Full Text of HB1923 95th General Assembly
HB1923enr 95TH GENERAL ASSEMBLY
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LRB095 09892 DRH 30103 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by adding | 5 |
| Section 16-104d as follows: | 6 |
| (625 ILCS 5/16-104d new) | 7 |
| Sec. 16-104d. Additional fee; serious traffic violation. | 8 |
| Any person who is convicted of or pleads guilty to a serious | 9 |
| traffic violation, as defined in Section 1-187.001 of this | 10 |
| Code, shall pay an additional fee of $20. Of that fee, $7.50 | 11 |
| shall be deposited into the Fire Prevention Fund in the State | 12 |
| treasury, $7.50 shall be deposited into the Fire Truck | 13 |
| Revolving Loan Fund in the State treasury, and $5 shall be | 14 |
| deposited into the Circuit Court Clerk Operation and | 15 |
| Administrative Fund created by the Clerk of the Circuit Court. | 16 |
| This Section becomes inoperative 7 years after the | 17 |
| effective date of this amendatory Act of the 95th General | 18 |
| Assembly. | 19 |
| Section 10. The Clerks of Courts Act is amended by changing | 20 |
| Section 27.5 as follows: | 21 |
| (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
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| Sec. 27.5. (a) All fees, fines, costs, additional | 2 |
| penalties, bail balances
assessed or forfeited, and any other | 3 |
| amount paid by a person to the circuit
clerk that equals an | 4 |
| amount less than $55, except restitution under Section
5-5-6 of | 5 |
| the Unified Code of Corrections, reimbursement for the costs of | 6 |
| an
emergency response as provided under Section 11-501 of the | 7 |
| Illinois Vehicle
Code, any fees collected for attending a | 8 |
| traffic safety program under
paragraph (c) of Supreme Court | 9 |
| Rule 529, any fee collected on behalf of a
State's Attorney | 10 |
| under Section 4-2002 of the Counties Code or a sheriff under
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| Section 4-5001 of the Counties Code, or any cost imposed under | 12 |
| Section 124A-5
of the Code of Criminal Procedure of 1963, for | 13 |
| convictions, orders of
supervision, or any other disposition | 14 |
| for a violation of Chapters 3, 4, 6,
11, and 12 of the Illinois | 15 |
| Vehicle Code, or a similar provision of a local
ordinance, and | 16 |
| any violation of the Child Passenger Protection Act, or a
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| similar provision of a local ordinance, and except as provided | 18 |
| in subsection
(b) shall be disbursed within 60 days after | 19 |
| receipt by the circuit
clerk as follows: 47% shall be disbursed | 20 |
| to the entity authorized by law to
receive the fine imposed in | 21 |
| the case; 12% shall be disbursed to the State
Treasurer; and | 22 |
| 41% shall be disbursed to the county's general corporate fund.
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| Of the 12% disbursed to the State Treasurer, 1/6 shall be | 24 |
| deposited by the
State Treasurer into the Violent Crime Victims | 25 |
| Assistance Fund, 1/2 shall be
deposited into the Traffic and | 26 |
| Criminal Conviction Surcharge Fund, and 1/3
shall be deposited |
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| into the Drivers Education Fund. For fiscal years 1992 and
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| 1993, amounts deposited into the Violent Crime Victims | 3 |
| Assistance Fund, the
Traffic and Criminal Conviction Surcharge | 4 |
| Fund, or the Drivers Education Fund
shall not exceed 110% of | 5 |
| the amounts deposited into those funds in fiscal year
1991. Any | 6 |
| amount that exceeds the 110% limit shall be distributed as | 7 |
| follows:
50% shall be disbursed to the county's general | 8 |
| corporate fund and 50% shall be
disbursed to the entity | 9 |
| authorized by law to receive the fine imposed in the
case. Not | 10 |
| later than March 1 of each year the circuit clerk
shall submit | 11 |
| a report of the amount of funds remitted to the State
Treasurer | 12 |
| under this Section during the preceding year based upon
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| independent verification of fines and fees. All counties shall | 14 |
| be subject
to this Section, except that counties with a | 15 |
| population under 2,000,000
may, by ordinance, elect not to be | 16 |
| subject to this Section. For offenses
subject to this Section, | 17 |
| judges shall impose one total sum of money payable
for | 18 |
| violations. The circuit clerk may add on no additional amounts | 19 |
| except
for amounts that are required by Sections 27.3a and | 20 |
| 27.3c of
this Act, unless those amounts are specifically waived | 21 |
| by the judge. With
respect to money collected by the circuit | 22 |
| clerk as a result of
forfeiture of bail, ex parte judgment or | 23 |
| guilty plea pursuant to Supreme
Court Rule 529, the circuit | 24 |
| clerk shall first deduct and pay amounts
required by Sections | 25 |
| 27.3a and 27.3c of this Act. This Section is a denial
and | 26 |
| limitation of home rule powers and functions under subsection |
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| (h) of
Section 6 of Article VII of the Illinois Constitution.
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| (b) The following amounts must be remitted to the State | 3 |
| Treasurer for
deposit into the Illinois Animal Abuse Fund:
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| (1) 50% of the amounts collected for felony offenses | 5 |
| under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | 6 |
| 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | 7 |
| Animals Act and Section 26-5 of the Criminal Code of
1961;
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| (2) 20% of the amounts collected for Class A and Class | 9 |
| B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | 10 |
| 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | 11 |
| for Animals Act and Section 26-5 of the Criminal
Code of | 12 |
| 1961; and
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| (3) 50% of the amounts collected for Class C | 14 |
| misdemeanors under
Sections 4.01 and 7.1 of the Humane Care | 15 |
| for Animals Act and Section 26-5
of the Criminal Code of | 16 |
| 1961.
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| (c) Any person who receives a disposition of court | 18 |
| supervision for a violation of the Illinois Vehicle Code shall, | 19 |
| in addition to any other fines, fees, and court costs, pay an | 20 |
| additional fee of $20, to be disbursed as provided in Section | 21 |
| 16-104c of the Illinois Vehicle Code. In addition to the fee of | 22 |
| $20, the person shall also pay a fee of $5, if not waived by the | 23 |
| court. If this $5 fee is collected, $4.50 of the fee shall be | 24 |
| deposited into the Circuit Court Clerk Operation and | 25 |
| Administrative Fund created by the Clerk of the Circuit Court | 26 |
| and 50 cents of the fee shall be deposited into the Prisoner |
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| Review Board Vehicle and Equipment Fund in the State treasury. | 2 |
| (d) Any person convicted of or pleading guilty to a serious | 3 |
| traffic violation, as defined in Section 1-187.001 of the | 4 |
| Illinois Vehicle Code, shall pay an additional fee of $20, to | 5 |
| be disbursed as provided in Section 16-104d of that Code. | 6 |
| This subsection (d) becomes inoperative 7 years after the | 7 |
| effective date of this amendatory Act of the 95th General | 8 |
| Assembly.
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| (Source: P.A. 93-800, eff. 1-1-05; 94-1009, eff. 1-1-07.)
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| Section 15. The Unified Code of Corrections is amended by | 11 |
| changing Section 5-6-1 as follows:
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| (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
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| Sec. 5-6-1. Sentences of Probation and of Conditional
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| Discharge and Disposition of Supervision.
The General Assembly | 15 |
| finds that in order to protect the public, the
criminal justice | 16 |
| system must compel compliance with the conditions of probation
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| by responding to violations with swift, certain and fair | 18 |
| punishments and
intermediate sanctions. The Chief Judge of each | 19 |
| circuit shall adopt a system of
structured, intermediate | 20 |
| sanctions for violations of the terms and conditions
of a | 21 |
| sentence of probation, conditional discharge or disposition of
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| supervision.
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| (a) Except where specifically prohibited by other
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| provisions of this Code, the court shall impose a sentence
of |
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| probation or conditional discharge upon an offender
unless, | 2 |
| having regard to the nature and circumstance of
the offense, | 3 |
| and to the history, character and condition
of the offender, | 4 |
| the court is of the opinion that:
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| (1) his imprisonment or periodic imprisonment is | 6 |
| necessary
for the protection of the public; or
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| (2) probation or conditional discharge would deprecate
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| the seriousness of the offender's conduct and would be
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| inconsistent with the ends of justice; or
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| (3) a combination of imprisonment with concurrent or | 11 |
| consecutive probation when an offender has been admitted | 12 |
| into a drug court program under Section 20 of the Drug | 13 |
| Court Treatment Act is necessary for the protection of the | 14 |
| public and for the rehabilitation of the offender.
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| The court shall impose as a condition of a sentence of | 16 |
| probation,
conditional discharge, or supervision, that the | 17 |
| probation agency may invoke any
sanction from the list of | 18 |
| intermediate sanctions adopted by the chief judge of
the | 19 |
| circuit court for violations of the terms and conditions of the | 20 |
| sentence of
probation, conditional discharge, or supervision, | 21 |
| subject to the provisions of
Section 5-6-4 of this Act.
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| (b) The court may impose a sentence of conditional
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| discharge for an offense if the court is of the opinion
that | 24 |
| neither a sentence of imprisonment nor of periodic
imprisonment | 25 |
| nor of probation supervision is appropriate.
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| (b-1) Subsections (a) and (b) of this Section do not apply |
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LRB095 09892 DRH 30103 b |
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| to a defendant charged with a misdemeanor or felony under the | 2 |
| Illinois Vehicle Code or reckless homicide under Section 9-3 of | 3 |
| the Criminal Code of 1961 if the defendant within the past 12 | 4 |
| months has been convicted of or pleaded guilty to a misdemeanor | 5 |
| or felony under the Illinois Vehicle Code or reckless homicide | 6 |
| under Section 9-3 of the Criminal Code of 1961. | 7 |
| (c) The court may, upon a plea of guilty or a stipulation
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| by the defendant of the facts supporting the charge or a
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| finding of guilt, defer further proceedings and the
imposition | 10 |
| of a sentence, and enter an order for supervision of the | 11 |
| defendant,
if the defendant is not charged with: (i) a Class A | 12 |
| misdemeanor, as
defined by the following provisions of the | 13 |
| Criminal Code of 1961: Sections
11-9.1; 12-3.2; 12-15; 26-5; | 14 |
| 31-1; 31-6; 31-7; subsections (b) and (c) of Section
21-1;
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| paragraph (1) through (5), (8), (10), and (11) of subsection | 16 |
| (a) of Section
24-1; (ii) a Class A misdemeanor violation of | 17 |
| Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals | 18 |
| Act; or (iii)
felony.
If the defendant
is not barred from | 19 |
| receiving an order for supervision as provided in this
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| subsection, the court may enter an order for supervision after | 21 |
| considering the
circumstances of the offense, and the history,
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| character and condition of the offender, if the court is of the | 23 |
| opinion
that:
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| (1) the offender is not likely to commit further | 25 |
| crimes;
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| (2) the defendant and the public would be best served |
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| if the
defendant were not to receive a criminal record; and
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| (3) in the best interests of justice an order of | 3 |
| supervision
is more appropriate than a sentence otherwise | 4 |
| permitted under this Code.
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| (d) The provisions of paragraph (c) shall not apply to a | 6 |
| defendant charged
with violating Section 11-501 of the Illinois | 7 |
| Vehicle Code or a similar
provision of a local
ordinance when | 8 |
| the defendant has previously been:
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| (1) convicted for a violation of Section 11-501 of
the | 10 |
| Illinois Vehicle
Code or a similar provision of a
local | 11 |
| ordinance or any similar law or ordinance of another state; | 12 |
| or
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| (2) assigned supervision for a violation of Section | 14 |
| 11-501 of the Illinois
Vehicle Code or a similar provision | 15 |
| of a local ordinance or any similar law
or ordinance of | 16 |
| another state; or
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| (3) pleaded guilty to or stipulated to the facts | 18 |
| supporting
a charge or a finding of guilty to a violation | 19 |
| of Section 11-503 of the
Illinois Vehicle Code or a similar | 20 |
| provision of a local ordinance or any
similar law or | 21 |
| ordinance of another state, and the
plea or stipulation was | 22 |
| the result of a plea agreement.
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| The court shall consider the statement of the prosecuting
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| authority with regard to the standards set forth in this | 25 |
| Section.
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| (e) The provisions of paragraph (c) shall not apply to a |
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| defendant
charged with violating Section 16A-3 of the Criminal | 2 |
| Code of 1961 if said
defendant has within the last 5 years | 3 |
| been:
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| (1) convicted for a violation of Section 16A-3 of the | 5 |
| Criminal Code of
1961; or
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| (2) assigned supervision for a violation of Section | 7 |
| 16A-3 of the Criminal
Code of 1961.
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| The court shall consider the statement of the prosecuting | 9 |
| authority with
regard to the standards set forth in this | 10 |
| Section.
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| (f) The provisions of paragraph (c) shall not apply to a | 12 |
| defendant
charged with violating Sections 15-111, 15-112, | 13 |
| 15-301, paragraph (b)
of Section 6-104, Section 11-605, or | 14 |
| Section 11-1414
of the Illinois Vehicle Code or a similar | 15 |
| provision of a local ordinance.
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| (g) Except as otherwise provided in paragraph (i) of this | 17 |
| Section, the
provisions of paragraph (c) shall not apply to a
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| defendant charged with violating Section
3-707, 3-708, 3-710, | 19 |
| or 5-401.3
of the Illinois Vehicle Code or a similar provision | 20 |
| of a local ordinance if the
defendant has within the last 5 | 21 |
| years been:
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| (1) convicted for a violation of Section 3-707, 3-708, | 23 |
| 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | 24 |
| provision of a local
ordinance; or
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| (2) assigned supervision for a violation of Section | 26 |
| 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle |
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| Code or a similar provision of a local
ordinance.
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| The court shall consider the statement of the prosecuting | 3 |
| authority with
regard to the standards set forth in this | 4 |
| Section.
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| (h) The provisions of paragraph (c) shall not apply to a | 6 |
| defendant under
the age of 21 years charged with violating a | 7 |
| serious traffic offense as defined
in Section 1-187.001 of the | 8 |
| Illinois Vehicle Code:
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| (1) unless the defendant, upon payment of the fines, | 10 |
| penalties, and costs
provided by law, agrees to attend and | 11 |
| successfully complete a traffic safety
program approved by | 12 |
| the court under standards set by the Conference of Chief
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| Circuit Judges. The accused shall be responsible for | 14 |
| payment of any traffic
safety program fees. If the accused | 15 |
| fails to file a certificate of
successful completion on or | 16 |
| before the termination date of the supervision
order, the | 17 |
| supervision shall be summarily revoked and conviction | 18 |
| entered. The
provisions of Supreme Court Rule 402 relating | 19 |
| to pleas of guilty do not apply
in cases when a defendant | 20 |
| enters a guilty plea under this provision; or
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| (2) if the defendant has previously been sentenced | 22 |
| under the provisions of
paragraph (c) on or after January | 23 |
| 1, 1998 for any serious traffic offense as
defined in | 24 |
| Section 1-187.001 of the Illinois Vehicle Code.
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| (i) The provisions of paragraph (c) shall not apply to a | 26 |
| defendant charged
with violating Section 3-707 of the Illinois |
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| Vehicle Code or a similar
provision of a local ordinance if the | 2 |
| defendant has been assigned supervision
for a violation of | 3 |
| Section 3-707 of the Illinois Vehicle Code or a similar
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| provision of a local ordinance.
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| (j) The provisions of paragraph (c) shall not apply to a
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| defendant charged with violating
Section 6-303 of the Illinois | 7 |
| Vehicle Code or a similar provision of
a local ordinance when | 8 |
| the revocation or suspension was for a violation of
Section | 9 |
| 11-501 or a similar provision of a local ordinance, a violation | 10 |
| of
Section 11-501.1 or paragraph (b) of Section 11-401 of the | 11 |
| Illinois Vehicle
Code, or a violation of Section 9-3 of the | 12 |
| Criminal Code of 1961 if the
defendant has within the last 10 | 13 |
| years been:
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| (1) convicted for a violation of Section 6-303 of the | 15 |
| Illinois Vehicle
Code or a similar provision of a local | 16 |
| ordinance; or
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| (2) assigned supervision for a violation of Section | 18 |
| 6-303 of the Illinois
Vehicle Code or a similar provision | 19 |
| of a local ordinance. | 20 |
| (k) The provisions of paragraph (c) shall not apply to a
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| defendant charged with violating
any provision of the Illinois | 22 |
| Vehicle Code or a similar provision of a local ordinance that | 23 |
| governs the movement of vehicles if, within the 12 months | 24 |
| preceding the date of the defendant's arrest, the defendant has | 25 |
| been assigned court supervision on 2 occasions for a violation | 26 |
| that governs the movement of vehicles under the Illinois |
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| Vehicle Code or a similar provision of a local ordinance.
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| (l) A defendant charged with violating any provision of the | 3 |
| Illinois Vehicle Code who, after a court appearance in the same | 4 |
| matter, receives a disposition of supervision under subsection | 5 |
| (c) shall pay an additional fee of $20, to be collected as | 6 |
| provided in Sections 27.5 and 27.6 of the Clerks of Courts Act. | 7 |
| In addition to the $20 fee, the person shall also pay a fee of | 8 |
| $5, which, if not waived by the court, shall be collected as | 9 |
| provided in Sections 27.5 and 27.6 of the Clerks of Courts Act. | 10 |
| The $20 fee shall be disbursed as provided in Section 16-104c | 11 |
| of the Illinois Vehicle Code. If the $5 fee is collected, $4.50 | 12 |
| of the fee shall be deposited into the Circuit Court Clerk | 13 |
| Operation and Administrative Fund created by the Clerk of the | 14 |
| Circuit Court and 50 cents of the fee shall be deposited into | 15 |
| the Prisoner Review Board Vehicle and Equipment Fund in the | 16 |
| State treasury. | 17 |
| (m) Any person convicted of or pleading guilty to a serious | 18 |
| traffic violation, as defined in Section 1-187.001 of the | 19 |
| Illinois Vehicle Code, shall pay an additional fee of $20, to | 20 |
| be disbursed as provided in Section 16-104d of that Code. | 21 |
| This subsection (m) becomes inoperative 7 years after the | 22 |
| effective date of this amendatory Act of the 95th General | 23 |
| Assembly.
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| (Source: P.A. 93-388, eff. 7-25-03; 93-1014, eff. 1-1-05; | 25 |
| 94-169, eff. 1-1-06; 94-330, eff. 1-1-06; 94-375, eff. 1-1-06; | 26 |
| 94-1009, eff. 1-1-07.)
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| Section 99. Effective date. This Act takes effect 60 days | 2 |
| after becoming law.
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