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Public Act 097-1051 Public Act 1051 97TH GENERAL ASSEMBLY |
Public Act 097-1051 | HB0196 Enrolled | LRB097 05129 RLC 45174 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 State Police Act is amended by adding | Section 7.2 as follows: | (20 ILCS 2610/7.2 new) | Sec. 7.2. State Police Merit Board Public Safety Fund. | (a) A special fund in the State treasury is hereby created | which shall be known as the State Police Merit Board Public | Safety Fund. The Fund shall be used by the State Police Merit | Board to provide a cadet program for State Police personnel and | to meet all costs associated with the functions of the State | Police Merit Board. Notwithstanding any other law to the | contrary, the State Police Merit Board Public Safety Fund is | not subject to sweeps, administrative charge-backs, or any | other fiscal or budgetary maneuver that would in any way | transfer any amounts from the State Police Merit Board Public | Safety Fund into any other fund of the State. | (b) The Fund may receive State appropriations, gifts, | grants, and federal funds and shall include earnings from the | investment of moneys in the Fund. | (c) The administration of this Fund shall be the | responsibility of the State Police Merit Board. The Board shall |
| establish terms and conditions for the operation of the Fund. | The Board shall establish and implement fiscal controls and | accounting periods for programs operated using the Fund. All | fees or moneys received by the State Treasurer under subsection | (n) of Section 27.6 of the Clerks of Courts Act shall be | deposited into the Fund. The moneys deposited in the State | Police Merit Board Public Safety Fund shall be appropriated to | the State Police Merit Board for expenses of the Board for the | administration and conduct of all its programs for State Police | personnel. | Section 7. The State Finance Act is amended by adding | Section 5.811 as follows: | (30 ILCS 105/5.811 new) | Sec. 5.811. The State Police Merit Board Public Safety | Fund. | Section 10. 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, and 97-434) | 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 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 of the Criminal Code of
1961;
| (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 of the Criminal
Code of |
| 1961; 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 of the
Criminal Code of | 1961.
| (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 7 years after the | effective date of Public Act 95-154. | (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 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. | (Source: P.A. 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428, | eff. 8-24-07; 95-600, eff. 6-1-08; 95-876, eff. 8-21-08; | 96-286, eff. 8-11-09; 96-576, eff. 8-18-09; 96-578, eff. | 8-18-09; 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-1175, | eff. 9-20-10; 96-1342, eff. 1-1-11; revised 9-16-10.) | (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667, | 96-735, 96-1175, 96-1342, and 97-434) | 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 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 of the Criminal Code of
1961;
| (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 of the Criminal
Code of | 1961; 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 of the
Criminal Code of | 1961.
| (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 7 years after the effective | date of Public Act 95-154. | (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 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. | (Source: P.A. 96-576, eff. 8-18-09; 96-578, eff. 8-18-09; | 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-735, eff. 1-1-10; | 96-1175, eff. 9-20-10; 96-1342, eff. 1-1-11; 97-434, eff. | 1-1-12.)
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Effective Date: 1/1/2013
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