Full Text of HB0272 96th General Assembly
HB0272ham001 96TH GENERAL ASSEMBLY
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Elementary & Secondary Education Committee
Filed: 3/4/2009
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09600HB0272ham001 |
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LRB096 04765 NHT 22744 a |
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| AMENDMENT TO HOUSE BILL 272
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| AMENDMENT NO. ______. Amend House Bill 272 on page 1, | 3 |
| immediately below line 3, by inserting the following:
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| "Section 3. The State Finance Act is amended by adding | 5 |
| Section 5.719 as follows: | 6 |
| (30 ILCS 105/5.719 new) | 7 |
| Sec. 5.719. The Performance-enhancing Substance Testing | 8 |
| Fund. "; and | 9 |
| on page 6, by replacing lines 3 through 7 with the following: | 10 |
| " (f) The Performance-enhancing Substance Testing Fund is | 11 |
| created as a special fund in the State treasury. All money in | 12 |
| the Fund shall be used, subject to appropriation, by the | 13 |
| Department of Public Health to distribute as grants to pay the | 14 |
| costs of the performance-enhancing substance testing program | 15 |
| established under subsection (d) of this Section. "; and |
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09600HB0272ham001 |
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LRB096 04765 NHT 22744 a |
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| on page 7, immediately below line 10, by inserting the | 2 |
| following: | 3 |
| "Section 10. The Unified Code of Corrections is amended by | 4 |
| changing Section 5-9-1.1 as follows:
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| (730 ILCS 5/5-9-1.1) (from Ch. 38, par. 1005-9-1.1)
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| (Text of Section from P.A. 94-550)
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| Sec. 5-9-1.1. Drug related offenses.
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| (a) When a person has been adjudged guilty of a drug | 9 |
| related
offense involving possession or delivery of cannabis or | 10 |
| possession or delivery
of a controlled substance, other than | 11 |
| methamphetamine, as defined in the Cannabis Control Act, as | 12 |
| amended,
or the Illinois Controlled Substances Act, as amended, | 13 |
| in addition to any
other penalty imposed, a fine shall be | 14 |
| levied by the court at not less than
the full street value of | 15 |
| the cannabis or controlled substances seized.
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| "Street value" shall be determined by the court on the | 17 |
| basis of testimony
of law enforcement personnel and the | 18 |
| defendant as to the amount seized and
such testimony as may be | 19 |
| required by the court as to the current street
value of the | 20 |
| cannabis or controlled substance seized.
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| (b) In addition to any penalty imposed under subsection (a) | 22 |
| of this
Section, a fine of
$100 shall be levied by the court, | 23 |
| the proceeds of which
shall be collected by the Circuit Clerk |
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09600HB0272ham001 |
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LRB096 04765 NHT 22744 a |
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| and remitted to the State Treasurer
under Section 27.6 of the | 2 |
| Clerks of Courts Act
for deposit into the Trauma
Center Fund | 3 |
| for distribution as provided under Section 3.225 of the | 4 |
| Emergency
Medical Services (EMS) Systems Act.
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| (c) In addition to any penalty imposed under subsection (a) | 6 |
| of this
Section, a fee of $5 shall be assessed by the court, | 7 |
| the proceeds of which
shall be collected by the Circuit Clerk | 8 |
| and remitted to the State Treasurer
under Section 27.6 of the | 9 |
| Clerks of Courts Act for deposit into the Spinal Cord
Injury | 10 |
| Paralysis Cure Research Trust Fund.
This additional fee of $5 | 11 |
| shall not be considered a part of the fine for
purposes of any | 12 |
| reduction in the fine for time served either before or after
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| sentencing.
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| (d) In addition to any penalty imposed under subsection (a) | 15 |
| of this
Section for a drug related
offense involving possession | 16 |
| or delivery
of a controlled substance, other than | 17 |
| methamphetamine, as defined in the Illinois Controlled | 18 |
| Substances Act, a fee of $50 shall be assessed by the court, | 19 |
| the proceeds of which
shall be collected by the Circuit Clerk | 20 |
| and remitted to the State Treasurer
under Section 27.6 of the | 21 |
| Clerks of Courts Act for deposit into the Performance-enhancing | 22 |
| Substance Testing Fund.
This additional fee of $50 shall not be | 23 |
| considered a part of the fine for
purposes of any reduction in | 24 |
| the fine for time served either before or after
sentencing. | 25 |
| (Source: P.A. 94-550, eff. 1-1-06.)
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09600HB0272ham001 |
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LRB096 04765 NHT 22744 a |
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| (Text of Section from P.A. 94-556)
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| Sec. 5-9-1.1. Drug related offenses.
| 3 |
| (a) When a person has been adjudged guilty of a drug | 4 |
| related
offense involving possession or delivery of cannabis or | 5 |
| possession or delivery
of a controlled substance as defined in | 6 |
| the Cannabis Control Act, the Illinois Controlled Substances | 7 |
| Act, or the Methamphetamine Control and Community Protection | 8 |
| Act, in addition to any
other penalty imposed, a fine shall be | 9 |
| levied by the court at not less than
the full street value of | 10 |
| the cannabis or controlled substances seized.
| 11 |
| "Street value" shall be determined by the court on the | 12 |
| basis of testimony
of law enforcement personnel and the | 13 |
| defendant as to the amount seized and
such testimony as may be | 14 |
| required by the court as to the current street
value of the | 15 |
| cannabis or controlled substance seized.
| 16 |
| (b) In addition to any penalty imposed under subsection (a) | 17 |
| of this
Section, a fine of $100 shall be levied by the court, | 18 |
| the proceeds of which
shall be collected by the Circuit Clerk | 19 |
| and remitted to the State Treasurer
under Section 27.6 of the | 20 |
| Clerks of Courts Act for deposit into the Trauma
Center Fund | 21 |
| for distribution as provided under Section 3.225 of the | 22 |
| Emergency
Medical Services (EMS) Systems Act.
| 23 |
| (c) In addition to any penalty imposed under subsection (a) | 24 |
| of this
Section, a fee of $5 shall be assessed by the court, | 25 |
| the proceeds of which
shall be collected by the Circuit Clerk | 26 |
| and remitted to the State Treasurer
under Section 27.6 of the |
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09600HB0272ham001 |
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LRB096 04765 NHT 22744 a |
|
| 1 |
| Clerks of Courts Act for deposit into the Spinal Cord
Injury | 2 |
| Paralysis Cure Research Trust Fund.
This additional fee of $5 | 3 |
| shall not be considered a part of the fine for
purposes of any | 4 |
| reduction in the fine for time served either before or after
| 5 |
| sentencing.
| 6 |
| (d) In addition to any penalty imposed under subsection (a) | 7 |
| of this
Section for a drug related
offense involving possession | 8 |
| or delivery
of a controlled substance, other than | 9 |
| methamphetamine, as defined in the Illinois Controlled | 10 |
| Substances Act, a fee of $50 shall be assessed by the court, | 11 |
| the proceeds of which
shall be collected by the Circuit Clerk | 12 |
| and remitted to the State Treasurer
under Section 27.6 of the | 13 |
| Clerks of Courts Act for deposit into the Performance-enhancing | 14 |
| Substance Testing Fund.
This additional fee of $50 shall not be | 15 |
| considered a part of the fine for
purposes of any reduction in | 16 |
| the fine for time served either before or after
sentencing. | 17 |
| (Source: P.A. 94-556, eff. 9-11-05 .)".
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