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1 | | transfer any amounts from the State Police Merit Board Public |
2 | | Safety Fund into any other fund of the State. |
3 | | (b) The Fund may receive State appropriations, gifts, |
4 | | grants, and federal funds and shall include earnings from the |
5 | | investment of moneys in the Fund. |
6 | | (c) The administration of this Fund shall be the |
7 | | responsibility of the State Police Merit Board. The Board shall |
8 | | establish terms and conditions for the operation of the Fund. |
9 | | The Board shall establish and implement fiscal controls and |
10 | | accounting periods for programs operated using the Fund. All |
11 | | fees or moneys received by the State Treasurer under subsection |
12 | | (n) of Section 27.6 of the Clerks of Courts Act shall be |
13 | | deposited into the Fund. Such additional penalty shall not be |
14 | | considered a part of the fine for purposes of any reduction |
15 | | made in the fine for time served either before or after |
16 | | sentencing. The moneys deposited in the State Police Merit |
17 | | Board Public Safety Fund shall be appropriated , on a continuing |
18 | | basis, to the State Police Merit Board for expenses of the |
19 | | Board for the administration and conduct of all its programs |
20 | | for State Police personnel.
|
21 | | (Source: P.A. 97-1051, eff. 1-1-13.) |
22 | | Section 10. The Illinois Vehicle Code is amended by adding |
23 | | Section 16-104f as follows: |
24 | | (625 ILCS 5/16-104f new) |
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1 | | Sec. 16-104f. Amounts for State Police Merit Board Public |
2 | | Safety Fund. In counties that have elected not to distribute |
3 | | moneys under the disbursement formulas in Sections 27.5 and |
4 | | 27.6 of the Clerks of Courts Act, the court shall impose a fine |
5 | | of $15, in addition to any other fines and court costs |
6 | | assessed, for any person who is convicted of or receives a |
7 | | disposition of court supervision for a violation of this Code |
8 | | or a similar provision of a local ordinance. This additional |
9 | | fine of $15 shall be payable to the clerk of the circuit court |
10 | | and shall not be considered a part of the fine for purposes of |
11 | | any reduction in the fine for time served either before or |
12 | | after sentencing. This amount, less 2.5%, shall be remitted by |
13 | | the clerk to the State Treasurer within 60 days after receipt |
14 | | for deposit into the State Police Merit Board Public Safety |
15 | | Fund. Of the fine, 2.5% shall be deposited by the clerk into |
16 | | the Circuit Court Clerk Operation and Administration Fund a |
17 | | fund created by the clerk of the circuit court to be used to |
18 | | offset the costs incurred by the circuit court clerk in |
19 | | performing the additional duties required to collect and |
20 | | disburse funds as provided by law. |
21 | | Section 15. The Clerks of Courts Act is amended by changing |
22 | | Section 27.6 as follows:
|
23 | | (705 ILCS 105/27.6)
|
24 | | (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625, |
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1 | | 96-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, and |
2 | | 97-1150) |
3 | | Sec. 27.6. (a) All fees, fines, costs, additional |
4 | | penalties, bail balances
assessed or forfeited, and any other |
5 | | amount paid by a person to the circuit
clerk equalling an |
6 | | amount of $55 or more, except the fine imposed by Section |
7 | | 5-9-1.15
of the Unified Code of Corrections, the additional fee |
8 | | required
by subsections (b) and (c), restitution under Section |
9 | | 5-5-6 of the
Unified Code of Corrections, contributions to a |
10 | | local anti-crime program ordered pursuant to Section |
11 | | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of |
12 | | Corrections, reimbursement for the costs of an emergency
|
13 | | response as provided under Section 11-501 of the Illinois |
14 | | Vehicle Code,
any fees collected for attending a traffic safety |
15 | | program under paragraph (c)
of Supreme Court Rule 529, any fee |
16 | | collected on behalf of a State's Attorney
under Section 4-2002 |
17 | | of the Counties Code or a sheriff under Section 4-5001
of the |
18 | | Counties Code, or any cost imposed under Section 124A-5 of the |
19 | | Code of
Criminal Procedure of 1963, for convictions, orders of |
20 | | supervision, or any
other disposition for a violation of |
21 | | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a |
22 | | similar provision of a local ordinance, and any
violation of |
23 | | the Child Passenger Protection Act, or a similar provision of a
|
24 | | local ordinance, and except as otherwise provided in this |
25 | | Section
shall be disbursed
within 60 days after receipt by the |
26 | | circuit
clerk as follows: 44.5% shall be disbursed to the |
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1 | | entity authorized by law to
receive the fine imposed in the |
2 | | case; 16.825% shall be disbursed to the State
Treasurer; and |
3 | | 38.675% shall be disbursed to the county's general corporate
|
4 | | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 |
5 | | shall be deposited
by the State Treasurer into the Violent |
6 | | Crime Victims Assistance Fund, 5.052/17
shall be deposited into |
7 | | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall |
8 | | be deposited into the Drivers Education Fund, and 6.948/17 |
9 | | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 |
10 | | deposited into the
Trauma Center Fund from the 16.825% |
11 | | disbursed to the State Treasurer, 50% shall
be disbursed to the |
12 | | Department of Public Health and 50% shall be disbursed to
the |
13 | | Department of Healthcare and Family Services. For fiscal year |
14 | | 1993, amounts deposited into
the Violent Crime Victims |
15 | | Assistance Fund, the Traffic and Criminal
Conviction Surcharge |
16 | | Fund, or the Drivers Education Fund shall not exceed 110%
of |
17 | | the amounts deposited into those funds in fiscal year 1991. Any
|
18 | | amount that exceeds the 110% limit shall be distributed as |
19 | | follows: 50%
shall be disbursed to the county's general |
20 | | corporate fund and 50% shall be
disbursed to the entity |
21 | | authorized by law to receive the fine imposed in
the case. Not |
22 | | later than March 1 of each year the circuit clerk
shall submit |
23 | | a report of the amount of funds remitted to the State
Treasurer |
24 | | under this Section during the preceding year based upon
|
25 | | independent verification of fines and fees. All counties shall |
26 | | be subject
to this Section, except that counties with a |
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1 | | population under 2,000,000
may, by ordinance, elect not to be |
2 | | subject to this Section. For offenses
subject to this Section, |
3 | | judges shall impose one total sum of money payable
for |
4 | | violations. The circuit clerk may add on no additional amounts |
5 | | except
for amounts that are required by Sections 27.3a and |
6 | | 27.3c of
this Act, unless those amounts are specifically waived |
7 | | by the judge. With
respect to money collected by the circuit |
8 | | clerk as a result of
forfeiture of bail, ex parte judgment or |
9 | | guilty plea pursuant to Supreme
Court Rule 529, the circuit |
10 | | clerk shall first deduct and pay amounts
required by Sections |
11 | | 27.3a and 27.3c of this Act. This Section is a denial
and |
12 | | limitation of home rule powers and functions under subsection |
13 | | (h) of
Section 6 of Article VII of the Illinois Constitution.
|
14 | | (b) In addition to any other fines and court costs assessed |
15 | | by the courts,
any person convicted or receiving an order of |
16 | | supervision for driving under
the influence of alcohol or drugs |
17 | | shall pay an additional fee of $100 to the
clerk of the circuit |
18 | | court. This amount, less 2 1/2% that shall be used to
defray |
19 | | administrative costs incurred by the clerk, shall be remitted |
20 | | by the
clerk to the Treasurer within 60 days after receipt for |
21 | | deposit into the Trauma
Center Fund. This additional fee of |
22 | | $100 shall not be considered a part of the
fine for purposes of |
23 | | any reduction in the fine for time served either before or
|
24 | | after sentencing. Not later than March 1 of each year the |
25 | | Circuit Clerk shall
submit a report of the amount of funds |
26 | | remitted to the State Treasurer under
this subsection during |
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1 | | the preceding calendar year.
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2 | | (b-1) In addition to any other fines and court costs |
3 | | assessed by the courts,
any person convicted or receiving an |
4 | | order of supervision for driving under the
influence of alcohol |
5 | | or drugs shall pay an additional fee of $5 to the clerk
of the |
6 | | circuit court. This amount, less
2 1/2% that shall be used to |
7 | | defray administrative costs incurred by the clerk,
shall be |
8 | | remitted by the clerk to the Treasurer within 60 days after |
9 | | receipt
for deposit into the Spinal Cord Injury Paralysis Cure |
10 | | Research Trust Fund.
This additional fee of $5 shall not
be |
11 | | considered a part of the fine for purposes of any reduction in |
12 | | the fine for
time served either before or after sentencing. Not |
13 | | later than March 1 of each
year the Circuit Clerk shall submit |
14 | | a report of the amount of funds remitted to
the State Treasurer |
15 | | under this subsection during the preceding calendar
year.
|
16 | | (c) In addition to any other fines and court costs assessed |
17 | | by the courts,
any person convicted for a violation of Sections |
18 | | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or the |
19 | | Criminal Code of 2012 or a person sentenced for a violation of |
20 | | the Cannabis
Control Act, the Illinois Controlled Substances |
21 | | Act, or the Methamphetamine Control and Community Protection |
22 | | Act
shall pay an additional fee of $100 to the clerk
of the |
23 | | circuit court. This amount, less
2 1/2% that shall be used to |
24 | | defray administrative costs incurred by the clerk,
shall be |
25 | | remitted by the clerk to the Treasurer within 60 days after |
26 | | receipt
for deposit into the Trauma Center Fund. This |
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1 | | additional fee of $100 shall not
be considered a part of the |
2 | | fine for purposes of any reduction in the fine for
time served |
3 | | either before or after sentencing. Not later than March 1 of |
4 | | each
year the Circuit Clerk shall submit a report of the amount |
5 | | of funds remitted to
the State Treasurer under this subsection |
6 | | during the preceding calendar year.
|
7 | | (c-1) In addition to any other fines and court costs |
8 | | assessed by the
courts, any person sentenced for a violation of |
9 | | the Cannabis Control Act,
the Illinois Controlled Substances |
10 | | Act, or the Methamphetamine Control and Community Protection |
11 | | Act shall pay an additional fee of $5 to the
clerk of the |
12 | | circuit court. This amount, less 2 1/2% that shall be used to
|
13 | | defray administrative costs incurred by the clerk, shall be |
14 | | remitted by the
clerk to the Treasurer within 60 days after |
15 | | receipt for deposit into the Spinal
Cord Injury Paralysis Cure |
16 | | Research Trust Fund. This additional fee of $5
shall not be |
17 | | considered a part of the fine for purposes of any reduction in |
18 | | the
fine for time served either before or after sentencing. Not |
19 | | later than March 1
of each year the Circuit Clerk shall submit |
20 | | a report of the amount of funds
remitted to the State Treasurer |
21 | | under this subsection during the preceding
calendar year.
|
22 | | (d) The following amounts must be remitted to the State |
23 | | Treasurer for
deposit into the Illinois Animal Abuse Fund:
|
24 | | (1) 50% of the amounts collected for felony offenses |
25 | | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, |
26 | | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for |
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1 | | Animals Act and Section 26-5 or 48-1 of the Criminal Code |
2 | | of
1961 or the Criminal Code of 2012;
|
3 | | (2) 20% of the amounts collected for Class A and Class |
4 | | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, |
5 | | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care |
6 | | for Animals Act and Section 26-5 or 48-1 of the Criminal
|
7 | | Code of 1961 or the Criminal Code of 2012; and
|
8 | | (3) 50% of the amounts collected for Class C |
9 | | misdemeanors under Sections
4.01 and 7.1 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.
|
12 | | (e) Any person who receives a disposition of court |
13 | | supervision for a violation of the Illinois Vehicle Code or a |
14 | | similar provision of a local ordinance shall, in addition to |
15 | | any other fines, fees, and court costs, pay an additional fee |
16 | | of $29, to be disbursed as provided in Section 16-104c of the |
17 | | Illinois Vehicle Code. In addition to the fee of $29, the |
18 | | person shall also pay a fee of $6, if not waived by the court. |
19 | | If this $6 fee is collected, $5.50 of the fee shall be |
20 | | deposited into the Circuit Court Clerk Operation and |
21 | | Administrative Fund created by the Clerk of the Circuit Court |
22 | | and 50 cents of the fee shall be deposited into the Prisoner |
23 | | Review Board Vehicle and Equipment Fund in the State treasury.
|
24 | | (f) This Section does not apply to the additional child |
25 | | pornography fines assessed and collected under Section |
26 | | 5-9-1.14 of the Unified Code of Corrections.
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1 | | (g) (Blank). |
2 | | (h) (Blank). |
3 | | (i)
Of the amounts collected as fines under subsection (b) |
4 | | of Section 3-712 of the Illinois Vehicle Code, 99% shall be |
5 | | deposited into the Illinois Military Family Relief Fund and 1% |
6 | | shall be deposited into the Circuit Court Clerk Operation and |
7 | | Administrative Fund created by the Clerk of the Circuit Court |
8 | | to be used to offset the costs incurred by the Circuit Court |
9 | | Clerk in performing the additional duties required to collect |
10 | | and disburse funds to entities of State and local government as |
11 | | provided by law.
|
12 | | (j) Any person convicted of, pleading guilty to, or placed |
13 | | on supervision for a serious traffic violation, as defined in |
14 | | Section 1-187.001 of the Illinois Vehicle Code, a violation of |
15 | | Section 11-501 of the Illinois Vehicle Code, or a violation of |
16 | | a similar provision of a local ordinance shall pay an |
17 | | additional fee of $35, to be disbursed as provided in Section |
18 | | 16-104d of that Code. |
19 | | This subsection (j) becomes inoperative 7 years after the |
20 | | effective date of Public Act 95-154. |
21 | | (k) For any conviction or disposition of court supervision |
22 | | for a violation of Section 11-1429 of the Illinois Vehicle |
23 | | Code, the circuit clerk shall distribute the fines paid by the |
24 | | person as specified by subsection (h) of Section 11-1429 of the |
25 | | Illinois Vehicle Code. |
26 | | (l) Any person who receives a disposition of court |
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1 | | supervision for a violation of Section 11-501 of the Illinois |
2 | | Vehicle Code or a similar provision of a local ordinance shall, |
3 | | in addition to any other fines, fees, and court costs, pay an |
4 | | additional fee of $50, which shall
be collected by the circuit |
5 | | clerk and then remitted to the State Treasurer for deposit into |
6 | | the Roadside Memorial Fund, a special fund in the State |
7 | | treasury. However, the court may waive the fee if full |
8 | | restitution is complied with. Subject to appropriation, all |
9 | | moneys in the Roadside Memorial Fund shall be used by the |
10 | | Department of Transportation to pay fees imposed under |
11 | | subsection (f) of Section 20 of the Roadside Memorial Act. The |
12 | | fee shall be remitted by the circuit clerk within one month |
13 | | after receipt to the State Treasurer for deposit into the |
14 | | Roadside Memorial Fund. |
15 | | (m) Of the amounts collected as fines under subsection (c) |
16 | | of Section 411.4 of the Illinois Controlled Substances Act or |
17 | | subsection (c) of Section 90 of the Methamphetamine Control and |
18 | | Community Protection Act, 99% shall be deposited to the law |
19 | | enforcement agency or fund specified and 1% shall be deposited |
20 | | into the Circuit Court Clerk Operation and Administrative Fund |
21 | | to be used to offset the costs incurred by the Circuit Court |
22 | | Clerk in performing the additional duties required to collect |
23 | | and disburse funds to entities of State and local government as |
24 | | provided by law. |
25 | | (n) In addition to any other fines and court costs assessed |
26 | | by the courts, any person who is convicted of or pleads guilty |
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1 | | to a violation of the Criminal Code of 1961 or the Criminal |
2 | | Code of 2012, or a similar provision of a local ordinance, or |
3 | | who is convicted of, pleads guilty to, or receives a |
4 | | disposition of court supervision for a violation of the |
5 | | Illinois Vehicle Code, or a similar provision of a local |
6 | | ordinance, the court shall impose pay an additional fine fee of |
7 | | $15 payable to the clerk of the circuit court. This additional |
8 | | fine fee of $15 shall not be considered a part of the fine for |
9 | | purposes of any reduction in the fine for time served either |
10 | | before or after sentencing. This amount, less 2.5% that shall |
11 | | be used to defray administrative costs incurred by the clerk, |
12 | | shall be remitted by the clerk to the State Treasurer within 60 |
13 | | days after receipt for deposit into the State Police Merit |
14 | | Board Public Safety Fund . The 2.5% shall be deposited by the |
15 | | clerk of the circuit into the Circuit Court Clerk Operation and |
16 | | Administration Fund a fund created by the clerk of the circuit |
17 | | court to be used to offset the costs incurred by the circuit |
18 | | court clerk in performing the additional duties required to |
19 | | collect and disburse funds as provided by law . |
20 | | (Source: P.A. 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428, |
21 | | eff. 8-24-07; 95-600, eff. 6-1-08; 95-876, eff. 8-21-08; |
22 | | 96-286, eff. 8-11-09; 96-576, eff. 8-18-09; 96-578, eff. |
23 | | 8-18-09; 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-1175, |
24 | | eff. 9-20-10; 96-1342, eff. 1-1-11; 97-1051, eff. 1-1-13; |
25 | | 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.) |
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1 | | (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667, |
2 | | 96-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, and |
3 | | 97-1150) |
4 | | Sec. 27.6. (a) All fees, fines, costs, additional |
5 | | penalties, bail balances
assessed or forfeited, and any other |
6 | | amount paid by a person to the circuit
clerk equalling an |
7 | | amount of $55 or more, except the fine imposed by Section |
8 | | 5-9-1.15
of the Unified Code of Corrections, the additional fee |
9 | | required
by subsections (b) and (c), restitution under Section |
10 | | 5-5-6 of the
Unified Code of Corrections, contributions to a |
11 | | local anti-crime program ordered pursuant to Section |
12 | | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of |
13 | | Corrections, reimbursement for the costs of an emergency
|
14 | | response as provided under Section 11-501 of the Illinois |
15 | | Vehicle Code,
any fees collected for attending a traffic safety |
16 | | program under paragraph (c)
of Supreme Court Rule 529, any fee |
17 | | collected on behalf of a State's Attorney
under Section 4-2002 |
18 | | of the Counties Code or a sheriff under Section 4-5001
of the |
19 | | Counties Code, or any cost imposed under Section 124A-5 of the |
20 | | Code of
Criminal Procedure of 1963, for convictions, orders of |
21 | | supervision, or any
other disposition for a violation of |
22 | | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a |
23 | | similar provision of a local ordinance, and any
violation of |
24 | | the Child Passenger Protection Act, or a similar provision of a
|
25 | | local ordinance, and except as otherwise provided in this |
26 | | Section
shall be disbursed
within 60 days after receipt by the |
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1 | | circuit
clerk as follows: 44.5% shall be disbursed to the |
2 | | entity authorized by law to
receive the fine imposed in the |
3 | | case; 16.825% shall be disbursed to the State
Treasurer; and |
4 | | 38.675% shall be disbursed to the county's general corporate
|
5 | | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 |
6 | | shall be deposited
by the State Treasurer into the Violent |
7 | | Crime Victims Assistance Fund, 5.052/17
shall be deposited into |
8 | | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall |
9 | | be deposited into the Drivers Education Fund, and 6.948/17 |
10 | | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 |
11 | | deposited into the
Trauma Center Fund from the 16.825% |
12 | | disbursed to the State Treasurer, 50% shall
be disbursed to the |
13 | | Department of Public Health and 50% shall be disbursed to
the |
14 | | Department of Healthcare and Family Services. For fiscal year |
15 | | 1993, amounts deposited into
the Violent Crime Victims |
16 | | Assistance Fund, the Traffic and Criminal
Conviction Surcharge |
17 | | Fund, or the Drivers Education Fund shall not exceed 110%
of |
18 | | the amounts deposited into those funds in fiscal year 1991. Any
|
19 | | amount that exceeds the 110% limit shall be distributed as |
20 | | follows: 50%
shall be disbursed to the county's general |
21 | | corporate fund and 50% shall be
disbursed to the entity |
22 | | authorized by law to receive the fine imposed in
the case. Not |
23 | | later than March 1 of each year the circuit clerk
shall submit |
24 | | a report of the amount of funds remitted to the State
Treasurer |
25 | | under this Section during the preceding year based upon
|
26 | | independent verification of fines and fees. All counties shall |
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1 | | be subject
to this Section, except that counties with a |
2 | | population under 2,000,000
may, by ordinance, elect not to be |
3 | | subject to this Section. For offenses
subject to this Section, |
4 | | judges shall impose one total sum of money payable
for |
5 | | violations. The circuit clerk may add on no additional amounts |
6 | | except
for amounts that are required by Sections 27.3a and |
7 | | 27.3c of
this Act, Section 16-104c of the Illinois Vehicle |
8 | | Code, and subsection (a) of Section 5-1101 of the Counties |
9 | | Code, unless those amounts are specifically waived by the |
10 | | judge. With
respect to money collected by the circuit clerk as |
11 | | a result of
forfeiture of bail, ex parte judgment or guilty |
12 | | plea pursuant to Supreme
Court Rule 529, the circuit clerk |
13 | | shall first deduct and pay amounts
required by Sections 27.3a |
14 | | and 27.3c of this Act. Unless a court ordered payment schedule |
15 | | is implemented or fee requirements are waived pursuant to court |
16 | | order, the clerk of the court may add to any unpaid fees and |
17 | | costs a delinquency amount equal to 5% of the unpaid fees that |
18 | | remain unpaid after 30 days, 10% of the unpaid fees that remain |
19 | | unpaid after 60 days, and 15% of the unpaid fees that remain |
20 | | unpaid after 90 days. Notice to those parties may be made by |
21 | | signage posting or publication. The additional delinquency |
22 | | amounts collected under this Section shall be deposited in the |
23 | | Circuit Court Clerk Operation and Administrative Fund to be |
24 | | used to defray administrative costs incurred by the circuit |
25 | | clerk in performing the duties required to collect and disburse |
26 | | funds. This Section is a denial
and limitation of home rule |
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1 | | powers and functions under subsection (h) of
Section 6 of |
2 | | Article VII of the Illinois Constitution.
|
3 | | (b) In addition to any other fines and court costs assessed |
4 | | by the courts,
any person convicted or receiving an order of |
5 | | supervision for driving under
the influence of alcohol or drugs |
6 | | shall pay an additional fee of $100 to the
clerk of the circuit |
7 | | court. This amount, less 2 1/2% that shall be used to
defray |
8 | | administrative costs incurred by the clerk, shall be remitted |
9 | | by the
clerk to the Treasurer within 60 days after receipt for |
10 | | deposit into the Trauma
Center Fund. This additional fee of |
11 | | $100 shall not be considered a part of the
fine for purposes of |
12 | | any reduction in the fine for time served either before or
|
13 | | after sentencing. Not later than March 1 of each year the |
14 | | Circuit Clerk shall
submit a report of the amount of funds |
15 | | remitted to the State Treasurer under
this subsection during |
16 | | the preceding calendar year.
|
17 | | (b-1) In addition to any other fines and court costs |
18 | | assessed by the courts,
any person convicted or receiving an |
19 | | order of supervision for driving under the
influence of alcohol |
20 | | or drugs shall pay an additional fee of $5 to the clerk
of the |
21 | | circuit court. This amount, less
2 1/2% that shall be used to |
22 | | defray administrative costs incurred by the clerk,
shall be |
23 | | remitted by the clerk to the Treasurer within 60 days after |
24 | | receipt
for deposit into the Spinal Cord Injury Paralysis Cure |
25 | | Research Trust Fund.
This additional fee of $5 shall not
be |
26 | | considered a part of the fine for purposes of any reduction in |
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1 | | the fine for
time served either before or after sentencing. Not |
2 | | later than March 1 of each
year the Circuit Clerk shall submit |
3 | | a report of the amount of funds remitted to
the State Treasurer |
4 | | under this subsection during the preceding calendar
year.
|
5 | | (c) In addition to any other fines and court costs assessed |
6 | | by the courts,
any person convicted for a violation of Sections |
7 | | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or the |
8 | | Criminal Code of 2012 or a person sentenced for a violation of |
9 | | the Cannabis
Control Act, the Illinois Controlled Substances |
10 | | Act, or the Methamphetamine Control and Community Protection |
11 | | Act
shall pay an additional fee of $100 to the clerk
of the |
12 | | circuit court. This amount, less
2 1/2% that shall be used to |
13 | | defray administrative costs incurred by the clerk,
shall be |
14 | | remitted by the clerk to the Treasurer within 60 days after |
15 | | receipt
for deposit into the Trauma Center Fund. This |
16 | | additional fee of $100 shall not
be considered a part of the |
17 | | fine for purposes of any reduction in the fine for
time served |
18 | | either before or after sentencing. Not later than March 1 of |
19 | | each
year the Circuit Clerk shall submit a report of the amount |
20 | | of funds remitted to
the State Treasurer under this subsection |
21 | | during the preceding calendar year.
|
22 | | (c-1) In addition to any other fines and court costs |
23 | | assessed by the
courts, any person sentenced for a violation of |
24 | | the Cannabis Control Act,
the Illinois Controlled Substances |
25 | | Act, or the Methamphetamine Control and Community Protection |
26 | | Act shall pay an additional fee of $5 to the
clerk of the |
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1 | | circuit court. This amount, less 2 1/2% that shall be used to
|
2 | | defray administrative costs incurred by the clerk, shall be |
3 | | remitted by the
clerk to the Treasurer within 60 days after |
4 | | receipt for deposit into the Spinal
Cord Injury Paralysis Cure |
5 | | Research Trust Fund. This additional fee of $5
shall not be |
6 | | considered a part of the fine for purposes of any reduction in |
7 | | the
fine for time served either before or after sentencing. Not |
8 | | later than March 1
of each year the Circuit Clerk shall submit |
9 | | a report of the amount of funds
remitted to the State Treasurer |
10 | | under this subsection during the preceding
calendar year.
|
11 | | (d) The following amounts must be remitted to the State |
12 | | Treasurer for
deposit into the Illinois Animal Abuse Fund:
|
13 | | (1) 50% of the amounts collected for felony offenses |
14 | | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, |
15 | | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for |
16 | | Animals Act and Section 26-5 or 48-1 of the Criminal Code |
17 | | of
1961 or the Criminal Code of 2012;
|
18 | | (2) 20% of the amounts collected for Class A and Class |
19 | | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, |
20 | | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care |
21 | | for Animals Act and Section 26-5 or 48-1 of the Criminal
|
22 | | Code of 1961 or the Criminal Code of 2012; and
|
23 | | (3) 50% of the amounts collected for Class C |
24 | | misdemeanors under Sections
4.01 and 7.1 of the Humane Care |
25 | | for Animals Act and Section 26-5 or 48-1 of the
Criminal |
26 | | Code of 1961 or the Criminal Code of 2012.
|
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1 | | (e) Any person who receives a disposition of court |
2 | | supervision for a violation of the Illinois Vehicle Code or a |
3 | | similar provision of a local ordinance shall, in addition to |
4 | | any other fines, fees, and court costs, pay an additional fee |
5 | | of $29, to be disbursed as provided in Section 16-104c of the |
6 | | Illinois Vehicle Code. In addition to the fee of $29, the |
7 | | person shall also pay a fee of $6, if not waived by the court. |
8 | | If this $6 fee is collected, $5.50 of the fee shall be |
9 | | deposited into the Circuit Court Clerk Operation and |
10 | | Administrative Fund created by the Clerk of the Circuit Court |
11 | | and 50 cents of the fee shall be deposited into the Prisoner |
12 | | Review Board Vehicle and Equipment Fund in the State treasury.
|
13 | | (f) This Section does not apply to the additional child |
14 | | pornography fines assessed and collected under Section |
15 | | 5-9-1.14 of the Unified Code of Corrections.
|
16 | | (g) Any person convicted of or pleading guilty to a serious |
17 | | traffic violation, as defined in Section 1-187.001 of the |
18 | | Illinois Vehicle Code, shall pay an additional fee of $35, to |
19 | | be disbursed as provided in Section 16-104d of that Code. This |
20 | | subsection (g) becomes inoperative 7 years after the effective |
21 | | date of Public Act 95-154. |
22 | | (h) In all counties having a population of 3,000,000 or |
23 | | more inhabitants, |
24 | | (1) A person who is found guilty of or pleads guilty to |
25 | | violating subsection (a) of Section 11-501 of the Illinois |
26 | | Vehicle Code, including any person placed on court |
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1 | | supervision for violating subsection (a), shall be fined |
2 | | $750 as provided for by subsection (f) of Section 11-501.01 |
3 | | of the Illinois Vehicle Code, payable to the circuit clerk, |
4 | | who shall distribute the money pursuant to subsection (f) |
5 | | of Section 11-501.01 of the Illinois Vehicle Code. |
6 | | (2) When a crime laboratory DUI analysis fee of $150, |
7 | | provided for by Section 5-9-1.9 of the Unified Code of |
8 | | Corrections is assessed, it shall be disbursed by the |
9 | | circuit clerk as provided by subsection (f) of Section |
10 | | 5-9-1.9 of the Unified Code of Corrections. |
11 | | (3) When a fine for a violation of Section 11-605.1 of |
12 | | the Illinois Vehicle Code is $250 or greater, the person |
13 | | who violated that Section shall be charged an additional |
14 | | $125 as provided for by subsection (e) of Section 11-605.1 |
15 | | of the Illinois Vehicle Code, which shall be disbursed by |
16 | | the circuit clerk to a State or county Transportation |
17 | | Safety Highway Hire-back Fund as provided by subsection (e) |
18 | | of Section 11-605.1 of the Illinois Vehicle Code. |
19 | | (4) When a fine for a violation of subsection (a) of |
20 | | Section 11-605 of the Illinois Vehicle Code is $150 or |
21 | | greater, the additional $50 which is charged as provided |
22 | | for by subsection (f) of Section 11-605 of the Illinois |
23 | | Vehicle Code shall be disbursed by the circuit clerk to a |
24 | | school district or districts for school safety purposes as |
25 | | provided by subsection (f) of Section 11-605. |
26 | | (5) When a fine for a violation of subsection (a) of |
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1 | | Section 11-1002.5 of the Illinois Vehicle Code is $150 or |
2 | | greater, the additional $50 which is charged as provided |
3 | | for by subsection (c) of Section 11-1002.5 of the Illinois |
4 | | Vehicle Code shall be disbursed by the circuit clerk to a |
5 | | school district or districts for school safety purposes as |
6 | | provided by subsection (c) of Section 11-1002.5 of the |
7 | | Illinois Vehicle Code. |
8 | | (6) When a mandatory drug court fee of up to $5 is |
9 | | assessed as provided in subsection (f) of Section 5-1101 of |
10 | | the Counties Code, it shall be disbursed by the circuit |
11 | | clerk as provided in subsection (f) of Section 5-1101 of |
12 | | the Counties Code. |
13 | | (7) When a mandatory teen court, peer jury, youth |
14 | | court, or other youth diversion program fee is assessed as |
15 | | provided in subsection (e) of Section 5-1101 of the |
16 | | Counties Code, it shall be disbursed by the circuit clerk |
17 | | as provided in subsection (e) of Section 5-1101 of the |
18 | | Counties Code. |
19 | | (8) When a Children's Advocacy Center fee is assessed |
20 | | pursuant to subsection (f-5) of Section 5-1101 of the |
21 | | Counties Code, it shall be disbursed by the circuit clerk |
22 | | as provided in subsection (f-5) of Section 5-1101 of the |
23 | | Counties Code. |
24 | | (9) When a victim impact panel fee is assessed pursuant |
25 | | to subsection (b) of Section 11-501.01 of the Vehicle Code, |
26 | | it shall be disbursed by the circuit clerk to the victim |
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1 | | impact panel to be attended by the defendant. |
2 | | (10) When a new fee collected in traffic cases is |
3 | | enacted after the effective date of this subsection (h), it |
4 | | shall be excluded from the percentage disbursement |
5 | | provisions of this Section unless otherwise indicated by |
6 | | law. |
7 | | (i)
Of the amounts collected as fines under subsection (b) |
8 | | of Section 3-712 of the Illinois Vehicle Code, 99% shall be |
9 | | deposited into the Illinois Military Family Relief Fund and 1% |
10 | | shall be deposited into the Circuit Court Clerk Operation and |
11 | | Administrative Fund created by the Clerk of the Circuit Court |
12 | | to be used to offset the costs incurred by the Circuit Court |
13 | | Clerk in performing the additional duties required to collect |
14 | | and disburse funds to entities of State and local government as |
15 | | provided by law.
|
16 | | (j) (Blank). |
17 | | (k) For any conviction or disposition of court supervision |
18 | | for a violation of Section 11-1429 of the Illinois Vehicle |
19 | | Code, the circuit clerk shall distribute the fines paid by the |
20 | | person as specified by subsection (h) of Section 11-1429 of the |
21 | | Illinois Vehicle Code. |
22 | | (l) Any person who receives a disposition of court |
23 | | supervision for a violation of Section 11-501 of the Illinois |
24 | | Vehicle Code or a similar provision of a local ordinance shall, |
25 | | in addition to any other fines, fees, and court costs, pay an |
26 | | additional fee of $50, which shall
be collected by the circuit |
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1 | | clerk and then remitted to the State Treasurer for deposit into |
2 | | the Roadside Memorial Fund, a special fund in the State |
3 | | treasury. However, the court may waive the fee if full |
4 | | restitution is complied with. Subject to appropriation, all |
5 | | moneys in the Roadside Memorial Fund shall be used by the |
6 | | Department of Transportation to pay fees imposed under |
7 | | subsection (f) of Section 20 of the Roadside Memorial Act. The |
8 | | fee shall be remitted by the circuit clerk within one month |
9 | | after receipt to the State Treasurer for deposit into the |
10 | | Roadside Memorial Fund. |
11 | | (m) Of the amounts collected as fines under subsection (c) |
12 | | of Section 411.4 of the Illinois Controlled Substances Act or |
13 | | subsection (c) of Section 90 of the Methamphetamine Control and |
14 | | Community Protection Act, 99% shall be deposited to the law |
15 | | enforcement agency or fund specified and 1% shall be deposited |
16 | | into the Circuit Court Clerk Operation and Administrative Fund |
17 | | to be used to offset the costs incurred by the Circuit Court |
18 | | Clerk in performing the additional duties required to collect |
19 | | and disburse funds to entities of State and local government as |
20 | | provided by law. |
21 | | (n) In addition to any other fines and court costs assessed |
22 | | by the courts, any person who is convicted of or pleads guilty |
23 | | to a violation of the Criminal Code of 1961 or the Criminal |
24 | | Code of 2012, or a similar provision of a local ordinance, or |
25 | | who is convicted of, pleads guilty to, or receives a |
26 | | disposition of court supervision for a violation of the |
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1 | | Illinois Vehicle Code, or a similar provision of a local |
2 | | ordinance, the court shall impose pay an additional fine fee of |
3 | | $15 payable to the clerk of the circuit court. This additional |
4 | | fine fee of $15 shall not be considered a part of the fine for |
5 | | purposes of any reduction in the fine for time served either |
6 | | before or after sentencing. This amount, less 2.5% that shall |
7 | | be used to defray administrative costs incurred by the clerk, |
8 | | shall be remitted by the clerk to the State Treasurer within 60 |
9 | | days after receipt for deposit into the State Police Merit |
10 | | Board Public Safety Fund . The 2.5% shall be deposited by the |
11 | | clerk of the circuit court into the Circuit Court Clerk |
12 | | Operation and Administration Fund a fund created by the clerk |
13 | | of the circuit court to be used to offset the costs incurred by |
14 | | the circuit court clerk in performing the additional duties |
15 | | required to collect and disburse funds as provided by law . |
16 | | (Source: P.A. 96-576, eff. 8-18-09; 96-578, eff. 8-18-09; |
17 | | 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-735, eff. 1-1-10; |
18 | | 96-1175, eff. 9-20-10; 96-1342, eff. 1-1-11; 97-434, eff. |
19 | | 1-1-12; 97-1051, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1150, |
20 | | eff. 1-25-13.) |
21 | | Section 20. The Unified Code of Corrections is amended by |
22 | | adding Section 5-9-1.21 as follows: |
23 | | (730 ILCS 5/5-9-1.21 new) |
24 | | Sec. 5-9-1.21. Additional public safety fine. In counties |
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1 | | that have elected not to distribute moneys under the |
2 | | disbursement formulas in Sections 27.5 and 27.6 of the Clerks |
3 | | of Courts Act, in addition to any other penalty and imposed by |
4 | | the court, any person who is convicted of or receives a |
5 | | disposition of court supervision for any violation of the |
6 | | Criminal Code of 1961 or the Criminal Code of 2012, the court |
7 | | shall impose an additional fine of $15 payable to the clerk of |
8 | | the circuit court. This additional fine of $15 shall not be |
9 | | considered a part of the fine for purposes of any reduction in |
10 | | the fine for time served either before or after sentencing. |
11 | | This additional fine, less 2.5%, shall be remitted by the clerk |
12 | | to the State Treasurer within 60 days after receipt for deposit |
13 | | into the State Police Merit Board Public Safety Fund. The 2.5% |
14 | | shall be deposited by the clerk into the Circuit Court Clerk |
15 | | Operation and Administration Fund a fund created by the clerk |
16 | | of the circuit court to be used to offset the costs incurred by |
17 | | the circuit court clerk in performing the additional duties |
18 | | required to collect and disburse funds as provided by law. ".
|