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Public Act 096-1342 | ||||
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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 changing | ||||
Section 11-501.01 as follows: | ||||
(625 ILCS 5/11-501.01)
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Sec. 11-501.01. Additional administrative sanctions. | ||||
(a) After a finding of guilt and prior to any final | ||||
sentencing or an order for supervision, for an offense based | ||||
upon an arrest for a violation of Section 11-501 or a similar | ||||
provision of a local ordinance, individuals shall be required | ||||
to undergo a professional evaluation to determine if an | ||||
alcohol, drug, or intoxicating compound abuse problem exists | ||||
and the extent of the problem, and undergo the imposition of | ||||
treatment as appropriate. Programs conducting these | ||||
evaluations shall be licensed by the Department of Human | ||||
Services. The cost of any professional evaluation shall be paid | ||||
for by the individual required to undergo the professional | ||||
evaluation. | ||||
(b) Any person who is found guilty of or pleads guilty to | ||||
violating Section 11-501, including any person receiving a | ||||
disposition of court supervision for violating that Section, | ||||
may be required by the Court to attend a victim impact panel |
offered by, or under contract with, a county State's Attorney's | ||
office, a probation and court services department, Mothers | ||
Against Drunk Driving, or the Alliance Against Intoxicated | ||
Motorists. All costs generated by the victim impact panel shall | ||
be paid from fees collected from the offender or as may be | ||
determined by the court. | ||
(c) Every person found guilty of violating Section 11-501, | ||
whose operation of a motor vehicle while in violation of that | ||
Section proximately caused any incident resulting in an | ||
appropriate emergency response, shall be liable for the expense | ||
of an emergency response as provided in subsection (i) of this | ||
Section. | ||
(d) The Secretary of State shall revoke the driving | ||
privileges of any person convicted under Section 11-501 or a | ||
similar provision of a local ordinance. | ||
(e) The Secretary of State shall require the use of | ||
ignition interlock devices on all vehicles owned by a person | ||
who has been convicted of a second or subsequent offense of | ||
Section 11-501 or a similar provision of a local ordinance. The | ||
person must pay to the Secretary of State DUI Administration | ||
Fund an amount not to exceed $30 for each month that he or she | ||
uses the device. The Secretary shall establish by rule and | ||
regulation the procedures for certification and use of the | ||
interlock system, the amount of the fee, and the procedures, | ||
terms, and conditions relating to these fees. | ||
(f) In addition to any other penalties and liabilities, a |
person who is found guilty of or pleads guilty to violating | ||
Section 11-501, including any person placed on court | ||
supervision for violating Section 11-501, shall be assessed | ||
$750 $500 , payable to the circuit clerk, who shall distribute | ||
the money as follows: $350 20% to the law enforcement agency | ||
that made the arrest, and $400 80% shall be forwarded to the | ||
State Treasurer for deposit into the General Revenue Fund. If | ||
the person has been previously convicted of violating Section | ||
11-501 or a similar provision of a local ordinance, the fine | ||
shall be $1,000 , and the circuit clerk shall distribute
$200 to | ||
the law enforcement agency that
made the arrest and $800 to the | ||
State
Treasurer for deposit into the General Revenue Fund . In | ||
the event that more than one agency is responsible for the | ||
arrest, the amount payable to law enforcement agencies shall be | ||
shared equally. Any moneys received by a law enforcement agency | ||
under this subsection (f) shall be used to purchase law | ||
enforcement equipment that will assist in the prevention of | ||
alcohol related criminal violence throughout the State. This | ||
shall include, but is not limited to, in-car video cameras, | ||
radar and laser speed detection devices, and alcohol breath | ||
testers. Any moneys received by the Department of State Police | ||
under this subsection (f) shall be deposited into the State | ||
Police DUI Fund and shall be used to purchase law enforcement | ||
equipment that will assist in the prevention of alcohol related | ||
criminal violence throughout the State. | ||
(g) The Secretary of State Police DUI Fund is created as a |
special fund in the State treasury. All moneys received by the | ||
Secretary of State Police under subsection (f) of this Section | ||
shall be deposited into the Secretary of State Police DUI Fund | ||
and, subject to appropriation, shall be used to purchase law | ||
enforcement equipment to assist in the prevention of alcohol | ||
related criminal violence throughout the State. | ||
(h) Whenever an individual is sentenced for an offense | ||
based upon an arrest for a violation of Section 11-501 or a | ||
similar provision of a local ordinance, and the professional | ||
evaluation recommends remedial or rehabilitative treatment or | ||
education, neither the treatment nor the education shall be the | ||
sole disposition and either or both may be imposed only in | ||
conjunction with another disposition. The court shall monitor | ||
compliance with any remedial education or treatment | ||
recommendations contained in the professional evaluation. | ||
Programs conducting alcohol or other drug evaluation or | ||
remedial education must be licensed by the Department of Human | ||
Services. If the individual is not a resident of Illinois, | ||
however, the court may accept an alcohol or other drug | ||
evaluation or remedial education program in the individual's | ||
state of residence. Programs providing treatment must be | ||
licensed under existing applicable alcoholism and drug | ||
treatment licensure standards. | ||
(i) In addition to any other fine or penalty required by | ||
law, an individual convicted of a violation of Section 11-501, | ||
Section 5-7 of the Snowmobile Registration and Safety Act, |
Section 5-16 of the Boat Registration and Safety Act, or a | ||
similar provision, whose operation of a motor vehicle, | ||
snowmobile, or watercraft while in violation of Section 11-501, | ||
Section 5-7 of the Snowmobile Registration and Safety Act, | ||
Section 5-16 of the Boat Registration and Safety Act, or a | ||
similar provision proximately caused an incident resulting in | ||
an appropriate emergency response, shall be required to make | ||
restitution to a public agency for the costs of that emergency | ||
response. The restitution may not exceed $1,000 per public | ||
agency for each emergency response. As used in this subsection | ||
(i), "emergency response" means any incident requiring a | ||
response by a police officer, a firefighter carried on the | ||
rolls of a regularly constituted fire department, or an | ||
ambulance.
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(Source: P.A. 95-578, eff. 6-1-08; 95-848, eff. 1-1-09.) | ||
Section 10. The Clerks of Courts Act is amended by changing | ||
Sections 27.5 and 27.6 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 otherwise | ||
provided in this Section 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
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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.
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
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deposited into the Traffic and Criminal Conviction Surcharge | ||
Fund, and 1/3
shall be deposited into the Drivers Education | ||
Fund. For fiscal years 1992 and
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
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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 a court order, the circuit clerk 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.
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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 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. | ||
(d) 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 $20, to be disbursed as provided in Section | ||
16-104d of that Code. | ||
This subsection Subsection (d) becomes inoperative 7 years | ||
after the effective date of Public Act 95-154.
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(e) In all counties having a population of 3,000,000 or | ||
more inhabitants : , | ||
(1) (e-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 $500 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) (e-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) (e-3) 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. | ||
(4) (e-3.5) 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. | ||
(5) (e-4) 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. | ||
(6) (e-5) 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. | ||
(7) (e-6) 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. | ||
(8) (e-7) When a victim impact panel fee is assessed | ||
pursuant to subsection (b) of Section 11-501.01 of the | ||
Illinois Vehicle Code, it shall be disbursed by the circuit | ||
clerk to the victim impact panel to be
attended by the | ||
defendant. | ||
(9) (e-8) When a new fee collected in traffic cases is | ||
enacted after January 1, 2010 ( the effective date of Public | ||
Act 96-735) this amendatory Act of the 96th General | ||
Assembly , it shall be excluded from the percentage | ||
disbursement provisions of this Section unless otherwise | ||
indicated by law. | ||
(f) (e) Any person who receives a disposition of court |
supervision for a violation of Section 11-501 of the Illinois | ||
Vehicle Code 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. | ||
(g) (e) 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. | ||
(Source: P.A. 95-154, eff. 10-13-07; 95-428, eff. 8-24-07; | ||
95-876, eff. 8-21-08; 96-286, eff. 8-11-09; 96-576, eff. | ||
8-18-09; 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-735, | ||
eff. 1-1-10; revised 11-5-09; revised 12-28-09.)
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(705 ILCS 105/27.6)
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(Section as amended by P.A. 96-286, 96-576, 96-578, 96-625, | ||
and 96-667) |
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 subsections (d) and (g)
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) (g)
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) (h) 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 $20, to be disbursed as provided in | ||
Section 16-104d of that Code. | ||
This subsection (h) becomes inoperative 7 years after the | ||
effective date of Public Act 95-154. | ||
(k) (h) 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) (h) 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. | ||
(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; revised | ||
12-29-09.) | ||
(Section as amended by P.A. 96-576, 96-578, 96-625, 96-667, | ||
and 96-735) | ||
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 subsections (b) through (h)
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 $20, 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) (h-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 $500 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) (h-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) (h-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) (h-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) (h-4.5) 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) (h-5) 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) (h-6) 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) (h-7) 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) (h-8) 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) (h-9) 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) (g)
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) (h) 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) (h) 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. | ||
(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; | ||
96-576, 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; revised | ||
12-29-09.)
| ||
Section 99. Effective date. This Act takes effect January | ||
1, 2011.
|