Full Text of SB0503 98th General Assembly
SB0503sam003 98TH GENERAL ASSEMBLY | Sen. Kwame Raoul Filed: 4/4/2014
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| 1 | | AMENDMENT TO SENATE BILL 503
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 503 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Police Act is amended by changing | 5 | | Section 7.2 as follows: | 6 | | (20 ILCS 2610/7.2) | 7 | | Sec. 7.2. State Police Merit Board Public Safety Fund. | 8 | | (a) A special fund in the State treasury is hereby created | 9 | | which shall be known as the State Police Merit Board Public | 10 | | Safety Fund. The Fund shall be used by the State Police Merit | 11 | | Board to provide a cadet program for State Police personnel and | 12 | | to meet all costs associated with the functions of the State | 13 | | Police Merit Board. Notwithstanding any other law to the | 14 | | contrary, the State Police Merit Board Public Safety Fund is | 15 | | not subject to sweeps, administrative charge-backs, or any | 16 | | other fiscal or budgetary maneuver that would in any way |
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| 1 | | transfer any amounts from the State Police Merit Board Public | 2 | | Safety Fund into any other fund of the State. | 3 | | (b) The Fund may receive State appropriations, gifts, | 4 | | grants, and federal funds and shall include earnings from the | 5 | | investment of moneys in the Fund. | 6 | | (c) The administration of this Fund shall be the | 7 | | responsibility of the State Police Merit Board. The Board shall | 8 | | establish terms and conditions for the operation of the Fund. | 9 | | The Board shall establish and implement fiscal controls and | 10 | | accounting periods for programs operated using the Fund. All | 11 | | fees or moneys received by the State Treasurer under subsection | 12 | | (n) of Section 27.6 of the Clerks of Courts Act shall be | 13 | | deposited into the Fund. Such additional penalty shall not be | 14 | | considered a part of the fine for purposes of any reduction | 15 | | made in the fine for time served either before or after | 16 | | sentencing. The moneys deposited in the State Police Merit | 17 | | Board Public Safety Fund shall be appropriated , on a continuing | 18 | | basis, to the State Police Merit Board for expenses of the | 19 | | Board for the administration and conduct of all its programs | 20 | | for State Police personnel.
| 21 | | (Source: P.A. 97-1051, eff. 1-1-13.) | 22 | | Section 10. The Illinois Vehicle Code is amended by adding | 23 | | Section 16-104f as follows: | 24 | | (625 ILCS 5/16-104f new) |
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| 1 | | Sec. 16-104f. Amounts for State Police Merit Board Public | 2 | | Safety Fund. In counties that have elected not to distribute | 3 | | moneys under the disbursement formulas in Sections 27.5 and | 4 | | 27.6 of the Clerks of Courts Act, the court shall impose a fine | 5 | | of $15, in addition to any other fines and court costs | 6 | | assessed, for any person who is convicted of or receives a | 7 | | disposition of court supervision for a violation of this Code | 8 | | or a similar provision of a local ordinance. This additional | 9 | | fine of $15 shall be payable to the clerk of the circuit court | 10 | | and shall not be considered a part of the fine for purposes of | 11 | | any reduction in the fine for time served either before or | 12 | | after sentencing. This amount, less 2.5%, shall be remitted by | 13 | | the clerk to the State Treasurer within 60 days after receipt | 14 | | for deposit into the State Police Merit Board Public Safety | 15 | | Fund. Of the fine, 2.5% shall be deposited by the clerk into | 16 | | the Circuit Court Clerk Operation and Administration Fund a | 17 | | fund created by the clerk of the circuit court to be used to | 18 | | offset the costs incurred by the circuit court clerk in | 19 | | performing the additional duties required to collect and | 20 | | disburse funds as provided by law. | 21 | | Section 15. The Clerks of Courts Act is amended by changing | 22 | | Section 27.6 as follows:
| 23 | | (705 ILCS 105/27.6)
| 24 | | (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625, |
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| 1 | | 96-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, and | 2 | | 97-1150) | 3 | | Sec. 27.6. (a) All fees, fines, costs, additional | 4 | | penalties, bail balances
assessed or forfeited, and any other | 5 | | amount paid by a person to the circuit
clerk equalling an | 6 | | amount of $55 or more, except the fine imposed by Section | 7 | | 5-9-1.15
of the Unified Code of Corrections, the additional fee | 8 | | required
by subsections (b) and (c), restitution under Section | 9 | | 5-5-6 of the
Unified Code of Corrections, contributions to a | 10 | | local anti-crime program ordered pursuant to Section | 11 | | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | 12 | | Corrections, reimbursement for the costs of an emergency
| 13 | | response as provided under Section 11-501 of the Illinois | 14 | | Vehicle Code,
any fees collected for attending a traffic safety | 15 | | program under paragraph (c)
of Supreme Court Rule 529, any fee | 16 | | collected on behalf of a State's Attorney
under Section 4-2002 | 17 | | of the Counties Code or a sheriff under Section 4-5001
of the | 18 | | Counties Code, or any cost imposed under Section 124A-5 of the | 19 | | Code of
Criminal Procedure of 1963, for convictions, orders of | 20 | | supervision, or any
other disposition for a violation of | 21 | | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | 22 | | similar provision of a local ordinance, and any
violation of | 23 | | the Child Passenger Protection Act, or a similar provision of a
| 24 | | local ordinance, and except as otherwise provided in this | 25 | | Section
shall be disbursed
within 60 days after receipt by the | 26 | | circuit
clerk as follows: 44.5% shall be disbursed to the |
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| 1 | | entity authorized by law to
receive the fine imposed in the | 2 | | case; 16.825% shall be disbursed to the State
Treasurer; and | 3 | | 38.675% shall be disbursed to the county's general corporate
| 4 | | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | 5 | | shall be deposited
by the State Treasurer into the Violent | 6 | | Crime Victims Assistance Fund, 5.052/17
shall be deposited into | 7 | | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall | 8 | | be deposited into the Drivers Education Fund, and 6.948/17 | 9 | | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 | 10 | | deposited into the
Trauma Center Fund from the 16.825% | 11 | | disbursed to the State Treasurer, 50% shall
be disbursed to the | 12 | | Department of Public Health and 50% shall be disbursed to
the | 13 | | Department of Healthcare and Family Services. For fiscal year | 14 | | 1993, amounts deposited into
the Violent Crime Victims | 15 | | Assistance Fund, the Traffic and Criminal
Conviction Surcharge | 16 | | Fund, or the Drivers Education Fund shall not exceed 110%
of | 17 | | the amounts deposited into those funds in fiscal year 1991. Any
| 18 | | amount that exceeds the 110% limit shall be distributed as | 19 | | follows: 50%
shall be disbursed to the county's general | 20 | | corporate fund and 50% shall be
disbursed to the entity | 21 | | authorized by law to receive the fine imposed in
the case. Not | 22 | | later than March 1 of each year the circuit clerk
shall submit | 23 | | a report of the amount of funds remitted to the State
Treasurer | 24 | | under this Section during the preceding year based upon
| 25 | | independent verification of fines and fees. All counties shall | 26 | | be subject
to this Section, except that counties with a |
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| 1 | | population under 2,000,000
may, by ordinance, elect not to be | 2 | | subject to this Section. For offenses
subject to this Section, | 3 | | judges shall impose one total sum of money payable
for | 4 | | violations. The circuit clerk may add on no additional amounts | 5 | | except
for amounts that are required by Sections 27.3a and | 6 | | 27.3c of
this Act, unless those amounts are specifically waived | 7 | | by the judge. With
respect to money collected by the circuit | 8 | | clerk as a result of
forfeiture of bail, ex parte judgment or | 9 | | guilty plea pursuant to Supreme
Court Rule 529, the circuit | 10 | | clerk shall first deduct and pay amounts
required by Sections | 11 | | 27.3a and 27.3c of this Act. This Section is a denial
and | 12 | | limitation of home rule powers and functions under subsection | 13 | | (h) of
Section 6 of Article VII of the Illinois Constitution.
| 14 | | (b) In addition to any other fines and court costs assessed | 15 | | by the courts,
any person convicted or receiving an order of | 16 | | supervision for driving under
the influence of alcohol or drugs | 17 | | shall pay an additional fee of $100 to the
clerk of the circuit | 18 | | court. This amount, less 2 1/2% that shall be used to
defray | 19 | | administrative costs incurred by the clerk, shall be remitted | 20 | | by the
clerk to the Treasurer within 60 days after receipt for | 21 | | deposit into the Trauma
Center Fund. This additional fee of | 22 | | $100 shall not be considered a part of the
fine for purposes of | 23 | | any reduction in the fine for time served either before or
| 24 | | after sentencing. Not later than March 1 of each year the | 25 | | Circuit Clerk shall
submit a report of the amount of funds | 26 | | remitted to the State Treasurer under
this subsection during |
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| 1 | | the preceding calendar year.
| 2 | | (b-1) In addition to any other fines and court costs | 3 | | assessed by the courts,
any person convicted or receiving an | 4 | | order of supervision for driving under the
influence of alcohol | 5 | | or drugs shall pay an additional fee of $5 to the clerk
of the | 6 | | circuit court. This amount, less
2 1/2% that shall be used to | 7 | | defray administrative costs incurred by the clerk,
shall be | 8 | | remitted by the clerk to the Treasurer within 60 days after | 9 | | receipt
for deposit into the Spinal Cord Injury Paralysis Cure | 10 | | Research Trust Fund.
This additional fee of $5 shall not
be | 11 | | considered a part of the fine for purposes of any reduction in | 12 | | the fine for
time served either before or after sentencing. Not | 13 | | later than March 1 of each
year the Circuit Clerk shall submit | 14 | | a report of the amount of funds remitted to
the State Treasurer | 15 | | under this subsection during the preceding calendar
year.
| 16 | | (c) In addition to any other fines and court costs assessed | 17 | | by the courts,
any person convicted for a violation of Sections | 18 | | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or the | 19 | | Criminal Code of 2012 or a person sentenced for a violation of | 20 | | the Cannabis
Control Act, the Illinois Controlled Substances | 21 | | Act, or the Methamphetamine Control and Community Protection | 22 | | Act
shall pay an additional fee of $100 to the clerk
of the | 23 | | circuit court. This amount, less
2 1/2% that shall be used to | 24 | | defray administrative costs incurred by the clerk,
shall be | 25 | | remitted by the clerk to the Treasurer within 60 days after | 26 | | receipt
for deposit into the Trauma Center Fund. This |
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| 1 | | additional fee of $100 shall not
be considered a part of the | 2 | | fine for purposes of any reduction in the fine for
time served | 3 | | either before or after sentencing. Not later than March 1 of | 4 | | each
year the Circuit Clerk shall submit a report of the amount | 5 | | of funds remitted to
the State Treasurer under this subsection | 6 | | during the preceding calendar year.
| 7 | | (c-1) In addition to any other fines and court costs | 8 | | assessed by the
courts, any 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 $5 to the
clerk of the | 12 | | circuit court. This amount, less 2 1/2% that shall be used to
| 13 | | defray administrative costs incurred by the clerk, shall be | 14 | | remitted by the
clerk to the Treasurer within 60 days after | 15 | | receipt for deposit into the Spinal
Cord Injury Paralysis Cure | 16 | | Research Trust Fund. This additional fee of $5
shall not be | 17 | | considered a part of the fine for purposes of any reduction in | 18 | | the
fine for time served either before or after sentencing. Not | 19 | | later than March 1
of each year the Circuit Clerk shall submit | 20 | | a report of the amount of funds
remitted to the State Treasurer | 21 | | under this subsection during the preceding
calendar year.
| 22 | | (d) The following amounts must be remitted to the State | 23 | | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| 24 | | (1) 50% of the amounts collected for felony offenses | 25 | | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | 26 | | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for |
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| 1 | | Animals Act and Section 26-5 or 48-1 of the Criminal Code | 2 | | of
1961 or the Criminal Code of 2012;
| 3 | | (2) 20% of the amounts collected for Class A and Class | 4 | | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | 5 | | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | 6 | | for Animals Act and Section 26-5 or 48-1 of the Criminal
| 7 | | Code of 1961 or the Criminal Code of 2012; and
| 8 | | (3) 50% of the amounts collected for Class C | 9 | | misdemeanors under Sections
4.01 and 7.1 of the Humane Care | 10 | | for Animals Act and Section 26-5 or 48-1 of the
Criminal | 11 | | Code of 1961 or the Criminal Code of 2012.
| 12 | | (e) Any person who receives a disposition of court | 13 | | supervision for a violation of the Illinois Vehicle Code or a | 14 | | similar provision of a local ordinance shall, in addition to | 15 | | any other fines, fees, and court costs, pay an additional fee | 16 | | of $29, to be disbursed as provided in Section 16-104c of the | 17 | | Illinois Vehicle Code. In addition to the fee of $29, the | 18 | | person shall also pay a fee of $6, if not waived by the court. | 19 | | If this $6 fee is collected, $5.50 of the fee shall be | 20 | | deposited into the Circuit Court Clerk Operation and | 21 | | Administrative Fund created by the Clerk of the Circuit Court | 22 | | and 50 cents of the fee shall be deposited into the Prisoner | 23 | | Review Board Vehicle and Equipment Fund in the State treasury.
| 24 | | (f) This Section does not apply to the additional child | 25 | | pornography fines assessed and collected under Section | 26 | | 5-9-1.14 of the Unified Code of Corrections.
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| 1 | | (g) (Blank). | 2 | | (h) (Blank). | 3 | | (i)
Of the amounts collected as fines under subsection (b) | 4 | | of Section 3-712 of the Illinois Vehicle Code, 99% shall be | 5 | | deposited into the Illinois Military Family Relief Fund and 1% | 6 | | shall be deposited into the Circuit Court Clerk Operation and | 7 | | Administrative Fund created by the Clerk of the Circuit Court | 8 | | to be used to offset the costs incurred by the Circuit Court | 9 | | Clerk in performing the additional duties required to collect | 10 | | and disburse funds to entities of State and local government as | 11 | | provided by law.
| 12 | | (j) Any person convicted of, pleading guilty to, or placed | 13 | | on supervision for a serious traffic violation, as defined in | 14 | | Section 1-187.001 of the Illinois Vehicle Code, a violation of | 15 | | Section 11-501 of the Illinois Vehicle Code, or a violation of | 16 | | a similar provision of a local ordinance shall pay an | 17 | | additional fee of $35, to be disbursed as provided in Section | 18 | | 16-104d of that Code. | 19 | | This subsection (j) becomes inoperative 7 years after the | 20 | | effective date of Public Act 95-154. | 21 | | (k) For any conviction or disposition of court supervision | 22 | | for a violation of Section 11-1429 of the Illinois Vehicle | 23 | | Code, the circuit clerk shall distribute the fines paid by the | 24 | | person as specified by subsection (h) of Section 11-1429 of the | 25 | | Illinois Vehicle Code. | 26 | | (l) Any person who receives a disposition of court |
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| 1 | | supervision for a violation of Section 11-501 of the Illinois | 2 | | Vehicle Code or a similar provision of a local ordinance shall, | 3 | | in addition to any other fines, fees, and court costs, pay an | 4 | | additional fee of $50, which shall
be collected by the circuit | 5 | | clerk and then remitted to the State Treasurer for deposit into | 6 | | the Roadside Memorial Fund, a special fund in the State | 7 | | treasury. However, the court may waive the fee if full | 8 | | restitution is complied with. Subject to appropriation, all | 9 | | moneys in the Roadside Memorial Fund shall be used by the | 10 | | Department of Transportation to pay fees imposed under | 11 | | subsection (f) of Section 20 of the Roadside Memorial Act. The | 12 | | fee shall be remitted by the circuit clerk within one month | 13 | | after receipt to the State Treasurer for deposit into the | 14 | | Roadside Memorial Fund. | 15 | | (m) Of the amounts collected as fines under subsection (c) | 16 | | of Section 411.4 of the Illinois Controlled Substances Act or | 17 | | subsection (c) of Section 90 of the Methamphetamine Control and | 18 | | Community Protection Act, 99% shall be deposited to the law | 19 | | enforcement agency or fund specified and 1% shall be deposited | 20 | | into the Circuit Court Clerk Operation and Administrative Fund | 21 | | to be used to offset the costs incurred by the Circuit Court | 22 | | Clerk in performing the additional duties required to collect | 23 | | and disburse funds to entities of State and local government as | 24 | | provided by law. | 25 | | (n) In addition to any other fines and court costs assessed | 26 | | by the courts, any person who is convicted of or pleads guilty |
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| 1 | | to a violation of the Criminal Code of 1961 or the Criminal | 2 | | Code of 2012, or a similar provision of a local ordinance, or | 3 | | who is convicted of, pleads guilty to, or receives a | 4 | | disposition of court supervision for a violation of the | 5 | | Illinois Vehicle Code, or a similar provision of a local | 6 | | ordinance, the court shall impose pay an additional fine fee of | 7 | | $15 payable to the clerk of the circuit court. This additional | 8 | | fine fee of $15 shall not be considered a part of the fine for | 9 | | purposes of any reduction in the fine for time served either | 10 | | before or after sentencing. This amount, less 2.5% that shall | 11 | | be used to defray administrative costs incurred by the clerk, | 12 | | shall be remitted by the clerk to the State Treasurer within 60 | 13 | | days after receipt for deposit into the State Police Merit | 14 | | Board Public Safety Fund . The 2.5% shall be deposited by the | 15 | | clerk of the circuit into the Circuit Court Clerk Operation and | 16 | | Administration Fund a fund created by the clerk of the circuit | 17 | | court to be used to offset the costs incurred by the circuit | 18 | | court clerk in performing the additional duties required to | 19 | | collect and disburse funds as provided by law . | 20 | | (Source: P.A. 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428, | 21 | | eff. 8-24-07; 95-600, eff. 6-1-08; 95-876, eff. 8-21-08; | 22 | | 96-286, eff. 8-11-09; 96-576, eff. 8-18-09; 96-578, eff. | 23 | | 8-18-09; 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-1175, | 24 | | eff. 9-20-10; 96-1342, eff. 1-1-11; 97-1051, eff. 1-1-13; | 25 | | 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.) |
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| 1 | | (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667, | 2 | | 96-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, and | 3 | | 97-1150) | 4 | | Sec. 27.6. (a) All fees, fines, costs, additional | 5 | | penalties, bail balances
assessed or forfeited, and any other | 6 | | amount paid by a person to the circuit
clerk equalling an | 7 | | amount of $55 or more, except the fine imposed by Section | 8 | | 5-9-1.15
of the Unified Code of Corrections, the additional fee | 9 | | required
by subsections (b) and (c), restitution under Section | 10 | | 5-5-6 of the
Unified Code of Corrections, contributions to a | 11 | | local anti-crime program ordered pursuant to Section | 12 | | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | 13 | | Corrections, reimbursement for the costs of an emergency
| 14 | | response as provided under Section 11-501 of the Illinois | 15 | | Vehicle Code,
any fees collected for attending a traffic safety | 16 | | program under paragraph (c)
of Supreme Court Rule 529, any fee | 17 | | collected on behalf of a State's Attorney
under Section 4-2002 | 18 | | of the Counties Code or a sheriff under Section 4-5001
of the | 19 | | Counties Code, or any cost imposed under Section 124A-5 of the | 20 | | Code of
Criminal Procedure of 1963, for convictions, orders of | 21 | | supervision, or any
other disposition for a violation of | 22 | | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | 23 | | similar provision of a local ordinance, and any
violation of | 24 | | the Child Passenger Protection Act, or a similar provision of a
| 25 | | local ordinance, and except as otherwise provided in this | 26 | | Section
shall be disbursed
within 60 days after receipt by the |
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| 1 | | circuit
clerk as follows: 44.5% shall be disbursed to the | 2 | | entity authorized by law to
receive the fine imposed in the | 3 | | case; 16.825% shall be disbursed to the State
Treasurer; and | 4 | | 38.675% shall be disbursed to the county's general corporate
| 5 | | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | 6 | | shall be deposited
by the State Treasurer into the Violent | 7 | | Crime Victims Assistance Fund, 5.052/17
shall be deposited into | 8 | | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall | 9 | | be deposited into the Drivers Education Fund, and 6.948/17 | 10 | | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 | 11 | | deposited into the
Trauma Center Fund from the 16.825% | 12 | | disbursed to the State Treasurer, 50% shall
be disbursed to the | 13 | | Department of Public Health and 50% shall be disbursed to
the | 14 | | Department of Healthcare and Family Services. For fiscal year | 15 | | 1993, amounts deposited into
the Violent Crime Victims | 16 | | Assistance Fund, the Traffic and Criminal
Conviction Surcharge | 17 | | Fund, or the Drivers Education Fund shall not exceed 110%
of | 18 | | the amounts deposited into those funds in fiscal year 1991. Any
| 19 | | amount that exceeds the 110% limit shall be distributed as | 20 | | follows: 50%
shall be disbursed to the county's general | 21 | | corporate fund and 50% shall be
disbursed to the entity | 22 | | authorized by law to receive the fine imposed in
the case. Not | 23 | | later than March 1 of each year the circuit clerk
shall submit | 24 | | a report of the amount of funds remitted to the State
Treasurer | 25 | | under this Section during the preceding year based upon
| 26 | | independent verification of fines and fees. All counties shall |
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| 1 | | be subject
to this Section, except that counties with a | 2 | | population under 2,000,000
may, by ordinance, elect not to be | 3 | | subject to this Section. For offenses
subject to this Section, | 4 | | judges shall impose one total sum of money payable
for | 5 | | violations. The circuit clerk may add on no additional amounts | 6 | | except
for amounts that are required by Sections 27.3a and | 7 | | 27.3c of
this Act, Section 16-104c of the Illinois Vehicle | 8 | | Code, and subsection (a) of Section 5-1101 of the Counties | 9 | | Code, unless those amounts are specifically waived by the | 10 | | judge. With
respect to money collected by the circuit clerk as | 11 | | a result of
forfeiture of bail, ex parte judgment or guilty | 12 | | plea pursuant to Supreme
Court Rule 529, the circuit clerk | 13 | | shall first deduct and pay amounts
required by Sections 27.3a | 14 | | and 27.3c of this Act. Unless a court ordered payment schedule | 15 | | is implemented or fee requirements are waived pursuant to court | 16 | | order, the clerk of the court may add to any unpaid fees and | 17 | | costs a delinquency amount equal to 5% of the unpaid fees that | 18 | | remain unpaid after 30 days, 10% of the unpaid fees that remain | 19 | | unpaid after 60 days, and 15% of the unpaid fees that remain | 20 | | unpaid after 90 days. Notice to those parties may be made by | 21 | | signage posting or publication. The additional delinquency | 22 | | amounts collected under this Section shall be deposited in the | 23 | | Circuit Court Clerk Operation and Administrative Fund to be | 24 | | used to defray administrative costs incurred by the circuit | 25 | | clerk in performing the duties required to collect and disburse | 26 | | funds. This Section is a denial
and limitation of home rule |
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| 1 | | powers and functions under subsection (h) of
Section 6 of | 2 | | 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) Any person convicted of or pleading guilty to a serious | 17 | | traffic violation, as defined in Section 1-187.001 of the | 18 | | Illinois Vehicle Code, shall pay an additional fee of $35, to | 19 | | be disbursed as provided in Section 16-104d of that Code. This | 20 | | subsection (g) becomes inoperative 7 years after the effective | 21 | | date of Public Act 95-154. | 22 | | (h) In all counties having a population of 3,000,000 or | 23 | | more inhabitants, | 24 | | (1) A person who is found guilty of or pleads guilty to | 25 | | violating subsection (a) of Section 11-501 of the Illinois | 26 | | Vehicle Code, including any person placed on court |
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| 1 | | supervision for violating subsection (a), shall be fined | 2 | | $750 as provided for by subsection (f) of Section 11-501.01 | 3 | | of the Illinois Vehicle Code, payable to the circuit clerk, | 4 | | who shall distribute the money pursuant to subsection (f) | 5 | | of Section 11-501.01 of the Illinois Vehicle Code. | 6 | | (2) When a crime laboratory DUI analysis fee of $150, | 7 | | provided for by Section 5-9-1.9 of the Unified Code of | 8 | | Corrections is assessed, it shall be disbursed by the | 9 | | circuit clerk as provided by subsection (f) of Section | 10 | | 5-9-1.9 of the Unified Code of Corrections. | 11 | | (3) When a fine for a violation of Section 11-605.1 of | 12 | | the Illinois Vehicle Code is $250 or greater, the person | 13 | | who violated that Section shall be charged an additional | 14 | | $125 as provided for by subsection (e) of Section 11-605.1 | 15 | | of the Illinois Vehicle Code, which shall be disbursed by | 16 | | the circuit clerk to a State or county Transportation | 17 | | Safety Highway Hire-back Fund as provided by subsection (e) | 18 | | of Section 11-605.1 of the Illinois Vehicle Code. | 19 | | (4) When a fine for a violation of subsection (a) of | 20 | | Section 11-605 of the Illinois Vehicle Code is $150 or | 21 | | greater, the additional $50 which is charged as provided | 22 | | for by subsection (f) of Section 11-605 of the Illinois | 23 | | Vehicle Code shall be disbursed by the circuit clerk to a | 24 | | school district or districts for school safety purposes as | 25 | | provided by subsection (f) of Section 11-605. | 26 | | (5) When a fine for a violation of subsection (a) of |
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| 1 | | Section 11-1002.5 of the Illinois Vehicle Code is $150 or | 2 | | greater, the additional $50 which is charged as provided | 3 | | for by subsection (c) of Section 11-1002.5 of the Illinois | 4 | | Vehicle Code shall be disbursed by the circuit clerk to a | 5 | | school district or districts for school safety purposes as | 6 | | provided by subsection (c) of Section 11-1002.5 of the | 7 | | Illinois Vehicle Code. | 8 | | (6) When a mandatory drug court fee of up to $5 is | 9 | | assessed as provided in subsection (f) of Section 5-1101 of | 10 | | the Counties Code, it shall be disbursed by the circuit | 11 | | clerk as provided in subsection (f) of Section 5-1101 of | 12 | | the Counties Code. | 13 | | (7) When a mandatory teen court, peer jury, youth | 14 | | court, or other youth diversion program fee is assessed as | 15 | | provided in subsection (e) of Section 5-1101 of the | 16 | | Counties Code, it shall be disbursed by the circuit clerk | 17 | | as provided in subsection (e) of Section 5-1101 of the | 18 | | Counties Code. | 19 | | (8) When a Children's Advocacy Center fee is assessed | 20 | | pursuant to subsection (f-5) of Section 5-1101 of the | 21 | | Counties Code, it shall be disbursed by the circuit clerk | 22 | | as provided in subsection (f-5) of Section 5-1101 of the | 23 | | Counties Code. | 24 | | (9) When a victim impact panel fee is assessed pursuant | 25 | | to subsection (b) of Section 11-501.01 of the Vehicle Code, | 26 | | it shall be disbursed by the circuit clerk to the victim |
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| 1 | | impact panel to be attended by the defendant. | 2 | | (10) When a new fee collected in traffic cases is | 3 | | enacted after the effective date of this subsection (h), it | 4 | | shall be excluded from the percentage disbursement | 5 | | provisions of this Section unless otherwise indicated by | 6 | | law. | 7 | | (i)
Of the amounts collected as fines under subsection (b) | 8 | | of Section 3-712 of the Illinois Vehicle Code, 99% shall be | 9 | | deposited into the Illinois Military Family Relief Fund and 1% | 10 | | shall be deposited into the Circuit Court Clerk Operation and | 11 | | Administrative Fund created by the Clerk of the Circuit Court | 12 | | to be used to offset the costs incurred by the Circuit Court | 13 | | Clerk in performing the additional duties required to collect | 14 | | and disburse funds to entities of State and local government as | 15 | | provided by law.
| 16 | | (j) (Blank). | 17 | | (k) For any conviction or disposition of court supervision | 18 | | for a violation of Section 11-1429 of the Illinois Vehicle | 19 | | Code, the circuit clerk shall distribute the fines paid by the | 20 | | person as specified by subsection (h) of Section 11-1429 of the | 21 | | Illinois Vehicle Code. | 22 | | (l) Any person who receives a disposition of court | 23 | | supervision for a violation of Section 11-501 of the Illinois | 24 | | Vehicle Code or a similar provision of a local ordinance shall, | 25 | | in addition to any other fines, fees, and court costs, pay an | 26 | | additional fee of $50, which shall
be collected by the circuit |
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| 1 | | clerk and then remitted to the State Treasurer for deposit into | 2 | | the Roadside Memorial Fund, a special fund in the State | 3 | | treasury. However, the court may waive the fee if full | 4 | | restitution is complied with. Subject to appropriation, all | 5 | | moneys in the Roadside Memorial Fund shall be used by the | 6 | | Department of Transportation to pay fees imposed under | 7 | | subsection (f) of Section 20 of the Roadside Memorial Act. The | 8 | | fee shall be remitted by the circuit clerk within one month | 9 | | after receipt to the State Treasurer for deposit into the | 10 | | Roadside Memorial Fund. | 11 | | (m) Of the amounts collected as fines under subsection (c) | 12 | | of Section 411.4 of the Illinois Controlled Substances Act or | 13 | | subsection (c) of Section 90 of the Methamphetamine Control and | 14 | | Community Protection Act, 99% shall be deposited to the law | 15 | | enforcement agency or fund specified and 1% shall be deposited | 16 | | into the Circuit Court Clerk Operation and Administrative Fund | 17 | | to be used to offset the costs incurred by the Circuit Court | 18 | | Clerk in performing the additional duties required to collect | 19 | | and disburse funds to entities of State and local government as | 20 | | provided by law. | 21 | | (n) In addition to any other fines and court costs assessed | 22 | | by the courts, any person who is convicted of or pleads guilty | 23 | | to a violation of the Criminal Code of 1961 or the Criminal | 24 | | Code of 2012, or a similar provision of a local ordinance, or | 25 | | who is convicted of, pleads guilty to, or receives a | 26 | | disposition of court supervision for a violation of the |
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| 1 | | Illinois Vehicle Code, or a similar provision of a local | 2 | | ordinance, the court shall impose pay an additional fine fee of | 3 | | $15 payable to the clerk of the circuit court. This additional | 4 | | fine fee of $15 shall not be considered a part of the fine for | 5 | | purposes of any reduction in the fine for time served either | 6 | | before or after sentencing. This amount, less 2.5% that shall | 7 | | be used to defray administrative costs incurred by the clerk, | 8 | | shall be remitted by the clerk to the State Treasurer within 60 | 9 | | days after receipt for deposit into the State Police Merit | 10 | | Board Public Safety Fund . The 2.5% shall be deposited by the | 11 | | clerk of the circuit court into the Circuit Court Clerk | 12 | | Operation and Administration Fund a fund created by the clerk | 13 | | of the circuit court to be used to offset the costs incurred by | 14 | | the circuit court clerk in performing the additional duties | 15 | | required to collect and disburse funds as provided by law . | 16 | | (Source: P.A. 96-576, eff. 8-18-09; 96-578, eff. 8-18-09; | 17 | | 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-735, eff. 1-1-10; | 18 | | 96-1175, eff. 9-20-10; 96-1342, eff. 1-1-11; 97-434, eff. | 19 | | 1-1-12; 97-1051, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1150, | 20 | | eff. 1-25-13.) | 21 | | Section 20. The Unified Code of Corrections is amended by | 22 | | adding Section 5-9-1.21 as follows: | 23 | | (730 ILCS 5/5-9-1.21 new) | 24 | | Sec. 5-9-1.21. Additional public safety fine. In counties |
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| 1 | | that have elected not to distribute moneys under the | 2 | | disbursement formulas in Sections 27.5 and 27.6 of the Clerks | 3 | | of Courts Act, in addition to any other penalty and imposed by | 4 | | the court, any person who is convicted of or receives a | 5 | | disposition of court supervision for any violation of the | 6 | | Criminal Code of 1961 or the Criminal Code of 2012, the court | 7 | | shall impose an additional fine of $15 payable to the clerk of | 8 | | the circuit court. This additional fine of $15 shall not be | 9 | | considered a part of the fine for purposes of any reduction in | 10 | | the fine for time served either before or after sentencing. | 11 | | This additional fine, less 2.5%, shall be remitted by the clerk | 12 | | to the State Treasurer within 60 days after receipt for deposit | 13 | | into the State Police Merit Board Public Safety Fund. The 2.5% | 14 | | shall be deposited by the clerk into the Circuit Court Clerk | 15 | | Operation and Administration Fund a fund created by the clerk | 16 | | of the circuit court to be used to offset the costs incurred by | 17 | | the circuit court clerk in performing the additional duties | 18 | | required to collect and disburse funds as provided by law. ".
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