Full Text of HB3733 100th General Assembly
HB3733ham001 100TH GENERAL ASSEMBLY | Rep. Silvana Tabares Filed: 3/24/2017
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| 1 | | AMENDMENT TO HOUSE BILL 3733
| 2 | | AMENDMENT NO. ______. Amend House Bill 3733 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Code of 2012 is amended by | 5 | | changing Sections 24-3A and 24-3B as follows:
| 6 | | (720 ILCS 5/24-3A)
| 7 | | Sec. 24-3A. Gunrunning.
| 8 | | (a) A person commits gunrunning when he or she transfers 3 | 9 | | or
more firearms in violation of any of the paragraphs of | 10 | | Section 24-3 of this
Code.
| 11 | | (b) Sentence. A person who commits gunrunning: | 12 | | (1) is guilty of a Class 1
felony; | 13 | | (2) is guilty of a Class X felony for which the | 14 | | sentence shall be a term of imprisonment of not less than 8 | 15 | | years and not more than 40 years if the transfer is of not | 16 | | less than 11 firearms and not more than 20 firearms; |
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| 1 | | (3) is guilty of a Class X felony for which the | 2 | | sentence shall be a term of imprisonment of not less than | 3 | | 10 years and not more than 50 years if the transfer is of | 4 | | more than 20 firearms. | 5 | | A person who commits gunrunning by transferring firearms to a | 6 | | person
who, at the time of the commission of the offense, is | 7 | | under 18 years of age is
guilty of a Class X felony.
| 8 | | (c) In addition to any other penalties, a person convicted | 9 | | of gunrunning shall pay a fee of $500 to the clerk which shall | 10 | | be forwarded to the State Treasurer. The fee shall be deposited | 11 | | into the Traffic and Criminal Conviction Surcharge Fund to be | 12 | | used for grants by the Illinois Law Enforcement Training | 13 | | Standards Board to units of local government to purchase | 14 | | bulletproof vests for local police departments and to hire | 15 | | peace officers. | 16 | | (Source: P.A. 93-906, eff. 8-11-04.)
| 17 | | (720 ILCS 5/24-3B) | 18 | | Sec. 24-3B. Firearms trafficking. | 19 | | (a) A person commits firearms trafficking when he or she | 20 | | has not been issued a currently valid Firearm Owner's | 21 | | Identification Card and knowingly: | 22 | | (1) brings, or causes to be brought, into this State, a | 23 | | firearm or firearm ammunition for the purpose of sale, | 24 | | delivery, or transfer to any other person or with the | 25 | | intent to sell, deliver, or transfer the firearm or firearm |
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| 1 | | ammunition to any other person; or | 2 | | (2) brings, or causes to be brought, into this State, a | 3 | | firearm and firearm ammunition for the purpose of sale, | 4 | | delivery, or transfer to any other person or with the | 5 | | intent to sell, deliver, or transfer the firearm and | 6 | | firearm ammunition to any other person. | 7 | | (a-5) This Section does not apply to: | 8 | | (1) a person exempt under Section 2 of the Firearm | 9 | | Owners Identification Card Act from the requirement of | 10 | | having possession of a Firearm Owner's Identification Card | 11 | | previously issued in his or her name by the Department of | 12 | | State Police in order to acquire or possess a firearm or | 13 | | firearm ammunition; | 14 | | (2) a common carrier under subsection (i) of Section | 15 | | 24-2 of this Code; or | 16 | | (3) a non-resident who may lawfully possess a firearm | 17 | | in his or her resident state. | 18 | | (b) Sentence. | 19 | | (1) Firearms trafficking is a Class 1 felony for which | 20 | | the person, if sentenced to a term of imprisonment, shall | 21 | | be sentenced to not less than 4 years and not more than 20 | 22 | | years. | 23 | | (2) Firearms trafficking by a person who has been | 24 | | previously convicted of firearms trafficking, gunrunning, | 25 | | or a felony offense for the unlawful sale, delivery, or | 26 | | transfer of a firearm or firearm ammunition in this State |
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| 1 | | or another jurisdiction is a Class X felony.
| 2 | | (c) In addition to any other penalties, a person convicted | 3 | | of firearm trafficking shall pay a fee of $500 to the clerk | 4 | | which shall be forwarded to the State Treasurer. The fee shall | 5 | | be deposited into the Traffic and Criminal Conviction Surcharge | 6 | | Fund to be used for grants by the Illinois Law Enforcement | 7 | | Training Standards Board to units of local government to | 8 | | purchase bulletproof vests for local police departments and to | 9 | | hire peace officers. | 10 | | (Source: P.A. 99-885, eff. 8-23-16.) | 11 | | Section 10. The Unified Code of Corrections is amended by | 12 | | adding Section 5-9-1 as follows:
| 13 | | (730 ILCS 5/5-9-1) (from Ch. 38, par. 1005-9-1)
| 14 | | Sec. 5-9-1. Authorized fines ; fees .
| 15 | | (a) An offender may be sentenced to pay a
fine as provided | 16 | | in Article 4.5 of Chapter V.
| 17 | | (b) (Blank.)
| 18 | | (c) There shall be added to every fine imposed in | 19 | | sentencing for a
criminal or traffic offense, except an offense | 20 | | relating to parking or
registration, or offense by a | 21 | | pedestrian, an additional penalty of $15 for
each $40, or | 22 | | fraction thereof, of fine imposed.
The additional penalty of | 23 | | $15 for each $40, or fraction thereof, of fine
imposed, if not | 24 | | otherwise assessed, shall also be added to every fine
imposed |
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| 1 | | upon a plea of guilty, stipulation of facts or findings of | 2 | | guilty,
resulting in a judgment of conviction, or order of | 3 | | supervision in criminal,
traffic, local ordinance, county | 4 | | ordinance, and conservation cases (except
parking, | 5 | | registration, or pedestrian violations), or upon
a sentence of | 6 | | probation without entry of judgment under Section 10 of the
| 7 | | Cannabis Control Act, Section 410 of the Illinois Controlled | 8 | | Substances Act, or Section 70 of the Methamphetamine Control | 9 | | and Community Protection Act.
| 10 | | Such additional amounts shall be assessed by the court | 11 | | imposing
the fine and shall be collected by the Circuit Clerk | 12 | | in addition to the
fine and costs in the case. Each such | 13 | | additional penalty shall be
remitted by the Circuit Clerk | 14 | | within one month after receipt to the State
Treasurer. The | 15 | | State Treasurer shall deposit $1 for each $40, or fraction
| 16 | | thereof, of fine imposed into the LEADS Maintenance Fund. The | 17 | | State Treasurer shall deposit $3 for each $40, or fraction
| 18 | | thereof, of fine imposed into the Law Enforcement Camera Grant | 19 | | Fund. The remaining
surcharge amount shall be deposited into | 20 | | the Traffic and Criminal Conviction
Surcharge
Fund, unless the | 21 | | fine, costs or additional amounts are subject to
disbursement | 22 | | by the circuit clerk under Section 27.5 of the Clerks of
Courts | 23 | | Act. Such additional penalty shall not be considered a part of | 24 | | the fine
for purposes of any reduction in the fine for time | 25 | | served either before or
after sentencing.
Not later than March | 26 | | 1 of each year the Circuit Clerk
shall submit a report of the |
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| 1 | | amount of funds remitted to the State
Treasurer under this | 2 | | subsection (c) during the preceding calendar year.
Except as | 3 | | otherwise provided by Supreme Court Rules, if a court in | 4 | | imposing
a fine against an offender levies a gross
amount for | 5 | | fine, costs, fees and penalties, the amount of the additional
| 6 | | penalty provided for herein shall be computed on the amount | 7 | | remaining after
deducting from the gross amount levied all fees | 8 | | of the Circuit Clerk, the
State's Attorney and the Sheriff. | 9 | | After deducting from the gross amount
levied the fees and | 10 | | additional penalty provided for herein, less any other
| 11 | | additional penalties provided by law, the clerk shall remit the | 12 | | net balance
remaining to the entity authorized by law to | 13 | | receive the fine imposed in
the case. For purposes of this | 14 | | Section "fees of the Circuit Clerk" shall
include, if | 15 | | applicable, the fee provided for under Section 27.3a of the
| 16 | | Clerks of Courts Act and the fee, if applicable, payable to the | 17 | | county in
which the violation occurred pursuant to Section | 18 | | 5-1101 of the Counties Code.
| 19 | | (c-1) In addition to the fines imposed by subsection (c), | 20 | | any person
convicted of gunrunning or firearms trafficking | 21 | | shall pay a fee of $500 to the clerk. Each fee shall be
| 22 | | remitted by the clerk within one month after receipt to the | 23 | | State
Treasurer. The State Treasurer shall deposit the fee into | 24 | | the Traffic and Criminal Conviction
Surcharge
Fund to be used | 25 | | by the Illinois Law Enforcement Training Standards Board as | 26 | | grants by the Illinois Law Enforcement Training Standards Board |
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| 1 | | to units of local government to purchase bulletproof vests for | 2 | | local police departments and to hire peace officers. | 3 | | (c-5) In addition to the fines imposed by subsection (c), | 4 | | any person
convicted or receiving an order of supervision for | 5 | | driving under the influence
of alcohol or drugs shall pay an | 6 | | additional $100 fee to the clerk.
This
additional fee, less 2 | 7 | | 1/2% that shall be
used to defray administrative costs incurred | 8 | | by the clerk, shall be remitted by
the clerk to the Treasurer | 9 | | within 60 days after receipt for deposit into the
Trauma Center | 10 | | Fund. This additional fee of $100 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.
Not later than | 13 | | March 1 of each year the Circuit Clerk
shall submit a report of | 14 | | the amount of funds remitted to the State
Treasurer under this | 15 | | subsection (c-5) during the preceding calendar year.
| 16 | | The Circuit Clerk may accept payment of fines and costs by | 17 | | credit card
from an offender who has been convicted of a | 18 | | traffic offense, petty offense
or misdemeanor and may charge | 19 | | the service fee permitted where fines and
costs are paid by | 20 | | credit card provided for in Section 27.3b of the Clerks
of | 21 | | Courts Act.
| 22 | | (c-7) In addition to the fines imposed by subsection (c), | 23 | | any person
convicted or receiving an order of supervision for | 24 | | driving under the influence
of alcohol or drugs shall pay an | 25 | | additional $5 fee to the clerk. This
additional fee, less 2 | 26 | | 1/2% that shall be
used to defray administrative costs incurred |
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| 1 | | by the clerk, shall be remitted by
the clerk to the Treasurer | 2 | | within 60 days after receipt for deposit into the
Spinal Cord | 3 | | Injury Paralysis Cure Research Trust Fund. This additional fee | 4 | | of
$5 shall not be
considered a part of
the
fine for purposes | 5 | | of any reduction in the fine for time served either before or
| 6 | | after sentencing.
Not later than March 1 of each year the | 7 | | Circuit Clerk
shall submit a report of the amount of funds | 8 | | remitted to the State
Treasurer under this subsection (c-7) | 9 | | during the preceding calendar year.
| 10 | | (c-9) (Blank).
| 11 | | (d) In determining the amount and method of payment of a | 12 | | fine, except
for those fines established for violations of | 13 | | Chapter 15 of the Illinois
Vehicle Code, the court shall | 14 | | consider:
| 15 | | (1) the financial resources and future ability of the | 16 | | offender to pay
the fine; and
| 17 | | (2) whether the fine will prevent the offender from | 18 | | making court ordered
restitution or reparation to the | 19 | | victim of the offense; and
| 20 | | (3) in a case where the accused is a dissolved | 21 | | corporation and the
court has appointed counsel to | 22 | | represent the corporation, the costs
incurred either by the | 23 | | county or the State for such representation.
| 24 | | (e) The court may order the fine to be paid forthwith or | 25 | | within a
specified period of time or in installments.
| 26 | | (f) All fines, costs and additional amounts imposed under |
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| 1 | | this Section
for any violation of Chapters 3, 4, 6, and 11 of | 2 | | the Illinois Vehicle Code,
or a similar provision of a local | 3 | | ordinance, and any violation of the Child
Passenger Protection | 4 | | Act, or a similar provision of a local ordinance,
shall be | 5 | | collected and disbursed by the circuit clerk as provided under
| 6 | | Section 27.5 of the Clerks of Courts Act.
| 7 | | (Source: P.A. 99-352, eff. 1-1-16 .)".
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