Full Text of SB3076 94th General Assembly
SB3076eng 94TH GENERAL ASSEMBLY
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| AN ACT concerning law enforcement.
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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 1. Short title. This Act may be cited as the Law | 5 |
| Enforcement Camera Grant Act. | 6 |
| Section 5. Definitions. As used in this Act: | 7 |
| "Board" means the Illinois Law Enforcement Training | 8 |
| Standards Board
created by the Illinois Police Training Act. | 9 |
| "Law enforcement officer" or "officer" means any person | 10 |
| employed by a
county, municipality or township as a policeman, | 11 |
| peace officer or in some
like position involving the | 12 |
| enforcement of the law and protection of the
public interest at | 13 |
| the risk of that person's life. | 14 |
| Section 10. Law Enforcement Camera Grant Fund; creation, | 15 |
| rules. | 16 |
| (a) The Law Enforcement Camera Grant Fund is created as a | 17 |
| special fund in the State treasury. From appropriations to the | 18 |
| Board from the Fund, the Board must make grants to units of | 19 |
| local government in Illinois for the purpose of installing | 20 |
| video cameras in law enforcement vehicles and training law | 21 |
| enforcement officers in the operation of the cameras. | 22 |
| Moneys received for the purposes of this Section, | 23 |
| including, without limitation, fee receipts and gifts, grants, | 24 |
| and awards from any public or private entity, must be deposited | 25 |
| into the Fund. Any interest earned on moneys in the Fund must | 26 |
| be deposited into the Fund. | 27 |
| (b) The Board may set requirements for the distribution of | 28 |
| grant moneys and determine which law enforcement agencies are | 29 |
| eligible. | 30 |
| (c) The Board shall develop model rules to be adopted by | 31 |
| law enforcement agencies that receive grants under this |
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| Section. The rules shall include the following requirements: | 2 |
| (1) Cameras must be installed in the law enforcement | 3 |
| vehicles. | 4 |
| (2) Videotaping must provide audio of the officer when | 5 |
| the officer is outside of the vehicle. | 6 |
| (3) Camera access must be restricted to the supervisors | 7 |
| of the officer in the vehicle. | 8 |
| (4) Cameras must be turned on continuously throughout | 9 |
| the officer's shift. | 10 |
| (5) A copy of the videotape must be made available upon | 11 |
| request to personnel of the law enforcement agency, the | 12 |
| local State's Attorney, and any persons depicted in the | 13 |
| video. Procedures for distribution of the videotape must | 14 |
| include safeguards to protect the identities of | 15 |
| individuals who are not a party to the requested stop. | 16 |
| (6) Law enforcement agencies that receive moneys under | 17 |
| this grant shall provide for storage of the tapes for a | 18 |
| period of not less than 2 years. | 19 |
| (d) Any law enforcement agency receiving moneys under this | 20 |
| Section must provide an annual report to the Board, the | 21 |
| Governor, and the General Assembly, which will be due on May 1 | 22 |
| of the year following the receipt of the grant and each May 1 | 23 |
| thereafter during the period of the grant. The report shall | 24 |
| include (i) the number of cameras received by the law | 25 |
| enforcement agency, (ii) the number of cameras actually | 26 |
| installed in law enforcement vehicles, (iii) a brief | 27 |
| description of the review process used by supervisors within | 28 |
| the law enforcement agency, (iv) a list of any criminal, | 29 |
| traffic, ordinance, and civil cases where video recordings were | 30 |
| used, including party names, case numbers, offenses charged, | 31 |
| and disposition of the matter, (this item applies, but is not | 32 |
| limited to, court proceedings, coroner's inquests, grand jury | 33 |
| proceedings, and plea bargains), and (v) any other information | 34 |
| relevant to the administration of the program. | 35 |
| (e) No applications for grant money under this Section | 36 |
| shall be accepted before January 1, 2007 or after January 1, |
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| 2011.
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| Section 40. The State Finance Act is amended by adding | 3 |
| Section 5.663 as follows: | 4 |
| (30 ILCS 105/5.663 new)
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| Sec. 5.663. Law Enforcement Camera Grant Fund.
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| Section 60. The Unified Code of Corrections is amended by | 7 |
| 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 | 11 |
| not exceed for each offense:
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| (1) for a felony, $25,000 or the amount specified in | 13 |
| the
offense,
whichever is greater, or where the offender is | 14 |
| a corporation, $50,000 or
the amount specified in the | 15 |
| 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 | 20 |
| in
the offense,
whichever is less;
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| (5) for a business offense, the amount specified in the | 22 |
| statute defining
that offense.
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| (b) A fine may be imposed in addition to a sentence of | 24 |
| conditional
discharge, probation, periodic imprisonment, or | 25 |
| imprisonment.
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| (c) There shall be added to every fine imposed in | 27 |
| sentencing for a
criminal or traffic offense, except an offense | 28 |
| relating to parking or
registration, or offense by a | 29 |
| pedestrian, an additional penalty of $10
$9 for
each $40, or | 30 |
| fraction thereof, of fine imposed.
The additional penalty of | 31 |
| $10
$9 for each $40, or fraction thereof, of fine
imposed, if | 32 |
| not otherwise assessed, shall also be added to every fine
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| imposed upon a plea of guilty, stipulation of facts or findings | 2 |
| of guilty,
resulting in a judgment of conviction, or order of | 3 |
| supervision in criminal,
traffic, local ordinance, county | 4 |
| ordinance, and conservation cases (except
parking, | 5 |
| registration, or pedestrian violations), or upon
a sentence of | 6 |
| probation without entry of judgment under Section 10 of the
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| Cannabis Control Act, Section 410 of the Illinois Controlled | 8 |
| Substances Act, or Section 70 of the Methamphetamine Control | 9 |
| and Community Protection Act.
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| Such additional amounts shall be assessed by the court | 11 |
| imposing
the fine and shall be collected by the Circuit Clerk | 12 |
| in addition to the
fine and costs in the case. Each such | 13 |
| additional penalty shall be
remitted by the Circuit Clerk | 14 |
| within one month after receipt to the State
Treasurer. The | 15 |
| State Treasurer shall deposit $1 for each $40, or fraction
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| thereof, of fine imposed into the LEADS Maintenance Fund. The | 17 |
| State Treasurer shall deposit $1 for each $40, or fraction
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| thereof, of fine imposed into the Law Enforcement Camera Grant | 19 |
| Fund. The remaining
surcharge amount shall be deposited into | 20 |
| the Traffic and Criminal Conviction
Surcharge
Fund, unless the | 21 |
| fine, costs or additional amounts are subject to
disbursement | 22 |
| by the circuit clerk under Section 27.5 of the Clerks of
Courts | 23 |
| Act. Such additional penalty shall not be considered a part of | 24 |
| the fine
for purposes of any reduction in the fine for time | 25 |
| served either before or
after sentencing.
Not later than March | 26 |
| 1 of each year the Circuit Clerk
shall submit a report of the | 27 |
| amount of funds remitted to the State
Treasurer under this | 28 |
| subsection (c) during the preceding calendar year.
Except as | 29 |
| otherwise provided by Supreme Court Rules, if a court in | 30 |
| imposing
a fine against an offender levies a gross
amount for | 31 |
| fine, costs, fees and penalties, the amount of the additional
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| penalty provided for herein shall be computed on the amount | 33 |
| remaining after
deducting from the gross amount levied all fees | 34 |
| of the Circuit Clerk, the
State's Attorney and the Sheriff. | 35 |
| After deducting from the gross amount
levied the fees and | 36 |
| additional penalty provided for herein, less any other
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| additional penalties provided by law, the clerk shall remit the | 2 |
| net balance
remaining to the entity authorized by law to | 3 |
| receive the fine imposed in
the case. For purposes of this | 4 |
| Section "fees of the Circuit Clerk" shall
include, if | 5 |
| applicable, the fee provided for under Section 27.3a of the
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| Clerks of Courts Act and the fee, if applicable, payable to the | 7 |
| county in
which the violation occurred pursuant to Section | 8 |
| 5-1101 of the Counties Code.
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| (c-5) In addition to the fines imposed by subsection (c), | 10 |
| any person
convicted or receiving an order of supervision for | 11 |
| driving under the influence
of alcohol or drugs shall pay an | 12 |
| additional $100 fee to the clerk.
This
additional fee, less 2 | 13 |
| 1/2% that shall be
used to defray administrative costs incurred | 14 |
| by the clerk, shall be remitted by
the clerk to the Treasurer | 15 |
| within 60 days after receipt for deposit into the
Trauma Center | 16 |
| Fund. This additional fee of $100 shall not be
considered a | 17 |
| part of
the
fine for purposes of any reduction in the fine for | 18 |
| time served either before or
after sentencing.
Not later than | 19 |
| March 1 of each year the Circuit Clerk
shall submit a report of | 20 |
| the amount of funds remitted to the State
Treasurer under this | 21 |
| subsection (c-5) during the preceding calendar year.
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| The Circuit Clerk may accept payment of fines and costs by | 23 |
| credit card
from an offender who has been convicted of a | 24 |
| traffic offense, petty offense
or misdemeanor and may charge | 25 |
| the service fee permitted where fines and
costs are paid by | 26 |
| credit card provided for in Section 27.3b of the Clerks
of | 27 |
| Courts Act.
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| (c-7) In addition to the fines imposed by subsection (c), | 29 |
| any person
convicted or receiving an order of supervision for | 30 |
| driving under the influence
of alcohol or drugs shall pay an | 31 |
| additional $5 fee to the clerk. This
additional fee, less 2 | 32 |
| 1/2% that shall be
used to defray administrative costs incurred | 33 |
| by the clerk, shall be remitted by
the clerk to the Treasurer | 34 |
| within 60 days after receipt for deposit into the
Spinal Cord | 35 |
| Injury Paralysis Cure Research Trust Fund. This additional fee | 36 |
| of
$5 shall not be
considered a part of
the
fine for purposes |
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| 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 | 3 |
| Circuit Clerk
shall submit a report of the amount of funds | 4 |
| remitted to the State
Treasurer under this subsection (c-7) | 5 |
| during the preceding calendar year.
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| (c-9) (Blank). , , or Section 70 of the Methamphetamine | 7 |
| Control and Community Protection Act
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| (d) In determining the amount and method of payment of a | 9 |
| fine, except
for those fines established for violations of | 10 |
| Chapter 15 of the Illinois
Vehicle Code, the court shall | 11 |
| consider:
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| (1) the financial resources and future ability of the | 13 |
| offender to pay
the fine; and
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| (2) whether the fine will prevent the offender from | 15 |
| making court ordered
restitution or reparation to the | 16 |
| victim of the offense; and
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| (3) in a case where the accused is a dissolved | 18 |
| corporation and the
court has appointed counsel to | 19 |
| represent the corporation, the costs
incurred either by the | 20 |
| county or the State for such representation.
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| (e) The court may order the fine to be paid forthwith or | 22 |
| within a
specified period of time or in installments.
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| (f) All fines, costs and additional amounts imposed under | 24 |
| this Section
for any violation of Chapters 3, 4, 6, and 11 of | 25 |
| the Illinois Vehicle Code,
or a similar provision of a local | 26 |
| ordinance, and any violation of the Child
Passenger Protection | 27 |
| Act, or a similar provision of a local ordinance,
shall be | 28 |
| 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. 93-32, eff. 6-20-03; 94-556, eff. 9-11-05; | 31 |
| 94-652, eff. 8-22-05; revised 8-29-05.)
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| Section 99. Effective date. This Act takes effect upon | 33 |
| becoming law.
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