94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4521

 

Introduced 1/11/2006, by Rep. Jim Sacia - Rich Brauer

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/8h
625 ILCS 5/16-104c new
705 ILCS 105/27.5   from Ch. 25, par. 27.5
730 ILCS 5/5-6-1   from Ch. 38, par. 1005-6-1

    Amends the State Finance Act. Provides that, through fiscal year 2007, no amount may be transferred from the State Police Vehicle Fund to the General Revenue Fund. Amends the Illinois Vehicle Code, the Clerks of Courts Act, and the Unified Code of Corrections. Provides that any person who receives a disposition of court supervision for a violation of the Illinois Vehicle Code must pay an additional fee of $10, to be deposited into the State Police Vehicle Fund.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4521 LRB094 17027 DRH 52309 b

1     AN ACT concerning transportation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The State Finance Act is amended by changing
5 Section 8h as follows:
 
6     (30 ILCS 105/8h)
7     Sec. 8h. Transfers to General Revenue Fund.
8     (a) Except as provided in subsection (b), notwithstanding
9 any other State law to the contrary, the Governor may, through
10 June 30, 2007, from time to time direct the State Treasurer and
11 Comptroller to transfer a specified sum from any fund held by
12 the State Treasurer to the General Revenue Fund in order to
13 help defray the State's operating costs for the fiscal year.
14 The total transfer under this Section from any fund in any
15 fiscal year shall not exceed the lesser of (i) 8% of the
16 revenues to be deposited into the fund during that fiscal year
17 or (ii) an amount that leaves a remaining fund balance of 25%
18 of the July 1 fund balance of that fiscal year. In fiscal year
19 2005 only, prior to calculating the July 1, 2004 final
20 balances, the Governor may calculate and direct the State
21 Treasurer with the Comptroller to transfer additional amounts
22 determined by applying the formula authorized in Public Act
23 93-839 to the funds balances on July 1, 2003. No transfer may
24 be made from a fund under this Section that would have the
25 effect of reducing the available balance in the fund to an
26 amount less than the amount remaining unexpended and unreserved
27 from the total appropriation from that fund estimated to be
28 expended for that fiscal year. This Section does not apply to
29 any funds that are restricted by federal law to a specific use,
30 to any funds in the Motor Fuel Tax Fund, the Intercity
31 Passenger Rail Fund, the Hospital Provider Fund, the Medicaid
32 Provider Relief Fund, the Teacher Health Insurance Security

 

 

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1 Fund, the Reviewing Court Alternative Dispute Resolution Fund,
2 or the Voters' Guide Fund, the Foreign Language Interpreter
3 Fund, the Lawyers' Assistance Program Fund, the Supreme Court
4 Federal Projects Fund, the Supreme Court Special State Projects
5 Fund, or the Low-Level Radioactive Waste Facility Development
6 and Operation Fund, or the Hospital Basic Services Preservation
7 Fund, or to any funds to which subsection (f) of Section 20-40
8 of the Nursing and Advanced Practice Nursing Act applies. No
9 transfers may be made under this Section from the Pet
10 Population Control Fund. Notwithstanding any other provision
11 of this Section, for fiscal year 2004, the total transfer under
12 this Section from the Road Fund or the State Construction
13 Account Fund shall not exceed the lesser of (i) 5% of the
14 revenues to be deposited into the fund during that fiscal year
15 or (ii) 25% of the beginning balance in the fund. For fiscal
16 year 2005 through fiscal year 2007, no amounts may be
17 transferred under this Section from the Road Fund, the State
18 Construction Account Fund, the Criminal Justice Information
19 Systems Trust Fund, the Wireless Service Emergency Fund, or the
20 Mandatory Arbitration Fund. Through fiscal year 2007, no
21 amounts may be transferred under this Section from the State
22 Police Vehicle Fund.
23     In determining the available balance in a fund, the
24 Governor may include receipts, transfers into the fund, and
25 other resources anticipated to be available in the fund in that
26 fiscal year.
27     The State Treasurer and Comptroller shall transfer the
28 amounts designated under this Section as soon as may be
29 practicable after receiving the direction to transfer from the
30 Governor.
31     (b) This Section does not apply to: (i) the Ticket For The
32 Cure Fund; (ii) or to any fund established under the Community
33 Senior Services and Resources Act; or (iii) (ii) on or after
34 January 1, 2006 (the effective date of Public Act 94-511) this
35 amendatory Act of the 94th General Assembly, the Child Labor
36 and Day and Temporary Labor Enforcement Fund.

 

 

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1     (c) This Section does not apply to the Demutualization
2 Trust Fund established under the Uniform Disposition of
3 Unclaimed Property Act.
4 (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674,
5 eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04;
6 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff.
7 1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff.
8 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645,
9 eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05;
10 94-691, eff. 11-2-05; revised 11-15-05.)
 
11     Section 10. The Illinois Vehicle Code is amended by adding
12 Section 16-104c as follows:
 
13     (625 ILCS 5/16-104c new)
14     Sec. 16-104c. Sec. 16-104c. Court supervision fee; State
15 Police Vehicle Fund. Any person who receives a disposition of
16 court supervision for a violation of any provision of this Code
17 shall pay an additional fee of $10, to be deposited into the
18 State Police Vehicle Fund.
 
19     Section 15. The Clerks of Courts Act is amended by changing
20 Section 27.5 as follows:
 
21     (705 ILCS 105/27.5)  (from Ch. 25, par. 27.5)
22     Sec. 27.5. (a) All fees, fines, costs, additional
23 penalties, bail balances assessed or forfeited, and any other
24 amount paid by a person to the circuit clerk that equals an
25 amount less than $55, except restitution under Section 5-5-6 of
26 the Unified Code of Corrections, reimbursement for the costs of
27 an emergency response as provided under Section 11-501 of the
28 Illinois Vehicle Code, the court supervision fee collected
29 under Section 16-104c of the Illinois Vehicle Code, any fees
30 collected for attending a traffic safety program under
31 paragraph (c) of Supreme Court Rule 529, any fee collected on
32 behalf of a State's Attorney under Section 4-2002 of the

 

 

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1 Counties Code or a sheriff under Section 4-5001 of the Counties
2 Code, or any cost imposed under Section 124A-5 of the Code of
3 Criminal Procedure of 1963, for convictions, orders of
4 supervision, or any other disposition for a violation of
5 Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
6 similar provision of a local ordinance, and any violation of
7 the Child Passenger Protection Act, or a similar provision of a
8 local ordinance, and except as provided in subsection (b) shall
9 be disbursed within 60 days after receipt by the circuit clerk
10 as follows: 47% shall be disbursed to the entity authorized by
11 law to receive the fine imposed in the case; 12% shall be
12 disbursed to the State Treasurer; and 41% shall be disbursed to
13 the county's general corporate fund. Of the 12% disbursed to
14 the State Treasurer, 1/6 shall be deposited by the State
15 Treasurer into the Violent Crime Victims Assistance Fund, 1/2
16 shall be deposited into the Traffic and Criminal Conviction
17 Surcharge Fund, and 1/3 shall be deposited into the Drivers
18 Education Fund. For fiscal years 1992 and 1993, amounts
19 deposited into the Violent Crime Victims Assistance Fund, the
20 Traffic and Criminal Conviction Surcharge Fund, or the Drivers
21 Education Fund shall not exceed 110% of the amounts deposited
22 into those funds in fiscal year 1991. Any amount that exceeds
23 the 110% limit shall be distributed as follows: 50% shall be
24 disbursed to the county's general corporate fund and 50% shall
25 be disbursed to the entity authorized by law to receive the
26 fine imposed in the case. Not later than March 1 of each year
27 the circuit clerk shall submit a report of the amount of funds
28 remitted to the State Treasurer under this Section during the
29 preceding year based upon independent verification of fines and
30 fees. All counties shall be subject to this Section, except
31 that counties with a population under 2,000,000 may, by
32 ordinance, elect not to be subject to this Section. For
33 offenses subject to this Section, judges shall impose one total
34 sum of money payable for violations. The circuit clerk may add
35 on no additional amounts except for amounts that are required
36 by Sections 27.3a and 27.3c of this Act, unless those amounts

 

 

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1 are specifically waived by the judge. With respect to money
2 collected by the circuit clerk as a result of forfeiture of
3 bail, ex parte judgment or guilty plea pursuant to Supreme
4 Court Rule 529, the circuit clerk shall first deduct and pay
5 amounts required by Sections 27.3a and 27.3c of this Act. This
6 Section is a denial and limitation of home rule powers and
7 functions under subsection (h) of Section 6 of Article VII of
8 the Illinois Constitution.
9     (b) The following amounts must be remitted to the State
10 Treasurer for deposit into the Illinois Animal Abuse Fund:
11         (1) 50% of the amounts collected for felony offenses
12     under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
13     5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
14     Animals Act and Section 26-5 of the Criminal Code of 1961;
15         (2) 20% of the amounts collected for Class A and Class
16     B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
17     5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
18     for Animals Act and Section 26-5 of the Criminal Code of
19     1961; and
20         (3) 50% of the amounts collected for Class C
21     misdemeanors under Sections 4.01 and 7.1 of the Humane Care
22     for Animals Act and Section 26-5 of the Criminal Code of
23     1961.
24 (Source: P.A. 92-454, eff. 1-1-02; 92-650, eff. 7-11-02;
25 93-800, eff. 1-1-05.)
 
26     Section 20. The Unified Code of Corrections is amended by
27 changing Section 5-6-1 as follows:
 
28     (730 ILCS 5/5-6-1)  (from Ch. 38, par. 1005-6-1)
29     Sec. 5-6-1. Sentences of Probation and of Conditional
30 Discharge and Disposition of Supervision. The General Assembly
31 finds that in order to protect the public, the criminal justice
32 system must compel compliance with the conditions of probation
33 by responding to violations with swift, certain and fair
34 punishments and intermediate sanctions. The Chief Judge of each

 

 

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1 circuit shall adopt a system of structured, intermediate
2 sanctions for violations of the terms and conditions of a
3 sentence of probation, conditional discharge or disposition of
4 supervision.
5     (a) Except where specifically prohibited by other
6 provisions of this Code, the court shall impose a sentence of
7 probation or conditional discharge upon an offender unless,
8 having regard to the nature and circumstance of the offense,
9 and to the history, character and condition of the offender,
10 the court is of the opinion that:
11         (1) his imprisonment or periodic imprisonment is
12     necessary for the protection of the public; or
13         (2) probation or conditional discharge would deprecate
14     the seriousness of the offender's conduct and would be
15     inconsistent with the ends of justice; or
16         (3) a combination of imprisonment with concurrent or
17     consecutive probation when an offender has been admitted
18     into a drug court program under Section 20 of the Drug
19     Court Treatment Act is necessary for the protection of the
20     public and for the rehabilitation of the offender.
21     The court shall impose as a condition of a sentence of
22 probation, conditional discharge, or supervision, that the
23 probation agency may invoke any sanction from the list of
24 intermediate sanctions adopted by the chief judge of the
25 circuit court for violations of the terms and conditions of the
26 sentence of probation, conditional discharge, or supervision,
27 subject to the provisions of Section 5-6-4 of this Act.
28     (b) The court may impose a sentence of conditional
29 discharge for an offense if the court is of the opinion that
30 neither a sentence of imprisonment nor of periodic imprisonment
31 nor of probation supervision is appropriate.
32     (b-1) Subsections (a) and (b) of this Section do not apply
33 to a defendant charged with a misdemeanor or felony under the
34 Illinois Vehicle Code or reckless homicide under Section 9-3 of
35 the Criminal Code of 1961 if the defendant within the past 12
36 months has been convicted of or pleaded guilty to a misdemeanor

 

 

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1 or felony under the Illinois Vehicle Code or reckless homicide
2 under Section 9-3 of the Criminal Code of 1961.
3     (c) The court may, upon a plea of guilty or a stipulation
4 by the defendant of the facts supporting the charge or a
5 finding of guilt, defer further proceedings and the imposition
6 of a sentence, and enter an order for supervision of the
7 defendant, if the defendant is not charged with: (i) a Class A
8 misdemeanor, as defined by the following provisions of the
9 Criminal Code of 1961: Sections 11-9.1; 12-3.2; 12-15; 26-5;
10 31-1; 31-6; 31-7; subsections (b) and (c) of Section 21-1;
11 paragraph (1) through (5), (8), (10), and (11) of subsection
12 (a) of Section 24-1; (ii) a Class A misdemeanor violation of
13 Section 3.01, 3.03-1, or 4.01 of the Humane Care for Animals
14 Act; or (iii) felony. If the defendant is not barred from
15 receiving an order for supervision as provided in this
16 subsection, the court may enter an order for supervision after
17 considering the circumstances of the offense, and the history,
18 character and condition of the offender, if the court is of the
19 opinion that:
20         (1) the offender is not likely to commit further
21     crimes;
22         (2) the defendant and the public would be best served
23     if the defendant were not to receive a criminal record; and
24         (3) in the best interests of justice an order of
25     supervision is more appropriate than a sentence otherwise
26     permitted under this Code.
27     (d) The provisions of paragraph (c) shall not apply to a
28 defendant charged with violating Section 11-501 of the Illinois
29 Vehicle Code or a similar provision of a local ordinance when
30 the defendant has previously been:
31         (1) convicted for a violation of Section 11-501 of the
32     Illinois Vehicle Code or a similar provision of a local
33     ordinance or any similar law or ordinance of another state;
34     or
35         (2) assigned supervision for a violation of Section
36     11-501 of the Illinois Vehicle Code or a similar provision

 

 

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1     of a local ordinance or any similar law or ordinance of
2     another state; or
3         (3) pleaded guilty to or stipulated to the facts
4     supporting a charge or a finding of guilty to a violation
5     of Section 11-503 of the Illinois Vehicle Code or a similar
6     provision of a local ordinance or any similar law or
7     ordinance of another state, and the plea or stipulation was
8     the result of a plea agreement.
9     The court shall consider the statement of the prosecuting
10 authority with regard to the standards set forth in this
11 Section.
12     (e) The provisions of paragraph (c) shall not apply to a
13 defendant charged with violating Section 16A-3 of the Criminal
14 Code of 1961 if said defendant has within the last 5 years
15 been:
16         (1) convicted for a violation of Section 16A-3 of the
17     Criminal Code of 1961; or
18         (2) assigned supervision for a violation of Section
19     16A-3 of the Criminal Code of 1961.
20     The court shall consider the statement of the prosecuting
21 authority with regard to the standards set forth in this
22 Section.
23     (f) The provisions of paragraph (c) shall not apply to a
24 defendant charged with violating Sections 15-111, 15-112,
25 15-301, paragraph (b) of Section 6-104, Section 11-605, or
26 Section 11-1414 of the Illinois Vehicle Code or a similar
27 provision of a local ordinance.
28     (g) Except as otherwise provided in paragraph (i) of this
29 Section, the provisions of paragraph (c) shall not apply to a
30 defendant charged with violating Section 3-707, 3-708, 3-710,
31 or 5-401.3 of the Illinois Vehicle Code or a similar provision
32 of a local ordinance if the defendant has within the last 5
33 years been:
34         (1) convicted for a violation of Section 3-707, 3-708,
35     3-710, or 5-401.3 of the Illinois Vehicle Code or a similar
36     provision of a local ordinance; or

 

 

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1         (2) assigned supervision for a violation of Section
2     3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
3     Code or a similar provision of a local ordinance.
4     The court shall consider the statement of the prosecuting
5 authority with regard to the standards set forth in this
6 Section.
7     (h) The provisions of paragraph (c) shall not apply to a
8 defendant under the age of 21 years charged with violating a
9 serious traffic offense as defined in Section 1-187.001 of the
10 Illinois Vehicle Code:
11         (1) unless the defendant, upon payment of the fines,
12     penalties, and costs provided by law, agrees to attend and
13     successfully complete a traffic safety program approved by
14     the court under standards set by the Conference of Chief
15     Circuit Judges. The accused shall be responsible for
16     payment of any traffic safety program fees. If the accused
17     fails to file a certificate of successful completion on or
18     before the termination date of the supervision order, the
19     supervision shall be summarily revoked and conviction
20     entered. The provisions of Supreme Court Rule 402 relating
21     to pleas of guilty do not apply in cases when a defendant
22     enters a guilty plea under this provision; or
23         (2) if the defendant has previously been sentenced
24     under the provisions of paragraph (c) on or after January
25     1, 1998 for any serious traffic offense as defined in
26     Section 1-187.001 of the Illinois Vehicle Code.
27     (i) The provisions of paragraph (c) shall not apply to a
28 defendant charged with violating Section 3-707 of the Illinois
29 Vehicle Code or a similar provision of a local ordinance if the
30 defendant has been assigned supervision for a violation of
31 Section 3-707 of the Illinois Vehicle Code or a similar
32 provision of a local ordinance.
33     (j) The provisions of paragraph (c) shall not apply to a
34 defendant charged with violating Section 6-303 of the Illinois
35 Vehicle Code or a similar provision of a local ordinance when
36 the revocation or suspension was for a violation of Section

 

 

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1 11-501 or a similar provision of a local ordinance, a violation
2 of Section 11-501.1 or paragraph (b) of Section 11-401 of the
3 Illinois Vehicle Code, or a violation of Section 9-3 of the
4 Criminal Code of 1961 if the defendant has within the last 10
5 years been:
6         (1) convicted for a violation of Section 6-303 of the
7     Illinois Vehicle Code or a similar provision of a local
8     ordinance; or
9         (2) assigned supervision for a violation of Section
10     6-303 of the Illinois Vehicle Code or a similar provision
11     of a local ordinance.
12     (k) The provisions of paragraph (c) shall not apply to a
13 defendant charged with violating any provision of the Illinois
14 Vehicle Code or a similar provision of a local ordinance that
15 governs the movement of vehicles if, within the 12 months
16 preceding the date of the defendant's arrest, the defendant has
17 been assigned court supervision on 2 occasions for a violation
18 that governs the movement of vehicles under the Illinois
19 Vehicle Code or a similar provision of a local ordinance.
20     (l) A defendant charged with violating any provision of the
21 Illinois Vehicle Code who receives a disposition of supervision
22 under subsection (c) shall pay an additional fee of $10, to be
23 deposited into the State Police Vehicle Fund, as provided in
24 Section 16-104c of the Illinois Vehicle Code.
25 (Source: P.A. 93-388, eff. 7-25-03; 93-1014, eff. 1-1-05;
26 94-169, eff. 1-1-06; 94-330, eff. 1-1-06; 94-375, eff. 1-1-06;
27 revised 8-19-05.)