Full Text of HB5285 96th General Assembly
HB5285enr 96TH GENERAL ASSEMBLY
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HB5285 Enrolled |
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LRB096 15817 AJT 31058 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Section 16-104d as follows: | 6 |
| (625 ILCS 5/16-104d) | 7 |
| Sec. 16-104d. Additional fee; serious traffic violation. | 8 |
| Any person who is convicted of, pleads guilty to, or is placed | 9 |
| on supervision for a serious traffic violation, as defined in | 10 |
| Section 1-187.001 of this Code, a violation of Section 11-501 | 11 |
| of this Code, or a violation of a similar provision of a local | 12 |
| ordinance shall pay an additional fee of $35 $20 . Of that fee, | 13 |
| $15 $7.50 shall be deposited into the Fire Prevention Fund in | 14 |
| the State treasury, $15 $7.50 shall be deposited into the Fire | 15 |
| Truck Revolving Loan Fund in the State treasury, and $5 shall | 16 |
| be deposited into the Circuit Court Clerk Operation and | 17 |
| Administrative Fund created by the Clerk of the Circuit Court. | 18 |
| This Section becomes inoperative 7 years after the | 19 |
| effective date of this amendatory Act of the 95th General | 20 |
| Assembly.
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| (Source: P.A. 95-154, eff. 10-13-07; 96-286, eff. 8-11-09.) | 22 |
| Section 10. The Clerks of Courts Act is amended by changing |
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| Sections 27.5 and 27.6 as follows:
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| (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
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| Sec. 27.5. (a) All fees, fines, costs, additional | 4 |
| penalties, bail balances
assessed or forfeited, and any other | 5 |
| amount paid by a person to the circuit
clerk that equals an | 6 |
| amount less than $55, except restitution under Section
5-5-6 of | 7 |
| the Unified Code of Corrections, reimbursement for the costs of | 8 |
| an
emergency response as provided under Section 11-501 of the | 9 |
| Illinois Vehicle
Code, any fees collected for attending a | 10 |
| traffic safety program under
paragraph (c) of Supreme Court | 11 |
| Rule 529, any fee collected on behalf of a
State's Attorney | 12 |
| under Section 4-2002 of the Counties Code or a sheriff under
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| Section 4-5001 of the Counties Code, or any cost imposed under | 14 |
| Section 124A-5
of the Code of Criminal Procedure of 1963, for | 15 |
| convictions, orders of
supervision, or any other disposition | 16 |
| for a violation of Chapters 3, 4, 6,
11, and 12 of the Illinois | 17 |
| Vehicle Code, or a similar provision of a local
ordinance, and | 18 |
| any violation of the Child Passenger Protection Act, or a
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| similar provision of a local ordinance, and except as otherwise | 20 |
| provided in this Section in subsection
(b) shall be disbursed | 21 |
| within 60 days after receipt by the circuit
clerk as follows: | 22 |
| 47% shall be disbursed to the entity authorized by law to
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| receive the fine imposed in the case; 12% shall be disbursed to | 24 |
| the State
Treasurer; and 41% shall be disbursed to the county's | 25 |
| general corporate fund.
Of the 12% disbursed to the State |
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| Treasurer, 1/6 shall be deposited by the
State Treasurer into | 2 |
| the Violent Crime Victims Assistance Fund, 1/2 shall be
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| deposited into the Traffic and Criminal Conviction Surcharge | 4 |
| Fund, and 1/3
shall be deposited into the Drivers Education | 5 |
| Fund. For fiscal years 1992 and
1993, amounts deposited into | 6 |
| the Violent Crime Victims Assistance Fund, the
Traffic and | 7 |
| Criminal Conviction Surcharge Fund, or the Drivers Education | 8 |
| Fund
shall not exceed 110% of the amounts deposited into those | 9 |
| funds in fiscal year
1991. Any amount that exceeds the 110% | 10 |
| limit shall be distributed as follows:
50% shall be disbursed | 11 |
| to the county's general corporate fund and 50% shall be
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| disbursed to the entity authorized by law to receive the fine | 13 |
| imposed in the
case. Not later than March 1 of each year the | 14 |
| circuit clerk
shall submit a report of the amount of funds | 15 |
| remitted to the State
Treasurer under this Section during the | 16 |
| preceding year based upon
independent verification of fines and | 17 |
| fees. All counties shall be subject
to this Section, except | 18 |
| that counties with a population under 2,000,000
may, by | 19 |
| ordinance, elect not to be subject to this Section. For | 20 |
| offenses
subject to this Section, judges shall impose one total | 21 |
| sum of money payable
for violations. The circuit clerk may add | 22 |
| on no additional amounts except
for amounts that are required | 23 |
| by Sections 27.3a and 27.3c of
this Act, Section 16-104c of the | 24 |
| Illinois Vehicle Code, and subsection (a) of Section 5-1101 of | 25 |
| the Counties Code, unless those amounts are specifically waived | 26 |
| by the judge. With
respect to money collected by the circuit |
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| clerk as a result of
forfeiture of bail, ex parte judgment or | 2 |
| guilty plea pursuant to Supreme
Court Rule 529, the circuit | 3 |
| clerk shall first deduct and pay amounts
required by Sections | 4 |
| 27.3a and 27.3c of this Act. Unless a court ordered payment | 5 |
| schedule is implemented or fee requirements are waived pursuant | 6 |
| to a court order, the circuit clerk may add to any unpaid fees | 7 |
| and costs a delinquency amount equal to 5% of the unpaid fees | 8 |
| that remain unpaid after 30 days, 10% of the unpaid fees that | 9 |
| remain unpaid after 60 days, and 15% of the unpaid fees that | 10 |
| remain unpaid after 90 days. Notice to those parties may be | 11 |
| made by signage posting or publication. The additional | 12 |
| delinquency amounts collected under this Section shall be | 13 |
| deposited in the Circuit Court Clerk Operation and | 14 |
| Administrative Fund to be used to defray administrative costs | 15 |
| incurred by the circuit clerk in performing the duties required | 16 |
| to collect and disburse funds. This Section is a denial
and | 17 |
| limitation of home rule powers and functions under subsection | 18 |
| (h) of
Section 6 of Article VII of the Illinois Constitution.
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| (b) The following amounts must be remitted to the State | 20 |
| Treasurer for
deposit into the Illinois Animal Abuse Fund:
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| (1) 50% of the amounts collected for felony offenses | 22 |
| under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | 23 |
| 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | 24 |
| Animals Act and Section 26-5 of the Criminal Code of
1961;
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| (2) 20% of the amounts collected for Class A and Class | 26 |
| B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, |
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| 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | 2 |
| for Animals Act and Section 26-5 of the Criminal
Code of | 3 |
| 1961; and
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| (3) 50% of the amounts collected for Class C | 5 |
| misdemeanors under
Sections 4.01 and 7.1 of the Humane Care | 6 |
| for Animals Act and Section 26-5
of the Criminal Code of | 7 |
| 1961.
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| (c) Any person who receives a disposition of court | 9 |
| supervision for a violation of the Illinois Vehicle Code or a | 10 |
| similar provision of a local ordinance shall, in addition to | 11 |
| any other fines, fees, and court costs, pay an additional fee | 12 |
| of $29, to be disbursed as provided in Section 16-104c of the | 13 |
| Illinois Vehicle Code. In addition to the fee of $29, the | 14 |
| person shall also pay a fee of $6, if not waived by the court. | 15 |
| If this $6 fee is collected, $5.50 of the fee shall be | 16 |
| deposited into the Circuit Court Clerk Operation and | 17 |
| Administrative Fund created by the Clerk of the Circuit Court | 18 |
| and 50 cents of the fee shall be deposited into the Prisoner | 19 |
| Review Board Vehicle and Equipment Fund in the State treasury. | 20 |
| (d) Any person convicted of, pleading guilty to, or placed | 21 |
| on supervision for a serious traffic violation, as defined in | 22 |
| Section 1-187.001 of the Illinois Vehicle Code, a violation of | 23 |
| Section 11-501 of the Illinois Vehicle Code, or a violation of | 24 |
| a similar provision of a local ordinance shall pay an | 25 |
| additional fee of $35 $20 , to be disbursed as provided in | 26 |
| Section 16-104d of that Code. |
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| Subsection (d) becomes inoperative 7 years after the | 2 |
| effective date of Public Act 95-154.
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| (e) In all counties having a population of 3,000,000 or | 4 |
| more inhabitants : , | 5 |
| (1) (e-1) A person who is found guilty of or pleads | 6 |
| guilty to violating subsection (a) of Section 11-501 of the | 7 |
| Illinois Vehicle Code, including any person placed on court | 8 |
| supervision for violating subsection (a), shall be fined | 9 |
| $500 as provided for by subsection (f) of Section 11-501.01 | 10 |
| of the Illinois Vehicle Code, payable to the circuit clerk, | 11 |
| who shall distribute the money pursuant to subsection (f) | 12 |
| of Section 11-501.01 of the Illinois Vehicle Code. | 13 |
| (2) (e-2) When a crime laboratory DUI analysis fee of | 14 |
| $150, provided for by Section 5-9-1.9 of the Unified Code | 15 |
| of Corrections is assessed, it shall be disbursed by the | 16 |
| circuit clerk as provided by subsection (f) of Section | 17 |
| 5-9-1.9 of the Unified Code of Corrections. | 18 |
| (3) (e-3) When a fine for a violation of subsection (a) | 19 |
| of Section 11-605 of the Illinois Vehicle Code is $150 or | 20 |
| greater, the additional $50 which is charged as provided | 21 |
| for by subsection (f) of Section 11-605 of the Illinois | 22 |
| Vehicle Code shall be disbursed by the circuit clerk to a | 23 |
| school district or districts for school safety purposes as | 24 |
| provided by subsection (f) of Section 11-605. | 25 |
| (4) (e-3.5) When a fine for a violation of subsection | 26 |
| (a) of Section 11-1002.5 of the Illinois Vehicle Code is |
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| $150 or greater, the additional $50 which is charged as | 2 |
| provided for by subsection (c) of Section 11-1002.5 of the | 3 |
| Illinois Vehicle Code shall be disbursed by the circuit | 4 |
| clerk to a school district or districts for school safety | 5 |
| purposes as provided by subsection (c) of Section 11-1002.5 | 6 |
| of the Illinois Vehicle Code. | 7 |
| (5) (e-4) When a mandatory drug court fee of up to $5 | 8 |
| is assessed as provided in subsection (f) of Section 5-1101 | 9 |
| of the Counties Code, it shall be disbursed by the circuit | 10 |
| clerk as provided in subsection (f) of Section 5-1101 of | 11 |
| the Counties Code. | 12 |
| (6) (e-5) When a mandatory teen court, peer jury, youth | 13 |
| court, or other youth diversion program fee is assessed as | 14 |
| provided in subsection (e) of Section 5-1101 of the | 15 |
| Counties Code, it shall be disbursed by the circuit clerk | 16 |
| as provided in subsection (e) of Section 5-1101 of the | 17 |
| Counties Code. | 18 |
| (7) (e-6) When a Children's Advocacy Center fee is | 19 |
| assessed pursuant to subsection (f-5) of Section 5-1101 of | 20 |
| the Counties Code, it shall be disbursed by the circuit | 21 |
| clerk as provided in subsection (f-5) of Section 5-1101 of | 22 |
| the Counties Code. | 23 |
| (8) (e-7) When a victim impact panel fee is assessed | 24 |
| pursuant to subsection (b) of Section 11-501.01 of the | 25 |
| Illinois Vehicle Code, it shall be disbursed by the circuit | 26 |
| clerk to the victim impact panel to be
attended by the |
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| defendant. | 2 |
| (9) (e-8) When a new fee collected in traffic cases is | 3 |
| enacted after January 1, 2010 ( the effective date of Public | 4 |
| Act 96-735) this amendatory Act of the 96th General | 5 |
| Assembly , it shall be excluded from the percentage | 6 |
| disbursement provisions of this Section unless otherwise | 7 |
| indicated by law. | 8 |
| (f) (e) Any person who receives a disposition of court | 9 |
| supervision for a violation of Section 11-501 of the Illinois | 10 |
| Vehicle Code shall, in addition to any other fines, fees, and | 11 |
| court costs, pay an additional fee of $50, which shall
be | 12 |
| collected by the circuit clerk and then remitted to the State | 13 |
| Treasurer for deposit into the Roadside Memorial Fund, a | 14 |
| special fund in the State treasury. However, the court may | 15 |
| waive the fee if full restitution is complied with. Subject to | 16 |
| appropriation, all moneys in the Roadside Memorial Fund shall | 17 |
| be used by the Department of Transportation to pay fees imposed | 18 |
| under subsection (f) of Section 20 of the Roadside Memorial | 19 |
| Act. The fee shall be remitted by the circuit clerk within one | 20 |
| month after receipt to the State Treasurer for deposit into the | 21 |
| Roadside Memorial Fund. | 22 |
| (g) (e) For any conviction or disposition of court | 23 |
| supervision for a violation of Section 11-1429 of the Illinois | 24 |
| Vehicle Code, the circuit clerk shall distribute the fines paid | 25 |
| by the person as specified by subsection (h) of Section 11-1429 | 26 |
| of the Illinois Vehicle Code. |
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LRB096 15817 AJT 31058 b |
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| (Source: P.A. 95-154, eff. 10-13-07; 95-428, eff. 8-24-07; | 2 |
| 95-876, eff. 8-21-08; 96-286, eff. 8-11-09; 96-576, eff. | 3 |
| 8-18-09; 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-735, | 4 |
| eff. 1-1-10; revised 11-5-09.)
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| (705 ILCS 105/27.6)
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| (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625, | 7 |
| and 96-667) | 8 |
| Sec. 27.6. (a) All fees, fines, costs, additional | 9 |
| penalties, bail balances
assessed or forfeited, and any other | 10 |
| amount paid by a person to the circuit
clerk equalling an | 11 |
| amount of $55 or more, except the fine imposed by Section | 12 |
| 5-9-1.15
of the Unified Code of Corrections, the additional fee | 13 |
| required
by subsections (b) and (c), restitution under Section | 14 |
| 5-5-6 of the
Unified Code of Corrections, contributions to a | 15 |
| local anti-crime program ordered pursuant to Section | 16 |
| 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | 17 |
| Corrections, reimbursement for the costs of an emergency
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| response as provided under Section 11-501 of the Illinois | 19 |
| Vehicle Code,
any fees collected for attending a traffic safety | 20 |
| program under paragraph (c)
of Supreme Court Rule 529, any fee | 21 |
| collected on behalf of a State's Attorney
under Section 4-2002 | 22 |
| of the Counties Code or a sheriff under Section 4-5001
of the | 23 |
| Counties Code, or any cost imposed under Section 124A-5 of the | 24 |
| Code of
Criminal Procedure of 1963, for convictions, orders of | 25 |
| supervision, or any
other disposition for a violation of |
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| Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | 2 |
| similar provision of a local ordinance, and any
violation of | 3 |
| the Child Passenger Protection Act, or a similar provision of a
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| local ordinance, and except as otherwise provided in this | 5 |
| Section subsections (d) and (g)
shall be disbursed
within 60 | 6 |
| days after receipt by the circuit
clerk as follows: 44.5% shall | 7 |
| be disbursed to the entity authorized by law to
receive the | 8 |
| fine imposed in the case; 16.825% shall be disbursed to the | 9 |
| State
Treasurer; and 38.675% shall be disbursed to the county's | 10 |
| general corporate
fund. Of the 16.825% disbursed to the State | 11 |
| Treasurer, 2/17 shall be deposited
by the State Treasurer into | 12 |
| the Violent Crime Victims Assistance Fund, 5.052/17
shall be | 13 |
| deposited into the Traffic and Criminal Conviction Surcharge | 14 |
| Fund,
3/17 shall be deposited into the Drivers Education Fund, | 15 |
| and 6.948/17 shall be
deposited into the Trauma Center Fund. Of | 16 |
| the 6.948/17 deposited into the
Trauma Center Fund from the | 17 |
| 16.825% disbursed to the State Treasurer, 50% shall
be | 18 |
| disbursed to the Department of Public Health and 50% shall be | 19 |
| disbursed to
the Department of Healthcare and Family Services. | 20 |
| For fiscal year 1993, amounts deposited into
the Violent Crime | 21 |
| Victims Assistance Fund, the Traffic and Criminal
Conviction | 22 |
| Surcharge Fund, or the Drivers Education Fund shall not exceed | 23 |
| 110%
of the amounts deposited into those funds in fiscal year | 24 |
| 1991. Any
amount that exceeds the 110% limit shall be | 25 |
| distributed as follows: 50%
shall be disbursed to the county's | 26 |
| general corporate fund and 50% shall be
disbursed to the entity |
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LRB096 15817 AJT 31058 b |
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| authorized by law to receive the fine imposed in
the case. Not | 2 |
| later than March 1 of each year the circuit clerk
shall submit | 3 |
| a report of the amount of funds remitted to the State
Treasurer | 4 |
| under this Section during the preceding year based upon
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| independent verification of fines and fees. All counties shall | 6 |
| be subject
to this Section, except that counties with a | 7 |
| population under 2,000,000
may, by ordinance, elect not to be | 8 |
| subject to this Section. For offenses
subject to this Section, | 9 |
| judges shall impose one total sum of money payable
for | 10 |
| violations. The circuit clerk may add on no additional amounts | 11 |
| except
for amounts that are required by Sections 27.3a and | 12 |
| 27.3c of
this Act, unless those amounts are specifically waived | 13 |
| by the judge. With
respect to money collected by the circuit | 14 |
| clerk as a result of
forfeiture of bail, ex parte judgment or | 15 |
| guilty plea pursuant to Supreme
Court Rule 529, the circuit | 16 |
| clerk shall first deduct and pay amounts
required by Sections | 17 |
| 27.3a and 27.3c of this Act. This Section is a denial
and | 18 |
| limitation of home rule powers and functions under subsection | 19 |
| (h) of
Section 6 of Article VII of the Illinois Constitution.
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| (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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| 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
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| 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.
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| (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.
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| (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 a | 25 |
| person sentenced for a violation of the Cannabis
Control Act, | 26 |
| the Illinois Controlled Substances Act, or the Methamphetamine |
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| Control and Community Protection Act
shall pay an additional | 2 |
| fee of $100 to the clerk
of the circuit court. This amount, | 3 |
| less
2 1/2% that shall be used to defray administrative costs | 4 |
| incurred by the clerk,
shall be remitted by the clerk to the | 5 |
| Treasurer within 60 days after receipt
for deposit into the | 6 |
| Trauma Center Fund. This additional fee of $100 shall not
be | 7 |
| considered a part of the fine for purposes of any reduction in | 8 |
| the fine for
time served either before or after sentencing. Not | 9 |
| later than March 1 of each
year the Circuit Clerk shall submit | 10 |
| a report of the amount of funds remitted to
the State Treasurer | 11 |
| under this subsection during the preceding calendar year.
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| (c-1) In addition to any other fines and court costs | 13 |
| assessed by the
courts, any person sentenced for a violation of | 14 |
| the Cannabis Control Act,
the Illinois Controlled Substances | 15 |
| Act, or the Methamphetamine Control and Community Protection | 16 |
| Act shall pay an additional fee of $5 to the
clerk of the | 17 |
| circuit court. This amount, less 2 1/2% that shall be used to
| 18 |
| defray administrative costs incurred by the clerk, shall be | 19 |
| remitted by the
clerk to the Treasurer within 60 days after | 20 |
| receipt for deposit into the Spinal
Cord Injury Paralysis Cure | 21 |
| Research Trust Fund. This additional fee of $5
shall not be | 22 |
| considered a part of the fine for purposes of any reduction in | 23 |
| the
fine for time served either before or after sentencing. Not | 24 |
| later than March 1
of each year the Circuit Clerk shall submit | 25 |
| a report of the amount of funds
remitted to the State Treasurer | 26 |
| under this subsection during the preceding
calendar year.
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LRB096 15817 AJT 31058 b |
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| (d) The following amounts must be remitted to the State | 2 |
| Treasurer for
deposit into the Illinois Animal Abuse Fund:
| 3 |
| (1) 50% of the amounts collected for felony offenses | 4 |
| under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | 5 |
| 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | 6 |
| Animals Act and Section 26-5 of the Criminal Code of
1961;
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| (2) 20% of the amounts collected for Class A and Class | 8 |
| B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | 9 |
| 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | 10 |
| for Animals Act and Section 26-5 of the Criminal
Code of | 11 |
| 1961; and
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| (3) 50% of the amounts collected for Class C | 13 |
| misdemeanors under Sections
4.01 and 7.1 of the Humane Care | 14 |
| for Animals Act and Section 26-5 of the
Criminal Code of | 15 |
| 1961.
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| (e) Any person who receives a disposition of court | 17 |
| supervision for a violation of the Illinois Vehicle Code or a | 18 |
| similar provision of a local ordinance shall, in addition to | 19 |
| any other fines, fees, and court costs, pay an additional fee | 20 |
| of $29, to be disbursed as provided in Section 16-104c of the | 21 |
| Illinois Vehicle Code. In addition to the fee of $29, the | 22 |
| person shall also pay a fee of $6, if not waived by the court. | 23 |
| If this $6 fee is collected, $5.50 of the fee shall be | 24 |
| deposited into the Circuit Court Clerk Operation and | 25 |
| Administrative Fund created by the Clerk of the Circuit Court | 26 |
| and 50 cents of the fee shall be deposited into the Prisoner |
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HB5285 Enrolled |
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LRB096 15817 AJT 31058 b |
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| Review Board Vehicle and Equipment Fund in the State treasury.
| 2 |
| (f) This Section does not apply to the additional child | 3 |
| pornography fines assessed and collected under Section | 4 |
| 5-9-1.14 of the Unified Code of Corrections.
| 5 |
| (g) (Blank). | 6 |
| (h) (Blank). | 7 |
| (i) (g)
Of the amounts collected as fines under subsection | 8 |
| (b) of Section 3-712 of the Illinois Vehicle Code, 99% shall be | 9 |
| deposited into the Illinois Military Family Relief Fund and 1% | 10 |
| shall be deposited into the Circuit Court Clerk Operation and | 11 |
| Administrative Fund created by the Clerk of the Circuit Court | 12 |
| to be used to offset the costs incurred by the Circuit Court | 13 |
| Clerk in performing the additional duties required to collect | 14 |
| and disburse funds to entities of State and local government as | 15 |
| provided by law.
| 16 |
| (j) (h) Any person convicted of, pleading guilty to, or | 17 |
| placed on supervision for a serious traffic violation, as | 18 |
| defined in Section 1-187.001 of the Illinois Vehicle Code, a | 19 |
| violation of Section 11-501 of the Illinois Vehicle Code, or a | 20 |
| violation of a similar provision of a local ordinance shall pay | 21 |
| an additional fee of $35 $20 , to be disbursed as provided in | 22 |
| Section 16-104d of that Code. | 23 |
| This subsection (h) becomes inoperative 7 years after the | 24 |
| effective date of Public Act 95-154. | 25 |
| (k) (h) For any conviction or disposition of court | 26 |
| supervision for a violation of Section 11-1429 of the Illinois |
|
|
|
HB5285 Enrolled |
- 16 - |
LRB096 15817 AJT 31058 b |
|
| 1 |
| Vehicle Code, the circuit clerk shall distribute the fines paid | 2 |
| by the person as specified by subsection (h) of Section 11-1429 | 3 |
| of the Illinois Vehicle Code. | 4 |
| (l) (h) Any person who receives a disposition of court | 5 |
| supervision for a violation of Section 11-501 of the Illinois | 6 |
| Vehicle Code or a similar provision of a local ordinance shall, | 7 |
| in addition to any other fines, fees, and court costs, pay an | 8 |
| additional fee of $50, which shall
be collected by the circuit | 9 |
| clerk and then remitted to the State Treasurer for deposit into | 10 |
| the Roadside Memorial Fund, a special fund in the State | 11 |
| treasury. However, the court may waive the fee if full | 12 |
| restitution is complied with. Subject to appropriation, all | 13 |
| moneys in the Roadside Memorial Fund shall be used by the | 14 |
| Department of Transportation to pay fees imposed under | 15 |
| subsection (f) of Section 20 of the Roadside Memorial Act. The | 16 |
| fee shall be remitted by the circuit clerk within one month | 17 |
| after receipt to the State Treasurer for deposit into the | 18 |
| Roadside Memorial Fund. | 19 |
| (Source: P.A. 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428, | 20 |
| eff. 8-24-07; 95-600, eff. 6-1-08; 95-876, eff. 8-21-08; | 21 |
| 96-286, eff. 8-11-09; 96-576, eff. 8-18-09; 96-578, eff. | 22 |
| 8-18-09; 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; revised | 23 |
| 12-29-09.) | 24 |
| (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667, | 25 |
| and 96-735) |
|
|
|
HB5285 Enrolled |
- 17 - |
LRB096 15817 AJT 31058 b |
|
| 1 |
| Sec. 27.6. (a) All fees, fines, costs, additional | 2 |
| penalties, bail balances
assessed or forfeited, and any other | 3 |
| amount paid by a person to the circuit
clerk equalling an | 4 |
| amount of $55 or more, except the fine imposed by Section | 5 |
| 5-9-1.15
of the Unified Code of Corrections, the additional fee | 6 |
| required
by subsections (b) and (c), restitution under Section | 7 |
| 5-5-6 of the
Unified Code of Corrections, contributions to a | 8 |
| local anti-crime program ordered pursuant to Section | 9 |
| 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | 10 |
| Corrections, reimbursement for the costs of an emergency
| 11 |
| response as provided under Section 11-501 of the Illinois | 12 |
| Vehicle Code,
any fees collected for attending a traffic safety | 13 |
| program under paragraph (c)
of Supreme Court Rule 529, any fee | 14 |
| collected on behalf of a State's Attorney
under Section 4-2002 | 15 |
| of the Counties Code or a sheriff under Section 4-5001
of the | 16 |
| Counties Code, or any cost imposed under Section 124A-5 of the | 17 |
| Code of
Criminal Procedure of 1963, for convictions, orders of | 18 |
| supervision, or any
other disposition for a violation of | 19 |
| Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | 20 |
| similar provision of a local ordinance, and any
violation of | 21 |
| the Child Passenger Protection Act, or a similar provision of a
| 22 |
| local ordinance, and except as otherwise provided in this | 23 |
| Section subsections (b) through (h)
shall be disbursed
within | 24 |
| 60 days after receipt by the circuit
clerk as follows: 44.5% | 25 |
| shall be disbursed to the entity authorized by law to
receive | 26 |
| the fine imposed in the case; 16.825% shall be disbursed to the |
|
|
|
HB5285 Enrolled |
- 18 - |
LRB096 15817 AJT 31058 b |
|
| 1 |
| State
Treasurer; and 38.675% shall be disbursed to the county's | 2 |
| general corporate
fund. Of the 16.825% disbursed to the State | 3 |
| Treasurer, 2/17 shall be deposited
by the State Treasurer into | 4 |
| the Violent Crime Victims Assistance Fund, 5.052/17
shall be | 5 |
| deposited into the Traffic and Criminal Conviction Surcharge | 6 |
| Fund,
3/17 shall be deposited into the Drivers Education Fund, | 7 |
| and 6.948/17 shall be
deposited into the Trauma Center Fund. Of | 8 |
| the 6.948/17 deposited into the
Trauma Center Fund from the | 9 |
| 16.825% disbursed to the State Treasurer, 50% shall
be | 10 |
| disbursed to the Department of Public Health and 50% shall be | 11 |
| disbursed to
the Department of Healthcare and Family Services. | 12 |
| For fiscal year 1993, amounts deposited into
the Violent Crime | 13 |
| Victims Assistance Fund, the Traffic and Criminal
Conviction | 14 |
| Surcharge Fund, or the Drivers Education Fund shall not exceed | 15 |
| 110%
of the amounts deposited into those funds in fiscal year | 16 |
| 1991. Any
amount that exceeds the 110% limit shall be | 17 |
| distributed as follows: 50%
shall be disbursed to the county's | 18 |
| general corporate fund and 50% shall be
disbursed to the entity | 19 |
| authorized by law to receive the fine imposed in
the case. Not | 20 |
| later than March 1 of each year the circuit clerk
shall submit | 21 |
| a report of the amount of funds remitted to the State
Treasurer | 22 |
| under this Section during the preceding year based upon
| 23 |
| independent verification of fines and fees. All counties shall | 24 |
| be subject
to this Section, except that counties with a | 25 |
| population under 2,000,000
may, by ordinance, elect not to be | 26 |
| subject to this Section. For offenses
subject to this Section, |
|
|
|
HB5285 Enrolled |
- 19 - |
LRB096 15817 AJT 31058 b |
|
| 1 |
| judges shall impose one total sum of money payable
for | 2 |
| violations. The circuit clerk may add on no additional amounts | 3 |
| except
for amounts that are required by Sections 27.3a and | 4 |
| 27.3c of
this Act, Section 16-104c of the Illinois Vehicle | 5 |
| Code, and subsection (a) of Section 5-1101 of the Counties | 6 |
| Code, unless those amounts are specifically waived by the | 7 |
| judge. With
respect to money collected by the circuit clerk as | 8 |
| a result of
forfeiture of bail, ex parte judgment or guilty | 9 |
| plea pursuant to Supreme
Court Rule 529, the circuit clerk | 10 |
| shall first deduct and pay amounts
required by Sections 27.3a | 11 |
| and 27.3c of this Act. Unless a court ordered payment schedule | 12 |
| is implemented or fee requirements are waived pursuant to court | 13 |
| order, the clerk of the court may add to any unpaid fees and | 14 |
| costs a delinquency amount equal to 5% of the unpaid fees that | 15 |
| remain unpaid after 30 days, 10% of the unpaid fees that remain | 16 |
| unpaid after 60 days, and 15% of the unpaid fees that remain | 17 |
| unpaid after 90 days. Notice to those parties may be made by | 18 |
| signage posting or publication. The additional delinquency | 19 |
| amounts collected under this Section shall be deposited in the | 20 |
| Circuit Court Clerk Operation and Administrative Fund to be | 21 |
| used to defray administrative costs incurred by the circuit | 22 |
| clerk in performing the duties required to collect and disburse | 23 |
| funds. This Section is a denial
and limitation of home rule | 24 |
| powers and functions under subsection (h) of
Section 6 of | 25 |
| Article VII of the Illinois Constitution.
| 26 |
| (b) In addition to any other fines and court costs assessed |
|
|
|
HB5285 Enrolled |
- 20 - |
LRB096 15817 AJT 31058 b |
|
| 1 |
| by the courts,
any person convicted or receiving an order of | 2 |
| supervision for driving under
the influence of alcohol or drugs | 3 |
| shall pay an additional fee of $100 to the
clerk of the circuit | 4 |
| court. This amount, less 2 1/2% that shall be used to
defray | 5 |
| administrative costs incurred by the clerk, shall be remitted | 6 |
| by the
clerk to the Treasurer within 60 days after receipt for | 7 |
| deposit into the Trauma
Center Fund. This additional fee of | 8 |
| $100 shall not be considered a part of the
fine for purposes of | 9 |
| any reduction in the fine for time served either before or
| 10 |
| after sentencing. Not later than March 1 of each year the | 11 |
| Circuit Clerk shall
submit a report of the amount of funds | 12 |
| remitted to the State Treasurer under
this subsection during | 13 |
| the preceding calendar year.
| 14 |
| (b-1) In addition to any other fines and court costs | 15 |
| assessed by the courts,
any person convicted or receiving an | 16 |
| order of supervision for driving under the
influence of alcohol | 17 |
| or drugs 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 |
|
|
|
HB5285 Enrolled |
- 21 - |
LRB096 15817 AJT 31058 b |
|
| 1 |
| under this subsection during the preceding calendar
year.
| 2 |
| (c) In addition to any other fines and court costs assessed | 3 |
| by the courts,
any person convicted for a violation of Sections | 4 |
| 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or a | 5 |
| person sentenced for a violation of the Cannabis
Control Act, | 6 |
| the Illinois Controlled Substances Act, or the Methamphetamine | 7 |
| Control and Community Protection Act
shall pay an additional | 8 |
| fee of $100 to the clerk
of the circuit court. This amount, | 9 |
| less
2 1/2% that shall be used to defray administrative costs | 10 |
| incurred by the clerk,
shall be remitted by the clerk to the | 11 |
| Treasurer within 60 days after receipt
for deposit into the | 12 |
| Trauma Center Fund. This additional fee of $100 shall not
be | 13 |
| considered a part of the fine for purposes of any reduction in | 14 |
| the fine for
time served either before or after sentencing. Not | 15 |
| later than March 1 of each
year the Circuit Clerk shall submit | 16 |
| a report of the amount of funds remitted to
the State Treasurer | 17 |
| under this subsection during the preceding calendar year.
| 18 |
| (c-1) In addition to any other fines and court costs | 19 |
| assessed by the
courts, any person sentenced for a violation of | 20 |
| the Cannabis Control Act,
the Illinois Controlled Substances | 21 |
| Act, or the Methamphetamine Control and Community Protection | 22 |
| Act shall pay an additional fee of $5 to the
clerk of the | 23 |
| circuit court. This amount, less 2 1/2% that shall be used to
| 24 |
| defray administrative costs incurred by the clerk, shall be | 25 |
| remitted by the
clerk to the Treasurer within 60 days after | 26 |
| receipt for deposit into the Spinal
Cord Injury Paralysis Cure |
|
|
|
HB5285 Enrolled |
- 22 - |
LRB096 15817 AJT 31058 b |
|
| 1 |
| Research Trust Fund. This additional fee of $5
shall not be | 2 |
| considered a part of the fine for purposes of any reduction in | 3 |
| the
fine for time served either before or after sentencing. Not | 4 |
| later than March 1
of each year the Circuit Clerk shall submit | 5 |
| a report of the amount of funds
remitted to the State Treasurer | 6 |
| under this subsection during the preceding
calendar year.
| 7 |
| (d) The following amounts must be remitted to the State | 8 |
| Treasurer for
deposit into the Illinois Animal Abuse Fund:
| 9 |
| (1) 50% of the amounts collected for felony offenses | 10 |
| under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | 11 |
| 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | 12 |
| Animals Act and Section 26-5 of the Criminal Code of
1961;
| 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 of the Criminal
Code of | 17 |
| 1961; 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 of the
Criminal Code of | 21 |
| 1961.
| 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 |
|
|
|
HB5285 Enrolled |
- 23 - |
LRB096 15817 AJT 31058 b |
|
| 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) Any person convicted of or pleading guilty to a serious | 12 |
| traffic violation, as defined in Section 1-187.001 of the | 13 |
| Illinois Vehicle Code, shall pay an additional fee of $35 $20 , | 14 |
| to be disbursed as provided in Section 16-104d of that Code. | 15 |
| This subsection (g) becomes inoperative 7 years after the | 16 |
| effective date of Public Act 95-154. | 17 |
| (h) In all counties having a population of 3,000,000 or | 18 |
| more inhabitants, | 19 |
| (1) (h-1) A person who is found guilty of or pleads | 20 |
| guilty to violating subsection (a) of Section 11-501 of the | 21 |
| Illinois Vehicle Code, including any person placed on court | 22 |
| supervision for violating subsection (a), shall be fined | 23 |
| $500 as provided for by subsection (f) of Section 11-501.01 | 24 |
| of the Illinois Vehicle Code, payable to the circuit clerk, | 25 |
| who shall distribute the money pursuant to subsection (f) | 26 |
| of Section 11-501.01 of the Illinois Vehicle Code. |
|
|
|
HB5285 Enrolled |
- 24 - |
LRB096 15817 AJT 31058 b |
|
| 1 |
| (2) (h-2) When a crime laboratory DUI analysis fee of | 2 |
| $150, provided for by Section 5-9-1.9 of the Unified Code | 3 |
| of Corrections is assessed, it shall be disbursed by the | 4 |
| circuit clerk as provided by subsection (f) of Section | 5 |
| 5-9-1.9 of the Unified Code of Corrections. | 6 |
| (3) (h-3) When a fine for a violation of Section | 7 |
| 11-605.1 of the Illinois Vehicle Code is $250 or greater, | 8 |
| the person who violated that Section shall be charged an | 9 |
| additional $125 as provided for by subsection (e) of | 10 |
| Section 11-605.1 of the Illinois Vehicle Code, which shall | 11 |
| be disbursed by the circuit clerk to a State or county | 12 |
| Transportation Safety Highway Hire-back Fund as provided | 13 |
| by subsection (e) of Section 11-605.1 of the Illinois | 14 |
| Vehicle Code. | 15 |
| (4) (h-4) When a fine for a violation of subsection (a) | 16 |
| of Section 11-605 of the Illinois Vehicle Code is $150 or | 17 |
| greater, the additional $50 which is charged as provided | 18 |
| for by subsection (f) of Section 11-605 of the Illinois | 19 |
| Vehicle Code shall be disbursed by the circuit clerk to a | 20 |
| school district or districts for school safety purposes as | 21 |
| provided by subsection (f) of Section 11-605. | 22 |
| (5) (h-4.5) When a fine for a violation of subsection | 23 |
| (a) of Section 11-1002.5 of the Illinois Vehicle Code is | 24 |
| $150 or greater, the additional $50 which is charged as | 25 |
| provided for by subsection (c) of Section 11-1002.5 of the | 26 |
| Illinois Vehicle Code shall be disbursed by the circuit |
|
|
|
HB5285 Enrolled |
- 25 - |
LRB096 15817 AJT 31058 b |
|
| 1 |
| clerk to a school district or districts for school safety | 2 |
| purposes as provided by subsection (c) of Section 11-1002.5 | 3 |
| of the Illinois Vehicle Code. | 4 |
| (6) (h-5) When a mandatory drug court fee of up to $5 | 5 |
| is assessed as provided in subsection (f) of Section 5-1101 | 6 |
| of the Counties Code, it shall be disbursed by the circuit | 7 |
| clerk as provided in subsection (f) of Section 5-1101 of | 8 |
| the Counties Code. | 9 |
| (7) (h-6) When a mandatory teen court, peer jury, youth | 10 |
| court, or other youth diversion program fee is assessed as | 11 |
| provided in subsection (e) of Section 5-1101 of the | 12 |
| Counties Code, it shall be disbursed by the circuit clerk | 13 |
| as provided in subsection (e) of Section 5-1101 of the | 14 |
| Counties Code. | 15 |
| (8) (h-7) When a Children's Advocacy Center fee is | 16 |
| assessed pursuant to subsection (f-5) of Section 5-1101 of | 17 |
| the Counties Code, it shall be disbursed by the circuit | 18 |
| clerk as provided in subsection (f-5) of Section 5-1101 of | 19 |
| the Counties Code. | 20 |
| (9) (h-8) When a victim impact panel fee is assessed | 21 |
| pursuant to subsection (b) of Section 11-501.01 of the | 22 |
| Vehicle Code, it shall be disbursed by the circuit clerk to | 23 |
| the victim impact panel to be attended by the defendant. | 24 |
| (10) (h-9) When a new fee collected in traffic cases is | 25 |
| enacted after the effective date of this subsection (h), it | 26 |
| shall be excluded from the percentage disbursement |
|
|
|
HB5285 Enrolled |
- 26 - |
LRB096 15817 AJT 31058 b |
|
| 1 |
| provisions of this Section unless otherwise indicated by | 2 |
| law. | 3 |
| (i) (g)
Of the amounts collected as fines under subsection | 4 |
| (b) of Section 3-712 of the Illinois Vehicle Code, 99% shall be | 5 |
| deposited into the Illinois Military Family Relief Fund and 1% | 6 |
| shall be deposited into the Circuit Court Clerk Operation and | 7 |
| Administrative Fund created by the Clerk of the Circuit Court | 8 |
| to be used to offset the costs incurred by the Circuit Court | 9 |
| Clerk in performing the additional duties required to collect | 10 |
| and disburse funds to entities of State and local government as | 11 |
| provided by law.
| 12 |
| (j) (Blank). | 13 |
| (k) (h) For any conviction or disposition of court | 14 |
| supervision for a violation of Section 11-1429 of the Illinois | 15 |
| Vehicle Code, the circuit clerk shall distribute the fines paid | 16 |
| by the person as specified by subsection (h) of Section 11-1429 | 17 |
| of the Illinois Vehicle Code. | 18 |
| (l) (h) Any person who receives a disposition of court | 19 |
| supervision for a violation of Section 11-501 of the Illinois | 20 |
| Vehicle Code or a similar provision of a local ordinance shall, | 21 |
| in addition to any other fines, fees, and court costs, pay an | 22 |
| additional fee of $50, which shall
be collected by the circuit | 23 |
| clerk and then remitted to the State Treasurer for deposit into | 24 |
| the Roadside Memorial Fund, a special fund in the State | 25 |
| treasury. However, the court may waive the fee if full | 26 |
| restitution is complied with. Subject to appropriation, all |
|
|
|
HB5285 Enrolled |
- 27 - |
LRB096 15817 AJT 31058 b |
|
| 1 |
| moneys in the Roadside Memorial Fund shall be used by the | 2 |
| Department of Transportation to pay fees imposed under | 3 |
| subsection (f) of Section 20 of the Roadside Memorial Act. The | 4 |
| fee shall be remitted by the circuit clerk within one month | 5 |
| after receipt to the State Treasurer for deposit into the | 6 |
| Roadside Memorial Fund. | 7 |
| (Source: P.A. 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428, | 8 |
| eff. 8-24-07; 95-600, eff. 6-1-08; 95-876, eff. 8-21-08; | 9 |
| 96-576, eff. 8-18-09; 96-578, eff. 8-18-09; 96-625, eff. | 10 |
| 1-1-10; 96-667, eff. 8-25-09; 96-735, eff. 1-1-10; revised | 11 |
| 12-29-09.) | 12 |
| Section 15. The Unified Code of Corrections is amended by | 13 |
| changing Section 5-6-1 as follows:
| 14 |
| (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
| 15 |
| Sec. 5-6-1. Sentences of Probation and of Conditional
| 16 |
| Discharge and Disposition of Supervision.
The General Assembly | 17 |
| finds that in order to protect the public, the
criminal justice | 18 |
| system must compel compliance with the conditions of probation
| 19 |
| by responding to violations with swift, certain and fair | 20 |
| punishments and
intermediate sanctions. The Chief Judge of each | 21 |
| circuit shall adopt a system of
structured, intermediate | 22 |
| sanctions for violations of the terms and conditions
of a | 23 |
| sentence of probation, conditional discharge or disposition of
| 24 |
| supervision.
|
|
|
|
HB5285 Enrolled |
- 28 - |
LRB096 15817 AJT 31058 b |
|
| 1 |
| (a) Except where specifically prohibited by other
| 2 |
| provisions of this Code, the court shall impose a sentence
of | 3 |
| probation or conditional discharge upon an offender
unless, | 4 |
| having regard to the nature and circumstance of
the offense, | 5 |
| and to the history, character and condition
of the offender, | 6 |
| the court is of the opinion that:
| 7 |
| (1) his imprisonment or periodic imprisonment is | 8 |
| necessary
for the protection of the public; or
| 9 |
| (2) probation or conditional discharge would deprecate
| 10 |
| the seriousness of the offender's conduct and would be
| 11 |
| inconsistent with the ends of justice; or
| 12 |
| (3) a combination of imprisonment with concurrent or | 13 |
| consecutive probation when an offender has been admitted | 14 |
| into a drug court program under Section 20 of the Drug | 15 |
| Court Treatment Act is necessary for the protection of the | 16 |
| public and for the rehabilitation of the offender.
| 17 |
| The court shall impose as a condition of a sentence of | 18 |
| probation,
conditional discharge, or supervision, that the | 19 |
| probation agency may invoke any
sanction from the list of | 20 |
| intermediate sanctions adopted by the chief judge of
the | 21 |
| circuit court for violations of the terms and conditions of the | 22 |
| sentence of
probation, conditional discharge, or supervision, | 23 |
| subject to the provisions of
Section 5-6-4 of this Act.
| 24 |
| (b) The court may impose a sentence of conditional
| 25 |
| discharge for an offense if the court is of the opinion
that | 26 |
| neither a sentence of imprisonment nor of periodic
imprisonment |
|
|
|
HB5285 Enrolled |
- 29 - |
LRB096 15817 AJT 31058 b |
|
| 1 |
| nor of probation supervision is appropriate.
| 2 |
| (b-1) Subsections (a) and (b) of this Section do not apply | 3 |
| to a defendant charged with a misdemeanor or felony under the | 4 |
| Illinois Vehicle Code or reckless homicide under Section 9-3 of | 5 |
| the Criminal Code of 1961 if the defendant within the past 12 | 6 |
| months has been convicted of or pleaded guilty to a misdemeanor | 7 |
| or felony under the Illinois Vehicle Code or reckless homicide | 8 |
| under Section 9-3 of the Criminal Code of 1961. | 9 |
| (c) The court may, upon a plea of guilty or a stipulation
| 10 |
| by the defendant of the facts supporting the charge or a
| 11 |
| finding of guilt, defer further proceedings and the
imposition | 12 |
| of a sentence, and enter an order for supervision of the | 13 |
| defendant,
if the defendant is not charged with: (i) a Class A | 14 |
| misdemeanor, as
defined by the following provisions of the | 15 |
| Criminal Code of 1961: Sections
11-9.1; 12-3.2; 12-15; 26-5; | 16 |
| 31-1; 31-6; 31-7; subsections (b) and (c) of Section
21-1;
| 17 |
| paragraph (1) through (5), (8), (10), and (11) of subsection | 18 |
| (a) of Section
24-1; (ii) a Class A misdemeanor violation of | 19 |
| Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals | 20 |
| Act; or (iii)
a felony.
If the defendant
is not barred from | 21 |
| receiving an order for supervision as provided in this
| 22 |
| subsection, the court may enter an order for supervision after | 23 |
| considering the
circumstances of the offense, and the history,
| 24 |
| character and condition of the offender, if the court is of the | 25 |
| opinion
that:
| 26 |
| (1) the offender is not likely to commit further |
|
|
|
HB5285 Enrolled |
- 30 - |
LRB096 15817 AJT 31058 b |
|
| 1 |
| crimes;
| 2 |
| (2) the defendant and the public would be best served | 3 |
| if the
defendant were not to receive a criminal record; and
| 4 |
| (3) in the best interests of justice an order of | 5 |
| supervision
is more appropriate than a sentence otherwise | 6 |
| permitted under this Code.
| 7 |
| (c-5) Subsections (a), (b), and (c) of this Section do not | 8 |
| apply to a defendant charged with a second or subsequent | 9 |
| violation of Section 6-303 of the Illinois Vehicle Code | 10 |
| committed while his or her driver's license, permit or | 11 |
| privileges were revoked because of a violation of Section 9-3 | 12 |
| of the Criminal Code of 1961, relating to the offense of | 13 |
| reckless homicide, or a similar provision of a law of another | 14 |
| state.
| 15 |
| (d) The provisions of paragraph (c) shall not apply to a | 16 |
| defendant charged
with violating Section 11-501 of the Illinois | 17 |
| Vehicle Code or a similar
provision of a local
ordinance when | 18 |
| the defendant has previously been:
| 19 |
| (1) convicted for a violation of Section 11-501 of
the | 20 |
| Illinois Vehicle
Code or a similar provision of a
local | 21 |
| ordinance or any similar law or ordinance of another state; | 22 |
| or
| 23 |
| (2) assigned supervision for a violation of Section | 24 |
| 11-501 of the Illinois
Vehicle Code or a similar provision | 25 |
| of a local ordinance or any similar law
or ordinance of | 26 |
| another state; or
|
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| (3) pleaded guilty to or stipulated to the facts | 2 |
| supporting
a charge or a finding of guilty to a violation | 3 |
| of Section 11-503 of the
Illinois Vehicle Code or a similar | 4 |
| provision of a local ordinance or any
similar law or | 5 |
| ordinance of another state, and the
plea or stipulation was | 6 |
| the result of a plea agreement.
| 7 |
| The court shall consider the statement of the prosecuting
| 8 |
| authority with regard to the standards set forth in this | 9 |
| Section.
| 10 |
| (e) The provisions of paragraph (c) shall not apply to a | 11 |
| defendant
charged with violating Section 16A-3 of the Criminal | 12 |
| Code of 1961 if said
defendant has within the last 5 years | 13 |
| been:
| 14 |
| (1) convicted for a violation of Section 16A-3 of the | 15 |
| Criminal Code of
1961; or
| 16 |
| (2) assigned supervision for a violation of Section | 17 |
| 16A-3 of the Criminal
Code of 1961.
| 18 |
| The court shall consider the statement of the prosecuting | 19 |
| authority with
regard to the standards set forth in this | 20 |
| Section.
| 21 |
| (f) The provisions of paragraph (c) shall not apply to a | 22 |
| defendant
charged with violating Sections 15-111, 15-112, | 23 |
| 15-301, paragraph (b)
of Section 6-104, Section 11-605, Section | 24 |
| 11-1002.5, or Section 11-1414
of the Illinois Vehicle Code or a | 25 |
| similar provision of a local ordinance.
| 26 |
| (g) Except as otherwise provided in paragraph (i) of this |
|
|
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| Section, the
provisions of paragraph (c) shall not apply to a
| 2 |
| defendant charged with violating Section
3-707, 3-708, 3-710, | 3 |
| or 5-401.3
of the Illinois Vehicle Code or a similar provision | 4 |
| of a local ordinance if the
defendant has within the last 5 | 5 |
| years been:
| 6 |
| (1) convicted for a violation of Section 3-707, 3-708, | 7 |
| 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | 8 |
| provision of a local
ordinance; or
| 9 |
| (2) assigned supervision for a violation of Section | 10 |
| 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle | 11 |
| Code or a similar provision of a local
ordinance.
| 12 |
| The court shall consider the statement of the prosecuting | 13 |
| authority with
regard to the standards set forth in this | 14 |
| Section.
| 15 |
| (h) The provisions of paragraph (c) shall not apply to a | 16 |
| defendant under
the age of 21 years charged with violating a | 17 |
| serious traffic offense as defined
in Section 1-187.001 of the | 18 |
| Illinois Vehicle Code:
| 19 |
| (1) unless the defendant, upon payment of the fines, | 20 |
| penalties, and costs
provided by law, agrees to attend and | 21 |
| successfully complete a traffic safety
program approved by | 22 |
| the court under standards set by the Conference of Chief
| 23 |
| Circuit Judges. The accused shall be responsible for | 24 |
| payment of any traffic
safety program fees. If the accused | 25 |
| fails to file a certificate of
successful completion on or | 26 |
| before the termination date of the supervision
order, the |
|
|
|
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| 1 |
| supervision shall be summarily revoked and conviction | 2 |
| entered. The
provisions of Supreme Court Rule 402 relating | 3 |
| to pleas of guilty do not apply
in cases when a defendant | 4 |
| enters a guilty plea under this provision; or
| 5 |
| (2) if the defendant has previously been sentenced | 6 |
| under the provisions of
paragraph (c) on or after January | 7 |
| 1, 1998 for any serious traffic offense as
defined in | 8 |
| Section 1-187.001 of the Illinois Vehicle Code.
| 9 |
| (h-1) The provisions of paragraph (c) shall not apply to a | 10 |
| defendant under the age of 21 years charged with an offense | 11 |
| against traffic regulations governing the movement of vehicles | 12 |
| or any violation of Section 6-107 or Section 12-603.1 of the | 13 |
| Illinois Vehicle Code, unless the defendant, upon payment of | 14 |
| the fines, penalties, and costs provided by law, agrees to | 15 |
| attend and successfully complete a traffic safety program | 16 |
| approved by the court under standards set by the Conference of | 17 |
| Chief Circuit Judges. The accused shall be responsible for | 18 |
| payment of any traffic safety program fees. If the accused | 19 |
| fails to file a certificate of successful completion on or | 20 |
| before the termination date of the supervision order, the | 21 |
| supervision shall be summarily revoked and conviction entered. | 22 |
| The provisions of Supreme Court Rule 402 relating to pleas of | 23 |
| guilty do not apply in cases when a defendant enters a guilty | 24 |
| plea under this provision.
| 25 |
| (i) The provisions of paragraph (c) shall not apply to a | 26 |
| defendant charged
with violating Section 3-707 of the Illinois |
|
|
|
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| 1 |
| Vehicle Code or a similar
provision of a local ordinance if the | 2 |
| defendant has been assigned supervision
for a violation of | 3 |
| Section 3-707 of the Illinois Vehicle Code or a similar
| 4 |
| provision of a local ordinance.
| 5 |
| (j) The provisions of paragraph (c) shall not apply to a
| 6 |
| defendant charged with violating
Section 6-303 of the Illinois | 7 |
| Vehicle Code or a similar provision of
a local ordinance when | 8 |
| the revocation or suspension was for a violation of
Section | 9 |
| 11-501 or a similar provision of a local ordinance or a | 10 |
| violation of
Section 11-501.1 or paragraph (b) of Section | 11 |
| 11-401 of the Illinois Vehicle
Code if the
defendant has within | 12 |
| the last 10 years been:
| 13 |
| (1) convicted for a violation of Section 6-303 of the | 14 |
| Illinois Vehicle
Code or a similar provision of a local | 15 |
| ordinance; or
| 16 |
| (2) assigned supervision for a violation of Section | 17 |
| 6-303 of the Illinois
Vehicle Code or a similar provision | 18 |
| of a local ordinance. | 19 |
| (k) The provisions of paragraph (c) shall not apply to a
| 20 |
| defendant charged with violating
any provision of the Illinois | 21 |
| Vehicle Code or a similar provision of a local ordinance that | 22 |
| governs the movement of vehicles if, within the 12 months | 23 |
| preceding the date of the defendant's arrest, the defendant has | 24 |
| been assigned court supervision on 2 occasions for a violation | 25 |
| that governs the movement of vehicles under the Illinois | 26 |
| Vehicle Code or a similar provision of a local ordinance.
The |
|
|
|
HB5285 Enrolled |
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|
| 1 |
| provisions of this paragraph (k) do not apply to a defendant | 2 |
| charged with violating Section 11-501 of the Illinois Vehicle | 3 |
| Code or a similar provision of a local ordinance.
| 4 |
| (l) A defendant charged with violating any provision of the | 5 |
| Illinois Vehicle Code or a similar provision of a local | 6 |
| ordinance who receives a disposition of supervision under | 7 |
| subsection (c) shall pay an additional fee of $29, to be | 8 |
| collected as provided in Sections 27.5 and 27.6 of the Clerks | 9 |
| of Courts Act. In addition to the $29 fee, the person shall | 10 |
| also pay a fee of $6, which, if not waived by the court, shall | 11 |
| be collected as provided in Sections 27.5 and 27.6 of the | 12 |
| Clerks of Courts Act. The $29 fee shall be disbursed as | 13 |
| provided in Section 16-104c of the Illinois Vehicle Code. If | 14 |
| the $6 fee is collected, $5.50 of the fee shall be deposited | 15 |
| into the Circuit Court Clerk Operation and Administrative Fund | 16 |
| created by the Clerk of the Circuit Court and 50 cents of the | 17 |
| fee shall be deposited into the Prisoner Review Board Vehicle | 18 |
| and Equipment Fund in the State treasury.
| 19 |
| (m) Any person convicted of, pleading guilty to, or placed | 20 |
| on supervision for a serious traffic violation, as defined in | 21 |
| Section 1-187.001 of the Illinois Vehicle Code, a violation of | 22 |
| Section 11-501 of the Illinois Vehicle Code, or a violation of | 23 |
| a similar provision of a local ordinance shall pay an | 24 |
| additional fee of $35 $20 , to be disbursed as provided in | 25 |
| Section 16-104d of that Code. | 26 |
| This subsection (m) becomes inoperative 7 years after |
|
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|
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|
| 1 |
| October 13, 2007 (the effective date of Public Act 95-154).
| 2 |
| (n)
The provisions of paragraph (c) shall not apply to any | 3 |
| person under the age of 18 who commits an offense against | 4 |
| traffic regulations governing the movement of vehicles or any | 5 |
| violation of Section 6-107 or Section 12-603.1 of the Illinois | 6 |
| Vehicle Code, except upon personal appearance of the defendant | 7 |
| in court and upon the written consent of the defendant's parent | 8 |
| or legal guardian, executed before the presiding judge. The | 9 |
| presiding judge shall have the authority to waive this | 10 |
| requirement upon the showing of good cause by the defendant.
| 11 |
| (o)
The provisions of paragraph (c) shall not apply to a | 12 |
| defendant charged with violating Section 6-303 of the Illinois | 13 |
| Vehicle Code or a similar provision of a local ordinance when | 14 |
| the suspension was for a violation of Section 11-501.1 of the | 15 |
| Illinois Vehicle Code and when: | 16 |
| (1) at the time of the violation of Section 11-501.1 of | 17 |
| the Illinois Vehicle Code, the defendant was a first | 18 |
| offender pursuant to Section 11-500 of the Illinois Vehicle | 19 |
| Code and the defendant failed to obtain a monitoring device | 20 |
| driving permit; or | 21 |
| (2) at the time of the violation of Section 11-501.1 of | 22 |
| the Illinois Vehicle Code, the defendant was a first | 23 |
| offender pursuant to Section 11-500 of the Illinois Vehicle | 24 |
| Code, had subsequently obtained a monitoring device | 25 |
| driving permit, but was driving a vehicle not equipped with | 26 |
| a breath alcohol ignition interlock device as defined in |
|
|
|
HB5285 Enrolled |
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|
| 1 |
| Section 1-129.1 of the Illinois Vehicle Code.
| 2 |
| (Source: P.A. 95-154, eff. 10-13-07; 95-302, eff. 1-1-08; | 3 |
| 95-310, eff. 1-1-08; 95-377, eff. 1-1-08; 95-400, eff. 1-1-09; | 4 |
| 95-428, 8-24-07; 95-876, eff. 8-21-08; 96-253, eff. 8-11-09; | 5 |
| 96-286, eff. 8-11-09; 96-328, eff. 8-11-09; 96-625, eff. | 6 |
| 1-1-10; revised 10-1-09.)
| 7 |
| Section 99. Effective date. This Act takes effect 60 days | 8 |
| after becoming law.
|
|