Sen. John G. Mulroe

Filed: 4/20/2018

 

 


 

 


 
10000SB2590sam001LRB100 17152 MRW 39040 a

1
AMENDMENT TO SENATE BILL 2590

2    AMENDMENT NO. ______. Amend Senate Bill 2590 by replacing
3everything after the enacting clause with the following:
 
4
"Article 1. General Provisions

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

 

 

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

 

 

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

 

 

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

 

 

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1to, traffic safety programs, laboratories, ambulance
2companies, and fire departments. "Service provider costs"
3includes conditional amounts under this Act that are
4reimbursements for services provided.
5    "Street value" means the amount determined by the court on
6the basis of testimony of law enforcement personnel and the
7defendant as to the amount of drug or materials seized and any
8testimony as may be required by the court as to the current
9street value of the cannabis, controlled substance,
10methamphetamine or salt of an optical isomer of
11methamphetamine, or methamphetamine manufacturing materials
12seized.
13    "Supervision" means a disposition of conditional and
14revocable release without probationary supervision, but under
15the conditions and reporting requirements as are imposed by the
16court, at the successful conclusion of which disposition the
17defendant is discharged and a judgment dismissing the charges
18is entered.
 
19
Article 5. Assessment Procedures

 
20    Section 5-5. Minimum fine. Unless otherwise specified by
21law, the minimum fine for a conviction is $25. If the court
22finds that the fine would impose an undue burden on the victim,
23the court may reduce or waive the fine.
 

 

 

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

 

 

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1installments.
2    (c-3) Excluding any ordered conditional assessment, if the
3assessment is not paid within the period of probation,
4conditional discharge, or supervision to which the defendant
5was originally sentenced, the court may extend the period of
6probation, conditional discharge, or supervision under Section
75-6-2 or 5-6-3.1 of the Unified Code of Corrections, as
8applicable, until the assessment is paid or until successful
9completion of public or community service set forth in
10subsection (b) of Section 5-20 of this Act or the successful
11completion of the substance abuse intervention or treatment
12program set forth in subsection (c-5) of this Section.
13    (c-5) Excluding any ordered conditional assessment, the
14court may suspend the collection of the assessment; provided,
15the defendant agrees to enter a substance abuse intervention or
16treatment program approved by the court; and further provided
17that the defendant agrees to pay for all or some portion of the
18costs associated with the intervention or treatment program. In
19this case, the collection of the assessment shall be suspended
20during the defendant's participation in the approved
21intervention or treatment program. Upon successful completion
22of the program, the defendant may apply to the court to reduce
23the assessment imposed under this Section by any amount
24actually paid by the defendant for his or her participation in
25the program. The court shall not reduce the assessment under
26this subsection unless the defendant establishes to the

 

 

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1satisfaction of the court that he or she has successfully
2completed the intervention or treatment program. If the
3defendant's participation is for any reason terminated before
4his or her successful completion of the intervention or
5treatment program, collection of the entire assessment imposed
6under this Act shall be enforced. Nothing in this Section shall
7be deemed to affect or suspend any other fines, restitution
8costs, forfeitures, or assessments imposed under this or any
9other Act.
10    (d) Except as provided in Section 5-15 of this Act, the
11defendant shall pay to the clerk of the court and the clerk
12shall remit the assessment to the appropriate entity as set
13forth in the ordered schedule of assessments within one month
14of its receipt.
15    (e) Unless a court ordered payment schedule is implemented
16or the assessment requirements of this Act are waived under a
17court order, the clerk of the circuit court may add to any
18unpaid assessments under this Act a delinquency amount equal to
195% of the unpaid assessments that remain unpaid after 30 days,
2010% of the unpaid assessments that remain unpaid after 60 days,
21and 15% of the unpaid assessments that remain unpaid after 90
22days. Notice to those parties may be made by signage posting or
23publication. The additional delinquency amounts collected
24under this Section shall be used to defray additional
25administrative costs incurred by the clerk of the circuit court
26in collecting unpaid assessments.
 

 

 

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

 

 

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1supervision and shall be in addition to the performance of any
2other period of public or community service ordered by the
3court or required by law.
 
4
Article 10. Funds

 
5    Section 10-5. Funds.
6    (a) All money collected by the Clerk of the Circuit Court
7under Article 15 of this Act shall be remitted as directed in
8Article 15 of this Act to the county treasurer, to the State
9Treasurer, and to the treasurers of the units of local
10government. If an amount payable to any of the treasurers is
11less than $10, the clerk may postpone remitting the money until
12$10 has accrued or by the end of fiscal year. The treasurers
13shall deposit the money as indicated in the schedules, except
14in a county with a population of over 3,000,000 monies remitted
15to the county treasurer shall be subject to appropriation by
16the county board. Any amount retained by the Clerk of the
17Circuit Court in a county with population of over 3,000,000
18shall be subject to appropriation by the county board.
19    (b) The county treasurer or the treasurer of the unit of
20local government may create the funds indicated in paragraphs
21(1) through (5), (9), and (16) of subsection (d) of this
22Section, if not already in existence. If a county or unit of
23local government has not instituted, and does not plan to
24institute a program that uses a particular fund, the treasurer

 

 

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1need not create the fund and may instead deposit the money
2intended for the fund into the general fund of the county or
3unit of local government for use in financing the court system.
4    (c) If the arresting agency is a State agency, the
5arresting agency portion shall be remitted by the clerk of
6court to the State Treasurer who shall deposit the portion as
7follows:
8        (1) if the arresting agency is the Department of State
9    Police, into the State Police Law Enforcement
10    Administration Fund;
11        (2) if the arresting agency is the Department of
12    Natural Resources, into the Conservation Police Operations
13    Assistance Fund;
14        (3) if the arresting agency is the Secretary of State,
15    into the Secretary of State Police Services Fund; and
16        (4) if the arresting agency is the Illinois Commerce
17    Commission, into the Public Utility Fund.
18    (d) Fund descriptions and provisions:
19        (1) The Court Automation Fund is to defray the expense,
20    borne by the county, of establishing and maintaining
21    automated record keeping systems in the Office of the Clerk
22    of the Circuit Court. The money shall be remitted monthly
23    by the clerk to the county treasurer and identified as
24    funds for the Circuit Court Clerk. The fund shall be
25    audited by the county auditor, and the board shall make
26    expenditures from the fund in payment of any costs related

 

 

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

 

 

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1    defray the expense of establishing and maintaining
2    automated record keeping systems in the offices of the
3    State's Attorney. The money shall be remitted monthly by
4    the clerk to the county treasurer for deposit into the
5    State's Attorney Records Automation Fund. Expenditures
6    from this fund may be made by the State's Attorney for
7    hardware, software, and research and development related
8    to automated record keeping systems.
9        (5) The Public Defender Records Automation Fund is to
10    defray the expense of establishing and maintaining
11    automated record keeping systems in the offices of the
12    Public Defender. The money shall be remitted monthly by the
13    clerk to the county treasurer for deposit into the Public
14    Defender Records Automation Fund. Expenditures from this
15    fund may be made by the Public Defender for hardware,
16    software, and research and development related to
17    automated record keeping systems.
18        (6) The DUI Fund shall be used for enforcement and
19    prevention of driving while under the influence of alcohol,
20    other drug or drugs, intoxicating compound or compounds or
21    any combination thereof, as defined by Section 11-501 of
22    the Illinois Vehicle Code, including, but not limited to,
23    the purchase of law enforcement equipment and commodities
24    that will assist in the prevention of alcohol-related
25    criminal violence throughout the State; police officer
26    training and education in areas related to alcohol related

 

 

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1    crime, including, but not limited to, DUI training; and
2    police officer salaries, including, but not limited to,
3    salaries for hire back funding for safety checkpoints,
4    saturation patrols, and liquor store sting operations. Any
5    moneys received by the Department of State Police shall be
6    deposited into the State Police Operations Assistance Fund
7    and those moneys and moneys in the State Police DUI Fund
8    shall be used to purchase law enforcement equipment that
9    will assist in the prevention of alcohol related criminal
10    violence throughout the State. The money shall be remitted
11    monthly by the clerk to the State or local treasurer for
12    deposit as provided by law.
13        (7) The Trauma Center Fund shall be distributed as
14    provided under Section 3.225 of the Emergency Medical
15    Services (EMS) Systems Act.
16        (8) The Probation and Court Services Fund is to be
17    expended as described in Section 15.1 of the Probation and
18    Probation Officers Act.
19        (9) The Circuit Court Clerk Electronic Citation Fund
20    shall have the Circuit Court Clerk as the custodian, ex
21    officio, of the Fund and shall be used to perform the
22    duties required by the office for establishing and
23    maintaining electronic citations. The Fund shall be
24    audited by the county's auditor.
25        (10) The Drug Treatment Fund is a special fund in the
26    State treasury. Moneys in the Fund shall be expended as

 

 

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1    provided in Section 411.2 of the Illinois Controlled
2    Substances Act.
3        (11) The Violent Crime Victims Assistance Fund is a
4    special fund in the State treasury to provide moneys for
5    the grants to be awarded under the Violent Crime Victims
6    Assistance Act.
7        (12) The Criminal Justice Information Projects Fund
8    shall be appropriated to and administered by the Illinois
9    Criminal Justice Information Authority for distribution to
10    fund Department of State Police drug task forces and
11    Metropolitan Enforcement Groups, for the costs associated
12    with making grants from the Prescription Pill and Drug
13    Disposal Fund, for undertaking criminal justice
14    information projects, and for the operating and other
15    expenses of the Authority incidental to those criminal
16    justice information projects. The moneys deposited into
17    the Criminal Justice Information Projects Fund under
18    Sections 15-15 and 15-35 of this Act shall be appropriated
19    to and administered by the Illinois Criminal Justice
20    Information Authority for distribution to fund Department
21    of State Police drug task forces and Metropolitan
22    Enforcement Groups by dividing the funds equally by the
23    total number of Department of State Police drug task forces
24    and Illinois Metropolitan Enforcement Groups.
25        (13) The Sexual Assault Services Fund shall be
26    appropriated to the Department of Public Health. Upon

 

 

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1    appropriation of moneys from the Sexual Assault Services
2    Fund, the Department of Public Health shall make grants of
3    these moneys to sexual assault organizations with whom the
4    Department has contracts for the purpose of providing
5    community-based services to victims of sexual assault.
6    Grants are in addition to, and are not substitutes for,
7    other grants authorized and made by the Department.
8        (14) The County Jail Medical Costs Fund is to help
9    defray the costs outlined in Section 17 of the County Jail
10    Act. Moneys in the Fund shall be used solely for
11    reimbursement to the county of costs for medical expenses
12    and administration of the Fund.
13        (15) The Prisoner Review Board Vehicle and Equipment
14    Fund is a special fund in the State treasury. The Prisoner
15    Review Board shall, subject to appropriation by the General
16    Assembly and approval by the Secretary, use all moneys in
17    the Prisoner Review Board Vehicle and Equipment Fund for
18    the purchase and operation of vehicles and equipment.
19        (16) In each county in which Court Appointed Special
20    Advocates provide services, a Child Advocacy Center Fund,
21    specifically for the operations of the Court Appointed
22    Special Advocates, from which the county board shall make
23    grants to support the activities and services of the Court
24    Appointed Special Advocates within that county. The term
25    "Court Appointed Special Advocates" is copyrighted and is
26    used with permission of the holder of the copyright.
 

 

 

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1
Article 15. Assessment Schedules

 
2    Section 15-5. SCHEDULE 1; generic felony offenses.
3SCHEDULE 1: Unless assessments are imposed by the court under
4another schedule of this Act, for a felony offense, the Clerk
5of the Circuit Court shall collect $549 and remit as follows:
6    (1) As the county's portion, $354 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) $255 into the county's General Fund;
13        (E) $10 into the Child Advocacy Center Fund;
14        (F) $2 into the State's Attorney Records Automation
15    Fund;
16        (G) $2 into the Public Defender Records Automation
17    Fund;
18        (H) $20 into the County Jail Medical Costs Fund; and
19        (I) $20 into the Probation and Court Services Fund.
20    (2) As the State's portion, $195 to the State Treasurer,
21who shall deposit the money as follows:
22        (A) $50 into the State Police Operations Assistance
23    Fund;
24        (B) $100 into the Violent Crime Victims Assistance

 

 

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1    Fund;
2        (C) $10 into the State Police Merit Board Public Safety
3    Fund; and
4        (D) $35 into the Traffic and Criminal Conviction
5    Surcharge Fund.
 
6    Section 15-10. SCHEDULE 2; felony DUI offenses. SCHEDULE 2:
7For a felony under Section 11-501 of the Illinois Vehicle Code,
8Section 5-7 of the Snowmobile Registration and Safety Act,
9Section 5-16 of the Boat Registration and Safety Act, or a
10similar provision of a local ordinance, the Clerk of the
11Circuit Court shall collect $1,609 and remit as follows:
12    (1) As the county's portion, $399 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) $300 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) $20 into the County Jail Medical Costs Fund; and
25        (I) $20 into the Probation and Court Services Fund.

 

 

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1    (2) As the State's portion, $1,010 to the State Treasurer,
2who shall deposit the money as follows:
3        (A) $730 into the State Police Operations Assistance
4    Fund;
5        (B) $5 into the Drivers Education Fund;
6        (C) $100 into the Trauma Center Fund;
7        (D) $5 into the Spinal Cord Injury Paralysis Cure
8    Research Trust Fund;
9        (E) $5 into the State Police Merit Board Public Safety
10    Fund;
11        (F) $160 into the Traffic and Criminal Conviction
12    Surcharge Fund; and
13        (G) $5 into the Law Enforcement Camera Grant Fund.
14    (3) As the arresting agency's portion, $200 to the
15treasurer of the unit of local government of the arresting
16agency, who shall deposit the money into the DUI Fund of that
17unit of local government or as provided in subsection (c) of
18Section 10-5 of this Act if the arresting agency is a State
19agency, unless more than one agency is responsible for the
20arrest in which case the amount shall be remitted to each unit
21of government equally.
 
22    Section 15-15. SCHEDULE 3; felony drug offenses. SCHEDULE
233: For a felony under the Illinois Controlled Substances Act,
24the Cannabis Control Act, or the Methamphetamine Control and
25Community Protection Act, the Clerk of the Circuit Court shall

 

 

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1collect $2,215 and remit as follows:
2    (1) As the county's portion, $354 to the county treasurer,
3who shall deposit the money as follows:
4        (A) $20 into the Court Automation Fund;
5        (B) $20 into the Court Document Storage Fund;
6        (C) $5 into the Circuit Court Clerk Operation and
7    Administrative Fund;
8        (D) $255 into the county's General Fund;
9        (E) $10 into the Child Advocacy Center Fund;
10        (F) $2 into the State's Attorney Records Automation
11    Fund;
12        (G) $2 into the Public Defender Records Automation
13    Fund;
14        (H) $20 into the County Jail Medical Costs Fund; and
15        (I) $20 into the Probation and Court Services Fund.
16    (2) As the State's portion, $1,861 to the State Treasurer,
17who shall deposit the money as follows:
18        (A) $50 into the State Police Operations Assistance
19    Fund;
20        (B) $100 into the Violent Crime Victims Assistance
21    Fund;
22        (C) $100 into the Trauma Center Fund; and
23        (D) $5 into the Spinal Cord Injury Paralysis Cure
24    Research Trust Fund;
25        (E) $1,500 into the Drug Treatment Fund;
26        (F) $5 into the State Police Merit Board Public Safety

 

 

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1    Fund;
2        (G) $38 into the Prescription Pill and Drug Disposal
3    Fund;
4        (H) $28 into the Criminal Justice Information Projects
5    Fund; and
6        (I) $35 into the Traffic and Criminal Conviction
7    Surcharge Fund.
 
8    Section 15-20. SCHEDULE 4; felony sex offenses. SCHEDULE 4:
9For a felony or attempted felony under Article 11 or Section
1012-33 of the Criminal Code of 2012, the Clerk of the Circuit
11Court shall collect $1,314 and remit as follows:
12    (1) As the county's portion, $354 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) $255 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) $20 into the County Jail Medical Costs Fund; and
25        (I) $20 into the Probation and Court Services Fund.

 

 

10000SB2590sam001- 22 -LRB100 17152 MRW 39040 a

1    (2) As the State's portion, $960 to the State Treasurer,
2who shall deposit the money as follows:
3        (A) $520 into the State Police Operations Assistance
4    Fund;
5        (B) $100 into the Violent Crime Victims Assistance
6    Fund;
7        (C) $200 into the Sexual Assault Services Fund;
8        (D) $100 into the Domestic Violence Shelter and
9    Services Fund;
10        (E) $5 into the State Police Merit Board Public Safety
11    Fund; and
12        (F) $35 into the Traffic and Criminal Conviction
13    Surcharge Fund.
 
14    Section 15-25. SCHEDULE 5; generic misdemeanor offenses.
15SCHEDULE 5: Unless assessments are imposed under another
16schedule of this Act, for a misdemeanor offense, the Clerk of
17the Circuit Court shall collect $449 and remit as follows:
18    (1) As the county's portion, $282 to the county treasurer,
19who shall deposit the money as follows:
20        (A) $20 into the Court Automation Fund;
21        (B) $20 into the Court Document Storage Fund;
22        (C) $5 into the Circuit Court Clerk Operation and
23    Administrative Fund;
24        (D) $8 into the Circuit Court Clerk Electronic Citation
25    Fund;

 

 

10000SB2590sam001- 23 -LRB100 17152 MRW 39040 a

1        (E) $185 into the county's General Fund;
2        (F) $10 into the Child Advocacy Center Fund;
3        (G) $2 into the State's Attorney Records Automation
4    Fund;
5        (H) $2 into the Public Defender Records Automation
6    Fund;
7        (I) $10 into the County Jail Medical Costs Fund; and
8        (J) $20 into the Probation and Court Services Fund.
9    (2) As the State's portion, $165 to the State Treasurer,
10who shall deposit the money as follows:
11        (A) $50 into the State Police Operations Assistance
12    Fund;
13        (B) $10 into the State Police Merit Board Public Safety
14    Fund;
15        (C) $85 into the Violent Crime Victims Assistance Fund;
16    and
17        (D) $20 into the Traffic and Criminal Conviction
18    Surcharge Fund.
19    (3) As the arresting agency's portion, $2, to the treasurer
20of the unit of local government of the arresting agency, who
21shall deposit the money into the E-citation Fund of that unit
22of local government or as provided in subsection (c) of Section
2310-5 of this Act if the arresting agency is a State agency,
24unless more than one agency is responsible for the arrest in
25which case the amount shall be remitted to each unit of
26government equally.
 

 

 

10000SB2590sam001- 24 -LRB100 17152 MRW 39040 a

1    Section 15-30. SCHEDULE 6; misdemeanor DUI offenses.
2SCHEDULE 6: For a misdemeanor under Section 11-501 of the
3Illinois Vehicle Code, Section 5-7 of the Snowmobile
4Registration and Safety Act, Section 5-16 of the Boat
5Registration and Safety Act, or a similar provision of a local
6ordinance, the Clerk of the Circuit Court shall collect $1,306
7and remit as follows:
8    (1) As the county's portion, $322 to the county treasurer,
9who shall deposit the money as follows:
10        (A) $20 into the Court Automation Fund;
11        (B) $20 into the Court Document Storage Fund;
12        (C) $5 into the Circuit Court Clerk Operation and
13    Administrative Fund;
14        (D) $8 into the Circuit Court Clerk Electronic Citation
15    Fund;
16        (E) $225 into the county's General Fund;
17        (F) $10 into the Child Advocacy Center Fund;
18        (G) $2 into the State's Attorney Records Automation
19    Fund;
20        (H) $2 into the Public Defenders Records Automation
21    Fund;
22        (I) $10 into the County Jail Medical Costs Fund; and
23        (J) $20 into the Probation and Court Services Fund.
24    (2) As the State's portion, $632 to the State Treasurer,
25who shall deposit the money as follows:

 

 

10000SB2590sam001- 25 -LRB100 17152 MRW 39040 a

1        (A) $330 into the State Police Operations Assistance
2    Fund;
3        (B) $5 into the Drivers Education Fund;
4        (C) $5 into the State Police Merit Board Public Safety
5    Fund;
6        (D) $100 into the Trauma Center Fund;
7        (E) $5 into the Spinal Cord Injury Paralysis Cure
8    Research Trust Fund;
9        (F) $22 into the Fire Prevention Fund;
10        (G) $160 into the Traffic and Criminal Conviction
11    Surcharge Fund; and
12        (H) $5 into the Law Enforcement Camera Grant Fund.
13    (3) As the arresting agency's portion, $352 as follows,
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        (A) if the arresting agency is a local agency to the
18    treasurer of the unit of local government of the arresting
19    agency, who shall deposit the money as follows:
20            (i) $2 into the E-citation Fund of the unit of
21        local government; and
22            (ii) $350 into the DUI Fund of the unit of local
23        government; or
24        (B) as provided in subsection (c) of Section 10-5 of
25    this Act if the arresting agency is a State agency.
 

 

 

10000SB2590sam001- 26 -LRB100 17152 MRW 39040 a

1    Section 15-35. SCHEDULE 7; misdemeanor drug offenses.
2SCHEDULE 7: For a misdemeanor under the Illinois Controlled
3Substances Act, the Cannabis Control Act, or the
4Methamphetamine Control and Community Protection Act, the
5Clerk of the Circuit Court shall collect $915 and remit as
6follows:
7    (1) As the county's portion, $282 to the county treasurer,
8who shall deposit the money as follows:
9        (A) $20 into the Court Automation Fund;
10        (B) $20 into the Court Document Storage Fund;
11        (C) $5 into the Circuit Court Clerk Operation and
12    Administrative Fund;
13        (D) $8 into the Circuit Court Clerk Electronic Citation
14    Fund;
15        (E) $185 into the county's General Fund;
16        (F) $10 into the Child Advocacy Center Fund;
17        (G) $2 into the State's Attorney Records Automation
18    Fund;
19        (H) $2 into the Public Defenders Records Automation
20    Fund;
21        (I) $10 into the County Jail Medical Costs Fund; and
22        (J) $20 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) $50 into the State Police Operations Assistance
26    Fund;

 

 

10000SB2590sam001- 27 -LRB100 17152 MRW 39040 a

1        (B) $85 into the Violent Crime Victims Assistance Fund;
2        (C) $100 into the Trauma Center Fund;
3        (D) $5 into the Spinal Cord Injury Paralysis Cure
4    Research Trust Fund;
5        (E) $300 into the Drug Treatment Fund;
6        (F) $38 into the Prescription Pill and Drug Disposal
7    Fund;
8        (G) $28 into the Criminal Justice Information Projects
9    Fund;
10        (H) $5 into the State Police Merit Board Public Safety
11    Fund; and
12        (I) $20 into the Traffic and Criminal Conviction
13    Surcharge Fund.
14    (3) As the arresting agency's portion, $2, to the treasurer
15of the unit of local government of the arresting agency, who
16shall deposit the money into the E-citation Fund of that unit
17of local government or as provided in subsection (c) of Section
1810-5 of this Act if the arresting agency is a State agency,
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    Section 15-40. SCHEDULE 8; misdemeanor sex offenses.
23SCHEDULE 8: For a misdemeanor or attempted misdemeanor under
24Article 11 of the Criminal Code of 2012, the Clerk of the
25Circuit Court shall collect $1,194 and remit as follows:

 

 

10000SB2590sam001- 28 -LRB100 17152 MRW 39040 a

1    (1) As the county's portion, $282 to the county treasurer,
2who shall deposit the money as follows:
3        (A) $20 into the Court Automation Fund;
4        (B) $20 into the Court Document Storage Fund;
5        (C) $5 into the Circuit Court Clerk Operation and
6    Administrative Fund;
7        (D) $8 into the Circuit Court Clerk Electronic Citation
8    Fund;
9        (E) $185 into the county's General Fund;
10        (F) $10 into the Child Advocacy Center Fund;
11        (G) $2 into the State's Attorney Records Automation
12    Fund;
13        (H) $2 into the Public Defenders Records Automation
14    Fund;
15        (I) $10 into the County Jail Medical Costs Fund; and
16        (J) $20 into the Probation and Court Services Fund.
17    (2) As the State's portion, $910 to the State Treasurer,
18who shall deposit the money as follows:
19        (A) $500 into the State Police Operations Assistance
20    Fund;
21        (B) $85 into the Violent Crime Victims Assistance Fund;
22        (C) $200 into the Sexual Assault Services Fund;
23        (D) $100 into the Domestic Violence Shelter and Service
24    Fund;
25        (E) $5 into the State Police Merit Board Public Safety
26    Fund; and

 

 

10000SB2590sam001- 29 -LRB100 17152 MRW 39040 a

1        (F) $20 into the Traffic and Criminal Conviction
2    Surcharge Fund.
3    (3) As the arresting agency's portion, $2, to the treasurer
4of the unit of local government of the arresting agency, who
5shall deposit the money into the E-citation Fund of that unit
6of local government or as provided in subsection (c) of Section
710-5 of this Act if the arresting agency is a State agency,
8unless more than one agency is responsible for the arrest in
9which case the amount shall be remitted to each unit of
10government equally.
 
11    Section 15-45. SCHEDULE 9; major traffic offenses.
12SCHEDULE 9: For a major traffic offense, the Clerk of the
13Circuit Court shall collect $320 plus, if applicable, the
14amount established under paragraph (1.5) of this Section and
15remit as follows:
16    (1) As the county's portion, $203 to the county treasurer,
17who shall deposit the money as follows:
18        (A) $20 into the Court Automation Fund;
19        (B) $20 into the Court Document Storage Fund;
20        (C) $5 into the Circuit Court Clerk Operation and
21    Administrative Fund;
22        (D) $8 into the Circuit Court Clerk Electronic Citation
23    Fund; and
24        (E) $150 into the county's General Fund.
25    (1.5) In a county with a population of 3,000,000 or more,

 

 

10000SB2590sam001- 30 -LRB100 17152 MRW 39040 a

1the county board may by ordinance or resolution establish an
2additional assessment not to exceed $37 to be remitted to the
3county treasurer of which $5 shall be deposited into the Court
4Automation Fund, $5 shall be deposited into the Court Document
5Storage Fund, $2 shall be deposited into the State's Attorneys
6Records Automation Fund, $2 shall be deposited into the Public
7Defenders Records Automation Fund, $10 shall be deposited into
8the Probation and Court Services Fund, and the remainder shall
9be used for purposes related to the operation of the court
10system.
11    (2) As the State's portion, $92 to the State Treasurer, who
12shall deposit the money as follows:
13        (A) $20 into the State Police Operations Assistance
14    Fund;
15        (B) $5 into the Drivers Education Fund;
16        (C) $5 into the State Police Merit Board Public Safety
17    Fund;
18        (D) $22 into the Fire Prevention Fund;
19        (E) $40 into the Traffic and Criminal Conviction
20    Surcharge Fund.
21    (3) As the arresting agency's portion, $25, to the
22treasurer of the unit of local government of the arresting
23agency, who shall deposit the money as follows:
24        (A) $2 into the E-citation Fund of that unit of local
25    government or as provided in subsection (c) of Section 10-5
26    of this Act if the arresting agency is a State agency,

 

 

10000SB2590sam001- 31 -LRB100 17152 MRW 39040 a

1    unless more than one agency is responsible for the arrest
2    in which case the amount shall be remitted to each unit of
3    government equally.
4        (B) $23 into the General Fund of that unit of local
5    government or as provided in subsection (c) of Section 10-5
6    of this Act if the arresting agency is a State agency,
7    unless more than one agency is responsible for the arrest
8    in which case the amount shall be remitted to each unit of
9    government equally.
 
10    Section 15-50. SCHEDULE 10; minor traffic offenses.
11SCHEDULE 10: For a minor traffic offense, the Clerk of the
12Circuit Court shall collect $223 plus, if applicable, the
13amount established under paragraph (1.5) of this Section and
14remit as follows:
15    (1) As the county's portion, $168 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) $115 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

 

 

10000SB2590sam001- 32 -LRB100 17152 MRW 39040 a

1additional assessment not to exceed $28 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, $2 shall be deposited into the State's Attorneys
5Records Automation Fund, $2 shall be deposited into the Public
6Defenders Records Automation Fund, $10 shall be deposited into
7the Probation and Court Services Fund, and the remainder shall
8be used for purposes related to the operation of the court
9system.
10    (2) As the State's portion, $43 to the State Treasurer, who
11shall deposit the money as follows:
12        (A) $10 into the State Police Operations Assistance
13    Fund;
14        (B) $5 into the State Police Merit Board Public Safety
15    Fund;
16        (C) $4 into the Drivers Education Fund;
17        (D) $20 into the Traffic and Criminal Conviction
18    Surcharge Fund; and
19        (E) $4 into the Law Enforcement Camera Grant Fund.
20    (3) As the arresting agency's portion, $12, to the
21treasurer of the unit of local government of the arresting
22agency, who shall deposit the money as follows:
23        (A) $2 into the E-citation Fund of that unit of local
24    government or as provided in subsection (c) of Section 10-5
25    of this Act if the arresting agency is a State agency,
26    unless more than one agency is responsible for the arrest

 

 

10000SB2590sam001- 33 -LRB100 17152 MRW 39040 a

1    in which case the amount shall be remitted to each unit of
2    government equally.
3        (B) $10 into the General Fund of that unit of local
4    government or as provided in subsection (c) of Section 10-5
5    of this Act if the arresting agency is a State agency,
6    unless more than one agency is responsible for the arrest
7    in which case the amount shall be remitted to each unit of
8    government equally.
 
9    Section 15-52. SCHEDULE 10.5; truck weight and load
10offenses.
11SCHEDULE 10.5: For an offense under paragraph (1), (2), or (3)
12of subsection (d) of Section 3-401 or Section 15-111 of the
13Illinois Vehicle Code, the Clerk of the Circuit Court shall
14collect $260 and remit as follows:
15    (1) As the county's portion, $168 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) $115 into the county's General Fund.
24    (2) As the State's portion, $92 to the State Treasurer, who
25shall deposit the money as follows:

 

 

10000SB2590sam001- 34 -LRB100 17152 MRW 39040 a

1        (A) $31 into the State Police Merit Board Public Safety
2    Fund, regardless of the type of overweight citation or
3    arresting law enforcement agency;
4        (B) $31 into the Traffic and Criminal Conviction
5    Surcharge Fund; and
6        (C) $30 to the State Police Operations Assistance Fund.
 
7    Section 15-55. SCHEDULE 11; conservation offenses.
8SCHEDULE 11: For a conservation offense, the Clerk of the
9Circuit Court shall collect $195 and remit as follows:
10    (1) As the county's portion, $168, to the county treasurer,
11who shall deposit the money as follows:
12        (A) $20 into the Court Automation Fund;
13        (B) $20 into the Court Document Storage Fund;
14        (C) $5 into the Circuit Court Clerk Operation and
15    Administrative Fund;
16        (D) $8 into the Circuit Court Clerk Electronic Citation
17    Fund; and
18        (E) $115 into the county's General Fund.
19    (2) As the State's portion, $25, to the State Treasurer,
20who shall deposit the money into the Conservation Police
21Operations Assistance Fund.
22    (3) As the arresting agency's portion, $2, to the treasurer
23of the unit of local government of the arresting agency, who
24shall deposit the money into the E-citation Fund of that unit
25of local government or as provided in subsection (c) of Section

 

 

10000SB2590sam001- 35 -LRB100 17152 MRW 39040 a

110-5 of this Act if the arresting agency is a State agency,
2unless more than one agency is responsible for the arrest in
3which case the amount shall be remitted to each unit of
4government equally.
 
5    Section 15-60. SCHEDULE 12; dispositions under Supreme
6Court Rule 529. SCHEDULE 12: For a disposition under Supreme
7Court Rule 529, the Clerk of the Circuit Court shall collect
8$160 and remit as follows:
9    (1) As the county's portion, $100, to the county treasurer,
10who shall deposit the money as follows:
11        (A) $20 into the Court Automation Fund;
12        (B) $20 into the Court Document Storage Fund;
13        (C) $5 into the Circuit Court Clerk Operation and
14    Administrative Fund;
15        (D) $8 into the Circuit Court Clerk Electronic Citation
16    Fund; and
17        (E) $47 into the county's General Fund.
18    (2) As the State's portion, $10 to the State Treasurer, who
19shall deposit the money as follows:
20        (A) $3 into the Drivers Education Fund;
21        (B) $2 into the State Police Merit Board Public Safety
22    Fund;
23        (C) $4 into the Traffic and Criminal Conviction
24    Surcharge Fund; and
25        (D) $1 into the Law Enforcement Camera Grant Fund.

 

 

10000SB2590sam001- 36 -LRB100 17152 MRW 39040 a

1    (3) As the arresting agency's portion, $50 as follows,
2unless more than one agency is responsible for the arrest in
3which case the amount shall be remitted to each unit of
4government equally:
5        (A) if the arresting agency is a local agency to the
6    treasurer of the unit of local government of the arresting
7    agency, who shall deposit the money as follows:
8            (i) $2 into the E-citation Fund of the unit of
9        local government; and
10            (ii) $48 into the General Fund of the unit of local
11        government; or
12        (B) as provided in subsection (c) of Section 10-5 of
13    this Act if the arresting agency is a State agency.
 
14    Section 15-65. SCHEDULE 13; non-traffic violations.
15SCHEDULE 13: For a petty offense, business offense, or
16non-traffic ordinance violation, the Clerk of the Circuit Court
17shall collect $100 and remit as follows:
18    (1) As the county's portion, $75, to the county treasurer,
19who shall deposit the money as follows:
20        (A) $20 into the Court Automation Fund;
21        (B) $20 into the Court Document Storage Fund;
22        (C) $5 into the Circuit Court Clerk Operation and
23    Administrative Fund;
24        (D) $8 into the Circuit Court Clerk Electronic Citation
25    Fund; and

 

 

10000SB2590sam001- 37 -LRB100 17152 MRW 39040 a

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

 

 

10000SB2590sam001- 38 -LRB100 17152 MRW 39040 a

1        (2) child pornography under Section 11-20.1 of the
2    Criminal Code of 1961 or the Criminal Code of 2012, $500
3    per conviction, unless more than one agency is responsible
4    for the arrest in which case the amount shall be remitted
5    to each unit of government equally:
6            (A) if the arresting agency is an agency of a unit
7        of local government $500 to the treasurer of the unit
8        of local government for deposit into the unit of local
9        government's General Fund, except that if the
10        Department of State Police provides digital or
11        electronic forensic examination assistance, or both,
12        to the arresting agency then $100 to the State
13        Treasurer for deposit into the State Crime Laboratory
14        Fund; or
15            (B) if the arresting agency is the Department of
16        State Police remitted to the State Treasurer for
17        deposit into the State Crime Laboratory Fund;
18        (3) crime laboratory drug analysis for a drug-related
19    offense involving possession or delivery of cannabis or
20    possession or delivery of a controlled substance as defined
21    in the Cannabis Control Act, the Illinois Controlled
22    Substances Act, or the Methamphetamine Control and
23    Community Protection Act, $100 reimbursement for
24    laboratory analysis, as set forth in subsection (f) of
25    Section 5-9-1.4 of the Unified Code of Corrections;
26        (4) DNA analysis, $250 on each conviction in which it

 

 

10000SB2590sam001- 39 -LRB100 17152 MRW 39040 a

1    was used to the State Treasurer for deposit into the State
2    Offender DNA Identification System Fund as set forth in
3    Section 5-4-3 of the Unified Code of Corrections;
4        (5) DUI analysis, $150 on each sentenced violation in
5    which it was used as set forth in subsection (f) of Section
6    5-9-1.9 of the Unified Code of Corrections;
7        (6) drug-related offense involving possession or
8    delivery of cannabis or possession or delivery of a
9    controlled substance, other than methamphetamine, as
10    defined in the Cannabis Control Act or the Illinois
11    Controlled Substances Act, an amount not less than the full
12    street value of the cannabis or controlled substance seized
13    for each conviction to be disbursed as follows:
14            (A)12.5% of the street value assessment shall be
15        paid into the Youth Drug Abuse Prevention Fund, to be
16        used by the Department of Human Services for the
17        funding of programs and services for drug-abuse
18        treatment, and prevention and education services;
19            (B)37.5% to the county in which the charge was
20        prosecuted, to be deposited into the county General
21        Fund;
22            (C)50% to the treasurer of the arresting law
23        enforcement agency of the municipality or county, or to
24        the State Treasurer if the arresting agency was a state
25        agency;
26            (D)if the arrest was made in combination with

 

 

10000SB2590sam001- 40 -LRB100 17152 MRW 39040 a

1        multiple law enforcement agencies, the clerk shall
2        equitably allocate the portion in subparagraph (C) of
3        this paragraph (6) among the law enforcement agencies
4        involved in the arrest;
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

 

 

10000SB2590sam001- 41 -LRB100 17152 MRW 39040 a

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 be disbursed as
9    follows:
10            (A)12.5% of the street value assessment shall be
11        paid into the Youth Drug Abuse Prevention Fund, to be
12        used by the Department of Human Services for the
13        funding of programs and services for drug-abuse
14        treatment, and prevention and education services;
15            (B)37.5% to the county in which the charge was
16        prosecuted, to be deposited into the county General
17        Fund;
18            (C)50% to the treasurer of the arresting law
19        enforcement agency of the municipality or county, or to
20        the State Treasurer if the arresting agency was a state
21        agency;
22            (D)if the arrest was made in combination with
23        multiple law enforcement agencies, the clerk shall
24        equitably allocate the portion in subparagraph (C) of
25        this paragraph (6) among the law enforcement agencies
26        involved in the arrest;

 

 

10000SB2590sam001- 42 -LRB100 17152 MRW 39040 a

1        (8) order of protection violation under Section 12-3.4
2    of the Criminal Code of 2012, $200 for each conviction to
3    the county treasurer for deposit into the Probation and
4    Court Services Fund for implementation of a domestic
5    violence surveillance program and any other assessments or
6    fees imposed under Section 5-9-1.16 of the Unified Code of
7    Corrections;
8        (9) order of protection violation, $25 for each
9    violation to the State Treasurer, for deposit into the
10    Domestic Violence Abuser Services Fund;
11        (10) prosecution by the State's Attorney of a:
12            (A) petty or business offense, $4 to the county
13        treasurer of which $2 deposited into the State's
14        Attorney Records Automation Fund and $2 into the Public
15        Defender Records Automation Fund;
16            (B) conservation or traffic offense, $2 to the
17        county treasurer for deposit into the State's Attorney
18        Records Automation Fund;
19        (11) speeding in a construction zone violation, $250 to
20    the State Treasurer for deposit into the Transportation
21    Safety Highway Hire-back Fund, unless (i) the violation
22    occurred on a highway other than an interstate highway and
23    (ii) a county police officer wrote the ticket for the
24    violation, in which case to the county treasurer for
25    deposit into that county's Transportation Safety Highway
26    Hire-back Fund;

 

 

10000SB2590sam001- 43 -LRB100 17152 MRW 39040 a

1        (12) supervision disposition on an offense under the
2    Illinois Vehicle Code or similar provision of a local
3    ordinance, 50 cents, unless waived by the court, into the
4    Prisoner Review Board Vehicle and Equipment Fund;
5        (13) victim and offender are family or household
6    members as defined in Section 103 of the Illinois Domestic
7    Violence Act of 1986 and offender pleads guilty or no
8    contest to or is convicted of murder, voluntary
9    manslaughter, involuntary manslaughter, burglary,
10    residential burglary, criminal trespass to residence,
11    criminal trespass to vehicle, criminal trespass to land,
12    criminal damage to property, telephone harassment,
13    kidnapping, aggravated kidnaping, unlawful restraint,
14    forcible detention, child abduction, indecent solicitation
15    of a child, sexual relations between siblings,
16    exploitation of a child, child pornography, assault,
17    aggravated assault, battery, aggravated battery, heinous
18    battery, aggravated battery of a child, domestic battery,
19    reckless conduct, intimidation, criminal sexual assault,
20    predatory criminal sexual assault of a child, aggravated
21    criminal sexual assault, criminal sexual abuse, aggravated
22    criminal sexual abuse, violation of an order of protection,
23    disorderly conduct, endangering the life or health of a
24    child, child abandonment, contributing to dependency or
25    neglect of child, or cruelty to children and others, $200
26    for each sentenced violation to the State Treasurer for

 

 

10000SB2590sam001- 44 -LRB100 17152 MRW 39040 a

1    deposit as follows: (i) for sexual assault, as defined in
2    Section 5-9-1.7 of the Unified Code of Corrections, when
3    the offender and victim are family members, one-half to the
4    Domestic Violence Shelter and Service Fund, and one-half to
5    the Sexual Assault Services Fund; (ii) for the remaining
6    offenses to the Domestic Violence Shelter and Service Fund;
7        (14) violation of Section 11-501 of the Illinois
8    Vehicle Code, Section 5-7 of the Snowmobile Registration
9    and Safety Act, Section 5-16 of the Boat Registration and
10    Safety Act, or a similar provision, whose operation of a
11    motor vehicle, snowmobile, or watercraft while in
12    violation of Section 11-501, Section 5-7 of the Snowmobile
13    Registration and Safety Act, Section 5-16 of the Boat
14    Registration and Safety Act, or a similar provision
15    proximately caused an incident resulting in an appropriate
16    emergency response, $1,000 maximum to the public agency
17    that provided an emergency response related to the person's
18    violation, and if more than one agency responded, the
19    amount payable to public agencies shall be shared equally;
20        (15) violation of Section 401, 407, or 407.2 of the
21    Illinois Controlled Substances Act that proximately caused
22    any incident resulting in an appropriate drug-related
23    emergency response, $1,000 as reimbursement for the
24    emergency response to the law enforcement agency that made
25    the arrest, and if more than one agency is responsible for
26    the arrest, the amount payable to law enforcement agencies

 

 

10000SB2590sam001- 45 -LRB100 17152 MRW 39040 a

1    shall be shared equally;
2        (16) violation of reckless driving, aggravated
3    reckless driving, or driving 26 miles per hour or more in
4    excess of the speed limit that triggered an emergency
5    response, $1,000 maximum reimbursement for the emergency
6    response to be distributed in its entirety to a public
7    agency that provided an emergency response related to the
8    person's violation, and if more than one agency responded,
9    the amount payable to public agencies shall be shared
10    equally;
11        (17) violation based upon each plea of guilty,
12    stipulation of facts, or finding of guilt resulting in a
13    judgment of conviction or order of supervision for an
14    offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of
15    the Criminal Code of 2012 that results in the imposition of
16    a fine, to be distributed as follows:
17            (A) $50 to the county treasurer for deposit into
18        the Circuit Court Clerk Operation and Administrative
19        Fund to cover the costs in administering this paragraph
20        (17);
21            (B) $300 to the State Treasurer who shall deposit
22        the portion as follows:
23                (i) if the arresting or investigating agency
24            is the Department of State Police, into the State
25            Police Operations Assistance Fund;
26                (ii) if the arresting or investigating agency

 

 

10000SB2590sam001- 46 -LRB100 17152 MRW 39040 a

1            is the Department of Natural Resources, into the
2            Conservation Police Operations Assistance Fund;
3                (iii) if the arresting or investigating agency
4            is the Secretary of State, into the Secretary of
5            State Police Services Fund;
6                (iv) if the arresting or investigating agency
7            is the Illinois Commerce Commission, into the
8            Public Utility Fund; or
9                (v) if more than one of the State agencies in
10            this subparagraph (B) is the arresting or
11            investigating agency, then equal shares with the
12            shares deposited as provided in the applicable
13            items (i) through (iv) of this subparagraph (B);
14            and
15            (C) the remainder for deposit into the Specialized
16        Services for Survivors of Human Trafficking Fund; and
17        (18) weapons violation under Section 24-1.1, 24-1.2,
18    or 24-1.5 of the Criminal Code of 1961 or the Criminal Code
19    of 2012, $100 for each conviction to the State Treasurer
20    for deposit into the Trauma Center Fund.
 
21
Article 20. Repeal

 
22    Section 20-5. Repeal. This Act is repealed on January 1,
232021.
 

 

 

10000SB2590sam001- 47 -LRB100 17152 MRW 39040 a

1
Article 900. Amendatory Provisions effective July 1, 2018

 
2    Section 900-5. The Unified Code of Corrections is amended
3by changing Sections 5-9-1.1 and 5-9-1.1-5 as follows:
 
4    (730 ILCS 5/5-9-1.1)  (from Ch. 38, par. 1005-9-1.1)
5    (Text of Section from P.A. 94-550, 96-132, 96-402, 96-1234,
697-545, 98-537, and 99-480)
7    Sec. 5-9-1.1. Drug related offenses.
8    (a) When a person has been adjudged guilty of a drug
9related offense involving possession or delivery of cannabis or
10possession or delivery of a controlled substance, other than
11methamphetamine, as defined in the Cannabis Control Act, as
12amended, or the Illinois Controlled Substances Act, as amended,
13in addition to any other penalty imposed, a fine shall be
14levied by the court at not less than the full street value of
15the cannabis or controlled substances seized.
16    "Street value" shall be determined by the court on the
17basis of testimony of law enforcement personnel and the
18defendant as to the amount seized and such testimony as may be
19required by the court as to the current street value of the
20cannabis or controlled substance seized.
21    (b) In addition to any penalty imposed under subsection (a)
22of this Section, a fine of $100 shall be levied by the court,
23the proceeds of which shall be collected by the Circuit Clerk
24and remitted to the State Treasurer under Section 27.6 of the

 

 

10000SB2590sam001- 48 -LRB100 17152 MRW 39040 a

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

 

 

10000SB2590sam001- 49 -LRB100 17152 MRW 39040 a

1after June 30, 2011.
2    (e) In addition to any penalty imposed under subsection (a)
3of this Section, a $25 assessment shall be assessed by the
4court, the proceeds of which shall be collected by the Circuit
5Clerk and remitted to the State Treasurer for deposit into the
6Criminal Justice Information Projects Fund. The moneys
7deposited into the Criminal Justice Information Projects Fund
8under this Section shall be appropriated to and administered by
9the Illinois Criminal Justice Information Authority for
10distribution to fund Department of State Police funding of drug
11task forces and Metropolitan Enforcement Groups by dividing the
12funds equally by the total number of Department of State Police
13drug task forces and Illinois Metropolitan Enforcement Groups.
14    (f) In addition to any penalty imposed under subsection (a)
15of this Section, a $40 assessment shall be assessed by the
16court, the proceeds of which shall be collected by the Circuit
17Clerk. Of the collected proceeds, (i) 90% shall be remitted to
18the State Treasurer for deposit into the Prescription Pill and
19Drug Disposal Fund; (ii) 5% shall be remitted for deposit into
20the Criminal Justice Information Projects Fund, for use by the
21Illinois Criminal Justice Information Authority for the costs
22associated with making grants from the Prescription Pill and
23Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%
24for deposit into the Circuit Court Clerk Operation and
25Administrative Fund for the costs associated with
26administering this subsection.

 

 

10000SB2590sam001- 50 -LRB100 17152 MRW 39040 a

1(Source: P.A. 98-537, eff. 8-23-13; 99-480, eff. 9-9-15.)
 
2    (Text of Section from P.A. 94-556, 96-132, 96-402, 96-1234,
397-545, 98-537, and 99-480)
4    Sec. 5-9-1.1. Drug related offenses.
5    (a) When a person has been adjudged guilty of a drug
6related offense involving possession or delivery of cannabis or
7possession or delivery of a controlled substance as defined in
8the Cannabis Control Act, the Illinois Controlled Substances
9Act, or the Methamphetamine Control and Community Protection
10Act, in addition to any other penalty imposed, a fine shall be
11levied by the court at not less than the full street value of
12the cannabis or controlled substances seized.
13    "Street value" shall be determined by the court on the
14basis of testimony of law enforcement personnel and the
15defendant as to the amount seized and such testimony as may be
16required by the court as to the current street value of the
17cannabis or controlled substance seized.
18    (b) In addition to any penalty imposed under subsection (a)
19of this Section, a fine of $100 shall be levied by the court,
20the proceeds of which shall be collected by the Circuit Clerk
21and remitted to the State Treasurer under Section 27.6 of the
22Clerks of Courts Act for deposit into the Trauma Center Fund
23for distribution as provided under Section 3.225 of the
24Emergency Medical Services (EMS) Systems Act.
25    (c) In addition to any penalty imposed under subsection (a)

 

 

10000SB2590sam001- 51 -LRB100 17152 MRW 39040 a

1of this Section, a fee of $5 shall be assessed by the court,
2the proceeds of which shall be collected by the Circuit Clerk
3and remitted to the State Treasurer under Section 27.6 of the
4Clerks of Courts Act for deposit into the Spinal Cord Injury
5Paralysis Cure Research Trust Fund. This additional fee of $5
6shall not be considered a part of the fine for purposes of any
7reduction in the fine for time served either before or after
8sentencing.
9    (d) (Blank). In addition to any penalty imposed under
10subsection (a) of this Section for a drug related offense
11involving possession or delivery of cannabis or possession or
12delivery of a controlled substance as defined in the Cannabis
13Control Act, the Illinois Controlled Substances Act, or the
14Methamphetamine Control and Community Protection Act, a fee of
15$50 shall be assessed by the court, the proceeds of which shall
16be collected by the Circuit Clerk and remitted to the State
17Treasurer under Section 27.6 of the Clerks of Courts Act for
18deposit into the Performance-enhancing Substance Testing Fund.
19This additional fee of $50 shall not be considered a part of
20the fine for purposes of any reduction in the fine for time
21served either before or after sentencing. The provisions of
22this subsection (d), other than this sentence, are inoperative
23after June 30, 2011.
24    (e) In addition to any penalty imposed under subsection (a)
25of this Section, a $25 assessment shall be assessed by the
26court, the proceeds of which shall be collected by the Circuit

 

 

10000SB2590sam001- 52 -LRB100 17152 MRW 39040 a

1Clerk and remitted to the State Treasurer for deposit into the
2Criminal Justice Information Projects Fund. The moneys
3deposited into the Criminal Justice Information Projects Fund
4under this Section shall be appropriated to and administered by
5the Illinois Criminal Justice Information Authority for
6distribution to fund Department of State Police funding of drug
7task forces and Metropolitan Enforcement Groups by dividing the
8funds equally by the total number of Department of State Police
9drug task forces and Illinois Metropolitan Enforcement Groups.
10    (f) In addition to any penalty imposed under subsection (a)
11of this Section, a $40 assessment shall be assessed by the
12court, the proceeds of which shall be collected by the Circuit
13Clerk. Of the collected proceeds, (i) 90% shall be remitted to
14the State Treasurer for deposit into the Prescription Pill and
15Drug Disposal Fund; (ii) 5% shall be remitted for deposit into
16the Criminal Justice Information Projects Fund, for use by the
17Illinois Criminal Justice Information Authority for the costs
18associated with making grants from the Prescription Pill and
19Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%
20for deposit into the Circuit Court Clerk Operation and
21Administrative Fund for the costs associated with
22administering this subsection.
23(Source: P.A. 98-537, eff. 8-23-13; 99-480, eff. 9-9-15.)
 
24    (730 ILCS 5/5-9-1.1-5)
25    Sec. 5-9-1.1-5. Methamphetamine related offenses.

 

 

10000SB2590sam001- 53 -LRB100 17152 MRW 39040 a

1    (a) When a person has been adjudged guilty of a
2methamphetamine related offense involving possession or
3delivery of methamphetamine or any salt of an optical isomer of
4methamphetamine or possession of a methamphetamine
5manufacturing material as set forth in Section 10 of the
6Methamphetamine Control and Community Protection Act with the
7intent to manufacture a substance containing methamphetamine
8or salt of an optical isomer of methamphetamine, in addition to
9any other penalty imposed, a fine shall be levied by the court
10at not less than the full street value of the methamphetamine
11or salt of an optical isomer of methamphetamine or
12methamphetamine manufacturing materials seized.
13    "Street value" shall be determined by the court on the
14basis of testimony of law enforcement personnel and the
15defendant as to the amount seized and such testimony as may be
16required by the court as to the current street value of the
17methamphetamine or salt of an optical isomer of methamphetamine
18or methamphetamine manufacturing materials seized.
19    (b) In addition to any penalty imposed under subsection (a)
20of this Section, a fine of $100 shall be levied by the court,
21the proceeds of which shall be collected by the Circuit Clerk
22and remitted to the State Treasurer under Section 27.6 of the
23Clerks of Courts Act for deposit into the Methamphetamine Law
24Enforcement Fund and allocated as provided in subsection (d) of
25Section 5-9-1.2.
26    (c) In addition to any penalty imposed under subsection (a)

 

 

10000SB2590sam001- 54 -LRB100 17152 MRW 39040 a

1of this Section, a $25 assessment shall be assessed by the
2court, the proceeds of which shall be collected by the Circuit
3Clerk and remitted to the State Treasurer for deposit into the
4Criminal Justice Information Projects Fund. The moneys
5deposited into the Criminal Justice Information Projects Fund
6under this Section shall be appropriated to and administered by
7the Illinois Criminal Justice Information Authority for
8distribution to fund the Department of State Police funding of
9drug task forces and Metropolitan Enforcement Groups by
10dividing the funds equally by the total number of Department of
11State Police drug task forces and Metropolitan Enforcement
12Groups.
13    (d) In addition to any penalty imposed under subsection (a)
14of this Section, a $40 assessment shall be assessed by the
15court, the proceeds of which shall be collected by the Circuit
16Clerk. Of the collected proceeds, (i) 90% shall be remitted to
17the State Treasurer for deposit into the Prescription Pill and
18Drug Disposal Fund; (ii) 5% shall be remitted for deposit into
19the Criminal Justice Information Projects Fund, for use by the
20Illinois Criminal Justice Information Authority for the costs
21associated with making grants from the Prescription Pill and
22Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%
23for deposit into the Circuit Court Clerk Operation and
24Administrative Fund for the costs associated with
25administering this subsection.
26(Source: P.A. 98-537, eff. 8-23-13; 99-480, eff. 9-9-15.)
 

 

 

10000SB2590sam001- 55 -LRB100 17152 MRW 39040 a

1
Article 905. Amendatory Provisions effective July 1, 2019

 
2    Section 905-5. The Domestic Violence Shelters Act is
3amended by changing Section 3.2 as follows:
 
4    (20 ILCS 1310/3.2)  (from Ch. 40, par. 2403.2)
5    Sec. 3.2. All funds collected pursuant to P.A. 82-645,
6which are held in escrow for refund and for which a refund is
7not approved by September 1, 1988, shall be forwarded to the
8State Treasurer for deposit into the Domestic Violence Shelter
9and Service Fund. The Domestic Violence Shelter and Service
10Fund shall also include assessments fines received by the State
11Treasurer from circuit clerks under the Criminal and Traffic
12Assessment Act in accordance with Section 5-9-1.5 of the
13Unified Code of Corrections. Monies deposited in the Fund
14pursuant to this Section and the income tax check-off for the
15Domestic Violence Shelter and Service Fund authorized by
16Section 507F of the Illinois Income Tax Act shall be
17appropriated to the Department of Human Services for the
18purpose of providing services specified by this Act; however,
19the Department may waive the matching funds requirement of this
20Act with respect to such monies. Any such waiver shall be
21uniform throughout the State. This amendatory Act of 1987
22applies to all funds collected pursuant to PA 82-645, held in
23escrow and for which no refund is approved by September 1,

 

 

10000SB2590sam001- 56 -LRB100 17152 MRW 39040 a

11988, whether those funds are administered by the State, a
2county, a court, or any other unit or agency of government.
3(Source: P.A. 89-507, eff. 7-1-97.)
 
4    Section 905-10. The Burn Victims Relief Act is amended by
5changing Section 10 as follows:
 
6    (20 ILCS 1410/10)
7    Sec. 10. Payments to the George Bailey Memorial Fund. The
8George Bailey Memorial Fund is created as a special fund in the
9State treasury. The George Bailey Memorial Fund shall be funded
10pursuant to subsection (p) of Section 27.6 of the Clerks of
11Courts Act and Section 16-104d of the Illinois Vehicle Code.
12Funds received under Section 16-104d of the Illinois Vehicle
13Code shall be repaid in full to the Fire Truck Revolving Loan
14Fund, without the deduction of the 20% administrative fee
15authorized in subsection (b) of Section 5, upon receipt by the
16George Bailey Memorial Fund from the person or his or her
17estate, trust, or heirs of any moneys from a settlement for the
18injury that is the proximate cause of the person's disability
19under this Act or moneys received from Social Security
20disability benefits. Moneys in the George Bailey Memorial Fund
21may only be used for the purposes set forth in this Act.
22(Source: P.A. 99-455, eff. 1-1-16.)
 
23    Section 905-15. The State Police Act is amended by changing

 

 

10000SB2590sam001- 57 -LRB100 17152 MRW 39040 a

1Section 7.2 as follows:
 
2    (20 ILCS 2610/7.2)
3    Sec. 7.2. State Police Merit Board Public Safety Fund.
4    (a) A special fund in the State treasury is hereby created
5which shall be known as the State Police Merit Board Public
6Safety Fund. The Fund shall be used by the State Police Merit
7Board to provide a cadet program for State Police personnel and
8to meet all costs associated with the functions of the State
9Police Merit Board. Notwithstanding any other law to the
10contrary, the State Police Merit Board Public Safety Fund is
11not subject to sweeps, administrative charge-backs, or any
12other fiscal or budgetary maneuver that would in any way
13transfer any amounts from the State Police Merit Board Public
14Safety Fund into any other fund of the State.
15    (b) The Fund may receive State appropriations, gifts,
16grants, and federal funds and shall include earnings from the
17investment of moneys in the Fund.
18    (c) The administration of this Fund shall be the
19responsibility of the State Police Merit Board. The Board shall
20establish terms and conditions for the operation of the Fund.
21The Board shall establish and implement fiscal controls and
22accounting periods for programs operated using the Fund. All
23fees or moneys received by the State Treasurer under the
24Criminal and Traffic Assessment Act subsection (n) of Section
2527.6 of the Clerks of Courts Act shall be deposited into the

 

 

10000SB2590sam001- 58 -LRB100 17152 MRW 39040 a

1Fund. The moneys deposited in the State Police Merit Board
2Public Safety Fund shall be appropriated to the State Police
3Merit Board for expenses of the Board for the administration
4and conduct of all its programs for State Police personnel.
5(Source: P.A. 97-1051, eff. 1-1-13.)
 
6    Section 905-20. The Illinois Criminal Justice Information
7Act is amended by changing Section 9.1 as follows:
 
8    (20 ILCS 3930/9.1)
9    Sec. 9.1. Criminal Justice Information Projects Fund. The
10Criminal Justice Information Projects Fund is hereby created as
11a special fund in the State Treasury. Grants and other moneys
12obtained by the Authority from governmental entities (other
13than the federal government), private sources, and
14not-for-profit organizations for use in investigating criminal
15justice issues or undertaking other criminal justice
16information projects shall be deposited into the Fund. Moneys
17in the Fund may be used by the Authority, subject to
18appropriation, for undertaking such projects and for the
19operating and other expenses of the Authority incidental to
20those projects, and for the costs associated with making grants
21from the Prescription Pill and Drug Disposal Fund. The moneys
22deposited into the Criminal Justice Information Projects Fund
23under Sections 15-15 and 15-35 of the Criminal and Traffic
24Assessment Act shall be appropriated to and administered by the

 

 

10000SB2590sam001- 59 -LRB100 17152 MRW 39040 a

1Illinois Criminal Justice Information Authority for
2distribution to fund Department of State Police drug task
3forces and Metropolitan Enforcement Groups by dividing the
4funds equally by the total number of Department of State Police
5drug task forces and Illinois Metropolitan Enforcement Groups.
6(Source: P.A. 88-538.)
 
7    Section 905-25. The State Finance Act is amended by
8changing Sections 6b-4, 6z-82, 6z-87, 8p, and 8q and by adding
9Sections 5.886 and 6z-105 as follows:
 
10    (30 ILCS 105/5.886 new)
11    Sec. 5.886. The State Police Law Enforcement
12Administration Fund.
 
13    (30 ILCS 105/6b-4)  (from Ch. 127, par. 142b4)
14    Sec. 6b-4. On the second Monday of every month, the
15Director of Public Health shall certify to the State
16Comptroller and the State Treasurer the amount generated by the
17issuance of commemorative birth certificates under subsection
18(14) of Section 25 of the Vital Records Act in excess of the
19costs incurred in issuing the documents. Within 15 days of
20receipt of the certification required by this Section, the
21State Comptroller and the State Treasurer shall transfer from
22the General Revenue Fund, one-half of the amount certified as
23being received from the issuance of commemorative birth

 

 

10000SB2590sam001- 60 -LRB100 17152 MRW 39040 a

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

 

 

10000SB2590sam001- 61 -LRB100 17152 MRW 39040 a

1    (d) Investment income that is attributable to the
2investment of moneys in the Fund shall be retained in the Fund
3for the uses specified in this Section.
4    (e) The State Police Operations Assistance Fund shall not
5be subject to administrative chargebacks.
6    (f) Notwithstanding any other provision of State law to the
7contrary, on or after July 1, 2012, and until June 30, 2013, in
8addition to any other transfers that may be provided for by
9law, at the direction of and upon notification from the
10Director of State Police, the State Comptroller shall direct
11and the State Treasurer shall transfer amounts into the State
12Police Operations Assistance Fund from the designated funds not
13exceeding the following totals:
14    State Police Vehicle Fund.....................$2,250,000
15    State Police Wireless Service
16        Emergency Fund............................$2,500,000
17    State Police Services Fund....................$3,500,000
18(Source: P.A. 96-1029, eff. 7-13-10; 97-333, eff. 8-12-11;
1997-732, eff. 6-30-12.)
 
20    (30 ILCS 105/6z-87)
21    Sec. 6z-87. Conservation Police Operations Assistance
22Fund.
23    (a) There is created in the State treasury a special fund
24known as the Conservation Police Operations Assistance Fund.
25The Fund shall receive revenue under the Criminal and Traffic

 

 

10000SB2590sam001- 62 -LRB100 17152 MRW 39040 a

1Assessment Act pursuant to Section 27.3a of the Clerks of
2Courts Act. The Fund may also receive revenue from grants,
3donations, appropriations, and any other legal source.
4    (b) The Department of Natural Resources may use moneys in
5the Fund to support any lawful operations of the Illinois
6Conservation Police.
7    (c) Expenditures may be made from the Fund only as
8appropriated by the General Assembly by law.
9    (d) Investment income that is attributable to the
10investment of moneys in the Fund shall be retained in the Fund
11for the uses specified in this Section.
12    (e) The Conservation Police Operations Assistance Fund
13shall not be subject to administrative chargebacks.
14(Source: P.A. 97-46, eff. 7-1-12; 97-813, eff. 7-13-12.)
 
15    (30 ILCS 105/6z-105 new)
16    Sec. 6z-105. State Police Law Enforcement Administration
17Fund.
18    (a) There is created in the State treasury a special fund
19known as the State Police Law Enforcement Administration Fund.
20The Fund shall receive revenue under subsection (c) of Section
2110-5 of the Criminal and Traffic Assessment Act. The Fund may
22also receive revenue from grants, donations, appropriations,
23and any other legal source.
24    (b) The Department of State Police may use moneys in the
25Fund to finance any of its lawful purposes or functions.

 

 

10000SB2590sam001- 63 -LRB100 17152 MRW 39040 a

1    (c) Expenditures may be made from the Fund only as
2appropriated by the General Assembly by law.
3    (d) Investment income that is attributable to the
4investment of moneys in the Fund shall be retained in the Fund
5for the uses specified in this Section.
6    (e) The State Police Law Enforcement Administration Fund
7shall not be subject to administrative chargebacks.
 
8    (30 ILCS 105/8p)
9    Sec. 8p. State Police Streetgang-Related Crime Fund.
10    (a) The State Police Streetgang-Related Crime Fund is
11created as a special fund in the State treasury.
12    (b) All moneys collected and payable to the Department of
13State Police from the State Police Streetgang-Related Crime
14Fund under Section 5-9-1.19 of the Unified Code of Corrections
15shall be deposited into the State Police Streetgang-Related
16Crime Fund and shall be appropriated to and administered by the
17Department of State Police for operations and initiatives to
18combat and prevent streetgang-related crime.
19    (c) The State Police Streetgang-Related Crime Fund shall
20not be subject to administrative chargebacks.
21(Source: P.A. 96-1029, eff. 7-13-10.)
 
22    (30 ILCS 105/8q)
23    Sec. 8q. Illinois Department of Corrections Parole
24Division Offender Supervision Fund.

 

 

10000SB2590sam001- 64 -LRB100 17152 MRW 39040 a

1    (a) The Illinois Department of Corrections Parole Division
2Offender Supervision Fund is created as a special fund in the
3State treasury.
4    (b) All moneys collected and payable to the Department of
5Corrections and under Section 5-9-1.20 of the Unified Code of
6Corrections shall be deposited into the Illinois Department of
7Corrections Parole Division Offender Supervision Fund and
8shall be appropriated to and administered by the Department of
9Corrections for operations and initiatives to combat and
10supervise paroled offenders in the community.
11    (c) The Illinois Department of Corrections Parole Division
12Offender Supervision Fund shall not be subject to
13administrative chargebacks.
14(Source: P.A. 97-262, eff. 8-5-11.)
 
15    Section 905-30. The State Property Control Act is amended
16by changing Section 7c as follows:
 
17    (30 ILCS 605/7c)
18    Sec. 7c. Acquisition of State Police vehicles. The State
19Police Vehicle Fund is created as a special fund in the State
20treasury. The Fund shall consist of fees received pursuant to
21Section 16-104c of the Illinois Vehicle Code. All moneys in the
22Fund, subject to appropriation, shall be used by the Department
23of State Police:
24        (1) for the acquisition of vehicles for that

 

 

10000SB2590sam001- 65 -LRB100 17152 MRW 39040 a

1    Department; or
2        (2) for debt service on bonds issued to finance the
3    acquisition of vehicles for that Department.
4(Source: P.A. 94-839, eff. 6-6-06.)
 
5    Section 905-35. Illinois Police Training Act is amended by
6changing Section 9 as follows:
 
7    (50 ILCS 705/9)  (from Ch. 85, par. 509)
8    Sec. 9. A special fund is hereby established in the State
9Treasury to be known as the Traffic and Criminal Conviction
10Surcharge Fund and shall be financed as provided in Section 9.1
11of this Act and Section 5-9-1 of the Unified Code of
12Corrections, unless the fines, costs, or additional amounts
13imposed are subject to disbursement by the circuit clerk under
14Section 27.5 of the Clerks of Courts Act. Moneys in this Fund
15shall be expended as follows:
16        (1) a portion of the total amount deposited in the Fund
17    may be used, as appropriated by the General Assembly, for
18    the ordinary and contingent expenses of the Illinois Law
19    Enforcement Training Standards Board;
20        (2) a portion of the total amount deposited in the Fund
21    shall be appropriated for the reimbursement of local
22    governmental agencies participating in training programs
23    certified by the Board, in an amount equaling 1/2 of the
24    total sum paid by such agencies during the State's previous

 

 

10000SB2590sam001- 66 -LRB100 17152 MRW 39040 a

1    fiscal year for mandated training for probationary police
2    officers or probationary county corrections officers and
3    for optional advanced and specialized law enforcement or
4    county corrections training; these reimbursements may
5    include the costs for tuition at training schools, the
6    salaries of trainees while in schools, and the necessary
7    travel and room and board expenses for each trainee; if the
8    appropriations under this paragraph (2) are not sufficient
9    to fully reimburse the participating local governmental
10    agencies, the available funds shall be apportioned among
11    such agencies, with priority first given to repayment of
12    the costs of mandatory training given to law enforcement
13    officer or county corrections officer recruits, then to
14    repayment of costs of advanced or specialized training for
15    permanent police officers or permanent county corrections
16    officers;
17        (3) a portion of the total amount deposited in the Fund
18    may be used to fund the Intergovernmental Law Enforcement
19    Officer's In-Service Training Act, veto overridden October
20    29, 1981, as now or hereafter amended, at a rate and method
21    to be determined by the board;
22        (4) a portion of the Fund also may be used by the
23    Illinois Department of State Police for expenses incurred
24    in the training of employees from any State, county or
25    municipal agency whose function includes enforcement of
26    criminal or traffic law;

 

 

10000SB2590sam001- 67 -LRB100 17152 MRW 39040 a

1        (5) a portion of the Fund may be used by the Board to
2    fund grant-in-aid programs and services for the training of
3    employees from any county or municipal agency whose
4    functions include corrections or the enforcement of
5    criminal or traffic law;
6        (6) for fiscal years 2013 through 2017 only, a portion
7    of the Fund also may be used by the Department of State
8    Police to finance any of its lawful purposes or functions;
9    and
10        (7) a portion of the Fund may be used by the Board,
11    subject to appropriation, to administer grants to local law
12    enforcement agencies for the purpose of purchasing
13    bulletproof vests under the Law Enforcement Officer
14    Bulletproof Vest Act.
15    All payments from the Traffic and Criminal Conviction
16Surcharge Fund shall be made each year from moneys appropriated
17for the purposes specified in this Section. No more than 50% of
18any appropriation under this Act shall be spent in any city
19having a population of more than 500,000. The State Comptroller
20and the State Treasurer shall from time to time, at the
21direction of the Governor, transfer from the Traffic and
22Criminal Conviction Surcharge Fund to the General Revenue Fund
23in the State Treasury such amounts as the Governor determines
24are in excess of the amounts required to meet the obligations
25of the Traffic and Criminal Conviction Surcharge Fund.
26(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14;

 

 

10000SB2590sam001- 68 -LRB100 17152 MRW 39040 a

198-743, eff. 1-1-15; 99-78, eff. 7-20-15; 99-523, eff.
26-30-16.)
 
3    (50 ILCS 705/9.1 rep.)
4    Section 905-37. Illinois Police Training Act is amended by
5repealing Section 9.1.
 
6    Section 905-40. The Counties Code is amended by changing
7Sections 3-6023, 4-2004, 4-2005, and 4-2006 as follows:
 
8    (55 ILCS 5/3-6023)  (from Ch. 34, par. 3-6023)
9    Sec. 3-6023. Attendance at courts. Each sheriff shall, in
10person or by deputy, county corrections officer, or court
11security officer, attend upon all courts held in his or her
12county when in session, and obey the lawful orders and
13directions of the court, and shall maintain the security of the
14courthouse. Court services customarily performed by sheriffs
15shall be provided by the sheriff or his or her deputies, county
16corrections officers, or court security officers, rather than
17by employees of the court, unless there are no deputies, county
18corrections officers, or court security officers available to
19perform such services. The expenses of the sheriff in carrying
20out his or her duties under this Section, including the
21compensation of deputies, county corrections officers, or
22court security officers assigned to such services, shall be
23paid to the county from fees collected pursuant to court order

 

 

10000SB2590sam001- 69 -LRB100 17152 MRW 39040 a

1for services of the sheriff and from any court services fees
2collected by the county under the Criminal and Traffic
3Assessment Act pursuant to Section 5-1103, as now or hereafter
4amended.
5(Source: P.A. 89-685, eff. 6-1-97; 89-707, eff. 6-1-97.)
 
6    (55 ILCS 5/4-2004)  (from Ch. 34, par. 4-2004)
7    Sec. 4-2004. Collection and disposition of fines and
8forfeitures. It shall be the duty of State's attorneys to
9attend to the collection of all fines and forfeitures in
10criminal cases, and they shall, without delay, pay over all
11fines and forfeitures collected by them to the county treasurer
12to be deposited into the general corporate fund of the county,
13except as otherwise specifically provided by law and except for
14such portion as is required by Section 9.1 of "The Illinois
15Police Training Act" and Section 5-9-1 of the "Unified Code of
16Corrections" to be paid into The Traffic and Criminal
17Conviction Surcharge Fund in the State Treasury, unless the
18fines and forfeitures are subject to disbursement by the
19circuit clerk under Section 27.5 of the Clerks of Courts Act.
20(Source: P.A. 86-962; 87-670.)
 
21    (55 ILCS 5/4-2005)  (from Ch. 34, par. 4-2005)
22    Sec. 4-2005. Payment of salaries; disposition of fees. The
23salaries of the State's attorneys, excepting that part which is
24to be paid out of the State treasury as now provided for by

 

 

10000SB2590sam001- 70 -LRB100 17152 MRW 39040 a

1law, and the salaries of all Assistant State's attorneys shall
2be paid out of the general corporate fund of the county
3treasury of the county in which the State's attorney resides,
4on the order of the county board by the treasurer of the
5county: The fees which are now, or may hereafter, be provided
6by law to be paid by the defendant or defendants, as State's
7attorney's fees, shall be taxed as costs and all fees, fines,
8forfeitures and penalties shall be collected by the State's
9attorney, except as otherwise specifically provided by law for
10those amounts required by Section 9.1 of the "Illinois Police
11Training Act" and Section 5-9-1 of the "Unified Code of
12Corrections" to be paid into The Traffic and Criminal
13Conviction Surcharge Fund and those amounts subject to
14disbursement by the circuit clerk under Section 27.5 of the
15Clerks of Courts Act, and shall be paid by him directly into
16the county treasury to be deposited into the general corporate
17fund of the county. The county treasurer shall receipt
18therefor.
19(Source: P.A. 86-962; 87-670.)
 
20    (55 ILCS 5/4-2006)  (from Ch. 34, par. 4-2006)
21    Sec. 4-2006. Report of fees.
22    (a) It is hereby made the duty of all State's attorneys to
23report to the circuit court at such times as the court shall
24determine by rule, the payment and collection of all fees,
25fines, forfeitures and penalties and to satisfy the court by

 

 

10000SB2590sam001- 71 -LRB100 17152 MRW 39040 a

1voucher or otherwise, that all fees, fines, forfeitures and
2penalties by them collected, except as otherwise specifically
3provided by law for those amounts required by Section 9.1 of
4the Illinois Police Training Act and Section 5-9-1 of the
5Unified Code of Corrections to be paid into the Traffic and
6Criminal Conviction Surcharge Fund, have been duly paid over to
7the county treasurer, as required by Section 4-2005, and the
8State's attorney shall have no further interest in conviction
9fees, fines, forfeitures and penalties or moneys collected by
10virtue of such office. The court shall note the filing of the
11report and fix a day certain not less than 30 days thereafter,
12when objections in writing may be filed to such report by any
13one or more taxpayers of the county, and when objections are
14filed to such report a hearing may be had upon such report and
15objections at such time and in such manner as the court may
16direct and after such hearing the court may approve or
17disapprove of such report as justice may require, and make all
18proper orders in reference thereto, and if no objections have
19been filed, the court shall inspect such report and require the
20State's attorney to produce evidence in proof of his having
21paid over as required by law all fines and forfeitures
22collected by him; and if it appears to the court that any
23State's attorney has failed or refused to turn over the fines
24and forfeitures collected by him as required by law the court
25shall at once suspend him and appoint a State's attorney pro
26tempore to perform the duties of the office until such State's

 

 

10000SB2590sam001- 72 -LRB100 17152 MRW 39040 a

1attorney shall have complied with the provisions of this
2Division or the orders of the court in regard thereto. The
3court, for the purpose of carrying out the provisions of this
4Section shall have the power to examine books and papers and to
5issue subpoenas to compel the appearance of persons and the
6production of books and records: Provided, however, no order
7entered under this Section shall be a bar to any proper
8proceedings against such State's attorney and his bondsman to
9require him to account for moneys collected and not paid over
10by him as required by law.
11    (b) Waiver of report of fees. The filing of the report of
12fees as provided by subsection (a) of this Section may be
13waived by written administrative order of the chief judge of
14the circuit upon written request and affidavit of the State's
15attorney of a county within the circuit that all fines, fees,
16forfeitures, and restitution are collected by the clerk of the
17circuit court and that none of those funds pass through the
18office of the State's attorney.
19(Source: P.A. 86-962; 87-1201.)
 
20    55 ILCS 5/3-4012 rep.
21    55 ILCS 5/4-2002 rep.
22    55 ILCS 5/4-2002.1 rep.
23    55 ILCS 5/5-1101 rep.
24    55 ILCS 5/5-1101.5 rep.
25    55 ILCS 5/5-1103 rep.

 

 

10000SB2590sam001- 73 -LRB100 17152 MRW 39040 a

1    Section 905-43. The Counties Code is amended by repealing
2Sections 3-4012, 4-2002, 4-2002.1, 5-1101, 5-1101.5, and
35-1103.
 
4    Section 905-45. The Illinois Vehicle Code is amended by
5changing Sections 2-120, 6-118, 11-501.01, 11-605, 11-605.1,
611-605.3, 11-1002.5, 15-113, and 16-105 as follows:
 
7    (625 ILCS 5/2-120)  (from Ch. 95 1/2, par. 2-120)
8    Sec. 2-120. Disposition of fines and forfeitures.
9    (a) Fines Except as provided in subsection (f) of Section
1011-605 and subsection (c) of Section 11-1002.5 of this Code,
11fines and penalties recovered under the provisions of this Act
12administered by the Secretary of State, except those fines,
13assessments, and penalties subject to disbursement by the
14circuit clerk under the Criminal and Traffic Assessment Act
15Section 27.5 of the Clerks of Courts Act, shall be paid over
16and used as follows:
17        1. For violations of this Act committed within the
18    limits of an incorporated city or village, to the treasurer
19    of the particular city or village, if arrested by the
20    authorities of the city or village and reasonably
21    prosecuted for all fines and penalties under this Act by
22    the police officers and officials of the city or village.
23        2. For violations of this Act committed outside the
24    limits of an incorporated city or village to the county

 

 

10000SB2590sam001- 74 -LRB100 17152 MRW 39040 a

1    treasurer of the court where the offense was committed.
2        3. For the purposes of this Act an offense for
3    violation of any provision of this Act not committed upon
4    the highway shall be deemed to be committed where the
5    violator resides or where he has a place of business
6    requiring some registration, permit or license to operate
7    such business under this Act.
8    (b) Failure, refusal or neglect on the part of any judicial
9or other officer or employee receiving or having custody of any
10such fine or forfeiture either before or after a deposit with
11the proper official as defined in paragraph (a) of this
12Section, shall constitute misconduct in office and shall be
13grounds for removal therefrom.
14(Source: P.A. 95-302, eff. 1-1-08.)
 
15    (625 ILCS 5/6-118)
16    Sec. 6-118. Fees.
17    (a) The fee for licenses and permits under this Article is
18as follows:
19    Original driver's license.............................$30
20    Original or renewal driver's license
21        issued to 18, 19 and 20 year olds.................. 5
22    All driver's licenses for persons
23        age 69 through age 80.............................. 5
24    All driver's licenses for persons
25        age 81 through age 86.............................. 2

 

 

10000SB2590sam001- 75 -LRB100 17152 MRW 39040 a

1    All driver's licenses for persons
2        age 87 or older.....................................0
3    Renewal driver's license (except for
4        applicants ages 18, 19 and 20 or
5        age 69 and older)..................................30
6    Original instruction permit issued to
7        persons (except those age 69 and older)
8        who do not hold or have not previously
9        held an Illinois instruction permit or
10        driver's license.................................. 20
11    Instruction permit issued to any person
12        holding an Illinois driver's license
13        who wishes a change in classifications,
14        other than at the time of renewal.................. 5
15    Any instruction permit issued to a person
16        age 69 and older................................... 5
17    Instruction permit issued to any person,
18        under age 69, not currently holding a
19        valid Illinois driver's license or
20        instruction permit but who has
21        previously been issued either document
22        in Illinois....................................... 10
23    Restricted driving permit.............................. 8
24    Monitoring device driving permit...................... 8
25    Duplicate or corrected driver's license
26        or permit.......................................... 5

 

 

10000SB2590sam001- 76 -LRB100 17152 MRW 39040 a

1    Duplicate or corrected restricted
2        driving permit..................................... 5
3    Duplicate or corrected monitoring
4    device driving permit.................................. 5
5    Duplicate driver's license or permit issued to
6        an active-duty member of the
7        United States Armed Forces,
8        the member's spouse, or
9        the dependent children living
10        with the member................................... 0
11    Original or renewal M or L endorsement................. 5
12SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
13        The fees for commercial driver licenses and permits
14    under Article V shall be as follows:
15    Commercial driver's license:
16        $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund
17        (Commercial Driver's License Information
18        System/American Association of Motor Vehicle
19        Administrators network/National Motor Vehicle
20        Title Information Service Trust Fund);
21        $20 for the Motor Carrier Safety Inspection Fund;
22        $10 for the driver's license;
23        and $24 for the CDL:............................. $60
24    Renewal commercial driver's license:
25        $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;
26        $20 for the Motor Carrier Safety Inspection Fund;

 

 

10000SB2590sam001- 77 -LRB100 17152 MRW 39040 a

1        $10 for the driver's license; and
2        $24 for the CDL:................................. $60
3    Commercial learner's permit
4        issued to any person holding a valid
5        Illinois driver's license for the
6        purpose of changing to a
7        CDL classification: $6 for the
8        CDLIS/AAMVAnet/NMVTIS Trust Fund;
9        $20 for the Motor Carrier
10        Safety Inspection Fund; and
11        $24 for the CDL classification................... $50
12    Commercial learner's permit
13        issued to any person holding a valid
14        Illinois CDL for the purpose of
15        making a change in a classification,
16        endorsement or restriction........................ $5
17    CDL duplicate or corrected license.................... $5
18    In order to ensure the proper implementation of the Uniform
19Commercial Driver License Act, Article V of this Chapter, the
20Secretary of State is empowered to pro-rate the $24 fee for the
21commercial driver's license proportionate to the expiration
22date of the applicant's Illinois driver's license.
23    The fee for any duplicate license or permit shall be waived
24for any person who presents the Secretary of State's office
25with a police report showing that his license or permit was
26stolen.

 

 

10000SB2590sam001- 78 -LRB100 17152 MRW 39040 a

1    The fee for any duplicate license or permit shall be waived
2for any person age 60 or older whose driver's license or permit
3has been lost or stolen.
4    No additional fee shall be charged for a driver's license,
5or for a commercial driver's license, when issued to the holder
6of an instruction permit for the same classification or type of
7license who becomes eligible for such license.
8    (b) Any person whose license or privilege to operate a
9motor vehicle in this State has been suspended or revoked under
10Section 3-707, any provision of Chapter 6, Chapter 11, or
11Section 7-205, 7-303, or 7-702 of the Family Financial
12Responsibility Law of this Code, shall in addition to any other
13fees required by this Code, pay a reinstatement fee as follows:
14    Suspension under Section 3-707..................... $100
15    Suspension under Section 11-1431....................$100
16    Summary suspension under Section 11-501.1...........$250
17    Suspension under Section 11-501.9...................$250
18    Summary revocation under Section 11-501.1............$500
19    Other suspension......................................$70
20    Revocation...........................................$500
21    However, any person whose license or privilege to operate a
22motor vehicle in this State has been suspended or revoked for a
23second or subsequent time for a violation of Section 11-501,
2411-501.1, or 11-501.9 of this Code or a similar provision of a
25local ordinance or a similar out-of-state offense or Section
269-3 of the Criminal Code of 1961 or the Criminal Code of 2012

 

 

10000SB2590sam001- 79 -LRB100 17152 MRW 39040 a

1and each suspension or revocation was for a violation of
2Section 11-501, 11-501.1, or 11-501.9 of this Code or a similar
3provision of a local ordinance or a similar out-of-state
4offense or Section 9-3 of the Criminal Code of 1961 or the
5Criminal Code of 2012 shall pay, in addition to any other fees
6required by this Code, a reinstatement fee as follows:
7    Summary suspension under Section 11-501.1............$500
8    Suspension under Section 11-501.9...................$500
9    Summary revocation under Section 11-501.1............$500
10    Revocation...........................................$500
11    (c) All fees collected under the provisions of this Chapter
126 shall be disbursed under subsection (g) of Section 2-119 of
13this Code, except as follows:
14        1. The following amounts shall be paid into the Drivers
15    Education Fund:
16            (A) $16 of the $20 fee for an original driver's
17        instruction permit;
18            (B) $5 of the $30 fee for an original driver's
19        license;
20            (C) $5 of the $30 fee for a 4 year renewal driver's
21        license;
22            (D) $4 of the $8 fee for a restricted driving
23        permit; and
24            (E) $4 of the $8 fee for a monitoring device
25        driving permit.
26        2. $30 of the $250 fee for reinstatement of a license

 

 

10000SB2590sam001- 80 -LRB100 17152 MRW 39040 a

1    summarily suspended under Section 11-501.1 or suspended
2    under Section 11-501.9 shall be deposited into the Drunk
3    and Drugged Driving Prevention Fund. However, for a person
4    whose license or privilege to operate a motor vehicle in
5    this State has been suspended or revoked for a second or
6    subsequent time for a violation of Section 11-501,
7    11-501.1, or 11-501.9 of this Code or Section 9-3 of the
8    Criminal Code of 1961 or the Criminal Code of 2012, $190 of
9    the $500 fee for reinstatement of a license summarily
10    suspended under Section 11-501.1 or suspended under
11    Section 11-501.9, and $190 of the $500 fee for
12    reinstatement of a revoked license shall be deposited into
13    the Drunk and Drugged Driving Prevention Fund. $190 of the
14    $500 fee for reinstatement of a license summarily revoked
15    pursuant to Section 11-501.1 shall be deposited into the
16    Drunk and Drugged Driving Prevention Fund.
17        3. $6 of the original or renewal fee for a commercial
18    driver's license and $6 of the commercial learner's permit
19    fee when the permit is issued to any person holding a valid
20    Illinois driver's license, shall be paid into the
21    CDLIS/AAMVAnet/NMVTIS Trust Fund.
22        4. $30 of the $70 fee for reinstatement of a license
23    suspended under the Family Financial Responsibility Law
24    shall be paid into the Family Responsibility Fund.
25        5. The $5 fee for each original or renewal M or L
26    endorsement shall be deposited into the Cycle Rider Safety

 

 

10000SB2590sam001- 81 -LRB100 17152 MRW 39040 a

1    Training Fund.
2        6. $20 of any original or renewal fee for a commercial
3    driver's license or commercial learner's permit shall be
4    paid into the Motor Carrier Safety Inspection Fund.
5        7. The following amounts shall be paid into the General
6    Revenue Fund:
7            (A) $190 of the $250 reinstatement fee for a
8        summary suspension under Section 11-501.1 or a
9        suspension under Section 11-501.9;
10            (B) $40 of the $70 reinstatement fee for any other
11        suspension provided in subsection (b) of this Section;
12        and
13            (C) $440 of the $500 reinstatement fee for a first
14        offense revocation and $310 of the $500 reinstatement
15        fee for a second or subsequent revocation.
16        8. Fees collected under paragraph (4) of subsection (d)
17    and subsection (h) of Section 6-205 of this Code;
18    subparagraph (C) of paragraph 3 of subsection (c) of
19    Section 6-206 of this Code; and paragraph (4) of subsection
20    (a) of Section 6-206.1 of this Code, shall be paid into the
21    funds set forth in those Sections.
22    (d) All of the proceeds of the additional fees imposed by
23this amendatory Act of the 96th General Assembly shall be
24deposited into the Capital Projects Fund.
25    (e) The additional fees imposed by this amendatory Act of
26the 96th General Assembly shall become effective 90 days after

 

 

10000SB2590sam001- 82 -LRB100 17152 MRW 39040 a

1becoming law.
2    (f) As used in this Section, "active-duty member of the
3United States Armed Forces" means a member of the Armed
4Services or Reserve Forces of the United States or a member of
5the Illinois National Guard who is called to active duty
6pursuant to an executive order of the President of the United
7States, an act of the Congress of the United States, or an
8order of the Governor.
9(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section
1010 of P.A. 99-414 for the effective date of changes made by
11P.A. 98-176); 98-177, eff. 1-1-14; 98-756, eff. 7-16-14;
1298-1172, eff. 1-12-15; 99-127, eff. 1-1-16; 99-438, eff.
131-1-16; 99-642, eff. 7-28-16; 99-933, eff. 1-27-17.)
 
14    (625 ILCS 5/11-501.01)
15    Sec. 11-501.01. Additional administrative sanctions.
16    (a) After a finding of guilt and prior to any final
17sentencing or an order for supervision, for an offense based
18upon an arrest for a violation of Section 11-501 or a similar
19provision of a local ordinance, individuals shall be required
20to undergo a professional evaluation to determine if an
21alcohol, drug, or intoxicating compound abuse problem exists
22and the extent of the problem, and undergo the imposition of
23treatment as appropriate. Programs conducting these
24evaluations shall be licensed by the Department of Human
25Services. The cost of any professional evaluation shall be paid

 

 

10000SB2590sam001- 83 -LRB100 17152 MRW 39040 a

1for by the individual required to undergo the professional
2evaluation.
3    (b) Any person who is found guilty of or pleads guilty to
4violating Section 11-501, including any person receiving a
5disposition of court supervision for violating that Section,
6may be required by the Court to attend a victim impact panel
7offered by, or under contract with, a county State's Attorney's
8office, a probation and court services department, Mothers
9Against Drunk Driving, or the Alliance Against Intoxicated
10Motorists. All costs generated by the victim impact panel shall
11be paid from fees collected from the offender or as may be
12determined by the court.
13    (c) (Blank). Every person found guilty of violating Section
1411-501, whose operation of a motor vehicle while in violation
15of that Section proximately caused any incident resulting in an
16appropriate emergency response, shall be liable for the expense
17of an emergency response as provided in subsection (i) of this
18Section.
19    (d) The Secretary of State shall revoke the driving
20privileges of any person convicted under Section 11-501 or a
21similar provision of a local ordinance.
22    (e) The Secretary of State shall require the use of
23ignition interlock devices for a period not less than 5 years
24on all vehicles owned by a person who has been convicted of a
25second or subsequent offense of Section 11-501 or a similar
26provision of a local ordinance. The person must pay to the

 

 

10000SB2590sam001- 84 -LRB100 17152 MRW 39040 a

1Secretary of State DUI Administration Fund an amount not to
2exceed $30 for each month that he or she uses the device. The
3Secretary shall establish by rule and regulation the procedures
4for certification and use of the interlock system, the amount
5of the fee, and the procedures, terms, and conditions relating
6to these fees. During the time period in which a person is
7required to install an ignition interlock device under this
8subsection (e), that person shall only operate vehicles in
9which ignition interlock devices have been installed, except as
10allowed by subdivision (c)(5) or (d)(5) of Section 6-205 of
11this Code.
12    (f) (Blank). In addition to any other penalties and
13liabilities, a person who is found guilty of or pleads guilty
14to violating Section 11-501, including any person placed on
15court supervision for violating Section 11-501, shall be
16assessed $750, payable to the circuit clerk, who shall
17distribute the money as follows: $350 to the law enforcement
18agency that made the arrest, and $400 shall be forwarded to the
19State Treasurer for deposit into the General Revenue Fund. If
20the person has been previously convicted of violating Section
2111-501 or a similar provision of a local ordinance, the fine
22shall be $1,000, and the circuit clerk shall distribute $200 to
23the law enforcement agency that made the arrest and $800 to the
24State Treasurer for deposit into the General Revenue Fund. In
25the event that more than one agency is responsible for the
26arrest, the amount payable to law enforcement agencies shall be

 

 

10000SB2590sam001- 85 -LRB100 17152 MRW 39040 a

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

 

 

10000SB2590sam001- 86 -LRB100 17152 MRW 39040 a

1including but not limited to the purchase of law enforcement
2equipment and commodities to assist in the prevention of
3alcohol related criminal violence throughout the State; police
4officer training and education in areas related to alcohol
5related crime, including but not limited to DUI training; and
6police officer salaries, including but not limited to salaries
7for hire back funding for safety checkpoints, saturation
8patrols, and liquor store sting operations.
9    (h) Whenever an individual is sentenced for an offense
10based upon an arrest for a violation of Section 11-501 or a
11similar provision of a local ordinance, and the professional
12evaluation recommends remedial or rehabilitative treatment or
13education, neither the treatment nor the education shall be the
14sole disposition and either or both may be imposed only in
15conjunction with another disposition. The court shall monitor
16compliance with any remedial education or treatment
17recommendations contained in the professional evaluation.
18Programs conducting alcohol or other drug evaluation or
19remedial education must be licensed by the Department of Human
20Services. If the individual is not a resident of Illinois,
21however, the court may accept an alcohol or other drug
22evaluation or remedial education program in the individual's
23state of residence. Programs providing treatment must be
24licensed under existing applicable alcoholism and drug
25treatment licensure standards.
26    (i) (Blank). In addition to any other fine or penalty

 

 

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1required by law, an individual convicted of a violation of
2Section 11-501, Section 5-7 of the Snowmobile Registration and
3Safety Act, Section 5-16 of the Boat Registration and Safety
4Act, or a similar provision, whose operation of a motor
5vehicle, snowmobile, or watercraft while in violation of
6Section 11-501, Section 5-7 of the Snowmobile Registration and
7Safety Act, Section 5-16 of the Boat Registration and Safety
8Act, or a similar provision proximately caused an incident
9resulting in an appropriate emergency response, shall be
10required to make restitution to a public agency for the costs
11of that emergency response. The restitution may not exceed
12$1,000 per public agency for each emergency response. As used
13in this subsection (i), "emergency response" means any incident
14requiring a response by a police officer, a firefighter carried
15on the rolls of a regularly constituted fire department, or an
16ambulance. With respect to funds designated for the Department
17of State Police, the moneys shall be remitted by the circuit
18court clerk to the State Police within one month after receipt
19for deposit into the State Police DUI Fund. With respect to
20funds designated for the Department of Natural Resources, the
21Department of Natural Resources shall deposit the moneys into
22the Conservation Police Operations Assistance Fund.
23    (j) A person that is subject to a chemical test or tests of
24blood under subsection (a) of Section 11-501.1 or subdivision
25(c)(2) of Section 11-501.2 of this Code, whether or not that
26person consents to testing, shall be liable for the expense up

 

 

10000SB2590sam001- 88 -LRB100 17152 MRW 39040 a

1to $500 for blood withdrawal by a physician authorized to
2practice medicine, a licensed physician assistant, a licensed
3advanced practice registered nurse, a registered nurse, a
4trained phlebotomist, a licensed paramedic, or a qualified
5person other than a police officer approved by the Department
6of State Police to withdraw blood, who responds, whether at a
7law enforcement facility or a health care facility, to a police
8department request for the drawing of blood based upon refusal
9of the person to submit to a lawfully requested breath test or
10probable cause exists to believe the test would disclose the
11ingestion, consumption, or use of drugs or intoxicating
12compounds if:
13        (1) the person is found guilty of violating Section
14    11-501 of this Code or a similar provision of a local
15    ordinance; or
16        (2) the person pleads guilty to or stipulates to facts
17    supporting a violation of Section 11-503 of this Code or a
18    similar provision of a local ordinance when the plea or
19    stipulation was the result of a plea agreement in which the
20    person was originally charged with violating Section
21    11-501 of this Code or a similar local ordinance.
22(Source: P.A. 99-289, eff. 8-6-15; 99-296, eff. 1-1-16; 99-642,
23eff. 7-28-16; 100-513, eff. 1-1-18.)
 
24    (625 ILCS 5/11-605)  (from Ch. 95 1/2, par. 11-605)
25    Sec. 11-605. Special speed limit while passing schools.

 

 

10000SB2590sam001- 89 -LRB100 17152 MRW 39040 a

1    (a) For the purpose of this Section, "school" means the
2following entities:
3        (1) A public or private primary or secondary school.
4        (2) A primary or secondary school operated by a
5    religious institution.
6        (3) A public, private, or religious nursery school.
7    On a school day when school children are present and so
8close thereto that a potential hazard exists because of the
9close proximity of the motorized traffic, no person shall drive
10a motor vehicle at a speed in excess of 20 miles per hour while
11passing a school zone or while traveling on a roadway on public
12school property or upon any public thoroughfare where children
13pass going to and from school.
14    For the purpose of this Section a school day shall begin at
15seven ante meridian and shall conclude at four post meridian.
16    This Section shall not be applicable unless appropriate
17signs are posted upon streets and highways under their
18respective jurisdiction and maintained by the Department,
19township, county, park district, city, village or incorporated
20town wherein the school zone is located. With regard to the
21special speed limit while passing schools, such signs shall
22give proper due warning that a school zone is being approached
23and shall indicate the school zone and the maximum speed limit
24in effect during school days when school children are present.
25    (b) (Blank).
26    (c) Nothing in this Chapter shall prohibit the use of

 

 

10000SB2590sam001- 90 -LRB100 17152 MRW 39040 a

1electronic speed-detecting devices within 500 feet of signs
2within a special school speed zone indicating such zone, as
3defined in this Section, nor shall evidence obtained thereby be
4inadmissible in any prosecution for speeding provided the use
5of such device shall apply only to the enforcement of the speed
6limit in such special school speed zone.
7    (d) (Blank).
8    (e) Except as provided in subsection (e-5), a person who
9violates this Section is guilty of a petty offense. Violations
10of this Section are punishable with a minimum fine of $150 for
11the first violation and a minimum fine of $300 for the second
12or subsequent violation.
13    (e-5) A person committing a violation of this Section is
14guilty of aggravated special speed limit while passing schools
15when he or she drives a motor vehicle at a speed that is:
16        (1) 26 miles per hour or more but less than 35 miles
17    per hour in excess of the applicable special speed limit
18    established under this Section or a similar provision of a
19    local ordinance and is guilty of a Class B misdemeanor; or
20        (2) 35 miles per hour or more in excess of the
21    applicable special speed limit established under this
22    Section or a similar provision of a local ordinance and is
23    guilty of a Class A misdemeanor.
24    (f) (Blank). When a fine for a violation of subsection (a)
25is $150 or greater, the person who violates subsection (a)
26shall be charged an additional $50 to be paid to the unit

 

 

10000SB2590sam001- 91 -LRB100 17152 MRW 39040 a

1school district where the violation occurred for school safety
2purposes. If the violation occurred in a dual school district,
3$25 of the surcharge shall be paid to the elementary school
4district for school safety purposes and $25 of the surcharge
5shall be paid to the high school district for school safety
6purposes. Notwithstanding any other provision of law, the
7entire $50 surcharge shall be paid to the appropriate school
8district or districts.
9    For purposes of this subsection (f), "school safety
10purposes" includes the costs associated with school zone safety
11education, the Safe Routes to School Program under Section
122705-317 of the Department of Transportation Law of the Civil
13Administrative Code of Illinois, safety programs within the
14School Safety and Educational Improvement Block Grant Program
15under Section 2-3.51.5 of the School Code, and the purchase,
16installation, and maintenance of caution lights which are
17mounted on school speed zone signs.
18    (g) (Blank).
19    (h) (Blank).
20(Source: P.A. 99-212, eff. 1-1-16.)
 
21    (625 ILCS 5/11-605.1)
22    Sec. 11-605.1. Special limit while traveling through a
23highway construction or maintenance speed zone.
24    (a) A person may not operate a motor vehicle in a
25construction or maintenance speed zone at a speed in excess of

 

 

10000SB2590sam001- 92 -LRB100 17152 MRW 39040 a

1the posted speed limit when workers are present.
2    (a-5) A person may not operate a motor vehicle in a
3construction or maintenance speed zone at a speed in excess of
4the posted speed limit when workers are not present.
5    (b) Nothing in this Chapter prohibits the use of electronic
6speed-detecting devices within 500 feet of signs within a
7construction or maintenance speed zone indicating the zone, as
8defined in this Section, nor shall evidence obtained by use of
9those devices be inadmissible in any prosecution for speeding,
10provided the use of the device shall apply only to the
11enforcement of the speed limit in the construction or
12maintenance speed zone.
13    (c) As used in this Section, a "construction or maintenance
14speed zone" is an area in which the Department, Toll Highway
15Authority, or local agency has posted signage advising drivers
16that a construction or maintenance speed zone is being
17approached, or in which the Department, Authority, or local
18agency has posted a lower speed limit with a highway
19construction or maintenance speed zone special speed limit sign
20after determining that the preexisting established speed limit
21through a highway construction or maintenance project is
22greater than is reasonable or safe with respect to the
23conditions expected to exist in the construction or maintenance
24speed zone.
25    If it is determined that the preexisting established speed
26limit is safe with respect to the conditions expected to exist

 

 

10000SB2590sam001- 93 -LRB100 17152 MRW 39040 a

1in the construction or maintenance speed zone, additional speed
2limit signs which conform to the requirements of this
3subsection (c) shall be posted.
4    Highway construction or maintenance speed zone special
5speed limit signs shall be of a design approved by the
6Department. The signs must give proper due warning that a
7construction or maintenance speed zone is being approached and
8must indicate the maximum speed limit in effect. The signs also
9must state the amount of the minimum fine for a violation.
10    (d) Except as provided under subsection (d-5), a person who
11violates this Section is guilty of a petty offense. Violations
12of this Section are punishable with a minimum fine of $250 for
13the first violation and a minimum fine of $750 for the second
14or subsequent violation.
15    (d-5) A person committing a violation of this Section is
16guilty of aggravated special speed limit while traveling
17through a highway construction or maintenance speed zone when
18he or she drives a motor vehicle at a speed that is:
19        (1) 26 miles per hour or more but less than 35 miles
20    per hour in excess of the applicable special speed limit
21    established under this Section or a similar provision of a
22    local ordinance and is guilty of a Class B misdemeanor; or
23        (2) 35 miles per hour or more in excess of the
24    applicable special speed limit established under this
25    Section or a similar provision of a local ordinance and is
26    guilty of a Class A misdemeanor.

 

 

10000SB2590sam001- 94 -LRB100 17152 MRW 39040 a

1    (e) (Blank). If a fine for a violation of this Section is
2$250 or greater, the person who violated this Section shall be
3charged an additional $125, which shall be deposited into the
4Transportation Safety Highway Hire-back Fund in the State
5treasury, unless (i) the violation occurred on a highway other
6than an interstate highway and (ii) a county police officer
7wrote the ticket for the violation, in which case the $125
8shall be deposited into that county's Transportation Safety
9Highway Hire-back Fund. In the case of a second or subsequent
10violation of this Section, if the fine is $750 or greater, the
11person who violated this Section shall be charged an additional
12$250, which shall be deposited into the Transportation Safety
13Highway Hire-back Fund in the State treasury, unless (i) the
14violation occurred on a highway other than an interstate
15highway and (ii) a county police officer wrote the ticket for
16the violation, in which case the $250 shall be deposited into
17that county's Transportation Safety Highway Hire-back Fund.
18    (e-5) The Department of State Police and the local county
19police department have concurrent jurisdiction over any
20violation of this Section that occurs on an interstate highway.
21    (f) The Transportation Safety Highway Hire-back Fund,
22which was created by Public Act 92-619, shall continue to be a
23special fund in the State treasury. Subject to appropriation by
24the General Assembly and approval by the Secretary, the
25Secretary of Transportation shall use all moneys in the
26Transportation Safety Highway Hire-back Fund to hire off-duty

 

 

10000SB2590sam001- 95 -LRB100 17152 MRW 39040 a

1Department of State Police officers to monitor construction or
2maintenance zones.
3    (f-5) Each county shall create a Transportation Safety
4Highway Hire-back Fund. The county shall use the moneys in its
5Transportation Safety Highway Hire-back Fund to hire off-duty
6county police officers to monitor construction or maintenance
7zones in that county on highways other than interstate
8highways. The county, in its discretion, may also use a portion
9of the moneys in its Transportation Safety Highway Hire-back
10Fund to purchase equipment for county law enforcement and fund
11the production of materials to educate drivers on construction
12zone safe driving habits.
13    (g) For a second or subsequent violation of this Section
14within 2 years of the date of the previous violation, the
15Secretary of State shall suspend the driver's license of the
16violator for a period of 90 days. This suspension shall only be
17imposed if the current violation of this Section and at least
18one prior violation of this Section occurred during a period
19when workers were present in the construction or maintenance
20zone.
21(Source: P.A. 98-337, eff. 1-1-14; 99-212, eff. 1-1-16; 99-280,
22eff. 1-1-16; 99-642, eff. 7-28-16.)
 
23    (625 ILCS 5/11-605.3)
24    Sec. 11-605.3. Special traffic protections while passing
25parks and recreation facilities and areas.

 

 

10000SB2590sam001- 96 -LRB100 17152 MRW 39040 a

1    (a) As used in this Section:
2        (1) "Park district" means the following entities:
3            (A) any park district organized under the Park
4        District Code;
5            (B) any park district organized under the Chicago
6        Park District Act; and
7            (C) any municipality, county, forest district,
8        school district, township, or other unit of local
9        government that operates a public recreation
10        department or public recreation facilities that has
11        recreation facilities that are not on land owned by any
12        park district listed in subparagraphs (A) and (B) of
13        this subdivision (a)(1).
14        (2) "Park zone" means the recreation facilities and
15    areas on any land owned or operated by a park district that
16    are used for recreational purposes, including but not
17    limited to: parks; playgrounds; swimming pools; hiking
18    trails; bicycle paths; picnic areas; roads and streets; and
19    parking lots.
20        (3) "Park zone street" means that portion of any street
21    or intersection under the control of a local unit of
22    government, adjacent to a park zone, where the local unit
23    of government has, by ordinance or resolution, designated
24    and approved the street or intersection as a park zone
25    street. If, before the effective date of this amendatory
26    Act of the 94th General Assembly, a street already had a

 

 

10000SB2590sam001- 97 -LRB100 17152 MRW 39040 a

1    posted speed limit lower than 20 miles per hour, then the
2    lower limit may be used for that park zone street.
3        (4) "Safety purposes" means the costs associated with:
4    park zone safety education; the purchase, installation,
5    and maintenance of signs, roadway painting, and caution
6    lights mounted on park zone signs; and any other expense
7    associated with park zones and park zone streets.
8    (b) On any day when children are present and within 50 feet
9of motorized traffic, a person may not drive a motor vehicle at
10a speed in excess of 20 miles per hour or any lower posted
11speed while traveling on a park zone street that has been
12designated for the posted reduced speed.
13    (c) On any day when children are present and within 50 feet
14of motorized traffic, any driver traveling on a park zone
15street who fails to come to a complete stop at a stop sign or
16red light, including a driver who fails to come to a complete
17stop at a red light before turning right onto a park zone
18street, is in violation of this Section.
19    (d) This Section does not apply unless appropriate signs
20are posted upon park zone streets maintained by the Department
21or by the unit of local government in which the park zone is
22located. With regard to the special speed limit on park zone
23streets, the signs must give proper due warning that a park
24zone is being approached and must indicate the maximum speed
25limit on the park zone street.
26    (e) A first violation of this Section is a petty offense

 

 

10000SB2590sam001- 98 -LRB100 17152 MRW 39040 a

1with a minimum fine of $250. A second or subsequent violation
2of this Section is a petty offense with a minimum fine of $500.
3    (f) (Blank). When a fine for a violation of this Section is
4imposed, the person who violates this Section shall be charged
5an additional $50, to be paid to the park district for safety
6purposes.
7    (g) The Department shall, within 6 months of the effective
8date of this amendatory Act of the 94th General Assembly,
9design a set of standardized traffic signs for park zones and
10park zone streets, including but not limited to: "park zone",
11"park zone speed limit", and "warning: approaching a park
12zone". The design of these signs shall be made available to all
13units of local government or manufacturers at no charge, except
14for reproduction and postage.
15(Source: P.A. 94-808, eff. 5-26-06.)
 
16    (625 ILCS 5/11-1002.5)
17    Sec. 11-1002.5. Pedestrians' right-of-way at crosswalks;
18school zones.
19    (a) For the purpose of this Section, "school" has the
20meaning ascribed to that term in Section 11-605.
21    On a school day when school children are present and so
22close thereto that a potential hazard exists because of the
23close proximity of the motorized traffic and when traffic
24control signals are not in place or not in operation, the
25driver of a vehicle shall stop and yield the right-of-way to a

 

 

10000SB2590sam001- 99 -LRB100 17152 MRW 39040 a

1pedestrian crossing the roadway within a crosswalk when the
2pedestrian is upon the half of the roadway upon which the
3vehicle is traveling, or when the pedestrian is approaching so
4closely from the opposite half of the roadway as to be in
5danger.
6    For the purpose of this Section, a school day shall begin
7at seven ante meridian and shall conclude at four post
8meridian.
9    This Section shall not be applicable unless appropriate
10signs are posted in accordance with Section 11-605.
11    (b) A first violation of this Section is a petty offense
12with a minimum fine of $150. A second or subsequent violation
13of this Section is a petty offense with a minimum fine of $300.
14    (c) (Blank). When a fine for a violation of subsection (a)
15is $150 or greater, the person who violates subsection (a)
16shall be charged an additional $50 to be paid to the unit
17school district where the violation occurred for school safety
18purposes. If the violation occurred in a dual school district,
19$25 of the surcharge shall be paid to the elementary school
20district for school safety purposes and $25 of the surcharge
21shall be paid to the high school district for school safety
22purposes. Notwithstanding any other provision of law, the
23entire $50 surcharge shall be paid to the appropriate school
24district or districts.
25    For purposes of this subsection (c), "school safety
26purposes" has the meaning ascribed to that term in Section

 

 

10000SB2590sam001- 100 -LRB100 17152 MRW 39040 a

111-605.
2(Source: P.A. 95-302, eff. 1-1-08; 96-1165, eff. 7-22-10.)
 
3    (625 ILCS 5/15-113)  (from Ch. 95 1/2, par. 15-113)
4    Sec. 15-113. Violations; Penalties.
5    (a) Whenever any vehicle is operated in violation of the
6provisions of Section 15-111 or subsection (d) of Section
73-401, the owner or driver of such vehicle shall be deemed
8guilty of such violation and either the owner or the driver of
9such vehicle may be prosecuted for such violation. Any person
10charged with a violation of any of these provisions who pleads
11not guilty shall be present in court for the trial on the
12charge. Any person, firm or corporation convicted of any
13violation of Section 15-111 including, but not limited to, a
14maximum axle or gross limit specified on a regulatory sign
15posted in accordance with paragraph (e) or (f) of Section
1615-111, shall be fined according to the following schedule:
 
17Up to and including 2000 pounds overweight, the fine is $100
 
18From 2001 through 2500 pounds overweight, the fine is $270
 
19From 2501 through 3000 pounds overweight, the fine is $330
 
20From 3001 through 3500 pounds overweight, the fine is $520
 

 

 

10000SB2590sam001- 101 -LRB100 17152 MRW 39040 a

1From 3501 through 4000 pounds overweight, the fine is $600
 
2From 4001 through 4500 pounds overweight, the fine is $850
 
3From 4501 through 5000 pounds overweight, the fine is $950
 
4From 5001 or more pounds overweight, the fine shall be computed
5by assessing $1500 for the first 5000 pounds overweight and
6$150 for each additional increment of 500 pounds overweight or
7fraction thereof.
 
8    In addition any person, firm or corporation convicted of 4
9or more violations of Section 15-111 within any 12 month period
10shall be fined an additional amount of $5,000 for the fourth
11and each subsequent conviction within the 12 month period.
12Provided, however, that with regard to a firm or corporation, a
13fourth or subsequent conviction shall mean a fourth or
14subsequent conviction attributable to any one employee-driver.
15    (b) Whenever any vehicle is operated in violation of the
16provisions of Sections 15-102, 15-103 or 15-107, the owner or
17driver of such vehicle shall be deemed guilty of such violation
18and either may be prosecuted for such violation. Any person,
19firm or corporation convicted of any violation of Sections
2015-102, 15-103 or 15-107 shall be fined for the first or second
21conviction an amount equal to not less than $50 nor more than
22$500, and for the third and subsequent convictions by the same

 

 

10000SB2590sam001- 102 -LRB100 17152 MRW 39040 a

1person, firm or corporation within a period of one year after
2the date of the first offense, not less than $500 nor more than
3$1,000.
4    (c) All proceeds equal to 50% of the additional fines
5imposed under subsection (a) of this Section by this amendatory
6Act of the 96th General Assembly shall be remitted to the State
7Treasurer and deposited into the Capital Projects Fund.
8(Source: P.A. 96-34, eff. 1-1-10; 96-1000, eff. 7-2-10; 97-201,
9eff. 1-1-12.)
 
10    (625 ILCS 5/16-105)  (from Ch. 95 1/2, par. 16-105)
11    Sec. 16-105. Disposition of fines and forfeitures.
12    (a) Except as provided in Section 15-113 and Section
1316-104a of this Act and except for those amounts required to be
14paid into the Traffic and Criminal Conviction Surcharge Fund in
15the State Treasury pursuant to Section 9.1 of the Illinois
16Police Training Act and Section 5-9-1 of the Unified Code of
17Corrections and except those amounts subject to disbursement by
18the circuit clerk under the Criminal and Traffic Assessment Act
19Section 27.5 of the Clerks of Courts Act, fines and penalties
20recovered under the provisions of Chapters 3 11 through 17 and
2118b 16 inclusive of this Code shall be paid and used as
22follows:
23        1. For offenses committed upon a highway within the
24    limits of a city, village, or incorporated town or under
25    the jurisdiction of any park district, to the treasurer of

 

 

10000SB2590sam001- 103 -LRB100 17152 MRW 39040 a

1    the particular city, village, incorporated town or park
2    district, if the violator was arrested by the authorities
3    of the city, village, incorporated town or park district,
4    provided the police officers and officials of cities,
5    villages, incorporated towns and park districts shall
6    seasonably prosecute for all fines and penalties under this
7    Code. If the violation is prosecuted by the authorities of
8    the county, any fines or penalties recovered shall be paid
9    to the county treasurer, except that fines and penalties
10    recovered from violations arrested by the State Police
11    shall be remitted to the State Police Law Enforcement
12    Administration Fund. Provided further that if the violator
13    was arrested by the State Police, fines and penalties
14    recovered under the provisions of paragraph (a) of Section
15    15-113 of this Code or paragraph (e) of Section 15-316 of
16    this Code shall be paid over to the Department of State
17    Police which shall thereupon remit the amount of the fines
18    and penalties so received to the State Treasurer who shall
19    deposit the amount so remitted in the special fund in the
20    State treasury known as the Road Fund except that if the
21    violation is prosecuted by the State's Attorney, 10% of the
22    fine or penalty recovered shall be paid to the State's
23    Attorney as a fee of his office and the balance shall be
24    paid over to the Department of State Police for remittance
25    to and deposit by the State Treasurer as hereinabove
26    provided.

 

 

10000SB2590sam001- 104 -LRB100 17152 MRW 39040 a

1        2. Except as provided in paragraph 4, for offenses
2    committed upon any highway outside the limits of a city,
3    village, incorporated town or park district, to the county
4    treasurer of the county where the offense was committed
5    except if such offense was committed on a highway
6    maintained by or under the supervision of a township,
7    township district, or a road district to the Treasurer
8    thereof for deposit in the road and bridge fund of such
9    township or other district, except that fines and penalties
10    recovered from violations arrested by the State Police
11    shall be remitted to the State Police Law Enforcement
12    Administration Fund; provided ; Provided, that fines and
13    penalties recovered under the provisions of paragraph (a)
14    of Section 15-113, paragraph (d) of Section 3-401, or
15    paragraph (e) of Section 15-316 of this Code shall be paid
16    over to the Department of State Police which shall
17    thereupon remit the amount of the fines and penalties so
18    received to the State Treasurer who shall deposit the
19    amount so remitted in the special fund in the State
20    treasury known as the Road Fund except that if the
21    violation is prosecuted by the State's Attorney, 10% of the
22    fine or penalty recovered shall be paid to the State's
23    Attorney as a fee of his office and the balance shall be
24    paid over to the Department of State Police for remittance
25    to and deposit by the State Treasurer as hereinabove
26    provided.

 

 

10000SB2590sam001- 105 -LRB100 17152 MRW 39040 a

1        3. Notwithstanding subsections 1 and 2 of this
2    paragraph, for violations of overweight and overload
3    limits found in Sections 15-101 through 15-203 of this
4    Code, which are committed upon the highways belonging to
5    the Illinois State Toll Highway Authority, fines and
6    penalties shall be paid over to the Illinois State Toll
7    Highway Authority for deposit with the State Treasurer into
8    that special fund known as the Illinois State Toll Highway
9    Authority Fund, except that if the violation is prosecuted
10    by the State's Attorney, 10% of the fine or penalty
11    recovered shall be paid to the State's Attorney as a fee of
12    his office and the balance shall be paid over to the
13    Illinois State Toll Highway Authority for remittance to and
14    deposit by the State Treasurer as hereinabove provided.
15        4. With regard to violations of overweight and overload
16    limits found in Sections 15-101 through 15-203 of this Code
17    committed by operators of vehicles registered as Special
18    Hauling Vehicles, for offenses committed upon a highway
19    within the limits of a city, village, or incorporated town
20    or under the jurisdiction of any park district, all fines
21    and penalties shall be paid over or retained as required in
22    paragraph 1. However, with regard to the above offenses
23    committed by operators of vehicles registered as Special
24    Hauling Vehicles upon any highway outside the limits of a
25    city, village, incorporated town or park district, fines
26    and penalties shall be paid over or retained by the entity

 

 

10000SB2590sam001- 106 -LRB100 17152 MRW 39040 a

1    having jurisdiction over the road or highway upon which the
2    offense occurred, except that if the violation is
3    prosecuted by the State's Attorney, 10% of the fine or
4    penalty recovered shall be paid to the State's Attorney as
5    a fee of his office.
6    (b) Failure, refusal or neglect on the part of any judicial
7or other officer or employee receiving or having custody of any
8such fine or forfeiture either before or after a deposit with
9the proper official as defined in paragraph (a) of this
10Section, shall constitute misconduct in office and shall be
11grounds for removal therefrom.
12(Source: P.A. 96-34, eff. 1-1-10.)
 
13    (625 ILCS 5/16-104a rep.)
14    (625 ILCS 5/16-104b rep.)
15    (625 ILCS 5/16-104c rep.)
16    (625 ILCS 5/16-104d rep.)
17    (625 ILCS 5/16-104d-1 rep.)
18    Section 905-47. The Illinois Vehicle Code is amended by
19repealing Sections 16-104a, 16-104b, 16-104c, 16-104d, and
2016-104d-1.
 
21    Section 905-50. The Access to Justice Act is amended by
22changing Section 15 as follows:
 
23    (705 ILCS 95/15)

 

 

10000SB2590sam001- 107 -LRB100 17152 MRW 39040 a

1    Sec. 15. Access to Justice Fund.
2    (a) The Access to Justice Fund is created as a special fund
3in the State treasury. The Fund shall consist of fees collected
4under Section 27.3g of the Clerks of Courts Act. Moneys in the
5Access to Justice Fund shall be appropriated to the Attorney
6General for disbursements to the Foundation. The Foundation
7shall use the moneys to make grants and distributions for the
8administration of the pilot programs created under this Act.
9Grants or distributions made under this Act to the Foundation
10are subject to the requirements of the Illinois Grant Funds
11Recovery Act.
12    (b) In accordance with the requirements of the Illinois
13Equal Justice Act, the Foundation may make grants, enter into
14contracts, and take other actions recommended by the Council to
15effectuate the pilot programs and comply with the other
16requirements of this Act.
17    (c) The governing board of the Foundation must prepare and
18submit an annual report to the Governor, the President of the
19Senate, the Minority Leader of the Senate, the Speaker of the
20House of Representatives, the Minority Leader of the House of
21Representatives, and the Justices of the Illinois Supreme
22Court. The report must include: (i) a statement of the total
23receipts and a breakdown by source during each of the previous
242 calendar years; (ii) a list of the names and addresses of the
25recipients that are currently receiving grants or
26distributions and that received grants or distributions in the

 

 

10000SB2590sam001- 108 -LRB100 17152 MRW 39040 a

1previous year and the amounts committed to recipients for the
2current year and paid in the previous year; (iii) a breakdown
3of the amounts of grants or distributions paid during the
4previous year to recipients and the amounts committed to each
5recipient for the current year; (iv) a breakdown of the
6Foundation's costs in administering the Fund; (v) a statement
7of the Fund balance at the start and at the close of the
8previous year and the interest earned during the previous year;
9and (vi) any notices the Foundation issued denying applications
10for grants or distributions under this Act. The report, in its
11entirety, is a public record, and the Foundation and the
12Governor shall make the report available for inspection upon
13request.
14    (d) The Foundation may annually retain a portion of the
15disbursements it receives under this Section to reimburse the
16Foundation for the actual cost of administering the Council and
17for making the grants and distributions pursuant to this Act
18during that year.
19    (e) No moneys distributed by the Foundation from the Access
20to Justice Fund may be directly or indirectly used for lobbying
21activities, as defined in Section 2 of the Lobbyist
22Registration Act or as defined in any ordinance or resolution
23of a municipality, county, or other unit of local government in
24Illinois.
25    (f) The Foundation may make, enter into, and execute
26contracts, agreements, leases, and other instruments with any

 

 

10000SB2590sam001- 109 -LRB100 17152 MRW 39040 a

1person, including without limitation any federal, State, or
2local governmental agency, and may take other actions that may
3be necessary or convenient to accomplish any purpose authorized
4by this Act.
5    (g) The Foundation has the authority to receive and accept
6any and all grants, loans, subsidies, matching funds,
7reimbursements, federal grant moneys, fees for services, and
8other things of value from the federal or State government or
9any agency of any other state or from any institution, person,
10firm, or corporation, public or private, to be used to carry
11out the purposes of this Act.
12(Source: P.A. 98-351, eff. 8-15-13; 99-281, eff. 8-5-15.)
 
13    Section 905-55. The Clerks of Courts Act is amended by
14changing Sections 27.2b and 27.3 and by adding Section 27.1b as
15follows:
 
16    (705 ILCS 105/27.1b new)
17    Sec. 27.1b. Circuit court clerk fees. Notwithstanding any
18other provision of law, all fees charged by the clerks of the
19circuit court for the services described in this Section shall
20be established, collected, and disbursed in accordance with
21this Section. All fees under this Section shall be paid in
22advance and disbursed by each clerk on a monthly basis. Unless
23otherwise specified in this Section, the amount of a fee shall
24be determined by ordinance or resolution of the county board

 

 

10000SB2590sam001- 110 -LRB100 17152 MRW 39040 a

1and remitted to the county treasurer to be used for purposes
2related to the operation of the court system in the county. In
3a county with population of over 3,000,000, any amount retained
4by the clerk of the circuit court or remitted to the county
5treasurer shall be subject to appropriation by the county
6board.
7    (a) Civil cases. The fee for filing a complaint, petition,
8or other pleading initiating a civil action shall be as set
9forth in the applicable schedule under this subsection in
10accordance with case categories established by the Supreme
11Court in schedules.
12        (1) SCHEDULE 1: not to exceed a total of $366 in a
13    county with a population of 3,000,000 or more and $316 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 $190 through
17    December 31, 2021 and $184 on and after January 1, 2022.
18    The fees collected under this schedule shall be disbursed
19    as follows:
20            (A) The clerk shall retain a sum, in an amount not
21        to exceed $55 in a county with a population of
22        3,000,000 or more and $45 in any other county
23        determined by the clerk with the approval of the
24        Supreme Court, to be used for court automation, court
25        document storage, and administrative purposes.
26            (B) The clerk shall remit up to $21 to the State

 

 

10000SB2590sam001- 111 -LRB100 17152 MRW 39040 a

1        Treasurer. The State Treasurer shall deposit the
2        appropriate amounts, in accordance with the clerk's
3        instructions, as follows:
4                (i) up to $10, as specified by the Supreme
5            Court in accordance with Part 10A of Article II of
6            the Code of Civil Procedure, into the Mandatory
7            Arbitration Fund;
8                (ii) $2 into the Access to Justice Fund; and
9                (iii) $9 into the Supreme Court Special
10            Purposes Fund.
11            (C) The clerk shall remit a sum to the County
12        Treasurer, in an amount not to exceed $290 in a county
13        with a population of 3,000,000 or more and in an amount
14        not to exceed $250 in any other county, as specified by
15        ordinance or resolution passed by the county board, for
16        purposes related to the operation of the court system
17        in the county.
18        (2) SCHEDULE 2: not to exceed a total of $357 in a
19    county with a population of 3,000,000 or more and $266 in
20    any other county, except as applied to units of local
21    government and school districts in counties with more than
22    3,000,000 inhabitants an amount not to exceed $190 through
23    December 31, 2021 and $184 on and after January 1, 2022.
24    The fees collected under this schedule shall be disbursed
25    as follows:
26            (A) The clerk shall retain a sum, in an amount not

 

 

10000SB2590sam001- 112 -LRB100 17152 MRW 39040 a

1        to exceed $55 in a county with a population of
2        3,000,000 or more and $45 in any other county
3        determined by the clerk with the approval of the
4        Supreme Court, to be used for court automation, court
5        document storage, and administrative purposes.
6            (B) The clerk shall remit up to $21 to the State
7        Treasurer. The State Treasurer shall deposit the
8        appropriate amounts, in accordance with the clerk's
9        instructions, as follows:
10                (i) up to $10, as specified by the Supreme
11            Court in accordance with Part 10A of Article II of
12            the Code of Civil Procedure, into the Mandatory
13            Arbitration Fund;
14                (ii) $2 into the Access to Justice Fund: and
15                (iii) $9 into the Supreme Court Special
16            Purposes Fund.
17            (C) The clerk shall remit a sum to the County
18        Treasurer, in an amount not to exceed $281 in a county
19        with a population of 3,000,000 or more and in an amount
20        not to exceed $200 in any other county, as specified by
21        ordinance or resolution passed by the county board, for
22        purposes related to the operation of the court system
23        in the county.
24        (3) SCHEDULE 3: not to exceed a total of $265 in a
25    county with a population of 3,000,000 or more and $89 in
26    any other county, except as applied to units of local

 

 

10000SB2590sam001- 113 -LRB100 17152 MRW 39040 a

1    government and school districts in counties with more than
2    3,000,000 inhabitants an amount not to exceed $190 through
3    December 31, 2021 and $184 on and after January 1, 2022.
4    The fees collected under this schedule shall be disbursed
5    as follows:
6            (A) The clerk shall retain a sum, in an amount not
7        to exceed $55 in a county with a population of
8        3,000,000 or more and $22 in any other county
9        determined by the clerk with the approval of the
10        Supreme Court, to be used for court automation, court
11        document storage, and administrative purposes.
12            (B) The clerk shall remit $11 to the State
13        Treasurer. The State Treasurer shall deposit the
14        appropriate amounts in accordance with the clerk's
15        instructions, as follows:
16                (i) $2 into the Access to Justice Fund; and
17                (ii) $9 into the Supreme Court Special
18            Purposes Fund.
19            (C) The clerk shall remit a sum to the County
20        Treasurer, in an amount not to exceed $199 in a county
21        with a population of 3,000,000 or more and in an amount
22        not to exceed $56 in any other county, as specified by
23        ordinance or resolution passed by the county board, for
24        purposes related to the operation of the court system
25        in the county.
26        (4) SCHEDULE 4: $0.

 

 

10000SB2590sam001- 114 -LRB100 17152 MRW 39040 a

1    (b) Appearance. The fee for filing an appearance in a civil
2action, including a cannabis civil law action under the
3Cannabis Control Act, shall be as set forth in the applicable
4schedule under this subsection in accordance with case
5categories established by the Supreme Court in schedules.
6        (1) SCHEDULE 1: not to exceed a total of $230 in a
7    county with a population of 3,000,000 or more and $191 in
8    any other county, except as applied to units of local
9    government and school districts in counties with more than
10    3,000,000 inhabitants an amount not to exceed $75. The fees
11    collected under this schedule shall be disbursed as
12    follows:
13            (A) The clerk shall retain a sum, in an amount not
14        to exceed $50 in a county with a population of
15        3,000,000 or more and $45 in any other county
16        determined by the clerk with the approval of the
17        Supreme Court, to be used for court automation, court
18        document storage, and administrative purposes.
19            (B) The clerk shall remit up to $21 to the State
20        Treasurer. The State Treasurer shall deposit the
21        appropriate amounts, in accordance with the clerk's
22        instructions, as follows:
23                (i) up to $10, as specified by the Supreme
24            Court in accordance with Part 10A of Article II of
25            the Code of Civil Procedure, into the Mandatory
26            Arbitration Fund;

 

 

10000SB2590sam001- 115 -LRB100 17152 MRW 39040 a

1                (ii) $2 into the Access to Justice Fund; and
2                (iii) $9 into the Supreme Court Special
3            Purposes Fund.
4            (C) The clerk shall remit a sum to the County
5        Treasurer, in an amount not to exceed $159 in a county
6        with a population of 3,000,000 or more and in an amount
7        not to exceed $125 in any other county, as specified by
8        ordinance or resolution passed by the county board, for
9        purposes related to the operation of the court system
10        in the county.
11        (2) SCHEDULE 2: not to exceed a total of $130 in a
12    county with a population of 3,000,000 or more and $109 in
13    any other county, except as applied to units of local
14    government and school districts in counties with more than
15    3,000,000 inhabitants an amount not to exceed $75. The fees
16    collected under this schedule shall be disbursed as
17    follows:
18            (A) The clerk shall retain a sum, in an amount not
19        to exceed $50 in a county with a population of
20        3,000,000 or more and $10 in any other county
21        determined by the clerk with the approval of the
22        Supreme Court, to be used for court automation, court
23        document storage, and administrative purposes.
24            (B) The clerk shall remit $9 to the State
25        Treasurer, which the State Treasurer shall deposit
26        into the Supreme Court Special Purpose Fund.

 

 

10000SB2590sam001- 116 -LRB100 17152 MRW 39040 a

1            (C) The clerk shall remit a sum to the County
2        Treasurer, in an amount not to exceed $71 in a county
3        with a population of 3,000,000 or more and in an amount
4        not to exceed $90 in any other county, as specified by
5        ordinance or resolution passed by the county board, for
6        purposes related to the operation of the court system
7        in the county.
8        (3) SCHEDULE 3: $0.
9    (b-5) Kane County and Will County. In Kane County and Will
10County civil cases, there is an additional fee of up to $30 as
11set by the county board under Section 5-1101.3 of the Counties
12Code to be paid by each party at the time of filing the first
13pleading, paper, or other appearance; provided that no
14additional fee shall be required if more than one party is
15represented in a single pleading, paper, or other appearance.
16Distribution of fees collected under this subsection (b-5)
17shall be as provided in Section 5-1101.3 of the Counties Code.
18    (c) Counterclaim or third party complaint. When any
19defendant files a counterclaim or third party complaint, as
20part of the defendant's answer or otherwise, the defendant
21shall pay a filing fee for each counterclaim or third party
22complaint in an amount equal to the filing fee the defendant
23would have had to pay had the defendant brought a separate
24action for the relief sought in the counterclaim or third party
25complaint, less the amount of the appearance fee, if any, that
26the defendant has already paid in the action in which the

 

 

10000SB2590sam001- 117 -LRB100 17152 MRW 39040 a

1counterclaim or third party complaint is filed.
2    (d) Alias summons. The clerk shall collect a fee not to
3exceed $6 in a county with a population of 3,000,000 or more
4and $5 in any other county for each alias summons or citation
5issued by the clerk, except as applied to units of local
6government and school districts in counties with more than
73,000,000 inhabitants an amount not to exceed $5 for each alias
8summons or citation issued by the clerk.
9    (e) Jury services. The clerk shall collect, in addition to
10other fees allowed by law, a sum not to exceed $212.50, as a
11fee for the services of a jury in every civil action not
12quasi-criminal in its nature and not a proceeding for the
13exercise of the right of eminent domain and in every other
14action wherein the right of trial by jury is or may be given by
15law. The jury fee shall be paid by the party demanding a jury
16at the time of filing the jury demand. If the fee is not paid by
17either party, no jury shall be called in the action or
18proceeding, and the action or proceeding shall be tried by the
19court without a jury.
20    (f) Change of venue. In connection with a change of venue:
21        (1) The clerk of the jurisdiction from which the case
22    is transferred may charge a fee, not to exceed $40, for the
23    preparation and certification of the record; and
24        (2) The clerk of the jurisdiction to which the case is
25    transferred may charge the same filing fee as if it were
26    the commencement of a new suit.

 

 

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1    (g) Petition to vacate or modify.
2        (1) In a proceeding involving a petition to vacate or
3    modify any final judgment or order filed within 30 days
4    after the judgment or order was entered, except for a
5    forcible entry and detainer case, small claims case,
6    petition to reopen an estate, petition to modify,
7    terminate, or enforce a judgment or order for child or
8    spousal support, or petition to modify, suspend, or
9    terminate an order for withholding, the fee shall not
10    exceed $60 in a county with a population of 3,000,000 or
11    more and $50 in any other county, except as applied to
12    units of local government and school districts in counties
13    with more than 3,000,000 inhabitants an amount not to
14    exceed $50.
15        (2) In a proceeding involving a petition to vacate or
16    modify any final judgment or order filed more than 30 days
17    after the judgment or order was entered, except for a
18    petition to modify, terminate, or enforce a judgment or
19    order for child or spousal support, or petition to modify,
20    suspend, or terminate an order for withholding, the fee
21    shall not exceed $75.
22        (3) In a proceeding involving a motion to vacate or
23    amend a final order, motion to vacate an ex parte judgment,
24    judgment of forfeiture, or "failure to appear" or "failure
25    to comply" notices sent to the Secretary of State, the fee
26    shall equal $40.

 

 

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1    (h) Appeals preparation. The fee for preparation of a
2record on appeal shall be based on the number of pages, as
3follows:
4        (1) if the record contains no more than 100 pages, the
5    fee shall not exceed $70 in a county with a population of
6    3,000,000 or more and $50 in any other county;
7        (2) if the record contains between 100 and 200 pages,
8    the fee shall not exceed $100; and
9        (3) if the record contains 200 or more pages, the clerk
10    may collect an additional fee not to exceed 25 cents per
11    page.
12    (i) Remands. In any cases remanded to the circuit court
13from the Supreme Court or the appellate court for a new trial,
14the clerk shall reinstate the case with either its original
15number or a new number. The clerk shall not charge any new or
16additional fee for the reinstatement. Upon reinstatement, the
17clerk shall advise the parties of the reinstatement. Parties
18shall have the same right to a jury trial on remand and
19reinstatement that they had before the appeal, and no
20additional or new fee or charge shall be made for a jury trial
21after remand.
22    (j) Garnishment, wage deduction, and citation. In
23garnishment affidavit, wage deduction affidavit, and citation
24petition proceedings:
25        (1) if the amount in controversy in the proceeding is
26    not more than $1,000, the fee may not exceed $35 in a

 

 

10000SB2590sam001- 120 -LRB100 17152 MRW 39040 a

1    county with a population of 3,000,000 or more and $15 in
2    any other county, except as applied to units of local
3    government and school districts in counties with more than
4    3,000,000 inhabitants an amount not to exceed $15;
5        (2) if the amount in controversy in the proceeding is
6    greater than $1,000 and not more than $5,000, the fee may
7    not exceed $45 in a county with a population of 3,000,000
8    or more and $30 in any other county, except as applied to
9    units of local government and school districts in counties
10    with more than 3,000,000 inhabitants an amount not to
11    exceed $30; and
12        (3) if the amount in controversy in the proceeding is
13    greater than $5,000, the fee may not exceed $65 in a county
14    with a population of 3,000,000 or more and $50 in any other
15    county, except as applied to units of local government and
16    school districts in counties with more than 3,000,000
17    inhabitants an amount not to exceed $50.
18    (k) Collections.
19        (1) For all collections made of others, except the
20    State and county and except in maintenance or child support
21    cases, the clerk may collect a fee of up to 2.5% of the
22    amount collected and turned over.
23        (2) In child support and maintenance cases, the clerk
24    may collect an annual fee of up to $36 from the person
25    making payment for maintaining child support records and
26    the processing of support orders to the State of Illinois

 

 

10000SB2590sam001- 121 -LRB100 17152 MRW 39040 a

1    KIDS system and the recording of payments issued by the
2    State Disbursement Unit for the official record of the
3    Court. This fee is in addition to and separate from amounts
4    ordered to be paid as maintenance or child support and
5    shall be deposited into a Separate Maintenance and Child
6    Support Collection Fund, of which the clerk shall be the
7    custodian, ex officio, to be used by the clerk to maintain
8    child support orders and record all payments issued by the
9    State Disbursement Unit for the official record of the
10    Court. The clerk may recover from the person making the
11    maintenance or child support payment any additional cost
12    incurred in the collection of this annual fee.
13        (3) The clerk may collect a fee of $5 for
14    certifications made to the Secretary of State as provided
15    in Section 7-703 of the Family Financial Responsibility Law
16    and these fees shall be deposited into the Separate
17    Maintenance and Child Support Collection Fund.
18        (4) In proceedings to foreclose the lien of delinquent
19    real estate taxes State's Attorneys shall receive a fee of
20    10% of the total amount realized from the sale of real
21    estate sold in the proceedings. The clerk shall collect the
22    fee from the total amount realized from the sale of the
23    real estate sold in the proceedings and remit to the County
24    Treasurer to be credited to the earnings of the Office of
25    State's Attorney.
26    (l) Mailing. The fee for the clerk mailing documents shall

 

 

10000SB2590sam001- 122 -LRB100 17152 MRW 39040 a

1not exceed $10 plus the cost of postage.
2    (m) Certified copies. The fee for each certified copy of a
3judgment, after the first copy, shall not exceed $10.
4    (n) Certification, authentication, and reproduction.
5        (1) The fee for each certification or authentication
6    for taking the acknowledgment of a deed or other instrument
7    in writing with the seal of office shall not exceed $6.
8        (2) The fee for reproduction of any document contained
9    in the clerk's files shall not exceed:
10            (A) $2 for the first page;
11            (B) 50 cents per page for the next 19 pages; and
12            (C) 25 cents per page for all additional pages.
13    (o) Record search. For each record search, within a
14division or municipal district, the clerk may collect a search
15fee not to exceed $6 for each year searched.
16    (p) Hard copy. For each page of hard copy print output,
17when case records are maintained on an automated medium, the
18clerk may collect a fee not to exceed $10 in a county with a
19population of 3,000,000 or more and $6 in any other county,
20except as applied to units of local government and school
21districts in counties with more than 3,000,000 inhabitants an
22amount not to exceed $6.
23    (q) Index inquiry and other records. No fee shall be
24charged for a single plaintiff and defendant index inquiry or
25single case record inquiry when this request is made in person
26and the records are maintained in a current automated medium,

 

 

10000SB2590sam001- 123 -LRB100 17152 MRW 39040 a

1and when no hard copy print output is requested. The fees to be
2charged for management records, multiple case records, and
3multiple journal records may be specified by the Chief Judge
4pursuant to the guidelines for access and dissemination of
5information approved by the Supreme Court.
6    (r) Performing a marriage. There shall be a $10 fee for
7performing a marriage in court.
8    (s) Voluntary assignment. For filing each deed of voluntary
9assignment, the clerk shall collect a fee not to exceed $20.
10For recording a deed of voluntary assignment, the clerk shall
11collect a fee not to exceed 50 cents for each 100 words.
12Exceptions filed to claims presented to an assignee of a debtor
13who has made a voluntary assignment for the benefit of
14creditors shall be considered and treated, for the purpose of
15taxing costs therein, as actions in which the party or parties
16filing the exceptions shall be considered as party or parties
17plaintiff, and the claimant or claimants as party or parties
18defendant, and those parties respectively shall pay to the
19clerk the same fees as provided by this Section to be paid in
20other actions.
21    (t) Expungement petition. The clerk may collect a fee not
22to exceed $60 for each expungement petition filed and an
23additional fee not to exceed $4 for each certified copy of an
24order to expunge arrest records.
25    (u) Transcripts of judgment. For the filing of a transcript
26of judgment, the clerk may collect the same fee as if it were

 

 

10000SB2590sam001- 124 -LRB100 17152 MRW 39040 a

1the commencement of a new suit.
2    (v) Probate filings.
3        (1) For each account (other than one final account)
4    filed in the estate of a decedent, or ward, the fee shall
5    not exceed $25.
6        (2) For filing a claim in an estate when the amount
7    claimed is greater than $150 and not more than $500, the
8    fee shall not exceed $40 in a county with a population of
9    3,000,000 or more and $25 in any other county; when the
10    amount claimed is greater than $500 and not more than
11    $10,000, the fee shall not exceed $55 in a county with a
12    population of 3,000,000 or more and $40 in any other
13    county; and when the amount claimed is more than $10,000,
14    the fee shall not exceed $75 in a county with a population
15    of 3,000,000 or more and $60 in any other county; except
16    the court in allowing a claim may add to the amount allowed
17    the filing fee paid by the claimant.
18        (3) For filing in an estate a claim, petition, or
19    supplemental proceeding based upon an action seeking
20    equitable relief including the construction or contest of a
21    will, enforcement of a contract to make a will, and
22    proceedings involving testamentary trusts or the
23    appointment of testamentary trustees, the fee shall not
24    exceed $60.
25        (4) There shall be no fee for filing in an estate: (i)
26    the appearance of any person for the purpose of consent; or

 

 

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1    (ii) the appearance of an executor, administrator,
2    administrator to collect, guardian, guardian ad litem, or
3    special administrator.
4        (5) For each jury demand, the fee shall not exceed
5    $137.50.
6        (6) For each certified copy of letters of office, of
7    court order, or other certification, the fee shall not
8    exceed $2 per page.
9        (7) For each exemplification, the fee shall not exceed
10    $2, plus the fee for certification.
11        (8) The executor, administrator, guardian, petitioner,
12    or other interested person or his or her attorney shall pay
13    the cost of publication by the clerk directly to the
14    newspaper.
15        (9) The person on whose behalf a charge is incurred for
16    witness, court reporter, appraiser, or other miscellaneous
17    fees shall pay the same directly to the person entitled
18    thereto.
19        (10) The executor, administrator, guardian,
20    petitioner, or other interested person or his or her
21    attorney shall pay to the clerk all postage charges
22    incurred by the clerk in mailing petitions, orders,
23    notices, or other documents pursuant to the provisions of
24    the Probate Act of 1975.
25    (w) Corrections of numbers. For correction of the case
26number, case title, or attorney computer identification

 

 

10000SB2590sam001- 126 -LRB100 17152 MRW 39040 a

1number, if required by rule of court, on any document filed in
2the clerk's office, to be charged against the party that filed
3the document, the fee shall not exceed $25.
4    (x) Miscellaneous.
5        (1) Interest earned on any fees collected by the clerk
6    shall be turned over to the county general fund as an
7    earning of the office.
8        (2) For any check, draft, or other bank instrument
9    returned to the clerk for non-sufficient funds, account
10    closed, or payment stopped, the clerk shall collect a fee
11    of $25.
12    (y) Other fees. The clerk of the circuit court may provide
13services in connection with the operation of the clerk's
14office, other than those services mentioned in this Section, as
15may be requested by the public and agreed to by the clerk and
16approved by the Chief Judge. Any charges for additional
17services shall be as agreed to between the clerk and the party
18making the request and approved by the Chief Judge. Nothing in
19this subsection shall be construed to require any clerk to
20provide any service not otherwise required by law.
21    (y-5) Unpaid fees. Unless a court ordered payment schedule
22is implemented or the fee requirements of this Section are
23waived under a court order, the clerk of the circuit court may
24add to any unpaid fees and costs under this Section a
25delinquency amount equal to 5% of the unpaid fees that remain
26unpaid after 30 days, 10% of the unpaid fees that remain unpaid

 

 

10000SB2590sam001- 127 -LRB100 17152 MRW 39040 a

1after 60 days, and 15% of the unpaid fees that remain unpaid
2after 90 days. Notice to those parties may be made by signage
3posting or publication. The additional delinquency amounts
4collected under this Section shall be used to defray additional
5administrative costs incurred by the clerk of the circuit court
6in collecting unpaid fees and costs.
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

 

 

10000SB2590sam001- 128 -LRB100 17152 MRW 39040 a

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.
 

 

 

10000SB2590sam001- 129 -LRB100 17152 MRW 39040 a

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

 

 

10000SB2590sam001- 130 -LRB100 17152 MRW 39040 a

1Department at the same time, priority of collection shall be as
2provided in Section 911.3 of the Illinois Income Tax Act.
3(Source: P.A. 93-836, eff. 1-1-05.)
 
4    (705 ILCS 105/27.3)  (from Ch. 25, par. 27.3)
5    Sec. 27.3. Compensation.
6    (a) The county board shall provide the compensation of
7Clerks of the Circuit Court, and the amount necessary for clerk
8hire, stationery, fuel and other expenses. Beginning December
91, 1989, the compensation per annum for Clerks of the Circuit
10Court shall be as follows:
11    In counties where the population is:
12Less than 14,000.......................at least $13,500
1314,001-30,000..........................at least $14,500
1430,001-60,000..........................at least $15,000
1560,001-100,000.........................at least $15,000
16100,001-200,000........................at least $16,500
17200,001-300,000........................at least $18,000
18300,001- 3,000,000.....................at least $20,000
19Over 3,000,000.........................at least $55,000
20    (b) In counties in which the population is 3,000,000 or
21less, "base salary" is the compensation paid for each Clerk of
22the Circuit Court, respectively, before July 1, 1989.
23    (c) The Clerks of the Circuit Court, in counties in which
24the population is 3,000,000 or less, shall be compensated as
25follows:

 

 

10000SB2590sam001- 131 -LRB100 17152 MRW 39040 a

1        (1) Beginning December 1, 1989, base salary plus at
2    least 3% of base salary.
3        (2) Beginning December 1, 1990, base salary plus at
4    least 6% of base salary.
5        (3) Beginning December 1, 1991, base salary plus at
6    least 9% of base salary.
7        (4) Beginning December 1, 1992, base salary plus at
8    least 12% of base salary.
9    (d) In addition to the compensation provided by the county
10board, each Clerk of the Circuit Court shall receive an award
11from the State for the additional duties imposed by Sections
125-9-1 and 5-9-1.2 of the Unified Code of Corrections, Section
1310 of the Violent Crime Victims Assistance Act, Section 16-104a
14of the Illinois Vehicle Code, and other laws, in the following
15amount:
16    (1) $3,500 per year before January 1, 1997.
17    (2) $4,500 per year beginning January 1, 1997.
18    (3) $5,500 per year beginning January 1, 1998.
19    (4) $6,500 per year beginning January 1, 1999.
20The total amount required for such awards shall be appropriated
21each year by the General Assembly to the Supreme Court, which
22shall distribute such awards in annual lump sum payments to the
23Clerks of the Circuit Court in all counties. This annual award,
24and any other award or stipend paid out of State funds to the
25Clerks of the Circuit Court, shall not affect any other
26compensation provided by law to be paid to Clerks of the

 

 

10000SB2590sam001- 132 -LRB100 17152 MRW 39040 a

1Circuit Court.
2    (e) (Blank).
3    (f) No county board may reduce or otherwise impair the
4compensation payable from county funds to a Clerk of the
5Circuit Court if the reduction or impairment is the result of
6the Clerk of the Circuit Court receiving an award or stipend
7payable from State funds.
8(Source: P.A. 98-24, eff. 6-19-13.)
 
9    (705 ILCS 105/27.1a rep.)
10    (705 ILCS 105/27.2 rep.)
11    (705 ILCS 105/27.2a rep.)
12    (705 ILCS 105/27.3a rep.)
13    (705 ILCS 105/27.3c rep.)
14    (705 ILCS 105/27.3e rep.)
15    (705 ILCS 105/27.3g rep.)
16    (705 ILCS 105/27.4 rep.)
17    (705 ILCS 105/27.5 rep.)
18    (705 ILCS 105/27.6 rep.)
19    Section 905-57. The Clerks of Courts Act is amended by
20repealing Sections 27.1a, 27.2, 27.2a, 27.3a, 27.3c, 27.3e,
2127.3g, 27.4, 27.5, and 27.6.
 
22    Section 905-60. The Juvenile Court Act of 1987 is amended
23by changing Section 5-915 as follows:
 

 

 

10000SB2590sam001- 133 -LRB100 17152 MRW 39040 a

1    (705 ILCS 405/5-915)
2    Sec. 5-915. Expungement of juvenile law enforcement and
3court records.
4    (0.05) For purposes of this Section:
5        "Dissemination" or "disseminate" means to publish,
6    produce, print, manufacture, distribute, sell, lease,
7    exhibit, broadcast, display, transmit, or otherwise share
8    information in any format so as to make the information
9    accessible to others.
10        "Expunge" means to physically destroy the records and
11    to obliterate the minor's name and juvenile court records
12    from any official index, public record, or electronic
13    database. No evidence of the juvenile court records may be
14    retained by any law enforcement agency, the juvenile court,
15    or by any municipal, county, or State agency or department.
16    Nothing in this Act shall require the physical destruction
17    of the internal office records, files, or databases
18    maintained by a State's Attorney's Office or other
19    prosecutor or by the Office of the Secretary of State.
20        "Juvenile court record" includes, but is not limited
21    to:
22            (a) all documents filed in or maintained by the
23    juvenile court pertaining to a specific incident,
24    proceeding, or individual;
25            (b) all documents relating to a specific incident,
26    proceeding, or individual made available to or maintained

 

 

10000SB2590sam001- 134 -LRB100 17152 MRW 39040 a

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

 

 

10000SB2590sam001- 135 -LRB100 17152 MRW 39040 a

1    were filed with the clerk of the circuit court relating to
2    the arrest or law enforcement interaction documented in the
3    records; and
4        (3) 6 months have elapsed without an additional
5    subsequent arrest or filing of a petition for delinquency
6    or criminal charges whether related or not to the arrest or
7    law enforcement interaction documented in the records.
8    (b) If the law enforcement agency is unable to verify
9satisfaction of conditions (2) and (3) of this subsection
10(0.1), records that satisfy condition (1) of this subsection
11(0.1) shall be automatically expunged if the records relate to
12an offense that if committed by an adult would not be an
13offense classified as Class 2 felony or higher, an offense
14under Article 11 of the Criminal Code of 1961 or Criminal Code
15of 2012, or an offense under Section 12-13, 12-14, 12-14.1,
1612-15, or 12-16 of the Criminal Code of 1961.
17    (0.2) (a) Upon dismissal of a petition alleging delinquency
18or upon a finding of not delinquent, the successful termination
19of an order of supervision, or an adjudication for an offense
20which would be a Class B misdemeanor, Class C misdemeanor, or a
21petty or business offense if committed by an adult, the court
22shall automatically order the expungement of the juvenile court
23and law enforcement records within 60 business days.
24    (b) If the chief law enforcement officer of the agency, or
25his or her designee, certifies in writing that certain
26information is needed for a pending investigation involving the

 

 

10000SB2590sam001- 136 -LRB100 17152 MRW 39040 a

1commission of a felony, that information, and information
2identifying the juvenile, may be retained in an intelligence
3file until the investigation is terminated or for one
4additional year, whichever is sooner. Retention of a portion of
5a juvenile's law enforcement record does not disqualify the
6remainder of his or her record from immediate automatic
7expungement.
8    (0.3) (a) Upon an adjudication of delinquency based on any
9offense except a disqualified offense, the juvenile court shall
10automatically order the expungement of the juvenile records 2
11years after the juvenile's case was closed if no delinquency or
12criminal proceeding is pending and the person has had no
13subsequent delinquency adjudication or criminal conviction.
14The court shall automatically order the expungement of the
15juvenile court and law enforcement records within 60 business
16days. For the purposes of this subsection (0.3), "disqualified
17offense" means any of the following offenses: Section 8-1.2,
189-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1,
1910-4, 10-5, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
2011-6, 11-6.5, 12-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2,
2112-6.5, 12-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5,
2218-1, 18-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2,
2324-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9,
2429D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal
25Code of 2012, or subsection (b) of Section 8-1, paragraph (4)
26of subsection (a) of Section 11-14.4, subsection (a-5) of

 

 

10000SB2590sam001- 137 -LRB100 17152 MRW 39040 a

1Section 12-3.1, paragraph (1), (2), or (3) of subsection (a) of
2Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3,
3paragraph (1) or (2) of subsection (a) of Section 12-7.4,
4subparagraph (i) of paragraph (1) of subsection (a) of Section
512-9, subparagraph (H) of paragraph (3) of subsection (a) of
6Section 24-1.6, paragraph (1) of subsection (a) of Section
725-1, or subsection (a-7) of Section 31-1 of the Criminal Code
8of 2012.
9    (b) If the chief law enforcement officer of the agency, or
10his or her designee, certifies in writing that certain
11information is needed for a pending investigation involving the
12commission of a felony, that information, and information
13identifying the juvenile, may be retained in an intelligence
14file until the investigation is terminated or for one
15additional year, whichever is sooner. Retention of a portion of
16a juvenile's law enforcement record does not disqualify the
17remainder of his or her record from immediate automatic
18expungement.
19    (1) Nothing in this subsection (1) precludes an eligible
20minor from obtaining expungement under subsection subsections
21(0.1), (0.2), or (0.3). Whenever a person has been arrested,
22charged, or adjudicated delinquent for an incident occurring
23before his or her 18th birthday that if committed by an adult
24would be an offense, and that person's records are not eligible
25for automatic expungement under subsection subsections (0.1),
26(0.2), or (0.3), the person may petition the court at any time

 

 

10000SB2590sam001- 138 -LRB100 17152 MRW 39040 a

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

 

 

10000SB2590sam001- 139 -LRB100 17152 MRW 39040 a

1    (1.6) (Blank). January 1, 2015 (Public Act 98-637) January
21, 2015 (Public Act 98-637)
3    (1.7) (Blank).
4    (1.8) (Blank).
5    (2) Any person whose delinquency adjudications are not
6eligible for automatic expungement under subsection (0.3) of
7this Section may petition the court to expunge all law
8enforcement records relating to any incidents occurring before
9his or her 18th birthday which did not result in proceedings in
10criminal court and all juvenile court records with respect to
11any adjudications except those based upon first degree murder
12or an offense under Article 11 of the Criminal Code of 2012 if
13the person is required to register under the Sex Offender
14Registration Act; provided that:
15        (a) (blank); or
16        (b) 2 years have elapsed since all juvenile court
17    proceedings relating to him or her have been terminated and
18    his or her commitment to the Department of Juvenile Justice
19    under this Act has been terminated.
20    (2.5) If a minor is arrested and no petition for
21delinquency is filed with the clerk of the circuit court at the
22time the minor is released from custody, the youth officer, if
23applicable, or other designated person from the arresting
24agency, shall notify verbally and in writing to the minor or
25the minor's parents or guardians that the minor shall have an
26arrest record and shall provide the minor and the minor's

 

 

10000SB2590sam001- 140 -LRB100 17152 MRW 39040 a

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

 

 

10000SB2590sam001- 141 -LRB100 17152 MRW 39040 a

1    (2.8) The petition for expungement for subsection (1) and
2(2) may include multiple offenses on the same petition and
3shall be substantially in the following form:
4
IN THE CIRCUIT COURT OF ......, ILLINOIS
5
........ JUDICIAL CIRCUIT

 
6IN THE INTEREST OF )    NO.
7                   )
8                   )
9...................)
10(Name of Petitioner)
 
11
PETITION TO EXPUNGE JUVENILE RECORDS
12
(705 ILCS 405/5-915 (SUBSECTION 1 AND 2))
13Now comes ............., petitioner, and respectfully requests
14that this Honorable Court enter an order expunging all juvenile
15law enforcement and court records of petitioner and in support
16thereof states that: Petitioner was arrested on ..... by the
17....... Police Department for the offense or offenses of
18......., and:
19(Check All That Apply:)
20( ) a. no petition or petitions were filed with the Clerk of
21the Circuit Court.
22( ) b. was charged with ...... and was found not delinquent of
23the offense or offenses.
24( ) c. a petition or petitions were filed and the petition or

 

 

10000SB2590sam001- 142 -LRB100 17152 MRW 39040 a

1petitions were dismissed without a finding of delinquency on
2.....
3( ) d. on ....... placed under supervision pursuant to Section
45-615 of the Juvenile Court Act of 1987 and such order of
5supervision successfully terminated on ........
6( ) e. was adjudicated for the offense or offenses, which would
7have been a Class B misdemeanor, a Class C misdemeanor, or a
8petty offense or business offense if committed by an adult.
9( ) f. was adjudicated for a Class A misdemeanor or felony,
10except first degree murder or an offense under Article 11 of
11the Criminal Code of 2012 if the person is required to register
12under the Sex Offender Registration Act, and 2 years have
13passed since the case was closed.
14Petitioner .... has .... has not been arrested on charges in
15this or any county other than the charges listed above. If
16petitioner has been arrested on additional charges, please list
17the charges below:
18Charge(s): ......
19Arresting Agency or Agencies: ...........
20Disposition/Result: (choose from a. through f., above): .....
21WHEREFORE, the petitioner respectfully requests this Honorable
22Court to (1) order all law enforcement agencies to expunge all
23records of petitioner to this incident or incidents, and (2) to
24order the Clerk of the Court to expunge all records concerning
25the petitioner regarding this incident or incidents.
 

 

 

10000SB2590sam001- 143 -LRB100 17152 MRW 39040 a

1
......................
2
Petitioner (Signature)

 
3
..........................
4
Petitioner's Street Address

 
5
.....................
6
City, State, Zip Code

 
7
.............................
8
Petitioner's Telephone Number

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

 

 

10000SB2590sam001- 144 -LRB100 17152 MRW 39040 a

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

 
25IN THE INTEREST OF )    NO.

 

 

10000SB2590sam001- 145 -LRB100 17152 MRW 39040 a

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

 

 

10000SB2590sam001- 146 -LRB100 17152 MRW 39040 a

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

 

 

10000SB2590sam001- 147 -LRB100 17152 MRW 39040 a

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

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

 

 

10000SB2590sam001- 148 -LRB100 17152 MRW 39040 a

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

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

 

 

10000SB2590sam001- 149 -LRB100 17152 MRW 39040 a

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

 

 

10000SB2590sam001- 150 -LRB100 17152 MRW 39040 a

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

 

 

10000SB2590sam001- 151 -LRB100 17152 MRW 39040 a

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

 

 

10000SB2590sam001- 152 -LRB100 17152 MRW 39040 a

1records of adjudication or arrest, shall be treated as
2dissemination of an expunged record by the employer.
3    (c) A person whose juvenile records have been expunged is
4not entitled to remission of any fines, costs, or other money
5paid as a consequence of expungement.
6    (5) (Blank).,
7    (5.5) Whether or not expunged, records eligible for
8automatic expungement under subdivision (0.1)(a), (0.2)(a), or
9(0.3)(a) may be treated as expunged by the individual subject
10to the records.
11    (6) Nothing in this Section shall be construed to prohibit
12the maintenance of information relating to an offense after
13records or files concerning the offense have been expunged if
14the information is kept in a manner that does not enable
15identification of the individual. This information may only be
16used for anonymous statistical and bona fide research purposes.
17    (6.5) The Department of State Police or any employee of the
18Department shall be immune from civil or criminal liability for
19failure to expunge any records of arrest that are subject to
20expungement under this Section because of inability to verify a
21record. Nothing in this Section shall create Department of
22State Police liability or responsibility for the expungement of
23law enforcement records it does not possess.
24    (7)(a) The State Appellate Defender shall establish,
25maintain, and carry out, by December 31, 2004, a juvenile
26expungement program to provide information and assistance to

 

 

10000SB2590sam001- 153 -LRB100 17152 MRW 39040 a

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

 

 

10000SB2590sam001- 154 -LRB100 17152 MRW 39040 a

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

 

 

10000SB2590sam001- 155 -LRB100 17152 MRW 39040 a

1any private or public entity in employment matters,
2certification, licensing, revocation of certification or
3licensure, or registration. Applications for employment must
4contain specific language that states that the applicant is not
5obligated to disclose expunged juvenile records of
6adjudication, conviction, or arrest. Employers may not ask if
7an applicant has had a juvenile record expunged. Effective
8January 1, 2005, the Department of Labor shall develop a link
9on the Department's website to inform employers that employers
10may not ask if an applicant had a juvenile record expunged and
11that application for employment must contain specific language
12that states that the applicant is not obligated to disclose
13expunged juvenile records of adjudication, arrest, or
14conviction.
15    (b) (Blank). Public Act 93-912
16    (c) The expungement of juvenile records under subsection
17subsections 0.1, 0.2, or 0.3 of this Section shall be funded by
18appropriation by the General Assembly for that purpose the
19additional fine imposed under Section 5-9-1.17 of the Unified
20Code of Corrections.
21    (9) (Blank).
22    (10) (Blank). Public Act 98-637 Public Act 98-637
23(Source: P.A. 99-835, eff. 1-1-17; 99-881, eff. 1-1-17;
24100-201, eff. 8-18-17; 100-285, eff. 1-1-18; revised
2510-10-17.)
 

 

 

10000SB2590sam001- 156 -LRB100 17152 MRW 39040 a

1    Section 905-65. The Criminal Code of 2012 is amended by
2changing Section 12-3.4 as follows:
 
3    (720 ILCS 5/12-3.4)  (was 720 ILCS 5/12-30)
4    Sec. 12-3.4. Violation of an order of protection.
5    (a) A person commits violation of an order of protection
6if:
7        (1) He or she knowingly commits an act which was
8    prohibited by a court or fails to commit an act which was
9    ordered by a court in violation of:
10            (i) a remedy in a valid order of protection
11        authorized under paragraphs (1), (2), (3), (14), or
12        (14.5) of subsection (b) of Section 214 of the Illinois
13        Domestic Violence Act of 1986,
14            (ii) a remedy, which is substantially similar to
15        the remedies authorized under paragraphs (1), (2),
16        (3), (14) or (14.5) of subsection (b) of Section 214 of
17        the Illinois Domestic Violence Act of 1986, in a valid
18        order of protection, which is authorized under the laws
19        of another state, tribe or United States territory,
20            (iii) any other remedy when the act constitutes a
21        crime against the protected parties as the term
22        protected parties is defined in Section 112A-4 of the
23        Code of Criminal Procedure of 1963; and
24        (2) Such violation occurs after the offender has been
25    served notice of the contents of the order, pursuant to the

 

 

10000SB2590sam001- 157 -LRB100 17152 MRW 39040 a

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

 

 

10000SB2590sam001- 158 -LRB100 17152 MRW 39040 a

1order of protection (Section 12-3.4 or 12-30) or any prior
2conviction under the law of another jurisdiction for an offense
3that could be charged in this State as a domestic battery or
4violation of an order of protection. Violation of an order of
5protection is a Class 4 felony if the defendant has any prior
6conviction under this Code for first degree murder (Section
79-1), attempt to commit first degree murder (Section 8-4),
8aggravated domestic battery (Section 12-3.3), aggravated
9battery (Section 12-3.05 or 12-4), heinous battery (Section
1012-4.1), aggravated battery with a firearm (Section 12-4.2),
11aggravated battery with a machine gun or a firearm equipped
12with a silencer (Section 12-4.2-5), aggravated battery of a
13child (Section 12-4.3), aggravated battery of an unborn child
14(subsection (a-5) of Section 12-3.1, or Section 12-4.4),
15aggravated battery of a senior citizen (Section 12-4.6),
16stalking (Section 12-7.3), aggravated stalking (Section
1712-7.4), criminal sexual assault (Section 11-1.20 or 12-13),
18aggravated criminal sexual assault (Section 11-1.30 or 12-14),
19kidnapping (Section 10-1), aggravated kidnapping (Section
2010-2), predatory criminal sexual assault of a child (Section
2111-1.40 or 12-14.1), aggravated criminal sexual abuse (Section
2211-1.60 or 12-16), unlawful restraint (Section 10-3),
23aggravated unlawful restraint (Section 10-3.1), aggravated
24arson (Section 20-1.1), aggravated discharge of a firearm
25(Section 24-1.2), or a violation of any former law of this
26State that is substantially similar to any listed offense, or

 

 

10000SB2590sam001- 159 -LRB100 17152 MRW 39040 a

1any prior conviction under the law of another jurisdiction for
2an offense that could be charged in this State as one of the
3offenses listed in this Section, when any of these offenses
4have been committed against a family or household member as
5defined in Section 112A-3 of the Code of Criminal Procedure of
61963. The court shall impose a minimum penalty of 24 hours
7imprisonment for defendant's second or subsequent violation of
8any order of protection; unless the court explicitly finds that
9an increased penalty or such period of imprisonment would be
10manifestly unjust. In addition to any other penalties, the
11court may order the defendant to pay a fine as authorized under
12Section 5-9-1 of the Unified Code of Corrections or to make
13restitution to the victim under Section 5-5-6 of the Unified
14Code of Corrections. In addition to any other penalties,
15including those imposed by Section 5-9-1.5 of the Unified Code
16of Corrections, the court shall impose an additional fine of
17$20 as authorized by Section 5-9-1.11 of the Unified Code of
18Corrections upon any person convicted of or placed on
19supervision for a violation of this Section. The additional
20fine shall be imposed for each violation of this Section.
21    (e) (Blank).
22    (f) A defendant who directed the actions of a third party
23to violate this Section, under the principles of accountability
24set forth in Article 5 of this Code, is guilty of violating
25this Section as if the same had been personally done by the
26defendant, without regard to the mental state of the third

 

 

10000SB2590sam001- 160 -LRB100 17152 MRW 39040 a

1party acting at the direction of the defendant.
2(Source: P.A. 96-1551, Article 1, Section 5, eff. 7-1-11;
396-1551, Article 2, Section 1035, eff. 7-1-11; incorporates
497-311, eff. 8-11-11; 97-919, eff. 8-10-12; 97-1109, eff.
51-1-13.)
 
6    (720 ILCS 550/10.3 rep.)
7    Section 905-67. The Cannabis Control Act is amended by
8repealing Section 10.3.
 
9    Section 905-70. The Illinois Controlled Substances Act is
10amended by changing Section 411.2 as follows:
 
11    (720 ILCS 570/411.2)  (from Ch. 56 1/2, par. 1411.2)
12    Sec. 411.2. Drug Treatment Fund; drug treatment grants.
13    (a) (Blank). Every person convicted of a violation of this
14Act, and every person placed on probation, conditional
15discharge, supervision or probation under Section 410 of this
16Act, shall be assessed for each offense a sum fixed at:
17        (1) $3,000 for a Class X felony;
18        (2) $2,000 for a Class 1 felony;
19        (3) $1,000 for a Class 2 felony;
20        (4) $500 for a Class 3 or Class 4 felony;
21        (5) $300 for a Class A misdemeanor;
22        (6) $200 for a Class B or Class C misdemeanor.
23    (b) (Blank). The assessment under this Section is in

 

 

10000SB2590sam001- 161 -LRB100 17152 MRW 39040 a

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

 

 

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

 

 

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1any other fines, restitution costs, forfeitures or assessments
2imposed under this or any other Act.
3    (g) (Blank). The court shall not impose more than one
4assessment per complaint, indictment or information. If the
5person is convicted of more than one offense in a complaint,
6indictment or information, the assessment shall be based on the
7highest class offense for which the person is convicted.
8    (h) The In counties under 3,000,000, all moneys collected
9under this Section shall be forwarded by the clerk of the
10circuit court to the State Treasurer for deposit in the Drug
11Treatment Fund, which is hereby established as a special fund
12within the State Treasury. The Department of Human Services may
13make 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 over 3,000,000, all moneys
4collected under this Section shall be forwarded to the County
5Treasurer for deposit into the County Health Fund. The County
6Treasurer shall, no later than the 15th day of each month,
7forward to the State Treasurer 30 percent of all moneys
8collected under this Act and received into the County Health
9Fund since the prior remittance to the State Treasurer. Funds
10retained by the County shall be used for community-based
11treatment of pregnant women who are addicted to alcohol,
12cannabis, or controlled substances or for the needed care of
13minor, unemancipated children of these women. Funds forwarded
14to the State Treasurer shall be deposited into the State Drug
15Treatment Fund maintained by the State Treasurer from which the
16Department of Human Services may make grants to persons
17licensed under Section 15-10 of the Alcoholism and Other Drug
18Abuse and Dependency Act or to municipalities or counties from
19funds appropriated to the Department from the Drug Treatment
20Fund, provided that the moneys collected from each county be
21returned proportionately to the counties through grants to
22licensees located within the county from which the assessment
23was received and moneys in the State Drug Treatment Fund shall
24not supplant other local, State or federal funds. If the
25Department of Human Services grants funds to a municipality or
26county 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. 97-334, eff. 1-1-12.)
 
9    (720 ILCS 570/411.4 rep.)
10    Section 905-73. The Illinois Controlled Substances Act is
11amended by repealing Section 411.4.
 
12    Section 905-75. The Methamphetamine Control and Community
13Protection Act is amended by changing Sections 80 and 90 as
14follows:
 
15    (720 ILCS 646/80)
16    Sec. 80. Drug treatment grants Assessment.
17    (a) (Blank). Every person convicted of a violation of this
18Act, and every person placed on probation, conditional
19discharge, supervision, or probation under this Act, shall be
20assessed for each offense a sum fixed at:
21        (1) $3,000 for a Class X felony;
22        (2) $2,000 for a Class 1 felony;
23        (3) $1,000 for a Class 2 felony;

 

 

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1        (4) $500 for a Class 3 or Class 4 felony.
2    (b) (Blank). The assessment under this Section is in
3addition to and not in lieu of any fines, restitution, costs,
4forfeitures, or other assessments authorized or required by
5law.
6    (c) (Blank). As a condition of the assessment, the court
7may require that payment be made in specified installments or
8within a specified period of time. If the assessment is not
9paid within the period of probation, conditional discharge, or
10supervision to which the defendant was originally sentenced,
11the court may extend the period of probation, conditional
12discharge, or supervision pursuant to Section 5-6-2 or 5-6-3.1
13of the Unified Code of Corrections, as applicable, until the
14assessment is paid or until successful completion of public or
15community service set forth in subsection (e) or the successful
16completion of the substance abuse intervention or treatment
17program set forth in subsection (f). If a term of probation,
18conditional discharge, or supervision is not imposed, the
19assessment shall be payable upon judgment or as directed by the
20court.
21    (d) (Blank). If an assessment for a violation of this Act
22is imposed on an organization, it is the duty of each
23individual authorized to make disbursements of the assets of
24the organization to pay the assessment from assets of the
25organization.
26    (e) (Blank). A defendant who has been ordered to pay an

 

 

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

 

 

10000SB2590sam001- 168 -LRB100 17152 MRW 39040 a

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

 

 

10000SB2590sam001- 169 -LRB100 17152 MRW 39040 a

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

 

 

10000SB2590sam001- 170 -LRB100 17152 MRW 39040 a

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

 

 

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

 

 

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1(Source: P.A. 97-434, eff. 1-1-12.)
 
2    Section 905-80. The Code of Criminal Procedure of 1963 is
3amended by adding Section 124A-20 as follows:
 
4    (725 ILCS 5/124A-20 new)
5    Sec. 124A-20. Assessment waiver.
6    (a) As used in this Section:
7        "Assessments" means any costs imposed on a criminal
8    defendant under Article 15 of the Criminal and Traffic
9    Assessment Act, but does not include violation of the
10    Illinois Vehicle Code assessments.
11        "Indigent person" means any person who meets one or
12    more of the following criteria:
13            (1) He or she is receiving assistance under one or
14        more of the following means-based governmental public
15        benefits programs: Supplemental Security Income; Aid
16        to the Aged, Blind and Disabled; Temporary Assistance
17        for Needy Families; Supplemental Nutrition Assistance
18        Program; General Assistance; Transitional Assistance;
19        or State Children and Family Assistance.
20            (2) His or her available personal income is 200% or
21        less of the current poverty level, unless the
22        applicant's assets that are not exempt under Part 9 or
23        10 of Article XII of the Code of Civil Procedure are of
24        a nature and value that the court determines that the

 

 

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

 

 

10000SB2590sam001- 174 -LRB100 17152 MRW 39040 a

1        applicant's available income is greater than 250% but
2        no more than 300% of the poverty level, unless the
3        applicant's assets that are not exempt under Part 9 or
4        10 of Article XII of the Code of Civil Procedure are
5        such that the court determines that the applicant is
6        able, without undue hardship, to pay a greater portion
7        of the assessments.
8            (C) 25% of all assessments shall be waived if the
9        applicant's available income is greater than 300% but
10        no more than 400% of the poverty level, unless the
11        applicant's assets that are not exempt under Part 9 or
12        10 of Article XII of the Code of Civil Procedure are
13        such that the court determines that the applicant is
14        able, without undue hardship, to pay a greater portion
15        of the assessments.
16    (c) An application for a waiver of assessments shall be in
17writing, signed by the defendant or, if the defendant is a
18minor, by another person having knowledge of the facts, and
19filed no later than 30 days after sentencing. The contents of
20the application for a waiver of assessments, and the procedure
21for deciding the applications, shall be established by Supreme
22Court Rule. Factors to consider in evaluating an application
23shall include:
24        (1) the applicant's receipt of needs based
25    governmental public benefits, including Supplemental
26    Security Income (SSI); Aid to the Aged, Blind and Disabled

 

 

10000SB2590sam001- 175 -LRB100 17152 MRW 39040 a

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

 

 

10000SB2590sam001- 176 -LRB100 17152 MRW 39040 a

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

 

 

10000SB2590sam001- 177 -LRB100 17152 MRW 39040 a

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

 

 

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1submit to the State Comptroller a report of the amount of funds
2remitted by him to the State Treasurer under this Section
3during the preceding calendar year.
4    (c) (Blank). The charge imposed by subsection (b) shall not
5be subject to the provisions of Section 110-14 of the Code of
6Criminal Procedure of 1963.
7    (d) Monies forfeited, and proceeds from the sale of
8property forfeited and seized, under the forfeiture provisions
9set forth in Part 500 of Article 124B of the Code of Criminal
10Procedure of 1963 shall be accepted for the Violent Crime
11Victims Assistance Fund.
12    (e) Investment income which is attributable to the
13investment of monies in the Violent Crime Victims Assistance
14Fund shall be credited to that fund for uses specified in this
15Act. The Treasurer shall provide the Attorney General a monthly
16status report on the amount of money in the Fund.
17    (f) Monies from the fund may be granted on and after July
181, 1984.
19    (g) (Blank). All amounts and charges imposed under this
20Section for any violation of Chapters 3, 4, 6, and 11 of the
21Illinois Vehicle Code, or a similar provision of a local
22ordinance, or any violation of the Child Passenger Protection
23Act, or a similar provision of a local ordinance, shall be
24collected and disbursed by the circuit clerk as provided under
25Section 27.5 of the Clerks of Courts Act.
26(Source: P.A. 96-712, eff. 1-1-10; 97-108, eff. 7-14-11;

 

 

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197-816, eff. 7-16-12.)
 
2    Section 905-90. The Unified Code of Corrections is amended
3by changing Sections 5-4-3, 5-4.5-50, 5-4.5-55, 5-4.5-60,
45-4.5-65, 5-4.5-75, 5-4.5-80, 5-5-3, 5-5-6, 5-6-1, 5-6-3,
55-6-3.1, 5-7-1, 5-9-1, 5-9-1.4, 5-9-1.7, 5-9-1.9, 5-9-1.11,
65-9-1.16, and 5-9-1.21 as follows:
 
7    (730 ILCS 5/5-4-3)  (from Ch. 38, par. 1005-4-3)
8    Sec. 5-4-3. Specimens; genetic marker groups.
9    (a) Any person convicted of, found guilty under the
10Juvenile Court Act of 1987 for, or who received a disposition
11of court supervision for, a qualifying offense or attempt of a
12qualifying offense, convicted or found guilty of any offense
13classified as a felony under Illinois law, convicted or found
14guilty of any offense requiring registration under the Sex
15Offender Registration Act, found guilty or given supervision
16for any offense classified as a felony under the Juvenile Court
17Act of 1987, convicted or found guilty of, under the Juvenile
18Court Act of 1987, any offense requiring registration under the
19Sex Offender Registration Act, or institutionalized as a
20sexually dangerous person under the Sexually Dangerous Persons
21Act, or committed as a sexually violent person under the
22Sexually Violent Persons Commitment Act shall, regardless of
23the sentence or disposition imposed, be required to submit
24specimens of blood, saliva, or tissue to the Illinois

 

 

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

 

 

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

 

 

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

 

 

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1of blood, saliva, or tissue within 45 days after the court
2order at a collection site designated by the Illinois
3Department of State Police.
4    (a-3.2) On or after January 1, 2012 (the effective date of
5Public Act 97-383), any person arrested for any of the
6following offenses, after an indictment has been returned by a
7grand jury, or following a hearing pursuant to Section 109-3 of
8the Code of Criminal Procedure of 1963 and a judge finds there
9is probable cause to believe the arrestee has committed one of
10the designated offenses, or an arrestee has waived a
11preliminary hearing shall be required to provide a specimen of
12blood, saliva, or tissue within 14 days after such indictment
13or hearing at a collection site designated by the Illinois
14Department of State Police:
15        (A) first degree murder;
16        (B) home invasion;
17        (C) predatory criminal sexual assault of a child;
18        (D) aggravated criminal sexual assault; or
19        (E) criminal sexual assault.
20    (a-3.3) Any person required to register as a sex offender
21under the Sex Offender Registration Act, regardless of the date
22of conviction as set forth in subsection (c-5.2) shall be
23required to provide a specimen of blood, saliva, or tissue
24within the time period prescribed in subsection (c-5.2) at a
25collection site designated by the Illinois Department of State
26Police.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

10000SB2590sam001- 188 -LRB100 17152 MRW 39040 a

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

 

 

10000SB2590sam001- 189 -LRB100 17152 MRW 39040 a

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

 

 

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

 

 

10000SB2590sam001- 191 -LRB100 17152 MRW 39040 a

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

 

 

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

 

 

10000SB2590sam001- 193 -LRB100 17152 MRW 39040 a

1        groupings as required by subsection (e).
2            (C) Costs incurred in the purchase and maintenance
3        of equipment for use in performing analyses.
4            (D) Costs incurred in continuing research and
5        development of new techniques for analysis and genetic
6        marker categorization.
7            (E) Costs incurred in continuing education,
8        training, and professional development of forensic
9        scientists regularly employed by these laboratories.
10    (l) The failure of a person to provide a specimen, or of
11any person or agency to collect a specimen, shall in no way
12alter the obligation of the person to submit such specimen, or
13the authority of the Illinois Department of State Police or
14persons designated by the Department to collect the specimen,
15or the authority of the Illinois Department of State Police to
16accept, analyze and maintain the specimen or to maintain or
17upload results of genetic marker grouping analysis information
18into a State or national database.
19    (m) If any provision of this amendatory Act of the 93rd
20General Assembly is held unconstitutional or otherwise
21invalid, the remainder of this amendatory Act of the 93rd
22General Assembly is not affected.
23    (n) Neither the Department of State Police, the Division of
24Forensic Services, nor any laboratory of the Division of
25Forensic Services may contract out forensic testing for the
26purpose of an active investigation or a matter pending before a

 

 

10000SB2590sam001- 194 -LRB100 17152 MRW 39040 a

1court of competent jurisdiction without the written consent of
2the prosecuting agency. For the purposes of this subsection
3(n), "forensic testing" includes the analysis of physical
4evidence in an investigation or other proceeding for the
5prosecution of a violation of the Criminal Code of 1961 or the
6Criminal Code of 2012 or for matters adjudicated under the
7Juvenile Court Act of 1987, and includes the use of forensic
8databases and databanks, including DNA, firearm, and
9fingerprint databases, and expert testimony.
10    (o) Mistake does not invalidate a database match. The
11detention, arrest, or conviction of a person based upon a
12database match or database information is not invalidated if it
13is determined that the specimen was obtained or placed in the
14database by mistake.
15    (p) This Section may be referred to as the Illinois DNA
16Database Law of 2011.
17(Source: P.A. 97-383, eff. 1-1-12; 97-1109, eff. 1-1-13;
1897-1150, eff. 1-25-13; 98-558, eff. 1-1-14.)
 
19    (730 ILCS 5/5-4.5-50)
20    Sec. 5-4.5-50. SENTENCE PROVISIONS; ALL FELONIES. Except
21as otherwise provided, for all felonies:
22    (a) NO SUPERVISION. The court, upon a plea of guilty or a
23stipulation by the defendant of the facts supporting the charge
24or a finding of guilt, may not defer further proceedings and
25the imposition of a sentence and may not enter an order for

 

 

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

 

 

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

 

 

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

 

 

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1application for reduction of a sentence under this subsection
2shall be made within 30 days after the defendant has completed
3the sentence imposed by the other state or district court of
4the United States.
5    (g) NO REQUIRED BIRTH CONTROL. A court may not impose a
6sentence or disposition that requires the defendant to be
7implanted or injected with or to use any form of birth control.
8(Source: P.A. 95-1052, eff. 7-1-09.)
 
9    (730 ILCS 5/5-4.5-55)
10    Sec. 5-4.5-55. CLASS A MISDEMEANORS; SENTENCE. For a Class
11A misdemeanor:
12    (a) TERM. The sentence of imprisonment shall be a
13determinate sentence of less than one year.
14    (b) PERIODIC IMPRISONMENT. A sentence of periodic
15imprisonment shall be for a definite term of less than one
16year, except as otherwise provided in Section 5-5-3 or 5-7-1
17(730 ILCS 5/5-5-3 or 5/5-7-1).
18    (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS
195/5-8-1.2) concerning eligibility for the county impact
20incarceration program.
21    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
22in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
23period of probation or conditional discharge shall not exceed 2
24years. The court shall specify the conditions of probation or
25conditional discharge as set forth in Section 5-6-3 (730 ILCS

 

 

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

 

 

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15-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
2electronic monitoring and home detention.
3(Source: P.A. 100-431, eff. 8-25-17.)
 
4    (730 ILCS 5/5-4.5-60)
5    Sec. 5-4.5-60. CLASS B MISDEMEANORS; SENTENCE. For a Class
6B misdemeanor:
7    (a) TERM. The sentence of imprisonment shall be a
8determinate sentence of not more than 6 months.
9    (b) PERIODIC IMPRISONMENT. A sentence of periodic
10imprisonment shall be for a definite term of up to 6 months or
11as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).
12    (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS
135/5-8-1.2) concerning eligibility for the county impact
14incarceration program.
15    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
16in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or
17conditional discharge shall not exceed 2 years. The court shall
18specify the conditions of probation or conditional discharge as
19set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
20    (e) FINE. Unless otherwise specified by law, the minimum
21fine is $25. A fine not to exceed $1,500 for each offense or
22the amount specified in the offense, whichever is greater, may
23be imposed. A fine may be imposed in addition to a sentence of
24conditional discharge, probation, periodic imprisonment, or
25imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V,

 

 

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1Art. 9) for imposition of additional amounts and determination
2of amounts and payment. If the court finds that the fine would
3impose an undue burden on the victim, the court may reduce or
4waive the fine.
5    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
6concerning restitution.
7    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
8be concurrent or consecutive as provided in Section 5-8-4 (730
9ILCS 5/5-8-4).
10    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
11Act (730 ILCS 166/20) concerning eligibility for a drug court
12program.
13    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
14ILCS 5/5-4.5-100) concerning credit for time spent in home
15detention prior to judgment.
16    (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good
17Behavior Allowance Act (730 ILCS 130/) for rules and
18regulations for good behavior allowance.
19    (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
205-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
21electronic monitoring and home detention.
22(Source: P.A. 100-431, eff. 8-25-17.)
 
23    (730 ILCS 5/5-4.5-65)
24    Sec. 5-4.5-65. CLASS C MISDEMEANORS; SENTENCE. For a Class
25C misdemeanor:

 

 

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1    (a) TERM. The sentence of imprisonment shall be a
2determinate sentence of not more than 30 days.
3    (b) PERIODIC IMPRISONMENT. A sentence of periodic
4imprisonment shall be for a definite term of up to 30 days or
5as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).
6    (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS
75/5-8-1.2) concerning eligibility for the county impact
8incarceration program.
9    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
10in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or
11conditional discharge shall not exceed 2 years. The court shall
12specify the conditions of probation or conditional discharge as
13set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
14    (e) FINE. Unless otherwise specified by law, the minimum
15fine is $25. A fine not to exceed $1,500 for each offense or
16the amount specified in the offense, whichever is greater, may
17be imposed. A fine may be imposed in addition to a sentence of
18conditional discharge, probation, periodic imprisonment, or
19imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V,
20Art. 9) for imposition of additional amounts and determination
21of amounts and payment. If the court finds that the fine would
22impose an undue burden on the victim, the court may reduce or
23waive the fine.
24    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
25concerning restitution.
26    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall

 

 

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1be concurrent or consecutive as provided in Section 5-8-4 (730
2ILCS 5/5-8-4).
3    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
4Act (730 ILCS 166/20) concerning eligibility for a drug court
5program.
6    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
7ILCS 5/5-4.5-100) concerning credit for time spent in home
8detention prior to judgment.
9    (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good
10Behavior Allowance Act (730 ILCS 130/) for rules and
11regulations for good behavior allowance.
12    (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
135-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
14electronic monitoring and home detention.
15(Source: P.A. 100-431, eff. 8-25-17.)
 
16    (730 ILCS 5/5-4.5-75)
17    Sec. 5-4.5-75. PETTY OFFENSES; SENTENCE. Except as
18otherwise provided, for a petty offense:
19    (a) FINE. Unless otherwise specified by law, the minimum
20fine is $25. A defendant may be sentenced to pay a fine not to
21exceed $1,000 for each offense or the amount specified in the
22offense, whichever is less. A fine may be imposed in addition
23to a sentence of conditional discharge or probation. See
24Article 9 of Chapter V (730 ILCS 5/Ch. V, Art. 9) for
25imposition of additional amounts and determination of amounts

 

 

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1and payment. If the court finds that the fine would impose an
2undue burden on the victim, the court may reduce or waive the
3fine.
4    (b) PROBATION; CONDITIONAL DISCHARGE. Except as provided
5in Section 5-6-2 (730 ILCS 5/5-6-2), a defendant may be
6sentenced to a period of probation or conditional discharge not
7to exceed 6 months. The court shall specify the conditions of
8probation or conditional discharge as set forth in Section
95-6-3 (730 ILCS 5/5-6-3).
10    (c) RESTITUTION. A defendant may be sentenced to make
11restitution to the victim under Section 5-5-6 (730 ILCS
125/5-5-6).
13    (d) SUPERVISION; ORDER. The court, upon a plea of guilty or
14a stipulation by the defendant of the facts supporting the
15charge or a finding of guilt, may defer further proceedings and
16the imposition of a sentence and may enter an order for
17supervision of the defendant. If the defendant is not barred
18from receiving an order for supervision under Section 5-6-1
19(730 ILCS 5/5-6-1) or otherwise, the court may enter an order
20for supervision after considering the circumstances of the
21offense, and the history, character, and condition of the
22offender, if the court is of the opinion that:
23        (1) the defendant is not likely to commit further
24    crimes;
25        (2) the defendant and the public would be best served
26    if the defendant were not to receive a criminal record; and

 

 

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

 

 

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1    (b) CONDITIONAL DISCHARGE. A defendant may be sentenced to
2a period of conditional discharge. The court shall specify the
3conditions of conditional discharge as set forth in Section
45-6-3 (730 ILCS 5/5-6-3).
5    (c) RESTITUTION. A defendant may be sentenced to make
6restitution to the victim under Section 5-5-6 (730 ILCS
75/5-5-6).
8    (d) SUPERVISION; ORDER. The court, upon a plea of guilty or
9a stipulation by the defendant of the facts supporting the
10charge or a finding of guilt, may defer further proceedings and
11the imposition of a sentence and may enter an order for
12supervision of the defendant. If the defendant is not barred
13from receiving an order for supervision under Section 5-6-1
14(730 ILCS 5/5-6-1) or otherwise, the court may enter an order
15for supervision after considering the circumstances of the
16offense, and the history, character, and condition of the
17offender, if the court is of the opinion that:
18        (1) the defendant is not likely to commit further
19    crimes;
20        (2) the defendant and the public would be best served
21    if the defendant were not to receive a criminal record; and
22        (3) in the best interests of justice, an order of
23    supervision is more appropriate than a sentence otherwise
24    permitted under this Code.
25    (e) SUPERVISION; PERIOD. When a defendant is placed on
26supervision, the court shall enter an order for supervision

 

 

10000SB2590sam001- 207 -LRB100 17152 MRW 39040 a

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

 

 

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1    (c)(1.5) of Section 401 of that Act which relates to more
2    than 5 grams of a substance containing fentanyl or an
3    analog thereof.
4        (D-5) A violation of subdivision (c)(1) of Section 401
5    of the Illinois Controlled Substances Act which relates to
6    3 or more grams of a substance containing heroin or an
7    analog thereof.
8        (E) (Blank).
9        (F) A Class 1 or greater felony if the offender had
10    been convicted of a Class 1 or greater felony, including
11    any state or federal conviction for an offense that
12    contained, at the time it was committed, the same elements
13    as an offense now (the date of the offense committed after
14    the prior Class 1 or greater felony) classified as a Class
15    1 or greater felony, within 10 years of the date on which
16    the offender committed the offense for which he or she is
17    being sentenced, except as otherwise provided in Section
18    40-10 of the Alcoholism and Other Drug Abuse and Dependency
19    Act.
20        (F-3) A Class 2 or greater felony sex offense or felony
21    firearm offense if the offender had been convicted of a
22    Class 2 or greater felony, including any state or federal
23    conviction for an offense that contained, at the time it
24    was committed, the same elements as an offense now (the
25    date of the offense committed after the prior Class 2 or
26    greater felony) classified as a Class 2 or greater felony,

 

 

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

 

 

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

 

 

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

 

 

10000SB2590sam001- 212 -LRB100 17152 MRW 39040 a

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

 

 

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1this subsection (c), a minimum of 100 hours of community
2service shall be imposed for a second violation of Section
36-303 of the Illinois Vehicle Code.
4    (4.3) A minimum term of imprisonment of 30 days or 300
5hours of community service, as determined by the court, shall
6be imposed for a second violation of subsection (c) of Section
76-303 of the Illinois Vehicle Code.
8    (4.4) Except as provided in paragraphs (4.5), (4.6), and
9(4.9) of this subsection (c), a minimum term of imprisonment of
1030 days or 300 hours of community service, as determined by the
11court, shall be imposed for a third or subsequent violation of
12Section 6-303 of the Illinois Vehicle Code. The court may give
13credit toward the fulfillment of community service hours for
14participation in activities and treatment as determined by
15court services.
16    (4.5) A minimum term of imprisonment of 30 days shall be
17imposed for a third violation of subsection (c) of Section
186-303 of the Illinois Vehicle Code.
19    (4.6) Except as provided in paragraph (4.10) of this
20subsection (c), a minimum term of imprisonment of 180 days
21shall be imposed for a fourth or subsequent violation of
22subsection (c) of Section 6-303 of the Illinois Vehicle Code.
23    (4.7) A minimum term of imprisonment of not less than 30
24consecutive days, or 300 hours of community service, shall be
25imposed for a violation of subsection (a-5) of Section 6-303 of
26the Illinois Vehicle Code, as provided in subsection (b-5) of

 

 

10000SB2590sam001- 214 -LRB100 17152 MRW 39040 a

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