SB0766sam001 95TH GENERAL ASSEMBLY

Sen. David Koehler

Filed: 3/20/2007

09500SB0766sam001 LRB095 05415 RLC 33992 a

AMENDMENT TO SENATE BILL 766

AMENDMENT NO. ______. Amend Senate Bill 766 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Police Training Act is amended by changing Section 9 as follows:

(50 ILCS 705/9) (from Ch. 85, par. 509)

Sec. 9. A special fund is hereby established in the State Treasury to be known as "The Traffic and Criminal Conviction Surcharge Fund" and shall be financed as provided in Sections Section 9.1 of this Act and Section 5-9-1 of the "Unified Code of Corrections", unless the fines, costs or additional amounts imposed are subject to disbursement by the circuit clerk under Section 27.5 and 27.6 of the Clerks of Courts Act and subsection (c-9) of Section 5-9-1 of the Unified Code of Corrections. Moneys in this Fund shall be expended as follows:

(1) A portion of the total amount deposited in the Fund may be used, as appropriated by the General Assembly, for the ordinary and contingent expenses of the Illinois Law Enforcement Training Standards Board;

(2) A portion of the total amount deposited in the Fund shall be appropriated for the reimbursement of local governmental agencies participating in training programs certified by the Board, in an amount equaling 1/2 of the total sum paid by such agencies during the State's previous fiscal year for mandated training for probationary police officers or probationary county corrections officers and for optional advanced and specialized law enforcement or county corrections training. These reimbursements may include the costs for tuition at training schools, the salaries of trainees while in schools, and the necessary travel and room and board expenses for each trainee. If the appropriations under this paragraph (2) are not sufficient to fully reimburse the participating local governmental agencies, the available funds shall be apportioned among such agencies, with priority first given to repayment of the costs of mandatory training given to law enforcement officer or county corrections officer recruits, then to repayment of costs of advanced or specialized training for permanent police officers or permanent county corrections officers;

(3) A portion of the total amount deposited in the Fund may be used to fund the "Intergovernmental Law Enforcement Officer's In-Service Training Act", veto overridden October 29, 1981, as now or hereafter amended, at a rate and method to be determined by the board;

(4) A portion of the Fund also may be used by the Illinois Department of State Police for expenses incurred in the training of employees from any State, county or municipal agency whose function includes enforcement of criminal or traffic law;

(5) A portion of the Fund may be used by the Board to fund grant-in-aid programs and services for the training of employees from any county or municipal agency whose functions include corrections or the enforcement of criminal or traffic law.

(6) A portion of the Fund may be used by the Illinois Department of State Police for expenses incurred in the creation, administration, and maintenance of statewide law enforcement information systems including, but not limited to, the Illinois Citizen Law Enforcement Analysis and Reporting System (I-CLEAR) and the Law Enforcement Agencies Data System (LEADS).

All payments from The Traffic and Criminal Conviction Surcharge Fund shall be made each year from moneys appropriated for the purposes specified in this Section. No more than 50% of any appropriation under this Act shall be spent in any city having a population of more than 500,000. The State Comptroller and the State Treasurer shall from time to time, at the direction of the Governor, transfer from The Traffic and Criminal Conviction Surcharge Fund to the General Revenue Fund in the State Treasury such amounts as the Governor determines are in excess of the amounts required to meet the obligations of The Traffic and Criminal Conviction Surcharge Fund.

(Source: P.A. 88-586, eff. 8-12-94; 89-464, eff. 6-13-96.)

Section 10. The Clerks of Courts Act is amended by changing Sections 27.5 and 27.6 as follows:

(705 ILCS 105/27.5) (from Ch. 25, par. 27.5)

Sec. 27.5. (a) All fees, fines, costs, additional penalties, bail balances assessed or forfeited for traffic offenses defined as such by paragraph (c) of Supreme Court Rule 501 or for conservation offenses defined as such by paragraphs (a) and (b) of Supreme Court Rule 527, and any other amount paid by a person to the circuit clerk that equals an amount less than $55 or less, except restitution under Section 5-5-6 of the Unified Code of Corrections, reimbursement for the costs of an emergency response as provided under Section 11-501 of the Illinois Vehicle Code, any fees collected for attending a traffic safety program under paragraph (c) of Supreme Court Rule 529, any fee collected on behalf of a State's Attorney under Section 4-2002 of the Counties Code or a sheriff under Section 4-5001 of the Counties Code, or any cost imposed under Section 124A-5 of the Code of Criminal Procedure of 1963, for convictions, orders of supervision, or any other disposition for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a similar provision of a local ordinance, and any violation of the Child Passenger Protection Act, or a similar provision of a local ordinance, and except as provided in subsection (b) shall be disbursed within 60 days after receipt by the circuit clerk as follows: 47% shall be disbursed to the entity authorized by law to receive the fine imposed in the case; 15.4% 12% shall be disbursed to the State Treasurer; and 37.6% 41% shall be disbursed to the county's general corporate fund. Of the 15.4% 12% disbursed to the State Treasurer, 4/25 1/6 shall be deposited by the State Treasurer into the Violent Crime Victims Assistance Fund, 12.5/25 1/2 shall be deposited into the Traffic and Criminal Conviction Surcharge Fund, and 8.5/25 1/3 shall be deposited into the Drivers Education Fund. Of the 12.5/25 deposited into the Traffic and Criminal Conviction Surcharge Fund from the 15.4% disbursed to the State Treasurer, 1/5 shall be disbursed to the Department of State Police for expenses incurred in the creation, administration, and maintenance of statewide law enforcement information systems including, but not limited to, the Illinois Citizen Law Enforcement Analysis and Reporting System (I-CLEAR) and the Law Enforcement Agencies Data System (LEADS). For fiscal years 1992 and 1993, amounts deposited into the Violent Crime Victims Assistance Fund, the Traffic and Criminal Conviction Surcharge Fund, or the Drivers Education Fund shall not exceed 110% of the amounts deposited into those funds in fiscal year 1991. Any amount that exceeds the 110% limit shall be distributed as follows: 50% shall be disbursed to the county's general corporate fund and 50% shall be disbursed to the entity authorized by law to receive the fine imposed in the case. Not later than March 1 of each year the circuit clerk shall submit a report of the amount of funds remitted to the State Treasurer under this Section during the preceding year based upon independent verification of fines and fees. All counties shall be subject to this Section, except that counties with a population under 2,000,000 may, by ordinance, elect not to be subject to this Section. For offenses subject to this Section, judges shall impose one total sum of money payable for violations. The circuit clerk may add on no additional amounts except for amounts that are required by Sections 27.3a and 27.3c of this Act, unless those amounts are specifically waived by the judge. With respect to money collected by the circuit clerk as a result of forfeiture of bail, ex parte judgment or guilty plea pursuant to Supreme Court Rule 529, the circuit clerk shall first deduct and pay amounts required by Sections 27.3a and 27.3c of this Act. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

(1) All additional fees, costs, penalties, fines assessed or forfeited for traffic or conservation offense convictions, and any other amount paid by a person to the circuit clerk shall be assessed and disbursed within 60 days after receipt by the circuit clerk as follows: Applicable amounts set forth and applicable in the following: 705 ILCS 105/27.1a(w)(1)(A), 705 ILCS 105/27.2(w)(1)(A), 705 ILCS 105/27.2a(w)(1)(A), Felony complaint filed; 55 ILCS 5/4-2002(a), 55 ILCS 5/4-2002.1(a), Felony complaint conviction; 55 ILCS 5/4-2002(a),55 ILCS 5/4-2002.1(a), Preliminary Hearing; 55 ILCS 5/4-2002(b), 55 ILCS 5/4-2002.1(b), Misdemeanor complaint conviction; 705 ILCS 105/27.1a(w)(2)(B), 705 ILCS 105/27.2(w)(2)(B), 705 ILCS 27.2a(w)(2)(B), Quasi-criminal complaint conviction; 55 ILCS 5/4-2002(b), 55 ILCS 5/4-2002.1(b), Quasi-criminal complaint conviction; 725 ILCS 240/10(c)(1) or (2), Violent Crime Victim Assistance; 725 ILCS 240/10(b), Violent Crime Victim Assistance; 55 ILCS 5/5-1103, Court Services; 625 ILCS 5/11-501(c-4); 730 ILCS 5/5-9-1(a)(2), DUI Fine; 625 ILCS 5/11-501(1), DUI First offense; 625 ILCS 5/11-501(j), DUI subsequent offense; 730 ILCS 5/5-9-1.9, Crime Lab DUI Analysis; 730 ILCS 5/5-9-1(c-5), Trauma Fund; 730 ILCS 5/5-9-1(c-7), Trauma Fund Spinal Cord; 730 ILCS 5/5-5-3(b)(8), Emergency Response Restitution; 730 ILCS 5/5-9-1.6, Domestic Battery; 730 ILCS 5/5-9-1.5, Domestic Violence; 730 ILCS 5/5-9-1.11(a), Protection Order Violation; 720 ILCS 570/401 or 402, Controlled Substance Fine; 720 ILCS 570/411.2(i), Assessment Controlled Substance; 720 ILCS 550/10.3, Assessment Cannabis; 730 ILCS 5/5-9-1.4(b), Crime Lab Drug Analysis; 730 ILCS 5/5-9-1.1(b), Trauma Fund; 730 ILCS 5/5-9-1.1(c), Trauma Fund Spinal Cord; 730 ILCS 5/5-5-3(h), Intravenous Transmitted Disease Testing; 730 ILCS 5/5-9-1.7(b)(1), Sexual Assault Fine; 730 ILCS 5/5-5-3(g), Sexually Transmitted Disease Testing Reimbursement; 730 ILCS 5-5-6(g), Victim Counseling Services Reimbursement; 730 ILCS 5/5-9-1.10, Trauma Fund; 730 ILCS 5/5-9-1.12, Arson Fine; 705 ILCS 105/27.1a(w)(1)(J), 705 ILCS 105/27.2(w)(1)(J), 705 ILCS 105/27.2a(w)(1)(J), Vacate Bond Forfeiture Judgment; 705 ILCS 105/27.1a(w)(1)(H), 705 ILCS 105/27.2(w)(1)(H), 705 ILCS 105/27.2a(w)(1)(H), Vacate Bond Forfeiture Orders; 55 ILCS 5/1-2002(a), 55 ILCS 5/1-2002.1(a), Vacate Bond Forfeiture Recognizance; 55 ILCS 5/6-2002(a), 55 ILCS 5/6-2002.1(a), Trial Fees; 725 ILCS 5/113-3.1, Attorney Appointment; 730 ILCS 5/5-6-3.1(c)(12), Anti-crime Program Reimbursement; 730 ILCS 5/5-6.3.1(c)(13), Anti-crime Program Contribution; Others as ordered by the court.

Not later than March 1 of each year the circuit clerk shall submit a report of the amount of funds remitted to the State Treasurer under this Section during the preceding year based upon independent verification of fines and fees. All counties shall be subject to this Section. For offenses subject to this Section, judges shall impose one total sum of money payable for violations. The circuit clerk may add on no additional amounts except for amounts that are required by Sections 27.3a and 27.3c of this Act, unless those amounts are specifically waived by the judge. With respect to money collected by the circuit clerk as a result of forfeiture of bail, ex parte judgment or guilty plea pursuant to Supreme Court Rule 529, the circuit clerk shall first deduct and pay amounts required by Sections 27.3a and 27.3c of this Act. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

(b) The following amounts must be remitted to the State Treasurer for deposit into the Illinois Animal Abuse Fund:

(1) 50% of the amounts collected for felony offenses under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, 5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for Animals Act and Section 26-5 of the Criminal Code of 1961;

(2) 20% of the amounts collected for Class A and Class B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, 5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care for Animals Act and Section 26-5 of the Criminal Code of 1961; and

(3) 50% of the amounts collected for Class C misdemeanors under Sections 4.01 and 7.1 of the Humane Care for Animals Act and Section 26-5 of the Criminal Code of 1961.

(c) Any person who receives a disposition of court supervision for a violation of the Illinois Vehicle Code shall, in addition to any other fines, fees, and court costs, pay an additional fee of $20, to be disbursed as provided in Section 16-104c of the Illinois Vehicle Code. In addition to the fee of $20, the person shall also pay a fee of $5, if not waived by the court. If this $5 fee is collected, $4.50 of the fee shall be deposited into the Circuit Court Clerk Operation and Administrative Fund created by the Clerk of the Circuit Court and 50 cents of the fee shall be deposited into the Prisoner Review Board Vehicle and Equipment Fund in the State treasury.

(Source: P.A. 93-800, eff. 1-1-05; 94-1009, eff. 1-1-07.)

(705 ILCS 105/27.6)

Sec. 27.6. (a) All fees, fines, costs, additional penalties, bail balances assessed or forfeited for traffic offenses defined as such by paragraph (c) of Supreme Court Rule 501 or for conservation offenses defined as such by paragraphs (a) and (b) of Supreme Court Rule 527, and any other amount paid by a person to the circuit clerk equalling an amount of $55 or more than $55, except the additional fee required by subsections (b) and (c), restitution under Section 5-5-6 of the Unified Code of Corrections, reimbursement for the costs of an emergency response as provided under Section 11-501 of the Illinois Vehicle Code, any fees collected for attending a traffic safety program under paragraph (c) of Supreme Court Rule 529, any fee collected on behalf of a State's Attorney under Section 4-2002 of the Counties Code or a sheriff under Section 4-5001 of the Counties Code, or any cost imposed under Section 124A-5 of the Code of Criminal Procedure of 1963, for convictions, orders of supervision, or any other disposition for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a similar provision of a local ordinance, and any violation of the Child Passenger Protection Act, or a similar provision of a local ordinance, and except as provided in subsection (d) shall be disbursed within 60 days after receipt by the circuit clerk as follows: 44.5% shall be disbursed to the entity authorized by law to receive the fine imposed in the case; 33.8% 16.825% shall be disbursed to the State Treasurer; and 21.7% 38.675% shall be disbursed to the county's general corporate fund. Of the 33.8% 16.825% disbursed to the State Treasurer, 4/33 2/17 shall be deposited by the State Treasurer into the Violent Crime Victims Assistance Fund, 10/33 5.052/17 shall be deposited into the Traffic and Criminal Conviction Surcharge Fund, 5.5/33 3/17 shall be deposited into the Drivers Education Fund, and 13.5/33 6.948/17 shall be deposited into the Trauma Center Fund. Of the 13.5/33 6.948/17 deposited into the Trauma Center Fund from the 33.8% 16.825% disbursed to the State Treasurer, 50% shall be disbursed to the Department of Public Health and 50% shall be disbursed to the Department of Healthcare and Family Services. Of the 10/33 deposited into the Traffic and Criminal Conviction Surcharge Fund from the 33.8% disbursed to the State Treasurer, 1/5 shall be disbursed to the Department of State Police for expenses incurred in the creation, administration, and maintenance of statewide law enforcement information systems including, but not limited to, the Illinois Citizen Law Enforcement Analysis and Reporting System (I-CLEAR) and the Law Enforcement Agencies Data System (LEADS). For fiscal year 1993, amounts deposited into the Violent Crime Victims Assistance Fund, the Traffic and Criminal Conviction Surcharge Fund, or the Drivers Education Fund shall not exceed 110% of the amounts deposited into those funds in fiscal year 1991. Any amount that exceeds the 110% limit shall be distributed as follows: 50% shall be disbursed to the county's general corporate fund and 50% shall be disbursed to the entity authorized by law to receive the fine imposed in the case. Not later than March 1 of each year the circuit clerk shall submit a report of the amount of funds remitted to the State Treasurer under this Section during the preceding year based upon independent verification of fines and fees. All counties shall be subject to this Section, except that counties with a population under 2,000,000 may, by ordinance, elect not to be subject to this Section. For offenses subject to this Section, judges shall impose one total sum of money payable for violations. The circuit clerk may add on no additional amounts except for amounts that are required by Sections 27.3a and 27.3c of this Act, unless those amounts are specifically waived by the judge. With respect to money collected by the circuit clerk as a result of forfeiture of bail, ex parte judgment or guilty plea pursuant to Supreme Court Rule 529, the circuit clerk shall first deduct and pay amounts required by Sections 27.3a and 27.3c of this Act. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

All additional fees, costs, penalties, fines assessed or forfeited for traffic offense convictions, and any other amount paid by a person to the circuit clerk shall be assessed and disbursed within 60 days after receipt by the circuit clerk as follows: Applicable amounts set forth and applicable in the following: 705 ILCS 105/27.1a(w)(1)(A), 705 ILCS 105/27.2(w)(1)(A), 705 ILCS 105/27.2a(w)(1)(A), Felony complaint filed; 55 ILCS 5/4-2002(a), 55 ILCS 5/4-2002.1(a), Felony complaint conviction; 55 ILCS 5/4-2002(a), 55 ILCS 5/4-2002.1(a), Preliminary Hearing; 55 ILCS 5/4-2002(b), 55 ILCS 5/4-2002.1(b), Misdemeanor complaint conviction; 705 ILCS 27.1a(w)(2)(B), 705 ILCS 27.2(w)(2)(B), 705 ILCS 27.2a(w)(2)(B), Quasi-criminal complaint conviction; 55 ILCS 5/4-2002(b), 55 ILCS 5/4-2002.1(b), Quasi-criminal complaint conviction; 725 ILCS 240/10(c)(1) or (2), Violent Crime Victim Assistance; 725 ILCS 240/10(b), Violent Crime Victim Assistance; 55 ILCS 5/5-1103, Court Services; 625 ILCS 5/11-501(c-4); 730 ILCS 5/5-9-1(a)(2), DUI Fine; 625 ILCS 5/11-501(1), DUI First offense; 625 ILCS 5/11-501(j), DUI subsequent offense; 730 ILCS 5/5-9-1.9, Crime Lab DUI Analysis; 730 ILCS 5/5-9-1(c-5), Trauma Fund; 730 ILCS 5/5-9-1(c-7), Trauma Fund Spinal Cord; 730 ILCS 5/5-5-3(b)(8), Emergency Response Restitution; 730 ILCS 5/5-9-1.6, Domestic Battery; 730 ILCS 5/5-9-1.5, Domestic Violence; 730 ILCS 5/5-9-1.11(a), Protection Order Violation; 720 ILCS 570/401 or 402, Controlled Substance Fine; 720 ILCS 570/411.2(i), Assessment Controlled Substance; 720 ILCS 550/10.3, Assessment Cannabis; 730 ILCS 5/5-9-1.4(b), Crime Lab Drug Analysis; 730 ILCS 5/5-9-1.1(b), Trauma Fund; 730 ILCS 5/5-9-1.1(c), Trauma Fund Spinal Cord; 730 ILCS 5/5-5-3(h), Intravenous Transmitted Disease Testing; 730 ILCS 5/5-9-1.7(b)(1), Sexual Assault Fine; 730 ILCS 5/5-5-3(g), Sexually Transmitted Disease Testing Reimbursement; 730 ILCS 5-5-6(g), Victim Counseling Services Reimbursement; 730 ILCS 5/5-9-1.10, Trauma Fund; 730 ILCS 5/5-9-1.12, Arson Fine; 705 ILCS 105/27.1a(w)(1)(J), 705 ILCS 105/27.2(w)(1)(J), 705 ILCS 105/27.2a(w)(1)(J), Vacate Bond Forfeiture Judgment; 705 ILCS 105/27.1a(w)(1)(H), 705 ILCS 105/27.2(w)(1)(H), 705 ILCS 105/27.2a(w)(1)(H), Vacate Bond Forfeiture Orders; 55 ILCS 5/1-2002(a), 55 ILCS 5/1-2002.1(a), Vacate Bond Forfeiture Recognizance; 55 ILCS 5/6-2002(a), 55 ILCS 5/6-2002.1(a), Trial Fees; 725 ILCS 5/113-3.1, Attorney Appointment; 730 ILCS 5/5-6-3.1(c)(12), Anti-crime Program Reimbursement; 730 ILCS 5/5-6.3.1(c)(13), Anti-crime Program Contribution; Others as ordered by the court.

Not later than March 1 of each year the circuit clerk shall submit a report of the amount of funds remitted to the State Treasurer under this Section during the preceding year based upon independent verification of fines and fees. All counties shall be subject to this Section. For offenses subject to this Section, judges shall impose one total sum of money payable for violations. The circuit clerk may add on no additional amounts except for amounts that are required by Sections 27.3a and 27.3c of this Act, unless those amounts are specifically waived by the judge. With respect to money collected by the circuit clerk as a result of forfeiture of bail, ex parte judgment or guilty plea pursuant to Supreme Court Rule 529, the circuit clerk shall first deduct and pay amounts required by Sections 27.3a and 27.3c of this Act. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

(b) In addition to any other fines and court costs assessed by the courts, any person convicted or receiving an order of supervision for driving under the influence of alcohol or drugs shall pay an additional fee of $100 to the clerk of the circuit court. This amount, less 2 1/2% that shall be used to defray administrative costs incurred by the clerk, shall be remitted by the clerk to the Treasurer within 60 days after receipt for deposit into the Trauma Center Fund. This additional fee of $100 shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing. Not later than March 1 of each year the Circuit Clerk shall submit a report of the amount of funds remitted to the State Treasurer under this subsection during the preceding calendar year.

(b-1) In addition to any other fines and court costs assessed by the courts, any person convicted or receiving an order of supervision for driving under the influence of alcohol or drugs shall pay an additional fee of $5 to the clerk of the circuit court. This amount, less 2 1/2% that shall be used to defray administrative costs incurred by the clerk, shall be remitted by the clerk to the Treasurer within 60 days after receipt for deposit into the Spinal Cord Injury Paralysis Cure Research Trust Fund. This additional fee of $5 shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing. Not later than March 1 of each year the Circuit Clerk shall submit a report of the amount of funds remitted to the State Treasurer under this subsection during the preceding calendar year.

(c) In addition to any other fines and court costs assessed by the courts, any person convicted for a violation of Sections 24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or a person sentenced for a violation of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act shall pay an additional fee of $100 to the clerk of the circuit court. This amount, less 2 1/2% that shall be used to defray administrative costs incurred by the clerk, shall be remitted by the clerk to the Treasurer within 60 days after receipt for deposit into the Trauma Center Fund. This additional fee of $100 shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing. Not later than March 1 of each year the Circuit Clerk shall submit a report of the amount of funds remitted to the State Treasurer under this subsection during the preceding calendar year.

(c-1) In addition to any other fines and court costs assessed by the courts, any person sentenced for a violation of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act shall pay an additional fee of $5 to the clerk of the circuit court. This amount, less 2 1/2% that shall be used to defray administrative costs incurred by the clerk, shall be remitted by the clerk to the Treasurer within 60 days after receipt for deposit into the Spinal Cord Injury Paralysis Cure Research Trust Fund. This additional fee of $5 shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing. Not later than March 1 of each year the Circuit Clerk shall submit a report of the amount of funds remitted to the State Treasurer under this subsection during the preceding calendar year.

(d) The following amounts must be remitted to the State Treasurer for deposit into the Illinois Animal Abuse Fund:

(1) 50% of the amounts collected for felony offenses under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, 5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for Animals Act and Section 26-5 of the Criminal Code of 1961;

(2) 20% of the amounts collected for Class A and Class B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, 5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care for Animals Act and Section 26-5 of the Criminal Code of 1961; and

(3) 50% of the amounts collected for Class C misdemeanors under Sections 4.01 and 7.1 of the Humane Care for Animals Act and Section 26-5 of the Criminal Code of 1961.

(e) Any person who receives a disposition of court supervision for a violation of the Illinois Vehicle Code shall, in addition to any other fines, fees, and court costs, pay an additional fee of $20, to be disbursed as provided in Section 16-104c of the Illinois Vehicle Code. In addition to the fee of $20, the person shall also pay a fee of $5, if not waived by the court. If this $5 fee is collected, $4.50 of the fee shall be deposited into the Circuit Court Clerk Operation and Administrative Fund created by the Clerk of the Circuit Court and 50 cents of the fee shall be deposited into the Prisoner Review Board Vehicle and Equipment Fund in the State treasury.

(Source: P.A. 93-800, eff. 1-1-05; 94-556, eff. 9-11-05; 94-1009, eff. 1-1-07.)

Section 15. The Unified Code of Corrections is amended by changing Section 5-9-1 as follows:

(730 ILCS 5/5-9-1) (from Ch. 38, par. 1005-9-1)

Sec. 5-9-1. Authorized fines.

(a) An offender may be sentenced to pay a fine which shall not exceed for each offense:

(1) for a felony, $25,000 or the amount specified in the offense, whichever is greater, or where the offender is a corporation, $50,000 or the amount specified in the offense, whichever is greater;

(2) for a Class A misdemeanor, $2,500 or the amount specified in the offense, whichever is greater;

(3) for a Class B or Class C misdemeanor, $1,500;

(4) for a petty offense, $1,000 or the amount specified in the offense, whichever is less;

(5) for a business offense, the amount specified in the statute defining that offense.

(b) A fine may be imposed in addition to a sentence of conditional discharge, probation, periodic imprisonment, or imprisonment.

(c) There shall be added to every fine imposed in sentencing for a criminal or traffic offense, except an offense relating to parking or registration, or offense by a pedestrian, an additional penalty of $10 for each $40, or fraction thereof, of fine imposed. The additional penalty of $10 for each $40, or fraction thereof, of fine imposed, if not otherwise assessed, shall also be added to every fine imposed upon a plea of guilty, stipulation of facts or findings of guilty, resulting in a judgment of conviction, or order of supervision in criminal, traffic, local ordinance, or county ordinance, and conservation cases (except parking, registration, or pedestrian violations), or upon a sentence of probation without entry of judgment under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act.

Such additional amounts shall be assessed by the court imposing the fine and shall be collected by the Circuit Clerk in addition to the fine and costs in the case. Each such additional penalty shall be remitted by the Circuit Clerk within one month after receipt to the State Treasurer. The State Treasurer shall deposit $1 for each $40, or fraction thereof, of fine imposed into the LEADS Maintenance Fund. The State Treasurer shall deposit $1 for each $40, or fraction thereof, of fine imposed into the Law Enforcement Camera Grant Fund. The remaining surcharge amount shall be deposited into the Traffic and Criminal Conviction Surcharge Fund, unless the fine, costs or additional amounts are subject to disbursement by the circuit clerk under Section 27.5 of the Clerks of Courts Act. Such additional penalty shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing. Not later than March 1 of each year the Circuit Clerk shall submit a report of the amount of funds remitted to the State Treasurer under this subsection (c) during the preceding calendar year. Except as otherwise provided by Supreme Court Rules, if a court in imposing a fine against an offender levies a gross amount for fine, costs, fees and penalties, the amount of the additional penalty provided for herein shall be computed on the amount remaining after deducting from the gross amount levied all fees of the Circuit Clerk, the State's Attorney and the Sheriff. After deducting from the gross amount levied the fees and additional penalty provided for herein, less any other additional penalties provided by law, the clerk shall remit the net balance remaining to the entity authorized by law to receive the fine imposed in the case. For purposes of this Section "fees of the Circuit Clerk" shall include, if applicable, the fee provided for under Section 27.3a of the Clerks of Courts Act and the fee, if applicable, payable to the county in which the violation occurred pursuant to Section 5-1101 of the Counties Code.

(c-5) In addition to the fines imposed by subsection (c), any person convicted or receiving an order of supervision for driving under the influence of alcohol or drugs shall pay an additional $100 fee to the clerk. This additional fee, less 2 1/2% that shall be used to defray administrative costs incurred by the clerk, shall be remitted by the clerk to the Treasurer within 60 days after receipt for deposit into the Trauma Center Fund. This additional fee of $100 shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing. Not later than March 1 of each year the Circuit Clerk shall submit a report of the amount of funds remitted to the State Treasurer under this subsection (c-5) during the preceding calendar year.

The Circuit Clerk may accept payment of fines and costs by credit card from an offender who has been convicted of a traffic offense, petty offense or misdemeanor and may charge the service fee permitted where fines and costs are paid by credit card provided for in Section 27.3b of the Clerks of Courts Act.

(c-7) In addition to the fines imposed by subsection (c), any person convicted or receiving an order of supervision for driving under the influence of alcohol or drugs shall pay an additional $5 fee to the clerk. This additional fee, less 2 1/2% that shall be used to defray administrative costs incurred by the clerk, shall be remitted by the clerk to the Treasurer within 60 days after receipt for deposit into the Spinal Cord Injury Paralysis Cure Research Trust Fund. This additional fee of $5 shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing. Not later than March 1 of each year the Circuit Clerk shall submit a report of the amount of funds remitted to the State Treasurer under this subsection (c-7) during the preceding calendar year.

(c-9) (Blank).

(d) In determining the amount and method of payment of a fine, except for those fines established for violations of Chapter 15 of the Illinois Vehicle Code, the court shall consider:

(1) the financial resources and future ability of the offender to pay the fine; and

(2) whether the fine will prevent the offender from making court ordered restitution or reparation to the victim of the offense; and

(3) in a case where the accused is a dissolved corporation and the court has appointed counsel to represent the corporation, the costs incurred either by the county or the State for such representation.

(e) The court may order the fine to be paid forthwith or within a specified period of time or in installments.

(f) All fines, costs and additional amounts imposed under this Section for any violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code, or a similar provision of a local ordinance, and any violation of the Child Passenger Protection Act, or a similar provision of a local ordinance, shall be collected and disbursed by the circuit clerk as provided under Section 27.5 of the Clerks of Courts Act.

(Source: P.A. 93-32, eff. 6-20-03; 94-556, eff. 9-11-05; 94-652, eff. 8-22-05; 94-987, eff. 6-30-06.)

Section 99. Effective date. This Act takes effect upon becoming law.".