Sen. Toi W. Hutchinson

Filed: 4/3/2014

 

 


 

 


 
09800SB3558sam002LRB098 20002 JLK 57988 a

1
AMENDMENT TO SENATE BILL 3558

2    AMENDMENT NO. ______. Amend Senate Bill 3558, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The State Finance Act is amended by adding
6Section 5.855 as follows:
 
7    (30 ILCS 105/5.855 new)
8    Sec. 5.855. The Specialized Services for Survivors of Human
9Trafficking Fund.
 
10    Section 10. The Clerks of Courts Act is amended by changing
11Section 27.6 as follows:
 
12    (705 ILCS 105/27.6)
13    (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625,
1496-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, and

 

 

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197-1150)
2    Sec. 27.6. (a) All fees, fines, costs, additional
3penalties, bail balances assessed or forfeited, and any other
4amount paid by a person to the circuit clerk equalling an
5amount of $55 or more, except the fine imposed by Section
65-9-1.15 of the Unified Code of Corrections, the additional fee
7required by subsections (b) and (c), restitution under Section
85-5-6 of the Unified Code of Corrections, contributions to a
9local anti-crime program ordered pursuant to Section
105-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
11Corrections, reimbursement for the costs of an emergency
12response as provided under Section 11-501 of the Illinois
13Vehicle Code, any fees collected for attending a traffic safety
14program under paragraph (c) of Supreme Court Rule 529, any fee
15collected on behalf of a State's Attorney under Section 4-2002
16of the Counties Code or a sheriff under Section 4-5001 of the
17Counties Code, or any cost imposed under Section 124A-5 of the
18Code of Criminal Procedure of 1963, for convictions, orders of
19supervision, or any other disposition for a violation of
20Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
21similar provision of a local ordinance, and any violation of
22the Child Passenger Protection Act, or a similar provision of a
23local ordinance, and except as otherwise provided in this
24Section shall be disbursed within 60 days after receipt by the
25circuit clerk as follows: 44.5% shall be disbursed to the
26entity authorized by law to receive the fine imposed in the

 

 

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1case; 16.825% shall be disbursed to the State Treasurer; and
238.675% shall be disbursed to the county's general corporate
3fund. Of the 16.825% disbursed to the State Treasurer, 2/17
4shall be deposited by the State Treasurer into the Violent
5Crime Victims Assistance Fund, 5.052/17 shall be deposited into
6the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
7be deposited into the Drivers Education Fund, and 6.948/17
8shall be deposited into the Trauma Center Fund. Of the 6.948/17
9deposited into the Trauma Center Fund from the 16.825%
10disbursed to the State Treasurer, 50% shall be disbursed to the
11Department of Public Health and 50% shall be disbursed to the
12Department of Healthcare and Family Services. For fiscal year
131993, amounts deposited into the Violent Crime Victims
14Assistance Fund, the Traffic and Criminal Conviction Surcharge
15Fund, or the Drivers Education Fund shall not exceed 110% of
16the amounts deposited into those funds in fiscal year 1991. Any
17amount that exceeds the 110% limit shall be distributed as
18follows: 50% shall be disbursed to the county's general
19corporate fund and 50% shall be disbursed to the entity
20authorized by law to receive the fine imposed in the case. Not
21later than March 1 of each year the circuit clerk shall submit
22a report of the amount of funds remitted to the State Treasurer
23under this Section during the preceding year based upon
24independent verification of fines and fees. All counties shall
25be subject to this Section, except that counties with a
26population under 2,000,000 may, by ordinance, elect not to be

 

 

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1subject to this Section. For offenses subject to this Section,
2judges shall impose one total sum of money payable for
3violations. The circuit clerk may add on no additional amounts
4except for amounts that are required by Sections 27.3a and
527.3c of this Act, unless those amounts are specifically waived
6by the judge. With respect to money collected by the circuit
7clerk as a result of forfeiture of bail, ex parte judgment or
8guilty plea pursuant to Supreme Court Rule 529, the circuit
9clerk shall first deduct and pay amounts required by Sections
1027.3a and 27.3c of this Act. This Section is a denial and
11limitation of home rule powers and functions under subsection
12(h) of Section 6 of Article VII of the Illinois Constitution.
13    (b) In addition to any other fines and court costs assessed
14by the courts, any person convicted or receiving an order of
15supervision for driving under the influence of alcohol or drugs
16shall pay an additional fee of $100 to the clerk of the circuit
17court. This amount, less 2 1/2% that shall be used to defray
18administrative costs incurred by the clerk, shall be remitted
19by the clerk to the Treasurer within 60 days after receipt for
20deposit into the Trauma Center Fund. This additional fee of
21$100 shall not be considered a part of the fine for purposes of
22any reduction in the fine for time served either before or
23after sentencing. Not later than March 1 of each year the
24Circuit Clerk shall submit a report of the amount of funds
25remitted to the State Treasurer under this subsection during
26the preceding calendar year.

 

 

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1    (b-1) In addition to any other fines and court costs
2assessed by the courts, any person convicted or receiving an
3order of supervision for driving under the influence of alcohol
4or drugs shall pay an additional fee of $5 to the clerk of the
5circuit court. This amount, less 2 1/2% that shall be used to
6defray administrative costs incurred by the clerk, shall be
7remitted by the clerk to the Treasurer within 60 days after
8receipt for deposit into the Spinal Cord Injury Paralysis Cure
9Research Trust Fund. This additional fee of $5 shall not be
10considered a part of the fine for purposes of any reduction in
11the fine for time served either before or after sentencing. Not
12later than March 1 of each year the Circuit Clerk shall submit
13a report of the amount of funds remitted to the State Treasurer
14under this subsection during the preceding calendar year.
15    (c) In addition to any other fines and court costs assessed
16by the courts, any person convicted for a violation of Sections
1724-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or the
18Criminal Code of 2012 or a person sentenced for a violation of
19the Cannabis Control Act, the Illinois Controlled Substances
20Act, or the Methamphetamine Control and Community Protection
21Act shall pay an additional fee of $100 to the clerk of the
22circuit court. This amount, less 2 1/2% that shall be used to
23defray administrative costs incurred by the clerk, shall be
24remitted by the clerk to the Treasurer within 60 days after
25receipt for deposit into the Trauma Center Fund. This
26additional fee of $100 shall not be considered a part of the

 

 

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1fine for purposes of any reduction in the fine for time served
2either before or after sentencing. Not later than March 1 of
3each year the Circuit Clerk shall submit a report of the amount
4of funds remitted to the State Treasurer under this subsection
5during the preceding calendar year.
6    (c-1) In addition to any other fines and court costs
7assessed by the courts, any person sentenced for a violation of
8the Cannabis Control Act, the Illinois Controlled Substances
9Act, or the Methamphetamine Control and Community Protection
10Act shall pay an additional fee of $5 to the clerk of the
11circuit court. This amount, less 2 1/2% that shall be used to
12defray administrative costs incurred by the clerk, shall be
13remitted by the clerk to the Treasurer within 60 days after
14receipt for deposit into the Spinal Cord Injury Paralysis Cure
15Research Trust Fund. This additional fee of $5 shall not be
16considered a part of the fine for purposes of any reduction in
17the fine for time served either before or after sentencing. Not
18later than March 1 of each year the Circuit Clerk shall submit
19a report of the amount of funds remitted to the State Treasurer
20under this subsection during the preceding calendar year.
21    (d) The following amounts must be remitted to the State
22Treasurer for deposit into the Illinois Animal Abuse Fund:
23        (1) 50% of the amounts collected for felony offenses
24    under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
25    5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
26    Animals Act and Section 26-5 or 48-1 of the Criminal Code

 

 

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1    of 1961 or the Criminal Code of 2012;
2        (2) 20% of the amounts collected for Class A and Class
3    B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
4    5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
5    for Animals Act and Section 26-5 or 48-1 of the Criminal
6    Code of 1961 or the Criminal Code of 2012; and
7        (3) 50% of the amounts collected for Class C
8    misdemeanors under Sections 4.01 and 7.1 of the Humane Care
9    for Animals Act and Section 26-5 or 48-1 of the Criminal
10    Code of 1961 or the Criminal Code of 2012.
11    (e) Any person who receives a disposition of court
12supervision for a violation of the Illinois Vehicle Code or a
13similar provision of a local ordinance shall, in addition to
14any other fines, fees, and court costs, pay an additional fee
15of $29, to be disbursed as provided in Section 16-104c of the
16Illinois Vehicle Code. In addition to the fee of $29, the
17person shall also pay a fee of $6, if not waived by the court.
18If this $6 fee is collected, $5.50 of the fee shall be
19deposited into the Circuit Court Clerk Operation and
20Administrative Fund created by the Clerk of the Circuit Court
21and 50 cents of the fee shall be deposited into the Prisoner
22Review Board Vehicle and Equipment Fund in the State treasury.
23    (f) This Section does not apply to the additional child
24pornography fines assessed and collected under Section
255-9-1.14 of the Unified Code of Corrections.
26    (g) (Blank).

 

 

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1    (h) (Blank).
2    (i) Of the amounts collected as fines under subsection (b)
3of Section 3-712 of the Illinois Vehicle Code, 99% shall be
4deposited into the Illinois Military Family Relief Fund and 1%
5shall be deposited into the Circuit Court Clerk Operation and
6Administrative Fund created by the Clerk of the Circuit Court
7to be used to offset the costs incurred by the Circuit Court
8Clerk in performing the additional duties required to collect
9and disburse funds to entities of State and local government as
10provided by law.
11    (j) Any person convicted of, pleading guilty to, or placed
12on supervision for a serious traffic violation, as defined in
13Section 1-187.001 of the Illinois Vehicle Code, a violation of
14Section 11-501 of the Illinois Vehicle Code, or a violation of
15a similar provision of a local ordinance shall pay an
16additional fee of $35, to be disbursed as provided in Section
1716-104d of that Code.
18    This subsection (j) becomes inoperative 7 years after the
19effective date of Public Act 95-154.
20    (k) For any conviction or disposition of court supervision
21for a violation of Section 11-1429 of the Illinois Vehicle
22Code, the circuit clerk shall distribute the fines paid by the
23person as specified by subsection (h) of Section 11-1429 of the
24Illinois Vehicle Code.
25    (l) Any person who receives a disposition of court
26supervision for a violation of Section 11-501 of the Illinois

 

 

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1Vehicle Code or a similar provision of a local ordinance shall,
2in addition to any other fines, fees, and court costs, pay an
3additional fee of $50, which shall be collected by the circuit
4clerk and then remitted to the State Treasurer for deposit into
5the Roadside Memorial Fund, a special fund in the State
6treasury. However, the court may waive the fee if full
7restitution is complied with. Subject to appropriation, all
8moneys in the Roadside Memorial Fund shall be used by the
9Department of Transportation to pay fees imposed under
10subsection (f) of Section 20 of the Roadside Memorial Act. The
11fee shall be remitted by the circuit clerk within one month
12after receipt to the State Treasurer for deposit into the
13Roadside Memorial Fund.
14    (m) Of the amounts collected as fines under subsection (c)
15of Section 411.4 of the Illinois Controlled Substances Act or
16subsection (c) of Section 90 of the Methamphetamine Control and
17Community Protection Act, 99% shall be deposited to the law
18enforcement agency or fund specified and 1% shall be deposited
19into the Circuit Court Clerk Operation and Administrative Fund
20to be used to offset the costs incurred by the Circuit Court
21Clerk in performing the additional duties required to collect
22and disburse funds to entities of State and local government as
23provided by law.
24    (n) In addition to any other fines and court costs assessed
25by the courts, any person who is convicted of or pleads guilty
26to a violation of the Criminal Code of 1961 or the Criminal

 

 

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1Code of 2012, or a similar provision of a local ordinance, or
2who is convicted of, pleads guilty to, or receives a
3disposition of court supervision for a violation of the
4Illinois Vehicle Code, or a similar provision of a local
5ordinance, shall pay an additional fee of $15 to the clerk of
6the circuit court. This additional fee of $15 shall not be
7considered a part of the fine for purposes of any reduction in
8the fine for time served either before or after sentencing.
9This amount, less 2.5% that shall be used to defray
10administrative costs incurred by the clerk, shall be remitted
11by the clerk to the State Treasurer within 60 days after
12receipt for deposit into the State Police Merit Board Public
13Safety Fund.
14    (o) The amounts collected as fines under Sections 10-9,
1511-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall
16be collected by the circuit clerk and distributed as provided
17under Section 5-9-1.21 of the Unified Code of Corrections in
18lieu of any disbursement under subsection (a) of this Section.
19(Source: P.A. 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428,
20eff. 8-24-07; 95-600, eff. 6-1-08; 95-876, eff. 8-21-08;
2196-286, eff. 8-11-09; 96-576, eff. 8-18-09; 96-578, eff.
228-18-09; 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-1175,
23eff. 9-20-10; 96-1342, eff. 1-1-11; 97-1051, eff. 1-1-13;
2497-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
25    (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667,

 

 

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196-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, and
297-1150)
3    Sec. 27.6. (a) All fees, fines, costs, additional
4penalties, bail balances assessed or forfeited, and any other
5amount paid by a person to the circuit clerk equalling an
6amount of $55 or more, except the fine imposed by Section
75-9-1.15 of the Unified Code of Corrections, the additional fee
8required by subsections (b) and (c), restitution under Section
95-5-6 of the Unified Code of Corrections, contributions to a
10local anti-crime program ordered pursuant to Section
115-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
12Corrections, reimbursement for the costs of an emergency
13response as provided under Section 11-501 of the Illinois
14Vehicle Code, any fees collected for attending a traffic safety
15program under paragraph (c) of Supreme Court Rule 529, any fee
16collected on behalf of a State's Attorney under Section 4-2002
17of the Counties Code or a sheriff under Section 4-5001 of the
18Counties Code, or any cost imposed under Section 124A-5 of the
19Code of Criminal Procedure of 1963, for convictions, orders of
20supervision, or any other disposition for a violation of
21Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
22similar provision of a local ordinance, and any violation of
23the Child Passenger Protection Act, or a similar provision of a
24local ordinance, and except as otherwise provided in this
25Section shall be disbursed within 60 days after receipt by the
26circuit clerk as follows: 44.5% shall be disbursed to the

 

 

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1entity authorized by law to receive the fine imposed in the
2case; 16.825% shall be disbursed to the State Treasurer; and
338.675% shall be disbursed to the county's general corporate
4fund. Of the 16.825% disbursed to the State Treasurer, 2/17
5shall be deposited by the State Treasurer into the Violent
6Crime Victims Assistance Fund, 5.052/17 shall be deposited into
7the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
8be deposited into the Drivers Education Fund, and 6.948/17
9shall be deposited into the Trauma Center Fund. Of the 6.948/17
10deposited into the Trauma Center Fund from the 16.825%
11disbursed to the State Treasurer, 50% shall be disbursed to the
12Department of Public Health and 50% shall be disbursed to the
13Department of Healthcare and Family Services. For fiscal year
141993, amounts deposited into the Violent Crime Victims
15Assistance Fund, the Traffic and Criminal Conviction Surcharge
16Fund, or the Drivers Education Fund shall not exceed 110% of
17the amounts deposited into those funds in fiscal year 1991. Any
18amount that exceeds the 110% limit shall be distributed as
19follows: 50% shall be disbursed to the county's general
20corporate fund and 50% shall be disbursed to the entity
21authorized by law to receive the fine imposed in the case. Not
22later than March 1 of each year the circuit clerk shall submit
23a report of the amount of funds remitted to the State Treasurer
24under this Section during the preceding year based upon
25independent verification of fines and fees. All counties shall
26be subject to this Section, except that counties with a

 

 

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1population under 2,000,000 may, by ordinance, elect not to be
2subject to this Section. For offenses subject to this Section,
3judges shall impose one total sum of money payable for
4violations. The circuit clerk may add on no additional amounts
5except for amounts that are required by Sections 27.3a and
627.3c of this Act, Section 16-104c of the Illinois Vehicle
7Code, and subsection (a) of Section 5-1101 of the Counties
8Code, unless those amounts are specifically waived by the
9judge. With respect to money collected by the circuit clerk as
10a result of forfeiture of bail, ex parte judgment or guilty
11plea pursuant to Supreme Court Rule 529, the circuit clerk
12shall first deduct and pay amounts required by Sections 27.3a
13and 27.3c of this Act. Unless a court ordered payment schedule
14is implemented or fee requirements are waived pursuant to court
15order, the clerk of the court may add to any unpaid fees and
16costs a delinquency amount equal to 5% of the unpaid fees that
17remain unpaid after 30 days, 10% of the unpaid fees that remain
18unpaid after 60 days, and 15% of the unpaid fees that remain
19unpaid after 90 days. Notice to those parties may be made by
20signage posting or publication. The additional delinquency
21amounts collected under this Section shall be deposited in the
22Circuit Court Clerk Operation and Administrative Fund to be
23used to defray administrative costs incurred by the circuit
24clerk in performing the duties required to collect and disburse
25funds. This Section is a denial and limitation of home rule
26powers and functions under subsection (h) of Section 6 of

 

 

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1Article VII of the Illinois Constitution.
2    (b) In addition to any other fines and court costs assessed
3by the courts, any person convicted or receiving an order of
4supervision for driving under the influence of alcohol or drugs
5shall pay an additional fee of $100 to the clerk of the circuit
6court. This amount, less 2 1/2% that shall be used to defray
7administrative costs incurred by the clerk, shall be remitted
8by the clerk to the Treasurer within 60 days after receipt for
9deposit into the Trauma Center Fund. This additional fee of
10$100 shall not be considered a part of the fine for purposes of
11any reduction in the fine for time served either before or
12after sentencing. Not later than March 1 of each year the
13Circuit Clerk shall submit a report of the amount of funds
14remitted to the State Treasurer under this subsection during
15the preceding calendar year.
16    (b-1) In addition to any other fines and court costs
17assessed by the courts, any person convicted or receiving an
18order of supervision for driving under the influence of alcohol
19or drugs shall pay an additional fee of $5 to the clerk of the
20circuit court. This amount, less 2 1/2% that shall be used to
21defray administrative costs incurred by the clerk, shall be
22remitted by the clerk to the Treasurer within 60 days after
23receipt for deposit into the Spinal Cord Injury Paralysis Cure
24Research Trust Fund. This additional fee of $5 shall not be
25considered a part of the fine for purposes of any reduction in
26the fine for time served either before or after sentencing. Not

 

 

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1later than March 1 of each year the Circuit Clerk shall submit
2a report of the amount of funds remitted to the State Treasurer
3under this subsection during the preceding calendar year.
4    (c) In addition to any other fines and court costs assessed
5by the courts, any person convicted for a violation of Sections
624-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or the
7Criminal Code of 2012 or a person sentenced for a violation of
8the Cannabis Control Act, the Illinois Controlled Substances
9Act, or the Methamphetamine Control and Community Protection
10Act shall pay an additional fee of $100 to the clerk of the
11circuit court. This amount, less 2 1/2% that shall be used to
12defray administrative costs incurred by the clerk, shall be
13remitted by the clerk to the Treasurer within 60 days after
14receipt for deposit into the Trauma Center Fund. This
15additional fee of $100 shall not be considered a part of the
16fine for purposes of any reduction in the fine for time served
17either before or after sentencing. Not later than March 1 of
18each year the Circuit Clerk shall submit a report of the amount
19of funds remitted to the State Treasurer under this subsection
20during the preceding calendar year.
21    (c-1) In addition to any other fines and court costs
22assessed by the courts, any person sentenced for a violation of
23the Cannabis Control Act, the Illinois Controlled Substances
24Act, or the Methamphetamine Control and Community Protection
25Act shall pay an additional fee of $5 to the clerk of the
26circuit court. This amount, less 2 1/2% that shall be used to

 

 

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1defray administrative costs incurred by the clerk, shall be
2remitted by the clerk to the Treasurer within 60 days after
3receipt for deposit into the Spinal Cord Injury Paralysis Cure
4Research Trust Fund. This additional fee of $5 shall not be
5considered a part of the fine for purposes of any reduction in
6the fine for time served either before or after sentencing. Not
7later than March 1 of each year the Circuit Clerk shall submit
8a report of the amount of funds remitted to the State Treasurer
9under this subsection during the preceding calendar year.
10    (d) The following amounts must be remitted to the State
11Treasurer for deposit into the Illinois Animal Abuse Fund:
12        (1) 50% of the amounts collected for felony offenses
13    under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
14    5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
15    Animals Act and Section 26-5 or 48-1 of the Criminal Code
16    of 1961 or the Criminal Code of 2012;
17        (2) 20% of the amounts collected for Class A and Class
18    B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
19    5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
20    for Animals Act and Section 26-5 or 48-1 of the Criminal
21    Code of 1961 or the Criminal Code of 2012; and
22        (3) 50% of the amounts collected for Class C
23    misdemeanors under Sections 4.01 and 7.1 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.
26    (e) Any person who receives a disposition of court

 

 

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1supervision for a violation of the Illinois Vehicle Code or a
2similar provision of a local ordinance shall, in addition to
3any other fines, fees, and court costs, pay an additional fee
4of $29, to be disbursed as provided in Section 16-104c of the
5Illinois Vehicle Code. In addition to the fee of $29, the
6person shall also pay a fee of $6, if not waived by the court.
7If this $6 fee is collected, $5.50 of the fee shall be
8deposited into the Circuit Court Clerk Operation and
9Administrative Fund created by the Clerk of the Circuit Court
10and 50 cents of the fee shall be deposited into the Prisoner
11Review Board Vehicle and Equipment Fund in the State treasury.
12    (f) This Section does not apply to the additional child
13pornography fines assessed and collected under Section
145-9-1.14 of the Unified Code of Corrections.
15    (g) Any person convicted of or pleading guilty to a serious
16traffic violation, as defined in Section 1-187.001 of the
17Illinois Vehicle Code, shall pay an additional fee of $35, to
18be disbursed as provided in Section 16-104d of that Code. This
19subsection (g) becomes inoperative 7 years after the effective
20date of Public Act 95-154.
21    (h) In all counties having a population of 3,000,000 or
22more inhabitants,
23        (1) A person who is found guilty of or pleads guilty to
24    violating subsection (a) of Section 11-501 of the Illinois
25    Vehicle Code, including any person placed on court
26    supervision for violating subsection (a), shall be fined

 

 

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1    $750 as provided for by subsection (f) of Section 11-501.01
2    of the Illinois Vehicle Code, payable to the circuit clerk,
3    who shall distribute the money pursuant to subsection (f)
4    of Section 11-501.01 of the Illinois Vehicle Code.
5        (2) When a crime laboratory DUI analysis fee of $150,
6    provided for by Section 5-9-1.9 of the Unified Code of
7    Corrections is assessed, it shall be disbursed by the
8    circuit clerk as provided by subsection (f) of Section
9    5-9-1.9 of the Unified Code of Corrections.
10        (3) When a fine for a violation of Section 11-605.1 of
11    the Illinois Vehicle Code is $250 or greater, the person
12    who violated that Section shall be charged an additional
13    $125 as provided for by subsection (e) of Section 11-605.1
14    of the Illinois Vehicle Code, which shall be disbursed by
15    the circuit clerk to a State or county Transportation
16    Safety Highway Hire-back Fund as provided by subsection (e)
17    of Section 11-605.1 of the Illinois Vehicle Code.
18        (4) When a fine for a violation of subsection (a) of
19    Section 11-605 of the Illinois Vehicle Code is $150 or
20    greater, the additional $50 which is charged as provided
21    for by subsection (f) of Section 11-605 of the Illinois
22    Vehicle Code shall be disbursed by the circuit clerk to a
23    school district or districts for school safety purposes as
24    provided by subsection (f) of Section 11-605.
25        (5) When a fine for a violation of subsection (a) of
26    Section 11-1002.5 of the Illinois Vehicle Code is $150 or

 

 

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1    greater, the additional $50 which is charged as provided
2    for by subsection (c) of Section 11-1002.5 of the Illinois
3    Vehicle Code shall be disbursed by the circuit clerk to a
4    school district or districts for school safety purposes as
5    provided by subsection (c) of Section 11-1002.5 of the
6    Illinois Vehicle Code.
7        (6) When a mandatory drug court fee of up to $5 is
8    assessed as provided in subsection (f) of Section 5-1101 of
9    the Counties Code, it shall be disbursed by the circuit
10    clerk as provided in subsection (f) of Section 5-1101 of
11    the Counties Code.
12        (7) When a mandatory teen court, peer jury, youth
13    court, or other youth diversion program fee is assessed as
14    provided in subsection (e) of Section 5-1101 of the
15    Counties Code, it shall be disbursed by the circuit clerk
16    as provided in subsection (e) of Section 5-1101 of the
17    Counties Code.
18        (8) When a Children's Advocacy Center fee is assessed
19    pursuant to subsection (f-5) of Section 5-1101 of the
20    Counties Code, it shall be disbursed by the circuit clerk
21    as provided in subsection (f-5) of Section 5-1101 of the
22    Counties Code.
23        (9) When a victim impact panel fee is assessed pursuant
24    to subsection (b) of Section 11-501.01 of the Vehicle Code,
25    it shall be disbursed by the circuit clerk to the victim
26    impact panel to be attended by the defendant.

 

 

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1        (10) When a new fee collected in traffic cases is
2    enacted after the effective date of this subsection (h), it
3    shall be excluded from the percentage disbursement
4    provisions of this Section unless otherwise indicated by
5    law.
6    (i) Of the amounts collected as fines under subsection (b)
7of Section 3-712 of the Illinois Vehicle Code, 99% shall be
8deposited into the Illinois Military Family Relief Fund and 1%
9shall be deposited into the Circuit Court Clerk Operation and
10Administrative Fund created by the Clerk of the Circuit Court
11to be used to offset the costs incurred by the Circuit Court
12Clerk in performing the additional duties required to collect
13and disburse funds to entities of State and local government as
14provided by law.
15    (j) (Blank).
16    (k) For any conviction or disposition of court supervision
17for a violation of Section 11-1429 of the Illinois Vehicle
18Code, the circuit clerk shall distribute the fines paid by the
19person as specified by subsection (h) of Section 11-1429 of the
20Illinois Vehicle Code.
21    (l) Any person who receives a disposition of court
22supervision for a violation of Section 11-501 of the Illinois
23Vehicle Code or a similar provision of a local ordinance shall,
24in addition to any other fines, fees, and court costs, pay an
25additional fee of $50, which shall be collected by the circuit
26clerk and then remitted to the State Treasurer for deposit into

 

 

09800SB3558sam002- 21 -LRB098 20002 JLK 57988 a

1the Roadside Memorial Fund, a special fund in the State
2treasury. However, the court may waive the fee if full
3restitution is complied with. Subject to appropriation, all
4moneys in the Roadside Memorial Fund shall be used by the
5Department of Transportation to pay fees imposed under
6subsection (f) of Section 20 of the Roadside Memorial Act. The
7fee shall be remitted by the circuit clerk within one month
8after receipt to the State Treasurer for deposit into the
9Roadside Memorial Fund.
10    (m) Of the amounts collected as fines under subsection (c)
11of Section 411.4 of the Illinois Controlled Substances Act or
12subsection (c) of Section 90 of the Methamphetamine Control and
13Community Protection Act, 99% shall be deposited to the law
14enforcement agency or fund specified and 1% shall be deposited
15into the Circuit Court Clerk Operation and Administrative Fund
16to be used to offset the costs incurred by the Circuit Court
17Clerk in performing the additional duties required to collect
18and disburse funds to entities of State and local government as
19provided by law.
20    (n) In addition to any other fines and court costs assessed
21by the courts, any person who is convicted of or pleads guilty
22to a violation of the Criminal Code of 1961 or the Criminal
23Code of 2012, or a similar provision of a local ordinance, or
24who is convicted of, pleads guilty to, or receives a
25disposition of court supervision for a violation of the
26Illinois Vehicle Code, or a similar provision of a local

 

 

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1ordinance, shall pay an additional fee of $15 to the clerk of
2the circuit court. This additional fee of $15 shall not be
3considered a part of the fine for purposes of any reduction in
4the fine for time served either before or after sentencing.
5This amount, less 2.5% that shall be used to defray
6administrative costs incurred by the clerk, shall be remitted
7by the clerk to the State Treasurer within 60 days after
8receipt for deposit into the State Police Merit Board Public
9Safety Fund.
10    (o) The amounts collected as fines under Sections 10-9,
1111-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall
12be collected by the circuit clerk and distributed as provided
13under Section 5-9-1.21 of the Unified Code of Corrections in
14lieu of any disbursement under subsection (a) of this Section.
15(Source: P.A. 96-576, eff. 8-18-09; 96-578, eff. 8-18-09;
1696-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-735, eff. 1-1-10;
1796-1175, eff. 9-20-10; 96-1342, eff. 1-1-11; 97-434, eff.
181-1-12; 97-1051, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1150,
19eff. 1-25-13.)
 
20    Section 15. The Criminal Code of 2012 is amended by
21changing Sections 10-9, 11-14.1, 11-14.3, 11-18, and 36.5-5 as
22follows:
 
23    (720 ILCS 5/10-9)
24    Sec. 10-9. Trafficking in persons, involuntary servitude,

 

 

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1and related offenses.
2    (a) Definitions. In this Section:
3        (1) "Intimidation" has the meaning prescribed in
4    Section 12-6.
5        (2) "Commercial sexual activity" means any sex act on
6    account of which anything of value is given, promised to,
7    or received by any person.
8        (3) "Financial harm" includes intimidation that brings
9    about financial loss, criminal usury, or employment
10    contracts that violate the Frauds Act.
11        (4) (Blank). "
12        (5) "Labor" means work of economic or financial value.
13        (6) "Maintain" means, in relation to labor or services,
14    to secure continued performance thereof, regardless of any
15    initial agreement on the part of the victim to perform that
16    type of service.
17        (7) "Obtain" means, in relation to labor or services,
18    to secure performance thereof.
19        (7.5) "Serious harm" means any harm, whether physical
20    or nonphysical, including psychological, financial, or
21    reputational harm, that is sufficiently serious, under all
22    the surrounding circumstances, to compel a reasonable
23    person of the same background and in the same circumstances
24    to perform or to continue performing labor or services in
25    order to avoid incurring that harm.
26        (8) "Services" means activities resulting from a

 

 

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1    relationship between a person and the actor in which the
2    person performs activities under the supervision of or for
3    the benefit of the actor. Commercial sexual activity and
4    sexually-explicit performances are forms of activities
5    that are "services" under this Section. Nothing in this
6    definition may be construed to legitimize or legalize
7    prostitution.
8        (9) "Sexually-explicit performance" means a live,
9    recorded, broadcast (including over the Internet), or
10    public act or show intended to arouse or satisfy the sexual
11    desires or appeal to the prurient interests of patrons.
12        (10) "Trafficking victim" means a person subjected to
13    the practices set forth in subsection (b), (c), or (d).
14    (b) Involuntary servitude. A person commits involuntary
15servitude when he or she knowingly subjects, attempts to
16subject, or engages in a conspiracy to subject another person
17to labor or services obtained or maintained through any of the
18following means, or any combination of these means:
19        (1) causes or threatens to cause physical harm to any
20    person;
21        (2) physically restrains or threatens to physically
22    restrain another person;
23        (3) abuses or threatens to abuse the law or legal
24    process;
25        (4) knowingly destroys, conceals, removes,
26    confiscates, or possesses any actual or purported passport

 

 

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1    or other immigration document, or any other actual or
2    purported government identification document, of another
3    person;
4        (5) uses intimidation, or exerts financial control
5    over any person; or
6        (6) uses any scheme, plan, or pattern intended to cause
7    the person to believe that, if the person did not perform
8    the labor or services, that person or another person would
9    suffer serious harm or physical restraint.
10    Sentence. Except as otherwise provided in subsection (e) or
11(f), a violation of subsection (b)(1) is a Class X felony,
12(b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4)
13is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony.
14    (c) Involuntary sexual servitude of a minor. A person
15commits involuntary sexual servitude of a minor when he or she
16knowingly recruits, entices, harbors, transports, provides, or
17obtains by any means, or attempts to recruit, entice, harbor,
18provide, or obtain by any means, another person under 18 years
19of age, knowing that the minor will engage in commercial sexual
20activity, a sexually-explicit performance, or the production
21of pornography, or causes or attempts to cause a minor to
22engage in one or more of those activities and:
23        (1) there is no overt force or threat and the minor is
24    between the ages of 17 and 18 years;
25        (2) there is no overt force or threat and the minor is
26    under the age of 17 years; or

 

 

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1        (3) there is overt force or threat.
2    Sentence. Except as otherwise provided in subsection (e) or
3(f), a violation of subsection (c)(1) is a Class 1 felony,
4(c)(2) is a Class X felony, and (c)(3) is a Class X felony.
5    (d) Trafficking in persons. A person commits trafficking in
6persons when he or she knowingly: (1) recruits, entices,
7harbors, transports, provides, or obtains by any means, or
8attempts to recruit, entice, harbor, transport, provide, or
9obtain by any means, another person, intending or knowing that
10the person will be subjected to involuntary servitude; or (2)
11benefits, financially or by receiving anything of value, from
12participation in a venture that has engaged in an act of
13involuntary servitude or involuntary sexual servitude of a
14minor.
15    Sentence. Except as otherwise provided in subsection (e) or
16(f), a violation of this subsection is a Class 1 felony.
17    (e) Aggravating factors. A violation of this Section
18involving kidnapping or an attempt to kidnap, aggravated
19criminal sexual assault or an attempt to commit aggravated
20criminal sexual assault, or an attempt to commit first degree
21murder is a Class X felony.
22    (f) Sentencing considerations.
23        (1) Bodily injury. If, pursuant to a violation of this
24    Section, a victim suffered bodily injury, the defendant may
25    be sentenced to an extended-term sentence under Section
26    5-8-2 of the Unified Code of Corrections. The sentencing

 

 

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1    court must take into account the time in which the victim
2    was held in servitude, with increased penalties for cases
3    in which the victim was held for between 180 days and one
4    year, and increased penalties for cases in which the victim
5    was held for more than one year.
6        (2) Number of victims. In determining sentences within
7    statutory maximums, the sentencing court should take into
8    account the number of victims, and may provide for
9    substantially increased sentences in cases involving more
10    than 10 victims.
11    (g) Restitution. Restitution is mandatory under this
12Section. In addition to any other amount of loss identified,
13the court shall order restitution including the greater of (1)
14the gross income or value to the defendant of the victim's
15labor or services or (2) the value of the victim's labor as
16guaranteed under the Minimum Wage Law and overtime provisions
17of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law,
18whichever is greater.
19    (g-5) Fine distribution. If the court imposes a fine under
20subsection (b), (c), or (d) of this Section, it shall be
21collected and distributed to the Specialized Services for
22Survivors of Human Trafficking Fund in accordance with Section
235-9-1.21 of the Unified Code of Corrections.
24    (h) Trafficking victim services. Subject to the
25availability of funds, the Department of Human Services may
26provide or fund emergency services and assistance to

 

 

09800SB3558sam002- 28 -LRB098 20002 JLK 57988 a

1individuals who are victims of one or more offenses defined in
2this Section.
3    (i) Certification. The Attorney General, a State's
4Attorney, or any law enforcement official shall certify in
5writing to the United States Department of Justice or other
6federal agency, such as the United States Department of
7Homeland Security, that an investigation or prosecution under
8this Section has begun and the individual who is a likely
9victim of a crime described in this Section is willing to
10cooperate or is cooperating with the investigation to enable
11the individual, if eligible under federal law, to qualify for
12an appropriate special immigrant visa and to access available
13federal benefits. Cooperation with law enforcement shall not be
14required of victims of a crime described in this Section who
15are under 18 years of age. This certification shall be made
16available to the victim and his or her designated legal
17representative.
18    (j) A person who commits involuntary servitude,
19involuntary sexual servitude of a minor, or trafficking in
20persons under subsection (b), (c), or (d) of this Section is
21subject to the property forfeiture provisions set forth in
22Article 124B of the Code of Criminal Procedure of 1963.
23(Source: P.A. 96-710, eff. 1-1-10; incorporates 96-712, eff.
241-1-10; 96-1000, eff. 7-2-10; 97-897, eff. 1-1-13; revised
2511-12-13.)
 

 

 

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1    (720 ILCS 5/11-14.1)
2    Sec. 11-14.1. Solicitation of a sexual act.
3    (a) Any person who offers a person not his or her spouse
4any money, property, token, object, or article or anything of
5value for that person or any other person not his or her spouse
6to perform any act of sexual penetration as defined in Section
711-0.1 of this Code, or any touching or fondling of the sex
8organs of one person by another person for the purpose of
9sexual arousal or gratification, commits solicitation of a
10sexual act.
11    (b) Sentence. Solicitation of a sexual act is a Class A
12misdemeanor. Solicitation of a sexual act from a person who is
13under the age of 18 or who is severely or profoundly
14intellectually disabled is a Class 4 felony. If the court
15imposes a fine under this subsection (b), it shall be collected
16and distributed to the Specialized Services for Survivors of
17Human Trafficking Fund in accordance with Section 5-9-1.21 of
18the Unified Code of Corrections.
19    (b-5) It is an affirmative defense to a charge of
20solicitation of a sexual act with a person who is under the age
21of 18 or who is severely or profoundly intellectually disabled
22that the accused reasonably believed the person was of the age
23of 18 years or over or was not a severely or profoundly
24intellectually disabled person at the time of the act giving
25rise to the charge.
26    (c) This Section does not apply to a person engaged in

 

 

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1prostitution who is under 18 years of age.
2    (d) A person cannot be convicted under this Section if the
3practice of prostitution underlying the offense consists
4exclusively of the accused's own acts of prostitution under
5Section 11-14 of this Code.
6(Source: P.A. 96-1464, eff. 8-20-10; 96-1551, eff. 7-1-11;
797-227, eff. 1-1-12; 97-1109, eff. 1-1-13.)
 
8    (720 ILCS 5/11-14.3)
9    Sec. 11-14.3. Promoting prostitution.
10    (a) Any person who knowingly performs any of the following
11acts commits promoting prostitution:
12        (1) advances prostitution as defined in Section
13    11-0.1;
14        (2) profits from prostitution by:
15            (A) compelling a person to become a prostitute;
16            (B) arranging or offering to arrange a situation in
17        which a person may practice prostitution; or
18            (C) any means other than those described in
19        subparagraph (A) or (B), including from a person who
20        patronizes a prostitute. This paragraph (C) does not
21        apply to a person engaged in prostitution who is under
22        18 years of age. A person cannot be convicted of
23        promoting prostitution under this paragraph (C) if the
24        practice of prostitution underlying the offense
25        consists exclusively of the accused's own acts of

 

 

09800SB3558sam002- 31 -LRB098 20002 JLK 57988 a

1        prostitution under Section 11-14 of this Code.
2    (b) Sentence.
3        (1) A violation of subdivision (a)(1) is a Class 4
4    felony, unless committed within 1,000 feet of real property
5    comprising a school, in which case it is a Class 3 felony.
6    A second or subsequent violation of subdivision (a)(1), or
7    any combination of convictions under subdivision (a)(1),
8    (a)(2)(A), or (a)(2)(B) and Section 11-14 (prostitution),
9    11-14.1 (solicitation of a sexual act), 11-14.4 (promoting
10    juvenile prostitution), 11-15 (soliciting for a
11    prostitute), 11-15.1 (soliciting for a juvenile
12    prostitute), 11-16 (pandering), 11-17 (keeping a place of
13    prostitution), 11-17.1 (keeping a place of juvenile
14    prostitution), 11-18 (patronizing a prostitute), 11-18.1
15    (patronizing a juvenile prostitute), 11-19 (pimping),
16    11-19.1 (juvenile pimping or aggravated juvenile pimping),
17    or 11-19.2 (exploitation of a child), is a Class 3 felony.
18        (2) A violation of subdivision (a)(2)(A) or (a)(2)(B)
19    is a Class 4 felony, unless committed within 1,000 feet of
20    real property comprising a school, in which case it is a
21    Class 3 felony.
22        (3) A violation of subdivision (a)(2)(C) is a Class 4
23    felony, unless committed within 1,000 feet of real property
24    comprising a school, in which case it is a Class 3 felony.
25    A second or subsequent violation of subdivision (a)(2)(C),
26    or any combination of convictions under subdivision

 

 

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1    (a)(2)(C) and subdivision (a)(1), (a)(2)(A), or (a)(2)(B)
2    of this Section (promoting prostitution), 11-14
3    (prostitution), 11-14.1 (solicitation of a sexual act),
4    11-14.4 (promoting juvenile prostitution), 11-15
5    (soliciting for a prostitute), 11-15.1 (soliciting for a
6    juvenile prostitute), 11-16 (pandering), 11-17 (keeping a
7    place of prostitution), 11-17.1 (keeping a place of
8    juvenile prostitution), 11-18 (patronizing a prostitute),
9    11-18.1 (patronizing a juvenile prostitute), 11-19
10    (pimping), 11-19.1 (juvenile pimping or aggravated
11    juvenile pimping), or 11-19.2 (exploitation of a child), is
12    a Class 3 felony.
13    If the court imposes a fine under this subsection (b), it
14shall be collected and distributed to the Specialized Services
15for Survivors of Human Trafficking Fund in accordance with
16Section 5-9-1.21 of the Unified Code of Corrections.
17(Source: P.A. 96-1551, eff. 7-1-11.)
 
18    (720 ILCS 5/11-18)  (from Ch. 38, par. 11-18)
19    Sec. 11-18. Patronizing a prostitute.
20    (a) Any person who knowingly performs any of the following
21acts with a person not his or her spouse commits patronizing a
22prostitute:
23        (1) Engages in an act of sexual penetration as defined
24    in Section 11-0.1 of this Code with a prostitute; or
25        (2) Enters or remains in a place of prostitution with

 

 

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1    intent to engage in an act of sexual penetration as defined
2    in Section 11-0.1 of this Code; or
3        (3) Engages in any touching or fondling with a
4    prostitute of the sex organs of one person by the other
5    person, with the intent to achieve sexual arousal or
6    gratification.
7    (b) Sentence.
8    Patronizing a prostitute is a Class 4 felony, unless
9committed within 1,000 feet of real property comprising a
10school, in which case it is a Class 3 felony. A person
11convicted of a second or subsequent violation of this Section,
12or of any combination of such number of convictions under this
13Section and Sections 11-14 (prostitution), 11-14.1
14(solicitation of a sexual act), 11-14.3 (promoting
15prostitution), 11-14.4 (promoting juvenile prostitution),
1611-15 (soliciting for a prostitute), 11-15.1 (soliciting for a
17juvenile prostitute), 11-16 (pandering), 11-17 (keeping a
18place of prostitution), 11-17.1 (keeping a place of juvenile
19prostitution), 11-18.1 (patronizing a juvenile prostitute),
2011-19 (pimping), 11-19.1 (juvenile pimping or aggravated
21juvenile pimping), or 11-19.2 (exploitation of a child) of this
22Code, is guilty of a Class 3 felony. If the court imposes a
23fine under this subsection (b), it shall be collected and
24distributed to the Specialized Services for Survivors of Human
25Trafficking Fund in accordance with Section 5-9-1.21 of the
26Unified Code of Corrections.

 

 

09800SB3558sam002- 34 -LRB098 20002 JLK 57988 a

1    (c) (Blank).
2(Source: P.A. 96-1464, eff. 8-20-10; 96-1551, eff. 7-1-11.)
 
3    (720 ILCS 5/36.5-5)
4    Sec. 36.5-5. Vehicle impoundment.
5    (a) In addition to any other penalty, fee or forfeiture
6provided by law, a peace officer who arrests a person for a
7violation of Section 10-9, 11-14, 11-14.1, 11-14.3, 11-14.4,
811-18, or 11-18.1 of this Code or related municipal ordinance,
9may tow and impound any vehicle used by the person in the
10commission of the violation. The person arrested for one or
11more such violations shall be charged a $1,000 fee, to be paid
12to the law enforcement agency that made the arrest or its
13designated representative. The person may recover the vehicle
14from the impound after a minimum of 2 hours after arrest upon
15payment of the fee.
16    (b) $500 of the fee shall be distributed to the law
17enforcement agency whose peace officers made the arrest, for
18the costs incurred by the law enforcement agency to investigate
19and to tow and impound the vehicle. Upon the defendant's
20conviction of one or more of the violations in connection with
21which the vehicle was impounded and the fee imposed under this
22Section, the remaining $500 of the fee shall be deposited into
23the Specialized Services for Survivors of Human Trafficking
24Fund and disbursed in accordance with subsections (d), (e), and
25(f) of Section 5-9-1.21 of the Unified Code of Corrections. DHS

 

 

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1State Projects Fund and shall be used by the Department of
2Human Services to make grants to non-governmental
3organizations to provide services for persons encountered
4during the course of an investigation into any violation of
5Section 10-9, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15,
611-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19,
711-19.1, or 11-19.2 of this Code, provided such persons
8constitute prostituted persons or other victims of human
9trafficking.
10    (c) Upon the presentation by the defendant of a signed
11court order showing that the defendant has been acquitted of
12all of the violations in connection with which a vehicle was
13impounded and a fee imposed under this Section, or that the
14charges against the defendant for those violations have been
15dismissed, the law enforcement agency shall refund the $1,000
16fee to the defendant.
17(Source: P.A. 96-1551, eff. 7-1-11; incorporates 96-1503, eff.
181-27-11, and 97-333, eff. 8-12-11; 97-897, eff. 1-1-13;
1997-1109, eff. 1-1-13; 98-463, eff. 8-16-13.)
 
20    Section 20. The Code of Criminal Procedure of 1963 is
21amended by changing Sections 124B-300, 124B-305, and 124B-500
22as follows:
 
23    (725 ILCS 5/124B-300)
24    Sec. 124B-300. Persons and property subject to forfeiture.

 

 

09800SB3558sam002- 36 -LRB098 20002 JLK 57988 a

1A person who commits the offense of involuntary servitude,
2involuntary servitude of a minor, or trafficking of persons for
3forced labor or services under Section 10A-10 or Section 10-9
4of the Criminal Code of 1961 or the Criminal Code of 2012,
5promoting juvenile prostitution, keeping a place of juvenile
6prostitution, or promoting prostitution that involves keeping
7a place of prostitution under subsection (a)(1) or (a)(4) of
8Section 11-14.4 or under Section 11-14.3, 11-17.1, or 11-19.2
9of the Criminal Code of 1961 or of the Criminal Code of 2012
10shall forfeit to the State of Illinois any profits or proceeds
11and any property he or she has acquired or maintained in
12violation of Section 10A-10 or Section 10-9 of the Criminal
13Code of 1961 or the Criminal Code of 2012, promoting juvenile
14prostitution, keeping a place of juvenile prostitution, or
15promoting prostitution that involves keeping a place of
16prostitution under subsection (a)(1) or (a)(4) of Section
1711-14.4 or under Section 11-14.3, 11-17.1, or 11-19.2 of the
18Criminal Code of 1961 or of the Criminal Code of 2012 that the
19sentencing court determines, after a forfeiture hearing under
20this Article, to have been acquired or maintained as a result
21of maintaining a person in involuntary servitude or
22participating in trafficking of persons for forced labor or
23services.
24(Source: P.A. 96-712, eff. 1-1-10; 97-1150, eff. 1-25-13.)
 
25    (725 ILCS 5/124B-305)

 

 

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1    Sec. 124B-305. Distribution of property and sale proceeds.
2All moneys and the sale proceeds of all other property
3forfeited and seized under this Part 300 shall be distributed
4as follows:
5        (1) 45% 50% shall be divided equally between all State
6    agencies and units of local government whose officers or
7    employees conducted the investigation or initiated the
8    hearing that resulted in the forfeiture.
9        (2) 50% shall be deposited into the Specialized
10    Services for Survivors of Human Trafficking Fund and
11    disbursed in accordance with subsections (d), (e), and (f)
12    of Section 5-9-1.21 of the Unified Code of Corrections DHS
13    State Projects Fund and targeted to services for victims of
14    the offenses of involuntary servitude, involuntary sexual
15    servitude of a minor, and trafficking in persons.
16        (3) 5% shall be paid to the Office of the State's
17    Attorneys Appellate Prosecutor to train State's Attorneys
18    on forfeiture proceedings and topics related to human
19    trafficking.
20(Source: P.A. 96-712, eff. 1-1-10; 97-897, eff. 1-1-13.)
 
21    (725 ILCS 5/124B-500)
22    Sec. 124B-500. Persons and property subject to forfeiture.
23A person who commits the offense of promoting juvenile
24prostitution, keeping a place of juvenile prostitution,
25exploitation of a child, child pornography, or aggravated child

 

 

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1pornography under subdivision (a)(1) or (a)(4) of Section
211-14.4 or under Section 11-17.1, 11-19.2, 11-20.1, 11-20.1B,
3or 11-20.3 of the Criminal Code of 1961 or the Criminal Code of
42012 shall forfeit the following property to the State of
5Illinois:
6        (1) Any profits or proceeds and any property the person
7    has acquired or maintained in violation of subdivision
8    (a)(1) or (a)(4) of Section 11-14.4 or in violation of
9    Section 11-17.1, 11-19.2, 11-20.1, 11-20.1B, or 11-20.3 of
10    the Criminal Code of 1961 or the Criminal Code of 2012 that
11    the sentencing court determines, after a forfeiture
12    hearing under this Article, to have been acquired or
13    maintained as a result of keeping a place of juvenile
14    prostitution, exploitation of a child, child pornography,
15    or aggravated child pornography.
16        (2) Any interest in, securities of, claim against, or
17    property or contractual right of any kind affording a
18    source of influence over any enterprise that the person has
19    established, operated, controlled, or conducted in
20    violation of subdivision (a)(1) or (a)(4) of Section
21    11-14.4 or in violation of Section 11-17.1, 11-19.2,
22    11-20.1, 11-20.1B, or 11-20.3 of the Criminal Code of 1961
23    or the Criminal Code of 2012 that the sentencing court
24    determines, after a forfeiture hearing under this Article,
25    to have been acquired or maintained as a result of keeping
26    a place of juvenile prostitution, exploitation of a child,

 

 

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1    child pornography, or aggravated child pornography.
2        (3) Any computer that contains a depiction of child
3    pornography in any encoded or decoded format in violation
4    of Section 11-20.1, 11-20.1B, or 11-20.3 of the Criminal
5    Code of 1961 or the Criminal Code of 2012. For purposes of
6    this paragraph (3), "computer" has the meaning ascribed to
7    it in Section 17-0.5 of the Criminal Code of 2012.
8(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11;
997-1150, eff. 1-25-13.)
 
10    Section 25. The Unified Code of Corrections is amended by
11adding Section 5-9-1.21 as follows:
 
12    (730 ILCS 5/5-9-1.21 new)
13    Sec. 5-9-1.21. Specialized Services for Survivors of Human
14Trafficking Fund.
15    (a) There is created in the State treasury a Specialized
16Services for Survivors of Human Trafficking Fund. Moneys
17deposited into the Fund under this Section shall be available
18for the Department of Human Services for the purposes in this
19Section.
20    (b) Each plea of guilty, stipulation of facts, or finding
21of guilt resulting in a judgment of conviction or order of
22supervision for an offense under Section 10-9, 11-14.1,
2311-14.3, or 11-18 of the Criminal Code of 2012 that results in
24the imposition of a fine shall have a portion of that fine

 

 

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1deposited into the Specialized Services for Survivors of Human
2Trafficking Fund.
3    (c) If imposed, the fine shall be collected by the circuit
4court clerk in addition to any other imposed fee. The circuit
5court clerk shall retain $50 to cover the costs in
6administering and enforcing this Section. The circuit court
7clerk shall remit the remainder of the fine within one month of
8its receipt as follows:
9        (1) $300 shall be distributed equally between all State
10    law enforcement agencies whose officers or employees
11    conducted the investigation or prosecution that resulted
12    in the finding of guilt; and
13        (2) the remainder of the fine shall be remitted to the
14    Department of Human Services for deposit into the
15    Specialized Services for Survivors of Human Trafficking
16    Fund.
17    (d) Upon appropriation of moneys from the Specialized
18Services for Survivors of Human Trafficking Fund, the
19Department of Human Services shall use these moneys to make
20grants to non-governmental organizations to provide
21specialized, trauma-informed services specifically designed to
22address the priority service needs associated with
23prostitution and human trafficking. Priority services include,
24but are not limited to, community based drop-in centers,
25emergency housing, and long-term safe homes. The Department
26shall consult with prostitution and human trafficking

 

 

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1advocates, survivors, and service providers to identify
2priority service needs in their respective communities.
3    (e) Grants made under this Section are in addition to, and
4not substitutes for, other grants authorized and made by the
5Department.
6    (f) Notwithstanding any other law to the contrary, the
7Specialized Services for Survivors of Human Trafficking Fund is
8not subject to sweeps, administrative charge-backs, or any
9other fiscal maneuver that would in any way transfer any
10amounts from the Specialized Services for Survivors of Human
11Trafficking Fund into any other fund of the State.".