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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||||||||||||||||
4 | Section 5. The Illinois Vehicle Code is amended by changing | |||||||||||||||||||||||||||||||||||
5 | Sections 11-601, 11-601.5, 11-605, 11-605.1, 11-606, 11-608, | |||||||||||||||||||||||||||||||||||
6 | and 11-611 as follows:
| |||||||||||||||||||||||||||||||||||
7 | (625 ILCS 5/11-601) (from Ch. 95 1/2, par. 11-601)
| |||||||||||||||||||||||||||||||||||
8 | Sec. 11-601. General speed restrictions.
| |||||||||||||||||||||||||||||||||||
9 | (a) No vehicle may be driven upon any highway of this State | |||||||||||||||||||||||||||||||||||
10 | at a speed
which is greater than is reasonable and proper with | |||||||||||||||||||||||||||||||||||
11 | regard to traffic
conditions and the use of the highway, or | |||||||||||||||||||||||||||||||||||
12 | endangers the safety of any
person or property. The fact that | |||||||||||||||||||||||||||||||||||
13 | the speed of a vehicle does not exceed
the applicable maximum | |||||||||||||||||||||||||||||||||||
14 | speed limit does not relieve the driver from the
duty to | |||||||||||||||||||||||||||||||||||
15 | decrease speed when approaching and crossing an intersection,
| |||||||||||||||||||||||||||||||||||
16 | approaching and going around a curve, when approaching a hill | |||||||||||||||||||||||||||||||||||
17 | crest, when
traveling upon any narrow or winding roadway, or | |||||||||||||||||||||||||||||||||||
18 | when special hazard exists
with respect to pedestrians or other | |||||||||||||||||||||||||||||||||||
19 | traffic or by reason of weather or
highway conditions. Speed | |||||||||||||||||||||||||||||||||||
20 | must be decreased as may be necessary to avoid
colliding with | |||||||||||||||||||||||||||||||||||
21 | any person or vehicle on or entering the highway in
compliance | |||||||||||||||||||||||||||||||||||
22 | with legal requirements and the duty of all persons to use due
| |||||||||||||||||||||||||||||||||||
23 | care.
| |||||||||||||||||||||||||||||||||||
24 | (b) No person may drive a vehicle upon any highway of this | |||||||||||||||||||||||||||||||||||
25 | State at a
speed which is greater than the applicable statutory | |||||||||||||||||||||||||||||||||||
26 | maximum speed limit
established by paragraphs (c), (d), (e), | |||||||||||||||||||||||||||||||||||
27 | (f) or (g) of this Section, by
Section 11-605 or by a | |||||||||||||||||||||||||||||||||||
28 | regulation or ordinance made under this Chapter.
| |||||||||||||||||||||||||||||||||||
29 | (c) Unless some other speed restriction is established | |||||||||||||||||||||||||||||||||||
30 | under this
Chapter, the maximum speed limit in an urban | |||||||||||||||||||||||||||||||||||
31 | district for all vehicles is:
| |||||||||||||||||||||||||||||||||||
32 | 1. 30 miles per hour; and
|
| |||||||
| |||||||
1 | 2. 15 miles per hour in an alley.
| ||||||
2 | (d) Unless some other speed restriction is established | ||||||
3 | under this Chapter,
the maximum speed limit outside an urban | ||||||
4 | district for any vehicle of the
first division or a second | ||||||
5 | division vehicle
designed or used for
the carrying of a gross | ||||||
6 | weight of 8,000 pounds or less
(including the
weight of the | ||||||
7 | vehicle and maximum load) is (1) 65 miles per hour (i) for
all | ||||||
8 | highways under the jurisdiction of the Illinois State Toll
| ||||||
9 | Highway Authority and (ii) for all or part of highways that are | ||||||
10 | designated by
the Department, have at least 4 lanes of traffic, | ||||||
11 | and have a separation between
the roadways moving in opposite | ||||||
12 | directions and (2) 55 miles per hour for all
other highways, | ||||||
13 | roads, and streets.
| ||||||
14 | (e) Unless some lesser speed restriction is established | ||||||
15 | under
this
Chapter, the maximum speed limit outside an urban | ||||||
16 | district for a second
division vehicle designed or used for the | ||||||
17 | carrying of a gross weight of
8,001 pounds or more (including | ||||||
18 | the weight of the vehicle and
maximum load) is
55 miles per | ||||||
19 | hour.
| ||||||
20 | (f) Unless some other speed restriction is established | ||||||
21 | under this Chapter,
the maximum speed limit outside an urban | ||||||
22 | district for a bus is:
| ||||||
23 | 1. 65 miles per hour upon any highway which has at | ||||||
24 | least 4 lanes of
traffic
and of which the roadways for | ||||||
25 | traffic moving in opposite directions are
separated by a | ||||||
26 | strip of ground which is not surfaced or suitable for | ||||||
27 | vehicular
traffic, except that the maximum speed limit for | ||||||
28 | a bus on all highways,
roads, or streets not under the | ||||||
29 | jurisdiction of the Department or the Illinois
State Toll | ||||||
30 | Highway Authority
is 55 miles per hour; and
| ||||||
31 | 2. 60 miles per hour on any other highway, except that
| ||||||
32 | the maximum speed limit for a bus on all highways, roads, | ||||||
33 | or streets not under
the jurisdiction of the Department or | ||||||
34 | the Illinois State Toll Highway
Authority
is 55 miles per | ||||||
35 | hour.
| ||||||
36 | (g) Unless some other speed restriction is established |
| |||||||
| |||||||
1 | under this Chapter,
the maximum speed limit outside an urban | ||||||
2 | district for a house car, camper,
private living coach, | ||||||
3 | vehicles licensed as recreational vehicles, and any
vehicle | ||||||
4 | towing any other vehicle is 55 miles per hour or the posted | ||||||
5 | speed
limit, whichever is less. | ||||||
6 | (h) Any person cited by an officer of the Illinois State | ||||||
7 | Police for violating this Section, if convicted of that | ||||||
8 | violation, shall, in addition to any other fine, fee, or | ||||||
9 | penalty, pay a fee of $5 to the clerk of the court, to be | ||||||
10 | deposited into the State Police Vehicle Fund.
| ||||||
11 | (Source: P.A. 89-444, eff. 1-25-96; 89-551, eff. 1-1-97.)
| ||||||
12 | (625 ILCS 5/11-601.5)
| ||||||
13 | Sec. 11-601.5. Driving 40 miles per hour or more in excess | ||||||
14 | of
applicable limit. A person who drives a vehicle upon any | ||||||
15 | highway of
this State at a speed that is 40 miles per hour or | ||||||
16 | more in excess of
the applicable maximum speed limit | ||||||
17 | established under this Chapter or a
local ordinance commits a | ||||||
18 | Class A misdemeanor. Any person cited by an officer of the | ||||||
19 | Illinois State Police for violating this Section shall, if | ||||||
20 | convicted of that violation, shall, in addition to any other | ||||||
21 | fine, fee, or penalty, pay a fee of $5 to the clerk of the | ||||||
22 | court, to be deposited into the State Police Vehicle Fund.
| ||||||
23 | (Source: P.A. 91-469, eff. 1-1-00.)
| ||||||
24 | (625 ILCS 5/11-605) (from Ch. 95 1/2, par. 11-605)
| ||||||
25 | Sec. 11-605. Special speed limit while passing schools.
| ||||||
26 | (a) For the purpose of this Section, "school" means the | ||||||
27 | following
entities:
| ||||||
28 | (1) A public or private primary or secondary school.
| ||||||
29 | (2) A primary or secondary school operated by a | ||||||
30 | religious institution.
| ||||||
31 | (3) A public, private, or religious nursery school.
| ||||||
32 | On a school day when school children are present and so | ||||||
33 | close
thereto
that a potential hazard exists because of the | ||||||
34 | close proximity of the motorized
traffic, no person shall drive |
| |||||||
| |||||||
1 | a motor vehicle at a speed in excess of 20 miles
per hour while | ||||||
2 | passing a school zone or while traveling on a roadway on public
| ||||||
3 | school property or upon any public
thoroughfare where children | ||||||
4 | pass going
to and from school.
| ||||||
5 | For the purpose of this Section a school day shall begin at | ||||||
6 | seven ante
meridian and shall conclude at four post meridian.
| ||||||
7 | This Section shall not be applicable unless appropriate | ||||||
8 | signs are posted
upon streets and highways under their | ||||||
9 | respective jurisdiction and
maintained by the Department, | ||||||
10 | township, county, park district, city,
village or incorporated | ||||||
11 | town wherein the school zone is located. With regard
to the | ||||||
12 | special speed limit while passing schools, such signs
shall | ||||||
13 | give proper due warning that a school zone is being approached | ||||||
14 | and
shall indicate the school zone and the maximum speed limit | ||||||
15 | in effect during
school days when school children are present.
| ||||||
16 | (b) (Blank).
| ||||||
17 | (c) Nothing in this Chapter shall
prohibit the use of | ||||||
18 | electronic speed-detecting devices within 500 feet of
signs | ||||||
19 | within a special school speed zone indicating such zone, as | ||||||
20 | defined
in this Section, nor shall evidence obtained thereby be | ||||||
21 | inadmissible in any
prosecution for speeding provided the use | ||||||
22 | of such device shall apply only
to the enforcement of the speed | ||||||
23 | limit in such special school speed zone.
| ||||||
24 | (d) (Blank).
| ||||||
25 | (e) A first violation of this Section is a petty
offense | ||||||
26 | with a minimum fine
of $150. A second or subsequent violation | ||||||
27 | of this
Section is a petty offense with a minimum fine of $300. | ||||||
28 | Any person cited by an officer of the Illinois State Police for | ||||||
29 | violating this Section, if convicted of that violation, shall, | ||||||
30 | in addition to any other fine, fee, or penalty, pay a fee of $5 | ||||||
31 | to the clerk of the court, to be deposited into the State | ||||||
32 | Police Vehicle Fund.
| ||||||
33 | (f) When a fine for a violation of subsection (a) is $150 | ||||||
34 | or greater,
the person who violates subsection (a) shall be | ||||||
35 | charged an additional
$50 to be paid to the unit school
| ||||||
36 | district where the
violation
occurred for school safety |
| |||||||
| |||||||
1 | purposes. If the violation occurred in a dual
school district,
| ||||||
2 | $25 of the surcharge shall be paid to the elementary school | ||||||
3 | district for school
safety
purposes and $25 of the surcharge | ||||||
4 | shall be paid to the high school district for
school
safety | ||||||
5 | purposes. Notwithstanding any other provision of law, the | ||||||
6 | entire $50
surcharge
shall be paid to the appropriate school | ||||||
7 | district or districts.
| ||||||
8 | For purposes of this subsection (f), "school safety | ||||||
9 | purposes" includes the
costs
associated with school zone safety | ||||||
10 | education and
the purchase, installation, and maintenance of | ||||||
11 | caution lights
which are
mounted on school speed zone signs.
| ||||||
12 | (g) (Blank).
| ||||||
13 | (h) (Blank).
| ||||||
14 | (Source: P.A. 92-242, eff. 1-1-02; 92-619, eff. 1-1-03; 92-780, | ||||||
15 | eff. 8-6-02; 93-955, eff. 8-19-04.)
| ||||||
16 | (625 ILCS 5/11-605.1) | ||||||
17 | Sec. 11-605.1. Special limit while traveling through a | ||||||
18 | highway construction or maintenance speed zone. | ||||||
19 | (a) A person may not operate a motor vehicle in a | ||||||
20 | construction or maintenance speed zone at a speed in excess of | ||||||
21 | the posted speed limit.
| ||||||
22 | (b) Nothing in this Chapter prohibits the use of electronic | ||||||
23 | speed-detecting devices within 500 feet of signs within a | ||||||
24 | construction or maintenance speed zone indicating the zone, as | ||||||
25 | defined in this Section, nor shall evidence obtained by use of | ||||||
26 | those devices be inadmissible in any prosecution for speeding, | ||||||
27 | provided the use of the device shall apply only to the | ||||||
28 | enforcement of the speed limit in the construction or | ||||||
29 | maintenance speed zone.
| ||||||
30 | (c) As used in this Section, a "construction or maintenance | ||||||
31 | speed zone" is an area in which the Department, Toll Highway | ||||||
32 | Authority, or local agency has determined that the preexisting | ||||||
33 | established speed limit through a highway construction or | ||||||
34 | maintenance project is greater than is reasonable or safe with | ||||||
35 | respect to the conditions expected to exist in the construction |
| |||||||
| |||||||
1 | or maintenance speed zone and has posted a lower speed limit | ||||||
2 | with a highway construction or maintenance speed zone special | ||||||
3 | speed limit sign. | ||||||
4 | Highway construction or maintenance speed zone special | ||||||
5 | speed limit signs shall be of a design approved by the | ||||||
6 | Department. The signs must give proper due warning that a | ||||||
7 | construction or maintenance speed zone is being approached and | ||||||
8 | must indicate the maximum speed limit in effect. The signs also | ||||||
9 | must state the amount of the minimum fine for a violation.
| ||||||
10 | (d) A first violation of this Section is a petty offense | ||||||
11 | with a minimum fine of $250. A second or subsequent violation | ||||||
12 | of this Section is a petty offense with a minimum fine of $750. | ||||||
13 | Any person cited by an officer of the Illinois State Police | ||||||
14 | violating this Section, if convicted of that violation, shall, | ||||||
15 | in addition to any other fine, fee, or penalty, pay a fee of $5 | ||||||
16 | to the clerk of the court, to be deposited into the State | ||||||
17 | Police Vehicle Fund.
| ||||||
18 | (e) If a fine for a violation of this Section is $250 or | ||||||
19 | greater, the person who violated this Section shall be charged | ||||||
20 | an additional $125, which shall be deposited into the | ||||||
21 | Transportation Safety Highway Hire-back Fund. In the case of a | ||||||
22 | second or subsequent violation of this Section, if the fine is | ||||||
23 | $750 or greater, the person who violated this Section shall be | ||||||
24 | charged an additional $250, which shall be deposited into the | ||||||
25 | Transportation Safety Highway Hire-back Fund.
| ||||||
26 | (f) The Transportation Safety Highway Hire-back Fund, | ||||||
27 | which was created by Public Act 92-619, shall continue to be a | ||||||
28 | special fund in the State treasury. Subject to appropriation by | ||||||
29 | the General Assembly and approval by the Secretary, the | ||||||
30 | Secretary of Transportation shall use all moneys in the | ||||||
31 | Transportation Safety Highway Hire-back Fund to hire off-duty | ||||||
32 | Department of State Police officers to monitor construction or | ||||||
33 | maintenance zones. | ||||||
34 | (g) For a second or subsequent violation of this Section | ||||||
35 | within 2 years of the date of the previous violation, the | ||||||
36 | Secretary of State shall suspend the driver's license of the |
| |||||||
| |||||||
1 | violator for a period of 90 days.
| ||||||
2 | (Source: P.A. 93-955, eff. 8-19-04.)
| ||||||
3 | (625 ILCS 5/11-606) (from Ch. 95 1/2, par. 11-606)
| ||||||
4 | Sec. 11-606. Minimum speed regulation. (a) No person shall | ||||||
5 | drive a motor vehicle at such a slow speed as to impede
or | ||||||
6 | block the normal and reasonable movement of traffic except when | ||||||
7 | reduced
speed is necessary for safe operation of his vehicle or | ||||||
8 | in compliance with law. Any person cited by an officer of the | ||||||
9 | Illinois State Police violating this Section, if convicted of | ||||||
10 | that violation, shall, in addition to any other fine, fee, or | ||||||
11 | penalty, pay a fee of $5 to the clerk of the court, to be | ||||||
12 | deposited into the State Police Vehicle Fund.
| ||||||
13 | (b) Whenever the Department, The Illinois State Toll | ||||||
14 | Highway Authority,
or a local authority described in Section | ||||||
15 | 11-604 of this Chapter determines,
upon the basis of an | ||||||
16 | engineering and traffic investigation concerning a
highway or | ||||||
17 | street under its jurisdiction that slow vehicle speeds along
| ||||||
18 | any part or zone of such highway or street consistently impede | ||||||
19 | the normal
and reasonable movement of traffic, the Department, | ||||||
20 | the Toll Highway Authority,
or local authority (as appropriate) | ||||||
21 | may determine and declare by proper
regulation or ordinance a | ||||||
22 | minimum speed
limit below which no person shall drive except | ||||||
23 | when necessary for safe operation
of his vehicle or in | ||||||
24 | compliance with law. A limit so determined and declared
becomes | ||||||
25 | effective when appropriate signs giving notice of the limit are
| ||||||
26 | erected along such part or zone of the highway or street.
| ||||||
27 | (Source: P.A. 81-840.)
| ||||||
28 | (625 ILCS 5/11-608) (from Ch. 95 1/2, par. 11-608)
| ||||||
29 | Sec. 11-608. Special speed limitation on elevated | ||||||
30 | structures. (a) No person shall drive a vehicle over any bridge | ||||||
31 | or other
elevated structure constituting a part of a highway at | ||||||
32 | a speed which is
greater than the maximum speed which can be | ||||||
33 | maintained with safety to
such bridge or structure, when such | ||||||
34 | structure is sign posted as provided
in this Section. Any |
| |||||||
| |||||||
1 | person cited by an officer of the Illinois State Police | ||||||
2 | violating this Section, if convicted of that violation, shall, | ||||||
3 | in addition to any other fine, fee, or penalty, pay a fee of $5 | ||||||
4 | to the clerk of the court, to be deposited into the State | ||||||
5 | Police Vehicle Fund.
| ||||||
6 | (b) The Department upon request from any local authority | ||||||
7 | shall, or
upon its own initiative may, conduct an investigation | ||||||
8 | of any bridge or
other elevated structure constituting a part | ||||||
9 | of a highway, and if it
shall thereupon find that such | ||||||
10 | structure cannot with safety to itself
withstand vehicles | ||||||
11 | traveling at the speed otherwise permissible under
this | ||||||
12 | Chapter, the Department shall determine and declare the maximum
| ||||||
13 | speed of vehicles which such structure can safely withstand, | ||||||
14 | and shall
cause or permit suitable signs stating such maximum | ||||||
15 | speed to be erected
and maintained before each end of such | ||||||
16 | structure.
| ||||||
17 | (c) Upon the trial of any person charged with a violation | ||||||
18 | of this
Section proof of the determination of the maximum speed | ||||||
19 | by the
Department and the existence of such signs is conclusive | ||||||
20 | evidence of the
maximum speed which can be maintained with | ||||||
21 | safety to such bridge or
structure.
| ||||||
22 | (Source: P.A. 76-1586.)
| ||||||
23 | (625 ILCS 5/11-611) (from Ch. 95 1/2, par. 11-611)
| ||||||
24 | Sec. 11-611. No person shall drive or operate any motor
| ||||||
25 | vehicle on any street or highway in this State where the | ||||||
26 | minimum
allowable speed on that street or highway, as posted, | ||||||
27 | is greater
than the maximum attainable operating speed of the | ||||||
28 | vehicle. Maximum
attainable operating speed shall be | ||||||
29 | determined by the
manufacturer of the vehicle and clearly | ||||||
30 | published in the manual of
specifications and operation, or it | ||||||
31 | shall be determined by applicable rule
and regulation
| ||||||
32 | promulgated by the Secretary of State. Any person cited by an | ||||||
33 | officer of the Illinois State Police violating this Section, if | ||||||
34 | convicted of that violation, shall, in addition to any other | ||||||
35 | fine, fee, or penalty, pay a fee of $5 to the clerk of the |
| |||||||
| |||||||
1 | court, to be deposited into the State Police Vehicle Fund.
| ||||||
2 | (Source: P.A. 79-700.)
| ||||||
3 | Section 10. The Clerks of Courts Act is amended by changing | ||||||
4 | Sections 27.5 and 27.6 as follows: | ||||||
5 | (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
| ||||||
6 | Sec. 27.5. (a) All fees, fines, costs, additional | ||||||
7 | penalties, bail balances
assessed or forfeited, and any other | ||||||
8 | amount paid by a person to the circuit
clerk that equals an | ||||||
9 | amount less than $55, except restitution under Section
5-5-6 of | ||||||
10 | the Unified Code of Corrections, reimbursement for the costs of | ||||||
11 | an
emergency response as provided under Section 11-501 of the | ||||||
12 | Illinois Vehicle
Code, the $5 fee to be deposited into the | ||||||
13 | State Police Vehicle Fund under Sections 11-601, 11-601.5, | ||||||
14 | 11-605, 11-605.1, 11-606, 11-608, and 11-611 of the Illinois | ||||||
15 | Vehicle Code, any fees collected for attending a traffic safety | ||||||
16 | program under
paragraph (c) of Supreme Court Rule 529, any fee | ||||||
17 | collected on behalf of a
State's Attorney under Section 4-2002 | ||||||
18 | of the Counties Code or a sheriff under
Section 4-5001 of the | ||||||
19 | Counties Code, or any cost imposed under Section 124A-5
of the | ||||||
20 | Code of Criminal Procedure of 1963, for convictions, orders of
| ||||||
21 | supervision, or any other disposition for a violation of | ||||||
22 | Chapters 3, 4, 6,
11, and 12 of the Illinois Vehicle Code, or a | ||||||
23 | similar provision of a local
ordinance, and any violation of | ||||||
24 | the Child Passenger Protection Act, or a
similar provision of a | ||||||
25 | local ordinance, and except as provided in subsection
(b) shall | ||||||
26 | be disbursed within 60 days after receipt by the circuit
clerk | ||||||
27 | as follows: 47% shall be disbursed to the entity authorized by | ||||||
28 | law to
receive the fine imposed in the case; 12% shall be | ||||||
29 | disbursed to the State
Treasurer; and 41% shall be disbursed to | ||||||
30 | the county's general corporate fund.
Of the 12% disbursed to | ||||||
31 | the State Treasurer, 1/6 shall be deposited by the
State | ||||||
32 | Treasurer into the Violent Crime Victims Assistance Fund, 1/2 | ||||||
33 | shall be
deposited into the Traffic and Criminal Conviction | ||||||
34 | Surcharge Fund, and 1/3
shall be deposited into the Drivers |
| |||||||
| |||||||
1 | Education Fund. For fiscal years 1992 and
1993, amounts | ||||||
2 | deposited into the Violent Crime Victims Assistance Fund, the
| ||||||
3 | Traffic and Criminal Conviction Surcharge Fund, or the Drivers | ||||||
4 | Education Fund
shall not exceed 110% of the amounts deposited | ||||||
5 | into those funds in fiscal year
1991. Any amount that exceeds | ||||||
6 | the 110% limit shall be distributed as follows:
50% shall be | ||||||
7 | disbursed to the county's general corporate fund and 50% shall | ||||||
8 | be
disbursed to the entity authorized by law to receive the | ||||||
9 | fine imposed in the
case. Not later than March 1 of each year | ||||||
10 | the circuit clerk
shall submit a report of the amount of funds | ||||||
11 | remitted to the State
Treasurer under this Section during the | ||||||
12 | preceding year based upon
independent verification of fines and | ||||||
13 | fees. All counties shall be subject
to this Section, except | ||||||
14 | that counties with a population under 2,000,000
may, by | ||||||
15 | ordinance, elect not to be subject to this Section. For | ||||||
16 | offenses
subject to this Section, judges shall impose one total | ||||||
17 | sum of money payable
for violations. The circuit clerk may add | ||||||
18 | on no additional amounts except
for amounts that are required | ||||||
19 | by Sections 27.3a and 27.3c of
this Act, unless those amounts | ||||||
20 | are specifically waived by the judge. With
respect to money | ||||||
21 | collected by the circuit clerk as a result of
forfeiture of | ||||||
22 | bail, ex parte judgment or guilty plea pursuant to Supreme
| ||||||
23 | Court Rule 529, the circuit clerk shall first deduct and pay | ||||||
24 | amounts
required by Sections 27.3a and 27.3c of this Act. This | ||||||
25 | Section is a denial
and limitation of home rule powers and | ||||||
26 | functions under subsection (h) of
Section 6 of Article VII of | ||||||
27 | the Illinois Constitution.
| ||||||
28 | (b) The following amounts must be remitted to the State | ||||||
29 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| ||||||
30 | (1) 50% of the amounts collected for felony offenses | ||||||
31 | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||||||
32 | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||||||
33 | Animals Act and Section 26-5 of the Criminal Code of
1961;
| ||||||
34 | (2) 20% of the amounts collected for Class A and Class | ||||||
35 | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||||||
36 | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care |
| |||||||
| |||||||
1 | for Animals Act and Section 26-5 of the Criminal
Code of | ||||||
2 | 1961; and
| ||||||
3 | (3) 50% of the amounts collected for Class C | ||||||
4 | misdemeanors under
Sections 4.01 and 7.1 of the Humane Care | ||||||
5 | for Animals Act and Section 26-5
of the Criminal Code of | ||||||
6 | 1961.
| ||||||
7 | (Source: P.A. 92-454, eff. 1-1-02; 92-650, eff. 7-11-02; | ||||||
8 | 93-800, eff. 1-1-05.)
| ||||||
9 | (705 ILCS 105/27.6)
| ||||||
10 | Sec. 27.6. (a) All fees, fines, costs, additional | ||||||
11 | penalties, bail balances
assessed or forfeited, and any other | ||||||
12 | amount paid by a person to the circuit
clerk equalling an | ||||||
13 | amount of $55 or more, except the additional fee required
by | ||||||
14 | subsections (b) and (c), restitution under Section 5-5-6 of the
| ||||||
15 | Unified Code of Corrections, reimbursement for the costs of an | ||||||
16 | emergency
response as provided under Section 11-501 of the | ||||||
17 | Illinois Vehicle Code,
the $5 fee to be deposited into the | ||||||
18 | State Police Vehicle Fund under Sections 11-601, 11-601.5, | ||||||
19 | 11-605, 11-605.1, 11-606, 11-608, and 11-611 of the Illinois | ||||||
20 | Vehicle Code, any fees collected for attending a traffic safety | ||||||
21 | program under paragraph (c)
of Supreme Court Rule 529, any fee | ||||||
22 | collected on behalf of a State's Attorney
under Section 4-2002 | ||||||
23 | of the Counties Code or a sheriff under Section 4-5001
of the | ||||||
24 | Counties Code, or any cost imposed under Section 124A-5 of the | ||||||
25 | Code of
Criminal Procedure of 1963, for convictions, orders of | ||||||
26 | supervision, or any
other disposition for a violation of | ||||||
27 | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | ||||||
28 | similar provision of a local ordinance, and any
violation of | ||||||
29 | the Child Passenger Protection Act, or a similar provision of a
| ||||||
30 | local ordinance, and except as provided in subsection (d) shall | ||||||
31 | be disbursed
within 60 days after receipt by the circuit
clerk | ||||||
32 | as follows: 44.5% shall be disbursed to the entity authorized | ||||||
33 | by law to
receive the fine imposed in the case; 16.825% shall | ||||||
34 | be disbursed to the State
Treasurer; and 38.675% shall be | ||||||
35 | disbursed to the county's general corporate
fund. Of the |
| |||||||
| |||||||
1 | 16.825% disbursed to the State Treasurer, 2/17 shall be | ||||||
2 | deposited
by the State Treasurer into the Violent Crime Victims | ||||||
3 | Assistance Fund, 5.052/17
shall be deposited into the Traffic | ||||||
4 | and Criminal Conviction Surcharge Fund,
3/17 shall be deposited | ||||||
5 | into the Drivers Education Fund, and 6.948/17 shall be
| ||||||
6 | deposited into the Trauma Center Fund. Of the 6.948/17 | ||||||
7 | deposited into the
Trauma Center Fund from the 16.825% | ||||||
8 | disbursed to the State Treasurer, 50% shall
be disbursed to the | ||||||
9 | Department of Public Health and 50% shall be disbursed to
the | ||||||
10 | Department of Public Aid. For fiscal year 1993, amounts | ||||||
11 | deposited into
the Violent Crime Victims Assistance Fund, the | ||||||
12 | Traffic and Criminal
Conviction Surcharge Fund, or the Drivers | ||||||
13 | Education Fund shall not exceed 110%
of the amounts deposited | ||||||
14 | into those funds in fiscal year 1991. Any
amount that exceeds | ||||||
15 | the 110% limit shall be distributed as follows: 50%
shall be | ||||||
16 | disbursed to the county's general corporate fund and 50% shall | ||||||
17 | be
disbursed to the entity authorized by law to receive the | ||||||
18 | fine imposed in
the case. Not later than March 1 of each year | ||||||
19 | the circuit clerk
shall submit a report of the amount of funds | ||||||
20 | remitted to the State
Treasurer under this Section during the | ||||||
21 | preceding year based upon
independent verification of fines and | ||||||
22 | fees. All counties shall be subject
to this Section, except | ||||||
23 | that counties with a population under 2,000,000
may, by | ||||||
24 | ordinance, elect not to be subject to this Section. For | ||||||
25 | offenses
subject to this Section, judges shall impose one total | ||||||
26 | sum of money payable
for violations. The circuit clerk may add | ||||||
27 | on no additional amounts except
for amounts that are required | ||||||
28 | by Sections 27.3a and 27.3c of
this Act, unless those amounts | ||||||
29 | are specifically waived by the judge. With
respect to money | ||||||
30 | collected by the circuit clerk as a result of
forfeiture of | ||||||
31 | bail, ex parte judgment or guilty plea pursuant to Supreme
| ||||||
32 | Court Rule 529, the circuit clerk shall first deduct and pay | ||||||
33 | amounts
required by Sections 27.3a and 27.3c of this Act. This | ||||||
34 | Section is a denial
and limitation of home rule powers and | ||||||
35 | functions under subsection (h) of
Section 6 of Article VII of | ||||||
36 | the Illinois Constitution.
|
| |||||||
| |||||||
1 | (b) In addition to any other fines and court costs assessed | ||||||
2 | by the courts,
any person convicted or receiving an order of | ||||||
3 | supervision for driving under
the influence of alcohol or drugs | ||||||
4 | shall pay an additional fee of $100 to the
clerk of the circuit | ||||||
5 | court. This amount, less 2 1/2% that shall be used to
defray | ||||||
6 | administrative costs incurred by the clerk, shall be remitted | ||||||
7 | by the
clerk to the Treasurer within 60 days after receipt for | ||||||
8 | deposit into the Trauma
Center Fund. This additional fee of | ||||||
9 | $100 shall not be considered a part of the
fine for purposes of | ||||||
10 | any reduction in the fine for time served either before or
| ||||||
11 | after sentencing. Not later than March 1 of each year the | ||||||
12 | Circuit Clerk shall
submit a report of the amount of funds | ||||||
13 | remitted to the State Treasurer under
this subsection during | ||||||
14 | the preceding calendar year.
| ||||||
15 | (b-1) In addition to any other fines and court costs | ||||||
16 | assessed by the courts,
any person convicted or receiving an | ||||||
17 | order of supervision for driving under the
influence of alcohol | ||||||
18 | or drugs shall pay an additional fee of $5 to the clerk
of the | ||||||
19 | circuit court. This amount, less
2 1/2% that shall be used to | ||||||
20 | defray administrative costs incurred by the clerk,
shall be | ||||||
21 | remitted by the clerk to the Treasurer within 60 days after | ||||||
22 | receipt
for deposit into the Spinal Cord Injury Paralysis Cure | ||||||
23 | Research Trust Fund.
This additional fee of $5 shall not
be | ||||||
24 | considered a part of the fine for purposes of any reduction in | ||||||
25 | the fine for
time served either before or after sentencing. Not | ||||||
26 | later than March 1 of each
year the Circuit Clerk shall submit | ||||||
27 | a report of the amount of funds remitted to
the State Treasurer | ||||||
28 | under this subsection during the preceding calendar
year.
| ||||||
29 | (c) In addition to any other fines and court costs assessed | ||||||
30 | by the courts,
any person convicted for a violation of Sections | ||||||
31 | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or a | ||||||
32 | person sentenced for a violation of the Cannabis
Control Act, | ||||||
33 | the Illinois Controlled Substances Act, or the Methamphetamine | ||||||
34 | Control and Community Protection Act
shall pay an additional | ||||||
35 | fee of $100 to the clerk
of the circuit court. This amount, | ||||||
36 | less
2 1/2% that shall be used to defray administrative costs |
| |||||||
| |||||||
1 | incurred by the clerk,
shall be remitted by the clerk to the | ||||||
2 | Treasurer within 60 days after receipt
for deposit into the | ||||||
3 | Trauma Center Fund. This additional fee of $100 shall not
be | ||||||
4 | considered a part of the fine for purposes of any reduction in | ||||||
5 | the fine for
time served either before or after sentencing. Not | ||||||
6 | later than March 1 of each
year the Circuit Clerk shall submit | ||||||
7 | a report of the amount of funds remitted to
the State Treasurer | ||||||
8 | under this subsection during the preceding calendar year.
| ||||||
9 | (c-1) In addition to any other fines and court costs | ||||||
10 | assessed by the
courts, any person sentenced for a violation of | ||||||
11 | the Cannabis Control Act,
the Illinois Controlled Substances | ||||||
12 | Act, or the Methamphetamine Control and Community Protection | ||||||
13 | Act shall pay an additional fee of $5 to the
clerk of the | ||||||
14 | circuit court. This amount, less 2 1/2% that shall be used to
| ||||||
15 | defray administrative costs incurred by the clerk, shall be | ||||||
16 | remitted by the
clerk to the Treasurer within 60 days after | ||||||
17 | receipt for deposit into the Spinal
Cord Injury Paralysis Cure | ||||||
18 | Research Trust Fund. This additional fee of $5
shall not be | ||||||
19 | considered a part of the fine for purposes of any reduction in | ||||||
20 | the
fine for time served either before or after sentencing. Not | ||||||
21 | later than March 1
of each year the Circuit Clerk shall submit | ||||||
22 | a report of the amount of funds
remitted to the State Treasurer | ||||||
23 | under this subsection during the preceding
calendar year.
| ||||||
24 | (d) The following amounts must be remitted to the State | ||||||
25 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| ||||||
26 | (1) 50% of the amounts collected for felony offenses | ||||||
27 | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||||||
28 | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||||||
29 | Animals Act and Section 26-5 of the Criminal Code of
1961;
| ||||||
30 | (2) 20% of the amounts collected for Class A and Class | ||||||
31 | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||||||
32 | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||||||
33 | for Animals Act and Section 26-5 of the Criminal
Code of | ||||||
34 | 1961; and
| ||||||
35 | (3) 50% of the amounts collected for Class C | ||||||
36 | misdemeanors under Sections
4.01 and 7.1 of the Humane Care |
| |||||||
| |||||||
1 | for Animals Act and Section 26-5 of the
Criminal Code of | ||||||
2 | 1961.
| ||||||
3 | (Source: P.A. 93-800, eff. 1-1-05; 94-556, eff. 9-11-05.)
|