093_HB0352 LRB093 06549 DRH 06675 b 1 AN ACT regarding vehicles. 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 adding 5 Section 5.596 as follows: 6 (30 ILCS 105/5.596 new) 7 Sec. 5.596. The Seat Belt Compliance Program Fund. 8 Section 10. The Illinois Vehicle Code is amended by 9 changing Section 12-603.1 as follows: 10 (625 ILCS 5/12-603.1) (from Ch. 95 1/2, par. 12-603.1) 11 Sec. 12-603.1. Driver and passenger required to use 12 safety belts, exceptions and penalty. 13 (a) Each driver and front seat passenger of a motor 14 vehicle operated on a street or highway in this State shall 15 wear a properly adjusted and fastened seat safety belt; 16 except that, a child less than 6 years of age shall be 17 protected as required pursuant to the Child Passenger 18 Protection Act. Each driver under the age of 18 years and 19 each of the driver's passengers under the age of 18 years of 20 a motor vehicle operated on a street or highway in this State 21 shall wear a properly adjusted and fastened seat safety belt. 22 Each driver of a motor vehicle transporting a child 6 years 23 of age or more, but less than 16 years of age, in the front 24 seat of the motor vehicle shall secure the child in a 25 properly adjusted and fastened seat safety belt. 26 (b) Paragraph (a) shall not apply to any of the 27 following: 28 1. A driver or passenger frequently stopping and 29 leaving the vehicle or delivering property from the -2- LRB093 06549 DRH 06675 b 1 vehicle, if the speed of the vehicle between stops does 2 not exceed 15 miles per hour. 3 2. A driver or passenger possessing a written 4 statement from a physician that such person is unable, 5 for medical or physical reasons, to wear a seat safety 6 belt. 7 3. A driver or passenger possessing an official 8 certificate or license endorsement issued by the 9 appropriate agency in another state or country indicating 10 that the driver is unable for medical, physical, or other 11 valid reasons to wear a seat safety belt. 12 4. A driver operating a motor vehicle in reverse. 13 5. A motor vehicle with a model year prior to 1965. 14 6. A motorcycle or motor driven cycle. 15 7. A motorized pedalcycle. 16 8. A motor vehicle which is not required to be 17 equipped with seat safety belts under federal law. 18 9. A motor vehicle operated by a rural letter 19 carrier of the United States postal service while 20 performing duties as a rural letter carrier. 21 (c) Failure to wear a seat safety belt in violation of 22 this Section shall not be considered evidence of negligence, 23 shall not limit the liability of an insurer, and shall not 24 diminish any recovery for damages arising out of the 25 ownership, maintenance, or operation of a motor vehicle. 26 (d) A violation of this Section shall be a petty offense 27 and subject to a fine not to exceed $25. In addition to the 28 fine and any other financial assessments or penalties, a $5 29 surcharge shall be imposed for a violation of this Section. 30 The $5 surcharge shall be collected by the circuit clerk and 31 disbursed in the manner provided in Section 5-9-1.12 of the 32 Unified Code of Corrections. 33 (e) No motor vehicle, or driver or passenger of such 34 vehicle, shall be stopped or searched by any law enforcement -3- LRB093 06549 DRH 06675 b 1 officer solely on the basis of a violation or suspected 2 violation of this Section. 3 (Source: P.A. 90-369, eff. 1-1-98.) 4 Section 15. The Clerks of Courts Act is amended by 5 changing Section 27.5 as follows: 6 (705 ILCS 105/27.5) (from Ch. 25, par. 27.5) 7 Sec. 27.5. (a) All fees, fines, costs, additional 8 penalties, bail balances assessed or forfeited, and any other 9 amount paid by a person to the circuit clerk that equals an 10 amount less than $55, except the $5 surcharge on the fine 11 imposed for a violation of Section 12-603.1 of the Illinois 12 Vehicle Code or a similar provision of a local ordinance and 13 except restitution under Section 5-5-6 of the Unified Code of 14 Corrections, reimbursement for the costs of an emergency 15 response as provided under Section 5-5-3 of the Unified Code 16 of Corrections, any fees collected for attending a traffic 17 safety program under paragraph (c) of Supreme Court Rule 529, 18 any fee collected on behalf of a State's Attorney under 19 Section 4-2002 of the Counties Code or a sheriff under 20 Section 4-5001 of the Counties Code, or any cost imposed 21 under Section 124A-5 of the Code of Criminal Procedure of 22 1963, for convictions, orders of supervision, or any other 23 disposition for a violation of Chapters 3, 4, 6, 11, and 12 24 of the Illinois Vehicle Code, or a similar provision of a 25 local ordinance, and any violation of the Child Passenger 26 Protection Act, or a similar provision of a local ordinance, 27 and except as provided in subsection (b) shall be disbursed 28 within 60 days after receipt by the circuit clerk as follows: 29 47% shall be disbursed to the entity authorized by law to 30 receive the fine imposed in the case; 12% shall be disbursed 31 to the State Treasurer; and 41% shall be disbursed to the 32 county's general corporate fund. Of the 12% disbursed to the -4- LRB093 06549 DRH 06675 b 1 State Treasurer, 1/6 shall be deposited by the State 2 Treasurer into the Violent Crime Victims Assistance Fund, 1/2 3 shall be deposited into the Traffic and Criminal Conviction 4 Surcharge Fund, and 1/3 shall be deposited into the Drivers 5 Education Fund. For fiscal years 1992 and 1993, amounts 6 deposited into the Violent Crime Victims Assistance Fund, the 7 Traffic and Criminal Conviction Surcharge Fund, or the 8 Drivers Education Fund shall not exceed 110% of the amounts 9 deposited into those funds in fiscal year 1991. Any amount 10 that exceeds the 110% limit shall be distributed as follows: 11 50% shall be disbursed to the county's general corporate fund 12 and 50% shall be disbursed to the entity authorized by law to 13 receive the fine imposed in the case. Not later than March 1 14 of each year the circuit clerk shall submit a report of the 15 amount of funds remitted to the State Treasurer under this 16 Section during the preceding year based upon independent 17 verification of fines and fees. All counties shall be 18 subject to this Section, except that counties with a 19 population under 2,000,000 may, by ordinance, elect not to be 20 subject to this Section. For offenses subject to this 21 Section, judges shall impose one total sum of money payable 22 for violations. The circuit clerk may add on no additional 23 amounts except for amounts that are required by Sections 24 27.3a and 27.3c of this Act, unless those amounts are 25 specifically waived by the judge. With respect to money 26 collected by the circuit clerk as a result of forfeiture of 27 bail, ex parte judgment or guilty plea pursuant to Supreme 28 Court Rule 529, the circuit clerk shall first deduct and pay 29 amounts required by Sections 27.3a and 27.3c of this Act. 30 This Section is a denial and limitation of home rule powers 31 and functions under subsection (h) of Section 6 of Article 32 VII of the Illinois Constitution. 33 (b) The following amounts must be remitted to the State 34 Treasurer for deposit into the Illinois Animal Abuse Fund: -5- LRB093 06549 DRH 06675 b 1 (1) 50% of the amounts collected for felony 2 offenses under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 3 4.03, 4.04, 5, 5.01, 6, 7, 7.5, 7.15, and 16 of the 4 Humane Care for Animals Act and Section 26-5 of the 5 Criminal Code of 1961; 6 (2) 20% of the amounts collected for Class A and 7 Class B misdemeanors under Sections 3, 3.01, 4, 4.01, 8 4.03, 4.04, 5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the 9 Humane Care for Animals Act and Section 26-5 of the 10 Criminal Code of 1961; and 11 (3) 50% of the amounts collected for Class C 12 misdemeanors under Sections 4.01 and 7.1 of the Humane 13 Care for Animals Act and Section 26-5 of the Criminal 14 Code of 1961. 15 (Source: P.A. 92-454, eff. 1-1-02; 92-650, eff. 7-11-02.) 16 Section 20. The Unified Code of Corrections is amended 17 by changing Section 5-9-1 and adding Section 5-9-1.12 as 18 follows: 19 (730 ILCS 5/5-9-1) (from Ch. 38, par. 1005-9-1) 20 Sec. 5-9-1. Authorized fines. 21 (a) An offender may be sentenced to pay a fine which 22 shall not exceed for each offense: 23 (1) for a felony, $25,000 or the amount specified 24 in the offense, whichever is greater, or where the 25 offender is a corporation, $50,000 or the amount 26 specified in the offense, whichever is greater; 27 (2) for a Class A misdemeanor, $2,500 or the amount 28 specified in the offense, whichever is greater; 29 (3) for a Class B or Class C misdemeanor, $1,500; 30 (4) for a petty offense, $1,000 or the amount 31 specified in the offense, whichever is less; 32 (5) for a business offense, the amount specified in -6- LRB093 06549 DRH 06675 b 1 the statute defining that offense. 2 (b) A fine may be imposed in addition to a sentence of 3 conditional discharge, probation, periodic imprisonment, or 4 imprisonment. 5 (c) There shall be added to every fine imposed in 6 sentencing for a criminal or traffic offense, except an 7 offense relating to parking or registration, or offense by a 8 pedestrian, an additional penalty of $5 for each $40, or 9 fraction thereof, of fine imposed. The additional penalty of 10 $5 for each $40, or fraction thereof, of fine imposed, if not 11 otherwise assessed, shall also be added to every fine imposed 12 upon a plea of guilty, stipulation of facts or findings of 13 guilty, resulting in a judgment of conviction, or order of 14 supervision in criminal, traffic, local ordinance, county 15 ordinance, and conservation cases (except parking, 16 registration, or pedestrian violations), or upon a sentence 17 of probation without entry of judgment under Section 10 of 18 the Cannabis Control Act or Section 410 of the Controlled 19 Substances Act. 20 Such additional amounts shall be assessed by the court 21 imposing the fine and shall be collected by the Circuit Clerk 22 in addition to the fine and costs in the case. Each such 23 additional penalty shall be remitted by the Circuit Clerk 24 within one month after receipt to the State Treasurer. The 25 State Treasurer shall deposit $1 for each $40, or fraction 26 thereof, of fine imposed into the LEADS Maintenance Fund. 27 The remaining surcharge amount shall be deposited into the 28 Traffic and Criminal Conviction Surcharge Fund, unless the 29 fine, costs or additional amounts are subject to disbursement 30 by the circuit clerk under Section 27.5 of the Clerks of 31 Courts Act. Such additional penalty shall not be considered 32 a part of the fine for purposes of any reduction in the fine 33 for time served either before or after sentencing. Not later 34 than March 1 of each year the Circuit Clerk shall submit a -7- LRB093 06549 DRH 06675 b 1 report of the amount of funds remitted to the State Treasurer 2 under this subsection (c) during the preceding calendar year. 3 Except as otherwise provided by Supreme Court Rules, if a 4 court in imposing a fine against an offender levies a gross 5 amount for fine, costs, fees and penalties, the amount of the 6 additional penalty provided for herein shall be computed on 7 the amount remaining after deducting from the gross amount 8 levied all fees of the Circuit Clerk, the State's Attorney 9 and the Sheriff. After deducting from the gross amount 10 levied the fees and additional penalty provided for herein, 11 less any other additional penalties provided by law, the 12 clerk shall remit the net balance remaining to the entity 13 authorized by law to receive the fine imposed in the case. 14 For purposes of this Section "fees of the Circuit Clerk" 15 shall include, if applicable, the fee provided for under 16 Section 27.3a of the Clerks of Courts Act and the fee, if 17 applicable, payable to the county in which the violation 18 occurred pursuant to Section 5-1101 of the Counties Code. 19 (c-5) In addition to the fines imposed by subsection 20 (c), any person convicted or receiving an order of 21 supervision for driving under the influence of alcohol or 22 drugs shall pay an additional $100 fee to the clerk. This 23 additional fee, less 2 1/2% that shall be used to defray 24 administrative costs incurred by the clerk, shall be remitted 25 by the clerk to the Treasurer within 60 days after receipt 26 for deposit into the Trauma Center Fund. This additional fee 27 of $100 shall not be considered a part of the fine for 28 purposes of any reduction in the fine for time served either 29 before or after sentencing. Not later than March 1 of each 30 year the Circuit Clerk shall submit a report of the amount of 31 funds remitted to the State Treasurer under this subsection 32 (c-5) during the preceding calendar year. 33 The Circuit Clerk may accept payment of fines and costs 34 by credit card from an offender who has been convicted of a -8- LRB093 06549 DRH 06675 b 1 traffic offense, petty offense or misdemeanor and may charge 2 the service fee permitted where fines and costs are paid by 3 credit card provided for in Section 27.3b of the Clerks of 4 Courts Act. 5 (c-7) In addition to the fines imposed by subsection 6 (c), any person convicted or receiving an order of 7 supervision for driving under the influence of alcohol or 8 drugs shall pay an additional $5 fee to the clerk. This 9 additional fee, less 2 1/2% that shall be used to defray 10 administrative costs incurred by the clerk, shall be remitted 11 by the clerk to the Treasurer within 60 days after receipt 12 for deposit into the Spinal Cord Injury Paralysis Cure 13 Research Trust Fund. This additional fee of $5 shall not be 14 considered a part of the fine for purposes of any reduction 15 in the fine for time served either before or after 16 sentencing. Not later than March 1 of each year the Circuit 17 Clerk shall submit a report of the amount of funds remitted 18 to the State Treasurer under this subsection (c-7) during the 19 preceding calendar year. 20 (d) In determining the amount and method of payment of a 21 fine, except for those fines established for violations of 22 Chapter 15 of the Illinois Vehicle Code, the court shall 23 consider: 24 (1) the financial resources and future ability of 25 the offender to pay the fine; and 26 (2) whether the fine will prevent the offender from 27 making court ordered restitution or reparation to the 28 victim of the offense; and 29 (3) in a case where the accused is a dissolved 30 corporation and the court has appointed counsel to 31 represent the corporation, the costs incurred either by 32 the county or the State for such representation. 33 (e) The court may order the fine to be paid forthwith or 34 within a specified period of time or in installments. -9- LRB093 06549 DRH 06675 b 1 (f) All fines, costs and additional amounts imposed 2 under this Section for any violation of Chapters 3, 4, 6, and 3 11 of the Illinois Vehicle Code, or a similar provision of a 4 local ordinance, and any violation of the Child Passenger 5 Protection Act, or a similar provision of a local ordinance, 6 shall be collected and disbursed by the circuit clerk as 7 provided under Section 27.5 of the Clerks of Courts Act. 8 (g) For a fine imposed for a violation of Section 9 12-603.1 of the Illinois Vehicle Code or a similar provision 10 of a local ordinance, the $5 surcharge on that fine shall be 11 collected and disbursed by the circuit clerk as provided in 12 Section 5-9-1.12 of this Code. 13 (Source: P.A. 92-431, eff. 1-1-02.) 14 (730 ILCS 5/5-9-1.12 new) 15 Sec. 5-9-1.12. The Seat Belt Compliance Program Fund. 16 (a) The $5 surcharge added to each fine imposed for a 17 violation of Section 12-603.1 of the Illinois Vehicle Code or 18 a similar provision of a local ordinance shall be remitted by 19 the circuit clerk within one month after receipt to the State 20 Treasurer for deposit into the Seat Belt Compliance Program 21 Fund. The circuit clerk shall retain 10% of this amount to 22 cover the costs incurred in administering and enforcing this 23 Section. Not later than March 1 of each year, the circuit 24 clerk shall submit to the State Comptroller a report of the 25 amount of funds remitted by him or her to the State Treasurer 26 under this Section during the preceding calendar year. 27 (b) There is created the Seat Belt Compliance Program 28 Fund in the State treasury. Subject to appropriation, moneys 29 deposited into the Fund under this Section must be used by 30 the Department of State Police for the Seat Belt Compliance 31 Program or by the Department of State Police for grants to 32 other State, county, or municipal law enforcement agencies 33 for seat belt compliance programs established to increase -10- LRB093 06549 DRH 06675 b 1 seat safety belt compliance by high school students, 2 including but not limited to the Operation Cool Program.