94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB5845


 
Introduced 10/16/06, by Rep. Jil Tracy
 
SYNOPSIS AS INTRODUCED:
 		














730 ILCS 5/5-9-1.6
  from Ch. 38, par. 1005-9-1.6







    Amends the Unified Code of Corrections.  Increases the additional fine for domestic battery from $10 to $200.  Also provides that this additional fine applies to the offenses of assault and aggravated assault when the victims and the offenders are family or household members and the offense of aggravated domestic battery.  Provides that the additional fines shall be deposited into the Domestic Violence Shelter and Service Fund.  Effective immediately.
















LRB094 21605 RLC 59985 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB5845

LRB094 21605 RLC 59985 b






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    AN ACT concerning criminal law.

 
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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 Unified Code of Corrections is amended  by 
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changing Section 5-9-1.6 as follows:
 



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    (730 ILCS 5/5-9-1.6)  (from Ch. 38, par. 1005-9-1.6)



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    Sec. 5-9-1.6. Fine for certain domestic offenses
Domestic 
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Battery. There shall be added to
every penalty imposed in 
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sentencing for the offense of assault or aggravated assault if 
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the  offender and victim are family or
household members as 
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defined in Section 103 of the Illinois Domestic Violence
Act of 
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1986, domestic battery, or aggravated domestic battery an

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additional fine in the amount of $200
$10 to be imposed upon a 
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plea of guilty,
stipulation of facts or finding of guilty 
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resulting in a judgment of
conviction or order of supervision.

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    Such additional amount shall be assessed by the court 
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imposing sentence
and shall be collected by the Circuit Clerk 
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in addition to the fine, if
any, and costs in the case.  Each 
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such additional penalty shall be remitted
by the Circuit Clerk 
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within one month after receipt to the State Treasurer
for 
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deposit into the Domestic Violence Shelter and Service Fund.  
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The
Circuit Clerk shall retain 10% of such penalty to cover the 
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costs incurred
in administering and enforcing this Section.  
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Such additional penalty shall
not be considered a part of the 
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fine for purposes of any reduction in the
fine for time served 
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either before or after sentencing.

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    Not later than March 1 of each year the Clerk of the 
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Circuit Court shall
submit to the State Comptroller a report of 
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the amount of funds remitted by
him to the State Treasurer 
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under this Section during the preceding calendar
year.  Except 
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as otherwise provided by Supreme Court Rules, if a court in

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sentencing an offender levies a gross amount for fine, costs, 
 


 






HB5845
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LRB094 21605 RLC 59985 b




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fees and
penalties, the amount of the additional penalty 
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provided for herein shall
be collected from the amount 
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remaining after deducting from the gross
amount levied all fees 
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of the Circuit Clerk, the State's Attorney and the
Sheriff.  
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After deducting from the gross amount levied the fees and

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additional penalty provided for herein, less any other 
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additional penalties
provided by law, the clerk shall remit the 
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net balance remaining to the
entity authorized by law to 
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receive the fine imposed in the case.  For
purposes of this 
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Section "fees of the Circuit Clerk" shall include, if

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applicable, the fee provided for under Section 27.3a of the 
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Clerks of
Courts Act and the fee, if applicable, payable to the 
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county in which the
violation occurred under Section 5-1101 of 
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the Counties Code.

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(Source: P.A. 87-480; 87-895.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.