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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The State Finance Act is amended by adding | ||||||
5 | Section 5.640 as follows: | ||||||
6 | (30 ILCS 105/5.640 new)
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7 | Sec. 5.640. The Methamphetamine Law Enforcement Fund.
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8 | Section 10. The Unified Code of Corrections is amended by | ||||||
9 | changing Sections 5-9-1.1 and 5-9-1.2 and by adding Section | ||||||
10 | 5-9-1.1-5 as follows:
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11 | (730 ILCS 5/5-9-1.1) (from Ch. 38, par. 1005-9-1.1)
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12 | Sec. 5-9-1.1. Drug related offenses.
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13 | (a) When a person has been adjudged guilty of a drug | ||||||
14 | related
offense involving possession or delivery of cannabis or | ||||||
15 | possession or delivery
of a controlled substance , other than | ||||||
16 | methamphetamine, as defined in the Cannabis Control Act, as | ||||||
17 | amended,
or the Illinois Controlled Substances Act, as amended, | ||||||
18 | in addition to any
other penalty imposed, a fine shall be | ||||||
19 | levied by the court at not less than
the full street value of | ||||||
20 | the cannabis or controlled substances seized.
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21 | "Street value" shall be determined by the court on the | ||||||
22 | basis of testimony
of law enforcement personnel and the | ||||||
23 | defendant as to the amount seized and
such testimony as may be | ||||||
24 | required by the court as to the current street
value of the | ||||||
25 | cannabis or controlled substance seized.
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26 | (b) In addition to any penalty imposed under subsection (a) | ||||||
27 | of this
Section, a fine of
$100 shall be levied by the court, | ||||||
28 | the proceeds of which
shall be collected by the Circuit Clerk | ||||||
29 | and remitted to the State Treasurer
under Section 27.6 of the | ||||||
30 | Clerks of Courts Act
for deposit into the Trauma
Center Fund |
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1 | for distribution as provided under Section 3.225 of the | ||||||
2 | Emergency
Medical Services (EMS) Systems Act.
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3 | (c) In addition to any penalty imposed under subsection (a) | ||||||
4 | of this
Section, a fee of $5 shall be assessed by the court, | ||||||
5 | the proceeds of which
shall be collected by the Circuit Clerk | ||||||
6 | and remitted to the State Treasurer
under Section 27.6 of the | ||||||
7 | Clerks of Courts Act for deposit into the Spinal Cord
Injury | ||||||
8 | Paralysis Cure Research Trust Fund.
This additional fee of $5 | ||||||
9 | shall not be considered a part of the fine for
purposes of any | ||||||
10 | reduction in the fine for time served either before or after
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11 | sentencing.
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12 | (Source: P.A. 92-431, eff. 1-1-02.)
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13 | (730 ILCS 5/5-9-1.1-5 new)
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14 | Sec. 5-9-1.1-5. Methamphetamine related offenses. | ||||||
15 | (a) When a person has been adjudged guilty of a | ||||||
16 | methamphetamine related
offense involving possession or | ||||||
17 | delivery of methamphetamine or any salt of an optical isomer of | ||||||
18 | methamphetamine or possession of a methamphetamine | ||||||
19 | manufacturing chemical set forth in paragraph (z-1) of Section | ||||||
20 | 102 of the Illinois Controlled Substances Act with the intent | ||||||
21 | to manufacture a substance containing methamphetamine or salt | ||||||
22 | of an optical isomer of methamphetamine, in addition to any
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23 | other penalty imposed, a fine shall be levied by the court at | ||||||
24 | not less than
the full street value of the methamphetamine or | ||||||
25 | salt of an optical isomer of methamphetamine or methamphetamine | ||||||
26 | manufacturing chemicals seized. | ||||||
27 | "Street value" shall be determined by the court on the | ||||||
28 | basis of testimony
of law enforcement personnel and the | ||||||
29 | defendant as to the amount seized and
such testimony as may be | ||||||
30 | required by the court as to the current street
value of the | ||||||
31 | methamphetamine or salt of an optical isomer of methamphetamine | ||||||
32 | or methamphetamine manufacturing chemicals seized. | ||||||
33 | (b) In addition to any penalty imposed under subsection (a) | ||||||
34 | of this
Section, a fine of
$100 shall be levied by the court, | ||||||
35 | the proceeds of which
shall be collected by the Circuit Clerk |
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1 | and remitted to the State Treasurer
under Section 27.6 of the | ||||||
2 | Clerks of Courts Act
for deposit into the Methamphetamine Law | ||||||
3 | Enforcement Fund and allocated as provided in subsection (d) of | ||||||
4 | Section 5-9-1.2.
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5 | (730 ILCS 5/5-9-1.2) (from Ch. 38, par. 1005-9-1.2)
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6 | Sec. 5-9-1.2. (a) Twelve and one-half percent of all | ||||||
7 | amounts collected
as fines pursuant to Section 5-9-1.1 shall be | ||||||
8 | paid into the Youth Drug
Abuse Prevention Fund, which is hereby | ||||||
9 | created in the State treasury, to be
used by the Department of | ||||||
10 | Human Services
for the funding of
programs and services for | ||||||
11 | drug-abuse treatment, and prevention and
education services, | ||||||
12 | for juveniles.
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13 | (b) Eighty-seven and one-half percent of the proceeds of | ||||||
14 | all fines
received pursuant to Section 5-9-1.1 shall be | ||||||
15 | transmitted to and deposited
in the treasurer's office at the | ||||||
16 | level of government as follows:
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17 | (1) If such seizure was made by a combination of law | ||||||
18 | enforcement
personnel representing differing units of | ||||||
19 | local government, the court
levying the fine shall | ||||||
20 | equitably allocate 50% of the fine among these units
of | ||||||
21 | local government and shall allocate 37 1/2% to the county | ||||||
22 | general
corporate fund. In the event that the seizure was | ||||||
23 | made by law enforcement
personnel representing a unit of | ||||||
24 | local government from a municipality where
the number of | ||||||
25 | inhabitants exceeds 2 million in population, the court
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26 | levying the fine shall allocate 87 1/2% of the fine to that | ||||||
27 | unit of local
government. If the seizure was made by a | ||||||
28 | combination of law enforcement
personnel representing | ||||||
29 | differing units of local government, and at least
one of | ||||||
30 | those units represents a municipality where the number of
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31 | inhabitants exceeds 2 million in population, the court | ||||||
32 | shall equitably
allocate 87 1/2% of the proceeds of the | ||||||
33 | fines received among the differing
units of local | ||||||
34 | government.
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35 | (2) If such seizure was made by State law enforcement |
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1 | personnel, then
the court shall allocate 37 1/2% to the | ||||||
2 | State treasury and 50% to the
county general corporate | ||||||
3 | fund.
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4 | (3) If a State law enforcement agency in combination | ||||||
5 | with a law
enforcement agency or agencies of a unit or | ||||||
6 | units of local government
conducted the seizure, the court | ||||||
7 | shall equitably allocate 37 1/2% of the
fines to or among | ||||||
8 | the law enforcement agency or agencies of the unit or
units | ||||||
9 | of local government which conducted the seizure and shall | ||||||
10 | allocate
50% to the county general corporate fund.
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11 | (c) The proceeds of all fines allocated to the law | ||||||
12 | enforcement agency or
agencies of the unit or units of local | ||||||
13 | government pursuant to subsection
(b) shall be made available | ||||||
14 | to that law enforcement agency as expendable
receipts for use | ||||||
15 | in the enforcement of laws regulating controlled
substances and | ||||||
16 | cannabis. The proceeds of fines awarded to the State
treasury | ||||||
17 | shall be deposited in a special fund known as the Drug Traffic
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18 | Prevention Fund. Monies from this fund may be used by the | ||||||
19 | Department of
State Police for use in the enforcement of laws | ||||||
20 | regulating controlled
substances and cannabis; to satisfy | ||||||
21 | funding provisions of the
Intergovernmental Drug Laws | ||||||
22 | Enforcement Act; and to defray costs and
expenses
associated | ||||||
23 | with returning violators of the Cannabis Control Act and the
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24 | Illinois Controlled Substances Act only, as provided in those | ||||||
25 | Acts, when
punishment of the crime shall be confinement of the | ||||||
26 | criminal in the
penitentiary. Moneys in the Drug Traffic | ||||||
27 | Prevention Fund deposited from
fines
awarded
as a direct result | ||||||
28 | of enforcement efforts of the Illinois Conservation Police
may | ||||||
29 | be used by the Department of Natural Resources Office of Law
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30 | Enforcement for use in enforcing laws regulating controlled | ||||||
31 | substances
and cannabis on Department of Natural Resources | ||||||
32 | regulated lands and
waterways. All other monies shall be paid | ||||||
33 | into the general revenue
fund in the State treasury. | ||||||
34 | (d) There is created in the State treasury the | ||||||
35 | Methamphetamine Law Enforcement Fund. Moneys in the Fund shall | ||||||
36 | be equitably allocated to local law enforcement agencies to: |
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1 | (1) reimburse those agencies for the costs of securing and | ||||||
2 | cleaning up sites and facilities used for the illegal | ||||||
3 | manufacture of methamphetamine; (2) defray the costs of | ||||||
4 | employing full-time or part-time peace officers from a | ||||||
5 | Metropolitan Enforcement Group or other local drug task force, | ||||||
6 | including overtime costs for those officers; and (3) defray the | ||||||
7 | costs associated with medical or dental expenses incurred by | ||||||
8 | the county resulting from the incarceration of methamphetamine | ||||||
9 | addicts in the county jail or County Department of Corrections.
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10 | (Source: P.A. 92-601, eff. 7-1-02.)
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