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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0170
Introduced 1/19/2007, by Rep. Ed Sullivan, Jr. SYNOPSIS AS INTRODUCED: |
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705 ILCS 105/27.6 |
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730 ILCS 5/5-9-1.14 new |
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Amends the Clerks of Courts Act and the Unified Code of Corrections. Provides that an additional fine of $500 shall be imposed upon a person convicted of child pornography. Provides that the additional fines shall be distributed to the unit of local government whose law enforcement officers investigated the case that gave rise to the conviction of the defendant for child pornography.
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A BILL FOR
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HB0170 |
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LRB095 04103 RLC 24141 b |
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| AN ACT concerning criminal law.
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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 Clerks of Courts Act is amended by changing |
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| Section 27.6 as follows: |
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| (705 ILCS 105/27.6)
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| Sec. 27.6. (a) All fees, fines, costs, additional |
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| penalties, bail balances
assessed or forfeited, and any other |
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| amount paid by a person to the circuit
clerk equalling an |
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| amount of $55 or more, except the additional fee required
by |
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| subsections (b) and (c), restitution under Section 5-5-6 of the
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| Unified Code of Corrections, reimbursement for the costs of an |
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| emergency
response as provided under Section 11-501 of the |
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| Illinois Vehicle Code,
any fees collected for attending a |
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| traffic safety program under paragraph (c)
of Supreme Court |
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| Rule 529, any fee collected on behalf of a State's Attorney
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| 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 |
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| Section 124A-5 of the Code of
Criminal Procedure of 1963, for |
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| convictions, orders of supervision, or any
other disposition |
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| for a violation of Chapters 3, 4, 6, 11, and 12 of the
Illinois |
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| Vehicle Code, or a similar provision of a local ordinance, and |
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| any
violation of the Child Passenger Protection Act, or a |
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HB0170 |
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LRB095 04103 RLC 24141 b |
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| similar provision of a
local ordinance, and except as provided |
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| in subsection (d) shall be disbursed
within 60 days after |
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| receipt by the circuit
clerk as follows: 44.5% shall be |
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| disbursed to the entity authorized by law to
receive the fine |
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| imposed in the case; 16.825% shall be disbursed to the State
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| Treasurer; and 38.675% shall be disbursed to the county's |
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| general corporate
fund. Of the 16.825% disbursed to the State |
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| Treasurer, 2/17 shall be deposited
by the State Treasurer into |
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| the Violent Crime Victims Assistance Fund, 5.052/17
shall be |
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| deposited into the Traffic and Criminal Conviction Surcharge |
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| Fund,
3/17 shall be deposited into the Drivers Education Fund, |
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| and 6.948/17 shall be
deposited into the Trauma Center Fund. Of |
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| the 6.948/17 deposited into the
Trauma Center Fund from the |
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| 16.825% disbursed to the State Treasurer, 50% shall
be |
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| disbursed to the Department of Public Health and 50% shall be |
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| disbursed to
the Department of Healthcare and Family Services. |
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| For fiscal year 1993, amounts deposited into
the Violent Crime |
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| Victims Assistance Fund, the Traffic and Criminal
Conviction |
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| Surcharge Fund, or the Drivers Education Fund shall not exceed |
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| 110%
of the amounts deposited into those funds in fiscal year |
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| 1991. Any
amount that exceeds the 110% limit shall be |
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| distributed as follows: 50%
shall be disbursed to the county's |
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| general corporate fund and 50% shall be
disbursed to the entity |
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| authorized by law to receive the fine imposed in
the case. Not |
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| later than March 1 of each year the circuit clerk
shall submit |
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| a report of the amount of funds remitted to the State
Treasurer |
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HB0170 |
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LRB095 04103 RLC 24141 b |
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| under this Section during the preceding year based upon
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| independent verification of fines and fees. All counties shall |
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| be subject
to this Section, except that counties with a |
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| population under 2,000,000
may, by ordinance, elect not to be |
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| subject to this Section. For offenses
subject to this Section, |
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| judges shall impose one total sum of money payable
for |
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| violations. The circuit clerk may add on no additional amounts |
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| except
for amounts that are required by Sections 27.3a and |
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| 27.3c of
this Act, unless those amounts are specifically waived |
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| by the judge. With
respect to money collected by the circuit |
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| clerk as a result of
forfeiture of bail, ex parte judgment or |
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| guilty plea pursuant to Supreme
Court Rule 529, the circuit |
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| clerk shall first deduct and pay amounts
required by Sections |
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| 27.3a and 27.3c of this Act. This Section is a denial
and |
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| limitation of home rule powers and functions under subsection |
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| (h) of
Section 6 of Article VII of the Illinois Constitution.
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| (b) In addition to any other fines and court costs assessed |
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| by the courts,
any person convicted or receiving an order of |
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| supervision for driving under
the influence of alcohol or drugs |
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| shall pay an additional fee of $100 to the
clerk of the circuit |
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| court. This amount, less 2 1/2% that shall be used to
defray |
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| administrative costs incurred by the clerk, shall be remitted |
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| by the
clerk to the Treasurer within 60 days after receipt for |
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| deposit into the Trauma
Center Fund. This additional fee of |
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| $100 shall not be considered a part of the
fine for purposes of |
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| any reduction in the fine for time served either before or
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HB0170 |
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LRB095 04103 RLC 24141 b |
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| after sentencing. Not later than March 1 of each year the |
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| Circuit Clerk shall
submit a report of the amount of funds |
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| remitted to the State Treasurer under
this subsection during |
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| the preceding calendar year.
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| (b-1) In addition to any other fines and court costs |
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| assessed by the courts,
any person convicted or receiving an |
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| order of supervision for driving under the
influence of alcohol |
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| or drugs shall pay an additional fee of $5 to the clerk
of the |
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| circuit court. This amount, less
2 1/2% that shall be used to |
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| defray administrative costs incurred by the clerk,
shall be |
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| remitted by the clerk to the Treasurer within 60 days after |
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| receipt
for deposit into the Spinal Cord Injury Paralysis Cure |
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| Research Trust Fund.
This additional fee of $5 shall not
be |
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| considered a part of the fine for purposes of any reduction in |
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| the fine for
time served either before or after sentencing. Not |
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| later than March 1 of each
year the Circuit Clerk shall submit |
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| a report of the amount of funds remitted to
the State Treasurer |
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| under this subsection during the preceding calendar
year.
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| (c) In addition to any other fines and court costs assessed |
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| by the courts,
any person convicted for a violation of Sections |
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| 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or a |
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| person sentenced for a violation of the Cannabis
Control Act, |
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| the Illinois Controlled Substances Act, or the Methamphetamine |
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| Control and Community Protection Act
shall pay an additional |
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| fee of $100 to the clerk
of the circuit court. This amount, |
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| less
2 1/2% that shall be used to defray administrative costs |
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HB0170 |
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LRB095 04103 RLC 24141 b |
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| incurred by the clerk,
shall be remitted by the clerk to the |
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| Treasurer within 60 days after receipt
for deposit into the |
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| Trauma Center Fund. This additional fee of $100 shall not
be |
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| considered a part of the fine for purposes of any reduction in |
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| the fine for
time served either before or after sentencing. Not |
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| later than March 1 of each
year the Circuit Clerk shall submit |
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| a report of the amount of funds remitted to
the State Treasurer |
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| under this subsection during the preceding calendar year.
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| (c-1) In addition to any other fines and court costs |
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| assessed by the
courts, any person sentenced for a violation of |
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| the Cannabis Control Act,
the Illinois Controlled Substances |
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| Act, or the Methamphetamine Control and Community Protection |
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| Act shall pay an additional fee of $5 to the
clerk of the |
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| circuit court. This amount, less 2 1/2% that shall be used to
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| defray administrative costs incurred by the clerk, shall be |
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| remitted by the
clerk to the Treasurer within 60 days after |
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| receipt for deposit into the Spinal
Cord Injury Paralysis Cure |
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| Research Trust Fund. This additional fee of $5
shall not be |
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| considered a part of the fine for purposes of any reduction in |
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| the
fine for time served either before or after sentencing. Not |
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| later than March 1
of each year the Circuit Clerk shall submit |
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| a report of the amount of funds
remitted to the State Treasurer |
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| under this subsection during the preceding
calendar year.
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| (d) The following amounts must be remitted to the State |
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| Treasurer for
deposit into the Illinois Animal Abuse Fund:
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| (1) 50% of the amounts collected for felony offenses |
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HB0170 |
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LRB095 04103 RLC 24141 b |
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| under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, |
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| 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for |
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| 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 |
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| B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, |
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| 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care |
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| for Animals Act and Section 26-5 of the Criminal
Code of |
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| 1961; and
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| (3) 50% of the amounts collected for Class C |
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| misdemeanors under Sections
4.01 and 7.1 of the Humane Care |
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| for Animals Act and Section 26-5 of the
Criminal Code of |
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| 1961.
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| (e) Any person who receives a disposition of court |
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| supervision for a violation of the Illinois Vehicle Code shall, |
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| in addition to any other fines, fees, and court costs, pay an |
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| additional fee of $20, to be disbursed as provided in Section |
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| 16-104c of the Illinois Vehicle Code. In addition to the fee of |
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| $20, the person shall also pay a fee of $5, if not waived by the |
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| court. If this $5 fee is collected, $4.50 of the fee shall be |
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| deposited into the Circuit Court Clerk Operation and |
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| Administrative Fund created by the Clerk of the Circuit Court |
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| and 50 cents of the fee shall be deposited into the Prisoner |
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| Review Board Vehicle and Equipment Fund in the State treasury.
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| (f) This Section does not apply to the additional child |
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| pornography fines assessed and collected under Section |
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| 5-9-1.14 of the Unified Code of Corrections.
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HB0170 |
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LRB095 04103 RLC 24141 b |
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| (Source: P.A. 93-800, eff. 1-1-05; 94-556, eff. 9-11-05; |
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| 94-1009, eff. 1-1-07.)
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| Section 10. The Unified Code of Corrections is amended by |
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| adding Section 5-9-1.14 as follows: |
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| (730 ILCS 5/5-9-1.14 new) |
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| Sec. 5-9-1.14. Additional child pornography fines. In |
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| addition to any other penalty imposed, a fine of $500 shall be |
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| imposed upon a person convicted of child pornography under |
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| Section 11-20.1 of the Criminal Code of 1961. Such additional |
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| fine shall be assessed by the court imposing sentence and shall |
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| be collected by the circuit clerk. Each such additional fine |
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| shall be remitted by the circuit clerk within one month after |
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| receipt to the county treasurer for deposit into a special fund |
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| in the county treasury. The moneys in the special fund, within |
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| 7 days after receipt, shall be distributed to the unit of local |
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| government whose law enforcement officers investigated the |
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| case that gave rise to the conviction of the defendant for |
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| child pornography.
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