100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2590

 

Introduced 2/7/2018, by Sen. John G. Mulroe

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Criminal and Traffic Assessment Act. Provides a minimum fine is $25. Provides when any defendant is convicted, pleads guilty, or placed on court supervision for a violation of a law or local ordinance, the court shall order one schedule of assessments in the case plus any conditional assessment applicable to a conviction in the case, as set forth in the Act, for the defendant to pay in addition to any fine, restitution, or forfeiture ordered by the court. Provides all money collected by the clerk of the court based on the schedules or conditional assessments shall be remitted to the appropriate treasurer as directed in the Act. Provides the treasurers shall deposit the money as indicated in the ordered schedule or conditional assessment. Amends the Code of Criminal Procedure of 1963. Provides that a defendant may petition the court for full or partial waiver of court assessments imposed under the Criminal and Traffic Assessment Act. Provides the court shall grant a full or partial waiver of court assessments if specified conditions are met. Makes corresponding and conforming changes to various Acts and Codes. Repeals various laws. Effective July 1, 2019, except for certain provisions that are effective July 1, 2018.


LRB100 17152 MRW 32306 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2590LRB100 17152 MRW 32306 b

1    AN ACT concerning fees, fines, and assessments.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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
16indictment, information, or complaint when the indictment,
17information, or complaint alleges the commission of more than
18one offense.
19    "Conservation offense" means any violation of the
20following Acts, Codes, or ordinances, except any offense
21punishable upon conviction by imprisonment in the
22penitentiary:

 

 

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1        (1) Fish and Aquatic Life Code;
2        (2) Wildlife Code;
3        (3) Boat Registration and Safety Act;
4        (4) Park District Code;
5        (5) Chicago Park District Act;
6        (6) State Parks Act;
7        (7) State Forest Act;
8        (8) Forest Fire Protection District Act;
9        (9) Snowmobile Registration and Safety Act;
10        (10) Endangered Species Protection Act;
11        (11) Forest Products Transportation Act;
12        (12) Timber Buyers Licensing Act;
13        (13) Downstate Forest Preserve District Act;
14        (14) Exotic Weed Act;
15        (15) Ginseng Harvesting Act;
16        (16) Cave Protection Act;
17        (17) ordinances adopted under the Counties Code for the
18    acquisition of property for parks or recreational areas;
19        (18) Recreational Trails of Illinois Act;
20        (19) Herptiles-Herps Act; or
21        (20) any rule, regulation, proclamation, or ordinance
22    adopted under any Code or Act named in paragraphs (1)
23    through (19) of this definition.
24    "Conviction" means a judgment of conviction or sentence
25entered upon a plea of guilty or upon a verdict or finding of
26guilty of an offense, rendered by a legally constituted jury or

 

 

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1by a court of competent jurisdiction authorized to try the case
2without a jury.
3    "Drug offense" means any violation of the Cannabis Control
4Act, the Illinois Controlled Substances Act, the
5Methamphetamine Control and Community Protection Act, or any
6similar local ordinance which involves the possession or
7delivery of a drug.
8    "Drug-related emergency response" means the act of
9collecting evidence from or securing a site where controlled
10substances were manufactured, or where by-products from the
11manufacture of controlled substances are present, and cleaning
12up the site, whether these actions are performed by public
13entities or private contractors paid by public entities.
14    "Electronic citation" means the process of transmitting
15traffic, misdemeanor, municipal ordinance, conservation, or
16other citations and law enforcement data via electronic means
17to a circuit court clerk.
18    "Emergency response" means any incident requiring a
19response by a police officer, an ambulance, a firefighter
20carried on the rolls of a regularly constituted fire department
21or fire protection district, a firefighter of a volunteer fire
22department, or a member of a recognized not-for-profit rescue
23or emergency medical service provider. "Emergency response"
24does not include a drug-related emergency response.
25    "Felony offense" means an offense for which a sentence to a
26term of imprisonment in a penitentiary for one year or more is

 

 

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1provided.
2    "Highest classified offense" means the offense in the case
3which carries the most severe potential disposition under
4Article 4.5 of the Unified Code of Corrections.
5    "Major traffic offense" means a traffic offense under the
6Illinois Vehicle Code or a similar provision of a local
7ordinance other than a petty offense or business offense.
8    "Minor traffic offense" means a petty offense or business
9offense under the Illinois Vehicle Code or a similar provision
10of a local ordinance.
11    "Misdemeanor offense" means any offense for which a
12sentence to a term of imprisonment in other than a penitentiary
13for less than one year may be imposed.
14    "Petty offense" means any offense for which a sentence of
15imprisonment is not an authorized disposition.
16    "Service provider costs" means costs incurred as a result
17of services provided by an entity including, but not limited
18to, traffic safety programs, laboratories, ambulance
19companies, and fire departments. "Service provider costs"
20includes conditional amounts under this Act that are
21reimbursements for services provided.
22    "Street value" means the amount determined by the court on
23the basis of testimony of law enforcement personnel and the
24defendant as to the amount of drug or materials seized and any
25testimony as may be required by the court as to the current
26street value of the cannabis, controlled substance,

 

 

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1methamphetamine or salt of an optical isomer of
2methamphetamine, or methamphetamine manufacturing materials
3seized.
4    "Supervision" means a disposition of conditional and
5revocable release without probationary supervision, but under
6the conditions and reporting requirements as are imposed by the
7court, at the successful conclusion of which disposition the
8defendant is discharged and a judgment dismissing the charges
9is entered.
 
10
Article 5. Assessment Procedures

 
11    Section 5-5. Minimum fine. Unless otherwise specified by
12law, the minimum fine for a conviction is $25. If the court
13finds that the fine would impose an undue burden on the victim,
14the court may reduce or waive the fine.
 
15    Section 5-10. Schedules; payment.
16    (a) In each case, the court shall order an assessment, as
17set forth in this Act, for a defendant to pay in addition to
18any fine, restitution, or forfeiture ordered by the court when
19the defendant is convicted of, pleads guilty to, or is placed
20on court supervision for a violation of a statute of this State
21or a similar local ordinance. The court may order a fine,
22restitution, or forfeiture on any violation that is being
23sentenced but shall order only one assessment from the Schedule

 

 

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1of Assessments 1 through 13 of this Act for all sentenced
2violations in a case, that being the schedule applicable to the
3highest classified offense violation that is being sentenced,
4plus any conditional assessments under Section 15-70 of this
5Act applicable to any sentenced violation in the case.
6    (b) If the court finds that the schedule of assessments
7will cause an undue burden on any victim in a case or if the
8court orders community service or some other punishment in
9place of the applicable schedule of assessments, the court may
10reduce the amount set forth in the applicable schedule of
11assessments or not order the applicable schedule of
12assessments. If the court reduces the amount set forth in the
13applicable schedule of assessments, then all recipients of the
14funds collected will receive a prorated amount to reflect the
15reduction.
16    (c) The court may order the assessments to be paid
17forthwith or within a specified period of time or in
18installments.
19    (c-3) Excluding any ordered conditional assessment, if the
20assessment is not paid within the period of probation,
21conditional discharge, or supervision to which the defendant
22was originally sentenced, the court may extend the period of
23probation, conditional discharge, or supervision under Section
245-6-2 or 5-6-3.1 of the Unified Code of Corrections, as
25applicable, until the assessment is paid or until successful
26completion of public or community service set forth in

 

 

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

 

 

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1    (d) Except as provided in Section 5-15 of this Act, the
2defendant shall pay to the clerk of the court and the clerk
3shall remit the assessment to the appropriate entity as set
4forth in the ordered schedule of assessments within one month
5of its receipt.
 
6    Section 5-15. Service provider costs. Unless otherwise
7provided in Article 15 of this Act, the defendant shall pay
8service provider costs to the entity that provided the service.
9Service provider costs are not eligible for credit for time
10served, substitution of community service, or waiver. The
11circuit court may, through administrative order or local rule,
12appoint the clerk of the court as the receiver and remitter of
13certain service provider costs, which may include, but are not
14limited to, probation fees, traffic school fees, or drug or
15alcohol testing fees.
 
16    Section 5-20. Credit; time served; community service.
17    (a) Any credit for time served prior to sentencing that
18reduces the amount a defendant is required to pay shall be
19deducted first from the fine, if any, ordered by the court. Any
20remainder of the credit shall be equally divided between the
21assessments indicated in the ordered schedule and conditional
22assessments.
23    (b) Excluding any ordered conditional assessment, a
24defendant who has been ordered to pay an assessment may

 

 

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1petition the court to convert all or part of the assessment
2into court-approved public or community service. One hour of
3public or community service shall be equivalent to $4 of
4assessment. The performance of this public or community service
5shall be a condition of probation, conditional discharge, or
6supervision and shall be in addition to the performance of any
7other period of public or community service ordered by the
8court or required by law.
 
9
Article 10. Funds

 
10    Section 10-5. Funds.
11    (a) All money collected by the Clerk of the Circuit Court
12under Article 15 of this Act shall be remitted as directed in
13Article 15 of this Act to the county treasurer, to the State
14Treasurer, and to the treasurers of the units of local
15government. If an amount payable to any of the treasurers is
16less than $10, the clerk may postpone remitting the money until
17$10 has accrued or by the end of fiscal year. The treasurers
18shall deposit the money as indicated in the schedules, except
19in a county with a population of over 3,000,000 monies remitted
20to the county treasurer shall be subject to appropriation by
21the county board. Any amount retained by the Clerk of the
22Circuit Court in a county with population of over 3,000,000
23shall be subject to appropriation by the county board. For
24Schedule of Assessments 5 through 11, $15 shall be deducted

 

 

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

 

 

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

 

 

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

 

 

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1        (6) The DUI Fund shall be used for enforcement and
2    prevention of driving while under the influence of alcohol,
3    other drug or drugs, intoxicating compound or compounds or
4    any combination thereof, as defined by Section 11-501 of
5    the Illinois Vehicle Code, including, but not limited to,
6    the purchase of law enforcement equipment and commodities
7    that will assist in the prevention of alcohol-related
8    criminal violence throughout the State; police officer
9    training and education in areas related to alcohol related
10    crime, including, but not limited to, DUI training; and
11    police officer salaries, including, but not limited to,
12    salaries for hire back funding for safety checkpoints,
13    saturation patrols, and liquor store sting operations. Any
14    moneys received by the Department of State Police shall be
15    deposited into the State Police Operations Assistance Fund
16    and those moneys and moneys in the State Police DUI Fund
17    shall be used to purchase law enforcement equipment that
18    will assist in the prevention of alcohol related criminal
19    violence throughout the State. The money shall be remitted
20    monthly by the clerk to the State or local treasurer for
21    deposit as provided by law.
22        (7) The Trauma Center Fund shall be distributed as
23    provided under Section 3.225 of the Emergency Medical
24    Services (EMS) Systems Act.
25        (8) The Probation and Court Services Fund is to be
26    expended as described in Section 15.1 of the Probation and

 

 

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

 

 

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

 

 

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1    the purchase and operation of vehicles and equipment.
2        (16) In each county in which Court Appointed Special
3    Advocates provide services, a Child Advocacy Center Fund,
4    specifically for the operations of the Court Appointed
5    Special Advocates, from which the county board shall make
6    grants to support the activities and services of the Court
7    Appointed Special Advocates within that county. The term
8    "Court Appointed Special Advocates" is copyrighted and is
9    used with permission of the holder of the copyright.
 
10
Article 15. Assessment Schedules

 
11    Section 15-5. SCHEDULE 1; generic felony offenses.
12SCHEDULE 1: Unless assessments are imposed by the court under
13another schedule of this Act, for a felony offense, the Clerk
14of the Circuit Court shall collect $464 and remit as follows:
15    (1) As the county's portion, $304 to the county treasurer,
16who shall deposit the money as follows:
17        (A) $20 into the Court Automation Fund;
18        (B) $20 into the Court Document Storage Fund;
19        (C) $5 into the Circuit Court Clerk Operation and
20    Administrative Fund;
21        (D) $225 into the county's General Fund;
22        (E) $10 into the Child Advocacy Center Fund;
23        (F) $2 into the State's Attorney Records Automation
24    Fund;

 

 

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1        (G) $2 into the Public Defender Records Automation
2    Fund;
3        (H) $10 into the County Jail Medical Costs Fund; and
4        (I) $10 into the Probation and Court Services Fund.
5    (2) As the State's portion, $160 to the State Treasurer,
6who shall deposit the money as follows:
7        (A) $40 into the State Police Operations Assistance
8    Fund;
9        (B) $100 into the Violent Crime Victims Assistance
10    Fund;
11        (C) $5 into the State Police Merit Board Public Safety
12    Fund; and
13        (D) $15 into the Traffic and Criminal Conviction
14    Surcharge Fund.
 
15    Section 15-10. SCHEDULE 2; felony DUI offenses. SCHEDULE 2:
16For a felony under Section 11-501 of the Illinois Vehicle Code,
17Section 5-7 of the Snowmobile Registration and Safety Act,
18Section 5-16 of the Boat Registration and Safety Act, or a
19similar provision of a local ordinance, the Clerk of the
20Circuit Court shall collect $1,609 and remit as follows:
21    (1) As the county's portion, $304 to the county treasurer,
22who shall deposit the money as follows:
23        (A) $20 into the Court Automation Fund;
24        (B) $20 into the Court Document Storage Fund;
25        (C) $5 into the Circuit Court Clerk Operation and

 

 

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1    Administrative Fund;
2        (D) $225 into the county's General Fund;
3        (E) $10 into the Child Advocacy Center Fund;
4        (F) $2 into the State's Attorney Records Automation
5    Fund;
6        (G) $2 into the Public Defender Records Automation
7    Fund;
8        (H) $10 into the County Jail Medical Costs Fund; and
9        (I) $10 into the Probation and Court Services Fund.
10    (2) As the State's portion, $1,105 to the State Treasurer,
11who shall deposit the money as follows:
12        (A) $730 into the State Police Operations Assistance
13    Fund;
14        (B) $100 into the Violent Crime Victims Assistance
15    Fund;
16        (C) $5 into the Drivers Education Fund;
17        (D) $100 into the Trauma Center Fund;
18        (E) $5 into the Spinal Cord Injury Paralysis Cure
19    Research Trust Fund;
20        (F) $5 into the State Police Merit Board Public Safety
21    Fund;
22        (G) $155 into the Traffic and Criminal Conviction
23    Surcharge Fund; and
24        (H) $5 into the Law Enforcement Camera Grant Fund.
25    (3) As the arresting agency's portion, $200 to the
26treasurer of the unit of local government of the arresting

 

 

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

 

 

SB2590- 20 -LRB100 17152 MRW 32306 b

1    (2) As the State's portion, $1,831 to the State Treasurer,
2who shall deposit the money as follows:
3        (A) $40 into the State Police Operations Assistance
4    Fund;
5        (B) $100 into the Violent Crime Victims Assistance
6    Fund;
7        (C) $100 into the Trauma Center Fund; and
8        (D) $5 into the Spinal Cord Injury Paralysis Cure
9    Research Trust Fund;
10        (E) $1,500 into the Drug Treatment Fund;
11        (F) $5 into the State Police Merit Board Public Safety
12    Fund;
13        (G) $38 into the Prescription Pill and Drug Disposal
14    Fund;
15        (H) $28 into the Criminal Justice Information Projects
16    Fund; and
17        (I) $15 into the Traffic and Criminal Conviction
18    Surcharge Fund.
 
19    Section 15-20. SCHEDULE 4; felony sex offenses. SCHEDULE 4:
20For a felony or attempted felony under Article 11 or Section
2112-33 of the Criminal Code of 2012, the Clerk of the Circuit
22Court shall collect $1,244 and remit as follows:
23    (1) As the county's portion, $304 to the county treasurer,
24who shall deposit the money as follows:
25        (A) $20 into the Court Automation Fund;

 

 

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1        (B) $20 into the Court Document Storage Fund;
2        (C) $5 into the Circuit Court Clerk Operation and
3    Administrative Fund;
4        (D) $225 into the county's General Fund;
5        (E) $10 into the Child Advocacy Center Fund;
6        (F) $2 into the State's Attorney Records Automation
7    Fund;
8        (G) $2 into the Public Defender Records Automation
9    Fund;
10        (H) $10 into the County Jail Medical Costs Fund; and
11        (I) $10 into the Probation and Court Services Fund.
12    (2) As the State's portion, $940 to the State Treasurer,
13who shall deposit the money as follows:
14        (A) $520 into the State Police Operations Assistance
15    Fund;
16        (B) $100 into the Violent Crime Victims Assistance
17    Fund;
18        (C) $200 into the Sexual Assault Services Fund;
19        (D) $100 into the Domestic Violence Shelter and
20    Services Fund;
21        (E) $5 into the State Police Merit Board Public Safety
22    Fund; and
23        (F) $15 into the Traffic and Criminal Conviction
24    Surcharge Fund.
 
25    Section 15-25. SCHEDULE 5; generic misdemeanor offenses.

 

 

SB2590- 22 -LRB100 17152 MRW 32306 b

1SCHEDULE 5: Unless assessments are imposed under another
2schedule of this Act, for a misdemeanor offense, the Clerk of
3the Circuit Court shall collect $405 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, $160 to the State Treasurer,
17who shall deposit the money as follows:
18        (A) $40 into the State Police Operations Assistance
19    Fund;
20        (B) $5 into the State Police Merit Board Public Safety
21    Fund;
22        (C) $100 into the Violent Crime Victims Assistance
23    Fund; and
24        (D) $15 into the Traffic and Criminal Conviction
25    Surcharge Fund.
26    (3) As the arresting agency's portion, $2, to the treasurer

 

 

SB2590- 23 -LRB100 17152 MRW 32306 b

1of the unit of local government of the arresting agency, who
2shall deposit the money into the E-citation Fund of that unit
3of local government or as provided in subsection (c) of Section
410-5 of this Act if the arresting agency is a State agency,
5unless more than one agency is responsible for the arrest in
6which case the amount shall be remitted to each unit of
7government equally.
 
8    Section 15-30. SCHEDULE 6; misdemeanor DUI offenses.
9SCHEDULE 6: For a misdemeanor under Section 11-501 of the
10Illinois Vehicle Code, Section 5-7 of the Snowmobile
11Registration and Safety Act, Section 5-16 of the Boat
12Registration and Safety Act, or a similar provision of a local
13ordinance, the Clerk of the Circuit Court shall collect $1,306
14and remit as follows:
15    (1) As the county's portion, $243 to the county treasurer,
16who shall deposit the money as follows:
17        (A) $20 into the Court Automation Fund;
18        (B) $20 into the Court Document Storage Fund;
19        (C) $5 into the Circuit Court Clerk Operation and
20    Administrative Fund;
21        (D) $8 into the Circuit Court Clerk Electronic Citation
22    Fund;
23        (E) $160 into the county's General Fund;
24        (F) $10 into the Child Advocacy Center Fund;
25        (G) $10 into the County Jail Medical Costs Fund; and

 

 

SB2590- 24 -LRB100 17152 MRW 32306 b

1        (H) $10 into the Probation and Court Services Fund.
2    (2) As the State's portion, $711 to the State Treasurer,
3who shall deposit the money as follows:
4        (A) $315 into the State Police Operations Assistance
5    Fund;
6        (B) $100 into the Violent Crime Victims Assistance
7    Fund;
8        (C) $5 into the Drivers Education Fund;
9        (D) $5 into the State Police Merit Board Public Safety
10    Fund;
11        (E) $100 into the Trauma Center Fund;
12        (F) $5 into the Spinal Cord Injury Paralysis Cure
13    Research Trust Fund;
14        (G) $21 into the Fire Prevention Fund;
15        (H) $155 into the Traffic and Criminal Conviction
16    Surcharge Fund; and
17        (I) $5 into the Law Enforcement Camera Grant Fund.
18    (3) As the arresting agency's portion, $352 as follows,
19unless more than one agency is responsible for the arrest in
20which case the amount shall be remitted to each unit of
21government equally:
22        (A) if the arresting agency is a local agency to the
23    treasurer of the unit of local government of the arresting
24    agency, who shall deposit the money as follows:
25            (i) $2 into the E-citation Fund of the unit of
26        local government; and

 

 

SB2590- 25 -LRB100 17152 MRW 32306 b

1            (ii) $350 into the DUI Fund of the unit of local
2        government; or
3        (B) as provided in subsection (c) of Section 10-5 of
4    this Act if the arresting agency is a State agency.
 
5    Section 15-35. SCHEDULE 7; misdemeanor drug offenses.
6SCHEDULE 7: For a misdemeanor under the Illinois Controlled
7Substances Act, the Cannabis Control Act, or the
8Methamphetamine Control and Community Protection Act, the
9Clerk of the Circuit Court shall collect $876 and remit as
10follows:
11    (1) As the county's portion, $243 to the county treasurer,
12who shall deposit the money as follows:
13        (A) $20 into the Court Automation Fund;
14        (B) $20 into the Court Document Storage Fund;
15        (C) $5 into the Circuit Court Clerk Operation and
16    Administrative Fund;
17        (D) $8 into the Circuit Court Clerk Electronic Citation
18    Fund;
19        (E) $160 into the county's General Fund;
20        (F) $10 into the Child Advocacy Center Fund;
21        (G) $10 into the County Jail Medical Costs Fund; and
22        (H) $10 into the Probation and Court Services Fund.
23    (2) As the State's portion, $631 to the State Treasurer,
24who shall deposit the money as follows:
25        (A) $40 into the State Police Operations Assistance

 

 

SB2590- 26 -LRB100 17152 MRW 32306 b

1    Fund;
2        (B) $100 into the Violent Crime Victims Assistance
3    Fund;
4        (C) $100 into the Trauma Center Fund;
5        (D) $5 into the Spinal Cord Injury Paralysis Cure
6    Research Trust Fund;
7        (E) $300 into the Drug Treatment Fund;
8        (F) $38 into the Prescription Pill and Drug Disposal
9    Fund;
10        (G) $28 into the Criminal Justice Information Projects
11    Fund;
12        (H) $5 into the State Police Merit Board Public Safety
13    Fund; and
14        (I) $15 into the Traffic and Criminal Conviction
15    Surcharge Fund.
16    (3) As the arresting agency's portion, $2, to the treasurer
17of the unit of local government of the arresting agency, who
18shall deposit the money into the E-citation Fund of that unit
19of local government or as provided in subsection (c) of Section
2010-5 of this Act if the arresting agency is a State agency,
21unless more than one agency is responsible for the arrest in
22which case the amount shall be remitted to each unit of
23government equally.
 
24    Section 15-40. SCHEDULE 8; misdemeanor sex offenses.
25SCHEDULE 8: For a misdemeanor or attempted misdemeanor under

 

 

SB2590- 27 -LRB100 17152 MRW 32306 b

1Article 11 of the Criminal Code of 2012, the Clerk of the
2Circuit Court shall collect $1,165 and remit as follows:
3    (1) As the county's portion, $243 to the county treasurer,
4who shall deposit the money as follows:
5        (A) $20 into the Court Automation Fund;
6        (B) $20 into the Court Document Storage Fund;
7        (C) $5 into the Circuit Court Clerk Operation and
8    Administrative Fund;
9        (D) $8 into the Circuit Court Clerk Electronic Citation
10    Fund;
11        (E) $160 into the county's General Fund;
12        (F) $10 into the Child Advocacy Center Fund;
13        (G) $10 into the County Jail Medical Costs Fund; and
14        (H) $10 into the Probation and Court Services Fund.
15    (2) As the State's portion, $920 to the State Treasurer,
16who shall deposit the money as follows:
17        (A) $500 into the State Police Operations Assistance
18    Fund;
19        (B) $100 into the Violent Crime Victims Assistance
20    Fund;
21        (C) $200 into the Sexual Assault Services Fund;
22        (D) $100 into the Domestic Violence Shelter and Service
23    Fund;
24        (E) $5 into the State Police Merit Board Public Safety
25    Fund; and
26        (F) $15 into the Traffic and Criminal Conviction

 

 

SB2590- 28 -LRB100 17152 MRW 32306 b

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 15-45. SCHEDULE 9; major traffic offenses.
11SCHEDULE 9: For a major traffic offense, the Clerk of the
12Circuit Court shall collect $311 plus, if applicable, the
13amount established under paragraph (1.5) of this Section and
14remit as follows:
15    (1) As the county's portion, $198 to the county treasurer,
16who shall deposit the money as follows:
17        (A) $20 into the Court Automation Fund;
18        (B) $20 into the Court Document Storage Fund;
19        (C) $5 into the Circuit Court Clerk Operation and
20    Administrative Fund;
21        (D) $8 into the Circuit Court Clerk Electronic Citation
22    Fund; and
23        (E) $145 into the county's General Fund.
24    (1.5) In a county with a population of 3,000,000 or more,
25the county board may by ordinance or resolution establish an

 

 

SB2590- 29 -LRB100 17152 MRW 32306 b

1additional assessment not to exceed $14 to be remitted to the
2county treasurer of which $5 shall be deposited into the Court
3Automation Fund, $5 shall be deposited into the Court Document
4Storage Fund, and the remainder shall be used for purposes
5related to the operation of the court system.
6    (2) As the State's portion, $111 to the State Treasurer,
7who shall deposit the money as follows:
8        (A) $20 into the State Police Operations Assistance
9    Fund;
10        (B) $5 into the Drivers Education Fund;
11        (C) $5 into the State Police Merit Board Public Safety
12    Fund;
13        (D) $21 into the Fire Prevention Fund;
14        (E) $10 into the Violent Crime Victims Assistance Fund;
15    and
16        (F) $50 into the Traffic and Criminal Conviction
17    Surcharge 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.
 

 

 

SB2590- 30 -LRB100 17152 MRW 32306 b

1    Section 15-50. SCHEDULE 10; minor traffic offenses.
2SCHEDULE 10: For a minor traffic offense, the Clerk of the
3Circuit Court shall collect $171 plus, if applicable, the
4amount established under paragraph (1.5) of this Section and
5remit 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    (1.5) In a county with a population of 3,000,000 or more,
16the county board may by ordinance or resolution establish an
17additional assessment not to exceed $14 to be remitted to the
18county treasurer of which $5 shall be deposited into the Court
19Automation Fund, $5 shall be deposited into the Court Document
20Storage Fund, and the remainder shall be used for purposes
21related to the operation of the court system.
22    (2) As the State's portion, $46 to the State Treasurer, who
23shall deposit the money as follows:
24        (A) $10 into the State Police Operations Assistance
25    Fund;
26        (B) $5 into the State Police Merit Board Public Safety

 

 

SB2590- 31 -LRB100 17152 MRW 32306 b

1    Fund;
2        (C) $5 into the Drivers Education Fund;
3        (D) $1 into the Fire Prevention Fund;
4        (E) $15 into the Traffic and Criminal Conviction
5    Surcharge Fund;
6        (F) $5 into the Violent Crime Victims Assistance Fund;
7    and
8        (G) $5 into the Law Enforcement Camera Grant Fund.
9    (3) As the arresting agency's portion, $2, to the treasurer
10of the unit of local government of the arresting agency, who
11shall deposit the money into the E-citation Fund of that unit
12of local government or as provided in subsection (c) of Section
1310-5 of this Act if the arresting agency is a State agency,
14unless more than one agency is responsible for the arrest in
15which case the amount shall be remitted to each unit of
16government equally.
 
17    Section 15-55. SCHEDULE 11; conservation offenses.
18SCHEDULE 11: For a conservation offense, the Clerk of the
19Circuit Court shall collect $140 and remit as follows:
20    (1) As the county's portion, $123, to the county treasurer,
21who shall deposit the money as follows:
22        (A) $20 into the Court Automation Fund;
23        (B) $20 into the Court Document Storage Fund;
24        (C) $5 into the Circuit Court Clerk Operation and
25    Administrative Fund;

 

 

SB2590- 32 -LRB100 17152 MRW 32306 b

1        (D) $8 into the Circuit Court Clerk Electronic Citation
2    Fund; and
3        (E) $70 into the county's General Fund.
4    (2) As the State's portion, $15, to the State Treasurer,
5who shall deposit the money into the Conservation Police
6Operations Assistance Fund.
7    (3) As the arresting agency's portion, $2, to the treasurer
8of the unit of local government of the arresting agency, who
9shall deposit the money into the E-citation Fund of that unit
10of local government or as provided in subsection (c) of Section
1110-5 of this Act if the arresting agency is a State agency,
12unless more than one agency is responsible for the arrest in
13which case the amount shall be remitted to each unit of
14government equally.
 
15    Section 15-60. SCHEDULE 12; dispositions under Supreme
16Court Rule 529. SCHEDULE 12: For a disposition under Supreme
17Court Rule 529, the Clerk of the Circuit Court shall collect
18$160 and remit as follows:
19    (1) As the county's portion, $83, to the county treasurer,
20who shall deposit the money as follows:
21        (A) $20 into the Court Automation Fund;
22        (B) $20 into the Court Document Storage Fund;
23        (C) $5 into the Circuit Court Clerk Operation and
24    Administrative Fund;
25        (D) $8 into the Circuit Court Clerk Electronic Citation

 

 

SB2590- 33 -LRB100 17152 MRW 32306 b

1    Fund; and
2        (E) $30 into the county's General Fund.
3    (2) As the State's portion, $56 to the State Treasurer, who
4shall deposit the money as follows:
5        (A) $10 into the State Police Operations Assistance
6    Fund;
7        (B) $5 into the Drivers Education Fund;
8        (C) $8 into the State Police Merit Board Public Safety
9    Fund;
10        (D) $21 into the Traffic and Criminal Conviction
11    Surcharge Fund;
12        (E) $7 into the Violent Crime Victims Assistance Fund;
13    and
14        (F) $5 into the Law Enforcement Camera Grant Fund.
15    (3) As the arresting agency's portion, $21 as follows,
16unless more than one agency is responsible for the arrest in
17which case the amount shall be remitted to each unit of
18government equally:
19        (A) if the arresting agency is a local agency to the
20    treasurer of the unit of local government of the arresting
21    agency, who shall deposit the money as follows:
22            (i) $2 into the E-citation Fund of the unit of
23        local government; and
24            (ii) $19 into the General Fund of the unit of local
25        government; or
26        (B) as provided in subsection (c) of Section 10-5 of

 

 

SB2590- 34 -LRB100 17152 MRW 32306 b

1    this Act if the arresting agency is a State agency.
 
2    Section 15-65. SCHEDULE 13; non-traffic violations.
3SCHEDULE 13: For a petty offense, business offense, or
4non-traffic ordinance violation, the Clerk of the Circuit Court
5shall collect $90 and remit as follows:
6    (1) As the county's portion, $73, 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) $20 into the county's General Fund.
15    (2) As the arresting agency's portion, $17 as follows,
16unless more than one agency is responsible for the arrest in
17which case the amount shall be remitted to each unit of
18government equally:
19        (A) if the arresting agency is a local agency to the
20    treasurer of the unit of local government of the arresting
21    agency, who shall deposit the money as follows:
22            (i) $2 into the E-citation Fund of the unit of
23        local government; and
24            (ii) $15 into the General Fund of the unit of local
25        government; or

 

 

SB2590- 35 -LRB100 17152 MRW 32306 b

1        (B) as provided in subsection (c) of Section 10-5 of
2    this Act if the arresting agency is a State agency.
 
3    Section 15-70. Conditional Assessments.
4    In addition to payments under one of the Schedule of
5Assessments 1 through 13 of this Act, the court shall also
6order payment of any of the following conditional assessment
7amounts for each sentenced violation in the case to which a
8conditional assessment is applicable, which shall be collected
9and remitted by the Clerk of the Circuit Court as provided in
10this Section:
11        (1) arson, residential arson, or aggravated arson,
12    $500 per conviction to the State Treasurer for deposit into
13    the Fire Prevention Fund;
14        (2) child pornography under Section 11-20.1 of the
15    Criminal Code of 1961 or the Criminal Code of 2012, $500
16    per conviction with $5 to the county treasurer for deposit
17    into the Circuit Court Clerk Operation and Administrative
18    Fund and the remainder as follows, unless more than one
19    agency is responsible for the arrest in which case the
20    amount shall be remitted to each unit of government
21    equally:
22            (A) if the arresting agency is an agency of a unit
23        of local government $495 to the treasurer of the unit
24        of local government for deposit into the unit of local
25        government's General Fund, except that if the

 

 

SB2590- 36 -LRB100 17152 MRW 32306 b

1        Department of State Police provides digital or
2        electronic forensic examination assistance, or both,
3        to the arresting agency then $100 to the State
4        Treasurer for deposit into the State Crime Laboratory
5        Fund; or
6            (B) if the arresting agency is the Department of
7        State Police remitted to the State Treasurer for
8        deposit into the State Crime Laboratory Fund;
9        (3) crime laboratory drug analysis for a drug-related
10    offense involving possession or delivery of cannabis or
11    possession or delivery of a controlled substance as defined
12    in the Cannabis Control Act, the Illinois Controlled
13    Substances Act, or the Methamphetamine Control and
14    Community Protection Act, $100 reimbursement for
15    laboratory analysis, as set forth in subsection (f) of
16    Section 5-9-1.4 of the Unified Code of Corrections;
17        (4) DNA analysis, $250 on each conviction in which it
18    was used to the State Treasurer for deposit into the State
19    Offender DNA Identification System Fund;
20        (5) DUI analysis, $150 on each sentenced violation in
21    which it was used as set forth in subsection (f) of Section
22    5-9-1.9 of the Unified Code of Corrections;
23        (6) drug-related offense involving possession or
24    delivery of cannabis or possession or delivery of a
25    controlled substance, other than methamphetamine, as
26    defined in the Cannabis Control Act or the Illinois

 

 

SB2590- 37 -LRB100 17152 MRW 32306 b

1    Controlled Substances Act, an amount not less than the full
2    street value of the cannabis or controlled substance seized
3    for each conviction to the State Treasurer for deposit into
4    the General Revenue Fund;
5        (6.5) Kane County or Will County, in felony,
6    misdemeanor, local or county ordinance, traffic, or
7    conservation cases, up to $30 as set by the county board
8    under Section 5-1101.3 of the Counties Code upon the entry
9    of a judgment of conviction, an order of supervision, or a
10    sentence of probation without entry of judgment under
11    Section 10 of the Cannabis Control Act, Section 410 of the
12    Illinois Controlled Substances Act, Section 70 of the
13    Methamphetamine Control and Community Protection Act,
14    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
15    the Criminal Code of 1961 or the Criminal Code of 2012,
16    Section 10-102 of the Illinois Alcoholism and Other Drug
17    Dependency Act, or Section 10 of the Steroid Control Act;
18    except in local or county ordinance, traffic, and
19    conservation cases, if fines are paid in full without a
20    court appearance, then the assessment shall not be imposed
21    or collected. Distribution of assessments collected under
22    this paragraph (6.5) shall be as provided in Section
23    5-1101.3 of the Counties Code;
24        (7) methamphetamine-related offense involving
25    possession or delivery of methamphetamine or any salt of an
26    optical isomer of methamphetamine or possession of a

 

 

SB2590- 38 -LRB100 17152 MRW 32306 b

1    methamphetamine manufacturing material as set forth in
2    Section 10 of the Methamphetamine Control and Community
3    Protection Act with the intent to manufacture a substance
4    containing methamphetamine or salt of an optical isomer of
5    methamphetamine, an amount not less than the full street
6    value of the methamphetamine or salt of an optical isomer
7    of methamphetamine or methamphetamine manufacturing
8    materials seized for each conviction to the State Treasurer
9    for deposit into the General Revenue Fund;
10        (8) order of protection violation under Section 12-3.4
11    of the Criminal Code of 2012, $200 for each conviction to
12    the county treasurer for deposit into the Probation and
13    Court Services Fund for implementation of a domestic
14    violence surveillance program and any other assessments or
15    fees imposed under Section 5-9-1.16 of the Unified Code of
16    Corrections;
17        (9) order of protection violation, $25 for each
18    violation to the State Treasurer, for deposit into the
19    Domestic Violence Abuser Services Fund;
20        (10) prosecution by the State's Attorney of a:
21            (A) misdemeanor, petty, or business offense, $4 to
22        the county treasurer of which $2 deposited into the
23        State's Attorney Records Automation Fund and $2 into
24        the Public Defender Records Automation Fund;
25            (B) conservation or traffic offense, $2 to the
26        county treasurer for deposit into the State's Attorney

 

 

SB2590- 39 -LRB100 17152 MRW 32306 b

1        Records Automation Fund;
2        (11) speeding in a construction zone violation, $250 to
3    the State Treasurer for deposit into the Transportation
4    Safety Highway Hire-back Fund, unless (i) the violation
5    occurred on a highway other than an interstate highway and
6    (ii) a county police officer wrote the ticket for the
7    violation, in which case to the county treasurer for
8    deposit into that county's Transportation Safety Highway
9    Hire-back Fund;
10        (12) supervision disposition on an offense under the
11    Illinois Vehicle Code or similar provision of a local
12    ordinance, 50 cents, unless waived by the court, into the
13    Prisoner Review Board Vehicle and Equipment Fund;
14        (13) victim and offender are family or household
15    members as defined in Section 103 of the Illinois Domestic
16    Violence Act of 1986 and offender pleads guilty or no
17    contest to or is convicted of murder, voluntary
18    manslaughter, involuntary manslaughter, burglary,
19    residential burglary, criminal trespass to residence,
20    criminal trespass to vehicle, criminal trespass to land,
21    criminal damage to property, telephone harassment,
22    kidnapping, aggravated kidnaping, unlawful restraint,
23    forcible detention, child abduction, indecent solicitation
24    of a child, sexual relations between siblings,
25    exploitation of a child, child pornography, assault,
26    aggravated assault, battery, aggravated battery, heinous

 

 

SB2590- 40 -LRB100 17152 MRW 32306 b

1    battery, aggravated battery of a child, domestic battery,
2    reckless conduct, intimidation, criminal sexual assault,
3    predatory criminal sexual assault of a child, aggravated
4    criminal sexual assault, criminal sexual abuse, aggravated
5    criminal sexual abuse, violation of an order of protection,
6    disorderly conduct, endangering the life or health of a
7    child, child abandonment, contributing to dependency or
8    neglect of child, or cruelty to children and others, $200
9    for each sentenced violation to the State Treasurer for
10    deposit as follows: (i) for sexual assault, as defined in
11    Section 5-9-1.7 of the Unified Code of Corrections, when
12    the offender and victim are family members, one-half to the
13    Domestic Violence Shelter and Service Fund, and one-half to
14    the Sexual Assault Services Fund; (ii) for the remaining
15    offenses to the Domestic Violence Shelter and Service Fund;
16        (14) violation of Section 11-501 of the Illinois
17    Vehicle Code, Section 5-7 of the Snowmobile Registration
18    and Safety Act, Section 5-16 of the Boat Registration and
19    Safety Act, or a similar provision, whose operation of a
20    motor vehicle, snowmobile, or watercraft while in
21    violation of Section 11-501, Section 5-7 of the Snowmobile
22    Registration and Safety Act, Section 5-16 of the Boat
23    Registration and Safety Act, or a similar provision
24    proximately caused an incident resulting in an appropriate
25    emergency response, $1,000 maximum to the public agency
26    that provided an emergency response related to the person's

 

 

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1    violation, and if more than one agency responded, the
2    amount payable to public agencies shall be shared equally;
3        (15) violation of Section 401, 407, or 407.2 of the
4    Illinois Controlled Substances Act that proximately caused
5    any incident resulting in an appropriate drug-related
6    emergency response, $1,000 as reimbursement for the
7    emergency response to the law enforcement agency that made
8    the arrest, and if more than one agency is responsible for
9    the arrest, the amount payable to law enforcement agencies
10    shall be shared equally;
11        (16) violation of reckless driving, aggravated
12    reckless driving, or driving 26 miles per hour or more in
13    excess of the speed limit that triggered an emergency
14    response, $1,000 maximum reimbursement for the emergency
15    response to be distributed in its entirety to a public
16    agency that provided an emergency response related to the
17    person's violation, and if more than one agency responded,
18    the amount payable to public agencies shall be shared
19    equally;
20        (17) violation based upon each plea of guilty,
21    stipulation of facts, or finding of guilt resulting in a
22    judgment of conviction or order of supervision for an
23    offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of
24    the Criminal Code of 2012 that results in the imposition of
25    a fine, to be distributed as follows:
26            (A) $50 to the county treasurer for deposit into

 

 

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1        the Circuit Court Clerk Operation and Administrative
2        Fund to cover the costs in administering this paragraph
3        (17);
4            (B) $300 to the State Treasurer who shall deposit
5        the portion as follows:
6                (i) if the arresting or investigating agency
7            is the Department of State Police, into the State
8            Police Operations Assistance Fund;
9                (ii) if the arresting or investigating agency
10            is the Department of Natural Resources, into the
11            Conservation Police Operations Assistance Fund;
12                (iii) if the arresting or investigating agency
13            is the Secretary of State, into the Secretary of
14            State Police Services Fund;
15                (iv) if the arresting or investigating agency
16            is the Illinois Commerce Commission, into the
17            Public Utility Fund; or
18                (v) if more than one of the State agencies in
19            this subparagraph (B) is the arresting or
20            investigating agency, then equal shares with the
21            shares deposited as provided in the applicable
22            items (i) through (iv) of this subparagraph (B);
23            and
24            (C) the remainder for deposit into the Specialized
25        Services for Survivors of Human Trafficking Fund; and
26        (18) weapons violation under Section 24-1.1, 24-1.2,

 

 

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1    or 24-1.5 of the Criminal Code of 1961 or the Criminal Code
2    of 2012, $100 for each conviction to the State Treasurer
3    for deposit into the Trauma Center Fund.
 
4
Article 20. Repeal

 
5    Section 20-5. Repeal. This Act is repealed on January 1,
62021.
 
7
Article 900. Amendatory Provisions effective July 1, 2018

 
8    Section 900-5. The Unified Code of Corrections is amended
9by changing Sections 5-9-1.1 and 5-9-1.1-5 as follows:
 
10    (730 ILCS 5/5-9-1.1)  (from Ch. 38, par. 1005-9-1.1)
11    (Text of Section from P.A. 94-550, 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, other than
17methamphetamine, as defined in the Cannabis Control Act, as
18amended, or the Illinois Controlled Substances Act, as amended,
19in 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.

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

SB2590- 49 -LRB100 17152 MRW 32306 b

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

 

 

SB2590- 50 -LRB100 17152 MRW 32306 b

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

 

 

SB2590- 51 -LRB100 17152 MRW 32306 b

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

 

 

SB2590- 52 -LRB100 17152 MRW 32306 b

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

 

 

SB2590- 53 -LRB100 17152 MRW 32306 b

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

 

 

SB2590- 54 -LRB100 17152 MRW 32306 b

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

 

 

SB2590- 55 -LRB100 17152 MRW 32306 b

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

 

 

SB2590- 56 -LRB100 17152 MRW 32306 b

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.

 

 

SB2590- 57 -LRB100 17152 MRW 32306 b

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

 

 

SB2590- 58 -LRB100 17152 MRW 32306 b

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

 

 

SB2590- 59 -LRB100 17152 MRW 32306 b

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.)
 

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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,

 

 

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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

 

 

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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.)
 

 

 

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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

 

 

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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:

 

 

SB2590- 72 -LRB100 17152 MRW 32306 b

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,

 

 

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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

 

 

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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 Section
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

 

 

SB2590- 75 -LRB100 17152 MRW 32306 b

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

 

 

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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

 

 

SB2590- 77 -LRB100 17152 MRW 32306 b

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.

 

 

SB2590- 78 -LRB100 17152 MRW 32306 b

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

 

 

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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

 

 

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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 registered nurse, a registered nurse, a
22trained phlebotomist, a licensed paramedic, or a qualified
23person other than a police officer approved by the Department
24of State Police to withdraw blood, who responds, whether at a
25law enforcement 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. 99-289, eff. 8-6-15; 99-296, eff. 1-1-16; 99-642,
15eff. 7-28-16; 100-513, eff. 1-1-18.)
 
16    (625 ILCS 5/11-605)  (from Ch. 95 1/2, par. 11-605)
17    Sec. 11-605. Special speed limit while passing schools.
18    (a) For the purpose of this Section, "school" means the
19following entities:
20        (1) A public or private primary or secondary school.
21        (2) A primary or secondary school operated by a
22    religious institution.
23        (3) A public, private, or religious nursery school.
24    On a school day when school children are present and so
25close thereto that a potential hazard exists because of the

 

 

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

 

 

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

 

 

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1    For purposes of this subsection (f), "school safety
2purposes" includes the costs associated with school zone safety
3education, the Safe Routes to School Program under Section
42705-317 of the Department of Transportation Law of the Civil
5Administrative Code of Illinois, safety programs within the
6School Safety and Educational Improvement Block Grant Program
7under Section 2-3.51.5 of the School Code, and the purchase,
8installation, and maintenance of caution lights which are
9mounted on school speed zone signs.
10    (g) (Blank).
11    (h) (Blank).
12(Source: P.A. 99-212, eff. 1-1-16.)
 
13    (625 ILCS 5/11-605.1)
14    Sec. 11-605.1. Special limit while traveling through a
15highway construction or maintenance speed zone.
16    (a) A person may not operate a motor vehicle in a
17construction or maintenance speed zone at a speed in excess of
18the posted speed limit when workers are present.
19    (a-5) A person may not operate a motor vehicle in a
20construction or maintenance speed zone at a speed in excess of
21the posted speed limit when workers are not present.
22    (b) Nothing in this Chapter prohibits the use of electronic
23speed-detecting devices within 500 feet of signs within a
24construction or maintenance speed zone indicating the zone, as
25defined in this Section, nor shall evidence obtained by use of

 

 

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1those devices be inadmissible in any prosecution for speeding,
2provided the use of the device shall apply only to the
3enforcement of the speed limit in the construction or
4maintenance speed zone.
5    (c) As used in this Section, a "construction or maintenance
6speed zone" is an area in which the Department, Toll Highway
7Authority, or local agency has posted signage advising drivers
8that a construction or maintenance speed zone is being
9approached, or in which the Department, Authority, or local
10agency has posted a lower speed limit with a highway
11construction or maintenance speed zone special speed limit sign
12after determining that the preexisting established speed limit
13through a highway construction or maintenance project is
14greater than is reasonable or safe with respect to the
15conditions expected to exist in the construction or maintenance
16speed zone.
17    If it is determined that the preexisting established speed
18limit is safe with respect to the conditions expected to exist
19in the construction or maintenance speed zone, additional speed
20limit signs which conform to the requirements of this
21subsection (c) shall be posted.
22    Highway construction or maintenance speed zone special
23speed limit signs shall be of a design approved by the
24Department. The signs must give proper due warning that a
25construction or maintenance speed zone is being approached and
26must indicate the maximum speed limit in effect. The signs also

 

 

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

 

 

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

 

 

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

 

 

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1        government that operates a public recreation
2        department or public recreation facilities that has
3        recreation facilities that are not on land owned by any
4        park district listed in subparagraphs (A) and (B) of
5        this subdivision (a)(1).
6        (2) "Park zone" means the recreation facilities and
7    areas on any land owned or operated by a park district that
8    are used for recreational purposes, including but not
9    limited to: parks; playgrounds; swimming pools; hiking
10    trails; bicycle paths; picnic areas; roads and streets; and
11    parking lots.
12        (3) "Park zone street" means that portion of any street
13    or intersection under the control of a local unit of
14    government, adjacent to a park zone, where the local unit
15    of government has, by ordinance or resolution, designated
16    and approved the street or intersection as a park zone
17    street. If, before the effective date of this amendatory
18    Act of the 94th General Assembly, a street already had a
19    posted speed limit lower than 20 miles per hour, then the
20    lower limit may be used for that park zone street.
21        (4) "Safety purposes" means the costs associated with:
22    park zone safety education; the purchase, installation,
23    and maintenance of signs, roadway painting, and caution
24    lights mounted on park zone signs; and any other expense
25    associated with park zones and park zone streets.
26    (b) On any day when children are present and within 50 feet

 

 

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1of motorized traffic, a person may not drive a motor vehicle at
2a speed in excess of 20 miles per hour or any lower posted
3speed while traveling on a park zone street that has been
4designated for the posted reduced speed.
5    (c) On any day when children are present and within 50 feet
6of motorized traffic, any driver traveling on a park zone
7street who fails to come to a complete stop at a stop sign or
8red light, including a driver who fails to come to a complete
9stop at a red light before turning right onto a park zone
10street, is in violation of this Section.
11    (d) This Section does not apply unless appropriate signs
12are posted upon park zone streets maintained by the Department
13or by the unit of local government in which the park zone is
14located. With regard to the special speed limit on park zone
15streets, the signs must give proper due warning that a park
16zone is being approached and must indicate the maximum speed
17limit on the park zone street.
18    (e) A first violation of this Section is a petty offense
19with a minimum fine of $250. A second or subsequent violation
20of this Section is a petty offense with a minimum fine of $500.
21    (f) (Blank). When a fine for a violation of this Section is
22imposed, the person who violates this Section shall be charged
23an additional $50, to be paid to the park district for safety
24purposes.
25    (g) The Department shall, within 6 months of the effective
26date of this amendatory Act of the 94th General Assembly,

 

 

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

 

 

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1    This Section shall not be applicable unless appropriate
2signs are posted in accordance with Section 11-605.
3    (b) A first violation of this Section is a petty offense
4with a minimum fine of $150. A second or subsequent violation
5of this Section is a petty offense with a minimum fine of $300.
6    (c) (Blank). When a fine for a violation of subsection (a)
7is $150 or greater, the person who violates subsection (a)
8shall be charged an additional $50 to be paid to the unit
9school district where the violation occurred for school safety
10purposes. If the violation occurred in a dual school district,
11$25 of the surcharge shall be paid to the elementary school
12district for school safety purposes and $25 of the surcharge
13shall be paid to the high school district for school safety
14purposes. Notwithstanding any other provision of law, the
15entire $50 surcharge shall be paid to the appropriate school
16district or districts.
17    For purposes of this subsection (c), "school safety
18purposes" has the meaning ascribed to that term in Section
1911-605.
20(Source: P.A. 95-302, eff. 1-1-08; 96-1165, eff. 7-22-10.)
 
21    (625 ILCS 5/15-113)  (from Ch. 95 1/2, par. 15-113)
22    Sec. 15-113. Violations; Penalties.
23    (a) Whenever any vehicle is operated in violation of the
24provisions of Section 15-111 or subsection (d) of Section
253-401, the owner or driver of such vehicle shall be deemed

 

 

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1guilty of such violation and either the owner or the driver of
2such vehicle may be prosecuted for such violation. Any person
3charged with a violation of any of these provisions who pleads
4not guilty shall be present in court for the trial on the
5charge. Any person, firm or corporation convicted of any
6violation of Section 15-111 including, but not limited to, a
7maximum axle or gross limit specified on a regulatory sign
8posted in accordance with paragraph (e) or (f) of Section
915-111, shall be fined according to the following schedule:
 
10Up to and including 2000 pounds overweight, the fine is $100
 
11From 2001 through 2500 pounds overweight, the fine is $270
 
12From 2501 through 3000 pounds overweight, the fine is $330
 
13From 3001 through 3500 pounds overweight, the fine is $520
 
14From 3501 through 4000 pounds overweight, the fine is $600
 
15From 4001 through 4500 pounds overweight, the fine is $850
 
16From 4501 through 5000 pounds overweight, the fine is $950
 
17From 5001 or more pounds overweight, the fine shall be computed
18by assessing $1500 for the first 5000 pounds overweight and

 

 

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1$150 for each additional increment of 500 pounds overweight or
2fraction thereof.
 
3    In addition any person, firm or corporation convicted of 4
4or more violations of Section 15-111 within any 12 month period
5shall be fined an additional amount of $5,000 for the fourth
6and each subsequent conviction within the 12 month period.
7Provided, however, that with regard to a firm or corporation, a
8fourth or subsequent conviction shall mean a fourth or
9subsequent conviction attributable to any one employee-driver.
10    (b) Whenever any vehicle is operated in violation of the
11provisions of Sections 15-102, 15-103 or 15-107, the owner or
12driver of such vehicle shall be deemed guilty of such violation
13and either may be prosecuted for such violation. Any person,
14firm or corporation convicted of any violation of Sections
1515-102, 15-103 or 15-107 shall be fined for the first or second
16conviction an amount equal to not less than $50 nor more than
17$500, and for the third and subsequent convictions by the same
18person, firm or corporation within a period of one year after
19the date of the first offense, not less than $500 nor more than
20$1,000.
21    (c) All proceeds equal to 50% of the additional fines
22imposed under subsection (a) of this Section by this amendatory
23Act of the 96th General Assembly shall be remitted to the State
24Treasurer and deposited into the Capital Projects Fund.
25(Source: P.A. 96-34, eff. 1-1-10; 96-1000, eff. 7-2-10; 97-201,

 

 

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1eff. 1-1-12.)
 
2    (625 ILCS 5/16-105)  (from Ch. 95 1/2, par. 16-105)
3    Sec. 16-105. Disposition of fines and forfeitures.
4    (a) Except as provided in Section 15-113 and Section
516-104a of this Act and except for those amounts required to be
6paid into the Traffic and Criminal Conviction Surcharge Fund in
7the State Treasury pursuant to Section 9.1 of the Illinois
8Police Training Act and Section 5-9-1 of the Unified Code of
9Corrections and except those amounts subject to disbursement by
10the circuit clerk under the Criminal and Traffic Assessment Act
11Section 27.5 of the Clerks of Courts Act, fines and penalties
12recovered under the provisions of Chapters 3 11 through 17 and
1318b 16 inclusive of this Code shall be paid and used as
14follows:
15        1. For offenses committed upon a highway within the
16    limits of a city, village, or incorporated town or under
17    the jurisdiction of any park district, to the treasurer of
18    the particular city, village, incorporated town or park
19    district, if the violator was arrested by the authorities
20    of the city, village, incorporated town or park district,
21    provided the police officers and officials of cities,
22    villages, incorporated towns and park districts shall
23    seasonably prosecute for all fines and penalties under this
24    Code. If the violation is prosecuted by the authorities of
25    the county, any fines or penalties recovered shall be paid

 

 

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

 

 

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

 

 

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

 

 

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1Section, shall constitute misconduct in office and shall be
2grounds for removal therefrom.
3(Source: P.A. 96-34, eff. 1-1-10.)
 
4    (625 ILCS 5/16-104a rep.)
5    (625 ILCS 5/16-104b rep.)
6    (625 ILCS 5/16-104c rep.)
7    (625 ILCS 5/16-104d rep.)
8    (625 ILCS 5/16-104d-1 rep.)
9    Section 905-47. The Illinois Vehicle Code is amended by
10repealing Sections 16-104a, 16-104b, 16-104c, 16-104d, and
1116-104d-1.
 
12    Section 905-50. The Access to Justice Act is amended by
13changing Section 15 as follows:
 
14    (705 ILCS 95/15)
15    Sec. 15. Access to Justice Fund.
16    (a) The Access to Justice Fund is created as a special fund
17in the State treasury. The Fund shall consist of fees collected
18under Section 27.3g of the Clerks of Courts Act. Moneys in the
19Access to Justice Fund shall be appropriated to the Attorney
20General for disbursements to the Foundation. The Foundation
21shall use the moneys to make grants and distributions for the
22administration of the pilot programs created under this Act.
23Grants or distributions made under this Act to the Foundation

 

 

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1are subject to the requirements of the Illinois Grant Funds
2Recovery Act.
3    (b) In accordance with the requirements of the Illinois
4Equal Justice Act, the Foundation may make grants, enter into
5contracts, and take other actions recommended by the Council to
6effectuate the pilot programs and comply with the other
7requirements of this Act.
8    (c) The governing board of the Foundation must prepare and
9submit an annual report to the Governor, the President of the
10Senate, the Minority Leader of the Senate, the Speaker of the
11House of Representatives, the Minority Leader of the House of
12Representatives, and the Justices of the Illinois Supreme
13Court. The report must include: (i) a statement of the total
14receipts and a breakdown by source during each of the previous
152 calendar years; (ii) a list of the names and addresses of the
16recipients that are currently receiving grants or
17distributions and that received grants or distributions in the
18previous year and the amounts committed to recipients for the
19current year and paid in the previous year; (iii) a breakdown
20of the amounts of grants or distributions paid during the
21previous year to recipients and the amounts committed to each
22recipient for the current year; (iv) a breakdown of the
23Foundation's costs in administering the Fund; (v) a statement
24of the Fund balance at the start and at the close of the
25previous year and the interest earned during the previous year;
26and (vi) any notices the Foundation issued denying applications

 

 

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

 

 

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1firm, or corporation, public or private, to be used to carry
2out the purposes of this Act.
3(Source: P.A. 98-351, eff. 8-15-13; 99-281, eff. 8-5-15.)
 
4    Section 905-55. The Clerks of Courts Act is amended by
5changing Sections 27.2b and 27.3 and by adding Section 27.1b as
6follows:
 
7    (705 ILCS 105/27.1b new)
8    Sec. 27.1b. Circuit court clerk fees. Notwithstanding any
9other provision of law, all fees charged by the clerks of the
10circuit court for the services described in this Section shall
11be established, collected, and disbursed in accordance with
12this Section. All fees under this Section shall be paid in
13advance and disbursed by each clerk on a monthly basis. Unless
14otherwise specified in this Section, the amount of a fee shall
15be determined by ordinance or resolution of the county board
16and remitted to the county treasurer to be used for purposes
17related to the operation of the court system in the county. In
18a county with population of over 3,000,000, any amount retained
19by the clerk of the circuit court or remitted to the county
20treasurer shall be subject to appropriation by the county
21board.
22    (a) Civil cases. The fee for filing a complaint, petition,
23or other pleading initiating a civil action shall be as set
24forth in the applicable schedule under this subsection in

 

 

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1accordance with case categories established by the Supreme
2Court in schedules.
3        (1) SCHEDULE 1: not to exceed a total of $358 in a
4    county with a population of 3,000,000 or more and $289 in
5    any other county, except as applied to units of local
6    government and school districts in counties with more than
7    3,000,000 inhabitants an amount not to exceed $190 through
8    December 31, 2021 and $184 on and after January 1, 2022.
9    The fees collected under this schedule shall be disbursed
10    as follows:
11            (A) The clerk shall retain a sum, in an amount not
12        to exceed $55 in a county with a population of
13        3,000,000 or more and $45 in any other county
14        determined by the clerk with the approval of the
15        Supreme Court, to be used for court automation, court
16        document storage, and administrative purposes.
17            (B) The clerk shall remit up to $21 to the State
18        Treasurer. The State Treasurer shall deposit the
19        appropriate amounts, in accordance with the clerk's
20        instructions, as follows:
21                (i) up to $10, as specified by the Supreme
22            Court in accordance with Part 10A of Article II of
23            the Code of Civil Procedure, into the Mandatory
24            Arbitration Fund;
25                (ii) $2 into the Access to Justice Fund; and
26                (iii) $9 into the Supreme Court Special

 

 

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1            Purposes Fund.
2            (C) The clerk shall remit a sum to the County
3        Treasurer, in an amount not to exceed $282 in a county
4        with a population of 3,000,000 or more and $223 in any
5        other county, as specified by ordinance or resolution
6        passed by the county board, for purposes related to the
7        operation of the court system in the county.
8        (2) SCHEDULE 2: not to exceed a total of $357 in a
9    county with a population of 3,000,000 or more and $189 in
10    any other county, except as applied to units of local
11    government and school districts in counties with more than
12    3,000,000 inhabitants an amount not to exceed $190 through
13    December 31, 2021 and $184 on and after January 1, 2022.
14    The fees collected under this schedule shall be disbursed
15    as follows:
16            (A) The clerk shall retain a sum, in an amount not
17        to exceed $55 in a county with a population of
18        3,000,000 or more and $45 in any other county
19        determined by the clerk with the approval of the
20        Supreme Court, to be used for court automation, court
21        document storage, and administrative purposes.
22            (B) The clerk shall remit up to $21 to the State
23        Treasurer. The State Treasurer shall deposit the
24        appropriate amounts, in accordance with the clerk's
25        instructions, as follows:
26                (i) up to $10, as specified by the Supreme

 

 

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1            Court in accordance with Part 10A of Article II of
2            the Code of Civil Procedure, into the Mandatory
3            Arbitration Fund;
4                (ii) $2 into the Access to Justice Fund: and
5                (iii) $9 into the Supreme Court Special
6            Purposes Fund.
7            (C) The clerk shall remit a sum to the County
8        Treasurer, in an amount not to exceed $281 in a county
9        with a population of 3,000,000 or more and $123 in any
10        other county, as specified by ordinance or resolution
11        passed by the county board, for purposes related to the
12        operation of the court system in the county.
13        (3) SCHEDULE 3: not to exceed a total of $265 in a
14    county with a population of 3,000,000 or more and $89 in
15    any other county, except as applied to units of local
16    government and school districts in counties with more than
17    3,000,000 inhabitants an amount not to exceed $190 through
18    December 31, 2021 and $184 on and after January 1, 2022.
19    The fees collected under this schedule shall be disbursed
20    as follows:
21            (A) The clerk shall retain a sum, in an amount not
22        to exceed $55 in a county with a population of
23        3,000,000 or more and $22 in any other county
24        determined by the clerk with the approval of the
25        Supreme Court, to be used for court automation, court
26        document storage, and administrative purposes.

 

 

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1            (B) The clerk shall remit $11 to the State
2        Treasurer. The State Treasurer shall deposit the
3        appropriate amounts in accordance with the clerk's
4        instructions, as follows:
5                (i) $2 into the Access to Justice Fund; and
6                (ii) $9 into the Supreme Court Special
7            Purposes Fund.
8            (C) The clerk shall remit a sum to the County
9        Treasurer, in an amount not to exceed $199 in a county
10        with a population of 3,000,000 or more and $56 in any
11        other county, as specified by ordinance or resolution
12        passed by the county board, for purposes related to the
13        operation of the court system in the county.
14        (4) SCHEDULE 4: $0.
15    (b) Appearance. The fee for filing an appearance in a civil
16action, including a cannabis civil law action under the
17Cannabis Control Act, shall be as set forth in the applicable
18schedule under this subsection in accordance with case
19categories established by the Supreme Court in schedules.
20        (1) SCHEDULE 1: not to exceed a total of $230 in a
21    county with a population of 3,000,000 or more and $149 in
22    any other county, except as applied to units of local
23    government and school districts in counties with more than
24    3,000,000 inhabitants an amount not to exceed $75. The fees
25    collected under this schedule shall be disbursed as
26    follows:

 

 

SB2590- 110 -LRB100 17152 MRW 32306 b

1            (A) The clerk shall retain a sum, in an amount not
2        to exceed $50 in a county with a population of
3        3,000,000 or more and $28 in any other county
4        determined by the clerk with the approval of the
5        Supreme Court, to be used for court automation, court
6        document storage, and administrative purposes.
7            (B) The clerk shall remit up to $21 to the State
8        Treasurer. The State Treasurer shall deposit the
9        appropriate amounts, in accordance with the clerk's
10        instructions, as follows:
11                (i) up to $10, as specified by the Supreme
12            Court in accordance with Part 10A of Article II of
13            the Code of Civil Procedure, into the Mandatory
14            Arbitration Fund;
15                (ii) $2 into the Access to Justice Fund; and
16                (iii) $9 into the Supreme Court Special
17            Purposes Fund.
18            (C) The clerk shall remit a sum to the County
19        Treasurer, in an amount not to exceed $159 in a county
20        with a population of 3,000,000 or more and $100 in any
21        other county, as specified by ordinance or resolution
22        passed by the county board, for purposes related to the
23        operation of the court system in the county.
24        (2) SCHEDULE 2: not to exceed a total of $130 in a
25    county with a population of 3,000,000 or more and $49 in
26    any other county, except as applied to units of local

 

 

SB2590- 111 -LRB100 17152 MRW 32306 b

1    government and school districts in counties with more than
2    3,000,000 inhabitants an amount not to exceed $75. The fees
3    collected under this schedule shall be disbursed as
4    follows:
5            (A) The clerk shall retain a sum, in an amount not
6        to exceed $50 in a county with a population of
7        3,000,000 or more and $10 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 $9 to the State
12        Treasurer, which the State Treasurer shall deposit
13        into the Supreme Court Special Purpose Fund.
14            (C) The clerk shall remit a sum to the County
15        Treasurer, in an amount not to exceed $71 in a county
16        with a population of 3,000,000 or more and $30 in any
17        other county, as specified by ordinance or resolution
18        passed by the county board, for purposes related to the
19        operation of the court system in the county.
20        (3) SCHEDULE 3: $0.
21    (b-5) Kane County and Will County. In Kane County and Will
22County civil cases, there is an additional fee of up to $30 as
23set by the county board under Section 5-1101.3 of the Counties
24Code to be paid by each party at the time of filing the first
25pleading, paper, or other appearance; provided that no
26additional fee shall be required if more than one party is

 

 

SB2590- 112 -LRB100 17152 MRW 32306 b

1represented in a single pleading, paper, or other appearance.
2Distribution of fees collected under this subsection (b-5)
3shall be as provided in Section 5-1101.3 of the Counties Code.
4    (c) Counterclaim or third party complaint. When any
5defendant files a counterclaim or third party complaint, as
6part of the defendant's answer or otherwise, the defendant
7shall pay a filing fee for each counterclaim or third party
8complaint in an amount equal to the filing fee the defendant
9would have had to pay had the defendant brought a separate
10action for the relief sought in the counterclaim or third party
11complaint, less the amount of the appearance fee, if any, that
12the defendant has already paid in the action in which the
13counterclaim or third party complaint is filed.
14    (d) Alias summons. The clerk shall collect a fee not to
15exceed $6 in a county with a population of 3,000,000 or more
16and $5 in any other county for each alias summons or citation
17issued by the clerk, except as applied to units of local
18government and school districts in counties with more than
193,000,000 inhabitants an amount not to exceed $5 for each alias
20summons or citation issued by the clerk.
21    (e) Jury services. The clerk shall collect, in addition to
22other fees allowed by law, a sum not to exceed $212.50, as a
23fee for the services of a jury in every civil action not
24quasi-criminal in its nature and not a proceeding for the
25exercise of the right of eminent domain and in every other
26action wherein the right of trial by jury is or may be given by

 

 

SB2590- 113 -LRB100 17152 MRW 32306 b

1law. The jury fee shall be paid by the party demanding a jury
2at the time of filing the jury demand. If the fee is not paid by
3either party, no jury shall be called in the action or
4proceeding, and the action or proceeding shall be tried by the
5court without a jury.
6    (f) Change of venue. In connection with a change of venue:
7        (1) The clerk of the jurisdiction from which the case
8    is transferred may charge a fee, not to exceed $40, for the
9    preparation and certification of the record; and
10        (2) The clerk of the jurisdiction to which the case is
11    transferred may charge the same filing fee as if it were
12    the commencement of a new suit.
13    (g) Petition to vacate or modify.
14        (1) In a proceeding involving a petition to vacate or
15    modify any final judgment or order filed within 30 days
16    after the judgment or order was entered, except for a
17    forcible entry and detainer case, small claims case,
18    petition to reopen an estate, petition to modify,
19    terminate, or enforce a judgment or order for child or
20    spousal support, or petition to modify, suspend, or
21    terminate an order for withholding, the fee shall not
22    exceed $60 in a county with a population of 3,000,000 or
23    more and $50 in any other county, except as applied to
24    units of local government and school districts in counties
25    with more than 3,000,000 inhabitants an amount not to
26    exceed $50.

 

 

SB2590- 114 -LRB100 17152 MRW 32306 b

1        (2) In a proceeding involving a petition to vacate or
2    modify any final judgment or order filed more than 30 days
3    after the judgment or order was entered, except for a
4    petition to modify, terminate, or enforce a judgment or
5    order for child or spousal support, or petition to modify,
6    suspend, or terminate an order for withholding, the fee
7    shall not exceed $75.
8        (3) In a proceeding involving a motion to vacate or
9    amend a final order, motion to vacate an ex parte judgment,
10    judgment of forfeiture, or "failure to appear" or "failure
11    to comply" notices sent to the Secretary of State, the fee
12    shall equal $40.
13    (h) Appeals preparation. The fee for preparation of a
14record on appeal shall be based on the number of pages, as
15follows:
16        (1) if the record contains no more than 100 pages, the
17    fee shall not exceed $70 in a county with a population of
18    3,000,000 or more and $50 in any other county;
19        (2) if the record contains between 100 and 200 pages,
20    the fee shall not exceed $100; and
21        (3) if the record contains 200 or more pages, the clerk
22    may collect an additional fee not to exceed 25 cents per
23    page.
24    (i) Remands. In any cases remanded to the circuit court
25from the Supreme Court or the appellate court for a new trial,
26the clerk shall reinstate the case with either its original

 

 

SB2590- 115 -LRB100 17152 MRW 32306 b

1number or a new number. The clerk shall not charge any new or
2additional fee for the reinstatement. Upon reinstatement, the
3clerk shall advise the parties of the reinstatement. Parties
4shall have the same right to a jury trial on remand and
5reinstatement that they had before the appeal, and no
6additional or new fee or charge shall be made for a jury trial
7after remand.
8    (j) Garnishment, wage deduction, and citation. In
9garnishment affidavit, wage deduction affidavit, and citation
10petition proceedings:
11        (1) if the amount in controversy in the proceeding is
12    not more than $1,000, the fee may not exceed $35 in a
13    county with a population of 3,000,000 or more and $15 in
14    any other county, except as applied to units of local
15    government and school districts in counties with more than
16    3,000,000 inhabitants an amount not to exceed $15;
17        (2) if the amount in controversy in the proceeding is
18    greater than $1,000 and not more than $5,000, the fee may
19    not exceed $45 in a county with a population of 3,000,000
20    or more and $30 in any other county, except as applied to
21    units of local government and school districts in counties
22    with more than 3,000,000 inhabitants an amount not to
23    exceed $30; and
24        (3) if the amount in controversy in the proceeding is
25    greater than $5,000, the fee may not exceed $65 in a county
26    with a population of 3,000,000 or more and $50 in any other

 

 

SB2590- 116 -LRB100 17152 MRW 32306 b

1    county, except as applied to units of local government and
2    school districts in counties with more than 3,000,000
3    inhabitants an amount not to exceed $50.
4    (k) Collections.
5        (1) For all collections made of others, except the
6    State and county and except in maintenance or child support
7    cases, the clerk may collect a fee of up to 2.5% of the
8    amount collected and turned over.
9        (2) In child support and maintenance cases, the clerk
10    may collect an annual fee of up to $36 from the person
11    making payment for maintaining child support records and
12    the processing of support orders to the State of Illinois
13    KIDS system and the recording of payments issued by the
14    State Disbursement Unit for the official record of the
15    Court. This fee is in addition to and separate from amounts
16    ordered to be paid as maintenance or child support and
17    shall be deposited into a Separate Maintenance and Child
18    Support Collection Fund, of which the clerk shall be the
19    custodian, ex officio, to be used by the clerk to maintain
20    child support orders and record all payments issued by the
21    State Disbursement Unit for the official record of the
22    Court. The clerk may recover from the person making the
23    maintenance or child support payment any additional cost
24    incurred in the collection of this annual fee.
25        (3) The clerk may collect a fee of $5 for
26    certifications made to the Secretary of State as provided

 

 

SB2590- 117 -LRB100 17152 MRW 32306 b

1    in Section 7-703 of the Family Financial Responsibility Law
2    and these fees shall be deposited into the Separate
3    Maintenance and Child Support Collection Fund.
4        (4) In proceedings to foreclose the lien of delinquent
5    real estate taxes State's Attorneys shall receive a fee of
6    10% of the total amount realized from the sale of real
7    estate sold in the proceedings. The clerk shall collect the
8    fee from the total amount realized from the sale of the
9    real estate sold in the proceedings and remit to the County
10    Treasurer to be credited to the earnings of the Office of
11    State's Attorney.
12    (l) Mailing. The fee for the clerk mailing documents shall
13not exceed $10 plus the cost of postage.
14    (m) Certified copies. The fee for each certified copy of a
15judgment, after the first copy, shall not exceed $10.
16    (n) Certification, authentication, and reproduction.
17        (1) The fee for each certification or authentication
18    for taking the acknowledgment of a deed or other instrument
19    in writing with the seal of office shall not exceed $6.
20        (2) The fee for reproduction of any document contained
21    in the clerk's files shall not exceed:
22            (A) $2 for the first page;
23            (B) 50 cents per page for the next 19 pages; and
24            (C) 25 cents per page for all additional pages.
25    (o) Record search. For each record search, within a
26division or municipal district, the clerk may collect a search

 

 

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1fee not to exceed $6 for each year searched.
2    (p) Hard copy. For each page of hard copy print output,
3when case records are maintained on an automated medium, the
4clerk may collect a fee not to exceed $10 in a county with a
5population of 3,000,000 or more and $6 in any other county,
6except as applied to units of local government and school
7districts in counties with more than 3,000,000 inhabitants an
8amount not to exceed $6.
9    (q) Index inquiry and other records. No fee shall be
10charged for a single plaintiff and defendant index inquiry or
11single case record inquiry when this request is made in person
12and the records are maintained in a current automated medium,
13and when no hard copy print output is requested. The fees to be
14charged for management records, multiple case records, and
15multiple journal records may be specified by the Chief Judge
16pursuant to the guidelines for access and dissemination of
17information approved by the Supreme Court.
18    (r) Performing a marriage. There shall be a $10 fee for
19performing a marriage in court.
20    (s) Voluntary assignment. For filing each deed of voluntary
21assignment, the clerk shall collect a fee not to exceed $20.
22For recording a deed of voluntary assignment, the clerk shall
23collect a fee not to exceed 50 cents for each 100 words.
24Exceptions filed to claims presented to an assignee of a debtor
25who has made a voluntary assignment for the benefit of
26creditors shall be considered and treated, for the purpose of

 

 

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1taxing costs therein, as actions in which the party or parties
2filing the exceptions shall be considered as party or parties
3plaintiff, and the claimant or claimants as party or parties
4defendant, and those parties respectively shall pay to the
5clerk the same fees as provided by this Section to be paid in
6other actions.
7    (t) Expungement petition. The clerk may collect a fee not
8to exceed $60 for each expungement petition filed and an
9additional fee not to exceed $4 for each certified copy of an
10order to expunge arrest records.
11    (u) Transcripts of judgment. For the filing of a transcript
12of judgment, the clerk may collect the same fee as if it were
13the commencement of a new suit.
14    (v) Probate filings.
15        (1) For each account (other than one final account)
16    filed in the estate of a decedent, or ward, the fee shall
17    not exceed $25.
18        (2) For filing a claim in an estate when the amount
19    claimed is greater than $150 and not more than $500, the
20    fee shall not exceed $40 in a county with a population of
21    3,000,000 or more and $25 in any other county; when the
22    amount claimed is greater than $500 and not more than
23    $10,000, the fee shall not exceed $55 in a county with a
24    population of 3,000,000 or more and $40 in any other
25    county; and when the amount claimed is more than $10,000,
26    the fee shall not exceed $75 in a county with a population

 

 

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

 

 

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

 

 

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1may be requested by the public and agreed to by the clerk and
2approved by the Chief Judge. Any charges for additional
3services shall be as agreed to between the clerk and the party
4making the request and approved by the Chief Judge. Nothing in
5this subsection shall be construed to require any clerk to
6provide any service not otherwise required by law.
7    (z) Exceptions.
8        (1) No fee authorized by this Section shall apply to:
9            (A) police departments or other law enforcement
10        agencies. In this Section, "law enforcement agency"
11        means: an agency of the State or a unit of local
12        government which is vested by law or ordinance with the
13        duty to maintain public order and to enforce criminal
14        laws or ordinances; the Attorney General; or any
15        State's Attorney;
16            (A-5) any unit of local government or school
17        district in counties having a population of 500,000 or
18        less and the county board in counties having a
19        population exceeding 500,000 may by resolution set
20        reduced fees for units of local government or school
21        districts;
22            (B) any action instituted by the corporate
23        authority of a municipality with more than 1,000,000
24        inhabitants under Section 11-31-1 of the Illinois
25        Municipal Code and any action instituted under
26        subsection (b) of Section 11-31-1 of the Illinois

 

 

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1        Municipal Code by a private owner or tenant of real
2        property within 1,200 feet of a dangerous or unsafe
3        building seeking an order compelling the owner or
4        owners of the building to take any of the actions
5        authorized under that subsection;
6            (C) any commitment petition or petition for an
7        order authorizing the administration of psychotropic
8        medication or electroconvulsive therapy under the
9        Mental Health and Developmental Disabilities Code;
10            (D) a petitioner in any order of protection
11        proceeding, including, but not limited to, fees for
12        filing, modifying, withdrawing, certifying, or
13        photocopying petitions for orders of protection,
14        issuing alias summons, any related filing service, or
15        certifying, modifying, vacating, or photocopying any
16        orders of protection; or
17            (E) proceedings for the appointment of a
18        confidential intermediary under the Adoption Act.
19        (2) No fee other than the filing fee contained in the
20    applicable schedule in subsection (a) shall be charged to
21    any person in connection with an adoption proceeding.
22        (3) Upon good cause shown, the court may waive any fees
23    associated with a special needs adoption. The term "special
24    needs adoption" has the meaning provided by the Illinois
25    Department of Children and Family Services.
26    (aa) This Section is repealed on December 31, 2019.
 

 

 

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1    (705 ILCS 105/27.2b)
2    Sec. 27.2b. State income tax refund intercept. The Clerk
3of the Circuit Court may enter into an agreement with the
4Illinois Department of Revenue to establish a pilot program for
5the purpose of collecting certain fees. The purpose shall be to
6intercept, in whole or in part, State income tax refunds due
7the persons who owe past due fees to the Clerk of the Circuit
8Court in order to satisfy unpaid assessments under the Criminal
9and Traffic Assessment Act fees pursuant to the fee
10requirements of Sections 27.1a, 27.2, and 27.2a of this Act.
11The agreement shall include, but may not be limited to, a
12certification by the Clerk of the Circuit Court that the debt
13claims forwarded to the Department of Revenue are valid and
14that reasonable efforts have been made to notify persons of the
15delinquency of the debt. The agreement shall include provisions
16for payment of the intercept by the Department of Revenue to
17the Clerk of the Circuit Court and procedures for an
18appeal/protest by the debtor when an intercept occurs. The
19agreement may also include provisions to allow the Department
20of Revenue to recover its cost for administering the program.
21    Intercepts made pursuant to this Section shall not
22interfere with the collection of debts related to child
23support. During the collection of debts under this Section,
24when there are 2 or more debt claims certified to the
25Department at the same time, priority of collection shall be as

 

 

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1provided in Section 911.3 of the Illinois Income Tax Act.
2(Source: P.A. 93-836, eff. 1-1-05.)
 
3    (705 ILCS 105/27.3)  (from Ch. 25, par. 27.3)
4    Sec. 27.3. Compensation.
5    (a) The county board shall provide the compensation of
6Clerks of the Circuit Court, and the amount necessary for clerk
7hire, stationery, fuel and other expenses. Beginning December
81, 1989, the compensation per annum for Clerks of the Circuit
9Court shall be as follows:
10    In counties where the population is:
11Less than 14,000.......................at least $13,500
1214,001-30,000..........................at least $14,500
1330,001-60,000..........................at least $15,000
1460,001-100,000.........................at least $15,000
15100,001-200,000........................at least $16,500
16200,001-300,000........................at least $18,000
17300,001- 3,000,000.....................at least $20,000
18Over 3,000,000.........................at least $55,000
19    (b) In counties in which the population is 3,000,000 or
20less, "base salary" is the compensation paid for each Clerk of
21the Circuit Court, respectively, before July 1, 1989.
22    (c) The Clerks of the Circuit Court, in counties in which
23the population is 3,000,000 or less, shall be compensated as
24follows:
25        (1) Beginning December 1, 1989, base salary plus at

 

 

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1    least 3% of base salary.
2        (2) Beginning December 1, 1990, base salary plus at
3    least 6% of base salary.
4        (3) Beginning December 1, 1991, base salary plus at
5    least 9% of base salary.
6        (4) Beginning December 1, 1992, base salary plus at
7    least 12% of base salary.
8    (d) In addition to the compensation provided by the county
9board, each Clerk of the Circuit Court shall receive an award
10from the State for the additional duties imposed by Sections
115-9-1 and 5-9-1.2 of the Unified Code of Corrections, Section
1210 of the Violent Crime Victims Assistance Act, Section 16-104a
13of the Illinois Vehicle Code, and other laws, in the following
14amount:
15    (1) $3,500 per year before January 1, 1997.
16    (2) $4,500 per year beginning January 1, 1997.
17    (3) $5,500 per year beginning January 1, 1998.
18    (4) $6,500 per year beginning January 1, 1999.
19The total amount required for such awards shall be appropriated
20each year by the General Assembly to the Supreme Court, which
21shall distribute such awards in annual lump sum payments to the
22Clerks of the Circuit Court in all counties. This annual award,
23and any other award or stipend paid out of State funds to the
24Clerks of the Circuit Court, shall not affect any other
25compensation provided by law to be paid to Clerks of the
26Circuit Court.

 

 

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1    (e) (Blank).
2    (f) No county board may reduce or otherwise impair the
3compensation payable from county funds to a Clerk of the
4Circuit Court if the reduction or impairment is the result of
5the Clerk of the Circuit Court receiving an award or stipend
6payable from State funds.
7(Source: P.A. 98-24, eff. 6-19-13.)
 
8    (705 ILCS 105/27.1a rep.)
9    (705 ILCS 105/27.2 rep.)
10    (705 ILCS 105/27.2a rep.)
11    (705 ILCS 105/27.3a rep.)
12    (705 ILCS 105/27.3c rep.)
13    (705 ILCS 105/27.3e rep.)
14    (705 ILCS 105/27.3g rep.)
15    (705 ILCS 105/27.4 rep.)
16    (705 ILCS 105/27.5 rep.)
17    (705 ILCS 105/27.6 rep.)
18    Section 905-57. The Clerks of Courts Act is amended by
19repealing Sections 27.1a, 27.2, 27.2a, 27.3a, 27.3c, 27.3e,
2027.3g, 27.4, 27.5, and 27.6.
 
21    Section 905-60. The Juvenile Court Act of 1987 is amended
22by changing Section 5-915 as follows:
 
23    (705 ILCS 405/5-915)

 

 

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1    Sec. 5-915. Expungement of juvenile law enforcement and
2court records.
3    (0.05) For purposes of this Section:
4        "Dissemination" or "disseminate" means to publish,
5    produce, print, manufacture, distribute, sell, lease,
6    exhibit, broadcast, display, transmit, or otherwise share
7    information in any format so as to make the information
8    accessible to others.
9        "Expunge" means to physically destroy the records and
10    to obliterate the minor's name and juvenile court records
11    from any official index, public record, or electronic
12    database. No evidence of the juvenile court records may be
13    retained by any law enforcement agency, the juvenile court,
14    or by any municipal, county, or State agency or department.
15    Nothing in this Act shall require the physical destruction
16    of the internal office records, files, or databases
17    maintained by a State's Attorney's Office or other
18    prosecutor or by the Office of the Secretary of State.
19        "Juvenile court record" includes, but is not limited
20    to:
21            (a) all documents filed in or maintained by the
22    juvenile court pertaining to a specific incident,
23    proceeding, or individual;
24            (b) all documents relating to a specific incident,
25    proceeding, or individual made available to or maintained
26    by probation officers;

 

 

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1            (c) all documents, video or audio tapes,
2    photographs, and exhibits admitted into evidence at
3    juvenile court hearings; or
4            (d) all documents, transcripts, records, reports
5    or other evidence prepared by, maintained by, or released
6    by any municipal, county, or State state agency or
7    department, in any format, if indicating involvement with
8    the juvenile court relating to a specific incident,
9    proceeding, or individual.
10        "Law enforcement record" includes, but is not limited
11    to, records of arrest, station adjustments, fingerprints,
12    probation adjustments, the issuance of a notice to appear,
13    or any other records or documents maintained by any law
14    enforcement agency relating to a minor suspected of
15    committing an offense or evidence of interaction with law
16    enforcement.
17    (0.1) (a) The Department of State Police and all law
18enforcement agencies within the State shall automatically
19expunge, on or before January 1 of each year, all law
20enforcement records relating to events occurring before an
21individual's 18th birthday if:
22        (1) one year or more has elapsed since the date of the
23    arrest or law enforcement interaction documented in the
24    records;
25        (2) no petition for delinquency or criminal charges
26    were filed with the clerk of the circuit court relating to

 

 

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1    the arrest or law enforcement interaction documented in the
2    records; and
3        (3) 6 months have elapsed without an additional
4    subsequent arrest or filing of a petition for delinquency
5    or criminal charges whether related or not to the arrest or
6    law enforcement interaction documented in the records.
7    (b) If the law enforcement agency is unable to verify
8satisfaction of conditions (2) and (3) of this subsection
9(0.1), records that satisfy condition (1) of this subsection
10(0.1) shall be automatically expunged if the records relate to
11an offense that if committed by an adult would not be an
12offense classified as Class 2 felony or higher, an offense
13under Article 11 of the Criminal Code of 1961 or Criminal Code
14of 2012, or an offense under Section 12-13, 12-14, 12-14.1,
1512-15, or 12-16 of the Criminal Code of 1961.
16    (0.2) (a) Upon dismissal of a petition alleging delinquency
17or upon a finding of not delinquent, the successful termination
18of an order of supervision, or an adjudication for an offense
19which would be a Class B misdemeanor, Class C misdemeanor, or a
20petty or business offense if committed by an adult, the court
21shall automatically order the expungement of the juvenile court
22and law enforcement records within 60 business days.
23    (b) If the chief law enforcement officer of the agency, or
24his or her designee, certifies in writing that certain
25information is needed for a pending investigation involving the
26commission of a felony, that information, and information

 

 

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1identifying the juvenile, may be retained in an intelligence
2file until the investigation is terminated or for one
3additional year, whichever is sooner. Retention of a portion of
4a juvenile's law enforcement record does not disqualify the
5remainder of his or her record from immediate automatic
6expungement.
7    (0.3) (a) Upon an adjudication of delinquency based on any
8offense except a disqualified offense, the juvenile court shall
9automatically order the expungement of the juvenile records 2
10years after the juvenile's case was closed if no delinquency or
11criminal proceeding is pending and the person has had no
12subsequent delinquency adjudication or criminal conviction.
13The court shall automatically order the expungement of the
14juvenile court and law enforcement records within 60 business
15days. For the purposes of this subsection (0.3), "disqualified
16offense" means any of the following offenses: Section 8-1.2,
179-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1,
1810-4, 10-5, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
1911-6, 11-6.5, 12-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2,
2012-6.5, 12-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5,
2118-1, 18-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2,
2224-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9,
2329D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal
24Code of 2012, or subsection (b) of Section 8-1, paragraph (4)
25of subsection (a) of Section 11-14.4, subsection (a-5) of
26Section 12-3.1, paragraph (1), (2), or (3) of subsection (a) of

 

 

SB2590- 132 -LRB100 17152 MRW 32306 b

1Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3,
2paragraph (1) or (2) of subsection (a) of Section 12-7.4,
3subparagraph (i) of paragraph (1) of subsection (a) of Section
412-9, subparagraph (H) of paragraph (3) of subsection (a) of
5Section 24-1.6, paragraph (1) of subsection (a) of Section
625-1, or subsection (a-7) of Section 31-1 of the Criminal Code
7of 2012.
8    (b) If the chief law enforcement officer of the agency, or
9his or her designee, certifies in writing that certain
10information is needed for a pending investigation involving the
11commission of a felony, that information, and information
12identifying the juvenile, may be retained in an intelligence
13file until the investigation is terminated or for one
14additional year, whichever is sooner. Retention of a portion of
15a juvenile's law enforcement record does not disqualify the
16remainder of his or her record from immediate automatic
17expungement.
18    (1) Nothing in this subsection (1) precludes an eligible
19minor from obtaining expungement under subsection subsections
20(0.1), (0.2), or (0.3). Whenever a person has been arrested,
21charged, or adjudicated delinquent for an incident occurring
22before his or her 18th birthday that if committed by an adult
23would be an offense, and that person's records are not eligible
24for automatic expungement under subsection subsections (0.1),
25(0.2), or (0.3), the person may petition the court at any time
26for expungement of law enforcement records and juvenile court

 

 

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1records relating to the incident and, upon termination of all
2juvenile court proceedings relating to that incident, the court
3shall order the expungement of all records in the possession of
4the Department of State Police, the clerk of the circuit court,
5and law enforcement agencies relating to the incident, but only
6in any of the following circumstances:
7        (a) the minor was arrested and no petition for
8    delinquency was filed with the clerk of the circuit court;
9        (a-5) the minor was charged with an offense and the
10    petition or petitions were dismissed without a finding of
11    delinquency;
12        (b) the minor was charged with an offense and was found
13    not delinquent of that offense;
14        (c) the minor was placed under supervision pursuant to
15    Section 5-615, and the order of supervision has since been
16    successfully terminated; or
17        (d) the minor was adjudicated for an offense which
18    would be a Class B misdemeanor, Class C misdemeanor, or a
19    petty or business offense if committed by an adult.
20    (1.5) January 1, 2015 (Public Act 98-637) The Department of
21State Police shall allow a person to use the Access and Review
22process, established in the Department of State Police, for
23verifying that his or her law enforcement records relating to
24incidents occurring before his or her 18th birthday eligible
25under this Act have been expunged.
26    (1.6) (Blank). January 1, 2015 (Public Act 98-637) January

 

 

SB2590- 134 -LRB100 17152 MRW 32306 b

11, 2015 (Public Act 98-637)
2    (1.7) (Blank).
3    (1.8) (Blank).
4    (2) Any person whose delinquency adjudications are not
5eligible for automatic expungement under subsection (0.3) of
6this Section may petition the court to expunge all law
7enforcement records relating to any incidents occurring before
8his or her 18th birthday which did not result in proceedings in
9criminal court and all juvenile court records with respect to
10any adjudications except those based upon first degree murder
11or an offense under Article 11 of the Criminal Code of 2012 if
12the person is required to register under the Sex Offender
13Registration Act; provided that:
14        (a) (blank); or
15        (b) 2 years have elapsed since all juvenile court
16    proceedings relating to him or her have been terminated and
17    his or her commitment to the Department of Juvenile Justice
18    under this Act has been terminated.
19    (2.5) If a minor is arrested and no petition for
20delinquency is filed with the clerk of the circuit court at the
21time the minor is released from custody, the youth officer, if
22applicable, or other designated person from the arresting
23agency, shall notify verbally and in writing to the minor or
24the minor's parents or guardians that the minor shall have an
25arrest record and shall provide the minor and the minor's
26parents or guardians with an expungement information packet,

 

 

SB2590- 135 -LRB100 17152 MRW 32306 b

1information regarding this State's expungement laws including
2a petition to expunge juvenile records obtained from the clerk
3of the circuit court.
4    (2.6) If a minor is referred to court then at the time of
5sentencing or dismissal of the case, or successful completion
6of supervision, the judge shall inform the delinquent minor of
7his or her rights regarding expungement and the clerk of the
8circuit court shall provide an expungement information packet
9to the minor, written in plain language, including information
10regarding this State's expungement laws and a petition for
11expungement, a sample of a completed petition, expungement
12instructions that shall include information informing the
13minor that (i) once the case is expunged, it shall be treated
14as if it never occurred, (ii) he or she may apply to have
15petition fees waived, (iii) once he or she obtains an
16expungement, he or she may not be required to disclose that he
17or she had a juvenile record, and (iv) if petitioning he or she
18may file the petition on his or her own or with the assistance
19of an attorney. The failure of the judge to inform the
20delinquent minor of his or her right to petition for
21expungement as provided by law does not create a substantive
22right, nor is that failure grounds for: (i) a reversal of an
23adjudication of delinquency, (ii) a new trial; or (iii) an
24appeal.
25    (2.7) (Blank).
26    (2.8) The petition for expungement for subsection (1) and

 

 

SB2590- 136 -LRB100 17152 MRW 32306 b

1(2) may include multiple offenses on the same petition and
2shall be substantially in the following form:
3
IN THE CIRCUIT COURT OF ......, ILLINOIS
4
........ JUDICIAL CIRCUIT

 
5IN THE INTEREST OF )    NO.
6                   )
7                   )
8...................)
9(Name of Petitioner)
 
10
PETITION TO EXPUNGE JUVENILE RECORDS
11
(705 ILCS 405/5-915 (SUBSECTION 1 AND 2))
12Now comes ............., petitioner, and respectfully requests
13that this Honorable Court enter an order expunging all juvenile
14law enforcement and court records of petitioner and in support
15thereof states that: Petitioner was arrested on ..... by the
16....... Police Department for the offense or offenses of
17......., and:
18(Check All That Apply:)
19( ) a. no petition or petitions were filed with the Clerk of
20the Circuit Court.
21( ) b. was charged with ...... and was found not delinquent of
22the offense or offenses.
23( ) c. a petition or petitions were filed and the petition or
24petitions were dismissed without a finding of delinquency on

 

 

SB2590- 137 -LRB100 17152 MRW 32306 b

1.....
2( ) d. on ....... placed under supervision pursuant to Section
35-615 of the Juvenile Court Act of 1987 and such order of
4supervision successfully terminated on ........
5( ) e. was adjudicated for the offense or offenses, which would
6have been a Class B misdemeanor, a Class C misdemeanor, or a
7petty offense or business offense if committed by an adult.
8( ) f. was adjudicated for a Class A misdemeanor or felony,
9except first degree murder or an offense under Article 11 of
10the Criminal Code of 2012 if the person is required to register
11under the Sex Offender Registration Act, and 2 years have
12passed since the case was closed.
13Petitioner .... has .... has not been arrested on charges in
14this or any county other than the charges listed above. If
15petitioner has been arrested on additional charges, please list
16the charges below:
17Charge(s): ......
18Arresting Agency or Agencies: ...........
19Disposition/Result: (choose from a. through f., above): .....
20WHEREFORE, the petitioner respectfully requests this Honorable
21Court to (1) order all law enforcement agencies to expunge all
22records of petitioner to this incident or incidents, and (2) to
23order the Clerk of the Court to expunge all records concerning
24the petitioner regarding this incident or incidents.
 
25
......................

 

 

SB2590- 138 -LRB100 17152 MRW 32306 b

1
Petitioner (Signature)

 
2
..........................
3
Petitioner's Street Address

 
4
.....................
5
City, State, Zip Code

 
6
.............................
7
Petitioner's Telephone Number

 
8Pursuant to the penalties of perjury under the Code of Civil
9Procedure, 735 ILCS 5/1-109, I hereby certify that the
10statements in this petition are true and correct, or on
11information and belief I believe the same to be true.
 
12
......................
13
Petitioner (Signature)
14first degree
15    (3) The chief judge of the circuit in which an arrest was
16made or a charge was brought or any judge of that circuit
17designated by the chief judge may, upon verified petition of a
18person who is the subject of an arrest or a juvenile court
19proceeding under subsection (1) or (2) of this Section, order
20the law enforcement records or official court file, or both, to
21be expunged from the official records of the arresting

 

 

SB2590- 139 -LRB100 17152 MRW 32306 b

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

 
24IN THE INTEREST OF )    NO.
25                   )

 

 

SB2590- 140 -LRB100 17152 MRW 32306 b

1                   )
2...................)
3(Name of Petitioner)
 
4
NOTICE
5TO:  State's Attorney
6TO:  Arresting Agency
7
8................
9................
10
11................
12................
13TO:  Illinois State Police
14
15.....................
16
17.....................
18ATTENTION: Expungement
19You are hereby notified that on ....., at ....., in courtroom
20..., located at ..., before the Honorable ..., Judge, or any
21judge sitting in his/her stead, I shall then and there present
22a Petition to Expunge Juvenile records in the above-entitled
23matter, at which time and place you may appear.
24
......................
25
Petitioner's Signature

 

 

SB2590- 141 -LRB100 17152 MRW 32306 b

1
...........................
2
Petitioner's Street Address
3
.....................
4
City, State, Zip Code
5
.............................
6
Petitioner's Telephone Number
7
PROOF OF SERVICE
8On the ....... day of ......, 20..., I on oath state that I
9served this notice and true and correct copies of the
10above-checked documents by:
11(Check One:)
12delivering copies personally to each entity to whom they are
13directed;
14or
15by mailing copies to each entity to whom they are directed by
16depositing the same in the U.S. Mail, proper postage fully
17prepaid, before the hour of 5:00 p.m., at the United States
18Postal Depository located at .................
19
.........................................
20
21Signature
22
Clerk of the Circuit Court or Deputy Clerk
23Printed Name of Delinquent Minor/Petitioner: ....
24Address: ........................................
25Telephone Number: ...............................
26    (3.2) The Order of Expungement shall be in substantially

 

 

SB2590- 142 -LRB100 17152 MRW 32306 b

1the following form:
2
IN THE CIRCUIT COURT OF ....., ILLINOIS
3
.... JUDICIAL CIRCUIT

 
4IN THE INTEREST OF )    NO.
5                   )
6                   )
7...................)
8(Name of Petitioner)
 
9DOB ................
10Arresting Agency/Agencies ......
11
ORDER OF EXPUNGEMENT
12
(705 ILCS 405/5-915 (SUBSECTION 3))
13This matter having been heard on the petitioner's motion and
14the court being fully advised in the premises does find that
15the petitioner is indigent or has presented reasonable cause to
16waive all costs in this matter, IT IS HEREBY ORDERED that:
17    ( ) 1. Clerk of Court and Department of State Police costs
18are hereby waived in this matter.
19    ( ) 2. The Illinois State Police Bureau of Identification
20and the following law enforcement agencies expunge all records
21of petitioner relating to an arrest dated ...... for the
22offense of ......
23
Law Enforcement Agencies:
24
.........................

 

 

SB2590- 143 -LRB100 17152 MRW 32306 b

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

 
16IN THE INTEREST OF )    NO.
17                   )
18                   )
19...................)
20(Name of Petitioner)
 
21
NOTICE OF OBJECTION
22TO:(Attorney, Public Defender, Minor)
23.................................
24.................................

 

 

SB2590- 144 -LRB100 17152 MRW 32306 b

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

 

 

SB2590- 145 -LRB100 17152 MRW 32306 b

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

 

 

SB2590- 146 -LRB100 17152 MRW 32306 b

1treated as if it never occurred. Law enforcement officers and
2other public offices and agencies shall properly reply on
3inquiry that no record or file exists with respect to the
4person.
5    (a-5) Local law enforcement agencies shall send written
6notice to the minor of the expungement of any records within 60
7days of automatic expungement or the date of service of an
8expungement order, whichever applies. If a minor's court file
9has been expunged, the clerk of the circuit court shall send
10written notice to the minor of the expungement of any records
11within 60 days of automatic expungement or the date of service
12of an expungement order, whichever applies.
13    (b) Except with respect to authorized military personnel,
14an expunged juvenile record may not be considered by any
15private or public entity in employment matters, certification,
16licensing, revocation of certification or licensure, or
17registration. Applications for employment within the State
18must contain specific language that states that the applicant
19is not obligated to disclose expunged juvenile records of
20adjudication or arrest. Employers may not ask, in any format or
21context, if an applicant has had a juvenile record expunged.
22Information about an expunged record obtained by a potential
23employer, even inadvertently, from an employment application
24that does not contain specific language that states that the
25applicant is not obligated to disclose expunged juvenile
26records of adjudication or arrest, shall be treated as

 

 

SB2590- 147 -LRB100 17152 MRW 32306 b

1dissemination of an expunged record by the employer.
2    (c) A person whose juvenile records have been expunged is
3not entitled to remission of any fines, costs, or other money
4paid as a consequence of expungement.
5    (5) (Blank).,
6    (5.5) Whether or not expunged, records eligible for
7automatic expungement under subdivision (0.1)(a), (0.2)(a), or
8(0.3)(a) may be treated as expunged by the individual subject
9to the records.
10    (6) Nothing in this Section shall be construed to prohibit
11the maintenance of information relating to an offense after
12records or files concerning the offense have been expunged if
13the information is kept in a manner that does not enable
14identification of the individual. This information may only be
15used for anonymous statistical and bona fide research purposes.
16    (6.5) The Department of State Police or any employee of the
17Department shall be immune from civil or criminal liability for
18failure to expunge any records of arrest that are subject to
19expungement under this Section because of inability to verify a
20record. Nothing in this Section shall create Department of
21State Police liability or responsibility for the expungement of
22law enforcement 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.

 

 

SB2590- 148 -LRB100 17152 MRW 32306 b

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    laws, including both automatic expungement and expungement
7    by petition;
8        (ii) The circumstances under which juvenile
9    expungement may occur;
10        (iii) The juvenile offenses that may be expunged;
11        (iv) The steps necessary to initiate and complete the
12    juvenile expungement process; and
13        (v) Directions on how to contact the State Appellate
14    Defender.
15    (c) The State Appellate Defender shall establish and
16maintain a statewide toll-free telephone number that a person
17may use to receive information or assistance concerning the
18expungement of juvenile records. The State Appellate Defender
19shall advertise the toll-free telephone number statewide. The
20State Appellate Defender shall develop an expungement
21information packet that may be sent to eligible persons seeking
22expungement of their juvenile records, which may include, but
23is not limited to, a pre-printed expungement petition with
24instructions on how to complete the petition and a pamphlet
25containing information that would assist individuals through
26the juvenile expungement process.

 

 

SB2590- 149 -LRB100 17152 MRW 32306 b

1    (d) The State Appellate Defender shall compile a statewide
2list of volunteer attorneys willing to assist eligible
3individuals through the juvenile expungement process.
4    (e) This Section shall be implemented from funds
5appropriated by the General Assembly to the State Appellate
6Defender for this purpose. The State Appellate Defender shall
7employ the necessary staff and adopt the necessary rules for
8implementation of this Section.
9    (7.5) (a) Willful dissemination of any information
10contained in an expunged record shall be treated as a Class C
11misdemeanor and punishable by a fine of $1,000 per violation.
12    (b) Willful dissemination for financial gain of any
13information contained in an expunged record shall be treated as
14a Class 4 felony. Dissemination for financial gain by an
15employee of any municipal, county, or State agency, including
16law enforcement, shall result in immediate termination.
17    (c) The person whose record was expunged has a right of
18action against any person who intentionally disseminates an
19expunged record. In the proceeding, punitive damages up to an
20amount of $1,000 may be sought in addition to any actual
21damages. The prevailing party shall be entitled to costs and
22reasonable attorney fees.
23    (d) The punishments for dissemination of an expunged record
24shall never apply to the person whose record was expunged.
25    (8)(a) An expunged juvenile record may not be considered by
26any private or public entity in employment matters,

 

 

SB2590- 150 -LRB100 17152 MRW 32306 b

1certification, licensing, revocation of certification or
2licensure, or registration. Applications for employment must
3contain specific language that states that the applicant is not
4obligated to disclose expunged juvenile records of
5adjudication, conviction, or arrest. Employers may not ask if
6an applicant has had a juvenile record expunged. Effective
7January 1, 2005, the Department of Labor shall develop a link
8on the Department's website to inform employers that employers
9may not ask if an applicant had a juvenile record expunged and
10that application for employment must contain specific language
11that states that the applicant is not obligated to disclose
12expunged juvenile records of adjudication, arrest, or
13conviction.
14    (b) (Blank). Public Act 93-912
15    (c) The expungement of juvenile records under subsection
16subsections 0.1, 0.2, or 0.3 of this Section shall be funded by
17appropriation by the General Assembly for that purpose the
18additional fine imposed under Section 5-9-1.17 of the Unified
19Code of Corrections.
20    (9) (Blank).
21    (10) (Blank). Public Act 98-637 Public Act 98-637
22(Source: P.A. 99-835, eff. 1-1-17; 99-881, eff. 1-1-17;
23100-201, eff. 8-18-17; 100-285, eff. 1-1-18; revised
2410-10-17.)
 
25    Section 905-65. The Criminal Code of 2012 is amended by

 

 

SB2590- 151 -LRB100 17152 MRW 32306 b

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

 

 

SB2590- 152 -LRB100 17152 MRW 32306 b

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

 

 

SB2590- 153 -LRB100 17152 MRW 32306 b

1conviction under the law of another jurisdiction for an offense
2that could be charged in this State as a domestic battery or
3violation of an order of protection. Violation of an order of
4protection is a Class 4 felony if the defendant has any prior
5conviction under this Code for first degree murder (Section
69-1), attempt to commit first degree murder (Section 8-4),
7aggravated domestic battery (Section 12-3.3), aggravated
8battery (Section 12-3.05 or 12-4), heinous battery (Section
912-4.1), aggravated battery with a firearm (Section 12-4.2),
10aggravated battery with a machine gun or a firearm equipped
11with a silencer (Section 12-4.2-5), aggravated battery of a
12child (Section 12-4.3), aggravated battery of an unborn child
13(subsection (a-5) of Section 12-3.1, or Section 12-4.4),
14aggravated battery of a senior citizen (Section 12-4.6),
15stalking (Section 12-7.3), aggravated stalking (Section
1612-7.4), criminal sexual assault (Section 11-1.20 or 12-13),
17aggravated criminal sexual assault (Section 11-1.30 or 12-14),
18kidnapping (Section 10-1), aggravated kidnapping (Section
1910-2), predatory criminal sexual assault of a child (Section
2011-1.40 or 12-14.1), aggravated criminal sexual abuse (Section
2111-1.60 or 12-16), unlawful restraint (Section 10-3),
22aggravated unlawful restraint (Section 10-3.1), aggravated
23arson (Section 20-1.1), aggravated discharge of a firearm
24(Section 24-1.2), or a violation of any former law of this
25State that is substantially similar to any listed offense, or
26any prior conviction under the law of another jurisdiction for

 

 

SB2590- 154 -LRB100 17152 MRW 32306 b

1an offense that could be charged in this State as one of the
2offenses listed in this Section, when any of these offenses
3have been committed against a family or household member as
4defined in Section 112A-3 of the Code of Criminal Procedure of
51963. The court shall impose a minimum penalty of 24 hours
6imprisonment for defendant's second or subsequent violation of
7any order of protection; unless the court explicitly finds that
8an increased penalty or such period of imprisonment would be
9manifestly unjust. In addition to any other penalties, the
10court may order the defendant to pay a fine as authorized under
11Section 5-9-1 of the Unified Code of Corrections or to make
12restitution to the victim under Section 5-5-6 of the Unified
13Code of Corrections. In addition to any other penalties,
14including those imposed by Section 5-9-1.5 of the Unified Code
15of Corrections, the court shall impose an additional fine of
16$20 as authorized by Section 5-9-1.11 of the Unified Code of
17Corrections upon any person convicted of or placed on
18supervision for a violation of this Section. The additional
19fine shall be imposed for each violation of this Section.
20    (e) (Blank).
21    (f) A defendant who directed the actions of a third party
22to violate this Section, under the principles of accountability
23set forth in Article 5 of this Code, is guilty of violating
24this Section as if the same had been personally done by the
25defendant, without regard to the mental state of the third
26party acting at the direction of the defendant.

 

 

SB2590- 155 -LRB100 17152 MRW 32306 b

1(Source: P.A. 96-1551, Article 1, Section 5, eff. 7-1-11;
296-1551, Article 2, Section 1035, eff. 7-1-11; incorporates
397-311, eff. 8-11-11; 97-919, eff. 8-10-12; 97-1109, eff.
41-1-13.)
 
5    (720 ILCS 550/10.3 rep.)
6    Section 905-67. The Cannabis Control Act is amended by
7repealing Section 10.3.
 
8    Section 905-70. The Illinois Controlled Substances Act is
9amended by changing Section 411.2 as follows:
 
10    (720 ILCS 570/411.2)  (from Ch. 56 1/2, par. 1411.2)
11    Sec. 411.2. Drug Treatment Fund; drug treatment grants.
12    (a) (Blank). Every person convicted of a violation of this
13Act, and every person placed on probation, conditional
14discharge, supervision or probation under Section 410 of this
15Act, shall be assessed for each offense a sum fixed at:
16        (1) $3,000 for a Class X felony;
17        (2) $2,000 for a Class 1 felony;
18        (3) $1,000 for a Class 2 felony;
19        (4) $500 for a Class 3 or Class 4 felony;
20        (5) $300 for a Class A misdemeanor;
21        (6) $200 for a Class B or Class C misdemeanor.
22    (b) (Blank). The assessment under this Section is in
23addition to and not in lieu of any fines, restitution costs,

 

 

SB2590- 156 -LRB100 17152 MRW 32306 b

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

 

 

SB2590- 157 -LRB100 17152 MRW 32306 b

1service shall be a condition of the probation, conditional
2discharge or supervision and shall be in addition to the
3performance of any other period of public or community service
4ordered by the court or required by law.
5    (f) (Blank). The court may suspend the collection of the
6assessment imposed under this Section; provided the defendant
7agrees to enter a substance abuse intervention or treatment
8program approved by the court; and further provided that the
9defendant agrees to pay for all or some portion of the costs
10associated with the intervention or treatment program. In this
11case, the collection of the assessment imposed under this
12Section shall be suspended during the defendant's
13participation in the approved intervention or treatment
14program. Upon successful completion of the program, the
15defendant 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 assessments

 

 

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

 

 

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

 

 

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1controlled substances, or with care for minor, unemancipated
2children or women undergoing residential drug treatment, the
3funds shall be used for the treatment of any person addicted to
4alcohol, cannabis or controlled substances. The Department may
5adopt such rules as it deems appropriate for the administration
6of such grants.
7(Source: P.A. 97-334, eff. 1-1-12.)
 
8    (720 ILCS 570/411.4 rep.)
9    Section 905-73. The Illinois Controlled Substances Act is
10amended by repealing Section 411.4.
 
11    Section 905-75. The Methamphetamine Control and Community
12Protection Act is amended by changing Sections 80 and 90 as
13follows:
 
14    (720 ILCS 646/80)
15    Sec. 80. Drug treatment grants Assessment.
16    (a) (Blank). Every person convicted of a violation of this
17Act, and every person placed on probation, conditional
18discharge, supervision, or probation under this Act, shall be
19assessed for each offense a sum fixed at:
20        (1) $3,000 for a Class X felony;
21        (2) $2,000 for a Class 1 felony;
22        (3) $1,000 for a Class 2 felony;
23        (4) $500 for a Class 3 or Class 4 felony.

 

 

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

 

 

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1assessment into court-approved public or community service.
2One hour of public or community service shall be equivalent to
3$4 of assessment. The performance of this public or community
4service shall be a condition of the probation, conditional
5discharge, or supervision and shall be in addition to the
6performance of any other period of public or community service
7ordered by the court or required by law.
8    (f) (Blank). The court may suspend the collection of the
9assessment imposed under this Section if the defendant agrees
10to enter a substance abuse intervention or treatment program
11approved by the court and the defendant agrees to pay for all
12or some portion of the costs associated with the intervention
13or treatment program. In this case, the collection of the
14assessment imposed under this Section shall be suspended during
15the defendant's participation in the approved intervention or
16treatment program. Upon successful completion of the program,
17the defendant may apply to the court to reduce the assessment
18imposed under this Section by any amount actually paid by the
19defendant for his or her participation in the program. The
20court shall not reduce the penalty under this subsection unless
21the defendant establishes to the satisfaction of the court that
22he or she has successfully completed the intervention or
23treatment program. If the defendant's participation is for any
24reason terminated before his or her successful completion of
25the intervention or treatment program, collection of the entire
26assessment imposed under this Section shall be enforced.

 

 

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1Nothing in this Section shall be deemed to affect or suspend
2any other fines, restitution costs, forfeitures, or
3assessments imposed under this or any other Act.
4    (g) (Blank). The court shall not impose more than one
5assessment per complaint, indictment, or information. If the
6person is convicted of more than one offense in a complaint,
7indictment, or information, the assessment shall be based on
8the highest class offense for which the person is convicted.
9    (h) In counties with a population under 3,000,000, all
10moneys collected under this Section shall be forwarded by the
11clerk of the circuit court to the State Treasurer for deposit
12in the Drug Treatment Fund. The Department of Human Services
13may make grants to persons licensed under Section 15-10 of the
14Alcoholism and Other Drug Abuse and Dependency Act or to
15municipalities or counties from funds appropriated to the
16Department from the Drug Treatment Fund for the treatment of
17pregnant women who are addicted to alcohol, cannabis or
18controlled substances and for the needed care of minor,
19unemancipated children of women undergoing residential drug
20treatment. If the Department of Human Services grants funds to
21a municipality or a county that the Department determines is
22not experiencing a problem with pregnant women addicted to
23alcohol, cannabis or controlled substances, or with care for
24minor, unemancipated children of women undergoing residential
25drug treatment, or intervention, the funds shall be used for
26the treatment of any person addicted to alcohol, cannabis, or

 

 

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

 

 

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

 

 

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

 

 

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1    Section 905-80. The Code of Criminal Procedure of 1963 is
2amended by adding Section 124A-20 as follows:
 
3    (725 ILCS 5/124A-20 new)
4    Sec. 124A-20. Assessment waiver.
5    (a) As used in this Section:
6        "Assessments" means any costs imposed on a criminal
7    defendant under Article 15 of the Criminal and Traffic
8    Assessment Act, but does not include traffic violation
9    assessments.
10        "Indigent person" means any person who meets one or
11    more of the following criteria:
12            (1) He or she is receiving assistance under one or
13        more of the following means-based governmental public
14        benefits programs: Supplemental Security Income; Aid
15        to the Aged, Blind and Disabled; Temporary Assistance
16        for Needy Families; Supplemental Nutrition Assistance
17        Program; General Assistance; Transitional Assistance;
18        or State Children and Family Assistance.
19            (2) His or her available personal income is 200% or
20        less of the current poverty level, unless the
21        applicant's assets that are not exempt under Part 9 or
22        10 of Article XII of the Code of Civil Procedure are of
23        a nature and value that the court determines that the
24        applicant is able to pay the assessments.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

SB2590- 172 -LRB100 17152 MRW 32306 b

1offense listed below, or placed on supervision for that offense
2on or after July 1, 2012, the court shall impose the following
3fines:
4        (1) $100 for any felony;
5        (2) $50 for any offense under the Illinois Vehicle
6    Code, exclusive of offenses enumerated in paragraph (a)(2)
7    of Section 6-204 of that Code, and exclusive of any offense
8    enumerated in Article VI of Chapter 11 of that Code
9    relating to restrictions, regulations, and limitations on
10    the speed at which a motor vehicle is driven or operated;
11    and
12        (3) $75 for any misdemeanor, excluding a conservation
13    offense.
14    Notwithstanding any other provision of this Section, the
15penalty established in this Section shall be assessed for any
16violation of Section 11-601.5, 11-605.2, or 11-605.3 of the
17Illinois Vehicle Code.
18    The Clerk of the Circuit Court shall remit moneys collected
19under this subsection (b) within one month after receipt to the
20State Treasurer for deposit into the Violent Crime Victims
21Assistance Fund, except as provided in subsection (g) of this
22Section. Such additional penalty shall not be considered a part
23of the fine for purposes of any reduction made in the fine for
24time served either before or after sentencing. Not later than
25March 1 of each year the Clerk of the Circuit Court shall
26submit to the State Comptroller a report of the amount of funds

 

 

SB2590- 173 -LRB100 17152 MRW 32306 b

1remitted by him to the State Treasurer under this Section
2during the preceding calendar year.
3    (c) (Blank). The charge imposed by subsection (b) shall not
4be subject to the provisions of Section 110-14 of the Code of
5Criminal Procedure of 1963.
6    (d) Monies forfeited, and proceeds from the sale of
7property forfeited and seized, under the forfeiture provisions
8set forth in Part 500 of Article 124B of the Code of Criminal
9Procedure of 1963 shall be accepted for the Violent Crime
10Victims Assistance Fund.
11    (e) Investment income which is attributable to the
12investment of monies in the Violent Crime Victims Assistance
13Fund shall be credited to that fund for uses specified in this
14Act. The Treasurer shall provide the Attorney General a monthly
15status report on the amount of money in the Fund.
16    (f) Monies from the fund may be granted on and after July
171, 1984.
18    (g) (Blank). All amounts and charges imposed under this
19Section for any violation of Chapters 3, 4, 6, and 11 of the
20Illinois Vehicle Code, or a similar provision of a local
21ordinance, or any violation of the Child Passenger Protection
22Act, or a similar provision of a local ordinance, shall be
23collected and disbursed by the circuit clerk as provided under
24Section 27.5 of the Clerks of Courts Act.
25(Source: P.A. 96-712, eff. 1-1-10; 97-108, eff. 7-14-11;
2697-816, eff. 7-16-12.)
 

 

 

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1    Section 905-90. The Unified Code of Corrections is amended
2by changing Sections 5-4-3, 5-4.5-50, 5-4.5-55, 5-4.5-60,
35-4.5-65, 5-4.5-75, 5-4.5-80, 5-5-3, 5-5-6, 5-6-1, 5-6-3,
45-6-3.1, 5-7-1, 5-9-1, 5-9-1.4, 5-9-1.7, 5-9-1.9, 5-9-1.11,
55-9-1.16, and 5-9-1.21 as follows:
 
6    (730 ILCS 5/5-4-3)  (from Ch. 38, par. 1005-4-3)
7    Sec. 5-4-3. Specimens; genetic marker groups.
8    (a) Any person convicted of, found guilty under the
9Juvenile Court Act of 1987 for, or who received a disposition
10of court supervision for, a qualifying offense or attempt of a
11qualifying offense, convicted or found guilty of any offense
12classified as a felony under Illinois law, convicted or found
13guilty of any offense requiring registration under the Sex
14Offender Registration Act, found guilty or given supervision
15for any offense classified as a felony under the Juvenile Court
16Act of 1987, convicted or found guilty of, under the Juvenile
17Court Act of 1987, any offense requiring registration under the
18Sex Offender Registration Act, or institutionalized as a
19sexually dangerous person under the Sexually Dangerous Persons
20Act, or committed as a sexually violent person under the
21Sexually Violent Persons Commitment Act shall, regardless of
22the sentence or disposition imposed, be required to submit
23specimens of blood, saliva, or tissue to the Illinois
24Department of State Police in accordance with the provisions of

 

 

SB2590- 175 -LRB100 17152 MRW 32306 b

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

 

 

SB2590- 176 -LRB100 17152 MRW 32306 b

1    attempt to commit a sexual offense; or
2        (4.5) ordered committed as a sexually violent person on
3    or after the effective date of the Sexually Violent Persons
4    Commitment Act.
5    (a-1) Any person incarcerated in a facility of the Illinois
6Department of Corrections or the Illinois Department of
7Juvenile Justice on or after August 22, 2002, whether for a
8term of years, natural life, or a sentence of death, who has
9not yet submitted a specimen of blood, saliva, or tissue shall
10be required to submit a specimen of blood, saliva, or tissue
11prior to his or her final discharge, or release on parole,
12aftercare release, or mandatory supervised release, as a
13condition of his or her parole, aftercare release, or mandatory
14supervised release, or within 6 months from August 13, 2009
15(the effective date of Public Act 96-426), whichever is sooner.
16A person incarcerated on or after August 13, 2009 (the
17effective date of Public Act 96-426) shall be required to
18submit a specimen within 45 days of incarceration, or prior to
19his or her final discharge, or release on parole, aftercare
20release, or mandatory supervised release, as a condition of his
21or her parole, aftercare release, or mandatory supervised
22release, whichever is sooner. These specimens shall be placed
23into the State or national DNA database, to be used in
24accordance with other provisions of this Section, by the
25Illinois State Police.
26    (a-2) Any person sentenced to life imprisonment in a

 

 

SB2590- 177 -LRB100 17152 MRW 32306 b

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

 

 

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

 

 

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1a disposition of court supervision for any other offense under
2the Criminal Code of 1961 or the Criminal Code of 2012 or who
3was found guilty or given supervision for such a violation
4under the Juvenile Court Act of 1987, may, regardless of the
5sentence imposed, be required by an order of the court to
6submit specimens of blood, saliva, or tissue to the Illinois
7Department of State Police in accordance with the provisions of
8this Section.
9    (b) Any person required by paragraphs (a)(1), (a)(1.5),
10(a)(2), (a)(3.5), and (a-5) to provide specimens of blood,
11saliva, or tissue shall provide specimens of blood, saliva, or
12tissue within 45 days after sentencing or disposition at a
13collection site designated by the Illinois Department of State
14Police.
15    (c) Any person required by paragraphs (a)(3), (a)(4), and
16(a)(4.5) to provide specimens of blood, saliva, or tissue shall
17be required to provide such specimens prior to final discharge
18or within 6 months from August 13, 2009 (the effective date of
19Public Act 96-426), whichever is sooner. These specimens shall
20be placed into the State or national DNA database, to be used
21in accordance with other provisions of this Act, by the
22Illinois State Police.
23    (c-5) Any person required by paragraph (a-3) to provide
24specimens of blood, saliva, or tissue shall, where feasible, be
25required to provide the specimens before being accepted for
26conditioned residency in Illinois under the interstate compact

 

 

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1or agreement, but no later than 45 days after arrival in this
2State.
3    (c-5.2) Unless it is determined that a registered sex
4offender has previously submitted a specimen of blood, saliva,
5or tissue that has been placed into the State DNA database, a
6person registering as a sex offender shall be required to
7submit a specimen at the time of his or her initial
8registration pursuant to the Sex Offender Registration Act or,
9for a person registered as a sex offender on or prior to
10January 1, 2012 (the effective date of Public Act 97-383),
11within one year of January 1, 2012 (the effective date of
12Public Act 97-383) or at the time of his or her next required
13registration.
14    (c-6) The Illinois Department of State Police may determine
15which type of specimen or specimens, blood, saliva, or tissue,
16is acceptable for submission to the Division of Forensic
17Services for analysis. The Illinois Department of State Police
18may require the submission of fingerprints from anyone required
19to give a specimen under this Act.
20    (d) The Illinois Department of State Police shall provide
21all equipment and instructions necessary for the collection of
22blood specimens. The collection of specimens shall be performed
23in a medically approved manner. Only a physician authorized to
24practice medicine, a registered nurse or other qualified person
25trained in venipuncture may withdraw blood for the purposes of
26this Act. The specimens shall thereafter be forwarded to the

 

 

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

 

 

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

 

 

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1assisting in the defense of the criminally accused pursuant to
2Section 116-5 of the Code of Criminal Procedure of 1963, or
3(vi) identifying and assisting in the prosecution of a person
4who is suspected of committing a sexual assault as defined in
5Section 1a of the Sexual Assault Survivors Emergency Treatment
6Act. Notwithstanding any other statutory provision to the
7contrary, all information obtained under this Section shall be
8maintained in a single State data base, which may be uploaded
9into a national database, and which information may be subject
10to expungement only as set forth in subsection (f-1).
11    (f-1) Upon receipt of notification of a reversal of a
12conviction based on actual innocence, or of the granting of a
13pardon pursuant to Section 12 of Article V of the Illinois
14Constitution, if that pardon document specifically states that
15the reason for the pardon is the actual innocence of an
16individual whose DNA record has been stored in the State or
17national DNA identification index in accordance with this
18Section by the Illinois Department of State Police, the DNA
19record shall be expunged from the DNA identification index, and
20the Department shall by rule prescribe procedures to ensure
21that the record and any specimens, analyses, or other documents
22relating to such record, whether in the possession of the
23Department or any law enforcement or police agency, or any
24forensic DNA laboratory, including any duplicates or copies
25thereof, are destroyed and a letter is sent to the court
26verifying the expungement is completed. For specimens required

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1the prosecuting agency. For the purposes of this subsection
2(n), "forensic testing" includes the analysis of physical
3evidence in an investigation or other proceeding for the
4prosecution of a violation of the Criminal Code of 1961 or the
5Criminal Code of 2012 or for matters adjudicated under the
6Juvenile Court Act of 1987, and includes the use of forensic
7databases and databanks, including DNA, firearm, and
8fingerprint databases, and expert testimony.
9    (o) Mistake does not invalidate a database match. The
10detention, arrest, or conviction of a person based upon a
11database match or database information is not invalidated if it
12is determined that the specimen was obtained or placed in the
13database by mistake.
14    (p) This Section may be referred to as the Illinois DNA
15Database Law of 2011.
16(Source: P.A. 97-383, eff. 1-1-12; 97-1109, eff. 1-1-13;
1797-1150, eff. 1-25-13; 98-558, eff. 1-1-14.)
 
18    (730 ILCS 5/5-4.5-50)
19    Sec. 5-4.5-50. SENTENCE PROVISIONS; ALL FELONIES. Except
20as otherwise provided, for all felonies:
21    (a) NO SUPERVISION. The court, upon a plea of guilty or a
22stipulation by the defendant of the facts supporting the charge
23or a finding of guilt, may not defer further proceedings and
24the imposition of a sentence and may not enter an order for
25supervision of the defendant.

 

 

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

 

 

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

 

 

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

 

 

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1shall be made within 30 days after the defendant has completed
2the sentence imposed by the other state or district court of
3the United States.
4    (g) NO REQUIRED BIRTH CONTROL. A court may not impose a
5sentence or disposition that requires the defendant to be
6implanted or injected with or to use any form of birth control.
7(Source: P.A. 95-1052, eff. 7-1-09.)
 
8    (730 ILCS 5/5-4.5-55)
9    Sec. 5-4.5-55. CLASS A MISDEMEANORS; SENTENCE. For a Class
10A misdemeanor:
11    (a) TERM. The sentence of imprisonment shall be a
12determinate sentence of less than one year.
13    (b) PERIODIC IMPRISONMENT. A sentence of periodic
14imprisonment shall be for a definite term of less than one
15year, except as otherwise provided in Section 5-5-3 or 5-7-1
16(730 ILCS 5/5-5-3 or 5/5-7-1).
17    (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS
185/5-8-1.2) concerning eligibility for the county impact
19incarceration program.
20    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
21in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
22period of probation or conditional discharge shall not exceed 2
23years. The court shall specify the conditions of probation or
24conditional discharge as set forth in Section 5-6-3 (730 ILCS
255/5-6-3).

 

 

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1    (e) FINE. Unless otherwise specified by law, the minimum
2fine is $25. A fine not to exceed $2,500 for each offense or
3the amount specified in the offense, whichever is greater, may
4be imposed. A fine may be imposed in addition to a sentence of
5conditional discharge, probation, periodic imprisonment, or
6imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V,
7Art. 9) for imposition of additional amounts and determination
8of amounts and payment. If the court finds that the fine would
9impose an undue burden on the victim, the court may reduce or
10waive the fine.
11    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
12concerning restitution.
13    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
14be concurrent or consecutive as provided in Section 5-8-4 (730
15ILCS 5/5-8-4).
16    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
17Act (730 ILCS 166/20) concerning eligibility for a drug court
18program.
19    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
20ILCS 5/5-4.5-100) concerning credit for time spent in home
21detention prior to judgment.
22    (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good
23Behavior Allowance Act (730 ILCS 130/) for rules and
24regulations for good behavior allowance.
25    (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
265-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for

 

 

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1electronic monitoring and home detention.
2(Source: P.A. 100-431, eff. 8-25-17.)
 
3    (730 ILCS 5/5-4.5-60)
4    Sec. 5-4.5-60. CLASS B MISDEMEANORS; SENTENCE. For a Class
5B misdemeanor:
6    (a) TERM. The sentence of imprisonment shall be a
7determinate sentence of not more than 6 months.
8    (b) PERIODIC IMPRISONMENT. A sentence of periodic
9imprisonment shall be for a definite term of up to 6 months or
10as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).
11    (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS
125/5-8-1.2) concerning eligibility for the county impact
13incarceration program.
14    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
15in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or
16conditional discharge shall not exceed 2 years. The court shall
17specify the conditions of probation or conditional discharge as
18set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
19    (e) FINE. Unless otherwise specified by law, the minimum
20fine is $25. A fine not to exceed $1,500 for each offense or
21the amount specified in the offense, whichever is greater, may
22be imposed. A fine may be imposed in addition to a sentence of
23conditional discharge, probation, periodic imprisonment, or
24imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V,
25Art. 9) for imposition of additional amounts and determination

 

 

SB2590- 196 -LRB100 17152 MRW 32306 b

1of amounts and payment. If the court finds that the fine would
2impose an undue burden on the victim, the court may reduce or
3waive the fine.
4    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
5concerning restitution.
6    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
7be concurrent or consecutive as provided in Section 5-8-4 (730
8ILCS 5/5-8-4).
9    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
10Act (730 ILCS 166/20) concerning eligibility for a drug court
11program.
12    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
13ILCS 5/5-4.5-100) concerning credit for time spent in home
14detention prior to judgment.
15    (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good
16Behavior Allowance Act (730 ILCS 130/) for rules and
17regulations for good behavior allowance.
18    (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
195-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
20electronic monitoring and home detention.
21(Source: P.A. 100-431, eff. 8-25-17.)
 
22    (730 ILCS 5/5-4.5-65)
23    Sec. 5-4.5-65. CLASS C MISDEMEANORS; SENTENCE. For a Class
24C misdemeanor:
25    (a) TERM. The sentence of imprisonment shall be a

 

 

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1determinate sentence of not more than 30 days.
2    (b) PERIODIC IMPRISONMENT. A sentence of periodic
3imprisonment shall be for a definite term of up to 30 days or
4as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).
5    (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS
65/5-8-1.2) concerning eligibility for the county impact
7incarceration program.
8    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
9in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or
10conditional discharge shall not exceed 2 years. The court shall
11specify the conditions of probation or conditional discharge as
12set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
13    (e) FINE. Unless otherwise specified by law, the minimum
14fine is $25. A fine not to exceed $1,500 for each offense or
15the amount specified in the offense, whichever is greater, may
16be imposed. A fine may be imposed in addition to a sentence of
17conditional discharge, probation, periodic imprisonment, or
18imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V,
19Art. 9) for imposition of additional amounts and determination
20of amounts and payment. If the court finds that the fine would
21impose an undue burden on the victim, the court may reduce or
22waive the fine.
23    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
24concerning restitution.
25    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
26be concurrent or consecutive as provided in Section 5-8-4 (730

 

 

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1ILCS 5/5-8-4).
2    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
3Act (730 ILCS 166/20) concerning eligibility for a drug court
4program.
5    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
6ILCS 5/5-4.5-100) concerning credit for time spent in home
7detention prior to judgment.
8    (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good
9Behavior Allowance Act (730 ILCS 130/) for rules and
10regulations for good behavior allowance.
11    (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
125-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
13electronic monitoring and home detention.
14(Source: P.A. 100-431, eff. 8-25-17.)
 
15    (730 ILCS 5/5-4.5-75)
16    Sec. 5-4.5-75. PETTY OFFENSES; SENTENCE. Except as
17otherwise provided, for a petty offense:
18    (a) FINE. Unless otherwise specified by law, the minimum
19fine is $25. A defendant may be sentenced to pay a fine not to
20exceed $1,000 for each offense or the amount specified in the
21offense, whichever is less. A fine may be imposed in addition
22to a sentence of conditional discharge or probation. See
23Article 9 of Chapter V (730 ILCS 5/Ch. V, Art. 9) for
24imposition of additional amounts and determination of amounts
25and payment. If the court finds that the fine would impose an

 

 

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1undue burden on the victim, the court may reduce or waive the
2fine.
3    (b) PROBATION; CONDITIONAL DISCHARGE. Except as provided
4in Section 5-6-2 (730 ILCS 5/5-6-2), a defendant may be
5sentenced to a period of probation or conditional discharge not
6to exceed 6 months. The court shall specify the conditions of
7probation or conditional discharge as set forth in Section
85-6-3 (730 ILCS 5/5-6-3).
9    (c) RESTITUTION. A defendant may be sentenced to make
10restitution to the victim under Section 5-5-6 (730 ILCS
115/5-5-6).
12    (d) SUPERVISION; ORDER. The court, upon a plea of guilty or
13a stipulation by the defendant of the facts supporting the
14charge or a finding of guilt, may defer further proceedings and
15the imposition of a sentence and may enter an order for
16supervision of the defendant. If the defendant is not barred
17from receiving an order for supervision under Section 5-6-1
18(730 ILCS 5/5-6-1) or otherwise, the court may enter an order
19for supervision after considering the circumstances of the
20offense, and the history, character, and condition of the
21offender, if the court is of the opinion that:
22        (1) the defendant is not likely to commit further
23    crimes;
24        (2) the defendant and the public would be best served
25    if the defendant were not to receive a criminal record; and
26        (3) in the best interests of justice, an order of

 

 

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

 

 

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1a period of conditional discharge. The court shall specify the
2conditions of conditional discharge as set forth in Section
35-6-3 (730 ILCS 5/5-6-3).
4    (c) RESTITUTION. A defendant may be sentenced to make
5restitution to the victim under Section 5-5-6 (730 ILCS
65/5-5-6).
7    (d) SUPERVISION; ORDER. The court, upon a plea of guilty or
8a stipulation by the defendant of the facts supporting the
9charge or a finding of guilt, may defer further proceedings and
10the imposition of a sentence and may enter an order for
11supervision of the defendant. If the defendant is not barred
12from receiving an order for supervision under Section 5-6-1
13(730 ILCS 5/5-6-1) or otherwise, the court may enter an order
14for supervision after considering the circumstances of the
15offense, and the history, character, and condition of the
16offender, if the court is of the opinion that:
17        (1) the defendant is not likely to commit further
18    crimes;
19        (2) the defendant and the public would be best served
20    if the defendant were not to receive a criminal record; and
21        (3) in the best interests of justice, an order of
22    supervision is more appropriate than a sentence otherwise
23    permitted under this Code.
24    (e) SUPERVISION; PERIOD. When a defendant is placed on
25supervision, the court shall enter an order for supervision
26specifying the period of supervision, and shall defer further

 

 

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

 

 

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1    than 5 grams of a substance containing fentanyl or an
2    analog thereof.
3        (D-5) A violation of subdivision (c)(1) of Section 401
4    of the Illinois Controlled Substances Act which relates to
5    3 or more grams of a substance containing heroin or an
6    analog thereof.
7        (E) (Blank).
8        (F) A Class 1 or greater felony if the offender had
9    been convicted of a Class 1 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 1 or greater felony) classified as a Class
14    1 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-3) A Class 2 or greater felony sex offense or felony
20    firearm offense if the offender had been convicted of a
21    Class 2 or greater felony, including any state or federal
22    conviction for an offense that contained, at the time it
23    was committed, the same elements as an offense now (the
24    date of the offense committed after the prior Class 2 or
25    greater felony) classified as a Class 2 or greater felony,
26    within 10 years of the date on which the offender committed

 

 

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1    the offense for which he or she is being sentenced, except
2    as otherwise provided in Section 40-10 of the Alcoholism
3    and Other Drug Abuse and Dependency Act.
4        (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
5    the Criminal Code of 1961 or the Criminal Code of 2012 for
6    which imprisonment is prescribed in those Sections.
7        (G) Residential burglary, except as otherwise provided
8    in Section 40-10 of the Alcoholism and Other Drug Abuse and
9    Dependency Act.
10        (H) Criminal sexual assault.
11        (I) Aggravated battery of a senior citizen as described
12    in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
13    of the Criminal Code of 1961 or the Criminal Code of 2012.
14        (J) A forcible felony if the offense was related to the
15    activities of an organized gang.
16        Before July 1, 1994, for the purposes of this
17    paragraph, "organized gang" means an association of 5 or
18    more persons, with an established hierarchy, that
19    encourages members of the association to perpetrate crimes
20    or provides support to the members of the association who
21    do commit crimes.
22        Beginning July 1, 1994, for the purposes of this
23    paragraph, "organized gang" has the meaning ascribed to it
24    in Section 10 of the Illinois Streetgang Terrorism Omnibus
25    Prevention Act.
26        (K) Vehicular hijacking.

 

 

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1        (L) A second or subsequent conviction for the offense
2    of hate crime when the underlying offense upon which the
3    hate crime is based is felony aggravated assault or felony
4    mob action.
5        (M) A second or subsequent conviction for the offense
6    of institutional vandalism if the damage to the property
7    exceeds $300.
8        (N) A Class 3 felony violation of paragraph (1) of
9    subsection (a) of Section 2 of the Firearm Owners
10    Identification Card Act.
11        (O) A violation of Section 12-6.1 or 12-6.5 of the
12    Criminal Code of 1961 or the Criminal Code of 2012.
13        (P) A violation of paragraph (1), (2), (3), (4), (5),
14    or (7) of subsection (a) of Section 11-20.1 of the Criminal
15    Code of 1961 or the Criminal Code of 2012.
16        (Q) A violation of subsection (b) or (b-5) of Section
17    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
18    Code of 1961 or the Criminal Code of 2012.
19        (R) A violation of Section 24-3A of the Criminal Code
20    of 1961 or the Criminal Code of 2012.
21        (S) (Blank).
22        (T) (Blank).
23        (U) A second or subsequent violation of Section 6-303
24    of the Illinois Vehicle Code committed while his or her
25    driver's license, permit, or privilege was revoked because
26    of a violation of Section 9-3 of the Criminal Code of 1961

 

 

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1    or the Criminal Code of 2012, relating to the offense of
2    reckless homicide, or a similar provision of a law of
3    another state.
4        (V) A violation of paragraph (4) of subsection (c) of
5    Section 11-20.1B or paragraph (4) of subsection (c) of
6    Section 11-20.3 of the Criminal Code of 1961, or paragraph
7    (6) of subsection (a) of Section 11-20.1 of the Criminal
8    Code of 2012 when the victim is under 13 years of age and
9    the defendant has previously been convicted under the laws
10    of this State or any other state of the offense of child
11    pornography, aggravated child pornography, aggravated
12    criminal sexual abuse, aggravated criminal sexual assault,
13    predatory criminal sexual assault of a child, or any of the
14    offenses formerly known as rape, deviate sexual assault,
15    indecent liberties with a child, or aggravated indecent
16    liberties with a child where the victim was under the age
17    of 18 years or an offense that is substantially equivalent
18    to those offenses.
19        (W) A violation of Section 24-3.5 of the Criminal Code
20    of 1961 or the Criminal Code of 2012.
21        (X) A violation of subsection (a) of Section 31-1a of
22    the Criminal Code of 1961 or the Criminal Code of 2012.
23        (Y) A conviction for unlawful possession of a firearm
24    by a street gang member when the firearm was loaded or
25    contained firearm ammunition.
26        (Z) A Class 1 felony committed while he or she was

 

 

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1    serving a term of probation or conditional discharge for a
2    felony.
3        (AA) Theft of property exceeding $500,000 and not
4    exceeding $1,000,000 in value.
5        (BB) Laundering of criminally derived property of a
6    value exceeding $500,000.
7        (CC) Knowingly selling, offering for sale, holding for
8    sale, or using 2,000 or more counterfeit items or
9    counterfeit items having a retail value in the aggregate of
10    $500,000 or more.
11        (DD) A conviction for aggravated assault under
12    paragraph (6) of subsection (c) of Section 12-2 of the
13    Criminal Code of 1961 or the Criminal Code of 2012 if the
14    firearm is aimed toward the person against whom the firearm
15    is being used.
16        (EE) A conviction for a violation of paragraph (2) of
17    subsection (a) of Section 24-3B of the Criminal Code of
18    2012.
19    (3) (Blank).
20    (4) A minimum term of imprisonment of not less than 10
21consecutive days or 30 days of community service shall be
22imposed for a violation of paragraph (c) of Section 6-303 of
23the Illinois Vehicle Code.
24    (4.1) (Blank).
25    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
26this subsection (c), a minimum of 100 hours of community

 

 

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1service shall be imposed for a second violation of Section
26-303 of the Illinois Vehicle Code.
3    (4.3) A minimum term of imprisonment of 30 days or 300
4hours of community service, as determined by the court, shall
5be imposed for a second violation of subsection (c) of Section
66-303 of the Illinois Vehicle Code.
7    (4.4) Except as provided in paragraphs (4.5), (4.6), and
8(4.9) of this subsection (c), a minimum term of imprisonment of
930 days or 300 hours of community service, as determined by the
10court, shall be imposed for a third or subsequent violation of
11Section 6-303 of the Illinois Vehicle Code. The court may give
12credit toward the fulfillment of community service hours for
13participation in activities and treatment as determined by
14court services.
15    (4.5) A minimum term of imprisonment of 30 days shall be
16imposed for a third violation of subsection (c) of Section
176-303 of the Illinois Vehicle Code.
18    (4.6) Except as provided in paragraph (4.10) of this
19subsection (c), a minimum term of imprisonment of 180 days
20shall be imposed for a fourth or subsequent violation of
21subsection (c) of Section 6-303 of the Illinois Vehicle Code.
22    (4.7) A minimum term of imprisonment of not less than 30
23consecutive days, or 300 hours of community service, shall be
24imposed for a violation of subsection (a-5) of Section 6-303 of
25the Illinois Vehicle Code, as provided in subsection (b-5) of
26that Section.

 

 

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1    (4.8) A mandatory prison sentence shall be imposed for a
2second violation of subsection (a-5) of Section 6-303 of the
3Illinois Vehicle Code, as provided in subsection (c-5) of that
4Section. The person's driving privileges shall be revoked for a
5period of not less than 5 years from the date of his or her
6release from prison.
7    (4.9) A mandatory prison sentence of not less than 4 and
8not more than 15 years shall be imposed for a third violation
9of subsection (a-5) of Section 6-303 of the Illinois Vehicle
10Code, as provided in subsection (d-2.5) of that Section. The
11person's driving privileges shall be revoked for the remainder
12of his or her life.
13    (4.10) A mandatory prison sentence for a Class 1 felony
14shall be imposed, and the person shall be eligible for an
15extended term sentence, for a fourth or subsequent violation of
16subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
17as provided in subsection (d-3.5) of that Section. The person's
18driving privileges shall be revoked for the remainder of his or
19her life.
20    (5) The court may sentence a corporation or unincorporated
21association convicted of any offense to:
22        (A) a period of conditional discharge;
23        (B) a fine;
24        (C) make restitution to the victim under Section 5-5-6
25    of this Code.
26    (5.1) In addition to any other penalties imposed, and

 

 

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1except as provided in paragraph (5.2) or (5.3), a person
2convicted of violating subsection (c) of Section 11-907 of the
3Illinois Vehicle Code shall have his or her driver's license,
4permit, or privileges suspended for at least 90 days but not
5more than one year, if the violation resulted in damage to the
6property of another person.
7    (5.2) In addition to any other penalties imposed, and
8except as provided in paragraph (5.3), a person convicted of
9violating subsection (c) of Section 11-907 of the Illinois
10Vehicle Code shall have his or her driver's license, permit, or
11privileges suspended for at least 180 days but not more than 2
12years, if the violation resulted in injury to another person.
13    (5.3) In addition to any other penalties imposed, a person
14convicted of violating subsection (c) of Section 11-907 of the
15Illinois Vehicle Code shall have his or her driver's license,
16permit, or privileges suspended for 2 years, if the violation
17resulted in the death of another person.
18    (5.4) In addition to any other penalties imposed, a person
19convicted of violating Section 3-707 of the Illinois Vehicle
20Code shall have his or her driver's license, permit, or
21privileges suspended for 3 months and until he or she has paid
22a reinstatement fee of $100.
23    (5.5) In addition to any other penalties imposed, a person
24convicted of violating Section 3-707 of the Illinois Vehicle
25Code during a period in which his or her driver's license,
26permit, or privileges were suspended for a previous violation

 

 

SB2590- 211 -LRB100 17152 MRW 32306 b

1of that Section shall have his or her driver's license, permit,
2or privileges suspended for an additional 6 months after the
3expiration of the original 3-month suspension and until he or
4she has paid a reinstatement fee of $100.
5    (6) (Blank).
6    (7) (Blank).
7    (8) (Blank).
8    (9) A defendant convicted of a second or subsequent offense
9of ritualized abuse of a child may be sentenced to a term of
10natural life imprisonment.
11    (10) (Blank).
12    (11) The court shall impose a minimum fine of $1,000 for a
13first offense and $2,000 for a second or subsequent offense
14upon a person convicted of or placed on supervision for battery
15when the individual harmed was a sports official or coach at
16any level of competition and the act causing harm to the sports
17official or coach occurred within an athletic facility or
18within the immediate vicinity of the athletic facility at which
19the sports official or coach was an active participant of the
20athletic contest held at the athletic facility. For the
21purposes of this paragraph (11), "sports official" means a
22person at an athletic contest who enforces the rules of the
23contest, such as an umpire or referee; "athletic facility"
24means an indoor or outdoor playing field or recreational area
25where sports activities are conducted; and "coach" means a
26person recognized as a coach by the sanctioning authority that

 

 

SB2590- 212 -LRB100 17152 MRW 32306 b

1conducted the sporting event.
2    (12) A person may not receive a disposition of court
3supervision for a violation of Section 5-16 of the Boat
4Registration and Safety Act if that person has previously
5received a disposition of court supervision for a violation of
6that Section.
7    (13) A person convicted of or placed on court supervision
8for an assault or aggravated assault when the victim and the
9offender are family or household members as defined in Section
10103 of the Illinois Domestic Violence Act of 1986 or convicted
11of domestic battery or aggravated domestic battery may be
12required to attend a Partner Abuse Intervention Program under
13protocols set forth by the Illinois Department of Human
14Services under such terms and conditions imposed by the court.
15The costs of such classes shall be paid by the offender.
16    (d) In any case in which a sentence originally imposed is
17vacated, the case shall be remanded to the trial court. The
18trial court shall hold a hearing under Section 5-4-1 of the
19Unified Code of Corrections which may include evidence of the
20defendant's life, moral character and occupation during the
21time since the original sentence was passed. The trial court
22shall then impose sentence upon the defendant. The trial court
23may impose any sentence which could have been imposed at the
24original trial subject to Section 5-5-4 of the Unified Code of
25Corrections. If a sentence is vacated on appeal or on
26collateral attack due to the failure of the trier of fact at

 

 

SB2590- 213 -LRB100 17152 MRW 32306 b

1trial to determine beyond a reasonable doubt the existence of a
2fact (other than a prior conviction) necessary to increase the
3punishment for the offense beyond the statutory maximum
4otherwise applicable, either the defendant may be re-sentenced
5to a term within the range otherwise provided or, if the State
6files notice of its intention to again seek the extended
7sentence, the defendant shall be afforded a new trial.
8    (e) In cases where prosecution for aggravated criminal
9sexual abuse under Section 11-1.60 or 12-16 of the Criminal
10Code of 1961 or the Criminal Code of 2012 results in conviction
11of a defendant who was a family member of the victim at the
12time of the commission of the offense, the court shall consider
13the safety and welfare of the victim and may impose a sentence
14of probation only where:
15        (1) the court finds (A) or (B) or both are appropriate:
16            (A) the defendant is willing to undergo a court
17        approved counseling program for a minimum duration of 2
18        years; or
19            (B) the defendant is willing to participate in a
20        court approved plan including but not limited to the
21        defendant's:
22                (i) removal from the household;
23                (ii) restricted contact with the victim;
24                (iii) continued financial support of the
25            family;
26                (iv) restitution for harm done to the victim;

 

 

SB2590- 214 -LRB100 17152 MRW 32306 b

1            and
2                (v) compliance with any other measures that
3            the court may deem appropriate; and
4        (2) the court orders the defendant to pay for the
5    victim's counseling services, to the extent that the court
6    finds, after considering the defendant's income and
7    assets, that the defendant is financially capable of paying
8    for such services, if the victim was under 18 years of age
9    at the time the offense was committed and requires
10    counseling as a result of the offense.
11    Probation may be revoked or modified pursuant to Section
125-6-4; except where the court determines at the hearing that
13the defendant violated a condition of his or her probation
14restricting contact with the victim or other family members or
15commits another offense with the victim or other family
16members, the court shall revoke the defendant's probation and
17impose a term of imprisonment.
18    For the purposes of this Section, "family member" and
19"victim" shall have the meanings ascribed to them in Section
2011-0.1 of the Criminal Code of 2012.
21    (f) (Blank).
22    <