99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4480

 

Introduced , by Rep. Brandon W. Phelps

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-9-1  from Ch. 38, par. 1005-9-1

    Amends the Unified Code of Corrections. Provides that a gross weight truck load violation shall not result in an additional penalty of $15 for each $40 of fine imposed upon a plea of guilty, stipulation of facts or findings of guilty, resulting in a judgment of conviction, or order of supervision.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 5-9-1 as follows:
 
6    (730 ILCS 5/5-9-1)  (from Ch. 38, par. 1005-9-1)
7    Sec. 5-9-1. Authorized fines.
8    (a) An offender may be sentenced to pay a fine as provided
9in Article 4.5 of Chapter V.
10    (b) (Blank.)
11    (c) There shall be added to every fine imposed in
12sentencing for a criminal or traffic offense, except an offense
13relating to parking or registration, a violation of Section
1415-111 of the Illinois Vehicle Code, or offense by a
15pedestrian, an additional penalty of $15 for each $40, or
16fraction thereof, of fine imposed. The additional penalty of
17$15 for each $40, or fraction thereof, of fine imposed, if not
18otherwise assessed, shall also be added to every fine imposed
19upon a plea of guilty, stipulation of facts or findings of
20guilty, resulting in a judgment of conviction, or order of
21supervision in criminal, traffic, local ordinance, county
22ordinance, and conservation cases (except parking,
23registration, a violation of Section 15-111 of the Illinois

 

 

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1Vehicle Code, or pedestrian violations), or upon a sentence of
2probation without entry of judgment under Section 10 of the
3Cannabis Control Act, Section 410 of the Illinois Controlled
4Substances Act, or Section 70 of the Methamphetamine Control
5and Community Protection Act.
6    Such additional amounts shall be assessed by the court
7imposing the fine and shall be collected by the Circuit Clerk
8in addition to the fine and costs in the case. Each such
9additional penalty shall be remitted by the Circuit Clerk
10within one month after receipt to the State Treasurer. The
11State Treasurer shall deposit $1 for each $40, or fraction
12thereof, of fine imposed into the LEADS Maintenance Fund. The
13State Treasurer shall deposit $3 for each $40, or fraction
14thereof, of fine imposed into the Law Enforcement Camera Grant
15Fund. The remaining surcharge amount shall be deposited into
16the Traffic and Criminal Conviction Surcharge Fund, unless the
17fine, costs or additional amounts are subject to disbursement
18by the circuit clerk under Section 27.5 of the Clerks of Courts
19Act. Such additional penalty shall not be considered a part of
20the fine for purposes of any reduction in the fine for time
21served either before or after sentencing. Not later than March
221 of each year the Circuit Clerk shall submit a report of the
23amount of funds remitted to the State Treasurer under this
24subsection (c) during the preceding calendar year. Except as
25otherwise provided by Supreme Court Rules, if a court in
26imposing a fine against an offender levies a gross amount for

 

 

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1fine, costs, fees and penalties, the amount of the additional
2penalty provided for herein shall be computed on the amount
3remaining after deducting from the gross amount levied all fees
4of the Circuit Clerk, the State's Attorney and the Sheriff.
5After deducting from the gross amount levied the fees and
6additional penalty provided for herein, less any other
7additional penalties provided by law, the clerk shall remit the
8net balance remaining to the entity authorized by law to
9receive the fine imposed in the case. For purposes of this
10Section "fees of the Circuit Clerk" shall include, if
11applicable, the fee provided for under Section 27.3a of the
12Clerks of Courts Act and the fee, if applicable, payable to the
13county in which the violation occurred pursuant to Section
145-1101 of the Counties Code.
15    (c-5) In addition to the fines imposed by subsection (c),
16any person convicted or receiving an order of supervision for
17driving under the influence of alcohol or drugs shall pay an
18additional $100 fee to the clerk. This additional fee, less 2
191/2% that shall be used to defray administrative costs incurred
20by the clerk, shall be remitted by the clerk to the Treasurer
21within 60 days after receipt for deposit into the Trauma Center
22Fund. This additional fee of $100 shall not be considered a
23part of the fine for purposes of any reduction in the fine for
24time served either before or after sentencing. Not later than
25March 1 of each year the Circuit Clerk shall submit a report of
26the amount of funds remitted to the State Treasurer under this

 

 

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1subsection (c-5) during the preceding calendar year.
2    The Circuit Clerk may accept payment of fines and costs by
3credit card from an offender who has been convicted of a
4traffic offense, petty offense or misdemeanor and may charge
5the service fee permitted where fines and costs are paid by
6credit card provided for in Section 27.3b of the Clerks of
7Courts Act.
8    (c-7) In addition to the fines imposed by subsection (c),
9any person convicted or receiving an order of supervision for
10driving under the influence of alcohol or drugs shall pay an
11additional $5 fee to the clerk. This additional fee, less 2
121/2% that shall be used to defray administrative costs incurred
13by the clerk, shall be remitted by the clerk to the Treasurer
14within 60 days after receipt for deposit into the Spinal Cord
15Injury Paralysis Cure Research Trust Fund. This additional fee
16of $5 shall not be considered a part of the fine for purposes
17of any reduction in the fine for time served either before or
18after sentencing. Not later than March 1 of each year the
19Circuit Clerk shall submit a report of the amount of funds
20remitted to the State Treasurer under this subsection (c-7)
21during the preceding calendar year.
22    (c-9) (Blank).
23    (d) In determining the amount and method of payment of a
24fine, except for those fines established for violations of
25Chapter 15 of the Illinois Vehicle Code, the court shall
26consider:

 

 

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1        (1) the financial resources and future ability of the
2    offender to pay the fine; and
3        (2) whether the fine will prevent the offender from
4    making court ordered restitution or reparation to the
5    victim of the offense; and
6        (3) in a case where the accused is a dissolved
7    corporation and the court has appointed counsel to
8    represent the corporation, the costs incurred either by the
9    county or the State for such representation.
10    (e) The court may order the fine to be paid forthwith or
11within a specified period of time or in installments.
12    (f) All fines, costs and additional amounts imposed under
13this Section for any violation of Chapters 3, 4, 6, and 11 of
14the Illinois Vehicle Code, or a similar provision of a local
15ordinance, and any violation of the Child Passenger Protection
16Act, or a similar provision of a local ordinance, shall be
17collected and disbursed by the circuit clerk as provided under
18Section 27.5 of the Clerks of Courts Act.
19(Source: P.A. 99-352, eff. 1-1-16.)