Bill Amendment: IL SB0581 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: DUI PREVENTION/EDUCATION FUND
Status: 2017-01-03 - Rule 19(b) / Re-referred to Rules Committee [SB0581 Detail]
Download: Illinois-2015-SB0581-Senate_Amendment_001.html
Bill Title: DUI PREVENTION/EDUCATION FUND
Status: 2017-01-03 - Rule 19(b) / Re-referred to Rules Committee [SB0581 Detail]
Download: Illinois-2015-SB0581-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 581
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2 | AMENDMENT NO. ______. Amend Senate Bill 581 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the DUI | ||||||
5 | Prevention and Education Commission Act.
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6 | Section 5. The DUI Prevention and Education Commission.
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7 | (a) The DUI Prevention and Education Commission is created, | ||||||
8 | consisting of the following members: | ||||||
9 | (1) one member from the office of the Secretary of | ||||||
10 | State, appointed by the Secretary of State;
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11 | (2) one member representing law enforcement, appointed | ||||||
12 | by the Department of State Police;
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13 | (3) one member from the Division of Alcohol and | ||||||
14 | Substance Abuse of the Department of Human Services, | ||||||
15 | appointed by the Secretary of the Department of Human | ||||||
16 | Services;
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1 | (4) one member from the Division of Traffic Safety of | ||||||
2 | the Department of Transportation, appointed by the | ||||||
3 | Secretary of the Department of Transportation; and | ||||||
4 | (5) the Director of the Office of the State's Attorneys | ||||||
5 | Appellate Prosecutor, or his or her designee. | ||||||
6 | (b) The members of the Commission shall be appointed within | ||||||
7 | 60 days after the effective date of this Act. | ||||||
8 | (c) The members of the Commission shall receive no | ||||||
9 | compensation for serving as members of the Commission. | ||||||
10 | (d) The Department of Transportation shall provide | ||||||
11 | administrative support to the Commission.
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12 | Section 10. Meetings. | ||||||
13 | (a) Each member of the Commission shall have voting rights | ||||||
14 | and all actions and recommendations shall be approved by a | ||||||
15 | simple majority vote of the members. A quorum shall consist of | ||||||
16 | 3 members. | ||||||
17 | (b) The initial meeting of the Commission shall take place | ||||||
18 | within 90 days after the effective date of this Act. At the | ||||||
19 | initial meeting, the Commission shall elect one member as a | ||||||
20 | Chairperson by a simple majority vote. The Chairperson shall | ||||||
21 | call any subsequent meetings.
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22 | Section 15. Powers. The Commission shall:
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23 | (1) create rules and guidelines to consider in | ||||||
24 | accepting, reviewing, and determining grant applications;
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1 | (2) as necessary, meet to determine recipients of | ||||||
2 | grants from the DUI Prevention and Education Fund; and
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3 | (3) provide a list of eligible grant recipients to the | ||||||
4 | Department of Transportation.
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5 | Section 20. DUI Prevention and Education Fund; transfer of | ||||||
6 | funds. | ||||||
7 | (a) The DUI Prevention and Education Fund is created as a | ||||||
8 | special fund in the State treasury. Subject to appropriation, | ||||||
9 | all moneys in the DUI Prevention and Education Fund shall be | ||||||
10 | distributed by the Department of Transportation with guidance | ||||||
11 | from the DUI Prevention and Education Commission as grants for | ||||||
12 | crash victim programs and materials, impaired driving | ||||||
13 | prevention programs, law enforcement support, and other | ||||||
14 | DUI-related programs. | ||||||
15 | (b) As soon as practical after the effective date of this | ||||||
16 | Act, the State Comptroller shall direct and the State Treasurer | ||||||
17 | shall transfer $750,000 from the Roadside Memorial Fund to the | ||||||
18 | DUI Prevention and Education Fund.
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19 | Section 25. The State Finance Act is amended by adding | ||||||
20 | Section 5.875 as follows:
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21 | (30 ILCS 105/5.875 new) | ||||||
22 | Sec. 5.875. DUI Prevention and Education Fund.
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1 | Section 30. The Clerks of Courts Act is amended by changing | ||||||
2 | Sections 27.5 and 27.6 as follows:
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3 | (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
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4 | Sec. 27.5. (a) All fees, fines, costs, additional | ||||||
5 | penalties, bail balances
assessed or forfeited, and any other | ||||||
6 | amount paid by a person to the circuit
clerk that equals an | ||||||
7 | amount less than $55, except restitution under Section
5-5-6 of | ||||||
8 | the Unified Code of Corrections, reimbursement for the costs of | ||||||
9 | an
emergency response as provided under Section 11-501 of the | ||||||
10 | Illinois Vehicle
Code, any fees collected for attending a | ||||||
11 | traffic safety program under
paragraph (c) of Supreme Court | ||||||
12 | Rule 529, any fee collected on behalf of a
State's Attorney | ||||||
13 | under Section 4-2002 of the Counties Code or a sheriff under
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14 | Section 4-5001 of the Counties Code, or any cost imposed under | ||||||
15 | Section 124A-5
of the Code of Criminal Procedure of 1963, for | ||||||
16 | convictions, orders of
supervision, or any other disposition | ||||||
17 | for a violation of Chapters 3, 4, 6,
11, and 12 of the Illinois | ||||||
18 | Vehicle Code, or a similar provision of a local
ordinance, and | ||||||
19 | any violation of the Child Passenger Protection Act, or a
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20 | similar provision of a local ordinance, and except as otherwise | ||||||
21 | provided in this Section, shall be disbursed within 60 days | ||||||
22 | after receipt by the circuit
clerk as follows: 47% shall be | ||||||
23 | disbursed to the entity authorized by law to
receive the fine | ||||||
24 | imposed in the case; 12% shall be disbursed to the State
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25 | Treasurer; and 41% shall be disbursed to the county's general |
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1 | corporate fund.
Of the 12% disbursed to the State Treasurer, | ||||||
2 | 1/6 shall be deposited by the
State Treasurer into the Violent | ||||||
3 | Crime Victims Assistance Fund, 1/2 shall be
deposited into the | ||||||
4 | Traffic and Criminal Conviction Surcharge Fund, and 1/3
shall | ||||||
5 | be deposited into the Drivers Education Fund. For fiscal years | ||||||
6 | 1992 and
1993, amounts deposited into the Violent Crime Victims | ||||||
7 | Assistance Fund, the
Traffic and Criminal Conviction Surcharge | ||||||
8 | Fund, or the Drivers Education Fund
shall not exceed 110% of | ||||||
9 | the amounts deposited into those funds in fiscal year
1991. Any | ||||||
10 | amount that exceeds the 110% limit shall be distributed as | ||||||
11 | follows:
50% shall be disbursed to the county's general | ||||||
12 | corporate fund and 50% shall be
disbursed to the entity | ||||||
13 | authorized by law to receive the fine imposed in the
case. Not | ||||||
14 | later than March 1 of each year the circuit clerk
shall submit | ||||||
15 | a report of the amount of funds remitted to the State
Treasurer | ||||||
16 | under this Section during the preceding year based upon
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17 | independent verification of fines and fees. All counties shall | ||||||
18 | be subject
to this Section, except that counties with a | ||||||
19 | population under 2,000,000
may, by ordinance, elect not to be | ||||||
20 | subject to this Section. For offenses
subject to this Section, | ||||||
21 | judges shall impose one total sum of money payable
for | ||||||
22 | violations. The circuit clerk may add on no additional amounts | ||||||
23 | except
for amounts that are required by Sections 27.3a and | ||||||
24 | 27.3c of
this Act, Section 16-104c of the Illinois Vehicle | ||||||
25 | Code, and subsection (a) of Section 5-1101 of the Counties | ||||||
26 | Code, unless those amounts are specifically waived by the |
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1 | judge. With
respect to money collected by the circuit clerk as | ||||||
2 | a result of
forfeiture of bail, ex parte judgment or guilty | ||||||
3 | plea pursuant to Supreme
Court Rule 529, the circuit clerk | ||||||
4 | shall first deduct and pay amounts
required by Sections 27.3a | ||||||
5 | and 27.3c of this Act. Unless a court ordered payment schedule | ||||||
6 | is implemented or fee requirements are waived pursuant to a | ||||||
7 | court order, the circuit clerk may add to any unpaid fees and | ||||||
8 | costs a delinquency amount equal to 5% of the unpaid fees that | ||||||
9 | remain unpaid after 30 days, 10% of the unpaid fees that remain | ||||||
10 | unpaid after 60 days, and 15% of the unpaid fees that remain | ||||||
11 | unpaid after 90 days. Notice to those parties may be made by | ||||||
12 | signage posting or publication. The additional delinquency | ||||||
13 | amounts collected under this Section shall be deposited in the | ||||||
14 | Circuit Court Clerk Operation and Administrative Fund to be | ||||||
15 | used to defray administrative costs incurred by the circuit | ||||||
16 | clerk in performing the duties required to collect and disburse | ||||||
17 | funds. This Section is a denial
and limitation of home rule | ||||||
18 | powers and functions under subsection (h) of
Section 6 of | ||||||
19 | Article VII of the Illinois Constitution.
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20 | (b) The following amounts must be remitted to the State | ||||||
21 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
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22 | (1) 50% of the amounts collected for felony offenses | ||||||
23 | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||||||
24 | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||||||
25 | Animals Act and Section 26-5 or 48-1 of the Criminal Code | ||||||
26 | of
1961 or the Criminal Code of 2012;
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1 | (2) 20% of the amounts collected for Class A and Class | ||||||
2 | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||||||
3 | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||||||
4 | for Animals Act and Section 26-5 or 48-1 of the Criminal
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5 | Code of 1961 or the Criminal Code of 2012; and
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6 | (3) 50% of the amounts collected for Class C | ||||||
7 | misdemeanors under
Sections 4.01 and 7.1 of the Humane Care | ||||||
8 | for Animals Act and Section 26-5
or 48-1 of the Criminal | ||||||
9 | Code of 1961 or the Criminal Code of 2012.
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10 | (c) Any person who receives a disposition of court | ||||||
11 | supervision for a violation of the Illinois Vehicle Code or a | ||||||
12 | similar provision of a local ordinance shall, in addition to | ||||||
13 | any other fines, fees, and court costs, pay an additional fee | ||||||
14 | of $29, to be disbursed as provided in Section 16-104c of the | ||||||
15 | Illinois Vehicle Code. In addition to the fee of $29, the | ||||||
16 | person shall also pay a fee of $6, if not waived by the court. | ||||||
17 | If this $6 fee is collected, $5.50 of the fee shall be | ||||||
18 | deposited into the Circuit Court Clerk Operation and | ||||||
19 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
20 | and 50 cents of the fee shall be deposited into the Prisoner | ||||||
21 | Review Board Vehicle and Equipment Fund in the State treasury. | ||||||
22 | (d) Any person convicted of, pleading guilty to, or placed | ||||||
23 | on supervision for a serious traffic violation, as defined in | ||||||
24 | Section 1-187.001 of the Illinois Vehicle Code, a violation of | ||||||
25 | Section 11-501 of the Illinois Vehicle Code, or a violation of | ||||||
26 | a similar provision of a local ordinance shall pay an |
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1 | additional fee of $35, to be disbursed as provided in Section | ||||||
2 | 16-104d of that Code. | ||||||
3 | This subsection (d) becomes inoperative on January 1, 2020.
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4 | (e) In all counties having a population of 3,000,000 or | ||||||
5 | more inhabitants: | ||||||
6 | (1) A person who is found guilty of or pleads guilty to | ||||||
7 | violating subsection (a) of Section 11-501 of the Illinois | ||||||
8 | Vehicle Code, including any person placed on court | ||||||
9 | supervision for violating subsection (a), shall be fined | ||||||
10 | $750 as provided for by subsection (f) of Section 11-501.01 | ||||||
11 | of the Illinois Vehicle Code, payable to the circuit clerk, | ||||||
12 | who shall distribute the money pursuant to subsection (f) | ||||||
13 | of Section 11-501.01 of the Illinois Vehicle Code. | ||||||
14 | (2) When a crime laboratory DUI analysis fee of $150, | ||||||
15 | provided for by Section 5-9-1.9 of the Unified Code of | ||||||
16 | Corrections is assessed, it shall be disbursed by the | ||||||
17 | circuit clerk as provided by subsection (f) of Section | ||||||
18 | 5-9-1.9 of the Unified Code of Corrections. | ||||||
19 | (3) When a fine for a violation of subsection (a) of | ||||||
20 | Section 11-605 of the Illinois Vehicle Code is $150 or | ||||||
21 | greater, the additional $50 which is charged as provided | ||||||
22 | for by subsection (f) of Section 11-605 of the Illinois | ||||||
23 | Vehicle Code shall be disbursed by the circuit clerk to a | ||||||
24 | school district or districts for school safety purposes as | ||||||
25 | provided by subsection (f) of Section 11-605. | ||||||
26 | (4) When a fine for a violation of subsection (a) of |
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1 | Section 11-1002.5 of the Illinois Vehicle Code is $150 or | ||||||
2 | greater, the additional $50 which is charged as provided | ||||||
3 | for by subsection (c) of Section 11-1002.5 of the Illinois | ||||||
4 | Vehicle Code shall be disbursed by the circuit clerk to a | ||||||
5 | school district or districts for school safety purposes as | ||||||
6 | provided by subsection (c) of Section 11-1002.5 of the | ||||||
7 | Illinois Vehicle Code. | ||||||
8 | (5) When a mandatory drug court fee of up to $5 is | ||||||
9 | assessed as provided in subsection (f) of Section 5-1101 of | ||||||
10 | the Counties Code, it shall be disbursed by the circuit | ||||||
11 | clerk as provided in subsection (f) of Section 5-1101 of | ||||||
12 | the Counties Code. | ||||||
13 | (6) When a mandatory teen court, peer jury, youth | ||||||
14 | court, or other youth diversion program fee is assessed as | ||||||
15 | provided in subsection (e) of Section 5-1101 of the | ||||||
16 | Counties Code, it shall be disbursed by the circuit clerk | ||||||
17 | as provided in subsection (e) of Section 5-1101 of the | ||||||
18 | Counties Code. | ||||||
19 | (7) When a Children's Advocacy Center fee is assessed | ||||||
20 | pursuant to subsection (f-5) of Section 5-1101 of the | ||||||
21 | Counties Code, it shall be disbursed by the circuit clerk | ||||||
22 | as provided in subsection (f-5) of Section 5-1101 of the | ||||||
23 | Counties Code. | ||||||
24 | (8) When a victim impact panel fee is assessed pursuant | ||||||
25 | to subsection (b) of Section 11-501.01 of the Illinois | ||||||
26 | Vehicle Code, it shall be disbursed by the circuit clerk to |
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1 | the victim impact panel to be
attended by the defendant. | ||||||
2 | (9) When a new fee collected in traffic cases is | ||||||
3 | enacted after January 1, 2010 (the effective date of Public | ||||||
4 | Act 96-735), it shall be excluded from the percentage | ||||||
5 | disbursement provisions of this Section unless otherwise | ||||||
6 | indicated by law. | ||||||
7 | (f) Any person who receives a disposition of court | ||||||
8 | supervision for a violation of Section 11-501 of the Illinois | ||||||
9 | Vehicle Code shall, in addition to any other fines, fees, and | ||||||
10 | court costs, pay an additional fee of $50, which shall
be | ||||||
11 | collected by the circuit clerk and then remitted to the State | ||||||
12 | Treasurer for deposit as follows: | ||||||
13 | (1) $5 into the Roadside Memorial Fund, a special fund | ||||||
14 | in the State treasury. However, the court may waive the fee | ||||||
15 | if full restitution is complied with. Subject to | ||||||
16 | appropriation, all moneys in the Roadside Memorial Fund | ||||||
17 | shall be used by the Department of Transportation to pay | ||||||
18 | fees imposed under subsection (f) of Section 20 of the | ||||||
19 | Roadside Memorial Act. The fee shall be remitted by the | ||||||
20 | circuit clerk within one month after receipt to the State | ||||||
21 | Treasurer for deposit into the Roadside Memorial Fund. | ||||||
22 | (2) $45 into the DUI Prevention and Education Fund. | ||||||
23 | The court may waive the fee if full restitution is complied | ||||||
24 | with. | ||||||
25 | (g) For any conviction or disposition of court supervision | ||||||
26 | for a violation of Section 11-1429 of the Illinois Vehicle |
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1 | Code, the circuit clerk shall distribute the fines paid by the | ||||||
2 | person as specified by subsection (h) of Section 11-1429 of the | ||||||
3 | Illinois Vehicle Code. | ||||||
4 | (Source: P.A. 97-333, eff. 8-12-11; 97-1108, eff. 1-1-13; | ||||||
5 | 97-1150, eff. 1-25-13; 98-658, eff. 6-23-14.)
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6 | (705 ILCS 105/27.6)
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7 | (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625, | ||||||
8 | 96-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150, | ||||||
9 | 98-658, 98-1013, 99-78, and 99-455) | ||||||
10 | Sec. 27.6. (a) All fees, fines, costs, additional | ||||||
11 | penalties, bail balances
assessed or forfeited, and any other | ||||||
12 | amount paid by a person to the circuit
clerk equalling an | ||||||
13 | amount of $55 or more, except the fine imposed by Section | ||||||
14 | 5-9-1.15
of the Unified Code of Corrections, the additional fee | ||||||
15 | required
by subsections (b) and (c), restitution under Section | ||||||
16 | 5-5-6 of the
Unified Code of Corrections, contributions to a | ||||||
17 | local anti-crime program ordered pursuant to Section | ||||||
18 | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | ||||||
19 | Corrections, reimbursement for the costs of an emergency
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20 | response as provided under Section 11-501 of the Illinois | ||||||
21 | Vehicle Code,
any fees collected for attending a traffic safety | ||||||
22 | program under paragraph (c)
of Supreme Court Rule 529, any fee | ||||||
23 | collected on behalf of a State's Attorney
under Section 4-2002 | ||||||
24 | of the Counties Code or a sheriff under Section 4-5001
of the | ||||||
25 | Counties Code, or any cost imposed under Section 124A-5 of the |
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1 | Code of
Criminal Procedure of 1963, for convictions, orders of | ||||||
2 | supervision, or any
other disposition for a violation of | ||||||
3 | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | ||||||
4 | similar provision of a local ordinance, and any
violation of | ||||||
5 | the Child Passenger Protection Act, or a similar provision of a
| ||||||
6 | local ordinance, and except as otherwise provided in this | ||||||
7 | Section
shall be disbursed
within 60 days after receipt by the | ||||||
8 | circuit
clerk as follows: 44.5% shall be disbursed to the | ||||||
9 | entity authorized by law to
receive the fine imposed in the | ||||||
10 | case; 16.825% shall be disbursed to the State
Treasurer; and | ||||||
11 | 38.675% shall be disbursed to the county's general corporate
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12 | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | ||||||
13 | shall be deposited
by the State Treasurer into the Violent | ||||||
14 | Crime Victims Assistance Fund, 5.052/17
shall be deposited into | ||||||
15 | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall | ||||||
16 | be deposited into the Drivers Education Fund, and 6.948/17 | ||||||
17 | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 | ||||||
18 | deposited into the
Trauma Center Fund from the 16.825% | ||||||
19 | disbursed to the State Treasurer, 50% shall
be disbursed to the | ||||||
20 | Department of Public Health and 50% shall be disbursed to
the | ||||||
21 | Department of Healthcare and Family Services. For fiscal year | ||||||
22 | 1993, amounts deposited into
the Violent Crime Victims | ||||||
23 | Assistance Fund, the Traffic and Criminal
Conviction Surcharge | ||||||
24 | Fund, or the Drivers Education Fund shall not exceed 110%
of | ||||||
25 | the amounts deposited into those funds in fiscal year 1991. Any
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26 | amount that exceeds the 110% limit shall be distributed as |
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1 | follows: 50%
shall be disbursed to the county's general | ||||||
2 | corporate fund and 50% shall be
disbursed to the entity | ||||||
3 | authorized by law to receive the fine imposed in
the case. Not | ||||||
4 | later than March 1 of each year the circuit clerk
shall submit | ||||||
5 | a report of the amount of funds remitted to the State
Treasurer | ||||||
6 | under this Section during the preceding year based upon
| ||||||
7 | independent verification of fines and fees. All counties shall | ||||||
8 | be subject
to this Section, except that counties with a | ||||||
9 | population under 2,000,000
may, by ordinance, elect not to be | ||||||
10 | subject to this Section. For offenses
subject to this Section, | ||||||
11 | judges shall impose one total sum of money payable
for | ||||||
12 | violations. The circuit clerk may add on no additional amounts | ||||||
13 | except
for amounts that are required by Sections 27.3a and | ||||||
14 | 27.3c of
this Act, unless those amounts are specifically waived | ||||||
15 | by the judge. With
respect to money collected by the circuit | ||||||
16 | clerk as a result of
forfeiture of bail, ex parte judgment or | ||||||
17 | guilty plea pursuant to Supreme
Court Rule 529, the circuit | ||||||
18 | clerk shall first deduct and pay amounts
required by Sections | ||||||
19 | 27.3a and 27.3c of this Act. This Section is a denial
and | ||||||
20 | limitation of home rule powers and functions under subsection | ||||||
21 | (h) of
Section 6 of Article VII of the Illinois Constitution.
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22 | (b) In addition to any other fines and court costs assessed | ||||||
23 | by the courts,
any person convicted or receiving an order of | ||||||
24 | supervision for driving under
the influence of alcohol or drugs | ||||||
25 | shall pay an additional fee of $100 to the
clerk of the circuit | ||||||
26 | court. This amount, less 2 1/2% that shall be used to
defray |
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1 | administrative costs incurred by the clerk, shall be remitted | ||||||
2 | by the
clerk to the Treasurer within 60 days after receipt for | ||||||
3 | deposit into the Trauma
Center Fund. This additional fee of | ||||||
4 | $100 shall not be considered a part of the
fine for purposes of | ||||||
5 | any reduction in the fine for time served either before or
| ||||||
6 | after sentencing. Not later than March 1 of each year the | ||||||
7 | Circuit Clerk shall
submit a report of the amount of funds | ||||||
8 | remitted to the State Treasurer under
this subsection during | ||||||
9 | the preceding calendar year.
| ||||||
10 | (b-1) In addition to any other fines and court costs | ||||||
11 | assessed by the courts,
any person convicted or receiving an | ||||||
12 | order of supervision for driving under the
influence of alcohol | ||||||
13 | or drugs shall pay an additional fee of $5 to the clerk
of the | ||||||
14 | circuit court. This amount, less
2 1/2% that shall be used to | ||||||
15 | defray administrative costs incurred by the clerk,
shall be | ||||||
16 | remitted by the clerk to the Treasurer within 60 days after | ||||||
17 | receipt
for deposit into the Spinal Cord Injury Paralysis Cure | ||||||
18 | Research Trust Fund.
This additional fee of $5 shall not
be | ||||||
19 | considered a part of the fine for purposes of any reduction in | ||||||
20 | the fine for
time served either before or after sentencing. Not | ||||||
21 | later than March 1 of each
year the Circuit Clerk shall submit | ||||||
22 | a report of the amount of funds remitted to
the State Treasurer | ||||||
23 | under this subsection during the preceding calendar
year.
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24 | (c) In addition to any other fines and court costs assessed | ||||||
25 | by the courts,
any person convicted for a violation of Sections | ||||||
26 | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or the |
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| |||||||
1 | Criminal Code of 2012 or a person sentenced for a violation of | ||||||
2 | the Cannabis
Control Act, the Illinois Controlled Substances | ||||||
3 | Act, or the Methamphetamine Control and Community Protection | ||||||
4 | Act
shall pay an additional fee of $100 to the clerk
of the | ||||||
5 | circuit court. This amount, less
2 1/2% that shall be used to | ||||||
6 | defray administrative costs incurred by the clerk,
shall be | ||||||
7 | remitted by the clerk to the Treasurer within 60 days after | ||||||
8 | receipt
for deposit into the Trauma Center Fund. This | ||||||
9 | additional fee of $100 shall not
be considered a part of the | ||||||
10 | fine for purposes of any reduction in the fine for
time served | ||||||
11 | either before or after sentencing. Not later than March 1 of | ||||||
12 | each
year the Circuit Clerk shall submit a report of the amount | ||||||
13 | of funds remitted to
the State Treasurer under this subsection | ||||||
14 | during the preceding calendar year.
| ||||||
15 | (c-1) In addition to any other fines and court costs | ||||||
16 | assessed by the
courts, any person sentenced for a violation of | ||||||
17 | the Cannabis Control Act,
the Illinois Controlled Substances | ||||||
18 | Act, or the Methamphetamine Control and Community Protection | ||||||
19 | Act shall pay an additional fee of $5 to the
clerk of the | ||||||
20 | circuit court. This amount, less 2 1/2% that shall be used to
| ||||||
21 | defray administrative costs incurred by the clerk, shall be | ||||||
22 | remitted by the
clerk to the Treasurer within 60 days after | ||||||
23 | receipt for deposit into the Spinal
Cord Injury Paralysis Cure | ||||||
24 | Research Trust Fund. This additional fee of $5
shall not be | ||||||
25 | considered a part of the fine for purposes of any reduction in | ||||||
26 | the
fine for time served either before or after sentencing. Not |
| |||||||
| |||||||
1 | later than March 1
of each year the Circuit Clerk shall submit | ||||||
2 | a report of the amount of funds
remitted to the State Treasurer | ||||||
3 | under this subsection during the preceding
calendar year.
| ||||||
4 | (d) The following amounts must be remitted to the State | ||||||
5 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| ||||||
6 | (1) 50% of the amounts collected for felony offenses | ||||||
7 | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||||||
8 | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||||||
9 | Animals Act and Section 26-5 or 48-1 of the Criminal Code | ||||||
10 | of
1961 or the Criminal Code of 2012;
| ||||||
11 | (2) 20% of the amounts collected for Class A and Class | ||||||
12 | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||||||
13 | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||||||
14 | for Animals Act and Section 26-5 or 48-1 of the Criminal
| ||||||
15 | Code of 1961 or the Criminal Code of 2012; and
| ||||||
16 | (3) 50% of the amounts collected for Class C | ||||||
17 | misdemeanors under Sections
4.01 and 7.1 of the Humane Care | ||||||
18 | for Animals Act and Section 26-5 or 48-1 of the
Criminal | ||||||
19 | Code of 1961 or the Criminal Code of 2012.
| ||||||
20 | (e) Any person who receives a disposition of court | ||||||
21 | supervision for a violation of the Illinois Vehicle Code or a | ||||||
22 | similar provision of a local ordinance shall, in addition to | ||||||
23 | any other fines, fees, and court costs, pay an additional fee | ||||||
24 | of $29, to be disbursed as provided in Section 16-104c of the | ||||||
25 | Illinois Vehicle Code. In addition to the fee of $29, the | ||||||
26 | person shall also pay a fee of $6, if not waived by the court. |
| |||||||
| |||||||
1 | If this $6 fee is collected, $5.50 of the fee shall be | ||||||
2 | deposited into the Circuit Court Clerk Operation and | ||||||
3 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
4 | and 50 cents of the fee shall be deposited into the Prisoner | ||||||
5 | Review Board Vehicle and Equipment Fund in the State treasury.
| ||||||
6 | (f) This Section does not apply to the additional child | ||||||
7 | pornography fines assessed and collected under Section | ||||||
8 | 5-9-1.14 of the Unified Code of Corrections.
| ||||||
9 | (g) (Blank). | ||||||
10 | (h) (Blank). | ||||||
11 | (i)
Of the amounts collected as fines under subsection (b) | ||||||
12 | of Section 3-712 of the Illinois Vehicle Code, 99% shall be | ||||||
13 | deposited into the Illinois Military Family Relief Fund and 1% | ||||||
14 | shall be deposited into the Circuit Court Clerk Operation and | ||||||
15 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
16 | to be used to offset the costs incurred by the Circuit Court | ||||||
17 | Clerk in performing the additional duties required to collect | ||||||
18 | and disburse funds to entities of State and local government as | ||||||
19 | provided by law.
| ||||||
20 | (j) Any person convicted of, pleading guilty to, or placed | ||||||
21 | on supervision for a serious traffic violation, as defined in | ||||||
22 | Section 1-187.001 of the Illinois Vehicle Code, a violation of | ||||||
23 | Section 11-501 of the Illinois Vehicle Code, or a violation of | ||||||
24 | a similar provision of a local ordinance shall pay an | ||||||
25 | additional fee of $35, to be disbursed as provided in Section | ||||||
26 | 16-104d of that Code. |
| |||||||
| |||||||
1 | This subsection (j) becomes inoperative on January 1, 2020. | ||||||
2 | (k) For any conviction or disposition of court supervision | ||||||
3 | for a violation of Section 11-1429 of the Illinois Vehicle | ||||||
4 | Code, the circuit clerk shall distribute the fines paid by the | ||||||
5 | person as specified by subsection (h) of Section 11-1429 of the | ||||||
6 | Illinois Vehicle Code. | ||||||
7 | (l) Any person who receives a disposition of court | ||||||
8 | supervision for a violation of Section 11-501 of the Illinois | ||||||
9 | Vehicle Code or a similar provision of a local ordinance shall, | ||||||
10 | in addition to any other fines, fees, and court costs, pay an | ||||||
11 | additional fee of $50, which shall
be collected by the circuit | ||||||
12 | clerk and then remitted to the State Treasurer for deposit as | ||||||
13 | follows: | ||||||
14 | (1) $5 into the Roadside Memorial Fund, a special fund | ||||||
15 | in the State treasury. However, the court may waive the fee | ||||||
16 | if full restitution is complied with. Subject to | ||||||
17 | appropriation, all moneys in the Roadside Memorial Fund | ||||||
18 | shall be used by the Department of Transportation to pay | ||||||
19 | fees imposed under subsection (f) of Section 20 of the | ||||||
20 | Roadside Memorial Act. The fee shall be remitted by the | ||||||
21 | circuit clerk within one month after receipt to the State | ||||||
22 | Treasurer for deposit into the Roadside Memorial Fund. | ||||||
23 | (2) $45 into the DUI Prevention and Education Fund. | ||||||
24 | The court may waive the fee if full restitution is complied | ||||||
25 | with. | ||||||
26 | (m) Of the amounts collected as fines under subsection (c) |
| |||||||
| |||||||
1 | of Section 411.4 of the Illinois Controlled Substances Act or | ||||||
2 | subsection (c) of Section 90 of the Methamphetamine Control and | ||||||
3 | Community Protection Act, 99% shall be deposited to the law | ||||||
4 | enforcement agency or fund specified and 1% shall be deposited | ||||||
5 | into the Circuit Court Clerk Operation and Administrative Fund | ||||||
6 | to be used to offset the costs incurred by the Circuit Court | ||||||
7 | Clerk in performing the additional duties required to collect | ||||||
8 | and disburse funds to entities of State and local government as | ||||||
9 | provided by law. | ||||||
10 | (n) In addition to any other fines and court costs assessed | ||||||
11 | by the courts, any person who is convicted of or pleads guilty | ||||||
12 | to a violation of the Criminal Code of 1961 or the Criminal | ||||||
13 | Code of 2012, or a similar provision of a local ordinance, or | ||||||
14 | who is convicted of, pleads guilty to, or receives a | ||||||
15 | disposition of court supervision for a violation of the | ||||||
16 | Illinois Vehicle Code, or a similar provision of a local | ||||||
17 | ordinance, shall pay an additional fee of $15 to the clerk of | ||||||
18 | the circuit court. This additional fee of $15 shall not be | ||||||
19 | considered a part of the fine for purposes of any reduction in | ||||||
20 | the fine for time served either before or after sentencing. | ||||||
21 | This amount, less 2.5% that shall be used to defray | ||||||
22 | administrative costs incurred by the clerk, shall be remitted | ||||||
23 | by the clerk to the State Treasurer within 60 days after | ||||||
24 | receipt for deposit into the State Police Merit Board Public | ||||||
25 | Safety Fund. | ||||||
26 | (o) The amounts collected as fines under Sections 10-9, |
| |||||||
| |||||||
1 | 11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall | ||||||
2 | be collected by the circuit clerk and distributed as provided | ||||||
3 | under Section 5-9-1.21 of the Unified Code of Corrections in | ||||||
4 | lieu of any disbursement under subsection (a) of this Section. | ||||||
5 | (p) In addition to any other fees and penalties imposed, | ||||||
6 | any person who is convicted of or pleads guilty to a violation | ||||||
7 | of Section 20-1 or Section 20-1.1 of the Criminal Code of 2012 | ||||||
8 | shall pay an additional fee of $250 to the clerk of the circuit | ||||||
9 | court. This additional fee of $250 shall not be considered a | ||||||
10 | part of the fine for purposes of any reduction in the fine for | ||||||
11 | time served either before or after sentencing. This amount, | ||||||
12 | less 2.5% that shall be used to defray administrative costs | ||||||
13 | incurred by the clerk, shall be remitted by the clerk to the | ||||||
14 | Department of Insurance within 60 days after receipt for | ||||||
15 | deposit into the George Bailey Memorial Fund. | ||||||
16 | (Source: P.A. 98-658, eff. 6-23-14; 98-1013, eff. 1-1-15; | ||||||
17 | 99-78, eff. 7-20-15; 99-455, eff. 1-1-16 .)
| ||||||
18 | (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667, | ||||||
19 | 96-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150, | ||||||
20 | 98-658, 98-1013, 99-78, and 99-455) | ||||||
21 | Sec. 27.6. (a) All fees, fines, costs, additional | ||||||
22 | penalties, bail balances
assessed or forfeited, and any other | ||||||
23 | amount paid by a person to the circuit
clerk equalling an | ||||||
24 | amount of $55 or more, except the fine imposed by Section | ||||||
25 | 5-9-1.15
of the Unified Code of Corrections, the additional fee |
| |||||||
| |||||||
1 | required
by subsections (b) and (c), restitution under Section | ||||||
2 | 5-5-6 of the
Unified Code of Corrections, contributions to a | ||||||
3 | local anti-crime program ordered pursuant to Section | ||||||
4 | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | ||||||
5 | Corrections, reimbursement for the costs of an emergency
| ||||||
6 | response as provided under Section 11-501 of the Illinois | ||||||
7 | Vehicle Code,
any fees collected for attending a traffic safety | ||||||
8 | program under paragraph (c)
of Supreme Court Rule 529, any fee | ||||||
9 | collected on behalf of a State's Attorney
under Section 4-2002 | ||||||
10 | of the Counties Code or a sheriff under Section 4-5001
of the | ||||||
11 | Counties Code, or any cost imposed under Section 124A-5 of the | ||||||
12 | Code of
Criminal Procedure of 1963, for convictions, orders of | ||||||
13 | supervision, or any
other disposition for a violation of | ||||||
14 | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | ||||||
15 | similar provision of a local ordinance, and any
violation of | ||||||
16 | the Child Passenger Protection Act, or a similar provision of a
| ||||||
17 | local ordinance, and except as otherwise provided in this | ||||||
18 | Section
shall be disbursed
within 60 days after receipt by the | ||||||
19 | circuit
clerk as follows: 44.5% shall be disbursed to the | ||||||
20 | entity authorized by law to
receive the fine imposed in the | ||||||
21 | case; 16.825% shall be disbursed to the State
Treasurer; and | ||||||
22 | 38.675% shall be disbursed to the county's general corporate
| ||||||
23 | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | ||||||
24 | shall be deposited
by the State Treasurer into the Violent | ||||||
25 | Crime Victims Assistance Fund, 5.052/17
shall be deposited into | ||||||
26 | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall |
| |||||||
| |||||||
1 | be deposited into the Drivers Education Fund, and 6.948/17 | ||||||
2 | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 | ||||||
3 | deposited into the
Trauma Center Fund from the 16.825% | ||||||
4 | disbursed to the State Treasurer, 50% shall
be disbursed to the | ||||||
5 | Department of Public Health and 50% shall be disbursed to
the | ||||||
6 | Department of Healthcare and Family Services. For fiscal year | ||||||
7 | 1993, amounts deposited into
the Violent Crime Victims | ||||||
8 | Assistance Fund, the Traffic and Criminal
Conviction Surcharge | ||||||
9 | Fund, or the Drivers Education Fund shall not exceed 110%
of | ||||||
10 | the amounts deposited into those funds in fiscal year 1991. Any
| ||||||
11 | amount that exceeds the 110% limit shall be distributed as | ||||||
12 | follows: 50%
shall be disbursed to the county's general | ||||||
13 | corporate fund and 50% shall be
disbursed to the entity | ||||||
14 | authorized by law to receive the fine imposed in
the case. Not | ||||||
15 | later than March 1 of each year the circuit clerk
shall submit | ||||||
16 | a report of the amount of funds remitted to the State
Treasurer | ||||||
17 | under this Section during the preceding year based upon
| ||||||
18 | independent verification of fines and fees. All counties shall | ||||||
19 | be subject
to this Section, except that counties with a | ||||||
20 | population under 2,000,000
may, by ordinance, elect not to be | ||||||
21 | subject to this Section. For offenses
subject to this Section, | ||||||
22 | judges shall impose one total sum of money payable
for | ||||||
23 | violations. The circuit clerk may add on no additional amounts | ||||||
24 | except
for amounts that are required by Sections 27.3a and | ||||||
25 | 27.3c of
this Act, Section 16-104c of the Illinois Vehicle | ||||||
26 | Code, and subsection (a) of Section 5-1101 of the Counties |
| |||||||
| |||||||
1 | Code, unless those amounts are specifically waived by the | ||||||
2 | judge. With
respect to money collected by the circuit clerk as | ||||||
3 | a result of
forfeiture of bail, ex parte judgment or guilty | ||||||
4 | plea pursuant to Supreme
Court Rule 529, the circuit clerk | ||||||
5 | shall first deduct and pay amounts
required by Sections 27.3a | ||||||
6 | and 27.3c of this Act. Unless a court ordered payment schedule | ||||||
7 | is implemented or fee requirements are waived pursuant to court | ||||||
8 | order, the clerk of the court may add to any unpaid fees and | ||||||
9 | costs a delinquency amount equal to 5% of the unpaid fees that | ||||||
10 | remain unpaid after 30 days, 10% of the unpaid fees that remain | ||||||
11 | unpaid after 60 days, and 15% of the unpaid fees that remain | ||||||
12 | unpaid after 90 days. Notice to those parties may be made by | ||||||
13 | signage posting or publication. The additional delinquency | ||||||
14 | amounts collected under this Section shall be deposited in the | ||||||
15 | Circuit Court Clerk Operation and Administrative Fund to be | ||||||
16 | used to defray administrative costs incurred by the circuit | ||||||
17 | clerk in performing the duties required to collect and disburse | ||||||
18 | funds. This Section is a denial
and limitation of home rule | ||||||
19 | powers and functions under subsection (h) of
Section 6 of | ||||||
20 | Article VII of the Illinois Constitution.
| ||||||
21 | (b) In addition to any other fines and court costs assessed | ||||||
22 | by the courts,
any person convicted or receiving an order of | ||||||
23 | supervision for driving under
the influence of alcohol or drugs | ||||||
24 | shall pay an additional fee of $100 to the
clerk of the circuit | ||||||
25 | court. This amount, less 2 1/2% that shall be used to
defray | ||||||
26 | administrative costs incurred by the clerk, shall be remitted |
| |||||||
| |||||||
1 | by the
clerk to the Treasurer within 60 days after receipt for | ||||||
2 | deposit into the Trauma
Center Fund. This additional fee of | ||||||
3 | $100 shall not be considered a part of the
fine for purposes of | ||||||
4 | any reduction in the fine for time served either before or
| ||||||
5 | after sentencing. Not later than March 1 of each year the | ||||||
6 | Circuit Clerk shall
submit a report of the amount of funds | ||||||
7 | remitted to the State Treasurer under
this subsection during | ||||||
8 | the preceding calendar year.
| ||||||
9 | (b-1) In addition to any other fines and court costs | ||||||
10 | assessed by the courts,
any person convicted or receiving an | ||||||
11 | order of supervision for driving under the
influence of alcohol | ||||||
12 | or drugs shall pay an additional fee of $5 to the clerk
of the | ||||||
13 | circuit court. This amount, less
2 1/2% that shall be used to | ||||||
14 | defray administrative costs incurred by the clerk,
shall be | ||||||
15 | remitted by the clerk to the Treasurer within 60 days after | ||||||
16 | receipt
for deposit into the Spinal Cord Injury Paralysis Cure | ||||||
17 | Research Trust Fund.
This additional fee of $5 shall not
be | ||||||
18 | considered a part of the fine for purposes of any reduction in | ||||||
19 | the fine for
time served either before or after sentencing. Not | ||||||
20 | later than March 1 of each
year the Circuit Clerk shall submit | ||||||
21 | a report of the amount of funds remitted to
the State Treasurer | ||||||
22 | under this subsection during the preceding calendar
year.
| ||||||
23 | (c) In addition to any other fines and court costs assessed | ||||||
24 | by the courts,
any person convicted for a violation of Sections | ||||||
25 | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or the | ||||||
26 | Criminal Code of 2012 or a person sentenced for a violation of |
| |||||||
| |||||||
1 | the Cannabis
Control Act, the Illinois Controlled Substances | ||||||
2 | Act, or the Methamphetamine Control and Community Protection | ||||||
3 | Act
shall pay an additional fee of $100 to the clerk
of the | ||||||
4 | circuit court. This amount, less
2 1/2% that shall be used to | ||||||
5 | defray administrative costs incurred by the clerk,
shall be | ||||||
6 | remitted by the clerk to the Treasurer within 60 days after | ||||||
7 | receipt
for deposit into the Trauma Center Fund. This | ||||||
8 | additional fee of $100 shall not
be considered a part of the | ||||||
9 | fine for purposes of any reduction in the fine for
time served | ||||||
10 | either before or after sentencing. Not later than March 1 of | ||||||
11 | each
year the Circuit Clerk shall submit a report of the amount | ||||||
12 | of funds remitted to
the State Treasurer under this subsection | ||||||
13 | during the preceding calendar year.
| ||||||
14 | (c-1) In addition to any other fines and court costs | ||||||
15 | assessed by the
courts, any person sentenced for a violation of | ||||||
16 | the Cannabis Control Act,
the Illinois Controlled Substances | ||||||
17 | Act, or the Methamphetamine Control and Community Protection | ||||||
18 | Act shall pay an additional fee of $5 to the
clerk of the | ||||||
19 | circuit court. This amount, less 2 1/2% that shall be used to
| ||||||
20 | defray administrative costs incurred by the clerk, shall be | ||||||
21 | remitted by the
clerk to the Treasurer within 60 days after | ||||||
22 | receipt for deposit into the Spinal
Cord Injury Paralysis Cure | ||||||
23 | Research Trust Fund. This additional fee of $5
shall not be | ||||||
24 | considered a part of the fine for purposes of any reduction in | ||||||
25 | the
fine for time served either before or after sentencing. Not | ||||||
26 | later than March 1
of each year the Circuit Clerk shall submit |
| |||||||
| |||||||
1 | a report of the amount of funds
remitted to the State Treasurer | ||||||
2 | under this subsection during the preceding
calendar year.
| ||||||
3 | (d) The following amounts must be remitted to the State | ||||||
4 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| ||||||
5 | (1) 50% of the amounts collected for felony offenses | ||||||
6 | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||||||
7 | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||||||
8 | Animals Act and Section 26-5 or 48-1 of the Criminal Code | ||||||
9 | of
1961 or the Criminal Code of 2012;
| ||||||
10 | (2) 20% of the amounts collected for Class A and Class | ||||||
11 | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||||||
12 | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||||||
13 | for Animals Act and Section 26-5 or 48-1 of the Criminal
| ||||||
14 | Code of 1961 or the Criminal Code of 2012; and
| ||||||
15 | (3) 50% of the amounts collected for Class C | ||||||
16 | misdemeanors under Sections
4.01 and 7.1 of the Humane Care | ||||||
17 | for Animals Act and Section 26-5 or 48-1 of the
Criminal | ||||||
18 | Code of 1961 or the Criminal Code of 2012.
| ||||||
19 | (e) Any person who receives a disposition of court | ||||||
20 | supervision for a violation of the Illinois Vehicle Code or a | ||||||
21 | similar provision of a local ordinance shall, in addition to | ||||||
22 | any other fines, fees, and court costs, pay an additional fee | ||||||
23 | of $29, to be disbursed as provided in Section 16-104c of the | ||||||
24 | Illinois Vehicle Code. In addition to the fee of $29, the | ||||||
25 | person shall also pay a fee of $6, if not waived by the court. | ||||||
26 | If this $6 fee is collected, $5.50 of the fee shall be |
| |||||||
| |||||||
1 | deposited into the Circuit Court Clerk Operation and | ||||||
2 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
3 | and 50 cents of the fee shall be deposited into the Prisoner | ||||||
4 | Review Board Vehicle and Equipment Fund in the State treasury.
| ||||||
5 | (f) This Section does not apply to the additional child | ||||||
6 | pornography fines assessed and collected under Section | ||||||
7 | 5-9-1.14 of the Unified Code of Corrections.
| ||||||
8 | (g) Any person convicted of or pleading guilty to a serious | ||||||
9 | traffic violation, as defined in Section 1-187.001 of the | ||||||
10 | Illinois Vehicle Code, shall pay an additional fee of $35, to | ||||||
11 | be disbursed as provided in Section 16-104d of that Code. This | ||||||
12 | subsection (g) becomes inoperative on January 1, 2020. | ||||||
13 | (h) In all counties having a population of 3,000,000 or | ||||||
14 | more inhabitants, | ||||||
15 | (1) A person who is found guilty of or pleads guilty to | ||||||
16 | violating subsection (a) of Section 11-501 of the Illinois | ||||||
17 | Vehicle Code, including any person placed on court | ||||||
18 | supervision for violating subsection (a), shall be fined | ||||||
19 | $750 as provided for by subsection (f) of Section 11-501.01 | ||||||
20 | of the Illinois Vehicle Code, payable to the circuit clerk, | ||||||
21 | who shall distribute the money pursuant to subsection (f) | ||||||
22 | of Section 11-501.01 of the Illinois Vehicle Code. | ||||||
23 | (2) When a crime laboratory DUI analysis fee of $150, | ||||||
24 | provided for by Section 5-9-1.9 of the Unified Code of | ||||||
25 | Corrections is assessed, it shall be disbursed by the | ||||||
26 | circuit clerk as provided by subsection (f) of Section |
| |||||||
| |||||||
1 | 5-9-1.9 of the Unified Code of Corrections. | ||||||
2 | (3) When a fine for a violation of Section 11-605.1 of | ||||||
3 | the Illinois Vehicle Code is $250 or greater, the person | ||||||
4 | who violated that Section shall be charged an additional | ||||||
5 | $125 as provided for by subsection (e) of Section 11-605.1 | ||||||
6 | of the Illinois Vehicle Code, which shall be disbursed by | ||||||
7 | the circuit clerk to a State or county Transportation | ||||||
8 | Safety Highway Hire-back Fund as provided by subsection (e) | ||||||
9 | of Section 11-605.1 of the Illinois Vehicle Code. | ||||||
10 | (4) When a fine for a violation of subsection (a) of | ||||||
11 | Section 11-605 of the Illinois Vehicle Code is $150 or | ||||||
12 | greater, the additional $50 which is charged as provided | ||||||
13 | for by subsection (f) of Section 11-605 of the Illinois | ||||||
14 | Vehicle Code shall be disbursed by the circuit clerk to a | ||||||
15 | school district or districts for school safety purposes as | ||||||
16 | provided by subsection (f) of Section 11-605. | ||||||
17 | (5) When a fine for a violation of subsection (a) of | ||||||
18 | Section 11-1002.5 of the Illinois Vehicle Code is $150 or | ||||||
19 | greater, the additional $50 which is charged as provided | ||||||
20 | for by subsection (c) of Section 11-1002.5 of the Illinois | ||||||
21 | Vehicle Code shall be disbursed by the circuit clerk to a | ||||||
22 | school district or districts for school safety purposes as | ||||||
23 | provided by subsection (c) of Section 11-1002.5 of the | ||||||
24 | Illinois Vehicle Code. | ||||||
25 | (6) When a mandatory drug court fee of up to $5 is | ||||||
26 | assessed as provided in subsection (f) of Section 5-1101 of |
| |||||||
| |||||||
1 | the Counties Code, it shall be disbursed by the circuit | ||||||
2 | clerk as provided in subsection (f) of Section 5-1101 of | ||||||
3 | the Counties Code. | ||||||
4 | (7) When a mandatory teen court, peer jury, youth | ||||||
5 | court, or other youth diversion program fee is assessed as | ||||||
6 | provided in subsection (e) of Section 5-1101 of the | ||||||
7 | Counties Code, it shall be disbursed by the circuit clerk | ||||||
8 | as provided in subsection (e) of Section 5-1101 of the | ||||||
9 | Counties Code. | ||||||
10 | (8) When a Children's Advocacy Center fee is assessed | ||||||
11 | pursuant to subsection (f-5) of Section 5-1101 of the | ||||||
12 | Counties Code, it shall be disbursed by the circuit clerk | ||||||
13 | as provided in subsection (f-5) of Section 5-1101 of the | ||||||
14 | Counties Code. | ||||||
15 | (9) When a victim impact panel fee is assessed pursuant | ||||||
16 | to subsection (b) of Section 11-501.01 of the Vehicle Code, | ||||||
17 | it shall be disbursed by the circuit clerk to the victim | ||||||
18 | impact panel to be attended by the defendant. | ||||||
19 | (10) When a new fee collected in traffic cases is | ||||||
20 | enacted after the effective date of this subsection (h), it | ||||||
21 | shall be excluded from the percentage disbursement | ||||||
22 | provisions of this Section unless otherwise indicated by | ||||||
23 | law. | ||||||
24 | (i)
Of the amounts collected as fines under subsection (b) | ||||||
25 | of Section 3-712 of the Illinois Vehicle Code, 99% shall be | ||||||
26 | deposited into the Illinois Military Family Relief Fund and 1% |
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1 | shall be deposited into the Circuit Court Clerk Operation and | ||||||
2 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
3 | to be used to offset the costs incurred by the Circuit Court | ||||||
4 | Clerk in performing the additional duties required to collect | ||||||
5 | and disburse funds to entities of State and local government as | ||||||
6 | provided by law.
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7 | (j) (Blank). | ||||||
8 | (k) For any conviction or disposition of court supervision | ||||||
9 | for a violation of Section 11-1429 of the Illinois Vehicle | ||||||
10 | Code, the circuit clerk shall distribute the fines paid by the | ||||||
11 | person as specified by subsection (h) of Section 11-1429 of the | ||||||
12 | Illinois Vehicle Code. | ||||||
13 | (l) Any person who receives a disposition of court | ||||||
14 | supervision for a violation of Section 11-501 of the Illinois | ||||||
15 | Vehicle Code or a similar provision of a local ordinance shall, | ||||||
16 | in addition to any other fines, fees, and court costs, pay an | ||||||
17 | additional fee of $50, which shall
be collected by the circuit | ||||||
18 | clerk and then remitted to the State Treasurer for deposit as | ||||||
19 | follows: | ||||||
20 | (1) $5 into the Roadside Memorial Fund, a special fund | ||||||
21 | in the State treasury. However, the court may waive the fee | ||||||
22 | if full restitution is complied with. Subject to | ||||||
23 | appropriation, all moneys in the Roadside Memorial Fund | ||||||
24 | shall be used by the Department of Transportation to pay | ||||||
25 | fees imposed under subsection (f) of Section 20 of the | ||||||
26 | Roadside Memorial Act. The fee shall be remitted by the |
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1 | circuit clerk within one month after receipt to the State | ||||||
2 | Treasurer for deposit into the Roadside Memorial Fund. | ||||||
3 | (2) $45 into the DUI Prevention and Education Fund. | ||||||
4 | The court may waive the fee if full restitution is complied | ||||||
5 | with. | ||||||
6 | (m) Of the amounts collected as fines under subsection (c) | ||||||
7 | of Section 411.4 of the Illinois Controlled Substances Act or | ||||||
8 | subsection (c) of Section 90 of the Methamphetamine Control and | ||||||
9 | Community Protection Act, 99% shall be deposited to the law | ||||||
10 | enforcement agency or fund specified and 1% shall be deposited | ||||||
11 | into the Circuit Court Clerk Operation and Administrative Fund | ||||||
12 | to be used to offset the costs incurred by the Circuit Court | ||||||
13 | Clerk in performing the additional duties required to collect | ||||||
14 | and disburse funds to entities of State and local government as | ||||||
15 | provided by law. | ||||||
16 | (n) In addition to any other fines and court costs assessed | ||||||
17 | by the courts, any person who is convicted of or pleads guilty | ||||||
18 | to a violation of the Criminal Code of 1961 or the Criminal | ||||||
19 | Code of 2012, or a similar provision of a local ordinance, or | ||||||
20 | who is convicted of, pleads guilty to, or receives a | ||||||
21 | disposition of court supervision for a violation of the | ||||||
22 | Illinois Vehicle Code, or a similar provision of a local | ||||||
23 | ordinance, shall pay an additional fee of $15 to the clerk of | ||||||
24 | the circuit court. This additional fee of $15 shall not be | ||||||
25 | considered a part of the fine for purposes of any reduction in | ||||||
26 | the fine for time served either before or after sentencing. |
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1 | This amount, less 2.5% that shall be used to defray | ||||||
2 | administrative costs incurred by the clerk, shall be remitted | ||||||
3 | by the clerk to the State Treasurer within 60 days after | ||||||
4 | receipt for deposit into the State Police Merit Board Public | ||||||
5 | Safety Fund. | ||||||
6 | (o) The amounts collected as fines under Sections 10-9, | ||||||
7 | 11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall | ||||||
8 | be collected by the circuit clerk and distributed as provided | ||||||
9 | under Section 5-9-1.21 of the Unified Code of Corrections in | ||||||
10 | lieu of any disbursement under subsection (a) of this Section. | ||||||
11 | (p) In addition to any other fees and penalties imposed, | ||||||
12 | any person who is convicted of or pleads guilty to a violation | ||||||
13 | of Section 20-1 or Section 20-1.1 of the Criminal Code of 2012 | ||||||
14 | shall pay an additional fee of $250 to the clerk of the circuit | ||||||
15 | court. This additional fee of $250 shall not be considered a | ||||||
16 | part of the fine for purposes of any reduction in the fine for | ||||||
17 | time served either before or after sentencing. This amount, | ||||||
18 | less 2.5% that shall be used to defray administrative costs | ||||||
19 | incurred by the clerk, shall be remitted by the clerk to the | ||||||
20 | Department of Insurance within 60 days after receipt for | ||||||
21 | deposit into the George Bailey Memorial Fund. | ||||||
22 | (Source: P.A. 98-658, eff. 6-23-14; 98-1013, eff. 1-1-15; | ||||||
23 | 99-78, eff. 7-20-15; 99-455, eff. 1-1-16.)
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24 | Section 35. The Unified Code of Corrections is amended by | ||||||
25 | changing Section 5-9-1.18 as follows:
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| |||||||
1 | (730 ILCS 5/5-9-1.18)
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2 | Sec. 5-9-1.18. Fee; Roadside Memorial Fund and DUI | ||||||
3 | Prevention and Education Fund . A person who is convicted or | ||||||
4 | receives a disposition of court supervision for a violation of
| ||||||
5 | Section 11-501 of the Illinois Vehicle Code shall, in addition | ||||||
6 | to any other
disposition, penalty, or fine imposed, pay a fee | ||||||
7 | of
$50 which shall
be collected by the clerk of the court and | ||||||
8 | then remitted to the State Treasurer for deposit as follows: | ||||||
9 | (1) $5 into the Roadside Memorial Fund, a special fund | ||||||
10 | that is created in the State treasury. However, the court | ||||||
11 | may waive the fee if full restitution is complied with. | ||||||
12 | Subject to appropriation, all moneys in the Roadside | ||||||
13 | Memorial Fund shall be used by the Department of | ||||||
14 | Transportation to pay fees imposed under subsection (f) of | ||||||
15 | Section 20 of the Roadside Memorial Act. | ||||||
16 | (2) $45 into the DUI Prevention and Education Fund. | ||||||
17 | The court may waive the fee if full restitution is complied | ||||||
18 | with.
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19 | (Source: P.A. 96-667, eff. 8-25-09; 96-1000, eff. 7-2-10.)
| ||||||
20 | Section 95. No acceleration or delay. Where this Act makes | ||||||
21 | changes in a statute that is represented in this Act by text | ||||||
22 | that is not yet or no longer in effect (for example, a Section | ||||||
23 | represented by multiple versions), the use of that text does | ||||||
24 | not accelerate or delay the taking effect of (i) the changes |
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| |||||||
1 | made by this Act or (ii) provisions derived from any other | ||||||
2 | Public Act.".
|