Full Text of HB5130 96th General Assembly
HB5130ham001 96TH GENERAL ASSEMBLY
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State Government Administration Committee
Filed: 2/17/2010
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09600HB5130ham001 |
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LRB096 17682 RLC 35682 a |
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| AMENDMENT TO HOUSE BILL 5130
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| AMENDMENT NO. ______. Amend House Bill 5130 on page 1, line | 3 |
| 1, by replacing "money laundering" with "law enforcement"; and
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| on page 1, lines 5 and 6, by replacing "Section 2605-585" with | 5 |
| "Sections 2605-585 and 2605-590"; and | 6 |
| on page 1, by inserting immediately below line 16 the | 7 |
| following: | 8 |
| "(20 ILCS 2605/2605-590 new) | 9 |
| Sec. 2605-590. Drug Traffic Prevention Fund. Moneys | 10 |
| deposited into the Drug Traffic Prevention Fund pursuant to | 11 |
| subsection (e) of Section 5-9-1.1 and subsection (c) of Section | 12 |
| 5-9-1.5 of the Unified Code of Corrections shall be | 13 |
| appropriated to and administered by the Department of State | 14 |
| Police for funding of drug task forces and Metropolitan | 15 |
| Enforcement Groups in accordance with the Intergovernmental |
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LRB096 17682 RLC 35682 a |
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| Drug Laws Enforcement Act. "; and | 2 |
| on page 29, by inserting immediately below line 16 the | 3 |
| following: | 4 |
| "Section 20. The Unified Code of Corrections is amended by | 5 |
| changing Sections 5-9-1.1 and 5-9-1.1-5 as follows: | 6 |
| (730 ILCS 5/5-9-1.1) (from Ch. 38, par. 1005-9-1.1) | 7 |
| (Text of Section from P.A. 94-550, 96-132, and 96-402) | 8 |
| Sec. 5-9-1.1. Drug related offenses. | 9 |
| (a) When a person has been adjudged guilty of a drug | 10 |
| related
offense involving possession or delivery of cannabis or | 11 |
| possession or delivery
of a controlled substance, other than | 12 |
| methamphetamine, as defined in the Cannabis Control Act, as | 13 |
| amended,
or the Illinois Controlled Substances Act, as amended, | 14 |
| in addition to any
other penalty imposed, a fine shall be | 15 |
| levied by the court at not less than
the full street value of | 16 |
| the cannabis or controlled substances seized. | 17 |
| "Street value" shall be determined by the court on the | 18 |
| basis of testimony
of law enforcement personnel and the | 19 |
| defendant as to the amount seized and
such testimony as may be | 20 |
| required by the court as to the current street
value of the | 21 |
| cannabis or controlled substance seized. | 22 |
| (b) In addition to any penalty imposed under subsection (a) | 23 |
| of this
Section, a fine of
$100 shall be levied by the court, |
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LRB096 17682 RLC 35682 a |
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| the proceeds of which
shall be collected by the Circuit Clerk | 2 |
| and remitted to the State Treasurer
under Section 27.6 of the | 3 |
| Clerks of Courts Act
for deposit into the Trauma
Center Fund | 4 |
| for distribution as provided under Section 3.225 of the | 5 |
| Emergency
Medical Services (EMS) Systems Act. | 6 |
| (c) In addition to any penalty imposed under subsection (a) | 7 |
| of this
Section, a fee of $5 shall be assessed by the court, | 8 |
| the proceeds of which
shall be collected by the Circuit Clerk | 9 |
| and remitted to the State Treasurer
under Section 27.6 of the | 10 |
| Clerks of Courts Act for deposit into the Spinal Cord
Injury | 11 |
| Paralysis Cure Research Trust Fund.
This additional fee of $5 | 12 |
| shall not be considered a part of the fine for
purposes of any | 13 |
| reduction in the fine for time served either before or after
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| sentencing. | 15 |
| (d) In addition to any penalty imposed under subsection (a) | 16 |
| of this
Section for a drug related
offense involving possession | 17 |
| or delivery
of cannabis or possession or delivery of a | 18 |
| controlled substance as defined in the Cannabis Control Act, | 19 |
| the Illinois Controlled Substances Act, or the Methamphetamine | 20 |
| Control and Community Protection Act, a fee of $50 shall be | 21 |
| assessed by the court, the proceeds of which
shall be collected | 22 |
| by the Circuit Clerk and remitted to the State Treasurer
under | 23 |
| Section 27.6 of the Clerks of Courts Act for deposit into the | 24 |
| Performance-enhancing Substance Testing Fund.
This additional | 25 |
| fee of $50 shall not be considered a part of the fine for
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| purposes of any reduction in the fine for time served either |
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LRB096 17682 RLC 35682 a |
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| before or after
sentencing. The provisions of this subsection | 2 |
| (d), other than this sentence, are inoperative after June 30, | 3 |
| 2011. | 4 |
| (e) (d) In addition to any penalty imposed under subsection | 5 |
| (a) of this
Section, a $25 assessment shall be assessed by the | 6 |
| court, the proceeds of which
shall be collected by the Circuit | 7 |
| Clerk and remitted to the State Treasurer for deposit into the | 8 |
| Drug Traffic Prevention Fund. The moneys deposited into the | 9 |
| Drug Traffic Prevention Fund pursuant to this Section shall be | 10 |
| appropriated to and administered State Police Services Fund and | 11 |
| shall be used for grants by the Department of State Police for | 12 |
| funding of to drug task forces and Metropolitan Enforcement | 13 |
| Groups in accordance with the Intergovernmental Drug Laws | 14 |
| Enforcement Act. | 15 |
| (Source: P.A. 94-550, eff. 1-1-06; 96-132, eff. 8-7-09; 96-402, | 16 |
| eff. 1-1-10, revised 10-6-09.) | 17 |
| (Text of Section from P.A. 94-556, 96-132, and 96-402) | 18 |
| Sec. 5-9-1.1. Drug related offenses. | 19 |
| (a) When a person has been adjudged guilty of a drug | 20 |
| related
offense involving possession or delivery of cannabis or | 21 |
| possession or delivery
of a controlled substance as defined in | 22 |
| the Cannabis Control Act, the Illinois Controlled Substances | 23 |
| Act, or the Methamphetamine Control and Community Protection | 24 |
| Act, in addition to any
other penalty imposed, a fine shall be | 25 |
| levied by the court at not less than
the full street value of |
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|
09600HB5130ham001 |
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LRB096 17682 RLC 35682 a |
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| the cannabis or controlled substances seized. | 2 |
| "Street value" shall be determined by the court on the | 3 |
| basis of testimony
of law enforcement personnel and the | 4 |
| defendant as to the amount seized and
such testimony as may be | 5 |
| required by the court as to the current street
value of the | 6 |
| cannabis or controlled substance seized. | 7 |
| (b) In addition to any penalty imposed under subsection (a) | 8 |
| of this
Section, a fine of $100 shall be levied by the court, | 9 |
| the proceeds of which
shall be collected by the Circuit Clerk | 10 |
| and remitted to the State Treasurer
under Section 27.6 of the | 11 |
| Clerks of Courts Act for deposit into the Trauma
Center Fund | 12 |
| for distribution as provided under Section 3.225 of the | 13 |
| Emergency
Medical Services (EMS) Systems Act. | 14 |
| (c) In addition to any penalty imposed under subsection (a) | 15 |
| of this
Section, a fee of $5 shall be assessed by the court, | 16 |
| the proceeds of which
shall be collected by the Circuit Clerk | 17 |
| and remitted to the State Treasurer
under Section 27.6 of the | 18 |
| Clerks of Courts Act for deposit into the Spinal Cord
Injury | 19 |
| Paralysis Cure Research Trust Fund.
This additional fee of $5 | 20 |
| shall not be considered a part of the fine for
purposes of any | 21 |
| reduction in the fine for time served either before or after
| 22 |
| sentencing. | 23 |
| (d) In addition to any penalty imposed under subsection (a) | 24 |
| of this
Section for a drug related
offense involving possession | 25 |
| or delivery
of cannabis or possession or delivery of a | 26 |
| controlled substance as defined in the Cannabis Control Act, |
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09600HB5130ham001 |
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LRB096 17682 RLC 35682 a |
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| the Illinois Controlled Substances Act, or the Methamphetamine | 2 |
| Control and Community Protection Act, a fee of $50 shall be | 3 |
| assessed by the court, the proceeds of which
shall be collected | 4 |
| by the Circuit Clerk and remitted to the State Treasurer
under | 5 |
| Section 27.6 of the Clerks of Courts Act for deposit into the | 6 |
| Performance-enhancing Substance Testing Fund.
This additional | 7 |
| fee of $50 shall not be considered a part of the fine for
| 8 |
| purposes of any reduction in the fine for time served either | 9 |
| before or after
sentencing. The provisions of this subsection | 10 |
| (d), other than this sentence, are inoperative after June 30, | 11 |
| 2011. | 12 |
| (e) (d) In addition to any penalty imposed under subsection | 13 |
| (a) of this
Section, a $25 assessment shall be assessed by the | 14 |
| court, the proceeds of which
shall be collected by the Circuit | 15 |
| Clerk and remitted to the State Treasurer for deposit into the | 16 |
| Drug Traffic Prevention Fund. The moneys deposited into the | 17 |
| Drug Traffic Prevention Fund pursuant to this Section shall be | 18 |
| appropriated to and administered State Police Services Fund and | 19 |
| shall be used for grants by the Department of State Police for | 20 |
| funding of to drug task forces and Metropolitan Enforcement | 21 |
| Groups in accordance with the Intergovernmental Drug Laws | 22 |
| Enforcement Act. | 23 |
| (Source: P.A. 94-556, eff. 9-11-05 ; 96-132, eff. 8-7-09; | 24 |
| 96-402, eff. 1-1-10, revised 10-6-09.) | 25 |
| (730 ILCS 5/5-9-1.1-5) |
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LRB096 17682 RLC 35682 a |
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| Sec. 5-9-1.1-5. Methamphetamine related offenses. | 2 |
| (a) When a person has been adjudged guilty of a | 3 |
| methamphetamine related
offense involving possession or | 4 |
| delivery of methamphetamine or any salt of an optical isomer of | 5 |
| methamphetamine or possession of a methamphetamine | 6 |
| manufacturing material as set forth in Section 10 of the | 7 |
| Methamphetamine Control and Community Protection Act with the | 8 |
| intent to manufacture a substance containing methamphetamine | 9 |
| or salt of an optical isomer of methamphetamine, in addition to | 10 |
| any
other penalty imposed, a fine shall be levied by the court | 11 |
| at not less than
the full street value of the methamphetamine | 12 |
| or salt of an optical isomer of methamphetamine or | 13 |
| methamphetamine manufacturing materials seized. | 14 |
| "Street value" shall be determined by the court on the | 15 |
| basis of testimony
of law enforcement personnel and the | 16 |
| defendant as to the amount seized and
such testimony as may be | 17 |
| required by the court as to the current street
value of the | 18 |
| methamphetamine or salt of an optical isomer of methamphetamine | 19 |
| or methamphetamine manufacturing materials seized. | 20 |
| (b) In addition to any penalty imposed under subsection (a) | 21 |
| of this
Section, a fine of
$100 shall be levied by the court, | 22 |
| the proceeds of which
shall be collected by the Circuit Clerk | 23 |
| and remitted to the State Treasurer
under Section 27.6 of the | 24 |
| Clerks of Courts Act
for deposit into the Methamphetamine Law | 25 |
| Enforcement Fund and allocated as provided in subsection (d) of | 26 |
| Section 5-9-1.2.
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09600HB5130ham001 |
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LRB096 17682 RLC 35682 a |
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| (c) In addition to any penalty imposed under subsection (a) | 2 |
| of this
Section, a $25 assessment shall be assessed by the | 3 |
| court, the proceeds of which
shall be collected by the Circuit | 4 |
| Clerk and remitted to the State Treasurer for deposit into the | 5 |
| Drug Traffic Prevention Fund. The moneys deposited into the | 6 |
| Drug Traffic Prevention Fund pursuant to this Section shall be | 7 |
| appropriated to and administered State Police Services Fund and | 8 |
| shall be used for grants by the Department of State Police for | 9 |
| funding of to drug task forces and Metropolitan Enforcement | 10 |
| Groups in accordance with the Intergovernmental Drug Laws | 11 |
| Enforcement Act. | 12 |
| (Source: P.A. 96-200, eff. 8-10-09; 96-402, eff. 1-1-10; | 13 |
| revised 9-25-09.)".
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