|
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB3312 Introduced 2/19/2016, by Sen. Antonio Muņoz 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 | |
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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.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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1 | | AN ACT concerning State government.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The State Police Act is amended by changing |
5 | | Section 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 |
9 | | which shall be known as the State Police Merit Board Public |
10 | | Safety Fund. The Fund shall be used by the State Police Merit |
11 | | Board to provide a cadet program for State Police personnel and |
12 | | to meet all costs associated with the functions of the State |
13 | | Police Merit Board. Notwithstanding any other law to the |
14 | | contrary, the State Police Merit Board Public Safety Fund is |
15 | | not subject to sweeps, administrative charge-backs, or any |
16 | | other fiscal or budgetary maneuver that would in any way |
17 | | transfer any amounts from the State Police Merit Board Public |
18 | | Safety Fund into any other fund of the State. |
19 | | (b) The Fund may receive State appropriations, gifts, |
20 | | grants, and federal funds and shall include earnings from the |
21 | | investment of moneys in the Fund. |
22 | | (c) The administration of this Fund shall be the |
23 | | responsibility of the State Police Merit Board. The Board shall |
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1 | | establish terms and conditions for the operation of the Fund. |
2 | | The Board shall establish and implement fiscal controls and |
3 | | accounting periods for programs operated using the Fund. All |
4 | | fees or moneys received by the State Treasurer under subsection |
5 | | (n) of Section 27.6 of the Clerks of Courts Act shall be |
6 | | deposited into the Fund. Such an additional penalty shall not |
7 | | be considered a part of the fine for purposes of any reduction |
8 | | the fine for time served, either before or after sentencing. |
9 | | The moneys deposited in the State Police Merit Board Public |
10 | | Safety Fund shall be appropriated , on a continuing basis, to |
11 | | the State Police Merit Board for expenses of the Board for the |
12 | | administration and conduct of all its programs for State Police |
13 | | personnel.
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14 | | (Source: P.A. 97-1051, eff. 1-1-13.) |
15 | | Section 10. The Illinois Vehicle Code is amended by adding |
16 | | Section 16-104f as follows: |
17 | | (625 ILCS 5/16-104f new) |
18 | | Sec. 16-104f. Amounts for State Police Merit Board Public |
19 | | Safety Fund. In counties that have elected not to distribute |
20 | | moneys under the disbursement formulas in Sections 27.5 and |
21 | | 27.6 of the Clerks of Courts Act, the court shall impose a fine |
22 | | of $15, in addition to any other fines and court costs |
23 | | assessed, for any person who is convicted, or receives a |
24 | | disposition of court supervision for a violation of this Code, |
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1 | | or a similar provision of a local ordinance. This additional |
2 | | fine of $15 shall be payable to the clerk of the circuit court |
3 | | and shall not be considered a part of the fine for purposes of |
4 | | any reduction in the fine for time served, either before or |
5 | | after sentencing. This amount shall be remitted by the clerk to |
6 | | the State Treasurer within 60 days after receipt for deposit in |
7 | | to the State Merit Board Public Safety Fund for distribution as |
8 | | provided under Section 7.2 of the State Police Act. Of the |
9 | | fine, 2.5% shall be deposited into the Circuit Court Operation |
10 | | and Administration fund created by the clerk of the circuit |
11 | | court to be used to offset the costs incurred by the circuit |
12 | | court clerk in performing the additional duties required to |
13 | | collect and disburse funds as provided by law. |
14 | | Section 15. The Clerks of Courts Act is amended by changing |
15 | | Section 27.6 as follows:
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16 | | (705 ILCS 105/27.6)
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17 | | (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625, |
18 | | 96-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150, |
19 | | 98-658, 98-1013, 99-78, and 99-455) |
20 | | Sec. 27.6. (a) All fees, fines, costs, additional |
21 | | penalties, bail balances
assessed or forfeited, and any other |
22 | | amount paid by a person to the circuit
clerk equalling an |
23 | | amount of $55 or more, except the fine imposed by Section |
24 | | 5-9-1.15
of the Unified Code of Corrections, the additional fee |
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1 | | required
by subsections (b) and (c), restitution under Section |
2 | | 5-5-6 of the
Unified Code of Corrections, contributions to a |
3 | | local anti-crime program ordered pursuant to Section |
4 | | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of |
5 | | Corrections, reimbursement for the costs of an emergency
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6 | | response as provided under Section 11-501 of the Illinois |
7 | | Vehicle Code,
any fees collected for attending a traffic safety |
8 | | program under paragraph (c)
of Supreme Court Rule 529, any fee |
9 | | collected on behalf of a State's Attorney
under Section 4-2002 |
10 | | of the Counties Code or a sheriff under Section 4-5001
of the |
11 | | Counties Code, or any cost imposed under Section 124A-5 of the |
12 | | Code of
Criminal Procedure of 1963, for convictions, orders of |
13 | | supervision, or any
other disposition for a violation of |
14 | | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a |
15 | | similar provision of a local ordinance, and any
violation of |
16 | | the Child Passenger Protection Act, or a similar provision of a
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17 | | local ordinance, and except as otherwise provided in this |
18 | | Section
shall be disbursed
within 60 days after receipt by the |
19 | | circuit
clerk as follows: 44.5% shall be disbursed to the |
20 | | entity authorized by law to
receive the fine imposed in the |
21 | | case; 16.825% shall be disbursed to the State
Treasurer; and |
22 | | 38.675% shall be disbursed to the county's general corporate
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23 | | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 |
24 | | shall be deposited
by the State Treasurer into the Violent |
25 | | Crime Victims Assistance Fund, 5.052/17
shall be deposited into |
26 | | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall |
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1 | | be deposited into the Drivers Education Fund, and 6.948/17 |
2 | | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 |
3 | | deposited into the
Trauma Center Fund from the 16.825% |
4 | | disbursed to the State Treasurer, 50% shall
be disbursed to the |
5 | | Department of Public Health and 50% shall be disbursed to
the |
6 | | Department of Healthcare and Family Services. For fiscal year |
7 | | 1993, amounts deposited into
the Violent Crime Victims |
8 | | Assistance Fund, the Traffic and Criminal
Conviction Surcharge |
9 | | Fund, or the Drivers Education Fund shall not exceed 110%
of |
10 | | the amounts deposited into those funds in fiscal year 1991. Any
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11 | | amount that exceeds the 110% limit shall be distributed as |
12 | | follows: 50%
shall be disbursed to the county's general |
13 | | corporate fund and 50% shall be
disbursed to the entity |
14 | | authorized by law to receive the fine imposed in
the case. Not |
15 | | later than March 1 of each year the circuit clerk
shall submit |
16 | | a report of the amount of funds remitted to the State
Treasurer |
17 | | under this Section during the preceding year based upon
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18 | | independent verification of fines and fees. All counties shall |
19 | | be subject
to this Section, except that counties with a |
20 | | population under 2,000,000
may, by ordinance, elect not to be |
21 | | subject to this Section. For offenses
subject to this Section, |
22 | | judges shall impose one total sum of money payable
for |
23 | | violations. The circuit clerk may add on no additional amounts |
24 | | except
for amounts that are required by Sections 27.3a and |
25 | | 27.3c of
this Act, unless those amounts are specifically waived |
26 | | by the judge. With
respect to money collected by the circuit |
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1 | | clerk as a result of
forfeiture of bail, ex parte judgment or |
2 | | guilty plea pursuant to Supreme
Court Rule 529, the circuit |
3 | | clerk shall first deduct and pay amounts
required by Sections |
4 | | 27.3a and 27.3c of this Act. This Section is a denial
and |
5 | | limitation of home rule powers and functions under subsection |
6 | | (h) of
Section 6 of Article VII of the Illinois Constitution.
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7 | | (b) In addition to any other fines and court costs assessed |
8 | | by the courts,
any person convicted or receiving an order of |
9 | | supervision for driving under
the influence of alcohol or drugs |
10 | | shall pay an additional fee of $100 to the
clerk of the circuit |
11 | | court. This amount, less 2 1/2% that shall be used to
defray |
12 | | administrative costs incurred by the clerk, shall be remitted |
13 | | by the
clerk to the Treasurer within 60 days after receipt for |
14 | | deposit into the Trauma
Center Fund. This additional fee of |
15 | | $100 shall not be considered a part of the
fine for purposes of |
16 | | any reduction in the fine for time served either before or
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17 | | after sentencing. Not later than March 1 of each year the |
18 | | Circuit Clerk shall
submit a report of the amount of funds |
19 | | remitted to the State Treasurer under
this subsection during |
20 | | the preceding calendar year.
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21 | | (b-1) In addition to any other fines and court costs |
22 | | assessed by the courts,
any person convicted or receiving an |
23 | | order of supervision for driving under the
influence of alcohol |
24 | | or drugs shall pay an additional fee of $5 to the clerk
of the |
25 | | circuit court. This amount, less
2 1/2% that shall be used to |
26 | | defray administrative costs incurred by the clerk,
shall be |
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1 | | remitted by the clerk to the Treasurer within 60 days after |
2 | | receipt
for deposit into the Spinal Cord Injury Paralysis Cure |
3 | | Research Trust Fund.
This additional fee of $5 shall not
be |
4 | | considered a part of the fine for purposes of any reduction in |
5 | | the fine for
time served either before or after sentencing. Not |
6 | | later than March 1 of each
year the Circuit Clerk shall submit |
7 | | a report of the amount of funds remitted to
the State Treasurer |
8 | | under this subsection during the preceding calendar
year.
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9 | | (c) In addition to any other fines and court costs assessed |
10 | | by the courts,
any person convicted for a violation of Sections |
11 | | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or the |
12 | | Criminal Code of 2012 or a person sentenced for a violation of |
13 | | the Cannabis
Control Act, the Illinois Controlled Substances |
14 | | Act, or the Methamphetamine Control and Community Protection |
15 | | Act
shall pay an additional fee of $100 to the clerk
of the |
16 | | circuit court. This amount, less
2 1/2% that shall be used to |
17 | | defray administrative costs incurred by the clerk,
shall be |
18 | | remitted by the clerk to the Treasurer within 60 days after |
19 | | receipt
for deposit into the Trauma Center Fund. This |
20 | | additional fee of $100 shall not
be considered a part of the |
21 | | fine for purposes of any reduction in the fine for
time served |
22 | | either before or after sentencing. Not later than March 1 of |
23 | | each
year the Circuit Clerk shall submit a report of the amount |
24 | | of funds remitted to
the State Treasurer under this subsection |
25 | | during the preceding calendar year.
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26 | | (c-1) In addition to any other fines and court costs |
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1 | | assessed by the
courts, any person sentenced for a violation of |
2 | | the Cannabis Control Act,
the Illinois Controlled Substances |
3 | | Act, or the Methamphetamine Control and Community Protection |
4 | | Act shall pay an additional fee of $5 to the
clerk of the |
5 | | circuit court. This amount, less 2 1/2% that shall be used to
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6 | | defray administrative costs incurred by the clerk, shall be |
7 | | remitted by the
clerk to the Treasurer within 60 days after |
8 | | receipt for deposit into the Spinal
Cord Injury Paralysis Cure |
9 | | Research Trust Fund. This additional fee of $5
shall not be |
10 | | considered a part of the fine for purposes of any reduction in |
11 | | the
fine for time served either before or after sentencing. Not |
12 | | later than March 1
of each year the Circuit Clerk shall submit |
13 | | a report of the amount of funds
remitted to the State Treasurer |
14 | | under this subsection during the preceding
calendar year.
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15 | | (d) The following amounts must be remitted to the State |
16 | | Treasurer for
deposit into the Illinois Animal Abuse Fund:
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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;
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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
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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.
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5 | | (e) Any person who receives a disposition of court |
6 | | supervision for a violation of the Illinois Vehicle Code or a |
7 | | similar provision of a local ordinance shall, in addition to |
8 | | any other fines, fees, and court costs, pay an additional fee |
9 | | of $29, to be disbursed as provided in Section 16-104c of the |
10 | | Illinois Vehicle Code. In addition to the fee of $29, the |
11 | | person shall also pay a fee of $6, if not waived by the court. |
12 | | If this $6 fee is collected, $5.50 of the fee shall be |
13 | | deposited into the Circuit Court Clerk Operation and |
14 | | Administrative Fund created by the Clerk of the Circuit Court |
15 | | and 50 cents of the fee shall be deposited into the Prisoner |
16 | | Review Board Vehicle and Equipment Fund in the State treasury.
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17 | | (f) This Section does not apply to the additional child |
18 | | pornography fines assessed and collected under Section |
19 | | 5-9-1.14 of the Unified Code of Corrections.
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20 | | (g) (Blank). |
21 | | (h) (Blank). |
22 | | (i)
Of the amounts collected as fines under subsection (b) |
23 | | of Section 3-712 of the Illinois Vehicle Code, 99% shall be |
24 | | deposited into the Illinois Military Family Relief Fund and 1% |
25 | | shall be deposited into the Circuit Court Clerk Operation and |
26 | | Administrative Fund created by the Clerk of the Circuit Court |
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1 | | to be used to offset the costs incurred by the Circuit Court |
2 | | Clerk in performing the additional duties required to collect |
3 | | and disburse funds to entities of State and local government as |
4 | | provided by law.
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5 | | (j) Any person convicted of, pleading guilty to, or placed |
6 | | on supervision for a serious traffic violation, as defined in |
7 | | Section 1-187.001 of the Illinois Vehicle Code, a violation of |
8 | | Section 11-501 of the Illinois Vehicle Code, or a violation of |
9 | | a similar provision of a local ordinance shall pay an |
10 | | additional fee of $35, to be disbursed as provided in Section |
11 | | 16-104d of that Code. |
12 | | This subsection (j) becomes inoperative on January 1, 2020. |
13 | | (k) For any conviction or disposition of court supervision |
14 | | for a violation of Section 11-1429 of the Illinois Vehicle |
15 | | Code, the circuit clerk shall distribute the fines paid by the |
16 | | person as specified by subsection (h) of Section 11-1429 of the |
17 | | Illinois Vehicle Code. |
18 | | (l) Any person who receives a disposition of court |
19 | | supervision for a violation of Section 11-501 of the Illinois |
20 | | Vehicle Code or a similar provision of a local ordinance shall, |
21 | | in addition to any other fines, fees, and court costs, pay an |
22 | | additional fee of $50, which shall
be collected by the circuit |
23 | | clerk and then remitted to the State Treasurer for deposit into |
24 | | the Roadside Memorial Fund, a special fund in the State |
25 | | treasury. However, the court may waive the fee if full |
26 | | restitution is complied with. Subject to appropriation, all |
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1 | | moneys in the Roadside Memorial Fund shall be used by the |
2 | | Department of Transportation to pay fees imposed under |
3 | | subsection (f) of Section 20 of the Roadside Memorial Act. The |
4 | | fee shall be remitted by the circuit clerk within one month |
5 | | after receipt to the State Treasurer for deposit into the |
6 | | Roadside Memorial Fund. |
7 | | (m) Of the amounts collected as fines under subsection (c) |
8 | | of Section 411.4 of the Illinois Controlled Substances Act or |
9 | | subsection (c) of Section 90 of the Methamphetamine Control and |
10 | | Community Protection Act, 99% shall be deposited to the law |
11 | | enforcement agency or fund specified and 1% shall be deposited |
12 | | into the Circuit Court Clerk Operation and Administrative Fund |
13 | | to be used to offset the costs incurred by the Circuit Court |
14 | | Clerk in performing the additional duties required to collect |
15 | | and disburse funds to entities of State and local government as |
16 | | provided by law. |
17 | | (n) In addition to any other fines and court costs assessed |
18 | | by the courts, any person who is convicted of or pleads guilty |
19 | | to a violation of the Criminal Code of 1961 or the Criminal |
20 | | Code of 2012, or a similar provision of a local ordinance, or |
21 | | who is convicted of, pleads guilty to, or receives a |
22 | | disposition of court supervision for a violation of the |
23 | | Illinois Vehicle Code, or a similar provision of a local |
24 | | ordinance, or the Criminal Code of 1961 or the Criminal Code of |
25 | | 2012, the court shall impose pay an additional fine fee of $15 |
26 | | to the clerk of the circuit court. This additional fine fee of |
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1 | | $15 shall not be considered a part of the fine for purposes of |
2 | | any reduction in the fine for time served either before or |
3 | | after sentencing. This amount , less 2.5% that shall be used to |
4 | | defray administrative costs incurred by the clerk, shall be |
5 | | remitted by the clerk to the State Treasurer within 60 days |
6 | | after receipt for deposit into the State Police Merit Board |
7 | | Public Safety Fund for distribution as provided under Section |
8 | | 7.2 of the State Police Act. Of this fine, 2.5% shall be |
9 | | deposited into the Circuit Court Clerk Operation and |
10 | | Administration Fund created by the clerk of the circuit court |
11 | | to be used to offset the costs incurred by the circuit court |
12 | | clerk in performing the additional duties required to collect |
13 | | and disburse funds as provided by law . |
14 | | (o) The amounts collected as fines under Sections 10-9, |
15 | | 11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall |
16 | | be collected by the circuit clerk and distributed as provided |
17 | | under Section 5-9-1.21 of the Unified Code of Corrections in |
18 | | lieu of any disbursement under subsection (a) of this Section. |
19 | | (p) In addition to any other fees and penalties imposed, |
20 | | any person who is convicted of or pleads guilty to a violation |
21 | | of Section 20-1 or Section 20-1.1 of the Criminal Code of 2012 |
22 | | shall pay an additional fee of $250 to the clerk of the circuit |
23 | | court. This additional fee of $250 shall not be considered a |
24 | | part of the fine for purposes of any reduction in the fine for |
25 | | time served either before or after sentencing. This amount, |
26 | | less 2.5% that shall be used to defray administrative costs |
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1 | | incurred by the clerk, shall be remitted by the clerk to the |
2 | | Department of Insurance within 60 days after receipt for |
3 | | deposit into the George Bailey Memorial Fund. |
4 | | (Source: P.A. 98-658, eff. 6-23-14; 98-1013, eff. 1-1-15; |
5 | | 99-78, 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, |
7 | | 96-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150, |
8 | | 98-658, 98-1013, 99-78, and 99-455) |
9 | | Sec. 27.6. (a) All fees, fines, costs, additional |
10 | | penalties, bail balances
assessed or forfeited, and any other |
11 | | amount paid by a person to the circuit
clerk equalling an |
12 | | amount of $55 or more, except the fine imposed by Section |
13 | | 5-9-1.15
of the Unified Code of Corrections, the additional fee |
14 | | required
by subsections (b) and (c), restitution under Section |
15 | | 5-5-6 of the
Unified Code of Corrections, contributions to a |
16 | | local anti-crime program ordered pursuant to Section |
17 | | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of |
18 | | Corrections, reimbursement for the costs of an emergency
|
19 | | response as provided under Section 11-501 of the Illinois |
20 | | Vehicle Code,
any fees collected for attending a traffic safety |
21 | | program under paragraph (c)
of Supreme Court Rule 529, any fee |
22 | | collected on behalf of a State's Attorney
under Section 4-2002 |
23 | | of the Counties Code or a sheriff under Section 4-5001
of the |
24 | | Counties Code, or any cost imposed under Section 124A-5 of the |
25 | | Code of
Criminal Procedure of 1963, for convictions, orders of |
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1 | | supervision, or any
other disposition for a violation of |
2 | | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a |
3 | | similar provision of a local ordinance, and any
violation of |
4 | | the Child Passenger Protection Act, or a similar provision of a
|
5 | | local ordinance, and except as otherwise provided in this |
6 | | Section
shall be disbursed
within 60 days after receipt by the |
7 | | circuit
clerk as follows: 44.5% shall be disbursed to the |
8 | | entity authorized by law to
receive the fine imposed in the |
9 | | case; 16.825% shall be disbursed to the State
Treasurer; and |
10 | | 38.675% shall be disbursed to the county's general corporate
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11 | | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 |
12 | | shall be deposited
by the State Treasurer into the Violent |
13 | | Crime Victims Assistance Fund, 5.052/17
shall be deposited into |
14 | | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall |
15 | | be deposited into the Drivers Education Fund, and 6.948/17 |
16 | | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 |
17 | | deposited into the
Trauma Center Fund from the 16.825% |
18 | | disbursed to the State Treasurer, 50% shall
be disbursed to the |
19 | | Department of Public Health and 50% shall be disbursed to
the |
20 | | Department of Healthcare and Family Services. For fiscal year |
21 | | 1993, amounts deposited into
the Violent Crime Victims |
22 | | Assistance Fund, the Traffic and Criminal
Conviction Surcharge |
23 | | Fund, or the Drivers Education Fund shall not exceed 110%
of |
24 | | the amounts deposited into those funds in fiscal year 1991. Any
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25 | | amount that exceeds the 110% limit shall be distributed as |
26 | | follows: 50%
shall be disbursed to the county's general |
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1 | | corporate fund and 50% shall be
disbursed to the entity |
2 | | authorized by law to receive the fine imposed in
the case. Not |
3 | | later than March 1 of each year the circuit clerk
shall submit |
4 | | a report of the amount of funds remitted to the State
Treasurer |
5 | | under this Section during the preceding year based upon
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6 | | independent verification of fines and fees. All counties shall |
7 | | be subject
to this Section, except that counties with a |
8 | | population under 2,000,000
may, by ordinance, elect not to be |
9 | | subject to this Section. For offenses
subject to this Section, |
10 | | judges shall impose one total sum of money payable
for |
11 | | violations. The circuit clerk may add on no additional amounts |
12 | | except
for amounts that are required by Sections 27.3a and |
13 | | 27.3c of
this Act, Section 16-104c of the Illinois Vehicle |
14 | | Code, and subsection (a) of Section 5-1101 of the Counties |
15 | | Code, unless those amounts are specifically waived by the |
16 | | judge. With
respect to money collected by the circuit clerk as |
17 | | a result of
forfeiture of bail, ex parte judgment or guilty |
18 | | plea pursuant to Supreme
Court Rule 529, the circuit clerk |
19 | | shall first deduct and pay amounts
required by Sections 27.3a |
20 | | and 27.3c of this Act. Unless a court ordered payment schedule |
21 | | is implemented or fee requirements are waived pursuant to court |
22 | | order, the clerk of the court may add to any unpaid fees and |
23 | | costs a delinquency amount equal to 5% of the unpaid fees that |
24 | | remain unpaid after 30 days, 10% of the unpaid fees that remain |
25 | | unpaid after 60 days, and 15% of the unpaid fees that remain |
26 | | unpaid after 90 days. Notice to those parties may be made by |
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1 | | signage posting or publication. The additional delinquency |
2 | | amounts collected under this Section shall be deposited in the |
3 | | Circuit Court Clerk Operation and Administrative Fund to be |
4 | | used to defray administrative costs incurred by the circuit |
5 | | clerk in performing the duties required to collect and disburse |
6 | | funds. This Section is a denial
and limitation of home rule |
7 | | powers and functions under subsection (h) of
Section 6 of |
8 | | Article VII of the Illinois Constitution.
|
9 | | (b) In addition to any other fines and court costs assessed |
10 | | by the courts,
any person convicted or receiving an order of |
11 | | supervision for driving under
the influence of alcohol or drugs |
12 | | shall pay an additional fee of $100 to the
clerk of the circuit |
13 | | court. This amount, less 2 1/2% that shall be used to
defray |
14 | | administrative costs incurred by the clerk, shall be remitted |
15 | | by the
clerk to the Treasurer within 60 days after receipt for |
16 | | deposit into the Trauma
Center Fund. This additional fee of |
17 | | $100 shall not be considered a part of the
fine for purposes of |
18 | | any reduction in the fine for time served either before or
|
19 | | after sentencing. Not later than March 1 of each year the |
20 | | Circuit Clerk shall
submit a report of the amount of funds |
21 | | remitted to the State Treasurer under
this subsection during |
22 | | the preceding calendar year.
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23 | | (b-1) In addition to any other fines and court costs |
24 | | assessed by the courts,
any person convicted or receiving an |
25 | | order of supervision for driving under the
influence of alcohol |
26 | | or drugs shall pay an additional fee of $5 to the clerk
of the |
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1 | | circuit court. This amount, less
2 1/2% that shall be used to |
2 | | defray administrative costs incurred by the clerk,
shall be |
3 | | remitted by the clerk to the Treasurer within 60 days after |
4 | | receipt
for deposit into the Spinal Cord Injury Paralysis Cure |
5 | | Research Trust Fund.
This additional fee of $5 shall not
be |
6 | | considered a part of the fine for purposes of any reduction in |
7 | | the fine for
time served either before or after sentencing. Not |
8 | | later than March 1 of each
year the Circuit Clerk shall submit |
9 | | a report of the amount of funds remitted to
the State Treasurer |
10 | | under this subsection during the preceding calendar
year.
|
11 | | (c) In addition to any other fines and court costs assessed |
12 | | by the courts,
any person convicted for a violation of Sections |
13 | | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or the |
14 | | Criminal Code of 2012 or a person sentenced for a violation of |
15 | | the Cannabis
Control Act, the Illinois Controlled Substances |
16 | | Act, or the Methamphetamine Control and Community Protection |
17 | | Act
shall pay an additional fee of $100 to the clerk
of the |
18 | | circuit court. This amount, less
2 1/2% that shall be used to |
19 | | defray administrative costs incurred by the clerk,
shall be |
20 | | remitted by the clerk to the Treasurer within 60 days after |
21 | | receipt
for deposit into the Trauma Center Fund. This |
22 | | additional fee of $100 shall not
be considered a part of the |
23 | | fine for purposes of any reduction in the fine for
time served |
24 | | either before or after sentencing. Not later than March 1 of |
25 | | each
year the Circuit Clerk shall submit a report of the amount |
26 | | of funds remitted to
the State Treasurer under this subsection |
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1 | | during the preceding calendar year.
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2 | | (c-1) In addition to any other fines and court costs |
3 | | assessed by the
courts, any person sentenced for a violation of |
4 | | the Cannabis Control Act,
the Illinois Controlled Substances |
5 | | Act, or the Methamphetamine Control and Community Protection |
6 | | Act shall pay an additional fee of $5 to the
clerk of the |
7 | | circuit court. This amount, less 2 1/2% that shall be used to
|
8 | | defray administrative costs incurred by the clerk, shall be |
9 | | remitted by the
clerk to the Treasurer within 60 days after |
10 | | receipt for deposit into the Spinal
Cord Injury Paralysis Cure |
11 | | Research Trust Fund. This additional fee of $5
shall not be |
12 | | considered a part of the fine for purposes of any reduction in |
13 | | the
fine for time served either before or after sentencing. Not |
14 | | later than March 1
of each year the Circuit Clerk shall submit |
15 | | a report of the amount of funds
remitted to the State Treasurer |
16 | | under this subsection during the preceding
calendar year.
|
17 | | (d) The following amounts must be remitted to the State |
18 | | Treasurer 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 |
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1 | | for Animals Act and Section 26-5 or 48-1 of the Criminal
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2 | | Code of 1961 or the Criminal Code of 2012; and
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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 |
8 | | supervision for a violation of the Illinois Vehicle Code or a |
9 | | similar provision of a local ordinance shall, in addition to |
10 | | any other fines, fees, and court costs, pay an additional fee |
11 | | of $29, to be disbursed as provided in Section 16-104c of the |
12 | | Illinois Vehicle Code. In addition to the fee of $29, the |
13 | | person shall also pay a fee of $6, if not waived by the court. |
14 | | If this $6 fee is collected, $5.50 of the fee shall be |
15 | | deposited into the Circuit Court Clerk Operation and |
16 | | Administrative Fund created by the Clerk of the Circuit Court |
17 | | and 50 cents of the fee shall be deposited into the Prisoner |
18 | | Review Board Vehicle and Equipment Fund in the State treasury.
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19 | | (f) This Section does not apply to the additional child |
20 | | pornography fines assessed and collected under Section |
21 | | 5-9-1.14 of the Unified Code of Corrections.
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22 | | (g) Any person convicted of or pleading guilty to a serious |
23 | | traffic violation, as defined in Section 1-187.001 of the |
24 | | Illinois Vehicle Code, shall pay an additional fee of $35, to |
25 | | be disbursed as provided in Section 16-104d of that Code. This |
26 | | subsection (g) becomes inoperative on January 1, 2020. |
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1 | | (h) In all counties having a population of 3,000,000 or |
2 | | more 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 |
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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 |
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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) |
13 | | of Section 3-712 of the Illinois Vehicle Code, 99% shall be |
14 | | deposited into the Illinois Military Family Relief Fund and 1% |
15 | | shall be deposited into the Circuit Court Clerk Operation and |
16 | | Administrative Fund created by the Clerk of the Circuit Court |
17 | | to be used to offset the costs incurred by the Circuit Court |
18 | | Clerk in performing the additional duties required to collect |
19 | | and disburse funds to entities of State and local government as |
20 | | provided by law.
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21 | | (j) (Blank). |
22 | | (k) For any conviction or disposition of court supervision |
23 | | for a violation of Section 11-1429 of the Illinois Vehicle |
24 | | Code, the circuit clerk shall distribute the fines paid by the |
25 | | person as specified by subsection (h) of Section 11-1429 of the |
26 | | Illinois Vehicle Code. |
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1 | | (l) Any person who receives a disposition of court |
2 | | supervision for a violation of Section 11-501 of the Illinois |
3 | | Vehicle Code or a similar provision of a local ordinance shall, |
4 | | in addition to any other fines, fees, and court costs, pay an |
5 | | additional fee of $50, which shall
be collected by the circuit |
6 | | clerk and then remitted to the State Treasurer for deposit into |
7 | | the Roadside Memorial Fund, a special fund in the State |
8 | | treasury. However, the court may waive the fee if full |
9 | | restitution is complied with. Subject to appropriation, all |
10 | | moneys in the Roadside Memorial Fund shall be used by the |
11 | | Department of Transportation to pay fees imposed under |
12 | | subsection (f) of Section 20 of the Roadside Memorial Act. The |
13 | | fee shall be remitted by the circuit clerk within one month |
14 | | after receipt to the State Treasurer for deposit into the |
15 | | Roadside Memorial Fund. |
16 | | (m) Of the amounts collected as fines under subsection (c) |
17 | | of Section 411.4 of the Illinois Controlled Substances Act or |
18 | | subsection (c) of Section 90 of the Methamphetamine Control and |
19 | | Community Protection Act, 99% shall be deposited to the law |
20 | | enforcement agency or fund specified and 1% shall be deposited |
21 | | into the Circuit Court Clerk Operation and Administrative Fund |
22 | | to be used to offset the costs incurred by the Circuit Court |
23 | | Clerk in performing the additional duties required to collect |
24 | | and disburse funds to entities of State and local government as |
25 | | provided by law. |
26 | | (n) In addition to any other fines and court costs assessed |
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1 | | by the courts, any person who is convicted of or pleads guilty |
2 | | to a violation of the Criminal Code of 1961 or the Criminal |
3 | | Code of 2012, or a similar provision of a local ordinance, or |
4 | | who is convicted of, pleads guilty to, or receives a |
5 | | disposition of court supervision for a violation of the |
6 | | Illinois Vehicle Code, or a similar provision of a local |
7 | | ordinance, or the Criminal Code of 1961 or the Criminal Code of |
8 | | 2012, the court shall impose pay an additional fine fee of $15 |
9 | | to the clerk of the circuit court. This additional fine fee of |
10 | | $15 shall not be considered a part of the fine for purposes of |
11 | | any reduction in the fine for time served either before or |
12 | | after sentencing. This amount , less 2.5% that shall be used to |
13 | | defray administrative costs incurred by the clerk, shall be |
14 | | remitted by the clerk to the State Treasurer within 60 days |
15 | | after receipt for deposit into the State Police Merit Board |
16 | | Public Safety Fund for distribution as provided under Section |
17 | | 7.2 of the State Police Act. Of this fine, 2.5% shall be |
18 | | deposited into the Circuit Court Clerk Operation and |
19 | | Administration Fund created by the clerk of the circuit court |
20 | | to be used to offset the costs incurred by the circuit court |
21 | | clerk in performing the additional duties required to collect |
22 | | and disburse funds as provided by law . |
23 | | (o) The amounts collected as fines under Sections 10-9, |
24 | | 11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall |
25 | | be collected by the circuit clerk and distributed as provided |
26 | | under Section 5-9-1.21 of the Unified Code of Corrections in |
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1 | | lieu of any disbursement under subsection (a) of this Section. |
2 | | (p) In addition to any other fees and penalties imposed, |
3 | | any person who is convicted of or pleads guilty to a violation |
4 | | of Section 20-1 or Section 20-1.1 of the Criminal Code of 2012 |
5 | | shall pay an additional fee of $250 to the clerk of the circuit |
6 | | court. This additional fee of $250 shall not be considered a |
7 | | part of the fine for purposes of any reduction in the fine for |
8 | | time served either before or after sentencing. This amount, |
9 | | less 2.5% that shall be used to defray administrative costs |
10 | | incurred by the clerk, shall be remitted by the clerk to the |
11 | | Department of Insurance within 60 days after receipt for |
12 | | deposit into the George Bailey Memorial Fund. |
13 | | (Source: P.A. 98-658, eff. 6-23-14; 98-1013, eff. 1-1-15; |
14 | | 99-78, eff. 7-20-15; 99-455, eff. 1-1-16.) |
15 | | Section 20. The Unified Code of Corrections is amended by |
16 | | adding 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 |
19 | | to any other fines imposed by the court, any person who is |
20 | | convicted of, or receives a disposition of court supervision, |
21 | | for any violation of the Criminal Code of 1961 or the Criminal |
22 | | Code of 2012, the court shall impose an additional fine of $15 |
23 | | payable to the clerk of the circuit court. This additional fine |
24 | | of $15 shall not be considered a part of the fine for purposes |
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1 | | of reducing the fine for time served, either before or after |
2 | | sentencing. This additional fine shall be remitted by the clerk |
3 | | to the State Treasurer within 60 days after receipt for deposit |
4 | | into the State Police Merit Board Public Safety Fund for |
5 | | distribution as provided under Section 7.2 of the State Police |
6 | | Act. Of this fine, 2.5% shall be deposited into the Circuit |
7 | | Court Clerk Operation and Administration Fund created by the |
8 | | clerk of the circuit court to be used to offset the costs |
9 | | incurred by the circuit court clerk in performing the |
10 | | additional duties required to collect and disburse funds as |
11 | | provided by law.
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