99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB3029

 

Introduced 2/18/2016, by Sen. Don Harmon

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/5.875 new
625 ILCS 5/16-104c
705 ILCS 105/27.5  from Ch. 25, par. 27.5
705 ILCS 105/27.6
730 ILCS 5/5-6-1  from Ch. 38, par. 1005-6-1

    Amends the Illinois Vehicle Code. Provides that in addition to other fees accompanying court supervision for a violation of the Code, a person shall also pay an additional fee of $7.50 (rather than $6), if not waived by the court. Provides that if the $7.50 fee is collected, then $6.50 (rather than $5.50) shall be deposited into the Circuit Court Clerk Operation and Administrative Fund; 50 cents shall be deposited into the Prisoner Review Board Vehicle and Equipment Fund; and 50 cents shall be deposited into the State's Attorneys Appellate Prosecutor Vehicle and Equipment Fund. Provides that the State's Attorneys Appellate Prosecutor shall use all moneys in the State's Attorneys Appellate Prosecutor Vehicle and Equipment Fund for the purchase and operation of vehicles and equipment. Amends the State Finance Act to create the State's Attorneys Appellate Prosecutor Vehicle and Equipment Fund as a special fund in the State treasury. Amends the Clerks of Courts Act and the Unified Code of Corrections to make conforming changes.


LRB099 19084 RJF 43473 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3029LRB099 19084 RJF 43473 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by adding
5Section 5.875 as follows:
 
6    (30 ILCS 105/5.875 new)
7    Sec. 5.875. The State's Attorneys Appellate Prosecutor
8Vehicle and Equipment Fund.
 
9    Section 10. The Illinois Vehicle Code is amended by
10changing Section 16-104c as follows:
 
11    (625 ILCS 5/16-104c)
12    Sec. 16-104c. Court supervision fees.
13    (a) Any person who receives a disposition of court
14supervision for a violation of any provision of this Code or a
15similar provision of a local ordinance shall pay an additional
16fee of $29, which shall be disbursed as follows:
17        (1) if an officer of the Department of State Police
18    arrested the person for the violation, $20 of the $29 fee
19    shall be deposited into the State Police Vehicle Fund in
20    the State treasury; or
21        (2) if an officer of any law enforcement agency in the

 

 

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1    State other than the Department of State Police arrested
2    the person for the violation, $20 of the $29 fee shall be
3    paid to the law enforcement agency that employed the
4    arresting officer and shall be used for the acquisition or
5    maintenance of police vehicles; and
6        (3) $9 of the $29 fee shall be deposited into the
7    Drivers Education Fund.
8    (b) In addition to the fee provided for in subsection (a),
9a person who receives a disposition of court supervision for
10any violation of this Code or a similar provision of a local
11ordinance shall also pay an additional fee of $7.50 $6, if not
12waived by the court. Of this $7.50 $6 fee, $6.50 $5.50 shall be
13deposited into the Circuit Court Clerk Operation and
14Administrative Fund created by the Clerk of the Circuit Court;
15and 50 cents shall be deposited into the Prisoner Review Board
16Vehicle and Equipment Fund in the State treasury; and 50 cents
17shall be deposited into the State's Attorneys Appellate
18Prosecutor Vehicle and Equipment Fund in the State treasury.
19    (c) The Prisoner Review Board Vehicle and Equipment Fund is
20created as a special fund in the State treasury. The Prisoner
21Review Board shall, subject to appropriation by the General
22Assembly and approval by the Secretary, use all moneys in the
23Prisoner Review Board Vehicle and Equipment Fund for the
24purchase and operation of vehicles and equipment.
25    (d) The State's Attorneys Appellate Prosecutor Vehicle and
26Equipment Fund is created as a special fund in the State

 

 

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1treasury. The State's Attorneys Appellate Prosecutor shall,
2subject to appropriation by the General Assembly and approval
3by the Secretary, use all moneys in the State's Attorneys
4Appellate Prosecutor Vehicle and Equipment Fund for the
5purchase and operation of vehicles and equipment.
6(Source: P.A. 95-428, eff. 8-24-07; 96-625, eff. 1-1-10.)
 
7    Section 15. The Clerks of Courts Act is amended by changing
8Sections 27.5 and 27.6 as follows:
 
9    (705 ILCS 105/27.5)  (from Ch. 25, par. 27.5)
10    Sec. 27.5. (a) All fees, fines, costs, additional
11penalties, bail balances assessed or forfeited, and any other
12amount paid by a person to the circuit clerk that equals an
13amount less than $55, except restitution under Section 5-5-6 of
14the Unified Code of Corrections, reimbursement for the costs of
15an emergency response as provided under Section 11-501 of the
16Illinois Vehicle Code, any fees collected for attending a
17traffic safety program under paragraph (c) of Supreme Court
18Rule 529, any fee collected on behalf of a State's Attorney
19under Section 4-2002 of the Counties Code or a sheriff under
20Section 4-5001 of the Counties Code, or any cost imposed under
21Section 124A-5 of the Code of Criminal Procedure of 1963, for
22convictions, orders of supervision, or any other disposition
23for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois
24Vehicle Code, or a similar provision of a local ordinance, and

 

 

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1any violation of the Child Passenger Protection Act, or a
2similar provision of a local ordinance, and except as otherwise
3provided in this Section, shall be disbursed within 60 days
4after receipt by the circuit clerk as follows: 47% shall be
5disbursed to the entity authorized by law to receive the fine
6imposed in the case; 12% shall be disbursed to the State
7Treasurer; and 41% shall be disbursed to the county's general
8corporate fund. Of the 12% disbursed to the State Treasurer,
91/6 shall be deposited by the State Treasurer into the Violent
10Crime Victims Assistance Fund, 1/2 shall be deposited into the
11Traffic and Criminal Conviction Surcharge Fund, and 1/3 shall
12be deposited into the Drivers Education Fund. For fiscal years
131992 and 1993, 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, Section 16-104c of the Illinois Vehicle
6Code, and subsection (a) of Section 5-1101 of the Counties
7Code, unless those amounts are specifically waived by the
8judge. With respect to money collected by the circuit clerk as
9a result of forfeiture of bail, ex parte judgment or guilty
10plea pursuant to Supreme Court Rule 529, the circuit clerk
11shall first deduct and pay amounts required by Sections 27.3a
12and 27.3c of this Act. Unless a court ordered payment schedule
13is implemented or fee requirements are waived pursuant to a
14court order, the circuit clerk may add to any unpaid fees and
15costs a delinquency amount equal to 5% of the unpaid fees that
16remain unpaid after 30 days, 10% of the unpaid fees that remain
17unpaid after 60 days, and 15% of the unpaid fees that remain
18unpaid after 90 days. Notice to those parties may be made by
19signage posting or publication. The additional delinquency
20amounts collected under this Section shall be deposited in the
21Circuit Court Clerk Operation and Administrative Fund to be
22used to defray administrative costs incurred by the circuit
23clerk in performing the duties required to collect and disburse
24funds. This Section is a denial and limitation of home rule
25powers and functions under subsection (h) of Section 6 of
26Article VII of the Illinois Constitution.

 

 

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1    (b) The following amounts must be remitted to the State
2Treasurer for deposit into the Illinois Animal Abuse Fund:
3        (1) 50% of the amounts collected for felony offenses
4    under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
5    5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
6    Animals Act and Section 26-5 or 48-1 of the Criminal Code
7    of 1961 or the Criminal Code of 2012;
8        (2) 20% of the amounts collected for Class A and Class
9    B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
10    5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
11    for Animals Act and Section 26-5 or 48-1 of the Criminal
12    Code of 1961 or the Criminal Code of 2012; and
13        (3) 50% of the amounts collected for Class C
14    misdemeanors under Sections 4.01 and 7.1 of the Humane Care
15    for Animals Act and Section 26-5 or 48-1 of the Criminal
16    Code of 1961 or the Criminal Code of 2012.
17    (c) Any person who receives a disposition of court
18supervision for a violation of the Illinois Vehicle Code or a
19similar provision of a local ordinance shall, in addition to
20any other fines, fees, and court costs, pay an additional fee
21of $29, to be disbursed as provided in Section 16-104c of the
22Illinois Vehicle Code. In addition to the fee of $29, the
23person shall also pay a fee of $7.50 $6, if not waived by the
24court. If this $7.50 $6 fee is collected, $6.50 $5.50 of the
25fee shall be deposited into the Circuit Court Clerk Operation
26and Administrative Fund created by the Clerk of the Circuit

 

 

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1Court; and 50 cents of the fee shall be deposited into the
2Prisoner Review Board Vehicle and Equipment Fund in the State
3treasury; and 50 cents of the fee shall be deposited into the
4State's Attorneys Appellate Prosecutor Vehicle and Equipment
5Fund in the State treasury.
6    (d) Any person convicted of, pleading guilty to, or placed
7on supervision for a serious traffic violation, as defined in
8Section 1-187.001 of the Illinois Vehicle Code, a violation of
9Section 11-501 of the Illinois Vehicle Code, or a violation of
10a similar provision of a local ordinance shall pay an
11additional fee of $35, to be disbursed as provided in Section
1216-104d of that Code.
13    This subsection (d) becomes inoperative on January 1, 2020.
14    (e) In all counties having a population of 3,000,000 or
15more inhabitants:
16        (1) A person who is found guilty of or pleads guilty to
17    violating subsection (a) of Section 11-501 of the Illinois
18    Vehicle Code, including any person placed on court
19    supervision for violating subsection (a), shall be fined
20    $750 as provided for by subsection (f) of Section 11-501.01
21    of the Illinois Vehicle Code, payable to the circuit clerk,
22    who shall distribute the money pursuant to subsection (f)
23    of Section 11-501.01 of the Illinois Vehicle Code.
24        (2) When a crime laboratory DUI analysis fee of $150,
25    provided for by Section 5-9-1.9 of the Unified Code of
26    Corrections is assessed, it shall be disbursed by the

 

 

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1    circuit clerk as provided by subsection (f) of Section
2    5-9-1.9 of the Unified Code of Corrections.
3        (3) When a fine for a violation of subsection (a) of
4    Section 11-605 of the Illinois Vehicle Code is $150 or
5    greater, the additional $50 which is charged as provided
6    for by subsection (f) of Section 11-605 of the Illinois
7    Vehicle Code shall be disbursed by the circuit clerk to a
8    school district or districts for school safety purposes as
9    provided by subsection (f) of Section 11-605.
10        (4) When a fine for a violation of subsection (a) of
11    Section 11-1002.5 of the Illinois Vehicle Code is $150 or
12    greater, the additional $50 which is charged as provided
13    for by subsection (c) of Section 11-1002.5 of the Illinois
14    Vehicle Code shall be disbursed by the circuit clerk to a
15    school district or districts for school safety purposes as
16    provided by subsection (c) of Section 11-1002.5 of the
17    Illinois Vehicle Code.
18        (5) When a mandatory drug court fee of up to $5 is
19    assessed as provided in subsection (f) of Section 5-1101 of
20    the Counties Code, it shall be disbursed by the circuit
21    clerk as provided in subsection (f) of Section 5-1101 of
22    the Counties Code.
23        (6) When a mandatory teen court, peer jury, youth
24    court, or other youth diversion program fee is assessed as
25    provided in subsection (e) of Section 5-1101 of the
26    Counties Code, it shall be disbursed by the circuit clerk

 

 

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1    as provided in subsection (e) of Section 5-1101 of the
2    Counties Code.
3        (7) When a Children's Advocacy Center fee is assessed
4    pursuant to subsection (f-5) of Section 5-1101 of the
5    Counties Code, it shall be disbursed by the circuit clerk
6    as provided in subsection (f-5) of Section 5-1101 of the
7    Counties Code.
8        (8) When a victim impact panel fee is assessed pursuant
9    to subsection (b) of Section 11-501.01 of the Illinois
10    Vehicle Code, it shall be disbursed by the circuit clerk to
11    the victim impact panel to be attended by the defendant.
12        (9) When a new fee collected in traffic cases is
13    enacted after January 1, 2010 (the effective date of Public
14    Act 96-735), it shall be excluded from the percentage
15    disbursement provisions of this Section unless otherwise
16    indicated by law.
17    (f) Any person who receives a disposition of court
18supervision for a violation of Section 11-501 of the Illinois
19Vehicle Code shall, in addition to any other fines, fees, and
20court costs, pay an additional fee of $50, which shall be
21collected by the circuit clerk and then remitted to the State
22Treasurer for deposit into the Roadside Memorial Fund, a
23special fund in the State treasury. However, the court may
24waive the fee if full restitution is complied with. Subject to
25appropriation, all moneys in the Roadside Memorial Fund shall
26be used by the Department of Transportation to pay fees imposed

 

 

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1under subsection (f) of Section 20 of the Roadside Memorial
2Act. The fee shall be remitted by the circuit clerk within one
3month after receipt to the State Treasurer for deposit into the
4Roadside Memorial Fund.
5    (g) For any conviction or disposition of court supervision
6for a violation of Section 11-1429 of the Illinois Vehicle
7Code, the circuit clerk shall distribute the fines paid by the
8person as specified by subsection (h) of Section 11-1429 of the
9Illinois Vehicle Code.
10(Source: P.A. 97-333, eff. 8-12-11; 97-1108, eff. 1-1-13;
1197-1150, eff. 1-25-13; 98-658, eff. 6-23-14.)
 
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, 97-1150,
1598-658, 98-1013, 99-78, and 99-455)
16    Sec. 27.6. (a) All fees, fines, costs, additional
17penalties, bail balances assessed or forfeited, and any other
18amount paid by a person to the circuit clerk equalling an
19amount of $55 or more, except the fine imposed by Section
205-9-1.15 of the Unified Code of Corrections, the additional fee
21required by subsections (b) and (c), restitution under Section
225-5-6 of the Unified Code of Corrections, contributions to a
23local anti-crime program ordered pursuant to Section
245-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
25Corrections, reimbursement for the costs of an emergency

 

 

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1response as provided under Section 11-501 of the Illinois
2Vehicle Code, any fees collected for attending a traffic safety
3program under paragraph (c) of Supreme Court Rule 529, any fee
4collected on behalf of a State's Attorney under Section 4-2002
5of the Counties Code or a sheriff under Section 4-5001 of the
6Counties Code, or any cost imposed under Section 124A-5 of the
7Code of Criminal Procedure of 1963, for convictions, orders of
8supervision, or any other disposition for a violation of
9Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
10similar provision of a local ordinance, and any violation of
11the Child Passenger Protection Act, or a similar provision of a
12local ordinance, and except as otherwise provided in this
13Section shall be disbursed within 60 days after receipt by the
14circuit clerk as follows: 44.5% shall be disbursed to the
15entity authorized by law to receive the fine imposed in the
16case; 16.825% shall be disbursed to the State Treasurer; and
1738.675% shall be disbursed to the county's general corporate
18fund. Of the 16.825% disbursed to the State Treasurer, 2/17
19shall be deposited by the State Treasurer into the Violent
20Crime Victims Assistance Fund, 5.052/17 shall be deposited into
21the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
22be deposited into the Drivers Education Fund, and 6.948/17
23shall be deposited into the Trauma Center Fund. Of the 6.948/17
24deposited into the Trauma Center Fund from the 16.825%
25disbursed to the State Treasurer, 50% shall be disbursed to the
26Department of Public Health and 50% shall be disbursed to the

 

 

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1Department of Healthcare and Family Services. For fiscal year
21993, amounts deposited into the Violent Crime Victims
3Assistance Fund, the Traffic and Criminal Conviction Surcharge
4Fund, or the Drivers Education Fund shall not exceed 110% of
5the amounts deposited into those funds in fiscal year 1991. Any
6amount that exceeds the 110% limit shall be distributed as
7follows: 50% shall be disbursed to the county's general
8corporate fund and 50% shall be disbursed to the entity
9authorized by law to receive the fine imposed in the case. Not
10later than March 1 of each year the circuit clerk shall submit
11a report of the amount of funds remitted to the State Treasurer
12under this Section during the preceding year based upon
13independent verification of fines and fees. All counties shall
14be subject to this Section, except that counties with a
15population under 2,000,000 may, by ordinance, elect not to be
16subject to this Section. For offenses subject to this Section,
17judges shall impose one total sum of money payable for
18violations. The circuit clerk may add on no additional amounts
19except for amounts that are required by Sections 27.3a and
2027.3c of this Act, unless those amounts are specifically waived
21by the judge. With respect to money collected by the circuit
22clerk as a result of forfeiture of bail, ex parte judgment or
23guilty plea pursuant to Supreme Court Rule 529, the circuit
24clerk shall first deduct and pay amounts required by Sections
2527.3a and 27.3c of this Act. This Section is a denial and
26limitation of home rule powers and functions under subsection

 

 

SB3029- 13 -LRB099 19084 RJF 43473 b

1(h) of Section 6 of Article 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

 

 

SB3029- 14 -LRB099 19084 RJF 43473 b

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

 

 

SB3029- 15 -LRB099 19084 RJF 43473 b

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

 

 

SB3029- 16 -LRB099 19084 RJF 43473 b

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 $7.50 $6, if not waived by the
7court. If this $7.50 $6 fee is collected, $6.50 $5.50 of the
8fee shall be deposited into the Circuit Court Clerk Operation
9and Administrative Fund created by the Clerk of the Circuit
10Court; and 50 cents of the fee shall be deposited into the
11Prisoner Review Board Vehicle and Equipment Fund in the State
12treasury; and 50 cents of the fee shall be deposited into the
13State's Attorneys Appellate Prosecutor Vehicle and Equipment
14Fund in the State treasury.
15    (f) This Section does not apply to the additional child
16pornography fines assessed and collected under Section
175-9-1.14 of the Unified Code of Corrections.
18    (g) (Blank).
19    (h) (Blank).
20    (i) Of the amounts collected as fines under subsection (b)
21of Section 3-712 of the Illinois Vehicle Code, 99% shall be
22deposited into the Illinois Military Family Relief Fund and 1%
23shall be deposited into the Circuit Court Clerk Operation and
24Administrative Fund created by the Clerk of the Circuit Court
25to be used to offset the costs incurred by the Circuit Court
26Clerk in performing the additional duties required to collect

 

 

SB3029- 17 -LRB099 19084 RJF 43473 b

1and disburse funds to entities of State and local government as
2provided by law.
3    (j) Any person convicted of, pleading guilty to, or placed
4on supervision for a serious traffic violation, as defined in
5Section 1-187.001 of the Illinois Vehicle Code, a violation of
6Section 11-501 of the Illinois Vehicle Code, or a violation of
7a similar provision of a local ordinance shall pay an
8additional fee of $35, to be disbursed as provided in Section
916-104d of that Code.
10    This subsection (j) becomes inoperative on January 1, 2020.
11    (k) For any conviction or disposition of court supervision
12for a violation of Section 11-1429 of the Illinois Vehicle
13Code, the circuit clerk shall distribute the fines paid by the
14person as specified by subsection (h) of Section 11-1429 of the
15Illinois Vehicle Code.
16    (l) Any person who receives a disposition of court
17supervision for a violation of Section 11-501 of the Illinois
18Vehicle Code or a similar provision of a local ordinance shall,
19in addition to any other fines, fees, and court costs, pay an
20additional fee of $50, which shall be collected by the circuit
21clerk and then remitted to the State Treasurer for deposit into
22the Roadside Memorial Fund, a special fund in the State
23treasury. However, the court may waive the fee if full
24restitution is complied with. Subject to appropriation, all
25moneys in the Roadside Memorial Fund shall be used by the
26Department of Transportation to pay fees imposed under

 

 

SB3029- 18 -LRB099 19084 RJF 43473 b

1subsection (f) of Section 20 of the Roadside Memorial Act. The
2fee shall be remitted by the circuit clerk within one month
3after receipt to the State Treasurer for deposit into the
4Roadside Memorial Fund.
5    (m) Of the amounts collected as fines under subsection (c)
6of Section 411.4 of the Illinois Controlled Substances Act or
7subsection (c) of Section 90 of the Methamphetamine Control and
8Community Protection Act, 99% shall be deposited to the law
9enforcement agency or fund specified and 1% shall be deposited
10into the Circuit Court Clerk Operation and Administrative Fund
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    (n) In addition to any other fines and court costs assessed
16by the courts, any person who is convicted of or pleads guilty
17to a violation of the Criminal Code of 1961 or the Criminal
18Code of 2012, or a similar provision of a local ordinance, or
19who is convicted of, pleads guilty to, or receives a
20disposition of court supervision for a violation of the
21Illinois Vehicle Code, or a similar provision of a local
22ordinance, shall pay an additional fee of $15 to the clerk of
23the circuit court. This additional fee of $15 shall not be
24considered a part of the fine for purposes of any reduction in
25the fine for time served either before or after sentencing.
26This amount, less 2.5% that shall be used to defray

 

 

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1administrative costs incurred by the clerk, shall be remitted
2by the clerk to the State Treasurer within 60 days after
3receipt for deposit into the State Police Merit Board Public
4Safety Fund.
5    (o) The amounts collected as fines under Sections 10-9,
611-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall
7be collected by the circuit clerk and distributed as provided
8under Section 5-9-1.21 of the Unified Code of Corrections in
9lieu of any disbursement under subsection (a) of this Section.
10    (p) In addition to any other fees and penalties imposed,
11any person who is convicted of or pleads guilty to a violation
12of Section 20-1 or Section 20-1.1 of the Criminal Code of 2012
13shall pay an additional fee of $250 to the clerk of the circuit
14court. This additional fee of $250 shall not be considered a
15part of the fine for purposes of any reduction in the fine for
16time served either before or after sentencing. This amount,
17less 2.5% that shall be used to defray administrative costs
18incurred by the clerk, shall be remitted by the clerk to the
19Department of Insurance within 60 days after receipt for
20deposit into the George Bailey Memorial Fund.
21(Source: P.A. 98-658, eff. 6-23-14; 98-1013, eff. 1-1-15;
2299-78, eff. 7-20-15; 99-455, eff. 1-1-16.)
 
23    (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667,
2496-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150,
2598-658, 98-1013, 99-78, and 99-455)

 

 

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1    Sec. 27.6. (a) All fees, fines, costs, additional
2penalties, bail balances assessed or forfeited, and any other
3amount paid by a person to the circuit clerk equalling an
4amount of $55 or more, except the fine imposed by Section
55-9-1.15 of the Unified Code of Corrections, the additional fee
6required by subsections (b) and (c), restitution under Section
75-5-6 of the Unified Code of Corrections, contributions to a
8local anti-crime program ordered pursuant to Section
95-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
10Corrections, reimbursement for the costs of an emergency
11response as provided under Section 11-501 of the Illinois
12Vehicle Code, any fees collected for attending a traffic safety
13program under paragraph (c) of Supreme Court Rule 529, any fee
14collected on behalf of a State's Attorney under Section 4-2002
15of the Counties Code or a sheriff under Section 4-5001 of the
16Counties Code, or any cost imposed under Section 124A-5 of the
17Code of Criminal Procedure of 1963, for convictions, orders of
18supervision, or any other disposition for a violation of
19Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
20similar provision of a local ordinance, and any violation of
21the Child Passenger Protection Act, or a similar provision of a
22local ordinance, and except as otherwise provided in this
23Section shall be disbursed within 60 days after receipt by the
24circuit clerk as follows: 44.5% shall be disbursed to the
25entity authorized by law to receive the fine imposed in the
26case; 16.825% shall be disbursed to the State Treasurer; and

 

 

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138.675% shall be disbursed to the county's general corporate
2fund. Of the 16.825% disbursed to the State Treasurer, 2/17
3shall be deposited by the State Treasurer into the Violent
4Crime Victims Assistance Fund, 5.052/17 shall be deposited into
5the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
6be deposited into the Drivers Education Fund, and 6.948/17
7shall be deposited into the Trauma Center Fund. Of the 6.948/17
8deposited into the Trauma Center Fund from the 16.825%
9disbursed to the State Treasurer, 50% shall be disbursed to the
10Department of Public Health and 50% shall be disbursed to the
11Department of Healthcare and Family Services. For fiscal year
121993, amounts deposited into the Violent Crime Victims
13Assistance Fund, the Traffic and Criminal Conviction Surcharge
14Fund, or the Drivers Education Fund shall not exceed 110% of
15the amounts deposited into those funds in fiscal year 1991. Any
16amount that exceeds the 110% limit shall be distributed as
17follows: 50% shall be disbursed to the county's general
18corporate fund and 50% shall be disbursed to the entity
19authorized by law to receive the fine imposed in the case. Not
20later than March 1 of each year the circuit clerk shall submit
21a report of the amount of funds remitted to the State Treasurer
22under this Section during the preceding year based upon
23independent verification of fines and fees. All counties shall
24be subject to this Section, except that counties with a
25population under 2,000,000 may, by ordinance, elect not to be
26subject to this Section. For offenses subject to this Section,

 

 

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1judges shall impose one total sum of money payable for
2violations. The circuit clerk may add on no additional amounts
3except for amounts that are required by Sections 27.3a and
427.3c of this Act, Section 16-104c of the Illinois Vehicle
5Code, and subsection (a) of Section 5-1101 of the Counties
6Code, unless those amounts are specifically waived by the
7judge. With respect to money collected by the circuit clerk as
8a result of forfeiture of bail, ex parte judgment or guilty
9plea pursuant to Supreme Court Rule 529, the circuit clerk
10shall first deduct and pay amounts required by Sections 27.3a
11and 27.3c of this Act. Unless a court ordered payment schedule
12is implemented or fee requirements are waived pursuant to court
13order, the clerk of the court may add to any unpaid fees and
14costs a delinquency amount equal to 5% of the unpaid fees that
15remain unpaid after 30 days, 10% of the unpaid fees that remain
16unpaid after 60 days, and 15% of the unpaid fees that remain
17unpaid after 90 days. Notice to those parties may be made by
18signage posting or publication. The additional delinquency
19amounts collected under this Section shall be deposited in the
20Circuit Court Clerk Operation and Administrative Fund to be
21used to defray administrative costs incurred by the circuit
22clerk in performing the duties required to collect and disburse
23funds. This Section is a denial and limitation of home rule
24powers and functions under subsection (h) of Section 6 of
25Article VII of the Illinois Constitution.
26    (b) In addition to any other fines and court costs assessed

 

 

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

 

 

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1under this subsection during the preceding calendar year.
2    (c) In addition to any other fines and court costs assessed
3by the courts, any person convicted for a violation of Sections
424-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or the
5Criminal Code of 2012 or a person sentenced for a violation of
6the Cannabis Control Act, the Illinois Controlled Substances
7Act, or the Methamphetamine Control and Community Protection
8Act shall pay an additional fee of $100 to the clerk of the
9circuit court. This amount, less 2 1/2% that shall be used to
10defray administrative costs incurred by the clerk, shall be
11remitted by the clerk to the Treasurer within 60 days after
12receipt for deposit into the Trauma Center Fund. This
13additional fee of $100 shall not be considered a part of the
14fine for purposes of any reduction in the fine for time served
15either before or after sentencing. Not later than March 1 of
16each year the Circuit Clerk shall submit a report of the amount
17of funds remitted to the State Treasurer under this subsection
18during the preceding calendar year.
19    (c-1) In addition to any other fines and court costs
20assessed by the courts, any person sentenced for a violation of
21the Cannabis Control Act, the Illinois Controlled Substances
22Act, or the Methamphetamine Control and Community Protection
23Act shall pay an additional fee of $5 to the clerk of the
24circuit court. This amount, less 2 1/2% that shall be used to
25defray administrative costs incurred by the clerk, shall be
26remitted by the clerk to the Treasurer within 60 days after

 

 

SB3029- 25 -LRB099 19084 RJF 43473 b

1receipt for deposit into the Spinal Cord Injury Paralysis Cure
2Research Trust Fund. This additional fee of $5 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. Not
5later than March 1 of each year the Circuit Clerk shall submit
6a report of the amount of funds remitted to the State Treasurer
7under this subsection during the preceding calendar year.
8    (d) The following amounts must be remitted to the State
9Treasurer for deposit into the Illinois Animal Abuse Fund:
10        (1) 50% of the amounts collected for felony offenses
11    under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
12    5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
13    Animals Act and Section 26-5 or 48-1 of the Criminal Code
14    of 1961 or the Criminal Code of 2012;
15        (2) 20% of the amounts collected for Class A and Class
16    B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
17    5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
18    for Animals Act and Section 26-5 or 48-1 of the Criminal
19    Code of 1961 or the Criminal Code of 2012; and
20        (3) 50% of the amounts collected for Class C
21    misdemeanors under Sections 4.01 and 7.1 of the Humane Care
22    for Animals Act and Section 26-5 or 48-1 of the Criminal
23    Code of 1961 or the Criminal Code of 2012.
24    (e) Any person who receives a disposition of court
25supervision for a violation of the Illinois Vehicle Code or a
26similar provision of a local ordinance shall, in addition to

 

 

SB3029- 26 -LRB099 19084 RJF 43473 b

1any other fines, fees, and court costs, pay an additional fee
2of $29, to be disbursed as provided in Section 16-104c of the
3Illinois Vehicle Code. In addition to the fee of $29, the
4person shall also pay a fee of $7.50 $6, if not waived by the
5court. If this $7.50 $6 fee is collected, $6.50 $5.50 of the
6fee shall be deposited into the Circuit Court Clerk Operation
7and Administrative Fund created by the Clerk of the Circuit
8Court; and 50 cents of the fee shall be deposited into the
9Prisoner Review Board Vehicle and Equipment Fund in the State
10treasury; and 50 cents of the fee shall be deposited into the
11State's Attorneys Appellate Prosecutor Vehicle and Equipment
12Fund in the State treasury.
13    (f) This Section does not apply to the additional child
14pornography fines assessed and collected under Section
155-9-1.14 of the Unified Code of Corrections.
16    (g) Any person convicted of or pleading guilty to a serious
17traffic violation, as defined in Section 1-187.001 of the
18Illinois Vehicle Code, shall pay an additional fee of $35, to
19be disbursed as provided in Section 16-104d of that Code. This
20subsection (g) becomes inoperative on January 1, 2020.
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

 

 

SB3029- 27 -LRB099 19084 RJF 43473 b

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

 

 

SB3029- 28 -LRB099 19084 RJF 43473 b

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.

 

 

SB3029- 29 -LRB099 19084 RJF 43473 b

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

 

 

SB3029- 30 -LRB099 19084 RJF 43473 b

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

 

 

SB3029- 31 -LRB099 19084 RJF 43473 b

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    (p) In addition to any other fees and penalties imposed,
16any person who is convicted of or pleads guilty to a violation
17of Section 20-1 or Section 20-1.1 of the Criminal Code of 2012
18shall pay an additional fee of $250 to the clerk of the circuit
19court. This additional fee of $250 shall not be considered a
20part of the fine for purposes of any reduction in the fine for
21time served either before or after sentencing. This amount,
22less 2.5% that shall be used to defray administrative costs
23incurred by the clerk, shall be remitted by the clerk to the
24Department of Insurance within 60 days after receipt for
25deposit into the George Bailey Memorial Fund.
26(Source: P.A. 98-658, eff. 6-23-14; 98-1013, eff. 1-1-15;

 

 

SB3029- 32 -LRB099 19084 RJF 43473 b

199-78, eff. 7-20-15; 99-455, eff. 1-1-16.)
 
2    Section 20. The Unified Code of Corrections is amended by
3changing Section 5-6-1 as follows:
 
4    (730 ILCS 5/5-6-1)  (from Ch. 38, par. 1005-6-1)
5    Sec. 5-6-1. Sentences of Probation and of Conditional
6Discharge and Disposition of Supervision. The General Assembly
7finds that in order to protect the public, the criminal justice
8system must compel compliance with the conditions of probation
9by responding to violations with swift, certain and fair
10punishments and intermediate sanctions. The Chief Judge of each
11circuit shall adopt a system of structured, intermediate
12sanctions for violations of the terms and conditions of a
13sentence of probation, conditional discharge or disposition of
14supervision.
15    (a) Except where specifically prohibited by other
16provisions of this Code, the court shall impose a sentence of
17probation or conditional discharge upon an offender unless,
18having regard to the nature and circumstance of the offense,
19and to the history, character and condition of the offender,
20the court is of the opinion that:
21        (1) his imprisonment or periodic imprisonment is
22    necessary for the protection of the public; or
23        (2) probation or conditional discharge would deprecate
24    the seriousness of the offender's conduct and would be

 

 

SB3029- 33 -LRB099 19084 RJF 43473 b

1    inconsistent with the ends of justice; or
2        (3) a combination of imprisonment with concurrent or
3    consecutive probation when an offender has been admitted
4    into a drug court program under Section 20 of the Drug
5    Court Treatment Act is necessary for the protection of the
6    public and for the rehabilitation of the offender.
7    The court shall impose as a condition of a sentence of
8probation, conditional discharge, or supervision, that the
9probation agency may invoke any sanction from the list of
10intermediate sanctions adopted by the chief judge of the
11circuit court for violations of the terms and conditions of the
12sentence of probation, conditional discharge, or supervision,
13subject to the provisions of Section 5-6-4 of this Act.
14    (b) The court may impose a sentence of conditional
15discharge for an offense if the court is of the opinion that
16neither a sentence of imprisonment nor of periodic imprisonment
17nor of probation supervision is appropriate.
18    (b-1) Subsections (a) and (b) of this Section do not apply
19to a defendant charged with a misdemeanor or felony under the
20Illinois Vehicle Code or reckless homicide under Section 9-3 of
21the Criminal Code of 1961 or the Criminal Code of 2012 if the
22defendant within the past 12 months has been convicted of or
23pleaded guilty to a misdemeanor or felony under the Illinois
24Vehicle Code or reckless homicide under Section 9-3 of the
25Criminal Code of 1961 or the Criminal Code of 2012.
26    (c) The court may, upon a plea of guilty or a stipulation

 

 

SB3029- 34 -LRB099 19084 RJF 43473 b

1by the defendant of the facts supporting the charge or a
2finding of guilt, defer further proceedings and the imposition
3of a sentence, and enter an order for supervision of the
4defendant, if the defendant is not charged with: (i) a Class A
5misdemeanor, as defined by the following provisions of the
6Criminal Code of 1961 or the Criminal Code of 2012: Sections
711-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6;
831-7; paragraphs (2) and (3) of subsection (a) of Section 21-1;
9paragraph (1) through (5), (8), (10), and (11) of subsection
10(a) of Section 24-1; (ii) a Class A misdemeanor violation of
11Section 3.01, 3.03-1, or 4.01 of the Humane Care for Animals
12Act; or (iii) a felony. If the defendant is not barred from
13receiving an order for supervision as provided in this
14subsection, the court may enter an order for supervision after
15considering the circumstances of the offense, and the history,
16character and condition of the offender, if the court is of the
17opinion that:
18        (1) the offender is not likely to commit further
19    crimes;
20        (2) the defendant and the public would be best served
21    if the defendant were not to receive a criminal record; and
22        (3) in the best interests of justice an order of
23    supervision is more appropriate than a sentence otherwise
24    permitted under this Code.
25    (c-5) Subsections (a), (b), and (c) of this Section do not
26apply to a defendant charged with a second or subsequent

 

 

SB3029- 35 -LRB099 19084 RJF 43473 b

1violation of Section 6-303 of the Illinois Vehicle Code
2committed while his or her driver's license, permit or
3privileges were revoked because of a violation of Section 9-3
4of the Criminal Code of 1961 or the Criminal Code of 2012,
5relating to the offense of reckless homicide, or a similar
6provision of a law of another state.
7    (d) The provisions of paragraph (c) shall not apply to a
8defendant charged with violating Section 11-501 of the Illinois
9Vehicle Code or a similar provision of a local ordinance when
10the defendant has previously been:
11        (1) convicted for a violation of Section 11-501 of the
12    Illinois Vehicle Code or a similar provision of a local
13    ordinance or any similar law or ordinance of another state;
14    or
15        (2) assigned supervision for a violation of Section
16    11-501 of the Illinois Vehicle Code or a similar provision
17    of a local ordinance or any similar law or ordinance of
18    another state; or
19        (3) pleaded guilty to or stipulated to the facts
20    supporting a charge or a finding of guilty to a violation
21    of Section 11-503 of the Illinois Vehicle Code or a similar
22    provision of a local ordinance or any similar law or
23    ordinance of another state, and the plea or stipulation was
24    the result of a plea agreement.
25    The court shall consider the statement of the prosecuting
26authority with regard to the standards set forth in this

 

 

SB3029- 36 -LRB099 19084 RJF 43473 b

1Section.
2    (e) The provisions of paragraph (c) shall not apply to a
3defendant charged with violating Section 16-25 or 16A-3 of the
4Criminal Code of 1961 or the Criminal Code of 2012 if said
5defendant has within the last 5 years been:
6        (1) convicted for a violation of Section 16-25 or 16A-3
7    of the Criminal Code of 1961 or the Criminal Code of 2012;
8    or
9        (2) assigned supervision for a violation of Section
10    16-25 or 16A-3 of the Criminal Code of 1961 or the Criminal
11    Code of 2012.
12    The court shall consider the statement of the prosecuting
13authority with regard to the standards set forth in this
14Section.
15    (f) The provisions of paragraph (c) shall not apply to a
16defendant charged with violating Sections 15-111, 15-112,
1715-301, paragraph (b) of Section 6-104, Section 11-605,
18paragraph (d-5) of Section 11-605.1, Section 11-1002.5, or
19Section 11-1414 of the Illinois Vehicle Code or a similar
20provision of a local ordinance.
21    (g) Except as otherwise provided in paragraph (i) of this
22Section, the provisions of paragraph (c) shall not apply to a
23defendant charged with violating Section 3-707, 3-708, 3-710,
24or 5-401.3 of the Illinois Vehicle Code or a similar provision
25of a local ordinance if the defendant has within the last 5
26years been:

 

 

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1        (1) convicted for a violation of Section 3-707, 3-708,
2    3-710, or 5-401.3 of the Illinois Vehicle Code or a similar
3    provision of a local ordinance; or
4        (2) assigned supervision for a violation of Section
5    3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
6    Code or a similar provision of a local ordinance.
7    The court shall consider the statement of the prosecuting
8authority with regard to the standards set forth in this
9Section.
10    (h) The provisions of paragraph (c) shall not apply to a
11defendant under the age of 21 years charged with violating a
12serious traffic offense as defined in Section 1-187.001 of the
13Illinois Vehicle Code:
14        (1) unless the defendant, upon payment of the fines,
15    penalties, and costs provided by law, agrees to attend and
16    successfully complete a traffic safety program approved by
17    the court under standards set by the Conference of Chief
18    Circuit Judges. The accused shall be responsible for
19    payment of any traffic safety program fees. If the accused
20    fails to file a certificate of successful completion on or
21    before the termination date of the supervision order, the
22    supervision shall be summarily revoked and conviction
23    entered. The provisions of Supreme Court Rule 402 relating
24    to pleas of guilty do not apply in cases when a defendant
25    enters a guilty plea under this provision; or
26        (2) if the defendant has previously been sentenced

 

 

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1    under the provisions of paragraph (c) on or after January
2    1, 1998 for any serious traffic offense as defined in
3    Section 1-187.001 of the Illinois Vehicle Code.
4    (h-1) The provisions of paragraph (c) shall not apply to a
5defendant under the age of 21 years charged with an offense
6against traffic regulations governing the movement of vehicles
7or any violation of Section 6-107 or Section 12-603.1 of the
8Illinois Vehicle Code, unless the defendant, upon payment of
9the fines, penalties, and costs provided by law, agrees to
10attend and successfully complete a traffic safety program
11approved by the court under standards set by the Conference of
12Chief Circuit Judges. The accused shall be responsible for
13payment of any traffic safety program fees. If the accused
14fails to file a certificate of successful completion on or
15before the termination date of the supervision order, the
16supervision shall be summarily revoked and conviction entered.
17The provisions of Supreme Court Rule 402 relating to pleas of
18guilty do not apply in cases when a defendant enters a guilty
19plea under this provision.
20    (i) The provisions of paragraph (c) shall not apply to a
21defendant charged with violating Section 3-707 of the Illinois
22Vehicle Code or a similar provision of a local ordinance if the
23defendant has been assigned supervision for a violation of
24Section 3-707 of the Illinois Vehicle Code or a similar
25provision of a local ordinance.
26    (j) The provisions of paragraph (c) shall not apply to a

 

 

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1defendant charged with violating Section 6-303 of the Illinois
2Vehicle Code or a similar provision of a local ordinance when
3the revocation or suspension was for a violation of Section
411-501 or a similar provision of a local ordinance or a
5violation of Section 11-501.1 or paragraph (b) of Section
611-401 of the Illinois Vehicle Code if the defendant has within
7the last 10 years been:
8        (1) convicted for a violation of Section 6-303 of the
9    Illinois Vehicle Code or a similar provision of a local
10    ordinance; or
11        (2) assigned supervision for a violation of Section
12    6-303 of the Illinois Vehicle Code or a similar provision
13    of a local ordinance.
14    (k) The provisions of paragraph (c) shall not apply to a
15defendant charged with violating any provision of the Illinois
16Vehicle Code or a similar provision of a local ordinance that
17governs the movement of vehicles if, within the 12 months
18preceding the date of the defendant's arrest, the defendant has
19been assigned court supervision on 2 occasions for a violation
20that governs the movement of vehicles under the Illinois
21Vehicle Code or a similar provision of a local ordinance. The
22provisions of this paragraph (k) do not apply to a defendant
23charged with violating Section 11-501 of the Illinois Vehicle
24Code or a similar provision of a local ordinance.
25    (l) A defendant charged with violating any provision of the
26Illinois Vehicle Code or a similar provision of a local

 

 

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1ordinance who receives a disposition of supervision under
2subsection (c) shall pay an additional fee of $29, to be
3collected as provided in Sections 27.5 and 27.6 of the Clerks
4of Courts Act. In addition to the $29 fee, the person shall
5also pay a fee of $7.50 $6, which, if not waived by the court,
6shall be collected as provided in Sections 27.5 and 27.6 of the
7Clerks of Courts Act. The $29 fee shall be disbursed as
8provided in Section 16-104c of the Illinois Vehicle Code. If
9the $7.50 $6 fee is collected, $6.50 $5.50 of the fee shall be
10deposited into the Circuit Court Clerk Operation and
11Administrative Fund created by the Clerk of the Circuit Court;
12and 50 cents of the fee shall be deposited into the Prisoner
13Review Board Vehicle and Equipment Fund in the State treasury;
14and 50 cents of the fee shall be deposited into the State's
15Attorneys Appellate Prosecutor Vehicle and Equipment Fund in
16the State treasury.
17    (m) Any person convicted of, pleading guilty to, or placed
18on supervision for a serious traffic violation, as defined in
19Section 1-187.001 of the Illinois Vehicle Code, a violation of
20Section 11-501 of the Illinois Vehicle Code, or a violation of
21a similar provision of a local ordinance shall pay an
22additional fee of $35, to be disbursed as provided in Section
2316-104d of that Code.
24    This subsection (m) becomes inoperative on January 1, 2020.
25    (n) The provisions of paragraph (c) shall not apply to any
26person under the age of 18 who commits an offense against

 

 

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1traffic regulations governing the movement of vehicles or any
2violation of Section 6-107 or Section 12-603.1 of the Illinois
3Vehicle Code, except upon personal appearance of the defendant
4in court and upon the written consent of the defendant's parent
5or legal guardian, executed before the presiding judge. The
6presiding judge shall have the authority to waive this
7requirement upon the showing of good cause by the defendant.
8    (o) The provisions of paragraph (c) shall not apply to a
9defendant charged with violating Section 6-303 of the Illinois
10Vehicle Code or a similar provision of a local ordinance when
11the suspension was for a violation of Section 11-501.1 of the
12Illinois Vehicle Code and when:
13        (1) at the time of the violation of Section 11-501.1 of
14    the Illinois Vehicle Code, the defendant was a first
15    offender pursuant to Section 11-500 of the Illinois Vehicle
16    Code and the defendant failed to obtain a monitoring device
17    driving permit; or
18        (2) at the time of the violation of Section 11-501.1 of
19    the Illinois Vehicle Code, the defendant was a first
20    offender pursuant to Section 11-500 of the Illinois Vehicle
21    Code, had subsequently obtained a monitoring device
22    driving permit, but was driving a vehicle not equipped with
23    a breath alcohol ignition interlock device as defined in
24    Section 1-129.1 of the Illinois Vehicle Code.
25    (p) The provisions of paragraph (c) shall not apply to a
26defendant charged with violating Section 11-601.5 of the

 

 

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1Illinois Vehicle Code or a similar provision of a local
2ordinance when the defendant has previously been:
3        (1) convicted for a violation of Section 11-601.5 of
4    the Illinois Vehicle Code or a similar provision of a local
5    ordinance or any similar law or ordinance of another state;
6    or
7        (2) assigned supervision for a violation of Section
8    11-601.5 of the Illinois Vehicle Code or a similar
9    provision of a local ordinance or any similar law or
10    ordinance of another state.
11    (q) The provisions of paragraph (c) shall not apply to a
12defendant charged with violating subsection (b) of Section
1311-601 or Section 11-601.5 of the Illinois Vehicle Code when
14the defendant was operating a vehicle, in an urban district, at
15a speed that is 26 miles per hour or more in excess of the
16applicable maximum speed limit established under Chapter 11 of
17the Illinois Vehicle Code.
18    (r) The provisions of paragraph (c) shall not apply to a
19defendant charged with violating any provision of the Illinois
20Vehicle Code or a similar provision of a local ordinance if the
21violation was the proximate cause of the death of another and
22the defendant's driving abstract contains a prior conviction or
23disposition of court supervision for any violation of the
24Illinois Vehicle Code, other than an equipment violation, or a
25suspension, revocation, or cancellation of the driver's
26license.

 

 

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1    (s) The provisions of paragraph (c) shall not apply to a
2defendant charged with violating subsection (i) of Section 70
3of the Firearm Concealed Carry Act.
4(Source: P.A. 98-169, eff. 1-1-14; 98-658, eff. 6-23-14;
598-899, eff. 8-15-14; 99-78, eff. 7-20-15; 99-212, eff.
61-1-16.)