Full Text of HB4006 99th General Assembly
HB4006ham001 99TH GENERAL ASSEMBLY | Rep. Jay Hoffman Filed: 4/15/2015
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| 1 | | AMENDMENT TO HOUSE BILL 4006
| 2 | | AMENDMENT NO. ______. Amend House Bill 4006 by replacing | 3 | | everything after the enacting clause with the following:
| 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 |
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| 1 | | Supplemental Security income program, minus $25. This amount | 2 | | shall be paid in equal payments for 5 months, ending after the | 3 | | end of the 5-month period or upon the applicant's death. | 4 | | As used in this Section, "through no fault of his or her | 5 | | own" means that the individual is not the proximate cause of | 6 | | his or her injury, through either gross negligence or by use of | 7 | | a substance that is well known to possibly cause grave bodily | 8 | | injury by a short amount of use or exposure.
| 9 | | (b) Any moneys that a person or his or her estate, trust, | 10 | | or heirs receive from a settlement for the injury that is the | 11 | | proximate cause of person's disability under this Act shall be | 12 | | used to repay the George Bailey Memorial Fund, except as | 13 | | provided under subsection (h) of this Section. The moneys shall | 14 | | be paid directly to the office of the Treasurer and shall be | 15 | | forwarded to the fund minus a 20% administrative fee.
| 16 | | (c) Any person meeting the requirements of subsection (a) | 17 | | and whose application to the Board is approved unanimously | 18 | | shall be eligible to participate in the Program.
| 19 | | (d) Any active member of the United States armed forces | 20 | | shall be eligible if he or she was a resident of Illinois for | 21 | | at least 12 months before enlisting and he or she planned to | 22 | | return to Illinois.
| 23 | | (e) Any legal resident of Illinois who, at the time of the | 24 | | injury, was a resident of Illinois who would qualify under | 25 | | subsection (a) shall not be disqualified for residency | 26 | | requirements, provided that he or she was a legal resident at |
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| 1 | | the time of the injury.
| 2 | | (f) Fraud committed by a physician concerning the diagnosis | 3 | | under subsection (a), or a person attempting to obtain money, | 4 | | or by a State official who knowingly helps to defraud the State | 5 | | through an act in relation to the Program shall be a Class 3 | 6 | | felony.
| 7 | | (g) Any legal resident of Illinois is eligible for | 8 | | participation in the Program and shall not be disqualified if | 9 | | the injury occurs outside of the State.
| 10 | | (h) The State shall have lien rights against all | 11 | | settlements or moneys otherwise collected due to the injury | 12 | | under this Act, but if the amount collected is less than the | 13 | | amount owed to the State through the Program, the State may not | 14 | | attached anything beyond the moneys given under the Program.
| 15 | | Section 10. Payments to the George Bailey Memorial Fund. | 16 | | The George Bailey Memorial Fund shall be funded pursuant to | 17 | | subsection (p) of Section 27.6 of the Clerks of Courts Act. If | 18 | | the funds available are not adequate to meet the requirements | 19 | | of this Act, the Department of Insurance shall inform the State | 20 | | Treasurer and State Comptroller, and the State Treasurer shall | 21 | | certify and the State Comptroller shall transfer the necessary | 22 | | funds from the Foreign Fire Fund into the George Bailey | 23 | | Memorial Fund. | 24 | | Section 90. The State Finance Act is amended by adding |
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| 1 | | Section 5.866 as follows: | 2 | | (30 ILCS 105/5.866 new) | 3 | | Sec. 5.866. The George Bailey Memorial Fund.
| 4 | | Section 95. The Clerks of Courts Act is amended by changing | 5 | | Section 27.6 as follows:
| 6 | | (705 ILCS 105/27.6)
| 7 | | (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625, | 8 | | 96-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150, | 9 | | 98-658, and 98-1013) | 10 | | Sec. 27.6. (a) All fees, fines, costs, additional | 11 | | penalties, bail balances
assessed or forfeited, and any other | 12 | | amount paid by a person to the circuit
clerk equalling an | 13 | | amount of $55 or more, except the fine imposed by Section | 14 | | 5-9-1.15
of the Unified Code of Corrections, the additional fee | 15 | | required
by subsections (b) and (c), restitution under Section | 16 | | 5-5-6 of the
Unified Code of Corrections, contributions to a | 17 | | local anti-crime program ordered pursuant to Section | 18 | | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | 19 | | Corrections, reimbursement for the costs of an emergency
| 20 | | response as provided under Section 11-501 of the Illinois | 21 | | Vehicle Code,
any fees collected for attending a traffic safety | 22 | | program under paragraph (c)
of Supreme Court Rule 529, any fee | 23 | | collected on behalf of a State's Attorney
under Section 4-2002 |
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| 1 | | of the Counties Code or a sheriff under Section 4-5001
of the | 2 | | Counties Code, or any cost imposed under Section 124A-5 of the | 3 | | Code of
Criminal Procedure of 1963, for convictions, orders of | 4 | | supervision, or any
other disposition for a violation of | 5 | | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | 6 | | similar provision of a local ordinance, and any
violation of | 7 | | the Child Passenger Protection Act, or a similar provision of a
| 8 | | local ordinance, and except as otherwise provided in this | 9 | | Section
shall be disbursed
within 60 days after receipt by the | 10 | | circuit
clerk as follows: 44.5% shall be disbursed to the | 11 | | entity authorized by law to
receive the fine imposed in the | 12 | | case; 16.825% shall be disbursed to the State
Treasurer; and | 13 | | 38.675% shall be disbursed to the county's general corporate
| 14 | | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | 15 | | shall be deposited
by the State Treasurer into the Violent | 16 | | Crime Victims Assistance Fund, 5.052/17
shall be deposited into | 17 | | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall | 18 | | be deposited into the Drivers Education Fund, and 6.948/17 | 19 | | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 | 20 | | deposited into the
Trauma Center Fund from the 16.825% | 21 | | disbursed to the State Treasurer, 50% shall
be disbursed to the | 22 | | Department of Public Health and 50% shall be disbursed to
the | 23 | | Department of Healthcare and Family Services. For fiscal year | 24 | | 1993, amounts deposited into
the Violent Crime Victims | 25 | | Assistance Fund, the Traffic and Criminal
Conviction Surcharge | 26 | | Fund, or the Drivers Education Fund shall not exceed 110%
of |
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| 1 | | the amounts deposited into those funds in fiscal year 1991. Any
| 2 | | amount that exceeds the 110% limit shall be distributed as | 3 | | follows: 50%
shall be disbursed to the county's general | 4 | | corporate fund and 50% shall be
disbursed to the entity | 5 | | authorized by law to receive the fine imposed in
the case. Not | 6 | | later than March 1 of each year the circuit clerk
shall submit | 7 | | a report of the amount of funds remitted to the State
Treasurer | 8 | | under this Section during the preceding year based upon
| 9 | | independent verification of fines and fees. All counties shall | 10 | | be subject
to this Section, except that counties with a | 11 | | population under 2,000,000
may, by ordinance, elect not to be | 12 | | subject to this Section. For offenses
subject to this Section, | 13 | | judges shall impose one total sum of money payable
for | 14 | | violations. The circuit clerk may add on no additional amounts | 15 | | except
for amounts that are required by Sections 27.3a and | 16 | | 27.3c of
this Act, unless those amounts are specifically waived | 17 | | by the judge. With
respect to money collected by the circuit | 18 | | clerk as a result of
forfeiture of bail, ex parte judgment or | 19 | | guilty plea pursuant to Supreme
Court Rule 529, the circuit | 20 | | clerk shall first deduct and pay amounts
required by Sections | 21 | | 27.3a and 27.3c of this Act. This Section is a denial
and | 22 | | limitation of home rule powers and functions under subsection | 23 | | (h) of
Section 6 of Article VII of the Illinois Constitution.
| 24 | | (b) In addition to any other fines and court costs assessed | 25 | | by the courts,
any person convicted or receiving an order of | 26 | | supervision for driving under
the influence of alcohol or drugs |
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| 1 | | shall pay an additional fee of $100 to the
clerk of the circuit | 2 | | court. This amount, less 2 1/2% that shall be used to
defray | 3 | | administrative costs incurred by the clerk, shall be remitted | 4 | | by the
clerk to the Treasurer within 60 days after receipt for | 5 | | deposit into the Trauma
Center Fund. This additional fee of | 6 | | $100 shall not be considered a part of the
fine for purposes of | 7 | | any reduction in the fine for time served either before or
| 8 | | after sentencing. Not later than March 1 of each year the | 9 | | Circuit Clerk shall
submit a report of the amount of funds | 10 | | remitted to the State Treasurer under
this subsection during | 11 | | the preceding calendar year.
| 12 | | (b-1) In addition to any other fines and court costs | 13 | | assessed by the courts,
any person convicted or receiving an | 14 | | order of supervision for driving under the
influence of alcohol | 15 | | or drugs shall pay an additional fee of $5 to the clerk
of the | 16 | | circuit court. This amount, less
2 1/2% that shall be used to | 17 | | defray administrative costs incurred by the clerk,
shall be | 18 | | remitted by the clerk to the Treasurer within 60 days after | 19 | | receipt
for deposit into the Spinal Cord Injury Paralysis Cure | 20 | | Research Trust Fund.
This additional fee of $5 shall not
be | 21 | | considered a part of the fine for purposes of any reduction in | 22 | | the fine for
time served either before or after sentencing. 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 subsection during the preceding calendar
year.
| 26 | | (c) In addition to any other fines and court costs assessed |
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| 1 | | by the courts,
any person convicted for a violation of Sections | 2 | | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or the | 3 | | Criminal Code of 2012 or a person sentenced for a violation of | 4 | | the Cannabis
Control Act, the Illinois Controlled Substances | 5 | | Act, or the Methamphetamine Control and Community Protection | 6 | | Act
shall pay an additional fee of $100 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 Trauma Center Fund. This | 11 | | additional fee of $100 shall not
be considered a part of the | 12 | | fine for purposes of any reduction in the fine for
time served | 13 | | either before or after sentencing. Not later than March 1 of | 14 | | each
year the Circuit Clerk shall submit a report of the amount | 15 | | of funds remitted to
the State Treasurer under this subsection | 16 | | during the preceding calendar year.
| 17 | | (c-1) In addition to any other fines and court costs | 18 | | assessed by the
courts, any person sentenced for a violation of | 19 | | the Cannabis Control Act,
the Illinois Controlled Substances | 20 | | Act, or the Methamphetamine Control and Community Protection | 21 | | Act shall pay an additional fee of $5 to the
clerk of the | 22 | | circuit court. This amount, less 2 1/2% that shall be used to
| 23 | | defray administrative costs incurred by the clerk, shall be | 24 | | remitted by the
clerk to the Treasurer within 60 days after | 25 | | receipt for deposit into the Spinal
Cord Injury Paralysis Cure | 26 | | Research Trust Fund. This additional fee of $5
shall not be |
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| 1 | | considered a part of the fine for purposes of any reduction in | 2 | | the
fine for time served either before or after sentencing. Not | 3 | | later than March 1
of each year the Circuit Clerk shall submit | 4 | | a report of the amount of funds
remitted to the State Treasurer | 5 | | under this subsection during the preceding
calendar year.
| 6 | | (d) The following amounts must be remitted to the State | 7 | | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| 8 | | (1) 50% of the amounts collected for felony offenses | 9 | | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | 10 | | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | 11 | | Animals Act and Section 26-5 or 48-1 of the Criminal Code | 12 | | of
1961 or the Criminal Code of 2012;
| 13 | | (2) 20% of the amounts collected for Class A and Class | 14 | | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | 15 | | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | 16 | | for Animals Act and Section 26-5 or 48-1 of the Criminal
| 17 | | Code of 1961 or the Criminal Code of 2012; and
| 18 | | (3) 50% of the amounts collected for Class C | 19 | | misdemeanors under Sections
4.01 and 7.1 of the Humane Care | 20 | | for Animals Act and Section 26-5 or 48-1 of the
Criminal | 21 | | Code of 1961 or the Criminal Code of 2012.
| 22 | | (e) Any person who receives a disposition of court | 23 | | supervision for a violation of the Illinois Vehicle Code or a | 24 | | similar provision of a local ordinance shall, in addition to | 25 | | any other fines, fees, and court costs, pay an additional fee | 26 | | of $29, to be disbursed as provided in Section 16-104c of the |
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| 1 | | Illinois Vehicle Code. In addition to the fee of $29, the | 2 | | person shall also pay a fee of $6, if not waived by the court. | 3 | | If this $6 fee is collected, $5.50 of the fee shall be | 4 | | deposited into the Circuit Court Clerk Operation and | 5 | | Administrative Fund created by the Clerk of the Circuit Court | 6 | | and 50 cents of the fee shall be deposited into the Prisoner | 7 | | Review Board Vehicle and Equipment Fund in the State treasury.
| 8 | | (f) This Section does not apply to the additional child | 9 | | pornography fines assessed and collected under Section | 10 | | 5-9-1.14 of the Unified Code of Corrections.
| 11 | | (g) (Blank). | 12 | | (h) (Blank). | 13 | | (i)
Of the amounts collected as fines under subsection (b) | 14 | | of Section 3-712 of the Illinois Vehicle Code, 99% shall be | 15 | | deposited into the Illinois Military Family Relief Fund and 1% | 16 | | shall be deposited into the Circuit Court Clerk Operation and | 17 | | Administrative Fund created by the Clerk of the Circuit Court | 18 | | to be used to offset the costs incurred by the Circuit Court | 19 | | Clerk in performing the additional duties required to collect | 20 | | and disburse funds to entities of State and local government as | 21 | | provided by law.
| 22 | | (j) Any person convicted of, pleading guilty to, or placed | 23 | | on supervision for a serious traffic violation, as defined in | 24 | | Section 1-187.001 of the Illinois Vehicle Code, a violation of | 25 | | Section 11-501 of the Illinois Vehicle Code, or a violation of | 26 | | a similar provision of a local ordinance shall pay an |
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| 1 | | additional fee of $35, to be disbursed as provided in Section | 2 | | 16-104d of that Code. | 3 | | This subsection (j) becomes inoperative on January 1, 2020. | 4 | | (k) For any conviction or disposition of court supervision | 5 | | for a violation of Section 11-1429 of the Illinois Vehicle | 6 | | Code, the circuit clerk shall distribute the fines paid by the | 7 | | person as specified by subsection (h) of Section 11-1429 of the | 8 | | Illinois Vehicle Code. | 9 | | (l) Any person who receives a disposition of court | 10 | | supervision for a violation of Section 11-501 of the Illinois | 11 | | Vehicle Code or a similar provision of a local ordinance shall, | 12 | | in addition to any other fines, fees, and court costs, pay an | 13 | | additional fee of $50, which shall
be collected by the circuit | 14 | | clerk and then remitted to the State Treasurer for deposit into | 15 | | the Roadside Memorial Fund, a special fund in the State | 16 | | treasury. However, the court may waive the fee if full | 17 | | restitution is complied with. Subject to appropriation, all | 18 | | moneys in the Roadside Memorial Fund shall be used by the | 19 | | Department of Transportation to pay fees imposed under | 20 | | subsection (f) of Section 20 of the Roadside Memorial Act. The | 21 | | fee shall be remitted by the circuit clerk within one month | 22 | | after receipt to the State Treasurer for deposit into the | 23 | | Roadside Memorial Fund. | 24 | | (m) Of the amounts collected as fines under subsection (c) | 25 | | of Section 411.4 of the Illinois Controlled Substances Act or | 26 | | subsection (c) of Section 90 of the Methamphetamine Control and |
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| 1 | | Community Protection Act, 99% shall be deposited to the law | 2 | | enforcement agency or fund specified and 1% shall be deposited | 3 | | into the Circuit Court Clerk Operation and Administrative Fund | 4 | | to be used to offset the costs incurred by the Circuit Court | 5 | | Clerk in performing the additional duties required to collect | 6 | | and disburse funds to entities of State and local government as | 7 | | provided by law. | 8 | | (n) In addition to any other fines and court costs assessed | 9 | | by the courts, any person who is convicted of or pleads guilty | 10 | | to a violation of the Criminal Code of 1961 or the Criminal | 11 | | Code of 2012, or a similar provision of a local ordinance, or | 12 | | who is convicted of, pleads guilty to, or receives a | 13 | | disposition of court supervision for a violation of the | 14 | | Illinois Vehicle Code, or a similar provision of a local | 15 | | ordinance, shall pay an additional fee of $15 to the clerk of | 16 | | the circuit court. This additional fee of $15 shall not be | 17 | | considered a part of the fine for purposes of any reduction in | 18 | | the fine for time served either before or after sentencing. | 19 | | This amount, less 2.5% that shall be used to defray | 20 | | administrative costs incurred by the clerk, shall be remitted | 21 | | by the clerk to the State Treasurer within 60 days after | 22 | | receipt for deposit into the State Police Merit Board Public | 23 | | Safety Fund. | 24 | | (o) The amounts collected as fines under Sections 10-9, | 25 | | 11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall | 26 | | be collected by the circuit clerk and distributed as provided |
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| 1 | | under Section 5-9-1.21 of the Unified Code of Corrections in | 2 | | lieu of any disbursement under subsection (a) of this Section. | 3 | | (p) In addition to any other fees and penalties imposed, | 4 | | any person who is convicted of or pleads guilty to a violation | 5 | | of Section 20-1 or Section 20-1.1 of the Criminal Code of 2012 | 6 | | shall pay an additional fee of $250 to the clerk of the circuit | 7 | | court. This additional fee of $250 shall not be considered a | 8 | | part of the fine for purposes of any reduction in the fine for | 9 | | time served either before or after sentencing. This amount, | 10 | | less 2.5% that shall be used to defray administrative costs | 11 | | incurred by the clerk, shall be remitted by the clerk to the | 12 | | State Treasurer within 60 days after receipt for deposit into | 13 | | the George Bailey Memorial Fund. | 14 | | (Source: P.A. 97-434, eff. 1-1-12; 97-1051, eff. 1-1-13; | 15 | | 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-658, eff. | 16 | | 6-23-14; 98-1013, eff. 1-1-15; revised 10-2-14.) | 17 | | (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667, | 18 | | 96-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150, | 19 | | 98-658, and 98-1013) | 20 | | Sec. 27.6. (a) All fees, fines, costs, additional | 21 | | penalties, bail balances
assessed or forfeited, and any other | 22 | | amount paid by a person to the circuit
clerk equalling an | 23 | | amount of $55 or more, except the fine imposed by Section | 24 | | 5-9-1.15
of the Unified Code of Corrections, the additional fee | 25 | | required
by subsections (b) and (c), restitution under Section |
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| 1 | | 5-5-6 of the
Unified Code of Corrections, contributions to a | 2 | | local anti-crime program ordered pursuant to Section | 3 | | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | 4 | | Corrections, reimbursement for the costs of an emergency
| 5 | | response as provided under Section 11-501 of the Illinois | 6 | | Vehicle Code,
any fees collected for attending a traffic safety | 7 | | program under paragraph (c)
of Supreme Court Rule 529, any fee | 8 | | collected on behalf of a State's Attorney
under Section 4-2002 | 9 | | of the Counties Code or a sheriff under Section 4-5001
of the | 10 | | Counties Code, or any cost imposed under Section 124A-5 of the | 11 | | Code of
Criminal Procedure of 1963, for convictions, orders of | 12 | | supervision, or any
other disposition for a violation of | 13 | | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | 14 | | similar provision of a local ordinance, and any
violation of | 15 | | the Child Passenger Protection Act, or a similar provision of a
| 16 | | local ordinance, and except as otherwise provided in this | 17 | | Section
shall be disbursed
within 60 days after receipt by the | 18 | | circuit
clerk as follows: 44.5% shall be disbursed to the | 19 | | entity authorized by law to
receive the fine imposed in the | 20 | | case; 16.825% shall be disbursed to the State
Treasurer; and | 21 | | 38.675% shall be disbursed to the county's general corporate
| 22 | | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | 23 | | shall be deposited
by the State Treasurer into the Violent | 24 | | Crime Victims Assistance Fund, 5.052/17
shall be deposited into | 25 | | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall | 26 | | be deposited into the Drivers Education Fund, and 6.948/17 |
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| 1 | | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 | 2 | | deposited into the
Trauma Center Fund from the 16.825% | 3 | | disbursed to the State Treasurer, 50% shall
be disbursed to the | 4 | | Department of Public Health and 50% shall be disbursed to
the | 5 | | Department of Healthcare and Family Services. For fiscal year | 6 | | 1993, amounts deposited into
the Violent Crime Victims | 7 | | Assistance Fund, the Traffic and Criminal
Conviction Surcharge | 8 | | Fund, or the Drivers Education Fund shall not exceed 110%
of | 9 | | the amounts deposited into those funds in fiscal year 1991. Any
| 10 | | amount that exceeds the 110% limit shall be distributed as | 11 | | follows: 50%
shall be disbursed to the county's general | 12 | | corporate fund and 50% shall be
disbursed to the entity | 13 | | authorized by law to receive the fine imposed in
the case. 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 Section during the preceding year based upon
| 17 | | independent verification of fines and fees. All counties shall | 18 | | be subject
to this Section, except that counties with a | 19 | | population under 2,000,000
may, by ordinance, elect not to be | 20 | | subject to this Section. For offenses
subject to this Section, | 21 | | judges shall impose one total sum of money payable
for | 22 | | violations. The circuit clerk may add on no additional amounts | 23 | | except
for amounts that are required by Sections 27.3a and | 24 | | 27.3c of
this Act, Section 16-104c of the Illinois Vehicle | 25 | | Code, and subsection (a) of Section 5-1101 of the Counties | 26 | | Code, unless those amounts are specifically waived by the |
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| 1 | | judge. With
respect to money collected by the circuit clerk as | 2 | | a result of
forfeiture of bail, ex parte judgment or guilty | 3 | | plea pursuant to Supreme
Court Rule 529, the circuit clerk | 4 | | shall first deduct and pay amounts
required by Sections 27.3a | 5 | | and 27.3c of this Act. Unless a court ordered payment schedule | 6 | | is implemented or fee requirements are waived pursuant to court | 7 | | order, the clerk of the court may add to any unpaid fees and | 8 | | costs a delinquency amount equal to 5% of the unpaid fees that | 9 | | remain unpaid after 30 days, 10% of the unpaid fees that remain | 10 | | unpaid after 60 days, and 15% of the unpaid fees that remain | 11 | | unpaid after 90 days. Notice to those parties may be made by | 12 | | signage posting or publication. The additional delinquency | 13 | | amounts collected under this Section shall be deposited in the | 14 | | Circuit Court Clerk Operation and Administrative Fund to be | 15 | | used to defray administrative costs incurred by the circuit | 16 | | clerk in performing the duties required to collect and disburse | 17 | | funds. This Section is a denial
and limitation of home rule | 18 | | powers and functions under subsection (h) of
Section 6 of | 19 | | Article VII of the Illinois Constitution.
| 20 | | (b) In addition to any other fines and court costs assessed | 21 | | by the courts,
any person convicted or receiving an order of | 22 | | supervision for driving under
the influence of alcohol or drugs | 23 | | shall pay an additional fee of $100 to the
clerk of the circuit | 24 | | court. This amount, less 2 1/2% that shall be used to
defray | 25 | | administrative costs incurred by the clerk, shall be remitted | 26 | | by the
clerk to the Treasurer within 60 days after receipt for |
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| 1 | | deposit into the Trauma
Center Fund. This additional fee of | 2 | | $100 shall not be considered a part of the
fine for purposes of | 3 | | any reduction in the fine for time served either before or
| 4 | | after sentencing. Not later than March 1 of each year the | 5 | | Circuit Clerk shall
submit a report of the amount of funds | 6 | | remitted to the State Treasurer under
this subsection during | 7 | | the preceding calendar year.
| 8 | | (b-1) In addition to any other fines and court costs | 9 | | assessed by the courts,
any person convicted or receiving an | 10 | | order of supervision for driving under the
influence of alcohol | 11 | | or drugs shall pay an additional fee of $5 to the clerk
of the | 12 | | circuit court. This amount, less
2 1/2% that shall be used to | 13 | | defray administrative costs incurred by the clerk,
shall be | 14 | | remitted by the clerk to the Treasurer within 60 days after | 15 | | receipt
for deposit into the Spinal Cord Injury Paralysis Cure | 16 | | Research Trust Fund.
This additional fee of $5 shall not
be | 17 | | considered a part of the fine for purposes of any reduction in | 18 | | the fine for
time served either before or after sentencing. Not | 19 | | later than March 1 of each
year the Circuit Clerk shall submit | 20 | | a report of the amount of funds remitted to
the State Treasurer | 21 | | under this subsection during the preceding calendar
year.
| 22 | | (c) In addition to any other fines and court costs assessed | 23 | | by the courts,
any person convicted for a violation of Sections | 24 | | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or the | 25 | | Criminal Code of 2012 or a person sentenced for a violation of | 26 | | the Cannabis
Control Act, the Illinois Controlled Substances |
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| 1 | | Act, or the Methamphetamine Control and Community Protection | 2 | | Act
shall pay an additional fee of $100 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 Trauma Center Fund. This | 7 | | additional fee of $100 shall not
be considered a part of the | 8 | | fine for purposes of any reduction in the fine for
time served | 9 | | either before or after sentencing. Not later than March 1 of | 10 | | each
year the Circuit Clerk shall submit a report of the amount | 11 | | of funds remitted to
the State Treasurer under this subsection | 12 | | during the preceding calendar year.
| 13 | | (c-1) In addition to any other fines and court costs | 14 | | assessed by the
courts, any person sentenced for a violation of | 15 | | the Cannabis Control Act,
the Illinois Controlled Substances | 16 | | Act, or the Methamphetamine Control and Community Protection | 17 | | Act shall pay an additional fee of $5 to the
clerk of the | 18 | | circuit court. This amount, less 2 1/2% that shall be used to
| 19 | | defray administrative costs incurred by the clerk, shall be | 20 | | remitted by the
clerk to the Treasurer within 60 days after | 21 | | receipt for deposit into the Spinal
Cord Injury Paralysis Cure | 22 | | Research Trust Fund. This additional fee of $5
shall not be | 23 | | considered a part of the fine for purposes of any reduction in | 24 | | the
fine for time served either before or after sentencing. Not | 25 | | later than March 1
of each year the Circuit Clerk shall submit | 26 | | a report of the amount of funds
remitted to the State Treasurer |
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| 1 | | under this subsection during the preceding
calendar year.
| 2 | | (d) The following amounts must be remitted to the State | 3 | | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| 4 | | (1) 50% of the amounts collected for felony offenses | 5 | | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | 6 | | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | 7 | | Animals Act and Section 26-5 or 48-1 of the Criminal Code | 8 | | of
1961 or the Criminal Code of 2012;
| 9 | | (2) 20% of the amounts collected for Class A and Class | 10 | | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | 11 | | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | 12 | | for Animals Act and Section 26-5 or 48-1 of the Criminal
| 13 | | Code of 1961 or the Criminal Code of 2012; and
| 14 | | (3) 50% of the amounts collected for Class C | 15 | | misdemeanors under Sections
4.01 and 7.1 of the Humane Care | 16 | | for Animals Act and Section 26-5 or 48-1 of the
Criminal | 17 | | Code of 1961 or the Criminal Code of 2012.
| 18 | | (e) Any person who receives a disposition of court | 19 | | supervision for a violation of the Illinois Vehicle Code or a | 20 | | similar provision of a local ordinance shall, in addition to | 21 | | any other fines, fees, and court costs, pay an additional fee | 22 | | of $29, to be disbursed as provided in Section 16-104c of the | 23 | | Illinois Vehicle Code. In addition to the fee of $29, the | 24 | | person shall also pay a fee of $6, if not waived by the court. | 25 | | If this $6 fee is collected, $5.50 of the fee shall be | 26 | | deposited into the Circuit Court Clerk Operation and |
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| 1 | | Administrative Fund created by the Clerk of the Circuit Court | 2 | | and 50 cents of the fee shall be deposited into the Prisoner | 3 | | Review Board Vehicle and Equipment Fund in the State treasury.
| 4 | | (f) This Section does not apply to the additional child | 5 | | pornography fines assessed and collected under Section | 6 | | 5-9-1.14 of the Unified Code of Corrections.
| 7 | | (g) Any person convicted of or pleading guilty to a serious | 8 | | traffic violation, as defined in Section 1-187.001 of the | 9 | | Illinois Vehicle Code, shall pay an additional fee of $35, to | 10 | | be disbursed as provided in Section 16-104d of that Code. This | 11 | | subsection (g) becomes inoperative on January 1, 2020. | 12 | | (h) In all counties having a population of 3,000,000 or | 13 | | more inhabitants, | 14 | | (1) A person who is found guilty of or pleads guilty to | 15 | | violating subsection (a) of Section 11-501 of the Illinois | 16 | | Vehicle Code, including any person placed on court | 17 | | supervision for violating subsection (a), shall be fined | 18 | | $750 as provided for by subsection (f) of Section 11-501.01 | 19 | | of the Illinois Vehicle Code, payable to the circuit clerk, | 20 | | who shall distribute the money pursuant to subsection (f) | 21 | | of Section 11-501.01 of the Illinois Vehicle Code. | 22 | | (2) When a crime laboratory DUI analysis fee of $150, | 23 | | provided for by Section 5-9-1.9 of the Unified Code of | 24 | | Corrections is assessed, it shall be disbursed by the | 25 | | circuit clerk as provided by subsection (f) of Section | 26 | | 5-9-1.9 of the Unified Code of Corrections. |
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| 1 | | (3) When a fine for a violation of Section 11-605.1 of | 2 | | the Illinois Vehicle Code is $250 or greater, the person | 3 | | who violated that Section shall be charged an additional | 4 | | $125 as provided for by subsection (e) of Section 11-605.1 | 5 | | of the Illinois Vehicle Code, which shall be disbursed by | 6 | | the circuit clerk to a State or county Transportation | 7 | | Safety Highway Hire-back Fund as provided by subsection (e) | 8 | | of Section 11-605.1 of the Illinois Vehicle Code. | 9 | | (4) When a fine for a violation of subsection (a) of | 10 | | Section 11-605 of the Illinois Vehicle Code is $150 or | 11 | | greater, the additional $50 which is charged as provided | 12 | | for by subsection (f) of Section 11-605 of the Illinois | 13 | | Vehicle Code shall be disbursed by the circuit clerk to a | 14 | | school district or districts for school safety purposes as | 15 | | provided by subsection (f) of Section 11-605. | 16 | | (5) When a fine for a violation of subsection (a) of | 17 | | Section 11-1002.5 of the Illinois Vehicle Code is $150 or | 18 | | greater, the additional $50 which is charged as provided | 19 | | for by subsection (c) of Section 11-1002.5 of the Illinois | 20 | | Vehicle Code shall be disbursed by the circuit clerk to a | 21 | | school district or districts for school safety purposes as | 22 | | provided by subsection (c) of Section 11-1002.5 of the | 23 | | Illinois Vehicle Code. | 24 | | (6) When a mandatory drug court fee of up to $5 is | 25 | | assessed as provided in subsection (f) of Section 5-1101 of | 26 | | the Counties Code, it shall be disbursed by the circuit |
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| 1 | | clerk as provided in subsection (f) of Section 5-1101 of | 2 | | the Counties Code. | 3 | | (7) When a mandatory teen court, peer jury, youth | 4 | | court, or other youth diversion program fee is assessed as | 5 | | provided in subsection (e) of Section 5-1101 of the | 6 | | Counties Code, it shall be disbursed by the circuit clerk | 7 | | as provided in subsection (e) of Section 5-1101 of the | 8 | | Counties Code. | 9 | | (8) When a Children's Advocacy Center fee is assessed | 10 | | pursuant to subsection (f-5) of Section 5-1101 of the | 11 | | Counties Code, it shall be disbursed by the circuit clerk | 12 | | as provided in subsection (f-5) of Section 5-1101 of the | 13 | | Counties Code. | 14 | | (9) When a victim impact panel fee is assessed pursuant | 15 | | to subsection (b) of Section 11-501.01 of the Vehicle Code, | 16 | | it shall be disbursed by the circuit clerk to the victim | 17 | | impact panel to be attended by the defendant. | 18 | | (10) When a new fee collected in traffic cases is | 19 | | enacted after the effective date of this subsection (h), it | 20 | | shall be excluded from the percentage disbursement | 21 | | provisions of this Section unless otherwise indicated by | 22 | | law. | 23 | | (i)
Of the amounts collected as fines under subsection (b) | 24 | | of Section 3-712 of the Illinois Vehicle Code, 99% shall be | 25 | | deposited into the Illinois Military Family Relief Fund and 1% | 26 | | shall be deposited into the Circuit Court Clerk Operation and |
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| 1 | | Administrative Fund created by the Clerk of the Circuit Court | 2 | | to be used to offset the costs incurred by the Circuit Court | 3 | | Clerk in performing the additional duties required to collect | 4 | | and disburse funds to entities of State and local government as | 5 | | provided by law.
| 6 | | (j) (Blank). | 7 | | (k) For any conviction or disposition of court supervision | 8 | | for a violation of Section 11-1429 of the Illinois Vehicle | 9 | | Code, the circuit clerk shall distribute the fines paid by the | 10 | | person as specified by subsection (h) of Section 11-1429 of the | 11 | | Illinois Vehicle Code. | 12 | | (l) Any person who receives a disposition of court | 13 | | supervision for a violation of Section 11-501 of the Illinois | 14 | | Vehicle Code or a similar provision of a local ordinance shall, | 15 | | in addition to any other fines, fees, and court costs, pay an | 16 | | additional fee of $50, which shall
be collected by the circuit | 17 | | clerk and then remitted to the State Treasurer for deposit into | 18 | | the Roadside Memorial Fund, a special fund in the State | 19 | | treasury. However, the court may waive the fee if full | 20 | | restitution is complied with. Subject to appropriation, all | 21 | | moneys in the Roadside Memorial Fund shall be used by the | 22 | | Department of Transportation to pay fees imposed under | 23 | | subsection (f) of Section 20 of the Roadside Memorial Act. The | 24 | | fee shall be remitted by the circuit clerk within one month | 25 | | after receipt to the State Treasurer for deposit into the | 26 | | Roadside Memorial Fund. |
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| 1 | | (m) Of the amounts collected as fines under subsection (c) | 2 | | of Section 411.4 of the Illinois Controlled Substances Act or | 3 | | subsection (c) of Section 90 of the Methamphetamine Control and | 4 | | Community Protection Act, 99% shall be deposited to the law | 5 | | enforcement agency or fund specified and 1% shall be deposited | 6 | | into the Circuit Court Clerk Operation and Administrative Fund | 7 | | to be used to offset the costs incurred by the Circuit Court | 8 | | Clerk in performing the additional duties required to collect | 9 | | and disburse funds to entities of State and local government as | 10 | | provided by law. | 11 | | (n) In addition to any other fines and court costs assessed | 12 | | by the courts, any person who is convicted of or pleads guilty | 13 | | to a violation of the Criminal Code of 1961 or the Criminal | 14 | | Code of 2012, or a similar provision of a local ordinance, or | 15 | | who is convicted of, pleads guilty to, or receives a | 16 | | disposition of court supervision for a violation of the | 17 | | Illinois Vehicle Code, or a similar provision of a local | 18 | | ordinance, shall pay an additional fee of $15 to the clerk of | 19 | | the circuit court. This additional fee of $15 shall not be | 20 | | considered a part of the fine for purposes of any reduction in | 21 | | the fine for time served either before or after sentencing. | 22 | | This amount, less 2.5% that shall be used to defray | 23 | | administrative costs incurred by the clerk, shall be remitted | 24 | | by the clerk to the State Treasurer within 60 days after | 25 | | receipt for deposit into the State Police Merit Board Public | 26 | | Safety Fund. |
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| 1 | | (o) The amounts collected as fines under Sections 10-9, | 2 | | 11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall | 3 | | be collected by the circuit clerk and distributed as provided | 4 | | under Section 5-9-1.21 of the Unified Code of Corrections in | 5 | | lieu of any disbursement under subsection (a) of this Section. | 6 | | (p) In addition to any other fees and penalties imposed, | 7 | | any person who is convicted of or pleads guilty to a violation | 8 | | of Section 20-1 or Section 20-1.1 of the Criminal Code of 2012 | 9 | | shall pay an additional fee of $250 to the clerk of the circuit | 10 | | court. This additional fee of $250 shall not be considered a | 11 | | part of the fine for purposes of any reduction in the fine for | 12 | | time served either before or after sentencing. This amount, | 13 | | less 2.5% that shall be used to defray administrative costs | 14 | | incurred by the clerk, shall be remitted by the clerk to the | 15 | | State Treasurer within 60 days after receipt for deposit into | 16 | | the George Bailey Memorial Fund. | 17 | | (Source: P.A. 97-434, eff. 1-1-12; 97-1051, eff. 1-1-13; | 18 | | 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-658, eff. | 19 | | 6-23-14; 98-1013, eff. 1-1-15; revised 10-2-14.)".
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