Sen. Gary Forby

Filed: 5/26/2016

 

 


 

 


 
09900HB3136sam001LRB099 06124 RLC 49290 a

1
AMENDMENT TO HOUSE BILL 3136

2    AMENDMENT NO. ______. Amend House Bill 3136 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Unified Code of Corrections is amended by
5changing Section 5-9-1 as follows:
 
6    (730 ILCS 5/5-9-1)  (from Ch. 38, par. 1005-9-1)
7    Sec. 5-9-1. Authorized fines.
8    (a) An offender may be sentenced to pay a fine as provided
9in Article 4.5 of Chapter V.
10    (b) (Blank.)
11    (c) There shall be added to every fine imposed in
12sentencing for a criminal or traffic offense, except an offense
13relating to parking or registration, or offense by a
14pedestrian, an additional penalty of $15 for each $40, or
15fraction thereof, of fine imposed for violations other than
16violations of Section 15-111 of the Illinois Vehicle Code; $15

 

 

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1for the first $330, or fraction thereof, of fine imposed for a
2violation of Section 15-111 of the Illinois Vehicle Code and
3$10 for each subsequent $40, or fraction thereof, of fine
4imposed for violation of Section 15-111 of the Illinois Vehicle
5Code, following the initial $15 surcharge for the first $330 of
6fine imposed. The additional penalty under this subsection (c)
7of $15 for each $40, or fraction thereof, of fine imposed, if
8not otherwise assessed, shall also be added to every fine
9imposed upon a plea of guilty, stipulation of facts or findings
10of guilty, resulting in a judgment of conviction, or order of
11supervision in criminal, traffic, local ordinance, county
12ordinance, and conservation cases (except parking,
13registration, or pedestrian violations), or upon a sentence of
14probation without entry of judgment under Section 10 of the
15Cannabis Control Act, Section 410 of the Illinois Controlled
16Substances Act, or Section 70 of the Methamphetamine Control
17and Community Protection Act.
18    Such additional amounts shall be assessed by the court
19imposing the fine and shall be collected by the Circuit Clerk
20in addition to the fine and costs in the case. Each such
21additional penalty shall be remitted by the Circuit Clerk
22within one month after receipt to the State Treasurer. The
23State Treasurer shall deposit $1 for each $40, or fraction
24thereof, of fine imposed into the LEADS Maintenance Fund. The
25State Treasurer shall deposit $3 for each $40, or fraction
26thereof, of fine imposed into the Law Enforcement Camera Grant

 

 

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1Fund. The remaining surcharge amount shall be deposited into
2the Traffic and Criminal Conviction Surcharge Fund, unless the
3fine, costs or additional amounts are subject to disbursement
4by the circuit clerk under Section 27.5 of the Clerks of Courts
5Act. Such additional penalty shall not be considered a part of
6the fine for purposes of any reduction in the fine for time
7served either before or after sentencing. Not later than March
81 of each year the Circuit Clerk shall submit a report of the
9amount of funds remitted to the State Treasurer under this
10subsection (c) during the preceding calendar year. Except as
11otherwise provided by Supreme Court Rules, if a court in
12imposing a fine against an offender levies a gross amount for
13fine, costs, fees and penalties, the amount of the additional
14penalty provided for herein shall be computed on the amount
15remaining after deducting from the gross amount levied all fees
16of the Circuit Clerk, the State's Attorney and the Sheriff.
17After deducting from the gross amount levied the fees and
18additional penalty provided for herein, less any other
19additional penalties provided by law, the clerk shall remit the
20net balance remaining to the entity authorized by law to
21receive the fine imposed in the case. For purposes of this
22Section "fees of the Circuit Clerk" shall include, if
23applicable, the fee provided for under Section 27.3a of the
24Clerks of Courts Act and the fee, if applicable, payable to the
25county in which the violation occurred pursuant to Section
265-1101 of the Counties Code.

 

 

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1    (c-5) In addition to the fines imposed by subsection (c),
2any person convicted or receiving an order of supervision for
3driving under the influence of alcohol or drugs shall pay an
4additional $100 fee to the clerk. This additional fee, less 2
51/2% that shall be used to defray administrative costs incurred
6by the clerk, shall be remitted by the clerk to the Treasurer
7within 60 days after receipt for deposit into the Trauma Center
8Fund. This additional fee of $100 shall not be considered a
9part of the fine for purposes of any reduction in the fine for
10time served either before or after sentencing. Not later than
11March 1 of each year the Circuit Clerk shall submit a report of
12the amount of funds remitted to the State Treasurer under this
13subsection (c-5) during the preceding calendar year.
14    The Circuit Clerk may accept payment of fines and costs by
15credit card from an offender who has been convicted of a
16traffic offense, petty offense or misdemeanor and may charge
17the service fee permitted where fines and costs are paid by
18credit card provided for in Section 27.3b of the Clerks of
19Courts Act.
20    (c-7) In addition to the fines imposed by subsection (c),
21any person convicted or receiving an order of supervision for
22driving under the influence of alcohol or drugs shall pay an
23additional $5 fee to the clerk. This additional fee, less 2
241/2% that shall be used to defray administrative costs incurred
25by the clerk, shall be remitted by the clerk to the Treasurer
26within 60 days after receipt for deposit into the Spinal Cord

 

 

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1Injury Paralysis Cure Research Trust Fund. This additional fee
2of $5 shall not be considered a part of the fine for purposes
3of any reduction in the fine for time served either before or
4after sentencing. Not later than March 1 of each year the
5Circuit Clerk shall submit a report of the amount of funds
6remitted to the State Treasurer under this subsection (c-7)
7during the preceding calendar year.
8    (c-9) (Blank).
9    (d) In determining the amount and method of payment of a
10fine, except for those fines established for violations of
11Chapter 15 of the Illinois Vehicle Code, the court shall
12consider:
13        (1) the financial resources and future ability of the
14    offender to pay the fine; and
15        (2) whether the fine will prevent the offender from
16    making court ordered restitution or reparation to the
17    victim of the offense; and
18        (3) in a case where the accused is a dissolved
19    corporation and the court has appointed counsel to
20    represent the corporation, the costs incurred either by the
21    county or the State for such representation.
22    (e) The court may order the fine to be paid forthwith or
23within a specified period of time or in installments.
24    (f) All fines, costs and additional amounts imposed under
25this Section for any violation of Chapters 3, 4, 6, and 11 of
26the Illinois Vehicle Code, or a similar provision of a local

 

 

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1ordinance, and any violation of the Child Passenger Protection
2Act, or a similar provision of a local ordinance, shall be
3collected and disbursed by the circuit clerk as provided under
4Section 27.5 of the Clerks of Courts Act.
5(Source: P.A. 99-352, eff. 1-1-16.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".