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| [ Senate Amendment 002 ] |
92_SB0064enr SB64 Enrolled 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 10. The Illinois Vehicle Code is amended by 5 changing Sections 11-501 and 16-104b as follows: 6 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) 7 Sec. 11-501. Driving while under the influence of 8 alcohol, other drug or drugs, intoxicating compound or 9 compounds or any combination thereof. 10 (a) A person shall not drive or be in actual physical 11 control of any vehicle within this State while: 12 (1) the alcohol concentration in the person's blood 13 or breath is 0.08 or more based on the definition of 14 blood and breath units in Section 11-501.2; 15 (2) under the influence of alcohol; 16 (3) under the influence of any intoxicating 17 compound or combination of intoxicating compounds to a 18 degree that renders the person incapable of driving 19 safely; 20 (4) under the influence of any other drug or 21 combination of drugs to a degree that renders the person 22 incapable of safely driving; 23 (5) under the combined influence of alcohol, other 24 drug or drugs, or intoxicating compound or compounds to a 25 degree that renders the person incapable of safely 26 driving; or 27 (6) there is any amount of a drug, substance, or 28 compound in the person's breath, blood, or urine 29 resulting from the unlawful use or consumption of 30 cannabis listed in the Cannabis Control Act, a controlled 31 substance listed in the Illinois Controlled Substances SB64 Enrolled -2- LRB9201534DHmbA 1 Act, or an intoxicating compound listed in the Use of 2 Intoxicating Compounds Act. 3 (b) The fact that any person charged with violating this 4 Section is or has been legally entitled to use alcohol, other 5 drug or drugs, or intoxicating compound or compounds, or any 6 combination thereof, shall not constitute a defense against 7 any charge of violating this Section. 8 (c) Except as provided under paragraphs (c-3) and (d) of 9 this Section, every person convicted of violating this 10 Section or a similar provision of a local ordinance, shall be 11 guilty of a Class A misdemeanor and, in addition to any other 12 criminal or administrative action, for any second conviction 13 of violating this Section or a similar provision of a law of 14 another state or local ordinance committed within 5 years of 15 a previous violation of this Section or a similar provision 16 of a local ordinance shall be mandatorily sentenced to a 17 minimum of 48 consecutive hours of imprisonment or assigned 18 to a minimum of 100 hours of community service as may be 19 determined by the court. Every person convicted of violating 20 this Section or a similar provision of a local ordinance 21 shall be subject to a mandatory minimum fine of $500 and a 22 mandatory 5 days of community service in a program benefiting 23 children if the person committed a violation of paragraph (a) 24 or a similar provision of a local ordinance while 25 transporting a person under age 16. Every person convicted a 26 second time for violating this Section or a similar provision 27 of a local ordinance within 5 years of a previous violation 28 of this Section or a similar provision of a law of another 29 state or local ordinance shall be subject to a mandatory 30 minimum fine of $500 and 10 days of mandatory community 31 service in a program benefiting children if the current 32 offense was committed while transporting a person under age 33 16. The imprisonment or assignment under this subsection 34 shall not be subject to suspension nor shall the person be SB64 Enrolled -3- LRB9201534DHmbA 1 eligible for probation in order to reduce the sentence or 2 assignment. 3 (c-1) (1) A person who violates this Section during a 4 period in which his or her driving privileges are revoked 5 or suspended, where the revocation or suspension was for 6 a violation of this Section, Section 11-501.1, paragraph 7 (b) of Section 11-401, or Section 9-3 of the Criminal 8 Code of 1961 is guilty of a Class 4 felony. 9 (2) A person who violates this Section a third time 10 during a period in which his or her driving privileges 11 are revoked or suspended where the revocation or 12 suspension was for a violation of this Section, Section 13 11-501.1, paragraph (b) of Section 11-401, or Section 9-3 14 of the Criminal Code of 1961 is guilty of a Class 3 15 felony. 16 (3) A person who violates this Section a fourth or 17 subsequent time during a period in which his or her 18 driving privileges are revoked or suspended where the 19 revocation or suspension was for a violation of this 20 Section, Section 11-501.1, paragraph (b) of Section 21 11-401, or Section 9-3 of the Criminal Code of 1961 is 22 guilty of a Class 2 felony. 23 (c-2) (Blank). 24 (c-3) Every person convicted of violating this Section 25 or a similar provision of a local ordinance who had a child 26 under age 16 in the vehicle at the time of the offense shall 27 have his or her punishment under this Act enhanced by 2 days 28 of imprisonment for a first offense, 10 days of imprisonment 29 for a second offense, 30 days of imprisonment for a third 30 offense, and 90 days of imprisonment for a fourth or 31 subsequent offense, in addition to the fine and community 32 service required under subsection (c) and the possible 33 imprisonment required under subsection (d). The imprisonment 34 or assignment under this subsection shall not be subject to SB64 Enrolled -4- LRB9201534DHmbA 1 suspension nor shall the person be eligible for probation in 2 order to reduce the sentence or assignment. 3 (d) (1) Every person convicted of committing a violation 4 of this Section shall be guilty of aggravated driving under 5 the influence of alcohol, other drug or drugs, or 6 intoxicating compound or compounds, or any combination 7 thereof if: 8 (A) the person committed a violation of this 9 Section, or a similar provision of a law of another state 10 or a local ordinance when the cause of action is the same 11 as or substantially similar to this Section, for the 12 third or subsequent time; 13 (B) the person committed a violation of paragraph 14 (a) while driving a school bus with children on board; 15 (C) the person in committing a violation of 16 paragraph (a) was involved in a motor vehicle accident 17 that resulted in great bodily harm or permanent 18 disability or disfigurement to another, when the 19 violation was a proximate cause of the injuries; or 20 (D) the person committed a violation of paragraph 21 (a) for a second time and has been previously convicted 22 of violating Section 9-3 of the Criminal Code of 1961 23 relating to reckless homicide in which the person was 24 determined to have been under the influence of alcohol, 25 other drug or drugs, or intoxicating compound or 26 compounds as an element of the offense or the person has 27 previously been convicted under subparagraph (C) of this 28 paragraph (1). 29 (2) Aggravated driving under the influence of alcohol, 30 other drug or drugs, or intoxicating compound or compounds, 31 or any combination thereof is a Class 4 felony for which a 32 person, if sentenced to a term of imprisonment, shall be 33 sentenced to not less than one year and not more than 3 years 34 for a violation of subparagraph (A), (B) or (D) of paragraph SB64 Enrolled -5- LRB9201534DHmbA 1 (1) of this subsection (d) and not less than one year and not 2 more than 12 years for a violation of subparagraph (C) of 3 paragraph (1) of this subsection (d). For any prosecution 4 under this subsection (d), a certified copy of the driving 5 abstract of the defendant shall be admitted as proof of any 6 prior conviction. 7 (e) After a finding of guilt and prior to any final 8 sentencing, or an order for supervision, for an offense based 9 upon an arrest for a violation of this Section or a similar 10 provision of a local ordinance, individuals shall be required 11 to undergo a professional evaluation to determine if an 12 alcohol, drug, or intoxicating compound abuse problem exists 13 and the extent of the problem. Programs conducting these 14 evaluations shall be licensed by the Department of Human 15 Services. The cost of any professional evaluation shall be 16 paid for by the individual required to undergo the 17 professional evaluation. 18 (f) Every person found guilty of violating this Section, 19 whose operation of a motor vehicle while in violation of this 20 Section proximately caused any incident resulting in an 21 appropriate emergency response, shall be liable for the 22 expense of an emergency response as provided under Section 23 5-5-3 of the Unified Code of Corrections. 24 (g) The Secretary of State shall revoke the driving 25 privileges of any person convicted under this Section or a 26 similar provision of a local ordinance. 27 (h) Every person sentenced under subsection (d) of this 28 Section and who receives a term of probation or conditional 29 discharge shall be required to serve a minimum term of either 30 30 days community service or, beginning July 1, 1993, 48 31 consecutive hours of imprisonment as a condition of the 32 probation or conditional discharge. This mandatory minimum 33 term of imprisonment or assignment of community service shall 34 not be suspended and shall not be subject to reduction by the SB64 Enrolled -6- LRB9201534DHmbA 1 court. 2 (i) The Secretary of State may use ignition interlock 3 device requirements when granting driving relief to 4 individuals who have been arrested for a second or subsequent 5 offense of this Section or a similar provision of a local 6 ordinance. The Secretary shall establish by rule and 7 regulation the procedures for use of the interlock system. 8 (j) In addition to any other penalties and liabilities, 9 a person who is found guilty of or pleads guilty to violating 10 this Section, including any person placed on court 11 supervision for violating this Section, shall be fined $100, 12 payable to the circuit clerk, who shall distribute the money 13 to the law enforcement agency that made the arrest. If the 14 person has been previously convicted of violating this 15 Section or a similar provision of a local ordinance, the fine 16 shall be $200. In the event that more than one agency is 17 responsible for the arrest, the $100 or $200 shall be shared 18 equally. Any moneys received by a law enforcement agency 19 under this subsection (j) shall be used to purchase law 20 enforcement equipment that will assist in the prevention of 21 alcohol related criminal violence throughout the State. This 22 shall include, but is not limited to, in-car video cameras, 23 radar and laser speed detection devices, and alcohol breath 24 testers. Any moneys received by the Department of State 25 Police under this subsection (j) shall be deposited into the 26 State Police DUI Fund and shall be used to purchase law 27 enforcement equipment that will assist in the prevention of 28 alcohol related criminal violence throughout the State. 29 (Source: P.A. 90-43, eff. 7-2-97; 90-400, eff. 8-15-97; 30 90-611, eff. 1-1-99; 90-655, eff. 7-30-98; 90-738, eff. 31 1-1-99; 90-779, eff. 1-1-99; 91-126, eff. 7-16-99; 91-357, 32 eff. 7-29-99; 91-692, eff. 4-13-00; 91-822, eff. 6-13-00.) 33 (625 ILCS 5/16-104b) SB64 Enrolled -7- LRB9201534DHmbA 1 Sec. 16-104b. Amounts for Trauma Center Fund. In 2 counties that have elected not to distribute moneys under the 3 disbursement formulas in Sections 27.5 and 27.6 of the Clerks 4 of Courts Act, the Circuit Clerk of the County, when 5 collecting fees, fines, costs, additional penalties, bail 6 balances assessed or forfeited, and any other amount imposed 7 upon a conviction of or an order of supervision for a 8 violation of laws or ordinances regulating the movement of 9 traffic that amounts to $55 or more, shall remit $5 of the 10 total amount collected, less 2 1/2% of the $5 to help defray 11 the administrative costs incurred by the Clerk, except that 12 upon a conviction or order of supervision for driving under 13 the influence of alcohol or drugs the Clerk shall remit $105 14$30of the total amount collected ($5 for a traffic violation 15 that amounts to $55 or more and an additional fee of $100$2516 to be collected by the Circuit Clerk for a conviction or 17 order of supervision for driving under the influence of 18 alcohol or drugs), less the 2 1/2%, within 60 days to the 19 State Treasurer to be deposited into the Trauma Center Fund. 20 Of the amounts deposited into the Trauma Center Fund under 21 this Section, 50% shall be disbursed to the Department of 22 Public Health and 50% shall be disbursed to the Department of 23 Public Aid. Not later than March 1 of each year the Circuit 24 Clerk shall submit a report of the amount of funds remitted 25 to the State Treasurer under this Section during the 26 preceding calendar year. 27 (Source: P.A. 88-667, eff. 9-16-94; 89-105, eff. 1-1-96.) 28 Section 15. The Clerks of Courts Act is amended by 29 changing Section 27.6 as follows: 30 (705 ILCS 105/27.6) 31 Sec. 27.6. (a) All fees, fines, costs, additional 32 penalties, bail balances assessed or forfeited, and any other SB64 Enrolled -8- LRB9201534DHmbA 1 amount paid by a person to the circuit clerk equalling an 2 amount of $55 or more, except the additional fee required by 3 subsections (b) and (c), restitution under Section 5-5-6 of 4 the Unified Code of Corrections, reimbursement for the costs 5 of an emergency response as provided under Section 5-5-3 of 6 the Unified Code of Corrections, any fees collected for 7 attending a traffic safety program under paragraph (c) of 8 Supreme Court Rule 529, any fee collected on behalf of a 9 State's Attorney under Section 4-2002 of the Counties Code or 10 a sheriff under Section 4-5001 of the Counties Code, or any 11 cost imposed under Section 124A-5 of the Code of Criminal 12 Procedure of 1963, for convictions, orders of supervision, or 13 any other disposition for a violation of Chapters 3, 4, 6, 14 11, and 12 of the Illinois Vehicle Code, or a similar 15 provision of a local ordinance, and any violation of the 16 Child Passenger Protection Act, or a similar provision of a 17 local ordinance, shall be disbursed within 60 days after 18 receipt by the circuit clerk as follows: 44.5% shall be 19 disbursed to the entity authorized by law to receive the fine 20 imposed in the case; 16.825% shall be disbursed to the State 21 Treasurer; and 38.675% shall be disbursed to the county's 22 general corporate fund. Of the 16.825% disbursed to the State 23 Treasurer, 2/17 shall be deposited by the State Treasurer 24 into the Violent Crime Victims Assistance Fund, 5.052/17 25 shall be deposited into the Traffic and Criminal Conviction 26 Surcharge Fund, 3/17 shall be deposited into the Drivers 27 Education Fund, and 6.948/17 shall be deposited into the 28 Trauma Center Fund. Of the 6.948/17 deposited into the Trauma 29 Center Fund from the 16.825% disbursed to the State 30 Treasurer, 50% shall be disbursed to the Department of Public 31 Health and 50% shall be disbursed to the Department of Public 32 Aid. For fiscal year 1993, amounts deposited into the Violent 33 Crime Victims Assistance Fund, the Traffic and Criminal 34 Conviction Surcharge Fund, or the Drivers Education Fund SB64 Enrolled -9- LRB9201534DHmbA 1 shall not exceed 110% of the amounts deposited into those 2 funds in fiscal year 1991. Any amount that exceeds the 110% 3 limit shall be distributed as follows: 50% shall be 4 disbursed to the county's general corporate fund and 50% 5 shall be disbursed to the entity authorized by law to receive 6 the fine imposed in the case. Not later than March 1 of each 7 year the circuit clerk shall submit a report of the amount of 8 funds remitted to the State Treasurer under this Section 9 during the preceding year based upon independent verification 10 of fines and fees. All counties shall be subject to this 11 Section, except that counties with a population under 12 2,000,000 may, by ordinance, elect not to be subject to this 13 Section. For offenses subject to this Section, judges shall 14 impose one total sum of money payable for violations. The 15 circuit clerk may add on no additional amounts except for 16 amounts that are required by Sections 27.3a and 27.3c of this 17 Act, unless those amounts are specifically waived by the 18 judge. With respect to money collected by the circuit clerk 19 as a result of forfeiture of bail, ex parte judgment or 20 guilty plea pursuant to Supreme Court Rule 529, the circuit 21 clerk shall first deduct and pay amounts required by Sections 22 27.3a and 27.3c of this Act. This Section is a denial and 23 limitation of home rule powers and functions under subsection 24 (h) of Section 6 of Article VII of the Illinois Constitution. 25 (b) In addition to any other fines and court costs 26 assessed by the courts, any person convicted or receiving an 27 order of supervision for driving under the influence of 28 alcohol or drugs shall pay an additional fee of $100$25to 29 the clerk of the circuit court. This amount, less 2 1/2% 30 that shall be used to defray administrative costs incurred by 31 the clerk, shall be remitted by the clerk to the Treasurer 32 within 60 days after receipt for deposit into the Trauma 33 Center Fund. This additional fee of $100$25shall not be 34 considered a part of the fine for purposes of any reduction SB64 Enrolled -10- LRB9201534DHmbA 1 in the fine for time served either before or after 2 sentencing. Not later than March 1 of each year the Circuit 3 Clerk shall submit a report of the amount of funds remitted 4 to the State Treasurer under this subsection during the 5 preceding calendar year. 6 (b-1) In addition to any other fines and court costs 7 assessed by the courts, any person convicted or receiving an 8 order of supervision for driving under the influence of 9 alcohol or drugs shall pay an additional fee of $5 to the 10 clerk of the circuit court. This amount, less 2 1/2% that 11 shall be used to defray administrative costs incurred by the 12 clerk, shall be remitted by the clerk to the Treasurer within 13 60 days after receipt for deposit into the Spinal Cord Injury 14 Paralysis Cure Research Trust Fund. This additional fee of 15 $5 shall not be considered a part of the fine for purposes of 16 any reduction in the fine for time served either before or 17 after sentencing. Not later than March 1 of each year the 18 Circuit Clerk shall submit a report of the amount of funds 19 remitted to the State Treasurer under this subsection during 20 the preceding calendar year. 21 (c) In addition to any other fines and court costs 22 assessed by the courts, any person convicted for a violation 23 of Sections 24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 24 1961 or a person sentenced for a violation of the Cannabis 25 Control Act or the Controlled Substance Act shall pay an 26 additional fee of $100 to the clerk of the circuit court. 27 This amount, less 2 1/2% that shall be used to defray 28 administrative costs incurred by the clerk, shall be remitted 29 by the clerk to the Treasurer within 60 days after receipt 30 for deposit into the Trauma Center Fund. This additional fee 31 of $100 shall not be considered a part of the fine for 32 purposes of any reduction in the fine for time served either 33 before or after sentencing. Not later than March 1 of each 34 year the Circuit Clerk shall submit a report of the amount of SB64 Enrolled -11- LRB9201534DHmbA 1 funds remitted to the State Treasurer under this subsection 2 during the preceding calendar year. 3 (c-1) In addition to any other fines and court costs 4 assessed by the courts, any person sentenced for a violation 5 of the Cannabis Control Act or the Illinois Controlled 6 Substances Act shall pay an additional fee of $5 to the clerk 7 of the circuit court. This amount, less 2 1/2% that shall be 8 used to defray administrative costs incurred by the clerk, 9 shall be remitted by the clerk to the Treasurer within 60 10 days after receipt for deposit into the Spinal Cord Injury 11 Paralysis Cure Research Trust Fund. This additional fee of 12 $5 shall not be considered a part of the fine for purposes of 13 any reduction in the fine for time served either before or 14 after sentencing. Not later than March 1 of each year the 15 Circuit Clerk shall submit a report of the amount of funds 16 remitted to the State Treasurer under this subsection during 17 the preceding calendar year. 18 (Source: P.A. 89-105, eff. 1-1-96; 89-234, eff. 1-1-96; 19 89-516, eff. 7-18-96; 89-626, eff. 8-9-96.) 20 Section 20. The Unified Code of Corrections is amended 21 by changing Sections 5-9-1 and 5-9-1.1 as follows: 22 (730 ILCS 5/5-9-1) (from Ch. 38, par. 1005-9-1) 23 Sec. 5-9-1. Authorized fines. 24 (a) An offender may be sentenced to pay a fine which 25 shall not exceed for each offense: 26 (1) for a felony, $25,000 or the amount specified 27 in the offense, whichever is greater, or where the 28 offender is a corporation, $50,000 or the amount 29 specified in the offense, whichever is greater; 30 (2) for a Class A misdemeanor, $2,500 or the amount 31 specified in the offense, whichever is greater; 32 (3) for a Class B or Class C misdemeanor, $1,500; SB64 Enrolled -12- LRB9201534DHmbA 1 (4) for a petty offense, $1,000 or the amount 2 specified in the offense, whichever is less; 3 (5) for a business offense, the amount specified in 4 the statute defining that offense. 5 (b) A fine may be imposed in addition to a sentence of 6 conditional discharge, probation, periodic imprisonment, or 7 imprisonment. 8 (c) There shall be added to every fine imposed in 9 sentencing for a criminal or traffic offense, except an 10 offense relating to parking or registration, or offense by a 11 pedestrian, an additional penalty of $5 for each $40, or 12 fraction thereof, of fine imposed. The additional penalty of 13 $5 for each $40, or fraction thereof, of fine imposed, if not 14 otherwise assessed, shall also be added to every fine imposed 15 upon a plea of guilty, stipulation of facts or findings of 16 guilty, resulting in a judgment of conviction, or order of 17 supervision in criminal, traffic, local ordinance, county 18 ordinance, and conservation cases (except parking, 19 registration, or pedestrian violations), or upon a sentence 20 of probation without entry of judgment under Section 10 of 21 the Cannabis Control Act or Section 410 of the Controlled 22 Substances Act. 23 Such additional amounts shall be assessed by the court 24 imposing the fine and shall be collected by the Circuit Clerk 25 in addition to the fine and costs in the case. Each such 26 additional penalty shall be remitted by the Circuit Clerk 27 within one month after receipt to the State Treasurer. The 28 State Treasurer shall deposit $1 for each $40, or fraction 29 thereof, of fine imposed into the LEADS Maintenance Fund. 30 The remaining surcharge amount shall be deposited into the 31 Traffic and Criminal Conviction Surcharge Fund, unless the 32 fine, costs or additional amounts are subject to disbursement 33 by the circuit clerk under Section 27.5 of the Clerks of 34 Courts Act. Such additional penalty shall not be considered SB64 Enrolled -13- LRB9201534DHmbA 1 a part of the fine for purposes of any reduction in the fine 2 for time served either before or after sentencing. Not 3 later than March 1 of each year the Circuit Clerk shall 4 submit a report of the amount of funds remitted to the State 5 Treasurer under this subsection (c) during the preceding 6 calendar year. Except as otherwise provided by Supreme Court 7 Rules, if a court in imposing a fine against an offender 8 levies a gross amount for fine, costs, fees and penalties, 9 the amount of the additional penalty provided for herein 10 shall be computed on the amount remaining after deducting 11 from the gross amount levied all fees of the Circuit Clerk, 12 the State's Attorney and the Sheriff. After deducting from 13 the gross amount levied the fees and additional penalty 14 provided for herein, less any other additional penalties 15 provided by law, the clerk shall remit the net balance 16 remaining to the entity authorized by law to receive the fine 17 imposed in the case. For purposes of this Section "fees of 18 the Circuit Clerk" shall include, if applicable, the fee 19 provided for under Section 27.3a of the Clerks of Courts Act 20 and the fee, if applicable, payable to the county in which 21 the violation occurred pursuant to Section 5-1101 of the 22 Counties Code. 23 (c-5) In addition to the fines imposed by subsection 24 (c), any person convicted or receiving an order of 25 supervision for driving under the influence of alcohol or 26 drugs shall pay an additional $100$25fee to the clerk. 27 This additional fee, less 2 1/2% that shall be used to defray 28 administrative costs incurred by the clerk, shall be remitted 29 by the clerk to the Treasurer within 60 days after receipt 30 for deposit into the Trauma Center Fund. This additional fee 31 of $100$25shall not be considered a part of the fine for 32 purposes of any reduction in the fine for time served either 33 before or after sentencing. Not later than March 1 of each 34 year the Circuit Clerk shall submit a report of the amount of SB64 Enrolled -14- LRB9201534DHmbA 1 funds remitted to the State Treasurer under this subsection 2 (c-5) during the preceding calendar year. 3 The Circuit Clerk may accept payment of fines and costs 4 by credit card from an offender who has been convicted of a 5 traffic offense, petty offense or misdemeanor and may charge 6 the service fee permitted where fines and costs are paid by 7 credit card provided for in Section 27.3b of the Clerks of 8 Courts Act. 9 (c-7) In addition to the fines imposed by subsection 10 (c), any person convicted or receiving an order of 11 supervision for driving under the influence of alcohol or 12 drugs shall pay an additional $5 fee to the clerk. This 13 additional fee, less 2 1/2% that shall be used to defray 14 administrative costs incurred by the clerk, shall be remitted 15 by the clerk to the Treasurer within 60 days after receipt 16 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 19 in the fine for time served either before or after 20 sentencing. Not later than March 1 of each year the Circuit 21 Clerk shall submit a report of the amount of funds remitted 22 to the State Treasurer under this subsection (c-7) during the 23 preceding calendar year. 24 (d) In determining the amount and method of payment of a 25 fine, except for those fines established for violations of 26 Chapter 15 of the Illinois Vehicle Code, the court shall 27 consider: 28 (1) the financial resources and future ability of 29 the offender to pay the fine; and 30 (2) whether the fine will prevent the offender from 31 making court ordered restitution or reparation to the 32 victim of the offense; and 33 (3) in a case where the accused is a dissolved 34 corporation and the court has appointed counsel to SB64 Enrolled -15- LRB9201534DHmbA 1 represent the corporation, the costs incurred either by 2 the county or the State for such representation. 3 (e) The court may order the fine to be paid forthwith or 4 within a specified period of time or in installments. 5 (f) All fines, costs and additional amounts imposed 6 under this Section for any violation of Chapters 3, 4, 6, and 7 11 of the Illinois Vehicle Code, or a similar provision of a 8 local ordinance, and any violation of the Child Passenger 9 Protection Act, or a similar provision of a local ordinance, 10 shall be collected and disbursed by the circuit clerk as 11 provided under Section 27.5 of the Clerks of Courts Act. 12 (Source: P.A. 89-105, eff. 1-1-96; 90-130, eff. 1-1-98; 13 90-384, eff. 1-1-98; 90-655, eff. 7-30-98.) 14 (730 ILCS 5/5-9-1.1) (from Ch. 38, par. 1005-9-1.1) 15 Sec. 5-9-1.1. Drug related offenses. 16 (a) When a person has been adjudged guilty of a drug 17 related offense involving possession or delivery of cannabis 18 or possession or delivery of a controlled substance as 19 defined in the Cannabis Control Act, as amended, or the 20 Illinois Controlled Substances Act, as amended, in addition 21 to any other penalty imposed, a fine shall be levied by the 22 court at not less than the full street value of the cannabis 23 or controlled substances seized. 24 "Street value" shall be determined by the court on the 25 basis of testimony of law enforcement personnel and the 26 defendant as to the amount seized and such testimony as may 27 be required by the court as to the current street value of 28 the cannabis or controlled substance seized. 29 (b) In addition to any penalty imposed under subsection 30 (a) of this Section, a fine of $100 shall be levied by the 31 court, the proceeds of which shall be collected by the 32 Circuit Clerk and remitted to the State Treasurer under 33 Section 27.6 of the Clerks of Courts Act for deposit into the SB64 Enrolled -16- LRB9201534DHmbA 1 Trauma Center Fund for distribution as provided under Section 2 3.225 of the Emergency Medical Services (EMS) Systems Act. 3 (c) In addition to any penalty imposed under subsection 4 (a) of this Section, a fee of $5 shall be assessed by the 5 court, the proceeds of which shall be collected by the 6 Circuit Clerk and remitted to the State Treasurer under 7 Section 27.6 of the Clerks of Courts Act for deposit into the 8 Spinal Cord Injury Paralysis Cure Research Trust Fund. This 9 additional fee of $5 shall not be considered a part of the 10 fine for purposes of any reduction in the fine for time 11 served either before or after sentencing. 12 (Source: P.A. 89-516, eff. 7-18-96.)