|
| | SB3312 Engrossed | | LRB099 18926 SLF 43314 b |
|
|
1 | | AN ACT concerning State government.
|
2 | | Be it enacted by the People of the State of Illinois,
|
3 | | represented in the General Assembly:
|
4 | | Section 5. The State Police Act is amended by changing |
5 | | Section 7.2 as follows: |
6 | | (20 ILCS 2610/7.2) |
7 | | Sec. 7.2. State Police Merit Board Public Safety Fund. |
8 | | (a) A special fund in the State treasury is hereby created |
9 | | which shall be known as the State Police Merit Board Public |
10 | | Safety Fund. The Fund shall be used by the State Police Merit |
11 | | Board to provide a cadet program for State Police personnel and |
12 | | to meet all costs associated with the functions of the State |
13 | | Police Merit Board. Notwithstanding any other law to the |
14 | | contrary, the State Police Merit Board Public Safety Fund is |
15 | | not subject to sweeps, administrative charge-backs, or any |
16 | | other fiscal or budgetary maneuver that would in any way |
17 | | transfer any amounts from the State Police Merit Board Public |
18 | | Safety Fund into any other fund of the State. |
19 | | (b) The Fund may receive State appropriations, gifts, |
20 | | grants, and federal funds and shall include earnings from the |
21 | | investment of moneys in the Fund. |
22 | | (c) The administration of this Fund shall be the |
23 | | responsibility of the State Police Merit Board. The Board shall |
|
| | SB3312 Engrossed | - 2 - | LRB099 18926 SLF 43314 b |
|
|
1 | | establish terms and conditions for the operation of the Fund. |
2 | | The Board shall establish and implement fiscal controls and |
3 | | accounting periods for programs operated using the Fund. All |
4 | | fees or moneys received by the State Treasurer under subsection |
5 | | (n) of Section 27.6 of the Clerks of Courts Act shall be |
6 | | deposited into the Fund. Such an additional penalty shall not |
7 | | be considered a part of the fine for purposes of any reduction |
8 | | in the fine for time served, either before or after sentencing. |
9 | | The moneys deposited in the State Police Merit Board Public |
10 | | Safety Fund shall be appropriated , on a continuing basis, to |
11 | | the State Police Merit Board for expenses of the Board for the |
12 | | administration and conduct of all its programs for State Police |
13 | | personnel.
|
14 | | (Source: P.A. 97-1051, eff. 1-1-13.) |
15 | | Section 10. The Illinois Vehicle Code is amended by adding |
16 | | Section 16-104f as follows: |
17 | | (625 ILCS 5/16-104f new) |
18 | | Sec. 16-104f. Amounts for State Police Merit Board Public |
19 | | Safety Fund. In counties that have elected not to distribute |
20 | | moneys under the disbursement formulas in Sections 27.5 and |
21 | | 27.6 of the Clerks of Courts Act, the court shall impose a fine |
22 | | of $15, in addition to any other fines and court costs |
23 | | assessed, for any person who is convicted, or receives a |
24 | | disposition of court supervision for a violation of this Code, |
|
| | SB3312 Engrossed | - 3 - | LRB099 18926 SLF 43314 b |
|
|
1 | | or a similar provision of a local ordinance. This additional |
2 | | fine of $15 shall be payable to the clerk of the circuit court |
3 | | and shall not be considered a part of the fine for purposes of |
4 | | any reduction in the fine for time served, either before or |
5 | | after sentencing. This amount shall be remitted by the clerk to |
6 | | the State Treasurer within 60 days after receipt for deposit in |
7 | | to the State Merit Board Public Safety Fund for distribution as |
8 | | provided under Section 7.2 of the State Police Act. Of the |
9 | | fine, 2.5% shall be deposited into the Circuit Court Operation |
10 | | and Administration Fund created by the clerk of the circuit |
11 | | court to be used to offset the costs incurred by the circuit |
12 | | court clerk in performing the additional duties required to |
13 | | collect and disburse funds as provided by law. |
14 | | Section 15. The Clerks of Courts Act is amended by changing |
15 | | Section 27.6 as follows:
|
16 | | (705 ILCS 105/27.6)
|
17 | | (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625, |
18 | | 96-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150, |
19 | | 98-658, 98-1013, 99-78, and 99-455) |
20 | | Sec. 27.6. (a) All fees, fines, costs, additional |
21 | | penalties, bail balances
assessed or forfeited, and any other |
22 | | amount paid by a person to the circuit
clerk equalling an |
23 | | amount of $55 or more, except the fine imposed by Section |
24 | | 5-9-1.15
of the Unified Code of Corrections, the additional fee |
|
| | SB3312 Engrossed | - 4 - | LRB099 18926 SLF 43314 b |
|
|
1 | | required
by subsections (b) and (c), restitution under Section |
2 | | 5-5-6 of the
Unified Code of Corrections, contributions to a |
3 | | local anti-crime program ordered pursuant to Section |
4 | | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of |
5 | | Corrections, reimbursement for the costs of an emergency
|
6 | | response as provided under Section 11-501 of the Illinois |
7 | | Vehicle Code,
any fees collected for attending a traffic safety |
8 | | program under paragraph (c)
of Supreme Court Rule 529, any fee |
9 | | collected on behalf of a State's Attorney
under Section 4-2002 |
10 | | of the Counties Code or a sheriff under Section 4-5001
of the |
11 | | Counties Code, or any cost imposed under Section 124A-5 of the |
12 | | Code of
Criminal Procedure of 1963, for convictions, orders of |
13 | | supervision, or any
other disposition for a violation of |
14 | | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a |
15 | | similar provision of a local ordinance, and any
violation of |
16 | | the Child Passenger Protection Act, or a similar provision of a
|
17 | | local ordinance, and except as otherwise provided in this |
18 | | Section
shall be disbursed
within 60 days after receipt by the |
19 | | circuit
clerk as follows: 44.5% shall be disbursed to the |
20 | | entity authorized by law to
receive the fine imposed in the |
21 | | case; 16.825% shall be disbursed to the State
Treasurer; and |
22 | | 38.675% shall be disbursed to the county's general corporate
|
23 | | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 |
24 | | shall be deposited
by the State Treasurer into the Violent |
25 | | Crime Victims Assistance Fund, 5.052/17
shall be deposited into |
26 | | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall |
|
| | SB3312 Engrossed | - 5 - | LRB099 18926 SLF 43314 b |
|
|
1 | | be deposited into the Drivers Education Fund, and 6.948/17 |
2 | | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 |
3 | | deposited into the
Trauma Center Fund from the 16.825% |
4 | | disbursed to the State Treasurer, 50% shall
be disbursed to the |
5 | | Department of Public Health and 50% shall be disbursed to
the |
6 | | Department of Healthcare and Family Services. For fiscal year |
7 | | 1993, amounts deposited into
the Violent Crime Victims |
8 | | Assistance Fund, the Traffic and Criminal
Conviction Surcharge |
9 | | Fund, or the Drivers Education Fund shall not exceed 110%
of |
10 | | the amounts deposited into those funds in fiscal year 1991. Any
|
11 | | amount that exceeds the 110% limit shall be distributed as |
12 | | follows: 50%
shall be disbursed to the county's general |
13 | | corporate fund and 50% shall be
disbursed to the entity |
14 | | authorized by law to receive the fine imposed in
the case. Not |
15 | | later than March 1 of each year the circuit clerk
shall submit |
16 | | a report of the amount of funds remitted to the State
Treasurer |
17 | | under this Section during the preceding year based upon
|
18 | | independent verification of fines and fees. All counties shall |
19 | | be subject
to this Section, except that counties with a |
20 | | population under 2,000,000
may, by ordinance, elect not to be |
21 | | subject to this Section. For offenses
subject to this Section, |
22 | | judges shall impose one total sum of money payable
for |
23 | | violations. The circuit clerk may add on no additional amounts |
24 | | except
for amounts that are required by Sections 27.3a and |
25 | | 27.3c of
this Act, unless those amounts are specifically waived |
26 | | by the judge. With
respect to money collected by the circuit |
|
| | SB3312 Engrossed | - 6 - | LRB099 18926 SLF 43314 b |
|
|
1 | | clerk as a result of
forfeiture of bail, ex parte judgment or |
2 | | guilty plea pursuant to Supreme
Court Rule 529, the circuit |
3 | | clerk shall first deduct and pay amounts
required by Sections |
4 | | 27.3a and 27.3c of this Act. This Section is a denial
and |
5 | | limitation of home rule powers and functions under subsection |
6 | | (h) of
Section 6 of Article VII of the Illinois Constitution.
|
7 | | (b) In addition to any other fines and court costs assessed |
8 | | by the courts,
any person convicted or receiving an order of |
9 | | supervision for driving under
the influence of alcohol or drugs |
10 | | shall pay an additional fee of $100 to the
clerk of the circuit |
11 | | court. This amount, less 2 1/2% that shall be used to
defray |
12 | | administrative costs incurred by the clerk, shall be remitted |
13 | | by the
clerk to the Treasurer within 60 days after receipt for |
14 | | deposit into the Trauma
Center Fund. This additional fee of |
15 | | $100 shall not be considered a part of the
fine for purposes of |
16 | | any reduction in the fine for time served either before or
|
17 | | after sentencing. Not later than March 1 of each year the |
18 | | Circuit Clerk shall
submit a report of the amount of funds |
19 | | remitted to the State Treasurer under
this subsection during |
20 | | the preceding calendar year.
|
21 | | (b-1) In addition to any other fines and court costs |
22 | | assessed by the courts,
any person convicted or receiving an |
23 | | order of supervision for driving under the
influence of alcohol |
24 | | or drugs shall pay an additional fee of $5 to the clerk
of the |
25 | | circuit court. This amount, less
2 1/2% that shall be used to |
26 | | defray administrative costs incurred by the clerk,
shall be |
|
| | SB3312 Engrossed | - 7 - | LRB099 18926 SLF 43314 b |
|
|
1 | | remitted by the clerk to the Treasurer within 60 days after |
2 | | receipt
for deposit into the Spinal Cord Injury Paralysis Cure |
3 | | Research Trust Fund.
This additional fee of $5 shall not
be |
4 | | considered a part of the fine for purposes of any reduction in |
5 | | the fine for
time served either before or after sentencing. Not |
6 | | later than March 1 of each
year the Circuit Clerk shall submit |
7 | | a report of the amount of funds remitted to
the State Treasurer |
8 | | under this subsection during the preceding calendar
year.
|
9 | | (c) In addition to any other fines and court costs assessed |
10 | | by the courts,
any person convicted for a violation of Sections |
11 | | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or the |
12 | | Criminal Code of 2012 or a person sentenced for a violation of |
13 | | the Cannabis
Control Act, the Illinois Controlled Substances |
14 | | Act, or the Methamphetamine Control and Community Protection |
15 | | Act
shall pay an additional fee of $100 to the clerk
of the |
16 | | circuit court. This amount, less
2 1/2% that shall be used to |
17 | | defray administrative costs incurred by the clerk,
shall be |
18 | | remitted by the clerk to the Treasurer within 60 days after |
19 | | receipt
for deposit into the Trauma Center Fund. This |
20 | | additional fee of $100 shall not
be considered a part of the |
21 | | fine for purposes of any reduction in the fine for
time served |
22 | | either before or after sentencing. Not later than March 1 of |
23 | | each
year the Circuit Clerk shall submit a report of the amount |
24 | | of funds remitted to
the State Treasurer under this subsection |
25 | | during the preceding calendar year.
|
26 | | (c-1) In addition to any other fines and court costs |
|
| | SB3312 Engrossed | - 8 - | LRB099 18926 SLF 43314 b |
|
|
1 | | assessed by the
courts, any person sentenced for a violation of |
2 | | the Cannabis Control Act,
the Illinois Controlled Substances |
3 | | Act, or the Methamphetamine Control and Community Protection |
4 | | Act 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.
|
15 | | (d) The following amounts must be remitted to the State |
16 | | Treasurer for
deposit into the Illinois Animal Abuse Fund:
|
17 | | (1) 50% of the amounts collected for felony offenses |
18 | | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, |
19 | | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for |
20 | | Animals Act and Section 26-5 or 48-1 of the Criminal Code |
21 | | of
1961 or the Criminal Code of 2012;
|
22 | | (2) 20% of the amounts collected for Class A and Class |
23 | | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, |
24 | | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 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; and
|
|
| | SB3312 Engrossed | - 9 - | LRB099 18926 SLF 43314 b |
|
|
1 | | (3) 50% of the amounts collected for Class C |
2 | | misdemeanors under Sections
4.01 and 7.1 of the Humane Care |
3 | | for Animals Act and Section 26-5 or 48-1 of the
Criminal |
4 | | Code of 1961 or the Criminal Code of 2012.
|
5 | | (e) Any person who receives a disposition of court |
6 | | supervision for a violation of the Illinois Vehicle Code or a |
7 | | similar provision of a local ordinance shall, in addition to |
8 | | any other fines, fees, and court costs, pay an additional fee |
9 | | of $29, to be disbursed as provided in Section 16-104c of the |
10 | | Illinois Vehicle Code. In addition to the fee of $29, the |
11 | | person shall also pay a fee of $6, if not waived by the court. |
12 | | If this $6 fee is collected, $5.50 of the fee shall be |
13 | | deposited into the Circuit Court Clerk Operation and |
14 | | Administrative Fund created by the Clerk of the Circuit Court |
15 | | and 50 cents of the fee shall be deposited into the Prisoner |
16 | | Review Board Vehicle and Equipment Fund in the State treasury.
|
17 | | (f) This Section does not apply to the additional child |
18 | | pornography fines assessed and collected under Section |
19 | | 5-9-1.14 of the Unified Code of Corrections.
|
20 | | (g) (Blank). |
21 | | (h) (Blank). |
22 | | (i)
Of the amounts collected as fines under subsection (b) |
23 | | of Section 3-712 of the Illinois Vehicle Code, 99% shall be |
24 | | deposited into the Illinois Military Family Relief Fund and 1% |
25 | | shall be deposited into the Circuit Court Clerk Operation and |
26 | | Administrative Fund created by the Clerk of the Circuit Court |
|
| | SB3312 Engrossed | - 10 - | LRB099 18926 SLF 43314 b |
|
|
1 | | to be used to offset the costs incurred by the Circuit Court |
2 | | Clerk in performing the additional duties required to collect |
3 | | and disburse funds to entities of State and local government as |
4 | | provided by law.
|
5 | | (j) Any person convicted of, pleading guilty to, or placed |
6 | | on supervision for a serious traffic violation, as defined in |
7 | | Section 1-187.001 of the Illinois Vehicle Code, a violation of |
8 | | Section 11-501 of the Illinois Vehicle Code, or a violation of |
9 | | a similar provision of a local ordinance shall pay an |
10 | | additional fee of $35, to be disbursed as provided in Section |
11 | | 16-104d of that Code. |
12 | | This subsection (j) becomes inoperative on January 1, 2020. |
13 | | (k) For any conviction or disposition of court supervision |
14 | | for a violation of Section 11-1429 of the Illinois Vehicle |
15 | | Code, the circuit clerk shall distribute the fines paid by the |
16 | | person as specified by subsection (h) of Section 11-1429 of the |
17 | | Illinois Vehicle Code. |
18 | | (l) Any person who receives a disposition of court |
19 | | supervision for a violation of Section 11-501 of the Illinois |
20 | | Vehicle Code or a similar provision of a local ordinance shall, |
21 | | in addition to any other fines, fees, and court costs, pay an |
22 | | additional fee of $50, which shall
be collected by the circuit |
23 | | clerk and then remitted to the State Treasurer for deposit into |
24 | | the Roadside Memorial Fund, a special fund in the State |
25 | | treasury. However, the court may waive the fee if full |
26 | | restitution is complied with. Subject to appropriation, all |
|
| | SB3312 Engrossed | - 11 - | LRB099 18926 SLF 43314 b |
|
|
1 | | moneys in the Roadside Memorial Fund shall be used by the |
2 | | Department of Transportation to pay fees imposed under |
3 | | subsection (f) of Section 20 of the Roadside Memorial Act. The |
4 | | fee shall be remitted by the circuit clerk within one month |
5 | | after receipt to the State Treasurer for deposit into the |
6 | | Roadside Memorial Fund. |
7 | | (m) Of the amounts collected as fines under subsection (c) |
8 | | of Section 411.4 of the Illinois Controlled Substances Act or |
9 | | subsection (c) of Section 90 of the Methamphetamine Control and |
10 | | Community Protection Act, 99% shall be deposited to the law |
11 | | enforcement agency or fund specified and 1% shall be deposited |
12 | | into the Circuit Court Clerk Operation and Administrative Fund |
13 | | to be used to offset the costs incurred by the Circuit Court |
14 | | Clerk in performing the additional duties required to collect |
15 | | and disburse funds to entities of State and local government as |
16 | | provided by law. |
17 | | (n) In addition to any other fines and court costs assessed |
18 | | by the courts, any person who is convicted of or pleads guilty |
19 | | to a violation of the Criminal Code of 1961 or the Criminal |
20 | | Code of 2012, or a similar provision of a local ordinance, or |
21 | | who is convicted of, pleads guilty to, or receives a |
22 | | disposition of court supervision for a violation of the |
23 | | Illinois Vehicle Code, or a similar provision of a local |
24 | | ordinance, or the Criminal Code of 1961 or the Criminal Code of |
25 | | 2012, the court shall impose pay an additional fine fee of $15 |
26 | | to the clerk of the circuit court. This additional fine fee of |
|
| | SB3312 Engrossed | - 12 - | LRB099 18926 SLF 43314 b |
|
|
1 | | $15 shall not be considered a part of the fine for purposes of |
2 | | any reduction in the fine for time served either before or |
3 | | after sentencing. This amount , less 2.5% that shall be used to |
4 | | defray administrative costs incurred by the clerk, shall be |
5 | | remitted by the clerk to the State Treasurer within 60 days |
6 | | after receipt for deposit into the State Police Merit Board |
7 | | Public Safety Fund for distribution as provided under Section |
8 | | 7.2 of the State Police Act. Of this fine, 2.5% shall be |
9 | | deposited into the Circuit Court Clerk Operation and |
10 | | Administration 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 as provided by law . |
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 | | (p) In addition to any other fees and penalties imposed, |
20 | | any person who is convicted of or pleads guilty to a violation |
21 | | of Section 20-1 or Section 20-1.1 of the Criminal Code of 2012 |
22 | | shall pay an additional fee of $250 to the clerk of the circuit |
23 | | court. This additional fee of $250 shall not be considered a |
24 | | part of the fine for purposes of any reduction in the fine for |
25 | | time served either before or after sentencing. This amount, |
26 | | less 2.5% that shall be used to defray administrative costs |
|
| | SB3312 Engrossed | - 13 - | LRB099 18926 SLF 43314 b |
|
|
1 | | incurred by the clerk, shall be remitted by the clerk to the |
2 | | Department of Insurance within 60 days after receipt for |
3 | | deposit into the George Bailey Memorial Fund. |
4 | | (Source: P.A. 98-658, eff. 6-23-14; 98-1013, eff. 1-1-15; |
5 | | 99-78, eff. 7-20-15; 99-455, eff. 1-1-16 .) |
6 | | (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667, |
7 | | 96-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150, |
8 | | 98-658, 98-1013, 99-78, and 99-455) |
9 | | Sec. 27.6. (a) All fees, fines, costs, additional |
10 | | penalties, bail balances
assessed or forfeited, and any other |
11 | | amount paid by a person to the circuit
clerk equalling an |
12 | | amount of $55 or more, except the fine imposed by Section |
13 | | 5-9-1.15
of the Unified Code of Corrections, the additional fee |
14 | | required
by subsections (b) and (c), restitution under Section |
15 | | 5-5-6 of the
Unified Code of Corrections, contributions to a |
16 | | local anti-crime program ordered pursuant to Section |
17 | | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of |
18 | | Corrections, reimbursement for the costs of an emergency
|
19 | | response as provided under Section 11-501 of the Illinois |
20 | | Vehicle Code,
any fees collected for attending a traffic safety |
21 | | program under paragraph (c)
of Supreme Court Rule 529, any fee |
22 | | collected on behalf of a State's Attorney
under Section 4-2002 |
23 | | of the Counties Code or a sheriff under Section 4-5001
of the |
24 | | Counties Code, or any cost imposed under Section 124A-5 of the |
25 | | Code of
Criminal Procedure of 1963, for convictions, orders of |
|
| | SB3312 Engrossed | - 14 - | LRB099 18926 SLF 43314 b |
|
|
1 | | supervision, or any
other disposition for a violation of |
2 | | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a |
3 | | similar provision of a local ordinance, and any
violation of |
4 | | the Child Passenger Protection Act, or a similar provision of a
|
5 | | local ordinance, and except as otherwise provided in this |
6 | | Section
shall be disbursed
within 60 days after receipt by the |
7 | | circuit
clerk as follows: 44.5% shall be disbursed to the |
8 | | entity authorized by law to
receive the fine imposed in the |
9 | | case; 16.825% shall be disbursed to the State
Treasurer; and |
10 | | 38.675% shall be disbursed to the county's general corporate
|
11 | | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 |
12 | | shall be deposited
by the State Treasurer into the Violent |
13 | | Crime Victims Assistance Fund, 5.052/17
shall be deposited into |
14 | | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall |
15 | | be deposited into the Drivers Education Fund, and 6.948/17 |
16 | | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 |
17 | | deposited into the
Trauma Center Fund from the 16.825% |
18 | | disbursed to the State Treasurer, 50% shall
be disbursed to the |
19 | | Department of Public Health and 50% shall be disbursed to
the |
20 | | Department of Healthcare and Family Services. For fiscal year |
21 | | 1993, amounts deposited into
the Violent Crime Victims |
22 | | Assistance Fund, the Traffic and Criminal
Conviction Surcharge |
23 | | Fund, or the Drivers Education Fund shall not exceed 110%
of |
24 | | the amounts deposited into those funds in fiscal year 1991. Any
|
25 | | amount that exceeds the 110% limit shall be distributed as |
26 | | follows: 50%
shall be disbursed to the county's general |
|
| | SB3312 Engrossed | - 15 - | LRB099 18926 SLF 43314 b |
|
|
1 | | corporate fund and 50% shall be
disbursed to the entity |
2 | | authorized by law to receive the fine imposed in
the case. Not |
3 | | later than March 1 of each year the circuit clerk
shall submit |
4 | | a report of the amount of funds remitted to the State
Treasurer |
5 | | under this Section during the preceding year based upon
|
6 | | independent verification of fines and fees. All counties shall |
7 | | be subject
to this Section, except that counties with a |
8 | | population under 2,000,000
may, by ordinance, elect not to be |
9 | | subject to this Section. For offenses
subject to this Section, |
10 | | judges shall impose one total sum of money payable
for |
11 | | violations. The circuit clerk may add on no additional amounts |
12 | | except
for amounts that are required by Sections 27.3a and |
13 | | 27.3c of
this Act, Section 16-104c of the Illinois Vehicle |
14 | | Code, and subsection (a) of Section 5-1101 of the Counties |
15 | | Code, unless those amounts are specifically waived by the |
16 | | judge. With
respect to money collected by the circuit clerk as |
17 | | a result of
forfeiture of bail, ex parte judgment or guilty |
18 | | plea pursuant to Supreme
Court Rule 529, the circuit clerk |
19 | | shall first deduct and pay amounts
required by Sections 27.3a |
20 | | and 27.3c of this Act. Unless a court ordered payment schedule |
21 | | is implemented or fee requirements are waived pursuant to court |
22 | | order, the clerk of the court may add to any unpaid fees and |
23 | | costs a delinquency amount equal to 5% of the unpaid fees that |
24 | | remain unpaid after 30 days, 10% of the unpaid fees that remain |
25 | | unpaid after 60 days, and 15% of the unpaid fees that remain |
26 | | unpaid after 90 days. Notice to those parties may be made by |
|
| | SB3312 Engrossed | - 16 - | LRB099 18926 SLF 43314 b |
|
|
1 | | signage posting or publication. The additional delinquency |
2 | | amounts collected under this Section shall be deposited in the |
3 | | Circuit Court Clerk Operation and Administrative Fund to be |
4 | | used to defray administrative costs incurred by the circuit |
5 | | clerk in performing the duties required to collect and disburse |
6 | | funds. This Section is a denial
and limitation of home rule |
7 | | powers and functions under subsection (h) of
Section 6 of |
8 | | Article VII of the Illinois Constitution.
|
9 | | (b) In addition to any other fines and court costs assessed |
10 | | by the courts,
any person convicted or receiving an order of |
11 | | supervision for driving under
the influence of alcohol or drugs |
12 | | shall pay an additional fee of $100 to the
clerk of the circuit |
13 | | court. This amount, less 2 1/2% that shall be used to
defray |
14 | | administrative costs incurred by the clerk, shall be remitted |
15 | | by the
clerk to the Treasurer within 60 days after receipt for |
16 | | deposit into the Trauma
Center Fund. This additional fee of |
17 | | $100 shall not be considered a part of the
fine for purposes of |
18 | | any reduction in the fine for time served either before or
|
19 | | after sentencing. Not later than March 1 of each year the |
20 | | Circuit Clerk shall
submit a report of the amount of funds |
21 | | remitted to the State Treasurer under
this subsection during |
22 | | the preceding calendar year.
|
23 | | (b-1) In addition to any other fines and court costs |
24 | | assessed by the courts,
any person convicted or receiving an |
25 | | order of supervision for driving under the
influence of alcohol |
26 | | or drugs shall pay an additional fee of $5 to the clerk
of the |
|
| | SB3312 Engrossed | - 17 - | LRB099 18926 SLF 43314 b |
|
|
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 | | (c) In addition to any other fines and court costs assessed |
12 | | by the courts,
any person convicted for a violation of Sections |
13 | | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or the |
14 | | Criminal Code of 2012 or a person sentenced for a violation of |
15 | | the Cannabis
Control Act, the Illinois Controlled Substances |
16 | | Act, or the Methamphetamine Control and Community Protection |
17 | | Act
shall pay an additional fee of $100 to the clerk
of the |
18 | | circuit court. This amount, less
2 1/2% that shall be used to |
19 | | defray administrative costs incurred by the clerk,
shall be |
20 | | remitted by the clerk to the Treasurer within 60 days after |
21 | | receipt
for deposit into the Trauma Center Fund. This |
22 | | additional fee of $100 shall not
be considered a part of the |
23 | | fine for purposes of any reduction in the fine for
time served |
24 | | either before or after sentencing. Not later than March 1 of |
25 | | each
year the Circuit Clerk shall submit a report of the amount |
26 | | of funds remitted to
the State Treasurer under this subsection |
|
| | SB3312 Engrossed | - 18 - | LRB099 18926 SLF 43314 b |
|
|
1 | | during the preceding calendar year.
|
2 | | (c-1) In addition to any other fines and court costs |
3 | | assessed by the
courts, any person sentenced for a violation of |
4 | | the Cannabis Control Act,
the Illinois Controlled Substances |
5 | | Act, or the Methamphetamine Control and Community Protection |
6 | | Act shall pay an additional fee of $5 to the
clerk of the |
7 | | circuit court. This amount, less 2 1/2% that shall be used to
|
8 | | defray administrative costs incurred by the clerk, shall be |
9 | | remitted by the
clerk to the Treasurer within 60 days after |
10 | | receipt for deposit into the Spinal
Cord Injury Paralysis Cure |
11 | | Research Trust Fund. This additional fee of $5
shall not be |
12 | | considered a part of the fine for purposes of any reduction in |
13 | | the
fine for time served either before or after sentencing. Not |
14 | | later than March 1
of each year the Circuit Clerk shall submit |
15 | | a report of the amount of funds
remitted to the State Treasurer |
16 | | under this subsection during the preceding
calendar year.
|
17 | | (d) The following amounts must be remitted to the State |
18 | | Treasurer for
deposit into the Illinois Animal Abuse Fund:
|
19 | | (1) 50% of the amounts collected for felony offenses |
20 | | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, |
21 | | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for |
22 | | Animals Act and Section 26-5 or 48-1 of the Criminal Code |
23 | | of
1961 or the Criminal Code of 2012;
|
24 | | (2) 20% of the amounts collected for Class A and Class |
25 | | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, |
26 | | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care |
|
| | SB3312 Engrossed | - 19 - | LRB099 18926 SLF 43314 b |
|
|
1 | | for Animals Act and Section 26-5 or 48-1 of the Criminal
|
2 | | Code of 1961 or the Criminal Code of 2012; and
|
3 | | (3) 50% of the amounts collected for Class C |
4 | | misdemeanors under Sections
4.01 and 7.1 of the Humane Care |
5 | | for Animals Act and Section 26-5 or 48-1 of the
Criminal |
6 | | Code of 1961 or the Criminal Code of 2012.
|
7 | | (e) Any person who receives a disposition of court |
8 | | supervision for a violation of the Illinois Vehicle Code or a |
9 | | similar provision of a local ordinance shall, in addition to |
10 | | any other fines, fees, and court costs, pay an additional fee |
11 | | of $29, to be disbursed as provided in Section 16-104c of the |
12 | | Illinois Vehicle Code. In addition to the fee of $29, the |
13 | | person shall also pay a fee of $6, if not waived by the court. |
14 | | If this $6 fee is collected, $5.50 of the fee shall be |
15 | | deposited into the Circuit Court Clerk Operation and |
16 | | Administrative Fund created by the Clerk of the Circuit Court |
17 | | and 50 cents of the fee shall be deposited into the Prisoner |
18 | | Review Board Vehicle and Equipment Fund in the State treasury.
|
19 | | (f) This Section does not apply to the additional child |
20 | | pornography fines assessed and collected under Section |
21 | | 5-9-1.14 of the Unified Code of Corrections.
|
22 | | (g) Any person convicted of or pleading guilty to a serious |
23 | | traffic violation, as defined in Section 1-187.001 of the |
24 | | Illinois Vehicle Code, shall pay an additional fee of $35, to |
25 | | be disbursed as provided in Section 16-104d of that Code. This |
26 | | subsection (g) becomes inoperative on January 1, 2020. |
|
| | SB3312 Engrossed | - 20 - | LRB099 18926 SLF 43314 b |
|
|
1 | | (h) In all counties having a population of 3,000,000 or |
2 | | more inhabitants, |
3 | | (1) A person who is found guilty of or pleads guilty to |
4 | | violating subsection (a) of Section 11-501 of the Illinois |
5 | | Vehicle Code, including any person placed on court |
6 | | supervision for violating subsection (a), shall be fined |
7 | | $750 as provided for by subsection (f) of Section 11-501.01 |
8 | | of the Illinois Vehicle Code, payable to the circuit clerk, |
9 | | who shall distribute the money pursuant to subsection (f) |
10 | | of Section 11-501.01 of the Illinois Vehicle Code. |
11 | | (2) When a crime laboratory DUI analysis fee of $150, |
12 | | provided for by Section 5-9-1.9 of the Unified Code of |
13 | | Corrections is assessed, it shall be disbursed by the |
14 | | circuit clerk as provided by subsection (f) of Section |
15 | | 5-9-1.9 of the Unified Code of Corrections. |
16 | | (3) When a fine for a violation of Section 11-605.1 of |
17 | | the Illinois Vehicle Code is $250 or greater, the person |
18 | | who violated that Section shall be charged an additional |
19 | | $125 as provided for by subsection (e) of Section 11-605.1 |
20 | | of the Illinois Vehicle Code, which shall be disbursed by |
21 | | the circuit clerk to a State or county Transportation |
22 | | Safety Highway Hire-back Fund as provided by subsection (e) |
23 | | of Section 11-605.1 of the Illinois Vehicle Code. |
24 | | (4) When a fine for a violation of subsection (a) of |
25 | | Section 11-605 of the Illinois Vehicle Code is $150 or |
26 | | greater, the additional $50 which is charged as provided |
|
| | SB3312 Engrossed | - 21 - | LRB099 18926 SLF 43314 b |
|
|
1 | | for by subsection (f) of Section 11-605 of the Illinois |
2 | | Vehicle Code shall be disbursed by the circuit clerk to a |
3 | | school district or districts for school safety purposes as |
4 | | provided by subsection (f) of Section 11-605. |
5 | | (5) When a fine for a violation of subsection (a) of |
6 | | Section 11-1002.5 of the Illinois Vehicle Code is $150 or |
7 | | greater, the additional $50 which is charged as provided |
8 | | for by subsection (c) of Section 11-1002.5 of the Illinois |
9 | | Vehicle Code shall be disbursed by the circuit clerk to a |
10 | | school district or districts for school safety purposes as |
11 | | provided by subsection (c) of Section 11-1002.5 of the |
12 | | Illinois Vehicle Code. |
13 | | (6) When a mandatory drug court fee of up to $5 is |
14 | | assessed as provided in subsection (f) of Section 5-1101 of |
15 | | the Counties Code, it shall be disbursed by the circuit |
16 | | clerk as provided in subsection (f) of Section 5-1101 of |
17 | | the Counties Code. |
18 | | (7) When a mandatory teen court, peer jury, youth |
19 | | court, or other youth diversion program fee is assessed as |
20 | | provided in subsection (e) of Section 5-1101 of the |
21 | | Counties Code, it shall be disbursed by the circuit clerk |
22 | | as provided in subsection (e) of Section 5-1101 of the |
23 | | Counties Code. |
24 | | (8) When a Children's Advocacy Center fee is assessed |
25 | | pursuant to subsection (f-5) of Section 5-1101 of the |
26 | | Counties Code, it shall be disbursed by the circuit clerk |
|
| | SB3312 Engrossed | - 22 - | LRB099 18926 SLF 43314 b |
|
|
1 | | as provided in subsection (f-5) of Section 5-1101 of the |
2 | | Counties Code. |
3 | | (9) When a victim impact panel fee is assessed pursuant |
4 | | to subsection (b) of Section 11-501.01 of the Vehicle Code, |
5 | | it shall be disbursed by the circuit clerk to the victim |
6 | | impact panel to be attended by the defendant. |
7 | | (10) When a new fee collected in traffic cases is |
8 | | enacted after the effective date of this subsection (h), it |
9 | | shall be excluded from the percentage disbursement |
10 | | provisions of this Section unless otherwise indicated by |
11 | | law. |
12 | | (i)
Of the amounts collected as fines under subsection (b) |
13 | | of Section 3-712 of the Illinois Vehicle Code, 99% shall be |
14 | | deposited into the Illinois Military Family Relief Fund and 1% |
15 | | shall be deposited into the Circuit Court Clerk Operation and |
16 | | Administrative Fund created by the Clerk of the Circuit Court |
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 | | (j) (Blank). |
22 | | (k) For any conviction or disposition of court supervision |
23 | | for a violation of Section 11-1429 of the Illinois Vehicle |
24 | | Code, the circuit clerk shall distribute the fines paid by the |
25 | | person as specified by subsection (h) of Section 11-1429 of the |
26 | | Illinois Vehicle Code. |
|
| | SB3312 Engrossed | - 23 - | LRB099 18926 SLF 43314 b |
|
|
1 | | (l) Any person who receives a disposition of court |
2 | | supervision for a violation of Section 11-501 of the Illinois |
3 | | Vehicle Code or a similar provision of a local ordinance shall, |
4 | | in addition to any other fines, fees, and court costs, pay an |
5 | | additional fee of $50, which shall
be collected by the circuit |
6 | | clerk and then remitted to the State Treasurer for deposit into |
7 | | the Roadside Memorial Fund, a special fund in the State |
8 | | treasury. However, the court may waive the fee if full |
9 | | restitution is complied with. Subject to appropriation, all |
10 | | moneys in the Roadside Memorial Fund shall be used by the |
11 | | Department of Transportation to pay fees imposed under |
12 | | subsection (f) of Section 20 of the Roadside Memorial Act. The |
13 | | fee shall be remitted by the circuit clerk within one month |
14 | | after receipt to the State Treasurer for deposit into the |
15 | | Roadside Memorial Fund. |
16 | | (m) Of the amounts collected as fines under subsection (c) |
17 | | of Section 411.4 of the Illinois Controlled Substances Act or |
18 | | subsection (c) of Section 90 of the Methamphetamine Control and |
19 | | Community Protection Act, 99% shall be deposited to the law |
20 | | enforcement agency or fund specified and 1% shall be deposited |
21 | | into the Circuit Court Clerk Operation and Administrative Fund |
22 | | to be used to offset the costs incurred by the Circuit Court |
23 | | Clerk in performing the additional duties required to collect |
24 | | and disburse funds to entities of State and local government as |
25 | | provided by law. |
26 | | (n) In addition to any other fines and court costs assessed |
|
| | SB3312 Engrossed | - 24 - | LRB099 18926 SLF 43314 b |
|
|
1 | | by the courts, any person who is convicted of or pleads guilty |
2 | | to a violation of the Criminal Code of 1961 or the Criminal |
3 | | Code of 2012, or a similar provision of a local ordinance, or |
4 | | who is convicted of, pleads guilty to, or receives a |
5 | | disposition of court supervision for a violation of the |
6 | | Illinois Vehicle Code, or a similar provision of a local |
7 | | ordinance, or the Criminal Code of 1961 or the Criminal Code of |
8 | | 2012, the court shall impose pay an additional fine fee of $15 |
9 | | to the clerk of the circuit court. This additional fine fee of |
10 | | $15 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% that shall be used to |
13 | | defray administrative costs incurred by the clerk, shall be |
14 | | remitted by the clerk to the State Treasurer within 60 days |
15 | | after receipt for deposit into the State Police Merit Board |
16 | | Public Safety Fund for distribution as provided under Section |
17 | | 7.2 of the State Police Act. Of this fine, 2.5% shall be |
18 | | deposited into the Circuit Court Clerk Operation and |
19 | | Administration Fund created by the clerk of the circuit court |
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 as provided by law . |
23 | | (o) The amounts collected as fines under Sections 10-9, |
24 | | 11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall |
25 | | be collected by the circuit clerk and distributed as provided |
26 | | under Section 5-9-1.21 of the Unified Code of Corrections in |
|
| | SB3312 Engrossed | - 25 - | LRB099 18926 SLF 43314 b |
|
|
1 | | lieu of any disbursement under subsection (a) of this Section. |
2 | | (p) In addition to any other fees and penalties imposed, |
3 | | any person who is convicted of or pleads guilty to a violation |
4 | | of Section 20-1 or Section 20-1.1 of the Criminal Code of 2012 |
5 | | shall pay an additional fee of $250 to the clerk of the circuit |
6 | | court. This additional fee of $250 shall not be considered a |
7 | | part of the fine for purposes of any reduction in the fine for |
8 | | time served either before or after sentencing. This amount, |
9 | | less 2.5% that shall be used to defray administrative costs |
10 | | incurred by the clerk, shall be remitted by the clerk to the |
11 | | Department of Insurance within 60 days after receipt for |
12 | | deposit into the George Bailey Memorial Fund. |
13 | | (Source: P.A. 98-658, eff. 6-23-14; 98-1013, eff. 1-1-15; |
14 | | 99-78, eff. 7-20-15; 99-455, eff. 1-1-16.) |
15 | | Section 20. The Unified Code of Corrections is amended by |
16 | | adding Section 5-9-1.22 as follows: |
17 | | (730 ILCS 5/5-9-1.22 new) |
18 | | Sec. 5-9-1.22. Additional public safety fines. In addition |
19 | | to any other fines imposed by the court, any person who is |
20 | | convicted of, or receives a disposition of court supervision, |
21 | | for any violation of the Criminal Code of 1961 or the Criminal |
22 | | Code of 2012, the court shall impose an additional fine of $15 |
23 | | payable to the clerk of the circuit court. This additional fine |
24 | | of $15 shall not be considered a part of the fine for purposes |
|
| | SB3312 Engrossed | - 26 - | LRB099 18926 SLF 43314 b |
|
|
1 | | of reducing the fine for time served, either before or after |
2 | | sentencing. This additional fine shall be remitted by the clerk |
3 | | to the State Treasurer within 60 days after receipt for deposit |
4 | | into the State Police Merit Board Public Safety Fund for |
5 | | distribution as provided under Section 7.2 of the State Police |
6 | | Act. Of this fine, 2.5% shall be deposited into the Circuit |
7 | | Court Clerk Operation and Administration Fund created by the |
8 | | clerk of the circuit court to be used to offset the costs |
9 | | incurred by the circuit court clerk in performing the |
10 | | additional duties required to collect and disburse funds as |
11 | | provided by law.
|