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90_HB0618enr
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.
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1 AN ACT in relation to criminal fines.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 2. The Illinois Controlled Substances Act is
5 amended by changing Section 402 as follows:
6 (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
7 Sec. 402. Except as otherwise authorized by this Act, it
8 is unlawful for any person knowingly to possess a controlled
9 or counterfeit substance. A violation of this Act with
10 respect to each of the controlled substances listed herein
11 constitutes a single and separate violation of this Act.
12 (a) Any person who violates this Section with respect to
13 the following controlled or counterfeit substances and
14 amounts, notwithstanding any of the provisions of subsection
15 (c) and (d) to the contrary, is guilty of a Class 1 felony
16 and shall, if sentenced to a term of imprisonment, be
17 sentenced as provided in this subsection (a) and fined as
18 provided in subsection (b):
19 (1) (A) not less than 4 years and not more than 15
20 years with respect to 15 grams or more but less than
21 100 grams of a substance containing heroin;
22 (B) not less than 6 years and not more than 30
23 years with respect to 100 grams or more but less
24 than 400 grams of a substance containing heroin;
25 (C) not less than 8 years and not more than 40
26 years with respect to 400 grams or more but less
27 than 900 grams of any substance containing heroin;
28 (D) not less than 10 years and not more than
29 50 years with respect to 900 grams or more of any
30 substance containing heroin;
31 (2) (A) not less than 4 years and not more than 15
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1 years with respect to 15 grams or more but less than
2 100 grams of any substance containing cocaine;
3 (B) not less than 6 years and not more than 30
4 years with respect to 100 grams or more but less
5 than 400 grams of any substance containing cocaine;
6 (C) not less than 8 years and not more than 40
7 years with respect to 400 grams or more but less
8 than 900 grams of any substance containing cocaine;
9 (D) not less than 10 years and not more than
10 50 years with respect to 900 grams or more of any
11 substance containing cocaine;
12 (3) (A) not less than 4 years and not more than 15
13 years with respect to 15 grams or more but less than
14 100 grams of any substance containing morphine;
15 (B) not less than 6 years and not more than 30
16 years with respect to 100 grams or more but less
17 than 400 grams of any substance containing morphine;
18 (C) not less than 8 years and not more than 40
19 years with respect to 400 grams or more but less
20 than 900 grams of any substance containing morphine;
21 (D) not less than 10 years and not more than
22 50 years with respect to 900 grams or more of any
23 substance containing morphine;
24 (4) 200 grams or more of any substance containing
25 peyote;
26 (5) 200 grams or more of any substance containing a
27 derivative of barbituric acid or any of the salts of a
28 derivative of barbituric acid;
29 (6) 200 grams or more of any substance containing
30 amphetamine or methamphetamine or any salt of an optical
31 isomer of amphetamine or methamphetamine;
32 (7) (A) not less than 4 years and not more than 15
33 years with respect to: (i) 15 grams or more but less
34 than 100 grams of any substance containing lysergic
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1 acid diethylamide (LSD), or an analog thereof, or
2 (ii) 15 or more objects or 15 or more segregated
3 parts of an object or objects but less than 200
4 objects or 200 segregated parts of an object or
5 objects containing in them or having upon them any
6 amount of any substance containing lysergic acid
7 diethylamide (LSD), or an analog thereof;
8 (B) not less than 6 years and not more than 30
9 years with respect to: (i) 100 grams or more but
10 less than 400 grams of any substance containing
11 lysergic acid diethylamide (LSD), or an analog
12 thereof, or (ii) 200 or more objects or 200 or more
13 segregated parts of an object or objects but less
14 than 600 objects or less than 600 segregated parts
15 of an object or objects containing in them or having
16 upon them any amount of any substance containing
17 lysergic acid diethylamide (LSD), or an analog
18 thereof;
19 (C) not less than 8 years and not more than 40
20 years with respect to: (i) 400 grams or more but
21 less than 900 grams of any substance containing
22 lysergic acid diethylamide (LSD), or an analog
23 thereof, or (ii) 600 or more objects or 600 or more
24 segregated parts of an object or objects but less
25 than 1500 objects or 1500 segregated parts of an
26 object or objects containing in them or having upon
27 them any amount of any substance containing lysergic
28 acid diethylamide (LSD), or an analog thereof;
29 (D) not less than 10 years and not more than
30 50 years with respect to: (i) 900 grams or more of
31 any substance containing lysergic acid diethylamide
32 (LSD), or an analog thereof, or (ii) 1500 or more
33 objects or 1500 or more segregated parts of an
34 object or objects containing in them or having upon
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1 them any amount of a substance containing lysergic
2 acid diethylamide (LSD), or an analog thereof;
3 (8) 30 grams or more of any substance containing
4 pentazocine or any of the salts, isomers and salts of
5 isomers of pentazocine, or an analog thereof;
6 (9) 30 grams or more of any substance containing
7 methaqualone or any of the salts, isomers and salts of
8 isomers of methaqualone;
9 (10) 30 grams or more of any substance containing
10 phencyclidine or any of the salts, isomers and salts of
11 isomers of phencyclidine (PCP);
12 (11) 200 grams or more of any substance containing
13 any substance classified as a narcotic drug in Schedules
14 I or II which is not otherwise included in this
15 subsection.
16 (b) Any person sentenced with respect to violations of
17 paragraph (1), (2), (3) or (7) of subsection (a) involving
18 100 grams or more of the controlled substance named therein,
19 may in addition to the penalties provided therein, be fined
20 an amount not to exceed $200,000 or the full street value of
21 the controlled or counterfeit substances, whichever is
22 greater. The term "street value" shall have the meaning
23 ascribed in Section 110-5 of the Code of Criminal Procedure
24 of 1963. Any person sentenced with respect to any other
25 provision of subsection (a), may in addition to the penalties
26 provided therein, be fined an amount not to exceed $200,000.
27 (c) Any person who violates this Section with regard to
28 an amount of a controlled or counterfeit substance not set
29 forth in subsection (a) or (d) is guilty of a Class 4 felony.
30 The fine for a violation punishable under this subsection (c)
31 shall not be more than $25,000 $15,000.
32 (d) Any person who violates this Section with regard to
33 any amount of anabolic steroid is guilty of a Class C
34 misdemeanor for the first offense and a Class B misdemeanor
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1 for a subsequent offense committed within 2 years of a prior
2 conviction.
3 (Source: P.A. 89-404, eff. 8-20-95.)
4 Section 5. The Unified Code of Corrections is amended by
5 changing Sections 5-1-2 and 5-9-1 as follows:
6 (730 ILCS 5/5-1-2) (from Ch. 38, par. 1005-1-2)
7 Sec. 5-1-2. Business Offense.
8 "Business Offense" means a petty offense for which the
9 fine is in excess of $1,000 $500.
10 (Source: P.A. 77-2097.)
11 (730 ILCS 5/5-9-1) (from Ch. 38, par. 1005-9-1)
12 Sec. 5-9-1. Authorized fines.
13 (a) An offender may be sentenced to pay a fine which
14 shall not exceed for each offense:
15 (1) for a felony, $25,000 $10,000 or the amount
16 specified in the offense, whichever is greater, or where
17 the offender is a corporation, $50,000 or the amount
18 specified in the offense, whichever is greater;
19 (2) for a Class A misdemeanor, $2,500 $1,000 or the
20 amount specified in the offense, whichever is greater;
21 (3) for a Class B or Class C misdemeanor, $1,500
22 $500;
23 (4) for a petty offense, $1,000 $500 or the amount
24 specified in the offense, whichever is less;
25 (5) for a business offense, the amount specified in
26 the statute defining that offense.
27 (b) A fine may be imposed in addition to a sentence of
28 conditional discharge, probation, periodic imprisonment, or
29 imprisonment.
30 (c) There shall be added to every fine imposed in
31 sentencing for a criminal or traffic offense, except an
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1 offense relating to parking or registration, or offense by a
2 pedestrian, an additional penalty of $4 for each $40, or
3 fraction thereof, of fine imposed. The additional penalty of
4 $4 for each $40, or fraction thereof, of fine imposed, if not
5 otherwise assessed, shall also be added to every fine imposed
6 upon a plea of guilty, stipulation of facts or findings of
7 guilty, resulting in a judgment of conviction, or order of
8 supervision in criminal, traffic, local ordinance, county
9 ordinance, and conservation cases (except parking,
10 registration, or pedestrian violations), or upon a sentence
11 of probation without entry of judgment under Section 10 of
12 the Cannabis Control Act or Section 410 of the Controlled
13 Substances Act.
14 Such additional amounts shall be assessed by the court
15 imposing the fine and shall be collected by the Circuit Clerk
16 in addition to the fine and costs in the case. Each such
17 additional penalty shall be remitted by the Circuit Clerk
18 within one month after receipt to the State Treasurer for
19 deposit into the Traffic and Criminal Conviction Surcharge
20 Fund, unless the fine, costs or additional amounts are
21 subject to disbursement by the circuit clerk under Section
22 27.5 of the Clerks of Courts Act. Such additional penalty
23 shall not be considered a part of the fine for purposes of
24 any reduction in the fine for time served either before or
25 after sentencing. Not later than March 1 of each year the
26 Circuit Clerk shall submit a report of the amount of funds
27 remitted to the State Treasurer under this subsection (c)
28 during the preceding calendar year. Except as otherwise
29 provided by Supreme Court Rules, if a court in imposing a
30 fine against an offender levies a gross amount for fine,
31 costs, fees and penalties, the amount of the additional
32 penalty provided for herein shall be computed on the amount
33 remaining after deducting from the gross amount levied all
34 fees of the Circuit Clerk, the State's Attorney and the
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1 Sheriff. After deducting from the gross amount levied the
2 fees and additional penalty provided for herein, less any
3 other additional penalties provided by law, the clerk shall
4 remit the net balance remaining to the entity authorized by
5 law to receive the fine imposed in the case. For purposes of
6 this Section "fees of the Circuit Clerk" shall include, if
7 applicable, the fee provided for under Section 27.3a of the
8 Clerks of Courts Act and the fee, if applicable, payable to
9 the county in which the violation occurred pursuant to
10 Section 5-1101 of the Counties Code.
11 (c-5) In addition to the fines imposed by subsection
12 (c), any person convicted or receiving an order of
13 supervision for driving under the influence of alcohol or
14 drugs shall pay an additional $25 fee to the clerk. This
15 additional fee, less 2 1/2% that shall be used to defray
16 administrative costs incurred by the clerk, shall be remitted
17 by the clerk to the Treasurer within 60 days after receipt
18 for deposit into the Trauma Center Fund. This additional fee
19 of $25 shall not be considered a part of the fine for
20 purposes of any reduction in the fine for time served either
21 before or after sentencing. Not later than March 1 of each
22 year the Circuit Clerk shall submit a report of the amount of
23 funds remitted to the State Treasurer under this subsection
24 (c-5) during the preceding calendar year.
25 The Circuit Clerk may accept payment of fines and costs
26 by credit card from an offender who has been convicted of a
27 traffic offense, petty offense or misdemeanor and may charge
28 the service fee permitted where fines and costs are paid by
29 credit card provided for in Section 27.3b of the Clerks of
30 Courts Act.
31 (d) In determining the amount and method of payment of a
32 fine, except for those fines established for violations of
33 Chapter 15 of the Illinois Vehicle Code, the court shall
34 consider:
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1 (1) the financial resources and future ability of
2 the offender to pay the fine; and
3 (2) whether the fine will prevent the offender from
4 making court ordered restitution or reparation to the
5 victim of the offense; and
6 (3) in a case where the accused is a dissolved
7 corporation and the court has appointed counsel to
8 represent the corporation, the costs incurred either by
9 the county or the State for such representation.
10 (e) The court may order the fine to be paid forthwith or
11 within a specified period of time or in installments.
12 (f) All fines, costs and additional amounts imposed
13 under this Section for any violation of Chapters 3, 4, 6, and
14 11 of the Illinois Vehicle Code, or a similar provision of a
15 local ordinance, and any violation of the Child Passenger
16 Protection Act, or a similar provision of a local ordinance,
17 shall be collected and disbursed by the circuit clerk as
18 provided under Section 27.5 of the Clerks of Courts Act.
19 (Source: P.A. 89-105, eff. 1-1-96.)