HB3613 99TH GENERAL ASSEMBLY

LRB099 09674 RLC 29883 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3613

Introduced , by Rep. Donald L. Moffitt

SYNOPSIS AS INTRODUCED:

See Index

Amends the Illinois Finance Authority Act. Provides that the Illinois Finance Authority and the Illinois Law Enforcement Training Standards Board shall jointly administer a law enforcement vehicle revolving loan program. Provides that the program shall, in instances in which sufficient loan funds exist to permit applications to be accepted, provide zero-interest and low-interest loans for the purchase of law enforcement vehicles by a local governmental agency. Provides that the Authority shall make loans based on need and geographic equity, as determined by the Illinois Law Enforcement Training Standards Board. Provides that the loan funds, subject to appropriation, shall be paid out of the Law Enforcement Vehicle Revolving Loan Fund, a special fund created in the State Treasury. Amends the State Finance Act. Creates the Law Enforcement Vehicle Revolving Loan Fund in the State treasury. Amends the Unified Code of Corrections. Provides that in addition to any other penalty imposed, a fine of $50 shall be imposed upon a person convicted of certain offenses against a peace officer or related officers. Provides that the additional fine shall be assessed by the court imposing sentence and shall be collected by the Circuit Clerk in addition to the fine, if any, and costs in the case. Each additional fine shall be remitted by the Circuit Clerk within one month after receipt to the State Treasurer for deposit into the Law Enforcement Vehicle Revolving Loan Fund in the State treasury. The Circuit Clerk shall retain 10% of the fine to cover the costs incurred in administering and enforcing this Section. The additional fine may not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning law enforcement vehicles.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Finance Authority Act is amended by adding Section 825-86 as follows:

(20 ILCS 3501/825-86 new)

Sec. 825-86. Law enforcement vehicle revolving loan program.

(a) The Authority and the Illinois Law Enforcement Training Standards Board shall jointly administer a law enforcement vehicle revolving loan program. The program shall, in instances in which sufficient loan funds exist to permit applications to be accepted, provide zero-interest and low-interest loans for the purchase of law enforcement vehicles by a local governmental agency.

(b) For the purposes of this Section "local governmental agency" means any local governmental unit or municipal corporation in this State. It does not include the State of Illinois or any office, officer, department, division, bureau, board, commission, or agency of the State, except that it does include a State-controlled university, college, or public community college.

(c) The program shall provide loans at a 2% rate of simple interest per year for a vehicle that is both built and sold outside Illinois, a 1% rate of simple interest per year for a vehicle that is either built or sold in Illinois, or a 0% rate of interest for a vehicle if it is both built and sold in Illinois. The Authority shall make loans based on need and geographic equity, as determined by the Illinois Law Enforcement Training Standards Board.

(d) The loan funds, subject to appropriation, shall be paid out of the Law Enforcement Vehicle Revolving Loan Fund, a special fund in the State treasury. The Fund shall consist of any moneys transferred or appropriated into the Fund, as well as all repayments of loans made under the program and any balance existing in the Fund on the effective date of this amendatory Act of the 99th General Assembly. The Fund shall be used for loans to local governmental agencies and for no other purpose. All interest earned on moneys in the Fund shall be deposited into the Fund. All moneys deposited into the Law Enforcement Vehicle Revolving Loan Fund under this Section shall be paid by the Illinois Law Enforcement Training Standards Board to the Authority under the continuing appropriation provision of subsection (d-1) of this Section; provided that the Authority and the Illinois Law Enforcement Training Standards Board enter into an intergovernmental agreement to use the moneys transferred to the Authority from the Fund solely for the purposes for which the moneys would otherwise be used under this Section and to set forth procedures to otherwise administer the use of the moneys.

(d-1) There is appropriated, on a continuing annual basis in each fiscal year, from the Law Enforcement Vehicle Revolving Loan Fund, the amount, if any, of funds deposited into the Law Enforcement Vehicle Revolving Loan Fund to the Law Enforcement Training Standards Board for payment to the Authority for the purposes for which the moneys would otherwise be used under this Section.

(e) A loan for the purchase of a law enforcement vehicle may not exceed $100,000 to any local law enforcement agency. The repayment period for the loan may not exceed 10 years. The local governmental agency shall repay each year at least 5% of the principal amount borrowed or the remaining balance of the loan, whichever is less. All repayments of loans shall be deposited into the Law Enforcement Vehicle Revolving Loan Fund.

(f) The Authority and the Law Enforcement Training Standards Board may adopt rules in accordance with the Illinois Administrative Procedure Act to administer the program.

Section 10. The State Finance Act is amended by adding Section 5.866 as follows:

(30 ILCS 105/5.866 new)

Sec. 5.866. The Law Enforcement Vehicle Revolving Loan Fund.

Section 15. The Unified Code of Corrections is amended by adding Section 5-9-1.22 as follows:

(730 ILCS 5/5-9-1.22 new)

Sec. 5-9-1.22. Additional fines; offenses against peace officers.

(a) In addition to any other penalty imposed, a fine of $50 shall be imposed upon a person convicted of any of the following offenses against a peace officer:

(1) under the Illinois Vehicle Code:

(A) Section 11-204 (fleeing or attempting to elude a peace officer);

(B) Section 11-204.1 (aggravated fleeing or attempting to elude a peace officer);

(C) Section 11-401 (leaving the scene of an accident involving injuries or death);

(D) Section 11-402 (leaving the scene of an accident, vehicle damage);

(E) Section 11-403 (duty to give information and render aid);

(F) Section 11-404 (duty upon damaging unattended vehicle or other property);

(G) Section 11-406 (duty to report accident); or

(H) Section 11-601(a) (driving too fast for conditions).

(2) under the Criminal Code of 2012:

(A) Section 12-3.05 (a)(3) and (d)(4) (aggravated battery of a peace officer and related offenses);

(B) Section 12-3.05 (e)(2) and (e)(6) (aggravated battery, discharge of a firearm or machine gun at a peace officer and related offenses);

(C) Section 12-6.2 (aggravated intimidation);

(D) Section 12-9 (threatening public officials; human service provider);

(E) Section 17-2(b)(3) through (6) and (d) (false impersonation of a peace officer and related offenses);

(F) Section 31-1 (resisting or obstructing a peace officer, firefighter, or correctional institution employee);

(G) Section 31-1a (a) and (b) (disarming a peace officer or correctional institution employee);

(H) Section 31-4.5 (obstructing identification); or

(I) Section 31-8 (refusing to aid an officer).

(b) The additional fine shall be assessed by the court imposing sentence and shall be collected by the Circuit Clerk in addition to the fine, if any, and costs in the case. Each additional fine shall be remitted by the Circuit Clerk within one month after receipt to the State Treasurer for deposit into the Law Enforcement Vehicle Revolving Loan Fund in the State treasury. The Circuit Clerk shall retain 10% of the fine to cover the costs incurred in administering and enforcing this Section. The additional fine may not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing.