Full Text of SB2791 100th General Assembly
SB2791sam001 100TH GENERAL ASSEMBLY | Sen. Michael Connelly Filed: 5/9/2018
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| 1 | | AMENDMENT TO SENATE BILL 2791
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2791 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Finance Act is amended by adding | 5 | | Sections 5.886 and 6z-98.5 as follows: | 6 | | (30 ILCS 105/5.886 new) | 7 | | Sec. 5.886. The Mental Health Reporting Continuing | 8 | | Education Fund. | 9 | | (30 ILCS 105/6z-98.5 new) | 10 | | Sec. 6z-98.5. Mental Health Reporting Continuing Education | 11 | | Fund. | 12 | | (a) There is created in the State treasury a special fund | 13 | | known as the Mental Health Reporting Continuing Education Fund. | 14 | | The Fund shall receive revenue under subsection (c-12) of | 15 | | Section 5-9-1 of the Unified Code of Corrections. The Fund may |
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| 1 | | also receive revenue from grants, donations, appropriations, | 2 | | and any other legal source. | 3 | | (b) The executive director of the Administrative Office of | 4 | | the Illinois Courts shall use moneys in the Fund to reimburse | 5 | | circuit court judges and circuit court clerks for continuing | 6 | | education programs for reporting information to the Department | 7 | | of State Police required under Section 6-103.1 of the Mental | 8 | | Health and Developmental Disabilities Code relating to persons | 9 | | prohibited from possessing a firearm under the Firearm Owners | 10 | | Identification Card Act. | 11 | | (c) Expenditures may be made from the Fund only as | 12 | | appropriated by the General Assembly by law. | 13 | | (d) Investment income that is attributable to the | 14 | | investment of moneys in the Fund shall be retained in the Fund | 15 | | for the uses specified in this Section. | 16 | | (e) The Fund shall not be subject to administrative | 17 | | chargebacks.
| 18 | | Section 10. The Unified Code of Corrections is amended by | 19 | | changing Section 5-9-1 as follows:
| 20 | | (730 ILCS 5/5-9-1) (from Ch. 38, par. 1005-9-1)
| 21 | | Sec. 5-9-1. Authorized fines.
| 22 | | (a) An offender may be sentenced to pay a
fine as provided | 23 | | in Article 4.5 of Chapter V.
| 24 | | (b) (Blank.)
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| 1 | | (c) There shall be added to every fine imposed in | 2 | | sentencing for a
criminal or traffic offense, except an offense | 3 | | relating to parking or
registration, or offense by a | 4 | | pedestrian, an additional penalty of $15 for
each $40, or | 5 | | fraction thereof, of fine imposed.
The additional penalty of | 6 | | $15 for each $40, or fraction thereof, of fine
imposed, if not | 7 | | otherwise assessed, shall also be added to every fine
imposed | 8 | | upon a plea of guilty, stipulation of facts or findings of | 9 | | guilty,
resulting in a judgment of conviction, or order of | 10 | | supervision in criminal,
traffic, local ordinance, county | 11 | | ordinance, and conservation cases (except
parking, | 12 | | registration, or pedestrian violations), or upon
a sentence of | 13 | | probation without entry of judgment under Section 10 of the
| 14 | | Cannabis Control Act, Section 410 of the Illinois Controlled | 15 | | Substances Act, or Section 70 of the Methamphetamine Control | 16 | | and Community Protection Act.
| 17 | | Such additional amounts shall be assessed by the court | 18 | | imposing
the fine and shall be collected by the Circuit Clerk | 19 | | in addition to the
fine and costs in the case. Each such | 20 | | additional penalty shall be
remitted by the Circuit Clerk | 21 | | within one month after receipt to the State
Treasurer. The | 22 | | State Treasurer shall deposit $1 for each $40, or fraction
| 23 | | thereof, of fine imposed into the LEADS Maintenance Fund. The | 24 | | State Treasurer shall deposit $3 for each $40, or fraction
| 25 | | thereof, of fine imposed into the Law Enforcement Camera Grant | 26 | | Fund. The remaining
surcharge amount shall be deposited into |
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| 1 | | the Traffic and Criminal Conviction
Surcharge
Fund, unless the | 2 | | fine, costs or additional amounts are subject to
disbursement | 3 | | by the circuit clerk under Section 27.5 of the Clerks of
Courts | 4 | | Act. Such additional penalty shall not be considered a part of | 5 | | the fine
for purposes of any reduction in the fine for time | 6 | | served either before or
after sentencing.
Not later than March | 7 | | 1 of each year the Circuit Clerk
shall submit a report of the | 8 | | amount of funds remitted to the State
Treasurer under this | 9 | | subsection (c) during the preceding calendar year.
Except as | 10 | | otherwise provided by Supreme Court Rules, if a court in | 11 | | imposing
a fine against an offender levies a gross
amount for | 12 | | fine, costs, fees and penalties, the amount of the additional
| 13 | | penalty provided for herein shall be computed on the amount | 14 | | remaining after
deducting from the gross amount levied all fees | 15 | | of the Circuit Clerk, the
State's Attorney and the Sheriff. | 16 | | After deducting from the gross amount
levied the fees and | 17 | | additional penalty provided for herein, less any other
| 18 | | additional penalties provided by law, the clerk shall remit the | 19 | | net balance
remaining to the entity authorized by law to | 20 | | receive the fine imposed in
the case. For purposes of this | 21 | | Section "fees of the Circuit Clerk" shall
include, if | 22 | | applicable, the fee provided for under Section 27.3a of the
| 23 | | Clerks of Courts Act and the fee, if applicable, payable to the | 24 | | county in
which the violation occurred pursuant to Section | 25 | | 5-1101 of the Counties Code.
| 26 | | (c-5) In addition to the fines imposed by subsection (c), |
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| 1 | | any person
convicted or receiving an order of supervision for | 2 | | driving under the influence
of alcohol or drugs shall pay an | 3 | | additional $100 fee to the clerk.
This
additional fee, less 2 | 4 | | 1/2% that shall be
used to defray administrative costs incurred | 5 | | by the clerk, shall be remitted by
the clerk to the Treasurer | 6 | | within 60 days after receipt for deposit into the
Trauma Center | 7 | | Fund. This additional fee of $100 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.
Not later than | 10 | | March 1 of each year the Circuit Clerk
shall submit a report of | 11 | | the amount of funds remitted to the State
Treasurer under this | 12 | | subsection (c-5) during the preceding calendar year.
| 13 | | The Circuit Clerk may accept payment of fines and costs by | 14 | | credit card
from an offender who has been convicted of a | 15 | | traffic offense, petty offense
or misdemeanor and may charge | 16 | | the service fee permitted where fines and
costs are paid by | 17 | | credit card provided for in Section 27.3b of the Clerks
of | 18 | | Courts Act.
| 19 | | (c-7) In addition to the fines imposed by subsection (c), | 20 | | any person
convicted or receiving an order of supervision for | 21 | | driving under the influence
of alcohol or drugs shall pay an | 22 | | additional $5 fee to the clerk. This
additional fee, less 2 | 23 | | 1/2% that shall be
used to defray administrative costs incurred | 24 | | by the clerk, shall be remitted by
the clerk to the Treasurer | 25 | | within 60 days after receipt for deposit into the
Spinal Cord | 26 | | Injury Paralysis Cure Research Trust Fund. This additional fee |
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| 1 | | of
$5 shall not be
considered a part of
the
fine for purposes | 2 | | of any reduction in the fine for time served either before or
| 3 | | after sentencing.
Not later than March 1 of each year the | 4 | | Circuit Clerk
shall submit a report of the amount of funds | 5 | | remitted to the State
Treasurer under this subsection (c-7) | 6 | | during the preceding calendar year.
| 7 | | (c-9) (Blank).
| 8 | | (c-12) There shall be added to every fine imposed in | 9 | | sentencing for an
Article 12 offense of the Criminal Code of | 10 | | 2012 involving the use of a firearm and an Article 24 offense | 11 | | of the Criminal Code of 2012 an additional penalty of $50. | 12 | | The additional amount shall be assessed by the court | 13 | | imposing
the fine and shall be collected by the Circuit Clerk | 14 | | in addition to the
fine and costs in the case. Each additional | 15 | | penalty shall be
remitted by the Circuit Clerk within one month | 16 | | after receipt to the State
Treasurer. The State Treasurer shall | 17 | | deposit moneys collected under this subsection into the Mental | 18 | | Health Reporting Continuing Education Fund. The additional | 19 | | penalty shall not be considered a part of the fine
for purposes | 20 | | of 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 (c-12) | 24 | | during the preceding calendar year. | 25 | | (d) In determining the amount and method of payment of a | 26 | | fine, except
for those fines established for violations of |
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| 1 | | Chapter 15 of the Illinois
Vehicle Code, the court shall | 2 | | consider:
| 3 | | (1) the financial resources and future ability of the | 4 | | offender to pay
the fine; and
| 5 | | (2) whether the fine will prevent the offender from | 6 | | making court ordered
restitution or reparation to the | 7 | | victim of the offense; and
| 8 | | (3) in a case where the accused is a dissolved | 9 | | corporation and the
court has appointed counsel to | 10 | | represent the corporation, the costs
incurred either by the | 11 | | county or the State for such representation.
| 12 | | (e) The court may order the fine to be paid forthwith or | 13 | | within a
specified period of time or in installments.
| 14 | | (f) All fines, costs and additional amounts imposed under | 15 | | this Section
for any violation of Chapters 3, 4, 6, and 11 of | 16 | | the Illinois Vehicle Code,
or a similar provision of a local | 17 | | ordinance, and any violation of the Child
Passenger Protection | 18 | | Act, or a similar provision of a local ordinance,
shall be | 19 | | collected and disbursed by the circuit clerk as provided under
| 20 | | Section 27.5 of the Clerks of Courts Act.
| 21 | | (Source: P.A. 99-352, eff. 1-1-16 .)".
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