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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by adding | ||||||
5 | Section 3-712 as follows: | ||||||
6 | (625 ILCS 5/3-712 new) | ||||||
7 | Sec. 3-712. Improper application for certificate of title | ||||||
8 | or registration; special military plate. | ||||||
9 | (a) Except as provided in Chapter 4 of this Code, relating | ||||||
10 | to anti-theft laws and abandoned vehicles, and except as | ||||||
11 | otherwise provided in subsection (b) of this Section, any | ||||||
12 | person who knowingly provides false information to the | ||||||
13 | Secretary of State on an application for vehicle title or | ||||||
14 | registration is guilty of a Class A misdemeanor and shall be | ||||||
15 | fined not less than $500. | ||||||
16 | (b) Except as provided in Chapter 4 of this Code, relating | ||||||
17 | to anti-theft laws and abandoned vehicles, any person who, for | ||||||
18 | purposes of obtaining or renewing a special license plate | ||||||
19 | designating military decorations, military service, or status | ||||||
20 | as a military veteran, (i) claims to have been awarded a | ||||||
21 | military decoration, knowing that he or she has not been | ||||||
22 | awarded that decoration, or (ii) claims to have the status of | ||||||
23 | active duty military personnel or military veteran, knowing |
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1 | that he or she does not have the status required for the | ||||||
2 | registration for which he or she has applied, is guilty of a | ||||||
3 | Class A misdemeanor and shall be fined not less than $1,000. | ||||||
4 | Of the amounts collected as fines under this subsection | ||||||
5 | (b), 99% shall be deposited into the Illinois Military Family | ||||||
6 | Relief Fund and 1% shall be deposited into the Circuit Court | ||||||
7 | Clerk Operation and Administrative Fund created by the Clerk of | ||||||
8 | the Circuit Court to be used to offset the costs incurred by | ||||||
9 | the Circuit Court Clerk in performing the additional duties | ||||||
10 | required to collect and disburse funds to entities of State and | ||||||
11 | local government as provided by law.
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12 | Section 10. The Clerks of Courts Act is amended by changing | ||||||
13 | Section 27.6 as follows: | ||||||
14 | (705 ILCS 105/27.6)
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15 | Sec. 27.6. (a) All fees, fines, costs, additional | ||||||
16 | penalties, bail balances
assessed or forfeited, and any other | ||||||
17 | amount paid by a person to the circuit
clerk equalling an | ||||||
18 | amount of $55 or more, except the additional fee required
by | ||||||
19 | subsections (b) and (c), restitution under Section 5-5-6 of the
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20 | Unified Code of Corrections, reimbursement for the costs of an | ||||||
21 | emergency
response as provided under Section 11-501 of the | ||||||
22 | Illinois Vehicle Code,
any fees collected for attending a | ||||||
23 | traffic safety program under paragraph (c)
of Supreme Court | ||||||
24 | Rule 529, any fee collected on behalf of a State's Attorney
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1 | under Section 4-2002 of the Counties Code or a sheriff under | ||||||
2 | Section 4-5001
of the Counties Code, or any cost imposed under | ||||||
3 | Section 124A-5 of the Code of
Criminal Procedure of 1963, for | ||||||
4 | convictions, orders of supervision, or any
other disposition | ||||||
5 | for a violation of Chapters 3, 4, 6, 11, and 12 of the
Illinois | ||||||
6 | Vehicle Code, or a similar provision of a local ordinance, and | ||||||
7 | any
violation of the Child Passenger Protection Act, or a | ||||||
8 | similar provision of a
local ordinance, and except as provided | ||||||
9 | in subsections
subsection (d) and (f) shall be disbursed
within | ||||||
10 | 60 days after receipt by the circuit
clerk as follows: 44.5% | ||||||
11 | shall be disbursed to the entity authorized by law to
receive | ||||||
12 | the fine imposed in the case; 16.825% shall be disbursed to the | ||||||
13 | State
Treasurer; and 38.675% shall be disbursed to the county's | ||||||
14 | general corporate
fund. Of the 16.825% disbursed to the State | ||||||
15 | Treasurer, 2/17 shall be deposited
by the State Treasurer into | ||||||
16 | the Violent Crime Victims Assistance Fund, 5.052/17
shall be | ||||||
17 | deposited into the Traffic and Criminal Conviction Surcharge | ||||||
18 | Fund,
3/17 shall be deposited into the Drivers Education Fund, | ||||||
19 | and 6.948/17 shall be
deposited into the Trauma Center Fund. Of | ||||||
20 | the 6.948/17 deposited into the
Trauma Center Fund from the | ||||||
21 | 16.825% disbursed to the State Treasurer, 50% shall
be | ||||||
22 | disbursed to the Department of Public Health and 50% shall be | ||||||
23 | disbursed to
the Department of Healthcare and Family Services. | ||||||
24 | For fiscal year 1993, amounts deposited into
the Violent Crime | ||||||
25 | Victims Assistance Fund, the Traffic and Criminal
Conviction | ||||||
26 | Surcharge Fund, or the Drivers Education Fund shall not exceed |
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1 | 110%
of the amounts deposited into those funds in fiscal year | ||||||
2 | 1991. Any
amount that exceeds the 110% limit shall be | ||||||
3 | distributed as follows: 50%
shall be disbursed to the county's | ||||||
4 | general corporate fund and 50% shall be
disbursed to the entity | ||||||
5 | authorized by law to receive the fine imposed in
the case. Not | ||||||
6 | later than March 1 of each year the circuit clerk
shall submit | ||||||
7 | a report of the amount of funds remitted to the State
Treasurer | ||||||
8 | under this Section during the preceding year based upon
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9 | independent verification of fines and fees. All counties shall | ||||||
10 | be subject
to this Section, except that counties with a | ||||||
11 | population under 2,000,000
may, by ordinance, elect not to be | ||||||
12 | subject to this Section. For offenses
subject to this Section, | ||||||
13 | judges shall impose one total sum of money payable
for | ||||||
14 | violations. The circuit clerk may add on no additional amounts | ||||||
15 | except
for amounts that are required by Sections 27.3a and | ||||||
16 | 27.3c of
this Act, unless those amounts are specifically waived | ||||||
17 | by the judge. With
respect to money collected by the circuit | ||||||
18 | clerk as a result of
forfeiture of bail, ex parte judgment or | ||||||
19 | guilty plea pursuant to Supreme
Court Rule 529, the circuit | ||||||
20 | clerk shall first deduct and pay amounts
required by Sections | ||||||
21 | 27.3a and 27.3c of this Act. This Section is a denial
and | ||||||
22 | limitation of home rule powers and functions under subsection | ||||||
23 | (h) of
Section 6 of Article VII of the Illinois Constitution.
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24 | (b) In addition to any other fines and court costs assessed | ||||||
25 | by the courts,
any person convicted or receiving an order of | ||||||
26 | supervision for driving under
the influence of alcohol or drugs |
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1 | shall pay an additional fee of $100 to the
clerk of the circuit | ||||||
2 | court. This amount, less 2 1/2% that shall be used to
defray | ||||||
3 | administrative costs incurred by the clerk, shall be remitted | ||||||
4 | by the
clerk to the Treasurer within 60 days after receipt for | ||||||
5 | deposit into the Trauma
Center Fund. This additional fee of | ||||||
6 | $100 shall not be considered a part of the
fine for purposes of | ||||||
7 | any reduction in the fine for time served either before or
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8 | after sentencing. Not later than March 1 of each year the | ||||||
9 | Circuit Clerk shall
submit a report of the amount of funds | ||||||
10 | remitted to the State Treasurer under
this subsection during | ||||||
11 | the preceding calendar year.
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12 | (b-1) In addition to any other fines and court costs | ||||||
13 | assessed by the courts,
any person convicted or receiving an | ||||||
14 | order of supervision for driving under the
influence of alcohol | ||||||
15 | or drugs shall pay an additional fee of $5 to the clerk
of the | ||||||
16 | circuit court. This amount, less
2 1/2% that shall be used to | ||||||
17 | defray administrative costs incurred by the clerk,
shall be | ||||||
18 | remitted by the clerk to the Treasurer within 60 days after | ||||||
19 | receipt
for deposit into the Spinal Cord Injury Paralysis Cure | ||||||
20 | Research Trust Fund.
This additional fee of $5 shall not
be | ||||||
21 | considered a part of the fine for purposes of any reduction in | ||||||
22 | the fine for
time served either before or after sentencing. Not | ||||||
23 | later than March 1 of each
year the Circuit Clerk shall submit | ||||||
24 | a report of the amount of funds remitted to
the State Treasurer | ||||||
25 | under this subsection during the preceding calendar
year.
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26 | (c) In addition to any other fines and court costs assessed |
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1 | by the courts,
any person convicted for a violation of Sections | ||||||
2 | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or a | ||||||
3 | person sentenced for a violation of the Cannabis
Control Act, | ||||||
4 | the Illinois Controlled Substances Act, or the Methamphetamine | ||||||
5 | Control and Community Protection Act
shall pay an additional | ||||||
6 | fee of $100 to the clerk
of the circuit court. This amount, | ||||||
7 | less
2 1/2% that shall be used to defray administrative costs | ||||||
8 | incurred by the clerk,
shall be remitted by the clerk to the | ||||||
9 | Treasurer within 60 days after receipt
for deposit into the | ||||||
10 | Trauma Center Fund. This additional fee of $100 shall not
be | ||||||
11 | considered a part of the fine for purposes of any reduction in | ||||||
12 | the fine for
time served either before or after sentencing. Not | ||||||
13 | later than March 1 of each
year the Circuit Clerk shall submit | ||||||
14 | a report of the amount of funds remitted to
the State Treasurer | ||||||
15 | under this subsection during the preceding calendar year.
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16 | (c-1) In addition to any other fines and court costs | ||||||
17 | assessed by the
courts, any person sentenced for a violation of | ||||||
18 | the Cannabis Control Act,
the Illinois Controlled Substances | ||||||
19 | Act, or the Methamphetamine Control and Community Protection | ||||||
20 | Act shall pay an additional fee of $5 to the
clerk of the | ||||||
21 | circuit court. This amount, less 2 1/2% that shall be used to
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22 | defray administrative costs incurred by the clerk, shall be | ||||||
23 | remitted by the
clerk to the Treasurer within 60 days after | ||||||
24 | receipt for deposit into the Spinal
Cord Injury Paralysis Cure | ||||||
25 | Research Trust Fund. This additional fee of $5
shall not be | ||||||
26 | considered a part of the fine for purposes of any reduction in |
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1 | the
fine for time served either before or after sentencing. Not | ||||||
2 | later than March 1
of each year the Circuit Clerk shall submit | ||||||
3 | a report of the amount of funds
remitted to the State Treasurer | ||||||
4 | under this subsection during the preceding
calendar year.
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5 | (d) The following amounts must be remitted to the State | ||||||
6 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
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7 | (1) 50% of the amounts collected for felony offenses | ||||||
8 | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||||||
9 | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||||||
10 | Animals Act and Section 26-5 of the Criminal Code of
1961;
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11 | (2) 20% of the amounts collected for Class A and Class | ||||||
12 | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||||||
13 | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||||||
14 | for Animals Act and Section 26-5 of the Criminal
Code of | ||||||
15 | 1961; and
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16 | (3) 50% of the amounts collected for Class C | ||||||
17 | misdemeanors under Sections
4.01 and 7.1 of the Humane Care | ||||||
18 | for Animals Act and Section 26-5 of the
Criminal Code of | ||||||
19 | 1961.
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20 | (e) Any person who receives a disposition of court | ||||||
21 | supervision for a violation of the Illinois Vehicle Code shall, | ||||||
22 | in addition to any other fines, fees, and court costs, pay an | ||||||
23 | additional fee of $20, to be disbursed as provided in Section | ||||||
24 | 16-104c of the Illinois Vehicle Code. In addition to the fee of | ||||||
25 | $20, the person shall also pay a fee of $5, if not waived by the | ||||||
26 | court. If this $5 fee is collected, $4.50 of the fee shall be |
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1 | deposited into the Circuit Court Clerk Operation and | ||||||
2 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
3 | and 50 cents of the fee shall be deposited into the Prisoner | ||||||
4 | Review Board Vehicle and Equipment Fund in the State treasury.
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5 | (f) Of the amounts collected as fines under subsection (b) | ||||||
6 | of Section 3-712 of the Illinois Vehicle Code, 99% shall be | ||||||
7 | deposited into the Illinois Military Family Relief Fund and 1% | ||||||
8 | shall be deposited into the Circuit Court Clerk Operation and | ||||||
9 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
10 | to be used to offset the costs incurred by the Circuit Court | ||||||
11 | Clerk in performing the additional duties required to collect | ||||||
12 | and disburse funds to entities of State and local government as | ||||||
13 | provided by law.
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14 | (Source: P.A. 93-800, eff. 1-1-05; 94-556, eff. 9-11-05; | ||||||
15 | 94-1009, eff. 1-1-07.)
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