101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3197

 

Introduced , by Rep. Celina Villanueva

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 135/15-70
720 ILCS 5/24-3A
720 ILCS 5/24-3B

    Amends the Crime and Traffic Assessment Act. Provides that the court shall also order payment of a conditional assessment of $500 for a violation of gunrunning and firearm trafficking which shall be collected and remitted by the Clerk of the Circuit Court to the State Treasurer for deposit into the Traffic and Criminal Conviction Surcharge Fund to be used for grants by the Illinois Law Enforcement Training Standards Board to units of local government to purchase bulletproof vests for local police departments and to hire peace officers. Makes conforming changes to the Criminal Code of 2012.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3197LRB101 06989 SLF 52022 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal and Traffic Assessment Act is
5amended by changing Section 15-70 as follows:
 
6    (705 ILCS 135/15-70)
7    (This Section may contain text from a Public Act with a
8delayed effective date)
9    (Section scheduled to be repealed on January 1, 2021)
10    Sec. 15-70. Conditional assessments. In addition to
11payments under one of the Schedule of Assessments 1 through 13
12of this Act, the court shall also order payment of any of the
13following conditional assessment amounts for each sentenced
14violation in the case to which a conditional assessment is
15applicable, which shall be collected and remitted by the Clerk
16of the Circuit Court as provided in this Section:
17        (1) arson, residential arson, or aggravated arson,
18    $500 per conviction to the State Treasurer for deposit into
19    the Fire Prevention Fund;
20        (2) child pornography under Section 11-20.1 of the
21    Criminal Code of 1961 or the Criminal Code of 2012, $500
22    per conviction, unless more than one agency is responsible
23    for the arrest in which case the amount shall be remitted

 

 

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1    to each unit of government equally:
2            (A) if the arresting agency is an agency of a unit
3        of local government, $500 to the treasurer of the unit
4        of local government for deposit into the unit of local
5        government's General Fund, except that if the
6        Department of State Police provides digital or
7        electronic forensic examination assistance, or both,
8        to the arresting agency then $100 to the State
9        Treasurer for deposit into the State Crime Laboratory
10        Fund; or
11            (B) if the arresting agency is the Department of
12        State Police, $500 to the State Treasurer for deposit
13        into the State Crime Laboratory Fund;
14        (3) crime laboratory drug analysis for a drug-related
15    offense involving possession or delivery of cannabis or
16    possession or delivery of a controlled substance as defined
17    in the Cannabis Control Act, the Illinois Controlled
18    Substances Act, or the Methamphetamine Control and
19    Community Protection Act, $100 reimbursement for
20    laboratory analysis, as set forth in subsection (f) of
21    Section 5-9-1.4 of the Unified Code of Corrections;
22        (4) DNA analysis, $250 on each conviction in which it
23    was used to the State Treasurer for deposit into the State
24    Offender DNA Identification System Fund as set forth in
25    Section 5-4-3 of the Unified Code of Corrections;
26        (5) DUI analysis, $150 on each sentenced violation in

 

 

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

 

 

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1        (6.5) Kane County or Will County, in felony,
2    misdemeanor, local or county ordinance, traffic, or
3    conservation cases, up to $30 as set by the county board
4    under Section 5-1101.3 of the Counties Code upon the entry
5    of a judgment of conviction, an order of supervision, or a
6    sentence of probation without entry of judgment under
7    Section 10 of the Cannabis Control Act, Section 410 of the
8    Illinois Controlled Substances Act, Section 70 of the
9    Methamphetamine Control and Community Protection Act,
10    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
11    the Criminal Code of 1961 or the Criminal Code of 2012,
12    Section 10-102 of the Illinois Alcoholism and Other Drug
13    Dependency Act, or Section 10 of the Steroid Control Act;
14    except in local or county ordinance, traffic, and
15    conservation cases, if fines are paid in full without a
16    court appearance, then the assessment shall not be imposed
17    or collected. Distribution of assessments collected under
18    this paragraph (6.5) shall be as provided in Section
19    5-1101.3 of the Counties Code;
20        (7) methamphetamine-related offense involving
21    possession or delivery of methamphetamine or any salt of an
22    optical isomer of methamphetamine or possession of a
23    methamphetamine manufacturing material as set forth in
24    Section 10 of the Methamphetamine Control and Community
25    Protection Act with the intent to manufacture a substance
26    containing methamphetamine or salt of an optical isomer of

 

 

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1    methamphetamine, an amount not less than the full street
2    value of the methamphetamine or salt of an optical isomer
3    of methamphetamine or methamphetamine manufacturing
4    materials seized for each conviction to be disbursed as
5    follows:
6            (A) 12.5% of the street value assessment shall be
7        paid into the Youth Drug Abuse Prevention Fund, to be
8        used by the Department of Human Services for the
9        funding of programs and services for drug-abuse
10        treatment, and prevention and education services;
11            (B) 37.5% to the county in which the charge was
12        prosecuted, to be deposited into the county General
13        Fund;
14            (C) 50% to the treasurer of the arresting law
15        enforcement agency of the municipality or county, or to
16        the State Treasurer if the arresting agency was a state
17        agency;
18            (D) if the arrest was made in combination with
19        multiple law enforcement agencies, the clerk shall
20        equitably allocate the portion in subparagraph (C) of
21        this paragraph (6) among the law enforcement agencies
22        involved in the arrest;
23        (8) order of protection violation under Section 12-3.4
24    of the Criminal Code of 2012, $200 for each conviction to
25    the county treasurer for deposit into the Probation and
26    Court Services Fund for implementation of a domestic

 

 

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1    violence surveillance program and any other assessments or
2    fees imposed under Section 5-9-1.16 of the Unified Code of
3    Corrections;
4        (9) order of protection violation, $25 for each
5    violation to the State Treasurer, for deposit into the
6    Domestic Violence Abuser Services Fund;
7        (10) prosecution by the State's Attorney of a:
8            (A) petty or business offense, $4 to the county
9        treasurer of which $2 deposited into the State's
10        Attorney Records Automation Fund and $2 into the Public
11        Defender Records Automation Fund;
12            (B) conservation or traffic offense, $2 to the
13        county treasurer for deposit into the State's Attorney
14        Records Automation Fund;
15        (11) speeding in a construction zone violation, $250 to
16    the State Treasurer for deposit into the Transportation
17    Safety Highway Hire-back Fund, unless (i) the violation
18    occurred on a highway other than an interstate highway and
19    (ii) a county police officer wrote the ticket for the
20    violation, in which case to the county treasurer for
21    deposit into that county's Transportation Safety Highway
22    Hire-back Fund;
23        (12) supervision disposition on an offense under the
24    Illinois Vehicle Code or similar provision of a local
25    ordinance, 50 cents, unless waived by the court, into the
26    Prisoner Review Board Vehicle and Equipment Fund;

 

 

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1        (13) victim and offender are family or household
2    members as defined in Section 103 of the Illinois Domestic
3    Violence Act of 1986 and offender pleads guilty or no
4    contest to or is convicted of murder, voluntary
5    manslaughter, involuntary manslaughter, burglary,
6    residential burglary, criminal trespass to residence,
7    criminal trespass to vehicle, criminal trespass to land,
8    criminal damage to property, telephone harassment,
9    kidnapping, aggravated kidnaping, unlawful restraint,
10    forcible detention, child abduction, indecent solicitation
11    of a child, sexual relations between siblings,
12    exploitation of a child, child pornography, assault,
13    aggravated assault, battery, aggravated battery, heinous
14    battery, aggravated battery of a child, domestic battery,
15    reckless conduct, intimidation, criminal sexual assault,
16    predatory criminal sexual assault of a child, aggravated
17    criminal sexual assault, criminal sexual abuse, aggravated
18    criminal sexual abuse, violation of an order of protection,
19    disorderly conduct, endangering the life or health of a
20    child, child abandonment, contributing to dependency or
21    neglect of child, or cruelty to children and others, $200
22    for each sentenced violation to the State Treasurer for
23    deposit as follows: (i) for sexual assault, as defined in
24    Section 5-9-1.7 of the Unified Code of Corrections, when
25    the offender and victim are family members, one-half to the
26    Domestic Violence Shelter and Service Fund, and one-half to

 

 

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1    the Sexual Assault Services Fund; (ii) for the remaining
2    offenses to the Domestic Violence Shelter and Service Fund;
3        (14) violation of Section 11-501 of the Illinois
4    Vehicle Code, Section 5-7 of the Snowmobile Registration
5    and Safety Act, Section 5-16 of the Boat Registration and
6    Safety Act, or a similar provision, whose operation of a
7    motor vehicle, snowmobile, or watercraft while in
8    violation of Section 11-501, Section 5-7 of the Snowmobile
9    Registration and Safety Act, Section 5-16 of the Boat
10    Registration and Safety Act, or a similar provision
11    proximately caused an incident resulting in an appropriate
12    emergency response, $1,000 maximum to the public agency
13    that provided an emergency response related to the person's
14    violation, and if more than one agency responded, the
15    amount payable to public agencies shall be shared equally;
16        (15) violation of Section 401, 407, or 407.2 of the
17    Illinois Controlled Substances Act that proximately caused
18    any incident resulting in an appropriate drug-related
19    emergency response, $1,000 as reimbursement for the
20    emergency response to the law enforcement agency that made
21    the arrest, and if more than one agency is responsible for
22    the arrest, the amount payable to law enforcement agencies
23    shall be shared equally;
24        (16) violation of reckless driving, aggravated
25    reckless driving, or driving 26 miles per hour or more in
26    excess of the speed limit that triggered an emergency

 

 

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

 

 

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1            State Police Services Fund;
2                (iv) if the arresting or investigating agency
3            is the Illinois Commerce Commission, into the
4            Public Utility Fund; or
5                (v) if more than one of the State agencies in
6            this subparagraph (B) is the arresting or
7            investigating agency, then equal shares with the
8            shares deposited as provided in the applicable
9            items (i) through (iv) of this subparagraph (B);
10            and
11            (C) the remainder for deposit into the Specialized
12        Services for Survivors of Human Trafficking Fund; and
13        (17.5) violation of Section 24-3A or Section 24-3B of
14    the Criminal Code of 2012, $500 for each conviction to the
15    State Treasurer for deposit into the Traffic and Criminal
16    Conviction Surcharge Fund to be used for grants by the
17    Illinois Law Enforcement Training Standards Board to units
18    of local government to purchase bulletproof vests for local
19    police departments and to hire peace officers; and
20        (18) weapons violation under Section 24-1.1, 24-1.2,
21    or 24-1.5 of the Criminal Code of 1961 or the Criminal Code
22    of 2012, $100 for each conviction to the State Treasurer
23    for deposit into the Trauma Center Fund.
24(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.)
 
25    Section 10. The Criminal Code of 2012 is amended by

 

 

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1changing Sections 24-3A and 24-3B as follows:
 
2    (720 ILCS 5/24-3A)
3    Sec. 24-3A. Gunrunning.
4    (a) A person commits gunrunning when he or she transfers 3
5or more firearms in violation of any of the paragraphs of
6Section 24-3 of this Code.
7    (b) Sentence. A person who commits gunrunning:
8        (1) is guilty of a Class 1 felony;
9        (2) is guilty of a Class X felony for which the
10    sentence shall be a term of imprisonment of not less than 8
11    years and not more than 40 years if the transfer is of not
12    less than 11 firearms and not more than 20 firearms;
13        (3) is guilty of a Class X felony for which the
14    sentence shall be a term of imprisonment of not less than
15    10 years and not more than 50 years if the transfer is of
16    more than 20 firearms.
17A person who commits gunrunning by transferring firearms to a
18person who, at the time of the commission of the offense, is
19under 18 years of age is guilty of a Class X felony.
20    (c) In addition to any other penalties, a person convicted
21of gunrunning shall pay an assessment of $500 to the clerk
22which shall be forwarded to the State Treasurer. The assessment
23shall be deposited into the Traffic and Criminal Conviction
24Surcharge Fund to be used for grants by the Illinois Law
25Enforcement Training Standards Board to units of local

 

 

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1government to purchase bulletproof vests for local police
2departments and to hire peace officers.
3(Source: P.A. 93-906, eff. 8-11-04.)
 
4    (720 ILCS 5/24-3B)
5    Sec. 24-3B. Firearms trafficking.
6    (a) A person commits firearms trafficking when he or she
7has not been issued a currently valid Firearm Owner's
8Identification Card and knowingly:
9        (1) brings, or causes to be brought, into this State, a
10    firearm or firearm ammunition for the purpose of sale,
11    delivery, or transfer to any other person or with the
12    intent to sell, deliver, or transfer the firearm or firearm
13    ammunition to any other person; or
14        (2) brings, or causes to be brought, into this State, a
15    firearm and firearm ammunition for the purpose of sale,
16    delivery, or transfer to any other person or with the
17    intent to sell, deliver, or transfer the firearm and
18    firearm ammunition to any other person.
19    (a-5) This Section does not apply to:
20        (1) a person exempt under Section 2 of the Firearm
21    Owners Identification Card Act from the requirement of
22    having possession of a Firearm Owner's Identification Card
23    previously issued in his or her name by the Department of
24    State Police in order to acquire or possess a firearm or
25    firearm ammunition;

 

 

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1        (2) a common carrier under subsection (i) of Section
2    24-2 of this Code; or
3        (3) a non-resident who may lawfully possess a firearm
4    in his or her resident state.
5    (b) Sentence.
6        (1) Firearms trafficking is a Class 1 felony for which
7    the person, if sentenced to a term of imprisonment, shall
8    be sentenced to not less than 4 years and not more than 20
9    years.
10        (2) Firearms trafficking by a person who has been
11    previously convicted of firearms trafficking, gunrunning,
12    or a felony offense for the unlawful sale, delivery, or
13    transfer of a firearm or firearm ammunition in this State
14    or another jurisdiction is a Class X felony.
15    (c) In addition to any other penalties, a person convicted
16of firearm trafficking shall pay an assessment of $500 to the
17clerk which shall be forwarded to the State Treasurer. The
18assessment shall be deposited into the Traffic and Criminal
19Conviction Surcharge Fund to be used for grants by the Illinois
20Law Enforcement Training Standards Board to units of local
21government to purchase bulletproof vests for local police
22departments and to hire peace officers.
23(Source: P.A. 99-885, eff. 8-23-16.)