Public Act 103-0730
 
HB4848 EnrolledLRB103 37935 MXP 68067 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by
changing Section 15-109.1 as follows:
 
    (625 ILCS 5/15-109.1)  (from Ch. 95 1/2, par. 15-109.1)
    Sec. 15-109.1. Covers or tarpaulins required for certain
loads.
    (a) No person shall operate or cause to be operated, on a
highway, any second division vehicle loaded with dirt,
aggregate, garbage, refuse, or other similar material, when
any portion of the load is falling, sifting, blowing, dropping
or in any way escaping from the vehicle.
    (b) No person shall operate or cause to be operated, on a
highway, any second division vehicle having a gross vehicle
weight rating of 8,000 pounds or more loaded with dirt,
aggregate, garbage, refuse, or other similar material in or on
any part of the vehicle other than in the cargo area. In
addition, no person shall operate on any highway, such vehicle
unless the tailgate on the vehicle is in good repair and
operating condition and closes securely so as to prevent any
load, residue, or other material from escaping.
    (c) This Section shall not apply to the operation of
highway maintenance vehicles engaged in removing snow and ice
from the roadway, nor to implements of husbandry or other farm
vehicles while transporting agricultural products to or from
the original place of production.
    (d) For the purpose of this Section "aggregate" shall
include all ores, minerals, sand, gravel, shale, coal, clay,
limestone or any other ore or mineral which may be mined.
    (e) Notwithstanding any other penalty, whenever a police
officer determines that the operator of a vehicle is in
violation of this Section, as evidenced by the issuance of a
citation for a violation of Section 15-109.1 of this Code, or
where a police officer determines that a dangerous condition
exists whereby any portion of the load may fall, sift, blow,
drop, or in any way escape or fall from the vehicle, the police
officer shall require the operator to stop the vehicle in a
suitable place and keep such vehicle stationary until the load
has either been reduced, secured, or covered with a cover or
tarpaulin of sufficient size to prevent any further violation
of this Section.
    (f) No person shall operate or cause to be operated, on a
highway, a commercial motor vehicle, with the exception of a
highway maintenance vehicle, transporting garbage or refuse
unless the tailgate on the vehicle is in good working repair,
good operating condition, and closes securely, with a cover or
tarpaulin of sufficient size attached, so as to prevent any
load, residue, or other material from escaping.
    (g) Any violation of the provisions of this Section shall
be a petty offense punishable by a fine not to exceed $150
$250. In addition, a person, firm, or corporation convicted of
4 or more violations of subsection (f) within a 12-month
period shall be fined an additional amount of $150 for the
fourth and each subsequent conviction within the 12-month
period. Regarding a firm or corporation, a fourth or
subsequent conviction means a fourth or subsequent conviction
attributable to one employee-driver.
(Source: P.A. 91-858, eff. 1-1-01.)
 
    Section 10. The Criminal and Traffic Assessment Act is
amended by changing Section 15-70 as follows:
 
    (705 ILCS 135/15-70)
    Sec. 15-70. Conditional assessments. In addition to
payments under one of the Schedule of Assessments 1 through 13
of this Act, the court shall also order payment of any of the
following conditional assessment amounts for each sentenced
violation in the case to which a conditional assessment is
applicable, which shall be collected and remitted by the Clerk
of the Circuit Court as provided in this Section:
        (1) arson, residential arson, or aggravated arson,
    $500 per conviction to the State Treasurer for deposit
    into the Fire Prevention Fund;
        (2) child pornography under Section 11-20.1 of the
    Criminal Code of 1961 or the Criminal Code of 2012, $500
    per conviction, unless more than one agency is responsible
    for the arrest in which case the amount shall be remitted
    to each unit of government equally:
            (A) if the arresting agency is an agency of a unit
        of local government, $500 to the treasurer of the unit
        of local government for deposit into the unit of local
        government's General Fund, except that if the Illinois
        State Police provides digital or electronic forensic
        examination assistance, or both, to the arresting
        agency then $100 to the State Treasurer for deposit
        into the State Crime Laboratory Fund; or
            (B) if the arresting agency is the Illinois State
        Police, $500 to the State Treasurer for deposit into
        the State Crime Laboratory Fund;
        (3) crime laboratory drug analysis for a drug-related
    offense involving possession or delivery of cannabis or
    possession or delivery of a controlled substance as
    defined in the Cannabis Control Act, the Illinois
    Controlled Substances Act, or the Methamphetamine Control
    and Community Protection Act, $100 reimbursement for
    laboratory analysis, as set forth in subsection (f) of
    Section 5-9-1.4 of the Unified Code of Corrections;
        (4) DNA analysis, $250 on each conviction in which it
    was used to the State Treasurer for deposit into the State
    Crime Laboratory Fund as set forth in Section 5-9-1.4 of
    the Unified Code of Corrections;
        (5) DUI analysis, $150 on each sentenced violation in
    which it was used as set forth in subsection (f) of Section
    5-9-1.9 of the Unified Code of Corrections;
        (6) drug-related offense involving possession or
    delivery of cannabis or possession or delivery of a
    controlled substance, other than methamphetamine, as
    defined in the Cannabis Control Act or the Illinois
    Controlled Substances Act, an amount not less than the
    full street value of the cannabis or controlled substance
    seized for each conviction to be disbursed as follows:
            (A) 12.5% of the street value assessment shall be
        paid into the Youth Drug Abuse Prevention Fund, to be
        used by the Department of Human Services for the
        funding of programs and services for drug-abuse
        treatment, and prevention and education services;
            (B) 37.5% to the county in which the charge was
        prosecuted, to be deposited into the county General
        Fund;
            (C) 50% to the treasurer of the arresting law
        enforcement agency of the municipality or county, or
        to the State Treasurer if the arresting agency was a
        state agency, to be deposited as provided in
        subsection (c) of Section 10-5;
            (D) if the arrest was made in combination with
        multiple law enforcement agencies, the clerk shall
        equitably allocate the portion in subparagraph (C) of
        this paragraph (6) among the law enforcement agencies
        involved in the arrest;
        (6.5) Kane County or Will County, in felony,
    misdemeanor, local or county ordinance, traffic, or
    conservation cases, up to $30 as set by the county board
    under Section 5-1101.3 of the Counties Code upon the entry
    of a judgment of conviction, an order of supervision, or a
    sentence of probation without entry of judgment under
    Section 10 of the Cannabis Control Act, Section 410 of the
    Illinois Controlled Substances Act, Section 70 of the
    Methamphetamine Control and Community Protection Act,
    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
    the Criminal Code of 1961 or the Criminal Code of 2012,
    Section 10-102 of the Illinois Alcoholism and Other Drug
    Dependency Act, or Section 10 of the Steroid Control Act;
    except in local or county ordinance, traffic, and
    conservation cases, if fines are paid in full without a
    court appearance, then the assessment shall not be imposed
    or collected. Distribution of assessments collected under
    this paragraph (6.5) shall be as provided in Section
    5-1101.3 of the Counties Code;
        (7) methamphetamine-related offense involving
    possession or delivery of methamphetamine or any salt of
    an optical isomer of methamphetamine or possession of a
    methamphetamine manufacturing material as set forth in
    Section 10 of the Methamphetamine Control and Community
    Protection Act with the intent to manufacture a substance
    containing methamphetamine or salt of an optical isomer of
    methamphetamine, an amount not less than the full street
    value of the methamphetamine or salt of an optical isomer
    of methamphetamine or methamphetamine manufacturing
    materials seized for each conviction to be disbursed as
    follows:
            (A) 12.5% of the street value assessment shall be
        paid into the Youth Drug Abuse Prevention Fund, to be
        used by the Department of Human Services for the
        funding of programs and services for drug-abuse
        treatment, and prevention and education services;
            (B) 37.5% to the county in which the charge was
        prosecuted, to be deposited into the county General
        Fund;
            (C) 50% to the treasurer of the arresting law
        enforcement agency of the municipality or county, or
        to the State Treasurer if the arresting agency was a
        state agency, to be deposited as provided in
        subsection (c) of Section 10-5;
            (D) if the arrest was made in combination with
        multiple law enforcement agencies, the clerk shall
        equitably allocate the portion in subparagraph (C) of
        this paragraph (6) among the law enforcement agencies
        involved in the arrest;
        (8) order of protection violation under Section 12-3.4
    of the Criminal Code of 2012, $200 for each conviction to
    the county treasurer for deposit into the Probation and
    Court Services Fund for implementation of a domestic
    violence surveillance program and any other assessments or
    fees imposed under Section 5-9-1.16 of the Unified Code of
    Corrections;
        (9) order of protection violation, $25 for each
    violation to the State Treasurer, for deposit into the
    Domestic Violence Abuser Services Fund;
        (10) prosecution by the State's Attorney of a:
            (A) petty or business offense, $4 to the county
        treasurer of which $2 deposited into the State's
        Attorney Records Automation Fund and $2 into the
        Public Defender Records Automation Fund;
            (B) conservation or traffic offense, $2 to the
        county treasurer for deposit into the State's Attorney
        Records Automation Fund;
        (11) speeding in a construction zone violation, $250
    to the State Treasurer for deposit into the Transportation
    Safety Highway Hire-back Fund, unless (i) the violation
    occurred on a highway other than an interstate highway and
    (ii) a county police officer wrote the ticket for the
    violation, in which case to the county treasurer for
    deposit into that county's Transportation Safety Highway
    Hire-back Fund;
        (12) supervision disposition on an offense under the
    Illinois Vehicle Code or similar provision of a local
    ordinance, 50 cents, unless waived by the court, into the
    Prisoner Review Board Vehicle and Equipment Fund;
        (13) victim and offender are family or household
    members as defined in Section 103 of the Illinois Domestic
    Violence Act of 1986 and offender pleads guilty or no
    contest to or is convicted of murder, voluntary
    manslaughter, involuntary manslaughter, burglary,
    residential burglary, criminal trespass to residence,
    criminal trespass to vehicle, criminal trespass to land,
    criminal damage to property, telephone harassment,
    kidnapping, aggravated kidnaping, unlawful restraint,
    forcible detention, child abduction, indecent solicitation
    of a child, sexual relations between siblings,
    exploitation of a child, child pornography, assault,
    aggravated assault, battery, aggravated battery, heinous
    battery, aggravated battery of a child, domestic battery,
    reckless conduct, intimidation, criminal sexual assault,
    predatory criminal sexual assault of a child, aggravated
    criminal sexual assault, criminal sexual abuse, aggravated
    criminal sexual abuse, violation of an order of
    protection, disorderly conduct, endangering the life or
    health of a child, child abandonment, contributing to
    dependency or neglect of child, or cruelty to children and
    others, $200 for each sentenced violation to the State
    Treasurer for deposit as follows: (i) for sexual assault,
    as defined in Section 5-9-1.7 of the Unified Code of
    Corrections, when the offender and victim are family
    members, one-half to the Domestic Violence Shelter and
    Service Fund, and one-half to the Sexual Assault Services
    Fund; (ii) for the remaining offenses to the Domestic
    Violence Shelter and Service Fund;
        (14) violation of Section 11-501 of the Illinois
    Vehicle Code, 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, $1,000 maximum to the public agency
    that provided an emergency response related to the
    person's violation, or as provided in subsection (c) of
    Section 10-5 if the arresting agency was a State agency,
    unless more than one agency was responsible for the
    arrest, in which case the amount shall be remitted to each
    unit of government equally;
        (15) violation of Section 401, 407, or 407.2 of the
    Illinois Controlled Substances Act that proximately caused
    any incident resulting in an appropriate drug-related
    emergency response, $1,000 as reimbursement for the
    emergency response to the law enforcement agency that made
    the arrest, or as provided in subsection (c) of Section
    10-5 if the arresting agency was a State agency, unless
    more than one agency was responsible for the arrest, in
    which case the amount shall be remitted to each unit of
    government equally;
        (16) violation of reckless driving, aggravated
    reckless driving, or driving 26 miles per hour or more in
    excess of the speed limit that triggered an emergency
    response, $1,000 maximum reimbursement for the emergency
    response to be distributed in its entirety to a public
    agency that provided an emergency response related to the
    person's violation, or as provided in subsection (c) of
    Section 10-5 if the arresting agency was a State agency,
    unless more than one agency was responsible for the
    arrest, in which case the amount shall be remitted to each
    unit of government equally;
        (17) violation based upon each plea of guilty,
    stipulation of facts, or finding of guilt resulting in a
    judgment of conviction or order of supervision for an
    offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of
    the Criminal Code of 2012 that results in the imposition
    of a fine, to be distributed as follows:
            (A) $50 to the county treasurer for deposit into
        the Circuit Court Clerk Operation and Administrative
        Fund to cover the costs in administering this
        paragraph (17);
            (B) $300 to the State Treasurer who shall deposit
        the portion as follows:
                (i) if the arresting or investigating agency
            is the Illinois State Police, into the State
            Police Law Enforcement Administration Fund;
                (ii) if the arresting or investigating agency
            is the Department of Natural Resources, into the
            Conservation Police Operations Assistance Fund;
                (iii) if the arresting or investigating agency
            is the Secretary of State, into the Secretary of
            State Police Services Fund;
                (iv) if the arresting or investigating agency
            is the Illinois Commerce Commission, into the
            Transportation Regulatory Fund; or
                (v) if more than one of the State agencies in
            this subparagraph (B) is the arresting or
            investigating agency, then equal shares with the
            shares deposited as provided in the applicable
            items (i) through (iv) of this subparagraph (B);
            and
            (C) the remainder for deposit into the Specialized
        Services for Survivors of Human Trafficking Fund;
        (18) weapons violation under Section 24-1.1, 24-1.2,
    or 24-1.5 of the Criminal Code of 1961 or the Criminal Code
    of 2012, $100 for each conviction to the State Treasurer
    for deposit into the Trauma Center Fund; and
        (19) violation of subsection (c) of Section 11-907 of
    the Illinois Vehicle Code, $250 to the State Treasurer for
    deposit into the Scott's Law Fund, unless a county or
    municipal police officer wrote the ticket for the
    violation, in which case to the county treasurer for
    deposit into that county's or municipality's
    Transportation Safety Highway Hire-back Fund to be used as
    provided in subsection (j) of Section 11-907 of the
    Illinois Vehicle Code.
        (20) violation of Section 15-109.1 of the Illinois
    Vehicle Code, $150 to be distributed as follows:
            (A) 50% to the county treasurer for deposit into
        the county general fund; and
            (B) 50% to the treasurer of the arresting law
        enforcement agency of the municipality or county or to
        the State Treasurer, if the arresting agency was a
        State agency, to be deposited as provided in
        subsection (c) of Section 10-5.
    Except for traffic violations, fines and assessments, such
as fees or administrative costs authorized in this Section,
shall not be ordered or imposed on a minor subject to Article
III, IV, or V of the Juvenile Court Act of 1987, or a minor
under the age of 18 transferred to adult court or excluded from
juvenile court jurisdiction under Article V of the Juvenile
Court Act of 1987, or the minor's parent, guardian, or legal
custodian.
(Source: P.A. 102-145, eff. 7-23-21; 102-505, eff. 8-20-21;
102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-379, eff.
7-28-23.)

Effective Date: 1/1/2025