State of Illinois
92nd General Assembly
Legislation

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]



92_HB2455

 
                                               LRB9204415RCcd

 1        AN ACT in relation to circuit clerks.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Clerks  of  Courts  Act  is  amended  by
 5    changing Sections 27.5 and 27.6 as follows:

 6        (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
 7        Sec. 27.5.  All fees, fines, costs, additional penalties,
 8    bail  balances  assessed  or  forfeited, and any other amount
 9    paid by a person to the circuit clerk that equals  an  amount
10    less  than $55, except restitution under Section 5-5-6 of the
11    Unified Code of Corrections, reimbursement for the  costs  of
12    an  emergency response as provided under Section 5-5-3 of the
13    Unified Code of Corrections, any fees collected for attending
14    a traffic safety program under paragraph (c) of Supreme Court
15    Rule 529, any fee collected on behalf of a  State's  Attorney
16    under  Section 4-2002 of the Counties Code or a sheriff under
17    Section 4-5001 of the Counties  Code,  or  any  cost  imposed
18    under  Section  124A-5  of  the Code of Criminal Procedure of
19    1963, for convictions, orders of supervision,  or  any  other
20    disposition  for  a violation of Chapters 3, 4, 6, 11, and 12
21    of the Illinois Vehicle Code, or a  similar  provision  of  a
22    local  ordinance,  and  any  violation of the Child Passenger
23    Protection Act, or a similar provision of a local  ordinance,
24    fees  collected  for  electronic  monitoring, drug or alcohol
25    testing  and  screening,  probation  fees  authorized   under
26    Section  5-6-3  of  the  Unified  Code  of  Corrections,  and
27    supervision  fees  authorized  under  Section  5-6-3.1 of the
28    Unified Code of Corrections, shall  be  disbursed  within  60
29    days  after  receipt  by  the  circuit clerk as follows:  47%
30    shall be disbursed to the entity authorized by law to receive
31    the fine imposed in the case; 12% shall be disbursed  to  the
 
                            -2-                LRB9204415RCcd
 1    State  Treasurer;  and 41% shall be disbursed to the county's
 2    general corporate fund. Of the 12%  disbursed  to  the  State
 3    Treasurer, 1/6 shall be deposited by the State Treasurer into
 4    the  Violent  Crime  Victims  Assistance  Fund,  1/2 shall be
 5    deposited into the Traffic and Criminal Conviction  Surcharge
 6    Fund,  and  1/3 shall be deposited into the Drivers Education
 7    Fund.  For fiscal years 1992 and 1993, amounts deposited into
 8    the Violent Crime Victims Assistance Fund,  the  Traffic  and
 9    Criminal  Conviction Surcharge Fund, or the Drivers Education
10    Fund shall not exceed 110%  of  the  amounts  deposited  into
11    those funds in fiscal year 1991.  Any amount that exceeds the
12    110%  limit  shall  be  distributed as follows:  50% shall be
13    disbursed to the county's  general  corporate  fund  and  50%
14    shall be disbursed to the entity authorized by law to receive
15    the  fine imposed in the case. Not later than March 1 of each
16    year the circuit clerk shall submit a report of the amount of
17    funds remitted to the  State  Treasurer  under  this  Section
18    during the preceding year based upon independent verification
19    of  fines  and  fees.   All counties shall be subject to this
20    Section,  except  that  counties  with  a  population   under
21    2,000,000  may, by ordinance, elect not to be subject to this
22    Section.  For offenses subject to this Section, judges  shall
23    impose  one  total  sum of money payable for violations.  The
24    circuit clerk may add on no  additional  amounts  except  for
25    amounts that are required by Sections 27.3a and 27.3c of this
26    Act,  unless  those  amounts  are  specifically waived by the
27    judge.  With respect to money collected by the circuit  clerk
28    as  a  result  of  forfeiture  of  bail, ex parte judgment or
29    guilty plea pursuant to Supreme Court Rule 529,  the  circuit
30    clerk shall first deduct and pay amounts required by Sections
31    27.3a  and  27.3c  of  this Act. This Section is a denial and
32    limitation of home rule powers and functions under subsection
33    (h) of Section 6 of Article VII of the Illinois Constitution.
34    (Source: P.A. 89-234, eff. 1-1-96.)
 
                            -3-                LRB9204415RCcd
 1        (705 ILCS 105/27.6)
 2        Sec.  27.6.  (a)  All  fees,  fines,  costs,   additional
 3    penalties, bail balances assessed or forfeited, and any other
 4    amount  paid  by  a  person to the circuit clerk equalling an
 5    amount of $55 or more, except the additional fee required  by
 6    subsections  (b)  and (c), restitution under Section 5-5-6 of
 7    the Unified Code of Corrections, reimbursement for the  costs
 8    of  an  emergency response as provided under Section 5-5-3 of
 9    the Unified Code  of  Corrections,  any  fees  collected  for
10    attending  a  traffic  safety  program under paragraph (c) of
11    Supreme Court Rule 529, any fee  collected  on  behalf  of  a
12    State's Attorney under Section 4-2002 of the Counties Code or
13    a  sheriff  under Section 4-5001 of the Counties Code, or any
14    cost imposed under Section 124A-5 of  the  Code  of  Criminal
15    Procedure of 1963, for convictions, orders of supervision, or
16    any  other  disposition  for a violation of Chapters 3, 4, 6,
17    11, and 12  of  the  Illinois  Vehicle  Code,  or  a  similar
18    provision  of  a  local  ordinance,  and any violation of the
19    Child Passenger Protection Act, or a similar provision  of  a
20    local  ordinance,  fees  collected for electronic monitoring,
21    drug  or  alcohol  testing  and  screening,  probation   fees
22    authorized  under  Section  5-6-3  of  the  Unified  Code  of
23    Corrections  and  supervision  fees  authorized under Section
24    5-6-3.1  of  the  Unified  Code  of  Corrections,  shall   be
25    disbursed  within  60 days after receipt by the circuit clerk
26    as  follows:   44.5%  shall  be  disbursed  to   the   entity
27    authorized  by  law  to receive the fine imposed in the case;
28    16.825% shall  be  disbursed  to  the  State  Treasurer;  and
29    38.675%  shall be disbursed to the county's general corporate
30    fund. Of the 16.825% disbursed to the State  Treasurer,  2/17
31    shall  be  deposited  by the State Treasurer into the Violent
32    Crime Victims Assistance Fund, 5.052/17  shall  be  deposited
33    into the Traffic and Criminal Conviction Surcharge Fund, 3/17
34    shall  be  deposited  into  the  Drivers  Education Fund, and
 
                            -4-                LRB9204415RCcd
 1    6.948/17 shall be deposited into the Trauma Center  Fund.  Of
 2    the  6.948/17  deposited into the Trauma Center Fund from the
 3    16.825% disbursed  to  the  State  Treasurer,  50%  shall  be
 4    disbursed to the Department of Public Health and 50% shall be
 5    disbursed  to  the  Department of Public Aid. For fiscal year
 6    1993,  amounts  deposited  into  the  Violent  Crime  Victims
 7    Assistance  Fund,  the  Traffic   and   Criminal   Conviction
 8    Surcharge  Fund,  or  the  Drivers  Education  Fund shall not
 9    exceed 110% of the amounts  deposited  into  those  funds  in
10    fiscal  year  1991.   Any  amount that exceeds the 110% limit
11    shall be distributed as follows:  50% shall be  disbursed  to
12    the   county's  general  corporate  fund  and  50%  shall  be
13    disbursed to the entity authorized by law to receive the fine
14    imposed in the case. Not later than March 1 of each year  the
15    circuit  clerk  shall  submit a report of the amount of funds
16    remitted to the State Treasurer under this Section during the
17    preceding year based upon independent verification  of  fines
18    and  fees.   All  counties  shall be subject to this Section,
19    except that counties with a population under  2,000,000  may,
20    by  ordinance,  elect not to be subject to this Section.  For
21    offenses subject to this Section,  judges  shall  impose  one
22    total sum of money payable for violations.  The circuit clerk
23    may  add on no additional amounts except for amounts that are
24    required by Sections 27.3a and  27.3c  of  this  Act,  unless
25    those  amounts  are  specifically  waived by the judge.  With
26    respect to money collected by the circuit clerk as  a  result
27    of  forfeiture  of  bail,  ex  parte  judgment or guilty plea
28    pursuant to Supreme Court Rule 529, the circuit  clerk  shall
29    first  deduct  and pay amounts required by Sections 27.3a and
30    27.3c of this Act. This Section is a denial and limitation of
31    home rule  powers  and  functions  under  subsection  (h)  of
32    Section 6 of Article VII of the Illinois Constitution.
33        (b)  In  addition  to  any  other  fines  and court costs
34    assessed by the courts, any person convicted or receiving  an
 
                            -5-                LRB9204415RCcd
 1    order  of  supervision  for  driving  under  the influence of
 2    alcohol or drugs shall pay an additional fee of  $25  to  the
 3    clerk  of  the  circuit court.  This amount, less 2 1/2% that
 4    shall be used to defray administrative costs incurred by  the
 5    clerk, shall be remitted by the clerk to the Treasurer within
 6    60  days  after  receipt  for  deposit into the Trauma Center
 7    Fund.  This additional fee of $25 shall not be  considered  a
 8    part  of  the  fine for purposes of any reduction in the fine
 9    for time served either before or after sentencing.  Not later
10    than March 1 of each year the Circuit Clerk  shall  submit  a
11    report of the amount of funds remitted to the State Treasurer
12    under this subsection during the preceding calendar year.
13        (c)  In  addition  to  any  other  fines  and court costs
14    assessed by the courts, any person convicted for a  violation
15    of Sections 24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of
16    1961  or  a  person sentenced for a violation of the Cannabis
17    Control Act or the Controlled  Substance  Act  shall  pay  an
18    additional  fee  of  $100  to the clerk of the circuit court.
19    This amount, less  2  1/2%  that  shall  be  used  to  defray
20    administrative costs incurred by the clerk, shall be remitted
21    by  the  clerk  to the Treasurer within 60 days after receipt
22    for deposit into the Trauma Center Fund.  This additional fee
23    of $100 shall not be  considered  a  part  of  the  fine  for
24    purposes  of any reduction in the fine for time served either
25    before or after sentencing.  Not later than March 1  of  each
26    year the Circuit Clerk shall submit a report of the amount of
27    funds  remitted  to the State Treasurer under this subsection
28    during the preceding calendar year.
29    (Source: P.A.  89-105,  eff.  1-1-96;  89-234,  eff.  1-1-96;
30    89-516, eff. 7-18-96; 89-626, eff. 8-9-96.)

31        Section  99.  Effective date.  This Act takes effect upon
32    becoming law.

[ Top ]