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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 changing | ||||||||||||||||||||||||
5 | Section 16-105 as follows:
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6 | (625 ILCS 5/16-105) (from Ch. 95 1/2, par. 16-105)
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7 | Sec. 16-105. Disposition of fines and forfeitures.
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8 | (a) Except as provided in Section 16-104a of this Act and | ||||||||||||||||||||||||
9 | except for
those amounts required to be paid into the Traffic | ||||||||||||||||||||||||
10 | and Criminal Conviction
Surcharge Fund in the State Treasury | ||||||||||||||||||||||||
11 | pursuant to Section 9.1 of the
Illinois Police Training Act and | ||||||||||||||||||||||||
12 | Section 5-9-1 of the Unified Code of
Corrections and except | ||||||||||||||||||||||||
13 | those amounts subject to disbursement by the circuit
clerk | ||||||||||||||||||||||||
14 | under Section 27.5 of the Clerks of Courts Act, fines and | ||||||||||||||||||||||||
15 | penalties
recovered under the provisions of Chapters 3 11 | ||||||||||||||||||||||||
16 | through 18d 16 inclusive of this
Code shall be paid and used as | ||||||||||||||||||||||||
17 | follows:
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18 | 1. For offenses committed upon a highway within the | ||||||||||||||||||||||||
19 | limits of a
city, village, or incorporated town or under | ||||||||||||||||||||||||
20 | the jurisdiction of any
park district, to the treasurer of | ||||||||||||||||||||||||
21 | the particular city, village,
incorporated town or park | ||||||||||||||||||||||||
22 | district, if the violator was arrested by the
authorities | ||||||||||||||||||||||||
23 | of the city, village, incorporated town or park district,
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1 | provided the police officers and officials of cities, | ||||||
2 | villages,
incorporated towns and park districts shall | ||||||
3 | seasonably prosecute for all
fines and penalties under this | ||||||
4 | Code. If the violation is prosecuted by
the authorities of | ||||||
5 | the county, any fines or penalties recovered shall be | ||||||
6 | disbursed pursuant to Supreme Court Rule 529
paid to the | ||||||
7 | county treasurer . Provided further that if the violator was
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8 | arrested by the State Police, the State Police's portion of | ||||||
9 | the fine shall be deposited into the State Police Vehicle | ||||||
10 | Fund except that fines and penalties recovered under the
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11 | provisions of paragraph (a) of Section 15-113 of this Code | ||||||
12 | or paragraph (e)
of Section 15-316 of this Code shall be | ||||||
13 | paid
over to the Department of State Police which shall | ||||||
14 | thereupon remit the
amount of the fines and penalties so | ||||||
15 | received to the State Treasurer who shall
deposit the | ||||||
16 | amount so remitted in the special fund in the State | ||||||
17 | treasury
known as the Road Fund except that if the | ||||||
18 | violation is prosecuted by the
State's Attorney, 10% of the | ||||||
19 | fine or penalty recovered shall be paid to
the State's | ||||||
20 | Attorney as a fee of his office and the balance shall be
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21 | paid over to the Department of State Police for remittance | ||||||
22 | to and
deposit by the State Treasurer as hereinabove | ||||||
23 | provided.
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24 | 2. Except as provided in paragraph 4, for offenses | ||||||
25 | committed upon any
highway outside the limits of a
city, | ||||||
26 | village, incorporated town or park district, to the county
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1 | treasurer of the county where the offense was committed | ||||||
2 | except if such
offense was committed on a highway | ||||||
3 | maintained by or under the
supervision of a township, | ||||||
4 | township district, or a road district to the
Treasurer | ||||||
5 | thereof for deposit in the road and bridge fund of such
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6 | township or other district; Provided, that fines and | ||||||
7 | penalties recovered
under the provisions of paragraph (a) | ||||||
8 | of Section 15-113, paragraph (d) of
Section 3-401, or | ||||||
9 | paragraph (e) of Section 15-316 of this Code shall
be paid | ||||||
10 | over to the Department of State Police which shall | ||||||
11 | thereupon remit
the amount of the fines and penalties so | ||||||
12 | received to the State Treasurer
who shall deposit the | ||||||
13 | amount so remitted in the special fund in the State
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14 | treasury known as the Road Fund except that if the | ||||||
15 | violation is prosecuted
by the State's Attorney, 10% of the | ||||||
16 | fine or penalty recovered shall be paid
to the State's | ||||||
17 | Attorney as a fee of his office and the balance shall be
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18 | paid over to the Department of State Police for remittance | ||||||
19 | to and deposit
by the State Treasurer as hereinabove | ||||||
20 | provided.
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21 | 3. Notwithstanding subsections 1 and 2 of this | ||||||
22 | paragraph, for violations
of overweight and overload | ||||||
23 | limits found in Sections 15-101 through 15-203
of this | ||||||
24 | Code, which are committed upon the highways belonging to | ||||||
25 | the Illinois
State Toll Highway Authority, fines and | ||||||
26 | penalties shall be paid over to
the Illinois State Toll |
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1 | Highway Authority for deposit with the State Treasurer
into | ||||||
2 | that special fund known as the Illinois State Toll Highway | ||||||
3 | Authority
Fund, except that if the violation is prosecuted | ||||||
4 | by the State's Attorney,
10% of the fine or penalty | ||||||
5 | recovered shall be paid to the State's Attorney
as a fee of | ||||||
6 | his office and the balance shall be paid over to the | ||||||
7 | Illinois
State Toll Highway Authority for remittance to and | ||||||
8 | deposit by the State
Treasurer as hereinabove provided.
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9 | 4. With regard to violations of overweight and overload | ||||||
10 | limits found in
Sections 15-101 through 15-203 of this Code | ||||||
11 | committed by operators of vehicles
registered as Special | ||||||
12 | Hauling Vehicles, for offenses committed upon a highway
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13 | within the limits of a city, village, or incorporated town | ||||||
14 | or under the
jurisdiction of any park district, all fines | ||||||
15 | and penalties shall be paid over
or retained as required in | ||||||
16 | paragraph 1. However, with regard to the above
offenses | ||||||
17 | committed by operators of vehicles registered as Special | ||||||
18 | Hauling
Vehicles upon any highway outside the limits of a | ||||||
19 | city, village, incorporated
town or park district, fines | ||||||
20 | and penalties shall be paid over or retained by
the entity | ||||||
21 | having jurisdiction over the road or highway upon which the | ||||||
22 | offense
occurred, except that if the violation is | ||||||
23 | prosecuted by the State's Attorney,
10% of the fine or | ||||||
24 | penalty recovered shall be paid to the State's Attorney as | ||||||
25 | a
fee of his office.
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26 | (b) Failure, refusal or neglect on the part of any judicial |
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1 | or other
officer or employee receiving or having custody of any | ||||||
2 | such fine or
forfeiture either before or after a deposit with | ||||||
3 | the proper official as
defined in paragraph (a) of this | ||||||
4 | Section, shall constitute misconduct in
office and shall be | ||||||
5 | grounds for removal therefrom.
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6 | (Source: P.A. 88-403; 88-476; 88-535; 89-117, eff. 7-7-95.)
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