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Public Act 92-0431
SB64 Enrolled LRB9201534DHmbA
AN ACT in relation to vehicles.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 10. The Illinois Vehicle Code is amended by
changing Sections 11-501 and 16-104b as follows:
(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
Sec. 11-501. Driving while under the influence of
alcohol, other drug or drugs, intoxicating compound or
compounds or any combination thereof.
(a) A person shall not drive or be in actual physical
control of any vehicle within this State while:
(1) the alcohol concentration in the person's blood
or breath is 0.08 or more based on the definition of
blood and breath units in Section 11-501.2;
(2) under the influence of alcohol;
(3) under the influence of any intoxicating
compound or combination of intoxicating compounds to a
degree that renders the person incapable of driving
safely;
(4) under the influence of any other drug or
combination of drugs to a degree that renders the person
incapable of safely driving;
(5) under the combined influence of alcohol, other
drug or drugs, or intoxicating compound or compounds to a
degree that renders the person incapable of safely
driving; or
(6) there is any amount of a drug, substance, or
compound in the person's breath, blood, or urine
resulting from the unlawful use or consumption of
cannabis listed in the Cannabis Control Act, a controlled
substance listed in the Illinois Controlled Substances
Act, or an intoxicating compound listed in the Use of
Intoxicating Compounds Act.
(b) The fact that any person charged with violating this
Section is or has been legally entitled to use alcohol, other
drug or drugs, or intoxicating compound or compounds, or any
combination thereof, shall not constitute a defense against
any charge of violating this Section.
(c) Except as provided under paragraphs (c-3) and (d) of
this Section, every person convicted of violating this
Section or a similar provision of a local ordinance, shall be
guilty of a Class A misdemeanor and, in addition to any other
criminal or administrative action, for any second conviction
of violating this Section or a similar provision of a law of
another state or local ordinance committed within 5 years of
a previous violation of this Section or a similar provision
of a local ordinance shall be mandatorily sentenced to a
minimum of 48 consecutive hours of imprisonment or assigned
to a minimum of 100 hours of community service as may be
determined by the court. Every person convicted of violating
this Section or a similar provision of a local ordinance
shall be subject to a mandatory minimum fine of $500 and a
mandatory 5 days of community service in a program benefiting
children if the person committed a violation of paragraph (a)
or a similar provision of a local ordinance while
transporting a person under age 16. Every person convicted a
second time for violating this Section or a similar provision
of a local ordinance within 5 years of a previous violation
of this Section or a similar provision of a law of another
state or local ordinance shall be subject to a mandatory
minimum fine of $500 and 10 days of mandatory community
service in a program benefiting children if the current
offense was committed while transporting a person under age
16. The imprisonment or assignment under this subsection
shall not be subject to suspension nor shall the person be
eligible for probation in order to reduce the sentence or
assignment.
(c-1) (1) A person who violates this Section during a
period in which his or her driving privileges are revoked
or suspended, where the revocation or suspension was for
a violation of this Section, Section 11-501.1, paragraph
(b) of Section 11-401, or Section 9-3 of the Criminal
Code of 1961 is guilty of a Class 4 felony.
(2) A person who violates this Section a third time
during a period in which his or her driving privileges
are revoked or suspended where the revocation or
suspension was for a violation of this Section, Section
11-501.1, paragraph (b) of Section 11-401, or Section 9-3
of the Criminal Code of 1961 is guilty of a Class 3
felony.
(3) A person who violates this Section a fourth or
subsequent time during a period in which his or her
driving privileges are revoked or suspended where the
revocation or suspension was for a violation of this
Section, Section 11-501.1, paragraph (b) of Section
11-401, or Section 9-3 of the Criminal Code of 1961 is
guilty of a Class 2 felony.
(c-2) (Blank).
(c-3) Every person convicted of violating this Section
or a similar provision of a local ordinance who had a child
under age 16 in the vehicle at the time of the offense shall
have his or her punishment under this Act enhanced by 2 days
of imprisonment for a first offense, 10 days of imprisonment
for a second offense, 30 days of imprisonment for a third
offense, and 90 days of imprisonment for a fourth or
subsequent offense, in addition to the fine and community
service required under subsection (c) and the possible
imprisonment required under subsection (d). The imprisonment
or assignment under this subsection shall not be subject to
suspension nor shall the person be eligible for probation in
order to reduce the sentence or assignment.
(d) (1) Every person convicted of committing a violation
of this Section shall be guilty of aggravated driving under
the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination
thereof if:
(A) the person committed a violation of this
Section, or a similar provision of a law of another state
or a local ordinance when the cause of action is the same
as or substantially similar to this Section, for the
third or subsequent time;
(B) the person committed a violation of paragraph
(a) while driving a school bus with children on board;
(C) the person in committing a violation of
paragraph (a) was involved in a motor vehicle accident
that resulted in great bodily harm or permanent
disability or disfigurement to another, when the
violation was a proximate cause of the injuries; or
(D) the person committed a violation of paragraph
(a) for a second time and has been previously convicted
of violating Section 9-3 of the Criminal Code of 1961
relating to reckless homicide in which the person was
determined to have been under the influence of alcohol,
other drug or drugs, or intoxicating compound or
compounds as an element of the offense or the person has
previously been convicted under subparagraph (C) of this
paragraph (1).
(2) Aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds,
or any combination thereof is a Class 4 felony for which a
person, if sentenced to a term of imprisonment, shall be
sentenced to not less than one year and not more than 3 years
for a violation of subparagraph (A), (B) or (D) of paragraph
(1) of this subsection (d) and not less than one year and not
more than 12 years for a violation of subparagraph (C) of
paragraph (1) of this subsection (d). For any prosecution
under this subsection (d), a certified copy of the driving
abstract of the defendant shall be admitted as proof of any
prior conviction.
(e) After a finding of guilt and prior to any final
sentencing, or an order for supervision, for an offense based
upon an arrest for a violation of this Section or a similar
provision of a local ordinance, individuals shall be required
to undergo a professional evaluation to determine if an
alcohol, drug, or intoxicating compound abuse problem exists
and the extent of the problem. Programs conducting these
evaluations shall be licensed by the Department of Human
Services. The cost of any professional evaluation shall be
paid for by the individual required to undergo the
professional evaluation.
(f) Every person found guilty of violating this Section,
whose operation of a motor vehicle while in violation of this
Section proximately caused any incident resulting in an
appropriate emergency response, shall be liable for the
expense of an emergency response as provided under Section
5-5-3 of the Unified Code of Corrections.
(g) The Secretary of State shall revoke the driving
privileges of any person convicted under this Section or a
similar provision of a local ordinance.
(h) Every person sentenced under subsection (d) of this
Section and who receives a term of probation or conditional
discharge shall be required to serve a minimum term of either
30 days community service or, beginning July 1, 1993, 48
consecutive hours of imprisonment as a condition of the
probation or conditional discharge. This mandatory minimum
term of imprisonment or assignment of community service shall
not be suspended and shall not be subject to reduction by the
court.
(i) The Secretary of State may use ignition interlock
device requirements when granting driving relief to
individuals who have been arrested for a second or subsequent
offense of this Section or a similar provision of a local
ordinance. The Secretary shall establish by rule and
regulation the procedures for use of the interlock system.
(j) In addition to any other penalties and liabilities,
a person who is found guilty of or pleads guilty to violating
this Section, including any person placed on court
supervision for violating this Section, shall be fined $100,
payable to the circuit clerk, who shall distribute the money
to the law enforcement agency that made the arrest. If the
person has been previously convicted of violating this
Section or a similar provision of a local ordinance, the fine
shall be $200. In the event that more than one agency is
responsible for the arrest, the $100 or $200 shall be shared
equally. Any moneys received by a law enforcement agency
under this subsection (j) shall be used to purchase law
enforcement equipment that will assist in the prevention of
alcohol related criminal violence throughout the State. This
shall include, but is not limited to, in-car video cameras,
radar and laser speed detection devices, and alcohol breath
testers. Any moneys received by the Department of State
Police under this subsection (j) shall be deposited into the
State Police DUI Fund and shall be used to purchase law
enforcement equipment that will assist in the prevention of
alcohol related criminal violence throughout the State.
(Source: P.A. 90-43, eff. 7-2-97; 90-400, eff. 8-15-97;
90-611, eff. 1-1-99; 90-655, eff. 7-30-98; 90-738, eff.
1-1-99; 90-779, eff. 1-1-99; 91-126, eff. 7-16-99; 91-357,
eff. 7-29-99; 91-692, eff. 4-13-00; 91-822, eff. 6-13-00.)
(625 ILCS 5/16-104b)
Sec. 16-104b. Amounts for Trauma Center Fund. In
counties that have elected not to distribute moneys under the
disbursement formulas in Sections 27.5 and 27.6 of the Clerks
of Courts Act, the Circuit Clerk of the County, when
collecting fees, fines, costs, additional penalties, bail
balances assessed or forfeited, and any other amount imposed
upon a conviction of or an order of supervision for a
violation of laws or ordinances regulating the movement of
traffic that amounts to $55 or more, shall remit $5 of the
total amount collected, less 2 1/2% of the $5 to help defray
the administrative costs incurred by the Clerk, except that
upon a conviction or order of supervision for driving under
the influence of alcohol or drugs the Clerk shall remit $105
$30 of the total amount collected ($5 for a traffic violation
that amounts to $55 or more and an additional fee of $100 $25
to be collected by the Circuit Clerk for a conviction or
order of supervision for driving under the influence of
alcohol or drugs), less the 2 1/2%, within 60 days to the
State Treasurer to be deposited into the Trauma Center Fund.
Of the amounts deposited into the Trauma Center Fund under
this Section, 50% shall be disbursed to the Department of
Public Health and 50% shall be disbursed to the Department of
Public Aid. 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 calendar year.
(Source: P.A. 88-667, eff. 9-16-94; 89-105, eff. 1-1-96.)
Section 15. The Clerks of Courts Act is amended by
changing Section 27.6 as follows:
(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 5-5-3 of
the Unified Code of Corrections, 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, 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 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 $25 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 $25 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 or the Controlled Substance 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 or the Illinois Controlled
Substances 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.
(Source: P.A. 89-105, eff. 1-1-96; 89-234, eff. 1-1-96;
89-516, eff. 7-18-96; 89-626, eff. 8-9-96.)
Section 20. The Unified Code of Corrections is amended
by changing Sections 5-9-1 and 5-9-1.1 as follows:
(730 ILCS 5/5-9-1) (from Ch. 38, par. 1005-9-1)
Sec. 5-9-1. Authorized fines.
(a) An offender may be sentenced to pay a fine which
shall not exceed for each offense:
(1) for a felony, $25,000 or the amount specified
in the offense, whichever is greater, or where the
offender is a corporation, $50,000 or the amount
specified in the offense, whichever is greater;
(2) for a Class A misdemeanor, $2,500 or the amount
specified in the offense, whichever is greater;
(3) for a Class B or Class C misdemeanor, $1,500;
(4) for a petty offense, $1,000 or the amount
specified in the offense, whichever is less;
(5) for a business offense, the amount specified in
the statute defining that offense.
(b) A fine may be imposed in addition to a sentence of
conditional discharge, probation, periodic imprisonment, or
imprisonment.
(c) There shall be added to every fine imposed in
sentencing for a criminal or traffic offense, except an
offense relating to parking or registration, or offense by a
pedestrian, an additional penalty of $5 for each $40, or
fraction thereof, of fine imposed. The additional penalty of
$5 for each $40, or fraction thereof, of fine imposed, if not
otherwise assessed, shall also be added to every fine imposed
upon a plea of guilty, stipulation of facts or findings of
guilty, resulting in a judgment of conviction, or order of
supervision in criminal, traffic, local ordinance, county
ordinance, and conservation cases (except parking,
registration, or pedestrian violations), or upon a sentence
of probation without entry of judgment under Section 10 of
the Cannabis Control Act or Section 410 of the Controlled
Substances Act.
Such additional amounts shall be assessed by the court
imposing the fine and shall be collected by the Circuit Clerk
in addition to the fine and costs in the case. Each such
additional penalty shall be remitted by the Circuit Clerk
within one month after receipt to the State Treasurer. The
State Treasurer shall deposit $1 for each $40, or fraction
thereof, of fine imposed into the LEADS Maintenance Fund.
The remaining surcharge amount shall be deposited into the
Traffic and Criminal Conviction Surcharge Fund, unless the
fine, costs or additional amounts are subject to disbursement
by the circuit clerk under Section 27.5 of the Clerks of
Courts Act. Such additional penalty 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 (c) during the preceding
calendar year. Except as otherwise provided by Supreme Court
Rules, if a court in imposing a fine against 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.
(c-5) In addition to the fines imposed by subsection
(c), any person convicted or receiving an order of
supervision for driving under the influence of alcohol or
drugs shall pay an additional $100 $25 fee to the clerk.
This additional fee, 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 $25 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
(c-5) during the preceding calendar year.
The Circuit Clerk may accept payment of fines and costs
by credit card from an offender who has been convicted of a
traffic offense, petty offense or misdemeanor and may charge
the service fee permitted where fines and costs are paid by
credit card provided for in Section 27.3b of the Clerks of
Courts Act.
(c-7) In addition to the fines imposed by subsection
(c), any person convicted or receiving an order of
supervision for driving under the influence of alcohol or
drugs shall pay an additional $5 fee to the clerk. This
additional fee, 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 (c-7) during the
preceding calendar year.
(d) In determining the amount and method of payment of a
fine, except for those fines established for violations of
Chapter 15 of the Illinois Vehicle Code, the court shall
consider:
(1) the financial resources and future ability of
the offender to pay the fine; and
(2) whether the fine will prevent the offender from
making court ordered restitution or reparation to the
victim of the offense; and
(3) in a case where the accused is a dissolved
corporation and the court has appointed counsel to
represent the corporation, the costs incurred either by
the county or the State for such representation.
(e) The court may order the fine to be paid forthwith or
within a specified period of time or in installments.
(f) All fines, costs and additional amounts imposed
under this Section for any violation of Chapters 3, 4, 6, and
11 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,
shall be collected and disbursed by the circuit clerk as
provided under Section 27.5 of the Clerks of Courts Act.
(Source: P.A. 89-105, eff. 1-1-96; 90-130, eff. 1-1-98;
90-384, eff. 1-1-98; 90-655, eff. 7-30-98.)
(730 ILCS 5/5-9-1.1) (from Ch. 38, par. 1005-9-1.1)
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, 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.
(Source: P.A. 89-516, eff. 7-18-96.)
Passed in the General Assembly May 22, 2001.
Approved August 17, 2001.
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