HB2430 102ND GENERAL ASSEMBLY

LRB102 12718 LNS 18057 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2430

Introduced 2/19/2021, by Rep. LaToya Greenwood

SYNOPSIS AS INTRODUCED:

705 ILCS 135/10-5
705 ILCS 135/15-5
705 ILCS 135/15-10
705 ILCS 135/15-15
705 ILCS 135/15-20
705 ILCS 135/15-25
705 ILCS 135/15-30
705 ILCS 135/15-35
705 ILCS 135/15-40
705 ILCS 135/15-45
705 ILCS 135/15-65
705 ILCS 135/15-70

Amends the Criminal and Traffic Assessment Act. Provides that in each county in which Court Appointed Special Advocates provide services, a Court Appointed Special Advocates Fund is specifically for the operations of the Court Appointed Special Advocates, from which the county board shall make grants to support the activities and services of the Court Appointed Special Advocates within that county. Provides that $10 shall be deposited from the county's portion into the Court Appointed Special Advocates Fund under the following fee schedules: generic felony offenses; felony DUI offenses; felony drug offenses; felony sex offenses; generic misdemeanor offenses; misdemeanor DUI offenses; misdemeanor drug offenses; misdemeanor sex offenses; major traffic offenses; and non-traffic violations. Provides that the conditional assessment amount for a drug-related offense involving possession or delivery of cannabis or possession or delivery of a controlled substance shall be disbursed with 50% going 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 into the State Police Law Enforcement Administration Fund, the Conservation Police Operations Assistance Fund, the Secretary of State Police Services Fund, or the Transportation Regulatory Fund, depending on which State agency made the arrest. Effective July 1, 2021.

A BILL FOR

AN ACT concerning courts.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal and Traffic Assessment Act is amended by changing Sections 10-5, 15-5, 15-10, 15-15, 15-20, 15-25, 15-30, 15-35, 15-40, 15-45, 15-65, and 15-70 as follows:

(705 ILCS 135/10-5)

(Section scheduled to be repealed on January 1, 2022)

Sec. 10-5. Funds.

(a) All money collected by the Clerk of the Circuit Court under Article 15 of this Act shall be remitted as directed in Article 15 of this Act to the county treasurer, to the State Treasurer, and to the treasurers of the units of local government. If an amount payable to any of the treasurers is less than $10, the clerk may postpone remitting the money until $10 has accrued or by the end of fiscal year. The treasurers shall deposit the money as indicated in the schedules, except, in a county with a population of over 3,000,000, money remitted to the county treasurer shall be subject to appropriation by the county board. Any amount retained by the Clerk of the Circuit Court in a county with a population of over 3,000,000 shall be subject to appropriation by the county board.

(b) The county treasurer or the treasurer of the unit of local government may create the funds indicated in paragraphs (1) through (5), (9), and (16) of subsection (d) of this Section, if not already in existence. If a county or unit of local government has not instituted, and does not plan to institute a program that uses a particular fund, the treasurer need not create the fund and may instead deposit the money intended for the fund into the general fund of the county or unit of local government for use in financing the court system.

(c) If the arresting agency is a State agency, the arresting agency portion shall be remitted by the clerk of court to the State Treasurer who shall deposit the portion as follows:

(1) if the arresting agency is the Department of State Police, into the State Police Law Enforcement Administration Fund;

(2) if the arresting agency is the Department of Natural Resources, into the Conservation Police Operations Assistance Fund;

(3) if the arresting agency is the Secretary of State, into the Secretary of State Police Services Fund; and

(4) if the arresting agency is the Illinois Commerce Commission, into the Transportation Regulatory Fund.

(d) Fund descriptions and provisions:

(1) The Court Automation Fund is to defray the expense, borne by the county, of establishing and maintaining automated record keeping systems in the Office of the Clerk of the Circuit Court. The money shall be remitted monthly by the clerk to the county treasurer and identified as funds for the Circuit Court Clerk. The fund shall be audited by the county auditor, and the board shall make expenditures from the fund in payment of any costs related to the automation of court records including hardware, software, research and development costs, and personnel costs related to the foregoing, provided that the expenditure is approved by the clerk of the court and by the chief judge of the circuit court or his or her designee.

(2) The Document Storage Fund is to defray the expense, borne by the county, of establishing and maintaining a document storage system and converting the records of the circuit court clerk to electronic or micrographic storage. The money shall be remitted monthly by the clerk to the county treasurer and identified as funds for the circuit court clerk. The fund shall be audited by the county auditor, and the board shall make expenditure from the fund in payment of any cost related to the storage of court records, including hardware, software, research and development costs, and personnel costs related to the foregoing, provided that the expenditure is approved by the clerk of the court.

(3) The Circuit Clerk Operations and Administration Fund may be used to defray the expenses incurred for collection and disbursement of the various assessment schedules. The money shall be remitted monthly by the clerk to the county treasurer and identified as funds for the circuit court clerk.

(4) The State's Attorney Records Automation Fund is to defray the expense of establishing and maintaining automated record keeping systems in the offices of the State's Attorney. The money shall be remitted monthly by the clerk to the county treasurer for deposit into the State's Attorney Records Automation Fund. Expenditures from this fund may be made by the State's Attorney for hardware, software, and research and development related to automated record keeping systems.

(5) The Public Defender Records Automation Fund is to defray the expense of establishing and maintaining automated record keeping systems in the offices of the Public Defender. The money shall be remitted monthly by the clerk to the county treasurer for deposit into the Public Defender Records Automation Fund. Expenditures from this fund may be made by the Public Defender for hardware, software, and research and development related to automated record keeping systems.

(6) The DUI Fund shall be used for enforcement and prevention of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, as defined by Section 11-501 of the Illinois Vehicle Code, including, but not limited to, the purchase of law enforcement equipment and commodities that will assist in the prevention of alcohol-related criminal violence throughout the State; police officer training and education in areas related to alcohol-related crime, including, but not limited to, DUI training; and police officer salaries, including, but not limited to, salaries for hire-back funding for safety checkpoints, saturation patrols, and liquor store sting operations. Any moneys shall be used to purchase law enforcement equipment that will assist in the prevention of alcohol-related criminal violence throughout the State. The money shall be remitted monthly by the clerk to the State or local treasurer for deposit as provided by law.

(7) The Trauma Center Fund shall be distributed as provided under Section 3.225 of the Emergency Medical Services (EMS) Systems Act.

(8) The Probation and Court Services Fund is to be expended as described in Section 15.1 of the Probation and Probation Officers Act.

(9) The Circuit Court Clerk Electronic Citation Fund shall have the Circuit Court Clerk as the custodian, ex officio, of the Fund and shall be used to perform the duties required by the office for establishing and maintaining electronic citations. The Fund shall be audited by the county's auditor.

(10) The Drug Treatment Fund is a special fund in the State treasury. Moneys in the Fund shall be expended as provided in Section 411.2 of the Illinois Controlled Substances Act.

(11) The Violent Crime Victims Assistance Fund is a special fund in the State treasury to provide moneys for the grants to be awarded under the Violent Crime Victims Assistance Act.

(12) The Criminal Justice Information Projects Fund shall be appropriated to and administered by the Illinois Criminal Justice Information Authority for distribution to fund Department of State Police drug task forces and Metropolitan Enforcement Groups, for the costs associated with making grants from the Prescription Pill and Drug Disposal Fund, for undertaking criminal justice information projects, and for the operating and other expenses of the Authority incidental to those criminal justice information projects. The moneys deposited into the Criminal Justice Information Projects Fund under Sections 15-15 and 15-35 of this Act shall be appropriated to and administered by the Illinois Criminal Justice Information Authority for distribution to fund Department of State Police drug task forces and Metropolitan Enforcement Groups by dividing the funds equally by the total number of Department of State Police drug task forces and Illinois Metropolitan Enforcement Groups.

(13) The Sexual Assault Services Fund shall be appropriated to the Department of Public Health. Upon appropriation of moneys from the Sexual Assault Services Fund, the Department of Public Health shall make grants of these moneys to sexual assault organizations with whom the Department has contracts for the purpose of providing community-based services to victims of sexual assault. Grants are in addition to, and are not substitutes for, other grants authorized and made by the Department.

(14) The County Jail Medical Costs Fund is to help defray the costs outlined in Section 17 of the County Jail Act. Moneys in the Fund shall be used solely for reimbursement to the county of costs for medical expenses and administration of the Fund.

(15) The Prisoner Review Board Vehicle and Equipment Fund is a special fund in the State treasury. The Prisoner Review Board shall, subject to appropriation by the General Assembly and approval by the Secretary, use all moneys in the Prisoner Review Board Vehicle and Equipment Fund for the purchase and operation of vehicles and equipment.

(16) In each county in which a Children's Advocacy Center provides services, a Child Advocacy Center Fund is specifically for the operation and administration of the Children's Advocacy Center, from which the county board shall make grants to support the activities and services of the Children's Advocacy Center within that county.

(17) In each county in which Court Appointed Special Advocates provide services, a Court Appointed Special Advocates Fund is specifically for the operations of the Court Appointed Special Advocates, from which the county board shall make grants to support the activities and services of the Court Appointed Special Advocates within that county. The term "Court Appointed Special Advocates" is copyrighted and is used with permission of the holder of the copyright.

(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19; 101-636, eff. 6-10-20.)

(705 ILCS 135/15-5)

(Section scheduled to be repealed on January 1, 2022)

Sec. 15-5. SCHEDULE 1; generic felony offenses.

SCHEDULE 1: Unless assessments are imposed by the court under another schedule of this Act, for a felony offense, the Clerk of the Circuit Court shall collect $559 $549 and remit as follows:

(1) As the county's portion, $364 $354 to the county treasurer, who shall deposit the money as follows:

(A) $20 into the Court Automation Fund;

(B) $20 into the Court Document Storage Fund;

(C) $5 into the Circuit Court Clerk Operation and Administrative Fund;

(D) $255 into the county's General Fund;

(E) $10 into the Child Advocacy Center Fund;

(F) $2 into the State's Attorney Records Automation Fund;

(G) $2 into the Public Defender Records Automation Fund;

(H) $20 into the County Jail Medical Costs Fund; and

(I) $20 into the Probation and Court Services Fund; and

(J) $10 into the Court Appointed Special Advocates Fund.

(2) As the State's portion, $195 to the State Treasurer, who shall deposit the money as follows:

(A) $50 into the State Police Operations Assistance Fund;

(B) $100 into the Violent Crime Victims Assistance Fund;

(C) $10 into the State Police Merit Board Public Safety Fund; and

(D) $35 into the Traffic and Criminal Conviction Surcharge Fund.

(Source: P.A. 100-987, eff. 7-1-19.)

(705 ILCS 135/15-10)

(Section scheduled to be repealed on January 1, 2022)

Sec. 15-10. SCHEDULE 2; felony DUI offenses.

SCHEDULE 2: For a felony under 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 of a local ordinance, the Clerk of the Circuit Court shall collect $1,719 $1,709 and remit as follows:

(1) As the county's portion, $409 $399 to the county treasurer, who shall deposit the money as follows:

(A) $20 into the Court Automation Fund;

(B) $20 into the Court Document Storage Fund;

(C) $5 into the Circuit Court Clerk Operation and Administrative Fund;

(D) $300 into the county's General Fund;

(E) $10 into the Child Advocacy Center Fund;

(F) $2 into the State's Attorney Records Automation Fund;

(G) $2 into the Public Defender Records Automation Fund;

(H) $20 into the County Jail Medical Costs Fund; and

(I) $20 into the Probation and Court Services Fund; and

(J) $10 into the Court Appointed Special Advocates Fund.

(2) As the State's portion, $1,110 to the State Treasurer, who shall deposit the money as follows:

(A) $730 into the State Police Operations Assistance Fund;

(B) $5 into the Drivers Education Fund;

(C) $100 into the Trauma Center Fund;

(D) $5 into the Spinal Cord Injury Paralysis Cure Research Trust Fund;

(E) $5 into the State Police Merit Board Public Safety Fund;

(F) $160 into the Traffic and Criminal Conviction Surcharge Fund;

(G) $5 into the Law Enforcement Camera Grant Fund; and

(H) $100 into the Violent Crime Victims Assistance Fund.

(3) As the arresting agency's portion, $200 to the treasurer of the unit of local government of the arresting agency, who shall deposit the money into the DUI Fund of that unit of local government or as provided in subsection (c) of Section 10-5 of this Act if the arresting agency is a State agency, unless more than one agency is responsible for the arrest in which case the amount shall be remitted to each unit of government equally.

(Source: P.A. 100-987, eff. 7-1-19.)

(705 ILCS 135/15-15)

(Section scheduled to be repealed on January 1, 2022)

Sec. 15-15. SCHEDULE 3; felony drug offenses.

SCHEDULE 3: For a felony under the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act, the Clerk of the Circuit Court shall collect $2,225 $2,215 and remit as follows:

(1) As the county's portion, $364 $354 to the county treasurer, who shall deposit the money as follows:

(A) $20 into the Court Automation Fund;

(B) $20 into the Court Document Storage Fund;

(C) $5 into the Circuit Court Clerk Operation and Administrative Fund;

(D) $255 into the county's General Fund;

(E) $10 into the Child Advocacy Center Fund;

(F) $2 into the State's Attorney Records Automation Fund;

(G) $2 into the Public Defender Records Automation Fund;

(H) $20 into the County Jail Medical Costs Fund; and

(I) $20 into the Probation and Court Services Fund; and

(J) $10 into the Court Appointed Special Advocates Fund.

(2) As the State's portion, $1,861 to the State Treasurer, who shall deposit the money as follows:

(A) $50 into the State Police Operations Assistance Fund;

(B) $100 into the Violent Crime Victims Assistance Fund;

(C) $100 into the Trauma Center Fund; and

(D) $5 into the Spinal Cord Injury Paralysis Cure Research Trust Fund;

(E) $1,500 into the Drug Treatment Fund;

(F) $5 into the State Police Merit Board Public Safety Fund;

(G) $38 into the Prescription Pill and Drug Disposal Fund;

(H) $28 into the Criminal Justice Information Projects Fund; and

(I) $35 into the Traffic and Criminal Conviction Surcharge Fund.

(Source: P.A. 100-987, eff. 7-1-19.)

(705 ILCS 135/15-20)

(Section scheduled to be repealed on January 1, 2022)

Sec. 15-20. SCHEDULE 4; felony sex offenses.

SCHEDULE 4: For a felony or attempted felony under Article 11 or Section 12-33 of the Criminal Code of 2012, the Clerk of the Circuit Court shall collect $1,324 $1,314 and remit as follows:

(1) As the county's portion, $364 $354 to the county treasurer, who shall deposit the money as follows:

(A) $20 into the Court Automation Fund;

(B) $20 into the Court Document Storage Fund;

(C) $5 into the Circuit Court Clerk Operation and Administrative Fund;

(D) $255 into the county's General Fund;

(E) $10 into the Child Advocacy Center Fund;

(F) $2 into the State's Attorney Records Automation Fund;

(G) $2 into the Public Defender Records Automation Fund;

(H) $20 into the County Jail Medical Costs Fund; and

(I) $20 into the Probation and Court Services Fund; and

(J) $10 into the Court Appointed Special Advocates Fund.

(2) As the State's portion, $960 to the State Treasurer, who shall deposit the money as follows:

(A) $520 into the State Police Operations Assistance Fund;

(B) $100 into the Violent Crime Victims Assistance Fund;

(C) $200 into the Sexual Assault Services Fund;

(D) $100 into the Domestic Violence Shelter and Services Fund;

(E) $5 into the State Police Merit Board Public Safety Fund; and

(F) $35 into the Traffic and Criminal Conviction Surcharge Fund.

(Source: P.A. 100-987, eff. 7-1-19.)

(705 ILCS 135/15-25)

(Section scheduled to be repealed on January 1, 2022)

Sec. 15-25. SCHEDULE 5; generic misdemeanor offenses.

SCHEDULE 5: Unless assessments are imposed under another schedule of this Act, for a misdemeanor offense, the Clerk of the Circuit Court shall collect $449 $439 and remit as follows:

(1) As the county's portion, $292 $282 to the county treasurer, who shall deposit the money as follows:

(A) $20 into the Court Automation Fund;

(B) $20 into the Court Document Storage Fund;

(C) $5 into the Circuit Court Clerk Operation and Administrative Fund;

(D) $8 into the Circuit Court Clerk Electronic Citation Fund;

(E) $185 into the county's General Fund;

(F) $10 into the Child Advocacy Center Fund;

(G) $2 into the State's Attorney Records Automation Fund;

(H) $2 into the Public Defender Records Automation Fund;

(I) $10 into the County Jail Medical Costs Fund; and

(J) $20 into the Probation and Court Services Fund; and

(K) $10 into the Court Appointed Special Advocates Fund.

(2) As the State's portion, $155 to the State Treasurer, who shall deposit the money as follows:

(A) $50 into the State Police Operations Assistance Fund;

(B) $10 into the State Police Merit Board Public Safety Fund;

(C) $75 into the Violent Crime Victims Assistance Fund; and

(D) $20 into the Traffic and Criminal Conviction Surcharge Fund.

(3) As the arresting agency's portion, $2, to the treasurer of the unit of local government of the arresting agency, who shall deposit the money into the E-citation Fund of that unit of local government or as provided in subsection (c) of Section 10-5 of this Act if the arresting agency is a State agency, unless more than one agency is responsible for the arrest in which case the amount shall be remitted to each unit of government equally.

(Source: P.A. 100-987, eff. 7-1-19.)

(705 ILCS 135/15-30)

(Section scheduled to be repealed on January 1, 2022)

Sec. 15-30. SCHEDULE 6; misdemeanor DUI offenses.

SCHEDULE 6: For a misdemeanor under 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 of a local ordinance, the Clerk of the Circuit Court shall collect $1,391 $1,381 and remit as follows:

(1) As the county's portion, $332 $322 to the county treasurer, who shall deposit the money as follows:

(A) $20 into the Court Automation Fund;

(B) $20 into the Court Document Storage Fund;

(C) $5 into the Circuit Court Clerk Operation and Administrative Fund;

(D) $8 into the Circuit Court Clerk Electronic Citation Fund;

(E) $225 into the county's General Fund;

(F) $10 into the Child Advocacy Center Fund;

(G) $2 into the State's Attorney Records Automation Fund;

(H) $2 into the Public Defenders Records Automation Fund;

(I) $10 into the County Jail Medical Costs Fund; and

(J) $20 into the Probation and Court Services Fund; and

(K) $10 into the Court Appointed Special Advocates Fund.

(2) As the State's portion, $707 to the State Treasurer, who shall deposit the money as follows:

(A) $330 into the State Police Operations Assistance Fund;

(B) $5 into the Drivers Education Fund;

(C) $5 into the State Police Merit Board Public Safety Fund;

(D) $100 into the Trauma Center Fund;

(E) $5 into the Spinal Cord Injury Paralysis Cure Research Trust Fund;

(F) $22 into the Fire Prevention Fund;

(G) $160 into the Traffic and Criminal Conviction Surcharge Fund;

(H) $5 into the Law Enforcement Camera Grant Fund; and

(I) $75 into the Violent Crime Victims Assistance Fund.

(3) As the arresting agency's portion, $352 as follows, 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 a local agency, to the treasurer of the unit of local government of the arresting agency, who shall deposit the money as follows:

(i) $2 into the E-citation Fund of the unit of local government; and

(ii) $350 into the DUI Fund of the unit of local government; or

(B) as provided in subsection (c) of Section 10-5 of this Act if the arresting agency is a State agency.

(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.)

(705 ILCS 135/15-35)

(Section scheduled to be repealed on January 1, 2022)

Sec. 15-35. SCHEDULE 7; misdemeanor drug offenses.

SCHEDULE 7: For a misdemeanor under the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act, the Clerk of the Circuit Court shall collect $915 $905 and remit as follows:

(1) As the county's portion, $292 $282 to the county treasurer, who shall deposit the money as follows:

(A) $20 into the Court Automation Fund;

(B) $20 into the Court Document Storage Fund;

(C) $5 into the Circuit Court Clerk Operation and Administrative Fund;

(D) $8 into the Circuit Court Clerk Electronic Citation Fund;

(E) $185 into the county's General Fund;

(F) $10 into the Child Advocacy Center Fund;

(G) $2 into the State's Attorney Records Automation Fund;

(H) $2 into the Public Defenders Records Automation Fund;

(I) $10 into the County Jail Medical Costs Fund; and

(J) $20 into the Probation and Court Services Fund ; and

(K) $10 into the Court Appointed Special Advocates Fund.

(2) As the State's portion, $621 to the State Treasurer, who shall deposit the money as follows:

(A) $50 into the State Police Operations Assistance Fund;

(B) $75 into the Violent Crime Victims Assistance Fund;

(C) $100 into the Trauma Center Fund;

(D) $5 into the Spinal Cord Injury Paralysis Cure Research Trust Fund;

(E) $300 into the Drug Treatment Fund;

(F) $38 into the Prescription Pill and Drug Disposal Fund;

(G) $28 into the Criminal Justice Information Projects Fund;

(H) $5 into the State Police Merit Board Public Safety Fund; and

(I) $20 into the Traffic and Criminal Conviction Surcharge Fund.

(3) As the arresting agency's portion, $2, to the treasurer of the unit of local government of the arresting agency, who shall deposit the money into the E-citation Fund of that unit of local government or as provided in subsection (c) of Section 10-5 of this Act if the arresting agency is a State agency, unless more than one agency is responsible for the arrest in which case the amount shall be remitted to each unit of government equally.

(Source: P.A. 100-987, eff. 7-1-19.)

(705 ILCS 135/15-40)

(Section scheduled to be repealed on January 1, 2022)

Sec. 15-40. SCHEDULE 8; misdemeanor sex offenses.

SCHEDULE 8: For a misdemeanor or attempted misdemeanor under Article 11 of the Criminal Code of 2012, the Clerk of the Circuit Court shall collect $1,194 $1,184 and remit as follows:

(1) As the county's portion, $292 $282 to the county treasurer, who shall deposit the money as follows:

(A) $20 into the Court Automation Fund;

(B) $20 into the Court Document Storage Fund;

(C) $5 into the Circuit Court Clerk Operation and Administrative Fund;

(D) $8 into the Circuit Court Clerk Electronic Citation Fund;

(E) $185 into the county's General Fund;

(F) $10 into the Child Advocacy Center Fund;

(G) $2 into the State's Attorney Records Automation Fund;

(H) $2 into the Public Defenders Records Automation Fund;

(I) $10 into the County Jail Medical Costs Fund; and

(J) $20 into the Probation and Court Services Fund; and

(K) $10 into the Court Appointed Special Advocates Fund.

(2) As the State's portion, $900 to the State Treasurer, who shall deposit the money as follows:

(A) $500 into the State Police Operations Assistance Fund;

(B) $75 into the Violent Crime Victims Assistance Fund;

(C) $200 into the Sexual Assault Services Fund;

(D) $100 into the Domestic Violence Shelter and Service Fund;

(E) $5 into the State Police Merit Board Public Safety Fund; and

(F) $20 into the Traffic and Criminal Conviction Surcharge Fund.

(3) As the arresting agency's portion, $2, to the treasurer of the unit of local government of the arresting agency, who shall deposit the money into the E-citation Fund of that unit of local government or as provided in subsection (c) of Section 10-5 of this Act if the arresting agency is a State agency, unless more than one agency is responsible for the arrest in which case the amount shall be remitted to each unit of government equally.

(Source: P.A. 100-987, eff. 7-1-19.)

(705 ILCS 135/15-45)

(Section scheduled to be repealed on January 1, 2022)

Sec. 15-45. SCHEDULE 9; major traffic offenses.

SCHEDULE 9: For a major traffic offense, the Clerk of the Circuit Court shall collect $335 $325 plus, if applicable, the amount established under paragraph (1.5) of this Section and remit as follows:

(1) As the county's portion, $213 $203 to the county treasurer, who shall deposit the money as follows:

(A) $20 into the Court Automation Fund;

(B) $20 into the Court Document Storage Fund;

(C) $5 into the Circuit Court Clerk Operation and Administrative Fund;

(D) $8 into the Circuit Court Clerk Electronic Citation Fund; and

(E) $150 into the county's General Fund; and

(F) $10 into the Court Appointed Special Advocates Fund.

(1.5) In a county with a population of 3,000,000 or more, the county board may by ordinance or resolution establish an additional assessment not to exceed $37 to be remitted to the county treasurer of which $5 shall be deposited into the Court Automation Fund, $5 shall be deposited into the Court Document Storage Fund, $2 shall be deposited into the State's Attorneys Records Automation Fund, $2 shall be deposited into the Public Defenders Records Automation Fund, $10 shall be deposited into the Probation and Court Services Fund, and the remainder shall be used for purposes related to the operation of the court system.

(2) As the State's portion, $97 to the State Treasurer, who shall deposit the money as follows:

(A) $20 into the State Police Operations Assistance Fund;

(B) $5 into the Drivers Education Fund;

(C) $5 into the State Police Merit Board Public Safety Fund;

(D) $22 into the Fire Prevention Fund;

(E) $40 into the Traffic and Criminal Conviction Surcharge Fund; and

(F) $5 into the Violent Crime Victims Assistance Fund.

(3) As the arresting agency's portion, $25, to the treasurer of the unit of local government of the arresting agency, who shall deposit the money as follows:

(A) $2 into the E-citation Fund of that unit of local government or as provided in subsection (c) of Section 10-5 of this Act if the arresting agency is a State agency, unless more than one agency is responsible for the arrest in which case the amount shall be remitted to each unit of government equally.

(B) $23 into the General Fund of that unit of local government or as provided in subsection (c) of Section 10-5 of this Act if the arresting agency is a State agency, unless more than one agency is responsible for the arrest in which case the amount shall be remitted to each unit of government equally.

(Source: P.A. 100-987, eff. 7-1-19.)

(705 ILCS 135/15-65)

(Section scheduled to be repealed on January 1, 2022)

Sec. 15-65. SCHEDULE 13; non-traffic violations.

SCHEDULE 13: For a petty offense, business offense, or non-traffic ordinance violation, the Clerk of the Circuit Court shall collect $110 $100 and remit as follows:

(1) As the county's portion, $85 $75, to the county treasurer, who shall deposit the money as follows:

(A) $20 into the Court Automation Fund;

(B) $20 into the Court Document Storage Fund;

(C) $5 into the Circuit Court Clerk Operation and Administrative Fund;

(D) $8 into the Circuit Court Clerk Electronic Citation Fund; and

(E) $22 into the county's General Fund; and

(F) $10 into the Court Appointed Special Advocates Fund.

(2) As the arresting agency's portion, $25 as follows, 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 a local agency to the treasurer of the unit of local government of the arresting agency, who shall deposit the money as follows:

(i) $2 into the E-citation Fund of the unit of local government; and

(ii) $23 into the General Fund of the unit of local government; or

(B) as provided in subsection (c) of Section 10-5 of this Act if the arresting agency is a State agency.

(Source: P.A. 100-987, eff. 7-1-19.)

(705 ILCS 135/15-70)

(Section scheduled to be repealed on January 1, 2022)

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 Department of 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 Department of 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 Offender DNA Identification System Fund as set forth in Section 5-4-3 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 for 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;

(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, and if more than one agency responded, the amount payable to public agencies shall be shared 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, and if more than one agency is responsible for the arrest, the amount payable to law enforcement agencies shall be shared 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, and if more than one agency responded, the amount payable to public agencies shall be shared 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 Department of 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.

(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19; 101-173, eff. 1-1-20; 101-636, eff. 6-10-20.)

Section 99. Effective date. This Act takes effect July 1, 2021.