Rep. Steven A. Andersson

Filed: 5/23/2017

 

 


 

 


 
10000SB1328ham001LRB100 08307 MRW 26652 a

1
AMENDMENT TO SENATE BILL 1328

2    AMENDMENT NO. ______. Amend Senate Bill 1328 by replacing
3everything after the enacting clause with the following:
 
4
"Article 1. General Provisions

 
5    Section 1-1. Short title. This Act may be cited as the
6Criminal and Traffic Assessment Act.
 
7    Section 1-5. Definitions. In this Act:
8    "Assessment" means any costs imposed on a defendant under
9this Act.
10    "Business offense" means a petty offense for which the fine
11is in excess of $1,000.
12    "Case" means all charges and counts filed against a single
13defendant which are being prosecuted as a single proceeding
14before the court.
15    "Count" means each separate offense charged in the same

 

 

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1indictment, information, or complaint when the indictment,
2information, or complaint alleges the commission of more than
3one offense.
4    "Conservation offense" means any violation of the
5following Acts, Codes, or ordinances, except any offense
6punishable upon conviction by imprisonment in the
7penitentiary:
8        (1) Fish and Aquatic Life Code;
9        (2) Wildlife Code;
10        (3) Boat Registration and Safety Act;
11        (4) Park District Code;
12        (5) Chicago Park District Act;
13        (6) State Parks Act;
14        (7) State Forest Act;
15        (8) Forest Fire Protection District Act;
16        (9) Snowmobile Registration and Safety Act;
17        (10) Endangered Species Protection Act;
18        (11) Forest Products Transportation Act;
19        (12) Timber Buyers Licensing Act;
20        (13) Downstate Forest Preserve District Act;
21        (14) Exotic Weed Act;
22        (15) Ginseng Harvesting Act;
23        (16) Cave Protection Act;
24        (17) ordinances adopted under the Counties Code for the
25    acquisition of property for parks or recreational areas;
26        (18) Recreational Trails of Illinois Act;

 

 

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1        (19) Herptiles-Herps Act; or
2        (20) any rule, regulation, proclamation, or ordinance
3    adopted under any Code or Act named in paragraphs (1)
4    through 19 of this definition.
5    "Conviction" means a judgment of conviction or sentence
6entered upon a plea of guilty or upon a verdict or finding of
7guilty of an offense, rendered by a legally constituted jury or
8by a court of competent jurisdiction authorized to try the case
9without a jury.
10    "Drug offense" means any violation of the Cannabis Control
11Act, the Illinois Controlled Substances Act, the
12Methamphetamine Control and Community Protection Act, or any
13similar local ordinance which involves the possession or
14delivery of a drug.
15    "Drug-related emergency response" means the act of
16collecting evidence from or securing a site where controlled
17substances were manufactured, or where by-products from the
18manufacture of controlled substances are present, and cleaning
19up the site, whether these actions are performed by public
20entities or private contractors paid by public entities.
21    "Electronic citation" means the process of transmitting
22traffic, misdemeanor, municipal ordinance, conservation, or
23other citations and law enforcement data via electronic means
24to a circuit court clerk.
25    "Emergency response" means any incident requiring a
26response by a police officer, an ambulance, a firefighter

 

 

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1carried on the rolls of a regularly constituted fire department
2or fire protection district, a firefighter of a volunteer fire
3department, or a member of a recognized not-for-profit rescue
4or emergency medical service provider. "Emergency response"
5does not include a drug-related emergency response.
6    "Felony offense" means an offense for which a sentence to
7death or to a term of imprisonment in a penitentiary for one
8year or more is provided.
9    "Highest classified offense" means the offense in the case
10which carries the most severe potential disposition under
11Article 4.5 of the Unified Code of Corrections.
12    "Major traffic offense" means a traffic offense under the
13Illinois Vehicle Code or a similar provision of a local
14ordinance other than a petty offense or business offense.
15    "Minor traffic offense" means a petty offense or business
16offense under the Illinois Vehicle Code or a similar provision
17of a local ordinance.
18    "Misdemeanor offense" means any offense for which a
19sentence to a term of imprisonment in other than a penitentiary
20for less than one year may be imposed.
21    "Petty offense" means any offense for which a sentence of
22imprisonment is not an authorized disposition.
23    "Service provider costs" means costs incurred as a result
24of services provided by an entity including, but not limited
25to, traffic safety programs, laboratories, ambulance
26companies, and fire departments. "Service provider costs"

 

 

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1includes conditional amounts under this Act that are
2reimbursements for services provided.
3    "Street value" means the amount determined by the court on
4the basis of testimony of law enforcement personnel and the
5defendant as to the amount of drug or materials seized and any
6testimony as may be required by the court as to the current
7street value of the cannabis, controlled substance,
8methamphetamine or salt of an optical isomer of
9methamphetamine, or methamphetamine manufacturing materials
10seized.
11    "Supervision" means a disposition of conditional and
12revocable release without probationary supervision, but under
13the conditions and reporting requirements as are imposed by the
14court, at the successful conclusion of which disposition the
15defendant is discharged and a judgment dismissing the charges
16is entered.
 
17
Article 5. Assessment Procedures

 
18    Section 5-5. Minimum fine. Unless otherwise specified by
19law, the minimum fine for a conviction is $25. If the court
20finds that the fine would impose an undue burden on the victim,
21the court may reduce or waive the fine.
 
22    Section 5-10. Schedules; payment.
23    (a) In each case, the court shall order an assessment, as

 

 

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1set forth in this Act, for a defendant to pay in addition to
2any fine, restitution, or forfeiture ordered by the court when
3the defendant is convicted of, pleads guilty to, or is placed
4on court supervision for a violation of a statute of this State
5or a similar local ordinance. The court may order a fine,
6restitution, or forfeiture on any violation that is being
7sentenced but shall order only one assessment from the Schedule
8of Assessments 1 through 13 of this Act for all sentenced
9violations in a case, that being the schedule applicable to the
10highest classified offense violation that is being sentenced,
11plus any conditional assessments under Section 15-70 of this
12Act applicable to any sentenced violation in the case.
13    (b) If the court finds that the schedule of assessments
14will cause an undue burden on any victim in a case or if the
15court orders community service or some other punishment in
16place of the a schedule of assessments, the court may reduce
17the amount set forth in the applicable schedule of assessments
18or not order the applicable schedule of assessments. If the
19court reduces the amount set forth in the applicable schedule
20of assessments, then all recipients of the funds collected will
21receive a prorated amount to reflect the reduction.
22    (c) The court may order the assessments to be paid
23forthwith or within a specified period of time or in
24installments.
25    (c-3) Excluding any ordered conditional assessment, if the
26assessment is not paid within the period of probation,

 

 

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1conditional discharge, or supervision to which the defendant
2was originally sentenced, the court may extend the period of
3probation, conditional discharge, or supervision under Section
45-6-2 or 5-6-3.1 of the Unified Code of Corrections, as
5applicable, until the assessment is paid or until successful
6completion of public or community service set forth in
7subsection (b) of Section 5-20 of this Act or the successful
8completion of the substance abuse intervention or treatment
9program set forth in subsection (c-5) of this Section.
10    (c-5) Excluding any ordered conditional assessment, the
11court may suspend the collection of the assessment; provided,
12the defendant agrees to enter a substance abuse intervention or
13treatment program approved by the court; and further provided
14that the defendant agrees to pay for all or some portion of the
15costs associated with the intervention or treatment program. In
16this case, the collection of the assessment shall be suspended
17during the defendant's participation in the approved
18intervention or treatment program. Upon successful completion
19of the program, the defendant may apply to the court to reduce
20the assessment imposed under this Section by any amount
21actually paid by the defendant for his or her participation in
22the program. The court shall not reduce the assessment under
23this subsection unless the defendant establishes to the
24satisfaction of the court that he or she has successfully
25completed the intervention or treatment program. If the
26defendant's participation is for any reason terminated before

 

 

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1his or her successful completion of the intervention or
2treatment program, collection of the entire assessment imposed
3under this Act shall be enforced. Nothing in this Section shall
4be deemed to affect or suspend any other fines, restitution
5costs, forfeitures, or assessments imposed under this or any
6other Act.
7    (d) Except as provided in Section 5-15 of this Act, the
8defendant shall pay to the clerk of the court and the clerk
9shall remit the assessment to the appropriate entity as set
10forth in the ordered schedule of assessments within one month
11of its receipt.
 
12    Section 5-15. Service provider costs. Unless otherwise
13provided in Article II of this Act, the defendant shall pay
14service provider costs to the entity that provided the service.
15Service provider costs are not eligible for credit for time
16served, substitution of community service, or waiver. The
17circuit court may, through administrative order or local rule,
18appoint the clerk of the court as the receiver and remitter of
19certain service provider costs, which may include, but are not
20limited to, probation fees, traffic school fees, or drug or
21alcohol testing fees.
 
22    Section 5-20. Credit; time served; community service.
23    (a) Any credit for time served prior to sentencing that reduces
24the amount a defendant is required to pay shall be deducted

 

 

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1first from the fine, if any, ordered by the court. Any
2remainder of the credit shall be equally divided between the
3assessments indicated in the ordered schedule and conditional
4assessments.
5    (b) Excluding any ordered conditional assessment, a
6defendant who has been ordered to pay an assessment may
7petition the court to convert all or part of the assessment
8into court-approved public or community service. One hour of
9public or community service shall be equivalent to $4 of
10assessment. The performance of this public or community service
11shall be a condition of probation, conditional discharge, or
12supervision and shall be in addition to the performance of any
13other period of public or community service ordered by the
14court or required by law.
 
15
Article 10. Funds

 
16    Section 10-5. Funds.
17    (a) All money collected by the Clerk of the Circuit Court
18under Article II of this Act shall be remitted as directed in
19Article II of this Act to the county treasurer, to the State
20Treasurer, and to the treasurers of the units of local
21government. If an amount payable to any of the treasurers is
22less than $10, the clerk may postpone remitting the money until
23$10 has accrued or by the end of fiscal year. The treasurers
24shall deposit the money as indicated in the schedules, except

 

 

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1in a county with a population of over 3,000,000 monies remitted
2to the county treasurer shall be subject to appropriation by
3the county board. For Schedule of Assessments 5 through 11, $15
4shall be deducted from the money paid to the county treasurer
5for the county General Fund and remitted to the treasurer of
6the unit of local government if the violation was prosecuted by
7the prosecuting attorney for that unit of local government.
8    (b) The county treasurer or the treasurer of the unit of
9local government may create the funds indicated in paragraphs
10(1) through (5), (9), and (16) of subsection (d) of this
11Section, if not already in existence. If a county or unit of
12local government has not instituted, and does not plan to
13institute a program that uses a particular fund, the treasurer
14need not create the fund and may instead deposit the money
15intended for the fund into the general fund of the county or
16unit of local government for use in financing the court system.
17    (c) If the arresting agency is a State agency, the
18arresting agency portion shall be remitted by the clerk of
19court to the State Treasurer who shall deposit the portion as
20follows:
21        (1) if the arresting agency is the Department of State
22    Police, into the State Police Operations Assistance Fund;
23        (2) if the arresting agency is the Department of
24    Natural Resources, into the Conservation Police Operations
25    Assistance Fund;
26        (3) if the arresting agency is the Secretary of State,

 

 

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1    into the Secretary of State Police Services Fund; and
2        (4) if the arresting agency is the Illinois Commerce
3    Commission, into the Public Utility Fund.
4    (d) Fund descriptions and provisions:
5        (1) The Court Automation Fund is to defray the expense,
6    borne by the county, of establishing and maintaining
7    automated record keeping systems in the Office of the Clerk
8    of the Circuit Court. The money shall be remitted monthly
9    by the clerk to the county treasurer and identified as
10    funds for the Circuit Court Clerk. The fund shall be
11    audited by the county auditor, and the board shall make
12    expenditures from the fund in payment of any costs related
13    to the automation of court records including hardware,
14    software, research and development costs, and personnel
15    costs related to the foregoing, provided that the
16    expenditure is approved by the clerk of the court and by
17    the chief judge of the circuit court or his or her
18    designee.
19        (2) The Document Storage Fund is to defray the expense,
20    borne by the county, of establishing and maintaining a
21    document storage system and convert the records of the
22    circuit court clerk to electronic or micrographic storage.
23    The money shall be remitted monthly by the clerk to the
24    county treasurer and identified as funds for the circuit
25    court clerk. The fund shall be audited by the county
26    auditor, and the board shall make expenditure from the fund

 

 

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1    in payment of any cost related to the storage of court
2    records, including hardware, software, research and
3    development costs, and personnel costs related to the
4    foregoing, provided that the expenditure is approved by the
5    clerk of the court.
6        (3) The Circuit Clerk Operations and Administration
7    Fund is to defray the expenses incurred for collection and
8    disbursement of the various assessment schedules. The
9    money shall be remitted monthly by the clerk to the county
10    treasurer and identified as funds for the circuit court
11    clerk.
12        (4) The State's Attorney Records Automation Fund is to
13    defray the expense of establishing and maintaining
14    automated record keeping systems in the offices of the
15    State's Attorney. The money shall be remitted monthly by
16    the clerk to the county treasurer for deposit into the
17    State's Attorney Records Automation Fund. Expenditures
18    from this fund may be made by the State's Attorney for
19    hardware, software, and research and development related
20    to automated record keeping systems.
21        (5) The Public Defender Records Automation Fund is to
22    defray the expense of establishing and maintaining
23    automated record keeping systems in the offices of the
24    Public Defender. The money shall be remitted monthly by the
25    clerk to the county treasurer for deposit into the Public
26    Defender Records Automation Fund. Expenditures from this

 

 

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1    fund may be made by the Public Defender for hardware,
2    software, and research and development related to
3    automated record keeping systems.
4        (6) The DUI Fund shall be used for enforcement and
5    prevention of driving while under the influence of alcohol,
6    other drug or drugs, intoxicating compound or compounds or
7    any combination thereof, as defined by Section 11-501 of
8    the Illinois Vehicle Code, including, but not limited to,
9    the purchase of law enforcement equipment and commodities
10    that will assist in the prevention of alcohol-related
11    criminal violence throughout the State; police officer
12    training and education in areas related to alcohol related
13    crime, including, but not limited to, DUI training; and
14    police officer salaries, including, but not limited to,
15    salaries for hire back funding for safety checkpoints,
16    saturation patrols, and liquor store sting operations. Any
17    moneys received by the Department of State Police shall be
18    deposited into the State Police Operations Assistance Fund
19    and those moneys and moneys in the State Police DUI Fund
20    shall be used to purchase law enforcement equipment that
21    will assist in the prevention of alcohol related criminal
22    violence throughout the State. The money shall be remitted
23    monthly by the clerk to the State or local treasurer for
24    deposit as provided by law.
25        (7) The Trauma Center Fund shall be distributed as
26    provided under Section 3.225 of the Emergency Medical

 

 

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1    Services (EMS) Systems Act.
2        (8) The Probation and Court Services Fund is to be
3    expended as described in Section 15.1 of the Probation and
4    Probation Officers Act.
5        (9) The Circuit Court Clerk Electronic Citation Fund
6    shall have the Circuit Court Clerk as the custodian, ex
7    officio, of the Fund and shall be used to perform the
8    duties required by the office for establishing and
9    maintaining electronic citations. The Fund shall be
10    audited by the county's auditor.
11        (10) The Drug Treatment Fund is a special fund in the
12    State treasury. Moneys in the Fund shall be expended as
13    provided in Section 411.2 of the Illinois Controlled
14    Substances Act.
15        (11) The Violent Crime Victims Assistance Fund is a
16    special fund in the State treasury to provide moneys for
17    the grants to be awarded under the Violent Crime Victims
18    Assistance Act.
19        (12) The Criminal Justice Information Projects Fund
20    shall be appropriated to and administered by the Illinois
21    Criminal Justice Information Authority for distribution to
22    fund Department of State Police drug task forces and
23    Metropolitan Enforcement Groups, for the costs associated
24    with making grants from the Prescription Pill and Drug
25    Disposal Fund, for undertaking criminal justice
26    information projects, and for the operating and other

 

 

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1    expenses of the Authority incidental to those criminal
2    justice information projects. The moneys deposited into
3    the Criminal Justice Information Projects Fund under
4    Sections 15-15 and 15-35 of this Act shall be appropriated
5    to and administered by the Illinois Criminal Justice
6    Information Authority for distribution to fund Department
7    of State Police drug task forces and Metropolitan
8    Enforcement Groups by dividing the funds equally by the
9    total number of Department of State Police drug task forces
10    and Illinois Metropolitan Enforcement Groups.
11        (13) The Sexual Assault Services Fund shall be
12    appropriated to the Department of Public Health. Upon
13    appropriation of moneys from the Sexual Assault Services
14    Fund, the Department of Public Health shall make grants of
15    these moneys to sexual assault organizations with whom the
16    Department has contracts for the purpose of providing
17    community-based services to victims of sexual assault.
18    Grants are in addition to, and are not substitutes for,
19    other grants authorized and made by the Department.
20        (14) The County Jail Medical Costs Fund is to help
21    defray the costs outlined in Section 17 of the County Jail
22    Act. Moneys in the Fund shall be used solely for
23    reimbursement to the county of costs for medical expenses
24    and administration of the Fund.
25        (15) The Prisoner Review Board Vehicle and Equipment
26    Fund is a special fund in the State treasury. The Prisoner

 

 

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1    Review Board shall, subject to appropriation by the General
2    Assembly and approval by the Secretary, use all moneys in
3    the Prisoner Review Board Vehicle and Equipment Fund for
4    the purchase and operation of vehicles and equipment.
5        (16) In each county in which Court Appointed Special
6    Advocates provide services, a Child Advocacy Center Fund,
7    specifically for the operations of the Court Appointed
8    Special Advocates, from which the county board shall make
9    grants to support the activities and services of the Court
10    Appointed Special Advocates within that county. The term
11    "Court Appointed Special Advocates" is copyrighted and is
12    used with permission of the holder of the copyright.
 
13
Article 15. Assessment Schedules

 
14    Section 15-5. SCHEDULE 1; generic felony offenses.
15SCHEDULE 1: Unless assessments are imposed by the court under
16another schedule of this Act, for a felony offense, the Clerk
17of the Circuit Court shall collect $464 and remit as follows:
18    (1) As the county's portion, $304 to the county treasurer,
19who shall deposit the money as follows:
20        (A) $20 into the Court Automation Fund;
21        (B) $20 into the Court Document Storage Fund;
22        (C) $5 into the Circuit Court Clerk Operation and
23    Administrative Fund;
24        (D) $225 into the county's General Fund;

 

 

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1        (E) $10 into the Child Advocacy Center Fund;
2        (F) $2 into the State's Attorney Records Automation
3    Fund;
4        (G) $2 into the Public Defender Records Automation
5    Fund;
6        (H) $10 into the County Jail Medical Costs Fund; and
7        (I) $10 into the Probation and Court Services Fund.
8    (2) As the State's portion, $160 to the State Treasurer,
9who shall deposit the money as follows:
10        (A) $40 into the State Police Operations Assistance
11    Fund;
12        (B) $100 into the Violent Crime Victims Assistance
13    Fund;
14        (C) $5 into the State Police Merit Board Public Safety
15    Fund; and
16        (D) $15 into the Traffic and Criminal Conviction
17    Surcharge Fund.
 
18    Section 15-10. SCHEDULE 2; felony DUI offenses. SCHEDULE 2:
19For a felony under Section 11-501 of the Illinois Vehicle Code,
20Section 5-7 of the Snowmobile Registration and Safety Act,
21Section 5-16 of the Boat Registration and Safety Act, or a
22similar provision of a local ordinance, the Clerk of the
23Circuit Court shall collect $1,584 and remit as follows:
24    (1) As the county's portion, $304 to the county treasurer,
25who shall deposit the money as follows:

 

 

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1        (A) $20 into the Court Automation Fund;
2        (B) $20 into the Court Document Storage Fund;
3        (C) $5 into the Circuit Court Clerk Operation and
4    Administrative Fund;
5        (D) $225 into the county's General Fund;
6        (E) $10 into the Child Advocacy Center Fund;
7        (F) $2 into the State's Attorney Records Automation
8    Fund;
9        (G) $2 into the Public Defender Records Automation
10    Fund;
11        (H) $10 into the County Jail Medical Costs Fund; and
12        (I) $10 into the Probation and Court Services Fund.
13    (2) As the State's portion, $1,080 to the State Treasurer,
14who shall deposit the money as follows:
15        (A) $730 into the State Police Operations Assistance
16    Fund;
17        (B) $75 into the Violent Crime Victims Assistance Fund;
18        (C) $5 into the Drivers Education Fund;
19        (D) $100 into the Trauma Center Fund;
20        (E) $5 into the Spinal Cord Injury Paralysis Cure
21    Research Trust Fund;
22        (F) $5 into the State Police Merit Board Public Safety
23    Fund;
24        (G) $155 into the Traffic and Criminal Conviction
25    Surcharge Fund; and
26        (H) $5 into the Law Enforcement Camera Grant Fund.

 

 

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1    (3) As the arresting agency's portion, $200 to the
2treasurer of the unit of local government of the arresting
3agency, who shall deposit the money into the DUI Fund of that
4unit of local government or as provided in subsection (c) of
5Section 10-5 of this Act if the arresting agency is a State
6agency, unless more than one agency is responsible for the
7arrest in which case the amount shall be remitted to each unit
8of government equally.
 
9    Section 15-15. SCHEDULE 3; felony drug offenses. SCHEDULE
103: For a felony under the Illinois Controlled Substances Act,
11the Cannabis Control Act, or the Methamphetamine Control and
12Community Protection Act, the Clerk of the Circuit Court shall
13collect $2,135 and remit as follows:
14    (1) As the county's portion, $304 to the county treasurer,
15who shall deposit the money as follows:
16        (A) $20 into the Court Automation Fund;
17        (B) $20 into the Court Document Storage Fund;
18        (C) $5 into the Circuit Court Clerk Operation and
19    Administrative Fund;
20        (D) $225 into the county's General Fund;
21        (E) $10 into the Child Advocacy Center Fund;
22        (F) $2 into the State's Attorney Records Automation
23    Fund;
24        (G) $2 into the Public Defender Records Automation
25    Fund;

 

 

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1        (H) $10 into the County Jail Medical Costs Fund; and
2        (I) $10 into the Probation and Court Services Fund.
3    (2) As the State's portion, $1,831 to the State Treasurer,
4who shall deposit the money as follows:
5        (A) $40 into the State Police Operations Assistance
6    Fund;
7        (B) $100 into the Violent Crime Victims Assistance
8    Fund;
9        (C) $100 into the Trauma Center Fund; and
10        (D) $5 into the Spinal Cord Injury Paralysis Cure
11    Research Trust Fund;
12        (E) $1,500 into the Drug Treatment Fund;
13        (F) $5 into the State Police Merit Board Public Safety
14    Fund;
15        (G) $38 into the Prescription Pill and Drug Disposal
16    Fund;
17        (H) $28 into the Criminal Justice Information Projects
18    Fund; and
19        (I) $15 into the Traffic and Criminal Conviction
20    Surcharge Fund.
 
21    Section 15-20. SCHEDULE 4; felony sex offenses. SCHEDULE 4:
22For a felony or attempted felony under Article 11 or Section
2312-33 of the Criminal Code of 2012, the Clerk of the Circuit
24Court shall collect $1,144 and remit as follows:
25    (1) As the county's portion, $304 to the county treasurer,

 

 

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1who shall deposit the money as follows:
2        (A) $20 into the Court Automation Fund;
3        (B) $20 into the Court Document Storage Fund;
4        (C) $5 into the Circuit Court Clerk Operation and
5    Administrative Fund;
6        (D) $225 into the county's General Fund;
7        (E) $10 into the Child Advocacy Center Fund;
8        (F) $2 into the State's Attorney Records Automation
9    Fund;
10        (G) $2 into the Public Defender Records Automation
11    Fund;
12        (H) $10 into the County Jail Medical Costs Fund; and
13        (I) $10 into the Probation and Court Services Fund.
14    (2) As the State's portion, $840 to the State Treasurer,
15who shall deposit the money as follows:
16        (A) $520 into the State Police Operations Assistance
17    Fund;
18        (B) $100 into the Violent Crime Victims Assistance
19    Fund;
20        (C) $100 into the Sexual Assault Services Fund;
21        (D) $100 into the Domestic Violence Shelter and
22    Services Fund;
23        (E) $5 into the State Police Merit Board Public Safety
24    Fund; and
25        (F) $15 into the Traffic and Criminal Conviction
26    Surcharge Fund.
 

 

 

10000SB1328ham001- 22 -LRB100 08307 MRW 26652 a

1    Section 15-25. SCHEDULE 5; generic misdemeanor offenses.
2SCHEDULE 5: Unless assessments are imposed under another
3schedule of this Act, for a misdemeanor offense, the Clerk of
4the Circuit Court shall collect $405 and remit as follows:
5    (1) As the county's portion, $243 to the county treasurer,
6who shall deposit the money as follows:
7        (A) $20 into the Court Automation Fund;
8        (B) $20 into the Court Document Storage Fund;
9        (C) $5 into the Circuit Court Clerk Operation and
10    Administrative Fund;
11        (D) $8 into the Circuit Court Clerk Electronic Citation
12    Fund;
13        (E) $160 into the county's General Fund;
14        (F) $10 into the Child Advocacy Center Fund;
15        (G) $10 into the County Jail Medical Costs Fund; and
16        (H) $10 into the Probation and Court Services Fund.
17    (2) As the State's portion, $160 to the State Treasurer,
18who shall deposit the money as follows:
19        (A) $40 into the State Police Operations Assistance
20    Fund;
21        (B) $5 into the State Police Merit Board Public Safety
22    Fund;
23        (C) $100 into the Violent Crime Victims Assistance
24    Fund; and
25        (D) $15 into the Traffic and Criminal Conviction

 

 

10000SB1328ham001- 23 -LRB100 08307 MRW 26652 a

1    Surcharge Fund.
2    (3) As the arresting agency's portion, $2, to the treasurer
3of the unit of local government of the arresting agency, who
4shall deposit the money into the E-citation Fund of that unit
5of local government or as provided in subsection (c) of Section
610-5 of this Act if the arresting agency is a State agency,
7unless more than one agency is responsible for the arrest in
8which case the amount shall be remitted to each unit of
9government equally.
 
10    Section 15-30. SCHEDULE 6; misdemeanor DUI offenses.
11SCHEDULE 6: For a misdemeanor under Section 11-501 of the
12Illinois Vehicle Code, Section 5-7 of the Snowmobile
13Registration and Safety Act, Section 5-16 of the Boat
14Registration and Safety Act, or a similar provision of a local
15ordinance, the Clerk of the Circuit Court shall collect $1,281
16and remit as follows:
17    (1) As the county's portion, $243 to the county treasurer,
18who shall deposit the money as follows:
19        (A) $20 into the Court Automation Fund;
20        (B) $20 into the Court Document Storage Fund;
21        (C) $5 into the Circuit Court Clerk Operation and
22    Administrative Fund;
23        (D) $8 into the Circuit Court Clerk Electronic Citation
24    Fund;
25        (E) $160 into the county's General Fund;

 

 

10000SB1328ham001- 24 -LRB100 08307 MRW 26652 a

1        (F) $10 into the Child Advocacy Center Fund;
2        (G) $10 into the County Jail Medical Costs Fund; and
3        (H) $10 into the Probation and Court Services Fund.
4    (2) As the State's portion, $686 to the State Treasurer,
5who shall deposit the money as follows:
6        (A) $315 into the State Police Operations Assistance
7    Fund;
8        (B) $75 into the Violent Crime Victims Assistance Fund;
9        (C) $5 into the Drivers Education Fund;
10        (D) $5 into the State Police Merit Board Public Safety
11    Fund;
12        (E) $100 into the Trauma Center Fund;
13        (F) $5 into the Spinal Cord Injury Paralysis Cure
14    Research Trust Fund;
15        (G) $21 into the Fire Prevention Fund;
16        (H) $155 into the Traffic and Criminal Conviction
17    Surcharge Fund; and
18        (I) $5 into the Law Enforcement Camera Grant Fund.
19    (3) As the arresting agency's portion, $352 as follows,
20unless more than one agency is responsible for the arrest in
21which case the amount shall be remitted to each unit of
22government equally:
23        (A) if the arresting agency is a local agency to the
24    treasurer of the unit of local government of the arresting
25    agency, who shall deposit the money as follows:
26            (i) $2 into the E-citation Fund of the unit of

 

 

10000SB1328ham001- 25 -LRB100 08307 MRW 26652 a

1        local government; and
2            (ii) $350 into the DUI Fund of the unit of local
3        government; or
4        (B) as provided in subsection (c) of Section 10-5 of
5    this Act if the arresting agency is a State agency.
 
6    Section 15-35. SCHEDULE 7; misdemeanor drug offenses.
7SCHEDULE 7: For a misdemeanor under the Illinois Controlled
8Substances Act, the Cannabis Control Act, or the
9Methamphetamine Control and Community Protection Act, the
10Clerk of the Circuit Court shall collect $876 and remit as
11follows:
12    (1) As the county's portion, $243 to the county treasurer,
13who shall deposit the money as follows:
14        (A) $20 into the Court Automation Fund;
15        (B) $20 into the Court Document Storage Fund;
16        (C) $5 into the Circuit Court Clerk Operation and
17    Administrative Fund;
18        (D) $8 into the Circuit Court Clerk Electronic Citation
19    Fund;
20        (E) $160 into the county's General Fund;
21        (F) $10 into the Child Advocacy Center Fund;
22        (G) $10 into the County Jail Medical Costs Fund; and
23        (H) $10 into the Probation and Court Services Fund.
24    (2) As the State's portion, $631 to the State Treasurer,
25who shall deposit the money as follows:

 

 

10000SB1328ham001- 26 -LRB100 08307 MRW 26652 a

1        (A) $40 into the State Police Operations Assistance
2    Fund;
3        (B) $100 into the Violent Crime Victims Assistance
4    Fund;
5        (C) $100 into the Trauma Center Fund;
6        (D) $5 into the Spinal Cord Injury Paralysis Cure
7    Research Trust Fund;
8        (E) $300 into the Drug Treatment Fund;
9        (F) $38 into the Prescription Pill and Drug Disposal
10    Fund;
11        (G) $28 into the Criminal Justice Information Projects
12    Fund;
13        (H) $5 into the State Police Merit Board Public Safety
14    Fund; and
15        (I) $15 into the Traffic and Criminal Conviction
16    Surcharge Fund.
17    (3) As the arresting agency's portion, $2, to the treasurer
18of the unit of local government of the arresting agency, who
19shall deposit the money into the E-citation Fund of that unit
20of local government or as provided in subsection (c) of Section
2110-5 of this Act if the arresting agency is a State agency,
22unless more than one agency is responsible for the arrest in
23which case the amount shall be remitted to each unit of
24government equally.
 
25    Section 15-40. SCHEDULE 8; misdemeanor sex offenses.

 

 

10000SB1328ham001- 27 -LRB100 08307 MRW 26652 a

1SCHEDULE 8: For a misdemeanor or attempted misdemeanor under
2Article 11 of the Criminal Code of 2012, the Clerk of the
3Circuit Court shall collect $1,065 and remit as follows:
4    (1) As the county's portion, $243 to the county treasurer,
5who shall deposit the money as follows:
6        (A) $20 into the Court Automation Fund;
7        (B) $20 into the Court Document Storage Fund;
8        (C) $5 into the Circuit Court Clerk Operation and
9    Administrative Fund;
10        (D) $8 into the Circuit Court Clerk Electronic Citation
11    Fund;
12        (E) $160 into the county's General Fund;
13        (F) $10 into the Child Advocacy Center Fund;
14        (G) $10 into the County Jail Medical Costs Fund; and
15        (H) $10 into the Probation and Court Services Fund.
16    (2) As the State's portion, $820 to the State Treasurer,
17who shall deposit the money as follows:
18        (A) $500 into the State Police Operations Assistance
19    Fund;
20        (B) $100 into the Violent Crime Victims Assistance
21    Fund;
22        (C) $100 into the Sexual Assault Services Fund;
23        (D) $100 into the Domestic Violence Shelter and Service
24    Fund;
25        (E) $5 into the State Police Merit Board Public Safety
26    Fund; and

 

 

10000SB1328ham001- 28 -LRB100 08307 MRW 26652 a

1        (F) $15 into the Traffic and Criminal Conviction
2    Surcharge Fund.
3    (3) As the arresting agency's portion, $2, to the treasurer
4of the unit of local government of the arresting agency, who
5shall deposit the money into the E-citation Fund of that unit
6of local government or as provided in subsection (c) of Section
710-5 of this Act if the arresting agency is a State agency,
8unless more than one agency is responsible for the arrest in
9which case the amount shall be remitted to each unit of
10government equally.
 
11    Section 15-45. SCHEDULE 9; major traffic offenses.
12SCHEDULE 9: For a major traffic offense, the Clerk of the
13Circuit Court shall collect $301 plus, if applicable, the
14amount established under paragraph (1.5) of this Section and
15remit as follows:
16    (1) As the county's portion, $198 to the county treasurer,
17who shall deposit the money as follows:
18        (A) $20 into the Court Automation Fund;
19        (B) $20 into the Court Document Storage Fund;
20        (C) $5 into the Circuit Court Clerk Operation and
21    Administrative Fund;
22        (D) $8 into the Circuit Court Clerk Electronic Citation
23    Fund; and
24        (E) $145 into the county's General Fund.
25    (1.5) In a county with a population of 3,000,000 or more,

 

 

10000SB1328ham001- 29 -LRB100 08307 MRW 26652 a

1the county board may by ordinance or resolution establish an
2additional assessment not to exceed $24 to be remitted to the
3county treasurer to be used for purposes related to the
4operation of the court system.
5    (2) As the State's portion, $101 to the State Treasurer,
6who shall deposit the money as follows:
7        (A) $20 into the State Police Operations Assistance
8    Fund;
9        (B) $5 into the Drivers Education Fund;
10        (C) $5 into the State Police Merit Board Public Safety
11    Fund;
12        (D) $21 into the Fire Prevention Fund; and
13        (E) $50 into the Traffic and Criminal Conviction
14    Surcharge Fund.
15    (3) As the arresting agency's portion, $2, to the treasurer
16of the unit of local government of the arresting agency, who
17shall deposit the money into the E-citation Fund of that unit
18of local government or as provided in subsection (c) of Section
1910-5 of this Act if the arresting agency is a State agency,
20unless more than one agency is responsible for the arrest in
21which case the amount shall be remitted to each unit of
22government equally.
 
23    Section 15-50. SCHEDULE 10; minor traffic offenses.
24SCHEDULE 10: For a minor traffic offense, the Clerk of the
25Circuit Court shall collect $166 and remit as follows:

 

 

10000SB1328ham001- 30 -LRB100 08307 MRW 26652 a

1    (1) As the county's portion, $123 to the county treasurer,
2who shall deposit the money as follows:
3        (A) $20 into the Court Automation Fund;
4        (B) $20 into the Court Document Storage Fund;
5        (C) $5 into the Circuit Court Clerk Operation and
6    Administrative Fund;
7        (D) $8 into the Circuit Court Clerk Electronic Citation
8    Fund; and
9        (E) $70 into the county's General Fund.
10    (2) As the State's portion, $41 to the State Treasurer, who
11shall deposit the money as follows:
12        (A) $10 into the State Police Operations Assistance
13    Fund;
14        (B) $5 into the State Police Merit Board Public Safety
15    Fund;
16        (C) $5 into the Drivers Education Fund;
17        (D) $1 into the Fire Prevention Fund;
18        (E) $15 into the Traffic and Criminal Conviction
19    Surcharge Fund; and
20        (G) $5 into the Law Enforcement Camera Grant Fund.
21    (3) As the arresting agency's portion, $2, to the treasurer
22of the unit of local government of the arresting agency, who
23shall deposit the money into the E-citation Fund of that unit
24of local government or as provided in subsection (c) of Section
2510-5 of this Act if the arresting agency is a State agency,
26unless more than one agency is responsible for the arrest in

 

 

10000SB1328ham001- 31 -LRB100 08307 MRW 26652 a

1which case the amount shall be remitted to each unit of
2government equally.
 
3    Section 15-55. SCHEDULE 11; conservation offenses.
4SCHEDULE 11: For a conservation offense, the Clerk of the
5Circuit Court shall collect $140 and remit as follows:
6    (1) As the county's portion, $123, to the county treasurer,
7who shall deposit the money as follows:
8        (A) $20 into the Court Automation Fund;
9        (B) $20 into the Court Document Storage Fund;
10        (C) $5 into the Circuit Court Clerk Operation and
11    Administrative Fund;
12        (D) $8 into the Circuit Court Clerk Electronic Citation
13    Fund; and
14        (E) $70 into the county's General Fund.
15    (2) As the State's portion, $15, to the State Treasurer,
16who shall deposit the money into the Conservation Police
17Operations Assistance Fund.
18    (3) As the arresting agency's portion, $2, to the treasurer
19of the unit of local government of the arresting agency, who
20shall deposit the money into the E-citation Fund of that unit
21of local government or as provided in subsection (c) of Section
2210-5 of this Act if the arresting agency is a State agency,
23unless more than one agency is responsible for the arrest in
24which case the amount shall be remitted to each unit of
25government equally.
 

 

 

10000SB1328ham001- 32 -LRB100 08307 MRW 26652 a

1    Section 15-60. SCHEDULE 12; dispositions under Supreme
2Court Rule 529. SCHEDULE 12: For a disposition under Supreme
3Court Rule 529, the Clerk of the Circuit Court shall collect
4$159 and remit as follows:
5    (1) As the county's portion, $83, to the county treasurer,
6who shall deposit the money as follows:
7        (A) $20 into the Court Automation Fund;
8        (B) $20 into the Court Document Storage Fund;
9        (C) $5 into the Circuit Court Clerk Operation and
10    Administrative Fund;
11        (D) $8 into the Circuit Court Clerk Electronic Citation
12    Fund; and
13        (E) $30 into the county's General Fund.
14    (2) As the State's portion, $49 to the State Treasurer, who
15shall deposit the money as follows:
16        (A) $10 into the State Police Operations Assistance
17    Fund;
18        (B) $5 into the Drivers Education Fund;
19        (C) $8 into the State Police Merit Board Public Safety
20    Fund;
21        (D) $21 into the Traffic and Criminal Conviction
22    Surcharge Fund; and
23        (E) $5 into the Law Enforcement Camera Grant Fund.
24    (3) As the arresting agency's portion, $27 as follows,
25unless more than one agency is responsible for the arrest in

 

 

10000SB1328ham001- 33 -LRB100 08307 MRW 26652 a

1which case the amount shall be remitted to each unit of
2government equally:
3        (A) if the arresting agency is a local agency to the
4    treasurer of the unit of local government of the arresting
5    agency, who shall deposit the money as follows:
6            (i) $2 into the E-citation Fund of the unit of
7        local government; and
8            (ii) $25 into the General Fund of the unit of local
9        government; or
10        (B) as provided in subsection (c) of Section 10-5 of
11    this Act if the arresting agency is a State agency.
 
12    Section 15-65. SCHEDULE 13; non-traffic violations.
13SCHEDULE 13: For a petty offense, business offense, or
14non-traffic ordinance violation, the Clerk of the Circuit Court
15shall collect $90 and remit as follows:
16    (1) As the county's portion, $73, to the county treasurer,
17who shall deposit the money as follows:
18        (A) $20 into the Court Automation Fund;
19        (B) $20 into the Court Document Storage Fund;
20        (C) $5 into the Circuit Court Clerk Operation and
21    Administrative Fund;
22        (D) $8 into the Circuit Court Clerk Electronic Citation
23    Fund; and
24        (E) $20 into the county's General Fund.
25    (2) As the arresting agency's portion, $17 as follows,

 

 

10000SB1328ham001- 34 -LRB100 08307 MRW 26652 a

1unless more than one agency is responsible for the arrest in
2which case the amount shall be remitted to each unit of
3government equally:
4        (A) if the arresting agency is a local agency to the
5    treasurer of the unit of local government of the arresting
6    agency, who shall deposit the money as follows:
7            (i) $2 into the E-citation Fund of the unit of
8        local government; and
9            (ii) $15 into the General Fund of the unit of local
10        government; or
11        (B) as provided in subsection (c) of Section 10-5 of
12    this Act if the arresting agency is a State agency.
 
13    Section 15-70. CONDITIONAL ASSESSMENTS.
14    CONDITIONAL ASSESSMENTS: In addition to payments under one
15of the Schedule of Assessments 1 through 13 of this Act, the
16court shall also order payment of any of the following
17conditional assessment amounts for each sentenced violation in
18the case to which a conditional assessment is applicable, which
19shall be collected and remitted by the Clerk of the Circuit
20Court as provided in this Section:
21        (1) arson, residential arson, or aggravated arson,
22    $500 per conviction to the State Treasurer for deposit into
23    the Fire Prevention Fund;
24        (2) child pornography under Section 11-20.1 of the
25    Criminal Code of 1961 or the Criminal Code of 2012, $500

 

 

10000SB1328ham001- 35 -LRB100 08307 MRW 26652 a

1    per conviction with $5 to the county treasurer for deposit
2    into the Circuit Court Clerk Operation and Administrative
3    Fund and the remainder as follows, unless more than one
4    agency is responsible for the arrest in which case the
5    amount shall be remitted to each unit of government
6    equally:
7            (A) if the arresting agency is an agency of a unit
8        of local government $495 to the treasurer of the unit
9        of local government for deposit into the unit of local
10        government's General Fund, except that if the
11        Department of State Police provides digital or
12        electronic forensic examination assistance, or both,
13        to the arresting agency then $100 to the State
14        Treasurer for deposit into the State Crime Laboratory
15        Fund; or
16            (B) if the arresting agency is the Department of
17        State Police remitted to the State Treasurer for
18        deposit into the State Crime Laboratory Fund;
19        (3) crime laboratory drug analysis for a drug-related
20    offense involving possession or delivery of cannabis or
21    possession or delivery of a controlled substance as defined
22    in the Cannabis Control Act, the Illinois Controlled
23    Substances Act, or the Methamphetamine Control and
24    Community Protection Act, $100 reimbursement for
25    laboratory analysis, as set forth in subsection (f) of
26    Section 5-9-1.4 of the Unified Code of Corrections;

 

 

10000SB1328ham001- 36 -LRB100 08307 MRW 26652 a

1        (4) DNA analysis, $250 on each conviction in which it
2    was used to the State Treasurer for deposit into the State
3    Offender DNA Identification System Fund;
4        (5) DUI analysis, $150 on each sentenced violation in
5    which it was used as set forth in subsection (f) of Section
6    5-9-1.9 of the Unified Code of Corrections;
7        (6) drug-related offense involving possession or
8    delivery of cannabis or possession or delivery of a
9    controlled substance, other than methamphetamine, as
10    defined in the Cannabis Control Act or the Illinois
11    Controlled Substances Act, an amount not less than the full
12    street value of the cannabis or controlled substance seized
13    for each conviction to the State Treasurer for deposit into
14    the General Revenue Fund;
15        (6.5) Kane County or Will County, in felony,
16    misdemeanor, local or county ordinance, traffic, or
17    conservation cases, up to $30 as set by the county board
18    under Section 5-1101.3 of the Counties Code upon the entry
19    of a judgment of conviction, an order of supervision, or a
20    sentence of probation without entry of judgment under
21    Section 10 of the Cannabis Control Act, Section 410 of the
22    Illinois Controlled Substances Act, Section 70 of the
23    Methamphetamine Control and Community Protection Act,
24    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
25    the Criminal Code of 1961 or the Criminal Code of 2012,
26    Section 10-102 of the Illinois Alcoholism and Other Drug

 

 

10000SB1328ham001- 37 -LRB100 08307 MRW 26652 a

1    Dependency Act, or Section 10 of the Steroid Control Act;
2    except in local or county ordinance, traffic, and
3    conservation cases, if fines are paid in full without a
4    court appearance, then the assessment shall not be imposed
5    or collected. Distribution of assessments collected under
6    this paragraph (6.5) shall be as provided in Section
7    5-1101.3 of the Counties Code;
8        (7) methamphetamine-related offense involving
9    possession or delivery of methamphetamine or any salt of an
10    optical isomer of methamphetamine or possession of a
11    methamphetamine manufacturing material as set forth in
12    Section 10 of the Methamphetamine Control and Community
13    Protection Act with the intent to manufacture a substance
14    containing methamphetamine or salt of an optical isomer of
15    methamphetamine, an amount not less than the full street
16    value of the methamphetamine or salt of an optical isomer
17    of methamphetamine or methamphetamine manufacturing
18    materials seized for each conviction to the State Treasurer
19    for deposit into the General Revenue Fund;
20        (8) order of protection violation under Section 12-3.4
21    of the Criminal Code of 2012, $200 for each conviction to
22    the county treasurer for deposit into the Probation and
23    Court Services Fund for implementation of a domestic
24    violence surveillance program and any other assessments or
25    fees imposed under Section 5-9-1.16 of the Unified Code of
26    Corrections;

 

 

10000SB1328ham001- 38 -LRB100 08307 MRW 26652 a

1        (9) order of protection violation, $25 for each
2    violation to the State Treasurer, for deposit into the
3    Domestic Violence Abuser Services Fund;
4        (10) prosecution by the State's Attorney of a:
5            (A) misdemeanor, petty, or business offense, $4 to
6        the county treasurer of which $2 deposited into the
7        State's Attorney Records Automation Fund and $2 into
8        the Public Defender Records Automation Fund;
9            (B) conservation or traffic offense, $2 to the
10        county treasurer for deposit into the State's Attorney
11        Records Automation Fund;
12        (11) speeding in a construction zone violation, $250 to
13    the State Treasurer for deposit into the Transportation
14    Safety Highway Hire-back Fund, unless (i) the violation
15    occurred on a highway other than an interstate highway and
16    (ii) a county police officer wrote the ticket for the
17    violation, in which case to the county treasurer for
18    deposit into that county's Transportation Safety Highway
19    Hire-back Fund;
20        (12) supervision disposition on an offense under the
21    Illinois Vehicle Code or similar provision of a local
22    ordinance, 50 cents, unless waived by the court, into the
23    Prisoner Review Board Vehicle and Equipment Fund;
24        (13) victim and offender are family or household
25    members as defined in Section 103 of the Illinois Domestic
26    Violence Act of 1986 and offender pleads guilty or no

 

 

10000SB1328ham001- 39 -LRB100 08307 MRW 26652 a

1    contest to or is convicted of murder, voluntary
2    manslaughter, involuntary manslaughter, burglary,
3    residential burglary, criminal trespass to residence,
4    criminal trespass to vehicle, criminal trespass to land,
5    criminal damage to property, telephone harassment,
6    kidnapping, aggravated kidnaping, unlawful restraint,
7    forcible detention, child abduction, indecent solicitation
8    of a child, sexual relations between siblings,
9    exploitation of a child, child pornography, assault,
10    aggravated assault, battery, aggravated battery, heinous
11    battery, aggravated battery of a child, domestic battery,
12    reckless conduct, intimidation, criminal sexual assault,
13    predatory criminal sexual assault of a child, aggravated
14    criminal sexual assault, criminal sexual abuse, aggravated
15    criminal sexual abuse, violation of an order of protection,
16    disorderly conduct, endangering the life or health of a
17    child, child abandonment, contributing to dependency or
18    neglect of child, or cruelty to children and others, $200
19    for each sentenced violation to the State Treasurer for
20    deposit as follows: (i) for sexual assault, as defined in
21    Section 5-9-1.7 of the Unified Code of Corrections, when
22    the offender and victim are family members, one-half to the
23    Domestic Violence Shelter and Service Fund, and one-half to
24    the Sexual Assault Services Fund; (ii) for the remaining
25    offenses to the Domestic Violence Shelter and Service Fund;
26        (14) violation of Section 11-501 of the Illinois

 

 

10000SB1328ham001- 40 -LRB100 08307 MRW 26652 a

1    Vehicle Code, Section 5-7 of the Snowmobile Registration
2    and Safety Act, Section 5-16 of the Boat Registration and
3    Safety Act, or a similar provision, whose operation of a
4    motor vehicle, snowmobile, or watercraft while in
5    violation of Section 11-501, Section 5-7 of the Snowmobile
6    Registration and Safety Act, Section 5-16 of the Boat
7    Registration and Safety Act, or a similar provision
8    proximately caused an incident resulting in an appropriate
9    emergency response, $1,000 maximum to the public agency
10    that provided an emergency response related to the person's
11    violation, and if more than one agency responded, the
12    amount payable to public agencies shall be shared equally;
13        (15) violation of Sections 401, 407, or 407.2 of the
14    Illinois Controlled Substances Act that proximately caused
15    any incident resulting in an appropriate drug-related
16    emergency response, $1,000 as reimbursement for the
17    emergency response to the law enforcement agency that made
18    the arrest, and if more than one agency is responsible for
19    the arrest, the amount payable to law enforcement agencies
20    shall be shared equally;
21        (16) violation of reckless driving, aggravated
22    reckless driving, or driving 26 miles per hour or more in
23    excess of the speed limit that triggered an emergency
24    response, $1,000 maximum reimbursement for the emergency
25    response to be distributed in its entirety to a public
26    agency that provided an emergency response related to the

 

 

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1    person's violation, and if more than one agency responded,
2    the amount payable to public agencies shall be shared
3    equally; and
4        (17) weapons violation under Section 24-1.1, 24-1.2,
5    or 24-1.5 of the Criminal Code of 1961 or the Criminal Code
6    of 2012, $100 for each conviction to the State Treasurer
7    for deposit into the Trauma Center Fund.
 
8
Article 20. Task Force

 
9    Section 20-5. Criminal and Traffic Assessments and Fees
10Task Force.
11    (a) A Criminal and Traffic Assessments and Fees Task Force
12is created to carry out the following duties:
13        (1) review reports of the clerks of the circuit court
14    submitted under Section 30 of the Clerks of Courts Act;
15        (2) conduct hearings to obtain testimony from
16    stakeholders who may receive funds under this Act or
17    Section 27.1b of the Clerks of Courts Act and from the
18    public, including testimony on the recommendations for the
19    Task Force report, the burden of court costs, the impact of
20    court costs on persons within the criminal justice system,
21    the need for consistency in assessment and collection of
22    court costs, and the services financed by court costs;
23        (3) study past practices of fines, fees, assessments,
24    and costs collection and disbursement by the clerks of the

 

 

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1    circuit court and the initial effects of the estimated
2    collections under this Act and Section 27.1b of the Clerks
3    of Courts Act from reports under paragraph (1) of this
4    Section; and
5        (4) make recommendations to the General Assembly
6    regarding implementation of this Act and offer any proposed
7    revisions or amendments to this Act or its associated
8    amendatory changes.
9    (b) The Task Force shall be comprised of the following
10members who shall serve without compensation:
11        (1) one member of the House of Representatives
12    appointed by the Speaker of the House of Representatives;
13        (2) one member of the House of Representatives
14    appointed by the Minority Leader of the House of
15    Representatives;
16        (3) one member of the Senate appointed by the Senate
17    President;
18        (4) one member of the Senate appointed by the Senate
19    Minority Leader;
20        (5) the Executive Director of the Illinois Law
21    Enforcement Training Standards Board or his or her
22    designee;
23        (6) the Director of State Police or his or her
24    designee;
25        (7) the Attorney General or his or her designee;
26        (8) the Secretary of State or his or her designee;

 

 

10000SB1328ham001- 43 -LRB100 08307 MRW 26652 a

1        (9) the State Fire Marshal or his or her designee;
2        (10) the Director of Public Health or his or her
3    designee;
4        (11) two members of an association representing the
5    interests of circuit court clerks appointed by the
6    association;
7        (12) a member of an association representing the
8    interests of county officials appointed by the
9    association;
10        (13) a member of an association representing the
11    interests of municipal officials appointed by the
12    association;
13        (14) the Cook County Circuit Court Clerk; and
14        (15) a member appointed by the Supreme Court.
15    (c) The Administrative Office of the Illinois Courts at the
16direction of the Supreme Court shall provide administrative
17support to the Task Force.
18    (d) The Task Force shall meet on or before February 1, 2018
19and thereafter as agreed upon by a quorum of Task Force members
20to be necessary to complete its duties.
21    (e) The Task Force shall file a written report of its
22findings and recommendations with the General Assembly on or
23before February 1, 2019.
24    (f) This Section is repealed on July 1, 2019.
 
25
Article 25.

 

 

10000SB1328ham001- 44 -LRB100 08307 MRW 26652 a

1
Repeal

 
2    Section 25-5. Repeal. This Act is repealed on December 31,
32019.
 
4
Article 900. Amendatory Provisions effective July 1, 2017

 
5    Section 900-5. The Clerks of Courts Act is amended by
6adding Section 30 as follows:
 
7    (705 ILCS 105/30 new)
8    Sec. 30. Assessment and fee report.
9    (a) The clerk of the circuit court shall, in consultation
10with other clerks of the circuit court and with input from
11units of local government, State departments and agencies, and
12agencies and organizations who receive funds from fees, fines,
13assessments, or costs imposed by the court, develop guidelines
14for recording estimates of what the assessment or fee would be
15in each case if the applicable Schedule of assessment,
16conditional assessment, Schedule of circuit court clerk fees,
17or civil fees under the provisions of the Criminal and Traffic
18Assessment Act and the amendatory changes under this amendatory
19Act of the 100th General Assembly had been in effect.
20    (b) Beginning September 1, 2017 and until December 31, 2018
21the clerk of the circuit court shall, for each case in which
22fees, fines, assessments, or costs are imposed by the court,

 

 

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1maintain a separate record of the clerk's estimate of what the
2assessment or fee for that case would have been if the
3applicable Schedule of assessment, conditional assessment,
4Schedule of circuit court clerk fees, or civil fees under the
5provisions of the Criminal and Traffic Assessment Act and the
6amendatory changes to this Act by this amendatory Act of the
7100th General Assembly had been in effect. The record shall not
8contain any identification information of the parties and judge
9in the case and shall be prepared and used only for the
10purposes of this Section.
11    (c) Beginning October 1, 2017 and each month thereafter,
12the clerk of the circuit court shall tabulate the assessment
13and fee estimates collected under subsection (b) for the
14previous month and prepare a report of the clerk's best
15estimate on how the estimated assessment and fee amounts would
16have been remitted by the clerk if the applicable Schedule of
17assessment, conditional assessment, Schedule of circuit court
18clerk fees, or civil fees under the provisions of the Criminal
19and Traffic Assessment Act and the amendatory changes to this
20Act by this amendatory Act of the 100th General Assembly had
21been in effect. The report shall contain the totals for each
22category of estimated remissions. The clerk of the circuit
23court shall submit the report to the Supreme Court on or before
24the 15th day of each month, with the final report due on or
25before January 15, 2019. The reports shall be available to the
26Criminal and Traffic Assessments and Fees Task Force and any:

 

 

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1        (1) unit of local government;
2        (2) State department or agency;
3        (3) agency or organization receiving funds from fees,
4    fines, assessments, or costs imposed by the court under the
5    laws and rules in effect before July 1, 2019;
6        (4) member of the General Assembly;
7        (5) constitutional officer; or
8        (6) other person or entity as determined by the Supreme
9    Court.
10    (d) This Section is repealed on March 1, 2019.
 
11    Section 900-10. The Unified Code of Corrections is amended
12by changing Sections 5-9-1.1 and 5-9-1.1-5 as follows:
 
13    (730 ILCS 5/5-9-1.1)  (from Ch. 38, par. 1005-9-1.1)
14    (Text of Section from P.A. 94-550, 96-132, 96-402, 96-1234,
1597-545, 98-537, and 99-480)
16    Sec. 5-9-1.1. Drug related offenses.
17    (a) When a person has been adjudged guilty of a drug
18related offense involving possession or delivery of cannabis or
19possession or delivery of a controlled substance, other than
20methamphetamine, as defined in the Cannabis Control Act, as
21amended, or the Illinois Controlled Substances Act, as amended,
22in addition to any other penalty imposed, a fine shall be
23levied by the court at not less than the full street value of
24the cannabis or controlled substances seized.

 

 

10000SB1328ham001- 47 -LRB100 08307 MRW 26652 a

1    "Street value" shall be determined by the court on the
2basis of testimony of law enforcement personnel and the
3defendant as to the amount seized and such testimony as may be
4required by the court as to the current street value of the
5cannabis or controlled substance seized.
6    (b) In addition to any penalty imposed under subsection (a)
7of this Section, a fine of $100 shall be levied by the court,
8the proceeds of which shall be collected by the Circuit Clerk
9and remitted to the State Treasurer under Section 27.6 of the
10Clerks of Courts Act for deposit into the Trauma Center Fund
11for distribution as provided under Section 3.225 of the
12Emergency Medical Services (EMS) Systems Act.
13    (c) In addition to any penalty imposed under subsection (a)
14of this Section, a fee of $5 shall be assessed by the court,
15the proceeds of which shall be collected by the Circuit Clerk
16and remitted to the State Treasurer under Section 27.6 of the
17Clerks of Courts Act for deposit into the Spinal Cord Injury
18Paralysis Cure Research Trust Fund. This additional fee of $5
19shall not be considered a part of the fine for purposes of any
20reduction in the fine for time served either before or after
21sentencing.
22    (d) In addition to any penalty imposed under subsection (a)
23of this Section for a drug related offense involving possession
24or delivery of cannabis or possession or delivery of a
25controlled substance as defined in the Cannabis Control Act,
26the Illinois Controlled Substances Act, or the Methamphetamine

 

 

10000SB1328ham001- 48 -LRB100 08307 MRW 26652 a

1Control and Community Protection Act, a fee of $50 shall be
2assessed by the court, the proceeds of which shall be collected
3by the Circuit Clerk and remitted to the State Treasurer under
4Section 27.6 of the Clerks of Courts Act for deposit into the
5Performance-enhancing Substance Testing Fund. This additional
6fee of $50 shall not be considered a part of the fine for
7purposes of any reduction in the fine for time served either
8before or after sentencing. The provisions of this subsection
9(d), other than this sentence, are inoperative after June 30,
102011.
11    (e) In addition to any penalty imposed under subsection (a)
12of this Section, a $25 assessment shall be assessed by the
13court, the proceeds of which shall be collected by the Circuit
14Clerk and remitted to the State Treasurer for deposit into the
15Criminal Justice Information Projects Fund. The moneys
16deposited into the Criminal Justice Information Projects Fund
17under this Section shall be appropriated to and administered by
18the Illinois Criminal Justice Information Authority for
19distribution to fund Department of State Police funding of drug
20task forces and Metropolitan Enforcement Groups by dividing the
21funds equally by the total number of Department of State Police
22drug task forces and Illinois Metropolitan Enforcement Groups.
23    (f) In addition to any penalty imposed under subsection (a)
24of this Section, a $40 assessment shall be assessed by the
25court, the proceeds of which shall be collected by the Circuit
26Clerk. Of the collected proceeds, (i) 90% shall be remitted to

 

 

10000SB1328ham001- 49 -LRB100 08307 MRW 26652 a

1the State Treasurer for deposit into the Prescription Pill and
2Drug Disposal Fund; (ii) 5% shall be remitted for deposit into
3the Criminal Justice Information Projects Fund, for use by the
4Illinois Criminal Justice Information Authority for the costs
5associated with making grants from the Prescription Pill and
6Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%
7for deposit into the Circuit Court Clerk Operation and
8Administrative Fund for the costs associated with
9administering this subsection.
10(Source: P.A. 98-537, eff. 8-23-13; 99-480, eff. 9-9-15.)
 
11    (Text of Section from P.A. 94-556, 96-132, 96-402, 96-1234,
1297-545, 98-537, and 99-480)
13    Sec. 5-9-1.1. Drug related offenses.
14    (a) When a person has been adjudged guilty of a drug
15related offense involving possession or delivery of cannabis or
16possession or delivery of a controlled substance as defined in
17the Cannabis Control Act, the Illinois Controlled Substances
18Act, or the Methamphetamine Control and Community Protection
19Act, in addition to any other penalty imposed, a fine shall be
20levied by the court at not less than the full street value of
21the cannabis or controlled substances seized.
22    "Street value" shall be determined by the court on the
23basis of testimony of law enforcement personnel and the
24defendant as to the amount seized and such testimony as may be
25required by the court as to the current street value of the

 

 

10000SB1328ham001- 50 -LRB100 08307 MRW 26652 a

1cannabis or controlled substance seized.
2    (b) In addition to any penalty imposed under subsection (a)
3of this Section, a fine of $100 shall be levied by the court,
4the proceeds of which shall be collected by the Circuit Clerk
5and remitted to the State Treasurer under Section 27.6 of the
6Clerks of Courts Act for deposit into the Trauma Center Fund
7for distribution as provided under Section 3.225 of the
8Emergency Medical Services (EMS) Systems Act.
9    (c) In addition to any penalty imposed under subsection (a)
10of this Section, a fee of $5 shall be assessed by the court,
11the proceeds of which shall be collected by the Circuit Clerk
12and remitted to the State Treasurer under Section 27.6 of the
13Clerks of Courts Act for deposit into the Spinal Cord Injury
14Paralysis Cure Research Trust Fund. This additional fee of $5
15shall not be considered a part of the fine for purposes of any
16reduction in the fine for time served either before or after
17sentencing.
18    (d) In addition to any penalty imposed under subsection (a)
19of this Section for a drug related offense involving possession
20or delivery of cannabis or possession or delivery of a
21controlled substance as defined in the Cannabis Control Act,
22the Illinois Controlled Substances Act, or the Methamphetamine
23Control and Community Protection Act, a fee of $50 shall be
24assessed by the court, the proceeds of which shall be collected
25by the Circuit Clerk and remitted to the State Treasurer under
26Section 27.6 of the Clerks of Courts Act for deposit into the

 

 

10000SB1328ham001- 51 -LRB100 08307 MRW 26652 a

1Performance-enhancing Substance Testing Fund. This additional
2fee of $50 shall not be considered a part of the fine for
3purposes of any reduction in the fine for time served either
4before or after sentencing. The provisions of this subsection
5(d), other than this sentence, are inoperative after June 30,
62011.
7    (e) In addition to any penalty imposed under subsection (a)
8of this Section, a $25 assessment shall be assessed by the
9court, the proceeds of which shall be collected by the Circuit
10Clerk and remitted to the State Treasurer for deposit into the
11Criminal Justice Information Projects Fund. The moneys
12deposited into the Criminal Justice Information Projects Fund
13under this Section shall be appropriated to and administered by
14the Illinois Criminal Justice Information Authority for
15distribution to fund Department of State Police funding of drug
16task forces and Metropolitan Enforcement Groups by dividing the
17funds equally by the total number of Department of State Police
18drug task forces and Illinois Metropolitan Enforcement Groups.
19    (f) In addition to any penalty imposed under subsection (a)
20of this Section, a $40 assessment shall be assessed by the
21court, the proceeds of which shall be collected by the Circuit
22Clerk. Of the collected proceeds, (i) 90% shall be remitted to
23the State Treasurer for deposit into the Prescription Pill and
24Drug Disposal Fund; (ii) 5% shall be remitted for deposit into
25the Criminal Justice Information Projects Fund, for use by the
26Illinois Criminal Justice Information Authority for the costs

 

 

10000SB1328ham001- 52 -LRB100 08307 MRW 26652 a

1associated with making grants from the Prescription Pill and
2Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%
3for deposit into the Circuit Court Clerk Operation and
4Administrative Fund for the costs associated with
5administering this subsection.
6(Source: P.A. 98-537, eff. 8-23-13; 99-480, eff. 9-9-15.)
 
7    (730 ILCS 5/5-9-1.1-5)
8    Sec. 5-9-1.1-5. Methamphetamine related offenses.
9    (a) When a person has been adjudged guilty of a
10methamphetamine related offense involving possession or
11delivery of methamphetamine or any salt of an optical isomer of
12methamphetamine or possession of a methamphetamine
13manufacturing material as set forth in Section 10 of the
14Methamphetamine Control and Community Protection Act with the
15intent to manufacture a substance containing methamphetamine
16or salt of an optical isomer of methamphetamine, in addition to
17any other penalty imposed, a fine shall be levied by the court
18at not less than the full street value of the methamphetamine
19or salt of an optical isomer of methamphetamine or
20methamphetamine manufacturing materials seized.
21    "Street value" shall be determined by the court on the
22basis of testimony of law enforcement personnel and the
23defendant as to the amount seized and such testimony as may be
24required by the court as to the current street value of the
25methamphetamine or salt of an optical isomer of methamphetamine

 

 

10000SB1328ham001- 53 -LRB100 08307 MRW 26652 a

1or methamphetamine manufacturing materials seized.
2    (b) In addition to any penalty imposed under subsection (a)
3of this Section, a fine of $100 shall be levied by the court,
4the proceeds of which shall be collected by the Circuit Clerk
5and remitted to the State Treasurer under Section 27.6 of the
6Clerks of Courts Act for deposit into the Methamphetamine Law
7Enforcement Fund and allocated as provided in subsection (d) of
8Section 5-9-1.2.
9    (c) In addition to any penalty imposed under subsection (a)
10of this Section, a $25 assessment shall be assessed by the
11court, the proceeds of which shall be collected by the Circuit
12Clerk and remitted to the State Treasurer for deposit into the
13Criminal Justice Information Projects Fund. The moneys
14deposited into the Criminal Justice Information Projects Fund
15under this Section shall be appropriated to and administered by
16the Illinois Criminal Justice Information Authority for
17distribution to fund the Department of State Police funding of
18drug task forces and Metropolitan Enforcement Groups by
19dividing the funds equally by the total number of Department of
20State Police drug task forces and Metropolitan Enforcement
21Groups.
22    (d) In addition to any penalty imposed under subsection (a)
23of this Section, a $40 assessment shall be assessed by the
24court, the proceeds of which shall be collected by the Circuit
25Clerk. Of the collected proceeds, (i) 90% shall be remitted to
26the State Treasurer for deposit into the Prescription Pill and

 

 

10000SB1328ham001- 54 -LRB100 08307 MRW 26652 a

1Drug Disposal Fund; (ii) 5% shall be remitted for deposit into
2the Criminal Justice Information Projects Fund, for use by the
3Illinois Criminal Justice Information Authority for the costs
4associated with making grants from the Prescription Pill and
5Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%
6for deposit into the Circuit Court Clerk Operation and
7Administrative Fund for the costs associated with
8administering this subsection.
9(Source: P.A. 98-537, eff. 8-23-13; 99-480, eff. 9-9-15.)
 
10
Article 905. Amendatory Provisions effective July 1, 2019

 
11    Section 905-5. The Domestic Violence Shelters Act is
12amended by changing Section 3.2 as follows:
 
13    (20 ILCS 1310/3.2)  (from Ch. 40, par. 2403.2)
14    Sec. 3.2. All funds collected pursuant to P.A. 82-645,
15which are held in escrow for refund and for which a refund is
16not approved by September 1, 1988, shall be forwarded to the
17State Treasurer for deposit into the Domestic Violence Shelter
18and Service Fund. The Domestic Violence Shelter and Service
19Fund shall also include assessments fines received by the State
20Treasurer from circuit clerks under the Criminal and Traffic
21Assessment Act in accordance with Section 5-9-1.5 of the
22Unified Code of Corrections. Monies deposited in the Fund
23pursuant to this Section and the income tax check-off for the

 

 

10000SB1328ham001- 55 -LRB100 08307 MRW 26652 a

1Domestic Violence Shelter and Service Fund authorized by
2Section 507F of the Illinois Income Tax Act shall be
3appropriated to the Department of Human Services for the
4purpose of providing services specified by this Act; however,
5the Department may waive the matching funds requirement of this
6Act with respect to such monies. Any such waiver shall be
7uniform throughout the State. This amendatory Act of 1987
8applies to all funds collected pursuant to PA 82-645, held in
9escrow and for which no refund is approved by September 1,
101988, whether those funds are administered by the State, a
11county, a court, or any other unit or agency of government.
12(Source: P.A. 89-507, eff. 7-1-97.)
 
13    Section 905-10. The Burn Victims Relief Act is amended by
14changing Section 10 as follows:
 
15    (20 ILCS 1410/10)
16    Sec. 10. Payments to the George Bailey Memorial Fund. The
17George Bailey Memorial Fund is created as a special fund in the
18State treasury. The George Bailey Memorial Fund shall be funded
19pursuant to subsection (p) of Section 27.6 of the Clerks of
20Courts Act and Section 16-104d of the Illinois Vehicle Code.
21Funds received under Section 16-104d of the Illinois Vehicle
22Code shall be repaid in full to the Fire Truck Revolving Loan
23Fund, without the deduction of the 20% administrative fee
24authorized in subsection (b) of Section 5, upon receipt by the

 

 

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1George Bailey Memorial Fund from the person or his or her
2estate, trust, or heirs of any moneys from a settlement for the
3injury that is the proximate cause of the person's disability
4under this Act or moneys received from Social Security
5disability benefits. Moneys in the George Bailey Memorial Fund
6may only be used for the purposes set forth in this Act.
7(Source: P.A. 99-455, eff. 1-1-16.)
 
8    Section 905-15. The State Police Act is amended by changing
9Section 7.2 as follows:
 
10    (20 ILCS 2610/7.2)
11    Sec. 7.2. State Police Merit Board Public Safety Fund.
12    (a) A special fund in the State treasury is hereby created
13which shall be known as the State Police Merit Board Public
14Safety Fund. The Fund shall be used by the State Police Merit
15Board to provide a cadet program for State Police personnel and
16to meet all costs associated with the functions of the State
17Police Merit Board. Notwithstanding any other law to the
18contrary, the State Police Merit Board Public Safety Fund is
19not subject to sweeps, administrative charge-backs, or any
20other fiscal or budgetary maneuver that would in any way
21transfer any amounts from the State Police Merit Board Public
22Safety Fund into any other fund of the State.
23    (b) The Fund may receive State appropriations, gifts,
24grants, and federal funds and shall include earnings from the

 

 

10000SB1328ham001- 57 -LRB100 08307 MRW 26652 a

1investment of moneys in the Fund.
2    (c) The administration of this Fund shall be the
3responsibility of the State Police Merit Board. The Board shall
4establish terms and conditions for the operation of the Fund.
5The Board shall establish and implement fiscal controls and
6accounting periods for programs operated using the Fund. All
7fees or moneys received by the State Treasurer under the
8Criminal and Traffic Assessment Act subsection (n) of Section
927.6 of the Clerks of Courts Act shall be deposited into the
10Fund. The moneys deposited in the State Police Merit Board
11Public Safety Fund shall be appropriated to the State Police
12Merit Board for expenses of the Board for the administration
13and conduct of all its programs for State Police personnel.
14(Source: P.A. 97-1051, eff. 1-1-13.)
 
15    Section 905-20. The Illinois Criminal Justice Information
16Act is amended by changing Section 9.1 as follows:
 
17    (20 ILCS 3930/9.1)
18    Sec. 9.1. Criminal Justice Information Projects Fund. The
19Criminal Justice Information Projects Fund is hereby created as
20a special fund in the State Treasury. Grants and other moneys
21obtained by the Authority from governmental entities (other
22than the federal government), private sources, and
23not-for-profit organizations for use in investigating criminal
24justice issues or undertaking other criminal justice

 

 

10000SB1328ham001- 58 -LRB100 08307 MRW 26652 a

1information projects shall be deposited into the Fund. Moneys
2in the Fund may be used by the Authority, subject to
3appropriation, for undertaking such projects and for the
4operating and other expenses of the Authority incidental to
5those projects, and for the costs associated with making grants
6from the Prescription Pill and Drug Disposal Fund. The moneys
7deposited into the Criminal Justice Information Projects Fund
8under Sections 15-15 and 15-35 of the Criminal and Traffic
9Assessment Act shall be appropriated to and administered by the
10Illinois Criminal Justice Information Authority for
11distribution to fund Department of State Police drug task
12forces and Metropolitan Enforcement Groups by dividing the
13funds equally by the total number of Department of State Police
14drug task forces and Illinois Metropolitan Enforcement Groups.
15(Source: P.A. 88-538.)
 
16    Section 905-25. The State Finance Act is amended by
17changing Sections 6b-4, 6z-82, 6z-87, 8p, and 8q as follows:
 
18    (30 ILCS 105/6b-4)  (from Ch. 127, par. 142b4)
19    Sec. 6b-4. On the second Monday of every month, the
20Director of Public Health shall certify to the State
21Comptroller and the State Treasurer the amount generated by the
22issuance of commemorative birth certificates under subsection
23(14) of Section 25 of the Vital Records Act in excess of the
24costs incurred in issuing the documents. Within 15 days of

 

 

10000SB1328ham001- 59 -LRB100 08307 MRW 26652 a

1receipt of the certification required by this Section, the
2State Comptroller and the State Treasurer shall transfer from
3the General Revenue Fund, one-half of the amount certified as
4being received from the issuance of commemorative birth
5certificates to the Child Abuse Prevention Fund and one-half of
6the amount to the Domestic Violence Shelter and Service Fund.
7    The State Treasurer shall deposit into the Domestic
8Violence Shelter and Service Fund each assessment received
9under the Criminal and Traffic Assessment Act fine received
10from circuit clerks under Section 5-9-1.5 of the Unified Code
11of Corrections.
12    The State Treasurer shall deposit into the Sexual Assault
13Services Fund and the Domestic Violence Shelter and Service
14Fund each of those fines received from circuit clerks under
15Section 5-9-1.7 of the Unified Code of Corrections in
16accordance with the provisions of that Section.
17(Source: P.A. 87-791; 87-1072.)
 
18    (30 ILCS 105/6z-82)
19    Sec. 6z-82. State Police Operations Assistance Fund.
20    (a) There is created in the State treasury a special fund
21known as the State Police Operations Assistance Fund. The Fund
22shall receive revenue under the Criminal and Traffic Assessment
23Act pursuant to Section 27.3a of the Clerks of Courts Act. The
24Fund may also receive revenue from grants, donations,
25appropriations, and any other legal source.

 

 

10000SB1328ham001- 60 -LRB100 08307 MRW 26652 a

1    (b) The Department of State Police may use moneys in the
2Fund to finance any of its lawful purposes or functions.
3    (c) Expenditures may be made from the Fund only as
4appropriated by the General Assembly by law.
5    (d) Investment income that is attributable to the
6investment of moneys in the Fund shall be retained in the Fund
7for the uses specified in this Section.
8    (e) The State Police Operations Assistance Fund shall not
9be subject to administrative chargebacks.
10    (f) Notwithstanding any other provision of State law to the
11contrary, on or after July 1, 2012, and until June 30, 2013, in
12addition to any other transfers that may be provided for by
13law, at the direction of and upon notification from the
14Director of State Police, the State Comptroller shall direct
15and the State Treasurer shall transfer amounts into the State
16Police Operations Assistance Fund from the designated funds not
17exceeding the following totals:
18    State Police Vehicle Fund.....................$2,250,000
19    State Police Wireless Service
20        Emergency Fund............................$2,500,000
21    State Police Services Fund....................$3,500,000
22(Source: P.A. 96-1029, eff. 7-13-10; 97-333, eff. 8-12-11;
2397-732, eff. 6-30-12.)
 
24    (30 ILCS 105/6z-87)
25    Sec. 6z-87. Conservation Police Operations Assistance

 

 

10000SB1328ham001- 61 -LRB100 08307 MRW 26652 a

1Fund.
2    (a) There is created in the State treasury a special fund
3known as the Conservation Police Operations Assistance Fund.
4The Fund shall receive revenue under the Criminal and Traffic
5Assessment Act pursuant to Section 27.3a of the Clerks of
6Courts Act. The Fund may also receive revenue from grants,
7donations, appropriations, and any other legal source.
8    (b) The Department of Natural Resources may use moneys in
9the Fund to support any lawful operations of the Illinois
10Conservation Police.
11    (c) Expenditures may be made from the Fund only as
12appropriated by the General Assembly by law.
13    (d) Investment income that is attributable to the
14investment of moneys in the Fund shall be retained in the Fund
15for the uses specified in this Section.
16    (e) The Conservation Police Operations Assistance Fund
17shall not be subject to administrative chargebacks.
18(Source: P.A. 97-46, eff. 7-1-12; 97-813, eff. 7-13-12.)
 
19    (30 ILCS 105/8p)
20    Sec. 8p. State Police Streetgang-Related Crime Fund.
21    (a) The State Police Streetgang-Related Crime Fund is
22created as a special fund in the State treasury.
23    (b) All moneys collected and payable to the Department of
24State Police from the State Police Streetgang-Related Crime
25Fund under Section 5-9-1.19 of the Unified Code of Corrections

 

 

10000SB1328ham001- 62 -LRB100 08307 MRW 26652 a

1shall be deposited into the State Police Streetgang-Related
2Crime Fund and shall be appropriated to and administered by the
3Department of State Police for operations and initiatives to
4combat and prevent streetgang-related crime.
5    (c) The State Police Streetgang-Related Crime Fund shall
6not be subject to administrative chargebacks.
7(Source: P.A. 96-1029, eff. 7-13-10.)
 
8    (30 ILCS 105/8q)
9    Sec. 8q. Illinois Department of Corrections Parole
10Division Offender Supervision Fund.
11    (a) The Illinois Department of Corrections Parole Division
12Offender Supervision Fund is created as a special fund in the
13State treasury.
14    (b) All moneys collected and payable to the Department of
15Corrections and under Section 5-9-1.20 of the Unified Code of
16Corrections shall be deposited into the Illinois Department of
17Corrections Parole Division Offender Supervision Fund and
18shall be appropriated to and administered by the Department of
19Corrections for operations and initiatives to combat and
20supervise paroled offenders in the community.
21    (c) The Illinois Department of Corrections Parole Division
22Offender Supervision Fund shall not be subject to
23administrative chargebacks.
24(Source: P.A. 97-262, eff. 8-5-11.)
 

 

 

10000SB1328ham001- 63 -LRB100 08307 MRW 26652 a

1    Section 905-30. The State Property Control Act is amended
2by changing Section 7c as follows:
 
3    (30 ILCS 605/7c)
4    Sec. 7c. Acquisition of State Police vehicles. The State
5Police Vehicle Fund is created as a special fund in the State
6treasury. The Fund shall consist of fees received pursuant to
7Section 16-104c of the Illinois Vehicle Code. All moneys in the
8Fund, subject to appropriation, shall be used by the Department
9of State Police:
10        (1) for the acquisition of vehicles for that
11    Department; or
12        (2) for debt service on bonds issued to finance the
13    acquisition of vehicles for that Department.
14(Source: P.A. 94-839, eff. 6-6-06.)
 
15    Section 905-35. Illinois Police Training Act is amended by
16changing Section 9 as follows:
 
17    (50 ILCS 705/9)  (from Ch. 85, par. 509)
18    Sec. 9. A special fund is hereby established in the State
19Treasury to be known as the Traffic and Criminal Conviction
20Surcharge Fund and shall be financed as provided in Section 9.1
21of this Act and Section 5-9-1 of the Unified Code of
22Corrections, unless the fines, costs, or additional amounts
23imposed are subject to disbursement by the circuit clerk under

 

 

10000SB1328ham001- 64 -LRB100 08307 MRW 26652 a

1Section 27.5 of the Clerks of Courts Act. Moneys in this Fund
2shall be expended as follows:
3        (1) a portion of the total amount deposited in the Fund
4    may be used, as appropriated by the General Assembly, for
5    the ordinary and contingent expenses of the Illinois Law
6    Enforcement Training Standards Board;
7        (2) a portion of the total amount deposited in the Fund
8    shall be appropriated for the reimbursement of local
9    governmental agencies participating in training programs
10    certified by the Board, in an amount equaling 1/2 of the
11    total sum paid by such agencies during the State's previous
12    fiscal year for mandated training for probationary police
13    officers or probationary county corrections officers and
14    for optional advanced and specialized law enforcement or
15    county corrections training; these reimbursements may
16    include the costs for tuition at training schools, the
17    salaries of trainees while in schools, and the necessary
18    travel and room and board expenses for each trainee; if the
19    appropriations under this paragraph (2) are not sufficient
20    to fully reimburse the participating local governmental
21    agencies, the available funds shall be apportioned among
22    such agencies, with priority first given to repayment of
23    the costs of mandatory training given to law enforcement
24    officer or county corrections officer recruits, then to
25    repayment of costs of advanced or specialized training for
26    permanent police officers or permanent county corrections

 

 

10000SB1328ham001- 65 -LRB100 08307 MRW 26652 a

1    officers;
2        (3) a portion of the total amount deposited in the Fund
3    may be used to fund the Intergovernmental Law Enforcement
4    Officer's In-Service Training Act, veto overridden October
5    29, 1981, as now or hereafter amended, at a rate and method
6    to be determined by the board;
7        (4) a portion of the Fund also may be used by the
8    Illinois Department of State Police for expenses incurred
9    in the training of employees from any State, county or
10    municipal agency whose function includes enforcement of
11    criminal or traffic law;
12        (5) a portion of the Fund may be used by the Board to
13    fund grant-in-aid programs and services for the training of
14    employees from any county or municipal agency whose
15    functions include corrections or the enforcement of
16    criminal or traffic law;
17        (6) for fiscal years 2013 through 2017 only, a portion
18    of the Fund also may be used by the Department of State
19    Police to finance any of its lawful purposes or functions;
20    and
21        (7) a portion of the Fund may be used by the Board,
22    subject to appropriation, to administer grants to local law
23    enforcement agencies for the purpose of purchasing
24    bulletproof vests under the Law Enforcement Officer
25    Bulletproof Vest Act.
26    All payments from the Traffic and Criminal Conviction

 

 

10000SB1328ham001- 66 -LRB100 08307 MRW 26652 a

1Surcharge Fund shall be made each year from moneys appropriated
2for the purposes specified in this Section. No more than 50% of
3any appropriation under this Act shall be spent in any city
4having a population of more than 500,000. The State Comptroller
5and the State Treasurer shall from time to time, at the
6direction of the Governor, transfer from the Traffic and
7Criminal Conviction Surcharge Fund to the General Revenue Fund
8in the State Treasury such amounts as the Governor determines
9are in excess of the amounts required to meet the obligations
10of the Traffic and Criminal Conviction Surcharge Fund.
11(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14;
1298-743, eff. 1-1-15; 99-78, eff. 7-20-15; 99-523, eff.
136-30-16.)
 
14    (50 ILCS 705/9.1 rep.)
15    Section 905-37. Illinois Police Training Act is amended by
16repealing Section 9.1.
 
17    Section 905-40. The Counties Code is amended by changing
18Sections 3-6023, 4-2004, 4-2005, and 4-2006 as follows:
 
19    (55 ILCS 5/3-6023)  (from Ch. 34, par. 3-6023)
20    Sec. 3-6023. Attendance at courts. Each sheriff shall, in
21person or by deputy, county corrections officer, or court
22security officer, attend upon all courts held in his or her
23county when in session, and obey the lawful orders and

 

 

10000SB1328ham001- 67 -LRB100 08307 MRW 26652 a

1directions of the court, and shall maintain the security of the
2courthouse. Court services customarily performed by sheriffs
3shall be provided by the sheriff or his or her deputies, county
4corrections officers, or court security officers, rather than
5by employees of the court, unless there are no deputies, county
6corrections officers, or court security officers available to
7perform such services. The expenses of the sheriff in carrying
8out his or her duties under this Section, including the
9compensation of deputies, county corrections officers, or
10court security officers assigned to such services, shall be
11paid to the county from fees collected pursuant to court order
12for services of the sheriff and from any court services fees
13collected by the county under the Criminal and Traffic
14Assessment Act pursuant to Section 5-1103, as now or hereafter
15amended.
16(Source: P.A. 89-685, eff. 6-1-97; 89-707, eff. 6-1-97.)
 
17    (55 ILCS 5/4-2004)  (from Ch. 34, par. 4-2004)
18    Sec. 4-2004. Collection and disposition of fines and
19forfeitures. It shall be the duty of State's attorneys to
20attend to the collection of all fines and forfeitures in
21criminal cases, and they shall, without delay, pay over all
22fines and forfeitures collected by them to the county treasurer
23to be deposited into the general corporate fund of the county,
24except as otherwise specifically provided by law and except for
25such portion as is required by Section 9.1 of "The Illinois

 

 

10000SB1328ham001- 68 -LRB100 08307 MRW 26652 a

1Police Training Act" and Section 5-9-1 of the "Unified Code of
2Corrections" to be paid into The Traffic and Criminal
3Conviction Surcharge Fund in the State Treasury, unless the
4fines and forfeitures are subject to disbursement by the
5circuit clerk under Section 27.5 of the Clerks of Courts Act.
6(Source: P.A. 86-962; 87-670.)
 
7    (55 ILCS 5/4-2005)  (from Ch. 34, par. 4-2005)
8    Sec. 4-2005. Payment of salaries; disposition of fees. The
9salaries of the State's attorneys, excepting that part which is
10to be paid out of the State treasury as now provided for by
11law, and the salaries of all Assistant State's attorneys shall
12be paid out of the general corporate fund of the county
13treasury of the county in which the State's attorney resides,
14on the order of the county board by the treasurer of the
15county: The fees which are now, or may hereafter, be provided
16by law to be paid by the defendant or defendants, as State's
17attorney's fees, shall be taxed as costs and all fees, fines,
18forfeitures and penalties shall be collected by the State's
19attorney, except as otherwise specifically provided by law for
20those amounts required by Section 9.1 of the "Illinois Police
21Training Act" and Section 5-9-1 of the "Unified Code of
22Corrections" to be paid into The Traffic and Criminal
23Conviction Surcharge Fund and those amounts subject to
24disbursement by the circuit clerk under Section 27.5 of the
25Clerks of Courts Act, and shall be paid by him directly into

 

 

10000SB1328ham001- 69 -LRB100 08307 MRW 26652 a

1the county treasury to be deposited into the general corporate
2fund of the county. The county treasurer shall receipt
3therefor.
4(Source: P.A. 86-962; 87-670.)
 
5    (55 ILCS 5/4-2006)  (from Ch. 34, par. 4-2006)
6    Sec. 4-2006. Report of fees.
7    (a) It is hereby made the duty of all State's attorneys to
8report to the circuit court at such times as the court shall
9determine by rule, the payment and collection of all fees,
10fines, forfeitures and penalties and to satisfy the court by
11voucher or otherwise, that all fees, fines, forfeitures and
12penalties by them collected, except as otherwise specifically
13provided by law for those amounts required by Section 9.1 of
14the Illinois Police Training Act and Section 5-9-1 of the
15Unified Code of Corrections to be paid into the Traffic and
16Criminal Conviction Surcharge Fund, have been duly paid over to
17the county treasurer, as required by Section 4-2005, and the
18State's attorney shall have no further interest in conviction
19fees, fines, forfeitures and penalties or moneys collected by
20virtue of such office. The court shall note the filing of the
21report and fix a day certain not less than 30 days thereafter,
22when objections in writing may be filed to such report by any
23one or more taxpayers of the county, and when objections are
24filed to such report a hearing may be had upon such report and
25objections at such time and in such manner as the court may

 

 

10000SB1328ham001- 70 -LRB100 08307 MRW 26652 a

1direct and after such hearing the court may approve or
2disapprove of such report as justice may require, and make all
3proper orders in reference thereto, and if no objections have
4been filed, the court shall inspect such report and require the
5State's attorney to produce evidence in proof of his having
6paid over as required by law all fines and forfeitures
7collected by him; and if it appears to the court that any
8State's attorney has failed or refused to turn over the fines
9and forfeitures collected by him as required by law the court
10shall at once suspend him and appoint a State's attorney pro
11tempore to perform the duties of the office until such State's
12attorney shall have complied with the provisions of this
13Division or the orders of the court in regard thereto. The
14court, for the purpose of carrying out the provisions of this
15Section shall have the power to examine books and papers and to
16issue subpoenas to compel the appearance of persons and the
17production of books and records: Provided, however, no order
18entered under this Section shall be a bar to any proper
19proceedings against such State's attorney and his bondsman to
20require him to account for moneys collected and not paid over
21by him as required by law.
22    (b) Waiver of report of fees. The filing of the report of
23fees as provided by subsection (a) of this Section may be
24waived by written administrative order of the chief judge of
25the circuit upon written request and affidavit of the State's
26attorney of a county within the circuit that all fines, fees,

 

 

10000SB1328ham001- 71 -LRB100 08307 MRW 26652 a

1forfeitures, and restitution are collected by the clerk of the
2circuit court and that none of those funds pass through the
3office of the State's attorney.
4(Source: P.A. 86-962; 87-1201.)
 
5    55 ILCS 5/3-4012 rep.
6    55 ILCS 5/4-2002 rep.
7    55 ILCS 5/4-2002.1 rep.
8    55 ILCS 5/5-1101 rep.
9    55 ILCS 5/5-1101.5 rep.
10    55 ILCS 5/5-1103 rep.
11    Section 905-43. The Counties Code is amended by repealing
12Sections 3-4012, 4-2002, 4-2002.1, 5-1101, 5-1101.5, and
135-1103.
 
14    Section 905-45. The Illinois Vehicle Code is amended by
15changing Sections 2-120, 6-118, 11-501.01, 11-605, 11-605.1,
1611-605.3, 11-1002.5, 15-113, and 16-105 as follows:
 
17    (625 ILCS 5/2-120)  (from Ch. 95 1/2, par. 2-120)
18    Sec. 2-120. Disposition of fines and forfeitures.
19    (a) Fines Except as provided in subsection (f) of Section
2011-605 and subsection (c) of Section 11-1002.5 of this Code,
21fines and penalties recovered under the provisions of this Act
22administered by the Secretary of State, except those fines,
23assessments, and penalties subject to disbursement by the

 

 

10000SB1328ham001- 72 -LRB100 08307 MRW 26652 a

1circuit clerk under the Criminal and Traffic Assessment Act
2Section 27.5 of the Clerks of Courts Act, shall be paid over
3and used as follows:
4        1. For violations of this Act committed within the
5    limits of an incorporated city or village, to the treasurer
6    of the particular city or village, if arrested by the
7    authorities of the city or village and reasonably
8    prosecuted for all fines and penalties under this Act by
9    the police officers and officials of the city or village.
10        2. For violations of this Act committed outside the
11    limits of an incorporated city or village to the county
12    treasurer of the court where the offense was committed.
13        3. For the purposes of this Act an offense for
14    violation of any provision of this Act not committed upon
15    the highway shall be deemed to be committed where the
16    violator resides or where he has a place of business
17    requiring some registration, permit or license to operate
18    such business under this Act.
19    (b) Failure, refusal or neglect on the part of any judicial
20or other officer or employee receiving or having custody of any
21such fine or forfeiture either before or after a deposit with
22the proper official as defined in paragraph (a) of this
23Section, shall constitute misconduct in office and shall be
24grounds for removal therefrom.
25(Source: P.A. 95-302, eff. 1-1-08.)
 

 

 

10000SB1328ham001- 73 -LRB100 08307 MRW 26652 a

1    (625 ILCS 5/6-118)
2    Sec. 6-118. Fees.
3    (a) The fee for licenses and permits under this Article is
4as follows:
5    Original driver's license.............................$30
6    Original or renewal driver's license
7        issued to 18, 19 and 20 year olds.................. 5
8    All driver's licenses for persons
9        age 69 through age 80.............................. 5
10    All driver's licenses for persons
11        age 81 through age 86.............................. 2
12    All driver's licenses for persons
13        age 87 or older.....................................0
14    Renewal driver's license (except for
15        applicants ages 18, 19 and 20 or
16        age 69 and older)..................................30
17    Original instruction permit issued to
18        persons (except those age 69 and older)
19        who do not hold or have not previously
20        held an Illinois instruction permit or
21        driver's license.................................. 20
22    Instruction permit issued to any person
23        holding an Illinois driver's license
24        who wishes a change in classifications,
25        other than at the time of renewal.................. 5
26    Any instruction permit issued to a person

 

 

10000SB1328ham001- 74 -LRB100 08307 MRW 26652 a

1        age 69 and older................................... 5
2    Instruction permit issued to any person,
3        under age 69, not currently holding a
4        valid Illinois driver's license or
5        instruction permit but who has
6        previously been issued either document
7        in Illinois....................................... 10
8    Restricted driving permit.............................. 8
9    Monitoring device driving permit...................... 8
10    Duplicate or corrected driver's license
11        or permit.......................................... 5
12    Duplicate or corrected restricted
13        driving permit..................................... 5
14    Duplicate or corrected monitoring
15    device driving permit.................................. 5
16    Duplicate driver's license or permit issued to
17        an active-duty member of the
18        United States Armed Forces,
19        the member's spouse, or
20        the dependent children living
21        with the member................................... 0
22    Original or renewal M or L endorsement................. 5
23SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
24        The fees for commercial driver licenses and permits
25    under Article V shall be as follows:
26    Commercial driver's license:

 

 

10000SB1328ham001- 75 -LRB100 08307 MRW 26652 a

1        $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund
2        (Commercial Driver's License Information
3        System/American Association of Motor Vehicle
4        Administrators network/National Motor Vehicle
5        Title Information Service Trust Fund);
6        $20 for the Motor Carrier Safety Inspection Fund;
7        $10 for the driver's license;
8        and $24 for the CDL:............................. $60
9    Renewal commercial driver's license:
10        $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;
11        $20 for the Motor Carrier Safety Inspection Fund;
12        $10 for the driver's license; and
13        $24 for the CDL:................................. $60
14    Commercial learner's permit
15        issued to any person holding a valid
16        Illinois driver's license for the
17        purpose of changing to a
18        CDL classification: $6 for the
19        CDLIS/AAMVAnet/NMVTIS Trust Fund;
20        $20 for the Motor Carrier
21        Safety Inspection Fund; and
22        $24 for the CDL classification................... $50
23    Commercial learner's permit
24        issued to any person holding a valid
25        Illinois CDL for the purpose of
26        making a change in a classification,

 

 

10000SB1328ham001- 76 -LRB100 08307 MRW 26652 a

1        endorsement or restriction........................ $5
2    CDL duplicate or corrected license.................... $5
3    In order to ensure the proper implementation of the Uniform
4Commercial Driver License Act, Article V of this Chapter, the
5Secretary of State is empowered to pro-rate the $24 fee for the
6commercial driver's license proportionate to the expiration
7date of the applicant's Illinois driver's license.
8    The fee for any duplicate license or permit shall be waived
9for any person who presents the Secretary of State's office
10with a police report showing that his license or permit was
11stolen.
12    The fee for any duplicate license or permit shall be waived
13for any person age 60 or older whose driver's license or permit
14has been lost or stolen.
15    No additional fee shall be charged for a driver's license,
16or for a commercial driver's license, when issued to the holder
17of an instruction permit for the same classification or type of
18license who becomes eligible for such license.
19    (b) Any person whose license or privilege to operate a
20motor vehicle in this State has been suspended or revoked under
21Section 3-707, any provision of Chapter 6, Chapter 11, or
22Section 7-205, 7-303, or 7-702 of the Family Financial
23Responsibility Law of this Code, shall in addition to any other
24fees required by this Code, pay a reinstatement fee as follows:
25    Suspension under Section 3-707..................... $100
26    Suspension under Section 11-1431....................$100

 

 

10000SB1328ham001- 77 -LRB100 08307 MRW 26652 a

1    Summary suspension under Section 11-501.1...........$250
2    Suspension under Section 11-501.9...................$250
3    Summary revocation under Section 11-501.1............$500
4    Other suspension......................................$70
5    Revocation...........................................$500
6    However, any person whose license or privilege to operate a
7motor vehicle in this State has been suspended or revoked for a
8second or subsequent time for a violation of Section 11-501,
911-501.1, or 11-501.9 of this Code or a similar provision of a
10local ordinance or a similar out-of-state offense or Section
119-3 of the Criminal Code of 1961 or the Criminal Code of 2012
12and each suspension or revocation was for a violation of
13Section 11-501, 11-501.1, or 11-501.9 of this Code or a similar
14provision of a local ordinance or a similar out-of-state
15offense or Section 9-3 of the Criminal Code of 1961 or the
16Criminal Code of 2012 shall pay, in addition to any other fees
17required by this Code, a reinstatement fee as follows:
18    Summary suspension under Section 11-501.1............$500
19    Suspension under Section 11-501.9...................$500
20    Summary revocation under Section 11-501.1............$500
21    Revocation...........................................$500
22    However, the Secretary shall collect only one fee equal to
23the highest amount due for any one sanction in satisfaction of
24all fees due for multiple sanctions for violation of Sections
2511-501, 11-501.1, or 11-501.9 of this Code or a similar
26provision of a local ordinance or a similar out-of-state

 

 

10000SB1328ham001- 78 -LRB100 08307 MRW 26652 a

1offense or Section 9-3 of the Criminal Code of 1961 or the
2Criminal Code of 2012.
3    (c) All fees collected under the provisions of this Chapter
46 shall be disbursed under subsection (g) of Section 2-119 of
5this Code, except as follows:
6        1. The following amounts shall be paid into the Drivers
7    Education Fund:
8            (A) $16 of the $20 fee for an original driver's
9        instruction permit;
10            (B) $5 of the $30 fee for an original driver's
11        license;
12            (C) $5 of the $30 fee for a 4 year renewal driver's
13        license;
14            (D) $4 of the $8 fee for a restricted driving
15        permit; and
16            (E) $4 of the $8 fee for a monitoring device
17        driving permit.
18        2. $30 of the $250 fee for reinstatement of a license
19    summarily suspended under Section 11-501.1 or suspended
20    under Section 11-501.9 shall be deposited into the Drunk
21    and Drugged Driving Prevention Fund. However, for a person
22    whose license or privilege to operate a motor vehicle in
23    this State has been suspended or revoked for a second or
24    subsequent time for a violation of Section 11-501,
25    11-501.1, or 11-501.9 of this Code or Section 9-3 of the
26    Criminal Code of 1961 or the Criminal Code of 2012, $190 of

 

 

10000SB1328ham001- 79 -LRB100 08307 MRW 26652 a

1    the $500 fee for reinstatement of a license summarily
2    suspended under Section 11-501.1 or suspended under
3    Section 11-501.9, and $190 of the $500 fee for
4    reinstatement of a revoked license shall be deposited into
5    the Drunk and Drugged Driving Prevention Fund. $190 of the
6    $500 fee for reinstatement of a license summarily revoked
7    pursuant to Section 11-501.1 shall be deposited into the
8    Drunk and Drugged Driving Prevention Fund.
9        3. $6 of the original or renewal fee for a commercial
10    driver's license and $6 of the commercial learner's permit
11    fee when the permit is issued to any person holding a valid
12    Illinois driver's license, shall be paid into the
13    CDLIS/AAMVAnet/NMVTIS Trust Fund.
14        4. $30 of the $70 fee for reinstatement of a license
15    suspended under the Family Financial Responsibility Law
16    shall be paid into the Family Responsibility Fund.
17        5. The $5 fee for each original or renewal M or L
18    endorsement shall be deposited into the Cycle Rider Safety
19    Training Fund.
20        6. $20 of any original or renewal fee for a commercial
21    driver's license or commercial learner's permit shall be
22    paid into the Motor Carrier Safety Inspection Fund.
23        7. The following amounts shall be paid into the General
24    Revenue Fund:
25            (A) $190 of the $250 reinstatement fee for a
26        summary suspension under Section 11-501.1 or a

 

 

10000SB1328ham001- 80 -LRB100 08307 MRW 26652 a

1        suspension under Section 11-501.9;
2            (B) $40 of the $70 reinstatement fee for any other
3        suspension provided in subsection (b) of this Section;
4        and
5            (C) $440 of the $500 reinstatement fee for a first
6        offense revocation and $310 of the $500 reinstatement
7        fee for a second or subsequent revocation.
8        8. Fees collected under paragraph (4) of subsection (d)
9    and subsection (h) of Section 6-205 of this Code;
10    subparagraph (C) of paragraph 3 of subsection (c) of
11    Section 6-206 of this Code; and paragraph (4) of subsection
12    (a) of Section 6-206.1 of this Code, shall be paid into the
13    funds set forth in those Sections.
14    (d) All of the proceeds of the additional fees imposed by
15this amendatory Act of the 96th General Assembly shall be
16deposited into the Capital Projects Fund.
17    (e) The additional fees imposed by this amendatory Act of
18the 96th General Assembly shall become effective 90 days after
19becoming law.
20    (f) As used in this Section, "active-duty member of the
21United States Armed Forces" means a member of the Armed
22Services or Reserve Forces of the United States or a member of
23the Illinois National Guard who is called to active duty
24pursuant to an executive order of the President of the United
25States, an act of the Congress of the United States, or an
26order of the Governor.

 

 

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1(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section
210 of P.A. 99-414 for the effective date of changes made by
3P.A. 98-176); 98-177, eff. 1-1-14; 98-756, eff. 7-16-14;
498-1172, eff. 1-12-15; 99-127, eff. 1-1-16; 99-438, eff.
51-1-16; 99-642, eff. 7-28-16; 99-933, eff. 1-27-17.)
 
6    (625 ILCS 5/11-501.01)
7    Sec. 11-501.01. Additional administrative sanctions.
8    (a) After a finding of guilt and prior to any final
9sentencing or an order for supervision, for an offense based
10upon an arrest for a violation of Section 11-501 or a similar
11provision of a local ordinance, individuals shall be required
12to undergo a professional evaluation to determine if an
13alcohol, drug, or intoxicating compound abuse problem exists
14and the extent of the problem, and undergo the imposition of
15treatment as appropriate. Programs conducting these
16evaluations shall be licensed by the Department of Human
17Services. The cost of any professional evaluation shall be paid
18for by the individual required to undergo the professional
19evaluation.
20    (b) Any person who is found guilty of or pleads guilty to
21violating Section 11-501, including any person receiving a
22disposition of court supervision for violating that Section,
23may be required by the Court to attend a victim impact panel
24offered by, or under contract with, a county State's Attorney's
25office, a probation and court services department, Mothers

 

 

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1Against Drunk Driving, or the Alliance Against Intoxicated
2Motorists. All costs generated by the victim impact panel shall
3be paid from fees collected from the offender or as may be
4determined by the court.
5    (c) (Blank). Every person found guilty of violating Section
611-501, whose operation of a motor vehicle while in violation
7of that Section proximately caused any incident resulting in an
8appropriate emergency response, shall be liable for the expense
9of an emergency response as provided in subsection (i) of this
10Section.
11    (d) The Secretary of State shall revoke the driving
12privileges of any person convicted under Section 11-501 or a
13similar provision of a local ordinance.
14    (e) The Secretary of State shall require the use of
15ignition interlock devices for a period not less than 5 years
16on all vehicles owned by a person who has been convicted of a
17second or subsequent offense of Section 11-501 or a similar
18provision of a local ordinance. The person must pay to the
19Secretary of State DUI Administration Fund an amount not to
20exceed $30 for each month that he or she uses the device. The
21Secretary shall establish by rule and regulation the procedures
22for certification and use of the interlock system, the amount
23of the fee, and the procedures, terms, and conditions relating
24to these fees. During the time period in which a person is
25required to install an ignition interlock device under this
26subsection (e), that person shall only operate vehicles in

 

 

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1which ignition interlock devices have been installed, except as
2allowed by subdivision (c)(5) or (d)(5) of Section 6-205 of
3this Code.
4    (f) (Blank). In addition to any other penalties and
5liabilities, a person who is found guilty of or pleads guilty
6to violating Section 11-501, including any person placed on
7court supervision for violating Section 11-501, shall be
8assessed $750, payable to the circuit clerk, who shall
9distribute the money as follows: $350 to the law enforcement
10agency that made the arrest, and $400 shall be forwarded to the
11State Treasurer for deposit into the General Revenue Fund. If
12the person has been previously convicted of violating Section
1311-501 or a similar provision of a local ordinance, the fine
14shall be $1,000, and the circuit clerk shall distribute $200 to
15the law enforcement agency that made the arrest and $800 to the
16State Treasurer for deposit into the General Revenue Fund. In
17the event that more than one agency is responsible for the
18arrest, the amount payable to law enforcement agencies shall be
19shared equally. Any moneys received by a law enforcement agency
20under this subsection (f) shall be used for enforcement and
21prevention of driving while under the influence of alcohol,
22other drug or drugs, intoxicating compound or compounds or any
23combination thereof, as defined by Section 11-501 of this Code,
24including but not limited to the purchase of law enforcement
25equipment and commodities that will assist in the prevention of
26alcohol related criminal violence throughout the State; police

 

 

10000SB1328ham001- 84 -LRB100 08307 MRW 26652 a

1officer training and education in areas related to alcohol
2related crime, including but not limited to DUI training; and
3police officer salaries, including but not limited to salaries
4for hire back funding for safety checkpoints, saturation
5patrols, and liquor store sting operations. Any moneys received
6by the Department of State Police under this subsection (f)
7shall be deposited into the State Police DUI Fund and shall be
8used to purchase law enforcement equipment that will assist in
9the prevention of alcohol related criminal violence throughout
10the State.
11    (g) The Secretary of State Police DUI Fund is created as a
12special fund in the State treasury. All moneys received by the
13Secretary of State Police under subsection (f) of this Section
14shall be deposited into the Secretary of State Police DUI Fund
15and, subject to appropriation, shall be used for enforcement
16and prevention of driving while under the influence of alcohol,
17other drug or drugs, intoxicating compound or compounds or any
18combination thereof, as defined by Section 11-501 of this Code,
19including but not limited to the purchase of law enforcement
20equipment and commodities to assist in the prevention of
21alcohol related criminal violence throughout the State; police
22officer training and education in areas related to alcohol
23related crime, including but not limited to DUI training; and
24police officer salaries, including but not limited to salaries
25for hire back funding for safety checkpoints, saturation
26patrols, and liquor store sting operations.

 

 

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1    (h) Whenever an individual is sentenced for an offense
2based upon an arrest for a violation of Section 11-501 or a
3similar provision of a local ordinance, and the professional
4evaluation recommends remedial or rehabilitative treatment or
5education, neither the treatment nor the education shall be the
6sole disposition and either or both may be imposed only in
7conjunction with another disposition. The court shall monitor
8compliance with any remedial education or treatment
9recommendations contained in the professional evaluation.
10Programs conducting alcohol or other drug evaluation or
11remedial education must be licensed by the Department of Human
12Services. If the individual is not a resident of Illinois,
13however, the court may accept an alcohol or other drug
14evaluation or remedial education program in the individual's
15state of residence. Programs providing treatment must be
16licensed under existing applicable alcoholism and drug
17treatment licensure standards.
18    (i) (Blank). In addition to any other fine or penalty
19required by law, an individual convicted of a violation of
20Section 11-501, Section 5-7 of the Snowmobile Registration and
21Safety Act, Section 5-16 of the Boat Registration and Safety
22Act, or a similar provision, whose operation of a motor
23vehicle, snowmobile, or watercraft while in violation of
24Section 11-501, Section 5-7 of the Snowmobile Registration and
25Safety Act, Section 5-16 of the Boat Registration and Safety
26Act, or a similar provision proximately caused an incident

 

 

10000SB1328ham001- 86 -LRB100 08307 MRW 26652 a

1resulting in an appropriate emergency response, shall be
2required to make restitution to a public agency for the costs
3of that emergency response. The restitution may not exceed
4$1,000 per public agency for each emergency response. As used
5in this subsection (i), "emergency response" means any incident
6requiring a response by a police officer, a firefighter carried
7on the rolls of a regularly constituted fire department, or an
8ambulance. With respect to funds designated for the Department
9of State Police, the moneys shall be remitted by the circuit
10court clerk to the State Police within one month after receipt
11for deposit into the State Police DUI Fund. With respect to
12funds designated for the Department of Natural Resources, the
13Department of Natural Resources shall deposit the moneys into
14the Conservation Police Operations Assistance Fund.
15    (j) A person that is subject to a chemical test or tests of
16blood under subsection (a) of Section 11-501.1 or subdivision
17(c)(2) of Section 11-501.2 of this Code, whether or not that
18person consents to testing, shall be liable for the expense up
19to $500 for blood withdrawal by a physician authorized to
20practice medicine, a licensed physician assistant, a licensed
21advanced practice nurse, a registered nurse, a trained
22phlebotomist, a licensed paramedic, or a qualified person other
23than a police officer approved by the Department of State
24Police to withdraw blood, who responds, whether at a law
25enforcement facility or a health care facility, to a police
26department request for the drawing of blood based upon refusal

 

 

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1of the person to submit to a lawfully requested breath test or
2probable cause exists to believe the test would disclose the
3ingestion, consumption, or use of drugs or intoxicating
4compounds if:
5        (1) the person is found guilty of violating Section
6    11-501 of this Code or a similar provision of a local
7    ordinance; or
8        (2) the person pleads guilty to or stipulates to facts
9    supporting a violation of Section 11-503 of this Code or a
10    similar provision of a local ordinance when the plea or
11    stipulation was the result of a plea agreement in which the
12    person was originally charged with violating Section
13    11-501 of this Code or a similar local ordinance.
14(Source: P.A. 98-292, eff. 1-1-14; 98-463, eff. 8-16-13;
1598-973, eff. 8-15-14; 99-289, eff. 8-6-15; 99-296, eff. 1-1-16;
1699-642, eff. 7-28-16.)
 
17    (625 ILCS 5/11-605)  (from Ch. 95 1/2, par. 11-605)
18    Sec. 11-605. Special speed limit while passing schools.
19    (a) For the purpose of this Section, "school" means the
20following entities:
21        (1) A public or private primary or secondary school.
22        (2) A primary or secondary school operated by a
23    religious institution.
24        (3) A public, private, or religious nursery school.
25    On a school day when school children are present and so

 

 

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1close thereto that a potential hazard exists because of the
2close proximity of the motorized traffic, no person shall drive
3a motor vehicle at a speed in excess of 20 miles per hour while
4passing a school zone or while traveling on a roadway on public
5school property or upon any public thoroughfare where children
6pass going to and from school.
7    For the purpose of this Section a school day shall begin at
8seven ante meridian and shall conclude at four post meridian.
9    This Section shall not be applicable unless appropriate
10signs are posted upon streets and highways under their
11respective jurisdiction and maintained by the Department,
12township, county, park district, city, village or incorporated
13town wherein the school zone is located. With regard to the
14special speed limit while passing schools, such signs shall
15give proper due warning that a school zone is being approached
16and shall indicate the school zone and the maximum speed limit
17in effect during school days when school children are present.
18    (b) (Blank).
19    (c) Nothing in this Chapter shall prohibit the use of
20electronic speed-detecting devices within 500 feet of signs
21within a special school speed zone indicating such zone, as
22defined in this Section, nor shall evidence obtained thereby be
23inadmissible in any prosecution for speeding provided the use
24of such device shall apply only to the enforcement of the speed
25limit in such special school speed zone.
26    (d) (Blank).

 

 

10000SB1328ham001- 89 -LRB100 08307 MRW 26652 a

1    (e) Except as provided in subsection (e-5), a person who
2violates this Section is guilty of a petty offense. Violations
3of this Section are punishable with a minimum fine of $150 for
4the first violation and a minimum fine of $300 for the second
5or subsequent violation.
6    (e-5) A person committing a violation of this Section is
7guilty of aggravated special speed limit while passing schools
8when he or she drives a motor vehicle at a speed that is:
9        (1) 26 miles per hour or more but less than 35 miles
10    per hour in excess of the applicable special speed limit
11    established under this Section or a similar provision of a
12    local ordinance and is guilty of a Class B misdemeanor; or
13        (2) 35 miles per hour or more in excess of the
14    applicable special speed limit established under this
15    Section or a similar provision of a local ordinance and is
16    guilty of a Class A misdemeanor.
17    (f) (Blank). When a fine for a violation of subsection (a)
18is $150 or greater, the person who violates subsection (a)
19shall be charged an additional $50 to be paid to the unit
20school district where the violation occurred for school safety
21purposes. If the violation occurred in a dual school district,
22$25 of the surcharge shall be paid to the elementary school
23district for school safety purposes and $25 of the surcharge
24shall be paid to the high school district for school safety
25purposes. Notwithstanding any other provision of law, the
26entire $50 surcharge shall be paid to the appropriate school

 

 

10000SB1328ham001- 90 -LRB100 08307 MRW 26652 a

1district or districts.
2    For purposes of this subsection (f), "school safety
3purposes" includes the costs associated with school zone safety
4education, the Safe Routes to School Program under Section
52705-317 of the Department of Transportation Law of the Civil
6Administrative Code of Illinois, safety programs within the
7School Safety and Educational Improvement Block Grant Program
8under Section 2-3.51.5 of the School Code, and the purchase,
9installation, and maintenance of caution lights which are
10mounted on school speed zone signs.
11    (g) (Blank).
12    (h) (Blank).
13(Source: P.A. 99-212, eff. 1-1-16.)
 
14    (625 ILCS 5/11-605.1)
15    Sec. 11-605.1. Special limit while traveling through a
16highway construction or maintenance speed zone.
17    (a) A person may not operate a motor vehicle in a
18construction or maintenance speed zone at a speed in excess of
19the posted speed limit when workers are present.
20    (a-5) A person may not operate a motor vehicle in a
21construction or maintenance speed zone at a speed in excess of
22the posted speed limit when workers are not present.
23    (b) Nothing in this Chapter prohibits the use of electronic
24speed-detecting devices within 500 feet of signs within a
25construction or maintenance speed zone indicating the zone, as

 

 

10000SB1328ham001- 91 -LRB100 08307 MRW 26652 a

1defined in this Section, nor shall evidence obtained by use of
2those devices be inadmissible in any prosecution for speeding,
3provided the use of the device shall apply only to the
4enforcement of the speed limit in the construction or
5maintenance speed zone.
6    (c) As used in this Section, a "construction or maintenance
7speed zone" is an area in which the Department, Toll Highway
8Authority, or local agency has posted signage advising drivers
9that a construction or maintenance speed zone is being
10approached, or in which the Department, Authority, or local
11agency has posted a lower speed limit with a highway
12construction or maintenance speed zone special speed limit sign
13after determining that the preexisting established speed limit
14through a highway construction or maintenance project is
15greater than is reasonable or safe with respect to the
16conditions expected to exist in the construction or maintenance
17speed zone.
18    If it is determined that the preexisting established speed
19limit is safe with respect to the conditions expected to exist
20in the construction or maintenance speed zone, additional speed
21limit signs which conform to the requirements of this
22subsection (c) shall be posted.
23    Highway construction or maintenance speed zone special
24speed limit signs shall be of a design approved by the
25Department. The signs must give proper due warning that a
26construction or maintenance speed zone is being approached and

 

 

10000SB1328ham001- 92 -LRB100 08307 MRW 26652 a

1must indicate the maximum speed limit in effect. The signs also
2must state the amount of the minimum fine for a violation.
3    (d) Except as provided under subsection (d-5), a person who
4violates this Section is guilty of a petty offense. Violations
5of this Section are punishable with a minimum fine of $250 for
6the first violation and a minimum fine of $750 for the second
7or subsequent violation.
8    (d-5) A person committing a violation of this Section is
9guilty of aggravated special speed limit while traveling
10through a highway construction or maintenance speed zone when
11he or she drives a motor vehicle at a speed that is:
12        (1) 26 miles per hour or more but less than 35 miles
13    per hour in excess of the applicable special speed limit
14    established under this Section or a similar provision of a
15    local ordinance and is guilty of a Class B misdemeanor; or
16        (2) 35 miles per hour or more in excess of the
17    applicable special speed limit established under this
18    Section or a similar provision of a local ordinance and is
19    guilty of a Class A misdemeanor.
20    (e) (Blank). If a fine for a violation of this Section is
21$250 or greater, the person who violated this Section shall be
22charged an additional $125, which shall be deposited into the
23Transportation Safety Highway Hire-back Fund in the State
24treasury, unless (i) the violation occurred on a highway other
25than an interstate highway and (ii) a county police officer
26wrote the ticket for the violation, in which case the $125

 

 

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1shall be deposited into that county's Transportation Safety
2Highway Hire-back Fund. In the case of a second or subsequent
3violation of this Section, if the fine is $750 or greater, the
4person who violated this Section shall be charged an additional
5$250, which shall be deposited into the Transportation Safety
6Highway Hire-back Fund in the State treasury, unless (i) the
7violation occurred on a highway other than an interstate
8highway and (ii) a county police officer wrote the ticket for
9the violation, in which case the $250 shall be deposited into
10that county's Transportation Safety Highway Hire-back Fund.
11    (e-5) The Department of State Police and the local county
12police department have concurrent jurisdiction over any
13violation of this Section that occurs on an interstate highway.
14    (f) The Transportation Safety Highway Hire-back Fund,
15which was created by Public Act 92-619, shall continue to be a
16special fund in the State treasury. Subject to appropriation by
17the General Assembly and approval by the Secretary, the
18Secretary of Transportation shall use all moneys in the
19Transportation Safety Highway Hire-back Fund to hire off-duty
20Department of State Police officers to monitor construction or
21maintenance zones.
22    (f-5) Each county shall create a Transportation Safety
23Highway Hire-back Fund. The county shall use the moneys in its
24Transportation Safety Highway Hire-back Fund to hire off-duty
25county police officers to monitor construction or maintenance
26zones in that county on highways other than interstate

 

 

10000SB1328ham001- 94 -LRB100 08307 MRW 26652 a

1highways. The county, in its discretion, may also use a portion
2of the moneys in its Transportation Safety Highway Hire-back
3Fund to purchase equipment for county law enforcement and fund
4the production of materials to educate drivers on construction
5zone safe driving habits.
6    (g) For a second or subsequent violation of this Section
7within 2 years of the date of the previous violation, the
8Secretary of State shall suspend the driver's license of the
9violator for a period of 90 days. This suspension shall only be
10imposed if the current violation of this Section and at least
11one prior violation of this Section occurred during a period
12when workers were present in the construction or maintenance
13zone.
14(Source: P.A. 98-337, eff. 1-1-14; 99-212, eff. 1-1-16; 99-280,
15eff. 1-1-16; 99-642, eff. 7-28-16.)
 
16    (625 ILCS 5/11-605.3)
17    Sec. 11-605.3. Special traffic protections while passing
18parks and recreation facilities and areas.
19    (a) As used in this Section:
20        (1) "Park district" means the following entities:
21            (A) any park district organized under the Park
22        District Code;
23            (B) any park district organized under the Chicago
24        Park District Act; and
25            (C) any municipality, county, forest district,

 

 

10000SB1328ham001- 95 -LRB100 08307 MRW 26652 a

1        school district, township, or other unit of local
2        government that operates a public recreation
3        department or public recreation facilities that has
4        recreation facilities that are not on land owned by any
5        park district listed in subparagraphs (A) and (B) of
6        this subdivision (a)(1).
7        (2) "Park zone" means the recreation facilities and
8    areas on any land owned or operated by a park district that
9    are used for recreational purposes, including but not
10    limited to: parks; playgrounds; swimming pools; hiking
11    trails; bicycle paths; picnic areas; roads and streets; and
12    parking lots.
13        (3) "Park zone street" means that portion of any street
14    or intersection under the control of a local unit of
15    government, adjacent to a park zone, where the local unit
16    of government has, by ordinance or resolution, designated
17    and approved the street or intersection as a park zone
18    street. If, before the effective date of this amendatory
19    Act of the 94th General Assembly, a street already had a
20    posted speed limit lower than 20 miles per hour, then the
21    lower limit may be used for that park zone street.
22        (4) "Safety purposes" means the costs associated with:
23    park zone safety education; the purchase, installation,
24    and maintenance of signs, roadway painting, and caution
25    lights mounted on park zone signs; and any other expense
26    associated with park zones and park zone streets.

 

 

10000SB1328ham001- 96 -LRB100 08307 MRW 26652 a

1    (b) On any day when children are present and within 50 feet
2of motorized traffic, a person may not drive a motor vehicle at
3a speed in excess of 20 miles per hour or any lower posted
4speed while traveling on a park zone street that has been
5designated for the posted reduced speed.
6    (c) On any day when children are present and within 50 feet
7of motorized traffic, any driver traveling on a park zone
8street who fails to come to a complete stop at a stop sign or
9red light, including a driver who fails to come to a complete
10stop at a red light before turning right onto a park zone
11street, is in violation of this Section.
12    (d) This Section does not apply unless appropriate signs
13are posted upon park zone streets maintained by the Department
14or by the unit of local government in which the park zone is
15located. With regard to the special speed limit on park zone
16streets, the signs must give proper due warning that a park
17zone is being approached and must indicate the maximum speed
18limit on the park zone street.
19    (e) A first violation of this Section is a petty offense
20with a minimum fine of $250. A second or subsequent violation
21of this Section is a petty offense with a minimum fine of $500.
22    (f) (Blank). When a fine for a violation of this Section is
23imposed, the person who violates this Section shall be charged
24an additional $50, to be paid to the park district for safety
25purposes.
26    (g) The Department shall, within 6 months of the effective

 

 

10000SB1328ham001- 97 -LRB100 08307 MRW 26652 a

1date of this amendatory Act of the 94th General Assembly,
2design a set of standardized traffic signs for park zones and
3park zone streets, including but not limited to: "park zone",
4"park zone speed limit", and "warning: approaching a park
5zone". The design of these signs shall be made available to all
6units of local government or manufacturers at no charge, except
7for reproduction and postage.
8(Source: P.A. 94-808, eff. 5-26-06.)
 
9    (625 ILCS 5/11-1002.5)
10    Sec. 11-1002.5. Pedestrians' right-of-way at crosswalks;
11school zones.
12    (a) For the purpose of this Section, "school" has the
13meaning ascribed to that term in Section 11-605.
14    On a school day when school children are present and so
15close thereto that a potential hazard exists because of the
16close proximity of the motorized traffic and when traffic
17control signals are not in place or not in operation, the
18driver of a vehicle shall stop and yield the right-of-way to a
19pedestrian crossing the roadway within a crosswalk when the
20pedestrian is upon the half of the roadway upon which the
21vehicle is traveling, or when the pedestrian is approaching so
22closely from the opposite half of the roadway as to be in
23danger.
24    For the purpose of this Section, a school day shall begin
25at seven ante meridian and shall conclude at four post

 

 

10000SB1328ham001- 98 -LRB100 08307 MRW 26652 a

1meridian.
2    This Section shall not be applicable unless appropriate
3signs are posted in accordance with Section 11-605.
4    (b) A first violation of this Section is a petty offense
5with a minimum fine of $150. A second or subsequent violation
6of this Section is a petty offense with a minimum fine of $300.
7    (c) (Blank). When a fine for a violation of subsection (a)
8is $150 or greater, the person who violates subsection (a)
9shall be charged an additional $50 to be paid to the unit
10school district where the violation occurred for school safety
11purposes. If the violation occurred in a dual school district,
12$25 of the surcharge shall be paid to the elementary school
13district for school safety purposes and $25 of the surcharge
14shall be paid to the high school district for school safety
15purposes. Notwithstanding any other provision of law, the
16entire $50 surcharge shall be paid to the appropriate school
17district or districts.
18    For purposes of this subsection (c), "school safety
19purposes" has the meaning ascribed to that term in Section
2011-605.
21(Source: P.A. 95-302, eff. 1-1-08; 96-1165, eff. 7-22-10.)
 
22    (625 ILCS 5/15-113)  (from Ch. 95 1/2, par. 15-113)
23    Sec. 15-113. Violations; Penalties.
24    (a) Whenever any vehicle is operated in violation of the
25provisions of Section 15-111 or subsection (d) of Section

 

 

10000SB1328ham001- 99 -LRB100 08307 MRW 26652 a

13-401, the owner or driver of such vehicle shall be deemed
2guilty of such violation and either the owner or the driver of
3such vehicle may be prosecuted for such violation. Any person
4charged with a violation of any of these provisions who pleads
5not guilty shall be present in court for the trial on the
6charge. Any person, firm or corporation convicted of any
7violation of Section 15-111 including, but not limited to, a
8maximum axle or gross limit specified on a regulatory sign
9posted in accordance with paragraph (e) or (f) of Section
1015-111, shall be fined according to the following schedule:
 
11Up to and including 2000 pounds overweight, the fine is $100
 
12From 2001 through 2500 pounds overweight, the fine is $270
 
13From 2501 through 3000 pounds overweight, the fine is $330
 
14From 3001 through 3500 pounds overweight, the fine is $520
 
15From 3501 through 4000 pounds overweight, the fine is $600
 
16From 4001 through 4500 pounds overweight, the fine is $850
 
17From 4501 through 5000 pounds overweight, the fine is $950
 
18From 5001 or more pounds overweight, the fine shall be computed

 

 

10000SB1328ham001- 100 -LRB100 08307 MRW 26652 a

1by assessing $1500 for the first 5000 pounds overweight and
2$150 for each additional increment of 500 pounds overweight or
3fraction thereof.
 
4    In addition any person, firm or corporation convicted of 4
5or more violations of Section 15-111 within any 12 month period
6shall be fined an additional amount of $5,000 for the fourth
7and each subsequent conviction within the 12 month period.
8Provided, however, that with regard to a firm or corporation, a
9fourth or subsequent conviction shall mean a fourth or
10subsequent conviction attributable to any one employee-driver.
11    (b) Whenever any vehicle is operated in violation of the
12provisions of Sections 15-102, 15-103 or 15-107, the owner or
13driver of such vehicle shall be deemed guilty of such violation
14and either may be prosecuted for such violation. Any person,
15firm or corporation convicted of any violation of Sections
1615-102, 15-103 or 15-107 shall be fined for the first or second
17conviction an amount equal to not less than $50 nor more than
18$500, and for the third and subsequent convictions by the same
19person, firm or corporation within a period of one year after
20the date of the first offense, not less than $500 nor more than
21$1,000.
22    (c) All proceeds equal to 50% of the additional fines
23imposed under subsection (a) of this Section by this amendatory
24Act of the 96th General Assembly shall be remitted to the State
25Treasurer and deposited into the Capital Projects Fund.

 

 

10000SB1328ham001- 101 -LRB100 08307 MRW 26652 a

1(Source: P.A. 96-34, eff. 1-1-10; 96-1000, eff. 7-2-10; 97-201,
2eff. 1-1-12.)
 
3    (625 ILCS 5/16-105)  (from Ch. 95 1/2, par. 16-105)
4    Sec. 16-105. Disposition of fines and forfeitures.
5    (a) Except as provided in Section 15-113 and Section
616-104a of this Act and except for those amounts required to be
7paid into the Traffic and Criminal Conviction Surcharge Fund in
8the State Treasury pursuant to Section 9.1 of the Illinois
9Police Training Act and Section 5-9-1 of the Unified Code of
10Corrections and except those amounts subject to disbursement by
11the circuit clerk under the Criminal and Traffic Assessment Act
12Section 27.5 of the Clerks of Courts Act, fines and penalties
13recovered under the provisions of Chapters 3 11 through 17 and
1418b 16 inclusive of this Code shall be paid and used as
15follows:
16        1. For offenses committed upon a highway within the
17    limits of a city, village, or incorporated town or under
18    the jurisdiction of any park district, to the treasurer of
19    the particular city, village, incorporated town or park
20    district, if the violator was arrested by the authorities
21    of the city, village, incorporated town or park district,
22    provided the police officers and officials of cities,
23    villages, incorporated towns and park districts shall
24    seasonably prosecute for all fines and penalties under this
25    Code. If the violation is prosecuted by the authorities of

 

 

10000SB1328ham001- 102 -LRB100 08307 MRW 26652 a

1    the county, any fines or penalties recovered shall be paid
2    to the county treasurer, except that fines and penalties
3    recovered from violations arrested by the State Police
4    shall be remitted to the State Police Operations Assistance
5    Fund. Provided further that if the violator was arrested by
6    the State Police, fines and penalties recovered under the
7    provisions of paragraph (a) of Section 15-113 of this Code
8    or paragraph (e) of Section 15-316 of this Code shall be
9    paid over to the Department of State Police which shall
10    thereupon remit the amount of the fines and penalties so
11    received to the State Treasurer who shall deposit the
12    amount so remitted in the special fund in the State
13    treasury known as the Road Fund except that if the
14    violation is prosecuted by the State's Attorney, 10% of the
15    fine or penalty recovered shall be paid to the State's
16    Attorney as a fee of his office and the balance shall be
17    paid over to the Department of State Police for remittance
18    to and deposit by the State Treasurer as hereinabove
19    provided.
20        2. Except as provided in paragraph 4, for offenses
21    committed upon any highway outside the limits of a city,
22    village, incorporated town or park district, to the county
23    treasurer of the county where the offense was committed
24    except if such offense was committed on a highway
25    maintained by or under the supervision of a township,
26    township district, or a road district to the Treasurer

 

 

10000SB1328ham001- 103 -LRB100 08307 MRW 26652 a

1    thereof for deposit in the road and bridge fund of such
2    township or other district, except that fines and penalties
3    recovered from violations arrested by the State Police
4    shall be remitted to the State Police Operations Assistance
5    Fund; provided ; Provided, that fines and penalties
6    recovered under the provisions of paragraph (a) of Section
7    15-113, paragraph (d) of Section 3-401, or paragraph (e) of
8    Section 15-316 of this Code shall be paid over to the
9    Department of State Police which shall thereupon remit the
10    amount of the fines and penalties so received to the State
11    Treasurer who shall deposit the amount so remitted in the
12    special fund in the State treasury known as the Road Fund
13    except that if the violation is prosecuted by the State's
14    Attorney, 10% of the fine or penalty recovered shall be
15    paid to the State's Attorney as a fee of his office and the
16    balance shall be paid over to the Department of State
17    Police for remittance to and deposit by the State Treasurer
18    as hereinabove provided.
19        3. Notwithstanding subsections 1 and 2 of this
20    paragraph, for violations of overweight and overload
21    limits found in Sections 15-101 through 15-203 of this
22    Code, which are committed upon the highways belonging to
23    the Illinois State Toll Highway Authority, fines and
24    penalties shall be paid over to the Illinois State Toll
25    Highway Authority for deposit with the State Treasurer into
26    that special fund known as the Illinois State Toll Highway

 

 

10000SB1328ham001- 104 -LRB100 08307 MRW 26652 a

1    Authority Fund, except that if the violation is prosecuted
2    by the State's Attorney, 10% of the fine or penalty
3    recovered shall be paid to the State's Attorney as a fee of
4    his office and the balance shall be paid over to the
5    Illinois State Toll Highway Authority for remittance to and
6    deposit by the State Treasurer as hereinabove provided.
7        4. With regard to violations of overweight and overload
8    limits found in Sections 15-101 through 15-203 of this Code
9    committed by operators of vehicles registered as Special
10    Hauling Vehicles, for offenses committed upon a highway
11    within the limits of a city, village, or incorporated town
12    or under the jurisdiction of any park district, all fines
13    and penalties shall be paid over or retained as required in
14    paragraph 1. However, with regard to the above offenses
15    committed by operators of vehicles registered as Special
16    Hauling Vehicles upon any highway outside the limits of a
17    city, village, incorporated town or park district, fines
18    and penalties shall be paid over or retained by the entity
19    having jurisdiction over the road or highway upon which the
20    offense occurred, except that if the violation is
21    prosecuted by the State's Attorney, 10% of the fine or
22    penalty recovered shall be paid to the State's Attorney as
23    a fee of his office.
24    (b) Failure, refusal or neglect on the part of any judicial
25or other officer or employee receiving or having custody of any
26such fine or forfeiture either before or after a deposit with

 

 

10000SB1328ham001- 105 -LRB100 08307 MRW 26652 a

1the proper official as defined in paragraph (a) of this
2Section, shall constitute misconduct in office and shall be
3grounds for removal therefrom.
4(Source: P.A. 96-34, eff. 1-1-10.)
 
5    (625 ILCS 5/16-104a rep.)
6    (625 ILCS 5/16-104b rep.)
7    (625 ILCS 5/16-104c rep.)
8    (625 ILCS 5/16-104d rep.)
9    (625 ILCS 5/16-104d-1 rep.)
10    Section 905-47. The Illinois Vehicle Code is amended by
11repealing Sections 16-104a, 16-104b, 16-104c, 16-104d, and
1216-104d-1.
 
13    Section 905-50. The Access to Justice Act is amended by
14changing Section 15 as follows:
 
15    (705 ILCS 95/15)
16    Sec. 15. Access to Justice Fund.
17    (a) The Access to Justice Fund is created as a special fund
18in the State treasury. The Fund shall consist of fees collected
19under Section 27.3g of the Clerks of Courts Act. Moneys in the
20Access to Justice Fund shall be appropriated to the Attorney
21General for disbursements to the Foundation. The Foundation
22shall use the moneys to make grants and distributions for the
23administration of the pilot programs created under this Act.

 

 

10000SB1328ham001- 106 -LRB100 08307 MRW 26652 a

1Grants or distributions made under this Act to the Foundation
2are subject to the requirements of the Illinois Grant Funds
3Recovery Act.
4    (b) In accordance with the requirements of the Illinois
5Equal Justice Act, the Foundation may make grants, enter into
6contracts, and take other actions recommended by the Council to
7effectuate the pilot programs and comply with the other
8requirements of this Act.
9    (c) The governing board of the Foundation must prepare and
10submit an annual report to the Governor, the President of the
11Senate, the Minority Leader of the Senate, the Speaker of the
12House of Representatives, the Minority Leader of the House of
13Representatives, and the Justices of the Illinois Supreme
14Court. The report must include: (i) a statement of the total
15receipts and a breakdown by source during each of the previous
162 calendar years; (ii) a list of the names and addresses of the
17recipients that are currently receiving grants or
18distributions and that received grants or distributions in the
19previous year and the amounts committed to recipients for the
20current year and paid in the previous year; (iii) a breakdown
21of the amounts of grants or distributions paid during the
22previous year to recipients and the amounts committed to each
23recipient for the current year; (iv) a breakdown of the
24Foundation's costs in administering the Fund; (v) a statement
25of the Fund balance at the start and at the close of the
26previous year and the interest earned during the previous year;

 

 

10000SB1328ham001- 107 -LRB100 08307 MRW 26652 a

1and (vi) any notices the Foundation issued denying applications
2for grants or distributions under this Act. The report, in its
3entirety, is a public record, and the Foundation and the
4Governor shall make the report available for inspection upon
5request.
6    (d) The Foundation may annually retain a portion of the
7disbursements it receives under this Section to reimburse the
8Foundation for the actual cost of administering the Council and
9for making the grants and distributions pursuant to this Act
10during that year.
11    (e) No moneys distributed by the Foundation from the Access
12to Justice Fund may be directly or indirectly used for lobbying
13activities, as defined in Section 2 of the Lobbyist
14Registration Act or as defined in any ordinance or resolution
15of a municipality, county, or other unit of local government in
16Illinois.
17    (f) The Foundation may make, enter into, and execute
18contracts, agreements, leases, and other instruments with any
19person, including without limitation any federal, State, or
20local governmental agency, and may take other actions that may
21be necessary or convenient to accomplish any purpose authorized
22by this Act.
23    (g) The Foundation has the authority to receive and accept
24any and all grants, loans, subsidies, matching funds,
25reimbursements, federal grant moneys, fees for services, and
26other things of value from the federal or State government or

 

 

10000SB1328ham001- 108 -LRB100 08307 MRW 26652 a

1any agency of any other state or from any institution, person,
2firm, or corporation, public or private, to be used to carry
3out the purposes of this Act.
4(Source: P.A. 98-351, eff. 8-15-13; 99-281, eff. 8-5-15.)
 
5    Section 905-55. The Clerks of Courts Act is amended by
6changing Sections 27.2b and 27.3 and by adding Section 27.1b as
7follows:
 
8    (705 ILCS 105/27.1b new)
9    Sec. 27.1b. Circuit court clerk fees. Notwithstanding any
10other provision of law, all fees charged by the clerks of the
11circuit court for the services described in this Section shall
12be established, collected, and disbursed in accordance with
13this Section. All fees under this Section shall be paid in
14advance and disbursed by each clerk on a monthly basis. Unless
15otherwise specified in this Section, the amount of a fee shall
16be determined by ordinance or resolution of the county board
17and remitted to the county treasurer to be used for purposes
18related to the operation of the court system in the county.
19    (a) Civil cases. The fee for filing a complaint, petition,
20or other pleading initiating a civil action shall be as set
21forth in the applicable schedule under this subsection in
22accordance with case categories established by the Supreme
23Court in schedules.
24        (1) SCHEDULE 1: not to exceed a total of $356 in a

 

 

10000SB1328ham001- 109 -LRB100 08307 MRW 26652 a

1    county with a population of 3,000,000 or more and $289 in
2    any other county. The fees collected under this schedule
3    shall be disbursed as follows:
4            (A) The clerk shall retain a sum, in an amount not
5        to exceed $53 in a county with a population of
6        3,000,000 or more and $45 in any other county
7        determined by the clerk with the approval of the
8        Supreme Court, to be used for court automation, court
9        document storage, and administrative purposes.
10            (B) The clerk shall remit up to $21 to the State
11        Treasurer. The State Treasurer shall deposit the
12        appropriate amounts, in accordance with the clerk's
13        instructions, as follows:
14                (i) up to $10, as specified by the Supreme
15            Court in accordance with Part 10A of Article II of
16            the Code of Civil Procedure, into the Mandatory
17            Arbitration Fund;
18                (ii) $2 into the Access to Justice Fund; and
19                (iii) $9 into the Supreme Court Special
20            Purposes Fund.
21            (C) The clerk shall remit a sum to the County
22        Treasurer, in an amount not to exceed $282 in a county
23        with a population of 3,000,000 or more and $223 in any
24        other county, as specified by ordinance or resolution
25        passed by the county board, for purposes related to the
26        operation of the court system in the county.

 

 

10000SB1328ham001- 110 -LRB100 08307 MRW 26652 a

1        (2) SCHEDULE 2: not to exceed a total of $355 in a
2    county with a population of 3,000,000 or more and $189 in
3    any other county. The fees collected under this schedule
4    shall be disbursed as follows:
5            (A) The clerk shall retain a sum, in an amount not
6        to exceed $53 in a county with a population of
7        3,000,000 or more and $45 in any other county
8        determined by the clerk with the approval of the
9        Supreme Court, to be used for court automation, court
10        document storage, and administrative purposes.
11            (B) The clerk shall remit up to $21 to the State
12        Treasurer. The State Treasurer shall deposit the
13        appropriate amounts, in accordance with the clerk's
14        instructions, as follows:
15                (i) up to $10, as specified by the Supreme
16            Court in accordance with Part 10A of Article II of
17            the Code of Civil Procedure, into the Mandatory
18            Arbitration Fund;
19                (ii) $2 into the Access to Justice Fund: and
20                (iii) $9 into the Supreme Court Special
21            Purposes Fund.
22            (C) The clerk shall remit a sum to the County
23        Treasurer, in an amount not to exceed $281 in a county
24        with a population of 3,000,000 or more and $123 in any
25        other county, as specified by ordinance or resolution
26        passed by the county board, for purposes related to the

 

 

10000SB1328ham001- 111 -LRB100 08307 MRW 26652 a

1        operation of the court system in the county.
2        (3) SCHEDULE 3: not to exceed a total of $260 in a
3    county with a population of 3,000,000 or more and $89 in
4    any other county. The fees collected under this schedule
5    shall be disbursed as follows:
6            (A) The clerk shall retain a sum, in an amount not
7        to exceed $50 in a county with a population of
8        3,000,000 or more and $22 in any other county
9        determined by the clerk with the approval of the
10        Supreme Court, to be used for court automation, court
11        document storage, and administrative purposes.
12            (B) The clerk shall remit $11 to the State
13        Treasurer. The State Treasurer shall deposit the
14        appropriate amounts in accordance with the clerk's
15        instructions, as follows:
16                (i) $2 into the Access to Justice Fund; and
17                (ii) $9 into the Supreme Court Special
18            Purposes Fund.
19            (C) The clerk shall remit a sum to the County
20        Treasurer, in an amount not to exceed $199 in a county
21        with a population of 3,000,000 or more and $56 in any
22        other county, as specified by ordinance or resolution
23        passed by the county board, for purposes related to the
24        operation of the court system in the county.
25        (4) SCHEDULE 4: $0.
26    (b) Appearance. The fee for filing an appearance in a civil

 

 

10000SB1328ham001- 112 -LRB100 08307 MRW 26652 a

1action, including a cannabis civil law action under the
2Cannabis Control Act, shall be as set forth in the applicable
3schedule under this subsection in accordance with case
4categories established by the Supreme Court in schedules.
5        (1) SCHEDULE 1: not to exceed a total of $230 in a
6    county with a population of 3,000,000 or more and $149 in
7    any other county. The fees collected under this schedule
8    shall be disbursed as follows:
9            (A) The clerk shall retain a sum, in an amount not
10        to exceed $50 in a county with a population of
11        3,000,000 or more and $28 in any other county
12        determined by the clerk with the approval of the
13        Supreme Court, to be used for court automation, court
14        document storage, and administrative purposes.
15            (B) The clerk shall remit up to $21 to the State
16        Treasurer. The State Treasurer shall deposit the
17        appropriate amounts, in accordance with the clerk's
18        instructions, as follows:
19                (i) up to $10, as specified by the Supreme
20            Court in accordance with Part 10A of Article II of
21            the Code of Civil Procedure, into the Mandatory
22            Arbitration Fund;
23                (ii) $2 into the Access to Justice Fund; and
24                (iii) $9 into the Supreme Court Special
25            Purposes Fund.
26            (C) The clerk shall remit a sum to the County

 

 

10000SB1328ham001- 113 -LRB100 08307 MRW 26652 a

1        Treasurer, in an amount not to exceed $159 in a county
2        with a population of 3,000,000 or more and $100 in any
3        other county, as specified by ordinance or resolution
4        passed by the county board, for purposes related to the
5        operation of the court system in the county.
6        (2) SCHEDULE 2: not to exceed a total of $130 in a
7    county with a population of 3,000,000 or more and $49 in
8    any other county. The fees collected under this schedule
9    shall be disbursed as follows:
10            (A) The clerk shall retain a sum, in an amount not
11        to exceed $50 in a county with a population of
12        3,000,000 or more and $10 in any other county
13        determined by the clerk with the approval of the
14        Supreme Court, to be used for court automation, court
15        document storage, and administrative purposes.
16            (B) The clerk shall remit $9 to the State
17        Treasurer, which the State Treasurer shall deposit
18        into the Supreme Court Special Purpose Fund.
19            (C) The clerk shall remit a sum to the County
20        Treasurer, in an amount not to exceed $71 in a county
21        with a population of 3,000,000 or more and $30 in any
22        other county, as specified by ordinance or resolution
23        passed by the county board, for purposes related to the
24        operation of the court system in the county.
25        (3) SCHEDULE 3: $0.
26    (b-5) Kane County and Will County. In Kane County and Will

 

 

10000SB1328ham001- 114 -LRB100 08307 MRW 26652 a

1County civil cases, there is an additional fee of up to $30 as
2set by the county board under Section 5-1101.3 of the Counties
3Code to be paid by each party at the time of filing the first
4pleading, paper, or other appearance; provided that no
5additional fee shall be required if more than one party is
6represented in a single pleading, paper, or other appearance.
7Distribution of fees collected under this subsection (b-5)
8shall be as provided in Section 5-1101.3 of the Counties Code.
9    (c) Counterclaim or third party complaint. When any
10defendant files a counterclaim or third party complaint, as
11part of the defendant's answer or otherwise, the defendant
12shall pay a filing fee for each counterclaim or third party
13complaint in an amount equal to the filing fee the defendant
14would have had to pay had the defendant brought a separate
15action for the relief sought in the counterclaim or third party
16complaint, less the amount of the appearance fee, if any, that
17the defendant has already paid in the action in which the
18counterclaim or third party complaint is filed.
19    (d) Alias summons. The clerk shall collect a fee not to
20exceed $5 for each alias summons or citation issued by the
21clerk.
22    (e) Jury services. The clerk shall collect, in addition to
23other fees allowed by law, a sum not to exceed $212.50, as a
24fee for the services of a jury in every civil action not
25quasi-criminal in its nature and not a proceeding for the
26exercise of the right of eminent domain and in every other

 

 

10000SB1328ham001- 115 -LRB100 08307 MRW 26652 a

1action wherein the right of trial by jury is or may be given by
2law. The jury fee shall be paid by the party demanding a jury
3at the time of filing the jury demand. If the fee is not paid by
4either party, no jury shall be called in the action or
5proceeding, and the action or proceeding shall be tried by the
6court without a jury.
7    (f) Change of venue. In connection with a change of venue:
8        (1) The clerk of the jurisdiction from which the case
9    is transferred may charge a fee, not to exceed $40, for the
10    preparation and certification of the record; and
11        (2) The clerk of the jurisdiction to which the case is
12    transferred may charge the same filing fee as if it were
13    the commencement of a new suit.
14    (g) Petition to vacate or modify.
15        (1) In a proceeding involving a petition to vacate or
16    modify any final judgment or order filed within 30 days
17    after the judgment or order was entered, except for a
18    forcible entry and detainer case, small claims case,
19    petition to reopen an estate, petition to modify,
20    terminate, or enforce a judgment or order for child or
21    spousal support, or petition to modify, suspend, or
22    terminate an order for withholding, the fee shall not
23    exceed $50.
24        (2) In a proceeding involving a petition to vacate or
25    modify any final judgment or order filed more than 30 days
26    after the judgment or order was entered, except for a

 

 

10000SB1328ham001- 116 -LRB100 08307 MRW 26652 a

1    petition to modify, terminate, or enforce a judgment or
2    order for child or spousal support, or petition to modify,
3    suspend, or terminate an order for withholding, the fee
4    shall not exceed $75.
5        (3) In a proceeding involving a motion to vacate or
6    amend a final order, motion to vacate an ex parte judgment,
7    judgment of forfeiture, or "failure to appear" or "failure
8    to comply" notices sent to the Secretary of State, the fee
9    shall equal $40.
10    (h) Appeals preparation. The fee for preparation of a
11record on appeal shall be based on the number of pages, as
12follows:
13        (1) if the record contains no more than 100 pages, the
14    fee shall not exceed $50;
15        (2) if the record contains between 100 and 200 pages,
16    the fee shall not exceed $100; and
17        (3) if the record contains 200 or more pages, the clerk
18    may collect an additional fee not to exceed 25 cents per
19    page.
20    (i) Remands. In any cases remanded to the circuit court
21from the Supreme Court or the appellate court for a new trial,
22the clerk shall reinstate the case with either its original
23number or a new number. The clerk shall not charge any new or
24additional fee for the reinstatement. Upon reinstatement, the
25clerk shall advise the parties of the reinstatement. Parties
26shall have the same right to a jury trial on remand and

 

 

10000SB1328ham001- 117 -LRB100 08307 MRW 26652 a

1reinstatement that they had before the appeal, and no
2additional or new fee or charge shall be made for a jury trial
3after remand.
4    (j) Garnishment, wage deduction, and citation. In
5garnishment affidavit, wage deduction affidavit, and citation
6petition proceedings:
7        (1) if the amount in controversy in the proceeding is
8    not more than $1,000, the fee may not exceed $15;
9        (2) if the amount in controversy in the proceeding is
10    greater than $1,000 and not more than $5,000, the fee may
11    not exceed $30; and
12        (3) if the amount in controversy in the proceeding is
13    greater than $5,000, the fee may not exceed $50.
14    (k) Collections.
15        (1) For all collections made of others, except the
16    State and county and except in maintenance or child support
17    cases, the clerk may collect a fee of up to 2.5% of the
18    amount collected and turned over.
19        (2) In child support and maintenance cases, the clerk
20    may collect an annual fee of up to $36 from the person
21    making payment for maintaining child support records and
22    the processing of support orders to the State of Illinois
23    KIDS system and the recording of payments issued by the
24    State Disbursement Unit for the official record of the
25    Court. This fee is in addition to and separate from amounts
26    ordered to be paid as maintenance or child support and

 

 

10000SB1328ham001- 118 -LRB100 08307 MRW 26652 a

1    shall be deposited into a Separate Maintenance and Child
2    Support Collection Fund, of which the clerk shall be the
3    custodian, ex officio, to be used by the clerk to maintain
4    child support orders and record all payments issued by the
5    State Disbursement Unit for the official record of the
6    Court. The clerk may recover from the person making the
7    maintenance or child support payment any additional cost
8    incurred in the collection of this annual fee.
9        (3) The clerk may collect a fee of $5 for
10    certifications made to the Secretary of State as provided
11    in Section 7-703 of the Family Financial Responsibility Law
12    and these fees shall be deposited into the Separate
13    Maintenance and Child Support Collection Fund.
14        (4) In proceedings to foreclose the lien of delinquent
15    real estate taxes State's Attorneys shall receive a fee of
16    10% of the total amount realized from the sale of real
17    estate sold in the proceedings. The clerk shall collect the
18    fee from the total amount realized from the sale of the
19    real estate sold in the proceedings and remit to the County
20    Treasurer to be credited to the earnings of the Office of
21    State's Attorney.
22    (l) Mailing. The fee for the clerk mailing documents shall
23not exceed $10 plus the cost of postage.
24    (m) Certified copies. The fee for each certified copy of a
25judgment, after the first copy, shall not exceed $10.
26    (n) Certification, authentication, and reproduction.

 

 

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1        (1) The fee for each certification or authentication
2    for taking the acknowledgment of a deed or other instrument
3    in writing with the seal of office shall not exceed $6.
4        (2) The fee for reproduction of any document contained
5    in the clerk's files shall not exceed:
6            (A) $2 for the first page;
7            (B) 50 cents per page for the next 19 pages; and
8            (C) 25 cents per page for all additional pages.
9    (o) Record search. For each record search, within a
10division or municipal district, the clerk may collect a search
11fee not to exceed $6 for each year searched.
12    (p) Hard copy. For each page of hard copy print output,
13when case records are maintained on an automated medium, the
14clerk may collect a fee not to exceed $6.
15    (q) Index inquiry and other records. No fee shall be
16charged for a single plaintiff and defendant index inquiry or
17single case record inquiry when this request is made in person
18and the records are maintained in a current automated medium,
19and when no hard copy print output is requested. The fees to be
20charged for management records, multiple case records, and
21multiple journal records may be specified by the Chief Judge
22pursuant to the guidelines for access and dissemination of
23information approved by the Supreme Court.
24    (r) Performing a marriage. There shall be a $10 fee for
25performing a marriage in court.
26    (s) Voluntary assignment. For filing each deed of voluntary

 

 

10000SB1328ham001- 120 -LRB100 08307 MRW 26652 a

1assignment, the clerk shall collect a fee not to exceed $20.
2For recording a deed of voluntary assignment, the clerk shall
3collect a fee not to exceed 50 cents for each 100 words.
4Exceptions filed to claims presented to an assignee of a debtor
5who has made a voluntary assignment for the benefit of
6creditors shall be considered and treated, for the purpose of
7taxing costs therein, as actions in which the party or parties
8filing the exceptions shall be considered as party or parties
9plaintiff, and the claimant or claimants as party or parties
10defendant, and those parties respectively shall pay to the
11clerk the same fees as provided by this Section to be paid in
12other actions.
13    (t) Expungement petition. The clerk may collect a fee not
14to exceed $60 for each expungement petition filed and an
15additional fee not to exceed $4 for each certified copy of an
16order to expunge arrest records.
17    (u) Transcripts of judgment. For the filing of a transcript
18of judgment, the clerk may collect the same fee as if it were
19the commencement of a new suit.
20    (v) Probate filings.
21        (1) For each account (other than one final account)
22    filed in the estate of a decedent, or ward, the fee shall
23    not exceed $25.
24        (2) For filing a claim in an estate when the amount
25    claimed is greater than $150 and not more than $500, the
26    fee shall not exceed $25; when the amount claimed is

 

 

10000SB1328ham001- 121 -LRB100 08307 MRW 26652 a

1    greater than $500 and not more than $10,000, the fee shall
2    not exceed $40; and when the amount claimed is more than
3    $10,000, the fee shall not exceed $60; except the court in
4    allowing a claim may add to the amount allowed the filing
5    fee paid by the claimant.
6        (3) For filing in an estate a claim, petition, or
7    supplemental proceeding based upon an action seeking
8    equitable relief including the construction or contest of a
9    will, enforcement of a contract to make a will, and
10    proceedings involving testamentary trusts or the
11    appointment of testamentary trustees, the fee shall not
12    exceed $60.
13        (4) There shall be no fee for filing in an estate: (i)
14    the appearance of any person for the purpose of consent; or
15    (ii) the appearance of an executor, administrator,
16    administrator to collect, guardian, guardian ad litem, or
17    special administrator.
18        (5) For each jury demand, the fee shall not exceed
19    $137.50.
20        (6) For each certified copy of letters of office, of
21    court order, or other certification, the fee shall not
22    exceed $2 per page.
23        (7) For each exemplification, the fee shall not exceed
24    $2, plus the fee for certification.
25        (8) The executor, administrator, guardian, petitioner,
26    or other interested person or his or her attorney shall pay

 

 

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1    the cost of publication by the clerk directly to the
2    newspaper.
3        (9) The person on whose behalf a charge is incurred for
4    witness, court reporter, appraiser, or other miscellaneous
5    fees shall pay the same directly to the person entitled
6    thereto.
7        (10) The executor, administrator, guardian,
8    petitioner, or other interested person or his or her
9    attorney shall pay to the clerk all postage charges
10    incurred by the clerk in mailing petitions, orders,
11    notices, or other documents pursuant to the provisions of
12    the Probate Act of 1975.
13    (w) Corrections of numbers. For correction of the case
14number, case title, or attorney computer identification
15number, if required by rule of court, on any document filed in
16the clerk's office, to be charged against the party that filed
17the document, the fee shall not exceed $25.
18    (x) Miscellaneous.
19        (1) Interest earned on any fees collected by the clerk
20    shall be turned over to the county general fund as an
21    earning of the office.
22        (2) For any check, draft, or other bank instrument
23    returned to the clerk for non-sufficient funds, account
24    closed, or payment stopped, the clerk shall collect a fee
25    of $25.
26    (y) Other fees. The clerk of the circuit court may provide

 

 

10000SB1328ham001- 123 -LRB100 08307 MRW 26652 a

1services in connection with the operation of the clerk's
2office, other than those services mentioned in this Section, as
3may be requested by the public and agreed to by the clerk and
4approved by the Chief Judge. Any charges for additional
5services shall be as agreed to between the clerk and the party
6making the request and approved by the Chief Judge. Nothing in
7this subsection shall be construed to require any clerk to
8provide any service not otherwise required by law.
9    (z) Exceptions.
10        (1) No fee authorized by this Section shall apply to:
11            (A) police departments or other law enforcement
12        agencies. In this Section, "law enforcement agency"
13        means: an agency of the State or a unit of local
14        government which is vested by law or ordinance with the
15        duty to maintain public order and to enforce criminal
16        laws or ordinances; the Attorney General; or any
17        State's Attorney;
18            (B) any action instituted under subsection (b) of
19        Section 11-31-1 of the Illinois Municipal Code by a
20        private owner or tenant of real property within 1,200
21        feet of a dangerous or unsafe building seeking an order
22        compelling the owner or owners of the building to take
23        any of the actions authorized under that subsection;
24            (C) any commitment petition or petition for an
25        order authorizing the administration of psychotropic
26        medication or electroconvulsive therapy under the

 

 

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1        Mental Health and Developmental Disabilities Code;
2            (D) a petitioner in any order of protection
3        proceeding, including, but not limited to, fees for
4        filing, modifying, withdrawing, certifying, or
5        photocopying petitions for orders of protection,
6        issuing alias summons, any related filing service, or
7        certifying, modifying, vacating, or photocopying any
8        orders of protection; or
9            (E) proceedings for the appointment of a
10        confidential intermediary under the Adoption Act.
11        (2) No fee other than the filing fee contained in the
12    applicable schedule in subsection (a) shall be charged to
13    any person in connection with an adoption proceeding.
14        (3) Upon good cause shown, the court may waive any fees
15    associated with a special needs adoption. The term "special
16    needs adoption" has the meaning provided by the Illinois
17    Department of Children and Family Services.
18    (aa) This Section is repealed on December 31, 2019.
 
19    (705 ILCS 105/27.2b)
20    Sec. 27.2b. State income tax refund intercept. The Clerk
21of the Circuit Court may enter into an agreement with the
22Illinois Department of Revenue to establish a pilot program for
23the purpose of collecting certain fees. The purpose shall be to
24intercept, in whole or in part, State income tax refunds due
25the persons who owe past due fees to the Clerk of the Circuit

 

 

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1Court in order to satisfy unpaid assessments under the Criminal
2and Traffic Assessment Act fees pursuant to the fee
3requirements of Sections 27.1a, 27.2, and 27.2a of this Act.
4The agreement shall include, but may not be limited to, a
5certification by the Clerk of the Circuit Court that the debt
6claims forwarded to the Department of Revenue are valid and
7that reasonable efforts have been made to notify persons of the
8delinquency of the debt. The agreement shall include provisions
9for payment of the intercept by the Department of Revenue to
10the Clerk of the Circuit Court and procedures for an
11appeal/protest by the debtor when an intercept occurs. The
12agreement may also include provisions to allow the Department
13of Revenue to recover its cost for administering the program.
14    Intercepts made pursuant to this Section shall not
15interfere with the collection of debts related to child
16support. During the collection of debts under this Section,
17when there are 2 or more debt claims certified to the
18Department at the same time, priority of collection shall be as
19provided in Section 911.3 of the Illinois Income Tax Act.
20(Source: P.A. 93-836, eff. 1-1-05.)
 
21    (705 ILCS 105/27.3)  (from Ch. 25, par. 27.3)
22    Sec. 27.3. Compensation.
23    (a) The county board shall provide the compensation of
24Clerks of the Circuit Court, and the amount necessary for clerk
25hire, stationery, fuel and other expenses. Beginning December

 

 

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11, 1989, the compensation per annum for Clerks of the Circuit
2Court shall be as follows:
3    In counties where the population is:
4Less than 14,000.......................at least $13,500
514,001-30,000..........................at least $14,500
630,001-60,000..........................at least $15,000
760,001-100,000.........................at least $15,000
8100,001-200,000........................at least $16,500
9200,001-300,000........................at least $18,000
10300,001- 3,000,000.....................at least $20,000
11Over 3,000,000.........................at least $55,000
12    (b) In counties in which the population is 3,000,000 or
13less, "base salary" is the compensation paid for each Clerk of
14the Circuit Court, respectively, before July 1, 1989.
15    (c) The Clerks of the Circuit Court, in counties in which
16the population is 3,000,000 or less, shall be compensated as
17follows:
18        (1) Beginning December 1, 1989, base salary plus at
19    least 3% of base salary.
20        (2) Beginning December 1, 1990, base salary plus at
21    least 6% of base salary.
22        (3) Beginning December 1, 1991, base salary plus at
23    least 9% of base salary.
24        (4) Beginning December 1, 1992, base salary plus at
25    least 12% of base salary.
26    (d) In addition to the compensation provided by the county

 

 

10000SB1328ham001- 127 -LRB100 08307 MRW 26652 a

1board, each Clerk of the Circuit Court shall receive an award
2from the State for the additional duties imposed by Sections
35-9-1 and 5-9-1.2 of the Unified Code of Corrections, Section
410 of the Violent Crime Victims Assistance Act, Section 16-104a
5of the Illinois Vehicle Code, and other laws, in the following
6amount:
7    (1) $3,500 per year before January 1, 1997.
8    (2) $4,500 per year beginning January 1, 1997.
9    (3) $5,500 per year beginning January 1, 1998.
10    (4) $6,500 per year beginning January 1, 1999.
11The total amount required for such awards shall be appropriated
12each year by the General Assembly to the Supreme Court, which
13shall distribute such awards in annual lump sum payments to the
14Clerks of the Circuit Court in all counties. This annual award,
15and any other award or stipend paid out of State funds to the
16Clerks of the Circuit Court, shall not affect any other
17compensation provided by law to be paid to Clerks of the
18Circuit Court.
19    (e) (Blank).
20    (f) No county board may reduce or otherwise impair the
21compensation payable from county funds to a Clerk of the
22Circuit Court if the reduction or impairment is the result of
23the Clerk of the Circuit Court receiving an award or stipend
24payable from State funds.
25(Source: P.A. 98-24, eff. 6-19-13.)
 

 

 

10000SB1328ham001- 128 -LRB100 08307 MRW 26652 a

1    (705 ILCS 105/27.1a rep.)
2    (705 ILCS 105/27.2 rep.)
3    (705 ILCS 105/27.2a rep.)
4    (705 ILCS 105/27.3a rep.)
5    (705 ILCS 105/27.3c rep.)
6    (705 ILCS 105/27.3e rep.)
7    (705 ILCS 105/27.3g rep.)
8    (705 ILCS 105/27.4 rep.)
9    (705 ILCS 105/27.5 rep.)
10    (705 ILCS 105/27.6 rep.)
11    Section 905-57. The Clerks of Courts Act is amended by
12repealing Sections 27.1a, 27.2, 27.2a, 27.3a, 27.3c, 27.3e,
1327.3g, 27.4, 27.5, and 27.6.
 
14    Section 905-60. The Juvenile Court Act of 1987 is amended
15by changing Section 5-915 as follows:
 
16    (705 ILCS 405/5-915)
17    Sec. 5-915. Expungement of juvenile law enforcement and
18court records.
19    (0.05) For purposes of this Section and Section 5-622:
20        "Expunge" means to physically destroy the records and
21    to obliterate the minor's name from any official index or
22    public record, or both. Nothing in this Act shall require
23    the physical destruction of the internal office records,
24    files, or databases maintained by a State's Attorney's

 

 

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1    Office or other prosecutor.
2        "Law enforcement record" includes but is not limited to
3    records of arrest, station adjustments, fingerprints,
4    probation adjustments, the issuance of a notice to appear,
5    or any other records maintained by a law enforcement agency
6    relating to a minor suspected of committing an offense.
7    (1) Whenever a person has been arrested, charged, or
8adjudicated delinquent for an incident occurring before his or
9her 18th birthday that if committed by an adult would be an
10offense, the person may petition the court at any time for
11expungement of law enforcement records and juvenile court
12records relating to the incident and, upon termination of all
13juvenile court proceedings relating to that incident, the court
14shall order the expungement of all records in the possession of
15the Department of State Police, the clerk of the circuit court,
16and law enforcement agencies relating to the incident, but only
17in any of the following circumstances:
18        (a) the minor was arrested and no petition for
19    delinquency was filed with the clerk of the circuit court;
20        (a-5) the minor was charged with an offense and the
21    petition or petitions were dismissed without a finding of
22    delinquency;
23        (b) the minor was charged with an offense and was found
24    not delinquent of that offense;
25        (c) the minor was placed under supervision pursuant to
26    Section 5-615, and the order of supervision has since been

 

 

10000SB1328ham001- 130 -LRB100 08307 MRW 26652 a

1    successfully terminated; or
2        (d) the minor was adjudicated for an offense which
3    would be a Class B misdemeanor, Class C misdemeanor, or a
4    petty or business offense if committed by an adult.
5    (1.5) Commencing 180 days after January 1, 2015 (the
6effective date of Public Act 98-637) this amendatory Act of the
798th General Assembly, the Department of State Police shall
8automatically expunge, on or before January 1 of each year, a
9person's law enforcement records which are not subject to
10subsection (1) relating to incidents occurring before his or
11her 18th birthday in the Department's possession or control and
12which contains the final disposition which pertain to the
13person when arrested as a minor if:
14        (a) the minor was arrested for an eligible offense and
15    no petition for delinquency was filed with the clerk of the
16    circuit court; and
17        (b) the person attained the age of 18 years during the
18    last calendar year; and
19        (c) since the date of the minor's most recent arrest,
20    at least 6 months have elapsed without an additional
21    arrest, filing of a petition for delinquency whether
22    related or not to a previous arrest, or filing of charges
23    not initiated by arrest.
24    The Department of State Police shall allow a person to use
25the Access and Review process, established in the Department of
26State Police, for verifying that his or her law enforcement

 

 

10000SB1328ham001- 131 -LRB100 08307 MRW 26652 a

1records relating to incidents occurring before his or her 18th
2birthday eligible under this subsection have been expunged as
3provided in this subsection.
4    The Department of State Police shall provide by rule the
5process for access, review, and automatic expungement.
6    (1.6) Commencing on January 1, 2015 (the effective date of
7Public Act 98-637) this amendatory Act of the 98th General
8Assembly, a person whose law enforcement records are not
9subject to subsection (1) or (1.5) of this Section and who has
10attained the age of 18 years may use the Access and Review
11process, established in the Department of State Police, for
12verifying his or her law enforcement records relating to
13incidents occurring before his or her 18th birthday in the
14Department's possession or control which pertain to the person
15when arrested as a minor, if the incident occurred no earlier
16than 30 years before January 1, 2015 (the effective date of
17Public Act 98-637) this amendatory Act of the 98th General
18Assembly. If the person identifies a law enforcement record of
19an eligible offense that meets the requirements of this
20subsection, paragraphs (a) and (c) of subsection (1.5) of this
21Section, and all juvenile court proceedings related to the
22person have been terminated, the person may file a Request for
23Expungement of Juvenile Law Enforcement Records, in the form
24and manner prescribed by the Department of State Police, with
25the Department and the Department shall consider expungement of
26the record as otherwise provided for automatic expungement

 

 

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1under subsection (1.5) of this Section. The person shall
2provide notice and a copy of the Request for Expungement of
3Juvenile Law Enforcement Records to the arresting agency,
4prosecutor charged with the prosecution of the minor, or the
5State's Attorney of the county that prosecuted the minor. The
6Department of State Police shall provide by rule the process
7for access, review, and Request for Expungement of Juvenile Law
8Enforcement Records.
9    (1.7) Nothing in subsections (1.5) and (1.6) of this
10Section precludes a person from filing a petition under
11subsection (1) for expungement of records subject to automatic
12expungement under that subsection (1) or subsection (1.5) or
13(1.6) of this Section.
14    (1.8) For the purposes of subsections (1.5) and (1.6) of
15this Section, "eligible offense" means records relating to an
16arrest or incident occurring before the person's 18th birthday
17that if committed by an adult is not an offense classified as a
18Class 2 felony or higher offense, an offense under Article 11
19of the Criminal Code of 1961 or the Criminal Code of 2012, or
20an offense under Section 12-13, 12-14, 12-14.1, 12-15, or 12-16
21of the Criminal Code of 1961.
22    (2) Any person may petition the court to expunge all law
23enforcement records relating to any incidents occurring before
24his or her 18th birthday which did not result in proceedings in
25criminal court and all juvenile court records with respect to
26any adjudications except those based upon first degree murder

 

 

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1and sex offenses which would be felonies if committed by an
2adult, if the person for whom expungement is sought has had no
3convictions for any crime since his or her 18th birthday and:
4        (a) has attained the age of 21 years; or
5        (b) 5 years have elapsed since all juvenile court
6    proceedings relating to him or her have been terminated or
7    his or her commitment to the Department of Juvenile Justice
8    pursuant to this Act has been terminated;
9whichever is later of (a) or (b). Nothing in this Section 5-915
10precludes a minor from obtaining expungement under Section
115-622.
12    (2.5) If a minor is arrested and no petition for
13delinquency is filed with the clerk of the circuit court as
14provided in paragraph (a) of subsection (1) at the time the
15minor is released from custody, the youth officer, if
16applicable, or other designated person from the arresting
17agency, shall notify verbally and in writing to the minor or
18the minor's parents or guardians that the minor has a right to
19petition to have his or her arrest record expunged when all
20juvenile court proceedings relating to that minor have been
21terminated and that unless a petition to expunge is filed, the
22minor shall have an arrest record and shall provide the minor
23and the minor's parents or guardians with an expungement
24information packet, including a petition to expunge juvenile
25records obtained from the clerk of the circuit court.
26    (2.6) If a minor is charged with an offense and is found

 

 

10000SB1328ham001- 134 -LRB100 08307 MRW 26652 a

1not delinquent of that offense; or if a minor is placed under
2supervision under Section 5-615, and the order of supervision
3is successfully terminated; or if a minor is adjudicated for an
4offense that would be a Class B misdemeanor, a Class C
5misdemeanor, or a business or petty offense if committed by an
6adult; or if a minor has incidents occurring before his or her
718th birthday that have not resulted in proceedings in criminal
8court, or resulted in proceedings in juvenile court, and the
9adjudications were not based upon first degree murder or sex
10offenses that would be felonies if committed by an adult; then
11at the time of sentencing or dismissal of the case, the judge
12shall inform the delinquent minor of his or her right to
13petition for expungement as provided by law, and the clerk of
14the circuit court shall provide an expungement information
15packet to the delinquent minor, written in plain language,
16including a petition for expungement, a sample of a completed
17petition, expungement instructions that shall include
18information informing the minor that (i) once the case is
19expunged, it shall be treated as if it never occurred, (ii) he
20or she may apply to have petition fees waived, (iii) once he or
21she obtains an expungement, he or she may not be required to
22disclose that he or she had a juvenile record, and (iv) he or
23she may file the petition on his or her own or with the
24assistance of an attorney. The failure of the judge to inform
25the delinquent minor of his or her right to petition for
26expungement as provided by law does not create a substantive

 

 

10000SB1328ham001- 135 -LRB100 08307 MRW 26652 a

1right, nor is that failure grounds for: (i) a reversal of an
2adjudication of delinquency, (ii) a new trial; or (iii) an
3appeal.
4    (2.7) For counties with a population over 3,000,000, the
5clerk of the circuit court shall send a "Notification of a
6Possible Right to Expungement" post card to the minor at the
7address last received by the clerk of the circuit court on the
8date that the minor attains the age of 18 based on the
9birthdate provided to the court by the minor or his or her
10guardian in cases under paragraphs (b), (c), and (d) of
11subsection (1); and when the minor attains the age of 21 based
12on the birthdate provided to the court by the minor or his or
13her guardian in cases under subsection (2).
14    (2.8) The petition for expungement for subsection (1) may
15include multiple offenses on the same petition and shall be
16substantially in the following form:
17
IN THE CIRCUIT COURT OF ......, ILLINOIS
18
........ JUDICIAL CIRCUIT

 
19IN THE INTEREST OF )    NO.
20                   )
21                   )
22...................)
23(Name of Petitioner)
 
24
PETITION TO EXPUNGE JUVENILE RECORDS

 

 

10000SB1328ham001- 136 -LRB100 08307 MRW 26652 a

1
(705 ILCS 405/5-915 (SUBSECTION 1))
2Now comes ............., petitioner, and respectfully requests
3that this Honorable Court enter an order expunging all juvenile
4law enforcement and court records of petitioner and in support
5thereof states that: Petitioner has attained the age of ....,
6his/her birth date being ......, or all Juvenile Court
7proceedings terminated as of ......, whichever occurred later.
8Petitioner was arrested on ..... by the ....... Police
9Department for the offense or offenses of ......., and:
10(Check All That Apply:)
11( ) a. no petition or petitions were filed with the Clerk of
12the Circuit Court.
13( ) b. was charged with ...... and was found not delinquent of
14the offense or offenses.
15( ) c. a petition or petitions were filed and the petition or
16petitions were dismissed without a finding of delinquency on
17.....
18( ) d. on ....... placed under supervision pursuant to Section
195-615 of the Juvenile Court Act of 1987 and such order of
20supervision successfully terminated on ........
21( ) e. was adjudicated for the offense or offenses, which would
22have been a Class B misdemeanor, a Class C misdemeanor, or a
23petty offense or business offense if committed by an adult.
24Petitioner .... has .... has not been arrested on charges in
25this or any county other than the charges listed above. If
26petitioner has been arrested on additional charges, please list

 

 

10000SB1328ham001- 137 -LRB100 08307 MRW 26652 a

1the charges below:
2Charge(s): ......
3Arresting Agency or Agencies: ...........
4Disposition/Result: (choose from a. through e., above): .....
5WHEREFORE, the petitioner respectfully requests this Honorable
6Court to (1) order all law enforcement agencies to expunge all
7records of petitioner to this incident or incidents, and (2) to
8order the Clerk of the Court to expunge all records concerning
9the petitioner regarding this incident or incidents.
 
10
......................
11
Petitioner (Signature)

 
12
..........................
13
Petitioner's Street Address

 
14
.....................
15
City, State, Zip Code

 
16
.............................
17
Petitioner's Telephone Number

 
18Pursuant to the penalties of perjury under the Code of Civil
19Procedure, 735 ILCS 5/1-109, I hereby certify that the
20statements in this petition are true and correct, or on
21information and belief I believe the same to be true.
 

 

 

10000SB1328ham001- 138 -LRB100 08307 MRW 26652 a

1
......................
2
Petitioner (Signature)
3The Petition for Expungement for subsection (2) shall be
4substantially in the following form:
 
5
IN THE CIRCUIT COURT OF ........, ILLINOIS
6
........ JUDICIAL CIRCUIT

 
7IN THE INTEREST OF )    NO.
8                   )
9                   )
10...................)
11(Name of Petitioner)
 
12
PETITION TO EXPUNGE JUVENILE RECORDS
13
(705 ILCS 405/5-915 (SUBSECTION 2))
14
(Please prepare a separate petition for each offense)
15Now comes ............, petitioner, and respectfully requests
16that this Honorable Court enter an order expunging all Juvenile
17Law Enforcement and Court records of petitioner and in support
18thereof states that:
19The incident for which the Petitioner seeks expungement
20occurred before the Petitioner's 18th birthday and did not
21result in proceedings in criminal court and the Petitioner has
22not had any convictions for any crime since his/her 18th

 

 

10000SB1328ham001- 139 -LRB100 08307 MRW 26652 a

1birthday; and
2The incident for which the Petitioner seeks expungement
3occurred before the Petitioner's 18th birthday and the
4adjudication was not based upon first degree first-degree
5murder or sex offenses which would be felonies if committed by
6an adult, and the Petitioner has not had any convictions for
7any crime since his/her 18th birthday.
8Petitioner was arrested on ...... by the ....... Police
9Department for the offense of ........, and:
10(Check whichever one occurred the latest:)
11( ) a. The Petitioner has attained the age of 21 years, his/her
12birthday being .......; or
13( ) b. 5 years have elapsed since all juvenile court
14proceedings relating to the Petitioner have been terminated; or
15the Petitioner's commitment to the Department of Juvenile
16Justice pursuant to the expungement of juvenile law enforcement
17and court records provisions of the Juvenile Court Act of 1987
18has been terminated. Petitioner ...has ...has not been arrested
19on charges in this or any other county other than the charge
20listed above. If petitioner has been arrested on additional
21charges, please list the charges below:
22Charge(s): ..........
23Arresting Agency or Agencies: .......
24Disposition/Result: (choose from a or b, above): ..........
25WHEREFORE, the petitioner respectfully requests this Honorable
26Court to (1) order all law enforcement agencies to expunge all

 

 

10000SB1328ham001- 140 -LRB100 08307 MRW 26652 a

1records of petitioner related to this incident, and (2) to
2order the Clerk of the Court to expunge all records concerning
3the petitioner regarding this incident.
 
4
.......................
5
Petitioner (Signature)

 
6
......................
7
Petitioner's Street Address

 
8
.....................
9
City, State, Zip Code
10
.............................
11
Petitioner's Telephone Number

 
12Pursuant to the penalties of perjury under the Code of Civil
13Procedure, 735 ILCS 5/1-109, I hereby certify that the
14statements in this petition are true and correct, or on
15information and belief I believe the same to be true.
16
......................
17
Petitioner (Signature)
18    (3) The chief judge of the circuit in which an arrest was
19made or a charge was brought or any judge of that circuit
20designated by the chief judge may, upon verified petition of a
21person who is the subject of an arrest or a juvenile court
22proceeding under subsection (1) or (2) of this Section, order

 

 

10000SB1328ham001- 141 -LRB100 08307 MRW 26652 a

1the law enforcement records or official court file, or both, to
2be expunged from the official records of the arresting
3authority, the clerk of the circuit court and the Department of
4State Police. The person whose records are to be expunged shall
5petition the court using the appropriate form containing his or
6her current address and shall promptly notify the clerk of the
7circuit court of any change of address. Notice of the petition
8shall be served upon the State's Attorney or prosecutor charged
9with the duty of prosecuting the offense, the Department of
10State Police, and the arresting agency or agencies by the clerk
11of the circuit court. If an objection is filed within 45 days
12of the notice of the petition, the clerk of the circuit court
13shall set a date for hearing after the 45-day 45 day objection
14period. At the hearing the court shall hear evidence on whether
15the expungement should or should not be granted. Unless the
16State's Attorney or prosecutor, the Department of State Police,
17or an arresting agency objects to the expungement within 45
18days of the notice, the court may enter an order granting
19expungement. The clerk shall forward a certified copy of the
20order to the Department of State Police and deliver a certified
21copy of the order to the arresting agency.
22    (3.1) The Notice of Expungement shall be in substantially
23the following form:
24
IN THE CIRCUIT COURT OF ....., ILLINOIS
25
.... JUDICIAL CIRCUIT

 

 

 

10000SB1328ham001- 142 -LRB100 08307 MRW 26652 a

1IN THE INTEREST OF )    NO.
2                   )
3                   )
4...................)
5(Name of Petitioner)
 
6
NOTICE
7TO:  State's Attorney
8TO:  Arresting Agency
9
10................
11................
12
13................
14................
15TO:  Illinois State Police
16
17.....................
18
19.....................
20ATTENTION: Expungement
21You are hereby notified that on ....., at ....., in courtroom
22..., located at ..., before the Honorable ..., Judge, or any
23judge sitting in his/her stead, I shall then and there present
24a Petition to Expunge Juvenile records in the above-entitled
25matter, at which time and place you may appear.

 

 

10000SB1328ham001- 143 -LRB100 08307 MRW 26652 a

1
......................
2
Petitioner's Signature
3
...........................
4
Petitioner's Street Address
5
.....................
6
City, State, Zip Code
7
.............................
8
Petitioner's Telephone Number
9
PROOF OF SERVICE
10On the ....... day of ......, 20..., I on oath state that I
11served this notice and true and correct copies of the
12above-checked documents by:
13(Check One:)
14delivering copies personally to each entity to whom they are
15directed;
16or
17by mailing copies to each entity to whom they are directed by
18depositing the same in the U.S. Mail, proper postage fully
19prepaid, before the hour of 5:00 p.m., at the United States
20Postal Depository located at .................
21
.........................................
22
23Signature
24
Clerk of the Circuit Court or Deputy Clerk
25Printed Name of Delinquent Minor/Petitioner: ....
26Address: ........................................

 

 

10000SB1328ham001- 144 -LRB100 08307 MRW 26652 a

1Telephone Number: ...............................
2    (3.2) The Order of Expungement shall be in substantially
3the following form:
4
IN THE CIRCUIT COURT OF ....., ILLINOIS
5
.... JUDICIAL CIRCUIT

 
6IN THE INTEREST OF )    NO.
7                   )
8                   )
9...................)
10(Name of Petitioner)
 
11DOB ................
12Arresting Agency/Agencies ......
13
ORDER OF EXPUNGEMENT
14
(705 ILCS 405/5-915 (SUBSECTION 3))
15This matter having been heard on the petitioner's motion and
16the court being fully advised in the premises does find that
17the petitioner is indigent or has presented reasonable cause to
18waive all costs in this matter, IT IS HEREBY ORDERED that:
19    ( ) 1. Clerk of Court and Department of State Police costs
20are hereby waived in this matter.
21    ( ) 2. The Illinois State Police Bureau of Identification
22and the following law enforcement agencies expunge all records
23of petitioner relating to an arrest dated ...... for the
24offense of ......

 

 

10000SB1328ham001- 145 -LRB100 08307 MRW 26652 a

1
Law Enforcement Agencies:
2
.........................
3
.........................
4    ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit
5Court expunge all records regarding the above-captioned case.
6
ENTER: ......................
7
8JUDGE
9DATED: .......
10Name:
11Attorney for:
12Address: City/State/Zip:
13Attorney Number:
14    (3.3) The Notice of Objection shall be in substantially the
15following form:
16
IN THE CIRCUIT COURT OF ....., ILLINOIS
17
....................... JUDICIAL CIRCUIT

 
18IN THE INTEREST OF )    NO.
19                   )
20                   )
21...................)
22(Name of Petitioner)
 
23
NOTICE OF OBJECTION
24TO:(Attorney, Public Defender, Minor)

 

 

10000SB1328ham001- 146 -LRB100 08307 MRW 26652 a

1.................................
2.................................
3TO:(Illinois State Police)
4.................................
5.................................
6TO:(Clerk of the Court)
7.................................
8.................................
9TO:(Judge)
10.................................
11.................................
12TO:(Arresting Agency/Agencies)
13.................................
14.................................
15ATTENTION: You are hereby notified that an objection has been
16filed by the following entity regarding the above-named minor's
17petition for expungement of juvenile records:
18( ) State's Attorney's Office;
19( ) Prosecutor (other than State's Attorney's Office) charged
20with the duty of prosecuting the offense sought to be expunged;
21( ) Department of Illinois State Police; or
22( ) Arresting Agency or Agencies.
23The agency checked above respectfully requests that this case
24be continued and set for hearing on whether the expungement
25should or should not be granted.
26DATED: .......

 

 

10000SB1328ham001- 147 -LRB100 08307 MRW 26652 a

1Name:
2Attorney For:
3Address:
4City/State/Zip:
5Telephone:
6Attorney No.:
7
FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
8This matter has been set for hearing on the foregoing
9objection, on ...... in room ...., located at ....., before the
10Honorable ....., Judge, or any judge sitting in his/her stead.
11(Only one hearing shall be set, regardless of the number of
12Notices of Objection received on the same case).
13A copy of this completed Notice of Objection containing the
14court date, time, and location, has been sent via regular U.S.
15Mail to the following entities. (If more than one Notice of
16Objection is received on the same case, each one must be
17completed with the court date, time and location and mailed to
18the following entities):
19( ) Attorney, Public Defender or Minor;
20( ) State's Attorney's Office;
21( ) Prosecutor (other than State's Attorney's Office) charged
22with the duty of prosecuting the offense sought to be expunged;
23( ) Department of Illinois State Police; and
24( ) Arresting agency or agencies.
25Date: ......
26Initials of Clerk completing this section: .....

 

 

10000SB1328ham001- 148 -LRB100 08307 MRW 26652 a

1    (4) Upon entry of an order expunging records or files, the
2offense, which the records or files concern shall be treated as
3if it never occurred. Law enforcement officers and other public
4offices and agencies shall properly reply on inquiry that no
5record or file exists with respect to the person.
6    (5) Records which have not been expunged are sealed, and
7may be obtained only under the provisions of Sections 5-901,
85-905, and 5-915.
9    (6) Nothing in this Section shall be construed to prohibit
10the maintenance of information relating to an offense after
11records or files concerning the offense have been expunged if
12the information is kept in a manner that does not enable
13identification of the offender. This information may only be
14used for statistical and bona fide research purposes.
15    (6.5) The Department of State Police or any employee of the
16Department shall be immune from civil or criminal liability for
17failure to expunge any records of arrest that are subject to
18expungement under subsection (1.5) or (1.6) of this Section
19because of inability to verify a record. Nothing in subsection
20(1.5) or (1.6) of this Section shall create Department of State
21Police liability or responsibility for the expungement of law
22enforcement records it does not possess.
23    (7)(a) The State Appellate Defender shall establish,
24maintain, and carry out, by December 31, 2004, a juvenile
25expungement program to provide information and assistance to
26minors eligible to have their juvenile records expunged.

 

 

10000SB1328ham001- 149 -LRB100 08307 MRW 26652 a

1    (b) The State Appellate Defender shall develop brochures,
2pamphlets, and other materials in printed form and through the
3agency's World Wide Web site. The pamphlets and other materials
4shall include at a minimum the following information:
5        (i) An explanation of the State's juvenile expungement
6    process;
7        (ii) The circumstances under which juvenile
8    expungement may occur;
9        (iii) The juvenile offenses that may be expunged;
10        (iv) The steps necessary to initiate and complete the
11    juvenile expungement process; and
12        (v) Directions on how to contact the State Appellate
13    Defender.
14    (c) The State Appellate Defender shall establish and
15maintain a statewide toll-free telephone number that a person
16may use to receive information or assistance concerning the
17expungement of juvenile records. The State Appellate Defender
18shall advertise the toll-free telephone number statewide. The
19State Appellate Defender shall develop an expungement
20information packet that may be sent to eligible persons seeking
21expungement of their juvenile records, which may include, but
22is not limited to, a pre-printed expungement petition with
23instructions on how to complete the petition and a pamphlet
24containing information that would assist individuals through
25the juvenile expungement process.
26    (d) The State Appellate Defender shall compile a statewide

 

 

10000SB1328ham001- 150 -LRB100 08307 MRW 26652 a

1list of volunteer attorneys willing to assist eligible
2individuals through the juvenile expungement process.
3    (e) This Section shall be implemented from funds
4appropriated by the General Assembly to the State Appellate
5Defender for this purpose. The State Appellate Defender shall
6employ the necessary staff and adopt the necessary rules for
7implementation of this Section.
8    (8)(a) Except with respect to law enforcement agencies, the
9Department of Corrections, State's Attorneys, or other
10prosecutors, an expunged juvenile record may not be considered
11by any private or public entity in employment matters,
12certification, licensing, revocation of certification or
13licensure, or registration. Applications for employment must
14contain specific language that states that the applicant is not
15obligated to disclose expunged juvenile records of conviction
16or arrest. Employers may not ask if an applicant has had a
17juvenile record expunged. Effective January 1, 2005, the
18Department of Labor shall develop a link on the Department's
19website to inform employers that employers may not ask if an
20applicant had a juvenile record expunged and that application
21for employment must contain specific language that states that
22the applicant is not obligated to disclose expunged juvenile
23records of arrest or conviction.
24    (b) A person whose juvenile records have been expunged is
25not entitled to remission of any fines, costs, or other money
26paid as a consequence of expungement. Public Act 93-912 This

 

 

10000SB1328ham001- 151 -LRB100 08307 MRW 26652 a

1amendatory Act of the 93rd General Assembly does not affect the
2right of the victim of a crime to prosecute or defend a civil
3action for damages.
4    (c) The expungement of juvenile records under Section 5-622
5shall be funded by the additional fine imposed under Section
65-9-1.17 of the Unified Code of Corrections and additional
7appropriations made by the General Assembly for such purpose.
8    (9) The changes made to this Section by Public Act 98-61
9apply to law enforcement records of a minor who has been
10arrested or taken into custody on or after January 1, 2014 (the
11effective date of Public Act 98-61).
12    (10) The changes made in subsection (1.5) of this Section
13by Public Act 98-637 this amendatory Act of the 98th General
14Assembly apply to law enforcement records of a minor who has
15been arrested or taken into custody on or after January 1,
162015. The changes made in subsection (1.6) of this Section by
17Public Act 98-637 this amendatory Act of the 98th General
18Assembly apply to law enforcement records of a minor who has
19been arrested or taken into custody before January 1, 2015.
20(Source: P.A. 98-61, eff. 1-1-14; 98-637, eff. 1-1-15; 98-756,
21eff. 7-16-14; 99-835, eff. 1-1-17; 99-881, eff. 1-1-17; revised
229-2-16.)
 
23    Section 905-65. The Criminal Code of 2012 is amended by
24changing Section 12-3.4 as follows:
 

 

 

10000SB1328ham001- 152 -LRB100 08307 MRW 26652 a

1    (720 ILCS 5/12-3.4)  (was 720 ILCS 5/12-30)
2    Sec. 12-3.4. Violation of an order of protection.
3    (a) A person commits violation of an order of protection
4if:
5        (1) He or she knowingly commits an act which was
6    prohibited by a court or fails to commit an act which was
7    ordered by a court in violation of:
8            (i) a remedy in a valid order of protection
9        authorized under paragraphs (1), (2), (3), (14), or
10        (14.5) of subsection (b) of Section 214 of the Illinois
11        Domestic Violence Act of 1986,
12            (ii) a remedy, which is substantially similar to
13        the remedies authorized under paragraphs (1), (2),
14        (3), (14) or (14.5) of subsection (b) of Section 214 of
15        the Illinois Domestic Violence Act of 1986, in a valid
16        order of protection, which is authorized under the laws
17        of another state, tribe or United States territory,
18            (iii) any other remedy when the act constitutes a
19        crime against the protected parties as the term
20        protected parties is defined in Section 112A-4 of the
21        Code of Criminal Procedure of 1963; and
22        (2) Such violation occurs after the offender has been
23    served notice of the contents of the order, pursuant to the
24    Illinois Domestic Violence Act of 1986 or any substantially
25    similar statute of another state, tribe or United States
26    territory, or otherwise has acquired actual knowledge of

 

 

10000SB1328ham001- 153 -LRB100 08307 MRW 26652 a

1    the contents of the order.
2    An order of protection issued by a state, tribal or
3territorial court related to domestic or family violence shall
4be deemed valid if the issuing court had jurisdiction over the
5parties and matter under the law of the state, tribe or
6territory. There shall be a presumption of validity where an
7order is certified and appears authentic on its face. For
8purposes of this Section, an "order of protection" may have
9been issued in a criminal or civil proceeding.
10    (a-5) Failure to provide reasonable notice and opportunity
11to be heard shall be an affirmative defense to any charge or
12process filed seeking enforcement of a foreign order of
13protection.
14    (b) Nothing in this Section shall be construed to diminish
15the inherent authority of the courts to enforce their lawful
16orders through civil or criminal contempt proceedings.
17    (c) The limitations placed on law enforcement liability by
18Section 305 of the Illinois Domestic Violence Act of 1986 apply
19to actions taken under this Section.
20    (d) Violation of an order of protection is a Class A
21misdemeanor. Violation of an order of protection is a Class 4
22felony if the defendant has any prior conviction under this
23Code for domestic battery (Section 12-3.2) or violation of an
24order of protection (Section 12-3.4 or 12-30) or any prior
25conviction under the law of another jurisdiction for an offense
26that could be charged in this State as a domestic battery or

 

 

10000SB1328ham001- 154 -LRB100 08307 MRW 26652 a

1violation of an order of protection. Violation of an order of
2protection is a Class 4 felony if the defendant has any prior
3conviction under this Code for first degree murder (Section
49-1), attempt to commit first degree murder (Section 8-4),
5aggravated domestic battery (Section 12-3.3), aggravated
6battery (Section 12-3.05 or 12-4), heinous battery (Section
712-4.1), aggravated battery with a firearm (Section 12-4.2),
8aggravated battery with a machine gun or a firearm equipped
9with a silencer (Section 12-4.2-5), aggravated battery of a
10child (Section 12-4.3), aggravated battery of an unborn child
11(subsection (a-5) of Section 12-3.1, or Section 12-4.4),
12aggravated battery of a senior citizen (Section 12-4.6),
13stalking (Section 12-7.3), aggravated stalking (Section
1412-7.4), criminal sexual assault (Section 11-1.20 or 12-13),
15aggravated criminal sexual assault (Section 11-1.30 or 12-14),
16kidnapping (Section 10-1), aggravated kidnapping (Section
1710-2), predatory criminal sexual assault of a child (Section
1811-1.40 or 12-14.1), aggravated criminal sexual abuse (Section
1911-1.60 or 12-16), unlawful restraint (Section 10-3),
20aggravated unlawful restraint (Section 10-3.1), aggravated
21arson (Section 20-1.1), aggravated discharge of a firearm
22(Section 24-1.2), or a violation of any former law of this
23State that is substantially similar to any listed offense, or
24any prior conviction under the law of another jurisdiction for
25an offense that could be charged in this State as one of the
26offenses listed in this Section, when any of these offenses

 

 

10000SB1328ham001- 155 -LRB100 08307 MRW 26652 a

1have been committed against a family or household member as
2defined in Section 112A-3 of the Code of Criminal Procedure of
31963. The court shall impose a minimum penalty of 24 hours
4imprisonment for defendant's second or subsequent violation of
5any order of protection; unless the court explicitly finds that
6an increased penalty or such period of imprisonment would be
7manifestly unjust. In addition to any other penalties, the
8court may order the defendant to pay a fine as authorized under
9Section 5-9-1 of the Unified Code of Corrections or to make
10restitution to the victim under Section 5-5-6 of the Unified
11Code of Corrections. In addition to any other penalties,
12including those imposed by Section 5-9-1.5 of the Unified Code
13of Corrections, the court shall impose an additional fine of
14$20 as authorized by Section 5-9-1.11 of the Unified Code of
15Corrections upon any person convicted of or placed on
16supervision for a violation of this Section. The additional
17fine shall be imposed for each violation of this Section.
18    (e) (Blank).
19    (f) A defendant who directed the actions of a third party
20to violate this Section, under the principles of accountability
21set forth in Article 5 of this Code, is guilty of violating
22this Section as if the same had been personally done by the
23defendant, without regard to the mental state of the third
24party acting at the direction of the defendant.
25(Source: P.A. 96-1551, Article 1, Section 5, eff. 7-1-11;
2696-1551, Article 2, Section 1035, eff. 7-1-11; incorporates

 

 

10000SB1328ham001- 156 -LRB100 08307 MRW 26652 a

197-311, eff. 8-11-11; 97-919, eff. 8-10-12; 97-1109, eff.
21-1-13.)
 
3    (720 ILCS 550/10.3 rep.)
4    Section 905-67. The Cannabis Control Act is amended by
5repealing Section 10.3.
 
6    Section 905-70. The Illinois Controlled Substances Act is
7amended by changing Section 411.2 as follows:
 
8    (720 ILCS 570/411.2)  (from Ch. 56 1/2, par. 1411.2)
9    Sec. 411.2. Drug Treatment Fund; drug treatment grants.
10    (a) (Blank). Every person convicted of a violation of this
11Act, and every person placed on probation, conditional
12discharge, supervision or probation under Section 410 of this
13Act, shall be assessed for each offense a sum fixed at:
14        (1) $3,000 for a Class X felony;
15        (2) $2,000 for a Class 1 felony;
16        (3) $1,000 for a Class 2 felony;
17        (4) $500 for a Class 3 or Class 4 felony;
18        (5) $300 for a Class A misdemeanor;
19        (6) $200 for a Class B or Class C misdemeanor.
20    (b) (Blank). The assessment under this Section is in
21addition to and not in lieu of any fines, restitution costs,
22forfeitures or other assessments authorized or required by law.
23    (c) (Blank). As a condition of the assessment, the court

 

 

10000SB1328ham001- 157 -LRB100 08307 MRW 26652 a

1may require that payment be made in specified installments or
2within a specified period of time. If the assessment is not
3paid within the period of probation, conditional discharge or
4supervision to which the defendant was originally sentenced,
5the court may extend the period of probation, conditional
6discharge or supervision pursuant to Section 5-6-2 or 5-6-3.1
7of the Unified Code of Corrections, as applicable, until the
8assessment is paid or until successful completion of public or
9community service set forth in subsection (e) or the successful
10completion of the substance abuse intervention or treatment
11program set forth in subsection (f). If a term of probation,
12conditional discharge or supervision is not imposed, the
13assessment shall be payable upon judgment or as directed by the
14court.
15    (d) (Blank). If an assessment for a violation of this Act
16is imposed on an organization, it is the duty of each
17individual authorized to make disbursements of the assets of
18the organization to pay the assessment from assets of the
19organization.
20    (e) (Blank). A defendant who has been ordered to pay an
21assessment may petition the court to convert all or part of the
22assessment into court-approved public or community service.
23One hour of public or community service shall be equivalent to
24$4 of assessment. The performance of this public or community
25service shall be a condition of the probation, conditional
26discharge or supervision and shall be in addition to the

 

 

10000SB1328ham001- 158 -LRB100 08307 MRW 26652 a

1performance of any other period of public or community service
2ordered by the court or required by law.
3    (f) (Blank). The court may suspend the collection of the
4assessment imposed under this Section; provided the defendant
5agrees to enter a substance abuse intervention or treatment
6program approved by the court; and further provided that the
7defendant agrees to pay for all or some portion of the costs
8associated with the intervention or treatment program. In this
9case, the collection of the assessment imposed under this
10Section shall be suspended during the defendant's
11participation in the approved intervention or treatment
12program. Upon successful completion of the program, the
13defendant may apply to the court to reduce the assessment
14imposed under this Section by any amount actually paid by the
15defendant for his or her participation in the program. The
16court shall not reduce the penalty under this subsection unless
17the defendant establishes to the satisfaction of the court that
18he or she has successfully completed the intervention or
19treatment program. If the defendant's participation is for any
20reason terminated before his or her successful completion of
21the intervention or treatment program, collection of the entire
22assessment imposed under this Section shall be enforced.
23Nothing in this Section shall be deemed to affect or suspend
24any other fines, restitution costs, forfeitures or assessments
25imposed under this or any other Act.
26    (g) (Blank). The court shall not impose more than one

 

 

10000SB1328ham001- 159 -LRB100 08307 MRW 26652 a

1assessment per complaint, indictment or information. If the
2person is convicted of more than one offense in a complaint,
3indictment or information, the assessment shall be based on the
4highest class offense for which the person is convicted.
5    (h) The In counties under 3,000,000, all moneys collected
6under this Section shall be forwarded by the clerk of the
7circuit court to the State Treasurer for deposit in the Drug
8Treatment Fund, which is hereby established as a special fund
9within the State Treasury. The Department of Human Services may
10make grants to persons licensed under Section 15-10 of the
11Alcoholism and Other Drug Abuse and Dependency Act or to
12municipalities or counties from funds appropriated to the
13Department from the Drug Treatment Fund for the treatment of
14pregnant women who are addicted to alcohol, cannabis or
15controlled substances and for the needed care of minor,
16unemancipated children of women undergoing residential drug
17treatment. If the Department of Human Services grants funds to
18a municipality or a county that the Department determines is
19not experiencing a problem with pregnant women addicted to
20alcohol, cannabis or controlled substances, or with care for
21minor, unemancipated children of women undergoing residential
22drug treatment, or intervention, the funds shall be used for
23the treatment of any person addicted to alcohol, cannabis or
24controlled substances. The Department may adopt such rules as
25it deems appropriate for the administration of such grants.
26    (i) (Blank). In counties over 3,000,000, all moneys

 

 

10000SB1328ham001- 160 -LRB100 08307 MRW 26652 a

1collected under this Section shall be forwarded to the County
2Treasurer for deposit into the County Health Fund. The County
3Treasurer shall, no later than the 15th day of each month,
4forward to the State Treasurer 30 percent of all moneys
5collected under this Act and received into the County Health
6Fund since the prior remittance to the State Treasurer. Funds
7retained by the County shall be used for community-based
8treatment of pregnant women who are addicted to alcohol,
9cannabis, or controlled substances or for the needed care of
10minor, unemancipated children of these women. Funds forwarded
11to the State Treasurer shall be deposited into the State Drug
12Treatment Fund maintained by the State Treasurer from which the
13Department of Human Services may make grants to persons
14licensed under Section 15-10 of the Alcoholism and Other Drug
15Abuse and Dependency Act or to municipalities or counties from
16funds appropriated to the Department from the Drug Treatment
17Fund, provided that the moneys collected from each county be
18returned proportionately to the counties through grants to
19licensees located within the county from which the assessment
20was received and moneys in the State Drug Treatment Fund shall
21not supplant other local, State or federal funds. If the
22Department of Human Services grants funds to a municipality or
23county that the Department determines is not experiencing a
24problem with pregnant women addicted to alcohol, cannabis or
25controlled substances, or with care for minor, unemancipated
26children or women undergoing residential drug treatment, the

 

 

10000SB1328ham001- 161 -LRB100 08307 MRW 26652 a

1funds shall be used for the treatment of any person addicted to
2alcohol, cannabis or controlled substances. The Department may
3adopt such rules as it deems appropriate for the administration
4of such grants.
5(Source: P.A. 97-334, eff. 1-1-12.)
 
6    (720 ILCS 570/411.4 rep.)
7    Section 905-73. The Illinois Controlled Substances Act is
8amended by repealing Section 411.4.
 
9    Section 905-75. The Methamphetamine Control and Community
10Protection Act is amended by changing Sections 80 and 90 as
11follows:
 
12    (720 ILCS 646/80)
13    Sec. 80. Drug treatment grants Assessment.
14    (a) (Blank). Every person convicted of a violation of this
15Act, and every person placed on probation, conditional
16discharge, supervision, or probation under this Act, shall be
17assessed for each offense a sum fixed at:
18        (1) $3,000 for a Class X felony;
19        (2) $2,000 for a Class 1 felony;
20        (3) $1,000 for a Class 2 felony;
21        (4) $500 for a Class 3 or Class 4 felony.
22    (b) (Blank). The assessment under this Section is in
23addition to and not in lieu of any fines, restitution, costs,

 

 

10000SB1328ham001- 162 -LRB100 08307 MRW 26652 a

1forfeitures, or other assessments authorized or required by
2law.
3    (c) (Blank). As a condition of the assessment, the court
4may require that payment be made in specified installments or
5within a specified period of time. If the assessment is not
6paid within the period of probation, conditional discharge, or
7supervision to which the defendant was originally sentenced,
8the court may extend the period of probation, conditional
9discharge, or supervision pursuant to Section 5-6-2 or 5-6-3.1
10of the Unified Code of Corrections, as applicable, until the
11assessment is paid or until successful completion of public or
12community service set forth in subsection (e) or the successful
13completion of the substance abuse intervention or treatment
14program set forth in subsection (f). If a term of probation,
15conditional discharge, or supervision is not imposed, the
16assessment shall be payable upon judgment or as directed by the
17court.
18    (d) (Blank). If an assessment for a violation of this Act
19is imposed on an organization, it is the duty of each
20individual authorized to make disbursements of the assets of
21the organization to pay the assessment from assets of the
22organization.
23    (e) (Blank). A defendant who has been ordered to pay an
24assessment may petition the court to convert all or part of the
25assessment into court-approved public or community service.
26One hour of public or community service shall be equivalent to

 

 

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1$4 of assessment. The performance of this public or community
2service shall be a condition of the probation, conditional
3discharge, or supervision and shall be in addition to the
4performance of any other period of public or community service
5ordered by the court or required by law.
6    (f) (Blank). The court may suspend the collection of the
7assessment imposed under this Section if the defendant agrees
8to enter a substance abuse intervention or treatment program
9approved by the court and the defendant agrees to pay for all
10or some portion of the costs associated with the intervention
11or treatment program. In this case, the collection of the
12assessment imposed under this Section shall be suspended during
13the defendant's participation in the approved intervention or
14treatment program. Upon successful completion of the program,
15the defendant may apply to the court to reduce the assessment
16imposed under this Section by any amount actually paid by the
17defendant for his or her participation in the program. The
18court shall not reduce the penalty under this subsection unless
19the defendant establishes to the satisfaction of the court that
20he or she has successfully completed the intervention or
21treatment program. If the defendant's participation is for any
22reason terminated before his or her successful completion of
23the intervention or treatment program, collection of the entire
24assessment imposed under this Section shall be enforced.
25Nothing in this Section shall be deemed to affect or suspend
26any other fines, restitution costs, forfeitures, or

 

 

10000SB1328ham001- 164 -LRB100 08307 MRW 26652 a

1assessments imposed under this or any other Act.
2    (g) (Blank). The court shall not impose more than one
3assessment per complaint, indictment, or information. If the
4person is convicted of more than one offense in a complaint,
5indictment, or information, the assessment shall be based on
6the highest class offense for which the person is convicted.
7    (h) In counties with a population under 3,000,000, all
8moneys collected under this Section shall be forwarded by the
9clerk of the circuit court to the State Treasurer for deposit
10in the Drug Treatment Fund. The Department of Human Services
11may make grants to persons licensed under Section 15-10 of the
12Alcoholism and Other Drug Abuse and Dependency Act or to
13municipalities or counties from funds appropriated to the
14Department from the Drug Treatment Fund for the treatment of
15pregnant women who are addicted to alcohol, cannabis or
16controlled substances and for the needed care of minor,
17unemancipated children of women undergoing residential drug
18treatment. If the Department of Human Services grants funds to
19a municipality or a county that the Department determines is
20not experiencing a problem with pregnant women addicted to
21alcohol, cannabis or controlled substances, or with care for
22minor, unemancipated children of women undergoing residential
23drug treatment, or intervention, the funds shall be used for
24the treatment of any person addicted to alcohol, cannabis, or
25controlled substances. The Department may adopt such rules as
26it deems appropriate for the administration of such grants.

 

 

10000SB1328ham001- 165 -LRB100 08307 MRW 26652 a

1    (i) (Blank). In counties with a population of 3,000,000 or
2more, all moneys collected under this Section shall be
3forwarded to the County Treasurer for deposit into the County
4Health Fund. The County Treasurer shall, no later than the 15th
5day of each month, forward to the State Treasurer 30 percent of
6all moneys collected under this Act and received into the
7County Health Fund since the prior remittance to the State
8Treasurer. Funds retained by the County shall be used for
9community-based treatment of pregnant women who are addicted to
10alcohol, cannabis, or controlled substances or for the needed
11care of minor, unemancipated children of these women. Funds
12forwarded to the State Treasurer shall be deposited into the
13State Drug Treatment Fund maintained by the State Treasurer
14from which the Department of Human Services may make grants to
15persons licensed under Section 15-10 of the Alcoholism and
16Other Drug Abuse and Dependency Act or to municipalities or
17counties from funds appropriated to the Department from the
18Drug Treatment Fund, provided that the moneys collected from
19each county be returned proportionately to the counties through
20grants to licensees located within the county from which the
21assessment was received and moneys in the State Drug Treatment
22Fund shall not supplant other local, State or federal funds. If
23the Department of Human Services grants funds to a municipality
24or county that the Department determines is not experiencing a
25problem with pregnant women addicted to alcohol, cannabis or
26controlled substances, or with care for minor, unemancipated

 

 

10000SB1328ham001- 166 -LRB100 08307 MRW 26652 a

1children or women undergoing residential drug treatment, the
2funds shall be used for the treatment of any person addicted to
3alcohol, cannabis or controlled substances. The Department may
4adopt such rules as it deems appropriate for the administration
5of such grants.
6(Source: P.A. 94-556, eff. 9-11-05.)
 
7    (720 ILCS 646/90)
8    Sec. 90. Methamphetamine restitution.
9    (a) If a person commits a violation of this Act in a manner
10that requires an emergency response, the person shall be
11required to make restitution to all public entities involved in
12the emergency response, to cover the reasonable cost of their
13participation in the emergency response, including but not
14limited to regular and overtime costs incurred by local law
15enforcement agencies and private contractors paid by the public
16agencies in securing the site. The convicted person shall make
17this restitution in addition to any other fine or penalty
18required by law.
19    (b) Any restitution payments made under this Section shall
20be disbursed equitably by the circuit clerk in the following
21order:
22        (1) first, to the agency responsible for the mitigation
23    of the incident;
24        (2) second, to the local agencies involved in the
25    emergency response;

 

 

10000SB1328ham001- 167 -LRB100 08307 MRW 26652 a

1        (3) third, to the State agencies involved in the
2    emergency response; and
3        (4) fourth, to the federal agencies involved in the
4    emergency response.
5    (c) In addition to any other penalties and liabilities, a
6person who is convicted of violating any Section of this Act,
7whose violation proximately caused any incident resulting in an
8appropriate emergency response, shall be assessed a fine of
9$2,500, payable to the circuit clerk, who shall distribute the
10money to the law enforcement agency responsible for the
11mitigation of the incident. If the person has been previously
12convicted of violating any Section of this Act, the fine shall
13be $5,000 and the circuit clerk shall distribute the money to
14the law enforcement agency responsible for the mitigation of
15the incident. In the event that more than one agency is
16responsible for an arrest which does not require mitigation,
17the amount payable to law enforcement agencies shall be shared
18equally. Any moneys received by a law enforcement agency under
19this Section shall be used for law enforcement expenses.
20    Any moneys collected for the Illinois State Police shall be
21remitted to the State Treasurer and deposited into the State
22Police Operations Assistance Fund Traffic and Criminal
23Conviction Surcharge Fund.
24(Source: P.A. 97-434, eff. 1-1-12.)
 
25    Section 905-80. The Code of Criminal Procedure of 1963 is

 

 

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1amended by adding Section 124A-20 as follows:
 
2    (725 ILCS 5/124A-20 new)
3    Sec. 124A-20. Assessment waiver.
4    (a) As used in this Section:
5        "Assessments" means any costs imposed on a criminal
6    defendant under Article II of the Criminal and Traffic
7    Assessment Act, but does not include traffic violation
8    assessments.
9        "Indigent person" means any person who meets one or
10    more of the following criteria:
11            (1) He or she is receiving assistance under one or
12        more of the following means-based governmental public
13        benefits programs: Supplemental Security Income; Aid
14        to the Aged, Blind and Disabled; Temporary Assistance
15        for Needy Families; Supplemental Nutrition Assistance
16        Program; General Assistance; Transitional Assistance;
17        or State Children and Family Assistance.
18            (2) His or her available personal income is 200% or
19        less of the current poverty level, unless the
20        applicant's assets that are not exempt under Part 9 or
21        10 of Article XII of the Code of Civil Procedure are of
22        a nature and value that the court determines that the
23        applicant is able to pay the assessments.
24            (3) He or she is, in the discretion of the court,
25        unable to proceed in an action with payment of

 

 

10000SB1328ham001- 169 -LRB100 08307 MRW 26652 a

1        assessments and whose payment of those assessments
2        would result in substantial hardship to the person or
3        his or her family.
4        "Poverty level" means the current poverty level as
5    established by the United States Department of Health and
6    Human Services.
7    (b) Upon the application of any defendant, after the
8commencement of an action, but no later than 30 days after
9sentencing:
10        (1) If the court finds that the applicant is an
11    indigent person, the court shall grant the applicant a full
12    assessment waiver exempting him or her from the payment of
13    any assessments.
14        (2) The court shall grant the applicant a partial
15    assessment as follows:
16            (A) 75% of all assessments shall be waived if the
17        applicant's available income is greater than 200% but
18        no more than 250% of the poverty level, unless the
19        applicant's assets that are not exempt under Part 9 or
20        10 of Article XII of the Code of Civil Procedure are
21        such that the applicant is able, without undue
22        hardship, to pay the total assessments.
23            (B) 50% of all assessments shall be waived if the
24        applicant's available income is greater than 250% but
25        no more than 300% of the poverty level, unless the
26        applicant's assets that are not exempt under Part 9 or

 

 

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1        10 of Article XII of the Code of Civil Procedure are
2        such that the court determines that the applicant is
3        able, without undue hardship, to pay a greater portion
4        of the assessments.
5            (C) 25% of all assessments shall be waived if the
6        applicant's available income is greater than 300% but
7        no more than 400% of the poverty level, unless the
8        applicant's assets that are not exempt under Part 9 or
9        10 of Article XII of the Code of Civil Procedure are
10        such that the court determines that the applicant is
11        able, without undue hardship, to pay a greater portion
12        of the assessments.
13    (c) An application for a waiver of assessments shall be in
14writing, signed by the defendant or, if the defendant is a
15minor, by another person having knowledge of the facts, and
16filed no later than 30 days after sentencing. The contents of
17the application for a waiver of assessments, and the procedure
18for deciding the applications, shall be established by Supreme
19Court Rule. Factors to consider in evaluating an application
20shall include:
21        (1) the applicant's receipt of needs based
22    governmental public benefits, including Supplemental
23    Security Income (SSI); Aid to the Aged, Blind and Disabled
24    (ADBD); Temporary Assistance for Needy Families (TANF);
25    Supplemental Nutrition Assistance Program (SNAP or "food
26    stamps"); General Assistance; Transitional Assistance; or

 

 

10000SB1328ham001- 171 -LRB100 08307 MRW 26652 a

1    State Children and Family Assistance;
2        (2) the employment status of the applicant and amount
3    of monthly income, if any;
4        (3) income received from the applicant's pension,
5    Social Security benefits, unemployment benefits, and other
6    sources;
7        (4) income received by the applicant from other
8    household members;
9        (5) the applicant's monthly expenses, including rent,
10    home mortgage, other mortgage, utilities, food, medical,
11    vehicle, childcare, debts, child support, and other
12    expenses; and
13        (6) financial affidavits or other similar supporting
14    documentation provided by the applicant showing that
15    payment of the imposed assessments would result in
16    substantial hardship to the applicant or the applicant's
17    family.
18    (d) The clerk of court shall provide the application for a
19waiver of assessments to any defendant who indicates an
20inability to pay the assessments. The clerk of the court shall
21post in a conspicuous place in the courthouse a notice, no
22smaller than 8.5 x 11 inches and using no smaller than 30-point
23typeface printed in English and in Spanish, advising criminal
24defendants they may ask the court for a waiver of any court
25ordered assessments. The notice shall be substantially as
26follows:

 

 

10000SB1328ham001- 172 -LRB100 08307 MRW 26652 a

1        "If you are unable to pay the required assessments, you
2    may ask the court to waive payment of them. Ask the clerk
3    of the court for forms."
4    (e) For good cause shown, the court may allow an applicant
5whose application is denied or who receives a partial
6assessment waiver to defer payment of the assessments, make
7installment payments, or make payment upon reasonable terms and
8conditions stated in the order.
9    (f) Nothing in this Section shall be construed to affect
10the right of a party to court-appointed counsel, as authorized
11by any other provision of law or by the rules of the Illinois
12Supreme Court.
13    (g) The provisions of this Section are severable under
14Section 1.31 of the Statute on Statutes.
 
15    Section 905-85. The Violent Crime Victims Assistance Act is
16amended by changing Section 10 as follows:
 
17    (725 ILCS 240/10)  (from Ch. 70, par. 510)
18    Sec. 10. Violent Crime Victims Assistance Fund.
19    (a) The "Violent Crime Victims Assistance Fund" is created
20as a special fund in the State Treasury to provide monies for
21the grants to be awarded under this Act.
22    (b) (Blank). When any person is convicted in Illinois of an
23offense listed below, or placed on supervision for that offense
24on or after July 1, 2012, the court shall impose the following

 

 

10000SB1328ham001- 173 -LRB100 08307 MRW 26652 a

1fines:
2        (1) $100 for any felony;
3        (2) $50 for any offense under the Illinois Vehicle
4    Code, exclusive of offenses enumerated in paragraph (a)(2)
5    of Section 6-204 of that Code, and exclusive of any offense
6    enumerated in Article VI of Chapter 11 of that Code
7    relating to restrictions, regulations, and limitations on
8    the speed at which a motor vehicle is driven or operated;
9    and
10        (3) $75 for any misdemeanor, excluding a conservation
11    offense.
12    Notwithstanding any other provision of this Section, the
13penalty established in this Section shall be assessed for any
14violation of Section 11-601.5, 11-605.2, or 11-605.3 of the
15Illinois Vehicle Code.
16    The Clerk of the Circuit Court shall remit moneys collected
17under this subsection (b) within one month after receipt to the
18State Treasurer for deposit into the Violent Crime Victims
19Assistance Fund, except as provided in subsection (g) of this
20Section. Such additional penalty shall not be considered a part
21of the fine for purposes of any reduction made in the fine for
22time served either before or after sentencing. Not later than
23March 1 of each year the Clerk of the Circuit Court shall
24submit to the State Comptroller a report of the amount of funds
25remitted by him to the State Treasurer under this Section
26during the preceding calendar year.

 

 

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1    (c) (Blank). The charge imposed by subsection (b) shall not
2be subject to the provisions of Section 110-14 of the Code of
3Criminal Procedure of 1963.
4    (d) Monies forfeited, and proceeds from the sale of
5property forfeited and seized, under the forfeiture provisions
6set forth in Part 500 of Article 124B of the Code of Criminal
7Procedure of 1963 shall be accepted for the Violent Crime
8Victims Assistance Fund.
9    (e) Investment income which is attributable to the
10investment of monies in the Violent Crime Victims Assistance
11Fund shall be credited to that fund for uses specified in this
12Act. The Treasurer shall provide the Attorney General a monthly
13status report on the amount of money in the Fund.
14    (f) Monies from the fund may be granted on and after July
151, 1984.
16    (g) (Blank). All amounts and charges imposed under this
17Section for any violation of Chapters 3, 4, 6, and 11 of the
18Illinois Vehicle Code, or a similar provision of a local
19ordinance, or any violation of the Child Passenger Protection
20Act, or a similar provision of a local ordinance, shall be
21collected and disbursed by the circuit clerk as provided under
22Section 27.5 of the Clerks of Courts Act.
23(Source: P.A. 96-712, eff. 1-1-10; 97-108, eff. 7-14-11;
2497-816, eff. 7-16-12.)
 
25    Section 905-90. The Unified Code of Corrections is amended

 

 

10000SB1328ham001- 175 -LRB100 08307 MRW 26652 a

1by changing Sections 5-4-3, 5-4.5-50, 5-4.5-55, 5-4.5-60,
25-4.5-65, 5-4.5-75, 5-4.5-80, 5-5-3, 5-5-6, 5-6-1, 5-6-3,
35-6-3.1, 5-7-1, 5-9-1, 5-9-1.4, 5-9-1.7, 5-9-1.9, 5-9-1.11,
45-9-1.16, and 5-9-1.21 as follows:
 
5    (730 ILCS 5/5-4-3)  (from Ch. 38, par. 1005-4-3)
6    Sec. 5-4-3. Specimens; genetic marker groups.
7    (a) Any person convicted of, found guilty under the
8Juvenile Court Act of 1987 for, or who received a disposition
9of court supervision for, a qualifying offense or attempt of a
10qualifying offense, convicted or found guilty of any offense
11classified as a felony under Illinois law, convicted or found
12guilty of any offense requiring registration under the Sex
13Offender Registration Act, found guilty or given supervision
14for any offense classified as a felony under the Juvenile Court
15Act of 1987, convicted or found guilty of, under the Juvenile
16Court Act of 1987, any offense requiring registration under the
17Sex Offender Registration Act, or institutionalized as a
18sexually dangerous person under the Sexually Dangerous Persons
19Act, or committed as a sexually violent person under the
20Sexually Violent Persons Commitment Act shall, regardless of
21the sentence or disposition imposed, be required to submit
22specimens of blood, saliva, or tissue to the Illinois
23Department of State Police in accordance with the provisions of
24this Section, provided such person is:
25        (1) convicted of a qualifying offense or attempt of a

 

 

10000SB1328ham001- 176 -LRB100 08307 MRW 26652 a

1    qualifying offense on or after July 1, 1990 and sentenced
2    to a term of imprisonment, periodic imprisonment, fine,
3    probation, conditional discharge or any other form of
4    sentence, or given a disposition of court supervision for
5    the offense;
6        (1.5) found guilty or given supervision under the
7    Juvenile Court Act of 1987 for a qualifying offense or
8    attempt of a qualifying offense on or after January 1,
9    1997;
10        (2) ordered institutionalized as a sexually dangerous
11    person on or after July 1, 1990;
12        (3) convicted of a qualifying offense or attempt of a
13    qualifying offense before July 1, 1990 and is presently
14    confined as a result of such conviction in any State
15    correctional facility or county jail or is presently
16    serving a sentence of probation, conditional discharge or
17    periodic imprisonment as a result of such conviction;
18        (3.5) convicted or found guilty of any offense
19    classified as a felony under Illinois law or found guilty
20    or given supervision for such an offense under the Juvenile
21    Court Act of 1987 on or after August 22, 2002;
22        (4) presently institutionalized as a sexually
23    dangerous person or presently institutionalized as a
24    person found guilty but mentally ill of a sexual offense or
25    attempt to commit a sexual offense; or
26        (4.5) ordered committed as a sexually violent person on

 

 

10000SB1328ham001- 177 -LRB100 08307 MRW 26652 a

1    or after the effective date of the Sexually Violent Persons
2    Commitment Act.
3    (a-1) Any person incarcerated in a facility of the Illinois
4Department of Corrections or the Illinois Department of
5Juvenile Justice on or after August 22, 2002, whether for a
6term of years, natural life, or a sentence of death, who has
7not yet submitted a specimen of blood, saliva, or tissue shall
8be required to submit a specimen of blood, saliva, or tissue
9prior to his or her final discharge, or release on parole,
10aftercare release, or mandatory supervised release, as a
11condition of his or her parole, aftercare release, or mandatory
12supervised release, or within 6 months from August 13, 2009
13(the effective date of Public Act 96-426), whichever is sooner.
14A person incarcerated on or after August 13, 2009 (the
15effective date of Public Act 96-426) shall be required to
16submit a specimen within 45 days of incarceration, or prior to
17his or her final discharge, or release on parole, aftercare
18release, or mandatory supervised release, as a condition of his
19or her parole, aftercare release, or mandatory supervised
20release, whichever is sooner. These specimens shall be placed
21into the State or national DNA database, to be used in
22accordance with other provisions of this Section, by the
23Illinois State Police.
24    (a-2) Any person sentenced to life imprisonment in a
25facility of the Illinois Department of Corrections after the
26effective date of this amendatory Act of the 94th General

 

 

10000SB1328ham001- 178 -LRB100 08307 MRW 26652 a

1Assembly or sentenced to death after the effective date of this
2amendatory Act of the 94th General Assembly shall be required
3to provide a specimen of blood, saliva, or tissue within 45
4days after sentencing or disposition at a collection site
5designated by the Illinois Department of State Police. Any
6person serving a sentence of life imprisonment in a facility of
7the Illinois Department of Corrections on the effective date of
8this amendatory Act of the 94th General Assembly or any person
9who is under a sentence of death on the effective date of this
10amendatory Act of the 94th General Assembly shall be required
11to provide a specimen of blood, saliva, or tissue upon request
12at a collection site designated by the Illinois Department of
13State Police.
14    (a-3) Any person seeking transfer to or residency in
15Illinois under Sections 3-3-11.05 through 3-3-11.5 of this
16Code, the Interstate Compact for Adult Offender Supervision, or
17the Interstate Agreements on Sexually Dangerous Persons Act
18shall be required to provide a specimen of blood, saliva, or
19tissue within 45 days after transfer to or residency in
20Illinois at a collection site designated by the Illinois
21Department of State Police.
22    (a-3.1) Any person required by an order of the court to
23submit a DNA specimen shall be required to provide a specimen
24of blood, saliva, or tissue within 45 days after the court
25order at a collection site designated by the Illinois
26Department of State Police.

 

 

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1    (a-3.2) On or after January 1, 2012 (the effective date of
2Public Act 97-383), any person arrested for any of the
3following offenses, after an indictment has been returned by a
4grand jury, or following a hearing pursuant to Section 109-3 of
5the Code of Criminal Procedure of 1963 and a judge finds there
6is probable cause to believe the arrestee has committed one of
7the designated offenses, or an arrestee has waived a
8preliminary hearing shall be required to provide a specimen of
9blood, saliva, or tissue within 14 days after such indictment
10or hearing at a collection site designated by the Illinois
11Department of State Police:
12        (A) first degree murder;
13        (B) home invasion;
14        (C) predatory criminal sexual assault of a child;
15        (D) aggravated criminal sexual assault; or
16        (E) criminal sexual assault.
17    (a-3.3) Any person required to register as a sex offender
18under the Sex Offender Registration Act, regardless of the date
19of conviction as set forth in subsection (c-5.2) shall be
20required to provide a specimen of blood, saliva, or tissue
21within the time period prescribed in subsection (c-5.2) at a
22collection site designated by the Illinois Department of State
23Police.
24    (a-5) Any person who was otherwise convicted of or received
25a disposition of court supervision for any other offense under
26the Criminal Code of 1961 or the Criminal Code of 2012 or who

 

 

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1was found guilty or given supervision for such a violation
2under the Juvenile Court Act of 1987, may, regardless of the
3sentence imposed, be required by an order of the court to
4submit specimens of blood, saliva, or tissue to the Illinois
5Department of State Police in accordance with the provisions of
6this Section.
7    (b) Any person required by paragraphs (a)(1), (a)(1.5),
8(a)(2), (a)(3.5), and (a-5) to provide specimens of blood,
9saliva, or tissue shall provide specimens of blood, saliva, or
10tissue within 45 days after sentencing or disposition at a
11collection site designated by the Illinois Department of State
12Police.
13    (c) Any person required by paragraphs (a)(3), (a)(4), and
14(a)(4.5) to provide specimens of blood, saliva, or tissue shall
15be required to provide such specimens prior to final discharge
16or within 6 months from August 13, 2009 (the effective date of
17Public Act 96-426), whichever is sooner. These specimens shall
18be placed into the State or national DNA database, to be used
19in accordance with other provisions of this Act, by the
20Illinois State Police.
21    (c-5) Any person required by paragraph (a-3) to provide
22specimens of blood, saliva, or tissue shall, where feasible, be
23required to provide the specimens before being accepted for
24conditioned residency in Illinois under the interstate compact
25or agreement, but no later than 45 days after arrival in this
26State.

 

 

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1    (c-5.2) Unless it is determined that a registered sex
2offender has previously submitted a specimen of blood, saliva,
3or tissue that has been placed into the State DNA database, a
4person registering as a sex offender shall be required to
5submit a specimen at the time of his or her initial
6registration pursuant to the Sex Offender Registration Act or,
7for a person registered as a sex offender on or prior to
8January 1, 2012 (the effective date of Public Act 97-383),
9within one year of January 1, 2012 (the effective date of
10Public Act 97-383) or at the time of his or her next required
11registration.
12    (c-6) The Illinois Department of State Police may determine
13which type of specimen or specimens, blood, saliva, or tissue,
14is acceptable for submission to the Division of Forensic
15Services for analysis. The Illinois Department of State Police
16may require the submission of fingerprints from anyone required
17to give a specimen under this Act.
18    (d) The Illinois Department of State Police shall provide
19all equipment and instructions necessary for the collection of
20blood specimens. The collection of specimens shall be performed
21in a medically approved manner. Only a physician authorized to
22practice medicine, a registered nurse or other qualified person
23trained in venipuncture may withdraw blood for the purposes of
24this Act. The specimens shall thereafter be forwarded to the
25Illinois Department of State Police, Division of Forensic
26Services, for analysis and categorizing into genetic marker

 

 

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1groupings.
2    (d-1) The Illinois Department of State Police shall provide
3all equipment and instructions necessary for the collection of
4saliva specimens. The collection of saliva specimens shall be
5performed in a medically approved manner. Only a person trained
6in the instructions promulgated by the Illinois State Police on
7collecting saliva may collect saliva for the purposes of this
8Section. The specimens shall thereafter be forwarded to the
9Illinois Department of State Police, Division of Forensic
10Services, for analysis and categorizing into genetic marker
11groupings.
12    (d-2) The Illinois Department of State Police shall provide
13all equipment and instructions necessary for the collection of
14tissue specimens. The collection of tissue specimens shall be
15performed in a medically approved manner. Only a person trained
16in the instructions promulgated by the Illinois State Police on
17collecting tissue may collect tissue for the purposes of this
18Section. The specimens shall thereafter be forwarded to the
19Illinois Department of State Police, Division of Forensic
20Services, for analysis and categorizing into genetic marker
21groupings.
22    (d-5) To the extent that funds are available, the Illinois
23Department of State Police shall contract with qualified
24personnel and certified laboratories for the collection,
25analysis, and categorization of known specimens, except as
26provided in subsection (n) of this Section.

 

 

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1    (d-6) Agencies designated by the Illinois Department of
2State Police and the Illinois Department of State Police may
3contract with third parties to provide for the collection or
4analysis of DNA, or both, of an offender's blood, saliva, and
5tissue specimens, except as provided in subsection (n) of this
6Section.
7    (e) The genetic marker groupings shall be maintained by the
8Illinois Department of State Police, Division of Forensic
9Services.
10    (f) The genetic marker grouping analysis information
11obtained pursuant to this Act shall be confidential and shall
12be released only to peace officers of the United States, of
13other states or territories, of the insular possessions of the
14United States, of foreign countries duly authorized to receive
15the same, to all peace officers of the State of Illinois and to
16all prosecutorial agencies, and to defense counsel as provided
17by Section 116-5 of the Code of Criminal Procedure of 1963. The
18genetic marker grouping analysis information obtained pursuant
19to this Act shall be used only for (i) valid law enforcement
20identification purposes and as required by the Federal Bureau
21of Investigation for participation in the National DNA
22database, (ii) technology validation purposes, (iii) a
23population statistics database, (iv) quality assurance
24purposes if personally identifying information is removed, (v)
25assisting in the defense of the criminally accused pursuant to
26Section 116-5 of the Code of Criminal Procedure of 1963, or

 

 

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1(vi) identifying and assisting in the prosecution of a person
2who is suspected of committing a sexual assault as defined in
3Section 1a of the Sexual Assault Survivors Emergency Treatment
4Act. Notwithstanding any other statutory provision to the
5contrary, all information obtained under this Section shall be
6maintained in a single State data base, which may be uploaded
7into a national database, and which information may be subject
8to expungement only as set forth in subsection (f-1).
9    (f-1) Upon receipt of notification of a reversal of a
10conviction based on actual innocence, or of the granting of a
11pardon pursuant to Section 12 of Article V of the Illinois
12Constitution, if that pardon document specifically states that
13the reason for the pardon is the actual innocence of an
14individual whose DNA record has been stored in the State or
15national DNA identification index in accordance with this
16Section by the Illinois Department of State Police, the DNA
17record shall be expunged from the DNA identification index, and
18the Department shall by rule prescribe procedures to ensure
19that the record and any specimens, analyses, or other documents
20relating to such record, whether in the possession of the
21Department or any law enforcement or police agency, or any
22forensic DNA laboratory, including any duplicates or copies
23thereof, are destroyed and a letter is sent to the court
24verifying the expungement is completed. For specimens required
25to be collected prior to conviction, unless the individual has
26other charges or convictions that require submission of a

 

 

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1specimen, the DNA record for an individual shall be expunged
2from the DNA identification databases and the specimen
3destroyed upon receipt of a certified copy of a final court
4order for each charge against an individual in which the charge
5has been dismissed, resulted in acquittal, or that the charge
6was not filed within the applicable time period. The Department
7shall by rule prescribe procedures to ensure that the record
8and any specimens in the possession or control of the
9Department are destroyed and a letter is sent to the court
10verifying the expungement is completed.
11    (f-5) Any person who intentionally uses genetic marker
12grouping analysis information, or any other information
13derived from a DNA specimen, beyond the authorized uses as
14provided under this Section, or any other Illinois law, is
15guilty of a Class 4 felony, and shall be subject to a fine of
16not less than $5,000.
17    (f-6) The Illinois Department of State Police may contract
18with third parties for the purposes of implementing this
19amendatory Act of the 93rd General Assembly, except as provided
20in subsection (n) of this Section. Any other party contracting
21to carry out the functions of this Section shall be subject to
22the same restrictions and requirements of this Section insofar
23as applicable, as the Illinois Department of State Police, and
24to any additional restrictions imposed by the Illinois
25Department of State Police.
26    (g) For the purposes of this Section, "qualifying offense"

 

 

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1means any of the following:
2        (1) any violation or inchoate violation of Section
3    11-1.50, 11-1.60, 11-6, 11-9.1, 11-11, 11-18.1, 12-15, or
4    12-16 of the Criminal Code of 1961 or the Criminal Code of
5    2012;
6        (1.1) any violation or inchoate violation of Section
7    9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3,
8    18-4, 18-6, 19-1, 19-2, or 19-6 of the Criminal Code of
9    1961 or the Criminal Code of 2012 for which persons are
10    convicted on or after July 1, 2001;
11        (2) any former statute of this State which defined a
12    felony sexual offense;
13        (3) (blank);
14        (4) any inchoate violation of Section 9-3.1, 9-3.4,
15    11-9.3, 12-7.3, or 12-7.4 of the Criminal Code of 1961 or
16    the Criminal Code of 2012; or
17        (5) any violation or inchoate violation of Article 29D
18    of the Criminal Code of 1961 or the Criminal Code of 2012.
19    (g-5) (Blank).
20    (h) The Illinois Department of State Police shall be the
21State central repository for all genetic marker grouping
22analysis information obtained pursuant to this Act. The
23Illinois Department of State Police may promulgate rules for
24the form and manner of the collection of blood, saliva, or
25tissue specimens and other procedures for the operation of this
26Act. The provisions of the Administrative Review Law shall

 

 

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1apply to all actions taken under the rules so promulgated.
2    (i) (1) A person required to provide a blood, saliva, or
3    tissue specimen shall cooperate with the collection of the
4    specimen and any deliberate act by that person intended to
5    impede, delay or stop the collection of the blood, saliva,
6    or tissue specimen is a Class 4 felony.
7        (2) In the event that a person's DNA specimen is not
8    adequate for any reason, the person shall provide another
9    DNA specimen for analysis. Duly authorized law enforcement
10    and corrections personnel may employ reasonable force in
11    cases in which an individual refuses to provide a DNA
12    specimen required under this Act.
13    (j) (Blank). Any person required by subsection (a), or any
14person who was previously required by subsection (a-3.2), to
15submit specimens of blood, saliva, or tissue to the Illinois
16Department of State Police for analysis and categorization into
17genetic marker grouping, in addition to any other disposition,
18penalty, or fine imposed, shall pay an analysis fee of $250. If
19the analysis fee is not paid at the time of sentencing, the
20court shall establish a fee schedule by which the entire amount
21of the analysis fee shall be paid in full, such schedule not to
22exceed 24 months from the time of conviction. The inability to
23pay this analysis fee shall not be the sole ground to
24incarcerate the person.
25    (k) All analysis and categorization assessments fees
26provided under the Criminal and Traffic Assessments Act to the

 

 

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1State Offender DNA Identification System Fund for by subsection
2(j) shall be regulated as follows:
3        (1) The State Offender DNA Identification System Fund
4    is hereby created as a special fund in the State Treasury.
5        (2) (Blank). All fees shall be collected by the clerk
6    of the court and forwarded to the State Offender DNA
7    Identification System Fund for deposit. The clerk of the
8    circuit court may retain the amount of $10 from each
9    collected analysis fee to offset administrative costs
10    incurred in carrying out the clerk's responsibilities
11    under this Section.
12        (3) Moneys Fees deposited into the State Offender DNA
13    Identification System Fund shall be used by Illinois State
14    Police crime laboratories as designated by the Director of
15    State Police. These funds shall be in addition to any
16    allocations made pursuant to existing laws and shall be
17    designated for the exclusive use of State crime
18    laboratories. These uses may include, but are not limited
19    to, the following:
20            (A) Costs incurred in providing analysis and
21        genetic marker categorization as required by
22        subsection (d).
23            (B) Costs incurred in maintaining genetic marker
24        groupings as required by subsection (e).
25            (C) Costs incurred in the purchase and maintenance
26        of equipment for use in performing analyses.

 

 

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1            (D) Costs incurred in continuing research and
2        development of new techniques for analysis and genetic
3        marker categorization.
4            (E) Costs incurred in continuing education,
5        training, and professional development of forensic
6        scientists regularly employed by these laboratories.
7    (l) The failure of a person to provide a specimen, or of
8any person or agency to collect a specimen, shall in no way
9alter the obligation of the person to submit such specimen, or
10the authority of the Illinois Department of State Police or
11persons designated by the Department to collect the specimen,
12or the authority of the Illinois Department of State Police to
13accept, analyze and maintain the specimen or to maintain or
14upload results of genetic marker grouping analysis information
15into a State or national database.
16    (m) If any provision of this amendatory Act of the 93rd
17General Assembly is held unconstitutional or otherwise
18invalid, the remainder of this amendatory Act of the 93rd
19General Assembly is not affected.
20    (n) Neither the Department of State Police, the Division of
21Forensic Services, nor any laboratory of the Division of
22Forensic Services may contract out forensic testing for the
23purpose of an active investigation or a matter pending before a
24court of competent jurisdiction without the written consent of
25the prosecuting agency. For the purposes of this subsection
26(n), "forensic testing" includes the analysis of physical

 

 

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1evidence in an investigation or other proceeding for the
2prosecution of a violation of the Criminal Code of 1961 or the
3Criminal Code of 2012 or for matters adjudicated under the
4Juvenile Court Act of 1987, and includes the use of forensic
5databases and databanks, including DNA, firearm, and
6fingerprint databases, and expert testimony.
7    (o) Mistake does not invalidate a database match. The
8detention, arrest, or conviction of a person based upon a
9database match or database information is not invalidated if it
10is determined that the specimen was obtained or placed in the
11database by mistake.
12    (p) This Section may be referred to as the Illinois DNA
13Database Law of 2011.
14(Source: P.A. 97-383, eff. 1-1-12; 97-1109, eff. 1-1-13;
1597-1150, eff. 1-25-13; 98-558, eff. 1-1-14.)
 
16    (730 ILCS 5/5-4.5-50)
17    Sec. 5-4.5-50. SENTENCE PROVISIONS; ALL FELONIES. Except
18as otherwise provided, for all felonies:
19    (a) NO SUPERVISION. The court, upon a plea of guilty or a
20stipulation by the defendant of the facts supporting the charge
21or a finding of guilt, may not defer further proceedings and
22the imposition of a sentence and may not enter an order for
23supervision of the defendant.
24    (b) FELONY FINES. Unless otherwise specified by law, the
25minimum fine is $25. An offender may be sentenced to pay a fine

 

 

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1not to exceed, for each offense, $25,000 or the amount
2specified in the offense, whichever is greater, or if the
3offender is a corporation, $50,000 or the amount specified in
4the offense, whichever is greater. A fine may be imposed in
5addition to a sentence of conditional discharge, probation,
6periodic imprisonment, or imprisonment. See Article 9 of
7Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of
8additional amounts and determination of amounts and payment. If
9the court finds that the fine would impose an undue burden on
10the victim, the court may reduce or waive the fine.
11    (c) REASONS FOR SENTENCE STATED. The sentencing judge in
12each felony conviction shall set forth his or her reasons for
13imposing the particular sentence entered in the case, as
14provided in Section 5-4-1 (730 ILCS 5/5-4-1). Those reasons may
15include any mitigating or aggravating factors specified in this
16Code, or the lack of any such factors, as well as any other
17mitigating or aggravating factors that the judge sets forth on
18the record that are consistent with the purposes and principles
19of sentencing set out in this Code.
20    (d) MOTION TO REDUCE SENTENCE. A motion to reduce a
21sentence may be made, or the court may reduce a sentence
22without motion, within 30 days after the sentence is imposed. A
23defendant's challenge to the correctness of a sentence or to
24any aspect of the sentencing hearing shall be made by a written
25motion filed with the circuit court clerk within 30 days
26following the imposition of sentence. A motion not filed within

 

 

10000SB1328ham001- 192 -LRB100 08307 MRW 26652 a

1that 30-day period is not timely. The court may not increase a
2sentence once it is imposed. A notice of motion must be filed
3with the motion. The notice of motion shall set the motion on
4the court's calendar on a date certain within a reasonable time
5after the date of filing.
6    If a motion filed pursuant to this subsection is timely
7filed, the proponent of the motion shall exercise due diligence
8in seeking a determination on the motion and the court shall
9thereafter decide the motion within a reasonable time.
10    If a motion filed pursuant to this subsection is timely
11filed, then for purposes of perfecting an appeal, a final
12judgment is not considered to have been entered until the
13motion to reduce the sentence has been decided by order entered
14by the trial court.
15    (e) CONCURRENT SENTENCE; PREVIOUS UNEXPIRED FEDERAL OR
16OTHER-STATE SENTENCE. A defendant who has a previous and
17unexpired sentence of imprisonment imposed by another state or
18by any district court of the United States and who, after
19sentence for a crime in Illinois, must return to serve the
20unexpired prior sentence may have his or her sentence by the
21Illinois court ordered to be concurrent with the prior
22other-state or federal sentence. The court may order that any
23time served on the unexpired portion of the other-state or
24federal sentence, prior to his or her return to Illinois, shall
25be credited on his or her Illinois sentence. The appropriate
26official of the other state or the United States shall be

 

 

10000SB1328ham001- 193 -LRB100 08307 MRW 26652 a

1furnished with a copy of the order imposing sentence, which
2shall provide that, when the offender is released from
3other-state or federal confinement, whether by parole or by
4termination of sentence, the offender shall be transferred by
5the Sheriff of the committing Illinois county to the Illinois
6Department of Corrections. The court shall cause the Department
7of Corrections to be notified of the sentence at the time of
8commitment and to be provided with copies of all records
9regarding the sentence.
10    (f) REDUCTION; PREVIOUS UNEXPIRED ILLINOIS SENTENCE. A
11defendant who has a previous and unexpired sentence of
12imprisonment imposed by an Illinois circuit court for a crime
13in this State and who is subsequently sentenced to a term of
14imprisonment by another state or by any district court of the
15United States and who has served a term of imprisonment imposed
16by the other state or district court of the United States, and
17must return to serve the unexpired prior sentence imposed by
18the Illinois circuit court, may apply to the Illinois circuit
19court that imposed sentence to have his or her sentence
20reduced.
21    The circuit court may order that any time served on the
22sentence imposed by the other state or district court of the
23United States be credited on his or her Illinois sentence. The
24application for reduction of a sentence under this subsection
25shall be made within 30 days after the defendant has completed
26the sentence imposed by the other state or district court of

 

 

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1the United States.
2    (g) NO REQUIRED BIRTH CONTROL. A court may not impose a
3sentence or disposition that requires the defendant to be
4implanted or injected with or to use any form of birth control.
5(Source: P.A. 95-1052, eff. 7-1-09.)
 
6    (730 ILCS 5/5-4.5-55)
7    Sec. 5-4.5-55. CLASS A MISDEMEANORS; SENTENCE. For a Class
8A misdemeanor:
9    (a) TERM. The sentence of imprisonment shall be a
10determinate sentence of less than one year.
11    (b) PERIODIC IMPRISONMENT. A sentence of periodic
12imprisonment shall be for a definite term of less than one
13year, except as otherwise provided in Section 5-5-3 or 5-7-1
14(730 ILCS 5/5-5-3 or 5/5-7-1).
15    (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS
165/5-8-1.2) concerning eligibility for the county impact
17incarceration program.
18    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
19in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
20period of probation or conditional discharge shall not exceed 2
21years. The court shall specify the conditions of probation or
22conditional discharge as set forth in Section 5-6-3 (730 ILCS
235/5-6-3).
24    (e) FINE. Unless otherwise specified by law, the minimum
25fine is $25. A fine not to exceed $2,500 for each offense or

 

 

10000SB1328ham001- 195 -LRB100 08307 MRW 26652 a

1the amount specified in the offense, whichever is greater, may
2be imposed. A fine may be imposed in addition to a sentence of
3conditional discharge, probation, periodic imprisonment, or
4imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V,
5Art. 9) for imposition of additional amounts and determination
6of amounts and payment. If the court finds that the fine would
7impose an undue burden on the victim, the court may reduce or
8waive the fine.
9    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
10concerning restitution.
11    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
12be concurrent or consecutive as provided in Section 5-8-4 (730
13ILCS 5/5-8-4).
14    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
15Act (730 ILCS 166/20) concerning eligibility for a drug court
16program.
17    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
18ILCS 5/5-4.5-100) concerning credit for time spent in home
19detention prior to judgment.
20    (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good
21Behavior Allowance Act (730 ILCS 130/) for rules and
22regulations for good behavior allowance.
23    (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS
245/5-8A-3) concerning eligibility for electronic home
25detention.
26(Source: P.A. 97-697, eff. 6-22-12.)
 

 

 

10000SB1328ham001- 196 -LRB100 08307 MRW 26652 a

1    (730 ILCS 5/5-4.5-60)
2    Sec. 5-4.5-60. CLASS B MISDEMEANORS; SENTENCE. For a Class
3B misdemeanor:
4    (a) TERM. The sentence of imprisonment shall be a
5determinate sentence of not more than 6 months.
6    (b) PERIODIC IMPRISONMENT. A sentence of periodic
7imprisonment shall be for a definite term of up to 6 months or
8as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).
9    (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS
105/5-8-1.2) concerning eligibility for the county impact
11incarceration program.
12    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
13in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or
14conditional discharge shall not exceed 2 years. The court shall
15specify the conditions of probation or conditional discharge as
16set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
17    (e) FINE. Unless otherwise specified by law, the minimum
18fine is $25. A fine not to exceed $1,500 for each offense or
19the amount specified in the offense, whichever is greater, may
20be imposed. A fine may be imposed in addition to a sentence of
21conditional discharge, probation, periodic imprisonment, or
22imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V,
23Art. 9) for imposition of additional amounts and determination
24of amounts and payment. If the court finds that the fine would
25impose an undue burden on the victim, the court may reduce or

 

 

10000SB1328ham001- 197 -LRB100 08307 MRW 26652 a

1waive the fine.
2    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
3concerning restitution.
4    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
5be concurrent or consecutive as provided in Section 5-8-4 (730
6ILCS 5/5-8-4).
7    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
8Act (730 ILCS 166/20) concerning eligibility for a drug court
9program.
10    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
11ILCS 5/5-4.5-100) concerning credit for time spent in home
12detention prior to judgment.
13    (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good
14Behavior Allowance Act (730 ILCS 130/) for rules and
15regulations for good behavior allowance.
16    (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS
175/5-8A-3) concerning eligibility for electronic home
18detention.
19(Source: P.A. 97-697, eff. 6-22-12.)
 
20    (730 ILCS 5/5-4.5-65)
21    Sec. 5-4.5-65. CLASS C MISDEMEANORS; SENTENCE. For a Class
22C misdemeanor:
23    (a) TERM. The sentence of imprisonment shall be a
24determinate sentence of not more than 30 days.
25    (b) PERIODIC IMPRISONMENT. A sentence of periodic

 

 

10000SB1328ham001- 198 -LRB100 08307 MRW 26652 a

1imprisonment shall be for a definite term of up to 30 days or
2as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).
3    (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS
45/5-8-1.2) concerning eligibility for the county impact
5incarceration program.
6    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
7in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or
8conditional discharge shall not exceed 2 years. The court shall
9specify the conditions of probation or conditional discharge as
10set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
11    (e) FINE. Unless otherwise specified by law, the minimum
12fine is $25. A fine not to exceed $1,500 for each offense or
13the amount specified in the offense, whichever is greater, may
14be imposed. A fine may be imposed in addition to a sentence of
15conditional discharge, probation, periodic imprisonment, or
16imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V,
17Art. 9) for imposition of additional amounts and determination
18of amounts and payment. If the court finds that the fine would
19impose an undue burden on the victim, the court may reduce or
20waive the fine.
21    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
22concerning restitution.
23    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
24be concurrent or consecutive as provided in Section 5-8-4 (730
25ILCS 5/5-8-4).
26    (h) DRUG COURT. See Section 20 of the Drug Court Treatment

 

 

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1Act (730 ILCS 166/20) concerning eligibility for a drug court
2program.
3    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
4ILCS 5/5-4.5-100) concerning credit for time spent in home
5detention prior to judgment.
6    (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good
7Behavior Allowance Act (730 ILCS 130/) for rules and
8regulations for good behavior allowance.
9    (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS
105/5-8A-3) concerning eligibility for electronic home
11detention.
12(Source: P.A. 97-697, eff. 6-22-12.)
 
13    (730 ILCS 5/5-4.5-75)
14    Sec. 5-4.5-75. PETTY OFFENSES; SENTENCE. Except as
15otherwise provided, for a petty offense:
16    (a) FINE. Unless otherwise specified by law, the minimum
17fine is $25. A defendant may be sentenced to pay a fine not to
18exceed $1,000 for each offense or the amount specified in the
19offense, whichever is less. A fine may be imposed in addition
20to a sentence of conditional discharge or probation. See
21Article 9 of Chapter V (730 ILCS 5/Ch. V, Art. 9) for
22imposition of additional amounts and determination of amounts
23and payment. If the court finds that the fine would impose an
24undue burden on the victim, the court may reduce or waive the
25fine.

 

 

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1    (b) PROBATION; CONDITIONAL DISCHARGE. Except as provided
2in Section 5-6-2 (730 ILCS 5/5-6-2), a defendant may be
3sentenced to a period of probation or conditional discharge not
4to exceed 6 months. The court shall specify the conditions of
5probation or conditional discharge as set forth in Section
65-6-3 (730 ILCS 5/5-6-3).
7    (c) RESTITUTION. A defendant may be sentenced to make
8restitution to the victim under Section 5-5-6 (730 ILCS
95/5-5-6).
10    (d) SUPERVISION; ORDER. The court, upon a plea of guilty or
11a stipulation by the defendant of the facts supporting the
12charge or a finding of guilt, may defer further proceedings and
13the imposition of a sentence and may enter an order for
14supervision of the defendant. If the defendant is not barred
15from receiving an order for supervision under Section 5-6-1
16(730 ILCS 5/5-6-1) or otherwise, the court may enter an order
17for supervision after considering the circumstances of the
18offense, and the history, character, and condition of the
19offender, if the court is of the opinion that:
20        (1) the defendant is not likely to commit further
21    crimes;
22        (2) the defendant and the public would be best served
23    if the defendant were not to receive a criminal record; and
24        (3) in the best interests of justice, an order of
25    supervision is more appropriate than a sentence otherwise
26    permitted under this Code.

 

 

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1    (e) SUPERVISION; PERIOD. When a defendant is placed on
2supervision, the court shall enter an order for supervision
3specifying the period of supervision, and shall defer further
4proceedings in the case until the conclusion of the period. The
5period of supervision shall be reasonable under all of the
6circumstances of the case, and except as otherwise provided,
7may not be longer than 2 years. The court shall specify the
8conditions of supervision as set forth in Section 5-6-3.1 (730
9ILCS 5/5-6-3.1).
10(Source: P.A. 95-1052, eff. 7-1-09.)
 
11    (730 ILCS 5/5-4.5-80)
12    Sec. 5-4.5-80. BUSINESS OFFENSES; SENTENCE. Except as
13otherwise provided, for a business offense:
14    (a) FINE. Unless otherwise specified by law, the minimum
15fine is $25. A defendant may be sentenced to pay a fine not to
16exceed for each offense the amount specified in the statute
17defining that offense. A fine may be imposed in addition to a
18sentence of conditional discharge. See Article 9 of Chapter V
19(730 ILCS 5/Ch. V, Art. 9) for imposition of additional amounts
20and determination of amounts and payment. If the court finds
21that the fine would impose an undue burden on the victim, the
22court may reduce or waive the fine.
23    (b) CONDITIONAL DISCHARGE. A defendant may be sentenced to
24a period of conditional discharge. The court shall specify the
25conditions of conditional discharge as set forth in Section

 

 

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15-6-3 (730 ILCS 5/5-6-3).
2    (c) RESTITUTION. A defendant may be sentenced to make
3restitution to the victim under Section 5-5-6 (730 ILCS
45/5-5-6).
5    (d) SUPERVISION; ORDER. The court, upon a plea of guilty or
6a stipulation by the defendant of the facts supporting the
7charge or a finding of guilt, may defer further proceedings and
8the imposition of a sentence and may enter an order for
9supervision of the defendant. If the defendant is not barred
10from receiving an order for supervision under Section 5-6-1
11(730 ILCS 5/5-6-1) or otherwise, the court may enter an order
12for supervision after considering the circumstances of the
13offense, and the history, character, and condition of the
14offender, if the court is of the opinion that:
15        (1) the defendant is not likely to commit further
16    crimes;
17        (2) the defendant and the public would be best served
18    if the defendant were not to receive a criminal record; and
19        (3) in the best interests of justice, an order of
20    supervision is more appropriate than a sentence otherwise
21    permitted under this Code.
22    (e) SUPERVISION; PERIOD. When a defendant is placed on
23supervision, the court shall enter an order for supervision
24specifying the period of supervision, and shall defer further
25proceedings in the case until the conclusion of the period. The
26period of supervision shall be reasonable under all of the

 

 

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1circumstances of the case, and except as otherwise provided,
2may not be longer than 2 years. The court shall specify the
3conditions of supervision as set forth in Section 5-6-3.1 (730
4ILCS 5/5-6-3.1).
5(Source: P.A. 95-1052, eff. 7-1-09.)
 
6    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
7    (Text of Section before amendment by P.A. 99-938)
8    Sec. 5-5-3. Disposition.
9    (a) (Blank).
10    (b) (Blank).
11    (c) (1) (Blank).
12    (2) A period of probation, a term of periodic imprisonment
13or conditional discharge shall not be imposed for the following
14offenses. The court shall sentence the offender to not less
15than the minimum term of imprisonment set forth in this Code
16for the following offenses, and may order a fine or restitution
17or both in conjunction with such term of imprisonment:
18        (A) First degree murder where the death penalty is not
19    imposed.
20        (B) Attempted first degree murder.
21        (C) A Class X felony.
22        (D) A violation of Section 401.1 or 407 of the Illinois
23    Controlled Substances Act, or a violation of subdivision
24    (c)(1.5) or (c)(2) of Section 401 of that Act which relates
25    to more than 5 grams of a substance containing cocaine,

 

 

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1    fentanyl, or an analog thereof.
2        (D-5) A violation of subdivision (c)(1) of Section 401
3    of the Illinois Controlled Substances Act which relates to
4    3 or more grams of a substance containing heroin or an
5    analog thereof.
6        (E) A violation of Section 5.1 or 9 of the Cannabis
7    Control Act.
8        (F) A Class 2 or greater felony if the offender had
9    been convicted of a Class 2 or greater felony, including
10    any state or federal conviction for an offense that
11    contained, at the time it was committed, the same elements
12    as an offense now (the date of the offense committed after
13    the prior Class 2 or greater felony) classified as a Class
14    2 or greater felony, within 10 years of the date on which
15    the offender committed the offense for which he or she is
16    being sentenced, except as otherwise provided in Section
17    40-10 of the Alcoholism and Other Drug Abuse and Dependency
18    Act.
19        (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
20    the Criminal Code of 1961 or the Criminal Code of 2012 for
21    which imprisonment is prescribed in those Sections.
22        (G) Residential burglary, except as otherwise provided
23    in Section 40-10 of the Alcoholism and Other Drug Abuse and
24    Dependency Act.
25        (H) Criminal sexual assault.
26        (I) Aggravated battery of a senior citizen as described

 

 

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1    in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
2    of the Criminal Code of 1961 or the Criminal Code of 2012.
3        (J) A forcible felony if the offense was related to the
4    activities of an organized gang.
5        Before July 1, 1994, for the purposes of this
6    paragraph, "organized gang" means an association of 5 or
7    more persons, with an established hierarchy, that
8    encourages members of the association to perpetrate crimes
9    or provides support to the members of the association who
10    do commit crimes.
11        Beginning July 1, 1994, for the purposes of this
12    paragraph, "organized gang" has the meaning ascribed to it
13    in Section 10 of the Illinois Streetgang Terrorism Omnibus
14    Prevention Act.
15        (K) Vehicular hijacking.
16        (L) A second or subsequent conviction for the offense
17    of hate crime when the underlying offense upon which the
18    hate crime is based is felony aggravated assault or felony
19    mob action.
20        (M) A second or subsequent conviction for the offense
21    of institutional vandalism if the damage to the property
22    exceeds $300.
23        (N) A Class 3 felony violation of paragraph (1) of
24    subsection (a) of Section 2 of the Firearm Owners
25    Identification Card Act.
26        (O) A violation of Section 12-6.1 or 12-6.5 of the

 

 

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1    Criminal Code of 1961 or the Criminal Code of 2012.
2        (P) A violation of paragraph (1), (2), (3), (4), (5),
3    or (7) of subsection (a) of Section 11-20.1 of the Criminal
4    Code of 1961 or the Criminal Code of 2012.
5        (Q) A violation of subsection (b) or (b-5) of Section
6    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
7    Code of 1961 or the Criminal Code of 2012.
8        (R) A violation of Section 24-3A of the Criminal Code
9    of 1961 or the Criminal Code of 2012.
10        (S) (Blank).
11        (T) A second or subsequent violation of the
12    Methamphetamine Control and Community Protection Act.
13        (U) A second or subsequent violation of Section 6-303
14    of the Illinois Vehicle Code committed while his or her
15    driver's license, permit, or privilege was revoked because
16    of a violation of Section 9-3 of the Criminal Code of 1961
17    or the Criminal Code of 2012, relating to the offense of
18    reckless homicide, or a similar provision of a law of
19    another state.
20        (V) A violation of paragraph (4) of subsection (c) of
21    Section 11-20.1B or paragraph (4) of subsection (c) of
22    Section 11-20.3 of the Criminal Code of 1961, or paragraph
23    (6) of subsection (a) of Section 11-20.1 of the Criminal
24    Code of 2012 when the victim is under 13 years of age and
25    the defendant has previously been convicted under the laws
26    of this State or any other state of the offense of child

 

 

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1    pornography, aggravated child pornography, aggravated
2    criminal sexual abuse, aggravated criminal sexual assault,
3    predatory criminal sexual assault of a child, or any of the
4    offenses formerly known as rape, deviate sexual assault,
5    indecent liberties with a child, or aggravated indecent
6    liberties with a child where the victim was under the age
7    of 18 years or an offense that is substantially equivalent
8    to those offenses.
9        (W) A violation of Section 24-3.5 of the Criminal Code
10    of 1961 or the Criminal Code of 2012.
11        (X) A violation of subsection (a) of Section 31-1a of
12    the Criminal Code of 1961 or the Criminal Code of 2012.
13        (Y) A conviction for unlawful possession of a firearm
14    by a street gang member when the firearm was loaded or
15    contained firearm ammunition.
16        (Z) A Class 1 felony committed while he or she was
17    serving a term of probation or conditional discharge for a
18    felony.
19        (AA) Theft of property exceeding $500,000 and not
20    exceeding $1,000,000 in value.
21        (BB) Laundering of criminally derived property of a
22    value exceeding $500,000.
23        (CC) Knowingly selling, offering for sale, holding for
24    sale, or using 2,000 or more counterfeit items or
25    counterfeit items having a retail value in the aggregate of
26    $500,000 or more.

 

 

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1        (DD) A conviction for aggravated assault under
2    paragraph (6) of subsection (c) of Section 12-2 of the
3    Criminal Code of 1961 or the Criminal Code of 2012 if the
4    firearm is aimed toward the person against whom the firearm
5    is being used.
6        (EE) A conviction for a violation of paragraph (2) of
7    subsection (a) of Section 24-3B of the Criminal Code of
8    2012.
9    (3) (Blank).
10    (4) A minimum term of imprisonment of not less than 10
11consecutive days or 30 days of community service shall be
12imposed for a violation of paragraph (c) of Section 6-303 of
13the Illinois Vehicle Code.
14    (4.1) (Blank).
15    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
16this subsection (c), a minimum of 100 hours of community
17service shall be imposed for a second violation of Section
186-303 of the Illinois Vehicle Code.
19    (4.3) A minimum term of imprisonment of 30 days or 300
20hours of community service, as determined by the court, shall
21be imposed for a second violation of subsection (c) of Section
226-303 of the Illinois Vehicle Code.
23    (4.4) Except as provided in paragraphs (4.5), (4.6), and
24(4.9) of this subsection (c), a minimum term of imprisonment of
2530 days or 300 hours of community service, as determined by the
26court, shall be imposed for a third or subsequent violation of

 

 

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1Section 6-303 of the Illinois Vehicle Code.
2    (4.5) A minimum term of imprisonment of 30 days shall be
3imposed for a third violation of subsection (c) of Section
46-303 of the Illinois Vehicle Code.
5    (4.6) Except as provided in paragraph (4.10) of this
6subsection (c), a minimum term of imprisonment of 180 days
7shall be imposed for a fourth or subsequent violation of
8subsection (c) of Section 6-303 of the Illinois Vehicle Code.
9    (4.7) A minimum term of imprisonment of not less than 30
10consecutive days, or 300 hours of community service, shall be
11imposed for a violation of subsection (a-5) of Section 6-303 of
12the Illinois Vehicle Code, as provided in subsection (b-5) of
13that Section.
14    (4.8) A mandatory prison sentence shall be imposed for a
15second violation of subsection (a-5) of Section 6-303 of the
16Illinois Vehicle Code, as provided in subsection (c-5) of that
17Section. The person's driving privileges shall be revoked for a
18period of not less than 5 years from the date of his or her
19release from prison.
20    (4.9) A mandatory prison sentence of not less than 4 and
21not more than 15 years shall be imposed for a third violation
22of subsection (a-5) of Section 6-303 of the Illinois Vehicle
23Code, as provided in subsection (d-2.5) of that Section. The
24person's driving privileges shall be revoked for the remainder
25of his or her life.
26    (4.10) A mandatory prison sentence for a Class 1 felony

 

 

10000SB1328ham001- 210 -LRB100 08307 MRW 26652 a

1shall be imposed, and the person shall be eligible for an
2extended term sentence, for a fourth or subsequent violation of
3subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
4as provided in subsection (d-3.5) of that Section. The person's
5driving privileges shall be revoked for the remainder of his or
6her life.
7    (5) The court may sentence a corporation or unincorporated
8association convicted of any offense to:
9        (A) a period of conditional discharge;
10        (B) a fine;
11        (C) make restitution to the victim under Section 5-5-6
12    of this Code.
13    (5.1) In addition to any other penalties imposed, and
14except as provided in paragraph (5.2) or (5.3), a person
15convicted of violating subsection (c) of Section 11-907 of the
16Illinois Vehicle Code shall have his or her driver's license,
17permit, or privileges suspended for at least 90 days but not
18more than one year, if the violation resulted in damage to the
19property of another person.
20    (5.2) In addition to any other penalties imposed, and
21except as provided in paragraph (5.3), a person convicted of
22violating subsection (c) of Section 11-907 of the Illinois
23Vehicle Code shall have his or her driver's license, permit, or
24privileges suspended for at least 180 days but not more than 2
25years, if the violation resulted in injury to another person.
26    (5.3) In addition to any other penalties imposed, a person

 

 

10000SB1328ham001- 211 -LRB100 08307 MRW 26652 a

1convicted of violating subsection (c) of Section 11-907 of the
2Illinois Vehicle Code shall have his or her driver's license,
3permit, or privileges suspended for 2 years, if the violation
4resulted in the death of another person.
5    (5.4) In addition to any other penalties imposed, a person
6convicted of violating Section 3-707 of the Illinois Vehicle
7Code shall have his or her driver's license, permit, or
8privileges suspended for 3 months and until he or she has paid
9a reinstatement fee of $100.
10    (5.5) In addition to any other penalties imposed, a person
11convicted of violating Section 3-707 of the Illinois Vehicle
12Code during a period in which his or her driver's license,
13permit, or privileges were suspended for a previous violation
14of that Section shall have his or her driver's license, permit,
15or privileges suspended for an additional 6 months after the
16expiration of the original 3-month suspension and until he or
17she has paid a reinstatement fee of $100.
18    (6) (Blank).
19    (7) (Blank).
20    (8) (Blank).
21    (9) A defendant convicted of a second or subsequent offense
22of ritualized abuse of a child may be sentenced to a term of
23natural life imprisonment.
24    (10) (Blank).
25    (11) The court shall impose a minimum fine of $1,000 for a
26first offense and $2,000 for a second or subsequent offense

 

 

10000SB1328ham001- 212 -LRB100 08307 MRW 26652 a

1upon a person convicted of or placed on supervision for battery
2when the individual harmed was a sports official or coach at
3any level of competition and the act causing harm to the sports
4official or coach occurred within an athletic facility or
5within the immediate vicinity of the athletic facility at which
6the sports official or coach was an active participant of the
7athletic contest held at the athletic facility. For the
8purposes of this paragraph (11), "sports official" means a
9person at an athletic contest who enforces the rules of the
10contest, such as an umpire or referee; "athletic facility"
11means an indoor or outdoor playing field or recreational area
12where sports activities are conducted; and "coach" means a
13person recognized as a coach by the sanctioning authority that
14conducted the sporting event.
15    (12) A person may not receive a disposition of court
16supervision for a violation of Section 5-16 of the Boat
17Registration and Safety Act if that person has previously
18received a disposition of court supervision for a violation of
19that Section.
20    (13) A person convicted of or placed on court supervision
21for an assault or aggravated assault when the victim and the
22offender are family or household members as defined in Section
23103 of the Illinois Domestic Violence Act of 1986 or convicted
24of domestic battery or aggravated domestic battery may be
25required to attend a Partner Abuse Intervention Program under
26protocols set forth by the Illinois Department of Human

 

 

10000SB1328ham001- 213 -LRB100 08307 MRW 26652 a

1Services under such terms and conditions imposed by the court.
2The costs of such classes shall be paid by the offender.
3    (d) In any case in which a sentence originally imposed is
4vacated, the case shall be remanded to the trial court. The
5trial court shall hold a hearing under Section 5-4-1 of the
6Unified Code of Corrections which may include evidence of the
7defendant's life, moral character and occupation during the
8time since the original sentence was passed. The trial court
9shall then impose sentence upon the defendant. The trial court
10may impose any sentence which could have been imposed at the
11original trial subject to Section 5-5-4 of the Unified Code of
12Corrections. If a sentence is vacated on appeal or on
13collateral attack due to the failure of the trier of fact at
14trial to determine beyond a reasonable doubt the existence of a
15fact (other than a prior conviction) necessary to increase the
16punishment for the offense beyond the statutory maximum
17otherwise applicable, either the defendant may be re-sentenced
18to a term within the range otherwise provided or, if the State
19files notice of its intention to again seek the extended
20sentence, the defendant shall be afforded a new trial.
21    (e) In cases where prosecution for aggravated criminal
22sexual abuse under Section 11-1.60 or 12-16 of the Criminal
23Code of 1961 or the Criminal Code of 2012 results in conviction
24of a defendant who was a family member of the victim at the
25time of the commission of the offense, the court shall consider
26the safety and welfare of the victim and may impose a sentence

 

 

10000SB1328ham001- 214 -LRB100 08307 MRW 26652 a

1of probation only where:
2        (1) the court finds (A) or (B) or both are appropriate:
3            (A) the defendant is willing to undergo a court
4        approved counseling program for a minimum duration of 2
5        years; or
6            (B) the defendant is willing to participate in a
7        court approved plan including but not limited to the
8        defendant's:
9                (i) removal from the household;
10                (ii) restricted contact with the victim;
11                (iii) continued financial support of the
12            family;
13                (iv) restitution for harm done to the victim;
14            and
15                (v) compliance with any other measures that
16            the court may deem appropriate; and
17        (2) the court orders the defendant to pay for the
18    victim's counseling services, to the extent that the court
19    finds, after considering the defendant's income and
20    assets, that the defendant is financially capable of paying
21    for such services, if the victim was under 18 years of age
22    at the time the offense was committed and requires
23    counseling as a result of the offense.
24    Probation may be revoked or modified pursuant to Section
255-6-4; except where the court determines at the hearing that
26the defendant violated a condition of his or her probation

 

 

10000SB1328ham001- 215 -LRB100 08307 MRW 26652 a

1restricting contact with the victim or other family members or
2commits another offense with the victim or other family
3members, the court shall revoke the defendant's probation and
4impose a term of imprisonment.
5    For the purposes of this Section, "family member" and
6"victim" shall have the meanings ascribed to them in Section
711-0.1 of the Criminal Code of 2012.
8    (f) (Blank).
9    (g) Whenever a defendant is convicted of an offense under
10Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1111-14.3, 11-14.4 except for an offense that involves keeping a
12place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1311-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
1412-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
15Criminal Code of 2012, the defendant shall undergo medical
16testing to determine whether the defendant has any sexually
17transmissible disease, including a test for infection with
18human immunodeficiency virus (HIV) or any other identified
19causative agent of acquired immunodeficiency syndrome (AIDS).
20Any such medical test shall be performed only by appropriately
21licensed medical practitioners and may include an analysis of
22any bodily fluids as well as an examination of the defendant's
23person. Except as otherwise provided by law, the results of
24such test shall be kept strictly confidential by all medical
25personnel involved in the testing and must be personally
26delivered in a sealed envelope to the judge of the court in

 

 

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