Full Text of HB3504 94th General Assembly
HB3504enr 94TH GENERAL ASSEMBLY
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HB3504 Enrolled |
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LRB094 08206 RLC 38393 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The State Finance Act is amended by adding | 5 |
| Section 5.640 as follows: | 6 |
| (30 ILCS 105/5.640 new)
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| Sec. 5.640. The Methamphetamine Law Enforcement Fund.
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| Section 10. The Unified Code of Corrections is amended by | 9 |
| changing Sections 5-9-1.1 and 5-9-1.2 and by adding Section | 10 |
| 5-9-1.1-5 as follows:
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| (730 ILCS 5/5-9-1.1) (from Ch. 38, par. 1005-9-1.1)
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| Sec. 5-9-1.1. Drug related offenses.
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| (a) When a person has been adjudged guilty of a drug | 14 |
| related
offense involving possession or delivery of cannabis or | 15 |
| possession or delivery
of a controlled substance , other than | 16 |
| methamphetamine, as defined in the Cannabis Control Act, as | 17 |
| amended,
or the Illinois Controlled Substances Act, as amended, | 18 |
| in addition to any
other penalty imposed, a fine shall be | 19 |
| levied by the court at not less than
the full street value of | 20 |
| the cannabis or controlled substances seized.
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| "Street value" shall be determined by the court on the | 22 |
| basis of testimony
of law enforcement personnel and the | 23 |
| defendant as to the amount seized and
such testimony as may be | 24 |
| required by the court as to the current street
value of the | 25 |
| cannabis or controlled substance seized.
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| (b) In addition to any penalty imposed under subsection (a) | 27 |
| of this
Section, a fine of
$100 shall be levied by the court, | 28 |
| the proceeds of which
shall be collected by the Circuit Clerk | 29 |
| and remitted to the State Treasurer
under Section 27.6 of the | 30 |
| Clerks of Courts Act
for deposit into the Trauma
Center Fund |
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HB3504 Enrolled |
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LRB094 08206 RLC 38393 b |
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| for distribution as provided under Section 3.225 of the | 2 |
| Emergency
Medical Services (EMS) Systems Act.
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| (c) In addition to any penalty imposed under subsection (a) | 4 |
| of this
Section, a fee of $5 shall be assessed by the court, | 5 |
| the proceeds of which
shall be collected by the Circuit Clerk | 6 |
| and remitted to the State Treasurer
under Section 27.6 of the | 7 |
| Clerks of Courts Act for deposit into the Spinal Cord
Injury | 8 |
| Paralysis Cure Research Trust Fund.
This additional fee of $5 | 9 |
| shall not be considered a part of the fine for
purposes of any | 10 |
| reduction in the fine for time served either before or after
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| sentencing.
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| (Source: P.A. 92-431, eff. 1-1-02.)
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| (730 ILCS 5/5-9-1.1-5 new)
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| Sec. 5-9-1.1-5. Methamphetamine related offenses. | 15 |
| (a) When a person has been adjudged guilty of a | 16 |
| methamphetamine related
offense involving possession or | 17 |
| delivery of methamphetamine or any salt of an optical isomer of | 18 |
| methamphetamine or possession of a methamphetamine | 19 |
| manufacturing chemical set forth in paragraph (z-1) of Section | 20 |
| 102 of the Illinois Controlled Substances Act with the intent | 21 |
| to manufacture a substance containing methamphetamine or salt | 22 |
| of an optical isomer of methamphetamine, in addition to any
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| other penalty imposed, a fine shall be levied by the court at | 24 |
| not less than
the full street value of the methamphetamine or | 25 |
| salt of an optical isomer of methamphetamine or methamphetamine | 26 |
| manufacturing chemicals seized. | 27 |
| "Street value" shall be determined by the court on the | 28 |
| basis of testimony
of law enforcement personnel and the | 29 |
| defendant as to the amount seized and
such testimony as may be | 30 |
| required by the court as to the current street
value of the | 31 |
| methamphetamine or salt of an optical isomer of methamphetamine | 32 |
| or methamphetamine manufacturing chemicals seized. | 33 |
| (b) In addition to any penalty imposed under subsection (a) | 34 |
| of this
Section, a fine of
$100 shall be levied by the court, | 35 |
| the proceeds of which
shall be collected by the Circuit Clerk |
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| and remitted to the State Treasurer
under Section 27.6 of the | 2 |
| Clerks of Courts Act
for deposit into the Methamphetamine Law | 3 |
| Enforcement Fund and allocated as provided in subsection (d) of | 4 |
| Section 5-9-1.2.
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| (730 ILCS 5/5-9-1.2) (from Ch. 38, par. 1005-9-1.2)
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| Sec. 5-9-1.2. (a) Twelve and one-half percent of all | 7 |
| amounts collected
as fines pursuant to Section 5-9-1.1 shall be | 8 |
| paid into the Youth Drug
Abuse Prevention Fund, which is hereby | 9 |
| created in the State treasury, to be
used by the Department of | 10 |
| Human Services
for the funding of
programs and services for | 11 |
| drug-abuse treatment, and prevention and
education services, | 12 |
| for juveniles.
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| (b) Eighty-seven and one-half percent of the proceeds of | 14 |
| all fines
received pursuant to Section 5-9-1.1 shall be | 15 |
| transmitted to and deposited
in the treasurer's office at the | 16 |
| level of government as follows:
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| (1) If such seizure was made by a combination of law | 18 |
| enforcement
personnel representing differing units of | 19 |
| local government, the court
levying the fine shall | 20 |
| equitably allocate 50% of the fine among these units
of | 21 |
| local government and shall allocate 37 1/2% to the county | 22 |
| general
corporate fund. In the event that the seizure was | 23 |
| made by law enforcement
personnel representing a unit of | 24 |
| local government from a municipality where
the number of | 25 |
| inhabitants exceeds 2 million in population, the court
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| levying the fine shall allocate 87 1/2% of the fine to that | 27 |
| unit of local
government. If the seizure was made by a | 28 |
| combination of law enforcement
personnel representing | 29 |
| differing units of local government, and at least
one of | 30 |
| those units represents a municipality where the number of
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| inhabitants exceeds 2 million in population, the court | 32 |
| shall equitably
allocate 87 1/2% of the proceeds of the | 33 |
| fines received among the differing
units of local | 34 |
| government.
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| (2) If such seizure was made by State law enforcement |
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| personnel, then
the court shall allocate 37 1/2% to the | 2 |
| State treasury and 50% to the
county general corporate | 3 |
| fund.
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| (3) If a State law enforcement agency in combination | 5 |
| with a law
enforcement agency or agencies of a unit or | 6 |
| units of local government
conducted the seizure, the court | 7 |
| shall equitably allocate 37 1/2% of the
fines to or among | 8 |
| the law enforcement agency or agencies of the unit or
units | 9 |
| of local government which conducted the seizure and shall | 10 |
| allocate
50% to the county general corporate fund.
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| (c) The proceeds of all fines allocated to the law | 12 |
| enforcement agency or
agencies of the unit or units of local | 13 |
| government pursuant to subsection
(b) shall be made available | 14 |
| to that law enforcement agency as expendable
receipts for use | 15 |
| in the enforcement of laws regulating controlled
substances and | 16 |
| cannabis. The proceeds of fines awarded to the State
treasury | 17 |
| shall be deposited in a special fund known as the Drug Traffic
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| Prevention Fund. Monies from this fund may be used by the | 19 |
| Department of
State Police for use in the enforcement of laws | 20 |
| regulating controlled
substances and cannabis; to satisfy | 21 |
| funding provisions of the
Intergovernmental Drug Laws | 22 |
| Enforcement Act; and to defray costs and
expenses
associated | 23 |
| with returning violators of the Cannabis Control Act and the
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| Illinois Controlled Substances Act only, as provided in those | 25 |
| Acts, when
punishment of the crime shall be confinement of the | 26 |
| criminal in the
penitentiary. Moneys in the Drug Traffic | 27 |
| Prevention Fund deposited from
fines
awarded
as a direct result | 28 |
| of enforcement efforts of the Illinois Conservation Police
may | 29 |
| be used by the Department of Natural Resources Office of Law
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| Enforcement for use in enforcing laws regulating controlled | 31 |
| substances
and cannabis on Department of Natural Resources | 32 |
| regulated lands and
waterways. All other monies shall be paid | 33 |
| into the general revenue
fund in the State treasury. | 34 |
| (d) There is created in the State treasury the | 35 |
| Methamphetamine Law Enforcement Fund. Moneys in the Fund shall | 36 |
| be equitably allocated to local law enforcement agencies to: |
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| (1) reimburse those agencies for the costs of securing and | 2 |
| cleaning up sites and facilities used for the illegal | 3 |
| manufacture of methamphetamine; (2) defray the costs of | 4 |
| employing full-time or part-time peace officers from a | 5 |
| Metropolitan Enforcement Group or other local drug task force, | 6 |
| including overtime costs for those officers; and (3) defray the | 7 |
| costs associated with medical or dental expenses incurred by | 8 |
| the county resulting from the incarceration of methamphetamine | 9 |
| addicts in the county jail or County Department of Corrections.
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| (Source: P.A. 92-601, eff. 7-1-02.)
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