Full Text of HB4462 98th General Assembly
HB4462sam001 98TH GENERAL ASSEMBLY | Sen. Martin A. Sandoval Filed: 4/30/2014
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| 1 | | AMENDMENT TO HOUSE BILL 4462
| 2 | | AMENDMENT NO. ______. Amend House Bill 4462 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Section 16-104d as follows: | 6 | | (625 ILCS 5/16-104d) | 7 | | Sec. 16-104d. Additional fee; serious traffic violation. | 8 | | Any person who is convicted of, pleads guilty to, or is placed | 9 | | on supervision for a serious traffic violation, as defined in | 10 | | Section 1-187.001 of this Code, a violation of Section 11-501 | 11 | | of this Code, or a violation of a similar provision of a local | 12 | | ordinance shall pay an additional fee of $35. Of that fee, $15 | 13 | | shall be deposited into the Fire Prevention Fund in the State | 14 | | treasury, $15 shall be deposited into the Fire Truck Revolving | 15 | | Loan Fund in the State treasury, and $5 shall be deposited into | 16 | | the Circuit Court Clerk Operation and Administrative Fund |
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| 1 | | created by the Clerk of the Circuit Court. | 2 | | This Section becomes inoperative on January 1, 2020 7 years | 3 | | after the effective date of this amendatory Act of the 95th | 4 | | General Assembly .
| 5 | | (Source: P.A. 95-154, eff. 10-13-07; 96-286, eff. 8-11-09; | 6 | | 96-1175, eff. 9-20-10.) | 7 | | Section 10. The Clerks of Courts Act is amended by changing | 8 | | Sections 27.5 and 27.6 as follows:
| 9 | | (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
| 10 | | Sec. 27.5. (a) All fees, fines, costs, additional | 11 | | penalties, bail balances
assessed or forfeited, and any other | 12 | | amount paid by a person to the circuit
clerk that equals an | 13 | | amount less than $55, except restitution under Section
5-5-6 of | 14 | | the Unified Code of Corrections, reimbursement for the costs of | 15 | | an
emergency response as provided under Section 11-501 of the | 16 | | Illinois Vehicle
Code, any fees collected for attending a | 17 | | traffic safety program under
paragraph (c) of Supreme Court | 18 | | Rule 529, any fee collected on behalf of a
State's Attorney | 19 | | under Section 4-2002 of the Counties Code or a sheriff under
| 20 | | Section 4-5001 of the Counties Code, or any cost imposed under | 21 | | Section 124A-5
of the Code of Criminal Procedure of 1963, for | 22 | | convictions, orders of
supervision, or any other disposition | 23 | | for a violation of Chapters 3, 4, 6,
11, and 12 of the Illinois | 24 | | Vehicle Code, or a similar provision of a local
ordinance, and |
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| 1 | | any violation of the Child Passenger Protection Act, or a
| 2 | | similar provision of a local ordinance, and except as otherwise | 3 | | provided in this Section, shall be disbursed within 60 days | 4 | | after receipt by the circuit
clerk as follows: 47% shall be | 5 | | disbursed to the entity authorized by law to
receive the fine | 6 | | imposed in the case; 12% shall be disbursed to the State
| 7 | | Treasurer; and 41% shall be disbursed to the county's general | 8 | | corporate fund.
Of the 12% disbursed to the State Treasurer, | 9 | | 1/6 shall be deposited by the
State Treasurer into the Violent | 10 | | Crime Victims Assistance Fund, 1/2 shall be
deposited into the | 11 | | Traffic and Criminal Conviction Surcharge Fund, and 1/3
shall | 12 | | be deposited into the Drivers Education Fund. For fiscal years | 13 | | 1992 and
1993, amounts deposited into the Violent Crime Victims | 14 | | Assistance Fund, the
Traffic and Criminal Conviction Surcharge | 15 | | Fund, or the Drivers Education Fund
shall not exceed 110% of | 16 | | the amounts deposited into those funds in fiscal year
1991. Any | 17 | | amount that exceeds the 110% limit shall be distributed as | 18 | | follows:
50% shall be disbursed to the county's general | 19 | | corporate fund and 50% shall be
disbursed to the entity | 20 | | authorized by law to receive the fine imposed in the
case. Not | 21 | | later than March 1 of each year the circuit clerk
shall submit | 22 | | a report of the amount of funds remitted to the State
Treasurer | 23 | | under this Section during the preceding year based upon
| 24 | | independent verification of fines and fees. All counties shall | 25 | | be subject
to this Section, except that counties with a | 26 | | population under 2,000,000
may, by ordinance, elect not to be |
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| 1 | | subject to this Section. For offenses
subject to this Section, | 2 | | judges shall impose one total sum of money payable
for | 3 | | violations. The circuit clerk may add on no additional amounts | 4 | | except
for amounts that are required by Sections 27.3a and | 5 | | 27.3c of
this Act, Section 16-104c of the Illinois Vehicle | 6 | | Code, and subsection (a) of Section 5-1101 of the Counties | 7 | | Code, unless those amounts are specifically waived by the | 8 | | judge. With
respect to money collected by the circuit clerk as | 9 | | a result of
forfeiture of bail, ex parte judgment or guilty | 10 | | plea pursuant to Supreme
Court Rule 529, the circuit clerk | 11 | | shall first deduct and pay amounts
required by Sections 27.3a | 12 | | and 27.3c of this Act. Unless a court ordered payment schedule | 13 | | is implemented or fee requirements are waived pursuant to a | 14 | | court order, the circuit clerk may add to any unpaid fees and | 15 | | costs a delinquency amount equal to 5% of the unpaid fees that | 16 | | remain unpaid after 30 days, 10% of the unpaid fees that remain | 17 | | unpaid after 60 days, and 15% of the unpaid fees that remain | 18 | | unpaid after 90 days. Notice to those parties may be made by | 19 | | signage posting or publication. The additional delinquency | 20 | | amounts collected under this Section shall be deposited in the | 21 | | Circuit Court Clerk Operation and Administrative Fund to be | 22 | | used to defray administrative costs incurred by the circuit | 23 | | clerk in performing the duties required to collect and disburse | 24 | | funds. This Section is a denial
and limitation of home rule | 25 | | powers and functions under subsection (h) of
Section 6 of | 26 | | Article VII of the Illinois Constitution.
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| 1 | | (b) 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 or 48-1 of the Criminal Code | 7 | | of
1961 or the Criminal Code of 2012;
| 8 | | (2) 20% of the amounts collected for Class A and Class | 9 | | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | 10 | | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | 11 | | for Animals Act and Section 26-5 or 48-1 of the Criminal
| 12 | | Code of 1961 or the Criminal Code of 2012; and
| 13 | | (3) 50% of the amounts collected for Class C | 14 | | misdemeanors under
Sections 4.01 and 7.1 of the Humane Care | 15 | | for Animals Act and Section 26-5
or 48-1 of the Criminal | 16 | | Code of 1961 or the Criminal Code of 2012.
| 17 | | (c) Any person who receives a disposition of court | 18 | | supervision for a violation of the Illinois Vehicle Code or a | 19 | | similar provision of a local ordinance shall, in addition to | 20 | | any other fines, fees, and court costs, pay an additional fee | 21 | | of $29, to be disbursed as provided in Section 16-104c of the | 22 | | Illinois Vehicle Code. In addition to the fee of $29, the | 23 | | person shall also pay a fee of $6, if not waived by the court. | 24 | | If this $6 fee is collected, $5.50 of the fee shall be | 25 | | deposited into the Circuit Court Clerk Operation and | 26 | | Administrative Fund created by the Clerk of the Circuit Court |
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| 1 | | and 50 cents of the fee shall be deposited into the Prisoner | 2 | | Review Board Vehicle and Equipment Fund in the State treasury. | 3 | | (d) Any person convicted of, pleading guilty to, or placed | 4 | | on supervision for a serious traffic violation, as defined in | 5 | | Section 1-187.001 of the Illinois Vehicle Code, a violation of | 6 | | Section 11-501 of the Illinois Vehicle Code, or a violation of | 7 | | a similar provision of a local ordinance shall pay an | 8 | | additional fee of $35, to be disbursed as provided in Section | 9 | | 16-104d of that Code. | 10 | | This subsection (d) becomes inoperative on January 1, 2020 | 11 | | 7 years after the effective date of Public Act 95-154 .
| 12 | | (e) In all counties having a population of 3,000,000 or | 13 | | more inhabitants: | 14 | | (1) A person who is found guilty of or pleads guilty to | 15 | | violating subsection (a) of Section 11-501 of the Illinois | 16 | | Vehicle Code, including any person placed on court | 17 | | supervision for violating subsection (a), shall be fined | 18 | | $750 as provided for by subsection (f) of Section 11-501.01 | 19 | | of the Illinois Vehicle Code, payable to the circuit clerk, | 20 | | who shall distribute the money pursuant to subsection (f) | 21 | | of Section 11-501.01 of the Illinois Vehicle Code. | 22 | | (2) When a crime laboratory DUI analysis fee of $150, | 23 | | provided for by Section 5-9-1.9 of the Unified Code of | 24 | | Corrections is assessed, it shall be disbursed by the | 25 | | circuit clerk as provided by subsection (f) of Section | 26 | | 5-9-1.9 of the Unified Code of Corrections. |
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| 1 | | (3) When a fine for a violation of subsection (a) of | 2 | | Section 11-605 of the Illinois Vehicle Code is $150 or | 3 | | greater, the additional $50 which is charged as provided | 4 | | for by subsection (f) of Section 11-605 of the Illinois | 5 | | Vehicle Code shall be disbursed by the circuit clerk to a | 6 | | school district or districts for school safety purposes as | 7 | | provided by subsection (f) of Section 11-605. | 8 | | (4) When a fine for a violation of subsection (a) of | 9 | | Section 11-1002.5 of the Illinois Vehicle Code is $150 or | 10 | | greater, the additional $50 which is charged as provided | 11 | | for by subsection (c) of Section 11-1002.5 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 (c) of Section 11-1002.5 of the | 15 | | Illinois Vehicle Code. | 16 | | (5) When a mandatory drug court fee of up to $5 is | 17 | | assessed as provided in subsection (f) of Section 5-1101 of | 18 | | the Counties Code, it shall be disbursed by the circuit | 19 | | clerk as provided in subsection (f) of Section 5-1101 of | 20 | | the Counties Code. | 21 | | (6) When a mandatory teen court, peer jury, youth | 22 | | court, or other youth diversion program fee is assessed as | 23 | | provided in subsection (e) of Section 5-1101 of the | 24 | | Counties Code, it shall be disbursed by the circuit clerk | 25 | | as provided in subsection (e) of Section 5-1101 of the | 26 | | Counties Code. |
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| 1 | | (7) When a Children's Advocacy Center fee is assessed | 2 | | pursuant to subsection (f-5) of Section 5-1101 of the | 3 | | Counties Code, it shall be disbursed by the circuit clerk | 4 | | as provided in subsection (f-5) of Section 5-1101 of the | 5 | | Counties Code. | 6 | | (8) When a victim impact panel fee is assessed pursuant | 7 | | to subsection (b) of Section 11-501.01 of the Illinois | 8 | | Vehicle Code, it shall be disbursed by the circuit clerk to | 9 | | the victim impact panel to be
attended by the defendant. | 10 | | (9) When a new fee collected in traffic cases is | 11 | | enacted after January 1, 2010 (the effective date of Public | 12 | | Act 96-735), it shall be excluded from the percentage | 13 | | disbursement provisions of this Section unless otherwise | 14 | | indicated by law. | 15 | | (f) Any person who receives a disposition of court | 16 | | supervision for a violation of Section 11-501 of the Illinois | 17 | | Vehicle Code shall, in addition to any other fines, fees, and | 18 | | court costs, pay an additional fee of $50, which shall
be | 19 | | collected by the circuit clerk and then remitted to the State | 20 | | Treasurer for deposit into the Roadside Memorial Fund, a | 21 | | special fund in the State treasury. However, the court may | 22 | | waive the fee if full restitution is complied with. Subject to | 23 | | appropriation, all moneys in the Roadside Memorial Fund shall | 24 | | be used by the Department of Transportation to pay fees imposed | 25 | | under subsection (f) of Section 20 of the Roadside Memorial | 26 | | Act. The fee shall be remitted by the circuit clerk within one |
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| 1 | | month after receipt to the State Treasurer for deposit into the | 2 | | Roadside Memorial Fund. | 3 | | (g) For any conviction or disposition of court supervision | 4 | | for a violation of Section 11-1429 of the Illinois Vehicle | 5 | | Code, the circuit clerk shall distribute the fines paid by the | 6 | | person as specified by subsection (h) of Section 11-1429 of the | 7 | | Illinois Vehicle Code. | 8 | | (Source: P.A. 96-286, eff. 8-11-09; 96-576, eff. 8-18-09; | 9 | | 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-735, eff. 1-1-10; | 10 | | 96-1000, eff. 7-2-10; 96-1175, eff. 9-20-10; 96-1342, eff. | 11 | | 1-1-11; 97-333, eff. 8-12-11; 97-1108, eff. 1-1-13; 97-1150, | 12 | | eff. 1-25-13.)
| 13 | | (705 ILCS 105/27.6)
| 14 | | (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625, | 15 | | 96-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, and | 16 | | 97-1150) | 17 | | Sec. 27.6. (a) All fees, fines, costs, additional | 18 | | penalties, bail balances
assessed or forfeited, and any other | 19 | | amount paid by a person to the circuit
clerk equalling an | 20 | | amount of $55 or more, except the fine imposed by Section | 21 | | 5-9-1.15
of the Unified Code of Corrections, the additional fee | 22 | | required
by subsections (b) and (c), restitution under Section | 23 | | 5-5-6 of the
Unified Code of Corrections, contributions to a | 24 | | local anti-crime program ordered pursuant to Section | 25 | | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of |
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| 1 | | Corrections, reimbursement for the costs of an emergency
| 2 | | response as provided under Section 11-501 of the Illinois | 3 | | Vehicle Code,
any fees collected for attending a traffic safety | 4 | | program under paragraph (c)
of Supreme Court Rule 529, any fee | 5 | | collected on behalf of a State's Attorney
under Section 4-2002 | 6 | | of the Counties Code or a sheriff under Section 4-5001
of the | 7 | | Counties Code, or any cost imposed under Section 124A-5 of the | 8 | | Code of
Criminal Procedure of 1963, for convictions, orders of | 9 | | supervision, or any
other disposition for a violation of | 10 | | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | 11 | | similar provision of a local ordinance, and any
violation of | 12 | | the Child Passenger Protection Act, or a similar provision of a
| 13 | | local ordinance, and except as otherwise provided in this | 14 | | Section
shall be disbursed
within 60 days after receipt by the | 15 | | circuit
clerk as follows: 44.5% shall be disbursed to the | 16 | | entity authorized by law to
receive the fine imposed in the | 17 | | case; 16.825% shall be disbursed to the State
Treasurer; and | 18 | | 38.675% shall be disbursed to the county's general corporate
| 19 | | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | 20 | | shall be deposited
by the State Treasurer into the Violent | 21 | | Crime Victims Assistance Fund, 5.052/17
shall be deposited into | 22 | | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall | 23 | | be deposited into the Drivers Education Fund, and 6.948/17 | 24 | | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 | 25 | | deposited into the
Trauma Center Fund from the 16.825% | 26 | | disbursed to the State Treasurer, 50% shall
be disbursed to the |
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| 1 | | Department of Public Health and 50% shall be disbursed to
the | 2 | | Department of Healthcare and Family Services. For fiscal year | 3 | | 1993, amounts deposited into
the Violent Crime Victims | 4 | | Assistance Fund, the Traffic and Criminal
Conviction Surcharge | 5 | | Fund, or the Drivers Education Fund shall not exceed 110%
of | 6 | | the amounts deposited into those funds in fiscal year 1991. Any
| 7 | | amount that exceeds the 110% limit shall be distributed as | 8 | | follows: 50%
shall be disbursed to the county's general | 9 | | corporate fund and 50% shall be
disbursed to the entity | 10 | | authorized by law to receive the fine imposed in
the case. Not | 11 | | later than March 1 of each year the circuit clerk
shall submit | 12 | | a report of the amount of funds remitted to the State
Treasurer | 13 | | under this Section during the preceding year based upon
| 14 | | independent verification of fines and fees. All counties shall | 15 | | be subject
to this Section, except that counties with a | 16 | | population under 2,000,000
may, by ordinance, elect not to be | 17 | | subject to this Section. For offenses
subject to this Section, | 18 | | judges shall impose one total sum of money payable
for | 19 | | violations. The circuit clerk may add on no additional amounts | 20 | | except
for amounts that are required by Sections 27.3a and | 21 | | 27.3c of
this Act, unless those amounts are specifically waived | 22 | | by the judge. With
respect to money collected by the circuit | 23 | | clerk as a result of
forfeiture of bail, ex parte judgment or | 24 | | guilty plea pursuant to Supreme
Court Rule 529, the circuit | 25 | | clerk shall first deduct and pay amounts
required by Sections | 26 | | 27.3a and 27.3c of this Act. This Section is a denial
and |
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| 1 | | limitation of home rule powers and functions under subsection | 2 | | (h) of
Section 6 of Article VII of the Illinois Constitution.
| 3 | | (b) In addition to any other fines and court costs assessed | 4 | | by the courts,
any person convicted or receiving an order of | 5 | | supervision for driving under
the influence of alcohol or drugs | 6 | | shall pay an additional fee of $100 to the
clerk of the circuit | 7 | | court. This amount, less 2 1/2% that shall be used to
defray | 8 | | administrative costs incurred by the clerk, shall be remitted | 9 | | by the
clerk to the Treasurer within 60 days after receipt for | 10 | | deposit into the Trauma
Center Fund. This additional fee of | 11 | | $100 shall not be considered a part of the
fine for purposes of | 12 | | any reduction in the fine for time served either before or
| 13 | | after sentencing. Not later than March 1 of each year the | 14 | | Circuit Clerk shall
submit a report of the amount of funds | 15 | | remitted to the State Treasurer under
this subsection during | 16 | | the preceding calendar year.
| 17 | | (b-1) In addition to any other fines and court costs | 18 | | assessed by the courts,
any person convicted or receiving an | 19 | | order of supervision for driving under the
influence of alcohol | 20 | | or drugs shall pay an additional fee of $5 to the clerk
of the | 21 | | circuit court. This amount, less
2 1/2% that shall be used to | 22 | | defray administrative costs incurred by the clerk,
shall be | 23 | | remitted by the clerk to the Treasurer within 60 days after | 24 | | receipt
for deposit into the Spinal Cord Injury Paralysis Cure | 25 | | Research Trust Fund.
This additional fee of $5 shall not
be | 26 | | considered a part of the fine for purposes of any reduction in |
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| 1 | | the fine for
time served either before or after sentencing. Not | 2 | | later than March 1 of each
year the Circuit Clerk shall submit | 3 | | a report of the amount of funds remitted to
the State Treasurer | 4 | | under this subsection during the preceding calendar
year.
| 5 | | (c) In addition to any other fines and court costs assessed | 6 | | by the courts,
any person convicted for a violation of Sections | 7 | | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or the | 8 | | Criminal Code of 2012 or a person sentenced for a violation of | 9 | | the Cannabis
Control Act, the Illinois Controlled Substances | 10 | | Act, or the Methamphetamine Control and Community Protection | 11 | | Act
shall pay an additional fee of $100 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 Trauma Center Fund. This | 16 | | additional fee of $100 shall not
be considered a part of the | 17 | | fine for purposes of any reduction in the fine for
time served | 18 | | either before or after sentencing. Not later than March 1 of | 19 | | each
year the Circuit Clerk shall submit a report of the amount | 20 | | of funds remitted to
the State Treasurer under this subsection | 21 | | 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 or 48-1 of the Criminal Code | 17 | | of
1961 or the Criminal Code of 2012;
| 18 | | (2) 20% of the amounts collected for Class A and Class | 19 | | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | 20 | | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | 21 | | for Animals Act and Section 26-5 or 48-1 of the Criminal
| 22 | | Code of 1961 or the Criminal Code of 2012; and
| 23 | | (3) 50% of the amounts collected for Class C | 24 | | misdemeanors under Sections
4.01 and 7.1 of the Humane Care | 25 | | for Animals Act and Section 26-5 or 48-1 of the
Criminal | 26 | | Code of 1961 or the Criminal Code of 2012.
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| 1 | | (e) Any person who receives a disposition of court | 2 | | supervision for a violation of the Illinois Vehicle Code or a | 3 | | similar provision of a local ordinance shall, in addition to | 4 | | any other fines, fees, and court costs, pay an additional fee | 5 | | of $29, to be disbursed as provided in Section 16-104c of the | 6 | | Illinois Vehicle Code. In addition to the fee of $29, the | 7 | | person shall also pay a fee of $6, if not waived by the court. | 8 | | If this $6 fee is collected, $5.50 of the fee shall be | 9 | | deposited into the Circuit Court Clerk Operation and | 10 | | Administrative Fund created by the Clerk of the Circuit Court | 11 | | and 50 cents of the fee shall be deposited into the Prisoner | 12 | | Review Board Vehicle and Equipment Fund in the State treasury.
| 13 | | (f) This Section does not apply to the additional child | 14 | | pornography fines assessed and collected under Section | 15 | | 5-9-1.14 of the Unified Code of Corrections.
| 16 | | (g) (Blank). | 17 | | (h) (Blank). | 18 | | (i)
Of the amounts collected as fines under subsection (b) | 19 | | of Section 3-712 of the Illinois Vehicle Code, 99% shall be | 20 | | deposited into the Illinois Military Family Relief Fund and 1% | 21 | | shall be deposited into the Circuit Court Clerk Operation and | 22 | | Administrative Fund created by the Clerk of the Circuit Court | 23 | | to be used to offset the costs incurred by the Circuit Court | 24 | | Clerk in performing the additional duties required to collect | 25 | | and disburse funds to entities of State and local government as | 26 | | provided by law.
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| 1 | | (j) Any person convicted of, pleading guilty to, or placed | 2 | | on supervision for a serious traffic violation, as defined in | 3 | | Section 1-187.001 of the Illinois Vehicle Code, a violation of | 4 | | Section 11-501 of the Illinois Vehicle Code, or a violation of | 5 | | a similar provision of a local ordinance shall pay an | 6 | | additional fee of $35, to be disbursed as provided in Section | 7 | | 16-104d of that Code. | 8 | | This subsection (j) becomes inoperative on January 1, 2020 | 9 | | 7 years after the effective date of Public Act 95-154 . | 10 | | (k) For any conviction or disposition of court supervision | 11 | | for a violation of Section 11-1429 of the Illinois Vehicle | 12 | | Code, the circuit clerk shall distribute the fines paid by the | 13 | | person as specified by subsection (h) of Section 11-1429 of the | 14 | | Illinois Vehicle Code. | 15 | | (l) Any person who receives a disposition of court | 16 | | supervision for a violation of Section 11-501 of the Illinois | 17 | | Vehicle Code or a similar provision of a local ordinance shall, | 18 | | in addition to any other fines, fees, and court costs, pay an | 19 | | additional fee of $50, which shall
be collected by the circuit | 20 | | clerk and then remitted to the State Treasurer for deposit into | 21 | | the Roadside Memorial Fund, a special fund in the State | 22 | | treasury. However, the court may waive the fee if full | 23 | | restitution is complied with. Subject to appropriation, all | 24 | | moneys in the Roadside Memorial Fund shall be used by the | 25 | | Department of Transportation to pay fees imposed under | 26 | | subsection (f) of Section 20 of the Roadside Memorial Act. The |
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| 1 | | fee shall be remitted by the circuit clerk within one month | 2 | | after receipt to the State Treasurer for deposit into the | 3 | | Roadside Memorial Fund. | 4 | | (m) Of the amounts collected as fines under subsection (c) | 5 | | of Section 411.4 of the Illinois Controlled Substances Act or | 6 | | subsection (c) of Section 90 of the Methamphetamine Control and | 7 | | Community Protection Act, 99% shall be deposited to the law | 8 | | enforcement agency or fund specified and 1% shall be deposited | 9 | | into the Circuit Court Clerk Operation and Administrative Fund | 10 | | to be used to offset the costs incurred by the Circuit Court | 11 | | Clerk in performing the additional duties required to collect | 12 | | and disburse funds to entities of State and local government as | 13 | | provided by law. | 14 | | (n) In addition to any other fines and court costs assessed | 15 | | by the courts, any person who is convicted of or pleads guilty | 16 | | to a violation of the Criminal Code of 1961 or the Criminal | 17 | | Code of 2012, or a similar provision of a local ordinance, or | 18 | | who is convicted of, pleads guilty to, or receives a | 19 | | disposition of court supervision for a violation of the | 20 | | Illinois Vehicle Code, or a similar provision of a local | 21 | | ordinance, shall pay an additional fee of $15 to the clerk of | 22 | | the circuit court. This additional fee of $15 shall not be | 23 | | considered a part of the fine for purposes of any reduction in | 24 | | the fine for time served either before or after sentencing. | 25 | | This amount, less 2.5% that shall be used to defray | 26 | | administrative costs incurred by the clerk, shall be remitted |
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| 1 | | by the clerk to the State Treasurer within 60 days after | 2 | | receipt for deposit into the State Police Merit Board Public | 3 | | Safety Fund. | 4 | | (Source: P.A. 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428, | 5 | | eff. 8-24-07; 95-600, eff. 6-1-08; 95-876, eff. 8-21-08; | 6 | | 96-286, eff. 8-11-09; 96-576, eff. 8-18-09; 96-578, eff. | 7 | | 8-18-09; 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-1175, | 8 | | eff. 9-20-10; 96-1342, eff. 1-1-11; 97-1051, eff. 1-1-13; | 9 | | 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.) | 10 | | (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667, | 11 | | 96-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, and | 12 | | 97-1150) | 13 | | Sec. 27.6. (a) All fees, fines, costs, additional | 14 | | penalties, bail balances
assessed or forfeited, and any other | 15 | | amount paid by a person to the circuit
clerk equalling an | 16 | | amount of $55 or more, except the fine imposed by Section | 17 | | 5-9-1.15
of the Unified Code of Corrections, the additional fee | 18 | | required
by subsections (b) and (c), restitution under Section | 19 | | 5-5-6 of the
Unified Code of Corrections, contributions to a | 20 | | local anti-crime program ordered pursuant to Section | 21 | | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | 22 | | Corrections, reimbursement for the costs of an emergency
| 23 | | response as provided under Section 11-501 of the Illinois | 24 | | Vehicle Code,
any fees collected for attending a traffic safety | 25 | | program under paragraph (c)
of Supreme Court Rule 529, any fee |
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| 1 | | collected on behalf of a State's Attorney
under Section 4-2002 | 2 | | of the Counties Code or a sheriff under Section 4-5001
of the | 3 | | Counties Code, or any cost imposed under Section 124A-5 of the | 4 | | Code of
Criminal Procedure of 1963, for convictions, orders of | 5 | | supervision, or any
other disposition for a violation of | 6 | | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | 7 | | similar provision of a local ordinance, and any
violation of | 8 | | the Child Passenger Protection Act, or a similar provision of a
| 9 | | local ordinance, and except as otherwise provided in this | 10 | | Section
shall be disbursed
within 60 days after receipt by the | 11 | | circuit
clerk as follows: 44.5% shall be disbursed to the | 12 | | entity authorized by law to
receive the fine imposed in the | 13 | | case; 16.825% shall be disbursed to the State
Treasurer; and | 14 | | 38.675% shall be disbursed to the county's general corporate
| 15 | | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | 16 | | shall be deposited
by the State Treasurer into the Violent | 17 | | Crime Victims Assistance Fund, 5.052/17
shall be deposited into | 18 | | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall | 19 | | be deposited into the Drivers Education Fund, and 6.948/17 | 20 | | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 | 21 | | deposited into the
Trauma Center Fund from the 16.825% | 22 | | disbursed to the State Treasurer, 50% shall
be disbursed to the | 23 | | Department of Public Health and 50% shall be disbursed to
the | 24 | | Department of Healthcare and Family Services. For fiscal year | 25 | | 1993, amounts deposited into
the Violent Crime Victims | 26 | | Assistance Fund, the Traffic and Criminal
Conviction Surcharge |
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| 1 | | Fund, or the Drivers Education Fund shall not exceed 110%
of | 2 | | the amounts deposited into those funds in fiscal year 1991. Any
| 3 | | amount that exceeds the 110% limit shall be distributed as | 4 | | follows: 50%
shall be disbursed to the county's general | 5 | | corporate fund and 50% shall be
disbursed to the entity | 6 | | authorized by law to receive the fine imposed in
the case. Not | 7 | | later than March 1 of each year the circuit clerk
shall submit | 8 | | a report of the amount of funds remitted to the State
Treasurer | 9 | | under this Section during the preceding year based upon
| 10 | | independent verification of fines and fees. All counties shall | 11 | | be subject
to this Section, except that counties with a | 12 | | population under 2,000,000
may, by ordinance, elect not to be | 13 | | subject to this Section. For offenses
subject to this Section, | 14 | | judges shall impose one total sum of money payable
for | 15 | | violations. The circuit clerk may add on no additional amounts | 16 | | except
for amounts that are required by Sections 27.3a and | 17 | | 27.3c of
this Act, Section 16-104c of the Illinois Vehicle | 18 | | Code, and subsection (a) of Section 5-1101 of the Counties | 19 | | Code, unless those amounts are specifically waived by the | 20 | | judge. With
respect to money collected by the circuit clerk as | 21 | | a result of
forfeiture of bail, ex parte judgment or guilty | 22 | | plea pursuant to Supreme
Court Rule 529, the circuit clerk | 23 | | shall first deduct and pay amounts
required by Sections 27.3a | 24 | | and 27.3c of this Act. Unless a court ordered payment schedule | 25 | | is implemented or fee requirements are waived pursuant to court | 26 | | order, the clerk of the court may add to any unpaid fees and |
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| 1 | | costs a delinquency amount equal to 5% of the unpaid fees that | 2 | | remain unpaid after 30 days, 10% of the unpaid fees that remain | 3 | | unpaid after 60 days, and 15% of the unpaid fees that remain | 4 | | unpaid after 90 days. Notice to those parties may be made by | 5 | | signage posting or publication. The additional delinquency | 6 | | amounts collected under this Section shall be deposited in the | 7 | | Circuit Court Clerk Operation and Administrative Fund to be | 8 | | used to defray administrative costs incurred by the circuit | 9 | | clerk in performing the duties required to collect and disburse | 10 | | funds. This Section is a denial
and limitation of home rule | 11 | | powers and functions under subsection (h) of
Section 6 of | 12 | | Article VII of the Illinois Constitution.
| 13 | | (b) In addition to any other fines and court costs assessed | 14 | | by the courts,
any person convicted or receiving an order of | 15 | | supervision for driving under
the influence of alcohol or drugs | 16 | | shall pay an additional fee of $100 to the
clerk of the circuit | 17 | | court. This amount, less 2 1/2% that shall be used to
defray | 18 | | administrative costs incurred by the clerk, shall be remitted | 19 | | by the
clerk to the Treasurer within 60 days after receipt for | 20 | | deposit into the Trauma
Center Fund. This additional fee of | 21 | | $100 shall not be considered a part of the
fine for purposes of | 22 | | any reduction in the fine for time served either before or
| 23 | | after sentencing. Not later than March 1 of each year the | 24 | | Circuit Clerk shall
submit a report of the amount of funds | 25 | | remitted to the State Treasurer under
this subsection during | 26 | | the preceding calendar year.
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| 1 | | (b-1) In addition to any other fines and court costs | 2 | | assessed by the courts,
any person convicted or receiving an | 3 | | order of supervision for driving under the
influence of alcohol | 4 | | or drugs shall pay an additional fee of $5 to the clerk
of the | 5 | | circuit court. This amount, less
2 1/2% that shall be used to | 6 | | defray administrative costs incurred by the clerk,
shall be | 7 | | remitted by the clerk to the Treasurer within 60 days after | 8 | | receipt
for deposit into the Spinal Cord Injury Paralysis Cure | 9 | | Research Trust Fund.
This additional fee of $5 shall not
be | 10 | | considered a part of the fine for purposes of any reduction in | 11 | | the fine for
time served either before or after sentencing. Not | 12 | | later than March 1 of each
year the Circuit Clerk shall submit | 13 | | a report of the amount of funds remitted to
the State Treasurer | 14 | | under this subsection during the preceding calendar
year.
| 15 | | (c) In addition to any other fines and court costs assessed | 16 | | by the courts,
any person convicted for a violation of Sections | 17 | | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or the | 18 | | Criminal Code of 2012 or a person sentenced for a violation of | 19 | | the Cannabis
Control Act, the Illinois Controlled Substances | 20 | | Act, or the Methamphetamine Control and Community Protection | 21 | | Act
shall pay an additional fee of $100 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 Trauma Center Fund. This | 26 | | additional fee of $100 shall not
be considered a part of the |
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| 1 | | fine for purposes of any reduction in the fine for
time served | 2 | | either before or after sentencing. Not later than March 1 of | 3 | | each
year the Circuit Clerk shall submit a report of the amount | 4 | | of funds remitted to
the State Treasurer under this subsection | 5 | | during the preceding calendar year.
| 6 | | (c-1) In addition to any other fines and court costs | 7 | | assessed by the
courts, any person sentenced for a violation of | 8 | | the Cannabis Control Act,
the Illinois Controlled Substances | 9 | | Act, or the Methamphetamine Control and Community Protection | 10 | | Act shall pay an additional fee of $5 to the
clerk of the | 11 | | circuit court. This amount, less 2 1/2% that shall be used to
| 12 | | defray administrative costs incurred by the clerk, shall be | 13 | | remitted by the
clerk to the Treasurer within 60 days after | 14 | | receipt for deposit into the Spinal
Cord Injury Paralysis Cure | 15 | | Research Trust Fund. This additional fee of $5
shall not be | 16 | | considered a part of the fine for purposes of any reduction in | 17 | | the
fine for time served either before or after sentencing. Not | 18 | | later than March 1
of each year the Circuit Clerk shall submit | 19 | | a report of the amount of funds
remitted to the State Treasurer | 20 | | under this subsection during the preceding
calendar year.
| 21 | | (d) The following amounts must be remitted to the State | 22 | | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| 23 | | (1) 50% of the amounts collected for felony offenses | 24 | | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | 25 | | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | 26 | | Animals Act and Section 26-5 or 48-1 of the Criminal Code |
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| 1 | | of
1961 or the Criminal Code of 2012;
| 2 | | (2) 20% of the amounts collected for Class A and Class | 3 | | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | 4 | | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | 5 | | for Animals Act and Section 26-5 or 48-1 of the Criminal
| 6 | | Code of 1961 or the Criminal Code of 2012; and
| 7 | | (3) 50% of the amounts collected for Class C | 8 | | misdemeanors under Sections
4.01 and 7.1 of the Humane Care | 9 | | for Animals Act and Section 26-5 or 48-1 of the
Criminal | 10 | | Code of 1961 or the Criminal Code of 2012.
| 11 | | (e) Any person who receives a disposition of court | 12 | | supervision for a violation of the Illinois Vehicle Code or a | 13 | | similar provision of a local ordinance shall, in addition to | 14 | | any other fines, fees, and court costs, pay an additional fee | 15 | | of $29, to be disbursed as provided in Section 16-104c of the | 16 | | Illinois Vehicle Code. In addition to the fee of $29, the | 17 | | person shall also pay a fee of $6, if not waived by the court. | 18 | | If this $6 fee is collected, $5.50 of the fee shall be | 19 | | deposited into the Circuit Court Clerk Operation and | 20 | | Administrative Fund created by the Clerk of the Circuit Court | 21 | | and 50 cents of the fee shall be deposited into the Prisoner | 22 | | Review Board Vehicle and Equipment Fund in the State treasury.
| 23 | | (f) This Section does not apply to the additional child | 24 | | pornography fines assessed and collected under Section | 25 | | 5-9-1.14 of the Unified Code of Corrections.
| 26 | | (g) Any person convicted of or pleading guilty to a serious |
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| 1 | | traffic violation, as defined in Section 1-187.001 of the | 2 | | Illinois Vehicle Code, shall pay an additional fee of $35, to | 3 | | be disbursed as provided in Section 16-104d of that Code. This | 4 | | subsection (g) becomes inoperative on January 1, 2020 7 years | 5 | | after the effective date of Public Act 95-154 . | 6 | | (h) In all counties having a population of 3,000,000 or | 7 | | more inhabitants, | 8 | | (1) A person who is found guilty of or pleads guilty to | 9 | | violating subsection (a) of Section 11-501 of the Illinois | 10 | | Vehicle Code, including any person placed on court | 11 | | supervision for violating subsection (a), shall be fined | 12 | | $750 as provided for by subsection (f) of Section 11-501.01 | 13 | | of the Illinois Vehicle Code, payable to the circuit clerk, | 14 | | who shall distribute the money pursuant to subsection (f) | 15 | | of Section 11-501.01 of the Illinois Vehicle Code. | 16 | | (2) When a crime laboratory DUI analysis fee of $150, | 17 | | provided for by Section 5-9-1.9 of the Unified Code of | 18 | | Corrections is assessed, it shall be disbursed by the | 19 | | circuit clerk as provided by subsection (f) of Section | 20 | | 5-9-1.9 of the Unified Code of Corrections. | 21 | | (3) When a fine for a violation of Section 11-605.1 of | 22 | | the Illinois Vehicle Code is $250 or greater, the person | 23 | | who violated that Section shall be charged an additional | 24 | | $125 as provided for by subsection (e) of Section 11-605.1 | 25 | | of the Illinois Vehicle Code, which shall be disbursed by | 26 | | the circuit clerk to a State or county Transportation |
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| 1 | | Safety Highway Hire-back Fund as provided by subsection (e) | 2 | | of Section 11-605.1 of the Illinois Vehicle Code. | 3 | | (4) When a fine for a violation of subsection (a) of | 4 | | Section 11-605 of the Illinois Vehicle Code is $150 or | 5 | | greater, the additional $50 which is charged as provided | 6 | | for by subsection (f) of Section 11-605 of the Illinois | 7 | | Vehicle Code shall be disbursed by the circuit clerk to a | 8 | | school district or districts for school safety purposes as | 9 | | provided by subsection (f) of Section 11-605. | 10 | | (5) When a fine for a violation of subsection (a) of | 11 | | Section 11-1002.5 of the Illinois Vehicle Code is $150 or | 12 | | greater, the additional $50 which is charged as provided | 13 | | for by subsection (c) of Section 11-1002.5 of the Illinois | 14 | | Vehicle Code shall be disbursed by the circuit clerk to a | 15 | | school district or districts for school safety purposes as | 16 | | provided by subsection (c) of Section 11-1002.5 of the | 17 | | Illinois Vehicle Code. | 18 | | (6) When a mandatory drug court fee of up to $5 is | 19 | | assessed as provided in subsection (f) of Section 5-1101 of | 20 | | the Counties Code, it shall be disbursed by the circuit | 21 | | clerk as provided in subsection (f) of Section 5-1101 of | 22 | | the Counties Code. | 23 | | (7) When a mandatory teen court, peer jury, youth | 24 | | court, or other youth diversion program fee is assessed as | 25 | | provided in subsection (e) of Section 5-1101 of the | 26 | | Counties Code, it shall be disbursed by the circuit clerk |
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| 1 | | as provided in subsection (e) of Section 5-1101 of the | 2 | | Counties Code. | 3 | | (8) When a Children's Advocacy Center fee is assessed | 4 | | pursuant to subsection (f-5) of Section 5-1101 of the | 5 | | Counties Code, it shall be disbursed by the circuit clerk | 6 | | as provided in subsection (f-5) of Section 5-1101 of the | 7 | | Counties Code. | 8 | | (9) When a victim impact panel fee is assessed pursuant | 9 | | to subsection (b) of Section 11-501.01 of the Vehicle Code, | 10 | | it shall be disbursed by the circuit clerk to the victim | 11 | | impact panel to be attended by the defendant. | 12 | | (10) When a new fee collected in traffic cases is | 13 | | enacted after the effective date of this subsection (h), it | 14 | | shall be excluded from the percentage disbursement | 15 | | provisions of this Section unless otherwise indicated by | 16 | | law. | 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) (Blank). |
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| 1 | | (k) For any conviction or disposition of court supervision | 2 | | for a violation of Section 11-1429 of the Illinois Vehicle | 3 | | Code, the circuit clerk shall distribute the fines paid by the | 4 | | person as specified by subsection (h) of Section 11-1429 of the | 5 | | Illinois Vehicle Code. | 6 | | (l) Any person who receives a disposition of court | 7 | | supervision for a violation of Section 11-501 of the Illinois | 8 | | Vehicle Code or a similar provision of a local ordinance shall, | 9 | | in addition to any other fines, fees, and court costs, pay an | 10 | | additional fee of $50, which shall
be collected by the circuit | 11 | | clerk and then remitted to the State Treasurer for deposit into | 12 | | the Roadside Memorial Fund, a special fund in the State | 13 | | treasury. However, the court may waive the fee if full | 14 | | restitution is complied with. Subject to appropriation, all | 15 | | moneys in the Roadside Memorial Fund shall be used by the | 16 | | Department of Transportation to pay fees imposed under | 17 | | subsection (f) of Section 20 of the Roadside Memorial Act. The | 18 | | fee shall be remitted by the circuit clerk within one month | 19 | | after receipt to the State Treasurer for deposit into the | 20 | | Roadside Memorial Fund. | 21 | | (m) Of the amounts collected as fines under subsection (c) | 22 | | of Section 411.4 of the Illinois Controlled Substances Act or | 23 | | subsection (c) of Section 90 of the Methamphetamine Control and | 24 | | Community Protection Act, 99% shall be deposited to the law | 25 | | enforcement agency or fund specified and 1% shall be deposited | 26 | | into the Circuit Court Clerk Operation and Administrative Fund |
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| 1 | | to be used to offset the costs incurred by the Circuit Court | 2 | | Clerk in performing the additional duties required to collect | 3 | | and disburse funds to entities of State and local government as | 4 | | provided by law. | 5 | | (n) In addition to any other fines and court costs assessed | 6 | | by the courts, any person who is convicted of or pleads guilty | 7 | | to a violation of the Criminal Code of 1961 or the Criminal | 8 | | Code of 2012, or a similar provision of a local ordinance, or | 9 | | who is convicted of, pleads guilty to, or receives a | 10 | | disposition of court supervision for a violation of the | 11 | | Illinois Vehicle Code, or a similar provision of a local | 12 | | ordinance, shall pay an additional fee of $15 to the clerk of | 13 | | the circuit court. This additional fee of $15 shall not be | 14 | | considered a part of the fine for purposes of any reduction in | 15 | | the fine for time served either before or after sentencing. | 16 | | This amount, less 2.5% that shall be used to defray | 17 | | administrative costs incurred by the clerk, shall be remitted | 18 | | by the clerk to the State Treasurer within 60 days after | 19 | | receipt for deposit into the State Police Merit Board Public | 20 | | Safety Fund. | 21 | | (Source: P.A. 96-576, eff. 8-18-09; 96-578, eff. 8-18-09; | 22 | | 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-735, eff. 1-1-10; | 23 | | 96-1175, eff. 9-20-10; 96-1342, eff. 1-1-11; 97-434, eff. | 24 | | 1-1-12; 97-1051, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1150, | 25 | | eff. 1-25-13.) |
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| 1 | | Section 15. The Unified Code of Corrections is amended by | 2 | | changing Section 5-6-1 as follows:
| 3 | | (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
| 4 | | Sec. 5-6-1. Sentences of Probation and of Conditional
| 5 | | Discharge and Disposition of Supervision.
The General Assembly | 6 | | finds that in order to protect the public, the
criminal justice | 7 | | system must compel compliance with the conditions of probation
| 8 | | by responding to violations with swift, certain and fair | 9 | | punishments and
intermediate sanctions. The Chief Judge of each | 10 | | circuit shall adopt a system of
structured, intermediate | 11 | | sanctions for violations of the terms and conditions
of a | 12 | | sentence of probation, conditional discharge or disposition of
| 13 | | supervision.
| 14 | | (a) Except where specifically prohibited by other
| 15 | | provisions of this Code, the court shall impose a sentence
of | 16 | | probation or conditional discharge upon an offender
unless, | 17 | | having regard to the nature and circumstance of
the offense, | 18 | | and to the history, character and condition
of the offender, | 19 | | the court is of the opinion that:
| 20 | | (1) his imprisonment or periodic imprisonment is | 21 | | necessary
for the protection of the public; or
| 22 | | (2) probation or conditional discharge would deprecate
| 23 | | the seriousness of the offender's conduct and would be
| 24 | | inconsistent with the ends of justice; or
| 25 | | (3) a combination of imprisonment with concurrent or |
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| 1 | | consecutive probation when an offender has been admitted | 2 | | into a drug court program under Section 20 of the Drug | 3 | | Court Treatment Act is necessary for the protection of the | 4 | | public and for the rehabilitation of the offender.
| 5 | | The court shall impose as a condition of a sentence of | 6 | | probation,
conditional discharge, or supervision, that the | 7 | | probation agency may invoke any
sanction from the list of | 8 | | intermediate sanctions adopted by the chief judge of
the | 9 | | circuit court for violations of the terms and conditions of the | 10 | | sentence of
probation, conditional discharge, or supervision, | 11 | | subject to the provisions of
Section 5-6-4 of this Act.
| 12 | | (b) The court may impose a sentence of conditional
| 13 | | discharge for an offense if the court is of the opinion
that | 14 | | neither a sentence of imprisonment nor of periodic
imprisonment | 15 | | nor of probation supervision is appropriate.
| 16 | | (b-1) Subsections (a) and (b) of this Section do not apply | 17 | | to a defendant charged with a misdemeanor or felony under the | 18 | | Illinois Vehicle Code or reckless homicide under Section 9-3 of | 19 | | the Criminal Code of 1961 or the Criminal Code of 2012 if the | 20 | | defendant within the past 12 months has been convicted of or | 21 | | pleaded guilty to a misdemeanor or felony under the Illinois | 22 | | Vehicle Code or reckless homicide under Section 9-3 of the | 23 | | Criminal Code of 1961 or the Criminal Code of 2012. | 24 | | (c) The court may, upon a plea of guilty or a stipulation
| 25 | | by the defendant of the facts supporting the charge or a
| 26 | | finding of guilt, defer further proceedings and the
imposition |
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| 1 | | of a sentence, and enter an order for supervision of the | 2 | | defendant,
if the defendant is not charged with: (i) a Class A | 3 | | misdemeanor, as
defined by the following provisions of the | 4 | | Criminal Code of 1961 or the Criminal Code of 2012: Sections
| 5 | | 11-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6; | 6 | | 31-7; paragraphs (2) and (3) of subsection (a) of Section
21-1;
| 7 | | paragraph (1) through (5), (8), (10), and (11) of subsection | 8 | | (a) of Section
24-1; (ii) a Class A misdemeanor violation of | 9 | | Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals | 10 | | Act; or (iii)
a felony.
If the defendant
is not barred from | 11 | | receiving an order for supervision as provided in this
| 12 | | subsection, the court may enter an order for supervision after | 13 | | considering the
circumstances of the offense, and the history,
| 14 | | character and condition of the offender, if the court is of the | 15 | | opinion
that:
| 16 | | (1) the offender is not likely to commit further | 17 | | crimes;
| 18 | | (2) the defendant and the public would be best served | 19 | | if the
defendant were not to receive a criminal record; and
| 20 | | (3) in the best interests of justice an order of | 21 | | supervision
is more appropriate than a sentence otherwise | 22 | | permitted under this Code.
| 23 | | (c-5) Subsections (a), (b), and (c) of this Section do not | 24 | | apply to a defendant charged with a second or subsequent | 25 | | violation of Section 6-303 of the Illinois Vehicle Code | 26 | | committed while his or her driver's license, permit or |
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| 1 | | privileges were revoked because of a violation of Section 9-3 | 2 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 3 | | relating to the offense of reckless homicide, or a similar | 4 | | provision of a law of another state.
| 5 | | (d) The provisions of paragraph (c) shall not apply to a | 6 | | defendant charged
with violating Section 11-501 of the Illinois | 7 | | Vehicle Code or a similar
provision of a local
ordinance when | 8 | | the defendant has previously been:
| 9 | | (1) convicted for a violation of Section 11-501 of
the | 10 | | Illinois Vehicle
Code or a similar provision of a
local | 11 | | ordinance or any similar law or ordinance of another state; | 12 | | or
| 13 | | (2) assigned supervision for a violation of Section | 14 | | 11-501 of the Illinois
Vehicle Code or a similar provision | 15 | | of a local ordinance or any similar law
or ordinance of | 16 | | another state; or
| 17 | | (3) pleaded guilty to or stipulated to the facts | 18 | | supporting
a charge or a finding of guilty to a violation | 19 | | of Section 11-503 of the
Illinois Vehicle Code or a similar | 20 | | provision of a local ordinance or any
similar law or | 21 | | ordinance of another state, and the
plea or stipulation was | 22 | | the result of a plea agreement.
| 23 | | The court shall consider the statement of the prosecuting
| 24 | | authority with regard to the standards set forth in this | 25 | | Section.
| 26 | | (e) The provisions of paragraph (c) shall not apply to a |
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| 1 | | defendant
charged with violating Section 16-25 or 16A-3 of the | 2 | | Criminal Code of 1961 or the Criminal Code of 2012 if said
| 3 | | defendant has within the last 5 years been:
| 4 | | (1) convicted for a violation of Section 16-25 or 16A-3 | 5 | | of the Criminal Code of
1961 or the Criminal Code of 2012; | 6 | | or
| 7 | | (2) assigned supervision for a violation of Section | 8 | | 16-25 or 16A-3 of the Criminal
Code of 1961 or the Criminal | 9 | | Code of 2012.
| 10 | | The court shall consider the statement of the prosecuting | 11 | | authority with
regard to the standards set forth in this | 12 | | Section.
| 13 | | (f) The provisions of paragraph (c) shall not apply to a | 14 | | defendant
charged with violating Sections 15-111, 15-112, | 15 | | 15-301, paragraph (b)
of Section 6-104, Section 11-605, Section | 16 | | 11-1002.5, or Section 11-1414
of the Illinois Vehicle Code or a | 17 | | similar provision of a local ordinance.
| 18 | | (g) Except as otherwise provided in paragraph (i) of this | 19 | | Section, the
provisions of paragraph (c) shall not apply to a
| 20 | | defendant charged with violating Section
3-707, 3-708, 3-710, | 21 | | or 5-401.3
of the Illinois Vehicle Code or a similar provision | 22 | | of a local ordinance if the
defendant has within the last 5 | 23 | | years been:
| 24 | | (1) convicted for a violation of Section 3-707, 3-708, | 25 | | 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | 26 | | provision of a local
ordinance; or
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| 1 | | (2) assigned supervision for a violation of Section | 2 | | 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle | 3 | | Code or a similar provision of a local
ordinance.
| 4 | | The court shall consider the statement of the prosecuting | 5 | | authority with
regard to the standards set forth in this | 6 | | Section.
| 7 | | (h) The provisions of paragraph (c) shall not apply to a | 8 | | defendant under
the age of 21 years charged with violating a | 9 | | serious traffic offense as defined
in Section 1-187.001 of the | 10 | | Illinois Vehicle Code:
| 11 | | (1) unless the defendant, upon payment of the fines, | 12 | | penalties, and costs
provided by law, agrees to attend and | 13 | | successfully complete a traffic safety
program approved by | 14 | | the court under standards set by the Conference of Chief
| 15 | | Circuit Judges. The accused shall be responsible for | 16 | | payment of any traffic
safety program fees. If the accused | 17 | | fails to file a certificate of
successful completion on or | 18 | | before the termination date of the supervision
order, the | 19 | | supervision shall be summarily revoked and conviction | 20 | | entered. The
provisions of Supreme Court Rule 402 relating | 21 | | to pleas of guilty do not apply
in cases when a defendant | 22 | | enters a guilty plea under this provision; or
| 23 | | (2) if the defendant has previously been sentenced | 24 | | under the provisions of
paragraph (c) on or after January | 25 | | 1, 1998 for any serious traffic offense as
defined in | 26 | | Section 1-187.001 of the Illinois Vehicle Code.
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| 1 | | (h-1) The provisions of paragraph (c) shall not apply to a | 2 | | defendant under the age of 21 years charged with an offense | 3 | | against traffic regulations governing the movement of vehicles | 4 | | or any violation of Section 6-107 or Section 12-603.1 of the | 5 | | Illinois Vehicle Code, unless the defendant, upon payment of | 6 | | the fines, penalties, and costs provided by law, agrees to | 7 | | attend and successfully complete a traffic safety program | 8 | | approved by the court under standards set by the Conference of | 9 | | Chief Circuit Judges. The accused shall be responsible for | 10 | | payment of any traffic safety program fees. If the accused | 11 | | fails to file a certificate of successful completion on or | 12 | | before the termination date of the supervision order, the | 13 | | supervision shall be summarily revoked and conviction entered. | 14 | | The provisions of Supreme Court Rule 402 relating to pleas of | 15 | | guilty do not apply in cases when a defendant enters a guilty | 16 | | plea under this provision.
| 17 | | (i) The provisions of paragraph (c) shall not apply to a | 18 | | defendant charged
with violating Section 3-707 of the Illinois | 19 | | Vehicle Code or a similar
provision of a local ordinance if the | 20 | | defendant has been assigned supervision
for a violation of | 21 | | Section 3-707 of the Illinois Vehicle Code or a similar
| 22 | | provision of a local ordinance.
| 23 | | (j) The provisions of paragraph (c) shall not apply to a
| 24 | | defendant charged with violating
Section 6-303 of the Illinois | 25 | | Vehicle Code or a similar provision of
a local ordinance when | 26 | | the revocation or suspension was for a violation of
Section |
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| 1 | | 11-501 or a similar provision of a local ordinance or a | 2 | | violation of
Section 11-501.1 or paragraph (b) of Section | 3 | | 11-401 of the Illinois Vehicle
Code if the
defendant has within | 4 | | the last 10 years been:
| 5 | | (1) convicted for a violation of Section 6-303 of the | 6 | | Illinois Vehicle
Code or a similar provision of a local | 7 | | ordinance; or
| 8 | | (2) assigned supervision for a violation of Section | 9 | | 6-303 of the Illinois
Vehicle Code or a similar provision | 10 | | of a local ordinance. | 11 | | (k) The provisions of paragraph (c) shall not apply to a
| 12 | | defendant charged with violating
any provision of the Illinois | 13 | | Vehicle Code or a similar provision of a local ordinance that | 14 | | governs the movement of vehicles if, within the 12 months | 15 | | preceding the date of the defendant's arrest, the defendant has | 16 | | been assigned court supervision on 2 occasions for a violation | 17 | | that governs the movement of vehicles under the Illinois | 18 | | Vehicle Code or a similar provision of a local ordinance.
The | 19 | | provisions of this paragraph (k) do not apply to a defendant | 20 | | charged with violating Section 11-501 of the Illinois Vehicle | 21 | | Code or a similar provision of a local ordinance.
| 22 | | (l) A defendant charged with violating any provision of the | 23 | | Illinois Vehicle Code or a similar provision of a local | 24 | | ordinance who receives a disposition of supervision under | 25 | | subsection (c) shall pay an additional fee of $29, to be | 26 | | collected as provided in Sections 27.5 and 27.6 of the Clerks |
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| 1 | | of Courts Act. In addition to the $29 fee, the person shall | 2 | | also pay a fee of $6, which, if not waived by the court, shall | 3 | | be collected as provided in Sections 27.5 and 27.6 of the | 4 | | Clerks of Courts Act. The $29 fee shall be disbursed as | 5 | | provided in Section 16-104c of the Illinois Vehicle Code. If | 6 | | the $6 fee is collected, $5.50 of the fee shall be deposited | 7 | | into the Circuit Court Clerk Operation and Administrative Fund | 8 | | created by the Clerk of the Circuit Court and 50 cents of the | 9 | | fee shall be deposited into the Prisoner Review Board Vehicle | 10 | | and Equipment Fund in the State treasury.
| 11 | | (m) Any person convicted of, pleading guilty to, or placed | 12 | | on supervision for a serious traffic violation, as defined in | 13 | | Section 1-187.001 of the Illinois Vehicle Code, a violation of | 14 | | Section 11-501 of the Illinois Vehicle Code, or a violation of | 15 | | a similar provision of a local ordinance shall pay an | 16 | | additional fee of $35, to be disbursed as provided in Section | 17 | | 16-104d of that Code. | 18 | | This subsection (m) becomes inoperative on January 1, 2020 | 19 | | 7 years after October 13, 2007 (the effective date of Public | 20 | | Act 95-154) .
| 21 | | (n)
The provisions of paragraph (c) shall not apply to any | 22 | | person under the age of 18 who commits an offense against | 23 | | traffic regulations governing the movement of vehicles or any | 24 | | violation of Section 6-107 or Section 12-603.1 of the Illinois | 25 | | Vehicle Code, except upon personal appearance of the defendant | 26 | | in court and upon the written consent of the defendant's parent |
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| 1 | | or legal guardian, executed before the presiding judge. The | 2 | | presiding judge shall have the authority to waive this | 3 | | requirement upon the showing of good cause by the defendant.
| 4 | | (o)
The provisions of paragraph (c) shall not apply to a | 5 | | defendant charged with violating Section 6-303 of the Illinois | 6 | | Vehicle Code or a similar provision of a local ordinance when | 7 | | the suspension was for a violation of Section 11-501.1 of the | 8 | | Illinois Vehicle Code and when: | 9 | | (1) at the time of the violation of Section 11-501.1 of | 10 | | the Illinois Vehicle Code, the defendant was a first | 11 | | offender pursuant to Section 11-500 of the Illinois Vehicle | 12 | | Code and the defendant failed to obtain a monitoring device | 13 | | driving permit; or | 14 | | (2) at the time of the violation of Section 11-501.1 of | 15 | | the Illinois Vehicle Code, the defendant was a first | 16 | | offender pursuant to Section 11-500 of the Illinois Vehicle | 17 | | Code, had subsequently obtained a monitoring device | 18 | | driving permit, but was driving a vehicle not equipped with | 19 | | a breath alcohol ignition interlock device as defined in | 20 | | Section 1-129.1 of the Illinois Vehicle Code.
| 21 | | (p) The provisions of paragraph (c) shall not apply to a | 22 | | defendant charged with violating Section 11-601.5 of the | 23 | | Illinois Vehicle Code or a similar provision of a local | 24 | | ordinance. | 25 | | (q) The provisions of paragraph (c) shall not apply to a | 26 | | defendant charged with violating subsection (b) of Section |
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| 1 | | 11-601 of the Illinois Vehicle Code when the defendant was | 2 | | operating a vehicle, in an urban district, at a speed in excess | 3 | | of 25 miles per hour over the posted speed limit. | 4 | | (r) The provisions of paragraph (c) shall not apply to a | 5 | | defendant charged with violating any provision of the Illinois | 6 | | Vehicle Code or a similar provision of a local ordinance if the | 7 | | violation was the proximate cause of the death of another and | 8 | | the defendant's driving abstract contains a prior conviction or | 9 | | disposition of court supervision for any violation of the | 10 | | Illinois Vehicle Code, other than an equipment violation, or a | 11 | | suspension, revocation, or cancellation of the driver's | 12 | | license. | 13 | | (Source: P.A. 97-333, eff. 8-12-11; 97-597, eff. 1-1-12; | 14 | | 97-831, eff. 7-1-13; 97-1108, eff. 1-1-13; 97-1150, eff. | 15 | | 1-25-13; 98-169, eff. 1-1-14.)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.".
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