Full Text of HB4779 96th General Assembly
HB4779enr 96TH GENERAL ASSEMBLY
|
|
|
HB4779 Enrolled |
|
LRB096 16349 AJT 31613 b |
|
| 1 |
| AN ACT concerning transportation.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Section 16-104a as follows:
| 6 |
| (625 ILCS 5/16-104a) (from Ch. 95 1/2, par. 16-104a)
| 7 |
| Sec. 16-104a. Additional penalty for certain violations. | 8 |
| (a) There is added
to every fine imposed upon conviction of | 9 |
| an offense reportable to the
Secretary of State under the | 10 |
| provisions of subdivision (a) (2) of
Section 6-204 of this Act | 11 |
| an additional penalty of $4 for each $40, or fraction
thereof, | 12 |
| of fine imposed. Each such additional penalty received shall be
| 13 |
| remitted within one month to the State Treasurer to be | 14 |
| deposited into the
Drivers Education Fund, unless the | 15 |
| additional penalty is subject to
disbursement by the circuit | 16 |
| clerk under Section 27.5 of the Clerks of
Courts Act. Such | 17 |
| additional amounts shall be assessed by the
court and shall be | 18 |
| collected by the Clerk of the Circuit Court in addition
to the | 19 |
| fine and costs in the case. Such additional penalty shall not | 20 |
| be
considered a part of the fine for purposes of any reduction | 21 |
| made in the
fine for time served either before or after | 22 |
| sentencing. Not later than
March 1 of each year the Clerk of | 23 |
| the Circuit Court shall submit to the
State Comptroller a |
|
|
|
HB4779 Enrolled |
- 2 - |
LRB096 16349 AJT 31613 b |
|
| 1 |
| report of the amount of funds remitted by him to the
State | 2 |
| Treasurer under this Section during the preceding calendar | 3 |
| year.
Except as otherwise provided by Supreme Court Rules, if a | 4 |
| court in
sentencing an offender levies a gross amount for fine, | 5 |
| costs, fees and
penalties, the amount of the additional penalty | 6 |
| provided for herein shall
be computed on the amount remaining | 7 |
| after deducting from the gross amount
levied all fees of the | 8 |
| Circuit Clerk, the State's Attorney and the Sheriff.
After | 9 |
| deducting from the gross amount levied the fees and additional
| 10 |
| penalty provided for herein, less any other additional | 11 |
| penalties provided
by law, the clerk shall remit the net | 12 |
| balance remaining to the entity
authorized by law to receive | 13 |
| the fine imposed in the case. For purposes of
this Section | 14 |
| "fees of the Circuit Clerk" shall include, if applicable, the
| 15 |
| fee provided for under Section 27.3a of the Clerks of Courts | 16 |
| Act and the
fee, if applicable, payable to the county in which | 17 |
| the violation occurred
pursuant to Section 5-1101 of the | 18 |
| Counties Code.
| 19 |
| When bail is forfeited for failure to appear in connection
| 20 |
| with an offense reportable to the Secretary of State under | 21 |
| subdivision (a)
(2) of Section 6-204 of this Act, and no fine | 22 |
| is imposed ex parte, $4
of
every $40 cash deposit, or fraction | 23 |
| thereof, given to secure appearance
shall be remitted within | 24 |
| one month to the State Treasurer
to be deposited into the | 25 |
| Drivers Education Fund, unless the bail is
subject to | 26 |
| disbursement by the circuit clerk under Section 27.5 of the
|
|
|
|
HB4779 Enrolled |
- 3 - |
LRB096 16349 AJT 31613 b |
|
| 1 |
| Clerks of Courts Act.
| 2 |
| (b) In addition to any other fine or penalty required by | 3 |
| law for a person convicted of a violation of Section 11-503 or | 4 |
| 11-601.5 of this Code or a similar provision of a local | 5 |
| ordinance, the court may, in its discretion, require the person | 6 |
| to pay an additional criminal penalty that shall be distributed | 7 |
| in its entirety to a public agency that provided an emergency | 8 |
| response related to the person's violation. The criminal | 9 |
| penalty may not exceed $100 per public agency for each | 10 |
| emergency response provided for a first violation of Section | 11 |
| 11-503 or
11-601.5 of this Code or a similar provision of a | 12 |
| local
ordinance. The criminal penalty may not exceed $500 per | 13 |
| public agency for each emergency response provided for a second | 14 |
| or subsequent violation of Section 11-503 or
11-601.5 of this | 15 |
| Code or a similar provision of a local
ordinance. As used in | 16 |
| this subsection, "emergency response" means any incident | 17 |
| requiring a response by a police officer, an ambulance, a | 18 |
| firefighter carried on the rolls of a regularly constituted | 19 |
| fire department or fire protection district, a firefighter of a | 20 |
| volunteer fire department, or a member if a recognized | 21 |
| not-for-profit rescue or emergency medical service provider. | 22 |
| (Source: P.A. 91-716, eff. 10-1-00.)
| 23 |
| Section 99. Effective date. This Act takes effect July 1, | 24 |
| 2010.
|
|