Full Text of HB3586 095th General Assembly
HB3586enr 95TH GENERAL ASSEMBLY
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HB3586 Enrolled |
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LRB095 10163 RLC 30377 b |
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| AN ACT concerning criminal law.
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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 State Finance Act is amended by adding | 5 |
| Section 5.675 as follows: | 6 |
| (30 ILCS 105/5.675 new) | 7 |
| Sec. 5.675. The Sex Offender Investigation Fund. | 8 |
| Section 10. The Clerks of Courts Act is amended by changing | 9 |
| Section 27.6 as follows: | 10 |
| (705 ILCS 105/27.6)
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| Sec. 27.6. (a) All fees, fines, costs, additional | 12 |
| penalties, bail balances
assessed or forfeited, and any other | 13 |
| amount paid by a person to the circuit
clerk equalling an | 14 |
| amount of $55 or more, except the fine imposed by Section | 15 |
| 5-9-1.14 of the Unified Code of Corrections, the additional fee | 16 |
| required
by subsections (b) and (c), restitution under Section | 17 |
| 5-5-6 of the
Unified Code of Corrections, reimbursement for the | 18 |
| costs of an emergency
response as provided under Section 11-501 | 19 |
| of the Illinois Vehicle Code,
any fees collected for attending | 20 |
| a traffic safety program under paragraph (c)
of Supreme Court | 21 |
| Rule 529, any fee collected on behalf of a State's Attorney
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LRB095 10163 RLC 30377 b |
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| under Section 4-2002 of the Counties Code or a sheriff under | 2 |
| Section 4-5001
of the Counties Code, or any cost imposed under | 3 |
| Section 124A-5 of the Code of
Criminal Procedure of 1963, for | 4 |
| convictions, orders of supervision, or any
other disposition | 5 |
| for a violation of Chapters 3, 4, 6, 11, and 12 of the
Illinois | 6 |
| Vehicle Code, or a similar provision of a local ordinance, and | 7 |
| any
violation of the Child Passenger Protection Act, or a | 8 |
| similar provision of a
local ordinance, and except as provided | 9 |
| in subsection (d) shall be disbursed
within 60 days after | 10 |
| receipt by the circuit
clerk as follows: 44.5% shall be | 11 |
| disbursed to the entity authorized by law to
receive the fine | 12 |
| imposed in the case; 16.825% shall be disbursed to the State
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| Treasurer; and 38.675% shall be disbursed to the county's | 14 |
| general corporate
fund. Of the 16.825% disbursed to the State | 15 |
| Treasurer, 2/17 shall be deposited
by the State Treasurer into | 16 |
| the Violent Crime Victims Assistance Fund, 5.052/17
shall be | 17 |
| deposited into the Traffic and Criminal Conviction Surcharge | 18 |
| Fund,
3/17 shall be deposited into the Drivers Education Fund, | 19 |
| and 6.948/17 shall be
deposited into the Trauma Center Fund. Of | 20 |
| the 6.948/17 deposited into the
Trauma Center Fund from the | 21 |
| 16.825% disbursed to the State Treasurer, 50% shall
be | 22 |
| disbursed to the Department of Public Health and 50% shall be | 23 |
| disbursed to
the Department of Healthcare and Family Services. | 24 |
| For fiscal year 1993, amounts deposited into
the Violent Crime | 25 |
| Victims Assistance Fund, the Traffic and Criminal
Conviction | 26 |
| Surcharge Fund, or the Drivers Education Fund shall not exceed |
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| 110%
of the amounts deposited into those funds in fiscal year | 2 |
| 1991. Any
amount that exceeds the 110% limit shall be | 3 |
| distributed as follows: 50%
shall be disbursed to the county's | 4 |
| general corporate fund and 50% shall be
disbursed to the entity | 5 |
| authorized by law to receive the fine imposed in
the case. 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 Section during the preceding year based upon
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| independent verification of fines and fees. All counties shall | 10 |
| be subject
to this Section, except that counties with a | 11 |
| population under 2,000,000
may, by ordinance, elect not to be | 12 |
| subject to this Section. For offenses
subject to this Section, | 13 |
| judges shall impose one total sum of money payable
for | 14 |
| violations. The circuit clerk may add on no additional amounts | 15 |
| except
for amounts that are required by Sections 27.3a and | 16 |
| 27.3c of
this Act, unless those amounts are specifically waived | 17 |
| by the judge. With
respect to money collected by the circuit | 18 |
| clerk as a result of
forfeiture of bail, ex parte judgment or | 19 |
| guilty plea pursuant to Supreme
Court Rule 529, the circuit | 20 |
| clerk shall first deduct and pay amounts
required by Sections | 21 |
| 27.3a and 27.3c of this Act. This Section is a denial
and | 22 |
| limitation of home rule powers and functions under subsection | 23 |
| (h) of
Section 6 of Article VII of the Illinois Constitution.
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| (b) In addition to any other fines and court costs assessed | 25 |
| by the courts,
any person convicted or receiving an order of | 26 |
| supervision for driving under
the influence of alcohol or drugs |
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| shall pay an additional fee of $100 to the
clerk of the circuit | 2 |
| court. This amount, less 2 1/2% that shall be used to
defray | 3 |
| administrative costs incurred by the clerk, shall be remitted | 4 |
| by the
clerk to the Treasurer within 60 days after receipt for | 5 |
| deposit into the Trauma
Center Fund. This additional fee of | 6 |
| $100 shall not be considered a part of the
fine for purposes of | 7 |
| any reduction in the fine for time served either before or
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| after sentencing. Not later than March 1 of each year the | 9 |
| Circuit Clerk shall
submit a report of the amount of funds | 10 |
| remitted to the State Treasurer under
this subsection during | 11 |
| the preceding calendar year.
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| (b-1) In addition to any other fines and court costs | 13 |
| assessed by the courts,
any person convicted or receiving an | 14 |
| order of supervision for driving under the
influence of alcohol | 15 |
| or drugs shall pay an additional fee of $5 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 Spinal Cord Injury Paralysis Cure | 20 |
| Research Trust Fund.
This additional fee of $5 shall not
be | 21 |
| considered a part of the fine for purposes of any reduction in | 22 |
| the fine for
time served either before or after sentencing. Not | 23 |
| later than March 1 of each
year the Circuit Clerk shall submit | 24 |
| a report of the amount of funds remitted to
the State Treasurer | 25 |
| under this subsection during the preceding calendar
year.
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| (c) In addition to any other fines and court costs assessed |
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LRB095 10163 RLC 30377 b |
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| by the courts,
any person convicted for a violation of Sections | 2 |
| 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or a | 3 |
| person sentenced for a violation of the Cannabis
Control Act, | 4 |
| the Illinois Controlled Substances Act, or the Methamphetamine | 5 |
| Control and Community Protection Act
shall pay an additional | 6 |
| fee of $100 to the clerk
of the circuit court. This amount, | 7 |
| less
2 1/2% that shall be used to defray administrative costs | 8 |
| incurred by the clerk,
shall be remitted by the clerk to the | 9 |
| Treasurer within 60 days after receipt
for deposit into the | 10 |
| Trauma Center Fund. This additional fee of $100 shall not
be | 11 |
| considered a part of the fine for purposes of any reduction in | 12 |
| the fine for
time served either before or after sentencing. Not | 13 |
| later than March 1 of each
year the Circuit Clerk shall submit | 14 |
| a report of the amount of funds remitted to
the State Treasurer | 15 |
| under this subsection during the preceding calendar year.
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| (c-1) In addition to any other fines and court costs | 17 |
| assessed by the
courts, any person sentenced for a violation of | 18 |
| the Cannabis Control Act,
the Illinois Controlled Substances | 19 |
| Act, or the Methamphetamine Control and Community Protection | 20 |
| Act shall pay an additional fee of $5 to the
clerk of the | 21 |
| circuit court. This amount, less 2 1/2% that shall be used to
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| defray administrative costs incurred by the clerk, shall be | 23 |
| remitted by the
clerk to the Treasurer within 60 days after | 24 |
| receipt for deposit into the Spinal
Cord Injury Paralysis Cure | 25 |
| Research Trust Fund. This additional fee of $5
shall not be | 26 |
| considered a part of the fine for purposes of any reduction in |
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HB3586 Enrolled |
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LRB095 10163 RLC 30377 b |
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| the
fine for time served either before or after sentencing. Not | 2 |
| later than March 1
of each year the Circuit Clerk shall submit | 3 |
| a report of the amount of funds
remitted to the State Treasurer | 4 |
| under this subsection during the preceding
calendar year.
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| (d) The following amounts must be remitted to the State | 6 |
| Treasurer for
deposit into the Illinois Animal Abuse Fund:
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| (1) 50% of the amounts collected for felony offenses | 8 |
| under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | 9 |
| 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | 10 |
| 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 | 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 of the Criminal
Code of | 15 |
| 1961; and
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| (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 of the
Criminal Code of | 19 |
| 1961.
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| (e) Any person who receives a disposition of court | 21 |
| supervision for a violation of the Illinois Vehicle Code shall, | 22 |
| in addition to any other fines, fees, and court costs, pay an | 23 |
| additional fee of $20, to be disbursed as provided in Section | 24 |
| 16-104c of the Illinois Vehicle Code. In addition to the fee of | 25 |
| $20, the person shall also pay a fee of $5, if not waived by the | 26 |
| court. If this $5 fee is collected, $4.50 of the fee shall be |
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| deposited into the Circuit Court Clerk Operation and | 2 |
| Administrative Fund created by the Clerk of the Circuit Court | 3 |
| and 50 cents of the fee shall be deposited into the Prisoner | 4 |
| Review Board Vehicle and Equipment Fund in the State treasury.
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| (Source: P.A. 93-800, eff. 1-1-05; 94-556, eff. 9-11-05; | 6 |
| 94-1009, eff. 1-1-07.)
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| Section 15. The Unified Code of Corrections is amended by | 8 |
| adding Section 5-9-1.14 as follows: | 9 |
| (730 ILCS 5/5-9-1.14 new) | 10 |
| Sec. 5-9-1.14. Sex offender fines. | 11 |
| (a) There shall be added to
every penalty imposed in | 12 |
| sentencing for a sex offense as defined in Section 2 of the Sex | 13 |
| Offender Registration Act an
additional fine in the amount of | 14 |
| $500 to be imposed upon a plea of guilty,
stipulation of facts | 15 |
| or finding of guilty resulting in a judgment of
conviction or | 16 |
| order of supervision. | 17 |
| (b) Such additional amount shall be assessed by the court | 18 |
| imposing sentence
and shall be collected by the circuit clerk | 19 |
| in addition to the fine, if
any, and costs in the case. Each | 20 |
| such additional penalty shall be remitted
by the circuit clerk | 21 |
| within one month after receipt to the State Treasurer
for | 22 |
| deposit into the Sex Offender Investigation Fund. The
circuit | 23 |
| clerk shall retain 10% of such penalty for deposit into the | 24 |
| Circuit Court Clerk Operation and Administrative Fund created |
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LRB095 10163 RLC 30377 b |
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| by the Clerk of the Circuit Court to cover the costs incurred
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| in administering and enforcing this Section. Such additional | 3 |
| penalty shall
not be considered a part of the fine for purposes | 4 |
| of any reduction in the
fine for time served either before or | 5 |
| after sentencing.
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| (c) Not later than March 1 of each year the clerk of the | 7 |
| circuit court shall
submit to the State Comptroller a report of | 8 |
| the amount of funds remitted by
him or her to the State | 9 |
| Treasurer under this Section during the preceding calendar
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| year. Except as otherwise provided by Supreme Court Rules, if a | 11 |
| court in
sentencing an offender levies a gross amount for fine, | 12 |
| costs, fees and
penalties, the amount of the additional penalty | 13 |
| provided for herein shall
be collected from the amount | 14 |
| remaining after deducting from the gross
amount levied all fees | 15 |
| of the circuit clerk, the State's Attorney, and the
sheriff. | 16 |
| After deducting from the gross amount levied the fees and
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| additional penalty provided for herein, less any other | 18 |
| additional penalties
provided by law, the clerk shall remit | 19 |
| $100 of each $500 additional fine imposed under this Section to | 20 |
| the State's Attorney of the county which prosecuted the case or | 21 |
| the local law enforcement agency that investigated the case | 22 |
| leading to the defendant's judgment of conviction or order of | 23 |
| supervision and after such remission the net balance remaining | 24 |
| to the
entity authorized by law to receive the fine imposed in | 25 |
| the case. For
purposes of this Section "fees of the circuit | 26 |
| clerk" shall include, if
applicable, the fee provided for under |
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HB3586 Enrolled |
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LRB095 10163 RLC 30377 b |
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| Section 27.3a of the Clerks of
Courts Act and the fee, if | 2 |
| applicable, payable to the county in which the
violation | 3 |
| occurred under Section 5-1101 of the Counties Code. | 4 |
| (d) Subject to appropriation, moneys in the Sex Offender | 5 |
| Investigation Fund shall be used by the Department of State | 6 |
| Police to investigate alleged sex offenses and to make grants | 7 |
| to local law enforcement agencies to investigate alleged sex | 8 |
| offenses as such grants are awarded by the Director of State | 9 |
| Police under rules established by the Director of State Police.
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