Full Text of HB5241 97th General Assembly
HB5241eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Section 16-105 as follows:
| 6 | | (625 ILCS 5/16-105) (from Ch. 95 1/2, par. 16-105)
| 7 | | Sec. 16-105. Disposition of fines and forfeitures.
| 8 | | (a) Except as provided in Section 15-113 and Section | 9 | | 16-104a of this Act and except for
those amounts required to be | 10 | | paid into the Traffic and Criminal Conviction
Surcharge Fund in | 11 | | the State Treasury pursuant to Section 9.1 of the
Illinois | 12 | | Police Training Act and Section 5-9-1 of the Unified Code of
| 13 | | Corrections and except those amounts subject to disbursement by | 14 | | the circuit
clerk under Section 27.5 of the Clerks of Courts | 15 | | Act, fines and penalties
recovered under the provisions of | 16 | | Chapters 3 11 through 18c 16 inclusive of this
Code shall be | 17 | | paid and used as follows:
| 18 | | 1. For offenses committed upon a highway within the | 19 | | limits of a
city, village, or incorporated town or under | 20 | | the jurisdiction of any
park district, to the treasurer of | 21 | | the particular city, village,
incorporated town or park | 22 | | district, if the violator was arrested by the
authorities | 23 | | of the city, village, incorporated town or park district,
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| 1 | | provided the police officers and officials of cities, | 2 | | villages,
incorporated towns and park districts shall | 3 | | seasonably prosecute for all
fines and penalties under this | 4 | | Code. If the violation is prosecuted by
the authorities of | 5 | | the county, any fines or penalties recovered shall be
paid | 6 | | to the county treasurer. Provided further that if the | 7 | | violator was
arrested by the State Police, fines and | 8 | | penalties recovered under the
provisions of paragraph (a) | 9 | | of Section 15-113 of this Code or paragraph (e)
of Section | 10 | | 15-316 of this Code shall be paid
over to the Department of | 11 | | State Police which shall thereupon remit the
amount of the | 12 | | fines and penalties so received to the State Treasurer who | 13 | | shall
deposit the amount so remitted in the special fund in | 14 | | the State treasury
known as the Road Fund except that if | 15 | | the violation is prosecuted by the
State's Attorney, 10% of | 16 | | the fine or penalty recovered shall be paid to
the State's | 17 | | Attorney as a fee of his office and the balance shall be
| 18 | | paid over to the Department of State Police for remittance | 19 | | to and
deposit by the State Treasurer as hereinabove | 20 | | provided.
| 21 | | 2. Except as provided in paragraph 4, for offenses | 22 | | committed upon any
highway outside the limits of a
city, | 23 | | village, incorporated town or park district, to the county
| 24 | | treasurer of the county where the offense was committed | 25 | | except if such
offense was committed on a highway | 26 | | maintained by or under the
supervision of a township, |
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| 1 | | township district, or a road district to the
Treasurer | 2 | | thereof for deposit in the road and bridge fund of such
| 3 | | township or other district; Provided, that fines and | 4 | | penalties recovered
under the provisions of paragraph (a) | 5 | | of Section 15-113, paragraph (d) of
Section 3-401, or | 6 | | paragraph (e) of Section 15-316 of this Code shall
be paid | 7 | | over to the Department of State Police which shall | 8 | | thereupon remit
the amount of the fines and penalties so | 9 | | received to the State Treasurer
who shall deposit the | 10 | | amount so remitted in the special fund in the State
| 11 | | treasury known as the Road Fund except that if the | 12 | | violation is prosecuted
by the State's Attorney, 10% of the | 13 | | fine or penalty recovered shall be paid
to the State's | 14 | | Attorney as a fee of his office and the balance shall be
| 15 | | paid over to the Department of State Police for remittance | 16 | | to and deposit
by the State Treasurer as hereinabove | 17 | | provided.
| 18 | | 3. Notwithstanding subsections 1 and 2 of this | 19 | | paragraph, for violations
of overweight and overload | 20 | | limits found in Sections 15-101 through 15-203
of this | 21 | | Code, which are committed upon the highways belonging to | 22 | | the Illinois
State Toll Highway Authority, fines and | 23 | | penalties shall be paid over to
the Illinois State Toll | 24 | | Highway Authority for deposit with the State Treasurer
into | 25 | | that special fund known as the Illinois State Toll Highway | 26 | | Authority
Fund, except that if the violation is prosecuted |
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| 1 | | by the State's Attorney,
10% of the fine or penalty | 2 | | recovered shall be paid to the State's Attorney
as a fee of | 3 | | his office and the balance shall be paid over to the | 4 | | Illinois
State Toll Highway Authority for remittance to and | 5 | | deposit by the State
Treasurer as hereinabove provided.
| 6 | | 4. With regard to violations of overweight and overload | 7 | | limits found in
Sections 15-101 through 15-203 of this Code | 8 | | committed by operators of vehicles
registered as Special | 9 | | Hauling Vehicles, for offenses committed upon a highway
| 10 | | within the limits of a city, village, or incorporated town | 11 | | or under the
jurisdiction of any park district, all fines | 12 | | and penalties shall be paid over
or retained as required in | 13 | | paragraph 1. However, with regard to the above
offenses | 14 | | committed by operators of vehicles registered as Special | 15 | | Hauling
Vehicles upon any highway outside the limits of a | 16 | | city, village, incorporated
town or park district, fines | 17 | | and penalties shall be paid over or retained by
the entity | 18 | | having jurisdiction over the road or highway upon which the | 19 | | offense
occurred, except that if the violation is | 20 | | prosecuted by the State's Attorney,
10% of the fine or | 21 | | penalty recovered shall be paid to the State's Attorney as | 22 | | a
fee of his office.
| 23 | | (b) Failure, refusal or neglect on the part of any judicial | 24 | | or other
officer or employee receiving or having custody of any | 25 | | such fine or
forfeiture either before or after a deposit with | 26 | | the proper official as
defined in paragraph (a) of this |
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| 1 | | Section, shall constitute misconduct in
office and shall be | 2 | | grounds for removal therefrom.
| 3 | | (Source: P.A. 96-34, eff. 1-1-10.)
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