Public Act 094-0987
 
SB3076 Enrolled LRB094 18936 HLH 54384 b

    AN ACT concerning law enforcement.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the Law
Enforcement Camera Grant Act.
 
    Section 5. Definitions.     As used in this Act:
    "Board" means the Illinois Law Enforcement Training
Standards Board created by the Illinois Police Training Act.
    "Law enforcement officer" or "officer" means any person
employed by a county, municipality or township as a policeman,
peace officer or in some like position involving the
enforcement of the law and protection of the public interest at
the risk of that person's life.
 
    Section 10. Law Enforcement Camera Grant Fund; creation,
rules.
    (a) The Law Enforcement Camera Grant Fund is created as a
special fund in the State treasury. From appropriations to the
Board from the Fund, the Board must make grants to units of
local government in Illinois for the purpose of installing
video cameras in law enforcement vehicles and training law
enforcement officers in the operation of the cameras.
    Moneys received for the purposes of this Section,
including, without limitation, fee receipts and gifts, grants,
and awards from any public or private entity, must be deposited
into the Fund. Any interest earned on moneys in the Fund must
be deposited into the Fund.
    (b) The Board may set requirements for the distribution of
grant moneys and determine which law enforcement agencies are
eligible.
    (c) The Board shall develop model rules to be adopted by
law enforcement agencies that receive grants under this
Section. The rules shall include the following requirements:
        (1) Cameras must be installed in the law enforcement
    vehicles.
        (2) Videotaping must provide audio of the officer when
    the officer is outside of the vehicle.
        (3) Camera access must be restricted to the supervisors
    of the officer in the vehicle.
        (4) Cameras must be turned on continuously throughout
    the officer's shift.
        (5) A copy of the videotape must be made available upon
    request to personnel of the law enforcement agency, the
    local State's Attorney, and any persons depicted in the
    video. Procedures for distribution of the videotape must
    include safeguards to protect the identities of
    individuals who are not a party to the requested stop.
        (6) Law enforcement agencies that receive moneys under
    this grant shall provide for storage of the tapes for a
    period of not less than 2 years.
    (d) Any law enforcement agency receiving moneys under this
Section must provide an annual report to the Board, the
Governor, and the General Assembly, which will be due on May 1
of the year following the receipt of the grant and each May 1
thereafter during the period of the grant. The report shall
include (i) the number of cameras received by the law
enforcement agency, (ii) the number of cameras actually
installed in law enforcement vehicles, (iii) a brief
description of the review process used by supervisors within
the law enforcement agency, (iv) a list of any criminal,
traffic, ordinance, and civil cases where video recordings were
used, including party names, case numbers, offenses charged,
and disposition of the matter, (this item applies, but is not
limited to, court proceedings, coroner's inquests, grand jury
proceedings, and plea bargains), and (v) any other information
relevant to the administration of the program.
    (e) No applications for grant money under this Section
shall be accepted before January 1, 2007 or after January 1,
2011.
 
    Section 40. The State Finance Act is amended by adding
Section 5.663 as follows:
 
    (30 ILCS 105/5.663 new)
    Sec. 5.663. Law Enforcement Camera Grant Fund.
 
    Section 60. The Unified Code of Corrections is amended by
changing Section 5-9-1 as follows:
 
    (730 ILCS 5/5-9-1)  (from Ch. 38, par. 1005-9-1)
    Sec. 5-9-1. Authorized fines.
    (a) An offender may be sentenced to pay a fine which shall
not exceed for each offense:
        (1) for a felony, $25,000 or the amount specified in
    the offense, whichever is greater, or where the offender is
    a corporation, $50,000 or the amount specified in the
    offense, whichever is greater;
        (2) for a Class A misdemeanor, $2,500 or the amount
    specified in the offense, whichever is greater;
        (3) for a Class B or Class C misdemeanor, $1,500;
        (4) for a petty offense, $1,000 or the amount specified
    in the offense, whichever is less;
        (5) for a business offense, the amount specified in the
    statute defining that offense.
    (b) A fine may be imposed in addition to a sentence of
conditional discharge, probation, periodic imprisonment, or
imprisonment.
    (c) There shall be added to every fine imposed in
sentencing for a criminal or traffic offense, except an offense
relating to parking or registration, or offense by a
pedestrian, an additional penalty of $10 $9 for each $40, or
fraction thereof, of fine imposed. The additional penalty of
$10 $9 for each $40, or fraction thereof, of fine imposed, if
not otherwise assessed, shall also be added to every fine
imposed upon a plea of guilty, stipulation of facts or findings
of guilty, resulting in a judgment of conviction, or order of
supervision in criminal, traffic, local ordinance, county
ordinance, and conservation cases (except parking,
registration, or pedestrian violations), or upon a sentence of
probation without entry of judgment under Section 10 of the
Cannabis Control Act, Section 410 of the Illinois Controlled
Substances Act, or Section 70 of the Methamphetamine Control
and Community Protection Act.
    Such additional amounts shall be assessed by the court
imposing the fine and shall be collected by the Circuit Clerk
in addition to the fine and costs in the case. Each such
additional penalty shall be remitted by the Circuit Clerk
within one month after receipt to the State Treasurer. The
State Treasurer shall deposit $1 for each $40, or fraction
thereof, of fine imposed into the LEADS Maintenance Fund. The
State Treasurer shall deposit $1 for each $40, or fraction
thereof, of fine imposed into the Law Enforcement Camera Grant
Fund. The remaining surcharge amount shall be deposited into
the Traffic and Criminal Conviction Surcharge Fund, unless the
fine, costs or additional amounts are subject to disbursement
by the circuit clerk under Section 27.5 of the Clerks of Courts
Act. Such additional penalty 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 (c) during the preceding calendar year. Except as
otherwise provided by Supreme Court Rules, if a court in
imposing a fine against an offender levies a gross amount for
fine, costs, fees and penalties, the amount of the additional
penalty provided for herein shall be computed on the amount
remaining after deducting from the gross amount levied all fees
of the Circuit Clerk, the State's Attorney and the Sheriff.
After deducting from the gross amount levied the fees and
additional penalty provided for herein, less any other
additional penalties provided by law, the clerk shall remit the
net balance remaining to the entity authorized by law to
receive the fine imposed in the case. For purposes of this
Section "fees of the Circuit Clerk" shall include, if
applicable, the fee provided for under Section 27.3a of the
Clerks of Courts Act and the fee, if applicable, payable to the
county in which the violation occurred pursuant to Section
5-1101 of the Counties Code.
    (c-5) In addition to the fines imposed by subsection (c),
any person convicted or receiving an order of supervision for
driving under the influence of alcohol or drugs shall pay an
additional $100 fee to the clerk. This additional fee, 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 (c-5) during the preceding calendar year.
    The Circuit Clerk may accept payment of fines and costs by
credit card from an offender who has been convicted of a
traffic offense, petty offense or misdemeanor and may charge
the service fee permitted where fines and costs are paid by
credit card provided for in Section 27.3b of the Clerks of
Courts Act.
    (c-7) In addition to the fines imposed by subsection (c),
any person convicted or receiving an order of supervision for
driving under the influence of alcohol or drugs shall pay an
additional $5 fee to the clerk. This additional fee, 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 (c-7)
during the preceding calendar year.
    (c-9) (Blank). , , or Section 70 of the Methamphetamine
Control and Community Protection Act
    (d) In determining the amount and method of payment of a
fine, except for those fines established for violations of
Chapter 15 of the Illinois Vehicle Code, the court shall
consider:
        (1) the financial resources and future ability of the
    offender to pay the fine; and
        (2) whether the fine will prevent the offender from
    making court ordered restitution or reparation to the
    victim of the offense; and
        (3) in a case where the accused is a dissolved
    corporation and the court has appointed counsel to
    represent the corporation, the costs incurred either by the
    county or the State for such representation.
    (e) The court may order the fine to be paid forthwith or
within a specified period of time or in installments.
    (f) All fines, costs and additional amounts imposed under
this Section for any violation of Chapters 3, 4, 6, and 11 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, shall be
collected and disbursed by the circuit clerk as provided under
Section 27.5 of the Clerks of Courts Act.
(Source: P.A. 93-32, eff. 6-20-03; 94-556, eff. 9-11-05;
94-652, eff. 8-22-05; revised 8-29-05.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.