Full Text of HB5878 95th General Assembly
HB5878 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5878
Introduced , by Rep. Jim Sacia SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/16-105 |
from Ch. 95 1/2, par. 16-105 |
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Amends the Illinois Vehicle Code. In provisions concerning payment and disposition of fines and penalties
recovered under Chapters 11 through 16 of the
Code, provides instead that those provisions apply to payment and disposition of fines and penalties
recovered under Chapters 3 through 18d of the
Code. Provides that if a violation is prosecuted by
the authorities of the county, any fines or penalties recovered shall be disbursed pursuant to Supreme Court Rule 529
(instead of paid to the county treasurer). Provides that if a violator was
arrested by the State Police, the State Police's portion of the fine shall be deposited into the State Police Vehicle Fund, except as otherwise specified.
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A BILL FOR
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HB5878 |
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LRB095 19988 WGH 46422 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 16-105 as follows:
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| (625 ILCS 5/16-105) (from Ch. 95 1/2, par. 16-105)
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| Sec. 16-105. Disposition of fines and forfeitures.
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| (a) Except as provided in Section 16-104a of this Act and | 9 |
| except for
those amounts required to be paid into the Traffic | 10 |
| and Criminal Conviction
Surcharge Fund in the State Treasury | 11 |
| pursuant to Section 9.1 of the
Illinois Police Training Act and | 12 |
| Section 5-9-1 of the Unified Code of
Corrections and except | 13 |
| those amounts subject to disbursement by the circuit
clerk | 14 |
| under Section 27.5 of the Clerks of Courts Act, fines and | 15 |
| penalties
recovered under the provisions of Chapters 3 11 | 16 |
| through 18d 16 inclusive of this
Code shall be paid and used as | 17 |
| follows:
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| 1. For offenses committed upon a highway within the | 19 |
| limits of a
city, village, or incorporated town or under | 20 |
| the jurisdiction of any
park district, to the treasurer of | 21 |
| the particular city, village,
incorporated town or park | 22 |
| district, if the violator was arrested by the
authorities | 23 |
| of the city, village, incorporated town or park district,
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HB5878 |
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LRB095 19988 WGH 46422 b |
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| provided the police officers and officials of cities, | 2 |
| villages,
incorporated towns and park districts shall | 3 |
| seasonably prosecute for all
fines and penalties under this | 4 |
| Code. If the violation is prosecuted by
the authorities of | 5 |
| the county, any fines or penalties recovered shall be | 6 |
| disbursed pursuant to Supreme Court Rule 529
paid to the | 7 |
| county treasurer . Provided further that if the violator was
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| arrested by the State Police, the State Police's portion of | 9 |
| the fine shall be deposited into the State Police Vehicle | 10 |
| Fund except that fines and penalties recovered under the
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| provisions of paragraph (a) of Section 15-113 of this Code | 12 |
| or paragraph (e)
of Section 15-316 of this Code shall be | 13 |
| paid
over to the Department of State Police which shall | 14 |
| thereupon remit the
amount of the fines and penalties so | 15 |
| received to the State Treasurer who shall
deposit the | 16 |
| amount so remitted in the special fund in the State | 17 |
| treasury
known as the Road Fund except that if the | 18 |
| violation is prosecuted by the
State's Attorney, 10% of the | 19 |
| fine or penalty recovered shall be paid to
the State's | 20 |
| Attorney as a fee of his office and the balance shall be
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| paid over to the Department of State Police for remittance | 22 |
| to and
deposit by the State Treasurer as hereinabove | 23 |
| provided.
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| 2. Except as provided in paragraph 4, for offenses | 25 |
| committed upon any
highway outside the limits of a
city, | 26 |
| village, incorporated town or park district, to the county
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HB5878 |
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LRB095 19988 WGH 46422 b |
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| treasurer of the county where the offense was committed | 2 |
| except if such
offense was committed on a highway | 3 |
| maintained by or under the
supervision of a township, | 4 |
| township district, or a road district to the
Treasurer | 5 |
| thereof for deposit in the road and bridge fund of such
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| township or other district; Provided, that fines and | 7 |
| penalties recovered
under the provisions of paragraph (a) | 8 |
| of Section 15-113, paragraph (d) of
Section 3-401, or | 9 |
| paragraph (e) of Section 15-316 of this Code shall
be paid | 10 |
| over to the Department of State Police which shall | 11 |
| thereupon remit
the amount of the fines and penalties so | 12 |
| received to the State Treasurer
who shall deposit the | 13 |
| amount so remitted in the special fund in the State
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| treasury known as the Road Fund except that if the | 15 |
| violation is prosecuted
by the State's Attorney, 10% of the | 16 |
| fine or penalty recovered shall be paid
to the State's | 17 |
| Attorney as a fee of his office and the balance shall be
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| paid over to the Department of State Police for remittance | 19 |
| to and deposit
by the State Treasurer as hereinabove | 20 |
| provided.
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| 3. Notwithstanding subsections 1 and 2 of this | 22 |
| paragraph, for violations
of overweight and overload | 23 |
| limits found in Sections 15-101 through 15-203
of this | 24 |
| Code, which are committed upon the highways belonging to | 25 |
| the Illinois
State Toll Highway Authority, fines and | 26 |
| penalties shall be paid over to
the Illinois State Toll |
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HB5878 |
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LRB095 19988 WGH 46422 b |
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| Highway Authority for deposit with the State Treasurer
into | 2 |
| that special fund known as the Illinois State Toll Highway | 3 |
| Authority
Fund, except that if the violation is prosecuted | 4 |
| by the State's Attorney,
10% of the fine or penalty | 5 |
| recovered shall be paid to the State's Attorney
as a fee of | 6 |
| his office and the balance shall be paid over to the | 7 |
| Illinois
State Toll Highway Authority for remittance to and | 8 |
| deposit by the State
Treasurer as hereinabove provided.
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| 4. With regard to violations of overweight and overload | 10 |
| limits found in
Sections 15-101 through 15-203 of this Code | 11 |
| committed by operators of vehicles
registered as Special | 12 |
| Hauling Vehicles, for offenses committed upon a highway
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| within the limits of a city, village, or incorporated town | 14 |
| or under the
jurisdiction of any park district, all fines | 15 |
| and penalties shall be paid over
or retained as required in | 16 |
| paragraph 1. However, with regard to the above
offenses | 17 |
| committed by operators of vehicles registered as Special | 18 |
| Hauling
Vehicles upon any highway outside the limits of a | 19 |
| city, village, incorporated
town or park district, fines | 20 |
| and penalties shall be paid over or retained by
the entity | 21 |
| having jurisdiction over the road or highway upon which the | 22 |
| offense
occurred, except that if the violation is | 23 |
| prosecuted by the State's Attorney,
10% of the fine or | 24 |
| penalty recovered shall be paid to the State's Attorney as | 25 |
| a
fee of his office.
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| (b) Failure, refusal or neglect on the part of any judicial |
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HB5878 |
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LRB095 19988 WGH 46422 b |
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| or other
officer or employee receiving or having custody of any | 2 |
| such fine or
forfeiture either before or after a deposit with | 3 |
| the proper official as
defined in paragraph (a) of this | 4 |
| Section, shall constitute misconduct in
office and shall be | 5 |
| grounds for removal therefrom.
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| (Source: P.A. 88-403; 88-476; 88-535; 89-117, eff. 7-7-95.)
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