Full Text of SB3602 97th General Assembly
SB3602enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 10. The Violent Crime Victims Assistance Act is | 5 | | amended by changing Section 10 as follows:
| 6 | | (725 ILCS 240/10) (from Ch. 70, par. 510)
| 7 | | Sec. 10. Violent Crime Victims Assistance Fund.
| 8 | | (a) The "Violent Crime Victims Assistance Fund" is created | 9 | | as a special
fund in the State Treasury to provide monies for | 10 | | the grants to be awarded
under this Act.
| 11 | | (b) When any person is convicted in Illinois of an offense | 12 | | listed below, or placed on supervision for that offense on or | 13 | | after July 1, 2012, the court shall impose the following fines: | 14 | | (1) $100 for any felony; | 15 | | (2) $50 for any offense under the Illinois Vehicle | 16 | | Code, exclusive of offenses enumerated in paragraph (a)(2) | 17 | | of Section 6-204 of that Code, and exclusive of any offense | 18 | | enumerated in Article VI of Chapter 11 of that Code | 19 | | relating to restrictions, regulations, and limitations on | 20 | | the speed at which a motor vehicle is driven or operated; | 21 | | and | 22 | | (3) $75 for any misdemeanor, excluding a conservation | 23 | | offense. |
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| 1 | | Notwithstanding any other provision of this Section, the | 2 | | penalty established in this Section shall be assessed for any | 3 | | violation of Section 11-601.5, 11-605.2, or 11-605.3 of the | 4 | | Illinois Vehicle Code. | 5 | | The Clerk of the Circuit Court shall remit moneys collected | 6 | | under this subsection (b) On and after September 18, 1986, | 7 | | there shall be an additional penalty
collected from each | 8 | | defendant upon
conviction of any felony or upon conviction of | 9 | | or disposition
of supervision for any misdemeanor, or upon | 10 | | conviction of or disposition of
supervision for any offense | 11 | | under the Illinois Vehicle Code, exclusive of
offenses | 12 | | enumerated in paragraph (a)(2) of
Section 6-204 of that Code, | 13 | | and exclusive of any offense enumerated in Article
VI of | 14 | | Chapter 11 of that Code relating
to restrictions, regulations | 15 | | and limitations on the speed at which a motor
vehicle is driven | 16 | | or operated, an additional penalty of $4
for each $40, or | 17 | | fraction thereof, of fine imposed. Notwithstanding any other | 18 | | provision of this Section, the penalty established in this | 19 | | Section shall be assessed for any violation of Section | 20 | | 11-601.5, 11-605.2, or 11-605.3 of the Illinois Vehicle Code. | 21 | | Such additional
amounts shall be collected by the Clerk
of the | 22 | | Circuit Court in addition to the fine and costs in the case. | 23 | | Each
such additional penalty collected under this subsection | 24 | | (b) or subsection
(c) of this Section shall be remitted by the | 25 | | Clerk of the Circuit Court
within one month after receipt to | 26 | | the State Treasurer for deposit into the
Violent Crime Victims |
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| 1 | | Assistance Fund, except as provided in subsection
(g) of this | 2 | | Section. Such additional penalty shall not
be considered a part | 3 | | of the fine for purposes of any reduction made in the
fine for | 4 | | time served either before or after sentencing. Not later than
| 5 | | March 1 of each year the Clerk of the Circuit Court shall | 6 | | submit to the
State Comptroller a report of the amount of funds | 7 | | remitted by him to the
State Treasurer under this Section | 8 | | during the preceding calendar year.
Except as otherwise | 9 | | provided by Supreme Court Rules, if a court in
sentencing an | 10 | | offender levies a gross amount for fine, costs, fees and
| 11 | | penalties, the amount of the additional penalty provided for | 12 | | herein shall
be computed on the amount remaining after | 13 | | deducting from the gross amount
levied all fees of the Circuit | 14 | | Clerk, the State's Attorney and the Sheriff.
After deducting | 15 | | from the gross amount levied the fees and additional
penalty | 16 | | provided for herein, less any other additional penalties | 17 | | provided
by law, the clerk shall remit the net balance | 18 | | remaining to the entity
authorized by law to receive the fine | 19 | | imposed in the case. For purposes of
this Section "fees of the | 20 | | Circuit Clerk" shall include, if applicable, the
fee provided | 21 | | for under Section 27.3a of the Clerks of Courts Act and the
| 22 | | fee, if applicable, payable to the county in which the | 23 | | violation occurred
pursuant to Section 5-1101 of the Counties | 24 | | Code.
| 25 | | (c) When any person is convicted in Illinois on or after | 26 | | August 28,
1986, of an offense listed below, or placed on |
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| 1 | | supervision for such an
offense on or after September 18, 1986, | 2 | | and no other fine is imposed, the
following penalty shall be | 3 | | collected by the Circuit Court Clerk:
| 4 | | (1) $25, for any crime of violence as defined in | 5 | | subsection (c) of
Section 2 of the Crime Victims | 6 | | Compensation Act; and
| 7 | | (2) $20, for any other felony or misdemeanor, excluding
| 8 | | any conservation offense.
| 9 | | The Such charge imposed by subsection (b) shall not be | 10 | | subject to the provisions of Section 110-14 of
the Code of | 11 | | Criminal Procedure of 1963.
| 12 | | (d) Monies forfeited, and proceeds from the sale of | 13 | | property forfeited
and seized, under the forfeiture provisions | 14 | | set forth in Part 500 of Article 124B of the Code of Criminal | 15 | | Procedure of 1963 shall be accepted for the Violent Crime | 16 | | Victims
Assistance Fund.
| 17 | | (e) Investment income which is attributable to the | 18 | | investment of monies
in the Violent Crime Victims Assistance | 19 | | Fund shall be credited to that fund
for uses specified in this | 20 | | Act. The Treasurer shall provide the Attorney
General a monthly | 21 | | status report on the amount of money in the Fund.
| 22 | | (f) Monies from the fund may be granted on and after July | 23 | | 1, 1984.
| 24 | | (g) All amounts and charges imposed under this Section for | 25 | | any
violation of Chapters 3, 4, 6, and 11 of the Illinois | 26 | | Vehicle Code, or a
similar provision of a local ordinance, or |
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| 1 | | any violation of the Child
Passenger Protection Act, or a | 2 | | similar provision of a local ordinance,
shall be collected and | 3 | | disbursed by the circuit clerk as provided under
Section 27.5 | 4 | | of the Clerks of Courts Act.
| 5 | | (Source: P.A. 96-712, eff. 1-1-10; 97-108, eff. 7-14-11.)
| 6 | | Section 99. Effective date. This Act takes effect July 1, | 7 | | 2012.
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