Full Text of SB1180 94th General Assembly
SB1180sam002 94TH GENERAL ASSEMBLY
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Sen. Terry Link
Filed: 5/19/2005
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09400SB1180sam002 |
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LRB094 04829 RLC 46844 a |
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| AMENDMENT TO SENATE BILL 1180
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| AMENDMENT NO. ______. Amend Senate Bill 1180 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Unified Code of Corrections is amended by | 5 |
| changing Section 5-9-1 as follows:
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| (730 ILCS 5/5-9-1) (from Ch. 38, par. 1005-9-1)
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| Sec. 5-9-1. Authorized fines.
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| (a) An offender may be sentenced to pay a
fine which shall | 9 |
| not exceed for each offense:
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| (1) for a felony, $25,000 or the amount specified in | 11 |
| the
offense,
whichever is greater, or where the offender is | 12 |
| a corporation, $50,000 or
the amount specified in the | 13 |
| offense, whichever is greater;
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| (2) for a Class A misdemeanor, $2,500 or the amount
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| specified in the
offense, whichever is greater;
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| (3) for a Class B or Class C misdemeanor, $1,500;
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| (4) for a petty offense, $1,000 or the amount specified | 18 |
| in
the offense,
whichever is less;
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| (5) for a business offense, the amount specified in the | 20 |
| statute defining
that offense.
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| (b) A fine may be imposed in addition to a sentence of | 22 |
| conditional
discharge, probation, periodic imprisonment, or | 23 |
| imprisonment.
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| (c) There shall be added to every fine imposed in |
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LRB094 04829 RLC 46844 a |
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| sentencing for a
criminal or traffic offense, except an offense | 2 |
| relating to parking or
registration, or offense by a | 3 |
| pedestrian, an additional penalty of $5 for
each $40, or | 4 |
| fraction thereof, of fine imposed.
The additional penalty of $5 | 5 |
| for each $40, or fraction thereof, of fine
imposed, if not | 6 |
| otherwise assessed, shall also be added to every fine
imposed | 7 |
| upon a plea of guilty, stipulation of facts or findings of | 8 |
| guilty,
resulting in a judgment of conviction, or order of | 9 |
| supervision in criminal,
traffic, local ordinance, county | 10 |
| ordinance, and conservation cases (except
parking, | 11 |
| registration, or pedestrian violations), or upon
a sentence of | 12 |
| probation without entry of judgment under Section 10 of the
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| Cannabis Control Act or Section 410 of the Controlled | 14 |
| Substances Act.
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| Such additional amounts shall be assessed by the court | 16 |
| imposing
the fine and shall be collected by the Circuit Clerk | 17 |
| in addition to the
fine and costs in the case. Each such | 18 |
| additional penalty shall be
remitted by the Circuit Clerk | 19 |
| within one month after receipt to the State
Treasurer. The | 20 |
| State Treasurer shall deposit $1 for each $40, or fraction
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| thereof, of fine imposed into the LEADS Maintenance Fund. The | 22 |
| remaining
surcharge amount shall be deposited into the Traffic | 23 |
| and Criminal Conviction
Surcharge
Fund, unless the fine, costs | 24 |
| or additional amounts are subject to
disbursement by the | 25 |
| circuit clerk under Section 27.5 of the Clerks of
Courts Act. | 26 |
| Such additional penalty shall not be considered a part of the | 27 |
| fine
for purposes of any reduction in the fine for time served | 28 |
| either before or
after sentencing.
Not later than March 1 of | 29 |
| each year the Circuit Clerk
shall submit a report of the amount | 30 |
| of funds remitted to the State
Treasurer under this subsection | 31 |
| (c) during the preceding calendar year.
Except as otherwise | 32 |
| provided by Supreme Court Rules, if a court in imposing
a fine | 33 |
| against an offender levies a gross
amount for fine, costs, fees | 34 |
| and penalties, the amount of the additional
penalty provided |
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LRB094 04829 RLC 46844 a |
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| for herein shall be computed on the amount remaining after
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| deducting from the gross amount levied all fees of the Circuit | 3 |
| Clerk, the
State's Attorney and the Sheriff. After deducting | 4 |
| from the gross amount
levied the fees and additional penalty | 5 |
| provided for herein, less any other
additional penalties | 6 |
| provided by law, the clerk shall remit the net balance
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| remaining to the entity authorized by law to receive the fine | 8 |
| imposed in
the case. For purposes of this Section "fees of the | 9 |
| Circuit Clerk" shall
include, if applicable, the fee provided | 10 |
| for under Section 27.3a of the
Clerks of Courts Act and the | 11 |
| fee, if applicable, payable to the county in
which the | 12 |
| violation occurred pursuant to Section 5-1101 of the Counties | 13 |
| Code.
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| (c-5) In addition to the fines imposed by subsection (c), | 15 |
| any person
convicted or receiving an order of supervision for | 16 |
| driving under the influence
of alcohol or drugs shall pay an | 17 |
| additional $100 fee to the clerk.
This
additional fee, less 2 | 18 |
| 1/2% that shall be
used to defray administrative costs incurred | 19 |
| by the clerk, shall be remitted by
the clerk to the Treasurer | 20 |
| within 60 days after receipt for deposit into the
Trauma Center | 21 |
| Fund. This additional fee of $100 shall not be
considered a | 22 |
| part of
the
fine for purposes of any reduction in the fine for | 23 |
| time served either before or
after sentencing.
Not later than | 24 |
| March 1 of each year the Circuit Clerk
shall submit a report of | 25 |
| the amount of funds remitted to the State
Treasurer under this | 26 |
| subsection (c-5) during the preceding calendar year.
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| The Circuit Clerk may accept payment of fines and costs by | 28 |
| credit card
from an offender who has been convicted of a | 29 |
| traffic offense, petty offense
or misdemeanor and may charge | 30 |
| the service fee permitted where fines and
costs are paid by | 31 |
| credit card provided for in Section 27.3b of the Clerks
of | 32 |
| Courts Act.
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| (c-7) In addition to the fines imposed by subsection (c), | 34 |
| any person
convicted or receiving an order of supervision for |
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LRB094 04829 RLC 46844 a |
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| driving under the influence
of alcohol or drugs shall pay an | 2 |
| additional $5 fee to the clerk. This
additional fee, less 2 | 3 |
| 1/2% that shall be
used to defray administrative costs incurred | 4 |
| by the clerk, shall be remitted by
the clerk to the Treasurer | 5 |
| within 60 days after receipt for deposit into the
Spinal Cord | 6 |
| Injury Paralysis Cure Research Trust Fund. This additional fee | 7 |
| of
$5 shall not be
considered a part of
the
fine for purposes | 8 |
| of any reduction in the fine for time served either before or
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| after sentencing.
Not later than March 1 of each year the | 10 |
| Circuit Clerk
shall submit a report of the amount of funds | 11 |
| remitted to the State
Treasurer under this subsection (c-7) | 12 |
| during the preceding calendar year.
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| (c-9) There shall be added to every fine imposed in | 14 |
| sentencing for a
criminal or
traffic offense, except an offense | 15 |
| relating to parking or registration, or
offense by a
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| pedestrian, an additional fee
penalty of $4 for every $40, or | 17 |
| portion thereof, of the fine imposed. The additional fee
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| penalty of $4
shall
also be added to every fine imposed upon a | 19 |
| plea of guilty, stipulation of
facts
or findings
of guilty, | 20 |
| resulting in a judgment of conviction, or order of supervision | 21 |
| in
criminal,
traffic, local ordinance, county ordinance, or | 22 |
| conservation cases (except
parking,
registration, or | 23 |
| pedestrian violations), or upon a sentence of probation
without | 24 |
| entry of
judgment under Section 10 of the Cannabis Control Act | 25 |
| or Section 410 of the
Controlled
Substances Act. Such | 26 |
| additional fee
penalty of $4 shall be assessed by the court
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| imposing
the fine and shall be collected by the circuit clerk | 28 |
| in addition to any other
fine, costs, fees,
and penalties in | 29 |
| the case. Each such additional fee
penalty of $4 shall be
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| remitted to the State Treasurer by the
circuit clerk within one | 31 |
| month after receipt. The State
Treasurer
shall deposit the | 32 |
| additional fee
penalty of $4 into the Traffic and Criminal
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| Conviction
Surcharge Fund. The additional fee
penalty of $4
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| shall be in addition to any other
fine,
costs, fees, and |
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LRB094 04829 RLC 46844 a |
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| penalties and shall not reduce or affect the distribution of
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| any other fine,
costs, fees, and penalties.
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| (d) In determining the amount and method of payment of a | 4 |
| fine, except
for those fines established for violations of | 5 |
| Chapter 15 of the Illinois
Vehicle Code, the court shall | 6 |
| consider:
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| (1) the financial resources and future ability of the | 8 |
| offender to pay
the fine; and
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| (2) whether the fine will prevent the offender from | 10 |
| making court ordered
restitution or reparation to the | 11 |
| victim of the offense; and
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| (3) in a case where the accused is a dissolved | 13 |
| corporation and the
court has appointed counsel to | 14 |
| represent the corporation, the costs
incurred either by the | 15 |
| county or the State for such representation.
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| (e) The court may order the fine to be paid forthwith or | 17 |
| within a
specified period of time or in installments.
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| (f) All fines, costs and additional amounts imposed under | 19 |
| this Section
for any violation of Chapters 3, 4, 6, and 11 of | 20 |
| the Illinois Vehicle Code,
or a similar provision of a local | 21 |
| ordinance, and any violation of the Child
Passenger Protection | 22 |
| Act, or a similar provision of a local ordinance,
shall be | 23 |
| collected and disbursed by the circuit clerk as provided under
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| Section 27.5 of the Clerks of Courts Act.
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| (Source: P.A. 92-431, eff. 1-1-02; 93-32, eff. 6-20-03.)
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| Section 99. Effective date. This Act takes effect upon | 27 |
| becoming law.".
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