Full Text of SB3558 98th General Assembly
SB3558enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning human trafficking.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Finance Act is amended by adding | 5 | | Section 5.855 as follows: | 6 | | (30 ILCS 105/5.855 new) | 7 | | Sec. 5.855. The Specialized Services for Survivors of Human | 8 | | Trafficking Fund. | 9 | | Section 10. The Clerks of Courts Act is amended by changing | 10 | | Section 27.6 as follows:
| 11 | | (705 ILCS 105/27.6)
| 12 | | (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625, | 13 | | 96-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, and | 14 | | 97-1150) | 15 | | Sec. 27.6. (a) All fees, fines, costs, additional | 16 | | penalties, bail balances
assessed or forfeited, and any other | 17 | | amount paid by a person to the circuit
clerk equalling an | 18 | | amount of $55 or more, except the fine imposed by Section | 19 | | 5-9-1.15
of the Unified Code of Corrections, the additional fee | 20 | | required
by subsections (b) and (c), restitution under Section | 21 | | 5-5-6 of the
Unified Code of Corrections, contributions to a |
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| 1 | | local anti-crime program ordered pursuant to Section | 2 | | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | 3 | | Corrections, reimbursement for the costs of an emergency
| 4 | | response as provided under Section 11-501 of the Illinois | 5 | | Vehicle Code,
any fees collected for attending a traffic safety | 6 | | program under paragraph (c)
of Supreme Court Rule 529, any fee | 7 | | collected on behalf of a State's Attorney
under Section 4-2002 | 8 | | of the Counties Code or a sheriff under Section 4-5001
of the | 9 | | Counties Code, or any cost imposed under Section 124A-5 of the | 10 | | Code of
Criminal Procedure of 1963, for convictions, orders of | 11 | | supervision, or any
other disposition for a violation of | 12 | | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | 13 | | similar provision of a local ordinance, and any
violation of | 14 | | the Child Passenger Protection Act, or a similar provision of a
| 15 | | local ordinance, and except as otherwise provided in this | 16 | | Section
shall be disbursed
within 60 days after receipt by the | 17 | | circuit
clerk as follows: 44.5% shall be disbursed to the | 18 | | entity authorized by law to
receive the fine imposed in the | 19 | | case; 16.825% shall be disbursed to the State
Treasurer; and | 20 | | 38.675% shall be disbursed to the county's general corporate
| 21 | | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | 22 | | shall be deposited
by the State Treasurer into the Violent | 23 | | Crime Victims Assistance Fund, 5.052/17
shall be deposited into | 24 | | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall | 25 | | be deposited into the Drivers Education Fund, and 6.948/17 | 26 | | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 |
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| 1 | | deposited into the
Trauma Center Fund from the 16.825% | 2 | | disbursed to the State Treasurer, 50% shall
be disbursed to the | 3 | | Department of Public Health and 50% shall be disbursed to
the | 4 | | Department of Healthcare and Family Services. For fiscal year | 5 | | 1993, amounts deposited into
the Violent Crime Victims | 6 | | Assistance Fund, the Traffic and Criminal
Conviction Surcharge | 7 | | Fund, or the Drivers Education Fund shall not exceed 110%
of | 8 | | the amounts deposited into those funds in fiscal year 1991. Any
| 9 | | amount that exceeds the 110% limit shall be distributed as | 10 | | follows: 50%
shall be disbursed to the county's general | 11 | | corporate fund and 50% shall be
disbursed to the entity | 12 | | authorized by law to receive the fine imposed in
the case. 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 Section during the preceding year based upon
| 16 | | independent verification of fines and fees. All counties shall | 17 | | be subject
to this Section, except that counties with a | 18 | | population under 2,000,000
may, by ordinance, elect not to be | 19 | | subject to this Section. For offenses
subject to this Section, | 20 | | judges shall impose one total sum of money payable
for | 21 | | violations. The circuit clerk may add on no additional amounts | 22 | | except
for amounts that are required by Sections 27.3a and | 23 | | 27.3c of
this Act, unless those amounts are specifically waived | 24 | | by the judge. With
respect to money collected by the circuit | 25 | | clerk as a result of
forfeiture of bail, ex parte judgment or | 26 | | guilty plea pursuant to Supreme
Court Rule 529, the circuit |
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| 1 | | clerk shall first deduct and pay amounts
required by Sections | 2 | | 27.3a and 27.3c of this Act. This Section is a denial
and | 3 | | limitation of home rule powers and functions under subsection | 4 | | (h) of
Section 6 of Article VII of the Illinois Constitution.
| 5 | | (b) In addition to any other fines and court costs assessed | 6 | | by the courts,
any person convicted or receiving an order of | 7 | | supervision for driving under
the influence of alcohol or drugs | 8 | | shall pay an additional fee of $100 to the
clerk of the circuit | 9 | | court. This amount, less 2 1/2% that shall be used to
defray | 10 | | administrative costs incurred by the clerk, shall be remitted | 11 | | by the
clerk to the Treasurer within 60 days after receipt for | 12 | | deposit into the Trauma
Center Fund. This additional fee of | 13 | | $100 shall not be considered a part of the
fine for purposes of | 14 | | any reduction in the fine for time served either before or
| 15 | | after sentencing. Not later than March 1 of each year the | 16 | | Circuit Clerk shall
submit a report of the amount of funds | 17 | | remitted to the State Treasurer under
this subsection during | 18 | | the preceding calendar year.
| 19 | | (b-1) In addition to any other fines and court costs | 20 | | assessed by the courts,
any person convicted or receiving an | 21 | | order of supervision for driving under the
influence of alcohol | 22 | | or drugs shall pay an additional fee of $5 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 Spinal Cord Injury Paralysis Cure |
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| 1 | | Research Trust Fund.
This additional fee of $5 shall not
be | 2 | | considered a part of the fine for purposes of any reduction in | 3 | | the fine for
time served either before or after sentencing. Not | 4 | | later than March 1 of each
year the Circuit Clerk shall submit | 5 | | a report of the amount of funds remitted to
the State Treasurer | 6 | | under this subsection during the preceding calendar
year.
| 7 | | (c) In addition to any other fines and court costs assessed | 8 | | by the courts,
any person convicted for a violation of Sections | 9 | | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or the | 10 | | Criminal Code of 2012 or a person sentenced for a violation of | 11 | | the Cannabis
Control Act, the Illinois Controlled Substances | 12 | | Act, or the Methamphetamine Control and Community Protection | 13 | | Act
shall pay an additional fee of $100 to the clerk
of the | 14 | | circuit court. This amount, less
2 1/2% that shall be used to | 15 | | defray administrative costs incurred by the clerk,
shall be | 16 | | remitted by the clerk to the Treasurer within 60 days after | 17 | | receipt
for deposit into the Trauma Center Fund. This | 18 | | additional fee of $100 shall not
be considered a part of the | 19 | | fine for purposes of any reduction in the fine for
time served | 20 | | either before or after sentencing. Not later than March 1 of | 21 | | each
year the Circuit Clerk shall submit a report of the amount | 22 | | of funds remitted to
the State Treasurer under this subsection | 23 | | during the preceding calendar year.
| 24 | | (c-1) In addition to any other fines and court costs | 25 | | assessed by the
courts, any person sentenced for a violation of | 26 | | the Cannabis Control Act,
the Illinois Controlled Substances |
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| 1 | | Act, or the Methamphetamine Control and Community Protection | 2 | | Act shall pay an additional fee of $5 to the
clerk of the | 3 | | circuit court. This amount, less 2 1/2% that shall be used to
| 4 | | defray administrative costs incurred by the clerk, shall be | 5 | | remitted by the
clerk to the Treasurer within 60 days after | 6 | | receipt for deposit into the Spinal
Cord Injury Paralysis Cure | 7 | | Research Trust Fund. This additional fee of $5
shall not be | 8 | | considered a part of the fine for purposes of any reduction in | 9 | | the
fine for time served either before or after sentencing. Not | 10 | | later than March 1
of each year the Circuit Clerk shall submit | 11 | | a report of the amount of funds
remitted to the State Treasurer | 12 | | under this subsection during the preceding
calendar year.
| 13 | | (d) The following amounts must be remitted to the State | 14 | | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| 15 | | (1) 50% of the amounts collected for felony offenses | 16 | | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | 17 | | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | 18 | | Animals Act and Section 26-5 or 48-1 of the Criminal Code | 19 | | of
1961 or the Criminal Code of 2012;
| 20 | | (2) 20% of the amounts collected for Class A and Class | 21 | | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | 22 | | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | 23 | | for Animals Act and Section 26-5 or 48-1 of the Criminal
| 24 | | Code of 1961 or the Criminal Code of 2012; and
| 25 | | (3) 50% of the amounts collected for Class C | 26 | | misdemeanors under Sections
4.01 and 7.1 of the Humane Care |
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| 1 | | for Animals Act and Section 26-5 or 48-1 of the
Criminal | 2 | | Code of 1961 or the Criminal Code of 2012.
| 3 | | (e) Any person who receives a disposition of court | 4 | | supervision for a violation of the Illinois Vehicle Code or a | 5 | | similar provision of a local ordinance shall, in addition to | 6 | | any other fines, fees, and court costs, pay an additional fee | 7 | | of $29, to be disbursed as provided in Section 16-104c of the | 8 | | Illinois Vehicle Code. In addition to the fee of $29, the | 9 | | person shall also pay a fee of $6, if not waived by the court. | 10 | | If this $6 fee is collected, $5.50 of the fee shall be | 11 | | deposited into the Circuit Court Clerk Operation and | 12 | | Administrative Fund created by the Clerk of the Circuit Court | 13 | | and 50 cents of the fee shall be deposited into the Prisoner | 14 | | Review Board Vehicle and Equipment Fund in the State treasury.
| 15 | | (f) This Section does not apply to the additional child | 16 | | pornography fines assessed and collected under Section | 17 | | 5-9-1.14 of the Unified Code of Corrections.
| 18 | | (g) (Blank). | 19 | | (h) (Blank). | 20 | | (i)
Of the amounts collected as fines under subsection (b) | 21 | | of Section 3-712 of the Illinois Vehicle Code, 99% shall be | 22 | | deposited into the Illinois Military Family Relief Fund and 1% | 23 | | shall be deposited into the Circuit Court Clerk Operation and | 24 | | Administrative Fund created by the Clerk of the Circuit Court | 25 | | to be used to offset the costs incurred by the Circuit Court | 26 | | Clerk in performing the additional duties required to collect |
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| 1 | | and disburse funds to entities of State and local government as | 2 | | provided by law.
| 3 | | (j) 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 (j) becomes inoperative 7 years after the | 11 | | effective date of Public Act 95-154. | 12 | | (k) For any conviction or disposition of court supervision | 13 | | for a violation of Section 11-1429 of the Illinois Vehicle | 14 | | Code, the circuit clerk shall distribute the fines paid by the | 15 | | person as specified by subsection (h) of Section 11-1429 of the | 16 | | Illinois Vehicle Code. | 17 | | (l) Any person who receives a disposition of court | 18 | | supervision for a violation of Section 11-501 of the Illinois | 19 | | Vehicle Code or a similar provision of a local ordinance shall, | 20 | | in addition to any other fines, fees, and court costs, pay an | 21 | | additional fee of $50, which shall
be collected by the circuit | 22 | | clerk and then remitted to the State Treasurer for deposit into | 23 | | the Roadside Memorial Fund, a special fund in the State | 24 | | treasury. However, the court may waive the fee if full | 25 | | restitution is complied with. Subject to appropriation, all | 26 | | moneys in the Roadside Memorial Fund shall be used by the |
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| 1 | | Department of Transportation to pay fees imposed under | 2 | | subsection (f) of Section 20 of the Roadside Memorial Act. The | 3 | | fee shall be remitted by the circuit clerk within one month | 4 | | after receipt to the State Treasurer for deposit into the | 5 | | Roadside Memorial Fund. | 6 | | (m) Of the amounts collected as fines under subsection (c) | 7 | | of Section 411.4 of the Illinois Controlled Substances Act or | 8 | | subsection (c) of Section 90 of the Methamphetamine Control and | 9 | | Community Protection Act, 99% shall be deposited to the law | 10 | | enforcement agency or fund specified and 1% shall be deposited | 11 | | into the Circuit Court Clerk Operation and Administrative Fund | 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 | | (n) In addition to any other fines and court costs assessed | 17 | | by the courts, any person who is convicted of or pleads guilty | 18 | | to a violation of the Criminal Code of 1961 or the Criminal | 19 | | Code of 2012, or a similar provision of a local ordinance, or | 20 | | who is convicted of, pleads guilty to, or receives a | 21 | | disposition of court supervision for a violation of the | 22 | | Illinois Vehicle Code, or a similar provision of a local | 23 | | ordinance, shall pay an additional fee of $15 to the clerk of | 24 | | the circuit court. This additional fee of $15 shall not be | 25 | | considered a part of the fine for purposes of any reduction in | 26 | | the fine for time served either before or after sentencing. |
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| 1 | | This amount, less 2.5% that shall be used to defray | 2 | | administrative costs incurred by the clerk, shall be remitted | 3 | | by the clerk to the State Treasurer within 60 days after | 4 | | receipt for deposit into the State Police Merit Board Public | 5 | | Safety Fund. | 6 | | (o) The amounts collected as fines under Sections 10-9, | 7 | | 11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall | 8 | | be collected by the circuit clerk and distributed as provided | 9 | | under Section 5-9-1.21 of the Unified Code of Corrections in | 10 | | lieu of any disbursement under subsection (a) of this Section. | 11 | | (Source: P.A. 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428, | 12 | | eff. 8-24-07; 95-600, eff. 6-1-08; 95-876, eff. 8-21-08; | 13 | | 96-286, eff. 8-11-09; 96-576, eff. 8-18-09; 96-578, eff. | 14 | | 8-18-09; 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-1175, | 15 | | eff. 9-20-10; 96-1342, eff. 1-1-11; 97-1051, eff. 1-1-13; | 16 | | 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.) | 17 | | (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667, | 18 | | 96-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, and | 19 | | 97-1150) | 20 | | Sec. 27.6. (a) All fees, fines, costs, additional | 21 | | penalties, bail balances
assessed or forfeited, and any other | 22 | | amount paid by a person to the circuit
clerk equalling an | 23 | | amount of $55 or more, except the fine imposed by Section | 24 | | 5-9-1.15
of the Unified Code of Corrections, the additional fee | 25 | | required
by subsections (b) and (c), restitution under Section |
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| 1 | | 5-5-6 of the
Unified Code of Corrections, contributions to a | 2 | | local anti-crime program ordered pursuant to Section | 3 | | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | 4 | | Corrections, reimbursement for the costs of an emergency
| 5 | | response as provided under Section 11-501 of the Illinois | 6 | | Vehicle Code,
any fees collected for attending a traffic safety | 7 | | program under paragraph (c)
of Supreme Court Rule 529, any fee | 8 | | collected on behalf of a State's Attorney
under Section 4-2002 | 9 | | of the Counties Code or a sheriff under Section 4-5001
of the | 10 | | Counties Code, or any cost imposed under Section 124A-5 of the | 11 | | Code of
Criminal Procedure of 1963, for convictions, orders of | 12 | | supervision, or any
other disposition for a violation of | 13 | | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | 14 | | similar provision of a local ordinance, and any
violation of | 15 | | the Child Passenger Protection Act, or a similar provision of a
| 16 | | local ordinance, and except as otherwise provided in this | 17 | | Section
shall be disbursed
within 60 days after receipt by the | 18 | | circuit
clerk as follows: 44.5% shall be disbursed to the | 19 | | entity authorized by law to
receive the fine imposed in the | 20 | | case; 16.825% shall be disbursed to the State
Treasurer; and | 21 | | 38.675% shall be disbursed to the county's general corporate
| 22 | | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | 23 | | shall be deposited
by the State Treasurer into the Violent | 24 | | Crime Victims Assistance Fund, 5.052/17
shall be deposited into | 25 | | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall | 26 | | be deposited into the Drivers Education Fund, and 6.948/17 |
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| 1 | | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 | 2 | | deposited into the
Trauma Center Fund from the 16.825% | 3 | | disbursed to the State Treasurer, 50% shall
be disbursed to the | 4 | | Department of Public Health and 50% shall be disbursed to
the | 5 | | Department of Healthcare and Family Services. For fiscal year | 6 | | 1993, amounts deposited into
the Violent Crime Victims | 7 | | Assistance Fund, the Traffic and Criminal
Conviction Surcharge | 8 | | Fund, or the Drivers Education Fund shall not exceed 110%
of | 9 | | the amounts deposited into those funds in fiscal year 1991. Any
| 10 | | amount that exceeds the 110% limit shall be distributed as | 11 | | follows: 50%
shall be disbursed to the county's general | 12 | | corporate fund and 50% shall be
disbursed to the entity | 13 | | authorized by law to receive the fine imposed in
the case. Not | 14 | | later than March 1 of each year the circuit clerk
shall submit | 15 | | a report of the amount of funds remitted to the State
Treasurer | 16 | | under this Section during the preceding year based upon
| 17 | | independent verification of fines and fees. All counties shall | 18 | | be subject
to this Section, except that counties with a | 19 | | population under 2,000,000
may, by ordinance, elect not to be | 20 | | subject to this Section. For offenses
subject to this Section, | 21 | | judges shall impose one total sum of money payable
for | 22 | | violations. The circuit clerk may add on no additional amounts | 23 | | except
for amounts that are required by Sections 27.3a and | 24 | | 27.3c of
this Act, Section 16-104c of the Illinois Vehicle | 25 | | Code, and subsection (a) of Section 5-1101 of the Counties | 26 | | Code, unless those amounts are specifically waived by the |
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| 1 | | judge. With
respect to money collected by the circuit clerk as | 2 | | a result of
forfeiture of bail, ex parte judgment or guilty | 3 | | plea pursuant to Supreme
Court Rule 529, the circuit clerk | 4 | | shall first deduct and pay amounts
required by Sections 27.3a | 5 | | and 27.3c of this Act. Unless a court ordered payment schedule | 6 | | is implemented or fee requirements are waived pursuant to court | 7 | | order, the clerk of the court may add to any unpaid fees and | 8 | | costs a delinquency amount equal to 5% of the unpaid fees that | 9 | | remain unpaid after 30 days, 10% of the unpaid fees that remain | 10 | | unpaid after 60 days, and 15% of the unpaid fees that remain | 11 | | unpaid after 90 days. Notice to those parties may be made by | 12 | | signage posting or publication. The additional delinquency | 13 | | amounts collected under this Section shall be deposited in the | 14 | | Circuit Court Clerk Operation and Administrative Fund to be | 15 | | used to defray administrative costs incurred by the circuit | 16 | | clerk in performing the duties required to collect and disburse | 17 | | funds. This Section is a denial
and limitation of home rule | 18 | | powers and functions under subsection (h) of
Section 6 of | 19 | | Article VII of the Illinois Constitution.
| 20 | | (b) In addition to any other fines and court costs assessed | 21 | | by the courts,
any person convicted or receiving an order of | 22 | | supervision for driving under
the influence of alcohol or drugs | 23 | | shall pay an additional fee of $100 to the
clerk of the circuit | 24 | | court. This amount, less 2 1/2% that shall be used to
defray | 25 | | administrative costs incurred by the clerk, shall be remitted | 26 | | by the
clerk to the Treasurer within 60 days after receipt for |
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| 1 | | deposit into the Trauma
Center Fund. This additional fee of | 2 | | $100 shall not be considered a part of the
fine for purposes of | 3 | | any reduction in the fine for time served either before or
| 4 | | after sentencing. Not later than March 1 of each year the | 5 | | Circuit Clerk shall
submit a report of the amount of funds | 6 | | remitted to the State Treasurer under
this subsection during | 7 | | the preceding calendar year.
| 8 | | (b-1) In addition to any other fines and court costs | 9 | | assessed by the courts,
any person convicted or receiving an | 10 | | order of supervision for driving under the
influence of alcohol | 11 | | or drugs 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 | | (c) In addition to any other fines and court costs assessed | 23 | | by the courts,
any person convicted for a violation of Sections | 24 | | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or the | 25 | | Criminal Code of 2012 or a person sentenced for a violation of | 26 | | the Cannabis
Control Act, the Illinois Controlled Substances |
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| 1 | | Act, or the Methamphetamine Control and Community Protection | 2 | | Act
shall pay an additional fee of $100 to the clerk
of the | 3 | | circuit court. This amount, less
2 1/2% that shall be used to | 4 | | defray administrative costs incurred by the clerk,
shall be | 5 | | remitted by the clerk to the Treasurer within 60 days after | 6 | | receipt
for deposit into the Trauma Center Fund. This | 7 | | additional fee of $100 shall not
be considered a part of the | 8 | | fine for purposes of any reduction in the fine for
time served | 9 | | either before or after sentencing. Not later than March 1 of | 10 | | each
year the Circuit Clerk shall submit a report of the amount | 11 | | of funds remitted to
the State Treasurer under this subsection | 12 | | during the preceding calendar year.
| 13 | | (c-1) In addition to any other fines and court costs | 14 | | assessed by the
courts, any person sentenced for a violation of | 15 | | the Cannabis Control Act,
the Illinois Controlled Substances | 16 | | Act, or the Methamphetamine Control and Community Protection | 17 | | Act shall pay an additional fee of $5 to the
clerk of the | 18 | | circuit court. This amount, less 2 1/2% that shall be used to
| 19 | | defray administrative costs incurred by the clerk, shall be | 20 | | remitted by the
clerk to the Treasurer within 60 days after | 21 | | receipt for deposit into the Spinal
Cord Injury Paralysis Cure | 22 | | Research Trust Fund. This additional fee of $5
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. Not | 25 | | later than March 1
of each year the Circuit Clerk shall submit | 26 | | a report of the amount of funds
remitted to the State Treasurer |
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| 1 | | under this subsection during the preceding
calendar year.
| 2 | | (d) The following amounts must be remitted to the State | 3 | | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| 4 | | (1) 50% of the amounts collected for felony offenses | 5 | | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | 6 | | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | 7 | | Animals Act and Section 26-5 or 48-1 of the Criminal Code | 8 | | of
1961 or the Criminal Code of 2012;
| 9 | | (2) 20% of the amounts collected for Class A and Class | 10 | | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | 11 | | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | 12 | | for Animals Act and Section 26-5 or 48-1 of the Criminal
| 13 | | Code of 1961 or the Criminal Code of 2012; and
| 14 | | (3) 50% of the amounts collected for Class C | 15 | | misdemeanors under Sections
4.01 and 7.1 of the Humane Care | 16 | | for Animals Act and Section 26-5 or 48-1 of the
Criminal | 17 | | Code of 1961 or the Criminal Code of 2012.
| 18 | | (e) Any person who receives a disposition of court | 19 | | supervision for a violation of the Illinois Vehicle Code or a | 20 | | similar provision of a local ordinance shall, in addition to | 21 | | any other fines, fees, and court costs, pay an additional fee | 22 | | of $29, to be disbursed as provided in Section 16-104c of the | 23 | | Illinois Vehicle Code. In addition to the fee of $29, the | 24 | | person shall also pay a fee of $6, if not waived by the court. | 25 | | If this $6 fee is collected, $5.50 of the fee shall be | 26 | | deposited into the Circuit Court Clerk Operation and |
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| 1 | | Administrative Fund created by the Clerk of the Circuit Court | 2 | | and 50 cents of the fee shall be deposited into the Prisoner | 3 | | Review Board Vehicle and Equipment Fund in the State treasury.
| 4 | | (f) This Section does not apply to the additional child | 5 | | pornography fines assessed and collected under Section | 6 | | 5-9-1.14 of the Unified Code of Corrections.
| 7 | | (g) Any person convicted of or pleading guilty to a serious | 8 | | traffic violation, as defined in Section 1-187.001 of the | 9 | | Illinois Vehicle Code, shall pay an additional fee of $35, to | 10 | | be disbursed as provided in Section 16-104d of that Code. This | 11 | | subsection (g) becomes inoperative 7 years after the effective | 12 | | date of Public Act 95-154. | 13 | | (h) In all counties having a population of 3,000,000 or | 14 | | more inhabitants, | 15 | | (1) A person who is found guilty of or pleads guilty to | 16 | | violating subsection (a) of Section 11-501 of the Illinois | 17 | | Vehicle Code, including any person placed on court | 18 | | supervision for violating subsection (a), shall be fined | 19 | | $750 as provided for by subsection (f) of Section 11-501.01 | 20 | | of the Illinois Vehicle Code, payable to the circuit clerk, | 21 | | who shall distribute the money pursuant to subsection (f) | 22 | | of Section 11-501.01 of the Illinois Vehicle Code. | 23 | | (2) When a crime laboratory DUI analysis fee of $150, | 24 | | provided for by Section 5-9-1.9 of the Unified Code of | 25 | | Corrections is assessed, it shall be disbursed by the | 26 | | circuit clerk as provided by subsection (f) of Section |
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| 1 | | 5-9-1.9 of the Unified Code of Corrections. | 2 | | (3) When a fine for a violation of Section 11-605.1 of | 3 | | the Illinois Vehicle Code is $250 or greater, the person | 4 | | who violated that Section shall be charged an additional | 5 | | $125 as provided for by subsection (e) of Section 11-605.1 | 6 | | of the Illinois Vehicle Code, which shall be disbursed by | 7 | | the circuit clerk to a State or county Transportation | 8 | | Safety Highway Hire-back Fund as provided by subsection (e) | 9 | | of Section 11-605.1 of the Illinois Vehicle Code. | 10 | | (4) When a fine for a violation of subsection (a) of | 11 | | Section 11-605 of the Illinois Vehicle Code is $150 or | 12 | | greater, the additional $50 which is charged as provided | 13 | | for by subsection (f) of Section 11-605 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 (f) of Section 11-605. | 17 | | (5) When a fine for a violation of subsection (a) of | 18 | | Section 11-1002.5 of the Illinois Vehicle Code is $150 or | 19 | | greater, the additional $50 which is charged as provided | 20 | | for by subsection (c) of Section 11-1002.5 of the Illinois | 21 | | Vehicle Code shall be disbursed by the circuit clerk to a | 22 | | school district or districts for school safety purposes as | 23 | | provided by subsection (c) of Section 11-1002.5 of the | 24 | | Illinois Vehicle Code. | 25 | | (6) When a mandatory drug court fee of up to $5 is | 26 | | assessed as provided in subsection (f) of Section 5-1101 of |
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| 1 | | the Counties Code, it shall be disbursed by the circuit | 2 | | clerk as provided in subsection (f) of Section 5-1101 of | 3 | | the Counties Code. | 4 | | (7) When a mandatory teen court, peer jury, youth | 5 | | court, or other youth diversion program fee is assessed as | 6 | | provided in subsection (e) of Section 5-1101 of the | 7 | | Counties Code, it shall be disbursed by the circuit clerk | 8 | | as provided in subsection (e) of Section 5-1101 of the | 9 | | Counties Code. | 10 | | (8) When a Children's Advocacy Center fee is assessed | 11 | | pursuant to subsection (f-5) of Section 5-1101 of the | 12 | | Counties Code, it shall be disbursed by the circuit clerk | 13 | | as provided in subsection (f-5) of Section 5-1101 of the | 14 | | Counties Code. | 15 | | (9) When a victim impact panel fee is assessed pursuant | 16 | | to subsection (b) of Section 11-501.01 of the Vehicle Code, | 17 | | it shall be disbursed by the circuit clerk to the victim | 18 | | impact panel to be attended by the defendant. | 19 | | (10) When a new fee collected in traffic cases is | 20 | | enacted after the effective date of this subsection (h), it | 21 | | shall be excluded from the percentage disbursement | 22 | | provisions of this Section unless otherwise indicated by | 23 | | law. | 24 | | (i)
Of the amounts collected as fines under subsection (b) | 25 | | of Section 3-712 of the Illinois Vehicle Code, 99% shall be | 26 | | deposited into the Illinois Military Family Relief Fund and 1% |
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| 1 | | shall be deposited into the Circuit Court Clerk Operation and | 2 | | Administrative Fund created by the Clerk of the Circuit Court | 3 | | to be used to offset the costs incurred by the Circuit Court | 4 | | Clerk in performing the additional duties required to collect | 5 | | and disburse funds to entities of State and local government as | 6 | | provided by law.
| 7 | | (j) (Blank). | 8 | | (k) For any conviction or disposition of court supervision | 9 | | for a violation of Section 11-1429 of the Illinois Vehicle | 10 | | Code, the circuit clerk shall distribute the fines paid by the | 11 | | person as specified by subsection (h) of Section 11-1429 of the | 12 | | Illinois Vehicle Code. | 13 | | (l) Any person who receives a disposition of court | 14 | | supervision for a violation of Section 11-501 of the Illinois | 15 | | Vehicle Code or a similar provision of a local ordinance shall, | 16 | | in addition to any other fines, fees, and court costs, pay an | 17 | | additional fee of $50, which shall
be collected by the circuit | 18 | | clerk and then remitted to the State Treasurer for deposit into | 19 | | the Roadside Memorial Fund, a special fund in the State | 20 | | treasury. However, the court may waive the fee if full | 21 | | restitution is complied with. Subject to appropriation, all | 22 | | moneys in the Roadside Memorial Fund shall be used by the | 23 | | Department of Transportation to pay fees imposed under | 24 | | subsection (f) of Section 20 of the Roadside Memorial Act. The | 25 | | fee shall be remitted by the circuit clerk within one month | 26 | | after receipt to the State Treasurer for deposit into the |
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| 1 | | Roadside Memorial Fund. | 2 | | (m) Of the amounts collected as fines under subsection (c) | 3 | | of Section 411.4 of the Illinois Controlled Substances Act or | 4 | | subsection (c) of Section 90 of the Methamphetamine Control and | 5 | | Community Protection Act, 99% shall be deposited to the law | 6 | | enforcement agency or fund specified and 1% shall be deposited | 7 | | into the Circuit Court Clerk Operation and Administrative Fund | 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 | | (n) In addition to any other fines and court costs assessed | 13 | | by the courts, any person who is convicted of or pleads guilty | 14 | | to a violation of the Criminal Code of 1961 or the Criminal | 15 | | Code of 2012, or a similar provision of a local ordinance, or | 16 | | who is convicted of, pleads guilty to, or receives a | 17 | | disposition of court supervision for a violation of the | 18 | | Illinois Vehicle Code, or a similar provision of a local | 19 | | ordinance, shall pay an additional fee of $15 to the clerk of | 20 | | the circuit court. This additional fee of $15 shall not be | 21 | | considered a part of the fine for purposes of any reduction in | 22 | | the fine for time served either before or after sentencing. | 23 | | This amount, less 2.5% that shall be used to defray | 24 | | administrative costs incurred by the clerk, shall be remitted | 25 | | by the clerk to the State Treasurer within 60 days after | 26 | | receipt for deposit into the State Police Merit Board Public |
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| 1 | | Safety Fund. | 2 | | (o) The amounts collected as fines under Sections 10-9, | 3 | | 11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall | 4 | | be collected by the circuit clerk and distributed as provided | 5 | | under Section 5-9-1.21 of the Unified Code of Corrections in | 6 | | lieu of any disbursement under subsection (a) of this Section. | 7 | | (Source: P.A. 96-576, eff. 8-18-09; 96-578, eff. 8-18-09; | 8 | | 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-735, eff. 1-1-10; | 9 | | 96-1175, eff. 9-20-10; 96-1342, eff. 1-1-11; 97-434, eff. | 10 | | 1-1-12; 97-1051, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1150, | 11 | | eff. 1-25-13.) | 12 | | Section 15. The Criminal Code of 2012 is amended by | 13 | | changing Sections 10-9, 11-14.1, 11-14.3, 11-18, and 36.5-5 as | 14 | | follows: | 15 | | (720 ILCS 5/10-9) | 16 | | Sec. 10-9. Trafficking in persons, involuntary servitude, | 17 | | and related offenses. | 18 | | (a) Definitions. In this Section: | 19 | | (1) "Intimidation" has the meaning prescribed in | 20 | | Section 12-6. | 21 | | (2) "Commercial sexual activity" means any sex act on | 22 | | account of which anything of value is given, promised to, | 23 | | or received by any person.
| 24 | | (3) "Financial harm" includes intimidation that brings |
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| 1 | | about financial loss, criminal usury, or employment | 2 | | contracts that violate the Frauds Act. | 3 | | (4) (Blank). " | 4 | | (5) "Labor" means work of economic or financial value. | 5 | | (6) "Maintain" means, in relation to labor or services, | 6 | | to secure continued performance thereof, regardless of any | 7 | | initial agreement on the part of the victim to perform that | 8 | | type of service. | 9 | | (7) "Obtain" means, in relation to labor or services, | 10 | | to secure performance thereof. | 11 | | (7.5) "Serious harm" means any harm, whether physical | 12 | | or nonphysical, including psychological, financial, or | 13 | | reputational harm, that is sufficiently serious, under all | 14 | | the surrounding circumstances, to compel a reasonable | 15 | | person of the same background and in the same circumstances | 16 | | to perform or to continue performing labor or services in | 17 | | order to avoid incurring that harm. | 18 | | (8) "Services" means activities resulting from a | 19 | | relationship between a person and the actor in which the | 20 | | person performs activities under the supervision of or for | 21 | | the benefit of the actor. Commercial sexual activity and | 22 | | sexually-explicit performances are forms of activities | 23 | | that are "services" under this Section. Nothing in this | 24 | | definition may be construed to legitimize or legalize | 25 | | prostitution. | 26 | | (9) "Sexually-explicit performance" means a live, |
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| 1 | | recorded, broadcast (including over the Internet), or | 2 | | public act or show intended to arouse or satisfy the sexual | 3 | | desires or appeal to the prurient interests of patrons. | 4 | | (10) "Trafficking victim" means a person subjected to | 5 | | the practices set forth in subsection (b), (c), or (d). | 6 | | (b) Involuntary servitude. A person commits involuntary | 7 | | servitude when he or she knowingly subjects, attempts to | 8 | | subject, or engages in a conspiracy to subject another person | 9 | | to labor or services obtained or maintained through any of the | 10 | | following means, or any combination of these means: | 11 | | (1) causes or threatens to cause physical harm to any | 12 | | person; | 13 | | (2) physically restrains or threatens to physically | 14 | | restrain another person; | 15 | | (3) abuses or threatens to abuse the law or legal | 16 | | process; | 17 | | (4) knowingly destroys, conceals, removes, | 18 | | confiscates, or possesses any actual or purported passport | 19 | | or other immigration document, or any other actual or | 20 | | purported government identification document, of another | 21 | | person; | 22 | | (5) uses intimidation, or exerts financial control | 23 | | over any person; or | 24 | | (6) uses any scheme, plan, or pattern intended to cause | 25 | | the person to believe that, if the person did not perform | 26 | | the labor or services, that person or another person would |
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| 1 | | suffer serious harm or physical restraint. | 2 | | Sentence. Except as otherwise provided in subsection (e) or | 3 | | (f), a violation of subsection (b)(1) is a Class X felony, | 4 | | (b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4) | 5 | | is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony. | 6 | | (c) Involuntary sexual servitude of a minor. A person | 7 | | commits involuntary sexual servitude of a minor when he or she | 8 | | knowingly recruits, entices, harbors, transports, provides, or | 9 | | obtains by any means, or attempts to recruit, entice, harbor, | 10 | | provide, or obtain by any means, another person under 18 years | 11 | | of age, knowing that the minor will engage in commercial sexual | 12 | | activity, a sexually-explicit performance, or the production | 13 | | of pornography, or causes or attempts to cause a minor to | 14 | | engage in one or more of those activities and: | 15 | | (1) there is no overt force or threat and the minor is | 16 | | between the ages of 17 and 18 years; | 17 | | (2) there is no overt force or threat and the minor is | 18 | | under the age of 17 years; or | 19 | | (3) there is overt force or threat. | 20 | | Sentence. Except as otherwise provided in subsection (e) or | 21 | | (f), a violation of subsection (c)(1) is a Class 1 felony, | 22 | | (c)(2) is a Class X felony, and (c)(3) is a Class X felony. | 23 | | (d) Trafficking in persons. A person commits trafficking in | 24 | | persons when he or she knowingly: (1) recruits, entices, | 25 | | harbors, transports, provides, or obtains by any means, or | 26 | | attempts to recruit, entice, harbor, transport, provide, or |
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| 1 | | obtain by any means, another person, intending or knowing that | 2 | | the person will be subjected to involuntary servitude; or (2) | 3 | | benefits, financially or by receiving anything of value, from | 4 | | participation in a venture that has engaged in an act of | 5 | | involuntary servitude or involuntary sexual servitude of a | 6 | | minor. | 7 | | Sentence. Except as otherwise provided in subsection (e) or | 8 | | (f), a violation of this subsection is a Class 1 felony. | 9 | | (e) Aggravating factors. A violation of this Section | 10 | | involving kidnapping or an attempt to kidnap, aggravated | 11 | | criminal sexual assault or an attempt to commit aggravated | 12 | | criminal sexual assault, or an attempt to commit first degree | 13 | | murder is a Class X felony. | 14 | | (f) Sentencing considerations. | 15 | | (1) Bodily injury. If, pursuant to a violation of this | 16 | | Section, a victim
suffered bodily injury, the defendant may | 17 | | be sentenced to an extended-term sentence under Section | 18 | | 5-8-2 of the Unified Code of Corrections. The sentencing | 19 | | court must take into account the time in which the victim | 20 | | was held in servitude, with increased penalties for cases | 21 | | in which the victim was held for between 180 days and one | 22 | | year, and increased penalties for cases in which the victim | 23 | | was held for more than one year. | 24 | | (2) Number of victims. In determining sentences within | 25 | | statutory maximums, the sentencing court should take into | 26 | | account the number of victims, and may provide for |
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| 1 | | substantially increased sentences in cases involving more | 2 | | than 10 victims. | 3 | | (g) Restitution. Restitution is mandatory under this | 4 | | Section. In addition to any other amount of loss identified, | 5 | | the court shall order restitution including the greater of (1) | 6 | | the gross income or value to the defendant of the victim's | 7 | | labor or services or (2) the value of the victim's labor as | 8 | | guaranteed under the Minimum Wage Law and overtime provisions | 9 | | of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law, | 10 | | whichever is greater. | 11 | | (g-5) Fine distribution. If the court imposes a fine under | 12 | | subsection (b), (c), or (d) of this Section, it shall be | 13 | | collected and distributed to the Specialized Services for | 14 | | Survivors of Human Trafficking Fund in accordance with Section | 15 | | 5-9-1.21 of the Unified Code of Corrections. | 16 | | (h) Trafficking victim services. Subject to the | 17 | | availability of funds, the Department of Human Services may | 18 | | provide or fund emergency services and assistance to | 19 | | individuals who are victims of one or more offenses defined in | 20 | | this Section.
| 21 | | (i) Certification. The Attorney General, a State's | 22 | | Attorney, or any law enforcement official shall certify in | 23 | | writing to the United States Department of Justice or other | 24 | | federal agency, such as the United States Department of | 25 | | Homeland Security, that an investigation or prosecution under | 26 | | this Section has begun and the individual who is a likely |
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| 1 | | victim of a crime described in this Section is willing to | 2 | | cooperate or is cooperating with the investigation to enable | 3 | | the individual, if eligible under federal law, to qualify for | 4 | | an appropriate special immigrant visa and to access available | 5 | | federal benefits. Cooperation with law enforcement shall not be | 6 | | required of victims of a crime described in this Section who | 7 | | are under 18 years of age. This certification shall be made | 8 | | available to the victim and his or her designated legal | 9 | | representative. | 10 | | (j) A person who commits involuntary servitude, | 11 | | involuntary sexual servitude of a minor, or trafficking in | 12 | | persons under subsection (b), (c), or (d) of this Section is | 13 | | subject to the property forfeiture provisions set forth in | 14 | | Article 124B of the Code of Criminal Procedure of 1963.
| 15 | | (Source: P.A. 96-710, eff. 1-1-10; incorporates 96-712, eff. | 16 | | 1-1-10; 96-1000, eff. 7-2-10; 97-897, eff. 1-1-13; revised | 17 | | 11-12-13.) | 18 | | (720 ILCS 5/11-14.1) | 19 | | Sec. 11-14.1. Solicitation of a sexual act. | 20 | | (a) Any person who offers a person not his or her spouse | 21 | | any money,
property, token, object, or article or anything of | 22 | | value for that person or any other person not his or her spouse | 23 | | to
perform any act of sexual penetration as defined in Section | 24 | | 11-0.1 of this Code,
or any touching or fondling of the sex | 25 | | organs of one person by another person
for the purpose of |
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| 1 | | sexual arousal or gratification, commits solicitation of a | 2 | | sexual act. | 3 | | (b) Sentence. Solicitation of a sexual act is a Class A | 4 | | misdemeanor. Solicitation of a sexual act from a person who is | 5 | | under the age of 18 or who is severely or profoundly | 6 | | intellectually disabled is a Class 4 felony. If the court | 7 | | imposes a fine under this subsection (b), it shall be collected | 8 | | and distributed to the Specialized Services for Survivors of | 9 | | Human Trafficking Fund in accordance with Section 5-9-1.21 of | 10 | | the Unified Code of Corrections. | 11 | | (b-5) It is an affirmative defense to a charge of | 12 | | solicitation of a sexual act with a person who is under the age | 13 | | of 18 or who is severely or profoundly intellectually disabled | 14 | | that the accused reasonably believed the person was of the age | 15 | | of 18 years or over or was not a severely or profoundly | 16 | | intellectually disabled person at the time of the act giving | 17 | | rise to the charge. | 18 | | (c) This Section does not apply to a person engaged in | 19 | | prostitution who is under 18 years of age. | 20 | | (d) A person cannot be convicted under this Section if the | 21 | | practice of prostitution underlying the offense consists | 22 | | exclusively of the accused's own acts of prostitution under | 23 | | Section 11-14 of this Code. | 24 | | (Source: P.A. 96-1464, eff. 8-20-10; 96-1551, eff. 7-1-11; | 25 | | 97-227, eff. 1-1-12; 97-1109, eff. 1-1-13.) |
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| 1 | | (720 ILCS 5/11-14.3) | 2 | | Sec. 11-14.3. Promoting prostitution. | 3 | | (a) Any person who knowingly performs any of the following | 4 | | acts commits promoting prostitution: | 5 | | (1) advances prostitution as defined in Section | 6 | | 11-0.1; | 7 | | (2) profits from prostitution by: | 8 | | (A) compelling a person to become a prostitute; | 9 | | (B) arranging or offering to arrange a situation in | 10 | | which a person may practice prostitution; or | 11 | | (C) any means other than those described in | 12 | | subparagraph (A) or (B), including from a person who | 13 | | patronizes a prostitute. This paragraph (C) does not | 14 | | apply to a person engaged in
prostitution who is under | 15 | | 18 years of age. A person cannot be
convicted of | 16 | | promoting prostitution under this paragraph (C) if the | 17 | | practice of
prostitution underlying the offense | 18 | | consists exclusively of
the accused's own acts of | 19 | | prostitution under Section 11-14 of this Code. | 20 | | (b) Sentence. | 21 | | (1) A violation of subdivision (a)(1) is a Class 4 | 22 | | felony, unless committed within 1,000 feet of real property | 23 | | comprising a school, in which case it is a Class 3 felony. | 24 | | A second or subsequent violation of subdivision (a)(1), or | 25 | | any combination of convictions under subdivision (a)(1), | 26 | | (a)(2)(A), or (a)(2)(B) and Section 11-14 (prostitution), |
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| 1 | | 11-14.1 (solicitation of a sexual act), 11-14.4 (promoting | 2 | | juvenile prostitution), 11-15 (soliciting for a | 3 | | prostitute), 11-15.1 (soliciting for a juvenile | 4 | | prostitute), 11-16 (pandering), 11-17 (keeping a place of | 5 | | prostitution), 11-17.1 (keeping a place of juvenile | 6 | | prostitution), 11-18 (patronizing a prostitute), 11-18.1 | 7 | | (patronizing a juvenile prostitute), 11-19 (pimping), | 8 | | 11-19.1 (juvenile pimping or aggravated juvenile pimping), | 9 | | or 11-19.2 (exploitation of a child), is a Class 3 felony. | 10 | | (2) A violation of subdivision (a)(2)(A) or (a)(2)(B) | 11 | | is a Class 4 felony, unless committed within 1,000 feet of | 12 | | real property comprising a school, in which case it is a | 13 | | Class 3 felony. | 14 | | (3) A violation of subdivision (a)(2)(C) is a Class 4 | 15 | | felony, unless committed within 1,000 feet of real property | 16 | | comprising a school, in which case it is a Class 3 felony. | 17 | | A second or subsequent violation of subdivision (a)(2)(C), | 18 | | or any combination of convictions under subdivision | 19 | | (a)(2)(C) and subdivision (a)(1), (a)(2)(A), or (a)(2)(B) | 20 | | of this Section (promoting prostitution), 11-14 | 21 | | (prostitution), 11-14.1 (solicitation of a sexual act), | 22 | | 11-14.4 (promoting juvenile prostitution), 11-15 | 23 | | (soliciting for a prostitute), 11-15.1 (soliciting for a | 24 | | juvenile prostitute), 11-16 (pandering), 11-17 (keeping a | 25 | | place of prostitution), 11-17.1 (keeping a place of | 26 | | juvenile prostitution), 11-18 (patronizing a prostitute), |
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| 1 | | 11-18.1 (patronizing a juvenile prostitute), 11-19 | 2 | | (pimping), 11-19.1 (juvenile pimping or aggravated | 3 | | juvenile pimping), or 11-19.2 (exploitation of a child), is | 4 | | a Class 3 felony.
| 5 | | If the court imposes a fine under this subsection (b), it | 6 | | shall be collected and distributed to the Specialized Services | 7 | | for Survivors of Human Trafficking Fund in accordance with | 8 | | Section 5-9-1.21 of the Unified Code of Corrections. | 9 | | (Source: P.A. 96-1551, eff. 7-1-11 .) | 10 | | (720 ILCS 5/11-18) (from Ch. 38, par. 11-18) | 11 | | Sec. 11-18. Patronizing a prostitute. | 12 | | (a) Any person who knowingly performs any of the following | 13 | | acts with a person
not his or her spouse commits patronizing a | 14 | | prostitute: | 15 | | (1) Engages in an act of sexual penetration as defined | 16 | | in Section 11-0.1
of this Code with a prostitute; or | 17 | | (2) Enters or remains in a place of prostitution with | 18 | | intent to
engage in an act of sexual penetration as defined | 19 | | in Section 11-0.1 of
this Code; or | 20 | | (3) Engages in any touching or fondling with a | 21 | | prostitute of the sex organs of one person by the other | 22 | | person, with the intent to achieve sexual arousal or | 23 | | gratification. | 24 | | (b) Sentence. | 25 | | Patronizing a prostitute is a Class 4 felony, unless |
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| 1 | | committed within 1,000 feet of real property comprising a | 2 | | school, in which case it is a Class 3 felony.
A person
| 3 | | convicted of a second or subsequent violation of this Section, | 4 | | or
of any
combination of such number of convictions under this | 5 | | Section and Sections
11-14 (prostitution), 11-14.1 | 6 | | (solicitation of a sexual act), 11-14.3 (promoting | 7 | | prostitution), 11-14.4 (promoting juvenile prostitution), | 8 | | 11-15 (soliciting for a prostitute), 11-15.1 (soliciting for a | 9 | | juvenile prostitute), 11-16 (pandering), 11-17 (keeping a | 10 | | place of prostitution), 11-17.1 (keeping a place of juvenile | 11 | | prostitution), 11-18.1 (patronizing a juvenile prostitute), | 12 | | 11-19 (pimping), 11-19.1 (juvenile pimping or aggravated | 13 | | juvenile pimping), or 11-19.2 (exploitation of a child) of this | 14 | | Code, is guilty of a Class 3
felony. If the court imposes a | 15 | | fine under this subsection (b), it shall be collected and | 16 | | distributed to the Specialized Services for Survivors of Human | 17 | | Trafficking Fund in accordance with Section 5-9-1.21 of the | 18 | | Unified Code of Corrections. | 19 | | (c) (Blank). | 20 | | (Source: P.A. 96-1464, eff. 8-20-10; 96-1551, eff. 7-1-11 .) | 21 | | (720 ILCS 5/36.5-5) | 22 | | Sec. 36.5-5. Vehicle impoundment. | 23 | | (a) In addition to any other penalty, fee or forfeiture | 24 | | provided by law, a peace officer who arrests a person for a | 25 | | violation of Section 10-9, 11-14, 11-14.1, 11-14.3, 11-14.4, |
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| 1 | | 11-18, or 11-18.1 of this Code or related municipal ordinance, | 2 | | may tow and impound any vehicle used by the person in the | 3 | | commission of the violation. The person arrested for one or | 4 | | more such violations shall be charged a $1,000 fee, to be paid | 5 | | to the law enforcement agency that made the arrest or its | 6 | | designated representative. The person may recover the vehicle | 7 | | from the impound after a minimum of 2 hours after arrest upon | 8 | | payment of the fee. | 9 | | (b) $500 of the fee shall be distributed to the law | 10 | | enforcement agency whose peace officers made the arrest, for | 11 | | the costs incurred by the law enforcement agency to investigate | 12 | | and to tow and impound the vehicle. Upon the defendant's | 13 | | conviction of one or more of the violations in connection with | 14 | | which the vehicle was impounded and the fee imposed under this | 15 | | Section, the remaining $500 of the fee shall be deposited into | 16 | | the Specialized Services for Survivors of Human Trafficking | 17 | | Fund and disbursed in accordance with subsections (d), (e), and | 18 | | (f) of Section 5-9-1.21 of the Unified Code of Corrections. DHS | 19 | | State Projects Fund and shall be used by the Department of | 20 | | Human Services to make grants to non-governmental | 21 | | organizations to provide services for persons encountered | 22 | | during the course of an investigation into any violation of | 23 | | Section 10-9, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, | 24 | | 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, | 25 | | 11-19.1, or 11-19.2 of this Code, provided such persons | 26 | | constitute prostituted persons or other victims of human |
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| 1 | | trafficking. | 2 | | (c) Upon the presentation by the defendant of a signed | 3 | | court order showing that the defendant has been acquitted of | 4 | | all of the violations in connection with which a vehicle was | 5 | | impounded and a fee imposed under this Section, or that the | 6 | | charges against the defendant for those violations have been | 7 | | dismissed, the law enforcement agency shall refund the $1,000 | 8 | | fee to the defendant.
| 9 | | (Source: P.A. 96-1551, eff. 7-1-11; incorporates 96-1503, eff. | 10 | | 1-27-11, and 97-333, eff. 8-12-11; 97-897, eff. 1-1-13; | 11 | | 97-1109, eff. 1-1-13; 98-463, eff. 8-16-13.) | 12 | | Section 20. The Code of Criminal Procedure of 1963 is | 13 | | amended by changing Sections 124B-300, 124B-305, and 124B-500 | 14 | | as follows: | 15 | | (725 ILCS 5/124B-300)
| 16 | | Sec. 124B-300. Persons and property subject to forfeiture. | 17 | | A person who commits the offense of involuntary servitude, | 18 | | involuntary servitude of a minor, or trafficking of persons for | 19 | | forced labor or services under Section 10A-10 or Section 10-9 | 20 | | of the Criminal Code of 1961 or the Criminal Code of 2012 , | 21 | | promoting juvenile prostitution, keeping a place of juvenile | 22 | | prostitution, or promoting prostitution that involves keeping | 23 | | a place of prostitution under subsection (a)(1) or (a)(4) of | 24 | | Section 11-14.4 or under Section 11-14.3, 11-17.1, or 11-19.2 |
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| 1 | | of the Criminal Code of 1961 or of the Criminal Code of 2012 | 2 | | shall forfeit to the State of Illinois any profits or proceeds | 3 | | and any property he or she has acquired or maintained in | 4 | | violation of Section 10A-10 or Section 10-9 of the Criminal | 5 | | Code of 1961 or the Criminal Code of 2012 , promoting juvenile | 6 | | prostitution, keeping a place of juvenile prostitution, or | 7 | | promoting prostitution that involves keeping a place of | 8 | | prostitution under subsection (a)(1) or (a)(4) of Section | 9 | | 11-14.4 or under Section 11-14.3, 11-17.1, or 11-19.2 of the | 10 | | Criminal Code of 1961 or of the Criminal Code of 2012 that the | 11 | | sentencing court determines, after a forfeiture hearing under | 12 | | this Article, to have been acquired or maintained as a result | 13 | | of maintaining a person in involuntary servitude or | 14 | | participating in trafficking of persons for forced labor or | 15 | | services .
| 16 | | (Source: P.A. 96-712, eff. 1-1-10; 97-1150, eff. 1-25-13.) | 17 | | (725 ILCS 5/124B-305)
| 18 | | Sec. 124B-305. Distribution of property and sale proceeds. | 19 | | All moneys and the sale proceeds of all other property | 20 | | forfeited and seized under this Part 300 shall be distributed | 21 | | as follows: | 22 | | (1) 45% 50% shall be divided equally between all State | 23 | | agencies and units of local government whose officers or | 24 | | employees conducted the investigation or initiated the | 25 | | hearing that resulted in the forfeiture. |
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| 1 | | (2) 50% shall be deposited into the Specialized | 2 | | Services for Survivors of Human Trafficking Fund and | 3 | | disbursed in accordance with subsections (d), (e), and (f) | 4 | | of Section 5-9-1.21 of the Unified Code of Corrections DHS | 5 | | State Projects Fund and targeted to services for victims of | 6 | | the offenses of involuntary servitude, involuntary sexual | 7 | | servitude of a minor, and trafficking in
persons .
| 8 | | (3) 5% shall be paid to the Office of the State's | 9 | | Attorneys Appellate Prosecutor to train State's Attorneys | 10 | | on forfeiture proceedings and topics related to human | 11 | | trafficking. | 12 | | (Source: P.A. 96-712, eff. 1-1-10; 97-897, eff. 1-1-13.) | 13 | | (725 ILCS 5/124B-500) | 14 | | Sec. 124B-500. Persons and property subject to forfeiture. | 15 | | A person who commits the offense of promoting juvenile | 16 | | prostitution, keeping a place of juvenile prostitution, | 17 | | exploitation of a child, child pornography , or aggravated child | 18 | | pornography under subdivision (a)(1) or (a)(4) of Section | 19 | | 11-14.4 or under Section 11-17.1, 11-19.2, 11-20.1, 11-20.1B, | 20 | | or 11-20.3 of the Criminal Code of 1961 or the Criminal Code of | 21 | | 2012 shall forfeit the following property to the State
of | 22 | | Illinois: | 23 | | (1) Any profits or proceeds and any property the person | 24 | | has acquired or maintained in violation of subdivision | 25 | | (a)(1) or (a)(4) of Section 11-14.4 or in violation of |
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| 1 | | Section 11-17.1, 11-19.2, 11-20.1, 11-20.1B, or 11-20.3 of | 2 | | the Criminal Code of 1961 or the Criminal Code of 2012 that | 3 | | the sentencing court determines, after a forfeiture | 4 | | hearing under this Article, to have been acquired or | 5 | | maintained as a result of keeping a place of juvenile | 6 | | prostitution, exploitation of a child, child pornography , | 7 | | or aggravated child pornography. | 8 | | (2) Any interest in, securities of, claim against, or | 9 | | property or contractual right of any kind affording a | 10 | | source of influence over any enterprise that the person has | 11 | | established, operated, controlled, or conducted in | 12 | | violation of subdivision (a)(1) or (a)(4) of Section | 13 | | 11-14.4 or in violation of Section 11-17.1, 11-19.2, | 14 | | 11-20.1, 11-20.1B, or 11-20.3 of the Criminal Code of 1961 | 15 | | or the Criminal Code of 2012 that the sentencing court | 16 | | determines, after a forfeiture hearing under this Article, | 17 | | to have been acquired or maintained as a result of keeping | 18 | | a place of juvenile prostitution, exploitation of a child, | 19 | | child pornography , or aggravated child pornography. | 20 | | (3) Any computer that contains a depiction of child | 21 | | pornography in any encoded or decoded format in violation | 22 | | of Section 11-20.1, 11-20.1B, or 11-20.3 of the Criminal | 23 | | Code of 1961 or the Criminal Code of 2012. For purposes of | 24 | | this paragraph (3), "computer" has the meaning ascribed to | 25 | | it in Section 17-0.5 of the Criminal Code of 2012.
| 26 | | (Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11; |
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| 1 | | 97-1150, eff. 1-25-13.) | 2 | | Section 25. The Unified Code of Corrections is amended by | 3 | | adding Section 5-9-1.21 as follows: | 4 | | (730 ILCS 5/5-9-1.21 new) | 5 | | Sec. 5-9-1.21. Specialized Services for Survivors of Human | 6 | | Trafficking Fund. | 7 | | (a) There is created in the State treasury a Specialized | 8 | | Services for Survivors of Human Trafficking Fund. Moneys | 9 | | deposited into the Fund under this Section shall be available | 10 | | for the Department of Human Services for the purposes in this | 11 | | Section. | 12 | | (b) Each plea of guilty, stipulation of facts, or finding | 13 | | of guilt resulting in a judgment of conviction or order of | 14 | | supervision for an offense under Section 10-9, 11-14.1, | 15 | | 11-14.3, or 11-18 of the Criminal Code of 2012 that results in | 16 | | the imposition of a fine shall have a portion of that fine | 17 | | deposited into the Specialized Services for Survivors of Human | 18 | | Trafficking Fund. | 19 | | (c) If imposed, the fine shall be collected by the circuit | 20 | | court clerk in addition to any other imposed fee. The circuit | 21 | | court clerk shall retain $50 to cover the costs in | 22 | | administering and enforcing this Section. The circuit court | 23 | | clerk shall remit the remainder of the fine within one month of | 24 | | its receipt as follows: |
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| 1 | | (1) $300 shall be distributed equally between all State | 2 | | law enforcement agencies whose officers or employees | 3 | | conducted the investigation or prosecution that resulted | 4 | | in the finding of guilt; and | 5 | | (2) the remainder of the fine shall be remitted to the | 6 | | Department of Human Services for deposit into the | 7 | | Specialized Services for Survivors of Human Trafficking | 8 | | Fund. | 9 | | (d) Upon appropriation of moneys from the Specialized | 10 | | Services for Survivors of Human Trafficking Fund, the | 11 | | Department of Human Services shall use these moneys to make | 12 | | grants to non-governmental organizations to provide | 13 | | specialized, trauma-informed services specifically designed to | 14 | | address the priority service needs associated with | 15 | | prostitution and human trafficking. Priority services include, | 16 | | but are not limited to, community based drop-in centers, | 17 | | emergency housing, and long-term safe homes. The Department | 18 | | shall consult with prostitution and human trafficking | 19 | | advocates, survivors, and service providers to identify | 20 | | priority service needs in their respective communities. | 21 | | (e) Grants made under this Section are in addition to, and | 22 | | not substitutes for, other grants authorized and made by the | 23 | | Department. | 24 | | (f) Notwithstanding any other law to the contrary, the | 25 | | Specialized Services for Survivors of Human Trafficking Fund is | 26 | | not subject to sweeps, administrative charge-backs, or any |
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| 1 | | other fiscal maneuver that would in any way transfer any | 2 | | amounts from the Specialized Services for Survivors of Human | 3 | | Trafficking Fund into any other fund of the State.
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