Sen. Kwame Raoul

Filed: 4/4/2014

 

 


 

 


 
09800SB0503sam002LRB098 04696 MRW 58153 a

1
AMENDMENT TO SENATE BILL 503

2    AMENDMENT NO. ______. Amend Senate Bill 503 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The State Police Act is amended by changing
5Section 7.2 as follows:
 
6    (20 ILCS 2610/7.2)
7    Sec. 7.2. State Police Merit Board Public Safety Fund.
8    (a) A special fund in the State treasury is hereby created
9which shall be known as the State Police Merit Board Public
10Safety Fund. The Fund shall be used by the State Police Merit
11Board to provide a cadet program for State Police personnel and
12to meet all costs associated with the functions of the State
13Police Merit Board. Notwithstanding any other law to the
14contrary, the State Police Merit Board Public Safety Fund is
15not subject to sweeps, administrative charge-backs, or any
16other fiscal or budgetary maneuver that would in any way

 

 

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1transfer any amounts from the State Police Merit Board Public
2Safety Fund into any other fund of the State.
3    (b) The Fund may receive State appropriations, gifts,
4grants, and federal funds and shall include earnings from the
5investment of moneys in the Fund.
6    (c) The administration of this Fund shall be the
7responsibility of the State Police Merit Board. The Board shall
8establish terms and conditions for the operation of the Fund.
9The Board shall establish and implement fiscal controls and
10accounting periods for programs operated using the Fund. All
11fees or moneys received by the State Treasurer under subsection
12(n) of Section 27.6 of the Clerks of Courts Act shall be
13deposited into the Fund. The moneys deposited in the State
14Police Merit Board Public Safety Fund shall be appropriated, on
15a continuing basis, to the State Police Merit Board for
16expenses of the Board for the administration and conduct of all
17its programs for State Police personnel.
18(Source: P.A. 97-1051, eff. 1-1-13.)
 
19    Section 10. The Illinois Criminal Justice Information Act
20is amended by changing Section 7.5 as follows:
 
21    (20 ILCS 3930/7.5)
22    Sec. 7.5. Grants for electronic recording equipment.
23    (a) The Authority, from appropriations made to it for that
24purpose, shall make grants to local law enforcement agencies

 

 

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1and State law enforcement agencies for the purpose of
2purchasing equipment for electronic recording of
3interrogations.
4    (b) The Authority shall adopt promulgate rules to implement
5this Section.
6(Source: P.A. 93-206, eff. 7-18-03; 93-517, eff. 8-6-03.)
 
7    Section 15. The Illinois Vehicle Code is amended by adding
8Section 16-104f as follows:
 
9    (625 ILCS 5/16-104f new)
10    Sec. 16-104f. Amounts for State Police Merit Board Public
11Safety Fund. In counties that have elected not to distribute
12moneys under the disbursement formulas in Sections 27.5 and
1327.6 of the Clerks of Courts Act, the court shall impose a fine
14of $20, in addition to any other fines and court costs
15assessed, for any person who is convicted of or receives a
16disposition of court supervision for a violation of this Code
17or a similar provision of a local ordinance. This additional
18fine of $20 shall be payable to the clerk of the circuit court
19and shall not be considered a part of the fine for purposes of
20any reduction in the fine for time served either before or
21after sentencing. This amount, less 2.5%, shall be remitted by
22the clerk to the State Treasurer within 60 days after receipt
23for deposit into the State Police Merit Board Public Safety
24Fund and the Criminal Justice Information Projects Fund as

 

 

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1provided under subsection (n) of Section 27.6 of the Clerks of
2Courts Act. The 2.5% shall be deposited by the clerk into the
3Circuit Court Clerk Operation and Administration Fund a fund
4created by the clerk of the circuit court to be used to offset
5the costs incurred by the circuit court clerk in performing the
6additional duties required to collect and disburse funds as
7provided by law.
 
8    Section 20. The Clerks of Courts Act is amended by changing
9Section 27.6 as follows:
 
10    (705 ILCS 105/27.6)
11    (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625,
1296-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, and
1397-1150)
14    Sec. 27.6. (a) All fees, fines, costs, additional
15penalties, bail balances assessed or forfeited, and any other
16amount paid by a person to the circuit clerk equalling an
17amount of $55 or more, except the fine imposed by Section
185-9-1.15 of the Unified Code of Corrections, the additional fee
19required by subsections (b) and (c), restitution under Section
205-5-6 of the Unified Code of Corrections, contributions to a
21local anti-crime program ordered pursuant to Section
225-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
23Corrections, reimbursement for the costs of an emergency
24response as provided under Section 11-501 of the Illinois

 

 

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1Vehicle Code, any fees collected for attending a traffic safety
2program under paragraph (c) of Supreme Court Rule 529, any fee
3collected on behalf of a State's Attorney under Section 4-2002
4of the Counties Code or a sheriff under Section 4-5001 of the
5Counties Code, or any cost imposed under Section 124A-5 of the
6Code of Criminal Procedure of 1963, for convictions, orders of
7supervision, or any other disposition for a violation of
8Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
9similar provision of a local ordinance, and any violation of
10the Child Passenger Protection Act, or a similar provision of a
11local ordinance, and except as otherwise provided in this
12Section shall be disbursed within 60 days after receipt by the
13circuit clerk as follows: 44.5% shall be disbursed to the
14entity authorized by law to receive the fine imposed in the
15case; 16.825% shall be disbursed to the State Treasurer; and
1638.675% shall be disbursed to the county's general corporate
17fund. Of the 16.825% disbursed to the State Treasurer, 2/17
18shall be deposited by the State Treasurer into the Violent
19Crime Victims Assistance Fund, 5.052/17 shall be deposited into
20the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
21be deposited into the Drivers Education Fund, and 6.948/17
22shall be deposited into the Trauma Center Fund. Of the 6.948/17
23deposited into the Trauma Center Fund from the 16.825%
24disbursed to the State Treasurer, 50% shall be disbursed to the
25Department of Public Health and 50% shall be disbursed to the
26Department of Healthcare and Family Services. For fiscal year

 

 

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11993, amounts deposited into the Violent Crime Victims
2Assistance Fund, the Traffic and Criminal Conviction Surcharge
3Fund, or the Drivers Education Fund shall not exceed 110% of
4the amounts deposited into those funds in fiscal year 1991. Any
5amount that exceeds the 110% limit shall be distributed as
6follows: 50% shall be disbursed to the county's general
7corporate fund and 50% shall be disbursed to the entity
8authorized by law to receive the fine imposed in the case. Not
9later than March 1 of each year the circuit clerk shall submit
10a report of the amount of funds remitted to the State Treasurer
11under this Section during the preceding year based upon
12independent verification of fines and fees. All counties shall
13be subject to this Section, except that counties with a
14population under 2,000,000 may, by ordinance, elect not to be
15subject to this Section. For offenses subject to this Section,
16judges shall impose one total sum of money payable for
17violations. The circuit clerk may add on no additional amounts
18except for amounts that are required by Sections 27.3a and
1927.3c of this Act, unless those amounts are specifically waived
20by the judge. With respect to money collected by the circuit
21clerk as a result of forfeiture of bail, ex parte judgment or
22guilty plea pursuant to Supreme Court Rule 529, the circuit
23clerk shall first deduct and pay amounts required by Sections
2427.3a and 27.3c of this Act. This Section is a denial and
25limitation of home rule powers and functions under subsection
26(h) of Section 6 of Article VII of the Illinois Constitution.

 

 

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1    (b) In addition to any other fines and court costs assessed
2by the courts, any person convicted or receiving an order of
3supervision for driving under the influence of alcohol or drugs
4shall pay an additional fee of $100 to the clerk of the circuit
5court. This amount, less 2 1/2% that shall be used to defray
6administrative costs incurred by the clerk, shall be remitted
7by the clerk to the Treasurer within 60 days after receipt for
8deposit into the Trauma Center Fund. This additional fee of
9$100 shall not be considered a part of the fine for purposes of
10any reduction in the fine for time served either before or
11after sentencing. Not later than March 1 of each year the
12Circuit Clerk shall submit a report of the amount of funds
13remitted to the State Treasurer under this subsection during
14the preceding calendar year.
15    (b-1) In addition to any other fines and court costs
16assessed by the courts, any person convicted or receiving an
17order of supervision for driving under the influence of alcohol
18or drugs shall pay an additional fee of $5 to the clerk of the
19circuit court. This amount, less 2 1/2% that shall be used to
20defray administrative costs incurred by the clerk, shall be
21remitted by the clerk to the Treasurer within 60 days after
22receipt for deposit into the Spinal Cord Injury Paralysis Cure
23Research Trust Fund. This additional fee of $5 shall not be
24considered a part of the fine for purposes of any reduction in
25the fine for time served either before or after sentencing. Not
26later than March 1 of each year the Circuit Clerk shall submit

 

 

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1a report of the amount of funds remitted to the State Treasurer
2under this subsection during the preceding calendar year.
3    (c) In addition to any other fines and court costs assessed
4by the courts, any person convicted for a violation of Sections
524-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or the
6Criminal Code of 2012 or a person sentenced for a violation of
7the Cannabis Control Act, the Illinois Controlled Substances
8Act, or the Methamphetamine Control and Community Protection
9Act shall pay an additional fee of $100 to the clerk of the
10circuit court. This amount, less 2 1/2% that shall be used to
11defray administrative costs incurred by the clerk, shall be
12remitted by the clerk to the Treasurer within 60 days after
13receipt for deposit into the Trauma Center Fund. This
14additional fee of $100 shall not be considered a part of the
15fine for purposes of any reduction in the fine for time served
16either before or after sentencing. Not later than March 1 of
17each year the Circuit Clerk shall submit a report of the amount
18of funds remitted to the State Treasurer under this subsection
19during the preceding calendar year.
20    (c-1) In addition to any other fines and court costs
21assessed by the courts, any person sentenced for a violation of
22the Cannabis Control Act, the Illinois Controlled Substances
23Act, or the Methamphetamine Control and Community Protection
24Act shall pay an additional fee of $5 to the clerk of the
25circuit court. This amount, less 2 1/2% that shall be used to
26defray administrative costs incurred by the clerk, shall be

 

 

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1remitted by the clerk to the Treasurer within 60 days after
2receipt for deposit into the Spinal Cord Injury Paralysis Cure
3Research Trust Fund. This additional fee of $5 shall not be
4considered a part of the fine for purposes of any reduction in
5the fine for time served either before or after sentencing. Not
6later than March 1 of each year the Circuit Clerk shall submit
7a report of the amount of funds remitted to the State Treasurer
8under this subsection during the preceding calendar year.
9    (d) The following amounts must be remitted to the State
10Treasurer for deposit into the Illinois Animal Abuse Fund:
11        (1) 50% of the amounts collected for felony offenses
12    under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
13    5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
14    Animals Act and Section 26-5 or 48-1 of the Criminal Code
15    of 1961 or the Criminal Code of 2012;
16        (2) 20% of the amounts collected for Class A and Class
17    B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
18    5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
19    for Animals Act and Section 26-5 or 48-1 of the Criminal
20    Code of 1961 or the Criminal Code of 2012; and
21        (3) 50% of the amounts collected for Class C
22    misdemeanors under Sections 4.01 and 7.1 of the Humane Care
23    for Animals Act and Section 26-5 or 48-1 of the Criminal
24    Code of 1961 or the Criminal Code of 2012.
25    (e) Any person who receives a disposition of court
26supervision for a violation of the Illinois Vehicle Code or a

 

 

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1similar provision of a local ordinance shall, in addition to
2any other fines, fees, and court costs, pay an additional fee
3of $29, to be disbursed as provided in Section 16-104c of the
4Illinois Vehicle Code. In addition to the fee of $29, the
5person shall also pay a fee of $6, if not waived by the court.
6If this $6 fee is collected, $5.50 of the fee shall be
7deposited into the Circuit Court Clerk Operation and
8Administrative Fund created by the Clerk of the Circuit Court
9and 50 cents of the fee shall be deposited into the Prisoner
10Review Board Vehicle and Equipment Fund in the State treasury.
11    (f) This Section does not apply to the additional child
12pornography fines assessed and collected under Section
135-9-1.14 of the Unified Code of Corrections.
14    (g) (Blank).
15    (h) (Blank).
16    (i) Of the amounts collected as fines under subsection (b)
17of Section 3-712 of the Illinois Vehicle Code, 99% shall be
18deposited into the Illinois Military Family Relief Fund and 1%
19shall be deposited into the Circuit Court Clerk Operation and
20Administrative Fund created by the Clerk of the Circuit Court
21to be used to offset the costs incurred by the Circuit Court
22Clerk in performing the additional duties required to collect
23and disburse funds to entities of State and local government as
24provided by law.
25    (j) Any person convicted of, pleading guilty to, or placed
26on supervision for a serious traffic violation, as defined in

 

 

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1Section 1-187.001 of the Illinois Vehicle Code, a violation of
2Section 11-501 of the Illinois Vehicle Code, or a violation of
3a similar provision of a local ordinance shall pay an
4additional fee of $35, to be disbursed as provided in Section
516-104d of that Code.
6    This subsection (j) becomes inoperative 7 years after the
7effective date of Public Act 95-154.
8    (k) For any conviction or disposition of court supervision
9for a violation of Section 11-1429 of the Illinois Vehicle
10Code, the circuit clerk shall distribute the fines paid by the
11person as specified by subsection (h) of Section 11-1429 of the
12Illinois Vehicle Code.
13    (l) Any person who receives a disposition of court
14supervision for a violation of Section 11-501 of the Illinois
15Vehicle Code or a similar provision of a local ordinance shall,
16in addition to any other fines, fees, and court costs, pay an
17additional fee of $50, which shall be collected by the circuit
18clerk and then remitted to the State Treasurer for deposit into
19the Roadside Memorial Fund, a special fund in the State
20treasury. However, the court may waive the fee if full
21restitution is complied with. Subject to appropriation, all
22moneys in the Roadside Memorial Fund shall be used by the
23Department of Transportation to pay fees imposed under
24subsection (f) of Section 20 of the Roadside Memorial Act. The
25fee shall be remitted by the circuit clerk within one month
26after receipt to the State Treasurer for deposit into the

 

 

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1Roadside Memorial Fund.
2    (m) Of the amounts collected as fines under subsection (c)
3of Section 411.4 of the Illinois Controlled Substances Act or
4subsection (c) of Section 90 of the Methamphetamine Control and
5Community Protection Act, 99% shall be deposited to the law
6enforcement agency or fund specified and 1% shall be deposited
7into the Circuit Court Clerk Operation and Administrative Fund
8to be used to offset the costs incurred by the Circuit Court
9Clerk in performing the additional duties required to collect
10and disburse funds to entities of State and local government as
11provided by law.
12    (n) In addition to any other fines and court costs assessed
13by the courts, any person who is convicted of or pleads guilty
14to a violation of the Criminal Code of 1961 or the Criminal
15Code of 2012, or a similar provision of a local ordinance, or
16who is convicted of, pleads guilty to, or receives a
17disposition of court supervision for a violation of the
18Illinois Vehicle Code, or a similar provision of a local
19ordinance, the court shall impose pay an additional fine fee of
20$20 payable $15 to the clerk of the circuit court. This
21additional fine fee of $20 $15 shall not be considered a part
22of the fine for purposes of any reduction in the fine for time
23served either before or after sentencing. This amount, less
242.5% that shall be used to defray administrative costs incurred
25by the clerk, shall be remitted by the clerk to the State
26Treasurer within 60 days after receipt for deposit as follows:

 

 

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157.5% into the State Police Merit Board Public Safety Fund and
240% into the Criminal Justice Information Projects Fund. The
32.5% shall be deposited by the clerk into the Circuit Court
4Clerk Operation and Administration Fund a fund created by the
5clerk of the circuit court to be used to offset the costs
6incurred by the circuit court clerk in performing the
7additional duties required to collect and disburse funds as
8provided by law.
9(Source: P.A. 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428,
10eff. 8-24-07; 95-600, eff. 6-1-08; 95-876, eff. 8-21-08;
1196-286, eff. 8-11-09; 96-576, eff. 8-18-09; 96-578, eff.
128-18-09; 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-1175,
13eff. 9-20-10; 96-1342, eff. 1-1-11; 97-1051, eff. 1-1-13;
1497-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
15    (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667,
1696-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, and
1797-1150)
18    Sec. 27.6. (a) All fees, fines, costs, additional
19penalties, bail balances assessed or forfeited, and any other
20amount paid by a person to the circuit clerk equalling an
21amount of $55 or more, except the fine imposed by Section
225-9-1.15 of the Unified Code of Corrections, the additional fee
23required by subsections (b) and (c), restitution under Section
245-5-6 of the Unified Code of Corrections, contributions to a
25local anti-crime program ordered pursuant to Section

 

 

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15-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
2Corrections, reimbursement for the costs of an emergency
3response as provided under Section 11-501 of the Illinois
4Vehicle Code, any fees collected for attending a traffic safety
5program under paragraph (c) of Supreme Court Rule 529, any fee
6collected on behalf of a State's Attorney under Section 4-2002
7of the Counties Code or a sheriff under Section 4-5001 of the
8Counties Code, or any cost imposed under Section 124A-5 of the
9Code of Criminal Procedure of 1963, for convictions, orders of
10supervision, or any other disposition for a violation of
11Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
12similar provision of a local ordinance, and any violation of
13the Child Passenger Protection Act, or a similar provision of a
14local ordinance, and except as otherwise provided in this
15Section shall be disbursed within 60 days after receipt by the
16circuit clerk as follows: 44.5% shall be disbursed to the
17entity authorized by law to receive the fine imposed in the
18case; 16.825% shall be disbursed to the State Treasurer; and
1938.675% shall be disbursed to the county's general corporate
20fund. Of the 16.825% disbursed to the State Treasurer, 2/17
21shall be deposited by the State Treasurer into the Violent
22Crime Victims Assistance Fund, 5.052/17 shall be deposited into
23the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
24be deposited into the Drivers Education Fund, and 6.948/17
25shall be deposited into the Trauma Center Fund. Of the 6.948/17
26deposited into the Trauma Center Fund from the 16.825%

 

 

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1disbursed to the State Treasurer, 50% shall be disbursed to the
2Department of Public Health and 50% shall be disbursed to the
3Department of Healthcare and Family Services. For fiscal year
41993, amounts deposited into the Violent Crime Victims
5Assistance Fund, the Traffic and Criminal Conviction Surcharge
6Fund, or the Drivers Education Fund shall not exceed 110% of
7the amounts deposited into those funds in fiscal year 1991. Any
8amount that exceeds the 110% limit shall be distributed as
9follows: 50% shall be disbursed to the county's general
10corporate fund and 50% shall be disbursed to the entity
11authorized by law to receive the fine imposed in the case. Not
12later than March 1 of each year the circuit clerk shall submit
13a report of the amount of funds remitted to the State Treasurer
14under this Section during the preceding year based upon
15independent verification of fines and fees. All counties shall
16be subject to this Section, except that counties with a
17population under 2,000,000 may, by ordinance, elect not to be
18subject to this Section. For offenses subject to this Section,
19judges shall impose one total sum of money payable for
20violations. The circuit clerk may add on no additional amounts
21except for amounts that are required by Sections 27.3a and
2227.3c of this Act, Section 16-104c of the Illinois Vehicle
23Code, and subsection (a) of Section 5-1101 of the Counties
24Code, unless those amounts are specifically waived by the
25judge. With respect to money collected by the circuit clerk as
26a result of forfeiture of bail, ex parte judgment or guilty

 

 

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1plea pursuant to Supreme Court Rule 529, the circuit clerk
2shall first deduct and pay amounts required by Sections 27.3a
3and 27.3c of this Act. Unless a court ordered payment schedule
4is implemented or fee requirements are waived pursuant to court
5order, the clerk of the court may add to any unpaid fees and
6costs a delinquency amount equal to 5% of the unpaid fees that
7remain unpaid after 30 days, 10% of the unpaid fees that remain
8unpaid after 60 days, and 15% of the unpaid fees that remain
9unpaid after 90 days. Notice to those parties may be made by
10signage posting or publication. The additional delinquency
11amounts collected under this Section shall be deposited in the
12Circuit Court Clerk Operation and Administrative Fund to be
13used to defray administrative costs incurred by the circuit
14clerk in performing the duties required to collect and disburse
15funds. This Section is a denial and limitation of home rule
16powers and functions under subsection (h) of Section 6 of
17Article VII of the Illinois Constitution.
18    (b) In addition to any other fines and court costs assessed
19by the courts, any person convicted or receiving an order of
20supervision for driving under the influence of alcohol or drugs
21shall pay an additional fee of $100 to the clerk of the circuit
22court. This amount, less 2 1/2% that shall be used to defray
23administrative costs incurred by the clerk, shall be remitted
24by the clerk to the Treasurer within 60 days after receipt for
25deposit into the Trauma Center Fund. This additional fee of
26$100 shall not be considered a part of the fine for purposes of

 

 

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1any reduction in the fine for time served either before or
2after sentencing. Not later than March 1 of each year the
3Circuit Clerk shall submit a report of the amount of funds
4remitted to the State Treasurer under this subsection during
5the preceding calendar year.
6    (b-1) In addition to any other fines and court costs
7assessed by the courts, any person convicted or receiving an
8order of supervision for driving under the influence of alcohol
9or drugs shall pay an additional fee of $5 to the clerk of the
10circuit court. This amount, less 2 1/2% that shall be used to
11defray administrative costs incurred by the clerk, shall be
12remitted by the clerk to the Treasurer within 60 days after
13receipt for deposit into the Spinal Cord Injury Paralysis Cure
14Research Trust Fund. This additional fee of $5 shall not be
15considered a part of the fine for purposes of any reduction in
16the fine for time served either before or after sentencing. Not
17later than March 1 of each year the Circuit Clerk shall submit
18a report of the amount of funds remitted to the State Treasurer
19under this subsection during the preceding calendar year.
20    (c) In addition to any other fines and court costs assessed
21by the courts, any person convicted for a violation of Sections
2224-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or the
23Criminal Code of 2012 or a person sentenced for a violation of
24the Cannabis Control Act, the Illinois Controlled Substances
25Act, or the Methamphetamine Control and Community Protection
26Act shall pay an additional fee of $100 to the clerk of the

 

 

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1circuit court. This amount, less 2 1/2% that shall be used to
2defray administrative costs incurred by the clerk, shall be
3remitted by the clerk to the Treasurer within 60 days after
4receipt for deposit into the Trauma Center Fund. This
5additional fee of $100 shall not be considered a part of the
6fine for purposes of any reduction in the fine for time served
7either before or after sentencing. Not later than March 1 of
8each year the Circuit Clerk shall submit a report of the amount
9of funds remitted to the State Treasurer under this subsection
10during the preceding calendar year.
11    (c-1) In addition to any other fines and court costs
12assessed by the courts, any person sentenced for a violation of
13the Cannabis Control Act, the Illinois Controlled Substances
14Act, or the Methamphetamine Control and Community Protection
15Act shall pay an additional fee of $5 to the clerk of the
16circuit court. This amount, less 2 1/2% that shall be used to
17defray administrative costs incurred by the clerk, shall be
18remitted by the clerk to the Treasurer within 60 days after
19receipt for deposit into the Spinal Cord Injury Paralysis Cure
20Research Trust Fund. This additional fee of $5 shall not be
21considered a part of the fine for purposes of any reduction in
22the fine for time served either before or after sentencing. Not
23later than March 1 of each year the Circuit Clerk shall submit
24a report of the amount of funds remitted to the State Treasurer
25under this subsection during the preceding calendar year.
26    (d) The following amounts must be remitted to the State

 

 

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1Treasurer for deposit into the Illinois Animal Abuse Fund:
2        (1) 50% of the amounts collected for felony offenses
3    under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
4    5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
5    Animals Act and Section 26-5 or 48-1 of the Criminal Code
6    of 1961 or the Criminal Code of 2012;
7        (2) 20% of the amounts collected for Class A and Class
8    B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
9    5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
10    for Animals Act and Section 26-5 or 48-1 of the Criminal
11    Code of 1961 or the Criminal Code of 2012; and
12        (3) 50% of the amounts collected for Class C
13    misdemeanors under Sections 4.01 and 7.1 of the Humane Care
14    for Animals Act and Section 26-5 or 48-1 of the Criminal
15    Code of 1961 or the Criminal Code of 2012.
16    (e) Any person who receives a disposition of court
17supervision for a violation of the Illinois Vehicle Code or a
18similar provision of a local ordinance shall, in addition to
19any other fines, fees, and court costs, pay an additional fee
20of $29, to be disbursed as provided in Section 16-104c of the
21Illinois Vehicle Code. In addition to the fee of $29, the
22person shall also pay a fee of $6, if not waived by the court.
23If this $6 fee is collected, $5.50 of the fee shall be
24deposited into the Circuit Court Clerk Operation and
25Administrative Fund created by the Clerk of the Circuit Court
26and 50 cents of the fee shall be deposited into the Prisoner

 

 

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1Review Board Vehicle and Equipment Fund in the State treasury.
2    (f) This Section does not apply to the additional child
3pornography fines assessed and collected under Section
45-9-1.14 of the Unified Code of Corrections.
5    (g) Any person convicted of or pleading guilty to a serious
6traffic violation, as defined in Section 1-187.001 of the
7Illinois Vehicle Code, shall pay an additional fee of $35, to
8be disbursed as provided in Section 16-104d of that Code. This
9subsection (g) becomes inoperative 7 years after the effective
10date of Public Act 95-154.
11    (h) In all counties having a population of 3,000,000 or
12more inhabitants,
13        (1) A person who is found guilty of or pleads guilty to
14    violating subsection (a) of Section 11-501 of the Illinois
15    Vehicle Code, including any person placed on court
16    supervision for violating subsection (a), shall be fined
17    $750 as provided for by subsection (f) of Section 11-501.01
18    of the Illinois Vehicle Code, payable to the circuit clerk,
19    who shall distribute the money pursuant to subsection (f)
20    of Section 11-501.01 of the Illinois Vehicle Code.
21        (2) When a crime laboratory DUI analysis fee of $150,
22    provided for by Section 5-9-1.9 of the Unified Code of
23    Corrections is assessed, it shall be disbursed by the
24    circuit clerk as provided by subsection (f) of Section
25    5-9-1.9 of the Unified Code of Corrections.
26        (3) When a fine for a violation of Section 11-605.1 of

 

 

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1    the Illinois Vehicle Code is $250 or greater, the person
2    who violated that Section shall be charged an additional
3    $125 as provided for by subsection (e) of Section 11-605.1
4    of the Illinois Vehicle Code, which shall be disbursed by
5    the circuit clerk to a State or county Transportation
6    Safety Highway Hire-back Fund as provided by subsection (e)
7    of Section 11-605.1 of the Illinois Vehicle Code.
8        (4) When a fine for a violation of subsection (a) of
9    Section 11-605 of the Illinois Vehicle Code is $150 or
10    greater, the additional $50 which is charged as provided
11    for by subsection (f) of Section 11-605 of the Illinois
12    Vehicle Code shall be disbursed by the circuit clerk to a
13    school district or districts for school safety purposes as
14    provided by subsection (f) of Section 11-605.
15        (5) When a fine for a violation of subsection (a) of
16    Section 11-1002.5 of the Illinois Vehicle Code is $150 or
17    greater, the additional $50 which is charged as provided
18    for by subsection (c) of Section 11-1002.5 of the Illinois
19    Vehicle Code shall be disbursed by the circuit clerk to a
20    school district or districts for school safety purposes as
21    provided by subsection (c) of Section 11-1002.5 of the
22    Illinois Vehicle Code.
23        (6) When a mandatory drug court fee of up to $5 is
24    assessed as provided in subsection (f) of Section 5-1101 of
25    the Counties Code, it shall be disbursed by the circuit
26    clerk as provided in subsection (f) of Section 5-1101 of

 

 

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1    the Counties Code.
2        (7) When a mandatory teen court, peer jury, youth
3    court, or other youth diversion program fee is assessed as
4    provided in subsection (e) of Section 5-1101 of the
5    Counties Code, it shall be disbursed by the circuit clerk
6    as provided in subsection (e) of Section 5-1101 of the
7    Counties Code.
8        (8) When a Children's Advocacy Center fee is assessed
9    pursuant to subsection (f-5) of Section 5-1101 of the
10    Counties Code, it shall be disbursed by the circuit clerk
11    as provided in subsection (f-5) of Section 5-1101 of the
12    Counties Code.
13        (9) When a victim impact panel fee is assessed pursuant
14    to subsection (b) of Section 11-501.01 of the Vehicle Code,
15    it shall be disbursed by the circuit clerk to the victim
16    impact panel to be attended by the defendant.
17        (10) When a new fee collected in traffic cases is
18    enacted after the effective date of this subsection (h), it
19    shall be excluded from the percentage disbursement
20    provisions of this Section unless otherwise indicated by
21    law.
22    (i) Of the amounts collected as fines under subsection (b)
23of Section 3-712 of the Illinois Vehicle Code, 99% shall be
24deposited into the Illinois Military Family Relief Fund and 1%
25shall be deposited into the Circuit Court Clerk Operation and
26Administrative Fund created by the Clerk of the Circuit Court

 

 

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1to be used to offset the costs incurred by the Circuit Court
2Clerk in performing the additional duties required to collect
3and disburse funds to entities of State and local government as
4provided by law.
5    (j) (Blank).
6    (k) For any conviction or disposition of court supervision
7for a violation of Section 11-1429 of the Illinois Vehicle
8Code, the circuit clerk shall distribute the fines paid by the
9person as specified by subsection (h) of Section 11-1429 of the
10Illinois Vehicle Code.
11    (l) Any person who receives a disposition of court
12supervision for a violation of Section 11-501 of the Illinois
13Vehicle Code or a similar provision of a local ordinance shall,
14in addition to any other fines, fees, and court costs, pay an
15additional fee of $50, which shall be collected by the circuit
16clerk and then remitted to the State Treasurer for deposit into
17the Roadside Memorial Fund, a special fund in the State
18treasury. However, the court may waive the fee if full
19restitution is complied with. Subject to appropriation, all
20moneys in the Roadside Memorial Fund shall be used by the
21Department of Transportation to pay fees imposed under
22subsection (f) of Section 20 of the Roadside Memorial Act. The
23fee shall be remitted by the circuit clerk within one month
24after receipt to the State Treasurer for deposit into the
25Roadside Memorial Fund.
26    (m) Of the amounts collected as fines under subsection (c)

 

 

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1of Section 411.4 of the Illinois Controlled Substances Act or
2subsection (c) of Section 90 of the Methamphetamine Control and
3Community Protection Act, 99% shall be deposited to the law
4enforcement agency or fund specified and 1% shall be deposited
5into the Circuit Court Clerk Operation and Administrative Fund
6to be used to offset the costs incurred by the Circuit Court
7Clerk in performing the additional duties required to collect
8and disburse funds to entities of State and local government as
9provided by law.
10    (n) In addition to any other fines and court costs assessed
11by the courts, any person who is convicted of or pleads guilty
12to a violation of the Criminal Code of 1961 or the Criminal
13Code of 2012, or a similar provision of a local ordinance, or
14who is convicted of, pleads guilty to, or receives a
15disposition of court supervision for a violation of the
16Illinois Vehicle Code, or a similar provision of a local
17ordinance, the court shall impose pay an additional fine fee of
18$20 payable $15 to the clerk of the circuit court. This
19additional fine fee of $20 $15 shall not be considered a part
20of the fine for purposes of any reduction in the fine for time
21served either before or after sentencing. This amount, less
222.5% that shall be used to defray administrative costs incurred
23by the clerk, shall be remitted by the clerk to the State
24Treasurer within 60 days after receipt for deposit as follows:
2557.5% into the State Police Merit Board Public Safety Fund and
2640% into the Criminal Justice Information Projects Fund. The

 

 

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12.5% shall be deposited by the clerk into the Circuit Court
2Clerk Operation and Administration Fund a fund created by the
3clerk of the circuit court to be used to offset the costs
4incurred by the circuit court clerk in performing the
5additional duties required to collect and disburse funds as
6provided by law.
7(Source: P.A. 96-576, eff. 8-18-09; 96-578, eff. 8-18-09;
896-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-735, eff. 1-1-10;
996-1175, eff. 9-20-10; 96-1342, eff. 1-1-11; 97-434, eff.
101-1-12; 97-1051, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1150,
11eff. 1-25-13.)
 
12    Section 25. The Unified Code of Corrections is amended by
13adding Section 5-9-1.21 as follows:
 
14    (730 ILCS 5/5-9-1.21 new)
15    Sec. 5-9-1.21. Additional public safety fine. In counties
16that have elected not to distribute moneys under the
17disbursement formulas in Sections 27.5 and 27.6 of the Clerks
18of Courts Act, in addition to any other penalty and fine
19imposed by the court, any person who is convicted of or
20receives a disposition of court supervision for any violation
21of the Criminal Code of 1961 or the Criminal Code of 2012, the
22court shall impose an additional fine of $20 payable to the
23clerk of the circuit court. This additional fine of $20 shall
24not be considered a part of the fine for purposes of any

 

 

09800SB0503sam002- 26 -LRB098 04696 MRW 58153 a

1reduction in the fine for time served either before or after
2sentencing. This additional fine, less 2.5%, shall be remitted
3by the clerk to the State Treasurer within 60 days after
4receipt for deposit into the State Police Merit Board Public
5Safety Fund and the Criminal Justice Information Projects Fund
6for distribution as provided under subsection (n) of Section
727.6 of the Clerks of Courts Act. The 2.5% shall be deposited
8by the clerk into the Circuit Court Clerk Operation and
9Administration Fund a fund created by the clerk of the circuit
10court to be used to offset the costs incurred by the circuit
11court clerk in performing the additional duties required to
12collect and disburse funds as provided by law.".