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Sen. Toi W. Hutchinson
Filed: 4/3/2014
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1 | | AMENDMENT TO SENATE BILL 3558
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2 | | AMENDMENT NO. ______. Amend Senate Bill 3558, AS AMENDED, |
3 | | by replacing everything after the enacting clause with the |
4 | | following:
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5 | | "Section 5. The State Finance Act is amended by adding |
6 | | Section 5.855 as follows: |
7 | | (30 ILCS 105/5.855 new) |
8 | | Sec. 5.855. The Specialized Services for Survivors of Human |
9 | | Trafficking Fund. |
10 | | Section 10. The Clerks of Courts Act is amended by changing |
11 | | Section 27.6 as follows:
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12 | | (705 ILCS 105/27.6)
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13 | | (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625, |
14 | | 96-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, and |
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1 | | 97-1150) |
2 | | Sec. 27.6. (a) All fees, fines, costs, additional |
3 | | penalties, bail balances
assessed or forfeited, and any other |
4 | | amount paid by a person to the circuit
clerk equalling an |
5 | | amount of $55 or more, except the fine imposed by Section |
6 | | 5-9-1.15
of the Unified Code of Corrections, the additional fee |
7 | | required
by subsections (b) and (c), restitution under Section |
8 | | 5-5-6 of the
Unified Code of Corrections, contributions to a |
9 | | local anti-crime program ordered pursuant to Section |
10 | | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of |
11 | | Corrections, reimbursement for the costs of an emergency
|
12 | | response as provided under Section 11-501 of the Illinois |
13 | | Vehicle Code,
any fees collected for attending a traffic safety |
14 | | program under paragraph (c)
of Supreme Court Rule 529, any fee |
15 | | collected on behalf of a State's Attorney
under Section 4-2002 |
16 | | of the Counties Code or a sheriff under Section 4-5001
of the |
17 | | Counties Code, or any cost imposed under Section 124A-5 of the |
18 | | Code of
Criminal Procedure of 1963, for convictions, orders of |
19 | | supervision, or any
other disposition for a violation of |
20 | | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a |
21 | | similar provision of a local ordinance, and any
violation of |
22 | | the Child Passenger Protection Act, or a similar provision of a
|
23 | | local ordinance, and except as otherwise provided in this |
24 | | Section
shall be disbursed
within 60 days after receipt by the |
25 | | circuit
clerk as follows: 44.5% shall be disbursed to the |
26 | | entity authorized by law to
receive the fine imposed in the |
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1 | | case; 16.825% shall be disbursed to the State
Treasurer; and |
2 | | 38.675% shall be disbursed to the county's general corporate
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3 | | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 |
4 | | shall be deposited
by the State Treasurer into the Violent |
5 | | Crime Victims Assistance Fund, 5.052/17
shall be deposited into |
6 | | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall |
7 | | be deposited into the Drivers Education Fund, and 6.948/17 |
8 | | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 |
9 | | deposited into the
Trauma Center Fund from the 16.825% |
10 | | disbursed to the State Treasurer, 50% shall
be disbursed to the |
11 | | Department of Public Health and 50% shall be disbursed to
the |
12 | | Department of Healthcare and Family Services. For fiscal year |
13 | | 1993, amounts deposited into
the Violent Crime Victims |
14 | | Assistance Fund, the Traffic and Criminal
Conviction Surcharge |
15 | | Fund, or the Drivers Education Fund shall not exceed 110%
of |
16 | | the amounts deposited into those funds in fiscal year 1991. Any
|
17 | | amount that exceeds the 110% limit shall be distributed as |
18 | | follows: 50%
shall be disbursed to the county's general |
19 | | corporate fund and 50% shall be
disbursed to the entity |
20 | | authorized by law to receive the fine imposed in
the case. Not |
21 | | later than March 1 of each year the circuit clerk
shall submit |
22 | | a report of the amount of funds remitted to the State
Treasurer |
23 | | under this Section during the preceding year based upon
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24 | | independent verification of fines and fees. All counties shall |
25 | | be subject
to this Section, except that counties with a |
26 | | population under 2,000,000
may, by ordinance, elect not to be |
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1 | | subject to this Section. For offenses
subject to this Section, |
2 | | judges shall impose one total sum of money payable
for |
3 | | violations. The circuit clerk may add on no additional amounts |
4 | | except
for amounts that are required by Sections 27.3a and |
5 | | 27.3c of
this Act, unless those amounts are specifically waived |
6 | | by the judge. With
respect to money collected by the circuit |
7 | | clerk as a result of
forfeiture of bail, ex parte judgment or |
8 | | guilty plea pursuant to Supreme
Court Rule 529, the circuit |
9 | | clerk shall first deduct and pay amounts
required by Sections |
10 | | 27.3a and 27.3c of this Act. This Section is a denial
and |
11 | | limitation of home rule powers and functions under subsection |
12 | | (h) of
Section 6 of Article VII of the Illinois Constitution.
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13 | | (b) In addition to any other fines and court costs assessed |
14 | | by the courts,
any person convicted or receiving an order of |
15 | | supervision for driving under
the influence of alcohol or drugs |
16 | | shall pay an additional fee of $100 to the
clerk of the circuit |
17 | | court. This amount, less 2 1/2% that shall be used to
defray |
18 | | administrative costs incurred by the clerk, shall be remitted |
19 | | by the
clerk to the Treasurer within 60 days after receipt for |
20 | | deposit into the Trauma
Center Fund. This additional fee of |
21 | | $100 shall not be considered a part of the
fine for purposes of |
22 | | any reduction in the fine for time served either before or
|
23 | | after sentencing. Not later than March 1 of each year the |
24 | | Circuit Clerk shall
submit a report of the amount of funds |
25 | | remitted to the State Treasurer under
this subsection during |
26 | | the preceding calendar year.
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1 | | (b-1) In addition to any other fines and court costs |
2 | | assessed by the courts,
any person convicted or receiving an |
3 | | order of supervision for driving under the
influence of alcohol |
4 | | or drugs shall pay an additional fee of $5 to the clerk
of the |
5 | | circuit court. This amount, less
2 1/2% that shall be used to |
6 | | defray administrative costs incurred by the clerk,
shall be |
7 | | remitted by the clerk to the Treasurer within 60 days after |
8 | | receipt
for deposit into the Spinal Cord Injury Paralysis Cure |
9 | | Research Trust Fund.
This additional fee of $5 shall not
be |
10 | | considered a part of the fine for purposes of any reduction in |
11 | | the fine for
time served either before or after sentencing. Not |
12 | | later than March 1 of each
year the Circuit Clerk shall submit |
13 | | a report of the amount of funds remitted to
the State Treasurer |
14 | | under this subsection during the preceding calendar
year.
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15 | | (c) In addition to any other fines and court costs assessed |
16 | | by the courts,
any person convicted for a violation of Sections |
17 | | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or the |
18 | | Criminal Code of 2012 or a person sentenced for a violation of |
19 | | the Cannabis
Control Act, the Illinois Controlled Substances |
20 | | Act, or the Methamphetamine Control and Community Protection |
21 | | Act
shall pay an additional fee of $100 to the clerk
of the |
22 | | circuit court. This amount, less
2 1/2% that shall be used to |
23 | | defray administrative costs incurred by the clerk,
shall be |
24 | | remitted by the clerk to the Treasurer within 60 days after |
25 | | receipt
for deposit into the Trauma Center Fund. This |
26 | | additional fee of $100 shall not
be considered a part of the |
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1 | | fine for purposes of any reduction in the fine for
time served |
2 | | either before or after sentencing. Not later than March 1 of |
3 | | each
year the Circuit Clerk shall submit a report of the amount |
4 | | of funds remitted to
the State Treasurer under this subsection |
5 | | during the preceding calendar year.
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6 | | (c-1) In addition to any other fines and court costs |
7 | | assessed by the
courts, any person sentenced for a violation of |
8 | | the Cannabis Control Act,
the Illinois Controlled Substances |
9 | | Act, or the Methamphetamine Control and Community Protection |
10 | | Act shall pay an additional fee of $5 to the
clerk of the |
11 | | circuit court. This amount, less 2 1/2% that shall be used to
|
12 | | defray administrative costs incurred by the clerk, shall be |
13 | | remitted by the
clerk to the Treasurer within 60 days after |
14 | | receipt for deposit into the Spinal
Cord Injury Paralysis Cure |
15 | | Research Trust Fund. This additional fee of $5
shall not be |
16 | | considered a part of the fine for purposes of any reduction in |
17 | | the
fine for time served either before or after sentencing. Not |
18 | | later than March 1
of each year the Circuit Clerk shall submit |
19 | | a report of the amount of funds
remitted to the State Treasurer |
20 | | under this subsection during the preceding
calendar year.
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21 | | (d) The following amounts must be remitted to the State |
22 | | Treasurer for
deposit into the Illinois Animal Abuse Fund:
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23 | | (1) 50% of the amounts collected for felony offenses |
24 | | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, |
25 | | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for |
26 | | Animals Act and Section 26-5 or 48-1 of the Criminal Code |
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1 | | of
1961 or the Criminal Code of 2012;
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2 | | (2) 20% of the amounts collected for Class A and Class |
3 | | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, |
4 | | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care |
5 | | for Animals Act and Section 26-5 or 48-1 of the Criminal
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6 | | Code of 1961 or the Criminal Code of 2012; and
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7 | | (3) 50% of the amounts collected for Class C |
8 | | misdemeanors under Sections
4.01 and 7.1 of the Humane Care |
9 | | for Animals Act and Section 26-5 or 48-1 of the
Criminal |
10 | | Code of 1961 or the Criminal Code of 2012.
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11 | | (e) Any person who receives a disposition of court |
12 | | supervision for a violation of the Illinois Vehicle Code or a |
13 | | similar provision of a local ordinance shall, in addition to |
14 | | any other fines, fees, and court costs, pay an additional fee |
15 | | of $29, to be disbursed as provided in Section 16-104c of the |
16 | | Illinois Vehicle Code. In addition to the fee of $29, the |
17 | | person shall also pay a fee of $6, if not waived by the court. |
18 | | If this $6 fee is collected, $5.50 of the fee shall be |
19 | | deposited into the Circuit Court Clerk Operation and |
20 | | Administrative Fund created by the Clerk of the Circuit Court |
21 | | and 50 cents of the fee shall be deposited into the Prisoner |
22 | | Review Board Vehicle and Equipment Fund in the State treasury.
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23 | | (f) This Section does not apply to the additional child |
24 | | pornography fines assessed and collected under Section |
25 | | 5-9-1.14 of the Unified Code of Corrections.
|
26 | | (g) (Blank). |
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1 | | (h) (Blank). |
2 | | (i)
Of the amounts collected as fines under subsection (b) |
3 | | of Section 3-712 of the Illinois Vehicle Code, 99% shall be |
4 | | deposited into the Illinois Military Family Relief Fund and 1% |
5 | | shall be deposited into the Circuit Court Clerk Operation and |
6 | | Administrative Fund created by the Clerk of the Circuit Court |
7 | | to be used to offset the costs incurred by the Circuit Court |
8 | | Clerk in performing the additional duties required to collect |
9 | | and disburse funds to entities of State and local government as |
10 | | provided by law.
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11 | | (j) Any person convicted of, pleading guilty to, or placed |
12 | | on supervision for a serious traffic violation, as defined in |
13 | | Section 1-187.001 of the Illinois Vehicle Code, a violation of |
14 | | Section 11-501 of the Illinois Vehicle Code, or a violation of |
15 | | a similar provision of a local ordinance shall pay an |
16 | | additional fee of $35, to be disbursed as provided in Section |
17 | | 16-104d of that Code. |
18 | | This subsection (j) becomes inoperative 7 years after the |
19 | | effective date of Public Act 95-154. |
20 | | (k) For any conviction or disposition of court supervision |
21 | | for a violation of Section 11-1429 of the Illinois Vehicle |
22 | | Code, the circuit clerk shall distribute the fines paid by the |
23 | | person as specified by subsection (h) of Section 11-1429 of the |
24 | | Illinois Vehicle Code. |
25 | | (l) Any person who receives a disposition of court |
26 | | supervision for a violation of Section 11-501 of the Illinois |
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1 | | Vehicle Code or a similar provision of a local ordinance shall, |
2 | | in addition to any other fines, fees, and court costs, pay an |
3 | | additional fee of $50, which shall
be collected by the circuit |
4 | | clerk and then remitted to the State Treasurer for deposit into |
5 | | the Roadside Memorial Fund, a special fund in the State |
6 | | treasury. However, the court may waive the fee if full |
7 | | restitution is complied with. Subject to appropriation, all |
8 | | moneys in the Roadside Memorial Fund shall be used by the |
9 | | Department of Transportation to pay fees imposed under |
10 | | subsection (f) of Section 20 of the Roadside Memorial Act. The |
11 | | fee shall be remitted by the circuit clerk within one month |
12 | | after receipt to the State Treasurer for deposit into the |
13 | | Roadside Memorial Fund. |
14 | | (m) Of the amounts collected as fines under subsection (c) |
15 | | of Section 411.4 of the Illinois Controlled Substances Act or |
16 | | subsection (c) of Section 90 of the Methamphetamine Control and |
17 | | Community Protection Act, 99% shall be deposited to the law |
18 | | enforcement agency or fund specified and 1% shall be deposited |
19 | | into the Circuit Court Clerk Operation and Administrative Fund |
20 | | to be used to offset the costs incurred by the Circuit Court |
21 | | Clerk in performing the additional duties required to collect |
22 | | and disburse funds to entities of State and local government as |
23 | | provided by law. |
24 | | (n) In addition to any other fines and court costs assessed |
25 | | by the courts, any person who is convicted of or pleads guilty |
26 | | to a violation of the Criminal Code of 1961 or the Criminal |
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1 | | Code of 2012, or a similar provision of a local ordinance, or |
2 | | who is convicted of, pleads guilty to, or receives a |
3 | | disposition of court supervision for a violation of the |
4 | | Illinois Vehicle Code, or a similar provision of a local |
5 | | ordinance, shall pay an additional fee of $15 to the clerk of |
6 | | the circuit court. This additional fee of $15 shall not be |
7 | | considered a part of the fine for purposes of any reduction in |
8 | | the fine for time served either before or after sentencing. |
9 | | This amount, less 2.5% that shall be used to defray |
10 | | administrative costs incurred by the clerk, shall be remitted |
11 | | by the clerk to the State Treasurer within 60 days after |
12 | | receipt for deposit into the State Police Merit Board Public |
13 | | Safety Fund. |
14 | | (o) The amounts collected as fines under Sections 10-9, |
15 | | 11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall |
16 | | be collected by the circuit clerk and distributed as provided |
17 | | under Section 5-9-1.21 of the Unified Code of Corrections in |
18 | | lieu of any disbursement under subsection (a) of this Section. |
19 | | (Source: P.A. 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428, |
20 | | eff. 8-24-07; 95-600, eff. 6-1-08; 95-876, eff. 8-21-08; |
21 | | 96-286, eff. 8-11-09; 96-576, eff. 8-18-09; 96-578, eff. |
22 | | 8-18-09; 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-1175, |
23 | | eff. 9-20-10; 96-1342, eff. 1-1-11; 97-1051, eff. 1-1-13; |
24 | | 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.) |
25 | | (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667, |
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1 | | 96-735, 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, Section 16-104c of the Illinois Vehicle |
7 | | Code, and subsection (a) of Section 5-1101 of the Counties |
8 | | Code, unless those amounts are specifically waived by the |
9 | | judge. With
respect to money collected by the circuit clerk as |
10 | | a result of
forfeiture of bail, ex parte judgment or guilty |
11 | | plea pursuant to Supreme
Court Rule 529, the circuit clerk |
12 | | shall first deduct and pay amounts
required by Sections 27.3a |
13 | | and 27.3c of this Act. Unless a court ordered payment schedule |
14 | | is implemented or fee requirements are waived pursuant to court |
15 | | order, the clerk of the court may add to any unpaid fees and |
16 | | costs a delinquency amount equal to 5% of the unpaid fees that |
17 | | remain unpaid after 30 days, 10% of the unpaid fees that remain |
18 | | unpaid after 60 days, and 15% of the unpaid fees that remain |
19 | | unpaid after 90 days. Notice to those parties may be made by |
20 | | signage posting or publication. The additional delinquency |
21 | | amounts collected under this Section shall be deposited in the |
22 | | Circuit Court Clerk Operation and Administrative Fund to be |
23 | | used to defray administrative costs incurred by the circuit |
24 | | clerk in performing the duties required to collect and disburse |
25 | | funds. This Section is a denial
and limitation of home rule |
26 | | powers and functions under subsection (h) of
Section 6 of |
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1 | | Article VII of the Illinois Constitution.
|
2 | | (b) In addition to any other fines and court costs assessed |
3 | | by the courts,
any person convicted or receiving an order of |
4 | | supervision for driving under
the influence of alcohol or drugs |
5 | | shall pay an additional fee of $100 to the
clerk of the circuit |
6 | | court. This amount, less 2 1/2% that shall be used to
defray |
7 | | administrative costs incurred by the clerk, shall be remitted |
8 | | by the
clerk to the Treasurer within 60 days after receipt for |
9 | | deposit into the Trauma
Center Fund. This additional fee of |
10 | | $100 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. Not later than March 1 of each year the |
13 | | Circuit Clerk shall
submit a report of the amount of funds |
14 | | remitted to the State Treasurer under
this subsection during |
15 | | the preceding calendar year.
|
16 | | (b-1) In addition to any other fines and court costs |
17 | | assessed by the courts,
any person convicted or receiving an |
18 | | order of supervision for driving under the
influence of alcohol |
19 | | or drugs shall pay an additional fee of $5 to the clerk
of the |
20 | | circuit court. This amount, less
2 1/2% that shall be used to |
21 | | defray administrative costs incurred by the clerk,
shall be |
22 | | remitted by the clerk to the Treasurer within 60 days after |
23 | | receipt
for deposit into the Spinal Cord Injury Paralysis Cure |
24 | | Research Trust Fund.
This additional fee of $5 shall not
be |
25 | | considered a part of the fine for purposes of any reduction in |
26 | | the fine for
time served either before or after sentencing. Not |
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1 | | later than March 1 of each
year the Circuit Clerk shall submit |
2 | | a report of the amount of funds remitted to
the State Treasurer |
3 | | under this subsection during the preceding calendar
year.
|
4 | | (c) In addition to any other fines and court costs assessed |
5 | | by the courts,
any person convicted for a violation of Sections |
6 | | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or the |
7 | | Criminal Code of 2012 or a person sentenced for a violation of |
8 | | the Cannabis
Control Act, the Illinois Controlled Substances |
9 | | Act, or the Methamphetamine Control and Community Protection |
10 | | Act
shall pay an additional fee of $100 to the clerk
of the |
11 | | circuit court. This amount, less
2 1/2% that shall be used to |
12 | | defray administrative costs incurred by the clerk,
shall be |
13 | | remitted by the clerk to the Treasurer within 60 days after |
14 | | receipt
for deposit into the Trauma Center Fund. This |
15 | | additional fee of $100 shall not
be considered a part of the |
16 | | fine for purposes of any reduction in the fine for
time served |
17 | | either before or after sentencing. Not later than March 1 of |
18 | | each
year the Circuit Clerk shall submit a report of the amount |
19 | | of funds remitted to
the State Treasurer under this subsection |
20 | | during the preceding calendar year.
|
21 | | (c-1) In addition to any other fines and court costs |
22 | | assessed by the
courts, any person sentenced for a violation of |
23 | | the Cannabis Control Act,
the Illinois Controlled Substances |
24 | | Act, or the Methamphetamine Control and Community Protection |
25 | | Act shall pay an additional fee of $5 to the
clerk of the |
26 | | circuit court. This amount, less 2 1/2% that shall be used to
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1 | | defray administrative costs incurred by the clerk, shall be |
2 | | remitted by the
clerk to the Treasurer within 60 days after |
3 | | receipt for deposit into the Spinal
Cord Injury Paralysis Cure |
4 | | Research Trust Fund. This additional fee of $5
shall not be |
5 | | considered a part of the fine for purposes of any reduction in |
6 | | the
fine for time served either before or after sentencing. Not |
7 | | later than March 1
of each year the Circuit Clerk shall submit |
8 | | a report of the amount of funds
remitted to the State Treasurer |
9 | | under this subsection during the preceding
calendar year.
|
10 | | (d) The following amounts must be remitted to the State |
11 | | Treasurer for
deposit into the Illinois Animal Abuse Fund:
|
12 | | (1) 50% of the amounts collected for felony offenses |
13 | | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, |
14 | | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for |
15 | | Animals Act and Section 26-5 or 48-1 of the Criminal Code |
16 | | of
1961 or the Criminal Code of 2012;
|
17 | | (2) 20% of the amounts collected for Class A and Class |
18 | | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, |
19 | | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care |
20 | | for Animals Act and Section 26-5 or 48-1 of the Criminal
|
21 | | Code of 1961 or the Criminal Code of 2012; and
|
22 | | (3) 50% of the amounts collected for Class C |
23 | | misdemeanors under Sections
4.01 and 7.1 of the Humane Care |
24 | | for Animals Act and Section 26-5 or 48-1 of the
Criminal |
25 | | Code of 1961 or the Criminal Code of 2012.
|
26 | | (e) Any person who receives a disposition of court |
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1 | | supervision for a violation of the Illinois Vehicle Code or a |
2 | | similar provision of a local ordinance shall, in addition to |
3 | | any other fines, fees, and court costs, pay an additional fee |
4 | | of $29, to be disbursed as provided in Section 16-104c of the |
5 | | Illinois Vehicle Code. In addition to the fee of $29, the |
6 | | person shall also pay a fee of $6, if not waived by the court. |
7 | | If this $6 fee is collected, $5.50 of the fee shall be |
8 | | deposited into the Circuit Court Clerk Operation and |
9 | | Administrative Fund created by the Clerk of the Circuit Court |
10 | | and 50 cents of the fee shall be deposited into the Prisoner |
11 | | Review Board Vehicle and Equipment Fund in the State treasury.
|
12 | | (f) This Section does not apply to the additional child |
13 | | pornography fines assessed and collected under Section |
14 | | 5-9-1.14 of the Unified Code of Corrections.
|
15 | | (g) Any person convicted of or pleading guilty to a serious |
16 | | traffic violation, as defined in Section 1-187.001 of the |
17 | | Illinois Vehicle Code, shall pay an additional fee of $35, to |
18 | | be disbursed as provided in Section 16-104d of that Code. This |
19 | | subsection (g) becomes inoperative 7 years after the effective |
20 | | date of Public Act 95-154. |
21 | | (h) In all counties having a population of 3,000,000 or |
22 | | more inhabitants, |
23 | | (1) A person who is found guilty of or pleads guilty to |
24 | | violating subsection (a) of Section 11-501 of the Illinois |
25 | | Vehicle Code, including any person placed on court |
26 | | supervision for violating subsection (a), shall be fined |
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1 | | $750 as provided for by subsection (f) of Section 11-501.01 |
2 | | of the Illinois Vehicle Code, payable to the circuit clerk, |
3 | | who shall distribute the money pursuant to subsection (f) |
4 | | of Section 11-501.01 of the Illinois Vehicle Code. |
5 | | (2) When a crime laboratory DUI analysis fee of $150, |
6 | | provided for by Section 5-9-1.9 of the Unified Code of |
7 | | Corrections is assessed, it shall be disbursed by the |
8 | | circuit clerk as provided by subsection (f) of Section |
9 | | 5-9-1.9 of the Unified Code of Corrections. |
10 | | (3) When a fine for a violation of Section 11-605.1 of |
11 | | the Illinois Vehicle Code is $250 or greater, the person |
12 | | who violated that Section shall be charged an additional |
13 | | $125 as provided for by subsection (e) of Section 11-605.1 |
14 | | of the Illinois Vehicle Code, which shall be disbursed by |
15 | | the circuit clerk to a State or county Transportation |
16 | | Safety Highway Hire-back Fund as provided by subsection (e) |
17 | | of Section 11-605.1 of the Illinois Vehicle Code. |
18 | | (4) When a fine for a violation of subsection (a) of |
19 | | Section 11-605 of the Illinois Vehicle Code is $150 or |
20 | | greater, the additional $50 which is charged as provided |
21 | | for by subsection (f) of Section 11-605 of the Illinois |
22 | | Vehicle Code shall be disbursed by the circuit clerk to a |
23 | | school district or districts for school safety purposes as |
24 | | provided by subsection (f) of Section 11-605. |
25 | | (5) When a fine for a violation of subsection (a) of |
26 | | Section 11-1002.5 of the Illinois Vehicle Code is $150 or |
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1 | | greater, the additional $50 which is charged as provided |
2 | | for by subsection (c) of Section 11-1002.5 of the Illinois |
3 | | Vehicle Code shall be disbursed by the circuit clerk to a |
4 | | school district or districts for school safety purposes as |
5 | | provided by subsection (c) of Section 11-1002.5 of the |
6 | | Illinois Vehicle Code. |
7 | | (6) When a mandatory drug court fee of up to $5 is |
8 | | assessed as provided in subsection (f) of Section 5-1101 of |
9 | | the Counties Code, it shall be disbursed by the circuit |
10 | | clerk as provided in subsection (f) of Section 5-1101 of |
11 | | the Counties Code. |
12 | | (7) When a mandatory teen court, peer jury, youth |
13 | | court, or other youth diversion program fee is assessed as |
14 | | provided in subsection (e) of Section 5-1101 of the |
15 | | Counties Code, it shall be disbursed by the circuit clerk |
16 | | as provided in subsection (e) of Section 5-1101 of the |
17 | | Counties Code. |
18 | | (8) When a Children's Advocacy Center fee is assessed |
19 | | pursuant to subsection (f-5) of Section 5-1101 of the |
20 | | Counties Code, it shall be disbursed by the circuit clerk |
21 | | as provided in subsection (f-5) of Section 5-1101 of the |
22 | | Counties Code. |
23 | | (9) When a victim impact panel fee is assessed pursuant |
24 | | to subsection (b) of Section 11-501.01 of the Vehicle Code, |
25 | | it shall be disbursed by the circuit clerk to the victim |
26 | | impact panel to be attended by the defendant. |
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1 | | (10) When a new fee collected in traffic cases is |
2 | | enacted after the effective date of this subsection (h), it |
3 | | shall be excluded from the percentage disbursement |
4 | | provisions of this Section unless otherwise indicated by |
5 | | law. |
6 | | (i)
Of the amounts collected as fines under subsection (b) |
7 | | of Section 3-712 of the Illinois Vehicle Code, 99% shall be |
8 | | deposited into the Illinois Military Family Relief Fund and 1% |
9 | | shall be deposited into the Circuit Court Clerk Operation and |
10 | | Administrative Fund created by the Clerk of the Circuit Court |
11 | | to be used to offset the costs incurred by the Circuit Court |
12 | | Clerk in performing the additional duties required to collect |
13 | | and disburse funds to entities of State and local government as |
14 | | provided by law.
|
15 | | (j) (Blank). |
16 | | (k) For any conviction or disposition of court supervision |
17 | | for a violation of Section 11-1429 of the Illinois Vehicle |
18 | | Code, the circuit clerk shall distribute the fines paid by the |
19 | | person as specified by subsection (h) of Section 11-1429 of the |
20 | | Illinois Vehicle Code. |
21 | | (l) Any person who receives a disposition of court |
22 | | supervision for a violation of Section 11-501 of the Illinois |
23 | | Vehicle Code or a similar provision of a local ordinance shall, |
24 | | in addition to any other fines, fees, and court costs, pay an |
25 | | additional fee of $50, which shall
be collected by the circuit |
26 | | clerk and then remitted to the State Treasurer for deposit into |
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1 | | the Roadside Memorial Fund, a special fund in the State |
2 | | treasury. However, the court may waive the fee if full |
3 | | restitution is complied with. Subject to appropriation, all |
4 | | moneys in the Roadside Memorial Fund shall be used by the |
5 | | Department of Transportation to pay fees imposed under |
6 | | subsection (f) of Section 20 of the Roadside Memorial Act. The |
7 | | fee shall be remitted by the circuit clerk within one month |
8 | | after receipt to the State Treasurer for deposit into the |
9 | | Roadside Memorial Fund. |
10 | | (m) Of the amounts collected as fines under subsection (c) |
11 | | of Section 411.4 of the Illinois Controlled Substances Act or |
12 | | subsection (c) of Section 90 of the Methamphetamine Control and |
13 | | Community Protection Act, 99% shall be deposited to the law |
14 | | enforcement agency or fund specified and 1% shall be deposited |
15 | | into the Circuit Court Clerk Operation and Administrative Fund |
16 | | to be used to offset the costs incurred by the Circuit Court |
17 | | Clerk in performing the additional duties required to collect |
18 | | and disburse funds to entities of State and local government as |
19 | | provided by law. |
20 | | (n) In addition to any other fines and court costs assessed |
21 | | by the courts, any person who is convicted of or pleads guilty |
22 | | to a violation of the Criminal Code of 1961 or the Criminal |
23 | | Code of 2012, or a similar provision of a local ordinance, or |
24 | | who is convicted of, pleads guilty to, or receives a |
25 | | disposition of court supervision for a violation of the |
26 | | Illinois Vehicle Code, or a similar provision of a local |
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1 | | ordinance, shall pay an additional fee of $15 to the clerk of |
2 | | the circuit court. This additional fee of $15 shall not be |
3 | | considered a part of the fine for purposes of any reduction in |
4 | | the fine for time served either before or after sentencing. |
5 | | This amount, less 2.5% that shall be used to defray |
6 | | administrative costs incurred by the clerk, shall be remitted |
7 | | by the clerk to the State Treasurer within 60 days after |
8 | | receipt for deposit into the State Police Merit Board Public |
9 | | Safety Fund. |
10 | | (o) The amounts collected as fines under Sections 10-9, |
11 | | 11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall |
12 | | be collected by the circuit clerk and distributed as provided |
13 | | under Section 5-9-1.21 of the Unified Code of Corrections in |
14 | | lieu of any disbursement under subsection (a) of this Section. |
15 | | (Source: P.A. 96-576, eff. 8-18-09; 96-578, eff. 8-18-09; |
16 | | 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-735, eff. 1-1-10; |
17 | | 96-1175, eff. 9-20-10; 96-1342, eff. 1-1-11; 97-434, eff. |
18 | | 1-1-12; 97-1051, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1150, |
19 | | eff. 1-25-13.) |
20 | | Section 15. The Criminal Code of 2012 is amended by |
21 | | changing Sections 10-9, 11-14.1, 11-14.3, 11-18, and 36.5-5 as |
22 | | follows: |
23 | | (720 ILCS 5/10-9) |
24 | | Sec. 10-9. Trafficking in persons, involuntary servitude, |
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1 | | and related offenses. |
2 | | (a) Definitions. In this Section: |
3 | | (1) "Intimidation" has the meaning prescribed in |
4 | | Section 12-6. |
5 | | (2) "Commercial sexual activity" means any sex act on |
6 | | account of which anything of value is given, promised to, |
7 | | or received by any person.
|
8 | | (3) "Financial harm" includes intimidation that brings |
9 | | about financial loss, criminal usury, or employment |
10 | | contracts that violate the Frauds Act. |
11 | | (4) (Blank). " |
12 | | (5) "Labor" means work of economic or financial value. |
13 | | (6) "Maintain" means, in relation to labor or services, |
14 | | to secure continued performance thereof, regardless of any |
15 | | initial agreement on the part of the victim to perform that |
16 | | type of service. |
17 | | (7) "Obtain" means, in relation to labor or services, |
18 | | to secure performance thereof. |
19 | | (7.5) "Serious harm" means any harm, whether physical |
20 | | or nonphysical, including psychological, financial, or |
21 | | reputational harm, that is sufficiently serious, under all |
22 | | the surrounding circumstances, to compel a reasonable |
23 | | person of the same background and in the same circumstances |
24 | | to perform or to continue performing labor or services in |
25 | | order to avoid incurring that harm. |
26 | | (8) "Services" means activities resulting from a |
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1 | | relationship between a person and the actor in which the |
2 | | person performs activities under the supervision of or for |
3 | | the benefit of the actor. Commercial sexual activity and |
4 | | sexually-explicit performances are forms of activities |
5 | | that are "services" under this Section. Nothing in this |
6 | | definition may be construed to legitimize or legalize |
7 | | prostitution. |
8 | | (9) "Sexually-explicit performance" means a live, |
9 | | recorded, broadcast (including over the Internet), or |
10 | | public act or show intended to arouse or satisfy the sexual |
11 | | desires or appeal to the prurient interests of patrons. |
12 | | (10) "Trafficking victim" means a person subjected to |
13 | | the practices set forth in subsection (b), (c), or (d). |
14 | | (b) Involuntary servitude. A person commits involuntary |
15 | | servitude when he or she knowingly subjects, attempts to |
16 | | subject, or engages in a conspiracy to subject another person |
17 | | to labor or services obtained or maintained through any of the |
18 | | following means, or any combination of these means: |
19 | | (1) causes or threatens to cause physical harm to any |
20 | | person; |
21 | | (2) physically restrains or threatens to physically |
22 | | restrain another person; |
23 | | (3) abuses or threatens to abuse the law or legal |
24 | | process; |
25 | | (4) knowingly destroys, conceals, removes, |
26 | | confiscates, or possesses any actual or purported passport |
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1 | | or other immigration document, or any other actual or |
2 | | purported government identification document, of another |
3 | | person; |
4 | | (5) uses intimidation, or exerts financial control |
5 | | over any person; or |
6 | | (6) uses any scheme, plan, or pattern intended to cause |
7 | | the person to believe that, if the person did not perform |
8 | | the labor or services, that person or another person would |
9 | | suffer serious harm or physical restraint. |
10 | | Sentence. Except as otherwise provided in subsection (e) or |
11 | | (f), a violation of subsection (b)(1) is a Class X felony, |
12 | | (b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4) |
13 | | is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony. |
14 | | (c) Involuntary sexual servitude of a minor. A person |
15 | | commits involuntary sexual servitude of a minor when he or she |
16 | | knowingly recruits, entices, harbors, transports, provides, or |
17 | | obtains by any means, or attempts to recruit, entice, harbor, |
18 | | provide, or obtain by any means, another person under 18 years |
19 | | of age, knowing that the minor will engage in commercial sexual |
20 | | activity, a sexually-explicit performance, or the production |
21 | | of pornography, or causes or attempts to cause a minor to |
22 | | engage in one or more of those activities and: |
23 | | (1) there is no overt force or threat and the minor is |
24 | | between the ages of 17 and 18 years; |
25 | | (2) there is no overt force or threat and the minor is |
26 | | under the age of 17 years; or |
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1 | | (3) there is overt force or threat. |
2 | | Sentence. Except as otherwise provided in subsection (e) or |
3 | | (f), a violation of subsection (c)(1) is a Class 1 felony, |
4 | | (c)(2) is a Class X felony, and (c)(3) is a Class X felony. |
5 | | (d) Trafficking in persons. A person commits trafficking in |
6 | | persons when he or she knowingly: (1) recruits, entices, |
7 | | harbors, transports, provides, or obtains by any means, or |
8 | | attempts to recruit, entice, harbor, transport, provide, or |
9 | | obtain by any means, another person, intending or knowing that |
10 | | the person will be subjected to involuntary servitude; or (2) |
11 | | benefits, financially or by receiving anything of value, from |
12 | | participation in a venture that has engaged in an act of |
13 | | involuntary servitude or involuntary sexual servitude of a |
14 | | minor. |
15 | | Sentence. Except as otherwise provided in subsection (e) or |
16 | | (f), a violation of this subsection is a Class 1 felony. |
17 | | (e) Aggravating factors. A violation of this Section |
18 | | involving kidnapping or an attempt to kidnap, aggravated |
19 | | criminal sexual assault or an attempt to commit aggravated |
20 | | criminal sexual assault, or an attempt to commit first degree |
21 | | murder is a Class X felony. |
22 | | (f) Sentencing considerations. |
23 | | (1) Bodily injury. If, pursuant to a violation of this |
24 | | Section, a victim
suffered bodily injury, the defendant may |
25 | | be sentenced to an extended-term sentence under Section |
26 | | 5-8-2 of the Unified Code of Corrections. The sentencing |
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1 | | court must take into account the time in which the victim |
2 | | was held in servitude, with increased penalties for cases |
3 | | in which the victim was held for between 180 days and one |
4 | | year, and increased penalties for cases in which the victim |
5 | | was held for more than one year. |
6 | | (2) Number of victims. In determining sentences within |
7 | | statutory maximums, the sentencing court should take into |
8 | | account the number of victims, and may provide for |
9 | | substantially increased sentences in cases involving more |
10 | | than 10 victims. |
11 | | (g) Restitution. Restitution is mandatory under this |
12 | | Section. In addition to any other amount of loss identified, |
13 | | the court shall order restitution including the greater of (1) |
14 | | the gross income or value to the defendant of the victim's |
15 | | labor or services or (2) the value of the victim's labor as |
16 | | guaranteed under the Minimum Wage Law and overtime provisions |
17 | | of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law, |
18 | | whichever is greater. |
19 | | (g-5) Fine distribution. If the court imposes a fine under |
20 | | subsection (b), (c), or (d) of this Section, it shall be |
21 | | collected and distributed to the Specialized Services for |
22 | | Survivors of Human Trafficking Fund in accordance with Section |
23 | | 5-9-1.21 of the Unified Code of Corrections. |
24 | | (h) Trafficking victim services. Subject to the |
25 | | availability of funds, the Department of Human Services may |
26 | | provide or fund emergency services and assistance to |
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1 | | individuals who are victims of one or more offenses defined in |
2 | | this Section.
|
3 | | (i) Certification. The Attorney General, a State's |
4 | | Attorney, or any law enforcement official shall certify in |
5 | | writing to the United States Department of Justice or other |
6 | | federal agency, such as the United States Department of |
7 | | Homeland Security, that an investigation or prosecution under |
8 | | this Section has begun and the individual who is a likely |
9 | | victim of a crime described in this Section is willing to |
10 | | cooperate or is cooperating with the investigation to enable |
11 | | the individual, if eligible under federal law, to qualify for |
12 | | an appropriate special immigrant visa and to access available |
13 | | federal benefits. Cooperation with law enforcement shall not be |
14 | | required of victims of a crime described in this Section who |
15 | | are under 18 years of age. This certification shall be made |
16 | | available to the victim and his or her designated legal |
17 | | representative. |
18 | | (j) A person who commits involuntary servitude, |
19 | | involuntary sexual servitude of a minor, or trafficking in |
20 | | persons under subsection (b), (c), or (d) of this Section is |
21 | | subject to the property forfeiture provisions set forth in |
22 | | Article 124B of the Code of Criminal Procedure of 1963.
|
23 | | (Source: P.A. 96-710, eff. 1-1-10; incorporates 96-712, eff. |
24 | | 1-1-10; 96-1000, eff. 7-2-10; 97-897, eff. 1-1-13; revised |
25 | | 11-12-13.) |
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1 | | (720 ILCS 5/11-14.1) |
2 | | Sec. 11-14.1. Solicitation of a sexual act. |
3 | | (a) Any person who offers a person not his or her spouse |
4 | | any money,
property, token, object, or article or anything of |
5 | | value for that person or any other person not his or her spouse |
6 | | to
perform any act of sexual penetration as defined in Section |
7 | | 11-0.1 of this Code,
or any touching or fondling of the sex |
8 | | organs of one person by another person
for the purpose of |
9 | | sexual arousal or gratification, commits solicitation of a |
10 | | sexual act. |
11 | | (b) Sentence. Solicitation of a sexual act is a Class A |
12 | | misdemeanor. Solicitation of a sexual act from a person who is |
13 | | under the age of 18 or who is severely or profoundly |
14 | | intellectually disabled is a Class 4 felony. If the court |
15 | | imposes a fine under this subsection (b), it shall be collected |
16 | | and distributed to the Specialized Services for Survivors of |
17 | | Human Trafficking Fund in accordance with Section 5-9-1.21 of |
18 | | the Unified Code of Corrections. |
19 | | (b-5) It is an affirmative defense to a charge of |
20 | | solicitation of a sexual act with a person who is under the age |
21 | | of 18 or who is severely or profoundly intellectually disabled |
22 | | that the accused reasonably believed the person was of the age |
23 | | of 18 years or over or was not a severely or profoundly |
24 | | intellectually disabled person at the time of the act giving |
25 | | rise to the charge. |
26 | | (c) This Section does not apply to a person engaged in |
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1 | | prostitution who is under 18 years of age. |
2 | | (d) A person cannot be convicted under this Section if the |
3 | | practice of prostitution underlying the offense consists |
4 | | exclusively of the accused's own acts of prostitution under |
5 | | Section 11-14 of this Code. |
6 | | (Source: P.A. 96-1464, eff. 8-20-10; 96-1551, eff. 7-1-11; |
7 | | 97-227, eff. 1-1-12; 97-1109, eff. 1-1-13.) |
8 | | (720 ILCS 5/11-14.3) |
9 | | Sec. 11-14.3. Promoting prostitution. |
10 | | (a) Any person who knowingly performs any of the following |
11 | | acts commits promoting prostitution: |
12 | | (1) advances prostitution as defined in Section |
13 | | 11-0.1; |
14 | | (2) profits from prostitution by: |
15 | | (A) compelling a person to become a prostitute; |
16 | | (B) arranging or offering to arrange a situation in |
17 | | which a person may practice prostitution; or |
18 | | (C) any means other than those described in |
19 | | subparagraph (A) or (B), including from a person who |
20 | | patronizes a prostitute. This paragraph (C) does not |
21 | | apply to a person engaged in
prostitution who is under |
22 | | 18 years of age. A person cannot be
convicted of |
23 | | promoting prostitution under this paragraph (C) if the |
24 | | practice of
prostitution underlying the offense |
25 | | consists exclusively of
the accused's own acts of |
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1 | | prostitution under Section 11-14 of this Code. |
2 | | (b) Sentence. |
3 | | (1) A violation of subdivision (a)(1) is a Class 4 |
4 | | felony, unless committed within 1,000 feet of real property |
5 | | comprising a school, in which case it is a Class 3 felony. |
6 | | A second or subsequent violation of subdivision (a)(1), or |
7 | | any combination of convictions under subdivision (a)(1), |
8 | | (a)(2)(A), or (a)(2)(B) and Section 11-14 (prostitution), |
9 | | 11-14.1 (solicitation of a sexual act), 11-14.4 (promoting |
10 | | juvenile prostitution), 11-15 (soliciting for a |
11 | | prostitute), 11-15.1 (soliciting for a juvenile |
12 | | prostitute), 11-16 (pandering), 11-17 (keeping a place of |
13 | | prostitution), 11-17.1 (keeping a place of juvenile |
14 | | prostitution), 11-18 (patronizing a prostitute), 11-18.1 |
15 | | (patronizing a juvenile prostitute), 11-19 (pimping), |
16 | | 11-19.1 (juvenile pimping or aggravated juvenile pimping), |
17 | | or 11-19.2 (exploitation of a child), is a Class 3 felony. |
18 | | (2) A violation of subdivision (a)(2)(A) or (a)(2)(B) |
19 | | is a Class 4 felony, unless committed within 1,000 feet of |
20 | | real property comprising a school, in which case it is a |
21 | | Class 3 felony. |
22 | | (3) A violation of subdivision (a)(2)(C) is a Class 4 |
23 | | felony, unless committed within 1,000 feet of real property |
24 | | comprising a school, in which case it is a Class 3 felony. |
25 | | A second or subsequent violation of subdivision (a)(2)(C), |
26 | | or any combination of convictions under subdivision |
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1 | | (a)(2)(C) and subdivision (a)(1), (a)(2)(A), or (a)(2)(B) |
2 | | of this Section (promoting prostitution), 11-14 |
3 | | (prostitution), 11-14.1 (solicitation of a sexual act), |
4 | | 11-14.4 (promoting juvenile prostitution), 11-15 |
5 | | (soliciting for a prostitute), 11-15.1 (soliciting for a |
6 | | juvenile prostitute), 11-16 (pandering), 11-17 (keeping a |
7 | | place of prostitution), 11-17.1 (keeping a place of |
8 | | juvenile prostitution), 11-18 (patronizing a prostitute), |
9 | | 11-18.1 (patronizing a juvenile prostitute), 11-19 |
10 | | (pimping), 11-19.1 (juvenile pimping or aggravated |
11 | | juvenile pimping), or 11-19.2 (exploitation of a child), is |
12 | | a Class 3 felony.
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13 | | If the court imposes a fine under this subsection (b), it |
14 | | shall be collected and distributed to the Specialized Services |
15 | | for Survivors of Human Trafficking Fund in accordance with |
16 | | Section 5-9-1.21 of the Unified Code of Corrections. |
17 | | (Source: P.A. 96-1551, eff. 7-1-11 .) |
18 | | (720 ILCS 5/11-18) (from Ch. 38, par. 11-18) |
19 | | Sec. 11-18. Patronizing a prostitute. |
20 | | (a) Any person who knowingly performs any of the following |
21 | | acts with a person
not his or her spouse commits patronizing a |
22 | | prostitute: |
23 | | (1) Engages in an act of sexual penetration as defined |
24 | | in Section 11-0.1
of this Code with a prostitute; or |
25 | | (2) Enters or remains in a place of prostitution with |
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1 | | intent to
engage in an act of sexual penetration as defined |
2 | | in Section 11-0.1 of
this Code; or |
3 | | (3) Engages in any touching or fondling with a |
4 | | prostitute of the sex organs of one person by the other |
5 | | person, with the intent to achieve sexual arousal or |
6 | | gratification. |
7 | | (b) Sentence. |
8 | | Patronizing a prostitute is a Class 4 felony, unless |
9 | | committed within 1,000 feet of real property comprising a |
10 | | school, in which case it is a Class 3 felony.
A person
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11 | | convicted of a second or subsequent violation of this Section, |
12 | | or
of any
combination of such number of convictions under this |
13 | | Section and Sections
11-14 (prostitution), 11-14.1 |
14 | | (solicitation of a sexual act), 11-14.3 (promoting |
15 | | prostitution), 11-14.4 (promoting juvenile prostitution), |
16 | | 11-15 (soliciting for a prostitute), 11-15.1 (soliciting for a |
17 | | juvenile prostitute), 11-16 (pandering), 11-17 (keeping a |
18 | | place of prostitution), 11-17.1 (keeping a place of juvenile |
19 | | prostitution), 11-18.1 (patronizing a juvenile prostitute), |
20 | | 11-19 (pimping), 11-19.1 (juvenile pimping or aggravated |
21 | | juvenile pimping), or 11-19.2 (exploitation of a child) of this |
22 | | Code, is guilty of a Class 3
felony. If the court imposes a |
23 | | fine under this subsection (b), it shall be collected and |
24 | | distributed to the Specialized Services for Survivors of Human |
25 | | Trafficking Fund in accordance with Section 5-9-1.21 of the |
26 | | Unified Code of Corrections. |
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1 | | (c) (Blank). |
2 | | (Source: P.A. 96-1464, eff. 8-20-10; 96-1551, eff. 7-1-11 .) |
3 | | (720 ILCS 5/36.5-5) |
4 | | Sec. 36.5-5. Vehicle impoundment. |
5 | | (a) In addition to any other penalty, fee or forfeiture |
6 | | provided by law, a peace officer who arrests a person for a |
7 | | violation of Section 10-9, 11-14, 11-14.1, 11-14.3, 11-14.4, |
8 | | 11-18, or 11-18.1 of this Code or related municipal ordinance, |
9 | | may tow and impound any vehicle used by the person in the |
10 | | commission of the violation. The person arrested for one or |
11 | | more such violations shall be charged a $1,000 fee, to be paid |
12 | | to the law enforcement agency that made the arrest or its |
13 | | designated representative. The person may recover the vehicle |
14 | | from the impound after a minimum of 2 hours after arrest upon |
15 | | payment of the fee. |
16 | | (b) $500 of the fee shall be distributed to the law |
17 | | enforcement agency whose peace officers made the arrest, for |
18 | | the costs incurred by the law enforcement agency to investigate |
19 | | and to tow and impound the vehicle. Upon the defendant's |
20 | | conviction of one or more of the violations in connection with |
21 | | which the vehicle was impounded and the fee imposed under this |
22 | | Section, the remaining $500 of the fee shall be deposited into |
23 | | the Specialized Services for Survivors of Human Trafficking |
24 | | Fund and disbursed in accordance with subsections (d), (e), and |
25 | | (f) of Section 5-9-1.21 of the Unified Code of Corrections. DHS |
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1 | | State Projects Fund and shall be used by the Department of |
2 | | Human Services to make grants to non-governmental |
3 | | organizations to provide services for persons encountered |
4 | | during the course of an investigation into any violation of |
5 | | Section 10-9, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, |
6 | | 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, |
7 | | 11-19.1, or 11-19.2 of this Code, provided such persons |
8 | | constitute prostituted persons or other victims of human |
9 | | trafficking. |
10 | | (c) Upon the presentation by the defendant of a signed |
11 | | court order showing that the defendant has been acquitted of |
12 | | all of the violations in connection with which a vehicle was |
13 | | impounded and a fee imposed under this Section, or that the |
14 | | charges against the defendant for those violations have been |
15 | | dismissed, the law enforcement agency shall refund the $1,000 |
16 | | fee to the defendant.
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17 | | (Source: P.A. 96-1551, eff. 7-1-11; incorporates 96-1503, eff. |
18 | | 1-27-11, and 97-333, eff. 8-12-11; 97-897, eff. 1-1-13; |
19 | | 97-1109, eff. 1-1-13; 98-463, eff. 8-16-13.) |
20 | | Section 20. The Code of Criminal Procedure of 1963 is |
21 | | amended by changing Sections 124B-300, 124B-305, and 124B-500 |
22 | | as follows: |
23 | | (725 ILCS 5/124B-300)
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24 | | Sec. 124B-300. Persons and property subject to forfeiture. |
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1 | | A person who commits the offense of involuntary servitude, |
2 | | involuntary servitude of a minor, or trafficking of persons for |
3 | | forced labor or services under Section 10A-10 or Section 10-9 |
4 | | of the Criminal Code of 1961 or the Criminal Code of 2012 , |
5 | | promoting juvenile prostitution, keeping a place of juvenile |
6 | | prostitution, or promoting prostitution that involves keeping |
7 | | a place of prostitution under subsection (a)(1) or (a)(4) of |
8 | | Section 11-14.4 or under Section 11-14.3, 11-17.1, or 11-19.2 |
9 | | of the Criminal Code of 1961 or of the Criminal Code of 2012 |
10 | | shall forfeit to the State of Illinois any profits or proceeds |
11 | | and any property he or she has acquired or maintained in |
12 | | violation of Section 10A-10 or Section 10-9 of the Criminal |
13 | | Code of 1961 or the Criminal Code of 2012 , promoting juvenile |
14 | | prostitution, keeping a place of juvenile prostitution, or |
15 | | promoting prostitution that involves keeping a place of |
16 | | prostitution under subsection (a)(1) or (a)(4) of Section |
17 | | 11-14.4 or under Section 11-14.3, 11-17.1, or 11-19.2 of the |
18 | | Criminal Code of 1961 or of the Criminal Code of 2012 that the |
19 | | sentencing court determines, after a forfeiture hearing under |
20 | | this Article, to have been acquired or maintained as a result |
21 | | of maintaining a person in involuntary servitude or |
22 | | participating in trafficking of persons for forced labor or |
23 | | services .
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24 | | (Source: P.A. 96-712, eff. 1-1-10; 97-1150, eff. 1-25-13.) |
25 | | (725 ILCS 5/124B-305)
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1 | | Sec. 124B-305. Distribution of property and sale proceeds. |
2 | | All moneys and the sale proceeds of all other property |
3 | | forfeited and seized under this Part 300 shall be distributed |
4 | | as follows: |
5 | | (1) 45% 50% shall be divided equally between all State |
6 | | agencies and units of local government whose officers or |
7 | | employees conducted the investigation or initiated the |
8 | | hearing that resulted in the forfeiture. |
9 | | (2) 50% shall be deposited into the Specialized |
10 | | Services for Survivors of Human Trafficking Fund and |
11 | | disbursed in accordance with subsections (d), (e), and (f) |
12 | | of Section 5-9-1.21 of the Unified Code of Corrections DHS |
13 | | State Projects Fund and targeted to services for victims of |
14 | | the offenses of involuntary servitude, involuntary sexual |
15 | | servitude of a minor, and trafficking in
persons .
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16 | | (3) 5% shall be paid to the Office of the State's |
17 | | Attorneys Appellate Prosecutor to train State's Attorneys |
18 | | on forfeiture proceedings and topics related to human |
19 | | trafficking. |
20 | | (Source: P.A. 96-712, eff. 1-1-10; 97-897, eff. 1-1-13.) |
21 | | (725 ILCS 5/124B-500) |
22 | | Sec. 124B-500. Persons and property subject to forfeiture. |
23 | | A person who commits the offense of promoting juvenile |
24 | | prostitution, keeping a place of juvenile prostitution, |
25 | | exploitation of a child, child pornography , or aggravated child |
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1 | | pornography under subdivision (a)(1) or (a)(4) of Section |
2 | | 11-14.4 or under Section 11-17.1, 11-19.2, 11-20.1, 11-20.1B, |
3 | | or 11-20.3 of the Criminal Code of 1961 or the Criminal Code of |
4 | | 2012 shall forfeit the following property to the State
of |
5 | | Illinois: |
6 | | (1) Any profits or proceeds and any property the person |
7 | | has acquired or maintained in violation of subdivision |
8 | | (a)(1) or (a)(4) of Section 11-14.4 or in violation of |
9 | | Section 11-17.1, 11-19.2, 11-20.1, 11-20.1B, or 11-20.3 of |
10 | | the Criminal Code of 1961 or the Criminal Code of 2012 that |
11 | | the sentencing court determines, after a forfeiture |
12 | | hearing under this Article, to have been acquired or |
13 | | maintained as a result of keeping a place of juvenile |
14 | | prostitution, exploitation of a child, child pornography , |
15 | | or aggravated child pornography. |
16 | | (2) Any interest in, securities of, claim against, or |
17 | | property or contractual right of any kind affording a |
18 | | source of influence over any enterprise that the person has |
19 | | established, operated, controlled, or conducted in |
20 | | violation of subdivision (a)(1) or (a)(4) of Section |
21 | | 11-14.4 or in violation of Section 11-17.1, 11-19.2, |
22 | | 11-20.1, 11-20.1B, or 11-20.3 of the Criminal Code of 1961 |
23 | | or the Criminal Code of 2012 that the sentencing court |
24 | | determines, after a forfeiture hearing under this Article, |
25 | | to have been acquired or maintained as a result of keeping |
26 | | a place of juvenile prostitution, exploitation of a child, |
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1 | | child pornography , or aggravated child pornography. |
2 | | (3) Any computer that contains a depiction of child |
3 | | pornography in any encoded or decoded format in violation |
4 | | of Section 11-20.1, 11-20.1B, or 11-20.3 of the Criminal |
5 | | Code of 1961 or the Criminal Code of 2012. For purposes of |
6 | | this paragraph (3), "computer" has the meaning ascribed to |
7 | | it in Section 17-0.5 of the Criminal Code of 2012.
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8 | | (Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11; |
9 | | 97-1150, eff. 1-25-13.) |
10 | | Section 25. The Unified Code of Corrections is amended by |
11 | | adding Section 5-9-1.21 as follows: |
12 | | (730 ILCS 5/5-9-1.21 new) |
13 | | Sec. 5-9-1.21. Specialized Services for Survivors of Human |
14 | | Trafficking Fund. |
15 | | (a) There is created in the State treasury a Specialized |
16 | | Services for Survivors of Human Trafficking Fund. Moneys |
17 | | deposited into the Fund under this Section shall be available |
18 | | for the Department of Human Services for the purposes in this |
19 | | Section. |
20 | | (b) Each plea of guilty, stipulation of facts, or finding |
21 | | of guilt resulting in a judgment of conviction or order of |
22 | | supervision for an offense under Section 10-9, 11-14.1, |
23 | | 11-14.3, or 11-18 of the Criminal Code of 2012 that results in |
24 | | the imposition of a fine shall have a portion of that fine |
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1 | | deposited into the Specialized Services for Survivors of Human |
2 | | Trafficking Fund. |
3 | | (c) If imposed, the fine shall be collected by the circuit |
4 | | court clerk in addition to any other imposed fee. The circuit |
5 | | court clerk shall retain $50 to cover the costs in |
6 | | administering and enforcing this Section. The circuit court |
7 | | clerk shall remit the remainder of the fine within one month of |
8 | | its receipt as follows: |
9 | | (1) $300 shall be distributed equally between all State |
10 | | law enforcement agencies whose officers or employees |
11 | | conducted the investigation or prosecution that resulted |
12 | | in the finding of guilt; and |
13 | | (2) the remainder of the fine shall be remitted to the |
14 | | Department of Human Services for deposit into the |
15 | | Specialized Services for Survivors of Human Trafficking |
16 | | Fund. |
17 | | (d) Upon appropriation of moneys from the Specialized |
18 | | Services for Survivors of Human Trafficking Fund, the |
19 | | Department of Human Services shall use these moneys to make |
20 | | grants to non-governmental organizations to provide |
21 | | specialized, trauma-informed services specifically designed to |
22 | | address the priority service needs associated with |
23 | | prostitution and human trafficking. Priority services include, |
24 | | but are not limited to, community based drop-in centers, |
25 | | emergency housing, and long-term safe homes. The Department |
26 | | shall consult with prostitution and human trafficking |
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1 | | advocates, survivors, and service providers to identify |
2 | | priority service needs in their respective communities. |
3 | | (e) Grants made under this Section are in addition to, and |
4 | | not substitutes for, other grants authorized and made by the |
5 | | Department. |
6 | | (f) Notwithstanding any other law to the contrary, the |
7 | | Specialized Services for Survivors of Human Trafficking Fund is |
8 | | not subject to sweeps, administrative charge-backs, or any |
9 | | other fiscal maneuver that would in any way transfer any |
10 | | amounts from the Specialized Services for Survivors of Human |
11 | | Trafficking Fund into any other fund of the State. ".
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