Public Act 098-0537
 
SB1862 EnrolledLRB098 07190 RLC 37251 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  

  
 
    Section 5. The Unified Code of Corrections is amended  by 
changing Sections 5-9-1.1 and 5-9-1.1-5 as follows:
 
    (730 ILCS 5/5-9-1.1)  (from Ch. 38, par. 1005-9-1.1)
    (Text of Section from P.A. 94-550, 96-132, 96-402, 96-1234, 
and 97-545)
    Sec. 5-9-1.1. Drug related offenses. 
    (a) When a person has been adjudged guilty of a drug 
related
offense involving possession or delivery of cannabis or 
possession or delivery
of a controlled substance, other than 
methamphetamine, as defined in the Cannabis Control Act, as 
amended,
or the Illinois Controlled Substances Act, as amended, 
in addition to any
other penalty imposed, a fine shall be 
levied by the court at not less than
the full street value of 
the cannabis or controlled substances seized.
    "Street value" shall be determined by the court on the 
basis of testimony
of law enforcement personnel and the 
defendant as to the amount seized and
such testimony as may be 
required by the court as to the current street
value of the 
cannabis or controlled substance seized.
    (b) In addition to any penalty imposed under subsection (a) 
of this
Section, a fine of
$100 shall be levied by the court, 
the proceeds of which
shall be collected by the Circuit Clerk 
and remitted to the State Treasurer
under Section 27.6 of the 
Clerks of Courts Act
for deposit into the Trauma
Center Fund 
for distribution as provided under Section 3.225 of the 
Emergency
Medical Services (EMS) Systems Act.
    (c) In addition to any penalty imposed under subsection (a) 
of this
Section, a fee of $5 shall be assessed by the court, 
the proceeds of which
shall be collected by the Circuit Clerk 
and remitted to the State Treasurer
under Section 27.6 of the 
Clerks of Courts Act for deposit into the Spinal Cord
Injury 
Paralysis Cure Research Trust Fund.
This additional fee of $5 
shall not be considered a part of the fine for
purposes of any 
reduction in the fine for time served either before or after

sentencing.
    (d) In addition to any penalty imposed under subsection (a) 
of this
Section for a drug related
offense involving possession 
or delivery
of cannabis or possession or delivery of a 
controlled substance as defined in the Cannabis Control Act, 
the Illinois Controlled Substances Act, or the Methamphetamine 
Control and Community Protection Act, a fee of $50 shall be 
assessed by the court, the proceeds of which
shall be collected 
by the Circuit Clerk and remitted to the State Treasurer
under 
Section 27.6 of the Clerks of Courts Act for deposit into the 
Performance-enhancing Substance Testing Fund.
This additional 
fee of $50 shall not be considered a part of the fine for

purposes of any reduction in the fine for time served either 
before or after
sentencing. The provisions of this subsection 
(d), other than this sentence, are inoperative after June 30, 
2011. 
    (e)  In addition to any penalty imposed under subsection (a) 
of this
Section, a $25 assessment  shall be assessed by the 
court, the proceeds of which
shall be collected by the Circuit 
Clerk and remitted to the State Treasurer for deposit into the 
Criminal Justice Information Projects Fund Drug Traffic 
Prevention Fund. The moneys deposited into the Criminal Justice 
Information Projects Fund under Drug Traffic Prevention Fund 
pursuant to this Section shall be appropriated to and 
administered by the Illinois Criminal Justice Information 
Authority Department of State Police for funding of drug task 
forces and Metropolitan Enforcement Groups in accordance with 
the Intergovernmental Drug Laws Enforcement Act. 
    (f) In addition to any penalty imposed under subsection (a) 
of this
Section, a $20 assessment  shall be assessed by the 
court, the proceeds of which
shall be collected by the Circuit 
Clerk. Of the collected proceeds, (i) 90% shall be remitted to 
the State Treasurer for deposit into the Prescription Pill and  
Drug Disposal Fund; (ii) 5% shall be remitted for deposit into 
the Criminal Justice Information Projects Fund, for use by the 
Illinois Criminal Justice Information Authority for the costs 
associated with making grants from the Prescription Pill and 
Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5% 
for deposit into the Circuit Court Clerk Operation and 
Administrative Fund for the costs associated with 
administering this subsection. 
(Source: P.A. 96-132, eff. 8-7-09; 96-402, eff. 1-1-10; 
96-1234, eff. 7-23-10; 97-545, eff. 1-1-12; revised 9-14-11.)
 
    (Text of Section from P.A. 94-556, 96-132, 96-402, 96-1234, 
and 97-545)
    Sec. 5-9-1.1. Drug related offenses. 
    (a) When a person has been adjudged guilty of a drug 
related
offense involving possession or delivery of cannabis or 
possession or delivery
of a controlled substance as defined in 
the Cannabis Control Act, the Illinois Controlled Substances 
Act, or the Methamphetamine Control and Community Protection 
Act,  in addition to any
other penalty imposed, a fine shall be 
levied by the court at not less than
the full street value of 
the cannabis or controlled substances seized.
    "Street value" shall be determined by the court on the 
basis of testimony
of law enforcement personnel and the 
defendant as to the amount seized and
such testimony as may be 
required by the court as to the current street
value of the 
cannabis or controlled substance seized.
    (b) In addition to any penalty imposed under subsection (a) 
of this
Section, a fine of $100 shall be levied by the court, 
the proceeds of which
shall be collected by the Circuit Clerk 
and remitted to the State Treasurer
under Section 27.6 of the 
Clerks of Courts Act for deposit into the Trauma
Center Fund 
for distribution as provided under Section 3.225 of the 
Emergency
Medical Services (EMS) Systems Act.
    (c) In addition to any penalty imposed under subsection (a) 
of this
Section, a fee of $5 shall be assessed by the court, 
the proceeds of which
shall be collected by the Circuit Clerk 
and remitted to the State Treasurer
under Section 27.6 of the 
Clerks of Courts Act for deposit into the Spinal Cord
Injury 
Paralysis Cure Research Trust Fund.
This additional fee of $5 
shall not be considered a part of the fine for
purposes of any 
reduction in the fine for time served either before or after

sentencing.
    (d) In addition to any penalty imposed under subsection (a) 
of this
Section for a drug related
offense involving possession 
or delivery
of cannabis or possession or delivery of a 
controlled substance as defined in the Cannabis Control Act, 
the Illinois Controlled Substances Act, or the Methamphetamine 
Control  and Community Protection Act, a fee of $50 shall be 
assessed by the court, the proceeds of which
shall be collected 
by the Circuit Clerk and remitted to the State Treasurer
under 
Section 27.6 of the Clerks of Courts Act for deposit into the 
Performance-enhancing Substance Testing Fund.
This additional 
fee of $50 shall not be considered a part of the fine for

purposes of any reduction in the fine for time served either 
before or after
sentencing. The provisions of this subsection 
(d), other than this sentence, are inoperative after June 30, 
2011. 
    (e)  In addition to any penalty imposed under subsection (a) 
of this
Section, a $25 assessment  shall be assessed by the 
court, the proceeds of which
shall be collected by the Circuit 
Clerk and remitted to the State Treasurer for deposit into the 
Criminal Justice Information Projects Fund Drug Traffic 
Prevention Fund. The moneys deposited into the Criminal Justice 
Information Projects Fund under Drug Traffic Prevention Fund 
pursuant to this Section shall be appropriated to and 
administered by the Illinois Criminal Justice Information 
Authority Department of State Police for funding of drug task 
forces and Metropolitan Enforcement Groups in accordance with 
the Intergovernmental Drug Laws Enforcement Act. 
    (f) In addition to any penalty imposed under subsection (a) 
of this
Section, a $20 assessment  shall be assessed by the 
court, the proceeds of which
shall be collected by the Circuit 
Clerk. Of the collected proceeds, (i) 90% shall be remitted to 
the State Treasurer for deposit into the Prescription Pill and  
Drug Disposal Fund; (ii) 5% shall be remitted for deposit into 
the Criminal Justice Information Projects Fund, for use by the 
Illinois Criminal Justice Information Authority for the costs 
associated with making grants from the Prescription Pill and 
Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5% 
for deposit into the Circuit Court Clerk Operation and 
Administrative Fund for the costs associated with 
administering this subsection. 
(Source: P.A. 96-132, eff. 8-7-09; 96-402, eff. 1-1-10; 
96-1234, eff. 7-23-10; 97-545, eff. 1-1-12; revised 9-14-11.)
 
    (730 ILCS 5/5-9-1.1-5)
    Sec. 5-9-1.1-5. Methamphetamine related offenses.
    (a) When a person has been adjudged guilty of a 
methamphetamine related
offense involving possession or 
delivery of methamphetamine or any salt of an optical isomer of 
methamphetamine or possession of a methamphetamine 
manufacturing material as set forth in Section 10 of the 
Methamphetamine Control and Community Protection Act with the 
intent to manufacture a substance containing methamphetamine 
or salt of an optical isomer of methamphetamine, in addition to 
any
other penalty imposed, a fine shall be levied by the court 
at not less than
the full street value of the methamphetamine 
or salt of an optical isomer of methamphetamine or 
methamphetamine manufacturing materials seized.
    "Street value" shall be determined by the court on the 
basis of testimony
of law enforcement personnel and the 
defendant as to the amount seized and
such testimony as may be 
required by the court as to the current street
value of the 
methamphetamine or salt of an optical isomer of methamphetamine 
or methamphetamine manufacturing materials seized.
    (b) In addition to any penalty imposed under subsection (a) 
of this
Section, a fine of
$100 shall be levied by the court, 
the proceeds of which
shall be collected by the Circuit Clerk 
and remitted to the State Treasurer
under Section 27.6 of the 
Clerks of Courts Act
for deposit into the Methamphetamine Law 
Enforcement Fund and allocated as provided in subsection (d) of 
Section 5-9-1.2.

    (c)  In addition to any penalty imposed under subsection (a) 
of this
Section, a $25 assessment  shall be assessed by the 
court, the proceeds of which
shall be collected by the Circuit 
Clerk and remitted to the State Treasurer for deposit into the 
Criminal Justice Information Projects Fund Drug Traffic 
Prevention Fund. The moneys deposited into the Criminal Justice 
Information Projects Fund under Drug Traffic Prevention Fund 
pursuant to this Section shall be appropriated to and 
administered by the Illinois Criminal Justice Information 
Authority Department of State Police for funding of drug task 
forces and Metropolitan Enforcement Groups in accordance with 
the Intergovernmental Drug Laws Enforcement Act.
    (d) In addition to any penalty imposed under subsection (a) 
of this
Section, a $20 assessment  shall be assessed by the 
court, the proceeds of which
shall be collected by the Circuit 
Clerk. Of the collected proceeds, (i) 90% shall be remitted to 
the State Treasurer for deposit into the Prescription Pill and  
Drug Disposal Fund; (ii) 5% shall be remitted for deposit into 
the Criminal Justice Information Projects Fund, for use by the 
Illinois Criminal Justice Information Authority for the costs 
associated with making grants from the Prescription Pill and 
Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5% 
for deposit into the Circuit Court Clerk Operation and 
Administrative Fund for the costs associated with 
administering this subsection. 
(Source: P.A. 96-200, eff. 8-10-09; 96-402, eff. 1-1-10; 
96-1000, eff. 7-2-10; 96-1234, eff. 7-23-10; 97-545, eff. 
1-1-12.)
 
 
    Section 99. Effective date. This Act takes effect July 1, 
2013.