State of Illinois
92nd General Assembly
Legislation

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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 $50 for 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 $50 for 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 $50  for  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  $5  from  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.

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