Illinois General Assembly - Full Text of HB2430
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Full Text of HB2430  102nd General Assembly

HB2430 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2430

 

Introduced 2/19/2021, by Rep. LaToya Greenwood

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 135/10-5
705 ILCS 135/15-5
705 ILCS 135/15-10
705 ILCS 135/15-15
705 ILCS 135/15-20
705 ILCS 135/15-25
705 ILCS 135/15-30
705 ILCS 135/15-35
705 ILCS 135/15-40
705 ILCS 135/15-45
705 ILCS 135/15-65
705 ILCS 135/15-70

    Amends the Criminal and Traffic Assessment Act. Provides that in each county in which Court Appointed Special Advocates provide services, a Court Appointed Special Advocates Fund is specifically for the operations of the Court Appointed Special Advocates, from which the county board shall make grants to support the activities and services of the Court Appointed Special Advocates within that county. Provides that $10 shall be deposited from the county's portion into the Court Appointed Special Advocates Fund under the following fee schedules: generic felony offenses; felony DUI offenses; felony drug offenses; felony sex offenses; generic misdemeanor offenses; misdemeanor DUI offenses; misdemeanor drug offenses; misdemeanor sex offenses; major traffic offenses; and non-traffic violations. Provides that the conditional assessment amount for a drug-related offense involving possession or delivery of cannabis or possession or delivery of a controlled substance shall be disbursed with 50% going to the treasurer of the arresting law enforcement agency of the municipality or county, or to the State Treasurer if the arresting agency was a State agency, to be deposited into the State Police Law Enforcement Administration Fund, the Conservation Police Operations Assistance Fund, the Secretary of State Police Services Fund, or the Transportation Regulatory Fund, depending on which State agency made the arrest. Effective July 1, 2021.


LRB102 12718 LNS 18057 b

 

 

A BILL FOR

 

HB2430LRB102 12718 LNS 18057 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal and Traffic Assessment Act is
5amended by changing Sections 10-5, 15-5, 15-10, 15-15, 15-20,
615-25, 15-30, 15-35, 15-40, 15-45, 15-65, and 15-70 as
7follows:
 
8    (705 ILCS 135/10-5)
9    (Section scheduled to be repealed on January 1, 2022)
10    Sec. 10-5. Funds.
11    (a) All money collected by the Clerk of the Circuit Court
12under Article 15 of this Act shall be remitted as directed in
13Article 15 of this Act to the county treasurer, to the State
14Treasurer, and to the treasurers of the units of local
15government. If an amount payable to any of the treasurers is
16less than $10, the clerk may postpone remitting the money
17until $10 has accrued or by the end of fiscal year. The
18treasurers shall deposit the money as indicated in the
19schedules, except, in a county with a population of over
203,000,000, money remitted to the county treasurer shall be
21subject to appropriation by the county board. Any amount
22retained by the Clerk of the Circuit Court in a county with a
23population of over 3,000,000 shall be subject to appropriation

 

 

HB2430- 2 -LRB102 12718 LNS 18057 b

1by the county board.
2    (b) The county treasurer or the treasurer of the unit of
3local government may create the funds indicated in paragraphs
4(1) through (5), (9), and (16) of subsection (d) of this
5Section, if not already in existence. If a county or unit of
6local government has not instituted, and does not plan to
7institute a program that uses a particular fund, the treasurer
8need not create the fund and may instead deposit the money
9intended for the fund into the general fund of the county or
10unit of local government for use in financing the court
11system.
12    (c) If the arresting agency is a State agency, the
13arresting agency portion shall be remitted by the clerk of
14court to the State Treasurer who shall deposit the portion as
15follows:
16        (1) if the arresting agency is the Department of State
17    Police, into the State Police Law Enforcement
18    Administration Fund;
19        (2) if the arresting agency is the Department of
20    Natural Resources, into the Conservation Police Operations
21    Assistance Fund;
22        (3) if the arresting agency is the Secretary of State,
23    into the Secretary of State Police Services Fund; and
24        (4) if the arresting agency is the Illinois Commerce
25    Commission, into the Transportation Regulatory Fund.
26    (d) Fund descriptions and provisions:

 

 

HB2430- 3 -LRB102 12718 LNS 18057 b

1        (1) The Court Automation Fund is to defray the
2    expense, borne by the county, of establishing and
3    maintaining automated record keeping systems in the Office
4    of the Clerk of the Circuit Court. The money shall be
5    remitted monthly by the clerk to the county treasurer and
6    identified as funds for the Circuit Court Clerk. The fund
7    shall be audited by the county auditor, and the board
8    shall make expenditures from the fund in payment of any
9    costs related to the automation of court records including
10    hardware, software, research and development costs, and
11    personnel costs related to the foregoing, provided that
12    the expenditure is approved by the clerk of the court and
13    by the chief judge of the circuit court or his or her
14    designee.
15        (2) The Document Storage Fund is to defray the
16    expense, borne by the county, of establishing and
17    maintaining a document storage system and converting the
18    records of the circuit court clerk to electronic or
19    micrographic storage. The money shall be remitted monthly
20    by the clerk to the county treasurer and identified as
21    funds for the circuit court clerk. The fund shall be
22    audited by the county auditor, and the board shall make
23    expenditure from the fund in payment of any cost related
24    to the storage of court records, including hardware,
25    software, research and development costs, and personnel
26    costs related to the foregoing, provided that the

 

 

HB2430- 4 -LRB102 12718 LNS 18057 b

1    expenditure is approved by the clerk of the court.
2        (3) The Circuit Clerk Operations and Administration
3    Fund may be used to defray the expenses incurred for
4    collection and disbursement of the various assessment
5    schedules. The money shall be remitted monthly by the
6    clerk to the county treasurer and identified as funds for
7    the circuit court clerk.
8        (4) The State's Attorney Records Automation Fund is to
9    defray the expense of establishing and maintaining
10    automated record keeping systems in the offices of the
11    State's Attorney. The money shall be remitted monthly by
12    the clerk to the county treasurer for deposit into the
13    State's Attorney Records Automation Fund. Expenditures
14    from this fund may be made by the State's Attorney for
15    hardware, software, and research and development related
16    to automated record keeping systems.
17        (5) The Public Defender Records Automation Fund is to
18    defray the expense of establishing and maintaining
19    automated record keeping systems in the offices of the
20    Public Defender. The money shall be remitted monthly by
21    the clerk to the county treasurer for deposit into the
22    Public Defender Records Automation Fund. Expenditures from
23    this fund may be made by the Public Defender for hardware,
24    software, and research and development related to
25    automated record keeping systems.
26        (6) The DUI Fund shall be used for enforcement and

 

 

HB2430- 5 -LRB102 12718 LNS 18057 b

1    prevention of driving while under the influence of
2    alcohol, other drug or drugs, intoxicating compound or
3    compounds or any combination thereof, as defined by
4    Section 11-501 of the Illinois Vehicle Code, including,
5    but not limited to, the purchase of law enforcement
6    equipment and commodities that will assist in the
7    prevention of alcohol-related criminal violence throughout
8    the State; police officer training and education in areas
9    related to alcohol-related crime, including, but not
10    limited to, DUI training; and police officer salaries,
11    including, but not limited to, salaries for hire-back
12    funding for safety checkpoints, saturation patrols, and
13    liquor store sting operations. Any moneys shall be used to
14    purchase law enforcement equipment that will assist in the
15    prevention of alcohol-related criminal violence throughout
16    the State. The money shall be remitted monthly by the
17    clerk to the State or local treasurer for deposit as
18    provided by law.
19        (7) The Trauma Center Fund shall be distributed as
20    provided under Section 3.225 of the Emergency Medical
21    Services (EMS) Systems Act.
22        (8) The Probation and Court Services Fund is to be
23    expended as described in Section 15.1 of the Probation and
24    Probation Officers Act.
25        (9) The Circuit Court Clerk Electronic Citation Fund
26    shall have the Circuit Court Clerk as the custodian, ex

 

 

HB2430- 6 -LRB102 12718 LNS 18057 b

1    officio, of the Fund and shall be used to perform the
2    duties required by the office for establishing and
3    maintaining electronic citations. The Fund shall be
4    audited by the county's auditor.
5        (10) The Drug Treatment Fund is a special fund in the
6    State treasury. Moneys in the Fund shall be expended as
7    provided in Section 411.2 of the Illinois Controlled
8    Substances Act.
9        (11) The Violent Crime Victims Assistance Fund is a
10    special fund in the State treasury to provide moneys for
11    the grants to be awarded under the Violent Crime Victims
12    Assistance Act.
13        (12) The Criminal Justice Information Projects Fund
14    shall be appropriated to and administered by the Illinois
15    Criminal Justice Information Authority for distribution to
16    fund Department of State Police drug task forces and
17    Metropolitan Enforcement Groups, for the costs associated
18    with making grants from the Prescription Pill and Drug
19    Disposal Fund, for undertaking criminal justice
20    information projects, and for the operating and other
21    expenses of the Authority incidental to those criminal
22    justice information projects. The moneys deposited into
23    the Criminal Justice Information Projects Fund under
24    Sections 15-15 and 15-35 of this Act shall be appropriated
25    to and administered by the Illinois Criminal Justice
26    Information Authority for distribution to fund Department

 

 

HB2430- 7 -LRB102 12718 LNS 18057 b

1    of State Police drug task forces and Metropolitan
2    Enforcement Groups by dividing the funds equally by the
3    total number of Department of State Police drug task
4    forces and Illinois Metropolitan Enforcement Groups.
5        (13) The Sexual Assault Services Fund shall be
6    appropriated to the Department of Public Health. Upon
7    appropriation of moneys from the Sexual Assault Services
8    Fund, the Department of Public Health shall make grants of
9    these moneys to sexual assault organizations with whom the
10    Department has contracts for the purpose of providing
11    community-based services to victims of sexual assault.
12    Grants are in addition to, and are not substitutes for,
13    other grants authorized and made by the Department.
14        (14) The County Jail Medical Costs Fund is to help
15    defray the costs outlined in Section 17 of the County Jail
16    Act. Moneys in the Fund shall be used solely for
17    reimbursement to the county of costs for medical expenses
18    and administration of the Fund.
19        (15) The Prisoner Review Board Vehicle and Equipment
20    Fund is a special fund in the State treasury. The Prisoner
21    Review Board shall, subject to appropriation by the
22    General Assembly and approval by the Secretary, use all
23    moneys in the Prisoner Review Board Vehicle and Equipment
24    Fund for the purchase and operation of vehicles and
25    equipment.
26        (16) In each county in which a Children's Advocacy

 

 

HB2430- 8 -LRB102 12718 LNS 18057 b

1    Center provides services, a Child Advocacy Center Fund is
2    specifically for the operation and administration of the
3    Children's Advocacy Center, from which the county board
4    shall make grants to support the activities and services
5    of the Children's Advocacy Center within that county.
6        (17) In each county in which Court Appointed Special
7    Advocates provide services, a Court Appointed Special
8    Advocates Fund is specifically for the operations of the
9    Court Appointed Special Advocates, from which the county
10    board shall make grants to support the activities and
11    services of the Court Appointed Special Advocates within
12    that county. The term "Court Appointed Special Advocates"
13    is copyrighted and is used with permission of the holder
14    of the copyright.
15(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19;
16101-636, eff. 6-10-20.)
 
17    (705 ILCS 135/15-5)
18    (Section scheduled to be repealed on January 1, 2022)
19    Sec. 15-5. SCHEDULE 1; generic felony offenses.
20    SCHEDULE 1: Unless assessments are imposed by the court
21under another schedule of this Act, for a felony offense, the
22Clerk of the Circuit Court shall collect $559 $549 and remit as
23follows:
24    (1) As the county's portion, $364 $354 to the county
25treasurer, who shall deposit the money as follows:

 

 

HB2430- 9 -LRB102 12718 LNS 18057 b

1        (A) $20 into the Court Automation Fund;
2        (B) $20 into the Court Document Storage Fund;
3        (C) $5 into the Circuit Court Clerk Operation and
4    Administrative Fund;
5        (D) $255 into the county's General Fund;
6        (E) $10 into the Child Advocacy Center Fund;
7        (F) $2 into the State's Attorney Records Automation
8    Fund;
9        (G) $2 into the Public Defender Records Automation
10    Fund;
11        (H) $20 into the County Jail Medical Costs Fund; and
12        (I) $20 into the Probation and Court Services Fund;
13    and
14        (J) $10 into the Court Appointed Special Advocates
15    Fund.
16    (2) As the State's portion, $195 to the State Treasurer,
17who shall deposit the money as follows:
18        (A) $50 into the State Police Operations Assistance
19    Fund;
20        (B) $100 into the Violent Crime Victims Assistance
21    Fund;
22        (C) $10 into the State Police Merit Board Public
23    Safety Fund; and
24        (D) $35 into the Traffic and Criminal Conviction
25    Surcharge Fund.
26(Source: P.A. 100-987, eff. 7-1-19.)
 

 

 

HB2430- 10 -LRB102 12718 LNS 18057 b

1    (705 ILCS 135/15-10)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 15-10. SCHEDULE 2; felony DUI offenses.
4    SCHEDULE 2: For a felony under Section 11-501 of the
5Illinois Vehicle Code, Section 5-7 of the Snowmobile
6Registration and Safety Act, Section 5-16 of the Boat
7Registration and Safety Act, or a similar provision of a local
8ordinance, the Clerk of the Circuit Court shall collect $1,719
9$1,709 and remit as follows:
10    (1) As the county's portion, $409 $399 to the county
11treasurer, who shall deposit the money as follows:
12        (A) $20 into the Court Automation Fund;
13        (B) $20 into the Court Document Storage Fund;
14        (C) $5 into the Circuit Court Clerk Operation and
15    Administrative Fund;
16        (D) $300 into the county's General Fund;
17        (E) $10 into the Child Advocacy Center Fund;
18        (F) $2 into the State's Attorney Records Automation
19    Fund;
20        (G) $2 into the Public Defender Records Automation
21    Fund;
22        (H) $20 into the County Jail Medical Costs Fund; and
23        (I) $20 into the Probation and Court Services Fund;
24    and
25        (J) $10 into the Court Appointed Special Advocates

 

 

HB2430- 11 -LRB102 12718 LNS 18057 b

1    Fund.
2    (2) As the State's portion, $1,110 to the State Treasurer,
3who shall deposit the money as follows:
4        (A) $730 into the State Police Operations Assistance
5    Fund;
6        (B) $5 into the Drivers Education Fund;
7        (C) $100 into the Trauma Center Fund;
8        (D) $5 into the Spinal Cord Injury Paralysis Cure
9    Research Trust Fund;
10        (E) $5 into the State Police Merit Board Public Safety
11    Fund;
12        (F) $160 into the Traffic and Criminal Conviction
13    Surcharge Fund;
14        (G) $5 into the Law Enforcement Camera Grant Fund; and
15        (H) $100 into the Violent Crime Victims Assistance
16    Fund.
17    (3) As the arresting agency's portion, $200 to the
18treasurer of the unit of local government of the arresting
19agency, who shall deposit the money into the DUI Fund of that
20unit of local government or as provided in subsection (c) of
21Section 10-5 of this Act if the arresting agency is a State
22agency, unless more than one agency is responsible for the
23arrest in which case the amount shall be remitted to each unit
24of government equally.
25(Source: P.A. 100-987, eff. 7-1-19.)
 

 

 

HB2430- 12 -LRB102 12718 LNS 18057 b

1    (705 ILCS 135/15-15)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 15-15. SCHEDULE 3; felony drug offenses.
4    SCHEDULE 3: For a felony under the Illinois Controlled
5Substances Act, the Cannabis Control Act, or the
6Methamphetamine Control and Community Protection Act, the
7Clerk of the Circuit Court shall collect $2,225 $2,215 and
8remit as follows:
9    (1) As the county's portion, $364 $354 to the county
10treasurer, who shall deposit the money as follows:
11        (A) $20 into the Court Automation Fund;
12        (B) $20 into the Court Document Storage Fund;
13        (C) $5 into the Circuit Court Clerk Operation and
14    Administrative Fund;
15        (D) $255 into the county's General Fund;
16        (E) $10 into the Child Advocacy Center Fund;
17        (F) $2 into the State's Attorney Records Automation
18    Fund;
19        (G) $2 into the Public Defender Records Automation
20    Fund;
21        (H) $20 into the County Jail Medical Costs Fund; and
22        (I) $20 into the Probation and Court Services Fund;
23    and
24        (J) $10 into the Court Appointed Special Advocates
25    Fund.
26    (2) As the State's portion, $1,861 to the State Treasurer,

 

 

HB2430- 13 -LRB102 12718 LNS 18057 b

1who shall deposit the money as follows:
2        (A) $50 into the State Police Operations Assistance
3    Fund;
4        (B) $100 into the Violent Crime Victims Assistance
5    Fund;
6        (C) $100 into the Trauma Center Fund; and
7        (D) $5 into the Spinal Cord Injury Paralysis Cure
8    Research Trust Fund;
9        (E) $1,500 into the Drug Treatment Fund;
10        (F) $5 into the State Police Merit Board Public Safety
11    Fund;
12        (G) $38 into the Prescription Pill and Drug Disposal
13    Fund;
14        (H) $28 into the Criminal Justice Information Projects
15    Fund; and
16        (I) $35 into the Traffic and Criminal Conviction
17    Surcharge Fund.
18(Source: P.A. 100-987, eff. 7-1-19.)
 
19    (705 ILCS 135/15-20)
20    (Section scheduled to be repealed on January 1, 2022)
21    Sec. 15-20. SCHEDULE 4; felony sex offenses.
22    SCHEDULE 4: For a felony or attempted felony under Article
2311 or Section 12-33 of the Criminal Code of 2012, the Clerk of
24the Circuit Court shall collect $1,324 $1,314 and remit as
25follows:

 

 

HB2430- 14 -LRB102 12718 LNS 18057 b

1    (1) As the county's portion, $364 $354 to the county
2treasurer, who shall deposit the money as follows:
3        (A) $20 into the Court Automation Fund;
4        (B) $20 into the Court Document Storage Fund;
5        (C) $5 into the Circuit Court Clerk Operation and
6    Administrative Fund;
7        (D) $255 into the county's General Fund;
8        (E) $10 into the Child Advocacy Center Fund;
9        (F) $2 into the State's Attorney Records Automation
10    Fund;
11        (G) $2 into the Public Defender Records Automation
12    Fund;
13        (H) $20 into the County Jail Medical Costs Fund; and
14        (I) $20 into the Probation and Court Services Fund;
15    and
16        (J) $10 into the Court Appointed Special Advocates
17    Fund.
18    (2) As the State's portion, $960 to the State Treasurer,
19who shall deposit the money as follows:
20        (A) $520 into the State Police Operations Assistance
21    Fund;
22        (B) $100 into the Violent Crime Victims Assistance
23    Fund;
24        (C) $200 into the Sexual Assault Services Fund;
25        (D) $100 into the Domestic Violence Shelter and
26    Services Fund;

 

 

HB2430- 15 -LRB102 12718 LNS 18057 b

1        (E) $5 into the State Police Merit Board Public Safety
2    Fund; and
3        (F) $35 into the Traffic and Criminal Conviction
4    Surcharge Fund.
5(Source: P.A. 100-987, eff. 7-1-19.)
 
6    (705 ILCS 135/15-25)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 15-25. SCHEDULE 5; generic misdemeanor offenses.
9    SCHEDULE 5: Unless assessments are imposed under another
10schedule of this Act, for a misdemeanor offense, the Clerk of
11the Circuit Court shall collect $449 $439 and remit as
12follows:
13    (1) As the county's portion, $292 $282 to the county
14treasurer, who shall deposit the money as follows:
15        (A) $20 into the Court Automation Fund;
16        (B) $20 into the Court Document Storage Fund;
17        (C) $5 into the Circuit Court Clerk Operation and
18    Administrative Fund;
19        (D) $8 into the Circuit Court Clerk Electronic
20    Citation Fund;
21        (E) $185 into the county's General Fund;
22        (F) $10 into the Child Advocacy Center Fund;
23        (G) $2 into the State's Attorney Records Automation
24    Fund;
25        (H) $2 into the Public Defender Records Automation

 

 

HB2430- 16 -LRB102 12718 LNS 18057 b

1    Fund;
2        (I) $10 into the County Jail Medical Costs Fund; and
3        (J) $20 into the Probation and Court Services Fund;
4    and
5        (K) $10 into the Court Appointed Special Advocates
6    Fund.
7    (2) As the State's portion, $155 to the State Treasurer,
8who shall deposit the money as follows:
9        (A) $50 into the State Police Operations Assistance
10    Fund;
11        (B) $10 into the State Police Merit Board Public
12    Safety Fund;
13        (C) $75 into the Violent Crime Victims Assistance
14    Fund; and
15        (D) $20 into the Traffic and Criminal Conviction
16    Surcharge Fund.
17    (3) As the arresting agency's portion, $2, to the
18treasurer of the unit of local government of the arresting
19agency, who shall deposit the money into the E-citation Fund
20of that unit of local government or as provided in subsection
21(c) of Section 10-5 of this Act if the arresting agency is a
22State agency, unless more than one agency is responsible for
23the arrest in which case the amount shall be remitted to each
24unit of government equally.
25(Source: P.A. 100-987, eff. 7-1-19.)
 

 

 

HB2430- 17 -LRB102 12718 LNS 18057 b

1    (705 ILCS 135/15-30)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 15-30. SCHEDULE 6; misdemeanor DUI offenses.
4    SCHEDULE 6: For a misdemeanor under Section 11-501 of the
5Illinois Vehicle Code, Section 5-7 of the Snowmobile
6Registration and Safety Act, Section 5-16 of the Boat
7Registration and Safety Act, or a similar provision of a local
8ordinance, the Clerk of the Circuit Court shall collect $1,391
9$1,381 and remit as follows:
10    (1) As the county's portion, $332 $322 to the county
11treasurer, who shall deposit the money as follows:
12        (A) $20 into the Court Automation Fund;
13        (B) $20 into the Court Document Storage Fund;
14        (C) $5 into the Circuit Court Clerk Operation and
15    Administrative Fund;
16        (D) $8 into the Circuit Court Clerk Electronic
17    Citation Fund;
18        (E) $225 into the county's General Fund;
19        (F) $10 into the Child Advocacy Center Fund;
20        (G) $2 into the State's Attorney Records Automation
21    Fund;
22        (H) $2 into the Public Defenders Records Automation
23    Fund;
24        (I) $10 into the County Jail Medical Costs Fund; and
25        (J) $20 into the Probation and Court Services Fund;
26    and

 

 

HB2430- 18 -LRB102 12718 LNS 18057 b

1        (K) $10 into the Court Appointed Special Advocates
2    Fund.
3    (2) As the State's portion, $707 to the State Treasurer,
4who shall deposit the money as follows:
5        (A) $330 into the State Police Operations Assistance
6    Fund;
7        (B) $5 into the Drivers Education Fund;
8        (C) $5 into the State Police Merit Board Public Safety
9    Fund;
10        (D) $100 into the Trauma Center Fund;
11        (E) $5 into the Spinal Cord Injury Paralysis Cure
12    Research Trust Fund;
13        (F) $22 into the Fire Prevention Fund;
14        (G) $160 into the Traffic and Criminal Conviction
15    Surcharge Fund;
16        (H) $5 into the Law Enforcement Camera Grant Fund; and
17        (I) $75 into the Violent Crime Victims Assistance
18    Fund.
19    (3) As the arresting agency's portion, $352 as follows,
20unless more than one agency is responsible for the arrest in
21which case the amount shall be remitted to each unit of
22government equally:
23        (A) if the arresting agency is a local agency, to the
24    treasurer of the unit of local government of the arresting
25    agency, who shall deposit the money as follows:
26            (i) $2 into the E-citation Fund of the unit of

 

 

HB2430- 19 -LRB102 12718 LNS 18057 b

1        local government; and
2            (ii) $350 into the DUI Fund of the unit of local
3        government; or
4        (B) as provided in subsection (c) of Section 10-5 of
5    this Act if the arresting agency is a State agency.
6(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.)
 
7    (705 ILCS 135/15-35)
8    (Section scheduled to be repealed on January 1, 2022)
9    Sec. 15-35. SCHEDULE 7; misdemeanor drug offenses.
10    SCHEDULE 7: For a misdemeanor under the Illinois
11Controlled Substances Act, the Cannabis Control Act, or the
12Methamphetamine Control and Community Protection Act, the
13Clerk of the Circuit Court shall collect $915 $905 and remit as
14follows:
15    (1) As the county's portion, $292 $282 to the county
16treasurer, who shall deposit the money as follows:
17        (A) $20 into the Court Automation Fund;
18        (B) $20 into the Court Document Storage Fund;
19        (C) $5 into the Circuit Court Clerk Operation and
20    Administrative Fund;
21        (D) $8 into the Circuit Court Clerk Electronic
22    Citation Fund;
23        (E) $185 into the county's General Fund;
24        (F) $10 into the Child Advocacy Center Fund;
25        (G) $2 into the State's Attorney Records Automation

 

 

HB2430- 20 -LRB102 12718 LNS 18057 b

1    Fund;
2        (H) $2 into the Public Defenders Records Automation
3    Fund;
4        (I) $10 into the County Jail Medical Costs Fund; and
5        (J) $20 into the Probation and Court Services Fund ;
6    and
7        (K) $10 into the Court Appointed Special Advocates
8    Fund.
9    (2) As the State's portion, $621 to the State Treasurer,
10who shall deposit the money as follows:
11        (A) $50 into the State Police Operations Assistance
12    Fund;
13        (B) $75 into the Violent Crime Victims Assistance
14    Fund;
15        (C) $100 into the Trauma Center Fund;
16        (D) $5 into the Spinal Cord Injury Paralysis Cure
17    Research Trust Fund;
18        (E) $300 into the Drug Treatment Fund;
19        (F) $38 into the Prescription Pill and Drug Disposal
20    Fund;
21        (G) $28 into the Criminal Justice Information Projects
22    Fund;
23        (H) $5 into the State Police Merit Board Public Safety
24    Fund; and
25        (I) $20 into the Traffic and Criminal Conviction
26    Surcharge Fund.

 

 

HB2430- 21 -LRB102 12718 LNS 18057 b

1    (3) As the arresting agency's portion, $2, to the
2treasurer of the unit of local government of the arresting
3agency, who shall deposit the money into the E-citation Fund
4of that unit of local government or as provided in subsection
5(c) of Section 10-5 of this Act if the arresting agency is a
6State agency, unless more than one agency is responsible for
7the arrest in which case the amount shall be remitted to each
8unit of government equally.
9(Source: P.A. 100-987, eff. 7-1-19.)
 
10    (705 ILCS 135/15-40)
11    (Section scheduled to be repealed on January 1, 2022)
12    Sec. 15-40. SCHEDULE 8; misdemeanor sex offenses.
13    SCHEDULE 8: For a misdemeanor or attempted misdemeanor
14under Article 11 of the Criminal Code of 2012, the Clerk of the
15Circuit Court shall collect $1,194 $1,184 and remit as
16follows:
17    (1) As the county's portion, $292 $282 to the county
18treasurer, who shall deposit the money as follows:
19        (A) $20 into the Court Automation Fund;
20        (B) $20 into the Court Document Storage Fund;
21        (C) $5 into the Circuit Court Clerk Operation and
22    Administrative Fund;
23        (D) $8 into the Circuit Court Clerk Electronic
24    Citation Fund;
25        (E) $185 into the county's General Fund;

 

 

HB2430- 22 -LRB102 12718 LNS 18057 b

1        (F) $10 into the Child Advocacy Center Fund;
2        (G) $2 into the State's Attorney Records Automation
3    Fund;
4        (H) $2 into the Public Defenders Records Automation
5    Fund;
6        (I) $10 into the County Jail Medical Costs Fund; and
7        (J) $20 into the Probation and Court Services Fund;
8    and
9        (K) $10 into the Court Appointed Special Advocates
10    Fund.
11    (2) As the State's portion, $900 to the State Treasurer,
12who shall deposit the money as follows:
13        (A) $500 into the State Police Operations Assistance
14    Fund;
15        (B) $75 into the Violent Crime Victims Assistance
16    Fund;
17        (C) $200 into the Sexual Assault Services Fund;
18        (D) $100 into the Domestic Violence Shelter and
19    Service Fund;
20        (E) $5 into the State Police Merit Board Public Safety
21    Fund; and
22        (F) $20 into the Traffic and Criminal Conviction
23    Surcharge Fund.
24    (3) As the arresting agency's portion, $2, to the
25treasurer of the unit of local government of the arresting
26agency, who shall deposit the money into the E-citation Fund

 

 

HB2430- 23 -LRB102 12718 LNS 18057 b

1of that unit of local government or as provided in subsection
2(c) of Section 10-5 of this Act if the arresting agency is a
3State agency, unless more than one agency is responsible for
4the arrest in which case the amount shall be remitted to each
5unit of government equally.
6(Source: P.A. 100-987, eff. 7-1-19.)
 
7    (705 ILCS 135/15-45)
8    (Section scheduled to be repealed on January 1, 2022)
9    Sec. 15-45. SCHEDULE 9; major traffic offenses.
10    SCHEDULE 9: For a major traffic offense, the Clerk of the
11Circuit Court shall collect $335 $325 plus, if applicable, the
12amount established under paragraph (1.5) of this Section and
13remit as follows:
14    (1) As the county's portion, $213 $203 to the county
15treasurer, who shall deposit the money as follows:
16        (A) $20 into the Court Automation Fund;
17        (B) $20 into the Court Document Storage Fund;
18        (C) $5 into the Circuit Court Clerk Operation and
19    Administrative Fund;
20        (D) $8 into the Circuit Court Clerk Electronic
21    Citation Fund; and
22        (E) $150 into the county's General Fund; and
23        (F) $10 into the Court Appointed Special Advocates
24    Fund.
25    (1.5) In a county with a population of 3,000,000 or more,

 

 

HB2430- 24 -LRB102 12718 LNS 18057 b

1the county board may by ordinance or resolution establish an
2additional assessment not to exceed $37 to be remitted to the
3county treasurer of which $5 shall be deposited into the Court
4Automation Fund, $5 shall be deposited into the Court Document
5Storage Fund, $2 shall be deposited into the State's Attorneys
6Records Automation Fund, $2 shall be deposited into the Public
7Defenders Records Automation Fund, $10 shall be deposited into
8the Probation and Court Services Fund, and the remainder shall
9be used for purposes related to the operation of the court
10system.
11    (2) As the State's portion, $97 to the State Treasurer,
12who shall deposit the money as follows:
13        (A) $20 into the State Police Operations Assistance
14    Fund;
15        (B) $5 into the Drivers Education Fund;
16        (C) $5 into the State Police Merit Board Public Safety
17    Fund;
18        (D) $22 into the Fire Prevention Fund;
19        (E) $40 into the Traffic and Criminal Conviction
20    Surcharge Fund; and
21        (F) $5 into the Violent Crime Victims Assistance Fund.
22    (3) As the arresting agency's portion, $25, to the
23treasurer of the unit of local government of the arresting
24agency, who shall deposit the money as follows:
25        (A) $2 into the E-citation Fund of that unit of local
26    government or as provided in subsection (c) of Section

 

 

HB2430- 25 -LRB102 12718 LNS 18057 b

1    10-5 of this Act if the arresting agency is a State agency,
2    unless more than one agency is responsible for the arrest
3    in which case the amount shall be remitted to each unit of
4    government equally.
5        (B) $23 into the General Fund of that unit of local
6    government or as provided in subsection (c) of Section
7    10-5 of this Act if the arresting agency is a State agency,
8    unless more than one agency is responsible for the arrest
9    in which case the amount shall be remitted to each unit of
10    government equally.
11(Source: P.A. 100-987, eff. 7-1-19.)
 
12    (705 ILCS 135/15-65)
13    (Section scheduled to be repealed on January 1, 2022)
14    Sec. 15-65. SCHEDULE 13; non-traffic violations.
15    SCHEDULE 13: For a petty offense, business offense, or
16non-traffic ordinance violation, the Clerk of the Circuit
17Court shall collect $110 $100 and remit as follows:
18    (1) As the county's portion, $85 $75, to the county
19treasurer, who shall deposit the money as follows:
20        (A) $20 into the Court Automation Fund;
21        (B) $20 into the Court Document Storage Fund;
22        (C) $5 into the Circuit Court Clerk Operation and
23    Administrative Fund;
24        (D) $8 into the Circuit Court Clerk Electronic
25    Citation Fund; and

 

 

HB2430- 26 -LRB102 12718 LNS 18057 b

1        (E) $22 into the county's General Fund; and
2        (F) $10 into the Court Appointed Special Advocates
3    Fund.
4    (2) As the arresting agency's portion, $25 as follows,
5unless more than one agency is responsible for the arrest in
6which case the amount shall be remitted to each unit of
7government equally:
8        (A) if the arresting agency is a local agency to the
9    treasurer of the unit of local government of the arresting
10    agency, who shall deposit the money as follows:
11            (i) $2 into the E-citation Fund of the unit of
12        local government; and
13            (ii) $23 into the General Fund of the unit of local
14        government; or
15        (B) as provided in subsection (c) of Section 10-5 of
16    this Act if the arresting agency is a State agency.
17(Source: P.A. 100-987, eff. 7-1-19.)
 
18    (705 ILCS 135/15-70)
19    (Section scheduled to be repealed on January 1, 2022)
20    Sec. 15-70. Conditional assessments. In addition to
21payments under one of the Schedule of Assessments 1 through 13
22of this Act, the court shall also order payment of any of the
23following conditional assessment amounts for each sentenced
24violation in the case to which a conditional assessment is
25applicable, which shall be collected and remitted by the Clerk

 

 

HB2430- 27 -LRB102 12718 LNS 18057 b

1of the Circuit Court as provided in this Section:
2        (1) arson, residential arson, or aggravated arson,
3    $500 per conviction to the State Treasurer for deposit
4    into the Fire Prevention Fund;
5        (2) child pornography under Section 11-20.1 of the
6    Criminal Code of 1961 or the Criminal Code of 2012, $500
7    per conviction, unless more than one agency is responsible
8    for the arrest in which case the amount shall be remitted
9    to each unit of government equally:
10            (A) if the arresting agency is an agency of a unit
11        of local government, $500 to the treasurer of the unit
12        of local government for deposit into the unit of local
13        government's General Fund, except that if the
14        Department of State Police provides digital or
15        electronic forensic examination assistance, or both,
16        to the arresting agency then $100 to the State
17        Treasurer for deposit into the State Crime Laboratory
18        Fund; or
19            (B) if the arresting agency is the Department of
20        State Police, $500 to the State Treasurer for deposit
21        into the State Crime Laboratory Fund;
22        (3) crime laboratory drug analysis for a drug-related
23    offense involving possession or delivery of cannabis or
24    possession or delivery of a controlled substance as
25    defined in the Cannabis Control Act, the Illinois
26    Controlled Substances Act, or the Methamphetamine Control

 

 

HB2430- 28 -LRB102 12718 LNS 18057 b

1    and Community Protection Act, $100 reimbursement for
2    laboratory analysis, as set forth in subsection (f) of
3    Section 5-9-1.4 of the Unified Code of Corrections;
4        (4) DNA analysis, $250 on each conviction in which it
5    was used to the State Treasurer for deposit into the State
6    Offender DNA Identification System Fund as set forth in
7    Section 5-4-3 of the Unified Code of Corrections;
8        (5) DUI analysis, $150 on each sentenced violation in
9    which it was used as set forth in subsection (f) of Section
10    5-9-1.9 of the Unified Code of Corrections;
11        (6) drug-related offense involving possession or
12    delivery of cannabis or possession or delivery of a
13    controlled substance, other than methamphetamine, as
14    defined in the Cannabis Control Act or the Illinois
15    Controlled Substances Act, an amount not less than the
16    full street value of the cannabis or controlled substance
17    seized for each conviction to be disbursed as follows:
18            (A) 12.5% of the street value assessment shall be
19        paid into the Youth Drug Abuse Prevention Fund, to be
20        used by the Department of Human Services for the
21        funding of programs and services for drug-abuse
22        treatment, and prevention and education services;
23            (B) 37.5% to the county in which the charge was
24        prosecuted, to be deposited into the county General
25        Fund;
26            (C) 50% to the treasurer of the arresting law

 

 

HB2430- 29 -LRB102 12718 LNS 18057 b

1        enforcement agency of the municipality or county, or
2        to the State Treasurer if the arresting agency was a
3        state agency, to be deposited as provided for in
4        subsection (c) of Section 10-5;
5            (D) if the arrest was made in combination with
6        multiple law enforcement agencies, the clerk shall
7        equitably allocate the portion in subparagraph (C) of
8        this paragraph (6) among the law enforcement agencies
9        involved in the arrest;
10        (6.5) Kane County or Will County, in felony,
11    misdemeanor, local or county ordinance, traffic, or
12    conservation cases, up to $30 as set by the county board
13    under Section 5-1101.3 of the Counties Code upon the entry
14    of a judgment of conviction, an order of supervision, or a
15    sentence of probation without entry of judgment under
16    Section 10 of the Cannabis Control Act, Section 410 of the
17    Illinois Controlled Substances Act, Section 70 of the
18    Methamphetamine Control and Community Protection Act,
19    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
20    the Criminal Code of 1961 or the Criminal Code of 2012,
21    Section 10-102 of the Illinois Alcoholism and Other Drug
22    Dependency Act, or Section 10 of the Steroid Control Act;
23    except in local or county ordinance, traffic, and
24    conservation cases, if fines are paid in full without a
25    court appearance, then the assessment shall not be imposed
26    or collected. Distribution of assessments collected under

 

 

HB2430- 30 -LRB102 12718 LNS 18057 b

1    this paragraph (6.5) shall be as provided in Section
2    5-1101.3 of the Counties Code;
3        (7) methamphetamine-related offense involving
4    possession or delivery of methamphetamine or any salt of
5    an optical isomer of methamphetamine or possession of a
6    methamphetamine manufacturing material as set forth in
7    Section 10 of the Methamphetamine Control and Community
8    Protection Act with the intent to manufacture a substance
9    containing methamphetamine or salt of an optical isomer of
10    methamphetamine, an amount not less than the full street
11    value of the methamphetamine or salt of an optical isomer
12    of methamphetamine or methamphetamine manufacturing
13    materials seized for each conviction to be disbursed as
14    follows:
15            (A) 12.5% of the street value assessment shall be
16        paid into the Youth Drug Abuse Prevention Fund, to be
17        used by the Department of Human Services for the
18        funding of programs and services for drug-abuse
19        treatment, and prevention and education services;
20            (B) 37.5% to the county in which the charge was
21        prosecuted, to be deposited into the county General
22        Fund;
23            (C) 50% to the treasurer of the arresting law
24        enforcement agency of the municipality or county, or
25        to the State Treasurer if the arresting agency was a
26        state agency;

 

 

HB2430- 31 -LRB102 12718 LNS 18057 b

1            (D) if the arrest was made in combination with
2        multiple law enforcement agencies, the clerk shall
3        equitably allocate the portion in subparagraph (C) of
4        this paragraph (6) among the law enforcement agencies
5        involved in the arrest;
6        (8) order of protection violation under Section 12-3.4
7    of the Criminal Code of 2012, $200 for each conviction to
8    the county treasurer for deposit into the Probation and
9    Court Services Fund for implementation of a domestic
10    violence surveillance program and any other assessments or
11    fees imposed under Section 5-9-1.16 of the Unified Code of
12    Corrections;
13        (9) order of protection violation, $25 for each
14    violation to the State Treasurer, for deposit into the
15    Domestic Violence Abuser Services Fund;
16        (10) prosecution by the State's Attorney of a:
17            (A) petty or business offense, $4 to the county
18        treasurer of which $2 deposited into the State's
19        Attorney Records Automation Fund and $2 into the
20        Public Defender Records Automation Fund;
21            (B) conservation or traffic offense, $2 to the
22        county treasurer for deposit into the State's Attorney
23        Records Automation Fund;
24        (11) speeding in a construction zone violation, $250
25    to the State Treasurer for deposit into the Transportation
26    Safety Highway Hire-back Fund, unless (i) the violation

 

 

HB2430- 32 -LRB102 12718 LNS 18057 b

1    occurred on a highway other than an interstate highway and
2    (ii) a county police officer wrote the ticket for the
3    violation, in which case to the county treasurer for
4    deposit into that county's Transportation Safety Highway
5    Hire-back Fund;
6        (12) supervision disposition on an offense under the
7    Illinois Vehicle Code or similar provision of a local
8    ordinance, 50 cents, unless waived by the court, into the
9    Prisoner Review Board Vehicle and Equipment Fund;
10        (13) victim and offender are family or household
11    members as defined in Section 103 of the Illinois Domestic
12    Violence Act of 1986 and offender pleads guilty or no
13    contest to or is convicted of murder, voluntary
14    manslaughter, involuntary manslaughter, burglary,
15    residential burglary, criminal trespass to residence,
16    criminal trespass to vehicle, criminal trespass to land,
17    criminal damage to property, telephone harassment,
18    kidnapping, aggravated kidnaping, unlawful restraint,
19    forcible detention, child abduction, indecent solicitation
20    of a child, sexual relations between siblings,
21    exploitation of a child, child pornography, assault,
22    aggravated assault, battery, aggravated battery, heinous
23    battery, aggravated battery of a child, domestic battery,
24    reckless conduct, intimidation, criminal sexual assault,
25    predatory criminal sexual assault of a child, aggravated
26    criminal sexual assault, criminal sexual abuse, aggravated

 

 

HB2430- 33 -LRB102 12718 LNS 18057 b

1    criminal sexual abuse, violation of an order of
2    protection, disorderly conduct, endangering the life or
3    health of a child, child abandonment, contributing to
4    dependency or neglect of child, or cruelty to children and
5    others, $200 for each sentenced violation to the State
6    Treasurer for deposit as follows: (i) for sexual assault,
7    as defined in Section 5-9-1.7 of the Unified Code of
8    Corrections, when the offender and victim are family
9    members, one-half to the Domestic Violence Shelter and
10    Service Fund, and one-half to the Sexual Assault Services
11    Fund; (ii) for the remaining offenses to the Domestic
12    Violence Shelter and Service Fund;
13        (14) violation of Section 11-501 of the Illinois
14    Vehicle Code, Section 5-7 of the Snowmobile Registration
15    and Safety Act, Section 5-16 of the Boat Registration and
16    Safety Act, or a similar provision, whose operation of a
17    motor vehicle, snowmobile, or watercraft while in
18    violation of Section 11-501, Section 5-7 of the Snowmobile
19    Registration and Safety Act, Section 5-16 of the Boat
20    Registration and Safety Act, or a similar provision
21    proximately caused an incident resulting in an appropriate
22    emergency response, $1,000 maximum to the public agency
23    that provided an emergency response related to the
24    person's violation, and if more than one agency responded,
25    the amount payable to public agencies shall be shared
26    equally;

 

 

HB2430- 34 -LRB102 12718 LNS 18057 b

1        (15) violation of Section 401, 407, or 407.2 of the
2    Illinois Controlled Substances Act that proximately caused
3    any incident resulting in an appropriate drug-related
4    emergency response, $1,000 as reimbursement for the
5    emergency response to the law enforcement agency that made
6    the arrest, and if more than one agency is responsible for
7    the arrest, the amount payable to law enforcement agencies
8    shall be shared equally;
9        (16) violation of reckless driving, aggravated
10    reckless driving, or driving 26 miles per hour or more in
11    excess of the speed limit that triggered an emergency
12    response, $1,000 maximum reimbursement for the emergency
13    response to be distributed in its entirety to a public
14    agency that provided an emergency response related to the
15    person's violation, and if more than one agency responded,
16    the amount payable to public agencies shall be shared
17    equally;
18        (17) violation based upon each plea of guilty,
19    stipulation of facts, or finding of guilt resulting in a
20    judgment of conviction or order of supervision for an
21    offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of
22    the Criminal Code of 2012 that results in the imposition
23    of a fine, to be distributed as follows:
24            (A) $50 to the county treasurer for deposit into
25        the Circuit Court Clerk Operation and Administrative
26        Fund to cover the costs in administering this

 

 

HB2430- 35 -LRB102 12718 LNS 18057 b

1        paragraph (17);
2            (B) $300 to the State Treasurer who shall deposit
3        the portion as follows:
4                (i) if the arresting or investigating agency
5            is the Department of State Police, into the State
6            Police Law Enforcement Administration Fund;
7                (ii) if the arresting or investigating agency
8            is the Department of Natural Resources, into the
9            Conservation Police Operations Assistance Fund;
10                (iii) if the arresting or investigating agency
11            is the Secretary of State, into the Secretary of
12            State Police Services Fund;
13                (iv) if the arresting or investigating agency
14            is the Illinois Commerce Commission, into the
15            Transportation Regulatory Fund; or
16                (v) if more than one of the State agencies in
17            this subparagraph (B) is the arresting or
18            investigating agency, then equal shares with the
19            shares deposited as provided in the applicable
20            items (i) through (iv) of this subparagraph (B);
21            and
22            (C) the remainder for deposit into the Specialized
23        Services for Survivors of Human Trafficking Fund;
24        (18) weapons violation under Section 24-1.1, 24-1.2,
25    or 24-1.5 of the Criminal Code of 1961 or the Criminal Code
26    of 2012, $100 for each conviction to the State Treasurer

 

 

HB2430- 36 -LRB102 12718 LNS 18057 b

1    for deposit into the Trauma Center Fund; and
2        (19) violation of subsection (c) of Section 11-907 of
3    the Illinois Vehicle Code, $250 to the State Treasurer for
4    deposit into the Scott's Law Fund, unless a county or
5    municipal police officer wrote the ticket for the
6    violation, in which case to the county treasurer for
7    deposit into that county's or municipality's
8    Transportation Safety Highway Hire-back Fund to be used as
9    provided in subsection (j) of Section 11-907 of the
10    Illinois Vehicle Code.
11(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19;
12101-173, eff. 1-1-20; 101-636, eff. 6-10-20.)
 
13    Section 99. Effective date. This Act takes effect July 1,
142021.