SB1862 EngrossedLRB098 07190 RLC 37251 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 5. The Unified Code of Corrections is amended by
5changing Sections 5-9-1.1 and 5-9-1.1-5 as follows:
 
6    (730 ILCS 5/5-9-1.1)  (from Ch. 38, par. 1005-9-1.1)
7    (Text of Section from P.A. 94-550, 96-132, 96-402, 96-1234,
8and 97-545)
9    Sec. 5-9-1.1. Drug related offenses.
10    (a) When a person has been adjudged guilty of a drug
11related offense involving possession or delivery of cannabis or
12possession or delivery of a controlled substance, other than
13methamphetamine, as defined in the Cannabis Control Act, as
14amended, or the Illinois Controlled Substances Act, as amended,
15in addition to any other penalty imposed, a fine shall be
16levied by the court at not less than the full street value of
17the cannabis or controlled substances seized.
18    "Street value" shall be determined by the court on the
19basis of testimony of law enforcement personnel and the
20defendant as to the amount seized and such testimony as may be
21required by the court as to the current street value of the
22cannabis or controlled substance seized.
23    (b) In addition to any penalty imposed under subsection (a)

 

 

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1of this Section, a fine of $100 shall be levied by the court,
2the proceeds of which shall be collected by the Circuit Clerk
3and remitted to the State Treasurer under Section 27.6 of the
4Clerks of Courts Act for deposit into the Trauma Center Fund
5for distribution as provided under Section 3.225 of the
6Emergency Medical Services (EMS) Systems Act.
7    (c) In addition to any penalty imposed under subsection (a)
8of this Section, a fee of $5 shall be assessed by the court,
9the proceeds of which shall be collected by the Circuit Clerk
10and remitted to the State Treasurer under Section 27.6 of the
11Clerks of Courts Act for deposit into the Spinal Cord Injury
12Paralysis Cure Research Trust Fund. This additional fee of $5
13shall not be considered a part of the fine for purposes of any
14reduction in the fine for time served either before or after
15sentencing.
16    (d) In addition to any penalty imposed under subsection (a)
17of this Section for a drug related offense involving possession
18or delivery of cannabis or possession or delivery of a
19controlled substance as defined in the Cannabis Control Act,
20the Illinois Controlled Substances Act, or the Methamphetamine
21Control and Community Protection Act, a fee of $50 shall be
22assessed by the court, the proceeds of which shall be collected
23by the Circuit Clerk and remitted to the State Treasurer under
24Section 27.6 of the Clerks of Courts Act for deposit into the
25Performance-enhancing Substance Testing Fund. This additional
26fee of $50 shall not be considered a part of the fine for

 

 

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1purposes of any reduction in the fine for time served either
2before or after sentencing. The provisions of this subsection
3(d), other than this sentence, are inoperative after June 30,
42011.
5    (e) In addition to any penalty imposed under subsection (a)
6of this Section, a $25 assessment shall be assessed by the
7court, the proceeds of which shall be collected by the Circuit
8Clerk and remitted to the State Treasurer for deposit into the
9Criminal Justice Information Projects Fund Drug Traffic
10Prevention Fund. The moneys deposited into the Criminal Justice
11Information Projects Fund under Drug Traffic Prevention Fund
12pursuant to this Section shall be appropriated to and
13administered by the Illinois Criminal Justice Information
14Authority Department of State Police for funding of drug task
15forces and Metropolitan Enforcement Groups in accordance with
16the Intergovernmental Drug Laws Enforcement Act.
17    (f) In addition to any penalty imposed under subsection (a)
18of this Section, a $20 assessment shall be assessed by the
19court, the proceeds of which shall be collected by the Circuit
20Clerk. Of the collected proceeds, (i) 90% shall be remitted to
21the State Treasurer for deposit into the Prescription Pill and
22Drug Disposal Fund; (ii) 5% shall be remitted for deposit into
23the Criminal Justice Information Projects Fund, for use by the
24Illinois Criminal Justice Information Authority for the costs
25associated with making grants from the Prescription Pill and
26Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%

 

 

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1for deposit into the Circuit Court Clerk Operation and
2Administrative Fund for the costs associated with
3administering this subsection.
4(Source: P.A. 96-132, eff. 8-7-09; 96-402, eff. 1-1-10;
596-1234, eff. 7-23-10; 97-545, eff. 1-1-12; revised 9-14-11.)
 
6    (Text of Section from P.A. 94-556, 96-132, 96-402, 96-1234,
7and 97-545)
8    Sec. 5-9-1.1. Drug related offenses.
9    (a) When a person has been adjudged guilty of a drug
10related offense involving possession or delivery of cannabis or
11possession or delivery of a controlled substance as defined in
12the Cannabis Control Act, the Illinois Controlled Substances
13Act, or the Methamphetamine Control and Community Protection
14Act, in addition to any other penalty imposed, a fine shall be
15levied by the court at not less than the full street value of
16the cannabis or controlled substances seized.
17    "Street value" shall be determined by the court on the
18basis of testimony of law enforcement personnel and the
19defendant as to the amount seized and such testimony as may be
20required by the court as to the current street value of the
21cannabis or controlled substance seized.
22    (b) In addition to any penalty imposed under subsection (a)
23of this Section, a fine of $100 shall be levied by the court,
24the proceeds of which shall be collected by the Circuit Clerk
25and remitted to the State Treasurer under Section 27.6 of the

 

 

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1Clerks of Courts Act for deposit into the Trauma Center Fund
2for distribution as provided under Section 3.225 of the
3Emergency Medical Services (EMS) Systems Act.
4    (c) In addition to any penalty imposed under subsection (a)
5of this Section, a fee of $5 shall be assessed by the court,
6the proceeds of which shall be collected by the Circuit Clerk
7and remitted to the State Treasurer under Section 27.6 of the
8Clerks of Courts Act for deposit into the Spinal Cord Injury
9Paralysis Cure Research Trust Fund. This additional fee of $5
10shall not be considered a part of the fine for purposes of any
11reduction in the fine for time served either before or after
12sentencing.
13    (d) In addition to any penalty imposed under subsection (a)
14of this Section for a drug related offense involving possession
15or delivery of cannabis or possession or delivery of a
16controlled substance as defined in the Cannabis Control Act,
17the Illinois Controlled Substances Act, or the Methamphetamine
18Control and Community Protection Act, a fee of $50 shall be
19assessed by the court, the proceeds of which shall be collected
20by the Circuit Clerk and remitted to the State Treasurer under
21Section 27.6 of the Clerks of Courts Act for deposit into the
22Performance-enhancing Substance Testing Fund. This additional
23fee of $50 shall not be considered a part of the fine for
24purposes of any reduction in the fine for time served either
25before or after sentencing. The provisions of this subsection
26(d), other than this sentence, are inoperative after June 30,

 

 

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12011.
2    (e) In addition to any penalty imposed under subsection (a)
3of this Section, a $25 assessment shall be assessed by the
4court, the proceeds of which shall be collected by the Circuit
5Clerk and remitted to the State Treasurer for deposit into the
6Criminal Justice Information Projects Fund Drug Traffic
7Prevention Fund. The moneys deposited into the Criminal Justice
8Information Projects Fund under Drug Traffic Prevention Fund
9pursuant to this Section shall be appropriated to and
10administered by the Illinois Criminal Justice Information
11Authority Department of State Police for funding of drug task
12forces and Metropolitan Enforcement Groups in accordance with
13the Intergovernmental Drug Laws Enforcement Act.
14    (f) In addition to any penalty imposed under subsection (a)
15of this Section, a $20 assessment shall be assessed by the
16court, the proceeds of which shall be collected by the Circuit
17Clerk. Of the collected proceeds, (i) 90% shall be remitted to
18the State Treasurer for deposit into the Prescription Pill and
19Drug Disposal Fund; (ii) 5% shall be remitted for deposit into
20the Criminal Justice Information Projects Fund, for use by the
21Illinois Criminal Justice Information Authority for the costs
22associated with making grants from the Prescription Pill and
23Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%
24for deposit into the Circuit Court Clerk Operation and
25Administrative Fund for the costs associated with
26administering this subsection.

 

 

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1(Source: P.A. 96-132, eff. 8-7-09; 96-402, eff. 1-1-10;
296-1234, eff. 7-23-10; 97-545, eff. 1-1-12; revised 9-14-11.)
 
3    (730 ILCS 5/5-9-1.1-5)
4    Sec. 5-9-1.1-5. Methamphetamine related offenses.
5    (a) When a person has been adjudged guilty of a
6methamphetamine related offense involving possession or
7delivery of methamphetamine or any salt of an optical isomer of
8methamphetamine or possession of a methamphetamine
9manufacturing material as set forth in Section 10 of the
10Methamphetamine Control and Community Protection Act with the
11intent to manufacture a substance containing methamphetamine
12or salt of an optical isomer of methamphetamine, in addition to
13any other penalty imposed, a fine shall be levied by the court
14at not less than the full street value of the methamphetamine
15or salt of an optical isomer of methamphetamine or
16methamphetamine manufacturing materials seized.
17    "Street value" shall be determined by the court on the
18basis of testimony of law enforcement personnel and the
19defendant as to the amount seized and such testimony as may be
20required by the court as to the current street value of the
21methamphetamine or salt of an optical isomer of methamphetamine
22or methamphetamine manufacturing materials seized.
23    (b) In addition to any penalty imposed under subsection (a)
24of this Section, a fine of $100 shall be levied by the court,
25the proceeds of which shall be collected by the Circuit Clerk

 

 

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1and remitted to the State Treasurer under Section 27.6 of the
2Clerks of Courts Act for deposit into the Methamphetamine Law
3Enforcement Fund and allocated as provided in subsection (d) of
4Section 5-9-1.2.
5    (c) In addition to any penalty imposed under subsection (a)
6of this Section, a $25 assessment shall be assessed by the
7court, the proceeds of which shall be collected by the Circuit
8Clerk and remitted to the State Treasurer for deposit into the
9Criminal Justice Information Projects Fund Drug Traffic
10Prevention Fund. The moneys deposited into the Criminal Justice
11Information Projects Fund under Drug Traffic Prevention Fund
12pursuant to this Section shall be appropriated to and
13administered by the Illinois Criminal Justice Information
14Authority Department of State Police for funding of drug task
15forces and Metropolitan Enforcement Groups in accordance with
16the Intergovernmental Drug Laws Enforcement Act.
17    (d) In addition to any penalty imposed under subsection (a)
18of this Section, a $20 assessment shall be assessed by the
19court, the proceeds of which shall be collected by the Circuit
20Clerk. Of the collected proceeds, (i) 90% shall be remitted to
21the State Treasurer for deposit into the Prescription Pill and
22Drug Disposal Fund; (ii) 5% shall be remitted for deposit into
23the Criminal Justice Information Projects Fund, for use by the
24Illinois Criminal Justice Information Authority for the costs
25associated with making grants from the Prescription Pill and
26Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%

 

 

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1for deposit into the Circuit Court Clerk Operation and
2Administrative Fund for the costs associated with
3administering this subsection.
4(Source: P.A. 96-200, eff. 8-10-09; 96-402, eff. 1-1-10;
596-1000, eff. 7-2-10; 96-1234, eff. 7-23-10; 97-545, eff.
61-1-12.)
 
7    Section 99. Effective date. This Act takes effect July 1,
82013.