99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB6184

 

Introduced 2/11/2016, by Rep. Michael P. McAuliffe

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2610/7.2
625 ILCS 5/16-104f new
705 ILCS 105/27.6
730 ILCS 5/5-9-1.22 new

    Amends the State Police Act, the Clerks of Courts Act, the Illinois Vehicle Code, and the Unified Code of Corrections. Provides that any person who is convicted of, or receives a disposition of court supervision for a violation of the Illinois Vehicle Code, or Criminal Code of 1961 or Criminal Code of 2012, the court shall impose an additional fine of $15 payable to the clerk of the circuit court. Such an additional penalty shall not be considered a part of the fine for purposes of any reduction made in the fine for time served, either before or after sentencing. The amount shall be remitted to the State Treasurer within 60 days after receipt for deposit into the State Police Merit Board Public Safety Fund for distribution for expenses of the Board for the administration and conduct of all its programs for State police personnel. Of this fine, 2.5% shall be deposited into the Circuit Court Clerk Operation and Administration Fund to be used to offset the costs incurred by the circuit court clerk in performing the additional duties required to collect and disburse funds.


LRB099 18929 SLF 43317 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB6184LRB099 18929 SLF 43317 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Police Act is amended by changing
5Section 7.2 as follows:
 
6    (20 ILCS 2610/7.2)
7    Sec. 7.2. State Police Merit Board Public Safety Fund.
8    (a) A special fund in the State treasury is hereby created
9which shall be known as the State Police Merit Board Public
10Safety Fund. The Fund shall be used by the State Police Merit
11Board to provide a cadet program for State Police personnel and
12to meet all costs associated with the functions of the State
13Police Merit Board. Notwithstanding any other law to the
14contrary, the State Police Merit Board Public Safety Fund is
15not subject to sweeps, administrative charge-backs, or any
16other fiscal or budgetary maneuver that would in any way
17transfer any amounts from the State Police Merit Board Public
18Safety Fund into any other fund of the State.
19    (b) The Fund may receive State appropriations, gifts,
20grants, and federal funds and shall include earnings from the
21investment of moneys in the Fund.
22    (c) The administration of this Fund shall be the
23responsibility of the State Police Merit Board. The Board shall

 

 

HB6184- 2 -LRB099 18929 SLF 43317 b

1establish terms and conditions for the operation of the Fund.
2The Board shall establish and implement fiscal controls and
3accounting periods for programs operated using the Fund. All
4fees or moneys received by the State Treasurer under subsection
5(n) of Section 27.6 of the Clerks of Courts Act shall be
6deposited into the Fund. Such an additional penalty shall not
7be considered a part of the fine for purposes of any reduction
8the fine for time served, either before or after sentencing.
9The moneys deposited in the State Police Merit Board Public
10Safety Fund shall be appropriated, on a continuing basis, to
11the State Police Merit Board for expenses of the Board for the
12administration and conduct of all its programs for State Police
13personnel.
14(Source: P.A. 97-1051, eff. 1-1-13.)
 
15    Section 10. The Illinois Vehicle Code is amended by adding
16Section 16-104f as follows:
 
17    (625 ILCS 5/16-104f new)
18    Sec. 16-104f. Amounts for State Police Merit Board Public
19Safety Fund. In counties that have elected not to distribute
20moneys under the disbursement formulas in Sections 27.5 and
2127.6 of the Clerks of Courts Act, the court shall impose a fine
22of $15, in addition to any other fines and court costs
23assessed, for any person who is convicted, or receives a
24disposition of court supervision for a violation of this Code,

 

 

HB6184- 3 -LRB099 18929 SLF 43317 b

1or a similar provision of a local ordinance. This additional
2fine of $15 shall be payable to the clerk of the circuit court
3and shall not be considered a part of the fine for purposes of
4any reduction in the fine for time served, either before or
5after sentencing. This amount shall be remitted by the clerk to
6the State Treasurer within 60 days after receipt for deposit in
7to the State Merit Board Public Safety Fund for distribution as
8provided under Section 7.2 of the State Police Act. Of the
9fine, 2.5% shall be deposited into the Circuit Court Operation
10and Administration fund created by the clerk of the circuit
11court to be used to offset the costs incurred by the circuit
12court clerk in performing the additional duties required to
13collect and disburse funds as provided by law.
 
14    Section 15. The Clerks of Courts Act is amended by changing
15Section 27.6 as follows:
 
16    (705 ILCS 105/27.6)
17    (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625,
1896-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150,
1998-658, 98-1013, 99-78, and 99-455)
20    Sec. 27.6. (a) All fees, fines, costs, additional
21penalties, bail balances assessed or forfeited, and any other
22amount paid by a person to the circuit clerk equalling an
23amount of $55 or more, except the fine imposed by Section
245-9-1.15 of the Unified Code of Corrections, the additional fee

 

 

HB6184- 4 -LRB099 18929 SLF 43317 b

1required by subsections (b) and (c), restitution under Section
25-5-6 of the Unified Code of Corrections, contributions to a
3local anti-crime program ordered pursuant to Section
45-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
5Corrections, reimbursement for the costs of an emergency
6response as provided under Section 11-501 of the Illinois
7Vehicle Code, any fees collected for attending a traffic safety
8program under paragraph (c) of Supreme Court Rule 529, any fee
9collected on behalf of a State's Attorney under Section 4-2002
10of the Counties Code or a sheriff under Section 4-5001 of the
11Counties Code, or any cost imposed under Section 124A-5 of the
12Code of Criminal Procedure of 1963, for convictions, orders of
13supervision, or any other disposition for a violation of
14Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
15similar provision of a local ordinance, and any violation of
16the Child Passenger Protection Act, or a similar provision of a
17local ordinance, and except as otherwise provided in this
18Section shall be disbursed within 60 days after receipt by the
19circuit clerk as follows: 44.5% shall be disbursed to the
20entity authorized by law to receive the fine imposed in the
21case; 16.825% shall be disbursed to the State Treasurer; and
2238.675% shall be disbursed to the county's general corporate
23fund. Of the 16.825% disbursed to the State Treasurer, 2/17
24shall be deposited by the State Treasurer into the Violent
25Crime Victims Assistance Fund, 5.052/17 shall be deposited into
26the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall

 

 

HB6184- 5 -LRB099 18929 SLF 43317 b

1be deposited into the Drivers Education Fund, and 6.948/17
2shall be deposited into the Trauma Center Fund. Of the 6.948/17
3deposited into the Trauma Center Fund from the 16.825%
4disbursed to the State Treasurer, 50% shall be disbursed to the
5Department of Public Health and 50% shall be disbursed to the
6Department of Healthcare and Family Services. For fiscal year
71993, amounts deposited into the Violent Crime Victims
8Assistance Fund, the Traffic and Criminal Conviction Surcharge
9Fund, or the Drivers Education Fund shall not exceed 110% of
10the amounts deposited into those funds in fiscal year 1991. Any
11amount that exceeds the 110% limit shall be distributed as
12follows: 50% shall be disbursed to the county's general
13corporate fund and 50% shall be disbursed to the entity
14authorized by law to receive the fine imposed in the case. Not
15later than March 1 of each year the circuit clerk shall submit
16a report of the amount of funds remitted to the State Treasurer
17under this Section during the preceding year based upon
18independent verification of fines and fees. All counties shall
19be subject to this Section, except that counties with a
20population under 2,000,000 may, by ordinance, elect not to be
21subject to this Section. For offenses subject to this Section,
22judges shall impose one total sum of money payable for
23violations. The circuit clerk may add on no additional amounts
24except for amounts that are required by Sections 27.3a and
2527.3c of this Act, unless those amounts are specifically waived
26by the judge. With respect to money collected by the circuit

 

 

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1clerk as a result of forfeiture of bail, ex parte judgment or
2guilty plea pursuant to Supreme Court Rule 529, the circuit
3clerk shall first deduct and pay amounts required by Sections
427.3a and 27.3c of this Act. This Section is a denial and
5limitation of home rule powers and functions under subsection
6(h) of Section 6 of Article VII of the Illinois Constitution.
7    (b) In addition to any other fines and court costs assessed
8by the courts, any person convicted or receiving an order of
9supervision for driving under the influence of alcohol or drugs
10shall pay an additional fee of $100 to the clerk of the circuit
11court. This amount, less 2 1/2% that shall be used to defray
12administrative costs incurred by the clerk, shall be remitted
13by the clerk to the Treasurer within 60 days after receipt for
14deposit into the Trauma Center Fund. This additional fee of
15$100 shall not be considered a part of the fine for purposes of
16any reduction in the fine for time served either before or
17after sentencing. Not later than March 1 of each year the
18Circuit Clerk shall submit a report of the amount of funds
19remitted to the State Treasurer under this subsection during
20the preceding calendar year.
21    (b-1) In addition to any other fines and court costs
22assessed by the courts, any person convicted or receiving an
23order of supervision for driving under the influence of alcohol
24or drugs shall pay an additional fee of $5 to the clerk of the
25circuit court. This amount, less 2 1/2% that shall be used to
26defray administrative costs incurred by the clerk, shall be

 

 

HB6184- 7 -LRB099 18929 SLF 43317 b

1remitted by the clerk to the Treasurer within 60 days after
2receipt for deposit into the Spinal Cord Injury Paralysis Cure
3Research Trust Fund. This additional fee of $5 shall not be
4considered a part of the fine for purposes of any reduction in
5the fine for time served either before or after sentencing. Not
6later than March 1 of each year the Circuit Clerk shall submit
7a report of the amount of funds remitted to the State Treasurer
8under this subsection during the preceding calendar year.
9    (c) In addition to any other fines and court costs assessed
10by the courts, any person convicted for a violation of Sections
1124-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or the
12Criminal Code of 2012 or a person sentenced for a violation of
13the Cannabis Control Act, the Illinois Controlled Substances
14Act, or the Methamphetamine Control and Community Protection
15Act shall pay an additional fee of $100 to the clerk of the
16circuit court. This amount, less 2 1/2% that shall be used to
17defray administrative costs incurred by the clerk, shall be
18remitted by the clerk to the Treasurer within 60 days after
19receipt for deposit into the Trauma Center Fund. This
20additional fee of $100 shall not be considered a part of the
21fine for purposes of any reduction in the fine for time served
22either before or after sentencing. Not later than March 1 of
23each year the Circuit Clerk shall submit a report of the amount
24of funds remitted to the State Treasurer under this subsection
25during the preceding calendar year.
26    (c-1) In addition to any other fines and court costs

 

 

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1assessed by the courts, any person sentenced for a violation of
2the Cannabis Control Act, the Illinois Controlled Substances
3Act, or the Methamphetamine Control and Community Protection
4Act 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    (d) The following amounts must be remitted to the State
16Treasurer for deposit into the Illinois Animal Abuse Fund:
17        (1) 50% of the amounts collected for felony offenses
18    under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
19    5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
20    Animals Act and Section 26-5 or 48-1 of the Criminal Code
21    of 1961 or the Criminal Code of 2012;
22        (2) 20% of the amounts collected for Class A and Class
23    B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
24    5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
25    for Animals Act and Section 26-5 or 48-1 of the Criminal
26    Code of 1961 or the Criminal Code of 2012; and

 

 

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1        (3) 50% of the amounts collected for Class C
2    misdemeanors under Sections 4.01 and 7.1 of the Humane Care
3    for Animals Act and Section 26-5 or 48-1 of the Criminal
4    Code of 1961 or the Criminal Code of 2012.
5    (e) Any person who receives a disposition of court
6supervision for a violation of the Illinois Vehicle Code or a
7similar provision of a local ordinance shall, in addition to
8any other fines, fees, and court costs, pay an additional fee
9of $29, to be disbursed as provided in Section 16-104c of the
10Illinois Vehicle Code. In addition to the fee of $29, the
11person shall also pay a fee of $6, if not waived by the court.
12If this $6 fee is collected, $5.50 of the fee shall be
13deposited into the Circuit Court Clerk Operation and
14Administrative Fund created by the Clerk of the Circuit Court
15and 50 cents of the fee shall be deposited into the Prisoner
16Review Board Vehicle and Equipment Fund in the State treasury.
17    (f) This Section does not apply to the additional child
18pornography fines assessed and collected under Section
195-9-1.14 of the Unified Code of Corrections.
20    (g) (Blank).
21    (h) (Blank).
22    (i) Of the amounts collected as fines under subsection (b)
23of Section 3-712 of the Illinois Vehicle Code, 99% shall be
24deposited into the Illinois Military Family Relief Fund and 1%
25shall be deposited into the Circuit Court Clerk Operation and
26Administrative Fund created by the Clerk of the Circuit Court

 

 

HB6184- 10 -LRB099 18929 SLF 43317 b

1to be used to offset the costs incurred by the Circuit Court
2Clerk in performing the additional duties required to collect
3and disburse funds to entities of State and local government as
4provided by law.
5    (j) Any person convicted of, pleading guilty to, or placed
6on supervision for a serious traffic violation, as defined in
7Section 1-187.001 of the Illinois Vehicle Code, a violation of
8Section 11-501 of the Illinois Vehicle Code, or a violation of
9a similar provision of a local ordinance shall pay an
10additional fee of $35, to be disbursed as provided in Section
1116-104d of that Code.
12    This subsection (j) becomes inoperative on January 1, 2020.
13    (k) For any conviction or disposition of court supervision
14for a violation of Section 11-1429 of the Illinois Vehicle
15Code, the circuit clerk shall distribute the fines paid by the
16person as specified by subsection (h) of Section 11-1429 of the
17Illinois Vehicle Code.
18    (l) Any person who receives a disposition of court
19supervision for a violation of Section 11-501 of the Illinois
20Vehicle Code or a similar provision of a local ordinance shall,
21in addition to any other fines, fees, and court costs, pay an
22additional fee of $50, which shall be collected by the circuit
23clerk and then remitted to the State Treasurer for deposit into
24the Roadside Memorial Fund, a special fund in the State
25treasury. However, the court may waive the fee if full
26restitution is complied with. Subject to appropriation, all

 

 

HB6184- 11 -LRB099 18929 SLF 43317 b

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

 

 

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1of $15 shall not be considered a part of the fine for purposes
2of any reduction in the fine for time served either before or
3after sentencing. This amount, less 2.5% that shall be used to
4defray administrative costs incurred by the clerk, shall be
5remitted by the clerk to the State Treasurer within 60 days
6after receipt for deposit into the State Police Merit Board
7Public Safety Fund for distribution as provided under Section
87.2 of the State Police Act. Of this fine, 2.5% shall be
9deposited into the Circuit Court Clerk Operation and
10Administration 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 as provided by law.
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    (p) In addition to any other fees and penalties imposed,
20any person who is convicted of or pleads guilty to a violation
21of Section 20-1 or Section 20-1.1 of the Criminal Code of 2012
22shall pay an additional fee of $250 to the clerk of the circuit
23court. This additional fee of $250 shall not be considered a
24part of the fine for purposes of any reduction in the fine for
25time served either before or after sentencing. This amount,
26less 2.5% that shall be used to defray administrative costs

 

 

HB6184- 13 -LRB099 18929 SLF 43317 b

1incurred by the clerk, shall be remitted by the clerk to the
2Department of Insurance within 60 days after receipt for
3deposit into the George Bailey Memorial Fund.
4(Source: P.A. 98-658, eff. 6-23-14; 98-1013, eff. 1-1-15;
599-78, eff. 7-20-15; 99-455, eff. 1-1-16.)
 
6    (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667,
796-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150,
898-658, 98-1013, 99-78, and 99-455)
9    Sec. 27.6. (a) All fees, fines, costs, additional
10penalties, bail balances assessed or forfeited, and any other
11amount paid by a person to the circuit clerk equalling an
12amount of $55 or more, except the fine imposed by Section
135-9-1.15 of the Unified Code of Corrections, the additional fee
14required by subsections (b) and (c), restitution under Section
155-5-6 of the Unified Code of Corrections, contributions to a
16local anti-crime program ordered pursuant to Section
175-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
18Corrections, reimbursement for the costs of an emergency
19response as provided under Section 11-501 of the Illinois
20Vehicle Code, any fees collected for attending a traffic safety
21program under paragraph (c) of Supreme Court Rule 529, any fee
22collected on behalf of a State's Attorney under Section 4-2002
23of the Counties Code or a sheriff under Section 4-5001 of the
24Counties Code, or any cost imposed under Section 124A-5 of the
25Code of Criminal Procedure of 1963, for convictions, orders of

 

 

HB6184- 14 -LRB099 18929 SLF 43317 b

1supervision, or any other disposition for a violation of
2Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
3similar provision of a local ordinance, and any violation of
4the Child Passenger Protection Act, or a similar provision of a
5local ordinance, and except as otherwise provided in this
6Section shall be disbursed within 60 days after receipt by the
7circuit clerk as follows: 44.5% shall be disbursed to the
8entity authorized by law to receive the fine imposed in the
9case; 16.825% shall be disbursed to the State Treasurer; and
1038.675% shall be disbursed to the county's general corporate
11fund. Of the 16.825% disbursed to the State Treasurer, 2/17
12shall be deposited by the State Treasurer into the Violent
13Crime Victims Assistance Fund, 5.052/17 shall be deposited into
14the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
15be deposited into the Drivers Education Fund, and 6.948/17
16shall be deposited into the Trauma Center Fund. Of the 6.948/17
17deposited into the Trauma Center Fund from the 16.825%
18disbursed to the State Treasurer, 50% shall be disbursed to the
19Department of Public Health and 50% shall be disbursed to the
20Department of Healthcare and Family Services. For fiscal year
211993, amounts deposited into the Violent Crime Victims
22Assistance Fund, the Traffic and Criminal Conviction Surcharge
23Fund, or the Drivers Education Fund shall not exceed 110% of
24the amounts deposited into those funds in fiscal year 1991. Any
25amount that exceeds the 110% limit shall be distributed as
26follows: 50% shall be disbursed to the county's general

 

 

HB6184- 15 -LRB099 18929 SLF 43317 b

1corporate fund and 50% shall be disbursed to the entity
2authorized by law to receive the fine imposed in the case. Not
3later than March 1 of each year the circuit clerk shall submit
4a report of the amount of funds remitted to the State Treasurer
5under this Section during the preceding year based upon
6independent verification of fines and fees. All counties shall
7be subject to this Section, except that counties with a
8population under 2,000,000 may, by ordinance, elect not to be
9subject to this Section. For offenses subject to this Section,
10judges shall impose one total sum of money payable for
11violations. The circuit clerk may add on no additional amounts
12except for amounts that are required by Sections 27.3a and
1327.3c of this Act, Section 16-104c of the Illinois Vehicle
14Code, and subsection (a) of Section 5-1101 of the Counties
15Code, unless those amounts are specifically waived by the
16judge. With respect to money collected by the circuit clerk as
17a result of forfeiture of bail, ex parte judgment or guilty
18plea pursuant to Supreme Court Rule 529, the circuit clerk
19shall first deduct and pay amounts required by Sections 27.3a
20and 27.3c of this Act. Unless a court ordered payment schedule
21is implemented or fee requirements are waived pursuant to court
22order, the clerk of the court may add to any unpaid fees and
23costs a delinquency amount equal to 5% of the unpaid fees that
24remain unpaid after 30 days, 10% of the unpaid fees that remain
25unpaid after 60 days, and 15% of the unpaid fees that remain
26unpaid after 90 days. Notice to those parties may be made by

 

 

HB6184- 16 -LRB099 18929 SLF 43317 b

1signage posting or publication. The additional delinquency
2amounts collected under this Section shall be deposited in the
3Circuit Court Clerk Operation and Administrative Fund to be
4used to defray administrative costs incurred by the circuit
5clerk in performing the duties required to collect and disburse
6funds. This Section is a denial and limitation of home rule
7powers and functions under subsection (h) of Section 6 of
8Article VII of the Illinois Constitution.
9    (b) In addition to any other fines and court costs assessed
10by the courts, any person convicted or receiving an order of
11supervision for driving under the influence of alcohol or drugs
12shall pay an additional fee of $100 to the clerk of the circuit
13court. This amount, less 2 1/2% that shall be used to defray
14administrative costs incurred by the clerk, shall be remitted
15by the clerk to the Treasurer within 60 days after receipt for
16deposit into the Trauma Center Fund. This additional fee of
17$100 shall not be considered a part of the fine for purposes of
18any reduction in the fine for time served either before or
19after sentencing. Not later than March 1 of each year the
20Circuit Clerk shall submit a report of the amount of funds
21remitted to the State Treasurer under this subsection during
22the preceding calendar year.
23    (b-1) In addition to any other fines and court costs
24assessed by the courts, any person convicted or receiving an
25order of supervision for driving under the influence of alcohol
26or drugs shall pay an additional fee of $5 to the clerk of the

 

 

HB6184- 17 -LRB099 18929 SLF 43317 b

1circuit court. This amount, less 2 1/2% that shall be used to
2defray administrative costs incurred by the clerk, shall be
3remitted by the clerk to the Treasurer within 60 days after
4receipt for deposit into the Spinal Cord Injury Paralysis Cure
5Research Trust Fund. This additional fee of $5 shall not be
6considered a part of the fine for purposes of any reduction in
7the fine for time served either before or after sentencing. Not
8later than March 1 of each year the Circuit Clerk shall submit
9a report of the amount of funds remitted to the State Treasurer
10under this subsection during the preceding calendar year.
11    (c) In addition to any other fines and court costs assessed
12by the courts, any person convicted for a violation of Sections
1324-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or the
14Criminal Code of 2012 or a person sentenced for a violation of
15the Cannabis Control Act, the Illinois Controlled Substances
16Act, or the Methamphetamine Control and Community Protection
17Act shall pay an additional fee of $100 to the clerk of the
18circuit court. This amount, less 2 1/2% that shall be used to
19defray administrative costs incurred by the clerk, shall be
20remitted by the clerk to the Treasurer within 60 days after
21receipt for deposit into the Trauma Center Fund. This
22additional fee of $100 shall not be considered a part of the
23fine for purposes of any reduction in the fine for time served
24either before or after sentencing. Not later than March 1 of
25each year the Circuit Clerk shall submit a report of the amount
26of funds remitted to the State Treasurer under this subsection

 

 

HB6184- 18 -LRB099 18929 SLF 43317 b

1during the preceding calendar year.
2    (c-1) In addition to any other fines and court costs
3assessed by the courts, any person sentenced for a violation of
4the Cannabis Control Act, the Illinois Controlled Substances
5Act, or the Methamphetamine Control and Community Protection
6Act shall pay an additional fee of $5 to the clerk of the
7circuit court. This amount, less 2 1/2% that shall be used to
8defray administrative costs incurred by the clerk, shall be
9remitted by the clerk to the Treasurer within 60 days after
10receipt for deposit into the Spinal Cord Injury Paralysis Cure
11Research Trust Fund. This additional fee of $5 shall not be
12considered a part of the fine for purposes of any reduction in
13the fine for time served either before or after sentencing. Not
14later than March 1 of each year the Circuit Clerk shall submit
15a report of the amount of funds remitted to the State Treasurer
16under this subsection during the preceding calendar year.
17    (d) The following amounts must be remitted to the State
18Treasurer for deposit into the Illinois Animal Abuse Fund:
19        (1) 50% of the amounts collected for felony offenses
20    under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
21    5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
22    Animals Act and Section 26-5 or 48-1 of the Criminal Code
23    of 1961 or the Criminal Code of 2012;
24        (2) 20% of the amounts collected for Class A and Class
25    B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
26    5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care

 

 

HB6184- 19 -LRB099 18929 SLF 43317 b

1    for Animals Act and Section 26-5 or 48-1 of the Criminal
2    Code of 1961 or the Criminal Code of 2012; and
3        (3) 50% of the amounts collected for Class C
4    misdemeanors under Sections 4.01 and 7.1 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.
7    (e) Any person who receives a disposition of court
8supervision for a violation of the Illinois Vehicle Code or a
9similar provision of a local ordinance shall, in addition to
10any other fines, fees, and court costs, pay an additional fee
11of $29, to be disbursed as provided in Section 16-104c of the
12Illinois Vehicle Code. In addition to the fee of $29, the
13person shall also pay a fee of $6, if not waived by the court.
14If this $6 fee is collected, $5.50 of the fee shall be
15deposited into the Circuit Court Clerk Operation and
16Administrative Fund created by the Clerk of the Circuit Court
17and 50 cents of the fee shall be deposited into the Prisoner
18Review Board Vehicle and Equipment Fund in the State treasury.
19    (f) This Section does not apply to the additional child
20pornography fines assessed and collected under Section
215-9-1.14 of the Unified Code of Corrections.
22    (g) Any person convicted of or pleading guilty to a serious
23traffic violation, as defined in Section 1-187.001 of the
24Illinois Vehicle Code, shall pay an additional fee of $35, to
25be disbursed as provided in Section 16-104d of that Code. This
26subsection (g) becomes inoperative on January 1, 2020.

 

 

HB6184- 20 -LRB099 18929 SLF 43317 b

1    (h) In all counties having a population of 3,000,000 or
2more inhabitants,
3        (1) A person who is found guilty of or pleads guilty to
4    violating subsection (a) of Section 11-501 of the Illinois
5    Vehicle Code, including any person placed on court
6    supervision for violating subsection (a), shall be fined
7    $750 as provided for by subsection (f) of Section 11-501.01
8    of the Illinois Vehicle Code, payable to the circuit clerk,
9    who shall distribute the money pursuant to subsection (f)
10    of Section 11-501.01 of the Illinois Vehicle Code.
11        (2) When a crime laboratory DUI analysis fee of $150,
12    provided for by Section 5-9-1.9 of the Unified Code of
13    Corrections is assessed, it shall be disbursed by the
14    circuit clerk as provided by subsection (f) of Section
15    5-9-1.9 of the Unified Code of Corrections.
16        (3) When a fine for a violation of Section 11-605.1 of
17    the Illinois Vehicle Code is $250 or greater, the person
18    who violated that Section shall be charged an additional
19    $125 as provided for by subsection (e) of Section 11-605.1
20    of the Illinois Vehicle Code, which shall be disbursed by
21    the circuit clerk to a State or county Transportation
22    Safety Highway Hire-back Fund as provided by subsection (e)
23    of Section 11-605.1 of the Illinois Vehicle Code.
24        (4) When a fine for a violation of subsection (a) of
25    Section 11-605 of the Illinois Vehicle Code is $150 or
26    greater, the additional $50 which is charged as provided

 

 

HB6184- 21 -LRB099 18929 SLF 43317 b

1    for by subsection (f) of Section 11-605 of the Illinois
2    Vehicle Code shall be disbursed by the circuit clerk to a
3    school district or districts for school safety purposes as
4    provided by subsection (f) of Section 11-605.
5        (5) When a fine for a violation of subsection (a) of
6    Section 11-1002.5 of the Illinois Vehicle Code is $150 or
7    greater, the additional $50 which is charged as provided
8    for by subsection (c) of Section 11-1002.5 of the Illinois
9    Vehicle Code shall be disbursed by the circuit clerk to a
10    school district or districts for school safety purposes as
11    provided by subsection (c) of Section 11-1002.5 of the
12    Illinois Vehicle Code.
13        (6) When a mandatory drug court fee of up to $5 is
14    assessed as provided in subsection (f) of Section 5-1101 of
15    the Counties Code, it shall be disbursed by the circuit
16    clerk as provided in subsection (f) of Section 5-1101 of
17    the Counties Code.
18        (7) When a mandatory teen court, peer jury, youth
19    court, or other youth diversion program fee is assessed as
20    provided in subsection (e) of Section 5-1101 of the
21    Counties Code, it shall be disbursed by the circuit clerk
22    as provided in subsection (e) of Section 5-1101 of the
23    Counties Code.
24        (8) When a Children's Advocacy Center fee is assessed
25    pursuant to subsection (f-5) of Section 5-1101 of the
26    Counties Code, it shall be disbursed by the circuit clerk

 

 

HB6184- 22 -LRB099 18929 SLF 43317 b

1    as provided in subsection (f-5) of Section 5-1101 of the
2    Counties Code.
3        (9) When a victim impact panel fee is assessed pursuant
4    to subsection (b) of Section 11-501.01 of the Vehicle Code,
5    it shall be disbursed by the circuit clerk to the victim
6    impact panel to be attended by the defendant.
7        (10) When a new fee collected in traffic cases is
8    enacted after the effective date of this subsection (h), it
9    shall be excluded from the percentage disbursement
10    provisions of this Section unless otherwise indicated by
11    law.
12    (i) Of the amounts collected as fines under subsection (b)
13of Section 3-712 of the Illinois Vehicle Code, 99% shall be
14deposited into the Illinois Military Family Relief Fund and 1%
15shall be deposited into the Circuit Court Clerk Operation and
16Administrative Fund created by the Clerk of the Circuit Court
17to be used to offset the costs incurred by the Circuit Court
18Clerk in performing the additional duties required to collect
19and disburse funds to entities of State and local government as
20provided by law.
21    (j) (Blank).
22    (k) For any conviction or disposition of court supervision
23for a violation of Section 11-1429 of the Illinois Vehicle
24Code, the circuit clerk shall distribute the fines paid by the
25person as specified by subsection (h) of Section 11-1429 of the
26Illinois Vehicle Code.

 

 

HB6184- 23 -LRB099 18929 SLF 43317 b

1    (l) Any person who receives a disposition of court
2supervision for a violation of Section 11-501 of the Illinois
3Vehicle Code or a similar provision of a local ordinance shall,
4in addition to any other fines, fees, and court costs, pay an
5additional fee of $50, which shall be collected by the circuit
6clerk and then remitted to the State Treasurer for deposit into
7the Roadside Memorial Fund, a special fund in the State
8treasury. However, the court may waive the fee if full
9restitution is complied with. Subject to appropriation, all
10moneys in the Roadside Memorial Fund shall be used by the
11Department of Transportation to pay fees imposed under
12subsection (f) of Section 20 of the Roadside Memorial Act. The
13fee shall be remitted by the circuit clerk within one month
14after receipt to the State Treasurer for deposit into the
15Roadside Memorial Fund.
16    (m) Of the amounts collected as fines under subsection (c)
17of Section 411.4 of the Illinois Controlled Substances Act or
18subsection (c) of Section 90 of the Methamphetamine Control and
19Community Protection Act, 99% shall be deposited to the law
20enforcement agency or fund specified and 1% shall be deposited
21into the Circuit Court Clerk Operation and Administrative Fund
22to be used to offset the costs incurred by the Circuit Court
23Clerk in performing the additional duties required to collect
24and disburse funds to entities of State and local government as
25provided by law.
26    (n) In addition to any other fines and court costs assessed

 

 

HB6184- 24 -LRB099 18929 SLF 43317 b

1by the courts, any person who is convicted of or pleads guilty
2to a violation of the Criminal Code of 1961 or the Criminal
3Code of 2012, or a similar provision of a local ordinance, or
4who is convicted of, pleads guilty to, or receives a
5disposition of court supervision for a violation of the
6Illinois Vehicle Code, or the Criminal Code of 1961 or the
7Criminal Code of 2012, or a similar provision of a local
8ordinance, the court shall impose pay an additional fine fee of
9$15 to the clerk of the circuit court. This additional fine fee
10of $15 shall not be considered a part of the fine for purposes
11of any reduction in the fine for time served either before or
12after sentencing. This amount, less 2.5% that shall be used to
13defray administrative costs incurred by the clerk, shall be
14remitted by the clerk to the State Treasurer within 60 days
15after receipt for deposit into the State Police Merit Board
16Public Safety Fund for distribution as provided under Section
177.2 of the State Police Act. Of this fine, 2.5% shall be
18deposited into the Circuit Court Clerk Operation and
19Administration Fund created by the clerk of the circuit court
20to be used to offset the costs incurred by the circuit court
21clerk in performing the additional duties required to collect
22and disburse funds as provided by law.
23    (o) The amounts collected as fines under Sections 10-9,
2411-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall
25be collected by the circuit clerk and distributed as provided
26under Section 5-9-1.21 of the Unified Code of Corrections in

 

 

HB6184- 25 -LRB099 18929 SLF 43317 b

1lieu of any disbursement under subsection (a) of this Section.
2    (p) In addition to any other fees and penalties imposed,
3any person who is convicted of or pleads guilty to a violation
4of Section 20-1 or Section 20-1.1 of the Criminal Code of 2012
5shall pay an additional fee of $250 to the clerk of the circuit
6court. This additional fee of $250 shall not be considered a
7part of the fine for purposes of any reduction in the fine for
8time served either before or after sentencing. This amount,
9less 2.5% that shall be used to defray administrative costs
10incurred by the clerk, shall be remitted by the clerk to the
11Department of Insurance within 60 days after receipt for
12deposit into the George Bailey Memorial Fund.
13(Source: P.A. 98-658, eff. 6-23-14; 98-1013, eff. 1-1-15;
1499-78, eff. 7-20-15; 99-455, eff. 1-1-16.)
 
15    Section 20. The Unified Code of Corrections is amended by
16adding Section 5-9-1.22 as follows:
 
17    (730 ILCS 5/5-9-1.22 new)
18    Sec. 5-9-1.22. Additional public safety fines. In addition
19to any other fines imposed by the court, any person who is
20convicted of, or receives a disposition of court supervision,
21for any violation of the Criminal Code of 1961 or the Criminal
22Code of 2012, the court shall impose an additional fine of $15
23payable to the clerk of the circuit court. This additional fine
24of $15 shall not be considered a part of the fine for purposes

 

 

HB6184- 26 -LRB099 18929 SLF 43317 b

1of reducing the fine for time served, either before or after
2sentencing. This additional fine shall be remitted by the clerk
3to the State Treasurer within 60 days after receipt for deposit
4into the State Police Merit Board Public Safety Fund for
5distribution as provided under Section 7.2 of the State Police
6Act. Of this fine, 2.5% shall be deposited into the Circuit
7Court Clerk Operation and Administration Fund created by the
8clerk of the circuit court to be used to offset the costs
9incurred by the circuit court clerk in performing the
10additional duties required to collect and disburse funds as
11provided by law.