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92_SB0829eng SB829 Engrossed LRB9200801ARcd 1 AN ACT to amend the Unified Code of Corrections by 2 changing Section 5-9-1.4. 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 6 by changing Section 5-9-1.4 as follows: 7 (730 ILCS 5/5-9-1.4) (from Ch. 38, par. 1005-9-1.4) 8 Sec. 5-9-1.4. (a) "Crime laboratory" means any 9 not-for-profit laboratory registered with the Drug 10 Enforcement Administration of the United States Department of 11 Justice, substantially funded by a unit or combination of 12 units of local government or the State of Illinois, which 13 regularly employs at least one person engaged in the analysis 14 of controlled substances, cannabis or steroids for criminal 15 justice agencies in criminal matters and provides testimony 16 with respect to such examinations. 17 (b) When a person has been adjudged guilty of an offense 18 in violation of the Cannabis Control Act, the Illinois 19 Controlled Substances Act or the Steroid Control Act, in 20 addition to any other disposition, penalty or fine imposed, a 21 criminal laboratory analysis fee of $100$50for each offense 22 for which he was convicted shall be levied by the court. Any 23 person placed on probation pursuant to Section 10 of the 24 Cannabis Control Act, Section 410 of the Illinois Controlled 25 Substances Act or Section 10 of the Steroid Control Act or 26 placed on supervision for a violation of the Cannabis Control 27 Act, the Illinois Controlled Substances Act or the Steroid 28 Control Act shall be assessed a criminal laboratory analysis 29 fee of $100$50for each offense for which he was charged. 30 Upon verified petition of the person, the court may suspend 31 payment of all or part of the fee if it finds that the person SB829 Engrossed -2- LRB9200801ARcd 1 does not have the ability to pay the fee. 2 (c) In addition to any other disposition made pursuant 3 to the provisions of the Juvenile Court Act of 1987, any 4 minor adjudicated delinquent for an offense which if 5 committed by an adult would constitute a violation of the 6 Cannabis Control Act, the Illinois Controlled Substances Act 7 or the Steroid Control Act shall be assessed a criminal 8 laboratory analysis fee of $100$50for each adjudication. 9 Upon verified petition of the minor, the court may suspend 10 payment of all or part of the fee if it finds that the minor 11 does not have the ability to pay the fee. The parent, 12 guardian or legal custodian of the minor may pay some or all 13 of such fee on the minor's behalf. 14 (d) All criminal laboratory analysis fees provided for 15 by this Section shall be collected by the clerk of the court 16 and forwarded to the appropriate crime laboratory fund as 17 provided in subsection (f). 18 (e) Crime laboratory funds shall be established as 19 follows: 20 (1) Any unit of local government which maintains a 21 crime laboratory may establish a crime laboratory fund 22 within the office of the county or municipal treasurer. 23 (2) Any combination of units of local government 24 which maintains a crime laboratory may establish a crime 25 laboratory fund within the office of the treasurer of the 26 county where the crime laboratory is situated. 27 (3) The State Crime Laboratory Fund is hereby 28 created as a special fund in the State Treasury. 29 (f) The analysis fee provided for in subsections (b) and 30 (c) of this Section shall be forwarded to the office of the 31 treasurer of the unit of local government that performed the 32 analysis if that unit of local government has established a 33 crime laboratory fund, or to the State Crime Laboratory Fund 34 if the analysis was performed by a laboratory operated by the SB829 Engrossed -3- LRB9200801ARcd 1 Illinois State Police. If the analysis was performed by a 2 crime laboratory funded by a combination of units of local 3 government, the analysis fee shall be forwarded to the 4 treasurer of the county where the crime laboratory is 5 situated if a crime laboratory fund has been established in 6 that county. If the unit of local government or combination 7 of units of local government has not established a crime 8 laboratory fund, then the analysis fee shall be forwarded to 9 the State Crime Laboratory Fund. The clerk of the circuit 10 court may retain the amount of $10$5from each collected 11 analysis fee to offset administrative costs incurred in 12 carrying out the clerk's responsibilities under this Section. 13 (g) Fees deposited into a crime laboratory fund created 14 pursuant to paragraphs (1) or (2) of subsection (e) of this 15 Section shall be in addition to any allocations made pursuant 16 to existing law and shall be designated for the exclusive use 17 of the crime laboratory. These uses may include, but are not 18 limited to, the following: 19 (1) costs incurred in providing analysis for 20 controlled substances in connection with criminal 21 investigations conducted within this State; 22 (2) purchase and maintenance of equipment for use 23 in performing analyses; and 24 (3) continuing education, training and professional 25 development of forensic scientists regularly employed by 26 these laboratories. 27 (h) Fees deposited in the State Crime Laboratory Fund 28 created pursuant to paragraph (3) of subsection (d) of this 29 Section shall be used by State crime laboratories as 30 designated by the Director of State Police. These funds 31 shall be in addition to any allocations made pursuant to 32 existing law and shall be designated for the exclusive use of 33 State crime laboratories. These uses may include those 34 enumerated in subsection (g) of this Section. SB829 Engrossed -4- LRB9200801ARcd 1 (Source: P.A. 90-655, eff. 7-30-98.) 2 Section 99. Effective date. This Act takes effect on 3 January 1, 2002.