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| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
90_HB0618
730 ILCS 5/5-1-2 from Ch. 38, par. 1005-1-2
730 ILCS 5/5-9-1 from Ch. 38, par. 1005-9-1
Amends the Unified Code of Corrections. Changes the
maximum fines that the court may impose for a felony from
$10,000 to $25,000, for a Class A misdemeanor from $1,000 to
$2,500, for a Class B or C misdemeanor from $500 to $1,500,
and for a petty offense from $500 to $1,000.
LRB9003115RCks
LRB9003115RCks
1 AN ACT to amend the Unified Code of Corrections by
2 changing Sections 5-1-2 and 5-9-1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unified Code of Corrections is amended by
6 changing Sections 5-1-2 and 5-9-1 as follows:
7 (730 ILCS 5/5-1-2) (from Ch. 38, par. 1005-1-2)
8 Sec. 5-1-2. Business Offense.
9 "Business Offense" means a petty offense for which the
10 fine is in excess of $1,000 $500.
11 (Source: P.A. 77-2097.)
12 (730 ILCS 5/5-9-1) (from Ch. 38, par. 1005-9-1)
13 Sec. 5-9-1. Authorized fines.
14 (a) An offender may be sentenced to pay a fine which
15 shall not exceed for each offense:
16 (1) for a felony, $25,000 $10,000 or the amount
17 specified in the offense, whichever is greater, or where
18 the offender is a corporation, $50,000 or the amount
19 specified in the offense, whichever is greater;
20 (2) for a Class A misdemeanor, $2,500 $1,000 or the
21 amount specified in the offense, whichever is greater;
22 (3) for a Class B or Class C misdemeanor, $1,500
23 $500;
24 (4) for a petty offense, $1,000 $500 or the amount
25 specified in the offense, whichever is less;
26 (5) for a business offense, the amount specified in
27 the statute defining that offense.
28 (b) A fine may be imposed in addition to a sentence of
29 conditional discharge, probation, periodic imprisonment, or
30 imprisonment.
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1 (c) There shall be added to every fine imposed in
2 sentencing for a criminal or traffic offense, except an
3 offense relating to parking or registration, or offense by a
4 pedestrian, an additional penalty of $4 for each $40, or
5 fraction thereof, of fine imposed. The additional penalty of
6 $4 for each $40, or fraction thereof, of fine imposed, if not
7 otherwise assessed, shall also be added to every fine imposed
8 upon a plea of guilty, stipulation of facts or findings of
9 guilty, resulting in a judgment of conviction, or order of
10 supervision in criminal, traffic, local ordinance, county
11 ordinance, and conservation cases (except parking,
12 registration, or pedestrian violations), or upon a sentence
13 of probation without entry of judgment under Section 10 of
14 the Cannabis Control Act or Section 410 of the Controlled
15 Substances Act.
16 Such additional amounts shall be assessed by the court
17 imposing the fine and shall be collected by the Circuit Clerk
18 in addition to the fine and costs in the case. Each such
19 additional penalty shall be remitted by the Circuit Clerk
20 within one month after receipt to the State Treasurer for
21 deposit into the Traffic and Criminal Conviction Surcharge
22 Fund, unless the fine, costs or additional amounts are
23 subject to disbursement by the circuit clerk under Section
24 27.5 of the Clerks of Courts Act. Such additional penalty
25 shall not be considered a part of the fine for purposes of
26 any reduction in the fine for time served either before or
27 after sentencing. Not later than March 1 of each year the
28 Circuit Clerk shall submit a report of the amount of funds
29 remitted to the State Treasurer under this subsection (c)
30 during the preceding calendar year. Except as otherwise
31 provided by Supreme Court Rules, if a court in imposing a
32 fine against an offender levies a gross amount for fine,
33 costs, fees and penalties, the amount of the additional
34 penalty provided for herein shall be computed on the amount
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1 remaining after deducting from the gross amount levied all
2 fees of the Circuit Clerk, the State's Attorney and the
3 Sheriff. After deducting from the gross amount levied the
4 fees and additional penalty provided for herein, less any
5 other additional penalties provided by law, the clerk shall
6 remit the net balance remaining to the entity authorized by
7 law to receive the fine imposed in the case. For purposes of
8 this Section "fees of the Circuit Clerk" shall include, if
9 applicable, the fee provided for under Section 27.3a of the
10 Clerks of Courts Act and the fee, if applicable, payable to
11 the county in which the violation occurred pursuant to
12 Section 5-1101 of the Counties Code.
13 (c-5) In addition to the fines imposed by subsection
14 (c), any person convicted or receiving an order of
15 supervision for driving under the influence of alcohol or
16 drugs shall pay an additional $25 fee to the clerk. This
17 additional fee, less 2 1/2% that shall be used to defray
18 administrative costs incurred by the clerk, shall be remitted
19 by the clerk to the Treasurer within 60 days after receipt
20 for deposit into the Trauma Center Fund. This additional fee
21 of $25 shall not be considered a part of the fine for
22 purposes of any reduction in the fine for time served either
23 before or after sentencing. Not later than March 1 of each
24 year the Circuit Clerk shall submit a report of the amount of
25 funds remitted to the State Treasurer under this subsection
26 (c-5) during the preceding calendar year.
27 The Circuit Clerk may accept payment of fines and costs
28 by credit card from an offender who has been convicted of a
29 traffic offense, petty offense or misdemeanor and may charge
30 the service fee permitted where fines and costs are paid by
31 credit card provided for in Section 27.3b of the Clerks of
32 Courts Act.
33 (d) In determining the amount and method of payment of a
34 fine, except for those fines established for violations of
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1 Chapter 15 of the Illinois Vehicle Code, the court shall
2 consider:
3 (1) the financial resources and future ability of
4 the offender to pay the fine; and
5 (2) whether the fine will prevent the offender from
6 making court ordered restitution or reparation to the
7 victim of the offense; and
8 (3) in a case where the accused is a dissolved
9 corporation and the court has appointed counsel to
10 represent the corporation, the costs incurred either by
11 the county or the State for such representation.
12 (e) The court may order the fine to be paid forthwith or
13 within a specified period of time or in installments.
14 (f) All fines, costs and additional amounts imposed
15 under this Section for any violation of Chapters 3, 4, 6, and
16 11 of the Illinois Vehicle Code, or a similar provision of a
17 local ordinance, and any violation of the Child Passenger
18 Protection Act, or a similar provision of a local ordinance,
19 shall be collected and disbursed by the circuit clerk as
20 provided under Section 27.5 of the Clerks of Courts Act.
21 (Source: P.A. 89-105, eff. 1-1-96.)