Illinois General Assembly - Full Text of SB3558
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Full Text of SB3558  98th General Assembly

SB3558enr 98TH GENERAL ASSEMBLY

  
  
  

 


 
SB3558 EnrolledLRB098 20002 JLK 55229 b

1    AN ACT concerning human trafficking.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by adding
5Section 5.855 as follows:
 
6    (30 ILCS 105/5.855 new)
7    Sec. 5.855. The Specialized Services for Survivors of Human
8Trafficking Fund.
 
9    Section 10. The Clerks of Courts Act is amended by changing
10Section 27.6 as follows:
 
11    (705 ILCS 105/27.6)
12    (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625,
1396-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, and
1497-1150)
15    Sec. 27.6. (a) All fees, fines, costs, additional
16penalties, bail balances assessed or forfeited, and any other
17amount paid by a person to the circuit clerk equalling an
18amount of $55 or more, except the fine imposed by Section
195-9-1.15 of the Unified Code of Corrections, the additional fee
20required by subsections (b) and (c), restitution under Section
215-5-6 of the Unified Code of Corrections, contributions to a

 

 

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1local anti-crime program ordered pursuant to Section
25-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
3Corrections, reimbursement for the costs of an emergency
4response as provided under Section 11-501 of the Illinois
5Vehicle Code, any fees collected for attending a traffic safety
6program under paragraph (c) of Supreme Court Rule 529, any fee
7collected on behalf of a State's Attorney under Section 4-2002
8of the Counties Code or a sheriff under Section 4-5001 of the
9Counties Code, or any cost imposed under Section 124A-5 of the
10Code of Criminal Procedure of 1963, for convictions, orders of
11supervision, or any other disposition for a violation of
12Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
13similar provision of a local ordinance, and any violation of
14the Child Passenger Protection Act, or a similar provision of a
15local ordinance, and except as otherwise provided in this
16Section shall be disbursed within 60 days after receipt by the
17circuit clerk as follows: 44.5% shall be disbursed to the
18entity authorized by law to receive the fine imposed in the
19case; 16.825% shall be disbursed to the State Treasurer; and
2038.675% shall be disbursed to the county's general corporate
21fund. Of the 16.825% disbursed to the State Treasurer, 2/17
22shall be deposited by the State Treasurer into the Violent
23Crime Victims Assistance Fund, 5.052/17 shall be deposited into
24the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
25be deposited into the Drivers Education Fund, and 6.948/17
26shall be deposited into the Trauma Center Fund. Of the 6.948/17

 

 

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1deposited into the Trauma Center Fund from the 16.825%
2disbursed to the State Treasurer, 50% shall be disbursed to the
3Department of Public Health and 50% shall be disbursed to the
4Department of Healthcare and Family Services. For fiscal year
51993, amounts deposited into the Violent Crime Victims
6Assistance Fund, the Traffic and Criminal Conviction Surcharge
7Fund, or the Drivers Education Fund shall not exceed 110% of
8the amounts deposited into those funds in fiscal year 1991. Any
9amount that exceeds the 110% limit shall be distributed as
10follows: 50% shall be disbursed to the county's general
11corporate fund and 50% shall be disbursed to the entity
12authorized by law to receive the fine imposed in the case. Not
13later than March 1 of each year the circuit clerk shall submit
14a report of the amount of funds remitted to the State Treasurer
15under this Section during the preceding year based upon
16independent verification of fines and fees. All counties shall
17be subject to this Section, except that counties with a
18population under 2,000,000 may, by ordinance, elect not to be
19subject to this Section. For offenses subject to this Section,
20judges shall impose one total sum of money payable for
21violations. The circuit clerk may add on no additional amounts
22except for amounts that are required by Sections 27.3a and
2327.3c of this Act, unless those amounts are specifically waived
24by the judge. With respect to money collected by the circuit
25clerk as a result of forfeiture of bail, ex parte judgment or
26guilty plea pursuant to Supreme Court Rule 529, the circuit

 

 

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1clerk shall first deduct and pay amounts required by Sections
227.3a and 27.3c of this Act. This Section is a denial and
3limitation of home rule powers and functions under subsection
4(h) of Section 6 of Article VII of the Illinois Constitution.
5    (b) In addition to any other fines and court costs assessed
6by the courts, any person convicted or receiving an order of
7supervision for driving under the influence of alcohol or drugs
8shall pay an additional fee of $100 to the clerk of the circuit
9court. This amount, less 2 1/2% that shall be used to defray
10administrative costs incurred by the clerk, shall be remitted
11by the clerk to the Treasurer within 60 days after receipt for
12deposit into the Trauma Center Fund. This additional fee of
13$100 shall not be considered a part of the fine for purposes of
14any reduction in the fine for time served either before or
15after sentencing. Not later than March 1 of each year the
16Circuit Clerk shall submit a report of the amount of funds
17remitted to the State Treasurer under this subsection during
18the preceding calendar year.
19    (b-1) In addition to any other fines and court costs
20assessed by the courts, any person convicted or receiving an
21order of supervision for driving under the influence of alcohol
22or drugs shall pay an additional fee of $5 to the clerk of the
23circuit court. This amount, less 2 1/2% that shall be used to
24defray administrative costs incurred by the clerk, shall be
25remitted by the clerk to the Treasurer within 60 days after
26receipt for deposit into the Spinal Cord Injury Paralysis Cure

 

 

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1Research Trust Fund. This additional fee of $5 shall not be
2considered a part of the fine for purposes of any reduction in
3the fine for time served either before or after sentencing. 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 subsection during the preceding calendar year.
7    (c) In addition to any other fines and court costs assessed
8by the courts, any person convicted for a violation of Sections
924-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or the
10Criminal Code of 2012 or a person sentenced for a violation of
11the Cannabis Control Act, the Illinois Controlled Substances
12Act, or the Methamphetamine Control and Community Protection
13Act shall pay an additional fee of $100 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 Trauma Center Fund. This
18additional fee of $100 shall not be considered a part of the
19fine for purposes of any reduction in the fine for time served
20either before or after sentencing. Not later than March 1 of
21each year the Circuit Clerk shall submit a report of the amount
22of funds remitted to the State Treasurer under this subsection
23during the preceding calendar year.
24    (c-1) In addition to any other fines and court costs
25assessed by the courts, any person sentenced for a violation of
26the Cannabis Control Act, the Illinois Controlled Substances

 

 

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

 

 

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1    for Animals Act and Section 26-5 or 48-1 of the Criminal
2    Code of 1961 or the Criminal Code of 2012.
3    (e) Any person who receives a disposition of court
4supervision for a violation of the Illinois Vehicle Code or a
5similar provision of a local ordinance shall, in addition to
6any other fines, fees, and court costs, pay an additional fee
7of $29, to be disbursed as provided in Section 16-104c of the
8Illinois Vehicle Code. In addition to the fee of $29, the
9person shall also pay a fee of $6, if not waived by the court.
10If this $6 fee is collected, $5.50 of the fee shall be
11deposited into the Circuit Court Clerk Operation and
12Administrative Fund created by the Clerk of the Circuit Court
13and 50 cents of the fee shall be deposited into the Prisoner
14Review Board Vehicle and Equipment Fund in the State treasury.
15    (f) This Section does not apply to the additional child
16pornography fines assessed and collected under Section
175-9-1.14 of the Unified Code of Corrections.
18    (g) (Blank).
19    (h) (Blank).
20    (i) Of the amounts collected as fines under subsection (b)
21of Section 3-712 of the Illinois Vehicle Code, 99% shall be
22deposited into the Illinois Military Family Relief Fund and 1%
23shall be deposited into the Circuit Court Clerk Operation and
24Administrative Fund created by the Clerk of the Circuit Court
25to be used to offset the costs incurred by the Circuit Court
26Clerk in performing the additional duties required to collect

 

 

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1and disburse funds to entities of State and local government as
2provided by law.
3    (j) Any person convicted of, pleading guilty to, or placed
4on supervision for a serious traffic violation, as defined in
5Section 1-187.001 of the Illinois Vehicle Code, a violation of
6Section 11-501 of the Illinois Vehicle Code, or a violation of
7a similar provision of a local ordinance shall pay an
8additional fee of $35, to be disbursed as provided in Section
916-104d of that Code.
10    This subsection (j) becomes inoperative 7 years after the
11effective date of Public Act 95-154.
12    (k) For any conviction or disposition of court supervision
13for a violation of Section 11-1429 of the Illinois Vehicle
14Code, the circuit clerk shall distribute the fines paid by the
15person as specified by subsection (h) of Section 11-1429 of the
16Illinois Vehicle Code.
17    (l) Any person who receives a disposition of court
18supervision for a violation of Section 11-501 of the Illinois
19Vehicle Code or a similar provision of a local ordinance shall,
20in addition to any other fines, fees, and court costs, pay an
21additional fee of $50, which shall be collected by the circuit
22clerk and then remitted to the State Treasurer for deposit into
23the Roadside Memorial Fund, a special fund in the State
24treasury. However, the court may waive the fee if full
25restitution is complied with. Subject to appropriation, all
26moneys in the Roadside Memorial Fund shall be used by the

 

 

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

 

 

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1This amount, less 2.5% that shall be used to defray
2administrative costs incurred by the clerk, shall be remitted
3by the clerk to the State Treasurer within 60 days after
4receipt for deposit into the State Police Merit Board Public
5Safety Fund.
6    (o) The amounts collected as fines under Sections 10-9,
711-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall
8be collected by the circuit clerk and distributed as provided
9under Section 5-9-1.21 of the Unified Code of Corrections in
10lieu of any disbursement under subsection (a) of this Section.
11(Source: P.A. 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428,
12eff. 8-24-07; 95-600, eff. 6-1-08; 95-876, eff. 8-21-08;
1396-286, eff. 8-11-09; 96-576, eff. 8-18-09; 96-578, eff.
148-18-09; 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-1175,
15eff. 9-20-10; 96-1342, eff. 1-1-11; 97-1051, eff. 1-1-13;
1697-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
17    (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667,
1896-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, and
1997-1150)
20    Sec. 27.6. (a) All fees, fines, costs, additional
21penalties, bail balances assessed or forfeited, and any other
22amount paid by a person to the circuit clerk equalling an
23amount of $55 or more, except the fine imposed by Section
245-9-1.15 of the Unified Code of Corrections, the additional fee
25required by subsections (b) and (c), restitution under Section

 

 

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15-5-6 of the Unified Code of Corrections, contributions to a
2local anti-crime program ordered pursuant to Section
35-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
4Corrections, reimbursement for the costs of an emergency
5response as provided under Section 11-501 of the Illinois
6Vehicle Code, any fees collected for attending a traffic safety
7program under paragraph (c) of Supreme Court Rule 529, any fee
8collected on behalf of a State's Attorney under Section 4-2002
9of the Counties Code or a sheriff under Section 4-5001 of the
10Counties Code, or any cost imposed under Section 124A-5 of the
11Code of Criminal Procedure of 1963, for convictions, orders of
12supervision, or any other disposition for a violation of
13Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
14similar provision of a local ordinance, and any violation of
15the Child Passenger Protection Act, or a similar provision of a
16local ordinance, and except as otherwise provided in this
17Section shall be disbursed within 60 days after receipt by the
18circuit clerk as follows: 44.5% shall be disbursed to the
19entity authorized by law to receive the fine imposed in the
20case; 16.825% shall be disbursed to the State Treasurer; and
2138.675% shall be disbursed to the county's general corporate
22fund. Of the 16.825% disbursed to the State Treasurer, 2/17
23shall be deposited by the State Treasurer into the Violent
24Crime Victims Assistance Fund, 5.052/17 shall be deposited into
25the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
26be deposited into the Drivers Education Fund, and 6.948/17

 

 

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1shall be deposited into the Trauma Center Fund. Of the 6.948/17
2deposited into the Trauma Center Fund from the 16.825%
3disbursed to the State Treasurer, 50% shall be disbursed to the
4Department of Public Health and 50% shall be disbursed to the
5Department of Healthcare and Family Services. For fiscal year
61993, 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 court
7order, the clerk of the court 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) In addition to any other fines and court costs assessed
21by the courts, any person convicted or receiving an order of
22supervision for driving under the influence of alcohol or drugs
23shall pay an additional fee of $100 to the clerk of the circuit
24court. This amount, less 2 1/2% that shall be used to defray
25administrative costs incurred by the clerk, shall be remitted
26by the clerk to the Treasurer within 60 days after receipt for

 

 

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1deposit into the Trauma Center Fund. This additional fee of
2$100 shall not be considered a part of the fine for purposes of
3any reduction in the fine for time served either before or
4after sentencing. Not later than March 1 of each year the
5Circuit Clerk shall submit a report of the amount of funds
6remitted to the State Treasurer under this subsection during
7the preceding calendar year.
8    (b-1) In addition to any other fines and court costs
9assessed by the courts, any person convicted or receiving an
10order of supervision for driving under the influence of alcohol
11or drugs shall pay an additional fee of $5 to the clerk of the
12circuit court. This amount, less 2 1/2% that shall be used to
13defray administrative costs incurred by the clerk, shall be
14remitted by the clerk to the Treasurer within 60 days after
15receipt for deposit into the Spinal Cord Injury Paralysis Cure
16Research Trust Fund. This additional fee of $5 shall not be
17considered a part of the fine for purposes of any reduction in
18the fine for time served either before or after sentencing. Not
19later than March 1 of each year the Circuit Clerk shall submit
20a report of the amount of funds remitted to the State Treasurer
21under this subsection during the preceding calendar year.
22    (c) In addition to any other fines and court costs assessed
23by the courts, any person convicted for a violation of Sections
2424-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or the
25Criminal Code of 2012 or a person sentenced for a violation of
26the Cannabis Control Act, the Illinois Controlled Substances

 

 

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

 

 

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

 

 

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1Administrative Fund created by the Clerk of the Circuit Court
2and 50 cents of the fee shall be deposited into the Prisoner
3Review Board Vehicle and Equipment Fund in the State treasury.
4    (f) This Section does not apply to the additional child
5pornography fines assessed and collected under Section
65-9-1.14 of the Unified Code of Corrections.
7    (g) Any person convicted of or pleading guilty to a serious
8traffic violation, as defined in Section 1-187.001 of the
9Illinois Vehicle Code, shall pay an additional fee of $35, to
10be disbursed as provided in Section 16-104d of that Code. This
11subsection (g) becomes inoperative 7 years after the effective
12date of Public Act 95-154.
13    (h) In all counties having a population of 3,000,000 or
14more inhabitants,
15        (1) A person who is found guilty of or pleads guilty to
16    violating subsection (a) of Section 11-501 of the Illinois
17    Vehicle Code, including any person placed on court
18    supervision for violating subsection (a), shall be fined
19    $750 as provided for by subsection (f) of Section 11-501.01
20    of the Illinois Vehicle Code, payable to the circuit clerk,
21    who shall distribute the money pursuant to subsection (f)
22    of Section 11-501.01 of the Illinois Vehicle Code.
23        (2) When a crime laboratory DUI analysis fee of $150,
24    provided for by Section 5-9-1.9 of the Unified Code of
25    Corrections is assessed, it shall be disbursed by the
26    circuit clerk as provided by subsection (f) of Section

 

 

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1    5-9-1.9 of the Unified Code of Corrections.
2        (3) When a fine for a violation of Section 11-605.1 of
3    the Illinois Vehicle Code is $250 or greater, the person
4    who violated that Section shall be charged an additional
5    $125 as provided for by subsection (e) of Section 11-605.1
6    of the Illinois Vehicle Code, which shall be disbursed by
7    the circuit clerk to a State or county Transportation
8    Safety Highway Hire-back Fund as provided by subsection (e)
9    of Section 11-605.1 of the Illinois Vehicle Code.
10        (4) When a fine for a violation of subsection (a) of
11    Section 11-605 of the Illinois Vehicle Code is $150 or
12    greater, the additional $50 which is charged as provided
13    for by subsection (f) of Section 11-605 of the Illinois
14    Vehicle Code shall be disbursed by the circuit clerk to a
15    school district or districts for school safety purposes as
16    provided by subsection (f) of Section 11-605.
17        (5) When a fine for a violation of subsection (a) of
18    Section 11-1002.5 of the Illinois Vehicle Code is $150 or
19    greater, the additional $50 which is charged as provided
20    for by subsection (c) of Section 11-1002.5 of the Illinois
21    Vehicle Code shall be disbursed by the circuit clerk to a
22    school district or districts for school safety purposes as
23    provided by subsection (c) of Section 11-1002.5 of the
24    Illinois Vehicle Code.
25        (6) When a mandatory drug court fee of up to $5 is
26    assessed as provided in subsection (f) of Section 5-1101 of

 

 

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1    the Counties Code, it shall be disbursed by the circuit
2    clerk as provided in subsection (f) of Section 5-1101 of
3    the Counties Code.
4        (7) When a mandatory teen court, peer jury, youth
5    court, or other youth diversion program fee is assessed as
6    provided in subsection (e) of Section 5-1101 of the
7    Counties Code, it shall be disbursed by the circuit clerk
8    as provided in subsection (e) of Section 5-1101 of the
9    Counties Code.
10        (8) When a Children's Advocacy Center fee is assessed
11    pursuant to subsection (f-5) of Section 5-1101 of the
12    Counties Code, it shall be disbursed by the circuit clerk
13    as provided in subsection (f-5) of Section 5-1101 of the
14    Counties Code.
15        (9) When a victim impact panel fee is assessed pursuant
16    to subsection (b) of Section 11-501.01 of the Vehicle Code,
17    it shall be disbursed by the circuit clerk to the victim
18    impact panel to be attended by the defendant.
19        (10) When a new fee collected in traffic cases is
20    enacted after the effective date of this subsection (h), it
21    shall be excluded from the percentage disbursement
22    provisions of this Section unless otherwise indicated by
23    law.
24    (i) Of the amounts collected as fines under subsection (b)
25of Section 3-712 of the Illinois Vehicle Code, 99% shall be
26deposited into the Illinois Military Family Relief Fund and 1%

 

 

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1shall be deposited into the Circuit Court Clerk Operation and
2Administrative Fund created by the Clerk of the Circuit Court
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    (j) (Blank).
8    (k) For any conviction or disposition of court supervision
9for a violation of Section 11-1429 of the Illinois Vehicle
10Code, the circuit clerk shall distribute the fines paid by the
11person as specified by subsection (h) of Section 11-1429 of the
12Illinois Vehicle Code.
13    (l) Any person who receives a disposition of court
14supervision for a violation of Section 11-501 of the Illinois
15Vehicle Code or a similar provision of a local ordinance shall,
16in addition to any other fines, fees, and court costs, pay an
17additional fee of $50, which shall be collected by the circuit
18clerk and then remitted to the State Treasurer for deposit into
19the Roadside Memorial Fund, a special fund in the State
20treasury. However, the court may waive the fee if full
21restitution is complied with. Subject to appropriation, all
22moneys in the Roadside Memorial Fund shall be used by the
23Department of Transportation to pay fees imposed under
24subsection (f) of Section 20 of the Roadside Memorial Act. The
25fee shall be remitted by the circuit clerk within one month
26after receipt to the State Treasurer for deposit into the

 

 

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1Roadside Memorial Fund.
2    (m) Of the amounts collected as fines under subsection (c)
3of Section 411.4 of the Illinois Controlled Substances Act or
4subsection (c) of Section 90 of the Methamphetamine Control and
5Community Protection Act, 99% shall be deposited to the law
6enforcement agency or fund specified and 1% shall be deposited
7into the Circuit Court Clerk Operation and Administrative Fund
8to be used to offset the costs incurred by the Circuit Court
9Clerk in performing the additional duties required to collect
10and disburse funds to entities of State and local government as
11provided by law.
12    (n) In addition to any other fines and court costs assessed
13by the courts, any person who is convicted of or pleads guilty
14to a violation of the Criminal Code of 1961 or the Criminal
15Code of 2012, or a similar provision of a local ordinance, or
16who is convicted of, pleads guilty to, or receives a
17disposition of court supervision for a violation of the
18Illinois Vehicle Code, or a similar provision of a local
19ordinance, shall pay an additional fee of $15 to the clerk of
20the circuit court. This additional fee of $15 shall not be
21considered a part of the fine for purposes of any reduction in
22the fine for time served either before or after sentencing.
23This amount, less 2.5% that shall be used to defray
24administrative costs incurred by the clerk, shall be remitted
25by the clerk to the State Treasurer within 60 days after
26receipt for deposit into the State Police Merit Board Public

 

 

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1Safety Fund.
2    (o) The amounts collected as fines under Sections 10-9,
311-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall
4be collected by the circuit clerk and distributed as provided
5under Section 5-9-1.21 of the Unified Code of Corrections in
6lieu of any disbursement under subsection (a) of this Section.
7(Source: P.A. 96-576, eff. 8-18-09; 96-578, eff. 8-18-09;
896-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-735, eff. 1-1-10;
996-1175, eff. 9-20-10; 96-1342, eff. 1-1-11; 97-434, eff.
101-1-12; 97-1051, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1150,
11eff. 1-25-13.)
 
12    Section 15. The Criminal Code of 2012 is amended by
13changing Sections 10-9, 11-14.1, 11-14.3, 11-18, and 36.5-5 as
14follows:
 
15    (720 ILCS 5/10-9)
16    Sec. 10-9. Trafficking in persons, involuntary servitude,
17and related offenses.
18    (a) Definitions. In this Section:
19        (1) "Intimidation" has the meaning prescribed in
20    Section 12-6.
21        (2) "Commercial sexual activity" means any sex act on
22    account of which anything of value is given, promised to,
23    or received by any person.
24        (3) "Financial harm" includes intimidation that brings

 

 

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1    about financial loss, criminal usury, or employment
2    contracts that violate the Frauds Act.
3        (4) (Blank). "
4        (5) "Labor" means work of economic or financial value.
5        (6) "Maintain" means, in relation to labor or services,
6    to secure continued performance thereof, regardless of any
7    initial agreement on the part of the victim to perform that
8    type of service.
9        (7) "Obtain" means, in relation to labor or services,
10    to secure performance thereof.
11        (7.5) "Serious harm" means any harm, whether physical
12    or nonphysical, including psychological, financial, or
13    reputational harm, that is sufficiently serious, under all
14    the surrounding circumstances, to compel a reasonable
15    person of the same background and in the same circumstances
16    to perform or to continue performing labor or services in
17    order to avoid incurring that harm.
18        (8) "Services" means activities resulting from a
19    relationship between a person and the actor in which the
20    person performs activities under the supervision of or for
21    the benefit of the actor. Commercial sexual activity and
22    sexually-explicit performances are forms of activities
23    that are "services" under this Section. Nothing in this
24    definition may be construed to legitimize or legalize
25    prostitution.
26        (9) "Sexually-explicit performance" means a live,

 

 

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1    recorded, broadcast (including over the Internet), or
2    public act or show intended to arouse or satisfy the sexual
3    desires or appeal to the prurient interests of patrons.
4        (10) "Trafficking victim" means a person subjected to
5    the practices set forth in subsection (b), (c), or (d).
6    (b) Involuntary servitude. A person commits involuntary
7servitude when he or she knowingly subjects, attempts to
8subject, or engages in a conspiracy to subject another person
9to labor or services obtained or maintained through any of the
10following means, or any combination of these means:
11        (1) causes or threatens to cause physical harm to any
12    person;
13        (2) physically restrains or threatens to physically
14    restrain another person;
15        (3) abuses or threatens to abuse the law or legal
16    process;
17        (4) knowingly destroys, conceals, removes,
18    confiscates, or possesses any actual or purported passport
19    or other immigration document, or any other actual or
20    purported government identification document, of another
21    person;
22        (5) uses intimidation, or exerts financial control
23    over any person; or
24        (6) uses any scheme, plan, or pattern intended to cause
25    the person to believe that, if the person did not perform
26    the labor or services, that person or another person would

 

 

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1    suffer serious harm or physical restraint.
2    Sentence. Except as otherwise provided in subsection (e) or
3(f), a violation of subsection (b)(1) is a Class X felony,
4(b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4)
5is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony.
6    (c) Involuntary sexual servitude of a minor. A person
7commits involuntary sexual servitude of a minor when he or she
8knowingly recruits, entices, harbors, transports, provides, or
9obtains by any means, or attempts to recruit, entice, harbor,
10provide, or obtain by any means, another person under 18 years
11of age, knowing that the minor will engage in commercial sexual
12activity, a sexually-explicit performance, or the production
13of pornography, or causes or attempts to cause a minor to
14engage in one or more of those activities and:
15        (1) there is no overt force or threat and the minor is
16    between the ages of 17 and 18 years;
17        (2) there is no overt force or threat and the minor is
18    under the age of 17 years; or
19        (3) there is overt force or threat.
20    Sentence. Except as otherwise provided in subsection (e) or
21(f), a violation of subsection (c)(1) is a Class 1 felony,
22(c)(2) is a Class X felony, and (c)(3) is a Class X felony.
23    (d) Trafficking in persons. A person commits trafficking in
24persons when he or she knowingly: (1) recruits, entices,
25harbors, transports, provides, or obtains by any means, or
26attempts to recruit, entice, harbor, transport, provide, or

 

 

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1obtain by any means, another person, intending or knowing that
2the person will be subjected to involuntary servitude; or (2)
3benefits, financially or by receiving anything of value, from
4participation in a venture that has engaged in an act of
5involuntary servitude or involuntary sexual servitude of a
6minor.
7    Sentence. Except as otherwise provided in subsection (e) or
8(f), a violation of this subsection is a Class 1 felony.
9    (e) Aggravating factors. A violation of this Section
10involving kidnapping or an attempt to kidnap, aggravated
11criminal sexual assault or an attempt to commit aggravated
12criminal sexual assault, or an attempt to commit first degree
13murder is a Class X felony.
14    (f) Sentencing considerations.
15        (1) Bodily injury. If, pursuant to a violation of this
16    Section, a victim suffered bodily injury, the defendant may
17    be sentenced to an extended-term sentence under Section
18    5-8-2 of the Unified Code of Corrections. The sentencing
19    court must take into account the time in which the victim
20    was held in servitude, with increased penalties for cases
21    in which the victim was held for between 180 days and one
22    year, and increased penalties for cases in which the victim
23    was held for more than one year.
24        (2) Number of victims. In determining sentences within
25    statutory maximums, the sentencing court should take into
26    account the number of victims, and may provide for

 

 

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1    substantially increased sentences in cases involving more
2    than 10 victims.
3    (g) Restitution. Restitution is mandatory under this
4Section. In addition to any other amount of loss identified,
5the court shall order restitution including the greater of (1)
6the gross income or value to the defendant of the victim's
7labor or services or (2) the value of the victim's labor as
8guaranteed under the Minimum Wage Law and overtime provisions
9of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law,
10whichever is greater.
11    (g-5) Fine distribution. If the court imposes a fine under
12subsection (b), (c), or (d) of this Section, it shall be
13collected and distributed to the Specialized Services for
14Survivors of Human Trafficking Fund in accordance with Section
155-9-1.21 of the Unified Code of Corrections.
16    (h) Trafficking victim services. Subject to the
17availability of funds, the Department of Human Services may
18provide or fund emergency services and assistance to
19individuals who are victims of one or more offenses defined in
20this Section.
21    (i) Certification. The Attorney General, a State's
22Attorney, or any law enforcement official shall certify in
23writing to the United States Department of Justice or other
24federal agency, such as the United States Department of
25Homeland Security, that an investigation or prosecution under
26this Section has begun and the individual who is a likely

 

 

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1victim of a crime described in this Section is willing to
2cooperate or is cooperating with the investigation to enable
3the individual, if eligible under federal law, to qualify for
4an appropriate special immigrant visa and to access available
5federal benefits. Cooperation with law enforcement shall not be
6required of victims of a crime described in this Section who
7are under 18 years of age. This certification shall be made
8available to the victim and his or her designated legal
9representative.
10    (j) A person who commits involuntary servitude,
11involuntary sexual servitude of a minor, or trafficking in
12persons under subsection (b), (c), or (d) of this Section is
13subject to the property forfeiture provisions set forth in
14Article 124B of the Code of Criminal Procedure of 1963.
15(Source: P.A. 96-710, eff. 1-1-10; incorporates 96-712, eff.
161-1-10; 96-1000, eff. 7-2-10; 97-897, eff. 1-1-13; revised
1711-12-13.)
 
18    (720 ILCS 5/11-14.1)
19    Sec. 11-14.1. Solicitation of a sexual act.
20    (a) Any person who offers a person not his or her spouse
21any money, property, token, object, or article or anything of
22value for that person or any other person not his or her spouse
23to perform any act of sexual penetration as defined in Section
2411-0.1 of this Code, or any touching or fondling of the sex
25organs of one person by another person for the purpose of

 

 

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1sexual arousal or gratification, commits solicitation of a
2sexual act.
3    (b) Sentence. Solicitation of a sexual act is a Class A
4misdemeanor. Solicitation of a sexual act from a person who is
5under the age of 18 or who is severely or profoundly
6intellectually disabled is a Class 4 felony. If the court
7imposes a fine under this subsection (b), it shall be collected
8and distributed to the Specialized Services for Survivors of
9Human Trafficking Fund in accordance with Section 5-9-1.21 of
10the Unified Code of Corrections.
11    (b-5) It is an affirmative defense to a charge of
12solicitation of a sexual act with a person who is under the age
13of 18 or who is severely or profoundly intellectually disabled
14that the accused reasonably believed the person was of the age
15of 18 years or over or was not a severely or profoundly
16intellectually disabled person at the time of the act giving
17rise to the charge.
18    (c) This Section does not apply to a person engaged in
19prostitution who is under 18 years of age.
20    (d) A person cannot be convicted under this Section if the
21practice of prostitution underlying the offense consists
22exclusively of the accused's own acts of prostitution under
23Section 11-14 of this Code.
24(Source: P.A. 96-1464, eff. 8-20-10; 96-1551, eff. 7-1-11;
2597-227, eff. 1-1-12; 97-1109, eff. 1-1-13.)
 

 

 

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1    (720 ILCS 5/11-14.3)
2    Sec. 11-14.3. Promoting prostitution.
3    (a) Any person who knowingly performs any of the following
4acts commits promoting prostitution:
5        (1) advances prostitution as defined in Section
6    11-0.1;
7        (2) profits from prostitution by:
8            (A) compelling a person to become a prostitute;
9            (B) arranging or offering to arrange a situation in
10        which a person may practice prostitution; or
11            (C) any means other than those described in
12        subparagraph (A) or (B), including from a person who
13        patronizes a prostitute. This paragraph (C) does not
14        apply to a person engaged in prostitution who is under
15        18 years of age. A person cannot be convicted of
16        promoting prostitution under this paragraph (C) if the
17        practice of prostitution underlying the offense
18        consists exclusively of the accused's own acts of
19        prostitution under Section 11-14 of this Code.
20    (b) Sentence.
21        (1) A violation of subdivision (a)(1) is a Class 4
22    felony, unless committed within 1,000 feet of real property
23    comprising a school, in which case it is a Class 3 felony.
24    A second or subsequent violation of subdivision (a)(1), or
25    any combination of convictions under subdivision (a)(1),
26    (a)(2)(A), or (a)(2)(B) and Section 11-14 (prostitution),

 

 

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1    11-14.1 (solicitation of a sexual act), 11-14.4 (promoting
2    juvenile prostitution), 11-15 (soliciting for a
3    prostitute), 11-15.1 (soliciting for a juvenile
4    prostitute), 11-16 (pandering), 11-17 (keeping a place of
5    prostitution), 11-17.1 (keeping a place of juvenile
6    prostitution), 11-18 (patronizing a prostitute), 11-18.1
7    (patronizing a juvenile prostitute), 11-19 (pimping),
8    11-19.1 (juvenile pimping or aggravated juvenile pimping),
9    or 11-19.2 (exploitation of a child), is a Class 3 felony.
10        (2) A violation of subdivision (a)(2)(A) or (a)(2)(B)
11    is a Class 4 felony, unless committed within 1,000 feet of
12    real property comprising a school, in which case it is a
13    Class 3 felony.
14        (3) A violation of subdivision (a)(2)(C) is a Class 4
15    felony, unless committed within 1,000 feet of real property
16    comprising a school, in which case it is a Class 3 felony.
17    A second or subsequent violation of subdivision (a)(2)(C),
18    or any combination of convictions under subdivision
19    (a)(2)(C) and subdivision (a)(1), (a)(2)(A), or (a)(2)(B)
20    of this Section (promoting prostitution), 11-14
21    (prostitution), 11-14.1 (solicitation of a sexual act),
22    11-14.4 (promoting juvenile prostitution), 11-15
23    (soliciting for a prostitute), 11-15.1 (soliciting for a
24    juvenile prostitute), 11-16 (pandering), 11-17 (keeping a
25    place of prostitution), 11-17.1 (keeping a place of
26    juvenile prostitution), 11-18 (patronizing a prostitute),

 

 

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1    11-18.1 (patronizing a juvenile prostitute), 11-19
2    (pimping), 11-19.1 (juvenile pimping or aggravated
3    juvenile pimping), or 11-19.2 (exploitation of a child), is
4    a Class 3 felony.
5    If the court imposes a fine under this subsection (b), it
6shall be collected and distributed to the Specialized Services
7for Survivors of Human Trafficking Fund in accordance with
8Section 5-9-1.21 of the Unified Code of Corrections.
9(Source: P.A. 96-1551, eff. 7-1-11.)
 
10    (720 ILCS 5/11-18)  (from Ch. 38, par. 11-18)
11    Sec. 11-18. Patronizing a prostitute.
12    (a) Any person who knowingly performs any of the following
13acts with a person not his or her spouse commits patronizing a
14prostitute:
15        (1) Engages in an act of sexual penetration as defined
16    in Section 11-0.1 of this Code with a prostitute; or
17        (2) Enters or remains in a place of prostitution with
18    intent to engage in an act of sexual penetration as defined
19    in Section 11-0.1 of this Code; or
20        (3) Engages in any touching or fondling with a
21    prostitute of the sex organs of one person by the other
22    person, with the intent to achieve sexual arousal or
23    gratification.
24    (b) Sentence.
25    Patronizing a prostitute is a Class 4 felony, unless

 

 

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1committed within 1,000 feet of real property comprising a
2school, in which case it is a Class 3 felony. A person
3convicted of a second or subsequent violation of this Section,
4or of any combination of such number of convictions under this
5Section and Sections 11-14 (prostitution), 11-14.1
6(solicitation of a sexual act), 11-14.3 (promoting
7prostitution), 11-14.4 (promoting juvenile prostitution),
811-15 (soliciting for a prostitute), 11-15.1 (soliciting for a
9juvenile prostitute), 11-16 (pandering), 11-17 (keeping a
10place of prostitution), 11-17.1 (keeping a place of juvenile
11prostitution), 11-18.1 (patronizing a juvenile prostitute),
1211-19 (pimping), 11-19.1 (juvenile pimping or aggravated
13juvenile pimping), or 11-19.2 (exploitation of a child) of this
14Code, is guilty of a Class 3 felony. If the court imposes a
15fine under this subsection (b), it shall be collected and
16distributed to the Specialized Services for Survivors of Human
17Trafficking Fund in accordance with Section 5-9-1.21 of the
18Unified Code of Corrections.
19    (c) (Blank).
20(Source: P.A. 96-1464, eff. 8-20-10; 96-1551, eff. 7-1-11.)
 
21    (720 ILCS 5/36.5-5)
22    Sec. 36.5-5. Vehicle impoundment.
23    (a) In addition to any other penalty, fee or forfeiture
24provided by law, a peace officer who arrests a person for a
25violation of Section 10-9, 11-14, 11-14.1, 11-14.3, 11-14.4,

 

 

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111-18, or 11-18.1 of this Code or related municipal ordinance,
2may tow and impound any vehicle used by the person in the
3commission of the violation. The person arrested for one or
4more such violations shall be charged a $1,000 fee, to be paid
5to the law enforcement agency that made the arrest or its
6designated representative. The person may recover the vehicle
7from the impound after a minimum of 2 hours after arrest upon
8payment of the fee.
9    (b) $500 of the fee shall be distributed to the law
10enforcement agency whose peace officers made the arrest, for
11the costs incurred by the law enforcement agency to investigate
12and to tow and impound the vehicle. Upon the defendant's
13conviction of one or more of the violations in connection with
14which the vehicle was impounded and the fee imposed under this
15Section, the remaining $500 of the fee shall be deposited into
16the Specialized Services for Survivors of Human Trafficking
17Fund and disbursed in accordance with subsections (d), (e), and
18(f) of Section 5-9-1.21 of the Unified Code of Corrections. DHS
19State Projects Fund and shall be used by the Department of
20Human Services to make grants to non-governmental
21organizations to provide services for persons encountered
22during the course of an investigation into any violation of
23Section 10-9, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15,
2411-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19,
2511-19.1, or 11-19.2 of this Code, provided such persons
26constitute prostituted persons or other victims of human

 

 

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1trafficking.
2    (c) Upon the presentation by the defendant of a signed
3court order showing that the defendant has been acquitted of
4all of the violations in connection with which a vehicle was
5impounded and a fee imposed under this Section, or that the
6charges against the defendant for those violations have been
7dismissed, the law enforcement agency shall refund the $1,000
8fee to the defendant.
9(Source: P.A. 96-1551, eff. 7-1-11; incorporates 96-1503, eff.
101-27-11, and 97-333, eff. 8-12-11; 97-897, eff. 1-1-13;
1197-1109, eff. 1-1-13; 98-463, eff. 8-16-13.)
 
12    Section 20. The Code of Criminal Procedure of 1963 is
13amended by changing Sections 124B-300, 124B-305, and 124B-500
14as follows:
 
15    (725 ILCS 5/124B-300)
16    Sec. 124B-300. Persons and property subject to forfeiture.
17A person who commits the offense of involuntary servitude,
18involuntary servitude of a minor, or trafficking of persons for
19forced labor or services under Section 10A-10 or Section 10-9
20of the Criminal Code of 1961 or the Criminal Code of 2012,
21promoting juvenile prostitution, keeping a place of juvenile
22prostitution, or promoting prostitution that involves keeping
23a place of prostitution under subsection (a)(1) or (a)(4) of
24Section 11-14.4 or under Section 11-14.3, 11-17.1, or 11-19.2

 

 

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1of the Criminal Code of 1961 or of the Criminal Code of 2012
2shall forfeit to the State of Illinois any profits or proceeds
3and any property he or she has acquired or maintained in
4violation of Section 10A-10 or Section 10-9 of the Criminal
5Code of 1961 or the Criminal Code of 2012, promoting juvenile
6prostitution, keeping a place of juvenile prostitution, or
7promoting prostitution that involves keeping a place of
8prostitution under subsection (a)(1) or (a)(4) of Section
911-14.4 or under Section 11-14.3, 11-17.1, or 11-19.2 of the
10Criminal Code of 1961 or of the Criminal Code of 2012 that the
11sentencing court determines, after a forfeiture hearing under
12this Article, to have been acquired or maintained as a result
13of maintaining a person in involuntary servitude or
14participating in trafficking of persons for forced labor or
15services.
16(Source: P.A. 96-712, eff. 1-1-10; 97-1150, eff. 1-25-13.)
 
17    (725 ILCS 5/124B-305)
18    Sec. 124B-305. Distribution of property and sale proceeds.
19All moneys and the sale proceeds of all other property
20forfeited and seized under this Part 300 shall be distributed
21as follows:
22        (1) 45% 50% shall be divided equally between all State
23    agencies and units of local government whose officers or
24    employees conducted the investigation or initiated the
25    hearing that resulted in the forfeiture.

 

 

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1        (2) 50% shall be deposited into the Specialized
2    Services for Survivors of Human Trafficking Fund and
3    disbursed in accordance with subsections (d), (e), and (f)
4    of Section 5-9-1.21 of the Unified Code of Corrections DHS
5    State Projects Fund and targeted to services for victims of
6    the offenses of involuntary servitude, involuntary sexual
7    servitude of a minor, and trafficking in persons.
8        (3) 5% shall be paid to the Office of the State's
9    Attorneys Appellate Prosecutor to train State's Attorneys
10    on forfeiture proceedings and topics related to human
11    trafficking.
12(Source: P.A. 96-712, eff. 1-1-10; 97-897, eff. 1-1-13.)
 
13    (725 ILCS 5/124B-500)
14    Sec. 124B-500. Persons and property subject to forfeiture.
15A person who commits the offense of promoting juvenile
16prostitution, keeping a place of juvenile prostitution,
17exploitation of a child, child pornography, or aggravated child
18pornography under subdivision (a)(1) or (a)(4) of Section
1911-14.4 or under Section 11-17.1, 11-19.2, 11-20.1, 11-20.1B,
20or 11-20.3 of the Criminal Code of 1961 or the Criminal Code of
212012 shall forfeit the following property to the State of
22Illinois:
23        (1) Any profits or proceeds and any property the person
24    has acquired or maintained in violation of subdivision
25    (a)(1) or (a)(4) of Section 11-14.4 or in violation of

 

 

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1    Section 11-17.1, 11-19.2, 11-20.1, 11-20.1B, or 11-20.3 of
2    the Criminal Code of 1961 or the Criminal Code of 2012 that
3    the sentencing court determines, after a forfeiture
4    hearing under this Article, to have been acquired or
5    maintained as a result of keeping a place of juvenile
6    prostitution, exploitation of a child, child pornography,
7    or aggravated child pornography.
8        (2) Any interest in, securities of, claim against, or
9    property or contractual right of any kind affording a
10    source of influence over any enterprise that the person has
11    established, operated, controlled, or conducted in
12    violation of subdivision (a)(1) or (a)(4) of Section
13    11-14.4 or in violation of Section 11-17.1, 11-19.2,
14    11-20.1, 11-20.1B, or 11-20.3 of the Criminal Code of 1961
15    or the Criminal Code of 2012 that the sentencing court
16    determines, after a forfeiture hearing under this Article,
17    to have been acquired or maintained as a result of keeping
18    a place of juvenile prostitution, exploitation of a child,
19    child pornography, or aggravated child pornography.
20        (3) Any computer that contains a depiction of child
21    pornography in any encoded or decoded format in violation
22    of Section 11-20.1, 11-20.1B, or 11-20.3 of the Criminal
23    Code of 1961 or the Criminal Code of 2012. For purposes of
24    this paragraph (3), "computer" has the meaning ascribed to
25    it in Section 17-0.5 of the Criminal Code of 2012.
26(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11;

 

 

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197-1150, eff. 1-25-13.)
 
2    Section 25. The Unified Code of Corrections is amended by
3adding Section 5-9-1.21 as follows:
 
4    (730 ILCS 5/5-9-1.21 new)
5    Sec. 5-9-1.21. Specialized Services for Survivors of Human
6Trafficking Fund.
7    (a) There is created in the State treasury a Specialized
8Services for Survivors of Human Trafficking Fund. Moneys
9deposited into the Fund under this Section shall be available
10for the Department of Human Services for the purposes in this
11Section.
12    (b) Each plea of guilty, stipulation of facts, or finding
13of guilt resulting in a judgment of conviction or order of
14supervision for an offense under Section 10-9, 11-14.1,
1511-14.3, or 11-18 of the Criminal Code of 2012 that results in
16the imposition of a fine shall have a portion of that fine
17deposited into the Specialized Services for Survivors of Human
18Trafficking Fund.
19    (c) If imposed, the fine shall be collected by the circuit
20court clerk in addition to any other imposed fee. The circuit
21court clerk shall retain $50 to cover the costs in
22administering and enforcing this Section. The circuit court
23clerk shall remit the remainder of the fine within one month of
24its receipt as follows:

 

 

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1        (1) $300 shall be distributed equally between all State
2    law enforcement agencies whose officers or employees
3    conducted the investigation or prosecution that resulted
4    in the finding of guilt; and
5        (2) the remainder of the fine shall be remitted to the
6    Department of Human Services for deposit into the
7    Specialized Services for Survivors of Human Trafficking
8    Fund.
9    (d) Upon appropriation of moneys from the Specialized
10Services for Survivors of Human Trafficking Fund, the
11Department of Human Services shall use these moneys to make
12grants to non-governmental organizations to provide
13specialized, trauma-informed services specifically designed to
14address the priority service needs associated with
15prostitution and human trafficking. Priority services include,
16but are not limited to, community based drop-in centers,
17emergency housing, and long-term safe homes. The Department
18shall consult with prostitution and human trafficking
19advocates, survivors, and service providers to identify
20priority service needs in their respective communities.
21    (e) Grants made under this Section are in addition to, and
22not substitutes for, other grants authorized and made by the
23Department.
24    (f) Notwithstanding any other law to the contrary, the
25Specialized Services for Survivors of Human Trafficking Fund is
26not subject to sweeps, administrative charge-backs, or any

 

 

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1other fiscal maneuver that would in any way transfer any
2amounts from the Specialized Services for Survivors of Human
3Trafficking Fund into any other fund of the State.