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Public Act 099-0455 | ||||
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AN ACT concerning burn victims.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the Burn | ||||
Victims Relief Act , which may be referred to as the George | ||||
Bailey Memorial Law. | ||||
Section 5. The George Bailey Memorial Program. | ||||
(a) The George Bailey Memorial Program is created under the | ||||
Department of Insurance, under which any burn victim who, | ||||
through no fault of his or her own, has become disabled and has | ||||
been told by 2 independent physicians that his or her prognosis | ||||
is that he or she has less than 18 months left to live shall | ||||
immediately receive the 5 months' pay that he or she would have | ||||
received for Social Security had there not been a mandatory | ||||
5-month waiting period. The person shall receive the same | ||||
amount that he or she would receive under the Social Security | ||||
disability insurance program, minus $25. This amount shall be | ||||
paid in equal payments for 5 months, ending after the end of | ||||
the 5-month period or upon the applicant's death. | ||||
As used in this Section, "through no fault of his or her | ||||
own" means that the individual is not the proximate cause of | ||||
his or her injury, through either gross negligence or by use of | ||||
a substance that is well known to possibly cause grave bodily |
injury by a short amount of use or exposure.
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(b) Any moneys that a person or his or her estate, trust, | ||
or heirs receive from a settlement for the injury that is the | ||
proximate cause of the person's disability under this Act or | ||
moneys received from Social Security disability benefits shall | ||
be used to repay the George Bailey Memorial Fund, except as | ||
provided under subsection (g) of this Section. The moneys shall | ||
be paid directly to the Department of Insurance for deposit in | ||
the Fund after the Department deducts a 20% administrative fee.
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(c) Any person meeting the requirements of subsection (a) | ||
and whose application is approved shall be eligible to | ||
participate in the Program.
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(d) Any active member of the United States Armed Forces | ||
shall be eligible if he or she was a resident of Illinois for | ||
at least 12 months before enlisting and he or she planned to | ||
return to Illinois.
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(e) Any legal resident of Illinois who, at the time of the | ||
injury, was a resident of Illinois who would qualify under | ||
subsection (a) shall not be disqualified for residency | ||
requirements, provided that he or she was a legal resident at | ||
the time of the injury.
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(f) Any legal resident of Illinois is eligible for | ||
participation in the Program and shall not be disqualified if | ||
the injury occurs outside of the State.
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(g) The State shall have lien rights against all | ||
settlements or moneys otherwise collected due to the injury |
under this Act, but if the amount collected is less than the | ||
amount owed to the State through the Program, the State may not | ||
attach anything beyond the moneys given under the Program.
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Section 10. Payments to the George Bailey Memorial Fund. | ||
The George Bailey Memorial Fund is created as a special fund in | ||
the State treasury. The George Bailey Memorial Fund shall be | ||
funded pursuant to subsection (p) of Section 27.6 of the Clerks | ||
of Courts Act and Section 16-104d of the Illinois Vehicle Code. | ||
Funds received under Section 16-104d of the Illinois Vehicle | ||
Code shall be repaid in full to the Fire Truck Revolving Loan | ||
Fund, without the deduction of the 20% administrative fee | ||
authorized in subsection (b) of Section 5, upon receipt by the | ||
George Bailey Memorial Fund from the person or his or her | ||
estate, trust, or heirs of any moneys from a settlement for the | ||
injury that is the proximate cause of the person's disability | ||
under this Act or moneys received from Social Security | ||
disability benefits. Moneys in the George Bailey Memorial Fund | ||
may only be used for the purposes set forth in this Act. | ||
Section 15. Rulemaking. The Department of Insurance may | ||
adopt rules to implement the provisions of this Act. In order | ||
to provide for the expeditious and timely
implementation of the | ||
provisions of this Act, emergency
rules to implement any | ||
provision of this Act may be adopted
by the Department in | ||
accordance with subsection (t) of Section
5-45 of the Illinois |
Administrative Procedure Act.
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Section 50. The Illinois Administrative Procedure Act is | ||
amended by changing Section 5-45 as follows: | ||
(5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) | ||
Sec. 5-45. Emergency rulemaking. | ||
(a) "Emergency" means the existence of any situation that | ||
any agency
finds reasonably constitutes a threat to the public | ||
interest, safety, or
welfare. | ||
(b) If any agency finds that an
emergency exists that | ||
requires adoption of a rule upon fewer days than
is required by | ||
Section 5-40 and states in writing its reasons for that
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finding, the agency may adopt an emergency rule without prior | ||
notice or
hearing upon filing a notice of emergency rulemaking | ||
with the Secretary of
State under Section 5-70. The notice | ||
shall include the text of the
emergency rule and shall be | ||
published in the Illinois Register. Consent
orders or other | ||
court orders adopting settlements negotiated by an agency
may | ||
be adopted under this Section. Subject to applicable | ||
constitutional or
statutory provisions, an emergency rule | ||
becomes effective immediately upon
filing under Section 5-65 or | ||
at a stated date less than 10 days
thereafter. The agency's | ||
finding and a statement of the specific reasons
for the finding | ||
shall be filed with the rule. The agency shall take
reasonable | ||
and appropriate measures to make emergency rules known to the
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persons who may be affected by them. | ||
(c) An emergency rule may be effective for a period of not | ||
longer than
150 days, but the agency's authority to adopt an | ||
identical rule under Section
5-40 is not precluded. No | ||
emergency rule may be adopted more
than once in any 24 month | ||
period, except that this limitation on the number
of emergency | ||
rules that may be adopted in a 24 month period does not apply
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to (i) emergency rules that make additions to and deletions | ||
from the Drug
Manual under Section 5-5.16 of the Illinois | ||
Public Aid Code or the
generic drug formulary under Section | ||
3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | ||
emergency rules adopted by the Pollution Control
Board before | ||
July 1, 1997 to implement portions of the Livestock Management
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Facilities Act, (iii) emergency rules adopted by the Illinois | ||
Department of Public Health under subsections (a) through (i) | ||
of Section 2 of the Department of Public Health Act when | ||
necessary to protect the public's health, (iv) emergency rules | ||
adopted pursuant to subsection (n) of this Section, (v) | ||
emergency rules adopted pursuant to subsection (o) of this | ||
Section, or (vi) emergency rules adopted pursuant to subsection | ||
(c-5) of this Section. Two or more emergency rules having | ||
substantially the same
purpose and effect shall be deemed to be | ||
a single rule for purposes of this
Section. | ||
(c-5) To facilitate the maintenance of the program of group | ||
health benefits provided to annuitants, survivors, and retired | ||
employees under the State Employees Group Insurance Act of |
1971, rules to alter the contributions to be paid by the State, | ||
annuitants, survivors, retired employees, or any combination | ||
of those entities, for that program of group health benefits, | ||
shall be adopted as emergency rules. The adoption of those | ||
rules shall be considered an emergency and necessary for the | ||
public interest, safety, and welfare. | ||
(d) In order to provide for the expeditious and timely | ||
implementation
of the State's fiscal year 1999 budget, | ||
emergency rules to implement any
provision of Public Act 90-587 | ||
or 90-588
or any other budget initiative for fiscal year 1999 | ||
may be adopted in
accordance with this Section by the agency | ||
charged with administering that
provision or initiative, | ||
except that the 24-month limitation on the adoption
of | ||
emergency rules and the provisions of Sections 5-115 and 5-125 | ||
do not apply
to rules adopted under this subsection (d). The | ||
adoption of emergency rules
authorized by this subsection (d) | ||
shall be deemed to be necessary for the
public interest, | ||
safety, and welfare. | ||
(e) In order to provide for the expeditious and timely | ||
implementation
of the State's fiscal year 2000 budget, | ||
emergency rules to implement any
provision of this amendatory | ||
Act of the 91st General Assembly
or any other budget initiative | ||
for fiscal year 2000 may be adopted in
accordance with this | ||
Section by the agency charged with administering that
provision | ||
or initiative, except that the 24-month limitation on the | ||
adoption
of emergency rules and the provisions of Sections |
5-115 and 5-125 do not apply
to rules adopted under this | ||
subsection (e). The adoption of emergency rules
authorized by | ||
this subsection (e) shall be deemed to be necessary for the
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public interest, safety, and welfare. | ||
(f) In order to provide for the expeditious and timely | ||
implementation
of the State's fiscal year 2001 budget, | ||
emergency rules to implement any
provision of this amendatory | ||
Act of the 91st General Assembly
or any other budget initiative | ||
for fiscal year 2001 may be adopted in
accordance with this | ||
Section by the agency charged with administering that
provision | ||
or initiative, except that the 24-month limitation on the | ||
adoption
of emergency rules and the provisions of Sections | ||
5-115 and 5-125 do not apply
to rules adopted under this | ||
subsection (f). The adoption of emergency rules
authorized by | ||
this subsection (f) shall be deemed to be necessary for the
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public interest, safety, and welfare. | ||
(g) In order to provide for the expeditious and timely | ||
implementation
of the State's fiscal year 2002 budget, | ||
emergency rules to implement any
provision of this amendatory | ||
Act of the 92nd General Assembly
or any other budget initiative | ||
for fiscal year 2002 may be adopted in
accordance with this | ||
Section by the agency charged with administering that
provision | ||
or initiative, except that the 24-month limitation on the | ||
adoption
of emergency rules and the provisions of Sections | ||
5-115 and 5-125 do not apply
to rules adopted under this | ||
subsection (g). The adoption of emergency rules
authorized by |
this subsection (g) shall be deemed to be necessary for the
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public interest, safety, and welfare. | ||
(h) In order to provide for the expeditious and timely | ||
implementation
of the State's fiscal year 2003 budget, | ||
emergency rules to implement any
provision of this amendatory | ||
Act of the 92nd General Assembly
or any other budget initiative | ||
for fiscal year 2003 may be adopted in
accordance with this | ||
Section by the agency charged with administering that
provision | ||
or initiative, except that the 24-month limitation on the | ||
adoption
of emergency rules and the provisions of Sections | ||
5-115 and 5-125 do not apply
to rules adopted under this | ||
subsection (h). The adoption of emergency rules
authorized by | ||
this subsection (h) shall be deemed to be necessary for the
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public interest, safety, and welfare. | ||
(i) In order to provide for the expeditious and timely | ||
implementation
of the State's fiscal year 2004 budget, | ||
emergency rules to implement any
provision of this amendatory | ||
Act of the 93rd General Assembly
or any other budget initiative | ||
for fiscal year 2004 may be adopted in
accordance with this | ||
Section by the agency charged with administering that
provision | ||
or initiative, except that the 24-month limitation on the | ||
adoption
of emergency rules and the provisions of Sections | ||
5-115 and 5-125 do not apply
to rules adopted under this | ||
subsection (i). The adoption of emergency rules
authorized by | ||
this subsection (i) shall be deemed to be necessary for the
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public interest, safety, and welfare. |
(j) In order to provide for the expeditious and timely | ||
implementation of the provisions of the State's fiscal year | ||
2005 budget as provided under the Fiscal Year 2005 Budget | ||
Implementation (Human Services) Act, emergency rules to | ||
implement any provision of the Fiscal Year 2005 Budget | ||
Implementation (Human Services) Act may be adopted in | ||
accordance with this Section by the agency charged with | ||
administering that provision, except that the 24-month | ||
limitation on the adoption of emergency rules and the | ||
provisions of Sections 5-115 and 5-125 do not apply to rules | ||
adopted under this subsection (j). The Department of Public Aid | ||
may also adopt rules under this subsection (j) necessary to | ||
administer the Illinois Public Aid Code and the Children's | ||
Health Insurance Program Act. The adoption of emergency rules | ||
authorized by this subsection (j) shall be deemed to be | ||
necessary for the public interest, safety, and welfare.
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(k) In order to provide for the expeditious and timely | ||
implementation of the provisions of the State's fiscal year | ||
2006 budget, emergency rules to implement any provision of this | ||
amendatory Act of the 94th General Assembly or any other budget | ||
initiative for fiscal year 2006 may be adopted in accordance | ||
with this Section by the agency charged with administering that | ||
provision or initiative, except that the 24-month limitation on | ||
the adoption of emergency rules and the provisions of Sections | ||
5-115 and 5-125 do not apply to rules adopted under this | ||
subsection (k). The Department of Healthcare and Family |
Services may also adopt rules under this subsection (k) | ||
necessary to administer the Illinois Public Aid Code, the | ||
Senior Citizens and Disabled Persons Property Tax Relief Act, | ||
the Senior Citizens and Disabled Persons Prescription Drug | ||
Discount Program Act (now the Illinois Prescription Drug | ||
Discount Program Act), and the Children's Health Insurance | ||
Program Act. The adoption of emergency rules authorized by this | ||
subsection (k) shall be deemed to be necessary for the public | ||
interest, safety, and welfare.
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(l) In order to provide for the expeditious and timely | ||
implementation of the provisions of the
State's fiscal year | ||
2007 budget, the Department of Healthcare and Family Services | ||
may adopt emergency rules during fiscal year 2007, including | ||
rules effective July 1, 2007, in
accordance with this | ||
subsection to the extent necessary to administer the | ||
Department's responsibilities with respect to amendments to | ||
the State plans and Illinois waivers approved by the federal | ||
Centers for Medicare and Medicaid Services necessitated by the | ||
requirements of Title XIX and Title XXI of the federal Social | ||
Security Act. The adoption of emergency rules
authorized by | ||
this subsection (l) shall be deemed to be necessary for the | ||
public interest,
safety, and welfare.
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(m) In order to provide for the expeditious and timely | ||
implementation of the provisions of the
State's fiscal year | ||
2008 budget, the Department of Healthcare and Family Services | ||
may adopt emergency rules during fiscal year 2008, including |
rules effective July 1, 2008, in
accordance with this | ||
subsection to the extent necessary to administer the | ||
Department's responsibilities with respect to amendments to | ||
the State plans and Illinois waivers approved by the federal | ||
Centers for Medicare and Medicaid Services necessitated by the | ||
requirements of Title XIX and Title XXI of the federal Social | ||
Security Act. The adoption of emergency rules
authorized by | ||
this subsection (m) shall be deemed to be necessary for the | ||
public interest,
safety, and welfare.
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(n) In order to provide for the expeditious and timely | ||
implementation of the provisions of the State's fiscal year | ||
2010 budget, emergency rules to implement any provision of this | ||
amendatory Act of the 96th General Assembly or any other budget | ||
initiative authorized by the 96th General Assembly for fiscal | ||
year 2010 may be adopted in accordance with this Section by the | ||
agency charged with administering that provision or | ||
initiative. The adoption of emergency rules authorized by this | ||
subsection (n) shall be deemed to be necessary for the public | ||
interest, safety, and welfare. The rulemaking authority | ||
granted in this subsection (n) shall apply only to rules | ||
promulgated during Fiscal Year 2010. | ||
(o) In order to provide for the expeditious and timely | ||
implementation of the provisions of the State's fiscal year | ||
2011 budget, emergency rules to implement any provision of this | ||
amendatory Act of the 96th General Assembly or any other budget | ||
initiative authorized by the 96th General Assembly for fiscal |
year 2011 may be adopted in accordance with this Section by the | ||
agency charged with administering that provision or | ||
initiative. The adoption of emergency rules authorized by this | ||
subsection (o) is deemed to be necessary for the public | ||
interest, safety, and welfare. The rulemaking authority | ||
granted in this subsection (o) applies only to rules | ||
promulgated on or after the effective date of this amendatory | ||
Act of the 96th General Assembly through June 30, 2011. | ||
(p) In order to provide for the expeditious and timely | ||
implementation of the provisions of Public Act 97-689, | ||
emergency rules to implement any provision of Public Act 97-689 | ||
may be adopted in accordance with this subsection (p) by the | ||
agency charged with administering that provision or | ||
initiative. The 150-day limitation of the effective period of | ||
emergency rules does not apply to rules adopted under this | ||
subsection (p), and the effective period may continue through | ||
June 30, 2013. The 24-month limitation on the adoption of | ||
emergency rules does not apply to rules adopted under this | ||
subsection (p). The adoption of emergency rules authorized by | ||
this subsection (p) is deemed to be necessary for the public | ||
interest, safety, and welfare. | ||
(q) In order to provide for the expeditious and timely | ||
implementation of the provisions of Articles 7, 8, 9, 11, and | ||
12 of this amendatory Act of the 98th General Assembly, | ||
emergency rules to implement any provision of Articles 7, 8, 9, | ||
11, and 12 of this amendatory Act of the 98th General Assembly |
may be adopted in accordance with this subsection (q) by the | ||
agency charged with administering that provision or | ||
initiative. The 24-month limitation on the adoption of | ||
emergency rules does not apply to rules adopted under this | ||
subsection (q). The adoption of emergency rules authorized by | ||
this subsection (q) is deemed to be necessary for the public | ||
interest, safety, and welfare. | ||
(r) In order to provide for the expeditious and timely | ||
implementation of the provisions of this amendatory Act of the | ||
98th General Assembly, emergency rules to implement this | ||
amendatory Act of the 98th General Assembly may be adopted in | ||
accordance with this subsection (r) by the Department of | ||
Healthcare and Family Services. The 24-month limitation on the | ||
adoption of emergency rules does not apply to rules adopted | ||
under this subsection (r). The adoption of emergency rules | ||
authorized by this subsection (r) is deemed to be necessary for | ||
the public interest, safety, and welfare. | ||
(s) In order to provide for the expeditious and timely | ||
implementation of the provisions of Sections 5-5b.1 and 5A-2 of | ||
the Illinois Public Aid Code, emergency rules to implement any | ||
provision of Section 5-5b.1 or Section 5A-2 of the Illinois | ||
Public Aid Code may be adopted in accordance with this | ||
subsection (s) by the Department of Healthcare and Family | ||
Services. The rulemaking authority granted in this subsection | ||
(s) shall apply only to those rules adopted prior to July 1, | ||
2015. Notwithstanding any other provision of this Section, any |
emergency rule adopted under this subsection (s) shall only | ||
apply to payments made for State fiscal year 2015. The adoption | ||
of emergency rules authorized by this subsection (s) is deemed | ||
to be necessary for the public interest, safety, and welfare. | ||
(t) In order to provide for the expeditious and timely | ||
implementation of the provisions of the Burn Victims Relief | ||
Act, emergency rules to implement any provision of the Act may | ||
be adopted in accordance with this subsection (t) by the | ||
Department of Insurance. The rulemaking authority granted in | ||
this subsection (t) shall apply only to those rules adopted | ||
prior to December 31, 2015. The adoption of emergency rules | ||
authorized by this subsection (t) is deemed to be necessary for | ||
the public interest, safety, and welfare. | ||
(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13; | ||
98-651, eff. 6-16-14; 99-2, eff. 3-26-15.) | ||
Section 90. The State Finance Act is amended by adding | ||
Section 5.866 as follows: | ||
(30 ILCS 105/5.866 new) | ||
Sec. 5.866. The George Bailey Memorial Fund.
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Section 95. The Illinois Vehicle Code is amended by | ||
changing Section 16-104d and by adding Section 16-104d-1 as | ||
follows: |
(625 ILCS 5/16-104d) | ||
Sec. 16-104d. Additional fee; serious traffic violation. | ||
Any person who is convicted of, pleads guilty to, or is placed | ||
on supervision for a serious traffic violation, as defined in | ||
Section 1-187.001 of this Code, a violation of Section 11-501 | ||
of this Code, or a violation of a similar provision of a local | ||
ordinance shall pay an additional fee of $35. Of that fee, $15 | ||
shall be deposited into the Fire Prevention Fund in the State | ||
treasury, $14 $15 shall be deposited into the Fire Truck | ||
Revolving Loan Fund in the State treasury, $1 shall be | ||
deposited into the George Bailey Memorial Fund in the State | ||
treasury, and $5 shall be deposited into the Circuit Court | ||
Clerk Operation and Administrative Fund created by the Clerk of | ||
the Circuit Court. | ||
This Section becomes inoperative on January 1, 2017 2020 .
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(Source: P.A. 98-658, eff. 6-23-14.) | ||
(625 ILCS 5/16-104d-1 new) | ||
Sec. 16-104d-1. Additional fee. Beginning on January 1, | ||
2017, any person who is convicted of, pleads guilty to, or is | ||
placed on supervision for a serious traffic violation, as | ||
defined in Section 1-187.001 of this Code, a violation of | ||
Section 11-501 of this Code, or a violation of a similar | ||
provision of a local ordinance shall pay an additional fee of | ||
$35. Of that fee, $15 shall be deposited into the Fire | ||
Prevention Fund in the State treasury, $15 shall be deposited |
into the Fire Truck Revolving Loan Fund in the State treasury, | ||
and $5 shall be deposited into the Circuit Court Clerk | ||
Operation and Administrative Fund. | ||
This Section becomes inoperative on January 1, 2020. | ||
Section 100. The Clerks of Courts Act is amended by | ||
changing Section 27.6 as follows:
| ||
(705 ILCS 105/27.6)
| ||
(Section as amended by P.A. 96-286, 96-576, 96-578, 96-625, | ||
96-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150, | ||
98-658, and 98-1013) | ||
Sec. 27.6. (a) All fees, fines, costs, additional | ||
penalties, bail balances
assessed or forfeited, and any other | ||
amount paid by a person to the circuit
clerk equalling an | ||
amount of $55 or more, except the fine imposed by Section | ||
5-9-1.15
of the Unified Code of Corrections, the additional fee | ||
required
by subsections (b) and (c), restitution under Section | ||
5-5-6 of the
Unified Code of Corrections, contributions to a | ||
local anti-crime program ordered pursuant to Section | ||
5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | ||
Corrections, reimbursement for the costs of an emergency
| ||
response as provided under Section 11-501 of the Illinois | ||
Vehicle Code,
any fees collected for attending a traffic safety | ||
program under paragraph (c)
of Supreme Court Rule 529, any fee | ||
collected on behalf of a State's Attorney
under Section 4-2002 |
of the Counties Code or a sheriff under Section 4-5001
of the | ||
Counties Code, or any cost imposed under Section 124A-5 of the | ||
Code of
Criminal Procedure of 1963, for convictions, orders of | ||
supervision, or any
other disposition for a violation of | ||
Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | ||
similar provision of a local ordinance, and any
violation of | ||
the Child Passenger Protection Act, or a similar provision of a
| ||
local ordinance, and except as otherwise provided in this | ||
Section
shall be disbursed
within 60 days after receipt by the | ||
circuit
clerk as follows: 44.5% shall be disbursed to the | ||
entity authorized by law to
receive the fine imposed in the | ||
case; 16.825% shall be disbursed to the State
Treasurer; and | ||
38.675% shall be disbursed to the county's general corporate
| ||
fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | ||
shall be deposited
by the State Treasurer into the Violent | ||
Crime Victims Assistance Fund, 5.052/17
shall be deposited into | ||
the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall | ||
be deposited into the Drivers Education Fund, and 6.948/17 | ||
shall be
deposited into the Trauma Center Fund. Of the 6.948/17 | ||
deposited into the
Trauma Center Fund from the 16.825% | ||
disbursed to the State Treasurer, 50% shall
be disbursed to the | ||
Department of Public Health and 50% shall be disbursed to
the | ||
Department of Healthcare and Family Services. For fiscal year | ||
1993, amounts deposited into
the Violent Crime Victims | ||
Assistance Fund, the Traffic and Criminal
Conviction Surcharge | ||
Fund, or the Drivers Education Fund shall not exceed 110%
of |
the amounts deposited into those funds in fiscal year 1991. Any
| ||
amount that exceeds the 110% limit shall be distributed as | ||
follows: 50%
shall be disbursed to the county's general | ||
corporate fund and 50% shall be
disbursed to the entity | ||
authorized by law to receive the fine imposed in
the case. Not | ||
later than March 1 of each year the circuit clerk
shall submit | ||
a report of the amount of funds remitted to the State
Treasurer | ||
under this Section during the preceding year based upon
| ||
independent verification of fines and fees. All counties shall | ||
be subject
to this Section, except that counties with a | ||
population under 2,000,000
may, by ordinance, elect not to be | ||
subject to this Section. For offenses
subject to this Section, | ||
judges shall impose one total sum of money payable
for | ||
violations. The circuit clerk may add on no additional amounts | ||
except
for amounts that are required by Sections 27.3a and | ||
27.3c of
this Act, unless those amounts are specifically waived | ||
by the judge. With
respect to money collected by the circuit | ||
clerk as a result of
forfeiture of bail, ex parte judgment or | ||
guilty plea pursuant to Supreme
Court Rule 529, the circuit | ||
clerk shall first deduct and pay amounts
required by Sections | ||
27.3a and 27.3c of this Act. This Section is a denial
and | ||
limitation of home rule powers and functions under subsection | ||
(h) of
Section 6 of Article VII of the Illinois Constitution.
| ||
(b) In addition to any other fines and court costs assessed | ||
by the courts,
any person convicted or receiving an order of | ||
supervision for driving under
the influence of alcohol or drugs |
shall pay an additional fee of $100 to the
clerk of the circuit | ||
court. This amount, less 2 1/2% that shall be used to
defray | ||
administrative costs incurred by the clerk, shall be remitted | ||
by the
clerk to the Treasurer within 60 days after receipt for | ||
deposit into the Trauma
Center Fund. This additional fee of | ||
$100 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. Not later than March 1 of each year the | ||
Circuit Clerk shall
submit a report of the amount of funds | ||
remitted to the State Treasurer under
this subsection during | ||
the preceding calendar year.
| ||
(b-1) In addition to any other fines and court costs | ||
assessed by the courts,
any person convicted or receiving an | ||
order of supervision for driving under the
influence of alcohol | ||
or drugs shall pay an additional fee of $5 to the clerk
of the | ||
circuit court. This amount, less
2 1/2% that shall be used to | ||
defray administrative costs incurred by the clerk,
shall be | ||
remitted by the clerk to the Treasurer within 60 days after | ||
receipt
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. Not | ||
later than March 1 of each
year the Circuit Clerk shall submit | ||
a report of the amount of funds remitted to
the State Treasurer | ||
under this subsection during the preceding calendar
year.
| ||
(c) In addition to any other fines and court costs assessed |
by the courts,
any person convicted for a violation of Sections | ||
24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or the | ||
Criminal Code of 2012 or a person sentenced for a violation of | ||
the Cannabis
Control Act, the Illinois Controlled Substances | ||
Act, or the Methamphetamine Control and Community Protection | ||
Act
shall pay an additional fee of $100 to the clerk
of the | ||
circuit court. This amount, less
2 1/2% that shall be used to | ||
defray administrative costs incurred by the clerk,
shall be | ||
remitted by the clerk to the Treasurer within 60 days after | ||
receipt
for deposit into the Trauma Center Fund. This | ||
additional fee of $100 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. Not later than March 1 of | ||
each
year the Circuit Clerk shall submit a report of the amount | ||
of funds remitted to
the State Treasurer under this subsection | ||
during the preceding calendar year.
| ||
(c-1) In addition to any other fines and court costs | ||
assessed by the
courts, any person sentenced for a violation of | ||
the Cannabis Control Act,
the Illinois Controlled Substances | ||
Act, or the Methamphetamine Control and Community Protection | ||
Act shall pay an additional fee of $5 to the
clerk of the | ||
circuit court. This amount, less 2 1/2% that shall be used to
| ||
defray administrative costs incurred by the clerk, shall be | ||
remitted by the
clerk to the Treasurer within 60 days after | ||
receipt 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. Not | ||
later than March 1
of each year the Circuit Clerk shall submit | ||
a report of the amount of funds
remitted to the State Treasurer | ||
under this subsection during the preceding
calendar year.
| ||
(d) The following amounts must be remitted to the State | ||
Treasurer for
deposit into the Illinois Animal Abuse Fund:
| ||
(1) 50% of the amounts collected for felony offenses | ||
under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||
5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||
Animals Act and Section 26-5 or 48-1 of the Criminal Code | ||
of
1961 or the Criminal Code of 2012;
| ||
(2) 20% of the amounts collected for Class A and Class | ||
B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||
5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||
for Animals Act and Section 26-5 or 48-1 of the Criminal
| ||
Code of 1961 or the Criminal Code of 2012; and
| ||
(3) 50% of the amounts collected for Class C | ||
misdemeanors under Sections
4.01 and 7.1 of the Humane Care | ||
for Animals Act and Section 26-5 or 48-1 of the
Criminal | ||
Code of 1961 or the Criminal Code of 2012.
| ||
(e) Any person who receives a disposition of court | ||
supervision for a violation of the Illinois Vehicle Code or a | ||
similar provision of a local ordinance shall, in addition to | ||
any other fines, fees, and court costs, pay an additional fee | ||
of $29, to be disbursed as provided in Section 16-104c of the |
Illinois Vehicle Code. In addition to the fee of $29, the | ||
person shall also pay a fee of $6, if not waived by the court. | ||
If this $6 fee is collected, $5.50 of the fee shall be | ||
deposited into the Circuit Court Clerk Operation and | ||
Administrative Fund created by the Clerk of the Circuit Court | ||
and 50 cents of the fee shall be deposited into the Prisoner | ||
Review Board Vehicle and Equipment Fund in the State treasury.
| ||
(f) This Section does not apply to the additional child | ||
pornography fines assessed and collected under Section | ||
5-9-1.14 of the Unified Code of Corrections.
| ||
(g) (Blank). | ||
(h) (Blank). | ||
(i)
Of the amounts collected as fines under subsection (b) | ||
of Section 3-712 of the Illinois Vehicle Code, 99% shall be | ||
deposited into the Illinois Military Family Relief Fund and 1% | ||
shall be deposited into the Circuit Court Clerk Operation and | ||
Administrative Fund created by the Clerk of the Circuit Court | ||
to be used to offset the costs incurred by the Circuit Court | ||
Clerk in performing the additional duties required to collect | ||
and disburse funds to entities of State and local government as | ||
provided by law.
| ||
(j) Any person convicted of, pleading guilty to, or placed | ||
on supervision for a serious traffic violation, as defined in | ||
Section 1-187.001 of the Illinois Vehicle Code, a violation of | ||
Section 11-501 of the Illinois Vehicle Code, or a violation of | ||
a similar provision of a local ordinance shall pay an |
additional fee of $35, to be disbursed as provided in Section | ||
16-104d of that Code. | ||
This subsection (j) becomes inoperative on January 1, 2020. | ||
(k) For any conviction or disposition of court supervision | ||
for a violation of Section 11-1429 of the Illinois Vehicle | ||
Code, the circuit clerk shall distribute the fines paid by the | ||
person as specified by subsection (h) of Section 11-1429 of the | ||
Illinois Vehicle Code. | ||
(l) Any person who receives a disposition of court | ||
supervision for a violation of Section 11-501 of the Illinois | ||
Vehicle Code or a similar provision of a local ordinance shall, | ||
in addition to any other fines, fees, and court costs, pay an | ||
additional fee of $50, which shall
be collected by the circuit | ||
clerk and then remitted to the State Treasurer for deposit into | ||
the Roadside Memorial Fund, a special fund in the State | ||
treasury. However, the court may waive the fee if full | ||
restitution is complied with. Subject to appropriation, all | ||
moneys in the Roadside Memorial Fund shall be used by the | ||
Department of Transportation to pay fees imposed under | ||
subsection (f) of Section 20 of the Roadside Memorial Act. The | ||
fee shall be remitted by the circuit clerk within one month | ||
after receipt to the State Treasurer for deposit into the | ||
Roadside Memorial Fund. | ||
(m) Of the amounts collected as fines under subsection (c) | ||
of Section 411.4 of the Illinois Controlled Substances Act or | ||
subsection (c) of Section 90 of the Methamphetamine Control and |
Community Protection Act, 99% shall be deposited to the law | ||
enforcement agency or fund specified and 1% shall be deposited | ||
into the Circuit Court Clerk Operation and Administrative Fund | ||
to be used to offset the costs incurred by the Circuit Court | ||
Clerk in performing the additional duties required to collect | ||
and disburse funds to entities of State and local government as | ||
provided by law. | ||
(n) In addition to any other fines and court costs assessed | ||
by the courts, any person who is convicted of or pleads guilty | ||
to a violation of the Criminal Code of 1961 or the Criminal | ||
Code of 2012, or a similar provision of a local ordinance, or | ||
who is convicted of, pleads guilty to, or receives a | ||
disposition of court supervision for a violation of the | ||
Illinois Vehicle Code, or a similar provision of a local | ||
ordinance, shall pay an additional fee of $15 to the clerk of | ||
the circuit court. This additional fee of $15 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. | ||
This amount, less 2.5% that shall be used to defray | ||
administrative costs incurred by the clerk, shall be remitted | ||
by the clerk to the State Treasurer within 60 days after | ||
receipt for deposit into the State Police Merit Board Public | ||
Safety Fund. | ||
(o) The amounts collected as fines under Sections 10-9, | ||
11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall | ||
be collected by the circuit clerk and distributed as provided |
under Section 5-9-1.21 of the Unified Code of Corrections in | ||
lieu of any disbursement under subsection (a) of this Section. | ||
(p) In addition to any other fees and penalties imposed, | ||
any person who is convicted of or pleads guilty to a violation | ||
of Section 20-1 or Section 20-1.1 of the Criminal Code of 2012 | ||
shall pay an additional fee of $250 to the clerk of the circuit | ||
court. This additional fee of $250 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. This amount, | ||
less 2.5% that shall be used to defray administrative costs | ||
incurred by the clerk, shall be remitted by the clerk to the | ||
Department of Insurance within 60 days after receipt for | ||
deposit into the George Bailey Memorial Fund. | ||
(Source: P.A. 97-434, eff. 1-1-12; 97-1051, eff. 1-1-13; | ||
97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-658, eff. | ||
6-23-14; 98-1013, eff. 1-1-15; revised 10-2-14.) | ||
(Section as amended by P.A. 96-576, 96-578, 96-625, 96-667, | ||
96-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150, | ||
98-658, and 98-1013) | ||
Sec. 27.6. (a) All fees, fines, costs, additional | ||
penalties, bail balances
assessed or forfeited, and any other | ||
amount paid by a person to the circuit
clerk equalling an | ||
amount of $55 or more, except the fine imposed by Section | ||
5-9-1.15
of the Unified Code of Corrections, the additional fee | ||
required
by subsections (b) and (c), restitution under Section |
5-5-6 of the
Unified Code of Corrections, contributions to a | ||
local anti-crime program ordered pursuant to Section | ||
5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | ||
Corrections, reimbursement for the costs of an emergency
| ||
response as provided under Section 11-501 of the Illinois | ||
Vehicle Code,
any fees collected for attending a traffic safety | ||
program under paragraph (c)
of Supreme Court Rule 529, any fee | ||
collected on behalf of a State's Attorney
under Section 4-2002 | ||
of the Counties Code or a sheriff under Section 4-5001
of the | ||
Counties Code, or any cost imposed under Section 124A-5 of the | ||
Code of
Criminal Procedure of 1963, for convictions, orders of | ||
supervision, or any
other disposition for a violation of | ||
Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | ||
similar provision of a local ordinance, and any
violation of | ||
the Child Passenger Protection Act, or a similar provision of a
| ||
local ordinance, and except as otherwise provided in this | ||
Section
shall be disbursed
within 60 days after receipt by the | ||
circuit
clerk as follows: 44.5% shall be disbursed to the | ||
entity authorized by law to
receive the fine imposed in the | ||
case; 16.825% shall be disbursed to the State
Treasurer; and | ||
38.675% shall be disbursed to the county's general corporate
| ||
fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | ||
shall be deposited
by the State Treasurer into the Violent | ||
Crime Victims Assistance Fund, 5.052/17
shall be deposited into | ||
the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall | ||
be deposited into the Drivers Education Fund, and 6.948/17 |
shall be
deposited into the Trauma Center Fund. Of the 6.948/17 | ||
deposited into the
Trauma Center Fund from the 16.825% | ||
disbursed to the State Treasurer, 50% shall
be disbursed to the | ||
Department of Public Health and 50% shall be disbursed to
the | ||
Department of Healthcare and Family Services. For fiscal year | ||
1993, amounts deposited into
the Violent Crime Victims | ||
Assistance Fund, the Traffic and Criminal
Conviction Surcharge | ||
Fund, or the Drivers Education Fund shall not exceed 110%
of | ||
the amounts deposited into those funds in fiscal year 1991. Any
| ||
amount that exceeds the 110% limit shall be distributed as | ||
follows: 50%
shall be disbursed to the county's general | ||
corporate fund and 50% shall be
disbursed to the entity | ||
authorized by law to receive the fine imposed in
the case. Not | ||
later than March 1 of each year the circuit clerk
shall submit | ||
a report of the amount of funds remitted to the State
Treasurer | ||
under this Section during the preceding year based upon
| ||
independent verification of fines and fees. All counties shall | ||
be subject
to this Section, except that counties with a | ||
population under 2,000,000
may, by ordinance, elect not to be | ||
subject to this Section. For offenses
subject to this Section, | ||
judges shall impose one total sum of money payable
for | ||
violations. The circuit clerk may add on no additional amounts | ||
except
for amounts that are required by Sections 27.3a and | ||
27.3c of
this Act, Section 16-104c of the Illinois Vehicle | ||
Code, and subsection (a) of Section 5-1101 of the Counties | ||
Code, unless those amounts are specifically waived by the |
judge. With
respect to money collected by the circuit clerk as | ||
a result of
forfeiture of bail, ex parte judgment or guilty | ||
plea pursuant to Supreme
Court Rule 529, the circuit clerk | ||
shall first deduct and pay amounts
required by Sections 27.3a | ||
and 27.3c of this Act. Unless a court ordered payment schedule | ||
is implemented or fee requirements are waived pursuant to court | ||
order, the clerk of the court may add to any unpaid fees and | ||
costs a delinquency amount equal to 5% of the unpaid fees that | ||
remain unpaid after 30 days, 10% of the unpaid fees that remain | ||
unpaid after 60 days, and 15% of the unpaid fees that remain | ||
unpaid after 90 days. Notice to those parties may be made by | ||
signage posting or publication. The additional delinquency | ||
amounts collected under this Section shall be deposited in the | ||
Circuit Court Clerk Operation and Administrative Fund to be | ||
used to defray administrative costs incurred by the circuit | ||
clerk in performing the duties required to collect and disburse | ||
funds. This Section is a denial
and limitation of home rule | ||
powers and functions under subsection (h) of
Section 6 of | ||
Article VII of the Illinois Constitution.
| ||
(b) In addition to any other fines and court costs assessed | ||
by the courts,
any person convicted or receiving an order of | ||
supervision for driving under
the influence of alcohol or drugs | ||
shall pay an additional fee of $100 to the
clerk of the circuit | ||
court. This amount, less 2 1/2% that shall be used to
defray | ||
administrative costs incurred by the clerk, shall be remitted | ||
by the
clerk to the Treasurer within 60 days after receipt for |
deposit into the Trauma
Center Fund. This additional fee of | ||
$100 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. Not later than March 1 of each year the | ||
Circuit Clerk shall
submit a report of the amount of funds | ||
remitted to the State Treasurer under
this subsection during | ||
the preceding calendar year.
| ||
(b-1) In addition to any other fines and court costs | ||
assessed by the courts,
any person convicted or receiving an | ||
order of supervision for driving under the
influence of alcohol | ||
or drugs shall pay an additional fee of $5 to the clerk
of the | ||
circuit court. This amount, less
2 1/2% that shall be used to | ||
defray administrative costs incurred by the clerk,
shall be | ||
remitted by the clerk to the Treasurer within 60 days after | ||
receipt
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. Not | ||
later than March 1 of each
year the Circuit Clerk shall submit | ||
a report of the amount of funds remitted to
the State Treasurer | ||
under this subsection during the preceding calendar
year.
| ||
(c) In addition to any other fines and court costs assessed | ||
by the courts,
any person convicted for a violation of Sections | ||
24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or the | ||
Criminal Code of 2012 or a person sentenced for a violation of | ||
the Cannabis
Control Act, the Illinois Controlled Substances |
Act, or the Methamphetamine Control and Community Protection | ||
Act
shall pay an additional fee of $100 to the clerk
of the | ||
circuit court. This amount, less
2 1/2% that shall be used to | ||
defray administrative costs incurred by the clerk,
shall be | ||
remitted by the clerk to the Treasurer within 60 days after | ||
receipt
for deposit into the Trauma Center Fund. This | ||
additional fee of $100 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. Not later than March 1 of | ||
each
year the Circuit Clerk shall submit a report of the amount | ||
of funds remitted to
the State Treasurer under this subsection | ||
during the preceding calendar year.
| ||
(c-1) In addition to any other fines and court costs | ||
assessed by the
courts, any person sentenced for a violation of | ||
the Cannabis Control Act,
the Illinois Controlled Substances | ||
Act, or the Methamphetamine Control and Community Protection | ||
Act shall pay an additional fee of $5 to the
clerk of the | ||
circuit court. This amount, less 2 1/2% that shall be used to
| ||
defray administrative costs incurred by the clerk, shall be | ||
remitted by the
clerk to the Treasurer within 60 days after | ||
receipt 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. Not | ||
later than March 1
of each year the Circuit Clerk shall submit | ||
a report of the amount of funds
remitted to the State Treasurer |
under this subsection during the preceding
calendar year.
| ||
(d) The following amounts must be remitted to the State | ||
Treasurer for
deposit into the Illinois Animal Abuse Fund:
| ||
(1) 50% of the amounts collected for felony offenses | ||
under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||
5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||
Animals Act and Section 26-5 or 48-1 of the Criminal Code | ||
of
1961 or the Criminal Code of 2012;
| ||
(2) 20% of the amounts collected for Class A and Class | ||
B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||
5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||
for Animals Act and Section 26-5 or 48-1 of the Criminal
| ||
Code of 1961 or the Criminal Code of 2012; and
| ||
(3) 50% of the amounts collected for Class C | ||
misdemeanors under Sections
4.01 and 7.1 of the Humane Care | ||
for Animals Act and Section 26-5 or 48-1 of the
Criminal | ||
Code of 1961 or the Criminal Code of 2012.
| ||
(e) Any person who receives a disposition of court | ||
supervision for a violation of the Illinois Vehicle Code or a | ||
similar provision of a local ordinance shall, in addition to | ||
any other fines, fees, and court costs, pay an additional fee | ||
of $29, to be disbursed as provided in Section 16-104c of the | ||
Illinois Vehicle Code. In addition to the fee of $29, the | ||
person shall also pay a fee of $6, if not waived by the court. | ||
If this $6 fee is collected, $5.50 of the fee shall be | ||
deposited into the Circuit Court Clerk Operation and |
Administrative Fund created by the Clerk of the Circuit Court | ||
and 50 cents of the fee shall be deposited into the Prisoner | ||
Review Board Vehicle and Equipment Fund in the State treasury.
| ||
(f) This Section does not apply to the additional child | ||
pornography fines assessed and collected under Section | ||
5-9-1.14 of the Unified Code of Corrections.
| ||
(g) Any person convicted of or pleading guilty to a serious | ||
traffic violation, as defined in Section 1-187.001 of the | ||
Illinois Vehicle Code, shall pay an additional fee of $35, to | ||
be disbursed as provided in Section 16-104d of that Code. This | ||
subsection (g) becomes inoperative on January 1, 2020. | ||
(h) In all counties having a population of 3,000,000 or | ||
more inhabitants, | ||
(1) A person who is found guilty of or pleads guilty to | ||
violating subsection (a) of Section 11-501 of the Illinois | ||
Vehicle Code, including any person placed on court | ||
supervision for violating subsection (a), shall be fined | ||
$750 as provided for by subsection (f) of Section 11-501.01 | ||
of the Illinois Vehicle Code, payable to the circuit clerk, | ||
who shall distribute the money pursuant to subsection (f) | ||
of Section 11-501.01 of the Illinois Vehicle Code. | ||
(2) When a crime laboratory DUI analysis fee of $150, | ||
provided for by Section 5-9-1.9 of the Unified Code of | ||
Corrections is assessed, it shall be disbursed by the | ||
circuit clerk as provided by subsection (f) of Section | ||
5-9-1.9 of the Unified Code of Corrections. |
(3) When a fine for a violation of Section 11-605.1 of | ||
the Illinois Vehicle Code is $250 or greater, the person | ||
who violated that Section shall be charged an additional | ||
$125 as provided for by subsection (e) of Section 11-605.1 | ||
of the Illinois Vehicle Code, which shall be disbursed by | ||
the circuit clerk to a State or county Transportation | ||
Safety Highway Hire-back Fund as provided by subsection (e) | ||
of Section 11-605.1 of the Illinois Vehicle Code. | ||
(4) When a fine for a violation of subsection (a) of | ||
Section 11-605 of the Illinois Vehicle Code is $150 or | ||
greater, the additional $50 which is charged as provided | ||
for by subsection (f) of Section 11-605 of the Illinois | ||
Vehicle Code shall be disbursed by the circuit clerk to a | ||
school district or districts for school safety purposes as | ||
provided by subsection (f) of Section 11-605. | ||
(5) When a fine for a violation of subsection (a) of | ||
Section 11-1002.5 of the Illinois Vehicle Code is $150 or | ||
greater, the additional $50 which is charged as provided | ||
for by subsection (c) of Section 11-1002.5 of the Illinois | ||
Vehicle Code shall be disbursed by the circuit clerk to a | ||
school district or districts for school safety purposes as | ||
provided by subsection (c) of Section 11-1002.5 of the | ||
Illinois Vehicle Code. | ||
(6) When a mandatory drug court fee of up to $5 is | ||
assessed as provided in subsection (f) of Section 5-1101 of | ||
the Counties Code, it shall be disbursed by the circuit |
clerk as provided in subsection (f) of Section 5-1101 of | ||
the Counties Code. | ||
(7) When a mandatory teen court, peer jury, youth | ||
court, or other youth diversion program fee is assessed as | ||
provided in subsection (e) of Section 5-1101 of the | ||
Counties Code, it shall be disbursed by the circuit clerk | ||
as provided in subsection (e) of Section 5-1101 of the | ||
Counties Code. | ||
(8) When a Children's Advocacy Center fee is assessed | ||
pursuant to subsection (f-5) of Section 5-1101 of the | ||
Counties Code, it shall be disbursed by the circuit clerk | ||
as provided in subsection (f-5) of Section 5-1101 of the | ||
Counties Code. | ||
(9) When a victim impact panel fee is assessed pursuant | ||
to subsection (b) of Section 11-501.01 of the Vehicle Code, | ||
it shall be disbursed by the circuit clerk to the victim | ||
impact panel to be attended by the defendant. | ||
(10) When a new fee collected in traffic cases is | ||
enacted after the effective date of this subsection (h), it | ||
shall be excluded from the percentage disbursement | ||
provisions of this Section unless otherwise indicated by | ||
law. | ||
(i)
Of the amounts collected as fines under subsection (b) | ||
of Section 3-712 of the Illinois Vehicle Code, 99% shall be | ||
deposited into the Illinois Military Family Relief Fund and 1% | ||
shall be deposited into the Circuit Court Clerk Operation and |
Administrative Fund created by the Clerk of the Circuit Court | ||
to be used to offset the costs incurred by the Circuit Court | ||
Clerk in performing the additional duties required to collect | ||
and disburse funds to entities of State and local government as | ||
provided by law.
| ||
(j) (Blank). | ||
(k) For any conviction or disposition of court supervision | ||
for a violation of Section 11-1429 of the Illinois Vehicle | ||
Code, the circuit clerk shall distribute the fines paid by the | ||
person as specified by subsection (h) of Section 11-1429 of the | ||
Illinois Vehicle Code. | ||
(l) Any person who receives a disposition of court | ||
supervision for a violation of Section 11-501 of the Illinois | ||
Vehicle Code or a similar provision of a local ordinance shall, | ||
in addition to any other fines, fees, and court costs, pay an | ||
additional fee of $50, which shall
be collected by the circuit | ||
clerk and then remitted to the State Treasurer for deposit into | ||
the Roadside Memorial Fund, a special fund in the State | ||
treasury. However, the court may waive the fee if full | ||
restitution is complied with. Subject to appropriation, all | ||
moneys in the Roadside Memorial Fund shall be used by the | ||
Department of Transportation to pay fees imposed under | ||
subsection (f) of Section 20 of the Roadside Memorial Act. The | ||
fee shall be remitted by the circuit clerk within one month | ||
after receipt to the State Treasurer for deposit into the | ||
Roadside Memorial Fund. |
(m) Of the amounts collected as fines under subsection (c) | ||
of Section 411.4 of the Illinois Controlled Substances Act or | ||
subsection (c) of Section 90 of the Methamphetamine Control and | ||
Community Protection Act, 99% shall be deposited to the law | ||
enforcement agency or fund specified and 1% shall be deposited | ||
into the Circuit Court Clerk Operation and Administrative Fund | ||
to be used to offset the costs incurred by the Circuit Court | ||
Clerk in performing the additional duties required to collect | ||
and disburse funds to entities of State and local government as | ||
provided by law. | ||
(n) In addition to any other fines and court costs assessed | ||
by the courts, any person who is convicted of or pleads guilty | ||
to a violation of the Criminal Code of 1961 or the Criminal | ||
Code of 2012, or a similar provision of a local ordinance, or | ||
who is convicted of, pleads guilty to, or receives a | ||
disposition of court supervision for a violation of the | ||
Illinois Vehicle Code, or a similar provision of a local | ||
ordinance, shall pay an additional fee of $15 to the clerk of | ||
the circuit court. This additional fee of $15 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. | ||
This amount, less 2.5% that shall be used to defray | ||
administrative costs incurred by the clerk, shall be remitted | ||
by the clerk to the State Treasurer within 60 days after | ||
receipt for deposit into the State Police Merit Board Public | ||
Safety Fund. |
(o) The amounts collected as fines under Sections 10-9, | ||
11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall | ||
be collected by the circuit clerk and distributed as provided | ||
under Section 5-9-1.21 of the Unified Code of Corrections in | ||
lieu of any disbursement under subsection (a) of this Section. | ||
(p) In addition to any other fees and penalties imposed, | ||
any person who is convicted of or pleads guilty to a violation | ||
of Section 20-1 or Section 20-1.1 of the Criminal Code of 2012 | ||
shall pay an additional fee of $250 to the clerk of the circuit | ||
court. This additional fee of $250 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. This amount, | ||
less 2.5% that shall be used to defray administrative costs | ||
incurred by the clerk, shall be remitted by the clerk to the | ||
Department of Insurance within 60 days after receipt for | ||
deposit into the George Bailey Memorial Fund. | ||
(Source: P.A. 97-434, eff. 1-1-12; 97-1051, eff. 1-1-13; | ||
97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-658, eff. | ||
6-23-14; 98-1013, eff. 1-1-15; revised 10-2-14.)
| ||
Section 999. Effective date. This Act takes effect January | ||
1, 2016. |