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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,andany 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,andany 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.