HB4594 EnrolledLRB100 17151 MRW 32305 b

1    AN ACT concerning fees, fines, and assessments.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4
Article 1. General Provisions

 
5    Section 1-1. Short title. This Act may be cited as the
6Criminal and Traffic Assessment Act.
 
7    Section 1-5. Definitions. In this Act:
8    "Assessment" means any costs imposed on a defendant under
9schedules 1 through 13 of this Act.
10    "Business offense" means a petty offense for which the fine
11is in excess of $1,000.
12    "Case" means all charges and counts filed against a single
13defendant which are being prosecuted as a single proceeding
14before the court.
15    "Count" means each separate offense charged in the same
16indictment, information, or complaint when the indictment,
17information, or complaint alleges the commission of more than
18one offense.
19    "Conservation offense" means any violation of the
20following Acts, Codes, or ordinances, except any offense
21punishable upon conviction by imprisonment in the
22penitentiary:

 

 

HB4594 Enrolled- 2 -LRB100 17151 MRW 32305 b

1        (1) Fish and Aquatic Life Code;
2        (2) Wildlife Code;
3        (3) Boat Registration and Safety Act;
4        (4) Park District Code;
5        (5) Chicago Park District Act;
6        (6) State Parks Act;
7        (7) State Forest Act;
8        (8) Forest Fire Protection District Act;
9        (9) Snowmobile Registration and Safety Act;
10        (10) Endangered Species Protection Act;
11        (11) Forest Products Transportation Act;
12        (12) Timber Buyers Licensing Act;
13        (13) Downstate Forest Preserve District Act;
14        (14) Exotic Weed Act;
15        (15) Ginseng Harvesting Act;
16        (16) Cave Protection Act;
17        (17) ordinances adopted under the Counties Code for the
18    acquisition of property for parks or recreational areas;
19        (18) Recreational Trails of Illinois Act;
20        (19) Herptiles-Herps Act; or
21        (20) any rule, regulation, proclamation, or ordinance
22    adopted under any Code or Act named in paragraphs (1)
23    through (19) of this definition.
24    "Conviction" means a judgment of conviction or sentence
25entered upon a plea of guilty or upon a verdict or finding of
26guilty of an offense, rendered by a legally constituted jury or

 

 

HB4594 Enrolled- 3 -LRB100 17151 MRW 32305 b

1by a court of competent jurisdiction authorized to try the case
2without a jury.
3    "Drug offense" means any violation of the Cannabis Control
4Act, the Illinois Controlled Substances Act, the
5Methamphetamine Control and Community Protection Act, or any
6similar local ordinance which involves the possession or
7delivery of a drug.
8    "Drug-related emergency response" means the act of
9collecting evidence from or securing a site where controlled
10substances were manufactured, or where by-products from the
11manufacture of controlled substances are present, and cleaning
12up the site, whether these actions are performed by public
13entities or private contractors paid by public entities.
14    "Electronic citation" means the process of transmitting
15traffic, misdemeanor, municipal ordinance, conservation, or
16other citations and law enforcement data via electronic means
17to a circuit court clerk.
18    "Emergency response" means any incident requiring a
19response by a police officer, an ambulance, a firefighter
20carried on the rolls of a regularly constituted fire department
21or fire protection district, a firefighter of a volunteer fire
22department, or a member of a recognized not-for-profit rescue
23or emergency medical service provider. "Emergency response"
24does not include a drug-related emergency response.
25    "Felony offense" means an offense for which a sentence to a
26term of imprisonment in a penitentiary for one year or more is

 

 

HB4594 Enrolled- 4 -LRB100 17151 MRW 32305 b

1provided.
2    "Fine" means a pecuniary punishment for a conviction as
3ordered by a court of law.
4    "Highest classified offense" means the offense in the case
5which carries the most severe potential disposition under
6Article 4.5 of the Unified Code of Corrections.
7    "Major traffic offense" means a traffic offense under the
8Illinois Vehicle Code or a similar provision of a local
9ordinance other than a petty offense or business offense.
10    "Minor traffic offense" means a petty offense or business
11offense under the Illinois Vehicle Code or a similar provision
12of a local ordinance.
13    "Misdemeanor offense" means any offense for which a
14sentence to a term of imprisonment in other than a penitentiary
15for less than one year may be imposed.
16    "Petty offense" means any offense for which a sentence of
17imprisonment is not an authorized disposition.
18    "Service provider costs" means costs incurred as a result
19of services provided by an entity including, but not limited
20to, traffic safety programs, laboratories, ambulance
21companies, and fire departments. "Service provider costs"
22includes conditional amounts under this Act that are
23reimbursements for services provided.
24    "Street value" means the amount determined by the court on
25the basis of testimony of law enforcement personnel and the
26defendant as to the amount of drug or materials seized and any

 

 

HB4594 Enrolled- 5 -LRB100 17151 MRW 32305 b

1testimony as may be required by the court as to the current
2street value of the cannabis, controlled substance,
3methamphetamine or salt of an optical isomer of
4methamphetamine, or methamphetamine manufacturing materials
5seized.
6    "Supervision" means a disposition of conditional and
7revocable release without probationary supervision, but under
8the conditions and reporting requirements as are imposed by the
9court, at the successful conclusion of which disposition the
10defendant is discharged and a judgment dismissing the charges
11is entered.
 
12
Article 5. Assessment Procedures

 
13    Section 5-5. Minimum fine. Unless otherwise specified by
14law, the minimum fine for a conviction or supervision
15disposition on a minor traffic offense is $25 and the minimum
16fine for a conviction, supervision disposition, or violation
17based upon a plea of guilty or finding of guilt for any other
18offense is $75. If the court finds that the fine would impose
19an undue burden on the victim, the court may reduce or waive
20the fine. In this Section, "victim" shall not be construed to
21include the defendant.
 
22    Section 5-10. Schedules; payment.
23    (a) In each case, the court shall order an assessment, as

 

 

HB4594 Enrolled- 6 -LRB100 17151 MRW 32305 b

1set forth in this Act, for a defendant to pay in addition to
2any fine, restitution, or forfeiture ordered by the court when
3the defendant is convicted of, pleads guilty to, or is placed
4on court supervision for a violation of a statute of this State
5or a similar local ordinance. The court may order a fine,
6restitution, or forfeiture on any violation that is being
7sentenced but shall order only one assessment from the Schedule
8of Assessments 1 through 13 of this Act for all sentenced
9violations in a case, that being the schedule applicable to the
10highest classified offense violation that is being sentenced,
11plus any conditional assessments under Section 15-70 of this
12Act applicable to any sentenced violation in the case.
13    (b) If the court finds that the schedule of assessments
14will cause an undue burden on any victim in a case or if the
15court orders community service or some other punishment in
16place of the applicable schedule of assessments, the court may
17reduce the amount set forth in the applicable schedule of
18assessments or not order the applicable schedule of
19assessments. If the court reduces the amount set forth in the
20applicable schedule of assessments, then all recipients of the
21funds collected will receive a prorated amount to reflect the
22reduction.
23    (c) The court may order the assessments to be paid
24forthwith or within a specified period of time or in
25installments.
26    (c-3) Excluding any ordered conditional assessment, if the

 

 

HB4594 Enrolled- 7 -LRB100 17151 MRW 32305 b

1assessment is not paid within the period of probation,
2conditional discharge, or supervision to which the defendant
3was originally sentenced, the court may extend the period of
4probation, conditional discharge, or supervision under Section
55-6-2 or 5-6-3.1 of the Unified Code of Corrections, as
6applicable, until the assessment is paid or until successful
7completion of public or community service set forth in
8subsection (b) of Section 5-20 of this Act or the successful
9completion of the substance abuse intervention or treatment
10program set forth in subsection (c-5) of this Section.
11    (c-5) Excluding any ordered conditional assessment, the
12court may suspend the collection of the assessment; provided,
13the defendant agrees to enter a substance abuse intervention or
14treatment program approved by the court; and further provided
15that the defendant agrees to pay for all or some portion of the
16costs associated with the intervention or treatment program. In
17this case, the collection of the assessment shall be suspended
18during the defendant's participation in the approved
19intervention or treatment program. Upon successful completion
20of the program, the defendant may apply to the court to reduce
21the assessment imposed under this Section by any amount
22actually paid by the defendant for his or her participation in
23the program. The court shall not reduce the assessment under
24this subsection unless the defendant establishes to the
25satisfaction of the court that he or she has successfully
26completed the intervention or treatment program. If the

 

 

HB4594 Enrolled- 8 -LRB100 17151 MRW 32305 b

1defendant's participation is for any reason terminated before
2his or her successful completion of the intervention or
3treatment program, collection of the entire assessment imposed
4under this Act shall be enforced. Nothing in this Section shall
5be deemed to affect or suspend any other fines, restitution
6costs, forfeitures, or assessments imposed under this or any
7other Act.
8    (d) Except as provided in Section 5-15 of this Act, the
9defendant shall pay to the clerk of the court and the clerk
10shall remit the assessment to the appropriate entity as set
11forth in the ordered schedule of assessments within one month
12of its receipt.
13    (e) Unless a court ordered payment schedule is implemented
14or the assessment requirements of this Act are waived under a
15court order, the clerk of the circuit court may add to any
16unpaid assessments under this Act a delinquency amount equal to
175% of the unpaid assessments that remain unpaid after 30 days,
1810% of the unpaid assessments that remain unpaid after 60 days,
19and 15% of the unpaid assessments that remain unpaid after 90
20days. Notice to those parties may be made by signage posting or
21publication. The additional delinquency amounts collected
22under this Section shall be used to defray additional
23administrative costs incurred by the clerk of the circuit court
24in collecting unpaid assessments.
 
25    Section 5-15. Service provider costs. Unless otherwise

 

 

HB4594 Enrolled- 9 -LRB100 17151 MRW 32305 b

1provided in Article 15 of this Act, the defendant shall pay
2service provider costs to the entity that provided the service.
3Service provider costs are not eligible for credit for time
4served, substitution of community service, or waiver. The
5circuit court may, through administrative order or local rule,
6appoint the clerk of the court as the receiver and remitter of
7certain service provider costs, which may include, but are not
8limited to, probation fees, traffic school fees, or drug or
9alcohol testing fees.
 
10    Section 5-20. Credit; time served; community service.
11    (a) Any credit for time served prior to sentencing that
12reduces the amount a defendant is required to pay shall be
13deducted first from the fine, if any, ordered by the court. Any
14remainder of the credit shall be equally divided between the
15assessments indicated in the ordered schedule and conditional
16assessments.
17    (b) Excluding any ordered conditional assessment, a
18defendant who has been ordered to pay an assessment may
19petition the court to convert all or part of the assessment
20into court-approved public or community service. One hour of
21public or community service shall be equivalent to $4 of
22assessment. The performance of this public or community service
23shall be a condition of probation, conditional discharge, or
24supervision and shall be in addition to the performance of any
25other period of public or community service ordered by the

 

 

HB4594 Enrolled- 10 -LRB100 17151 MRW 32305 b

1court or required by law.
 
2
Article 10. Funds

 
3    Section 10-5. Funds.
4    (a) All money collected by the Clerk of the Circuit Court
5under Article 15 of this Act shall be remitted as directed in
6Article 15 of this Act to the county treasurer, to the State
7Treasurer, and to the treasurers of the units of local
8government. If an amount payable to any of the treasurers is
9less than $10, the clerk may postpone remitting the money until
10$10 has accrued or by the end of fiscal year. The treasurers
11shall deposit the money as indicated in the schedules, except
12in a county with a population of over 3,000,000 monies remitted
13to the county treasurer shall be subject to appropriation by
14the county board. Any amount retained by the Clerk of the
15Circuit Court in a county with population of over 3,000,000
16shall be subject to appropriation by the county board.
17    (b) The county treasurer or the treasurer of the unit of
18local government may create the funds indicated in paragraphs
19(1) through (5), (9), and (16) of subsection (d) of this
20Section, if not already in existence. If a county or unit of
21local government has not instituted, and does not plan to
22institute a program that uses a particular fund, the treasurer
23need not create the fund and may instead deposit the money
24intended for the fund into the general fund of the county or

 

 

HB4594 Enrolled- 11 -LRB100 17151 MRW 32305 b

1unit of local government for use in financing the court system.
2    (c) If the arresting agency is a State agency, the
3arresting agency portion shall be remitted by the clerk of
4court to the State Treasurer who shall deposit the portion as
5follows:
6        (1) if the arresting agency is the Department of State
7    Police, into the State Police Law Enforcement
8    Administration Fund;
9        (2) if the arresting agency is the Department of
10    Natural Resources, into the Conservation Police Operations
11    Assistance Fund;
12        (3) if the arresting agency is the Secretary of State,
13    into the Secretary of State Police Services Fund; and
14        (4) if the arresting agency is the Illinois Commerce
15    Commission, into the Public Utility Fund.
16    (d) Fund descriptions and provisions:
17        (1) The Court Automation Fund is to defray the expense,
18    borne by the county, of establishing and maintaining
19    automated record keeping systems in the Office of the Clerk
20    of the Circuit Court. The money shall be remitted monthly
21    by the clerk to the county treasurer and identified as
22    funds for the Circuit Court Clerk. The fund shall be
23    audited by the county auditor, and the board shall make
24    expenditures from the fund in payment of any costs related
25    to the automation of court records including hardware,
26    software, research and development costs, and personnel

 

 

HB4594 Enrolled- 12 -LRB100 17151 MRW 32305 b

1    costs related to the foregoing, provided that the
2    expenditure is approved by the clerk of the court and by
3    the chief judge of the circuit court or his or her
4    designee.
5        (2) The Document Storage Fund is to defray the expense,
6    borne by the county, of establishing and maintaining a
7    document storage system and converting the records of the
8    circuit court clerk to electronic or micrographic storage.
9    The money shall be remitted monthly by the clerk to the
10    county treasurer and identified as funds for the circuit
11    court clerk. The fund shall be audited by the county
12    auditor, and the board shall make expenditure from the fund
13    in payment of any cost related to the storage of court
14    records, including hardware, software, research and
15    development costs, and personnel costs related to the
16    foregoing, provided that the expenditure is approved by the
17    clerk of the court.
18        (3) The Circuit Clerk Operations and Administration
19    Fund is to defray the expenses incurred for collection and
20    disbursement of the various assessment schedules. The
21    money shall be remitted monthly by the clerk to the county
22    treasurer and identified as funds for the circuit court
23    clerk.
24        (4) The State's Attorney Records Automation Fund is to
25    defray the expense of establishing and maintaining
26    automated record keeping systems in the offices of the

 

 

HB4594 Enrolled- 13 -LRB100 17151 MRW 32305 b

1    State's Attorney. The money shall be remitted monthly by
2    the clerk to the county treasurer for deposit into the
3    State's Attorney Records Automation Fund. Expenditures
4    from this fund may be made by the State's Attorney for
5    hardware, software, and research and development related
6    to automated record keeping systems.
7        (5) The Public Defender Records Automation Fund is to
8    defray the expense of establishing and maintaining
9    automated record keeping systems in the offices of the
10    Public Defender. The money shall be remitted monthly by the
11    clerk to the county treasurer for deposit into the Public
12    Defender Records Automation Fund. Expenditures from this
13    fund may be made by the Public Defender for hardware,
14    software, and research and development related to
15    automated record keeping systems.
16        (6) The DUI Fund shall be used for enforcement and
17    prevention of driving while under the influence of alcohol,
18    other drug or drugs, intoxicating compound or compounds or
19    any combination thereof, as defined by Section 11-501 of
20    the Illinois Vehicle Code, including, but not limited to,
21    the purchase of law enforcement equipment and commodities
22    that will assist in the prevention of alcohol-related
23    criminal violence throughout the State; police officer
24    training and education in areas related to alcohol related
25    crime, including, but not limited to, DUI training; and
26    police officer salaries, including, but not limited to,

 

 

HB4594 Enrolled- 14 -LRB100 17151 MRW 32305 b

1    salaries for hire back funding for safety checkpoints,
2    saturation patrols, and liquor store sting operations. Any
3    moneys received by the Department of State Police shall be
4    deposited into the State Police Operations Assistance Fund
5    and those moneys and moneys in the State Police DUI Fund
6    shall be used to purchase law enforcement equipment that
7    will assist in the prevention of alcohol related criminal
8    violence throughout the State. The money shall be remitted
9    monthly by the clerk to the State or local treasurer for
10    deposit as provided by law.
11        (7) The Trauma Center Fund shall be distributed as
12    provided under Section 3.225 of the Emergency Medical
13    Services (EMS) Systems Act.
14        (8) The Probation and Court Services Fund is to be
15    expended as described in Section 15.1 of the Probation and
16    Probation Officers Act.
17        (9) The Circuit Court Clerk Electronic Citation Fund
18    shall have the Circuit Court Clerk as the custodian, ex
19    officio, of the Fund and shall be used to perform the
20    duties required by the office for establishing and
21    maintaining electronic citations. The Fund shall be
22    audited by the county's auditor.
23        (10) The Drug Treatment Fund is a special fund in the
24    State treasury. Moneys in the Fund shall be expended as
25    provided in Section 411.2 of the Illinois Controlled
26    Substances Act.

 

 

HB4594 Enrolled- 15 -LRB100 17151 MRW 32305 b

1        (11) The Violent Crime Victims Assistance Fund is a
2    special fund in the State treasury to provide moneys for
3    the grants to be awarded under the Violent Crime Victims
4    Assistance Act.
5        (12) The Criminal Justice Information Projects Fund
6    shall be appropriated to and administered by the Illinois
7    Criminal Justice Information Authority for distribution to
8    fund Department of State Police drug task forces and
9    Metropolitan Enforcement Groups, for the costs associated
10    with making grants from the Prescription Pill and Drug
11    Disposal Fund, for undertaking criminal justice
12    information projects, and for the operating and other
13    expenses of the Authority incidental to those criminal
14    justice information projects. The moneys deposited into
15    the Criminal Justice Information Projects Fund under
16    Sections 15-15 and 15-35 of this Act shall be appropriated
17    to and administered by the Illinois Criminal Justice
18    Information Authority for distribution to fund Department
19    of State Police drug task forces and Metropolitan
20    Enforcement Groups by dividing the funds equally by the
21    total number of Department of State Police drug task forces
22    and Illinois Metropolitan Enforcement Groups.
23        (13) The Sexual Assault Services Fund shall be
24    appropriated to the Department of Public Health. Upon
25    appropriation of moneys from the Sexual Assault Services
26    Fund, the Department of Public Health shall make grants of

 

 

HB4594 Enrolled- 16 -LRB100 17151 MRW 32305 b

1    these moneys to sexual assault organizations with whom the
2    Department has contracts for the purpose of providing
3    community-based services to victims of sexual assault.
4    Grants are in addition to, and are not substitutes for,
5    other grants authorized and made by the Department.
6        (14) The County Jail Medical Costs Fund is to help
7    defray the costs outlined in Section 17 of the County Jail
8    Act. Moneys in the Fund shall be used solely for
9    reimbursement to the county of costs for medical expenses
10    and administration of the Fund.
11        (15) The Prisoner Review Board Vehicle and Equipment
12    Fund is a special fund in the State treasury. The Prisoner
13    Review Board shall, subject to appropriation by the General
14    Assembly and approval by the Secretary, use all moneys in
15    the Prisoner Review Board Vehicle and Equipment Fund for
16    the purchase and operation of vehicles and equipment.
17        (16) In each county in which a Children's Advocacy
18    Center provides services, a Child Advocacy Center Fund,
19    specifically for the operation and administration of the
20    Children's Advocacy Center, from which the county board
21    shall make grants to support the activities and services of
22    the Children's Advocacy Center within that county.
 
23
Article 15. Assessment Schedules

 
24    Section 15-5. SCHEDULE 1; generic felony offenses.

 

 

HB4594 Enrolled- 17 -LRB100 17151 MRW 32305 b

1SCHEDULE 1: Unless assessments are imposed by the court under
2another schedule of this Act, for a felony offense, the Clerk
3of the Circuit Court shall collect $549 and remit as follows:
4    (1) As the county's portion, $354 to the county treasurer,
5who shall deposit the money as follows:
6        (A) $20 into the Court Automation Fund;
7        (B) $20 into the Court Document Storage Fund;
8        (C) $5 into the Circuit Court Clerk Operation and
9    Administrative Fund;
10        (D) $255 into the county's General Fund;
11        (E) $10 into the Child Advocacy Center Fund;
12        (F) $2 into the State's Attorney Records Automation
13    Fund;
14        (G) $2 into the Public Defender Records Automation
15    Fund;
16        (H) $20 into the County Jail Medical Costs Fund; and
17        (I) $20 into the Probation and Court Services Fund.
18    (2) As the State's portion, $195 to the State Treasurer,
19who shall deposit the money as follows:
20        (A) $50 into the State Police Operations Assistance
21    Fund;
22        (B) $100 into the Violent Crime Victims Assistance
23    Fund;
24        (C) $10 into the State Police Merit Board Public Safety
25    Fund; and
26        (D) $35 into the Traffic and Criminal Conviction

 

 

HB4594 Enrolled- 18 -LRB100 17151 MRW 32305 b

1    Surcharge Fund.
 
2    Section 15-10. SCHEDULE 2; felony DUI offenses. SCHEDULE 2:
3For a felony under Section 11-501 of the Illinois Vehicle Code,
4Section 5-7 of the Snowmobile Registration and Safety Act,
5Section 5-16 of the Boat Registration and Safety Act, or a
6similar provision of a local ordinance, the Clerk of the
7Circuit Court shall collect $1,709 and remit as follows:
8    (1) As the county's portion, $399 to the county treasurer,
9who shall deposit the money as follows:
10        (A) $20 into the Court Automation Fund;
11        (B) $20 into the Court Document Storage Fund;
12        (C) $5 into the Circuit Court Clerk Operation and
13    Administrative Fund;
14        (D) $300 into the county's General Fund;
15        (E) $10 into the Child Advocacy Center Fund;
16        (F) $2 into the State's Attorney Records Automation
17    Fund;
18        (G) $2 into the Public Defender Records Automation
19    Fund;
20        (H) $20 into the County Jail Medical Costs Fund; and
21        (I) $20 into the Probation and Court Services Fund.
22    (2) As the State's portion, $1,110 to the State Treasurer,
23who shall deposit the money as follows:
24        (A) $730 into the State Police Operations Assistance
25    Fund;

 

 

HB4594 Enrolled- 19 -LRB100 17151 MRW 32305 b

1        (B) $5 into the Drivers Education Fund;
2        (C) $100 into the Trauma Center Fund;
3        (D) $5 into the Spinal Cord Injury Paralysis Cure
4    Research Trust Fund;
5        (E) $5 into the State Police Merit Board Public Safety
6    Fund;
7        (F) $160 into the Traffic and Criminal Conviction
8    Surcharge Fund;
9        (G) $5 into the Law Enforcement Camera Grant Fund; and
10        (H) $100 into the Violent Crime Victims Assistance
11    Fund.
12    (3) As the arresting agency's portion, $200 to the
13treasurer of the unit of local government of the arresting
14agency, who shall deposit the money into the DUI Fund of that
15unit of local government or as provided in subsection (c) of
16Section 10-5 of this Act if the arresting agency is a State
17agency, unless more than one agency is responsible for the
18arrest in which case the amount shall be remitted to each unit
19of government equally.
 
20    Section 15-15. SCHEDULE 3; felony drug offenses. SCHEDULE
213: For a felony under the Illinois Controlled Substances Act,
22the Cannabis Control Act, or the Methamphetamine Control and
23Community Protection Act, the Clerk of the Circuit Court shall
24collect $2,215 and remit as follows:
25    (1) As the county's portion, $354 to the county treasurer,

 

 

HB4594 Enrolled- 20 -LRB100 17151 MRW 32305 b

1who shall deposit the money as follows:
2        (A) $20 into the Court Automation Fund;
3        (B) $20 into the Court Document Storage Fund;
4        (C) $5 into the Circuit Court Clerk Operation and
5    Administrative Fund;
6        (D) $255 into the county's General Fund;
7        (E) $10 into the Child Advocacy Center Fund;
8        (F) $2 into the State's Attorney Records Automation
9    Fund;
10        (G) $2 into the Public Defender Records Automation
11    Fund;
12        (H) $20 into the County Jail Medical Costs Fund; and
13        (I) $20 into the Probation and Court Services Fund.
14    (2) As the State's portion, $1,861 to the State Treasurer,
15who shall deposit the money as follows:
16        (A) $50 into the State Police Operations Assistance
17    Fund;
18        (B) $100 into the Violent Crime Victims Assistance
19    Fund;
20        (C) $100 into the Trauma Center Fund; and
21        (D) $5 into the Spinal Cord Injury Paralysis Cure
22    Research Trust Fund;
23        (E) $1,500 into the Drug Treatment Fund;
24        (F) $5 into the State Police Merit Board Public Safety
25    Fund;
26        (G) $38 into the Prescription Pill and Drug Disposal

 

 

HB4594 Enrolled- 21 -LRB100 17151 MRW 32305 b

1    Fund;
2        (H) $28 into the Criminal Justice Information Projects
3    Fund; and
4        (I) $35 into the Traffic and Criminal Conviction
5    Surcharge Fund.
 
6    Section 15-20. SCHEDULE 4; felony sex offenses. SCHEDULE 4:
7For a felony or attempted felony under Article 11 or Section
812-33 of the Criminal Code of 2012, the Clerk of the Circuit
9Court shall collect $1,314 and remit as follows:
10    (1) As the county's portion, $354 to the county treasurer,
11who shall deposit the money as follows:
12        (A) $20 into the Court Automation Fund;
13        (B) $20 into the Court Document Storage Fund;
14        (C) $5 into the Circuit Court Clerk Operation and
15    Administrative Fund;
16        (D) $255 into the county's General Fund;
17        (E) $10 into the Child Advocacy Center Fund;
18        (F) $2 into the State's Attorney Records Automation
19    Fund;
20        (G) $2 into the Public Defender Records Automation
21    Fund;
22        (H) $20 into the County Jail Medical Costs Fund; and
23        (I) $20 into the Probation and Court Services Fund.
24    (2) As the State's portion, $960 to the State Treasurer,
25who shall deposit the money as follows:

 

 

HB4594 Enrolled- 22 -LRB100 17151 MRW 32305 b

1        (A) $520 into the State Police Operations Assistance
2    Fund;
3        (B) $100 into the Violent Crime Victims Assistance
4    Fund;
5        (C) $200 into the Sexual Assault Services Fund;
6        (D) $100 into the Domestic Violence Shelter and
7    Services Fund;
8        (E) $5 into the State Police Merit Board Public Safety
9    Fund; and
10        (F) $35 into the Traffic and Criminal Conviction
11    Surcharge Fund.
 
12    Section 15-25. SCHEDULE 5; generic misdemeanor offenses.
13SCHEDULE 5: Unless assessments are imposed under another
14schedule of this Act, for a misdemeanor offense, the Clerk of
15the Circuit Court shall collect $439 and remit as follows:
16    (1) As the county's portion, $282 to the county treasurer,
17who shall deposit the money as follows:
18        (A) $20 into the Court Automation Fund;
19        (B) $20 into the Court Document Storage Fund;
20        (C) $5 into the Circuit Court Clerk Operation and
21    Administrative Fund;
22        (D) $8 into the Circuit Court Clerk Electronic Citation
23    Fund;
24        (E) $185 into the county's General Fund;
25        (F) $10 into the Child Advocacy Center Fund;

 

 

HB4594 Enrolled- 23 -LRB100 17151 MRW 32305 b

1        (G) $2 into the State's Attorney Records Automation
2    Fund;
3        (H) $2 into the Public Defender Records Automation
4    Fund;
5        (I) $10 into the County Jail Medical Costs Fund; and
6        (J) $20 into the Probation and Court Services Fund.
7    (2) As the State's portion, $155 to the State Treasurer,
8who shall deposit the money as follows:
9        (A) $50 into the State Police Operations Assistance
10    Fund;
11        (B) $10 into the State Police Merit Board Public Safety
12    Fund;
13        (C) $75 into the Violent Crime Victims Assistance Fund;
14    and
15        (D) $20 into the Traffic and Criminal Conviction
16    Surcharge Fund.
17    (3) As the arresting agency's portion, $2, to the treasurer
18of the unit of local government of the arresting agency, who
19shall deposit the money into the E-citation Fund of that unit
20of local government or as provided in subsection (c) of Section
2110-5 of this Act if the arresting agency is a State agency,
22unless more than one agency is responsible for the arrest in
23which case the amount shall be remitted to each unit of
24government equally.
 
25    Section 15-30. SCHEDULE 6; misdemeanor DUI offenses.

 

 

HB4594 Enrolled- 24 -LRB100 17151 MRW 32305 b

1SCHEDULE 6: For a misdemeanor under Section 11-501 of the
2Illinois Vehicle Code, Section 5-7 of the Snowmobile
3Registration and Safety Act, Section 5-16 of the Boat
4Registration and Safety Act, or a similar provision of a local
5ordinance, the Clerk of the Circuit Court shall collect $1,381
6and remit as follows:
7    (1) As the county's portion, $322 to the county treasurer,
8who shall deposit the money as follows:
9        (A) $20 into the Court Automation Fund;
10        (B) $20 into the Court Document Storage Fund;
11        (C) $5 into the Circuit Court Clerk Operation and
12    Administrative Fund;
13        (D) $8 into the Circuit Court Clerk Electronic Citation
14    Fund;
15        (E) $225 into the county's General Fund;
16        (F) $10 into the Child Advocacy Center Fund;
17        (G) $2 into the State's Attorney Records Automation
18    Fund;
19        (H) $2 into the Public Defenders Records Automation
20    Fund;
21        (I) $10 into the County Jail Medical Costs Fund; and
22        (J) $20 into the Probation and Court Services Fund.
23    (2) As the State's portion, $707 to the State Treasurer,
24who shall deposit the money as follows:
25        (A) $330 into the State Police Operations Assistance
26    Fund;

 

 

HB4594 Enrolled- 25 -LRB100 17151 MRW 32305 b

1        (B) $5 into the Drivers Education Fund;
2        (C) $5 into the State Police Merit Board Public Safety
3    Fund;
4        (D) $100 into the Trauma Center Fund;
5        (E) $5 into the Spinal Cord Injury Paralysis Cure
6    Research Trust Fund;
7        (F) $22 into the Fire Prevention Fund;
8        (G) $160 into the Traffic and Criminal Conviction
9    Surcharge Fund;
10        (H) $5 into the Law Enforcement Camera Grant Fund; and
11        (I) $75 into the Violent Crime Victims Assistance Fund.
12    (3) As the arresting agency's portion, $352 as follows,
13unless more than one agency is responsible for the arrest in
14which case the amount shall be remitted to each unit of
15government equally:
16        (A) if the arresting agency is a local agency to the
17    treasurer of the unit of local government of the arresting
18    agency, who shall deposit the money as follows:
19            (i) $2 into the E-citation Fund of the unit of
20        local government; and
21            (ii) $350 into the DUI Fund of the unit of local
22        government; or
23        (B) as provided in subsection (c) of Section 10-5 of
24    this Act if the arresting agency is a State agency.
 
25    Section 15-35. SCHEDULE 7; misdemeanor drug offenses.

 

 

HB4594 Enrolled- 26 -LRB100 17151 MRW 32305 b

1SCHEDULE 7: For a misdemeanor under the Illinois Controlled
2Substances Act, the Cannabis Control Act, or the
3Methamphetamine Control and Community Protection Act, the
4Clerk of the Circuit Court shall collect $905 and remit as
5follows:
6    (1) As the county's portion, $282 to the county treasurer,
7who shall deposit the money as follows:
8        (A) $20 into the Court Automation Fund;
9        (B) $20 into the Court Document Storage Fund;
10        (C) $5 into the Circuit Court Clerk Operation and
11    Administrative Fund;
12        (D) $8 into the Circuit Court Clerk Electronic Citation
13    Fund;
14        (E) $185 into the county's General Fund;
15        (F) $10 into the Child Advocacy Center Fund;
16        (G) $2 into the State's Attorney Records Automation
17    Fund;
18        (H) $2 into the Public Defenders Records Automation
19    Fund;
20        (I) $10 into the County Jail Medical Costs Fund; and
21        (J) $20 into the Probation and Court Services Fund.
22    (2) As the State's portion, $621 to the State Treasurer,
23who shall deposit the money as follows:
24        (A) $50 into the State Police Operations Assistance
25    Fund;
26        (B) $75 into the Violent Crime Victims Assistance Fund;

 

 

HB4594 Enrolled- 27 -LRB100 17151 MRW 32305 b

1        (C) $100 into the Trauma Center Fund;
2        (D) $5 into the Spinal Cord Injury Paralysis Cure
3    Research Trust Fund;
4        (E) $300 into the Drug Treatment Fund;
5        (F) $38 into the Prescription Pill and Drug Disposal
6    Fund;
7        (G) $28 into the Criminal Justice Information Projects
8    Fund;
9        (H) $5 into the State Police Merit Board Public Safety
10    Fund; and
11        (I) $20 into the Traffic and Criminal Conviction
12    Surcharge Fund.
13    (3) As the arresting agency's portion, $2, to the treasurer
14of the unit of local government of the arresting agency, who
15shall deposit the money into the E-citation Fund of that unit
16of local government or as provided in subsection (c) of Section
1710-5 of this Act if the arresting agency is a State agency,
18unless more than one agency is responsible for the arrest in
19which case the amount shall be remitted to each unit of
20government equally.
 
21    Section 15-40. SCHEDULE 8; misdemeanor sex offenses.
22SCHEDULE 8: For a misdemeanor or attempted misdemeanor under
23Article 11 of the Criminal Code of 2012, the Clerk of the
24Circuit Court shall collect $1,184 and remit as follows:
25    (1) As the county's portion, $282 to the county treasurer,

 

 

HB4594 Enrolled- 28 -LRB100 17151 MRW 32305 b

1who shall deposit the money as follows:
2        (A) $20 into the Court Automation Fund;
3        (B) $20 into the Court Document Storage Fund;
4        (C) $5 into the Circuit Court Clerk Operation and
5    Administrative Fund;
6        (D) $8 into the Circuit Court Clerk Electronic Citation
7    Fund;
8        (E) $185 into the county's General Fund;
9        (F) $10 into the Child Advocacy Center Fund;
10        (G) $2 into the State's Attorney Records Automation
11    Fund;
12        (H) $2 into the Public Defenders Records Automation
13    Fund;
14        (I) $10 into the County Jail Medical Costs Fund; and
15        (J) $20 into the Probation and Court Services Fund.
16    (2) As the State's portion, $900 to the State Treasurer,
17who shall deposit the money as follows:
18        (A) $500 into the State Police Operations Assistance
19    Fund;
20        (B) $75 into the Violent Crime Victims Assistance Fund;
21        (C) $200 into the Sexual Assault Services Fund;
22        (D) $100 into the Domestic Violence Shelter and Service
23    Fund;
24        (E) $5 into the State Police Merit Board Public Safety
25    Fund; and
26        (F) $20 into the Traffic and Criminal Conviction

 

 

HB4594 Enrolled- 29 -LRB100 17151 MRW 32305 b

1    Surcharge Fund.
2    (3) As the arresting agency's portion, $2, to the treasurer
3of the unit of local government of the arresting agency, who
4shall deposit the money into the E-citation Fund of that unit
5of local government or as provided in subsection (c) of Section
610-5 of this Act if the arresting agency is a State agency,
7unless more than one agency is responsible for the arrest in
8which case the amount shall be remitted to each unit of
9government equally.
 
10    Section 15-45. SCHEDULE 9; major traffic offenses.
11SCHEDULE 9: For a major traffic offense, the Clerk of the
12Circuit Court shall collect $325 plus, if applicable, the
13amount established under paragraph (1.5) of this Section and
14remit as follows:
15    (1) As the county's portion, $203 to the county treasurer,
16who shall deposit the money as follows:
17        (A) $20 into the Court Automation Fund;
18        (B) $20 into the Court Document Storage Fund;
19        (C) $5 into the Circuit Court Clerk Operation and
20    Administrative Fund;
21        (D) $8 into the Circuit Court Clerk Electronic Citation
22    Fund; and
23        (E) $150 into the county's General Fund.
24    (1.5) In a county with a population of 3,000,000 or more,
25the county board may by ordinance or resolution establish an

 

 

HB4594 Enrolled- 30 -LRB100 17151 MRW 32305 b

1additional assessment not to exceed $37 to be remitted to the
2county treasurer of which $5 shall be deposited into the Court
3Automation Fund, $5 shall be deposited into the Court Document
4Storage Fund, $2 shall be deposited into the State's Attorneys
5Records Automation Fund, $2 shall be deposited into the Public
6Defenders Records Automation Fund, $10 shall be deposited into
7the Probation and Court Services Fund, and the remainder shall
8be used for purposes related to the operation of the court
9system.
10    (2) As the State's portion, $97 to the State Treasurer, who
11shall deposit the money as follows:
12        (A) $20 into the State Police Operations Assistance
13    Fund;
14        (B) $5 into the Drivers Education Fund;
15        (C) $5 into the State Police Merit Board Public Safety
16    Fund;
17        (D) $22 into the Fire Prevention Fund;
18        (E) $40 into the Traffic and Criminal Conviction
19    Surcharge Fund; and
20        (F) $5 into the Violent Crime Victims Assistance Fund.
21    (3) As the arresting agency's portion, $25, to the
22treasurer of the unit of local government of the arresting
23agency, who shall deposit the money as follows:
24        (A) $2 into the E-citation Fund of that unit of local
25    government or as provided in subsection (c) of Section 10-5
26    of this Act if the arresting agency is a State agency,

 

 

HB4594 Enrolled- 31 -LRB100 17151 MRW 32305 b

1    unless more than one agency is responsible for the arrest
2    in which case the amount shall be remitted to each unit of
3    government equally.
4        (B) $23 into the General Fund of that unit of local
5    government or as provided in subsection (c) of Section 10-5
6    of this Act if the arresting agency is a State agency,
7    unless more than one agency is responsible for the arrest
8    in which case the amount shall be remitted to each unit of
9    government equally.
 
10    Section 15-50. SCHEDULE 10; minor traffic offenses.
11SCHEDULE 10: For a minor traffic offense, the Clerk of the
12Circuit Court shall collect $226 plus, if applicable, the
13amount established under paragraph (1.5) of this Section and
14remit as follows:
15    (1) As the county's portion, $168 to the county treasurer,
16who shall deposit the money as follows:
17        (A) $20 into the Court Automation Fund;
18        (B) $20 into the Court Document Storage Fund;
19        (C) $5 into the Circuit Court Clerk Operation and
20    Administrative Fund;
21        (D) $8 into the Circuit Court Clerk Electronic Citation
22    Fund; and
23        (E) $115 into the county's General Fund.
24    (1.5) In a county with a population of 3,000,000 or more,
25the county board may by ordinance or resolution establish an

 

 

HB4594 Enrolled- 32 -LRB100 17151 MRW 32305 b

1additional assessment not to exceed $28 to be remitted to the
2county treasurer of which $5 shall be deposited into the Court
3Automation Fund, $5 shall be deposited into the Court Document
4Storage Fund, $2 shall be deposited into the State's Attorneys
5Records Automation Fund, $2 shall be deposited into the Public
6Defenders Records Automation Fund, $10 shall be deposited into
7the Probation and Court Services Fund, and the remainder shall
8be used for purposes related to the operation of the court
9system.
10    (2) As the State's portion, $46 to the State Treasurer, who
11shall deposit the money as follows:
12        (A) $10 into the State Police Operations Assistance
13    Fund;
14        (B) $5 into the State Police Merit Board Public Safety
15    Fund;
16        (C) $4 into the Drivers Education Fund;
17        (D) $20 into the Traffic and Criminal Conviction
18    Surcharge Fund;
19        (E) $4 into the Law Enforcement Camera Grant Fund; and
20        (F) $3 into the Violent Crime Victims Assistance Fund.
21    (3) As the arresting agency's portion, $12, to the
22treasurer of the unit of local government of the arresting
23agency, who shall deposit the money as follows:
24        (A) $2 into the E-citation Fund of that unit of local
25    government or as provided in subsection (c) of Section 10-5
26    of this Act if the arresting agency is a State agency,

 

 

HB4594 Enrolled- 33 -LRB100 17151 MRW 32305 b

1    unless more than one agency is responsible for the arrest
2    in which case the amount shall be remitted to each unit of
3    government equally.
4        (B) $10 into the General Fund of that unit of local
5    government or as provided in subsection (c) of Section 10-5
6    of this Act if the arresting agency is a State agency,
7    unless more than one agency is responsible for the arrest
8    in which case the amount shall be remitted to each unit of
9    government equally.
 
10    Section 15-52. SCHEDULE 10.5; truck weight and load
11offenses.
12SCHEDULE 10.5: For an offense under paragraph (1), (2), or (3)
13of subsection (d) of Section 3-401 or Section 15-111 of the
14Illinois Vehicle Code, the Clerk of the Circuit Court shall
15collect $260 and remit as follows:
16    (1) As the county's portion, $168 to the county treasurer,
17who shall deposit the money as follows:
18        (A) $20 into the Court Automation Fund;
19        (B) $20 into the Court Document Storage Fund;
20        (C) $5 into the Circuit Court Clerk Operation and
21    Administrative Fund;
22        (D) $8 into the Circuit Court Clerk Electronic Citation
23    Fund; and
24        (E) $115 into the county's General Fund.
25    (2) As the State's portion, $92 to the State Treasurer, who

 

 

HB4594 Enrolled- 34 -LRB100 17151 MRW 32305 b

1shall deposit the money as follows:
2        (A) $31 into the State Police Merit Board Public Safety
3    Fund, regardless of the type of overweight citation or
4    arresting law enforcement agency;
5        (B) $31 into the Traffic and Criminal Conviction
6    Surcharge Fund; and
7        (C) $30 to the State Police Operations Assistance Fund.
 
8    Section 15-55. SCHEDULE 11; conservation offenses.
9SCHEDULE 11: For a conservation offense, the Clerk of the
10Circuit Court shall collect $195 and remit as follows:
11    (1) As the county's portion, $168, to the county treasurer,
12who shall deposit the money as follows:
13        (A) $20 into the Court Automation Fund;
14        (B) $20 into the Court Document Storage Fund;
15        (C) $5 into the Circuit Court Clerk Operation and
16    Administrative Fund;
17        (D) $8 into the Circuit Court Clerk Electronic Citation
18    Fund; and
19        (E) $115 into the county's General Fund.
20    (2) As the State's portion, $25, to the State Treasurer,
21who shall deposit the money into the Conservation Police
22Operations Assistance Fund.
23    (3) As the arresting agency's portion, $2, to the treasurer
24of the unit of local government of the arresting agency, who
25shall deposit the money into the E-citation Fund of that unit

 

 

HB4594 Enrolled- 35 -LRB100 17151 MRW 32305 b

1of local government or as provided in subsection (c) of Section
210-5 of this Act if the arresting agency is a State agency,
3unless more than one agency is responsible for the arrest in
4which case the amount shall be remitted to each unit of
5government equally.
 
6    Section 15-60. SCHEDULE 12; dispositions under Supreme
7Court Rule 529. SCHEDULE 12: For a disposition under Supreme
8Court Rule 529, the Clerk of the Circuit Court shall collect
9$164 and remit as follows:
10    (1) As the county's portion, $100, to the county treasurer,
11who shall deposit the money as follows:
12        (A) $20 into the Court Automation Fund;
13        (B) $20 into the Court Document Storage Fund;
14        (C) $5 into the Circuit Court Clerk Operation and
15    Administrative Fund;
16        (D) $8 into the Circuit Court Clerk Electronic Citation
17    Fund; and
18        (E) $47 into the county's General Fund.
19    (2) As the State's portion, $14 to the State Treasurer, who
20shall deposit the money as follows:
21        (A) $3 into the Drivers Education Fund;
22        (B) $2 into the State Police Merit Board Public Safety
23    Fund;
24        (C) $4 into the Traffic and Criminal Conviction
25    Surcharge Fund;

 

 

HB4594 Enrolled- 36 -LRB100 17151 MRW 32305 b

1        (D) $1 into the Law Enforcement Camera Grant Fund; and
2        (E) $4 into the Violent Crime Victims Assistance Fund.
3    (3) As the arresting agency's portion, $50 as follows,
4unless more than one agency is responsible for the arrest in
5which case the amount shall be remitted to each unit of
6government equally:
7        (A) if the arresting agency is a local agency to the
8    treasurer of the unit of local government of the arresting
9    agency, who shall deposit the money as follows:
10            (i) $2 into the E-citation Fund of the unit of
11        local government; and
12            (ii) $48 into the General Fund of the unit of local
13        government; or
14        (B) as provided in subsection (c) of Section 10-5 of
15    this Act if the arresting agency is a State agency.
 
16    Section 15-65. SCHEDULE 13; non-traffic violations.
17SCHEDULE 13: For a petty offense, business offense, or
18non-traffic ordinance violation, the Clerk of the Circuit Court
19shall collect $100 and remit as follows:
20    (1) As the county's portion, $75, to the county treasurer,
21who shall deposit the money as follows:
22        (A) $20 into the Court Automation Fund;
23        (B) $20 into the Court Document Storage Fund;
24        (C) $5 into the Circuit Court Clerk Operation and
25    Administrative Fund;

 

 

HB4594 Enrolled- 37 -LRB100 17151 MRW 32305 b

1        (D) $8 into the Circuit Court Clerk Electronic Citation
2    Fund; and
3        (E) $22 into the county's General Fund.
4    (2) As the arresting agency's portion, $25 as follows,
5unless more than one agency is responsible for the arrest in
6which case the amount shall be remitted to each unit of
7government equally:
8        (A) if the arresting agency is a local agency to the
9    treasurer of the unit of local government of the arresting
10    agency, who shall deposit the money as follows:
11            (i) $2 into the E-citation Fund of the unit of
12        local government; and
13            (ii) $23 into the General Fund of the unit of local
14        government; or
15        (B) as provided in subsection (c) of Section 10-5 of
16    this Act if the arresting agency is a State agency.
 
17    Section 15-70. Conditional Assessments.
18    In addition to payments under one of the Schedule of
19Assessments 1 through 13 of this Act, the court shall also
20order payment of any of the following conditional assessment
21amounts for each sentenced violation in the case to which a
22conditional assessment is applicable, which shall be collected
23and remitted by the Clerk of the Circuit Court as provided in
24this Section:
25        (1) arson, residential arson, or aggravated arson,

 

 

HB4594 Enrolled- 38 -LRB100 17151 MRW 32305 b

1    $500 per conviction to the State Treasurer for deposit into
2    the Fire Prevention Fund;
3        (2) child pornography under Section 11-20.1 of the
4    Criminal Code of 1961 or the Criminal Code of 2012, $500
5    per conviction, unless more than one agency is responsible
6    for the arrest in which case the amount shall be remitted
7    to each unit of government equally:
8            (A) if the arresting agency is an agency of a unit
9        of local government $500 to the treasurer of the unit
10        of local government for deposit into the unit of local
11        government's General Fund, except that if the
12        Department of State Police provides digital or
13        electronic forensic examination assistance, or both,
14        to the arresting agency then $100 to the State
15        Treasurer for deposit into the State Crime Laboratory
16        Fund; or
17            (B) if the arresting agency is the Department of
18        State Police remitted to the State Treasurer for
19        deposit into the State Crime Laboratory Fund;
20        (3) crime laboratory drug analysis for a drug-related
21    offense involving possession or delivery of cannabis or
22    possession or delivery of a controlled substance as defined
23    in the Cannabis Control Act, the Illinois Controlled
24    Substances Act, or the Methamphetamine Control and
25    Community Protection Act, $100 reimbursement for
26    laboratory analysis, as set forth in subsection (f) of

 

 

HB4594 Enrolled- 39 -LRB100 17151 MRW 32305 b

1    Section 5-9-1.4 of the Unified Code of Corrections;
2        (4) DNA analysis, $250 on each conviction in which it
3    was used to the State Treasurer for deposit into the State
4    Offender DNA Identification System Fund as set forth in
5    Section 5-4-3 of the Unified Code of Corrections;
6        (5) DUI analysis, $150 on each sentenced violation in
7    which it was used as set forth in subsection (f) of Section
8    5-9-1.9 of the Unified Code of Corrections;
9        (6) drug-related offense involving possession or
10    delivery of cannabis or possession or delivery of a
11    controlled substance, other than methamphetamine, as
12    defined in the Cannabis Control Act or the Illinois
13    Controlled Substances Act, an amount not less than the full
14    street value of the cannabis or controlled substance seized
15    for each conviction to be disbursed as follows:
16            (A)12.5% of the street value assessment shall be
17        paid into the Youth Drug Abuse Prevention Fund, to be
18        used by the Department of Human Services for the
19        funding of programs and services for drug-abuse
20        treatment, and prevention and education services;
21            (B)37.5% to the county in which the charge was
22        prosecuted, to be deposited into the county General
23        Fund;
24            (C)50% to the treasurer of the arresting law
25        enforcement agency of the municipality or county, or to
26        the State Treasurer if the arresting agency was a state

 

 

HB4594 Enrolled- 40 -LRB100 17151 MRW 32305 b

1        agency;
2            (D)if the arrest was made in combination with
3        multiple law enforcement agencies, the clerk shall
4        equitably allocate the portion in subparagraph (C) of
5        this paragraph (6) among the law enforcement agencies
6        involved in the arrest;
7        (6.5) Kane County or Will County, in felony,
8    misdemeanor, local or county ordinance, traffic, or
9    conservation cases, up to $30 as set by the county board
10    under Section 5-1101.3 of the Counties Code upon the entry
11    of a judgment of conviction, an order of supervision, or a
12    sentence of probation without entry of judgment under
13    Section 10 of the Cannabis Control Act, Section 410 of the
14    Illinois Controlled Substances Act, Section 70 of the
15    Methamphetamine Control and Community Protection Act,
16    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
17    the Criminal Code of 1961 or the Criminal Code of 2012,
18    Section 10-102 of the Illinois Alcoholism and Other Drug
19    Dependency Act, or Section 10 of the Steroid Control Act;
20    except in local or county ordinance, traffic, and
21    conservation cases, if fines are paid in full without a
22    court appearance, then the assessment shall not be imposed
23    or collected. Distribution of assessments collected under
24    this paragraph (6.5) shall be as provided in Section
25    5-1101.3 of the Counties Code;
26        (7) methamphetamine-related offense involving

 

 

HB4594 Enrolled- 41 -LRB100 17151 MRW 32305 b

1    possession or delivery of methamphetamine or any salt of an
2    optical isomer of methamphetamine or possession of a
3    methamphetamine manufacturing material as set forth in
4    Section 10 of the Methamphetamine Control and Community
5    Protection Act with the intent to manufacture a substance
6    containing methamphetamine or salt of an optical isomer of
7    methamphetamine, an amount not less than the full street
8    value of the methamphetamine or salt of an optical isomer
9    of methamphetamine or methamphetamine manufacturing
10    materials seized for each conviction to be disbursed as
11    follows:
12            (A)12.5% of the street value assessment shall be
13        paid into the Youth Drug Abuse Prevention Fund, to be
14        used by the Department of Human Services for the
15        funding of programs and services for drug-abuse
16        treatment, and prevention and education services;
17            (B)37.5% to the county in which the charge was
18        prosecuted, to be deposited into the county General
19        Fund;
20            (C)50% to the treasurer of the arresting law
21        enforcement agency of the municipality or county, or to
22        the State Treasurer if the arresting agency was a state
23        agency;
24            (D)if the arrest was made in combination with
25        multiple law enforcement agencies, the clerk shall
26        equitably allocate the portion in subparagraph (C) of

 

 

HB4594 Enrolled- 42 -LRB100 17151 MRW 32305 b

1        this paragraph (6) among the law enforcement agencies
2        involved in the arrest;
3        (8) order of protection violation under Section 12-3.4
4    of the Criminal Code of 2012, $200 for each conviction to
5    the county treasurer for deposit into the Probation and
6    Court Services Fund for implementation of a domestic
7    violence surveillance program and any other assessments or
8    fees imposed under Section 5-9-1.16 of the Unified Code of
9    Corrections;
10        (9) order of protection violation, $25 for each
11    violation to the State Treasurer, for deposit into the
12    Domestic Violence Abuser Services Fund;
13        (10) prosecution by the State's Attorney of a:
14            (A) petty or business offense, $4 to the county
15        treasurer of which $2 deposited into the State's
16        Attorney Records Automation Fund and $2 into the Public
17        Defender Records Automation Fund;
18            (B) conservation or traffic offense, $2 to the
19        county treasurer for deposit into the State's Attorney
20        Records Automation Fund;
21        (11) speeding in a construction zone violation, $250 to
22    the State Treasurer for deposit into the Transportation
23    Safety Highway Hire-back Fund, unless (i) the violation
24    occurred on a highway other than an interstate highway and
25    (ii) a county police officer wrote the ticket for the
26    violation, in which case to the county treasurer for

 

 

HB4594 Enrolled- 43 -LRB100 17151 MRW 32305 b

1    deposit into that county's Transportation Safety Highway
2    Hire-back Fund;
3        (12) supervision disposition on an offense under the
4    Illinois Vehicle Code or similar provision of a local
5    ordinance, 50 cents, unless waived by the court, into the
6    Prisoner Review Board Vehicle and Equipment Fund;
7        (13) victim and offender are family or household
8    members as defined in Section 103 of the Illinois Domestic
9    Violence Act of 1986 and offender pleads guilty or no
10    contest to or is convicted of murder, voluntary
11    manslaughter, involuntary manslaughter, burglary,
12    residential burglary, criminal trespass to residence,
13    criminal trespass to vehicle, criminal trespass to land,
14    criminal damage to property, telephone harassment,
15    kidnapping, aggravated kidnaping, unlawful restraint,
16    forcible detention, child abduction, indecent solicitation
17    of a child, sexual relations between siblings,
18    exploitation of a child, child pornography, assault,
19    aggravated assault, battery, aggravated battery, heinous
20    battery, aggravated battery of a child, domestic battery,
21    reckless conduct, intimidation, criminal sexual assault,
22    predatory criminal sexual assault of a child, aggravated
23    criminal sexual assault, criminal sexual abuse, aggravated
24    criminal sexual abuse, violation of an order of protection,
25    disorderly conduct, endangering the life or health of a
26    child, child abandonment, contributing to dependency or

 

 

HB4594 Enrolled- 44 -LRB100 17151 MRW 32305 b

1    neglect of child, or cruelty to children and others, $200
2    for each sentenced violation to the State Treasurer for
3    deposit as follows: (i) for sexual assault, as defined in
4    Section 5-9-1.7 of the Unified Code of Corrections, when
5    the offender and victim are family members, one-half to the
6    Domestic Violence Shelter and Service Fund, and one-half to
7    the Sexual Assault Services Fund; (ii) for the remaining
8    offenses to the Domestic Violence Shelter and Service Fund;
9        (14) violation of Section 11-501 of the Illinois
10    Vehicle Code, Section 5-7 of the Snowmobile Registration
11    and Safety Act, Section 5-16 of the Boat Registration and
12    Safety Act, or a similar provision, whose operation of a
13    motor vehicle, snowmobile, or watercraft while in
14    violation of Section 11-501, Section 5-7 of the Snowmobile
15    Registration and Safety Act, Section 5-16 of the Boat
16    Registration and Safety Act, or a similar provision
17    proximately caused an incident resulting in an appropriate
18    emergency response, $1,000 maximum to the public agency
19    that provided an emergency response related to the person's
20    violation, and if more than one agency responded, the
21    amount payable to public agencies shall be shared equally;
22        (15) violation of Section 401, 407, or 407.2 of the
23    Illinois Controlled Substances Act that proximately caused
24    any incident resulting in an appropriate drug-related
25    emergency response, $1,000 as reimbursement for the
26    emergency response to the law enforcement agency that made

 

 

HB4594 Enrolled- 45 -LRB100 17151 MRW 32305 b

1    the arrest, and if more than one agency is responsible for
2    the arrest, the amount payable to law enforcement agencies
3    shall be shared equally;
4        (16) violation of reckless driving, aggravated
5    reckless driving, or driving 26 miles per hour or more in
6    excess of the speed limit that triggered an emergency
7    response, $1,000 maximum reimbursement for the emergency
8    response to be distributed in its entirety to a public
9    agency that provided an emergency response related to the
10    person's violation, and if more than one agency responded,
11    the amount payable to public agencies shall be shared
12    equally;
13        (17) violation based upon each plea of guilty,
14    stipulation of facts, or finding of guilt resulting in a
15    judgment of conviction or order of supervision for an
16    offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of
17    the Criminal Code of 2012 that results in the imposition of
18    a fine, to be distributed as follows:
19            (A) $50 to the county treasurer for deposit into
20        the Circuit Court Clerk Operation and Administrative
21        Fund to cover the costs in administering this paragraph
22        (17);
23            (B) $300 to the State Treasurer who shall deposit
24        the portion as follows:
25                (i) if the arresting or investigating agency
26            is the Department of State Police, into the State

 

 

HB4594 Enrolled- 46 -LRB100 17151 MRW 32305 b

1            Police Operations Assistance Fund;
2                (ii) if the arresting or investigating agency
3            is the Department of Natural Resources, into the
4            Conservation Police Operations Assistance Fund;
5                (iii) if the arresting or investigating agency
6            is the Secretary of State, into the Secretary of
7            State Police Services Fund;
8                (iv) if the arresting or investigating agency
9            is the Illinois Commerce Commission, into the
10            Public Utility Fund; or
11                (v) if more than one of the State agencies in
12            this subparagraph (B) is the arresting or
13            investigating agency, then equal shares with the
14            shares deposited as provided in the applicable
15            items (i) through (iv) of this subparagraph (B);
16            and
17            (C) the remainder for deposit into the Specialized
18        Services for Survivors of Human Trafficking Fund; and
19        (18) weapons violation under Section 24-1.1, 24-1.2,
20    or 24-1.5 of the Criminal Code of 1961 or the Criminal Code
21    of 2012, $100 for each conviction to the State Treasurer
22    for deposit into the Trauma Center Fund.
 
23
Article 20. Repeal

 
24    Section 20-5. Repeal. This Act is repealed on January 1,

 

 

HB4594 Enrolled- 47 -LRB100 17151 MRW 32305 b

12021.
 
2
Article 900. Amendatory Provisions effective July 1, 2018

 
3    Section 900-5. The Unified Code of Corrections is amended
4by changing Sections 5-9-1.1 and 5-9-1.1-5 as follows:
 
5    (730 ILCS 5/5-9-1.1)  (from Ch. 38, par. 1005-9-1.1)
6    (Text of Section from P.A. 94-550, 96-132, 96-402, 96-1234,
797-545, 98-537, and 99-480)
8    Sec. 5-9-1.1. Drug related offenses.
9    (a) When a person has been adjudged guilty of a drug
10related offense involving possession or delivery of cannabis or
11possession or delivery of a controlled substance, other than
12methamphetamine, as defined in the Cannabis Control Act, as
13amended, or the Illinois Controlled Substances Act, as amended,
14in addition to any other penalty imposed, a fine shall be
15levied by the court at not less than the full street value of
16the cannabis or controlled substances seized.
17    "Street value" shall be determined by the court on the
18basis of testimony of law enforcement personnel and the
19defendant as to the amount seized and such testimony as may be
20required by the court as to the current street value of the
21cannabis or controlled substance seized.
22    (b) In addition to any penalty imposed under subsection (a)
23of this Section, a fine of $100 shall be levied by the court,

 

 

HB4594 Enrolled- 48 -LRB100 17151 MRW 32305 b

1the proceeds of which shall be collected by the Circuit Clerk
2and remitted to the State Treasurer under Section 27.6 of the
3Clerks of Courts Act for deposit into the Trauma Center Fund
4for distribution as provided under Section 3.225 of the
5Emergency Medical Services (EMS) Systems Act.
6    (c) In addition to any penalty imposed under subsection (a)
7of this Section, a fee of $5 shall be assessed by the court,
8the proceeds of which shall be collected by the Circuit Clerk
9and remitted to the State Treasurer under Section 27.6 of the
10Clerks of Courts Act for deposit into the Spinal Cord Injury
11Paralysis Cure Research Trust Fund. This additional fee of $5
12shall not be considered a part of the fine for purposes of any
13reduction in the fine for time served either before or after
14sentencing.
15    (d) Blank). In addition to any penalty imposed under
16subsection (a) of this Section for a drug related offense
17involving possession or delivery of cannabis or possession or
18delivery of a controlled substance as defined in the Cannabis
19Control Act, the Illinois Controlled Substances Act, or the
20Methamphetamine Control and Community Protection Act, a fee of
21$50 shall be assessed by the court, the proceeds of which shall
22be collected by the Circuit Clerk and remitted to the State
23Treasurer under Section 27.6 of the Clerks of Courts Act for
24deposit into the Performance-enhancing Substance Testing Fund.
25This additional fee of $50 shall not be considered a part of
26the fine for purposes of any reduction in the fine for time

 

 

HB4594 Enrolled- 49 -LRB100 17151 MRW 32305 b

1served either before or after sentencing. The provisions of
2this subsection (d), other than this sentence, are inoperative
3after June 30, 2011.
4    (e) In addition to any penalty imposed under subsection (a)
5of this Section, a $25 assessment shall be assessed by the
6court, the proceeds of which shall be collected by the Circuit
7Clerk and remitted to the State Treasurer for deposit into the
8Criminal Justice Information Projects Fund. The moneys
9deposited into the Criminal Justice Information Projects Fund
10under this Section shall be appropriated to and administered by
11the Illinois Criminal Justice Information Authority for
12distribution to fund Department of State Police funding of drug
13task forces and Metropolitan Enforcement Groups by dividing the
14funds equally by the total number of Department of State Police
15drug task forces and Illinois Metropolitan Enforcement Groups.
16    (f) In addition to any penalty imposed under subsection (a)
17of this Section, a $40 assessment shall be assessed by the
18court, the proceeds of which shall be collected by the Circuit
19Clerk. Of the collected proceeds, (i) 90% shall be remitted to
20the State Treasurer for deposit into the Prescription Pill and
21Drug Disposal Fund; (ii) 5% shall be remitted for deposit into
22the Criminal Justice Information Projects Fund, for use by the
23Illinois Criminal Justice Information Authority for the costs
24associated with making grants from the Prescription Pill and
25Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%
26for deposit into the Circuit Court Clerk Operation and

 

 

HB4594 Enrolled- 50 -LRB100 17151 MRW 32305 b

1Administrative Fund for the costs associated with
2administering this subsection.
3(Source: P.A. 98-537, eff. 8-23-13; 99-480, eff. 9-9-15.)
 
4    (Text of Section from P.A. 94-556, 96-132, 96-402, 96-1234,
597-545, 98-537, and 99-480)
6    Sec. 5-9-1.1. Drug related offenses.
7    (a) When a person has been adjudged guilty of a drug
8related offense involving possession or delivery of cannabis or
9possession or delivery of a controlled substance as defined in
10the Cannabis Control Act, the Illinois Controlled Substances
11Act, or the Methamphetamine Control and Community Protection
12Act, in addition to any other penalty imposed, a fine shall be
13levied by the court at not less than the full street value of
14the cannabis or controlled substances seized.
15    "Street value" shall be determined by the court on the
16basis of testimony of law enforcement personnel and the
17defendant as to the amount seized and such testimony as may be
18required by the court as to the current street value of the
19cannabis or controlled substance seized.
20    (b) In addition to any penalty imposed under subsection (a)
21of this Section, a fine of $100 shall be levied by the court,
22the proceeds of which shall be collected by the Circuit Clerk
23and remitted to the State Treasurer under Section 27.6 of the
24Clerks of Courts Act for deposit into the Trauma Center Fund
25for distribution as provided under Section 3.225 of the

 

 

HB4594 Enrolled- 51 -LRB100 17151 MRW 32305 b

1Emergency Medical Services (EMS) Systems Act.
2    (c) In addition to any penalty imposed under subsection (a)
3of this Section, a fee of $5 shall be assessed by the court,
4the proceeds of which shall be collected by the Circuit Clerk
5and remitted to the State Treasurer under Section 27.6 of the
6Clerks of Courts Act for deposit into the Spinal Cord Injury
7Paralysis Cure Research Trust Fund. This additional fee of $5
8shall not be considered a part of the fine for purposes of any
9reduction in the fine for time served either before or after
10sentencing.
11    (d) (Blank). In addition to any penalty imposed under
12subsection (a) of this Section for a drug related offense
13involving possession or delivery of cannabis or possession or
14delivery of a controlled substance as defined in the Cannabis
15Control Act, the Illinois Controlled Substances Act, or the
16Methamphetamine Control and Community Protection Act, a fee of
17$50 shall be assessed by the court, the proceeds of which shall
18be collected by the Circuit Clerk and remitted to the State
19Treasurer under Section 27.6 of the Clerks of Courts Act for
20deposit into the Performance-enhancing Substance Testing Fund.
21This additional fee of $50 shall not be considered a part of
22the fine for purposes of any reduction in the fine for time
23served either before or after sentencing. The provisions of
24this subsection (d), other than this sentence, are inoperative
25after June 30, 2011.
26    (e) In addition to any penalty imposed under subsection (a)

 

 

HB4594 Enrolled- 52 -LRB100 17151 MRW 32305 b

1of this Section, a $25 assessment shall be assessed by the
2court, the proceeds of which shall be collected by the Circuit
3Clerk and remitted to the State Treasurer for deposit into the
4Criminal Justice Information Projects Fund. The moneys
5deposited into the Criminal Justice Information Projects Fund
6under this Section shall be appropriated to and administered by
7the Illinois Criminal Justice Information Authority for
8distribution to fund Department of State Police funding of drug
9task forces and Metropolitan Enforcement Groups by dividing the
10funds equally by the total number of Department of State Police
11drug task forces and Illinois Metropolitan Enforcement Groups.
12    (f) In addition to any penalty imposed under subsection (a)
13of this Section, a $40 assessment shall be assessed by the
14court, the proceeds of which shall be collected by the Circuit
15Clerk. Of the collected proceeds, (i) 90% shall be remitted to
16the State Treasurer for deposit into the Prescription Pill and
17Drug Disposal Fund; (ii) 5% shall be remitted for deposit into
18the Criminal Justice Information Projects Fund, for use by the
19Illinois Criminal Justice Information Authority for the costs
20associated with making grants from the Prescription Pill and
21Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%
22for deposit into the Circuit Court Clerk Operation and
23Administrative Fund for the costs associated with
24administering this subsection.
25(Source: P.A. 98-537, eff. 8-23-13; 99-480, eff. 9-9-15.)
 

 

 

HB4594 Enrolled- 53 -LRB100 17151 MRW 32305 b

1    (730 ILCS 5/5-9-1.1-5)
2    Sec. 5-9-1.1-5. Methamphetamine related offenses.
3    (a) When a person has been adjudged guilty of a
4methamphetamine related offense involving possession or
5delivery of methamphetamine or any salt of an optical isomer of
6methamphetamine or possession of a methamphetamine
7manufacturing material as set forth in Section 10 of the
8Methamphetamine Control and Community Protection Act with the
9intent to manufacture a substance containing methamphetamine
10or salt of an optical isomer of methamphetamine, in addition to
11any other penalty imposed, a fine shall be levied by the court
12at not less than the full street value of the methamphetamine
13or salt of an optical isomer of methamphetamine or
14methamphetamine manufacturing materials seized.
15    "Street value" shall be determined by the court on the
16basis of testimony of law enforcement personnel and the
17defendant as to the amount seized and such testimony as may be
18required by the court as to the current street value of the
19methamphetamine or salt of an optical isomer of methamphetamine
20or methamphetamine manufacturing materials seized.
21    (b) In addition to any penalty imposed under subsection (a)
22of this Section, a fine of $100 shall be levied by the court,
23the proceeds of which shall be collected by the Circuit Clerk
24and remitted to the State Treasurer under Section 27.6 of the
25Clerks of Courts Act for deposit into the Methamphetamine Law
26Enforcement Fund and allocated as provided in subsection (d) of

 

 

HB4594 Enrolled- 54 -LRB100 17151 MRW 32305 b

1Section 5-9-1.2.
2    (c) In addition to any penalty imposed under subsection (a)
3of this Section, a $25 assessment shall be assessed by the
4court, the proceeds of which shall be collected by the Circuit
5Clerk and remitted to the State Treasurer for deposit into the
6Criminal Justice Information Projects Fund. The moneys
7deposited into the Criminal Justice Information Projects Fund
8under this Section shall be appropriated to and administered by
9the Illinois Criminal Justice Information Authority for
10distribution to fund the Department of State Police funding of
11drug task forces and Metropolitan Enforcement Groups by
12dividing the funds equally by the total number of Department of
13State Police drug task forces and Metropolitan Enforcement
14Groups.
15    (d) In addition to any penalty imposed under subsection (a)
16of this Section, a $40 assessment shall be assessed by the
17court, the proceeds of which shall be collected by the Circuit
18Clerk. Of the collected proceeds, (i) 90% shall be remitted to
19the State Treasurer for deposit into the Prescription Pill and
20Drug Disposal Fund; (ii) 5% shall be remitted for deposit into
21the Criminal Justice Information Projects Fund, for use by the
22Illinois Criminal Justice Information Authority for the costs
23associated with making grants from the Prescription Pill and
24Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%
25for deposit into the Circuit Court Clerk Operation and
26Administrative Fund for the costs associated with

 

 

HB4594 Enrolled- 55 -LRB100 17151 MRW 32305 b

1administering this subsection.
2(Source: P.A. 98-537, eff. 8-23-13; 99-480, eff. 9-9-15.)
 
3
Article 905. Amendatory Provisions effective July 1, 2019

 
4    Section 905-5. The Domestic Violence Shelters Act is
5amended by changing Section 3.2 as follows:
 
6    (20 ILCS 1310/3.2)  (from Ch. 40, par. 2403.2)
7    Sec. 3.2. All funds collected pursuant to P.A. 82-645,
8which are held in escrow for refund and for which a refund is
9not approved by September 1, 1988, shall be forwarded to the
10State Treasurer for deposit into the Domestic Violence Shelter
11and Service Fund. The Domestic Violence Shelter and Service
12Fund shall also include assessments fines received by the State
13Treasurer from circuit clerks under the Criminal and Traffic
14Assessment Act in accordance with Section 5-9-1.5 of the
15Unified Code of Corrections. Monies deposited in the Fund
16pursuant to this Section and the income tax check-off for the
17Domestic Violence Shelter and Service Fund authorized by
18Section 507F of the Illinois Income Tax Act shall be
19appropriated to the Department of Human Services for the
20purpose of providing services specified by this Act; however,
21the Department may waive the matching funds requirement of this
22Act with respect to such monies. Any such waiver shall be
23uniform throughout the State. This amendatory Act of 1987

 

 

HB4594 Enrolled- 56 -LRB100 17151 MRW 32305 b

1applies to all funds collected pursuant to PA 82-645, held in
2escrow and for which no refund is approved by September 1,
31988, whether those funds are administered by the State, a
4county, a court, or any other unit or agency of government.
5(Source: P.A. 89-507, eff. 7-1-97.)
 
6    Section 905-10. The Burn Victims Relief Act is amended by
7changing Section 10 as follows:
 
8    (20 ILCS 1410/10)
9    Sec. 10. Payments to the George Bailey Memorial Fund. The
10George Bailey Memorial Fund is created as a special fund in the
11State treasury. The George Bailey Memorial Fund shall be funded
12pursuant to subsection (p) of Section 27.6 of the Clerks of
13Courts Act and Section 16-104d of the Illinois Vehicle Code.
14Funds received under Section 16-104d of the Illinois Vehicle
15Code shall be repaid in full to the Fire Truck Revolving Loan
16Fund, without the deduction of the 20% administrative fee
17authorized in subsection (b) of Section 5, upon receipt by the
18George Bailey Memorial Fund from the person or his or her
19estate, trust, or heirs of any moneys from a settlement for the
20injury that is the proximate cause of the person's disability
21under this Act or moneys received from Social Security
22disability benefits. Moneys in the George Bailey Memorial Fund
23may only be used for the purposes set forth in this Act.
24(Source: P.A. 99-455, eff. 1-1-16.)
 

 

 

HB4594 Enrolled- 57 -LRB100 17151 MRW 32305 b

1    Section 905-15. The State Police Act is amended by changing
2Section 7.2 as follows:
 
3    (20 ILCS 2610/7.2)
4    Sec. 7.2. State Police Merit Board Public Safety Fund.
5    (a) A special fund in the State treasury is hereby created
6which shall be known as the State Police Merit Board Public
7Safety Fund. The Fund shall be used by the State Police Merit
8Board to provide a cadet program for State Police personnel and
9to meet all costs associated with the functions of the State
10Police Merit Board. Notwithstanding any other law to the
11contrary, the State Police Merit Board Public Safety Fund is
12not subject to sweeps, administrative charge-backs, or any
13other fiscal or budgetary maneuver that would in any way
14transfer any amounts from the State Police Merit Board Public
15Safety Fund into any other fund of the State.
16    (b) The Fund may receive State appropriations, gifts,
17grants, and federal funds and shall include earnings from the
18investment of moneys in the Fund.
19    (c) The administration of this Fund shall be the
20responsibility of the State Police Merit Board. The Board shall
21establish terms and conditions for the operation of the Fund.
22The Board shall establish and implement fiscal controls and
23accounting periods for programs operated using the Fund. All
24fees or moneys received by the State Treasurer under the

 

 

HB4594 Enrolled- 58 -LRB100 17151 MRW 32305 b

1Criminal and Traffic Assessment Act subsection (n) of Section
227.6 of the Clerks of Courts Act shall be deposited into the
3Fund. The moneys deposited in the State Police Merit Board
4Public Safety Fund shall be appropriated to the State Police
5Merit Board for expenses of the Board for the administration
6and conduct of all its programs for State Police personnel.
7(Source: P.A. 97-1051, eff. 1-1-13.)
 
8    Section 905-20. The Illinois Criminal Justice Information
9Act is amended by changing Section 9.1 as follows:
 
10    (20 ILCS 3930/9.1)
11    Sec. 9.1. Criminal Justice Information Projects Fund. The
12Criminal Justice Information Projects Fund is hereby created as
13a special fund in the State Treasury. Grants and other moneys
14obtained by the Authority from governmental entities (other
15than the federal government), private sources, and
16not-for-profit organizations for use in investigating criminal
17justice issues or undertaking other criminal justice
18information projects shall be deposited into the Fund. Moneys
19in the Fund may be used by the Authority, subject to
20appropriation, for undertaking such projects and for the
21operating and other expenses of the Authority incidental to
22those projects, and for the costs associated with making grants
23from the Prescription Pill and Drug Disposal Fund. The moneys
24deposited into the Criminal Justice Information Projects Fund

 

 

HB4594 Enrolled- 59 -LRB100 17151 MRW 32305 b

1under Sections 15-15 and 15-35 of the Criminal and Traffic
2Assessment Act shall be appropriated to and administered by the
3Illinois Criminal Justice Information Authority for
4distribution to fund Department of State Police drug task
5forces and Metropolitan Enforcement Groups by dividing the
6funds equally by the total number of Department of State Police
7drug task forces and Illinois Metropolitan Enforcement Groups.
8(Source: P.A. 88-538.)
 
9    Section 905-25. The State Finance Act is amended by
10changing Sections 6b-4, 6z-82, 6z-87, 8p, and 8q and by adding
11Sections 5.886 and 6z-105 as follows:
 
12    (30 ILCS 105/5.886 new)
13    Sec. 5.886. The State Police Law Enforcement
14Administration Fund.
 
15    (30 ILCS 105/6b-4)  (from Ch. 127, par. 142b4)
16    Sec. 6b-4. On the second Monday of every month, the
17Director of Public Health shall certify to the State
18Comptroller and the State Treasurer the amount generated by the
19issuance of commemorative birth certificates under subsection
20(14) of Section 25 of the Vital Records Act in excess of the
21costs incurred in issuing the documents. Within 15 days of
22receipt of the certification required by this Section, the
23State Comptroller and the State Treasurer shall transfer from

 

 

HB4594 Enrolled- 60 -LRB100 17151 MRW 32305 b

1the General Revenue Fund, one-half of the amount certified as
2being received from the issuance of commemorative birth
3certificates to the Child Abuse Prevention Fund and one-half of
4the amount to the Domestic Violence Shelter and Service Fund.
5    The State Treasurer shall deposit into the Domestic
6Violence Shelter and Service Fund each assessment received
7under the Criminal and Traffic Assessment Act fine received
8from circuit clerks under Section 5-9-1.5 of the Unified Code
9of Corrections.
10    The State Treasurer shall deposit into the Sexual Assault
11Services Fund and the Domestic Violence Shelter and Service
12Fund each of those fines received from circuit clerks under
13Section 5-9-1.7 of the Unified Code of Corrections in
14accordance with the provisions of that Section.
15(Source: P.A. 87-791; 87-1072.)
 
16    (30 ILCS 105/6z-82)
17    Sec. 6z-82. State Police Operations Assistance Fund.
18    (a) There is created in the State treasury a special fund
19known as the State Police Operations Assistance Fund. The Fund
20shall receive revenue under the Criminal and Traffic Assessment
21Act pursuant to Section 27.3a of the Clerks of Courts Act. The
22Fund may also receive revenue from grants, donations,
23appropriations, and any other legal source.
24    (b) The Department of State Police may use moneys in the
25Fund to finance any of its lawful purposes or functions.

 

 

HB4594 Enrolled- 61 -LRB100 17151 MRW 32305 b

1    (c) Expenditures may be made from the Fund only as
2appropriated by the General Assembly by law.
3    (d) Investment income that is attributable to the
4investment of moneys in the Fund shall be retained in the Fund
5for the uses specified in this Section.
6    (e) The State Police Operations Assistance Fund shall not
7be subject to administrative chargebacks.
8    (f) Notwithstanding any other provision of State law to the
9contrary, on or after July 1, 2012, and until June 30, 2013, in
10addition to any other transfers that may be provided for by
11law, at the direction of and upon notification from the
12Director of State Police, the State Comptroller shall direct
13and the State Treasurer shall transfer amounts into the State
14Police Operations Assistance Fund from the designated funds not
15exceeding the following totals:
16    State Police Vehicle Fund.....................$2,250,000
17    State Police Wireless Service
18        Emergency Fund............................$2,500,000
19    State Police Services Fund....................$3,500,000
20(Source: P.A. 96-1029, eff. 7-13-10; 97-333, eff. 8-12-11;
2197-732, eff. 6-30-12.)
 
22    (30 ILCS 105/6z-87)
23    Sec. 6z-87. Conservation Police Operations Assistance
24Fund.
25    (a) There is created in the State treasury a special fund

 

 

HB4594 Enrolled- 62 -LRB100 17151 MRW 32305 b

1known as the Conservation Police Operations Assistance Fund.
2The Fund shall receive revenue under the Criminal and Traffic
3Assessment Act pursuant to Section 27.3a of the Clerks of
4Courts Act. The Fund may also receive revenue from grants,
5donations, appropriations, and any other legal source.
6    (b) The Department of Natural Resources may use moneys in
7the Fund to support any lawful operations of the Illinois
8Conservation Police.
9    (c) Expenditures may be made from the Fund only as
10appropriated by the General Assembly by law.
11    (d) Investment income that is attributable to the
12investment of moneys in the Fund shall be retained in the Fund
13for the uses specified in this Section.
14    (e) The Conservation Police Operations Assistance Fund
15shall not be subject to administrative chargebacks.
16(Source: P.A. 97-46, eff. 7-1-12; 97-813, eff. 7-13-12.)
 
17    (30 ILCS 105/6z-105 new)
18    Sec. 6z-105. State Police Law Enforcement Administration
19Fund.
20    (a) There is created in the State treasury a special fund
21known as the State Police Law Enforcement Administration Fund.
22The Fund shall receive revenue under subsection (c) of Section
2310-5 of the Criminal and Traffic Assessment Act. The Fund may
24also receive revenue from grants, donations, appropriations,
25and any other legal source.

 

 

HB4594 Enrolled- 63 -LRB100 17151 MRW 32305 b

1    (b) The Department of State Police may use moneys in the
2Fund to finance any of its lawful purposes or functions;
3however, the primary purpose shall be to finance State Police
4cadet classes in May and October of each year.
5    (c) Expenditures may be made from the Fund only as
6appropriated by the General Assembly by law.
7    (d) Investment income that is attributable to the
8investment of moneys in the Fund shall be retained in the Fund
9for the uses specified in this Section.
10    (e) The State Police Law Enforcement Administration Fund
11shall not be subject to administrative chargebacks.
 
12    (30 ILCS 105/8p)
13    Sec. 8p. State Police Streetgang-Related Crime Fund.
14    (a) The State Police Streetgang-Related Crime Fund is
15created as a special fund in the State treasury.
16    (b) All moneys collected and payable to the Department of
17State Police from the State Police Streetgang-Related Crime
18Fund under Section 5-9-1.19 of the Unified Code of Corrections
19shall be deposited into the State Police Streetgang-Related
20Crime Fund and shall be appropriated to and administered by the
21Department of State Police for operations and initiatives to
22combat and prevent streetgang-related crime.
23    (c) The State Police Streetgang-Related Crime Fund shall
24not be subject to administrative chargebacks.
25(Source: P.A. 96-1029, eff. 7-13-10.)
 

 

 

HB4594 Enrolled- 64 -LRB100 17151 MRW 32305 b

1    (30 ILCS 105/8q)
2    Sec. 8q. Illinois Department of Corrections Parole
3Division Offender Supervision Fund.
4    (a) The Illinois Department of Corrections Parole Division
5Offender Supervision Fund is created as a special fund in the
6State treasury.
7    (b) All moneys collected and payable to the Department of
8Corrections and under Section 5-9-1.20 of the Unified Code of
9Corrections shall be deposited into the Illinois Department of
10Corrections Parole Division Offender Supervision Fund and
11shall be appropriated to and administered by the Department of
12Corrections for operations and initiatives to combat and
13supervise paroled offenders in the community.
14    (c) The Illinois Department of Corrections Parole Division
15Offender Supervision Fund shall not be subject to
16administrative chargebacks.
17(Source: P.A. 97-262, eff. 8-5-11.)
 
18    Section 905-30. The State Property Control Act is amended
19by changing Section 7c as follows:
 
20    (30 ILCS 605/7c)
21    Sec. 7c. Acquisition of State Police vehicles. The State
22Police Vehicle Fund is created as a special fund in the State
23treasury. The Fund shall consist of fees received pursuant to

 

 

HB4594 Enrolled- 65 -LRB100 17151 MRW 32305 b

1Section 16-104c of the Illinois Vehicle Code. All moneys in the
2Fund, subject to appropriation, shall be used by the Department
3of State Police:
4        (1) for the acquisition of vehicles for that
5    Department; or
6        (2) for debt service on bonds issued to finance the
7    acquisition of vehicles for that Department.
8(Source: P.A. 94-839, eff. 6-6-06.)
 
9    Section 905-35. Illinois Police Training Act is amended by
10changing Section 9 as follows:
 
11    (50 ILCS 705/9)  (from Ch. 85, par. 509)
12    Sec. 9. A special fund is hereby established in the State
13Treasury to be known as the Traffic and Criminal Conviction
14Surcharge Fund and shall be financed as provided in Section 9.1
15of this Act and Section 5-9-1 of the Unified Code of
16Corrections, unless the fines, costs, or additional amounts
17imposed are subject to disbursement by the circuit clerk under
18Section 27.5 of the Clerks of Courts Act. Moneys in this Fund
19shall be expended as follows:
20        (1) a portion of the total amount deposited in the Fund
21    may be used, as appropriated by the General Assembly, for
22    the ordinary and contingent expenses of the Illinois Law
23    Enforcement Training Standards Board;
24        (2) a portion of the total amount deposited in the Fund

 

 

HB4594 Enrolled- 66 -LRB100 17151 MRW 32305 b

1    shall be appropriated for the reimbursement of local
2    governmental agencies participating in training programs
3    certified by the Board, in an amount equaling 1/2 of the
4    total sum paid by such agencies during the State's previous
5    fiscal year for mandated training for probationary police
6    officers or probationary county corrections officers and
7    for optional advanced and specialized law enforcement or
8    county corrections training; these reimbursements may
9    include the costs for tuition at training schools, the
10    salaries of trainees while in schools, and the necessary
11    travel and room and board expenses for each trainee; if the
12    appropriations under this paragraph (2) are not sufficient
13    to fully reimburse the participating local governmental
14    agencies, the available funds shall be apportioned among
15    such agencies, with priority first given to repayment of
16    the costs of mandatory training given to law enforcement
17    officer or county corrections officer recruits, then to
18    repayment of costs of advanced or specialized training for
19    permanent police officers or permanent county corrections
20    officers;
21        (3) a portion of the total amount deposited in the Fund
22    may be used to fund the Intergovernmental Law Enforcement
23    Officer's In-Service Training Act, veto overridden October
24    29, 1981, as now or hereafter amended, at a rate and method
25    to be determined by the board;
26        (4) a portion of the Fund also may be used by the

 

 

HB4594 Enrolled- 67 -LRB100 17151 MRW 32305 b

1    Illinois Department of State Police for expenses incurred
2    in the training of employees from any State, county or
3    municipal agency whose function includes enforcement of
4    criminal or traffic law;
5        (5) a portion of the Fund may be used by the Board to
6    fund grant-in-aid programs and services for the training of
7    employees from any county or municipal agency whose
8    functions include corrections or the enforcement of
9    criminal or traffic law;
10        (6) for fiscal years 2013 through 2017 only, a portion
11    of the Fund also may be used by the Department of State
12    Police to finance any of its lawful purposes or functions;
13    and
14        (7) a portion of the Fund may be used by the Board,
15    subject to appropriation, to administer grants to local law
16    enforcement agencies for the purpose of purchasing
17    bulletproof vests under the Law Enforcement Officer
18    Bulletproof Vest Act.
19    All payments from the Traffic and Criminal Conviction
20Surcharge Fund shall be made each year from moneys appropriated
21for the purposes specified in this Section. No more than 50% of
22any appropriation under this Act shall be spent in any city
23having a population of more than 500,000. The State Comptroller
24and the State Treasurer shall from time to time, at the
25direction of the Governor, transfer from the Traffic and
26Criminal Conviction Surcharge Fund to the General Revenue Fund

 

 

HB4594 Enrolled- 68 -LRB100 17151 MRW 32305 b

1in the State Treasury such amounts as the Governor determines
2are in excess of the amounts required to meet the obligations
3of the Traffic and Criminal Conviction Surcharge Fund.
4(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14;
598-743, eff. 1-1-15; 99-78, eff. 7-20-15; 99-523, eff.
66-30-16.)
 
7    (50 ILCS 705/9.1 rep.)
8    Section 905-37. Illinois Police Training Act is amended by
9repealing Section 9.1.
 
10    Section 905-40. The Counties Code is amended by changing
11Sections 3-6023, 4-2004, 4-2005, and 4-2006 as follows:
 
12    (55 ILCS 5/3-6023)  (from Ch. 34, par. 3-6023)
13    Sec. 3-6023. Attendance at courts. Each sheriff shall, in
14person or by deputy, county corrections officer, or court
15security officer, attend upon all courts held in his or her
16county when in session, and obey the lawful orders and
17directions of the court, and shall maintain the security of the
18courthouse. Court services customarily performed by sheriffs
19shall be provided by the sheriff or his or her deputies, county
20corrections officers, or court security officers, rather than
21by employees of the court, unless there are no deputies, county
22corrections officers, or court security officers available to
23perform such services. The expenses of the sheriff in carrying

 

 

HB4594 Enrolled- 69 -LRB100 17151 MRW 32305 b

1out his or her duties under this Section, including the
2compensation of deputies, county corrections officers, or
3court security officers assigned to such services, shall be
4paid to the county from fees collected pursuant to court order
5for services of the sheriff and from any court services fees
6collected by the county under the Criminal and Traffic
7Assessment Act pursuant to Section 5-1103, as now or hereafter
8amended.
9(Source: P.A. 89-685, eff. 6-1-97; 89-707, eff. 6-1-97.)
 
10    (55 ILCS 5/4-2004)  (from Ch. 34, par. 4-2004)
11    Sec. 4-2004. Collection and disposition of fines and
12forfeitures. It shall be the duty of State's attorneys to
13attend to the collection of all fines and forfeitures in
14criminal cases, and they shall, without delay, pay over all
15fines and forfeitures collected by them to the county treasurer
16to be deposited into the general corporate fund of the county,
17except as otherwise specifically provided by law and except for
18such portion as is required by Section 9.1 of "The Illinois
19Police Training Act" and Section 5-9-1 of the "Unified Code of
20Corrections" to be paid into The Traffic and Criminal
21Conviction Surcharge Fund in the State Treasury, unless the
22fines and forfeitures are subject to disbursement by the
23circuit clerk under Section 27.5 of the Clerks of Courts Act.
24(Source: P.A. 86-962; 87-670.)
 

 

 

HB4594 Enrolled- 70 -LRB100 17151 MRW 32305 b

1    (55 ILCS 5/4-2005)  (from Ch. 34, par. 4-2005)
2    Sec. 4-2005. Payment of salaries; disposition of fees. The
3salaries of the State's attorneys, excepting that part which is
4to be paid out of the State treasury as now provided for by
5law, and the salaries of all Assistant State's attorneys shall
6be paid out of the general corporate fund of the county
7treasury of the county in which the State's attorney resides,
8on the order of the county board by the treasurer of the
9county: The fees which are now, or may hereafter, be provided
10by law to be paid by the defendant or defendants, as State's
11attorney's fees, shall be taxed as costs and all fees, fines,
12forfeitures and penalties shall be collected by the State's
13attorney, except as otherwise specifically provided by law for
14those amounts required by Section 9.1 of the "Illinois Police
15Training Act" and Section 5-9-1 of the "Unified Code of
16Corrections" to be paid into The Traffic and Criminal
17Conviction Surcharge Fund and those amounts subject to
18disbursement by the circuit clerk under Section 27.5 of the
19Clerks of Courts Act, and shall be paid by him directly into
20the county treasury to be deposited into the general corporate
21fund of the county. The county treasurer shall receipt
22therefor.
23(Source: P.A. 86-962; 87-670.)
 
24    (55 ILCS 5/4-2006)  (from Ch. 34, par. 4-2006)
25    Sec. 4-2006. Report of fees.

 

 

HB4594 Enrolled- 71 -LRB100 17151 MRW 32305 b

1    (a) It is hereby made the duty of all State's attorneys to
2report to the circuit court at such times as the court shall
3determine by rule, the payment and collection of all fees,
4fines, forfeitures and penalties and to satisfy the court by
5voucher or otherwise, that all fees, fines, forfeitures and
6penalties by them collected, except as otherwise specifically
7provided by law for those amounts required by Section 9.1 of
8the Illinois Police Training Act and Section 5-9-1 of the
9Unified Code of Corrections to be paid into the Traffic and
10Criminal Conviction Surcharge Fund, have been duly paid over to
11the county treasurer, as required by Section 4-2005, and the
12State's attorney shall have no further interest in conviction
13fees, fines, forfeitures and penalties or moneys collected by
14virtue of such office. The court shall note the filing of the
15report and fix a day certain not less than 30 days thereafter,
16when objections in writing may be filed to such report by any
17one or more taxpayers of the county, and when objections are
18filed to such report a hearing may be had upon such report and
19objections at such time and in such manner as the court may
20direct and after such hearing the court may approve or
21disapprove of such report as justice may require, and make all
22proper orders in reference thereto, and if no objections have
23been filed, the court shall inspect such report and require the
24State's attorney to produce evidence in proof of his having
25paid over as required by law all fines and forfeitures
26collected by him; and if it appears to the court that any

 

 

HB4594 Enrolled- 72 -LRB100 17151 MRW 32305 b

1State's attorney has failed or refused to turn over the fines
2and forfeitures collected by him as required by law the court
3shall at once suspend him and appoint a State's attorney pro
4tempore to perform the duties of the office until such State's
5attorney shall have complied with the provisions of this
6Division or the orders of the court in regard thereto. The
7court, for the purpose of carrying out the provisions of this
8Section shall have the power to examine books and papers and to
9issue subpoenas to compel the appearance of persons and the
10production of books and records: Provided, however, no order
11entered under this Section shall be a bar to any proper
12proceedings against such State's attorney and his bondsman to
13require him to account for moneys collected and not paid over
14by him as required by law.
15    (b) Waiver of report of fees. The filing of the report of
16fees as provided by subsection (a) of this Section may be
17waived by written administrative order of the chief judge of
18the circuit upon written request and affidavit of the State's
19attorney of a county within the circuit that all fines, fees,
20forfeitures, and restitution are collected by the clerk of the
21circuit court and that none of those funds pass through the
22office of the State's attorney.
23(Source: P.A. 86-962; 87-1201.)
 
24    55 ILCS 5/3-4012 rep.
25    55 ILCS 5/4-2002 rep.

 

 

HB4594 Enrolled- 73 -LRB100 17151 MRW 32305 b

1    55 ILCS 5/4-2002.1 rep.
2    55 ILCS 5/5-1101 rep.
3    55 ILCS 5/5-1101.5 rep.
4    55 ILCS 5/5-1103 rep.
5    Section 905-43. The Counties Code is amended by repealing
6Sections 3-4012, 4-2002, 4-2002.1, 5-1101, 5-1101.5, and
75-1103.
 
8    Section 905-45. The Illinois Vehicle Code is amended by
9changing Sections 2-120, 11-501.01, 11-605, 11-605.1,
1011-605.3, 11-1002.5, 15-113, and 16-105 as follows:
 
11    (625 ILCS 5/2-120)  (from Ch. 95 1/2, par. 2-120)
12    Sec. 2-120. Disposition of fines and forfeitures.
13    (a) Fines Except as provided in subsection (f) of Section
1411-605 and subsection (c) of Section 11-1002.5 of this Code,
15fines and penalties recovered under the provisions of this Act
16administered by the Secretary of State, except those fines,
17assessments, and penalties subject to disbursement by the
18circuit clerk under the Criminal and Traffic Assessment Act
19Section 27.5 of the Clerks of Courts Act, shall be paid over
20and used as follows:
21        1. For violations of this Act committed within the
22    limits of an incorporated city or village, to the treasurer
23    of the particular city or village, if arrested by the
24    authorities of the city or village and reasonably

 

 

HB4594 Enrolled- 74 -LRB100 17151 MRW 32305 b

1    prosecuted for all fines and penalties under this Act by
2    the police officers and officials of the city or village.
3        2. For violations of this Act committed outside the
4    limits of an incorporated city or village to the county
5    treasurer of the court where the offense was committed.
6        3. For the purposes of this Act an offense for
7    violation of any provision of this Act not committed upon
8    the highway shall be deemed to be committed where the
9    violator resides or where he has a place of business
10    requiring some registration, permit or license to operate
11    such business under this Act.
12    (b) Failure, refusal or neglect on the part of any judicial
13or other officer or employee receiving or having custody of any
14such fine or forfeiture either before or after a deposit with
15the proper official as defined in paragraph (a) of this
16Section, shall constitute misconduct in office and shall be
17grounds for removal therefrom.
18(Source: P.A. 95-302, eff. 1-1-08.)
 
19    (625 ILCS 5/11-501.01)
20    Sec. 11-501.01. Additional administrative sanctions.
21    (a) After a finding of guilt and prior to any final
22sentencing or an order for supervision, for an offense based
23upon an arrest for a violation of Section 11-501 or a similar
24provision of a local ordinance, individuals shall be required
25to undergo a professional evaluation to determine if an

 

 

HB4594 Enrolled- 75 -LRB100 17151 MRW 32305 b

1alcohol, drug, or intoxicating compound abuse problem exists
2and the extent of the problem, and undergo the imposition of
3treatment as appropriate. Programs conducting these
4evaluations shall be licensed by the Department of Human
5Services. The cost of any professional evaluation shall be paid
6for by the individual required to undergo the professional
7evaluation.
8    (b) Any person who is found guilty of or pleads guilty to
9violating Section 11-501, including any person receiving a
10disposition of court supervision for violating that Section,
11may be required by the Court to attend a victim impact panel
12offered by, or under contract with, a county State's Attorney's
13office, a probation and court services department, Mothers
14Against Drunk Driving, or the Alliance Against Intoxicated
15Motorists. All costs generated by the victim impact panel shall
16be paid from fees collected from the offender or as may be
17determined by the court.
18    (c) (Blank). Every person found guilty of violating Section
1911-501, whose operation of a motor vehicle while in violation
20of that Section proximately caused any incident resulting in an
21appropriate emergency response, shall be liable for the expense
22of an emergency response as provided in subsection (i) of this
23Section.
24    (d) The Secretary of State shall revoke the driving
25privileges of any person convicted under Section 11-501 or a
26similar provision of a local ordinance.

 

 

HB4594 Enrolled- 76 -LRB100 17151 MRW 32305 b

1    (e) The Secretary of State shall require the use of
2ignition interlock devices for a period not less than 5 years
3on all vehicles owned by a person who has been convicted of a
4second or subsequent offense of Section 11-501 or a similar
5provision of a local ordinance. The person must pay to the
6Secretary of State DUI Administration Fund an amount not to
7exceed $30 for each month that he or she uses the device. The
8Secretary shall establish by rule and regulation the procedures
9for certification and use of the interlock system, the amount
10of the fee, and the procedures, terms, and conditions relating
11to these fees. During the time period in which a person is
12required to install an ignition interlock device under this
13subsection (e), that person shall only operate vehicles in
14which ignition interlock devices have been installed, except as
15allowed by subdivision (c)(5) or (d)(5) of Section 6-205 of
16this Code.
17    (f) (Blank). In addition to any other penalties and
18liabilities, a person who is found guilty of or pleads guilty
19to violating Section 11-501, including any person placed on
20court supervision for violating Section 11-501, shall be
21assessed $750, payable to the circuit clerk, who shall
22distribute the money as follows: $350 to the law enforcement
23agency that made the arrest, and $400 shall be forwarded to the
24State Treasurer for deposit into the General Revenue Fund. If
25the person has been previously convicted of violating Section
2611-501 or a similar provision of a local ordinance, the fine

 

 

HB4594 Enrolled- 77 -LRB100 17151 MRW 32305 b

1shall be $1,000, and the circuit clerk shall distribute $200 to
2the law enforcement agency that made the arrest and $800 to the
3State Treasurer for deposit into the General Revenue Fund. In
4the event that more than one agency is responsible for the
5arrest, the amount payable to law enforcement agencies shall be
6shared equally. Any moneys received by a law enforcement agency
7under this subsection (f) shall be used for enforcement and
8prevention of driving while under the influence of alcohol,
9other drug or drugs, intoxicating compound or compounds or any
10combination thereof, as defined by Section 11-501 of this Code,
11including but not limited to the purchase of law enforcement
12equipment and commodities that will assist in the prevention of
13alcohol related criminal violence throughout the State; police
14officer training and education in areas related to alcohol
15related crime, including but not limited to DUI training; and
16police officer salaries, including but not limited to salaries
17for hire back funding for safety checkpoints, saturation
18patrols, and liquor store sting operations. Any moneys received
19by the Department of State Police under this subsection (f)
20shall be deposited into the State Police DUI Fund and shall be
21used to purchase law enforcement equipment that will assist in
22the prevention of alcohol related criminal violence throughout
23the State.
24    (g) The Secretary of State Police DUI Fund is created as a
25special fund in the State treasury. All moneys received by the
26Secretary of State Police under subsection (f) of this Section

 

 

HB4594 Enrolled- 78 -LRB100 17151 MRW 32305 b

1shall be deposited into the Secretary of State Police DUI Fund
2and, subject to appropriation, shall be used for enforcement
3and prevention of driving while under the influence of alcohol,
4other drug or drugs, intoxicating compound or compounds or any
5combination thereof, as defined by Section 11-501 of this Code,
6including but not limited to the purchase of law enforcement
7equipment and commodities to assist in the prevention of
8alcohol related criminal violence throughout the State; police
9officer training and education in areas related to alcohol
10related crime, including but not limited to DUI training; and
11police officer salaries, including but not limited to salaries
12for hire back funding for safety checkpoints, saturation
13patrols, and liquor store sting operations.
14    (h) Whenever an individual is sentenced for an offense
15based upon an arrest for a violation of Section 11-501 or a
16similar provision of a local ordinance, and the professional
17evaluation recommends remedial or rehabilitative treatment or
18education, neither the treatment nor the education shall be the
19sole disposition and either or both may be imposed only in
20conjunction with another disposition. The court shall monitor
21compliance with any remedial education or treatment
22recommendations contained in the professional evaluation.
23Programs conducting alcohol or other drug evaluation or
24remedial education must be licensed by the Department of Human
25Services. If the individual is not a resident of Illinois,
26however, the court may accept an alcohol or other drug

 

 

HB4594 Enrolled- 79 -LRB100 17151 MRW 32305 b

1evaluation or remedial education program in the individual's
2state of residence. Programs providing treatment must be
3licensed under existing applicable alcoholism and drug
4treatment licensure standards.
5    (i) (Blank). In addition to any other fine or penalty
6required by law, an individual convicted of a violation of
7Section 11-501, Section 5-7 of the Snowmobile Registration and
8Safety Act, Section 5-16 of the Boat Registration and Safety
9Act, or a similar provision, whose operation of a motor
10vehicle, snowmobile, or watercraft while in violation of
11Section 11-501, Section 5-7 of the Snowmobile Registration and
12Safety Act, Section 5-16 of the Boat Registration and Safety
13Act, or a similar provision proximately caused an incident
14resulting in an appropriate emergency response, shall be
15required to make restitution to a public agency for the costs
16of that emergency response. The restitution may not exceed
17$1,000 per public agency for each emergency response. As used
18in this subsection (i), "emergency response" means any incident
19requiring a response by a police officer, a firefighter carried
20on the rolls of a regularly constituted fire department, or an
21ambulance. With respect to funds designated for the Department
22of State Police, the moneys shall be remitted by the circuit
23court clerk to the State Police within one month after receipt
24for deposit into the State Police DUI Fund. With respect to
25funds designated for the Department of Natural Resources, the
26Department of Natural Resources shall deposit the moneys into

 

 

HB4594 Enrolled- 80 -LRB100 17151 MRW 32305 b

1the Conservation Police Operations Assistance Fund.
2    (j) A person that is subject to a chemical test or tests of
3blood under subsection (a) of Section 11-501.1 or subdivision
4(c)(2) of Section 11-501.2 of this Code, whether or not that
5person consents to testing, shall be liable for the expense up
6to $500 for blood withdrawal by a physician authorized to
7practice medicine, a licensed physician assistant, a licensed
8advanced practice registered nurse, a registered nurse, a
9trained phlebotomist, a licensed paramedic, or a qualified
10person other than a police officer approved by the Department
11of State Police to withdraw blood, who responds, whether at a
12law enforcement facility or a health care facility, to a police
13department request for the drawing of blood based upon refusal
14of the person to submit to a lawfully requested breath test or
15probable cause exists to believe the test would disclose the
16ingestion, consumption, or use of drugs or intoxicating
17compounds if:
18        (1) the person is found guilty of violating Section
19    11-501 of this Code or a similar provision of a local
20    ordinance; or
21        (2) the person pleads guilty to or stipulates to facts
22    supporting a violation of Section 11-503 of this Code or a
23    similar provision of a local ordinance when the plea or
24    stipulation was the result of a plea agreement in which the
25    person was originally charged with violating Section
26    11-501 of this Code or a similar local ordinance.

 

 

HB4594 Enrolled- 81 -LRB100 17151 MRW 32305 b

1(Source: P.A. 99-289, eff. 8-6-15; 99-296, eff. 1-1-16; 99-642,
2eff. 7-28-16; 100-513, eff. 1-1-18.)
 
3    (625 ILCS 5/11-605)  (from Ch. 95 1/2, par. 11-605)
4    Sec. 11-605. Special speed limit while passing schools.
5    (a) For the purpose of this Section, "school" means the
6following entities:
7        (1) A public or private primary or secondary school.
8        (2) A primary or secondary school operated by a
9    religious institution.
10        (3) A public, private, or religious nursery school.
11    On a school day when school children are present and so
12close thereto that a potential hazard exists because of the
13close proximity of the motorized traffic, no person shall drive
14a motor vehicle at a speed in excess of 20 miles per hour while
15passing a school zone or while traveling on a roadway on public
16school property or upon any public thoroughfare where children
17pass going to and from school.
18    For the purpose of this Section a school day shall begin at
19seven ante meridian and shall conclude at four post meridian.
20    This Section shall not be applicable unless appropriate
21signs are posted upon streets and highways under their
22respective jurisdiction and maintained by the Department,
23township, county, park district, city, village or incorporated
24town wherein the school zone is located. With regard to the
25special speed limit while passing schools, such signs shall

 

 

HB4594 Enrolled- 82 -LRB100 17151 MRW 32305 b

1give proper due warning that a school zone is being approached
2and shall indicate the school zone and the maximum speed limit
3in effect during school days when school children are present.
4    (b) (Blank).
5    (c) Nothing in this Chapter shall prohibit the use of
6electronic speed-detecting devices within 500 feet of signs
7within a special school speed zone indicating such zone, as
8defined in this Section, nor shall evidence obtained thereby be
9inadmissible in any prosecution for speeding provided the use
10of such device shall apply only to the enforcement of the speed
11limit in such special school speed zone.
12    (d) (Blank).
13    (e) Except as provided in subsection (e-5), a person who
14violates this Section is guilty of a petty offense. Violations
15of this Section are punishable with a minimum fine of $150 for
16the first violation and a minimum fine of $300 for the second
17or subsequent violation.
18    (e-5) A person committing a violation of this Section is
19guilty of aggravated special speed limit while passing schools
20when he or she drives a motor vehicle at a speed that is:
21        (1) 26 miles per hour or more but less than 35 miles
22    per hour in excess of the applicable special speed limit
23    established under this Section or a similar provision of a
24    local ordinance and is guilty of a Class B misdemeanor; or
25        (2) 35 miles per hour or more in excess of the
26    applicable special speed limit established under this

 

 

HB4594 Enrolled- 83 -LRB100 17151 MRW 32305 b

1    Section or a similar provision of a local ordinance and is
2    guilty of a Class A misdemeanor.
3    (f) (Blank). When a fine for a violation of subsection (a)
4is $150 or greater, the person who violates subsection (a)
5shall be charged an additional $50 to be paid to the unit
6school district where the violation occurred for school safety
7purposes. If the violation occurred in a dual school district,
8$25 of the surcharge shall be paid to the elementary school
9district for school safety purposes and $25 of the surcharge
10shall be paid to the high school district for school safety
11purposes. Notwithstanding any other provision of law, the
12entire $50 surcharge shall be paid to the appropriate school
13district or districts.
14    For purposes of this subsection (f), "school safety
15purposes" includes the costs associated with school zone safety
16education, the Safe Routes to School Program under Section
172705-317 of the Department of Transportation Law of the Civil
18Administrative Code of Illinois, safety programs within the
19School Safety and Educational Improvement Block Grant Program
20under Section 2-3.51.5 of the School Code, and the purchase,
21installation, and maintenance of caution lights which are
22mounted on school speed zone signs.
23    (g) (Blank).
24    (h) (Blank).
25(Source: P.A. 99-212, eff. 1-1-16.)
 

 

 

HB4594 Enrolled- 84 -LRB100 17151 MRW 32305 b

1    (625 ILCS 5/11-605.1)
2    Sec. 11-605.1. Special limit while traveling through a
3highway construction or maintenance speed zone.
4    (a) A person may not operate a motor vehicle in a
5construction or maintenance speed zone at a speed in excess of
6the posted speed limit when workers are present.
7    (a-5) A person may not operate a motor vehicle in a
8construction or maintenance speed zone at a speed in excess of
9the posted speed limit when workers are not present.
10    (b) Nothing in this Chapter prohibits the use of electronic
11speed-detecting devices within 500 feet of signs within a
12construction or maintenance speed zone indicating the zone, as
13defined in this Section, nor shall evidence obtained by use of
14those devices be inadmissible in any prosecution for speeding,
15provided the use of the device shall apply only to the
16enforcement of the speed limit in the construction or
17maintenance speed zone.
18    (c) As used in this Section, a "construction or maintenance
19speed zone" is an area in which the Department, Toll Highway
20Authority, or local agency has posted signage advising drivers
21that a construction or maintenance speed zone is being
22approached, or in which the Department, Authority, or local
23agency has posted a lower speed limit with a highway
24construction or maintenance speed zone special speed limit sign
25after determining that the preexisting established speed limit
26through a highway construction or maintenance project is

 

 

HB4594 Enrolled- 85 -LRB100 17151 MRW 32305 b

1greater than is reasonable or safe with respect to the
2conditions expected to exist in the construction or maintenance
3speed zone.
4    If it is determined that the preexisting established speed
5limit is safe with respect to the conditions expected to exist
6in the construction or maintenance speed zone, additional speed
7limit signs which conform to the requirements of this
8subsection (c) shall be posted.
9    Highway construction or maintenance speed zone special
10speed limit signs shall be of a design approved by the
11Department. The signs must give proper due warning that a
12construction or maintenance speed zone is being approached and
13must indicate the maximum speed limit in effect. The signs also
14must state the amount of the minimum fine for a violation.
15    (d) Except as provided under subsection (d-5), a person who
16violates this Section is guilty of a petty offense. Violations
17of this Section are punishable with a minimum fine of $250 for
18the first violation and a minimum fine of $750 for the second
19or subsequent violation.
20    (d-5) A person committing a violation of this Section is
21guilty of aggravated special speed limit while traveling
22through a highway construction or maintenance speed zone when
23he or she drives a motor vehicle at a speed that is:
24        (1) 26 miles per hour or more but less than 35 miles
25    per hour in excess of the applicable special speed limit
26    established under this Section or a similar provision of a

 

 

HB4594 Enrolled- 86 -LRB100 17151 MRW 32305 b

1    local ordinance and is guilty of a Class B misdemeanor; or
2        (2) 35 miles per hour or more in excess of the
3    applicable special speed limit established under this
4    Section or a similar provision of a local ordinance and is
5    guilty of a Class A misdemeanor.
6    (e) (Blank). If a fine for a violation of this Section is
7$250 or greater, the person who violated this Section shall be
8charged an additional $125, which shall be deposited into the
9Transportation Safety Highway Hire-back Fund in the State
10treasury, unless (i) the violation occurred on a highway other
11than an interstate highway and (ii) a county police officer
12wrote the ticket for the violation, in which case the $125
13shall be deposited into that county's Transportation Safety
14Highway Hire-back Fund. In the case of a second or subsequent
15violation of this Section, if the fine is $750 or greater, the
16person who violated this Section shall be charged an additional
17$250, which shall be deposited into the Transportation Safety
18Highway Hire-back Fund in the State treasury, unless (i) the
19violation occurred on a highway other than an interstate
20highway and (ii) a county police officer wrote the ticket for
21the violation, in which case the $250 shall be deposited into
22that county's Transportation Safety Highway Hire-back Fund.
23    (e-5) The Department of State Police and the local county
24police department have concurrent jurisdiction over any
25violation of this Section that occurs on an interstate highway.
26    (f) The Transportation Safety Highway Hire-back Fund,

 

 

HB4594 Enrolled- 87 -LRB100 17151 MRW 32305 b

1which was created by Public Act 92-619, shall continue to be a
2special fund in the State treasury. Subject to appropriation by
3the General Assembly and approval by the Secretary, the
4Secretary of Transportation shall use all moneys in the
5Transportation Safety Highway Hire-back Fund to hire off-duty
6Department of State Police officers to monitor construction or
7maintenance zones.
8    (f-5) Each county shall create a Transportation Safety
9Highway Hire-back Fund. The county shall use the moneys in its
10Transportation Safety Highway Hire-back Fund to hire off-duty
11county police officers to monitor construction or maintenance
12zones in that county on highways other than interstate
13highways. The county, in its discretion, may also use a portion
14of the moneys in its Transportation Safety Highway Hire-back
15Fund to purchase equipment for county law enforcement and fund
16the production of materials to educate drivers on construction
17zone safe driving habits.
18    (g) For a second or subsequent violation of this Section
19within 2 years of the date of the previous violation, the
20Secretary of State shall suspend the driver's license of the
21violator for a period of 90 days. This suspension shall only be
22imposed if the current violation of this Section and at least
23one prior violation of this Section occurred during a period
24when workers were present in the construction or maintenance
25zone.
26(Source: P.A. 98-337, eff. 1-1-14; 99-212, eff. 1-1-16; 99-280,

 

 

HB4594 Enrolled- 88 -LRB100 17151 MRW 32305 b

1eff. 1-1-16; 99-642, eff. 7-28-16.)
 
2    (625 ILCS 5/11-605.3)
3    Sec. 11-605.3. Special traffic protections while passing
4parks and recreation facilities and areas.
5    (a) As used in this Section:
6        (1) "Park district" means the following entities:
7            (A) any park district organized under the Park
8        District Code;
9            (B) any park district organized under the Chicago
10        Park District Act; and
11            (C) any municipality, county, forest district,
12        school district, township, or other unit of local
13        government that operates a public recreation
14        department or public recreation facilities that has
15        recreation facilities that are not on land owned by any
16        park district listed in subparagraphs (A) and (B) of
17        this subdivision (a)(1).
18        (2) "Park zone" means the recreation facilities and
19    areas on any land owned or operated by a park district that
20    are used for recreational purposes, including but not
21    limited to: parks; playgrounds; swimming pools; hiking
22    trails; bicycle paths; picnic areas; roads and streets; and
23    parking lots.
24        (3) "Park zone street" means that portion of any street
25    or intersection under the control of a local unit of

 

 

HB4594 Enrolled- 89 -LRB100 17151 MRW 32305 b

1    government, adjacent to a park zone, where the local unit
2    of government has, by ordinance or resolution, designated
3    and approved the street or intersection as a park zone
4    street. If, before the effective date of this amendatory
5    Act of the 94th General Assembly, a street already had a
6    posted speed limit lower than 20 miles per hour, then the
7    lower limit may be used for that park zone street.
8        (4) "Safety purposes" means the costs associated with:
9    park zone safety education; the purchase, installation,
10    and maintenance of signs, roadway painting, and caution
11    lights mounted on park zone signs; and any other expense
12    associated with park zones and park zone streets.
13    (b) On any day when children are present and within 50 feet
14of motorized traffic, a person may not drive a motor vehicle at
15a speed in excess of 20 miles per hour or any lower posted
16speed while traveling on a park zone street that has been
17designated for the posted reduced speed.
18    (c) On any day when children are present and within 50 feet
19of motorized traffic, any driver traveling on a park zone
20street who fails to come to a complete stop at a stop sign or
21red light, including a driver who fails to come to a complete
22stop at a red light before turning right onto a park zone
23street, is in violation of this Section.
24    (d) This Section does not apply unless appropriate signs
25are posted upon park zone streets maintained by the Department
26or by the unit of local government in which the park zone is

 

 

HB4594 Enrolled- 90 -LRB100 17151 MRW 32305 b

1located. With regard to the special speed limit on park zone
2streets, the signs must give proper due warning that a park
3zone is being approached and must indicate the maximum speed
4limit on the park zone street.
5    (e) A first violation of this Section is a petty offense
6with a minimum fine of $250. A second or subsequent violation
7of this Section is a petty offense with a minimum fine of $500.
8    (f) (Blank). When a fine for a violation of this Section is
9imposed, the person who violates this Section shall be charged
10an additional $50, to be paid to the park district for safety
11purposes.
12    (g) The Department shall, within 6 months of the effective
13date of this amendatory Act of the 94th General Assembly,
14design a set of standardized traffic signs for park zones and
15park zone streets, including but not limited to: "park zone",
16"park zone speed limit", and "warning: approaching a park
17zone". The design of these signs shall be made available to all
18units of local government or manufacturers at no charge, except
19for reproduction and postage.
20(Source: P.A. 94-808, eff. 5-26-06.)
 
21    (625 ILCS 5/11-1002.5)
22    Sec. 11-1002.5. Pedestrians' right-of-way at crosswalks;
23school zones.
24    (a) For the purpose of this Section, "school" has the
25meaning ascribed to that term in Section 11-605.

 

 

HB4594 Enrolled- 91 -LRB100 17151 MRW 32305 b

1    On a school day when school children are present and so
2close thereto that a potential hazard exists because of the
3close proximity of the motorized traffic and when traffic
4control signals are not in place or not in operation, the
5driver of a vehicle shall stop and yield the right-of-way to a
6pedestrian crossing the roadway within a crosswalk when the
7pedestrian is upon the half of the roadway upon which the
8vehicle is traveling, or when the pedestrian is approaching so
9closely from the opposite half of the roadway as to be in
10danger.
11    For the purpose of this Section, a school day shall begin
12at seven ante meridian and shall conclude at four post
13meridian.
14    This Section shall not be applicable unless appropriate
15signs are posted in accordance with Section 11-605.
16    (b) A first violation of this Section is a petty offense
17with a minimum fine of $150. A second or subsequent violation
18of this Section is a petty offense with a minimum fine of $300.
19    (c) (Blank). When a fine for a violation of subsection (a)
20is $150 or greater, the person who violates subsection (a)
21shall be charged an additional $50 to be paid to the unit
22school district where the violation occurred for school safety
23purposes. If the violation occurred in a dual school district,
24$25 of the surcharge shall be paid to the elementary school
25district for school safety purposes and $25 of the surcharge
26shall be paid to the high school district for school safety

 

 

HB4594 Enrolled- 92 -LRB100 17151 MRW 32305 b

1purposes. Notwithstanding any other provision of law, the
2entire $50 surcharge shall be paid to the appropriate school
3district or districts.
4    For purposes of this subsection (c), "school safety
5purposes" has the meaning ascribed to that term in Section
611-605.
7(Source: P.A. 95-302, eff. 1-1-08; 96-1165, eff. 7-22-10.)
 
8    (625 ILCS 5/15-113)  (from Ch. 95 1/2, par. 15-113)
9    Sec. 15-113. Violations; Penalties.
10    (a) Whenever any vehicle is operated in violation of the
11provisions of Section 15-111 or subsection (d) of Section
123-401, the owner or driver of such vehicle shall be deemed
13guilty of such violation and either the owner or the driver of
14such vehicle may be prosecuted for such violation. Any person
15charged with a violation of any of these provisions who pleads
16not guilty shall be present in court for the trial on the
17charge. Any person, firm or corporation convicted of any
18violation of Section 15-111 including, but not limited to, a
19maximum axle or gross limit specified on a regulatory sign
20posted in accordance with paragraph (e) or (f) of Section
2115-111, shall be fined according to the following schedule:
 
22Up to and including 2000 pounds overweight, the fine is $100
 
23From 2001 through 2500 pounds overweight, the fine is $270
 

 

 

HB4594 Enrolled- 93 -LRB100 17151 MRW 32305 b

1From 2501 through 3000 pounds overweight, the fine is $330
 
2From 3001 through 3500 pounds overweight, the fine is $520
 
3From 3501 through 4000 pounds overweight, the fine is $600
 
4From 4001 through 4500 pounds overweight, the fine is $850
 
5From 4501 through 5000 pounds overweight, the fine is $950
 
6From 5001 or more pounds overweight, the fine shall be computed
7by assessing $1500 for the first 5000 pounds overweight and
8$150 for each additional increment of 500 pounds overweight or
9fraction thereof.
 
10    In addition any person, firm or corporation convicted of 4
11or more violations of Section 15-111 within any 12 month period
12shall be fined an additional amount of $5,000 for the fourth
13and each subsequent conviction within the 12 month period.
14Provided, however, that with regard to a firm or corporation, a
15fourth or subsequent conviction shall mean a fourth or
16subsequent conviction attributable to any one employee-driver.
17    (b) Whenever any vehicle is operated in violation of the
18provisions of Sections 15-102, 15-103 or 15-107, the owner or
19driver of such vehicle shall be deemed guilty of such violation

 

 

HB4594 Enrolled- 94 -LRB100 17151 MRW 32305 b

1and either may be prosecuted for such violation. Any person,
2firm or corporation convicted of any violation of Sections
315-102, 15-103 or 15-107 shall be fined for the first or second
4conviction an amount equal to not less than $50 nor more than
5$500, and for the third and subsequent convictions by the same
6person, firm or corporation within a period of one year after
7the date of the first offense, not less than $500 nor more than
8$1,000.
9    (c) All proceeds equal to 50% of the additional fines
10imposed under subsection (a) of this Section by this amendatory
11Act of the 96th General Assembly shall be remitted to the State
12Treasurer and deposited into the Capital Projects Fund.
13(Source: P.A. 96-34, eff. 1-1-10; 96-1000, eff. 7-2-10; 97-201,
14eff. 1-1-12.)
 
15    (625 ILCS 5/16-105)  (from Ch. 95 1/2, par. 16-105)
16    Sec. 16-105. Disposition of fines and forfeitures.
17    (a) Except as provided in Section 15-113 and Section
1816-104a of this Act and except for those amounts required to be
19paid into the Traffic and Criminal Conviction Surcharge Fund in
20the State Treasury pursuant to Section 9.1 of the Illinois
21Police Training Act and Section 5-9-1 of the Unified Code of
22Corrections and except those amounts subject to disbursement by
23the circuit clerk under the Criminal and Traffic Assessment Act
24Section 27.5 of the Clerks of Courts Act, fines and penalties
25recovered under the provisions of Chapters 3 11 through 17 and

 

 

HB4594 Enrolled- 95 -LRB100 17151 MRW 32305 b

118b 16 inclusive of this Code shall be paid and used as
2follows:
3        1. For offenses committed upon a highway within the
4    limits of a city, village, or incorporated town or under
5    the jurisdiction of any park district, to the treasurer of
6    the particular city, village, incorporated town or park
7    district, if the violator was arrested by the authorities
8    of the city, village, incorporated town or park district,
9    provided the police officers and officials of cities,
10    villages, incorporated towns and park districts shall
11    seasonably prosecute for all fines and penalties under this
12    Code. If the violation is prosecuted by the authorities of
13    the county, any fines or penalties recovered shall be paid
14    to the county treasurer, except that fines and penalties
15    recovered from violations arrested by the State Police
16    shall be remitted to the State Police Law Enforcement
17    Administration Fund. Provided further that if the violator
18    was arrested by the State Police, fines and penalties
19    recovered under the provisions of paragraph (a) of Section
20    15-113 of this Code or paragraph (e) of Section 15-316 of
21    this Code shall be paid over to the Department of State
22    Police which shall thereupon remit the amount of the fines
23    and penalties so received to the State Treasurer who shall
24    deposit the amount so remitted in the special fund in the
25    State treasury known as the Road Fund except that if the
26    violation is prosecuted by the State's Attorney, 10% of the

 

 

HB4594 Enrolled- 96 -LRB100 17151 MRW 32305 b

1    fine or penalty recovered shall be paid to the State's
2    Attorney as a fee of his office and the balance shall be
3    paid over to the Department of State Police for remittance
4    to and deposit by the State Treasurer as hereinabove
5    provided.
6        2. Except as provided in paragraph 4, for offenses
7    committed upon any highway outside the limits of a city,
8    village, incorporated town or park district, to the county
9    treasurer of the county where the offense was committed
10    except if such offense was committed on a highway
11    maintained by or under the supervision of a township,
12    township district, or a road district to the Treasurer
13    thereof for deposit in the road and bridge fund of such
14    township or other district, except that fines and penalties
15    recovered from violations arrested by the State Police
16    shall be remitted to the State Police Law Enforcement
17    Administration Fund; provided ; Provided, that fines and
18    penalties recovered under the provisions of paragraph (a)
19    of Section 15-113, paragraph (d) of Section 3-401, or
20    paragraph (e) of Section 15-316 of this Code shall be paid
21    over to the Department of State Police which shall
22    thereupon remit the amount of the fines and penalties so
23    received to the State Treasurer who shall deposit the
24    amount so remitted in the special fund in the State
25    treasury known as the Road Fund except that if the
26    violation is prosecuted by the State's Attorney, 10% of the

 

 

HB4594 Enrolled- 97 -LRB100 17151 MRW 32305 b

1    fine or penalty recovered shall be paid to the State's
2    Attorney as a fee of his office and the balance shall be
3    paid over to the Department of State Police for remittance
4    to and deposit by the State Treasurer as hereinabove
5    provided.
6        3. Notwithstanding subsections 1 and 2 of this
7    paragraph, for violations of overweight and overload
8    limits found in Sections 15-101 through 15-203 of this
9    Code, which are committed upon the highways belonging to
10    the Illinois State Toll Highway Authority, fines and
11    penalties shall be paid over to the Illinois State Toll
12    Highway Authority for deposit with the State Treasurer into
13    that special fund known as the Illinois State Toll Highway
14    Authority Fund, except that if the violation is prosecuted
15    by the State's Attorney, 10% of the fine or penalty
16    recovered shall be paid to the State's Attorney as a fee of
17    his office and the balance shall be paid over to the
18    Illinois State Toll Highway Authority for remittance to and
19    deposit by the State Treasurer as hereinabove provided.
20        4. With regard to violations of overweight and overload
21    limits found in Sections 15-101 through 15-203 of this Code
22    committed by operators of vehicles registered as Special
23    Hauling Vehicles, for offenses committed upon a highway
24    within the limits of a city, village, or incorporated town
25    or under the jurisdiction of any park district, all fines
26    and penalties shall be paid over or retained as required in

 

 

HB4594 Enrolled- 98 -LRB100 17151 MRW 32305 b

1    paragraph 1. However, with regard to the above offenses
2    committed by operators of vehicles registered as Special
3    Hauling Vehicles upon any highway outside the limits of a
4    city, village, incorporated town or park district, fines
5    and penalties shall be paid over or retained by the entity
6    having jurisdiction over the road or highway upon which the
7    offense occurred, except that if the violation is
8    prosecuted by the State's Attorney, 10% of the fine or
9    penalty recovered shall be paid to the State's Attorney as
10    a fee of his office.
11    (b) Failure, refusal or neglect on the part of any judicial
12or other officer or employee receiving or having custody of any
13such fine or forfeiture either before or after a deposit with
14the proper official as defined in paragraph (a) of this
15Section, shall constitute misconduct in office and shall be
16grounds for removal therefrom.
17(Source: P.A. 96-34, eff. 1-1-10.)
 
18    (625 ILCS 5/16-104a rep.)
19    (625 ILCS 5/16-104b rep.)
20    (625 ILCS 5/16-104c rep.)
21    (625 ILCS 5/16-104d rep.)
22    (625 ILCS 5/16-104d-1 rep.)
23    Section 905-47. The Illinois Vehicle Code is amended by
24repealing Sections 16-104a, 16-104b, 16-104c, 16-104d, and
2516-104d-1.
 

 

 

HB4594 Enrolled- 99 -LRB100 17151 MRW 32305 b

1    Section 905-50. The Access to Justice Act is amended by
2changing Section 15 as follows:
 
3    (705 ILCS 95/15)
4    Sec. 15. Access to Justice Fund.
5    (a) The Access to Justice Fund is created as a special fund
6in the State treasury. The Fund shall consist of fees collected
7under Section 27.3g of the Clerks of Courts Act. Moneys in the
8Access to Justice Fund shall be appropriated to the Attorney
9General for disbursements to the Foundation. The Foundation
10shall use the moneys to make grants and distributions for the
11administration of the pilot programs created under this Act.
12Grants or distributions made under this Act to the Foundation
13are subject to the requirements of the Illinois Grant Funds
14Recovery Act.
15    (b) In accordance with the requirements of the Illinois
16Equal Justice Act, the Foundation may make grants, enter into
17contracts, and take other actions recommended by the Council to
18effectuate the pilot programs and comply with the other
19requirements of this Act.
20    (c) The governing board of the Foundation must prepare and
21submit an annual report to the Governor, the President of the
22Senate, the Minority Leader of the Senate, the Speaker of the
23House of Representatives, the Minority Leader of the House of
24Representatives, and the Justices of the Illinois Supreme

 

 

HB4594 Enrolled- 100 -LRB100 17151 MRW 32305 b

1Court. The report must include: (i) a statement of the total
2receipts and a breakdown by source during each of the previous
32 calendar years; (ii) a list of the names and addresses of the
4recipients that are currently receiving grants or
5distributions and that received grants or distributions in the
6previous year and the amounts committed to recipients for the
7current year and paid in the previous year; (iii) a breakdown
8of the amounts of grants or distributions paid during the
9previous year to recipients and the amounts committed to each
10recipient for the current year; (iv) a breakdown of the
11Foundation's costs in administering the Fund; (v) a statement
12of the Fund balance at the start and at the close of the
13previous year and the interest earned during the previous year;
14and (vi) any notices the Foundation issued denying applications
15for grants or distributions under this Act. The report, in its
16entirety, is a public record, and the Foundation and the
17Governor shall make the report available for inspection upon
18request.
19    (d) The Foundation may annually retain a portion of the
20disbursements it receives under this Section to reimburse the
21Foundation for the actual cost of administering the Council and
22for making the grants and distributions pursuant to this Act
23during that year.
24    (e) No moneys distributed by the Foundation from the Access
25to Justice Fund may be directly or indirectly used for lobbying
26activities, as defined in Section 2 of the Lobbyist

 

 

HB4594 Enrolled- 101 -LRB100 17151 MRW 32305 b

1Registration Act or as defined in any ordinance or resolution
2of a municipality, county, or other unit of local government in
3Illinois.
4    (f) The Foundation may make, enter into, and execute
5contracts, agreements, leases, and other instruments with any
6person, including without limitation any federal, State, or
7local governmental agency, and may take other actions that may
8be necessary or convenient to accomplish any purpose authorized
9by this Act.
10    (g) The Foundation has the authority to receive and accept
11any and all grants, loans, subsidies, matching funds,
12reimbursements, federal grant moneys, fees for services, and
13other things of value from the federal or State government or
14any agency of any other state or from any institution, person,
15firm, or corporation, public or private, to be used to carry
16out the purposes of this Act.
17(Source: P.A. 98-351, eff. 8-15-13; 99-281, eff. 8-5-15.)
 
18    Section 905-55. The Clerks of Courts Act is amended by
19changing Sections 27.2b and 27.3 and by adding Sections 27.1b
20and 27.3b-1 as follows:
 
21    (705 ILCS 105/27.1b new)
22    Sec. 27.1b. Circuit court clerk fees. Notwithstanding any
23other provision of law, all fees charged by the clerks of the
24circuit court for the services described in this Section shall

 

 

HB4594 Enrolled- 102 -LRB100 17151 MRW 32305 b

1be established, collected, and disbursed in accordance with
2this Section. All fees under this Section shall be paid in
3advance and disbursed by each clerk on a monthly basis. Unless
4otherwise specified in this Section, the amount of a fee shall
5be determined by ordinance or resolution of the county board
6and remitted to the county treasurer to be used for purposes
7related to the operation of the court system in the county. In
8a county with population of over 3,000,000, any amount retained
9by the clerk of the circuit court or remitted to the county
10treasurer shall be subject to appropriation by the county
11board.
12    (a) Civil cases. The fee for filing a complaint, petition,
13or other pleading initiating a civil action shall be as set
14forth in the applicable schedule under this subsection in
15accordance with case categories established by the Supreme
16Court in schedules.
17        (1) SCHEDULE 1: not to exceed a total of $366 in a
18    county with a population of 3,000,000 or more and $316 in
19    any other county, except as applied to units of local
20    government and school districts in counties with more than
21    3,000,000 inhabitants an amount not to exceed $190 through
22    December 31, 2021 and $184 on and after January 1, 2022.
23    The fees collected under this schedule shall be disbursed
24    as follows:
25            (A) The clerk shall retain a sum, in an amount not
26        to exceed $55 in a county with a population of

 

 

HB4594 Enrolled- 103 -LRB100 17151 MRW 32305 b

1        3,000,000 or more and $45 in any other county
2        determined by the clerk with the approval of the
3        Supreme Court, to be used for court automation, court
4        document storage, and administrative purposes.
5            (B) The clerk shall remit up to $21 to the State
6        Treasurer. The State Treasurer shall deposit the
7        appropriate amounts, in accordance with the clerk's
8        instructions, as follows:
9                (i) up to $10, as specified by the Supreme
10            Court in accordance with Part 10A of Article II of
11            the Code of Civil Procedure, into the Mandatory
12            Arbitration Fund;
13                (ii) $2 into the Access to Justice Fund; and
14                (iii) $9 into the Supreme Court Special
15            Purposes Fund.
16            (C) The clerk shall remit a sum to the County
17        Treasurer, in an amount not to exceed $290 in a county
18        with a population of 3,000,000 or more and in an amount
19        not to exceed $250 in any other county, as specified by
20        ordinance or resolution passed by the county board, for
21        purposes related to the operation of the court system
22        in the county.
23        (2) SCHEDULE 2: not to exceed a total of $357 in a
24    county with a population of 3,000,000 or more and $266 in
25    any other county, except as applied to units of local
26    government and school districts in counties with more than

 

 

HB4594 Enrolled- 104 -LRB100 17151 MRW 32305 b

1    3,000,000 inhabitants an amount not to exceed $190 through
2    December 31, 2021 and $184 on and after January 1, 2022.
3    The fees collected under this schedule shall be disbursed
4    as follows:
5            (A) The clerk shall retain a sum, in an amount not
6        to exceed $55 in a county with a population of
7        3,000,000 or more and $45 in any other county
8        determined by the clerk with the approval of the
9        Supreme Court, to be used for court automation, court
10        document storage, and administrative purposes.
11            (B) The clerk shall remit up to $21 to the State
12        Treasurer. The State Treasurer shall deposit the
13        appropriate amounts, in accordance with the clerk's
14        instructions, as follows:
15                (i) up to $10, as specified by the Supreme
16            Court in accordance with Part 10A of Article II of
17            the Code of Civil Procedure, into the Mandatory
18            Arbitration Fund;
19                (ii) $2 into the Access to Justice Fund: and
20                (iii) $9 into the Supreme Court Special
21            Purposes Fund.
22            (C) The clerk shall remit a sum to the County
23        Treasurer, in an amount not to exceed $281 in a county
24        with a population of 3,000,000 or more and in an amount
25        not to exceed $200 in any other county, as specified by
26        ordinance or resolution passed by the county board, for

 

 

HB4594 Enrolled- 105 -LRB100 17151 MRW 32305 b

1        purposes related to the operation of the court system
2        in the county.
3        (3) SCHEDULE 3: not to exceed a total of $265 in a
4    county with a population of 3,000,000 or more and $89 in
5    any other county, except as applied to units of local
6    government and school districts in counties with more than
7    3,000,000 inhabitants an amount not to exceed $190 through
8    December 31, 2021 and $184 on and after January 1, 2022.
9    The fees collected under this schedule shall be disbursed
10    as follows:
11            (A) The clerk shall retain a sum, in an amount not
12        to exceed $55 in a county with a population of
13        3,000,000 or more and $22 in any other county
14        determined by the clerk with the approval of the
15        Supreme Court, to be used for court automation, court
16        document storage, and administrative purposes.
17            (B) The clerk shall remit $11 to the State
18        Treasurer. The State Treasurer shall deposit the
19        appropriate amounts in accordance with the clerk's
20        instructions, as follows:
21                (i) $2 into the Access to Justice Fund; and
22                (ii) $9 into the Supreme Court Special
23            Purposes Fund.
24            (C) The clerk shall remit a sum to the County
25        Treasurer, in an amount not to exceed $199 in a county
26        with a population of 3,000,000 or more and in an amount

 

 

HB4594 Enrolled- 106 -LRB100 17151 MRW 32305 b

1        not to exceed $56 in any other county, as specified by
2        ordinance or resolution passed by the county board, for
3        purposes related to the operation of the court system
4        in the county.
5        (4) SCHEDULE 4: $0.
6    (b) Appearance. The fee for filing an appearance in a civil
7action, including a cannabis civil law action under the
8Cannabis Control Act, shall be as set forth in the applicable
9schedule under this subsection in accordance with case
10categories established by the Supreme Court in schedules.
11        (1) SCHEDULE 1: not to exceed a total of $230 in a
12    county with a population of 3,000,000 or more and $191 in
13    any other county, except as applied to units of local
14    government and school districts in counties with more than
15    3,000,000 inhabitants an amount not to exceed $75. The fees
16    collected under this schedule shall be disbursed as
17    follows:
18            (A) The clerk shall retain a sum, in an amount not
19        to exceed $50 in a county with a population of
20        3,000,000 or more and $45 in any other county
21        determined by the clerk with the approval of the
22        Supreme Court, to be used for court automation, court
23        document storage, and administrative purposes.
24            (B) The clerk shall remit up to $21 to the State
25        Treasurer. The State Treasurer shall deposit the
26        appropriate amounts, in accordance with the clerk's

 

 

HB4594 Enrolled- 107 -LRB100 17151 MRW 32305 b

1        instructions, as follows:
2                (i) up to $10, as specified by the Supreme
3            Court in accordance with Part 10A of Article II of
4            the Code of Civil Procedure, into the Mandatory
5            Arbitration Fund;
6                (ii) $2 into the Access to Justice Fund; and
7                (iii) $9 into the Supreme Court Special
8            Purposes Fund.
9            (C) The clerk shall remit a sum to the County
10        Treasurer, in an amount not to exceed $159 in a county
11        with a population of 3,000,000 or more and in an amount
12        not to exceed $125 in any other county, as specified by
13        ordinance or resolution passed by the county board, for
14        purposes related to the operation of the court system
15        in the county.
16        (2) SCHEDULE 2: not to exceed a total of $130 in a
17    county with a population of 3,000,000 or more and $109 in
18    any other county, except as applied to units of local
19    government and school districts in counties with more than
20    3,000,000 inhabitants an amount not to exceed $75. The fees
21    collected under this schedule shall be disbursed as
22    follows:
23            (A) The clerk shall retain a sum, in an amount not
24        to exceed $50 in a county with a population of
25        3,000,000 or more and $10 in any other county
26        determined by the clerk with the approval of the

 

 

HB4594 Enrolled- 108 -LRB100 17151 MRW 32305 b

1        Supreme Court, to be used for court automation, court
2        document storage, and administrative purposes.
3            (B) The clerk shall remit $9 to the State
4        Treasurer, which the State Treasurer shall deposit
5        into the Supreme Court Special Purpose Fund.
6            (C) The clerk shall remit a sum to the County
7        Treasurer, in an amount not to exceed $71 in a county
8        with a population of 3,000,000 or more and in an amount
9        not to exceed $90 in any other county, as specified by
10        ordinance or resolution passed by the county board, for
11        purposes related to the operation of the court system
12        in the county.
13        (3) SCHEDULE 3: $0.
14    (b-5) Kane County and Will County. In Kane County and Will
15County civil cases, there is an additional fee of up to $30 as
16set by the county board under Section 5-1101.3 of the Counties
17Code to be paid by each party at the time of filing the first
18pleading, paper, or other appearance; provided that no
19additional fee shall be required if more than one party is
20represented in a single pleading, paper, or other appearance.
21Distribution of fees collected under this subsection (b-5)
22shall be as provided in Section 5-1101.3 of the Counties Code.
23    (c) Counterclaim or third party complaint. When any
24defendant files a counterclaim or third party complaint, as
25part of the defendant's answer or otherwise, the defendant
26shall pay a filing fee for each counterclaim or third party

 

 

HB4594 Enrolled- 109 -LRB100 17151 MRW 32305 b

1complaint in an amount equal to the filing fee the defendant
2would have had to pay had the defendant brought a separate
3action for the relief sought in the counterclaim or third party
4complaint, less the amount of the appearance fee, if any, that
5the defendant has already paid in the action in which the
6counterclaim or third party complaint is filed.
7    (d) Alias summons. The clerk shall collect a fee not to
8exceed $6 in a county with a population of 3,000,000 or more
9and $5 in any other county for each alias summons or citation
10issued by the clerk, except as applied to units of local
11government and school districts in counties with more than
123,000,000 inhabitants an amount not to exceed $5 for each alias
13summons or citation issued by the clerk.
14    (e) Jury services. The clerk shall collect, in addition to
15other fees allowed by law, a sum not to exceed $212.50, as a
16fee for the services of a jury in every civil action not
17quasi-criminal in its nature and not a proceeding for the
18exercise of the right of eminent domain and in every other
19action wherein the right of trial by jury is or may be given by
20law. The jury fee shall be paid by the party demanding a jury
21at the time of filing the jury demand. If the fee is not paid by
22either party, no jury shall be called in the action or
23proceeding, and the action or proceeding shall be tried by the
24court without a jury.
25    (f) Change of venue. In connection with a change of venue:
26        (1) The clerk of the jurisdiction from which the case

 

 

HB4594 Enrolled- 110 -LRB100 17151 MRW 32305 b

1    is transferred may charge a fee, not to exceed $40, for the
2    preparation and certification of the record; and
3        (2) The clerk of the jurisdiction to which the case is
4    transferred may charge the same filing fee as if it were
5    the commencement of a new suit.
6    (g) Petition to vacate or modify.
7        (1) In a proceeding involving a petition to vacate or
8    modify any final judgment or order filed within 30 days
9    after the judgment or order was entered, except for a
10    forcible entry and detainer case, small claims case,
11    petition to reopen an estate, petition to modify,
12    terminate, or enforce a judgment or order for child or
13    spousal support, or petition to modify, suspend, or
14    terminate an order for withholding, the fee shall not
15    exceed $60 in a county with a population of 3,000,000 or
16    more and $50 in any other county, except as applied to
17    units of local government and school districts in counties
18    with more than 3,000,000 inhabitants an amount not to
19    exceed $50.
20        (2) In a proceeding involving a petition to vacate or
21    modify any final judgment or order filed more than 30 days
22    after the judgment or order was entered, except for a
23    petition to modify, terminate, or enforce a judgment or
24    order for child or spousal support, or petition to modify,
25    suspend, or terminate an order for withholding, the fee
26    shall not exceed $75.

 

 

HB4594 Enrolled- 111 -LRB100 17151 MRW 32305 b

1        (3) In a proceeding involving a motion to vacate or
2    amend a final order, motion to vacate an ex parte judgment,
3    judgment of forfeiture, or "failure to appear" or "failure
4    to comply" notices sent to the Secretary of State, the fee
5    shall equal $40.
6    (h) Appeals preparation. The fee for preparation of a
7record on appeal shall be based on the number of pages, as
8follows:
9        (1) if the record contains no more than 100 pages, the
10    fee shall not exceed $70 in a county with a population of
11    3,000,000 or more and $50 in any other county;
12        (2) if the record contains between 100 and 200 pages,
13    the fee shall not exceed $100; and
14        (3) if the record contains 200 or more pages, the clerk
15    may collect an additional fee not to exceed 25 cents per
16    page.
17    (i) Remands. In any cases remanded to the circuit court
18from the Supreme Court or the appellate court for a new trial,
19the clerk shall reinstate the case with either its original
20number or a new number. The clerk shall not charge any new or
21additional fee for the reinstatement. Upon reinstatement, the
22clerk shall advise the parties of the reinstatement. Parties
23shall have the same right to a jury trial on remand and
24reinstatement that they had before the appeal, and no
25additional or new fee or charge shall be made for a jury trial
26after remand.

 

 

HB4594 Enrolled- 112 -LRB100 17151 MRW 32305 b

1    (j) Garnishment, wage deduction, and citation. In
2garnishment affidavit, wage deduction affidavit, and citation
3petition proceedings:
4        (1) if the amount in controversy in the proceeding is
5    not more than $1,000, the fee may not exceed $35 in a
6    county with a population of 3,000,000 or more and $15 in
7    any other county, except as applied to units of local
8    government and school districts in counties with more than
9    3,000,000 inhabitants an amount not to exceed $15;
10        (2) if the amount in controversy in the proceeding is
11    greater than $1,000 and not more than $5,000, the fee may
12    not exceed $45 in a county with a population of 3,000,000
13    or more and $30 in any other county, except as applied to
14    units of local government and school districts in counties
15    with more than 3,000,000 inhabitants an amount not to
16    exceed $30; and
17        (3) if the amount in controversy in the proceeding is
18    greater than $5,000, the fee may not exceed $65 in a county
19    with a population of 3,000,000 or more and $50 in any other
20    county, except as applied to units of local government and
21    school districts in counties with more than 3,000,000
22    inhabitants an amount not to exceed $50.
23    (k) Collections.
24        (1) For all collections made of others, except the
25    State and county and except in maintenance or child support
26    cases, the clerk may collect a fee of up to 2.5% of the

 

 

HB4594 Enrolled- 113 -LRB100 17151 MRW 32305 b

1    amount collected and turned over.
2        (2) In child support and maintenance cases, the clerk
3    may collect an annual fee of up to $36 from the person
4    making payment for maintaining child support records and
5    the processing of support orders to the State of Illinois
6    KIDS system and the recording of payments issued by the
7    State Disbursement Unit for the official record of the
8    Court. This fee is in addition to and separate from amounts
9    ordered to be paid as maintenance or child support and
10    shall be deposited into a Separate Maintenance and Child
11    Support Collection Fund, of which the clerk shall be the
12    custodian, ex officio, to be used by the clerk to maintain
13    child support orders and record all payments issued by the
14    State Disbursement Unit for the official record of the
15    Court. The clerk may recover from the person making the
16    maintenance or child support payment any additional cost
17    incurred in the collection of this annual fee.
18        (3) The clerk may collect a fee of $5 for
19    certifications made to the Secretary of State as provided
20    in Section 7-703 of the Family Financial Responsibility Law
21    and these fees shall be deposited into the Separate
22    Maintenance and Child Support Collection Fund.
23        (4) In proceedings to foreclose the lien of delinquent
24    real estate taxes State's Attorneys shall receive a fee of
25    10% of the total amount realized from the sale of real
26    estate sold in the proceedings. The clerk shall collect the

 

 

HB4594 Enrolled- 114 -LRB100 17151 MRW 32305 b

1    fee from the total amount realized from the sale of the
2    real estate sold in the proceedings and remit to the County
3    Treasurer to be credited to the earnings of the Office of
4    State's Attorney.
5    (l) Mailing. The fee for the clerk mailing documents shall
6not exceed $10 plus the cost of postage.
7    (m) Certified copies. The fee for each certified copy of a
8judgment, after the first copy, shall not exceed $10.
9    (n) Certification, authentication, and reproduction.
10        (1) The fee for each certification or authentication
11    for taking the acknowledgment of a deed or other instrument
12    in writing with the seal of office shall not exceed $6.
13        (2) The fee for reproduction of any document contained
14    in the clerk's files shall not exceed:
15            (A) $2 for the first page;
16            (B) 50 cents per page for the next 19 pages; and
17            (C) 25 cents per page for all additional pages.
18    (o) Record search. For each record search, within a
19division or municipal district, the clerk may collect a search
20fee not to exceed $6 for each year searched.
21    (p) Hard copy. For each page of hard copy print output,
22when case records are maintained on an automated medium, the
23clerk may collect a fee not to exceed $10 in a county with a
24population of 3,000,000 or more and $6 in any other county,
25except as applied to units of local government and school
26districts in counties with more than 3,000,000 inhabitants an

 

 

HB4594 Enrolled- 115 -LRB100 17151 MRW 32305 b

1amount not to exceed $6.
2    (q) Index inquiry and other records. No fee shall be
3charged for a single plaintiff and defendant index inquiry or
4single case record inquiry when this request is made in person
5and the records are maintained in a current automated medium,
6and when no hard copy print output is requested. The fees to be
7charged for management records, multiple case records, and
8multiple journal records may be specified by the Chief Judge
9pursuant to the guidelines for access and dissemination of
10information approved by the Supreme Court.
11    (r) Performing a marriage. There shall be a $10 fee for
12performing a marriage in court.
13    (s) Voluntary assignment. For filing each deed of voluntary
14assignment, the clerk shall collect a fee not to exceed $20.
15For recording a deed of voluntary assignment, the clerk shall
16collect a fee not to exceed 50 cents for each 100 words.
17Exceptions filed to claims presented to an assignee of a debtor
18who has made a voluntary assignment for the benefit of
19creditors shall be considered and treated, for the purpose of
20taxing costs therein, as actions in which the party or parties
21filing the exceptions shall be considered as party or parties
22plaintiff, and the claimant or claimants as party or parties
23defendant, and those parties respectively shall pay to the
24clerk the same fees as provided by this Section to be paid in
25other actions.
26    (t) Expungement petition. The clerk may collect a fee not

 

 

HB4594 Enrolled- 116 -LRB100 17151 MRW 32305 b

1to exceed $60 for each expungement petition filed and an
2additional fee not to exceed $4 for each certified copy of an
3order to expunge arrest records.
4    (u) Transcripts of judgment. For the filing of a transcript
5of judgment, the clerk may collect the same fee as if it were
6the commencement of a new suit.
7    (v) Probate filings.
8        (1) For each account (other than one final account)
9    filed in the estate of a decedent, or ward, the fee shall
10    not exceed $25.
11        (2) For filing a claim in an estate when the amount
12    claimed is greater than $150 and not more than $500, the
13    fee shall not exceed $40 in a county with a population of
14    3,000,000 or more and $25 in any other county; when the
15    amount claimed is greater than $500 and not more than
16    $10,000, the fee shall not exceed $55 in a county with a
17    population of 3,000,000 or more and $40 in any other
18    county; and when the amount claimed is more than $10,000,
19    the fee shall not exceed $75 in a county with a population
20    of 3,000,000 or more and $60 in any other county; except
21    the court in allowing a claim may add to the amount allowed
22    the filing fee paid by the claimant.
23        (3) For filing in an estate a claim, petition, or
24    supplemental proceeding based upon an action seeking
25    equitable relief including the construction or contest of a
26    will, enforcement of a contract to make a will, and

 

 

HB4594 Enrolled- 117 -LRB100 17151 MRW 32305 b

1    proceedings involving testamentary trusts or the
2    appointment of testamentary trustees, the fee shall not
3    exceed $60.
4        (4) There shall be no fee for filing in an estate: (i)
5    the appearance of any person for the purpose of consent; or
6    (ii) the appearance of an executor, administrator,
7    administrator to collect, guardian, guardian ad litem, or
8    special administrator.
9        (5) For each jury demand, the fee shall not exceed
10    $137.50.
11        (6) For each certified copy of letters of office, of
12    court order, or other certification, the fee shall not
13    exceed $2 per page.
14        (7) For each exemplification, the fee shall not exceed
15    $2, plus the fee for certification.
16        (8) The executor, administrator, guardian, petitioner,
17    or other interested person or his or her attorney shall pay
18    the cost of publication by the clerk directly to the
19    newspaper.
20        (9) The person on whose behalf a charge is incurred for
21    witness, court reporter, appraiser, or other miscellaneous
22    fees shall pay the same directly to the person entitled
23    thereto.
24        (10) The executor, administrator, guardian,
25    petitioner, or other interested person or his or her
26    attorney shall pay to the clerk all postage charges

 

 

HB4594 Enrolled- 118 -LRB100 17151 MRW 32305 b

1    incurred by the clerk in mailing petitions, orders,
2    notices, or other documents pursuant to the provisions of
3    the Probate Act of 1975.
4    (w) Corrections of numbers. For correction of the case
5number, case title, or attorney computer identification
6number, if required by rule of court, on any document filed in
7the clerk's office, to be charged against the party that filed
8the document, the fee shall not exceed $25.
9    (x) Miscellaneous.
10        (1) Interest earned on any fees collected by the clerk
11    shall be turned over to the county general fund as an
12    earning of the office.
13        (2) For any check, draft, or other bank instrument
14    returned to the clerk for non-sufficient funds, account
15    closed, or payment stopped, the clerk shall collect a fee
16    of $25.
17    (y) Other fees. The clerk of the circuit court may provide
18services in connection with the operation of the clerk's
19office, other than those services mentioned in this Section, as
20may be requested by the public and agreed to by the clerk and
21approved by the Chief Judge. Any charges for additional
22services shall be as agreed to between the clerk and the party
23making the request and approved by the Chief Judge. Nothing in
24this subsection shall be construed to require any clerk to
25provide any service not otherwise required by law.
26    (y-5) Unpaid fees. Unless a court ordered payment schedule

 

 

HB4594 Enrolled- 119 -LRB100 17151 MRW 32305 b

1is implemented or the fee requirements of this Section are
2waived under a court order, the clerk of the circuit court may
3add to any unpaid fees and costs under this Section a
4delinquency amount equal to 5% of the unpaid fees that remain
5unpaid after 30 days, 10% of the unpaid fees that remain unpaid
6after 60 days, and 15% of the unpaid fees that remain unpaid
7after 90 days. Notice to those parties may be made by signage
8posting or publication. The additional delinquency amounts
9collected under this Section shall be used to defray additional
10administrative costs incurred by the clerk of the circuit court
11in collecting unpaid fees and costs.
12    (z) Exceptions.
13        (1) No fee authorized by this Section shall apply to:
14            (A) police departments or other law enforcement
15        agencies. In this Section, "law enforcement agency"
16        means: an agency of the State or a unit of local
17        government which is vested by law or ordinance with the
18        duty to maintain public order and to enforce criminal
19        laws or ordinances; the Attorney General; or any
20        State's Attorney;
21            (A-5) any unit of local government or school
22        district in counties having a population of 500,000 or
23        less and the county board in counties having a
24        population exceeding 500,000 may by resolution set
25        reduced fees for units of local government or school
26        districts;

 

 

HB4594 Enrolled- 120 -LRB100 17151 MRW 32305 b

1            (B) any action instituted by the corporate
2        authority of a municipality with more than 1,000,000
3        inhabitants under Section 11-31-1 of the Illinois
4        Municipal Code and any action instituted under
5        subsection (b) of Section 11-31-1 of the Illinois
6        Municipal Code by a private owner or tenant of real
7        property within 1,200 feet of a dangerous or unsafe
8        building seeking an order compelling the owner or
9        owners of the building to take any of the actions
10        authorized under that subsection;
11            (C) any commitment petition or petition for an
12        order authorizing the administration of psychotropic
13        medication or electroconvulsive therapy under the
14        Mental Health and Developmental Disabilities Code;
15            (D) a petitioner in any order of protection
16        proceeding, including, but not limited to, fees for
17        filing, modifying, withdrawing, certifying, or
18        photocopying petitions for orders of protection,
19        issuing alias summons, any related filing service, or
20        certifying, modifying, vacating, or photocopying any
21        orders of protection; or
22            (E) proceedings for the appointment of a
23        confidential intermediary under the Adoption Act.
24        (2) No fee other than the filing fee contained in the
25    applicable schedule in subsection (a) shall be charged to
26    any person in connection with an adoption proceeding.

 

 

HB4594 Enrolled- 121 -LRB100 17151 MRW 32305 b

1        (3) Upon good cause shown, the court may waive any fees
2    associated with a special needs adoption. The term "special
3    needs adoption" has the meaning provided by the Illinois
4    Department of Children and Family Services.
5    (aa) This Section is repealed on December 31, 2019.
 
6    (705 ILCS 105/27.2b)
7    Sec. 27.2b. State income tax refund intercept. The Clerk
8of the Circuit Court may enter into an agreement with the
9Illinois Department of Revenue to establish a pilot program for
10the purpose of collecting certain balances owed fees. The
11purpose shall be to intercept, in whole or in part, State
12income tax refunds due the persons who owe past due fees to the
13Clerk of the Circuit Court in order to satisfy unpaid
14assessments under the Criminal and Traffic Assessment Act and
15fines as ordered by the court fees pursuant to the fee
16requirements of Sections 27.1a, 27.2, and 27.2a of this Act.
17The agreement shall include, but may not be limited to, a
18certification by the Clerk of the Circuit Court that the debt
19claims forwarded to the Department of Revenue are valid and
20that reasonable efforts have been made to notify persons of the
21delinquency of the debt. The agreement shall include provisions
22for payment of the intercept by the Department of Revenue to
23the Clerk of the Circuit Court and procedures for an
24appeal/protest by the debtor when an intercept occurs. The
25agreement may also include provisions to allow the Department

 

 

HB4594 Enrolled- 122 -LRB100 17151 MRW 32305 b

1of Revenue to recover its cost for administering the program.
2    Intercepts made pursuant to this Section shall not
3interfere with the collection of debts related to child
4support. During the collection of debts under this Section,
5when there are 2 or more debt claims certified to the
6Department at the same time, priority of collection shall be as
7provided in Section 911.3 of the Illinois Income Tax Act.
8(Source: P.A. 93-836, eff. 1-1-05.)
 
9    (705 ILCS 105/27.3)  (from Ch. 25, par. 27.3)
10    Sec. 27.3. Compensation.
11    (a) The county board shall provide the compensation of
12Clerks of the Circuit Court, and the amount necessary for clerk
13hire, stationery, fuel and other expenses. Beginning December
141, 1989, the compensation per annum for Clerks of the Circuit
15Court shall be as follows:
16    In counties where the population is:
17Less than 14,000.......................at least $13,500
1814,001-30,000..........................at least $14,500
1930,001-60,000..........................at least $15,000
2060,001-100,000.........................at least $15,000
21100,001-200,000........................at least $16,500
22200,001-300,000........................at least $18,000
23300,001- 3,000,000.....................at least $20,000
24Over 3,000,000.........................at least $55,000
25    (b) In counties in which the population is 3,000,000 or

 

 

HB4594 Enrolled- 123 -LRB100 17151 MRW 32305 b

1less, "base salary" is the compensation paid for each Clerk of
2the Circuit Court, respectively, before July 1, 1989.
3    (c) The Clerks of the Circuit Court, in counties in which
4the population is 3,000,000 or less, shall be compensated as
5follows:
6        (1) Beginning December 1, 1989, base salary plus at
7    least 3% of base salary.
8        (2) Beginning December 1, 1990, base salary plus at
9    least 6% of base salary.
10        (3) Beginning December 1, 1991, base salary plus at
11    least 9% of base salary.
12        (4) Beginning December 1, 1992, base salary plus at
13    least 12% of base salary.
14    (d) In addition to the compensation provided by the county
15board, each Clerk of the Circuit Court shall receive an award
16from the State for the additional duties imposed by Sections
175-9-1 and 5-9-1.2 of the Unified Code of Corrections, Section
1810 of the Violent Crime Victims Assistance Act, Section 16-104a
19of the Illinois Vehicle Code, and other laws, in the following
20amount:
21    (1) $3,500 per year before January 1, 1997.
22    (2) $4,500 per year beginning January 1, 1997.
23    (3) $5,500 per year beginning January 1, 1998.
24    (4) $6,500 per year beginning January 1, 1999.
25The total amount required for such awards shall be appropriated
26each year by the General Assembly to the Supreme Court, which

 

 

HB4594 Enrolled- 124 -LRB100 17151 MRW 32305 b

1shall distribute such awards in annual lump sum payments to the
2Clerks of the Circuit Court in all counties. This annual award,
3and any other award or stipend paid out of State funds to the
4Clerks of the Circuit Court, shall not affect any other
5compensation provided by law to be paid to Clerks of the
6Circuit Court.
7    (e) (Blank).
8    (f) No county board may reduce or otherwise impair the
9compensation payable from county funds to a Clerk of the
10Circuit Court if the reduction or impairment is the result of
11the Clerk of the Circuit Court receiving an award or stipend
12payable from State funds.
13(Source: P.A. 98-24, eff. 6-19-13.)
 
14    (705 ILCS 105/27.3b-1 new)
15    Sec. 27.3b-1. Minimum fines; disbursement of fines.
16    (a) Unless otherwise specified by law, the minimum fine for
17a conviction or supervision disposition on a minor traffic
18offense is $25 and the minimum fine for a conviction,
19supervision disposition, or violation based upon a plea of
20guilty or finding of guilt for any other offense is $75. If the
21court finds that the fine would impose an undue burden on the
22victim, the court may reduce or waive the fine. In this
23subsection (a), "victim" shall not be construed to include the
24defendant.
25    (b) Unless otherwise specified by law, all fines imposed on

 

 

HB4594 Enrolled- 125 -LRB100 17151 MRW 32305 b

1a misdemeanor offense, other than a traffic, conservation, or
2driving under the influence offense, or on a felony offense
3shall be disbursed within 60 days after receipt by the circuit
4clerk to the county treasurer for deposit into the county's
5General Fund. Unless otherwise specified by law, all fines
6imposed on an ordinance offense or a misdemeanor traffic,
7misdemeanor conservation, or misdemeanor driving under the
8influence offense shall be disbursed within 60 days after
9receipt by the circuit clerk to the treasurer of the unit of
10government of the arresting agency. If the arresting agency is
11the office of the sheriff, the county treasurer shall deposit
12the portion into a fund to support the law enforcement
13operations of the office of the sheriff. If the arresting
14agency is a State agency, the State Treasurer shall deposit the
15portion as follows:
16        (1) if the arresting agency is the Department of State
17    Police, into the State Police Law Enforcement
18    Administration Fund;
19        (2) if the arresting agency is the Department of
20    Natural Resources, into the Conservation Police Operations
21    Assistance Fund;
22        (3) if the arresting agency is the Secretary of State,
23    into the Secretary of State Police Services Fund; and
24        (4) if the arresting agency is the Illinois Commerce
25    Commission, into the Public Utility Fund.
 

 

 

HB4594 Enrolled- 126 -LRB100 17151 MRW 32305 b

1    (705 ILCS 105/27.1a rep.)
2    (705 ILCS 105/27.2 rep.)
3    (705 ILCS 105/27.2a rep.)
4    (705 ILCS 105/27.3a rep.)
5    (705 ILCS 105/27.3c rep.)
6    (705 ILCS 105/27.3e rep.)
7    (705 ILCS 105/27.3g rep.)
8    (705 ILCS 105/27.4 rep.)
9    (705 ILCS 105/27.5 rep.)
10    (705 ILCS 105/27.6 rep.)
11    (705 ILCS 105/27.7 rep.)
12    Section 905-57. The Clerks of Courts Act is amended by
13repealing Sections 27.1a, 27.2, 27.2a, 27.3a, 27.3c, 27.3e,
1427.3g, 27.4, 27.5, 27.6, and 27.7.
 
15    Section 905-60. The Juvenile Court Act of 1987 is amended
16by changing Section 5-915 as follows:
 
17    (705 ILCS 405/5-915)
18    Sec. 5-915. Expungement of juvenile law enforcement and
19court records.
20    (0.05) For purposes of this Section:
21        "Dissemination" or "disseminate" means to publish,
22    produce, print, manufacture, distribute, sell, lease,
23    exhibit, broadcast, display, transmit, or otherwise share
24    information in any format so as to make the information

 

 

HB4594 Enrolled- 127 -LRB100 17151 MRW 32305 b

1    accessible to others.
2        "Expunge" means to physically destroy the records and
3    to obliterate the minor's name and juvenile court records
4    from any official index, public record, or electronic
5    database. No evidence of the juvenile court records may be
6    retained by any law enforcement agency, the juvenile court,
7    or by any municipal, county, or State agency or department.
8    Nothing in this Act shall require the physical destruction
9    of the internal office records, files, or databases
10    maintained by a State's Attorney's Office or other
11    prosecutor or by the Office of the Secretary of State.
12        "Juvenile court record" includes, but is not limited
13    to:
14            (a) all documents filed in or maintained by the
15    juvenile court pertaining to a specific incident,
16    proceeding, or individual;
17            (b) all documents relating to a specific incident,
18    proceeding, or individual made available to or maintained
19    by probation officers;
20            (c) all documents, video or audio tapes,
21    photographs, and exhibits admitted into evidence at
22    juvenile court hearings; or
23            (d) all documents, transcripts, records, reports
24    or other evidence prepared by, maintained by, or released
25    by any municipal, county, or State state agency or
26    department, in any format, if indicating involvement with

 

 

HB4594 Enrolled- 128 -LRB100 17151 MRW 32305 b

1    the juvenile court relating to a specific incident,
2    proceeding, or individual.
3        "Law enforcement record" includes, but is not limited
4    to, records of arrest, station adjustments, fingerprints,
5    probation adjustments, the issuance of a notice to appear,
6    or any other records or documents maintained by any law
7    enforcement agency relating to a minor suspected of
8    committing an offense or evidence of interaction with law
9    enforcement.
10    (0.1) (a) The Department of State Police and all law
11enforcement agencies within the State shall automatically
12expunge, on or before January 1 of each year, all law
13enforcement records relating to events occurring before an
14individual's 18th birthday if:
15        (1) one year or more has elapsed since the date of the
16    arrest or law enforcement interaction documented in the
17    records;
18        (2) no petition for delinquency or criminal charges
19    were filed with the clerk of the circuit court relating to
20    the arrest or law enforcement interaction documented in the
21    records; and
22        (3) 6 months have elapsed without an additional
23    subsequent arrest or filing of a petition for delinquency
24    or criminal charges whether related or not to the arrest or
25    law enforcement interaction documented in the records.
26    (b) If the law enforcement agency is unable to verify

 

 

HB4594 Enrolled- 129 -LRB100 17151 MRW 32305 b

1satisfaction of conditions (2) and (3) of this subsection
2(0.1), records that satisfy condition (1) of this subsection
3(0.1) shall be automatically expunged if the records relate to
4an offense that if committed by an adult would not be an
5offense classified as Class 2 felony or higher, an offense
6under Article 11 of the Criminal Code of 1961 or Criminal Code
7of 2012, or an offense under Section 12-13, 12-14, 12-14.1,
812-15, or 12-16 of the Criminal Code of 1961.
9    (0.2) (a) Upon dismissal of a petition alleging delinquency
10or upon a finding of not delinquent, the successful termination
11of an order of supervision, or an adjudication for an offense
12which would be a Class B misdemeanor, Class C misdemeanor, or a
13petty or business offense if committed by an adult, the court
14shall automatically order the expungement of the juvenile court
15and law enforcement records within 60 business days.
16    (b) If the chief law enforcement officer of the agency, or
17his or her designee, certifies in writing that certain
18information is needed for a pending investigation involving the
19commission of a felony, that information, and information
20identifying the juvenile, may be retained in an intelligence
21file until the investigation is terminated or for one
22additional year, whichever is sooner. Retention of a portion of
23a juvenile's law enforcement record does not disqualify the
24remainder of his or her record from immediate automatic
25expungement.
26    (0.3) (a) Upon an adjudication of delinquency based on any

 

 

HB4594 Enrolled- 130 -LRB100 17151 MRW 32305 b

1offense except a disqualified offense, the juvenile court shall
2automatically order the expungement of the juvenile records 2
3years after the juvenile's case was closed if no delinquency or
4criminal proceeding is pending and the person has had no
5subsequent delinquency adjudication or criminal conviction.
6The court shall automatically order the expungement of the
7juvenile court and law enforcement records within 60 business
8days. For the purposes of this subsection (0.3), "disqualified
9offense" means any of the following offenses: Section 8-1.2,
109-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1,
1110-4, 10-5, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
1211-6, 11-6.5, 12-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2,
1312-6.5, 12-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5,
1418-1, 18-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2,
1524-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9,
1629D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal
17Code of 2012, or subsection (b) of Section 8-1, paragraph (4)
18of subsection (a) of Section 11-14.4, subsection (a-5) of
19Section 12-3.1, paragraph (1), (2), or (3) of subsection (a) of
20Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3,
21paragraph (1) or (2) of subsection (a) of Section 12-7.4,
22subparagraph (i) of paragraph (1) of subsection (a) of Section
2312-9, subparagraph (H) of paragraph (3) of subsection (a) of
24Section 24-1.6, paragraph (1) of subsection (a) of Section
2525-1, or subsection (a-7) of Section 31-1 of the Criminal Code
26of 2012.

 

 

HB4594 Enrolled- 131 -LRB100 17151 MRW 32305 b

1    (b) If the chief law enforcement officer of the agency, or
2his or her designee, certifies in writing that certain
3information is needed for a pending investigation involving the
4commission of a felony, that information, and information
5identifying the juvenile, may be retained in an intelligence
6file until the investigation is terminated or for one
7additional year, whichever is sooner. Retention of a portion of
8a juvenile's law enforcement record does not disqualify the
9remainder of his or her record from immediate automatic
10expungement.
11    (1) Nothing in this subsection (1) precludes an eligible
12minor from obtaining expungement under subsection subsections
13(0.1), (0.2), or (0.3). Whenever a person has been arrested,
14charged, or adjudicated delinquent for an incident occurring
15before his or her 18th birthday that if committed by an adult
16would be an offense, and that person's records are not eligible
17for automatic expungement under subsection subsections (0.1),
18(0.2), or (0.3), the person may petition the court at any time
19for expungement of law enforcement records and juvenile court
20records relating to the incident and, upon termination of all
21juvenile court proceedings relating to that incident, the court
22shall order the expungement of all records in the possession of
23the Department of State Police, the clerk of the circuit court,
24and law enforcement agencies relating to the incident, but only
25in any of the following circumstances:
26        (a) the minor was arrested and no petition for

 

 

HB4594 Enrolled- 132 -LRB100 17151 MRW 32305 b

1    delinquency was filed with the clerk of the circuit court;
2        (a-5) the minor was charged with an offense and the
3    petition or petitions were dismissed without a finding of
4    delinquency;
5        (b) the minor was charged with an offense and was found
6    not delinquent of that offense;
7        (c) the minor was placed under supervision pursuant to
8    Section 5-615, and the order of supervision has since been
9    successfully terminated; or
10        (d) the minor was adjudicated for an offense which
11    would be a Class B misdemeanor, Class C misdemeanor, or a
12    petty or business offense if committed by an adult.
13    (1.5) January 1, 2015 (Public Act 98-637) The Department of
14State Police shall allow a person to use the Access and Review
15process, established in the Department of State Police, for
16verifying that his or her law enforcement records relating to
17incidents occurring before his or her 18th birthday eligible
18under this Act have been expunged.
19    (1.6) (Blank). January 1, 2015 (Public Act 98-637) January
201, 2015 (Public Act 98-637)
21    (1.7) (Blank).
22    (1.8) (Blank).
23    (2) Any person whose delinquency adjudications are not
24eligible for automatic expungement under subsection (0.3) of
25this Section may petition the court to expunge all law
26enforcement records relating to any incidents occurring before

 

 

HB4594 Enrolled- 133 -LRB100 17151 MRW 32305 b

1his or her 18th birthday which did not result in proceedings in
2criminal court and all juvenile court records with respect to
3any adjudications except those based upon first degree murder
4or an offense under Article 11 of the Criminal Code of 2012 if
5the person is required to register under the Sex Offender
6Registration Act; provided that:
7        (a) (blank); or
8        (b) 2 years have elapsed since all juvenile court
9    proceedings relating to him or her have been terminated and
10    his or her commitment to the Department of Juvenile Justice
11    under this Act has been terminated.
12    (2.5) If a minor is arrested and no petition for
13delinquency is filed with the clerk of the circuit court at the
14time the minor is released from custody, the youth officer, if
15applicable, or other designated person from the arresting
16agency, shall notify verbally and in writing to the minor or
17the minor's parents or guardians that the minor shall have an
18arrest record and shall provide the minor and the minor's
19parents or guardians with an expungement information packet,
20information regarding this State's expungement laws including
21a petition to expunge juvenile records obtained from the clerk
22of the circuit court.
23    (2.6) If a minor is referred to court then at the time of
24sentencing or dismissal of the case, or successful completion
25of supervision, the judge shall inform the delinquent minor of
26his or her rights regarding expungement and the clerk of the

 

 

HB4594 Enrolled- 134 -LRB100 17151 MRW 32305 b

1circuit court shall provide an expungement information packet
2to the minor, written in plain language, including information
3regarding this State's expungement laws and a petition for
4expungement, a sample of a completed petition, expungement
5instructions that shall include information informing the
6minor that (i) once the case is expunged, it shall be treated
7as if it never occurred, (ii) he or she may apply to have
8petition fees waived, (iii) once he or she obtains an
9expungement, he or she may not be required to disclose that he
10or she had a juvenile record, and (iv) if petitioning he or she
11may file the petition on his or her own or with the assistance
12of an attorney. The failure of the judge to inform the
13delinquent minor of his or her right to petition for
14expungement as provided by law does not create a substantive
15right, nor is that failure grounds for: (i) a reversal of an
16adjudication of delinquency, (ii) a new trial; or (iii) an
17appeal.
18    (2.7) (Blank).
19    (2.8) The petition for expungement for subsection (1) and
20(2) may include multiple offenses on the same petition and
21shall be substantially in the following form:
22
IN THE CIRCUIT COURT OF ......, ILLINOIS
23
........ JUDICIAL CIRCUIT

 
24IN THE INTEREST OF )    NO.
25                   )

 

 

HB4594 Enrolled- 135 -LRB100 17151 MRW 32305 b

1                   )
2...................)
3(Name of Petitioner)
 
4
PETITION TO EXPUNGE JUVENILE RECORDS
5
(705 ILCS 405/5-915 (SUBSECTION 1 AND 2))
6Now comes ............., petitioner, and respectfully requests
7that this Honorable Court enter an order expunging all juvenile
8law enforcement and court records of petitioner and in support
9thereof states that: Petitioner was arrested on ..... by the
10....... Police Department for the offense or offenses of
11......., and:
12(Check All That Apply:)
13( ) a. no petition or petitions were filed with the Clerk of
14the Circuit Court.
15( ) b. was charged with ...... and was found not delinquent of
16the offense or offenses.
17( ) c. a petition or petitions were filed and the petition or
18petitions were dismissed without a finding of delinquency on
19.....
20( ) d. on ....... placed under supervision pursuant to Section
215-615 of the Juvenile Court Act of 1987 and such order of
22supervision successfully terminated on ........
23( ) e. was adjudicated for the offense or offenses, which would
24have been a Class B misdemeanor, a Class C misdemeanor, or a
25petty offense or business offense if committed by an adult.

 

 

HB4594 Enrolled- 136 -LRB100 17151 MRW 32305 b

1( ) f. was adjudicated for a Class A misdemeanor or felony,
2except first degree murder or an offense under Article 11 of
3the Criminal Code of 2012 if the person is required to register
4under the Sex Offender Registration Act, and 2 years have
5passed since the case was closed.
6Petitioner .... has .... has not been arrested on charges in
7this or any county other than the charges listed above. If
8petitioner has been arrested on additional charges, please list
9the charges below:
10Charge(s): ......
11Arresting Agency or Agencies: ...........
12Disposition/Result: (choose from a. through f., above): .....
13WHEREFORE, the petitioner respectfully requests this Honorable
14Court to (1) order all law enforcement agencies to expunge all
15records of petitioner to this incident or incidents, and (2) to
16order the Clerk of the Court to expunge all records concerning
17the petitioner regarding this incident or incidents.
 
18
......................
19
Petitioner (Signature)

 
20
..........................
21
Petitioner's Street Address

 
22
.....................
23
City, State, Zip Code

 

 

 

HB4594 Enrolled- 137 -LRB100 17151 MRW 32305 b

1
.............................
2
Petitioner's Telephone Number

 
3Pursuant to the penalties of perjury under the Code of Civil
4Procedure, 735 ILCS 5/1-109, I hereby certify that the
5statements in this petition are true and correct, or on
6information and belief I believe the same to be true.
 
7
......................
8
Petitioner (Signature)
9first degree
10    (3) The chief judge of the circuit in which an arrest was
11made or a charge was brought or any judge of that circuit
12designated by the chief judge may, upon verified petition of a
13person who is the subject of an arrest or a juvenile court
14proceeding under subsection (1) or (2) of this Section, order
15the law enforcement records or official court file, or both, to
16be expunged from the official records of the arresting
17authority, the clerk of the circuit court and the Department of
18State Police. The person whose records are to be expunged shall
19petition the court using the appropriate form containing his or
20her current address and shall promptly notify the clerk of the
21circuit court of any change of address. Notice of the petition
22shall be served upon the State's Attorney or prosecutor charged
23with the duty of prosecuting the offense, the Department of

 

 

HB4594 Enrolled- 138 -LRB100 17151 MRW 32305 b

1State Police, and the arresting agency or agencies by the clerk
2of the circuit court. If an objection is filed within 45 days
3of the notice of the petition, the clerk of the circuit court
4shall set a date for hearing after the 45-day objection period.
5At the hearing the court shall hear evidence on whether the
6expungement should or should not be granted. Unless the State's
7Attorney or prosecutor, the Department of State Police, or an
8arresting agency objects to the expungement within 45 days of
9the notice, the court may enter an order granting expungement.
10The clerk shall forward a certified copy of the order to the
11Department of State Police and deliver a certified copy of the
12order to the arresting agency.
13    (3.1) The Notice of Expungement shall be in substantially
14the following form:
15
IN THE CIRCUIT COURT OF ....., ILLINOIS
16
.... JUDICIAL CIRCUIT

 
17IN THE INTEREST OF )    NO.
18                   )
19                   )
20...................)
21(Name of Petitioner)
 
22
NOTICE
23TO:  State's Attorney
24TO:  Arresting Agency

 

 

HB4594 Enrolled- 139 -LRB100 17151 MRW 32305 b

1
2................
3................
4
5................
6................
7TO:  Illinois State Police
8
9.....................
10
11.....................
12ATTENTION: Expungement
13You are hereby notified that on ....., at ....., in courtroom
14..., located at ..., before the Honorable ..., Judge, or any
15judge sitting in his/her stead, I shall then and there present
16a Petition to Expunge Juvenile records in the above-entitled
17matter, at which time and place you may appear.
18
......................
19
Petitioner's Signature
20
...........................
21
Petitioner's Street Address
22
.....................
23
City, State, Zip Code
24
.............................
25
Petitioner's Telephone Number
26
PROOF OF SERVICE

 

 

HB4594 Enrolled- 140 -LRB100 17151 MRW 32305 b

1On the ....... day of ......, 20..., I on oath state that I
2served this notice and true and correct copies of the
3above-checked documents by:
4(Check One:)
5delivering copies personally to each entity to whom they are
6directed;
7or
8by mailing copies to each entity to whom they are directed by
9depositing the same in the U.S. Mail, proper postage fully
10prepaid, before the hour of 5:00 p.m., at the United States
11Postal Depository located at .................
12
.........................................
13
14Signature
15
Clerk of the Circuit Court or Deputy Clerk
16Printed Name of Delinquent Minor/Petitioner: ....
17Address: ........................................
18Telephone Number: ...............................
19    (3.2) The Order of Expungement shall be in substantially
20the following form:
21
IN THE CIRCUIT COURT OF ....., ILLINOIS
22
.... JUDICIAL CIRCUIT

 
23IN THE INTEREST OF )    NO.
24                   )
25                   )

 

 

HB4594 Enrolled- 141 -LRB100 17151 MRW 32305 b

1...................)
2(Name of Petitioner)
 
3DOB ................
4Arresting Agency/Agencies ......
5
ORDER OF EXPUNGEMENT
6
(705 ILCS 405/5-915 (SUBSECTION 3))
7This matter having been heard on the petitioner's motion and
8the court being fully advised in the premises does find that
9the petitioner is indigent or has presented reasonable cause to
10waive all costs in this matter, IT IS HEREBY ORDERED that:
11    ( ) 1. Clerk of Court and Department of State Police costs
12are hereby waived in this matter.
13    ( ) 2. The Illinois State Police Bureau of Identification
14and the following law enforcement agencies expunge all records
15of petitioner relating to an arrest dated ...... for the
16offense of ......
17
Law Enforcement Agencies:
18
.........................
19
.........................
20    ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit
21Court expunge all records regarding the above-captioned case.
22
ENTER: ......................
23
24JUDGE
25DATED: .......

 

 

HB4594 Enrolled- 142 -LRB100 17151 MRW 32305 b

1Name:
2Attorney for:
3Address: City/State/Zip:
4Attorney Number:
5    (3.3) The Notice of Objection shall be in substantially the
6following form:
7
IN THE CIRCUIT COURT OF ....., ILLINOIS
8
....................... JUDICIAL CIRCUIT

 
9IN THE INTEREST OF )    NO.
10                   )
11                   )
12...................)
13(Name of Petitioner)
 
14
NOTICE OF OBJECTION
15TO:(Attorney, Public Defender, Minor)
16.................................
17.................................
18TO:(Illinois State Police)
19.................................
20.................................
21TO:(Clerk of the Court)
22.................................
23.................................
24TO:(Judge)

 

 

HB4594 Enrolled- 143 -LRB100 17151 MRW 32305 b

1.................................
2.................................
3TO:(Arresting Agency/Agencies)
4.................................
5.................................
6ATTENTION: You are hereby notified that an objection has been
7filed by the following entity regarding the above-named minor's
8petition for expungement of juvenile records:
9( ) State's Attorney's Office;
10( ) Prosecutor (other than State's Attorney's Office) charged
11with the duty of prosecuting the offense sought to be expunged;
12( ) Department of Illinois State Police; or
13( ) Arresting Agency or Agencies.
14The agency checked above respectfully requests that this case
15be continued and set for hearing on whether the expungement
16should or should not be granted.
17DATED: .......
18Name:
19Attorney For:
20Address:
21City/State/Zip:
22Telephone:
23Attorney No.:
24
FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
25This matter has been set for hearing on the foregoing
26objection, on ...... in room ...., located at ....., before the

 

 

HB4594 Enrolled- 144 -LRB100 17151 MRW 32305 b

1Honorable ....., Judge, or any judge sitting in his/her stead.
2(Only one hearing shall be set, regardless of the number of
3Notices of Objection received on the same case).
4A copy of this completed Notice of Objection containing the
5court date, time, and location, has been sent via regular U.S.
6Mail to the following entities. (If more than one Notice of
7Objection is received on the same case, each one must be
8completed with the court date, time and location and mailed to
9the following entities):
10( ) Attorney, Public Defender or Minor;
11( ) State's Attorney's Office;
12( ) Prosecutor (other than State's Attorney's Office) charged
13with the duty of prosecuting the offense sought to be expunged;
14( ) Department of Illinois State Police; and
15( ) Arresting agency or agencies.
16Date: ......
17Initials of Clerk completing this section: .....
18    (4)(a) Upon entry of an order expunging records or files,
19the offense, which the records or files concern shall be
20treated as if it never occurred. Law enforcement officers and
21other public offices and agencies shall properly reply on
22inquiry that no record or file exists with respect to the
23person.
24    (a-5) Local law enforcement agencies shall send written
25notice to the minor of the expungement of any records within 60
26days of automatic expungement or the date of service of an

 

 

HB4594 Enrolled- 145 -LRB100 17151 MRW 32305 b

1expungement order, whichever applies. If a minor's court file
2has been expunged, the clerk of the circuit court shall send
3written notice to the minor of the expungement of any records
4within 60 days of automatic expungement or the date of service
5of an expungement order, whichever applies.
6    (b) Except with respect to authorized military personnel,
7an expunged juvenile record may not be considered by any
8private or public entity in employment matters, certification,
9licensing, revocation of certification or licensure, or
10registration. Applications for employment within the State
11must contain specific language that states that the applicant
12is not obligated to disclose expunged juvenile records of
13adjudication or arrest. Employers may not ask, in any format or
14context, if an applicant has had a juvenile record expunged.
15Information about an expunged record obtained by a potential
16employer, even inadvertently, from an employment application
17that does not contain specific language that states that the
18applicant is not obligated to disclose expunged juvenile
19records of adjudication or arrest, shall be treated as
20dissemination of an expunged record by the employer.
21    (c) A person whose juvenile records have been expunged is
22not entitled to remission of any fines, costs, or other money
23paid as a consequence of expungement.
24    (5) (Blank).,
25    (5.5) Whether or not expunged, records eligible for
26automatic expungement under subdivision (0.1)(a), (0.2)(a), or

 

 

HB4594 Enrolled- 146 -LRB100 17151 MRW 32305 b

1(0.3)(a) may be treated as expunged by the individual subject
2to the records.
3    (6) Nothing in this Section shall be construed to prohibit
4the maintenance of information relating to an offense after
5records or files concerning the offense have been expunged if
6the information is kept in a manner that does not enable
7identification of the individual. This information may only be
8used for anonymous statistical and bona fide research purposes.
9    (6.5) The Department of State Police or any employee of the
10Department shall be immune from civil or criminal liability for
11failure to expunge any records of arrest that are subject to
12expungement under this Section because of inability to verify a
13record. Nothing in this Section shall create Department of
14State Police liability or responsibility for the expungement of
15law enforcement records it does not possess.
16    (7)(a) The State Appellate Defender shall establish,
17maintain, and carry out, by December 31, 2004, a juvenile
18expungement program to provide information and assistance to
19minors eligible to have their juvenile records expunged.
20    (b) The State Appellate Defender shall develop brochures,
21pamphlets, and other materials in printed form and through the
22agency's World Wide Web site. The pamphlets and other materials
23shall include at a minimum the following information:
24        (i) An explanation of the State's juvenile expungement
25    laws, including both automatic expungement and expungement
26    by petition;

 

 

HB4594 Enrolled- 147 -LRB100 17151 MRW 32305 b

1        (ii) The circumstances under which juvenile
2    expungement may occur;
3        (iii) The juvenile offenses that may be expunged;
4        (iv) The steps necessary to initiate and complete the
5    juvenile expungement process; and
6        (v) Directions on how to contact the State Appellate
7    Defender.
8    (c) The State Appellate Defender shall establish and
9maintain a statewide toll-free telephone number that a person
10may use to receive information or assistance concerning the
11expungement of juvenile records. The State Appellate Defender
12shall advertise the toll-free telephone number statewide. The
13State Appellate Defender shall develop an expungement
14information packet that may be sent to eligible persons seeking
15expungement of their juvenile records, which may include, but
16is not limited to, a pre-printed expungement petition with
17instructions on how to complete the petition and a pamphlet
18containing information that would assist individuals through
19the juvenile expungement process.
20    (d) The State Appellate Defender shall compile a statewide
21list of volunteer attorneys willing to assist eligible
22individuals through the juvenile expungement process.
23    (e) This Section shall be implemented from funds
24appropriated by the General Assembly to the State Appellate
25Defender for this purpose. The State Appellate Defender shall
26employ the necessary staff and adopt the necessary rules for

 

 

HB4594 Enrolled- 148 -LRB100 17151 MRW 32305 b

1implementation of this Section.
2    (7.5) (a) Willful dissemination of any information
3contained in an expunged record shall be treated as a Class C
4misdemeanor and punishable by a fine of $1,000 per violation.
5    (b) Willful dissemination for financial gain of any
6information contained in an expunged record shall be treated as
7a Class 4 felony. Dissemination for financial gain by an
8employee of any municipal, county, or State agency, including
9law enforcement, shall result in immediate termination.
10    (c) The person whose record was expunged has a right of
11action against any person who intentionally disseminates an
12expunged record. In the proceeding, punitive damages up to an
13amount of $1,000 may be sought in addition to any actual
14damages. The prevailing party shall be entitled to costs and
15reasonable attorney fees.
16    (d) The punishments for dissemination of an expunged record
17shall never apply to the person whose record was expunged.
18    (8)(a) An expunged juvenile record may not be considered by
19any private or public entity in employment matters,
20certification, licensing, revocation of certification or
21licensure, or registration. Applications for employment must
22contain specific language that states that the applicant is not
23obligated to disclose expunged juvenile records of
24adjudication, conviction, or arrest. Employers may not ask if
25an applicant has had a juvenile record expunged. Effective
26January 1, 2005, the Department of Labor shall develop a link

 

 

HB4594 Enrolled- 149 -LRB100 17151 MRW 32305 b

1on the Department's website to inform employers that employers
2may not ask if an applicant had a juvenile record expunged and
3that application for employment must contain specific language
4that states that the applicant is not obligated to disclose
5expunged juvenile records of adjudication, arrest, or
6conviction.
7    (b) (Blank). Public Act 93-912
8    (c) The expungement of juvenile records under subsection
9subsections 0.1, 0.2, or 0.3 of this Section shall be funded by
10appropriation by the General Assembly for that purpose the
11additional fine imposed under Section 5-9-1.17 of the Unified
12Code of Corrections.
13    (9) (Blank).
14    (10) (Blank). Public Act 98-637 Public Act 98-637
15(Source: P.A. 99-835, eff. 1-1-17; 99-881, eff. 1-1-17;
16100-201, eff. 8-18-17; 100-285, eff. 1-1-18; revised
1710-10-17.)
 
18    Section 905-65. The Criminal Code of 2012 is amended by
19changing Section 12-3.4 as follows:
 
20    (720 ILCS 5/12-3.4)  (was 720 ILCS 5/12-30)
21    Sec. 12-3.4. Violation of an order of protection.
22    (a) A person commits violation of an order of protection
23if:
24        (1) He or she knowingly commits an act which was

 

 

HB4594 Enrolled- 150 -LRB100 17151 MRW 32305 b

1    prohibited by a court or fails to commit an act which was
2    ordered by a court in violation of:
3            (i) a remedy in a valid order of protection
4        authorized under paragraphs (1), (2), (3), (14), or
5        (14.5) of subsection (b) of Section 214 of the Illinois
6        Domestic Violence Act of 1986,
7            (ii) a remedy, which is substantially similar to
8        the remedies authorized under paragraphs (1), (2),
9        (3), (14) or (14.5) of subsection (b) of Section 214 of
10        the Illinois Domestic Violence Act of 1986, in a valid
11        order of protection, which is authorized under the laws
12        of another state, tribe or United States territory,
13            (iii) any other remedy when the act constitutes a
14        crime against the protected parties as the term
15        protected parties is defined in Section 112A-4 of the
16        Code of Criminal Procedure of 1963; and
17        (2) Such violation occurs after the offender has been
18    served notice of the contents of the order, pursuant to the
19    Illinois Domestic Violence Act of 1986 or any substantially
20    similar statute of another state, tribe or United States
21    territory, or otherwise has acquired actual knowledge of
22    the contents of the order.
23    An order of protection issued by a state, tribal or
24territorial court related to domestic or family violence shall
25be deemed valid if the issuing court had jurisdiction over the
26parties and matter under the law of the state, tribe or

 

 

HB4594 Enrolled- 151 -LRB100 17151 MRW 32305 b

1territory. There shall be a presumption of validity where an
2order is certified and appears authentic on its face. For
3purposes of this Section, an "order of protection" may have
4been issued in a criminal or civil proceeding.
5    (a-5) Failure to provide reasonable notice and opportunity
6to be heard shall be an affirmative defense to any charge or
7process filed seeking enforcement of a foreign order of
8protection.
9    (b) Nothing in this Section shall be construed to diminish
10the inherent authority of the courts to enforce their lawful
11orders through civil or criminal contempt proceedings.
12    (c) The limitations placed on law enforcement liability by
13Section 305 of the Illinois Domestic Violence Act of 1986 apply
14to actions taken under this Section.
15    (d) Violation of an order of protection is a Class A
16misdemeanor. Violation of an order of protection is a Class 4
17felony if the defendant has any prior conviction under this
18Code for domestic battery (Section 12-3.2) or violation of an
19order of protection (Section 12-3.4 or 12-30) or any prior
20conviction under the law of another jurisdiction for an offense
21that could be charged in this State as a domestic battery or
22violation of an order of protection. Violation of an order of
23protection is a Class 4 felony if the defendant has any prior
24conviction under this Code for first degree murder (Section
259-1), attempt to commit first degree murder (Section 8-4),
26aggravated domestic battery (Section 12-3.3), aggravated

 

 

HB4594 Enrolled- 152 -LRB100 17151 MRW 32305 b

1battery (Section 12-3.05 or 12-4), heinous battery (Section
212-4.1), aggravated battery with a firearm (Section 12-4.2),
3aggravated battery with a machine gun or a firearm equipped
4with a silencer (Section 12-4.2-5), aggravated battery of a
5child (Section 12-4.3), aggravated battery of an unborn child
6(subsection (a-5) of Section 12-3.1, or Section 12-4.4),
7aggravated battery of a senior citizen (Section 12-4.6),
8stalking (Section 12-7.3), aggravated stalking (Section
912-7.4), criminal sexual assault (Section 11-1.20 or 12-13),
10aggravated criminal sexual assault (Section 11-1.30 or 12-14),
11kidnapping (Section 10-1), aggravated kidnapping (Section
1210-2), predatory criminal sexual assault of a child (Section
1311-1.40 or 12-14.1), aggravated criminal sexual abuse (Section
1411-1.60 or 12-16), unlawful restraint (Section 10-3),
15aggravated unlawful restraint (Section 10-3.1), aggravated
16arson (Section 20-1.1), aggravated discharge of a firearm
17(Section 24-1.2), or a violation of any former law of this
18State that is substantially similar to any listed offense, or
19any prior conviction under the law of another jurisdiction for
20an offense that could be charged in this State as one of the
21offenses listed in this Section, when any of these offenses
22have been committed against a family or household member as
23defined in Section 112A-3 of the Code of Criminal Procedure of
241963. The court shall impose a minimum penalty of 24 hours
25imprisonment for defendant's second or subsequent violation of
26any order of protection; unless the court explicitly finds that

 

 

HB4594 Enrolled- 153 -LRB100 17151 MRW 32305 b

1an increased penalty or such period of imprisonment would be
2manifestly unjust. In addition to any other penalties, the
3court may order the defendant to pay a fine as authorized under
4Section 5-9-1 of the Unified Code of Corrections or to make
5restitution to the victim under Section 5-5-6 of the Unified
6Code of Corrections. In addition to any other penalties,
7including those imposed by Section 5-9-1.5 of the Unified Code
8of Corrections, the court shall impose an additional fine of
9$20 as authorized by Section 5-9-1.11 of the Unified Code of
10Corrections upon any person convicted of or placed on
11supervision for a violation of this Section. The additional
12fine shall be imposed for each violation of this Section.
13    (e) (Blank).
14    (f) A defendant who directed the actions of a third party
15to violate this Section, under the principles of accountability
16set forth in Article 5 of this Code, is guilty of violating
17this Section as if the same had been personally done by the
18defendant, without regard to the mental state of the third
19party acting at the direction of the defendant.
20(Source: P.A. 96-1551, Article 1, Section 5, eff. 7-1-11;
2196-1551, Article 2, Section 1035, eff. 7-1-11; incorporates
2297-311, eff. 8-11-11; 97-919, eff. 8-10-12; 97-1109, eff.
231-1-13.)
 
24    (720 ILCS 550/10.3 rep.)
25    Section 905-67. The Cannabis Control Act is amended by

 

 

HB4594 Enrolled- 154 -LRB100 17151 MRW 32305 b

1repealing Section 10.3.
 
2    Section 905-70. The Illinois Controlled Substances Act is
3amended by changing Section 411.2 as follows:
 
4    (720 ILCS 570/411.2)  (from Ch. 56 1/2, par. 1411.2)
5    Sec. 411.2. Drug Treatment Fund; drug treatment grants.
6    (a) (Blank). Every person convicted of a violation of this
7Act, and every person placed on probation, conditional
8discharge, supervision or probation under Section 410 of this
9Act, shall be assessed for each offense a sum fixed at:
10        (1) $3,000 for a Class X felony;
11        (2) $2,000 for a Class 1 felony;
12        (3) $1,000 for a Class 2 felony;
13        (4) $500 for a Class 3 or Class 4 felony;
14        (5) $300 for a Class A misdemeanor;
15        (6) $200 for a Class B or Class C misdemeanor.
16    (b) (Blank). The assessment under this Section is in
17addition to and not in lieu of any fines, restitution costs,
18forfeitures or other assessments authorized or required by law.
19    (c) (Blank). As a condition of the assessment, the court
20may require that payment be made in specified installments or
21within a specified period of time. If the assessment is not
22paid within the period of probation, conditional discharge or
23supervision to which the defendant was originally sentenced,
24the court may extend the period of probation, conditional

 

 

HB4594 Enrolled- 155 -LRB100 17151 MRW 32305 b

1discharge or supervision pursuant to Section 5-6-2 or 5-6-3.1
2of the Unified Code of Corrections, as applicable, until the
3assessment is paid or until successful completion of public or
4community service set forth in subsection (e) or the successful
5completion of the substance abuse intervention or treatment
6program set forth in subsection (f). If a term of probation,
7conditional discharge or supervision is not imposed, the
8assessment shall be payable upon judgment or as directed by the
9court.
10    (d) (Blank). If an assessment for a violation of this Act
11is imposed on an organization, it is the duty of each
12individual authorized to make disbursements of the assets of
13the organization to pay the assessment from assets of the
14organization.
15    (e) (Blank). A defendant who has been ordered to pay an
16assessment may petition the court to convert all or part of the
17assessment into court-approved public or community service.
18One hour of public or community service shall be equivalent to
19$4 of assessment. The performance of this public or community
20service shall be a condition of the probation, conditional
21discharge or supervision and shall be in addition to the
22performance of any other period of public or community service
23ordered by the court or required by law.
24    (f) (Blank). The court may suspend the collection of the
25assessment imposed under this Section; provided the defendant
26agrees to enter a substance abuse intervention or treatment

 

 

HB4594 Enrolled- 156 -LRB100 17151 MRW 32305 b

1program approved by the court; and further provided that the
2defendant agrees to pay for all or some portion of the costs
3associated with the intervention or treatment program. In this
4case, the collection of the assessment imposed under this
5Section shall be suspended during the defendant's
6participation in the approved intervention or treatment
7program. Upon successful completion of the program, the
8defendant may apply to the court to reduce the assessment
9imposed under this Section by any amount actually paid by the
10defendant for his or her participation in the program. The
11court shall not reduce the penalty under this subsection unless
12the defendant establishes to the satisfaction of the court that
13he or she has successfully completed the intervention or
14treatment program. If the defendant's participation is for any
15reason terminated before his or her successful completion of
16the intervention or treatment program, collection of the entire
17assessment imposed under this Section shall be enforced.
18Nothing in this Section shall be deemed to affect or suspend
19any other fines, restitution costs, forfeitures or assessments
20imposed under this or any other Act.
21    (g) (Blank). The court shall not impose more than one
22assessment per complaint, indictment or information. If the
23person is convicted of more than one offense in a complaint,
24indictment or information, the assessment shall be based on the
25highest class offense for which the person is convicted.
26    (h) The In counties under 3,000,000, all moneys collected

 

 

HB4594 Enrolled- 157 -LRB100 17151 MRW 32305 b

1under this Section shall be forwarded by the clerk of the
2circuit court to the State Treasurer for deposit in the Drug
3Treatment Fund, which is hereby established as a special fund
4within the State Treasury. The Department of Human Services may
5make grants to persons licensed under Section 15-10 of the
6Alcoholism and Other Drug Abuse and Dependency Act or to
7municipalities or counties from funds appropriated to the
8Department from the Drug Treatment Fund for the treatment of
9pregnant women who are addicted to alcohol, cannabis or
10controlled substances and for the needed care of minor,
11unemancipated children of women undergoing residential drug
12treatment. If the Department of Human Services grants funds to
13a municipality or a county that the Department determines is
14not experiencing a problem with pregnant women addicted to
15alcohol, cannabis or controlled substances, or with care for
16minor, unemancipated children of women undergoing residential
17drug treatment, or intervention, the funds shall be used for
18the treatment of any person addicted to alcohol, cannabis or
19controlled substances. The Department may adopt such rules as
20it deems appropriate for the administration of such grants.
21    (i) (Blank). In counties over 3,000,000, all moneys
22collected under this Section shall be forwarded to the County
23Treasurer for deposit into the County Health Fund. The County
24Treasurer shall, no later than the 15th day of each month,
25forward to the State Treasurer 30 percent of all moneys
26collected under this Act and received into the County Health

 

 

HB4594 Enrolled- 158 -LRB100 17151 MRW 32305 b

1Fund since the prior remittance to the State Treasurer. Funds
2retained by the County shall be used for community-based
3treatment of pregnant women who are addicted to alcohol,
4cannabis, or controlled substances or for the needed care of
5minor, unemancipated children of these women. Funds forwarded
6to the State Treasurer shall be deposited into the State Drug
7Treatment Fund maintained by the State Treasurer from which the
8Department of Human Services may make grants to persons
9licensed under Section 15-10 of the Alcoholism and Other Drug
10Abuse and Dependency Act or to municipalities or counties from
11funds appropriated to the Department from the Drug Treatment
12Fund, provided that the moneys collected from each county be
13returned proportionately to the counties through grants to
14licensees located within the county from which the assessment
15was received and moneys in the State Drug Treatment Fund shall
16not supplant other local, State or federal funds. If the
17Department of Human Services grants funds to a municipality or
18county that the Department determines is not experiencing a
19problem with pregnant women addicted to alcohol, cannabis or
20controlled substances, or with care for minor, unemancipated
21children or women undergoing residential drug treatment, the
22funds shall be used for the treatment of any person addicted to
23alcohol, cannabis or controlled substances. The Department may
24adopt such rules as it deems appropriate for the administration
25of such grants.
26(Source: P.A. 97-334, eff. 1-1-12.)
 

 

 

HB4594 Enrolled- 159 -LRB100 17151 MRW 32305 b

1    (720 ILCS 570/411.4 rep.)
2    Section 905-73. The Illinois Controlled Substances Act is
3amended by repealing Section 411.4.
 
4    Section 905-75. The Methamphetamine Control and Community
5Protection Act is amended by changing Sections 80 and 90 as
6follows:
 
7    (720 ILCS 646/80)
8    Sec. 80. Drug treatment grants Assessment.
9    (a) (Blank). Every person convicted of a violation of this
10Act, and every person placed on probation, conditional
11discharge, supervision, or probation under this Act, shall be
12assessed for each offense a sum fixed at:
13        (1) $3,000 for a Class X felony;
14        (2) $2,000 for a Class 1 felony;
15        (3) $1,000 for a Class 2 felony;
16        (4) $500 for a Class 3 or Class 4 felony.
17    (b) (Blank). The assessment under this Section is in
18addition to and not in lieu of any fines, restitution, costs,
19forfeitures, or other assessments authorized or required by
20law.
21    (c) (Blank). As a condition of the assessment, the court
22may require that payment be made in specified installments or
23within a specified period of time. If the assessment is not

 

 

HB4594 Enrolled- 160 -LRB100 17151 MRW 32305 b

1paid within the period of probation, conditional discharge, or
2supervision to which the defendant was originally sentenced,
3the court may extend the period of probation, conditional
4discharge, or supervision pursuant to Section 5-6-2 or 5-6-3.1
5of the Unified Code of Corrections, as applicable, until the
6assessment is paid or until successful completion of public or
7community service set forth in subsection (e) or the successful
8completion of the substance abuse intervention or treatment
9program set forth in subsection (f). If a term of probation,
10conditional discharge, or supervision is not imposed, the
11assessment shall be payable upon judgment or as directed by the
12court.
13    (d) (Blank). If an assessment for a violation of this Act
14is imposed on an organization, it is the duty of each
15individual authorized to make disbursements of the assets of
16the organization to pay the assessment from assets of the
17organization.
18    (e) (Blank). A defendant who has been ordered to pay an
19assessment may petition the court to convert all or part of the
20assessment into court-approved public or community service.
21One hour of public or community service shall be equivalent to
22$4 of assessment. The performance of this public or community
23service shall be a condition of the probation, conditional
24discharge, or supervision and shall be in addition to the
25performance of any other period of public or community service
26ordered by the court or required by law.

 

 

HB4594 Enrolled- 161 -LRB100 17151 MRW 32305 b

1    (f) (Blank). The court may suspend the collection of the
2assessment imposed under this Section if the defendant agrees
3to enter a substance abuse intervention or treatment program
4approved by the court and the defendant agrees to pay for all
5or some portion of the costs associated with the intervention
6or treatment program. In this case, the collection of the
7assessment imposed under this Section shall be suspended during
8the defendant's participation in the approved intervention or
9treatment program. Upon successful completion of the program,
10the defendant may apply to the court to reduce the assessment
11imposed under this Section by any amount actually paid by the
12defendant for his or her participation in the program. The
13court shall not reduce the penalty under this subsection unless
14the defendant establishes to the satisfaction of the court that
15he or she has successfully completed the intervention or
16treatment program. If the defendant's participation is for any
17reason terminated before his or her successful completion of
18the intervention or treatment program, collection of the entire
19assessment imposed under this Section shall be enforced.
20Nothing in this Section shall be deemed to affect or suspend
21any other fines, restitution costs, forfeitures, or
22assessments imposed under this or any other Act.
23    (g) (Blank). The court shall not impose more than one
24assessment per complaint, indictment, or information. If the
25person is convicted of more than one offense in a complaint,
26indictment, or information, the assessment shall be based on

 

 

HB4594 Enrolled- 162 -LRB100 17151 MRW 32305 b

1the highest class offense for which the person is convicted.
2    (h) In counties with a population under 3,000,000, all
3moneys collected under this Section shall be forwarded by the
4clerk of the circuit court to the State Treasurer for deposit
5in the Drug Treatment Fund. The Department of Human Services
6may make grants to persons licensed under Section 15-10 of the
7Alcoholism and Other Drug Abuse and Dependency Act or to
8municipalities or counties from funds appropriated to the
9Department from the Drug Treatment Fund for the treatment of
10pregnant women who are addicted to alcohol, cannabis or
11controlled substances and for the needed care of minor,
12unemancipated children of women undergoing residential drug
13treatment. If the Department of Human Services grants funds to
14a municipality or a county that the Department determines is
15not experiencing a problem with pregnant women addicted to
16alcohol, cannabis or controlled substances, or with care for
17minor, unemancipated children of women undergoing residential
18drug treatment, or intervention, the funds shall be used for
19the treatment of any person addicted to alcohol, cannabis, or
20controlled substances. The Department may adopt such rules as
21it deems appropriate for the administration of such grants.
22    (i) (Blank). In counties with a population of 3,000,000 or
23more, all moneys collected under this Section shall be
24forwarded to the County Treasurer for deposit into the County
25Health Fund. The County Treasurer shall, no later than the 15th
26day of each month, forward to the State Treasurer 30 percent of

 

 

HB4594 Enrolled- 163 -LRB100 17151 MRW 32305 b

1all moneys collected under this Act and received into the
2County Health Fund since the prior remittance to the State
3Treasurer. Funds retained by the County shall be used for
4community-based treatment of pregnant women who are addicted to
5alcohol, cannabis, or controlled substances or for the needed
6care of minor, unemancipated children of these women. Funds
7forwarded to the State Treasurer shall be deposited into the
8State Drug Treatment Fund maintained by the State Treasurer
9from which the Department of Human Services may make grants to
10persons licensed under Section 15-10 of the Alcoholism and
11Other Drug Abuse and Dependency Act or to municipalities or
12counties from funds appropriated to the Department from the
13Drug Treatment Fund, provided that the moneys collected from
14each county be returned proportionately to the counties through
15grants to licensees located within the county from which the
16assessment was received and moneys in the State Drug Treatment
17Fund shall not supplant other local, State or federal funds. If
18the Department of Human Services grants funds to a municipality
19or county that the Department determines is not experiencing a
20problem with pregnant women addicted to alcohol, cannabis or
21controlled substances, or with care for minor, unemancipated
22children or women undergoing residential drug treatment, the
23funds shall be used for the treatment of any person addicted to
24alcohol, cannabis or controlled substances. The Department may
25adopt such rules as it deems appropriate for the administration
26of such grants.

 

 

HB4594 Enrolled- 164 -LRB100 17151 MRW 32305 b

1(Source: P.A. 94-556, eff. 9-11-05.)
 
2    (720 ILCS 646/90)
3    Sec. 90. Methamphetamine restitution.
4    (a) If a person commits a violation of this Act in a manner
5that requires an emergency response, the person shall be
6required to make restitution to all public entities involved in
7the emergency response, to cover the reasonable cost of their
8participation in the emergency response, including but not
9limited to regular and overtime costs incurred by local law
10enforcement agencies and private contractors paid by the public
11agencies in securing the site. The convicted person shall make
12this restitution in addition to any other fine or penalty
13required by law.
14    (b) Any restitution payments made under this Section shall
15be disbursed equitably by the circuit clerk in the following
16order:
17        (1) first, to the agency responsible for the mitigation
18    of the incident;
19        (2) second, to the local agencies involved in the
20    emergency response;
21        (3) third, to the State agencies involved in the
22    emergency response; and
23        (4) fourth, to the federal agencies involved in the
24    emergency response.
25    (c) In addition to any other penalties and liabilities, a

 

 

HB4594 Enrolled- 165 -LRB100 17151 MRW 32305 b

1person who is convicted of violating any Section of this Act,
2whose violation proximately caused any incident resulting in an
3appropriate emergency response, shall be assessed a fine of
4$2,500, payable to the circuit clerk, who shall distribute the
5money to the law enforcement agency responsible for the
6mitigation of the incident. If the person has been previously
7convicted of violating any Section of this Act, the fine shall
8be $5,000 and the circuit clerk shall distribute the money to
9the law enforcement agency responsible for the mitigation of
10the incident. In the event that more than one agency is
11responsible for an arrest which does not require mitigation,
12the amount payable to law enforcement agencies shall be shared
13equally. Any moneys received by a law enforcement agency under
14this Section shall be used for law enforcement expenses.
15    Any moneys collected for the Illinois State Police shall be
16remitted to the State Treasurer and deposited into the State
17Police Operations Assistance Fund Traffic and Criminal
18Conviction Surcharge Fund.
19(Source: P.A. 97-434, eff. 1-1-12.)
 
20    Section 905-80. The Code of Criminal Procedure of 1963 is
21amended by adding Section 124A-20 as follows:
 
22    (725 ILCS 5/124A-20 new)
23    Sec. 124A-20. Assessment waiver.
24    (a) As used in this Section:

 

 

HB4594 Enrolled- 166 -LRB100 17151 MRW 32305 b

1        "Assessments" means any costs imposed on a criminal
2    defendant under Article 15 of the Criminal and Traffic
3    Assessment Act, but does not include violation of the
4    Illinois Vehicle Code assessments.
5        "Indigent person" means any person who meets one or
6    more of the following criteria:
7            (1) He or she is receiving assistance under one or
8        more of the following means-based governmental public
9        benefits programs: Supplemental Security Income; Aid
10        to the Aged, Blind and Disabled; Temporary Assistance
11        for Needy Families; Supplemental Nutrition Assistance
12        Program; General Assistance; Transitional Assistance;
13        or State Children and Family Assistance.
14            (2) His or her available personal income is 200% or
15        less of the current poverty level, unless the
16        applicant's assets that are not exempt under Part 9 or
17        10 of Article XII of the Code of Civil Procedure are of
18        a nature and value that the court determines that the
19        applicant is able to pay the assessments.
20            (3) He or she is, in the discretion of the court,
21        unable to proceed in an action with payment of
22        assessments and whose payment of those assessments
23        would result in substantial hardship to the person or
24        his or her family.
25        "Poverty level" means the current poverty level as
26    established by the United States Department of Health and

 

 

HB4594 Enrolled- 167 -LRB100 17151 MRW 32305 b

1    Human Services.
2    (b) Upon the application of any defendant, after the
3commencement of an action, but no later than 30 days after
4sentencing:
5        (1) If the court finds that the applicant is an
6    indigent person, the court shall grant the applicant a full
7    assessment waiver exempting him or her from the payment of
8    any assessments.
9        (2) The court shall grant the applicant a partial
10    assessment as follows:
11            (A) 75% of all assessments shall be waived if the
12        applicant's available income is greater than 200% but
13        no more than 250% of the poverty level, unless the
14        applicant's assets that are not exempt under Part 9 or
15        10 of Article XII of the Code of Civil Procedure are
16        such that the applicant is able, without undue
17        hardship, to pay the total assessments.
18            (B) 50% of all assessments shall be waived if the
19        applicant's available income is greater than 250% but
20        no more than 300% of the poverty level, unless the
21        applicant's assets that are not exempt under Part 9 or
22        10 of Article XII of the Code of Civil Procedure are
23        such that the court determines that the applicant is
24        able, without undue hardship, to pay a greater portion
25        of the assessments.
26            (C) 25% of all assessments shall be waived if the

 

 

HB4594 Enrolled- 168 -LRB100 17151 MRW 32305 b

1        applicant's available income is greater than 300% but
2        no more than 400% of the poverty level, unless the
3        applicant's assets that are not exempt under Part 9 or
4        10 of Article XII of the Code of Civil Procedure are
5        such that the court determines that the applicant is
6        able, without undue hardship, to pay a greater portion
7        of the assessments.
8    (c) An application for a waiver of assessments shall be in
9writing, signed by the defendant or, if the defendant is a
10minor, by another person having knowledge of the facts, and
11filed no later than 30 days after sentencing. The contents of
12the application for a waiver of assessments, and the procedure
13for deciding the applications, shall be established by Supreme
14Court Rule. Factors to consider in evaluating an application
15shall include:
16        (1) the applicant's receipt of needs based
17    governmental public benefits, including Supplemental
18    Security Income (SSI); Aid to the Aged, Blind and Disabled
19    (ADBD); Temporary Assistance for Needy Families (TANF);
20    Supplemental Nutrition Assistance Program (SNAP or "food
21    stamps"); General Assistance; Transitional Assistance; or
22    State Children and Family Assistance;
23        (2) the employment status of the applicant and amount
24    of monthly income, if any;
25        (3) income received from the applicant's pension,
26    Social Security benefits, unemployment benefits, and other

 

 

HB4594 Enrolled- 169 -LRB100 17151 MRW 32305 b

1    sources;
2        (4) income received by the applicant from other
3    household members;
4        (5) the applicant's monthly expenses, including rent,
5    home mortgage, other mortgage, utilities, food, medical,
6    vehicle, childcare, debts, child support, and other
7    expenses; and
8        (6) financial affidavits or other similar supporting
9    documentation provided by the applicant showing that
10    payment of the imposed assessments would result in
11    substantial hardship to the applicant or the applicant's
12    family.
13    (d) The clerk of court shall provide the application for a
14waiver of assessments to any defendant who indicates an
15inability to pay the assessments. The clerk of the court shall
16post in a conspicuous place in the courthouse a notice, no
17smaller than 8.5 x 11 inches and using no smaller than 30-point
18typeface printed in English and in Spanish, advising criminal
19defendants they may ask the court for a waiver of any court
20ordered assessments. The notice shall be substantially as
21follows:
22        "If you are unable to pay the required assessments, you
23    may ask the court to waive payment of them. Ask the clerk
24    of the court for forms."
25    (e) For good cause shown, the court may allow an applicant
26whose application is denied or who receives a partial

 

 

HB4594 Enrolled- 170 -LRB100 17151 MRW 32305 b

1assessment waiver to defer payment of the assessments, make
2installment payments, or make payment upon reasonable terms and
3conditions stated in the order.
4    (f) Nothing in this Section shall be construed to affect
5the right of a party to court-appointed counsel, as authorized
6by any other provision of law or by the rules of the Illinois
7Supreme Court.
8    (g) The provisions of this Section are severable under
9Section 1.31 of the Statute on Statutes.
 
10    Section 905-85. The Violent Crime Victims Assistance Act is
11amended by changing Section 10 as follows:
 
12    (725 ILCS 240/10)  (from Ch. 70, par. 510)
13    Sec. 10. Violent Crime Victims Assistance Fund.
14    (a) The "Violent Crime Victims Assistance Fund" is created
15as a special fund in the State Treasury to provide monies for
16the grants to be awarded under this Act.
17    (b) (Blank). When any person is convicted in Illinois of an
18offense listed below, or placed on supervision for that offense
19on or after July 1, 2012, the court shall impose the following
20fines:
21        (1) $100 for any felony;
22        (2) $50 for any offense under the Illinois Vehicle
23    Code, exclusive of offenses enumerated in paragraph (a)(2)
24    of Section 6-204 of that Code, and exclusive of any offense

 

 

HB4594 Enrolled- 171 -LRB100 17151 MRW 32305 b

1    enumerated in Article VI of Chapter 11 of that Code
2    relating to restrictions, regulations, and limitations on
3    the speed at which a motor vehicle is driven or operated;
4    and
5        (3) $75 for any misdemeanor, excluding a conservation
6    offense.
7    Notwithstanding any other provision of this Section, the
8penalty established in this Section shall be assessed for any
9violation of Section 11-601.5, 11-605.2, or 11-605.3 of the
10Illinois Vehicle Code.
11    The Clerk of the Circuit Court shall remit moneys collected
12under this subsection (b) within one month after receipt to the
13State Treasurer for deposit into the Violent Crime Victims
14Assistance Fund, except as provided in subsection (g) of this
15Section. Such additional penalty shall not be considered a part
16of the fine for purposes of any reduction made in the fine for
17time served either before or after sentencing. Not later than
18March 1 of each year the Clerk of the Circuit Court shall
19submit to the State Comptroller a report of the amount of funds
20remitted by him to the State Treasurer under this Section
21during the preceding calendar year.
22    (c) (Blank). The charge imposed by subsection (b) shall not
23be subject to the provisions of Section 110-14 of the Code of
24Criminal Procedure of 1963.
25    (d) Monies forfeited, and proceeds from the sale of
26property forfeited and seized, under the forfeiture provisions

 

 

HB4594 Enrolled- 172 -LRB100 17151 MRW 32305 b

1set forth in Part 500 of Article 124B of the Code of Criminal
2Procedure of 1963 shall be accepted for the Violent Crime
3Victims Assistance Fund.
4    (e) Investment income which is attributable to the
5investment of monies in the Violent Crime Victims Assistance
6Fund shall be credited to that fund for uses specified in this
7Act. The Treasurer shall provide the Attorney General a monthly
8status report on the amount of money in the Fund.
9    (f) Monies from the fund may be granted on and after July
101, 1984.
11    (g) (Blank). All amounts and charges imposed under this
12Section for any violation of Chapters 3, 4, 6, and 11 of the
13Illinois Vehicle Code, or a similar provision of a local
14ordinance, or any violation of the Child Passenger Protection
15Act, or a similar provision of a local ordinance, shall be
16collected and disbursed by the circuit clerk as provided under
17Section 27.5 of the Clerks of Courts Act.
18(Source: P.A. 96-712, eff. 1-1-10; 97-108, eff. 7-14-11;
1997-816, eff. 7-16-12.)
 
20    Section 905-90. The Unified Code of Corrections is amended
21by changing Sections 5-4-3, 5-4.5-50, 5-4.5-55, 5-4.5-60,
225-4.5-65, 5-4.5-75, 5-4.5-80, 5-5-3, 5-5-6, 5-6-1, 5-6-3,
235-6-3.1, 5-7-1, 5-9-1, 5-9-1.4, 5-9-1.7, 5-9-1.9, 5-9-1.11,
245-9-1.16, and 5-9-1.21 as follows:
 

 

 

HB4594 Enrolled- 173 -LRB100 17151 MRW 32305 b

1    (730 ILCS 5/5-4-3)  (from Ch. 38, par. 1005-4-3)
2    Sec. 5-4-3. Specimens; genetic marker groups.
3    (a) Any person convicted of, found guilty under the
4Juvenile Court Act of 1987 for, or who received a disposition
5of court supervision for, a qualifying offense or attempt of a
6qualifying offense, convicted or found guilty of any offense
7classified as a felony under Illinois law, convicted or found
8guilty of any offense requiring registration under the Sex
9Offender Registration Act, found guilty or given supervision
10for any offense classified as a felony under the Juvenile Court
11Act of 1987, convicted or found guilty of, under the Juvenile
12Court Act of 1987, any offense requiring registration under the
13Sex Offender Registration Act, or institutionalized as a
14sexually dangerous person under the Sexually Dangerous Persons
15Act, or committed as a sexually violent person under the
16Sexually Violent Persons Commitment Act shall, regardless of
17the sentence or disposition imposed, be required to submit
18specimens of blood, saliva, or tissue to the Illinois
19Department of State Police in accordance with the provisions of
20this Section, provided such person is:
21        (1) convicted of a qualifying offense or attempt of a
22    qualifying offense on or after July 1, 1990 and sentenced
23    to a term of imprisonment, periodic imprisonment, fine,
24    probation, conditional discharge or any other form of
25    sentence, or given a disposition of court supervision for
26    the offense;

 

 

HB4594 Enrolled- 174 -LRB100 17151 MRW 32305 b

1        (1.5) found guilty or given supervision under the
2    Juvenile Court Act of 1987 for a qualifying offense or
3    attempt of a qualifying offense on or after January 1,
4    1997;
5        (2) ordered institutionalized as a sexually dangerous
6    person on or after July 1, 1990;
7        (3) convicted of a qualifying offense or attempt of a
8    qualifying offense before July 1, 1990 and is presently
9    confined as a result of such conviction in any State
10    correctional facility or county jail or is presently
11    serving a sentence of probation, conditional discharge or
12    periodic imprisonment as a result of such conviction;
13        (3.5) convicted or found guilty of any offense
14    classified as a felony under Illinois law or found guilty
15    or given supervision for such an offense under the Juvenile
16    Court Act of 1987 on or after August 22, 2002;
17        (4) presently institutionalized as a sexually
18    dangerous person or presently institutionalized as a
19    person found guilty but mentally ill of a sexual offense or
20    attempt to commit a sexual offense; or
21        (4.5) ordered committed as a sexually violent person on
22    or after the effective date of the Sexually Violent Persons
23    Commitment Act.
24    (a-1) Any person incarcerated in a facility of the Illinois
25Department of Corrections or the Illinois Department of
26Juvenile Justice on or after August 22, 2002, whether for a

 

 

HB4594 Enrolled- 175 -LRB100 17151 MRW 32305 b

1term of years, natural life, or a sentence of death, who has
2not yet submitted a specimen of blood, saliva, or tissue shall
3be required to submit a specimen of blood, saliva, or tissue
4prior to his or her final discharge, or release on parole,
5aftercare release, or mandatory supervised release, as a
6condition of his or her parole, aftercare release, or mandatory
7supervised release, or within 6 months from August 13, 2009
8(the effective date of Public Act 96-426), whichever is sooner.
9A person incarcerated on or after August 13, 2009 (the
10effective date of Public Act 96-426) shall be required to
11submit a specimen within 45 days of incarceration, or prior to
12his or her final discharge, or release on parole, aftercare
13release, or mandatory supervised release, as a condition of his
14or her parole, aftercare release, or mandatory supervised
15release, whichever is sooner. These specimens shall be placed
16into the State or national DNA database, to be used in
17accordance with other provisions of this Section, by the
18Illinois State Police.
19    (a-2) Any person sentenced to life imprisonment in a
20facility of the Illinois Department of Corrections after the
21effective date of this amendatory Act of the 94th General
22Assembly or sentenced to death after the effective date of this
23amendatory Act of the 94th General Assembly shall be required
24to provide a specimen of blood, saliva, or tissue within 45
25days after sentencing or disposition at a collection site
26designated by the Illinois Department of State Police. Any

 

 

HB4594 Enrolled- 176 -LRB100 17151 MRW 32305 b

1person serving a sentence of life imprisonment in a facility of
2the Illinois Department of Corrections on the effective date of
3this amendatory Act of the 94th General Assembly or any person
4who is under a sentence of death on the effective date of this
5amendatory Act of the 94th General Assembly shall be required
6to provide a specimen of blood, saliva, or tissue upon request
7at a collection site designated by the Illinois Department of
8State Police.
9    (a-3) Any person seeking transfer to or residency in
10Illinois under Sections 3-3-11.05 through 3-3-11.5 of this
11Code, the Interstate Compact for Adult Offender Supervision, or
12the Interstate Agreements on Sexually Dangerous Persons Act
13shall be required to provide a specimen of blood, saliva, or
14tissue within 45 days after transfer to or residency in
15Illinois at a collection site designated by the Illinois
16Department of State Police.
17    (a-3.1) Any person required by an order of the court to
18submit a DNA specimen shall be required to provide a specimen
19of blood, saliva, or tissue within 45 days after the court
20order at a collection site designated by the Illinois
21Department of State Police.
22    (a-3.2) On or after January 1, 2012 (the effective date of
23Public Act 97-383), any person arrested for any of the
24following offenses, after an indictment has been returned by a
25grand jury, or following a hearing pursuant to Section 109-3 of
26the Code of Criminal Procedure of 1963 and a judge finds there

 

 

HB4594 Enrolled- 177 -LRB100 17151 MRW 32305 b

1is probable cause to believe the arrestee has committed one of
2the designated offenses, or an arrestee has waived a
3preliminary hearing shall be required to provide a specimen of
4blood, saliva, or tissue within 14 days after such indictment
5or hearing at a collection site designated by the Illinois
6Department of State Police:
7        (A) first degree murder;
8        (B) home invasion;
9        (C) predatory criminal sexual assault of a child;
10        (D) aggravated criminal sexual assault; or
11        (E) criminal sexual assault.
12    (a-3.3) Any person required to register as a sex offender
13under the Sex Offender Registration Act, regardless of the date
14of conviction as set forth in subsection (c-5.2) shall be
15required to provide a specimen of blood, saliva, or tissue
16within the time period prescribed in subsection (c-5.2) at a
17collection site designated by the Illinois Department of State
18Police.
19    (a-5) Any person who was otherwise convicted of or received
20a disposition of court supervision for any other offense under
21the Criminal Code of 1961 or the Criminal Code of 2012 or who
22was found guilty or given supervision for such a violation
23under the Juvenile Court Act of 1987, may, regardless of the
24sentence imposed, be required by an order of the court to
25submit specimens of blood, saliva, or tissue to the Illinois
26Department of State Police in accordance with the provisions of

 

 

HB4594 Enrolled- 178 -LRB100 17151 MRW 32305 b

1this Section.
2    (b) Any person required by paragraphs (a)(1), (a)(1.5),
3(a)(2), (a)(3.5), and (a-5) to provide specimens of blood,
4saliva, or tissue shall provide specimens of blood, saliva, or
5tissue within 45 days after sentencing or disposition at a
6collection site designated by the Illinois Department of State
7Police.
8    (c) Any person required by paragraphs (a)(3), (a)(4), and
9(a)(4.5) to provide specimens of blood, saliva, or tissue shall
10be required to provide such specimens prior to final discharge
11or within 6 months from August 13, 2009 (the effective date of
12Public Act 96-426), whichever is sooner. These specimens shall
13be placed into the State or national DNA database, to be used
14in accordance with other provisions of this Act, by the
15Illinois State Police.
16    (c-5) Any person required by paragraph (a-3) to provide
17specimens of blood, saliva, or tissue shall, where feasible, be
18required to provide the specimens before being accepted for
19conditioned residency in Illinois under the interstate compact
20or agreement, but no later than 45 days after arrival in this
21State.
22    (c-5.2) Unless it is determined that a registered sex
23offender has previously submitted a specimen of blood, saliva,
24or tissue that has been placed into the State DNA database, a
25person registering as a sex offender shall be required to
26submit a specimen at the time of his or her initial

 

 

HB4594 Enrolled- 179 -LRB100 17151 MRW 32305 b

1registration pursuant to the Sex Offender Registration Act or,
2for a person registered as a sex offender on or prior to
3January 1, 2012 (the effective date of Public Act 97-383),
4within one year of January 1, 2012 (the effective date of
5Public Act 97-383) or at the time of his or her next required
6registration.
7    (c-6) The Illinois Department of State Police may determine
8which type of specimen or specimens, blood, saliva, or tissue,
9is acceptable for submission to the Division of Forensic
10Services for analysis. The Illinois Department of State Police
11may require the submission of fingerprints from anyone required
12to give a specimen under this Act.
13    (d) The Illinois Department of State Police shall provide
14all equipment and instructions necessary for the collection of
15blood specimens. The collection of specimens shall be performed
16in a medically approved manner. Only a physician authorized to
17practice medicine, a registered nurse or other qualified person
18trained in venipuncture may withdraw blood for the purposes of
19this Act. The specimens shall thereafter be forwarded to the
20Illinois Department of State Police, Division of Forensic
21Services, for analysis and categorizing into genetic marker
22groupings.
23    (d-1) The Illinois Department of State Police shall provide
24all equipment and instructions necessary for the collection of
25saliva specimens. The collection of saliva specimens shall be
26performed in a medically approved manner. Only a person trained

 

 

HB4594 Enrolled- 180 -LRB100 17151 MRW 32305 b

1in the instructions promulgated by the Illinois State Police on
2collecting saliva may collect saliva for the purposes of this
3Section. The specimens shall thereafter be forwarded to the
4Illinois Department of State Police, Division of Forensic
5Services, for analysis and categorizing into genetic marker
6groupings.
7    (d-2) The Illinois Department of State Police shall provide
8all equipment and instructions necessary for the collection of
9tissue specimens. The collection of tissue specimens shall be
10performed in a medically approved manner. Only a person trained
11in the instructions promulgated by the Illinois State Police on
12collecting tissue may collect tissue for the purposes of this
13Section. The specimens shall thereafter be forwarded to the
14Illinois Department of State Police, Division of Forensic
15Services, for analysis and categorizing into genetic marker
16groupings.
17    (d-5) To the extent that funds are available, the Illinois
18Department of State Police shall contract with qualified
19personnel and certified laboratories for the collection,
20analysis, and categorization of known specimens, except as
21provided in subsection (n) of this Section.
22    (d-6) Agencies designated by the Illinois Department of
23State Police and the Illinois Department of State Police may
24contract with third parties to provide for the collection or
25analysis of DNA, or both, of an offender's blood, saliva, and
26tissue specimens, except as provided in subsection (n) of this

 

 

HB4594 Enrolled- 181 -LRB100 17151 MRW 32305 b

1Section.
2    (e) The genetic marker groupings shall be maintained by the
3Illinois Department of State Police, Division of Forensic
4Services.
5    (f) The genetic marker grouping analysis information
6obtained pursuant to this Act shall be confidential and shall
7be released only to peace officers of the United States, of
8other states or territories, of the insular possessions of the
9United States, of foreign countries duly authorized to receive
10the same, to all peace officers of the State of Illinois and to
11all prosecutorial agencies, and to defense counsel as provided
12by Section 116-5 of the Code of Criminal Procedure of 1963. The
13genetic marker grouping analysis information obtained pursuant
14to this Act shall be used only for (i) valid law enforcement
15identification purposes and as required by the Federal Bureau
16of Investigation for participation in the National DNA
17database, (ii) technology validation purposes, (iii) a
18population statistics database, (iv) quality assurance
19purposes if personally identifying information is removed, (v)
20assisting in the defense of the criminally accused pursuant to
21Section 116-5 of the Code of Criminal Procedure of 1963, or
22(vi) identifying and assisting in the prosecution of a person
23who is suspected of committing a sexual assault as defined in
24Section 1a of the Sexual Assault Survivors Emergency Treatment
25Act. Notwithstanding any other statutory provision to the
26contrary, all information obtained under this Section shall be

 

 

HB4594 Enrolled- 182 -LRB100 17151 MRW 32305 b

1maintained in a single State data base, which may be uploaded
2into a national database, and which information may be subject
3to expungement only as set forth in subsection (f-1).
4    (f-1) Upon receipt of notification of a reversal of a
5conviction based on actual innocence, or of the granting of a
6pardon pursuant to Section 12 of Article V of the Illinois
7Constitution, if that pardon document specifically states that
8the reason for the pardon is the actual innocence of an
9individual whose DNA record has been stored in the State or
10national DNA identification index in accordance with this
11Section by the Illinois Department of State Police, the DNA
12record shall be expunged from the DNA identification index, and
13the Department shall by rule prescribe procedures to ensure
14that the record and any specimens, analyses, or other documents
15relating to such record, whether in the possession of the
16Department or any law enforcement or police agency, or any
17forensic DNA laboratory, including any duplicates or copies
18thereof, are destroyed and a letter is sent to the court
19verifying the expungement is completed. For specimens required
20to be collected prior to conviction, unless the individual has
21other charges or convictions that require submission of a
22specimen, the DNA record for an individual shall be expunged
23from the DNA identification databases and the specimen
24destroyed upon receipt of a certified copy of a final court
25order for each charge against an individual in which the charge
26has been dismissed, resulted in acquittal, or that the charge

 

 

HB4594 Enrolled- 183 -LRB100 17151 MRW 32305 b

1was not filed within the applicable time period. The Department
2shall by rule prescribe procedures to ensure that the record
3and any specimens in the possession or control of the
4Department are destroyed and a letter is sent to the court
5verifying the expungement is completed.
6    (f-5) Any person who intentionally uses genetic marker
7grouping analysis information, or any other information
8derived from a DNA specimen, beyond the authorized uses as
9provided under this Section, or any other Illinois law, is
10guilty of a Class 4 felony, and shall be subject to a fine of
11not less than $5,000.
12    (f-6) The Illinois Department of State Police may contract
13with third parties for the purposes of implementing this
14amendatory Act of the 93rd General Assembly, except as provided
15in subsection (n) of this Section. Any other party contracting
16to carry out the functions of this Section shall be subject to
17the same restrictions and requirements of this Section insofar
18as applicable, as the Illinois Department of State Police, and
19to any additional restrictions imposed by the Illinois
20Department of State Police.
21    (g) For the purposes of this Section, "qualifying offense"
22means any of the following:
23        (1) any violation or inchoate violation of Section
24    11-1.50, 11-1.60, 11-6, 11-9.1, 11-11, 11-18.1, 12-15, or
25    12-16 of the Criminal Code of 1961 or the Criminal Code of
26    2012;

 

 

HB4594 Enrolled- 184 -LRB100 17151 MRW 32305 b

1        (1.1) any violation or inchoate violation of Section
2    9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3,
3    18-4, 18-6, 19-1, 19-2, or 19-6 of the Criminal Code of
4    1961 or the Criminal Code of 2012 for which persons are
5    convicted on or after July 1, 2001;
6        (2) any former statute of this State which defined a
7    felony sexual offense;
8        (3) (blank);
9        (4) any inchoate violation of Section 9-3.1, 9-3.4,
10    11-9.3, 12-7.3, or 12-7.4 of the Criminal Code of 1961 or
11    the Criminal Code of 2012; or
12        (5) any violation or inchoate violation of Article 29D
13    of the Criminal Code of 1961 or the Criminal Code of 2012.
14    (g-5) (Blank).
15    (h) The Illinois Department of State Police shall be the
16State central repository for all genetic marker grouping
17analysis information obtained pursuant to this Act. The
18Illinois Department of State Police may promulgate rules for
19the form and manner of the collection of blood, saliva, or
20tissue specimens and other procedures for the operation of this
21Act. The provisions of the Administrative Review Law shall
22apply to all actions taken under the rules so promulgated.
23    (i) (1) A person required to provide a blood, saliva, or
24    tissue specimen shall cooperate with the collection of the
25    specimen and any deliberate act by that person intended to
26    impede, delay or stop the collection of the blood, saliva,

 

 

HB4594 Enrolled- 185 -LRB100 17151 MRW 32305 b

1    or tissue specimen is a Class 4 felony.
2        (2) In the event that a person's DNA specimen is not
3    adequate for any reason, the person shall provide another
4    DNA specimen for analysis. Duly authorized law enforcement
5    and corrections personnel may employ reasonable force in
6    cases in which an individual refuses to provide a DNA
7    specimen required under this Act.
8    (j) (Blank). Any person required by subsection (a), or any
9person who was previously required by subsection (a-3.2), to
10submit specimens of blood, saliva, or tissue to the Illinois
11Department of State Police for analysis and categorization into
12genetic marker grouping, in addition to any other disposition,
13penalty, or fine imposed, shall pay an analysis fee of $250. If
14the analysis fee is not paid at the time of sentencing, the
15court shall establish a fee schedule by which the entire amount
16of the analysis fee shall be paid in full, such schedule not to
17exceed 24 months from the time of conviction. The inability to
18pay this analysis fee shall not be the sole ground to
19incarcerate the person.
20    (k) All analysis and categorization assessments fees
21provided under the Criminal and Traffic Assessments Act to the
22State Offender DNA Identification System Fund for by subsection
23(j) shall be regulated as follows:
24        (1) The State Offender DNA Identification System Fund
25    is hereby created as a special fund in the State Treasury.
26        (2) (Blank). All fees shall be collected by the clerk

 

 

HB4594 Enrolled- 186 -LRB100 17151 MRW 32305 b

1    of the court and forwarded to the State Offender DNA
2    Identification System Fund for deposit. The clerk of the
3    circuit court may retain the amount of $10 from each
4    collected analysis fee to offset administrative costs
5    incurred in carrying out the clerk's responsibilities
6    under this Section.
7        (3) Moneys Fees deposited into the State Offender DNA
8    Identification System Fund shall be used by Illinois State
9    Police crime laboratories as designated by the Director of
10    State Police. These funds shall be in addition to any
11    allocations made pursuant to existing laws and shall be
12    designated for the exclusive use of State crime
13    laboratories. These uses may include, but are not limited
14    to, the following:
15            (A) Costs incurred in providing analysis and
16        genetic marker categorization as required by
17        subsection (d).
18            (B) Costs incurred in maintaining genetic marker
19        groupings as required by subsection (e).
20            (C) Costs incurred in the purchase and maintenance
21        of equipment for use in performing analyses.
22            (D) Costs incurred in continuing research and
23        development of new techniques for analysis and genetic
24        marker categorization.
25            (E) Costs incurred in continuing education,
26        training, and professional development of forensic

 

 

HB4594 Enrolled- 187 -LRB100 17151 MRW 32305 b

1        scientists regularly employed by these laboratories.
2    (l) The failure of a person to provide a specimen, or of
3any person or agency to collect a specimen, shall in no way
4alter the obligation of the person to submit such specimen, or
5the authority of the Illinois Department of State Police or
6persons designated by the Department to collect the specimen,
7or the authority of the Illinois Department of State Police to
8accept, analyze and maintain the specimen or to maintain or
9upload results of genetic marker grouping analysis information
10into a State or national database.
11    (m) If any provision of this amendatory Act of the 93rd
12General Assembly is held unconstitutional or otherwise
13invalid, the remainder of this amendatory Act of the 93rd
14General Assembly is not affected.
15    (n) Neither the Department of State Police, the Division of
16Forensic Services, nor any laboratory of the Division of
17Forensic Services may contract out forensic testing for the
18purpose of an active investigation or a matter pending before a
19court of competent jurisdiction without the written consent of
20the prosecuting agency. For the purposes of this subsection
21(n), "forensic testing" includes the analysis of physical
22evidence in an investigation or other proceeding for the
23prosecution of a violation of the Criminal Code of 1961 or the
24Criminal Code of 2012 or for matters adjudicated under the
25Juvenile Court Act of 1987, and includes the use of forensic
26databases and databanks, including DNA, firearm, and

 

 

HB4594 Enrolled- 188 -LRB100 17151 MRW 32305 b

1fingerprint databases, and expert testimony.
2    (o) Mistake does not invalidate a database match. The
3detention, arrest, or conviction of a person based upon a
4database match or database information is not invalidated if it
5is determined that the specimen was obtained or placed in the
6database by mistake.
7    (p) This Section may be referred to as the Illinois DNA
8Database Law of 2011.
9(Source: P.A. 97-383, eff. 1-1-12; 97-1109, eff. 1-1-13;
1097-1150, eff. 1-25-13; 98-558, eff. 1-1-14.)
 
11    (730 ILCS 5/5-4.5-50)
12    Sec. 5-4.5-50. SENTENCE PROVISIONS; ALL FELONIES. Except
13as otherwise provided, for all felonies:
14    (a) NO SUPERVISION. The court, upon a plea of guilty or a
15stipulation by the defendant of the facts supporting the charge
16or a finding of guilt, may not defer further proceedings and
17the imposition of a sentence and may not enter an order for
18supervision of the defendant.
19    (b) FELONY FINES. Unless otherwise specified by law, the
20minimum fine is $25. An offender may be sentenced to pay a fine
21not to exceed, for each offense, $25,000 or the amount
22specified in the offense, whichever is greater, or if the
23offender is a corporation, $50,000 or the amount specified in
24the offense, whichever is greater. A fine may be imposed in
25addition to a sentence of conditional discharge, probation,

 

 

HB4594 Enrolled- 189 -LRB100 17151 MRW 32305 b

1periodic imprisonment, or imprisonment. See Article 9 of
2Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of
3additional amounts and determination of amounts and payment. If
4the court finds that the fine would impose an undue burden on
5the victim, the court may reduce or waive the fine.
6    (c) REASONS FOR SENTENCE STATED. The sentencing judge in
7each felony conviction shall set forth his or her reasons for
8imposing the particular sentence entered in the case, as
9provided in Section 5-4-1 (730 ILCS 5/5-4-1). Those reasons may
10include any mitigating or aggravating factors specified in this
11Code, or the lack of any such factors, as well as any other
12mitigating or aggravating factors that the judge sets forth on
13the record that are consistent with the purposes and principles
14of sentencing set out in this Code.
15    (d) MOTION TO REDUCE SENTENCE. A motion to reduce a
16sentence may be made, or the court may reduce a sentence
17without motion, within 30 days after the sentence is imposed. A
18defendant's challenge to the correctness of a sentence or to
19any aspect of the sentencing hearing shall be made by a written
20motion filed with the circuit court clerk within 30 days
21following the imposition of sentence. A motion not filed within
22that 30-day period is not timely. The court may not increase a
23sentence once it is imposed. A notice of motion must be filed
24with the motion. The notice of motion shall set the motion on
25the court's calendar on a date certain within a reasonable time
26after the date of filing.

 

 

HB4594 Enrolled- 190 -LRB100 17151 MRW 32305 b

1    If a motion filed pursuant to this subsection is timely
2filed, the proponent of the motion shall exercise due diligence
3in seeking a determination on the motion and the court shall
4thereafter decide the motion within a reasonable time.
5    If a motion filed pursuant to this subsection is timely
6filed, then for purposes of perfecting an appeal, a final
7judgment is not considered to have been entered until the
8motion to reduce the sentence has been decided by order entered
9by the trial court.
10    (e) CONCURRENT SENTENCE; PREVIOUS UNEXPIRED FEDERAL OR
11OTHER-STATE SENTENCE. A defendant who has a previous and
12unexpired sentence of imprisonment imposed by another state or
13by any district court of the United States and who, after
14sentence for a crime in Illinois, must return to serve the
15unexpired prior sentence may have his or her sentence by the
16Illinois court ordered to be concurrent with the prior
17other-state or federal sentence. The court may order that any
18time served on the unexpired portion of the other-state or
19federal sentence, prior to his or her return to Illinois, shall
20be credited on his or her Illinois sentence. The appropriate
21official of the other state or the United States shall be
22furnished with a copy of the order imposing sentence, which
23shall provide that, when the offender is released from
24other-state or federal confinement, whether by parole or by
25termination of sentence, the offender shall be transferred by
26the Sheriff of the committing Illinois county to the Illinois

 

 

HB4594 Enrolled- 191 -LRB100 17151 MRW 32305 b

1Department of Corrections. The court shall cause the Department
2of Corrections to be notified of the sentence at the time of
3commitment and to be provided with copies of all records
4regarding the sentence.
5    (f) REDUCTION; PREVIOUS UNEXPIRED ILLINOIS SENTENCE. A
6defendant who has a previous and unexpired sentence of
7imprisonment imposed by an Illinois circuit court for a crime
8in this State and who is subsequently sentenced to a term of
9imprisonment by another state or by any district court of the
10United States and who has served a term of imprisonment imposed
11by the other state or district court of the United States, and
12must return to serve the unexpired prior sentence imposed by
13the Illinois circuit court, may apply to the Illinois circuit
14court that imposed sentence to have his or her sentence
15reduced.
16    The circuit court may order that any time served on the
17sentence imposed by the other state or district court of the
18United States be credited on his or her Illinois sentence. The
19application for reduction of a sentence under this subsection
20shall be made within 30 days after the defendant has completed
21the sentence imposed by the other state or district court of
22the United States.
23    (g) NO REQUIRED BIRTH CONTROL. A court may not impose a
24sentence or disposition that requires the defendant to be
25implanted or injected with or to use any form of birth control.
26(Source: P.A. 95-1052, eff. 7-1-09.)
 

 

 

HB4594 Enrolled- 192 -LRB100 17151 MRW 32305 b

1    (730 ILCS 5/5-4.5-55)
2    Sec. 5-4.5-55. CLASS A MISDEMEANORS; SENTENCE. For a Class
3A misdemeanor:
4    (a) TERM. The sentence of imprisonment shall be a
5determinate sentence of less than one year.
6    (b) PERIODIC IMPRISONMENT. A sentence of periodic
7imprisonment shall be for a definite term of less than one
8year, except as otherwise provided in Section 5-5-3 or 5-7-1
9(730 ILCS 5/5-5-3 or 5/5-7-1).
10    (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS
115/5-8-1.2) concerning eligibility for the county impact
12incarceration program.
13    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
14in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
15period of probation or conditional discharge shall not exceed 2
16years. The court shall specify the conditions of probation or
17conditional discharge as set forth in Section 5-6-3 (730 ILCS
185/5-6-3).
19    (e) FINE. Unless otherwise specified by law, the minimum
20fine is $25. A fine not to exceed $2,500 for each offense or
21the amount specified in the offense, whichever is greater, may
22be imposed. A fine may be imposed in addition to a sentence of
23conditional discharge, probation, periodic imprisonment, or
24imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V,
25Art. 9) for imposition of additional amounts and determination

 

 

HB4594 Enrolled- 193 -LRB100 17151 MRW 32305 b

1of amounts and payment. If the court finds that the fine would
2impose an undue burden on the victim, the court may reduce or
3waive the fine.
4    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
5concerning restitution.
6    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
7be concurrent or consecutive as provided in Section 5-8-4 (730
8ILCS 5/5-8-4).
9    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
10Act (730 ILCS 166/20) concerning eligibility for a drug court
11program.
12    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
13ILCS 5/5-4.5-100) concerning credit for time spent in home
14detention prior to judgment.
15    (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good
16Behavior Allowance Act (730 ILCS 130/) for rules and
17regulations for good behavior allowance.
18    (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
195-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
20electronic monitoring and home detention.
21(Source: P.A. 100-431, eff. 8-25-17.)
 
22    (730 ILCS 5/5-4.5-60)
23    Sec. 5-4.5-60. CLASS B MISDEMEANORS; SENTENCE. For a Class
24B misdemeanor:
25    (a) TERM. The sentence of imprisonment shall be a

 

 

HB4594 Enrolled- 194 -LRB100 17151 MRW 32305 b

1determinate sentence of not more than 6 months.
2    (b) PERIODIC IMPRISONMENT. A sentence of periodic
3imprisonment shall be for a definite term of up to 6 months or
4as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).
5    (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS
65/5-8-1.2) concerning eligibility for the county impact
7incarceration program.
8    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
9in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or
10conditional discharge shall not exceed 2 years. The court shall
11specify the conditions of probation or conditional discharge as
12set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
13    (e) FINE. Unless otherwise specified by law, the minimum
14fine is $25. A fine not to exceed $1,500 for each offense or
15the amount specified in the offense, whichever is greater, may
16be imposed. A fine may be imposed in addition to a sentence of
17conditional discharge, probation, periodic imprisonment, or
18imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V,
19Art. 9) for imposition of additional amounts and determination
20of amounts and payment. If the court finds that the fine would
21impose an undue burden on the victim, the court may reduce or
22waive the fine.
23    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
24concerning restitution.
25    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
26be concurrent or consecutive as provided in Section 5-8-4 (730

 

 

HB4594 Enrolled- 195 -LRB100 17151 MRW 32305 b

1ILCS 5/5-8-4).
2    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
3Act (730 ILCS 166/20) concerning eligibility for a drug court
4program.
5    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
6ILCS 5/5-4.5-100) concerning credit for time spent in home
7detention prior to judgment.
8    (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good
9Behavior Allowance Act (730 ILCS 130/) for rules and
10regulations for good behavior allowance.
11    (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
125-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
13electronic monitoring and home detention.
14(Source: P.A. 100-431, eff. 8-25-17.)
 
15    (730 ILCS 5/5-4.5-65)
16    Sec. 5-4.5-65. CLASS C MISDEMEANORS; SENTENCE. For a Class
17C misdemeanor:
18    (a) TERM. The sentence of imprisonment shall be a
19determinate sentence of not more than 30 days.
20    (b) PERIODIC IMPRISONMENT. A sentence of periodic
21imprisonment shall be for a definite term of up to 30 days or
22as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).
23    (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS
245/5-8-1.2) concerning eligibility for the county impact
25incarceration program.

 

 

HB4594 Enrolled- 196 -LRB100 17151 MRW 32305 b

1    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
2in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or
3conditional discharge shall not exceed 2 years. The court shall
4specify the conditions of probation or conditional discharge as
5set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
6    (e) FINE. Unless otherwise specified by law, the minimum
7fine is $25. A fine not to exceed $1,500 for each offense or
8the amount specified in the offense, whichever is greater, may
9be imposed. A fine may be imposed in addition to a sentence of
10conditional discharge, probation, periodic imprisonment, or
11imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V,
12Art. 9) for imposition of additional amounts and determination
13of amounts and payment. If the court finds that the fine would
14impose an undue burden on the victim, the court may reduce or
15waive the fine.
16    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
17concerning restitution.
18    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
19be concurrent or consecutive as provided in Section 5-8-4 (730
20ILCS 5/5-8-4).
21    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
22Act (730 ILCS 166/20) concerning eligibility for a drug court
23program.
24    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
25ILCS 5/5-4.5-100) concerning credit for time spent in home
26detention prior to judgment.

 

 

HB4594 Enrolled- 197 -LRB100 17151 MRW 32305 b

1    (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good
2Behavior Allowance Act (730 ILCS 130/) for rules and
3regulations for good behavior allowance.
4    (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
55-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
6electronic monitoring and home detention.
7(Source: P.A. 100-431, eff. 8-25-17.)
 
8    (730 ILCS 5/5-4.5-75)
9    Sec. 5-4.5-75. PETTY OFFENSES; SENTENCE. Except as
10otherwise provided, for a petty offense:
11    (a) FINE. Unless otherwise specified by law, the minimum
12fine is $25. A defendant may be sentenced to pay a fine not to
13exceed $1,000 for each offense or the amount specified in the
14offense, whichever is less. A fine may be imposed in addition
15to a sentence of conditional discharge or probation. See
16Article 9 of Chapter V (730 ILCS 5/Ch. V, Art. 9) for
17imposition of additional amounts and determination of amounts
18and payment. If the court finds that the fine would impose an
19undue burden on the victim, the court may reduce or waive the
20fine.
21    (b) PROBATION; CONDITIONAL DISCHARGE. Except as provided
22in Section 5-6-2 (730 ILCS 5/5-6-2), a defendant may be
23sentenced to a period of probation or conditional discharge not
24to exceed 6 months. The court shall specify the conditions of
25probation or conditional discharge as set forth in Section

 

 

HB4594 Enrolled- 198 -LRB100 17151 MRW 32305 b

15-6-3 (730 ILCS 5/5-6-3).
2    (c) RESTITUTION. A defendant may be sentenced to make
3restitution to the victim under Section 5-5-6 (730 ILCS
45/5-5-6).
5    (d) SUPERVISION; ORDER. The court, upon a plea of guilty or
6a stipulation by the defendant of the facts supporting the
7charge or a finding of guilt, may defer further proceedings and
8the imposition of a sentence and may enter an order for
9supervision of the defendant. If the defendant is not barred
10from receiving an order for supervision under Section 5-6-1
11(730 ILCS 5/5-6-1) or otherwise, the court may enter an order
12for supervision after considering the circumstances of the
13offense, and the history, character, and condition of the
14offender, if the court is of the opinion that:
15        (1) the defendant is not likely to commit further
16    crimes;
17        (2) the defendant and the public would be best served
18    if the defendant were not to receive a criminal record; and
19        (3) in the best interests of justice, an order of
20    supervision is more appropriate than a sentence otherwise
21    permitted under this Code.
22    (e) SUPERVISION; PERIOD. When a defendant is placed on
23supervision, the court shall enter an order for supervision
24specifying the period of supervision, and shall defer further
25proceedings in the case until the conclusion of the period. The
26period of supervision shall be reasonable under all of the

 

 

HB4594 Enrolled- 199 -LRB100 17151 MRW 32305 b

1circumstances of the case, and except as otherwise provided,
2may not be longer than 2 years. The court shall specify the
3conditions of supervision as set forth in Section 5-6-3.1 (730
4ILCS 5/5-6-3.1).
5(Source: P.A. 95-1052, eff. 7-1-09.)
 
6    (730 ILCS 5/5-4.5-80)
7    Sec. 5-4.5-80. BUSINESS OFFENSES; SENTENCE. Except as
8otherwise provided, for a business offense:
9    (a) FINE. Unless otherwise specified by law, the minimum
10fine is $25. A defendant may be sentenced to pay a fine not to
11exceed for each offense the amount specified in the statute
12defining that offense. A fine may be imposed in addition to a
13sentence of conditional discharge. See Article 9 of Chapter V
14(730 ILCS 5/Ch. V, Art. 9) for imposition of additional amounts
15and determination of amounts and payment. If the court finds
16that the fine would impose an undue burden on the victim, the
17court may reduce or waive the fine.
18    (b) CONDITIONAL DISCHARGE. A defendant may be sentenced to
19a period of conditional discharge. The court shall specify the
20conditions of conditional discharge as set forth in Section
215-6-3 (730 ILCS 5/5-6-3).
22    (c) RESTITUTION. A defendant may be sentenced to make
23restitution to the victim under Section 5-5-6 (730 ILCS
245/5-5-6).
25    (d) SUPERVISION; ORDER. The court, upon a plea of guilty or

 

 

HB4594 Enrolled- 200 -LRB100 17151 MRW 32305 b

1a stipulation by the defendant of the facts supporting the
2charge or a finding of guilt, may defer further proceedings and
3the imposition of a sentence and may enter an order for
4supervision of the defendant. If the defendant is not barred
5from receiving an order for supervision under Section 5-6-1
6(730 ILCS 5/5-6-1) or otherwise, the court may enter an order
7for supervision after considering the circumstances of the
8offense, and the history, character, and condition of the
9offender, if the court is of the opinion that:
10        (1) the defendant is not likely to commit further
11    crimes;
12        (2) the defendant and the public would be best served
13    if the defendant were not to receive a criminal record; and
14        (3) in the best interests of justice, an order of
15    supervision is more appropriate than a sentence otherwise
16    permitted under this Code.
17    (e) SUPERVISION; PERIOD. When a defendant is placed on
18supervision, the court shall enter an order for supervision
19specifying the period of supervision, and shall defer further
20proceedings in the case until the conclusion of the period. The
21period of supervision shall be reasonable under all of the
22circumstances of the case, and except as otherwise provided,
23may not be longer than 2 years. The court shall specify the
24conditions of supervision as set forth in Section 5-6-3.1 (730
25ILCS 5/5-6-3.1).
26(Source: P.A. 95-1052, eff. 7-1-09.)
 

 

 

HB4594 Enrolled- 201 -LRB100 17151 MRW 32305 b

1    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
2    Sec. 5-5-3. Disposition.
3    (a) (Blank).
4    (b) (Blank).
5    (c) (1) (Blank).
6    (2) A period of probation, a term of periodic imprisonment
7or conditional discharge shall not be imposed for the following
8offenses. The court shall sentence the offender to not less
9than the minimum term of imprisonment set forth in this Code
10for the following offenses, and may order a fine or restitution
11or both in conjunction with such term of imprisonment:
12        (A) First degree murder where the death penalty is not
13    imposed.
14        (B) Attempted first degree murder.
15        (C) A Class X felony.
16        (D) A violation of Section 401.1 or 407 of the Illinois
17    Controlled Substances Act, or a violation of subdivision
18    (c)(1.5) of Section 401 of that Act which relates to more
19    than 5 grams of a substance containing fentanyl or an
20    analog thereof.
21        (D-5) A violation of subdivision (c)(1) of Section 401
22    of the Illinois Controlled Substances Act which relates to
23    3 or more grams of a substance containing heroin or an
24    analog thereof.
25        (E) (Blank).

 

 

HB4594 Enrolled- 202 -LRB100 17151 MRW 32305 b

1        (F) A Class 1 or greater felony if the offender had
2    been convicted of a Class 1 or greater felony, including
3    any state or federal conviction for an offense that
4    contained, at the time it was committed, the same elements
5    as an offense now (the date of the offense committed after
6    the prior Class 1 or greater felony) classified as a Class
7    1 or greater felony, within 10 years of the date on which
8    the offender committed the offense for which he or she is
9    being sentenced, except as otherwise provided in Section
10    40-10 of the Alcoholism and Other Drug Abuse and Dependency
11    Act.
12        (F-3) A Class 2 or greater felony sex offense or felony
13    firearm offense if the offender had been convicted of a
14    Class 2 or greater felony, including any state or federal
15    conviction for an offense that contained, at the time it
16    was committed, the same elements as an offense now (the
17    date of the offense committed after the prior Class 2 or
18    greater felony) classified as a Class 2 or greater felony,
19    within 10 years of the date on which the offender committed
20    the offense for which he or she is being sentenced, except
21    as otherwise provided in Section 40-10 of the Alcoholism
22    and Other Drug Abuse and Dependency Act.
23        (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
24    the Criminal Code of 1961 or the Criminal Code of 2012 for
25    which imprisonment is prescribed in those Sections.
26        (G) Residential burglary, except as otherwise provided

 

 

HB4594 Enrolled- 203 -LRB100 17151 MRW 32305 b

1    in Section 40-10 of the Alcoholism and Other Drug Abuse and
2    Dependency Act.
3        (H) Criminal sexual assault.
4        (I) Aggravated battery of a senior citizen as described
5    in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
6    of the Criminal Code of 1961 or the Criminal Code of 2012.
7        (J) A forcible felony if the offense was related to the
8    activities of an organized gang.
9        Before July 1, 1994, for the purposes of this
10    paragraph, "organized gang" means an association of 5 or
11    more persons, with an established hierarchy, that
12    encourages members of the association to perpetrate crimes
13    or provides support to the members of the association who
14    do commit crimes.
15        Beginning July 1, 1994, for the purposes of this
16    paragraph, "organized gang" has the meaning ascribed to it
17    in Section 10 of the Illinois Streetgang Terrorism Omnibus
18    Prevention Act.
19        (K) Vehicular hijacking.
20        (L) A second or subsequent conviction for the offense
21    of hate crime when the underlying offense upon which the
22    hate crime is based is felony aggravated assault or felony
23    mob action.
24        (M) A second or subsequent conviction for the offense
25    of institutional vandalism if the damage to the property
26    exceeds $300.

 

 

HB4594 Enrolled- 204 -LRB100 17151 MRW 32305 b

1        (N) A Class 3 felony violation of paragraph (1) of
2    subsection (a) of Section 2 of the Firearm Owners
3    Identification Card Act.
4        (O) A violation of Section 12-6.1 or 12-6.5 of the
5    Criminal Code of 1961 or the Criminal Code of 2012.
6        (P) A violation of paragraph (1), (2), (3), (4), (5),
7    or (7) of subsection (a) of Section 11-20.1 of the Criminal
8    Code of 1961 or the Criminal Code of 2012.
9        (Q) A violation of subsection (b) or (b-5) of Section
10    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
11    Code of 1961 or the Criminal Code of 2012.
12        (R) A violation of Section 24-3A of the Criminal Code
13    of 1961 or the Criminal Code of 2012.
14        (S) (Blank).
15        (T) (Blank).
16        (U) A second or subsequent violation of Section 6-303
17    of the Illinois Vehicle Code committed while his or her
18    driver's license, permit, or privilege was revoked because
19    of a violation of Section 9-3 of the Criminal Code of 1961
20    or the Criminal Code of 2012, relating to the offense of
21    reckless homicide, or a similar provision of a law of
22    another state.
23        (V) A violation of paragraph (4) of subsection (c) of
24    Section 11-20.1B or paragraph (4) of subsection (c) of
25    Section 11-20.3 of the Criminal Code of 1961, or paragraph
26    (6) of subsection (a) of Section 11-20.1 of the Criminal

 

 

HB4594 Enrolled- 205 -LRB100 17151 MRW 32305 b

1    Code of 2012 when the victim is under 13 years of age and
2    the defendant has previously been convicted under the laws
3    of this State or any other state of the offense of child
4    pornography, aggravated child pornography, aggravated
5    criminal sexual abuse, aggravated criminal sexual assault,
6    predatory criminal sexual assault of a child, or any of the
7    offenses formerly known as rape, deviate sexual assault,
8    indecent liberties with a child, or aggravated indecent
9    liberties with a child where the victim was under the age
10    of 18 years or an offense that is substantially equivalent
11    to those offenses.
12        (W) A violation of Section 24-3.5 of the Criminal Code
13    of 1961 or the Criminal Code of 2012.
14        (X) A violation of subsection (a) of Section 31-1a of
15    the Criminal Code of 1961 or the Criminal Code of 2012.
16        (Y) A conviction for unlawful possession of a firearm
17    by a street gang member when the firearm was loaded or
18    contained firearm ammunition.
19        (Z) A Class 1 felony committed while he or she was
20    serving a term of probation or conditional discharge for a
21    felony.
22        (AA) Theft of property exceeding $500,000 and not
23    exceeding $1,000,000 in value.
24        (BB) Laundering of criminally derived property of a
25    value exceeding $500,000.
26        (CC) Knowingly selling, offering for sale, holding for

 

 

HB4594 Enrolled- 206 -LRB100 17151 MRW 32305 b

1    sale, or using 2,000 or more counterfeit items or
2    counterfeit items having a retail value in the aggregate of
3    $500,000 or more.
4        (DD) A conviction for aggravated assault under
5    paragraph (6) of subsection (c) of Section 12-2 of the
6    Criminal Code of 1961 or the Criminal Code of 2012 if the
7    firearm is aimed toward the person against whom the firearm
8    is being used.
9        (EE) A conviction for a violation of paragraph (2) of
10    subsection (a) of Section 24-3B of the Criminal Code of
11    2012.
12    (3) (Blank).
13    (4) A minimum term of imprisonment of not less than 10
14consecutive days or 30 days of community service shall be
15imposed for a violation of paragraph (c) of Section 6-303 of
16the Illinois Vehicle Code.
17    (4.1) (Blank).
18    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
19this subsection (c), a minimum of 100 hours of community
20service shall be imposed for a second violation of Section
216-303 of the Illinois Vehicle Code.
22    (4.3) A minimum term of imprisonment of 30 days or 300
23hours of community service, as determined by the court, shall
24be imposed for a second violation of subsection (c) of Section
256-303 of the Illinois Vehicle Code.
26    (4.4) Except as provided in paragraphs (4.5), (4.6), and

 

 

HB4594 Enrolled- 207 -LRB100 17151 MRW 32305 b

1(4.9) of this subsection (c), a minimum term of imprisonment of
230 days or 300 hours of community service, as determined by the
3court, shall be imposed for a third or subsequent violation of
4Section 6-303 of the Illinois Vehicle Code. The court may give
5credit toward the fulfillment of community service hours for
6participation in activities and treatment as determined by
7court services.
8    (4.5) A minimum term of imprisonment of 30 days shall be
9imposed for a third violation of subsection (c) of Section
106-303 of the Illinois Vehicle Code.
11    (4.6) Except as provided in paragraph (4.10) of this
12subsection (c), a minimum term of imprisonment of 180 days
13shall be imposed for a fourth or subsequent violation of
14subsection (c) of Section 6-303 of the Illinois Vehicle Code.
15    (4.7) A minimum term of imprisonment of not less than 30
16consecutive days, or 300 hours of community service, shall be
17imposed for a violation of subsection (a-5) of Section 6-303 of
18the Illinois Vehicle Code, as provided in subsection (b-5) of
19that Section.
20    (4.8) A mandatory prison sentence shall be imposed for a
21second violation of subsection (a-5) of Section 6-303 of the
22Illinois Vehicle Code, as provided in subsection (c-5) of that
23Section. The person's driving privileges shall be revoked for a
24period of not less than 5 years from the date of his or her
25release from prison.
26    (4.9) A mandatory prison sentence of not less than 4 and

 

 

HB4594 Enrolled- 208 -LRB100 17151 MRW 32305 b

1not more than 15 years shall be imposed for a third violation
2of subsection (a-5) of Section 6-303 of the Illinois Vehicle
3Code, as provided in subsection (d-2.5) of that Section. The
4person's driving privileges shall be revoked for the remainder
5of his or her life.
6    (4.10) A mandatory prison sentence for a Class 1 felony
7shall be imposed, and the person shall be eligible for an
8extended term sentence, for a fourth or subsequent violation of
9subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
10as provided in subsection (d-3.5) of that Section. The person's
11driving privileges shall be revoked for the remainder of his or
12her life.
13    (5) The court may sentence a corporation or unincorporated
14association convicted of any offense to:
15        (A) a period of conditional discharge;
16        (B) a fine;
17        (C) make restitution to the victim under Section 5-5-6
18    of this Code.
19    (5.1) In addition to any other penalties imposed, and
20except as provided in paragraph (5.2) or (5.3), a person
21convicted of violating subsection (c) of Section 11-907 of the
22Illinois Vehicle Code shall have his or her driver's license,
23permit, or privileges suspended for at least 90 days but not
24more than one year, if the violation resulted in damage to the
25property of another person.
26    (5.2) In addition to any other penalties imposed, and

 

 

HB4594 Enrolled- 209 -LRB100 17151 MRW 32305 b

1except as provided in paragraph (5.3), a person convicted of
2violating subsection (c) of Section 11-907 of the Illinois
3Vehicle Code shall have his or her driver's license, permit, or
4privileges suspended for at least 180 days but not more than 2
5years, if the violation resulted in injury to another person.
6    (5.3) In addition to any other penalties imposed, a person
7convicted of violating subsection (c) of Section 11-907 of the
8Illinois Vehicle Code shall have his or her driver's license,
9permit, or privileges suspended for 2 years, if the violation
10resulted in the death of another person.
11    (5.4) In addition to any other penalties imposed, a person
12convicted of violating Section 3-707 of the Illinois Vehicle
13Code shall have his or her driver's license, permit, or
14privileges suspended for 3 months and until he or she has paid
15a reinstatement fee of $100.
16    (5.5) In addition to any other penalties imposed, a person
17convicted of violating Section 3-707 of the Illinois Vehicle
18Code during a period in which his or her driver's license,
19permit, or privileges were suspended for a previous violation
20of that Section shall have his or her driver's license, permit,
21or privileges suspended for an additional 6 months after the
22expiration of the original 3-month suspension and until he or
23she has paid a reinstatement fee of $100.
24    (6) (Blank).
25    (7) (Blank).
26    (8) (Blank).

 

 

HB4594 Enrolled- 210 -LRB100 17151 MRW 32305 b

1    (9) A defendant convicted of a second or subsequent offense
2of ritualized abuse of a child may be sentenced to a term of
3natural life imprisonment.
4    (10) (Blank).
5    (11) The court shall impose a minimum fine of $1,000 for a
6first offense and $2,000 for a second or subsequent offense
7upon a person convicted of or placed on supervision for battery
8when the individual harmed was a sports official or coach at
9any level of competition and the act causing harm to the sports
10official or coach occurred within an athletic facility or
11within the immediate vicinity of the athletic facility at which
12the sports official or coach was an active participant of the
13athletic contest held at the athletic facility. For the
14purposes of this paragraph (11), "sports official" means a
15person at an athletic contest who enforces the rules of the
16contest, such as an umpire or referee; "athletic facility"
17means an indoor or outdoor playing field or recreational area
18where sports activities are conducted; and "coach" means a
19person recognized as a coach by the sanctioning authority that
20conducted the sporting event.
21    (12) A person may not receive a disposition of court
22supervision for a violation of Section 5-16 of the Boat
23Registration and Safety Act if that person has previously
24received a disposition of court supervision for a violation of
25that Section.
26    (13) A person convicted of or placed on court supervision

 

 

HB4594 Enrolled- 211 -LRB100 17151 MRW 32305 b

1for an assault or aggravated assault when the victim and the
2offender are family or household members as defined in Section
3103 of the Illinois Domestic Violence Act of 1986 or convicted
4of domestic battery or aggravated domestic battery may be
5required to attend a Partner Abuse Intervention Program under
6protocols set forth by the Illinois Department of Human
7Services under such terms and conditions imposed by the court.
8The costs of such classes shall be paid by the offender.
9    (d) In any case in which a sentence originally imposed is
10vacated, the case shall be remanded to the trial court. The
11trial court shall hold a hearing under Section 5-4-1 of the
12Unified Code of Corrections which may include evidence of the
13defendant's life, moral character and occupation during the
14time since the original sentence was passed. The trial court
15shall then impose sentence upon the defendant. The trial court
16may impose any sentence which could have been imposed at the
17original trial subject to Section 5-5-4 of the Unified Code of
18Corrections. If a sentence is vacated on appeal or on
19collateral attack due to the failure of the trier of fact at
20trial to determine beyond a reasonable doubt the existence of a
21fact (other than a prior conviction) necessary to increase the
22punishment for the offense beyond the statutory maximum
23otherwise applicable, either the defendant may be re-sentenced
24to a term within the range otherwise provided or, if the State
25files notice of its intention to again seek the extended
26sentence, the defendant shall be afforded a new trial.

 

 

HB4594 Enrolled- 212 -LRB100 17151 MRW 32305 b

1    (e) In cases where prosecution for aggravated criminal
2sexual abuse under Section 11-1.60 or 12-16 of the Criminal
3Code of 1961 or the Criminal Code of 2012 results in conviction
4of a defendant who was a family member of the victim at the
5time of the commission of the offense, the court shall consider
6the safety and welfare of the victim and may impose a sentence
7of probation only where:
8        (1) the court finds (A) or (B) or both are appropriate:
9            (A) the defendant is willing to undergo a court
10        approved counseling program for a minimum duration of 2
11        years; or
12            (B) the defendant is willing to participate in a
13        court approved plan including but not limited to the
14        defendant's:
15                (i) removal from the household;
16                (ii) restricted contact with the victim;
17                (iii) continued financial support of the
18            family;
19                (iv) restitution for harm done to the victim;
20            and
21                (v) compliance with any other measures that
22            the court may deem appropriate; and
23        (2) the court orders the defendant to pay for the
24    victim's counseling services, to the extent that the court
25    finds, after considering the defendant's income and
26    assets, that the defendant is financially capable of paying

 

 

HB4594 Enrolled- 213 -LRB100 17151 MRW 32305 b

1    for such services, if the victim was under 18 years of age
2    at the time the offense was committed and requires
3    counseling as a result of the offense.
4    Probation may be revoked or modified pursuant to Section
55-6-4; except where the court determines at the hearing that
6the defendant violated a condition of his or her probation
7restricting contact with the victim or other family members or
8commits another offense with the victim or other family
9members, the court shall revoke the defendant's probation and
10impose a term of imprisonment.
11    For the purposes of this Section, "family member" and
12"victim" shall have the meanings ascribed to them in Section
1311-0.1 of the Criminal Code of 2012.
14    (f) (Blank).
15    (g) Whenever a defendant is convicted of an offense under
16Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1711-14.3, 11-14.4 except for an offense that involves keeping a
18place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1911-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
2012-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
21Criminal Code of 2012, the defendant shall undergo medical
22testing to determine whether the defendant has any sexually
23transmissible disease, including a test for infection with
24human immunodeficiency virus (HIV) or any other identified
25causative agent of acquired immunodeficiency syndrome (AIDS).
26Any such medical test shall be performed only by appropriately

 

 

HB4594 Enrolled- 214 -LRB100 17151 MRW 32305 b

1licensed medical practitioners and may include an analysis of
2any bodily fluids as well as an examination of the defendant's
3person. Except as otherwise provided by law, the results of
4such test shall be kept strictly confidential by all medical
5personnel involved in the testing and must be personally
6delivered in a sealed envelope to the judge of the court in
7which the conviction was entered for the judge's inspection in
8camera. Acting in accordance with the best interests of the
9victim and the public, the judge shall have the discretion to
10determine to whom, if anyone, the results of the testing may be
11revealed. The court shall notify the defendant of the test
12results. The court shall also notify the victim if requested by
13the victim, and if the victim is under the age of 15 and if
14requested by the victim's parents or legal guardian, the court
15shall notify the victim's parents or legal guardian of the test
16results. The court shall provide information on the
17availability of HIV testing and counseling at Department of
18Public Health facilities to all parties to whom the results of
19the testing are revealed and shall direct the State's Attorney
20to provide the information to the victim when possible. A
21State's Attorney may petition the court to obtain the results
22of any HIV test administered under this Section, and the court
23shall grant the disclosure if the State's Attorney shows it is
24relevant in order to prosecute a charge of criminal
25transmission of HIV under Section 12-5.01 or 12-16.2 of the
26Criminal Code of 1961 or the Criminal Code of 2012 against the

 

 

HB4594 Enrolled- 215 -LRB100 17151 MRW 32305 b

1defendant. The court shall order that the cost of any such test
2shall be paid by the county and may be taxed as costs against
3the convicted defendant.
4    (g-5) When an inmate is tested for an airborne communicable
5disease, as determined by the Illinois Department of Public
6Health including but not limited to tuberculosis, the results
7of the test shall be personally delivered by the warden or his
8or her designee in a sealed envelope to the judge of the court
9in which the inmate must appear for the judge's inspection in
10camera if requested by the judge. Acting in accordance with the
11best interests of those in the courtroom, the judge shall have
12the discretion to determine what if any precautions need to be
13taken to prevent transmission of the disease in the courtroom.
14    (h) Whenever a defendant is convicted of an offense under
15Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
16defendant shall undergo medical testing to determine whether
17the defendant has been exposed to human immunodeficiency virus
18(HIV) or any other identified causative agent of acquired
19immunodeficiency syndrome (AIDS). Except as otherwise provided
20by law, the results of such test shall be kept strictly
21confidential by all medical personnel involved in the testing
22and must be personally delivered in a sealed envelope to the
23judge of the court in which the conviction was entered for the
24judge's inspection in camera. Acting in accordance with the
25best interests of the public, the judge shall have the
26discretion to determine to whom, if anyone, the results of the

 

 

HB4594 Enrolled- 216 -LRB100 17151 MRW 32305 b

1testing may be revealed. The court shall notify the defendant
2of a positive test showing an infection with the human
3immunodeficiency virus (HIV). The court shall provide
4information on the availability of HIV testing and counseling
5at Department of Public Health facilities to all parties to
6whom the results of the testing are revealed and shall direct
7the State's Attorney to provide the information to the victim
8when possible. A State's Attorney may petition the court to
9obtain the results of any HIV test administered under this
10Section, and the court shall grant the disclosure if the
11State's Attorney shows it is relevant in order to prosecute a
12charge of criminal transmission of HIV under Section 12-5.01 or
1312-16.2 of the Criminal Code of 1961 or the Criminal Code of
142012 against the defendant. The court shall order that the cost
15of any such test shall be paid by the county and may be taxed as
16costs against the convicted defendant.
17    (i) All fines and penalties imposed under this Section for
18any violation of Chapters 3, 4, 6, and 11 of the Illinois
19Vehicle Code, or a similar provision of a local ordinance, and
20any violation of the Child Passenger Protection Act, or a
21similar provision of a local ordinance, shall be collected and
22disbursed by the circuit clerk as provided under the Criminal
23and Traffic Assessment Act Section 27.5 of the Clerks of Courts
24Act.
25    (j) In cases when prosecution for any violation of Section
2611-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,

 

 

HB4594 Enrolled- 217 -LRB100 17151 MRW 32305 b

111-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
211-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
311-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
412-15, or 12-16 of the Criminal Code of 1961 or the Criminal
5Code of 2012, any violation of the Illinois Controlled
6Substances Act, any violation of the Cannabis Control Act, or
7any violation of the Methamphetamine Control and Community
8Protection Act results in conviction, a disposition of court
9supervision, or an order of probation granted under Section 10
10of the Cannabis Control Act, Section 410 of the Illinois
11Controlled Substances Act, or Section 70 of the Methamphetamine
12Control and Community Protection Act of a defendant, the court
13shall determine whether the defendant is employed by a facility
14or center as defined under the Child Care Act of 1969, a public
15or private elementary or secondary school, or otherwise works
16with children under 18 years of age on a daily basis. When a
17defendant is so employed, the court shall order the Clerk of
18the Court to send a copy of the judgment of conviction or order
19of supervision or probation to the defendant's employer by
20certified mail. If the employer of the defendant is a school,
21the Clerk of the Court shall direct the mailing of a copy of
22the judgment of conviction or order of supervision or probation
23to the appropriate regional superintendent of schools. The
24regional superintendent of schools shall notify the State Board
25of Education of any notification under this subsection.
26    (j-5) A defendant at least 17 years of age who is convicted

 

 

HB4594 Enrolled- 218 -LRB100 17151 MRW 32305 b

1of a felony and who has not been previously convicted of a
2misdemeanor or felony and who is sentenced to a term of
3imprisonment in the Illinois Department of Corrections shall as
4a condition of his or her sentence be required by the court to
5attend educational courses designed to prepare the defendant
6for a high school diploma and to work toward a high school
7diploma or to work toward passing high school equivalency
8testing or to work toward completing a vocational training
9program offered by the Department of Corrections. If a
10defendant fails to complete the educational training required
11by his or her sentence during the term of incarceration, the
12Prisoner Review Board shall, as a condition of mandatory
13supervised release, require the defendant, at his or her own
14expense, to pursue a course of study toward a high school
15diploma or passage of high school equivalency testing. The
16Prisoner Review Board shall revoke the mandatory supervised
17release of a defendant who wilfully fails to comply with this
18subsection (j-5) upon his or her release from confinement in a
19penal institution while serving a mandatory supervised release
20term; however, the inability of the defendant after making a
21good faith effort to obtain financial aid or pay for the
22educational training shall not be deemed a wilful failure to
23comply. The Prisoner Review Board shall recommit the defendant
24whose mandatory supervised release term has been revoked under
25this subsection (j-5) as provided in Section 3-3-9. This
26subsection (j-5) does not apply to a defendant who has a high

 

 

HB4594 Enrolled- 219 -LRB100 17151 MRW 32305 b

1school diploma or has successfully passed high school
2equivalency testing. This subsection (j-5) does not apply to a
3defendant who is determined by the court to be a person with a
4developmental disability or otherwise mentally incapable of
5completing the educational or vocational program.
6    (k) (Blank).
7    (l) (A) Except as provided in paragraph (C) of subsection
8(l), whenever a defendant, who is an alien as defined by the
9Immigration and Nationality Act, is convicted of any felony or
10misdemeanor offense, the court after sentencing the defendant
11may, upon motion of the State's Attorney, hold sentence in
12abeyance and remand the defendant to the custody of the
13Attorney General of the United States or his or her designated
14agent to be deported when:
15        (1) a final order of deportation has been issued
16    against the defendant pursuant to proceedings under the
17    Immigration and Nationality Act, and
18        (2) the deportation of the defendant would not
19    deprecate the seriousness of the defendant's conduct and
20    would not be inconsistent with the ends of justice.
21    Otherwise, the defendant shall be sentenced as provided in
22this Chapter V.
23    (B) If the defendant has already been sentenced for a
24felony or misdemeanor offense, or has been placed on probation
25under Section 10 of the Cannabis Control Act, Section 410 of
26the Illinois Controlled Substances Act, or Section 70 of the

 

 

HB4594 Enrolled- 220 -LRB100 17151 MRW 32305 b

1Methamphetamine Control and Community Protection Act, the
2court may, upon motion of the State's Attorney to suspend the
3sentence imposed, commit the defendant to the custody of the
4Attorney General of the United States or his or her designated
5agent when:
6        (1) a final order of deportation has been issued
7    against the defendant pursuant to proceedings under the
8    Immigration and Nationality Act, and
9        (2) the deportation of the defendant would not
10    deprecate the seriousness of the defendant's conduct and
11    would not be inconsistent with the ends of justice.
12    (C) This subsection (l) does not apply to offenders who are
13subject to the provisions of paragraph (2) of subsection (a) of
14Section 3-6-3.
15    (D) Upon motion of the State's Attorney, if a defendant
16sentenced under this Section returns to the jurisdiction of the
17United States, the defendant shall be recommitted to the
18custody of the county from which he or she was sentenced.
19Thereafter, the defendant shall be brought before the
20sentencing court, which may impose any sentence that was
21available under Section 5-5-3 at the time of initial
22sentencing. In addition, the defendant shall not be eligible
23for additional earned sentence credit as provided under Section
243-6-3.
25    (m) A person convicted of criminal defacement of property
26under Section 21-1.3 of the Criminal Code of 1961 or the

 

 

HB4594 Enrolled- 221 -LRB100 17151 MRW 32305 b

1Criminal Code of 2012, in which the property damage exceeds
2$300 and the property damaged is a school building, shall be
3ordered to perform community service that may include cleanup,
4removal, or painting over the defacement.
5    (n) The court may sentence a person convicted of a
6violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
7subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
8of 1961 or the Criminal Code of 2012 (i) to an impact
9incarceration program if the person is otherwise eligible for
10that program under Section 5-8-1.1, (ii) to community service,
11or (iii) if the person is an addict or alcoholic, as defined in
12the Alcoholism and Other Drug Abuse and Dependency Act, to a
13substance or alcohol abuse program licensed under that Act.
14    (o) Whenever a person is convicted of a sex offense as
15defined in Section 2 of the Sex Offender Registration Act, the
16defendant's driver's license or permit shall be subject to
17renewal on an annual basis in accordance with the provisions of
18license renewal established by the Secretary of State.
19(Source: P.A. 99-143, eff. 7-27-15; 99-885, eff. 8-23-16;
2099-938, eff. 1-1-18; 100-575, eff. 1-8-18.)
 
21    (730 ILCS 5/5-5-6)  (from Ch. 38, par. 1005-5-6)
22    Sec. 5-5-6. In all convictions for offenses in violation of
23the Criminal Code of 1961 or the Criminal Code of 2012 or of
24Section 11-501 of the Illinois Vehicle Code in which the person
25received any injury to his or her person or damage to his or

 

 

HB4594 Enrolled- 222 -LRB100 17151 MRW 32305 b

1her real or personal property as a result of the criminal act
2of the defendant, the court shall order restitution as provided
3in this Section. In all other cases, except cases in which
4restitution is required under this Section, the court must at
5the sentence hearing determine whether restitution is an
6appropriate sentence to be imposed on each defendant convicted
7of an offense. If the court determines that an order directing
8the offender to make restitution is appropriate, the offender
9may be sentenced to make restitution. The court may consider
10restitution an appropriate sentence to be imposed on each
11defendant convicted of an offense in addition to a sentence of
12imprisonment. The sentence of the defendant to a term of
13imprisonment is not a mitigating factor that prevents the court
14from ordering the defendant to pay restitution. If the offender
15is sentenced to make restitution the Court shall determine the
16restitution as hereinafter set forth:
17        (a) At the sentence hearing, the court shall determine
18    whether the property may be restored in kind to the
19    possession of the owner or the person entitled to
20    possession thereof; or whether the defendant is possessed
21    of sufficient skill to repair and restore property damaged;
22    or whether the defendant should be required to make
23    restitution in cash, for out-of-pocket expenses, damages,
24    losses, or injuries found to have been proximately caused
25    by the conduct of the defendant or another for whom the
26    defendant is legally accountable under the provisions of

 

 

HB4594 Enrolled- 223 -LRB100 17151 MRW 32305 b

1    Article 5 of the Criminal Code of 1961 or the Criminal Code
2    of 2012.
3        (b) In fixing the amount of restitution to be paid in
4    cash, the court shall allow credit for property returned in
5    kind, for property damages ordered to be repaired by the
6    defendant, and for property ordered to be restored by the
7    defendant; and after granting the credit, the court shall
8    assess the actual out-of-pocket expenses, losses, damages,
9    and injuries suffered by the victim named in the charge and
10    any other victims who may also have suffered out-of-pocket
11    expenses, losses, damages, and injuries proximately caused
12    by the same criminal conduct of the defendant, and
13    insurance carriers who have indemnified the named victim or
14    other victims for the out-of-pocket expenses, losses,
15    damages, or injuries, provided that in no event shall
16    restitution be ordered to be paid on account of pain and
17    suffering. When a victim's out-of-pocket expenses have
18    been paid pursuant to the Crime Victims Compensation Act,
19    the court shall order restitution be paid to the
20    compensation program. If a defendant is placed on
21    supervision for, or convicted of, domestic battery, the
22    defendant shall be required to pay restitution to any
23    domestic violence shelter in which the victim and any other
24    family or household members lived because of the domestic
25    battery. The amount of the restitution shall equal the
26    actual expenses of the domestic violence shelter in

 

 

HB4594 Enrolled- 224 -LRB100 17151 MRW 32305 b

1    providing housing and any other services for the victim and
2    any other family or household members living at the
3    shelter. If a defendant fails to pay restitution in the
4    manner or within the time period specified by the court,
5    the court may enter an order directing the sheriff to seize
6    any real or personal property of a defendant to the extent
7    necessary to satisfy the order of restitution and dispose
8    of the property by public sale. All proceeds from such sale
9    in excess of the amount of restitution plus court costs and
10    the costs of the sheriff in conducting the sale shall be
11    paid to the defendant. The defendant convicted of domestic
12    battery, if a person under 18 years of age was present and
13    witnessed the domestic battery of the victim, is liable to
14    pay restitution for the cost of any counseling required for
15    the child at the discretion of the court.
16        (c) In cases where more than one defendant is
17    accountable for the same criminal conduct that results in
18    out-of-pocket expenses, losses, damages, or injuries, each
19    defendant shall be ordered to pay restitution in the amount
20    of the total actual out-of-pocket expenses, losses,
21    damages, or injuries to the victim proximately caused by
22    the conduct of all of the defendants who are legally
23    accountable for the offense.
24            (1) In no event shall the victim be entitled to
25        recover restitution in excess of the actual
26        out-of-pocket expenses, losses, damages, or injuries,

 

 

HB4594 Enrolled- 225 -LRB100 17151 MRW 32305 b

1        proximately caused by the conduct of all of the
2        defendants.
3            (2) As between the defendants, the court may
4        apportion the restitution that is payable in
5        proportion to each co-defendant's culpability in the
6        commission of the offense.
7            (3) In the absence of a specific order apportioning
8        the restitution, each defendant shall bear his pro rata
9        share of the restitution.
10            (4) As between the defendants, each defendant
11        shall be entitled to a pro rata reduction in the total
12        restitution required to be paid to the victim for
13        amounts of restitution actually paid by co-defendants,
14        and defendants who shall have paid more than their pro
15        rata share shall be entitled to refunds to be computed
16        by the court as additional amounts are paid by
17        co-defendants.
18        (d) In instances where a defendant has more than one
19    criminal charge pending against him in a single case, or
20    more than one case, and the defendant stands convicted of
21    one or more charges, a plea agreement negotiated by the
22    State's Attorney and the defendants may require the
23    defendant to make restitution to victims of charges that
24    have been dismissed or which it is contemplated will be
25    dismissed under the terms of the plea agreement, and under
26    the agreement, the court may impose a sentence of

 

 

HB4594 Enrolled- 226 -LRB100 17151 MRW 32305 b

1    restitution on the charge or charges of which the defendant
2    has been convicted that would require the defendant to make
3    restitution to victims of other offenses as provided in the
4    plea agreement.
5        (e) The court may require the defendant to apply the
6    balance of the cash bond, after payment of court costs, and
7    any fine that may be imposed to the payment of restitution.
8        (f) Taking into consideration the ability of the
9    defendant to pay, including any real or personal property
10    or any other assets of the defendant, the court shall
11    determine whether restitution shall be paid in a single
12    payment or in installments, and shall fix a period of time
13    not in excess of 5 years, except for violations of Sections
14    16-1.3 and 17-56 of the Criminal Code of 1961 or the
15    Criminal Code of 2012, or the period of time specified in
16    subsection (f-1), not including periods of incarceration,
17    within which payment of restitution is to be paid in full.
18    Complete restitution shall be paid in as short a time
19    period as possible. However, if the court deems it
20    necessary and in the best interest of the victim, the court
21    may extend beyond 5 years the period of time within which
22    the payment of restitution is to be paid. If the defendant
23    is ordered to pay restitution and the court orders that
24    restitution is to be paid over a period greater than 6
25    months, the court shall order that the defendant make
26    monthly payments; the court may waive this requirement of

 

 

HB4594 Enrolled- 227 -LRB100 17151 MRW 32305 b

1    monthly payments only if there is a specific finding of
2    good cause for waiver.
3        (f-1)(1) In addition to any other penalty prescribed by
4    law and any restitution ordered under this Section that did
5    not include long-term physical health care costs, the court
6    may, upon conviction of any misdemeanor or felony, order a
7    defendant to pay restitution to a victim in accordance with
8    the provisions of this subsection (f-1) if the victim has
9    suffered physical injury as a result of the offense that is
10    reasonably probable to require or has required long-term
11    physical health care for more than 3 months. As used in
12    this subsection (f-1) "long-term physical health care"
13    includes mental health care.
14        (2) The victim's estimate of long-term physical health
15    care costs may be made as part of a victim impact statement
16    under Section 6 of the Rights of Crime Victims and
17    Witnesses Act or made separately. The court shall enter the
18    long-term physical health care restitution order at the
19    time of sentencing. An order of restitution made under this
20    subsection (f-1) shall fix a monthly amount to be paid by
21    the defendant for as long as long-term physical health care
22    of the victim is required as a result of the offense. The
23    order may exceed the length of any sentence imposed upon
24    the defendant for the criminal activity. The court shall
25    include as a special finding in the judgment of conviction
26    its determination of the monthly cost of long-term physical

 

 

HB4594 Enrolled- 228 -LRB100 17151 MRW 32305 b

1    health care.
2        (3) After a sentencing order has been entered, the
3    court may from time to time, on the petition of either the
4    defendant or the victim, or upon its own motion, enter an
5    order for restitution for long-term physical care or modify
6    the existing order for restitution for long-term physical
7    care as to the amount of monthly payments. Any modification
8    of the order shall be based only upon a substantial change
9    of circumstances relating to the cost of long-term physical
10    health care or the financial condition of either the
11    defendant or the victim. The petition shall be filed as
12    part of the original criminal docket.
13        (g) In addition to the sentences provided for in
14    Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
15    11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14,
16    12-14.1, 12-15, and 12-16, and subdivision (a)(4) of
17    Section 11-14.4, of the Criminal Code of 1961 or the
18    Criminal Code of 2012, the court may order any person who
19    is convicted of violating any of those Sections or who was
20    charged with any of those offenses and which charge was
21    reduced to another charge as a result of a plea agreement
22    under subsection (d) of this Section to meet all or any
23    portion of the financial obligations of treatment,
24    including but not limited to medical, psychiatric, or
25    rehabilitative treatment or psychological counseling,
26    prescribed for the victim or victims of the offense.

 

 

HB4594 Enrolled- 229 -LRB100 17151 MRW 32305 b

1        The payments shall be made by the defendant to the
2    clerk of the circuit court and transmitted by the clerk to
3    the appropriate person or agency as directed by the court.
4    Except as otherwise provided in subsection (f-1), the order
5    may require such payments to be made for a period not to
6    exceed 5 years after sentencing, not including periods of
7    incarceration.
8        (h) The judge may enter an order of withholding to
9    collect the amount of restitution owed in accordance with
10    Part 8 of Article XII of the Code of Civil Procedure.
11        (i) A sentence of restitution may be modified or
12    revoked by the court if the offender commits another
13    offense, or the offender fails to make restitution as
14    ordered by the court, but no sentence to make restitution
15    shall be revoked unless the court shall find that the
16    offender has had the financial ability to make restitution,
17    and he has wilfully refused to do so. When the offender's
18    ability to pay restitution was established at the time an
19    order of restitution was entered or modified, or when the
20    offender's ability to pay was based on the offender's
21    willingness to make restitution as part of a plea agreement
22    made at the time the order of restitution was entered or
23    modified, there is a rebuttable presumption that the facts
24    and circumstances considered by the court at the hearing at
25    which the order of restitution was entered or modified
26    regarding the offender's ability or willingness to pay

 

 

HB4594 Enrolled- 230 -LRB100 17151 MRW 32305 b

1    restitution have not materially changed. If the court shall
2    find that the defendant has failed to make restitution and
3    that the failure is not wilful, the court may impose an
4    additional period of time within which to make restitution.
5    The length of the additional period shall not be more than
6    2 years. The court shall retain all of the incidents of the
7    original sentence, including the authority to modify or
8    enlarge the conditions, and to revoke or further modify the
9    sentence if the conditions of payment are violated during
10    the additional period.
11        (j) The procedure upon the filing of a Petition to
12    Revoke a sentence to make restitution shall be the same as
13    the procedures set forth in Section 5-6-4 of this Code
14    governing violation, modification, or revocation of
15    Probation, of Conditional Discharge, or of Supervision.
16        (k) Nothing contained in this Section shall preclude
17    the right of any party to proceed in a civil action to
18    recover for any damages incurred due to the criminal
19    misconduct of the defendant.
20        (l) Restitution ordered under this Section shall not be
21    subject to disbursement by the circuit clerk under the
22    Criminal and Traffic Assessment Act Section 27.5 of the
23    Clerks of Courts Act.
24        (m) A restitution order under this Section is a
25    judgment lien in favor of the victim that:
26            (1) Attaches to the property of the person subject

 

 

HB4594 Enrolled- 231 -LRB100 17151 MRW 32305 b

1        to the order;
2            (2) May be perfected in the same manner as provided
3        in Part 3 of Article 9 of the Uniform Commercial Code;
4            (3) May be enforced to satisfy any payment that is
5        delinquent under the restitution order by the person in
6        whose favor the order is issued or the person's
7        assignee; and
8            (4) Expires in the same manner as a judgment lien
9        created in a civil proceeding.
10        When a restitution order is issued under this Section,
11    the issuing court shall send a certified copy of the order
12    to the clerk of the circuit court in the county where the
13    charge was filed. Upon receiving the order, the clerk shall
14    enter and index the order in the circuit court judgment
15    docket.
16        (n) An order of restitution under this Section does not
17    bar a civil action for:
18            (1) Damages that the court did not require the
19        person to pay to the victim under the restitution order
20        but arise from an injury or property damages that is
21        the basis of restitution ordered by the court; and
22            (2) Other damages suffered by the victim.
23    The restitution order is not discharged by the completion
24of the sentence imposed for the offense.
25    A restitution order under this Section is not discharged by
26the liquidation of a person's estate by a receiver. A

 

 

HB4594 Enrolled- 232 -LRB100 17151 MRW 32305 b

1restitution order under this Section may be enforced in the
2same manner as judgment liens are enforced under Article XII of
3the Code of Civil Procedure.
4    The provisions of Section 2-1303 of the Code of Civil
5Procedure, providing for interest on judgments, apply to
6judgments for restitution entered under this Section.
7(Source: P.A. 96-290, eff. 8-11-09; 96-1551, eff. 7-1-11;
897-482, eff. 1-1-12; 97-817, eff. 1-1-13; 97-1150, eff.
91-25-13.)
 
10    (730 ILCS 5/5-6-1)  (from Ch. 38, par. 1005-6-1)
11    Sec. 5-6-1. Sentences of Probation and of Conditional
12Discharge and Disposition of Supervision. The General Assembly
13finds that in order to protect the public, the criminal justice
14system must compel compliance with the conditions of probation
15by responding to violations with swift, certain and fair
16punishments and intermediate sanctions. The Chief Judge of each
17circuit shall adopt a system of structured, intermediate
18sanctions for violations of the terms and conditions of a
19sentence of probation, conditional discharge or disposition of
20supervision.
21    (a) Except where specifically prohibited by other
22provisions of this Code, the court shall impose a sentence of
23probation or conditional discharge upon an offender unless,
24having regard to the nature and circumstance of the offense,
25and to the history, character and condition of the offender,

 

 

HB4594 Enrolled- 233 -LRB100 17151 MRW 32305 b

1the court is of the opinion that:
2        (1) his imprisonment or periodic imprisonment is
3    necessary for the protection of the public; or
4        (2) probation or conditional discharge would deprecate
5    the seriousness of the offender's conduct and would be
6    inconsistent with the ends of justice; or
7        (3) a combination of imprisonment with concurrent or
8    consecutive probation when an offender has been admitted
9    into a drug court program under Section 20 of the Drug
10    Court Treatment Act is necessary for the protection of the
11    public and for the rehabilitation of the offender.
12    The court shall impose as a condition of a sentence of
13probation, conditional discharge, or supervision, that the
14probation agency may invoke any sanction from the list of
15intermediate sanctions adopted by the chief judge of the
16circuit court for violations of the terms and conditions of the
17sentence of probation, conditional discharge, or supervision,
18subject to the provisions of Section 5-6-4 of this Act.
19    (b) The court may impose a sentence of conditional
20discharge for an offense if the court is of the opinion that
21neither a sentence of imprisonment nor of periodic imprisonment
22nor of probation supervision is appropriate.
23    (b-1) Subsections (a) and (b) of this Section do not apply
24to a defendant charged with a misdemeanor or felony under the
25Illinois Vehicle Code or reckless homicide under Section 9-3 of
26the Criminal Code of 1961 or the Criminal Code of 2012 if the

 

 

HB4594 Enrolled- 234 -LRB100 17151 MRW 32305 b

1defendant within the past 12 months has been convicted of or
2pleaded guilty to a misdemeanor or felony under the Illinois
3Vehicle Code or reckless homicide under Section 9-3 of the
4Criminal Code of 1961 or the Criminal Code of 2012.
5    (c) The court may, upon a plea of guilty or a stipulation
6by the defendant of the facts supporting the charge or a
7finding of guilt, defer further proceedings and the imposition
8of a sentence, and enter an order for supervision of the
9defendant, if the defendant is not charged with: (i) a Class A
10misdemeanor, as defined by the following provisions of the
11Criminal Code of 1961 or the Criminal Code of 2012: Sections
1211-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6;
1331-7; paragraphs (2) and (3) of subsection (a) of Section 21-1;
14paragraph (1) through (5), (8), (10), and (11) of subsection
15(a) of Section 24-1; (ii) a Class A misdemeanor violation of
16Section 3.01, 3.03-1, or 4.01 of the Humane Care for Animals
17Act; or (iii) a felony. If the defendant is not barred from
18receiving an order for supervision as provided in this
19subsection, the court may enter an order for supervision after
20considering the circumstances of the offense, and the history,
21character and condition of the offender, if the court is of the
22opinion that:
23        (1) the offender is not likely to commit further
24    crimes;
25        (2) the defendant and the public would be best served
26    if the defendant were not to receive a criminal record; and

 

 

HB4594 Enrolled- 235 -LRB100 17151 MRW 32305 b

1        (3) in the best interests of justice an order of
2    supervision is more appropriate than a sentence otherwise
3    permitted under this Code.
4    (c-5) Subsections (a), (b), and (c) of this Section do not
5apply to a defendant charged with a second or subsequent
6violation of Section 6-303 of the Illinois Vehicle Code
7committed while his or her driver's license, permit or
8privileges were revoked because of a violation of Section 9-3
9of the Criminal Code of 1961 or the Criminal Code of 2012,
10relating to the offense of reckless homicide, or a similar
11provision of a law of another state.
12    (d) The provisions of paragraph (c) shall not apply to a
13defendant charged with violating Section 11-501 of the Illinois
14Vehicle Code or a similar provision of a local ordinance when
15the defendant has previously been:
16        (1) convicted for a violation of Section 11-501 of the
17    Illinois Vehicle Code or a similar provision of a local
18    ordinance or any similar law or ordinance of another state;
19    or
20        (2) assigned supervision for a violation of Section
21    11-501 of the Illinois Vehicle Code or a similar provision
22    of a local ordinance or any similar law or ordinance of
23    another state; or
24        (3) pleaded guilty to or stipulated to the facts
25    supporting a charge or a finding of guilty to a violation
26    of Section 11-503 of the Illinois Vehicle Code or a similar

 

 

HB4594 Enrolled- 236 -LRB100 17151 MRW 32305 b

1    provision of a local ordinance or any similar law or
2    ordinance of another state, and the plea or stipulation was
3    the result of a plea agreement.
4    The court shall consider the statement of the prosecuting
5authority with regard to the standards set forth in this
6Section.
7    (e) The provisions of paragraph (c) shall not apply to a
8defendant charged with violating Section 16-25 or 16A-3 of the
9Criminal Code of 1961 or the Criminal Code of 2012 if said
10defendant has within the last 5 years been:
11        (1) convicted for a violation of Section 16-25 or 16A-3
12    of the Criminal Code of 1961 or the Criminal Code of 2012;
13    or
14        (2) assigned supervision for a violation of Section
15    16-25 or 16A-3 of the Criminal Code of 1961 or the Criminal
16    Code of 2012.
17    The court shall consider the statement of the prosecuting
18authority with regard to the standards set forth in this
19Section.
20    (f) The provisions of paragraph (c) shall not apply to a
21defendant charged with violating Sections 15-111, 15-112,
2215-301, paragraph (b) of Section 6-104, Section 11-605,
23paragraph (d-5) of Section 11-605.1, Section 11-1002.5, or
24Section 11-1414 of the Illinois Vehicle Code or a similar
25provision of a local ordinance.
26    (g) Except as otherwise provided in paragraph (i) of this

 

 

HB4594 Enrolled- 237 -LRB100 17151 MRW 32305 b

1Section, the provisions of paragraph (c) shall not apply to a
2defendant charged with violating Section 3-707, 3-708, 3-710,
3or 5-401.3 of the Illinois Vehicle Code or a similar provision
4of a local ordinance if the defendant has within the last 5
5years been:
6        (1) convicted for a violation of Section 3-707, 3-708,
7    3-710, or 5-401.3 of the Illinois Vehicle Code or a similar
8    provision of a local ordinance; or
9        (2) assigned supervision for a violation of Section
10    3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
11    Code or a similar provision of a local ordinance.
12    The court shall consider the statement of the prosecuting
13authority with regard to the standards set forth in this
14Section.
15    (h) The provisions of paragraph (c) shall not apply to a
16defendant under the age of 21 years charged with violating a
17serious traffic offense as defined in Section 1-187.001 of the
18Illinois Vehicle Code:
19        (1) unless the defendant, upon payment of the fines,
20    penalties, and costs provided by law, agrees to attend and
21    successfully complete a traffic safety program approved by
22    the court under standards set by the Conference of Chief
23    Circuit Judges. The accused shall be responsible for
24    payment of any traffic safety program fees. If the accused
25    fails to file a certificate of successful completion on or
26    before the termination date of the supervision order, the

 

 

HB4594 Enrolled- 238 -LRB100 17151 MRW 32305 b

1    supervision shall be summarily revoked and conviction
2    entered. The provisions of Supreme Court Rule 402 relating
3    to pleas of guilty do not apply in cases when a defendant
4    enters a guilty plea under this provision; or
5        (2) if the defendant has previously been sentenced
6    under the provisions of paragraph (c) on or after January
7    1, 1998 for any serious traffic offense as defined in
8    Section 1-187.001 of the Illinois Vehicle Code.
9    (h-1) The provisions of paragraph (c) shall not apply to a
10defendant under the age of 21 years charged with an offense
11against traffic regulations governing the movement of vehicles
12or any violation of Section 6-107 or Section 12-603.1 of the
13Illinois Vehicle Code, unless the defendant, upon payment of
14the fines, penalties, and costs provided by law, agrees to
15attend and successfully complete a traffic safety program
16approved by the court under standards set by the Conference of
17Chief Circuit Judges. The accused shall be responsible for
18payment of any traffic safety program fees. If the accused
19fails to file a certificate of successful completion on or
20before the termination date of the supervision order, the
21supervision shall be summarily revoked and conviction entered.
22The provisions of Supreme Court Rule 402 relating to pleas of
23guilty do not apply in cases when a defendant enters a guilty
24plea under this provision.
25    (i) The provisions of paragraph (c) shall not apply to a
26defendant charged with violating Section 3-707 of the Illinois

 

 

HB4594 Enrolled- 239 -LRB100 17151 MRW 32305 b

1Vehicle Code or a similar provision of a local ordinance if the
2defendant has been assigned supervision for a violation of
3Section 3-707 of the Illinois Vehicle Code or a similar
4provision of a local ordinance.
5    (j) The provisions of paragraph (c) shall not apply to a
6defendant charged with violating Section 6-303 of the Illinois
7Vehicle Code or a similar provision of a local ordinance when
8the revocation or suspension was for a violation of Section
911-501 or a similar provision of a local ordinance or a
10violation of Section 11-501.1 or paragraph (b) of Section
1111-401 of the Illinois Vehicle Code if the defendant has within
12the last 10 years been:
13        (1) convicted for a violation of Section 6-303 of the
14    Illinois Vehicle Code or a similar provision of a local
15    ordinance; or
16        (2) assigned supervision for a violation of Section
17    6-303 of the Illinois Vehicle Code or a similar provision
18    of a local ordinance.
19    (k) The provisions of paragraph (c) shall not apply to a
20defendant charged with violating any provision of the Illinois
21Vehicle Code or a similar provision of a local ordinance that
22governs the movement of vehicles if, within the 12 months
23preceding the date of the defendant's arrest, the defendant has
24been assigned court supervision on 2 occasions for a violation
25that governs the movement of vehicles under the Illinois
26Vehicle Code or a similar provision of a local ordinance. The

 

 

HB4594 Enrolled- 240 -LRB100 17151 MRW 32305 b

1provisions of this paragraph (k) do not apply to a defendant
2charged with violating Section 11-501 of the Illinois Vehicle
3Code or a similar provision of a local ordinance.
4    (l) (Blank). A defendant charged with violating any
5provision of the Illinois Vehicle Code or a similar provision
6of a local ordinance who receives a disposition of supervision
7under subsection (c) shall pay an additional fee of $29, to be
8collected as provided in Sections 27.5 and 27.6 of the Clerks
9of Courts Act. In addition to the $29 fee, the person shall
10also pay a fee of $6, which, if not waived by the court, shall
11be collected as provided in Sections 27.5 and 27.6 of the
12Clerks of Courts Act. The $29 fee shall be disbursed as
13provided in Section 16-104c of the Illinois Vehicle Code. If
14the $6 fee is collected, $5.50 of the fee shall be deposited
15into the Circuit Court Clerk Operation and Administrative Fund
16created by the Clerk of the Circuit Court and 50 cents of the
17fee shall be deposited into the Prisoner Review Board Vehicle
18and Equipment Fund in the State treasury.
19    (m) (Blank). Any person convicted of, pleading guilty to,
20or placed on supervision for a serious traffic violation, as
21defined in Section 1-187.001 of the Illinois Vehicle Code, a
22violation of Section 11-501 of the Illinois Vehicle Code, or a
23violation of a similar provision of a local ordinance shall pay
24an additional fee of $35, to be disbursed as provided in
25Section 16-104d of that Code.
26    This subsection (m) becomes inoperative on January 1, 2020.

 

 

HB4594 Enrolled- 241 -LRB100 17151 MRW 32305 b

1    (n) The provisions of paragraph (c) shall not apply to any
2person under the age of 18 who commits an offense against
3traffic regulations governing the movement of vehicles or any
4violation of Section 6-107 or Section 12-603.1 of the Illinois
5Vehicle Code, except upon personal appearance of the defendant
6in court and upon the written consent of the defendant's parent
7or legal guardian, executed before the presiding judge. The
8presiding judge shall have the authority to waive this
9requirement upon the showing of good cause by the defendant.
10    (o) The provisions of paragraph (c) shall not apply to a
11defendant charged with violating Section 6-303 of the Illinois
12Vehicle Code or a similar provision of a local ordinance when
13the suspension was for a violation of Section 11-501.1 of the
14Illinois Vehicle Code and when:
15        (1) at the time of the violation of Section 11-501.1 of
16    the Illinois Vehicle Code, the defendant was a first
17    offender pursuant to Section 11-500 of the Illinois Vehicle
18    Code and the defendant failed to obtain a monitoring device
19    driving permit; or
20        (2) at the time of the violation of Section 11-501.1 of
21    the Illinois Vehicle Code, the defendant was a first
22    offender pursuant to Section 11-500 of the Illinois Vehicle
23    Code, had subsequently obtained a monitoring device
24    driving permit, but was driving a vehicle not equipped with
25    a breath alcohol ignition interlock device as defined in
26    Section 1-129.1 of the Illinois Vehicle Code.

 

 

HB4594 Enrolled- 242 -LRB100 17151 MRW 32305 b

1    (p) The provisions of paragraph (c) shall not apply to a
2defendant charged with violating Section 11-601.5 of the
3Illinois Vehicle Code or a similar provision of a local
4ordinance when the defendant has previously been:
5        (1) convicted for a violation of Section 11-601.5 of
6    the Illinois Vehicle Code or a similar provision of a local
7    ordinance or any similar law or ordinance of another state;
8    or
9        (2) assigned supervision for a violation of Section
10    11-601.5 of the Illinois Vehicle Code or a similar
11    provision of a local ordinance or any similar law or
12    ordinance of another state.
13    (q) The provisions of paragraph (c) shall not apply to a
14defendant charged with violating subsection (b) of Section
1511-601 or Section 11-601.5 of the Illinois Vehicle Code when
16the defendant was operating a vehicle, in an urban district, at
17a speed that is 26 miles per hour or more in excess of the
18applicable maximum speed limit established under Chapter 11 of
19the Illinois Vehicle Code.
20    (r) The provisions of paragraph (c) shall not apply to a
21defendant charged with violating any provision of the Illinois
22Vehicle Code or a similar provision of a local ordinance if the
23violation was the proximate cause of the death of another and
24the defendant's driving abstract contains a prior conviction or
25disposition of court supervision for any violation of the
26Illinois Vehicle Code, other than an equipment violation, or a

 

 

HB4594 Enrolled- 243 -LRB100 17151 MRW 32305 b

1suspension, revocation, or cancellation of the driver's
2license.
3    (s) The provisions of paragraph (c) shall not apply to a
4defendant charged with violating subsection (i) of Section 70
5of the Firearm Concealed Carry Act.
6(Source: P.A. 98-169, eff. 1-1-14; 98-658, eff. 6-23-14;
798-899, eff. 8-15-14; 99-78, eff. 7-20-15; 99-212, eff.
81-1-16.)
 
9    (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
10    Sec. 5-6-3. Conditions of probation and of conditional
11discharge.
12    (a) The conditions of probation and of conditional
13discharge shall be that the person:
14        (1) not violate any criminal statute of any
15    jurisdiction;
16        (2) report to or appear in person before such person or
17    agency as directed by the court;
18        (3) refrain from possessing a firearm or other
19    dangerous weapon where the offense is a felony or, if a
20    misdemeanor, the offense involved the intentional or
21    knowing infliction of bodily harm or threat of bodily harm;
22        (4) not leave the State without the consent of the
23    court or, in circumstances in which the reason for the
24    absence is of such an emergency nature that prior consent
25    by the court is not possible, without the prior

 

 

HB4594 Enrolled- 244 -LRB100 17151 MRW 32305 b

1    notification and approval of the person's probation
2    officer. Transfer of a person's probation or conditional
3    discharge supervision to another state is subject to
4    acceptance by the other state pursuant to the Interstate
5    Compact for Adult Offender Supervision;
6        (5) permit the probation officer to visit him at his
7    home or elsewhere to the extent necessary to discharge his
8    duties;
9        (6) perform no less than 30 hours of community service
10    and not more than 120 hours of community service, if
11    community service is available in the jurisdiction and is
12    funded and approved by the county board where the offense
13    was committed, where the offense was related to or in
14    furtherance of the criminal activities of an organized gang
15    and was motivated by the offender's membership in or
16    allegiance to an organized gang. The community service
17    shall include, but not be limited to, the cleanup and
18    repair of any damage caused by a violation of Section
19    21-1.3 of the Criminal Code of 1961 or the Criminal Code of
20    2012 and similar damage to property located within the
21    municipality or county in which the violation occurred.
22    When possible and reasonable, the community service should
23    be performed in the offender's neighborhood. For purposes
24    of this Section, "organized gang" has the meaning ascribed
25    to it in Section 10 of the Illinois Streetgang Terrorism
26    Omnibus Prevention Act. The court may give credit toward

 

 

HB4594 Enrolled- 245 -LRB100 17151 MRW 32305 b

1    the fulfillment of community service hours for
2    participation in activities and treatment as determined by
3    court services;
4        (7) if he or she is at least 17 years of age and has
5    been sentenced to probation or conditional discharge for a
6    misdemeanor or felony in a county of 3,000,000 or more
7    inhabitants and has not been previously convicted of a
8    misdemeanor or felony, may be required by the sentencing
9    court to attend educational courses designed to prepare the
10    defendant for a high school diploma and to work toward a
11    high school diploma or to work toward passing high school
12    equivalency testing or to work toward completing a
13    vocational training program approved by the court. The
14    person on probation or conditional discharge must attend a
15    public institution of education to obtain the educational
16    or vocational training required by this paragraph (7). The
17    court shall revoke the probation or conditional discharge
18    of a person who wilfully fails to comply with this
19    paragraph (7). The person on probation or conditional
20    discharge shall be required to pay for the cost of the
21    educational courses or high school equivalency testing if a
22    fee is charged for those courses or testing. The court
23    shall resentence the offender whose probation or
24    conditional discharge has been revoked as provided in
25    Section 5-6-4. This paragraph (7) does not apply to a
26    person who has a high school diploma or has successfully

 

 

HB4594 Enrolled- 246 -LRB100 17151 MRW 32305 b

1    passed high school equivalency testing. This paragraph (7)
2    does not apply to a person who is determined by the court
3    to be a person with a developmental disability or otherwise
4    mentally incapable of completing the educational or
5    vocational program;
6        (8) if convicted of possession of a substance
7    prohibited by the Cannabis Control Act, the Illinois
8    Controlled Substances Act, or the Methamphetamine Control
9    and Community Protection Act after a previous conviction or
10    disposition of supervision for possession of a substance
11    prohibited by the Cannabis Control Act or Illinois
12    Controlled Substances Act or after a sentence of probation
13    under Section 10 of the Cannabis Control Act, Section 410
14    of the Illinois Controlled Substances Act, or Section 70 of
15    the Methamphetamine Control and Community Protection Act
16    and upon a finding by the court that the person is
17    addicted, undergo treatment at a substance abuse program
18    approved by the court;
19        (8.5) if convicted of a felony sex offense as defined
20    in the Sex Offender Management Board Act, the person shall
21    undergo and successfully complete sex offender treatment
22    by a treatment provider approved by the Board and conducted
23    in conformance with the standards developed under the Sex
24    Offender Management Board Act;
25        (8.6) if convicted of a sex offense as defined in the
26    Sex Offender Management Board Act, refrain from residing at

 

 

HB4594 Enrolled- 247 -LRB100 17151 MRW 32305 b

1    the same address or in the same condominium unit or
2    apartment unit or in the same condominium complex or
3    apartment complex with another person he or she knows or
4    reasonably should know is a convicted sex offender or has
5    been placed on supervision for a sex offense; the
6    provisions of this paragraph do not apply to a person
7    convicted of a sex offense who is placed in a Department of
8    Corrections licensed transitional housing facility for sex
9    offenders;
10        (8.7) if convicted for an offense committed on or after
11    June 1, 2008 (the effective date of Public Act 95-464) that
12    would qualify the accused as a child sex offender as
13    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
14    1961 or the Criminal Code of 2012, refrain from
15    communicating with or contacting, by means of the Internet,
16    a person who is not related to the accused and whom the
17    accused reasonably believes to be under 18 years of age;
18    for purposes of this paragraph (8.7), "Internet" has the
19    meaning ascribed to it in Section 16-0.1 of the Criminal
20    Code of 2012; and a person is not related to the accused if
21    the person is not: (i) the spouse, brother, or sister of
22    the accused; (ii) a descendant of the accused; (iii) a
23    first or second cousin of the accused; or (iv) a step-child
24    or adopted child of the accused;
25        (8.8) if convicted for an offense under Section 11-6,
26    11-9.1, 11-14.4 that involves soliciting for a juvenile

 

 

HB4594 Enrolled- 248 -LRB100 17151 MRW 32305 b

1    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
2    of the Criminal Code of 1961 or the Criminal Code of 2012,
3    or any attempt to commit any of these offenses, committed
4    on or after June 1, 2009 (the effective date of Public Act
5    95-983):
6            (i) not access or use a computer or any other
7        device with Internet capability without the prior
8        written approval of the offender's probation officer,
9        except in connection with the offender's employment or
10        search for employment with the prior approval of the
11        offender's probation officer;
12            (ii) submit to periodic unannounced examinations
13        of the offender's computer or any other device with
14        Internet capability by the offender's probation
15        officer, a law enforcement officer, or assigned
16        computer or information technology specialist,
17        including the retrieval and copying of all data from
18        the computer or device and any internal or external
19        peripherals and removal of such information,
20        equipment, or device to conduct a more thorough
21        inspection;
22            (iii) submit to the installation on the offender's
23        computer or device with Internet capability, at the
24        offender's expense, of one or more hardware or software
25        systems to monitor the Internet use; and
26            (iv) submit to any other appropriate restrictions

 

 

HB4594 Enrolled- 249 -LRB100 17151 MRW 32305 b

1        concerning the offender's use of or access to a
2        computer or any other device with Internet capability
3        imposed by the offender's probation officer;
4        (8.9) if convicted of a sex offense as defined in the
5    Sex Offender Registration Act committed on or after January
6    1, 2010 (the effective date of Public Act 96-262), refrain
7    from accessing or using a social networking website as
8    defined in Section 17-0.5 of the Criminal Code of 2012;
9        (9) if convicted of a felony or of any misdemeanor
10    violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
11    12-3.5 of the Criminal Code of 1961 or the Criminal Code of
12    2012 that was determined, pursuant to Section 112A-11.1 of
13    the Code of Criminal Procedure of 1963, to trigger the
14    prohibitions of 18 U.S.C. 922(g)(9), physically surrender
15    at a time and place designated by the court, his or her
16    Firearm Owner's Identification Card and any and all
17    firearms in his or her possession. The Court shall return
18    to the Department of State Police Firearm Owner's
19    Identification Card Office the person's Firearm Owner's
20    Identification Card;
21        (10) if convicted of a sex offense as defined in
22    subsection (a-5) of Section 3-1-2 of this Code, unless the
23    offender is a parent or guardian of the person under 18
24    years of age present in the home and no non-familial minors
25    are present, not participate in a holiday event involving
26    children under 18 years of age, such as distributing candy

 

 

HB4594 Enrolled- 250 -LRB100 17151 MRW 32305 b

1    or other items to children on Halloween, wearing a Santa
2    Claus costume on or preceding Christmas, being employed as
3    a department store Santa Claus, or wearing an Easter Bunny
4    costume on or preceding Easter;
5        (11) if convicted of a sex offense as defined in
6    Section 2 of the Sex Offender Registration Act committed on
7    or after January 1, 2010 (the effective date of Public Act
8    96-362) that requires the person to register as a sex
9    offender under that Act, may not knowingly use any computer
10    scrub software on any computer that the sex offender uses;
11        (12) if convicted of a violation of the Methamphetamine
12    Control and Community Protection Act, the Methamphetamine
13    Precursor Control Act, or a methamphetamine related
14    offense:
15            (A) prohibited from purchasing, possessing, or
16        having under his or her control any product containing
17        pseudoephedrine unless prescribed by a physician; and
18            (B) prohibited from purchasing, possessing, or
19        having under his or her control any product containing
20        ammonium nitrate; and
21        (13) if convicted of a hate crime involving the
22    protected class identified in subsection (a) of Section
23    12-7.1 of the Criminal Code of 2012 that gave rise to the
24    offense the offender committed, perform public or
25    community service of no less than 200 hours and enroll in
26    an educational program discouraging hate crimes that

 

 

HB4594 Enrolled- 251 -LRB100 17151 MRW 32305 b

1    includes racial, ethnic, and cultural sensitivity training
2    ordered by the court.
3    (b) The Court may in addition to other reasonable
4conditions relating to the nature of the offense or the
5rehabilitation of the defendant as determined for each
6defendant in the proper discretion of the Court require that
7the person:
8        (1) serve a term of periodic imprisonment under Article
9    7 for a period not to exceed that specified in paragraph
10    (d) of Section 5-7-1;
11        (2) pay a fine and costs;
12        (3) work or pursue a course of study or vocational
13    training;
14        (4) undergo medical, psychological or psychiatric
15    treatment; or treatment for drug addiction or alcoholism;
16        (5) attend or reside in a facility established for the
17    instruction or residence of defendants on probation;
18        (6) support his dependents;
19        (7) and in addition, if a minor:
20            (i) reside with his parents or in a foster home;
21            (ii) attend school;
22            (iii) attend a non-residential program for youth;
23            (iv) contribute to his own support at home or in a
24        foster home;
25            (v) with the consent of the superintendent of the
26        facility, attend an educational program at a facility

 

 

HB4594 Enrolled- 252 -LRB100 17151 MRW 32305 b

1        other than the school in which the offense was
2        committed if he or she is convicted of a crime of
3        violence as defined in Section 2 of the Crime Victims
4        Compensation Act committed in a school, on the real
5        property comprising a school, or within 1,000 feet of
6        the real property comprising a school;
7        (8) make restitution as provided in Section 5-5-6 of
8    this Code;
9        (9) perform some reasonable public or community
10    service;
11        (10) serve a term of home confinement. In addition to
12    any other applicable condition of probation or conditional
13    discharge, the conditions of home confinement shall be that
14    the offender:
15            (i) remain within the interior premises of the
16        place designated for his confinement during the hours
17        designated by the court;
18            (ii) admit any person or agent designated by the
19        court into the offender's place of confinement at any
20        time for purposes of verifying the offender's
21        compliance with the conditions of his confinement; and
22            (iii) if further deemed necessary by the court or
23        the Probation or Court Services Department, be placed
24        on an approved electronic monitoring device, subject
25        to Article 8A of Chapter V;
26            (iv) for persons convicted of any alcohol,

 

 

HB4594 Enrolled- 253 -LRB100 17151 MRW 32305 b

1        cannabis or controlled substance violation who are
2        placed on an approved monitoring device as a condition
3        of probation or conditional discharge, the court shall
4        impose a reasonable fee for each day of the use of the
5        device, as established by the county board in
6        subsection (g) of this Section, unless after
7        determining the inability of the offender to pay the
8        fee, the court assesses a lesser fee or no fee as the
9        case may be. This fee shall be imposed in addition to
10        the fees imposed under subsections (g) and (i) of this
11        Section. The fee shall be collected by the clerk of the
12        circuit court, except as provided in an administrative
13        order of the Chief Judge of the circuit court. The
14        clerk of the circuit court shall pay all monies
15        collected from this fee to the county treasurer for
16        deposit in the substance abuse services fund under
17        Section 5-1086.1 of the Counties Code, except as
18        provided in an administrative order of the Chief Judge
19        of the circuit court.
20            The Chief Judge of the circuit court of the county
21        may by administrative order establish a program for
22        electronic monitoring of offenders, in which a vendor
23        supplies and monitors the operation of the electronic
24        monitoring device, and collects the fees on behalf of
25        the county. The program shall include provisions for
26        indigent offenders and the collection of unpaid fees.

 

 

HB4594 Enrolled- 254 -LRB100 17151 MRW 32305 b

1        The program shall not unduly burden the offender and
2        shall be subject to review by the Chief Judge.
3            The Chief Judge of the circuit court may suspend
4        any additional charges or fees for late payment,
5        interest, or damage to any device; and
6            (v) for persons convicted of offenses other than
7        those referenced in clause (iv) above and who are
8        placed on an approved monitoring device as a condition
9        of probation or conditional discharge, the court shall
10        impose a reasonable fee for each day of the use of the
11        device, as established by the county board in
12        subsection (g) of this Section, unless after
13        determining the inability of the defendant to pay the
14        fee, the court assesses a lesser fee or no fee as the
15        case may be. This fee shall be imposed in addition to
16        the fees imposed under subsections (g) and (i) of this
17        Section. The fee shall be collected by the clerk of the
18        circuit court, except as provided in an administrative
19        order of the Chief Judge of the circuit court. The
20        clerk of the circuit court shall pay all monies
21        collected from this fee to the county treasurer who
22        shall use the monies collected to defray the costs of
23        corrections. The county treasurer shall deposit the
24        fee collected in the probation and court services fund.
25        The Chief Judge of the circuit court of the county may
26        by administrative order establish a program for

 

 

HB4594 Enrolled- 255 -LRB100 17151 MRW 32305 b

1        electronic monitoring of offenders, in which a vendor
2        supplies and monitors the operation of the electronic
3        monitoring device, and collects the fees on behalf of
4        the county. The program shall include provisions for
5        indigent offenders and the collection of unpaid fees.
6        The program shall not unduly burden the offender and
7        shall be subject to review by the Chief Judge.
8            The Chief Judge of the circuit court may suspend
9        any additional charges or fees for late payment,
10        interest, or damage to any device.
11        (11) comply with the terms and conditions of an order
12    of protection issued by the court pursuant to the Illinois
13    Domestic Violence Act of 1986, as now or hereafter amended,
14    or an order of protection issued by the court of another
15    state, tribe, or United States territory. A copy of the
16    order of protection shall be transmitted to the probation
17    officer or agency having responsibility for the case;
18        (12) reimburse any "local anti-crime program" as
19    defined in Section 7 of the Anti-Crime Advisory Council Act
20    for any reasonable expenses incurred by the program on the
21    offender's case, not to exceed the maximum amount of the
22    fine authorized for the offense for which the defendant was
23    sentenced;
24        (13) contribute a reasonable sum of money, not to
25    exceed the maximum amount of the fine authorized for the
26    offense for which the defendant was sentenced, (i) to a

 

 

HB4594 Enrolled- 256 -LRB100 17151 MRW 32305 b

1    "local anti-crime program", as defined in Section 7 of the
2    Anti-Crime Advisory Council Act, or (ii) for offenses under
3    the jurisdiction of the Department of Natural Resources, to
4    the fund established by the Department of Natural Resources
5    for the purchase of evidence for investigation purposes and
6    to conduct investigations as outlined in Section 805-105 of
7    the Department of Natural Resources (Conservation) Law;
8        (14) refrain from entering into a designated
9    geographic area except upon such terms as the court finds
10    appropriate. Such terms may include consideration of the
11    purpose of the entry, the time of day, other persons
12    accompanying the defendant, and advance approval by a
13    probation officer, if the defendant has been placed on
14    probation or advance approval by the court, if the
15    defendant was placed on conditional discharge;
16        (15) refrain from having any contact, directly or
17    indirectly, with certain specified persons or particular
18    types of persons, including but not limited to members of
19    street gangs and drug users or dealers;
20        (16) refrain from having in his or her body the
21    presence of any illicit drug prohibited by the Cannabis
22    Control Act, the Illinois Controlled Substances Act, or the
23    Methamphetamine Control and Community Protection Act,
24    unless prescribed by a physician, and submit samples of his
25    or her blood or urine or both for tests to determine the
26    presence of any illicit drug;

 

 

HB4594 Enrolled- 257 -LRB100 17151 MRW 32305 b

1        (17) if convicted for an offense committed on or after
2    June 1, 2008 (the effective date of Public Act 95-464) that
3    would qualify the accused as a child sex offender as
4    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
5    1961 or the Criminal Code of 2012, refrain from
6    communicating with or contacting, by means of the Internet,
7    a person who is related to the accused and whom the accused
8    reasonably believes to be under 18 years of age; for
9    purposes of this paragraph (17), "Internet" has the meaning
10    ascribed to it in Section 16-0.1 of the Criminal Code of
11    2012; and a person is related to the accused if the person
12    is: (i) the spouse, brother, or sister of the accused; (ii)
13    a descendant of the accused; (iii) a first or second cousin
14    of the accused; or (iv) a step-child or adopted child of
15    the accused;
16        (18) if convicted for an offense committed on or after
17    June 1, 2009 (the effective date of Public Act 95-983) that
18    would qualify as a sex offense as defined in the Sex
19    Offender Registration Act:
20            (i) not access or use a computer or any other
21        device with Internet capability without the prior
22        written approval of the offender's probation officer,
23        except in connection with the offender's employment or
24        search for employment with the prior approval of the
25        offender's probation officer;
26            (ii) submit to periodic unannounced examinations

 

 

HB4594 Enrolled- 258 -LRB100 17151 MRW 32305 b

1        of the offender's computer or any other device with
2        Internet capability by the offender's probation
3        officer, a law enforcement officer, or assigned
4        computer or information technology specialist,
5        including the retrieval and copying of all data from
6        the computer or device and any internal or external
7        peripherals and removal of such information,
8        equipment, or device to conduct a more thorough
9        inspection;
10            (iii) submit to the installation on the offender's
11        computer or device with Internet capability, at the
12        subject's expense, of one or more hardware or software
13        systems to monitor the Internet use; and
14            (iv) submit to any other appropriate restrictions
15        concerning the offender's use of or access to a
16        computer or any other device with Internet capability
17        imposed by the offender's probation officer; and
18        (19) refrain from possessing a firearm or other
19    dangerous weapon where the offense is a misdemeanor that
20    did not involve the intentional or knowing infliction of
21    bodily harm or threat of bodily harm.
22    (c) The court may as a condition of probation or of
23conditional discharge require that a person under 18 years of
24age found guilty of any alcohol, cannabis or controlled
25substance violation, refrain from acquiring a driver's license
26during the period of probation or conditional discharge. If

 

 

HB4594 Enrolled- 259 -LRB100 17151 MRW 32305 b

1such person is in possession of a permit or license, the court
2may require that the minor refrain from driving or operating
3any motor vehicle during the period of probation or conditional
4discharge, except as may be necessary in the course of the
5minor's lawful employment.
6    (d) An offender sentenced to probation or to conditional
7discharge shall be given a certificate setting forth the
8conditions thereof.
9    (e) Except where the offender has committed a fourth or
10subsequent violation of subsection (c) of Section 6-303 of the
11Illinois Vehicle Code, the court shall not require as a
12condition of the sentence of probation or conditional discharge
13that the offender be committed to a period of imprisonment in
14excess of 6 months. This 6-month limit shall not include
15periods of confinement given pursuant to a sentence of county
16impact incarceration under Section 5-8-1.2.
17    Persons committed to imprisonment as a condition of
18probation or conditional discharge shall not be committed to
19the Department of Corrections.
20    (f) The court may combine a sentence of periodic
21imprisonment under Article 7 or a sentence to a county impact
22incarceration program under Article 8 with a sentence of
23probation or conditional discharge.
24    (g) An offender sentenced to probation or to conditional
25discharge and who during the term of either undergoes mandatory
26drug or alcohol testing, or both, or is assigned to be placed

 

 

HB4594 Enrolled- 260 -LRB100 17151 MRW 32305 b

1on an approved electronic monitoring device, shall be ordered
2to pay all costs incidental to such mandatory drug or alcohol
3testing, or both, and all costs incidental to such approved
4electronic monitoring in accordance with the defendant's
5ability to pay those costs. The county board with the
6concurrence of the Chief Judge of the judicial circuit in which
7the county is located shall establish reasonable fees for the
8cost of maintenance, testing, and incidental expenses related
9to the mandatory drug or alcohol testing, or both, and all
10costs incidental to approved electronic monitoring, involved
11in a successful probation program for the county. The
12concurrence of the Chief Judge shall be in the form of an
13administrative order. The fees shall be collected by the clerk
14of the circuit court, except as provided in an administrative
15order of the Chief Judge of the circuit court. The clerk of the
16circuit court shall pay all moneys collected from these fees to
17the county treasurer who shall use the moneys collected to
18defray the costs of drug testing, alcohol testing, and
19electronic monitoring. The county treasurer shall deposit the
20fees collected in the county working cash fund under Section
216-27001 or Section 6-29002 of the Counties Code, as the case
22may be. The Chief Judge of the circuit court of the county may
23by administrative order establish a program for electronic
24monitoring of offenders, in which a vendor supplies and
25monitors the operation of the electronic monitoring device, and
26collects the fees on behalf of the county. The program shall

 

 

HB4594 Enrolled- 261 -LRB100 17151 MRW 32305 b

1include provisions for indigent offenders and the collection of
2unpaid fees. The program shall not unduly burden the offender
3and shall be subject to review by the Chief Judge.
4    The Chief Judge of the circuit court may suspend any
5additional charges or fees for late payment, interest, or
6damage to any device.
7    (h) Jurisdiction over an offender may be transferred from
8the sentencing court to the court of another circuit with the
9concurrence of both courts. Further transfers or retransfers of
10jurisdiction are also authorized in the same manner. The court
11to which jurisdiction has been transferred shall have the same
12powers as the sentencing court. The probation department within
13the circuit to which jurisdiction has been transferred, or
14which has agreed to provide supervision, may impose probation
15fees upon receiving the transferred offender, as provided in
16subsection (i). For all transfer cases, as defined in Section
179b of the Probation and Probation Officers Act, the probation
18department from the original sentencing court shall retain all
19probation fees collected prior to the transfer. After the
20transfer, all probation fees shall be paid to the probation
21department within the circuit to which jurisdiction has been
22transferred.
23    (i) The court shall impose upon an offender sentenced to
24probation after January 1, 1989 or to conditional discharge
25after January 1, 1992 or to community service under the
26supervision of a probation or court services department after

 

 

HB4594 Enrolled- 262 -LRB100 17151 MRW 32305 b

1January 1, 2004, as a condition of such probation or
2conditional discharge or supervised community service, a fee of
3$50 for each month of probation or conditional discharge
4supervision or supervised community service ordered by the
5court, unless after determining the inability of the person
6sentenced to probation or conditional discharge or supervised
7community service to pay the fee, the court assesses a lesser
8fee. The court may not impose the fee on a minor who is placed
9in the guardianship or custody of the Department of Children
10and Family Services under the Juvenile Court Act of 1987 while
11the minor is in placement. The fee shall be imposed only upon
12an offender who is actively supervised by the probation and
13court services department. The fee shall be collected by the
14clerk of the circuit court. The clerk of the circuit court
15shall pay all monies collected from this fee to the county
16treasurer for deposit in the probation and court services fund
17under Section 15.1 of the Probation and Probation Officers Act.
18    A circuit court may not impose a probation fee under this
19subsection (i) in excess of $25 per month unless the circuit
20court has adopted, by administrative order issued by the chief
21judge, a standard probation fee guide determining an offender's
22ability to pay Of the amount collected as a probation fee, up
23to $5 of that fee collected per month may be used to provide
24services to crime victims and their families.
25    The Court may only waive probation fees based on an
26offender's ability to pay. The probation department may

 

 

HB4594 Enrolled- 263 -LRB100 17151 MRW 32305 b

1re-evaluate an offender's ability to pay every 6 months, and,
2with the approval of the Director of Court Services or the
3Chief Probation Officer, adjust the monthly fee amount. An
4offender may elect to pay probation fees due in a lump sum. Any
5offender that has been assigned to the supervision of a
6probation department, or has been transferred either under
7subsection (h) of this Section or under any interstate compact,
8shall be required to pay probation fees to the department
9supervising the offender, based on the offender's ability to
10pay.
11    Public Act 93-970 deletes the $10 increase in the fee under
12this subsection that was imposed by Public Act 93-616. This
13deletion is intended to control over any other Act of the 93rd
14General Assembly that retains or incorporates that fee
15increase.
16    (i-5) In addition to the fees imposed under subsection (i)
17of this Section, in the case of an offender convicted of a
18felony sex offense (as defined in the Sex Offender Management
19Board Act) or an offense that the court or probation department
20has determined to be sexually motivated (as defined in the Sex
21Offender Management Board Act), the court or the probation
22department shall assess additional fees to pay for all costs of
23treatment, assessment, evaluation for risk and treatment, and
24monitoring the offender, based on that offender's ability to
25pay those costs either as they occur or under a payment plan.
26    (j) All fines and costs imposed under this Section for any

 

 

HB4594 Enrolled- 264 -LRB100 17151 MRW 32305 b

1violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
2Code, or a similar provision of a local ordinance, and any
3violation of the Child Passenger Protection Act, or a similar
4provision of a local ordinance, shall be collected and
5disbursed by the circuit clerk as provided under the Criminal
6and Traffic Assessment Act Section 27.5 of the Clerks of Courts
7Act.
8    (k) Any offender who is sentenced to probation or
9conditional discharge for a felony sex offense as defined in
10the Sex Offender Management Board Act or any offense that the
11court or probation department has determined to be sexually
12motivated as defined in the Sex Offender Management Board Act
13shall be required to refrain from any contact, directly or
14indirectly, with any persons specified by the court and shall
15be available for all evaluations and treatment programs
16required by the court or the probation department.
17    (l) The court may order an offender who is sentenced to
18probation or conditional discharge for a violation of an order
19of protection be placed under electronic surveillance as
20provided in Section 5-8A-7 of this Code.
21(Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16;
22100-159, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff.
231-8-18.)
 
24    (730 ILCS 5/5-6-3.1)  (from Ch. 38, par. 1005-6-3.1)
25    Sec. 5-6-3.1. Incidents and conditions of supervision.

 

 

HB4594 Enrolled- 265 -LRB100 17151 MRW 32305 b

1    (a) When a defendant is placed on supervision, the court
2shall enter an order for supervision specifying the period of
3such supervision, and shall defer further proceedings in the
4case until the conclusion of the period.
5    (b) The period of supervision shall be reasonable under all
6of the circumstances of the case, but may not be longer than 2
7years, unless the defendant has failed to pay the assessment
8required by Section 10.3 of the Cannabis Control Act, Section
9411.2 of the Illinois Controlled Substances Act, or Section 80
10of the Methamphetamine Control and Community Protection Act, in
11which case the court may extend supervision beyond 2 years.
12Additionally, the court shall order the defendant to perform no
13less than 30 hours of community service and not more than 120
14hours of community service, if community service is available
15in the jurisdiction and is funded and approved by the county
16board where the offense was committed, when the offense (1) was
17related to or in furtherance of the criminal activities of an
18organized gang or was motivated by the defendant's membership
19in or allegiance to an organized gang; or (2) is a violation of
20any Section of Article 24 of the Criminal Code of 1961 or the
21Criminal Code of 2012 where a disposition of supervision is not
22prohibited by Section 5-6-1 of this Code. The community service
23shall include, but not be limited to, the cleanup and repair of
24any damage caused by violation of Section 21-1.3 of the
25Criminal Code of 1961 or the Criminal Code of 2012 and similar
26damages to property located within the municipality or county

 

 

HB4594 Enrolled- 266 -LRB100 17151 MRW 32305 b

1in which the violation occurred. Where possible and reasonable,
2the community service should be performed in the offender's
3neighborhood.
4    For the purposes of this Section, "organized gang" has the
5meaning ascribed to it in Section 10 of the Illinois Streetgang
6Terrorism Omnibus Prevention Act.
7    (c) The court may in addition to other reasonable
8conditions relating to the nature of the offense or the
9rehabilitation of the defendant as determined for each
10defendant in the proper discretion of the court require that
11the person:
12        (1) make a report to and appear in person before or
13    participate with the court or such courts, person, or
14    social service agency as directed by the court in the order
15    of supervision;
16        (2) pay a fine and costs;
17        (3) work or pursue a course of study or vocational
18    training;
19        (4) undergo medical, psychological or psychiatric
20    treatment; or treatment for drug addiction or alcoholism;
21        (5) attend or reside in a facility established for the
22    instruction or residence of defendants on probation;
23        (6) support his dependents;
24        (7) refrain from possessing a firearm or other
25    dangerous weapon;
26        (8) and in addition, if a minor:

 

 

HB4594 Enrolled- 267 -LRB100 17151 MRW 32305 b

1            (i) reside with his parents or in a foster home;
2            (ii) attend school;
3            (iii) attend a non-residential program for youth;
4            (iv) contribute to his own support at home or in a
5        foster home; or
6            (v) with the consent of the superintendent of the
7        facility, attend an educational program at a facility
8        other than the school in which the offense was
9        committed if he or she is placed on supervision for a
10        crime of violence as defined in Section 2 of the Crime
11        Victims Compensation Act committed in a school, on the
12        real property comprising a school, or within 1,000 feet
13        of the real property comprising a school;
14        (9) make restitution or reparation in an amount not to
15    exceed actual loss or damage to property and pecuniary loss
16    or make restitution under Section 5-5-6 to a domestic
17    violence shelter. The court shall determine the amount and
18    conditions of payment;
19        (10) perform some reasonable public or community
20    service;
21        (11) comply with the terms and conditions of an order
22    of protection issued by the court pursuant to the Illinois
23    Domestic Violence Act of 1986 or an order of protection
24    issued by the court of another state, tribe, or United
25    States territory. If the court has ordered the defendant to
26    make a report and appear in person under paragraph (1) of

 

 

HB4594 Enrolled- 268 -LRB100 17151 MRW 32305 b

1    this subsection, a copy of the order of protection shall be
2    transmitted to the person or agency so designated by the
3    court;
4        (12) reimburse any "local anti-crime program" as
5    defined in Section 7 of the Anti-Crime Advisory Council Act
6    for any reasonable expenses incurred by the program on the
7    offender's case, not to exceed the maximum amount of the
8    fine authorized for the offense for which the defendant was
9    sentenced;
10        (13) contribute a reasonable sum of money, not to
11    exceed the maximum amount of the fine authorized for the
12    offense for which the defendant was sentenced, (i) to a
13    "local anti-crime program", as defined in Section 7 of the
14    Anti-Crime Advisory Council Act, or (ii) for offenses under
15    the jurisdiction of the Department of Natural Resources, to
16    the fund established by the Department of Natural Resources
17    for the purchase of evidence for investigation purposes and
18    to conduct investigations as outlined in Section 805-105 of
19    the Department of Natural Resources (Conservation) Law;
20        (14) refrain from entering into a designated
21    geographic area except upon such terms as the court finds
22    appropriate. Such terms may include consideration of the
23    purpose of the entry, the time of day, other persons
24    accompanying the defendant, and advance approval by a
25    probation officer;
26        (15) refrain from having any contact, directly or

 

 

HB4594 Enrolled- 269 -LRB100 17151 MRW 32305 b

1    indirectly, with certain specified persons or particular
2    types of person, including but not limited to members of
3    street gangs and drug users or dealers;
4        (16) refrain from having in his or her body the
5    presence of any illicit drug prohibited by the Cannabis
6    Control Act, the Illinois Controlled Substances Act, or the
7    Methamphetamine Control and Community Protection Act,
8    unless prescribed by a physician, and submit samples of his
9    or her blood or urine or both for tests to determine the
10    presence of any illicit drug;
11        (17) refrain from operating any motor vehicle not
12    equipped with an ignition interlock device as defined in
13    Section 1-129.1 of the Illinois Vehicle Code; under this
14    condition the court may allow a defendant who is not
15    self-employed to operate a vehicle owned by the defendant's
16    employer that is not equipped with an ignition interlock
17    device in the course and scope of the defendant's
18    employment; and
19        (18) if placed on supervision for a sex offense as
20    defined in subsection (a-5) of Section 3-1-2 of this Code,
21    unless the offender is a parent or guardian of the person
22    under 18 years of age present in the home and no
23    non-familial minors are present, not participate in a
24    holiday event involving children under 18 years of age,
25    such as distributing candy or other items to children on
26    Halloween, wearing a Santa Claus costume on or preceding

 

 

HB4594 Enrolled- 270 -LRB100 17151 MRW 32305 b

1    Christmas, being employed as a department store Santa
2    Claus, or wearing an Easter Bunny costume on or preceding
3    Easter.
4    (c-5) If payment of restitution as ordered has not been
5made, the victim shall file a petition notifying the sentencing
6court, any other person to whom restitution is owed, and the
7State's Attorney of the status of the ordered restitution
8payments unpaid at least 90 days before the supervision
9expiration date. If payment as ordered has not been made, the
10court shall hold a review hearing prior to the expiration date,
11unless the hearing is voluntarily waived by the defendant with
12the knowledge that waiver may result in an extension of the
13supervision period or in a revocation of supervision. If the
14court does not extend supervision, it shall issue a judgment
15for the unpaid restitution and direct the clerk of the circuit
16court to file and enter the judgment in the judgment and lien
17docket, without fee, unless it finds that the victim has
18recovered a judgment against the defendant for the amount
19covered by the restitution order. If the court issues a
20judgment for the unpaid restitution, the court shall send to
21the defendant at his or her last known address written
22notification that a civil judgment has been issued for the
23unpaid restitution.
24    (d) The court shall defer entering any judgment on the
25charges until the conclusion of the supervision.
26    (e) At the conclusion of the period of supervision, if the

 

 

HB4594 Enrolled- 271 -LRB100 17151 MRW 32305 b

1court determines that the defendant has successfully complied
2with all of the conditions of supervision, the court shall
3discharge the defendant and enter a judgment dismissing the
4charges.
5    (f) Discharge and dismissal upon a successful conclusion of
6a disposition of supervision shall be deemed without
7adjudication of guilt and shall not be termed a conviction for
8purposes of disqualification or disabilities imposed by law
9upon conviction of a crime. Two years after the discharge and
10dismissal under this Section, unless the disposition of
11supervision was for a violation of Sections 3-707, 3-708,
123-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a
13similar provision of a local ordinance, or for a violation of
14Sections 12-3.2, 16-25, or 16A-3 of the Criminal Code of 1961
15or the Criminal Code of 2012, in which case it shall be 5 years
16after discharge and dismissal, a person may have his record of
17arrest sealed or expunged as may be provided by law. However,
18any defendant placed on supervision before January 1, 1980, may
19move for sealing or expungement of his arrest record, as
20provided by law, at any time after discharge and dismissal
21under this Section. A person placed on supervision for a sexual
22offense committed against a minor as defined in clause
23(a)(1)(L) of Section 5.2 of the Criminal Identification Act or
24for a violation of Section 11-501 of the Illinois Vehicle Code
25or a similar provision of a local ordinance shall not have his
26or her record of arrest sealed or expunged.

 

 

HB4594 Enrolled- 272 -LRB100 17151 MRW 32305 b

1    (g) A defendant placed on supervision and who during the
2period of supervision undergoes mandatory drug or alcohol
3testing, or both, or is assigned to be placed on an approved
4electronic monitoring device, shall be ordered to pay the costs
5incidental to such mandatory drug or alcohol testing, or both,
6and costs incidental to such approved electronic monitoring in
7accordance with the defendant's ability to pay those costs. The
8county board with the concurrence of the Chief Judge of the
9judicial circuit in which the county is located shall establish
10reasonable fees for the cost of maintenance, testing, and
11incidental expenses related to the mandatory drug or alcohol
12testing, or both, and all costs incidental to approved
13electronic monitoring, of all defendants placed on
14supervision. The concurrence of the Chief Judge shall be in the
15form of an administrative order. The fees shall be collected by
16the clerk of the circuit court, except as provided in an
17administrative order of the Chief Judge of the circuit court.
18The clerk of the circuit court shall pay all moneys collected
19from these fees to the county treasurer who shall use the
20moneys collected to defray the costs of drug testing, alcohol
21testing, and electronic monitoring. The county treasurer shall
22deposit the fees collected in the county working cash fund
23under Section 6-27001 or Section 6-29002 of the Counties Code,
24as the case may be.
25    The Chief Judge of the circuit court of the county may by
26administrative order establish a program for electronic

 

 

HB4594 Enrolled- 273 -LRB100 17151 MRW 32305 b

1monitoring of offenders, in which a vendor supplies and
2monitors the operation of the electronic monitoring device, and
3collects the fees on behalf of the county. The program shall
4include provisions for indigent offenders and the collection of
5unpaid fees. The program shall not unduly burden the offender
6and shall be subject to review by the Chief Judge.
7    The Chief Judge of the circuit court may suspend any
8additional charges or fees for late payment, interest, or
9damage to any device.
10    (h) A disposition of supervision is a final order for the
11purposes of appeal.
12    (i) The court shall impose upon a defendant placed on
13supervision after January 1, 1992 or to community service under
14the supervision of a probation or court services department
15after January 1, 2004, as a condition of supervision or
16supervised community service, a fee of $50 for each month of
17supervision or supervised community service ordered by the
18court, unless after determining the inability of the person
19placed on supervision or supervised community service to pay
20the fee, the court assesses a lesser fee. The court may not
21impose the fee on a minor who is placed in the guardianship or
22custody of the Department of Children and Family Services under
23the Juvenile Court Act of 1987 while the minor is in placement.
24The fee shall be imposed only upon a defendant who is actively
25supervised by the probation and court services department. The
26fee shall be collected by the clerk of the circuit court. The

 

 

HB4594 Enrolled- 274 -LRB100 17151 MRW 32305 b

1clerk of the circuit court shall pay all monies collected from
2this fee to the county treasurer for deposit in the probation
3and court services fund pursuant to Section 15.1 of the
4Probation and Probation Officers Act.
5    A circuit court may not impose a probation fee in excess of
6$25 per month unless the circuit court has adopted, by
7administrative order issued by the chief judge, a standard
8probation fee guide determining an offender's ability to pay.
9Of the amount collected as a probation fee, not to exceed $5 of
10that fee collected per month may be used to provide services to
11crime victims and their families.
12    The Court may only waive probation fees based on an
13offender's ability to pay. The probation department may
14re-evaluate an offender's ability to pay every 6 months, and,
15with the approval of the Director of Court Services or the
16Chief Probation Officer, adjust the monthly fee amount. An
17offender may elect to pay probation fees due in a lump sum. Any
18offender that has been assigned to the supervision of a
19probation department, or has been transferred either under
20subsection (h) of this Section or under any interstate compact,
21shall be required to pay probation fees to the department
22supervising the offender, based on the offender's ability to
23pay.
24    (j) All fines and costs imposed under this Section for any
25violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
26Code, or a similar provision of a local ordinance, and any

 

 

HB4594 Enrolled- 275 -LRB100 17151 MRW 32305 b

1violation of the Child Passenger Protection Act, or a similar
2provision of a local ordinance, shall be collected and
3disbursed by the circuit clerk as provided under the Criminal
4and Traffic Assessment Act Section 27.5 of the Clerks of Courts
5Act.
6    (k) A defendant at least 17 years of age who is placed on
7supervision for a misdemeanor in a county of 3,000,000 or more
8inhabitants and who has not been previously convicted of a
9misdemeanor or felony may as a condition of his or her
10supervision be required by the court to attend educational
11courses designed to prepare the defendant for a high school
12diploma and to work toward a high school diploma or to work
13toward passing high school equivalency testing or to work
14toward completing a vocational training program approved by the
15court. The defendant placed on supervision must attend a public
16institution of education to obtain the educational or
17vocational training required by this subsection (k). The
18defendant placed on supervision shall be required to pay for
19the cost of the educational courses or high school equivalency
20testing if a fee is charged for those courses or testing. The
21court shall revoke the supervision of a person who wilfully
22fails to comply with this subsection (k). The court shall
23resentence the defendant upon revocation of supervision as
24provided in Section 5-6-4. This subsection (k) does not apply
25to a defendant who has a high school diploma or has
26successfully passed high school equivalency testing. This

 

 

HB4594 Enrolled- 276 -LRB100 17151 MRW 32305 b

1subsection (k) does not apply to a defendant who is determined
2by the court to be a person with a developmental disability or
3otherwise mentally incapable of completing the educational or
4vocational program.
5    (l) The court shall require a defendant placed on
6supervision for possession of a substance prohibited by the
7Cannabis Control Act, the Illinois Controlled Substances Act,
8or the Methamphetamine Control and Community Protection Act
9after a previous conviction or disposition of supervision for
10possession of a substance prohibited by the Cannabis Control
11Act, the Illinois Controlled Substances Act, or the
12Methamphetamine Control and Community Protection Act or a
13sentence of probation under Section 10 of the Cannabis Control
14Act or Section 410 of the Illinois Controlled Substances Act
15and after a finding by the court that the person is addicted,
16to undergo treatment at a substance abuse program approved by
17the court.
18    (m) The Secretary of State shall require anyone placed on
19court supervision for a violation of Section 3-707 of the
20Illinois Vehicle Code or a similar provision of a local
21ordinance to give proof of his or her financial responsibility
22as defined in Section 7-315 of the Illinois Vehicle Code. The
23proof shall be maintained by the individual in a manner
24satisfactory to the Secretary of State for a minimum period of
253 years after the date the proof is first filed. The proof
26shall be limited to a single action per arrest and may not be

 

 

HB4594 Enrolled- 277 -LRB100 17151 MRW 32305 b

1affected by any post-sentence disposition. The Secretary of
2State shall suspend the driver's license of any person
3determined by the Secretary to be in violation of this
4subsection.
5    (n) Any offender placed on supervision for any offense that
6the court or probation department has determined to be sexually
7motivated as defined in the Sex Offender Management Board Act
8shall be required to refrain from any contact, directly or
9indirectly, with any persons specified by the court and shall
10be available for all evaluations and treatment programs
11required by the court or the probation department.
12    (o) An offender placed on supervision for a sex offense as
13defined in the Sex Offender Management Board Act shall refrain
14from residing at the same address or in the same condominium
15unit or apartment unit or in the same condominium complex or
16apartment complex with another person he or she knows or
17reasonably should know is a convicted sex offender or has been
18placed on supervision for a sex offense. The provisions of this
19subsection (o) do not apply to a person convicted of a sex
20offense who is placed in a Department of Corrections licensed
21transitional housing facility for sex offenders.
22    (p) An offender placed on supervision for an offense
23committed on or after June 1, 2008 (the effective date of
24Public Act 95-464) that would qualify the accused as a child
25sex offender as defined in Section 11-9.3 or 11-9.4 of the
26Criminal Code of 1961 or the Criminal Code of 2012 shall

 

 

HB4594 Enrolled- 278 -LRB100 17151 MRW 32305 b

1refrain from communicating with or contacting, by means of the
2Internet, a person who is not related to the accused and whom
3the accused reasonably believes to be under 18 years of age.
4For purposes of this subsection (p), "Internet" has the meaning
5ascribed to it in Section 16-0.1 of the Criminal Code of 2012;
6and a person is not related to the accused if the person is
7not: (i) the spouse, brother, or sister of the accused; (ii) a
8descendant of the accused; (iii) a first or second cousin of
9the accused; or (iv) a step-child or adopted child of the
10accused.
11    (q) An offender placed on supervision for an offense
12committed on or after June 1, 2008 (the effective date of
13Public Act 95-464) that would qualify the accused as a child
14sex offender as defined in Section 11-9.3 or 11-9.4 of the
15Criminal Code of 1961 or the Criminal Code of 2012 shall, if so
16ordered by the court, refrain from communicating with or
17contacting, by means of the Internet, a person who is related
18to the accused and whom the accused reasonably believes to be
19under 18 years of age. For purposes of this subsection (q),
20"Internet" has the meaning ascribed to it in Section 16-0.1 of
21the Criminal Code of 2012; and a person is related to the
22accused if the person is: (i) the spouse, brother, or sister of
23the accused; (ii) a descendant of the accused; (iii) a first or
24second cousin of the accused; or (iv) a step-child or adopted
25child of the accused.
26    (r) An offender placed on supervision for an offense under

 

 

HB4594 Enrolled- 279 -LRB100 17151 MRW 32305 b

1Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a
2juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or
311-21 of the Criminal Code of 1961 or the Criminal Code of
42012, or any attempt to commit any of these offenses, committed
5on or after June 1, 2009 (the effective date of Public Act
695-983) shall:
7        (i) not access or use a computer or any other device
8    with Internet capability without the prior written
9    approval of the court, except in connection with the
10    offender's employment or search for employment with the
11    prior approval of the court;
12        (ii) submit to periodic unannounced examinations of
13    the offender's computer or any other device with Internet
14    capability by the offender's probation officer, a law
15    enforcement officer, or assigned computer or information
16    technology specialist, including the retrieval and copying
17    of all data from the computer or device and any internal or
18    external peripherals and removal of such information,
19    equipment, or device to conduct a more thorough inspection;
20        (iii) submit to the installation on the offender's
21    computer or device with Internet capability, at the
22    offender's expense, of one or more hardware or software
23    systems to monitor the Internet use; and
24        (iv) submit to any other appropriate restrictions
25    concerning the offender's use of or access to a computer or
26    any other device with Internet capability imposed by the

 

 

HB4594 Enrolled- 280 -LRB100 17151 MRW 32305 b

1    court.
2    (s) An offender placed on supervision for an offense that
3is a sex offense as defined in Section 2 of the Sex Offender
4Registration Act that is committed on or after January 1, 2010
5(the effective date of Public Act 96-362) that requires the
6person to register as a sex offender under that Act, may not
7knowingly use any computer scrub software on any computer that
8the sex offender uses.
9    (t) An offender placed on supervision for a sex offense as
10defined in the Sex Offender Registration Act committed on or
11after January 1, 2010 (the effective date of Public Act 96-262)
12shall refrain from accessing or using a social networking
13website as defined in Section 17-0.5 of the Criminal Code of
142012.
15    (u) Jurisdiction over an offender may be transferred from
16the sentencing court to the court of another circuit with the
17concurrence of both courts. Further transfers or retransfers of
18jurisdiction are also authorized in the same manner. The court
19to which jurisdiction has been transferred shall have the same
20powers as the sentencing court. The probation department within
21the circuit to which jurisdiction has been transferred may
22impose probation fees upon receiving the transferred offender,
23as provided in subsection (i). The probation department from
24the original sentencing court shall retain all probation fees
25collected prior to the transfer.
26(Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15;

 

 

HB4594 Enrolled- 281 -LRB100 17151 MRW 32305 b

199-642, eff. 7-28-16; 99-797, eff. 8-12-16; 100-159, eff.
28-18-17; 100-201, eff. 8-18-17.)
 
3    (730 ILCS 5/5-7-1)  (from Ch. 38, par. 1005-7-1)
4    Sec. 5-7-1. Sentence of Periodic Imprisonment.
5    (a) A sentence of periodic imprisonment is a sentence of
6imprisonment during which the committed person may be released
7for periods of time during the day or night or for periods of
8days, or both, or if convicted of a felony, other than first
9degree murder, a Class X or Class 1 felony, committed to any
10county, municipal, or regional correctional or detention
11institution or facility in this State for such periods of time
12as the court may direct. Unless the court orders otherwise, the
13particular times and conditions of release shall be determined
14by the Department of Corrections, the sheriff, or the
15Superintendent of the house of corrections, who is
16administering the program.
17    (b) A sentence of periodic imprisonment may be imposed to
18permit the defendant to:
19        (1) seek employment;
20        (2) work;
21        (3) conduct a business or other self-employed
22    occupation including housekeeping;
23        (4) attend to family needs;
24        (5) attend an educational institution, including
25    vocational education;

 

 

HB4594 Enrolled- 282 -LRB100 17151 MRW 32305 b

1        (6) obtain medical or psychological treatment;
2        (7) perform work duties at a county, municipal, or
3    regional correctional or detention institution or
4    facility;
5        (8) continue to reside at home with or without
6    supervision involving the use of an approved electronic
7    monitoring device, subject to Article 8A of Chapter V; or
8        (9) for any other purpose determined by the court.
9    (c) Except where prohibited by other provisions of this
10Code, the court may impose a sentence of periodic imprisonment
11for a felony or misdemeanor on a person who is 17 years of age
12or older. The court shall not impose a sentence of periodic
13imprisonment if it imposes a sentence of imprisonment upon the
14defendant in excess of 90 days.
15    (d) A sentence of periodic imprisonment shall be for a
16definite term of from 3 to 4 years for a Class 1 felony, 18 to
1730 months for a Class 2 felony, and up to 18 months, or the
18longest sentence of imprisonment that could be imposed for the
19offense, whichever is less, for all other offenses; however, no
20person shall be sentenced to a term of periodic imprisonment
21longer than one year if he is committed to a county
22correctional institution or facility, and in conjunction with
23that sentence participate in a county work release program
24comparable to the work and day release program provided for in
25Article 13 of the Unified Code of Corrections in State
26facilities. The term of the sentence shall be calculated upon

 

 

HB4594 Enrolled- 283 -LRB100 17151 MRW 32305 b

1the basis of the duration of its term rather than upon the
2basis of the actual days spent in confinement. No sentence of
3periodic imprisonment shall be subject to the good time credit
4provisions of Section 3-6-3 of this Code.
5    (e) When the court imposes a sentence of periodic
6imprisonment, it shall state:
7        (1) the term of such sentence;
8        (2) the days or parts of days which the defendant is to
9    be confined;
10        (3) the conditions.
11    (f) The court may issue an order of protection pursuant to
12the Illinois Domestic Violence Act of 1986 as a condition of a
13sentence of periodic imprisonment. The Illinois Domestic
14Violence Act of 1986 shall govern the issuance, enforcement and
15recording of orders of protection issued under this Section. A
16copy of the order of protection shall be transmitted to the
17person or agency having responsibility for the case.
18    (f-5) An offender sentenced to a term of periodic
19imprisonment for a felony sex offense as defined in the Sex
20Offender Management Board Act shall be required to undergo and
21successfully complete sex offender treatment by a treatment
22provider approved by the Board and conducted in conformance
23with the standards developed under the Sex Offender Management
24Board Act.
25    (g) An offender sentenced to periodic imprisonment who
26undergoes mandatory drug or alcohol testing, or both, or is

 

 

HB4594 Enrolled- 284 -LRB100 17151 MRW 32305 b

1assigned to be placed on an approved electronic monitoring
2device, shall be ordered to pay the costs incidental to such
3mandatory drug or alcohol testing, or both, and costs
4incidental to such approved electronic monitoring in
5accordance with the defendant's ability to pay those costs. The
6county board with the concurrence of the Chief Judge of the
7judicial circuit in which the county is located shall establish
8reasonable fees for the cost of maintenance, testing, and
9incidental expenses related to the mandatory drug or alcohol
10testing, or both, and all costs incidental to approved
11electronic monitoring, of all offenders with a sentence of
12periodic imprisonment. The concurrence of the Chief Judge shall
13be in the form of an administrative order. The fees shall be
14collected by the clerk of the circuit court, except as provided
15in an administrative order of the Chief Judge of the circuit
16court. The clerk of the circuit court shall pay all moneys
17collected from these fees to the county treasurer who shall use
18the moneys collected to defray the costs of drug testing,
19alcohol testing, and electronic monitoring. The county
20treasurer shall deposit the fees collected in the county
21working cash fund under Section 6-27001 or Section 6-29002 of
22the Counties Code, as the case may be.
23    (h) All fees and costs imposed under this Section for any
24violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
25Code, or a similar provision of a local ordinance, and any
26violation of the Child Passenger Protection Act, or a similar

 

 

HB4594 Enrolled- 285 -LRB100 17151 MRW 32305 b

1provision of a local ordinance, shall be collected and
2disbursed by the circuit clerk as provided under the Criminal
3and Traffic Assessment Act Section 27.5 of the Clerks of Courts
4Act.
5    The Chief Judge of the circuit court of the county may by
6administrative order establish a program for electronic
7monitoring of offenders, in which a vendor supplies and
8monitors the operation of the electronic monitoring device, and
9collects the fees on behalf of the county. The program shall
10include provisions for indigent offenders and the collection of
11unpaid fees. The program shall not unduly burden the offender
12and shall be subject to review by the Chief Judge.
13    The Chief Judge of the circuit court may suspend any
14additional charges or fees for late payment, interest, or
15damage to any device.
16    (i) A defendant at least 17 years of age who is convicted
17of a misdemeanor or felony in a county of 3,000,000 or more
18inhabitants and who has not been previously convicted of a
19misdemeanor or a felony and who is sentenced to a term of
20periodic imprisonment may as a condition of his or her sentence
21be required by the court to attend educational courses designed
22to prepare the defendant for a high school diploma and to work
23toward receiving a high school diploma or to work toward
24passing high school equivalency testing or to work toward
25completing a vocational training program approved by the court.
26The defendant sentenced to periodic imprisonment must attend a

 

 

HB4594 Enrolled- 286 -LRB100 17151 MRW 32305 b

1public institution of education to obtain the educational or
2vocational training required by this subsection (i). The
3defendant sentenced to a term of periodic imprisonment shall be
4required to pay for the cost of the educational courses or high
5school equivalency testing if a fee is charged for those
6courses or testing. The court shall revoke the sentence of
7periodic imprisonment of the defendant who wilfully fails to
8comply with this subsection (i). The court shall resentence the
9defendant whose sentence of periodic imprisonment has been
10revoked as provided in Section 5-7-2. This subsection (i) does
11not apply to a defendant who has a high school diploma or has
12successfully passed high school equivalency testing. This
13subsection (i) does not apply to a defendant who is determined
14by the court to be a person with a developmental disability or
15otherwise mentally incapable of completing the educational or
16vocational program.
17(Source: P.A. 98-718, eff. 1-1-15; 99-143, eff. 7-27-15;
1899-797, eff. 8-12-16.)
 
19    (730 ILCS 5/5-9-1)  (from Ch. 38, par. 1005-9-1)
20    Sec. 5-9-1. Authorized fines.
21    (a) An offender may be sentenced to pay a fine as provided
22in Article 4.5 of Chapter V.
23    (b) (Blank.).
24    (c) (Blank). There shall be added to every fine imposed in
25sentencing for a criminal or traffic offense, except an offense

 

 

HB4594 Enrolled- 287 -LRB100 17151 MRW 32305 b

1relating to parking or registration, or offense by a
2pedestrian, an additional penalty of $15 for each $40, or
3fraction thereof, of fine imposed. The additional penalty of
4$15 for each $40, or fraction thereof, of fine imposed, if not
5otherwise assessed, shall also be added to every fine imposed
6upon a plea of guilty, stipulation of facts or findings of
7guilty, resulting in a judgment of conviction, or order of
8supervision in criminal, traffic, local ordinance, county
9ordinance, and conservation cases (except parking,
10registration, or pedestrian violations), or upon a sentence of
11probation without entry of judgment under Section 10 of the
12Cannabis Control Act, Section 410 of the Illinois Controlled
13Substances Act, or Section 70 of the Methamphetamine Control
14and Community Protection Act.
15    Such additional amounts shall be assessed by the court
16imposing the fine and shall be collected by the Circuit Clerk
17in addition to the fine and costs in the case. Each such
18additional penalty shall be remitted by the Circuit Clerk
19within one month after receipt to the State Treasurer. The
20State Treasurer shall deposit $1 for each $40, or fraction
21thereof, of fine imposed into the LEADS Maintenance Fund. The
22State Treasurer shall deposit $3 for each $40, or fraction
23thereof, of fine imposed into the Law Enforcement Camera Grant
24Fund. The remaining surcharge amount shall be deposited into
25the Traffic and Criminal Conviction Surcharge Fund, unless the
26fine, costs or additional amounts are subject to disbursement

 

 

HB4594 Enrolled- 288 -LRB100 17151 MRW 32305 b

1by the circuit clerk under Section 27.5 of the Clerks of Courts
2Act. Such additional penalty shall not be considered a part of
3the fine for purposes of any reduction in the fine for time
4served either before or after sentencing. Not later than March
51 of each year the Circuit Clerk shall submit a report of the
6amount of funds remitted to the State Treasurer under this
7subsection (c) during the preceding calendar year. Except as
8otherwise provided by Supreme Court Rules, if a court in
9imposing a fine against an offender levies a gross amount for
10fine, costs, fees and penalties, the amount of the additional
11penalty provided for herein shall be computed on the amount
12remaining after deducting from the gross amount levied all fees
13of the Circuit Clerk, the State's Attorney and the Sheriff.
14After deducting from the gross amount levied the fees and
15additional penalty provided for herein, less any other
16additional penalties provided by law, the clerk shall remit the
17net balance remaining to the entity authorized by law to
18receive the fine imposed in the case. For purposes of this
19Section "fees of the Circuit Clerk" shall include, if
20applicable, the fee provided for under Section 27.3a of the
21Clerks of Courts Act and the fee, if applicable, payable to the
22county in which the violation occurred pursuant to Section
235-1101 of the Counties Code.
24    (c-5) (Blank). In addition to the fines imposed by
25subsection (c), any person convicted or receiving an order of
26supervision for driving under the influence of alcohol or drugs

 

 

HB4594 Enrolled- 289 -LRB100 17151 MRW 32305 b

1shall pay an additional $100 fee to the clerk. This additional
2fee, less 2 1/2% that shall be used to defray administrative
3costs incurred by the clerk, shall be remitted by the clerk to
4the Treasurer within 60 days after receipt for deposit into the
5Trauma Center Fund. This additional fee of $100 shall not be
6considered a part of the fine for purposes of any reduction in
7the fine for time served either before or after sentencing. Not
8later than March 1 of each year the Circuit Clerk shall submit
9a report of the amount of funds remitted to the State Treasurer
10under this subsection (c-5) during the preceding calendar year.
11    The Circuit Clerk may accept payment of fines and costs by
12credit card from an offender who has been convicted of a
13traffic offense, petty offense or misdemeanor and may charge
14the service fee permitted where fines and costs are paid by
15credit card provided for in Section 27.3b of the Clerks of
16Courts Act.
17    (c-7) (Blank). In addition to the fines imposed by
18subsection (c), any person convicted or receiving an order of
19supervision for driving under the influence of alcohol or drugs
20shall pay an additional $5 fee to the clerk. This additional
21fee, less 2 1/2% that shall be used to defray administrative
22costs incurred by the clerk, shall be remitted by the clerk to
23the Treasurer within 60 days after receipt for deposit into the
24Spinal Cord Injury Paralysis Cure Research Trust Fund. This
25additional fee of $5 shall not be considered a part of the fine
26for purposes of any reduction in the fine for time served

 

 

HB4594 Enrolled- 290 -LRB100 17151 MRW 32305 b

1either before or after sentencing. Not later than March 1 of
2each year the Circuit Clerk shall submit a report of the amount
3of funds remitted to the State Treasurer under this subsection
4(c-7) during the preceding calendar year.
5    (c-9) (Blank).
6    (d) In determining the amount and method of payment of a
7fine, except for those fines established for violations of
8Chapter 15 of the Illinois Vehicle Code, the court shall
9consider:
10        (1) the financial resources and future ability of the
11    offender to pay the fine; and
12        (2) whether the fine will prevent the offender from
13    making court ordered restitution or reparation to the
14    victim of the offense; and
15        (3) in a case where the accused is a dissolved
16    corporation and the court has appointed counsel to
17    represent the corporation, the costs incurred either by the
18    county or the State for such representation.
19    (e) The court may order the fine to be paid forthwith or
20within a specified period of time or in installments.
21    (f) (Blank). All fines, costs and additional amounts
22imposed under this Section for any violation of Chapters 3, 4,
236, and 11 of the Illinois Vehicle Code, or a similar provision
24of a local ordinance, and any violation of the Child Passenger
25Protection Act, or a similar provision of a local ordinance,
26shall be collected and disbursed by the circuit clerk as

 

 

HB4594 Enrolled- 291 -LRB100 17151 MRW 32305 b

1provided under Section 27.5 of the Clerks of Courts Act.
2(Source: P.A. 99-352, eff. 1-1-16.)
 
3    (730 ILCS 5/5-9-1.4)  (from Ch. 38, par. 1005-9-1.4)
4    Sec. 5-9-1.4. (a) "Crime laboratory" means any
5not-for-profit laboratory registered with the Drug Enforcement
6Administration of the United States Department of Justice,
7substantially funded by a unit or combination of units of local
8government or the State of Illinois, which regularly employs at
9least one person engaged in the analysis of controlled
10substances, cannabis, methamphetamine, or steroids for
11criminal justice agencies in criminal matters and provides
12testimony with respect to such examinations.
13    (b) (Blank). When a person has been adjudged guilty of an
14offense in violation of the Cannabis Control Act, the Illinois
15Controlled Substances Act, the Methamphetamine Control and
16Community Protection Act, or the Steroid Control Act, in
17addition to any other disposition, penalty or fine imposed, a
18criminal laboratory analysis fee of $100 for each offense for
19which he was convicted shall be levied by the court. Any person
20placed on probation pursuant to Section 10 of the Cannabis
21Control Act, Section 410 of the Illinois Controlled Substances
22Act, Section 70 of the Methamphetamine Control and Community
23Protection Act, or Section 10 of the Steroid Control Act or
24placed on supervision for a violation of the Cannabis Control
25Act, the Illinois Controlled Substances Act or the Steroid

 

 

HB4594 Enrolled- 292 -LRB100 17151 MRW 32305 b

1Control Act shall be assessed a criminal laboratory analysis
2fee of $100 for each offense for which he was charged. Upon
3verified petition of the person, the court may suspend payment
4of all or part of the fee if it finds that the person does not
5have the ability to pay the fee.
6    (c) In addition to any other disposition made pursuant to
7the provisions of the Juvenile Court Act of 1987, any minor
8adjudicated delinquent for an offense which if committed by an
9adult would constitute a violation of the Cannabis Control Act,
10the Illinois Controlled Substances Act, the Methamphetamine
11Control and Community Protection Act, or the Steroid Control
12Act shall be required to pay assessed a criminal laboratory
13analysis assessment fee of $100 for each adjudication. Upon
14verified petition of the minor, the court may suspend payment
15of all or part of the assessment fee if it finds that the minor
16does not have the ability to pay the assessment fee. The
17parent, guardian or legal custodian of the minor may pay some
18or all of such assessment fee on the minor's behalf.
19    (d) All criminal laboratory analysis fees provided for by
20this Section shall be collected by the clerk of the court and
21forwarded to the appropriate crime laboratory fund as provided
22in subsection (f).
23    (e) Crime laboratory funds shall be established as follows:
24        (1) Any unit of local government which maintains a
25    crime laboratory may establish a crime laboratory fund
26    within the office of the county or municipal treasurer.

 

 

HB4594 Enrolled- 293 -LRB100 17151 MRW 32305 b

1        (2) Any combination of units of local government which
2    maintains a crime laboratory may establish a crime
3    laboratory fund within the office of the treasurer of the
4    county where the crime laboratory is situated.
5        (3) The State Crime Laboratory Fund is hereby created
6    as a special fund in the State Treasury.
7    (f) The analysis assessment fee provided for in subsection
8subsections (b) and (c) of this Section shall be forwarded to
9the office of the treasurer of the unit of local government
10that performed the analysis if that unit of local government
11has established a crime laboratory fund, or to the State Crime
12Laboratory Fund if the analysis was performed by a laboratory
13operated by the Illinois State Police. If the analysis was
14performed by a crime laboratory funded by a combination of
15units of local government, the analysis assessment fee shall be
16forwarded to the treasurer of the county where the crime
17laboratory is situated if a crime laboratory fund has been
18established in that county. If the unit of local government or
19combination of units of local government has not established a
20crime laboratory fund, then the analysis assessment fee shall
21be forwarded to the State Crime Laboratory Fund. The clerk of
22the circuit court may retain the amount of $10 from each
23collected analysis fee to offset administrative costs incurred
24in carrying out the clerk's responsibilities under this
25Section.
26    (g) Moneys Fees deposited into a crime laboratory fund

 

 

HB4594 Enrolled- 294 -LRB100 17151 MRW 32305 b

1created pursuant to paragraphs (1) or (2) of subsection (e) of
2this Section shall be in addition to any allocations made
3pursuant to existing law and shall be designated for the
4exclusive use of the crime laboratory. These uses may include,
5but are not limited to, the following:
6        (1) costs incurred in providing analysis for
7    controlled substances in connection with criminal
8    investigations conducted within this State;
9        (2) purchase and maintenance of equipment for use in
10    performing analyses; and
11        (3) continuing education, training and professional
12    development of forensic scientists regularly employed by
13    these laboratories.
14    (h) Moneys Fees deposited in the State Crime Laboratory
15Fund created pursuant to paragraph (3) of subsection (d) of
16this Section shall be used by State crime laboratories as
17designated by the Director of State Police. These funds shall
18be in addition to any allocations made pursuant to existing law
19and shall be designated for the exclusive use of State crime
20laboratories. These uses may include those enumerated in
21subsection (g) of this Section.
22(Source: P.A. 94-556, eff. 9-11-05.)
 
23    (730 ILCS 5/5-9-1.7)  (from Ch. 38, par. 1005-9-1.7)
24    Sec. 5-9-1.7. Sexual assault fines.
25    (a) Definitions. The terms used in this Section shall have

 

 

HB4594 Enrolled- 295 -LRB100 17151 MRW 32305 b

1the following meanings ascribed to them:
2        (1) "Sexual assault" means the commission or attempted
3    commission of the following: sexual exploitation of a
4    child, criminal sexual assault, predatory criminal sexual
5    assault of a child, aggravated criminal sexual assault,
6    criminal sexual abuse, aggravated criminal sexual abuse,
7    indecent solicitation of a child, public indecency, sexual
8    relations within families, promoting juvenile
9    prostitution, soliciting for a juvenile prostitute,
10    keeping a place of juvenile prostitution, patronizing a
11    juvenile prostitute, juvenile pimping, exploitation of a
12    child, obscenity, child pornography, aggravated child
13    pornography, harmful material, or ritualized abuse of a
14    child, as those offenses are defined in the Criminal Code
15    of 1961 or the Criminal Code of 2012.
16        (2) (Blank). "Family member" shall have the meaning
17    ascribed to it in Section 11-0.1 of the Criminal Code of
18    2012.
19        (3) "Sexual assault organization" means any
20    not-for-profit organization providing comprehensive,
21    community-based services to victims of sexual assault.
22    "Community-based services" include, but are not limited
23    to, direct crisis intervention through a 24-hour response,
24    medical and legal advocacy, counseling, information and
25    referral services, training, and community education.
26    (b) (Blank). Sexual assault fine; collection by clerk.

 

 

HB4594 Enrolled- 296 -LRB100 17151 MRW 32305 b

1        (1) In addition to any other penalty imposed, a fine of
2    $200 shall be imposed upon any person who pleads guilty or
3    who is convicted of, or who receives a disposition of court
4    supervision for, a sexual assault or attempt of a sexual
5    assault. Upon request of the victim or the victim's
6    representative, the court shall determine whether the fine
7    will impose an undue burden on the victim of the offense.
8    For purposes of this paragraph, the defendant may not be
9    considered the victim's representative. If the court finds
10    that the fine would impose an undue burden on the victim,
11    the court may reduce or waive the fine. The court shall
12    order that the defendant may not use funds belonging solely
13    to the victim of the offense for payment of the fine.
14        (2) Sexual assault fines shall be assessed by the court
15    imposing the sentence and shall be collected by the circuit
16    clerk. The circuit clerk shall retain 10% of the penalty to
17    cover the costs involved in administering and enforcing
18    this Section. The circuit clerk shall remit the remainder
19    of each fine within one month of its receipt to the State
20    Treasurer for deposit as follows:
21            (i) for family member offenders, one-half to the
22        Sexual Assault Services Fund, and one-half to the
23        Domestic Violence Shelter and Service Fund; and
24            (ii) for other than family member offenders, the
25        full amount to the Sexual Assault Services Fund.
26    (c) Sexual Assault Services Fund; administration. There is

 

 

HB4594 Enrolled- 297 -LRB100 17151 MRW 32305 b

1created a Sexual Assault Services Fund. Moneys deposited into
2the Fund under Section 15-20 and 15-40 of the Criminal and
3Traffic Assessment Act this Section shall be appropriated to
4the Department of Public Health. Upon appropriation of moneys
5from the Sexual Assault Services Fund, the Department of Public
6Health shall make grants of these moneys from the Fund to
7sexual assault organizations with whom the Department has
8contracts for the purpose of providing community-based
9services to victims of sexual assault. Grants made under this
10Section are in addition to, and are not substitutes for, other
11grants authorized and made by the Department.
12(Source: P.A. 96-1551, eff. 7-1-11; 97-1109, eff. 1-1-13;
1397-1150, eff. 1-25-13.)
 
14    (730 ILCS 5/5-9-1.9)
15    Sec. 5-9-1.9. DUI analysis fee.
16    (a) "Crime laboratory" means a not-for-profit laboratory
17substantially funded by a single unit or combination of units
18of local government or the State of Illinois that regularly
19employs at least one person engaged in the DUI analysis of
20blood, other bodily substance, and urine for criminal justice
21agencies in criminal matters and provides testimony with
22respect to such examinations.
23    "DUI analysis" means an analysis of blood, other bodily
24substance, or urine for purposes of determining whether a
25violation of Section 11-501 of the Illinois Vehicle Code has

 

 

HB4594 Enrolled- 298 -LRB100 17151 MRW 32305 b

1occurred.
2    (b) (Blank). When a person has been adjudged guilty of an
3offense in violation of Section 11-501 of the Illinois Vehicle
4Code, in addition to any other disposition, penalty, or fine
5imposed, a crime laboratory DUI analysis fee of $150 for each
6offense for which the person was convicted shall be levied by
7the court for each case in which a laboratory analysis
8occurred. Upon verified petition of the person, the court may
9suspend payment of all or part of the fee if it finds that the
10person does not have the ability to pay the fee.
11    (c) In addition to any other disposition made under the
12provisions of the Juvenile Court Act of 1987, any minor
13adjudicated delinquent for an offense which if committed by an
14adult would constitute a violation of Section 11-501 of the
15Illinois Vehicle Code shall pay be assessed a crime laboratory
16DUI analysis assessment fee of $150 for each adjudication. Upon
17verified petition of the minor, the court may suspend payment
18of all or part of the assessment fee if it finds that the minor
19does not have the ability to pay the assessment fee. The
20parent, guardian, or legal custodian of the minor may pay some
21or all of the assessment fee on the minor's behalf.
22    (d) All crime laboratory DUI analysis assessments fees
23provided for by this Section shall be collected by the clerk of
24the court and forwarded to the appropriate crime laboratory DUI
25fund as provided in subsection (f).
26    (e) Crime laboratory funds shall be established as follows:

 

 

HB4594 Enrolled- 299 -LRB100 17151 MRW 32305 b

1        (1) A unit of local government that maintains a crime
2    laboratory may establish a crime laboratory DUI fund within
3    the office of the county or municipal treasurer.
4        (2) Any combination of units of local government that
5    maintains a crime laboratory may establish a crime
6    laboratory DUI fund within the office of the treasurer of
7    the county where the crime laboratory is situated.
8        (3) The State Police DUI Fund is created as a special
9    fund in the State Treasury.
10    (f) The analysis assessment fee provided for in subsection
11subsections (b) and (c) of this Section shall be forwarded to
12the office of the treasurer of the unit of local government
13that performed the analysis if that unit of local government
14has established a crime laboratory DUI fund, or to the State
15Treasurer for deposit into the State Police Operations
16Assistance DUI Fund if the analysis was performed by a
17laboratory operated by the Department of State Police. If the
18analysis was performed by a crime laboratory funded by a
19combination of units of local government, the analysis
20assessment fee shall be forwarded to the treasurer of the
21county where the crime laboratory is situated if a crime
22laboratory DUI fund has been established in that county. If the
23unit of local government or combination of units of local
24government has not established a crime laboratory DUI fund,
25then the analysis assessment fee shall be forwarded to the
26State Treasurer for deposit into the State Police Operations

 

 

HB4594 Enrolled- 300 -LRB100 17151 MRW 32305 b

1Assistance Fund DUI Fund. The clerk of the circuit court may
2retain the amount of $10 from each collected analysis fee to
3offset administrative costs incurred in carrying out the
4clerk's responsibilities under this Section.
5    (g) Moneys Fees deposited into a crime laboratory DUI fund
6created under paragraphs (1) and (2) of subsection (e) of this
7Section shall be in addition to any allocations made pursuant
8to existing law and shall be designated for the exclusive use
9of the crime laboratory. These uses may include, but are not
10limited to, the following:
11        (1) Costs incurred in providing analysis for DUI
12    investigations conducted within this State.
13        (2) Purchase and maintenance of equipment for use in
14    performing analyses.
15        (3) Continuing education, training, and professional
16    development of forensic scientists regularly employed by
17    these laboratories.
18    (h) Moneys Fees deposited in the State Police Operations
19Assistance DUI Fund created under paragraph (3) of subsection
20(e) of this Section shall be used by State crime laboratories
21as designated by the Director of State Police. These funds
22shall be in addition to any allocations made according to
23existing law and shall be designated for the exclusive use of
24State crime laboratories. These uses may include those
25enumerated in subsection (g) of this Section.
26(Source: P.A. 99-697, eff. 7-29-16.)
 

 

 

HB4594 Enrolled- 301 -LRB100 17151 MRW 32305 b

1    (730 ILCS 5/5-9-1.11)
2    Sec. 5-9-1.11. Domestic Violence Abuser Services Violation
3of an order of protection; Fund.
4    (a) (Blank). In addition to any other penalty imposed, a
5fine of $20 shall be imposed upon any person who is convicted
6of or placed on supervision for violation of an order of
7protection; provided that the offender and victim are family or
8household members as defined in Section 103 of the Illinois
9Domestic Violence Act of 1986.
10    The additional amount shall be assessed by the court
11imposing sentence and shall be collected by the Circuit Clerk
12in addition to the fine, if any, and costs in the case. Each
13such additional penalty shall be remitted by the Circuit Clerk
14within one month after receipt to the State Treasurer for
15deposit into the Domestic Violence Abuser Services Fund. The
16Circuit Clerk shall retain 10% of the penalty to cover the
17costs incurred in administering and enforcing this Section. The
18additional penalty shall not be considered a part of the fine
19for purposes of any reduction in the fine for time served
20either before or after sentencing.
21    The State Treasurer shall deposit into the Domestic
22Violence Abuser Services Fund each fine received from circuit
23clerks under Section 5-9-1.5 of the Unified Code of
24Corrections.
25    Upon request of the victim or the victim's representative,

 

 

HB4594 Enrolled- 302 -LRB100 17151 MRW 32305 b

1the court shall determine whether the fine will impose an undue
2burden on the victim of the offense. For purposes of this
3paragraph, the defendant may not be considered the victim's
4representative. If the court finds that the fine would impose
5an undue burden on the victim, the court may reduce or waive
6the fine. The court shall order that the defendant may not use
7funds belonging solely to the victim of the offense for payment
8of the fine.
9    Not later than March 1 of each year the Clerk of the
10Circuit Court shall submit to the State Comptroller a report of
11the amount of funds remitted by her or him to the State
12Treasurer under this Section during the preceding calendar
13year. Except as otherwise provided by Supreme Court Rules, if a
14court in sentencing an offender levies a gross amount for fine,
15costs, fees and penalties, the amount of the additional penalty
16provided for in this Section shall be collected from the amount
17remaining after deducting from the gross amount levied all fees
18of the Circuit Clerk, the State's Attorney, and the Sheriff.
19After deducting from the gross amount levied the fees and
20additional penalty provided for in this Section, less any other
21additional penalties provided by law, the clerk shall remit the
22net balance remaining to the entity authorized by law to
23receive the fine imposed in the case. For purposes of this
24Section "Fees of the Circuit Clerk" shall include, if
25applicable, the fee provided for under Section 27.3a of the
26Clerks of Courts Act and the fee, if applicable, payable to the

 

 

HB4594 Enrolled- 303 -LRB100 17151 MRW 32305 b

1county in which the violation occurred under Section 5-1101 of
2the Counties Code.
3    (b) Domestic Violence Abuser Services Fund;
4administration. There is created a Domestic Violence Abuser
5Services Fund in the State Treasury. Moneys deposited into the
6Fund under Section 15-70 of the Criminal and Traffic
7Assessments Act this Section shall be appropriated to the
8Department of Human Services for the purpose of providing
9services specified by this Section. Upon appropriation of
10moneys from the Domestic Violence Abuser Services Fund, the
11Department of Human Services shall set aside 10% of all
12appropriated funds for the purposes of program training,
13development and assessment. The Department shall make grants of
14all remaining moneys from the Fund to qualified domestic
15violence abuser services programs through a competitive
16application process. A "qualified domestic violence abuser
17services program" is one which the Department determines is in
18compliance with protocols for abuser services promulgated by
19the Department. To the extent possible the Department shall
20ensure that moneys received from penalties imposed by courts in
21judicial districts are returned to qualified abuser services
22programs serving those districts.
23(Source: P.A. 90-241, eff. 1-1-98.)
 
24    (730 ILCS 5/5-9-1.16)
25    Sec. 5-9-1.16. Protective order violation service provider

 

 

HB4594 Enrolled- 304 -LRB100 17151 MRW 32305 b

1fees.
2    (a) (Blank). There shall be added to every penalty imposed
3in sentencing for a violation of an order of protection under
4Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the
5Criminal Code of 2012 an additional fee to be set in an amount
6not less than $200 to be imposed upon a plea of guilty or
7finding of guilty resulting in a judgment of conviction.
8    (b) (Blank). Such additional amount shall be assessed by
9the court imposing sentence and shall be collected by the
10Circuit Clerk in addition to the fine, if any, and costs in the
11case to be used by the supervising authority in implementing
12the domestic violence surveillance program. The clerk of the
13circuit court shall pay all monies collected from this fee to
14the county treasurer for deposit in the probation and court
15services fund under Section 15.1 of the Probation and
16Probations Officers Act.
17    (c) The supervising authority of a domestic violence
18surveillance program under Section 5-8A-7 of this Act shall
19assess a person either convicted of, or charged with, the
20violation of an order of protection an additional service
21provider fee to cover the costs of providing the equipment used
22and the additional supervision needed for such domestic
23violence surveillance program. If the court finds that the fee
24would impose an undue burden on the victim, the court may
25reduce or waive the fee. The court shall order that the
26defendant may not use funds belonging solely to the victim of

 

 

HB4594 Enrolled- 305 -LRB100 17151 MRW 32305 b

1the offense for payment of the fee.
2    When the supervising authority is the court or the
3probation and court services department, the fee shall be
4collected by the circuit court clerk. The clerk of the circuit
5court shall pay all monies collected from this fee and all
6other required probation fees that are assessed to the county
7treasurer for deposit in the probation and court services fund
8under Section 15.1 of the Probation and Probations Officers
9Act. In counties with a population of 2 million or more, when
10the supervising authority is the court or the probation and
11court services department, the fee shall be collected by the
12supervising authority. In these counties, the supervising
13authority shall pay all monies collected from this fee and all
14other required probation fees that are assessed, to the county
15treasurer for deposit in the probation and court services fund
16under Section 15.1 of the Probation and Probation Officers Act.
17    When the supervising authority is the Department of
18Corrections, the Department shall collect the fee for deposit
19into the Department of Corrections Reimbursement and Education
20Fund. The Circuit Clerk shall retain 10% of such penalty and
21deposit that percentage into the Circuit Court Clerk Operation
22and Administrative Fund to cover the costs incurred in
23administering and enforcing this Section.
24    (d) (Blank).
25    (e) (Blank).
26(Source: P.A. 99-933, eff. 1-27-17.)
 

 

 

HB4594 Enrolled- 306 -LRB100 17151 MRW 32305 b

1    (730 ILCS 5/5-9-1.21)
2    Sec. 5-9-1.21. Specialized Services for Survivors of Human
3Trafficking Fund.
4    (a) There is created in the State treasury a Specialized
5Services for Survivors of Human Trafficking Fund. Moneys
6deposited into the Fund under this Section shall be available
7for the Department of Human Services for the purposes in this
8Section.
9    (b) (Blank). Each plea of guilty, stipulation of facts, or
10finding of guilt resulting in a judgment of conviction or order
11of supervision for an offense under Section 10-9, 11-14.1,
1211-14.3, or 11-18 of the Criminal Code of 2012 that results in
13the imposition of a fine shall have a portion of that fine
14deposited into the Specialized Services for Survivors of Human
15Trafficking Fund.
16    (c) (Blank). If imposed, the fine shall be collected by the
17circuit court clerk in addition to any other imposed fee. The
18circuit court clerk shall retain $50 to cover the costs in
19administering and enforcing this Section. The circuit court
20clerk shall remit the remainder of the fine within one month of
21its receipt as follows:
22        (1) $300 shall be distributed equally between all State
23    law enforcement agencies whose officers or employees
24    conducted the investigation or prosecution that resulted
25    in the finding of guilt; and

 

 

HB4594 Enrolled- 307 -LRB100 17151 MRW 32305 b

1        (2) the remainder of the fine shall be remitted to the
2    Department of Human Services for deposit into the
3    Specialized Services for Survivors of Human Trafficking
4    Fund.
5    (d) Upon appropriation of moneys from the Specialized
6Services for Survivors of Human Trafficking Fund, the
7Department of Human Services shall use these moneys to make
8grants to non-governmental organizations to provide
9specialized, trauma-informed services specifically designed to
10address the priority service needs associated with
11prostitution and human trafficking. Priority services include,
12but are not limited to, community based drop-in centers,
13emergency housing, and long-term safe homes. The Department
14shall consult with prostitution and human trafficking
15advocates, survivors, and service providers to identify
16priority service needs in their respective communities.
17    (e) Grants made under this Section are in addition to, and
18not substitutes for, other grants authorized and made by the
19Department.
20    (f) Notwithstanding any other law to the contrary, the
21Specialized Services for Survivors of Human Trafficking Fund is
22not subject to sweeps, administrative charge-backs, or any
23other fiscal maneuver that would in any way transfer any
24amounts from the Specialized Services for Survivors of Human
25Trafficking Fund into any other fund of the State.
26(Source: P.A. 98-1013, eff. 1-1-15.)
 

 

 

HB4594 Enrolled- 308 -LRB100 17151 MRW 32305 b

1    (730 ILCS 5/5-9-1.1 rep.)
2    (730 ILCS 5/5-9-1.1-5 rep.)
3    (730 ILCS 5/5-9-1.5 rep.)
4    (730 ILCS 5/5-9-1.6 rep.)
5    (730 ILCS 5/5-9-1.10 rep.)
6    (730 ILCS 5/5-9-1.12 rep.)
7    (730 ILCS 5/5-9-1.14 rep.)
8    (730 ILCS 5/5-9-1.15 rep.)
9    (730 ILCS 5/5-9-1.17 rep.)
10    (730 ILCS 5/5-9-1.18 rep.)
11    (730 ILCS 5/5-9-1.19 rep.)
12    (730 ILCS 5/5-9-1.20 rep.)
13    Section 905-93. The Unified Code of Corrections is amended
14by repealing Sections 5-9-1.1, 5-9-1.1-5, 5-9-1.5, 5-9-1.6,
155-9-1.10, 5-9-1.12, 5-9-1.14, 5-9-1.15, 5-9-1.17, 5-9-1.18,
165-9-1.19, and 5-9-1.20.
 
17    Section 905-95. The County Jail Act is amended by changing
18Section 17 as follows:
 
19    (730 ILCS 125/17)  (from Ch. 75, par. 117)
20    Sec. 17. Bedding, clothing, fuel, and medical aid;
21reimbursement for medical expenses. The Warden of the jail
22shall furnish necessary bedding, clothing, fuel, and medical
23services for all prisoners under his charge, and keep an

 

 

HB4594 Enrolled- 309 -LRB100 17151 MRW 32305 b

1accurate account of the same. When services that result in
2qualified medical expenses are required by any person held in
3custody, the county, private hospital, physician or any public
4agency which provides such services shall be entitled to obtain
5reimbursement from the county for the cost of such services.
6The county board of a county may adopt an ordinance or
7resolution providing for reimbursement for the cost of those
8services at the Department of Healthcare and Family Services'
9rates for medical assistance. To the extent that such person is
10reasonably able to pay for such care, including reimbursement
11from any insurance program or from other medical benefit
12programs available to such person, he or she shall reimburse
13the county or arresting authority. If such person has already
14been determined eligible for medical assistance under the
15Illinois Public Aid Code at the time the person is detained,
16the cost of such services, to the extent such cost exceeds
17$500, shall be reimbursed by the Department of Healthcare and
18Family Services under that Code. A reimbursement under any
19public or private program authorized by this Section shall be
20paid to the county or arresting authority to the same extent as
21would have been obtained had the services been rendered in a
22non-custodial environment.
23    The sheriff or his or her designee may cause an application
24for medical assistance under the Illinois Public Aid Code to be
25completed for an arrestee who is a hospital inpatient. If such
26arrestee is determined eligible, he or she shall receive

 

 

HB4594 Enrolled- 310 -LRB100 17151 MRW 32305 b

1medical assistance under the Code for hospital inpatient
2services only. An arresting authority shall be responsible for
3any qualified medical expenses relating to the arrestee until
4such time as the arrestee is placed in the custody of the
5sheriff. However, the arresting authority shall not be so
6responsible if the arrest was made pursuant to a request by the
7sheriff. When medical expenses are required by any person held
8in custody, the county shall be entitled to obtain
9reimbursement from the County Jail Medical Costs Fund to the
10extent moneys are available from the Fund. To the extent that
11the person is reasonably able to pay for that care, including
12reimbursement from any insurance program or from other medical
13benefit programs available to the person, he or she shall
14reimburse the county.
15    The county shall be entitled to a $10 fee for each
16conviction or order of supervision for a criminal violation,
17other than a petty offense or business offense. The fee shall
18be taxed as costs to be collected from the defendant, if
19possible, upon conviction or entry of an order of supervision.
20The fee shall not be considered a part of the fine for purposes
21of any reduction in the fine.
22    All such fees collected shall be deposited by the county in
23a fund to be established and known as the County Jail Medical
24Costs Fund. Moneys in the Fund shall be used solely for
25reimbursement to the county of costs for medical expenses and
26administration of the Fund.

 

 

HB4594 Enrolled- 311 -LRB100 17151 MRW 32305 b

1    For the purposes of this Section, "arresting authority"
2means a unit of local government, other than a county, which
3employs peace officers and whose peace officers have made the
4arrest of a person. For the purposes of this Section,
5"qualified medical expenses" include medical and hospital
6services but do not include (i) expenses incurred for medical
7care or treatment provided to a person on account of a
8self-inflicted injury incurred prior to or in the course of an
9arrest, (ii) expenses incurred for medical care or treatment
10provided to a person on account of a health condition of that
11person which existed prior to the time of his or her arrest, or
12(iii) expenses for hospital inpatient services for arrestees
13enrolled for medical assistance under the Illinois Public Aid
14Code.
15(Source: P.A. 95-842, eff. 8-15-08; 96-1280, eff. 7-26-10.)
 
16    Section 905-100. The Code of Civil Procedure is amended by
17changing Section 5-105 as follows:
 
18    (735 ILCS 5/5-105)  (from Ch. 110, par. 5-105)
19    Sec. 5-105. Waiver of court fees, costs, and charges Leave
20to sue or defend as an indigent person.
21    (a) As used in this Section:
22        (1) "Fees, costs, and charges" means payments imposed
23    on a party in connection with the prosecution or defense of
24    a civil action, including, but not limited to: fees set

 

 

HB4594 Enrolled- 312 -LRB100 17151 MRW 32305 b

1    forth in Section 27.1b of the Clerks of Courts Act filing
2    fees; appearance fees; fees for service of process and
3    other papers served either within or outside this State,
4    including service by publication pursuant to Section 2-206
5    of this Code and publication of necessary legal notices;
6    motion fees; jury demand fees; charges for participation
7    in, or attendance at, any mandatory process or procedure
8    including, but not limited to, conciliation, mediation,
9    arbitration, counseling, evaluation, "Children First",
10    "Focus on Children" or similar programs; fees for
11    supplementary proceedings; charges for translation
12    services; guardian ad litem fees; charges for certified
13    copies of court documents; and all other processes and
14    procedures deemed by the court to be necessary to commence,
15    prosecute, defend, or enforce relief in a civil action.
16        (2) "Indigent person" means any person who meets one or
17    more of the following criteria:
18            (i) He or she is receiving assistance under one or
19        more of the following means based governmental public
20        benefits programs: Supplemental Security Income (SSI),
21        Aid to the Aged, Blind and Disabled (AABD), Temporary
22        Assistance for Needy Families (TANF), Supplemental
23        Nutrition Assistance Program (SNAP) Food Stamps,
24        General Assistance, Transitional Assistance, or State
25        Children and Family Assistance.
26            (ii) His or her available personal income is 200%

 

 

HB4594 Enrolled- 313 -LRB100 17151 MRW 32305 b

1        125% or less of the current poverty level as
2        established by the United States Department of Health
3        and Human Services, unless the applicant's assets that
4        are not exempt under Part 9 or 10 of Article XII of
5        this Code are of a nature and value that the court
6        determines that the applicant is able to pay the fees,
7        costs, and charges.
8            (iii) He or she is, in the discretion of the court,
9        unable to proceed in an action without payment of fees,
10        costs, and charges and whose payment of those fees,
11        costs, and charges would result in substantial
12        hardship to the person or his or her family.
13            (iv) He or she is an indigent person pursuant to
14        Section 5-105.5 of this Code.
15        (3) "Poverty level" means the current poverty level as
16    established by the United States Department of Health and
17    Human Services.
18    (b) On the application of any person, before, or after the
19commencement of an action: , a
20        (1) If the court finds , on finding that the applicant
21    is an indigent person, the court shall grant the applicant
22    a full fees, costs, and charges waiver entitling him or her
23    leave to sue or defend the action without payment of any of
24    the fees, costs, and charges. of the action
25        (2) If the court finds that the applicant satisfies any
26    of the criteria contained in items (i), (ii), or (iii) of

 

 

HB4594 Enrolled- 314 -LRB100 17151 MRW 32305 b

1    this subdivision (b)(2), the court shall grant the
2    applicant a partial fees, costs, and charges waiver
3    entitling him or her to sue or defend the action upon
4    payment of the applicable percentage of the assessments,
5    costs, and charges of the action, as follows:
6            (i) the court shall waive 75% of all fees, costs,
7        and charges if the available income of the applicant is
8        greater than 200% but does not exceed 250% of the
9        poverty level, unless the assets of the applicant that
10        are not exempt under Part 9 or 10 of Article XII of
11        this Code are such that the applicant is able, without
12        undue hardship, to pay a greater portion of the fees,
13        costs, and charges;
14            (ii) the court shall waive 50% of all fees, costs,
15        and charges if the available income is greater than
16        250% but does not exceed 300% of the poverty level,
17        unless the assets of the applicant that are not exempt
18        under Part 9 or 10 of Article XII of this Code are such
19        that the applicant is able, without undue hardship, to
20        pay a greater portion of the fees, costs, and charges;
21        and
22            (iii) the court shall waive 25% of all fees, costs,
23        and charges if the available income of the applicant is
24        greater than 300% but does not exceed 400% of the
25        current poverty level, unless the assets of the
26        applicant that are not exempt under Part 9 or 10 of

 

 

HB4594 Enrolled- 315 -LRB100 17151 MRW 32305 b

1        Article XII of this Code are such that the applicant is
2        able, without undue hardship, to pay a greater portion
3        of the fees, costs, and charges.
4    (c) An application for waiver of court fees, costs, and
5charges leave to sue or defend an action as an indigent person
6shall be in writing and signed supported by the affidavit of
7the applicant, or, if the applicant is a minor or an
8incompetent adult, by the affidavit of another person having
9knowledge of the facts. The contents of the application for
10waiver of court fees, costs, and charges, and the procedure for
11the decision of the applications, affidavit shall be
12established by Supreme Court Rule. Factors to consider in
13evaluating an application shall include:
14        (1) the applicant's receipt of needs based
15    governmental public benefits, including Supplemental
16    Security Income (SSI); Aid to the Aged, Blind and Disabled
17    (ADBD); Temporary Assistance for Needy Families (TANF);
18    Supplemental Nutrition Assistance Program (SNAP or "food
19    stamps"); General Assistance; Transitional Assistance; or
20    State Children and Family Assistance;
21        (2) the employment status of the applicant and amount
22    of monthly income, if any;
23        (3) income received from the applicant's pension,
24    Social Security benefits, unemployment benefits, and other
25    sources;
26        (4) income received by the applicant from other

 

 

HB4594 Enrolled- 316 -LRB100 17151 MRW 32305 b

1    household members;
2        (5) the applicant's monthly expenses, including rent,
3    home mortgage, other mortgage, utilities, food, medical,
4    vehicle, childcare, debts, child support, and other
5    expenses; and
6        (6) financial affidavits or other similar supporting
7    documentation provided by the applicant showing that
8    payment of the imposed fees, costs, and charges would
9    result in substantial hardship to the applicant or the
10    applicant's family.
11    (c-5) The court shall provide, through the office of the
12clerk of the court, the application for waiver of court fees,
13costs, and charges simplified forms consistent with the
14requirements of this Section and applicable Supreme Court Rules
15to any person seeking to sue or defend an action who indicates
16an inability to pay the fees, costs, and charges of the action.
17The application and supporting affidavit may be incorporated
18into one simplified form. The clerk of the court shall post in
19a conspicuous place in the courthouse a notice no smaller than
208.5 x 11 inches, using no smaller than 30-point typeface
21printed in English and in Spanish, advising the public that
22they may ask the court for permission to sue or defend a civil
23action without payment of fees, costs, and charges. The notice
24shall be substantially as follows:
25        "If you are unable to pay the fees, costs, and charges
26    of an action you may ask the court to allow you to proceed

 

 

HB4594 Enrolled- 317 -LRB100 17151 MRW 32305 b

1    without paying them. Ask the clerk of the court for forms."
2    (d) (Blank). The court shall rule on applications under
3this Section in a timely manner based on information contained
4in the application unless the court, in its discretion,
5requires the applicant to personally appear to explain or
6clarify information contained in the application. If the court
7finds that the applicant is an indigent person, the court shall
8enter an order permitting the applicant to sue or defend
9without payment of fees, costs, or charges. If the application
10is denied, the court shall enter an order to that effect
11stating the specific reasons for the denial. The clerk of the
12court shall promptly mail or deliver a copy of the order to the
13applicant.
14    (e) The clerk of the court shall not refuse to accept and
15file any complaint, appearance, or other paper presented by the
16applicant if accompanied by an application for waiver of court
17fees, costs, and charges to sue or defend in forma pauperis,
18and those papers shall be considered filed on the date the
19application is presented. If the application is denied or a
20partial fees, costs, and charges waiver is granted, the order
21shall state a date certain by which the necessary fees, costs,
22and charges must be paid. For The court, for good cause shown,
23the court may allow an applicant who receives a partial fees,
24costs, and charges waiver whose application is denied to defer
25payment of fees, costs, and charges, make installment payments,
26or make payment upon reasonable terms and conditions stated in

 

 

HB4594 Enrolled- 318 -LRB100 17151 MRW 32305 b

1the order. The court may dismiss the claims or strike the
2defenses of any party failing to pay the fees, costs, and or
3charges within the time and in the manner ordered by the court.
4A judicial ruling on an application for waiver of court
5assessments does not constitute a decision of a substantial
6issue in the case under Section 2-1001 of this Code A
7determination concerning an application to sue or defend in
8forma pauperis shall not be construed as a ruling on the
9merits.
10    (f) The court may order granting a full or partial fees,
11costs, and charges waiver shall expire after one year. Upon
12expiration of the waiver, or a reasonable period of time before
13expiration, the party whose fees, costs, and charges were
14waived may file another application for waiver and the court
15shall consider the application in accordance with the
16applicable Supreme Court Rule. an indigent person to pay all or
17a portion of the fees, costs, or charges waived pursuant to
18this Section out of moneys recovered by the indigent person
19pursuant to a judgment or settlement resulting from the civil
20action. However, nothing in this Section shall be construed to
21limit the authority of a court to order another party to the
22action to pay the fees, costs, or charges of the action.
23    (f-5) If, before or at the time of final disposition of the
24case, the court obtains information, including information
25from the court file, suggesting that a person whose fees,
26costs, and charges were initially waived was not entitled to a

 

 

HB4594 Enrolled- 319 -LRB100 17151 MRW 32305 b

1full or partial waiver at the time of application, the court
2may require the person to appear at a court hearing by giving
3the applicant no less than 10 days' written notice of the
4hearing and the specific reasons why the initial waiver might
5be reconsidered. The court may require the applicant to provide
6reasonably available evidence, including financial
7information, to support his or her eligibility for the waiver,
8but the court shall not require submission of information that
9is unrelated to the criteria for eligibility and application
10requirements set forth in subdivisions (b)(1) or (b)(2) of this
11Section. If the court finds that the person was not initially
12entitled to any waiver, the person shall pay all fees, costs,
13and charges relating to the civil action, including any
14previously-waived fees, costs, and charges. The order may state
15terms of payment in accordance with subsection (e). The court
16shall not conduct a hearing under this subsection more often
17than once every 6 months.
18    (f-10) If, before or at the time of final disposition of
19the case, the court obtains information, including information
20from the court file, suggesting that a person who received a
21full or partial waiver has experienced a change in financial
22condition so that he or she is no longer eligible for that
23waiver, the court may require the person to appear at a court
24hearing by giving the applicant no less than 10 days' written
25notice of the hearing and the specific reasons why the waiver
26might be reconsidered. The court may require the person to

 

 

HB4594 Enrolled- 320 -LRB100 17151 MRW 32305 b

1provide reasonably available evidence, including financial
2information, to support his or her continued eligibility for
3the waiver, but shall not require submission of information
4that is unrelated to the criteria for eligibility and
5application requirements set forth in subsections (b)(1) and
6(b)(2) of this Section. If the court enters an order finding
7that the person is no longer entitled to a waiver, or is
8entitled to a partial waiver different than that which the
9person had previously received, the person shall pay the
10requisite fees, costs, and charges from the date of the order
11going forward. The order may state terms of payment in
12accordance with subsection (e) of this Section. The court shall
13not conduct a hearing under this subsection more often than
14once every 6 months.
15    (g) A court, in its discretion, may appoint counsel to
16represent an indigent person, and that counsel shall perform
17his or her duties without fees, charges, or reward.
18    (h) Nothing in this Section shall be construed to affect
19the right of a party to sue or defend an action in forma
20pauperis without the payment of fees, costs, or charges, or the
21right of a party to court-appointed counsel, as authorized by
22any other provision of law or by the rules of the Illinois
23Supreme Court. Nothing in this Section shall be construed to
24limit the authority of a court to order another party to the
25action to pay the fees, costs, and charges of the action.
26    (h-5) If a party is represented by a civil legal services

 

 

HB4594 Enrolled- 321 -LRB100 17151 MRW 32305 b

1provider or an attorney in a court-sponsored pro bono program
2as defined in Section 5-105.5 of this Code, the attorney
3representing that party shall file a certification with the
4court in accordance with Supreme Court Rule 298 and that party
5shall be allowed to sue or defend without payment of fees,
6costs, and charges without filing an application under this
7Section.
8    (h-10) If an attorney files an appearance on behalf of a
9person whose fees, costs, and charges were initially waived
10under this Section, the attorney must pay all fees, costs, and
11charges relating to the civil action, including any previously
12waived fees, costs, and charges, unless the attorney is either
13a civil legal services provider, representing his or her client
14as part of a court-sponsored pro bono program as defined in
15Section 5-105.1 of this Code, or appearing under a limited
16scope appearance in accordance with Supreme Court Rule
1713(c)(6).
18    (i) The provisions of this Section are severable under
19Section 1.31 of the Statute on Statutes.
20(Source: P.A. 97-689, eff. 6-14-12; 97-813, eff. 7-13-12.)
 
21
Article 999. Effective Date

 
22    Section 999-99. Effective date. This Act takes effect July
231, 2019, except that this Section and Article 900 takes effect
24on July 1, 2018.