(705 ILCS 135/Art. 1 heading)
Article 1. General Provisions
(Source: P.A. 100-987, eff. 7-1-19.) |
(705 ILCS 135/1-1)
Sec. 1-1. Short title. This Act may be cited as the Criminal and Traffic Assessment Act.
(Source: P.A. 100-987, eff. 7-1-19 .) |
(705 ILCS 135/1-5) Sec. 1-5. Definitions. In this Act: "Assessment" means any costs imposed on a defendant under schedules 1 through 13 of this Act. "Business offense" means any offense punishable by a fine in excess of $1,000 and for which a sentence of imprisonment is not an authorized disposition. "Case" means all charges and counts filed against a single defendant which are being prosecuted as a single proceeding before the court. "Count" means each separate offense charged in the same indictment, information, or complaint when the indictment, information, or complaint alleges the commission of more than one offense. "Conservation offense" means any violation of the following Acts, Codes, or ordinances, except any offense punishable upon conviction by imprisonment in the penitentiary: (1) Fish and Aquatic Life Code; (2) Wildlife Code; (3) Boat Registration and Safety Act; (4) Park District Code; (5) Chicago Park District Act; (6) State Parks Act; (7) State Forest Act; (8) Forest Fire Protection District Act; (9) Snowmobile Registration and Safety Act; (10) Endangered Species Protection Act; (11) Forest Products Transportation Act; (12) Timber Buyers Licensing Act; (13) Downstate Forest Preserve District Act; (14) Illinois Exotic Weeds Act; (15) Ginseng Harvesting Act; (16) Cave Protection Act; (17) ordinances adopted under the Counties Code for | ||
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(18) Recreational Trails of Illinois Act; (19) Herptiles-Herps Act; or (20) any rule, regulation, proclamation, or ordinance | ||
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"Conviction" means a judgment of conviction or sentence entered upon a plea of guilty or upon a verdict or finding of guilty of an offense, rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury. "Drug offense" means any violation of the Cannabis Control Act, the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or any similar local ordinance which involves the possession or delivery of a drug. "Drug-related emergency response" means the act of collecting evidence from or securing a site where controlled substances were manufactured, or where by-products from the manufacture of controlled substances are present, and cleaning up the site, whether these actions are performed by public entities or private contractors paid by public entities. "Electronic citation" means the process of transmitting traffic, misdemeanor, ordinance, conservation, or other citations and law enforcement data via electronic means to a circuit court clerk. "Emergency response" means any incident requiring a response by a police officer, an ambulance, a firefighter carried on the rolls of a regularly constituted fire department or fire protection district, a firefighter of a volunteer fire department, or a member of a recognized not-for-profit rescue or emergency medical service provider. "Emergency response" does not include a drug-related emergency response. "Felony offense" means an offense for which a sentence to a term of imprisonment in a penitentiary for one year or more is provided. "Fine" means a pecuniary punishment for a conviction or supervision disposition as ordered by a court of law. "Highest classified offense" means the offense in the case which carries the most severe potential disposition under Article 4.5 of Chapter V of the Unified Code of Corrections. "Major traffic offense" means a traffic offense, as defined by paragraph (f) of Supreme Court Rule 501, other than a petty offense or business offense. "Minor traffic offense" means a traffic offense, as defined by paragraph (f) of Supreme Court Rule 501, that is a petty offense or business offense. "Misdemeanor offense" means any offense for which a sentence to a term of imprisonment in other than a penitentiary for less than one year may be imposed. "Offense" means a violation of any local ordinance or penal statute of this State. "Petty offense" means any offense punishable by a fine of up to $1,000 and for which a sentence of imprisonment is not an authorized disposition. "Service provider costs" means costs incurred as a result of services provided by an entity including, but not limited to, traffic safety programs, laboratories, ambulance companies, and fire departments. "Service provider costs" includes conditional amounts under this Act that are reimbursements for services provided. "Street value" means the amount determined by the court on the basis of testimony of law enforcement personnel and the defendant as to the amount of drug or materials seized and any testimony as may be required by the court as to the current street value of the cannabis, controlled substance, methamphetamine or salt of an optical isomer of methamphetamine, or methamphetamine manufacturing materials seized. "Supervision" means a disposition of conditional and revocable release without probationary supervision, but under the conditions and reporting requirements as are imposed by the court, at the successful conclusion of which disposition the defendant is discharged and a judgment dismissing the charges is entered. (Source: P.A. 103-620, eff. 1-1-25 .) |
(705 ILCS 135/1-10) Sec. 1-10. Assessment reports. (a) Not later than February 29, 2020, the clerk of the circuit court
shall file with the Administrative Office of the Illinois Courts: (1) a report for the period July 1, 2019 through | ||
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(2) a report for the period July 1, 2019 through | ||
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(3) a report for the period July 1, 2019 through | ||
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(b) The Administrative Office of the Illinois Courts shall publish the reports submitted under this Section on its website. (c) A list of offenses that qualify as drug offenses for Schedules 3 and 7 and a list of offenses that qualify as sex offenses for Schedules 4 and 8 shall be distributed to clerks of the circuit court by the Administrative Office of the Illinois Courts.
(Source: P.A. 100-1161, eff. 7-1-19 .) |
(705 ILCS 135/Art. 5 heading)
Article 5. Assessment Procedures
(Source: P.A. 100-987, eff. 7-1-19.) |
(705 ILCS 135/5-5)
Sec. 5-5. Minimum fine.
Unless otherwise specified by law, the minimum fine for a conviction or supervision disposition on a minor traffic offense is $25 and the minimum fine for a conviction, supervision disposition, or violation based upon a plea of guilty or finding of guilt for any other offense is $75. If the court finds that the fine would impose an undue burden on the victim, the court may reduce or waive the fine. In this Section, "victim" shall not be construed to include the defendant.
Except for traffic fines, fines and assessments, such as fees or administrative costs, authorized under this Section shall not be ordered or imposed on a minor subject to Article III, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian.
(Source: P.A. 103-379, eff. 7-28-23.) |
(705 ILCS 135/5-10)
Sec. 5-10. Schedules; payment.
(a) In each case, the court shall order an assessment at the time of sentencing, as set forth in this Act, for a defendant to pay in addition to any fine, restitution, or forfeiture ordered by the court when the defendant is convicted of, pleads guilty to, or is placed on court supervision for a violation of a statute of this State or a similar local ordinance. The court may order a fine, restitution, or forfeiture on any violation that is being sentenced but shall order only one assessment from the Schedule of Assessments 1 through 13 of this Act for all sentenced violations in a case, that being the schedule applicable to the highest classified offense violation that is being sentenced, plus any conditional assessments under Section 15-70 of this Act applicable to any sentenced violation in the case. (a-5) Except for restitution and traffic violations, fines and assessments, such as fees or administrative costs, authorized under this Section shall not be ordered or imposed on a minor subject to Article III, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian. (b) If the court finds that the schedule of assessments will cause an undue burden on any victim in a case or if the court orders community service or some other punishment in place of the applicable schedule of assessments, the court may reduce the amount set forth in the applicable schedule of assessments or not order the applicable schedule of assessments. If the court reduces the amount set forth in the applicable schedule of assessments, then all recipients of the funds collected will receive a prorated amount to reflect the reduction. (c) The court may order the assessments to be paid forthwith or within a specified period of time or in installments. (c-3) Excluding any ordered conditional assessment, if
the assessment is not paid within the period of probation, conditional
discharge, or supervision to which the defendant was originally sentenced,
the court may extend the period of probation, conditional discharge, or
supervision under Section 5-6-2 or 5-6-3.1 of the Unified Code of
Corrections, as applicable, until the assessment is paid or until
successful completion of public or community service set forth in
subsection (b) of Section 5-20 of this Act or the successful completion of the substance abuse
intervention or treatment program set forth in subsection (c-5) of this Section. Except for traffic violations, assessments, such as fees or administrative costs, under this subsection (c-3) shall not be ordered or imposed on a minor subject to Article III, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian. (c-5) Excluding any ordered conditional assessment, the court may suspend the collection of the assessment; provided, the defendant agrees to enter a substance
abuse intervention or treatment program approved by the court; and further
provided that the defendant agrees to pay for all or some portion of the
costs associated with the intervention or treatment program. In this case,
the collection of the assessment shall be
suspended during the defendant's participation in the approved
intervention or treatment program. Upon successful
completion of the program, the defendant may apply to the court to reduce
the assessment imposed under this Section by any amount actually paid
by the defendant for his or her participation in the program. The court shall not
reduce the assessment under this subsection unless the defendant
establishes to the satisfaction of the court that he or she has successfully
completed the intervention or treatment program. If the defendant's
participation is for any reason terminated before his or her successful completion
of the intervention or treatment program, collection of the entire
assessment imposed under this Act shall be enforced. Nothing in this
Section shall be deemed to affect or suspend any other fines, restitution
costs, forfeitures, or assessments imposed under this or any other Act. Except for traffic violations, assessments, such as fees or administrative costs, under this subsection (c-5) shall not be ordered or imposed on a minor subject to Article III, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian. (d) Except as provided in Section 5-15 of this Act, the defendant shall pay to the clerk of the court and the clerk shall remit the assessment to the appropriate entity as set forth in the ordered schedule of assessments within one month of its receipt. (e) Unless a court ordered payment schedule is implemented or the assessment
requirements of this Act are waived under a court order, the clerk of
the circuit court may add to any unpaid assessments under this Act a delinquency
amount equal to 5% of the unpaid assessments that remain unpaid after 30 days, 10% of
the unpaid assessments that remain unpaid after 60 days, and 15% of the unpaid assessments
that remain unpaid after 90 days. Notice to those parties may be made by
signage posting or publication. The additional delinquency amounts collected under this Section shall
be deposited into the Circuit Clerk Operations and Administration Fund and used to defray additional administrative costs incurred by the clerk of the
circuit court in collecting unpaid assessments.
(f) The clerk of the circuit court shall not add delinquency amounts to unpaid assessments against a minor subject to Article III, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian. (Source: P.A. 103-379, eff. 7-28-23.) |
(705 ILCS 135/5-15)
Sec. 5-15. Service provider costs.
Unless otherwise provided in Article 15 of this Act, the defendant shall pay service provider costs to the entity that provided the service. Service provider costs are not eligible for credit for time served, substitution of community service, or waiver. The circuit court may, through administrative order or local rule, appoint the clerk of the court as the receiver and remitter of certain service provider costs, which may include, but are not limited to, probation fees, traffic school fees, or drug or alcohol testing fees. Except for traffic violations, fines and assessments, such as fees or administrative costs, authorized in this Section shall not be ordered or imposed on a minor subject to Article III, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian.
(Source: P.A. 103-379, eff. 7-28-23.) |
(705 ILCS 135/5-20)
Sec. 5-20. Credit; time served; community service.
(a) Any credit for time served prior to sentencing that reduces the amount a defendant is required to pay shall be deducted from the fine, if any, ordered by the court. (b) Excluding any ordered conditional assessment, a defendant who has been ordered to pay an assessment may petition
the court to convert all or part of the assessment into court-approved
public or community service. The period of public service necessary to satisfy the assessment shall be set by the court, but in no event shall the hourly rate of the public or community service performed by the defendant be equivalent to less than the minimum wage of this State. The court may adjust the hourly rate of public or community service in accordance with this amendatory Act of the 102nd General Assembly for any mandatory assessments imposed between July 1, 2019 and the effective date of this amendatory Act of the 102nd General Assembly. The performance of this public or
community service may be a condition of probation, conditional
discharge, or supervision and shall be in addition to the performance of any
other period of public or community service ordered by the court or required
by law.
(Source: P.A. 101-408, eff. 1-1-20; 102-620, eff. 8-27-21 .) |
(705 ILCS 135/Art. 10 heading)
Article 10. Funds
(Source: P.A. 100-987, eff. 7-1-19.) |
(705 ILCS 135/10-5)
Sec. 10-5. Funds.
(a) All money collected by the Clerk of the Circuit Court under Article 15 of this Act shall be remitted as directed in Article 15 of this Act to the county treasurer, to the State Treasurer, and to the treasurers of the units of local government. If an amount payable to any of the treasurers is less than $10, the clerk may postpone remitting the money until $10 has accrued or by the end of fiscal year. The treasurers shall deposit the money as indicated in the schedules, except, in a county with a population of over 3,000,000, money remitted to the county treasurer shall be subject to appropriation by the county board. Any amount retained by the Clerk of the Circuit Court in a county with a population of over 3,000,000 shall be subject to appropriation by the county board. (b) The county treasurer or the treasurer of the unit of local government may create the funds indicated in paragraphs (1) through (5), (9), and (16) of subsection (d) of this Section, if not already in existence. If a county or unit of local government has not instituted, and does not plan to institute a program that uses a particular fund, the treasurer need not create the fund and may instead deposit the money intended for the fund into the general fund of the county or unit of local government for use in financing the court system. (c) If the arresting agency is a State agency, the arresting agency portion shall be remitted by the clerk of court to the State Treasurer who shall deposit the portion as follows: (1) if the arresting agency is the Illinois State | ||
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(2) if the arresting agency is the Department of | ||
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(3) if the arresting agency is the Secretary of | ||
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(4) if the arresting agency is the Illinois Commerce | ||
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(d) Fund descriptions and provisions: (1) The Court Automation Fund is to defray the | ||
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(2) The Document Storage Fund is to defray the | ||
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(3) The Circuit Clerk Operations and Administration | ||
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(4) The State's Attorney Records Automation Fund is | ||
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(5) The Public Defender Records Automation Fund is to | ||
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(6) The DUI Fund shall be used for enforcement and | ||
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(7) The Trauma Center Fund shall be distributed as | ||
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(8) The Probation and Court Services Fund is to be | ||
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(9) The Circuit Court Clerk Electronic Citation Fund | ||
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(10) The Drug Treatment Fund is a special fund in the | ||
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(11) The Violent Crime Victims Assistance Fund is a | ||
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(12) The Criminal Justice Information Projects Fund | ||
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(13) The Sexual Assault Services Fund shall be | ||
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(14) The County Jail Medical Costs Fund is to help | ||
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(15) The Prisoner Review Board Vehicle and Equipment | ||
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(16) In each county in which a Children's Advocacy | ||
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(Source: P.A. 101-636, eff. 6-10-20; 102-538, eff. 8-20-21 .) |
(705 ILCS 135/Art. 15 heading)
Article 15. Assessment Schedules
(Source: P.A. 100-987, eff. 7-1-19.) |
(705 ILCS 135/15-5)
Sec. 15-5. SCHEDULE 1; generic felony offenses.
SCHEDULE 1: Unless assessments are imposed by the court under another schedule of this Act, for a felony offense, the Clerk of the Circuit Court shall collect $549 and remit as follows: (1)
As the county's portion, $354 to the county treasurer, who shall deposit the money as follows: (A) $20 into the Court Automation Fund; (B) $20 into the Court Document Storage Fund; (C) $5 into the Circuit Court Clerk Operation and | ||
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(D) $255 into the county's General Fund; (E)
$10 into the Child Advocacy Center Fund; (F) $2 into the State's Attorney Records Automation | ||
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(G) $2 into the Public Defender Records Automation | ||
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(H) $20 into the County Jail Medical Costs Fund;
and (I) $20 into the Probation and Court Services Fund. (2) As the State's portion, $195 to the State Treasurer, who shall deposit the money as follows: (A) $50 into the State Police Operations Assistance | ||
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(B) $100 into the Violent Crime Victims Assistance | ||
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(C) $10 into the State Police Merit Board Public | ||
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(D) $35 into the Traffic and Criminal Conviction | ||
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(Source: P.A. 100-987, eff. 7-1-19 .) |
(705 ILCS 135/15-10)
Sec. 15-10. SCHEDULE 2; felony DUI offenses. SCHEDULE 2: For a felony under Section 11-501 of the Illinois Vehicle Code, Section 5-7 of the Snowmobile Registration and Safety Act, Section 5-16 of the Boat Registration and Safety Act, or a similar provision of a local ordinance, the Clerk of the Circuit Court shall collect $1,709 and remit as follows: (1)
As the county's portion, $399 to the county treasurer, who shall deposit the money as follows: (A) $20 into the Court Automation Fund; (B) $20 into the Court Document Storage Fund; (C) $5 into the Circuit Court Clerk Operation and | ||
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(D) $300 into the county's General Fund; (E)
$10 into the Child Advocacy Center Fund; (F) $2 into the State's Attorney Records Automation | ||
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(G) $2 into the Public Defender Records Automation | ||
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(H) $20 into the County Jail Medical Costs Fund; and (I)
$20 into the Probation and Court Services Fund. (2) As the State's portion, $1,110 to the State Treasurer, who shall deposit the money as follows: (A) $730 into the State Police Operations Assistance | ||
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(B)
$5 into the Drivers Education Fund; (C)
$100 into the Trauma Center Fund; (D) $5 into the Spinal Cord Injury Paralysis Cure | ||
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(E) $5 into the State Police Merit Board Public | ||
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(F) $160 into the Traffic and Criminal Conviction | ||
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(G) $5 into the Law Enforcement Camera Grant Fund; and (H) $100 into the Violent Crime Victims Assistance | ||
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(3)
As the arresting agency's portion, $200 to the treasurer of the unit of local government of the arresting agency, who shall deposit the money into the DUI Fund of that unit of local government or as provided in subsection (c) of Section 10-5 of this Act if the arresting agency is a State agency, unless more than one agency is responsible for the arrest in which case the amount shall be remitted to each unit of government equally.
(Source: P.A. 100-987, eff. 7-1-19 .) |
(705 ILCS 135/15-15)
Sec. 15-15. SCHEDULE 3; felony drug offenses. SCHEDULE 3: For a felony under the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act, the Clerk of the Circuit Court shall collect $2,215 and remit as follows: (1)
As the county's portion, $354 to the county treasurer, who shall deposit the money as follows: (A) $20 into the Court Automation Fund; (B) $20 into the Court Document Storage Fund; (C) $5 into the Circuit Court Clerk Operation and | ||
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(D) $255 into the county's General Fund; (E)
$10 into the Child Advocacy Center Fund; (F) $2 into the State's Attorney Records Automation | ||
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(G) $2 into the Public Defender Records Automation | ||
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(H) $20 into the County Jail Medical Costs Fund; and (I)
$20 into the Probation and Court Services Fund. (2) As the State's portion, $1,861 to the State Treasurer, who shall deposit the money as follows: (A) $50 into the State Police Operations Assistance | ||
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(B) $100 into the Violent Crime Victims Assistance | ||
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(C)
$100 into the Trauma Center Fund; and (D) $5 into the Spinal Cord Injury Paralysis Cure | ||
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(E) $1,500 into the Drug Treatment Fund; (F) $5 into the State Police Merit Board Public | ||
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(G) $38 into the Prescription Pill and Drug Disposal | ||
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(H) $28 into the Criminal Justice Information | ||
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(I) $35 into the Traffic and Criminal Conviction | ||
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(Source: P.A. 100-987, eff. 7-1-19 .) |
(705 ILCS 135/15-20)
Sec. 15-20. SCHEDULE 4; felony sex offenses. SCHEDULE 4: For a felony or attempted felony under Article 11 or Section 12-33 of the Criminal Code of 2012, the Clerk of the Circuit Court shall collect $1,314 and remit as follows: (1)
As the county's portion, $354 to the county treasurer, who shall deposit the money as follows: (A) $20 into the Court Automation Fund; (B) $20 into the Court Document Storage Fund; (C) $5 into the Circuit Court Clerk Operation and | ||
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(D) $255 into the county's General Fund; (E)
$10 into the Child Advocacy Center Fund; (F) $2 into the State's Attorney Records Automation | ||
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(G) $2 into the Public Defender Records Automation | ||
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(H) $20 into the County Jail Medical Costs Fund; and (I)
$20 into the Probation and Court Services Fund. (2)
As the State's portion, $960 to the State Treasurer, who shall deposit the money as follows:
(A) $520 into the State Police Operations Assistance | ||
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(B) $100 into the Violent Crime Victims Assistance | ||
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(C)
$200 into the Sexual Assault Services Fund; (D) $100 into the Domestic Violence Shelter and | ||
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(E) $5 into the State Police Merit Board Public | ||
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(F) $35 into the Traffic and Criminal Conviction | ||
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(Source: P.A. 102-278, eff. 8-6-21 .) |
(705 ILCS 135/15-25)
Sec. 15-25. SCHEDULE 5; generic misdemeanor offenses.
SCHEDULE 5: Unless assessments are imposed under another schedule of this Act, for a misdemeanor offense, the Clerk of the Circuit Court shall collect $439 and remit as follows: (1)
As the county's portion, $282 to the county treasurer, who shall deposit the money as follows: (A) $20 into the Court Automation Fund; (B) $20 into the Court Document Storage Fund; (C) $5 into the Circuit Court Clerk Operation and | ||
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(D) $8 into the Circuit Court Clerk Electronic | ||
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(E) $185 into the county's General Fund; (F)
$10 into the Child Advocacy Center Fund; (G) $2 into the State's Attorney Records Automation | ||
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(H) $2 into the Public Defender Records Automation | ||
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(I) $10 into the County Jail Medical Costs Fund; and (J)
$20 into the Probation and Court Services Fund. (2) As the State's portion, $155 to the State Treasurer, who shall deposit the money as follows: (A) $50 into the State Police Operations Assistance | ||
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(B) $10 into the State Police Merit Board Public | ||
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(C) $75 into the Violent Crime Victims Assistance | ||
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(D) $20 into the Traffic and Criminal Conviction | ||
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(3) As the arresting agency's portion, $2, to the treasurer of the unit of local government of the arresting agency, who shall deposit the money into the E-citation Fund of that unit of local government or as provided in subsection (c) of Section 10-5 of this Act if the arresting agency is a State agency, unless more than one agency is responsible for the arrest in which case the amount shall be remitted to each unit of government equally.
(Source: P.A. 100-987, eff. 7-1-19 .) |
(705 ILCS 135/15-30)
Sec. 15-30. SCHEDULE 6; misdemeanor DUI offenses.
SCHEDULE 6: For a misdemeanor under Section 11-501 of the Illinois Vehicle Code, Section 5-7 of the Snowmobile Registration and Safety Act, Section 5-16 of the Boat Registration and Safety Act, or a similar provision of a local ordinance, the Clerk of the Circuit Court shall collect $1,381 and remit as follows: (1)
As the county's portion, $322 to the county treasurer, who shall deposit the money as follows: (A) $20 into the Court Automation Fund; (B) $20 into the Court Document Storage Fund; (C) $5 into the Circuit Court Clerk Operation and | ||
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(D) $8 into the Circuit Court Clerk Electronic | ||
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(E) $225 into the county's General Fund; (F)
$10 into the Child Advocacy Center Fund; (G) $2 into the State's Attorney Records Automation | ||
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(H) $2 into the Public Defenders Records Automation | ||
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(I)
$10 into the County Jail Medical Costs Fund; and
(J) $20 into the Probation and Court Services Fund. (2) As the State's portion, $707 to the State Treasurer, who shall deposit the money as follows: (A) $330 into the State Police Operations Assistance | ||
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(B)
$5 into the Drivers Education Fund; (C) $5 into the State Police Merit Board Public | ||
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(D)
$100 into the Trauma Center Fund; (E) $5 into the Spinal Cord Injury Paralysis Cure | ||
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(F) $22 into the Fire Prevention Fund; (G) $160 into the Traffic and Criminal Conviction | ||
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(H) $5 into the Law Enforcement Camera Grant Fund; and (I) $75 into the Violent Crime Victims Assistance | ||
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(3) As the arresting agency's portion, $352 as follows, unless more than one agency is responsible for the arrest in which case the amount shall be remitted to each unit of government equally: (A) if the arresting agency is a local agency, to the | ||
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(i) $2 into the E-citation Fund of the unit of | ||
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(ii) $350 into the DUI Fund of the unit of local | ||
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(B) as provided in subsection (c) of Section 10-5 of | ||
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(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19 .) |
(705 ILCS 135/15-35)
Sec. 15-35. SCHEDULE 7; misdemeanor drug offenses.
SCHEDULE 7: For a misdemeanor under the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act, the Clerk of the Circuit Court shall collect $905 and remit as follows: (1)
As the county's portion, $282 to the county treasurer, who shall deposit the money as follows:
(A) $20 into the Court Automation Fund; (B) $20 into the Court Document Storage Fund; (C) $5 into the Circuit Court Clerk Operation and | ||
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(D) $8 into the Circuit Court Clerk Electronic | ||
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(E) $185 into the county's General Fund; (F)
$10 into the Child Advocacy Center Fund; (G) $2 into the State's Attorney Records Automation | ||
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(H) $2 into the Public Defenders Records Automation | ||
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(I)
$10 into the County Jail Medical Costs Fund; and
(J) $20 into the Probation and Court Services Fund. (2)
As the State's portion, $621 to the State Treasurer, who shall deposit the money as follows: (A) $50 into the State Police Operations Assistance | ||
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(B) $75 into the Violent Crime Victims Assistance | ||
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(C)
$100 into the Trauma Center Fund; (D) $5 into the Spinal Cord Injury Paralysis Cure | ||
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(E)
$300 into the Drug Treatment Fund; (F) $38 into the Prescription Pill and Drug Disposal | ||
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(G) $28 into the Criminal Justice Information | ||
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(H) $5 into the State Police Merit Board Public | ||
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(I) $20 into the Traffic and Criminal Conviction | ||
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(3)
As the arresting agency's portion, $2, to the treasurer of the unit of local government of the arresting agency, who shall deposit the money into the E-citation Fund of that unit of local government or as provided in subsection (c) of Section 10-5 of this Act if the arresting agency is a State agency, unless more than one agency is responsible for the arrest in which case the amount shall be remitted to each unit of government equally.
(Source: P.A. 100-987, eff. 7-1-19 .) |
(705 ILCS 135/15-40)
Sec. 15-40. SCHEDULE 8; misdemeanor sex offenses.
SCHEDULE 8: For a misdemeanor or attempted misdemeanor under Article 11 of the Criminal Code of 2012, the Clerk of the Circuit Court shall collect $1,184 and remit as follows: (1)
As the county's portion, $282 to the county treasurer, who shall deposit the money as follows: (A) $20 into the Court Automation Fund; (B) $20 into the Court Document Storage Fund; (C) $5 into the Circuit Court Clerk Operation and | ||
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(D) $8 into the Circuit Court Clerk Electronic | ||
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(E) $185 into the county's General Fund; (F)
$10 into the Child Advocacy Center Fund; (G) $2 into the State's Attorney Records Automation | ||
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(H) $2 into the Public Defenders Records Automation | ||
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(I)
$10 into the County Jail Medical Costs Fund; and
(J) $20 into the Probation and Court Services Fund. (2)
As the State's portion, $900 to the State Treasurer, who shall deposit the money as follows: (A) $500 into the State Police Operations Assistance | ||
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(B) $75 into the Violent Crime Victims Assistance | ||
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(C)
$200 into the Sexual Assault Services Fund; (D) $100 into the Domestic Violence Shelter and | ||
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(E) $5 into the State Police Merit Board Public | ||
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(F) $20 into the Traffic and Criminal Conviction | ||
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(3) As the arresting agency's portion, $2, to the treasurer of the unit of local government of the arresting agency, who shall deposit the money into the E-citation Fund of that unit of local government or as provided in subsection (c) of Section 10-5 of this Act if the arresting agency is a State agency, unless more than one agency is responsible for the arrest in which case the amount shall be remitted to each unit of government equally.
(Source: P.A. 100-987, eff. 7-1-19 .) |
(705 ILCS 135/15-45)
Sec. 15-45. SCHEDULE 9; major traffic offenses. SCHEDULE 9: For a major traffic offense, the Clerk of the Circuit Court shall collect $325 plus, if applicable, the amount established under paragraph (1.5) of this Section and remit as follows: (1)
As the county's portion, $203 to the county treasurer, who shall deposit the money as follows: (A) $20 into the Court Automation Fund; (B) $20 into the Court Document Storage Fund; (C) $5 into the Circuit Court Clerk Operation and | ||
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(D) $8 into the Circuit Court Clerk Electronic | ||
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(E)
$150 into the county's General Fund. (1.5) In a county with a population of 3,000,000 or more, the county board may by ordinance or resolution establish an additional assessment not to exceed $37 to be remitted to the county treasurer of which $5 shall be deposited into the Court Automation Fund, $5 shall be deposited into the Court Document Storage Fund, $2 shall be deposited into the State's Attorneys Records Automation Fund, $2 shall be deposited into the Public Defenders Records Automation Fund, $10 shall be deposited into the Probation and Court Services Fund, and the remainder shall be used for purposes related to the operation of the court system. (2)
As the State's portion, $97 to the State Treasurer, who shall deposit the money as follows: (A) $20 into the State Police Operations Assistance | ||
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(B)
$5 into the Drivers Education Fund; (C) $5 into the State Police Merit Board Public | ||
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(D) $22 into the Fire Prevention Fund; (E) $40 into the Traffic and Criminal Conviction | ||
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(F) $5 into the Violent Crime Victims Assistance Fund. (3)
As the arresting agency's portion, $25, to the treasurer of the unit of local government of the arresting agency, who shall deposit the money as follows: (A) $2 into the E-citation Fund of that unit of local | ||
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(B) $23 into the General Fund of that unit of local | ||
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(Source: P.A. 100-987, eff. 7-1-19 .) |
(705 ILCS 135/15-50)
Sec. 15-50. SCHEDULE 10; minor traffic offenses. SCHEDULE 10: For a minor traffic offense, except those offenses listed in Schedule 10.5, the Clerk of the Circuit Court shall collect $226 plus, if applicable, the amount established under paragraph (1.5) of this Section and remit as follows: (1) As the county's portion, $168 to the county treasurer, who shall deposit the money as follows: (A) $20 into the Court Automation Fund; (B) $20 into the Court Document Storage Fund; (C) $5 into the Circuit Court Clerk Operation and | ||
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(D) $8 into the Circuit Court Clerk Electronic | ||
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(E)
$115 into the county's General Fund. (1.5) In a county with a population of 3,000,000 or more, the county board may by ordinance or resolution establish an additional assessment not to exceed $28 to be remitted to the county treasurer of which $5 shall be deposited into the Court Automation Fund, $5 shall be deposited into the Court Document Storage Fund, $2 shall be deposited into the State's Attorneys Records Automation Fund, $2 shall be deposited into the Public Defenders Records Automation Fund, $10 shall be deposited into the Probation and Court Services Fund, and the remainder shall be used for purposes related to the operation of the court system. (2)
As the State's portion, $46 to the State Treasurer, who shall deposit the money as follows: (A) $10 into the State Police Operations Assistance | ||
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(B) $5 into the State Police Merit Board Public | ||
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(C)
$4 into the Drivers Education Fund; (D) $20 into the Traffic and Criminal Conviction | ||
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(E) $4 into the Law Enforcement Camera Grant Fund; and (F) $3 into the Violent Crime Victims Assistance Fund. (3)
As the arresting agency's portion, $12, to the treasurer of the unit of local government of the arresting agency, who shall deposit the money as follows: (A) $2 into the E-citation Fund of that unit of local | ||
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(B) $10 into the General Fund of that unit of local | ||
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(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19 .) |
(705 ILCS 135/15-52)
Sec. 15-52. SCHEDULE 10.5; truck weight and load offenses. SCHEDULE 10.5: For offenses under subsection (d) of Section 3-401, Section 15-111, or punishable by fine under Section 15-113.1, 15-113.2, or 15-113.3 of the Illinois Vehicle Code, the Clerk of the Circuit Court shall collect $260 and remit as follows: (1) As the county's portion, $168 to the county treasurer, who shall deposit the money as follows: (A) $20 into the Court Automation Fund; (B) $20 into the Court Document Storage Fund; (C) $5 into the Circuit Court Clerk Operation and | ||
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(D) $8 into the Circuit Court Clerk Electronic | ||
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(E)
$115 into the county's General Fund. (2)
As the State's portion, $92 to the State Treasurer, who shall deposit the money as follows: (A) $31 into the State Police Merit Board Public | ||
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(B) $31 into the Traffic and Criminal Conviction | ||
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(C) $30 to the State Police Operations Assistance | ||
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(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19 .) |
(705 ILCS 135/15-55)
Sec. 15-55. SCHEDULE 11; conservation offenses. SCHEDULE 11: For a conservation offense, the Clerk of the Circuit Court shall collect $195 and remit as follows: (1)
As the county's portion, $168, to the county treasurer, who shall deposit the money as follows: (A) $20 into the Court Automation Fund; (B) $20 into the Court Document Storage Fund; (C) $5 into the Circuit Court Clerk Operation and | ||
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(D) $8 into the Circuit Court Clerk Electronic | ||
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(E)
$115 into the county's General Fund. (2)
As the State's portion, $25, to the State Treasurer, who shall deposit the money into the Conservation Police Operations Assistance Fund. (3)
As the arresting agency's portion, $2, to the treasurer of the unit of local government of the arresting agency, who shall deposit the money into the E-citation Fund of that unit of local government or as provided in subsection (c) of Section 10-5 of this Act if the arresting agency is a State agency, unless more than one agency is responsible for the arrest in which case the amount shall be remitted to each unit of government equally.
(Source: P.A. 100-987, eff. 7-1-19 .) |
(705 ILCS 135/15-60)
Sec. 15-60. SCHEDULE 12; dispositions under Supreme Court Rule 529.
SCHEDULE 12: For a disposition under paragraph (a)(1) or (c) of Supreme Court Rule 529, the Clerk of the Circuit Court shall collect $164 and remit the money as follows: (1)
As the county's portion, $100, to the county treasurer, who shall deposit the money as follows: (A) $20 into the Court Automation Fund; (B) $20 into the Court Document Storage Fund; (C) $5 into the Circuit Court Clerk Operation and | ||
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(D) $8 into the Circuit Court Clerk Electronic | ||
| ||
(E)
$47 into the county's General Fund. (2) As the State's portion, $14 to the State Treasurer, who shall deposit the money as follows:
(A)
$3 into the Drivers Education Fund; (B) $2 into the State Police Merit Board Public | ||
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(C) $4 into the Traffic and Criminal Conviction | ||
| ||
(D) $1 into the Law Enforcement Camera Grant Fund; and (E) $4 into the Violent Crime Victims Assistance Fund. (3)
As the arresting agency's portion, $50 as follows, unless more than one agency is responsible for the arrest in which case the amount shall be remitted to each unit of government equally: (A) if the arresting agency is a local agency to the | ||
| ||
(i) $2 into the E-citation Fund of the unit of | ||
| ||
(ii) $48 into the General Fund of the unit of | ||
| ||
(B) as provided in subsection (c) of Section 10-5 of | ||
| ||
(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19 .) |
(705 ILCS 135/15-65)
Sec. 15-65. SCHEDULE 13; non-traffic violations. SCHEDULE 13: For a petty offense, business offense, or non-traffic ordinance violation, the Clerk of the Circuit Court shall collect $100 and remit as follows: (1) As the county's portion, $75, to the county treasurer, who shall deposit the money as follows: (A) $20 into the Court Automation Fund; (B) $20 into the Court Document Storage Fund; (C) $5 into the Circuit Court Clerk Operation and | ||
| ||
(D) $8 into the Circuit Court Clerk Electronic | ||
| ||
(E)
$22 into the county's General Fund. (2)
As the arresting agency's portion, $25 as follows, unless more than one agency is responsible for the arrest in which case the amount shall be remitted to each unit of government equally: (A) if the arresting agency is a local agency to the | ||
| ||
(i) $2 into the E-citation Fund of the unit of | ||
| ||
(ii) $23 into the General Fund of the unit of | ||
| ||
(B) as provided in subsection (c) of Section 10-5 of | ||
| ||
(Source: P.A. 100-987, eff. 7-1-19 .) |
(705 ILCS 135/15-70) Sec. 15-70. Conditional assessments. In addition to payments under one of the Schedule of Assessments 1 through 13 of this Act, the court shall also order payment of any of the following conditional assessment amounts for each sentenced violation in the case to which a conditional assessment is applicable, which shall be collected and remitted by the Clerk of the Circuit Court as provided in this Section: (1) arson, residential arson, or aggravated arson, | ||
| ||
(2) child pornography under Section 11-20.1 of the | ||
| ||
(A) if the arresting agency is an agency of a | ||
| ||
(B) if the arresting agency is the Illinois State | ||
| ||
(3) crime laboratory drug analysis for a drug-related | ||
| ||
(4) DNA analysis, $250 on each conviction in which it | ||
| ||
(5) DUI analysis, $150 on each sentenced violation in | ||
| ||
(6) drug-related offense involving possession or | ||
| ||
(A) 12.5% of the street value assessment shall be | ||
| ||
(B) 37.5% to the county in which the charge was | ||
| ||
(C) 50% to the treasurer of the arresting law | ||
| ||
(D) if the arrest was made in combination with | ||
| ||
(6.5) Kane County or Will County, in felony, | ||
| ||
(7) methamphetamine-related offense involving | ||
| ||
(A) 12.5% of the street value assessment shall be | ||
| ||
(B) 37.5% to the county in which the charge was | ||
| ||
(C) 50% to the treasurer of the arresting law | ||
| ||
(D) if the arrest was made in combination with | ||
| ||
(8) order of protection violation under Section | ||
| ||
(9) order of protection violation, $25 for each | ||
| ||
(10) prosecution by the State's Attorney of a: (A) petty or business offense, $4 to the county | ||
| ||
(B) conservation or traffic offense, $2 to the | ||
| ||
(11) speeding in a construction zone violation, $250 | ||
| ||
(12) supervision disposition on an offense under the | ||
| ||
(13) victim and offender are family or household | ||
| ||
(14) violation of Section 11-501 of the Illinois | ||
| ||
(15) violation of Section 401, 407, or 407.2 of the | ||
| ||
(16) violation of reckless driving, aggravated | ||
| ||
(17) violation based upon each plea of guilty, | ||
| ||
(A) $50 to the county treasurer for deposit into | ||
| ||
(B) $300 to the State Treasurer who shall deposit | ||
| ||
(i) if the arresting or investigating agency | ||
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(ii) if the arresting or investigating agency | ||
| ||
(iii) if the arresting or investigating | ||
| ||
(iv) if the arresting or investigating agency | ||
| ||
(v) if more than one of the State agencies in | ||
| ||
(C) the remainder for deposit into the | ||
| ||
(18) weapons violation under Section 24-1.1, 24-1.2, | ||
| ||
(19) violation of subsection (c) of Section 11-907 of | ||
| ||
(20) violation of Section 15-109.1 of the Illinois | ||
| ||
(A) 50% to the county treasurer for deposit into | ||
| ||
(B) 50% to the treasurer of the arresting law | ||
| ||
Except for traffic violations, fines and assessments, such as fees or administrative costs authorized in this Section, shall not be ordered or imposed on a minor subject to Article III, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian. (Source: P.A. 102-145, eff. 7-23-21; 102-505, eff. 8-20-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-379, eff. 7-28-23; 103-730, eff. 1-1-25 .) |
(705 ILCS 135/Art. 20 heading)
Article 20. Repeal
(Source: P.A. 100-987, eff. 7-1-19.) |
(705 ILCS 135/20-5)
Sec. 20-5. (Repealed).
(Source: P.A. 102-145, eff. 7-23-21. Repealed by P.A. 103-4, eff. 5-31-23.)
|
(705 ILCS 135/Art. 900 heading)
Article 900. Amendatory Provisions Effective July 1, 2018
(Amendatory provisions; text omitted) (Source: P.A. 100-987, eff. 8-20-18; text omitted.) |
(705 ILCS 135/Art. 905 heading)
Article 905. Amendatory Provisions Effective July 1, 2019
(Source: P.A. 100-987, eff. 7-1-19.) |
(705 ILCS 135/905-5)
Sec. 905-5. (Amendatory provisions; text omitted).
(Source: P.A. 100-987, eff. 7-1-19; text omitted.) |
(705 ILCS 135/905-10)
Sec. 905-10. (Amendatory provisions; text omitted).
(Source: P.A. 100-987, eff. 7-1-19; text omitted.) |
(705 ILCS 135/905-15)
Sec. 905-15. (Amendatory provisions; text omitted).
(Source: P.A. 100-987, eff. 7-1-19; text omitted.) |
(705 ILCS 135/905-20)
Sec. 905-20. (Amendatory provisions; text omitted).
(Source: P.A. 100-987, eff. 7-1-19; text omitted.) |
(705 ILCS 135/905-25)
Sec. 905-25. (Amendatory provisions; text omitted).
(Source: P.A. 100-987, eff. 7-1-19; text omitted.) |
(705 ILCS 135/905-30)
Sec. 905-30. (Amendatory provisions; text omitted).
(Source: P.A. 100-987, eff. 7-1-19; text omitted.) |
(705 ILCS 135/905-35)
Sec. 905-35. (Amendatory provisions; text omitted).
(Source: P.A. 100-987, eff. 7-1-19; text omitted.) |
(705 ILCS 135/905-37) Sec. 905-37. Illinois Police Training Act is amended by repealing Section 9.1.
(Source: P.A. 100-987, eff. 7-1-19.) |
(705 ILCS 135/905-40)
Sec. 905-40. (Amendatory provisions; text omitted).
(Source: P.A. 100-987, eff. 7-1-19; text omitted.) |
(705 ILCS 135/905-43) Sec. 905-43. The Counties Code is amended by repealing Sections 3-4012, 4-2002, 4-2002.1, 5-1101, 5-1101.5, and 5-1103.
(Source: P.A. 100-987, eff. 7-1-19.) |
(705 ILCS 135/905-45)
Sec. 905-45. (Amendatory provisions; text omitted).
(Source: P.A. 100-987, eff. 7-1-19; text omitted .) |
(705 ILCS 135/905-47) Sec. 905-47. The Illinois Vehicle Code is amended by repealing Sections 16-104a, 16-104b, 16-104c, 16-104d, and 16-104d-1.
(Source: P.A. 100-987, eff. 7-1-19.) |
(705 ILCS 135/905-50)
Sec. 905-50. (Amendatory provisions; text omitted).
(Source: P.A. 100-987, eff. 7-1-19; text omitted.) |
(705 ILCS 135/905-55)
Sec. 905-55. (Amendatory provisions; text omitted).
(Source: P.A. 100-987, eff. 7-1-19; text omitted.) |
(705 ILCS 135/905-57) Sec. 905-57. The Clerks of Courts Act is amended by repealing Sections 27.1a, 27.2, 27.2a, 27.3a, 27.3c, 27.3e, 27.3g, 27.4, 27.5, 27.6, and 27.7.
(Source: P.A. 100-987, eff. 7-1-19.) |
(705 ILCS 135/905-60)
Sec. 905-60. (Amendatory provisions; text omitted).
(Source: P.A. 100-987, eff. 7-1-19; text omitted.) |
(705 ILCS 135/905-65)
Sec. 905-65. (Amendatory provisions; text omitted).
(Source: P.A. 100-987, eff. 7-1-19; text omitted.) |
(705 ILCS 135/905-67) Sec. 905-67. The Cannabis Control Act is amended by repealing Section 10.3.
(Source: P.A. 100-987, eff. 7-1-19.) |
(705 ILCS 135/905-70)
Sec. 905-70. (Amendatory provisions; text omitted).
(Source: P.A. 100-987, eff. 7-1-19; text omitted.) |
(705 ILCS 135/905-73) Sec. 905-73. The Illinois Controlled Substances Act is amended by repealing Section 411.4.
(Source: P.A. 100-987, eff. 7-1-19.) |
(705 ILCS 135/905-75)
Sec. 905-75. (Amendatory provisions; text omitted).
(Source: P.A. 100-987, eff. 7-1-19; text omitted.) |
(705 ILCS 135/905-80)
Sec. 905-80. (Amendatory provisions; text omitted).
(Source: P.A. 100-987, eff. 7-1-19; text omitted.) |
(705 ILCS 135/905-85)
Sec. 905-85. (Amendatory provisions; text omitted).
(Source: P.A. 100-987, eff. 7-1-19; text omitted.) |
(705 ILCS 135/905-90)
Sec. 905-90. (Amendatory provisions; text omitted).
(Source: P.A. 100-987, eff. 7-1-19; text omitted.) |
(705 ILCS 135/905-93) Sec. 905-93. The Unified Code of Corrections is amended by repealing Sections 5-9-1.1, 5-9-1.1-5, 5-9-1.5, 5-9-1.6, 5-9-1.10, 5-9-1.12, 5-9-1.14, 5-9-1.15, 5-9-1.17, 5-9-1.18, 5-9-1.19, and 5-9-1.20.
(Source: P.A. 100-987, eff. 7-1-19.) |
(705 ILCS 135/905-95)
Sec. 905-95. (Amendatory provisions; text omitted).
(Source: P.A. 100-987, eff. 7-1-19; text omitted.) |
(705 ILCS 135/905-100)
Sec. 905-100. (Amendatory provisions; text omitted).
(Source: P.A. 100-987, eff. 7-1-19; text omitted.) |
(705 ILCS 135/Art. 999 heading)
Article 999. Effective Date
(Source: P.A. 100-987, eff. 8-20-18.) |
(705 ILCS 135/999-99)
Sec. 999-99. Effective date. This Act takes effect July 1, 2019, except that this Section and Article 900 takes effect on July 1, 2018.
(Source: P.A. 100-987, eff. 8-20-18 .) |