|
|
|
HB4420 |
- 2 - |
LRB094 16592 RLC 51853 b |
|
|
1 |
| but is not
limited to oral or written communication and
|
2 |
| communication by telephone, computer, or other electronic |
3 |
| means. "Computer"
has the meaning ascribed to it in Section |
4 |
| 16D-2 of this Code.
|
5 |
| (Source: P.A. 88-165; 89-203, eff. 7-21-95 .)
|
6 |
| Section 10. The Unified Code of Corrections is amended by |
7 |
| changing Section 5-9-1.6 as follows:
|
8 |
| (730 ILCS 5/5-9-1.6) (from Ch. 38, par. 1005-9-1.6)
|
9 |
| Sec. 5-9-1.6. Fine for domestic battery and indecent |
10 |
| solicitation of an adult
Domestic Battery . There shall be added |
11 |
| to
every penalty imposed in sentencing for the offense of |
12 |
| domestic battery and for the offense of indecent solicitation |
13 |
| of an adult an
additional fine in the amount of $10 to be |
14 |
| imposed upon a plea of guilty,
stipulation of facts or finding |
15 |
| of guilty resulting in a judgment of
conviction or order of |
16 |
| supervision.
|
17 |
| Such additional amount shall be assessed by the court |
18 |
| imposing sentence
and shall be collected by the Circuit Clerk |
19 |
| in addition to the fine, if
any, and costs in the case. Each |
20 |
| such additional penalty shall be remitted
by the Circuit Clerk |
21 |
| within one month after receipt to the State Treasurer
for |
22 |
| deposit into the Domestic Violence Shelter and Service Fund. |
23 |
| The
Circuit Clerk shall retain 10% of such penalty to cover the |
24 |
| costs incurred
in administering and enforcing this Section. |
25 |
| Such additional penalty shall
not be considered a part of the |
26 |
| fine for purposes of any reduction in the
fine for time served |
27 |
| either before or after sentencing.
|
28 |
| Not later than March 1 of each year the Clerk of the |
29 |
| Circuit Court shall
submit to the State Comptroller a report of |
30 |
| the amount of funds remitted by
him to the State Treasurer |
31 |
| under this Section during the preceding calendar
year. Except |
32 |
| as otherwise provided by Supreme Court Rules, if a court in
|
33 |
| sentencing an offender levies a gross amount for fine, costs, |
34 |
| fees and
penalties, the amount of the additional penalty |
|
|
|
HB4420 |
- 3 - |
LRB094 16592 RLC 51853 b |
|
|
1 |
| provided for herein shall
be collected from the amount |
2 |
| remaining after deducting from the gross
amount levied all fees |
3 |
| of the Circuit Clerk, the State's Attorney and the
Sheriff. |
4 |
| After deducting from the gross amount levied the fees and
|
5 |
| additional penalty provided for herein, less any other |
6 |
| additional penalties
provided by law, the clerk shall remit the |
7 |
| net balance remaining to the
entity authorized by law to |
8 |
| receive the fine imposed in the case. For
purposes of this |
9 |
| Section "fees of the Circuit Clerk" shall include, if
|
10 |
| applicable, the fee provided for under Section 27.3a of the |
11 |
| Clerks of
Courts Act and the fee, if applicable, payable to the |
12 |
| county in which the
violation occurred under Section 5-1101 of |
13 |
| the Counties Code.
|
14 |
| (Source: P.A. 87-480; 87-895.)
|