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HB4289 Engrossed |
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LRB095 15492 RLC 41485 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 Violent Crime Victims Assistance Act is |
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| amended by changing Section 10 as follows:
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| (725 ILCS 240/10) (from Ch. 70, par. 510)
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| Sec. 10. Violent Crime Victims Assistance Fund.
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| (a) The "Violent Crime Victims Assistance Fund" is created |
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| as a special
fund in the State Treasury to provide monies for |
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| the grants to be awarded
under this Act.
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| (b) On and after September 18, 1986, there shall be an |
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| additional penalty
collected from each defendant upon
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| conviction of any felony or upon conviction of or disposition
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| of supervision for any misdemeanor, or upon conviction of or |
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| disposition of
supervision for any offense under the Illinois |
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| Vehicle Code, exclusive of
offenses enumerated in paragraph |
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| (a)(2) of
Section 6-204 of that Code, and exclusive of any |
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| offense enumerated in Article
VI of Chapter 11 of that Code |
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| relating
to restrictions, regulations and limitations on the |
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| speed at which a motor
vehicle is driven or operated, an |
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| additional penalty of $4
for each $40, or fraction thereof, of |
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| fine imposed. Such additional
amounts shall be collected by the |
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| Clerk
of the Circuit Court in addition to the fine and costs in |
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HB4289 Engrossed |
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LRB095 15492 RLC 41485 b |
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| the case. Each
such additional penalty collected under this |
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| subsection (b) or subsection
(c) of this Section shall be |
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| remitted by the Clerk of the Circuit Court
within one month |
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| after receipt to the State Treasurer for deposit into the
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| Violent Crime Victims Assistance Fund, except as provided in |
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| subsection
(g) of this Section. Such additional penalty shall |
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| not
be considered a part of the fine for purposes of any |
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| reduction made in the
fine for time served either before or |
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| after sentencing. Not later than
March 1 of each year the Clerk |
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| of the Circuit Court shall submit to the
State Comptroller a |
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| report of the amount of funds remitted by him to the
State |
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| Treasurer under this Section during the preceding calendar |
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| year.
Except as otherwise provided by Supreme Court Rules, if a |
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| court in
sentencing an offender levies a gross amount for fine, |
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| costs, fees and
penalties, the amount of the additional penalty |
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| provided for herein shall
be computed on the amount remaining |
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| after deducting from the gross amount
levied all fees of the |
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| Circuit Clerk, the State's Attorney and the Sheriff.
After |
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| deducting from the gross amount levied the fees and additional
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| penalty provided for herein, less any other additional |
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| penalties provided
by law, the clerk shall remit the net |
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| balance remaining to the entity
authorized by law to receive |
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| the fine imposed in the case. For purposes of
this Section |
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| "fees of the Circuit Clerk" shall include, if applicable, the
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| fee provided for under Section 27.3a of the Clerks of Courts |
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| Act and the
fee, if applicable, payable to the county in which |
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HB4289 Engrossed |
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LRB095 15492 RLC 41485 b |
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| the violation occurred
pursuant to Section 5-1101 of the |
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| Counties Code.
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| (c) In addition to any other penalty or fine imposed by the |
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| court, when When any person is convicted in Illinois on or |
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| after August 28,
1986, of an offense listed below, or placed on |
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| supervision for such an
offense on or after September 18, 1986, |
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| and no other fine is imposed, the
following penalty shall be |
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| collected by the Circuit Court Clerk:
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| (1) $25, for any crime of violence as defined in |
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| subsection (c) of
Section 2 of the Crime Victims |
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| Compensation Act; and
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| (2) $20, for any other felony or misdemeanor, excluding
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| any conservation offense.
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| Such charge shall not be subject to the provisions of |
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| Section 110-14 of
the Code of Criminal Procedure of 1963.
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| (d) Monies forfeited, and proceeds from the sale of |
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| property forfeited
and seized, under the forfeiture provisions |
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| of Section 11-20.1A of the
Criminal Code of 1961 shall be |
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| accepted for the Violent Crime Victims
Assistance Fund.
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| (e) Investment income which is attributable to the |
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| investment of monies
in the Violent Crime Victims Assistance |
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| Fund shall be credited to that fund
for uses specified in this |
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| Act. The Treasurer shall provide the Attorney
General a monthly |
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| status report on the amount of money in the Fund.
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| (f) Monies from the fund may be granted on and after July |
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| 1, 1984.
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HB4289 Engrossed |
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LRB095 15492 RLC 41485 b |
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| (g) All amounts and charges imposed under this Section for |
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| any
violation of Chapters 3, 4, 6, and 11 of the Illinois |
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| Vehicle Code, or a
similar provision of a local ordinance, or |
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| any violation of the Child
Passenger Protection Act, or a |
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| similar provision of a local ordinance,
shall be collected and |
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| disbursed by the circuit clerk as provided under
Section 27.5 |
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| of the Clerks of Courts Act.
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| (Source: P.A. 89-688, eff. 6-1-97; 90-372, eff. 7-1-98.)
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