Full Text of SB1862 98th General Assembly
SB1862eng 98TH GENERAL ASSEMBLY |
| | SB1862 Engrossed | | LRB098 07190 RLC 37251 b |
|
| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing Sections 5-9-1.1 and 5-9-1.1-5 as follows: | 6 | | (730 ILCS 5/5-9-1.1) (from Ch. 38, par. 1005-9-1.1) | 7 | | (Text of Section from P.A. 94-550, 96-132, 96-402, 96-1234, | 8 | | and 97-545) | 9 | | Sec. 5-9-1.1. Drug related offenses. | 10 | | (a) When a person has been adjudged guilty of a drug | 11 | | related
offense involving possession or delivery of cannabis or | 12 | | possession or delivery
of a controlled substance, other than | 13 | | methamphetamine, as defined in the Cannabis Control Act, as | 14 | | amended,
or the Illinois Controlled Substances Act, as amended, | 15 | | in addition to any
other penalty imposed, a fine shall be | 16 | | levied by the court at not less than
the full street value of | 17 | | the cannabis or controlled substances seized. | 18 | | "Street value" shall be determined by the court on the | 19 | | basis of testimony
of law enforcement personnel and the | 20 | | defendant as to the amount seized and
such testimony as may be | 21 | | required by the court as to the current street
value of the | 22 | | cannabis or controlled substance seized. | 23 | | (b) In addition to any penalty imposed under subsection (a) |
| | | SB1862 Engrossed | - 2 - | LRB098 07190 RLC 37251 b |
|
| 1 | | of this
Section, a fine of
$100 shall be levied by the court, | 2 | | the proceeds of which
shall be collected by the Circuit Clerk | 3 | | and remitted to the State Treasurer
under Section 27.6 of the | 4 | | Clerks of Courts Act
for deposit into the Trauma
Center Fund | 5 | | for distribution as provided under Section 3.225 of the | 6 | | Emergency
Medical Services (EMS) Systems Act. | 7 | | (c) In addition to any penalty imposed under subsection (a) | 8 | | of this
Section, a fee of $5 shall be assessed by the court, | 9 | | the proceeds of which
shall be collected by the Circuit Clerk | 10 | | and remitted to the State Treasurer
under Section 27.6 of the | 11 | | Clerks of Courts Act for deposit into the Spinal Cord
Injury | 12 | | Paralysis Cure Research Trust Fund.
This additional fee of $5 | 13 | | shall not be considered a part of the fine for
purposes of any | 14 | | reduction in the fine for time served either before or after
| 15 | | sentencing. | 16 | | (d) In addition to any penalty imposed under subsection (a) | 17 | | of this
Section for a drug related
offense involving possession | 18 | | or delivery
of cannabis or possession or delivery of a | 19 | | controlled substance as defined in the Cannabis Control Act, | 20 | | the Illinois Controlled Substances Act, or the Methamphetamine | 21 | | Control and Community Protection Act, a fee of $50 shall be | 22 | | assessed by the court, the proceeds of which
shall be collected | 23 | | by the Circuit Clerk and remitted to the State Treasurer
under | 24 | | Section 27.6 of the Clerks of Courts Act for deposit into the | 25 | | Performance-enhancing Substance Testing Fund.
This additional | 26 | | fee of $50 shall not be considered a part of the fine for
|
| | | SB1862 Engrossed | - 3 - | LRB098 07190 RLC 37251 b |
|
| 1 | | purposes of any reduction in the fine for time served either | 2 | | before or after
sentencing. The provisions of this subsection | 3 | | (d), other than this sentence, are inoperative after June 30, | 4 | | 2011. | 5 | | (e) In addition to any penalty imposed under subsection (a) | 6 | | of this
Section, a $25 assessment shall be assessed by the | 7 | | court, the proceeds of which
shall be collected by the Circuit | 8 | | Clerk and remitted to the State Treasurer for deposit into the | 9 | | Criminal Justice Information Projects Fund Drug Traffic | 10 | | Prevention Fund . The moneys deposited into the Criminal Justice | 11 | | Information Projects Fund under Drug Traffic Prevention Fund | 12 | | pursuant to this Section shall be appropriated to and | 13 | | administered by the Illinois Criminal Justice Information | 14 | | Authority Department of State Police for funding of drug task | 15 | | forces and Metropolitan Enforcement Groups in accordance with | 16 | | the Intergovernmental Drug Laws Enforcement Act . | 17 | | (f) In addition to any penalty imposed under subsection (a) | 18 | | of this
Section, a $20 assessment shall be assessed by the | 19 | | court, the proceeds of which
shall be collected by the Circuit | 20 | | Clerk. Of the collected proceeds, (i) 90% shall be remitted to | 21 | | the State Treasurer for deposit into the Prescription Pill and | 22 | | Drug Disposal Fund; (ii) 5% shall be remitted for deposit into | 23 | | the Criminal Justice Information Projects Fund, for use by the | 24 | | Illinois Criminal Justice Information Authority for the costs | 25 | | associated with making grants from the Prescription Pill and | 26 | | Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5% |
| | | SB1862 Engrossed | - 4 - | LRB098 07190 RLC 37251 b |
|
| 1 | | for deposit into the Circuit Court Clerk Operation and | 2 | | Administrative Fund for the costs associated with | 3 | | administering this subsection. | 4 | | (Source: P.A. 96-132, eff. 8-7-09; 96-402, eff. 1-1-10; | 5 | | 96-1234, eff. 7-23-10; 97-545, eff. 1-1-12; revised 9-14-11.) | 6 | | (Text of Section from P.A. 94-556, 96-132, 96-402, 96-1234, | 7 | | and 97-545) | 8 | | Sec. 5-9-1.1. Drug related offenses. | 9 | | (a) When a person has been adjudged guilty of a drug | 10 | | related
offense involving possession or delivery of cannabis or | 11 | | possession or delivery
of a controlled substance as defined in | 12 | | the Cannabis Control Act, the Illinois Controlled Substances | 13 | | Act, or the Methamphetamine Control and Community Protection | 14 | | Act, in addition to any
other penalty imposed, a fine shall be | 15 | | levied by the court at not less than
the full street value of | 16 | | the cannabis or controlled substances seized. | 17 | | "Street value" shall be determined by the court on the | 18 | | basis of testimony
of law enforcement personnel and the | 19 | | defendant as to the amount seized and
such testimony as may be | 20 | | required by the court as to the current street
value of the | 21 | | cannabis or controlled substance seized. | 22 | | (b) In addition to any penalty imposed under subsection (a) | 23 | | of this
Section, a fine of $100 shall be levied by the court, | 24 | | the proceeds of which
shall be collected by the Circuit Clerk | 25 | | and remitted to the State Treasurer
under Section 27.6 of the |
| | | SB1862 Engrossed | - 5 - | LRB098 07190 RLC 37251 b |
|
| 1 | | Clerks of Courts Act for deposit into the Trauma
Center Fund | 2 | | for distribution as provided under Section 3.225 of the | 3 | | Emergency
Medical Services (EMS) Systems Act. | 4 | | (c) In addition to any penalty imposed under subsection (a) | 5 | | of this
Section, a fee of $5 shall be assessed by the court, | 6 | | the proceeds of which
shall be collected by the Circuit Clerk | 7 | | and remitted to the State Treasurer
under Section 27.6 of the | 8 | | Clerks of Courts Act for deposit into the Spinal Cord
Injury | 9 | | Paralysis Cure Research Trust Fund.
This additional fee of $5 | 10 | | shall not be considered a part of the fine for
purposes of any | 11 | | reduction in the fine for time served either before or after
| 12 | | sentencing. | 13 | | (d) In addition to any penalty imposed under subsection (a) | 14 | | of this
Section for a drug related
offense involving possession | 15 | | or delivery
of cannabis or possession or delivery of a | 16 | | controlled substance as defined in the Cannabis Control Act, | 17 | | the Illinois Controlled Substances Act, or the Methamphetamine | 18 | | Control and Community Protection Act, a fee of $50 shall be | 19 | | assessed by the court, the proceeds of which
shall be collected | 20 | | by the Circuit Clerk and remitted to the State Treasurer
under | 21 | | Section 27.6 of the Clerks of Courts Act for deposit into the | 22 | | Performance-enhancing Substance Testing Fund.
This additional | 23 | | fee of $50 shall not be considered a part of the fine for
| 24 | | purposes of any reduction in the fine for time served either | 25 | | before or after
sentencing. The provisions of this subsection | 26 | | (d), other than this sentence, are inoperative after June 30, |
| | | SB1862 Engrossed | - 6 - | LRB098 07190 RLC 37251 b |
|
| 1 | | 2011. | 2 | | (e) In addition to any penalty imposed under subsection (a) | 3 | | of this
Section, a $25 assessment shall be assessed by the | 4 | | court, the proceeds of which
shall be collected by the Circuit | 5 | | Clerk and remitted to the State Treasurer for deposit into the | 6 | | Criminal Justice Information Projects Fund Drug Traffic | 7 | | Prevention Fund . The moneys deposited into the Criminal Justice | 8 | | Information Projects Fund under Drug Traffic Prevention Fund | 9 | | pursuant to this Section shall be appropriated to and | 10 | | administered by the Illinois Criminal Justice Information | 11 | | Authority Department of State Police for funding of drug task | 12 | | forces and Metropolitan Enforcement Groups in accordance with | 13 | | the Intergovernmental Drug Laws Enforcement Act . | 14 | | (f) In addition to any penalty imposed under subsection (a) | 15 | | of this
Section, a $20 assessment shall be assessed by the | 16 | | court, the proceeds of which
shall be collected by the Circuit | 17 | | Clerk. Of the collected proceeds, (i) 90% shall be remitted to | 18 | | the State Treasurer for deposit into the Prescription Pill and | 19 | | Drug Disposal Fund; (ii) 5% shall be remitted for deposit into | 20 | | the Criminal Justice Information Projects Fund, for use by the | 21 | | Illinois Criminal Justice Information Authority for the costs | 22 | | associated with making grants from the Prescription Pill and | 23 | | Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5% | 24 | | for deposit into the Circuit Court Clerk Operation and | 25 | | Administrative Fund for the costs associated with | 26 | | administering this subsection. |
| | | SB1862 Engrossed | - 7 - | LRB098 07190 RLC 37251 b |
|
| 1 | | (Source: P.A. 96-132, eff. 8-7-09; 96-402, eff. 1-1-10; | 2 | | 96-1234, eff. 7-23-10; 97-545, eff. 1-1-12; revised 9-14-11.) | 3 | | (730 ILCS 5/5-9-1.1-5) | 4 | | Sec. 5-9-1.1-5. Methamphetamine related offenses. | 5 | | (a) When a person has been adjudged guilty of a | 6 | | methamphetamine related
offense involving possession or | 7 | | delivery of methamphetamine or any salt of an optical isomer of | 8 | | methamphetamine or possession of a methamphetamine | 9 | | manufacturing material as set forth in Section 10 of the | 10 | | Methamphetamine Control and Community Protection Act with the | 11 | | intent to manufacture a substance containing methamphetamine | 12 | | or salt of an optical isomer of methamphetamine, in addition to | 13 | | any
other penalty imposed, a fine shall be levied by the court | 14 | | at not less than
the full street value of the methamphetamine | 15 | | or salt of an optical isomer of methamphetamine or | 16 | | methamphetamine manufacturing materials seized. | 17 | | "Street value" shall be determined by the court on the | 18 | | basis of testimony
of law enforcement personnel and the | 19 | | defendant as to the amount seized and
such testimony as may be | 20 | | required by the court as to the current street
value of the | 21 | | methamphetamine or salt of an optical isomer of methamphetamine | 22 | | or methamphetamine manufacturing materials seized. | 23 | | (b) In addition to any penalty imposed under subsection (a) | 24 | | of this
Section, a fine of
$100 shall be levied by the court, | 25 | | the proceeds of which
shall be collected by the Circuit Clerk |
| | | SB1862 Engrossed | - 8 - | LRB098 07190 RLC 37251 b |
|
| 1 | | and remitted to the State Treasurer
under Section 27.6 of the | 2 | | Clerks of Courts Act
for deposit into the Methamphetamine Law | 3 | | Enforcement Fund and allocated as provided in subsection (d) of | 4 | | Section 5-9-1.2.
| 5 | | (c) In addition to any penalty imposed under subsection (a) | 6 | | of this
Section, a $25 assessment shall be assessed by the | 7 | | court, the proceeds of which
shall be collected by the Circuit | 8 | | Clerk and remitted to the State Treasurer for deposit into the | 9 | | Criminal Justice Information Projects Fund Drug Traffic | 10 | | Prevention Fund . The moneys deposited into the Criminal Justice | 11 | | Information Projects Fund under Drug Traffic Prevention Fund | 12 | | pursuant to this Section shall be appropriated to and | 13 | | administered by the Illinois Criminal Justice Information | 14 | | Authority Department of State Police for funding of drug task | 15 | | forces and Metropolitan Enforcement Groups in accordance with | 16 | | the Intergovernmental Drug Laws Enforcement Act . | 17 | | (d) In addition to any penalty imposed under subsection (a) | 18 | | of this
Section, a $20 assessment shall be assessed by the | 19 | | court, the proceeds of which
shall be collected by the Circuit | 20 | | Clerk. Of the collected proceeds, (i) 90% shall be remitted to | 21 | | the State Treasurer for deposit into the Prescription Pill and | 22 | | Drug Disposal Fund; (ii) 5% shall be remitted for deposit into | 23 | | the Criminal Justice Information Projects Fund, for use by the | 24 | | Illinois Criminal Justice Information Authority for the costs | 25 | | associated with making grants from the Prescription Pill and | 26 | | Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5% |
| | | SB1862 Engrossed | - 9 - | LRB098 07190 RLC 37251 b |
|
| 1 | | for deposit into the Circuit Court Clerk Operation and | 2 | | Administrative Fund for the costs associated with | 3 | | administering this subsection. | 4 | | (Source: P.A. 96-200, eff. 8-10-09; 96-402, eff. 1-1-10; | 5 | | 96-1000, eff. 7-2-10; 96-1234, eff. 7-23-10; 97-545, eff. | 6 | | 1-1-12.)
| 7 | | Section 99. Effective date. This Act takes effect July 1, | 8 | | 2013.
|
|