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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 16-104d as follows: | |||||||||||||||||||||||
6 | (625 ILCS 5/16-104d new) | |||||||||||||||||||||||
7 | Sec. 16-104d. Additional fee; serious traffic violation. | |||||||||||||||||||||||
8 | Any person who is convicted of or pleads guilty to a serious | |||||||||||||||||||||||
9 | traffic violation, as defined in Section 1-187.001 of this | |||||||||||||||||||||||
10 | Code, shall pay an additional fee of $20. Of that fee, $7.50 | |||||||||||||||||||||||
11 | shall be deposited into the Fire Prevention Fund in the State | |||||||||||||||||||||||
12 | treasury, $7.50 shall be deposited into the Fire Truck | |||||||||||||||||||||||
13 | Revolving Loan Fund in the State treasury, and $5 shall be | |||||||||||||||||||||||
14 | deposited into the Circuit Court Clerk Operation and | |||||||||||||||||||||||
15 | Administrative Fund created by the Clerk of the Circuit Court. | |||||||||||||||||||||||
16 | This Section becomes inoperative 7 years after the | |||||||||||||||||||||||
17 | effective date of this amendatory Act of the 95th General | |||||||||||||||||||||||
18 | Assembly. | |||||||||||||||||||||||
19 | Section 10. The Clerks of Courts Act is amended by changing | |||||||||||||||||||||||
20 | Section 27.5 as follows: | |||||||||||||||||||||||
21 | (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
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1 | Sec. 27.5. (a) All fees, fines, costs, additional | ||||||
2 | penalties, bail balances
assessed or forfeited, and any other | ||||||
3 | amount paid by a person to the circuit
clerk that equals an | ||||||
4 | amount less than $55, except restitution under Section
5-5-6 of | ||||||
5 | the Unified Code of Corrections, reimbursement for the costs of | ||||||
6 | an
emergency response as provided under Section 11-501 of the | ||||||
7 | Illinois Vehicle
Code, any fees collected for attending a | ||||||
8 | traffic safety program under
paragraph (c) of Supreme Court | ||||||
9 | Rule 529, any fee collected on behalf of a
State's Attorney | ||||||
10 | under Section 4-2002 of the Counties Code or a sheriff under
| ||||||
11 | Section 4-5001 of the Counties Code, or any cost imposed under | ||||||
12 | Section 124A-5
of the Code of Criminal Procedure of 1963, for | ||||||
13 | convictions, orders of
supervision, or any other disposition | ||||||
14 | for a violation of Chapters 3, 4, 6,
11, and 12 of the Illinois | ||||||
15 | Vehicle Code, or a similar provision of a local
ordinance, and | ||||||
16 | any violation of the Child Passenger Protection Act, or a
| ||||||
17 | similar provision of a local ordinance, and except as provided | ||||||
18 | in subsection
(b) shall be disbursed within 60 days after | ||||||
19 | receipt by the circuit
clerk as follows: 47% shall be disbursed | ||||||
20 | to the entity authorized by law to
receive the fine imposed in | ||||||
21 | the case; 12% shall be disbursed to the State
Treasurer; and | ||||||
22 | 41% shall be disbursed to the county's general corporate fund.
| ||||||
23 | Of the 12% disbursed to the State Treasurer, 1/6 shall be | ||||||
24 | deposited by the
State Treasurer into the Violent Crime Victims | ||||||
25 | Assistance Fund, 1/2 shall be
deposited into the Traffic and | ||||||
26 | Criminal Conviction Surcharge Fund, and 1/3
shall be deposited |
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| |||||||
1 | into the Drivers Education Fund. For fiscal years 1992 and
| ||||||
2 | 1993, amounts deposited into the Violent Crime Victims | ||||||
3 | Assistance Fund, the
Traffic and Criminal Conviction Surcharge | ||||||
4 | Fund, or the Drivers Education Fund
shall not exceed 110% of | ||||||
5 | the amounts deposited into those funds in fiscal year
1991. Any | ||||||
6 | amount that exceeds the 110% limit shall be distributed as | ||||||
7 | follows:
50% shall be disbursed to the county's general | ||||||
8 | corporate fund and 50% shall be
disbursed to the entity | ||||||
9 | authorized by law to receive the fine imposed in the
case. Not | ||||||
10 | later than March 1 of each year the circuit clerk
shall submit | ||||||
11 | a report of the amount of funds remitted to the State
Treasurer | ||||||
12 | under this Section during the preceding year based upon
| ||||||
13 | independent verification of fines and fees. All counties shall | ||||||
14 | be subject
to this Section, except that counties with a | ||||||
15 | population under 2,000,000
may, by ordinance, elect not to be | ||||||
16 | subject to this Section. For offenses
subject to this Section, | ||||||
17 | judges shall impose one total sum of money payable
for | ||||||
18 | violations. The circuit clerk may add on no additional amounts | ||||||
19 | except
for amounts that are required by Sections 27.3a and | ||||||
20 | 27.3c of
this Act, unless those amounts are specifically waived | ||||||
21 | by the judge. With
respect to money collected by the circuit | ||||||
22 | clerk as a result of
forfeiture of bail, ex parte judgment or | ||||||
23 | guilty plea pursuant to Supreme
Court Rule 529, the circuit | ||||||
24 | clerk shall first deduct and pay amounts
required by Sections | ||||||
25 | 27.3a and 27.3c of this Act. This Section is a denial
and | ||||||
26 | limitation of home rule powers and functions under subsection |
| |||||||
| |||||||
1 | (h) of
Section 6 of Article VII of the Illinois Constitution.
| ||||||
2 | (b) The following amounts must be remitted to the State | ||||||
3 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| ||||||
4 | (1) 50% of the amounts collected for felony offenses | ||||||
5 | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||||||
6 | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||||||
7 | Animals Act and Section 26-5 of the Criminal Code of
1961;
| ||||||
8 | (2) 20% of the amounts collected for Class A and Class | ||||||
9 | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||||||
10 | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||||||
11 | for Animals Act and Section 26-5 of the Criminal
Code of | ||||||
12 | 1961; and
| ||||||
13 | (3) 50% of the amounts collected for Class C | ||||||
14 | misdemeanors under
Sections 4.01 and 7.1 of the Humane Care | ||||||
15 | for Animals Act and Section 26-5
of the Criminal Code of | ||||||
16 | 1961.
| ||||||
17 | (c) Any person who receives a disposition of court | ||||||
18 | supervision for a violation of the Illinois Vehicle Code shall, | ||||||
19 | in addition to any other fines, fees, and court costs, pay an | ||||||
20 | additional fee of $20, to be disbursed as provided in Section | ||||||
21 | 16-104c of the Illinois Vehicle Code. In addition to the fee of | ||||||
22 | $20, the person shall also pay a fee of $5, if not waived by the | ||||||
23 | court. If this $5 fee is collected, $4.50 of the fee shall be | ||||||
24 | deposited into the Circuit Court Clerk Operation and | ||||||
25 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
26 | and 50 cents of the fee shall be deposited into the Prisoner |
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1 | Review Board Vehicle and Equipment Fund in the State treasury. | ||||||
2 | (d) Any person convicted of or pleading guilty to a serious | ||||||
3 | traffic violation, as defined in Section 1-187.001 of the | ||||||
4 | Illinois Vehicle Code, shall pay an additional fee of $20, to | ||||||
5 | be disbursed as provided in Section 16-104d of that Code. | ||||||
6 | This subsection (d) becomes inoperative 7 years after the | ||||||
7 | effective date of this amendatory Act of the 95th General | ||||||
8 | Assembly.
| ||||||
9 | (Source: P.A. 93-800, eff. 1-1-05; 94-1009, eff. 1-1-07.)
| ||||||
10 | Section 15. The Unified Code of Corrections is amended by | ||||||
11 | changing Section 5-6-1 as follows:
| ||||||
12 | (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
| ||||||
13 | Sec. 5-6-1. Sentences of Probation and of Conditional
| ||||||
14 | Discharge and Disposition of Supervision.
The General Assembly | ||||||
15 | finds that in order to protect the public, the
criminal justice | ||||||
16 | system must compel compliance with the conditions of probation
| ||||||
17 | by responding to violations with swift, certain and fair | ||||||
18 | punishments and
intermediate sanctions. The Chief Judge of each | ||||||
19 | circuit shall adopt a system of
structured, intermediate | ||||||
20 | sanctions for violations of the terms and conditions
of a | ||||||
21 | sentence of probation, conditional discharge or disposition of
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22 | supervision.
| ||||||
23 | (a) Except where specifically prohibited by other
| ||||||
24 | provisions of this Code, the court shall impose a sentence
of |
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1 | probation or conditional discharge upon an offender
unless, | ||||||
2 | having regard to the nature and circumstance of
the offense, | ||||||
3 | and to the history, character and condition
of the offender, | ||||||
4 | the court is of the opinion that:
| ||||||
5 | (1) his imprisonment or periodic imprisonment is | ||||||
6 | necessary
for the protection of the public; or
| ||||||
7 | (2) probation or conditional discharge would deprecate
| ||||||
8 | the seriousness of the offender's conduct and would be
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9 | inconsistent with the ends of justice; or
| ||||||
10 | (3) a combination of imprisonment with concurrent or | ||||||
11 | consecutive probation when an offender has been admitted | ||||||
12 | into a drug court program under Section 20 of the Drug | ||||||
13 | Court Treatment Act is necessary for the protection of the | ||||||
14 | public and for the rehabilitation of the offender.
| ||||||
15 | The court shall impose as a condition of a sentence of | ||||||
16 | probation,
conditional discharge, or supervision, that the | ||||||
17 | probation agency may invoke any
sanction from the list of | ||||||
18 | intermediate sanctions adopted by the chief judge of
the | ||||||
19 | circuit court for violations of the terms and conditions of the | ||||||
20 | sentence of
probation, conditional discharge, or supervision, | ||||||
21 | subject to the provisions of
Section 5-6-4 of this Act.
| ||||||
22 | (b) The court may impose a sentence of conditional
| ||||||
23 | discharge for an offense if the court is of the opinion
that | ||||||
24 | neither a sentence of imprisonment nor of periodic
imprisonment | ||||||
25 | nor of probation supervision is appropriate.
| ||||||
26 | (b-1) Subsections (a) and (b) of this Section do not apply |
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1 | to a defendant charged with a misdemeanor or felony under the | ||||||
2 | Illinois Vehicle Code or reckless homicide under Section 9-3 of | ||||||
3 | the Criminal Code of 1961 if the defendant within the past 12 | ||||||
4 | months has been convicted of or pleaded guilty to a misdemeanor | ||||||
5 | or felony under the Illinois Vehicle Code or reckless homicide | ||||||
6 | under Section 9-3 of the Criminal Code of 1961. | ||||||
7 | (c) The court may, upon a plea of guilty or a stipulation
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8 | by the defendant of the facts supporting the charge or a
| ||||||
9 | finding of guilt, defer further proceedings and the
imposition | ||||||
10 | of a sentence, and enter an order for supervision of the | ||||||
11 | defendant,
if the defendant is not charged with: (i) a Class A | ||||||
12 | misdemeanor, as
defined by the following provisions of the | ||||||
13 | Criminal Code of 1961: Sections
11-9.1; 12-3.2; 12-15; 26-5; | ||||||
14 | 31-1; 31-6; 31-7; subsections (b) and (c) of Section
21-1;
| ||||||
15 | paragraph (1) through (5), (8), (10), and (11) of subsection | ||||||
16 | (a) of Section
24-1; (ii) a Class A misdemeanor violation of | ||||||
17 | Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals | ||||||
18 | Act; or (iii)
felony.
If the defendant
is not barred from | ||||||
19 | receiving an order for supervision as provided in this
| ||||||
20 | subsection, the court may enter an order for supervision after | ||||||
21 | considering the
circumstances of the offense, and the history,
| ||||||
22 | character and condition of the offender, if the court is of the | ||||||
23 | opinion
that:
| ||||||
24 | (1) the offender is not likely to commit further | ||||||
25 | crimes;
| ||||||
26 | (2) the defendant and the public would be best served |
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| |||||||
1 | if the
defendant were not to receive a criminal record; and
| ||||||
2 | (3) in the best interests of justice an order of | ||||||
3 | supervision
is more appropriate than a sentence otherwise | ||||||
4 | permitted under this Code.
| ||||||
5 | (d) The provisions of paragraph (c) shall not apply to a | ||||||
6 | defendant charged
with violating Section 11-501 of the Illinois | ||||||
7 | Vehicle Code or a similar
provision of a local
ordinance when | ||||||
8 | the defendant has previously been:
| ||||||
9 | (1) convicted for a violation of Section 11-501 of
the | ||||||
10 | Illinois Vehicle
Code or a similar provision of a
local | ||||||
11 | ordinance or any similar law or ordinance of another state; | ||||||
12 | or
| ||||||
13 | (2) assigned supervision for a violation of Section | ||||||
14 | 11-501 of the Illinois
Vehicle Code or a similar provision | ||||||
15 | of a local ordinance or any similar law
or ordinance of | ||||||
16 | another state; or
| ||||||
17 | (3) pleaded guilty to or stipulated to the facts | ||||||
18 | supporting
a charge or a finding of guilty to a violation | ||||||
19 | of Section 11-503 of the
Illinois Vehicle Code or a similar | ||||||
20 | provision of a local ordinance or any
similar law or | ||||||
21 | ordinance of another state, and the
plea or stipulation was | ||||||
22 | the result of a plea agreement.
| ||||||
23 | The court shall consider the statement of the prosecuting
| ||||||
24 | authority with regard to the standards set forth in this | ||||||
25 | Section.
| ||||||
26 | (e) The provisions of paragraph (c) shall not apply to a |
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| |||||||
1 | defendant
charged with violating Section 16A-3 of the Criminal | ||||||
2 | Code of 1961 if said
defendant has within the last 5 years | ||||||
3 | been:
| ||||||
4 | (1) convicted for a violation of Section 16A-3 of the | ||||||
5 | Criminal Code of
1961; or
| ||||||
6 | (2) assigned supervision for a violation of Section | ||||||
7 | 16A-3 of the Criminal
Code of 1961.
| ||||||
8 | The court shall consider the statement of the prosecuting | ||||||
9 | authority with
regard to the standards set forth in this | ||||||
10 | Section.
| ||||||
11 | (f) The provisions of paragraph (c) shall not apply to a | ||||||
12 | defendant
charged with violating Sections 15-111, 15-112, | ||||||
13 | 15-301, paragraph (b)
of Section 6-104, Section 11-605, or | ||||||
14 | Section 11-1414
of the Illinois Vehicle Code or a similar | ||||||
15 | provision of a local ordinance.
| ||||||
16 | (g) Except as otherwise provided in paragraph (i) of this | ||||||
17 | Section, the
provisions of paragraph (c) shall not apply to a
| ||||||
18 | defendant charged with violating Section
3-707, 3-708, 3-710, | ||||||
19 | or 5-401.3
of the Illinois Vehicle Code or a similar provision | ||||||
20 | of a local ordinance if the
defendant has within the last 5 | ||||||
21 | years been:
| ||||||
22 | (1) convicted for a violation of Section 3-707, 3-708, | ||||||
23 | 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | ||||||
24 | provision of a local
ordinance; or
| ||||||
25 | (2) assigned supervision for a violation of Section | ||||||
26 | 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle |
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| |||||||
1 | Code or a similar provision of a local
ordinance.
| ||||||
2 | The court shall consider the statement of the prosecuting | ||||||
3 | authority with
regard to the standards set forth in this | ||||||
4 | Section.
| ||||||
5 | (h) The provisions of paragraph (c) shall not apply to a | ||||||
6 | defendant under
the age of 21 years charged with violating a | ||||||
7 | serious traffic offense as defined
in Section 1-187.001 of the | ||||||
8 | Illinois Vehicle Code:
| ||||||
9 | (1) unless the defendant, upon payment of the fines, | ||||||
10 | penalties, and costs
provided by law, agrees to attend and | ||||||
11 | successfully complete a traffic safety
program approved by | ||||||
12 | the court under standards set by the Conference of Chief
| ||||||
13 | Circuit Judges. The accused shall be responsible for | ||||||
14 | payment of any traffic
safety program fees. If the accused | ||||||
15 | fails to file a certificate of
successful completion on or | ||||||
16 | before the termination date of the supervision
order, the | ||||||
17 | supervision shall be summarily revoked and conviction | ||||||
18 | entered. The
provisions of Supreme Court Rule 402 relating | ||||||
19 | to pleas of guilty do not apply
in cases when a defendant | ||||||
20 | enters a guilty plea under this provision; or
| ||||||
21 | (2) if the defendant has previously been sentenced | ||||||
22 | under the provisions of
paragraph (c) on or after January | ||||||
23 | 1, 1998 for any serious traffic offense as
defined in | ||||||
24 | Section 1-187.001 of the Illinois Vehicle Code.
| ||||||
25 | (i) The provisions of paragraph (c) shall not apply to a | ||||||
26 | defendant charged
with violating Section 3-707 of the Illinois |
| |||||||
| |||||||
1 | Vehicle Code or a similar
provision of a local ordinance if the | ||||||
2 | defendant has been assigned supervision
for a violation of | ||||||
3 | Section 3-707 of the Illinois Vehicle Code or a similar
| ||||||
4 | provision of a local ordinance.
| ||||||
5 | (j) The provisions of paragraph (c) shall not apply to a
| ||||||
6 | defendant charged with violating
Section 6-303 of the Illinois | ||||||
7 | Vehicle Code or a similar provision of
a local ordinance when | ||||||
8 | the revocation or suspension was for a violation of
Section | ||||||
9 | 11-501 or a similar provision of a local ordinance, a violation | ||||||
10 | of
Section 11-501.1 or paragraph (b) of Section 11-401 of the | ||||||
11 | Illinois Vehicle
Code, or a violation of Section 9-3 of the | ||||||
12 | Criminal Code of 1961 if the
defendant has within the last 10 | ||||||
13 | years been:
| ||||||
14 | (1) convicted for a violation of Section 6-303 of the | ||||||
15 | Illinois Vehicle
Code or a similar provision of a local | ||||||
16 | ordinance; or
| ||||||
17 | (2) assigned supervision for a violation of Section | ||||||
18 | 6-303 of the Illinois
Vehicle Code or a similar provision | ||||||
19 | of a local ordinance. | ||||||
20 | (k) The provisions of paragraph (c) shall not apply to a
| ||||||
21 | defendant charged with violating
any provision of the Illinois | ||||||
22 | Vehicle Code or a similar provision of a local ordinance that | ||||||
23 | governs the movement of vehicles if, within the 12 months | ||||||
24 | preceding the date of the defendant's arrest, the defendant has | ||||||
25 | been assigned court supervision on 2 occasions for a violation | ||||||
26 | that governs the movement of vehicles under the Illinois |
| |||||||
| |||||||
1 | Vehicle Code or a similar provision of a local ordinance.
| ||||||
2 | (l) A defendant charged with violating any provision of the | ||||||
3 | Illinois Vehicle Code who, after a court appearance in the same | ||||||
4 | matter, receives a disposition of supervision under subsection | ||||||
5 | (c) shall pay an additional fee of $20, to be collected as | ||||||
6 | provided in Sections 27.5 and 27.6 of the Clerks of Courts Act. | ||||||
7 | In addition to the $20 fee, the person shall also pay a fee of | ||||||
8 | $5, which, if not waived by the court, shall be collected as | ||||||
9 | provided in Sections 27.5 and 27.6 of the Clerks of Courts Act. | ||||||
10 | The $20 fee shall be disbursed as provided in Section 16-104c | ||||||
11 | of the Illinois Vehicle Code. If the $5 fee is collected, $4.50 | ||||||
12 | of the fee shall be deposited into the Circuit Court Clerk | ||||||
13 | Operation and Administrative Fund created by the Clerk of the | ||||||
14 | Circuit Court and 50 cents of the fee shall be deposited into | ||||||
15 | the Prisoner Review Board Vehicle and Equipment Fund in the | ||||||
16 | State treasury. | ||||||
17 | (m) Any person convicted of or pleading guilty to a serious | ||||||
18 | traffic violation, as defined in Section 1-187.001 of the | ||||||
19 | Illinois Vehicle Code, shall pay an additional fee of $20, to | ||||||
20 | be disbursed as provided in Section 16-104d of that Code. | ||||||
21 | This subsection (m) becomes inoperative 7 years after the | ||||||
22 | effective date of this amendatory Act of the 95th General | ||||||
23 | Assembly.
| ||||||
24 | (Source: P.A. 93-388, eff. 7-25-03; 93-1014, eff. 1-1-05; | ||||||
25 | 94-169, eff. 1-1-06; 94-330, eff. 1-1-06; 94-375, eff. 1-1-06; | ||||||
26 | 94-1009, eff. 1-1-07.)
|
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| |||||||
1 | Section 99. Effective date. This Act takes effect 60 days | ||||||
2 | after becoming law.
|