Full Text of SB3312 099th General Assembly
SB3312eng 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Police Act is amended by changing | 5 | | Section 7.2 as follows: | 6 | | (20 ILCS 2610/7.2) | 7 | | Sec. 7.2. State Police Merit Board Public Safety Fund. | 8 | | (a) A special fund in the State treasury is hereby created | 9 | | which shall be known as the State Police Merit Board Public | 10 | | Safety Fund. The Fund shall be used by the State Police Merit | 11 | | Board to provide a cadet program for State Police personnel and | 12 | | to meet all costs associated with the functions of the State | 13 | | Police Merit Board. Notwithstanding any other law to the | 14 | | contrary, the State Police Merit Board Public Safety Fund is | 15 | | not subject to sweeps, administrative charge-backs, or any | 16 | | other fiscal or budgetary maneuver that would in any way | 17 | | transfer any amounts from the State Police Merit Board Public | 18 | | Safety Fund into any other fund of the State. | 19 | | (b) The Fund may receive State appropriations, gifts, | 20 | | grants, and federal funds and shall include earnings from the | 21 | | investment of moneys in the Fund. | 22 | | (c) The administration of this Fund shall be the | 23 | | responsibility of the State Police Merit Board. The Board shall |
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| 1 | | establish terms and conditions for the operation of the Fund. | 2 | | The Board shall establish and implement fiscal controls and | 3 | | accounting periods for programs operated using the Fund. All | 4 | | fees or moneys received by the State Treasurer under subsection | 5 | | (n) of Section 27.6 of the Clerks of Courts Act shall be | 6 | | deposited into the Fund. Such an additional penalty shall not | 7 | | be considered a part of the fine for purposes of any reduction | 8 | | in the fine for time served, either before or after sentencing. | 9 | | The moneys deposited in the State Police Merit Board Public | 10 | | Safety Fund shall be appropriated , on a continuing basis, to | 11 | | the State Police Merit Board for expenses of the Board for the | 12 | | administration and conduct of all its programs for State Police | 13 | | personnel.
| 14 | | (Source: P.A. 97-1051, eff. 1-1-13.) | 15 | | Section 10. The Illinois Vehicle Code is amended by adding | 16 | | Section 16-104f as follows: | 17 | | (625 ILCS 5/16-104f new) | 18 | | Sec. 16-104f. Amounts for State Police Merit Board Public | 19 | | Safety Fund. In counties that have elected not to distribute | 20 | | moneys under the disbursement formulas in Sections 27.5 and | 21 | | 27.6 of the Clerks of Courts Act, the court shall impose a fine | 22 | | of $15, in addition to any other fines and court costs | 23 | | assessed, for any person who is convicted, or receives a | 24 | | disposition of court supervision for a violation of this Code, |
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| 1 | | or a similar provision of a local ordinance. This additional | 2 | | fine of $15 shall be payable to the clerk of the circuit court | 3 | | and shall not be considered a part of the fine for purposes of | 4 | | any reduction in the fine for time served, either before or | 5 | | after sentencing. This amount shall be remitted by the clerk to | 6 | | the State Treasurer within 60 days after receipt for deposit in | 7 | | to the State Merit Board Public Safety Fund for distribution as | 8 | | provided under Section 7.2 of the State Police Act. Of the | 9 | | fine, 2.5% shall be deposited into the Circuit Court Operation | 10 | | and Administration Fund created by the clerk of the circuit | 11 | | court to be used to offset the costs incurred by the circuit | 12 | | court clerk in performing the additional duties required to | 13 | | collect and disburse funds as provided by law. | 14 | | Section 15. The Clerks of Courts Act is amended by changing | 15 | | Section 27.6 as follows:
| 16 | | (705 ILCS 105/27.6)
| 17 | | (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625, | 18 | | 96-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150, | 19 | | 98-658, 98-1013, 99-78, and 99-455) | 20 | | Sec. 27.6. (a) All fees, fines, costs, additional | 21 | | penalties, bail balances
assessed or forfeited, and any other | 22 | | amount paid by a person to the circuit
clerk equalling an | 23 | | amount of $55 or more, except the fine imposed by Section | 24 | | 5-9-1.15
of the Unified Code of Corrections, the additional fee |
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| 1 | | required
by subsections (b) and (c), restitution under Section | 2 | | 5-5-6 of the
Unified Code of Corrections, contributions to a | 3 | | local anti-crime program ordered pursuant to Section | 4 | | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | 5 | | Corrections, reimbursement for the costs of an emergency
| 6 | | response as provided under Section 11-501 of the Illinois | 7 | | Vehicle Code,
any fees collected for attending a traffic safety | 8 | | program under paragraph (c)
of Supreme Court Rule 529, any fee | 9 | | collected on behalf of a State's Attorney
under Section 4-2002 | 10 | | of the Counties Code or a sheriff under Section 4-5001
of the | 11 | | Counties Code, or any cost imposed under Section 124A-5 of the | 12 | | Code of
Criminal Procedure of 1963, for convictions, orders of | 13 | | supervision, or any
other disposition for a violation of | 14 | | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | 15 | | similar provision of a local ordinance, and any
violation of | 16 | | the Child Passenger Protection Act, or a similar provision of a
| 17 | | local ordinance, and except as otherwise provided in this | 18 | | Section
shall be disbursed
within 60 days after receipt by the | 19 | | circuit
clerk as follows: 44.5% shall be disbursed to the | 20 | | entity authorized by law to
receive the fine imposed in the | 21 | | case; 16.825% shall be disbursed to the State
Treasurer; and | 22 | | 38.675% shall be disbursed to the county's general corporate
| 23 | | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | 24 | | shall be deposited
by the State Treasurer into the Violent | 25 | | Crime Victims Assistance Fund, 5.052/17
shall be deposited into | 26 | | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall |
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| 1 | | be deposited into the Drivers Education Fund, and 6.948/17 | 2 | | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 | 3 | | deposited into the
Trauma Center Fund from the 16.825% | 4 | | disbursed to the State Treasurer, 50% shall
be disbursed to the | 5 | | Department of Public Health and 50% shall be disbursed to
the | 6 | | Department of Healthcare and Family Services. For fiscal year | 7 | | 1993, amounts deposited into
the Violent Crime Victims | 8 | | Assistance Fund, the Traffic and Criminal
Conviction Surcharge | 9 | | Fund, or the Drivers Education Fund shall not exceed 110%
of | 10 | | the amounts deposited into those funds in fiscal year 1991. Any
| 11 | | amount that exceeds the 110% limit shall be distributed as | 12 | | follows: 50%
shall be disbursed to the county's general | 13 | | corporate fund and 50% shall be
disbursed to the entity | 14 | | authorized by law to receive the fine imposed in
the case. Not | 15 | | later than March 1 of each year the circuit clerk
shall submit | 16 | | a report of the amount of funds remitted to the State
Treasurer | 17 | | under this Section during the preceding year based upon
| 18 | | independent verification of fines and fees. All counties shall | 19 | | be subject
to this Section, except that counties with a | 20 | | population under 2,000,000
may, by ordinance, elect not to be | 21 | | subject to this Section. For offenses
subject to this Section, | 22 | | judges shall impose one total sum of money payable
for | 23 | | violations. The circuit clerk may add on no additional amounts | 24 | | except
for amounts that are required by Sections 27.3a and | 25 | | 27.3c of
this Act, unless those amounts are specifically waived | 26 | | by the judge. With
respect to money collected by the circuit |
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| 1 | | clerk as a result of
forfeiture of bail, ex parte judgment or | 2 | | guilty plea pursuant to Supreme
Court Rule 529, the circuit | 3 | | clerk shall first deduct and pay amounts
required by Sections | 4 | | 27.3a and 27.3c of this Act. This Section is a denial
and | 5 | | limitation of home rule powers and functions under subsection | 6 | | (h) of
Section 6 of Article VII of the Illinois Constitution.
| 7 | | (b) In addition to any other fines and court costs assessed | 8 | | by the courts,
any person convicted or receiving an order of | 9 | | supervision for driving under
the influence of alcohol or drugs | 10 | | shall pay an additional fee of $100 to the
clerk of the circuit | 11 | | court. This amount, less 2 1/2% that shall be used to
defray | 12 | | administrative costs incurred by the clerk, shall be remitted | 13 | | by the
clerk to the Treasurer within 60 days after receipt for | 14 | | deposit into the Trauma
Center Fund. This additional fee of | 15 | | $100 shall not be considered a part of the
fine for purposes of | 16 | | any reduction in the fine for time served either before or
| 17 | | after sentencing. Not later than March 1 of each year the | 18 | | Circuit Clerk shall
submit a report of the amount of funds | 19 | | remitted to the State Treasurer under
this subsection during | 20 | | the preceding calendar year.
| 21 | | (b-1) In addition to any other fines and court costs | 22 | | assessed by the courts,
any person convicted or receiving an | 23 | | order of supervision for driving under the
influence of alcohol | 24 | | or drugs shall pay an additional fee of $5 to the clerk
of the | 25 | | circuit court. This amount, less
2 1/2% that shall be used to | 26 | | defray administrative costs incurred by the clerk,
shall be |
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| 1 | | remitted by the clerk to the Treasurer within 60 days after | 2 | | receipt
for deposit into the Spinal Cord Injury Paralysis Cure | 3 | | Research Trust Fund.
This additional fee of $5 shall not
be | 4 | | considered a part of the fine for purposes of any reduction in | 5 | | the fine for
time served either before or after sentencing. Not | 6 | | later than March 1 of each
year the Circuit Clerk shall submit | 7 | | a report of the amount of funds remitted to
the State Treasurer | 8 | | under this subsection during the preceding calendar
year.
| 9 | | (c) In addition to any other fines and court costs assessed | 10 | | by the courts,
any person convicted for a violation of Sections | 11 | | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or the | 12 | | Criminal Code of 2012 or a person sentenced for a violation of | 13 | | the Cannabis
Control Act, the Illinois Controlled Substances | 14 | | Act, or the Methamphetamine Control and Community Protection | 15 | | Act
shall pay an additional fee of $100 to the clerk
of the | 16 | | circuit court. This amount, less
2 1/2% that shall be used to | 17 | | defray administrative costs incurred by the clerk,
shall be | 18 | | remitted by the clerk to the Treasurer within 60 days after | 19 | | receipt
for deposit into the Trauma Center Fund. This | 20 | | additional fee of $100 shall not
be considered a part of the | 21 | | fine for purposes of any reduction in the fine for
time served | 22 | | either before or after sentencing. Not later than March 1 of | 23 | | each
year the Circuit Clerk shall submit a report of the amount | 24 | | of funds remitted to
the State Treasurer under this subsection | 25 | | during the preceding calendar year.
| 26 | | (c-1) In addition to any other fines and court costs |
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| 1 | | assessed by the
courts, any person sentenced for a violation of | 2 | | the Cannabis Control Act,
the Illinois Controlled Substances | 3 | | Act, or the Methamphetamine Control and Community Protection | 4 | | Act shall pay an additional fee of $5 to the
clerk of the | 5 | | circuit court. This amount, less 2 1/2% that shall be used to
| 6 | | defray administrative costs incurred by the clerk, shall be | 7 | | remitted by the
clerk to the Treasurer within 60 days after | 8 | | receipt for deposit into the Spinal
Cord Injury Paralysis Cure | 9 | | Research Trust Fund. This additional fee of $5
shall not be | 10 | | considered a part of the fine for purposes of any reduction in | 11 | | the
fine for time served either before or after sentencing. Not | 12 | | later than March 1
of each year the Circuit Clerk shall submit | 13 | | a report of the amount of funds
remitted to the State Treasurer | 14 | | under this subsection during the preceding
calendar year.
| 15 | | (d) The following amounts must be remitted to the State | 16 | | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| 17 | | (1) 50% of the amounts collected for felony offenses | 18 | | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | 19 | | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | 20 | | Animals Act and Section 26-5 or 48-1 of the Criminal Code | 21 | | of
1961 or the Criminal Code of 2012;
| 22 | | (2) 20% of the amounts collected for Class A and Class | 23 | | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | 24 | | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | 25 | | for Animals Act and Section 26-5 or 48-1 of the Criminal
| 26 | | Code of 1961 or the Criminal Code of 2012; and
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| 1 | | (3) 50% of the amounts collected for Class C | 2 | | misdemeanors under Sections
4.01 and 7.1 of the Humane Care | 3 | | for Animals Act and Section 26-5 or 48-1 of the
Criminal | 4 | | Code of 1961 or the Criminal Code of 2012.
| 5 | | (e) Any person who receives a disposition of court | 6 | | supervision for a violation of the Illinois Vehicle Code or a | 7 | | similar provision of a local ordinance shall, in addition to | 8 | | any other fines, fees, and court costs, pay an additional fee | 9 | | of $29, to be disbursed as provided in Section 16-104c of the | 10 | | Illinois Vehicle Code. In addition to the fee of $29, the | 11 | | person shall also pay a fee of $6, if not waived by the court. | 12 | | If this $6 fee is collected, $5.50 of the fee shall be | 13 | | deposited into the Circuit Court Clerk Operation and | 14 | | Administrative Fund created by the Clerk of the Circuit Court | 15 | | and 50 cents of the fee shall be deposited into the Prisoner | 16 | | Review Board Vehicle and Equipment Fund in the State treasury.
| 17 | | (f) This Section does not apply to the additional child | 18 | | pornography fines assessed and collected under Section | 19 | | 5-9-1.14 of the Unified Code of Corrections.
| 20 | | (g) (Blank). | 21 | | (h) (Blank). | 22 | | (i)
Of the amounts collected as fines under subsection (b) | 23 | | of Section 3-712 of the Illinois Vehicle Code, 99% shall be | 24 | | deposited into the Illinois Military Family Relief Fund and 1% | 25 | | shall be deposited into the Circuit Court Clerk Operation and | 26 | | Administrative Fund created by the Clerk of the Circuit Court |
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| 1 | | to be used to offset the costs incurred by the Circuit Court | 2 | | Clerk in performing the additional duties required to collect | 3 | | and disburse funds to entities of State and local government as | 4 | | provided by law.
| 5 | | (j) Any person convicted of, pleading guilty to, or placed | 6 | | on supervision for a serious traffic violation, as defined in | 7 | | Section 1-187.001 of the Illinois Vehicle Code, a violation of | 8 | | Section 11-501 of the Illinois Vehicle Code, or a violation of | 9 | | a similar provision of a local ordinance shall pay an | 10 | | additional fee of $35, to be disbursed as provided in Section | 11 | | 16-104d of that Code. | 12 | | This subsection (j) becomes inoperative on January 1, 2020. | 13 | | (k) For any conviction or disposition of court supervision | 14 | | for a violation of Section 11-1429 of the Illinois Vehicle | 15 | | Code, the circuit clerk shall distribute the fines paid by the | 16 | | person as specified by subsection (h) of Section 11-1429 of the | 17 | | Illinois Vehicle Code. | 18 | | (l) Any person who receives a disposition of court | 19 | | supervision for a violation of Section 11-501 of the Illinois | 20 | | Vehicle Code or a similar provision of a local ordinance shall, | 21 | | in addition to any other fines, fees, and court costs, pay an | 22 | | additional fee of $50, which shall
be collected by the circuit | 23 | | clerk and then remitted to the State Treasurer for deposit into | 24 | | the Roadside Memorial Fund, a special fund in the State | 25 | | treasury. However, the court may waive the fee if full | 26 | | restitution is complied with. Subject to appropriation, all |
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| 1 | | moneys in the Roadside Memorial Fund shall be used by the | 2 | | Department of Transportation to pay fees imposed under | 3 | | subsection (f) of Section 20 of the Roadside Memorial Act. The | 4 | | fee shall be remitted by the circuit clerk within one month | 5 | | after receipt to the State Treasurer for deposit into the | 6 | | Roadside Memorial Fund. | 7 | | (m) Of the amounts collected as fines under subsection (c) | 8 | | of Section 411.4 of the Illinois Controlled Substances Act or | 9 | | subsection (c) of Section 90 of the Methamphetamine Control and | 10 | | Community Protection Act, 99% shall be deposited to the law | 11 | | enforcement agency or fund specified and 1% shall be deposited | 12 | | into the Circuit Court Clerk Operation and Administrative Fund | 13 | | to be used to offset the costs incurred by the Circuit Court | 14 | | Clerk in performing the additional duties required to collect | 15 | | and disburse funds to entities of State and local government as | 16 | | provided by law. | 17 | | (n) In addition to any other fines and court costs assessed | 18 | | by the courts, any person who is convicted of or pleads guilty | 19 | | to a violation of the Criminal Code of 1961 or the Criminal | 20 | | Code of 2012, or a similar provision of a local ordinance, or | 21 | | who is convicted of, pleads guilty to, or receives a | 22 | | disposition of court supervision for a violation of the | 23 | | Illinois Vehicle Code, or a similar provision of a local | 24 | | ordinance, or the Criminal Code of 1961 or the Criminal Code of | 25 | | 2012, the court shall impose pay an additional fine fee of $15 | 26 | | to the clerk of the circuit court. This additional fine fee of |
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| 1 | | $15 shall not be considered a part of the fine for purposes of | 2 | | any reduction in the fine for time served either before or | 3 | | after sentencing. This amount , less 2.5% that shall be used to | 4 | | defray administrative costs incurred by the clerk, shall be | 5 | | remitted by the clerk to the State Treasurer within 60 days | 6 | | after receipt for deposit into the State Police Merit Board | 7 | | Public Safety Fund for distribution as provided under Section | 8 | | 7.2 of the State Police Act. Of this fine, 2.5% shall be | 9 | | deposited into the Circuit Court Clerk Operation and | 10 | | Administration Fund created by the clerk of the circuit court | 11 | | to be used to offset the costs incurred by the circuit court | 12 | | clerk in performing the additional duties required to collect | 13 | | and disburse funds as provided by law . | 14 | | (o) The amounts collected as fines under Sections 10-9, | 15 | | 11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall | 16 | | be collected by the circuit clerk and distributed as provided | 17 | | under Section 5-9-1.21 of the Unified Code of Corrections in | 18 | | lieu of any disbursement under subsection (a) of this Section. | 19 | | (p) In addition to any other fees and penalties imposed, | 20 | | any person who is convicted of or pleads guilty to a violation | 21 | | of Section 20-1 or Section 20-1.1 of the Criminal Code of 2012 | 22 | | shall pay an additional fee of $250 to the clerk of the circuit | 23 | | court. This additional fee of $250 shall not be considered a | 24 | | part of the fine for purposes of any reduction in the fine for | 25 | | time served either before or after sentencing. This amount, | 26 | | less 2.5% that shall be used to defray administrative costs |
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| 1 | | incurred by the clerk, shall be remitted by the clerk to the | 2 | | Department of Insurance within 60 days after receipt for | 3 | | deposit into the George Bailey Memorial Fund. | 4 | | (Source: P.A. 98-658, eff. 6-23-14; 98-1013, eff. 1-1-15; | 5 | | 99-78, eff. 7-20-15; 99-455, eff. 1-1-16 .) | 6 | | (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667, | 7 | | 96-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150, | 8 | | 98-658, 98-1013, 99-78, and 99-455) | 9 | | Sec. 27.6. (a) All fees, fines, costs, additional | 10 | | penalties, bail balances
assessed or forfeited, and any other | 11 | | amount paid by a person to the circuit
clerk equalling an | 12 | | amount of $55 or more, except the fine imposed by Section | 13 | | 5-9-1.15
of the Unified Code of Corrections, the additional fee | 14 | | required
by subsections (b) and (c), restitution under Section | 15 | | 5-5-6 of the
Unified Code of Corrections, contributions to a | 16 | | local anti-crime program ordered pursuant to Section | 17 | | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | 18 | | Corrections, reimbursement for the costs of an emergency
| 19 | | response as provided under Section 11-501 of the Illinois | 20 | | Vehicle Code,
any fees collected for attending a traffic safety | 21 | | program under paragraph (c)
of Supreme Court Rule 529, any fee | 22 | | collected on behalf of a State's Attorney
under Section 4-2002 | 23 | | of the Counties Code or a sheriff under Section 4-5001
of the | 24 | | Counties Code, or any cost imposed under Section 124A-5 of the | 25 | | Code of
Criminal Procedure of 1963, for convictions, orders of |
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| 1 | | supervision, or any
other disposition for a violation of | 2 | | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | 3 | | similar provision of a local ordinance, and any
violation of | 4 | | the Child Passenger Protection Act, or a similar provision of a
| 5 | | local ordinance, and except as otherwise provided in this | 6 | | Section
shall be disbursed
within 60 days after receipt by the | 7 | | circuit
clerk as follows: 44.5% shall be disbursed to the | 8 | | entity authorized by law to
receive the fine imposed in the | 9 | | case; 16.825% shall be disbursed to the State
Treasurer; and | 10 | | 38.675% shall be disbursed to the county's general corporate
| 11 | | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | 12 | | shall be deposited
by the State Treasurer into the Violent | 13 | | Crime Victims Assistance Fund, 5.052/17
shall be deposited into | 14 | | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall | 15 | | be deposited into the Drivers Education Fund, and 6.948/17 | 16 | | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 | 17 | | deposited into the
Trauma Center Fund from the 16.825% | 18 | | disbursed to the State Treasurer, 50% shall
be disbursed to the | 19 | | Department of Public Health and 50% shall be disbursed to
the | 20 | | Department of Healthcare and Family Services. For fiscal year | 21 | | 1993, amounts deposited into
the Violent Crime Victims | 22 | | Assistance Fund, the Traffic and Criminal
Conviction Surcharge | 23 | | Fund, or the Drivers Education Fund shall not exceed 110%
of | 24 | | the amounts deposited into those funds in fiscal year 1991. Any
| 25 | | amount that exceeds the 110% limit shall be distributed as | 26 | | follows: 50%
shall be disbursed to the county's general |
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| 1 | | corporate fund and 50% shall be
disbursed to the entity | 2 | | authorized by law to receive the fine imposed in
the case. Not | 3 | | later than March 1 of each year the circuit clerk
shall submit | 4 | | a report of the amount of funds remitted to the State
Treasurer | 5 | | under this Section during the preceding year based upon
| 6 | | independent verification of fines and fees. All counties shall | 7 | | be subject
to this Section, except that counties with a | 8 | | population under 2,000,000
may, by ordinance, elect not to be | 9 | | subject to this Section. For offenses
subject to this Section, | 10 | | judges shall impose one total sum of money payable
for | 11 | | violations. The circuit clerk may add on no additional amounts | 12 | | except
for amounts that are required by Sections 27.3a and | 13 | | 27.3c of
this Act, Section 16-104c of the Illinois Vehicle | 14 | | Code, and subsection (a) of Section 5-1101 of the Counties | 15 | | Code, unless those amounts are specifically waived by the | 16 | | judge. With
respect to money collected by the circuit clerk as | 17 | | a result of
forfeiture of bail, ex parte judgment or guilty | 18 | | plea pursuant to Supreme
Court Rule 529, the circuit clerk | 19 | | shall first deduct and pay amounts
required by Sections 27.3a | 20 | | and 27.3c of this Act. Unless a court ordered payment schedule | 21 | | is implemented or fee requirements are waived pursuant to court | 22 | | order, the clerk of the court may add to any unpaid fees and | 23 | | costs a delinquency amount equal to 5% of the unpaid fees that | 24 | | remain unpaid after 30 days, 10% of the unpaid fees that remain | 25 | | unpaid after 60 days, and 15% of the unpaid fees that remain | 26 | | unpaid after 90 days. Notice to those parties may be made by |
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| 1 | | signage posting or publication. The additional delinquency | 2 | | amounts collected under this Section shall be deposited in the | 3 | | Circuit Court Clerk Operation and Administrative Fund to be | 4 | | used to defray administrative costs incurred by the circuit | 5 | | clerk in performing the duties required to collect and disburse | 6 | | funds. This Section is a denial
and limitation of home rule | 7 | | powers and functions under subsection (h) of
Section 6 of | 8 | | Article VII of the Illinois Constitution.
| 9 | | (b) In addition to any other fines and court costs assessed | 10 | | by the courts,
any person convicted or receiving an order of | 11 | | supervision for driving under
the influence of alcohol or drugs | 12 | | shall pay an additional fee of $100 to the
clerk of the circuit | 13 | | court. This amount, less 2 1/2% that shall be used to
defray | 14 | | administrative costs incurred by the clerk, shall be remitted | 15 | | by the
clerk to the Treasurer within 60 days after receipt for | 16 | | deposit into the Trauma
Center Fund. This additional fee of | 17 | | $100 shall not be considered a part of the
fine for purposes of | 18 | | any reduction in the fine for time served either before or
| 19 | | after sentencing. Not later than March 1 of each year the | 20 | | Circuit Clerk shall
submit a report of the amount of funds | 21 | | remitted to the State Treasurer under
this subsection during | 22 | | the preceding calendar year.
| 23 | | (b-1) In addition to any other fines and court costs | 24 | | assessed by the courts,
any person convicted or receiving an | 25 | | order of supervision for driving under the
influence of alcohol | 26 | | or drugs shall pay an additional fee of $5 to the clerk
of the |
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| 1 | | circuit court. This amount, less
2 1/2% that shall be used to | 2 | | defray administrative costs incurred by the clerk,
shall be | 3 | | remitted by the clerk to the Treasurer within 60 days after | 4 | | receipt
for deposit into the Spinal Cord Injury Paralysis Cure | 5 | | Research Trust Fund.
This additional fee of $5 shall not
be | 6 | | considered a part of the fine for purposes of any reduction in | 7 | | the fine for
time served either before or after sentencing. Not | 8 | | later than March 1 of each
year the Circuit Clerk shall submit | 9 | | a report of the amount of funds remitted to
the State Treasurer | 10 | | under this subsection during the preceding calendar
year.
| 11 | | (c) In addition to any other fines and court costs assessed | 12 | | by the courts,
any person convicted for a violation of Sections | 13 | | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or the | 14 | | Criminal Code of 2012 or a person sentenced for a violation of | 15 | | the Cannabis
Control Act, the Illinois Controlled Substances | 16 | | Act, or the Methamphetamine Control and Community Protection | 17 | | Act
shall pay an additional fee of $100 to the clerk
of the | 18 | | circuit court. This amount, less
2 1/2% that shall be used to | 19 | | defray administrative costs incurred by the clerk,
shall be | 20 | | remitted by the clerk to the Treasurer within 60 days after | 21 | | receipt
for deposit into the Trauma Center Fund. This | 22 | | additional fee of $100 shall not
be considered a part of the | 23 | | fine for purposes of any reduction in the fine for
time served | 24 | | either before or after sentencing. Not later than March 1 of | 25 | | each
year the Circuit Clerk shall submit a report of the amount | 26 | | of funds remitted to
the State Treasurer under this subsection |
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| 1 | | during the preceding calendar year.
| 2 | | (c-1) In addition to any other fines and court costs | 3 | | assessed by the
courts, any person sentenced for a violation of | 4 | | the Cannabis Control Act,
the Illinois Controlled Substances | 5 | | Act, or the Methamphetamine Control and Community Protection | 6 | | Act shall pay an additional fee of $5 to the
clerk of the | 7 | | circuit court. This amount, less 2 1/2% that shall be used to
| 8 | | defray administrative costs incurred by the clerk, shall be | 9 | | remitted by the
clerk to the Treasurer within 60 days after | 10 | | receipt for deposit into the Spinal
Cord Injury Paralysis Cure | 11 | | Research Trust Fund. This additional fee of $5
shall not be | 12 | | considered a part of the fine for purposes of any reduction in | 13 | | the
fine for time served either before or after sentencing. Not | 14 | | later than March 1
of each year the Circuit Clerk shall submit | 15 | | a report of the amount of funds
remitted to the State Treasurer | 16 | | under this subsection during the preceding
calendar year.
| 17 | | (d) The following amounts must be remitted to the State | 18 | | Treasurer 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 |
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| 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 | 8 | | supervision for a violation of the Illinois Vehicle Code or a | 9 | | similar provision of a local ordinance shall, in addition to | 10 | | any other fines, fees, and court costs, pay an additional fee | 11 | | of $29, to be disbursed as provided in Section 16-104c of the | 12 | | Illinois Vehicle Code. In addition to the fee of $29, the | 13 | | person shall also pay a fee of $6, if not waived by the court. | 14 | | If this $6 fee is collected, $5.50 of the fee shall be | 15 | | deposited into the Circuit Court Clerk Operation and | 16 | | Administrative Fund created by the Clerk of the Circuit Court | 17 | | and 50 cents of the fee shall be deposited into the Prisoner | 18 | | Review Board Vehicle and Equipment Fund in the State treasury.
| 19 | | (f) This Section does not apply to the additional child | 20 | | pornography fines assessed and collected under Section | 21 | | 5-9-1.14 of the Unified Code of Corrections.
| 22 | | (g) Any person convicted of or pleading guilty to a serious | 23 | | traffic violation, as defined in Section 1-187.001 of the | 24 | | Illinois Vehicle Code, shall pay an additional fee of $35, to | 25 | | be disbursed as provided in Section 16-104d of that Code. This | 26 | | subsection (g) becomes inoperative on January 1, 2020. |
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| 1 | | (h) In all counties having a population of 3,000,000 or | 2 | | more inhabitants, | 3 | | (1) A person who is found guilty of or pleads guilty to | 4 | | violating subsection (a) of Section 11-501 of the Illinois | 5 | | Vehicle Code, including any person placed on court | 6 | | supervision for violating subsection (a), shall be fined | 7 | | $750 as provided for by subsection (f) of Section 11-501.01 | 8 | | of the Illinois Vehicle Code, payable to the circuit clerk, | 9 | | who shall distribute the money pursuant to subsection (f) | 10 | | of Section 11-501.01 of the Illinois Vehicle Code. | 11 | | (2) When a crime laboratory DUI analysis fee of $150, | 12 | | provided for by Section 5-9-1.9 of the Unified Code of | 13 | | Corrections is assessed, it shall be disbursed by the | 14 | | circuit clerk as provided by subsection (f) of Section | 15 | | 5-9-1.9 of the Unified Code of Corrections. | 16 | | (3) When a fine for a violation of Section 11-605.1 of | 17 | | the Illinois Vehicle Code is $250 or greater, the person | 18 | | who violated that Section shall be charged an additional | 19 | | $125 as provided for by subsection (e) of Section 11-605.1 | 20 | | of the Illinois Vehicle Code, which shall be disbursed by | 21 | | the circuit clerk to a State or county Transportation | 22 | | Safety Highway Hire-back Fund as provided by subsection (e) | 23 | | of Section 11-605.1 of the Illinois Vehicle Code. | 24 | | (4) When a fine for a violation of subsection (a) of | 25 | | Section 11-605 of the Illinois Vehicle Code is $150 or | 26 | | greater, the additional $50 which is charged as provided |
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| 1 | | for by subsection (f) of Section 11-605 of the Illinois | 2 | | Vehicle Code shall be disbursed by the circuit clerk to a | 3 | | school district or districts for school safety purposes as | 4 | | provided by subsection (f) of Section 11-605. | 5 | | (5) When a fine for a violation of subsection (a) of | 6 | | Section 11-1002.5 of the Illinois Vehicle Code is $150 or | 7 | | greater, the additional $50 which is charged as provided | 8 | | for by subsection (c) of Section 11-1002.5 of the Illinois | 9 | | Vehicle Code shall be disbursed by the circuit clerk to a | 10 | | school district or districts for school safety purposes as | 11 | | provided by subsection (c) of Section 11-1002.5 of the | 12 | | Illinois Vehicle Code. | 13 | | (6) When a mandatory drug court fee of up to $5 is | 14 | | assessed as provided in subsection (f) of Section 5-1101 of | 15 | | the Counties Code, it shall be disbursed by the circuit | 16 | | clerk as provided in subsection (f) of Section 5-1101 of | 17 | | the Counties Code. | 18 | | (7) When a mandatory teen court, peer jury, youth | 19 | | court, or other youth diversion program fee is assessed as | 20 | | provided in subsection (e) of Section 5-1101 of the | 21 | | Counties Code, it shall be disbursed by the circuit clerk | 22 | | as provided in subsection (e) of Section 5-1101 of the | 23 | | Counties Code. | 24 | | (8) When a Children's Advocacy Center fee is assessed | 25 | | pursuant to subsection (f-5) of Section 5-1101 of the | 26 | | Counties Code, it shall be disbursed by the circuit clerk |
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| 1 | | as provided in subsection (f-5) of Section 5-1101 of the | 2 | | Counties Code. | 3 | | (9) When a victim impact panel fee is assessed pursuant | 4 | | to subsection (b) of Section 11-501.01 of the Vehicle Code, | 5 | | it shall be disbursed by the circuit clerk to the victim | 6 | | impact panel to be attended by the defendant. | 7 | | (10) When a new fee collected in traffic cases is | 8 | | enacted after the effective date of this subsection (h), it | 9 | | shall be excluded from the percentage disbursement | 10 | | provisions of this Section unless otherwise indicated by | 11 | | law. | 12 | | (i)
Of the amounts collected as fines under subsection (b) | 13 | | of Section 3-712 of the Illinois Vehicle Code, 99% shall be | 14 | | deposited into the Illinois Military Family Relief Fund and 1% | 15 | | shall be deposited into the Circuit Court Clerk Operation and | 16 | | Administrative Fund created by the Clerk of the Circuit Court | 17 | | to be used to offset the costs incurred by the Circuit Court | 18 | | Clerk in performing the additional duties required to collect | 19 | | and disburse funds to entities of State and local government as | 20 | | provided by law.
| 21 | | (j) (Blank). | 22 | | (k) For any conviction or disposition of court supervision | 23 | | for a violation of Section 11-1429 of the Illinois Vehicle | 24 | | Code, the circuit clerk shall distribute the fines paid by the | 25 | | person as specified by subsection (h) of Section 11-1429 of the | 26 | | Illinois Vehicle Code. |
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| 1 | | (l) Any person who receives a disposition of court | 2 | | supervision for a violation of Section 11-501 of the Illinois | 3 | | Vehicle Code or a similar provision of a local ordinance shall, | 4 | | in addition to any other fines, fees, and court costs, pay an | 5 | | additional fee of $50, which shall
be collected by the circuit | 6 | | clerk and then remitted to the State Treasurer for deposit into | 7 | | the Roadside Memorial Fund, a special fund in the State | 8 | | treasury. However, the court may waive the fee if full | 9 | | restitution is complied with. Subject to appropriation, all | 10 | | moneys in the Roadside Memorial Fund shall be used by the | 11 | | Department of Transportation to pay fees imposed under | 12 | | subsection (f) of Section 20 of the Roadside Memorial Act. The | 13 | | fee shall be remitted by the circuit clerk within one month | 14 | | after receipt to the State Treasurer for deposit into the | 15 | | Roadside Memorial Fund. | 16 | | (m) Of the amounts collected as fines under subsection (c) | 17 | | of Section 411.4 of the Illinois Controlled Substances Act or | 18 | | subsection (c) of Section 90 of the Methamphetamine Control and | 19 | | Community Protection Act, 99% shall be deposited to the law | 20 | | enforcement agency or fund specified and 1% shall be deposited | 21 | | into the Circuit Court Clerk Operation and Administrative Fund | 22 | | to be used to offset the costs incurred by the Circuit Court | 23 | | Clerk in performing the additional duties required to collect | 24 | | and disburse funds to entities of State and local government as | 25 | | provided by law. | 26 | | (n) In addition to any other fines and court costs assessed |
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| 1 | | by the courts, any person who is convicted of or pleads guilty | 2 | | to a violation of the Criminal Code of 1961 or the Criminal | 3 | | Code of 2012, or a similar provision of a local ordinance, or | 4 | | who is convicted of, pleads guilty to, or receives a | 5 | | disposition of court supervision for a violation of the | 6 | | Illinois Vehicle Code, or a similar provision of a local | 7 | | ordinance, or the Criminal Code of 1961 or the Criminal Code of | 8 | | 2012, the court shall impose pay an additional fine fee of $15 | 9 | | to the clerk of the circuit court. This additional fine fee of | 10 | | $15 shall not be considered a part of the fine for purposes of | 11 | | any reduction in the fine for time served either before or | 12 | | after sentencing. This amount , less 2.5% that shall be used to | 13 | | defray administrative costs incurred by the clerk, shall be | 14 | | remitted by the clerk to the State Treasurer within 60 days | 15 | | after receipt for deposit into the State Police Merit Board | 16 | | Public Safety Fund for distribution as provided under Section | 17 | | 7.2 of the State Police Act. Of this fine, 2.5% shall be | 18 | | deposited into the Circuit Court Clerk Operation and | 19 | | Administration Fund created by the clerk of the circuit court | 20 | | to be used to offset the costs incurred by the circuit court | 21 | | clerk in performing the additional duties required to collect | 22 | | and disburse funds as provided by law . | 23 | | (o) The amounts collected as fines under Sections 10-9, | 24 | | 11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall | 25 | | be collected by the circuit clerk and distributed as provided | 26 | | under Section 5-9-1.21 of the Unified Code of Corrections in |
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| 1 | | lieu of any disbursement under subsection (a) of this Section. | 2 | | (p) In addition to any other fees and penalties imposed, | 3 | | any person who is convicted of or pleads guilty to a violation | 4 | | of Section 20-1 or Section 20-1.1 of the Criminal Code of 2012 | 5 | | shall pay an additional fee of $250 to the clerk of the circuit | 6 | | court. This additional fee of $250 shall not be considered a | 7 | | part of the fine for purposes of any reduction in the fine for | 8 | | time served either before or after sentencing. This amount, | 9 | | less 2.5% that shall be used to defray administrative costs | 10 | | incurred by the clerk, shall be remitted by the clerk to the | 11 | | Department of Insurance within 60 days after receipt for | 12 | | deposit into the George Bailey Memorial Fund. | 13 | | (Source: P.A. 98-658, eff. 6-23-14; 98-1013, eff. 1-1-15; | 14 | | 99-78, eff. 7-20-15; 99-455, eff. 1-1-16.) | 15 | | Section 20. The Unified Code of Corrections is amended by | 16 | | adding Section 5-9-1.22 as follows: | 17 | | (730 ILCS 5/5-9-1.22 new) | 18 | | Sec. 5-9-1.22. Additional public safety fines. In addition | 19 | | to any other fines imposed by the court, any person who is | 20 | | convicted of, or receives a disposition of court supervision, | 21 | | for any violation of the Criminal Code of 1961 or the Criminal | 22 | | Code of 2012, the court shall impose an additional fine of $15 | 23 | | payable to the clerk of the circuit court. This additional fine | 24 | | of $15 shall not be considered a part of the fine for purposes |
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| 1 | | of reducing the fine for time served, either before or after | 2 | | sentencing. This additional fine shall be remitted by the clerk | 3 | | to the State Treasurer within 60 days after receipt for deposit | 4 | | into the State Police Merit Board Public Safety Fund for | 5 | | distribution as provided under Section 7.2 of the State Police | 6 | | Act. Of this fine, 2.5% shall be deposited into the Circuit | 7 | | Court Clerk Operation and Administration Fund created by the | 8 | | clerk of the circuit court to be used to offset the costs | 9 | | incurred by the circuit court clerk in performing the | 10 | | additional duties required to collect and disburse funds as | 11 | | provided by law.
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