Full Text of SB1341 96th General Assembly
SB1341 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB1341
Introduced 2/10/2009, by Sen. Michael Bond SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/16-104c |
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705 ILCS 105/27.5 |
from Ch. 25, par. 27.5 |
705 ILCS 105/27.6 |
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730 ILCS 5/5-6-1 |
from Ch. 38, par. 1005-6-1 |
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Amends the Illinois Vehicle Code, Clerks of Courts Act, and the Unified Code of Corrections to provide that any person who receives court supervision shall pay an additional fee of $30 (instead of $20). Provides that any person who receives a disposition of court supervision for a Vehicle Code violation or a similar local ordinance shall pay an additional fee of $30 (instead of $20). Provides that $20 of the $30 (instead of the $20) shall be deposited into the State Police Vehicle Fund in the State treasury and $10 of the $30 shall be deposited into the Driver's Education Fund.
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A BILL FOR
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SB1341 |
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LRB096 04410 AJO 14461 b |
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| AN ACT concerning civil 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 Illinois Vehicle Code is amended by changing | 5 |
| Section 16-104c as follows: | 6 |
| (625 ILCS 5/16-104c) | 7 |
| Sec. 16-104c. Court supervision fees. | 8 |
| (a) Any person who, after a court appearance in the same | 9 |
| matter, receives a disposition of court supervision for a | 10 |
| violation of any provision of this Code or a similar provision | 11 |
| of a local ordinance shall pay an additional fee of $30 $20 , | 12 |
| which shall be disbursed as follows: | 13 |
| (1) if an officer of the Department of State Police | 14 |
| arrested the person for the violation, the $20 of the $30 | 15 |
| fee shall be deposited into the State Police Vehicle Fund | 16 |
| in the State treasury; or
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| (2) if an officer of any law enforcement agency in the | 18 |
| State other than the Department of State Police arrested | 19 |
| the person for the violation, the $20 of the $30 fee shall | 20 |
| be paid to the law enforcement agency that employed the | 21 |
| arresting officer and shall be used for the acquisition or | 22 |
| maintenance of police vehicles ; and .
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| (3) $10 of the $30 fee shall be deposited into the |
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| Drivers Education Fund. | 2 |
| (b) In addition to the fee provided for in subsection (a), | 3 |
| a person who, after a court appearance in the same matter, | 4 |
| receives a disposition of court supervision for any violation | 5 |
| of this Code or a similar provision of a local ordinance shall | 6 |
| also pay an additional fee of $5, if not waived by the court. | 7 |
| Of this $5 fee, $4.50 shall be deposited into the Circuit Court | 8 |
| Clerk Operation and Administrative Fund created by the Clerk of | 9 |
| the Circuit Court and 50 cents shall be deposited into the | 10 |
| Prisoner Review Board Vehicle and Equipment Fund in the State | 11 |
| treasury.
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| (c) The Prisoner Review Board Vehicle and Equipment Fund is | 13 |
| created as a special fund in the State treasury. The Prisoner | 14 |
| Review Board shall, subject to appropriation by the General | 15 |
| Assembly and approval by the Secretary, use all moneys in the | 16 |
| Prisoner Review Board Vehicle and Equipment Fund for the | 17 |
| purchase and operation of vehicles and equipment.
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| (Source: P.A. 94-1009, eff. 1-1-07; 95-428, eff. 8-24-07.) | 19 |
| Section 10. The Clerks of Courts Act is amended by changing | 20 |
| Sections 27.5 and 27.6 as follows:
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| (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
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| Sec. 27.5. (a) All fees, fines, costs, additional | 23 |
| penalties, bail balances
assessed or forfeited, and any other | 24 |
| amount paid by a person to the circuit
clerk that equals an |
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| amount less than $55, except restitution under Section
5-5-6 of | 2 |
| the Unified Code of Corrections, reimbursement for the costs of | 3 |
| an
emergency response as provided under Section 11-501 of the | 4 |
| Illinois Vehicle
Code, any fees collected for attending a | 5 |
| traffic safety program under
paragraph (c) of Supreme Court | 6 |
| Rule 529, any fee collected on behalf of a
State's Attorney | 7 |
| under Section 4-2002 of the Counties Code or a sheriff under
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| Section 4-5001 of the Counties Code, or any cost imposed under | 9 |
| Section 124A-5
of the Code of Criminal Procedure of 1963, for | 10 |
| convictions, orders of
supervision, or any other disposition | 11 |
| for a violation of Chapters 3, 4, 6,
11, and 12 of the Illinois | 12 |
| Vehicle Code, or a similar provision of a local
ordinance, and | 13 |
| any violation of the Child Passenger Protection Act, or a
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| similar provision of a local ordinance, and except as provided | 15 |
| in subsection
(b) shall be disbursed within 60 days after | 16 |
| receipt by the circuit
clerk as follows: 47% shall be disbursed | 17 |
| to the entity authorized by law to
receive the fine imposed in | 18 |
| the case; 12% shall be disbursed to the State
Treasurer; and | 19 |
| 41% shall be disbursed to the county's general corporate fund.
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| Of the 12% disbursed to the State Treasurer, 1/6 shall be | 21 |
| deposited by the
State Treasurer into the Violent Crime Victims | 22 |
| Assistance Fund, 1/2 shall be
deposited into the Traffic and | 23 |
| Criminal Conviction Surcharge Fund, and 1/3
shall be deposited | 24 |
| into the Drivers Education Fund. For fiscal years 1992 and
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| 1993, amounts deposited into the Violent Crime Victims | 26 |
| Assistance Fund, the
Traffic and Criminal Conviction Surcharge |
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| Fund, or the Drivers Education Fund
shall not exceed 110% of | 2 |
| the amounts deposited into those funds in fiscal year
1991. Any | 3 |
| amount that exceeds the 110% limit shall be distributed as | 4 |
| follows:
50% shall be disbursed to the county's general | 5 |
| corporate fund and 50% shall be
disbursed to the entity | 6 |
| authorized by law to receive the fine imposed in the
case. Not | 7 |
| later than March 1 of each year the circuit clerk
shall submit | 8 |
| a report of the amount of funds remitted to the State
Treasurer | 9 |
| under this Section during the preceding year based upon
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| independent verification of fines and fees. All counties shall | 11 |
| be subject
to this Section, except that counties with a | 12 |
| population under 2,000,000
may, by ordinance, elect not to be | 13 |
| subject to this Section. For offenses
subject to this Section, | 14 |
| judges shall impose one total sum of money payable
for | 15 |
| violations. The circuit clerk may add on no additional amounts | 16 |
| except
for amounts that are required by Sections 27.3a and | 17 |
| 27.3c of
this Act, unless those amounts are specifically waived | 18 |
| by the judge. With
respect to money collected by the circuit | 19 |
| clerk as a result of
forfeiture of bail, ex parte judgment or | 20 |
| guilty plea pursuant to Supreme
Court Rule 529, the circuit | 21 |
| clerk shall first deduct and pay amounts
required by Sections | 22 |
| 27.3a and 27.3c of this Act. This Section is a denial
and | 23 |
| limitation of home rule powers and functions under subsection | 24 |
| (h) of
Section 6 of Article VII of the Illinois Constitution.
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| (b) The following amounts must be remitted to the State | 26 |
| Treasurer for
deposit into the Illinois Animal Abuse Fund:
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| (1) 50% of the amounts collected for felony offenses | 2 |
| under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | 3 |
| 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | 4 |
| Animals Act and Section 26-5 of the Criminal Code of
1961;
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| (2) 20% of the amounts collected for Class A and Class | 6 |
| B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | 7 |
| 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | 8 |
| for Animals Act and Section 26-5 of the Criminal
Code of | 9 |
| 1961; and
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| (3) 50% of the amounts collected for Class C | 11 |
| misdemeanors under
Sections 4.01 and 7.1 of the Humane Care | 12 |
| for Animals Act and Section 26-5
of the Criminal Code of | 13 |
| 1961.
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| (c) Any person who receives a disposition of court | 15 |
| supervision for a violation of the Illinois Vehicle Code or a | 16 |
| similar provision of a local ordinance shall, in addition to | 17 |
| any other fines, fees, and court costs, pay an additional fee | 18 |
| of $30 $20 , to be disbursed as provided in Section 16-104c of | 19 |
| the Illinois Vehicle Code. In addition to the fee of $30 $20 , | 20 |
| the person shall also pay a fee of $5, if not waived by the | 21 |
| court. If this $5 fee is collected, $4.50 of the fee shall be | 22 |
| deposited into the Circuit Court Clerk Operation and | 23 |
| Administrative Fund created by the Clerk of the Circuit Court | 24 |
| and 50 cents of the fee shall be deposited into the Prisoner | 25 |
| Review Board Vehicle and Equipment Fund in the State treasury. | 26 |
| (d) Any person convicted of or pleading guilty to a serious |
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| traffic violation, as defined in Section 1-187.001 of the | 2 |
| Illinois Vehicle Code, shall pay an additional fee of $20, to | 3 |
| be disbursed as provided in Section 16-104d of that Code. | 4 |
| This subsection (d) becomes inoperative 7 years after the | 5 |
| effective date of Public Act 95-154.
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| (Source: P.A. 94-1009, eff. 1-1-07; 95-154, eff. 10-13-07; | 7 |
| 95-428, eff. 8-24-07; 95-876, eff. 8-21-08.)
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| (705 ILCS 105/27.6)
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| Sec. 27.6. (a) All fees, fines, costs, additional | 10 |
| penalties, bail balances
assessed or forfeited, and any other | 11 |
| amount paid by a person to the circuit
clerk equalling an | 12 |
| amount of $55 or more, except the fine imposed by Section | 13 |
| 5-9-1.15
of the Unified Code of Corrections, the additional fee | 14 |
| required
by subsections (b) and (c), restitution under Section | 15 |
| 5-5-6 of the
Unified Code of Corrections, reimbursement for the | 16 |
| costs of an emergency
response as provided under Section 11-501 | 17 |
| of the Illinois Vehicle Code,
any fees collected for attending | 18 |
| a traffic safety program under paragraph (c)
of Supreme Court | 19 |
| Rule 529, any fee collected on behalf of a State's Attorney
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| under Section 4-2002 of the Counties Code or a sheriff under | 21 |
| Section 4-5001
of the Counties Code, or any cost imposed under | 22 |
| Section 124A-5 of the Code of
Criminal Procedure of 1963, for | 23 |
| convictions, orders of supervision, or any
other disposition | 24 |
| for a violation of Chapters 3, 4, 6, 11, and 12 of the
Illinois | 25 |
| Vehicle Code, or a similar provision of a local ordinance, and |
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| any
violation of the Child Passenger Protection Act, or a | 2 |
| similar provision of a
local ordinance, and except as provided | 3 |
| in subsections (d) and (g)
shall be disbursed
within 60 days | 4 |
| after receipt by the circuit
clerk as follows: 44.5% shall be | 5 |
| disbursed to the entity authorized by law to
receive the fine | 6 |
| imposed in the case; 16.825% shall be disbursed to the State
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| Treasurer; and 38.675% shall be disbursed to the county's | 8 |
| general corporate
fund. Of the 16.825% disbursed to the State | 9 |
| Treasurer, 2/17 shall be deposited
by the State Treasurer into | 10 |
| the Violent Crime Victims Assistance Fund, 5.052/17
shall be | 11 |
| deposited into the Traffic and Criminal Conviction Surcharge | 12 |
| Fund,
3/17 shall be deposited into the Drivers Education Fund, | 13 |
| and 6.948/17 shall be
deposited into the Trauma Center Fund. Of | 14 |
| the 6.948/17 deposited into the
Trauma Center Fund from the | 15 |
| 16.825% disbursed to the State Treasurer, 50% shall
be | 16 |
| disbursed to the Department of Public Health and 50% shall be | 17 |
| disbursed to
the Department of Healthcare and Family Services. | 18 |
| For fiscal year 1993, amounts deposited into
the Violent Crime | 19 |
| Victims Assistance Fund, the Traffic and Criminal
Conviction | 20 |
| Surcharge Fund, or the Drivers Education Fund shall not exceed | 21 |
| 110%
of the amounts deposited into those funds in fiscal year | 22 |
| 1991. Any
amount that exceeds the 110% limit shall be | 23 |
| distributed as follows: 50%
shall be disbursed to the county's | 24 |
| general corporate fund and 50% shall be
disbursed to the entity | 25 |
| authorized by law to receive the fine imposed in
the case. Not | 26 |
| later than March 1 of each year the circuit clerk
shall submit |
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LRB096 04410 AJO 14461 b |
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| a report of the amount of funds remitted to the State
Treasurer | 2 |
| under this Section during the preceding year based upon
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| independent verification of fines and fees. All counties shall | 4 |
| be subject
to this Section, except that counties with a | 5 |
| population under 2,000,000
may, by ordinance, elect not to be | 6 |
| subject to this Section. For offenses
subject to this Section, | 7 |
| judges shall impose one total sum of money payable
for | 8 |
| violations. The circuit clerk may add on no additional amounts | 9 |
| except
for amounts that are required by Sections 27.3a and | 10 |
| 27.3c of
this Act, unless those amounts are specifically waived | 11 |
| by the judge. With
respect to money collected by the circuit | 12 |
| clerk as a result of
forfeiture of bail, ex parte judgment or | 13 |
| guilty plea pursuant to Supreme
Court Rule 529, the circuit | 14 |
| clerk shall first deduct and pay amounts
required by Sections | 15 |
| 27.3a and 27.3c of this Act. This Section is a denial
and | 16 |
| limitation of home rule powers and functions under subsection | 17 |
| (h) of
Section 6 of Article VII of the Illinois Constitution.
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| (b) In addition to any other fines and court costs assessed | 19 |
| by the courts,
any person convicted or receiving an order of | 20 |
| supervision for driving under
the influence of alcohol or drugs | 21 |
| shall pay an additional fee of $100 to the
clerk of the circuit | 22 |
| court. This amount, less 2 1/2% that shall be used to
defray | 23 |
| administrative costs incurred by the clerk, shall be remitted | 24 |
| by the
clerk to the Treasurer within 60 days after receipt for | 25 |
| deposit into the Trauma
Center Fund. This additional fee of | 26 |
| $100 shall not be considered a part of the
fine for purposes of |
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| any reduction in the fine for time served either before or
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| after sentencing. Not later than March 1 of each year the | 3 |
| Circuit Clerk shall
submit a report of the amount of funds | 4 |
| remitted to the State Treasurer under
this subsection during | 5 |
| the preceding calendar year.
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| (b-1) In addition to any other fines and court costs | 7 |
| assessed by the courts,
any person convicted or receiving an | 8 |
| order of supervision for driving under the
influence of alcohol | 9 |
| or drugs shall pay an additional fee of $5 to the clerk
of the | 10 |
| circuit court. This amount, less
2 1/2% that shall be used to | 11 |
| defray administrative costs incurred by the clerk,
shall be | 12 |
| remitted by the clerk to the Treasurer within 60 days after | 13 |
| receipt
for deposit into the Spinal Cord Injury Paralysis Cure | 14 |
| Research Trust Fund.
This additional fee of $5 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. Not | 17 |
| later than March 1 of each
year the Circuit Clerk shall submit | 18 |
| a report of the amount of funds remitted to
the State Treasurer | 19 |
| under this subsection during the preceding calendar
year.
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| (c) In addition to any other fines and court costs assessed | 21 |
| by the courts,
any person convicted for a violation of Sections | 22 |
| 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or a | 23 |
| person sentenced for a violation of the Cannabis
Control Act, | 24 |
| the Illinois Controlled Substances Act, or the Methamphetamine | 25 |
| Control and Community Protection Act
shall pay an additional | 26 |
| fee of $100 to the clerk
of the circuit court. This amount, |
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| less
2 1/2% that shall be used to defray administrative costs | 2 |
| incurred by the clerk,
shall be remitted by the clerk to the | 3 |
| Treasurer within 60 days after receipt
for deposit into the | 4 |
| Trauma Center Fund. This additional fee of $100 shall not
be | 5 |
| considered a part of the fine for purposes of any reduction in | 6 |
| the fine for
time served either before or after sentencing. Not | 7 |
| later than March 1 of each
year the Circuit Clerk shall submit | 8 |
| a report of the amount of funds remitted to
the State Treasurer | 9 |
| under this subsection during the preceding calendar year.
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| (c-1) In addition to any other fines and court costs | 11 |
| assessed by the
courts, any person sentenced for a violation of | 12 |
| the Cannabis Control Act,
the Illinois Controlled Substances | 13 |
| Act, or the Methamphetamine Control and Community Protection | 14 |
| Act shall pay an additional fee of $5 to the
clerk of the | 15 |
| circuit court. This amount, less 2 1/2% that shall be used to
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| defray administrative costs incurred by the clerk, shall be | 17 |
| remitted by the
clerk to the Treasurer within 60 days after | 18 |
| receipt for deposit into the Spinal
Cord Injury Paralysis Cure | 19 |
| Research Trust Fund. This additional fee of $5
shall not be | 20 |
| considered a part of the fine for purposes of any reduction in | 21 |
| the
fine for time served either before or after sentencing. Not | 22 |
| later than March 1
of each year the Circuit Clerk shall submit | 23 |
| a report of the amount of funds
remitted to the State Treasurer | 24 |
| under this subsection during the preceding
calendar year.
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| (d) The following amounts must be remitted to the State | 26 |
| Treasurer for
deposit into the Illinois Animal Abuse Fund:
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| (1) 50% of the amounts collected for felony offenses | 2 |
| under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | 3 |
| 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | 4 |
| Animals Act and Section 26-5 of the Criminal Code of
1961;
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| (2) 20% of the amounts collected for Class A and Class | 6 |
| B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | 7 |
| 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | 8 |
| for Animals Act and Section 26-5 of the Criminal
Code of | 9 |
| 1961; and
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| (3) 50% of the amounts collected for Class C | 11 |
| misdemeanors under Sections
4.01 and 7.1 of the Humane Care | 12 |
| for Animals Act and Section 26-5 of the
Criminal Code of | 13 |
| 1961.
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| (e) Any person who receives a disposition of court | 15 |
| supervision for a violation of the Illinois Vehicle Code or a | 16 |
| similar provision of a local ordinance shall, in addition to | 17 |
| any other fines, fees, and court costs, pay an additional fee | 18 |
| of $30 $20 , to be disbursed as provided in Section 16-104c of | 19 |
| the Illinois Vehicle Code. In addition to the fee of $30 $20 , | 20 |
| the person shall also pay a fee of $5, if not waived by the | 21 |
| court. If this $5 fee is collected, $4.50 of the fee shall be | 22 |
| deposited into the Circuit Court Clerk Operation and | 23 |
| Administrative Fund created by the Clerk of the Circuit Court | 24 |
| and 50 cents of the fee shall be deposited into the Prisoner | 25 |
| Review Board Vehicle and Equipment Fund in the State treasury.
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| (f) This Section does not apply to the additional child |
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| pornography fines assessed and collected under Section | 2 |
| 5-9-1.14 of the Unified Code of Corrections.
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| (g)
Of the amounts collected as fines under subsection (b) | 4 |
| of Section 3-712 of the Illinois Vehicle Code, 99% shall be | 5 |
| deposited into the Illinois Military Family Relief Fund and 1% | 6 |
| shall be deposited into the Circuit Court Clerk Operation and | 7 |
| Administrative Fund created by the Clerk of the Circuit Court | 8 |
| to be used to offset the costs incurred by the Circuit Court | 9 |
| Clerk in performing the additional duties required to collect | 10 |
| and disburse funds to entities of State and local government as | 11 |
| provided by law.
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| (Source: P.A. 94-556, eff. 9-11-05; 94-1009, eff. 1-1-07; | 13 |
| 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428, eff. 8-24-07; | 14 |
| 95-600, eff. 6-1-08; 95-876, eff. 8-21-08.) | 15 |
| Section 15. The Unified Code of Corrections is amended by | 16 |
| changing Section 5-6-1 as follows:
| 17 |
| (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
| 18 |
| Sec. 5-6-1. Sentences of Probation and of Conditional
| 19 |
| Discharge and Disposition of Supervision.
The General Assembly | 20 |
| finds that in order to protect the public, the
criminal justice | 21 |
| system must compel compliance with the conditions of probation
| 22 |
| by responding to violations with swift, certain and fair | 23 |
| punishments and
intermediate sanctions. The Chief Judge of each | 24 |
| circuit shall adopt a system of
structured, intermediate |
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| sanctions for violations of the terms and conditions
of a | 2 |
| sentence of probation, conditional discharge or disposition of
| 3 |
| supervision.
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| (a) Except where specifically prohibited by other
| 5 |
| provisions of this Code, the court shall impose a sentence
of | 6 |
| probation or conditional discharge upon an offender
unless, | 7 |
| having regard to the nature and circumstance of
the offense, | 8 |
| and to the history, character and condition
of the offender, | 9 |
| the court is of the opinion that:
| 10 |
| (1) his imprisonment or periodic imprisonment is | 11 |
| necessary
for the protection of the public; or
| 12 |
| (2) probation or conditional discharge would deprecate
| 13 |
| the seriousness of the offender's conduct and would be
| 14 |
| inconsistent with the ends of justice; or
| 15 |
| (3) a combination of imprisonment with concurrent or | 16 |
| consecutive probation when an offender has been admitted | 17 |
| into a drug court program under Section 20 of the Drug | 18 |
| Court Treatment Act is necessary for the protection of the | 19 |
| public and for the rehabilitation of the offender.
| 20 |
| The court shall impose as a condition of a sentence of | 21 |
| probation,
conditional discharge, or supervision, that the | 22 |
| probation agency may invoke any
sanction from the list of | 23 |
| intermediate sanctions adopted by the chief judge of
the | 24 |
| circuit court for violations of the terms and conditions of the | 25 |
| sentence of
probation, conditional discharge, or supervision, | 26 |
| subject to the provisions of
Section 5-6-4 of this Act.
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| (b) The court may impose a sentence of conditional
| 2 |
| discharge for an offense if the court is of the opinion
that | 3 |
| neither a sentence of imprisonment nor of periodic
imprisonment | 4 |
| nor of probation supervision is appropriate.
| 5 |
| (b-1) Subsections (a) and (b) of this Section do not apply | 6 |
| to a defendant charged with a misdemeanor or felony under the | 7 |
| Illinois Vehicle Code or reckless homicide under Section 9-3 of | 8 |
| the Criminal Code of 1961 if the defendant within the past 12 | 9 |
| months has been convicted of or pleaded guilty to a misdemeanor | 10 |
| or felony under the Illinois Vehicle Code or reckless homicide | 11 |
| under Section 9-3 of the Criminal Code of 1961. | 12 |
| (c) The court may, upon a plea of guilty or a stipulation
| 13 |
| by the defendant of the facts supporting the charge or a
| 14 |
| finding of guilt, defer further proceedings and the
imposition | 15 |
| of a sentence, and enter an order for supervision of the | 16 |
| defendant,
if the defendant is not charged with: (i) a Class A | 17 |
| misdemeanor, as
defined by the following provisions of the | 18 |
| Criminal Code of 1961: Sections
11-9.1; 12-3.2; 12-15; 26-5; | 19 |
| 31-1; 31-6; 31-7; subsections (b) and (c) of Section
21-1;
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| paragraph (1) through (5), (8), (10), and (11) of subsection | 21 |
| (a) of Section
24-1; (ii) a Class A misdemeanor violation of | 22 |
| Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals | 23 |
| Act; or (iii)
a felony.
If the defendant
is not barred from | 24 |
| receiving an order for supervision as provided in this
| 25 |
| subsection, the court may enter an order for supervision after | 26 |
| considering the
circumstances of the offense, and the history,
|
|
|
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| 1 |
| character and condition of the offender, if the court is of the | 2 |
| opinion
that:
| 3 |
| (1) the offender is not likely to commit further | 4 |
| crimes;
| 5 |
| (2) the defendant and the public would be best served | 6 |
| if the
defendant were not to receive a criminal record; and
| 7 |
| (3) in the best interests of justice an order of | 8 |
| supervision
is more appropriate than a sentence otherwise | 9 |
| permitted under this Code.
| 10 |
| (c-5) Subsections (a), (b), and (c) of this Section do not | 11 |
| apply to a defendant charged with a second or subsequent | 12 |
| violation of Section 6-303 of the Illinois Vehicle Code | 13 |
| committed while his or her driver's license, permit or | 14 |
| privileges were revoked because of a violation of Section 9-3 | 15 |
| of the Criminal Code of 1961, relating to the offense of | 16 |
| reckless homicide, or a similar provision of a law of another | 17 |
| state.
| 18 |
| (d) The provisions of paragraph (c) shall not apply to a | 19 |
| defendant charged
with violating Section 11-501 of the Illinois | 20 |
| Vehicle Code or a similar
provision of a local
ordinance when | 21 |
| the defendant has previously been:
| 22 |
| (1) convicted for a violation of Section 11-501 of
the | 23 |
| Illinois Vehicle
Code or a similar provision of a
local | 24 |
| ordinance or any similar law or ordinance of another state; | 25 |
| or
| 26 |
| (2) assigned supervision for a violation of Section |
|
|
|
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| 1 |
| 11-501 of the Illinois
Vehicle Code or a similar provision | 2 |
| of a local ordinance or any similar law
or ordinance of | 3 |
| another state; or
| 4 |
| (3) pleaded guilty to or stipulated to the facts | 5 |
| supporting
a charge or a finding of guilty to a violation | 6 |
| of Section 11-503 of the
Illinois Vehicle Code or a similar | 7 |
| provision of a local ordinance or any
similar law or | 8 |
| ordinance of another state, and the
plea or stipulation was | 9 |
| the result of a plea agreement.
| 10 |
| The court shall consider the statement of the prosecuting
| 11 |
| authority with regard to the standards set forth in this | 12 |
| Section.
| 13 |
| (e) The provisions of paragraph (c) shall not apply to a | 14 |
| defendant
charged with violating Section 16A-3 of the Criminal | 15 |
| Code of 1961 if said
defendant has within the last 5 years | 16 |
| been:
| 17 |
| (1) convicted for a violation of Section 16A-3 of the | 18 |
| Criminal Code of
1961; or
| 19 |
| (2) assigned supervision for a violation of Section | 20 |
| 16A-3 of the Criminal
Code of 1961.
| 21 |
| The court shall consider the statement of the prosecuting | 22 |
| authority with
regard to the standards set forth in this | 23 |
| Section.
| 24 |
| (f) The provisions of paragraph (c) shall not apply to a | 25 |
| defendant
charged with violating Sections 15-111, 15-112, | 26 |
| 15-301, paragraph (b)
of Section 6-104, Section 11-605, Section |
|
|
|
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LRB096 04410 AJO 14461 b |
|
| 1 |
| 11-1002.5, or Section 11-1414
of the Illinois Vehicle Code or a | 2 |
| similar provision of a local ordinance.
| 3 |
| (g) Except as otherwise provided in paragraph (i) of this | 4 |
| Section, the
provisions of paragraph (c) shall not apply to a
| 5 |
| defendant charged with violating Section
3-707, 3-708, 3-710, | 6 |
| or 5-401.3
of the Illinois Vehicle Code or a similar provision | 7 |
| of a local ordinance if the
defendant has within the last 5 | 8 |
| years been:
| 9 |
| (1) convicted for a violation of Section 3-707, 3-708, | 10 |
| 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | 11 |
| provision of a local
ordinance; or
| 12 |
| (2) assigned supervision for a violation of Section | 13 |
| 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle | 14 |
| Code or a similar provision of a local
ordinance.
| 15 |
| The court shall consider the statement of the prosecuting | 16 |
| authority with
regard to the standards set forth in this | 17 |
| Section.
| 18 |
| (h) The provisions of paragraph (c) shall not apply to a | 19 |
| defendant under
the age of 21 years charged with violating a | 20 |
| serious traffic offense as defined
in Section 1-187.001 of the | 21 |
| Illinois Vehicle Code:
| 22 |
| (1) unless the defendant, upon payment of the fines, | 23 |
| penalties, and costs
provided by law, agrees to attend and | 24 |
| successfully complete a traffic safety
program approved by | 25 |
| the court under standards set by the Conference of Chief
| 26 |
| Circuit Judges. The accused shall be responsible for |
|
|
|
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| 1 |
| payment of any traffic
safety program fees. If the accused | 2 |
| fails to file a certificate of
successful completion on or | 3 |
| before the termination date of the supervision
order, the | 4 |
| supervision shall be summarily revoked and conviction | 5 |
| entered. The
provisions of Supreme Court Rule 402 relating | 6 |
| to pleas of guilty do not apply
in cases when a defendant | 7 |
| enters a guilty plea under this provision; or
| 8 |
| (2) if the defendant has previously been sentenced | 9 |
| under the provisions of
paragraph (c) on or after January | 10 |
| 1, 1998 for any serious traffic offense as
defined in | 11 |
| Section 1-187.001 of the Illinois Vehicle Code.
| 12 |
| (h-1) The provisions of paragraph (c) shall not apply to a | 13 |
| defendant under the age of 21 years charged with an offense | 14 |
| against traffic regulations governing the movement of vehicles | 15 |
| or any violation of Section 6-107 or Section 12-603.1 of the | 16 |
| Illinois Vehicle Code, unless the defendant, upon payment of | 17 |
| the fines, penalties, and costs provided by law, agrees to | 18 |
| attend and successfully complete a traffic safety program | 19 |
| approved by the court under standards set by the Conference of | 20 |
| Chief Circuit Judges. The accused shall be responsible for | 21 |
| payment of any traffic safety program fees. If the accused | 22 |
| fails to file a certificate of successful completion on or | 23 |
| before the termination date of the supervision order, the | 24 |
| supervision shall be summarily revoked and conviction entered. | 25 |
| The provisions of Supreme Court Rule 402 relating to pleas of | 26 |
| guilty do not apply in cases when a defendant enters a guilty |
|
|
|
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| 1 |
| plea under this provision.
| 2 |
| (i) The provisions of paragraph (c) shall not apply to a | 3 |
| defendant charged
with violating Section 3-707 of the Illinois | 4 |
| Vehicle Code or a similar
provision of a local ordinance if the | 5 |
| defendant has been assigned supervision
for a violation of | 6 |
| Section 3-707 of the Illinois Vehicle Code or a similar
| 7 |
| provision of a local ordinance.
| 8 |
| (j) The provisions of paragraph (c) shall not apply to a
| 9 |
| defendant charged with violating
Section 6-303 of the Illinois | 10 |
| Vehicle Code or a similar provision of
a local ordinance when | 11 |
| the revocation or suspension was for a violation of
Section | 12 |
| 11-501 or a similar provision of a local ordinance or a | 13 |
| violation of
Section 11-501.1 or paragraph (b) of Section | 14 |
| 11-401 of the Illinois Vehicle
Code if the
defendant has within | 15 |
| the last 10 years been:
| 16 |
| (1) convicted for a violation of Section 6-303 of the | 17 |
| Illinois Vehicle
Code or a similar provision of a local | 18 |
| ordinance; or
| 19 |
| (2) assigned supervision for a violation of Section | 20 |
| 6-303 of the Illinois
Vehicle Code or a similar provision | 21 |
| of a local ordinance. | 22 |
| (k) The provisions of paragraph (c) shall not apply to a
| 23 |
| defendant charged with violating
any provision of the Illinois | 24 |
| Vehicle Code or a similar provision of a local ordinance that | 25 |
| governs the movement of vehicles if, within the 12 months | 26 |
| preceding the date of the defendant's arrest, the defendant has |
|
|
|
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| 1 |
| been assigned court supervision on 2 occasions for a violation | 2 |
| that governs the movement of vehicles under the Illinois | 3 |
| Vehicle Code or a similar provision of a local ordinance.
| 4 |
| (l) A defendant charged with violating any provision of the | 5 |
| Illinois Vehicle Code or a similar provision of a local | 6 |
| ordinance who, after a court appearance in the same matter, | 7 |
| receives a disposition of supervision under subsection (c) | 8 |
| shall pay an additional fee of $30 $20 , to be collected as | 9 |
| provided in Sections 27.5 and 27.6 of the Clerks of Courts Act. | 10 |
| In addition to the $30 $20 fee, the person shall also pay a fee | 11 |
| of $5, which, if not waived by the court, shall be collected as | 12 |
| provided in Sections 27.5 and 27.6 of the Clerks of Courts Act. | 13 |
| The $20 fee shall be disbursed as provided in Section 16-104c | 14 |
| of the Illinois Vehicle Code. If the $5 fee is collected, $4.50 | 15 |
| of the fee shall be deposited into the Circuit Court Clerk | 16 |
| Operation and Administrative Fund created by the Clerk of the | 17 |
| Circuit Court and 50 cents of the fee shall be deposited into | 18 |
| the Prisoner Review Board Vehicle and Equipment Fund in the | 19 |
| State treasury.
| 20 |
| (m) Any person convicted of or pleading guilty to a serious | 21 |
| traffic violation, as defined in Section 1-187.001 of the | 22 |
| Illinois Vehicle Code, shall pay an additional fee of $20, to | 23 |
| be disbursed as provided in Section 16-104d of that Code. | 24 |
| This subsection (m) becomes inoperative 7 years after | 25 |
| October 13, 2007 (the effective date of Public Act 95-154).
| 26 |
| (n)
The provisions of paragraph (c) shall not apply to any |
|
|
|
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LRB096 04410 AJO 14461 b |
|
| 1 |
| person under the age of 18 who commits an offense against | 2 |
| traffic regulations governing the movement of vehicles or any | 3 |
| violation of Section 6-107 or Section 12-603.1 of the Illinois | 4 |
| Vehicle Code, except upon personal appearance of the defendant | 5 |
| in court and upon the written consent of the defendant's parent | 6 |
| or legal guardian, executed before the presiding judge. The | 7 |
| presiding judge shall have the authority to waive this | 8 |
| requirement upon the showing of good cause by the defendant.
| 9 |
| (o)
The provisions of paragraph (c) shall not apply to a | 10 |
| defendant charged with violating Section 6-303 of the Illinois | 11 |
| Vehicle Code or a similar provision of a local ordinance when | 12 |
| the suspension was for a violation of Section 11-501.1 of the | 13 |
| Illinois Vehicle Code and when: | 14 |
| (1) at the time of the violation of Section 11-501.1 of | 15 |
| the Illinois Vehicle Code, the defendant was a first | 16 |
| offender pursuant to Section 11-500 of the Illinois Vehicle | 17 |
| Code and the defendant failed to obtain a monitoring device | 18 |
| driving permit; or | 19 |
| (2) at the time of the violation of Section 11-501.1 of | 20 |
| the Illinois Vehicle Code, the defendant was a first | 21 |
| offender pursuant to Section 11-500 of the Illinois Vehicle | 22 |
| Code, had subsequently obtained a monitoring device | 23 |
| driving permit, but was driving a vehicle not equipped with | 24 |
| a breath alcohol ignition interlock device as defined in | 25 |
| Section 1-129.1 of the Illinois Vehicle Code.
| 26 |
| (Source: P.A. 94-169, eff. 1-1-06; 94-330, eff. 1-1-06; 94-375, |
|
|
|
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LRB096 04410 AJO 14461 b |
|
| 1 |
| eff. 1-1-06; 94-1009, eff. 1-1-07; 95-154, eff. 10-13-07; | 2 |
| 95-302, eff. 1-1-08; 95-310, eff. 1-1-08; 95-377, eff. 1-1-08; | 3 |
| 95-400, eff. 1-1-09; 95-428, 8-24-07; 95-876, eff. 8-21-08; | 4 |
| revised 10-30-08.)
|
|