law to
3receive the fine imposed in the case. For purposes of this
4Section "fees of the Circuit Clerk" shall include, if
5applicable, the fee provided for under Section 27.3a of the
6Clerks of Courts Act and the fee, if applicable, payable to the
7county in which the violation occurred pursuant to Section
85-1101 of the Counties Code.
9    (c-1) In addition to the fines imposed by subsection (c),
10any person convicted of gunrunning or firearms trafficking
11shall pay a fee of $300 to the clerk. Each fee shall be
12remitted by the clerk within one month after receipt to the
13State Treasurer. The State Treasurer shall deposit the fee into
14the Traffic and Criminal Conviction Surcharge Fund to be used
15by the Department of State Police as grants by the Department
16of State Police to units of local government to purchase
17bulletproof vests for local police departments and to hire
18peace officers.
19    (c-5) In addition to the fines imposed by subsection (c),
20any person convicted or receiving an order of supervision for
21driving under the influence of alcohol or drugs shall pay an
22additional $100 fee to the clerk. This additional fee, less 2
231/2% that shall be used to defray administrative costs incurred
24by the clerk, shall be remitted by the clerk to the Treasurer
25within 60 days after receipt for deposit into the Trauma Center
26Fund. This additional fee of $100 shall not be considered a

 

 

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1part of the fine for purposes of any reduction in the fine for
2time served either before or after sentencing. Not later than
3March 1 of each year the Circuit Clerk shall submit a report of
4the amount of funds remitted to the State Treasurer under this
5subsection (c-5) during the preceding calendar year.
6    The Circuit Clerk may accept payment of fines and costs by
7credit card from an offender who has been convicted of a
8traffic offense, petty offense or misdemeanor and may charge
9the service fee permitted where fines and costs are paid by
10credit card provided for in Section 27.3b of the Clerks of
11Courts Act.
12    (c-7) In addition to the fines imposed by subsection (c),
13any person convicted or receiving an order of supervision for
14driving under the influence of alcohol or drugs shall pay an
15additional $5 fee to the clerk. This additional fee, less 2
161/2% that shall be used to defray administrative costs incurred
17by the clerk, shall be remitted by the clerk to the Treasurer
18within 60 days after receipt for deposit into the Spinal Cord
19Injury Paralysis Cure Research Trust Fund. This additional fee
20of $5 shall not be considered a part of the fine for purposes
21of any reduction in the fine for time served either before or
22after sentencing. Not later than March 1 of each year the
23Circuit Clerk shall submit a report of the amount of funds
24remitted to the State Treasurer under this subsection (c-7)
25during the preceding calendar year.
26    (c-9) (Blank).

 

 

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1    (d) In determining the amount and method of payment of a
2fine, except for those fines established for violations of
3Chapter 15 of the Illinois Vehicle Code, the court shall
4consider:
5        (1) the financial resources and future ability of the
6    offender to pay the fine; and
7        (2) whether the fine will prevent the offender from
8    making court ordered restitution or reparation to the
9    victim of the offense; and
10        (3) in a case where the accused is a dissolved
11    corporation and the court has appointed counsel to
12    represent the corporation, the costs incurred either by the
13    county or the State for such representation.
14    (e) The court may order the fine to be paid forthwith or
15within a specified period of time or in installments.
16    (f) All fines, costs and additional amounts imposed under
17this Section for any violation of Chapters 3, 4, 6, and 11 of
18the Illinois Vehicle Code, or a similar provision of a local
19ordinance, and any violation of the Child Passenger Protection
20Act, or a similar provision of a local ordinance, shall be
21collected and disbursed by the circuit clerk as provided under
22Section 27.5 of the Clerks of Courts Act.
23(Source: P.A. 99-352, eff. 1-1-16.)