Full Text of HB4006 99th General Assembly
HB4006eng 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning burn victims.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the Burn | 5 | | Victims Relief Act , which may be referred to as the George | 6 | | Bailey Memorial Law. | 7 | | Section 5. The George Bailey Memorial Program. | 8 | | (a) The George Bailey Memorial Program is created under the | 9 | | Department of Insurance, under which any burn victim who, | 10 | | through no fault of his or her own, has become disabled and has | 11 | | been told by 2 independent physicians that his or her prognosis | 12 | | is that he or she has less than 18 months left to live shall | 13 | | immediately receive the 5 months' pay that he or she would have | 14 | | received for Social Security had there not been a mandatory | 15 | | 5-month waiting period. The person shall receive the same | 16 | | amount that he or she would receive under the federal | 17 | | Supplemental Security income program, minus $25. This amount | 18 | | shall be paid in equal payments for 5 months, ending after the | 19 | | end of the 5-month period or upon the applicant's death. | 20 | | As used in this Section, "through no fault of his or her | 21 | | own" means that the individual is not the proximate cause of | 22 | | his or her injury, through either gross negligence or by use of | 23 | | a substance that is well known to possibly cause grave bodily |
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| 1 | | injury by a short amount of use or exposure.
| 2 | | (b) Any moneys that a person or his or her estate, trust, | 3 | | or heirs receive from a settlement for the injury that is the | 4 | | proximate cause of the person's disability under this Act shall | 5 | | be used to repay the George Bailey Memorial Fund, except as | 6 | | provided under subsection (h) of this Section. The moneys shall | 7 | | be paid directly to the Department of Insurance for deposit in | 8 | | the Fund after the Department deducts a 20% administrative fee.
| 9 | | (c) Any person meeting the requirements of subsection (a) | 10 | | and whose application to the Board is approved unanimously | 11 | | shall be eligible to participate in the Program.
| 12 | | (d) Any active member of the United States Armed Forces | 13 | | shall be eligible if he or she was a resident of Illinois for | 14 | | at least 12 months before enlisting and he or she planned to | 15 | | return to Illinois.
| 16 | | (e) Any legal resident of Illinois who, at the time of the | 17 | | injury, was a resident of Illinois who would qualify under | 18 | | subsection (a) shall not be disqualified for residency | 19 | | requirements, provided that he or she was a legal resident at | 20 | | the time of the injury.
| 21 | | (f) Fraud committed by a physician concerning the diagnosis | 22 | | under subsection (a), or a person attempting to obtain money, | 23 | | or by a State official who knowingly helps to defraud the State | 24 | | through an act in relation to the Program shall be a Class 3 | 25 | | felony.
| 26 | | (g) Any legal resident of Illinois is eligible for |
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| 1 | | participation in the Program and shall not be disqualified if | 2 | | the injury occurs outside of the State.
| 3 | | (h) The State shall have lien rights against all | 4 | | settlements or moneys otherwise collected due to the injury | 5 | | under this Act, but if the amount collected is less than the | 6 | | amount owed to the State through the Program, the State may not | 7 | | attach anything beyond the moneys given under the Program.
| 8 | | Section 10. Payments to the George Bailey Memorial Fund. | 9 | | The George Bailey Memorial Fund is created as a special fund in | 10 | | the State treasury. The George Bailey Memorial Fund shall be | 11 | | funded pursuant to subsection (p) of Section 27.6 of the Clerks | 12 | | of Courts Act. If the funds available are not adequate to meet | 13 | | the requirements of this Act, the Department of Insurance shall | 14 | | inform the State Treasurer and State Comptroller of the amount | 15 | | necessary, and the State Comptroller shall transfer the | 16 | | necessary funds from the Foreign Fire Fund into the George | 17 | | Bailey Memorial Fund. Moneys in the George Bailey Memorial Fund | 18 | | may only be used for the purposes set forth in this Act. | 19 | | Section 15. Rulemaking. The Department of Insurance may | 20 | | adopt rules to implement the provisions of this Act. In order | 21 | | to provide for the expeditious and timely
implementation of the | 22 | | provisions of this Act, emergency
rules to implement any | 23 | | provision of this Act may be adopted
by the Department in | 24 | | accordance with subsection (t) of Section
5-45 of the Illinois |
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| 1 | | Administrative Procedure Act.
| 2 | | Section 50. The Illinois Administrative Procedure Act is | 3 | | amended by changing Section 5-45 as follows: | 4 | | (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) | 5 | | Sec. 5-45. Emergency rulemaking. | 6 | | (a) "Emergency" means the existence of any situation that | 7 | | any agency
finds reasonably constitutes a threat to the public | 8 | | interest, safety, or
welfare. | 9 | | (b) If any agency finds that an
emergency exists that | 10 | | requires adoption of a rule upon fewer days than
is required by | 11 | | Section 5-40 and states in writing its reasons for that
| 12 | | finding, the agency may adopt an emergency rule without prior | 13 | | notice or
hearing upon filing a notice of emergency rulemaking | 14 | | with the Secretary of
State under Section 5-70. The notice | 15 | | shall include the text of the
emergency rule and shall be | 16 | | published in the Illinois Register. Consent
orders or other | 17 | | court orders adopting settlements negotiated by an agency
may | 18 | | be adopted under this Section. Subject to applicable | 19 | | constitutional or
statutory provisions, an emergency rule | 20 | | becomes effective immediately upon
filing under Section 5-65 or | 21 | | at a stated date less than 10 days
thereafter. The agency's | 22 | | finding and a statement of the specific reasons
for the finding | 23 | | shall be filed with the rule. The agency shall take
reasonable | 24 | | and appropriate measures to make emergency rules known to the
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| 1 | | persons who may be affected by them. | 2 | | (c) An emergency rule may be effective for a period of not | 3 | | longer than
150 days, but the agency's authority to adopt an | 4 | | identical rule under Section
5-40 is not precluded. No | 5 | | emergency rule may be adopted more
than once in any 24 month | 6 | | period, except that this limitation on the number
of emergency | 7 | | rules that may be adopted in a 24 month period does not apply
| 8 | | to (i) emergency rules that make additions to and deletions | 9 | | from the Drug
Manual under Section 5-5.16 of the Illinois | 10 | | Public Aid Code or the
generic drug formulary under Section | 11 | | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | 12 | | emergency rules adopted by the Pollution Control
Board before | 13 | | July 1, 1997 to implement portions of the Livestock Management
| 14 | | Facilities Act, (iii) emergency rules adopted by the Illinois | 15 | | Department of Public Health under subsections (a) through (i) | 16 | | of Section 2 of the Department of Public Health Act when | 17 | | necessary to protect the public's health, (iv) emergency rules | 18 | | adopted pursuant to subsection (n) of this Section, (v) | 19 | | emergency rules adopted pursuant to subsection (o) of this | 20 | | Section, or (vi) emergency rules adopted pursuant to subsection | 21 | | (c-5) of this Section. Two or more emergency rules having | 22 | | substantially the same
purpose and effect shall be deemed to be | 23 | | a single rule for purposes of this
Section. | 24 | | (c-5) To facilitate the maintenance of the program of group | 25 | | health benefits provided to annuitants, survivors, and retired | 26 | | employees under the State Employees Group Insurance Act of |
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| 1 | | 1971, rules to alter the contributions to be paid by the State, | 2 | | annuitants, survivors, retired employees, or any combination | 3 | | of those entities, for that program of group health benefits, | 4 | | shall be adopted as emergency rules. The adoption of those | 5 | | rules shall be considered an emergency and necessary for the | 6 | | public interest, safety, and welfare. | 7 | | (d) In order to provide for the expeditious and timely | 8 | | implementation
of the State's fiscal year 1999 budget, | 9 | | emergency rules to implement any
provision of Public Act 90-587 | 10 | | or 90-588
or any other budget initiative for fiscal year 1999 | 11 | | may be adopted in
accordance with this Section by the agency | 12 | | charged with administering that
provision or initiative, | 13 | | except that the 24-month limitation on the adoption
of | 14 | | emergency rules and the provisions of Sections 5-115 and 5-125 | 15 | | do not apply
to rules adopted under this subsection (d). The | 16 | | adoption of emergency rules
authorized by this subsection (d) | 17 | | shall be deemed to be necessary for the
public interest, | 18 | | safety, and welfare. | 19 | | (e) In order to provide for the expeditious and timely | 20 | | implementation
of the State's fiscal year 2000 budget, | 21 | | emergency rules to implement any
provision of this amendatory | 22 | | Act of the 91st General Assembly
or any other budget initiative | 23 | | for fiscal year 2000 may be adopted in
accordance with this | 24 | | Section by the agency charged with administering that
provision | 25 | | or initiative, except that the 24-month limitation on the | 26 | | adoption
of emergency rules and the provisions of Sections |
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| 1 | | 5-115 and 5-125 do not apply
to rules adopted under this | 2 | | subsection (e). The adoption of emergency rules
authorized by | 3 | | this subsection (e) shall be deemed to be necessary for the
| 4 | | public interest, safety, and welfare. | 5 | | (f) In order to provide for the expeditious and timely | 6 | | implementation
of the State's fiscal year 2001 budget, | 7 | | emergency rules to implement any
provision of this amendatory | 8 | | Act of the 91st General Assembly
or any other budget initiative | 9 | | for fiscal year 2001 may be adopted in
accordance with this | 10 | | Section by the agency charged with administering that
provision | 11 | | or initiative, except that the 24-month limitation on the | 12 | | adoption
of emergency rules and the provisions of Sections | 13 | | 5-115 and 5-125 do not apply
to rules adopted under this | 14 | | subsection (f). The adoption of emergency rules
authorized by | 15 | | this subsection (f) shall be deemed to be necessary for the
| 16 | | public interest, safety, and welfare. | 17 | | (g) In order to provide for the expeditious and timely | 18 | | implementation
of the State's fiscal year 2002 budget, | 19 | | emergency rules to implement any
provision of this amendatory | 20 | | Act of the 92nd General Assembly
or any other budget initiative | 21 | | for fiscal year 2002 may be adopted in
accordance with this | 22 | | Section by the agency charged with administering that
provision | 23 | | or initiative, except that the 24-month limitation on the | 24 | | adoption
of emergency rules and the provisions of Sections | 25 | | 5-115 and 5-125 do not apply
to rules adopted under this | 26 | | subsection (g). The adoption of emergency rules
authorized by |
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| 1 | | this subsection (g) shall be deemed to be necessary for the
| 2 | | public interest, safety, and welfare. | 3 | | (h) In order to provide for the expeditious and timely | 4 | | implementation
of the State's fiscal year 2003 budget, | 5 | | emergency rules to implement any
provision of this amendatory | 6 | | Act of the 92nd General Assembly
or any other budget initiative | 7 | | for fiscal year 2003 may be adopted in
accordance with this | 8 | | Section by the agency charged with administering that
provision | 9 | | or initiative, except that the 24-month limitation on the | 10 | | adoption
of emergency rules and the provisions of Sections | 11 | | 5-115 and 5-125 do not apply
to rules adopted under this | 12 | | subsection (h). The adoption of emergency rules
authorized by | 13 | | this subsection (h) shall be deemed to be necessary for the
| 14 | | public interest, safety, and welfare. | 15 | | (i) In order to provide for the expeditious and timely | 16 | | implementation
of the State's fiscal year 2004 budget, | 17 | | emergency rules to implement any
provision of this amendatory | 18 | | Act of the 93rd General Assembly
or any other budget initiative | 19 | | for fiscal year 2004 may be adopted in
accordance with this | 20 | | Section by the agency charged with administering that
provision | 21 | | or initiative, except that the 24-month limitation on the | 22 | | adoption
of emergency rules and the provisions of Sections | 23 | | 5-115 and 5-125 do not apply
to rules adopted under this | 24 | | subsection (i). The adoption of emergency rules
authorized by | 25 | | this subsection (i) shall be deemed to be necessary for the
| 26 | | public interest, safety, and welfare. |
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| 1 | | (j) In order to provide for the expeditious and timely | 2 | | implementation of the provisions of the State's fiscal year | 3 | | 2005 budget as provided under the Fiscal Year 2005 Budget | 4 | | Implementation (Human Services) Act, emergency rules to | 5 | | implement any provision of the Fiscal Year 2005 Budget | 6 | | Implementation (Human Services) Act may be adopted in | 7 | | accordance with this Section by the agency charged with | 8 | | administering that provision, except that the 24-month | 9 | | limitation on the adoption of emergency rules and the | 10 | | provisions of Sections 5-115 and 5-125 do not apply to rules | 11 | | adopted under this subsection (j). The Department of Public Aid | 12 | | may also adopt rules under this subsection (j) necessary to | 13 | | administer the Illinois Public Aid Code and the Children's | 14 | | Health Insurance Program Act. The adoption of emergency rules | 15 | | authorized by this subsection (j) shall be deemed to be | 16 | | necessary for the public interest, safety, and welfare.
| 17 | | (k) In order to provide for the expeditious and timely | 18 | | implementation of the provisions of the State's fiscal year | 19 | | 2006 budget, emergency rules to implement any provision of this | 20 | | amendatory Act of the 94th General Assembly or any other budget | 21 | | initiative for fiscal year 2006 may be adopted in accordance | 22 | | with this Section by the agency charged with administering that | 23 | | provision or initiative, except that the 24-month limitation on | 24 | | the adoption of emergency rules and the provisions of Sections | 25 | | 5-115 and 5-125 do not apply to rules adopted under this | 26 | | subsection (k). The Department of Healthcare and Family |
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| 1 | | Services may also adopt rules under this subsection (k) | 2 | | necessary to administer the Illinois Public Aid Code, the | 3 | | Senior Citizens and Disabled Persons Property Tax Relief Act, | 4 | | the Senior Citizens and Disabled Persons Prescription Drug | 5 | | Discount Program Act (now the Illinois Prescription Drug | 6 | | Discount Program Act), and the Children's Health Insurance | 7 | | Program Act. The adoption of emergency rules authorized by this | 8 | | subsection (k) shall be deemed to be necessary for the public | 9 | | interest, safety, and welfare.
| 10 | | (l) In order to provide for the expeditious and timely | 11 | | implementation of the provisions of the
State's fiscal year | 12 | | 2007 budget, the Department of Healthcare and Family Services | 13 | | may adopt emergency rules during fiscal year 2007, including | 14 | | rules effective July 1, 2007, in
accordance with this | 15 | | subsection to the extent necessary to administer the | 16 | | Department's responsibilities with respect to amendments to | 17 | | the State plans and Illinois waivers approved by the federal | 18 | | Centers for Medicare and Medicaid Services necessitated by the | 19 | | requirements of Title XIX and Title XXI of the federal Social | 20 | | Security Act. The adoption of emergency rules
authorized by | 21 | | this subsection (l) shall be deemed to be necessary for the | 22 | | public interest,
safety, and welfare.
| 23 | | (m) In order to provide for the expeditious and timely | 24 | | implementation of the provisions of the
State's fiscal year | 25 | | 2008 budget, the Department of Healthcare and Family Services | 26 | | may adopt emergency rules during fiscal year 2008, including |
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| 1 | | rules effective July 1, 2008, in
accordance with this | 2 | | subsection to the extent necessary to administer the | 3 | | Department's responsibilities with respect to amendments to | 4 | | the State plans and Illinois waivers approved by the federal | 5 | | Centers for Medicare and Medicaid Services necessitated by the | 6 | | requirements of Title XIX and Title XXI of the federal Social | 7 | | Security Act. The adoption of emergency rules
authorized by | 8 | | this subsection (m) shall be deemed to be necessary for the | 9 | | public interest,
safety, and welfare.
| 10 | | (n) In order to provide for the expeditious and timely | 11 | | implementation of the provisions of the State's fiscal year | 12 | | 2010 budget, emergency rules to implement any provision of this | 13 | | amendatory Act of the 96th General Assembly or any other budget | 14 | | initiative authorized by the 96th General Assembly for fiscal | 15 | | year 2010 may be adopted in accordance with this Section by the | 16 | | agency charged with administering that provision or | 17 | | initiative. The adoption of emergency rules authorized by this | 18 | | subsection (n) shall be deemed to be necessary for the public | 19 | | interest, safety, and welfare. The rulemaking authority | 20 | | granted in this subsection (n) shall apply only to rules | 21 | | promulgated during Fiscal Year 2010. | 22 | | (o) In order to provide for the expeditious and timely | 23 | | implementation of the provisions of the State's fiscal year | 24 | | 2011 budget, emergency rules to implement any provision of this | 25 | | amendatory Act of the 96th General Assembly or any other budget | 26 | | initiative authorized by the 96th General Assembly for fiscal |
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| 1 | | year 2011 may be adopted in accordance with this Section by the | 2 | | agency charged with administering that provision or | 3 | | initiative. The adoption of emergency rules authorized by this | 4 | | subsection (o) is deemed to be necessary for the public | 5 | | interest, safety, and welfare. The rulemaking authority | 6 | | granted in this subsection (o) applies only to rules | 7 | | promulgated on or after the effective date of this amendatory | 8 | | Act of the 96th General Assembly through June 30, 2011. | 9 | | (p) In order to provide for the expeditious and timely | 10 | | implementation of the provisions of Public Act 97-689, | 11 | | emergency rules to implement any provision of Public Act 97-689 | 12 | | may be adopted in accordance with this subsection (p) by the | 13 | | agency charged with administering that provision or | 14 | | initiative. The 150-day limitation of the effective period of | 15 | | emergency rules does not apply to rules adopted under this | 16 | | subsection (p), and the effective period may continue through | 17 | | June 30, 2013. The 24-month limitation on the adoption of | 18 | | emergency rules does not apply to rules adopted under this | 19 | | subsection (p). The adoption of emergency rules authorized by | 20 | | this subsection (p) is deemed to be necessary for the public | 21 | | interest, safety, and welfare. | 22 | | (q) In order to provide for the expeditious and timely | 23 | | implementation of the provisions of Articles 7, 8, 9, 11, and | 24 | | 12 of this amendatory Act of the 98th General Assembly, | 25 | | emergency rules to implement any provision of Articles 7, 8, 9, | 26 | | 11, and 12 of this amendatory Act of the 98th General Assembly |
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| 1 | | may be adopted in accordance with this subsection (q) by the | 2 | | agency charged with administering that provision or | 3 | | initiative. The 24-month limitation on the adoption of | 4 | | emergency rules does not apply to rules adopted under this | 5 | | subsection (q). The adoption of emergency rules authorized by | 6 | | this subsection (q) is deemed to be necessary for the public | 7 | | interest, safety, and welfare. | 8 | | (r) In order to provide for the expeditious and timely | 9 | | implementation of the provisions of this amendatory Act of the | 10 | | 98th General Assembly, emergency rules to implement this | 11 | | amendatory Act of the 98th General Assembly may be adopted in | 12 | | accordance with this subsection (r) by the Department of | 13 | | Healthcare and Family Services. The 24-month limitation on the | 14 | | adoption of emergency rules does not apply to rules adopted | 15 | | under this subsection (r). The adoption of emergency rules | 16 | | authorized by this subsection (r) is deemed to be necessary for | 17 | | the public interest, safety, and welfare. | 18 | | (s) In order to provide for the expeditious and timely | 19 | | implementation of the provisions of Sections 5-5b.1 and 5A-2 of | 20 | | the Illinois Public Aid Code, emergency rules to implement any | 21 | | provision of Section 5-5b.1 or Section 5A-2 of the Illinois | 22 | | Public Aid Code may be adopted in accordance with this | 23 | | subsection (s) by the Department of Healthcare and Family | 24 | | Services. The rulemaking authority granted in this subsection | 25 | | (s) shall apply only to those rules adopted prior to July 1, | 26 | | 2015. Notwithstanding any other provision of this Section, any |
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| 1 | | emergency rule adopted under this subsection (s) shall only | 2 | | apply to payments made for State fiscal year 2015. The adoption | 3 | | of emergency rules authorized by this subsection (s) is deemed | 4 | | to be necessary for the public interest, safety, and welfare. | 5 | | (t) In order to provide for the expeditious and timely | 6 | | implementation of the provisions of the Burn Victims Relief | 7 | | Act, emergency rules to implement any provision of the Act may | 8 | | be adopted in accordance with this subsection (t) by the | 9 | | Department of Insurance. The rulemaking authority granted in | 10 | | this subsection (t) shall apply only to those rules adopted | 11 | | prior to December 31, 2015. The adoption of emergency rules | 12 | | authorized by this subsection (t) is deemed to be necessary for | 13 | | the public interest, safety, and welfare. | 14 | | (Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13; | 15 | | 98-651, eff. 6-16-14; 99-2, eff. 3-26-15.) | 16 | | Section 90. The State Finance Act is amended by adding | 17 | | Section 5.866 as follows: | 18 | | (30 ILCS 105/5.866 new) | 19 | | Sec. 5.866. The George Bailey Memorial Fund.
| 20 | | Section 95. The Clerks of Courts Act is amended by changing | 21 | | Section 27.6 as follows:
| 22 | | (705 ILCS 105/27.6)
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| 1 | | (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625, | 2 | | 96-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150, | 3 | | 98-658, and 98-1013) | 4 | | Sec. 27.6. (a) All fees, fines, costs, additional | 5 | | penalties, bail balances
assessed or forfeited, and any other | 6 | | amount paid by a person to the circuit
clerk equalling an | 7 | | amount of $55 or more, except the fine imposed by Section | 8 | | 5-9-1.15
of the Unified Code of Corrections, the additional fee | 9 | | required
by subsections (b) and (c), restitution under Section | 10 | | 5-5-6 of the
Unified Code of Corrections, contributions to a | 11 | | local anti-crime program ordered pursuant to Section | 12 | | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | 13 | | Corrections, reimbursement for the costs of an emergency
| 14 | | response as provided under Section 11-501 of the Illinois | 15 | | Vehicle Code,
any fees collected for attending a traffic safety | 16 | | program under paragraph (c)
of Supreme Court Rule 529, any fee | 17 | | collected on behalf of a State's Attorney
under Section 4-2002 | 18 | | of the Counties Code or a sheriff under Section 4-5001
of the | 19 | | Counties Code, or any cost imposed under Section 124A-5 of the | 20 | | Code of
Criminal Procedure of 1963, for convictions, orders of | 21 | | supervision, or any
other disposition for a violation of | 22 | | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | 23 | | similar provision of a local ordinance, and any
violation of | 24 | | the Child Passenger Protection Act, or a similar provision of a
| 25 | | local ordinance, and except as otherwise provided in this | 26 | | Section
shall be disbursed
within 60 days after receipt by the |
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| 1 | | circuit
clerk as follows: 44.5% shall be disbursed to the | 2 | | entity authorized by law to
receive the fine imposed in the | 3 | | case; 16.825% shall be disbursed to the State
Treasurer; and | 4 | | 38.675% shall be disbursed to the county's general corporate
| 5 | | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | 6 | | shall be deposited
by the State Treasurer into the Violent | 7 | | Crime Victims Assistance Fund, 5.052/17
shall be deposited into | 8 | | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall | 9 | | be deposited into the Drivers Education Fund, and 6.948/17 | 10 | | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 | 11 | | deposited into the
Trauma Center Fund from the 16.825% | 12 | | disbursed to the State Treasurer, 50% shall
be disbursed to the | 13 | | Department of Public Health and 50% shall be disbursed to
the | 14 | | Department of Healthcare and Family Services. For fiscal year | 15 | | 1993, amounts deposited into
the Violent Crime Victims | 16 | | Assistance Fund, the Traffic and Criminal
Conviction Surcharge | 17 | | Fund, or the Drivers Education Fund shall not exceed 110%
of | 18 | | the amounts deposited into those funds in fiscal year 1991. Any
| 19 | | amount that exceeds the 110% limit shall be distributed as | 20 | | follows: 50%
shall be disbursed to the county's general | 21 | | corporate fund and 50% shall be
disbursed to the entity | 22 | | authorized by law to receive the fine imposed in
the case. Not | 23 | | later than March 1 of each year the circuit clerk
shall submit | 24 | | a report of the amount of funds remitted to the State
Treasurer | 25 | | under this Section during the preceding year based upon
| 26 | | independent verification of fines and fees. All counties shall |
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| 1 | | be subject
to this Section, except that counties with a | 2 | | population under 2,000,000
may, by ordinance, elect not to be | 3 | | subject to this Section. For offenses
subject to this Section, | 4 | | judges shall impose one total sum of money payable
for | 5 | | violations. The circuit clerk may add on no additional amounts | 6 | | except
for amounts that are required by Sections 27.3a and | 7 | | 27.3c of
this Act, unless those amounts are specifically waived | 8 | | by the judge. With
respect to money collected by the circuit | 9 | | clerk as a result of
forfeiture of bail, ex parte judgment or | 10 | | guilty plea pursuant to Supreme
Court Rule 529, the circuit | 11 | | clerk shall first deduct and pay amounts
required by Sections | 12 | | 27.3a and 27.3c of this Act. This Section is a denial
and | 13 | | limitation of home rule powers and functions under subsection | 14 | | (h) of
Section 6 of Article VII of the Illinois Constitution.
| 15 | | (b) In addition to any other fines and court costs assessed | 16 | | by the courts,
any person convicted or receiving an order of | 17 | | supervision for driving under
the influence of alcohol or drugs | 18 | | shall pay an additional fee of $100 to the
clerk of the circuit | 19 | | court. This amount, less 2 1/2% that shall be used to
defray | 20 | | administrative costs incurred by the clerk, shall be remitted | 21 | | by the
clerk to the Treasurer within 60 days after receipt for | 22 | | deposit into the Trauma
Center Fund. This additional fee of | 23 | | $100 shall not be considered a part of the
fine for purposes of | 24 | | any reduction in the fine for time served either before or
| 25 | | after sentencing. Not later than March 1 of each year the | 26 | | Circuit Clerk shall
submit a report of the amount of funds |
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| 1 | | remitted to the State Treasurer under
this subsection during | 2 | | the preceding calendar year.
| 3 | | (b-1) In addition to any other fines and court costs | 4 | | assessed by the courts,
any person convicted or receiving an | 5 | | order of supervision for driving under the
influence of alcohol | 6 | | or drugs shall pay an additional fee of $5 to the clerk
of the | 7 | | circuit court. This amount, less
2 1/2% that shall be used to | 8 | | defray administrative costs incurred by the clerk,
shall be | 9 | | remitted by the clerk to the Treasurer within 60 days after | 10 | | receipt
for deposit into the Spinal Cord Injury Paralysis Cure | 11 | | Research Trust Fund.
This additional fee of $5 shall not
be | 12 | | considered a part of the fine for purposes of any reduction in | 13 | | the fine for
time served either before or after sentencing. Not | 14 | | later than March 1 of each
year the Circuit Clerk shall submit | 15 | | a report of the amount of funds remitted to
the State Treasurer | 16 | | under this subsection during the preceding calendar
year.
| 17 | | (c) In addition to any other fines and court costs assessed | 18 | | by the courts,
any person convicted for a violation of Sections | 19 | | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or the | 20 | | Criminal Code of 2012 or a 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 $100 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 Trauma Center Fund. This | 2 | | additional fee of $100 shall not
be considered a part of the | 3 | | fine for purposes of any reduction in the fine for
time served | 4 | | either before or after sentencing. Not later than March 1 of | 5 | | each
year the Circuit Clerk shall submit a report of the amount | 6 | | of funds remitted to
the State Treasurer under this subsection | 7 | | during the preceding calendar year.
| 8 | | (c-1) In addition to any other fines and court costs | 9 | | assessed by the
courts, any person sentenced for a violation of | 10 | | the Cannabis Control Act,
the Illinois Controlled Substances | 11 | | Act, or the Methamphetamine Control and Community Protection | 12 | | Act shall pay an additional fee of $5 to the
clerk of the | 13 | | circuit court. This amount, less 2 1/2% that shall be used to
| 14 | | defray administrative costs incurred by the clerk, shall be | 15 | | remitted by the
clerk to the Treasurer within 60 days after | 16 | | receipt for deposit into the Spinal
Cord Injury Paralysis Cure | 17 | | Research Trust Fund. This additional fee of $5
shall not be | 18 | | considered a part of the fine for purposes of any reduction in | 19 | | the
fine for time served either before or after sentencing. Not | 20 | | later than March 1
of each year the Circuit Clerk shall submit | 21 | | a report of the amount of funds
remitted to the State Treasurer | 22 | | under this subsection during the preceding
calendar year.
| 23 | | (d) The following amounts must be remitted to the State | 24 | | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| 25 | | (1) 50% of the amounts collected for felony offenses | 26 | | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, |
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| 1 | | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | 2 | | Animals Act and Section 26-5 or 48-1 of the Criminal Code | 3 | | of
1961 or the Criminal Code of 2012;
| 4 | | (2) 20% of the amounts collected for Class A and Class | 5 | | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | 6 | | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | 7 | | for Animals Act and Section 26-5 or 48-1 of the Criminal
| 8 | | Code of 1961 or the Criminal Code of 2012; and
| 9 | | (3) 50% of the amounts collected for Class C | 10 | | misdemeanors under Sections
4.01 and 7.1 of the Humane Care | 11 | | for Animals Act and Section 26-5 or 48-1 of the
Criminal | 12 | | Code of 1961 or the Criminal Code of 2012.
| 13 | | (e) Any person who receives a disposition of court | 14 | | supervision for a violation of the Illinois Vehicle Code or a | 15 | | similar provision of a local ordinance shall, in addition to | 16 | | any other fines, fees, and court costs, pay an additional fee | 17 | | of $29, to be disbursed as provided in Section 16-104c of the | 18 | | Illinois Vehicle Code. In addition to the fee of $29, the | 19 | | person shall also pay a fee of $6, if not waived by the court. | 20 | | If this $6 fee is collected, $5.50 of the fee shall be | 21 | | deposited into the Circuit Court Clerk Operation and | 22 | | Administrative Fund created by the Clerk of the Circuit Court | 23 | | and 50 cents of the fee shall be deposited into the Prisoner | 24 | | Review Board Vehicle and Equipment Fund in the State treasury.
| 25 | | (f) This Section does not apply to the additional child | 26 | | pornography fines assessed and collected under Section |
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| 1 | | 5-9-1.14 of the Unified Code of Corrections.
| 2 | | (g) (Blank). | 3 | | (h) (Blank). | 4 | | (i)
Of the amounts collected as fines under subsection (b) | 5 | | of Section 3-712 of the Illinois Vehicle Code, 99% shall be | 6 | | deposited into the Illinois Military Family Relief Fund and 1% | 7 | | shall be deposited into the Circuit Court Clerk Operation and | 8 | | Administrative Fund created by the Clerk of the Circuit Court | 9 | | to be used to offset the costs incurred by the Circuit Court | 10 | | Clerk in performing the additional duties required to collect | 11 | | and disburse funds to entities of State and local government as | 12 | | provided by law.
| 13 | | (j) Any person convicted of, pleading guilty to, or placed | 14 | | on supervision for a serious traffic violation, as defined in | 15 | | Section 1-187.001 of the Illinois Vehicle Code, a violation of | 16 | | Section 11-501 of the Illinois Vehicle Code, or a violation of | 17 | | a similar provision of a local ordinance shall pay an | 18 | | additional fee of $35, to be disbursed as provided in Section | 19 | | 16-104d of that Code. | 20 | | This subsection (j) becomes inoperative on January 1, 2020. | 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 | | (p) In addition to any other fees and penalties imposed, | 21 | | any person who is convicted of or pleads guilty to a violation | 22 | | of Section 20-1 or Section 20-1.1 of the Criminal Code of 2012 | 23 | | shall pay an additional fee of $250 to the clerk of the circuit | 24 | | court. This additional fee of $250 shall not be considered a | 25 | | part of the fine for purposes of any reduction in the fine for | 26 | | time served either before or after sentencing. This amount, |
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| 1 | | less 2.5% that shall be used to defray administrative costs | 2 | | incurred by the clerk, shall be remitted by the clerk to the | 3 | | Department of Insurance within 60 days after receipt for | 4 | | deposit into the George Bailey Memorial Fund. | 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: 44.5% shall be disbursed to the | 10 | | entity authorized by law to
receive the fine imposed in the | 11 | | case; 16.825% shall be disbursed to the State
Treasurer; and | 12 | | 38.675% shall be disbursed to the county's general corporate
| 13 | | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | 14 | | shall be deposited
by the State Treasurer into the Violent | 15 | | Crime Victims Assistance Fund, 5.052/17
shall be deposited into | 16 | | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall | 17 | | be deposited into the Drivers Education Fund, and 6.948/17 | 18 | | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 | 19 | | deposited into the
Trauma Center Fund from the 16.825% | 20 | | disbursed to the State Treasurer, 50% shall
be disbursed to the | 21 | | Department of Public Health and 50% shall be disbursed to
the | 22 | | Department of Healthcare and Family Services. For fiscal year | 23 | | 1993, amounts deposited into
the Violent Crime Victims | 24 | | Assistance Fund, the Traffic and Criminal
Conviction Surcharge | 25 | | Fund, or the Drivers Education Fund shall not exceed 110%
of | 26 | | the amounts deposited into those funds in fiscal year 1991. Any
|
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| 1 | | amount that exceeds the 110% limit shall be distributed as | 2 | | follows: 50%
shall be disbursed to the county's general | 3 | | corporate fund and 50% shall be
disbursed to the entity | 4 | | authorized by law to receive the fine imposed in
the case. 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 Section during the preceding year based upon
| 8 | | independent verification of fines and fees. All counties shall | 9 | | be subject
to this Section, except that counties with a | 10 | | population under 2,000,000
may, by ordinance, elect not to be | 11 | | subject to this Section. For offenses
subject to this Section, | 12 | | judges shall impose one total sum of money payable
for | 13 | | violations. The circuit clerk may add on no additional amounts | 14 | | except
for amounts that are required by Sections 27.3a and | 15 | | 27.3c of
this Act, Section 16-104c of the Illinois Vehicle | 16 | | Code, and subsection (a) of Section 5-1101 of the Counties | 17 | | Code, unless those amounts are specifically waived by the | 18 | | judge. With
respect to money collected by the circuit clerk as | 19 | | a result of
forfeiture of bail, ex parte judgment or guilty | 20 | | plea pursuant to Supreme
Court Rule 529, the circuit clerk | 21 | | shall first deduct and pay amounts
required by Sections 27.3a | 22 | | and 27.3c of this Act. Unless a court ordered payment schedule | 23 | | is implemented or fee requirements are waived pursuant to court | 24 | | order, the clerk of the court may add to any unpaid fees and | 25 | | costs a delinquency amount equal to 5% of the unpaid fees that | 26 | | remain unpaid after 30 days, 10% of the unpaid fees that remain |
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| 1 | | unpaid after 60 days, and 15% of the unpaid fees that remain | 2 | | unpaid after 90 days. Notice to those parties may be made by | 3 | | signage posting or publication. The additional delinquency | 4 | | amounts collected under this Section shall be deposited in the | 5 | | Circuit Court Clerk Operation and Administrative Fund to be | 6 | | used to defray administrative costs incurred by the circuit | 7 | | clerk in performing the duties required to collect and disburse | 8 | | funds. This Section is a denial
and limitation of home rule | 9 | | powers and functions under subsection (h) of
Section 6 of | 10 | | Article VII of the Illinois Constitution.
| 11 | | (b) In addition to any other fines and court costs assessed | 12 | | by the courts,
any person convicted or receiving an order of | 13 | | supervision for driving under
the influence of alcohol or drugs | 14 | | shall pay an additional fee of $100 to the
clerk of the circuit | 15 | | court. This amount, less 2 1/2% that shall be used to
defray | 16 | | administrative costs incurred by the clerk, shall be remitted | 17 | | by the
clerk to the Treasurer within 60 days after receipt for | 18 | | deposit into the Trauma
Center Fund. This additional fee of | 19 | | $100 shall not be considered a part of the
fine for purposes of | 20 | | any reduction in the fine for time served either before or
| 21 | | after sentencing. Not later than March 1 of each year the | 22 | | Circuit Clerk shall
submit a report of the amount of funds | 23 | | remitted to the State Treasurer under
this subsection during | 24 | | the preceding calendar year.
| 25 | | (b-1) In addition to any other fines and court costs | 26 | | assessed by the courts,
any person convicted or receiving an |
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| 1 | | order of supervision for driving under the
influence of alcohol | 2 | | or drugs shall pay an additional fee of $5 to the clerk
of the | 3 | | circuit court. This amount, less
2 1/2% that shall be used to | 4 | | defray administrative costs incurred by the clerk,
shall be | 5 | | remitted by the clerk to the Treasurer within 60 days after | 6 | | receipt
for deposit into the Spinal Cord Injury Paralysis Cure | 7 | | Research Trust Fund.
This additional fee of $5 shall not
be | 8 | | considered a part of the fine for purposes of any reduction in | 9 | | the fine for
time served either before or after sentencing. Not | 10 | | later than March 1 of each
year the Circuit Clerk shall submit | 11 | | a report of the amount of funds remitted to
the State Treasurer | 12 | | under this subsection during the preceding calendar
year.
| 13 | | (c) In addition to any other fines and court costs assessed | 14 | | by the courts,
any person convicted for a violation of Sections | 15 | | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or the | 16 | | Criminal Code of 2012 or a person sentenced for a violation of | 17 | | the Cannabis
Control Act, the Illinois Controlled Substances | 18 | | Act, or the Methamphetamine Control and Community Protection | 19 | | Act
shall pay an additional fee of $100 to the clerk
of the | 20 | | circuit court. This amount, less
2 1/2% that shall be used to | 21 | | defray administrative costs incurred by the clerk,
shall be | 22 | | remitted by the clerk to the Treasurer within 60 days after | 23 | | receipt
for deposit into the Trauma Center Fund. This | 24 | | additional fee of $100 shall not
be considered a part of the | 25 | | fine for purposes of any reduction in the fine for
time served | 26 | | either before or after sentencing. Not later than March 1 of |
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| 1 | | each
year the Circuit Clerk shall submit a report of the amount | 2 | | of funds remitted to
the State Treasurer under this subsection | 3 | | during the preceding calendar year.
| 4 | | (c-1) In addition to any other fines and court costs | 5 | | assessed by the
courts, any 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 $5 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 Spinal
Cord Injury Paralysis Cure | 13 | | Research Trust Fund. This additional fee of $5
shall not be | 14 | | considered a part of the fine for purposes of any reduction in | 15 | | the
fine for time served either before or after sentencing. Not | 16 | | later than March 1
of each year the Circuit Clerk shall submit | 17 | | a report of the amount of funds
remitted to the State Treasurer | 18 | | under this subsection during the preceding
calendar year.
| 19 | | (d) The following amounts must be remitted to the State | 20 | | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| 21 | | (1) 50% of the amounts collected for felony offenses | 22 | | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | 23 | | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | 24 | | Animals Act and Section 26-5 or 48-1 of the Criminal Code | 25 | | of
1961 or the Criminal Code of 2012;
| 26 | | (2) 20% of the amounts collected for Class A and Class |
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| 1 | | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | 2 | | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | 3 | | for Animals Act and Section 26-5 or 48-1 of the Criminal
| 4 | | Code of 1961 or the Criminal Code of 2012; and
| 5 | | (3) 50% of the amounts collected for Class C | 6 | | misdemeanors under Sections
4.01 and 7.1 of the Humane Care | 7 | | for Animals Act and Section 26-5 or 48-1 of the
Criminal | 8 | | Code of 1961 or the Criminal Code of 2012.
| 9 | | (e) Any person who receives a disposition of court | 10 | | supervision for a violation of the Illinois Vehicle Code or a | 11 | | similar provision of a local ordinance shall, in addition to | 12 | | any other fines, fees, and court costs, pay an additional fee | 13 | | of $29, to be disbursed as provided in Section 16-104c of the | 14 | | Illinois Vehicle Code. In addition to the fee of $29, the | 15 | | person shall also pay a fee of $6, if not waived by the court. | 16 | | If this $6 fee is collected, $5.50 of the fee shall be | 17 | | deposited into the Circuit Court Clerk Operation and | 18 | | Administrative Fund created by the Clerk of the Circuit Court | 19 | | and 50 cents of the fee shall be deposited into the Prisoner | 20 | | Review Board Vehicle and Equipment Fund in the State treasury.
| 21 | | (f) This Section does not apply to the additional child | 22 | | pornography fines assessed and collected under Section | 23 | | 5-9-1.14 of the Unified Code of Corrections.
| 24 | | (g) Any person convicted of or pleading guilty to a serious | 25 | | traffic violation, as defined in Section 1-187.001 of the | 26 | | Illinois Vehicle Code, shall pay an additional fee of $35, to |
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| 1 | | be disbursed as provided in Section 16-104d of that Code. This | 2 | | subsection (g) becomes inoperative on January 1, 2020. | 3 | | (h) In all counties having a population of 3,000,000 or | 4 | | more inhabitants, | 5 | | (1) A person who is found guilty of or pleads guilty to | 6 | | violating subsection (a) of Section 11-501 of the Illinois | 7 | | Vehicle Code, including any person placed on court | 8 | | supervision for violating subsection (a), shall be fined | 9 | | $750 as provided for by subsection (f) of Section 11-501.01 | 10 | | of the Illinois Vehicle Code, payable to the circuit clerk, | 11 | | who shall distribute the money pursuant to subsection (f) | 12 | | of Section 11-501.01 of the Illinois Vehicle Code. | 13 | | (2) When a crime laboratory DUI analysis fee of $150, | 14 | | provided for by Section 5-9-1.9 of the Unified Code of | 15 | | Corrections is assessed, it shall be disbursed by the | 16 | | circuit clerk as provided by subsection (f) of Section | 17 | | 5-9-1.9 of the Unified Code of Corrections. | 18 | | (3) When a fine for a violation of Section 11-605.1 of | 19 | | the Illinois Vehicle Code is $250 or greater, the person | 20 | | who violated that Section shall be charged an additional | 21 | | $125 as provided for by subsection (e) of Section 11-605.1 | 22 | | of the Illinois Vehicle Code, which shall be disbursed by | 23 | | the circuit clerk to a State or county Transportation | 24 | | Safety Highway Hire-back Fund as provided by subsection (e) | 25 | | of Section 11-605.1 of the Illinois Vehicle Code. | 26 | | (4) When a fine for a violation of subsection (a) of |
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| 1 | | Section 11-605 of the Illinois Vehicle Code is $150 or | 2 | | greater, the additional $50 which is charged as provided | 3 | | for by subsection (f) of Section 11-605 of the Illinois | 4 | | Vehicle Code shall be disbursed by the circuit clerk to a | 5 | | school district or districts for school safety purposes as | 6 | | provided by subsection (f) of Section 11-605. | 7 | | (5) When a fine for a violation of subsection (a) of | 8 | | Section 11-1002.5 of the Illinois Vehicle Code is $150 or | 9 | | greater, the additional $50 which is charged as provided | 10 | | for by subsection (c) of Section 11-1002.5 of the Illinois | 11 | | Vehicle Code shall be disbursed by the circuit clerk to a | 12 | | school district or districts for school safety purposes as | 13 | | provided by subsection (c) of Section 11-1002.5 of the | 14 | | Illinois Vehicle Code. | 15 | | (6) When a mandatory drug court fee of up to $5 is | 16 | | assessed as provided in subsection (f) of Section 5-1101 of | 17 | | the Counties Code, it shall be disbursed by the circuit | 18 | | clerk as provided in subsection (f) of Section 5-1101 of | 19 | | the Counties Code. | 20 | | (7) When a mandatory teen court, peer jury, youth | 21 | | court, or other youth diversion program fee is assessed as | 22 | | provided in subsection (e) of Section 5-1101 of the | 23 | | Counties Code, it shall be disbursed by the circuit clerk | 24 | | as provided in subsection (e) of Section 5-1101 of the | 25 | | Counties Code. | 26 | | (8) When a Children's Advocacy Center fee is assessed |
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| 1 | | pursuant to subsection (f-5) of Section 5-1101 of the | 2 | | Counties Code, it shall be disbursed by the circuit clerk | 3 | | as provided in subsection (f-5) of Section 5-1101 of the | 4 | | Counties Code. | 5 | | (9) When a victim impact panel fee is assessed pursuant | 6 | | to subsection (b) of Section 11-501.01 of the Vehicle Code, | 7 | | it shall be disbursed by the circuit clerk to the victim | 8 | | impact panel to be attended by the defendant. | 9 | | (10) When a new fee collected in traffic cases is | 10 | | enacted after the effective date of this subsection (h), it | 11 | | shall be excluded from the percentage disbursement | 12 | | provisions of this Section unless otherwise indicated by | 13 | | law. | 14 | | (i)
Of the amounts collected as fines under subsection (b) | 15 | | of Section 3-712 of the Illinois Vehicle Code, 99% shall be | 16 | | deposited into the Illinois Military Family Relief Fund and 1% | 17 | | shall be deposited into the Circuit Court Clerk Operation and | 18 | | Administrative Fund created by the Clerk of the Circuit Court | 19 | | to be used to offset the costs incurred by the Circuit Court | 20 | | Clerk in performing the additional duties required to collect | 21 | | and disburse funds to entities of State and local government as | 22 | | provided by law.
| 23 | | (j) (Blank). | 24 | | (k) For any conviction or disposition of court supervision | 25 | | for a violation of Section 11-1429 of the Illinois Vehicle | 26 | | Code, the circuit clerk shall distribute the fines paid by the |
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| 1 | | person as specified by subsection (h) of Section 11-1429 of the | 2 | | Illinois Vehicle Code. | 3 | | (l) Any person who receives a disposition of court | 4 | | supervision for a violation of Section 11-501 of the Illinois | 5 | | Vehicle Code or a similar provision of a local ordinance shall, | 6 | | in addition to any other fines, fees, and court costs, pay an | 7 | | additional fee of $50, which shall
be collected by the circuit | 8 | | clerk and then remitted to the State Treasurer for deposit into | 9 | | the Roadside Memorial Fund, a special fund in the State | 10 | | treasury. However, the court may waive the fee if full | 11 | | restitution is complied with. Subject to appropriation, all | 12 | | moneys in the Roadside Memorial Fund shall be used by the | 13 | | Department of Transportation to pay fees imposed under | 14 | | subsection (f) of Section 20 of the Roadside Memorial Act. The | 15 | | fee shall be remitted by the circuit clerk within one month | 16 | | after receipt to the State Treasurer for deposit into the | 17 | | Roadside Memorial Fund. | 18 | | (m) Of the amounts collected as fines under subsection (c) | 19 | | of Section 411.4 of the Illinois Controlled Substances Act or | 20 | | subsection (c) of Section 90 of the Methamphetamine Control and | 21 | | Community Protection Act, 99% shall be deposited to the law | 22 | | enforcement agency or fund specified and 1% shall be deposited | 23 | | into the Circuit Court Clerk Operation and Administrative Fund | 24 | | to be used to offset the costs incurred by the Circuit Court | 25 | | Clerk in performing the additional duties required to collect | 26 | | and disburse funds to entities of State and local government as |
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| 1 | | provided by law. | 2 | | (n) In addition to any other fines and court costs assessed | 3 | | by the courts, any person who is convicted of or pleads guilty | 4 | | to a violation of the Criminal Code of 1961 or the Criminal | 5 | | Code of 2012, or a similar provision of a local ordinance, or | 6 | | who is convicted of, pleads guilty to, or receives a | 7 | | disposition of court supervision for a violation of the | 8 | | Illinois Vehicle Code, or a similar provision of a local | 9 | | ordinance, shall pay an additional fee of $15 to the clerk of | 10 | | the circuit court. This additional fee of $15 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. | 13 | | This amount, less 2.5% that shall be used to defray | 14 | | administrative costs incurred by the clerk, shall be remitted | 15 | | by the clerk to the State Treasurer within 60 days after | 16 | | receipt for deposit into the State Police Merit Board Public | 17 | | Safety Fund. | 18 | | (o) The amounts collected as fines under Sections 10-9, | 19 | | 11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall | 20 | | be collected by the circuit clerk and distributed as provided | 21 | | under Section 5-9-1.21 of the Unified Code of Corrections in | 22 | | lieu of any disbursement under subsection (a) of this Section. | 23 | | (p) In addition to any other fees and penalties imposed, | 24 | | any person who is convicted of or pleads guilty to a violation | 25 | | of Section 20-1 or Section 20-1.1 of the Criminal Code of 2012 | 26 | | shall pay an additional fee of $250 to the clerk of the circuit |
| | | HB4006 Engrossed | - 36 - | LRB099 11163 MGM 31653 b |
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| 1 | | court. This additional fee of $250 shall not be considered a | 2 | | part of the fine for purposes of any reduction in the fine for | 3 | | time served either before or after sentencing. This amount, | 4 | | less 2.5% that shall be used to defray administrative costs | 5 | | incurred by the clerk, shall be remitted by the clerk to the | 6 | | Department of Insurance within 60 days after receipt for | 7 | | deposit into the George Bailey Memorial Fund. | 8 | | (Source: P.A. 97-434, eff. 1-1-12; 97-1051, eff. 1-1-13; | 9 | | 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-658, eff. | 10 | | 6-23-14; 98-1013, eff. 1-1-15; revised 10-2-14.) |
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