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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB1183
Introduced 2/8/2005, by Rep. Arthur L. Turner SYNOPSIS AS INTRODUCED: |
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705 ILCS 105/27.5 |
from Ch. 25, par. 27.5 |
705 ILCS 105/27.6 |
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Amends the Clerks of Courts Act. Adds the court service fee, the court system fee, and the traffic and criminal surcharge fee to the list of fees that the clerk of the court may add to the amount of money that the clerk is required to disburse. In cases of bail forfeiture, ex parte judgment, or guilty pleas, includes the court service fee, the court system fee, and the traffic and criminal surcharge fee to the list of deductions that the clerk of the court may remove from the amount collected before disbursing the money. Effective immediately.
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A BILL FOR
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HB1183 |
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LRB094 03594 LCB 33598 b |
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| AN ACT concerning courts.
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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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| Sections 27.5 and 27.6 as follows: |
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| (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
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| Sec. 27.5. (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 that equals an |
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| amount less than $55, except restitution under Section
5-5-6 of |
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| the Unified Code of Corrections, reimbursement for the costs of |
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| an
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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| similar provision of a local ordinance, and except as provided |
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| in subsection
(b) shall be disbursed within 60 days after |
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| receipt by the circuit
clerk as follows: 47% shall be disbursed |
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| to the entity authorized by law to
receive the fine imposed in |
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| the case; 12% shall be disbursed to the State
Treasurer; and |
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| 41% shall be disbursed to the county's general corporate fund.
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| Of the 12% disbursed to the State Treasurer, 1/6 shall be |
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| deposited by the
State Treasurer into the Violent Crime Victims |
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| Assistance Fund, 1/2 shall be
deposited into the Traffic and |
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| Criminal Conviction Surcharge Fund, and 1/3
shall be deposited |
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HB1183 |
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LRB094 03594 LCB 33598 b |
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| into the Drivers Education Fund. For fiscal years 1992 and
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| 1993, amounts deposited into the Violent Crime Victims |
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| Assistance Fund, the
Traffic and Criminal Conviction Surcharge |
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| Fund, or the Drivers Education Fund
shall not exceed 110% of |
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| the amounts deposited into those funds in fiscal year
1991. Any |
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| amount that exceeds the 110% limit shall be distributed as |
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| follows:
50% shall be disbursed to the county's general |
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| 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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| 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, the court service fee under Section 5-1103 |
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| of the Counties Code, the court system fee under Section 5-1101 |
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| of the Counties Code, and the traffic and criminal surcharge |
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| under subsection (c-9) of Section 5-9-1 of the Unified Code of |
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| Corrections, unless those amounts are specifically waived by |
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| the judge. With
respect to money collected by the circuit clerk |
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| as a result of
forfeiture of bail, ex parte judgment or guilty |
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| plea pursuant to Supreme
Court Rule 529, the circuit clerk |
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| shall first deduct and pay amounts
required by Sections 27.3a |
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| and 27.3c of this Act , Sections 5-1103 and 5-1101 of the |
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| Counties Code and subsection (c-9) of Section 5-9-1 of the |
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| Unified Code of Corrections . 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) 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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HB1183 |
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LRB094 03594 LCB 33598 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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| (Source: P.A. 92-454, eff. 1-1-02; 92-650, eff. 7-11-02; |
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| 93-800, eff. 1-1-05.)
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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 |
25 |
| 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 |
28 |
| Section 124A-5 of the Code of
Criminal Procedure of 1963, for |
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| convictions, orders of supervision, or any
other disposition |
30 |
| 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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| 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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HB1183 |
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LRB094 03594 LCB 33598 b |
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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 Public Aid. For fiscal year |
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| 1993, amounts deposited into
the Violent Crime Victims |
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| Assistance Fund, the Traffic and Criminal
Conviction Surcharge |
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| Fund, or the Drivers Education Fund shall not exceed 110%
of |
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| the amounts deposited into those funds in fiscal year 1991. Any
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| amount that exceeds the 110% limit shall be distributed as |
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| follows: 50%
shall be disbursed to the county's general |
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| 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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| 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 |
28 |
| subject to this Section. For offenses
subject to this Section, |
29 |
| judges shall impose one total sum of money payable
for |
30 |
| violations. The circuit clerk may add on no additional amounts |
31 |
| except
for amounts that are required by Sections 27.3a and |
32 |
| 27.3c of
this Act, the court service fee under Section 5-1103 |
33 |
| of the Counties Code, the court system fee under Section 5-1101 |
34 |
| of the Counties Code, and the traffic and criminal surcharge |
35 |
| under subsection (c-9) of Section 5-9-1 of the Unified Code of |
36 |
| Corrections, unless those amounts are specifically waived by |
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HB1183 |
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LRB094 03594 LCB 33598 b |
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|
1 |
| the judge. With
respect to money collected by the circuit clerk |
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| as a result of
forfeiture of bail, ex parte judgment or guilty |
3 |
| plea pursuant to Supreme
Court Rule 529, the circuit clerk |
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| shall first deduct and pay amounts
required by Sections 27.3a |
5 |
| and 27.3c of this Act , Sections 5-1103 and 5-1101 of the |
6 |
| Counties Code and subsection (c-9) of Section 5-9-1 of the |
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| Unified Code of Corrections . 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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| 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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HB1183 |
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LRB094 03594 LCB 33598 b |
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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 or |
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| the Controlled Substance Act
shall pay an additional fee of |
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| $100 to the clerk
of the circuit court. This amount, less
2 |
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| 1/2% that shall be used to defray administrative costs incurred |
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| by the clerk,
shall be remitted by the clerk to the Treasurer |
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| within 60 days after receipt
for deposit into the Trauma Center |
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| Fund. This additional fee of $100 shall not
be considered a |
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| part of the fine for purposes of any reduction in the fine for
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| time served either before or after sentencing. Not later than |
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| March 1 of each
year the Circuit Clerk shall submit a report of |
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| the amount of funds remitted to
the State Treasurer under this |
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| 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 or
the Illinois Controlled Substances |
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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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| under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, |
35 |
| 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for |
36 |
| Animals Act and Section 26-5 of the Criminal Code of
1961;
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HB1183 |
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LRB094 03594 LCB 33598 b |
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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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| (Source: P.A. 92-431, eff. 1-1-02; 92-454, eff. 1-1-02; 92-650, |
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| eff. 7-11-02; 92-651, eff. 7-11-02; 93-800, eff. 1-1-05.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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