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90_HB1687 20 ILCS 1305/10-22 new 30 ILCS 105/5.449 new 705 ILCS 105/27.5 from Ch. 25, par. 27.5 Amends the Department of Human Services Act and the State Finance Act to create the Head Trauma Treatment Fund. Provides that the Department may make grants from the Fund to entities that care for persons with head trauma. Amends the Clerks of Courts Act. Provides that of the amounts less than $55 paid to a circuit clerk and disbursed to the State Treasurer, one-third (now one-half) shall be deposited into the Traffic and Criminal Conviction Surcharge Fund and one-sixth shall be deposited into the Head Trauma Treatment Fund. LRB9004294PTcw LRB9004294PTcw 1 AN ACT concerning head trauma treatment. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Department of Human Services Act is 5 amended by adding Section 10-22 as follows: 6 (20 ILCS 1305/10-22 new) 7 Sec. 10-22. Head Trauma Treatment Grants. The Head 8 Trauma Treatment Fund is created as a special fund in the 9 State Treasury. The Department may make grants from the Fund 10 to public and private entities that care for persons with 11 head trauma. 12 Section 10. The State Finance Act is amended by adding 13 Section 5.449 as follows: 14 (30 ILCS 105/5.449 new) 15 Sec. 5.449. Head Trauma Treatment Fund. 16 Section 15. The Clerks of Courts Act is amended by 17 changing Section 27.5 as follows: 18 (705 ILCS 105/27.5) (from Ch. 25, par. 27.5) 19 Sec. 27.5. Amounts less than $55. All fees, fines, 20 costs, additional penalties, bail balances assessed or 21 forfeited, and any other amount paid by a person to the 22 circuit clerk that equals an amount less than $55, except 23 restitution under Section 5-5-6 of the Unified Code of 24 Corrections, reimbursement for the costs of an emergency 25 response as provided under Section 5-5-3 of the Unified Code 26 of Corrections, any fees collected for attending a traffic 27 safety program under paragraph (c) of Supreme Court Rule 529, -2- LRB9004294PTcw 1 any fee collected on behalf of a State's Attorney under 2 Section 4-2002 of the Counties Code or a sheriff under 3 Section 4-5001 of the Counties Code, or any cost imposed 4 under Section 124A-5 of the Code of Criminal Procedure of 5 1963, for convictions, orders of supervision, or any other 6 disposition for a violation of Chapters 3, 4, 6, 11, and 12 7 of the Illinois Vehicle Code, or a similar provision of a 8 local ordinance, and any violation of the Child Passenger 9 Protection Act, or a similar provision of a local ordinance, 10 shall be disbursed within 60 days after receipt by the 11 circuit clerk as follows: 47% shall be disbursed to the 12 entity authorized by law to receive the fine imposed in the 13 case; 12% shall be disbursed to the State Treasurer; and 41% 14 shall be disbursed to the county's general corporate fund. Of 15 the 12% disbursed to the State Treasurer, one-sixth1/6shall 16 be deposited by the State Treasurer into the Violent Crime 17 Victims Assistance Fund, one-third1/2shall be deposited 18 into the Traffic and Criminal Conviction Surcharge Fund, 19 one-sixth shall be deposited into the Head Trauma Treatment 20 Fund, and one-third1/3shall be deposited into the Drivers 21 Education Fund. For fiscal years 1992 and 1993, amounts 22 deposited into the Violent Crime Victims Assistance Fund, the 23 Traffic and Criminal Conviction Surcharge Fund, or the 24 Drivers Education Fund shall not exceed 110% of the amounts 25 deposited into those funds in fiscal year 1991. Any amount 26 that exceeds the 110% limit shall be distributed as follows: 27 50% shall be disbursed to the county's general corporate fund 28 and 50% shall be disbursed to the entity authorized by law to 29 receive the fine imposed in the case. Not later than March 1 30 of each year the circuit clerk shall submit a report of the 31 amount of funds remitted to the State Treasurer under this 32 Section during the preceding year based upon independent 33 verification of fines and fees. All counties shall be 34 subject to this Section, except that counties with a -3- LRB9004294PTcw 1 population under 2,000,000 may, by ordinance, elect not to be 2 subject to this Section. For offenses subject to this 3 Section, judges shall impose one total sum of money payable 4 for violations. The circuit clerk may add on no additional 5 amounts except for amounts that are required by Sections 6 27.3a and 27.3c of this Act, unless those amounts are 7 specifically waived by the judge. With respect to money 8 collected by the circuit clerk as a result of forfeiture of 9 bail, ex parte judgment or guilty plea pursuant to Supreme 10 Court Rule 529, the circuit clerk shall first deduct and pay 11 amounts required by Sections 27.3a and 27.3c of this Act. 12 This Section is a denial and limitation of home rule powers 13 and functions under subsection (h) of Section 6 of Article 14 VII of the Illinois Constitution. 15 (Source: P.A. 89-234, eff. 1-1-96.)