Full Text of HB2056 97th General Assembly
HB2056enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 2. The Illinois Criminal Justice Information Act is | 5 | | amended by adding Section 9.3 as follows: | 6 | | (20 ILCS 3930/9.3 new) | 7 | | Sec. 9.3. The Prescription Pill and Drug Disposal Fund. The | 8 | | Prescription Pill and Drug Disposal Fund is created as a | 9 | | special fund in the State treasury. Moneys in the Fund shall be | 10 | | used for grants by the Illinois Criminal Justice Information | 11 | | Authority to local law enforcement agencies for the purpose of | 12 | | facilitating the collection, transportation, and incineration | 13 | | of pharmaceuticals from residential sources that are collected | 14 | | and transported by law enforcement agencies under Section 17.9A | 15 | | of the Environmental Protection Act. Before awarding a grant | 16 | | from this Fund but no later than July 1, 2012, the Authority | 17 | | shall adopt rules that (i) specify the conditions under which | 18 | | grants will be awarded from this Fund and (ii) otherwise | 19 | | provide for the implementation and administration of the grant | 20 | | program created by this Section. Interest attributable to | 21 | | moneys in the Fund shall be paid into the Fund. | 22 | | Section 5. The State Finance Act is amended by adding |
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| 1 | | Section 5.786 as follows: | 2 | | (30 ILCS 105/5.786 new) | 3 | | Sec. 5.786. The Prescription Pill and Drug Disposal Fund. | 4 | | Section 10. The Environmental Protection Act is amended by | 5 | | changing Section 3.330 and by adding Section 17.9A as follows:
| 6 | | (415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
| 7 | | Sec. 3.330. Pollution control facility.
| 8 | | (a) "Pollution control facility" is any waste storage site, | 9 | | sanitary
landfill, waste disposal site, waste transfer | 10 | | station, waste treatment
facility, or waste incinerator. This | 11 | | includes sewers, sewage treatment
plants, and any other | 12 | | facilities owned or operated by sanitary districts
organized | 13 | | under the Metropolitan Water Reclamation District Act.
| 14 | | The following are not pollution control facilities:
| 15 | | (1) (blank);
| 16 | | (2) waste storage sites regulated under 40 CFR, Part | 17 | | 761.42;
| 18 | | (3) sites or facilities used by any person conducting a | 19 | | waste storage,
waste treatment, waste disposal, waste | 20 | | transfer or waste incineration
operation, or a combination | 21 | | thereof, for wastes generated by such person's
own | 22 | | activities, when such wastes are stored, treated, disposed | 23 | | of,
transferred or incinerated within the site or facility |
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| 1 | | owned, controlled or
operated by such person, or when such | 2 | | wastes are transported within or
between sites or | 3 | | facilities owned, controlled or operated by such person;
| 4 | | (4) sites or facilities at which the State is | 5 | | performing removal or
remedial action pursuant to Section | 6 | | 22.2 or 55.3;
| 7 | | (5) abandoned quarries used solely for the disposal of | 8 | | concrete, earth
materials, gravel, or aggregate debris | 9 | | resulting from road construction
activities conducted by a | 10 | | unit of government or construction activities due
to the | 11 | | construction and installation of underground pipes, lines, | 12 | | conduit
or wires off of the premises of a public utility | 13 | | company which are
conducted by a public utility;
| 14 | | (6) sites or facilities used by any person to | 15 | | specifically conduct a
landscape composting operation;
| 16 | | (7) regional facilities as defined in the Central | 17 | | Midwest Interstate
Low-Level Radioactive Waste Compact;
| 18 | | (8) the portion of a site or facility where coal | 19 | | combustion wastes are
stored or disposed of in accordance | 20 | | with subdivision (r)(2) or (r)(3) of
Section 21;
| 21 | | (9) the portion of a site or facility used for the | 22 | | collection,
storage or processing of waste tires as defined | 23 | | in Title XIV;
| 24 | | (10) the portion of a site or facility used for | 25 | | treatment of
petroleum contaminated materials by | 26 | | application onto or incorporation into
the soil surface and |
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| 1 | | any portion of that site or facility used for storage
of | 2 | | petroleum contaminated materials before treatment. Only | 3 | | those categories
of petroleum listed in Section
57.9(a)(3) | 4 | | are exempt under this subdivision (10);
| 5 | | (11) the portion of a site or facility where used oil | 6 | | is collected or
stored prior to shipment to a recycling or | 7 | | energy recovery facility, provided
that the used oil is | 8 | | generated by households or commercial establishments, and
| 9 | | the site or facility is a recycling center or a business | 10 | | where oil or gasoline
is sold at retail; | 11 | | (11.5) processing sites or facilities that receive | 12 | | only on-specification used oil, as defined in 35 Ill. | 13 | | Admin. Code 739, originating from used oil collectors for | 14 | | processing that is managed under 35 Ill. Admin. Code 739 to | 15 | | produce products for sale to off-site petroleum | 16 | | facilities, if these processing sites or facilities are: | 17 | | (i) located within a home rule unit of local government | 18 | | with a population of at least 30,000 according to the 2000 | 19 | | federal census, that home rule unit of local government has | 20 | | been designated as an Urban Round II Empowerment Zone by | 21 | | the United States Department of Housing and Urban | 22 | | Development, and that home rule unit of local government | 23 | | has enacted an ordinance approving the location of the site | 24 | | or facility and provided funding for the site or facility; | 25 | | and (ii) in compliance with all applicable zoning | 26 | | requirements;
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| 1 | | (12) the portion of a site or facility utilizing coal | 2 | | combustion waste
for stabilization and treatment of only | 3 | | waste generated on that site or
facility when used in | 4 | | connection with response actions pursuant to the federal
| 5 | | Comprehensive Environmental Response, Compensation, and | 6 | | Liability Act of 1980,
the federal Resource Conservation | 7 | | and Recovery Act of 1976, or the Illinois
Environmental | 8 | | Protection Act or as authorized by the Agency;
| 9 | | (13) the portion of a site or facility that (i) accepts | 10 | | exclusively general
construction or demolition debris, | 11 | | (ii) is located in a county with a population over
| 12 | | 3,000,000 as of January 1, 2000 or in a county that is | 13 | | contiguous to such a county, and (iii) is operated and | 14 | | located in accordance with Section 22.38 of this Act; | 15 | | (14) the portion of a site or facility, located within | 16 | | a unit of local government that has enacted local zoning | 17 | | requirements, used to accept, separate, and process | 18 | | uncontaminated broken concrete, with or without protruding | 19 | | metal bars, provided that the uncontaminated broken | 20 | | concrete and metal bars are not speculatively accumulated, | 21 | | are at the site or facility no longer than one year after | 22 | | their acceptance, and are returned to the economic | 23 | | mainstream in the form of raw materials or products;
| 24 | | (15) the portion of a site or facility located in a | 25 | | county with a population over 3,000,000 that has obtained | 26 | | local siting approval under Section 39.2 of this Act for a |
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| 1 | | municipal waste incinerator on or before July 1, 2005 and | 2 | | that is used for a non-hazardous waste transfer station;
| 3 | | (16) a site or facility that temporarily holds in | 4 | | transit for 10 days or less, non-putrescible | 5 | | non-petruscible solid waste in original containers, no | 6 | | larger in capacity than 500 gallons, provided that such | 7 | | waste is further transferred to a recycling, disposal, | 8 | | treatment, or storage facility on a non-contiguous site and | 9 | | provided such site or facility complies with the applicable | 10 | | 10-day transfer requirements of the federal Resource | 11 | | Conservation and Recovery Act of 1976 and United States | 12 | | Department of Transportation hazardous material | 13 | | requirements. For purposes of this Section only, | 14 | | " non-putrescible non-petruscible solid waste" means waste | 15 | | other than municipal garbage that does not rot or become | 16 | | putrid, including, but not limited to, paints, solvent, | 17 | | filters, and absorbents;
| 18 | | (17)
the portion of a site or facility located in a | 19 | | county with a population greater than 3,000,000 that has | 20 | | obtained local siting approval, under Section 39.2 of this | 21 | | Act, for a municipal waste incinerator on or before July 1, | 22 | | 2005 and that is used for wood combustion facilities for | 23 | | energy recovery that accept and burn only wood material, as | 24 | | included in a fuel specification approved by the Agency;
| 25 | | (18)
a transfer station used exclusively for landscape | 26 | | waste, including a transfer station where landscape waste |
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| 1 | | is ground to reduce its volume, where the landscape waste | 2 | | is held no longer than 24 hours from the time it was | 3 | | received; | 4 | | (19) the portion of a site or facility that (i) is used | 5 | | for the composting of food scrap, livestock waste, crop | 6 | | residue, uncontaminated wood waste, or paper waste, | 7 | | including, but not limited to, corrugated paper or | 8 | | cardboard, and (ii) meets all of the following | 9 | | requirements: | 10 | | (A) There must not be more than a total of 30,000 | 11 | | cubic yards of livestock waste in raw form or in the | 12 | | process of being composted at the site or facility at | 13 | | any one time. | 14 | | (B) All food scrap, livestock waste, crop residue, | 15 | | uncontaminated wood waste, and paper waste must, by the | 16 | | end of each operating day, be processed and placed into | 17 | | an enclosed vessel in which air flow and temperature | 18 | | are controlled, or all of the following additional | 19 | | requirements must be met: | 20 | | (i) The portion of the site or facility used | 21 | | for the composting operation must include a | 22 | | setback of at least 200 feet from the nearest | 23 | | potable water supply well. | 24 | | (ii) The portion of the site or facility used | 25 | | for the composting operation must be located | 26 | | outside the boundary of the 10-year floodplain or |
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| 1 | | floodproofed. | 2 | | (iii) The portion of the site or facility used | 3 | | for the composting operation must be located at | 4 | | least one-eighth of a mile from the nearest | 5 | | residence, other than a residence located on the | 6 | | same property as the site or facility. | 7 | | (iv) The portion of the site or facility used | 8 | | for the composting operation must be located at | 9 | | least one-eighth of a mile from the property line | 10 | | of all of the following areas: | 11 | | (I) Facilities that primarily serve to | 12 | | house or treat people that are | 13 | | immunocompromised or immunosuppressed, such as | 14 | | cancer or AIDS patients; people with asthma, | 15 | | cystic fibrosis, or bioaerosol allergies; or | 16 | | children under the age of one year. | 17 | | (II) Primary and secondary schools and | 18 | | adjacent areas that the schools use for | 19 | | recreation. | 20 | | (III) Any facility for child care licensed | 21 | | under Section 3 of the Child Care Act of 1969; | 22 | | preschools; and adjacent areas that the | 23 | | facilities or preschools use for recreation. | 24 | | (v) By the end of each operating day, all food | 25 | | scrap, livestock waste, crop residue, | 26 | | uncontaminated wood waste, and paper waste must be |
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| 1 | | (i) processed into windrows or other piles and (ii) | 2 | | covered in a manner that prevents scavenging by | 3 | | birds and animals and that prevents other | 4 | | nuisances. | 5 | | (C) Food scrap, livestock waste, crop residue, | 6 | | uncontaminated wood waste, paper waste, and compost | 7 | | must not be placed within 5 feet of the water table. | 8 | | (D) The site or facility must meet all of the | 9 | | requirements of the Wild and Scenic Rivers Act (16 | 10 | | U.S.C. 1271 et seq.). | 11 | | (E) The site or facility must not (i) restrict the | 12 | | flow of a 100-year flood, (ii) result in washout of | 13 | | food scrap, livestock waste, crop residue, | 14 | | uncontaminated wood waste, or paper waste from a | 15 | | 100-year flood, or (iii) reduce the temporary water | 16 | | storage capacity of the 100-year floodplain, unless | 17 | | measures are undertaken to provide alternative storage | 18 | | capacity, such as by providing lagoons, holding tanks, | 19 | | or drainage around structures at the facility. | 20 | | (F) The site or facility must not be located in any | 21 | | area where it may pose a threat of harm or destruction | 22 | | to the features for which: | 23 | | (i) an irreplaceable historic or | 24 | | archaeological site has been listed under the | 25 | | National Historic Preservation Act (16 U.S.C. 470 | 26 | | et seq.) or the Illinois Historic Preservation |
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| 1 | | Act; | 2 | | (ii) a natural landmark has been designated by | 3 | | the National Park Service or the Illinois State | 4 | | Historic Preservation Office; or | 5 | | (iii) a natural area has been designated as a | 6 | | Dedicated Illinois Nature Preserve under the | 7 | | Illinois Natural Areas Preservation Act. | 8 | | (G) The site or facility must not be located in an | 9 | | area where it may jeopardize the continued existence of | 10 | | any designated endangered species, result in the | 11 | | destruction or adverse modification of the critical | 12 | | habitat for such species, or cause or contribute to the | 13 | | taking of any endangered or threatened species of | 14 | | plant, fish, or wildlife listed under the Endangered | 15 | | Species Act (16 U.S.C. 1531 et seq.) or the Illinois | 16 | | Endangered Species Protection Act; and | 17 | | (20) the portion of a site or facility that is located | 18 | | entirely within a home rule unit having a population of no | 19 | | less than 120,000 and no more than 135,000, according to | 20 | | the 2000 federal census, and that meets all of the | 21 | | following requirements: | 22 | | (i) the portion of the site or facility is used | 23 | | exclusively to perform testing of a thermochemical | 24 | | conversion technology using only woody biomass, | 25 | | collected as landscape waste within the boundaries | 26 | | of the home rule unit, as the hydrocarbon feedstock |
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| 1 | | for the production of synthetic gas in accordance | 2 | | with Section 39.9 of this Act; | 3 | | (ii) the portion of the site or facility is in | 4 | | compliance with all applicable zoning | 5 | | requirements; and | 6 | | (iii) a complete application for a | 7 | | demonstration permit at the portion of the site or | 8 | | facility has been submitted to the Agency in | 9 | | accordance with Section 39.9 of this Act within one | 10 | | year after July 27, 2010 ( the effective date of | 11 | | Public Act 96-1314); this amendatory Act of the | 12 | | 96th General Assembly | 13 | | (21) (19) the portion of a site or facility used to | 14 | | perform limited testing of a gasification conversion | 15 | | technology in accordance with Section 39.8 of this Act and | 16 | | for which a complete permit application has been submitted | 17 | | to the Agency prior to one year from April 9, 2010 ( the | 18 | | effective date of Public Act 96-887); and this amendatory | 19 | | Act of the 96th General Assembly.
| 20 | | (22) the portion of a site or facility that is used to | 21 | | incinerate only pharmaceuticals from residential sources | 22 | | that are collected and transported by law enforcement | 23 | | agencies under Section 17.9A of this Act. | 24 | | (b) A new pollution control facility is:
| 25 | | (1) a pollution control facility initially permitted | 26 | | for development or
construction after July 1, 1981; or
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| 1 | | (2) the area of expansion beyond the boundary of a | 2 | | currently permitted
pollution control facility; or
| 3 | | (3) a permitted pollution control facility requesting | 4 | | approval to
store, dispose of, transfer or incinerate, for | 5 | | the first time, any special
or hazardous waste.
| 6 | | (Source: P.A. 95-131, eff. 8-13-07; 95-177, eff. 1-1-08; | 7 | | 95-331, eff. 8-21-07; 95-408, eff. 8-24-07; 95-876, eff. | 8 | | 8-21-08; 96-418, eff. 1-1-10; 96-611, eff. 8-24-09; 96-887, | 9 | | eff. 4-9-10; 96-1000, eff. 7-2-10; 96-1068, eff. 7-16-10; | 10 | | 96-1314, eff. 7-27-10; revised 9-2-10.)
| 11 | | (415 ILCS 5/17.9A new) | 12 | | Sec. 17.9A. Collection and transportation of | 13 | | pharmaceuticals by law enforcement agencies. Notwithstanding | 14 | | any other provision of this Act, to the extent allowed by | 15 | | federal law, a law enforcement agency may collect | 16 | | pharmaceuticals from residential sources and transport them to | 17 | | an incinerator permitted by the Agency to be incinerated in | 18 | | accordance with the permit, permit conditions, this Act, and | 19 | | rules adopted under this Act. For the purposes of this Section, | 20 | | "law enforcement agency" means an agency of the State or of a | 21 | | unit of local of government which is vested by law or ordinance | 22 | | with the duty to maintain public order and to enforce criminal | 23 | | laws. | 24 | | Section 15. The Unified Code of Corrections is amended by |
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| 1 | | changing Sections 5-9-1.1 and 5-9-1.1-5 as follows:
| 2 | | (730 ILCS 5/5-9-1.1) (from Ch. 38, par. 1005-9-1.1)
| 3 | | (Text of Section from P.A. 94-550, 96-132, and 96-402)
| 4 | | Sec. 5-9-1.1. Drug related offenses.
| 5 | | (a) When a person has been adjudged guilty of a drug | 6 | | related
offense involving possession or delivery of cannabis or | 7 | | possession or delivery
of a controlled substance, other than | 8 | | methamphetamine, as defined in the Cannabis Control Act, as | 9 | | amended,
or the Illinois Controlled Substances Act, as amended, | 10 | | in addition to any
other penalty imposed, a fine shall be | 11 | | levied by the court at not less than
the full street value of | 12 | | the cannabis or controlled substances seized.
| 13 | | "Street value" shall be determined by the court on the | 14 | | basis of testimony
of law enforcement personnel and the | 15 | | defendant as to the amount seized and
such testimony as may be | 16 | | required by the court as to the current street
value of the | 17 | | cannabis or controlled substance seized.
| 18 | | (b) In addition to any penalty imposed under subsection (a) | 19 | | of this
Section, a fine of
$100 shall be levied by the court, | 20 | | the proceeds of which
shall be collected by the Circuit Clerk | 21 | | and remitted to the State Treasurer
under Section 27.6 of the | 22 | | Clerks of Courts Act
for deposit into the Trauma
Center Fund | 23 | | for distribution as provided under Section 3.225 of the | 24 | | Emergency
Medical Services (EMS) Systems Act.
| 25 | | (c) In addition to any penalty imposed under subsection (a) |
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| 1 | | of this
Section, a fee of $5 shall be assessed by the court, | 2 | | the proceeds of which
shall be collected by the Circuit Clerk | 3 | | and remitted to the State Treasurer
under Section 27.6 of the | 4 | | Clerks of Courts Act for deposit into the Spinal Cord
Injury | 5 | | Paralysis Cure Research Trust Fund.
This additional fee of $5 | 6 | | shall not be considered a part of the fine for
purposes of any | 7 | | reduction in the fine for time served either before or after
| 8 | | sentencing.
| 9 | | (d) In addition to any penalty imposed under subsection (a) | 10 | | of this
Section for a drug related
offense involving possession | 11 | | or delivery
of cannabis or possession or delivery of a | 12 | | controlled substance as defined in the Cannabis Control Act, | 13 | | the Illinois Controlled Substances Act, or the Methamphetamine | 14 | | Control and Community Protection Act, a fee of $50 shall be | 15 | | assessed by the court, the proceeds of which
shall be collected | 16 | | by the Circuit Clerk and remitted to the State Treasurer
under | 17 | | Section 27.6 of the Clerks of Courts Act for deposit into the | 18 | | Performance-enhancing Substance Testing Fund.
This additional | 19 | | fee of $50 shall not be considered a part of the fine for
| 20 | | purposes of any reduction in the fine for time served either | 21 | | before or after
sentencing. The provisions of this subsection | 22 | | (d), other than this sentence, are inoperative after June 30, | 23 | | 2011. | 24 | | (e) (d) In addition to any penalty imposed under subsection | 25 | | (a) of this
Section, a $25 assessment shall be assessed by the | 26 | | court, the proceeds of which
shall be collected by the Circuit |
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| 1 | | Clerk and remitted to the State Treasurer for deposit into the | 2 | | State Police Services Fund and shall be used for grants by the | 3 | | Department of State Police to drug task forces and Metropolitan | 4 | | Enforcement Groups in accordance with the Intergovernmental | 5 | | Drug Laws Enforcement Act. | 6 | | (f) In addition to any penalty imposed under subsection (a) | 7 | | of this
Section, a $20 assessment shall be assessed by the | 8 | | court, the proceeds of which
shall be collected by the Circuit | 9 | | Clerk. Of the collected proceeds, (i) 90% shall be remitted to | 10 | | the State Treasurer for deposit into the Prescription Pill and | 11 | | Drug Disposal Fund; (ii) 5% shall be remitted for deposit into | 12 | | the Criminal Justice Information Projects Fund, for use by the | 13 | | Illinois Criminal Justice Information Authority for the costs | 14 | | associated with making grants from the Prescription Pill and | 15 | | Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5% | 16 | | for deposit into the Circuit Court Clerk Operation and | 17 | | Administrative Fund for the costs associated with | 18 | | administering this subsection. | 19 | | (Source: P.A. 94-550, eff. 1-1-06; 96-132, eff. 8-7-09; 96-402, | 20 | | eff. 1-1-10, revised 10-6-09.)
| 21 | | (Text of Section from P.A. 94-556, 96-132, and 96-402)
| 22 | | Sec. 5-9-1.1. Drug related offenses.
| 23 | | (a) When a person has been adjudged guilty of a drug | 24 | | related
offense involving possession or delivery of cannabis or | 25 | | possession or delivery
of a controlled substance as defined in |
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| 1 | | the Cannabis Control Act, the Illinois Controlled Substances | 2 | | Act, or the Methamphetamine Control and Community Protection | 3 | | Act, in addition to any
other penalty imposed, a fine shall be | 4 | | levied by the court at not less than
the full street value of | 5 | | the cannabis or controlled substances seized.
| 6 | | "Street value" shall be determined by the court on the | 7 | | basis of testimony
of law enforcement personnel and the | 8 | | defendant as to the amount seized and
such testimony as may be | 9 | | required by the court as to the current street
value of the | 10 | | cannabis or controlled substance seized.
| 11 | | (b) In addition to any penalty imposed under subsection (a) | 12 | | of this
Section, a fine of $100 shall be levied by the court, | 13 | | the proceeds of which
shall be collected by the Circuit Clerk | 14 | | and remitted to the State Treasurer
under Section 27.6 of the | 15 | | Clerks of Courts Act for deposit into the Trauma
Center Fund | 16 | | for distribution as provided under Section 3.225 of the | 17 | | Emergency
Medical Services (EMS) Systems Act.
| 18 | | (c) In addition to any penalty imposed under subsection (a) | 19 | | of this
Section, a fee of $5 shall be assessed by the court, | 20 | | the proceeds of which
shall be collected by the Circuit Clerk | 21 | | and remitted to the State Treasurer
under Section 27.6 of the | 22 | | Clerks of Courts Act for deposit into the Spinal Cord
Injury | 23 | | Paralysis Cure Research Trust Fund.
This additional fee of $5 | 24 | | shall not be considered a part of the fine for
purposes of any | 25 | | reduction in the fine for time served either before or after
| 26 | | sentencing.
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| 1 | | (d) In addition to any penalty imposed under subsection (a) | 2 | | of this
Section for a drug related
offense involving possession | 3 | | or delivery
of cannabis or possession or delivery of a | 4 | | controlled substance as defined in the Cannabis Control Act, | 5 | | the Illinois Controlled Substances Act, or the Methamphetamine | 6 | | Control and Community Protection Act, a fee of $50 shall be | 7 | | assessed by the court, the proceeds of which
shall be collected | 8 | | by the Circuit Clerk and remitted to the State Treasurer
under | 9 | | Section 27.6 of the Clerks of Courts Act for deposit into the | 10 | | Performance-enhancing Substance Testing Fund.
This additional | 11 | | fee of $50 shall not be considered a part of the fine for
| 12 | | purposes of any reduction in the fine for time served either | 13 | | before or after
sentencing. The provisions of this subsection | 14 | | (d), other than this sentence, are inoperative after June 30, | 15 | | 2011. | 16 | | (e) (d) In addition to any penalty imposed under subsection | 17 | | (a) of this
Section, a $25 assessment shall be assessed by the | 18 | | court, the proceeds of which
shall be collected by the Circuit | 19 | | Clerk and remitted to the State Treasurer for deposit into the | 20 | | State Police Services Fund and shall be used for grants by the | 21 | | Department of State Police to drug task forces and Metropolitan | 22 | | Enforcement Groups in accordance with the Intergovernmental | 23 | | Drug Laws Enforcement Act. | 24 | | (f) In addition to any penalty imposed under subsection (a) | 25 | | of this
Section, a $20 assessment shall be assessed by the | 26 | | court, the proceeds of which
shall be collected by the Circuit |
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| 1 | | Clerk. Of the collected proceeds, (i) 90% shall be remitted to | 2 | | the State Treasurer for deposit into the Prescription Pill and | 3 | | Drug Disposal Fund; (ii) 5% shall be remitted for deposit into | 4 | | the Criminal Justice Information Projects Fund, for use by the | 5 | | Illinois Criminal Justice Information Authority for the costs | 6 | | associated with making grants from the Prescription Pill and | 7 | | Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5% | 8 | | for deposit into the Circuit Court Clerk Operation and | 9 | | Administrative Fund for the costs associated with | 10 | | administering this subsection. | 11 | | (Source: P.A. 94-556, eff. 9-11-05 ; 96-132, eff. 8-7-09; | 12 | | 96-402, eff. 1-1-10, revised 10-6-09.)
| 13 | | (730 ILCS 5/5-9-1.1-5) | 14 | | Sec. 5-9-1.1-5. Methamphetamine related offenses. | 15 | | (a) When a person has been adjudged guilty of a | 16 | | methamphetamine related
offense involving possession or | 17 | | delivery of methamphetamine or any salt of an optical isomer of | 18 | | methamphetamine or possession of a methamphetamine | 19 | | manufacturing material as set forth in Section 10 of the | 20 | | Methamphetamine Control and Community Protection Act with the | 21 | | intent to manufacture a substance containing methamphetamine | 22 | | or salt of an optical isomer of methamphetamine, in addition to | 23 | | any
other penalty imposed, a fine shall be levied by the court | 24 | | at not less than
the full street value of the methamphetamine | 25 | | or salt of an optical isomer of methamphetamine or |
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| 1 | | methamphetamine manufacturing materials seized. | 2 | | "Street value" shall be determined by the court on the | 3 | | basis of testimony
of law enforcement personnel and the | 4 | | defendant as to the amount seized and
such testimony as may be | 5 | | required by the court as to the current street
value of the | 6 | | methamphetamine or salt of an optical isomer of methamphetamine | 7 | | or methamphetamine manufacturing materials seized. | 8 | | (b) In addition to any penalty imposed under subsection (a) | 9 | | of this
Section, a fine of
$100 shall be levied by the court, | 10 | | the proceeds of which
shall be collected by the Circuit Clerk | 11 | | and remitted to the State Treasurer
under Section 27.6 of the | 12 | | Clerks of Courts Act
for deposit into the Methamphetamine Law | 13 | | Enforcement Fund and allocated as provided in subsection (d) of | 14 | | Section 5-9-1.2.
| 15 | | (c) In addition to any penalty imposed under subsection (a) | 16 | | of this
Section, a $25 assessment shall be assessed by the | 17 | | court, the proceeds of which
shall be collected by the Circuit | 18 | | Clerk and remitted to the State Treasurer for deposit into the | 19 | | Drug Traffic Prevention Fund. The moneys deposited into the | 20 | | Drug Traffic Prevention Fund pursuant to this Section shall be | 21 | | appropriated to and administered by the Department of State | 22 | | Police for funding of drug task forces and Metropolitan | 23 | | Enforcement Groups in accordance with the Intergovernmental | 24 | | Drug Laws Enforcement Act. | 25 | | (d) In addition to any penalty imposed under subsection (a) | 26 | | of this
Section, a $20 assessment shall be assessed by the |
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| 1 | | court, the proceeds of which
shall be collected by the Circuit | 2 | | Clerk. Of the collected proceeds, (i) 90% shall be remitted to | 3 | | the State Treasurer for deposit into the Prescription Pill and | 4 | | Drug Disposal Fund; (ii) 5% shall be remitted for deposit into | 5 | | the Criminal Justice Information Projects Fund, for use by the | 6 | | Illinois Criminal Justice Information Authority for the costs | 7 | | associated with making grants from the Prescription Pill and | 8 | | Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5% | 9 | | for deposit into the Circuit Court Clerk Operation and | 10 | | Administrative Fund for the costs associated with | 11 | | administering this subsection. | 12 | | (Source: P.A. 96-200, eff. 8-10-09; 96-402, eff. 1-1-10; | 13 | | 96-1000, eff. 7-2-10; 96-1234, eff. 7-23-10.)
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