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Sen. Gary Forby
Filed: 5/29/2016
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1 | | AMENDMENT TO HOUSE BILL 3126
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2 | | AMENDMENT NO. ______. Amend House Bill 3126 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Unified Code of Corrections is amended by |
5 | | changing Section 5-9-1 as follows:
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6 | | (730 ILCS 5/5-9-1) (from Ch. 38, par. 1005-9-1)
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7 | | Sec. 5-9-1. Authorized fines.
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8 | | (a) An offender may be sentenced to pay a
fine as provided |
9 | | in Article 4.5 of Chapter V.
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10 | | (b) (Blank.)
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11 | | (c) There shall be added to every fine imposed in |
12 | | sentencing for a
criminal or traffic offense, except an offense |
13 | | relating to parking or
registration, or offense by a |
14 | | pedestrian, an additional penalty of $15 for
each $40, or |
15 | | fraction thereof, of fine imposed for violations other than |
16 | | violations of Section 15-111 of the Illinois Vehicle Code; $15 |
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1 | | for each $40 of the first $330, or fraction thereof, of fine |
2 | | imposed for a violation of Section 15-111 of the Illinois |
3 | | Vehicle Code and $10 for each subsequent $40, or fraction |
4 | | thereof, of fine imposed for violation of Section 15-111 of the |
5 | | Illinois Vehicle Code, following the initial $15 additional |
6 | | penalty for each $40 of the first $330 of fine imposed .
The |
7 | | additional penalty under this subsection (c) of $15 for each |
8 | | $40, or fraction thereof, of fine
imposed , if not otherwise |
9 | | assessed, shall also be added to every fine
imposed upon a plea |
10 | | of guilty, stipulation of facts or findings of guilty,
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11 | | resulting in a judgment of conviction, or order of supervision |
12 | | in criminal,
traffic, local ordinance, county ordinance, and |
13 | | conservation cases (except
parking, registration, or |
14 | | pedestrian violations), or upon
a sentence of probation without |
15 | | entry of judgment under Section 10 of the
Cannabis Control Act, |
16 | | Section 410 of the Illinois Controlled Substances Act, or |
17 | | Section 70 of the Methamphetamine Control and Community |
18 | | Protection Act.
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19 | | Such additional amounts shall be assessed by the court |
20 | | imposing
the fine and shall be collected by the Circuit Clerk |
21 | | in addition to the
fine and costs in the case. Each such |
22 | | additional penalty shall be
remitted by the Circuit Clerk |
23 | | within one month after receipt to the State
Treasurer. The |
24 | | State Treasurer shall deposit $1 for each $40, or fraction
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25 | | thereof, of fine imposed into the LEADS Maintenance Fund. The |
26 | | State Treasurer shall deposit $3 for each $40, or fraction
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1 | | thereof, of fine imposed into the Law Enforcement Camera Grant |
2 | | Fund. The remaining
surcharge amount shall be deposited into |
3 | | the Traffic and Criminal Conviction
Surcharge
Fund, unless the |
4 | | fine, costs or additional amounts are subject to
disbursement |
5 | | by the circuit clerk under Section 27.5 of the Clerks of
Courts |
6 | | Act. Such additional penalty shall not be considered a part of |
7 | | the fine
for purposes of any reduction in the fine for time |
8 | | served either before or
after sentencing.
Not later than March |
9 | | 1 of each year the Circuit Clerk
shall submit a report of the |
10 | | amount of funds remitted to the State
Treasurer under this |
11 | | subsection (c) during the preceding calendar year.
Except as |
12 | | otherwise provided by Supreme Court Rules, if a court in |
13 | | imposing
a fine against an offender levies a gross
amount for |
14 | | fine, costs, fees and penalties, the amount of the additional
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15 | | penalty provided for herein shall be computed on the amount |
16 | | remaining after
deducting from the gross amount levied all fees |
17 | | of the Circuit Clerk, the
State's Attorney and the Sheriff. |
18 | | After deducting from the gross amount
levied the fees and |
19 | | additional penalty provided for herein, less any other
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20 | | additional penalties provided by law, the clerk shall remit the |
21 | | net balance
remaining to the entity authorized by law to |
22 | | receive the fine imposed in
the case. For purposes of this |
23 | | Section "fees of the Circuit Clerk" shall
include, if |
24 | | applicable, the fee provided for under Section 27.3a of the
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25 | | Clerks of Courts Act and the fee, if applicable, payable to the |
26 | | county in
which the violation occurred pursuant to Section |
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1 | | 5-1101 of the Counties Code.
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2 | | (c-5) In addition to the fines imposed by subsection (c), |
3 | | any person
convicted or receiving an order of supervision for |
4 | | driving under the influence
of alcohol or drugs shall pay an |
5 | | additional $100 fee to the clerk.
This
additional fee, less 2 |
6 | | 1/2% that shall be
used to defray administrative costs incurred |
7 | | by the clerk, shall be remitted by
the clerk to the Treasurer |
8 | | within 60 days after receipt for deposit into the
Trauma Center |
9 | | Fund. This additional fee of $100 shall not be
considered a |
10 | | part of
the
fine for purposes of any reduction in the fine for |
11 | | time served either before or
after sentencing.
Not later than |
12 | | March 1 of each year the Circuit Clerk
shall submit a report of |
13 | | the amount of funds remitted to the State
Treasurer under this |
14 | | subsection (c-5) during the preceding calendar year.
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15 | | The Circuit Clerk may accept payment of fines and costs by |
16 | | credit card
from an offender who has been convicted of a |
17 | | traffic offense, petty offense
or misdemeanor and may charge |
18 | | the service fee permitted where fines and
costs are paid by |
19 | | credit card provided for in Section 27.3b of the Clerks
of |
20 | | Courts Act.
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21 | | (c-7) In addition to the fines imposed by subsection (c), |
22 | | any person
convicted or receiving an order of supervision for |
23 | | driving under the influence
of alcohol or drugs shall pay an |
24 | | additional $5 fee to the clerk. This
additional fee, less 2 |
25 | | 1/2% that shall be
used to defray administrative costs incurred |
26 | | by the clerk, shall be remitted by
the clerk to the Treasurer |
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1 | | within 60 days after receipt for deposit into the
Spinal Cord |
2 | | Injury Paralysis Cure Research Trust Fund. This additional fee |
3 | | of
$5 shall not be
considered a part of
the
fine for purposes |
4 | | of any reduction in the fine for time served either before or
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5 | | after sentencing.
Not later than March 1 of each year the |
6 | | Circuit Clerk
shall submit a report of the amount of funds |
7 | | remitted to the State
Treasurer under this subsection (c-7) |
8 | | during the preceding calendar year.
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9 | | (c-9) (Blank).
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10 | | (d) In determining the amount and method of payment of a |
11 | | fine, except
for those fines established for violations of |
12 | | Chapter 15 of the Illinois
Vehicle Code, the court shall |
13 | | consider:
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14 | | (1) the financial resources and future ability of the |
15 | | offender to pay
the fine; and
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16 | | (2) whether the fine will prevent the offender from |
17 | | making court ordered
restitution or reparation to the |
18 | | victim of the offense; and
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19 | | (3) in a case where the accused is a dissolved |
20 | | corporation and the
court has appointed counsel to |
21 | | represent the corporation, the costs
incurred either by the |
22 | | county or the State for such representation.
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23 | | (e) The court may order the fine to be paid forthwith or |
24 | | within a
specified period of time or in installments.
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25 | | (f) All fines, costs and additional amounts imposed under |
26 | | this Section
for any violation of Chapters 3, 4, 6, and 11 of |
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1 | | the Illinois Vehicle Code,
or a similar provision of a local |
2 | | ordinance, and any violation of the Child
Passenger Protection |
3 | | Act, or a similar provision of a local ordinance,
shall be |
4 | | collected and disbursed by the circuit clerk as provided under
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5 | | Section 27.5 of the Clerks of Courts Act.
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6 | | (Source: P.A. 99-352, eff. 1-1-16 .)
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7 | | Section 99. Effective date. This Act takes effect upon |
8 | | becoming law.".
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