(625 ILCS 5/16-105) (from Ch. 95 1/2, par. 16-105)
Sec. 16-105. Disposition of fines and forfeitures.
(a) Except as provided in Section 15-113 of this Act and except those amounts subject to disbursement by the circuit
clerk under the Criminal and Traffic Assessment Act, fines and penalties
recovered under the provisions of Chapters 3 through 17 and 18b inclusive of this
Code shall be paid and used as follows:
1. For offenses committed upon a highway within the |
| limits of a city, village, or incorporated town or under the jurisdiction of any park district, to the treasurer of the particular city, village, incorporated town, or park district, if the violator was arrested by the authorities of the city, village, incorporated town, or park district, provided the police officers and officials of cities, villages, incorporated towns, and park districts shall seasonably prosecute for all fines and penalties under this Code. If the violation is prosecuted by the authorities of the county, any fines or penalties recovered shall be paid to the county treasurer, except that fines and penalties recovered from violations arrested by the Illinois State Police shall be remitted to the State Treasurer for deposit into the State Police Law Enforcement Administration Fund. Provided further that if the violator was arrested by the Illinois State Police, fines and penalties recovered under the provisions of paragraph (a) of Section 15-113 of this Code or paragraph (e) of Section 15-316 of this Code shall be remitted to the State Treasurer who shall deposit the amount so remitted in the special fund in the State treasury known as the Road Fund except that if the violation is prosecuted by the State's Attorney, 10% of the fine or penalty recovered shall be paid to the State's Attorney as a fee of his office and the balance shall be remitted to the State Treasurer for remittance to and deposit by the State Treasurer as hereinabove provided.
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2. Except as provided in paragraph 4, for offenses
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| committed upon any highway outside the limits of a city, village, incorporated town, or park district, to the county treasurer of the county where the offense was committed except if such offense was committed on a highway maintained by or under the supervision of a township, township district, or a road district to the Treasurer thereof for deposit in the road and bridge fund of such township or other district, except that fines and penalties recovered from violations arrested by the Illinois State Police shall be remitted to the State Treasurer for deposit into the State Police Law Enforcement Administration Fund; provided that fines and penalties recovered under the provisions of paragraph (a) of Section 15-113, paragraph (d) of Section 3-401, or paragraph (e) of Section 15-316 of this Code shall be remitted to the State Treasurer who shall deposit the amount so remitted in the special fund in the State treasury known as the Road Fund except that if the violation is prosecuted by the State's Attorney, 10% of the fine or penalty recovered shall be paid to the State's Attorney as a fee of his office and the balance shall be remitted to the State Treasurer for remittance to and deposit by the State Treasurer as hereinabove provided.
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3. Notwithstanding subsections 1 and 2 of this
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| paragraph, for violations of overweight and overload limits found in Sections 15-101 through 15-203 of this Code, which are committed upon the highways belonging to the Illinois State Toll Highway Authority, fines and penalties shall be remitted to the Illinois State Toll Highway Authority for deposit with the State Treasurer into that special fund known as the Illinois State Toll Highway Authority Fund, except that if the violation is prosecuted by the State's Attorney, 10% of the fine or penalty recovered shall be paid to the State's Attorney as a fee of his office and the balance shall be remitted to the Illinois State Toll Highway Authority for remittance to and deposit by the State Treasurer as hereinabove provided.
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4. With regard to violations of overweight and
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| overload limits found in Sections 15-101 through 15-203 of this Code committed by operators of vehicles registered as Special Hauling Vehicles, for offenses committed upon a highway within the limits of a city, village, or incorporated town or under the jurisdiction of any park district, all fines and penalties shall be paid over or retained as required in paragraph 1. However, with regard to the above offenses committed by operators of vehicles registered as Special Hauling Vehicles upon any highway outside the limits of a city, village, incorporated town, or park district, fines and penalties shall be paid over or retained by the entity having jurisdiction over the road or highway upon which the offense occurred, except that if the violation is prosecuted by the State's Attorney, 10% of the fine or penalty recovered shall be paid to the State's Attorney as a fee of his office.
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(b) Failure, refusal, or neglect on the part of any judicial or other
officer or employee receiving or having custody of any such fine or
forfeiture either before or after a deposit with the proper official as
defined in paragraph (a) of this Section, shall constitute misconduct in
office and shall be grounds for removal therefrom.
(Source: P.A. 102-145, eff. 7-23-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
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(625 ILCS 5/16-106) (from Ch. 95 1/2, par. 16-106)
Sec. 16-106.
For offenses committed under the provisions of this Act or the
ordinances of any municipality, park district or county which involve the
regulation of the ownership, use or operation of vehicles, the police
officers and officials of such municipalities and park districts, and
sheriffs shall,
when issuing a traffic ticket, other citation, or Notice to Appear in
lieu of either, in counties other than Cook, also issue written notice
to the accused in substantially the following form:
AVOID MULTIPLE COURT APPEARANCES
If you intend to plead "not guilty" to this charge, or if, in
addition, you intend to demand a trial by jury, so notify the clerk of
the court at least 5 days (excluding Saturdays, Sundays or holidays)
before the day set for your appearance. A new appearance date will be
set, and arrangements will be made to have the arresting officer present
on that new date. Failure to notify the clerk of either your intention
to plead "not guilty" or your intention to demand a jury trial, may
result in your having to return to court, if you plead "not guilty" on
the date originally set for your court appearance. Upon timely receipt
of notice that the accused intends to plead "not guilty", the clerk
shall set a new appearance date not less than 7 days nor more than 49
days after the original appearance date set by the arresting officer,
and notify all parties of the new date and the time for appearance. If
the accused fails to notify the clerk as provided above, the arresting
officer's failure to appear on the date originally set for appearance
may, in counties other than Cook, be considered good cause for a
continuance.
(Source: P.A. 81-781.)
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(625 ILCS 5/16-106.5)
Sec. 16-106.5.
Pilot project; notice of violation to owner.
(a) A pilot project is created that shall be in operation from January 1,
2002
through December 31, 2003 in the counties of DuPage, Kendall, and Sangamon.
Under
the pilot project, when a traffic citation is issued for a violation of this
Code to a person who is
under the age of 18 years, who is a resident of the county in which the traffic
citation was issued, and who is not the registered owner of the vehicle named
in the
traffic citation, the circuit clerk of the county in which the traffic citation
was issued
shall, within 10 days after the traffic citation is filed with the circuit
clerk, send notice of
the issuance of the traffic citation to the registered owner of the vehicle.
The notice must
include:
(1) the date and time the violation was alleged to |
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(2) the location where the violation was alleged to
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(3) the name of the person cited for committing the
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(4) the violation alleged to have been committed; and
(5) the date and time of any required court
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| appearance by the person cited for committing the alleged violation.
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(b) On or before March 31, 2004, the Department of State Police shall report
to
the General Assembly on the effectiveness of the pilot project.
(Source: P.A. 92-344, eff. 8-10-01.)
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