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92nd General Assembly

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Public Act 92-0312

SB829 Enrolled                                 LRB9200801ARcd

    AN ACT to  amend  the  Unified  Code  of  Corrections  by
changing Section 5-9-1.4.

    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 Section 5-9-1.4 as follows:

    (730 ILCS 5/5-9-1.4) (from Ch. 38, par. 1005-9-1.4)
    Sec.   5-9-1.4.    (a)   "Crime   laboratory"  means  any
not-for-profit   laboratory   registered   with   the    Drug
Enforcement Administration of the United States Department of
Justice,  substantially  funded  by  a unit or combination of
units of local government or the  State  of  Illinois,  which
regularly employs at least one person engaged in the analysis
of  controlled  substances, cannabis or steroids for criminal
justice agencies in criminal matters and  provides  testimony
with respect to such examinations.
    (b)  When a person has been adjudged guilty of an offense
in  violation  of  the  Cannabis  Control  Act,  the Illinois
Controlled Substances Act or  the  Steroid  Control  Act,  in
addition to any other disposition, penalty or fine imposed, a
criminal laboratory analysis fee of $100 $50 for each offense
for which he was convicted shall be levied by the court.  Any
person  placed  on  probation  pursuant  to Section 10 of the
Cannabis Control Act, Section 410 of the Illinois  Controlled
Substances  Act  or  Section 10 of the Steroid Control Act or
placed on supervision for a violation of the Cannabis Control
Act, the Illinois Controlled Substances Act  or  the  Steroid
Control  Act shall be assessed a criminal laboratory analysis
fee of $100 $50 for each offense for which  he  was  charged.
Upon  verified  petition of the person, the court may suspend
payment of all or part of the fee if it finds that the person
does not have the ability to pay the fee.
    (c)  In addition to any other disposition  made  pursuant
to  the  provisions  of  the  Juvenile Court Act of 1987, any
minor  adjudicated  delinquent  for  an  offense   which   if
committed  by  an  adult  would constitute a violation of the
Cannabis Control Act, the Illinois Controlled Substances  Act
or  the  Steroid  Control  Act  shall  be assessed a criminal
laboratory analysis fee of $100 $50  for  each  adjudication.
Upon  verified  petition  of the minor, the court may suspend
payment of all or part of the fee if it finds that the  minor
does  not  have  the  ability  to  pay  the  fee. The parent,
guardian or legal custodian of the minor may pay some or  all
of such fee on the minor's behalf.
    (d)  All  criminal  laboratory analysis fees provided for
by this Section shall be collected by the clerk of the  court
and  forwarded  to  the  appropriate crime laboratory fund as
provided in subsection (f).
    (e)  Crime  laboratory  funds  shall  be  established  as
follows:
         (1)  Any unit of local government which maintains  a
    crime  laboratory  may  establish a crime laboratory fund
    within the office of the county or municipal treasurer.
         (2)  Any combination of units  of  local  government
    which  maintains a crime laboratory may establish a crime
    laboratory fund within the office of the treasurer of the
    county where the crime laboratory is situated.
         (3)  The  State  Crime  Laboratory  Fund  is  hereby
    created as a special fund in the State Treasury.
    (f)  The analysis fee provided for in subsections (b) and
(c) of this Section shall be forwarded to the office  of  the
treasurer  of the unit of local government that performed the
analysis if that unit of local government has  established  a
crime  laboratory fund, or to the State Crime Laboratory Fund
if the analysis was performed by a laboratory operated by the
Illinois State Police.  If the analysis was  performed  by  a
crime  laboratory  funded  by a combination of units of local
government, the  analysis  fee  shall  be  forwarded  to  the
treasurer  of  the  county  where  the  crime  laboratory  is
situated  if  a crime laboratory fund has been established in
that county.  If the unit of local government or  combination
of  units  of  local  government  has not established a crime
laboratory fund, then the analysis fee shall be forwarded  to
the  State  Crime  Laboratory Fund.  The clerk of the circuit
court may retain the amount of $10  $5  from  each  collected
analysis  fee  to  offset  administrative  costs  incurred in
carrying out the clerk's responsibilities under this Section.
    (g)  Fees deposited into a crime laboratory fund  created
pursuant  to  paragraphs (1) or (2) of subsection (e) of this
Section shall be in addition to any allocations made pursuant
to existing law and shall be designated for the exclusive use
of the crime laboratory.  These uses may include, but are not
limited to, the following:
         (1)  costs  incurred  in  providing   analysis   for
    controlled   substances   in   connection  with  criminal
    investigations conducted within this State;
         (2)  purchase and maintenance of equipment  for  use
    in performing analyses; and
         (3)  continuing education, training and professional
    development  of forensic scientists regularly employed by
    these laboratories.
    (h)  Fees deposited in the State  Crime  Laboratory  Fund
created  pursuant  to paragraph (3) of subsection (d) of this
Section  shall  be  used  by  State  crime  laboratories   as
designated  by  the  Director  of  State Police.  These funds
shall be in addition to  any  allocations  made  pursuant  to
existing law and shall be designated for the exclusive use of
State  crime  laboratories.    These  uses  may include those
enumerated in subsection (g) of this Section.
(Source: P.A. 90-655, eff. 7-30-98.)

    Section 99.  Effective date.  This Act  takes  effect  on
January 1, 2002.
    Passed in the General Assembly May 16, 2001.
    Approved August 09, 2001.

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