Illinois General Assembly - Full Text of HB3219
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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
3everything after the enacting clause with the following:
 
4    "Section 5. The State Finance Act is amended by adding
5Section 5.866 as follows:
 
6    (30 ILCS 105/5.866 new)
7    Sec. 5.866. The Hydrocodone Abuse Control Fund. This
8Section is repealed on January 1, 2017.
 
9    Section 10. The Pharmacy Practice Act is amended by
10changing Sections 9, 9.5, and 11 and by adding Section 16c as
11follows:
 
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13    (Section scheduled to be repealed on January 1, 2018)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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1shall be entitled to registration as a registered pharmacy
2technician who is of the age of 16 or over, has not engaged in
3conduct or behavior determined to be grounds for discipline
4under this Act, is attending or has graduated from an
5accredited high school or comparable school or educational
6institution or received a high school equivalency certificate,
7and has filed a written application for registration on a form
8to be prescribed and furnished by the Department for that
9purpose. The Department shall issue a certificate of
10registration as a registered pharmacy technician to any
11applicant who has qualified as aforesaid, and such registration
12shall be the sole authority required to assist licensed
13pharmacists in the practice of pharmacy, under the supervision
14of a licensed pharmacist. A registered pharmacy technician may,
15under the supervision of a pharmacist, assist in the practice
16of pharmacy and perform such functions as assisting in the
17dispensing process, offering counseling, receiving new verbal
18prescription orders, and having prescriber contact concerning
19prescription drug order clarification. A registered pharmacy
20technician may not engage in patient counseling, drug regimen
21review, or clinical conflict resolution.
22    Beginning on January 1, 2017 January 1, 2010, within 2
23years after initial registration as a registered pharmacy
24technician, the registrant must meet the requirements
25described in Section 9.5 of this Act and register as a
26registered certified pharmacy technician. If the registrant

 

 

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1has not yet attained the age of 18, then upon the next renewal
2as a registered pharmacy technician, the registrant must meet
3the requirements described in Section 9.5 of this Act and
4register as a registered certified pharmacy technician a
5pharmacy technician must become certified by successfully
6passing the Pharmacy Technician Certification Board (PTCB)
7examination or another Board-approved pharmacy technician
8examination and register as a certified pharmacy technician
9with the Department in order to continue to perform pharmacy
10technician's duties. This requirement does not apply to
11pharmacy technicians registered prior to January 1, 2008.
12    Any person registered as a pharmacy technician who is also
13enrolled in a first professional degree program in pharmacy in
14a school or college of pharmacy or a department of pharmacy of
15a university approved by the Department or has graduated from
16such a program within the last 18 months, shall be considered a
17"student pharmacist" and entitled to use the title "student
18pharmacist". A student pharmacist must meet all of the
19requirements for registration as a pharmacy technician set
20forth in this Section excluding the requirement of
21certification prior to the second registration renewal and pay
22the required pharmacy technician registration fees. A student
23pharmacist may, under the supervision of a pharmacist, assist
24in the practice of pharmacy and perform any and all functions
25delegated to him or her by the pharmacist.
26    Any person seeking licensure as a pharmacist who has

 

 

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1graduated from a pharmacy program outside the United States
2must register as a pharmacy technician and shall be considered
3a "student pharmacist" and be entitled to use the title
4"student pharmacist" while completing the 1,200 clinical hours
5of training approved by the Board of Pharmacy described and for
6no more than 18 months after completion of these hours. These
7individuals are not required to become registered certified
8pharmacy technicians while completing their Board approved
9clinical training, but must become licensed as a pharmacist or
10become a registered certified pharmacy technician before the
11second pharmacy technician registration renewal following
12completion of the Board approved clinical training.
13    The Department shall not renew the pharmacy technician
14license of any person who has been registered as a "student
15pharmacist" and has dropped out of or been expelled from an
16ACPE accredited college of pharmacy, who has failed to complete
17his or her 1,200 hours of Board approved clinical training
18within 24 months or who has failed the pharmacist licensure
19examination 3 times and shall require these individuals to meet
20the requirements of and become registered as a registered
21certified pharmacy technician.
22    The Department may take any action set forth in Section 30
23of this Act with regard to registrations pursuant to this
24Section.
25    Any person who is enrolled in a non-traditional Pharm.D.
26program at an ACPE accredited college of pharmacy and is a

 

 

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1licensed pharmacist under the laws of another United States
2jurisdiction shall be permitted to engage in the program of
3practice experience required in the academic program by virtue
4of such license. Such person shall be exempt from the
5requirement of registration as a registered pharmacy
6technician while engaged in the program of practice experience
7required in the academic program.
8    An applicant for registration as a pharmacy technician may
9assist a pharmacist in the practice of pharmacy for a period of
10up to 60 days prior to the issuance of a certificate of
11registration if the applicant has submitted the required fee
12and an application for registration to the Department. The
13applicant shall keep a copy of the submitted application on the
14premises where the applicant is assisting in the practice of
15pharmacy. The Department shall forward confirmation of receipt
16of the application with start and expiration dates of practice
17pending 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
22technician.
23    (a) An individual registered as a registered pharmacy
24technician under this Act may be registered as a registered
25certified pharmacy technician, if he or she meets all of the

 

 

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1following 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,
22suspended, or restricted for disciplinary purposes may be
23eligible to be registered as a certified pharmacy technician.
24    (c) The Department may, by rule, establish any additional
25requirements for certification under this Section.
26    (d) A person who is not a registered pharmacy technician

 

 

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1and meets the requirements of this Section may register as a
2registered certified pharmacy technician without first
3registering as a pharmacy technician.
4    (e) As a condition for the renewal of a certificate of
5registration as a registered certified pharmacy technician,
6the registrant shall provide evidence to the Department of
7completion of a total of 20 hours of continuing pharmacy
8education during the 24 months preceding the expiration date of
9the certificate. One hour of continuing pharmacy education must
10be in the subject of pharmacy law. One hour of continuing
11pharmacy education must be in the subject of patient safety.
12The continuing education shall be approved by the Accreditation
13Council on Pharmacy Education.
14    The Department shall establish by rule a means for the
15verification of completion of the continuing education
16required by this subsection (e). This verification may be
17accomplished through audits of records maintained by
18registrants, by requiring the filing of continuing education
19certificates with the Department or a qualified organization
20selected by the Department to maintain such records, or by
21other means established by the Department.
22    Rules developed under this subsection (e) may provide for a
23reasonable annual fee, not to exceed $20, to fund the cost of
24such recordkeeping. The Department shall, by rule, further
25provide an orderly process for the reinstatement of a
26registration that has not been renewed due to the failure to

 

 

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1meet the continuing pharmacy education requirements of this
2subsection (e). The Department may waive the requirements of
3continuing pharmacy education, in whole or in part, in cases of
4extreme hardship as defined by rule of the Department. The
5waivers shall be granted for not more than one of any 3
6consecutive 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
11exercise the powers and duties prescribed by the Civil
12Administrative Code of Illinois for the administration of
13Licensing Acts and shall exercise such other powers and duties
14necessary for effectuating the purpose of this Act. However,
15the following powers and duties shall be exercised only upon
16review of the Board of Pharmacy to take such action:
17    (a) Formulate such rules, not inconsistent with law and
18subject to the Illinois Administrative Procedure Act, as may be
19necessary to carry out the purposes and enforce the provisions
20of this Act. The Director may grant variances from any such
21rules as provided for in this Section;
22    (b) The suspension, revocation, placing on probationary
23status, reprimand, and refusing to issue or restore any license
24or certificate of registration issued under the provisions of
25this 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
2license or certificate which has been previously refused to be
3issued or renewed, or has been revoked, suspended or placed on
4probationary status.
5    The granting of variances from rules promulgated pursuant
6to this Section in individual cases where there is a finding
7that:
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
16the granting of such variance and the reasons therefor, at the
17next meeting of the Board.
18    (d) The Secretary shall appoint a chief pharmacy
19coordinator and at least 2 deputy pharmacy coordinators, all of
20whom shall be registered pharmacists in good standing in this
21State, shall be graduates of an accredited college of pharmacy
22or hold, at a minimum, a bachelor of science degree in
23pharmacy, and shall have at least 5 years of experience in the
24practice of pharmacy immediately prior to his or her
25appointment. The chief pharmacy coordinator shall be the
26executive administrator and the chief enforcement officer of

 

 

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1this Act. The deputy pharmacy coordinators shall report to the
2chief pharmacy coordinator. The Secretary shall assign at least
3one deputy pharmacy coordinator to a region composed of Cook
4County and such other counties as the Secretary may deem
5appropriate, and such deputy pharmacy coordinator shall have
6his or her primary office in Chicago. The Secretary shall
7assign at least one deputy pharmacy coordinator to a region
8composed of the balance of counties in the State, and such
9deputy pharmacy coordinator shall have his or her primary
10office in Springfield.
11    (e) The Secretary shall, in conformity with the Personnel
12Code, employ not less than 4 pharmacy investigators who shall
13report to the pharmacy coordinator or a deputy pharmacy
14coordinator. Each pharmacy investigator shall be a graduate of
15a 4-year college or university and shall (i) have at least 2
16years of investigative experience; (ii) have 2 years of
17responsible pharmacy experience; or (iii) be a licensed
18pharmacist unless employed as a pharmacy investigator on or
19before the effective date of this amendatory Act of the 99th
20General Assembly. The Department shall also employ at least one
21attorney to prosecute violations of this Act and its rules. The
22Department may, in conformity with the Personnel Code, employ
23such clerical and other employees as are necessary to carry out
24the duties of the Board and Department.
25    The duly authorized pharmacy investigators of the
26Department shall have the right to enter and inspect, during

 

 

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1business hours, any pharmacy or any other place in this State
2holding itself out to be a pharmacy where medicines, drugs or
3drug products, or proprietary medicines are sold, offered for
4sale, 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
10combination locking closure mechanism that can only be unlocked
11with a user-generated, resettable alphanumeric code in
12combination with an amber prescription container that forms a
13package that allows only the person with a prescription access
14to the medicine.
15    "Schedule II controlled substance" means a Schedule II
16controlled substance under the United States Controlled
17Substances Act and 21 CFR 1308.
18    (b) Effective January 1, 2016, the Department shall
19implement a pilot project requiring that every new or refilled
20prescription for a Schedule II controlled substance containing
21hydrocodone shall only be dispensed in a non-reusable medicine
22locking closure package.
23    (c) The medicine locking closure package must be dispensed
24by the pharmacy with instructions for patient use.
25    (d) The manufacturer of the medicine locking closure

 

 

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1package must make available assistance online or through a
2toll-free number for patient use.
3    (e) Prescriptions reimbursed via the Medicare Part D and
4Medicaid programs, including Medicaid managed care plans, are
5exempt from the provisions of this Section.
6    (f) Prescriptions for individuals residing in facilities
7licensed under the Nursing Home Care Act are exempt from the
8provisions of this Section.
9    (g) The Hydrocodone Abuse Control Fund is created as a
10special fund in the State treasury. Moneys in the Hydrocodone
11Abuse Control Fund shall be used by the Department to fund a
12rebate program to reimburse pharmacies for implementation of
13the 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
16Sections 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
19penalties, bail balances assessed or forfeited, and any other
20amount paid by a person to the circuit clerk that equals an
21amount less than $55, except restitution under Section 5-5-6 of
22the Unified Code of Corrections, reimbursement for the costs of
23an emergency response as provided under Section 11-501 of the
24Illinois Vehicle Code, any fees collected for attending a

 

 

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1traffic safety program under paragraph (c) of Supreme Court
2Rule 529, any fee collected on behalf of a State's Attorney
3under Section 4-2002 of the Counties Code or a sheriff under
4Section 4-5001 of the Counties Code, or any cost imposed under
5Section 124A-5 of the Code of Criminal Procedure of 1963, for
6convictions, orders of supervision, or any other disposition
7for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois
8Vehicle Code, or a similar provision of a local ordinance, and
9any violation of the Child Passenger Protection Act, or a
10similar provision of a local ordinance, and except as otherwise
11provided in this Section, shall be disbursed within 60 days
12after receipt by the circuit clerk as follows, except as
13provided in subsection (a-5): 47% shall be disbursed to the
14entity authorized by law to receive the fine imposed in the
15case; 12% shall be disbursed to the State Treasurer; and 41%
16shall be disbursed to the county's general corporate fund. Of
17the 12% disbursed to the State Treasurer, 1/6 shall be
18deposited by the State Treasurer into the Violent Crime Victims
19Assistance Fund, 1/2 shall be deposited into the Traffic and
20Criminal Conviction Surcharge Fund, and 1/3 shall be deposited
21into the Drivers Education Fund. For fiscal years 1992 and
221993, amounts deposited into the Violent Crime Victims
23Assistance Fund, the Traffic and Criminal Conviction Surcharge
24Fund, or the Drivers Education Fund shall not exceed 110% of
25the amounts deposited into those funds in fiscal year 1991. Any
26amount that exceeds the 110% limit shall be distributed as

 

 

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1follows: 50% shall be disbursed to the county's general
2corporate fund and 50% shall be disbursed to the entity
3authorized by law to receive the fine imposed in the case. Not
4later than March 1 of each year the circuit clerk shall submit
5a report of the amount of funds remitted to the State Treasurer
6under this Section during the preceding year based upon
7independent verification of fines and fees. All counties shall
8be subject to this Section, except that counties with a
9population under 2,000,000 may, by ordinance, elect not to be
10subject to this Section. For offenses subject to this Section,
11judges shall impose one total sum of money payable for
12violations. The circuit clerk may add on no additional amounts
13except for amounts that are required by Sections 27.3a and
1427.3c of this Act, Section 16-104c of the Illinois Vehicle
15Code, and subsection (a) of Section 5-1101 of the Counties
16Code, unless those amounts are specifically waived by the
17judge. With respect to money collected by the circuit clerk as
18a result of forfeiture of bail, ex parte judgment or guilty
19plea pursuant to Supreme Court Rule 529, the circuit clerk
20shall first deduct and pay amounts required by Sections 27.3a
21and 27.3c of this Act. Unless a court ordered payment schedule
22is implemented or fee requirements are waived pursuant to a
23court order, the circuit clerk may add to any unpaid fees and
24costs a delinquency amount equal to 5% of the unpaid fees that
25remain unpaid after 30 days, 10% of the unpaid fees that remain
26unpaid after 60 days, and 15% of the unpaid fees that remain

 

 

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1unpaid after 90 days. Notice to those parties may be made by
2signage posting or publication. The additional delinquency
3amounts collected under this Section shall be deposited in the
4Circuit Court Clerk Operation and Administrative Fund to be
5used to defray administrative costs incurred by the circuit
6clerk in performing the duties required to collect and disburse
7funds. This Section is a denial and limitation of home rule
8powers and functions under subsection (h) of Section 6 of
9Article VII of the Illinois Constitution.
10    (a-5) On and after the effective date of this amendatory
11Act of the 99th General Assembly and until January 1, 2017,
12notwithstanding the provisions of subsection (a), for
13violations of paragraphs (4), (5), and (6) of subsection (a) of
14Section 11-501 of the Illinois Vehicle Code, all fees, fines,
15costs, additional penalties, bail balances assessed or
16forfeited, and any other amount paid by a person to the circuit
17clerk under subsection (a), shall be disbursed within 60 days
18after 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
6Treasurer 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
22supervision for a violation of the Illinois Vehicle Code or a
23similar provision of a local ordinance shall, in addition to
24any other fines, fees, and court costs, pay an additional fee
25of $29, to be disbursed as provided in Section 16-104c of the
26Illinois Vehicle Code. In addition to the fee of $29, the

 

 

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1person shall also pay a fee of $6, if not waived by the court.
2If this $6 fee is collected, $5.50 of the fee shall be
3deposited into the Circuit Court Clerk Operation and
4Administrative Fund created by the Clerk of the Circuit Court
5and 50 cents of the fee shall be deposited into the Prisoner
6Review Board Vehicle and Equipment Fund in the State treasury.
7    (d) Any person convicted of, pleading guilty to, or placed
8on supervision for a serious traffic violation, as defined in
9Section 1-187.001 of the Illinois Vehicle Code, a violation of
10Section 11-501 of the Illinois Vehicle Code, or a violation of
11a similar provision of a local ordinance shall pay an
12additional fee of $35, to be disbursed as provided in Section
1316-104d 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
16more 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
19supervision for a violation of Section 11-501 of the Illinois
20Vehicle Code shall, in addition to any other fines, fees, and
21court costs, pay an additional fee of $50, which shall be
22collected by the circuit clerk and then remitted to the State
23Treasurer for deposit into the Roadside Memorial Fund, a
24special fund in the State treasury. However, the court may
25waive the fee if full restitution is complied with. Subject to
26appropriation, all moneys in the Roadside Memorial Fund shall

 

 

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1be used by the Department of Transportation to pay fees imposed
2under subsection (f) of Section 20 of the Roadside Memorial
3Act. The fee shall be remitted by the circuit clerk within one
4month after receipt to the State Treasurer for deposit into the
5Roadside Memorial Fund.
6    (g) For any conviction or disposition of court supervision
7for a violation of Section 11-1429 of the Illinois Vehicle
8Code, the circuit clerk shall distribute the fines paid by the
9person as specified by subsection (h) of Section 11-1429 of the
10Illinois Vehicle Code.
11(Source: P.A. 97-333, eff. 8-12-11; 97-1108, eff. 1-1-13;
1297-1150, 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,
1596-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150,
1698-658, and 98-1013)
17    Sec. 27.6. (a) All fees, fines, costs, additional
18penalties, bail balances assessed or forfeited, and any other
19amount paid by a person to the circuit clerk equalling an
20amount of $55 or more, except the fine imposed by Section
215-9-1.15 of the Unified Code of Corrections, the additional fee
22required by subsections (b) and (c), restitution under Section
235-5-6 of the Unified Code of Corrections, contributions to a
24local anti-crime program ordered pursuant to Section
255-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of

 

 

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1Corrections, reimbursement for the costs of an emergency
2response as provided under Section 11-501 of the Illinois
3Vehicle Code, any fees collected for attending a traffic safety
4program under paragraph (c) of Supreme Court Rule 529, any fee
5collected on behalf of a State's Attorney under Section 4-2002
6of the Counties Code or a sheriff under Section 4-5001 of the
7Counties Code, or any cost imposed under Section 124A-5 of the
8Code of Criminal Procedure of 1963, for convictions, orders of
9supervision, or any other disposition for a violation of
10Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
11similar provision of a local ordinance, and any violation of
12the Child Passenger Protection Act, or a similar provision of a
13local ordinance, and except as otherwise provided in this
14Section shall be disbursed within 60 days after receipt by the
15circuit clerk as follows, except as provided in subsection
16(a-5): 44.5% shall be disbursed to the entity authorized by law
17to receive the fine imposed in the case; 16.825% shall be
18disbursed to the State Treasurer; and 38.675% shall be
19disbursed to the county's general corporate fund. Of the
2016.825% disbursed to the State Treasurer, 2/17 shall be
21deposited by the State Treasurer into the Violent Crime Victims
22Assistance Fund, 5.052/17 shall be deposited into the Traffic
23and Criminal Conviction Surcharge Fund, 3/17 shall be deposited
24into the Drivers Education Fund, and 6.948/17 shall be
25deposited into the Trauma Center Fund. Of the 6.948/17
26deposited into the Trauma Center Fund from the 16.825%

 

 

09900HB3219ham002- 22 -LRB099 05820 MLM 34487 a

1disbursed to the State Treasurer, 50% shall be disbursed to the
2Department of Public Health and 50% shall be disbursed to the
3Department of Healthcare and Family Services. For fiscal year
41993, amounts deposited into the Violent Crime Victims
5Assistance Fund, the Traffic and Criminal Conviction Surcharge
6Fund, or the Drivers Education Fund shall not exceed 110% of
7the amounts deposited into those funds in fiscal year 1991. Any
8amount that exceeds the 110% limit shall be distributed as
9follows: 50% shall be disbursed to the county's general
10corporate fund and 50% shall be disbursed to the entity
11authorized by law to receive the fine imposed in the case. Not
12later than March 1 of each year the circuit clerk shall submit
13a report of the amount of funds remitted to the State Treasurer
14under this Section during the preceding year based upon
15independent verification of fines and fees. All counties shall
16be subject to this Section, except that counties with a
17population under 2,000,000 may, by ordinance, elect not to be
18subject to this Section. For offenses subject to this Section,
19judges shall impose one total sum of money payable for
20violations. The circuit clerk may add on no additional amounts
21except for amounts that are required by Sections 27.3a and
2227.3c of this Act, unless those amounts are specifically waived
23by the judge. With respect to money collected by the circuit
24clerk as a result of forfeiture of bail, ex parte judgment or
25guilty plea pursuant to Supreme Court Rule 529, the circuit
26clerk shall first deduct and pay amounts required by Sections

 

 

09900HB3219ham002- 23 -LRB099 05820 MLM 34487 a

127.3a and 27.3c of this Act. This Section is a denial and
2limitation 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
5Act of the 99th General Assembly and until January 1, 2017,
6notwithstanding the provisions of subsection (a), for
7violations of paragraphs (4), (5), and (6) of subsection (a) of
8Section 11-501 of the Illinois Vehicle Code, all fees, fines,
9costs, additional penalties, bail balances assessed or
10forfeited, and any other amount paid by a person to the circuit
11clerk under subsection (a), shall be disbursed within 60 days
12after 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

 

 

09900HB3219ham002- 24 -LRB099 05820 MLM 34487 a

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

 

 

09900HB3219ham002- 25 -LRB099 05820 MLM 34487 a

1under this subsection during the preceding calendar year.
2    (c) In addition to any other fines and court costs assessed
3by the courts, any person convicted for a violation of Sections
424-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or the
5Criminal Code of 2012 or a person sentenced for a violation of
6the Cannabis Control Act, the Illinois Controlled Substances
7Act, or the Methamphetamine Control and Community Protection
8Act shall pay an additional fee of $100 to the clerk of the
9circuit court. This amount, less 2 1/2% that shall be used to
10defray administrative costs incurred by the clerk, shall be
11remitted by the clerk to the Treasurer within 60 days after
12receipt for deposit into the Trauma Center Fund. This
13additional fee of $100 shall not be considered a part of the
14fine for purposes of any reduction in the fine for time served
15either before or after sentencing. Not later than March 1 of
16each year the Circuit Clerk shall submit a report of the amount
17of funds remitted to the State Treasurer under this subsection
18during the preceding calendar year.
19    (c-1) In addition to any other fines and court costs
20assessed by the courts, any person sentenced for a violation of
21the Cannabis Control Act, the Illinois Controlled Substances
22Act, or the Methamphetamine Control and Community Protection
23Act shall pay an additional fee of $5 to the clerk of the
24circuit court. This amount, less 2 1/2% that shall be used to
25defray administrative costs incurred by the clerk, shall be
26remitted by the clerk to the Treasurer within 60 days after

 

 

09900HB3219ham002- 26 -LRB099 05820 MLM 34487 a

1receipt for deposit into the Spinal Cord Injury Paralysis Cure
2Research Trust Fund. This additional fee of $5 shall not be
3considered a part of the fine for purposes of any reduction in
4the fine for time served either before or after sentencing. Not
5later than March 1 of each year the Circuit Clerk shall submit
6a report of the amount of funds remitted to the State Treasurer
7under this subsection during the preceding calendar year.
8    (d) The following amounts must be remitted to the State
9Treasurer 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
25supervision for a violation of the Illinois Vehicle Code or a
26similar provision of a local ordinance shall, in addition to

 

 

09900HB3219ham002- 27 -LRB099 05820 MLM 34487 a

1any other fines, fees, and court costs, pay an additional fee
2of $29, to be disbursed as provided in Section 16-104c of the
3Illinois Vehicle Code. In addition to the fee of $29, the
4person shall also pay a fee of $6, if not waived by the court.
5If this $6 fee is collected, $5.50 of the fee shall be
6deposited into the Circuit Court Clerk Operation and
7Administrative Fund created by the Clerk of the Circuit Court
8and 50 cents of the fee shall be deposited into the Prisoner
9Review Board Vehicle and Equipment Fund in the State treasury.
10    (f) This Section does not apply to the additional child
11pornography fines assessed and collected under Section
125-9-1.14 of the Unified Code of Corrections.
13    (g) (Blank).
14    (h) (Blank).
15    (i) Of the amounts collected as fines under subsection (b)
16of Section 3-712 of the Illinois Vehicle Code, 99% shall be
17deposited into the Illinois Military Family Relief Fund and 1%
18shall be deposited into the Circuit Court Clerk Operation and
19Administrative Fund created by the Clerk of the Circuit Court
20to be used to offset the costs incurred by the Circuit Court
21Clerk in performing the additional duties required to collect
22and disburse funds to entities of State and local government as
23provided by law.
24    (j) Any person convicted of, pleading guilty to, or placed
25on supervision for a serious traffic violation, as defined in
26Section 1-187.001 of the Illinois Vehicle Code, a violation of

 

 

09900HB3219ham002- 28 -LRB099 05820 MLM 34487 a

1Section 11-501 of the Illinois Vehicle Code, or a violation of
2a similar provision of a local ordinance shall pay an
3additional fee of $35, to be disbursed as provided in Section
416-104d of that Code.
5    This subsection (j) becomes inoperative on January 1, 2020.
6    (k) For any conviction or disposition of court supervision
7for a violation of Section 11-1429 of the Illinois Vehicle
8Code, the circuit clerk shall distribute the fines paid by the
9person as specified by subsection (h) of Section 11-1429 of the
10Illinois Vehicle Code.
11    (l) Any person who receives a disposition of court
12supervision for a violation of Section 11-501 of the Illinois
13Vehicle Code or a similar provision of a local ordinance shall,
14in addition to any other fines, fees, and court costs, pay an
15additional fee of $50, which shall be collected by the circuit
16clerk and then remitted to the State Treasurer for deposit into
17the Roadside Memorial Fund, a special fund in the State
18treasury. However, the court may waive the fee if full
19restitution is complied with. Subject to appropriation, all
20moneys in the Roadside Memorial Fund shall be used by the
21Department of Transportation to pay fees imposed under
22subsection (f) of Section 20 of the Roadside Memorial Act. The
23fee shall be remitted by the circuit clerk within one month
24after receipt to the State Treasurer for deposit into the
25Roadside Memorial Fund.
26    (m) Of the amounts collected as fines under subsection (c)

 

 

09900HB3219ham002- 29 -LRB099 05820 MLM 34487 a

1of Section 411.4 of the Illinois Controlled Substances Act or
2subsection (c) of Section 90 of the Methamphetamine Control and
3Community Protection Act, 99% shall be deposited to the law
4enforcement agency or fund specified and 1% shall be deposited
5into the Circuit Court Clerk Operation and Administrative Fund
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    (n) In addition to any other fines and court costs assessed
11by the courts, any person who is convicted of or pleads guilty
12to a violation of the Criminal Code of 1961 or the Criminal
13Code of 2012, or a similar provision of a local ordinance, or
14who is convicted of, pleads guilty to, or receives a
15disposition of court supervision for a violation of the
16Illinois Vehicle Code, or a similar provision of a local
17ordinance, shall pay an additional fee of $15 to the clerk of
18the circuit court. This additional fee of $15 shall not be
19considered a part of the fine for purposes of any reduction in
20the fine for time served either before or after sentencing.
21This amount, less 2.5% that shall be used to defray
22administrative costs incurred by the clerk, shall be remitted
23by the clerk to the State Treasurer within 60 days after
24receipt for deposit into the State Police Merit Board Public
25Safety Fund.
26    (o) The amounts collected as fines under Sections 10-9,

 

 

09900HB3219ham002- 30 -LRB099 05820 MLM 34487 a

111-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall
2be collected by the circuit clerk and distributed as provided
3under Section 5-9-1.21 of the Unified Code of Corrections in
4lieu 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;
697-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-658, eff.
76-23-14; 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,
996-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150,
1098-658, and 98-1013)
11    Sec. 27.6. (a) All fees, fines, costs, additional
12penalties, bail balances assessed or forfeited, and any other
13amount paid by a person to the circuit clerk equalling an
14amount of $55 or more, except the fine imposed by Section
155-9-1.15 of the Unified Code of Corrections, the additional fee
16required by subsections (b) and (c), restitution under Section
175-5-6 of the Unified Code of Corrections, contributions to a
18local anti-crime program ordered pursuant to Section
195-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
20Corrections, reimbursement for the costs of an emergency
21response as provided under Section 11-501 of the Illinois
22Vehicle Code, any fees collected for attending a traffic safety
23program under paragraph (c) of Supreme Court Rule 529, any fee
24collected on behalf of a State's Attorney under Section 4-2002
25of the Counties Code or a sheriff under Section 4-5001 of the

 

 

09900HB3219ham002- 31 -LRB099 05820 MLM 34487 a

1Counties Code, or any cost imposed under Section 124A-5 of the
2Code of Criminal Procedure of 1963, for convictions, orders of
3supervision, or any other disposition for a violation of
4Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
5similar provision of a local ordinance, and any violation of
6the Child Passenger Protection Act, or a similar provision of a
7local ordinance, and except as otherwise provided in this
8Section shall be disbursed within 60 days after receipt by the
9circuit clerk as follows, except as provided in subsection
10(a-5): 44.5% shall be disbursed to the entity authorized by law
11to receive the fine imposed in the case; 16.825% shall be
12disbursed to the State Treasurer; and 38.675% shall be
13disbursed to the county's general corporate fund. Of the
1416.825% disbursed to the State Treasurer, 2/17 shall be
15deposited by the State Treasurer into the Violent Crime Victims
16Assistance Fund, 5.052/17 shall be deposited into the Traffic
17and Criminal Conviction Surcharge Fund, 3/17 shall be deposited
18into the Drivers Education Fund, and 6.948/17 shall be
19deposited into the Trauma Center Fund. Of the 6.948/17
20deposited into the Trauma Center Fund from the 16.825%
21disbursed to the State Treasurer, 50% shall be disbursed to the
22Department of Public Health and 50% shall be disbursed to the
23Department of Healthcare and Family Services. For fiscal year
241993, amounts deposited into the Violent Crime Victims
25Assistance Fund, the Traffic and Criminal Conviction Surcharge
26Fund, or the Drivers Education Fund shall not exceed 110% of

 

 

09900HB3219ham002- 32 -LRB099 05820 MLM 34487 a

1the amounts deposited into those funds in fiscal year 1991. Any
2amount that exceeds the 110% limit shall be distributed as
3follows: 50% shall be disbursed to the county's general
4corporate fund and 50% shall be disbursed to the entity
5authorized by law to receive the fine imposed in the case. 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 Section during the preceding year based upon
9independent verification of fines and fees. All counties shall
10be subject to this Section, except that counties with a
11population under 2,000,000 may, by ordinance, elect not to be
12subject to this Section. For offenses subject to this Section,
13judges shall impose one total sum of money payable for
14violations. The circuit clerk may add on no additional amounts
15except for amounts that are required by Sections 27.3a and
1627.3c of this Act, Section 16-104c of the Illinois Vehicle
17Code, and subsection (a) of Section 5-1101 of the Counties
18Code, unless those amounts are specifically waived by the
19judge. With respect to money collected by the circuit clerk as
20a result of forfeiture of bail, ex parte judgment or guilty
21plea pursuant to Supreme Court Rule 529, the circuit clerk
22shall first deduct and pay amounts required by Sections 27.3a
23and 27.3c of this Act. Unless a court ordered payment schedule
24is implemented or fee requirements are waived pursuant to court
25order, the clerk of the court may add to any unpaid fees and
26costs a delinquency amount equal to 5% of the unpaid fees that

 

 

09900HB3219ham002- 33 -LRB099 05820 MLM 34487 a

1remain unpaid after 30 days, 10% of the unpaid fees that remain
2unpaid after 60 days, and 15% of the unpaid fees that remain
3unpaid after 90 days. Notice to those parties may be made by
4signage posting or publication. The additional delinquency
5amounts collected under this Section shall be deposited in the
6Circuit Court Clerk Operation and Administrative Fund to be
7used to defray administrative costs incurred by the circuit
8clerk in performing the duties required to collect and disburse
9funds. This Section is a denial and limitation of home rule
10powers and functions under subsection (h) of Section 6 of
11Article VII of the Illinois Constitution.
12    (a-5) On and after the effective date of this amendatory
13Act of the 99th General Assembly and until January 1, 2017,
14notwithstanding the provisions of subsection (a), for
15violations of paragraphs (4), (5), and (6) of subsection (a) of
16Section 11-501 of the Illinois Vehicle Code, all fees, fines,
17costs, additional penalties, bail balances assessed or
18forfeited, and any other amount paid by a person to the circuit
19clerk under subsection (a), shall be disbursed within 60 days
20after 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

 

 

09900HB3219ham002- 34 -LRB099 05820 MLM 34487 a

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

 

 

09900HB3219ham002- 35 -LRB099 05820 MLM 34487 a

1defray administrative costs incurred by the clerk, shall be
2remitted by the clerk to the Treasurer within 60 days after
3receipt for deposit into the Spinal Cord Injury Paralysis Cure
4Research Trust Fund. This additional fee of $5 shall not be
5considered a part of the fine for purposes of any reduction in
6the fine for time served either before or after sentencing. Not
7later than March 1 of each year the Circuit Clerk shall submit
8a report of the amount of funds remitted to the State Treasurer
9under this subsection during the preceding calendar year.
10    (c) In addition to any other fines and court costs assessed
11by the courts, any person convicted for a violation of Sections
1224-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or the
13Criminal Code of 2012 or a person sentenced for a violation of
14the Cannabis Control Act, the Illinois Controlled Substances
15Act, or the Methamphetamine Control and Community Protection
16Act shall pay an additional fee of $100 to the clerk of the
17circuit court. This amount, less 2 1/2% that shall be used to
18defray administrative costs incurred by the clerk, shall be
19remitted by the clerk to the Treasurer within 60 days after
20receipt for deposit into the Trauma Center Fund. This
21additional fee of $100 shall not be considered a part of the
22fine for purposes of any reduction in the fine for time served
23either before or after sentencing. Not later than March 1 of
24each year the Circuit Clerk shall submit a report of the amount
25of funds remitted to the State Treasurer under this subsection
26during the preceding calendar year.

 

 

09900HB3219ham002- 36 -LRB099 05820 MLM 34487 a

1    (c-1) In addition to any other fines and court costs
2assessed by the courts, any person sentenced for a violation of
3the Cannabis Control Act, the Illinois Controlled Substances
4Act, or the Methamphetamine Control and Community Protection
5Act shall pay an additional fee of $5 to the clerk of the
6circuit court. This amount, less 2 1/2% that shall be used to
7defray administrative costs incurred by the clerk, shall be
8remitted by the clerk to the Treasurer within 60 days after
9receipt for deposit into the Spinal Cord Injury Paralysis Cure
10Research Trust Fund. This additional fee of $5 shall not be
11considered a part of the fine for purposes of any reduction in
12the fine for time served either before or after sentencing. Not
13later than March 1 of each year the Circuit Clerk shall submit
14a report of the amount of funds remitted to the State Treasurer
15under this subsection during the preceding calendar year.
16    (d) The following amounts must be remitted to the State
17Treasurer 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

 

 

09900HB3219ham002- 37 -LRB099 05820 MLM 34487 a

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
7supervision for a violation of the Illinois Vehicle Code or a
8similar provision of a local ordinance shall, in addition to
9any other fines, fees, and court costs, pay an additional fee
10of $29, to be disbursed as provided in Section 16-104c of the
11Illinois Vehicle Code. In addition to the fee of $29, the
12person shall also pay a fee of $6, if not waived by the court.
13If this $6 fee is collected, $5.50 of the fee shall be
14deposited into the Circuit Court Clerk Operation and
15Administrative Fund created by the Clerk of the Circuit Court
16and 50 cents of the fee shall be deposited into the Prisoner
17Review Board Vehicle and Equipment Fund in the State treasury.
18    (f) This Section does not apply to the additional child
19pornography fines assessed and collected under Section
205-9-1.14 of the Unified Code of Corrections.
21    (g) Any person convicted of or pleading guilty to a serious
22traffic violation, as defined in Section 1-187.001 of the
23Illinois Vehicle Code, shall pay an additional fee of $35, to
24be disbursed as provided in Section 16-104d of that Code. This
25subsection (g) becomes inoperative on January 1, 2020.
26    (h) In all counties having a population of 3,000,000 or

 

 

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1more 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)
12of Section 3-712 of the Illinois Vehicle Code, 99% shall be
13deposited into the Illinois Military Family Relief Fund and 1%
14shall be deposited into the Circuit Court Clerk Operation and
15Administrative Fund created by the Clerk of the Circuit Court
16to be used to offset the costs incurred by the Circuit Court
17Clerk in performing the additional duties required to collect
18and disburse funds to entities of State and local government as
19provided by law.
20    (j) (Blank).
21    (k) For any conviction or disposition of court supervision
22for a violation of Section 11-1429 of the Illinois Vehicle
23Code, the circuit clerk shall distribute the fines paid by the
24person as specified by subsection (h) of Section 11-1429 of the
25Illinois Vehicle Code.
26    (l) Any person who receives a disposition of court

 

 

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1supervision for a violation of Section 11-501 of the Illinois
2Vehicle Code or a similar provision of a local ordinance shall,
3in addition to any other fines, fees, and court costs, pay an
4additional fee of $50, which shall be collected by the circuit
5clerk and then remitted to the State Treasurer for deposit into
6the Roadside Memorial Fund, a special fund in the State
7treasury. However, the court may waive the fee if full
8restitution is complied with. Subject to appropriation, all
9moneys in the Roadside Memorial Fund shall be used by the
10Department of Transportation to pay fees imposed under
11subsection (f) of Section 20 of the Roadside Memorial Act. The
12fee shall be remitted by the circuit clerk within one month
13after receipt to the State Treasurer for deposit into the
14Roadside Memorial Fund.
15    (m) Of the amounts collected as fines under subsection (c)
16of Section 411.4 of the Illinois Controlled Substances Act or
17subsection (c) of Section 90 of the Methamphetamine Control and
18Community Protection Act, 99% shall be deposited to the law
19enforcement agency or fund specified and 1% shall be deposited
20into the Circuit Court Clerk Operation and Administrative Fund
21to be used to offset the costs incurred by the Circuit Court
22Clerk in performing the additional duties required to collect
23and disburse funds to entities of State and local government as
24provided by law.
25    (n) In addition to any other fines and court costs assessed
26by the courts, any person who is convicted of or pleads guilty

 

 

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1to a violation of the Criminal Code of 1961 or the Criminal
2Code of 2012, or a similar provision of a local ordinance, or
3who is convicted of, pleads guilty to, or receives a
4disposition of court supervision for a violation of the
5Illinois Vehicle Code, or a similar provision of a local
6ordinance, shall pay an additional fee of $15 to the clerk of
7the circuit court. This additional fee of $15 shall not be
8considered a part of the fine for purposes of any reduction in
9the fine for time served either before or after sentencing.
10This amount, less 2.5% that shall be used to defray
11administrative costs incurred by the clerk, shall be remitted
12by the clerk to the State Treasurer within 60 days after
13receipt for deposit into the State Police Merit Board Public
14Safety Fund.
15    (o) The amounts collected as fines under Sections 10-9,
1611-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall
17be collected by the circuit clerk and distributed as provided
18under Section 5-9-1.21 of the Unified Code of Corrections in
19lieu 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;
2197-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-658, eff.
226-23-14; 98-1013, eff. 1-1-15; revised 10-2-14.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law, except that the changes to Sections 9, 9.5, and
2511 of the Pharmacy Practice Act take effect January 1, 2017.".