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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
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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
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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
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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
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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 |
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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.
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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
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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.
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23 | | (d) The following amounts must be remitted to the State |
24 | | Treasurer for
deposit into the Illinois Animal Abuse Fund:
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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, |
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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;
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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 |
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|
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 |
|
| | SB0581 Engrossed | - 18 - | LRB099 03446 JWD 23454 b |
|
|
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 |
|
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|
|
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 |
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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 |
|
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|
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 |
|
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|
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 |
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| | SB0581 Engrossed | - 23 - | LRB099 03446 JWD 23454 b |
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|
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 |
|
| | SB0581 Engrossed | - 24 - | LRB099 03446 JWD 23454 b |
|
|
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 |
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| | SB0581 Engrossed | - 25 - | LRB099 03446 JWD 23454 b |
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|
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 |
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| | SB0581 Engrossed | - 26 - | LRB099 03446 JWD 23454 b |
|
|
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.
|
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| | SB0581 Engrossed | - 27 - | LRB099 03446 JWD 23454 b |
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|
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 |
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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 |
|
| | SB0581 Engrossed | - 29 - | LRB099 03446 JWD 23454 b |
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|
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.
|
26 | | (j) (Blank). |
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| | SB0581 Engrossed | - 30 - | LRB099 03446 JWD 23454 b |
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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
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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.)
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