Full Text of HB4289 95th General Assembly
HB4289 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB4289
Introduced , by Rep. Patricia Reid Lindner SYNOPSIS AS INTRODUCED: |
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725 ILCS 240/10 |
from Ch. 70, par. 510 |
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Amends the Violent Crime Victims Assistance Act. In provisions requiring imposition of a $25 or $20 penalty upon conviction of or placement on supervision for certain offenses, deletes language providing that the penalty shall be imposed only if no other fine is imposed, and adds language providing that the penalty shall be imposed in addition to any other penalty or fine imposed by the court.
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A BILL FOR
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HB4289 |
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LRB095 15492 RLC 41485 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 Violent Crime Victims Assistance Act is | 5 |
| amended by changing Section 10 as follows:
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| (725 ILCS 240/10) (from Ch. 70, par. 510)
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| Sec. 10. Violent Crime Victims Assistance Fund.
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| (a) The "Violent Crime Victims Assistance Fund" is created | 9 |
| as a special
fund in the State Treasury to provide monies for | 10 |
| the grants to be awarded
under this Act.
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| (b) On and after September 18, 1986, there shall be an | 12 |
| additional penalty
collected from each defendant upon
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| conviction of any felony or upon conviction of or disposition
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| of supervision for any misdemeanor, or upon conviction of or | 15 |
| disposition of
supervision for any offense under the Illinois | 16 |
| Vehicle Code, exclusive of
offenses enumerated in paragraph | 17 |
| (a)(2) of
Section 6-204 of that Code, and exclusive of any | 18 |
| offense enumerated in Article
VI of Chapter 11 of that Code | 19 |
| relating
to restrictions, regulations and limitations on the | 20 |
| speed at which a motor
vehicle is driven or operated, an | 21 |
| additional penalty of $4
for each $40, or fraction thereof, of | 22 |
| fine imposed. Such additional
amounts shall be collected by the | 23 |
| Clerk
of the Circuit Court in addition to the fine and costs in |
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HB4289 |
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LRB095 15492 RLC 41485 b |
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| the case. Each
such additional penalty collected under this | 2 |
| subsection (b) or subsection
(c) of this Section shall be | 3 |
| remitted by the Clerk of the Circuit Court
within one month | 4 |
| after receipt to the State Treasurer for deposit into the
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| Violent Crime Victims Assistance Fund, except as provided in | 6 |
| subsection
(g) of this Section. Such additional penalty shall | 7 |
| not
be considered a part of the fine for purposes of any | 8 |
| reduction made in the
fine for time served either before or | 9 |
| after sentencing. Not later than
March 1 of each year the Clerk | 10 |
| of the Circuit Court shall submit to the
State Comptroller a | 11 |
| report of the amount of funds remitted by him to the
State | 12 |
| Treasurer under this Section during the preceding calendar | 13 |
| year.
Except as otherwise provided by Supreme Court Rules, if a | 14 |
| court in
sentencing an offender levies a gross amount for fine, | 15 |
| costs, fees and
penalties, the amount of the additional penalty | 16 |
| provided for herein shall
be computed on the amount remaining | 17 |
| after deducting from the gross amount
levied all fees of the | 18 |
| Circuit Clerk, the State's Attorney and the Sheriff.
After | 19 |
| deducting from the gross amount levied the fees and additional
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| penalty provided for herein, less any other additional | 21 |
| penalties provided
by law, the clerk shall remit the net | 22 |
| balance remaining to the entity
authorized by law to receive | 23 |
| the fine imposed in the case. For purposes of
this Section | 24 |
| "fees of the Circuit Clerk" shall include, if applicable, the
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| fee provided for under Section 27.3a of the Clerks of Courts | 26 |
| Act and the
fee, if applicable, payable to the county in which |
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HB4289 |
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LRB095 15492 RLC 41485 b |
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| the violation occurred
pursuant to Section 5-1101 of the | 2 |
| Counties Code.
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| (c) In addition to any other penalty or fine imposed by the | 4 |
| court, when When any person is convicted in Illinois on or | 5 |
| after August 28,
1986, of an offense listed below, or placed on | 6 |
| supervision for such an
offense on or after September 18, 1986, | 7 |
| and no other fine is imposed , the
following penalty shall be | 8 |
| collected by the Circuit Court Clerk:
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| (1) $25, for any crime of violence as defined in | 10 |
| subsection (c) of
Section 2 of the Crime Victims | 11 |
| Compensation Act; and
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| (2) $20, for any other felony or misdemeanor, excluding
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| any conservation offense.
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| Such charge shall not be subject to the provisions of | 15 |
| Section 110-14 of
the Code of Criminal Procedure of 1963.
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| (d) Monies forfeited, and proceeds from the sale of | 17 |
| property forfeited
and seized, under the forfeiture provisions | 18 |
| of Section 11-20.1A of the
Criminal Code of 1961 shall be | 19 |
| accepted for the Violent Crime Victims
Assistance Fund.
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| (e) Investment income which is attributable to the | 21 |
| investment of monies
in the Violent Crime Victims Assistance | 22 |
| Fund shall be credited to that fund
for uses specified in this | 23 |
| Act. The Treasurer shall provide the Attorney
General a monthly | 24 |
| status report on the amount of money in the Fund.
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| (f) Monies from the fund may be granted on and after July | 26 |
| 1, 1984.
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HB4289 |
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LRB095 15492 RLC 41485 b |
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| (g) All amounts and charges imposed under this Section for | 2 |
| any
violation of Chapters 3, 4, 6, and 11 of the Illinois | 3 |
| Vehicle Code, or a
similar provision of a local ordinance, or | 4 |
| any violation of the Child
Passenger Protection Act, or a | 5 |
| similar provision of a local ordinance,
shall be collected and | 6 |
| disbursed by the circuit clerk as provided under
Section 27.5 | 7 |
| of the Clerks of Courts Act.
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| (Source: P.A. 89-688, eff. 6-1-97; 90-372, eff. 7-1-98.)
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