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Public Act 095-0154
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| HB1923 Enrolled |
LRB095 09892 DRH 30103 b |
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AN ACT concerning transportation.
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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 5. The Illinois Vehicle Code is amended by adding |
Section 16-104d as follows:
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(625 ILCS 5/16-104d new) |
Sec. 16-104d. Additional fee; serious traffic violation. |
Any person who is convicted of or pleads guilty to a serious |
traffic violation, as defined in Section 1-187.001 of this |
Code, shall pay an additional fee of $20. Of that fee, $7.50 |
shall be deposited into the Fire Prevention Fund in the State |
treasury, $7.50 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 created by the Clerk of the Circuit Court. |
This Section becomes inoperative 7 years after the |
effective date of this amendatory Act of the 95th General |
Assembly.
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Section 10. The Clerks of Courts Act is amended by changing |
Section 27.5 as follows:
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(705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
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Sec. 27.5. (a) All fees, fines, costs, additional |
penalties, bail balances
assessed or forfeited, and any other |
amount paid by a person to the circuit
clerk that equals an |
amount less than $55, except restitution under Section
5-5-6 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
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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
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similar provision of a local ordinance, and except as provided |
in subsection
(b) shall be disbursed within 60 days after |
receipt by the circuit
clerk as follows: 47% shall be disbursed |
to the entity authorized by law to
receive the fine imposed in |
the case; 12% shall be disbursed to the State
Treasurer; and |
41% shall be disbursed to the county's general corporate fund.
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Of the 12% disbursed to the State Treasurer, 1/6 shall be |
deposited by the
State Treasurer into the Violent Crime Victims |
Assistance Fund, 1/2 shall be
deposited into the Traffic and |
Criminal Conviction Surcharge Fund, and 1/3
shall be deposited |
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into the Drivers Education Fund. For fiscal years 1992 and
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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
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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 |
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(h) of
Section 6 of Article VII of the Illinois Constitution.
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(b) The following amounts must be remitted to the State |
Treasurer for
deposit into the Illinois Animal Abuse Fund:
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(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;
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(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
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(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.
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(c) Any person who receives a disposition of court |
supervision for a violation of the Illinois Vehicle Code shall, |
in addition to any other fines, fees, and court costs, pay an |
additional fee of $20, to be disbursed as provided in Section |
16-104c of the Illinois Vehicle Code. In addition to the fee of |
$20, the person shall also pay a fee of $5, if not waived by the |
court. If this $5 fee is collected, $4.50 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 |
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Review Board Vehicle and Equipment Fund in the State treasury. |
(d) 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 $20, to |
be disbursed as provided in Section 16-104d of that Code. |
This subsection (d) becomes inoperative 7 years after the |
effective date of this amendatory Act of the 95th General |
Assembly.
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(Source: P.A. 93-800, eff. 1-1-05; 94-1009, eff. 1-1-07.)
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Section 15. The Unified Code of Corrections is amended by |
changing Section 5-6-1 as follows:
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(730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
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Sec. 5-6-1. Sentences of Probation and of Conditional
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Discharge and Disposition of Supervision.
The General Assembly |
finds that in order to protect the public, the
criminal justice |
system must compel compliance with the conditions of probation
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by responding to violations with swift, certain and fair |
punishments and
intermediate sanctions. The Chief Judge of each |
circuit shall adopt a system of
structured, intermediate |
sanctions for violations of the terms and conditions
of a |
sentence of probation, conditional discharge or disposition of
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supervision.
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(a) Except where specifically prohibited by other
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provisions of this Code, the court shall impose a sentence
of |
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probation or conditional discharge upon an offender
unless, |
having regard to the nature and circumstance of
the offense, |
and to the history, character and condition
of the offender, |
the court is of the opinion that:
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(1) his imprisonment or periodic imprisonment is |
necessary
for the protection of the public; or
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(2) probation or conditional discharge would deprecate
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the seriousness of the offender's conduct and would be
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inconsistent with the ends of justice; or
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(3) a combination of imprisonment with concurrent or |
consecutive probation when an offender has been admitted |
into a drug court program under Section 20 of the Drug |
Court Treatment Act is necessary for the protection of the |
public and for the rehabilitation of the offender.
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The court shall impose as a condition of a sentence of |
probation,
conditional discharge, or supervision, that the |
probation agency may invoke any
sanction from the list of |
intermediate sanctions adopted by the chief judge of
the |
circuit court for violations of the terms and conditions of the |
sentence of
probation, conditional discharge, or supervision, |
subject to the provisions of
Section 5-6-4 of this Act.
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(b) The court may impose a sentence of conditional
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discharge for an offense if the court is of the opinion
that |
neither a sentence of imprisonment nor of periodic
imprisonment |
nor of probation supervision is appropriate.
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(b-1) Subsections (a) and (b) of this Section do not apply |
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to a defendant charged with a misdemeanor or felony under the |
Illinois Vehicle Code or reckless homicide under Section 9-3 of |
the Criminal Code of 1961 if the defendant within the past 12 |
months has been convicted of or pleaded guilty to a misdemeanor |
or felony under the Illinois Vehicle Code or reckless homicide |
under Section 9-3 of the Criminal Code of 1961. |
(c) The court may, upon a plea of guilty or a stipulation
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by the defendant of the facts supporting the charge or a
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finding of guilt, defer further proceedings and the
imposition |
of a sentence, and enter an order for supervision of the |
defendant,
if the defendant is not charged with: (i) a Class A |
misdemeanor, as
defined by the following provisions of the |
Criminal Code of 1961: Sections
11-9.1; 12-3.2; 12-15; 26-5; |
31-1; 31-6; 31-7; subsections (b) and (c) of Section
21-1;
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paragraph (1) through (5), (8), (10), and (11) of subsection |
(a) of Section
24-1; (ii) a Class A misdemeanor violation of |
Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals |
Act; or (iii)
felony.
If the defendant
is not barred from |
receiving an order for supervision as provided in this
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subsection, the court may enter an order for supervision after |
considering the
circumstances of the offense, and the history,
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character and condition of the offender, if the court is of the |
opinion
that:
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(1) the offender is not likely to commit further |
crimes;
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(2) the defendant and the public would be best served |
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if the
defendant were not to receive a criminal record; and
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(3) in the best interests of justice an order of |
supervision
is more appropriate than a sentence otherwise |
permitted under this Code.
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(d) The provisions of paragraph (c) shall not apply to a |
defendant charged
with violating Section 11-501 of the Illinois |
Vehicle Code or a similar
provision of a local
ordinance when |
the defendant has previously been:
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(1) convicted for a violation of Section 11-501 of
the |
Illinois Vehicle
Code or a similar provision of a
local |
ordinance or any similar law or ordinance of another state; |
or
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(2) assigned supervision for a violation of Section |
11-501 of the Illinois
Vehicle Code or a similar provision |
of a local ordinance or any similar law
or ordinance of |
another state; or
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(3) pleaded guilty to or stipulated to the facts |
supporting
a charge or a finding of guilty to a violation |
of Section 11-503 of the
Illinois Vehicle Code or a similar |
provision of a local ordinance or any
similar law or |
ordinance of another state, and the
plea or stipulation was |
the result of a plea agreement.
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The court shall consider the statement of the prosecuting
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authority with regard to the standards set forth in this |
Section.
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(e) The provisions of paragraph (c) shall not apply to a |
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defendant
charged with violating Section 16A-3 of the Criminal |
Code of 1961 if said
defendant has within the last 5 years |
been:
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(1) convicted for a violation of Section 16A-3 of the |
Criminal Code of
1961; or
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(2) assigned supervision for a violation of Section |
16A-3 of the Criminal
Code of 1961.
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The court shall consider the statement of the prosecuting |
authority with
regard to the standards set forth in this |
Section.
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(f) The provisions of paragraph (c) shall not apply to a |
defendant
charged with violating Sections 15-111, 15-112, |
15-301, paragraph (b)
of Section 6-104, Section 11-605, or |
Section 11-1414
of the Illinois Vehicle Code or a similar |
provision of a local ordinance.
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(g) Except as otherwise provided in paragraph (i) of this |
Section, the
provisions of paragraph (c) shall not apply to a
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defendant charged with violating Section
3-707, 3-708, 3-710, |
or 5-401.3
of the Illinois Vehicle Code or a similar provision |
of a local ordinance if the
defendant has within the last 5 |
years been:
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(1) convicted for a violation of Section 3-707, 3-708, |
3-710, or 5-401.3
of the Illinois Vehicle Code or a similar |
provision of a local
ordinance; or
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(2) assigned supervision for a violation of Section |
3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle |
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Code or a similar provision of a local
ordinance.
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The court shall consider the statement of the prosecuting |
authority with
regard to the standards set forth in this |
Section.
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(h) The provisions of paragraph (c) shall not apply to a |
defendant under
the age of 21 years charged with violating a |
serious traffic offense as defined
in Section 1-187.001 of the |
Illinois Vehicle Code:
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(1) unless the defendant, upon payment of the fines, |
penalties, and costs
provided by law, agrees to attend and |
successfully complete a traffic safety
program approved by |
the court under standards set by the Conference of Chief
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Circuit Judges. The accused shall be responsible for |
payment of any traffic
safety program fees. If the accused |
fails to file a certificate of
successful completion on or |
before the termination date of the supervision
order, the |
supervision shall be summarily revoked and conviction |
entered. The
provisions of Supreme Court Rule 402 relating |
to pleas of guilty do not apply
in cases when a defendant |
enters a guilty plea under this provision; or
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(2) if the defendant has previously been sentenced |
under the provisions of
paragraph (c) on or after January |
1, 1998 for any serious traffic offense as
defined in |
Section 1-187.001 of the Illinois Vehicle Code.
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(i) The provisions of paragraph (c) shall not apply to a |
defendant charged
with violating Section 3-707 of the Illinois |
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Vehicle Code or a similar
provision of a local ordinance if the |
defendant has been assigned supervision
for a violation of |
Section 3-707 of the Illinois Vehicle Code or a similar
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provision of a local ordinance.
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(j) The provisions of paragraph (c) shall not apply to a
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defendant charged with violating
Section 6-303 of the Illinois |
Vehicle Code or a similar provision of
a local ordinance when |
the revocation or suspension was for a violation of
Section |
11-501 or a similar provision of a local ordinance, a violation |
of
Section 11-501.1 or paragraph (b) of Section 11-401 of the |
Illinois Vehicle
Code, or a violation of Section 9-3 of the |
Criminal Code of 1961 if the
defendant has within the last 10 |
years been:
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(1) convicted for a violation of Section 6-303 of the |
Illinois Vehicle
Code or a similar provision of a local |
ordinance; or
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(2) assigned supervision for a violation of Section |
6-303 of the Illinois
Vehicle Code or a similar provision |
of a local ordinance. |
(k) The provisions of paragraph (c) shall not apply to a
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defendant charged with violating
any provision of the Illinois |
Vehicle Code or a similar provision of a local ordinance that |
governs the movement of vehicles if, within the 12 months |
preceding the date of the defendant's arrest, the defendant has |
been assigned court supervision on 2 occasions for a violation |
that governs the movement of vehicles under the Illinois |
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Vehicle Code or a similar provision of a local ordinance.
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(l) A defendant charged with violating any provision of the |
Illinois Vehicle Code who, after a court appearance in the same |
matter, receives a disposition of supervision under subsection |
(c) shall pay an additional fee of $20, to be collected as |
provided in Sections 27.5 and 27.6 of the Clerks of Courts Act. |
In addition to the $20 fee, the person shall also pay a fee of |
$5, which, if not waived by the court, shall be collected as |
provided in Sections 27.5 and 27.6 of the Clerks of Courts Act. |
The $20 fee shall be disbursed as provided in Section 16-104c |
of the Illinois Vehicle Code. If the $5 fee is collected, $4.50 |
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. |
(m) 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 $20, to |
be disbursed as provided in Section 16-104d of that Code. |
This subsection (m) becomes inoperative 7 years after the |
effective date of this amendatory Act of the 95th General |
Assembly.
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(Source: P.A. 93-388, eff. 7-25-03; 93-1014, eff. 1-1-05; |
94-169, eff. 1-1-06; 94-330, eff. 1-1-06; 94-375, eff. 1-1-06; |
94-1009, eff. 1-1-07.)
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