Bill Text: IL SB0581 | 2015-2016 | 99th General Assembly | Engrossed
Bill Title: Amends the Economic Development Area Tax Increment Allocation Act. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2017-01-03 - Rule 19(b) / Re-referred to Rules Committee [SB0581 Detail]
Download: Illinois-2015-SB0581-Engrossed.html
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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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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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17 | (4) one member from the Division of Traffic Safety of | ||||||
18 | the Department of Transportation, appointed by the | ||||||
19 | Secretary of the Department of Transportation; and | ||||||
20 | (5) the Director of the Office of the State's Attorneys | ||||||
21 | Appellate Prosecutor, or his or her designee. | ||||||
22 | (b) The members of the Commission shall be appointed within | ||||||
23 | 60 days after the effective date of this Act. |
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1 | (c) The members of the Commission shall receive no | ||||||
2 | compensation for serving as members of the Commission. | ||||||
3 | (d) The Department of Transportation shall provide | ||||||
4 | administrative support to the Commission.
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5 | Section 10. Meetings. | ||||||
6 | (a) Each member of the Commission shall have voting rights | ||||||
7 | and all actions and recommendations shall be approved by a | ||||||
8 | simple majority vote of the members. A quorum shall consist of | ||||||
9 | 3 members. | ||||||
10 | (b) The initial meeting of the Commission shall take place | ||||||
11 | within 90 days after the effective date of this Act. At the | ||||||
12 | initial meeting, the Commission shall elect one member as a | ||||||
13 | Chairperson by a simple majority vote. The Chairperson shall | ||||||
14 | call any subsequent meetings.
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15 | Section 15. Powers. The Commission shall:
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16 | (1) create rules and guidelines to consider in | ||||||
17 | accepting, reviewing, and determining grant applications;
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18 | (2) as necessary, meet to determine recipients of | ||||||
19 | grants from the DUI Prevention and Education Fund; and
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20 | (3) provide a list of eligible grant recipients to the | ||||||
21 | Department of Transportation.
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22 | Section 20. DUI Prevention and Education Fund; transfer of | ||||||
23 | funds. |
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1 | (a) The DUI Prevention and Education Fund is created as a | ||||||
2 | special fund in the State treasury. Subject to appropriation, | ||||||
3 | all moneys in the DUI Prevention and Education Fund shall be | ||||||
4 | distributed by the Department of Transportation with guidance | ||||||
5 | from the DUI Prevention and Education Commission as grants for | ||||||
6 | crash victim programs and materials, impaired driving | ||||||
7 | prevention programs, law enforcement support, and other | ||||||
8 | DUI-related programs. | ||||||
9 | (b) As soon as practical after the effective date of this | ||||||
10 | Act, the State Comptroller shall direct and the State Treasurer | ||||||
11 | shall transfer $750,000 from the Roadside Memorial Fund to the | ||||||
12 | DUI Prevention and Education Fund.
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13 | Section 25. The State Finance Act is amended by adding | ||||||
14 | Section 5.875 as follows:
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15 | (30 ILCS 105/5.875 new) | ||||||
16 | Sec. 5.875. DUI Prevention and Education Fund.
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17 | Section 30. The Clerks of Courts Act is amended by changing | ||||||
18 | Sections 27.5 and 27.6 as follows:
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19 | (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
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20 | Sec. 27.5. (a) All fees, fines, costs, additional | ||||||
21 | penalties, bail balances
assessed or forfeited, and any other | ||||||
22 | amount paid by a person to the circuit
clerk that equals an |
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1 | amount less than $55, except restitution under Section
5-5-6 of | ||||||
2 | the Unified Code of Corrections, reimbursement for the costs of | ||||||
3 | an
emergency response as provided under Section 11-501 of the | ||||||
4 | Illinois Vehicle
Code, any fees collected for attending a | ||||||
5 | traffic safety program under
paragraph (c) of Supreme Court | ||||||
6 | Rule 529, any fee collected on behalf of a
State's Attorney | ||||||
7 | under Section 4-2002 of the Counties Code or a sheriff under
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8 | Section 4-5001 of the Counties Code, or any cost imposed under | ||||||
9 | Section 124A-5
of the Code of Criminal Procedure of 1963, for | ||||||
10 | convictions, orders of
supervision, or any other disposition | ||||||
11 | for a violation of Chapters 3, 4, 6,
11, and 12 of the Illinois | ||||||
12 | Vehicle Code, or a similar provision of a local
ordinance, and | ||||||
13 | any violation of the Child Passenger Protection Act, or a
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14 | similar provision of a local ordinance, and except as otherwise | ||||||
15 | provided in this Section, shall be disbursed within 60 days | ||||||
16 | after receipt by the circuit
clerk as follows: 47% shall be | ||||||
17 | disbursed to the entity authorized by law to
receive the fine | ||||||
18 | imposed in the case; 12% shall be disbursed to the State
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19 | Treasurer; and 41% shall be disbursed to the county's general | ||||||
20 | corporate fund.
Of the 12% disbursed to the State Treasurer, | ||||||
21 | 1/6 shall be deposited by the
State Treasurer into the Violent | ||||||
22 | Crime Victims Assistance Fund, 1/2 shall be
deposited into the | ||||||
23 | Traffic and Criminal Conviction Surcharge Fund, and 1/3
shall | ||||||
24 | be deposited into the Drivers Education Fund. For fiscal years | ||||||
25 | 1992 and
1993, amounts deposited into the Violent Crime Victims | ||||||
26 | Assistance Fund, the
Traffic and Criminal Conviction Surcharge |
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1 | Fund, or the Drivers Education Fund
shall not exceed 110% of | ||||||
2 | the amounts deposited into those funds in fiscal year
1991. Any | ||||||
3 | amount that exceeds the 110% limit shall be distributed as | ||||||
4 | follows:
50% shall be disbursed to the county's general | ||||||
5 | corporate fund and 50% shall be
disbursed to the entity | ||||||
6 | authorized by law to receive the fine imposed in the
case. Not | ||||||
7 | later than March 1 of each year the circuit clerk
shall submit | ||||||
8 | a report of the amount of funds remitted to the State
Treasurer | ||||||
9 | under this Section during the preceding year based upon
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10 | independent verification of fines and fees. All counties shall | ||||||
11 | be subject
to this Section, except that counties with a | ||||||
12 | population under 2,000,000
may, by ordinance, elect not to be | ||||||
13 | subject to this Section. For offenses
subject to this Section, | ||||||
14 | judges shall impose one total sum of money payable
for | ||||||
15 | violations. The circuit clerk may add on no additional amounts | ||||||
16 | except
for amounts that are required by Sections 27.3a and | ||||||
17 | 27.3c of
this Act, Section 16-104c of the Illinois Vehicle | ||||||
18 | Code, and subsection (a) of Section 5-1101 of the Counties | ||||||
19 | Code, unless those amounts are specifically waived by the | ||||||
20 | judge. With
respect to money collected by the circuit clerk as | ||||||
21 | a result of
forfeiture of bail, ex parte judgment or guilty | ||||||
22 | plea pursuant to Supreme
Court Rule 529, the circuit clerk | ||||||
23 | shall first deduct and pay amounts
required by Sections 27.3a | ||||||
24 | and 27.3c of this Act. Unless a court ordered payment schedule | ||||||
25 | is implemented or fee requirements are waived pursuant to a | ||||||
26 | court order, the circuit clerk may add to any unpaid fees and |
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1 | costs a delinquency amount equal to 5% of the unpaid fees that | ||||||
2 | remain unpaid after 30 days, 10% of the unpaid fees that remain | ||||||
3 | unpaid after 60 days, and 15% of the unpaid fees that remain | ||||||
4 | unpaid after 90 days. Notice to those parties may be made by | ||||||
5 | signage posting or publication. The additional delinquency | ||||||
6 | amounts collected under this Section shall be deposited in the | ||||||
7 | Circuit Court Clerk Operation and Administrative Fund to be | ||||||
8 | used to defray administrative costs incurred by the circuit | ||||||
9 | clerk in performing the duties required to collect and disburse | ||||||
10 | funds. This Section is a denial
and limitation of home rule | ||||||
11 | powers and functions under subsection (h) of
Section 6 of | ||||||
12 | Article VII of the Illinois Constitution.
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13 | (b) The following amounts must be remitted to the State | ||||||
14 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
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15 | (1) 50% of the amounts collected for felony offenses | ||||||
16 | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||||||
17 | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||||||
18 | Animals Act and Section 26-5 or 48-1 of the Criminal Code | ||||||
19 | of
1961 or the Criminal Code of 2012;
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20 | (2) 20% of the amounts collected for Class A and Class | ||||||
21 | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||||||
22 | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||||||
23 | for Animals Act and Section 26-5 or 48-1 of the Criminal
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24 | Code of 1961 or the Criminal Code of 2012; and
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25 | (3) 50% of the amounts collected for Class C | ||||||
26 | misdemeanors under
Sections 4.01 and 7.1 of the Humane Care |
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1 | for Animals Act and Section 26-5
or 48-1 of the Criminal | ||||||
2 | Code of 1961 or the Criminal Code of 2012.
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3 | (c) Any person who receives a disposition of court | ||||||
4 | supervision for a violation of the Illinois Vehicle Code or a | ||||||
5 | similar provision of a local ordinance shall, in addition to | ||||||
6 | any other fines, fees, and court costs, pay an additional fee | ||||||
7 | of $29, to be disbursed as provided in Section 16-104c of the | ||||||
8 | Illinois Vehicle Code. In addition to the fee of $29, the | ||||||
9 | person shall also pay a fee of $6, if not waived by the court. | ||||||
10 | If this $6 fee is collected, $5.50 of the fee shall be | ||||||
11 | deposited into the Circuit Court Clerk Operation and | ||||||
12 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
13 | and 50 cents of the fee shall be deposited into the Prisoner | ||||||
14 | Review Board Vehicle and Equipment Fund in the State treasury. | ||||||
15 | (d) Any person convicted of, pleading guilty to, or placed | ||||||
16 | on supervision for a serious traffic violation, as defined in | ||||||
17 | Section 1-187.001 of the Illinois Vehicle Code, a violation of | ||||||
18 | Section 11-501 of the Illinois Vehicle Code, or a violation of | ||||||
19 | a similar provision of a local ordinance shall pay an | ||||||
20 | additional fee of $35, to be disbursed as provided in Section | ||||||
21 | 16-104d of that Code. | ||||||
22 | This subsection (d) becomes inoperative on January 1, 2020.
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23 | (e) In all counties having a population of 3,000,000 or | ||||||
24 | more inhabitants: | ||||||
25 | (1) A person who is found guilty of or pleads guilty to | ||||||
26 | violating subsection (a) of Section 11-501 of the Illinois |
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1 | Vehicle Code, including any person placed on court | ||||||
2 | supervision for violating subsection (a), shall be fined | ||||||
3 | $750 as provided for by subsection (f) of Section 11-501.01 | ||||||
4 | of the Illinois Vehicle Code, payable to the circuit clerk, | ||||||
5 | who shall distribute the money pursuant to subsection (f) | ||||||
6 | of Section 11-501.01 of the Illinois Vehicle Code. | ||||||
7 | (2) When a crime laboratory DUI analysis fee of $150, | ||||||
8 | provided for by Section 5-9-1.9 of the Unified Code of | ||||||
9 | Corrections is assessed, it shall be disbursed by the | ||||||
10 | circuit clerk as provided by subsection (f) of Section | ||||||
11 | 5-9-1.9 of the Unified Code of Corrections. | ||||||
12 | (3) When a fine for a violation of subsection (a) of | ||||||
13 | Section 11-605 of the Illinois Vehicle Code is $150 or | ||||||
14 | greater, the additional $50 which is charged as provided | ||||||
15 | for by subsection (f) of Section 11-605 of the Illinois | ||||||
16 | Vehicle Code shall be disbursed by the circuit clerk to a | ||||||
17 | school district or districts for school safety purposes as | ||||||
18 | provided by subsection (f) of Section 11-605. | ||||||
19 | (4) When a fine for a violation of subsection (a) of | ||||||
20 | Section 11-1002.5 of the Illinois Vehicle Code is $150 or | ||||||
21 | greater, the additional $50 which is charged as provided | ||||||
22 | for by subsection (c) of Section 11-1002.5 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 (c) of Section 11-1002.5 of the | ||||||
26 | Illinois Vehicle Code. |
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1 | (5) When a mandatory drug court fee of up to $5 is | ||||||
2 | assessed as provided in subsection (f) of Section 5-1101 of | ||||||
3 | the Counties Code, it shall be disbursed by the circuit | ||||||
4 | clerk as provided in subsection (f) of Section 5-1101 of | ||||||
5 | the Counties Code. | ||||||
6 | (6) When a mandatory teen court, peer jury, youth | ||||||
7 | court, or other youth diversion program fee is assessed as | ||||||
8 | provided in subsection (e) of Section 5-1101 of the | ||||||
9 | Counties Code, it shall be disbursed by the circuit clerk | ||||||
10 | as provided in subsection (e) of Section 5-1101 of the | ||||||
11 | Counties Code. | ||||||
12 | (7) When a Children's Advocacy Center fee is assessed | ||||||
13 | pursuant to subsection (f-5) of Section 5-1101 of the | ||||||
14 | Counties Code, it shall be disbursed by the circuit clerk | ||||||
15 | as provided in subsection (f-5) of Section 5-1101 of the | ||||||
16 | Counties Code. | ||||||
17 | (8) When a victim impact panel fee is assessed pursuant | ||||||
18 | to subsection (b) of Section 11-501.01 of the Illinois | ||||||
19 | Vehicle Code, it shall be disbursed by the circuit clerk to | ||||||
20 | the victim impact panel to be
attended by the defendant. | ||||||
21 | (9) When a new fee collected in traffic cases is | ||||||
22 | enacted after January 1, 2010 (the effective date of Public | ||||||
23 | Act 96-735), it shall be excluded from the percentage | ||||||
24 | disbursement provisions of this Section unless otherwise | ||||||
25 | indicated by law. | ||||||
26 | (f) Any person who receives a disposition of court |
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1 | supervision for a violation of Section 11-501 of the Illinois | ||||||
2 | Vehicle Code shall, in addition to any other fines, fees, and | ||||||
3 | court costs, pay an additional fee of $50, which shall
be | ||||||
4 | collected by the circuit clerk and then remitted to the State | ||||||
5 | Treasurer for deposit as follows: | ||||||
6 | (1) $5 into the Roadside Memorial Fund, a special fund | ||||||
7 | in the State treasury. However, the court may waive the fee | ||||||
8 | if full restitution is complied with. Subject to | ||||||
9 | appropriation, all moneys in the Roadside Memorial Fund | ||||||
10 | shall be used by the Department of Transportation to pay | ||||||
11 | fees imposed under subsection (f) of Section 20 of the | ||||||
12 | Roadside Memorial Act. The fee shall be remitted by the | ||||||
13 | circuit clerk within one month after receipt to the State | ||||||
14 | Treasurer for deposit into the Roadside Memorial Fund. | ||||||
15 | (2) $45 into the DUI Prevention and Education Fund. | ||||||
16 | The court may waive the fee if full restitution is complied | ||||||
17 | with. | ||||||
18 | (g) For any conviction or disposition of court supervision | ||||||
19 | for a violation of Section 11-1429 of the Illinois Vehicle | ||||||
20 | Code, the circuit clerk shall distribute the fines paid by the | ||||||
21 | person as specified by subsection (h) of Section 11-1429 of the | ||||||
22 | Illinois Vehicle Code. | ||||||
23 | (Source: P.A. 97-333, eff. 8-12-11; 97-1108, eff. 1-1-13; | ||||||
24 | 97-1150, eff. 1-25-13; 98-658, eff. 6-23-14.)
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25 | (705 ILCS 105/27.6)
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1 | (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625, | ||||||
2 | 96-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150, | ||||||
3 | 98-658, 98-1013, 99-78, and 99-455) | ||||||
4 | Sec. 27.6. (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 equalling an | ||||||
7 | amount of $55 or more, except the fine imposed by Section | ||||||
8 | 5-9-1.15
of the Unified Code of Corrections, the additional fee | ||||||
9 | required
by subsections (b) and (c), restitution under Section | ||||||
10 | 5-5-6 of the
Unified Code of Corrections, contributions to a | ||||||
11 | local anti-crime program ordered pursuant to Section | ||||||
12 | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | ||||||
13 | Corrections, reimbursement for the costs of an emergency
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14 | response as provided under Section 11-501 of the Illinois | ||||||
15 | Vehicle Code,
any fees collected for attending a traffic safety | ||||||
16 | program under paragraph (c)
of Supreme Court Rule 529, any fee | ||||||
17 | collected on behalf of a State's Attorney
under Section 4-2002 | ||||||
18 | of the Counties Code or a sheriff under Section 4-5001
of the | ||||||
19 | Counties Code, or any cost imposed under Section 124A-5 of the | ||||||
20 | Code of
Criminal Procedure of 1963, for convictions, orders of | ||||||
21 | supervision, or any
other disposition for a violation of | ||||||
22 | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | ||||||
23 | similar provision of a local ordinance, and any
violation of | ||||||
24 | the Child Passenger Protection Act, or a similar provision of a
| ||||||
25 | local ordinance, and except as otherwise provided in this | ||||||
26 | Section
shall be disbursed
within 60 days after receipt by the |
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1 | circuit
clerk as follows: 44.5% shall be disbursed to the | ||||||
2 | entity authorized by law to
receive the fine imposed in the | ||||||
3 | case; 16.825% shall be disbursed to the State
Treasurer; and | ||||||
4 | 38.675% shall be disbursed to the county's general corporate
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5 | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | ||||||
6 | shall be deposited
by the State Treasurer into the Violent | ||||||
7 | Crime Victims Assistance Fund, 5.052/17
shall be deposited into | ||||||
8 | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall | ||||||
9 | be deposited into the Drivers Education Fund, and 6.948/17 | ||||||
10 | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 | ||||||
11 | deposited into the
Trauma Center Fund from the 16.825% | ||||||
12 | disbursed to the State Treasurer, 50% shall
be disbursed to the | ||||||
13 | Department of Public Health and 50% shall be disbursed to
the | ||||||
14 | Department of Healthcare and Family Services. For fiscal year | ||||||
15 | 1993, amounts deposited into
the Violent Crime Victims | ||||||
16 | Assistance Fund, the Traffic and Criminal
Conviction Surcharge | ||||||
17 | Fund, or the Drivers Education Fund shall not exceed 110%
of | ||||||
18 | the amounts deposited into those funds in fiscal year 1991. Any
| ||||||
19 | amount that exceeds the 110% limit shall be distributed as | ||||||
20 | follows: 50%
shall be disbursed to the county's general | ||||||
21 | corporate fund and 50% shall be
disbursed to the entity | ||||||
22 | authorized by law to receive the fine imposed in
the case. Not | ||||||
23 | later than March 1 of each year the circuit clerk
shall submit | ||||||
24 | a report of the amount of funds remitted to the State
Treasurer | ||||||
25 | under this Section during the preceding year based upon
| ||||||
26 | independent verification of fines and fees. All counties shall |
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1 | be subject
to this Section, except that counties with a | ||||||
2 | population under 2,000,000
may, by ordinance, elect not to be | ||||||
3 | subject to this Section. For offenses
subject to this Section, | ||||||
4 | judges shall impose one total sum of money payable
for | ||||||
5 | violations. The circuit clerk may add on no additional amounts | ||||||
6 | except
for amounts that are required by Sections 27.3a and | ||||||
7 | 27.3c of
this Act, unless those amounts are specifically waived | ||||||
8 | by the judge. With
respect to money collected by the circuit | ||||||
9 | clerk as a result of
forfeiture of bail, ex parte judgment or | ||||||
10 | guilty plea pursuant to Supreme
Court Rule 529, the circuit | ||||||
11 | clerk shall first deduct and pay amounts
required by Sections | ||||||
12 | 27.3a and 27.3c of this Act. This Section is a denial
and | ||||||
13 | limitation of home rule powers and functions under subsection | ||||||
14 | (h) of
Section 6 of Article VII of the Illinois Constitution.
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15 | (b) In addition to any other fines and court costs assessed | ||||||
16 | by the courts,
any person convicted or receiving an order of | ||||||
17 | supervision for driving under
the influence of alcohol or drugs | ||||||
18 | shall pay an additional fee of $100 to the
clerk of the circuit | ||||||
19 | court. This amount, less 2 1/2% that shall be used to
defray | ||||||
20 | administrative costs incurred by the clerk, shall be remitted | ||||||
21 | by the
clerk to the Treasurer within 60 days after receipt for | ||||||
22 | deposit into the Trauma
Center Fund. This additional fee of | ||||||
23 | $100 shall not be considered a part of the
fine for purposes of | ||||||
24 | any reduction in the fine for time served either before or
| ||||||
25 | after sentencing. Not later than March 1 of each year the | ||||||
26 | Circuit Clerk shall
submit a report of the amount of funds |
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1 | remitted to the State Treasurer under
this subsection during | ||||||
2 | the preceding calendar year.
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3 | (b-1) In addition to any other fines and court costs | ||||||
4 | assessed by the courts,
any person convicted or receiving an | ||||||
5 | order of supervision for driving under the
influence of alcohol | ||||||
6 | or drugs shall pay an additional fee of $5 to the clerk
of the | ||||||
7 | circuit court. This amount, less
2 1/2% that shall be used to | ||||||
8 | defray administrative costs incurred by the clerk,
shall be | ||||||
9 | remitted by the clerk to the Treasurer within 60 days after | ||||||
10 | receipt
for deposit into the Spinal Cord Injury Paralysis Cure | ||||||
11 | Research Trust Fund.
This additional fee of $5 shall not
be | ||||||
12 | considered a part of the fine for purposes of any reduction in | ||||||
13 | the fine for
time served either before or after sentencing. 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 subsection during the preceding calendar
year.
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17 | (c) In addition to any other fines and court costs assessed | ||||||
18 | by the courts,
any person convicted for a violation of Sections | ||||||
19 | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or the | ||||||
20 | Criminal Code of 2012 or a person sentenced for a violation of | ||||||
21 | the Cannabis
Control Act, the Illinois Controlled Substances | ||||||
22 | Act, or the Methamphetamine Control and Community Protection | ||||||
23 | Act
shall pay an additional fee of $100 to the clerk
of the | ||||||
24 | circuit court. This amount, less
2 1/2% that shall be used to | ||||||
25 | defray administrative costs incurred by the clerk,
shall be | ||||||
26 | remitted by the clerk to the Treasurer within 60 days after |
| |||||||
| |||||||
1 | receipt
for deposit into the Trauma Center Fund. This | ||||||
2 | additional fee of $100 shall not
be considered a part of the | ||||||
3 | fine for purposes of any reduction in the fine for
time served | ||||||
4 | either before or after sentencing. Not later than March 1 of | ||||||
5 | each
year the Circuit Clerk shall submit a report of the amount | ||||||
6 | of funds remitted to
the State Treasurer under this subsection | ||||||
7 | during the preceding calendar year.
| ||||||
8 | (c-1) In addition to any other fines and court costs | ||||||
9 | assessed by the
courts, any person sentenced for a violation of | ||||||
10 | the Cannabis Control Act,
the Illinois Controlled Substances | ||||||
11 | Act, or the Methamphetamine Control and Community Protection | ||||||
12 | Act 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 | (d) The following amounts must be remitted to the State | ||||||
24 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| ||||||
25 | (1) 50% of the amounts collected for felony offenses | ||||||
26 | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, |
| |||||||
| |||||||
1 | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||||||
2 | Animals Act and Section 26-5 or 48-1 of the Criminal Code | ||||||
3 | of
1961 or the Criminal Code of 2012;
| ||||||
4 | (2) 20% of the amounts collected for Class A and Class | ||||||
5 | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||||||
6 | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||||||
7 | for Animals Act and Section 26-5 or 48-1 of the Criminal
| ||||||
8 | Code of 1961 or the Criminal Code of 2012; and
| ||||||
9 | (3) 50% of the amounts collected for Class C | ||||||
10 | misdemeanors under Sections
4.01 and 7.1 of the Humane Care | ||||||
11 | for Animals Act and Section 26-5 or 48-1 of the
Criminal | ||||||
12 | Code of 1961 or the Criminal Code of 2012.
| ||||||
13 | (e) Any person who receives a disposition of court | ||||||
14 | supervision for a violation of the Illinois Vehicle Code or a | ||||||
15 | similar provision of a local ordinance shall, in addition to | ||||||
16 | any other fines, fees, and court costs, pay an additional fee | ||||||
17 | of $29, to be disbursed as provided in Section 16-104c of the | ||||||
18 | Illinois Vehicle Code. In addition to the fee of $29, the | ||||||
19 | person shall also pay a fee of $6, if not waived by the court. | ||||||
20 | If this $6 fee is collected, $5.50 of the fee shall be | ||||||
21 | deposited into the Circuit Court Clerk Operation and | ||||||
22 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
23 | and 50 cents of the fee shall be deposited into the Prisoner | ||||||
24 | Review Board Vehicle and Equipment Fund in the State treasury.
| ||||||
25 | (f) This Section does not apply to the additional child | ||||||
26 | pornography fines assessed and collected under Section |
| |||||||
| |||||||
1 | 5-9-1.14 of the Unified Code of Corrections.
| ||||||
2 | (g) (Blank). | ||||||
3 | (h) (Blank). | ||||||
4 | (i)
Of the amounts collected as fines under subsection (b) | ||||||
5 | of Section 3-712 of the Illinois Vehicle Code, 99% shall be | ||||||
6 | deposited into the Illinois Military Family Relief Fund and 1% | ||||||
7 | shall be deposited into the Circuit Court Clerk Operation and | ||||||
8 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
9 | to be used to offset the costs incurred by the Circuit Court | ||||||
10 | Clerk in performing the additional duties required to collect | ||||||
11 | and disburse funds to entities of State and local government as | ||||||
12 | provided by law.
| ||||||
13 | (j) Any person convicted of, pleading guilty to, or placed | ||||||
14 | on supervision for a serious traffic violation, as defined in | ||||||
15 | Section 1-187.001 of the Illinois Vehicle Code, a violation of | ||||||
16 | Section 11-501 of the Illinois Vehicle Code, or a violation of | ||||||
17 | a similar provision of a local ordinance shall pay an | ||||||
18 | additional fee of $35, to be disbursed as provided in Section | ||||||
19 | 16-104d of that Code. | ||||||
20 | This subsection (j) becomes inoperative on January 1, 2020. | ||||||
21 | (k) For any conviction or disposition of court supervision | ||||||
22 | for a violation of Section 11-1429 of the Illinois Vehicle | ||||||
23 | Code, the circuit clerk shall distribute the fines paid by the | ||||||
24 | person as specified by subsection (h) of Section 11-1429 of the | ||||||
25 | Illinois Vehicle Code. | ||||||
26 | (l) Any person who receives a disposition of court |
| |||||||
| |||||||
1 | supervision for a violation of Section 11-501 of the Illinois | ||||||
2 | Vehicle Code or a similar provision of a local ordinance shall, | ||||||
3 | in addition to any other fines, fees, and court costs, pay an | ||||||
4 | additional fee of $50, which shall
be collected by the circuit | ||||||
5 | clerk and then remitted to the State Treasurer for deposit as | ||||||
6 | follows: | ||||||
7 | (1) $5 into the Roadside Memorial Fund, a special fund | ||||||
8 | in the State treasury. However, the court may waive the fee | ||||||
9 | if full restitution is complied with. Subject to | ||||||
10 | appropriation, all moneys in the Roadside Memorial Fund | ||||||
11 | shall be used by the Department of Transportation to pay | ||||||
12 | fees imposed under subsection (f) of Section 20 of the | ||||||
13 | Roadside Memorial Act. The fee shall be remitted by the | ||||||
14 | circuit clerk within one month after receipt to the State | ||||||
15 | Treasurer for deposit into the Roadside Memorial Fund. | ||||||
16 | (2) $45 into the DUI Prevention and Education Fund. | ||||||
17 | The court may waive the fee if full restitution is complied | ||||||
18 | with. | ||||||
19 | (m) Of the amounts collected as fines under subsection (c) | ||||||
20 | of Section 411.4 of the Illinois Controlled Substances Act or | ||||||
21 | subsection (c) of Section 90 of the Methamphetamine Control and | ||||||
22 | Community Protection Act, 99% shall be deposited to the law | ||||||
23 | enforcement agency or fund specified and 1% shall be deposited | ||||||
24 | into the Circuit Court Clerk Operation and Administrative Fund | ||||||
25 | to be used to offset the costs incurred by the Circuit Court | ||||||
26 | Clerk in performing the additional duties required to collect |
| |||||||
| |||||||
1 | and disburse funds to entities of State and local government as | ||||||
2 | provided by law. | ||||||
3 | (n) In addition to any other fines and court costs assessed | ||||||
4 | by the courts, any person who is convicted of or pleads guilty | ||||||
5 | to a violation of the Criminal Code of 1961 or the Criminal | ||||||
6 | Code of 2012, or a similar provision of a local ordinance, or | ||||||
7 | who is convicted of, pleads guilty to, or receives a | ||||||
8 | disposition of court supervision for a violation of the | ||||||
9 | Illinois Vehicle Code, or a similar provision of a local | ||||||
10 | ordinance, shall pay an additional fee of $15 to the clerk of | ||||||
11 | the circuit court. This additional fee of $15 shall not be | ||||||
12 | considered a part of the fine for purposes of any reduction in | ||||||
13 | the fine for time served either before or after sentencing. | ||||||
14 | This amount, less 2.5% that shall be used to defray | ||||||
15 | administrative costs incurred by the clerk, shall be remitted | ||||||
16 | by the clerk to the State Treasurer within 60 days after | ||||||
17 | receipt for deposit into the State Police Merit Board Public | ||||||
18 | Safety Fund. | ||||||
19 | (o) The amounts collected as fines under Sections 10-9, | ||||||
20 | 11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall | ||||||
21 | be collected by the circuit clerk and distributed as provided | ||||||
22 | under Section 5-9-1.21 of the Unified Code of Corrections in | ||||||
23 | lieu of any disbursement under subsection (a) of this Section. | ||||||
24 | (p) In addition to any other fees and penalties imposed, | ||||||
25 | any person who is convicted of or pleads guilty to a violation | ||||||
26 | of Section 20-1 or Section 20-1.1 of the Criminal Code of 2012 |
| |||||||
| |||||||
1 | shall pay an additional fee of $250 to the clerk of the circuit | ||||||
2 | court. This additional fee of $250 shall not be considered a | ||||||
3 | part of the fine for purposes of any reduction in the fine for | ||||||
4 | time served either before or after sentencing. This amount, | ||||||
5 | less 2.5% that shall be used to defray administrative costs | ||||||
6 | incurred by the clerk, shall be remitted by the clerk to the | ||||||
7 | Department of Insurance within 60 days after receipt for | ||||||
8 | deposit into the George Bailey Memorial Fund. | ||||||
9 | (Source: P.A. 98-658, eff. 6-23-14; 98-1013, eff. 1-1-15; | ||||||
10 | 99-78, eff. 7-20-15; 99-455, eff. 1-1-16 .)
| ||||||
11 | (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667, | ||||||
12 | 96-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150, | ||||||
13 | 98-658, 98-1013, 99-78, and 99-455) | ||||||
14 | Sec. 27.6. (a) All fees, fines, costs, additional | ||||||
15 | penalties, bail balances
assessed or forfeited, and any other | ||||||
16 | amount paid by a person to the circuit
clerk equalling an | ||||||
17 | amount of $55 or more, except the fine imposed by Section | ||||||
18 | 5-9-1.15
of the Unified Code of Corrections, the additional fee | ||||||
19 | required
by subsections (b) and (c), restitution under Section | ||||||
20 | 5-5-6 of the
Unified Code of Corrections, contributions to a | ||||||
21 | local anti-crime program ordered pursuant to Section | ||||||
22 | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | ||||||
23 | Corrections, reimbursement for the costs of an emergency
| ||||||
24 | response as provided under Section 11-501 of the Illinois | ||||||
25 | Vehicle Code,
any fees collected for attending a traffic safety |
| |||||||
| |||||||
1 | program under paragraph (c)
of Supreme Court Rule 529, any fee | ||||||
2 | collected on behalf of a State's Attorney
under Section 4-2002 | ||||||
3 | of the Counties Code or a sheriff under Section 4-5001
of the | ||||||
4 | Counties Code, or any cost imposed under Section 124A-5 of the | ||||||
5 | Code of
Criminal Procedure of 1963, for convictions, orders of | ||||||
6 | supervision, or any
other disposition for a violation of | ||||||
7 | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | ||||||
8 | similar provision of a local ordinance, and any
violation of | ||||||
9 | the Child Passenger Protection Act, or a similar provision of a
| ||||||
10 | local ordinance, and except as otherwise provided in this | ||||||
11 | Section
shall be disbursed
within 60 days after receipt by the | ||||||
12 | circuit
clerk as follows: 44.5% shall be disbursed to the | ||||||
13 | entity authorized by law to
receive the fine imposed in the | ||||||
14 | case; 16.825% shall be disbursed to the State
Treasurer; and | ||||||
15 | 38.675% shall be disbursed to the county's general corporate
| ||||||
16 | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | ||||||
17 | shall be deposited
by the State Treasurer into the Violent | ||||||
18 | Crime Victims Assistance Fund, 5.052/17
shall be deposited into | ||||||
19 | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall | ||||||
20 | be deposited into the Drivers Education Fund, and 6.948/17 | ||||||
21 | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 | ||||||
22 | deposited into the
Trauma Center Fund from the 16.825% | ||||||
23 | disbursed to the State Treasurer, 50% shall
be disbursed to the | ||||||
24 | Department of Public Health and 50% shall be disbursed to
the | ||||||
25 | Department of Healthcare and Family Services. For fiscal year | ||||||
26 | 1993, amounts deposited into
the Violent Crime Victims |
| |||||||
| |||||||
1 | Assistance Fund, the Traffic and Criminal
Conviction Surcharge | ||||||
2 | Fund, or the Drivers Education Fund shall not exceed 110%
of | ||||||
3 | the amounts deposited into those funds in fiscal year 1991. Any
| ||||||
4 | amount that exceeds the 110% limit shall be distributed as | ||||||
5 | follows: 50%
shall be disbursed to the county's general | ||||||
6 | corporate fund and 50% shall be
disbursed to the entity | ||||||
7 | authorized by law to receive the fine imposed in
the case. Not | ||||||
8 | later than March 1 of each year the circuit clerk
shall submit | ||||||
9 | a report of the amount of funds remitted to the State
Treasurer | ||||||
10 | under this Section during the preceding year based upon
| ||||||
11 | independent verification of fines and fees. All counties shall | ||||||
12 | be subject
to this Section, except that counties with a | ||||||
13 | population under 2,000,000
may, by ordinance, elect not to be | ||||||
14 | subject to this Section. For offenses
subject to this Section, | ||||||
15 | judges shall impose one total sum of money payable
for | ||||||
16 | violations. The circuit clerk may add on no additional amounts | ||||||
17 | except
for amounts that are required by Sections 27.3a and | ||||||
18 | 27.3c of
this Act, Section 16-104c of the Illinois Vehicle | ||||||
19 | Code, and subsection (a) of Section 5-1101 of the Counties | ||||||
20 | Code, unless those amounts are specifically waived by the | ||||||
21 | judge. With
respect to money collected by the circuit clerk as | ||||||
22 | a result of
forfeiture of bail, ex parte judgment or guilty | ||||||
23 | plea pursuant to Supreme
Court Rule 529, the circuit clerk | ||||||
24 | shall first deduct and pay amounts
required by Sections 27.3a | ||||||
25 | and 27.3c of this Act. Unless a court ordered payment schedule | ||||||
26 | is implemented or fee requirements are waived pursuant to court |
| |||||||
| |||||||
1 | order, the clerk of the court may add to any unpaid fees and | ||||||
2 | costs a delinquency amount equal to 5% of the unpaid fees that | ||||||
3 | remain unpaid after 30 days, 10% of the unpaid fees that remain | ||||||
4 | unpaid after 60 days, and 15% of the unpaid fees that remain | ||||||
5 | unpaid after 90 days. Notice to those parties may be made by | ||||||
6 | signage posting or publication. The additional delinquency | ||||||
7 | amounts collected under this Section shall be deposited in the | ||||||
8 | Circuit Court Clerk Operation and Administrative Fund to be | ||||||
9 | used to defray administrative costs incurred by the circuit | ||||||
10 | clerk in performing the duties required to collect and disburse | ||||||
11 | funds. This Section is a denial
and limitation of home rule | ||||||
12 | powers and functions under subsection (h) of
Section 6 of | ||||||
13 | Article VII of the Illinois Constitution.
| ||||||
14 | (b) In addition to any other fines and court costs assessed | ||||||
15 | by the courts,
any person convicted or receiving an order of | ||||||
16 | supervision for driving under
the influence of alcohol or drugs | ||||||
17 | shall pay an additional fee of $100 to the
clerk of the circuit | ||||||
18 | court. This amount, less 2 1/2% that shall be used to
defray | ||||||
19 | administrative costs incurred by the clerk, shall be remitted | ||||||
20 | by the
clerk to the Treasurer within 60 days after receipt for | ||||||
21 | deposit into the Trauma
Center Fund. This additional fee of | ||||||
22 | $100 shall not be considered a part of the
fine for purposes of | ||||||
23 | any reduction in the fine for time served either before or
| ||||||
24 | after sentencing. Not later than March 1 of each year the | ||||||
25 | Circuit Clerk shall
submit a report of the amount of funds | ||||||
26 | remitted to the State Treasurer under
this subsection during |
| |||||||
| |||||||
1 | the preceding calendar year.
| ||||||
2 | (b-1) In addition to any other fines and court costs | ||||||
3 | assessed by the courts,
any person convicted or receiving an | ||||||
4 | order of supervision for driving under the
influence of alcohol | ||||||
5 | or drugs shall pay an additional fee of $5 to the clerk
of the | ||||||
6 | circuit court. This amount, less
2 1/2% that shall be used to | ||||||
7 | defray administrative costs incurred by the clerk,
shall be | ||||||
8 | remitted by the clerk to the Treasurer within 60 days after | ||||||
9 | receipt
for deposit into the Spinal Cord Injury Paralysis Cure | ||||||
10 | Research Trust Fund.
This additional fee of $5 shall not
be | ||||||
11 | considered a part of the fine for purposes of any reduction in | ||||||
12 | the fine for
time served either before or after sentencing. Not | ||||||
13 | later than March 1 of each
year the Circuit Clerk shall submit | ||||||
14 | a report of the amount of funds remitted to
the State Treasurer | ||||||
15 | under this subsection during the preceding calendar
year.
| ||||||
16 | (c) In addition to any other fines and court costs assessed | ||||||
17 | by the courts,
any person convicted for a violation of Sections | ||||||
18 | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or the | ||||||
19 | Criminal Code of 2012 or a person sentenced for a violation of | ||||||
20 | the Cannabis
Control Act, the Illinois Controlled Substances | ||||||
21 | Act, or the Methamphetamine Control and Community Protection | ||||||
22 | Act
shall pay an additional fee of $100 to the clerk
of the | ||||||
23 | circuit court. This amount, less
2 1/2% that shall be used to | ||||||
24 | defray administrative costs incurred by the clerk,
shall be | ||||||
25 | remitted by the clerk to the Treasurer within 60 days after | ||||||
26 | receipt
for deposit into the Trauma Center Fund. This |
| |||||||
| |||||||
1 | additional fee of $100 shall not
be considered a part of the | ||||||
2 | fine for purposes of any reduction in the fine for
time served | ||||||
3 | either before or after sentencing. Not later than March 1 of | ||||||
4 | each
year the Circuit Clerk shall submit a report of the amount | ||||||
5 | of funds remitted to
the State Treasurer under this subsection | ||||||
6 | during the preceding calendar year.
| ||||||
7 | (c-1) In addition to any other fines and court costs | ||||||
8 | assessed by the
courts, any person sentenced for a violation of | ||||||
9 | the Cannabis Control Act,
the Illinois Controlled Substances | ||||||
10 | Act, or the Methamphetamine Control and Community Protection | ||||||
11 | Act shall pay an additional fee of $5 to the
clerk of the | ||||||
12 | circuit court. This amount, less 2 1/2% that shall be used to
| ||||||
13 | defray administrative costs incurred by the clerk, shall be | ||||||
14 | remitted by the
clerk to the Treasurer within 60 days after | ||||||
15 | receipt for deposit into the Spinal
Cord Injury Paralysis Cure | ||||||
16 | Research Trust Fund. This additional fee of $5
shall not be | ||||||
17 | considered a part of the fine for purposes of any reduction in | ||||||
18 | the
fine for time served either before or after sentencing. Not | ||||||
19 | later than March 1
of each year the Circuit Clerk shall submit | ||||||
20 | a report of the amount of funds
remitted to the State Treasurer | ||||||
21 | under this subsection during the preceding
calendar year.
| ||||||
22 | (d) The following amounts must be remitted to the State | ||||||
23 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| ||||||
24 | (1) 50% of the amounts collected for felony offenses | ||||||
25 | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||||||
26 | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for |
| |||||||
| |||||||
1 | Animals Act and Section 26-5 or 48-1 of the Criminal Code | ||||||
2 | of
1961 or the Criminal Code of 2012;
| ||||||
3 | (2) 20% of the amounts collected for Class A and Class | ||||||
4 | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||||||
5 | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||||||
6 | for Animals Act and Section 26-5 or 48-1 of the Criminal
| ||||||
7 | Code of 1961 or the Criminal Code of 2012; and
| ||||||
8 | (3) 50% of the amounts collected for Class C | ||||||
9 | misdemeanors under Sections
4.01 and 7.1 of the Humane Care | ||||||
10 | for Animals Act and Section 26-5 or 48-1 of the
Criminal | ||||||
11 | Code of 1961 or the Criminal Code of 2012.
| ||||||
12 | (e) Any person who receives a disposition of court | ||||||
13 | supervision for a violation of the Illinois Vehicle Code or a | ||||||
14 | similar provision of a local ordinance shall, in addition to | ||||||
15 | any other fines, fees, and court costs, pay an additional fee | ||||||
16 | of $29, to be disbursed as provided in Section 16-104c of the | ||||||
17 | Illinois Vehicle Code. In addition to the fee of $29, the | ||||||
18 | person shall also pay a fee of $6, if not waived by the court. | ||||||
19 | If this $6 fee is collected, $5.50 of the fee shall be | ||||||
20 | deposited into the Circuit Court Clerk Operation and | ||||||
21 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
22 | and 50 cents of the fee shall be deposited into the Prisoner | ||||||
23 | Review Board Vehicle and Equipment Fund in the State treasury.
| ||||||
24 | (f) This Section does not apply to the additional child | ||||||
25 | pornography fines assessed and collected under Section | ||||||
26 | 5-9-1.14 of the Unified Code of Corrections.
|
| |||||||
| |||||||
1 | (g) Any person convicted of or pleading guilty to a serious | ||||||
2 | traffic violation, as defined in Section 1-187.001 of the | ||||||
3 | Illinois Vehicle Code, shall pay an additional fee of $35, to | ||||||
4 | be disbursed as provided in Section 16-104d of that Code. This | ||||||
5 | subsection (g) becomes inoperative on January 1, 2020. | ||||||
6 | (h) In all counties having a population of 3,000,000 or | ||||||
7 | more inhabitants, | ||||||
8 | (1) A person who is found guilty of or pleads guilty to | ||||||
9 | violating subsection (a) of Section 11-501 of the Illinois | ||||||
10 | Vehicle Code, including any person placed on court | ||||||
11 | supervision for violating subsection (a), shall be fined | ||||||
12 | $750 as provided for by subsection (f) of Section 11-501.01 | ||||||
13 | of the Illinois Vehicle Code, payable to the circuit clerk, | ||||||
14 | who shall distribute the money pursuant to subsection (f) | ||||||
15 | of Section 11-501.01 of the Illinois Vehicle Code. | ||||||
16 | (2) When a crime laboratory DUI analysis fee of $150, | ||||||
17 | provided for by Section 5-9-1.9 of the Unified Code of | ||||||
18 | Corrections is assessed, it shall be disbursed by the | ||||||
19 | circuit clerk as provided by subsection (f) of Section | ||||||
20 | 5-9-1.9 of the Unified Code of Corrections. | ||||||
21 | (3) When a fine for a violation of Section 11-605.1 of | ||||||
22 | the Illinois Vehicle Code is $250 or greater, the person | ||||||
23 | who violated that Section shall be charged an additional | ||||||
24 | $125 as provided for by subsection (e) of Section 11-605.1 | ||||||
25 | of the Illinois Vehicle Code, which shall be disbursed by | ||||||
26 | the circuit clerk to a State or county Transportation |
| |||||||
| |||||||
1 | Safety Highway Hire-back Fund as provided by subsection (e) | ||||||
2 | of Section 11-605.1 of the Illinois Vehicle Code. | ||||||
3 | (4) When a fine for a violation of subsection (a) of | ||||||
4 | Section 11-605 of the Illinois Vehicle Code is $150 or | ||||||
5 | greater, the additional $50 which is charged as provided | ||||||
6 | for by subsection (f) of Section 11-605 of the Illinois | ||||||
7 | Vehicle Code shall be disbursed by the circuit clerk to a | ||||||
8 | school district or districts for school safety purposes as | ||||||
9 | provided by subsection (f) of Section 11-605. | ||||||
10 | (5) When a fine for a violation of subsection (a) of | ||||||
11 | Section 11-1002.5 of the Illinois Vehicle Code is $150 or | ||||||
12 | greater, the additional $50 which is charged as provided | ||||||
13 | for by subsection (c) of Section 11-1002.5 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 (c) of Section 11-1002.5 of the | ||||||
17 | Illinois Vehicle Code. | ||||||
18 | (6) When a mandatory drug court fee of up to $5 is | ||||||
19 | assessed as provided in subsection (f) of Section 5-1101 of | ||||||
20 | the Counties Code, it shall be disbursed by the circuit | ||||||
21 | clerk as provided in subsection (f) of Section 5-1101 of | ||||||
22 | the Counties Code. | ||||||
23 | (7) When a mandatory teen court, peer jury, youth | ||||||
24 | court, or other youth diversion program fee is assessed as | ||||||
25 | provided in subsection (e) of Section 5-1101 of the | ||||||
26 | Counties Code, it shall be disbursed by the circuit clerk |
| |||||||
| |||||||
1 | as provided in subsection (e) of Section 5-1101 of the | ||||||
2 | Counties Code. | ||||||
3 | (8) When a Children's Advocacy Center fee is assessed | ||||||
4 | pursuant to subsection (f-5) of Section 5-1101 of the | ||||||
5 | Counties Code, it shall be disbursed by the circuit clerk | ||||||
6 | as provided in subsection (f-5) of Section 5-1101 of the | ||||||
7 | Counties Code. | ||||||
8 | (9) When a victim impact panel fee is assessed pursuant | ||||||
9 | to subsection (b) of Section 11-501.01 of the Vehicle Code, | ||||||
10 | it shall be disbursed by the circuit clerk to the victim | ||||||
11 | impact panel to be attended by the defendant. | ||||||
12 | (10) When a new fee collected in traffic cases is | ||||||
13 | enacted after the effective date of this subsection (h), it | ||||||
14 | shall be excluded from the percentage disbursement | ||||||
15 | provisions of this Section unless otherwise indicated by | ||||||
16 | law. | ||||||
17 | (i)
Of the amounts collected as fines under subsection (b) | ||||||
18 | of Section 3-712 of the Illinois Vehicle Code, 99% shall be | ||||||
19 | deposited into the Illinois Military Family Relief Fund and 1% | ||||||
20 | shall be deposited into the Circuit Court Clerk Operation and | ||||||
21 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
22 | to be used to offset the costs incurred by the Circuit Court | ||||||
23 | Clerk in performing the additional duties required to collect | ||||||
24 | and disburse funds to entities of State and local government as | ||||||
25 | provided by law.
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26 | (j) (Blank). |
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1 | (k) For any conviction or disposition of court supervision | ||||||
2 | for a violation of Section 11-1429 of the Illinois Vehicle | ||||||
3 | Code, the circuit clerk shall distribute the fines paid by the | ||||||
4 | person as specified by subsection (h) of Section 11-1429 of the | ||||||
5 | Illinois Vehicle Code. | ||||||
6 | (l) Any person who receives a disposition of court | ||||||
7 | supervision for a violation of Section 11-501 of the Illinois | ||||||
8 | Vehicle Code or a similar provision of a local ordinance shall, | ||||||
9 | in addition to any other fines, fees, and court costs, pay an | ||||||
10 | additional fee of $50, which shall
be collected by the circuit | ||||||
11 | clerk and then remitted to the State Treasurer for deposit as | ||||||
12 | 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 | (m) Of the amounts collected as fines under subsection (c) | ||||||
26 | of Section 411.4 of the Illinois Controlled Substances Act or |
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1 | subsection (c) of Section 90 of the Methamphetamine Control and | ||||||
2 | Community Protection Act, 99% shall be deposited to the law | ||||||
3 | enforcement agency or fund specified and 1% shall be deposited | ||||||
4 | into the Circuit Court Clerk Operation and Administrative Fund | ||||||
5 | to be used to offset the costs incurred by the Circuit Court | ||||||
6 | Clerk in performing the additional duties required to collect | ||||||
7 | and disburse funds to entities of State and local government as | ||||||
8 | provided by law. | ||||||
9 | (n) In addition to any other fines and court costs assessed | ||||||
10 | by the courts, any person who is convicted of or pleads guilty | ||||||
11 | to a violation of the Criminal Code of 1961 or the Criminal | ||||||
12 | Code of 2012, or a similar provision of a local ordinance, or | ||||||
13 | who is convicted of, pleads guilty to, or receives a | ||||||
14 | disposition of court supervision for a violation of the | ||||||
15 | Illinois Vehicle Code, or a similar provision of a local | ||||||
16 | ordinance, shall pay an additional fee of $15 to the clerk of | ||||||
17 | the circuit court. This additional fee of $15 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. | ||||||
20 | This amount, less 2.5% that shall be used to defray | ||||||
21 | administrative costs incurred by the clerk, shall be remitted | ||||||
22 | by the clerk to the State Treasurer within 60 days after | ||||||
23 | receipt for deposit into the State Police Merit Board Public | ||||||
24 | Safety Fund. | ||||||
25 | (o) The amounts collected as fines under Sections 10-9, | ||||||
26 | 11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall |
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1 | be collected by the circuit clerk and distributed as provided | ||||||
2 | under Section 5-9-1.21 of the Unified Code of Corrections in | ||||||
3 | lieu of any disbursement under subsection (a) of this Section. | ||||||
4 | (p) In addition to any other fees and penalties imposed, | ||||||
5 | any person who is convicted of or pleads guilty to a violation | ||||||
6 | of Section 20-1 or Section 20-1.1 of the Criminal Code of 2012 | ||||||
7 | shall pay an additional fee of $250 to the clerk of the circuit | ||||||
8 | court. This additional fee of $250 shall not be considered a | ||||||
9 | part of the fine for purposes of any reduction in the fine for | ||||||
10 | time served either before or after sentencing. This amount, | ||||||
11 | less 2.5% that shall be used to defray administrative costs | ||||||
12 | incurred by the clerk, shall be remitted by the clerk to the | ||||||
13 | Department of Insurance within 60 days after receipt for | ||||||
14 | deposit into the George Bailey Memorial Fund. | ||||||
15 | (Source: P.A. 98-658, eff. 6-23-14; 98-1013, eff. 1-1-15; | ||||||
16 | 99-78, eff. 7-20-15; 99-455, eff. 1-1-16.)
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17 | Section 35. The Unified Code of Corrections is amended by | ||||||
18 | changing Section 5-9-1.18 as follows:
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19 | (730 ILCS 5/5-9-1.18)
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20 | Sec. 5-9-1.18. Fee; Roadside Memorial Fund and DUI | ||||||
21 | Prevention and Education Fund . A person who is convicted or | ||||||
22 | receives a disposition of court supervision for a violation of
| ||||||
23 | Section 11-501 of the Illinois Vehicle Code shall, in addition | ||||||
24 | to any other
disposition, penalty, or fine imposed, pay a fee |
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| |||||||
1 | of
$50 which shall
be collected by the clerk of the court and | ||||||
2 | then remitted to the State Treasurer for deposit as follows: | ||||||
3 | (1) $5 into the Roadside Memorial Fund, a special fund | ||||||
4 | that is created in the State treasury. However, the court | ||||||
5 | may waive the fee if full restitution is complied with. | ||||||
6 | Subject to appropriation, all moneys in the Roadside | ||||||
7 | Memorial Fund shall be used by the Department of | ||||||
8 | Transportation to pay fees imposed under subsection (f) of | ||||||
9 | Section 20 of the Roadside Memorial Act. | ||||||
10 | (2) $45 into the DUI Prevention and Education Fund. | ||||||
11 | The court may waive the fee if full restitution is complied | ||||||
12 | with.
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13 | (Source: P.A. 96-667, eff. 8-25-09; 96-1000, eff. 7-2-10.)
|