Full Text of HB1258 97th General Assembly
HB1258sam001 97TH GENERAL ASSEMBLY | Sen. Michael Noland Filed: 5/20/2011
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| 1 | | AMENDMENT TO HOUSE BILL 1258
| 2 | | AMENDMENT NO. ______. Amend House Bill 1258 by replacing | 3 | | everything after the enacting clause with the following:
| 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 |
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| 1 | | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | 2 | | Corrections, reimbursement for the costs of an emergency
| 3 | | response as provided under Section 11-501 of the Illinois | 4 | | Vehicle Code,
any fees collected for attending a traffic safety | 5 | | program under paragraph (c)
of Supreme Court Rule 529, any fee | 6 | | collected on behalf of a State's Attorney
under Section 4-2002 | 7 | | of the Counties Code or a sheriff under Section 4-5001
of the | 8 | | Counties Code, or any cost imposed under Section 124A-5 of the | 9 | | Code of
Criminal Procedure of 1963, for convictions, orders of | 10 | | supervision, or any
other disposition for a violation of | 11 | | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | 12 | | similar provision of a local ordinance, and any
violation of | 13 | | the Child Passenger Protection Act, or a similar provision of a
| 14 | | local ordinance, and except as otherwise provided in this | 15 | | Section
shall be disbursed
within 60 days after receipt by the | 16 | | circuit
clerk as follows: 44.5% shall be disbursed to the | 17 | | entity authorized by law to
receive the fine imposed in the | 18 | | case; 16.825% shall be disbursed to the State
Treasurer; and | 19 | | 38.675% shall be disbursed to the county's general corporate
| 20 | | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | 21 | | shall be deposited
by the State Treasurer into the Violent | 22 | | Crime Victims Assistance Fund, 5.052/17
shall be deposited into | 23 | | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall | 24 | | be deposited into the Drivers Education Fund, and 6.948/17 | 25 | | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 | 26 | | deposited into the
Trauma Center Fund from the 16.825% |
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| 1 | | disbursed to the State Treasurer, 50% shall
be disbursed to the | 2 | | Department of Public Health and 50% shall be disbursed to
the | 3 | | Department of Healthcare and Family Services. For fiscal year | 4 | | 1993, amounts deposited into
the Violent Crime Victims | 5 | | Assistance Fund, the Traffic and Criminal
Conviction Surcharge | 6 | | Fund, or the Drivers Education Fund shall not exceed 110%
of | 7 | | the amounts deposited into those funds in fiscal year 1991. Any
| 8 | | amount that exceeds the 110% limit shall be distributed as | 9 | | follows: 50%
shall be disbursed to the county's general | 10 | | corporate fund and 50% shall be
disbursed to the entity | 11 | | authorized by law to receive the fine imposed in
the case. 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 Section during the preceding year based upon
| 15 | | independent verification of fines and fees. All counties shall | 16 | | be subject
to this Section, except that counties with a | 17 | | population under 2,000,000
may, by ordinance, elect not to be | 18 | | subject to this Section. For offenses
subject to this Section, | 19 | | judges shall impose one total sum of money payable
for | 20 | | violations. The circuit clerk may add on no additional amounts | 21 | | except
for amounts that are required by Sections 27.3a and | 22 | | 27.3c of
this Act, unless those amounts are specifically waived | 23 | | by the judge. With
respect to money collected by the circuit | 24 | | clerk as a result of
forfeiture of bail, ex parte judgment or | 25 | | guilty plea pursuant to Supreme
Court Rule 529, the circuit | 26 | | clerk shall first deduct and pay amounts
required by Sections |
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| 1 | | 27.3a and 27.3c of this Act. This Section is a denial
and | 2 | | limitation of home rule powers and functions under subsection | 3 | | (h) of
Section 6 of Article VII of the Illinois Constitution.
| 4 | | (b) In addition to any other fines and court costs assessed | 5 | | by the courts,
any person convicted or receiving an order of | 6 | | supervision for driving under
the influence of alcohol or drugs | 7 | | shall pay an additional fee of $100 to the
clerk of the circuit | 8 | | court. This amount, less 2 1/2% that shall be used to
defray | 9 | | administrative costs incurred by the clerk, shall be remitted | 10 | | by the
clerk to the Treasurer within 60 days after receipt for | 11 | | deposit into the Trauma
Center Fund. This additional fee of | 12 | | $100 shall not be considered a part of the
fine for purposes of | 13 | | any reduction in the fine for time served either before or
| 14 | | after sentencing. Not later than March 1 of each year the | 15 | | Circuit Clerk shall
submit a report of the amount of funds | 16 | | remitted to the State Treasurer under
this subsection during | 17 | | the preceding calendar year.
| 18 | | (b-1) In addition to any other fines and court costs | 19 | | assessed by the courts,
any person convicted or receiving an | 20 | | order of supervision for driving under the
influence of alcohol | 21 | | or drugs shall pay an additional fee of $5 to the clerk
of the | 22 | | circuit court. This amount, less
2 1/2% that shall be used to | 23 | | defray administrative costs incurred by the clerk,
shall be | 24 | | remitted by the clerk to the Treasurer within 60 days after | 25 | | receipt
for deposit into the Spinal Cord Injury Paralysis Cure | 26 | | Research Trust Fund.
This additional fee of $5 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) In addition to any other fines and court costs assessed | 7 | | by the courts,
any person convicted for a violation of Sections | 8 | | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or a | 9 | | person sentenced for a violation of the Cannabis
Control Act, | 10 | | the Illinois Controlled Substances Act, or the Methamphetamine | 11 | | Control and Community Protection Act
shall pay an additional | 12 | | fee of $100 to the clerk
of the circuit court. This amount, | 13 | | less
2 1/2% that shall be used to defray administrative costs | 14 | | incurred by the clerk,
shall be remitted by the clerk to the | 15 | | Treasurer within 60 days after receipt
for deposit into the | 16 | | Trauma Center Fund. This additional fee of $100 shall not
be | 17 | | considered a part of the fine for purposes of any reduction in | 18 | | the fine for
time served either before or after sentencing. Not | 19 | | later than March 1 of each
year the Circuit Clerk shall submit | 20 | | a report of the amount of funds remitted to
the State Treasurer | 21 | | under this subsection during the preceding calendar year.
| 22 | | (c-1) In addition to any other fines and court costs | 23 | | assessed by the
courts, any person sentenced for a violation of | 24 | | the Cannabis Control Act,
the Illinois Controlled Substances | 25 | | Act, or the Methamphetamine Control and Community Protection | 26 | | Act shall pay an additional fee of $5 to the
clerk of the |
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| 1 | | circuit court. This amount, less 2 1/2% that shall be used to
| 2 | | defray administrative costs incurred by the clerk, shall be | 3 | | remitted by the
clerk to the Treasurer within 60 days after | 4 | | receipt for deposit into the Spinal
Cord Injury Paralysis Cure | 5 | | Research Trust Fund. This additional fee of $5
shall not be | 6 | | considered a part of the fine for purposes of any reduction in | 7 | | the
fine for time served either before or after sentencing. 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 subsection during the preceding
calendar year.
| 11 | | (d) The following amounts must be remitted to the State | 12 | | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| 13 | | (1) 50% of the amounts collected for felony offenses | 14 | | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | 15 | | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | 16 | | Animals Act and Section 26-5 of the Criminal Code of
1961;
| 17 | | (2) 20% of the amounts collected for Class A and Class | 18 | | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | 19 | | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | 20 | | for Animals Act and Section 26-5 of the Criminal
Code of | 21 | | 1961; and
| 22 | | (3) 50% of the amounts collected for Class C | 23 | | misdemeanors under Sections
4.01 and 7.1 of the Humane Care | 24 | | for Animals Act and Section 26-5 of the
Criminal Code of | 25 | | 1961.
| 26 | | (e) Any person who receives a disposition of court |
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| 1 | | supervision for a violation of the Illinois Vehicle Code or a | 2 | | similar provision of a local ordinance shall, in addition to | 3 | | any other fines, fees, and court costs, pay an additional fee | 4 | | of $29, to be disbursed as provided in Section 16-104c of the | 5 | | Illinois Vehicle Code. In addition to the fee of $29, the | 6 | | person shall also pay a fee of $6, if not waived by the court. | 7 | | If this $6 fee is collected, $5.50 of the fee shall be | 8 | | deposited into the Circuit Court Clerk Operation and | 9 | | Administrative Fund created by the Clerk of the Circuit Court | 10 | | and 50 cents of the fee shall be deposited into the Prisoner | 11 | | Review Board Vehicle and Equipment Fund in the State treasury.
| 12 | | (f) This Section does not apply to the additional child | 13 | | pornography fines assessed and collected under Section | 14 | | 5-9-1.14 of the Unified Code of Corrections.
| 15 | | (g) (Blank). | 16 | | (h) (Blank). | 17 | | (i)
Of the amounts collected as fines under subsection (b) | 18 | | of Section 3-712 of the Illinois Vehicle Code, 99% shall be | 19 | | deposited into the Illinois Military Family Relief Fund and 1% | 20 | | shall be deposited into the Circuit Court Clerk Operation and | 21 | | Administrative Fund created by the Clerk of the Circuit Court | 22 | | to be used to offset the costs incurred by the Circuit Court | 23 | | Clerk in performing the additional duties required to collect | 24 | | and disburse funds to entities of State and local government as | 25 | | provided by law.
| 26 | | (j) Any person convicted of, pleading guilty to, or placed |
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| 1 | | on supervision for a serious traffic violation, as defined in | 2 | | Section 1-187.001 of the Illinois Vehicle Code, a violation of | 3 | | Section 11-501 of the Illinois Vehicle Code, or a violation of | 4 | | a similar provision of a local ordinance shall pay an | 5 | | additional fee of $35, to be disbursed as provided in Section | 6 | | 16-104d of that Code. | 7 | | This subsection (j) (h) becomes inoperative 7 years after | 8 | | the effective date of Public Act 95-154. | 9 | | (k) For any conviction or disposition of court supervision | 10 | | for a violation of Section 11-1429 of the Illinois Vehicle | 11 | | Code, the circuit clerk shall distribute the fines paid by the | 12 | | person as specified by subsection (h) of Section 11-1429 of the | 13 | | Illinois Vehicle Code. | 14 | | (l) Any person who receives a disposition of court | 15 | | supervision for a violation of Section 11-501 of the Illinois | 16 | | Vehicle Code or a similar provision of a local ordinance shall, | 17 | | in addition to any other fines, fees, and court costs, pay an | 18 | | additional fee of $50, which shall
be collected by the circuit | 19 | | clerk and then remitted to the State Treasurer for deposit into | 20 | | the Roadside Memorial Fund, a special fund in the State | 21 | | treasury. However, the court may waive the fee if full | 22 | | restitution is complied with. Subject to appropriation, all | 23 | | moneys in the Roadside Memorial Fund shall be used by the | 24 | | Department of Transportation to pay fees imposed under | 25 | | subsection (f) of Section 20 of the Roadside Memorial Act. The | 26 | | fee shall be remitted by the circuit clerk within one month |
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| 1 | | after receipt to the State Treasurer for deposit into the | 2 | | Roadside Memorial Fund. | 3 | | (m) Of the amounts collected as fines under subsection (c) | 4 | | of Section 411.4 of the Illinois Controlled Substances Act or | 5 | | subsection (c) of Section 90 of the Methamphetamine Control and | 6 | | Community Protection Act, 99% shall be deposited to the law | 7 | | enforcement agency or fund specified and 1% shall be deposited | 8 | | into the Circuit Court Clerk Operation and Administrative Fund | 9 | | to be used to offset the costs incurred by the Circuit Court | 10 | | Clerk in performing the additional duties required to collect | 11 | | and disburse funds to entities of State and local government as | 12 | | provided by law. | 13 | | (Source: P.A. 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428, | 14 | | eff. 8-24-07; 95-600, eff. 6-1-08; 95-876, eff. 8-21-08; | 15 | | 96-286, eff. 8-11-09; 96-576, eff. 8-18-09; 96-578, eff. | 16 | | 8-18-09; 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-1175, | 17 | | eff. 9-20-10; 96-1342, eff. 1-1-11; revised 9-16-10.) | 18 | | (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667, | 19 | | 96-735, 96-1175, and 96-1342) | 20 | | Sec. 27.6. (a) All fees, fines, costs, additional | 21 | | penalties, bail balances
assessed or forfeited, and any other | 22 | | amount paid by a person to the circuit
clerk equalling an | 23 | | amount of $55 or more, except the fine imposed by Section | 24 | | 5-9-1.15
of the Unified Code of Corrections, the additional fee | 25 | | required
by subsections (b) and (c), restitution under Section |
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| 1 | | 5-5-6 of the
Unified Code of Corrections, contributions to a | 2 | | local anti-crime program ordered pursuant to Section | 3 | | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | 4 | | Corrections, reimbursement for the costs of an emergency
| 5 | | response as provided under Section 11-501 of the Illinois | 6 | | Vehicle Code,
any fees collected for attending a traffic safety | 7 | | program under paragraph (c)
of Supreme Court Rule 529, any fee | 8 | | collected on behalf of a State's Attorney
under Section 4-2002 | 9 | | of the Counties Code or a sheriff under Section 4-5001
of the | 10 | | Counties Code, or any cost imposed under Section 124A-5 of the | 11 | | Code of
Criminal Procedure of 1963, for convictions, orders of | 12 | | supervision, or any
other disposition for a violation of | 13 | | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | 14 | | similar provision of a local ordinance, and any
violation of | 15 | | the Child Passenger Protection Act, or a similar provision of a
| 16 | | local ordinance, and except as otherwise provided in this | 17 | | Section
shall be disbursed
within 60 days after receipt by the | 18 | | circuit
clerk as follows: 44.5% shall be disbursed to the | 19 | | entity authorized by law to
receive the fine imposed in the | 20 | | case; 16.825% shall be disbursed to the State
Treasurer; and | 21 | | 38.675% shall be disbursed to the county's general corporate
| 22 | | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | 23 | | shall be deposited
by the State Treasurer into the Violent | 24 | | Crime Victims Assistance Fund, 5.052/17
shall be deposited into | 25 | | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall | 26 | | be deposited into the Drivers Education Fund, and 6.948/17 |
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| 1 | | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 | 2 | | deposited into the
Trauma Center Fund from the 16.825% | 3 | | disbursed to the State Treasurer, 50% shall
be disbursed to the | 4 | | Department of Public Health and 50% shall be disbursed to
the | 5 | | Department of Healthcare and Family Services. For fiscal year | 6 | | 1993, amounts deposited into
the Violent Crime Victims | 7 | | Assistance Fund, the Traffic and Criminal
Conviction Surcharge | 8 | | Fund, or the Drivers Education Fund shall not exceed 110%
of | 9 | | the amounts deposited into those funds in fiscal year 1991. Any
| 10 | | amount that exceeds the 110% limit shall be distributed as | 11 | | follows: 50%
shall be disbursed to the county's general | 12 | | corporate fund and 50% shall be
disbursed to the entity | 13 | | authorized by law to receive the fine imposed in
the case. Not | 14 | | later than March 1 of each year the circuit clerk
shall submit | 15 | | a report of the amount of funds remitted to the State
Treasurer | 16 | | under this Section during the preceding year based upon
| 17 | | independent verification of fines and fees. All counties shall | 18 | | be subject
to this Section, except that counties with a | 19 | | population under 2,000,000
may, by ordinance, elect not to be | 20 | | subject to this Section. For offenses
subject to this Section, | 21 | | judges shall impose one total sum of money payable
for | 22 | | violations. The circuit clerk may add on no additional amounts | 23 | | except
for amounts that are required by Sections 27.3a and | 24 | | 27.3c of
this Act, Section 16-104c of the Illinois Vehicle | 25 | | Code, and subsection (a) of Section 5-1101 of the Counties | 26 | | Code, unless those amounts are specifically waived by the |
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| 1 | | judge. With
respect to money collected by the circuit clerk as | 2 | | a result of
forfeiture of bail, ex parte judgment or guilty | 3 | | plea pursuant to Supreme
Court Rule 529, the circuit clerk | 4 | | shall first deduct and pay amounts
required by Sections 27.3a | 5 | | and 27.3c of this Act. Unless a court ordered payment schedule | 6 | | is implemented or fee requirements are waived pursuant to court | 7 | | order, the clerk of the court may add to any unpaid fees and | 8 | | costs a delinquency amount equal to 5% of the unpaid fees that | 9 | | remain unpaid after 30 days, 10% of the unpaid fees that remain | 10 | | unpaid after 60 days, and 15% of the unpaid fees that remain | 11 | | unpaid after 90 days. Notice to those parties may be made by | 12 | | signage posting or publication. The additional delinquency | 13 | | amounts collected under this Section shall be deposited in the | 14 | | Circuit Court Clerk Operation and Administrative Fund to be | 15 | | used to defray administrative costs incurred by the circuit | 16 | | clerk in performing the duties required to collect and disburse | 17 | | funds. This Section is a denial
and limitation of home rule | 18 | | powers and functions under subsection (h) of
Section 6 of | 19 | | Article VII of the Illinois Constitution.
| 20 | | (b) In addition to any other fines and court costs assessed | 21 | | by the courts,
any person convicted or receiving an order of | 22 | | supervision for driving under
the influence of alcohol or drugs | 23 | | shall pay an additional fee of $100 to the
clerk of the circuit | 24 | | court. This amount, less 2 1/2% that shall be used to
defray | 25 | | administrative costs incurred by the clerk, shall be remitted | 26 | | by the
clerk to the Treasurer within 60 days after receipt for |
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| 1 | | deposit into the Trauma
Center Fund. This additional fee of | 2 | | $100 shall not be considered a part of the
fine for purposes of | 3 | | any reduction in the fine for time served either before or
| 4 | | after sentencing. Not later than March 1 of each year the | 5 | | Circuit Clerk shall
submit a report of the amount of funds | 6 | | remitted to the State Treasurer under
this subsection during | 7 | | the preceding calendar year.
| 8 | | (b-1) In addition to any other fines and court costs | 9 | | assessed by the courts,
any person convicted or receiving an | 10 | | order of supervision for driving under the
influence of alcohol | 11 | | or drugs shall pay an additional fee of $5 to the clerk
of the | 12 | | circuit court. This amount, less
2 1/2% that shall be used to | 13 | | defray administrative costs incurred by the clerk,
shall be | 14 | | remitted by the clerk to the Treasurer within 60 days after | 15 | | receipt
for deposit into the Spinal Cord Injury Paralysis Cure | 16 | | Research Trust Fund.
This additional fee of $5 shall not
be | 17 | | considered a part of the fine for purposes of any reduction in | 18 | | the fine for
time served either before or after sentencing. Not | 19 | | later than March 1 of each
year the Circuit Clerk shall submit | 20 | | a report of the amount of funds remitted to
the State Treasurer | 21 | | under this subsection during the preceding calendar
year.
| 22 | | (c) In addition to any other fines and court costs assessed | 23 | | by the courts,
any person convicted for a violation of Sections | 24 | | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or a | 25 | | person sentenced for a violation of the Cannabis
Control Act, | 26 | | the Illinois Controlled Substances Act, or the Methamphetamine |
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| 1 | | Control and Community Protection Act
shall pay an additional | 2 | | fee of $100 to the clerk
of the circuit court. This amount, | 3 | | less
2 1/2% that shall be used to defray administrative costs | 4 | | incurred by the clerk,
shall be remitted by the clerk to the | 5 | | Treasurer within 60 days after receipt
for deposit into the | 6 | | Trauma Center Fund. This additional fee of $100 shall not
be | 7 | | considered a part of the fine for purposes of any reduction in | 8 | | the fine for
time served either before or after sentencing. Not | 9 | | later than March 1 of each
year the Circuit Clerk shall submit | 10 | | a report of the amount of funds remitted to
the State Treasurer | 11 | | under this subsection during the preceding calendar year.
| 12 | | (c-1) In addition to any other fines and court costs | 13 | | assessed by the
courts, any person sentenced for a violation of | 14 | | the Cannabis Control Act,
the Illinois Controlled Substances | 15 | | Act, or the Methamphetamine Control and Community Protection | 16 | | Act shall pay an additional fee of $5 to the
clerk of the | 17 | | circuit court. This amount, less 2 1/2% that shall be used to
| 18 | | defray administrative costs incurred by the clerk, shall be | 19 | | remitted by the
clerk to the Treasurer within 60 days after | 20 | | receipt for deposit into the Spinal
Cord Injury Paralysis Cure | 21 | | Research Trust Fund. This additional fee of $5
shall not be | 22 | | considered a part of the fine for purposes of any reduction in | 23 | | the
fine for time served either before or after sentencing. Not | 24 | | later than March 1
of each year the Circuit Clerk shall submit | 25 | | a report of the amount of funds
remitted to the State Treasurer | 26 | | under this subsection during the preceding
calendar year.
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| 1 | | (d) The following amounts must be remitted to the State | 2 | | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| 3 | | (1) 50% of the amounts collected for felony offenses | 4 | | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | 5 | | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | 6 | | Animals Act and Section 26-5 of the Criminal Code of
1961;
| 7 | | (2) 20% of the amounts collected for Class A and Class | 8 | | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | 9 | | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | 10 | | for Animals Act and Section 26-5 of the Criminal
Code of | 11 | | 1961; and
| 12 | | (3) 50% of the amounts collected for Class C | 13 | | misdemeanors under Sections
4.01 and 7.1 of the Humane Care | 14 | | for Animals Act and Section 26-5 of the
Criminal Code of | 15 | | 1961.
| 16 | | (e) Any person who receives a disposition of court | 17 | | supervision for a violation of the Illinois Vehicle Code or a | 18 | | similar provision of a local ordinance shall, in addition to | 19 | | any other fines, fees, and court costs, pay an additional fee | 20 | | of $29, to be disbursed as provided in Section 16-104c of the | 21 | | Illinois Vehicle Code. In addition to the fee of $29, the | 22 | | person shall also pay a fee of $6, if not waived by the court. | 23 | | If this $6 fee is collected, $5.50 of the fee shall be | 24 | | deposited into the Circuit Court Clerk Operation and | 25 | | Administrative Fund created by the Clerk of the Circuit Court | 26 | | and 50 cents of the fee shall be deposited into the Prisoner |
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| 1 | | Review Board Vehicle and Equipment Fund in the State treasury.
| 2 | | (f) This Section does not apply to the additional child | 3 | | pornography fines assessed and collected under Section | 4 | | 5-9-1.14 of the Unified Code of Corrections.
| 5 | | (g) Any person convicted of or pleading guilty to a serious | 6 | | traffic violation, as defined in Section 1-187.001 of the | 7 | | Illinois Vehicle Code, shall pay an additional fee of $35, to | 8 | | be disbursed as provided in Section 16-104d of that Code. This | 9 | | subsection (g) becomes inoperative 7 years after the effective | 10 | | date of Public Act 95-154. | 11 | | (h) In all counties having a population of 3,000,000 or | 12 | | more inhabitants, | 13 | | (1) A person who is found guilty of or pleads guilty to | 14 | | violating subsection (a) of Section 11-501 of the Illinois | 15 | | Vehicle Code, including any person placed on court | 16 | | supervision for violating subsection (a), shall be fined | 17 | | $750 as provided for by subsection (f) of Section 11-501.01 | 18 | | of the Illinois Vehicle Code, payable to the circuit clerk, | 19 | | who shall distribute the money pursuant to subsection (f) | 20 | | of Section 11-501.01 of the Illinois Vehicle Code. | 21 | | (2) When a crime laboratory DUI analysis fee of $150, | 22 | | provided for by Section 5-9-1.9 of the Unified Code of | 23 | | Corrections is assessed, it shall be disbursed by the | 24 | | circuit clerk as provided by subsection (f) of Section | 25 | | 5-9-1.9 of the Unified Code of Corrections. | 26 | | (3) When a fine for a violation of Section 11-605.1 of |
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| 1 | | the Illinois Vehicle Code is $250 or greater, the person | 2 | | who violated that Section shall be charged an additional | 3 | | $125 as provided for by subsection (e) of Section 11-605.1 | 4 | | of the Illinois Vehicle Code, which shall be disbursed by | 5 | | the circuit clerk to a State or county Transportation | 6 | | Safety Highway Hire-back Fund as provided by subsection (e) | 7 | | of Section 11-605.1 of the Illinois Vehicle Code. | 8 | | (4) When a fine for a violation of subsection (a) of | 9 | | Section 11-605 of the Illinois Vehicle Code is $150 or | 10 | | greater, the additional $50 which is charged as provided | 11 | | for by subsection (f) of Section 11-605 of the Illinois | 12 | | Vehicle Code shall be disbursed by the circuit clerk to a | 13 | | school district or districts for school safety purposes as | 14 | | provided by subsection (f) of Section 11-605. | 15 | | (5) When a fine for a violation of subsection (a) of | 16 | | Section 11-1002.5 of the Illinois Vehicle Code is $150 or | 17 | | greater, the additional $50 which is charged as provided | 18 | | for by subsection (c) of Section 11-1002.5 of the Illinois | 19 | | Vehicle Code shall be disbursed by the circuit clerk to a | 20 | | school district or districts for school safety purposes as | 21 | | provided by subsection (c) of Section 11-1002.5 of the | 22 | | Illinois Vehicle Code. | 23 | | (6) When a mandatory drug court fee of up to $5 is | 24 | | assessed as provided in subsection (f) of Section 5-1101 of | 25 | | the Counties Code, it shall be disbursed by the circuit | 26 | | clerk as provided in subsection (f) of Section 5-1101 of |
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| 1 | | the Counties Code. | 2 | | (7) When a mandatory teen court, peer jury, youth | 3 | | court, or other youth diversion program fee is assessed as | 4 | | provided in subsection (e) of Section 5-1101 of the | 5 | | Counties Code, it shall be disbursed by the circuit clerk | 6 | | as provided in subsection (e) of Section 5-1101 of the | 7 | | Counties Code. | 8 | | (8) When a Children's Advocacy Center fee is assessed | 9 | | pursuant to subsection (f-5) of Section 5-1101 of the | 10 | | Counties Code, it shall be disbursed by the circuit clerk | 11 | | as provided in subsection (f-5) of Section 5-1101 of the | 12 | | Counties Code. | 13 | | (9) When a victim impact panel fee is assessed pursuant | 14 | | to subsection (b) of Section 11-501.01 of the Vehicle Code, | 15 | | it shall be disbursed by the circuit clerk to the victim | 16 | | impact panel to be attended by the defendant. | 17 | | (10) When a new fee collected in traffic cases is | 18 | | enacted after the effective date of this subsection (h), it | 19 | | shall be excluded from the percentage disbursement | 20 | | provisions of this Section unless otherwise indicated by | 21 | | law. | 22 | | (i)
Of the amounts collected as fines under subsection (b) | 23 | | of Section 3-712 of the Illinois Vehicle Code, 99% shall be | 24 | | deposited into the Illinois Military Family Relief Fund and 1% | 25 | | shall be deposited into the Circuit Court Clerk Operation and | 26 | | Administrative Fund created by the Clerk of the Circuit Court |
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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 | | (j) (Blank). | 6 | | (k) For any conviction or disposition of court supervision | 7 | | for a violation of Section 11-1429 of the Illinois Vehicle | 8 | | Code, the circuit clerk shall distribute the fines paid by the | 9 | | person as specified by subsection (h) of Section 11-1429 of the | 10 | | Illinois Vehicle Code. | 11 | | (l) Any person who receives a disposition of court | 12 | | supervision for a violation of Section 11-501 of the Illinois | 13 | | Vehicle Code or a similar provision of a local ordinance shall, | 14 | | in addition to any other fines, fees, and court costs, pay an | 15 | | additional fee of $50, which shall
be collected by the circuit | 16 | | clerk and then remitted to the State Treasurer for deposit into | 17 | | the Roadside Memorial Fund, a special fund in the State | 18 | | treasury. However, the court may waive the fee if full | 19 | | restitution is complied with. Subject to appropriation, all | 20 | | moneys in the Roadside Memorial Fund shall be used by the | 21 | | Department of Transportation to pay fees imposed under | 22 | | subsection (f) of Section 20 of the Roadside Memorial Act. The | 23 | | fee shall be remitted by the circuit clerk within one month | 24 | | after receipt to the State Treasurer for deposit into the | 25 | | Roadside Memorial Fund. | 26 | | (m) Of the amounts collected as fines under subsection (c) |
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| 1 | | of Section 411.4 of the Illinois Controlled Substances Act or | 2 | | subsection (c) of Section 90 of the Methamphetamine Control and | 3 | | Community Protection Act, 99% shall be deposited to the law | 4 | | enforcement agency or fund specified and 1% shall be deposited | 5 | | into the Circuit Court Clerk Operation and Administrative Fund | 6 | | to be used to offset the costs incurred by the Circuit Court | 7 | | Clerk in performing the additional duties required to collect | 8 | | and disburse funds to entities of State and local government as | 9 | | provided by law. | 10 | | (Source: P.A. 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428, | 11 | | eff. 8-24-07; 95-600, eff. 6-1-08; 95-876, eff. 8-21-08; | 12 | | 96-576, eff. 8-18-09; 96-578, eff. 8-18-09; 96-625, eff. | 13 | | 1-1-10; 96-667, eff. 8-25-09; 96-735, eff. 1-1-10; 96-1175, | 14 | | eff. 9-20-10; 96-1342, eff. 1-1-11; revised 9-16-10.) | 15 | | Section 10. The Illinois Controlled Substances Act is | 16 | | amended by adding Section 411.4 as follows: | 17 | | (720 ILCS 570/411.4 new) | 18 | | Sec. 411.4. Reimbursement of unit of government for
| 19 | | emergency response. | 20 | | (a) As used in this Section, "emergency response" means the | 21 | | act of collecting evidence from or securing a site where | 22 | | controlled substances were manufactured, or where by-products | 23 | | from the manufacture of controlled substances are present, and | 24 | | cleaning up the site, whether these actions are performed by |
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| 1 | | public entities or private contractors paid by public entities. | 2 | | (b) Every person convicted of violating Section 401,
407, | 3 | | or 407.2 of this Act whose violation proximately caused
any | 4 | | incident resulting in an appropriate emergency response
shall | 5 | | be liable for the expense of an emergency response and shall be | 6 | | assessed a fine of $750,
payable to the circuit clerk, who | 7 | | shall distribute the money
to the law enforcement agency that | 8 | | made the
arrest. If the person has been
previously convicted of | 9 | | violating Section 401, 407, or
407.2 of this Act, the fine | 10 | | shall be $1,000, and the circuit
clerk shall distribute the | 11 | | money to the law enforcement agency that
made the arrest. In | 12 | | the event that more than one
agency is responsible for the | 13 | | arrest, the amount payable to law
enforcement agencies shall be | 14 | | shared equally. Any moneys
received by a law enforcement agency | 15 | | under this Section shall
be used for law enforcement expenses. | 16 | | Any moneys collected for the Illinois State Police shall be | 17 | | deposited into the Traffic and
Criminal Conviction Surcharge | 18 | | Fund. | 19 | | Section 15. The Methamphetamine Control and Community | 20 | | Protection Act is amended by changing Sections 10 and 90 as | 21 | | follows: | 22 | | (720 ILCS 646/10)
| 23 | | Sec. 10. Definitions. As used in this Act: | 24 | | "Anhydrous ammonia" has the meaning provided in subsection |
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| 1 | | (d) of Section 3 of the Illinois Fertilizer Act of 1961.
| 2 | | "Anhydrous ammonia equipment" means all items used to | 3 | | store, hold, contain, handle, transfer, transport, or apply | 4 | | anhydrous ammonia for lawful purposes.
| 5 | | "Booby trap" means any device designed to cause physical | 6 | | injury when triggered by an act of a person approaching, | 7 | | entering, or moving through a structure, a vehicle, or any | 8 | | location where methamphetamine has been manufactured, is being | 9 | | manufactured, or is intended to be manufactured.
| 10 | | "Deliver" or "delivery" has the meaning provided in | 11 | | subsection (h) of Section 102 of the Illinois Controlled | 12 | | Substances Act.
| 13 | | "Director" means the Director of State Police or the | 14 | | Director's designated agents.
| 15 | | "Dispose" or "disposal" means to abandon, discharge, | 16 | | release, deposit, inject, dump, spill, leak, or place | 17 | | methamphetamine waste onto or into any land, water, or well of | 18 | | any type so that the waste has the potential to enter the | 19 | | environment, be emitted into the air, or be discharged into the | 20 | | soil or any waters, including groundwater.
| 21 | | "Emergency response" means the act of collecting evidence | 22 | | from or , securing a methamphetamine laboratory site, | 23 | | methamphetamine waste site or other methamphetamine-related | 24 | | site and cleaning up the site, whether these actions are | 25 | | performed by public entities or private contractors paid by | 26 | | public entities.
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| 1 | | "Emergency service provider" means a local, State, or | 2 | | federal peace officer, firefighter, emergency medical | 3 | | technician-ambulance, emergency
medical | 4 | | technician-intermediate, emergency medical | 5 | | technician-paramedic, ambulance driver, or other medical or | 6 | | first aid personnel rendering aid, or any agent or designee of | 7 | | the foregoing.
| 8 | | "Finished methamphetamine" means methamphetamine in a form | 9 | | commonly used for personal consumption. | 10 | | "Firearm" has the meaning provided in Section 1.1 of the | 11 | | Firearm Owners Identification Card Act.
| 12 | | "Manufacture" means to produce, prepare, compound, | 13 | | convert, process, synthesize, concentrate, purify, separate, | 14 | | extract, or package any methamphetamine, methamphetamine | 15 | | precursor, methamphetamine manufacturing catalyst, | 16 | | methamphetamine manufacturing reagent, methamphetamine | 17 | | manufacturing solvent, or any substance containing any of the | 18 | | foregoing.
| 19 | | "Methamphetamine" means the chemical methamphetamine (a | 20 | | Schedule II controlled substance under the Illinois Controlled | 21 | | Substances Act) or any salt, optical isomer, salt of optical | 22 | | isomer, or analog thereof, with the exception of | 23 | | 3,4-Methylenedioxymethamphetamine (MDMA) or any other | 24 | | scheduled substance with a separate listing under the Illinois | 25 | | Controlled Substances Act. | 26 | | "Methamphetamine manufacturing catalyst" means any |
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| 1 | | substance that has been used, is being used, or is intended to | 2 | | be used to activate, accelerate, extend, or improve a chemical | 3 | | reaction involved in the manufacture of methamphetamine.
| 4 | | "Methamphetamine manufacturing environment" means a | 5 | | structure or vehicle in which:
| 6 | | (1) methamphetamine is being or has been manufactured;
| 7 | | (2) chemicals that are being used, have been used, or | 8 | | are intended to be used to manufacture methamphetamine are | 9 | | stored;
| 10 | | (3) methamphetamine manufacturing materials that have | 11 | | been used to manufacture methamphetamine are stored; or
| 12 | | (4) methamphetamine manufacturing waste is stored.
| 13 | | "Methamphetamine manufacturing material" means any | 14 | | methamphetamine precursor, substance containing any | 15 | | methamphetamine precursor, methamphetamine manufacturing | 16 | | catalyst, substance containing any methamphetamine | 17 | | manufacturing catalyst, methamphetamine manufacturing reagent, | 18 | | substance containing any methamphetamine manufacturing | 19 | | reagent, methamphetamine manufacturing solvent, substance | 20 | | containing any methamphetamine manufacturing solvent, or any | 21 | | other chemical, substance, ingredient, equipment, apparatus, | 22 | | or item that is being used, has been used, or is intended to be | 23 | | used in the manufacture of methamphetamine.
| 24 | | "Methamphetamine manufacturing reagent" means any | 25 | | substance other than a methamphetamine manufacturing catalyst | 26 | | that has been used, is being used, or is intended to be used to |
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| 1 | | react with and chemically alter any methamphetamine precursor. | 2 | | "Methamphetamine manufacturing solvent" means any | 3 | | substance that has been used, is being used, or is intended to | 4 | | be used as a medium in which any methamphetamine precursor, | 5 | | methamphetamine manufacturing catalyst, methamphetamine | 6 | | manufacturing reagent, or any substance containing any of the | 7 | | foregoing is dissolved, diluted, or washed during any part of | 8 | | the methamphetamine manufacturing process.
| 9 | | "Methamphetamine manufacturing waste" means any chemical, | 10 | | substance, ingredient, equipment, apparatus, or item that is | 11 | | left over from, results from, or is produced by the process of | 12 | | manufacturing methamphetamine, other than finished | 13 | | methamphetamine.
| 14 | | "Methamphetamine precursor" means ephedrine, | 15 | | pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone, | 16 | | phenylacetone, phenyl-2-propanone, P2P, or any salt, optical | 17 | | isomer, or salt of an optical isomer of any of these chemicals.
| 18 | | "Multi-unit dwelling" means a unified structure used or | 19 | | intended for use as a habitation, home, or residence that | 20 | | contains 2 or more condominiums, apartments, hotel rooms, motel | 21 | | rooms, or other living units.
| 22 | | "Package" means an item marked for retail sale that is not | 23 | | designed to be further broken down or subdivided for the | 24 | | purpose of retail sale.
| 25 | | "Participate" or "participation" in the manufacture of | 26 | | methamphetamine means to produce, prepare, compound, convert, |
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| 1 | | process, synthesize, concentrate, purify, separate, extract, | 2 | | or package any methamphetamine, methamphetamine precursor, | 3 | | methamphetamine manufacturing catalyst, methamphetamine | 4 | | manufacturing reagent, methamphetamine manufacturing solvent, | 5 | | or any substance containing any of the foregoing, or to assist | 6 | | in any of these actions, or to attempt to take any of these | 7 | | actions, regardless of whether this action or these actions | 8 | | result in the production of finished methamphetamine.
| 9 | | "Person with a disability" means a person who suffers from | 10 | | a permanent physical or mental impairment resulting from | 11 | | disease, injury, functional disorder, or congenital condition | 12 | | which renders the person incapable of adequately providing for | 13 | | his or her own health and personal care.
| 14 | | "Procure" means to purchase, steal, gather, or otherwise | 15 | | obtain, by legal or illegal means, or to cause another to take | 16 | | such action.
| 17 | | "Second or subsequent offense" means an offense under this | 18 | | Act committed by an offender who previously committed an | 19 | | offense under this Act, the Illinois Controlled Substances Act, | 20 | | the Cannabis Control Act, or another Act of this State, another | 21 | | state, or the United States relating to methamphetamine, | 22 | | cannabis, or any other controlled substance.
| 23 | | "Standard dosage form", as used in relation to any | 24 | | methamphetamine precursor, means that the methamphetamine | 25 | | precursor is contained in a pill, tablet, capsule, caplet, gel | 26 | | cap, or liquid cap that has been manufactured by a lawful |
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| 1 | | entity and contains a standard quantity of methamphetamine | 2 | | precursor.
| 3 | | "Unauthorized container", as used in relation to anhydrous | 4 | | ammonia, means any container that is not designed for the | 5 | | specific and sole purpose of holding, storing, transporting, or | 6 | | applying anhydrous ammonia. "Unauthorized container" includes, | 7 | | but is not limited to, any propane tank, fire extinguisher, | 8 | | oxygen cylinder, gasoline can, food or beverage cooler, or | 9 | | compressed gas cylinder used in dispensing fountain drinks. | 10 | | "Unauthorized container" does not encompass anhydrous ammonia | 11 | | manufacturing plants, refrigeration systems
where anhydrous | 12 | | ammonia is used solely as a refrigerant, anhydrous ammonia | 13 | | transportation pipelines, anhydrous ammonia tankers, or | 14 | | anhydrous ammonia barges.
| 15 | | (Source: P.A. 94-556, eff. 9-11-05.) | 16 | | (720 ILCS 646/90)
| 17 | | Sec. 90. Methamphetamine restitution. | 18 | | (a) If a person commits a violation of this Act in a manner | 19 | | that requires an emergency response, the person shall be | 20 | | required to make restitution to all public entities involved in | 21 | | the emergency response, to cover the reasonable cost of their
| 22 | | participation in the emergency response, including but not | 23 | | limited to regular and overtime costs incurred by local law | 24 | | enforcement agencies and private contractors paid by the public | 25 | | agencies in securing the site. The convicted person shall make |
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| 1 | | this restitution in addition to any other fine or penalty | 2 | | required by law.
| 3 | | (b) Any restitution payments made under this Section shall | 4 | | be disbursed equitably by the circuit clerk in the following | 5 | | order: | 6 | | (1) first, to the agency responsible for the mitigation | 7 | | of the incident local agencies involved in the emergency | 8 | | response ; | 9 | | (2) second, to the local agencies involved in the
| 10 | | emergency response; State agencies involved in the | 11 | | emergency response; and | 12 | | (3) third, to the State agencies involved in the
| 13 | | emergency response; and federal agencies involved in the | 14 | | emergency response.
| 15 | | (4) fourth, to the federal agencies involved in the
| 16 | | emergency response. | 17 | | (c) In addition to any other penalties and liabilities, a
| 18 | | person who is convicted of violating any
Section of this Act, | 19 | | whose violation proximately caused any incident resulting in an | 20 | | appropriate emergency response, shall be assessed a fine of | 21 | | $2,500, payable to
the circuit clerk, who shall distribute the | 22 | | money
to the law enforcement agency responsible for the | 23 | | mitigation of the incident.
If the person has been previously
| 24 | | convicted of violating any Section of this Act,
the fine shall | 25 | | be $5,000 and the circuit clerk shall
distribute the money to | 26 | | the law enforcement agency
responsible for the mitigation of |
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| 1 | | the incident.
In the event that more than one agency is
| 2 | | responsible for an arrest which does not require mitigation, | 3 | | the amount payable to law
enforcement agencies shall be shared | 4 | | equally. Any moneys
received by a law enforcement agency under | 5 | | this Section shall
be used for law enforcement expenses. | 6 | | Any moneys collected for the Illinois State Police shall be | 7 | | deposited into the Traffic and
Criminal Conviction Surcharge | 8 | | Fund. | 9 | | (Source: P.A. 94-556, eff. 9-11-05.)".
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