Illinois General Assembly - Full Text of HB4462
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Full Text of HB4462  98th General Assembly

HB4462enr 98TH GENERAL ASSEMBLY

  
  
  

 


 
HB4462 EnrolledLRB098 18861 MLW 54007 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 Illinois Vehicle Code is amended by changing
5Section 16-104d as follows:
 
6    (625 ILCS 5/16-104d)
7    Sec. 16-104d. Additional fee; serious traffic violation.
8Any person who is convicted of, pleads guilty to, or is placed
9on supervision for a serious traffic violation, as defined in
10Section 1-187.001 of this Code, a violation of Section 11-501
11of this Code, or a violation of a similar provision of a local
12ordinance shall pay an additional fee of $35. Of that fee, $15
13shall be deposited into the Fire Prevention Fund in the State
14treasury, $15 shall be deposited into the Fire Truck Revolving
15Loan Fund in the State treasury, and $5 shall be deposited into
16the Circuit Court Clerk Operation and Administrative Fund
17created by the Clerk of the Circuit Court.
18    This Section becomes inoperative on January 1, 2020 7 years
19after the effective date of this amendatory Act of the 95th
20General Assembly.
21(Source: P.A. 95-154, eff. 10-13-07; 96-286, eff. 8-11-09;
2296-1175, eff. 9-20-10.)
 

 

 

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1    Section 10. The Clerks of Courts Act is amended by changing
2Sections 27.5 and 27.6 as follows:
 
3    (705 ILCS 105/27.5)  (from Ch. 25, par. 27.5)
4    Sec. 27.5. (a) All fees, fines, costs, additional
5penalties, bail balances assessed or forfeited, and any other
6amount paid by a person to the circuit clerk that equals an
7amount less than $55, except restitution under Section 5-5-6 of
8the Unified Code of Corrections, reimbursement for the costs of
9an emergency response as provided under Section 11-501 of the
10Illinois Vehicle Code, any fees collected for attending a
11traffic safety program under paragraph (c) of Supreme Court
12Rule 529, any fee collected on behalf of a State's Attorney
13under Section 4-2002 of the Counties Code or a sheriff under
14Section 4-5001 of the Counties Code, or any cost imposed under
15Section 124A-5 of the Code of Criminal Procedure of 1963, for
16convictions, orders of supervision, or any other disposition
17for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois
18Vehicle Code, or a similar provision of a local ordinance, and
19any violation of the Child Passenger Protection Act, or a
20similar provision of a local ordinance, and except as otherwise
21provided in this Section, shall be disbursed within 60 days
22after receipt by the circuit clerk as follows: 47% shall be
23disbursed to the entity authorized by law to receive the fine
24imposed in the case; 12% shall be disbursed to the State
25Treasurer; and 41% shall be disbursed to the county's general

 

 

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1corporate fund. Of the 12% disbursed to the State Treasurer,
21/6 shall be deposited by the State Treasurer into the Violent
3Crime Victims Assistance Fund, 1/2 shall be deposited into the
4Traffic and Criminal Conviction Surcharge Fund, and 1/3 shall
5be deposited into the Drivers Education Fund. For fiscal years
61992 and 1993, amounts deposited into the Violent Crime Victims
7Assistance Fund, the Traffic and Criminal Conviction Surcharge
8Fund, or the Drivers Education Fund shall not exceed 110% of
9the amounts deposited into those funds in fiscal year 1991. Any
10amount that exceeds the 110% limit shall be distributed as
11follows: 50% shall be disbursed to the county's general
12corporate fund and 50% shall be disbursed to the entity
13authorized by law to receive the fine imposed in the case. Not
14later than March 1 of each year the circuit clerk shall submit
15a report of the amount of funds remitted to the State Treasurer
16under this Section during the preceding year based upon
17independent verification of fines and fees. All counties shall
18be subject to this Section, except that counties with a
19population under 2,000,000 may, by ordinance, elect not to be
20subject to this Section. For offenses subject to this Section,
21judges shall impose one total sum of money payable for
22violations. The circuit clerk may add on no additional amounts
23except for amounts that are required by Sections 27.3a and
2427.3c of this Act, Section 16-104c of the Illinois Vehicle
25Code, and subsection (a) of Section 5-1101 of the Counties
26Code, unless those amounts are specifically waived by the

 

 

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1judge. With respect to money collected by the circuit clerk as
2a result of forfeiture of bail, ex parte judgment or guilty
3plea pursuant to Supreme Court Rule 529, the circuit clerk
4shall first deduct and pay amounts required by Sections 27.3a
5and 27.3c of this Act. Unless a court ordered payment schedule
6is implemented or fee requirements are waived pursuant to a
7court order, the circuit clerk may add to any unpaid fees and
8costs a delinquency amount equal to 5% of the unpaid fees that
9remain unpaid after 30 days, 10% of the unpaid fees that remain
10unpaid after 60 days, and 15% of the unpaid fees that remain
11unpaid after 90 days. Notice to those parties may be made by
12signage posting or publication. The additional delinquency
13amounts collected under this Section shall be deposited in the
14Circuit Court Clerk Operation and Administrative Fund to be
15used to defray administrative costs incurred by the circuit
16clerk in performing the duties required to collect and disburse
17funds. This Section is a denial and limitation of home rule
18powers and functions under subsection (h) of Section 6 of
19Article VII of the Illinois Constitution.
20    (b) The following amounts must be remitted to the State
21Treasurer for deposit into the Illinois Animal Abuse Fund:
22        (1) 50% of the amounts collected for felony offenses
23    under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
24    5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
25    Animals Act and Section 26-5 or 48-1 of the Criminal Code
26    of 1961 or the Criminal Code of 2012;

 

 

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1        (2) 20% of the amounts collected for Class A and Class
2    B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
3    5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
4    for Animals Act and Section 26-5 or 48-1 of the Criminal
5    Code of 1961 or the Criminal Code of 2012; and
6        (3) 50% of the amounts collected for Class C
7    misdemeanors under Sections 4.01 and 7.1 of the Humane Care
8    for Animals Act and Section 26-5 or 48-1 of the Criminal
9    Code of 1961 or the Criminal Code of 2012.
10    (c) Any person who receives a disposition of court
11supervision for a violation of the Illinois Vehicle Code or a
12similar provision of a local ordinance shall, in addition to
13any other fines, fees, and court costs, pay an additional fee
14of $29, to be disbursed as provided in Section 16-104c of the
15Illinois Vehicle Code. In addition to the fee of $29, the
16person shall also pay a fee of $6, if not waived by the court.
17If this $6 fee is collected, $5.50 of the fee shall be
18deposited into the Circuit Court Clerk Operation and
19Administrative Fund created by the Clerk of the Circuit Court
20and 50 cents of the fee shall be deposited into the Prisoner
21Review Board Vehicle and Equipment Fund in the State treasury.
22    (d) Any person convicted of, pleading guilty to, or placed
23on supervision for a serious traffic violation, as defined in
24Section 1-187.001 of the Illinois Vehicle Code, a violation of
25Section 11-501 of the Illinois Vehicle Code, or a violation of
26a similar provision of a local ordinance shall pay an

 

 

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1additional fee of $35, to be disbursed as provided in Section
216-104d of that Code.
3    This subsection (d) becomes inoperative on January 1, 2020
47 years after the effective date of Public Act 95-154.
5    (e) In all counties having a population of 3,000,000 or
6more inhabitants:
7        (1) A person who is found guilty of or pleads guilty to
8    violating subsection (a) of Section 11-501 of the Illinois
9    Vehicle Code, including any person placed on court
10    supervision for violating subsection (a), shall be fined
11    $750 as provided for by subsection (f) of Section 11-501.01
12    of the Illinois Vehicle Code, payable to the circuit clerk,
13    who shall distribute the money pursuant to subsection (f)
14    of Section 11-501.01 of the Illinois Vehicle Code.
15        (2) When a crime laboratory DUI analysis fee of $150,
16    provided for by Section 5-9-1.9 of the Unified Code of
17    Corrections is assessed, it shall be disbursed by the
18    circuit clerk as provided by subsection (f) of Section
19    5-9-1.9 of the Unified Code of Corrections.
20        (3) When a fine for a violation of subsection (a) of
21    Section 11-605 of the Illinois Vehicle Code is $150 or
22    greater, the additional $50 which is charged as provided
23    for by subsection (f) of Section 11-605 of the Illinois
24    Vehicle Code shall be disbursed by the circuit clerk to a
25    school district or districts for school safety purposes as
26    provided by subsection (f) of Section 11-605.

 

 

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1        (4) When a fine for a violation of subsection (a) of
2    Section 11-1002.5 of the Illinois Vehicle Code is $150 or
3    greater, the additional $50 which is charged as provided
4    for by subsection (c) of Section 11-1002.5 of the Illinois
5    Vehicle Code shall be disbursed by the circuit clerk to a
6    school district or districts for school safety purposes as
7    provided by subsection (c) of Section 11-1002.5 of the
8    Illinois Vehicle Code.
9        (5) When a mandatory drug court fee of up to $5 is
10    assessed as provided in subsection (f) of Section 5-1101 of
11    the Counties Code, it shall be disbursed by the circuit
12    clerk as provided in subsection (f) of Section 5-1101 of
13    the Counties Code.
14        (6) When a mandatory teen court, peer jury, youth
15    court, or other youth diversion program fee is assessed as
16    provided in subsection (e) of Section 5-1101 of the
17    Counties Code, it shall be disbursed by the circuit clerk
18    as provided in subsection (e) of Section 5-1101 of the
19    Counties Code.
20        (7) When a Children's Advocacy Center fee is assessed
21    pursuant to subsection (f-5) of Section 5-1101 of the
22    Counties Code, it shall be disbursed by the circuit clerk
23    as provided in subsection (f-5) of Section 5-1101 of the
24    Counties Code.
25        (8) When a victim impact panel fee is assessed pursuant
26    to subsection (b) of Section 11-501.01 of the Illinois

 

 

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1    Vehicle Code, it shall be disbursed by the circuit clerk to
2    the victim impact panel to be attended by the defendant.
3        (9) When a new fee collected in traffic cases is
4    enacted after January 1, 2010 (the effective date of Public
5    Act 96-735), it shall be excluded from the percentage
6    disbursement provisions of this Section unless otherwise
7    indicated by law.
8    (f) Any person who receives a disposition of court
9supervision for a violation of Section 11-501 of the Illinois
10Vehicle Code shall, in addition to any other fines, fees, and
11court costs, pay an additional fee of $50, which shall be
12collected by the circuit clerk and then remitted to the State
13Treasurer for deposit into the Roadside Memorial Fund, a
14special fund in the State treasury. However, the court may
15waive the fee if full restitution is complied with. Subject to
16appropriation, all moneys in the Roadside Memorial Fund shall
17be used by the Department of Transportation to pay fees imposed
18under subsection (f) of Section 20 of the Roadside Memorial
19Act. The fee shall be remitted by the circuit clerk within one
20month after receipt to the State Treasurer for deposit into the
21Roadside Memorial Fund.
22    (g) For any conviction or disposition of court supervision
23for a violation of Section 11-1429 of the Illinois Vehicle
24Code, the circuit clerk shall distribute the fines paid by the
25person as specified by subsection (h) of Section 11-1429 of the
26Illinois Vehicle Code.

 

 

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1(Source: P.A. 96-286, eff. 8-11-09; 96-576, eff. 8-18-09;
296-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-735, eff. 1-1-10;
396-1000, eff. 7-2-10; 96-1175, eff. 9-20-10; 96-1342, eff.
41-1-11; 97-333, eff. 8-12-11; 97-1108, eff. 1-1-13; 97-1150,
5eff. 1-25-13.)
 
6    (705 ILCS 105/27.6)
7    (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625,
896-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, and
997-1150)
10    Sec. 27.6. (a) All fees, fines, costs, additional
11penalties, bail balances assessed or forfeited, and any other
12amount paid by a person to the circuit clerk equalling an
13amount of $55 or more, except the fine imposed by Section
145-9-1.15 of the Unified Code of Corrections, the additional fee
15required by subsections (b) and (c), restitution under Section
165-5-6 of the Unified Code of Corrections, contributions to a
17local anti-crime program ordered pursuant to Section
185-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
19Corrections, reimbursement for the costs of an emergency
20response as provided under Section 11-501 of the Illinois
21Vehicle Code, any fees collected for attending a traffic safety
22program under paragraph (c) of Supreme Court Rule 529, any fee
23collected on behalf of a State's Attorney under Section 4-2002
24of the Counties Code or a sheriff under Section 4-5001 of the
25Counties Code, or any cost imposed under Section 124A-5 of the

 

 

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1Code of Criminal Procedure of 1963, for convictions, orders of
2supervision, or any other disposition for a violation of
3Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
4similar provision of a local ordinance, and any violation of
5the Child Passenger Protection Act, or a similar provision of a
6local ordinance, and except as otherwise provided in this
7Section shall be disbursed within 60 days after receipt by the
8circuit clerk as follows: 44.5% shall be disbursed to the
9entity authorized by law to receive the fine imposed in the
10case; 16.825% shall be disbursed to the State Treasurer; and
1138.675% shall be disbursed to the county's general corporate
12fund. Of the 16.825% disbursed to the State Treasurer, 2/17
13shall be deposited by the State Treasurer into the Violent
14Crime Victims Assistance Fund, 5.052/17 shall be deposited into
15the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
16be deposited into the Drivers Education Fund, and 6.948/17
17shall be deposited into the Trauma Center Fund. Of the 6.948/17
18deposited into the Trauma Center Fund from the 16.825%
19disbursed to the State Treasurer, 50% shall be disbursed to the
20Department of Public Health and 50% shall be disbursed to the
21Department of Healthcare and Family Services. For fiscal year
221993, amounts deposited into the Violent Crime Victims
23Assistance Fund, the Traffic and Criminal Conviction Surcharge
24Fund, or the Drivers Education Fund shall not exceed 110% of
25the amounts deposited into those funds in fiscal year 1991. Any
26amount that exceeds the 110% limit shall be distributed as

 

 

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1follows: 50% shall be disbursed to the county's general
2corporate fund and 50% shall be disbursed to the entity
3authorized by law to receive the fine imposed in the case. Not
4later than March 1 of each year the circuit clerk shall submit
5a report of the amount of funds remitted to the State Treasurer
6under this Section during the preceding year based upon
7independent verification of fines and fees. All counties shall
8be subject to this Section, except that counties with a
9population under 2,000,000 may, by ordinance, elect not to be
10subject to this Section. For offenses subject to this Section,
11judges shall impose one total sum of money payable for
12violations. The circuit clerk may add on no additional amounts
13except for amounts that are required by Sections 27.3a and
1427.3c of this Act, unless those amounts are specifically waived
15by the judge. With respect to money collected by the circuit
16clerk as a result of forfeiture of bail, ex parte judgment or
17guilty plea pursuant to Supreme Court Rule 529, the circuit
18clerk shall first deduct and pay amounts required by Sections
1927.3a and 27.3c of this Act. This Section is a denial and
20limitation of home rule powers and functions under subsection
21(h) of Section 6 of Article VII of the Illinois Constitution.
22    (b) In addition to any other fines and court costs assessed
23by the courts, any person convicted or receiving an order of
24supervision for driving under the influence of alcohol or drugs
25shall pay an additional fee of $100 to the clerk of the circuit
26court. This amount, less 2 1/2% that shall be used to defray

 

 

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1administrative costs incurred by the clerk, shall be remitted
2by the clerk to the Treasurer within 60 days after receipt for
3deposit into the Trauma Center Fund. This additional fee of
4$100 shall not be considered a part of the fine for purposes of
5any reduction in the fine for time served either before or
6after sentencing. Not later than March 1 of each year the
7Circuit Clerk shall submit a report of the amount of funds
8remitted to the State Treasurer under this subsection during
9the preceding calendar year.
10    (b-1) In addition to any other fines and court costs
11assessed by the courts, any person convicted or receiving an
12order of supervision for driving under the influence of alcohol
13or drugs shall pay an additional fee of $5 to the clerk of the
14circuit court. This amount, less 2 1/2% that shall be used to
15defray administrative costs incurred by the clerk, shall be
16remitted by the clerk to the Treasurer within 60 days after
17receipt for deposit into the Spinal Cord Injury Paralysis Cure
18Research Trust Fund. This additional fee of $5 shall not be
19considered a part of the fine for purposes of any reduction in
20the fine for time served either before or after sentencing. 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 subsection during the preceding calendar year.
24    (c) In addition to any other fines and court costs assessed
25by the courts, any person convicted for a violation of Sections
2624-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or the

 

 

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1Criminal Code of 2012 or a person sentenced for a violation of
2the Cannabis Control Act, the Illinois Controlled Substances
3Act, or the Methamphetamine Control and Community Protection
4Act shall pay an additional fee of $100 to the clerk of the
5circuit court. This amount, less 2 1/2% that shall be used to
6defray administrative costs incurred by the clerk, shall be
7remitted by the clerk to the Treasurer within 60 days after
8receipt for deposit into the Trauma Center Fund. This
9additional fee of $100 shall not be considered a part of the
10fine for purposes of any reduction in the fine for time served
11either before or after sentencing. Not later than March 1 of
12each year the Circuit Clerk shall submit a report of the amount
13of funds remitted to the State Treasurer under this subsection
14during the preceding calendar year.
15    (c-1) In addition to any other fines and court costs
16assessed by the courts, any person sentenced for a violation of
17the Cannabis Control Act, the Illinois Controlled Substances
18Act, or the Methamphetamine Control and Community Protection
19Act 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

 

 

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

 

 

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1If this $6 fee is collected, $5.50 of the fee shall be
2deposited into the Circuit Court Clerk Operation and
3Administrative Fund created by the Clerk of the Circuit Court
4and 50 cents of the fee shall be deposited into the Prisoner
5Review Board Vehicle and Equipment Fund in the State treasury.
6    (f) This Section does not apply to the additional child
7pornography fines assessed and collected under Section
85-9-1.14 of the Unified Code of Corrections.
9    (g) (Blank).
10    (h) (Blank).
11    (i) Of the amounts collected as fines under subsection (b)
12of Section 3-712 of the Illinois Vehicle Code, 99% shall be
13deposited into the Illinois Military Family Relief Fund and 1%
14shall be deposited into the Circuit Court Clerk Operation and
15Administrative Fund created by the Clerk of the Circuit Court
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    (j) Any person convicted of, pleading guilty to, or placed
21on supervision for a serious traffic violation, as defined in
22Section 1-187.001 of the Illinois Vehicle Code, a violation of
23Section 11-501 of the Illinois Vehicle Code, or a violation of
24a similar provision of a local ordinance shall pay an
25additional fee of $35, to be disbursed as provided in Section
2616-104d of that Code.

 

 

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1    This subsection (j) becomes inoperative on January 1, 2020
27 years after the effective date of Public Act 95-154.
3    (k) For any conviction or disposition of court supervision
4for a violation of Section 11-1429 of the Illinois Vehicle
5Code, the circuit clerk shall distribute the fines paid by the
6person as specified by subsection (h) of Section 11-1429 of the
7Illinois Vehicle Code.
8    (l) Any person who receives a disposition of court
9supervision for a violation of Section 11-501 of the Illinois
10Vehicle Code or a similar provision of a local ordinance shall,
11in addition to any other fines, fees, and court costs, pay an
12additional fee of $50, which shall be collected by the circuit
13clerk and then remitted to the State Treasurer for deposit into
14the Roadside Memorial Fund, a special fund in the State
15treasury. However, the court may waive the fee if full
16restitution is complied with. Subject to appropriation, all
17moneys in the Roadside Memorial Fund shall be used by the
18Department of Transportation to pay fees imposed under
19subsection (f) of Section 20 of the Roadside Memorial Act. The
20fee shall be remitted by the circuit clerk within one month
21after receipt to the State Treasurer for deposit into the
22Roadside Memorial Fund.
23    (m) Of the amounts collected as fines under subsection (c)
24of Section 411.4 of the Illinois Controlled Substances Act or
25subsection (c) of Section 90 of the Methamphetamine Control and
26Community Protection Act, 99% shall be deposited to the law

 

 

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1enforcement agency or fund specified and 1% shall be deposited
2into the Circuit Court Clerk Operation and Administrative Fund
3to be used to offset the costs incurred by the Circuit Court
4Clerk in performing the additional duties required to collect
5and disburse funds to entities of State and local government as
6provided by law.
7    (n) In addition to any other fines and court costs assessed
8by the courts, any person who is convicted of or pleads guilty
9to a violation of the Criminal Code of 1961 or the Criminal
10Code of 2012, or a similar provision of a local ordinance, or
11who is convicted of, pleads guilty to, or receives a
12disposition of court supervision for a violation of the
13Illinois Vehicle Code, or a similar provision of a local
14ordinance, shall pay an additional fee of $15 to the clerk of
15the circuit court. This additional fee of $15 shall not be
16considered a part of the fine for purposes of any reduction in
17the fine for time served either before or after sentencing.
18This amount, less 2.5% that shall be used to defray
19administrative costs incurred by the clerk, shall be remitted
20by the clerk to the State Treasurer within 60 days after
21receipt for deposit into the State Police Merit Board Public
22Safety Fund.
23(Source: P.A. 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428,
24eff. 8-24-07; 95-600, eff. 6-1-08; 95-876, eff. 8-21-08;
2596-286, eff. 8-11-09; 96-576, eff. 8-18-09; 96-578, eff.
268-18-09; 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-1175,

 

 

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1eff. 9-20-10; 96-1342, eff. 1-1-11; 97-1051, eff. 1-1-13;
297-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
3    (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667,
496-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, and
597-1150)
6    Sec. 27.6. (a) All fees, fines, costs, additional
7penalties, bail balances assessed or forfeited, and any other
8amount paid by a person to the circuit clerk equalling an
9amount of $55 or more, except the fine imposed by Section
105-9-1.15 of the Unified Code of Corrections, the additional fee
11required by subsections (b) and (c), restitution under Section
125-5-6 of the Unified Code of Corrections, contributions to a
13local anti-crime program ordered pursuant to Section
145-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
15Corrections, reimbursement for the costs of an emergency
16response as provided under Section 11-501 of the Illinois
17Vehicle Code, any fees collected for attending a traffic safety
18program under paragraph (c) of Supreme Court Rule 529, any fee
19collected on behalf of a State's Attorney under Section 4-2002
20of the Counties Code or a sheriff under Section 4-5001 of the
21Counties Code, or any cost imposed under Section 124A-5 of the
22Code of Criminal Procedure of 1963, for convictions, orders of
23supervision, or any other disposition for a violation of
24Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
25similar provision of a local ordinance, and any violation of

 

 

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1the Child Passenger Protection Act, or a similar provision of a
2local ordinance, and except as otherwise provided in this
3Section shall be disbursed within 60 days after receipt by the
4circuit clerk as follows: 44.5% shall be disbursed to the
5entity authorized by law to receive the fine imposed in the
6case; 16.825% shall be disbursed to the State Treasurer; and
738.675% shall be disbursed to the county's general corporate
8fund. Of the 16.825% disbursed to the State Treasurer, 2/17
9shall be deposited by the State Treasurer into the Violent
10Crime Victims Assistance Fund, 5.052/17 shall be deposited into
11the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
12be deposited into the Drivers Education Fund, and 6.948/17
13shall be deposited into the Trauma Center Fund. Of the 6.948/17
14deposited into the Trauma Center Fund from the 16.825%
15disbursed to the State Treasurer, 50% shall be disbursed to the
16Department of Public Health and 50% shall be disbursed to the
17Department of Healthcare and Family Services. For fiscal year
181993, amounts deposited into the Violent Crime Victims
19Assistance Fund, the Traffic and Criminal Conviction Surcharge
20Fund, or the Drivers Education Fund shall not exceed 110% of
21the amounts deposited into those funds in fiscal year 1991. Any
22amount that exceeds the 110% limit shall be distributed as
23follows: 50% shall be disbursed to the county's general
24corporate fund and 50% shall be disbursed to the entity
25authorized by law to receive the fine imposed in the case. Not
26later than March 1 of each year the circuit clerk shall submit

 

 

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1a report of the amount of funds remitted to the State Treasurer
2under this Section during the preceding year based upon
3independent verification of fines and fees. All counties shall
4be subject to this Section, except that counties with a
5population under 2,000,000 may, by ordinance, elect not to be
6subject to this Section. For offenses subject to this Section,
7judges shall impose one total sum of money payable for
8violations. The circuit clerk may add on no additional amounts
9except for amounts that are required by Sections 27.3a and
1027.3c of this Act, Section 16-104c of the Illinois Vehicle
11Code, and subsection (a) of Section 5-1101 of the Counties
12Code, unless those amounts are specifically waived by the
13judge. With respect to money collected by the circuit clerk as
14a result of forfeiture of bail, ex parte judgment or guilty
15plea pursuant to Supreme Court Rule 529, the circuit clerk
16shall first deduct and pay amounts required by Sections 27.3a
17and 27.3c of this Act. Unless a court ordered payment schedule
18is implemented or fee requirements are waived pursuant to court
19order, the clerk of the court may add to any unpaid fees and
20costs a delinquency amount equal to 5% of the unpaid fees that
21remain unpaid after 30 days, 10% of the unpaid fees that remain
22unpaid after 60 days, and 15% of the unpaid fees that remain
23unpaid after 90 days. Notice to those parties may be made by
24signage posting or publication. The additional delinquency
25amounts collected under this Section shall be deposited in the
26Circuit Court Clerk Operation and Administrative Fund to be

 

 

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

 

 

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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    (c) In addition to any other fines and court costs assessed
9by the courts, any person convicted for a violation of Sections
1024-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or the
11Criminal Code of 2012 or a person sentenced for a violation of
12the Cannabis Control Act, the Illinois Controlled Substances
13Act, or the Methamphetamine Control and Community Protection
14Act shall pay an additional fee of $100 to the clerk of the
15circuit court. This amount, less 2 1/2% that shall be used to
16defray administrative costs incurred by the clerk, shall be
17remitted by the clerk to the Treasurer within 60 days after
18receipt for deposit into the Trauma Center Fund. This
19additional fee of $100 shall not be considered a part of the
20fine for purposes of any reduction in the fine for time served
21either before or after sentencing. Not later than March 1 of
22each year the Circuit Clerk shall submit a report of the amount
23of funds remitted to the State Treasurer under this subsection
24during the preceding calendar year.
25    (c-1) In addition to any other fines and court costs
26assessed by the courts, any person sentenced for a violation of

 

 

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

 

 

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1    misdemeanors under Sections 4.01 and 7.1 of the Humane Care
2    for Animals Act and Section 26-5 or 48-1 of the Criminal
3    Code of 1961 or the Criminal Code of 2012.
4    (e) Any person who receives a disposition of court
5supervision for a violation of the Illinois Vehicle Code or a
6similar provision of a local ordinance shall, in addition to
7any other fines, fees, and court costs, pay an additional fee
8of $29, to be disbursed as provided in Section 16-104c of the
9Illinois Vehicle Code. In addition to the fee of $29, the
10person shall also pay a fee of $6, if not waived by the court.
11If this $6 fee is collected, $5.50 of the fee shall be
12deposited into the Circuit Court Clerk Operation and
13Administrative Fund created by the Clerk of the Circuit Court
14and 50 cents of the fee shall be deposited into the Prisoner
15Review Board Vehicle and Equipment Fund in the State treasury.
16    (f) This Section does not apply to the additional child
17pornography fines assessed and collected under Section
185-9-1.14 of the Unified Code of Corrections.
19    (g) Any person convicted of or pleading guilty to a serious
20traffic violation, as defined in Section 1-187.001 of the
21Illinois Vehicle Code, shall pay an additional fee of $35, to
22be disbursed as provided in Section 16-104d of that Code. This
23subsection (g) becomes inoperative on January 1, 2020 7 years
24after the effective date of Public Act 95-154.
25    (h) In all counties having a population of 3,000,000 or
26more inhabitants,

 

 

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

 

 

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

 

 

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1        (9) When a victim impact panel fee is assessed pursuant
2    to subsection (b) of Section 11-501.01 of the Vehicle Code,
3    it shall be disbursed by the circuit clerk to the victim
4    impact panel to be attended by the defendant.
5        (10) When a new fee collected in traffic cases is
6    enacted after the effective date of this subsection (h), it
7    shall be excluded from the percentage disbursement
8    provisions of this Section unless otherwise indicated by
9    law.
10    (i) Of the amounts collected as fines under subsection (b)
11of Section 3-712 of the Illinois Vehicle Code, 99% shall be
12deposited into the Illinois Military Family Relief Fund and 1%
13shall be deposited into the Circuit Court Clerk Operation and
14Administrative Fund created by the Clerk of the Circuit Court
15to be used to offset the costs incurred by the Circuit Court
16Clerk in performing the additional duties required to collect
17and disburse funds to entities of State and local government as
18provided by law.
19    (j) (Blank).
20    (k) For any conviction or disposition of court supervision
21for a violation of Section 11-1429 of the Illinois Vehicle
22Code, the circuit clerk shall distribute the fines paid by the
23person as specified by subsection (h) of Section 11-1429 of the
24Illinois Vehicle Code.
25    (l) Any person who receives a disposition of court
26supervision for a violation of Section 11-501 of the Illinois

 

 

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1Vehicle Code or a similar provision of a local ordinance shall,
2in addition to any other fines, fees, and court costs, pay an
3additional fee of $50, which shall be collected by the circuit
4clerk and then remitted to the State Treasurer for deposit into
5the Roadside Memorial Fund, a special fund in the State
6treasury. However, the court may waive the fee if full
7restitution is complied with. Subject to appropriation, all
8moneys in the Roadside Memorial Fund shall be used by the
9Department of Transportation to pay fees imposed under
10subsection (f) of Section 20 of the Roadside Memorial Act. The
11fee shall be remitted by the circuit clerk within one month
12after receipt to the State Treasurer for deposit into the
13Roadside Memorial Fund.
14    (m) Of the amounts collected as fines under subsection (c)
15of Section 411.4 of the Illinois Controlled Substances Act or
16subsection (c) of Section 90 of the Methamphetamine Control and
17Community Protection Act, 99% shall be deposited to the law
18enforcement agency or fund specified and 1% shall be deposited
19into the Circuit Court Clerk Operation and Administrative Fund
20to be used to offset the costs incurred by the Circuit Court
21Clerk in performing the additional duties required to collect
22and disburse funds to entities of State and local government as
23provided by law.
24    (n) In addition to any other fines and court costs assessed
25by the courts, any person who is convicted of or pleads guilty
26to a violation of the Criminal Code of 1961 or the Criminal

 

 

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1Code of 2012, or a similar provision of a local ordinance, or
2who is convicted of, pleads guilty to, or receives a
3disposition of court supervision for a violation of the
4Illinois Vehicle Code, or a similar provision of a local
5ordinance, shall pay an additional fee of $15 to the clerk of
6the circuit court. This additional fee of $15 shall not be
7considered a part of the fine for purposes of any reduction in
8the fine for time served either before or after sentencing.
9This amount, less 2.5% that shall be used to defray
10administrative costs incurred by the clerk, shall be remitted
11by the clerk to the State Treasurer within 60 days after
12receipt for deposit into the State Police Merit Board Public
13Safety Fund.
14(Source: P.A. 96-576, eff. 8-18-09; 96-578, eff. 8-18-09;
1596-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-735, eff. 1-1-10;
1696-1175, eff. 9-20-10; 96-1342, eff. 1-1-11; 97-434, eff.
171-1-12; 97-1051, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1150,
18eff. 1-25-13.)
 
19    Section 15. The Unified Code of Corrections is amended by
20changing Section 5-6-1 as follows:
 
21    (730 ILCS 5/5-6-1)  (from Ch. 38, par. 1005-6-1)
22    Sec. 5-6-1. Sentences of Probation and of Conditional
23Discharge and Disposition of Supervision. The General Assembly
24finds that in order to protect the public, the criminal justice

 

 

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1system must compel compliance with the conditions of probation
2by responding to violations with swift, certain and fair
3punishments and intermediate sanctions. The Chief Judge of each
4circuit shall adopt a system of structured, intermediate
5sanctions for violations of the terms and conditions of a
6sentence of probation, conditional discharge or disposition of
7supervision.
8    (a) Except where specifically prohibited by other
9provisions of this Code, the court shall impose a sentence of
10probation or conditional discharge upon an offender unless,
11having regard to the nature and circumstance of the offense,
12and to the history, character and condition of the offender,
13the court is of the opinion that:
14        (1) his imprisonment or periodic imprisonment is
15    necessary for the protection of the public; or
16        (2) probation or conditional discharge would deprecate
17    the seriousness of the offender's conduct and would be
18    inconsistent with the ends of justice; or
19        (3) a combination of imprisonment with concurrent or
20    consecutive probation when an offender has been admitted
21    into a drug court program under Section 20 of the Drug
22    Court Treatment Act is necessary for the protection of the
23    public and for the rehabilitation of the offender.
24    The court shall impose as a condition of a sentence of
25probation, conditional discharge, or supervision, that the
26probation agency may invoke any sanction from the list of

 

 

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1intermediate sanctions adopted by the chief judge of the
2circuit court for violations of the terms and conditions of the
3sentence of probation, conditional discharge, or supervision,
4subject to the provisions of Section 5-6-4 of this Act.
5    (b) The court may impose a sentence of conditional
6discharge for an offense if the court is of the opinion that
7neither a sentence of imprisonment nor of periodic imprisonment
8nor of probation supervision is appropriate.
9    (b-1) Subsections (a) and (b) of this Section do not apply
10to a defendant charged with a misdemeanor or felony under the
11Illinois Vehicle Code or reckless homicide under Section 9-3 of
12the Criminal Code of 1961 or the Criminal Code of 2012 if the
13defendant within the past 12 months has been convicted of or
14pleaded guilty to a misdemeanor or felony under the Illinois
15Vehicle Code or reckless homicide under Section 9-3 of the
16Criminal Code of 1961 or the Criminal Code of 2012.
17    (c) The court may, upon a plea of guilty or a stipulation
18by the defendant of the facts supporting the charge or a
19finding of guilt, defer further proceedings and the imposition
20of a sentence, and enter an order for supervision of the
21defendant, if the defendant is not charged with: (i) a Class A
22misdemeanor, as defined by the following provisions of the
23Criminal Code of 1961 or the Criminal Code of 2012: Sections
2411-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6;
2531-7; paragraphs (2) and (3) of subsection (a) of Section 21-1;
26paragraph (1) through (5), (8), (10), and (11) of subsection

 

 

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1(a) of Section 24-1; (ii) a Class A misdemeanor violation of
2Section 3.01, 3.03-1, or 4.01 of the Humane Care for Animals
3Act; or (iii) a felony. If the defendant is not barred from
4receiving an order for supervision as provided in this
5subsection, the court may enter an order for supervision after
6considering the circumstances of the offense, and the history,
7character and condition of the offender, if the court is of the
8opinion that:
9        (1) the offender is not likely to commit further
10    crimes;
11        (2) the defendant and the public would be best served
12    if the defendant were not to receive a criminal record; and
13        (3) in the best interests of justice an order of
14    supervision is more appropriate than a sentence otherwise
15    permitted under this Code.
16    (c-5) Subsections (a), (b), and (c) of this Section do not
17apply to a defendant charged with a second or subsequent
18violation of Section 6-303 of the Illinois Vehicle Code
19committed while his or her driver's license, permit or
20privileges were revoked because of a violation of Section 9-3
21of the Criminal Code of 1961 or the Criminal Code of 2012,
22relating to the offense of reckless homicide, or a similar
23provision of a law of another state.
24    (d) The provisions of paragraph (c) shall not apply to a
25defendant charged with violating Section 11-501 of the Illinois
26Vehicle Code or a similar provision of a local ordinance when

 

 

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1the defendant has previously been:
2        (1) convicted for a violation of Section 11-501 of the
3    Illinois Vehicle Code or a similar provision of a local
4    ordinance or any similar law or ordinance of another state;
5    or
6        (2) assigned supervision for a violation of Section
7    11-501 of the Illinois Vehicle Code or a similar provision
8    of a local ordinance or any similar law or ordinance of
9    another state; or
10        (3) pleaded guilty to or stipulated to the facts
11    supporting a charge or a finding of guilty to a violation
12    of Section 11-503 of the Illinois Vehicle Code or a similar
13    provision of a local ordinance or any similar law or
14    ordinance of another state, and the plea or stipulation was
15    the result of a plea agreement.
16    The court shall consider the statement of the prosecuting
17authority with regard to the standards set forth in this
18Section.
19    (e) The provisions of paragraph (c) shall not apply to a
20defendant charged with violating Section 16-25 or 16A-3 of the
21Criminal Code of 1961 or the Criminal Code of 2012 if said
22defendant has within the last 5 years been:
23        (1) convicted for a violation of Section 16-25 or 16A-3
24    of the Criminal Code of 1961 or the Criminal Code of 2012;
25    or
26        (2) assigned supervision for a violation of Section

 

 

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1    16-25 or 16A-3 of the Criminal Code of 1961 or the Criminal
2    Code of 2012.
3    The court shall consider the statement of the prosecuting
4authority with regard to the standards set forth in this
5Section.
6    (f) The provisions of paragraph (c) shall not apply to a
7defendant charged with violating Sections 15-111, 15-112,
815-301, paragraph (b) of Section 6-104, Section 11-605, Section
911-1002.5, or Section 11-1414 of the Illinois Vehicle Code or a
10similar provision of a local ordinance.
11    (g) Except as otherwise provided in paragraph (i) of this
12Section, the provisions of paragraph (c) shall not apply to a
13defendant charged with violating Section 3-707, 3-708, 3-710,
14or 5-401.3 of the Illinois Vehicle Code or a similar provision
15of a local ordinance if the defendant has within the last 5
16years been:
17        (1) convicted for a violation of Section 3-707, 3-708,
18    3-710, or 5-401.3 of the Illinois Vehicle Code or a similar
19    provision of a local ordinance; or
20        (2) assigned supervision for a violation of Section
21    3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
22    Code or a similar provision of a local ordinance.
23    The court shall consider the statement of the prosecuting
24authority with regard to the standards set forth in this
25Section.
26    (h) The provisions of paragraph (c) shall not apply to a

 

 

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

 

 

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1approved by the court under standards set by the Conference of
2Chief Circuit Judges. The accused shall be responsible for
3payment of any traffic safety program fees. If the accused
4fails to file a certificate of successful completion on or
5before the termination date of the supervision order, the
6supervision shall be summarily revoked and conviction entered.
7The provisions of Supreme Court Rule 402 relating to pleas of
8guilty do not apply in cases when a defendant enters a guilty
9plea under this provision.
10    (i) The provisions of paragraph (c) shall not apply to a
11defendant charged with violating Section 3-707 of the Illinois
12Vehicle Code or a similar provision of a local ordinance if the
13defendant has been assigned supervision for a violation of
14Section 3-707 of the Illinois Vehicle Code or a similar
15provision of a local ordinance.
16    (j) The provisions of paragraph (c) shall not apply to a
17defendant charged with violating Section 6-303 of the Illinois
18Vehicle Code or a similar provision of a local ordinance when
19the revocation or suspension was for a violation of Section
2011-501 or a similar provision of a local ordinance or a
21violation of Section 11-501.1 or paragraph (b) of Section
2211-401 of the Illinois Vehicle Code if the defendant has within
23the last 10 years been:
24        (1) convicted for a violation of Section 6-303 of the
25    Illinois Vehicle Code or a similar provision of a local
26    ordinance; or

 

 

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1        (2) assigned supervision for a violation of Section
2    6-303 of the Illinois Vehicle Code or a similar provision
3    of a local ordinance.
4    (k) The provisions of paragraph (c) shall not apply to a
5defendant charged with violating any provision of the Illinois
6Vehicle Code or a similar provision of a local ordinance that
7governs the movement of vehicles if, within the 12 months
8preceding the date of the defendant's arrest, the defendant has
9been assigned court supervision on 2 occasions for a violation
10that governs the movement of vehicles under the Illinois
11Vehicle Code or a similar provision of a local ordinance. The
12provisions of this paragraph (k) do not apply to a defendant
13charged with violating Section 11-501 of the Illinois Vehicle
14Code or a similar provision of a local ordinance.
15    (l) A defendant charged with violating any provision of the
16Illinois Vehicle Code or a similar provision of a local
17ordinance who receives a disposition of supervision under
18subsection (c) shall pay an additional fee of $29, to be
19collected as provided in Sections 27.5 and 27.6 of the Clerks
20of Courts Act. In addition to the $29 fee, the person shall
21also pay a fee of $6, which, if not waived by the court, shall
22be collected as provided in Sections 27.5 and 27.6 of the
23Clerks of Courts Act. The $29 fee shall be disbursed as
24provided in Section 16-104c of the Illinois Vehicle Code. If
25the $6 fee is collected, $5.50 of the fee shall be deposited
26into the Circuit Court Clerk Operation and Administrative Fund

 

 

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1created by the Clerk of the Circuit Court and 50 cents of the
2fee shall be deposited into the Prisoner Review Board Vehicle
3and Equipment Fund in the State treasury.
4    (m) Any person convicted of, pleading guilty to, or placed
5on supervision for a serious traffic violation, as defined in
6Section 1-187.001 of the Illinois Vehicle Code, a violation of
7Section 11-501 of the Illinois Vehicle Code, or a violation of
8a similar provision of a local ordinance shall pay an
9additional fee of $35, to be disbursed as provided in Section
1016-104d of that Code.
11    This subsection (m) becomes inoperative on January 1, 2020
127 years after October 13, 2007 (the effective date of Public
13Act 95-154).
14    (n) The provisions of paragraph (c) shall not apply to any
15person under the age of 18 who commits an offense against
16traffic regulations governing the movement of vehicles or any
17violation of Section 6-107 or Section 12-603.1 of the Illinois
18Vehicle Code, except upon personal appearance of the defendant
19in court and upon the written consent of the defendant's parent
20or legal guardian, executed before the presiding judge. The
21presiding judge shall have the authority to waive this
22requirement upon the showing of good cause by the defendant.
23    (o) The provisions of paragraph (c) shall not apply to a
24defendant charged with violating Section 6-303 of the Illinois
25Vehicle Code or a similar provision of a local ordinance when
26the suspension was for a violation of Section 11-501.1 of the

 

 

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1Illinois Vehicle Code and when:
2        (1) at the time of the violation of Section 11-501.1 of
3    the Illinois Vehicle Code, the defendant was a first
4    offender pursuant to Section 11-500 of the Illinois Vehicle
5    Code and the defendant failed to obtain a monitoring device
6    driving permit; or
7        (2) at the time of the violation of Section 11-501.1 of
8    the Illinois Vehicle Code, the defendant was a first
9    offender pursuant to Section 11-500 of the Illinois Vehicle
10    Code, had subsequently obtained a monitoring device
11    driving permit, but was driving a vehicle not equipped with
12    a breath alcohol ignition interlock device as defined in
13    Section 1-129.1 of the Illinois Vehicle Code.
14    (p) The provisions of paragraph (c) shall not apply to a
15defendant charged with violating Section 11-601.5 of the
16Illinois Vehicle Code or a similar provision of a local
17ordinance.
18    (q) The provisions of paragraph (c) shall not apply to a
19defendant charged with violating subsection (b) of Section
2011-601 of the Illinois Vehicle Code when the defendant was
21operating a vehicle, in an urban district, at a speed in excess
22of 25 miles per hour over the posted speed limit.
23    (r) The provisions of paragraph (c) shall not apply to a
24defendant charged with violating any provision of the Illinois
25Vehicle Code or a similar provision of a local ordinance if the
26violation was the proximate cause of the death of another and

 

 

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1the defendant's driving abstract contains a prior conviction or
2disposition of court supervision for any violation of the
3Illinois Vehicle Code, other than an equipment violation, or a
4suspension, revocation, or cancellation of the driver's
5license.
6(Source: P.A. 97-333, eff. 8-12-11; 97-597, eff. 1-1-12;
797-831, eff. 7-1-13; 97-1108, eff. 1-1-13; 97-1150, eff.
81-25-13; 98-169, eff. 1-1-14.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.