Illinois General Assembly - Full Text of SB3558
Illinois General Assembly

Previous General Assemblies

Full Text of SB3558  98th General Assembly

SB3558sam001 98TH GENERAL ASSEMBLY

Sen. Toi W. Hutchinson

Filed: 3/19/2014

 

 


 

 


 
09800SB3558sam001LRB098 20002 JLK 57047 a

1
AMENDMENT TO SENATE BILL 3558

2    AMENDMENT NO. ______. Amend Senate Bill 3558 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The State Finance Act is amended by adding
5Section 5.855 as follows:
 
6    (30 ILCS 105/5.855 new)
7    Sec. 5.855. The Specialized Services for Survivors of Human
8Trafficking Fund.
 
9    Section 10. The Clerks of Courts Act is amended by changing
10Section 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,
1396-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, and
1497-1150)

 

 

09800SB3558sam001- 2 -LRB098 20002 JLK 57047 a

1    Sec. 27.6. (a) All fees, fines, costs, additional
2penalties, bail balances assessed or forfeited, and any other
3amount paid by a person to the circuit clerk equalling an
4amount of $55 or more, except the fine imposed by Section
55-9-1.15 of the Unified Code of Corrections, the additional fee
6required by subsections (b) and (c), restitution under Section
75-5-6 of the Unified Code of Corrections, contributions to a
8local anti-crime program ordered pursuant to Section
95-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
10Corrections, reimbursement for the costs of an emergency
11response as provided under Section 11-501 of the Illinois
12Vehicle Code, any fees collected for attending a traffic safety
13program under paragraph (c) of Supreme Court Rule 529, any fee
14collected on behalf of a State's Attorney under Section 4-2002
15of the Counties Code or a sheriff under Section 4-5001 of the
16Counties Code, or any cost imposed under Section 124A-5 of the
17Code of Criminal Procedure of 1963, for convictions, orders of
18supervision, or any other disposition for a violation of
19Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
20similar provision of a local ordinance, and any violation of
21the Child Passenger Protection Act, or a similar provision of a
22local ordinance, and except as otherwise provided in this
23Section shall be disbursed within 60 days after receipt by the
24circuit clerk as follows: 44.5% shall be disbursed to the
25entity authorized by law to receive the fine imposed in the
26case; 16.825% shall be disbursed to the State Treasurer; and

 

 

09800SB3558sam001- 3 -LRB098 20002 JLK 57047 a

138.675% shall be disbursed to the county's general corporate
2fund. Of the 16.825% disbursed to the State Treasurer, 2/17
3shall be deposited by the State Treasurer into the Violent
4Crime Victims Assistance Fund, 5.052/17 shall be deposited into
5the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
6be deposited into the Drivers Education Fund, and 6.948/17
7shall be deposited into the Trauma Center Fund. Of the 6.948/17
8deposited into the Trauma Center Fund from the 16.825%
9disbursed to the State Treasurer, 50% shall be disbursed to the
10Department of Public Health and 50% shall be disbursed to the
11Department of Healthcare and Family Services. For fiscal year
121993, amounts deposited into the Violent Crime Victims
13Assistance Fund, the Traffic and Criminal Conviction Surcharge
14Fund, or the Drivers Education Fund shall not exceed 110% of
15the amounts deposited into those funds in fiscal year 1991. Any
16amount that exceeds the 110% limit shall be distributed as
17follows: 50% shall be disbursed to the county's general
18corporate fund and 50% shall be disbursed to the entity
19authorized by law to receive the fine imposed in the case. Not
20later than March 1 of each year the circuit clerk shall submit
21a report of the amount of funds remitted to the State Treasurer
22under this Section during the preceding year based upon
23independent verification of fines and fees. All counties shall
24be subject to this Section, except that counties with a
25population under 2,000,000 may, by ordinance, elect not to be
26subject to this Section. For offenses subject to this Section,

 

 

09800SB3558sam001- 4 -LRB098 20002 JLK 57047 a

1judges shall impose one total sum of money payable for
2violations. The circuit clerk may add on no additional amounts
3except for amounts that are required by Sections 27.3a and
427.3c of this Act, unless those amounts are specifically waived
5by the judge. With respect to money collected by the circuit
6clerk as a result of forfeiture of bail, ex parte judgment or
7guilty plea pursuant to Supreme Court Rule 529, the circuit
8clerk shall first deduct and pay amounts required by Sections
927.3a and 27.3c of this Act. This Section is a denial and
10limitation of home rule powers and functions under subsection
11(h) of Section 6 of Article VII of the Illinois Constitution.
12    (b) In addition to any other fines and court costs assessed
13by the courts, any person convicted or receiving an order of
14supervision for driving under the influence of alcohol or drugs
15shall pay an additional fee of $100 to the clerk of the circuit
16court. This amount, less 2 1/2% that shall be used to defray
17administrative costs incurred by the clerk, shall be remitted
18by the clerk to the Treasurer within 60 days after receipt for
19deposit into the Trauma Center Fund. This additional fee of
20$100 shall not be considered a part of the fine for purposes of
21any reduction in the fine for time served either before or
22after sentencing. Not later than March 1 of each year the
23Circuit Clerk shall submit a report of the amount of funds
24remitted to the State Treasurer under this subsection during
25the preceding calendar year.
26    (b-1) In addition to any other fines and court costs

 

 

09800SB3558sam001- 5 -LRB098 20002 JLK 57047 a

1assessed by the courts, any person convicted or receiving an
2order of supervision for driving under the influence of alcohol
3or drugs shall pay an additional fee of $5 to the clerk of the
4circuit court. This amount, less 2 1/2% that shall be used to
5defray administrative costs incurred by the clerk, shall be
6remitted by the clerk to the Treasurer within 60 days after
7receipt for deposit into the Spinal Cord Injury Paralysis Cure
8Research Trust Fund. This additional fee of $5 shall not be
9considered a part of the fine for purposes of any reduction in
10the fine for time served either before or after sentencing. Not
11later than March 1 of each year the Circuit Clerk shall submit
12a report of the amount of funds remitted to the State Treasurer
13under this subsection during the preceding calendar year.
14    (c) In addition to any other fines and court costs assessed
15by the courts, any person convicted for a violation of Sections
1624-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or the
17Criminal Code of 2012 or a person sentenced for a violation of
18the Cannabis Control Act, the Illinois Controlled Substances
19Act, or the Methamphetamine Control and Community Protection
20Act shall pay an additional fee of $100 to the clerk of the
21circuit court. This amount, less 2 1/2% that shall be used to
22defray administrative costs incurred by the clerk, shall be
23remitted by the clerk to the Treasurer within 60 days after
24receipt for deposit into the Trauma Center Fund. This
25additional fee of $100 shall not be considered a part of the
26fine for purposes of any reduction in the fine for time served

 

 

09800SB3558sam001- 6 -LRB098 20002 JLK 57047 a

1either before or after sentencing. Not later than March 1 of
2each year the Circuit Clerk shall submit a report of the amount
3of funds remitted to the State Treasurer under this subsection
4during the preceding calendar year.
5    (c-1) In addition to any other fines and court costs
6assessed by the courts, any person sentenced for a violation of
7the Cannabis Control Act, the Illinois Controlled Substances
8Act, or the Methamphetamine Control and Community Protection
9Act shall pay an additional fee of $5 to the clerk of the
10circuit court. This amount, less 2 1/2% that shall be used to
11defray administrative costs incurred by the clerk, shall be
12remitted by the clerk to the Treasurer within 60 days after
13receipt for deposit into the Spinal Cord Injury Paralysis Cure
14Research Trust Fund. This additional fee of $5 shall not be
15considered a part of the fine for purposes of any reduction in
16the fine for time served either before or after sentencing. Not
17later than March 1 of each year the Circuit Clerk shall submit
18a report of the amount of funds remitted to the State Treasurer
19under this subsection during the preceding calendar year.
20    (d) The following amounts must be remitted to the State
21Treasurer for deposit into the Illinois Animal Abuse Fund:
22        (1) 50% of the amounts collected for felony offenses
23    under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
24    5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
25    Animals Act and Section 26-5 or 48-1 of the Criminal Code
26    of 1961 or the Criminal Code of 2012;

 

 

09800SB3558sam001- 7 -LRB098 20002 JLK 57047 a

1        (2) 20% of the amounts collected for Class A and Class
2    B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
3    5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
4    for Animals Act and Section 26-5 or 48-1 of the Criminal
5    Code of 1961 or the Criminal Code of 2012; and
6        (3) 50% of the amounts collected for Class C
7    misdemeanors under Sections 4.01 and 7.1 of the Humane Care
8    for Animals Act and Section 26-5 or 48-1 of the Criminal
9    Code of 1961 or the Criminal Code of 2012.
10    (e) Any person who receives a disposition of court
11supervision for a violation of the Illinois Vehicle Code or a
12similar provision of a local ordinance shall, in addition to
13any other fines, fees, and court costs, pay an additional fee
14of $29, to be disbursed as provided in Section 16-104c of the
15Illinois Vehicle Code. In addition to the fee of $29, the
16person shall also pay a fee of $6, if not waived by the court.
17If this $6 fee is collected, $5.50 of the fee shall be
18deposited into the Circuit Court Clerk Operation and
19Administrative Fund created by the Clerk of the Circuit Court
20and 50 cents of the fee shall be deposited into the Prisoner
21Review Board Vehicle and Equipment Fund in the State treasury.
22    (f) This Section does not apply to the additional child
23pornography fines assessed and collected under Section
245-9-1.14 of the Unified Code of Corrections.
25    (g) (Blank).
26    (h) (Blank).

 

 

09800SB3558sam001- 8 -LRB098 20002 JLK 57047 a

1    (i) Of the amounts collected as fines under subsection (b)
2of Section 3-712 of the Illinois Vehicle Code, 99% shall be
3deposited into the Illinois Military Family Relief Fund and 1%
4shall be deposited into the Circuit Court Clerk Operation and
5Administrative Fund created by the Clerk of the Circuit Court
6to be used to offset the costs incurred by the Circuit Court
7Clerk in performing the additional duties required to collect
8and disburse funds to entities of State and local government as
9provided by law.
10    (j) Any person convicted of, pleading guilty to, or placed
11on supervision for a serious traffic violation, as defined in
12Section 1-187.001 of the Illinois Vehicle Code, a violation of
13Section 11-501 of the Illinois Vehicle Code, or a violation of
14a similar provision of a local ordinance shall pay an
15additional fee of $35, to be disbursed as provided in Section
1616-104d of that Code.
17    This subsection (j) becomes inoperative 7 years after the
18effective date of Public Act 95-154.
19    (k) For any conviction or disposition of court supervision
20for a violation of Section 11-1429 of the Illinois Vehicle
21Code, the circuit clerk shall distribute the fines paid by the
22person as specified by subsection (h) of Section 11-1429 of the
23Illinois Vehicle Code.
24    (l) Any person who receives a disposition of court
25supervision for a violation of Section 11-501 of the Illinois
26Vehicle Code or a similar provision of a local ordinance shall,

 

 

09800SB3558sam001- 9 -LRB098 20002 JLK 57047 a

1in addition to any other fines, fees, and court costs, pay an
2additional fee of $50, which shall be collected by the circuit
3clerk and then remitted to the State Treasurer for deposit into
4the Roadside Memorial Fund, a special fund in the State
5treasury. However, the court may waive the fee if full
6restitution is complied with. Subject to appropriation, all
7moneys in the Roadside Memorial Fund shall be used by the
8Department of Transportation to pay fees imposed under
9subsection (f) of Section 20 of the Roadside Memorial Act. The
10fee shall be remitted by the circuit clerk within one month
11after receipt to the State Treasurer for deposit into the
12Roadside Memorial Fund.
13    (m) Of the amounts collected as fines under subsection (c)
14of Section 411.4 of the Illinois Controlled Substances Act or
15subsection (c) of Section 90 of the Methamphetamine Control and
16Community Protection Act, 99% shall be deposited to the law
17enforcement agency or fund specified and 1% shall be deposited
18into the Circuit Court Clerk Operation and Administrative Fund
19to be used to offset the costs incurred by the Circuit Court
20Clerk in performing the additional duties required to collect
21and disburse funds to entities of State and local government as
22provided by law.
23    (n) In addition to any other fines and court costs assessed
24by the courts, any person who is convicted of or pleads guilty
25to a violation of the Criminal Code of 1961 or the Criminal
26Code of 2012, or a similar provision of a local ordinance, or

 

 

09800SB3558sam001- 10 -LRB098 20002 JLK 57047 a

1who is convicted of, pleads guilty to, or receives a
2disposition of court supervision for a violation of the
3Illinois Vehicle Code, or a similar provision of a local
4ordinance, shall pay an additional fee of $15 to the clerk of
5the circuit court. This additional fee of $15 shall not be
6considered a part of the fine for purposes of any reduction in
7the fine for time served either before or after sentencing.
8This amount, less 2.5% that shall be used to defray
9administrative costs incurred by the clerk, shall be remitted
10by the clerk to the State Treasurer within 60 days after
11receipt for deposit into the State Police Merit Board Public
12Safety Fund.
13    (o) The amounts collected as fines under Sections 10-9,
1411-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall
15be collected by the circuit clerk and distributed as provided
16under Section 5-9-1.21 of the Unified Code of Corrections in
17lieu of any disbursement under subsection (a) of this Section.
18(Source: P.A. 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428,
19eff. 8-24-07; 95-600, eff. 6-1-08; 95-876, eff. 8-21-08;
2096-286, eff. 8-11-09; 96-576, eff. 8-18-09; 96-578, eff.
218-18-09; 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-1175,
22eff. 9-20-10; 96-1342, eff. 1-1-11; 97-1051, eff. 1-1-13;
2397-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
24    (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667,
2596-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, and

 

 

09800SB3558sam001- 11 -LRB098 20002 JLK 57047 a

197-1150)
2    Sec. 27.6. (a) All fees, fines, costs, additional
3penalties, bail balances assessed or forfeited, and any other
4amount paid by a person to the circuit clerk equalling an
5amount of $55 or more, except the fine imposed by Section
65-9-1.15 of the Unified Code of Corrections, the additional fee
7required by subsections (b) and (c), restitution under Section
85-5-6 of the Unified Code of Corrections, contributions to a
9local anti-crime program ordered pursuant to Section
105-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
11Corrections, reimbursement for the costs of an emergency
12response as provided under Section 11-501 of the Illinois
13Vehicle Code, any fees collected for attending a traffic safety
14program under paragraph (c) of Supreme Court Rule 529, any fee
15collected on behalf of a State's Attorney under Section 4-2002
16of the Counties Code or a sheriff under Section 4-5001 of the
17Counties Code, or any cost imposed under Section 124A-5 of the
18Code of Criminal Procedure of 1963, for convictions, orders of
19supervision, or any other disposition for a violation of
20Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
21similar provision of a local ordinance, and any violation of
22the Child Passenger Protection Act, or a similar provision of a
23local ordinance, and except as otherwise provided in this
24Section shall be disbursed within 60 days after receipt by the
25circuit clerk as follows: 44.5% shall be disbursed to the
26entity authorized by law to receive the fine imposed in the

 

 

09800SB3558sam001- 12 -LRB098 20002 JLK 57047 a

1case; 16.825% shall be disbursed to the State Treasurer; and
238.675% shall be disbursed to the county's general corporate
3fund. Of the 16.825% disbursed to the State Treasurer, 2/17
4shall be deposited by the State Treasurer into the Violent
5Crime Victims Assistance Fund, 5.052/17 shall be deposited into
6the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
7be deposited into the Drivers Education Fund, and 6.948/17
8shall be deposited into the Trauma Center Fund. Of the 6.948/17
9deposited into the Trauma Center Fund from the 16.825%
10disbursed to the State Treasurer, 50% shall be disbursed to the
11Department of Public Health and 50% shall be disbursed to the
12Department of Healthcare and Family Services. For fiscal year
131993, amounts deposited into the Violent Crime Victims
14Assistance Fund, the Traffic and Criminal Conviction Surcharge
15Fund, or the Drivers Education Fund shall not exceed 110% of
16the amounts deposited into those funds in fiscal year 1991. Any
17amount that exceeds the 110% limit shall be distributed as
18follows: 50% shall be disbursed to the county's general
19corporate fund and 50% shall be disbursed to the entity
20authorized by law to receive the fine imposed in the case. Not
21later than March 1 of each year the circuit clerk shall submit
22a report of the amount of funds remitted to the State Treasurer
23under this Section during the preceding year based upon
24independent verification of fines and fees. All counties shall
25be subject to this Section, except that counties with a
26population under 2,000,000 may, by ordinance, elect not to be

 

 

09800SB3558sam001- 13 -LRB098 20002 JLK 57047 a

1subject to this Section. For offenses subject to this Section,
2judges shall impose one total sum of money payable for
3violations. The circuit clerk may add on no additional amounts
4except for amounts that are required by Sections 27.3a and
527.3c of this Act, Section 16-104c of the Illinois Vehicle
6Code, and subsection (a) of Section 5-1101 of the Counties
7Code, unless those amounts are specifically waived by the
8judge. With respect to money collected by the circuit clerk as
9a result of forfeiture of bail, ex parte judgment or guilty
10plea pursuant to Supreme Court Rule 529, the circuit clerk
11shall first deduct and pay amounts required by Sections 27.3a
12and 27.3c of this Act. Unless a court ordered payment schedule
13is implemented or fee requirements are waived pursuant to court
14order, the clerk of the court may add to any unpaid fees and
15costs a delinquency amount equal to 5% of the unpaid fees that
16remain unpaid after 30 days, 10% of the unpaid fees that remain
17unpaid after 60 days, and 15% of the unpaid fees that remain
18unpaid after 90 days. Notice to those parties may be made by
19signage posting or publication. The additional delinquency
20amounts collected under this Section shall be deposited in the
21Circuit Court Clerk Operation and Administrative Fund to be
22used to defray administrative costs incurred by the circuit
23clerk in performing the duties required to collect and disburse
24funds. This Section is a denial and limitation of home rule
25powers and functions under subsection (h) of Section 6 of
26Article VII of the Illinois Constitution.

 

 

09800SB3558sam001- 14 -LRB098 20002 JLK 57047 a

1    (b) In addition to any other fines and court costs assessed
2by the courts, any person convicted or receiving an order of
3supervision for driving under the influence of alcohol or drugs
4shall pay an additional fee of $100 to the clerk of the circuit
5court. This amount, less 2 1/2% that shall be used to defray
6administrative costs incurred by the clerk, shall be remitted
7by the clerk to the Treasurer within 60 days after receipt for
8deposit into the Trauma Center Fund. This additional fee of
9$100 shall not be considered a part of the fine for purposes of
10any reduction in the fine for time served either before or
11after sentencing. Not later than March 1 of each year the
12Circuit Clerk shall submit a report of the amount of funds
13remitted to the State Treasurer under this subsection during
14the preceding calendar year.
15    (b-1) In addition to any other fines and court costs
16assessed by the courts, any person convicted or receiving an
17order of supervision for driving under the influence of alcohol
18or drugs shall pay an additional fee of $5 to the clerk of the
19circuit court. This amount, less 2 1/2% that shall be used to
20defray administrative costs incurred by the clerk, shall be
21remitted by the clerk to the Treasurer within 60 days after
22receipt for deposit into the Spinal Cord Injury Paralysis Cure
23Research Trust Fund. This additional fee of $5 shall not be
24considered a part of the fine for purposes of any reduction in
25the fine for time served either before or after sentencing. Not
26later than March 1 of each year the Circuit Clerk shall submit

 

 

09800SB3558sam001- 15 -LRB098 20002 JLK 57047 a

1a report of the amount of funds remitted to the State Treasurer
2under this subsection during the preceding calendar year.
3    (c) In addition to any other fines and court costs assessed
4by the courts, any person convicted for a violation of Sections
524-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or the
6Criminal Code of 2012 or a person sentenced for a violation of
7the Cannabis Control Act, the Illinois Controlled Substances
8Act, or the Methamphetamine Control and Community Protection
9Act shall pay an additional fee of $100 to the clerk of the
10circuit court. This amount, less 2 1/2% that shall be used to
11defray administrative costs incurred by the clerk, shall be
12remitted by the clerk to the Treasurer within 60 days after
13receipt for deposit into the Trauma Center Fund. This
14additional fee of $100 shall not be considered a part of the
15fine for purposes of any reduction in the fine for time served
16either before or after sentencing. Not later than March 1 of
17each year the Circuit Clerk shall submit a report of the amount
18of funds remitted to the State Treasurer under this subsection
19during the preceding calendar year.
20    (c-1) In addition to any other fines and court costs
21assessed by the courts, any person sentenced for a violation of
22the Cannabis Control Act, the Illinois Controlled Substances
23Act, or the Methamphetamine Control and Community Protection
24Act shall pay an additional fee of $5 to the clerk of the
25circuit court. This amount, less 2 1/2% that shall be used to
26defray administrative costs incurred by the clerk, shall be

 

 

09800SB3558sam001- 16 -LRB098 20002 JLK 57047 a

1remitted by the clerk to the Treasurer within 60 days after
2receipt for deposit into the Spinal Cord Injury Paralysis Cure
3Research Trust Fund. This additional fee of $5 shall not be
4considered a part of the fine for purposes of any reduction in
5the fine for time served either before or after sentencing. Not
6later than March 1 of each year the Circuit Clerk shall submit
7a report of the amount of funds remitted to the State Treasurer
8under this subsection during the preceding calendar year.
9    (d) The following amounts must be remitted to the State
10Treasurer for deposit into the Illinois Animal Abuse Fund:
11        (1) 50% of the amounts collected for felony offenses
12    under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
13    5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
14    Animals Act and Section 26-5 or 48-1 of the Criminal Code
15    of 1961 or the Criminal Code of 2012;
16        (2) 20% of the amounts collected for Class A and Class
17    B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
18    5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
19    for Animals Act and Section 26-5 or 48-1 of the Criminal
20    Code of 1961 or the Criminal Code of 2012; and
21        (3) 50% of the amounts collected for Class C
22    misdemeanors under Sections 4.01 and 7.1 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.
25    (e) Any person who receives a disposition of court
26supervision for a violation of the Illinois Vehicle Code or a

 

 

09800SB3558sam001- 17 -LRB098 20002 JLK 57047 a

1similar provision of a local ordinance shall, in addition to
2any other fines, fees, and court costs, pay an additional fee
3of $29, to be disbursed as provided in Section 16-104c of the
4Illinois Vehicle Code. In addition to the fee of $29, the
5person shall also pay a fee of $6, if not waived by the court.
6If this $6 fee is collected, $5.50 of the fee shall be
7deposited into the Circuit Court Clerk Operation and
8Administrative Fund created by the Clerk of the Circuit Court
9and 50 cents of the fee shall be deposited into the Prisoner
10Review Board Vehicle and Equipment Fund in the State treasury.
11    (f) This Section does not apply to the additional child
12pornography fines assessed and collected under Section
135-9-1.14 of the Unified Code of Corrections.
14    (g) Any person convicted of or pleading guilty to a serious
15traffic violation, as defined in Section 1-187.001 of the
16Illinois Vehicle Code, shall pay an additional fee of $35, to
17be disbursed as provided in Section 16-104d of that Code. This
18subsection (g) becomes inoperative 7 years after the effective
19date of Public Act 95-154.
20    (h) In all counties having a population of 3,000,000 or
21more inhabitants,
22        (1) A person who is found guilty of or pleads guilty to
23    violating subsection (a) of Section 11-501 of the Illinois
24    Vehicle Code, including any person placed on court
25    supervision for violating subsection (a), shall be fined
26    $750 as provided for by subsection (f) of Section 11-501.01

 

 

09800SB3558sam001- 18 -LRB098 20002 JLK 57047 a

1    of the Illinois Vehicle Code, payable to the circuit clerk,
2    who shall distribute the money pursuant to subsection (f)
3    of Section 11-501.01 of the Illinois Vehicle Code.
4        (2) When a crime laboratory DUI analysis fee of $150,
5    provided for by Section 5-9-1.9 of the Unified Code of
6    Corrections is assessed, it shall be disbursed by the
7    circuit clerk as provided by subsection (f) of Section
8    5-9-1.9 of the Unified Code of Corrections.
9        (3) When a fine for a violation of Section 11-605.1 of
10    the Illinois Vehicle Code is $250 or greater, the person
11    who violated that Section shall be charged an additional
12    $125 as provided for by subsection (e) of Section 11-605.1
13    of the Illinois Vehicle Code, which shall be disbursed by
14    the circuit clerk to a State or county Transportation
15    Safety Highway Hire-back Fund as provided by subsection (e)
16    of Section 11-605.1 of the Illinois Vehicle Code.
17        (4) When a fine for a violation of subsection (a) of
18    Section 11-605 of the Illinois Vehicle Code is $150 or
19    greater, the additional $50 which is charged as provided
20    for by subsection (f) of Section 11-605 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 (f) of Section 11-605.
24        (5) When a fine for a violation of subsection (a) of
25    Section 11-1002.5 of the Illinois Vehicle Code is $150 or
26    greater, the additional $50 which is charged as provided

 

 

09800SB3558sam001- 19 -LRB098 20002 JLK 57047 a

1    for by subsection (c) of Section 11-1002.5 of the Illinois
2    Vehicle Code shall be disbursed by the circuit clerk to a
3    school district or districts for school safety purposes as
4    provided by subsection (c) of Section 11-1002.5 of the
5    Illinois Vehicle Code.
6        (6) When a mandatory drug court fee of up to $5 is
7    assessed as provided in subsection (f) of Section 5-1101 of
8    the Counties Code, it shall be disbursed by the circuit
9    clerk as provided in subsection (f) of Section 5-1101 of
10    the Counties Code.
11        (7) When a mandatory teen court, peer jury, youth
12    court, or other youth diversion program fee is assessed as
13    provided in subsection (e) of Section 5-1101 of the
14    Counties Code, it shall be disbursed by the circuit clerk
15    as provided in subsection (e) of Section 5-1101 of the
16    Counties Code.
17        (8) When a Children's Advocacy Center fee is assessed
18    pursuant to subsection (f-5) of Section 5-1101 of the
19    Counties Code, it shall be disbursed by the circuit clerk
20    as provided in subsection (f-5) of Section 5-1101 of the
21    Counties Code.
22        (9) When a victim impact panel fee is assessed pursuant
23    to subsection (b) of Section 11-501.01 of the Vehicle Code,
24    it shall be disbursed by the circuit clerk to the victim
25    impact panel to be attended by the defendant.
26        (10) When a new fee collected in traffic cases is

 

 

09800SB3558sam001- 20 -LRB098 20002 JLK 57047 a

1    enacted after the effective date of this subsection (h), it
2    shall be excluded from the percentage disbursement
3    provisions of this Section unless otherwise indicated by
4    law.
5    (i) Of the amounts collected as fines under subsection (b)
6of Section 3-712 of the Illinois Vehicle Code, 99% shall be
7deposited into the Illinois Military Family Relief Fund and 1%
8shall be deposited into the Circuit Court Clerk Operation and
9Administrative Fund created by the Clerk of the Circuit Court
10to be used to offset the costs incurred by the Circuit Court
11Clerk in performing the additional duties required to collect
12and disburse funds to entities of State and local government as
13provided by law.
14    (j) (Blank).
15    (k) For any conviction or disposition of court supervision
16for a violation of Section 11-1429 of the Illinois Vehicle
17Code, the circuit clerk shall distribute the fines paid by the
18person as specified by subsection (h) of Section 11-1429 of the
19Illinois Vehicle Code.
20    (l) Any person who receives a disposition of court
21supervision for a violation of Section 11-501 of the Illinois
22Vehicle Code or a similar provision of a local ordinance shall,
23in addition to any other fines, fees, and court costs, pay an
24additional fee of $50, which shall be collected by the circuit
25clerk and then remitted to the State Treasurer for deposit into
26the Roadside Memorial Fund, a special fund in the State

 

 

09800SB3558sam001- 21 -LRB098 20002 JLK 57047 a

1treasury. However, the court may waive the fee if full
2restitution is complied with. Subject to appropriation, all
3moneys in the Roadside Memorial Fund shall be used by the
4Department of Transportation to pay fees imposed under
5subsection (f) of Section 20 of the Roadside Memorial Act. The
6fee shall be remitted by the circuit clerk within one month
7after receipt to the State Treasurer for deposit into the
8Roadside Memorial Fund.
9    (m) Of the amounts collected as fines under subsection (c)
10of Section 411.4 of the Illinois Controlled Substances Act or
11subsection (c) of Section 90 of the Methamphetamine Control and
12Community Protection Act, 99% shall be deposited to the law
13enforcement agency or fund specified and 1% shall be deposited
14into the Circuit Court Clerk Operation and Administrative Fund
15to be used to offset the costs incurred by the Circuit Court
16Clerk in performing the additional duties required to collect
17and disburse funds to entities of State and local government as
18provided by law.
19    (n) In addition to any other fines and court costs assessed
20by the courts, any person who is convicted of or pleads guilty
21to a violation of the Criminal Code of 1961 or the Criminal
22Code of 2012, or a similar provision of a local ordinance, or
23who is convicted of, pleads guilty to, or receives a
24disposition of court supervision for a violation of the
25Illinois Vehicle Code, or a similar provision of a local
26ordinance, shall pay an additional fee of $15 to the clerk of

 

 

09800SB3558sam001- 22 -LRB098 20002 JLK 57047 a

1the circuit court. This additional fee of $15 shall not be
2considered a part of the fine for purposes of any reduction in
3the fine for time served either before or after sentencing.
4This amount, less 2.5% that shall be used to defray
5administrative costs incurred by the clerk, shall be remitted
6by the clerk to the State Treasurer within 60 days after
7receipt for deposit into the State Police Merit Board Public
8Safety Fund.
9    (o) The amounts collected as fines under Sections 10-9,
1011-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall
11be collected by the circuit clerk and distributed as provided
12under Section 5-9-1.21 of the Unified Code of Corrections in
13lieu of any disbursement under subsection (a) of this Section.
14(Source: P.A. 96-576, eff. 8-18-09; 96-578, eff. 8-18-09;
1596-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-735, eff. 1-1-10;
1696-1175, eff. 9-20-10; 96-1342, eff. 1-1-11; 97-434, eff.
171-1-12; 97-1051, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1150,
18eff. 1-25-13.)
 
19    Section 15. The Criminal Code of 2012 is amended by
20changing Sections 11-14.1 and 36.5-5 as follows:
 
21    (720 ILCS 5/11-14.1)
22    Sec. 11-14.1. Solicitation of a sexual act.
23    (a) Any person who offers a person not his or her spouse
24any money, property, token, object, or article or anything of

 

 

09800SB3558sam001- 23 -LRB098 20002 JLK 57047 a

1value for that person or any other person not his or her spouse
2to perform any act of sexual penetration as defined in Section
311-0.1 of this Code, or any touching or fondling of the sex
4organs of one person by another person for the purpose of
5sexual arousal or gratification, commits solicitation of a
6sexual act.
7    (b) Sentence. Solicitation of a sexual act is a Class A
8misdemeanor. Solicitation of a sexual act from a person who is
9under the age of 18 or who is severely or profoundly
10intellectually disabled is a Class 4 felony. If the court
11imposes a fine under this subsection (b), it shall be collected
12and distributed in accordance with Section 5-9-1.21 of the
13Unified Code of Corrections.
14    (b-5) It is an affirmative defense to a charge of
15solicitation of a sexual act with a person who is under the age
16of 18 or who is severely or profoundly intellectually disabled
17that the accused reasonably believed the person was of the age
18of 18 years or over or was not a severely or profoundly
19intellectually disabled person at the time of the act giving
20rise to the charge.
21    (c) This Section does not apply to a person engaged in
22prostitution who is under 18 years of age.
23    (d) A person cannot be convicted under this Section if the
24practice of prostitution underlying the offense consists
25exclusively of the accused's own acts of prostitution under
26Section 11-14 of this Code.

 

 

09800SB3558sam001- 24 -LRB098 20002 JLK 57047 a

1(Source: P.A. 96-1464, eff. 8-20-10; 96-1551, eff. 7-1-11;
297-227, eff. 1-1-12; 97-1109, eff. 1-1-13.)
 
3    (720 ILCS 5/36.5-5)
4    Sec. 36.5-5. Vehicle impoundment.
5    (a) In addition to any other penalty, fee or forfeiture
6provided by law, a peace officer who arrests a person for a
7violation of Section 10-9, 11-14, 11-14.1, 11-14.3, 11-14.4,
811-18, or 11-18.1 of this Code or related municipal ordinance,
9may tow and impound any vehicle used by the person in the
10commission of the violation. The person arrested for one or
11more such violations shall be charged a $1,000 fee, to be paid
12to the law enforcement agency that made the arrest or its
13designated representative. The person may recover the vehicle
14from the impound after a minimum of 2 hours after arrest upon
15payment of the fee.
16    (b) $500 of the fee shall be distributed to the law
17enforcement agency whose peace officers made the arrest, for
18the costs incurred by the law enforcement agency to investigate
19and to tow and impound the vehicle. Upon the defendant's
20conviction of one or more of the violations in connection with
21which the vehicle was impounded and the fee imposed under this
22Section, the remaining $500 of the fee shall be deposited into
23the Specialized Services for Survivors of Human Trafficking
24Fund and disbursed in accordance with subsections (d), (e), and
25(f) of Section 5-9-1.21 of the Unified Code of Corrections. DHS

 

 

09800SB3558sam001- 25 -LRB098 20002 JLK 57047 a

1State Projects Fund and shall be used by the Department of
2Human Services to make grants to non-governmental
3organizations to provide services for persons encountered
4during the course of an investigation into any violation of
5Section 10-9, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15,
611-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19,
711-19.1, or 11-19.2 of this Code, provided such persons
8constitute prostituted persons or other victims of human
9trafficking.
10    (c) Upon the presentation by the defendant of a signed
11court order showing that the defendant has been acquitted of
12all of the violations in connection with which a vehicle was
13impounded and a fee imposed under this Section, or that the
14charges against the defendant for those violations have been
15dismissed, the law enforcement agency shall refund the $1,000
16fee to the defendant.
17(Source: P.A. 96-1551, eff. 7-1-11; incorporates 96-1503, eff.
181-27-11, and 97-333, eff. 8-12-11; 97-897, eff. 1-1-13;
1997-1109, eff. 1-1-13; 98-463, eff. 8-16-13.)
 
20    Section 20. The Code of Criminal Procedure of 1963 is
21amended by changing Sections 124B-300, 124B-305, and 124B-500
22as follows:
 
23    (725 ILCS 5/124B-300)
24    Sec. 124B-300. Persons and property subject to forfeiture.

 

 

09800SB3558sam001- 26 -LRB098 20002 JLK 57047 a

1A person who commits the offense of involuntary servitude,
2involuntary servitude of a minor, or trafficking of persons for
3forced labor or services under Section 10A-10 or Section 10-9
4of the Criminal Code of 1961 or the Criminal Code of 2012,
5promoting juvenile prostitution, keeping a place of juvenile
6prostitution, or promoting prostitution that involves keeping
7a place of prostitution under subsection (a)(1) or (a)(4) of
8Section 11-14.4 or under Section 11-14.3, 11-17.1, or 11-19.2
9of the Criminal Code of 1961 or of the Criminal Code of 2012
10shall forfeit to the State of Illinois any profits or proceeds
11and any property he or she has acquired or maintained in
12violation of Section 10A-10 or Section 10-9 of the Criminal
13Code of 1961 or the Criminal Code of 2012, promoting juvenile
14prostitution, keeping a place of juvenile prostitution, or
15promoting prostitution that involves keeping a place of
16prostitution under subsection (a)(1) or (a)(4) of Section
1711-14.4 or under Section 11-14.3, 11-17.1, or 11-19.2 of the
18Criminal Code of 1961 or of the Criminal Code of 2012 that the
19sentencing court determines, after a forfeiture hearing under
20this Article, to have been acquired or maintained as a result
21of maintaining a person in involuntary servitude or
22participating in trafficking of persons for forced labor or
23services.
24(Source: P.A. 96-712, eff. 1-1-10; 97-1150, eff. 1-25-13.)
 
25    (725 ILCS 5/124B-305)

 

 

09800SB3558sam001- 27 -LRB098 20002 JLK 57047 a

1    Sec. 124B-305. Distribution of property and sale proceeds.
2All moneys and the sale proceeds of all other property
3forfeited and seized under this Part 300 shall be distributed
4as follows:
5        (1) 45% 50% shall be divided equally between all State
6    agencies and units of local government whose officers or
7    employees conducted the investigation or initiated the
8    hearing that resulted in the forfeiture.
9        (2) 50% shall be deposited into the Specialized
10    Services for Survivors of Human Trafficking Fund and
11    disbursed in accordance with subsections (d), (e), and (f)
12    of Section 5-9-1.21 of the Unified Code of Corrections DHS
13    State Projects Fund and targeted to services for victims of
14    the offenses of involuntary servitude, involuntary sexual
15    servitude of a minor, and trafficking in persons.
16        (3) 5% shall be paid to the Office of the State's
17    Attorneys Appellate Prosecutor to train State's Attorneys
18    on forfeiture proceedings and topics related to human
19    trafficking.
20(Source: P.A. 96-712, eff. 1-1-10; 97-897, eff. 1-1-13.)
 
21    (725 ILCS 5/124B-500)
22    Sec. 124B-500. Persons and property subject to forfeiture.
23A person who commits the offense of promoting juvenile
24prostitution, keeping a place of juvenile prostitution,
25exploitation of a child, child pornography, or aggravated child

 

 

09800SB3558sam001- 28 -LRB098 20002 JLK 57047 a

1pornography under subdivision (a)(1) or (a)(4) of Section
211-14.4 or under Section 11-17.1, 11-19.2, 11-20.1, 11-20.1B,
3or 11-20.3 of the Criminal Code of 1961 or the Criminal Code of
42012 shall forfeit the following property to the State of
5Illinois:
6        (1) Any profits or proceeds and any property the person
7    has acquired or maintained in violation of subdivision
8    (a)(1) or (a)(4) of Section 11-14.4 or in violation of
9    Section 11-17.1, 11-19.2, 11-20.1, 11-20.1B, or 11-20.3 of
10    the Criminal Code of 1961 or the Criminal Code of 2012 that
11    the sentencing court determines, after a forfeiture
12    hearing under this Article, to have been acquired or
13    maintained as a result of keeping a place of juvenile
14    prostitution, exploitation of a child, child pornography,
15    or aggravated child pornography.
16        (2) Any interest in, securities of, claim against, or
17    property or contractual right of any kind affording a
18    source of influence over any enterprise that the person has
19    established, operated, controlled, or conducted in
20    violation of subdivision (a)(1) or (a)(4) of Section
21    11-14.4 or in violation of Section 11-17.1, 11-19.2,
22    11-20.1, 11-20.1B, or 11-20.3 of the Criminal Code of 1961
23    or the Criminal Code of 2012 that the sentencing court
24    determines, after a forfeiture hearing under this Article,
25    to have been acquired or maintained as a result of keeping
26    a place of juvenile prostitution, exploitation of a child,

 

 

09800SB3558sam001- 29 -LRB098 20002 JLK 57047 a

1    child pornography, or aggravated child pornography.
2        (3) Any computer that contains a depiction of child
3    pornography in any encoded or decoded format in violation
4    of Section 11-20.1, 11-20.1B, or 11-20.3 of the Criminal
5    Code of 1961 or the Criminal Code of 2012. For purposes of
6    this paragraph (3), "computer" has the meaning ascribed to
7    it in Section 17-0.5 of the Criminal Code of 2012.
8(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11;
997-1150, eff. 1-25-13.)
 
10    Section 25. The Unified Code of Corrections is amended by
11adding Section 5-9-1.21 as follows:
 
12    (730 ILCS 5/5-9-1.21 new)
13    Sec. 5-9-1.21. Specialized Services for Survivors of Human
14Trafficking Fund.
15    (a) There is created in the State treasury a Specialized
16Services for Survivors of Human Trafficking Fund. Moneys
17deposited into the Fund under this Section shall be available
18for the Department of Human Services for the purposes in this
19Section.
20    (b) Each plea of guilty, stipulation of facts, or finding
21of guilt resulting in a judgment of conviction or order of
22supervision for an offense under Section 10-9, 11-14.1,
2311-14.3, or 11-18 of the Criminal Code of 2012 that results in
24the imposition of a fine shall have a portion of that fine

 

 

09800SB3558sam001- 30 -LRB098 20002 JLK 57047 a

1deposited into the Specialized Services for Survivors of Human
2Trafficking Fund.
3    (c) If imposed, the fine shall be collected by the circuit
4court clerk in addition to any other imposed fee. The circuit
5court clerk shall retain $50 to cover the costs in
6administering and enforcing this Section. The circuit court
7clerk shall remit the remainder of the fine within one month of
8its receipt as follows:
9        (1) $300 shall be distributed equally between all State
10    law enforcement agencies whose officers or employees
11    conducted the investigation or prosecution that resulted
12    in the finding of guilt; and
13        (2) the remainder of the fine shall be remitted to the
14    Department of Human Services for deposit into the
15    Specialized Services for Survivors of Human Trafficking
16    Fund.
17    (d) Upon appropriation of moneys from the Specialized
18Services for Survivors of Human Trafficking Fund, the
19Department of Human Services shall use these moneys to make
20grants to non-governmental organizations to provide
21specialized, trauma-informed services specifically designed to
22address the priority service needs associated with
23prostitution and human trafficking. Priority services include,
24but are not limited to, community based drop-in centers,
25emergency housing, and long-term safe homes. The Department
26shall consult with prostitution and human trafficking

 

 

09800SB3558sam001- 31 -LRB098 20002 JLK 57047 a

1advocates, survivors, and service providers to identify
2priority service needs in their respective communities.
3    (e) Grants made under this Section are in addition to, and
4not substitutes for, other grants authorized and made by the
5Department.
6    (f) Notwithstanding any other law to the contrary, the
7Specialized Services for Survivors of Human Trafficking Fund is
8not subject to sweeps, administrative charge-backs, or any
9other fiscal maneuver that would in any way transfer any
10amounts from the Specialized Services for Survivors of Human
11Trafficking Fund into any other fund of the State.".