Illinois General Assembly - Full Text of SB0503
Illinois General Assembly

Previous General Assemblies

Full Text of SB0503  98th General Assembly

SB0503sam001 98TH GENERAL ASSEMBLY

Sen. Kwame Raoul

Filed: 3/21/2014

 

 


 

 


 
09800SB0503sam001LRB098 04696 MRW 57018 a

1
AMENDMENT TO SENATE BILL 503

2    AMENDMENT NO. ______. Amend Senate Bill 503 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Criminal Justice Information Act
5is amended by changing Section 7.5 as follows:
 
6    (20 ILCS 3930/7.5)
7    Sec. 7.5. Grants for electronic recording equipment.
8    (a) The Authority, from appropriations made to it for that
9purpose, shall make grants to qualified local law enforcement
10agencies and State law enforcement agencies for the purpose of
11purchasing equipment for electronic recording of
12interrogations. For the purposes of this Section, a qualified
13local law enforcement agency is an agency located within a
14county in which the county is subject to subsection (n) of
15Section 27.6 of the Clerks of Court Act.
16    (b) The Authority shall adopt promulgate rules to implement

 

 

09800SB0503sam001- 2 -LRB098 04696 MRW 57018 a

1this Section.
2(Source: P.A. 93-206, eff. 7-18-03; 93-517, eff. 8-6-03.)
 
3    Section 10. The Clerks of Courts Act is amended by changing
4Section 27.6 as follows:
 
5    (705 ILCS 105/27.6)
6    (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625,
796-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, and
897-1150)
9    Sec. 27.6. (a) All fees, fines, costs, additional
10penalties, bail balances assessed or forfeited, and any other
11amount paid by a person to the circuit clerk equalling an
12amount of $55 or more, except the fine imposed by Section
135-9-1.15 of the Unified Code of Corrections, the additional fee
14required by subsections (b) and (c), restitution under Section
155-5-6 of the Unified Code of Corrections, contributions to a
16local anti-crime program ordered pursuant to Section
175-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
18Corrections, reimbursement for the costs of an emergency
19response as provided under Section 11-501 of the Illinois
20Vehicle Code, any fees collected for attending a traffic safety
21program under paragraph (c) of Supreme Court Rule 529, any fee
22collected on behalf of a State's Attorney under Section 4-2002
23of the Counties Code or a sheriff under Section 4-5001 of the
24Counties Code, or any cost imposed under Section 124A-5 of the

 

 

09800SB0503sam001- 3 -LRB098 04696 MRW 57018 a

1Code of Criminal Procedure of 1963, for convictions, orders of
2supervision, or any other disposition for a violation of
3Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
4similar provision of a local ordinance, and any violation of
5the Child Passenger Protection Act, or a similar provision of a
6local ordinance, and except as otherwise provided in this
7Section shall be disbursed within 60 days after receipt by the
8circuit clerk as follows: 44.5% shall be disbursed to the
9entity authorized by law to receive the fine imposed in the
10case; 16.825% shall be disbursed to the State Treasurer; and
1138.675% shall be disbursed to the county's general corporate
12fund. Of the 16.825% disbursed to the State Treasurer, 2/17
13shall be deposited by the State Treasurer into the Violent
14Crime Victims Assistance Fund, 5.052/17 shall be deposited into
15the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
16be deposited into the Drivers Education Fund, and 6.948/17
17shall be deposited into the Trauma Center Fund. Of the 6.948/17
18deposited into the Trauma Center Fund from the 16.825%
19disbursed to the State Treasurer, 50% shall be disbursed to the
20Department of Public Health and 50% shall be disbursed to the
21Department of Healthcare and Family Services. For fiscal year
221993, amounts deposited into the Violent Crime Victims
23Assistance Fund, the Traffic and Criminal Conviction Surcharge
24Fund, or the Drivers Education Fund shall not exceed 110% of
25the amounts deposited into those funds in fiscal year 1991. Any
26amount that exceeds the 110% limit shall be distributed as

 

 

09800SB0503sam001- 4 -LRB098 04696 MRW 57018 a

1follows: 50% shall be disbursed to the county's general
2corporate fund and 50% shall be disbursed to the entity
3authorized by law to receive the fine imposed in the case. Not
4later than March 1 of each year the circuit clerk shall submit
5a report of the amount of funds remitted to the State Treasurer
6under this Section during the preceding year based upon
7independent verification of fines and fees. All counties shall
8be subject to this Section, except that counties with a
9population under 2,000,000 may, by ordinance, elect not to be
10subject to this Section. For offenses subject to this Section,
11judges shall impose one total sum of money payable for
12violations. The circuit clerk may add on no additional amounts
13except for amounts that are required by Sections 27.3a and
1427.3c of this Act, unless those amounts are specifically waived
15by the judge. With respect to money collected by the circuit
16clerk as a result of forfeiture of bail, ex parte judgment or
17guilty plea pursuant to Supreme Court Rule 529, the circuit
18clerk shall first deduct and pay amounts required by Sections
1927.3a and 27.3c of this Act. This Section is a denial and
20limitation of home rule powers and functions under subsection
21(h) of Section 6 of Article VII of the Illinois Constitution.
22    (b) In addition to any other fines and court costs assessed
23by the courts, any person convicted or receiving an order of
24supervision for driving under the influence of alcohol or drugs
25shall pay an additional fee of $100 to the clerk of the circuit
26court. This amount, less 2 1/2% that shall be used to defray

 

 

09800SB0503sam001- 5 -LRB098 04696 MRW 57018 a

1administrative costs incurred by the clerk, shall be remitted
2by the clerk to the Treasurer within 60 days after receipt for
3deposit into the Trauma Center Fund. This additional fee of
4$100 shall not be considered a part of the fine for purposes of
5any reduction in the fine for time served either before or
6after sentencing. Not later than March 1 of each year the
7Circuit Clerk shall submit a report of the amount of funds
8remitted to the State Treasurer under this subsection during
9the preceding calendar year.
10    (b-1) In addition to any other fines and court costs
11assessed by the courts, any person convicted or receiving an
12order of supervision for driving under the influence of alcohol
13or drugs shall pay an additional fee of $5 to the clerk of the
14circuit court. This amount, less 2 1/2% that shall be used to
15defray administrative costs incurred by the clerk, shall be
16remitted by the clerk to the Treasurer within 60 days after
17receipt for deposit into the Spinal Cord Injury Paralysis Cure
18Research Trust Fund. This additional fee of $5 shall not be
19considered a part of the fine for purposes of any reduction in
20the fine for time served either before or after sentencing. Not
21later than March 1 of each year the Circuit Clerk shall submit
22a report of the amount of funds remitted to the State Treasurer
23under this subsection during the preceding calendar year.
24    (c) In addition to any other fines and court costs assessed
25by the courts, any person convicted for a violation of Sections
2624-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or the

 

 

09800SB0503sam001- 6 -LRB098 04696 MRW 57018 a

1Criminal Code of 2012 or a person sentenced for a violation of
2the Cannabis Control Act, the Illinois Controlled Substances
3Act, or the Methamphetamine Control and Community Protection
4Act shall pay an additional fee of $100 to the clerk of the
5circuit court. This amount, less 2 1/2% that shall be used to
6defray administrative costs incurred by the clerk, shall be
7remitted by the clerk to the Treasurer within 60 days after
8receipt for deposit into the Trauma Center Fund. This
9additional fee of $100 shall not be considered a part of the
10fine for purposes of any reduction in the fine for time served
11either before or after sentencing. Not later than March 1 of
12each year the Circuit Clerk shall submit a report of the amount
13of funds remitted to the State Treasurer under this subsection
14during the preceding calendar year.
15    (c-1) In addition to any other fines and court costs
16assessed by the courts, any person sentenced for a violation of
17the Cannabis Control Act, the Illinois Controlled Substances
18Act, or the Methamphetamine Control and Community Protection
19Act shall pay an additional fee of $5 to the clerk of the
20circuit court. This amount, less 2 1/2% that shall be used to
21defray administrative costs incurred by the clerk, shall be
22remitted by the clerk to the Treasurer within 60 days after
23receipt for deposit into the Spinal Cord Injury Paralysis Cure
24Research Trust Fund. This additional fee of $5 shall not be
25considered a part of the fine for purposes of any reduction in
26the fine for time served either before or after sentencing. Not

 

 

09800SB0503sam001- 7 -LRB098 04696 MRW 57018 a

1later than March 1 of each year the Circuit Clerk shall submit
2a report of the amount of funds remitted to the State Treasurer
3under this subsection during the preceding calendar year.
4    (d) The following amounts must be remitted to the State
5Treasurer for deposit into the Illinois Animal Abuse Fund:
6        (1) 50% of the amounts collected for felony offenses
7    under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
8    5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
9    Animals Act and Section 26-5 or 48-1 of the Criminal Code
10    of 1961 or the Criminal Code of 2012;
11        (2) 20% of the amounts collected for Class A and Class
12    B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
13    5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
14    for Animals Act and Section 26-5 or 48-1 of the Criminal
15    Code of 1961 or the Criminal Code of 2012; and
16        (3) 50% of the amounts collected for Class C
17    misdemeanors under Sections 4.01 and 7.1 of the Humane Care
18    for Animals Act and Section 26-5 or 48-1 of the Criminal
19    Code of 1961 or the Criminal Code of 2012.
20    (e) Any person who receives a disposition of court
21supervision for a violation of the Illinois Vehicle Code or a
22similar provision of a local ordinance shall, in addition to
23any other fines, fees, and court costs, pay an additional fee
24of $29, to be disbursed as provided in Section 16-104c of the
25Illinois Vehicle Code. In addition to the fee of $29, the
26person shall also pay a fee of $6, if not waived by the court.

 

 

09800SB0503sam001- 8 -LRB098 04696 MRW 57018 a

1If this $6 fee is collected, $5.50 of the fee shall be
2deposited into the Circuit Court Clerk Operation and
3Administrative Fund created by the Clerk of the Circuit Court
4and 50 cents of the fee shall be deposited into the Prisoner
5Review Board Vehicle and Equipment Fund in the State treasury.
6    (f) This Section does not apply to the additional child
7pornography fines assessed and collected under Section
85-9-1.14 of the Unified Code of Corrections.
9    (g) (Blank).
10    (h) (Blank).
11    (i) Of the amounts collected as fines under subsection (b)
12of Section 3-712 of the Illinois Vehicle Code, 99% shall be
13deposited into the Illinois Military Family Relief Fund and 1%
14shall be deposited into the Circuit Court Clerk Operation and
15Administrative Fund created by the Clerk of the Circuit Court
16to be used to offset the costs incurred by the Circuit Court
17Clerk in performing the additional duties required to collect
18and disburse funds to entities of State and local government as
19provided by law.
20    (j) Any person convicted of, pleading guilty to, or placed
21on supervision for a serious traffic violation, as defined in
22Section 1-187.001 of the Illinois Vehicle Code, a violation of
23Section 11-501 of the Illinois Vehicle Code, or a violation of
24a similar provision of a local ordinance shall pay an
25additional fee of $35, to be disbursed as provided in Section
2616-104d of that Code.

 

 

09800SB0503sam001- 9 -LRB098 04696 MRW 57018 a

1    This subsection (j) becomes inoperative 7 years after the
2effective date of Public Act 95-154.
3    (k) For any conviction or disposition of court supervision
4for a violation of Section 11-1429 of the Illinois Vehicle
5Code, the circuit clerk shall distribute the fines paid by the
6person as specified by subsection (h) of Section 11-1429 of the
7Illinois Vehicle Code.
8    (l) Any person who receives a disposition of court
9supervision for a violation of Section 11-501 of the Illinois
10Vehicle Code or a similar provision of a local ordinance shall,
11in addition to any other fines, fees, and court costs, pay an
12additional fee of $50, which shall be collected by the circuit
13clerk and then remitted to the State Treasurer for deposit into
14the Roadside Memorial Fund, a special fund in the State
15treasury. However, the court may waive the fee if full
16restitution is complied with. Subject to appropriation, all
17moneys in the Roadside Memorial Fund shall be used by the
18Department of Transportation to pay fees imposed under
19subsection (f) of Section 20 of the Roadside Memorial Act. The
20fee shall be remitted by the circuit clerk within one month
21after receipt to the State Treasurer for deposit into the
22Roadside Memorial Fund.
23    (m) Of the amounts collected as fines under subsection (c)
24of Section 411.4 of the Illinois Controlled Substances Act or
25subsection (c) of Section 90 of the Methamphetamine Control and
26Community Protection Act, 99% shall be deposited to the law

 

 

09800SB0503sam001- 10 -LRB098 04696 MRW 57018 a

1enforcement agency or fund specified and 1% shall be deposited
2into the Circuit Court Clerk Operation and Administrative Fund
3to be used to offset the costs incurred by the Circuit Court
4Clerk in performing the additional duties required to collect
5and disburse funds to entities of State and local government as
6provided by law.
7    (n) In addition to any other fines and court costs assessed
8by the courts, any person who is convicted of or pleads guilty
9to a violation of the Criminal Code of 1961 or the Criminal
10Code of 2012, or a similar provision of a local ordinance, or
11who is convicted of, pleads guilty to, or receives a
12disposition of court supervision for a violation of the
13Illinois Vehicle Code, or a similar provision of a local
14ordinance, shall pay an additional fee of $20 $15 to the clerk
15of the circuit court. This additional fee of $20 $15 shall not
16be considered a part of the fine for purposes of any reduction
17in the fine for time served either before or after sentencing.
18This amount, less 2.5% that shall be used to defray
19administrative costs incurred by the clerk, shall be remitted
20by the clerk to the State Treasurer within 60 days after
21receipt for deposit as follows:
22        (1) 57.5% into the State Police Merit Board Public
23    Safety Fund; and .
24        (2) 40% into the Criminal Justice Information Projects
25    Fund.
26(Source: P.A. 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428,

 

 

09800SB0503sam001- 11 -LRB098 04696 MRW 57018 a

1eff. 8-24-07; 95-600, eff. 6-1-08; 95-876, eff. 8-21-08;
296-286, eff. 8-11-09; 96-576, eff. 8-18-09; 96-578, eff.
38-18-09; 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-1175,
4eff. 9-20-10; 96-1342, eff. 1-1-11; 97-1051, eff. 1-1-13;
597-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
6    (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667,
796-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, and
897-1150)
9    Sec. 27.6. (a) All fees, fines, costs, additional
10penalties, bail balances assessed or forfeited, and any other
11amount paid by a person to the circuit clerk equalling an
12amount of $55 or more, except the fine imposed by Section
135-9-1.15 of the Unified Code of Corrections, the additional fee
14required by subsections (b) and (c), restitution under Section
155-5-6 of the Unified Code of Corrections, contributions to a
16local anti-crime program ordered pursuant to Section
175-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
18Corrections, reimbursement for the costs of an emergency
19response as provided under Section 11-501 of the Illinois
20Vehicle Code, any fees collected for attending a traffic safety
21program under paragraph (c) of Supreme Court Rule 529, any fee
22collected on behalf of a State's Attorney under Section 4-2002
23of the Counties Code or a sheriff under Section 4-5001 of the
24Counties Code, or any cost imposed under Section 124A-5 of the
25Code of Criminal Procedure of 1963, for convictions, orders of

 

 

09800SB0503sam001- 12 -LRB098 04696 MRW 57018 a

1supervision, or any other disposition for a violation of
2Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
3similar provision of a local ordinance, and any violation of
4the Child Passenger Protection Act, or a similar provision of a
5local ordinance, and except as otherwise provided in this
6Section shall be disbursed within 60 days after receipt by the
7circuit clerk as follows: 44.5% shall be disbursed to the
8entity authorized by law to receive the fine imposed in the
9case; 16.825% shall be disbursed to the State Treasurer; and
1038.675% shall be disbursed to the county's general corporate
11fund. Of the 16.825% disbursed to the State Treasurer, 2/17
12shall be deposited by the State Treasurer into the Violent
13Crime Victims Assistance Fund, 5.052/17 shall be deposited into
14the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
15be deposited into the Drivers Education Fund, and 6.948/17
16shall be deposited into the Trauma Center Fund. Of the 6.948/17
17deposited into the Trauma Center Fund from the 16.825%
18disbursed to the State Treasurer, 50% shall be disbursed to the
19Department of Public Health and 50% shall be disbursed to the
20Department of Healthcare and Family Services. For fiscal year
211993, amounts deposited into the Violent Crime Victims
22Assistance Fund, the Traffic and Criminal Conviction Surcharge
23Fund, or the Drivers Education Fund shall not exceed 110% of
24the amounts deposited into those funds in fiscal year 1991. Any
25amount that exceeds the 110% limit shall be distributed as
26follows: 50% shall be disbursed to the county's general

 

 

09800SB0503sam001- 13 -LRB098 04696 MRW 57018 a

1corporate fund and 50% shall be disbursed to the entity
2authorized by law to receive the fine imposed in the case. Not
3later than March 1 of each year the circuit clerk shall submit
4a report of the amount of funds remitted to the State Treasurer
5under this Section during the preceding year based upon
6independent verification of fines and fees. All counties shall
7be subject to this Section, except that counties with a
8population under 2,000,000 may, by ordinance, elect not to be
9subject to this Section. For offenses subject to this Section,
10judges shall impose one total sum of money payable for
11violations. The circuit clerk may add on no additional amounts
12except for amounts that are required by Sections 27.3a and
1327.3c of this Act, Section 16-104c of the Illinois Vehicle
14Code, and subsection (a) of Section 5-1101 of the Counties
15Code, unless those amounts are specifically waived by the
16judge. With respect to money collected by the circuit clerk as
17a result of forfeiture of bail, ex parte judgment or guilty
18plea pursuant to Supreme Court Rule 529, the circuit clerk
19shall first deduct and pay amounts required by Sections 27.3a
20and 27.3c of this Act. Unless a court ordered payment schedule
21is implemented or fee requirements are waived pursuant to court
22order, the clerk of the court may add to any unpaid fees and
23costs a delinquency amount equal to 5% of the unpaid fees that
24remain unpaid after 30 days, 10% of the unpaid fees that remain
25unpaid after 60 days, and 15% of the unpaid fees that remain
26unpaid after 90 days. Notice to those parties may be made by

 

 

09800SB0503sam001- 14 -LRB098 04696 MRW 57018 a

1signage posting or publication. The additional delinquency
2amounts collected under this Section shall be deposited in the
3Circuit Court Clerk Operation and Administrative Fund to be
4used to defray administrative costs incurred by the circuit
5clerk in performing the duties required to collect and disburse
6funds. This Section is a denial and limitation of home rule
7powers and functions under subsection (h) of Section 6 of
8Article VII of the Illinois Constitution.
9    (b) In addition to any other fines and court costs assessed
10by the courts, any person convicted or receiving an order of
11supervision for driving under the influence of alcohol or drugs
12shall pay an additional fee of $100 to the clerk of the circuit
13court. This amount, less 2 1/2% that shall be used to defray
14administrative costs incurred by the clerk, shall be remitted
15by the clerk to the Treasurer within 60 days after receipt for
16deposit into the Trauma Center Fund. This additional fee of
17$100 shall not be considered a part of the fine for purposes of
18any reduction in the fine for time served either before or
19after sentencing. Not later than March 1 of each year the
20Circuit Clerk shall submit a report of the amount of funds
21remitted to the State Treasurer under this subsection during
22the preceding calendar year.
23    (b-1) In addition to any other fines and court costs
24assessed by the courts, any person convicted or receiving an
25order of supervision for driving under the influence of alcohol
26or drugs shall pay an additional fee of $5 to the clerk of the

 

 

09800SB0503sam001- 15 -LRB098 04696 MRW 57018 a

1circuit court. This amount, less 2 1/2% that shall be used to
2defray administrative costs incurred by the clerk, shall be
3remitted by the clerk to the Treasurer within 60 days after
4receipt for deposit into the Spinal Cord Injury Paralysis Cure
5Research Trust Fund. This additional fee of $5 shall not be
6considered a part of the fine for purposes of any reduction in
7the fine for time served either before or after sentencing. Not
8later than March 1 of each year the Circuit Clerk shall submit
9a report of the amount of funds remitted to the State Treasurer
10under this subsection during the preceding calendar year.
11    (c) In addition to any other fines and court costs assessed
12by the courts, any person convicted for a violation of Sections
1324-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or the
14Criminal Code of 2012 or a person sentenced for a violation of
15the Cannabis Control Act, the Illinois Controlled Substances
16Act, or the Methamphetamine Control and Community Protection
17Act shall pay an additional fee of $100 to the clerk of the
18circuit court. This amount, less 2 1/2% that shall be used to
19defray administrative costs incurred by the clerk, shall be
20remitted by the clerk to the Treasurer within 60 days after
21receipt for deposit into the Trauma Center Fund. This
22additional fee of $100 shall not be considered a part of the
23fine for purposes of any reduction in the fine for time served
24either before or after sentencing. Not later than March 1 of
25each year the Circuit Clerk shall submit a report of the amount
26of funds remitted to the State Treasurer under this subsection

 

 

09800SB0503sam001- 16 -LRB098 04696 MRW 57018 a

1during the preceding calendar year.
2    (c-1) In addition to any other fines and court costs
3assessed by the courts, any person sentenced for a violation of
4the Cannabis Control Act, the Illinois Controlled Substances
5Act, or the Methamphetamine Control and Community Protection
6Act shall pay an additional fee of $5 to the clerk of the
7circuit court. This amount, less 2 1/2% that shall be used to
8defray administrative costs incurred by the clerk, shall be
9remitted by the clerk to the Treasurer within 60 days after
10receipt for deposit into the Spinal Cord Injury Paralysis Cure
11Research Trust Fund. This additional fee of $5 shall not be
12considered a part of the fine for purposes of any reduction in
13the fine for time served either before or after sentencing. Not
14later than March 1 of each year the Circuit Clerk shall submit
15a report of the amount of funds remitted to the State Treasurer
16under this subsection during the preceding calendar year.
17    (d) The following amounts must be remitted to the State
18Treasurer for deposit into the Illinois Animal Abuse Fund:
19        (1) 50% of the amounts collected for felony offenses
20    under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
21    5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
22    Animals Act and Section 26-5 or 48-1 of the Criminal Code
23    of 1961 or the Criminal Code of 2012;
24        (2) 20% of the amounts collected for Class A and Class
25    B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
26    5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care

 

 

09800SB0503sam001- 17 -LRB098 04696 MRW 57018 a

1    for Animals Act and Section 26-5 or 48-1 of the Criminal
2    Code of 1961 or the Criminal Code of 2012; and
3        (3) 50% of the amounts collected for Class C
4    misdemeanors under Sections 4.01 and 7.1 of the Humane Care
5    for Animals Act and Section 26-5 or 48-1 of the Criminal
6    Code of 1961 or the Criminal Code of 2012.
7    (e) Any person who receives a disposition of court
8supervision for a violation of the Illinois Vehicle Code or a
9similar provision of a local ordinance shall, in addition to
10any other fines, fees, and court costs, pay an additional fee
11of $29, to be disbursed as provided in Section 16-104c of the
12Illinois Vehicle Code. In addition to the fee of $29, the
13person shall also pay a fee of $6, if not waived by the court.
14If this $6 fee is collected, $5.50 of the fee shall be
15deposited into the Circuit Court Clerk Operation and
16Administrative Fund created by the Clerk of the Circuit Court
17and 50 cents of the fee shall be deposited into the Prisoner
18Review Board Vehicle and Equipment Fund in the State treasury.
19    (f) This Section does not apply to the additional child
20pornography fines assessed and collected under Section
215-9-1.14 of the Unified Code of Corrections.
22    (g) Any person convicted of or pleading guilty to a serious
23traffic violation, as defined in Section 1-187.001 of the
24Illinois Vehicle Code, shall pay an additional fee of $35, to
25be disbursed as provided in Section 16-104d of that Code. This
26subsection (g) becomes inoperative 7 years after the effective

 

 

09800SB0503sam001- 18 -LRB098 04696 MRW 57018 a

1date of Public Act 95-154.
2    (h) In all counties having a population of 3,000,000 or
3more inhabitants,
4        (1) A person who is found guilty of or pleads guilty to
5    violating subsection (a) of Section 11-501 of the Illinois
6    Vehicle Code, including any person placed on court
7    supervision for violating subsection (a), shall be fined
8    $750 as provided for by subsection (f) of Section 11-501.01
9    of the Illinois Vehicle Code, payable to the circuit clerk,
10    who shall distribute the money pursuant to subsection (f)
11    of Section 11-501.01 of the Illinois Vehicle Code.
12        (2) When a crime laboratory DUI analysis fee of $150,
13    provided for by Section 5-9-1.9 of the Unified Code of
14    Corrections is assessed, it shall be disbursed by the
15    circuit clerk as provided by subsection (f) of Section
16    5-9-1.9 of the Unified Code of Corrections.
17        (3) When a fine for a violation of Section 11-605.1 of
18    the Illinois Vehicle Code is $250 or greater, the person
19    who violated that Section shall be charged an additional
20    $125 as provided for by subsection (e) of Section 11-605.1
21    of the Illinois Vehicle Code, which shall be disbursed by
22    the circuit clerk to a State or county Transportation
23    Safety Highway Hire-back Fund as provided by subsection (e)
24    of Section 11-605.1 of the Illinois Vehicle Code.
25        (4) When a fine for a violation of subsection (a) of
26    Section 11-605 of the Illinois Vehicle Code is $150 or

 

 

09800SB0503sam001- 19 -LRB098 04696 MRW 57018 a

1    greater, the additional $50 which is charged as provided
2    for by subsection (f) of Section 11-605 of the Illinois
3    Vehicle Code shall be disbursed by the circuit clerk to a
4    school district or districts for school safety purposes as
5    provided by subsection (f) of Section 11-605.
6        (5) When a fine for a violation of subsection (a) of
7    Section 11-1002.5 of the Illinois Vehicle Code is $150 or
8    greater, the additional $50 which is charged as provided
9    for by subsection (c) of Section 11-1002.5 of the Illinois
10    Vehicle Code shall be disbursed by the circuit clerk to a
11    school district or districts for school safety purposes as
12    provided by subsection (c) of Section 11-1002.5 of the
13    Illinois Vehicle Code.
14        (6) When a mandatory drug court fee of up to $5 is
15    assessed as provided in subsection (f) of Section 5-1101 of
16    the Counties Code, it shall be disbursed by the circuit
17    clerk as provided in subsection (f) of Section 5-1101 of
18    the Counties Code.
19        (7) When a mandatory teen court, peer jury, youth
20    court, or other youth diversion program fee is assessed as
21    provided in subsection (e) of Section 5-1101 of the
22    Counties Code, it shall be disbursed by the circuit clerk
23    as provided in subsection (e) of Section 5-1101 of the
24    Counties Code.
25        (8) When a Children's Advocacy Center fee is assessed
26    pursuant to subsection (f-5) of Section 5-1101 of the

 

 

09800SB0503sam001- 20 -LRB098 04696 MRW 57018 a

1    Counties Code, it shall be disbursed by the circuit clerk
2    as provided in subsection (f-5) of Section 5-1101 of the
3    Counties Code.
4        (9) When a victim impact panel fee is assessed pursuant
5    to subsection (b) of Section 11-501.01 of the Vehicle Code,
6    it shall be disbursed by the circuit clerk to the victim
7    impact panel to be attended by the defendant.
8        (10) When a new fee collected in traffic cases is
9    enacted after the effective date of this subsection (h), it
10    shall be excluded from the percentage disbursement
11    provisions of this Section unless otherwise indicated by
12    law.
13    (i) Of the amounts collected as fines under subsection (b)
14of Section 3-712 of the Illinois Vehicle Code, 99% shall be
15deposited into the Illinois Military Family Relief Fund and 1%
16shall be deposited into the Circuit Court Clerk Operation and
17Administrative Fund created by the Clerk of the Circuit Court
18to be used to offset the costs incurred by the Circuit Court
19Clerk in performing the additional duties required to collect
20and disburse funds to entities of State and local government as
21provided by law.
22    (j) (Blank).
23    (k) For any conviction or disposition of court supervision
24for a violation of Section 11-1429 of the Illinois Vehicle
25Code, the circuit clerk shall distribute the fines paid by the
26person as specified by subsection (h) of Section 11-1429 of the

 

 

09800SB0503sam001- 21 -LRB098 04696 MRW 57018 a

1Illinois Vehicle Code.
2    (l) Any person who receives a disposition of court
3supervision for a violation of Section 11-501 of the Illinois
4Vehicle Code or a similar provision of a local ordinance shall,
5in addition to any other fines, fees, and court costs, pay an
6additional fee of $50, which shall be collected by the circuit
7clerk and then remitted to the State Treasurer for deposit into
8the Roadside Memorial Fund, a special fund in the State
9treasury. However, the court may waive the fee if full
10restitution is complied with. Subject to appropriation, all
11moneys in the Roadside Memorial Fund shall be used by the
12Department of Transportation to pay fees imposed under
13subsection (f) of Section 20 of the Roadside Memorial Act. The
14fee shall be remitted by the circuit clerk within one month
15after receipt to the State Treasurer for deposit into the
16Roadside Memorial Fund.
17    (m) Of the amounts collected as fines under subsection (c)
18of Section 411.4 of the Illinois Controlled Substances Act or
19subsection (c) of Section 90 of the Methamphetamine Control and
20Community Protection Act, 99% shall be deposited to the law
21enforcement agency or fund specified and 1% shall be deposited
22into the Circuit Court Clerk Operation and Administrative Fund
23to be used to offset the costs incurred by the Circuit Court
24Clerk in performing the additional duties required to collect
25and disburse funds to entities of State and local government as
26provided by law.

 

 

09800SB0503sam001- 22 -LRB098 04696 MRW 57018 a

1    (n) In addition to any other fines and court costs assessed
2by the courts, any person who is convicted of or pleads guilty
3to a violation of the Criminal Code of 1961 or the Criminal
4Code of 2012, or a similar provision of a local ordinance, or
5who is convicted of, pleads guilty to, or receives a
6disposition of court supervision for a violation of the
7Illinois Vehicle Code, or a similar provision of a local
8ordinance, shall pay an additional fee of $20 $15 to the clerk
9of the circuit court. This additional fee of $20 $15 shall not
10be considered a part of the fine for purposes of any reduction
11in the fine for time served either before or after sentencing.
12This amount, less 2.5% that shall be used to defray
13administrative costs incurred by the clerk, shall be remitted
14by the clerk to the State Treasurer within 60 days after
15receipt for deposit as follows:
16        (1) 57.5% into the State Police Merit Board Public
17    Safety Fund; and .
18        (2) 40% into the Criminal Justice Information Projects
19    Fund.
20(Source: P.A. 96-576, eff. 8-18-09; 96-578, eff. 8-18-09;
2196-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-735, eff. 1-1-10;
2296-1175, eff. 9-20-10; 96-1342, eff. 1-1-11; 97-434, eff.
231-1-12; 97-1051, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1150,
24eff. 1-25-13.)".