| ||||
| Public Act 096-1173 | ||||
| ||||
| ||||
AN ACT concerning transportation.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Illinois Vehicle Code is amended by changing | ||||
Section 16-104a as follows:
| ||||
(625 ILCS 5/16-104a) (from Ch. 95 1/2, par. 16-104a)
| ||||
Sec. 16-104a. Additional penalty for certain violations. | ||||
(a) There is added
to every fine imposed upon conviction of | ||||
an offense reportable to the
Secretary of State under the | ||||
provisions of subdivision (a) (2) of
Section 6-204 of this Act | ||||
an additional penalty of $4 for each $40, or fraction
thereof, | ||||
of fine imposed. Each such additional penalty received shall be
| ||||
remitted within one month to the State Treasurer to be | ||||
deposited into the
Drivers Education Fund, unless the | ||||
additional penalty is subject to
disbursement by the circuit | ||||
clerk under Section 27.5 of the Clerks of
Courts Act. Such | ||||
additional amounts shall be assessed by the
court and shall be | ||||
collected by the Clerk of the Circuit Court in addition
to the | ||||
fine and costs in the case. Such additional penalty shall not | ||||
be
considered a part of the fine for purposes of any reduction | ||||
made in the
fine for time served either before or after | ||||
sentencing. Not later than
March 1 of each year the Clerk of | ||||
the Circuit Court shall submit to the
State Comptroller a | ||||
report of the amount of funds remitted by him to the
State | ||
Treasurer under this Section during the preceding calendar | ||
year.
Except as otherwise provided by Supreme Court Rules, if a | ||
court in
sentencing an offender levies a gross amount for fine, | ||
costs, fees and
penalties, the amount of the additional penalty | ||
provided for herein shall
be computed on the amount remaining | ||
after deducting from the gross amount
levied all fees of the | ||
Circuit Clerk, the State's Attorney and the Sheriff.
After | ||
deducting from the gross amount levied the fees and additional
| ||
penalty provided for herein, less any other additional | ||
penalties provided
by law, the clerk shall remit the net | ||
balance remaining to the entity
authorized by law to receive | ||
the fine imposed in the case. For purposes of
this Section | ||
"fees of the Circuit Clerk" shall include, if applicable, the
| ||
fee provided for under Section 27.3a of the Clerks of Courts | ||
Act and the
fee, if applicable, payable to the county in which | ||
the violation occurred
pursuant to Section 5-1101 of the | ||
Counties Code.
| ||
When bail is forfeited for failure to appear in connection
| ||
with an offense reportable to the Secretary of State under | ||
subdivision (a)
(2) of Section 6-204 of this Act, and no fine | ||
is imposed ex parte, $4
of
every $40 cash deposit, or fraction | ||
thereof, given to secure appearance
shall be remitted within | ||
one month to the State Treasurer
to be deposited into the | ||
Drivers Education Fund, unless the bail is
subject to | ||
disbursement by the circuit clerk under Section 27.5 of the
| ||
Clerks of Courts Act.
| ||
(b) In addition to any other fine or penalty required by | ||
law for a person convicted of a violation of Section 11-503 or | ||
11-601.5 of this Code or a similar provision of a local | ||
ordinance, the court may, in its discretion, require the person | ||
to pay an additional criminal penalty that shall be distributed | ||
in its entirety to a public agency that provided an emergency | ||
response related to the person's violation. The criminal | ||
penalty may not exceed $100 per public agency for each | ||
emergency response provided for a first violation of Section | ||
11-503 or
11-601.5 of this Code or a similar provision of a | ||
local
ordinance. The criminal penalty may not exceed $500 per | ||
public agency for each emergency response provided for a second | ||
or subsequent violation of Section 11-503 or
11-601.5 of this | ||
Code or a similar provision of a local
ordinance. As used in | ||
this subsection, "emergency response" means any incident | ||
requiring a response by a police officer, an ambulance, a | ||
firefighter carried on the rolls of a regularly constituted | ||
fire department or fire protection district, a firefighter of a | ||
volunteer fire department, or a member if a recognized | ||
not-for-profit rescue or emergency medical service provider. | ||
(Source: P.A. 91-716, eff. 10-1-00.)
| ||
Section 99. Effective date. This Act takes effect July 1, | ||
2010.
| ||