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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 Violent Crime Victims Assistance Act is | ||||||
5 | amended by changing Section 10 as follows:
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6 | (725 ILCS 240/10) (from Ch. 70, par. 510)
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7 | Sec. 10. Violent Crime Victims Assistance Fund.
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8 | (a) The "Violent Crime Victims Assistance Fund" is created | ||||||
9 | as a special
fund in the State Treasury to provide monies for | ||||||
10 | the grants to be awarded
under this Act.
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11 | (b) On and after September 18, 1986, there shall be an | ||||||
12 | additional penalty
collected from each defendant upon
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13 | conviction of any felony or upon conviction of or disposition
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14 | of supervision for any misdemeanor, or upon conviction of or | ||||||
15 | disposition of
supervision for any offense under the Illinois | ||||||
16 | Vehicle Code, exclusive of
offenses enumerated in paragraph | ||||||
17 | (a)(2) of
Section 6-204 of that Code, and exclusive of any | ||||||
18 | offense enumerated in Article
VI of Chapter 11 of that Code | ||||||
19 | relating
to restrictions, regulations and limitations on the | ||||||
20 | speed at which a motor
vehicle is driven or operated, an | ||||||
21 | additional penalty of $4
for each $40, or fraction thereof, of | ||||||
22 | fine imposed. Such additional
amounts shall be collected by the | ||||||
23 | Clerk
of the Circuit Court in addition to the fine and costs in |
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1 | the case. Each
such additional penalty collected under this | ||||||
2 | subsection (b) or subsection
(c) of this Section shall be | ||||||
3 | remitted by the Clerk of the Circuit Court
within one month | ||||||
4 | after receipt to the State Treasurer for deposit into the
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5 | Violent Crime Victims Assistance Fund, except as provided in | ||||||
6 | subsection
(g) of this Section. Such additional penalty shall | ||||||
7 | not
be considered a part of the fine for purposes of any | ||||||
8 | reduction made in the
fine for time served either before or | ||||||
9 | after sentencing. Not later than
March 1 of each year the Clerk | ||||||
10 | of the Circuit Court shall submit to the
State Comptroller a | ||||||
11 | report of the amount of funds remitted by him to the
State | ||||||
12 | Treasurer under this Section during the preceding calendar | ||||||
13 | year.
Except as otherwise provided by Supreme Court Rules, if a | ||||||
14 | court in
sentencing an offender levies a gross amount for fine, | ||||||
15 | costs, fees and
penalties, the amount of the additional penalty | ||||||
16 | provided for herein shall
be computed on the amount remaining | ||||||
17 | after deducting from the gross amount
levied all fees of the | ||||||
18 | Circuit Clerk, the State's Attorney and the Sheriff.
After | ||||||
19 | deducting from the gross amount levied the fees and additional
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20 | penalty provided for herein, less any other additional | ||||||
21 | penalties provided
by law, the clerk shall remit the net | ||||||
22 | balance remaining to the entity
authorized by law to receive | ||||||
23 | the fine imposed in the case. For purposes of
this Section | ||||||
24 | "fees of the Circuit Clerk" shall include, if applicable, the
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25 | fee provided for under Section 27.3a of the Clerks of Courts | ||||||
26 | Act and the
fee, if applicable, payable to the county in which |
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1 | the violation occurred
pursuant to Section 5-1101 of the | ||||||
2 | Counties Code.
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3 | (c) In addition to any other penalty or fine imposed by the | ||||||
4 | court, when When any person is convicted in Illinois on or | ||||||
5 | after August 28,
1986, of an offense listed below, or placed on | ||||||
6 | supervision for such an
offense on or after September 18, 1986, | ||||||
7 | and no other fine is imposed , the
following penalty shall be | ||||||
8 | collected by the Circuit Court Clerk:
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9 | (1) $25, for any crime of violence as defined in | ||||||
10 | subsection (c) of
Section 2 of the Crime Victims | ||||||
11 | Compensation Act; and
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12 | (2) $20, for any other felony or misdemeanor, excluding
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13 | any conservation offense.
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14 | Such charge shall not be subject to the provisions of | ||||||
15 | Section 110-14 of
the Code of Criminal Procedure of 1963.
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16 | (d) Monies forfeited, and proceeds from the sale of | ||||||
17 | property forfeited
and seized, under the forfeiture provisions | ||||||
18 | of Section 11-20.1A of the
Criminal Code of 1961 shall be | ||||||
19 | accepted for the Violent Crime Victims
Assistance Fund.
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20 | (e) Investment income which is attributable to the | ||||||
21 | investment of monies
in the Violent Crime Victims Assistance | ||||||
22 | Fund shall be credited to that fund
for uses specified in this | ||||||
23 | Act. The Treasurer shall provide the Attorney
General a monthly | ||||||
24 | status report on the amount of money in the Fund.
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25 | (f) Monies from the fund may be granted on and after July | ||||||
26 | 1, 1984.
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1 | (g) All amounts and charges imposed under this Section for | ||||||
2 | any
violation of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
3 | Vehicle Code, or a
similar provision of a local ordinance, or | ||||||
4 | any violation of the Child
Passenger Protection Act, or a | ||||||
5 | similar provision of a local ordinance,
shall be collected and | ||||||
6 | disbursed by the circuit clerk as provided under
Section 27.5 | ||||||
7 | of the Clerks of Courts Act.
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8 | (Source: P.A. 89-688, eff. 6-1-97; 90-372, eff. 7-1-98.)
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