97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5178
 
Introduced 2/8/2012, by Rep. Deborah Mell
 
SYNOPSIS AS INTRODUCED:
 

 
  
415 ILCS 105/8  from Ch. 38, par. 86-8

     Amends the Litter Control Act. Provides that a person who violates a specific provision of the Act is subject to a mandatory minimum fine of $50.
  


LRB097 18396 JDS 63622 b

FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
HB5178LRB097 18396 JDS 63622 b


  
1    AN ACT concerning safety.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Litter Control Act is amended  by changing 
5Section 8 as follows:
 



6    (415 ILCS 105/8)  (from Ch. 38, par. 86-8)



7    Sec. 8. Persons who violate any of Sections 4 through 7 are 
8subject to the
penalties set out in this Section.

9    (a) Any person convicted of a violation of Section 4, 5, 6 
10or 7 is
guilty of a Class B misdemeanor.  A second conviction 
11for an offense
committed after the first conviction is a Class 
12A misdemeanor.  A third or
subsequent violation, committed after 
13a second conviction is a Class 4
felony.

14    (b) In addition to any fine imposed under this Act, the 
15court may order
that the person convicted of such a violation 
16remove and properly dispose
of the litter, may employ special 
17bailiffs to supervise such removal and
disposal, and may tax 
18the costs of such supervision as costs against the
person so 
19convicted.

20    (c) The penalties prescribed in this Section are in 
21addition to, and not
in lieu of, any penalties, rights, 
22remedies, duties or liabilities
otherwise imposed or conferred 
23by law.

 
 
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1    (d) An individual convicted of violating Section 4 or 
2Section 5 of this Act by disposing of litter upon a public 
3highway may, in addition to any other penalty, be required to 
4maintain litter control for 30 days over a designated portion 
5of that highway, including, at the discretion of the agency 
6having jurisdiction over the section of highway in question, 
7the site where the offense occurred, as provided in Section 50 
8of the Illinois Adopt-A-Highway Act.
9    (e) A mandatory minimum fine of $50 must be imposed against 
10any person who is convicted of violating  Section 5 of this Act.

11(Source: P.A. 94-1044, eff. 1-1-07.)