Full Text of HB4289 95th General Assembly
HB4289eng 95TH GENERAL ASSEMBLY
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HB4289 Engrossed |
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LRB095 15492 RLC 41485 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 Violent Crime Victims Assistance Act is | 5 |
| amended by changing Section 10 as follows:
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| (725 ILCS 240/10) (from Ch. 70, par. 510)
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| Sec. 10. Violent Crime Victims Assistance Fund.
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| (a) The "Violent Crime Victims Assistance Fund" is created | 9 |
| as a special
fund in the State Treasury to provide monies for | 10 |
| the grants to be awarded
under this Act.
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| (b) On and after September 18, 1986, there shall be an | 12 |
| additional penalty
collected from each defendant upon
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| conviction of any felony or upon conviction of or disposition
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| of supervision for any misdemeanor, or upon conviction of or | 15 |
| disposition of
supervision for any offense under the Illinois | 16 |
| Vehicle Code, exclusive of
offenses enumerated in paragraph | 17 |
| (a)(2) of
Section 6-204 of that Code, and exclusive of any | 18 |
| offense enumerated in Article
VI of Chapter 11 of that Code | 19 |
| relating
to restrictions, regulations and limitations on the | 20 |
| speed at which a motor
vehicle is driven or operated, an | 21 |
| additional penalty of $4
for each $40, or fraction thereof, of | 22 |
| fine imposed. Such additional
amounts shall be collected by the | 23 |
| Clerk
of the Circuit Court in addition to the fine and costs in |
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HB4289 Engrossed |
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LRB095 15492 RLC 41485 b |
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| the case. Each
such additional penalty collected under this | 2 |
| subsection (b) or subsection
(c) of this Section shall be | 3 |
| remitted by the Clerk of the Circuit Court
within one month | 4 |
| after receipt to the State Treasurer for deposit into the
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| Violent Crime Victims Assistance Fund, except as provided in | 6 |
| subsection
(g) of this Section. Such additional penalty shall | 7 |
| not
be considered a part of the fine for purposes of any | 8 |
| reduction made in the
fine for time served either before or | 9 |
| after sentencing. Not later than
March 1 of each year the Clerk | 10 |
| of the Circuit Court shall submit to the
State Comptroller a | 11 |
| report of the amount of funds remitted by him to the
State | 12 |
| Treasurer under this Section during the preceding calendar | 13 |
| year.
Except as otherwise provided by Supreme Court Rules, if a | 14 |
| court in
sentencing an offender levies a gross amount for fine, | 15 |
| costs, fees and
penalties, the amount of the additional penalty | 16 |
| provided for herein shall
be computed on the amount remaining | 17 |
| after deducting from the gross amount
levied all fees of the | 18 |
| Circuit Clerk, the State's Attorney and the Sheriff.
After | 19 |
| deducting from the gross amount levied the fees and additional
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| penalty provided for herein, less any other additional | 21 |
| penalties provided
by law, the clerk shall remit the net | 22 |
| balance remaining to the entity
authorized by law to receive | 23 |
| the fine imposed in the case. For purposes of
this Section | 24 |
| "fees of the Circuit Clerk" shall include, if applicable, the
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| fee provided for under Section 27.3a of the Clerks of Courts | 26 |
| Act and the
fee, if applicable, payable to the county in which |
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HB4289 Engrossed |
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LRB095 15492 RLC 41485 b |
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| the violation occurred
pursuant to Section 5-1101 of the | 2 |
| Counties Code.
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| (c) In addition to any other penalty or fine imposed by the | 4 |
| court, when When any person is convicted in Illinois on or | 5 |
| after August 28,
1986, of an offense listed below, or placed on | 6 |
| supervision for such an
offense on or after September 18, 1986, | 7 |
| and no other fine is imposed , the
following penalty shall be | 8 |
| collected by the Circuit Court Clerk:
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| (1) $25, for any crime of violence as defined in | 10 |
| subsection (c) of
Section 2 of the Crime Victims | 11 |
| Compensation Act; and
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| (2) $20, for any other felony or misdemeanor, excluding
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| any conservation offense.
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| Such charge shall not be subject to the provisions of | 15 |
| Section 110-14 of
the Code of Criminal Procedure of 1963.
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| (d) Monies forfeited, and proceeds from the sale of | 17 |
| property forfeited
and seized, under the forfeiture provisions | 18 |
| of Section 11-20.1A of the
Criminal Code of 1961 shall be | 19 |
| accepted for the Violent Crime Victims
Assistance Fund.
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| (e) Investment income which is attributable to the | 21 |
| investment of monies
in the Violent Crime Victims Assistance | 22 |
| Fund shall be credited to that fund
for uses specified in this | 23 |
| Act. The Treasurer shall provide the Attorney
General a monthly | 24 |
| status report on the amount of money in the Fund.
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| (f) Monies from the fund may be granted on and after July | 26 |
| 1, 1984.
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LRB095 15492 RLC 41485 b |
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| (g) All amounts and charges imposed under this Section for | 2 |
| any
violation of Chapters 3, 4, 6, and 11 of the Illinois | 3 |
| Vehicle Code, or a
similar provision of a local ordinance, or | 4 |
| any violation of the Child
Passenger Protection Act, or a | 5 |
| similar provision of a local ordinance,
shall be collected and | 6 |
| disbursed by the circuit clerk as provided under
Section 27.5 | 7 |
| of the Clerks of Courts Act.
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| (Source: P.A. 89-688, eff. 6-1-97; 90-372, eff. 7-1-98.)
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