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1 | AN ACT concerning family 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 | Sections 5.786 and 6z-87 as follows: | ||||||||||||||||||||||||||||||
6 | (30 ILCS 105/5.786 new) | ||||||||||||||||||||||||||||||
7 | Sec. 5.786. The Grandparents Custody Assistance Fund. | ||||||||||||||||||||||||||||||
8 | (30 ILCS 105/6z-87 new) | ||||||||||||||||||||||||||||||
9 | Sec. 6z-87. The Grandparents Custody Assistance Fund. The | ||||||||||||||||||||||||||||||
10 | Grandparents Custody Assistance Fund is created as a special | ||||||||||||||||||||||||||||||
11 | fund in the State treasury. The Fund may accept fees, gifts, | ||||||||||||||||||||||||||||||
12 | grants, donations, and federal or State appropriations, for | ||||||||||||||||||||||||||||||
13 | use, subject to appropriation, by the Attorney General in | ||||||||||||||||||||||||||||||
14 | making grants to public or private non-profit agencies that | ||||||||||||||||||||||||||||||
15 | provide pro bono legal assistance to a grandparent or other | ||||||||||||||||||||||||||||||
16 | first-degree relative who is seeking (i) custody of a child or | ||||||||||||||||||||||||||||||
17 | (ii) to intervene in a custody dispute involving that child. | ||||||||||||||||||||||||||||||
18 | The Attorney General may seek private and public funds for | ||||||||||||||||||||||||||||||
19 | deposit into the Grandparents Custody Assistance Fund. Moneys | ||||||||||||||||||||||||||||||
20 | in the Fund may be appropriated only for the use of the | ||||||||||||||||||||||||||||||
21 | Attorney General in the performance of his or her powers and | ||||||||||||||||||||||||||||||
22 | duties under this Section. The Attorney General shall adopt |
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1 | rules concerning application for and disbursement of moneys in | ||||||
2 | the Fund. For the purposes of this Section, "first-degree | ||||||
3 | relative" means a sibling, grandparent, aunt, or uncle of an | ||||||
4 | individual. | ||||||
5 | Section 10. The Clerks of Courts Act is amended by changing | ||||||
6 | Section 27.5 as follows:
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7 | (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
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8 | Sec. 27.5. (a) All fees, fines, costs, additional | ||||||
9 | penalties, bail balances
assessed or forfeited, and any other | ||||||
10 | amount paid by a person to the circuit
clerk that equals an | ||||||
11 | amount less than $55, except restitution under Section
5-5-6 of | ||||||
12 | the Unified Code of Corrections, reimbursement for the costs of | ||||||
13 | an
emergency response as provided under Section 11-501 of the | ||||||
14 | Illinois Vehicle
Code, any fees collected for attending a | ||||||
15 | traffic safety program under
paragraph (c) of Supreme Court | ||||||
16 | Rule 529, any fee collected on behalf of a
State's Attorney | ||||||
17 | under Section 4-2002 of the Counties Code or a sheriff under
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18 | Section 4-5001 of the Counties Code, or any cost imposed under | ||||||
19 | Section 124A-5
of the Code of Criminal Procedure of 1963, for | ||||||
20 | convictions, orders of
supervision, or any other disposition | ||||||
21 | for a violation of Chapters 3, 4, 6,
11, and 12 of the Illinois | ||||||
22 | Vehicle Code, or a similar provision of a local
ordinance, and | ||||||
23 | any violation of the Child Passenger Protection Act, or a
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24 | similar provision of a local ordinance, and except as otherwise |
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1 | provided in this Section , shall be disbursed within 60 days | ||||||
2 | after receipt by the circuit
clerk as follows: 47% shall be | ||||||
3 | disbursed to the entity authorized by law to
receive the fine | ||||||
4 | imposed in the case; 12% shall be disbursed to the State
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5 | Treasurer; and 41% shall be disbursed to the county's general | ||||||
6 | corporate fund.
Of the 12% disbursed to the State Treasurer, | ||||||
7 | 1/6 shall be deposited by the
State Treasurer into the Violent | ||||||
8 | Crime Victims Assistance Fund, 1/2 shall be
deposited into the | ||||||
9 | Traffic and Criminal Conviction Surcharge Fund, and 1/3
shall | ||||||
10 | be deposited into the Drivers Education Fund. For fiscal years | ||||||
11 | 1992 and
1993, amounts deposited into the Violent Crime Victims | ||||||
12 | Assistance Fund, the
Traffic and Criminal Conviction Surcharge | ||||||
13 | Fund, or the Drivers Education Fund
shall not exceed 110% of | ||||||
14 | the amounts deposited into those funds in fiscal year
1991. Any | ||||||
15 | amount that exceeds the 110% limit shall be distributed as | ||||||
16 | follows:
50% shall be disbursed to the county's general | ||||||
17 | corporate fund and 50% shall be
disbursed to the entity | ||||||
18 | authorized by law to receive the fine imposed in the
case. Not | ||||||
19 | later than March 1 of each year the circuit clerk
shall submit | ||||||
20 | a report of the amount of funds remitted to the State
Treasurer | ||||||
21 | under this Section during the preceding year based upon
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22 | independent verification of fines and fees. All counties shall | ||||||
23 | be subject
to this Section, except that counties with a | ||||||
24 | population under 2,000,000
may, by ordinance, elect not to be | ||||||
25 | subject to this Section. For offenses
subject to this Section, | ||||||
26 | judges shall impose one total sum of money payable
for |
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1 | violations. The circuit clerk may add on no additional amounts | ||||||
2 | except
for amounts that are required by Sections 27.3a and | ||||||
3 | 27.3c of
this Act, Section 16-104c of the Illinois Vehicle | ||||||
4 | Code, and subsection (a) of Section 5-1101 of the Counties | ||||||
5 | Code, unless those amounts are specifically waived by the | ||||||
6 | judge. With
respect to money collected by the circuit clerk as | ||||||
7 | a result of
forfeiture of bail, ex parte judgment or guilty | ||||||
8 | plea pursuant to Supreme
Court Rule 529, the circuit clerk | ||||||
9 | shall first deduct and pay amounts
required by Sections 27.3a | ||||||
10 | and 27.3c of this Act. Unless a court ordered payment schedule | ||||||
11 | is implemented or fee requirements are waived pursuant to a | ||||||
12 | court order, the circuit clerk may add to any unpaid fees and | ||||||
13 | costs a delinquency amount equal to 5% of the unpaid fees that | ||||||
14 | remain unpaid after 30 days, 10% of the unpaid fees that remain | ||||||
15 | unpaid after 60 days, and 15% of the unpaid fees that remain | ||||||
16 | unpaid after 90 days. Notice to those parties may be made by | ||||||
17 | signage posting or publication. The additional delinquency | ||||||
18 | amounts collected under this Section shall be deposited in the | ||||||
19 | Circuit Court Clerk Operation and Administrative Fund to be | ||||||
20 | used to defray administrative costs incurred by the circuit | ||||||
21 | clerk in performing the duties required to collect and disburse | ||||||
22 | funds. This Section is a denial
and limitation of home rule | ||||||
23 | powers and functions under subsection (h) of
Section 6 of | ||||||
24 | Article VII of the Illinois Constitution.
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25 | (b) The following amounts must be remitted to the State | ||||||
26 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
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1 | (1) 50% of the amounts collected for felony offenses | ||||||
2 | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||||||
3 | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||||||
4 | Animals Act and Section 26-5 of the Criminal Code of
1961;
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5 | (2) 20% of the amounts collected for Class A and Class | ||||||
6 | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||||||
7 | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||||||
8 | for Animals Act and Section 26-5 of the Criminal
Code of | ||||||
9 | 1961; and
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10 | (3) 50% of the amounts collected for Class C | ||||||
11 | misdemeanors under
Sections 4.01 and 7.1 of the Humane Care | ||||||
12 | for Animals Act and Section 26-5
of the Criminal Code of | ||||||
13 | 1961.
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14 | (c) Any person who receives a disposition of court | ||||||
15 | supervision for a violation of the Illinois Vehicle Code or a | ||||||
16 | similar provision of a local ordinance shall, in addition to | ||||||
17 | any other fines, fees, and court costs, pay an additional fee | ||||||
18 | of $29, to be disbursed as provided in Section 16-104c of the | ||||||
19 | Illinois Vehicle Code. In addition to the fee of $29, the | ||||||
20 | person shall also pay a fee of $6, if not waived by the court. | ||||||
21 | If this $6 fee is collected, $5.50 of the fee shall be | ||||||
22 | deposited into the Circuit Court Clerk Operation and | ||||||
23 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
24 | and 50 cents of the fee shall be deposited into the Prisoner | ||||||
25 | Review Board Vehicle and Equipment Fund in the State treasury. | ||||||
26 | (d) Any person convicted of, pleading guilty to, or placed |
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1 | on supervision for a serious traffic violation, as defined in | ||||||
2 | Section 1-187.001 of the Illinois Vehicle Code, a violation of | ||||||
3 | Section 11-501 of the Illinois Vehicle Code, or a violation of | ||||||
4 | a similar provision of a local ordinance shall pay an | ||||||
5 | additional fee of $35, to be disbursed as provided in Section | ||||||
6 | 16-104d of that Code. | ||||||
7 | This subsection (d) becomes inoperative 7 years after the | ||||||
8 | effective date of Public Act 95-154.
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9 | (e) In all counties having a population of 3,000,000 or | ||||||
10 | more inhabitants: | ||||||
11 | (1) A person who is found guilty of or pleads guilty to | ||||||
12 | violating subsection (a) of Section 11-501 of the Illinois | ||||||
13 | Vehicle Code, including any person placed on court | ||||||
14 | supervision for violating subsection (a), shall be fined | ||||||
15 | $750 as provided for by subsection (f) of Section 11-501.01 | ||||||
16 | of the Illinois Vehicle Code, payable to the circuit clerk, | ||||||
17 | who shall distribute the money pursuant to subsection (f) | ||||||
18 | of Section 11-501.01 of the Illinois Vehicle Code. | ||||||
19 | (2) When a crime laboratory DUI analysis fee of $150, | ||||||
20 | provided for by Section 5-9-1.9 of the Unified Code of | ||||||
21 | Corrections is assessed, it shall be disbursed by the | ||||||
22 | circuit clerk as provided by subsection (f) of Section | ||||||
23 | 5-9-1.9 of the Unified Code of Corrections. | ||||||
24 | (3) When a fine for a violation of subsection (a) of | ||||||
25 | Section 11-605 of the Illinois Vehicle Code is $150 or | ||||||
26 | greater, the additional $50 which is charged as provided |
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1 | for by subsection (f) of Section 11-605 of the Illinois | ||||||
2 | Vehicle Code shall be disbursed by the circuit clerk to a | ||||||
3 | school district or districts for school safety purposes as | ||||||
4 | provided by subsection (f) of Section 11-605. | ||||||
5 | (4) When a fine for a violation of subsection (a) of | ||||||
6 | Section 11-1002.5 of the Illinois Vehicle Code is $150 or | ||||||
7 | greater, the additional $50 which is charged as provided | ||||||
8 | for by subsection (c) of Section 11-1002.5 of the Illinois | ||||||
9 | Vehicle Code shall be disbursed by the circuit clerk to a | ||||||
10 | school district or districts for school safety purposes as | ||||||
11 | provided by subsection (c) of Section 11-1002.5 of the | ||||||
12 | Illinois Vehicle Code. | ||||||
13 | (5) When a mandatory drug court fee of up to $5 is | ||||||
14 | assessed as provided in subsection (f) of Section 5-1101 of | ||||||
15 | the Counties Code, it shall be disbursed by the circuit | ||||||
16 | clerk as provided in subsection (f) of Section 5-1101 of | ||||||
17 | the Counties Code. | ||||||
18 | (6) When a mandatory teen court, peer jury, youth | ||||||
19 | court, or other youth diversion program fee is assessed as | ||||||
20 | provided in subsection (e) of Section 5-1101 of the | ||||||
21 | Counties Code, it shall be disbursed by the circuit clerk | ||||||
22 | as provided in subsection (e) of Section 5-1101 of the | ||||||
23 | Counties Code. | ||||||
24 | (7) When a Children's Advocacy Center fee is assessed | ||||||
25 | pursuant to subsection (f-5) of Section 5-1101 of the | ||||||
26 | Counties Code, it shall be disbursed by the circuit clerk |
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1 | as provided in subsection (f-5) of Section 5-1101 of the | ||||||
2 | Counties Code. | ||||||
3 | (8) When a victim impact panel fee is assessed pursuant | ||||||
4 | to subsection (b) of Section 11-501.01 of the Illinois | ||||||
5 | Vehicle Code, it shall be disbursed by the circuit clerk to | ||||||
6 | the victim impact panel to be
attended by the defendant. | ||||||
7 | (9) When a new fee collected in traffic cases is | ||||||
8 | enacted after January 1, 2010 (the effective date of Public | ||||||
9 | Act 96-735), it shall be excluded from the percentage | ||||||
10 | disbursement provisions of this Section unless otherwise | ||||||
11 | indicated by law. | ||||||
12 | (f) Any person who receives a disposition of court | ||||||
13 | supervision for a violation of Section 11-501 of the Illinois | ||||||
14 | Vehicle Code shall, in addition to any other fines, fees, and | ||||||
15 | court costs, pay an additional fee of $50, which shall
be | ||||||
16 | collected by the circuit clerk and then remitted to the State | ||||||
17 | Treasurer for deposit into the Roadside Memorial Fund, a | ||||||
18 | special fund in the State treasury. However, the court may | ||||||
19 | waive the fee if full restitution is complied with. Subject to | ||||||
20 | appropriation, all moneys in the Roadside Memorial Fund shall | ||||||
21 | be used by the Department of Transportation to pay fees imposed | ||||||
22 | under subsection (f) of Section 20 of the Roadside Memorial | ||||||
23 | Act. The fee shall be remitted by the circuit clerk within one | ||||||
24 | month after receipt to the State Treasurer for deposit into the | ||||||
25 | Roadside Memorial Fund. | ||||||
26 | (g) For any conviction or disposition of court supervision |
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1 | for a violation of Section 11-1429 of the Illinois Vehicle | ||||||
2 | Code, the circuit clerk shall distribute the fines paid by the | ||||||
3 | person as specified by subsection (h) of Section 11-1429 of the | ||||||
4 | Illinois Vehicle Code. | ||||||
5 | (h) In addition to any other fines and court costs assessed | ||||||
6 | by the courts, a person fined under Section 612 of the Illinois | ||||||
7 | Marriage and Dissolution of Marriage Act for a violation of an | ||||||
8 | order concerning custody, visitation, or joint parenting shall | ||||||
9 | pay an additional fine of $50 to the clerk of the circuit | ||||||
10 | court. This amount less 10% shall be remitted by the clerk to | ||||||
11 | the Treasurer within 30 days after receipt for deposit into the | ||||||
12 | Grandparents Custody Assistance Fund. The 10% retained by the | ||||||
13 | clerk shall be used to defray administrative costs that the | ||||||
14 | clerk incurs. | ||||||
15 | (Source: P.A. 95-154, eff. 10-13-07; 95-428, eff. 8-24-07; | ||||||
16 | 95-876, eff. 8-21-08; 96-286, eff. 8-11-09; 96-576, eff. | ||||||
17 | 8-18-09; 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-735, | ||||||
18 | eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1175, eff. 9-20-10; | ||||||
19 | 96-1342, eff. 1-1-11; revised 9-16-10.)
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20 | Section 15. The Illinois Marriage and Dissolution of | ||||||
21 | Marriage Act is amended by adding Section 612 as follows: | ||||||
22 | (750 ILCS 5/612 new) | ||||||
23 | Sec. 612. Grandparents Custody Assistance Fund; fee. If the | ||||||
24 | court finds that one or more of the parties has violated an |
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1 | order of the court with regards to custody, visitation, or | ||||||
2 | joint parenting, the court shall assess a $50 fine against the | ||||||
3 | party in addition to any other penalty imposed, unless the | ||||||
4 | court determines to waive the fee because the court finds that | ||||||
5 | the imposition of it would place an undue burden on another | ||||||
6 | party who is not in violation of the court's order. The fine | ||||||
7 | shall be paid to the circuit clerk for deposit into the | ||||||
8 | Grandparents Custody Assistance Fund.
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