Illinois General Assembly - Full Text of Public Act 095-0600
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Public Act 095-0600


 

Public Act 0600 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0600
 
HB3586 Enrolled LRB095 10163 RLC 30377 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 Finance Act is amended by adding
Section 5.675 as follows:
 
    (30 ILCS 105/5.675 new)
    Sec. 5.675. The Sex Offender Investigation Fund.
 
    Section 10. The Clerks of Courts Act is amended by changing
Section 27.6 as follows:
 
    (705 ILCS 105/27.6)
    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
5-9-1.14 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, 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 provided
in subsection (d) 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 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
Review Board Vehicle and Equipment Fund in the State treasury.
(Source: P.A. 93-800, eff. 1-1-05; 94-556, eff. 9-11-05;
94-1009, eff. 1-1-07.)
 
    Section 15. The Unified Code of Corrections is amended by
adding Section 5-9-1.14 as follows:
 
    (730 ILCS 5/5-9-1.14 new)
    Sec. 5-9-1.14. Sex offender fines.
    (a) There shall be added to every penalty imposed in
sentencing for a sex offense as defined in Section 2 of the Sex
Offender Registration Act an additional fine in the amount of
$500 to be imposed upon a plea of guilty, stipulation of facts
or finding of guilty resulting in a judgment of conviction or
order of supervision.
    (b) Such additional amount shall be assessed by the court
imposing sentence and shall be collected by the circuit clerk
in addition to the fine, if any, and costs in the case. Each
such additional penalty shall be remitted by the circuit clerk
within one month after receipt to the State Treasurer for
deposit into the Sex Offender Investigation Fund. The circuit
clerk shall retain 10% of such penalty for deposit into the
Circuit Court Clerk Operation and Administrative Fund created
by the Clerk of the Circuit Court to cover the costs incurred
in administering and enforcing this Section. Such additional
penalty 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.
    (c) Not later than March 1 of each year the clerk of the
circuit court shall submit to the State Comptroller a report of
the amount of funds remitted by him or her to the State
Treasurer under this Section during the preceding calendar
year. Except as otherwise provided by Supreme Court Rules, if a
court in sentencing an offender levies a gross amount for fine,
costs, fees and penalties, the amount of the additional penalty
provided for herein shall be collected from the amount
remaining after deducting from the gross amount levied all fees
of the circuit clerk, the State's Attorney, and the sheriff.
After deducting from the gross amount levied the fees and
additional penalty provided for herein, less any other
additional penalties provided by law, the clerk shall remit
$100 of each $500 additional fine imposed under this Section to
the State's Attorney of the county which prosecuted the case or
the local law enforcement agency that investigated the case
leading to the defendant's judgment of conviction or order of
supervision and after such remission the net balance remaining
to the entity authorized by law to receive the fine imposed in
the case. For purposes of this Section "fees of the circuit
clerk" shall include, if applicable, the fee provided for under
Section 27.3a of the Clerks of Courts Act and the fee, if
applicable, payable to the county in which the violation
occurred under Section 5-1101 of the Counties Code.
    (d) Subject to appropriation, moneys in the Sex Offender
Investigation Fund shall be used by the Department of State
Police to investigate alleged sex offenses and to make grants
to local law enforcement agencies to investigate alleged sex
offenses as such grants are awarded by the Director of State
Police under rules established by the Director of State Police.

Effective Date: 6/1/2008