Full Text of HB3219 99th General Assembly
HB3219ham002 99TH GENERAL ASSEMBLY | Rep. Michael J. Zalewski Filed: 4/20/2015
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| 1 | | AMENDMENT TO HOUSE BILL 3219
| 2 | | AMENDMENT NO. ______. Amend House Bill 3219 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Finance Act is amended by adding | 5 | | Section 5.866 as follows: | 6 | | (30 ILCS 105/5.866 new) | 7 | | Sec. 5.866. The Hydrocodone Abuse Control Fund. This | 8 | | Section is repealed on January 1, 2017. | 9 | | Section 10. The Pharmacy Practice Act is amended by | 10 | | changing Sections 9, 9.5, and 11 and by adding Section 16c as | 11 | | follows:
| 12 | | (225 ILCS 85/9) (from Ch. 111, par. 4129)
| 13 | | (Section scheduled to be repealed on January 1, 2018)
| 14 | | Sec. 9. Registration as pharmacy technician. Any person |
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| 1 | | shall be entitled
to registration as a registered pharmacy | 2 | | technician who is of the age of 16
or over, has not engaged in | 3 | | conduct or behavior determined to be grounds for
discipline | 4 | | under this Act, is attending or has
graduated from an | 5 | | accredited high school or comparable school or educational
| 6 | | institution or received a high school equivalency certificate, | 7 | | and has filed a written application for registration on a form
| 8 | | to be prescribed and furnished by the Department for that | 9 | | purpose. The
Department shall issue a certificate of
| 10 | | registration as a registered pharmacy technician to any | 11 | | applicant who has
qualified as aforesaid, and such registration | 12 | | shall be the sole authority
required to assist licensed | 13 | | pharmacists in the practice of pharmacy, under
the supervision | 14 | | of a licensed pharmacist. A registered pharmacy technician may, | 15 | | under the supervision of a pharmacist, assist in the practice | 16 | | of pharmacy and perform such functions as assisting in the | 17 | | dispensing process, offering counseling, receiving new verbal | 18 | | prescription orders, and having prescriber contact concerning | 19 | | prescription drug order clarification. A registered pharmacy | 20 | | technician may not engage in patient counseling, drug regimen | 21 | | review, or clinical conflict resolution. | 22 | | Beginning on January 1, 2017 January 1, 2010 , within 2 | 23 | | years after initial registration as a registered pharmacy | 24 | | technician, the registrant must meet the requirements | 25 | | described in Section 9.5 of this Act and register as a | 26 | | registered certified pharmacy technician. If the registrant |
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| 1 | | has not yet attained the age of 18, then upon the next renewal | 2 | | as a registered pharmacy technician, the registrant must meet | 3 | | the requirements described in Section 9.5 of this Act and | 4 | | register as a registered certified pharmacy technician a | 5 | | pharmacy technician must become certified by successfully | 6 | | passing the Pharmacy Technician Certification Board (PTCB) | 7 | | examination or another Board-approved pharmacy technician | 8 | | examination and register as a certified pharmacy technician | 9 | | with the Department in order to continue to perform pharmacy | 10 | | technician's duties . This requirement does not apply to | 11 | | pharmacy technicians registered prior to January 1, 2008.
| 12 | | Any person registered
as a pharmacy technician who is also | 13 | | enrolled in a first professional
degree program in pharmacy in | 14 | | a school or college of pharmacy or a
department of pharmacy of | 15 | | a university approved by the Department or has graduated from | 16 | | such a program within the last 18 months, shall be
considered a | 17 | | "student pharmacist"
and entitled to use the title "student | 18 | | pharmacist". A student pharmacist must meet all of the | 19 | | requirements for registration as a pharmacy technician set | 20 | | forth in this Section excluding the requirement of | 21 | | certification prior to the second registration renewal and pay | 22 | | the required pharmacy technician registration fees. A student | 23 | | pharmacist may, under the supervision of a pharmacist, assist | 24 | | in the practice of pharmacy and perform any and all functions | 25 | | delegated to him or her by the pharmacist. | 26 | | Any person seeking licensure as a pharmacist who has |
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| 1 | | graduated from a pharmacy program outside the United States | 2 | | must register as a pharmacy technician and shall be considered | 3 | | a "student pharmacist" and be entitled to use the title | 4 | | "student pharmacist" while completing the 1,200 clinical hours | 5 | | of training approved by the Board of Pharmacy described and for | 6 | | no more than 18 months after completion of these hours. These | 7 | | individuals are not required to become registered certified | 8 | | pharmacy technicians while completing their Board approved | 9 | | clinical training, but must become licensed as a pharmacist or | 10 | | become a registered certified pharmacy technician before the | 11 | | second pharmacy technician registration renewal following | 12 | | completion of the Board approved clinical training. | 13 | | The Department shall not renew the pharmacy technician | 14 | | license of any person who has been registered as a "student | 15 | | pharmacist" and has dropped out of or been expelled from an | 16 | | ACPE accredited college of pharmacy, who has failed to complete | 17 | | his or her 1,200 hours of Board approved clinical training | 18 | | within 24 months or who has failed the pharmacist licensure | 19 | | examination 3 times and shall require these individuals to meet | 20 | | the requirements of and become registered as a registered | 21 | | certified pharmacy technician. | 22 | | The Department may
take any action set forth in Section 30 | 23 | | of this Act with regard to registrations
pursuant to this | 24 | | Section.
| 25 | | Any person who is enrolled in a non-traditional Pharm.D.
| 26 | | program at an ACPE accredited college of pharmacy and is a |
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| 1 | | licensed pharmacist
under the laws of another United States | 2 | | jurisdiction shall be permitted to
engage in the program of | 3 | | practice experience required in the academic program
by virtue | 4 | | of such license. Such person shall be exempt from the | 5 | | requirement
of registration as a registered pharmacy | 6 | | technician while engaged in the
program of practice experience | 7 | | required in the academic program.
| 8 | | An applicant for registration as a pharmacy technician may | 9 | | assist a
pharmacist in the practice of pharmacy for a period of | 10 | | up to
60 days prior to the issuance of a certificate of | 11 | | registration if the
applicant has submitted the required fee | 12 | | and an application for registration
to the Department. The | 13 | | applicant shall keep a copy of the submitted
application on the | 14 | | premises where the applicant is assisting in the
practice of | 15 | | pharmacy. The Department shall forward confirmation of receipt | 16 | | of the application with start and expiration dates of practice | 17 | | pending registration.
| 18 | | (Source: P.A. 98-718, eff. 1-1-15 .)
| 19 | | (225 ILCS 85/9.5) | 20 | | (Section scheduled to be repealed on January 1, 2018)
| 21 | | Sec. 9.5. Registered certified Certified pharmacy | 22 | | technician. | 23 | | (a) An individual registered as a registered pharmacy | 24 | | technician under this Act may be registered as a registered | 25 | | certified pharmacy technician, if he or she meets all of the |
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| 1 | | following requirements: | 2 | | (1) He or she has submitted a written application in | 3 | | the form and manner prescribed by the Department. | 4 | | (2) He or she has attained the age of 18. | 5 | | (3) He or she is of good moral character, as determined | 6 | | by the Department. | 7 | | (4) He or she has (i) graduated from pharmacy | 8 | | technician training meeting the requirements set forth in | 9 | | subsection (a) of Section 17.1 of this Act or (ii) obtained | 10 | | documentation from the pharmacist-in-charge of the | 11 | | pharmacy where the applicant is employed verifying that he | 12 | | or she has successfully completed a training program and | 13 | | has successfully completed an objective assessment | 14 | | mechanism prepared in accordance with rules established by | 15 | | the Department. | 16 | | (5) He or she has successfully passed an examination | 17 | | accredited by the National Commission for Certifying | 18 | | Agencies National Organization of Certifying Agencies , as | 19 | | approved and required by the Board. | 20 | | (6) He or she has paid the required certification fees. | 21 | | (b) No pharmacist whose license has been denied, revoked, | 22 | | suspended, or restricted for disciplinary purposes may be | 23 | | eligible to be registered as a certified pharmacy technician. | 24 | | (c) The Department may, by rule, establish any additional | 25 | | requirements for certification under this Section.
| 26 | | (d) A person who is not a registered pharmacy technician |
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| 1 | | and meets the requirements of this Section may register as a | 2 | | registered certified pharmacy technician without first | 3 | | registering as a pharmacy technician. | 4 | | (e) As a condition for the renewal of a certificate of | 5 | | registration as a registered certified pharmacy technician, | 6 | | the registrant shall provide evidence to the Department of | 7 | | completion of a total of 20 hours of continuing pharmacy | 8 | | education during the 24 months preceding the expiration date of | 9 | | the certificate. One hour of continuing pharmacy education must | 10 | | be in the subject of pharmacy law. One hour of continuing | 11 | | pharmacy education must be in the subject of patient safety. | 12 | | The continuing education shall be approved by the Accreditation | 13 | | Council on Pharmacy Education. | 14 | | The Department shall establish by rule a means for the | 15 | | verification of completion of the continuing education | 16 | | required by this subsection (e). This verification may be | 17 | | accomplished through audits of records maintained by | 18 | | registrants, by requiring the filing of continuing education | 19 | | certificates with the Department or a qualified organization | 20 | | selected by the Department to maintain such records, or by | 21 | | other means established by the Department. | 22 | | Rules developed under this subsection (e) may provide for a | 23 | | reasonable annual fee, not to exceed $20, to fund the cost of | 24 | | such recordkeeping. The Department shall, by rule, further | 25 | | provide an orderly process for the reinstatement of a | 26 | | registration that has not been renewed due to the failure to |
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| 1 | | meet the continuing pharmacy education requirements of this | 2 | | subsection (e). The Department may waive the requirements of | 3 | | continuing pharmacy education, in whole or in part, in cases of | 4 | | extreme hardship as defined by rule of the Department. The | 5 | | waivers shall be granted for not more than one of any 3 | 6 | | consecutive renewal periods. | 7 | | (Source: P.A. 95-689, eff. 10-29-07; 96-673, eff. 1-1-10.)
| 8 | | (225 ILCS 85/11) (from Ch. 111, par. 4131)
| 9 | | (Section scheduled to be repealed on January 1, 2018)
| 10 | | Sec. 11. Duties of the Department. The Department shall | 11 | | exercise the
powers and duties prescribed by
the Civil | 12 | | Administrative Code of Illinois for the administration of | 13 | | Licensing
Acts and shall exercise such other powers and duties | 14 | | necessary for effectuating
the purpose of this Act. However, | 15 | | the following powers and duties shall be
exercised only upon | 16 | | review
of the Board of
Pharmacy to take such action:
| 17 | | (a) Formulate such rules, not inconsistent with law and | 18 | | subject to
the Illinois Administrative Procedure Act, as may be | 19 | | necessary to carry
out the purposes and enforce the provisions | 20 | | of this Act. The Director
may grant variances from any such | 21 | | rules as provided for in this Section;
| 22 | | (b) The suspension, revocation, placing on probationary
| 23 | | status, reprimand, and refusing to issue or restore any license | 24 | | or
certificate of registration issued under the provisions of | 25 | | this Act
for the reasons set forth in Section 30 of this Act.
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| 1 | | (c) The issuance, renewal, restoration or reissuance of any | 2 | | license
or certificate which has been previously refused to be | 3 | | issued or renewed,
or has been revoked, suspended or placed on | 4 | | probationary status.
| 5 | | The granting of variances from rules promulgated pursuant | 6 | | to this Section in
individual cases where there is a finding | 7 | | that:
| 8 | | (1) the provision from which the variance is granted is | 9 | | not statutorily
mandated;
| 10 | | (2) no party will be injured by the granting of the | 11 | | variance; and
| 12 | | (3) the rule from which the variance is granted would, | 13 | | in the particular
case, be unreasonable or unnecessarily | 14 | | burdensome.
| 15 | | The Director shall notify the State Board of Pharmacy of | 16 | | the granting
of such variance and the reasons therefor, at the | 17 | | next meeting of the Board.
| 18 | | (d) The Secretary shall appoint a chief pharmacy | 19 | | coordinator and at least 2 deputy pharmacy coordinators, all of | 20 | | whom shall be registered pharmacists in good standing in this | 21 | | State, shall be graduates of an accredited college of pharmacy | 22 | | or hold, at a minimum, a bachelor of science degree in | 23 | | pharmacy, and shall have at least 5 years of experience in the | 24 | | practice of pharmacy immediately prior to his or her | 25 | | appointment. The chief pharmacy coordinator shall be the | 26 | | executive administrator and the chief enforcement officer of |
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| 1 | | this Act. The deputy pharmacy coordinators shall report to the | 2 | | chief pharmacy coordinator. The Secretary shall assign at least | 3 | | one deputy pharmacy coordinator to a region composed of Cook | 4 | | County and such other counties as the Secretary may deem | 5 | | appropriate, and such deputy pharmacy coordinator shall have | 6 | | his or her primary office in Chicago. The Secretary shall | 7 | | assign at least one deputy pharmacy coordinator to a region | 8 | | composed of the balance of counties in the State, and such | 9 | | deputy pharmacy coordinator shall have his or her primary | 10 | | office in Springfield. | 11 | | (e) The Secretary shall, in conformity with the Personnel | 12 | | Code, employ not less than 4 pharmacy investigators who shall | 13 | | report to the pharmacy coordinator or a deputy pharmacy | 14 | | coordinator. Each pharmacy investigator shall be a graduate of | 15 | | a 4-year college or university and shall (i) have at least 2 | 16 | | years of investigative experience; (ii) have 2 years of | 17 | | responsible pharmacy experience; or (iii) be a licensed | 18 | | pharmacist unless employed as a pharmacy investigator on or | 19 | | before the effective date of this amendatory Act of the 99th | 20 | | General Assembly . The Department shall also employ at least one | 21 | | attorney to prosecute violations of this Act and its rules. The | 22 | | Department may, in conformity with the Personnel Code, employ | 23 | | such clerical and other employees as are necessary to carry out | 24 | | the duties of the Board and Department. | 25 | | The duly authorized pharmacy investigators of the | 26 | | Department shall have the right to enter and inspect, during |
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| 1 | | business hours, any pharmacy or any other place in this State | 2 | | holding itself out to be a pharmacy where medicines, drugs or | 3 | | drug products, or proprietary medicines are sold, offered for | 4 | | sale, exposed for sale, or kept for sale.
| 5 | | (Source: P.A. 95-689, eff. 10-29-07.)
| 6 | | (225 ILCS 85/16c new) | 7 | | Sec. 16c. Medicine locking closure package. | 8 | | (a) As used in this Section: | 9 | | "Medicine locking closure package" means any alphanumeric | 10 | | combination locking closure mechanism that can only be unlocked | 11 | | with a user-generated, resettable alphanumeric code in | 12 | | combination with an amber prescription container that forms a | 13 | | package that allows only the person with a prescription access | 14 | | to the medicine. | 15 | | "Schedule II controlled substance" means a Schedule II | 16 | | controlled substance under the United States Controlled | 17 | | Substances Act and 21 CFR 1308. | 18 | | (b) Effective January 1, 2016, the Department shall | 19 | | implement a pilot project requiring that every new or refilled | 20 | | prescription for a Schedule II controlled substance containing | 21 | | hydrocodone shall only be dispensed in a non-reusable medicine | 22 | | locking closure package. | 23 | | (c) The medicine locking closure package must be dispensed | 24 | | by the pharmacy with instructions for patient use. | 25 | | (d) The manufacturer of the medicine locking closure |
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| 1 | | package must make available assistance online or through a | 2 | | toll-free number for patient use. | 3 | | (e) Prescriptions reimbursed via the Medicare Part D and | 4 | | Medicaid programs, including Medicaid managed care plans, are | 5 | | exempt from the provisions of this Section. | 6 | | (f) Prescriptions for individuals residing in facilities | 7 | | licensed under the Nursing Home Care Act are exempt from the | 8 | | provisions of this Section. | 9 | | (g) The Hydrocodone Abuse Control Fund is created as a | 10 | | special fund in the State treasury. Moneys in the Hydrocodone | 11 | | Abuse Control Fund shall be used by the Department to fund a | 12 | | rebate program to reimburse pharmacies for implementation of | 13 | | the pilot project under this Section. | 14 | | (h) This Section is repealed on January 1, 2017. | 15 | | Section 15. The Clerks of Courts Act is amended by changing | 16 | | Sections 27.5 and 27.6 as follows:
| 17 | | (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
| 18 | | Sec. 27.5. (a) All fees, fines, costs, additional | 19 | | penalties, bail balances
assessed or forfeited, and any other | 20 | | amount paid by a person to the circuit
clerk that equals an | 21 | | amount less than $55, except restitution under Section
5-5-6 of | 22 | | the Unified Code of Corrections, reimbursement for the costs of | 23 | | an
emergency response as provided under Section 11-501 of the | 24 | | Illinois Vehicle
Code, any fees collected for attending a |
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| 1 | | traffic safety program under
paragraph (c) of Supreme Court | 2 | | Rule 529, any fee collected on behalf of a
State's Attorney | 3 | | under Section 4-2002 of the Counties Code or a sheriff under
| 4 | | Section 4-5001 of the Counties Code, or any cost imposed under | 5 | | Section 124A-5
of the Code of Criminal Procedure of 1963, for | 6 | | convictions, orders of
supervision, or any other disposition | 7 | | for a violation of Chapters 3, 4, 6,
11, and 12 of the Illinois | 8 | | Vehicle Code, or a similar provision of a local
ordinance, and | 9 | | any violation of the Child Passenger Protection Act, or a
| 10 | | similar provision of a local ordinance, and except as otherwise | 11 | | provided in this Section, shall be disbursed within 60 days | 12 | | after receipt by the circuit
clerk as follows , except as | 13 | | provided in subsection (a-5) : 47% shall be disbursed to the | 14 | | entity authorized by law to
receive the fine imposed in the | 15 | | case; 12% shall be disbursed to the State
Treasurer; and 41% | 16 | | shall be disbursed to the county's general corporate fund.
Of | 17 | | the 12% disbursed to the State Treasurer, 1/6 shall be | 18 | | deposited by the
State Treasurer into the Violent Crime Victims | 19 | | Assistance Fund, 1/2 shall be
deposited into the Traffic and | 20 | | Criminal Conviction Surcharge Fund, and 1/3
shall be deposited | 21 | | into the Drivers Education Fund. For fiscal years 1992 and
| 22 | | 1993, amounts deposited into the Violent Crime Victims | 23 | | Assistance Fund, the
Traffic and Criminal Conviction Surcharge | 24 | | Fund, or the Drivers Education Fund
shall not exceed 110% of | 25 | | the amounts deposited into those funds in fiscal year
1991. Any | 26 | | amount that exceeds the 110% limit shall be distributed as |
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| 1 | | follows:
50% shall be disbursed to the county's general | 2 | | corporate fund and 50% shall be
disbursed to the entity | 3 | | authorized by law to receive the fine imposed in the
case. 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 Section during the preceding year based upon
| 7 | | independent verification of fines and fees. All counties shall | 8 | | be subject
to this Section, except that counties with a | 9 | | population under 2,000,000
may, by ordinance, elect not to be | 10 | | subject to this Section. For offenses
subject to this Section, | 11 | | judges shall impose one total sum of money payable
for | 12 | | violations. The circuit clerk may add on no additional amounts | 13 | | except
for amounts that are required by Sections 27.3a and | 14 | | 27.3c of
this Act, Section 16-104c of the Illinois Vehicle | 15 | | Code, and subsection (a) of Section 5-1101 of the Counties | 16 | | Code, unless those amounts are specifically waived by the | 17 | | judge. With
respect to money collected by the circuit clerk as | 18 | | a result of
forfeiture of bail, ex parte judgment or guilty | 19 | | plea pursuant to Supreme
Court Rule 529, the circuit clerk | 20 | | shall first deduct and pay amounts
required by Sections 27.3a | 21 | | and 27.3c of this Act. Unless a court ordered payment schedule | 22 | | is implemented or fee requirements are waived pursuant to a | 23 | | court order, the circuit clerk may add to any unpaid fees and | 24 | | costs a delinquency amount equal to 5% of the unpaid fees that | 25 | | remain unpaid after 30 days, 10% of the unpaid fees that remain | 26 | | unpaid after 60 days, and 15% of the unpaid fees that remain |
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| 1 | | unpaid after 90 days. Notice to those parties may be made by | 2 | | signage posting or publication. The additional delinquency | 3 | | amounts collected under this Section shall be deposited in the | 4 | | Circuit Court Clerk Operation and Administrative Fund to be | 5 | | used to defray administrative costs incurred by the circuit | 6 | | clerk in performing the duties required to collect and disburse | 7 | | funds. This Section is a denial
and limitation of home rule | 8 | | powers and functions under subsection (h) of
Section 6 of | 9 | | Article VII of the Illinois Constitution.
| 10 | | (a-5) On and after the effective date of this amendatory | 11 | | Act of the 99th General Assembly and until January 1, 2017, | 12 | | notwithstanding the provisions of subsection (a), for | 13 | | violations of paragraphs (4), (5), and (6) of subsection (a) of | 14 | | Section 11-501 of the Illinois Vehicle Code, all fees, fines, | 15 | | costs, additional penalties, bail balances assessed or | 16 | | forfeited, and any other amount paid by a person to the circuit | 17 | | clerk under subsection (a), shall be disbursed within 60 days | 18 | | after receipt by the circuit clerk as follows: | 19 | | (1) 42% shall be disbursed to the entity authorized by
| 20 | | law to receive the fine imposed in the case; | 21 | | (2) 12% shall be disbursed to the State Treasurer, to | 22 | | be deposited as follows: 1/6 shall be deposited by the | 23 | | State Treasurer into the Violent Crime Victims Assistance | 24 | | Fund, 1/2 shall be deposited into the Traffic and Criminal | 25 | | Conviction Surcharge Fund, and 1/3 shall be deposited into | 26 | | the Drivers Education Fund; |
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| 1 | | (3) 36% shall be disbursed to the county's general | 2 | | corporate fund; and | 3 | | (4) 10% shall be disbursed to the State Treasurer, to | 4 | | be deposited into the Hydrocodone Abuse Control Fund. | 5 | | (b) The following amounts must be remitted to the State | 6 | | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| 7 | | (1) 50% of the amounts collected for felony offenses | 8 | | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | 9 | | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | 10 | | Animals Act and Section 26-5 or 48-1 of the Criminal Code | 11 | | of
1961 or the Criminal Code of 2012;
| 12 | | (2) 20% of the amounts collected for Class A and Class | 13 | | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | 14 | | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | 15 | | for Animals Act and Section 26-5 or 48-1 of the Criminal
| 16 | | Code of 1961 or the Criminal Code of 2012; and
| 17 | | (3) 50% of the amounts collected for Class C | 18 | | misdemeanors under
Sections 4.01 and 7.1 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.
| 21 | | (c) Any person who receives a disposition of court | 22 | | supervision for a violation of the Illinois Vehicle Code or a | 23 | | similar provision of a local ordinance shall, in addition to | 24 | | any other fines, fees, and court costs, pay an additional fee | 25 | | of $29, to be disbursed as provided in Section 16-104c of the | 26 | | Illinois Vehicle Code. In addition to the fee of $29, the |
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| 1 | | person shall also pay a fee of $6, if not waived by the court. | 2 | | If this $6 fee is collected, $5.50 of the fee shall be | 3 | | deposited into the Circuit Court Clerk Operation and | 4 | | Administrative Fund created by the Clerk of the Circuit Court | 5 | | and 50 cents of the fee shall be deposited into the Prisoner | 6 | | Review Board Vehicle and Equipment Fund in the State treasury. | 7 | | (d) Any person convicted of, pleading guilty to, or placed | 8 | | on supervision for a serious traffic violation, as defined in | 9 | | Section 1-187.001 of the Illinois Vehicle Code, a violation of | 10 | | Section 11-501 of the Illinois Vehicle Code, or a violation of | 11 | | a similar provision of a local ordinance shall pay an | 12 | | additional fee of $35, to be disbursed as provided in Section | 13 | | 16-104d of that Code. | 14 | | This subsection (d) becomes inoperative on January 1, 2020.
| 15 | | (e) In all counties having a population of 3,000,000 or | 16 | | more inhabitants: | 17 | | (1) A person who is found guilty of or pleads guilty to | 18 | | violating subsection (a) of Section 11-501 of the Illinois | 19 | | Vehicle Code, including any person placed on court | 20 | | supervision for violating subsection (a), shall be fined | 21 | | $750 as provided for by subsection (f) of Section 11-501.01 | 22 | | of the Illinois Vehicle Code, payable to the circuit clerk, | 23 | | who shall distribute the money pursuant to subsection (f) | 24 | | of Section 11-501.01 of the Illinois Vehicle Code. | 25 | | (2) When a crime laboratory DUI analysis fee of $150, | 26 | | provided for by Section 5-9-1.9 of the Unified Code of |
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| 1 | | Corrections is assessed, it shall be disbursed by the | 2 | | circuit clerk as provided by subsection (f) of Section | 3 | | 5-9-1.9 of the Unified Code of Corrections. | 4 | | (3) When a fine for a violation of subsection (a) of | 5 | | Section 11-605 of the Illinois Vehicle Code is $150 or | 6 | | greater, the additional $50 which is charged as provided | 7 | | for by subsection (f) of Section 11-605 of the Illinois | 8 | | Vehicle Code shall be disbursed by the circuit clerk to a | 9 | | school district or districts for school safety purposes as | 10 | | provided by subsection (f) of Section 11-605. | 11 | | (4) When a fine for a violation of subsection (a) of | 12 | | Section 11-1002.5 of the Illinois Vehicle Code is $150 or | 13 | | greater, the additional $50 which is charged as provided | 14 | | for by subsection (c) of Section 11-1002.5 of the Illinois | 15 | | Vehicle Code shall be disbursed by the circuit clerk to a | 16 | | school district or districts for school safety purposes as | 17 | | provided by subsection (c) of Section 11-1002.5 of the | 18 | | Illinois Vehicle Code. | 19 | | (5) When a mandatory drug court fee of up to $5 is | 20 | | assessed as provided in subsection (f) of Section 5-1101 of | 21 | | the Counties Code, it shall be disbursed by the circuit | 22 | | clerk as provided in subsection (f) of Section 5-1101 of | 23 | | the Counties Code. | 24 | | (6) When a mandatory teen court, peer jury, youth | 25 | | court, or other youth diversion program fee is assessed as | 26 | | provided in subsection (e) of Section 5-1101 of the |
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| 1 | | Counties Code, it shall be disbursed by the circuit clerk | 2 | | as provided in subsection (e) of Section 5-1101 of the | 3 | | Counties Code. | 4 | | (7) When a Children's Advocacy Center fee is assessed | 5 | | pursuant to subsection (f-5) of Section 5-1101 of the | 6 | | Counties Code, it shall be disbursed by the circuit clerk | 7 | | as provided in subsection (f-5) of Section 5-1101 of the | 8 | | Counties Code. | 9 | | (8) When a victim impact panel fee is assessed pursuant | 10 | | to subsection (b) of Section 11-501.01 of the Illinois | 11 | | Vehicle Code, it shall be disbursed by the circuit clerk to | 12 | | the victim impact panel to be
attended by the defendant. | 13 | | (9) When a new fee collected in traffic cases is | 14 | | enacted after January 1, 2010 (the effective date of Public | 15 | | Act 96-735), it shall be excluded from the percentage | 16 | | disbursement provisions of this Section unless otherwise | 17 | | indicated by law. | 18 | | (f) Any person who receives a disposition of court | 19 | | supervision for a violation of Section 11-501 of the Illinois | 20 | | Vehicle Code shall, in addition to any other fines, fees, and | 21 | | court costs, pay an additional fee of $50, which shall
be | 22 | | collected by the circuit clerk and then remitted to the State | 23 | | Treasurer for deposit into the Roadside Memorial Fund, a | 24 | | special fund in the State treasury. However, the court may | 25 | | waive the fee if full restitution is complied with. Subject to | 26 | | appropriation, all moneys in the Roadside Memorial Fund shall |
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| 1 | | be used by the Department of Transportation to pay fees imposed | 2 | | under subsection (f) of Section 20 of the Roadside Memorial | 3 | | Act. The fee shall be remitted by the circuit clerk within one | 4 | | month after receipt to the State Treasurer for deposit into the | 5 | | Roadside Memorial Fund. | 6 | | (g) For any conviction or disposition of court supervision | 7 | | for a violation of Section 11-1429 of the Illinois Vehicle | 8 | | Code, the circuit clerk shall distribute the fines paid by the | 9 | | person as specified by subsection (h) of Section 11-1429 of the | 10 | | Illinois Vehicle Code. | 11 | | (Source: P.A. 97-333, eff. 8-12-11; 97-1108, eff. 1-1-13; | 12 | | 97-1150, eff. 1-25-13; 98-658, eff. 6-23-14.)
| 13 | | (705 ILCS 105/27.6)
| 14 | | (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625, | 15 | | 96-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150, | 16 | | 98-658, and 98-1013) | 17 | | Sec. 27.6. (a) All fees, fines, costs, additional | 18 | | penalties, bail balances
assessed or forfeited, and any other | 19 | | amount paid by a person to the circuit
clerk equalling an | 20 | | amount of $55 or more, except the fine imposed by Section | 21 | | 5-9-1.15
of the Unified Code of Corrections, the additional fee | 22 | | required
by subsections (b) and (c), restitution under Section | 23 | | 5-5-6 of the
Unified Code of Corrections, contributions to a | 24 | | local anti-crime program ordered pursuant to Section | 25 | | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of |
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| 1 | | Corrections, reimbursement for the costs of an emergency
| 2 | | response as provided under Section 11-501 of the Illinois | 3 | | Vehicle Code,
any fees collected for attending a traffic safety | 4 | | program under paragraph (c)
of Supreme Court Rule 529, any fee | 5 | | collected on behalf of a State's Attorney
under Section 4-2002 | 6 | | of the Counties Code or a sheriff under Section 4-5001
of the | 7 | | Counties Code, or any cost imposed under Section 124A-5 of the | 8 | | Code of
Criminal Procedure of 1963, for convictions, orders of | 9 | | supervision, or any
other disposition for a violation of | 10 | | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | 11 | | similar provision of a local ordinance, and any
violation of | 12 | | the Child Passenger Protection Act, or a similar provision of a
| 13 | | local ordinance, and except as otherwise provided in this | 14 | | Section
shall be disbursed
within 60 days after receipt by the | 15 | | circuit
clerk as follows , except as provided in subsection | 16 | | (a-5) : 44.5% shall be disbursed to the entity authorized by law | 17 | | to
receive the fine imposed in the case; 16.825% shall be | 18 | | disbursed to the State
Treasurer; and 38.675% shall be | 19 | | disbursed to the county's general corporate
fund. Of the | 20 | | 16.825% disbursed to the State Treasurer, 2/17 shall be | 21 | | deposited
by the State Treasurer into the Violent Crime Victims | 22 | | Assistance Fund, 5.052/17
shall be deposited into the Traffic | 23 | | and Criminal Conviction Surcharge Fund,
3/17 shall be deposited | 24 | | into the Drivers Education Fund, and 6.948/17 shall be
| 25 | | deposited into the Trauma Center Fund. Of the 6.948/17 | 26 | | deposited into the
Trauma Center Fund from the 16.825% |
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| 1 | | disbursed to the State Treasurer, 50% shall
be disbursed to the | 2 | | Department of Public Health and 50% shall be disbursed to
the | 3 | | Department of Healthcare and Family Services. For fiscal year | 4 | | 1993, amounts deposited into
the Violent Crime Victims | 5 | | Assistance Fund, the Traffic and Criminal
Conviction Surcharge | 6 | | Fund, or the Drivers Education Fund shall not exceed 110%
of | 7 | | the amounts deposited into those funds in fiscal year 1991. Any
| 8 | | amount that exceeds the 110% limit shall be distributed as | 9 | | follows: 50%
shall be disbursed to the county's general | 10 | | corporate fund and 50% shall be
disbursed to the entity | 11 | | authorized by law to receive the fine imposed in
the case. Not | 12 | | later than March 1 of each year the circuit clerk
shall submit | 13 | | a report of the amount of funds remitted to the State
Treasurer | 14 | | under this Section during the preceding year based upon
| 15 | | independent verification of fines and fees. All counties shall | 16 | | be subject
to this Section, except that counties with a | 17 | | population under 2,000,000
may, by ordinance, elect not to be | 18 | | subject to this Section. For offenses
subject to this Section, | 19 | | judges shall impose one total sum of money payable
for | 20 | | violations. The circuit clerk may add on no additional amounts | 21 | | except
for amounts that are required by Sections 27.3a and | 22 | | 27.3c of
this Act, unless those amounts are specifically waived | 23 | | by the judge. With
respect to money collected by the circuit | 24 | | clerk as a result of
forfeiture of bail, ex parte judgment or | 25 | | guilty plea pursuant to Supreme
Court Rule 529, the circuit | 26 | | clerk shall first deduct and pay amounts
required by Sections |
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| 1 | | 27.3a and 27.3c of this Act. This Section is a denial
and | 2 | | limitation of home rule powers and functions under subsection | 3 | | (h) of
Section 6 of Article VII of the Illinois Constitution.
| 4 | | (a-5) On and after the effective date of this amendatory | 5 | | Act of the 99th General Assembly and until January 1, 2017, | 6 | | notwithstanding the provisions of subsection (a), for | 7 | | violations of paragraphs (4), (5), and (6) of subsection (a) of | 8 | | Section 11-501 of the Illinois Vehicle Code, all fees, fines, | 9 | | costs, additional penalties, bail balances assessed or | 10 | | forfeited, and any other amount paid by a person to the circuit | 11 | | clerk under subsection (a), shall be disbursed within 60 days | 12 | | after receipt by the circuit clerk as follows: | 13 | | (1) 39.5% shall be disbursed to the entity authorized | 14 | | by law to receive the fine imposed in the case; | 15 | | (2) 16.825% shall be disbursed to the State Treasurer, | 16 | | to be deposited as follows: 2/17 shall be deposited by the | 17 | | State Treasurer into the Violent Crime Victims Assistance | 18 | | Fund, 5.052/17 shall be deposited into the Traffic and | 19 | | Criminal Conviction Surcharge Fund, 3/17 shall be | 20 | | deposited into the Drivers Education Fund, and 6.948/17 | 21 | | shall be deposited into the Trauma Center Fund; | 22 | | (3) 33.675% shall be disbursed to the county's general | 23 | | corporate fund; and | 24 | | (4) 10% shall be disbursed to the State Treasurer, to | 25 | | be deposited into the Hydrocodone Abuse Control Fund. | 26 | | (b) In addition to any other fines and court costs assessed |
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| 1 | | by the courts,
any person convicted or receiving an order of | 2 | | supervision for driving under
the influence of alcohol or drugs | 3 | | shall pay an additional fee of $100 to the
clerk of the circuit | 4 | | court. This amount, less 2 1/2% that shall be used to
defray | 5 | | administrative costs incurred by the clerk, shall be remitted | 6 | | by the
clerk to the Treasurer within 60 days after receipt for | 7 | | deposit into the Trauma
Center Fund. This additional fee of | 8 | | $100 shall not be considered a part of the
fine for purposes of | 9 | | any reduction in the fine for time served either before or
| 10 | | after sentencing. Not later than March 1 of each year the | 11 | | Circuit Clerk shall
submit a report of the amount of funds | 12 | | remitted to the State Treasurer under
this subsection during | 13 | | the preceding calendar year.
| 14 | | (b-1) In addition to any other fines and court costs | 15 | | assessed by the courts,
any person convicted or receiving an | 16 | | order of supervision for driving under the
influence of alcohol | 17 | | or drugs 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 | | (c) In addition to any other fines and court costs assessed | 3 | | by the courts,
any person convicted for a violation of Sections | 4 | | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or the | 5 | | Criminal Code of 2012 or a person sentenced for a violation of | 6 | | the Cannabis
Control Act, the Illinois Controlled Substances | 7 | | Act, or the Methamphetamine Control and Community Protection | 8 | | Act
shall pay an additional fee of $100 to the clerk
of the | 9 | | circuit court. This amount, less
2 1/2% that shall be used to | 10 | | defray administrative costs incurred by the clerk,
shall be | 11 | | remitted by the clerk to the Treasurer within 60 days after | 12 | | receipt
for deposit into the Trauma Center Fund. This | 13 | | additional fee of $100 shall not
be considered a part of the | 14 | | fine for purposes of any reduction in the fine for
time served | 15 | | either before or after sentencing. Not later than March 1 of | 16 | | each
year the Circuit Clerk shall submit a report of the amount | 17 | | of funds remitted to
the State Treasurer under this subsection | 18 | | during the preceding calendar year.
| 19 | | (c-1) In addition to any other fines and court costs | 20 | | assessed by the
courts, any person sentenced for a violation of | 21 | | the Cannabis Control Act,
the Illinois Controlled Substances | 22 | | Act, or the Methamphetamine Control and Community Protection | 23 | | Act shall pay an additional fee of $5 to the
clerk of the | 24 | | circuit court. This amount, less 2 1/2% that shall be used to
| 25 | | defray administrative costs incurred by the clerk, shall be | 26 | | remitted by the
clerk to the Treasurer within 60 days after |
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| 1 | | receipt for deposit into the Spinal
Cord Injury Paralysis Cure | 2 | | Research Trust Fund. This additional fee of $5
shall not be | 3 | | considered a part of the fine for purposes of any reduction in | 4 | | the
fine for time served either before or after sentencing. Not | 5 | | later than March 1
of each year the Circuit Clerk shall submit | 6 | | a report of the amount of funds
remitted to the State Treasurer | 7 | | under this subsection during the preceding
calendar year.
| 8 | | (d) The following amounts must be remitted to the State | 9 | | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| 10 | | (1) 50% of the amounts collected for felony offenses | 11 | | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | 12 | | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | 13 | | Animals Act and Section 26-5 or 48-1 of the Criminal Code | 14 | | of
1961 or the Criminal Code of 2012;
| 15 | | (2) 20% of the amounts collected for Class A and Class | 16 | | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | 17 | | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | 18 | | for Animals Act and Section 26-5 or 48-1 of the Criminal
| 19 | | Code of 1961 or the Criminal Code of 2012; and
| 20 | | (3) 50% of the amounts collected for Class C | 21 | | misdemeanors under Sections
4.01 and 7.1 of the Humane Care | 22 | | for Animals Act and Section 26-5 or 48-1 of the
Criminal | 23 | | Code of 1961 or the Criminal Code of 2012.
| 24 | | (e) Any person who receives a disposition of court | 25 | | supervision for a violation of the Illinois Vehicle Code or a | 26 | | similar provision of a local ordinance shall, in addition to |
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| 1 | | any other fines, fees, and court costs, pay an additional fee | 2 | | of $29, to be disbursed as provided in Section 16-104c of the | 3 | | Illinois Vehicle Code. In addition to the fee of $29, the | 4 | | person shall also pay a fee of $6, if not waived by the court. | 5 | | If this $6 fee is collected, $5.50 of the fee shall be | 6 | | deposited into the Circuit Court Clerk Operation and | 7 | | Administrative Fund created by the Clerk of the Circuit Court | 8 | | and 50 cents of the fee shall be deposited into the Prisoner | 9 | | Review Board Vehicle and Equipment Fund in the State treasury.
| 10 | | (f) This Section does not apply to the additional child | 11 | | pornography fines assessed and collected under Section | 12 | | 5-9-1.14 of the Unified Code of Corrections.
| 13 | | (g) (Blank). | 14 | | (h) (Blank). | 15 | | (i)
Of the amounts collected as fines under subsection (b) | 16 | | of Section 3-712 of the Illinois Vehicle Code, 99% shall be | 17 | | deposited into the Illinois Military Family Relief Fund and 1% | 18 | | shall be deposited into the Circuit Court Clerk Operation and | 19 | | Administrative Fund created by the Clerk of the Circuit Court | 20 | | to be used to offset the costs incurred by the Circuit Court | 21 | | Clerk in performing the additional duties required to collect | 22 | | and disburse funds to entities of State and local government as | 23 | | provided by law.
| 24 | | (j) Any person convicted of, pleading guilty to, or placed | 25 | | on supervision for a serious traffic violation, as defined in | 26 | | Section 1-187.001 of the Illinois Vehicle Code, a violation of |
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| 1 | | Section 11-501 of the Illinois Vehicle Code, or a violation of | 2 | | a similar provision of a local ordinance shall pay an | 3 | | additional fee of $35, to be disbursed as provided in Section | 4 | | 16-104d of that Code. | 5 | | This subsection (j) becomes inoperative on January 1, 2020. | 6 | | (k) For any conviction or disposition of court supervision | 7 | | for a violation of Section 11-1429 of the Illinois Vehicle | 8 | | Code, the circuit clerk shall distribute the fines paid by the | 9 | | person as specified by subsection (h) of Section 11-1429 of the | 10 | | Illinois Vehicle Code. | 11 | | (l) Any person who receives a disposition of court | 12 | | supervision for a violation of Section 11-501 of the Illinois | 13 | | Vehicle Code or a similar provision of a local ordinance shall, | 14 | | in addition to any other fines, fees, and court costs, pay an | 15 | | additional fee of $50, which shall
be collected by the circuit | 16 | | clerk and then remitted to the State Treasurer for deposit into | 17 | | the Roadside Memorial Fund, a special fund in the State | 18 | | treasury. However, the court may waive the fee if full | 19 | | restitution is complied with. Subject to appropriation, all | 20 | | moneys in the Roadside Memorial Fund shall be used by the | 21 | | Department of Transportation to pay fees imposed under | 22 | | subsection (f) of Section 20 of the Roadside Memorial Act. The | 23 | | fee shall be remitted by the circuit clerk within one month | 24 | | after receipt to the State Treasurer for deposit into the | 25 | | Roadside Memorial Fund. | 26 | | (m) Of the amounts collected as fines under subsection (c) |
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| 1 | | of Section 411.4 of the Illinois Controlled Substances Act or | 2 | | subsection (c) of Section 90 of the Methamphetamine Control and | 3 | | Community Protection Act, 99% shall be deposited to the law | 4 | | enforcement agency or fund specified and 1% shall be deposited | 5 | | into the Circuit Court Clerk Operation and Administrative Fund | 6 | | to be used to offset the costs incurred by the Circuit Court | 7 | | Clerk in performing the additional duties required to collect | 8 | | and disburse funds to entities of State and local government as | 9 | | provided by law. | 10 | | (n) In addition to any other fines and court costs assessed | 11 | | by the courts, any person who is convicted of or pleads guilty | 12 | | to a violation of the Criminal Code of 1961 or the Criminal | 13 | | Code of 2012, or a similar provision of a local ordinance, or | 14 | | who is convicted of, pleads guilty to, or receives a | 15 | | disposition of court supervision for a violation of the | 16 | | Illinois Vehicle Code, or a similar provision of a local | 17 | | ordinance, shall pay an additional fee of $15 to the clerk of | 18 | | the circuit court. This additional fee of $15 shall not be | 19 | | considered a part of the fine for purposes of any reduction in | 20 | | the fine for time served either before or after sentencing. | 21 | | This amount, less 2.5% that shall be used to defray | 22 | | administrative costs incurred by the clerk, shall be remitted | 23 | | by the clerk to the State Treasurer within 60 days after | 24 | | receipt for deposit into the State Police Merit Board Public | 25 | | Safety Fund. | 26 | | (o) The amounts collected as fines under Sections 10-9, |
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| 1 | | 11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall | 2 | | be collected by the circuit clerk and distributed as provided | 3 | | under Section 5-9-1.21 of the Unified Code of Corrections in | 4 | | lieu of any disbursement under subsection (a) of this Section. | 5 | | (Source: P.A. 97-434, eff. 1-1-12; 97-1051, eff. 1-1-13; | 6 | | 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-658, eff. | 7 | | 6-23-14; 98-1013, eff. 1-1-15; revised 10-2-14.) | 8 | | (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667, | 9 | | 96-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150, | 10 | | 98-658, and 98-1013) | 11 | | Sec. 27.6. (a) All fees, fines, costs, additional | 12 | | penalties, bail balances
assessed or forfeited, and any other | 13 | | amount paid by a person to the circuit
clerk equalling an | 14 | | amount of $55 or more, except the fine imposed by Section | 15 | | 5-9-1.15
of the Unified Code of Corrections, the additional fee | 16 | | required
by subsections (b) and (c), restitution under Section | 17 | | 5-5-6 of the
Unified Code of Corrections, contributions to a | 18 | | local anti-crime program ordered pursuant to Section | 19 | | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | 20 | | Corrections, reimbursement for the costs of an emergency
| 21 | | response as provided under Section 11-501 of the Illinois | 22 | | Vehicle Code,
any fees collected for attending a traffic safety | 23 | | program under paragraph (c)
of Supreme Court Rule 529, any fee | 24 | | collected on behalf of a State's Attorney
under Section 4-2002 | 25 | | of the Counties Code or a sheriff under Section 4-5001
of the |
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| 1 | | Counties Code, or any cost imposed under Section 124A-5 of the | 2 | | Code of
Criminal Procedure of 1963, for convictions, orders of | 3 | | supervision, or any
other disposition for a violation of | 4 | | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | 5 | | similar provision of a local ordinance, and any
violation of | 6 | | the Child Passenger Protection Act, or a similar provision of a
| 7 | | local ordinance, and except as otherwise provided in this | 8 | | Section
shall be disbursed
within 60 days after receipt by the | 9 | | circuit
clerk as follows , except as provided in subsection | 10 | | (a-5) : 44.5% shall be disbursed to the entity authorized by law | 11 | | to
receive the fine imposed in the case; 16.825% shall be | 12 | | disbursed to the State
Treasurer; and 38.675% shall be | 13 | | disbursed to the county's general corporate
fund. Of the | 14 | | 16.825% disbursed to the State Treasurer, 2/17 shall be | 15 | | deposited
by the State Treasurer into the Violent Crime Victims | 16 | | Assistance Fund, 5.052/17
shall be deposited into the Traffic | 17 | | and Criminal Conviction Surcharge Fund,
3/17 shall be deposited | 18 | | into the Drivers Education Fund, and 6.948/17 shall be
| 19 | | deposited into the Trauma Center Fund. Of the 6.948/17 | 20 | | deposited into the
Trauma Center Fund from the 16.825% | 21 | | disbursed to the State Treasurer, 50% shall
be disbursed to the | 22 | | Department of Public Health and 50% shall be disbursed to
the | 23 | | Department of Healthcare and Family Services. For fiscal year | 24 | | 1993, amounts deposited into
the Violent Crime Victims | 25 | | Assistance Fund, the Traffic and Criminal
Conviction Surcharge | 26 | | Fund, or the Drivers Education Fund shall not exceed 110%
of |
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| 1 | | the amounts deposited into those funds in fiscal year 1991. Any
| 2 | | amount that exceeds the 110% limit shall be distributed as | 3 | | follows: 50%
shall be disbursed to the county's general | 4 | | corporate fund and 50% shall be
disbursed to the entity | 5 | | authorized by law to receive the fine imposed in
the case. Not | 6 | | later than March 1 of each year the circuit clerk
shall submit | 7 | | a report of the amount of funds remitted to the State
Treasurer | 8 | | under this Section during the preceding year based upon
| 9 | | independent verification of fines and fees. All counties shall | 10 | | be subject
to this Section, except that counties with a | 11 | | population under 2,000,000
may, by ordinance, elect not to be | 12 | | subject to this Section. For offenses
subject to this Section, | 13 | | judges shall impose one total sum of money payable
for | 14 | | violations. The circuit clerk may add on no additional amounts | 15 | | except
for amounts that are required by Sections 27.3a and | 16 | | 27.3c of
this Act, Section 16-104c of the Illinois Vehicle | 17 | | Code, and subsection (a) of Section 5-1101 of the Counties | 18 | | Code, unless those amounts are specifically waived by the | 19 | | judge. With
respect to money collected by the circuit clerk as | 20 | | a result of
forfeiture of bail, ex parte judgment or guilty | 21 | | plea pursuant to Supreme
Court Rule 529, the circuit clerk | 22 | | shall first deduct and pay amounts
required by Sections 27.3a | 23 | | and 27.3c of this Act. Unless a court ordered payment schedule | 24 | | is implemented or fee requirements are waived pursuant to court | 25 | | order, the clerk of the court may add to any unpaid fees and | 26 | | costs a delinquency amount equal to 5% of the unpaid fees that |
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| 1 | | remain unpaid after 30 days, 10% of the unpaid fees that remain | 2 | | unpaid after 60 days, and 15% of the unpaid fees that remain | 3 | | unpaid after 90 days. Notice to those parties may be made by | 4 | | signage posting or publication. The additional delinquency | 5 | | amounts collected under this Section shall be deposited in the | 6 | | Circuit Court Clerk Operation and Administrative Fund to be | 7 | | used to defray administrative costs incurred by the circuit | 8 | | clerk in performing the duties required to collect and disburse | 9 | | funds. This Section is a denial
and limitation of home rule | 10 | | powers and functions under subsection (h) of
Section 6 of | 11 | | Article VII of the Illinois Constitution.
| 12 | | (a-5) On and after the effective date of this amendatory | 13 | | Act of the 99th General Assembly and until January 1, 2017, | 14 | | notwithstanding the provisions of subsection (a), for | 15 | | violations of paragraphs (4), (5), and (6) of subsection (a) of | 16 | | Section 11-501 of the Illinois Vehicle Code, all fees, fines, | 17 | | costs, additional penalties, bail balances assessed or | 18 | | forfeited, and any other amount paid by a person to the circuit | 19 | | clerk under subsection (a), shall be disbursed within 60 days | 20 | | after receipt by the circuit clerk as follows: | 21 | | (1) 39.5% shall be disbursed to the entity authorized | 22 | | by law to receive the fine imposed in the case; | 23 | | (2) 16.825% shall be disbursed to the State Treasurer, | 24 | | to be deposited as follows: 2/17 shall be deposited by the | 25 | | State Treasurer into the Violent Crime Victims Assistance | 26 | | Fund, 5.052/17 shall be deposited into the Traffic and |
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| 1 | | Criminal Conviction Surcharge Fund, 3/17 shall be | 2 | | deposited into the Drivers Education Fund, and 6.948/17 | 3 | | shall be deposited into the Trauma Center Fund; | 4 | | (3) 33.675% shall be disbursed to the county's general | 5 | | corporate fund; and | 6 | | (4) 10% shall be disbursed to the State Treasurer, to | 7 | | be deposited into the Hydrocodone Abuse Control Fund. | 8 | | (b) In addition to any other fines and court costs assessed | 9 | | by the courts,
any person convicted or receiving an order of | 10 | | supervision for driving under
the influence of alcohol or drugs | 11 | | shall pay an additional fee of $100 to the
clerk of the circuit | 12 | | court. This amount, less 2 1/2% that shall be used to
defray | 13 | | administrative costs incurred by the clerk, shall be remitted | 14 | | by the
clerk to the Treasurer within 60 days after receipt for | 15 | | deposit into the Trauma
Center Fund. This additional fee of | 16 | | $100 shall not be considered a part of the
fine for purposes of | 17 | | any reduction in the fine for time served either before or
| 18 | | after sentencing. Not later than March 1 of each year the | 19 | | Circuit Clerk shall
submit a report of the amount of funds | 20 | | remitted to the State Treasurer under
this subsection during | 21 | | the preceding calendar year.
| 22 | | (b-1) In addition to any other fines and court costs | 23 | | assessed by the courts,
any person convicted or receiving an | 24 | | order of supervision for driving under the
influence of alcohol | 25 | | or drugs shall pay an additional fee of $5 to the clerk
of the | 26 | | circuit court. This amount, less
2 1/2% that shall be used to |
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| 1 | | defray administrative costs incurred by the clerk,
shall be | 2 | | remitted by the clerk to the Treasurer within 60 days after | 3 | | receipt
for deposit into the Spinal Cord Injury Paralysis Cure | 4 | | Research Trust Fund.
This additional fee of $5 shall not
be | 5 | | considered a part of the fine for purposes of any reduction in | 6 | | the fine for
time served either before or after sentencing. Not | 7 | | later than March 1 of each
year the Circuit Clerk shall submit | 8 | | a report of the amount of funds remitted to
the State Treasurer | 9 | | under this subsection during the preceding calendar
year.
| 10 | | (c) In addition to any other fines and court costs assessed | 11 | | by the courts,
any person convicted for a violation of Sections | 12 | | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or the | 13 | | Criminal Code of 2012 or a person sentenced for a violation of | 14 | | the Cannabis
Control Act, the Illinois Controlled Substances | 15 | | Act, or the Methamphetamine Control and Community Protection | 16 | | Act
shall pay an additional fee of $100 to the clerk
of the | 17 | | circuit court. This amount, less
2 1/2% that shall be used to | 18 | | defray administrative costs incurred by the clerk,
shall be | 19 | | remitted by the clerk to the Treasurer within 60 days after | 20 | | receipt
for deposit into the Trauma Center Fund. This | 21 | | additional fee of $100 shall not
be considered a part of the | 22 | | fine for purposes of any reduction in the fine for
time served | 23 | | either before or after sentencing. Not later than March 1 of | 24 | | each
year the Circuit Clerk shall submit a report of the amount | 25 | | of funds remitted to
the State Treasurer under this subsection | 26 | | during the preceding calendar year.
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| 1 | | (c-1) In addition to any other fines and court costs | 2 | | assessed by the
courts, any person sentenced for a violation of | 3 | | the Cannabis Control Act,
the Illinois Controlled Substances | 4 | | Act, or the Methamphetamine Control and Community Protection | 5 | | Act shall pay an additional fee of $5 to the
clerk of the | 6 | | circuit court. This amount, less 2 1/2% that shall be used to
| 7 | | defray administrative costs incurred by the clerk, shall be | 8 | | remitted by the
clerk to the Treasurer within 60 days after | 9 | | receipt for deposit into the Spinal
Cord Injury Paralysis Cure | 10 | | Research Trust Fund. This additional fee of $5
shall not be | 11 | | considered a part of the fine for purposes of any reduction in | 12 | | the
fine for time served either before or after sentencing. Not | 13 | | later than March 1
of each year the Circuit Clerk shall submit | 14 | | a report of the amount of funds
remitted to the State Treasurer | 15 | | under this subsection during the preceding
calendar year.
| 16 | | (d) The following amounts must be remitted to the State | 17 | | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| 18 | | (1) 50% of the amounts collected for felony offenses | 19 | | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | 20 | | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | 21 | | Animals Act and Section 26-5 or 48-1 of the Criminal Code | 22 | | of
1961 or the Criminal Code of 2012;
| 23 | | (2) 20% of the amounts collected for Class A and Class | 24 | | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | 25 | | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | 26 | | for Animals Act and Section 26-5 or 48-1 of the Criminal
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| 1 | | Code of 1961 or the Criminal Code of 2012; and
| 2 | | (3) 50% of the amounts collected for Class C | 3 | | misdemeanors under Sections
4.01 and 7.1 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.
| 6 | | (e) Any person who receives a disposition of court | 7 | | supervision for a violation of the Illinois Vehicle Code or a | 8 | | similar provision of a local ordinance shall, in addition to | 9 | | any other fines, fees, and court costs, pay an additional fee | 10 | | of $29, to be disbursed as provided in Section 16-104c of the | 11 | | Illinois Vehicle Code. In addition to the fee of $29, the | 12 | | person shall also pay a fee of $6, if not waived by the court. | 13 | | If this $6 fee is collected, $5.50 of the fee shall be | 14 | | deposited into the Circuit Court Clerk Operation and | 15 | | Administrative Fund created by the Clerk of the Circuit Court | 16 | | and 50 cents of the fee shall be deposited into the Prisoner | 17 | | Review Board Vehicle and Equipment Fund in the State treasury.
| 18 | | (f) This Section does not apply to the additional child | 19 | | pornography fines assessed and collected under Section | 20 | | 5-9-1.14 of the Unified Code of Corrections.
| 21 | | (g) Any person convicted of or pleading guilty to a serious | 22 | | traffic violation, as defined in Section 1-187.001 of the | 23 | | Illinois Vehicle Code, shall pay an additional fee of $35, to | 24 | | be disbursed as provided in Section 16-104d of that Code. This | 25 | | subsection (g) becomes inoperative on January 1, 2020. | 26 | | (h) In all counties having a population of 3,000,000 or |
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| 1 | | more inhabitants, | 2 | | (1) A person who is found guilty of or pleads guilty to | 3 | | violating subsection (a) of Section 11-501 of the Illinois | 4 | | Vehicle Code, including any person placed on court | 5 | | supervision for violating subsection (a), shall be fined | 6 | | $750 as provided for by subsection (f) of Section 11-501.01 | 7 | | of the Illinois Vehicle Code, payable to the circuit clerk, | 8 | | who shall distribute the money pursuant to subsection (f) | 9 | | of Section 11-501.01 of the Illinois Vehicle Code. | 10 | | (2) When a crime laboratory DUI analysis fee of $150, | 11 | | provided for by Section 5-9-1.9 of the Unified Code of | 12 | | Corrections is assessed, it shall be disbursed by the | 13 | | circuit clerk as provided by subsection (f) of Section | 14 | | 5-9-1.9 of the Unified Code of Corrections. | 15 | | (3) When a fine for a violation of Section 11-605.1 of | 16 | | the Illinois Vehicle Code is $250 or greater, the person | 17 | | who violated that Section shall be charged an additional | 18 | | $125 as provided for by subsection (e) of Section 11-605.1 | 19 | | of the Illinois Vehicle Code, which shall be disbursed by | 20 | | the circuit clerk to a State or county Transportation | 21 | | Safety Highway Hire-back Fund as provided by subsection (e) | 22 | | of Section 11-605.1 of the Illinois Vehicle Code. | 23 | | (4) When a fine for a violation of subsection (a) of | 24 | | Section 11-605 of the Illinois Vehicle Code is $150 or | 25 | | greater, the additional $50 which is charged as provided | 26 | | for by subsection (f) of Section 11-605 of the Illinois |
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| 1 | | Vehicle Code shall be disbursed by the circuit clerk to a | 2 | | school district or districts for school safety purposes as | 3 | | provided by subsection (f) of Section 11-605. | 4 | | (5) When a fine for a violation of subsection (a) of | 5 | | Section 11-1002.5 of the Illinois Vehicle Code is $150 or | 6 | | greater, the additional $50 which is charged as provided | 7 | | for by subsection (c) of Section 11-1002.5 of the Illinois | 8 | | Vehicle Code shall be disbursed by the circuit clerk to a | 9 | | school district or districts for school safety purposes as | 10 | | provided by subsection (c) of Section 11-1002.5 of the | 11 | | Illinois Vehicle Code. | 12 | | (6) When a mandatory drug court fee of up to $5 is | 13 | | assessed as provided in subsection (f) of Section 5-1101 of | 14 | | the Counties Code, it shall be disbursed by the circuit | 15 | | clerk as provided in subsection (f) of Section 5-1101 of | 16 | | the Counties Code. | 17 | | (7) When a mandatory teen court, peer jury, youth | 18 | | court, or other youth diversion program fee is assessed as | 19 | | provided in subsection (e) of Section 5-1101 of the | 20 | | Counties Code, it shall be disbursed by the circuit clerk | 21 | | as provided in subsection (e) of Section 5-1101 of the | 22 | | Counties Code. | 23 | | (8) When a Children's Advocacy Center fee is assessed | 24 | | pursuant to subsection (f-5) of Section 5-1101 of the | 25 | | Counties Code, it shall be disbursed by the circuit clerk | 26 | | as provided in subsection (f-5) of Section 5-1101 of the |
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| 1 | | Counties Code. | 2 | | (9) When a victim impact panel fee is assessed pursuant | 3 | | to subsection (b) of Section 11-501.01 of the Vehicle Code, | 4 | | it shall be disbursed by the circuit clerk to the victim | 5 | | impact panel to be attended by the defendant. | 6 | | (10) When a new fee collected in traffic cases is | 7 | | enacted after the effective date of this subsection (h), it | 8 | | shall be excluded from the percentage disbursement | 9 | | provisions of this Section unless otherwise indicated by | 10 | | law. | 11 | | (i)
Of the amounts collected as fines under subsection (b) | 12 | | of Section 3-712 of the Illinois Vehicle Code, 99% shall be | 13 | | deposited into the Illinois Military Family Relief Fund and 1% | 14 | | shall be deposited into the Circuit Court Clerk Operation and | 15 | | Administrative Fund created by the Clerk of the Circuit Court | 16 | | to be used to offset the costs incurred by the Circuit Court | 17 | | Clerk in performing the additional duties required to collect | 18 | | and disburse funds to entities of State and local government as | 19 | | provided by law.
| 20 | | (j) (Blank). | 21 | | (k) For any conviction or disposition of court supervision | 22 | | for a violation of Section 11-1429 of the Illinois Vehicle | 23 | | Code, the circuit clerk shall distribute the fines paid by the | 24 | | person as specified by subsection (h) of Section 11-1429 of the | 25 | | Illinois Vehicle Code. | 26 | | (l) Any person who receives a disposition of court |
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| 1 | | supervision for a violation of Section 11-501 of the Illinois | 2 | | Vehicle Code or a similar provision of a local ordinance shall, | 3 | | in addition to any other fines, fees, and court costs, pay an | 4 | | additional fee of $50, which shall
be collected by the circuit | 5 | | clerk and then remitted to the State Treasurer for deposit into | 6 | | the Roadside Memorial Fund, a special fund in the State | 7 | | treasury. However, the court may waive the fee if full | 8 | | restitution is complied with. Subject to appropriation, all | 9 | | moneys in the Roadside Memorial Fund shall be used by the | 10 | | Department of Transportation to pay fees imposed under | 11 | | subsection (f) of Section 20 of the Roadside Memorial Act. The | 12 | | fee shall be remitted by the circuit clerk within one month | 13 | | after receipt to the State Treasurer for deposit into the | 14 | | Roadside Memorial Fund. | 15 | | (m) Of the amounts collected as fines under subsection (c) | 16 | | of Section 411.4 of the Illinois Controlled Substances Act or | 17 | | subsection (c) of Section 90 of the Methamphetamine Control and | 18 | | Community Protection Act, 99% shall be deposited to the law | 19 | | enforcement agency or fund specified and 1% shall be deposited | 20 | | into the Circuit Court Clerk Operation and Administrative Fund | 21 | | to be used to offset the costs incurred by the Circuit Court | 22 | | Clerk in performing the additional duties required to collect | 23 | | and disburse funds to entities of State and local government as | 24 | | provided by law. | 25 | | (n) In addition to any other fines and court costs assessed | 26 | | by the courts, any person who is convicted of or pleads guilty |
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| 1 | | to a violation of the Criminal Code of 1961 or the Criminal | 2 | | Code of 2012, or a similar provision of a local ordinance, or | 3 | | who is convicted of, pleads guilty to, or receives a | 4 | | disposition of court supervision for a violation of the | 5 | | Illinois Vehicle Code, or a similar provision of a local | 6 | | ordinance, shall pay an additional fee of $15 to the clerk of | 7 | | the circuit court. This additional fee of $15 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. | 10 | | This amount, less 2.5% that shall be used to defray | 11 | | administrative costs incurred by the clerk, shall be remitted | 12 | | by the clerk to the State Treasurer within 60 days after | 13 | | receipt for deposit into the State Police Merit Board Public | 14 | | Safety Fund. | 15 | | (o) The amounts collected as fines under Sections 10-9, | 16 | | 11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall | 17 | | be collected by the circuit clerk and distributed as provided | 18 | | under Section 5-9-1.21 of the Unified Code of Corrections in | 19 | | lieu of any disbursement under subsection (a) of this Section. | 20 | | (Source: P.A. 97-434, eff. 1-1-12; 97-1051, eff. 1-1-13; | 21 | | 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-658, eff. | 22 | | 6-23-14; 98-1013, eff. 1-1-15; revised 10-2-14.)
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law, except that the changes to Sections 9, 9.5, and | 25 | | 11 of the Pharmacy Practice Act take effect January 1, 2017.".
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