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Public Act 096-1029
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| SB3695 Enrolled | LRB096 20803 RLC 36563 b |
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AN ACT concerning corrections.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The State Finance Act is amended by adding |
Sections 5.777, 5.778, 6z-82, and 8p as follows:
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(30 ILCS 105/5.777 new) |
Sec. 5.777. The State Police Streetgang-Related Crime |
Fund.
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(30 ILCS 105/5.778 new) |
Sec. 5.778. The State Police Operations Assistance Fund.
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(30 ILCS 105/6z-82 new) |
Sec. 6z-82. State Police Operations Assistance Fund. |
(a) There is created in the State treasury a special fund |
known as the State Police Operations Assistance Fund. The Fund |
shall receive revenue pursuant to Section 27.3a of the Clerks |
of Courts Act. The Fund may also receive revenue from grants, |
donations, appropriations, and any other legal source. |
(b) The Department of State Police may use moneys in the |
Fund to finance any of its lawful purposes or functions. |
(c) Expenditures may be made from the Fund only as |
appropriated by the General Assembly by law. |
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(d) Investment income that is attributable to the |
investment of moneys in the Fund shall be retained in the Fund |
for the uses specified in this Section. |
(e) The State Police Operations Assistance Fund shall not |
be subject to administrative chargebacks.
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(30 ILCS 105/8p new) |
Sec. 8p. State Police Streetgang-Related Crime Fund. |
(a) The State Police Streetgang-Related Crime Fund is |
created as a special fund in the State treasury. |
(b) All moneys collected and payable to the Department of |
State Police under Section 5-9-1.19 of the Unified Code of |
Corrections shall be deposited into the State Police |
Streetgang-Related Crime Fund and shall be appropriated to and |
administered by the Department of State Police for operations |
and initiatives to combat and prevent streetgang-related |
crime. |
(c) The State Police Streetgang-Related Crime Fund shall |
not be subject to administrative chargebacks.
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Section 6. The Clerks of Courts Act is amended by changing |
Section 27.3a as follows:
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(705 ILCS 105/27.3a) (from Ch. 25, par. 27.3a)
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Sec. 27.3a. Fees for automated record keeping and State |
Police operations.
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1. The expense of establishing and maintaining automated |
record
keeping systems in the offices of the clerks of the |
circuit court shall
be borne by the county. To defray such |
expense in any county having
established such an automated |
system or which elects to establish such a
system, the county |
board may require the clerk of the circuit court in
their |
county to charge and collect a court automation fee of not less |
than
$1 nor more than $15 to be charged and collected by the |
clerk of the court.
Such fee shall be paid at the time of |
filing the first pleading, paper or
other appearance filed by |
each party in all civil cases or by the defendant
in any |
felony, traffic, misdemeanor, municipal ordinance, or |
conservation
case upon a judgment of guilty or grant of |
supervision, provided that
the record keeping system which |
processes the case
category for which the fee is charged is |
automated or has been approved for
automation by the county |
board, and provided further that no additional fee
shall be |
required if more than one party is presented in a single |
pleading,
paper or other appearance. Such fee shall be |
collected in the manner in
which all other fees or costs are |
collected.
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1.5. Starting on the effective date of this amendatory Act |
of the 96th General Assembly, a clerk of the circuit court in |
any county that imposes a fee pursuant to subsection 1 of this |
Section, shall charge and collect an additional fee in an |
amount equal to the amount of the fee imposed pursuant to |
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subsection 1 of this Section. This additional fee shall be paid |
by the defendant in any felony, traffic, misdemeanor, local |
ordinance, or conservation case upon a judgment of guilty or |
grant of supervision. |
2. With respect to the fee imposed under subsection 1 of |
this Section, each Each clerk shall commence such charges and |
collections upon receipt
of written notice from the chairman of |
the county board together with a
certified copy of the board's |
resolution, which the clerk shall file of
record in his office.
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3. With respect to the fee imposed under subsection 1 of |
this Section, such Such fees shall be in addition to all other |
fees and charges of such
clerks, and assessable as costs, and |
may be waived only if the judge
specifically provides for the |
waiver of the court automation fee. The
fees shall be remitted |
monthly by such clerk to the county treasurer, to be
retained |
by him in a special fund designated as the court automation |
fund.
The fund shall be audited by the county auditor, and the |
board shall make
expenditure from the fund in payment of any |
cost related to the automation
of court records, including |
hardware, software, research and development
costs and |
personnel related thereto, provided that the expenditure is
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approved by the clerk of the court and by the chief judge of |
the circuit
court or his designate.
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4. With respect to the fee imposed under subsection 1 of |
this Section, such Such fees shall not be charged in any matter |
coming to any such clerk
on change of venue, nor in any |
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proceeding to review the decision of any
administrative |
officer, agency or body.
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5. With respect to the additional fee imposed under |
subsection 1.5 of this Section, the fee shall be remitted by |
the circuit clerk to the State Treasurer within one month after |
receipt for deposit into the State Police Operations Assistance |
Fund. |
(Source: P.A. 94-595, eff. 1-1-06.)
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Section 10. The Unified Code of Corrections is amended by |
adding Section 5-9-1.19 as follows:
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(730 ILCS 5/5-9-1.19 new) |
Sec. 5-9-1.19. Additional streetgang fine. In addition to |
any other penalty imposed, a fine of $100 shall be imposed upon |
a person convicted of any violation of the Criminal Code of |
1961 who was, at the time of the commission of the violation a |
streetgang member, as defined in Section 10 of the Illinois |
Streetgang Terrorism Omnibus Prevention Act. Such additional |
fine shall be assessed by the court imposing sentence and shall |
be collected by the circuit clerk. Of this fee, $5 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 as provided by law. Each such additional |