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90_HB2093
730 ILCS 5/5-9-1.9
Amends the Unified Code of Corrections. Makes a
grammatical change in Section concerning crime laboratory DUI
analysis fee.
LRB9004808RCks
LRB9004808RCks
1 AN ACT to amend the Unified Code of Corrections by
2 changing Section 5-9-1.9.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unified Code of Corrections is amended by
6 changing Section 5-9-1.9 as follows:
7 (730 ILCS 5/5-9-1.9)
8 Sec. 5-9-1.9. DUI analysis fee.
9 (a) "Crime laboratory" means a not-for-profit laboratory
10 substantially funded by a single unit or combination of units
11 of local government or the State of Illinois that regularly
12 employs at least one person engaged in the DUI analysis of
13 blood and urine for criminal justice agencies in criminal
14 matters and provides testimony with respect to those such
15 examinations.
16 "DUI analysis" means an analysis of blood or urine for
17 purposes of determining whether a violation of Section 11-501
18 of the Illinois Vehicle Code has occurred.
19 (b) When a person has been adjudged guilty of an offense
20 in violation of Section 11-501 of the Illinois Vehicle Code,
21 in addition to any other disposition, penalty, or fine
22 imposed, a crime laboratory DUI analysis fee of $150 for each
23 offense for which the person was convicted shall be levied by
24 the court for each case in which a laboratory analysis
25 occurred. Upon verified petition of the person, the court
26 may suspend payment of all or part of the fee if it finds
27 that the person does not have the ability to pay the fee.
28 (c) In addition to any other disposition made under the
29 provisions of the Juvenile Court Act of 1987, any minor
30 adjudicated delinquent for an offense which if committed by
31 an adult would constitute a violation of Section 11-501 of
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1 the Illinois Vehicle Code shall be assessed a crime
2 laboratory DUI analysis fee of $150 for each adjudication.
3 Upon verified petition of the minor, the court may suspend
4 payment of all or part of the fee if it finds that the minor
5 does not have the ability to pay the fee. The parent,
6 guardian, or legal custodian of the minor may pay some or all
7 of the fee on the minor's behalf.
8 (d) All crime laboratory DUI analysis fees provided for
9 by this Section shall be collected by the clerk of the court
10 and forwarded to the appropriate crime laboratory DUI fund as
11 provided in subsection (f).
12 (e) Crime laboratory funds shall be established as
13 follows:
14 (1) A unit of local government that maintains a
15 crime laboratory may establish a crime laboratory DUI
16 fund within the office of the county or municipal
17 treasurer.
18 (2) Any combination of units of local government
19 that maintains a crime laboratory may establish a crime
20 laboratory DUI fund within the office of the treasurer of
21 the county where the crime laboratory is situated.
22 (3) The State Crime Laboratory DUI Fund is created
23 as a special fund in the State Treasury.
24 (f) The analysis fee provided for in subsections (b) and
25 (c) of this Section shall be forwarded to the office of the
26 treasurer of the unit of local government that performed the
27 analysis if that unit of local government has established a
28 crime laboratory DUI fund, or to the State Treasurer for
29 deposit into the State Crime Laboratory DUI Fund if the
30 analysis was performed by a laboratory operated by the
31 Department of State Police. If the analysis was performed by
32 a crime laboratory funded by a combination of units of local
33 government, the analysis fee shall be forwarded to the
34 treasurer of the county where the crime laboratory is
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1 situated if a crime laboratory DUI fund has been established
2 in that county. If the unit of local government or
3 combination of units of local government has not established
4 a crime laboratory DUI fund, then the analysis fee shall be
5 forwarded to the State Treasurer for deposit into the State
6 Crime Laboratory DUI Fund. The clerk of the circuit court
7 may retain the amount of $10 from each collected analysis fee
8 to offset administrative costs incurred in carrying out the
9 clerk's responsibilities under this Section.
10 (g) Fees deposited into a crime laboratory DUI fund
11 created under paragraphs (1) and (2) of subsection (e) of
12 this Section shall be in addition to any allocations made
13 pursuant to existing law and shall be designated for the
14 exclusive use of the crime laboratory. These uses may
15 include, but are not limited to, the following:
16 (1) Costs incurred in providing analysis for DUI
17 investigations conducted within this State.
18 (2) Purchase and maintenance of equipment for use
19 in performing analyses.
20 (3) Continuing education, training, and
21 professional development of forensic scientists regularly
22 employed by these laboratories.
23 (h) Fees deposited in the State Crime Laboratory DUI
24 Fund created under paragraph (3) of subsection (e) of this
25 Section shall be used by State crime laboratories as
26 designated by the Director of State Police. These funds
27 shall be in addition to any allocations made according to
28 existing law and shall be designated for the exclusive use of
29 State crime laboratories. These uses may include those
30 enumerated in subsection (g) of this Section.
31 (Source: P.A. 89-54, eff. 6-30-95.)