Full Text of HB3911 98th General Assembly
HB3911ham001 98TH GENERAL ASSEMBLY | Rep. Jehan A. Gordon-Booth Filed: 3/28/2014
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| 1 | | AMENDMENT TO HOUSE BILL 3911
| 2 | | AMENDMENT NO. ______. Amend House Bill 3911 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Law Enforcement Camera Grant Act is amended | 5 | | by changing Section 10 as follows: | 6 | | (50 ILCS 707/10)
| 7 | | Sec. 10. Law Enforcement Camera Grant Fund; creation, | 8 | | rules. | 9 | | (a) The Law Enforcement Camera Grant Fund is created as a | 10 | | special fund in the State treasury. From appropriations to the | 11 | | Board from the Fund, the Board must make grants to units of | 12 | | local government in Illinois for the purpose of purchasing | 13 | | installing video cameras for in law enforcement use vehicles | 14 | | and training for law enforcement officers in the operation of | 15 | | the cameras . | 16 | | Moneys received for the purposes of this Section, |
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| 1 | | including, without limitation, fee receipts and gifts, grants, | 2 | | and awards from any public or private entity, must be deposited | 3 | | into the Fund. Any interest earned on moneys in the Fund must | 4 | | be deposited into the Fund. | 5 | | (b) The Board may set requirements for the distribution of | 6 | | grant moneys and determine which law enforcement agencies are | 7 | | eligible. | 8 | | (c) The Board shall develop model rules to be adopted by | 9 | | law enforcement agencies that receive grants under this | 10 | | Section. The rules shall include the following requirements: | 11 | | (1) Cameras must be used for installed in the law | 12 | | enforcement purposes vehicles . | 13 | | (2) Video recording Videotaping must provide audio of | 14 | | the officer when the officer is outside of the vehicle . | 15 | | (3) Camera access must be restricted to the supervisors | 16 | | of the recorded officer in the vehicle . | 17 | | (4) Cameras must be turned on when the officer is | 18 | | engaged with a member of the public continuously throughout | 19 | | the officer's shift . | 20 | | (5) A copy of the video record videotape must be made | 21 | | available upon request to personnel of the law enforcement | 22 | | agency, the local State's Attorney, and any persons | 23 | | depicted in the video. Procedures for distribution of the | 24 | | video record videotape must include safeguards to protect | 25 | | the identities of individuals who are not a party to the | 26 | | requested stop. |
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| 1 | | (6) Law enforcement agencies that receive moneys under | 2 | | this grant shall provide for storage of the video records | 3 | | tapes for a period of not less than 2 years. | 4 | | (d) Any law enforcement agency receiving moneys under this | 5 | | Section must provide an annual report to the Board, the | 6 | | Governor, and the General Assembly, which will be due on May 1 | 7 | | of the year following the receipt of the grant and each May 1 | 8 | | thereafter during the period of the grant. The report shall | 9 | | include (i) the number of cameras received by the law | 10 | | enforcement agency, (ii) the number of cameras actually in use | 11 | | installed in law enforcement vehicles , (iii) a brief | 12 | | description of the review process used by supervisors within | 13 | | the law enforcement agency, (iv) a list of any criminal, | 14 | | traffic, ordinance, and civil cases where video recordings were | 15 | | used, including party names, case numbers, offenses charged, | 16 | | and disposition of the matter, (this item applies, but is not | 17 | | limited to, court proceedings, coroner's inquests, grand jury | 18 | | proceedings, and plea bargains), and (v) any other information | 19 | | relevant to the administration of the program. | 20 | | (e) No applications for grant money under this Section | 21 | | shall be accepted before January 1, 2007 or after January 1, | 22 | | 2011.
| 23 | | (f) Notwithstanding any other provision of law, in addition | 24 | | to any other transfers that may be provided by law, on July 1, | 25 | | 2012 only, or as soon thereafter as practical, the State | 26 | | Comptroller shall direct and the State Treasurer shall transfer |
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| 1 | | any funds in excess of $1,000,000 held in the Law Enforcement | 2 | | Camera Grant Fund to the State Police Operations Assistance | 3 | | Fund. | 4 | | (g) Notwithstanding any other provision of law, in addition | 5 | | to any other transfers that may be provided by law, on July 1, | 6 | | 2013 only, or as soon thereafter as practical, the State | 7 | | Comptroller shall direct and the State Treasurer shall transfer | 8 | | the sum of $2,000,000 from the Law Enforcement Camera Grant | 9 | | Fund to the Traffic and Criminal Conviction Surcharge Fund. | 10 | | (Source: P.A. 97-732, eff. 6-30-12; 98-24, eff. 6-19-13.) | 11 | | Section 10. The Unified Code of Corrections is amended by | 12 | | changing Section 5-9-1 as follows:
| 13 | | (730 ILCS 5/5-9-1) (from Ch. 38, par. 1005-9-1)
| 14 | | Sec. 5-9-1. Authorized fines.
| 15 | | (a) An offender may be sentenced to pay a
fine as provided | 16 | | in Article 4.5 of Chapter V.
| 17 | | (b) (Blank.)
| 18 | | (c) There shall be added to every fine imposed in | 19 | | sentencing for a
criminal or traffic offense, except an offense | 20 | | relating to parking or
registration, or offense by a | 21 | | pedestrian, an additional penalty of $15 $10 for
each $40, or | 22 | | fraction thereof, of fine imposed.
The additional penalty of | 23 | | $15 $10 for each $40, or fraction thereof, of fine
imposed, if | 24 | | not otherwise assessed, shall also be added to every fine
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| 1 | | imposed upon a plea of guilty, stipulation of facts or findings | 2 | | of guilty,
resulting in a judgment of conviction, or order of | 3 | | supervision in criminal,
traffic, local ordinance, county | 4 | | ordinance, and conservation cases (except
parking, | 5 | | registration, or pedestrian violations), or upon
a sentence of | 6 | | probation without entry of judgment under Section 10 of the
| 7 | | Cannabis Control Act, Section 410 of the Illinois Controlled | 8 | | Substances Act, or Section 70 of the Methamphetamine Control | 9 | | and Community Protection Act.
| 10 | | Such additional amounts shall be assessed by the court | 11 | | imposing
the fine and shall be collected by the Circuit Clerk | 12 | | in addition to the
fine and costs in the case. Each such | 13 | | additional penalty shall be
remitted by the Circuit Clerk | 14 | | within one month after receipt to the State
Treasurer. The | 15 | | State Treasurer shall deposit $1 for each $40, or fraction
| 16 | | thereof, of fine imposed into the LEADS Maintenance Fund. The | 17 | | State Treasurer shall deposit $3 $1 for each $40, or fraction
| 18 | | thereof, of fine imposed into the Law Enforcement Camera Grant | 19 | | Fund. The remaining
surcharge amount shall be deposited into | 20 | | the Traffic and Criminal Conviction
Surcharge
Fund, unless the | 21 | | fine, costs or additional amounts are subject to
disbursement | 22 | | by the circuit clerk under Section 27.5 of the Clerks of
Courts | 23 | | Act. Such additional penalty shall not be considered a part of | 24 | | the fine
for purposes of any reduction in the fine for time | 25 | | served either before or
after sentencing.
Not later than March | 26 | | 1 of each year the Circuit Clerk
shall submit a report of the |
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| 1 | | amount of funds remitted to the State
Treasurer under this | 2 | | subsection (c) during the preceding calendar year.
Except as | 3 | | otherwise provided by Supreme Court Rules, if a court in | 4 | | imposing
a fine against an offender levies a gross
amount for | 5 | | fine, costs, fees and penalties, the amount of the additional
| 6 | | penalty provided for herein shall be computed on the amount | 7 | | remaining after
deducting from the gross amount levied all fees | 8 | | of the Circuit Clerk, the
State's Attorney and the Sheriff. | 9 | | After deducting from the gross amount
levied the fees and | 10 | | additional penalty provided for herein, less any other
| 11 | | additional penalties provided by law, the clerk shall remit the | 12 | | net balance
remaining to the entity authorized by law to | 13 | | receive the fine imposed in
the case. For purposes of this | 14 | | Section "fees of the Circuit Clerk" shall
include, if | 15 | | applicable, the fee provided for under Section 27.3a of the
| 16 | | Clerks of Courts Act and the fee, if applicable, payable to the | 17 | | county in
which the violation occurred pursuant to Section | 18 | | 5-1101 of the Counties Code.
| 19 | | (c-5) In addition to the fines imposed by subsection (c), | 20 | | any person
convicted or receiving an order of supervision for | 21 | | driving under the influence
of alcohol or drugs shall pay an | 22 | | additional $100 fee to the clerk.
This
additional fee, less 2 | 23 | | 1/2% that shall be
used to defray administrative costs incurred | 24 | | by the clerk, shall be remitted by
the clerk to the Treasurer | 25 | | within 60 days after receipt for deposit into the
Trauma Center | 26 | | Fund. This additional fee of $100 shall not be
considered a |
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| 1 | | part of
the
fine for purposes of any reduction in the fine for | 2 | | time served either before or
after sentencing.
Not later than | 3 | | March 1 of each year the Circuit Clerk
shall submit a report of | 4 | | the amount of funds remitted to the State
Treasurer under this | 5 | | subsection (c-5) during the preceding calendar year.
| 6 | | The Circuit Clerk may accept payment of fines and costs by | 7 | | credit card
from an offender who has been convicted of a | 8 | | traffic offense, petty offense
or misdemeanor and may charge | 9 | | the service fee permitted where fines and
costs are paid by | 10 | | credit card provided for in Section 27.3b of the Clerks
of | 11 | | Courts Act.
| 12 | | (c-7) In addition to the fines imposed by subsection (c), | 13 | | any person
convicted or receiving an order of supervision for | 14 | | driving under the influence
of alcohol or drugs shall pay an | 15 | | additional $5 fee to the clerk. This
additional fee, less 2 | 16 | | 1/2% that shall be
used to defray administrative costs incurred | 17 | | by the clerk, shall be remitted by
the clerk to the Treasurer | 18 | | within 60 days after receipt for deposit into the
Spinal Cord | 19 | | Injury Paralysis Cure Research Trust Fund. This additional fee | 20 | | of
$5 shall not be
considered a part of
the
fine for purposes | 21 | | of any reduction in the fine for time served either before or
| 22 | | after sentencing.
Not later than March 1 of each year the | 23 | | Circuit Clerk
shall submit a report of the amount of funds | 24 | | remitted to the State
Treasurer under this subsection (c-7) | 25 | | during the preceding calendar year.
| 26 | | (c-9) (Blank).
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| 1 | | (d) In determining the amount and method of payment of a | 2 | | fine, except
for those fines established for violations of | 3 | | Chapter 15 of the Illinois
Vehicle Code, the court shall | 4 | | consider:
| 5 | | (1) the financial resources and future ability of the | 6 | | offender to pay
the fine; and
| 7 | | (2) whether the fine will prevent the offender from | 8 | | making court ordered
restitution or reparation to the | 9 | | victim of the offense; and
| 10 | | (3) in a case where the accused is a dissolved | 11 | | corporation and the
court has appointed counsel to | 12 | | represent the corporation, the costs
incurred either by the | 13 | | county or the State for such representation.
| 14 | | (e) The court may order the fine to be paid forthwith or | 15 | | within a
specified period of time or in installments.
| 16 | | (f) All fines, costs and additional amounts imposed under | 17 | | this Section
for any violation of Chapters 3, 4, 6, and 11 of | 18 | | the Illinois Vehicle Code,
or a similar provision of a local | 19 | | ordinance, and any violation of the Child
Passenger Protection | 20 | | Act, or a similar provision of a local ordinance,
shall be | 21 | | collected and disbursed by the circuit clerk as provided under
| 22 | | Section 27.5 of the Clerks of Courts Act.
| 23 | | (Source: P.A. 94-556, eff. 9-11-05; 94-652, eff. 8-22-05; | 24 | | 94-987, eff. 6-30-06; 95-1052, eff. 7-1-09 .)".
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