Illinois General Assembly - Full Text of Public Act 096-0402
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Public Act 096-0402

 

Public Act 0402 96TH GENERAL ASSEMBLY 







 

 		


Public Act 096-0402
 		





HB2680 Enrolled
LRB096 09585 RLC 19746 b






    AN ACT concerning criminal  law.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Unified Code of Corrections is amended  by 
changing Sections 5-9-1.1 and 5-9-1.1-5 as follows:
 


    (730 ILCS 5/5-9-1.1)  (from Ch. 38, par. 1005-9-1.1)



    (Text of Section from P.A. 94-550)

    Sec. 5-9-1.1. Drug related offenses. 

    (a) When a person has been adjudged guilty of a drug 
related
offense involving possession or delivery of cannabis or 
possession or delivery
of a controlled substance, other than 
methamphetamine, as defined in the Cannabis Control Act, as 
amended,
or the Illinois Controlled Substances Act, as amended, 
in addition to any
other penalty imposed, a fine shall be 
levied by the court at not less than
the full street value of 
the cannabis or controlled substances seized.

    "Street value" shall be determined by the court on the 
basis of testimony
of law enforcement personnel and the 
defendant as to the amount seized and
such testimony as may be 
required by the court as to the current street
value of the 
cannabis or controlled substance seized.

    (b) In addition to any penalty imposed under subsection (a) 
of this
Section, a fine of
$100 shall be levied by the court, 
the proceeds of which
shall be collected by the Circuit Clerk 
and remitted to the State Treasurer
under Section 27.6 of the 
Clerks of Courts Act
for deposit into the Trauma
Center Fund 
for distribution as provided under Section 3.225 of the 
Emergency
Medical Services (EMS) Systems Act.

    (c) In addition to any penalty imposed under subsection (a) 
of this
Section, a fee of $5 shall be assessed by the court, 
the proceeds of which
shall be collected by the Circuit Clerk 
and remitted to the State Treasurer
under Section 27.6 of the 
Clerks of Courts Act for deposit into the Spinal Cord
Injury 
Paralysis Cure Research Trust Fund.
This additional fee of $5 
shall not be considered a part of the fine for
purposes of any 
reduction in the fine for time served either before or after

sentencing.

    (d)  In addition to any penalty imposed under subsection (a) 
of this
Section, a $25 assessment  shall be assessed by the 
court, the proceeds of which
shall be collected by the Circuit 
Clerk and remitted to the State Treasurer for deposit into the 
State Police Services Fund and shall be used for grants by the 
Department of State Police to drug task forces and Metropolitan 
Enforcement Groups in accordance with the Intergovernmental 
Drug Laws Enforcement Act. 
(Source: P.A. 94-550, eff. 1-1-06.)

 
    (Text of Section from P.A. 94-556)

    Sec. 5-9-1.1. Drug related offenses. 

    (a) When a person has been adjudged guilty of a drug 
related
offense involving possession or delivery of cannabis or 
possession or delivery
of a controlled substance as defined in 
the Cannabis Control Act, the Illinois Controlled Substances 
Act, or the Methamphetamine Control and Community Protection 
Act,  in addition to any
other penalty imposed, a fine shall be 
levied by the court at not less than
the full street value of 
the cannabis or controlled substances seized.

    "Street value" shall be determined by the court on the 
basis of testimony
of law enforcement personnel and the 
defendant as to the amount seized and
such testimony as may be 
required by the court as to the current street
value of the 
cannabis or controlled substance seized.

    (b) In addition to any penalty imposed under subsection (a) 
of this
Section, a fine of $100 shall be levied by the court, 
the proceeds of which
shall be collected by the Circuit Clerk 
and remitted to the State Treasurer
under Section 27.6 of the 
Clerks of Courts Act for deposit into the Trauma
Center Fund 
for distribution as provided under Section 3.225 of the 
Emergency
Medical Services (EMS) Systems Act.

    (c) In addition to any penalty imposed under subsection (a) 
of this
Section, a fee of $5 shall be assessed by the court, 
the proceeds of which
shall be collected by the Circuit Clerk 
and remitted to the State Treasurer
under Section 27.6 of the 
Clerks of Courts Act for deposit into the Spinal Cord
Injury 
Paralysis Cure Research Trust Fund.
This additional fee of $5 
shall not be considered a part of the fine for
purposes of any 
reduction in the fine for time served either before or after

sentencing.

    (d)  In addition to any penalty imposed under subsection (a) 
of this
Section, a $25 assessment  shall be assessed by the 
court, the proceeds of which
shall be collected by the Circuit 
Clerk and remitted to the State Treasurer for deposit into the 
State Police Services Fund and shall be used for grants by the 
Department of State Police to drug task forces and Metropolitan 
Enforcement Groups in accordance with the Intergovernmental 
Drug Laws Enforcement Act. 
(Source: P.A. 94-556, eff. 9-11-05.)

 
    (730 ILCS 5/5-9-1.1-5)

    Sec. 5-9-1.1-5. Methamphetamine related offenses.
    (a) When a person has been adjudged guilty of a 
methamphetamine related
offense involving possession or 
delivery of methamphetamine or any salt of an optical isomer of 
methamphetamine or possession of a methamphetamine 
manufacturing chemical set forth in paragraph (z-1) of Section 
102 of  the Illinois Controlled Substances Act with the intent 
to manufacture a substance containing methamphetamine or salt 
of an optical isomer of methamphetamine, in addition to any

other penalty imposed, a fine shall be levied by the court at 
not less than
the full street value of the methamphetamine or 
salt of an optical isomer of methamphetamine or methamphetamine 
manufacturing chemicals seized.
    "Street value" shall be determined by the court on the 
basis of testimony
of law enforcement personnel and the 
defendant as to the amount seized and
such testimony as may be 
required by the court as to the current street
value of the 
methamphetamine or salt of an optical isomer of methamphetamine 
or methamphetamine manufacturing chemicals seized.
    (b) In addition to any penalty imposed under subsection (a) 
of this
Section, a fine of
$100 shall be levied by the court, 
the proceeds of which
shall be collected by the Circuit Clerk 
and remitted to the State Treasurer
under Section 27.6 of the 
Clerks of Courts Act
for deposit into the Methamphetamine Law 
Enforcement Fund and allocated as provided in subsection (d) of 
Section 5-9-1.2.


    (c)  In addition to any penalty imposed under subsection (a) 
of this
Section, a $25 assessment  shall be assessed by the 
court, the proceeds of which
shall be collected by the Circuit 
Clerk and remitted to the State Treasurer for deposit into the 
State Police Services Fund and shall be used for grants by the 
Department of State Police to drug task forces and Metropolitan 
Enforcement Groups in accordance with the Intergovernmental 
Drug Laws Enforcement Act. 
(Source: P.A. 94-550, eff. 1-1-06.)





Effective Date:  1/1/2010











  

    

      

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