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| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ Senate Amendment 002 ] |
92_SB0064eng SB64 Engrossed LRB9201534DHmbA 1 AN ACT in relation to vehicles. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Emergency Medical Services (EMS) Systems 5 Act is amended by changing Section 3.225 as follows: 6 (210 ILCS 50/3.225) 7 Sec. 3.225. Trauma Center Fund. 8 (a) Except as provided in subsection (a-1), the 9 Department shall distribute 97.5% of 50% of the moneys 10 deposited into the Trauma Center Fund, a special fund in the 11 State Treasury, to Illinois hospitals that are designated as 12 trauma centers. The payments to those hospitals shall be in 13 addition to any other payments paid and shall be in an amount 14 calculated under subsectionparagraph(b) of this Section. 15 (a-1) Of the moneys deposited into the Fund from fees 16 collected under subsections (b) and (c) of Section 27.6 of 17 the Clerks of Courts Act, 97.5% must be distributed to 18 Illinois hospitals that are designated as trauma centers. 19 The payments to those hospitals shall be in addition to any 20 other payments paid and shall be in an amount calculated 21 under subsection (b) of this Section. The Department may 22 retain 2.5% of the deposited moneys to defray the cost of 23 administering the distributions. 24 (b) Trauma payment calculation. 25 (1) The Department shall implement an accounting 26 system to ensure that the moneys in the fund are 27 distributed. 28 (2) The moneys in the fund shall be allocated 29 proportionately to each EMS region so that the EMS region 30 receives the moneys collected from within its region for 31 violations of laws or ordinances regulating the movement SB64 Engrossed -2- LRB9201534DHmbA 1 of traffic. 2 (3) The formula for distribution to individual 3 hospitals shall be based on factors identified in rules 4 adopted by the Department pursuant to this Act. No 5 moneys may be distributed to a trauma center located 6 outside of the State. 7 (c) Except as provided in subsection (a-1), the 8 Department may retain 2.5% of 50% of the moneys in the Trauma 9 Center Fund to defray the cost of administering the 10 distributions. 11 (Source: P.A. 89-177, eff. 7-19-95.) 12 Section 10. The Illinois Vehicle Code is amended by 13 changing Section 11-501 as follows: 14 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) 15 Sec. 11-501. Driving while under the influence of 16 alcohol, other drug or drugs, intoxicating compound or 17 compounds or any combination thereof. 18 (a) A person shall not drive or be in actual physical 19 control of any vehicle within this State while: 20 (1) the alcohol concentration in the person's blood 21 or breath is 0.08 or more based on the definition of 22 blood and breath units in Section 11-501.2; 23 (2) under the influence of alcohol; 24 (3) under the influence of any intoxicating 25 compound or combination of intoxicating compounds to a 26 degree that renders the person incapable of driving 27 safely; 28 (4) under the influence of any other drug or 29 combination of drugs to a degree that renders the person 30 incapable of safely driving; 31 (5) under the combined influence of alcohol, other 32 drug or drugs, or intoxicating compound or compounds to a SB64 Engrossed -3- LRB9201534DHmbA 1 degree that renders the person incapable of safely 2 driving; or 3 (6) there is any amount of a drug, substance, or 4 compound in the person's breath, blood, or urine 5 resulting from the unlawful use or consumption of 6 cannabis listed in the Cannabis Control Act, a controlled 7 substance listed in the Illinois Controlled Substances 8 Act, or an intoxicating compound listed in the Use of 9 Intoxicating Compounds Act. 10 (b) The fact that any person charged with violating this 11 Section is or has been legally entitled to use alcohol, other 12 drug or drugs, or intoxicating compound or compounds, or any 13 combination thereof, shall not constitute a defense against 14 any charge of violating this Section. 15 (c) Except as provided under paragraphs (c-3) and (d) of 16 this Section, every person convicted of violating this 17 Section or a similar provision of a local ordinance, shall be 18 guilty of a Class A misdemeanor and, in addition to any other 19 criminal or administrative action, for any second conviction 20 of violating this Section or a similar provision of a law of 21 another state or local ordinance committed within 5 years of 22 a previous violation of this Section or a similar provision 23 of a local ordinance shall be mandatorily sentenced to a 24 minimum of 48 consecutive hours of imprisonment or assigned 25 to a minimum of 100 hours of community service as may be 26 determined by the court. Every person convicted of violating 27 this Section or a similar provision of a local ordinance 28 shall be subject to a mandatory minimum fine of $500 and a 29 mandatory 5 days of community service in a program benefiting 30 children if the person committed a violation of paragraph (a) 31 or a similar provision of a local ordinance while 32 transporting a person under age 16. Every person convicted a 33 second time for violating this Section or a similar provision 34 of a local ordinance within 5 years of a previous violation SB64 Engrossed -4- LRB9201534DHmbA 1 of this Section or a similar provision of a law of another 2 state or local ordinance shall be subject to a mandatory 3 minimum fine of $500 and 10 days of mandatory community 4 service in a program benefiting children if the current 5 offense was committed while transporting a person under age 6 16. The imprisonment or assignment under this subsection 7 shall not be subject to suspension nor shall the person be 8 eligible for probation in order to reduce the sentence or 9 assignment. 10 (c-1) (1) A person who violates this Section during a 11 period in which his or her driving privileges are revoked 12 or suspended, where the revocation or suspension was for 13 a violation of this Section, Section 11-501.1, paragraph 14 (b) of Section 11-401, or Section 9-3 of the Criminal 15 Code of 1961 is guilty of a Class 4 felony. 16 (2) A person who violates this Section a third time 17 during a period in which his or her driving privileges 18 are revoked or suspended where the revocation or 19 suspension was for a violation of this Section, Section 20 11-501.1, paragraph (b) of Section 11-401, or Section 9-3 21 of the Criminal Code of 1961 is guilty of a Class 3 22 felony. 23 (3) A person who violates this Section a fourth or 24 subsequent time during a period in which his or her 25 driving privileges are revoked or suspended where the 26 revocation or suspension was for a violation of this 27 Section, Section 11-501.1, paragraph (b) of Section 28 11-401, or Section 9-3 of the Criminal Code of 1961 is 29 guilty of a Class 2 felony. 30 (c-2) (Blank). 31 (c-3) Every person convicted of violating this Section 32 or a similar provision of a local ordinance who had a child 33 under age 16 in the vehicle at the time of the offense shall 34 have his or her punishment under this Act enhanced by 2 days SB64 Engrossed -5- LRB9201534DHmbA 1 of imprisonment for a first offense, 10 days of imprisonment 2 for a second offense, 30 days of imprisonment for a third 3 offense, and 90 days of imprisonment for a fourth or 4 subsequent offense, in addition to the fine and community 5 service required under subsection (c) and the possible 6 imprisonment required under subsection (d). The imprisonment 7 or assignment under this subsection shall not be subject to 8 suspension nor shall the person be eligible for probation in 9 order to reduce the sentence or assignment. 10 (d) (1) Every person convicted of committing a violation 11 of this Section shall be guilty of aggravated driving under 12 the influence of alcohol, other drug or drugs, or 13 intoxicating compound or compounds, or any combination 14 thereof if: 15 (A) the person committed a violation of this 16 Section, or a similar provision of a law of another state 17 or a local ordinance when the cause of action is the same 18 as or substantially similar to this Section, for the 19 third or subsequent time; 20 (B) the person committed a violation of paragraph 21 (a) while driving a school bus with children on board; 22 (C) the person in committing a violation of 23 paragraph (a) was involved in a motor vehicle accident 24 that resulted in great bodily harm or permanent 25 disability or disfigurement to another, when the 26 violation was a proximate cause of the injuries; or 27 (D) the person committed a violation of paragraph 28 (a) for a second time and has been previously convicted 29 of violating Section 9-3 of the Criminal Code of 1961 30 relating to reckless homicide in which the person was 31 determined to have been under the influence of alcohol, 32 other drug or drugs, or intoxicating compound or 33 compounds as an element of the offense or the person has 34 previously been convicted under subparagraph (C) of this SB64 Engrossed -6- LRB9201534DHmbA 1 paragraph (1). 2 (2) Aggravated driving under the influence of alcohol, 3 other drug or drugs, or intoxicating compound or compounds, 4 or any combination thereof is a Class 4 felony for which a 5 person, if sentenced to a term of imprisonment, shall be 6 sentenced to not less than one year and not more than 3 years 7 for a violation of subparagraph (A), (B) or (D) of paragraph 8 (1) of this subsection (d) and not less than one year and not 9 more than 12 years for a violation of subparagraph (C) of 10 paragraph (1) of this subsection (d). For any prosecution 11 under this subsection (d), a certified copy of the driving 12 abstract of the defendant shall be admitted as proof of any 13 prior conviction. 14 (e) After a finding of guilt and prior to any final 15 sentencing, or an order for supervision, for an offense based 16 upon an arrest for a violation of this Section or a similar 17 provision of a local ordinance, individuals shall be required 18 to undergo a professional evaluation to determine if an 19 alcohol, drug, or intoxicating compound abuse problem exists 20 and the extent of the problem. Programs conducting these 21 evaluations shall be licensed by the Department of Human 22 Services. The cost of any professional evaluation shall be 23 paid for by the individual required to undergo the 24 professional evaluation. 25 (f) Every person found guilty of violating this Section, 26 whose operation of a motor vehicle while in violation of this 27 Section proximately caused any incident resulting in an 28 appropriate emergency response, shall be liable for the 29 expense of an emergency response as provided under Section 30 5-5-3 of the Unified Code of Corrections. 31 (g) The Secretary of State shall revoke the driving 32 privileges of any person convicted under this Section or a 33 similar provision of a local ordinance. 34 (h) Every person sentenced under subsection (d) of this SB64 Engrossed -7- LRB9201534DHmbA 1 Section and who receives a term of probation or conditional 2 discharge shall be required to serve a minimum term of either 3 30 days community service or, beginning July 1, 1993, 48 4 consecutive hours of imprisonment as a condition of the 5 probation or conditional discharge. This mandatory minimum 6 term of imprisonment or assignment of community service shall 7 not be suspended and shall not be subject to reduction by the 8 court. 9 (i) The Secretary of State may use ignition interlock 10 device requirements when granting driving relief to 11 individuals who have been arrested for a second or subsequent 12 offense of this Section or a similar provision of a local 13 ordinance. The Secretary shall establish by rule and 14 regulation the procedures for use of the interlock system. 15 (j) In addition to any other penalties and liabilities, 16 a person who is found guilty of or pleads guilty to violating 17 this Section, including any person placed on court 18 supervision for violating this Section, shall be fined $100, 19 payable to the circuit clerk, who shall distribute the money 20 to the law enforcement agency that made the arrest. If the 21 person has been previously convicted of violating this 22 Section or a similar provision of a local ordinance, the fine 23 shall be $200. In the event that more than one agency is 24 responsible for the arrest, the $100 or $200 shall be shared 25 equally. Any moneys received by a law enforcement agency 26 under this subsection (j) shall be used to purchase law 27 enforcement equipment that will assist in the prevention of 28 alcohol related criminal violence throughout the State. This 29 shall include, but is not limited to, in-car video cameras, 30 radar and laser speed detection devices, and alcohol breath 31 testers. Any moneys received by the Department of State 32 Police under this subsection (j) shall be deposited into the 33 State Police DUI Fund and shall be used to purchase law 34 enforcement equipment that will assist in the prevention of SB64 Engrossed -8- LRB9201534DHmbA 1 alcohol related criminal violence throughout the State. 2 (Source: P.A. 90-43, eff. 7-2-97; 90-400, eff. 8-15-97; 3 90-611, eff. 1-1-99; 90-655, eff. 7-30-98; 90-738, eff. 4 1-1-99; 90-779, eff. 1-1-99; 91-126, eff. 7-16-99; 91-357, 5 eff. 7-29-99; 91-692, eff. 4-13-00; 91-822, eff. 6-13-00.) 6 Section 15. The Clerks of Courts Act is amended by 7 changing Section 27.6 as follows: 8 (705 ILCS 105/27.6) 9 Sec. 27.6. (a) All fees, fines, costs, additional 10 penalties, bail balances assessed or forfeited, and any other 11 amount paid by a person to the circuit clerk equalling an 12 amount of $55 or more, except the additional fee required by 13 subsections (b) and (c), restitution under Section 5-5-6 of 14 the Unified Code of Corrections, reimbursement for the costs 15 of an emergency response as provided under Section 5-5-3 of 16 the Unified Code of Corrections, any fees collected for 17 attending a traffic safety program under paragraph (c) of 18 Supreme Court Rule 529, any fee collected on behalf of a 19 State's Attorney under Section 4-2002 of the Counties Code or 20 a sheriff under Section 4-5001 of the Counties Code, or any 21 cost imposed under Section 124A-5 of the Code of Criminal 22 Procedure of 1963, for convictions, orders of supervision, or 23 any other disposition for a violation of Chapters 3, 4, 6, 24 11, and 12 of the Illinois Vehicle Code, or a similar 25 provision of a local ordinance, and any violation of the 26 Child Passenger Protection Act, or a similar provision of a 27 local ordinance, shall be disbursed within 60 days after 28 receipt by the circuit clerk as follows: 44.5% shall be 29 disbursed to the entity authorized by law to receive the fine 30 imposed in the case; 16.825% shall be disbursed to the State 31 Treasurer; and 38.675% shall be disbursed to the county's 32 general corporate fund. Of the 16.825% disbursed to the State SB64 Engrossed -9- LRB9201534DHmbA 1 Treasurer, 2/17 shall be deposited by the State Treasurer 2 into the Violent Crime Victims Assistance Fund, 5.052/17 3 shall be deposited into the Traffic and Criminal Conviction 4 Surcharge Fund, 3/17 shall be deposited into the Drivers 5 Education Fund, and 6.948/17 shall be deposited into the 6 Trauma Center Fund. Of the 6.948/17 deposited into the Trauma 7 Center Fund from the 16.825% disbursed to the State 8 Treasurer, 50% shall be disbursed to the Department of Public 9 Health and 50% shall be disbursed to the Department of Public 10 Aid. For fiscal year 1993, amounts deposited into the Violent 11 Crime Victims Assistance Fund, the Traffic and Criminal 12 Conviction Surcharge Fund, or the Drivers Education Fund 13 shall not exceed 110% of the amounts deposited into those 14 funds in fiscal year 1991. Any amount that exceeds the 110% 15 limit shall be distributed as follows: 50% shall be 16 disbursed to the county's general corporate fund and 50% 17 shall be disbursed to the entity authorized by law to receive 18 the fine imposed in the case. Not later than March 1 of each 19 year the circuit clerk shall submit a report of the amount of 20 funds remitted to the State Treasurer under this Section 21 during the preceding year based upon independent verification 22 of fines and fees. All counties shall be subject to this 23 Section, except that counties with a population under 24 2,000,000 may, by ordinance, elect not to be subject to this 25 Section. For offenses subject to this Section, judges shall 26 impose one total sum of money payable for violations. The 27 circuit clerk may add on no additional amounts except for 28 amounts that are required by Sections 27.3a and 27.3c of this 29 Act, unless those amounts are specifically waived by the 30 judge. With respect to money collected by the circuit clerk 31 as a result of forfeiture of bail, ex parte judgment or 32 guilty plea pursuant to Supreme Court Rule 529, the circuit 33 clerk shall first deduct and pay amounts required by Sections 34 27.3a and 27.3c of this Act. This Section is a denial and SB64 Engrossed -10- LRB9201534DHmbA 1 limitation of home rule powers and functions under subsection 2 (h) of Section 6 of Article VII of the Illinois Constitution. 3 (b) In addition to any other fines and court costs 4 assessed by the courts, any person convicted or receiving an 5 order of supervision for driving under the influence of 6 alcohol or drugs shall pay an additional fee of $100$25to 7 the clerk of the circuit court. This amount, less 2 1/2% 8 that shall be used to defray administrative costs incurred by 9 the clerk, shall be remitted by the clerk to the Treasurer 10 within 60 days after receipt for deposit into the Trauma 11 Center Fund. This additional fee of $100$25shall not be 12 considered a part of the fine for purposes of any reduction 13 in the fine for time served either before or after 14 sentencing. Not later than March 1 of each year the Circuit 15 Clerk shall submit a report of the amount of funds remitted 16 to the State Treasurer under this subsection during the 17 preceding calendar year. 18 (b-1) In addition to any other fines and court costs 19 assessed by the courts, any person convicted or receiving an 20 order of supervision for driving under the influence of 21 alcohol or drugs shall pay an additional fee of $5 to the 22 clerk of the circuit court. This amount, less 2 1/2% that 23 shall be used to defray administrative costs incurred by the 24 clerk, shall be remitted by the clerk to the Treasurer within 25 60 days after receipt for deposit into the Spinal Cord Injury 26 Paralysis Cure Research Trust Fund. This additional fee of 27 $5 shall not be considered a part of the fine for purposes of 28 any reduction in the fine for time served either before or 29 after sentencing. Not later than March 1 of each year the 30 Circuit Clerk shall submit a report of the amount of funds 31 remitted to the State Treasurer under this subsection during 32 the preceding calendar year. 33 (c) In addition to any other fines and court costs 34 assessed by the courts, any person convicted for a violation SB64 Engrossed -11- LRB9201534DHmbA 1 of Sections 24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 2 1961 or a person sentenced for a violation of the Cannabis 3 Control Act or the Controlled Substance Act shall pay an 4 additional fee of $100 to the clerk of the circuit court. 5 This amount, less 2 1/2% that shall be used to defray 6 administrative costs incurred by the clerk, shall be remitted 7 by the clerk to the Treasurer within 60 days after receipt 8 for deposit into the Trauma Center Fund. This additional fee 9 of $100 shall not be considered a part of the fine for 10 purposes of any reduction in the fine for time served either 11 before or after sentencing. Not later than March 1 of each 12 year the Circuit Clerk shall submit a report of the amount of 13 funds remitted to the State Treasurer under this subsection 14 during the preceding calendar year. 15 (c-1) In addition to any other fines and court costs 16 assessed by the courts, any person sentenced for a violation 17 of the Cannabis Control Act or the Illinois Controlled 18 Substances Act shall pay an additional fee of $5 to the clerk 19 of the circuit court. This amount, less 2 1/2% that shall be 20 used to defray administrative costs incurred by the clerk, 21 shall be remitted by the clerk to the Treasurer within 60 22 days after receipt for deposit into the Spinal Cord Injury 23 Paralysis Cure Research Trust Fund. This additional fee of 24 $5 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 27 Circuit Clerk shall submit a report of the amount of funds 28 remitted to the State Treasurer under this subsection during 29 the preceding calendar year. 30 (Source: P.A. 89-105, eff. 1-1-96; 89-234, eff. 1-1-96; 31 89-516, eff. 7-18-96; 89-626, eff. 8-9-96.) 32 Section 20. The Unified Code of Corrections is amended 33 by changing Sections 5-9-1 and 5-9-1.1 as follows: SB64 Engrossed -12- LRB9201534DHmbA 1 (730 ILCS 5/5-9-1) (from Ch. 38, par. 1005-9-1) 2 Sec. 5-9-1. Authorized fines. 3 (a) An offender may be sentenced to pay a fine which 4 shall not exceed for each offense: 5 (1) for a felony, $25,000 or the amount specified 6 in the offense, whichever is greater, or where the 7 offender is a corporation, $50,000 or the amount 8 specified in the offense, whichever is greater; 9 (2) for a Class A misdemeanor, $2,500 or the amount 10 specified in the offense, whichever is greater; 11 (3) for a Class B or Class C misdemeanor, $1,500; 12 (4) for a petty offense, $1,000 or the amount 13 specified in the offense, whichever is less; 14 (5) for a business offense, the amount specified in 15 the statute defining that offense. 16 (b) A fine may be imposed in addition to a sentence of 17 conditional discharge, probation, periodic imprisonment, or 18 imprisonment. 19 (c) There shall be added to every fine imposed in 20 sentencing for a criminal or traffic offense, except an 21 offense relating to parking or registration, or offense by a 22 pedestrian, an additional penalty of $5 for each $40, or 23 fraction thereof, of fine imposed. The additional penalty of 24 $5 for each $40, or fraction thereof, of fine imposed, if not 25 otherwise assessed, shall also be added to every fine imposed 26 upon a plea of guilty, stipulation of facts or findings of 27 guilty, resulting in a judgment of conviction, or order of 28 supervision in criminal, traffic, local ordinance, county 29 ordinance, and conservation cases (except parking, 30 registration, or pedestrian violations), or upon a sentence 31 of probation without entry of judgment under Section 10 of 32 the Cannabis Control Act or Section 410 of the Controlled 33 Substances Act. 34 Such additional amounts shall be assessed by the court SB64 Engrossed -13- LRB9201534DHmbA 1 imposing the fine and shall be collected by the Circuit Clerk 2 in addition to the fine and costs in the case. Each such 3 additional penalty shall be remitted by the Circuit Clerk 4 within one month after receipt to the State Treasurer. The 5 State Treasurer shall deposit $1 for each $40, or fraction 6 thereof, of fine imposed into the LEADS Maintenance Fund. 7 The remaining surcharge amount shall be deposited into the 8 Traffic and Criminal Conviction Surcharge Fund, unless the 9 fine, costs or additional amounts are subject to disbursement 10 by the circuit clerk under Section 27.5 of the Clerks of 11 Courts Act. Such additional penalty shall not be considered 12 a part of the fine for purposes of any reduction in the fine 13 for time served either before or after sentencing. Not 14 later than March 1 of each year the Circuit Clerk shall 15 submit a report of the amount of funds remitted to the State 16 Treasurer under this subsection (c) during the preceding 17 calendar year. Except as otherwise provided by Supreme Court 18 Rules, if a court in imposing a fine against an offender 19 levies a gross amount for fine, costs, fees and penalties, 20 the amount of the additional penalty provided for herein 21 shall be computed on the amount remaining after deducting 22 from the gross amount levied all fees of the Circuit Clerk, 23 the State's Attorney and the Sheriff. After deducting from 24 the gross amount levied the fees and additional penalty 25 provided for herein, less any other additional penalties 26 provided by law, the clerk shall remit the net balance 27 remaining to the entity authorized by law to receive the fine 28 imposed in the case. For purposes of this Section "fees of 29 the Circuit Clerk" shall include, if applicable, the fee 30 provided for under Section 27.3a of the Clerks of Courts Act 31 and the fee, if applicable, payable to the county in which 32 the violation occurred pursuant to Section 5-1101 of the 33 Counties Code. 34 (c-5) In addition to the fines imposed by subsection SB64 Engrossed -14- LRB9201534DHmbA 1 (c), any person convicted or receiving an order of 2 supervision for driving under the influence of alcohol or 3 drugs shall pay an additional $100$25fee to the clerk. 4 This additional fee, less 2 1/2% that shall be used to defray 5 administrative costs incurred by the clerk, shall be remitted 6 by the clerk to the Treasurer within 60 days after receipt 7 for deposit into the Trauma Center Fund. This additional fee 8 of $100$25shall not be considered a part of the fine for 9 purposes of any reduction in the fine for time served either 10 before or after sentencing. Not later than March 1 of each 11 year the Circuit Clerk shall submit a report of the amount of 12 funds remitted to the State Treasurer under this subsection 13 (c-5) during the preceding calendar year. 14 The Circuit Clerk may accept payment of fines and costs 15 by credit card from an offender who has been convicted of a 16 traffic offense, petty offense or misdemeanor and may charge 17 the service fee permitted where fines and costs are paid by 18 credit card provided for in Section 27.3b of the Clerks of 19 Courts Act. 20 (c-7) In addition to the fines imposed by subsection 21 (c), any person convicted or receiving an order of 22 supervision for driving under the influence of alcohol or 23 drugs shall pay an additional $5 fee to the clerk. This 24 additional fee, less 2 1/2% that shall be used to defray 25 administrative costs incurred by the clerk, shall be remitted 26 by the clerk to the Treasurer within 60 days after receipt 27 for deposit into the Spinal Cord Injury Paralysis Cure 28 Research Trust Fund. This additional fee of $5 shall not be 29 considered a part of the fine for purposes of any reduction 30 in the fine for time served either before or after 31 sentencing. Not later than March 1 of each year the Circuit 32 Clerk shall submit a report of the amount of funds remitted 33 to the State Treasurer under this subsection (c-7) during the 34 preceding calendar year. SB64 Engrossed -15- LRB9201534DHmbA 1 (d) In determining the amount and method of payment of a 2 fine, except for those fines established for violations of 3 Chapter 15 of the Illinois Vehicle Code, the court shall 4 consider: 5 (1) the financial resources and future ability of 6 the offender to pay the fine; and 7 (2) whether the fine will prevent the offender from 8 making court ordered restitution or reparation to the 9 victim of the offense; and 10 (3) in a case where the accused is a dissolved 11 corporation and the court has appointed counsel to 12 represent the corporation, the costs incurred either by 13 the county or the State for such representation. 14 (e) The court may order the fine to be paid forthwith or 15 within a specified period of time or in installments. 16 (f) All fines, costs and additional amounts imposed 17 under this Section for any violation of Chapters 3, 4, 6, and 18 11 of the Illinois Vehicle Code, or a similar provision of a 19 local ordinance, and any violation of the Child Passenger 20 Protection Act, or a similar provision of a local ordinance, 21 shall be collected and disbursed by the circuit clerk as 22 provided under Section 27.5 of the Clerks of Courts Act. 23 (Source: P.A. 89-105, eff. 1-1-96; 90-130, eff. 1-1-98; 24 90-384, eff. 1-1-98; 90-655, eff. 7-30-98.) 25 (730 ILCS 5/5-9-1.1) (from Ch. 38, par. 1005-9-1.1) 26 Sec. 5-9-1.1. Drug related offenses. 27 (a) When a person has been adjudged guilty of a drug 28 related offense involving possession or delivery of cannabis 29 or possession or delivery of a controlled substance as 30 defined in the Cannabis Control Act, as amended, or the 31 Illinois Controlled Substances Act, as amended, in addition 32 to any other penalty imposed, a fine shall be levied by the 33 court at not less than the full street value of the cannabis SB64 Engrossed -16- LRB9201534DHmbA 1 or controlled substances seized. 2 "Street value" shall be determined by the court on the 3 basis of testimony of law enforcement personnel and the 4 defendant as to the amount seized and such testimony as may 5 be required by the court as to the current street value of 6 the cannabis or controlled substance seized. 7 (b) In addition to any penalty imposed under subsection 8 (a) of this Section, a fine of $100 shall be levied by the 9 court, the proceeds of which shall be collected by the 10 Circuit Clerk and remitted to the State Treasurer under 11 Section 27.6 of the Clerks of Courts Act for deposit into the 12 Trauma Center Fund for distribution as provided under Section 13 3.225 of the Emergency Medical Services (EMS) Systems Act. 14 (c) In addition to any penalty imposed under subsection 15 (a) of this Section, a fee of $5 shall be assessed by the 16 court, the proceeds of which shall be collected by the 17 Circuit Clerk and remitted to the State Treasurer under 18 Section 27.6 of the Clerks of Courts Act for deposit into the 19 Spinal Cord Injury Paralysis Cure Research Trust Fund. This 20 additional fee of $5 shall not be considered a part of the 21 fine for purposes of any reduction in the fine for time 22 served either before or after sentencing. 23 (Source: P.A. 89-516, eff. 7-18-96.)