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1 | AN ACT concerning criminal law.
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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 State Finance Act is amended by adding | ||||||
5 | Section 5.675 as follows: | ||||||
6 | (30 ILCS 105/5.675 new) | ||||||
7 | Sec. 5.675. The Sex Offender Investigation Fund. | ||||||
8 | Section 10. The Clerks of Courts Act is amended by changing | ||||||
9 | Section 27.6 as follows: | ||||||
10 | (705 ILCS 105/27.6)
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11 | Sec. 27.6. (a) All fees, fines, costs, additional | ||||||
12 | penalties, bail balances
assessed or forfeited, and any other | ||||||
13 | amount paid by a person to the circuit
clerk equalling an | ||||||
14 | amount of $55 or more, except the fine imposed by Section | ||||||
15 | 5-9-1.14 of the Unified Code of Corrections, the additional fee | ||||||
16 | required
by subsections (b) and (c), restitution under Section | ||||||
17 | 5-5-6 of the
Unified Code of Corrections, reimbursement for the | ||||||
18 | costs of an emergency
response as provided under Section 11-501 | ||||||
19 | of the Illinois Vehicle Code,
any fees collected for attending | ||||||
20 | a traffic safety program under paragraph (c)
of Supreme Court | ||||||
21 | 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 subsection (d) shall be disbursed
within 60 days after | ||||||
10 | receipt by the circuit
clerk as follows: 44.5% shall be | ||||||
11 | disbursed to the entity authorized by law to
receive the fine | ||||||
12 | imposed in the case; 16.825% shall be disbursed to the State
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13 | 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 | (Source: P.A. 93-800, eff. 1-1-05; 94-556, eff. 9-11-05; | ||||||
6 | 94-1009, eff. 1-1-07.)
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7 | Section 15. The Unified Code of Corrections is amended by | ||||||
8 | adding Section 5-9-1.14 as follows: | ||||||
9 | (730 ILCS 5/5-9-1.14 new) | ||||||
10 | Sec. 5-9-1.14. Sex offender fines. | ||||||
11 | (a) There shall be added to
every penalty imposed in | ||||||
12 | sentencing for a sex offense as defined in Section 2 of the Sex | ||||||
13 | Offender Registration Act an
additional fine in the amount of | ||||||
14 | $500 to be imposed upon a plea of guilty,
stipulation of facts | ||||||
15 | or finding of guilty resulting in a judgment of
conviction or | ||||||
16 | order of supervision. | ||||||
17 | (b) Such additional amount shall be assessed by the court | ||||||
18 | imposing sentence
and shall be collected by the circuit clerk | ||||||
19 | in addition to the fine, if
any, and costs in the case. Each | ||||||
20 | such additional penalty shall be remitted
by the circuit clerk | ||||||
21 | within one month after receipt to the State Treasurer
for | ||||||
22 | deposit into the Sex Offender Investigation Fund. The
circuit | ||||||
23 | clerk shall retain 10% of such penalty to cover the costs | ||||||
24 | incurred
in administering and enforcing this Section. Such |
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1 | additional penalty shall
not be considered a part of the fine | ||||||
2 | for purposes of any reduction in the
fine for time served | ||||||
3 | either before or after sentencing.
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4 | (c) Not later than March 1 of each year the clerk of the | ||||||
5 | circuit court shall
submit to the State Comptroller a report of | ||||||
6 | the amount of funds remitted by
him or her to the State | ||||||
7 | Treasurer under this Section during the preceding calendar
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8 | year. Except as otherwise provided by Supreme Court Rules, if a | ||||||
9 | court in
sentencing an offender levies a gross amount for fine, | ||||||
10 | costs, fees and
penalties, the amount of the additional penalty | ||||||
11 | provided for herein shall
be collected from the amount | ||||||
12 | remaining after deducting from the gross
amount levied all fees | ||||||
13 | of the circuit clerk, the State's Attorney, and the
sheriff. | ||||||
14 | After deducting from the gross amount levied the fees and
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15 | additional penalty provided for herein, less any other | ||||||
16 | additional penalties
provided by law, the clerk shall remit | ||||||
17 | $100 of each $500 additional fine imposed under this Section to | ||||||
18 | the State's Attorney of the county which prosecuted the case or | ||||||
19 | the local law enforcement agency that investigated the case | ||||||
20 | leading to the defendant's judgment of conviction or order of | ||||||
21 | supervision and after such remission the net balance remaining | ||||||
22 | to the
entity authorized by law to receive the fine imposed in | ||||||
23 | the case. For
purposes of this Section "fees of the circuit | ||||||
24 | clerk" shall include, if
applicable, the fee provided for under | ||||||
25 | Section 27.3a of the Clerks of
Courts Act and the fee, if | ||||||
26 | applicable, payable to the county in which the
violation |
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1 | occurred under Section 5-1101 of the Counties Code. | ||||||
2 | (d) Subject to appropriation, moneys in the Sex Offender | ||||||
3 | Investigation Fund shall be used by the Department of State | ||||||
4 | Police to investigate alleged sex offenses and to make grants | ||||||
5 | to local law enforcement agencies to investigate alleged sex | ||||||
6 | offenses as such grants are awarded by the Director of State | ||||||
7 | Police under rules established by the Director of State Police.
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