Illinois General Assembly - Full Text of Public Act 098-0537
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Public Act 098-0537


 

Public Act 0537 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0537
 
SB1862 EnrolledLRB098 07190 RLC 37251 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Unified Code of Corrections is amended by
changing Sections 5-9-1.1 and 5-9-1.1-5 as follows:
 
    (730 ILCS 5/5-9-1.1)  (from Ch. 38, par. 1005-9-1.1)
    (Text of Section from P.A. 94-550, 96-132, 96-402, 96-1234,
and 97-545)
    Sec. 5-9-1.1. Drug related offenses.
    (a) When a person has been adjudged guilty of a 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, as
amended, or the Illinois Controlled Substances Act, as amended,
in addition to any other penalty imposed, a fine shall be
levied by the court at not less than the full street value of
the cannabis or controlled substances seized.
    "Street value" shall be determined by the court on the
basis of testimony of law enforcement personnel and the
defendant as to the amount seized and such testimony as may be
required by the court as to the current street value of the
cannabis or controlled substance seized.
    (b) In addition to any penalty imposed under subsection (a)
of this Section, a fine of $100 shall be levied by the court,
the proceeds of which shall be collected by the Circuit Clerk
and remitted to the State Treasurer under Section 27.6 of the
Clerks of Courts Act for deposit into the Trauma Center Fund
for distribution as provided under Section 3.225 of the
Emergency Medical Services (EMS) Systems Act.
    (c) In addition to any penalty imposed under subsection (a)
of this Section, a fee of $5 shall be assessed by the court,
the proceeds of which shall be collected by the Circuit Clerk
and remitted to the State Treasurer under Section 27.6 of the
Clerks of Courts Act 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.
    (d) In addition to any penalty imposed under subsection (a)
of this Section 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, a fee of $50 shall be
assessed by the court, the proceeds of which shall be collected
by the Circuit Clerk and remitted to the State Treasurer under
Section 27.6 of the Clerks of Courts Act for deposit into the
Performance-enhancing Substance Testing Fund. This additional
fee of $50 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. The provisions of this subsection
(d), other than this sentence, are inoperative after June 30,
2011.
    (e) In addition to any penalty imposed under subsection (a)
of this Section, a $25 assessment shall be assessed by the
court, the proceeds of which shall be collected by the Circuit
Clerk and remitted to the State Treasurer for deposit into the
Criminal Justice Information Projects Fund Drug Traffic
Prevention Fund. The moneys deposited into the Criminal Justice
Information Projects Fund under Drug Traffic Prevention Fund
pursuant to this Section shall be appropriated to and
administered by the Illinois Criminal Justice Information
Authority Department of State Police for funding of drug task
forces and Metropolitan Enforcement Groups in accordance with
the Intergovernmental Drug Laws Enforcement Act.
    (f) In addition to any penalty imposed under subsection (a)
of this Section, a $20 assessment shall be assessed by the
court, the proceeds of which shall be collected by the Circuit
Clerk. Of the collected proceeds, (i) 90% shall be remitted to
the State Treasurer for deposit into the Prescription Pill and
Drug Disposal Fund; (ii) 5% shall be remitted for deposit into
the Criminal Justice Information Projects Fund, for use by the
Illinois Criminal Justice Information Authority for the costs
associated with making grants from the Prescription Pill and
Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%
for deposit into the Circuit Court Clerk Operation and
Administrative Fund for the costs associated with
administering this subsection.
(Source: P.A. 96-132, eff. 8-7-09; 96-402, eff. 1-1-10;
96-1234, eff. 7-23-10; 97-545, eff. 1-1-12; revised 9-14-11.)
 
    (Text of Section from P.A. 94-556, 96-132, 96-402, 96-1234,
and 97-545)
    Sec. 5-9-1.1. Drug related offenses.
    (a) When a person has been adjudged guilty of 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, in addition to any other penalty imposed, a fine shall be
levied by the court at not less than the full street value of
the cannabis or controlled substances seized.
    "Street value" shall be determined by the court on the
basis of testimony of law enforcement personnel and the
defendant as to the amount seized and such testimony as may be
required by the court as to the current street value of the
cannabis or controlled substance seized.
    (b) In addition to any penalty imposed under subsection (a)
of this Section, a fine of $100 shall be levied by the court,
the proceeds of which shall be collected by the Circuit Clerk
and remitted to the State Treasurer under Section 27.6 of the
Clerks of Courts Act for deposit into the Trauma Center Fund
for distribution as provided under Section 3.225 of the
Emergency Medical Services (EMS) Systems Act.
    (c) In addition to any penalty imposed under subsection (a)
of this Section, a fee of $5 shall be assessed by the court,
the proceeds of which shall be collected by the Circuit Clerk
and remitted to the State Treasurer under Section 27.6 of the
Clerks of Courts Act 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.
    (d) In addition to any penalty imposed under subsection (a)
of this Section 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, a fee of $50 shall be
assessed by the court, the proceeds of which shall be collected
by the Circuit Clerk and remitted to the State Treasurer under
Section 27.6 of the Clerks of Courts Act for deposit into the
Performance-enhancing Substance Testing Fund. This additional
fee of $50 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. The provisions of this subsection
(d), other than this sentence, are inoperative after June 30,
2011.
    (e) In addition to any penalty imposed under subsection (a)
of this Section, a $25 assessment shall be assessed by the
court, the proceeds of which shall be collected by the Circuit
Clerk and remitted to the State Treasurer for deposit into the
Criminal Justice Information Projects Fund Drug Traffic
Prevention Fund. The moneys deposited into the Criminal Justice
Information Projects Fund under Drug Traffic Prevention Fund
pursuant to this Section shall be appropriated to and
administered by the Illinois Criminal Justice Information
Authority Department of State Police for funding of drug task
forces and Metropolitan Enforcement Groups in accordance with
the Intergovernmental Drug Laws Enforcement Act.
    (f) In addition to any penalty imposed under subsection (a)
of this Section, a $20 assessment shall be assessed by the
court, the proceeds of which shall be collected by the Circuit
Clerk. Of the collected proceeds, (i) 90% shall be remitted to
the State Treasurer for deposit into the Prescription Pill and
Drug Disposal Fund; (ii) 5% shall be remitted for deposit into
the Criminal Justice Information Projects Fund, for use by the
Illinois Criminal Justice Information Authority for the costs
associated with making grants from the Prescription Pill and
Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%
for deposit into the Circuit Court Clerk Operation and
Administrative Fund for the costs associated with
administering this subsection.
(Source: P.A. 96-132, eff. 8-7-09; 96-402, eff. 1-1-10;
96-1234, eff. 7-23-10; 97-545, eff. 1-1-12; revised 9-14-11.)
 
    (730 ILCS 5/5-9-1.1-5)
    Sec. 5-9-1.1-5. Methamphetamine related offenses.
    (a) When a person has been adjudged guilty of a
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, in addition to
any other penalty imposed, a fine shall be levied by the court
at not less than the full street value of the methamphetamine
or salt of an optical isomer of methamphetamine or
methamphetamine manufacturing materials seized.
    "Street value" shall be determined by the court on the
basis of testimony of law enforcement personnel and the
defendant as to the amount seized and such testimony as may be
required by the court as to the current street value of the
methamphetamine or salt of an optical isomer of methamphetamine
or methamphetamine manufacturing materials seized.
    (b) In addition to any penalty imposed under subsection (a)
of this Section, a fine of $100 shall be levied by the court,
the proceeds of which shall be collected by the Circuit Clerk
and remitted to the State Treasurer under Section 27.6 of the
Clerks of Courts Act for deposit into the Methamphetamine Law
Enforcement Fund and allocated as provided in subsection (d) of
Section 5-9-1.2.
    (c) In addition to any penalty imposed under subsection (a)
of this Section, a $25 assessment shall be assessed by the
court, the proceeds of which shall be collected by the Circuit
Clerk and remitted to the State Treasurer for deposit into the
Criminal Justice Information Projects Fund Drug Traffic
Prevention Fund. The moneys deposited into the Criminal Justice
Information Projects Fund under Drug Traffic Prevention Fund
pursuant to this Section shall be appropriated to and
administered by the Illinois Criminal Justice Information
Authority Department of State Police for funding of drug task
forces and Metropolitan Enforcement Groups in accordance with
the Intergovernmental Drug Laws Enforcement Act.
    (d) In addition to any penalty imposed under subsection (a)
of this Section, a $20 assessment shall be assessed by the
court, the proceeds of which shall be collected by the Circuit
Clerk. Of the collected proceeds, (i) 90% shall be remitted to
the State Treasurer for deposit into the Prescription Pill and
Drug Disposal Fund; (ii) 5% shall be remitted for deposit into
the Criminal Justice Information Projects Fund, for use by the
Illinois Criminal Justice Information Authority for the costs
associated with making grants from the Prescription Pill and
Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%
for deposit into the Circuit Court Clerk Operation and
Administrative Fund for the costs associated with
administering this subsection.
(Source: P.A. 96-200, eff. 8-10-09; 96-402, eff. 1-1-10;
96-1000, eff. 7-2-10; 96-1234, eff. 7-23-10; 97-545, eff.
1-1-12.)
 
    Section 99. Effective date. This Act takes effect July 1,
2013.

Effective Date: 8/23/2013