SB3602 EnrolledLRB097 18034 RLC 65631 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 10. The Violent Crime Victims Assistance Act is
5amended by changing Section 10 as follows:
 
6    (725 ILCS 240/10)  (from Ch. 70, par. 510)
7    Sec. 10. Violent Crime Victims Assistance Fund.
8    (a) The "Violent Crime Victims Assistance Fund" is created
9as a special fund in the State Treasury to provide monies for
10the grants to be awarded under this Act.
11    (b) When any person is convicted in Illinois of an offense
12listed below, or placed on supervision for that offense on or
13after July 1, 2012, the court shall impose the following fines:
14        (1) $100 for any felony;
15        (2) $50 for any offense under the Illinois Vehicle
16    Code, exclusive of offenses enumerated in paragraph (a)(2)
17    of Section 6-204 of that Code, and exclusive of any offense
18    enumerated in Article VI of Chapter 11 of that Code
19    relating to restrictions, regulations, and limitations on
20    the speed at which a motor vehicle is driven or operated;
21    and
22        (3) $75 for any misdemeanor, excluding a conservation
23    offense.

 

 

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1    Notwithstanding any other provision of this Section, the
2penalty established in this Section shall be assessed for any
3violation of Section 11-601.5, 11-605.2, or 11-605.3 of the
4Illinois Vehicle Code.
5    The Clerk of the Circuit Court shall remit moneys collected
6under this subsection (b) On and after September 18, 1986,
7there shall be an additional penalty collected from each
8defendant upon conviction of any felony or upon conviction of
9or disposition of supervision for any misdemeanor, or upon
10conviction of or disposition of supervision for any offense
11under the Illinois Vehicle Code, exclusive of offenses
12enumerated in paragraph (a)(2) of Section 6-204 of that Code,
13and exclusive of any offense enumerated in Article VI of
14Chapter 11 of that Code relating to restrictions, regulations
15and limitations on the speed at which a motor vehicle is driven
16or operated, an additional penalty of $4 for each $40, or
17fraction thereof, of fine imposed. Notwithstanding any other
18provision of this Section, the penalty established in this
19Section shall be assessed for any violation of Section
2011-601.5, 11-605.2, or 11-605.3 of the Illinois Vehicle Code.
21Such additional amounts shall be collected by the Clerk of the
22Circuit Court in addition to the fine and costs in the case.
23Each such additional penalty collected under this subsection
24(b) or subsection (c) of this Section shall be remitted by the
25Clerk of the Circuit Court within one month after receipt to
26the State Treasurer for deposit into the Violent Crime Victims

 

 

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1Assistance Fund, except as provided in subsection (g) of this
2Section. Such additional penalty shall not be considered a part
3of the fine for purposes of any reduction made in the fine for
4time served either before or after sentencing. Not later than
5March 1 of each year the Clerk of the Circuit Court shall
6submit to the State Comptroller a report of the amount of funds
7remitted by him to the State Treasurer under this Section
8during the preceding calendar year. Except as otherwise
9provided by Supreme Court Rules, if a court in sentencing an
10offender levies a gross amount for fine, costs, fees and
11penalties, the amount of the additional penalty provided for
12herein shall be computed on the amount remaining after
13deducting from the gross amount levied all fees of the Circuit
14Clerk, the State's Attorney and the Sheriff. After deducting
15from the gross amount levied the fees and additional penalty
16provided for herein, less any other additional penalties
17provided by law, the clerk shall remit the net balance
18remaining to the entity authorized by law to receive the fine
19imposed in the case. For purposes of this Section "fees of the
20Circuit Clerk" shall include, if applicable, the fee provided
21for under Section 27.3a of the Clerks of Courts Act and the
22fee, if applicable, payable to the county in which the
23violation occurred pursuant to Section 5-1101 of the Counties
24Code.
25    (c) When any person is convicted in Illinois on or after
26August 28, 1986, of an offense listed below, or placed on

 

 

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1supervision for such an offense on or after September 18, 1986,
2and no other fine is imposed, the following penalty shall be
3collected by the Circuit Court Clerk:
4        (1) $25, for any crime of violence as defined in
5    subsection (c) of Section 2 of the Crime Victims
6    Compensation Act; and
7        (2) $20, for any other felony or misdemeanor, excluding
8    any conservation offense.
9    The Such charge imposed by subsection (b) shall not be
10subject to the provisions of Section 110-14 of the Code of
11Criminal Procedure of 1963.
12    (d) Monies forfeited, and proceeds from the sale of
13property forfeited and seized, under the forfeiture provisions
14set forth in Part 500 of Article 124B of the Code of Criminal
15Procedure of 1963 shall be accepted for the Violent Crime
16Victims Assistance Fund.
17    (e) Investment income which is attributable to the
18investment of monies in the Violent Crime Victims Assistance
19Fund shall be credited to that fund for uses specified in this
20Act. The Treasurer shall provide the Attorney General a monthly
21status report on the amount of money in the Fund.
22    (f) Monies from the fund may be granted on and after July
231, 1984.
24    (g) All amounts and charges imposed under this Section for
25any violation of Chapters 3, 4, 6, and 11 of the Illinois
26Vehicle Code, or a similar provision of a local ordinance, or

 

 

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1any violation of the Child Passenger Protection Act, or a
2similar provision of a local ordinance, shall be collected and
3disbursed by the circuit clerk as provided under Section 27.5
4of the Clerks of Courts Act.
5(Source: P.A. 96-712, eff. 1-1-10; 97-108, eff. 7-14-11.)
 
6    Section 99. Effective date. This Act takes effect July 1,
72012.