HB4307 94TH GENERAL ASSEMBLY


 


 
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4307

 

Introduced 12/22/05, by Rep. Shane Cultra

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-601   from Ch. 95 1/2, par. 11-601
625 ILCS 5/11-601.5
625 ILCS 5/11-605   from Ch. 95 1/2, par. 11-605
625 ILCS 5/11-605.1
625 ILCS 5/11-606   from Ch. 95 1/2, par. 11-606
625 ILCS 5/11-608   from Ch. 95 1/2, par. 11-608
625 ILCS 5/11-611   from Ch. 95 1/2, par. 11-611
705 ILCS 105/27.5   from Ch. 25, par. 27.5
705 ILCS 105/27.6

    Amends the Illinois Vehicle Code. Provides that any person cited by an officer of the Illinois State Police for violating a provision restricting vehicular speed, if convicted of that violation, shall, in addition to any other fine, fee, or penalty, pay a $5 fee to be deposited into the State Police Vehicle Fund. Makes corresponding changes in the Clerks of Courts Act.


LRB094 16146 DRH 51386 b

 

 

A BILL FOR

 

HB4307 LRB094 16146 DRH 51386 b

1     AN ACT concerning transportation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Vehicle Code is amended by changing
5 Sections 11-601, 11-601.5, 11-605, 11-605.1, 11-606, 11-608,
6 and 11-611 as follows:
 
7     (625 ILCS 5/11-601)  (from Ch. 95 1/2, par. 11-601)
8     Sec. 11-601. General speed restrictions.
9     (a) No vehicle may be driven upon any highway of this State
10 at a speed which is greater than is reasonable and proper with
11 regard to traffic conditions and the use of the highway, or
12 endangers the safety of any person or property. The fact that
13 the speed of a vehicle does not exceed the applicable maximum
14 speed limit does not relieve the driver from the duty to
15 decrease speed when approaching and crossing an intersection,
16 approaching and going around a curve, when approaching a hill
17 crest, when traveling upon any narrow or winding roadway, or
18 when special hazard exists with respect to pedestrians or other
19 traffic or by reason of weather or highway conditions. Speed
20 must be decreased as may be necessary to avoid colliding with
21 any person or vehicle on or entering the highway in compliance
22 with legal requirements and the duty of all persons to use due
23 care.
24     (b) No person may drive a vehicle upon any highway of this
25 State at a speed which is greater than the applicable statutory
26 maximum speed limit established by paragraphs (c), (d), (e),
27 (f) or (g) of this Section, by Section 11-605 or by a
28 regulation or ordinance made under this Chapter.
29     (c) Unless some other speed restriction is established
30 under this Chapter, the maximum speed limit in an urban
31 district for all vehicles is:
32         1. 30 miles per hour; and

 

 

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1         2. 15 miles per hour in an alley.
2     (d) Unless some other speed restriction is established
3 under this Chapter, the maximum speed limit outside an urban
4 district for any vehicle of the first division or a second
5 division vehicle designed or used for the carrying of a gross
6 weight of 8,000 pounds or less (including the weight of the
7 vehicle and maximum load) is (1) 65 miles per hour (i) for all
8 highways under the jurisdiction of the Illinois State Toll
9 Highway Authority and (ii) for all or part of highways that are
10 designated by the Department, have at least 4 lanes of traffic,
11 and have a separation between the roadways moving in opposite
12 directions and (2) 55 miles per hour for all other highways,
13 roads, and streets.
14     (e) Unless some lesser speed restriction is established
15 under this Chapter, the maximum speed limit outside an urban
16 district for a second division vehicle designed or used for the
17 carrying of a gross weight of 8,001 pounds or more (including
18 the weight of the vehicle and maximum load) is 55 miles per
19 hour.
20     (f) Unless some other speed restriction is established
21 under this Chapter, the maximum speed limit outside an urban
22 district for a bus is:
23         1. 65 miles per hour upon any highway which has at
24     least 4 lanes of traffic and of which the roadways for
25     traffic moving in opposite directions are separated by a
26     strip of ground which is not surfaced or suitable for
27     vehicular traffic, except that the maximum speed limit for
28     a bus on all highways, roads, or streets not under the
29     jurisdiction of the Department or the Illinois State Toll
30     Highway Authority is 55 miles per hour; and
31         2. 60 miles per hour on any other highway, except that
32     the maximum speed limit for a bus on all highways, roads,
33     or streets not under the jurisdiction of the Department or
34     the Illinois State Toll Highway Authority is 55 miles per
35     hour.
36     (g) Unless some other speed restriction is established

 

 

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1 under this Chapter, the maximum speed limit outside an urban
2 district for a house car, camper, private living coach,
3 vehicles licensed as recreational vehicles, and any vehicle
4 towing any other vehicle is 55 miles per hour or the posted
5 speed limit, whichever is less.
6     (h) Any person cited by an officer of the Illinois State
7 Police for violating this Section, if convicted of that
8 violation, shall, in addition to any other fine, fee, or
9 penalty, pay a fee of $5 to the clerk of the court, to be
10 deposited into the State Police Vehicle Fund.
11 (Source: P.A. 89-444, eff. 1-25-96; 89-551, eff. 1-1-97.)
 
12     (625 ILCS 5/11-601.5)
13     Sec. 11-601.5. Driving 40 miles per hour or more in excess
14 of applicable limit. A person who drives a vehicle upon any
15 highway of this State at a speed that is 40 miles per hour or
16 more in excess of the applicable maximum speed limit
17 established under this Chapter or a local ordinance commits a
18 Class A misdemeanor. Any person cited by an officer of the
19 Illinois State Police for violating this Section shall, if
20 convicted of that violation, shall, in addition to any other
21 fine, fee, or penalty, pay a fee of $5 to the clerk of the
22 court, to be deposited into the State Police Vehicle Fund.
23 (Source: P.A. 91-469, eff. 1-1-00.)
 
24     (625 ILCS 5/11-605)  (from Ch. 95 1/2, par. 11-605)
25     Sec. 11-605. Special speed limit while passing schools.
26     (a) For the purpose of this Section, "school" means the
27 following entities:
28         (1) A public or private primary or secondary school.
29         (2) A primary or secondary school operated by a
30     religious institution.
31         (3) A public, private, or religious nursery school.
32     On a school day when school children are present and so
33 close thereto that a potential hazard exists because of the
34 close proximity of the motorized traffic, no person shall drive

 

 

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1 a motor vehicle at a speed in excess of 20 miles per hour while
2 passing a school zone or while traveling on a roadway on public
3 school property or upon any public thoroughfare where children
4 pass going to and from school.
5     For the purpose of this Section a school day shall begin at
6 seven ante meridian and shall conclude at four post meridian.
7     This Section shall not be applicable unless appropriate
8 signs are posted upon streets and highways under their
9 respective jurisdiction and maintained by the Department,
10 township, county, park district, city, village or incorporated
11 town wherein the school zone is located. With regard to the
12 special speed limit while passing schools, such signs shall
13 give proper due warning that a school zone is being approached
14 and shall indicate the school zone and the maximum speed limit
15 in effect during school days when school children are present.
16     (b) (Blank).
17     (c) Nothing in this Chapter shall prohibit the use of
18 electronic speed-detecting devices within 500 feet of signs
19 within a special school speed zone indicating such zone, as
20 defined in this Section, nor shall evidence obtained thereby be
21 inadmissible in any prosecution for speeding provided the use
22 of such device shall apply only to the enforcement of the speed
23 limit in such special school speed zone.
24     (d) (Blank).
25     (e) A first violation of this Section is a petty offense
26 with a minimum fine of $150. A second or subsequent violation
27 of this Section is a petty offense with a minimum fine of $300.
28 Any person cited by an officer of the Illinois State Police for
29 violating this Section, if convicted of that violation, shall,
30 in addition to any other fine, fee, or penalty, pay a fee of $5
31 to the clerk of the court, to be deposited into the State
32 Police Vehicle Fund.
33     (f) When a fine for a violation of subsection (a) is $150
34 or greater, the person who violates subsection (a) shall be
35 charged an additional $50 to be paid to the unit school
36 district where the violation occurred for school safety

 

 

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1 purposes. If the violation occurred in a dual school district,
2 $25 of the surcharge shall be paid to the elementary school
3 district for school safety purposes and $25 of the surcharge
4 shall be paid to the high school district for school safety
5 purposes. Notwithstanding any other provision of law, the
6 entire $50 surcharge shall be paid to the appropriate school
7 district or districts.
8     For purposes of this subsection (f), "school safety
9 purposes" includes the costs associated with school zone safety
10 education and the purchase, installation, and maintenance of
11 caution lights which are mounted on school speed zone signs.
12     (g) (Blank).
13     (h) (Blank).
14 (Source: P.A. 92-242, eff. 1-1-02; 92-619, eff. 1-1-03; 92-780,
15 eff. 8-6-02; 93-955, eff. 8-19-04.)
 
16     (625 ILCS 5/11-605.1)
17     Sec. 11-605.1. Special limit while traveling through a
18 highway construction or maintenance speed zone.
19     (a) A person may not operate a motor vehicle in a
20 construction or maintenance speed zone at a speed in excess of
21 the posted speed limit.
22     (b) Nothing in this Chapter prohibits the use of electronic
23 speed-detecting devices within 500 feet of signs within a
24 construction or maintenance speed zone indicating the zone, as
25 defined in this Section, nor shall evidence obtained by use of
26 those devices be inadmissible in any prosecution for speeding,
27 provided the use of the device shall apply only to the
28 enforcement of the speed limit in the construction or
29 maintenance speed zone.
30     (c) As used in this Section, a "construction or maintenance
31 speed zone" is an area in which the Department, Toll Highway
32 Authority, or local agency has determined that the preexisting
33 established speed limit through a highway construction or
34 maintenance project is greater than is reasonable or safe with
35 respect to the conditions expected to exist in the construction

 

 

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1 or maintenance speed zone and has posted a lower speed limit
2 with a highway construction or maintenance speed zone special
3 speed limit sign.
4     Highway construction or maintenance speed zone special
5 speed limit signs shall be of a design approved by the
6 Department. The signs must give proper due warning that a
7 construction or maintenance speed zone is being approached and
8 must indicate the maximum speed limit in effect. The signs also
9 must state the amount of the minimum fine for a violation.
10     (d) A first violation of this Section is a petty offense
11 with a minimum fine of $250. A second or subsequent violation
12 of this Section is a petty offense with a minimum fine of $750.
13 Any person cited by an officer of the Illinois State Police
14 violating this Section, if convicted of that violation, shall,
15 in addition to any other fine, fee, or penalty, pay a fee of $5
16 to the clerk of the court, to be deposited into the State
17 Police Vehicle Fund.
18     (e) If a fine for a violation of this Section is $250 or
19 greater, the person who violated this Section shall be charged
20 an additional $125, which shall be deposited into the
21 Transportation Safety Highway Hire-back Fund. In the case of a
22 second or subsequent violation of this Section, if the fine is
23 $750 or greater, the person who violated this Section shall be
24 charged an additional $250, which shall be deposited into the
25 Transportation Safety Highway Hire-back Fund.
26     (f) The Transportation Safety Highway Hire-back Fund,
27 which was created by Public Act 92-619, shall continue to be a
28 special fund in the State treasury. Subject to appropriation by
29 the General Assembly and approval by the Secretary, the
30 Secretary of Transportation shall use all moneys in the
31 Transportation Safety Highway Hire-back Fund to hire off-duty
32 Department of State Police officers to monitor construction or
33 maintenance zones.
34     (g) For a second or subsequent violation of this Section
35 within 2 years of the date of the previous violation, the
36 Secretary of State shall suspend the driver's license of the

 

 

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1 violator for a period of 90 days.
2 (Source: P.A. 93-955, eff. 8-19-04.)
 
3     (625 ILCS 5/11-606)  (from Ch. 95 1/2, par. 11-606)
4     Sec. 11-606. Minimum speed regulation. (a) No person shall
5 drive a motor vehicle at such a slow speed as to impede or
6 block the normal and reasonable movement of traffic except when
7 reduced speed is necessary for safe operation of his vehicle or
8 in compliance with law. Any person cited by an officer of the
9 Illinois State Police violating this Section, if convicted of
10 that violation, shall, in addition to any other fine, fee, or
11 penalty, pay a fee of $5 to the clerk of the court, to be
12 deposited into the State Police Vehicle Fund.
13     (b) Whenever the Department, The Illinois State Toll
14 Highway Authority, or a local authority described in Section
15 11-604 of this Chapter determines, upon the basis of an
16 engineering and traffic investigation concerning a highway or
17 street under its jurisdiction that slow vehicle speeds along
18 any part or zone of such highway or street consistently impede
19 the normal and reasonable movement of traffic, the Department,
20 the Toll Highway Authority, or local authority (as appropriate)
21 may determine and declare by proper regulation or ordinance a
22 minimum speed limit below which no person shall drive except
23 when necessary for safe operation of his vehicle or in
24 compliance with law. A limit so determined and declared becomes
25 effective when appropriate signs giving notice of the limit are
26 erected along such part or zone of the highway or street.
27 (Source: P.A. 81-840.)
 
28     (625 ILCS 5/11-608)  (from Ch. 95 1/2, par. 11-608)
29     Sec. 11-608. Special speed limitation on elevated
30 structures. (a) No person shall drive a vehicle over any bridge
31 or other elevated structure constituting a part of a highway at
32 a speed which is greater than the maximum speed which can be
33 maintained with safety to such bridge or structure, when such
34 structure is sign posted as provided in this Section. Any

 

 

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1 person cited by an officer of the Illinois State Police
2 violating this Section, if convicted of that violation, shall,
3 in addition to any other fine, fee, or penalty, pay a fee of $5
4 to the clerk of the court, to be deposited into the State
5 Police Vehicle Fund.
6     (b) The Department upon request from any local authority
7 shall, or upon its own initiative may, conduct an investigation
8 of any bridge or other elevated structure constituting a part
9 of a highway, and if it shall thereupon find that such
10 structure cannot with safety to itself withstand vehicles
11 traveling at the speed otherwise permissible under this
12 Chapter, the Department shall determine and declare the maximum
13 speed of vehicles which such structure can safely withstand,
14 and shall cause or permit suitable signs stating such maximum
15 speed to be erected and maintained before each end of such
16 structure.
17     (c) Upon the trial of any person charged with a violation
18 of this Section proof of the determination of the maximum speed
19 by the Department and the existence of such signs is conclusive
20 evidence of the maximum speed which can be maintained with
21 safety to such bridge or structure.
22 (Source: P.A. 76-1586.)
 
23     (625 ILCS 5/11-611)  (from Ch. 95 1/2, par. 11-611)
24     Sec. 11-611. No person shall drive or operate any motor
25 vehicle on any street or highway in this State where the
26 minimum allowable speed on that street or highway, as posted,
27 is greater than the maximum attainable operating speed of the
28 vehicle. Maximum attainable operating speed shall be
29 determined by the manufacturer of the vehicle and clearly
30 published in the manual of specifications and operation, or it
31 shall be determined by applicable rule and regulation
32 promulgated by the Secretary of State. Any person cited by an
33 officer of the Illinois State Police violating this Section, if
34 convicted of that violation, shall, in addition to any other
35 fine, fee, or penalty, pay a fee of $5 to the clerk of the

 

 

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1 court, to be deposited into the State Police Vehicle Fund.
2 (Source: P.A. 79-700.)
 
3     Section 10. The Clerks of Courts Act is amended by changing
4 Sections 27.5 and 27.6 as follows:
 
5     (705 ILCS 105/27.5)  (from Ch. 25, par. 27.5)
6     Sec. 27.5. (a) All fees, fines, costs, additional
7 penalties, bail balances assessed or forfeited, and any other
8 amount paid by a person to the circuit clerk that equals an
9 amount less than $55, except restitution under Section 5-5-6 of
10 the Unified Code of Corrections, reimbursement for the costs of
11 an emergency response as provided under Section 11-501 of the
12 Illinois Vehicle Code, the $5 fee to be deposited into the
13 State Police Vehicle Fund under Sections 11-601, 11-601.5,
14 11-605, 11-605.1, 11-606, 11-608, and 11-611 of the Illinois
15 Vehicle Code, any fees collected for attending a traffic safety
16 program under paragraph (c) of Supreme Court Rule 529, any fee
17 collected on behalf of a State's Attorney under Section 4-2002
18 of the Counties Code or a sheriff under Section 4-5001 of the
19 Counties Code, or any cost imposed under Section 124A-5 of the
20 Code of Criminal Procedure of 1963, for convictions, orders of
21 supervision, or any other disposition for a violation of
22 Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
23 similar provision of a local ordinance, and any violation of
24 the Child Passenger Protection Act, or a similar provision of a
25 local ordinance, and except as provided in subsection (b) shall
26 be disbursed within 60 days after receipt by the circuit clerk
27 as follows: 47% shall be disbursed to the entity authorized by
28 law to receive the fine imposed in the case; 12% shall be
29 disbursed to the State Treasurer; and 41% shall be disbursed to
30 the county's general corporate fund. Of the 12% disbursed to
31 the State Treasurer, 1/6 shall be deposited by the State
32 Treasurer into the Violent Crime Victims Assistance Fund, 1/2
33 shall be deposited into the Traffic and Criminal Conviction
34 Surcharge Fund, and 1/3 shall be deposited into the Drivers

 

 

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1 Education Fund. For fiscal years 1992 and 1993, amounts
2 deposited into the Violent Crime Victims Assistance Fund, the
3 Traffic and Criminal Conviction Surcharge Fund, or the Drivers
4 Education Fund shall not exceed 110% of the amounts deposited
5 into those funds in fiscal year 1991. Any amount that exceeds
6 the 110% limit shall be distributed as follows: 50% shall be
7 disbursed to the county's general corporate fund and 50% shall
8 be disbursed to the entity authorized by law to receive the
9 fine imposed in the case. Not later than March 1 of each year
10 the circuit clerk shall submit a report of the amount of funds
11 remitted to the State Treasurer under this Section during the
12 preceding year based upon independent verification of fines and
13 fees. All counties shall be subject to this Section, except
14 that counties with a population under 2,000,000 may, by
15 ordinance, elect not to be subject to this Section. For
16 offenses subject to this Section, judges shall impose one total
17 sum of money payable for violations. The circuit clerk may add
18 on no additional amounts except for amounts that are required
19 by Sections 27.3a and 27.3c of this Act, unless those amounts
20 are specifically waived by the judge. With respect to money
21 collected by the circuit clerk as a result of forfeiture of
22 bail, ex parte judgment or guilty plea pursuant to Supreme
23 Court Rule 529, the circuit clerk shall first deduct and pay
24 amounts required by Sections 27.3a and 27.3c of this Act. This
25 Section is a denial and limitation of home rule powers and
26 functions under subsection (h) of Section 6 of Article VII of
27 the Illinois Constitution.
28     (b) The following amounts must be remitted to the State
29 Treasurer for deposit into the Illinois Animal Abuse Fund:
30         (1) 50% of the amounts collected for felony offenses
31     under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
32     5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
33     Animals Act and Section 26-5 of the Criminal Code of 1961;
34         (2) 20% of the amounts collected for Class A and Class
35     B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
36     5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care

 

 

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1     for Animals Act and Section 26-5 of the Criminal Code of
2     1961; and
3         (3) 50% of the amounts collected for Class C
4     misdemeanors under Sections 4.01 and 7.1 of the Humane Care
5     for Animals Act and Section 26-5 of the Criminal Code of
6     1961.
7 (Source: P.A. 92-454, eff. 1-1-02; 92-650, eff. 7-11-02;
8 93-800, eff. 1-1-05.)
 
9     (705 ILCS 105/27.6)
10     Sec. 27.6. (a) All fees, fines, costs, additional
11 penalties, bail balances assessed or forfeited, and any other
12 amount paid by a person to the circuit clerk equalling an
13 amount of $55 or more, except the additional fee required by
14 subsections (b) and (c), restitution under Section 5-5-6 of the
15 Unified Code of Corrections, reimbursement for the costs of an
16 emergency response as provided under Section 11-501 of the
17 Illinois Vehicle Code, the $5 fee to be deposited into the
18 State Police Vehicle Fund under Sections 11-601, 11-601.5,
19 11-605, 11-605.1, 11-606, 11-608, and 11-611 of the Illinois
20 Vehicle Code, any fees collected for attending a traffic safety
21 program under paragraph (c) of Supreme Court Rule 529, any fee
22 collected on behalf of a State's Attorney under Section 4-2002
23 of the Counties Code or a sheriff under Section 4-5001 of the
24 Counties Code, or any cost imposed under Section 124A-5 of the
25 Code of Criminal Procedure of 1963, for convictions, orders of
26 supervision, or any other disposition for a violation of
27 Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
28 similar provision of a local ordinance, and any violation of
29 the Child Passenger Protection Act, or a similar provision of a
30 local ordinance, and except as provided in subsection (d) shall
31 be disbursed within 60 days after receipt by the circuit clerk
32 as follows: 44.5% shall be disbursed to the entity authorized
33 by law to receive the fine imposed in the case; 16.825% shall
34 be disbursed to the State Treasurer; and 38.675% shall be
35 disbursed to the county's general corporate fund. Of the

 

 

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1 16.825% disbursed to the State Treasurer, 2/17 shall be
2 deposited by the State Treasurer into the Violent Crime Victims
3 Assistance Fund, 5.052/17 shall be deposited into the Traffic
4 and Criminal Conviction Surcharge Fund, 3/17 shall be deposited
5 into the Drivers Education Fund, and 6.948/17 shall be
6 deposited into the Trauma Center Fund. Of the 6.948/17
7 deposited into the Trauma Center Fund from the 16.825%
8 disbursed to the State Treasurer, 50% shall be disbursed to the
9 Department of Public Health and 50% shall be disbursed to the
10 Department of Public Aid. For fiscal year 1993, amounts
11 deposited into the Violent Crime Victims Assistance Fund, the
12 Traffic and Criminal Conviction Surcharge Fund, or the Drivers
13 Education Fund shall not exceed 110% of the amounts deposited
14 into those funds in fiscal year 1991. Any amount that exceeds
15 the 110% limit shall be distributed as follows: 50% shall be
16 disbursed to the county's general corporate fund and 50% shall
17 be disbursed to the entity authorized by law to receive the
18 fine imposed in the case. Not later than March 1 of each year
19 the circuit clerk shall submit a report of the amount of funds
20 remitted to the State Treasurer under this Section during the
21 preceding year based upon independent verification of fines and
22 fees. All counties shall be subject to this Section, except
23 that counties with a population under 2,000,000 may, by
24 ordinance, elect not to be subject to this Section. For
25 offenses subject to this Section, judges shall impose one total
26 sum of money payable for violations. The circuit clerk may add
27 on no additional amounts except for amounts that are required
28 by Sections 27.3a and 27.3c of this Act, unless those amounts
29 are specifically waived by the judge. With respect to money
30 collected by the circuit clerk as a result of forfeiture of
31 bail, ex parte judgment or guilty plea pursuant to Supreme
32 Court Rule 529, the circuit clerk shall first deduct and pay
33 amounts required by Sections 27.3a and 27.3c of this Act. This
34 Section is a denial and limitation of home rule powers and
35 functions under subsection (h) of Section 6 of Article VII of
36 the Illinois Constitution.

 

 

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1     (b) In addition to any other fines and court costs assessed
2 by the courts, any person convicted or receiving an order of
3 supervision for driving under the influence of alcohol or drugs
4 shall pay an additional fee of $100 to the clerk of the circuit
5 court. This amount, less 2 1/2% that shall be used to defray
6 administrative costs incurred by the clerk, shall be remitted
7 by the clerk to the Treasurer within 60 days after receipt for
8 deposit into the Trauma Center Fund. This additional fee of
9 $100 shall not be considered a part of the fine for purposes of
10 any reduction in the fine for time served either before or
11 after sentencing. Not later than March 1 of each year the
12 Circuit Clerk shall submit a report of the amount of funds
13 remitted to the State Treasurer under this subsection during
14 the preceding calendar year.
15     (b-1) In addition to any other fines and court costs
16 assessed by the courts, any person convicted or receiving an
17 order of supervision for driving under the influence of alcohol
18 or drugs shall pay an additional fee of $5 to the clerk of the
19 circuit court. This amount, less 2 1/2% that shall be used to
20 defray administrative costs incurred by the clerk, shall be
21 remitted by the clerk to the Treasurer within 60 days after
22 receipt for deposit into the Spinal Cord Injury Paralysis Cure
23 Research Trust Fund. This additional fee of $5 shall not be
24 considered a part of the fine for purposes of any reduction in
25 the fine for time served either before or after sentencing. Not
26 later than March 1 of each year the Circuit Clerk shall submit
27 a report of the amount of funds remitted to the State Treasurer
28 under this subsection during the preceding calendar year.
29     (c) In addition to any other fines and court costs assessed
30 by the courts, any person convicted for a violation of Sections
31 24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or a
32 person sentenced for a violation of the Cannabis Control Act,
33 the Illinois Controlled Substances Act, or the Methamphetamine
34 Control and Community Protection Act shall pay an additional
35 fee of $100 to the clerk of the circuit court. This amount,
36 less 2 1/2% that shall be used to defray administrative costs

 

 

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1 incurred by the clerk, shall be remitted by the clerk to the
2 Treasurer within 60 days after receipt for deposit into the
3 Trauma Center Fund. This additional fee of $100 shall not be
4 considered a part of the fine for purposes of any reduction in
5 the fine for time served either before or after sentencing. Not
6 later than March 1 of each year the Circuit Clerk shall submit
7 a report of the amount of funds remitted to the State Treasurer
8 under this subsection during the preceding calendar year.
9     (c-1) In addition to any other fines and court costs
10 assessed by the courts, any person sentenced for a violation of
11 the Cannabis Control Act, the Illinois Controlled Substances
12 Act, or the Methamphetamine Control and Community Protection
13 Act shall pay an additional fee of $5 to the clerk of the
14 circuit court. This amount, less 2 1/2% that shall be used to
15 defray administrative costs incurred by the clerk, shall be
16 remitted by the clerk to the Treasurer within 60 days after
17 receipt for deposit into the Spinal Cord Injury Paralysis Cure
18 Research Trust Fund. This additional fee of $5 shall not be
19 considered a part of the fine for purposes of any reduction in
20 the fine for time served either before or after sentencing. Not
21 later than March 1 of each year the Circuit Clerk shall submit
22 a report of the amount of funds remitted to the State Treasurer
23 under this subsection during the preceding calendar year.
24     (d) The following amounts must be remitted to the State
25 Treasurer for deposit into the Illinois Animal Abuse Fund:
26         (1) 50% of the amounts collected for felony offenses
27     under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
28     5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
29     Animals Act and Section 26-5 of the Criminal Code of 1961;
30         (2) 20% of the amounts collected for Class A and Class
31     B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
32     5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
33     for Animals Act and Section 26-5 of the Criminal Code of
34     1961; and
35         (3) 50% of the amounts collected for Class C
36     misdemeanors under Sections 4.01 and 7.1 of the Humane Care

 

 

HB4307 - 15 - LRB094 16146 DRH 51386 b

1     for Animals Act and Section 26-5 of the Criminal Code of
2     1961.
3 (Source: P.A. 93-800, eff. 1-1-05; 94-556, eff. 9-11-05.)