Bill Text: IL SB2024 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Clerks of Courts Act. Provides that the fine for speeding in a school zone is increased by $5 which shall go to the school district or districts in which the offense occurred. Provides that a county with a drug court may adopt a mandatory fee of $5 to fund the drug court, less a 5% clerk processing charge, assessed against any defendant found guilty in a traffic case or who is ordered to pay a fine under the Unified Code of Corrections. Provides that a person found guilty, including court supervision, of a DUI in addition to any other fine is fined $500, or $1,000 for other than a first offense, payable to the clerk to be distributed as follows: $100 to the law enforcement agency or agencies that made the arrest and $400 to the General Revenue Fund. Provides that when a person has been adjudged guilty of a DUI and a crime lab DUI analysis was completed, in addition to any other disposition or fine, a crime lab DUI analysis fee of $150 shall be paid by the defendant. Provides that the court may suspend payment of the fee if the defendant does not have the ability to pay. Provides that if the fine assessed for a first offense of speeding in a construction zone is $250 or greater, there shall be an additional $125 fee paid by the defendant, which shall be deposited into the Transportation Safety Highway Hire-back Fund. Provides for other related changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2009-08-25 - Public Act . . . . . . . . . 96-0735 [SB2024 Detail]

Download: Illinois-2009-SB2024-Enrolled.html

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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Clerks of Courts Act is amended by changing
Sections 27.5 and 27.6 as follows:
(705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
Sec. 27.5. (a) All fees, fines, costs, additional
penalties, bail balances assessed or forfeited, and any other
amount paid by a person to the circuit clerk that equals an
amount less than $55, except restitution under Section 5-5-6 of
the Unified Code of Corrections, reimbursement for the costs of
an emergency response as provided under Section 11-501 of the
Illinois Vehicle Code, any fees collected for attending a
traffic safety program under paragraph (c) of Supreme Court
Rule 529, any fee collected on behalf of a State's Attorney
under Section 4-2002 of the Counties Code or a sheriff under
Section 4-5001 of the Counties Code, or any cost imposed under
Section 124A-5 of the Code of Criminal Procedure of 1963, for
convictions, orders of supervision, or any other disposition
for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, and
any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, and except as provided

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in subsection (b) shall be disbursed within 60 days after
receipt by the circuit clerk as follows: 47% shall be disbursed
to the entity authorized by law to receive the fine imposed in
the case; 12% shall be disbursed to the State Treasurer; and
41% shall be disbursed to the county's general corporate fund.
Of the 12% disbursed to the State Treasurer, 1/6 shall be
deposited by the State Treasurer into the Violent Crime Victims
Assistance Fund, 1/2 shall be deposited into the Traffic and
Criminal Conviction Surcharge Fund, and 1/3 shall be deposited
into the Drivers Education Fund. For fiscal years 1992 and
1993, amounts deposited into the Violent Crime Victims
Assistance Fund, the Traffic and Criminal Conviction Surcharge
Fund, or the Drivers Education Fund shall not exceed 110% of
the amounts deposited into those funds in fiscal year 1991. Any
amount that exceeds the 110% limit shall be distributed as
follows: 50% shall be disbursed to the county's general
corporate fund and 50% shall be disbursed to the entity
authorized by law to receive the fine imposed in the case. Not
later than March 1 of each year the circuit clerk shall submit
a report of the amount of funds remitted to the State Treasurer
under this Section during the preceding year based upon
independent verification of fines and fees. All counties shall
be subject to this Section, except that counties with a
population under 2,000,000 may, by ordinance, elect not to be
subject to this Section. For offenses subject to this Section,
judges shall impose one total sum of money payable for

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violations. The circuit clerk may add on no additional amounts
except for amounts that are required by Sections 27.3a and
27.3c of this Act, Section 16-104c of the Illinois Vehicle
Code, and subsection (a) of Section 5-1101 of the Counties
Code, unless those amounts are specifically waived by the
judge. With respect to money collected by the circuit clerk as
a result of forfeiture of bail, ex parte judgment or guilty
plea pursuant to Supreme Court Rule 529, the circuit clerk
shall first deduct and pay amounts required by Sections 27.3a
and 27.3c of this Act. Unless a court ordered payment schedule
is implemented or fee requirements are waived pursuant to a
court order, the circuit clerk may add to any unpaid fees and
costs a delinquency amount equal to 5% of the unpaid fees that
remain unpaid after 30 days, 10% of the unpaid fees that remain
unpaid after 60 days, and 15% of the unpaid fees that remain
unpaid after 90 days. Notice to those parties may be made by
signage posting or publication. The additional delinquency
amounts collected under this Section shall be deposited in the
Circuit Court Clerk Operation and Administrative Fund to be
used to defray administrative costs incurred by the circuit
clerk in performing the duties required to collect and disburse
funds. This Section is a denial and limitation of home rule
powers and functions under subsection (h) of Section 6 of
Article VII of the Illinois Constitution.
(b) The following amounts must be remitted to the State
Treasurer for deposit into the Illinois Animal Abuse Fund:

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

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traffic violation, as defined in Section 1-187.001 of the
Illinois Vehicle Code, shall pay an additional fee of $20, to
be disbursed as provided in Section 16-104d of that Code.
Subsection This subsection (d) becomes inoperative 7 years
after the effective date of Public Act 95-154.
(e) In all counties having a population of 3,000,000 or
more inhabitants,
(e-1) A person who is found guilty of or pleads guilty to
violating subsection (a) of Section 11-501 of the Illinois
Vehicle Code, including any person placed on court supervision
for violating subsection (a), shall be fined $500 as provided
for by subsection (f) of Section 11-501.01 of the Illinois
Vehicle Code, payable to the circuit clerk, who shall
distribute the money pursuant to subsection (f) of Section
11-501.01 of the Illinois Vehicle Code.
(e-2) When a crime laboratory DUI analysis fee of $150,
provided for by Section 5-9-1.9 of the Unified Code of
Corrections is assessed, it shall be disbursed by the circuit
clerk as provided by subsection (f) of Section 5-9-1.9 of the
Unified Code of Corrections.
(e-3) When a fine for a violation of subsection (a) of
Section 11-605 of the Illinois Vehicle Code is $150 or greater,
the additional $50 which is charged as provided for by
subsection (f) of Section 11-605 of the Illinois Vehicle Code
shall be disbursed by the circuit clerk to a school district or
districts for school safety purposes as provided by subsection

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(f) of Section 11-605.
(e-3.5) When a fine for a violation of subsection (a) of
Section 11-1002.5 of the Illinois Vehicle Code is $150 or
greater, the additional $50 which is charged as provided for by
subsection (c) of Section 11-1002.5 of the Illinois Vehicle
Code shall be disbursed by the circuit clerk to a school
district or districts for school safety purposes as provided by
subsection (c) of Section 11-1002.5 of the Illinois Vehicle
Code.
(e-4) When a mandatory drug court fee of up to $5 is
assessed as provided in subsection (f) of Section 5-1101 of the
Counties Code, it shall be disbursed by the circuit clerk as
provided in subsection (f) of Section 5-1101 of the Counties
Code.
(e-5) When a mandatory teen court, peer jury, youth court,
or other youth diversion program fee is assessed as provided in
subsection (e) of Section 5-1101 of the Counties Code, it shall
be disbursed by the circuit clerk as provided in subsection (e)
of Section 5-1101 of the Counties Code.
(e-6) When a Children's Advocacy Center fee is assessed
pursuant to subsection (f-5) of Section 5-1101 of the Counties
Code, it shall be disbursed by the circuit clerk as provided in
subsection (f-5) of Section 5-1101 of the Counties Code.
(e-7) When a victim impact panel fee is assessed pursuant
to subsection (b) of Section 11-501.01 of the Vehicle Code, it
shall be disbursed by the circuit clerk to the victim impact

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panel to be attended by the defendant.
(e-8) When a new fee collected in traffic cases is enacted
after the effective date of this amendatory Act of the 96th
General Assembly, it shall be excluded from the percentage
disbursement provisions of this Section unless otherwise
indicated by law.
(Source: P.A. 94-1009, eff. 1-1-07; 95-154, eff. 10-13-07;
95-428, eff. 8-24-07; 95-876, eff. 8-21-08.)
(705 ILCS 105/27.6)
Sec. 27.6. (a) All fees, fines, costs, additional
penalties, bail balances assessed or forfeited, and any other
amount paid by a person to the circuit clerk equalling an
amount of $55 or more, except the fine imposed by Section
5-9-1.15 of the Unified Code of Corrections, the additional fee
required by subsections (b) and (c), restitution under Section
5-5-6 of the Unified Code of Corrections, reimbursement for the
costs of an emergency response as provided under Section 11-501
of the Illinois Vehicle Code, any fees collected for attending
a traffic safety program under paragraph (c) of Supreme Court
Rule 529, any fee collected on behalf of a State's Attorney
under Section 4-2002 of the Counties Code or a sheriff under
Section 4-5001 of the Counties Code, or any cost imposed under
Section 124A-5 of the Code of Criminal Procedure of 1963, for
convictions, orders of supervision, or any other disposition
for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois

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Vehicle Code, or a similar provision of a local ordinance, and
any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, and except as provided
in subsections (b) through (h) (d) and (g) shall be disbursed
within 60 days after receipt by the circuit clerk as follows:
44.5% shall be disbursed to the entity authorized by law to
receive the fine imposed in the case; 16.825% shall be
disbursed to the State Treasurer; and 38.675% shall be
disbursed to the county's general corporate fund. Of the
16.825% disbursed to the State Treasurer, 2/17 shall be
deposited by the State Treasurer into the Violent Crime Victims
Assistance Fund, 5.052/17 shall be deposited into the Traffic
and Criminal Conviction Surcharge Fund, 3/17 shall be deposited
into the Drivers Education Fund, and 6.948/17 shall be
deposited into the Trauma Center Fund. Of the 6.948/17
deposited into the Trauma Center Fund from the 16.825%
disbursed to the State Treasurer, 50% shall be disbursed to the
Department of Public Health and 50% shall be disbursed to the
Department of Healthcare and Family Services. For fiscal year
1993, amounts deposited into the Violent Crime Victims
Assistance Fund, the Traffic and Criminal Conviction Surcharge
Fund, or the Drivers Education Fund shall not exceed 110% of
the amounts deposited into those funds in fiscal year 1991. Any
amount that exceeds the 110% limit shall be distributed as
follows: 50% shall be disbursed to the county's general
corporate fund and 50% shall be disbursed to the entity

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authorized by law to receive the fine imposed in the case. Not
later than March 1 of each year the circuit clerk shall submit
a report of the amount of funds remitted to the State Treasurer
under this Section during the preceding year based upon
independent verification of fines and fees. All counties shall
be subject to this Section, except that counties with a
population under 2,000,000 may, by ordinance, elect not to be
subject to this Section. For offenses subject to this Section,
judges shall impose one total sum of money payable for
violations. The circuit clerk may add on no additional amounts
except for amounts that are required by Sections 27.3a and
27.3c of this Act, Section 16-104c of the Vehicle Code, and
subsection (a) of Section 5-1101 of the Counties Code, unless
those amounts are specifically waived by the judge. With
respect to money collected by the circuit clerk as a result of
forfeiture of bail, ex parte judgment or guilty plea pursuant
to Supreme Court Rule 529, the circuit clerk shall first deduct
and pay amounts required by Sections 27.3a and 27.3c of this
Act. Unless a court ordered payment schedule is implemented or
fee requirements are waived pursuant to court order, the clerk
of the court may add to any unpaid fees and costs a delinquency
amount equal to 5% of the unpaid fees that remain unpaid after
30 days, 10% of the unpaid fees that remain unpaid after 60
days, and 15% of the unpaid fees that remain unpaid after 90
days. Notice to those parties may be made by signage posting or
publication. The additional delinquency amounts collected

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under this Section shall be deposited in the Circuit Court
Clerk Operation and Administrative Fund to be used to defray
administrative costs incurred by the circuit clerk in
performing the duties required to collect and disburse funds.
This Section is a denial and limitation of home rule powers and
functions under subsection (h) of Section 6 of Article VII of
the Illinois Constitution.
(b) In addition to any other fines and court costs assessed
by the courts, any person convicted or receiving an order of
supervision for driving under the influence of alcohol or drugs
shall pay an additional fee of $100 to the clerk of the circuit
court. This amount, less 2 1/2% that shall be used to defray
administrative costs incurred by the clerk, shall be remitted
by the clerk to the Treasurer within 60 days after receipt for
deposit into the Trauma Center Fund. This additional fee of
$100 shall not be considered a part of the fine for purposes of
any reduction in the fine for time served either before or
after sentencing. Not later than March 1 of each year the
Circuit Clerk shall submit a report of the amount of funds
remitted to the State Treasurer under this subsection during
the preceding calendar year.
(b-1) In addition to any other fines and court costs
assessed by the courts, any person convicted or receiving an
order of supervision for driving under the influence of alcohol
or drugs shall pay an additional fee of $5 to the clerk of the
circuit court. This amount, less 2 1/2% that shall be used to

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

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assessed by the courts, any person sentenced for a violation of
the Cannabis Control Act, the Illinois Controlled Substances
Act, or the Methamphetamine Control and Community Protection
Act shall pay an additional fee of $5 to the clerk of the
circuit court. This amount, less 2 1/2% that shall be used to
defray administrative costs incurred by the clerk, shall be
remitted by the clerk to the Treasurer within 60 days after
receipt for deposit into the Spinal Cord Injury Paralysis Cure
Research Trust Fund. This additional fee of $5 shall not be
considered a part of the fine for purposes of any reduction in
the fine for time served either before or after sentencing. Not
later than March 1 of each year the Circuit Clerk shall submit
a report of the amount of funds remitted to the State Treasurer
under this subsection during the preceding calendar year.
(d) The following amounts must be remitted to the State
Treasurer for deposit into the Illinois Animal Abuse Fund:
(1) 50% of the amounts collected for felony offenses
under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
Animals Act and Section 26-5 of the Criminal Code of 1961;
(2) 20% of the amounts collected for Class A and Class
B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
for Animals Act and Section 26-5 of the Criminal Code of
1961; and
(3) 50% of the amounts collected for Class C

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misdemeanors under Sections 4.01 and 7.1 of the Humane Care
for Animals Act and Section 26-5 of the Criminal Code of
1961.
(e) Any person who receives a disposition of court
supervision for a violation of the Illinois Vehicle Code or a
similar provision of a local ordinance shall, in addition to
any other fines, fees, and court costs, pay an additional fee
of $20, to be disbursed as provided in Section 16-104c of the
Illinois Vehicle Code. In addition to the fee of $20, the
person shall also pay a fee of $5, if not waived by the court.
If this $5 fee is collected, $4.50 of the fee shall be
deposited into the Circuit Court Clerk Operation and
Administrative Fund created by the Clerk of the Circuit Court
and 50 cents of the fee shall be deposited into the Prisoner
Review Board Vehicle and Equipment Fund in the State treasury.
(f) This Section does not apply to the additional child
pornography fines assessed and collected under Section
5-9-1.14 of the Unified Code of Corrections.
(g) Any person convicted of or pleading guilty to a serious
traffic violation, as defined in Section 1-187.001 of the
Illinois Vehicle Code, shall pay an additional fee of $20, to
be disbursed as provided in Section 16-104d of that Code. This
subsection (g) becomes inoperative 7 years after the effective
date of Public Act 95-154.
(h) In all counties having a population of 3,000,000 or
more inhabitants,

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(h-1) A person who is found guilty of or pleads guilty to
violating subsection (a) of Section 11-501 of the Illinois
Vehicle Code, including any person placed on court supervision
for violating subsection (a), shall be fined $500 as provided
for by subsection (f) of Section 11-501.01 of the Illinois
Vehicle Code, payable to the circuit clerk, who shall
distribute the money pursuant to subsection (f) of Section
11-501.01 of the Illinois Vehicle Code.
(h-2) When a crime laboratory DUI analysis fee of $150,
provided for by Section 5-9-1.9 of the Unified Code of
Corrections is assessed, it shall be disbursed by the circuit
clerk as provided by subsection (f) of Section 5-9-1.9 of the
Unified Code of Corrections.
(h-3) When a fine for a violation of Section 11-605.1 of
the Illinois Vehicle Code is $250 or greater, the person who
violated that Section shall be charged an additional $125 as
provided for by subsection (e) of Section 11-605.1 of the
Illinois Vehicle Code, which shall be disbursed by the circuit
clerk to a State or county Transportation Safety Highway
Hire-back Fund as provided by subsection (e) of Section
11-605.1 of the Illinois Vehicle Code.
(h-4) When a fine for a violation of subsection (a) of
Section 11-605 of the Illinois Vehicle Code is $150 or greater,
the additional $50 which is charged as provided for by
subsection (f) of Section 11-605 of the Illinois Vehicle Code
shall be disbursed by the circuit clerk to a school district or

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districts for school safety purposes as provided by subsection
(f) of Section 11-605.
(h-4.5) When a fine for a violation of subsection (a) of
Section 11-1002.5 of the Illinois Vehicle Code is $150 or
greater, the additional $50 which is charged as provided for by
subsection (c) of Section 11-1002.5 of the Illinois Vehicle
Code shall be disbursed by the circuit clerk to a school
district or districts for school safety purposes as provided by
subsection (c) of Section 11-1002.5 of the Illinois Vehicle
Code.
(h-5) When a mandatory drug court fee of up to $5 is
assessed as provided in subsection (f) of Section 5-1101 of the
Counties Code, it shall be disbursed by the circuit clerk as
provided in subsection (f) of Section 5-1101 of the Counties
Code.
(h-6) When a mandatory teen court, peer jury, youth court,
or other youth diversion program fee is assessed as provided in
subsection (e) of Section 5-1101 of the Counties Code, it shall
be disbursed by the circuit clerk as provided in subsection (e)
of Section 5-1101 of the Counties Code.
(h-7) When a Children's Advocacy Center fee is assessed
pursuant to subsection (f-5) of Section 5-1101 of the Counties
Code, it shall be disbursed by the circuit clerk as provided in
subsection (f-5) of Section 5-1101 of the Counties Code.
(h-8) When a victim impact panel fee is assessed pursuant
to subsection (b) of Section 11-501.01 of the Vehicle Code, it

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shall be disbursed by the circuit clerk to the victim impact
panel to be attended by the defendant.
(h-9) When a new fee collected in traffic cases is enacted
after the effective date of this subsection (h), it shall be
excluded from the percentage disbursement provisions of this
Section unless otherwise indicated by law.
(g) Of the amounts collected as fines under subsection (b)
of Section 3-712 of the Illinois Vehicle Code, 99% shall be
deposited into the Illinois Military Family Relief Fund and 1%
shall be deposited into the Circuit Court Clerk Operation and
Administrative Fund created by the Clerk of the Circuit Court
to be used to offset the costs incurred by the Circuit Court
Clerk in performing the additional duties required to collect
and disburse funds to entities of State and local government as
provided by law.
(Source: P.A. 94-556, eff. 9-11-05; 94-1009, eff. 1-1-07;
95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428, eff. 8-24-07;
95-600, eff. 6-1-08; 95-876, eff. 8-21-08.)