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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,
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3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
5 | Section 16-104d as follows: | ||||||
6 | (625 ILCS 5/16-104d) | ||||||
7 | Sec. 16-104d. Additional fee; serious traffic violation. | ||||||
8 | Any person who is convicted of, pleads guilty to, or is placed | ||||||
9 | on supervision for a serious traffic violation, as defined in | ||||||
10 | Section 1-187.001 of this Code, a violation of Section 11-501 | ||||||
11 | of this Code, or a violation of a similar provision of a local | ||||||
12 | ordinance shall pay an additional fee of $35. Of that fee, $15 | ||||||
13 | shall be deposited into the Fire Prevention Fund in the State | ||||||
14 | treasury, $15 shall be deposited into the Fire Truck Revolving | ||||||
15 | Loan Fund in the State treasury, and $5 shall be deposited into | ||||||
16 | the Circuit Court Clerk Operation and Administrative Fund | ||||||
17 | created by the Clerk of the Circuit Court. | ||||||
18 | This Section becomes inoperative on January 1, 2020 7 years | ||||||
19 | after the effective date of this amendatory Act of the 95th | ||||||
20 | General Assembly .
| ||||||
21 | (Source: P.A. 95-154, eff. 10-13-07; 96-286, eff. 8-11-09; | ||||||
22 | 96-1175, eff. 9-20-10.) |
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1 | Section 10. The Clerks of Courts Act is amended by changing | ||||||
2 | Sections 27.5 and 27.6 as follows:
| ||||||
3 | (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
| ||||||
4 | Sec. 27.5. (a) All fees, fines, costs, additional | ||||||
5 | penalties, bail balances
assessed or forfeited, and any other | ||||||
6 | amount paid by a person to the circuit
clerk that equals an | ||||||
7 | amount less than $55, except restitution under Section
5-5-6 of | ||||||
8 | the Unified Code of Corrections, reimbursement for the costs of | ||||||
9 | an
emergency response as provided under Section 11-501 of the | ||||||
10 | Illinois Vehicle
Code, any fees collected for attending a | ||||||
11 | traffic safety program under
paragraph (c) of Supreme Court | ||||||
12 | Rule 529, any fee collected on behalf of a
State's Attorney | ||||||
13 | under Section 4-2002 of the Counties Code or a sheriff under
| ||||||
14 | Section 4-5001 of the Counties Code, or any cost imposed under | ||||||
15 | Section 124A-5
of the Code of Criminal Procedure of 1963, for | ||||||
16 | convictions, orders of
supervision, or any other disposition | ||||||
17 | for a violation of Chapters 3, 4, 6,
11, and 12 of the Illinois | ||||||
18 | Vehicle Code, or a similar provision of a local
ordinance, and | ||||||
19 | any violation of the Child Passenger Protection Act, or a
| ||||||
20 | similar provision of a local ordinance, and except as otherwise | ||||||
21 | provided in this Section, shall be disbursed within 60 days | ||||||
22 | after receipt by the circuit
clerk as follows: 47% shall be | ||||||
23 | disbursed to the entity authorized by law to
receive the fine | ||||||
24 | imposed in the case; 12% shall be disbursed to the State
| ||||||
25 | Treasurer; and 41% shall be disbursed to the county's general |
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| |||||||
1 | corporate fund.
Of the 12% disbursed to the State Treasurer, | ||||||
2 | 1/6 shall be deposited by the
State Treasurer into the Violent | ||||||
3 | Crime Victims Assistance Fund, 1/2 shall be
deposited into the | ||||||
4 | Traffic and Criminal Conviction Surcharge Fund, and 1/3
shall | ||||||
5 | be deposited into the Drivers Education Fund. For fiscal years | ||||||
6 | 1992 and
1993, amounts deposited into the Violent Crime Victims | ||||||
7 | Assistance Fund, the
Traffic and Criminal Conviction Surcharge | ||||||
8 | Fund, or the Drivers Education Fund
shall not exceed 110% of | ||||||
9 | the amounts deposited into those funds in fiscal year
1991. Any | ||||||
10 | amount that exceeds the 110% limit shall be distributed as | ||||||
11 | follows:
50% shall be disbursed to the county's general | ||||||
12 | corporate fund and 50% shall be
disbursed to the entity | ||||||
13 | authorized by law to receive the fine imposed in the
case. Not | ||||||
14 | later than March 1 of each year the circuit clerk
shall submit | ||||||
15 | a report of the amount of funds remitted to the State
Treasurer | ||||||
16 | under this Section during the preceding year based upon
| ||||||
17 | independent verification of fines and fees. All counties shall | ||||||
18 | be subject
to this Section, except that counties with a | ||||||
19 | population under 2,000,000
may, by ordinance, elect not to be | ||||||
20 | subject to this Section. For offenses
subject to this Section, | ||||||
21 | judges shall impose one total sum of money payable
for | ||||||
22 | violations. The circuit clerk may add on no additional amounts | ||||||
23 | except
for amounts that are required by Sections 27.3a and | ||||||
24 | 27.3c of
this Act, Section 16-104c of the Illinois Vehicle | ||||||
25 | Code, and subsection (a) of Section 5-1101 of the Counties | ||||||
26 | Code, unless those amounts are specifically waived by the |
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| |||||||
1 | judge. With
respect to money collected by the circuit clerk as | ||||||
2 | a result of
forfeiture of bail, ex parte judgment or guilty | ||||||
3 | plea pursuant to Supreme
Court Rule 529, the circuit clerk | ||||||
4 | shall first deduct and pay amounts
required by Sections 27.3a | ||||||
5 | and 27.3c of this Act. Unless a court ordered payment schedule | ||||||
6 | is implemented or fee requirements are waived pursuant to a | ||||||
7 | court order, the circuit clerk may add to any unpaid fees and | ||||||
8 | costs a delinquency amount equal to 5% of the unpaid fees that | ||||||
9 | remain unpaid after 30 days, 10% of the unpaid fees that remain | ||||||
10 | unpaid after 60 days, and 15% of the unpaid fees that remain | ||||||
11 | unpaid after 90 days. Notice to those parties may be made by | ||||||
12 | signage posting or publication. The additional delinquency | ||||||
13 | amounts collected under this Section shall be deposited in the | ||||||
14 | Circuit Court Clerk Operation and Administrative Fund to be | ||||||
15 | used to defray administrative costs incurred by the circuit | ||||||
16 | clerk in performing the duties required to collect and disburse | ||||||
17 | funds. This Section is a denial
and limitation of home rule | ||||||
18 | powers and functions under subsection (h) of
Section 6 of | ||||||
19 | Article VII of the Illinois Constitution.
| ||||||
20 | (b) The following amounts must be remitted to the State | ||||||
21 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| ||||||
22 | (1) 50% of the amounts collected for felony offenses | ||||||
23 | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||||||
24 | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||||||
25 | Animals Act and Section 26-5 or 48-1 of the Criminal Code | ||||||
26 | of
1961 or the Criminal Code of 2012;
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| |||||||
1 | (2) 20% of the amounts collected for Class A and Class | ||||||
2 | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||||||
3 | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||||||
4 | for Animals Act and Section 26-5 or 48-1 of the Criminal
| ||||||
5 | Code of 1961 or the Criminal Code of 2012; and
| ||||||
6 | (3) 50% of the amounts collected for Class C | ||||||
7 | misdemeanors under
Sections 4.01 and 7.1 of the Humane Care | ||||||
8 | for Animals Act and Section 26-5
or 48-1 of the Criminal | ||||||
9 | Code of 1961 or the Criminal Code of 2012.
| ||||||
10 | (c) Any person who receives a disposition of court | ||||||
11 | supervision for a violation of the Illinois Vehicle Code or a | ||||||
12 | similar provision of a local ordinance shall, in addition to | ||||||
13 | any other fines, fees, and court costs, pay an additional fee | ||||||
14 | of $29, to be disbursed as provided in Section 16-104c of the | ||||||
15 | Illinois Vehicle Code. In addition to the fee of $29, the | ||||||
16 | person shall also pay a fee of $6, if not waived by the court. | ||||||
17 | If this $6 fee is collected, $5.50 of the fee shall be | ||||||
18 | deposited into the Circuit Court Clerk Operation and | ||||||
19 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
20 | and 50 cents of the fee shall be deposited into the Prisoner | ||||||
21 | Review Board Vehicle and Equipment Fund in the State treasury. | ||||||
22 | (d) Any person convicted of, pleading guilty to, or placed | ||||||
23 | on supervision for a serious traffic violation, as defined in | ||||||
24 | Section 1-187.001 of the Illinois Vehicle Code, a violation of | ||||||
25 | Section 11-501 of the Illinois Vehicle Code, or a violation of | ||||||
26 | a similar provision of a local ordinance shall pay an |
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1 | additional fee of $35, to be disbursed as provided in Section | ||||||
2 | 16-104d of that Code. | ||||||
3 | This subsection (d) becomes inoperative on January 1, 2020 | ||||||
4 | 7 years after the effective date of Public Act 95-154 .
| ||||||
5 | (e) In all counties having a population of 3,000,000 or | ||||||
6 | more inhabitants: | ||||||
7 | (1) A person who is found guilty of or pleads guilty to | ||||||
8 | violating subsection (a) of Section 11-501 of the Illinois | ||||||
9 | Vehicle Code, including any person placed on court | ||||||
10 | supervision for violating subsection (a), shall be fined | ||||||
11 | $750 as provided for by subsection (f) of Section 11-501.01 | ||||||
12 | of the Illinois Vehicle Code, payable to the circuit clerk, | ||||||
13 | who shall distribute the money pursuant to subsection (f) | ||||||
14 | of Section 11-501.01 of the Illinois Vehicle Code. | ||||||
15 | (2) When a crime laboratory DUI analysis fee of $150, | ||||||
16 | provided for by Section 5-9-1.9 of the Unified Code of | ||||||
17 | Corrections is assessed, it shall be disbursed by the | ||||||
18 | circuit clerk as provided by subsection (f) of Section | ||||||
19 | 5-9-1.9 of the Unified Code of Corrections. | ||||||
20 | (3) When a fine for a violation of subsection (a) of | ||||||
21 | Section 11-605 of the Illinois Vehicle Code is $150 or | ||||||
22 | greater, the additional $50 which is charged as provided | ||||||
23 | for by subsection (f) of Section 11-605 of the Illinois | ||||||
24 | Vehicle Code shall be disbursed by the circuit clerk to a | ||||||
25 | school district or districts for school safety purposes as | ||||||
26 | provided by subsection (f) of Section 11-605. |
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1 | (4) When a fine for a violation of subsection (a) of | ||||||
2 | Section 11-1002.5 of the Illinois Vehicle Code is $150 or | ||||||
3 | greater, the additional $50 which is charged as provided | ||||||
4 | for by subsection (c) of Section 11-1002.5 of the Illinois | ||||||
5 | Vehicle Code shall be disbursed by the circuit clerk to a | ||||||
6 | school district or districts for school safety purposes as | ||||||
7 | provided by subsection (c) of Section 11-1002.5 of the | ||||||
8 | Illinois Vehicle Code. | ||||||
9 | (5) When a mandatory drug court fee of up to $5 is | ||||||
10 | assessed as provided in subsection (f) of Section 5-1101 of | ||||||
11 | the Counties Code, it shall be disbursed by the circuit | ||||||
12 | clerk as provided in subsection (f) of Section 5-1101 of | ||||||
13 | the Counties Code. | ||||||
14 | (6) When a mandatory teen court, peer jury, youth | ||||||
15 | court, or other youth diversion program fee is assessed as | ||||||
16 | provided in subsection (e) of Section 5-1101 of the | ||||||
17 | Counties Code, it shall be disbursed by the circuit clerk | ||||||
18 | as provided in subsection (e) of Section 5-1101 of the | ||||||
19 | Counties Code. | ||||||
20 | (7) When a Children's Advocacy Center fee is assessed | ||||||
21 | pursuant to subsection (f-5) of Section 5-1101 of the | ||||||
22 | Counties Code, it shall be disbursed by the circuit clerk | ||||||
23 | as provided in subsection (f-5) of Section 5-1101 of the | ||||||
24 | Counties Code. | ||||||
25 | (8) When a victim impact panel fee is assessed pursuant | ||||||
26 | to subsection (b) of Section 11-501.01 of the Illinois |
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| |||||||
1 | Vehicle Code, it shall be disbursed by the circuit clerk to | ||||||
2 | the victim impact panel to be
attended by the defendant. | ||||||
3 | (9) When a new fee collected in traffic cases is | ||||||
4 | enacted after January 1, 2010 (the effective date of Public | ||||||
5 | Act 96-735), it shall be excluded from the percentage | ||||||
6 | disbursement provisions of this Section unless otherwise | ||||||
7 | indicated by law. | ||||||
8 | (f) Any person who receives a disposition of court | ||||||
9 | supervision for a violation of Section 11-501 of the Illinois | ||||||
10 | Vehicle Code shall, in addition to any other fines, fees, and | ||||||
11 | court costs, pay an additional fee of $50, which shall
be | ||||||
12 | collected by the circuit clerk and then remitted to the State | ||||||
13 | Treasurer for deposit into the Roadside Memorial Fund, a | ||||||
14 | special fund in the State treasury. However, the court may | ||||||
15 | waive the fee if full restitution is complied with. Subject to | ||||||
16 | appropriation, all moneys in the Roadside Memorial Fund shall | ||||||
17 | be used by the Department of Transportation to pay fees imposed | ||||||
18 | under subsection (f) of Section 20 of the Roadside Memorial | ||||||
19 | Act. The fee shall be remitted by the circuit clerk within one | ||||||
20 | month after receipt to the State Treasurer for deposit into the | ||||||
21 | Roadside Memorial Fund. | ||||||
22 | (g) For any conviction or disposition of court supervision | ||||||
23 | for a violation of Section 11-1429 of the Illinois Vehicle | ||||||
24 | Code, the circuit clerk shall distribute the fines paid by the | ||||||
25 | person as specified by subsection (h) of Section 11-1429 of the | ||||||
26 | Illinois Vehicle Code. |
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| |||||||
1 | (Source: P.A. 96-286, eff. 8-11-09; 96-576, eff. 8-18-09; | ||||||
2 | 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-735, eff. 1-1-10; | ||||||
3 | 96-1000, eff. 7-2-10; 96-1175, eff. 9-20-10; 96-1342, eff. | ||||||
4 | 1-1-11; 97-333, eff. 8-12-11; 97-1108, eff. 1-1-13; 97-1150, | ||||||
5 | eff. 1-25-13.)
| ||||||
6 | (705 ILCS 105/27.6)
| ||||||
7 | (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625, | ||||||
8 | 96-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, and | ||||||
9 | 97-1150) | ||||||
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 fine imposed by Section | ||||||
14 | 5-9-1.15
of the Unified Code of Corrections, the additional fee | ||||||
15 | required
by subsections (b) and (c), restitution under Section | ||||||
16 | 5-5-6 of the
Unified Code of Corrections, contributions to a | ||||||
17 | local anti-crime program ordered pursuant to Section | ||||||
18 | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | ||||||
19 | Corrections, reimbursement for the costs of an emergency
| ||||||
20 | response as provided under Section 11-501 of the Illinois | ||||||
21 | Vehicle Code,
any fees collected for attending a traffic safety | ||||||
22 | program under paragraph (c)
of Supreme Court Rule 529, any fee | ||||||
23 | collected on behalf of a State's Attorney
under Section 4-2002 | ||||||
24 | of the Counties Code or a sheriff under Section 4-5001
of the | ||||||
25 | Counties Code, or any cost imposed under Section 124A-5 of the |
| |||||||
| |||||||
1 | Code of
Criminal Procedure of 1963, for convictions, orders of | ||||||
2 | supervision, or any
other disposition for a violation of | ||||||
3 | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | ||||||
4 | similar provision of a local ordinance, and any
violation of | ||||||
5 | the Child Passenger Protection Act, or a similar provision of a
| ||||||
6 | local ordinance, and except as otherwise provided in this | ||||||
7 | Section
shall be disbursed
within 60 days after receipt by the | ||||||
8 | circuit
clerk as follows: 44.5% shall be disbursed to the | ||||||
9 | entity authorized by law to
receive the fine imposed in the | ||||||
10 | case; 16.825% shall be disbursed to the State
Treasurer; and | ||||||
11 | 38.675% shall be disbursed to the county's general corporate
| ||||||
12 | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | ||||||
13 | shall be deposited
by the State Treasurer into the Violent | ||||||
14 | Crime Victims Assistance Fund, 5.052/17
shall be deposited into | ||||||
15 | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall | ||||||
16 | be deposited into the Drivers Education Fund, and 6.948/17 | ||||||
17 | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 | ||||||
18 | deposited into the
Trauma Center Fund from the 16.825% | ||||||
19 | disbursed to the State Treasurer, 50% shall
be disbursed to the | ||||||
20 | Department of Public Health and 50% shall be disbursed to
the | ||||||
21 | Department of Healthcare and Family Services. For fiscal year | ||||||
22 | 1993, amounts deposited into
the Violent Crime Victims | ||||||
23 | Assistance Fund, the Traffic and Criminal
Conviction Surcharge | ||||||
24 | Fund, or the Drivers Education Fund shall not exceed 110%
of | ||||||
25 | the amounts deposited into those funds in fiscal year 1991. Any
| ||||||
26 | amount that exceeds the 110% limit shall be distributed as |
| |||||||
| |||||||
1 | follows: 50%
shall be disbursed to the county's general | ||||||
2 | corporate fund and 50% shall be
disbursed to the entity | ||||||
3 | authorized by law to receive the fine imposed in
the case. Not | ||||||
4 | later than March 1 of each year the circuit clerk
shall submit | ||||||
5 | a report of the amount of funds remitted to the State
Treasurer | ||||||
6 | under this Section during the preceding year based upon
| ||||||
7 | independent verification of fines and fees. All counties shall | ||||||
8 | be subject
to this Section, except that counties with a | ||||||
9 | population under 2,000,000
may, by ordinance, elect not to be | ||||||
10 | subject to this Section. For offenses
subject to this Section, | ||||||
11 | judges shall impose one total sum of money payable
for | ||||||
12 | violations. The circuit clerk may add on no additional amounts | ||||||
13 | except
for amounts that are required by Sections 27.3a and | ||||||
14 | 27.3c of
this Act, unless those amounts are specifically waived | ||||||
15 | by the judge. With
respect to money collected by the circuit | ||||||
16 | clerk as a result of
forfeiture of bail, ex parte judgment or | ||||||
17 | guilty plea pursuant to Supreme
Court Rule 529, the circuit | ||||||
18 | clerk shall first deduct and pay amounts
required by Sections | ||||||
19 | 27.3a and 27.3c of this Act. This Section is a denial
and | ||||||
20 | limitation of home rule powers and functions under subsection | ||||||
21 | (h) of
Section 6 of Article VII of the Illinois Constitution.
| ||||||
22 | (b) In addition to any other fines and court costs assessed | ||||||
23 | by the courts,
any person convicted or receiving an order of | ||||||
24 | supervision for driving under
the influence of alcohol or drugs | ||||||
25 | shall pay an additional fee of $100 to the
clerk of the circuit | ||||||
26 | court. This amount, less 2 1/2% that shall be used to
defray |
| |||||||
| |||||||
1 | administrative costs incurred by the clerk, shall be remitted | ||||||
2 | by the
clerk to the Treasurer within 60 days after receipt for | ||||||
3 | deposit into the Trauma
Center Fund. This additional fee of | ||||||
4 | $100 shall not be considered a part of the
fine for purposes of | ||||||
5 | any reduction in the fine for time served either before or
| ||||||
6 | after sentencing. Not later than March 1 of each year the | ||||||
7 | Circuit Clerk shall
submit a report of the amount of funds | ||||||
8 | remitted to the State Treasurer under
this subsection during | ||||||
9 | the preceding calendar year.
| ||||||
10 | (b-1) In addition to any other fines and court costs | ||||||
11 | assessed by the courts,
any person convicted or receiving an | ||||||
12 | order of supervision for driving under the
influence of alcohol | ||||||
13 | or drugs 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 | (c) In addition to any other fines and court costs assessed | ||||||
25 | by the courts,
any person convicted for a violation of Sections | ||||||
26 | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or the |
| |||||||
| |||||||
1 | Criminal Code of 2012 or a person sentenced for a violation of | ||||||
2 | the Cannabis
Control Act, the Illinois Controlled Substances | ||||||
3 | Act, or the Methamphetamine Control and Community Protection | ||||||
4 | Act
shall pay an additional fee of $100 to the clerk
of the | ||||||
5 | circuit court. This amount, less
2 1/2% that shall be used to | ||||||
6 | defray administrative costs incurred by the clerk,
shall be | ||||||
7 | remitted by the clerk to the Treasurer within 60 days after | ||||||
8 | receipt
for deposit into the Trauma Center Fund. This | ||||||
9 | additional fee of $100 shall not
be considered a part of the | ||||||
10 | fine for purposes of any reduction in the fine for
time served | ||||||
11 | either before or after sentencing. Not later than March 1 of | ||||||
12 | each
year the Circuit Clerk shall submit a report of the amount | ||||||
13 | of funds remitted to
the State Treasurer under this subsection | ||||||
14 | during the preceding calendar year.
| ||||||
15 | (c-1) In addition to any other fines and court costs | ||||||
16 | assessed by the
courts, any person sentenced for a violation of | ||||||
17 | the Cannabis Control Act,
the Illinois Controlled Substances | ||||||
18 | Act, or the Methamphetamine Control and Community Protection | ||||||
19 | Act shall pay an additional fee of $5 to the
clerk of the | ||||||
20 | circuit court. This amount, less 2 1/2% that shall be used to
| ||||||
21 | defray administrative costs incurred by the clerk, shall be | ||||||
22 | remitted by the
clerk to the Treasurer within 60 days after | ||||||
23 | receipt for deposit into the Spinal
Cord Injury Paralysis Cure | ||||||
24 | Research Trust Fund. This additional fee of $5
shall not be | ||||||
25 | considered a part of the fine for purposes of any reduction in | ||||||
26 | the
fine for time served either before or after sentencing. Not |
| |||||||
| |||||||
1 | later than March 1
of each year the Circuit Clerk shall submit | ||||||
2 | a report of the amount of funds
remitted to the State Treasurer | ||||||
3 | under this subsection during the preceding
calendar year.
| ||||||
4 | (d) The following amounts must be remitted to the State | ||||||
5 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| ||||||
6 | (1) 50% of the amounts collected for felony offenses | ||||||
7 | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||||||
8 | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||||||
9 | Animals Act and Section 26-5 or 48-1 of the Criminal Code | ||||||
10 | of
1961 or the Criminal Code of 2012;
| ||||||
11 | (2) 20% of the amounts collected for Class A and Class | ||||||
12 | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||||||
13 | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||||||
14 | for Animals Act and Section 26-5 or 48-1 of the Criminal
| ||||||
15 | Code of 1961 or the Criminal Code of 2012; and
| ||||||
16 | (3) 50% of the amounts collected for Class C | ||||||
17 | misdemeanors under Sections
4.01 and 7.1 of the Humane Care | ||||||
18 | for Animals Act and Section 26-5 or 48-1 of the
Criminal | ||||||
19 | Code of 1961 or the Criminal Code of 2012.
| ||||||
20 | (e) Any person who receives a disposition of court | ||||||
21 | supervision for a violation of the Illinois Vehicle Code or a | ||||||
22 | similar provision of a local ordinance shall, in addition to | ||||||
23 | any other fines, fees, and court costs, pay an additional fee | ||||||
24 | of $29, to be disbursed as provided in Section 16-104c of the | ||||||
25 | Illinois Vehicle Code. In addition to the fee of $29, the | ||||||
26 | person shall also pay a fee of $6, if not waived by the court. |
| |||||||
| |||||||
1 | If this $6 fee is collected, $5.50 of the fee shall be | ||||||
2 | deposited into the Circuit Court Clerk Operation and | ||||||
3 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
4 | and 50 cents of the fee shall be deposited into the Prisoner | ||||||
5 | Review Board Vehicle and Equipment Fund in the State treasury.
| ||||||
6 | (f) This Section does not apply to the additional child | ||||||
7 | pornography fines assessed and collected under Section | ||||||
8 | 5-9-1.14 of the Unified Code of Corrections.
| ||||||
9 | (g) (Blank). | ||||||
10 | (h) (Blank). | ||||||
11 | (i)
Of the amounts collected as fines under subsection (b) | ||||||
12 | of Section 3-712 of the Illinois Vehicle Code, 99% shall be | ||||||
13 | deposited into the Illinois Military Family Relief Fund and 1% | ||||||
14 | shall be deposited into the Circuit Court Clerk Operation and | ||||||
15 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
16 | to be used to offset the costs incurred by the Circuit Court | ||||||
17 | Clerk in performing the additional duties required to collect | ||||||
18 | and disburse funds to entities of State and local government as | ||||||
19 | provided by law.
| ||||||
20 | (j) Any person convicted of, pleading guilty to, or placed | ||||||
21 | on supervision for a serious traffic violation, as defined in | ||||||
22 | Section 1-187.001 of the Illinois Vehicle Code, a violation of | ||||||
23 | Section 11-501 of the Illinois Vehicle Code, or a violation of | ||||||
24 | a similar provision of a local ordinance shall pay an | ||||||
25 | additional fee of $35, to be disbursed as provided in Section | ||||||
26 | 16-104d of that Code. |
| |||||||
| |||||||
1 | This subsection (j) becomes inoperative on January 1, 2020 | ||||||
2 | 7 years after the effective date of Public Act 95-154 . | ||||||
3 | (k) For any conviction or disposition of court supervision | ||||||
4 | for a violation of Section 11-1429 of the Illinois Vehicle | ||||||
5 | Code, the circuit clerk shall distribute the fines paid by the | ||||||
6 | person as specified by subsection (h) of Section 11-1429 of the | ||||||
7 | Illinois Vehicle Code. | ||||||
8 | (l) Any person who receives a disposition of court | ||||||
9 | supervision for a violation of Section 11-501 of the Illinois | ||||||
10 | Vehicle Code or a similar provision of a local ordinance shall, | ||||||
11 | in addition to any other fines, fees, and court costs, pay an | ||||||
12 | additional fee of $50, which shall
be collected by the circuit | ||||||
13 | clerk and then remitted to the State Treasurer for deposit into | ||||||
14 | the Roadside Memorial Fund, a special fund in the State | ||||||
15 | treasury. However, the court may waive the fee if full | ||||||
16 | restitution is complied with. Subject to appropriation, all | ||||||
17 | moneys in the Roadside Memorial Fund shall be used by the | ||||||
18 | Department of Transportation to pay fees imposed under | ||||||
19 | subsection (f) of Section 20 of the Roadside Memorial Act. The | ||||||
20 | fee shall be remitted by the circuit clerk within one month | ||||||
21 | after receipt to the State Treasurer for deposit into the | ||||||
22 | Roadside Memorial Fund. | ||||||
23 | (m) Of the amounts collected as fines under subsection (c) | ||||||
24 | of Section 411.4 of the Illinois Controlled Substances Act or | ||||||
25 | subsection (c) of Section 90 of the Methamphetamine Control and | ||||||
26 | Community Protection Act, 99% shall be deposited to the law |
| |||||||
| |||||||
1 | enforcement agency or fund specified and 1% shall be deposited | ||||||
2 | into the Circuit Court Clerk Operation and Administrative Fund | ||||||
3 | to be used to offset the costs incurred by the Circuit Court | ||||||
4 | Clerk in performing the additional duties required to collect | ||||||
5 | and disburse funds to entities of State and local government as | ||||||
6 | provided by law. | ||||||
7 | (n) In addition to any other fines and court costs assessed | ||||||
8 | by the courts, any person who is convicted of or pleads guilty | ||||||
9 | to a violation of the Criminal Code of 1961 or the Criminal | ||||||
10 | Code of 2012, or a similar provision of a local ordinance, or | ||||||
11 | who is convicted of, pleads guilty to, or receives a | ||||||
12 | disposition of court supervision for a violation of the | ||||||
13 | Illinois Vehicle Code, or a similar provision of a local | ||||||
14 | ordinance, shall pay an additional fee of $15 to the clerk of | ||||||
15 | the circuit court. This additional fee of $15 shall not be | ||||||
16 | considered a part of the fine for purposes of any reduction in | ||||||
17 | the fine for time served either before or after sentencing. | ||||||
18 | This amount, less 2.5% that shall be used to defray | ||||||
19 | administrative costs incurred by the clerk, shall be remitted | ||||||
20 | by the clerk to the State Treasurer within 60 days after | ||||||
21 | receipt for deposit into the State Police Merit Board Public | ||||||
22 | Safety Fund. | ||||||
23 | (Source: P.A. 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428, | ||||||
24 | eff. 8-24-07; 95-600, eff. 6-1-08; 95-876, eff. 8-21-08; | ||||||
25 | 96-286, eff. 8-11-09; 96-576, eff. 8-18-09; 96-578, eff. | ||||||
26 | 8-18-09; 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-1175, |
| |||||||
| |||||||
1 | eff. 9-20-10; 96-1342, eff. 1-1-11; 97-1051, eff. 1-1-13; | ||||||
2 | 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.) | ||||||
3 | (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667, | ||||||
4 | 96-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, and | ||||||
5 | 97-1150) | ||||||
6 | Sec. 27.6. (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 equalling an | ||||||
9 | amount of $55 or more, except the fine imposed by Section | ||||||
10 | 5-9-1.15
of the Unified Code of Corrections, the additional fee | ||||||
11 | required
by subsections (b) and (c), restitution under Section | ||||||
12 | 5-5-6 of the
Unified Code of Corrections, contributions to a | ||||||
13 | local anti-crime program ordered pursuant to Section | ||||||
14 | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | ||||||
15 | Corrections, reimbursement for the costs of an emergency
| ||||||
16 | response as provided under Section 11-501 of the Illinois | ||||||
17 | Vehicle Code,
any fees collected for attending a traffic safety | ||||||
18 | program under paragraph (c)
of Supreme Court Rule 529, any fee | ||||||
19 | collected on behalf of a State's Attorney
under Section 4-2002 | ||||||
20 | of the Counties Code or a sheriff under Section 4-5001
of the | ||||||
21 | Counties Code, or any cost imposed under Section 124A-5 of the | ||||||
22 | Code of
Criminal Procedure of 1963, for convictions, orders of | ||||||
23 | supervision, or any
other disposition for a violation of | ||||||
24 | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | ||||||
25 | similar provision of a local ordinance, and any
violation of |
| |||||||
| |||||||
1 | the Child Passenger Protection Act, or a similar provision of a
| ||||||
2 | local ordinance, and except as otherwise provided in this | ||||||
3 | Section
shall be disbursed
within 60 days after receipt by the | ||||||
4 | circuit
clerk as follows: 44.5% shall be disbursed to the | ||||||
5 | entity authorized by law to
receive the fine imposed in the | ||||||
6 | case; 16.825% shall be disbursed to the State
Treasurer; and | ||||||
7 | 38.675% shall be disbursed to the county's general corporate
| ||||||
8 | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | ||||||
9 | shall be deposited
by the State Treasurer into the Violent | ||||||
10 | Crime Victims Assistance Fund, 5.052/17
shall be deposited into | ||||||
11 | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall | ||||||
12 | be deposited into the Drivers Education Fund, and 6.948/17 | ||||||
13 | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 | ||||||
14 | deposited into the
Trauma Center Fund from the 16.825% | ||||||
15 | disbursed to the State Treasurer, 50% shall
be disbursed to the | ||||||
16 | Department of Public Health and 50% shall be disbursed to
the | ||||||
17 | Department of Healthcare and Family Services. For fiscal year | ||||||
18 | 1993, amounts deposited into
the Violent Crime Victims | ||||||
19 | Assistance Fund, the Traffic and Criminal
Conviction Surcharge | ||||||
20 | Fund, or the Drivers Education Fund shall not exceed 110%
of | ||||||
21 | the amounts deposited into those funds in fiscal year 1991. Any
| ||||||
22 | amount that exceeds the 110% limit shall be distributed as | ||||||
23 | follows: 50%
shall be disbursed to the county's general | ||||||
24 | corporate fund and 50% shall be
disbursed to the entity | ||||||
25 | authorized by law to receive the fine imposed in
the case. Not | ||||||
26 | later than March 1 of each year the circuit clerk
shall submit |
| |||||||
| |||||||
1 | a report of the amount of funds remitted to the State
Treasurer | ||||||
2 | under this Section during the preceding year based upon
| ||||||
3 | independent verification of fines and fees. All counties shall | ||||||
4 | be subject
to this Section, except that counties with a | ||||||
5 | population under 2,000,000
may, by ordinance, elect not to be | ||||||
6 | subject to this Section. For offenses
subject to this Section, | ||||||
7 | judges shall impose one total sum of money payable
for | ||||||
8 | violations. The circuit clerk may add on no additional amounts | ||||||
9 | except
for amounts that are required by Sections 27.3a and | ||||||
10 | 27.3c of
this Act, Section 16-104c of the Illinois Vehicle | ||||||
11 | Code, and subsection (a) of Section 5-1101 of the Counties | ||||||
12 | Code, unless those amounts are specifically waived by the | ||||||
13 | judge. With
respect to money collected by the circuit clerk as | ||||||
14 | a result of
forfeiture of bail, ex parte judgment or guilty | ||||||
15 | plea pursuant to Supreme
Court Rule 529, the circuit clerk | ||||||
16 | shall first deduct and pay amounts
required by Sections 27.3a | ||||||
17 | and 27.3c of this Act. Unless a court ordered payment schedule | ||||||
18 | is implemented or fee requirements are waived pursuant to court | ||||||
19 | order, the clerk of the court may add to any unpaid fees and | ||||||
20 | costs a delinquency amount equal to 5% of the unpaid fees that | ||||||
21 | remain unpaid after 30 days, 10% of the unpaid fees that remain | ||||||
22 | unpaid after 60 days, and 15% of the unpaid fees that remain | ||||||
23 | unpaid after 90 days. Notice to those parties may be made by | ||||||
24 | signage posting or publication. The additional delinquency | ||||||
25 | amounts collected under this Section shall be deposited in the | ||||||
26 | Circuit Court Clerk Operation and Administrative Fund to be |
| |||||||
| |||||||
1 | used to defray administrative costs incurred by the circuit | ||||||
2 | clerk in performing the duties required to collect and disburse | ||||||
3 | funds. This Section is a denial
and limitation of home rule | ||||||
4 | powers and functions under subsection (h) of
Section 6 of | ||||||
5 | Article VII of the Illinois Constitution.
| ||||||
6 | (b) In addition to any other fines and court costs assessed | ||||||
7 | by the courts,
any person convicted or receiving an order of | ||||||
8 | supervision for driving under
the influence of alcohol or drugs | ||||||
9 | shall pay an additional fee of $100 to the
clerk of the circuit | ||||||
10 | court. This amount, less 2 1/2% that shall be used to
defray | ||||||
11 | administrative costs incurred by the clerk, shall be remitted | ||||||
12 | by the
clerk to the Treasurer within 60 days after receipt for | ||||||
13 | deposit into the Trauma
Center Fund. This additional fee of | ||||||
14 | $100 shall not be considered a part of the
fine for purposes of | ||||||
15 | any reduction in the fine for time served either before or
| ||||||
16 | after sentencing. Not later than March 1 of each year the | ||||||
17 | Circuit Clerk shall
submit a report of the amount of funds | ||||||
18 | remitted to the State Treasurer under
this subsection during | ||||||
19 | the preceding calendar year.
| ||||||
20 | (b-1) In addition to any other fines and court costs | ||||||
21 | assessed by the courts,
any person convicted or receiving an | ||||||
22 | order of supervision for driving under the
influence of alcohol | ||||||
23 | or drugs shall pay an additional fee of $5 to the clerk
of the | ||||||
24 | circuit court. This amount, less
2 1/2% that shall be used to | ||||||
25 | defray administrative costs incurred by the clerk,
shall be | ||||||
26 | remitted by the clerk to the Treasurer within 60 days after |
| |||||||
| |||||||
1 | receipt
for deposit into the Spinal Cord Injury Paralysis Cure | ||||||
2 | Research Trust Fund.
This additional fee of $5 shall not
be | ||||||
3 | considered a part of the fine for purposes of any reduction in | ||||||
4 | the fine for
time served either before or after sentencing. Not | ||||||
5 | later than March 1 of each
year the Circuit Clerk shall submit | ||||||
6 | a report of the amount of funds remitted to
the State Treasurer | ||||||
7 | under this subsection during the preceding calendar
year.
| ||||||
8 | (c) In addition to any other fines and court costs assessed | ||||||
9 | by the courts,
any person convicted for a violation of Sections | ||||||
10 | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or the | ||||||
11 | Criminal Code of 2012 or a person sentenced for a violation of | ||||||
12 | the Cannabis
Control Act, the Illinois Controlled Substances | ||||||
13 | Act, or the Methamphetamine Control and Community Protection | ||||||
14 | Act
shall pay an additional fee of $100 to the clerk
of the | ||||||
15 | circuit court. This amount, less
2 1/2% that shall be used to | ||||||
16 | defray administrative costs incurred by the clerk,
shall be | ||||||
17 | remitted by the clerk to the Treasurer within 60 days after | ||||||
18 | receipt
for deposit into the Trauma Center Fund. This | ||||||
19 | additional fee of $100 shall not
be considered a part of the | ||||||
20 | fine for purposes of any reduction in the fine for
time served | ||||||
21 | either before or after sentencing. Not later than March 1 of | ||||||
22 | each
year the Circuit Clerk shall submit a report of the amount | ||||||
23 | of funds remitted to
the State Treasurer under this subsection | ||||||
24 | during the preceding calendar year.
| ||||||
25 | (c-1) In addition to any other fines and court costs | ||||||
26 | assessed by the
courts, any person sentenced for a violation of |
| |||||||
| |||||||
1 | the Cannabis Control Act,
the Illinois Controlled Substances | ||||||
2 | Act, or the Methamphetamine Control and Community Protection | ||||||
3 | Act shall pay an additional fee of $5 to the
clerk of the | ||||||
4 | circuit court. This amount, less 2 1/2% that shall be used to
| ||||||
5 | defray administrative costs incurred by the clerk, shall be | ||||||
6 | remitted by the
clerk to the Treasurer within 60 days after | ||||||
7 | receipt for deposit into the Spinal
Cord Injury Paralysis Cure | ||||||
8 | Research Trust Fund. This additional fee of $5
shall not be | ||||||
9 | considered a part of the fine for purposes of any reduction in | ||||||
10 | the
fine for time served either before or after sentencing. Not | ||||||
11 | later than March 1
of each year the Circuit Clerk shall submit | ||||||
12 | a report of the amount of funds
remitted to the State Treasurer | ||||||
13 | under this subsection during the preceding
calendar year.
| ||||||
14 | (d) The following amounts must be remitted to the State | ||||||
15 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| ||||||
16 | (1) 50% of the amounts collected for felony offenses | ||||||
17 | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||||||
18 | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||||||
19 | Animals Act and Section 26-5 or 48-1 of the Criminal Code | ||||||
20 | of
1961 or the Criminal Code of 2012;
| ||||||
21 | (2) 20% of the amounts collected for Class A and Class | ||||||
22 | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||||||
23 | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||||||
24 | for Animals Act and Section 26-5 or 48-1 of the Criminal
| ||||||
25 | Code of 1961 or the Criminal Code of 2012; and
| ||||||
26 | (3) 50% of the amounts collected for Class C |
| |||||||
| |||||||
1 | misdemeanors under Sections
4.01 and 7.1 of the Humane Care | ||||||
2 | for Animals Act and Section 26-5 or 48-1 of the
Criminal | ||||||
3 | Code of 1961 or the Criminal Code of 2012.
| ||||||
4 | (e) Any person who receives a disposition of court | ||||||
5 | supervision for a violation of the Illinois Vehicle Code or a | ||||||
6 | similar provision of a local ordinance shall, in addition to | ||||||
7 | any other fines, fees, and court costs, pay an additional fee | ||||||
8 | of $29, to be disbursed as provided in Section 16-104c of the | ||||||
9 | Illinois Vehicle Code. In addition to the fee of $29, the | ||||||
10 | person shall also pay a fee of $6, if not waived by the court. | ||||||
11 | If this $6 fee is collected, $5.50 of the fee shall be | ||||||
12 | deposited into the Circuit Court Clerk Operation and | ||||||
13 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
14 | and 50 cents of the fee shall be deposited into the Prisoner | ||||||
15 | Review Board Vehicle and Equipment Fund in the State treasury.
| ||||||
16 | (f) This Section does not apply to the additional child | ||||||
17 | pornography fines assessed and collected under Section | ||||||
18 | 5-9-1.14 of the Unified Code of Corrections.
| ||||||
19 | (g) Any person convicted of or pleading guilty to a serious | ||||||
20 | traffic violation, as defined in Section 1-187.001 of the | ||||||
21 | Illinois Vehicle Code, shall pay an additional fee of $35, to | ||||||
22 | be disbursed as provided in Section 16-104d of that Code. This | ||||||
23 | subsection (g) becomes inoperative on January 1, 2020 7 years | ||||||
24 | after the effective date of Public Act 95-154 . | ||||||
25 | (h) In all counties having a population of 3,000,000 or | ||||||
26 | more inhabitants, |
| |||||||
| |||||||
1 | (1) A person who is found guilty of or pleads guilty to | ||||||
2 | violating subsection (a) of Section 11-501 of the Illinois | ||||||
3 | Vehicle Code, including any person placed on court | ||||||
4 | supervision for violating subsection (a), shall be fined | ||||||
5 | $750 as provided for by subsection (f) of Section 11-501.01 | ||||||
6 | of the Illinois Vehicle Code, payable to the circuit clerk, | ||||||
7 | who shall distribute the money pursuant to subsection (f) | ||||||
8 | of Section 11-501.01 of the Illinois Vehicle Code. | ||||||
9 | (2) When a crime laboratory DUI analysis fee of $150, | ||||||
10 | provided for by Section 5-9-1.9 of the Unified Code of | ||||||
11 | Corrections is assessed, it shall be disbursed by the | ||||||
12 | circuit clerk as provided by subsection (f) of Section | ||||||
13 | 5-9-1.9 of the Unified Code of Corrections. | ||||||
14 | (3) When a fine for a violation of Section 11-605.1 of | ||||||
15 | the Illinois Vehicle Code is $250 or greater, the person | ||||||
16 | who violated that Section shall be charged an additional | ||||||
17 | $125 as provided for by subsection (e) of Section 11-605.1 | ||||||
18 | of the Illinois Vehicle Code, which shall be disbursed by | ||||||
19 | the circuit clerk to a State or county Transportation | ||||||
20 | Safety Highway Hire-back Fund as provided by subsection (e) | ||||||
21 | of Section 11-605.1 of the Illinois Vehicle Code. | ||||||
22 | (4) When a fine for a violation of subsection (a) of | ||||||
23 | Section 11-605 of the Illinois Vehicle Code is $150 or | ||||||
24 | greater, the additional $50 which is charged as provided | ||||||
25 | for by subsection (f) of Section 11-605 of the Illinois | ||||||
26 | Vehicle Code shall be disbursed by the circuit clerk to a |
| |||||||
| |||||||
1 | school district or districts for school safety purposes as | ||||||
2 | provided by subsection (f) of Section 11-605. | ||||||
3 | (5) When a fine for a violation of subsection (a) of | ||||||
4 | Section 11-1002.5 of the Illinois Vehicle Code is $150 or | ||||||
5 | greater, the additional $50 which is charged as provided | ||||||
6 | for by subsection (c) of Section 11-1002.5 of the Illinois | ||||||
7 | Vehicle Code shall be disbursed by the circuit clerk to a | ||||||
8 | school district or districts for school safety purposes as | ||||||
9 | provided by subsection (c) of Section 11-1002.5 of the | ||||||
10 | Illinois Vehicle Code. | ||||||
11 | (6) When a mandatory drug court fee of up to $5 is | ||||||
12 | assessed as provided in subsection (f) of Section 5-1101 of | ||||||
13 | the Counties Code, it shall be disbursed by the circuit | ||||||
14 | clerk as provided in subsection (f) of Section 5-1101 of | ||||||
15 | the Counties Code. | ||||||
16 | (7) When a mandatory teen court, peer jury, youth | ||||||
17 | court, or other youth diversion program fee is assessed as | ||||||
18 | provided in subsection (e) of Section 5-1101 of the | ||||||
19 | Counties Code, it shall be disbursed by the circuit clerk | ||||||
20 | as provided in subsection (e) of Section 5-1101 of the | ||||||
21 | Counties Code. | ||||||
22 | (8) When a Children's Advocacy Center fee is assessed | ||||||
23 | pursuant to subsection (f-5) of Section 5-1101 of the | ||||||
24 | Counties Code, it shall be disbursed by the circuit clerk | ||||||
25 | as provided in subsection (f-5) of Section 5-1101 of the | ||||||
26 | Counties Code. |
| |||||||
| |||||||
1 | (9) When a victim impact panel fee is assessed pursuant | ||||||
2 | to subsection (b) of Section 11-501.01 of the Vehicle Code, | ||||||
3 | it shall be disbursed by the circuit clerk to the victim | ||||||
4 | impact panel to be attended by the defendant. | ||||||
5 | (10) When a new fee collected in traffic cases is | ||||||
6 | enacted after the effective date of this subsection (h), it | ||||||
7 | shall be excluded from the percentage disbursement | ||||||
8 | provisions of this Section unless otherwise indicated by | ||||||
9 | law. | ||||||
10 | (i)
Of the amounts collected as fines under subsection (b) | ||||||
11 | of Section 3-712 of the Illinois Vehicle Code, 99% shall be | ||||||
12 | deposited into the Illinois Military Family Relief Fund and 1% | ||||||
13 | shall be deposited into the Circuit Court Clerk Operation and | ||||||
14 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
15 | to be used to offset the costs incurred by the Circuit Court | ||||||
16 | Clerk in performing the additional duties required to collect | ||||||
17 | and disburse funds to entities of State and local government as | ||||||
18 | provided by law.
| ||||||
19 | (j) (Blank). | ||||||
20 | (k) For any conviction or disposition of court supervision | ||||||
21 | for a violation of Section 11-1429 of the Illinois Vehicle | ||||||
22 | Code, the circuit clerk shall distribute the fines paid by the | ||||||
23 | person as specified by subsection (h) of Section 11-1429 of the | ||||||
24 | Illinois Vehicle Code. | ||||||
25 | (l) Any person who receives a disposition of court | ||||||
26 | supervision for a violation of Section 11-501 of the Illinois |
| |||||||
| |||||||
1 | Vehicle Code or a similar provision of a local ordinance shall, | ||||||
2 | in addition to any other fines, fees, and court costs, pay an | ||||||
3 | additional fee of $50, which shall
be collected by the circuit | ||||||
4 | clerk and then remitted to the State Treasurer for deposit into | ||||||
5 | the Roadside Memorial Fund, a special fund in the State | ||||||
6 | treasury. However, the court may waive the fee if full | ||||||
7 | restitution is complied with. Subject to appropriation, all | ||||||
8 | moneys in the Roadside Memorial Fund shall be used by the | ||||||
9 | Department of Transportation to pay fees imposed under | ||||||
10 | subsection (f) of Section 20 of the Roadside Memorial Act. The | ||||||
11 | fee shall be remitted by the circuit clerk within one month | ||||||
12 | after receipt to the State Treasurer for deposit into the | ||||||
13 | Roadside Memorial Fund. | ||||||
14 | (m) Of the amounts collected as fines under subsection (c) | ||||||
15 | of Section 411.4 of the Illinois Controlled Substances Act or | ||||||
16 | subsection (c) of Section 90 of the Methamphetamine Control and | ||||||
17 | Community Protection Act, 99% shall be deposited to the law | ||||||
18 | enforcement agency or fund specified and 1% shall be deposited | ||||||
19 | into the Circuit Court Clerk Operation and Administrative Fund | ||||||
20 | to be used to offset the costs incurred by the Circuit Court | ||||||
21 | Clerk in performing the additional duties required to collect | ||||||
22 | and disburse funds to entities of State and local government as | ||||||
23 | provided by law. | ||||||
24 | (n) In addition to any other fines and court costs assessed | ||||||
25 | by the courts, any person who is convicted of or pleads guilty | ||||||
26 | to a violation of the Criminal Code of 1961 or the Criminal |
| |||||||
| |||||||
1 | Code of 2012, or a similar provision of a local ordinance, or | ||||||
2 | who is convicted of, pleads guilty to, or receives a | ||||||
3 | disposition of court supervision for a violation of the | ||||||
4 | Illinois Vehicle Code, or a similar provision of a local | ||||||
5 | ordinance, shall pay an additional fee of $15 to the clerk of | ||||||
6 | the circuit court. This additional fee of $15 shall not be | ||||||
7 | considered a part of the fine for purposes of any reduction in | ||||||
8 | the fine for time served either before or after sentencing. | ||||||
9 | This amount, less 2.5% that shall be used to defray | ||||||
10 | administrative costs incurred by the clerk, shall be remitted | ||||||
11 | by the clerk to the State Treasurer within 60 days after | ||||||
12 | receipt for deposit into the State Police Merit Board Public | ||||||
13 | Safety Fund. | ||||||
14 | (Source: P.A. 96-576, eff. 8-18-09; 96-578, eff. 8-18-09; | ||||||
15 | 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-735, eff. 1-1-10; | ||||||
16 | 96-1175, eff. 9-20-10; 96-1342, eff. 1-1-11; 97-434, eff. | ||||||
17 | 1-1-12; 97-1051, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1150, | ||||||
18 | eff. 1-25-13.) | ||||||
19 | Section 15. The Unified Code of Corrections is amended by | ||||||
20 | changing Section 5-6-1 as follows:
| ||||||
21 | (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
| ||||||
22 | Sec. 5-6-1. Sentences of Probation and of Conditional
| ||||||
23 | Discharge and Disposition of Supervision.
The General Assembly | ||||||
24 | finds that in order to protect the public, the
criminal justice |
| |||||||
| |||||||
1 | system must compel compliance with the conditions of probation
| ||||||
2 | by responding to violations with swift, certain and fair | ||||||
3 | punishments and
intermediate sanctions. The Chief Judge of each | ||||||
4 | circuit shall adopt a system of
structured, intermediate | ||||||
5 | sanctions for violations of the terms and conditions
of a | ||||||
6 | sentence of probation, conditional discharge or disposition of
| ||||||
7 | supervision.
| ||||||
8 | (a) Except where specifically prohibited by other
| ||||||
9 | provisions of this Code, the court shall impose a sentence
of | ||||||
10 | probation or conditional discharge upon an offender
unless, | ||||||
11 | having regard to the nature and circumstance of
the offense, | ||||||
12 | and to the history, character and condition
of the offender, | ||||||
13 | the court is of the opinion that:
| ||||||
14 | (1) his imprisonment or periodic imprisonment is | ||||||
15 | necessary
for the protection of the public; or
| ||||||
16 | (2) probation or conditional discharge would deprecate
| ||||||
17 | the seriousness of the offender's conduct and would be
| ||||||
18 | inconsistent with the ends of justice; or
| ||||||
19 | (3) a combination of imprisonment with concurrent or | ||||||
20 | consecutive probation when an offender has been admitted | ||||||
21 | into a drug court program under Section 20 of the Drug | ||||||
22 | Court Treatment Act is necessary for the protection of the | ||||||
23 | public and for the rehabilitation of the offender.
| ||||||
24 | The court shall impose as a condition of a sentence of | ||||||
25 | probation,
conditional discharge, or supervision, that the | ||||||
26 | probation agency may invoke any
sanction from the list of |
| |||||||
| |||||||
1 | intermediate sanctions adopted by the chief judge of
the | ||||||
2 | circuit court for violations of the terms and conditions of the | ||||||
3 | sentence of
probation, conditional discharge, or supervision, | ||||||
4 | subject to the provisions of
Section 5-6-4 of this Act.
| ||||||
5 | (b) The court may impose a sentence of conditional
| ||||||
6 | discharge for an offense if the court is of the opinion
that | ||||||
7 | neither a sentence of imprisonment nor of periodic
imprisonment | ||||||
8 | nor of probation supervision is appropriate.
| ||||||
9 | (b-1) Subsections (a) and (b) of this Section do not apply | ||||||
10 | to a defendant charged with a misdemeanor or felony under the | ||||||
11 | Illinois Vehicle Code or reckless homicide under Section 9-3 of | ||||||
12 | the Criminal Code of 1961 or the Criminal Code of 2012 if the | ||||||
13 | defendant within the past 12 months has been convicted of or | ||||||
14 | pleaded guilty to a misdemeanor or felony under the Illinois | ||||||
15 | Vehicle Code or reckless homicide under Section 9-3 of the | ||||||
16 | Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
17 | (c) The court may, upon a plea of guilty or a stipulation
| ||||||
18 | by the defendant of the facts supporting the charge or a
| ||||||
19 | finding of guilt, defer further proceedings and the
imposition | ||||||
20 | of a sentence, and enter an order for supervision of the | ||||||
21 | defendant,
if the defendant is not charged with: (i) a Class A | ||||||
22 | misdemeanor, as
defined by the following provisions of the | ||||||
23 | Criminal Code of 1961 or the Criminal Code of 2012: Sections
| ||||||
24 | 11-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6; | ||||||
25 | 31-7; paragraphs (2) and (3) of subsection (a) of Section
21-1;
| ||||||
26 | paragraph (1) through (5), (8), (10), and (11) of subsection |
| |||||||
| |||||||
1 | (a) of Section
24-1; (ii) a Class A misdemeanor violation of | ||||||
2 | Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals | ||||||
3 | Act; or (iii)
a felony.
If the defendant
is not barred from | ||||||
4 | receiving an order for supervision as provided in this
| ||||||
5 | subsection, the court may enter an order for supervision after | ||||||
6 | considering the
circumstances of the offense, and the history,
| ||||||
7 | character and condition of the offender, if the court is of the | ||||||
8 | opinion
that:
| ||||||
9 | (1) the offender is not likely to commit further | ||||||
10 | crimes;
| ||||||
11 | (2) the defendant and the public would be best served | ||||||
12 | if the
defendant were not to receive a criminal record; and
| ||||||
13 | (3) in the best interests of justice an order of | ||||||
14 | supervision
is more appropriate than a sentence otherwise | ||||||
15 | permitted under this Code.
| ||||||
16 | (c-5) Subsections (a), (b), and (c) of this Section do not | ||||||
17 | apply to a defendant charged with a second or subsequent | ||||||
18 | violation of Section 6-303 of the Illinois Vehicle Code | ||||||
19 | committed while his or her driver's license, permit or | ||||||
20 | privileges were revoked because of a violation of Section 9-3 | ||||||
21 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
22 | relating to the offense of reckless homicide, or a similar | ||||||
23 | provision of a law of another state.
| ||||||
24 | (d) The provisions of paragraph (c) shall not apply to a | ||||||
25 | defendant charged
with violating Section 11-501 of the Illinois | ||||||
26 | Vehicle Code or a similar
provision of a local
ordinance when |
| |||||||
| |||||||
1 | the defendant has previously been:
| ||||||
2 | (1) convicted for a violation of Section 11-501 of
the | ||||||
3 | Illinois Vehicle
Code or a similar provision of a
local | ||||||
4 | ordinance or any similar law or ordinance of another state; | ||||||
5 | or
| ||||||
6 | (2) assigned supervision for a violation of Section | ||||||
7 | 11-501 of the Illinois
Vehicle Code or a similar provision | ||||||
8 | of a local ordinance or any similar law
or ordinance of | ||||||
9 | another state; or
| ||||||
10 | (3) pleaded guilty to or stipulated to the facts | ||||||
11 | supporting
a charge or a finding of guilty to a violation | ||||||
12 | of Section 11-503 of the
Illinois Vehicle Code or a similar | ||||||
13 | provision of a local ordinance or any
similar law or | ||||||
14 | ordinance of another state, and the
plea or stipulation was | ||||||
15 | the result of a plea agreement.
| ||||||
16 | The court shall consider the statement of the prosecuting
| ||||||
17 | authority with regard to the standards set forth in this | ||||||
18 | Section.
| ||||||
19 | (e) The provisions of paragraph (c) shall not apply to a | ||||||
20 | defendant
charged with violating Section 16-25 or 16A-3 of the | ||||||
21 | Criminal Code of 1961 or the Criminal Code of 2012 if said
| ||||||
22 | defendant has within the last 5 years been:
| ||||||
23 | (1) convicted for a violation of Section 16-25 or 16A-3 | ||||||
24 | of the Criminal Code of
1961 or the Criminal Code of 2012; | ||||||
25 | or
| ||||||
26 | (2) assigned supervision for a violation of Section |
| |||||||
| |||||||
1 | 16-25 or 16A-3 of the Criminal
Code of 1961 or the Criminal | ||||||
2 | Code of 2012.
| ||||||
3 | The court shall consider the statement of the prosecuting | ||||||
4 | authority with
regard to the standards set forth in this | ||||||
5 | Section.
| ||||||
6 | (f) The provisions of paragraph (c) shall not apply to a | ||||||
7 | defendant
charged with violating Sections 15-111, 15-112, | ||||||
8 | 15-301, paragraph (b)
of Section 6-104, Section 11-605, Section | ||||||
9 | 11-1002.5, or Section 11-1414
of the Illinois Vehicle Code or a | ||||||
10 | similar provision of a local ordinance.
| ||||||
11 | (g) Except as otherwise provided in paragraph (i) of this | ||||||
12 | Section, the
provisions of paragraph (c) shall not apply to a
| ||||||
13 | defendant charged with violating Section
3-707, 3-708, 3-710, | ||||||
14 | or 5-401.3
of the Illinois Vehicle Code or a similar provision | ||||||
15 | of a local ordinance if the
defendant has within the last 5 | ||||||
16 | years been:
| ||||||
17 | (1) convicted for a violation of Section 3-707, 3-708, | ||||||
18 | 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | ||||||
19 | provision of a local
ordinance; or
| ||||||
20 | (2) assigned supervision for a violation of Section | ||||||
21 | 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle | ||||||
22 | Code or a similar provision of a local
ordinance.
| ||||||
23 | The court shall consider the statement of the prosecuting | ||||||
24 | authority with
regard to the standards set forth in this | ||||||
25 | Section.
| ||||||
26 | (h) The provisions of paragraph (c) shall not apply to a |
| |||||||
| |||||||
1 | defendant under
the age of 21 years charged with violating a | ||||||
2 | serious traffic offense as defined
in Section 1-187.001 of the | ||||||
3 | Illinois Vehicle Code:
| ||||||
4 | (1) unless the defendant, upon payment of the fines, | ||||||
5 | penalties, and costs
provided by law, agrees to attend and | ||||||
6 | successfully complete a traffic safety
program approved by | ||||||
7 | the court under standards set by the Conference of Chief
| ||||||
8 | Circuit Judges. The accused shall be responsible for | ||||||
9 | payment of any traffic
safety program fees. If the accused | ||||||
10 | fails to file a certificate of
successful completion on or | ||||||
11 | before the termination date of the supervision
order, the | ||||||
12 | supervision shall be summarily revoked and conviction | ||||||
13 | entered. The
provisions of Supreme Court Rule 402 relating | ||||||
14 | to pleas of guilty do not apply
in cases when a defendant | ||||||
15 | enters a guilty plea under this provision; or
| ||||||
16 | (2) if the defendant has previously been sentenced | ||||||
17 | under the provisions of
paragraph (c) on or after January | ||||||
18 | 1, 1998 for any serious traffic offense as
defined in | ||||||
19 | Section 1-187.001 of the Illinois Vehicle Code.
| ||||||
20 | (h-1) The provisions of paragraph (c) shall not apply to a | ||||||
21 | defendant under the age of 21 years charged with an offense | ||||||
22 | against traffic regulations governing the movement of vehicles | ||||||
23 | or any violation of Section 6-107 or Section 12-603.1 of the | ||||||
24 | Illinois Vehicle Code, unless the defendant, upon payment of | ||||||
25 | the fines, penalties, and costs provided by law, agrees to | ||||||
26 | attend and successfully complete a traffic safety program |
| |||||||
| |||||||
1 | approved by the court under standards set by the Conference of | ||||||
2 | Chief Circuit Judges. The accused shall be responsible for | ||||||
3 | payment of any traffic safety program fees. If the accused | ||||||
4 | fails to file a certificate of successful completion on or | ||||||
5 | before the termination date of the supervision order, the | ||||||
6 | supervision shall be summarily revoked and conviction entered. | ||||||
7 | The provisions of Supreme Court Rule 402 relating to pleas of | ||||||
8 | guilty do not apply in cases when a defendant enters a guilty | ||||||
9 | plea under this provision.
| ||||||
10 | (i) The provisions of paragraph (c) shall not apply to a | ||||||
11 | defendant charged
with violating Section 3-707 of the Illinois | ||||||
12 | Vehicle Code or a similar
provision of a local ordinance if the | ||||||
13 | defendant has been assigned supervision
for a violation of | ||||||
14 | Section 3-707 of the Illinois Vehicle Code or a similar
| ||||||
15 | provision of a local ordinance.
| ||||||
16 | (j) The provisions of paragraph (c) shall not apply to a
| ||||||
17 | defendant charged with violating
Section 6-303 of the Illinois | ||||||
18 | Vehicle Code or a similar provision of
a local ordinance when | ||||||
19 | the revocation or suspension was for a violation of
Section | ||||||
20 | 11-501 or a similar provision of a local ordinance or a | ||||||
21 | violation of
Section 11-501.1 or paragraph (b) of Section | ||||||
22 | 11-401 of the Illinois Vehicle
Code if the
defendant has within | ||||||
23 | the last 10 years been:
| ||||||
24 | (1) convicted for a violation of Section 6-303 of the | ||||||
25 | Illinois Vehicle
Code or a similar provision of a local | ||||||
26 | ordinance; or
|
| |||||||
| |||||||
1 | (2) assigned supervision for a violation of Section | ||||||
2 | 6-303 of the Illinois
Vehicle Code or a similar provision | ||||||
3 | of a local ordinance. | ||||||
4 | (k) The provisions of paragraph (c) shall not apply to a
| ||||||
5 | defendant charged with violating
any provision of the Illinois | ||||||
6 | Vehicle Code or a similar provision of a local ordinance that | ||||||
7 | governs the movement of vehicles if, within the 12 months | ||||||
8 | preceding the date of the defendant's arrest, the defendant has | ||||||
9 | been assigned court supervision on 2 occasions for a violation | ||||||
10 | that governs the movement of vehicles under the Illinois | ||||||
11 | Vehicle Code or a similar provision of a local ordinance.
The | ||||||
12 | provisions of this paragraph (k) do not apply to a defendant | ||||||
13 | charged with violating Section 11-501 of the Illinois Vehicle | ||||||
14 | Code or a similar provision of a local ordinance.
| ||||||
15 | (l) A defendant charged with violating any provision of the | ||||||
16 | Illinois Vehicle Code or a similar provision of a local | ||||||
17 | ordinance who receives a disposition of supervision under | ||||||
18 | subsection (c) shall pay an additional fee of $29, to be | ||||||
19 | collected as provided in Sections 27.5 and 27.6 of the Clerks | ||||||
20 | of Courts Act. In addition to the $29 fee, the person shall | ||||||
21 | also pay a fee of $6, which, if not waived by the court, shall | ||||||
22 | be collected as provided in Sections 27.5 and 27.6 of the | ||||||
23 | Clerks of Courts Act. The $29 fee shall be disbursed as | ||||||
24 | provided in Section 16-104c of the Illinois Vehicle Code. If | ||||||
25 | the $6 fee is collected, $5.50 of the fee shall be deposited | ||||||
26 | into the Circuit Court Clerk Operation and Administrative Fund |
| |||||||
| |||||||
1 | created by the Clerk of the Circuit Court and 50 cents of the | ||||||
2 | fee shall be deposited into the Prisoner Review Board Vehicle | ||||||
3 | and Equipment Fund in the State treasury.
| ||||||
4 | (m) Any person convicted of, pleading guilty to, or placed | ||||||
5 | on supervision for a serious traffic violation, as defined in | ||||||
6 | Section 1-187.001 of the Illinois Vehicle Code, a violation of | ||||||
7 | Section 11-501 of the Illinois Vehicle Code, or a violation of | ||||||
8 | a similar provision of a local ordinance shall pay an | ||||||
9 | additional fee of $35, to be disbursed as provided in Section | ||||||
10 | 16-104d of that Code. | ||||||
11 | This subsection (m) becomes inoperative on January 1, 2020 | ||||||
12 | 7 years after October 13, 2007 (the effective date of Public | ||||||
13 | Act 95-154) .
| ||||||
14 | (n)
The provisions of paragraph (c) shall not apply to any | ||||||
15 | person under the age of 18 who commits an offense against | ||||||
16 | traffic regulations governing the movement of vehicles or any | ||||||
17 | violation of Section 6-107 or Section 12-603.1 of the Illinois | ||||||
18 | Vehicle Code, except upon personal appearance of the defendant | ||||||
19 | in court and upon the written consent of the defendant's parent | ||||||
20 | or legal guardian, executed before the presiding judge. The | ||||||
21 | presiding judge shall have the authority to waive this | ||||||
22 | requirement upon the showing of good cause by the defendant.
| ||||||
23 | (o)
The provisions of paragraph (c) shall not apply to a | ||||||
24 | defendant charged with violating Section 6-303 of the Illinois | ||||||
25 | Vehicle Code or a similar provision of a local ordinance when | ||||||
26 | the suspension was for a violation of Section 11-501.1 of the |
| |||||||
| |||||||
1 | Illinois Vehicle Code and when: | ||||||
2 | (1) at the time of the violation of Section 11-501.1 of | ||||||
3 | the Illinois Vehicle Code, the defendant was a first | ||||||
4 | offender pursuant to Section 11-500 of the Illinois Vehicle | ||||||
5 | Code and the defendant failed to obtain a monitoring device | ||||||
6 | driving permit; or | ||||||
7 | (2) at the time of the violation of Section 11-501.1 of | ||||||
8 | the Illinois Vehicle Code, the defendant was a first | ||||||
9 | offender pursuant to Section 11-500 of the Illinois Vehicle | ||||||
10 | Code, had subsequently obtained a monitoring device | ||||||
11 | driving permit, but was driving a vehicle not equipped with | ||||||
12 | a breath alcohol ignition interlock device as defined in | ||||||
13 | Section 1-129.1 of the Illinois Vehicle Code.
| ||||||
14 | (p) The provisions of paragraph (c) shall not apply to a | ||||||
15 | defendant charged with violating Section 11-601.5 of the | ||||||
16 | Illinois Vehicle Code or a similar provision of a local | ||||||
17 | ordinance. | ||||||
18 | (q) The provisions of paragraph (c) shall not apply to a | ||||||
19 | defendant charged with violating subsection (b) of Section | ||||||
20 | 11-601 of the Illinois Vehicle Code when the defendant was | ||||||
21 | operating a vehicle, in an urban district, at a speed in excess | ||||||
22 | of 25 miles per hour over the posted speed limit. | ||||||
23 | (r) The provisions of paragraph (c) shall not apply to a | ||||||
24 | defendant charged with violating any provision of the Illinois | ||||||
25 | Vehicle Code or a similar provision of a local ordinance if the | ||||||
26 | violation was the proximate cause of the death of another and |
| |||||||
| |||||||
1 | the defendant's driving abstract contains a prior conviction or | ||||||
2 | disposition of court supervision for any violation of the | ||||||
3 | Illinois Vehicle Code, other than an equipment violation, or a | ||||||
4 | suspension, revocation, or cancellation of the driver's | ||||||
5 | license. | ||||||
6 | (Source: P.A. 97-333, eff. 8-12-11; 97-597, eff. 1-1-12; | ||||||
7 | 97-831, eff. 7-1-13; 97-1108, eff. 1-1-13; 97-1150, eff. | ||||||
8 | 1-25-13; 98-169, eff. 1-1-14.)
| ||||||
9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law.
|