Full Text of HB1258 97th General Assembly
HB1258eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Clerks of Courts Act is amended by changing | 5 | | Section 27.6 as follows:
| 6 | | (705 ILCS 105/27.6)
| 7 | | (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625, | 8 | | 96-667, 96-1175, and 96-1342) | 9 | | 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, contributions to a | 16 | | local anti-crime program ordered pursuant to Section | 17 | | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | 18 | | Corrections, reimbursement for the costs of an emergency
| 19 | | response as provided under Section 11-501 of the Illinois | 20 | | Vehicle Code,
any fees collected for attending a traffic safety | 21 | | program under paragraph (c)
of Supreme Court Rule 529, any fee | 22 | | collected on behalf of a State's Attorney
under Section 4-2002 | 23 | | of the Counties Code or a sheriff under Section 4-5001
of the |
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| 1 | | Counties Code, or any cost imposed under Section 124A-5 of the | 2 | | Code of
Criminal Procedure of 1963, for convictions, orders of | 3 | | supervision, or any
other disposition for a violation of | 4 | | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | 5 | | similar provision of a local ordinance, and any
violation of | 6 | | the Child Passenger Protection Act, or a similar provision of a
| 7 | | local ordinance, and except as otherwise provided in this | 8 | | Section
shall be disbursed
within 60 days after receipt by the | 9 | | circuit
clerk as follows: 44.5% shall be disbursed to the | 10 | | entity authorized by law to
receive the fine imposed in the | 11 | | case; 16.825% shall be disbursed to the State
Treasurer; and | 12 | | 38.675% shall be disbursed to the county's general corporate
| 13 | | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | 14 | | shall be deposited
by the State Treasurer into the Violent | 15 | | Crime Victims Assistance Fund, 5.052/17
shall be deposited into | 16 | | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall | 17 | | be deposited into the Drivers Education Fund, and 6.948/17 | 18 | | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 | 19 | | deposited into the
Trauma Center Fund from the 16.825% | 20 | | disbursed to the State Treasurer, 50% shall
be disbursed to the | 21 | | Department of Public Health and 50% shall be disbursed to
the | 22 | | Department of Healthcare and Family Services. For fiscal year | 23 | | 1993, amounts deposited into
the Violent Crime Victims | 24 | | Assistance Fund, the Traffic and Criminal
Conviction Surcharge | 25 | | Fund, or the Drivers Education Fund shall not exceed 110%
of | 26 | | the amounts deposited into those funds in fiscal year 1991. Any
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| 1 | | amount that exceeds the 110% limit shall be distributed as | 2 | | follows: 50%
shall be disbursed to the county's general | 3 | | corporate fund and 50% shall be
disbursed to the entity | 4 | | authorized by law to receive the fine imposed in
the case. 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 Section during the preceding year based upon
| 8 | | independent verification of fines and fees. All counties shall | 9 | | be subject
to this Section, except that counties with a | 10 | | population under 2,000,000
may, by ordinance, elect not to be | 11 | | subject to this Section. For offenses
subject to this Section, | 12 | | judges shall impose one total sum of money payable
for | 13 | | violations. The circuit clerk may add on no additional amounts | 14 | | except
for amounts that are required by Sections 27.3a and | 15 | | 27.3c of
this Act, unless those amounts are specifically waived | 16 | | by the judge. With
respect to money collected by the circuit | 17 | | clerk as a result of
forfeiture of bail, ex parte judgment or | 18 | | guilty plea pursuant to Supreme
Court Rule 529, the circuit | 19 | | clerk shall first deduct and pay amounts
required by Sections | 20 | | 27.3a and 27.3c of this Act. This Section is a denial
and | 21 | | limitation of home rule powers and functions under subsection | 22 | | (h) of
Section 6 of Article VII of the Illinois Constitution.
| 23 | | (b) In addition to any other fines and court costs assessed | 24 | | by the courts,
any person convicted or receiving an order of | 25 | | supervision for driving under
the influence of alcohol or drugs | 26 | | shall pay an additional fee of $100 to the
clerk of the circuit |
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| 1 | | court. This amount, less 2 1/2% that shall be used to
defray | 2 | | administrative costs incurred by the clerk, shall be remitted | 3 | | by the
clerk to the Treasurer within 60 days after receipt for | 4 | | deposit into the Trauma
Center Fund. This additional fee of | 5 | | $100 shall not be considered a part of the
fine for purposes of | 6 | | any reduction in the fine for time served either before or
| 7 | | after sentencing. Not later than March 1 of each year the | 8 | | Circuit Clerk shall
submit a report of the amount of funds | 9 | | remitted to the State Treasurer under
this subsection during | 10 | | the preceding calendar year.
| 11 | | (b-1) In addition to any other fines and court costs | 12 | | assessed by the courts,
any person convicted or receiving an | 13 | | order of supervision for driving under the
influence of alcohol | 14 | | or drugs 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 | 16 | | 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.
| 25 | | (c) In addition to any other fines and court costs assessed | 26 | | by the courts,
any person convicted for a violation of Sections |
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| 1 | | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or a | 2 | | person sentenced for a violation of the Cannabis
Control Act, | 3 | | the Illinois Controlled Substances Act, or the Methamphetamine | 4 | | Control and Community Protection Act
shall pay an additional | 5 | | fee of $100 to the clerk
of the circuit court. This amount, | 6 | | less
2 1/2% that shall be used to defray administrative costs | 7 | | incurred by the clerk,
shall be remitted by the clerk to the | 8 | | Treasurer within 60 days after receipt
for deposit into the | 9 | | Trauma Center Fund. This additional fee of $100 shall not
be | 10 | | considered a part of the fine for purposes of any reduction in | 11 | | the fine for
time served either before or after sentencing. Not | 12 | | later than March 1 of each
year the Circuit Clerk shall submit | 13 | | a report of the amount of funds remitted to
the State Treasurer | 14 | | under this subsection during the preceding calendar year.
| 15 | | (c-1) In addition to any other fines and court costs | 16 | | assessed by the
courts, any person sentenced for a violation of | 17 | | the Cannabis Control Act,
the Illinois Controlled Substances | 18 | | Act, or the Methamphetamine Control and Community Protection | 19 | | Act shall pay an additional fee of $5 to the
clerk of the | 20 | | circuit court. This amount, less 2 1/2% that shall be used to
| 21 | | defray administrative costs incurred by the clerk, shall be | 22 | | remitted by the
clerk to the Treasurer within 60 days after | 23 | | receipt for deposit into the Spinal
Cord Injury Paralysis Cure | 24 | | Research Trust Fund. This additional fee of $5
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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| 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 | | (d) The following amounts must be remitted to the State | 5 | | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| 6 | | (1) 50% of the amounts collected for felony offenses | 7 | | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | 8 | | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | 9 | | Animals Act and Section 26-5 of the Criminal Code of
1961;
| 10 | | (2) 20% of the amounts collected for Class A and Class | 11 | | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | 12 | | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | 13 | | for Animals Act and Section 26-5 of the Criminal
Code of | 14 | | 1961; and
| 15 | | (3) 50% of the amounts collected for Class C | 16 | | misdemeanors under Sections
4.01 and 7.1 of the Humane Care | 17 | | for Animals Act and Section 26-5 of the
Criminal Code of | 18 | | 1961.
| 19 | | (e) Any person who receives a disposition of court | 20 | | supervision for a violation of the Illinois Vehicle Code or a | 21 | | similar provision of a local ordinance shall, in addition to | 22 | | any other fines, fees, and court costs, pay an additional fee | 23 | | of $29, to be disbursed as provided in Section 16-104c of the | 24 | | Illinois Vehicle Code. In addition to the fee of $29, the | 25 | | person shall also pay a fee of $6, if not waived by the court. | 26 | | If this $6 fee is collected, $5.50 of the fee shall be |
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| 1 | | deposited into the Circuit Court Clerk Operation and | 2 | | Administrative Fund created by the Clerk of the Circuit Court | 3 | | and 50 cents of the fee shall be deposited into the Prisoner | 4 | | Review Board Vehicle and Equipment Fund in the State treasury.
| 5 | | (f) This Section does not apply to the additional child | 6 | | pornography fines assessed and collected under Section | 7 | | 5-9-1.14 of the Unified Code of Corrections.
| 8 | | (g) (Blank). | 9 | | (h) (Blank). | 10 | | (i)
Of the amounts collected as fines under subsection (b) | 11 | | of Section 3-712 of the Illinois Vehicle Code, 99% shall be | 12 | | deposited into the Illinois Military Family Relief Fund and 1% | 13 | | shall be deposited into the Circuit Court Clerk Operation and | 14 | | Administrative Fund created by the Clerk of the Circuit Court | 15 | | to be used to offset the costs incurred by the Circuit Court | 16 | | Clerk in performing the additional duties required to collect | 17 | | and disburse funds to entities of State and local government as | 18 | | provided by law.
| 19 | | (j) Any person convicted of, pleading guilty to, or placed | 20 | | on supervision for a serious traffic violation, as defined in | 21 | | Section 1-187.001 of the Illinois Vehicle Code, a violation of | 22 | | Section 11-501 of the Illinois Vehicle Code, or a violation of | 23 | | a similar provision of a local ordinance shall pay an | 24 | | additional fee of $35, to be disbursed as provided in Section | 25 | | 16-104d of that Code. | 26 | | This subsection (j) (h) becomes inoperative 7 years after |
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| 1 | | the effective date of Public Act 95-154. | 2 | | (k) For any conviction or disposition of court supervision | 3 | | for a violation of Section 11-1429 of the Illinois Vehicle | 4 | | Code, the circuit clerk shall distribute the fines paid by the | 5 | | person as specified by subsection (h) of Section 11-1429 of the | 6 | | Illinois Vehicle Code. | 7 | | (l) Any person who receives a disposition of court | 8 | | supervision for a violation of Section 11-501 of the Illinois | 9 | | Vehicle Code or a similar provision of a local ordinance shall, | 10 | | in addition to any other fines, fees, and court costs, pay an | 11 | | additional fee of $50, which shall
be collected by the circuit | 12 | | clerk and then remitted to the State Treasurer for deposit into | 13 | | the Roadside Memorial Fund, a special fund in the State | 14 | | treasury. However, the court may waive the fee if full | 15 | | restitution is complied with. Subject to appropriation, all | 16 | | moneys in the Roadside Memorial Fund shall be used by the | 17 | | Department of Transportation to pay fees imposed under | 18 | | subsection (f) of Section 20 of the Roadside Memorial Act. The | 19 | | fee shall be remitted by the circuit clerk within one month | 20 | | after receipt to the State Treasurer for deposit into the | 21 | | Roadside Memorial Fund. | 22 | | (m) Of the amounts collected as fines under subsection (c) | 23 | | of Section 10.4 of the Cannabis Control Act, subsection (c) of | 24 | | Section 411.4 of the Illinois Controlled Substances Act, or | 25 | | subsection (c) of Section 90 of the Methamphetamine Control and | 26 | | Community Protection Act, 99% shall be deposited to the law |
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| 1 | | enforcement agency or fund specified and 1% shall be deposited | 2 | | into the Circuit Court Clerk Operation and Administrative Fund | 3 | | to be used to offset the costs incurred by the Circuit Court | 4 | | Clerk in performing the additional duties required to collect | 5 | | and disburse funds to entities of State and local government as | 6 | | provided by law. | 7 | | (Source: P.A. 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428, | 8 | | eff. 8-24-07; 95-600, eff. 6-1-08; 95-876, eff. 8-21-08; | 9 | | 96-286, eff. 8-11-09; 96-576, eff. 8-18-09; 96-578, eff. | 10 | | 8-18-09; 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-1175, | 11 | | eff. 9-20-10; 96-1342, eff. 1-1-11; revised 9-16-10.) | 12 | | (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667, | 13 | | 96-735, 96-1175, and 96-1342) | 14 | | Sec. 27.6. (a) All fees, fines, costs, additional | 15 | | penalties, bail balances
assessed or forfeited, and any other | 16 | | amount paid by a person to the circuit
clerk equalling an | 17 | | amount of $55 or more, except the fine imposed by Section | 18 | | 5-9-1.15
of the Unified Code of Corrections, the additional fee | 19 | | required
by subsections (b) and (c), restitution under Section | 20 | | 5-5-6 of the
Unified Code of Corrections, contributions to a | 21 | | local anti-crime program ordered pursuant to Section | 22 | | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | 23 | | Corrections, reimbursement for the costs of an emergency
| 24 | | response as provided under Section 11-501 of the Illinois | 25 | | Vehicle Code,
any fees collected for attending a traffic safety |
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| 1 | | program under paragraph (c)
of Supreme Court Rule 529, any fee | 2 | | collected on behalf of a State's Attorney
under Section 4-2002 | 3 | | of the Counties Code or a sheriff under Section 4-5001
of the | 4 | | Counties Code, or any cost imposed under Section 124A-5 of the | 5 | | Code of
Criminal Procedure of 1963, for convictions, orders of | 6 | | supervision, or any
other disposition for a violation of | 7 | | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | 8 | | similar provision of a local ordinance, and any
violation of | 9 | | the Child Passenger Protection Act, or a similar provision of a
| 10 | | local ordinance, and except as otherwise provided in this | 11 | | Section
shall be disbursed
within 60 days after receipt by the | 12 | | circuit
clerk as follows: 44.5% shall be disbursed to the | 13 | | entity authorized by law to
receive the fine imposed in the | 14 | | case; 16.825% shall be disbursed to the State
Treasurer; and | 15 | | 38.675% shall be disbursed to the county's general corporate
| 16 | | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | 17 | | shall be deposited
by the State Treasurer into the Violent | 18 | | Crime Victims Assistance Fund, 5.052/17
shall be deposited into | 19 | | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall | 20 | | be deposited into the Drivers Education Fund, and 6.948/17 | 21 | | shall be
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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| 1 | | 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, Section 16-104c of the Illinois Vehicle | 19 | | Code, and subsection (a) of Section 5-1101 of the Counties | 20 | | Code, unless those amounts are specifically waived by the | 21 | | judge. With
respect to money collected by the circuit clerk as | 22 | | a result of
forfeiture of bail, ex parte judgment or guilty | 23 | | plea pursuant to Supreme
Court Rule 529, the circuit clerk | 24 | | shall first deduct and pay amounts
required by Sections 27.3a | 25 | | and 27.3c of this Act. Unless a court ordered payment schedule | 26 | | is implemented or fee requirements are waived pursuant to court |
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| 1 | | order, the clerk of the court may add to any unpaid fees and | 2 | | costs a delinquency amount equal to 5% of the unpaid fees that | 3 | | remain unpaid after 30 days, 10% of the unpaid fees that remain | 4 | | unpaid after 60 days, and 15% of the unpaid fees that remain | 5 | | unpaid after 90 days. Notice to those parties may be made by | 6 | | signage posting or publication. The additional delinquency | 7 | | amounts collected under this Section shall be deposited in the | 8 | | Circuit Court Clerk Operation and Administrative Fund to be | 9 | | used to defray administrative costs incurred by the circuit | 10 | | clerk in performing the duties required to collect and disburse | 11 | | funds. This Section is a denial
and limitation of home rule | 12 | | powers and functions under subsection (h) of
Section 6 of | 13 | | Article VII of the Illinois Constitution.
| 14 | | (b) In addition to any other fines and court costs assessed | 15 | | by the courts,
any person convicted or receiving an order of | 16 | | supervision for driving under
the influence of alcohol or drugs | 17 | | shall pay an additional fee of $100 to the
clerk of the circuit | 18 | | court. This amount, less 2 1/2% that shall be used to
defray | 19 | | administrative costs incurred by the clerk, shall be remitted | 20 | | by the
clerk to the Treasurer within 60 days after receipt for | 21 | | deposit into the Trauma
Center Fund. This additional fee of | 22 | | $100 shall not be considered a part of the
fine for purposes of | 23 | | any reduction in the fine for time served either before or
| 24 | | after sentencing. Not later than March 1 of each year the | 25 | | Circuit Clerk shall
submit a report of the amount of funds | 26 | | remitted to the State Treasurer under
this subsection during |
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| 1 | | the preceding calendar year.
| 2 | | (b-1) In addition to any other fines and court costs | 3 | | assessed by the courts,
any person convicted or receiving an | 4 | | order of supervision for driving under the
influence of alcohol | 5 | | or drugs shall pay an additional fee of $5 to the clerk
of the | 6 | | circuit court. This amount, less
2 1/2% that shall be used to | 7 | | defray administrative costs incurred by the clerk,
shall be | 8 | | remitted by the clerk to the Treasurer within 60 days after | 9 | | receipt
for deposit into the Spinal Cord Injury Paralysis Cure | 10 | | Research Trust Fund.
This additional fee of $5 shall not
be | 11 | | considered a part of the fine for purposes of any reduction in | 12 | | the fine for
time served either before or after sentencing. Not | 13 | | later than March 1 of each
year the Circuit Clerk shall submit | 14 | | a report of the amount of funds remitted to
the State Treasurer | 15 | | under this subsection during the preceding calendar
year.
| 16 | | (c) In addition to any other fines and court costs assessed | 17 | | by the courts,
any person convicted for a violation of Sections | 18 | | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or a | 19 | | person sentenced for a violation of the Cannabis
Control Act, | 20 | | the Illinois Controlled Substances Act, or the Methamphetamine | 21 | | Control and Community Protection Act
shall pay an additional | 22 | | fee of $100 to the clerk
of the circuit court. This amount, | 23 | | less
2 1/2% that shall be used to defray administrative costs | 24 | | incurred by the clerk,
shall be remitted by the clerk to the | 25 | | Treasurer within 60 days after receipt
for deposit into the | 26 | | Trauma Center Fund. This additional fee of $100 shall not
be |
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| 1 | | considered a part of the fine for purposes of any reduction in | 2 | | the fine for
time served either before or after sentencing. Not | 3 | | later than March 1 of each
year the Circuit Clerk shall submit | 4 | | a report of the amount of funds remitted to
the State Treasurer | 5 | | under this subsection during the preceding calendar year.
| 6 | | (c-1) In addition to any other fines and court costs | 7 | | assessed by the
courts, any person sentenced for a violation of | 8 | | the Cannabis Control Act,
the Illinois Controlled Substances | 9 | | Act, or the Methamphetamine Control and Community Protection | 10 | | Act shall pay an additional fee of $5 to the
clerk of the | 11 | | circuit court. This amount, less 2 1/2% that shall be used to
| 12 | | defray administrative costs incurred by the clerk, shall be | 13 | | remitted by the
clerk to the Treasurer within 60 days after | 14 | | receipt for deposit into the Spinal
Cord Injury Paralysis Cure | 15 | | Research Trust Fund. This additional fee of $5
shall not be | 16 | | considered a part of the fine for purposes of any reduction in | 17 | | the
fine for time served either before or after sentencing. Not | 18 | | later than March 1
of each year the Circuit Clerk shall submit | 19 | | a report of the amount of funds
remitted to the State Treasurer | 20 | | under this subsection during the preceding
calendar year.
| 21 | | (d) The following amounts must be remitted to the State | 22 | | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| 23 | | (1) 50% of the amounts collected for felony offenses | 24 | | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | 25 | | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | 26 | | Animals Act and Section 26-5 of the Criminal Code of
1961;
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| 1 | | (2) 20% of the amounts collected for Class A and Class | 2 | | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | 3 | | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | 4 | | for Animals Act and Section 26-5 of the Criminal
Code of | 5 | | 1961; and
| 6 | | (3) 50% of the amounts collected for Class C | 7 | | misdemeanors under Sections
4.01 and 7.1 of the Humane Care | 8 | | for Animals Act and Section 26-5 of the
Criminal Code of | 9 | | 1961.
| 10 | | (e) Any person who receives a disposition of court | 11 | | supervision for a violation of the Illinois Vehicle Code or a | 12 | | similar provision of a local ordinance shall, in addition to | 13 | | any other fines, fees, and court costs, pay an additional fee | 14 | | of $29, to be disbursed as provided in Section 16-104c of the | 15 | | Illinois Vehicle Code. In addition to the fee of $29, the | 16 | | person shall also pay a fee of $6, if not waived by the court. | 17 | | If this $6 fee is collected, $5.50 of the fee shall be | 18 | | deposited into the Circuit Court Clerk Operation and | 19 | | Administrative Fund created by the Clerk of the Circuit Court | 20 | | and 50 cents of the fee shall be deposited into the Prisoner | 21 | | Review Board Vehicle and Equipment Fund in the State treasury.
| 22 | | (f) This Section does not apply to the additional child | 23 | | pornography fines assessed and collected under Section | 24 | | 5-9-1.14 of the Unified Code of Corrections.
| 25 | | (g) Any person convicted of or pleading guilty to a serious | 26 | | traffic violation, as defined in Section 1-187.001 of the |
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| 1 | | Illinois Vehicle Code, shall pay an additional fee of $35, to | 2 | | be disbursed as provided in Section 16-104d of that Code. This | 3 | | subsection (g) becomes inoperative 7 years after the effective | 4 | | date of Public Act 95-154. | 5 | | (h) In all counties having a population of 3,000,000 or | 6 | | more inhabitants, | 7 | | (1) A person who is found guilty of or pleads guilty to | 8 | | violating subsection (a) of Section 11-501 of the Illinois | 9 | | Vehicle Code, including any person placed on court | 10 | | supervision for violating subsection (a), shall be fined | 11 | | $750 as provided for by subsection (f) of Section 11-501.01 | 12 | | of the Illinois Vehicle Code, payable to the circuit clerk, | 13 | | who shall distribute the money pursuant to subsection (f) | 14 | | of Section 11-501.01 of the Illinois Vehicle Code. | 15 | | (2) When a crime laboratory DUI analysis fee of $150, | 16 | | provided for by Section 5-9-1.9 of the Unified Code of | 17 | | Corrections is assessed, it shall be disbursed by the | 18 | | circuit clerk as provided by subsection (f) of Section | 19 | | 5-9-1.9 of the Unified Code of Corrections. | 20 | | (3) When a fine for a violation of Section 11-605.1 of | 21 | | the Illinois Vehicle Code is $250 or greater, the person | 22 | | who violated that Section shall be charged an additional | 23 | | $125 as provided for by subsection (e) of Section 11-605.1 | 24 | | of the Illinois Vehicle Code, which shall be disbursed by | 25 | | the circuit clerk to a State or county Transportation | 26 | | Safety Highway Hire-back Fund as provided by subsection (e) |
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| 1 | | of Section 11-605.1 of the Illinois Vehicle Code. | 2 | | (4) When a fine for a violation of subsection (a) of | 3 | | Section 11-605 of the Illinois Vehicle Code is $150 or | 4 | | greater, the additional $50 which is charged as provided | 5 | | for by subsection (f) of Section 11-605 of the Illinois | 6 | | Vehicle Code shall be disbursed by the circuit clerk to a | 7 | | school district or districts for school safety purposes as | 8 | | provided by subsection (f) of Section 11-605. | 9 | | (5) When a fine for a violation of subsection (a) of | 10 | | Section 11-1002.5 of the Illinois Vehicle Code is $150 or | 11 | | greater, the additional $50 which is charged as provided | 12 | | for by subsection (c) of Section 11-1002.5 of the Illinois | 13 | | Vehicle Code shall be disbursed by the circuit clerk to a | 14 | | school district or districts for school safety purposes as | 15 | | provided by subsection (c) of Section 11-1002.5 of the | 16 | | Illinois Vehicle Code. | 17 | | (6) When a mandatory drug court fee of up to $5 is | 18 | | assessed as provided in subsection (f) of Section 5-1101 of | 19 | | the Counties Code, it shall be disbursed by the circuit | 20 | | clerk as provided in subsection (f) of Section 5-1101 of | 21 | | the Counties Code. | 22 | | (7) When a mandatory teen court, peer jury, youth | 23 | | court, or other youth diversion program fee is assessed as | 24 | | provided in subsection (e) of Section 5-1101 of the | 25 | | Counties Code, it shall be disbursed by the circuit clerk | 26 | | as provided in subsection (e) of Section 5-1101 of the |
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| 1 | | Counties Code. | 2 | | (8) When a Children's Advocacy Center fee is assessed | 3 | | pursuant to subsection (f-5) of Section 5-1101 of the | 4 | | Counties Code, it shall be disbursed by the circuit clerk | 5 | | as provided in subsection (f-5) of Section 5-1101 of the | 6 | | Counties Code. | 7 | | (9) When a victim impact panel fee is assessed pursuant | 8 | | to subsection (b) of Section 11-501.01 of the Vehicle Code, | 9 | | it shall be disbursed by the circuit clerk to the victim | 10 | | impact panel to be attended by the defendant. | 11 | | (10) When a new fee collected in traffic cases is | 12 | | enacted after the effective date of this subsection (h), it | 13 | | shall be excluded from the percentage disbursement | 14 | | provisions of this Section unless otherwise indicated by | 15 | | law. | 16 | | (i)
Of the amounts collected as fines under subsection (b) | 17 | | of Section 3-712 of the Illinois Vehicle Code, 99% shall be | 18 | | deposited into the Illinois Military Family Relief Fund and 1% | 19 | | shall be deposited into the Circuit Court Clerk Operation and | 20 | | Administrative Fund created by the Clerk of the Circuit Court | 21 | | to be used to offset the costs incurred by the Circuit Court | 22 | | Clerk in performing the additional duties required to collect | 23 | | and disburse funds to entities of State and local government as | 24 | | provided by law.
| 25 | | (j) (Blank). | 26 | | (k) For any conviction or disposition of court supervision |
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| 1 | | for a violation of Section 11-1429 of the Illinois Vehicle | 2 | | Code, the circuit clerk shall distribute the fines paid by the | 3 | | person as specified by subsection (h) of Section 11-1429 of the | 4 | | Illinois Vehicle Code. | 5 | | (l) Any person who receives a disposition of court | 6 | | supervision for a violation of Section 11-501 of the Illinois | 7 | | Vehicle Code or a similar provision of a local ordinance shall, | 8 | | in addition to any other fines, fees, and court costs, pay an | 9 | | additional fee of $50, which shall
be collected by the circuit | 10 | | clerk and then remitted to the State Treasurer for deposit into | 11 | | the Roadside Memorial Fund, a special fund in the State | 12 | | treasury. However, the court may waive the fee if full | 13 | | restitution is complied with. Subject to appropriation, all | 14 | | moneys in the Roadside Memorial Fund shall be used by the | 15 | | Department of Transportation to pay fees imposed under | 16 | | subsection (f) of Section 20 of the Roadside Memorial Act. The | 17 | | fee shall be remitted by the circuit clerk within one month | 18 | | after receipt to the State Treasurer for deposit into the | 19 | | Roadside Memorial Fund. | 20 | | (m) Of the amounts collected as fines under subsection (c) | 21 | | of Section 10.4 of the Cannabis Control Act, subsection (c) of | 22 | | Section 411.4 of the Illinois Controlled Substances Act, or | 23 | | subsection (c) of Section 90 of the Methamphetamine Control and | 24 | | Community Protection Act, 99% shall be deposited to the law | 25 | | enforcement agency or fund specified and 1% shall be deposited | 26 | | into the Circuit Court Clerk Operation and Administrative Fund |
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| 1 | | to be used to offset the costs incurred by the Circuit Court | 2 | | Clerk in performing the additional duties required to collect | 3 | | and disburse funds to entities of State and local government as | 4 | | provided by law. | 5 | | (Source: P.A. 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428, | 6 | | eff. 8-24-07; 95-600, eff. 6-1-08; 95-876, eff. 8-21-08; | 7 | | 96-576, eff. 8-18-09; 96-578, eff. 8-18-09; 96-625, eff. | 8 | | 1-1-10; 96-667, eff. 8-25-09; 96-735, eff. 1-1-10; 96-1175, | 9 | | eff. 9-20-10; 96-1342, eff. 1-1-11; revised 9-16-10.) | 10 | | Section 10. The Cannabis Control Act is amended by adding | 11 | | Section 10.4 as follows: | 12 | | (720 ILCS 550/10.4 new) | 13 | | Sec. 10.4. Reimbursement of unit of government for
| 14 | | emergency response. | 15 | | (a) As used in this Section, "emergency response" means any
| 16 | | incident involving the illegal manufacture or delivery of
| 17 | | cannabis requiring a response by a police officer, a
| 18 | | firefighter carried on the rolls of a regularly constituted
| 19 | | fire department, or an ambulance. | 20 | | (b) Every person found guilty of violating Section 5, 5.1,
| 21 | | 5.2, or 9 of this Act, including any person placed on court
| 22 | | supervision for violating subsection (a) or (b) of Section 5 of
| 23 | | this Act, whose violation proximately caused any incident
| 24 | | resulting in an appropriate emergency response shall be liable
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| 1 | | for the expense of an emergency response. | 2 | | (c) In addition to any other penalties and liabilities, a
| 3 | | person who is found guilty of or pleads guilty to violating
| 4 | | Section 5, 5.1, 5.2, or 9 of this Act, including any person
| 5 | | placed on court supervision for violating subsection (a) or (b)
| 6 | | of Section 5 of this Act, shall be assessed $750, payable to
| 7 | | the circuit clerk, who shall distribute the money
to the law | 8 | | enforcement agency that made the arrest.
If the person has been | 9 | | previously
convicted of violating Section 5, 5.1, 5.2, or 9 of
| 10 | | this Act, the fine shall be $1,000, and the circuit clerk shall
| 11 | | distribute the money to the law enforcement agency that made | 12 | | the
arrest.
In the event that more than one agency is
| 13 | | responsible for the arrest, the amount payable to law
| 14 | | enforcement agencies shall be shared equally. Any moneys
| 15 | | received by a law enforcement agency under this Section shall
| 16 | | be used for law enforcement expenses. | 17 | | Any moneys collected for the Illinois State Police shall be | 18 | | deposited into the Traffic and Criminal conviction Surcharge | 19 | | Fund. | 20 | | Section 15. The Illinois Controlled Substances Act is | 21 | | amended by adding Section 411.4 as follows: | 22 | | (720 ILCS 570/411.4 new) | 23 | | Sec. 411.4. Reimbursement of unit of government for
| 24 | | emergency response. |
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| 1 | | (a) As used in this Section, "emergency response" means any
| 2 | | incident involving the illegal manufacture or delivery of a
| 3 | | controlled substance requiring a response by a police officer,
| 4 | | a firefighter carried on the rolls of a regularly constituted
| 5 | | fire department, or an ambulance. | 6 | | (b) Every person found guilty of violating Section 401,
| 7 | | 407, or 407.2 of this Act whose violation proximately caused
| 8 | | any incident resulting in an appropriate emergency response
| 9 | | shall be liable for the expense of an emergency response. | 10 | | (c) In addition to any other penalties and liabilities, a
| 11 | | person who is found guilty of or pleads guilty to violating
| 12 | | Section 401, 407, or 407.2 of this Act shall be assessed $750,
| 13 | | payable to the circuit clerk, who shall distribute the money
to | 14 | | the law enforcement agency that made the
arrest. If the person | 15 | | has been
previously convicted of violating Section 401, 407, or
| 16 | | 407.2 of this Act, the fine shall be $1,000, and the circuit
| 17 | | clerk shall distribute the money to the law enforcement agency | 18 | | that
made the arrest. In the event that more than one
agency is | 19 | | responsible for the arrest, the amount payable to law
| 20 | | enforcement agencies shall be shared equally. Any moneys
| 21 | | received by a law enforcement agency under this Section shall
| 22 | | be used for law enforcement expenses. | 23 | | Any moneys collected for the Illinois State Police shall be | 24 | | deposited into the Traffic and
Criminal Conviction Surcharge | 25 | | Fund. |
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| 1 | | Section 20. The Methamphetamine Control and Community | 2 | | Protection Act is amended by changing Sections 10 and 90 as | 3 | | follows: | 4 | | (720 ILCS 646/10)
| 5 | | Sec. 10. Definitions. As used in this Act: | 6 | | "Anhydrous ammonia" has the meaning provided in subsection | 7 | | (d) of Section 3 of the Illinois Fertilizer Act of 1961.
| 8 | | "Anhydrous ammonia equipment" means all items used to | 9 | | store, hold, contain, handle, transfer, transport, or apply | 10 | | anhydrous ammonia for lawful purposes.
| 11 | | "Booby trap" means any device designed to cause physical | 12 | | injury when triggered by an act of a person approaching, | 13 | | entering, or moving through a structure, a vehicle, or any | 14 | | location where methamphetamine has been manufactured, is being | 15 | | manufactured, or is intended to be manufactured.
| 16 | | "Deliver" or "delivery" has the meaning provided in | 17 | | subsection (h) of Section 102 of the Illinois Controlled | 18 | | Substances Act.
| 19 | | "Director" means the Director of State Police or the | 20 | | Director's designated agents.
| 21 | | "Dispose" or "disposal" means to abandon, discharge, | 22 | | release, deposit, inject, dump, spill, leak, or place | 23 | | methamphetamine waste onto or into any land, water, or well of | 24 | | any type so that the waste has the potential to enter the | 25 | | environment, be emitted into the air, or be discharged into the |
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| 1 | | soil or any waters, including groundwater.
| 2 | | "Emergency response" means the act of collecting evidence, | 3 | | securing a methamphetamine laboratory site, methamphetamine | 4 | | waste site or other methamphetamine-related site requiring | 5 | | cleanup by clandestine laboratory certified personnel and | 6 | | cleaning up the site , whether these actions are performed by | 7 | | public entities or private contractors paid by public entities.
| 8 | | "Emergency response" also means any incident involving the
| 9 | | illegal manufacture or delivery of methamphetamine requiring a
| 10 | | response by a police officer, a firefighter carried on the
| 11 | | rolls of a regularly constituted fire department, or an
| 12 | | ambulance. | 13 | | "Emergency service provider" means a local, State, or | 14 | | federal peace officer, firefighter, emergency medical | 15 | | technician-ambulance, emergency
medical | 16 | | technician-intermediate, emergency medical | 17 | | technician-paramedic, ambulance driver, or other medical or | 18 | | first aid personnel rendering aid, or any agent or designee of | 19 | | the foregoing.
| 20 | | "Finished methamphetamine" means methamphetamine in a form | 21 | | commonly used for personal consumption. | 22 | | "Firearm" has the meaning provided in Section 1.1 of the | 23 | | Firearm Owners Identification Card Act.
| 24 | | "Manufacture" means to produce, prepare, compound, | 25 | | convert, process, synthesize, concentrate, purify, separate, | 26 | | extract, or package any methamphetamine, methamphetamine |
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| 1 | | precursor, methamphetamine manufacturing catalyst, | 2 | | methamphetamine manufacturing reagent, methamphetamine | 3 | | manufacturing solvent, or any substance containing any of the | 4 | | foregoing.
| 5 | | "Methamphetamine" means the chemical methamphetamine (a | 6 | | Schedule II controlled substance under the Illinois Controlled | 7 | | Substances Act) or any salt, optical isomer, salt of optical | 8 | | isomer, or analog thereof, with the exception of | 9 | | 3,4-Methylenedioxymethamphetamine (MDMA) or any other | 10 | | scheduled substance with a separate listing under the Illinois | 11 | | Controlled Substances Act. | 12 | | "Methamphetamine manufacturing catalyst" means any | 13 | | substance that has been used, is being used, or is intended to | 14 | | be used to activate, accelerate, extend, or improve a chemical | 15 | | reaction involved in the manufacture of methamphetamine.
| 16 | | "Methamphetamine manufacturing environment" means a | 17 | | structure or vehicle in which:
| 18 | | (1) methamphetamine is being or has been manufactured;
| 19 | | (2) chemicals that are being used, have been used, or | 20 | | are intended to be used to manufacture methamphetamine are | 21 | | stored;
| 22 | | (3) methamphetamine manufacturing materials that have | 23 | | been used to manufacture methamphetamine are stored; or
| 24 | | (4) methamphetamine manufacturing waste is stored.
| 25 | | "Methamphetamine manufacturing material" means any | 26 | | methamphetamine precursor, substance containing any |
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| 1 | | methamphetamine precursor, methamphetamine manufacturing | 2 | | catalyst, substance containing any methamphetamine | 3 | | manufacturing catalyst, methamphetamine manufacturing reagent, | 4 | | substance containing any methamphetamine manufacturing | 5 | | reagent, methamphetamine manufacturing solvent, substance | 6 | | containing any methamphetamine manufacturing solvent, or any | 7 | | other chemical, substance, ingredient, equipment, apparatus, | 8 | | or item that is being used, has been used, or is intended to be | 9 | | used in the manufacture of methamphetamine.
| 10 | | "Methamphetamine manufacturing reagent" means any | 11 | | substance other than a methamphetamine manufacturing catalyst | 12 | | that has been used, is being used, or is intended to be used to | 13 | | react with and chemically alter any methamphetamine precursor. | 14 | | "Methamphetamine manufacturing solvent" means any | 15 | | substance that has been used, is being used, or is intended to | 16 | | be used as a medium in which any methamphetamine precursor, | 17 | | methamphetamine manufacturing catalyst, methamphetamine | 18 | | manufacturing reagent, or any substance containing any of the | 19 | | foregoing is dissolved, diluted, or washed during any part of | 20 | | the methamphetamine manufacturing process.
| 21 | | "Methamphetamine manufacturing waste" means any chemical, | 22 | | substance, ingredient, equipment, apparatus, or item that is | 23 | | left over from, results from, or is produced by the process of | 24 | | manufacturing methamphetamine, other than finished | 25 | | methamphetamine.
| 26 | | "Methamphetamine precursor" means ephedrine, |
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| 1 | | pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone, | 2 | | phenylacetone, phenyl-2-propanone, P2P, or any salt, optical | 3 | | isomer, or salt of an optical isomer of any of these chemicals.
| 4 | | "Multi-unit dwelling" means a unified structure used or | 5 | | intended for use as a habitation, home, or residence that | 6 | | contains 2 or more condominiums, apartments, hotel rooms, motel | 7 | | rooms, or other living units.
| 8 | | "Package" means an item marked for retail sale that is not | 9 | | designed to be further broken down or subdivided for the | 10 | | purpose of retail sale.
| 11 | | "Participate" or "participation" in the manufacture of | 12 | | methamphetamine means to produce, prepare, compound, convert, | 13 | | process, synthesize, concentrate, purify, separate, extract, | 14 | | or package any methamphetamine, methamphetamine precursor, | 15 | | methamphetamine manufacturing catalyst, methamphetamine | 16 | | manufacturing reagent, methamphetamine manufacturing solvent, | 17 | | or any substance containing any of the foregoing, or to assist | 18 | | in any of these actions, or to attempt to take any of these | 19 | | actions, regardless of whether this action or these actions | 20 | | result in the production of finished methamphetamine.
| 21 | | "Person with a disability" means a person who suffers from | 22 | | a permanent physical or mental impairment resulting from | 23 | | disease, injury, functional disorder, or congenital condition | 24 | | which renders the person incapable of adequately providing for | 25 | | his or her own health and personal care.
| 26 | | "Procure" means to purchase, steal, gather, or otherwise |
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| 1 | | obtain, by legal or illegal means, or to cause another to take | 2 | | such action.
| 3 | | "Second or subsequent offense" means an offense under this | 4 | | Act committed by an offender who previously committed an | 5 | | offense under this Act, the Illinois Controlled Substances Act, | 6 | | the Cannabis Control Act, or another Act of this State, another | 7 | | state, or the United States relating to methamphetamine, | 8 | | cannabis, or any other controlled substance.
| 9 | | "Standard dosage form", as used in relation to any | 10 | | methamphetamine precursor, means that the methamphetamine | 11 | | precursor is contained in a pill, tablet, capsule, caplet, gel | 12 | | cap, or liquid cap that has been manufactured by a lawful | 13 | | entity and contains a standard quantity of methamphetamine | 14 | | precursor.
| 15 | | "Unauthorized container", as used in relation to anhydrous | 16 | | ammonia, means any container that is not designed for the | 17 | | specific and sole purpose of holding, storing, transporting, or | 18 | | applying anhydrous ammonia. "Unauthorized container" includes, | 19 | | but is not limited to, any propane tank, fire extinguisher, | 20 | | oxygen cylinder, gasoline can, food or beverage cooler, or | 21 | | compressed gas cylinder used in dispensing fountain drinks. | 22 | | "Unauthorized container" does not encompass anhydrous ammonia | 23 | | manufacturing plants, refrigeration systems
where anhydrous | 24 | | ammonia is used solely as a refrigerant, anhydrous ammonia | 25 | | transportation pipelines, anhydrous ammonia tankers, or | 26 | | anhydrous ammonia barges.
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| 1 | | (Source: P.A. 94-556, eff. 9-11-05.) | 2 | | (720 ILCS 646/90)
| 3 | | Sec. 90. Methamphetamine restitution. | 4 | | (a) If a person commits a violation of this Act in a manner | 5 | | that requires an emergency response, the person shall be | 6 | | required to make restitution to all public entities involved in | 7 | | the emergency response, to cover the reasonable cost of their
| 8 | | participation in the emergency response, including but not | 9 | | limited to regular and overtime costs incurred by local law | 10 | | enforcement agencies and private contractors paid by the public | 11 | | agencies in securing the site. The convicted person shall make | 12 | | this restitution in addition to any other fine or penalty | 13 | | required by law.
| 14 | | (b) Any restitution payments made under this Section shall | 15 | | be disbursed equitably by the circuit clerk in the following | 16 | | order: | 17 | | (1) first, to the agency responsible for the mitigation | 18 | | of the incident local agencies involved in the emergency | 19 | | response ; | 20 | | (2) second, to the local agencies involved in the
| 21 | | emergency response; State agencies involved in the | 22 | | emergency response; and | 23 | | (3) third, to the State agencies involved in the
| 24 | | emergency response; and federal agencies involved in the | 25 | | emergency response.
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| 1 | | (4) fourth, to the federal agencies involved in the
| 2 | | emergency response. | 3 | | (c) In addition to any other penalties and liabilities, a
| 4 | | person who is found guilty of or pleads guilty to violating any
| 5 | | Section of this Act shall be assessed $2,500, payable to
the | 6 | | circuit clerk, who shall distribute the money
to the law | 7 | | enforcement agency responsible for the mitigation of the | 8 | | incident.
If the person has been previously
convicted of | 9 | | violating any Section of this Act,
the fine shall be $5,000 and | 10 | | the circuit clerk shall
distribute to the law enforcement | 11 | | agency
responsible for the mitigation of the incident.
In the | 12 | | event that more than one agency is
responsible for an arrest | 13 | | which does not require mitigation, the amount payable to law
| 14 | | enforcement agencies shall be shared equally. Any moneys
| 15 | | received by a law enforcement agency under this Section shall
| 16 | | be used for law enforcement expenses. | 17 | | Any moneys collected for the Illinois State Police shall be | 18 | | deposited into the Traffic and
Criminal Conviction Surcharge | 19 | | Fund. | 20 | | (Source: P.A. 94-556, eff. 9-11-05.)
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