Illinois General Assembly - Full Text of HB5134
Illinois General Assembly

Previous General Assemblies

Full Text of HB5134  96th General Assembly

HB5134 96TH GENERAL ASSEMBLY

  
  

 


 
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5134

 

Introduced 1/29/2010, by Rep. Renée Kosel

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Video Gaming Act. Requires the municipal clerk or county clerk to file a copy of the ordinance or election results that results in the prohibition of video gaming within the municipality or county with the Illinois Gaming Board. Requires the Illinois Gaming Board to keep a list of any municipality or county that prohibits video gaming. Provides that, if a municipality or county prohibits video gaming, then no video gaming terminals may be offered for play within the municipality or county, including video gaming terminals operated for amusement only and bearing a valid amusement tax sticker issued prior to July 13, 2009. Amends the Criminal Code of 1961. Provides that a mechanical device played for amusement that is located within a municipality or county that has prohibited video gaming under the Video Gaming Act is a "gambling device". Includes within the definition of "gambling place" any real estate, vehicle, boat, or other property whatsoever located within a municipality or county that prohibits video gaming as provided in the Video Gaming Act that offers for play a video gaming terminal operated for amusement only. Provides that, if a person knowingly offers for play a video gaming terminal within a municipality or county that prohibits video gaming as provided in the Video Gaming Act, then the fine is $5,000 per video gaming terminal. Amends the Clerks of Courts Act. Provides that, of the amounts in excess of $2,500 collected as fines for knowingly offering for play a video gaming terminal within a municipality or county that prohibits video gaming, one-half shall be deposited into the Capital Projects Fund and the other one-half shall be allocated to the police authority that initiated the procedure leading to the imposition of the fines. Effective immediately.


LRB096 19865 AMC 35321 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5134 LRB096 19865 AMC 35321 b

1     AN ACT concerning gaming.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Video Gaming Act is amended by changing
5 Sections 27, 35, and 70 and by adding Sections 71 and 72 as
6 follows:
 
7     (230 ILCS 40/27)
8     Sec. 27. Prohibition of video gaming by political
9 subdivision. A municipality may pass an ordinance prohibiting
10 video gaming within the corporate limits of the municipality. A
11 county board may, for the unincorporated area of the county,
12 pass an ordinance prohibiting video gaming within the
13 unincorporated area of the county. Within 3 days after passage
14 of an ordinance prohibiting video gaming under this Section,
15 the municipal clerk or county clerk must file a copy of the
16 ordinance with the Board.
17 (Source: P.A. 96-34, eff. 7-13-09.)
 
18     (230 ILCS 40/35)
19     Sec. 35. Display of license; confiscation; violation as
20 felony.
21     (a) Each video gaming terminal shall be licensed by the
22 Board before placement or operation on the premises of a

 

 

HB5134 - 2 - LRB096 19865 AMC 35321 b

1 licensed establishment, licensed truck stop establishment,
2 licensed fraternal establishment, or licensed veterans
3 establishment. The license of each video gaming terminal shall
4 be maintained at the location where the video gaming terminal
5 is operated. Failure to do so is a petty offense with a fine
6 not to exceed $100. Any licensed establishment, licensed truck
7 stop establishment, licensed fraternal establishment, or
8 licensed veterans establishment used for the conduct of
9 gambling games in violation of this Act shall be considered a
10 gambling place in violation of Section 28-3 of the Criminal
11 Code of 1961. Every gambling device found in a licensed
12 establishment, licensed truck stop establishment, licensed
13 fraternal establishment, or licensed veterans establishment
14 operating gambling games in violation of this Act shall be
15 subject to seizure, confiscation, and destruction as provided
16 in Section 28-5 of the Criminal Code of 1961. Any license
17 issued under the Liquor Control Act of 1934 to any owner or
18 operator of a licensed establishment, licensed truck stop
19 establishment, licensed fraternal establishment, or licensed
20 veterans establishment that operates or permits the operation
21 of a video gaming terminal within its establishment in
22 violation of this Act shall be immediately revoked. No person
23 may own, operate, have in his or her possession or custody or
24 under his or her control, or permit to be kept in any place
25 under his or her possession or control, any device that awards
26 credits and contains a circuit, meter, or switch capable of

 

 

HB5134 - 3 - LRB096 19865 AMC 35321 b

1 removing and recording the removal of credits when the award of
2 credits is dependent upon chance. A violation of this Section
3 is a Class 4 felony. All devices that are owned, operated, or
4 possessed in violation of this Section are hereby declared to
5 be public nuisances and shall be subject to seizure,
6 confiscation, and destruction as provided in Section 28-5 of
7 the Criminal Code of 1961. The provisions of this Section do
8 not apply to devices or electronic video game terminals
9 licensed pursuant to this Act. Except as provided in Section
10 72, a A video gaming terminal operated for amusement only and
11 bearing a valid amusement tax sticker issued prior to July 13,
12 2009 (the effective date of Public Act 96-37) this amendatory
13 Act of the 96th General Assembly shall not be subject to this
14 Section until the sooner of (i) the expiration of the amusement
15 tax sticker or (ii) 30 days after the Board establishes that
16 the central communications system is functional.
17     (b) (1) The odds of winning each video game shall be posted
18 on or near each video gaming terminal. The manner in which the
19 odds are calculated and how they are posted shall be determined
20 by the Board by rule.
21     (2) No video gaming terminal licensed under this Act may be
22 played except during the legal hours of operation allowed for
23 the consumption of alcoholic beverages at the licensed
24 establishment, licensed fraternal establishment, or licensed
25 veterans establishment. A licensed establishment, licensed
26 fraternal establishment, or licensed veterans establishment

 

 

HB5134 - 4 - LRB096 19865 AMC 35321 b

1 that violates this subsection is subject to termination of its
2 license by the Board.
3 (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09.)
 
4     (230 ILCS 40/70)
5     Sec. 70. Referendum. Upon the filing in the office of the
6 clerk, at least 90 days before an election in any municipality
7 or county, as the case may be, of a petition directed to such
8 clerk, containing the signatures of not less than 25% of the
9 legal voters of that municipality or county, the clerk shall
10 certify such proposition to the proper election officials, who
11 shall submit the proposition at such election to the voters of
12 such municipality or county. The proposition shall be in the
13 following form:
14 -------------------------------------------------------------
15 Shall video gaming                      YES
16 be prohibited in                       ----------------------
17 .................?                      NO
18 -------------------------------------------------------------
19 If a majority of the voters voting upon such last mentioned
20 proposition in any municipality or county vote "YES", such
21 video gaming shall be prohibited in such municipality or
22 county. The petition mentioned in this Section shall be a
23 public document and shall be subject to inspection by the
24 public.
25     Within 3 days after certification of election results from

 

 

HB5134 - 5 - LRB096 19865 AMC 35321 b

1 a proposition under this Section that results in the
2 prohibition of video gaming in the municipality or county, the
3 municipal clerk or county clerk must file a copy of the results
4 of the proposition with the Board.
5 (Source: P.A. 96-34, eff. 7-13-09.)
 
6     (230 ILCS 40/71 new)
7     Sec. 71. List of municipalities and counties that prohibit
8 video gaming. The Board must keep a list of any municipality or
9 county that prohibits video gaming under the provisions of
10 Section 27 or 70 of this Act. This list shall be a public
11 document, and the Board must post the list on its website.
 
12     (230 ILCS 40/72 new)
13     Sec. 72. Effect of a municipality or county prohibiting
14 video gaming.If a municipality or county prohibits video gaming
15 under the provisions of Section 27 or 70 of this Act, then no
16 video gaming terminals may be offered for play within the
17 municipality or county, including video gaming terminals
18 operated for amusement only and bearing a valid amusement tax
19 sticker issued prior to July 13, 2009 (the effective date of
20 Public Act 96-37) that are otherwise exempt under subsection
21 (a) of Section 35.
 
22     Section 10. The Clerks of Courts Act is amended by changing
23 Section 27.6 as follows:
 

 

 

HB5134 - 6 - LRB096 19865 AMC 35321 b

1     (705 ILCS 105/27.6)
2     (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625,
3 and 96-667)
4     Sec. 27.6. (a) All fees, fines, costs, additional
5 penalties, bail balances assessed or forfeited, and any other
6 amount paid by a person to the circuit clerk equalling an
7 amount of $55 or more, except the fine imposed by Section
8 5-9-1.15 of the Unified Code of Corrections, the additional fee
9 required by subsections (b) and (c), restitution under Section
10 5-5-6 of the Unified Code of Corrections, contributions to a
11 local anti-crime program ordered pursuant to Section
12 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
13 Corrections, reimbursement for the costs of an emergency
14 response as provided under Section 11-501 of the Illinois
15 Vehicle Code, any fees collected for attending a traffic safety
16 program under paragraph (c) of Supreme Court Rule 529, any fee
17 collected on behalf of a State's Attorney under Section 4-2002
18 of the Counties Code or a sheriff under Section 4-5001 of the
19 Counties Code, or any cost imposed under Section 124A-5 of the
20 Code of Criminal Procedure of 1963, for convictions, orders of
21 supervision, or any other disposition for a violation of
22 Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
23 similar provision of a local ordinance, and any violation of
24 the Child Passenger Protection Act, or a similar provision of a
25 local ordinance, and except as otherwise provided in this

 

 

HB5134 - 7 - LRB096 19865 AMC 35321 b

1 Section subsections (d) and (g) shall be disbursed within 60
2 days after receipt by the circuit clerk as follows: 44.5% shall
3 be disbursed to the entity authorized by law to receive the
4 fine imposed in the case; 16.825% shall be disbursed to the
5 State Treasurer; and 38.675% shall be disbursed to the county's
6 general corporate fund. Of the 16.825% disbursed to the State
7 Treasurer, 2/17 shall be deposited by the State Treasurer into
8 the Violent Crime Victims Assistance Fund, 5.052/17 shall be
9 deposited into the Traffic and Criminal Conviction Surcharge
10 Fund, 3/17 shall be deposited into the Drivers Education Fund,
11 and 6.948/17 shall be deposited into the Trauma Center Fund. Of
12 the 6.948/17 deposited into the Trauma Center Fund from the
13 16.825% disbursed to the State Treasurer, 50% shall be
14 disbursed to the Department of Public Health and 50% shall be
15 disbursed to the Department of Healthcare and Family Services.
16 For fiscal year 1993, amounts deposited into the Violent Crime
17 Victims Assistance Fund, the Traffic and Criminal Conviction
18 Surcharge Fund, or the Drivers Education Fund shall not exceed
19 110% of the amounts deposited into those funds in fiscal year
20 1991. Any amount that exceeds the 110% limit shall be
21 distributed as follows: 50% shall be disbursed to the county's
22 general corporate fund and 50% shall be disbursed to the entity
23 authorized by law to receive the fine imposed in the case. Not
24 later than March 1 of each year the circuit clerk shall submit
25 a report of the amount of funds remitted to the State Treasurer
26 under this Section during the preceding year based upon

 

 

HB5134 - 8 - LRB096 19865 AMC 35321 b

1 independent verification of fines and fees. All counties shall
2 be subject to this Section, except that counties with a
3 population under 2,000,000 may, by ordinance, elect not to be
4 subject to this Section. For offenses subject to this Section,
5 judges shall impose one total sum of money payable for
6 violations. The circuit clerk may add on no additional amounts
7 except for amounts that are required by Sections 27.3a and
8 27.3c of this Act, unless those amounts are specifically waived
9 by the judge. With respect to money collected by the circuit
10 clerk as a result of forfeiture of bail, ex parte judgment or
11 guilty plea pursuant to Supreme Court Rule 529, the circuit
12 clerk shall first deduct and pay amounts required by Sections
13 27.3a and 27.3c of this Act. This Section is a denial and
14 limitation of home rule powers and functions under subsection
15 (h) of Section 6 of Article VII of the Illinois Constitution.
16     (b) In addition to any other fines and court costs assessed
17 by the courts, any person convicted or receiving an order of
18 supervision for driving under the influence of alcohol or drugs
19 shall pay an additional fee of $100 to the clerk of the circuit
20 court. This amount, less 2 1/2% that shall be used to defray
21 administrative costs incurred by the clerk, shall be remitted
22 by the clerk to the Treasurer within 60 days after receipt for
23 deposit into the Trauma Center Fund. This additional fee of
24 $100 shall not be considered a part of the fine for purposes of
25 any reduction in the fine for time served either before or
26 after sentencing. Not later than March 1 of each year the

 

 

HB5134 - 9 - LRB096 19865 AMC 35321 b

1 Circuit Clerk shall submit a report of the amount of funds
2 remitted to the State Treasurer under this subsection during
3 the preceding calendar year.
4     (b-1) In addition to any other fines and court costs
5 assessed by the courts, any person convicted or receiving an
6 order of supervision for driving under the influence of alcohol
7 or drugs shall pay an additional fee of $5 to the clerk of the
8 circuit court. This amount, less 2 1/2% that shall be used to
9 defray administrative costs incurred by the clerk, shall be
10 remitted by the clerk to the Treasurer within 60 days after
11 receipt for deposit into the Spinal Cord Injury Paralysis Cure
12 Research Trust Fund. This additional fee of $5 shall not be
13 considered a part of the fine for purposes of any reduction in
14 the fine for time served either before or after sentencing. 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 subsection during the preceding calendar year.
18     (c) In addition to any other fines and court costs assessed
19 by the courts, any person convicted for a violation of Sections
20 24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or a
21 person sentenced for a violation of the Cannabis Control Act,
22 the Illinois Controlled Substances Act, or the Methamphetamine
23 Control and Community Protection Act shall pay an additional
24 fee of $100 to the clerk of the circuit court. This amount,
25 less 2 1/2% that shall be used to defray administrative costs
26 incurred by the clerk, shall be remitted by the clerk to the

 

 

HB5134 - 10 - LRB096 19865 AMC 35321 b

1 Treasurer within 60 days after receipt for deposit into the
2 Trauma Center Fund. This additional fee of $100 shall not be
3 considered a part of the fine for purposes of any reduction in
4 the fine for time served either before or after sentencing. Not
5 later than March 1 of each year the Circuit Clerk shall submit
6 a report of the amount of funds remitted to the State Treasurer
7 under this subsection during the preceding calendar year.
8     (c-1) In addition to any other fines and court costs
9 assessed by the courts, any person sentenced for a violation of
10 the Cannabis Control Act, the Illinois Controlled Substances
11 Act, or the Methamphetamine Control and Community Protection
12 Act shall pay an additional fee of $5 to the clerk of the
13 circuit court. This amount, less 2 1/2% that shall be used to
14 defray administrative costs incurred by the clerk, shall be
15 remitted by the clerk to the Treasurer within 60 days after
16 receipt for deposit into the Spinal Cord Injury Paralysis Cure
17 Research Trust Fund. This additional fee of $5 shall not be
18 considered a part of the fine for purposes of any reduction in
19 the fine for time served either before or after sentencing. Not
20 later than March 1 of each year the Circuit Clerk shall submit
21 a report of the amount of funds remitted to the State Treasurer
22 under this subsection during the preceding calendar year.
23     (d) The following amounts must be remitted to the State
24 Treasurer for deposit into the Illinois Animal Abuse Fund:
25         (1) 50% of the amounts collected for felony offenses
26     under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,

 

 

HB5134 - 11 - LRB096 19865 AMC 35321 b

1     5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
2     Animals Act and Section 26-5 of the Criminal Code of 1961;
3         (2) 20% of the amounts collected for Class A and Class
4     B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
5     5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
6     for Animals Act and Section 26-5 of the Criminal Code of
7     1961; and
8         (3) 50% of the amounts collected for Class C
9     misdemeanors under Sections 4.01 and 7.1 of the Humane Care
10     for Animals Act and Section 26-5 of the Criminal Code of
11     1961.
12     (e) Any person who receives a disposition of court
13 supervision for a violation of the Illinois Vehicle Code or a
14 similar provision of a local ordinance shall, in addition to
15 any other fines, fees, and court costs, pay an additional fee
16 of $29, to be disbursed as provided in Section 16-104c of the
17 Illinois Vehicle Code. In addition to the fee of $29, the
18 person shall also pay a fee of $6, if not waived by the court.
19 If this $6 fee is collected, $5.50 of the fee shall be
20 deposited into the Circuit Court Clerk Operation and
21 Administrative Fund created by the Clerk of the Circuit Court
22 and 50 cents of the fee shall be deposited into the Prisoner
23 Review Board Vehicle and Equipment Fund in the State treasury.
24     (f) This Section does not apply to the additional child
25 pornography fines assessed and collected under Section
26 5-9-1.14 of the Unified Code of Corrections.

 

 

HB5134 - 12 - LRB096 19865 AMC 35321 b

1     (g) (Blank).
2     (h) (Blank).
3     (i) (g) Of the amounts collected as fines under subsection
4 (b) of Section 3-712 of the Illinois Vehicle Code, 99% shall be
5 deposited into the Illinois Military Family Relief Fund and 1%
6 shall be deposited into the Circuit Court Clerk Operation and
7 Administrative Fund created by the Clerk of the Circuit Court
8 to be used to offset the costs incurred by the Circuit Court
9 Clerk in performing the additional duties required to collect
10 and disburse funds to entities of State and local government as
11 provided by law.
12     (j) (h) Any person convicted of, pleading guilty to, or
13 placed on supervision for a serious traffic violation, as
14 defined in Section 1-187.001 of the Illinois Vehicle Code, a
15 violation of Section 11-501 of the Illinois Vehicle Code, or a
16 violation of a similar provision of a local ordinance shall pay
17 an additional fee of $20, to be disbursed as provided in
18 Section 16-104d of that Code.
19     This subsection (h) becomes inoperative 7 years after the
20 effective date of Public Act 95-154.
21     (k) (h) For any conviction or disposition of court
22 supervision for a violation of Section 11-1429 of the Illinois
23 Vehicle Code, the circuit clerk shall distribute the fines paid
24 by the person as specified by subsection (h) of Section 11-1429
25 of the Illinois Vehicle Code.
26     (l) (h) Any person who receives a disposition of court

 

 

HB5134 - 13 - LRB096 19865 AMC 35321 b

1 supervision for a violation of Section 11-501 of the Illinois
2 Vehicle Code or a similar provision of a local ordinance shall,
3 in addition to any other fines, fees, and court costs, pay an
4 additional fee of $50, which shall be collected by the circuit
5 clerk and then remitted to the State Treasurer for deposit into
6 the Roadside Memorial Fund, a special fund in the State
7 treasury. However, the court may waive the fee if full
8 restitution is complied with. Subject to appropriation, all
9 moneys in the Roadside Memorial Fund shall be used by the
10 Department of Transportation to pay fees imposed under
11 subsection (f) of Section 20 of the Roadside Memorial Act. The
12 fee shall be remitted by the circuit clerk within one month
13 after receipt to the State Treasurer for deposit into the
14 Roadside Memorial Fund.
15     (m) Of the amounts in excess of $2,500 collected as fines
16 under subsection (a) of Section 28-3 of the Criminal Code of
17 1961 for knowingly offering for play a video gaming terminal
18 within a municipality or county that prohibits video gaming as
19 provided in Section 27 or 70 of the Video Gaming Act, one-half
20 shall be deposited into the Capital Projects Fund and the other
21 one-half shall be allocated to the police authority that
22 initiated the procedure leading to the imposition of fines
23 under Section 28-3 of the Criminal Code of 1961.
24 (Source: P.A. 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428,
25 eff. 8-24-07; 95-600, eff. 6-1-08; 95-876, eff. 8-21-08;
26 96-286, eff. 8-11-09; 96-576, eff. 8-18-09; 96-578, eff.

 

 

HB5134 - 14 - LRB096 19865 AMC 35321 b

1 8-18-09; 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; revised
2 12-29-09.)
 
3     (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667,
4 and 96-735)
5     Sec. 27.6. (a) All fees, fines, costs, additional
6 penalties, bail balances assessed or forfeited, and any other
7 amount paid by a person to the circuit clerk equalling an
8 amount of $55 or more, except the fine imposed by Section
9 5-9-1.15 of the Unified Code of Corrections, the additional fee
10 required by subsections (b) and (c), restitution under Section
11 5-5-6 of the Unified Code of Corrections, contributions to a
12 local anti-crime program ordered pursuant to Section
13 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
14 Corrections, reimbursement for the costs of an emergency
15 response as provided under Section 11-501 of the Illinois
16 Vehicle Code, any fees collected for attending a traffic safety
17 program under paragraph (c) of Supreme Court Rule 529, any fee
18 collected on behalf of a State's Attorney under Section 4-2002
19 of the Counties Code or a sheriff under Section 4-5001 of the
20 Counties Code, or any cost imposed under Section 124A-5 of the
21 Code of Criminal Procedure of 1963, for convictions, orders of
22 supervision, or any other disposition for a violation of
23 Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
24 similar provision of a local ordinance, and any violation of
25 the Child Passenger Protection Act, or a similar provision of a

 

 

HB5134 - 15 - LRB096 19865 AMC 35321 b

1 local ordinance, and except as otherwise provided in this
2 Section subsections (b) through (h) shall be disbursed within
3 60 days after receipt by the circuit clerk as follows: 44.5%
4 shall be disbursed to the entity authorized by law to receive
5 the fine imposed in the case; 16.825% shall be disbursed to the
6 State Treasurer; and 38.675% shall be disbursed to the county's
7 general corporate fund. Of the 16.825% disbursed to the State
8 Treasurer, 2/17 shall be deposited by the State Treasurer into
9 the Violent Crime Victims Assistance Fund, 5.052/17 shall be
10 deposited into the Traffic and Criminal Conviction Surcharge
11 Fund, 3/17 shall be deposited into the Drivers Education Fund,
12 and 6.948/17 shall be deposited into the Trauma Center Fund. Of
13 the 6.948/17 deposited into the Trauma Center Fund from the
14 16.825% disbursed to the State Treasurer, 50% shall be
15 disbursed to the Department of Public Health and 50% shall be
16 disbursed to the Department of Healthcare and Family Services.
17 For fiscal year 1993, amounts deposited into the Violent Crime
18 Victims Assistance Fund, the Traffic and Criminal Conviction
19 Surcharge Fund, or the Drivers Education Fund shall not exceed
20 110% of the amounts deposited into those funds in fiscal year
21 1991. Any amount that exceeds the 110% limit shall be
22 distributed as follows: 50% shall be disbursed to the county's
23 general corporate fund and 50% shall be disbursed to the entity
24 authorized by law to receive the fine imposed in the case. Not
25 later than March 1 of each year the circuit clerk shall submit
26 a report of the amount of funds remitted to the State Treasurer

 

 

HB5134 - 16 - LRB096 19865 AMC 35321 b

1 under this Section during the preceding year based upon
2 independent verification of fines and fees. All counties shall
3 be subject to this Section, except that counties with a
4 population under 2,000,000 may, by ordinance, elect not to be
5 subject to this Section. For offenses subject to this Section,
6 judges shall impose one total sum of money payable for
7 violations. The circuit clerk may add on no additional amounts
8 except for amounts that are required by Sections 27.3a and
9 27.3c of this Act, Section 16-104c of the Illinois Vehicle
10 Code, and subsection (a) of Section 5-1101 of the Counties
11 Code, unless those amounts are specifically waived by the
12 judge. With respect to money collected by the circuit clerk as
13 a result of forfeiture of bail, ex parte judgment or guilty
14 plea pursuant to Supreme Court Rule 529, the circuit clerk
15 shall first deduct and pay amounts required by Sections 27.3a
16 and 27.3c of this Act. Unless a court ordered payment schedule
17 is implemented or fee requirements are waived pursuant to court
18 order, the clerk of the court may add to any unpaid fees and
19 costs a delinquency amount equal to 5% of the unpaid fees that
20 remain unpaid after 30 days, 10% of the unpaid fees that remain
21 unpaid after 60 days, and 15% of the unpaid fees that remain
22 unpaid after 90 days. Notice to those parties may be made by
23 signage posting or publication. The additional delinquency
24 amounts collected under this Section shall be deposited in the
25 Circuit Court Clerk Operation and Administrative Fund to be
26 used to defray administrative costs incurred by the circuit

 

 

HB5134 - 17 - LRB096 19865 AMC 35321 b

1 clerk in performing the duties required to collect and disburse
2 funds. This Section is a denial and limitation of home rule
3 powers and functions under subsection (h) of Section 6 of
4 Article VII of the Illinois Constitution.
5     (b) In addition to any other fines and court costs assessed
6 by the courts, any person convicted or receiving an order of
7 supervision for driving under the influence of alcohol or drugs
8 shall pay an additional fee of $100 to the clerk of the circuit
9 court. This amount, less 2 1/2% that shall be used to defray
10 administrative costs incurred by the clerk, shall be remitted
11 by the clerk to the Treasurer within 60 days after receipt for
12 deposit into the Trauma Center Fund. This additional fee of
13 $100 shall not be considered a part of the fine for purposes of
14 any reduction in the fine for time served either before or
15 after sentencing. Not later than March 1 of each year the
16 Circuit Clerk shall submit a report of the amount of funds
17 remitted to the State Treasurer under this subsection during
18 the preceding calendar year.
19     (b-1) In addition to any other fines and court costs
20 assessed by the courts, any person convicted or receiving an
21 order of supervision for driving under the influence of alcohol
22 or drugs shall pay an additional fee of $5 to the clerk of the
23 circuit court. This amount, less 2 1/2% that shall be used to
24 defray administrative costs incurred by the clerk, shall be
25 remitted by the clerk to the Treasurer within 60 days after
26 receipt for deposit into the Spinal Cord Injury Paralysis Cure

 

 

HB5134 - 18 - LRB096 19865 AMC 35321 b

1 Research Trust Fund. This additional fee of $5 shall not be
2 considered a part of the fine for purposes of any reduction in
3 the fine for time served either before or after sentencing. Not
4 later than March 1 of each year the Circuit Clerk shall submit
5 a report of the amount of funds remitted to the State Treasurer
6 under this subsection during the preceding calendar year.
7     (c) In addition to any other fines and court costs assessed
8 by the courts, any person convicted for a violation of Sections
9 24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or a
10 person sentenced for a violation of the Cannabis Control Act,
11 the Illinois Controlled Substances Act, or the Methamphetamine
12 Control and Community Protection Act shall pay an additional
13 fee of $100 to the clerk of the circuit court. This amount,
14 less 2 1/2% that shall be used to defray administrative costs
15 incurred by the clerk, shall be remitted by the clerk to the
16 Treasurer within 60 days after receipt for deposit into the
17 Trauma Center Fund. This additional fee of $100 shall not be
18 considered a part of the fine for purposes of any reduction in
19 the fine for time served either before or after sentencing. Not
20 later than March 1 of each year the Circuit Clerk shall submit
21 a report of the amount of funds remitted to the State Treasurer
22 under this subsection during the preceding calendar year.
23     (c-1) In addition to any other fines and court costs
24 assessed by the courts, any person sentenced for a violation of
25 the Cannabis Control Act, the Illinois Controlled Substances
26 Act, or the Methamphetamine Control and Community Protection

 

 

HB5134 - 19 - LRB096 19865 AMC 35321 b

1 Act shall pay an additional fee of $5 to the clerk of the
2 circuit court. This amount, less 2 1/2% that shall be used to
3 defray administrative costs incurred by the clerk, shall be
4 remitted by the clerk to the Treasurer within 60 days after
5 receipt for deposit into the Spinal Cord Injury Paralysis Cure
6 Research Trust Fund. This additional fee of $5 shall not be
7 considered a part of the fine for purposes of any reduction in
8 the fine for time served either before or after sentencing. Not
9 later than March 1 of each year the Circuit Clerk shall submit
10 a report of the amount of funds remitted to the State Treasurer
11 under this subsection during the preceding calendar year.
12     (d) The following amounts must be remitted to the State
13 Treasurer for deposit into the Illinois Animal Abuse Fund:
14         (1) 50% of the amounts collected for felony offenses
15     under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
16     5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
17     Animals Act and Section 26-5 of the Criminal Code of 1961;
18         (2) 20% of the amounts collected for Class A and Class
19     B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
20     5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
21     for Animals Act and Section 26-5 of the Criminal Code of
22     1961; and
23         (3) 50% of the amounts collected for Class C
24     misdemeanors under Sections 4.01 and 7.1 of the Humane Care
25     for Animals Act and Section 26-5 of the Criminal Code of
26     1961.

 

 

HB5134 - 20 - LRB096 19865 AMC 35321 b

1     (e) Any person who receives a disposition of court
2 supervision for a violation of the Illinois Vehicle Code or a
3 similar provision of a local ordinance shall, in addition to
4 any other fines, fees, and court costs, pay an additional fee
5 of $29, to be disbursed as provided in Section 16-104c of the
6 Illinois Vehicle Code. In addition to the fee of $29, the
7 person shall also pay a fee of $6, if not waived by the court.
8 If this $6 fee is collected, $5.50 of the fee shall be
9 deposited into the Circuit Court Clerk Operation and
10 Administrative Fund created by the Clerk of the Circuit Court
11 and 50 cents of the fee shall be deposited into the Prisoner
12 Review Board Vehicle and Equipment Fund in the State treasury.
13     (f) This Section does not apply to the additional child
14 pornography fines assessed and collected under Section
15 5-9-1.14 of the Unified Code of Corrections.
16     (g) Any person convicted of or pleading guilty to a serious
17 traffic violation, as defined in Section 1-187.001 of the
18 Illinois Vehicle Code, shall pay an additional fee of $20, to
19 be disbursed as provided in Section 16-104d of that Code. This
20 subsection (g) becomes inoperative 7 years after the effective
21 date of Public Act 95-154.
22     (h) In all counties having a population of 3,000,000 or
23 more inhabitants: ,
24         (1) (h-1) A person who is found guilty of or pleads
25     guilty to violating subsection (a) of Section 11-501 of the
26     Illinois Vehicle Code, including any person placed on court

 

 

HB5134 - 21 - LRB096 19865 AMC 35321 b

1     supervision for violating subsection (a), shall be fined
2     $500 as provided for by subsection (f) of Section 11-501.01
3     of the Illinois Vehicle Code, payable to the circuit clerk,
4     who shall distribute the money pursuant to subsection (f)
5     of Section 11-501.01 of the Illinois Vehicle Code.
6         (2) (h-2) When a crime laboratory DUI analysis fee of
7     $150, provided for by Section 5-9-1.9 of the Unified Code
8     of Corrections is assessed, it shall be disbursed by the
9     circuit clerk as provided by subsection (f) of Section
10     5-9-1.9 of the Unified Code of Corrections.
11         (3) (h-3) When a fine for a violation of Section
12     11-605.1 of the Illinois Vehicle Code is $250 or greater,
13     the person who violated that Section shall be charged an
14     additional $125 as provided for by subsection (e) of
15     Section 11-605.1 of the Illinois Vehicle Code, which shall
16     be disbursed by the circuit clerk to a State or county
17     Transportation Safety Highway Hire-back Fund as provided
18     by subsection (e) of Section 11-605.1 of the Illinois
19     Vehicle Code.
20         (4) (h-4) When a fine for a violation of subsection (a)
21     of Section 11-605 of the Illinois Vehicle Code is $150 or
22     greater, the additional $50 which is charged as provided
23     for by subsection (f) of Section 11-605 of the Illinois
24     Vehicle Code shall be disbursed by the circuit clerk to a
25     school district or districts for school safety purposes as
26     provided by subsection (f) of Section 11-605.

 

 

HB5134 - 22 - LRB096 19865 AMC 35321 b

1         (5) (h-4.5) When a fine for a violation of subsection
2     (a) of Section 11-1002.5 of the Illinois Vehicle Code is
3     $150 or greater, the additional $50 which is charged as
4     provided for by subsection (c) of Section 11-1002.5 of the
5     Illinois Vehicle Code shall be disbursed by the circuit
6     clerk to a school district or districts for school safety
7     purposes as provided by subsection (c) of Section 11-1002.5
8     of the Illinois Vehicle Code.
9         (6) (h-5) When a mandatory drug court fee of up to $5
10     is assessed as provided in subsection (f) of Section 5-1101
11     of the Counties Code, it shall be disbursed by the circuit
12     clerk as provided in subsection (f) of Section 5-1101 of
13     the Counties Code.
14         (7) (h-6) When a mandatory teen court, peer jury, youth
15     court, or other youth diversion program fee is assessed as
16     provided in subsection (e) of Section 5-1101 of the
17     Counties Code, it shall be disbursed by the circuit clerk
18     as provided in subsection (e) of Section 5-1101 of the
19     Counties Code.
20         (8) (h-7) When a Children's Advocacy Center fee is
21     assessed pursuant to subsection (f-5) of Section 5-1101 of
22     the Counties Code, it shall be disbursed by the circuit
23     clerk as provided in subsection (f-5) of Section 5-1101 of
24     the Counties Code.
25         (9) (h-8) When a victim impact panel fee is assessed
26     pursuant to subsection (b) of Section 11-501.01 of the

 

 

HB5134 - 23 - LRB096 19865 AMC 35321 b

1     Vehicle Code, it shall be disbursed by the circuit clerk to
2     the victim impact panel to be attended by the defendant.
3         (10) (h-9) When a new fee collected in traffic cases is
4     enacted after the effective date of this subsection (h), it
5     shall be excluded from the percentage disbursement
6     provisions of this Section unless otherwise indicated by
7     law.
8     (i) (g) Of the amounts collected as fines under subsection
9 (b) of Section 3-712 of the Illinois Vehicle Code, 99% shall be
10 deposited into the Illinois Military Family Relief Fund and 1%
11 shall be deposited into the Circuit Court Clerk Operation and
12 Administrative Fund created by the Clerk of the Circuit Court
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     (j) (Blank).
18     (k) (h) For any conviction or disposition of court
19 supervision for a violation of Section 11-1429 of the Illinois
20 Vehicle Code, the circuit clerk shall distribute the fines paid
21 by the person as specified by subsection (h) of Section 11-1429
22 of the Illinois Vehicle Code.
23     (l) (h) Any person who receives a disposition of court
24 supervision for a violation of Section 11-501 of the Illinois
25 Vehicle Code or a similar provision of a local ordinance shall,
26 in addition to any other fines, fees, and court costs, pay an

 

 

HB5134 - 24 - LRB096 19865 AMC 35321 b

1 additional fee of $50, which shall be collected by the circuit
2 clerk and then remitted to the State Treasurer for deposit into
3 the Roadside Memorial Fund, a special fund in the State
4 treasury. However, the court may waive the fee if full
5 restitution is complied with. Subject to appropriation, all
6 moneys in the Roadside Memorial Fund shall be used by the
7 Department of Transportation to pay fees imposed under
8 subsection (f) of Section 20 of the Roadside Memorial Act. The
9 fee shall be remitted by the circuit clerk within one month
10 after receipt to the State Treasurer for deposit into the
11 Roadside Memorial Fund.
12     (m) Of the amounts in excess of $2,500 collected as fines
13 under subsection (a) of Section 28-3 of the Criminal Code of
14 1961 for knowingly offering for play a video gaming terminal
15 within a municipality or county that prohibits video gaming as
16 provided in Section 27 or 70 of the Video Gaming Act, one-half
17 shall be deposited into the Capital Projects Fund and the other
18 one-half shall be allocated to the police authority that
19 initiated the procedure leading to the imposition of fines
20 under Section 28-3 of the Criminal Code of 1961.
21 (Source: P.A. 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428,
22 eff. 8-24-07; 95-600, eff. 6-1-08; 95-876, eff. 8-21-08;
23 96-576, eff. 8-18-09; 96-578, eff. 8-18-09; 96-625, eff.
24 1-1-10; 96-667, eff. 8-25-09; 96-735, eff. 1-1-10; revised
25 12-29-09.)
 

 

 

HB5134 - 25 - LRB096 19865 AMC 35321 b

1     Section 15. The Criminal Code of 1961 is amended by
2 changing Sections 28-2 and 28-3 as follows:
 
3     (720 ILCS 5/28-2)  (from Ch. 38, par. 28-2)
4     Sec. 28-2. Definitions.
5     (a) A "gambling device" is any clock, tape machine, slot
6 machine or other machines or device for the reception of money
7 or other thing of value on chance or skill or upon the action
8 of which money or other thing of value is staked, hazarded,
9 bet, won or lost; or any mechanism, furniture, fixture,
10 equipment or other device designed primarily for use in a
11 gambling place. A "gambling device" does not include:
12         (1) A coin-in-the-slot operated mechanical device
13     played for amusement which rewards the player with the
14     right to replay such mechanical device, which device is so
15     constructed or devised as to make such result of the
16     operation thereof depend in part upon the skill of the
17     player and which returns to the player thereof no money,
18     property or right to receive money or property unless the
19     mechanical device is located within a municipality or
20     county that has prohibited video gaming as provided in
21     Section 27 or 70 of the Video Gaming Act.
22         (2) Vending machines by which full and adequate return
23     is made for the money invested and in which there is no
24     element of chance or hazard.
25         (3) A crane game. For the purposes of this paragraph

 

 

HB5134 - 26 - LRB096 19865 AMC 35321 b

1     (3), a "crane game" is an amusement device involving skill,
2     if it rewards the player exclusively with merchandise
3     contained within the amusement device proper and limited to
4     toys, novelties and prizes other than currency, each having
5     a wholesale value which is not more than $25.
6         (4) A redemption machine. For the purposes of this
7     paragraph (4), a "redemption machine" is a single-player or
8     multi-player amusement device involving a game, the object
9     of which is throwing, rolling, bowling, shooting, placing,
10     or propelling a ball or other object into, upon, or against
11     a hole or other target, provided that all of the following
12     conditions are met:
13             (A) The outcome of the game is predominantly
14         determined by the skill of the player.
15             (B) The award of the prize is based solely upon the
16         player's achieving the object of the game or otherwise
17         upon the player's score.
18             (C) Only merchandise prizes are awarded.
19             (D) The wholesale value of prizes awarded in lieu
20         of tickets or tokens for single play of the device does
21         not exceed $25.
22             (E) The redemption value of tickets, tokens, and
23         other representations of value, which may be
24         accumulated by players to redeem prizes of greater
25         value, does not exceed the amount charged for a single
26         play of the device.

 

 

HB5134 - 27 - LRB096 19865 AMC 35321 b

1     (a-5) "Internet" means an interactive computer service or
2 system or an information service, system, or access software
3 provider that provides or enables computer access by multiple
4 users to a computer server, and includes, but is not limited
5 to, an information service, system, or access software provider
6 that provides access to a network system commonly known as the
7 Internet, or any comparable system or service and also
8 includes, but is not limited to, a World Wide Web page,
9 newsgroup, message board, mailing list, or chat area on any
10 interactive computer service or system or other online service.
11     (a-6) "Access" and "computer" have the meanings ascribed to
12 them in Section 16D-2 of this Code.
13     (b) A "lottery" is any scheme or procedure whereby one or
14 more prizes are distributed by chance among persons who have
15 paid or promised consideration for a chance to win such prizes,
16 whether such scheme or procedure is called a lottery, raffle,
17 gift, sale or some other name.
18     (c) A "policy game" is any scheme or procedure whereby a
19 person promises or guarantees by any instrument, bill,
20 certificate, writing, token or other device that any particular
21 number, character, ticket or certificate shall in the event of
22 any contingency in the nature of a lottery entitle the
23 purchaser or holder to receive money, property or evidence of
24 debt.
25 (Source: P.A. 95-676, eff. 6-1-08.)
 

 

 

HB5134 - 28 - LRB096 19865 AMC 35321 b

1     (720 ILCS 5/28-3)   (from Ch. 38, par. 28-3)
2     Sec. 28-3. Keeping a Gambling Place. A "gambling place" is
3 any real estate, vehicle, boat or any other property whatsoever
4 used for the purposes of gambling other than gambling conducted
5 in the manner authorized by the Riverboat Gambling Act or the
6 Video Gaming Act. "Gambling place" also includes any real
7 estate, vehicle, boat, or other property whatsoever located
8 within a municipality or county that prohibits video gaming as
9 provided in Section 27 or 70 of the Video Gaming Act that
10 offers for play a video gaming terminal operated for amusement
11 only.
12     Any person who knowingly permits any premises or property
13 owned or occupied by him or under his control to be used as a
14 gambling place commits a Class A misdemeanor. Each subsequent
15 offense is a Class 4 felony.
16     If a person knowingly offers for play a video gaming
17 terminal, whether or not the terminal is operated for amusement
18 only, within a municipality or county that prohibits video
19 gaming as provided in Section 27 or 70 of the Video Gaming Act,
20 then the fine for violation of this Section is $5,000 per video
21 gaming terminal.
22     When any premises is determined by the circuit court to be
23 a gambling place:
24     (a) Such premises is a public nuisance and may be proceeded
25 against as such, and
26     (b) All licenses, permits or certificates issued by the

 

 

HB5134 - 29 - LRB096 19865 AMC 35321 b

1 State of Illinois or any subdivision or public agency thereof
2 authorizing the serving of food or liquor on such premises
3 shall be void; and no license, permit or certificate so
4 cancelled shall be reissued for such premises for a period of
5 60 days thereafter; nor shall any person convicted of keeping a
6 gambling place be reissued such license for one year from his
7 conviction and, after a second conviction of keeping a gambling
8 place, any such person shall not be reissued such license, and
9     (c) Such premises of any person who knowingly permits
10 thereon a violation of any Section of this Article shall be
11 held liable for, and may be sold to pay any unsatisfied
12 judgment that may be recovered and any unsatisfied fine that
13 may be levied under any Section of this Article.
14 (Source: P.A. 96-34, eff. 7-13-09.)
 
15     Section 99. Effective date. This Act takes effect upon
16 becoming law.

 

 

HB5134 - 30 - LRB096 19865 AMC 35321 b

1 INDEX
2 Statutes amended in order of appearance
3     230 ILCS 40/27
4     230 ILCS 40/35
5     230 ILCS 40/70
6     230 ILCS 40/71 new
7     230 ILCS 40/72 new
8     705 ILCS 105/27.6
9     720 ILCS 5/28-2 from Ch. 38, par. 28-2
10     720 ILCS 5/28-3from Ch. 38, par. 28-3