Bill Text: IL HB3950 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Clerks of Courts Act. Adds an additional exception to the requirement that fees, fines, costs, and additional penalties paid by a person to the circuit clerk have to be disbursed to other governmental entities within 60 days after receipt: contributions to a local anti-crime program ordered pursuant to the Unified Code of Corrections. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2009-08-18 - Public Act . . . . . . . . . 96-0578 [HB3950 Detail]

Download: Illinois-2009-HB3950-Enrolled.html

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AN ACT concerning courts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. 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 fine imposed by Section
5-9-1.15 of the Unified Code of Corrections, the additional fee
required by subsections (b) and (c), restitution under Section
5-5-6 of the Unified Code of Corrections, contributions to a
local anti-crime program ordered pursuant to Section
5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
Corrections, reimbursement for the costs of an emergency
response as provided under Section 11-501 of the Illinois
Vehicle Code, any fees collected for attending a traffic safety
program under paragraph (c) of Supreme Court Rule 529, any fee
collected on behalf of a State's Attorney under Section 4-2002
of the Counties Code or a sheriff under Section 4-5001 of the
Counties Code, or any cost imposed under Section 124A-5 of the
Code of Criminal Procedure of 1963, for convictions, orders of

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supervision, or any other disposition for a violation of
Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
similar provision of a local ordinance, and any violation of
the Child Passenger Protection Act, or a similar provision of a
local ordinance, and except as provided in subsections (d) and
(g) shall be disbursed within 60 days after receipt by the
circuit clerk as follows: 44.5% shall be disbursed to the
entity authorized by law to receive the fine imposed in the
case; 16.825% shall be disbursed to the State Treasurer; and
38.675% shall be disbursed to the county's general corporate
fund. Of the 16.825% disbursed to the State Treasurer, 2/17
shall be deposited by the State Treasurer into the Violent
Crime Victims Assistance Fund, 5.052/17 shall be deposited into
the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
be deposited into the Drivers Education Fund, and 6.948/17
shall be deposited into the Trauma Center Fund. Of the 6.948/17
deposited into the Trauma Center Fund from the 16.825%
disbursed to the State Treasurer, 50% shall be disbursed to the
Department of Public Health and 50% shall be disbursed to the
Department of Healthcare and Family Services. 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

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corporate fund and 50% shall be disbursed to the entity
authorized by law to receive the fine imposed in the case. Not
later than March 1 of each year the circuit clerk shall submit
a report of the amount of funds remitted to the State Treasurer
under this Section during the preceding year based upon
independent verification of fines and fees. All counties shall
be subject to this Section, except that counties with a
population under 2,000,000 may, by ordinance, elect not to be
subject to this Section. For offenses subject to this Section,
judges shall impose one total sum of money payable for
violations. The circuit clerk may add on no additional amounts
except for amounts that are required by Sections 27.3a and
27.3c of this Act, unless those amounts are specifically waived
by the judge. With respect to money collected by the circuit
clerk as a result of forfeiture of bail, ex parte judgment or
guilty plea pursuant to Supreme Court Rule 529, the circuit
clerk shall first deduct and pay amounts required by Sections
27.3a and 27.3c of this Act. This Section is a denial and
limitation of home rule powers and functions under subsection
(h) of Section 6 of Article VII of the Illinois Constitution.
(b) In addition to any other fines and court costs assessed
by the courts, any person convicted or receiving an order of
supervision for driving under the influence of alcohol or drugs
shall pay an additional fee of $100 to the clerk of the circuit
court. This amount, less 2 1/2% that shall be used to defray
administrative costs incurred by the clerk, shall be remitted

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by the clerk to the Treasurer within 60 days after receipt for
deposit into the Trauma Center Fund. This additional fee of
$100 shall not be considered a part of the fine for purposes of
any reduction in the fine for time served either before or
after sentencing. Not later than March 1 of each year the
Circuit Clerk shall submit a report of the amount of funds
remitted to the State Treasurer under this subsection during
the preceding calendar year.
(b-1) In addition to any other fines and court costs
assessed by the courts, any person convicted or receiving an
order of supervision for driving under the influence of alcohol
or drugs shall pay an additional fee of $5 to the clerk of the
circuit court. This amount, less 2 1/2% that shall be used to
defray administrative costs incurred by the clerk, shall be
remitted by the clerk to the Treasurer within 60 days after
receipt for deposit into the Spinal Cord Injury Paralysis Cure
Research Trust Fund. This additional fee of $5 shall not be
considered a part of the fine for purposes of any reduction in
the fine for time served either before or after sentencing. Not
later than March 1 of each year the Circuit Clerk shall submit
a report of the amount of funds remitted to the State Treasurer
under this subsection during the preceding calendar year.
(c) In addition to any other fines and court costs assessed
by the courts, any person convicted for a violation of Sections
24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or a
person sentenced for a violation of the Cannabis Control Act,

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the Illinois Controlled Substances Act, or the Methamphetamine
Control and Community Protection Act shall pay an additional
fee of $100 to the clerk of the circuit court. This amount,
less 2 1/2% that shall be used to defray administrative costs
incurred by the clerk, shall be remitted by the clerk to the
Treasurer within 60 days after receipt for deposit into the
Trauma Center Fund. This additional fee of $100 shall not be
considered a part of the fine for purposes of any reduction in
the fine for time served either before or after sentencing. Not
later than March 1 of each year the Circuit Clerk shall submit
a report of the amount of funds remitted to the State Treasurer
under this subsection during the preceding calendar year.
(c-1) In addition to any other fines and court costs
assessed by the courts, any person sentenced for a violation of
the Cannabis Control Act, the Illinois Controlled Substances
Act, or the Methamphetamine Control and Community Protection
Act shall pay an additional fee of $5 to the clerk of the
circuit court. This amount, less 2 1/2% that shall be used to
defray administrative costs incurred by the clerk, shall be
remitted by the clerk to the Treasurer within 60 days after
receipt for deposit into the Spinal Cord Injury Paralysis Cure
Research Trust Fund. This additional fee of $5 shall not be
considered a part of the fine for purposes of any reduction in
the fine for time served either before or after sentencing. Not
later than March 1 of each year the Circuit Clerk shall submit
a report of the amount of funds remitted to the State Treasurer

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under this subsection during the preceding calendar year.
(d) The following amounts must be remitted to the State
Treasurer for deposit into the Illinois Animal Abuse Fund:
(1) 50% of the amounts collected for felony offenses
under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
Animals Act and Section 26-5 of the Criminal Code of 1961;
(2) 20% of the amounts collected for Class A and Class
B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
for Animals Act and Section 26-5 of the Criminal Code of
1961; and
(3) 50% of the amounts collected for Class C
misdemeanors under Sections 4.01 and 7.1 of the Humane Care
for Animals Act and Section 26-5 of the Criminal Code of
1961.
(e) Any person who receives a disposition of court
supervision for a violation of the Illinois Vehicle Code or a
similar provision of a local ordinance shall, in addition to
any other fines, fees, and court costs, pay an additional fee
of $20, to be disbursed as provided in Section 16-104c of the
Illinois Vehicle Code. In addition to the fee of $20, the
person shall also pay a fee of $5, if not waived by the court.
If this $5 fee is collected, $4.50 of the fee shall be
deposited into the Circuit Court Clerk Operation and
Administrative Fund created by the Clerk of the Circuit Court

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and 50 cents of the fee shall be deposited into the Prisoner
Review Board Vehicle and Equipment Fund in the State treasury.
(f) This Section does not apply to the additional child
pornography fines assessed and collected under Section
5-9-1.14 of the Unified Code of Corrections.
(g) Of the amounts collected as fines under subsection (b)
of Section 3-712 of the Illinois Vehicle Code, 99% shall be
deposited into the Illinois Military Family Relief Fund and 1%
shall be deposited into the Circuit Court Clerk Operation and
Administrative Fund created by the Clerk of the Circuit Court
to be used to offset the costs incurred by the Circuit Court
Clerk in performing the additional duties required to collect
and disburse funds to entities of State and local government as
provided by law.
(Source: P.A. 94-556, eff. 9-11-05; 94-1009, eff. 1-1-07;
95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428, eff. 8-24-07;
95-600, eff. 6-1-08; 95-876, eff. 8-21-08.)
Section 99. Effective date. This Act takes effect upon
becoming law.