Illinois General Assembly - Full Text of Public Act 094-1009
Illinois General Assembly

Previous General Assemblies

Public Act 094-1009


 

Public Act 1009 94TH GENERAL ASSEMBLY



 


 
Public Act 094-1009
 
SB1089 Enrolled LRB094 04769 DRH 34798 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The State Finance Act is amended by adding
Section 5.663 as follows:
 
    (30 ILCS 105/5.663 new)
    Sec. 5.663. The Prisoner Review Board Vehicle and Equipment
Fund.
 
    Section 10. The Illinois Vehicle Code is amended by adding
Section 16-104c as follows:
 
    (625 ILCS 5/16-104c new)
    Sec. 16-104c. Court supervision fees.
    (a) Any person who, after a court appearance in the same
matter, receives a disposition of court supervision for a
violation of any provision of this Code shall pay an additional
fee of $20, which shall be disbursed as follows:
        (1) if an officer of the Department of State Police
    arrested the person for the violation, the $20 fee shall be
    deposited into the State Police Vehicle Fund in the State
    treasury; or
        (2) if an officer of any law enforcement agency in the
    State other than the Department of State Police arrested
    the person for the violation, the $20 fee shall be paid to
    the law enforcement agency that employed the arresting
    officer and shall be used for the acquisition or
    maintenance of police vehicles.
    (b) In addition to the fee provided for in subsection (a),
a person who, after a court appearance in the same matter,
receives a disposition of court supervision for any violation
of this Code shall also pay an additional fee of $5, if not
waived by the court. Of this $5 fee, $4.50 shall be deposited
into the Circuit Court Clerk Operation and Administrative Fund
created by the Clerk of the Circuit Court and 50 cents shall be
deposited into the Prisoner Review Board Vehicle and Equipment
Fund in the State treasury.
    (c) The Prisoner Review Board Vehicle and Equipment Fund is
created as a special fund in the State treasury. The Prisoner
Review Board shall, subject to appropriation by the General
Assembly and approval by the Secretary, use all moneys in the
Prisoner Review Board Vehicle and Equipment Fund for the
purchase and operation of vehicles and equipment.
 
    Section 15. The Clerks of Courts Act is amended by changing
Sections 27.5 and 27.6 and adding Section 27.3d as follows:
 
    (705 ILCS 105/27.3d new)
    Sec. 27.3d. Circuit Court Clerk Operation and
Administrative Fund. Each Circuit Court Clerk shall create a
Circuit Court Clerk Operation and Administrative Fund, to be
used to offset the costs incurred by the Circuit Court Clerk in
performing the additional duties required to collect and
disburse funds to entities of State and local government as
provided by law. The Circuit Court Clerk shall be the
custodian, ex officio, of this Fund and shall use the Fund to
perform the duties required by the office. The Fund shall be
audited by the auditor retained by the Clerk for the purpose of
conducting the Annual Circuit Court Clerk Audit. Expenditures
shall be made from the Fund by the Circuit Court Clerk for
expenses related to the cost of collection for and disbursement
to entities of State and local government.
 
    (705 ILCS 105/27.5)  (from Ch. 25, par. 27.5)
    Sec. 27.5. (a) All fees, fines, costs, additional
penalties, bail balances assessed or forfeited, and any other
amount paid by a person to the circuit clerk that equals an
amount less than $55, except restitution under Section 5-5-6 of
the Unified Code of Corrections, reimbursement for the costs of
an emergency response as provided under Section 11-501 of the
Illinois Vehicle Code, any fees collected for attending a
traffic safety program under paragraph (c) of Supreme Court
Rule 529, any fee collected on behalf of a State's Attorney
under Section 4-2002 of the Counties Code or a sheriff under
Section 4-5001 of the Counties Code, or any cost imposed under
Section 124A-5 of the Code of Criminal Procedure of 1963, for
convictions, orders of supervision, or any other disposition
for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, and
any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, and except as provided
in subsection (b) shall be disbursed within 60 days after
receipt by the circuit clerk as follows: 47% shall be disbursed
to the entity authorized by law to receive the fine imposed in
the case; 12% shall be disbursed to the State Treasurer; and
41% shall be disbursed to the county's general corporate fund.
Of the 12% disbursed to the State Treasurer, 1/6 shall be
deposited by the State Treasurer into the Violent Crime Victims
Assistance Fund, 1/2 shall be deposited into the Traffic and
Criminal Conviction Surcharge Fund, and 1/3 shall be deposited
into the Drivers Education Fund. For fiscal years 1992 and
1993, amounts deposited into the Violent Crime Victims
Assistance Fund, the Traffic and Criminal Conviction Surcharge
Fund, or the Drivers Education Fund shall not exceed 110% of
the amounts deposited into those funds in fiscal year 1991. Any
amount that exceeds the 110% limit shall be distributed as
follows: 50% shall be disbursed to the county's general
corporate fund and 50% shall be disbursed to the entity
authorized by law to receive the fine imposed in the case. Not
later than March 1 of each year the circuit clerk shall submit
a report of the amount of funds remitted to the State Treasurer
under this Section during the preceding year based upon
independent verification of fines and fees. All counties shall
be subject to this Section, except that counties with a
population under 2,000,000 may, by ordinance, elect not to be
subject to this Section. For offenses subject to this Section,
judges shall impose one total sum of money payable for
violations. The circuit clerk may add on no additional amounts
except for amounts that are required by Sections 27.3a and
27.3c of this Act, unless those amounts are specifically waived
by the judge. With respect to money collected by the circuit
clerk as a result of forfeiture of bail, ex parte judgment or
guilty plea pursuant to Supreme Court Rule 529, the circuit
clerk shall first deduct and pay amounts required by Sections
27.3a and 27.3c of this Act. This Section is a denial and
limitation of home rule powers and functions under subsection
(h) of Section 6 of Article VII of the Illinois Constitution.
    (b) The following amounts must be remitted to the State
Treasurer for deposit into the Illinois Animal Abuse Fund:
        (1) 50% of the amounts collected for felony offenses
    under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
    5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
    Animals Act and Section 26-5 of the Criminal Code of 1961;
        (2) 20% of the amounts collected for Class A and Class
    B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
    5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
    for Animals Act and Section 26-5 of the Criminal Code of
    1961; and
        (3) 50% of the amounts collected for Class C
    misdemeanors under Sections 4.01 and 7.1 of the Humane Care
    for Animals Act and Section 26-5 of the Criminal Code of
    1961.
    (c) Any person who receives a disposition of court
supervision for a violation of the Illinois Vehicle Code shall,
in addition to any other fines, fees, and court costs, pay an
additional fee of $20, to be disbursed as provided in Section
16-104c of the Illinois Vehicle Code. In addition to the fee of
$20, the person shall also pay a fee of $5, if not waived by the
court. If this $5 fee is collected, $4.50 of the fee shall be
deposited into the Circuit Court Clerk Operation and
Administrative Fund created by the Clerk of the Circuit Court
and 50 cents of the fee shall be deposited into the Prisoner
Review Board Vehicle and Equipment Fund in the State treasury.
(Source: P.A. 92-454, eff. 1-1-02; 92-650, eff. 7-11-02;
93-800, eff. 1-1-05.)
 
    (705 ILCS 105/27.6)
    Sec. 27.6. (a) All fees, fines, costs, additional
penalties, bail balances assessed or forfeited, and any other
amount paid by a person to the circuit clerk equalling an
amount of $55 or more, except the additional fee required by
subsections (b) and (c), restitution under Section 5-5-6 of the
Unified Code of Corrections, reimbursement for the costs of an
emergency response as provided under Section 11-501 of the
Illinois Vehicle Code, any fees collected for attending a
traffic safety program under paragraph (c) of Supreme Court
Rule 529, any fee collected on behalf of a State's Attorney
under Section 4-2002 of the Counties Code or a sheriff under
Section 4-5001 of the Counties Code, or any cost imposed under
Section 124A-5 of the Code of Criminal Procedure of 1963, for
convictions, orders of supervision, or any other disposition
for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, and
any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, and except as provided
in subsection (d) shall be disbursed within 60 days after
receipt by the circuit clerk as follows: 44.5% shall be
disbursed to the entity authorized by law to receive the fine
imposed in the case; 16.825% shall be disbursed to the State
Treasurer; and 38.675% shall be disbursed to the county's
general corporate fund. Of the 16.825% disbursed to the State
Treasurer, 2/17 shall be deposited by the State Treasurer into
the Violent Crime Victims Assistance Fund, 5.052/17 shall be
deposited into the Traffic and Criminal Conviction Surcharge
Fund, 3/17 shall be deposited into the Drivers Education Fund,
and 6.948/17 shall be deposited into the Trauma Center Fund. Of
the 6.948/17 deposited into the Trauma Center Fund from the
16.825% disbursed to the State Treasurer, 50% shall be
disbursed to the Department of Public Health and 50% shall be
disbursed to the Department of Healthcare and Family Services
Public Aid. For fiscal year 1993, amounts deposited into the
Violent Crime Victims Assistance Fund, the Traffic and Criminal
Conviction Surcharge Fund, or the Drivers Education Fund shall
not exceed 110% of the amounts deposited into those funds in
fiscal year 1991. Any amount that exceeds the 110% limit shall
be distributed as follows: 50% shall be disbursed to the
county's general corporate fund and 50% shall be disbursed to
the entity authorized by law to receive the fine imposed in the
case. Not later than March 1 of each year the circuit clerk
shall submit a report of the amount of funds remitted to the
State Treasurer under this Section during the preceding year
based upon independent verification of fines and fees. All
counties shall be subject to this Section, except that counties
with a population under 2,000,000 may, by ordinance, elect not
to be subject to this Section. For offenses subject to this
Section, judges shall impose one total sum of money payable for
violations. The circuit clerk may add on no additional amounts
except for amounts that are required by Sections 27.3a and
27.3c of this Act, unless those amounts are specifically waived
by the judge. With respect to money collected by the circuit
clerk as a result of forfeiture of bail, ex parte judgment or
guilty plea pursuant to Supreme Court Rule 529, the circuit
clerk shall first deduct and pay amounts required by Sections
27.3a and 27.3c of this Act. This Section is a denial and
limitation of home rule powers and functions under subsection
(h) of Section 6 of Article VII of the Illinois Constitution.
    (b) In addition to any other fines and court costs assessed
by the courts, any person convicted or receiving an order of
supervision for driving under the influence of alcohol or drugs
shall pay an additional fee of $100 to the clerk of the circuit
court. This amount, less 2 1/2% that shall be used to defray
administrative costs incurred by the clerk, shall be remitted
by the clerk to the Treasurer within 60 days after receipt for
deposit into the Trauma Center Fund. This additional fee of
$100 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. Not later than March 1 of each year the
Circuit Clerk shall submit a report of the amount of funds
remitted to the State Treasurer under this subsection during
the preceding calendar year.
    (b-1) In addition to any other fines and court costs
assessed by the courts, any person convicted or receiving an
order of supervision for driving under the influence of alcohol
or drugs shall pay an additional fee of $5 to the clerk of the
circuit court. This amount, less 2 1/2% that shall be used to
defray administrative costs incurred by the clerk, shall be
remitted by the clerk to the Treasurer within 60 days after
receipt 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. Not
later than March 1 of each year the Circuit Clerk shall submit
a report of the amount of funds remitted to the State Treasurer
under this subsection during the preceding calendar year.
    (c) In addition to any other fines and court costs assessed
by the courts, any person convicted for a violation of Sections
24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or a
person sentenced for a violation of the Cannabis Control Act,
the Illinois Controlled Substances Act, or the Methamphetamine
Control and Community Protection Act shall pay an additional
fee of $100 to the clerk of the circuit court. This amount,
less 2 1/2% that shall be used to defray administrative costs
incurred by the clerk, shall be remitted by the clerk to the
Treasurer within 60 days after receipt for deposit into the
Trauma Center Fund. This additional fee of $100 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. Not
later than March 1 of each year the Circuit Clerk shall submit
a report of the amount of funds remitted to the State Treasurer
under this subsection during the preceding calendar year.
    (c-1) In addition to any other fines and court costs
assessed by the courts, any person sentenced for a violation of
the Cannabis Control Act, the Illinois Controlled Substances
Act, or the Methamphetamine Control and Community Protection
Act shall pay an additional fee of $5 to the clerk of the
circuit court. This amount, less 2 1/2% that shall be used to
defray administrative costs incurred by the clerk, shall be
remitted by the clerk to the Treasurer within 60 days after
receipt 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. Not
later than March 1 of each year the Circuit Clerk shall submit
a report of the amount of funds remitted to the State Treasurer
under this subsection during the preceding calendar year.
    (d) The following amounts must be remitted to the State
Treasurer for deposit into the Illinois Animal Abuse Fund:
        (1) 50% of the amounts collected for felony offenses
    under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
    5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
    Animals Act and Section 26-5 of the Criminal Code of 1961;
        (2) 20% of the amounts collected for Class A and Class
    B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
    5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
    for Animals Act and Section 26-5 of the Criminal Code of
    1961; and
        (3) 50% of the amounts collected for Class C
    misdemeanors under Sections 4.01 and 7.1 of the Humane Care
    for Animals Act and Section 26-5 of the Criminal Code of
    1961.
    (e) Any person who receives a disposition of court
supervision for a violation of the Illinois Vehicle Code shall,
in addition to any other fines, fees, and court costs, pay an
additional fee of $20, to be disbursed as provided in Section
16-104c of the Illinois Vehicle Code. In addition to the fee of
$20, the person shall also pay a fee of $5, if not waived by the
court. If this $5 fee is collected, $4.50 of the fee shall be
deposited into the Circuit Court Clerk Operation and
Administrative Fund created by the Clerk of the Circuit Court
and 50 cents of the fee shall be deposited into the Prisoner
Review Board Vehicle and Equipment Fund in the State treasury.
(Source: P.A. 93-800, eff. 1-1-05; 94-556, eff. 9-11-05;
revised 12-15-05.)
 
    Section 20. The Unified Code of Corrections is amended by
changing Section 5-6-1 as follows:
 
    (730 ILCS 5/5-6-1)  (from Ch. 38, par. 1005-6-1)
    Sec. 5-6-1. Sentences of Probation and of Conditional
Discharge and Disposition of Supervision. The General Assembly
finds that in order to protect the public, the criminal justice
system must compel compliance with the conditions of probation
by responding to violations with swift, certain and fair
punishments and intermediate sanctions. The Chief Judge of each
circuit shall adopt a system of structured, intermediate
sanctions for violations of the terms and conditions of a
sentence of probation, conditional discharge or disposition of
supervision.
    (a) Except where specifically prohibited by other
provisions of this Code, the court shall impose a sentence of
probation or conditional discharge upon an offender unless,
having regard to the nature and circumstance of the offense,
and to the history, character and condition of the offender,
the court is of the opinion that:
        (1) his imprisonment or periodic imprisonment is
    necessary for the protection of the public; or
        (2) probation or conditional discharge would deprecate
    the seriousness of the offender's conduct and would be
    inconsistent with the ends of justice; or
        (3) a combination of imprisonment with concurrent or
    consecutive probation when an offender has been admitted
    into a drug court program under Section 20 of the Drug
    Court Treatment Act is necessary for the protection of the
    public and for the rehabilitation of the offender.
    The court shall impose as a condition of a sentence of
probation, conditional discharge, or supervision, that the
probation agency may invoke any sanction from the list of
intermediate sanctions adopted by the chief judge of the
circuit court for violations of the terms and conditions of the
sentence of probation, conditional discharge, or supervision,
subject to the provisions of Section 5-6-4 of this Act.
    (b) The court may impose a sentence of conditional
discharge for an offense if the court is of the opinion that
neither a sentence of imprisonment nor of periodic imprisonment
nor of probation supervision is appropriate.
    (b-1) Subsections (a) and (b) of this Section do not apply
to a defendant charged with a misdemeanor or felony under the
Illinois Vehicle Code or reckless homicide under Section 9-3 of
the Criminal Code of 1961 if the defendant within the past 12
months has been convicted of or pleaded guilty to a misdemeanor
or felony under the Illinois Vehicle Code or reckless homicide
under Section 9-3 of the Criminal Code of 1961.
    (c) The court may, upon a plea of guilty or a stipulation
by the defendant of the facts supporting the charge or a
finding of guilt, defer further proceedings and the imposition
of a sentence, and enter an order for supervision of the
defendant, if the defendant is not charged with: (i) a Class A
misdemeanor, as defined by the following provisions of the
Criminal Code of 1961: Sections 11-9.1; 12-3.2; 12-15; 26-5;
31-1; 31-6; 31-7; subsections (b) and (c) of Section 21-1;
paragraph (1) through (5), (8), (10), and (11) of subsection
(a) of Section 24-1; (ii) a Class A misdemeanor violation of
Section 3.01, 3.03-1, or 4.01 of the Humane Care for Animals
Act; or (iii) felony. If the defendant is not barred from
receiving an order for supervision as provided in this
subsection, the court may enter an order for supervision after
considering the circumstances of the offense, and the history,
character and condition of the offender, if the court is of the
opinion that:
        (1) the offender is not likely to commit further
    crimes;
        (2) the defendant and the public would be best served
    if the defendant were not to receive a criminal record; and
        (3) in the best interests of justice an order of
    supervision is more appropriate than a sentence otherwise
    permitted under this Code.
    (d) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 11-501 of the Illinois
Vehicle Code or a similar provision of a local ordinance when
the defendant has previously been:
        (1) convicted for a violation of Section 11-501 of the
    Illinois Vehicle Code or a similar provision of a local
    ordinance or any similar law or ordinance of another state;
    or
        (2) assigned supervision for a violation of Section
    11-501 of the Illinois Vehicle Code or a similar provision
    of a local ordinance or any similar law or ordinance of
    another state; or
        (3) pleaded guilty to or stipulated to the facts
    supporting a charge or a finding of guilty to a violation
    of Section 11-503 of the Illinois Vehicle Code or a similar
    provision of a local ordinance or any similar law or
    ordinance of another state, and the plea or stipulation was
    the result of a plea agreement.
    The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this
Section.
    (e) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 16A-3 of the Criminal
Code of 1961 if said defendant has within the last 5 years
been:
        (1) convicted for a violation of Section 16A-3 of the
    Criminal Code of 1961; or
        (2) assigned supervision for a violation of Section
    16A-3 of the Criminal Code of 1961.
    The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this
Section.
    (f) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Sections 15-111, 15-112,
15-301, paragraph (b) of Section 6-104, Section 11-605, or
Section 11-1414 of the Illinois Vehicle Code or a similar
provision of a local ordinance.
    (g) Except as otherwise provided in paragraph (i) of this
Section, the provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle Code or a similar provision
of a local ordinance if the defendant has within the last 5
years been:
        (1) convicted for a violation of Section 3-707, 3-708,
    3-710, or 5-401.3 of the Illinois Vehicle Code or a similar
    provision of a local ordinance; or
        (2) assigned supervision for a violation of Section
    3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
    Code or a similar provision of a local ordinance.
    The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this
Section.
    (h) The provisions of paragraph (c) shall not apply to a
defendant under the age of 21 years charged with violating a
serious traffic offense as defined in Section 1-187.001 of the
Illinois Vehicle Code:
        (1) unless the defendant, upon payment of the fines,
    penalties, and costs provided by law, agrees to attend and
    successfully complete a traffic safety program approved by
    the court under standards set by the Conference of Chief
    Circuit Judges. The accused shall be responsible for
    payment of any traffic safety program fees. If the accused
    fails to file a certificate of successful completion on or
    before the termination date of the supervision order, the
    supervision shall be summarily revoked and conviction
    entered. The provisions of Supreme Court Rule 402 relating
    to pleas of guilty do not apply in cases when a defendant
    enters a guilty plea under this provision; or
        (2) if the defendant has previously been sentenced
    under the provisions of paragraph (c) on or after January
    1, 1998 for any serious traffic offense as defined in
    Section 1-187.001 of the Illinois Vehicle Code.
    (i) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 3-707 of the Illinois
Vehicle Code or a similar provision of a local ordinance if the
defendant has been assigned supervision for a violation of
Section 3-707 of the Illinois Vehicle Code or a similar
provision of a local ordinance.
    (j) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 6-303 of the Illinois
Vehicle Code or a similar provision of a local ordinance when
the revocation or suspension was for a violation of Section
11-501 or a similar provision of a local ordinance, a violation
of Section 11-501.1 or paragraph (b) of Section 11-401 of the
Illinois Vehicle Code, or a violation of Section 9-3 of the
Criminal Code of 1961 if the defendant has within the last 10
years been:
        (1) convicted for a violation of Section 6-303 of the
    Illinois Vehicle Code or a similar provision of a local
    ordinance; or
        (2) assigned supervision for a violation of Section
    6-303 of the Illinois Vehicle Code or a similar provision
    of a local ordinance.
    (k) The provisions of paragraph (c) shall not apply to a
defendant charged with violating any provision of the Illinois
Vehicle Code or a similar provision of a local ordinance that
governs the movement of vehicles if, within the 12 months
preceding the date of the defendant's arrest, the defendant has
been assigned court supervision on 2 occasions for a violation
that governs the movement of vehicles under the Illinois
Vehicle Code or a similar provision of a local ordinance.
    (l) A defendant charged with violating any provision of the
Illinois Vehicle Code who, after a court appearance in the same
matter, receives a disposition of supervision under subsection
(c) shall pay an additional fee of $20, to be collected as
provided in Sections 27.5 and 27.6 of the Clerks of Courts Act.
In addition to the $20 fee, the person shall also pay a fee of
$5, which, if not waived by the court, shall be collected as
provided in Sections 27.5 and 27.6 of the Clerks of Courts Act.
The $20 fee shall be disbursed as provided in Section 16-104c
of the Illinois Vehicle Code. If the $5 fee is collected, $4.50
of the fee shall be deposited into the Circuit Court Clerk
Operation and Administrative Fund created by the Clerk of the
Circuit Court and 50 cents of the fee shall be deposited into
the Prisoner Review Board Vehicle and Equipment Fund in the
State treasury.
(Source: P.A. 93-388, eff. 7-25-03; 93-1014, eff. 1-1-05;
94-169, eff. 1-1-06; 94-330, eff. 1-1-06; 94-375, eff. 1-1-06;
revised 8-19-05.)

Effective Date: 1/1/2007