Full Text of SB2181 95th General Assembly
SB2181sam003 95TH GENERAL ASSEMBLY
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Sen. James F. Clayborne Jr.
Filed: 4/11/2008
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09500SB2181sam003 |
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LRB095 18884 RLJ 49359 a |
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| AMENDMENT TO SENATE BILL 2181
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| AMENDMENT NO. ______. Amend Senate Bill 2181 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Counties Code is amended by changing | 5 |
| Section 5-1101 as follows: | 6 |
| (55 ILCS 5/5-1101) (from Ch. 34, par. 5-1101) | 7 |
| Sec. 5-1101. Additional fees to finance court system.
A | 8 |
| county board may enact by ordinance or resolution the following | 9 |
| fees:
| 10 |
| (a) A $5 fee to be paid by the defendant on a judgment of | 11 |
| guilty or a grant
of supervision for violation of the Illinois | 12 |
| Vehicle Code other than Section
11-501 or violations of similar | 13 |
| provisions contained in county or municipal
ordinances | 14 |
| committed in the county, and up to a $30 fee to be paid by the
| 15 |
| defendant on a judgment of guilty or a grant of supervision for | 16 |
| violation of
Section 11-501 of the Illinois Vehicle Code or a |
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| violation of a similar
provision contained in county or | 2 |
| municipal ordinances committed in the county.
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| (b) In the case of a county having a population of | 4 |
| 1,000,000 or less,
a $5 fee to be collected in all civil cases | 5 |
| by the clerk of the circuit court.
| 6 |
| (c) A fee to be paid by the defendant on a judgment of | 7 |
| guilty or a grant of
supervision under Section 5-9-1 of the | 8 |
| Unified Code of Corrections, as follows:
| 9 |
| (1) for a felony, $50;
| 10 |
| (2) for a class A misdemeanor, $25;
| 11 |
| (3) for a class B or class C misdemeanor, $15;
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| (4) for a petty offense, $10;
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| (5) for a business offense, $10.
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| (d) A $100 fee for the second and subsequent violations of | 15 |
| Section
11-501 of the Illinois Vehicle Code or violations of | 16 |
| similar provisions
contained in county or municipal ordinances | 17 |
| committed in the county. The
proceeds of this fee shall be | 18 |
| placed in the county general fund and used to
finance education | 19 |
| programs related to driving under the influence of alcohol or
| 20 |
| drugs.
| 21 |
| (d-5) A $10 fee to be paid by the defendant on a judgment | 22 |
| of guilty or a grant of supervision under Section 5-9-1 of the | 23 |
| Unified Code of Corrections to be placed in the county general | 24 |
| fund and used to finance the county mental health court, the | 25 |
| county drug court, or both. | 26 |
| (d-6) A $25 fee to be paid by the defendant on a judgment |
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| of guilty or a grant of supervision under Section 5-9-1 of the | 2 |
| Unified Code of Corrections to be placed in the county general | 3 |
| fund and used to finance county probation services. | 4 |
| (e) In each county in which a teen court, peer court, peer | 5 |
| jury, youth
court, or
other
youth diversion program has been | 6 |
| created, a county may adopt a mandatory fee
of up to $5 to be | 7 |
| assessed as provided in this subsection. Assessments
collected
| 8 |
| by the clerk of the circuit court pursuant to this subsection | 9 |
| must be deposited
into an
account specifically for the | 10 |
| operation and administration of a teen court, peer
court, peer | 11 |
| jury, youth court, or other youth diversion program. The clerk | 12 |
| of
the
circuit court shall collect the fees established in this | 13 |
| subsection and must
remit the
fees to the teen court, peer | 14 |
| court, peer jury, youth court, or other youth
diversion
program | 15 |
| monthly, less 5%, which is to be retained as fee income to the | 16 |
| office
of
the clerk of the circuit court. The fees are to be | 17 |
| paid as follows:
| 18 |
| (1) a fee of up to $5 paid by the defendant on a | 19 |
| judgment of guilty or
grant of supervision for violation of | 20 |
| the Illinois Vehicle Code or violations
of similar | 21 |
| provisions contained in county or municipal ordinances | 22 |
| committed in
the
county;
| 23 |
| (2) a fee of up to $5 paid by the defendant on a | 24 |
| judgment of guilty or
grant of supervision under Section | 25 |
| 5-9-1 of the Unified Code of Corrections for
a
felony; for | 26 |
| a Class A, Class B, or Class C misdemeanor; for a petty |
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| offense;
and
for a business offense.
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| (f) In each county in which a drug court has been created, | 3 |
| the county may adopt a mandatory fee of up to $5 to be assessed | 4 |
| as provided in this subsection. Assessments collected by the | 5 |
| clerk of the circuit court pursuant to this subsection must be | 6 |
| deposited into an account specifically for the operation and | 7 |
| administration of the drug court. The clerk of the circuit | 8 |
| court shall collect the fees established in this subsection and | 9 |
| must remit the fees to the drug court, less 5%, which is to be | 10 |
| retained as fee income to the office of the clerk of the | 11 |
| circuit court. The fees are to be paid as follows: | 12 |
| (1) a fee of up to $5 paid by the defendant on a | 13 |
| judgment of guilty or grant of supervision for a violation | 14 |
| of the Illinois Vehicle Code or a violation of a similar | 15 |
| provision contained in a county or municipal ordinance | 16 |
| committed in the county; or | 17 |
| (2) a fee of up to $5 paid by the defendant on a | 18 |
| judgment of guilty or a grant of supervision under Section | 19 |
| 5-9-1 of the Unified Code of Corrections for a felony; for | 20 |
| a Class A, Class B, or Class C misdemeanor; for a petty | 21 |
| offense; and for a business offense. | 22 |
|
The clerk of the circuit court shall deposit the 5% | 23 |
| retained under this subsection into the Circuit Court Clerk | 24 |
| Operation and Administrative Fund to be used to defray the | 25 |
| costs of collection and disbursement of the drug court fee. | 26 |
| (f-5) In each county in which a Children's Advocacy Center |
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| provides services, the county board may adopt a mandatory fee | 2 |
| of between $5 and $30 to be paid by the defendant on a judgment | 3 |
| of guilty or a grant of supervision under Section 5-9-1 of the | 4 |
| Unified Code of Corrections for a felony; for a Class A, Class | 5 |
| B, or Class C misdemeanor; for a petty offense; and for a | 6 |
| business offense. Assessments shall be collected by the clerk | 7 |
| of the circuit court and must be deposited into an account | 8 |
| specifically for the operation and administration of the | 9 |
| Children's Advocacy Center. The clerk of the circuit court | 10 |
| shall collect the fees as provided in this subsection, and must | 11 |
| remit the fees to the Children's Advocacy Center.
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| (g) The proceeds of all fees enacted under this Section | 13 |
| must, except as
provided in subsections (d), (d-5),
(e), and | 14 |
| (f), be placed
in the
county general fund and used to
finance | 15 |
| the court system in the county, unless the fee is subject to
| 16 |
| disbursement by the circuit clerk as provided under Section | 17 |
| 27.5 of the Clerks
of Courts Act.
| 18 |
| (Source: P.A. 94-862, eff. 6-16-06; 94-980, eff. 6-30-06; | 19 |
| 95-103, eff. 1-1-08; 95-331, eff. 8-21-07.)
| 20 |
| Section 10. The Clerks of Court Act is amended by changing | 21 |
| Sections 27.5 and 27.6 as follows:
| 22 |
| (705 ILCS 105/27.5) (from Ch. 25, par. 27.5) | 23 |
| Sec. 27.5. (a) All fees, fines, costs, additional | 24 |
| penalties, bail balances
assessed or forfeited, and any other |
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| amount paid by a person to the circuit
clerk that equals an | 2 |
| amount less than $55, except restitution under Section
5-5-6 of | 3 |
| the Unified Code of Corrections, the additional fee collected | 4 |
| pursuant to subsection (d-6) of Section 5-1101 of the Counties | 5 |
| Code and thereafter, any fees collected for reimbursement for | 6 |
| the costs of an
emergency response as provided under Section | 7 |
| 11-501 of the Illinois Vehicle
Code, any fees collected for | 8 |
| attending a traffic safety program under
paragraph (c) of | 9 |
| Supreme Court Rule 529, any fee collected on behalf of a
| 10 |
| State's Attorney under Section 4-2002 of the Counties Code or a | 11 |
| sheriff under
Section 4-5001 of the Counties Code, or any cost | 12 |
| imposed under Section 124A-5
of the Code of Criminal Procedure | 13 |
| of 1963, for convictions, orders of
supervision, or any other | 14 |
| disposition for a violation of Chapters 3, 4, 6,
11, and 12 of | 15 |
| the Illinois Vehicle Code, or a similar provision of a local
| 16 |
| ordinance, and any violation of the Child Passenger Protection | 17 |
| Act, or a
similar provision of a local ordinance, and except as | 18 |
| provided in subsection
(b) shall be disbursed within 60 days | 19 |
| after receipt by the circuit
clerk as follows: 47% shall be | 20 |
| disbursed to the entity authorized by law to
receive the fine | 21 |
| imposed in the case; 12% shall be disbursed to the State
| 22 |
| Treasurer; and 41% shall be disbursed to the county's general | 23 |
| corporate fund.
Of the 12% disbursed to the State Treasurer, | 24 |
| 1/6 shall be deposited by the
State Treasurer into the Violent | 25 |
| Crime Victims Assistance Fund, 1/2 shall be
deposited into the | 26 |
| Traffic and Criminal Conviction Surcharge Fund, and 1/3
shall |
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| be deposited into the Drivers Education Fund. For fiscal years | 2 |
| 1992 and
1993, amounts deposited into the Violent Crime Victims | 3 |
| Assistance Fund, the
Traffic and Criminal Conviction Surcharge | 4 |
| Fund, or the Drivers Education Fund
shall not exceed 110% of | 5 |
| the amounts deposited into those funds in fiscal year
1991. Any | 6 |
| amount that exceeds the 110% limit shall be distributed as | 7 |
| follows:
50% shall be disbursed to the county's general | 8 |
| corporate fund and 50% shall be
disbursed to the entity | 9 |
| authorized by law to receive the fine imposed in the
case. Not | 10 |
| later than March 1 of each year the circuit clerk
shall submit | 11 |
| a report of the amount of funds remitted to the State
Treasurer | 12 |
| under this Section during the preceding year based upon
| 13 |
| independent verification of fines and fees. All counties shall | 14 |
| be subject
to this Section, except that counties with a | 15 |
| population under 2,000,000
may, by ordinance, elect not to be | 16 |
| subject to this Section. For offenses
subject to this Section, | 17 |
| judges shall impose one total sum of money payable
for | 18 |
| violations. The circuit clerk may add on no additional amounts | 19 |
| except
for amounts that are required by Sections 27.3a and | 20 |
| 27.3c of
this Act and subsection (d-6) of Section 5-1101 of the | 21 |
| Counties Code , unless those amounts are specifically waived by | 22 |
| the judge. With
respect to money collected by the circuit clerk | 23 |
| as a result of
forfeiture of bail, ex parte judgment or guilty | 24 |
| plea pursuant to Supreme
Court Rule 529, the circuit clerk | 25 |
| shall first deduct and pay amounts
required by Sections 27.3a | 26 |
| and 27.3c of this Act. This Section is a denial
and limitation |
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| of home rule powers and functions under subsection (h) of
| 2 |
| Section 6 of Article VII of the Illinois Constitution.
| 3 |
| (b) The following amounts must be remitted to the State | 4 |
| Treasurer for
deposit into the Illinois Animal Abuse Fund:
| 5 |
| (1) 50% of the amounts collected for felony offenses | 6 |
| under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | 7 |
| 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | 8 |
| Animals Act and Section 26-5 of the Criminal Code of
1961;
| 9 |
| (2) 20% of the amounts collected for Class A and Class | 10 |
| B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | 11 |
| 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | 12 |
| for Animals Act and Section 26-5 of the Criminal
Code of | 13 |
| 1961; and
| 14 |
| (3) 50% of the amounts collected for Class C | 15 |
| misdemeanors under
Sections 4.01 and 7.1 of the Humane Care | 16 |
| for Animals Act and Section 26-5
of the Criminal Code of | 17 |
| 1961.
| 18 |
| (c) Any person who receives a disposition of court | 19 |
| supervision for a violation of the Illinois Vehicle Code or a | 20 |
| similar provision of a local ordinance shall, in addition to | 21 |
| any other fines, fees, and court costs, pay an additional fee | 22 |
| of $20, to be disbursed as provided in Section 16-104c of the | 23 |
| Illinois Vehicle Code. In addition to the fee of $20, the | 24 |
| person shall also pay a fee of $5, if not waived by the court. | 25 |
| If this $5 fee is collected, $4.50 of the fee shall be | 26 |
| deposited into the Circuit Court Clerk Operation and |
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| Administrative Fund created by the Clerk of the Circuit Court | 2 |
| and 50 cents of the fee shall be deposited into the Prisoner | 3 |
| Review Board Vehicle and Equipment Fund in the State treasury. | 4 |
| (d) Any person convicted of or pleading guilty to a serious | 5 |
| traffic violation, as defined in Section 1-187.001 of the | 6 |
| Illinois Vehicle Code, shall pay an additional fee of $20, to | 7 |
| be disbursed as provided in Section 16-104d of that Code. | 8 |
| This subsection (d) becomes inoperative 7 years after the | 9 |
| effective date of Public Act 95-154
this amendatory Act of the | 10 |
| 95th General Assembly .
| 11 |
| (Source: P.A. 94-1009, eff. 1-1-07; 95-154, eff. 10-13-07; | 12 |
| 95-428, eff. 8-24-07; revised 11-19-07.)
| 13 |
| (705 ILCS 105/27.6)
| 14 |
| (Text of Section before amendment by P.A. 95-600 ) | 15 |
| Sec. 27.6. (a) All fees, fines, costs, additional | 16 |
| penalties, bail balances
assessed or forfeited, and any other | 17 |
| amount paid by a person to the circuit
clerk equalling an | 18 |
| amount of $55 or more, except the additional fee required
by | 19 |
| subsections (b) and (c), restitution under Section 5-5-6 of the
| 20 |
| Unified Code of Corrections, the additional fee collected | 21 |
| pursuant to subsection (d-6) of Sections 5-1101 of the Counties | 22 |
| Code and thereafter, any fees collected for reimbursement for | 23 |
| the costs of an emergency
response as provided under Section | 24 |
| 11-501 of the Illinois Vehicle Code,
any fees collected for | 25 |
| attending a traffic safety program under paragraph (c)
of |
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| Supreme Court Rule 529, any fee collected on behalf of a | 2 |
| State's Attorney
under Section 4-2002 of the Counties Code or a | 3 |
| sheriff under Section 4-5001
of the Counties Code, or any cost | 4 |
| imposed under Section 124A-5 of the Code of
Criminal Procedure | 5 |
| of 1963, for convictions, orders of supervision, or any
other | 6 |
| disposition for a violation of Chapters 3, 4, 6, 11, and 12 of | 7 |
| the
Illinois Vehicle Code, or a similar provision of a local | 8 |
| ordinance, and any
violation of the Child Passenger Protection | 9 |
| Act, or a similar provision of a
local ordinance, and except as | 10 |
| provided in subsections (d) and (g)
(f) shall be disbursed
| 11 |
| within 60 days after receipt by the circuit
clerk as follows: | 12 |
| 44.5% shall be disbursed to the entity authorized by law to
| 13 |
| receive the fine imposed in the case; 16.825% shall be | 14 |
| disbursed to the State
Treasurer; and 38.675% shall be | 15 |
| disbursed to the county's general corporate
fund. Of the | 16 |
| 16.825% disbursed to the State Treasurer, 2/17 shall be | 17 |
| deposited
by the State Treasurer into the Violent Crime Victims | 18 |
| Assistance Fund, 5.052/17
shall be deposited into the Traffic | 19 |
| and Criminal Conviction Surcharge Fund,
3/17 shall be deposited | 20 |
| into the Drivers Education Fund, and 6.948/17 shall be
| 21 |
| deposited into the Trauma Center Fund. Of the 6.948/17 | 22 |
| deposited into the
Trauma Center Fund from the 16.825% | 23 |
| disbursed to the State Treasurer, 50% shall
be disbursed to the | 24 |
| Department of Public Health and 50% shall be disbursed to
the | 25 |
| Department of Healthcare and Family Services. For fiscal year | 26 |
| 1993, amounts deposited into
the Violent Crime Victims |
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| Assistance Fund, the Traffic and Criminal
Conviction Surcharge | 2 |
| Fund, or the Drivers Education Fund shall not exceed 110%
of | 3 |
| the amounts deposited into those funds in fiscal year 1991. Any
| 4 |
| amount that exceeds the 110% limit shall be distributed as | 5 |
| follows: 50%
shall be disbursed to the county's general | 6 |
| corporate fund and 50% shall be
disbursed to the entity | 7 |
| authorized by law to receive the fine imposed in
the case. Not | 8 |
| later than March 1 of each year the circuit clerk
shall submit | 9 |
| a report of the amount of funds remitted to the State
Treasurer | 10 |
| under this Section during the preceding year based upon
| 11 |
| independent verification of fines and fees. All counties shall | 12 |
| be subject
to this Section, except that counties with a | 13 |
| population under 2,000,000
may, by ordinance, elect not to be | 14 |
| subject to this Section. For offenses
subject to this Section, | 15 |
| judges shall impose one total sum of money payable
for | 16 |
| violations. The circuit clerk may add on no additional amounts | 17 |
| except
for amounts that are required by Sections 27.3a and | 18 |
| 27.3c of
this Act and subsection (d-6) of Section 5-1101 of the | 19 |
| Counties Code , unless those amounts are specifically waived by | 20 |
| the judge. With
respect to money collected by the circuit clerk | 21 |
| as a result of
forfeiture of bail, ex parte judgment or guilty | 22 |
| plea pursuant to Supreme
Court Rule 529, the circuit clerk | 23 |
| shall first deduct and pay amounts
required by Sections 27.3a | 24 |
| and 27.3c of this Act. This Section is a denial
and limitation | 25 |
| of home rule powers and functions under subsection (h) of
| 26 |
| Section 6 of Article VII of the Illinois Constitution.
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| (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 |
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| a report of the amount of funds remitted to
the State Treasurer | 2 |
| under this subsection during the preceding calendar
year.
| 3 |
| (c) In addition to any other fines and court costs assessed | 4 |
| by the courts,
any person convicted for a violation of Sections | 5 |
| 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or a | 6 |
| person sentenced for a violation of the Cannabis
Control Act, | 7 |
| the Illinois Controlled Substances Act, or the Methamphetamine | 8 |
| Control and Community Protection Act
shall pay an additional | 9 |
| fee of $100 to the clerk
of the circuit court. This amount, | 10 |
| less
2 1/2% that shall be used to defray administrative costs | 11 |
| incurred by the clerk,
shall be remitted by the clerk to the | 12 |
| Treasurer within 60 days after receipt
for deposit into the | 13 |
| Trauma Center Fund. This additional fee of $100 shall not
be | 14 |
| considered a part of the fine for purposes of any reduction in | 15 |
| the fine for
time served either before or after sentencing. Not | 16 |
| later than March 1 of each
year the Circuit Clerk shall submit | 17 |
| a report of the amount of funds remitted to
the State Treasurer | 18 |
| under this subsection during the preceding calendar year.
| 19 |
| (c-1) In addition to any other fines and court costs | 20 |
| assessed by the
courts, any person sentenced for a violation of | 21 |
| the Cannabis Control Act,
the Illinois Controlled Substances | 22 |
| Act, or the Methamphetamine Control and Community Protection | 23 |
| Act shall pay an additional fee of $5 to the
clerk of the | 24 |
| circuit court. This amount, less 2 1/2% that shall be used to
| 25 |
| defray administrative costs incurred by the clerk, shall be | 26 |
| remitted by the
clerk to the Treasurer within 60 days after |
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| receipt for deposit into the Spinal
Cord Injury Paralysis Cure | 2 |
| Research Trust Fund. This additional fee of $5
shall not be | 3 |
| considered a part of the fine for purposes of any reduction in | 4 |
| the
fine for time served either before or after sentencing. Not | 5 |
| later than March 1
of each year the Circuit Clerk shall submit | 6 |
| a report of the amount of funds
remitted to the State Treasurer | 7 |
| under this subsection during the preceding
calendar year.
| 8 |
| (d) The following amounts must be remitted to the State | 9 |
| Treasurer for
deposit into the Illinois Animal Abuse Fund:
| 10 |
| (1) 50% of the amounts collected for felony offenses | 11 |
| under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | 12 |
| 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | 13 |
| Animals Act and Section 26-5 of the Criminal Code of
1961;
| 14 |
| (2) 20% of the amounts collected for Class A and Class | 15 |
| B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | 16 |
| 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | 17 |
| for Animals Act and Section 26-5 of the Criminal
Code of | 18 |
| 1961; and
| 19 |
| (3) 50% of the amounts collected for Class C | 20 |
| misdemeanors under Sections
4.01 and 7.1 of the Humane Care | 21 |
| for Animals Act and Section 26-5 of the
Criminal Code of | 22 |
| 1961.
| 23 |
| (e) Any person who receives a disposition of court | 24 |
| supervision for a violation of the Illinois Vehicle Code or a | 25 |
| similar provision of a local ordinance shall, in addition to | 26 |
| any other fines, fees, and court costs, pay an additional fee |
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| of $20, to be disbursed as provided in Section 16-104c of the | 2 |
| Illinois Vehicle Code. In addition to the fee of $20, the | 3 |
| person shall also pay a fee of $5, if not waived by the court. | 4 |
| If this $5 fee is collected, $4.50 of the fee shall be | 5 |
| deposited into the Circuit Court Clerk Operation and | 6 |
| Administrative Fund created by the Clerk of the Circuit Court | 7 |
| and 50 cents of the fee shall be deposited into the Prisoner | 8 |
| Review Board Vehicle and Equipment Fund in the State treasury.
| 9 |
| (f) This Section does not apply to the additional child | 10 |
| pornography fines assessed and collected under Section | 11 |
| 5-9-1.14 of the Unified Code of Corrections.
| 12 |
| (g)
(f) Of the amounts collected as fines under subsection | 13 |
| (b) of Section 3-712 of the Illinois Vehicle Code, 99% shall be | 14 |
| deposited into the Illinois Military Family Relief Fund and 1% | 15 |
| shall be deposited into the Circuit Court Clerk Operation and | 16 |
| Administrative Fund created by the Clerk of the Circuit Court | 17 |
| to be used to offset the costs incurred by the Circuit Court | 18 |
| Clerk in performing the additional duties required to collect | 19 |
| and disburse funds to entities of State and local government as | 20 |
| provided by law.
| 21 |
| (Source: P.A. 94-556, eff. 9-11-05; 94-1009, eff. 1-1-07; | 22 |
| 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428, eff. 8-24-07; | 23 |
| revised 11-19-07.)
| 24 |
| (Text of Section after amendment by P.A. 95-600 ) | 25 |
| Sec. 27.6. (a) All fees, fines, costs, additional |
|
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| penalties, bail balances
assessed or forfeited, and any other | 2 |
| amount paid by a person to the circuit
clerk equalling an | 3 |
| amount of $55 or more, except the fine imposed by Section | 4 |
| 5-9-1.15
5-9-1.14 of the Unified Code of Corrections, the | 5 |
| additional fee required
by subsections (b) and (c), restitution | 6 |
| under Section 5-5-6 of the
Unified Code of Corrections, the | 7 |
| additional fee collected pursuant to subsection (d-6) of | 8 |
| Section 5-1101 of the Counties Code and thereafter, any fees | 9 |
| collected for reimbursement for the costs of an emergency
| 10 |
| response as provided under Section 11-501 of the Illinois | 11 |
| Vehicle Code,
any fees collected for attending a traffic safety | 12 |
| program under paragraph (c)
of Supreme Court Rule 529, any fee | 13 |
| collected on behalf of a State's Attorney
under Section 4-2002 | 14 |
| of the Counties Code or a sheriff under Section 4-5001
of the | 15 |
| Counties Code, or any cost imposed under Section 124A-5 of the | 16 |
| Code of
Criminal Procedure of 1963, for convictions, orders of | 17 |
| supervision, or any
other disposition for a violation of | 18 |
| Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | 19 |
| similar provision of a local ordinance, and any
violation of | 20 |
| the Child Passenger Protection Act, or a similar provision of a
| 21 |
| local ordinance, and except as provided in subsections (d) and | 22 |
| (g)
(f) shall be disbursed
within 60 days after receipt by the | 23 |
| circuit
clerk as follows: 44.5% shall be disbursed to the | 24 |
| entity authorized by law to
receive the fine imposed in the | 25 |
| case; 16.825% shall be disbursed to the State
Treasurer; and | 26 |
| 38.675% shall be disbursed to the county's general corporate
|
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| fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | 2 |
| shall be deposited
by the State Treasurer into the Violent | 3 |
| Crime Victims Assistance Fund, 5.052/17
shall be deposited into | 4 |
| the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall | 5 |
| be deposited into the Drivers Education Fund, and 6.948/17 | 6 |
| shall be
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 Healthcare and Family Services. For fiscal year | 11 |
| 1993, amounts deposited into
the Violent Crime Victims | 12 |
| Assistance Fund, the Traffic and Criminal
Conviction Surcharge | 13 |
| Fund, or the Drivers Education Fund shall not exceed 110%
of | 14 |
| the amounts deposited into those funds in fiscal year 1991. Any
| 15 |
| amount that exceeds the 110% limit shall be distributed as | 16 |
| follows: 50%
shall be disbursed to the county's general | 17 |
| corporate fund and 50% shall be
disbursed to the entity | 18 |
| authorized by law to receive the fine imposed in
the case. Not | 19 |
| later than March 1 of each year the circuit clerk
shall submit | 20 |
| a report of the amount of funds remitted to the State
Treasurer | 21 |
| under this Section during the preceding year based upon
| 22 |
| independent verification of fines and fees. All counties shall | 23 |
| be subject
to this Section, except that counties with a | 24 |
| population under 2,000,000
may, by ordinance, elect not to be | 25 |
| subject to this Section. For offenses
subject to this Section, | 26 |
| judges shall impose one total sum of money payable
for |
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| violations. The circuit clerk may add on no additional amounts | 2 |
| except
for amounts that are required by Sections 27.3a and | 3 |
| 27.3c of
this Act and subsection (d-6) of Section 5-1101 of the | 4 |
| Counties Code , unless those amounts are specifically waived by | 5 |
| the judge. With
respect to money collected by the circuit clerk | 6 |
| as a result of
forfeiture of bail, ex parte judgment or guilty | 7 |
| plea pursuant to Supreme
Court Rule 529, the circuit clerk | 8 |
| shall first deduct and pay amounts
required by Sections 27.3a | 9 |
| and 27.3c of this Act. This Section is a denial
and limitation | 10 |
| of home rule powers and functions under subsection (h) of
| 11 |
| Section 6 of Article VII of the Illinois Constitution.
| 12 |
| (b) In addition to any other fines and court costs assessed | 13 |
| by the courts,
any person convicted or receiving an order of | 14 |
| supervision for driving under
the influence of alcohol or drugs | 15 |
| shall pay an additional fee of $100 to the
clerk of the circuit | 16 |
| court. This amount, less 2 1/2% that shall be used to
defray | 17 |
| administrative costs incurred by the clerk, shall be remitted | 18 |
| by the
clerk to the Treasurer within 60 days after receipt for | 19 |
| deposit into the Trauma
Center Fund. This additional fee of | 20 |
| $100 shall not be considered a part of the
fine for purposes of | 21 |
| any reduction in the fine for time served either before or
| 22 |
| after sentencing. Not later than March 1 of each year the | 23 |
| Circuit Clerk shall
submit a report of the amount of funds | 24 |
| remitted to the State Treasurer under
this subsection during | 25 |
| the preceding calendar year.
| 26 |
| (b-1) In addition to any other fines and court costs |
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| assessed by the courts,
any person convicted or receiving an | 2 |
| order of supervision for driving under the
influence of alcohol | 3 |
| or drugs shall pay an additional fee of $5 to the clerk
of the | 4 |
| circuit court. This amount, less
2 1/2% that shall be used to | 5 |
| defray administrative costs incurred by the clerk,
shall be | 6 |
| remitted by the clerk to the Treasurer within 60 days after | 7 |
| receipt
for deposit into the Spinal Cord Injury Paralysis Cure | 8 |
| Research Trust Fund.
This additional fee of $5 shall not
be | 9 |
| considered a part of the fine for purposes of any reduction in | 10 |
| the fine for
time served either before or after sentencing. Not | 11 |
| later than March 1 of each
year the Circuit Clerk shall submit | 12 |
| a report of the amount of funds remitted to
the State Treasurer | 13 |
| under this subsection during the preceding calendar
year.
| 14 |
| (c) In addition to any other fines and court costs assessed | 15 |
| by the courts,
any person convicted for a violation of Sections | 16 |
| 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or a | 17 |
| person sentenced for a violation of the Cannabis
Control Act, | 18 |
| the Illinois Controlled Substances Act, or the Methamphetamine | 19 |
| Control and Community Protection Act
shall pay an additional | 20 |
| fee of $100 to the clerk
of the circuit court. This amount, | 21 |
| less
2 1/2% that shall be used to defray administrative costs | 22 |
| incurred by the clerk,
shall be remitted by the clerk to the | 23 |
| Treasurer within 60 days after receipt
for deposit into the | 24 |
| Trauma Center Fund. This additional fee of $100 shall not
be | 25 |
| considered a part of the fine for purposes of any reduction in | 26 |
| the fine for
time served either before or after sentencing. Not |
|
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09500SB2181sam003 |
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LRB095 18884 RLJ 49359 a |
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| 1 |
| later than March 1 of each
year the Circuit Clerk shall submit | 2 |
| a report of the amount of funds remitted to
the State Treasurer | 3 |
| under this subsection during the preceding calendar year.
| 4 |
| (c-1) In addition to any other fines and court costs | 5 |
| assessed by the
courts, any person sentenced for a violation of | 6 |
| the Cannabis Control Act,
the Illinois Controlled Substances | 7 |
| Act, or the Methamphetamine Control and Community Protection | 8 |
| Act shall pay an additional fee of $5 to the
clerk of the | 9 |
| circuit court. This amount, less 2 1/2% that shall be used to
| 10 |
| defray administrative costs incurred by the clerk, shall be | 11 |
| remitted by the
clerk to the Treasurer within 60 days after | 12 |
| receipt for deposit into the Spinal
Cord Injury Paralysis Cure | 13 |
| Research Trust Fund. This additional fee of $5
shall not be | 14 |
| considered a part of the fine for purposes of any reduction in | 15 |
| the
fine for time served either before or after sentencing. Not | 16 |
| later than March 1
of each year the Circuit Clerk shall submit | 17 |
| a report of the amount of funds
remitted to the State Treasurer | 18 |
| under this subsection during the preceding
calendar year.
| 19 |
| (d) The following amounts must be remitted to the State | 20 |
| Treasurer for
deposit into the Illinois Animal Abuse Fund:
| 21 |
| (1) 50% of the amounts collected for felony offenses | 22 |
| under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | 23 |
| 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | 24 |
| Animals Act and Section 26-5 of the Criminal Code of
1961;
| 25 |
| (2) 20% of the amounts collected for Class A and Class | 26 |
| B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, |
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| 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | 2 |
| for Animals Act and Section 26-5 of the Criminal
Code of | 3 |
| 1961; and
| 4 |
| (3) 50% of the amounts collected for Class C | 5 |
| misdemeanors under Sections
4.01 and 7.1 of the Humane Care | 6 |
| for Animals Act and Section 26-5 of the
Criminal Code of | 7 |
| 1961.
| 8 |
| (e) Any person who receives a disposition of court | 9 |
| supervision for a violation of the Illinois Vehicle Code or a | 10 |
| similar provision of a local ordinance shall, in addition to | 11 |
| any other fines, fees, and court costs, pay an additional fee | 12 |
| of $20, to be disbursed as provided in Section 16-104c of the | 13 |
| Illinois Vehicle Code. In addition to the fee of $20, the | 14 |
| person shall also pay a fee of $5, if not waived by the court. | 15 |
| If this $5 fee is collected, $4.50 of the fee shall be | 16 |
| deposited into the Circuit Court Clerk Operation and | 17 |
| Administrative Fund created by the Clerk of the Circuit Court | 18 |
| and 50 cents of the fee shall be deposited into the Prisoner | 19 |
| Review Board Vehicle and Equipment Fund in the State treasury.
| 20 |
| (f) This Section does not apply to the additional child | 21 |
| pornography fines assessed and collected under Section | 22 |
| 5-9-1.14 of the Unified Code of Corrections.
| 23 |
| (g)
(f) Of the amounts collected as fines under subsection | 24 |
| (b) of Section 3-712 of the Illinois Vehicle Code, 99% shall be | 25 |
| deposited into the Illinois Military Family Relief Fund and 1% | 26 |
| shall be deposited into the Circuit Court Clerk Operation and |
|
|
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LRB095 18884 RLJ 49359 a |
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| 1 |
| Administrative Fund created by the Clerk of the Circuit Court | 2 |
| to be used to offset the costs incurred by the Circuit Court | 3 |
| Clerk in performing the additional duties required to collect | 4 |
| and disburse funds to entities of State and local government as | 5 |
| provided by law.
| 6 |
| (Source: P.A. 94-556, eff. 9-11-05; 94-1009, eff. 1-1-07; | 7 |
| 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428, eff. 8-24-07; | 8 |
| 95-600, eff. 6-1-08; revised 11-19-07.)
| 9 |
| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.".
|
|