Full Text of HB3504 94th General Assembly
HB3504 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB3504
Introduced 2/23/2005, by Rep. Robert W. Pritchard SYNOPSIS AS INTRODUCED: |
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30 ILCS 105/5.640 new |
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730 ILCS 5/5-9-1.1 |
from Ch. 38, par. 1005-9-1.1 |
730 ILCS 5/5-9-1.2 |
from Ch. 38, par. 1005-9-1.2 |
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Amends State Finance Act. Creates the Methamphetamine Law Enforcement Fund in the State treasury. Amends the Unified Code of Corrections. Provides for the imposition of an additional $100 fine upon a person adjudged guilty of a drug related
offense involving possession or delivery of cannabis or possession or delivery
of a controlled substance. Provides that the moneys from this additional fine shall be deposited into the Methamphetamine Law Enforcement Fund and equitably allocated to local law enforcement agencies to: (1) reimburse those agencies for the costs of securing and cleaning up sites and facilities used for the illegal manufacture of methamphetamine; (2) defray the costs of employing full-time or part-time peace officers from a Metropolitan Enforcement Group or other local drug task force, including overtime costs for those officers; and (3) defray the costs associated with medical or dental expenses incurred by the county resulting from the incarceration of methamphetamine addicts in the county jail or County Department of Corrections.
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A BILL FOR
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HB3504 |
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LRB094 08206 RLC 38393 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The State Finance Act is amended by adding | 5 |
| Section 5.640 as follows: | 6 |
| (30 ILCS 105/5.640 new)
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| Sec. 5.640. The Methamphetamine Law Enforcement Fund.
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| Section 10. The Unified Code of Corrections is amended by | 9 |
| changing Sections 5-9-1.1 and 5-9-1.2 as follows:
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| (730 ILCS 5/5-9-1.1) (from Ch. 38, par. 1005-9-1.1)
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| Sec. 5-9-1.1. Drug related offenses.
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| (a) When a person has been adjudged guilty of a drug | 13 |
| related
offense involving possession or delivery of cannabis or | 14 |
| possession or delivery
of a controlled substance as defined in | 15 |
| the Cannabis Control Act, as amended,
or the Illinois | 16 |
| Controlled Substances Act, as amended, in addition to any
other | 17 |
| penalty imposed, a fine shall be levied by the court at not | 18 |
| less than
the full street value of the cannabis or controlled | 19 |
| substances seized.
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| "Street value" shall be determined by the court on the | 21 |
| basis of testimony
of law enforcement personnel and the | 22 |
| defendant as to the amount seized and
such testimony as may be | 23 |
| required by the court as to the current street
value of the | 24 |
| cannabis or controlled substance seized.
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| (b) In addition to any penalty imposed under subsection (a) | 26 |
| of this
Section, a fine of $200
$100 shall be levied by the | 27 |
| court, the proceeds of which
shall be collected by the Circuit | 28 |
| Clerk and remitted to the State Treasurer
under Section 27.6 of | 29 |
| the Clerks of Courts Act . One hundred dollars of that fine | 30 |
| shall be deposited
for deposit into the Trauma
Center Fund for |
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HB3504 |
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LRB094 08206 RLC 38393 b |
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| distribution as provided under Section 3.225 of the Emergency
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| Medical Services (EMS) Systems Act and $100 of that fine shall | 3 |
| be deposited into the Methamphetamine Law Enforcement Fund and | 4 |
| allocated as provided in subsection (d) of Section 5-9-1.2 .
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| (c) In addition to any penalty imposed under subsection (a) | 6 |
| of this
Section, a fee of $5 shall be assessed by the court, | 7 |
| the proceeds of which
shall be collected by the Circuit Clerk | 8 |
| and remitted to the State Treasurer
under Section 27.6 of the | 9 |
| Clerks of Courts Act for deposit into the Spinal Cord
Injury | 10 |
| Paralysis Cure Research Trust Fund.
This additional fee of $5 | 11 |
| shall not be considered a part of the fine for
purposes of any | 12 |
| reduction in the fine for time served either before or after
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| sentencing.
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| (Source: P.A. 92-431, eff. 1-1-02.)
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| (730 ILCS 5/5-9-1.2) (from Ch. 38, par. 1005-9-1.2)
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| Sec. 5-9-1.2. (a) Twelve and one-half percent of all | 17 |
| amounts collected
as fines pursuant to Section 5-9-1.1 shall be | 18 |
| paid into the Youth Drug
Abuse Prevention Fund, which is hereby | 19 |
| created in the State treasury, to be
used by the Department of | 20 |
| Human Services
for the funding of
programs and services for | 21 |
| drug-abuse treatment, and prevention and
education services, | 22 |
| for juveniles.
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| (b) Eighty-seven and one-half percent of the proceeds of | 24 |
| all fines
received pursuant to Section 5-9-1.1 shall be | 25 |
| transmitted to and deposited
in the treasurer's office at the | 26 |
| level of government as follows:
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| (1) If such seizure was made by a combination of law | 28 |
| enforcement
personnel representing differing units of | 29 |
| local government, the court
levying the fine shall | 30 |
| equitably allocate 50% of the fine among these units
of | 31 |
| local government and shall allocate 37 1/2% to the county | 32 |
| general
corporate fund. In the event that the seizure was | 33 |
| made by law enforcement
personnel representing a unit of | 34 |
| local government from a municipality where
the number of | 35 |
| inhabitants exceeds 2 million in population, the court
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HB3504 |
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LRB094 08206 RLC 38393 b |
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| levying the fine shall allocate 87 1/2% of the fine to that | 2 |
| unit of local
government. If the seizure was made by a | 3 |
| combination of law enforcement
personnel representing | 4 |
| differing units of local government, and at least
one of | 5 |
| those units represents a municipality where the number of
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| inhabitants exceeds 2 million in population, the court | 7 |
| shall equitably
allocate 87 1/2% of the proceeds of the | 8 |
| fines received among the differing
units of local | 9 |
| government.
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| (2) If such seizure was made by State law enforcement | 11 |
| personnel, then
the court shall allocate 37 1/2% to the | 12 |
| State treasury and 50% to the
county general corporate | 13 |
| fund.
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| (3) If a State law enforcement agency in combination | 15 |
| with a law
enforcement agency or agencies of a unit or | 16 |
| units of local government
conducted the seizure, the court | 17 |
| shall equitably allocate 37 1/2% of the
fines to or among | 18 |
| the law enforcement agency or agencies of the unit or
units | 19 |
| of local government which conducted the seizure and shall | 20 |
| allocate
50% to the county general corporate fund.
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| (c) The proceeds of all fines allocated to the law | 22 |
| enforcement agency or
agencies of the unit or units of local | 23 |
| government pursuant to subsection
(b) shall be made available | 24 |
| to that law enforcement agency as expendable
receipts for use | 25 |
| in the enforcement of laws regulating controlled
substances and | 26 |
| cannabis. The proceeds of fines awarded to the State
treasury | 27 |
| shall be deposited in a special fund known as the Drug Traffic
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| Prevention Fund. Monies from this fund may be used by the | 29 |
| Department of
State Police for use in the enforcement of laws | 30 |
| regulating controlled
substances and cannabis; to satisfy | 31 |
| funding provisions of the
Intergovernmental Drug Laws | 32 |
| Enforcement Act; and to defray costs and
expenses
associated | 33 |
| with returning violators of the Cannabis Control Act and the
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| Illinois Controlled Substances Act only, as provided in those | 35 |
| Acts, when
punishment of the crime shall be confinement of the | 36 |
| criminal in the
penitentiary. Moneys in the Drug Traffic |
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HB3504 |
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LRB094 08206 RLC 38393 b |
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| Prevention Fund deposited from
fines
awarded
as a direct result | 2 |
| of enforcement efforts of the Illinois Conservation Police
may | 3 |
| be used by the Department of Natural Resources Office of Law
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| Enforcement for use in enforcing laws regulating controlled | 5 |
| substances
and cannabis on Department of Natural Resources | 6 |
| regulated lands and
waterways. All other monies shall be paid | 7 |
| into the general revenue
fund in the State treasury. | 8 |
| (d) There is created in the State treasury the | 9 |
| Methamphetamine Law Enforcement Fund. Moneys in the Fund shall | 10 |
| be equitably allocated to local law enforcement agencies to: | 11 |
| (1) reimburse those agencies for the costs of securing and | 12 |
| cleaning up sites and facilities used for the illegal | 13 |
| manufacture of methamphetamine; (2) defray the costs of | 14 |
| employing full-time or part-time peace officers from a | 15 |
| Metropolitan Enforcement Group or other local drug task force, | 16 |
| including overtime costs for those officers; and (3) defray the | 17 |
| costs associated with medical or dental expenses incurred by | 18 |
| the county resulting from the incarceration of methamphetamine | 19 |
| addicts in the county jail or County Department of Corrections.
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| (Source: P.A. 92-601, eff. 7-1-02.)
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