101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3064

 

Introduced , by Rep. Dan Caulkins

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Repeals the Criminal and Traffic Assessment Act. Amends various Acts to restore the provisions that were amended by Public Act 100-987 to the form in which they existed before their amendment by Public Act 100-987. Effective July 1, 2019.


LRB101 10107 LNS 55210 b

 

 

A BILL FOR

 

HB3064LRB101 10107 LNS 55210 b

1    AN ACT concerning fees, fines, and assessments.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    (705 ILCS 135/Act rep.)
5    Section 5. The Criminal and Traffic Assessment Act is
6repealed.
 
7    Section 10. The Unified Code of Corrections is amended by
8reenacting and changing Sections 5-9-1.1 and 5-9-1.1-5 as
9follows:
 
10    (730 ILCS 5/5-9-1.1)  (from Ch. 38, par. 1005-9-1.1)
11    (Text of Section from P.A. 94-550, 96-132, 96-402, 96-1234,
1297-545, 98-537, 99-480, and 100-987)
13    Sec. 5-9-1.1. Drug related offenses.
14    (a) When a person has been adjudged guilty of a drug
15related offense involving possession or delivery of cannabis or
16possession or delivery of a controlled substance, other than
17methamphetamine, as defined in the Cannabis Control Act, as
18amended, or the Illinois Controlled Substances Act, as amended,
19in addition to any other penalty imposed, a fine shall be
20levied by the court at not less than the full street value of
21the cannabis or controlled substances seized.
22    "Street value" shall be determined by the court on the

 

 

HB3064- 2 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 3 -LRB101 10107 LNS 55210 b

1$50 shall be assessed by the court, the proceeds of which shall
2be collected by the Circuit Clerk and remitted to the State
3Treasurer under Section 27.6 of the Clerks of Courts Act for
4deposit into the Performance-enhancing Substance Testing Fund.
5This additional fee of $50 shall not be considered a part of
6the fine for purposes of any reduction in the fine for time
7served either before or after sentencing. The provisions of
8this subsection (d), other than this sentence, are inoperative
9after June 30, 2011.
10    (e) In addition to any penalty imposed under subsection (a)
11of this Section, a $25 assessment shall be assessed by the
12court, the proceeds of which shall be collected by the Circuit
13Clerk and remitted to the State Treasurer for deposit into the
14Criminal Justice Information Projects Fund. The moneys
15deposited into the Criminal Justice Information Projects Fund
16under this Section shall be appropriated to and administered by
17the Illinois Criminal Justice Information Authority for
18distribution to fund Department of State Police funding of drug
19task forces and Metropolitan Enforcement Groups by dividing the
20funds equally by the total number of Department of State Police
21drug task forces and Illinois Metropolitan Enforcement Groups.
22    (f) In addition to any penalty imposed under subsection (a)
23of this Section, a $40 assessment shall be assessed by the
24court, the proceeds of which shall be collected by the Circuit
25Clerk. Of the collected proceeds, (i) 90% shall be remitted to
26the State Treasurer for deposit into the Prescription Pill and

 

 

HB3064- 4 -LRB101 10107 LNS 55210 b

1Drug Disposal Fund; (ii) 5% shall be remitted for deposit into
2the Criminal Justice Information Projects Fund, for use by the
3Illinois Criminal Justice Information Authority for the costs
4associated with making grants from the Prescription Pill and
5Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%
6for deposit into the Circuit Court Clerk Operation and
7Administrative Fund for the costs associated with
8administering this subsection.
9(Source: P.A. 98-537, eff. 8-23-13; 99-480, eff. 9-9-15;
10100-987, Article 900, Section 900-5, eff. 8-20-18. Repealed by
11P.A. 100-987, Article 905, Section 905-93, eff. 7-1-19.)
 
12    (Text of Section from P.A. 94-556, 96-132, 96-402, 96-1234,
1397-545, 98-537, 99-480, and 100-987)
14    Sec. 5-9-1.1. Drug related offenses.
15    (a) When a person has been adjudged guilty of a drug
16related offense involving possession or delivery of cannabis or
17possession or delivery of a controlled substance as defined in
18the Cannabis Control Act, the Illinois Controlled Substances
19Act, or the Methamphetamine Control and Community Protection
20Act, in addition to any other penalty imposed, a fine shall be
21levied by the court at not less than the full street value of
22the cannabis or controlled substances seized.
23    "Street value" shall be determined by the court on the
24basis of testimony of law enforcement personnel and the
25defendant as to the amount seized and such testimony as may be

 

 

HB3064- 5 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 6 -LRB101 10107 LNS 55210 b

1Treasurer under Section 27.6 of the Clerks of Courts Act for
2deposit into the Performance-enhancing Substance Testing Fund.
3This additional fee of $50 shall not be considered a part of
4the fine for purposes of any reduction in the fine for time
5served either before or after sentencing. The provisions of
6this subsection (d), other than this sentence, are inoperative
7after June 30, 2011.
8    (e) In addition to any penalty imposed under subsection (a)
9of this Section, a $25 assessment shall be assessed by the
10court, the proceeds of which shall be collected by the Circuit
11Clerk and remitted to the State Treasurer for deposit into the
12Criminal Justice Information Projects Fund. The moneys
13deposited into the Criminal Justice Information Projects Fund
14under this Section shall be appropriated to and administered by
15the Illinois Criminal Justice Information Authority for
16distribution to fund Department of State Police funding of drug
17task forces and Metropolitan Enforcement Groups by dividing the
18funds equally by the total number of Department of State Police
19drug task forces and Illinois Metropolitan Enforcement Groups.
20    (f) In addition to any penalty imposed under subsection (a)
21of this Section, a $40 assessment shall be assessed by the
22court, the proceeds of which shall be collected by the Circuit
23Clerk. Of the collected proceeds, (i) 90% shall be remitted to
24the State Treasurer for deposit into the Prescription Pill and
25Drug Disposal Fund; (ii) 5% shall be remitted for deposit into
26the Criminal Justice Information Projects Fund, for use by the

 

 

HB3064- 7 -LRB101 10107 LNS 55210 b

1Illinois Criminal Justice Information Authority for the costs
2associated with making grants from the Prescription Pill and
3Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%
4for deposit into the Circuit Court Clerk Operation and
5Administrative Fund for the costs associated with
6administering this subsection.
7(Source: 99-480, eff. 9-9-15; 100-987, Article 900, Section
8900-5, eff. 8-20-18. Repealed by P.A. 100-987, Article 905,
9Section 905-93, eff. 7-1-19.)
 
10    (730 ILCS 5/5-9-1.1-5)
11    Sec. 5-9-1.1-5. Methamphetamine related offenses.
12    (a) When a person has been adjudged guilty of a
13methamphetamine related offense involving possession or
14delivery of methamphetamine or any salt of an optical isomer of
15methamphetamine or possession of a methamphetamine
16manufacturing material as set forth in Section 10 of the
17Methamphetamine Control and Community Protection Act with the
18intent to manufacture a substance containing methamphetamine
19or salt of an optical isomer of methamphetamine, in addition to
20any other penalty imposed, a fine shall be levied by the court
21at not less than the full street value of the methamphetamine
22or salt of an optical isomer of methamphetamine or
23methamphetamine manufacturing materials seized.
24    "Street value" shall be determined by the court on the
25basis of testimony of law enforcement personnel and the

 

 

HB3064- 8 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 9 -LRB101 10107 LNS 55210 b

1court, the proceeds of which shall be collected by the Circuit
2Clerk. Of the collected proceeds, (i) 90% shall be remitted to
3the State Treasurer for deposit into the Prescription Pill and
4Drug Disposal Fund; (ii) 5% shall be remitted for deposit into
5the Criminal Justice Information Projects Fund, for use by the
6Illinois Criminal Justice Information Authority for the costs
7associated with making grants from the Prescription Pill and
8Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%
9for deposit into the Circuit Court Clerk Operation and
10Administrative Fund for the costs associated with
11administering this subsection.
12(Source: P.A. 98-537, eff. 8-23-13; 99-480, eff. 9-9-15.)
 
13    Section 15. The Domestic Violence Shelters Act is amended
14by changing Section 3.2 as follows:
 
15    (20 ILCS 1310/3.2)  (from Ch. 40, par. 2403.2)
16    Sec. 3.2. All funds collected pursuant to P.A. 82-645,
17which are held in escrow for refund and for which a refund is
18not approved by September 1, 1988, shall be forwarded to the
19State Treasurer for deposit into the Domestic Violence Shelter
20and Service Fund. The Domestic Violence Shelter and Service
21Fund shall also include assessments fines received by the State
22Treasurer from circuit clerks under the Criminal and Traffic
23Assessment Act in accordance with Section 5-9-1.5 of the
24Unified Code of Corrections. Monies deposited in the Fund

 

 

HB3064- 10 -LRB101 10107 LNS 55210 b

1pursuant to this Section and the income tax check-off for the
2Domestic Violence Shelter and Service Fund authorized by
3Section 507F of the Illinois Income Tax Act shall be
4appropriated to the Department of Human Services for the
5purpose of providing services specified by this Act; however,
6the Department may waive the matching funds requirement of this
7Act with respect to such monies. Any such waiver shall be
8uniform throughout the State. This amendatory Act of 1987
9applies to all funds collected pursuant to PA 82-645, held in
10escrow and for which no refund is approved by September 1,
111988, whether those funds are administered by the State, a
12county, a court, or any other unit or agency of government.
13(Source: P.A. 89-507, eff. 7-1-97.)
 
14    Section 20. The Burn Victims Relief Act is amended by
15changing Section 10 as follows:
 
16    (20 ILCS 1410/10)
17    Sec. 10. Payments to the George Bailey Memorial Fund. The
18George Bailey Memorial Fund is created as a special fund in the
19State treasury. The George Bailey Memorial Fund shall be funded
20pursuant to subsection (p) of Section 27.6 of the Clerks of
21Courts Act and Section 16-104d of the Illinois Vehicle Code.
22Funds received under Section 16-104d of the Illinois Vehicle
23Code shall be repaid in full to the Fire Truck Revolving Loan
24Fund, without the deduction of the 20% administrative fee

 

 

HB3064- 11 -LRB101 10107 LNS 55210 b

1authorized in subsection (b) of Section 5, upon receipt by the
2George Bailey Memorial Fund from the person or his or her
3estate, trust, or heirs of any moneys from a settlement for the
4injury that is the proximate cause of the person's disability
5under this Act or moneys received from Social Security
6disability benefits. Moneys in the George Bailey Memorial Fund
7may only be used for the purposes set forth in this Act.
8(Source: P.A. 99-455, eff. 1-1-16.)
 
9    Section 25. The State Police Act is amended by changing
10Section 7.2 as follows:
 
11    (20 ILCS 2610/7.2)
12    Sec. 7.2. State Police Merit Board Public Safety Fund.
13    (a) A special fund in the State treasury is hereby created
14which shall be known as the State Police Merit Board Public
15Safety Fund. The Fund shall be used by the State Police Merit
16Board to provide a cadet program for State Police personnel and
17to meet all costs associated with the functions of the State
18Police Merit Board. Notwithstanding any other law to the
19contrary, the State Police Merit Board Public Safety Fund is
20not subject to sweeps, administrative charge-backs, or any
21other fiscal or budgetary maneuver that would in any way
22transfer any amounts from the State Police Merit Board Public
23Safety Fund into any other fund of the State.
24    (b) The Fund may receive State appropriations, gifts,

 

 

HB3064- 12 -LRB101 10107 LNS 55210 b

1grants, and federal funds and shall include earnings from the
2investment of moneys in the Fund.
3    (c) The administration of this Fund shall be the
4responsibility of the State Police Merit Board. The Board shall
5establish terms and conditions for the operation of the Fund.
6The Board shall establish and implement fiscal controls and
7accounting periods for programs operated using the Fund. All
8fees or moneys received by the State Treasurer under the
9Criminal and Traffic Assessment Act subsection (n) of Section
1027.6 of the Clerks of Courts Act shall be deposited into the
11Fund. The moneys deposited in the State Police Merit Board
12Public Safety Fund shall be appropriated to the State Police
13Merit Board for expenses of the Board for the administration
14and conduct of all its programs for State Police personnel.
15(Source: P.A. 97-1051, eff. 1-1-13.)
 
16    Section 30. The Illinois Criminal Justice Information Act
17is amended by changing Section 9.1 as follows:
 
18    (20 ILCS 3930/9.1)
19    Sec. 9.1. Criminal Justice Information Projects Fund. The
20Criminal Justice Information Projects Fund is hereby created as
21a special fund in the State Treasury. Grants and other moneys
22obtained by the Authority from governmental entities (other
23than the federal government), private sources, and
24not-for-profit organizations for use in investigating criminal

 

 

HB3064- 13 -LRB101 10107 LNS 55210 b

1justice issues or undertaking other criminal justice
2information projects shall be deposited into the Fund. Moneys
3in the Fund may be used by the Authority, subject to
4appropriation, for undertaking such projects and for the
5operating and other expenses of the Authority incidental to
6those projects, and for the costs associated with making grants
7from the Prescription Pill and Drug Disposal Fund. The moneys
8deposited into the Criminal Justice Information Projects Fund
9under Sections 15-15 and 15-35 of the Criminal and Traffic
10Assessment Act shall be appropriated to and administered by the
11Illinois Criminal Justice Information Authority for
12distribution to fund Department of State Police drug task
13forces and Metropolitan Enforcement Groups by dividing the
14funds equally by the total number of Department of State Police
15drug task forces and Illinois Metropolitan Enforcement Groups.
16(Source: P.A. 88-538.)
 
17    (30 ILCS 105/5.886 rep.)  (as added by Public Act 100-987)
18    (30 ILCS 105/6z-105 rep.)  (as added by Public Act 100-987)
19    Section 35. The State Finance Act is amended by repealing
20Sections 5.886, as added by Public Act 100-987, and 6z-105, as
21added by Public Act 100-987.
 
22    Section 40. The State Finance Act is amended by changing
23Sections 6b-4, 6z-82, 6z-87, 8p, and 8q as follows:
 

 

 

HB3064- 14 -LRB101 10107 LNS 55210 b

1    (30 ILCS 105/6b-4)  (from Ch. 127, par. 142b4)
2    Sec. 6b-4. On the second Monday of every month, the
3Director of Public Health shall certify to the State
4Comptroller and the State Treasurer the amount generated by the
5issuance of commemorative birth certificates under subsection
6(14) of Section 25 of the Vital Records Act in excess of the
7costs incurred in issuing the documents. Within 15 days of
8receipt of the certification required by this Section, the
9State Comptroller and the State Treasurer shall transfer from
10the General Revenue Fund, one-half of the amount certified as
11being received from the issuance of commemorative birth
12certificates to the Child Abuse Prevention Fund and one-half of
13the amount to the Domestic Violence Shelter and Service Fund.
14    The State Treasurer shall deposit into the Domestic
15Violence Shelter and Service Fund each assessment received
16under the Criminal and Traffic Assessment Act fine received
17from circuit clerks under Section 5-9-1.5 of the Unified Code
18of Corrections.
19    The State Treasurer shall deposit into the Sexual Assault
20Services Fund and the Domestic Violence Shelter and Service
21Fund each of those fines received from circuit clerks under
22Section 5-9-1.7 of the Unified Code of Corrections in
23accordance with the provisions of that Section.
24(Source: P.A. 87-791; 87-1072.)
 
25    (30 ILCS 105/6z-82)

 

 

HB3064- 15 -LRB101 10107 LNS 55210 b

1    Sec. 6z-82. State Police Operations Assistance Fund.
2    (a) There is created in the State treasury a special fund
3known as the State Police Operations Assistance Fund. The Fund
4shall receive revenue under the Criminal and Traffic Assessment
5Act pursuant to Section 27.3a of the Clerks of Courts Act. The
6Fund may also receive revenue from grants, donations,
7appropriations, and any other legal source.
8    (b) The Department of State Police may use moneys in the
9Fund to finance any of its lawful purposes or functions.
10    (c) Expenditures may be made from the Fund only as
11appropriated by the General Assembly by law.
12    (d) Investment income that is attributable to the
13investment of moneys in the Fund shall be retained in the Fund
14for the uses specified in this Section.
15    (e) The State Police Operations Assistance Fund shall not
16be subject to administrative chargebacks.
17    (f) Notwithstanding any other provision of State law to the
18contrary, on or after July 1, 2012, and until June 30, 2013, in
19addition to any other transfers that may be provided for by
20law, at the direction of and upon notification from the
21Director of State Police, the State Comptroller shall direct
22and the State Treasurer shall transfer amounts into the State
23Police Operations Assistance Fund from the designated funds not
24exceeding the following totals:
25    State Police Vehicle Fund.....................$2,250,000
26    State Police Wireless Service

 

 

HB3064- 16 -LRB101 10107 LNS 55210 b

1        Emergency Fund............................$2,500,000
2    State Police Services Fund....................$3,500,000
3(Source: P.A. 96-1029, eff. 7-13-10; 97-333, eff. 8-12-11;
497-732, eff. 6-30-12.)
 
5    (30 ILCS 105/6z-87)
6    Sec. 6z-87. Conservation Police Operations Assistance
7Fund.
8    (a) There is created in the State treasury a special fund
9known as the Conservation Police Operations Assistance Fund.
10The Fund shall receive revenue under the Criminal and Traffic
11Assessment Act pursuant to Section 27.3a of the Clerks of
12Courts Act. The Fund may also receive revenue from grants,
13donations, appropriations, and any other legal source.
14    (b) The Department of Natural Resources may use moneys in
15the Fund to support any lawful operations of the Illinois
16Conservation Police.
17    (c) Expenditures may be made from the Fund only as
18appropriated by the General Assembly by law.
19    (d) Investment income that is attributable to the
20investment of moneys in the Fund shall be retained in the Fund
21for the uses specified in this Section.
22    (e) The Conservation Police Operations Assistance Fund
23shall not be subject to administrative chargebacks.
24(Source: P.A. 97-46, eff. 7-1-12; 97-813, eff. 7-13-12.)
 

 

 

HB3064- 17 -LRB101 10107 LNS 55210 b

1    (30 ILCS 105/8p)
2    Sec. 8p. State Police Streetgang-Related Crime Fund.
3    (a) The State Police Streetgang-Related Crime Fund is
4created as a special fund in the State treasury.
5    (b) All moneys collected and payable to the Department of
6State Police from the State Police Streetgang-Related Crime
7Fund under Section 5-9-1.19 of the Unified Code of Corrections
8shall be deposited into the State Police Streetgang-Related
9Crime Fund and shall be appropriated to and administered by the
10Department of State Police for operations and initiatives to
11combat and prevent streetgang-related crime.
12    (c) The State Police Streetgang-Related Crime Fund shall
13not be subject to administrative chargebacks.
14(Source: P.A. 96-1029, eff. 7-13-10.)
 
15    (30 ILCS 105/8q)
16    Sec. 8q. Illinois Department of Corrections Parole
17Division Offender Supervision Fund.
18    (a) The Illinois Department of Corrections Parole Division
19Offender Supervision Fund is created as a special fund in the
20State treasury.
21    (b) All moneys collected and payable to the Department of
22Corrections and under Section 5-9-1.20 of the Unified Code of
23Corrections shall be deposited into the Illinois Department of
24Corrections Parole Division Offender Supervision Fund and
25shall be appropriated to and administered by the Department of

 

 

HB3064- 18 -LRB101 10107 LNS 55210 b

1Corrections for operations and initiatives to combat and
2supervise paroled offenders in the community.
3    (c) The Illinois Department of Corrections Parole Division
4Offender Supervision Fund shall not be subject to
5administrative chargebacks.
6(Source: P.A. 97-262, eff. 8-5-11.)
 
7    Section 45. The State Property Control Act is amended by
8changing Section 7c as follows:
 
9    (30 ILCS 605/7c)
10    Sec. 7c. Acquisition of State Police vehicles. The State
11Police Vehicle Fund is created as a special fund in the State
12treasury. The Fund shall consist of fees received pursuant to
13Section 16-104c of the Illinois Vehicle Code. All moneys in the
14Fund, subject to appropriation, shall be used by the Department
15of State Police:
16        (1) for the acquisition of vehicles for that
17    Department; or
18        (2) for debt service on bonds issued to finance the
19    acquisition of vehicles for that Department.
20(Source: P.A. 94-839, eff. 6-6-06.)
 
21    Section 50. Illinois Police Training Act is amended by
22changing Section 9 as follows:
 

 

 

HB3064- 19 -LRB101 10107 LNS 55210 b

1    (50 ILCS 705/9)  (from Ch. 85, par. 509)
2    Sec. 9. A special fund is hereby established in the State
3Treasury to be known as the Traffic and Criminal Conviction
4Surcharge Fund and shall be financed as provided in Section 9.1
5of this Act and Section 5-9-1 of the Unified Code of
6Corrections, unless the fines, costs, or additional amounts
7imposed are subject to disbursement by the circuit clerk under
8Section 27.5 of the Clerks of Courts Act. Moneys in this Fund
9shall be expended as follows:
10        (1) a portion of the total amount deposited in the Fund
11    may be used, as appropriated by the General Assembly, for
12    the ordinary and contingent expenses of the Illinois Law
13    Enforcement Training Standards Board;
14        (2) a portion of the total amount deposited in the Fund
15    shall be appropriated for the reimbursement of local
16    governmental agencies participating in training programs
17    certified by the Board, in an amount equaling 1/2 of the
18    total sum paid by such agencies during the State's previous
19    fiscal year for mandated training for probationary police
20    officers or probationary county corrections officers and
21    for optional advanced and specialized law enforcement or
22    county corrections training; these reimbursements may
23    include the costs for tuition at training schools, the
24    salaries of trainees while in schools, and the necessary
25    travel and room and board expenses for each trainee; if the
26    appropriations under this paragraph (2) are not sufficient

 

 

HB3064- 20 -LRB101 10107 LNS 55210 b

1    to fully reimburse the participating local governmental
2    agencies, the available funds shall be apportioned among
3    such agencies, with priority first given to repayment of
4    the costs of mandatory training given to law enforcement
5    officer or county corrections officer recruits, then to
6    repayment of costs of advanced or specialized training for
7    permanent police officers or permanent county corrections
8    officers;
9        (3) a portion of the total amount deposited in the Fund
10    may be used to fund the Intergovernmental Law Enforcement
11    Officer's In-Service Training Act, veto overridden October
12    29, 1981, as now or hereafter amended, at a rate and method
13    to be determined by the board;
14        (4) a portion of the Fund also may be used by the
15    Illinois Department of State Police for expenses incurred
16    in the training of employees from any State, county or
17    municipal agency whose function includes enforcement of
18    criminal or traffic law;
19        (5) a portion of the Fund may be used by the Board to
20    fund grant-in-aid programs and services for the training of
21    employees from any county or municipal agency whose
22    functions include corrections or the enforcement of
23    criminal or traffic law;
24        (6) for fiscal years 2013 through 2017 only, a portion
25    of the Fund also may be used by the Department of State
26    Police to finance any of its lawful purposes or functions;

 

 

HB3064- 21 -LRB101 10107 LNS 55210 b

1    and
2        (7) a portion of the Fund may be used by the Board,
3    subject to appropriation, to administer grants to local law
4    enforcement agencies for the purpose of purchasing
5    bulletproof vests under the Law Enforcement Officer
6    Bulletproof Vest Act.
7    All payments from the Traffic and Criminal Conviction
8Surcharge Fund shall be made each year from moneys appropriated
9for the purposes specified in this Section. No more than 50% of
10any appropriation under this Act shall be spent in any city
11having a population of more than 500,000. The State Comptroller
12and the State Treasurer shall from time to time, at the
13direction of the Governor, transfer from the Traffic and
14Criminal Conviction Surcharge Fund to the General Revenue Fund
15in the State Treasury such amounts as the Governor determines
16are in excess of the amounts required to meet the obligations
17of the Traffic and Criminal Conviction Surcharge Fund.
18(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14;
1998-743, eff. 1-1-15; 99-78, eff. 7-20-15; 99-523, eff.
206-30-16.)
 
21    Section 55. The Illinois Police Training Act is amended by
22reenacting Section 9.1 as follows:
 
23    (50 ILCS 705/9.1)  (from Ch. 85, par. 509.1)
24    Sec. 9.1. In addition to every fine imposed by a court for

 

 

HB3064- 22 -LRB101 10107 LNS 55210 b

1a criminal or traffic offense, an additional assessment,
2payable to The Traffic and Criminal Conviction Surcharge Fund,
3shall be imposed by the court and paid by the defendant in
4accordance with subsection (c) of Section 5-9-1 of the "Unified
5Code of Corrections", unless the additional assessment and fine
6are subject to disbursement by the circuit clerk under Section
727.5 of the Clerks of Court Act. The Clerk of the Circuit Court
8shall retain 2% of such penalty assessment total to cover the
9costs incurred in administering and enforcing this Section.
10(Source: P.A. 87-670.)
 
11    Section 60. The Counties Code is amended by changing
12Sections 3-6023, 4-2004, 4-2005, and 4-2006 as follows:
 
13    (55 ILCS 5/3-6023)  (from Ch. 34, par. 3-6023)
14    Sec. 3-6023. Attendance at courts. Each sheriff shall, in
15person or by deputy, county corrections officer, or court
16security officer, attend upon all courts held in his or her
17county when in session, and obey the lawful orders and
18directions of the court, and shall maintain the security of the
19courthouse. Court services customarily performed by sheriffs
20shall be provided by the sheriff or his or her deputies, county
21corrections officers, or court security officers, rather than
22by employees of the court, unless there are no deputies, county
23corrections officers, or court security officers available to
24perform such services. The expenses of the sheriff in carrying

 

 

HB3064- 23 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 24 -LRB101 10107 LNS 55210 b

1    (55 ILCS 5/4-2005)  (from Ch. 34, par. 4-2005)
2    Sec. 4-2005. Payment of salaries; disposition of fees. The
3salaries of the State's attorneys, excepting that part which is
4to be paid out of the State treasury as now provided for by
5law, and the salaries of all Assistant State's attorneys shall
6be paid out of the general corporate fund of the county
7treasury of the county in which the State's attorney resides,
8on the order of the county board by the treasurer of the
9county: The fees which are now, or may hereafter, be provided
10by law to be paid by the defendant or defendants, as State's
11attorney's fees, shall be taxed as costs and all fees, fines,
12forfeitures and penalties shall be collected by the State's
13attorney, except as otherwise specifically provided by law for
14those amounts required by Section 9.1 of the "Illinois Police
15Training Act" and Section 5-9-1 of the "Unified Code of
16Corrections" to be paid into The Traffic and Criminal
17Conviction Surcharge Fund and those amounts subject to
18disbursement by the circuit clerk under Section 27.5 of the
19Clerks of Courts Act, and shall be paid by him directly into
20the county treasury to be deposited into the general corporate
21fund of the county. The county treasurer shall receipt
22therefor.
23(Source: P.A. 86-962; 87-670.)
 
24    (55 ILCS 5/4-2006)  (from Ch. 34, par. 4-2006)
25    Sec. 4-2006. Report of fees.

 

 

HB3064- 25 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 26 -LRB101 10107 LNS 55210 b

1State's attorney has failed or refused to turn over the fines
2and forfeitures collected by him as required by law the court
3shall at once suspend him and appoint a State's attorney pro
4tempore to perform the duties of the office until such State's
5attorney shall have complied with the provisions of this
6Division or the orders of the court in regard thereto. The
7court, for the purpose of carrying out the provisions of this
8Section shall have the power to examine books and papers and to
9issue subpoenas to compel the appearance of persons and the
10production of books and records: Provided, however, no order
11entered under this Section shall be a bar to any proper
12proceedings against such State's attorney and his bondsman to
13require him to account for moneys collected and not paid over
14by him as required by law.
15    (b) Waiver of report of fees. The filing of the report of
16fees as provided by subsection (a) of this Section may be
17waived by written administrative order of the chief judge of
18the circuit upon written request and affidavit of the State's
19attorney of a county within the circuit that all fines, fees,
20forfeitures, and restitution are collected by the clerk of the
21circuit court and that none of those funds pass through the
22office of the State's attorney.
23(Source: P.A. 86-962; 87-1201.)
 
24    Section 65. The Counties Code is amended by reenacting
25Sections 3-4012, 4-2002, 4-2002.1, 5-1101, 5-1101.5, and

 

 

HB3064- 27 -LRB101 10107 LNS 55210 b

15-1103 as follows:
 
2    (55 ILCS 5/3-4012)
3    Sec. 3-4012. Public defender's fees in counties of
43,000,000 or more population. The Cook County Public Defender
5shall be entitled to a $2 fee to be paid by the defendant on a
6judgment of guilty or a grant of supervision for a violation of
7any provision of the Illinois Vehicle Code or any felony,
8misdemeanor, or petty offense to discharge the expenses of the
9Cook County Public Defender's office for establishing and
10maintaining automated record keeping systems. The fee shall be
11remitted monthly to the county treasurer, to be deposited by
12him or her into a special fund designated as the Public
13Defender Records Automation Fund. Expenditures from this fund
14may be made by the Public Defender for hardware, software,
15research, and development costs and personnel related thereto.
16(Source: P.A. 97-673, eff. 6-1-12.)
 
17    (55 ILCS 5/4-2002)  (from Ch. 34, par. 4-2002)
18    Sec. 4-2002. State's attorney fees in counties under
193,000,000 population. This Section applies only to counties
20with fewer than 3,000,000 inhabitants.
21    (a) State's attorneys shall be entitled to the following
22fees, however, the fee requirement of this subsection does not
23apply to county boards:
24    For each conviction in prosecutions on indictments for

 

 

HB3064- 28 -LRB101 10107 LNS 55210 b

1first degree murder, second degree murder, involuntary
2manslaughter, criminal sexual assault, aggravated criminal
3sexual assault, aggravated criminal sexual abuse, kidnapping,
4arson and forgery, $30. All other cases punishable by
5imprisonment in the penitentiary, $30.
6    For each conviction in other cases tried before judges of
7the circuit court, $15; except that if the conviction is in a
8case which may be assigned to an associate judge, whether or
9not it is in fact assigned to an associate judge, the fee shall
10be $10.
11    For preliminary examinations for each defendant held to
12bail or recognizance, $10.
13    For each examination of a party bound over to keep the
14peace, $10.
15    For each defendant held to answer in a circuit court on a
16charge of paternity, $10.
17    For each trial on a charge of paternity, $30.
18    For each case of appeal taken from his county or from the
19county to which a change of venue is taken to his county to the
20Supreme or Appellate Court when prosecuted or defended by him,
21$50.
22    For each day actually employed in the trial of a case, $25;
23in which case the court before whom the case is tried shall
24make an order specifying the number of days for which a per
25diem shall be allowed.
26    For each day actually employed in the trial of cases of

 

 

HB3064- 29 -LRB101 10107 LNS 55210 b

1felony arising in their respective counties and taken by change
2of venue to another county, $25; and the court before whom the
3case is tried shall make an order specifying the number of days
4for which said per diem shall be allowed; and it is hereby made
5the duty of each State's attorney to prepare and try each case
6of felony arising when so taken by change of venue.
7    For assisting in a trial of each case on an indictment for
8felony brought by change of venue to their respective counties,
9the same fees they would be entitled to if such indictment had
10been found for an offense committed in his county, and it shall
11be the duty of the State's attorney of the county to which such
12cause is taken by change of venue to assist in the trial
13thereof.
14    For each case of forfeited recognizance where the
15forfeiture is set aside at the instance of the defense, in
16addition to the ordinary costs, $10 for each defendant.
17    For each proceeding in a circuit court to inquire into the
18alleged mental illness of any person, $10 for each defendant.
19    For each proceeding in a circuit court to inquire into the
20alleged dependency or delinquency of any child, $10.
21    For each day actually employed in the hearing of a case of
22habeas corpus in which the people are interested, $25.
23    For each violation of the Criminal Code of 1961 or the
24Criminal Code of 2012 and the Illinois Vehicle Code in which a
25defendant has entered a plea of guilty or a defendant has
26stipulated to the facts supporting the charge or a finding of

 

 

HB3064- 30 -LRB101 10107 LNS 55210 b

1guilt and the court has entered an order of supervision, $10.
2    State's attorneys shall be entitled to a $2 fee to be paid
3by the defendant on a judgment of guilty or a grant of
4supervision for a violation of any provision of the Illinois
5Vehicle Code or any felony, misdemeanor, or petty offense to
6discharge the expenses of the State's Attorney's office for
7establishing and maintaining automated record keeping systems.
8The fee shall be remitted monthly to the county treasurer, to
9be deposited by him or her into a special fund designated as
10the State's Attorney Records Automation Fund. Expenditures
11from this fund may be made by the State's Attorney for
12hardware, software, research, and development costs and
13personnel related thereto.
14    All the foregoing fees shall be taxed as costs to be
15collected from the defendant, if possible, upon conviction. But
16in cases of inquiry into the mental illness of any person
17alleged to be mentally ill, in cases on a charge of paternity
18and in cases of appeal in the Supreme or Appellate Court, where
19judgment is in favor of the accused, the fees allowed the
20State's attorney therein shall be retained out of the fines and
21forfeitures collected by them in other cases.
22    Ten per cent of all moneys except revenue, collected by
23them and paid over to the authorities entitled thereto, which
24per cent together with the fees provided for herein that are
25not collected from the parties tried or examined, shall be paid
26out of any fines and forfeited recognizances collected by them,

 

 

HB3064- 31 -LRB101 10107 LNS 55210 b

1provided however, that in proceedings to foreclose the lien of
2delinquent real estate taxes State's attorneys shall receive a
3fee, to be credited to the earnings of their office, of 10% of
4the total amount realized from the sale of real estate sold in
5such proceedings. Such fees shall be paid from the total amount
6realized from the sale of the real estate sold in such
7proceedings.
8    State's attorneys shall have a lien for their fees on all
9judgments for fines or forfeitures procured by them and on
10moneys except revenue received by them until such fees and
11earnings are fully paid.
12    No fees shall be charged on more than 10 counts in any one
13indictment or information on trial and conviction; nor on more
14than 10 counts against any one defendant on pleas of guilty.
15    The Circuit Court may direct that of all monies received,
16by restitution or otherwise, which monies are ordered paid to
17the Department of Healthcare and Family Services (formerly
18Department of Public Aid) or the Department of Human Services
19(acting as successor to the Department of Public Aid under the
20Department of Human Services Act) as a direct result of the
21efforts of the State's attorney and which payments arise from
22Civil or Criminal prosecutions involving the Illinois Public
23Aid Code or the Criminal Code, the following amounts shall be
24paid quarterly by the Department of Healthcare and Family
25Services or the Department of Human Services to the General
26Corporate Fund of the County in which the prosecution or cause

 

 

HB3064- 32 -LRB101 10107 LNS 55210 b

1of action took place:
2        (1) where the monies result from child support
3    obligations, not more than 25% of the federal share of the
4    monies received,
5        (2) where the monies result from other than child
6    support obligations, not more than 25% of the State's share
7    of the monies received.
8    In addition to any other amounts to which State's Attorneys
9are entitled under this Section, State's Attorneys are entitled
10to $10 of the fine that is imposed under Section 5-9-1.17 of
11the Unified Code of Corrections, as set forth in that Section.
12    (b) A municipality shall be entitled to a $25 prosecution
13fee for each conviction for a violation of the Illinois Vehicle
14Code prosecuted by the municipal attorney pursuant to Section
1516-102 of that Code which results in a finding of guilt before
16a circuit or associate judge or in which a defendant has
17stipulated to the facts supporting the charge or a finding of
18guilt and the court has entered an order of supervision and
19shall be entitled to a $25 prosecution fee for each conviction
20for a violation of a municipal vehicle ordinance or nontraffic
21ordinance which results in a finding of guilt before a circuit
22or associate judge or in which a defendant has stipulated to
23the facts supporting the charge or a finding of guilt and the
24court has entered an order of supervision. Such fee shall be
25taxed as costs to be collected from the defendant, if possible,
26upon disposition of the case. A municipality shall have a lien

 

 

HB3064- 33 -LRB101 10107 LNS 55210 b

1for such prosecution fees on all judgments or fines procured by
2the municipal attorney from prosecutions for violations of the
3Illinois Vehicle Code and municipal vehicle ordinances or
4nontraffic ordinances.
5    For the purposes of this subsection (b), "municipal vehicle
6ordinance" means any ordinance enacted pursuant to Sections
711-40-1, 11-40-2, 11-40-2a and 11-40-3 of the Illinois
8Municipal Code or any ordinance enacted by a municipality which
9is similar to a provision of Chapter 11 of the Illinois Vehicle
10Code.
11(Source: P.A. 96-707, eff. 1-1-10; 96-1186, eff. 7-22-10;
1297-331, eff. 8-12-11; 97-673, eff. 6-1-12; 97-1150, eff.
131-25-13.)
 
14    (55 ILCS 5/4-2002.1)  (from Ch. 34, par. 4-2002.1)
15    Sec. 4-2002.1. State's attorney fees in counties of
163,000,000 or more population. This Section applies only to
17counties with 3,000,000 or more inhabitants.
18    (a) State's attorneys shall be entitled to the following
19fees:
20        For each conviction in prosecutions on indictments for
21    first degree murder, second degree murder, involuntary
22    manslaughter, criminal sexual assault, aggravated criminal
23    sexual assault, aggravated criminal sexual abuse,
24    kidnapping, arson and forgery, $60. All other cases
25    punishable by imprisonment in the penitentiary, $60.

 

 

HB3064- 34 -LRB101 10107 LNS 55210 b

1        For each conviction in other cases tried before judges
2    of the circuit court, $30; except that if the conviction is
3    in a case which may be assigned to an associate judge,
4    whether or not it is in fact assigned to an associate
5    judge, the fee shall be $20.
6        For preliminary examinations for each defendant held
7    to bail or recognizance, $20.
8        For each examination of a party bound over to keep the
9    peace, $20.
10        For each defendant held to answer in a circuit court on
11    a charge of paternity, $20.
12        For each trial on a charge of paternity, $60.
13        For each case of appeal taken from his county or from
14    the county to which a change of venue is taken to his
15    county to the Supreme or Appellate Court when prosecuted or
16    defended by him, $100.
17        For each day actually employed in the trial of a case,
18    $50; in which case the court before whom the case is tried
19    shall make an order specifying the number of days for which
20    a per diem shall be allowed.
21        For each day actually employed in the trial of cases of
22    felony arising in their respective counties and taken by
23    change of venue to another county, $50; and the court
24    before whom the case is tried shall make an order
25    specifying the number of days for which said per diem shall
26    be allowed; and it is hereby made the duty of each State's

 

 

HB3064- 35 -LRB101 10107 LNS 55210 b

1    attorney to prepare and try each case of felony arising
2    when so taken by change of venue.
3        For assisting in a trial of each case on an indictment
4    for felony brought by change of venue to their respective
5    counties, the same fees they would be entitled to if such
6    indictment had been found for an offense committed in his
7    county, and it shall be the duty of the State's attorney of
8    the county to which such cause is taken by change of venue
9    to assist in the trial thereof.
10        For each case of forfeited recognizance where the
11    forfeiture is set aside at the instance of the defense, in
12    addition to the ordinary costs, $20 for each defendant.
13        For each proceeding in a circuit court to inquire into
14    the alleged mental illness of any person, $20 for each
15    defendant.
16        For each proceeding in a circuit court to inquire into
17    the alleged dependency or delinquency of any child, $20.
18        For each day actually employed in the hearing of a case
19    of habeas corpus in which the people are interested, $50.
20    All the foregoing fees shall be taxed as costs to be
21collected from the defendant, if possible, upon conviction. But
22in cases of inquiry into the mental illness of any person
23alleged to be mentally ill, in cases on a charge of paternity
24and in cases of appeal in the Supreme or Appellate Court, where
25judgment is in favor of the accused, the fees allowed the
26State's attorney therein shall be retained out of the fines and

 

 

HB3064- 36 -LRB101 10107 LNS 55210 b

1forfeitures collected by them in other cases.
2    Ten per cent of all moneys except revenue, collected by
3them and paid over to the authorities entitled thereto, which
4per cent together with the fees provided for herein that are
5not collected from the parties tried or examined, shall be paid
6out of any fines and forfeited recognizances collected by them,
7provided however, that in proceedings to foreclose the lien of
8delinquent real estate taxes State's attorneys shall receive a
9fee, to be credited to the earnings of their office, of 10% of
10the total amount realized from the sale of real estate sold in
11such proceedings. Such fees shall be paid from the total amount
12realized from the sale of the real estate sold in such
13proceedings.
14    State's attorneys shall have a lien for their fees on all
15judgments for fines or forfeitures procured by them and on
16moneys except revenue received by them until such fees and
17earnings are fully paid.
18    No fees shall be charged on more than 10 counts in any one
19indictment or information on trial and conviction; nor on more
20than 10 counts against any one defendant on pleas of guilty.
21    The Circuit Court may direct that of all monies received,
22by restitution or otherwise, which monies are ordered paid to
23the Department of Healthcare and Family Services (formerly
24Department of Public Aid) or the Department of Human Services
25(acting as successor to the Department of Public Aid under the
26Department of Human Services Act) as a direct result of the

 

 

HB3064- 37 -LRB101 10107 LNS 55210 b

1efforts of the State's attorney and which payments arise from
2Civil or Criminal prosecutions involving the Illinois Public
3Aid Code or the Criminal Code, the following amounts shall be
4paid quarterly by the Department of Healthcare and Family
5Services or the Department of Human Services to the General
6Corporate Fund of the County in which the prosecution or cause
7of action took place:
8        (1) where the monies result from child support
9    obligations, not less than 25% of the federal share of the
10    monies received,
11        (2) where the monies result from other than child
12    support obligations, not less than 25% of the State's share
13    of the monies received.
14    In addition to any other amounts to which State's Attorneys
15are entitled under this Section, State's Attorneys are entitled
16to $10 of the fine that is imposed under Section 5-9-1.17 of
17the Unified Code of Corrections, as set forth in that Section.
18    (b) A municipality shall be entitled to a $25 prosecution
19fee for each conviction for a violation of the Illinois Vehicle
20Code prosecuted by the municipal attorney pursuant to Section
2116-102 of that Code which is tried before a circuit or
22associate judge and shall be entitled to a $25 prosecution fee
23for each conviction for a violation of a municipal vehicle
24ordinance prosecuted by the municipal attorney which is tried
25before a circuit or associate judge. Such fee shall be taxed as
26costs to be collected from the defendant, if possible, upon

 

 

HB3064- 38 -LRB101 10107 LNS 55210 b

1conviction. A municipality shall have a lien for such
2prosecution fees on all judgments or fines procured by the
3municipal attorney from prosecutions for violations of the
4Illinois Vehicle Code and municipal vehicle ordinances.
5    For the purposes of this subsection (b), "municipal vehicle
6ordinance" means any ordinance enacted pursuant to Sections
711-40-1, 11-40-2, 11-40-2a, and 11-40-3 of the Illinois
8Municipal Code or any ordinance enacted by a municipality which
9is similar to a provision of Chapter 11 of the Illinois Vehicle
10Code.
11    (c) State's attorneys shall be entitled to a $2 fee to be
12paid by the defendant on a judgment of guilty or a grant of
13supervision for a violation of any provision of the Illinois
14Vehicle Code or any felony, misdemeanor, or petty offense to
15discharge the expenses of the State's Attorney's office for
16establishing and maintaining automated record keeping systems.
17The fee shall be remitted monthly to the county treasurer, to
18be deposited by him or her into a special fund designated as
19the State's Attorney Records Automation Fund. Expenditures
20from this fund may be made by the State's Attorney for
21hardware, software, research, and development costs and
22personnel related thereto.
23(Source: P.A. 100-201, eff. 8-18-17.)
 
24    (55 ILCS 5/5-1101)  (from Ch. 34, par. 5-1101)
25    Sec. 5-1101. Additional fees to finance court system. A

 

 

HB3064- 39 -LRB101 10107 LNS 55210 b

1county board may enact by ordinance or resolution the following
2fees:
3    (a) A $5 fee to be paid by the defendant on a judgment of
4guilty or a grant of supervision for violation of the Illinois
5Vehicle Code other than Section 11-501 or violations of similar
6provisions contained in county or municipal ordinances
7committed in the county, and up to a $30 fee to be paid by the
8defendant on a judgment of guilty or a grant of supervision for
9violation of Section 11-501 of the Illinois Vehicle Code or a
10violation of a similar provision contained in county or
11municipal ordinances committed in the county.
12    (b) In the case of a county having a population of
131,000,000 or less, a $5 fee to be collected in all civil cases
14by the clerk of the circuit court.
15    (c) A fee to be paid by the defendant on a judgment of
16guilty or a grant of supervision, as follows:
17        (1) for a felony, $50;
18        (2) for a class A misdemeanor, $25;
19        (3) for a class B or class C misdemeanor, $15;
20        (4) for a petty offense, $10;
21        (5) for a business offense, $10.
22    (d) A $100 fee for the second and subsequent violations of
23Section 11-501 of the Illinois Vehicle Code or violations of
24similar provisions contained in county or municipal ordinances
25committed in the county. The proceeds of this fee shall be
26placed in the county general fund and used to finance education

 

 

HB3064- 40 -LRB101 10107 LNS 55210 b

1programs related to driving under the influence of alcohol or
2drugs.
3    (d-5) A $10 fee to be paid by the defendant on a judgment
4of guilty or a grant of supervision under Section 5-9-1 of the
5Unified Code of Corrections to be placed in the county general
6fund and used to finance the county mental health court, the
7county drug court, the Veterans and Servicemembers Court, or
8any or all of the above.
9    (e) In each county in which a teen court, peer court, peer
10jury, youth court, or other youth diversion program has been
11created, a county may adopt a mandatory fee of up to $5 to be
12assessed as provided in this subsection. Assessments collected
13by the clerk of the circuit court pursuant to this subsection
14must be deposited into an account specifically for the
15operation and administration of a teen court, peer court, peer
16jury, youth court, or other youth diversion program. The clerk
17of the circuit court shall collect the fees established in this
18subsection and must remit the fees to the teen court, peer
19court, peer jury, youth court, or other youth diversion program
20monthly, less 5%, which is to be retained as fee income to the
21office of the clerk of the circuit court. The fees are to be
22paid as follows:
23        (1) a fee of up to $5 paid by the defendant on a
24    judgment of guilty or grant of supervision for violation of
25    the Illinois Vehicle Code or violations of similar
26    provisions contained in county or municipal ordinances

 

 

HB3064- 41 -LRB101 10107 LNS 55210 b

1    committed in the county;
2        (2) a fee of up to $5 paid by the defendant on a
3    judgment of guilty or grant of supervision under Section
4    5-9-1 of the Unified Code of Corrections for a felony; for
5    a Class A, Class B, or Class C misdemeanor; for a petty
6    offense; and for a business offense.
7    (f) In each county in which a drug court has been created,
8the county may adopt a mandatory fee of up to $5 to be assessed
9as provided in this subsection. Assessments collected by the
10clerk of the circuit court pursuant to this subsection must be
11deposited into an account specifically for the operation and
12administration of the drug court. The clerk of the circuit
13court shall collect the fees established in this subsection and
14must remit the fees to the drug court, less 5%, which is to be
15retained as fee income to the office of the clerk of the
16circuit court. The fees are to be paid as follows:
17        (1) a fee of up to $5 paid by the defendant on a
18    judgment of guilty or grant of supervision for a violation
19    of the Illinois Vehicle Code or a violation of a similar
20    provision contained in a county or municipal ordinance
21    committed in the county; or
22        (2) a fee of up to $5 paid by the defendant on a
23    judgment of guilty or a grant of supervision under Section
24    5-9-1 of the Unified Code of Corrections for a felony; for
25    a Class A, Class B, or Class C misdemeanor; for a petty
26    offense; and for a business offense.

 

 

HB3064- 42 -LRB101 10107 LNS 55210 b

1     The clerk of the circuit court shall deposit the 5%
2retained under this subsection into the Circuit Court Clerk
3Operation and Administrative Fund to be used to defray the
4costs of collection and disbursement of the drug court fee.
5    (f-5) In each county in which a Children's Advocacy Center
6provides services, the county board may adopt a mandatory fee
7of between $5 and $30 to be paid by the defendant on a judgment
8of guilty or a grant of supervision under Section 5-9-1 of the
9Unified Code of Corrections for a felony; for a Class A, Class
10B, or Class C misdemeanor; for a petty offense; and for a
11business offense. Assessments shall be collected by the clerk
12of the circuit court and must be deposited into an account
13specifically for the operation and administration of the
14Children's Advocacy Center. The clerk of the circuit court
15shall collect the fees as provided in this subsection, and must
16remit the fees to the Children's Advocacy Center.
17    (f-10) In each county in which the Court Appointed Special
18Advocates provide services, the county board may, in addition
19to any fine imposed under Section 5-9-1 of the Unified Code of
20Corrections, adopt a mandatory fee of between $10 and $30 to be
21paid by the defendant on a judgment of guilty or a grant of
22supervision for a felony; for a Class A, Class B, or Class C
23misdemeanor; for a petty offense; and for a business offense;
24where a court appearance is required. Assessments shall be
25collected by the clerk of the circuit court and must be
26deposited into an account specifically for the operations of

 

 

HB3064- 43 -LRB101 10107 LNS 55210 b

1the Court Appointed Special Advocates. The clerk of the circuit
2court shall collect the fees as provided in this subsection and
3must remit the fees to the Court Appointed Special Advocates
4Fund that the county board shall create for the receipt of
5funds collected under this subsection, and from which the
6county board shall make grants to support the activities and
7services of the Court Appointed Special Advocates within that
8county. The term "Court Appointed Special Advocates" is
9copyrighted and is used with permission of the holder of the
10copyright.
11    (g) The proceeds of all fees enacted under this Section
12must, except as provided in subsections (d), (d-5), (e), (f),
13and (f-10) be placed in the county general fund and used to
14finance the court system in the county, unless the fee is
15subject to disbursement by the circuit clerk as provided under
16Section 27.5 of the Clerks of Courts Act.
17(Source: P.A. 98-331, eff. 8-13-13.)
 
18    (55 ILCS 5/5-1101.5)
19    Sec. 5-1101.5. Metro East Police District. In addition to
20any fine imposed under Section 5-9-1 of the Unified Code of
21Corrections, St. Clair County may adopt a mandatory fine of
22$100 to be paid by the defendant on a judgment of guilty or a
23grant of supervision for a felony or a violation of Section
2411-501 of the Illinois Vehicle Code, when the offense was
25committed within the corporate limits of a municipality that is

 

 

HB3064- 44 -LRB101 10107 LNS 55210 b

1located within the Metro East Police District. The clerk of the
2circuit court shall collect the fines as provided in this
3subsection and must remit the fines to the Metro East Police
4District Fund created under Section 15 of the Metro East Police
5District Act. This Section is repealed on December 31, 2019.
6(Source: P.A. 97-971, eff. 1-1-13.)
 
7    (55 ILCS 5/5-1103)  (from Ch. 34, par. 5-1103)
8    Sec. 5-1103. Court services fee. A county board may enact
9by ordinance or resolution a court services fee dedicated to
10defraying court security expenses incurred by the sheriff in
11providing court services or for any other court services deemed
12necessary by the sheriff to provide for court security,
13including without limitation court services provided pursuant
14to Section 3-6023, as now or hereafter amended. Such fee shall
15be paid in civil cases by each party at the time of filing the
16first pleading, paper or other appearance; provided that no
17additional fee shall be required if more than one party is
18represented in a single pleading, paper or other appearance. In
19criminal, local ordinance, county ordinance, traffic and
20conservation cases, such fee shall be assessed against the
21defendant upon a plea of guilty, stipulation of facts or
22findings of guilty, resulting in a judgment of conviction, or
23order of supervision, or sentence of probation without entry of
24judgment pursuant to Section 10 of the Cannabis Control Act,
25Section 410 of the Illinois Controlled Substances Act, Section

 

 

HB3064- 45 -LRB101 10107 LNS 55210 b

170 of the Methamphetamine Control and Community Protection Act,
2Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of the
3Criminal Code of 1961 or the Criminal Code of 2012, Section
410-102 of the Illinois Alcoholism and Other Drug Dependency
5Act, Section 40-10 of the Substance Use Disorder Act, or
6Section 10 of the Steroid Control Act. In setting such fee, the
7county board may impose, with the concurrence of the Chief
8Judge of the judicial circuit in which the county is located by
9administrative order entered by the Chief Judge, differential
10rates for the various types or categories of criminal and civil
11cases, but the maximum rate shall not exceed $25, unless the
12fee is set according to an acceptable cost study in accordance
13with Section 4-5001 of the Counties Code. All proceeds from
14this fee must be used to defray court security expenses
15incurred by the sheriff in providing court services. No fee
16shall be imposed or collected, however, in traffic,
17conservation, and ordinance cases in which fines are paid
18without a court appearance. The fees shall be collected in the
19manner in which all other court fees or costs are collected and
20shall be deposited into the county general fund for payment
21solely of costs incurred by the sheriff in providing court
22security or for any other court services deemed necessary by
23the sheriff to provide for court security.
24(Source: P.A. 99-265, eff. 1-1-16; 100-759, eff. 1-1-19.)
 
25    Section 70. The Illinois Vehicle Code is amended by

 

 

HB3064- 46 -LRB101 10107 LNS 55210 b

1changing Sections 2-120, 11-501.01, 11-605, 11-605.1,
211-605.3, 11-1002.5, 15-113, and 16-105 as follows:
 
3    (625 ILCS 5/2-120)  (from Ch. 95 1/2, par. 2-120)
4    Sec. 2-120. Disposition of fines and forfeitures.
5    (a) Fines Except as provided in subsection (f) of Section
611-605 and subsection (c) of Section 11-1002.5 of this Code,
7fines and penalties recovered under the provisions of this Act
8administered by the Secretary of State, except those fines,
9assessments, and penalties subject to disbursement by the
10circuit clerk under the Criminal and Traffic Assessment Act
11Section 27.5 of the Clerks of Courts Act, shall be paid over
12and used as follows:
13        1. For violations of this Act committed within the
14    limits of an incorporated city or village, to the treasurer
15    of the particular city or village, if arrested by the
16    authorities of the city or village and reasonably
17    prosecuted for all fines and penalties under this Act by
18    the police officers and officials of the city or village.
19        2. For violations of this Act committed outside the
20    limits of an incorporated city or village to the county
21    treasurer of the court where the offense was committed.
22        3. For the purposes of this Act an offense for
23    violation of any provision of this Act not committed upon
24    the highway shall be deemed to be committed where the
25    violator resides or where he has a place of business

 

 

HB3064- 47 -LRB101 10107 LNS 55210 b

1    requiring some registration, permit or license to operate
2    such business under this Act.
3    (b) Failure, refusal or neglect on the part of any judicial
4or other officer or employee receiving or having custody of any
5such fine or forfeiture either before or after a deposit with
6the proper official as defined in paragraph (a) of this
7Section, shall constitute misconduct in office and shall be
8grounds for removal therefrom.
9(Source: P.A. 95-302, eff. 1-1-08.)
 
10    (625 ILCS 5/11-501.01)
11    Sec. 11-501.01. Additional administrative sanctions.
12    (a) After a finding of guilt and prior to any final
13sentencing or an order for supervision, for an offense based
14upon an arrest for a violation of Section 11-501 or a similar
15provision of a local ordinance, individuals shall be required
16to undergo a professional evaluation to determine if an
17alcohol, drug, or intoxicating compound abuse problem exists
18and the extent of the problem, and undergo the imposition of
19treatment as appropriate. Programs conducting these
20evaluations shall be licensed by the Department of Human
21Services. The cost of any professional evaluation shall be paid
22for by the individual required to undergo the professional
23evaluation.
24    (b) Any person who is found guilty of or pleads guilty to
25violating Section 11-501, including any person receiving a

 

 

HB3064- 48 -LRB101 10107 LNS 55210 b

1disposition of court supervision for violating that Section,
2may be required by the Court to attend a victim impact panel
3offered by, or under contract with, a county State's Attorney's
4office, a probation and court services department, Mothers
5Against Drunk Driving, or the Alliance Against Intoxicated
6Motorists. All costs generated by the victim impact panel shall
7be paid from fees collected from the offender or as may be
8determined by the court.
9    (c)(Blank). Every person found guilty of violating Section
1011-501, whose operation of a motor vehicle while in violation
11of that Section proximately caused any incident resulting in an
12appropriate emergency response, shall be liable for the expense
13of an emergency response as provided in subsection (i) of this
14Section.
15    (d) The Secretary of State shall revoke the driving
16privileges of any person convicted under Section 11-501 or a
17similar provision of a local ordinance.
18    (e) The Secretary of State shall require the use of
19ignition interlock devices for a period not less than 5 years
20on all vehicles owned by a person who has been convicted of a
21second or subsequent offense of Section 11-501 or a similar
22provision of a local ordinance. The person must pay to the
23Secretary of State DUI Administration Fund an amount not to
24exceed $30 for each month that he or she uses the device. The
25Secretary shall establish by rule and regulation the procedures
26for certification and use of the interlock system, the amount

 

 

HB3064- 49 -LRB101 10107 LNS 55210 b

1of the fee, and the procedures, terms, and conditions relating
2to these fees. During the time period in which a person is
3required to install an ignition interlock device under this
4subsection (e), that person shall only operate vehicles in
5which ignition interlock devices have been installed, except as
6allowed by subdivision (c)(5) or (d)(5) of Section 6-205 of
7this Code.
8    (f)(Blank). In addition to any other penalties and
9liabilities, a person who is found guilty of or pleads guilty
10to violating Section 11-501, including any person placed on
11court supervision for violating Section 11-501, shall be
12assessed $750, payable to the circuit clerk, who shall
13distribute the money as follows: $350 to the law enforcement
14agency that made the arrest, and $400 shall be forwarded to the
15State Treasurer for deposit into the General Revenue Fund. If
16the person has been previously convicted of violating Section
1711-501 or a similar provision of a local ordinance, the fine
18shall be $1,000, and the circuit clerk shall distribute $200 to
19the law enforcement agency that made the arrest and $800 to the
20State Treasurer for deposit into the General Revenue Fund. In
21the event that more than one agency is responsible for the
22arrest, the amount payable to law enforcement agencies shall be
23shared equally. Any moneys received by a law enforcement agency
24under this subsection (f) shall be used for enforcement and
25prevention of driving while under the influence of alcohol,
26other drug or drugs, intoxicating compound or compounds or any

 

 

HB3064- 50 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 51 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 52 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 53 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 54 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 55 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 56 -LRB101 10107 LNS 55210 b

1shall be paid to the high school district for school safety
2purposes. Notwithstanding any other provision of law, the
3entire $50 surcharge shall be paid to the appropriate school
4district or districts.
5    For purposes of this subsection (f), "school safety
6purposes" includes the costs associated with school zone safety
7education, the Safe Routes to School Program under Section
82705-317 of the Department of Transportation Law of the Civil
9Administrative Code of Illinois, safety programs within the
10School Safety and Educational Improvement Block Grant Program
11under Section 2-3.51.5 of the School Code, and the purchase,
12installation, and maintenance of caution lights which are
13mounted on school speed zone signs.
14    (g) (Blank).
15    (h) (Blank).
16(Source: P.A. 99-212, eff. 1-1-16.)
 
17    (625 ILCS 5/11-605.1)
18    Sec. 11-605.1. Special limit while traveling through a
19highway construction or maintenance speed zone.
20    (a) A person may not operate a motor vehicle in a
21construction or maintenance speed zone at a speed in excess of
22the posted speed limit when workers are present.
23    (a-5) A person may not operate a motor vehicle in a
24construction or maintenance speed zone at a speed in excess of
25the posted speed limit when workers are not present.

 

 

HB3064- 57 -LRB101 10107 LNS 55210 b

1    (b) Nothing in this Chapter prohibits the use of electronic
2speed-detecting devices within 500 feet of signs within a
3construction or maintenance speed zone indicating the zone, as
4defined in this Section, nor shall evidence obtained by use of
5those devices be inadmissible in any prosecution for speeding,
6provided the use of the device shall apply only to the
7enforcement of the speed limit in the construction or
8maintenance speed zone.
9    (c) As used in this Section, a "construction or maintenance
10speed zone" is an area in which the Department, Toll Highway
11Authority, or local agency has posted signage advising drivers
12that a construction or maintenance speed zone is being
13approached, or in which the Department, Authority, or local
14agency has posted a lower speed limit with a highway
15construction or maintenance speed zone special speed limit sign
16after determining that the preexisting established speed limit
17through a highway construction or maintenance project is
18greater than is reasonable or safe with respect to the
19conditions expected to exist in the construction or maintenance
20speed zone.
21    If it is determined that the preexisting established speed
22limit is safe with respect to the conditions expected to exist
23in the construction or maintenance speed zone, additional speed
24limit signs which conform to the requirements of this
25subsection (c) shall be posted.
26    Highway construction or maintenance speed zone special

 

 

HB3064- 58 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 59 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 60 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 61 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 62 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 63 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 64 -LRB101 10107 LNS 55210 b

1danger.
2    For the purpose of this Section, a school day shall begin
3at seven ante meridian and shall conclude at four post
4meridian.
5    This Section shall not be applicable unless appropriate
6signs are posted in accordance with Section 11-605.
7    (b) A first violation of this Section is a petty offense
8with a minimum fine of $150. A second or subsequent violation
9of this Section is a petty offense with a minimum fine of $300.
10    (c) (Blank). When a fine for a violation of subsection (a)
11is $150 or greater, the person who violates subsection (a)
12shall be charged an additional $50 to be paid to the unit
13school district where the violation occurred for school safety
14purposes. If the violation occurred in a dual school district,
15$25 of the surcharge shall be paid to the elementary school
16district for school safety purposes and $25 of the surcharge
17shall be paid to the high school district for school safety
18purposes. Notwithstanding any other provision of law, the
19entire $50 surcharge shall be paid to the appropriate school
20district or districts.
21    For purposes of this subsection (c), "school safety
22purposes" has the meaning ascribed to that term in Section
2311-605.
24(Source: P.A. 95-302, eff. 1-1-08; 96-1165, eff. 7-22-10.)
 
25    (625 ILCS 5/15-113)  (from Ch. 95 1/2, par. 15-113)

 

 

HB3064- 65 -LRB101 10107 LNS 55210 b

1    Sec. 15-113. Violations; Penalties.
2    (a) Whenever any vehicle is operated in violation of the
3provisions of Section 15-111 or subsection (d) of Section
43-401, the owner or driver of such vehicle shall be deemed
5guilty of such violation and either the owner or the driver of
6such vehicle may be prosecuted for such violation. Any person
7charged with a violation of any of these provisions who pleads
8not guilty shall be present in court for the trial on the
9charge. Any person, firm or corporation convicted of any
10violation of Section 15-111 including, but not limited to, a
11maximum axle or gross limit specified on a regulatory sign
12posted in accordance with paragraph (e) or (f) of Section
1315-111, shall be fined according to the following schedule:
 
14Up to and including 2000 pounds overweight, the fine is $100
 
15From 2001 through 2500 pounds overweight, the fine is $270
 
16From 2501 through 3000 pounds overweight, the fine is $330
 
17From 3001 through 3500 pounds overweight, the fine is $520
 
18From 3501 through 4000 pounds overweight, the fine is $600
 
19From 4001 through 4500 pounds overweight, the fine is $850
 

 

 

HB3064- 66 -LRB101 10107 LNS 55210 b

1From 4501 through 5000 pounds overweight, the fine is $950
 
2From 5001 or more pounds overweight, the fine shall be computed
3by assessing $1500 for the first 5000 pounds overweight and
4$150 for each additional increment of 500 pounds overweight or
5fraction thereof.
 
6    In addition any person, firm or corporation convicted of 4
7or more violations of Section 15-111 within any 12 month period
8shall be fined an additional amount of $5,000 for the fourth
9and each subsequent conviction within the 12 month period.
10Provided, however, that with regard to a firm or corporation, a
11fourth or subsequent conviction shall mean a fourth or
12subsequent conviction attributable to any one employee-driver.
13    (b) Whenever any vehicle is operated in violation of the
14provisions of Sections 15-102, 15-103 or 15-107, the owner or
15driver of such vehicle shall be deemed guilty of such violation
16and either may be prosecuted for such violation. Any person,
17firm or corporation convicted of any violation of Sections
1815-102, 15-103 or 15-107 shall be fined for the first or second
19conviction an amount equal to not less than $50 nor more than
20$500, and for the third and subsequent convictions by the same
21person, firm or corporation within a period of one year after
22the date of the first offense, not less than $500 nor more than
23$1,000.
24    (c) All proceeds equal to 50% of the additional fines

 

 

HB3064- 67 -LRB101 10107 LNS 55210 b

1imposed under subsection (a) of this Section by this amendatory
2Act of the 96th General Assembly shall be remitted to the State
3Treasurer and deposited into the Capital Projects Fund.
4(Source: P.A. 96-34, eff. 1-1-10; 96-1000, eff. 7-2-10; 97-201,
5eff. 1-1-12.)
 
6    (625 ILCS 5/16-105)  (from Ch. 95 1/2, par. 16-105)
7    Sec. 16-105. Disposition of fines and forfeitures.
8    (a) Except as provided in Section 15-113 and Section
916-104a of this Act and except for those amounts required to be
10paid into the Traffic and Criminal Conviction Surcharge Fund in
11the State Treasury pursuant to Section 9.1 of the Illinois
12Police Training Act and Section 5-9-1 of the Unified Code of
13Corrections and except those amounts subject to disbursement by
14the circuit clerk under the Criminal and Traffic Assessment Act
15Section 27.5 of the Clerks of Courts Act, fines and penalties
16recovered under the provisions of Chapters 3 11 through 17 and
1718b 16 inclusive of this Code shall be paid and used as
18follows:
19        1. For offenses committed upon a highway within the
20    limits of a city, village, or incorporated town or under
21    the jurisdiction of any park district, to the treasurer of
22    the particular city, village, incorporated town or park
23    district, if the violator was arrested by the authorities
24    of the city, village, incorporated town or park district,
25    provided the police officers and officials of cities,

 

 

HB3064- 68 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 69 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 70 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 71 -LRB101 10107 LNS 55210 b

1    a fee of his office.
2    (b) Failure, refusal or neglect on the part of any judicial
3or other officer or employee receiving or having custody of any
4such fine or forfeiture either before or after a deposit with
5the proper official as defined in paragraph (a) of this
6Section, shall constitute misconduct in office and shall be
7grounds for removal therefrom.
8(Source: P.A. 96-34, eff. 1-1-10.)
 
9    Section 75. The Illinois Vehicle Code is amended by
10reenacting Sections 16-104a, 16-104b, 16-104c, 16-104d, and
1116-104d-1 as follows:
 
12    (625 ILCS 5/16-104a)  (from Ch. 95 1/2, par. 16-104a)
13    Sec. 16-104a. Additional penalty for certain violations.
14    (a) There is added to every fine imposed upon conviction of
15an offense reportable to the Secretary of State under the
16provisions of subdivision (a)(2) of Section 6-204 of this Act
17an additional penalty of $4 for each $40, or fraction thereof,
18of fine imposed. Each such additional penalty received shall be
19remitted within one month to the State Treasurer to be
20deposited into the Drivers Education Fund, unless the
21additional penalty is subject to disbursement by the circuit
22clerk under Section 27.5 of the Clerks of Courts Act. Such
23additional amounts shall be assessed by the court and shall be
24collected by the Clerk of the Circuit Court in addition to the

 

 

HB3064- 72 -LRB101 10107 LNS 55210 b

1fine and costs in the case. Such additional penalty shall not
2be considered a part of the fine for purposes of any reduction
3made in the fine for time served either before or after
4sentencing. Not later than March 1 of each year the Clerk of
5the Circuit Court shall submit to the State Comptroller a
6report of the amount of funds remitted by him to the State
7Treasurer under this Section during the preceding calendar
8year. Except as otherwise provided by Supreme Court Rules, if a
9court in sentencing an offender levies a gross amount for fine,
10costs, fees and penalties, the amount of the additional penalty
11provided for herein shall be computed on the amount remaining
12after deducting from the gross amount levied all fees of the
13Circuit Clerk, the State's Attorney and the Sheriff. After
14deducting from the gross amount levied the fees and additional
15penalty provided for herein, less any other additional
16penalties provided by law, the clerk shall remit the net
17balance remaining to the entity authorized by law to receive
18the fine imposed in the case. For purposes of this Section
19"fees of the Circuit Clerk" shall include, if applicable, the
20fee provided for under Section 27.3a of the Clerks of Courts
21Act and the fee, if applicable, payable to the county in which
22the violation occurred pursuant to Section 5-1101 of the
23Counties Code.
24    When bail is forfeited for failure to appear in connection
25with an offense reportable to the Secretary of State under
26subdivision (a)(2) of Section 6-204 of this Act, and no fine is

 

 

HB3064- 73 -LRB101 10107 LNS 55210 b

1imposed ex parte, $4 of every $40 cash deposit, or fraction
2thereof, given to secure appearance shall be remitted within
3one month to the State Treasurer to be deposited into the
4Drivers Education Fund, unless the bail is subject to
5disbursement by the circuit clerk under Section 27.5 of the
6Clerks of Courts Act.
7    (b) In addition to any other fine or penalty required by
8law for a person convicted of a violation of Section 11-503 or
911-601.5 of this Code or a similar provision of a local
10ordinance, the court may, in its discretion, require the person
11to pay an additional criminal penalty that shall be distributed
12in its entirety to a public agency that provided an emergency
13response related to the person's violation. The criminal
14penalty may not exceed $100 per public agency for each
15emergency response provided for a first violation of Section
1611-503 or 11-601.5 of this Code or a similar provision of a
17local ordinance. The criminal penalty may not exceed $500 per
18public agency for each emergency response provided for a second
19or subsequent violation of Section 11-503 or 11-601.5 of this
20Code or a similar provision of a local ordinance. As used in
21this subsection, "emergency response" means any incident
22requiring a response by a police officer, an ambulance, a
23firefighter carried on the rolls of a regularly constituted
24fire department or fire protection district, a firefighter of a
25volunteer fire department, or a member if a recognized
26not-for-profit rescue or emergency medical service provider.

 

 

HB3064- 74 -LRB101 10107 LNS 55210 b

1With respect to funds designated for the Department of State
2Police, the moneys shall be remitted by the circuit court clerk
3to the State Police within one month after receipt for deposit
4into the State Police Operations Assistance Fund. With respect
5to funds designated for the Department of Natural Resources,
6the Department of Natural Resources shall deposit the moneys
7into the Conservation Police Operations Assistance Fund.
8(Source: P.A. 96-1173, eff. 7-22-10; 97-931, eff. 1-1-13.)
 
9    (625 ILCS 5/16-104b)
10    Sec. 16-104b. Amounts for Trauma Center Fund. In counties
11that have elected not to distribute moneys under the
12disbursement formulas in Sections 27.5 and 27.6 of the Clerks
13of Courts Act, the Circuit Clerk of the County, when collecting
14fees, fines, costs, additional penalties, bail balances
15assessed or forfeited, and any other amount imposed upon a
16conviction of or an order of supervision for a violation of
17laws or ordinances regulating the movement of traffic that
18amounts to $55 or more, shall remit $5 of the total amount
19collected, less 2 1/2% of the $5 to help defray the
20administrative costs incurred by the Clerk, except that upon a
21conviction or order of supervision for driving under the
22influence of alcohol or drugs the Clerk shall remit $105 of the
23total amount collected ($5 for a traffic violation that amounts
24to $55 or more and an additional fee of $100 to be collected by
25the Circuit Clerk for a conviction or order of supervision for

 

 

HB3064- 75 -LRB101 10107 LNS 55210 b

1driving under the influence of alcohol or drugs), less the 2
21/2%, within 60 days to the State Treasurer to be deposited
3into the Trauma Center Fund. Of the amounts deposited into the
4Trauma Center Fund under this Section, 50% shall be disbursed
5to the Department of Public Health and 50% shall be disbursed
6to the Department of Healthcare and Family Services. Not later
7than March 1 of each year the Circuit Clerk shall submit a
8report of the amount of funds remitted to the State Treasurer
9under this Section during the preceding calendar year.
10(Source: P.A. 95-331, eff. 8-21-07.)
 
11    (625 ILCS 5/16-104c)
12    Sec. 16-104c. Court supervision fees.
13    (a) Any person who receives a disposition of court
14supervision for a violation of any provision of this Code or a
15similar provision of a local ordinance shall pay an additional
16fee of $29, which shall be disbursed as follows:
17        (1) if an officer of the Department of State Police
18    arrested the person for the violation, $20 of the $29 fee
19    shall be deposited into the State Police Vehicle Fund in
20    the State treasury; or
21        (2) if an officer of any law enforcement agency in the
22    State other than the Department of State Police arrested
23    the person for the violation, $20 of the $29 fee shall be
24    paid to the law enforcement agency that employed the
25    arresting officer and shall be used for the acquisition or

 

 

HB3064- 76 -LRB101 10107 LNS 55210 b

1    maintenance of police vehicles; and
2        (3) $9 of the $29 fee shall be deposited into the
3    Drivers Education Fund.
4    (b) In addition to the fee provided for in subsection (a),
5a person who receives a disposition of court supervision for
6any violation of this Code or a similar provision of a local
7ordinance shall also pay an additional fee of $6, if not waived
8by the court. Of this $6 fee, $5.50 shall be deposited into the
9Circuit Court Clerk Operation and Administrative Fund created
10by the Clerk of the Circuit Court and 50 cents shall be
11deposited into the Prisoner Review Board Vehicle and Equipment
12Fund in the State treasury.
13    (c) The Prisoner Review Board Vehicle and Equipment Fund is
14created as a special fund in the State treasury. The Prisoner
15Review Board shall, subject to appropriation by the General
16Assembly and approval by the Secretary, use all moneys in the
17Prisoner Review Board Vehicle and Equipment Fund for the
18purchase and operation of vehicles and equipment.
19(Source: P.A. 95-428, eff. 8-24-07; 96-625, eff. 1-1-10.)
 
20    (625 ILCS 5/16-104d)
21    Sec. 16-104d. Additional fee; serious traffic violation.
22Any person who is convicted of, pleads guilty to, or is placed
23on supervision for a serious traffic violation, as defined in
24Section 1-187.001 of this Code, a violation of Section 11-501
25of this Code, or a violation of a similar provision of a local

 

 

HB3064- 77 -LRB101 10107 LNS 55210 b

1ordinance shall pay an additional fee of $35. Of that fee, $15
2shall be deposited into the Fire Prevention Fund in the State
3treasury, $14 shall be deposited into the Fire Truck Revolving
4Loan Fund in the State treasury, $1 shall be deposited into the
5George Bailey Memorial Fund in the State treasury, and $5 shall
6be deposited into the Circuit Court Clerk Operation and
7Administrative Fund created by the Clerk of the Circuit Court.
8    This Section becomes inoperative on January 1, 2017.
9(Source: P.A. 98-658, eff. 6-23-14; 99-455, eff. 1-1-16.)
 
10    (625 ILCS 5/16-104d-1)
11    Sec. 16-104d-1. Additional fee. Beginning on January 1,
122017, any person who is convicted of, pleads guilty to, or is
13placed on supervision for a serious traffic violation, as
14defined in Section 1-187.001 of this Code, a violation of
15Section 11-501 of this Code, or a violation of a similar
16provision of a local ordinance shall pay an additional fee of
17$35. Of that fee, $15 shall be deposited into the Fire
18Prevention Fund in the State treasury, $15 shall be deposited
19into the Fire Truck Revolving Loan Fund in the State treasury,
20and $5 shall be deposited into the Circuit Court Clerk
21Operation and Administrative Fund.
22    This Section becomes inoperative on January 1, 2020.
23(Source: P.A. 99-455, eff. 1-1-16.)
 
24    Section 80. The Access to Justice Act is amended by

 

 

HB3064- 78 -LRB101 10107 LNS 55210 b

1changing Section 15 as follows:
 
2    (705 ILCS 95/15)
3    Sec. 15. Access to Justice Fund.
4    (a) The Access to Justice Fund is created as a special fund
5in the State treasury. The Fund shall consist of fees collected
6under Section 27.3g of the Clerks of Courts Act. Moneys in the
7Access to Justice Fund shall be appropriated to the Attorney
8General for disbursements to the Foundation. The Foundation
9shall use the moneys to make grants and distributions for the
10administration of the pilot programs created under this Act.
11Grants or distributions made under this Act to the Foundation
12are subject to the requirements of the Illinois Grant Funds
13Recovery Act.
14    (b) In accordance with the requirements of the Illinois
15Equal Justice Act, the Foundation may make grants, enter into
16contracts, and take other actions recommended by the Council to
17effectuate the pilot programs and comply with the other
18requirements of this Act.
19    (c) The governing board of the Foundation must prepare and
20submit an annual report to the Governor, the President of the
21Senate, the Minority Leader of the Senate, the Speaker of the
22House of Representatives, the Minority Leader of the House of
23Representatives, and the Justices of the Illinois Supreme
24Court. The report must include: (i) a statement of the total
25receipts and a breakdown by source during each of the previous

 

 

HB3064- 79 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 80 -LRB101 10107 LNS 55210 b

1Illinois.
2    (f) The Foundation may make, enter into, and execute
3contracts, agreements, leases, and other instruments with any
4person, including without limitation any federal, State, or
5local governmental agency, and may take other actions that may
6be necessary or convenient to accomplish any purpose authorized
7by this Act.
8    (g) The Foundation has the authority to receive and accept
9any and all grants, loans, subsidies, matching funds,
10reimbursements, federal grant moneys, fees for services, and
11other things of value from the federal or State government or
12any agency of any other state or from any institution, person,
13firm, or corporation, public or private, to be used to carry
14out the purposes of this Act.
15(Source: P.A. 98-351, eff. 8-15-13; 99-281, eff. 8-5-15.)
 
16    (705 ILCS 105/27.1b rep.)  (as added by Public Act 100-987)
17    (705 ILCS 105/27.3b-1 rep.)  (as added by Public Act
18      100-987)
19    Section 85. The Clerks of Courts Act is amended by
20repealing Sections 27.1b, as added by Public Act 100-987, and
2127.3b-1, as added by Public Act 100-987.
 
22    Section 90. The Clerks of Courts Act is amended by changing
23Sections 27.2b and 27.3 as follows:
 

 

 

HB3064- 81 -LRB101 10107 LNS 55210 b

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
26Department at the same time, priority of collection shall be as

 

 

HB3064- 82 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 83 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 84 -LRB101 10107 LNS 55210 b

1    (e) (Blank).
2    (f) No county board may reduce or otherwise impair the
3compensation payable from county funds to a Clerk of the
4Circuit Court if the reduction or impairment is the result of
5the Clerk of the Circuit Court receiving an award or stipend
6payable from State funds.
7(Source: P.A. 98-24, eff. 6-19-13.)
 
8    Section 95. The Clerks of Courts Act is amended by
9reenacting Sections 27.1a, 27.2, 27.2a, 27.3a, 27.3c, 27.3e,
1027.3g, 27.4, 27.5, 27.6, and 27.7 as follows:
 
11    (705 ILCS 105/27.1a)  (from Ch. 25, par. 27.1a)
12    Sec. 27.1a. The fees of the clerks of the circuit court in
13all counties having a population of not more than 500,000
14inhabitants in the instances described in this Section shall be
15as provided in this Section. In those instances where a minimum
16and maximum fee is stated, the clerk of the circuit court must
17charge the minimum fee listed and may charge up to the maximum
18fee if the county board has by resolution increased the fee.
19The fees shall be paid in advance and shall be as follows:
20(a) Civil Cases.
21        With the following exceptions, the fee for filing a
22    complaint, petition, or other pleading initiating a civil
23    action shall be a minimum of $40 and shall be a maximum of
24    $160 through December 31, 2021 and a maximum of $154 on and

 

 

HB3064- 85 -LRB101 10107 LNS 55210 b

1    after January 1, 2022.
2            (A) When the amount of money or damages or the
3        value of personal property claimed does not exceed
4        $250, $10.
5            (B) When that amount exceeds $250 but does not
6        exceed $500, a minimum of $10 and a maximum of $20.
7            (C) When that amount exceeds $500 but does not
8        exceed $2500, a minimum of $25 and a maximum of $40.
9            (D) When that amount exceeds $2500 but does not
10        exceed $15,000, a minimum of $25 and a maximum of $75.
11            (E) For the exercise of eminent domain, a minimum
12        of $45 and a maximum of $150. For each additional lot
13        or tract of land or right or interest therein subject
14        to be condemned, the damages in respect to which shall
15        require separate assessment by a jury, a minimum of $45
16        and a maximum of $150.
17(a-1) Family.
18        For filing a petition under the Juvenile Court Act of
19    1987, $25.
20        For filing a petition for a marriage license, $10.
21        For performing a marriage in court, $10.
22        For filing a petition under the Illinois Parentage Act
23    of 2015, $40.
24(b) Eviction.
25        In each eviction case when the plaintiff seeks eviction
26    only or unites with his or her claim for eviction a claim

 

 

HB3064- 86 -LRB101 10107 LNS 55210 b

1    for rent or damages or both in the amount of $15,000 or
2    less, a minimum of $10 and a maximum of $50. When the
3    plaintiff unites his or her claim for eviction with a claim
4    for rent or damages or both exceeding $15,000, a minimum of
5    $40 and a maximum of $160.
6(c) Counterclaim or Joining Third Party Defendant.
7        When any defendant files a counterclaim as part of his
8    or her answer or otherwise or joins another party as a
9    third party defendant, or both, the defendant shall pay a
10    fee for each counterclaim or third party action in an
11    amount equal to the fee he or she would have had to pay had
12    he or she brought a separate action for the relief sought
13    in the counterclaim or against the third party defendant,
14    less the amount of the appearance fee, if that has been
15    paid.
16(d) Confession of Judgment.
17        In a confession of judgment when the amount does not
18    exceed $1500, a minimum of $20 and a maximum of $50. When
19    the amount exceeds $1500, but does not exceed $15,000, a
20    minimum of $40 and a maximum of $115. When the amount
21    exceeds $15,000, a minimum of $40 and a maximum of $200.
22(e) Appearance.
23        The fee for filing an appearance in each civil case
24    shall be a minimum of $15 and a maximum of $60, except as
25    follows:
26            (A) When the plaintiff in an eviction case seeks

 

 

HB3064- 87 -LRB101 10107 LNS 55210 b

1        eviction only, a minimum of $10 and a maximum of $50.
2            (B) When the amount in the case does not exceed
3        $1500, a minimum of $10 and a maximum of $30.
4            (C) When that amount exceeds $1500 but does not
5        exceed $15,000, a minimum of $15 and a maximum of $60.
6(f) Garnishment, Wage Deduction, and Citation.
7        In garnishment affidavit, wage deduction affidavit,
8    and citation petition when the amount does not exceed
9    $1,000, a minimum of $5 and a maximum of $15; when the
10    amount exceeds $1,000 but does not exceed $5,000, a minimum
11    of $5 and a maximum of $30; and when the amount exceeds
12    $5,000, a minimum of $5 and a maximum of $50.
13(g) Petition to Vacate or Modify.
14        (1) Petition to vacate or modify any final judgment or
15    order of court, except in eviction cases and small claims
16    cases or a petition to reopen an estate, to modify,
17    terminate, or enforce a judgment or order for child or
18    spousal support, or to modify, suspend, or terminate an
19    order for withholding, if filed before 30 days after the
20    entry of the judgment or order, a minimum of $20 and a
21    maximum of $50.
22        (2) Petition to vacate or modify any final judgment or
23    order of court, except a petition to modify, terminate, or
24    enforce a judgment or order for child or spousal support or
25    to modify, suspend, or terminate an order for withholding,
26    if filed later than 30 days after the entry of the judgment

 

 

HB3064- 88 -LRB101 10107 LNS 55210 b

1    or order, a minimum of $20 and a maximum of $75.
2        (3) Petition to vacate order of bond forfeiture, a
3    minimum of $10 and a maximum of $40.
4(h) Mailing.
5        When the clerk is required to mail, the fee will be a
6    minimum of $2 and a maximum of $10, plus the cost of
7    postage.
8(i) Certified Copies.
9        Each certified copy of a judgment after the first,
10    except in small claims and eviction cases, a minimum of $2
11    and a maximum of $10.
12(j) Habeas Corpus.
13        For filing a petition for relief by habeas corpus, a
14    minimum of $60 and a maximum of $100.
15(k) Certification, Authentication, and Reproduction.
16        (1) Each certification or authentication for taking
17    the acknowledgment of a deed or other instrument in writing
18    with the seal of office, a minimum of $2 and a maximum of
19    $6.
20        (2) Court appeals when original documents are
21    forwarded, under 100 pages, plus delivery and costs, a
22    minimum of $20 and a maximum of $60.
23        (3) Court appeals when original documents are
24    forwarded, over 100 pages, plus delivery and costs, a
25    minimum of $50 and a maximum of $150.
26        (4) Court appeals when original documents are

 

 

HB3064- 89 -LRB101 10107 LNS 55210 b

1    forwarded, over 200 pages, an additional fee of a minimum
2    of 20 cents and a maximum of 25 cents per page.
3        (5) For reproduction of any document contained in the
4    clerk's files:
5            (A) First page, a minimum of $1 and a maximum of
6        $2.
7            (B) Next 19 pages, 50 cents per page.
8            (C) All remaining pages, 25 cents per page.
9(l) Remands.
10        In any cases remanded to the Circuit Court from the
11    Supreme Court or the Appellate Court for a new trial, the
12    clerk shall file the remanding order and reinstate the case
13    with either its original number or a new number. The Clerk
14    shall not charge any new or additional fee for the
15    reinstatement. Upon reinstatement the Clerk shall advise
16    the parties of the reinstatement. A party shall have the
17    same right to a jury trial on remand and reinstatement as
18    he or she had before the appeal, and no additional or new
19    fee or charge shall be made for a jury trial after remand.
20(m) Record Search.
21        For each record search, within a division or municipal
22    district, the clerk shall be entitled to a search fee of a
23    minimum of $4 and a maximum of $6 for each year searched.
24(n) Hard Copy.
25        For each page of hard copy print output, when case
26    records are maintained on an automated medium, the clerk

 

 

HB3064- 90 -LRB101 10107 LNS 55210 b

1    shall be entitled to a fee of a minimum of $4 and a maximum
2    of $6.
3(o) Index Inquiry and Other Records.
4        No fee shall be charged for a single
5    plaintiff/defendant index inquiry or single case record
6    inquiry when this request is made in person and the records
7    are maintained in a current automated medium, and when no
8    hard copy print output is requested. The fees to be charged
9    for management records, multiple case records, and
10    multiple journal records may be specified by the Chief
11    Judge pursuant to the guidelines for access and
12    dissemination of information approved by the Supreme
13    Court.
14(p) (Blank).
15(q) Alias Summons.
16        For each alias summons or citation issued by the clerk,
17    a minimum of $2 and a maximum of $5.
18(r) Other Fees.
19        Any fees not covered in this Section shall be set by
20    rule or administrative order of the Circuit Court with the
21    approval of the Administrative Office of the Illinois
22    Courts.
23        The clerk of the circuit court may provide additional
24    services for which there is no fee specified by statute in
25    connection with the operation of the clerk's office as may
26    be requested by the public and agreed to by the clerk and

 

 

HB3064- 91 -LRB101 10107 LNS 55210 b

1    approved by the chief judge of the circuit court. Any
2    charges for additional services shall be as agreed to
3    between the clerk and the party making the request and
4    approved by the chief judge of the circuit court. Nothing
5    in this subsection shall be construed to require any clerk
6    to provide any service not otherwise required by law.
7(s) Jury Services.
8        The clerk shall be entitled to receive, in addition to
9    other fees allowed by law, the sum of a minimum of $62.50
10    and a maximum of $212.50, as a fee for the services of a
11    jury in every civil action not quasi-criminal in its nature
12    and not a proceeding for the exercise of the right of
13    eminent domain and in every other action wherein the right
14    of trial by jury is or may be given by law. The jury fee
15    shall be paid by the party demanding a jury at the time of
16    filing the jury demand. If the fee is not paid by either
17    party, no jury shall be called in the action or proceeding,
18    and the same shall be tried by the court without a jury.
19(t) Voluntary Assignment.
20        For filing each deed of voluntary assignment, a minimum
21    of $10 and a maximum of $20; for recording the same, a
22    minimum of 25 cents and a maximum of 50 cents for each 100
23    words. Exceptions filed to claims presented to an assignee
24    of a debtor who has made a voluntary assignment for the
25    benefit of creditors shall be considered and treated, for
26    the purpose of taxing costs therein, as actions in which

 

 

HB3064- 92 -LRB101 10107 LNS 55210 b

1    the party or parties filing the exceptions shall be
2    considered as party or parties plaintiff, and the claimant
3    or claimants as party or parties defendant, and those
4    parties respectively shall pay to the clerk the same fees
5    as provided by this Section to be paid in other actions.
6(u) Expungement Petition.
7        The clerk shall be entitled to receive a fee of a
8    minimum of $15 and a maximum of $60 for each expungement
9    petition filed and an additional fee of a minimum of $2 and
10    a maximum of $4 for each certified copy of an order to
11    expunge arrest records.
12(v) Probate.
13        The clerk is entitled to receive the fees specified in
14    this subsection (v), which shall be paid in advance, except
15    that, for good cause shown, the court may suspend, reduce,
16    or release the costs payable under this subsection:
17        (1) For administration of the estate of a decedent
18    (whether testate or intestate) or of a missing person, a
19    minimum of $50 and a maximum of $150, plus the fees
20    specified in subsection (v)(3), except:
21            (A) When the value of the real and personal
22        property does not exceed $15,000, the fee shall be a
23        minimum of $25 and a maximum of $40.
24            (B) When (i) proof of heirship alone is made, (ii)
25        a domestic or foreign will is admitted to probate
26        without administration (including proof of heirship),

 

 

HB3064- 93 -LRB101 10107 LNS 55210 b

1        or (iii) letters of office are issued for a particular
2        purpose without administration of the estate, the fee
3        shall be a minimum of $10 and a maximum of $40.
4            (C) For filing a petition to sell Real Estate, $50.
5        (2) For administration of the estate of a ward, a
6    minimum of $50 and a maximum of $75, plus the fees
7    specified in subsection (v)(3), except:
8            (A) When the value of the real and personal
9        property does not exceed $15,000, the fee shall be a
10        minimum of $25 and a maximum of $40.
11            (B) When (i) letters of office are issued to a
12        guardian of the person or persons, but not of the
13        estate or (ii) letters of office are issued in the
14        estate of a ward without administration of the estate,
15        including filing or joining in the filing of a tax
16        return or releasing a mortgage or consenting to the
17        marriage of the ward, the fee shall be a minimum of $10
18        and a maximum of $20.
19            (C) For filing a Petition to sell Real Estate, $50.
20        (3) In addition to the fees payable under subsection
21    (v)(1) or (v)(2) of this Section, the following fees are
22    payable:
23            (A) For each account (other than one final account)
24        filed in the estate of a decedent, or ward, a minimum
25        of $10 and a maximum of $25.
26            (B) For filing a claim in an estate when the amount

 

 

HB3064- 94 -LRB101 10107 LNS 55210 b

1        claimed is $150 or more but less than $500, a minimum
2        of $10 and a maximum of $25; when the amount claimed is
3        $500 or more but less than $10,000, a minimum of $10
4        and a maximum of $40; when the amount claimed is
5        $10,000 or more, a minimum of $10 and a maximum of $60;
6        provided that the court in allowing a claim may add to
7        the amount allowed the filing fee paid by the claimant.
8            (C) For filing in an estate a claim, petition, or
9        supplemental proceeding based upon an action seeking
10        equitable relief including the construction or contest
11        of a will, enforcement of a contract to make a will,
12        and proceedings involving testamentary trusts or the
13        appointment of testamentary trustees, a minimum of $40
14        and a maximum of $60.
15            (D) For filing in an estate (i) the appearance of
16        any person for the purpose of consent or (ii) the
17        appearance of an executor, administrator,
18        administrator to collect, guardian, guardian ad litem,
19        or special administrator, no fee.
20            (E) Except as provided in subsection (v)(3)(D),
21        for filing the appearance of any person or persons, a
22        minimum of $10 and a maximum of $30.
23            (F) For each jury demand, a minimum of $62.50 and a
24        maximum of $137.50.
25            (G) For disposition of the collection of a judgment
26        or settlement of an action or claim for wrongful death

 

 

HB3064- 95 -LRB101 10107 LNS 55210 b

1        of a decedent or of any cause of action of a ward, when
2        there is no other administration of the estate, a
3        minimum of $30 and a maximum of $50, less any amount
4        paid under subsection (v)(1)(B) or (v)(2)(B) except
5        that if the amount involved does not exceed $5,000, the
6        fee, including any amount paid under subsection
7        (v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a
8        maximum of $20.
9            (H) For each certified copy of letters of office,
10        of court order or other certification, a minimum of $1
11        and a maximum of $2, plus a minimum of 50 cents and a
12        maximum of $1 per page in excess of 3 pages for the
13        document certified.
14            (I) For each exemplification, a minimum of $1 and a
15        maximum of $2, plus the fee for certification.
16        (4) The executor, administrator, guardian, petitioner,
17    or other interested person or his or her attorney shall pay
18    the cost of publication by the clerk directly to the
19    newspaper.
20        (5) The person on whose behalf a charge is incurred for
21    witness, court reporter, appraiser, or other miscellaneous
22    fee shall pay the same directly to the person entitled
23    thereto.
24        (6) The executor, administrator, guardian, petitioner,
25    or other interested person or his or her attorney shall pay
26    to the clerk all postage charges incurred by the clerk in

 

 

HB3064- 96 -LRB101 10107 LNS 55210 b

1    mailing petitions, orders, notices, or other documents
2    pursuant to the provisions of the Probate Act of 1975.
3(w) Criminal and Quasi-Criminal Costs and Fees.
4        (1) The clerk shall be entitled to costs in all
5    criminal and quasi-criminal cases from each person
6    convicted or sentenced to supervision therein as follows:
7            (A) Felony complaints, a minimum of $40 and a
8        maximum of $100.
9            (B) Misdemeanor complaints, a minimum of $25 and a
10        maximum of $75.
11            (C) Business offense complaints, a minimum of $25
12        and a maximum of $75.
13            (D) Petty offense complaints, a minimum of $25 and
14        a maximum of $75.
15            (E) Minor traffic or ordinance violations, $10.
16            (F) When court appearance required, $15.
17            (G) Motions to vacate or amend final orders, a
18        minimum of $20 and a maximum of $40.
19            (H) Motions to vacate bond forfeiture orders, a
20        minimum of $20 and a maximum of $40.
21            (I) Motions to vacate ex parte judgments, whenever
22        filed, a minimum of $20 and a maximum of $40.
23            (J) Motions to vacate judgment on forfeitures,
24        whenever filed, a minimum of $20 and a maximum of $40.
25            (K) Motions to vacate "failure to appear" or
26        "failure to comply" notices sent to the Secretary of

 

 

HB3064- 97 -LRB101 10107 LNS 55210 b

1        State, a minimum of $20 and a maximum of $40.
2        (2) In counties having a population of not more than
3    500,000 inhabitants, when the violation complaint is
4    issued by a municipal police department, the clerk shall be
5    entitled to costs from each person convicted therein as
6    follows:
7            (A) Minor traffic or ordinance violations, $10.
8            (B) When court appearance required, $15.
9        (3) In ordinance violation cases punishable by fine
10    only, the clerk of the circuit court shall be entitled to
11    receive, unless the fee is excused upon a finding by the
12    court that the defendant is indigent, in addition to other
13    fees or costs allowed or imposed by law, the sum of a
14    minimum of $62.50 and a maximum of $137.50 as a fee for the
15    services of a jury. The jury fee shall be paid by the
16    defendant at the time of filing his or her jury demand. If
17    the fee is not so paid by the defendant, no jury shall be
18    called, and the case shall be tried by the court without a
19    jury.
20(x) Transcripts of Judgment.
21        For the filing of a transcript of judgment, the clerk
22    shall be entitled to the same fee as if it were the
23    commencement of a new suit.
24(y) Change of Venue.
25        (1) For the filing of a change of case on a change of
26    venue, the clerk shall be entitled to the same fee as if it

 

 

HB3064- 98 -LRB101 10107 LNS 55210 b

1    were the commencement of a new suit.
2        (2) The fee for the preparation and certification of a
3    record on a change of venue to another jurisdiction, when
4    original documents are forwarded, a minimum of $10 and a
5    maximum of $40.
6(z) Tax objection complaints.
7        For each tax objection complaint containing one or more
8    tax objections, regardless of the number of parcels
9    involved or the number of taxpayers joining on the
10    complaint, a minimum of $10 and a maximum of $50.
11(aa) Tax Deeds.
12        (1) Petition for tax deed, if only one parcel is
13    involved, a minimum of $45 and a maximum of $200.
14        (2) For each additional parcel, add a fee of a minimum
15    of $10 and a maximum of $60.
16(bb) Collections.
17        (1) For all collections made of others, except the
18    State and county and except in maintenance or child support
19    cases, a sum equal to a minimum of 2% and a maximum of 2.5%
20    of the amount collected and turned over.
21        (2) Interest earned on any funds held by the clerk
22    shall be turned over to the county general fund as an
23    earning of the office.
24        (3) For any check, draft, or other bank instrument
25    returned to the clerk for non-sufficient funds, account
26    closed, or payment stopped, $25.

 

 

HB3064- 99 -LRB101 10107 LNS 55210 b

1        (4) In child support and maintenance cases, the clerk,
2    if authorized by an ordinance of the county board, may
3    collect an annual fee of up to $36 from the person making
4    payment for maintaining child support records and the
5    processing of support orders to the State of Illinois KIDS
6    system and the recording of payments issued by the State
7    Disbursement Unit for the official record of the Court.
8    This fee shall be in addition to and separate from amounts
9    ordered to be paid as maintenance or child support and
10    shall be deposited into a Separate Maintenance and Child
11    Support Collection Fund, of which the clerk shall be the
12    custodian, ex-officio, to be used by the clerk to maintain
13    child support orders and record all payments issued by the
14    State Disbursement Unit for the official record of the
15    Court. The clerk may recover from the person making the
16    maintenance or child support payment any additional cost
17    incurred in the collection of this annual fee.
18        The clerk shall also be entitled to a fee of $5 for
19    certifications made to the Secretary of State as provided
20    in Section 7-703 of the Family Financial Responsibility Law
21    and these fees shall also be deposited into the Separate
22    Maintenance and Child Support Collection Fund.
23(cc) Corrections of Numbers.
24        For correction of the case number, case title, or
25    attorney computer identification number, if required by
26    rule of court, on any document filed in the clerk's office,

 

 

HB3064- 100 -LRB101 10107 LNS 55210 b

1    to be charged against the party that filed the document, a
2    minimum of $10 and a maximum of $25.
3(dd) Exceptions.
4        (1) The fee requirements of this Section shall not
5    apply to police departments or other law enforcement
6    agencies. In this Section, "law enforcement agency" means
7    an agency of the State or a unit of local government which
8    is vested by law or ordinance with the duty to maintain
9    public order and to enforce criminal laws or ordinances.
10    "Law enforcement agency" also means the Attorney General or
11    any state's attorney.
12        (2) No fee provided herein shall be charged to any unit
13    of local government or school district.
14        (3) The fee requirements of this Section shall not
15    apply to any action instituted under subsection (b) of
16    Section 11-31-1 of the Illinois Municipal Code by a private
17    owner or tenant of real property within 1200 feet of a
18    dangerous or unsafe building seeking an order compelling
19    the owner or owners of the building to take any of the
20    actions authorized under that subsection.
21        (4) The fee requirements of this Section shall not
22    apply to the filing of any commitment petition or petition
23    for an order authorizing the administration of
24    psychotropic medication or electroconvulsive therapy under
25    the Mental Health and Developmental Disabilities Code.
26(ee) Adoptions.

 

 

HB3064- 101 -LRB101 10107 LNS 55210 b

1        (1) For an adoption...............................$65
2        (2) Upon good cause shown, the court may waive the
3    adoption filing fee in a special needs adoption. The term
4    "special needs adoption" shall have the meaning ascribed to
5    it by the Illinois Department of Children and Family
6    Services.
7(ff) Adoption exemptions.
8        No fee other than that set forth in subsection (ee)
9    shall be charged to any person in connection with an
10    adoption proceeding nor may any fee be charged for
11    proceedings for the appointment of a confidential
12    intermediary under the Adoption Act.
13(Source: P.A. 99-85, eff. 1-1-16; 99-859, eff. 8-19-16;
14100-173, eff. 1-1-18.)
 
15    (705 ILCS 105/27.2)  (from Ch. 25, par. 27.2)
16    Sec. 27.2. The fees of the clerks of the circuit court in
17all counties having a population in excess of 500,000
18inhabitants but less than 3,000,000 inhabitants in the
19instances described in this Section shall be as provided in
20this Section. In those instances where a minimum and maximum
21fee is stated, counties with more than 500,000 inhabitants but
22less than 3,000,000 inhabitants must charge the minimum fee
23listed in this Section and may charge up to the maximum fee if
24the county board has by resolution increased the fee. In
25addition, the minimum fees authorized in this Section shall

 

 

HB3064- 102 -LRB101 10107 LNS 55210 b

1apply to all units of local government and school districts in
2counties with more than 3,000,000 inhabitants. The fees shall
3be paid in advance and shall be as follows:
4(a) Civil Cases.
5        With the following exceptions, the fee for filing a
6    complaint, petition, or other pleading initiating a civil
7    action shall be a minimum of $150 and shall be a maximum of
8    $190 through December 31, 2021 and a maximum of $184 on and
9    after January 1, 2022.
10            (A) When the amount of money or damages or the
11        value of personal property claimed does not exceed
12        $250, a minimum of $10 and a maximum of $15.
13            (B) When that amount exceeds $250 but does not
14        exceed $1,000, a minimum of $20 and a maximum of $40.
15            (C) When that amount exceeds $1,000 but does not
16        exceed $2500, a minimum of $30 and a maximum of $50.
17            (D) When that amount exceeds $2500 but does not
18        exceed $5,000, a minimum of $75 and a maximum of $100.
19            (D-5) When the amount exceeds $5,000 but does not
20        exceed $15,000, a minimum of $75 and a maximum of $150.
21            (E) For the exercise of eminent domain, $150. For
22        each additional lot or tract of land or right or
23        interest therein subject to be condemned, the damages
24        in respect to which shall require separate assessment
25        by a jury, $150.
26            (F) No fees shall be charged by the clerk to a

 

 

HB3064- 103 -LRB101 10107 LNS 55210 b

1        petitioner in any order of protection including, but
2        not limited to, filing, modifying, withdrawing,
3        certifying, or photocopying petitions for orders of
4        protection, or for issuing alias summons, or for any
5        related filing service, certifying, modifying,
6        vacating, or photocopying any orders of protection.
7(b) Eviction.
8        In each eviction case when the plaintiff seeks eviction
9    only or unites with his or her claim for eviction a claim
10    for rent or damages or both in the amount of $15,000 or
11    less, a minimum of $40 and a maximum of $75. When the
12    plaintiff unites his or her claim for eviction with a claim
13    for rent or damages or both exceeding $15,000, a minimum of
14    $150 and a maximum of $225.
15(c) Counterclaim or Joining Third Party Defendant.
16        When any defendant files a counterclaim as part of his
17    or her answer or otherwise or joins another party as a
18    third party defendant, or both, the defendant shall pay a
19    fee for each counterclaim or third party action in an
20    amount equal to the fee he or she would have had to pay had
21    he or she brought a separate action for the relief sought
22    in the counterclaim or against the third party defendant,
23    less the amount of the appearance fee, if that has been
24    paid.
25(d) Confession of Judgment.
26        In a confession of judgment when the amount does not

 

 

HB3064- 104 -LRB101 10107 LNS 55210 b

1    exceed $1500, a minimum of $50 and a maximum of $60. When
2    the amount exceeds $1500, but does not exceed $5,000, $75.
3    When the amount exceeds $5,000, but does not exceed
4    $15,000, $175. When the amount exceeds $15,000, a minimum
5    of $200 and a maximum of $250.
6(e) Appearance.
7        The fee for filing an appearance in each civil case
8    shall be a minimum of $50 and a maximum of $75, except as
9    follows:
10            (A) When the plaintiff in an eviction case seeks
11        eviction only, a minimum of $20 and a maximum of $40.
12            (B) When the amount in the case does not exceed
13        $1500, a minimum of $20 and a maximum of $40.
14            (C) When the amount in the case exceeds $1500 but
15        does not exceed $15,000, a minimum of $40 and a maximum
16        of $60.
17(f) Garnishment, Wage Deduction, and Citation.
18        In garnishment affidavit, wage deduction affidavit,
19    and citation petition when the amount does not exceed
20    $1,000, a minimum of $10 and a maximum of $15; when the
21    amount exceeds $1,000 but does not exceed $5,000, a minimum
22    of $20 and a maximum of $30; and when the amount exceeds
23    $5,000, a minimum of $30 and a maximum of $50.
24(g) Petition to Vacate or Modify.
25        (1) Petition to vacate or modify any final judgment or
26    order of court, except in eviction cases and small claims

 

 

HB3064- 105 -LRB101 10107 LNS 55210 b

1    cases or a petition to reopen an estate, to modify,
2    terminate, or enforce a judgment or order for child or
3    spousal support, or to modify, suspend, or terminate an
4    order for withholding, if filed before 30 days after the
5    entry of the judgment or order, a minimum of $40 and a
6    maximum of $50.
7        (2) Petition to vacate or modify any final judgment or
8    order of court, except a petition to modify, terminate, or
9    enforce a judgment or order for child or spousal support or
10    to modify, suspend, or terminate an order for withholding,
11    if filed later than 30 days after the entry of the judgment
12    or order, a minimum of $60 and a maximum of $75.
13        (3) Petition to vacate order of bond forfeiture, a
14    minimum of $20 and a maximum of $40.
15(h) Mailing.
16        When the clerk is required to mail, the fee will be a
17    minimum of $6 and a maximum of $10, plus the cost of
18    postage.
19(i) Certified Copies.
20        Each certified copy of a judgment after the first,
21    except in small claims and eviction cases, a minimum of $10
22    and a maximum of $15.
23(j) Habeas Corpus.
24        For filing a petition for relief by habeas corpus, a
25    minimum of $80 and a maximum of $125.
26(k) Certification, Authentication, and Reproduction.

 

 

HB3064- 106 -LRB101 10107 LNS 55210 b

1        (1) Each certification or authentication for taking
2    the acknowledgment of a deed or other instrument in writing
3    with the seal of office, a minimum of $4 and a maximum of
4    $6.
5        (2) Court appeals when original documents are
6    forwarded, under 100 pages, plus delivery and costs, a
7    minimum of $50 and a maximum of $75.
8        (3) Court appeals when original documents are
9    forwarded, over 100 pages, plus delivery and costs, a
10    minimum of $120 and a maximum of $150.
11        (4) Court appeals when original documents are
12    forwarded, over 200 pages, an additional fee of a minimum
13    of 20 and a maximum of 25 cents per page.
14        (5) For reproduction of any document contained in the
15    clerk's files:
16            (A) First page, $2.
17            (B) Next 19 pages, 50 cents per page.
18            (C) All remaining pages, 25 cents per page.
19(l) Remands.
20        In any cases remanded to the Circuit Court from the
21    Supreme Court or the Appellate Court for a new trial, the
22    clerk shall file the remanding order and reinstate the case
23    with either its original number or a new number. The Clerk
24    shall not charge any new or additional fee for the
25    reinstatement. Upon reinstatement the Clerk shall advise
26    the parties of the reinstatement. A party shall have the

 

 

HB3064- 107 -LRB101 10107 LNS 55210 b

1    same right to a jury trial on remand and reinstatement as
2    he or she had before the appeal, and no additional or new
3    fee or charge shall be made for a jury trial after remand.
4(m) Record Search.
5        For each record search, within a division or municipal
6    district, the clerk shall be entitled to a search fee of a
7    minimum of $4 and a maximum of $6 for each year searched.
8(n) Hard Copy.
9        For each page of hard copy print output, when case
10    records are maintained on an automated medium, the clerk
11    shall be entitled to a fee of a minimum of $4 and a maximum
12    of $6.
13(o) Index Inquiry and Other Records.
14        No fee shall be charged for a single
15    plaintiff/defendant index inquiry or single case record
16    inquiry when this request is made in person and the records
17    are maintained in a current automated medium, and when no
18    hard copy print output is requested. The fees to be charged
19    for management records, multiple case records, and
20    multiple journal records may be specified by the Chief
21    Judge pursuant to the guidelines for access and
22    dissemination of information approved by the Supreme
23    Court.
24(p) (Blank).
25(q) Alias Summons.
26        For each alias summons or citation issued by the clerk,

 

 

HB3064- 108 -LRB101 10107 LNS 55210 b

1    a minimum of $4 and a maximum of $5.
2(r) Other Fees.
3        Any fees not covered in this Section shall be set by
4    rule or administrative order of the Circuit Court with the
5    approval of the Administrative Office of the Illinois
6    Courts.
7        The clerk of the circuit court may provide additional
8    services for which there is no fee specified by statute in
9    connection with the operation of the clerk's office as may
10    be requested by the public and agreed to by the clerk and
11    approved by the chief judge of the circuit court. Any
12    charges for additional services shall be as agreed to
13    between the clerk and the party making the request and
14    approved by the chief judge of the circuit court. Nothing
15    in this subsection shall be construed to require any clerk
16    to provide any service not otherwise required by law.
17(s) Jury Services.
18        The clerk shall be entitled to receive, in addition to
19    other fees allowed by law, the sum of a minimum of $192.50
20    and a maximum of $212.50, as a fee for the services of a
21    jury in every civil action not quasi-criminal in its nature
22    and not a proceeding for the exercise of the right of
23    eminent domain and in every other action wherein the right
24    of trial by jury is or may be given by law. The jury fee
25    shall be paid by the party demanding a jury at the time of
26    filing the jury demand. If the fee is not paid by either

 

 

HB3064- 109 -LRB101 10107 LNS 55210 b

1    party, no jury shall be called in the action or proceeding,
2    and the same shall be tried by the court without a jury.
3(t) Voluntary Assignment.
4        For filing each deed of voluntary assignment, a minimum
5    of $10 and a maximum of $20; for recording the same, a
6    minimum of 25¢ and a maximum of 50¢ for each 100 words.
7    Exceptions filed to claims presented to an assignee of a
8    debtor who has made a voluntary assignment for the benefit
9    of creditors shall be considered and treated, for the
10    purpose of taxing costs therein, as actions in which the
11    party or parties filing the exceptions shall be considered
12    as party or parties plaintiff, and the claimant or
13    claimants as party or parties defendant, and those parties
14    respectively shall pay to the clerk the same fees as
15    provided by this Section to be paid in other actions.
16(u) Expungement Petition.
17        The clerk shall be entitled to receive a fee of a
18    minimum of $30 and a maximum of $60 for each expungement
19    petition filed and an additional fee of a minimum of $2 and
20    a maximum of $4 for each certified copy of an order to
21    expunge arrest records.
22(v) Probate.
23        The clerk is entitled to receive the fees specified in
24    this subsection (v), which shall be paid in advance, except
25    that, for good cause shown, the court may suspend, reduce,
26    or release the costs payable under this subsection:

 

 

HB3064- 110 -LRB101 10107 LNS 55210 b

1        (1) For administration of the estate of a decedent
2    (whether testate or intestate) or of a missing person, a
3    minimum of $100 and a maximum of $150, plus the fees
4    specified in subsection (v)(3), except:
5            (A) When the value of the real and personal
6        property does not exceed $15,000, the fee shall be a
7        minimum of $25 and a maximum of $40.
8            (B) When (i) proof of heirship alone is made, (ii)
9        a domestic or foreign will is admitted to probate
10        without administration (including proof of heirship),
11        or (iii) letters of office are issued for a particular
12        purpose without administration of the estate, the fee
13        shall be a minimum of $25 and a maximum of $40.
14        (2) For administration of the estate of a ward, a
15    minimum of $50 and a maximum of $75, plus the fees
16    specified in subsection (v)(3), except:
17            (A) When the value of the real and personal
18        property does not exceed $15,000, the fee shall be a
19        minimum of $25 and a maximum of $40.
20            (B) When (i) letters of office are issued to a
21        guardian of the person or persons, but not of the
22        estate or (ii) letters of office are issued in the
23        estate of a ward without administration of the estate,
24        including filing or joining in the filing of a tax
25        return or releasing a mortgage or consenting to the
26        marriage of the ward, the fee shall be a minimum of $10

 

 

HB3064- 111 -LRB101 10107 LNS 55210 b

1        and a maximum of $20.
2        (3) In addition to the fees payable under subsection
3    (v)(1) or (v)(2) of this Section, the following fees are
4    payable:
5            (A) For each account (other than one final account)
6        filed in the estate of a decedent, or ward, a minimum
7        of $15 and a maximum of $25.
8            (B) For filing a claim in an estate when the amount
9        claimed is $150 or more but less than $500, a minimum
10        of $10 and a maximum of $20; when the amount claimed is
11        $500 or more but less than $10,000, a minimum of $25
12        and a maximum of $40; when the amount claimed is
13        $10,000 or more, a minimum of $40 and a maximum of $60;
14        provided that the court in allowing a claim may add to
15        the amount allowed the filing fee paid by the claimant.
16            (C) For filing in an estate a claim, petition, or
17        supplemental proceeding based upon an action seeking
18        equitable relief including the construction or contest
19        of a will, enforcement of a contract to make a will,
20        and proceedings involving testamentary trusts or the
21        appointment of testamentary trustees, a minimum of $40
22        and a maximum of $60.
23            (D) For filing in an estate (i) the appearance of
24        any person for the purpose of consent or (ii) the
25        appearance of an executor, administrator,
26        administrator to collect, guardian, guardian ad litem,

 

 

HB3064- 112 -LRB101 10107 LNS 55210 b

1        or special administrator, no fee.
2            (E) Except as provided in subsection (v)(3)(D),
3        for filing the appearance of any person or persons, a
4        minimum of $10 and a maximum of $30.
5            (F) For each jury demand, a minimum of $102.50 and
6        a maximum of $137.50.
7            (G) For disposition of the collection of a judgment
8        or settlement of an action or claim for wrongful death
9        of a decedent or of any cause of action of a ward, when
10        there is no other administration of the estate, a
11        minimum of $30 and a maximum of $50, less any amount
12        paid under subsection (v)(1)(B) or (v)(2)(B) except
13        that if the amount involved does not exceed $5,000, the
14        fee, including any amount paid under subsection
15        (v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a
16        maximum of $20.
17            (H) For each certified copy of letters of office,
18        of court order or other certification, a minimum of $1
19        and a maximum of $2, plus a minimum of 50¢ and a
20        maximum of $1 per page in excess of 3 pages for the
21        document certified.
22            (I) For each exemplification, a minimum of $1 and a
23        maximum of $2, plus the fee for certification.
24        (4) The executor, administrator, guardian, petitioner,
25    or other interested person or his or her attorney shall pay
26    the cost of publication by the clerk directly to the

 

 

HB3064- 113 -LRB101 10107 LNS 55210 b

1    newspaper.
2        (5) The person on whose behalf a charge is incurred for
3    witness, court reporter, appraiser, or other miscellaneous
4    fee shall pay the same directly to the person entitled
5    thereto.
6        (6) The executor, administrator, guardian, petitioner,
7    or other interested person or his attorney shall pay to the
8    clerk all postage charges incurred by the clerk in mailing
9    petitions, orders, notices, or other documents pursuant to
10    the provisions of the Probate Act of 1975.
11(w) Criminal and Quasi-Criminal Costs and Fees.
12        (1) The clerk shall be entitled to costs in all
13    criminal and quasi-criminal cases from each person
14    convicted or sentenced to supervision therein as follows:
15            (A) Felony complaints, a minimum of $80 and a
16        maximum of $125.
17            (B) Misdemeanor complaints, a minimum of $50 and a
18        maximum of $75.
19            (C) Business offense complaints, a minimum of $50
20        and a maximum of $75.
21            (D) Petty offense complaints, a minimum of $50 and
22        a maximum of $75.
23            (E) Minor traffic or ordinance violations, $20.
24            (F) When court appearance required, $30.
25            (G) Motions to vacate or amend final orders, a
26        minimum of $20 and a maximum of $40.

 

 

HB3064- 114 -LRB101 10107 LNS 55210 b

1            (H) Motions to vacate bond forfeiture orders, a
2        minimum of $20 and a maximum of $30.
3            (I) Motions to vacate ex parte judgments, whenever
4        filed, a minimum of $20 and a maximum of $30.
5            (J) Motions to vacate judgment on forfeitures,
6        whenever filed, a minimum of $20 and a maximum of $25.
7            (K) Motions to vacate "failure to appear" or
8        "failure to comply" notices sent to the Secretary of
9        State, a minimum of $20 and a maximum of $40.
10        (2) In counties having a population of more than
11    500,000 but fewer than 3,000,000 inhabitants, when the
12    violation complaint is issued by a municipal police
13    department, the clerk shall be entitled to costs from each
14    person convicted therein as follows:
15            (A) Minor traffic or ordinance violations, $10.
16            (B) When court appearance required, $15.
17        (3) In ordinance violation cases punishable by fine
18    only, the clerk of the circuit court shall be entitled to
19    receive, unless the fee is excused upon a finding by the
20    court that the defendant is indigent, in addition to other
21    fees or costs allowed or imposed by law, the sum of a
22    minimum of $50 and a maximum of $112.50 as a fee for the
23    services of a jury. The jury fee shall be paid by the
24    defendant at the time of filing his or her jury demand. If
25    the fee is not so paid by the defendant, no jury shall be
26    called, and the case shall be tried by the court without a

 

 

HB3064- 115 -LRB101 10107 LNS 55210 b

1    jury.
2(x) Transcripts of Judgment.
3        For the filing of a transcript of judgment, the clerk
4    shall be entitled to the same fee as if it were the
5    commencement of new suit.
6(y) Change of Venue.
7        (1) For the filing of a change of case on a change of
8    venue, the clerk shall be entitled to the same fee as if it
9    were the commencement of a new suit.
10        (2) The fee for the preparation and certification of a
11    record on a change of venue to another jurisdiction, when
12    original documents are forwarded, a minimum of $25 and a
13    maximum of $40.
14(z) Tax objection complaints.
15        For each tax objection complaint containing one or more
16    tax objections, regardless of the number of parcels
17    involved or the number of taxpayers joining in the
18    complaint, a minimum of $25 and a maximum of $50.
19(aa) Tax Deeds.
20        (1) Petition for tax deed, if only one parcel is
21    involved, a minimum of $150 and a maximum of $250.
22        (2) For each additional parcel, add a fee of a minimum
23    of $50 and a maximum of $100.
24(bb) Collections.
25        (1) For all collections made of others, except the
26    State and county and except in maintenance or child support

 

 

HB3064- 116 -LRB101 10107 LNS 55210 b

1    cases, a sum equal to a minimum of 2.5% and a maximum of
2    3.0% of the amount collected and turned over.
3        (2) Interest earned on any funds held by the clerk
4    shall be turned over to the county general fund as an
5    earning of the office.
6        (3) For any check, draft, or other bank instrument
7    returned to the clerk for non-sufficient funds, account
8    closed, or payment stopped, $25.
9        (4) In child support and maintenance cases, the clerk,
10    if authorized by an ordinance of the county board, may
11    collect an annual fee of up to $36 from the person making
12    payment for maintaining child support records and the
13    processing of support orders to the State of Illinois KIDS
14    system and the recording of payments issued by the State
15    Disbursement Unit for the official record of the Court.
16    This fee shall be in addition to and separate from amounts
17    ordered to be paid as maintenance or child support and
18    shall be deposited into a Separate Maintenance and Child
19    Support Collection Fund, of which the clerk shall be the
20    custodian, ex-officio, to be used by the clerk to maintain
21    child support orders and record all payments issued by the
22    State Disbursement Unit for the official record of the
23    Court. The clerk may recover from the person making the
24    maintenance or child support payment any additional cost
25    incurred in the collection of this annual fee.
26        The clerk shall also be entitled to a fee of $5 for

 

 

HB3064- 117 -LRB101 10107 LNS 55210 b

1    certifications made to the Secretary of State as provided
2    in Section 7-703 of the Family Financial Responsibility Law
3    and these fees shall also be deposited into the Separate
4    Maintenance and Child Support Collection Fund.
5(cc) Corrections of Numbers.
6        For correction of the case number, case title, or
7    attorney computer identification number, if required by
8    rule of court, on any document filed in the clerk's office,
9    to be charged against the party that filed the document, a
10    minimum of $15 and a maximum of $25.
11(dd) Exceptions.
12        The fee requirements of this Section shall not apply to
13    police departments or other law enforcement agencies. In
14    this Section, "law enforcement agency" means an agency of
15    the State or a unit of local government which is vested by
16    law or ordinance with the duty to maintain public order and
17    to enforce criminal laws or ordinances. "Law enforcement
18    agency" also means the Attorney General or any state's
19    attorney. The fee requirements of this Section shall not
20    apply to any action instituted under subsection (b) of
21    Section 11-31-1 of the Illinois Municipal Code by a private
22    owner or tenant of real property within 1200 feet of a
23    dangerous or unsafe building seeking an order compelling
24    the owner or owners of the building to take any of the
25    actions authorized under that subsection.
26        The fee requirements of this Section shall not apply to

 

 

HB3064- 118 -LRB101 10107 LNS 55210 b

1    the filing of any commitment petition or petition for an
2    order authorizing the administration of psychotropic
3    medication or electroconvulsive therapy under the Mental
4    Health and Developmental Disabilities Code.
5(ee) Adoptions.
6        (1) For an adoption...............................$65
7        (2) Upon good cause shown, the court may waive the
8    adoption filing fee in a special needs adoption. The term
9    "special needs adoption" shall have the meaning ascribed to
10    it by the Illinois Department of Children and Family
11    Services.
12(ff) Adoption exemptions.
13        No fee other than that set forth in subsection (ee)
14    shall be charged to any person in connection with an
15    adoption proceeding nor may any fee be charged for
16    proceedings for the appointment of a confidential
17    intermediary under the Adoption Act.
18(gg) Unpaid fees.
19        Unless a court ordered payment schedule is implemented
20    or the fee requirements of this Section are waived pursuant
21    to court order, the clerk of the court may add to any
22    unpaid fees and costs under this Section a delinquency
23    amount equal to 5% of the unpaid fees that remain unpaid
24    after 30 days, 10% of the unpaid fees that remain unpaid
25    after 60 days, and 15% of the unpaid fees that remain
26    unpaid after 90 days. Notice to those parties may be made

 

 

HB3064- 119 -LRB101 10107 LNS 55210 b

1    by signage posting or publication. The additional
2    delinquency amounts collected under this Section shall be
3    used to defray additional administrative costs incurred by
4    the clerk of the circuit court in collecting unpaid fees
5    and costs.
6(Source: P.A. 99-859, eff. 8-19-16; 100-173, eff. 1-1-18.)
 
7    (705 ILCS 105/27.2a)  (from Ch. 25, par. 27.2a)
8    Sec. 27.2a. The fees of the clerks of the circuit court in
9all counties having a population of 3,000,000 or more
10inhabitants in the instances described in this Section shall be
11as provided in this Section. In those instances where a minimum
12and maximum fee is stated, the clerk of the circuit court must
13charge the minimum fee listed and may charge up to the maximum
14fee if the county board has by resolution increased the fee.
15The fees shall be paid in advance and shall be as follows:
16(a) Civil Cases.
17        With the following exceptions, the fee for filing a
18    complaint, petition, or other pleading initiating a civil
19    action shall be a minimum of $190 and shall be a maximum of
20    $240 through December 31, 2021 and a maximum of $234 on and
21    after January 1, 2022.
22            (A) When the amount of money or damages or the
23        value of personal property claimed does not exceed
24        $250, a minimum of $15 and a maximum of $22.
25            (B) When that amount exceeds $250 but does not

 

 

HB3064- 120 -LRB101 10107 LNS 55210 b

1        exceed $1000, a minimum of $40 and a maximum of $75.
2            (C) When that amount exceeds $1000 but does not
3        exceed $2500, a minimum of $50 and a maximum of $80.
4            (D) When that amount exceeds $2500 but does not
5        exceed $5000, a minimum of $100 and a maximum of $130.
6            (E) When that amount exceeds $5000 but does not
7        exceed $15,000, $150.
8            (F) For the exercise of eminent domain, $150. For
9        each additional lot or tract of land or right or
10        interest therein subject to be condemned, the damages
11        in respect to which shall require separate assessment
12        by a jury, $150.
13            (G) For the final determination of parking,
14        standing, and compliance violations and final
15        administrative decisions issued after hearings
16        regarding vehicle immobilization and impoundment made
17        pursuant to Sections 3-704.1, 6-306.5, and 11-208.3 of
18        the Illinois Vehicle Code, $25.
19            (H) No fees shall be charged by the clerk to a
20        petitioner in any order of protection including, but
21        not limited to, filing, modifying, withdrawing,
22        certifying, or photocopying petitions for orders of
23        protection, or for issuing alias summons, or for any
24        related filing service, certifying, modifying,
25        vacating, or photocopying any orders of protection.
26(b) Eviction.

 

 

HB3064- 121 -LRB101 10107 LNS 55210 b

1        In each eviction case when the plaintiff seeks eviction
2    only or unites with his or her claim for eviction a claim
3    for rent or damages or both in the amount of $15,000 or
4    less, a minimum of $75 and a maximum of $140. When the
5    plaintiff unites his or her claim for eviction with a claim
6    for rent or damages or both exceeding $15,000, a minimum of
7    $225 and a maximum of $335.
8(c) Counterclaim or Joining Third Party Defendant.
9        When any defendant files a counterclaim as part of his
10    or her answer or otherwise or joins another party as a
11    third party defendant, or both, the defendant shall pay a
12    fee for each counterclaim or third party action in an
13    amount equal to the fee he or she would have had to pay had
14    he or she brought a separate action for the relief sought
15    in the counterclaim or against the third party defendant,
16    less the amount of the appearance fee, if that has been
17    paid.
18(d) Confession of Judgment.
19        In a confession of judgment when the amount does not
20    exceed $1500, a minimum of $60 and a maximum of $70. When
21    the amount exceeds $1500, but does not exceed $5000, a
22    minimum of $75 and a maximum of $150. When the amount
23    exceeds $5000, but does not exceed $15,000, a minimum of
24    $175 and a maximum of $260. When the amount exceeds
25    $15,000, a minimum of $250 and a maximum of $310.
26(e) Appearance.

 

 

HB3064- 122 -LRB101 10107 LNS 55210 b

1        The fee for filing an appearance in each civil case
2    shall be a minimum of $75 and a maximum of $110, except as
3    follows:
4            (A) When the plaintiff in an eviction case seeks
5        possession only, a minimum of $40 and a maximum of $80.
6            (B) When the amount in the case does not exceed
7        $1500, a minimum of $40 and a maximum of $80.
8            (C) When that amount exceeds $1500 but does not
9        exceed $15,000, a minimum of $60 and a maximum of $90.
10(f) Garnishment, Wage Deduction, and Citation.
11        In garnishment affidavit, wage deduction affidavit,
12    and citation petition when the amount does not exceed
13    $1,000, a minimum of $15 and a maximum of $25; when the
14    amount exceeds $1,000 but does not exceed $5,000, a minimum
15    of $30 and a maximum of $45; and when the amount exceeds
16    $5,000, a minimum of $50 and a maximum of $80.
17(g) Petition to Vacate or Modify.
18        (1) Petition to vacate or modify any final judgment or
19    order of court, except in eviction cases and small claims
20    cases or a petition to reopen an estate, to modify,
21    terminate, or enforce a judgment or order for child or
22    spousal support, or to modify, suspend, or terminate an
23    order for withholding, if filed before 30 days after the
24    entry of the judgment or order, a minimum of $50 and a
25    maximum of $60.
26        (2) Petition to vacate or modify any final judgment or

 

 

HB3064- 123 -LRB101 10107 LNS 55210 b

1    order of court, except a petition to modify, terminate, or
2    enforce a judgment or order for child or spousal support or
3    to modify, suspend, or terminate an order for withholding,
4    if filed later than 30 days after the entry of the judgment
5    or order, a minimum of $75 and a maximum of $90.
6        (3) Petition to vacate order of bond forfeiture, a
7    minimum of $40 and a maximum of $80.
8(h) Mailing.
9        When the clerk is required to mail, the fee will be a
10    minimum of $10 and a maximum of $15, plus the cost of
11    postage.
12(i) Certified Copies.
13        Each certified copy of a judgment after the first,
14    except in small claims and eviction cases, a minimum of $15
15    and a maximum of $20.
16(j) Habeas Corpus.
17        For filing a petition for relief by habeas corpus, a
18    minimum of $125 and a maximum of $190.
19(k) Certification, Authentication, and Reproduction.
20        (1) Each certification or authentication for taking
21    the acknowledgment of a deed or other instrument in writing
22    with the seal of office, a minimum of $6 and a maximum of
23    $9.
24        (2) Court appeals when original documents are
25    forwarded, under 100 pages, plus delivery and costs, a
26    minimum of $75 and a maximum of $110.

 

 

HB3064- 124 -LRB101 10107 LNS 55210 b

1        (3) Court appeals when original documents are
2    forwarded, over 100 pages, plus delivery and costs, a
3    minimum of $150 and a maximum of $185.
4        (4) Court appeals when original documents are
5    forwarded, over 200 pages, an additional fee of a minimum
6    of 25 and a maximum of 30 cents per page.
7        (5) For reproduction of any document contained in the
8    clerk's files:
9            (A) First page, $2.
10            (B) Next 19 pages, 50 cents per page.
11            (C) All remaining pages, 25 cents per page.
12(l) Remands.
13        In any cases remanded to the Circuit Court from the
14    Supreme Court or the Appellate Court for a new trial, the
15    clerk shall file the remanding order and reinstate the case
16    with either its original number or a new number. The Clerk
17    shall not charge any new or additional fee for the
18    reinstatement. Upon reinstatement the Clerk shall advise
19    the parties of the reinstatement. A party shall have the
20    same right to a jury trial on remand and reinstatement as
21    he or she had before the appeal, and no additional or new
22    fee or charge shall be made for a jury trial after remand.
23(m) Record Search.
24        For each record search, within a division or municipal
25    district, the clerk shall be entitled to a search fee of a
26    minimum of $6 and a maximum of $9 for each year searched.

 

 

HB3064- 125 -LRB101 10107 LNS 55210 b

1(n) Hard Copy.
2        For each page of hard copy print output, when case
3    records are maintained on an automated medium, the clerk
4    shall be entitled to a fee of a minimum of $6 and a maximum
5    of $9.
6(o) Index Inquiry and Other Records.
7        No fee shall be charged for a single
8    plaintiff/defendant index inquiry or single case record
9    inquiry when this request is made in person and the records
10    are maintained in a current automated medium, and when no
11    hard copy print output is requested. The fees to be charged
12    for management records, multiple case records, and
13    multiple journal records may be specified by the Chief
14    Judge pursuant to the guidelines for access and
15    dissemination of information approved by the Supreme
16    Court.
17(p) (Blank).
18(q) Alias Summons.
19        For each alias summons or citation issued by the clerk,
20    a minimum of $5 and a maximum of $6.
21(r) Other Fees.
22        Any fees not covered in this Section shall be set by
23    rule or administrative order of the Circuit Court with the
24    approval of the Administrative Office of the Illinois
25    Courts.
26        The clerk of the circuit court may provide additional

 

 

HB3064- 126 -LRB101 10107 LNS 55210 b

1    services for which there is no fee specified by statute in
2    connection with the operation of the clerk's office as may
3    be requested by the public and agreed to by the clerk and
4    approved by the chief judge of the circuit court. Any
5    charges for additional services shall be as agreed to
6    between the clerk and the party making the request and
7    approved by the chief judge of the circuit court. Nothing
8    in this subsection shall be construed to require any clerk
9    to provide any service not otherwise required by law.
10(s) Jury Services.
11        The clerk shall be entitled to receive, in addition to
12    other fees allowed by law, the sum of a minimum of $212.50
13    and maximum of $230, as a fee for the services of a jury in
14    every civil action not quasi-criminal in its nature and not
15    a proceeding for the exercise of the right of eminent
16    domain and in every other action wherein the right of trial
17    by jury is or may be given by law. The jury fee shall be
18    paid by the party demanding a jury at the time of filing
19    the jury demand. If the fee is not paid by either party, no
20    jury shall be called in the action or proceeding, and the
21    same shall be tried by the court without a jury.
22(t) Voluntary Assignment.
23        For filing each deed of voluntary assignment, a minimum
24    of $20 and a maximum of $40; for recording the same, a
25    minimum of 50¢ and a maximum of $0.80 for each 100 words.
26    Exceptions filed to claims presented to an assignee of a

 

 

HB3064- 127 -LRB101 10107 LNS 55210 b

1    debtor who has made a voluntary assignment for the benefit
2    of creditors shall be considered and treated, for the
3    purpose of taxing costs therein, as actions in which the
4    party or parties filing the exceptions shall be considered
5    as party or parties plaintiff, and the claimant or
6    claimants as party or parties defendant, and those parties
7    respectively shall pay to the clerk the same fees as
8    provided by this Section to be paid in other actions.
9(u) Expungement Petition.
10        The clerk shall be entitled to receive a fee of a
11    minimum of $60 and a maximum of $120 for each expungement
12    petition filed and an additional fee of a minimum of $4 and
13    a maximum of $8 for each certified copy of an order to
14    expunge arrest records.
15(v) Probate.
16        The clerk is entitled to receive the fees specified in
17    this subsection (v), which shall be paid in advance, except
18    that, for good cause shown, the court may suspend, reduce,
19    or release the costs payable under this subsection:
20        (1) For administration of the estate of a decedent
21    (whether testate or intestate) or of a missing person, a
22    minimum of $150 and a maximum of $225, plus the fees
23    specified in subsection (v)(3), except:
24            (A) When the value of the real and personal
25        property does not exceed $15,000, the fee shall be a
26        minimum of $40 and a maximum of $65.

 

 

HB3064- 128 -LRB101 10107 LNS 55210 b

1            (B) When (i) proof of heirship alone is made, (ii)
2        a domestic or foreign will is admitted to probate
3        without administration (including proof of heirship),
4        or (iii) letters of office are issued for a particular
5        purpose without administration of the estate, the fee
6        shall be a minimum of $40 and a maximum of $65.
7        (2) For administration of the estate of a ward, a
8    minimum of $75 and a maximum of $110, plus the fees
9    specified in subsection (v)(3), except:
10            (A) When the value of the real and personal
11        property does not exceed $15,000, the fee shall be a
12        minimum of $40 and a maximum of $65.
13            (B) When (i) letters of office are issued to a
14        guardian of the person or persons, but not of the
15        estate or (ii) letters of office are issued in the
16        estate of a ward without administration of the estate,
17        including filing or joining in the filing of a tax
18        return or releasing a mortgage or consenting to the
19        marriage of the ward, the fee shall be a minimum of $20
20        and a maximum of $40.
21        (3) In addition to the fees payable under subsection
22    (v)(1) or (v)(2) of this Section, the following fees are
23    payable:
24            (A) For each account (other than one final account)
25        filed in the estate of a decedent, or ward, a minimum
26        of $25 and a maximum of $40.

 

 

HB3064- 129 -LRB101 10107 LNS 55210 b

1            (B) For filing a claim in an estate when the amount
2        claimed is $150 or more but less than $500, a minimum
3        of $20 and a maximum of $40; when the amount claimed is
4        $500 or more but less than $10,000, a minimum of $40
5        and a maximum of $65; when the amount claimed is
6        $10,000 or more, a minimum of $60 and a maximum of $90;
7        provided that the court in allowing a claim may add to
8        the amount allowed the filing fee paid by the claimant.
9            (C) For filing in an estate a claim, petition, or
10        supplemental proceeding based upon an action seeking
11        equitable relief including the construction or contest
12        of a will, enforcement of a contract to make a will,
13        and proceedings involving testamentary trusts or the
14        appointment of testamentary trustees, a minimum of $60
15        and a maximum of $90.
16            (D) For filing in an estate (i) the appearance of
17        any person for the purpose of consent or (ii) the
18        appearance of an executor, administrator,
19        administrator to collect, guardian, guardian ad litem,
20        or special administrator, no fee.
21            (E) Except as provided in subsection (v)(3)(D),
22        for filing the appearance of any person or persons, a
23        minimum of $30 and a maximum of $90.
24            (F) For each jury demand, a minimum of $137.50 and
25        a maximum of $180.
26            (G) For disposition of the collection of a judgment

 

 

HB3064- 130 -LRB101 10107 LNS 55210 b

1        or settlement of an action or claim for wrongful death
2        of a decedent or of any cause of action of a ward, when
3        there is no other administration of the estate, a
4        minimum of $50 and a maximum of $80, less any amount
5        paid under subsection (v)(1)(B) or (v)(2)(B) except
6        that if the amount involved does not exceed $5,000, the
7        fee, including any amount paid under subsection
8        (v)(1)(B) or (v)(2)(B), shall be a minimum of $20 and a
9        maximum of $40.
10            (H) For each certified copy of letters of office,
11        of court order or other certification, a minimum of $2
12        and a maximum of $4, plus $1 per page in excess of 3
13        pages for the document certified.
14            (I) For each exemplification, $2, plus the fee for
15        certification.
16        (4) The executor, administrator, guardian, petitioner,
17    or other interested person or his or her attorney shall pay
18    the cost of publication by the clerk directly to the
19    newspaper.
20        (5) The person on whose behalf a charge is incurred for
21    witness, court reporter, appraiser, or other miscellaneous
22    fee shall pay the same directly to the person entitled
23    thereto.
24        (6) The executor, administrator, guardian, petitioner,
25    or other interested person or his or her attorney shall pay
26    to the clerk all postage charges incurred by the clerk in

 

 

HB3064- 131 -LRB101 10107 LNS 55210 b

1    mailing petitions, orders, notices, or other documents
2    pursuant to the provisions of the Probate Act of 1975.
3(w) Criminal and Quasi-Criminal Costs and Fees.
4        (1) The clerk shall be entitled to costs in all
5    criminal and quasi-criminal cases from each person
6    convicted or sentenced to supervision therein as follows:
7            (A) Felony complaints, a minimum of $125 and a
8        maximum of $190.
9            (B) Misdemeanor complaints, a minimum of $75 and a
10        maximum of $110.
11            (C) Business offense complaints, a minimum of $75
12        and a maximum of $110.
13            (D) Petty offense complaints, a minimum of $75 and
14        a maximum of $110.
15            (E) Minor traffic or ordinance violations, $30.
16            (F) When court appearance required, $50.
17            (G) Motions to vacate or amend final orders, a
18        minimum of $40 and a maximum of $80.
19            (H) Motions to vacate bond forfeiture orders, a
20        minimum of $30 and a maximum of $45.
21            (I) Motions to vacate ex parte judgments, whenever
22        filed, a minimum of $30 and a maximum of $45.
23            (J) Motions to vacate judgment on forfeitures,
24        whenever filed, a minimum of $25 and a maximum of $30.
25            (K) Motions to vacate "failure to appear" or
26        "failure to comply" notices sent to the Secretary of

 

 

HB3064- 132 -LRB101 10107 LNS 55210 b

1        State, a minimum of $40 and a maximum of $50.
2        (2) In counties having a population of 3,000,000 or
3    more, when the violation complaint is issued by a municipal
4    police department, the clerk shall be entitled to costs
5    from each person convicted therein as follows:
6            (A) Minor traffic or ordinance violations, $30.
7            (B) When court appearance required, $50.
8        (3) In ordinance violation cases punishable by fine
9    only, the clerk of the circuit court shall be entitled to
10    receive, unless the fee is excused upon a finding by the
11    court that the defendant is indigent, in addition to other
12    fees or costs allowed or imposed by law, the sum of a
13    minimum of $112.50 and a maximum of $250 as a fee for the
14    services of a jury. The jury fee shall be paid by the
15    defendant at the time of filing his or her jury demand. If
16    the fee is not so paid by the defendant, no jury shall be
17    called, and the case shall be tried by the court without a
18    jury.
19(x) Transcripts of Judgment.
20        For the filing of a transcript of judgment, the clerk
21    shall be entitled to the same fee as if it were the
22    commencement of a new suit.
23(y) Change of Venue.
24        (1) For the filing of a change of case on a change of
25    venue, the clerk shall be entitled to the same fee as if it
26    were the commencement of a new suit.

 

 

HB3064- 133 -LRB101 10107 LNS 55210 b

1        (2) The fee for the preparation and certification of a
2    record on a change of venue to another jurisdiction, when
3    original documents are forwarded, a minimum of $40 and a
4    maximum of $65.
5(z) Tax objection complaints.
6        For each tax objection complaint containing one or more
7    tax objections, regardless of the number of parcels
8    involved or the number of taxpayers joining in the
9    complaint, a minimum of $50 and a maximum of $100.
10(aa) Tax Deeds.
11        (1) Petition for tax deed, if only one parcel is
12    involved, a minimum of $250 and a maximum of $400.
13        (2) For each additional parcel, add a fee of a minimum
14    of $100 and a maximum of $200.
15(bb) Collections.
16        (1) For all collections made of others, except the
17    State and county and except in maintenance or child support
18    cases, a sum equal to 3.0% of the amount collected and
19    turned over.
20        (2) Interest earned on any funds held by the clerk
21    shall be turned over to the county general fund as an
22    earning of the office.
23        (3) For any check, draft, or other bank instrument
24    returned to the clerk for non-sufficient funds, account
25    closed, or payment stopped, $25.
26        (4) In child support and maintenance cases, the clerk,

 

 

HB3064- 134 -LRB101 10107 LNS 55210 b

1    if authorized by an ordinance of the county board, may
2    collect an annual fee of up to $36 from the person making
3    payment for maintaining child support records and the
4    processing of support orders to the State of Illinois KIDS
5    system and the recording of payments issued by the State
6    Disbursement Unit for the official record of the Court.
7    This fee shall be in addition to and separate from amounts
8    ordered to be paid as maintenance or child support and
9    shall be deposited into a Separate Maintenance and Child
10    Support Collection Fund, of which the clerk shall be the
11    custodian, ex-officio, to be used by the clerk to maintain
12    child support orders and record all payments issued by the
13    State Disbursement Unit for the official record of the
14    Court. The clerk may recover from the person making the
15    maintenance or child support payment any additional cost
16    incurred in the collection of this annual fee.
17        The clerk shall also be entitled to a fee of $5 for
18    certifications made to the Secretary of State as provided
19    in Section 7-703 of the Family Financial Responsibility Law
20    and these fees shall also be deposited into the Separate
21    Maintenance and Child Support Collection Fund.
22(cc) Corrections of Numbers.
23        For correction of the case number, case title, or
24    attorney computer identification number, if required by
25    rule of court, on any document filed in the clerk's office,
26    to be charged against the party that filed the document, a

 

 

HB3064- 135 -LRB101 10107 LNS 55210 b

1    minimum of $25 and a maximum of $40.
2(dd) Exceptions.
3        (1) The fee requirements of this Section shall not
4    apply to police departments or other law enforcement
5    agencies. In this Section, "law enforcement agency" means
6    an agency of the State or a unit of local government which
7    is vested by law or ordinance with the duty to maintain
8    public order and to enforce criminal laws or ordinances.
9    "Law enforcement agency" also means the Attorney General or
10    any state's attorney.
11        (2) No fee provided herein shall be charged to any unit
12    of local government or school district. The fee
13    requirements of this Section shall not apply to any action
14    instituted under subsection (b) of Section 11-31-1 of the
15    Illinois Municipal Code by a private owner or tenant of
16    real property within 1200 feet of a dangerous or unsafe
17    building seeking an order compelling the owner or owners of
18    the building to take any of the actions authorized under
19    that subsection.
20        (3) The fee requirements of this Section shall not
21    apply to the filing of any commitment petition or petition
22    for an order authorizing the administration of
23    psychotropic medication or electroconvulsive therapy under
24    the Mental Health and Developmental Disabilities Code.
25(ee) Adoption.
26        (1) For an adoption...............................$65

 

 

HB3064- 136 -LRB101 10107 LNS 55210 b

1        (2) Upon good cause shown, the court may waive the
2    adoption filing fee in a special needs adoption. The term
3    "special needs adoption" shall have the meaning ascribed to
4    it by the Illinois Department of Children and Family
5    Services.
6(ff) Adoption exemptions.
7        No fee other than that set forth in subsection (ee)
8    shall be charged to any person in connection with an
9    adoption proceeding nor may any fee be charged for
10    proceedings for the appointment of a confidential
11    intermediary under the Adoption Act.
12(gg) Unpaid fees.
13        Unless a court ordered payment schedule is implemented
14    or the fee requirements of this Section are waived pursuant
15    to court order, the clerk of the court may add to any
16    unpaid fees and costs under this Section a delinquency
17    amount equal to 5% of the unpaid fees that remain unpaid
18    after 30 days, 10% of the unpaid fees that remain unpaid
19    after 60 days, and 15% of the unpaid fees that remain
20    unpaid after 90 days. Notice to those parties may be made
21    by signage posting or publication. The additional
22    delinquency amounts collected under this Section shall be
23    used to defray additional administrative costs incurred by
24    the clerk of the circuit court in collecting unpaid fees
25    and costs.
26(Source: P.A. 99-859, eff. 8-19-16; 100-173, eff. 1-1-18.)
 

 

 

HB3064- 137 -LRB101 10107 LNS 55210 b

1    (705 ILCS 105/27.3a)
2    Sec. 27.3a. Fees for automated record keeping, probation
3and court services operations, State and Conservation Police
4operations, and e-business programs.
5    1. The expense of establishing and maintaining automated
6record keeping systems in the offices of the clerks of the
7circuit court shall be borne by the county. To defray such
8expense in any county having established such an automated
9system or which elects to establish such a system, the county
10board may require the clerk of the circuit court in their
11county to charge and collect a court automation fee of not less
12than $1 nor more than $25 to be charged and collected by the
13clerk of the court. Such fee shall be paid at the time of
14filing the first pleading, paper or other appearance filed by
15each party in all civil cases or by the defendant in any
16felony, traffic, misdemeanor, municipal ordinance, or
17conservation case upon a judgment of guilty or grant of
18supervision, provided that the record keeping system which
19processes the case category for which the fee is charged is
20automated or has been approved for automation by the county
21board, and provided further that no additional fee shall be
22required if more than one party is presented in a single
23pleading, paper or other appearance. Such fee shall be
24collected in the manner in which all other fees or costs are
25collected.

 

 

HB3064- 138 -LRB101 10107 LNS 55210 b

1    1.1. Starting on July 6, 2012 (the effective date of Public
2Act 97-761) and pursuant to an administrative order from the
3chief judge of the circuit or the presiding judge of the county
4authorizing such collection, a clerk of the circuit court in
5any county that imposes a fee pursuant to subsection 1 of this
6Section shall also charge and collect an additional $10
7operations fee for probation and court services department
8operations.
9    This additional fee shall be paid by the defendant in any
10felony, traffic, misdemeanor, local ordinance, or conservation
11case upon a judgment of guilty or grant of supervision, except
12such $10 operations fee shall not be charged and collected in
13cases governed by Supreme Court Rule 529 in which the bail
14amount is $120 or less.
15    1.2. With respect to the fee imposed and collected under
16subsection 1.1 of this Section, each clerk shall transfer all
17fees monthly to the county treasurer for deposit into the
18probation and court services fund created under Section 15.1 of
19the Probation and Probation Officers Act, and such monies shall
20be disbursed from the fund only at the direction of the chief
21judge of the circuit or another judge designated by the Chief
22Circuit Judge in accordance with the policies and guidelines
23approved by the Supreme Court.
24    1.5. Starting on June 1, 2014, a clerk of the circuit court
25in any county that imposes a fee pursuant to subsection 1 of
26this Section, shall charge and collect an additional fee in an

 

 

HB3064- 139 -LRB101 10107 LNS 55210 b

1amount equal to the amount of the fee imposed pursuant to
2subsection 1 of this Section, except the fee imposed under this
3subsection may not be more than $15. This additional fee shall
4be paid by the defendant in any felony, traffic, misdemeanor,
5or local ordinance case upon a judgment of guilty or grant of
6supervision. This fee shall not be paid by the defendant for
7any violation listed in subsection 1.6 of this Section.
8    1.6. Starting on June 1, 2014, a clerk of the circuit court
9in any county that imposes a fee pursuant to subsection 1 of
10this Section shall charge and collect an additional fee in an
11amount equal to the amount of the fee imposed pursuant to
12subsection 1 of this Section, except the fee imposed under this
13subsection may not be more than $15. This additional fee shall
14be paid by the defendant upon a judgment of guilty or grant of
15supervision for a violation under the State Parks Act, the
16Recreational Trails of Illinois Act, the Illinois Explosives
17Act, the Timber Buyers Licensing Act, the Forest Products
18Transportation Act, the Firearm Owners Identification Card
19Act, the Environmental Protection Act, the Fish and Aquatic
20Life Code, the Wildlife Code, the Cave Protection Act, the
21Illinois Exotic Weed Act, the Illinois Forestry Development
22Act, the Ginseng Harvesting Act, the Illinois Lake Management
23Program Act, the Illinois Natural Areas Preservation Act, the
24Illinois Open Land Trust Act, the Open Space Lands Acquisition
25and Development Act, the Illinois Prescribed Burning Act, the
26State Forest Act, the Water Use Act of 1983, the Illinois

 

 

HB3064- 140 -LRB101 10107 LNS 55210 b

1Veteran, Youth, and Young Adult Conservation Jobs Act, the
2Snowmobile Registration and Safety Act, the Boat Registration
3and Safety Act, the Illinois Dangerous Animals Act, the Hunter
4and Fishermen Interference Prohibition Act, the Wrongful Tree
5Cutting Act, or Section 11-1426.1, 11-1426.2, 11-1427,
611-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or 11-1427.5 of
7the Illinois Vehicle Code, or Section 48-3 or 48-10 of the
8Criminal Code of 2012.
9    1.7. Starting on the 30th day after the effective date of
10this amendatory Act of the 99th General Assembly, a clerk of
11the circuit court in any county that imposes a fee pursuant to
12subsection 1 of this Section shall also charge and collect an
13additional $9 e-business fee. The fee shall be paid at the time
14of filing the first pleading, paper, or other appearance filed
15by each party in all civil cases, except no additional fee
16shall be required if more than one party is presented in a
17single pleading, paper, or other appearance. The fee shall be
18collected in the manner in which all other fees or costs are
19collected. The fee shall be in addition to all other fees and
20charges of the clerk, and assessable as costs, and may be
21waived only if the judge specifically provides for the waiver
22of the e-business fee. The fee shall not be charged in any
23matter coming to the clerk on a change of venue, nor in any
24proceeding to review the decision of any administrative
25officer, agency, or body.
26    2. With respect to the fee imposed under subsection 1 of

 

 

HB3064- 141 -LRB101 10107 LNS 55210 b

1this Section, each clerk shall commence such charges and
2collections upon receipt of written notice from the chairman of
3the county board together with a certified copy of the board's
4resolution, which the clerk shall file of record in his office.
5    3. With respect to the fee imposed under subsection 1 of
6this Section, such fees shall be in addition to all other fees
7and charges of such clerks, and assessable as costs, and may be
8waived only if the judge specifically provides for the waiver
9of the court automation fee. The fees shall be remitted monthly
10by such clerk to the county treasurer, to be retained by him in
11a special fund designated as the court automation fund. The
12fund shall be audited by the county auditor, and the board
13shall make expenditure from the fund in payment of any cost
14related to the automation of court records, including hardware,
15software, research and development costs and personnel related
16thereto, provided that the expenditure is approved by the clerk
17of the court and by the chief judge of the circuit court or his
18designate.
19    4. With respect to the fee imposed under subsection 1 of
20this Section, such fees shall not be charged in any matter
21coming to any such clerk on change of venue, nor in any
22proceeding to review the decision of any administrative
23officer, agency or body.
24    5. With respect to the additional fee imposed under
25subsection 1.5 of this Section, the fee shall be remitted by
26the circuit clerk to the State Treasurer within one month after

 

 

HB3064- 142 -LRB101 10107 LNS 55210 b

1receipt for deposit into the State Police Operations Assistance
2Fund.
3    6. With respect to the additional fees imposed under
4subsection 1.5 of this Section, the Director of State Police
5may direct the use of these fees for homeland security purposes
6by transferring these fees on a quarterly basis from the State
7Police Operations Assistance Fund into the Illinois Law
8Enforcement Alarm Systems (ILEAS) Fund for homeland security
9initiatives programs. The transferred fees shall be allocated,
10subject to the approval of the ILEAS Executive Board, as
11follows: (i) 66.6% shall be used for homeland security
12initiatives and (ii) 33.3% shall be used for airborne
13operations. The ILEAS Executive Board shall annually supply the
14Director of State Police with a report of the use of these
15fees.
16    7. With respect to the additional fee imposed under
17subsection 1.6 of this Section, the fee shall be remitted by
18the circuit clerk to the State Treasurer within one month after
19receipt for deposit into the Conservation Police Operations
20Assistance Fund.
21    8. With respect to the fee imposed under subsection 1.7 of
22this Section, the clerk shall remit the fee to the State
23Treasurer within one month after receipt for deposit into the
24Supreme Court Special Purposes Fund. Unless otherwise
25authorized by this Act, the moneys deposited into the Supreme
26Court Special Purposes Fund under this subsection are not

 

 

HB3064- 143 -LRB101 10107 LNS 55210 b

1subject to administrative charges or chargebacks under Section
220 of the State Treasurer Act.
3(Source: P.A. 98-375, eff. 8-16-13; 98-606, eff. 6-1-14;
498-1016, eff. 8-22-14; 99-859, eff. 8-19-16.)
 
5    (705 ILCS 105/27.3c)  (from Ch. 25, par. 27.3c)
6    Sec. 27.3c. Document storage system.
7    (a) The expense of establishing and maintaining a document
8storage system in the offices of the circuit court clerks in
9the several counties of this State shall be borne by the
10county. To defray the expense in any county that elects to
11establish a document storage system and convert the records of
12the circuit court clerk to electronic or micrographic storage,
13the county board may require the clerk of the circuit court in
14its county to collect a court document fee of not less than $1
15nor more than $25, to be charged and collected by the clerk of
16the court. The fee shall be paid at the time of filing the
17first pleading, paper, or other appearance filed by each party
18in all civil cases or by the defendant in any felony,
19misdemeanor, traffic, ordinance, or conservation matter on a
20judgment of guilty or grant of supervision, provided that the
21document storage system is in place or has been authorized by
22the county board and further that no additional fee shall be
23required if more than one party is presented in a single
24pleading, paper, or other appearance. The fee shall be
25collected in the manner in which all other fees or costs are

 

 

HB3064- 144 -LRB101 10107 LNS 55210 b

1collected.
2    (b) Each clerk shall commence charges and collections of a
3court document fee upon receipt of written notice from the
4chairman of the county board together with a certified copy of
5the board's resolution, which the clerk shall file of record in
6his or her office.
7    (c) Court document fees shall be in addition to other fees
8and charges of the clerk, shall be assessable as costs, and may
9be waived only if the judge specifically provides for the
10waiver of the court document storage fee. The fees shall be
11remitted monthly by the clerk to the county treasurer, to be
12retained by the treasurer in a special fund designated as the
13Court Document Storage Fund. The fund shall be audited by the
14county auditor, and the board shall make expenditures from the
15fund in payment of any costs relative to the storage of court
16records, including hardware, software, research and
17development costs, and related personnel, provided that the
18expenditure is approved by the clerk of the circuit court.
19    (d) A court document fee shall not be charged in any matter
20coming to the clerk on change of venue or in any proceeding to
21review the decision of any administrative officer, agency, or
22body.
 
23    (705 ILCS 105/27.3e)
24    Sec. 27.3e. Electronic citation fee. As used in this
25Section, "electronic citation" means the process of

 

 

HB3064- 145 -LRB101 10107 LNS 55210 b

1transmitting traffic, misdemeanor, municipal ordinance,
2conservation, or other citations and law enforcement data via
3electronic means to a circuit court clerk.
4    To defray the expense of establishing and maintaining
5electronic citations, each Circuit Court Clerk shall charge and
6collect an electronic citation fee of $5. Such fee shall be
7paid by the defendant in any traffic, misdemeanor, municipal
8ordinance, or conservation case upon a judgment of guilty or
9grant of supervision. This fee shall be in addition to all
10other fees and charges and assessable as costs and shall not be
11subject to disbursement under Section 27.5 or 27.6 of this Act.
1260% of the fee shall be deposited into the Circuit Court Clerk
13Electronic Citation Fund and 40% of the fee shall be disbursed
14to the arresting agency to defray expenses related to the
15establishment and maintenance of electronic citations. The
16Circuit Court Clerk shall be the custodian, ex officio, of the
17Circuit Court Clerk Electronic Citation Fund and shall use the
18Fund to perform the duties required by the office for
19establishing and maintaining electronic citations. The Fund
20shall be audited by the County's auditor. The Circuit Court
21Clerk shall not charge and collect an electronic citation fee
22if the County Board has by ordinance elected not to be subject
23to this Section. Any funds collected under this Section before
24such an ordinance takes effect shall be disbursed to the
25Illinois State Police for expenses related to the establishment
26and maintenance of electronic citations.

 

 

HB3064- 146 -LRB101 10107 LNS 55210 b

1    With respect to funds designated for, as well as citations
2issued by, the Department of State Police, the moneys shall be
3remitted by the circuit court clerk to the State Treasurer
4within one month after receipt for deposit into the LEADS
5Maintenance Fund.
6(Source: P.A. 96-1210, eff. 1-1-11; 97-402, eff. 8-16-11.)
 
7    (705 ILCS 105/27.3g)
8    (Section scheduled to be repealed on July 1, 2020)
9    Sec. 27.3g. Pilot program; Access to Justice Act.
10    (a) On and after September 1, 2015, all clerks of the
11circuit court shall charge and collect at the time of filing
12the first pleading, paper, or other appearance filed by each
13party in all civil cases, in addition to any other fees, a fee
14of $2, but no additional fee shall be required if more than one
15party is represented in a single pleading, paper, or other
16appearance. Fees received by the clerk of the circuit court
17under this Section shall be remitted by the clerk of the
18circuit court to the State Treasurer, within one month after
19receipt, for deposit into the Access to Justice Fund created
20under Section 15 of the Access to Justice Act.
21    (b) This Section is repealed on September 1, 2020.
22(Source: P.A. 98-351, eff. 8-15-13; 99-281, eff. 8-5-15.)
 
23    (705 ILCS 105/27.4)  (from Ch. 25, par. 27.4)
24    Sec. 27.4. The population of all counties for the purpose

 

 

HB3064- 147 -LRB101 10107 LNS 55210 b

1of fixing fees and compensation under Sections 27.1 through
227.3 shall be based upon the results of the last Federal census
3immediately previous to the election of the Clerk of the
4Circuit Court in each county.
5(Source: P.A. 79-1445.)
 
6    (705 ILCS 105/27.5)  (from Ch. 25, par. 27.5)
7    Sec. 27.5. (a) All fees, fines, costs, additional
8penalties, bail balances assessed or forfeited, and any other
9amount paid by a person to the circuit clerk that equals an
10amount less than $55, except restitution under Section 5-5-6 of
11the Unified Code of Corrections, reimbursement for the costs of
12an emergency response as provided under Section 11-501 of the
13Illinois Vehicle Code, any fees collected for attending a
14traffic safety program under paragraph (c) of Supreme Court
15Rule 529, any fee collected on behalf of a State's Attorney
16under Section 4-2002 of the Counties Code or a sheriff under
17Section 4-5001 of the Counties Code, or any cost imposed under
18Section 124A-5 of the Code of Criminal Procedure of 1963, for
19convictions, orders of supervision, or any other disposition
20for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois
21Vehicle Code, or a similar provision of a local ordinance, and
22any violation of the Child Passenger Protection Act, or a
23similar provision of a local ordinance, and except as otherwise
24provided in this Section, shall be disbursed within 60 days
25after receipt by the circuit clerk as follows: 47% shall be

 

 

HB3064- 148 -LRB101 10107 LNS 55210 b

1disbursed to the entity authorized by law to receive the fine
2imposed in the case; 12% shall be disbursed to the State
3Treasurer; and 41% shall be disbursed to the county's general
4corporate fund. Of the 12% disbursed to the State Treasurer,
51/6 shall be deposited by the State Treasurer into the Violent
6Crime Victims Assistance Fund, 1/2 shall be deposited into the
7Traffic and Criminal Conviction Surcharge Fund, and 1/3 shall
8be deposited into the Drivers Education Fund. For fiscal years
91992 and 1993, amounts deposited into the Violent Crime Victims
10Assistance Fund, the Traffic and Criminal Conviction Surcharge
11Fund, or the Drivers Education Fund shall not exceed 110% of
12the amounts deposited into those funds in fiscal year 1991. Any
13amount that exceeds the 110% limit shall be distributed as
14follows: 50% shall be disbursed to the county's general
15corporate fund and 50% shall be disbursed to the entity
16authorized by law to receive the fine imposed in the case. Not
17later than March 1 of each year the circuit clerk shall submit
18a report of the amount of funds remitted to the State Treasurer
19under this Section during the preceding year based upon
20independent verification of fines and fees. All counties shall
21be subject to this Section, except that counties with a
22population under 2,000,000 may, by ordinance, elect not to be
23subject to this Section. For offenses subject to this Section,
24judges shall impose one total sum of money payable for
25violations. The circuit clerk may add on no additional amounts
26except for amounts that are required by Sections 27.3a and

 

 

HB3064- 149 -LRB101 10107 LNS 55210 b

127.3c of this Act, Section 16-104c of the Illinois Vehicle
2Code, and subsection (a) of Section 5-1101 of the Counties
3Code, unless those amounts are specifically waived by the
4judge. With respect to money collected by the circuit clerk as
5a result of forfeiture of bail, ex parte judgment or guilty
6plea pursuant to Supreme Court Rule 529, the circuit clerk
7shall first deduct and pay amounts required by Sections 27.3a
8and 27.3c of this Act. Unless a court ordered payment schedule
9is implemented or fee requirements are waived pursuant to a
10court order, the circuit clerk may add to any unpaid fees and
11costs a delinquency amount equal to 5% of the unpaid fees that
12remain unpaid after 30 days, 10% of the unpaid fees that remain
13unpaid after 60 days, and 15% of the unpaid fees that remain
14unpaid after 90 days. Notice to those parties may be made by
15signage posting or publication. The additional delinquency
16amounts collected under this Section shall be deposited in the
17Circuit Court Clerk Operation and Administrative Fund to be
18used to defray administrative costs incurred by the circuit
19clerk in performing the duties required to collect and disburse
20funds. This Section is a denial and limitation of home rule
21powers and functions under subsection (h) of Section 6 of
22Article VII of the Illinois Constitution.
23    (b) The following amounts must be remitted to the State
24Treasurer for deposit into the Illinois Animal Abuse Fund:
25        (1) 50% of the amounts collected for felony offenses
26    under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,

 

 

HB3064- 150 -LRB101 10107 LNS 55210 b

1    5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
2    Animals Act and Section 26-5 or 48-1 of the Criminal Code
3    of 1961 or the Criminal Code of 2012;
4        (2) 20% of the amounts collected for Class A and Class
5    B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
6    5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
7    for Animals Act and Section 26-5 or 48-1 of the Criminal
8    Code of 1961 or the Criminal Code of 2012; and
9        (3) 50% of the amounts collected for Class C
10    misdemeanors under Sections 4.01 and 7.1 of the Humane Care
11    for Animals Act and Section 26-5 or 48-1 of the Criminal
12    Code of 1961 or the Criminal Code of 2012.
13    (c) Any person who receives a disposition of court
14supervision for a violation of the Illinois Vehicle Code or a
15similar provision of a local ordinance shall, in addition to
16any other fines, fees, and court costs, pay an additional fee
17of $29, to be disbursed as provided in Section 16-104c of the
18Illinois Vehicle Code. In addition to the fee of $29, the
19person shall also pay a fee of $6, if not waived by the court.
20If this $6 fee is collected, $5.50 of the fee shall be
21deposited into the Circuit Court Clerk Operation and
22Administrative Fund created by the Clerk of the Circuit Court
23and 50 cents of the fee shall be deposited into the Prisoner
24Review Board Vehicle and Equipment Fund in the State treasury.
25    (d) Any person convicted of, pleading guilty to, or placed
26on supervision for a serious traffic violation, as defined in

 

 

HB3064- 151 -LRB101 10107 LNS 55210 b

1Section 1-187.001 of the Illinois Vehicle Code, a violation of
2Section 11-501 of the Illinois Vehicle Code, or a violation of
3a similar provision of a local ordinance shall pay an
4additional fee of $35, to be disbursed as provided in Section
516-104d of that Code.
6    This subsection (d) becomes inoperative on January 1, 2020.
7    (e) In all counties having a population of 3,000,000 or
8more inhabitants:
9        (1) A person who is found guilty of or pleads guilty to
10    violating subsection (a) of Section 11-501 of the Illinois
11    Vehicle Code, including any person placed on court
12    supervision for violating subsection (a), shall be fined
13    $750 as provided for by subsection (f) of Section 11-501.01
14    of the Illinois Vehicle Code, payable to the circuit clerk,
15    who shall distribute the money pursuant to subsection (f)
16    of Section 11-501.01 of the Illinois Vehicle Code.
17        (2) When a crime laboratory DUI analysis fee of $150,
18    provided for by Section 5-9-1.9 of the Unified Code of
19    Corrections is assessed, it shall be disbursed by the
20    circuit clerk as provided by subsection (f) of Section
21    5-9-1.9 of the Unified Code of Corrections.
22        (3) When a fine for a violation of subsection (a) of
23    Section 11-605 of the Illinois Vehicle Code is $150 or
24    greater, the additional $50 which is charged as provided
25    for by subsection (f) of Section 11-605 of the Illinois
26    Vehicle Code shall be disbursed by the circuit clerk to a

 

 

HB3064- 152 -LRB101 10107 LNS 55210 b

1    school district or districts for school safety purposes as
2    provided by subsection (f) of Section 11-605.
3        (4) When a fine for a violation of subsection (a) of
4    Section 11-1002.5 of the Illinois Vehicle Code is $150 or
5    greater, the additional $50 which is charged as provided
6    for by subsection (c) of Section 11-1002.5 of the Illinois
7    Vehicle Code shall be disbursed by the circuit clerk to a
8    school district or districts for school safety purposes as
9    provided by subsection (c) of Section 11-1002.5 of the
10    Illinois Vehicle Code.
11        (5) When a mandatory drug court fee of up to $5 is
12    assessed as provided in subsection (f) of Section 5-1101 of
13    the Counties Code, it shall be disbursed by the circuit
14    clerk as provided in subsection (f) of Section 5-1101 of
15    the Counties Code.
16        (6) When a mandatory teen court, peer jury, youth
17    court, or other youth diversion program fee is assessed as
18    provided in subsection (e) of Section 5-1101 of the
19    Counties Code, it shall be disbursed by the circuit clerk
20    as provided in subsection (e) of Section 5-1101 of the
21    Counties Code.
22        (7) When a Children's Advocacy Center fee is assessed
23    pursuant to subsection (f-5) of Section 5-1101 of the
24    Counties Code, it shall be disbursed by the circuit clerk
25    as provided in subsection (f-5) of Section 5-1101 of the
26    Counties Code.

 

 

HB3064- 153 -LRB101 10107 LNS 55210 b

1        (8) When a victim impact panel fee is assessed pursuant
2    to subsection (b) of Section 11-501.01 of the Illinois
3    Vehicle Code, it shall be disbursed by the circuit clerk to
4    the victim impact panel to be attended by the defendant.
5        (9) When a new fee collected in traffic cases is
6    enacted after January 1, 2010 (the effective date of Public
7    Act 96-735), it shall be excluded from the percentage
8    disbursement provisions of this Section unless otherwise
9    indicated by law.
10    (f) Any person who receives a disposition of court
11supervision for a violation of Section 11-501 of the Illinois
12Vehicle Code shall, in addition to any other fines, fees, and
13court costs, pay an additional fee of $50, which shall be
14collected by the circuit clerk and then remitted to the State
15Treasurer for deposit into the Roadside Memorial Fund, a
16special fund in the State treasury. However, the court may
17waive the fee if full restitution is complied with. Subject to
18appropriation, all moneys in the Roadside Memorial Fund shall
19be used by the Department of Transportation to pay fees imposed
20under subsection (f) of Section 20 of the Roadside Memorial
21Act. The fee shall be remitted by the circuit clerk within one
22month after receipt to the State Treasurer for deposit into the
23Roadside Memorial Fund.
24    (g) For any conviction or disposition of court supervision
25for a violation of Section 11-1429 of the Illinois Vehicle
26Code, the circuit clerk shall distribute the fines paid by the

 

 

HB3064- 154 -LRB101 10107 LNS 55210 b

1person as specified by subsection (h) of Section 11-1429 of the
2Illinois Vehicle Code.
3(Source: P.A. 97-333, eff. 8-12-11; 97-1108, eff. 1-1-13;
497-1150, eff. 1-25-13; 98-658, eff. 6-23-14.)
 
5    (705 ILCS 105/27.6)
6    (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625,
796-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150,
898-658, 98-1013, 99-78, and 99-455)
9    Sec. 27.6. (a) All fees, fines, costs, additional
10penalties, bail balances assessed or forfeited, and any other
11amount paid by a person to the circuit clerk equalling an
12amount of $55 or more, except the fine imposed by Section
135-9-1.15 of the Unified Code of Corrections, the additional fee
14required by subsections (b) and (c), restitution under Section
155-5-6 of the Unified Code of Corrections, contributions to a
16local anti-crime program ordered pursuant to Section
175-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
18Corrections, reimbursement for the costs of an emergency
19response as provided under Section 11-501 of the Illinois
20Vehicle Code, any fees collected for attending a traffic safety
21program under paragraph (c) of Supreme Court Rule 529, any fee
22collected on behalf of a State's Attorney under Section 4-2002
23of the Counties Code or a sheriff under Section 4-5001 of the
24Counties Code, or any cost imposed under Section 124A-5 of the
25Code of Criminal Procedure of 1963, for convictions, orders of

 

 

HB3064- 155 -LRB101 10107 LNS 55210 b

1supervision, or any other disposition for a violation of
2Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
3similar provision of a local ordinance, and any violation of
4the Child Passenger Protection Act, or a similar provision of a
5local ordinance, and except as otherwise provided in this
6Section shall be disbursed within 60 days after receipt by the
7circuit clerk as follows: 44.5% shall be disbursed to the
8entity authorized by law to receive the fine imposed in the
9case; 16.825% shall be disbursed to the State Treasurer; and
1038.675% shall be disbursed to the county's general corporate
11fund. Of the 16.825% disbursed to the State Treasurer, 2/17
12shall be deposited by the State Treasurer into the Violent
13Crime Victims Assistance Fund, 5.052/17 shall be deposited into
14the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
15be deposited into the Drivers Education Fund, and 6.948/17
16shall be deposited into the Trauma Center Fund. Of the 6.948/17
17deposited into the Trauma Center Fund from the 16.825%
18disbursed to the State Treasurer, 50% shall be disbursed to the
19Department of Public Health and 50% shall be disbursed to the
20Department of Healthcare and Family Services. For fiscal year
211993, amounts deposited into the Violent Crime Victims
22Assistance Fund, the Traffic and Criminal Conviction Surcharge
23Fund, or the Drivers Education Fund shall not exceed 110% of
24the amounts deposited into those funds in fiscal year 1991. Any
25amount that exceeds the 110% limit shall be distributed as
26follows: 50% shall be disbursed to the county's general

 

 

HB3064- 156 -LRB101 10107 LNS 55210 b

1corporate fund and 50% shall be disbursed to the entity
2authorized by law to receive the fine imposed in the case. Not
3later than March 1 of each year the circuit clerk shall submit
4a report of the amount of funds remitted to the State Treasurer
5under this Section during the preceding year based upon
6independent verification of fines and fees. All counties shall
7be subject to this Section, except that counties with a
8population under 2,000,000 may, by ordinance, elect not to be
9subject to this Section. For offenses subject to this Section,
10judges shall impose one total sum of money payable for
11violations. The circuit clerk may add on no additional amounts
12except for amounts that are required by Sections 27.3a and
1327.3c of this Act, unless those amounts are specifically waived
14by the judge. With respect to money collected by the circuit
15clerk as a result of forfeiture of bail, ex parte judgment or
16guilty plea pursuant to Supreme Court Rule 529, the circuit
17clerk shall first deduct and pay amounts required by Sections
1827.3a and 27.3c of this Act. This Section is a denial and
19limitation of home rule powers and functions under subsection
20(h) of Section 6 of Article VII of the Illinois Constitution.
21    (b) In addition to any other fines and court costs assessed
22by the courts, any person convicted or receiving an order of
23supervision for driving under the influence of alcohol or drugs
24shall pay an additional fee of $100 to the clerk of the circuit
25court. This amount, less 2 1/2% that shall be used to defray
26administrative costs incurred by the clerk, shall be remitted

 

 

HB3064- 157 -LRB101 10107 LNS 55210 b

1by the clerk to the Treasurer within 60 days after receipt for
2deposit into the Trauma Center Fund. This additional fee of
3$100 shall not be considered a part of the fine for purposes of
4any reduction in the fine for time served either before or
5after sentencing. Not later than March 1 of each year the
6Circuit Clerk shall submit a report of the amount of funds
7remitted to the State Treasurer under this subsection during
8the preceding calendar year.
9    (b-1) In addition to any other fines and court costs
10assessed by the courts, any person convicted or receiving an
11order of supervision for driving under the influence of alcohol
12or drugs shall pay an additional fee of $5 to the clerk of the
13circuit court. This amount, less 2 1/2% that shall be used to
14defray administrative costs incurred by the clerk, shall be
15remitted by the clerk to the Treasurer within 60 days after
16receipt for deposit into the Spinal Cord Injury Paralysis Cure
17Research Trust Fund. This additional fee of $5 shall not be
18considered a part of the fine for purposes of any reduction in
19the fine for time served either before or after sentencing. Not
20later than March 1 of each year the Circuit Clerk shall submit
21a report of the amount of funds remitted to the State Treasurer
22under this subsection during the preceding calendar year.
23    (c) In addition to any other fines and court costs assessed
24by the courts, any person convicted for a violation of Sections
2524-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or the
26Criminal Code of 2012 or a person sentenced for a violation of

 

 

HB3064- 158 -LRB101 10107 LNS 55210 b

1the Cannabis Control Act, the Illinois Controlled Substances
2Act, or the Methamphetamine Control and Community Protection
3Act shall pay an additional fee of $100 to the clerk of the
4circuit court. This amount, less 2 1/2% that shall be used to
5defray administrative costs incurred by the clerk, shall be
6remitted by the clerk to the Treasurer within 60 days after
7receipt for deposit into the Trauma Center Fund. This
8additional fee of $100 shall not be considered a part of the
9fine for purposes of any reduction in the fine for time served
10either before or after sentencing. Not later than March 1 of
11each year the Circuit Clerk shall submit a report of the amount
12of funds remitted to the State Treasurer under this subsection
13during the preceding calendar year.
14    (c-1) In addition to any other fines and court costs
15assessed by the courts, any person sentenced for a violation of
16the Cannabis Control Act, the Illinois Controlled Substances
17Act, or the Methamphetamine Control and Community Protection
18Act shall pay an additional fee of $5 to the clerk of the
19circuit court. This amount, less 2 1/2% that shall be used to
20defray administrative costs incurred by the clerk, shall be
21remitted by the clerk to the Treasurer within 60 days after
22receipt for deposit into the Spinal Cord Injury Paralysis Cure
23Research Trust Fund. This additional fee of $5 shall not be
24considered a part of the fine for purposes of any reduction in
25the fine for time served either before or after sentencing. Not
26later than March 1 of each year the Circuit Clerk shall submit

 

 

HB3064- 159 -LRB101 10107 LNS 55210 b

1a report of the amount of funds remitted to the State Treasurer
2under this subsection during the preceding calendar year.
3    (d) The following amounts must be remitted to the State
4Treasurer for deposit into the Illinois Animal Abuse Fund:
5        (1) 50% of the amounts collected for felony offenses
6    under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
7    5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
8    Animals Act and Section 26-5 or 48-1 of the Criminal Code
9    of 1961 or the Criminal Code of 2012;
10        (2) 20% of the amounts collected for Class A and Class
11    B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
12    5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
13    for Animals Act and Section 26-5 or 48-1 of the Criminal
14    Code of 1961 or the Criminal Code of 2012; and
15        (3) 50% of the amounts collected for Class C
16    misdemeanors under Sections 4.01 and 7.1 of the Humane Care
17    for Animals Act and Section 26-5 or 48-1 of the Criminal
18    Code of 1961 or the Criminal Code of 2012.
19    (e) Any person who receives a disposition of court
20supervision for a violation of the Illinois Vehicle Code or a
21similar provision of a local ordinance shall, in addition to
22any other fines, fees, and court costs, pay an additional fee
23of $29, to be disbursed as provided in Section 16-104c of the
24Illinois Vehicle Code. In addition to the fee of $29, the
25person shall also pay a fee of $6, if not waived by the court.
26If this $6 fee is collected, $5.50 of the fee shall be

 

 

HB3064- 160 -LRB101 10107 LNS 55210 b

1deposited into the Circuit Court Clerk Operation and
2Administrative Fund created by the Clerk of the Circuit Court
3and 50 cents of the fee shall be deposited into the Prisoner
4Review Board Vehicle and Equipment Fund in the State treasury.
5    (f) This Section does not apply to the additional child
6pornography fines assessed and collected under Section
75-9-1.14 of the Unified Code of Corrections.
8    (g) (Blank).
9    (h) (Blank).
10    (i) Of the amounts collected as fines under subsection (b)
11of Section 3-712 of the Illinois Vehicle Code, 99% shall be
12deposited into the Illinois Military Family Relief Fund and 1%
13shall be deposited into the Circuit Court Clerk Operation and
14Administrative Fund created by the Clerk of the Circuit Court
15to be used to offset the costs incurred by the Circuit Court
16Clerk in performing the additional duties required to collect
17and disburse funds to entities of State and local government as
18provided by law.
19    (j) Any person convicted of, pleading guilty to, or placed
20on supervision for a serious traffic violation, as defined in
21Section 1-187.001 of the Illinois Vehicle Code, a violation of
22Section 11-501 of the Illinois Vehicle Code, or a violation of
23a similar provision of a local ordinance shall pay an
24additional fee of $35, to be disbursed as provided in Section
2516-104d of that Code.
26    This subsection (j) becomes inoperative on January 1, 2020.

 

 

HB3064- 161 -LRB101 10107 LNS 55210 b

1    (k) For any conviction or disposition of court supervision
2for a violation of Section 11-1429 of the Illinois Vehicle
3Code, the circuit clerk shall distribute the fines paid by the
4person as specified by subsection (h) of Section 11-1429 of the
5Illinois Vehicle Code.
6    (l) Any person who receives a disposition of court
7supervision for a violation of Section 11-501 of the Illinois
8Vehicle Code or a similar provision of a local ordinance shall,
9in addition to any other fines, fees, and court costs, pay an
10additional fee of $50, which shall be collected by the circuit
11clerk and then remitted to the State Treasurer for deposit into
12the Roadside Memorial Fund, a special fund in the State
13treasury. However, the court may waive the fee if full
14restitution is complied with. Subject to appropriation, all
15moneys in the Roadside Memorial Fund shall be used by the
16Department of Transportation to pay fees imposed under
17subsection (f) of Section 20 of the Roadside Memorial Act. The
18fee shall be remitted by the circuit clerk within one month
19after receipt to the State Treasurer for deposit into the
20Roadside Memorial Fund.
21    (m) Of the amounts collected as fines under subsection (c)
22of Section 411.4 of the Illinois Controlled Substances Act or
23subsection (c) of Section 90 of the Methamphetamine Control and
24Community Protection Act, 99% shall be deposited to the law
25enforcement agency or fund specified and 1% shall be deposited
26into the Circuit Court Clerk Operation and Administrative Fund

 

 

HB3064- 162 -LRB101 10107 LNS 55210 b

1to be used to offset the costs incurred by the Circuit Court
2Clerk in performing the additional duties required to collect
3and disburse funds to entities of State and local government as
4provided by law.
5    (n) In addition to any other fines and court costs assessed
6by the courts, any person who is convicted of or pleads guilty
7to a violation of the Criminal Code of 1961 or the Criminal
8Code of 2012, or a similar provision of a local ordinance, or
9who is convicted of, pleads guilty to, or receives a
10disposition of court supervision for a violation of the
11Illinois Vehicle Code, or a similar provision of a local
12ordinance, shall pay an additional fee of $15 to the clerk of
13the circuit court. This additional fee of $15 shall not be
14considered a part of the fine for purposes of any reduction in
15the fine for time served either before or after sentencing.
16This amount, less 2.5% that shall be used to defray
17administrative costs incurred by the clerk, shall be remitted
18by the clerk to the State Treasurer within 60 days after
19receipt for deposit into the State Police Merit Board Public
20Safety Fund.
21    (o) The amounts collected as fines under Sections 10-9,
2211-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall
23be collected by the circuit clerk and distributed as provided
24under Section 5-9-1.21 of the Unified Code of Corrections in
25lieu of any disbursement under subsection (a) of this Section.
26    (p) In addition to any other fees and penalties imposed,

 

 

HB3064- 163 -LRB101 10107 LNS 55210 b

1any person who is convicted of or pleads guilty to a violation
2of Section 20-1 or Section 20-1.1 of the Criminal Code of 2012
3shall pay an additional fee of $250 to the clerk of the circuit
4court. This additional fee of $250 shall not be considered a
5part of the fine for purposes of any reduction in the fine for
6time served either before or after sentencing. This amount,
7less 2.5% that shall be used to defray administrative costs
8incurred by the clerk, shall be remitted by the clerk to the
9Department of Insurance within 60 days after receipt for
10deposit into the George Bailey Memorial Fund.
11(Source: P.A. 98-658, eff. 6-23-14; 98-1013, eff. 1-1-15;
1299-78, eff. 7-20-15; 99-455, eff. 1-1-16.)
 
13    (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667,
1496-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150,
1598-658, 98-1013, 99-78, and 99-455)
16    Sec. 27.6. (a) All fees, fines, costs, additional
17penalties, bail balances assessed or forfeited, and any other
18amount paid by a person to the circuit clerk equalling an
19amount of $55 or more, except the fine imposed by Section
205-9-1.15 of the Unified Code of Corrections, the additional fee
21required by subsections (b) and (c), restitution under Section
225-5-6 of the Unified Code of Corrections, contributions to a
23local anti-crime program ordered pursuant to Section
245-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
25Corrections, reimbursement for the costs of an emergency

 

 

HB3064- 164 -LRB101 10107 LNS 55210 b

1response as provided under Section 11-501 of the Illinois
2Vehicle Code, any fees collected for attending a traffic safety
3program under paragraph (c) of Supreme Court Rule 529, any fee
4collected on behalf of a State's Attorney under Section 4-2002
5of the Counties Code or a sheriff under Section 4-5001 of the
6Counties Code, or any cost imposed under Section 124A-5 of the
7Code of Criminal Procedure of 1963, for convictions, orders of
8supervision, or any other disposition for a violation of
9Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
10similar provision of a local ordinance, and any violation of
11the Child Passenger Protection Act, or a similar provision of a
12local ordinance, and except as otherwise provided in this
13Section shall be disbursed within 60 days after receipt by the
14circuit clerk as follows: 44.5% shall be disbursed to the
15entity authorized by law to receive the fine imposed in the
16case; 16.825% shall be disbursed to the State Treasurer; and
1738.675% shall be disbursed to the county's general corporate
18fund. Of the 16.825% disbursed to the State Treasurer, 2/17
19shall be deposited by the State Treasurer into the Violent
20Crime Victims Assistance Fund, 5.052/17 shall be deposited into
21the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
22be deposited into the Drivers Education Fund, and 6.948/17
23shall be deposited into the Trauma Center Fund. Of the 6.948/17
24deposited into the Trauma Center Fund from the 16.825%
25disbursed to the State Treasurer, 50% shall be disbursed to the
26Department of Public Health and 50% shall be disbursed to the

 

 

HB3064- 165 -LRB101 10107 LNS 55210 b

1Department of Healthcare and Family Services. For fiscal year
21993, amounts deposited into the Violent Crime Victims
3Assistance Fund, the Traffic and Criminal Conviction Surcharge
4Fund, or the Drivers Education Fund shall not exceed 110% of
5the amounts deposited into those funds in fiscal year 1991. Any
6amount that exceeds the 110% limit shall be distributed as
7follows: 50% shall be disbursed to the county's general
8corporate fund and 50% shall be disbursed to the entity
9authorized by law to receive the fine imposed in the case. Not
10later than March 1 of each year the circuit clerk shall submit
11a report of the amount of funds remitted to the State Treasurer
12under this Section during the preceding year based upon
13independent verification of fines and fees. All counties shall
14be subject to this Section, except that counties with a
15population under 2,000,000 may, by ordinance, elect not to be
16subject to this Section. For offenses subject to this Section,
17judges shall impose one total sum of money payable for
18violations. The circuit clerk may add on no additional amounts
19except for amounts that are required by Sections 27.3a and
2027.3c of this Act, Section 16-104c of the Illinois Vehicle
21Code, and subsection (a) of Section 5-1101 of the Counties
22Code, unless those amounts are specifically waived by the
23judge. With respect to money collected by the circuit clerk as
24a result of forfeiture of bail, ex parte judgment or guilty
25plea pursuant to Supreme Court Rule 529, the circuit clerk
26shall first deduct and pay amounts required by Sections 27.3a

 

 

HB3064- 166 -LRB101 10107 LNS 55210 b

1and 27.3c of this Act. Unless a court ordered payment schedule
2is implemented or fee requirements are waived pursuant to court
3order, the clerk of the court may add to any unpaid fees and
4costs a delinquency amount equal to 5% of the unpaid fees that
5remain unpaid after 30 days, 10% of the unpaid fees that remain
6unpaid after 60 days, and 15% of the unpaid fees that remain
7unpaid after 90 days. Notice to those parties may be made by
8signage posting or publication. The additional delinquency
9amounts collected under this Section shall be deposited in the
10Circuit Court Clerk Operation and Administrative Fund to be
11used to defray administrative costs incurred by the circuit
12clerk in performing the duties required to collect and disburse
13funds. This Section is a denial and limitation of home rule
14powers and functions under subsection (h) of Section 6 of
15Article VII of the Illinois Constitution.
16    (b) In addition to any other fines and court costs assessed
17by the courts, any person convicted or receiving an order of
18supervision for driving under the influence of alcohol or drugs
19shall pay an additional fee of $100 to the clerk of the circuit
20court. This amount, less 2 1/2% that shall be used to defray
21administrative costs incurred by the clerk, shall be remitted
22by the clerk to the Treasurer within 60 days after receipt for
23deposit into the Trauma Center Fund. This additional fee of
24$100 shall not be considered a part of the fine for purposes of
25any reduction in the fine for time served either before or
26after sentencing. Not later than March 1 of each year the

 

 

HB3064- 167 -LRB101 10107 LNS 55210 b

1Circuit Clerk shall submit a report of the amount of funds
2remitted to the State Treasurer under this subsection during
3the preceding calendar year.
4    (b-1) In addition to any other fines and court costs
5assessed by the courts, any person convicted or receiving an
6order of supervision for driving under the influence of alcohol
7or drugs shall pay an additional fee of $5 to the clerk of the
8circuit court. This amount, less 2 1/2% that shall be used to
9defray administrative costs incurred by the clerk, shall be
10remitted by the clerk to the Treasurer within 60 days after
11receipt for deposit into the Spinal Cord Injury Paralysis Cure
12Research Trust Fund. This additional fee of $5 shall not be
13considered a part of the fine for purposes of any reduction in
14the fine for time served either before or after sentencing. Not
15later than March 1 of each year the Circuit Clerk shall submit
16a report of the amount of funds remitted to the State Treasurer
17under this subsection during the preceding calendar year.
18    (c) In addition to any other fines and court costs assessed
19by the courts, any person convicted for a violation of Sections
2024-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or the
21Criminal Code of 2012 or a person sentenced for a violation of
22the Cannabis Control Act, the Illinois Controlled Substances
23Act, or the Methamphetamine Control and Community Protection
24Act shall pay an additional fee of $100 to the clerk of the
25circuit court. This amount, less 2 1/2% that shall be used to
26defray administrative costs incurred by the clerk, shall be

 

 

HB3064- 168 -LRB101 10107 LNS 55210 b

1remitted by the clerk to the Treasurer within 60 days after
2receipt for deposit into the Trauma Center Fund. This
3additional fee of $100 shall not be considered a part of the
4fine for purposes of any reduction in the fine for time served
5either before or after sentencing. Not later than March 1 of
6each year the Circuit Clerk shall submit a report of the amount
7of funds remitted to the State Treasurer under this subsection
8during the preceding calendar year.
9    (c-1) In addition to any other fines and court costs
10assessed by the courts, any person sentenced for a violation of
11the Cannabis Control Act, the Illinois Controlled Substances
12Act, or the Methamphetamine Control and Community Protection
13Act shall pay an additional fee of $5 to the clerk of the
14circuit court. This amount, less 2 1/2% that shall be used to
15defray administrative costs incurred by the clerk, shall be
16remitted by the clerk to the Treasurer within 60 days after
17receipt for deposit into the Spinal Cord Injury Paralysis Cure
18Research Trust Fund. This additional fee of $5 shall not be
19considered a part of the fine for purposes of any reduction in
20the fine for time served either before or after sentencing. Not
21later than March 1 of each year the Circuit Clerk shall submit
22a report of the amount of funds remitted to the State Treasurer
23under this subsection during the preceding calendar year.
24    (d) The following amounts must be remitted to the State
25Treasurer for deposit into the Illinois Animal Abuse Fund:
26        (1) 50% of the amounts collected for felony offenses

 

 

HB3064- 169 -LRB101 10107 LNS 55210 b

1    under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
2    5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
3    Animals Act and Section 26-5 or 48-1 of the Criminal Code
4    of 1961 or the Criminal Code of 2012;
5        (2) 20% of the amounts collected for Class A and Class
6    B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
7    5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
8    for Animals Act and Section 26-5 or 48-1 of the Criminal
9    Code of 1961 or the Criminal Code of 2012; and
10        (3) 50% of the amounts collected for Class C
11    misdemeanors under Sections 4.01 and 7.1 of the Humane Care
12    for Animals Act and Section 26-5 or 48-1 of the Criminal
13    Code of 1961 or the Criminal Code of 2012.
14    (e) Any person who receives a disposition of court
15supervision for a violation of the Illinois Vehicle Code or a
16similar provision of a local ordinance shall, in addition to
17any other fines, fees, and court costs, pay an additional fee
18of $29, to be disbursed as provided in Section 16-104c of the
19Illinois Vehicle Code. In addition to the fee of $29, the
20person shall also pay a fee of $6, if not waived by the court.
21If this $6 fee is collected, $5.50 of the fee shall be
22deposited into the Circuit Court Clerk Operation and
23Administrative Fund created by the Clerk of the Circuit Court
24and 50 cents of the fee shall be deposited into the Prisoner
25Review Board Vehicle and Equipment Fund in the State treasury.
26    (f) This Section does not apply to the additional child

 

 

HB3064- 170 -LRB101 10107 LNS 55210 b

1pornography fines assessed and collected under Section
25-9-1.14 of the Unified Code of Corrections.
3    (g) Any person convicted of or pleading guilty to a serious
4traffic violation, as defined in Section 1-187.001 of the
5Illinois Vehicle Code, shall pay an additional fee of $35, to
6be disbursed as provided in Section 16-104d of that Code. This
7subsection (g) becomes inoperative on January 1, 2020.
8    (h) In all counties having a population of 3,000,000 or
9more inhabitants,
10        (1) A person who is found guilty of or pleads guilty to
11    violating subsection (a) of Section 11-501 of the Illinois
12    Vehicle Code, including any person placed on court
13    supervision for violating subsection (a), shall be fined
14    $750 as provided for by subsection (f) of Section 11-501.01
15    of the Illinois Vehicle Code, payable to the circuit clerk,
16    who shall distribute the money pursuant to subsection (f)
17    of Section 11-501.01 of the Illinois Vehicle Code.
18        (2) When a crime laboratory DUI analysis fee of $150,
19    provided for by Section 5-9-1.9 of the Unified Code of
20    Corrections is assessed, it shall be disbursed by the
21    circuit clerk as provided by subsection (f) of Section
22    5-9-1.9 of the Unified Code of Corrections.
23        (3) When a fine for a violation of Section 11-605.1 of
24    the Illinois Vehicle Code is $250 or greater, the person
25    who violated that Section shall be charged an additional
26    $125 as provided for by subsection (e) of Section 11-605.1

 

 

HB3064- 171 -LRB101 10107 LNS 55210 b

1    of the Illinois Vehicle Code, which shall be disbursed by
2    the circuit clerk to a State or county Transportation
3    Safety Highway Hire-back Fund as provided by subsection (e)
4    of Section 11-605.1 of the Illinois Vehicle Code.
5        (4) When a fine for a violation of subsection (a) of
6    Section 11-605 of the Illinois Vehicle Code is $150 or
7    greater, the additional $50 which is charged as provided
8    for by subsection (f) of Section 11-605 of the Illinois
9    Vehicle Code shall be disbursed by the circuit clerk to a
10    school district or districts for school safety purposes as
11    provided by subsection (f) of Section 11-605.
12        (5) When a fine for a violation of subsection (a) of
13    Section 11-1002.5 of the Illinois Vehicle Code is $150 or
14    greater, the additional $50 which is charged as provided
15    for by subsection (c) of Section 11-1002.5 of the Illinois
16    Vehicle Code shall be disbursed by the circuit clerk to a
17    school district or districts for school safety purposes as
18    provided by subsection (c) of Section 11-1002.5 of the
19    Illinois Vehicle Code.
20        (6) When a mandatory drug court fee of up to $5 is
21    assessed as provided in subsection (f) of Section 5-1101 of
22    the Counties Code, it shall be disbursed by the circuit
23    clerk as provided in subsection (f) of Section 5-1101 of
24    the Counties Code.
25        (7) When a mandatory teen court, peer jury, youth
26    court, or other youth diversion program fee is assessed as

 

 

HB3064- 172 -LRB101 10107 LNS 55210 b

1    provided in subsection (e) of Section 5-1101 of the
2    Counties Code, it shall be disbursed by the circuit clerk
3    as provided in subsection (e) of Section 5-1101 of the
4    Counties Code.
5        (8) When a Children's Advocacy Center fee is assessed
6    pursuant to subsection (f-5) of Section 5-1101 of the
7    Counties Code, it shall be disbursed by the circuit clerk
8    as provided in subsection (f-5) of Section 5-1101 of the
9    Counties Code.
10        (9) When a victim impact panel fee is assessed pursuant
11    to subsection (b) of Section 11-501.01 of the Vehicle Code,
12    it shall be disbursed by the circuit clerk to the victim
13    impact panel to be attended by the defendant.
14        (10) When a new fee collected in traffic cases is
15    enacted after the effective date of this subsection (h), it
16    shall be excluded from the percentage disbursement
17    provisions of this Section unless otherwise indicated by
18    law.
19    (i) Of the amounts collected as fines under subsection (b)
20of Section 3-712 of the Illinois Vehicle Code, 99% shall be
21deposited into the Illinois Military Family Relief Fund and 1%
22shall be deposited into the Circuit Court Clerk Operation and
23Administrative Fund created by the Clerk of the Circuit Court
24to be used to offset the costs incurred by the Circuit Court
25Clerk in performing the additional duties required to collect
26and disburse funds to entities of State and local government as

 

 

HB3064- 173 -LRB101 10107 LNS 55210 b

1provided by law.
2    (j) (Blank).
3    (k) For any conviction or disposition of court supervision
4for a violation of Section 11-1429 of the Illinois Vehicle
5Code, the circuit clerk shall distribute the fines paid by the
6person as specified by subsection (h) of Section 11-1429 of the
7Illinois Vehicle Code.
8    (l) Any person who receives a disposition of court
9supervision for a violation of Section 11-501 of the Illinois
10Vehicle Code or a similar provision of a local ordinance shall,
11in addition to any other fines, fees, and court costs, pay an
12additional fee of $50, which shall be collected by the circuit
13clerk and then remitted to the State Treasurer for deposit into
14the Roadside Memorial Fund, a special fund in the State
15treasury. However, the court may waive the fee if full
16restitution is complied with. Subject to appropriation, all
17moneys in the Roadside Memorial Fund shall be used by the
18Department of Transportation to pay fees imposed under
19subsection (f) of Section 20 of the Roadside Memorial Act. The
20fee shall be remitted by the circuit clerk within one month
21after receipt to the State Treasurer for deposit into the
22Roadside Memorial Fund.
23    (m) Of the amounts collected as fines under subsection (c)
24of Section 411.4 of the Illinois Controlled Substances Act or
25subsection (c) of Section 90 of the Methamphetamine Control and
26Community Protection Act, 99% shall be deposited to the law

 

 

HB3064- 174 -LRB101 10107 LNS 55210 b

1enforcement agency or fund specified and 1% shall be deposited
2into the Circuit Court Clerk Operation and Administrative Fund
3to be used to offset the costs incurred by the Circuit Court
4Clerk in performing the additional duties required to collect
5and disburse funds to entities of State and local government as
6provided by law.
7    (n) In addition to any other fines and court costs assessed
8by the courts, any person who is convicted of or pleads guilty
9to a violation of the Criminal Code of 1961 or the Criminal
10Code of 2012, or a similar provision of a local ordinance, or
11who is convicted of, pleads guilty to, or receives a
12disposition of court supervision for a violation of the
13Illinois Vehicle Code, or a similar provision of a local
14ordinance, shall pay an additional fee of $15 to the clerk of
15the circuit court. This additional fee of $15 shall not be
16considered a part of the fine for purposes of any reduction in
17the fine for time served either before or after sentencing.
18This amount, less 2.5% that shall be used to defray
19administrative costs incurred by the clerk, shall be remitted
20by the clerk to the State Treasurer within 60 days after
21receipt for deposit into the State Police Merit Board Public
22Safety Fund.
23    (o) The amounts collected as fines under Sections 10-9,
2411-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall
25be collected by the circuit clerk and distributed as provided
26under Section 5-9-1.21 of the Unified Code of Corrections in

 

 

HB3064- 175 -LRB101 10107 LNS 55210 b

1lieu of any disbursement under subsection (a) of this Section.
2    (p) In addition to any other fees and penalties imposed,
3any person who is convicted of or pleads guilty to a violation
4of Section 20-1 or Section 20-1.1 of the Criminal Code of 2012
5shall pay an additional fee of $250 to the clerk of the circuit
6court. This additional fee of $250 shall not be considered a
7part of the fine for purposes of any reduction in the fine for
8time served either before or after sentencing. This amount,
9less 2.5% that shall be used to defray administrative costs
10incurred by the clerk, shall be remitted by the clerk to the
11Department of Insurance within 60 days after receipt for
12deposit into the George Bailey Memorial Fund.
13(Source: P.A. 98-658, eff. 6-23-14; 98-1013, eff. 1-1-15;
1499-78, eff. 7-20-15; 99-455, eff. 1-1-16.)
 
15    (705 ILCS 105/27.7)
16    Sec. 27.7. Children's waiting room. The expense of
17establishing and maintaining a children's waiting room for
18children whose parents or guardians are attending a court
19hearing as a litigant, witness, or for other court purposes as
20determined by the court may be borne by the county. To defray
21that expense in any county having established a children's
22waiting room or that elects to establish such a system, the
23county board may require the clerk of the circuit court in the
24county to charge and collect a children's waiting room fee of
25not more than $10 through December 31, 2021 and not more than

 

 

HB3064- 176 -LRB101 10107 LNS 55210 b

1$8 on and after January 1, 2022. The fee shall be paid at the
2time of filing the first pleading, paper, or other appearance
3filed by each party in all civil cases. No additional fee shall
4be required if more than one party is presented in a single
5pleading, paper, or other appearance. The fee shall be
6collected in the manner in which all other fees or costs are
7collected.
8    Each clerk shall commence the charges and collection upon
9receipt of written notice from the chairman of the county board
10together with a certified copy of the board's resolution. The
11clerk shall file the resolution of record in his or her office.
12    The fees shall be in addition to all other fees and charges
13of the clerks, shall be assessable as costs, and may be waived
14only if the judge specifically provides for the waiver of the
15children's waiting room fee. The fees shall be remitted monthly
16by the clerk to the county treasurer, to be retained by the
17treasurer in a special fund designated as the children's
18waiting room fund. The fund shall be audited by the county
19auditor, and the county board shall make expenditure from the
20fund in payment of any cost related to the establishment and
21maintenance of the children's waiting room, including
22personnel, heat, light, telephone, security, rental of space,
23or any other item in connection with the operation of a
24children's waiting room.
25    The fees shall not be charged in any matter coming to the
26clerk on a change of venue, nor in any proceeding to review the

 

 

HB3064- 177 -LRB101 10107 LNS 55210 b

1decision of any administrative officer, agency, or body.
2(Source: P.A. 99-859, eff. 8-19-16.)
 
3    Section 100. The Juvenile Court Act of 1987 is amended by
4changing Section 5-915 as follows:
 
5    (705 ILCS 405/5-915)
6    (Text of Section before amendment by P.A. 100-987)
7    Sec. 5-915. Expungement of juvenile law enforcement and
8juvenile court records.
9    (0.05) (Blank).
10    (0.1) (a) Except as otherwise provided in subsection (0.15)
11of this Section, the Department of State Police and all law
12enforcement agencies within the State shall automatically
13expunge, on or before January 1 of each year, all juvenile law
14enforcement records relating to events occurring before an
15individual's 18th birthday if:
16        (1) one year or more has elapsed since the date of the
17    arrest or law enforcement interaction documented in the
18    records;
19        (2) no petition for delinquency or criminal charges
20    were filed with the clerk of the circuit court relating to
21    the arrest or law enforcement interaction documented in the
22    records; and
23        (3) 6 months have elapsed since the date of the arrest
24    without an additional subsequent arrest or filing of a

 

 

HB3064- 178 -LRB101 10107 LNS 55210 b

1    petition for delinquency or criminal charges whether
2    related or not to the arrest or law enforcement interaction
3    documented in the records.
4    (b) If the law enforcement agency is unable to verify
5satisfaction of conditions (2) and (3) of this subsection
6(0.1), records that satisfy condition (1) of this subsection
7(0.1) shall be automatically expunged if the records relate to
8an offense that if committed by an adult would not be an
9offense classified as Class 2 felony or higher, an offense
10under Article 11 of the Criminal Code of 1961 or Criminal Code
11of 2012, or an offense under Section 12-13, 12-14, 12-14.1,
1212-15, or 12-16 of the Criminal Code of 1961.
13    (0.15) If a juvenile law enforcement record meets paragraph
14(a) of subsection (0.1) of this Section, a juvenile law
15enforcement record created:
16        (1) prior to January 1, 2018, but on or after January
17    1, 2013 shall be automatically expunged prior to January 1,
18    2020;
19        (2) prior to January 1, 2013, but on or after January
20    1, 2000, shall be automatically expunged prior to January
21    1, 2023; and
22        (3) prior to January 1, 2000 shall not be subject to
23    the automatic expungement provisions of this Act.
24Nothing in this subsection (0.15) shall be construed to
25restrict or modify an individual's right to have his or her
26juvenile law enforcement records expunged except as otherwise

 

 

HB3064- 179 -LRB101 10107 LNS 55210 b

1may be provided in this Act.
2    (0.2) (a) Upon dismissal of a petition alleging delinquency
3or upon a finding of not delinquent, the successful termination
4of an order of supervision, or the successful termination of an
5adjudication for an offense which would be a Class B
6misdemeanor, Class C misdemeanor, or a petty or business
7offense if committed by an adult, the court shall automatically
8order the expungement of the juvenile court records and
9juvenile law enforcement records. The clerk shall deliver a
10certified copy of the expungement order to the Department of
11State Police and the arresting agency. Upon request, the
12State's Attorney shall furnish the name of the arresting
13agency. The expungement shall be completed within 60 business
14days after the receipt of the expungement order.
15    (b) If the chief law enforcement officer of the agency, or
16his or her designee, certifies in writing that certain
17information is needed for a pending investigation involving the
18commission of a felony, that information, and information
19identifying the juvenile, may be retained until the statute of
20limitations for the felony has expired. If the chief law
21enforcement officer of the agency, or his or her designee,
22certifies in writing that certain information is needed with
23respect to an internal investigation of any law enforcement
24office, that information and information identifying the
25juvenile may be retained within an intelligence file until the
26investigation is terminated or the disciplinary action,

 

 

HB3064- 180 -LRB101 10107 LNS 55210 b

1including appeals, has been completed, whichever is later.
2Retention of a portion of a juvenile's law enforcement record
3does not disqualify the remainder of his or her record from
4immediate automatic expungement.
5    (0.3) (a) Upon an adjudication of delinquency based on any
6offense except a disqualified offense, the juvenile court shall
7automatically order the expungement of the juvenile court and
8law enforcement records 2 years after the juvenile's case was
9closed if no delinquency or criminal proceeding is pending and
10the person has had no subsequent delinquency adjudication or
11criminal conviction. The clerk shall deliver a certified copy
12of the expungement order to the Department of State Police and
13the arresting agency. Upon request, the State's Attorney shall
14furnish the name of the arresting agency. The expungement shall
15be completed within 60 business days after the receipt of the
16expungement order. In 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

 

 

HB3064- 181 -LRB101 10107 LNS 55210 b

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 juvenile law enforcement record does not
17disqualify the remainder of his or her record from immediate
18automatic expungement.
19    (0.4) Automatic expungement for the purposes of this
20Section shall not require law enforcement agencies to
21obliterate or otherwise destroy juvenile law enforcement
22records that would otherwise need to be automatically expunged
23under this Act, except after 2 years following the subject
24arrest for purposes of use in civil litigation against a
25governmental entity or its law enforcement agency or personnel
26which created, maintained, or used the records. However these

 

 

HB3064- 182 -LRB101 10107 LNS 55210 b

1juvenile law enforcement records shall be considered expunged
2for all other purposes during this period and the offense,
3which the records or files concern, shall be treated as if it
4never occurred as required under Section 5-923.
5    (0.5) Subsection (0.1) or (0.2) of this Section does not
6apply to violations of traffic, boating, fish and game laws, or
7county or municipal ordinances.
8    (0.6) Juvenile law enforcement records of a plaintiff who
9has filed civil litigation against the governmental entity or
10its law enforcement agency or personnel that created,
11maintained, or used the records or juvenile law enforcement
12records that contain information related to the allegations set
13forth in the civil litigation may not be expunged until after 2
14years have elapsed after the conclusion of the lawsuit,
15including any appeal.
16    (0.7) Officer-worn body camera recordings shall not be
17automatically expunged except as otherwise authorized by the
18Law Enforcement Officer-Worn Body Camera Act.
19    (1) Whenever a person has been arrested, charged, or
20adjudicated delinquent for an incident occurring before his or
21her 18th birthday that if committed by an adult would be an
22offense, and that person's juvenile law enforcement and
23juvenile court records are not eligible for automatic
24expungement under subsection (0.1), (0.2), or (0.3), the person
25may petition the court at any time for expungement of juvenile
26law enforcement records and juvenile court records relating to

 

 

HB3064- 183 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 184 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 185 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 186 -LRB101 10107 LNS 55210 b

1    (3) (Blank).
2    (3.1) (Blank).
3    (3.2) (Blank).
4    (3.3) (Blank).
5    (4) (Blank).
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 person who is the
10subject of the records.
11    (6) (Blank).
12    (6.5) The Department of State Police or any employee of the
13Department shall be immune from civil or criminal liability for
14failure to expunge any records of arrest that are subject to
15expungement under this Section because of inability to verify a
16record. Nothing in this Section shall create Department of
17State Police liability or responsibility for the expungement of
18juvenile law enforcement records it does not possess.
19    (7) (Blank).
20    (7.5) (Blank).
21    (8)(a) (Blank).
22    (b) (Blank).
23    (c) The expungement of juvenile law enforcement or juvenile
24court records under subsection (0.1), (0.2), or (0.3) of this
25Section shall be funded by the additional fine imposed under
26Section 5-9-1.17 of the Unified Code of Corrections.

 

 

HB3064- 187 -LRB101 10107 LNS 55210 b

1    (9) (Blank).
2    (10) (Blank).
3(Source: P.A. 99-835, eff. 1-1-17; 99-881, eff. 1-1-17;
4100-201, eff. 8-18-17; 100-285, eff. 1-1-18; 100-720, eff.
58-3-18; 100-863, eff. 8-14-18; 100-1162, eff. 12-20-18.)
 
6    (Text of Section after amendment by P.A. 100-987)
7    Sec. 5-915. Expungement of juvenile law enforcement and
8juvenile court records.
9    (0.05) (Blank).
10    (0.1) (a) The Department of State Police and all law
11enforcement agencies within the State shall automatically
12expunge, on or before January 1 of each year, all juvenile law
13enforcement records relating to events occurring before an
14individual's 18th birthday if:
15        (1) one year or more has elapsed since the date of the
16    arrest or law enforcement interaction documented in the
17    records;
18        (2) no petition for delinquency or criminal charges
19    were filed with the clerk of the circuit court relating to
20    the arrest or law enforcement interaction documented in the
21    records; and
22        (3) 6 months have elapsed since the date of the arrest
23    without an additional subsequent arrest or filing of a
24    petition for delinquency or criminal charges whether
25    related or not to the arrest or law enforcement interaction

 

 

HB3064- 188 -LRB101 10107 LNS 55210 b

1    documented in the records.
2    (b) If the law enforcement agency is unable to verify
3satisfaction of conditions (2) and (3) of this subsection
4(0.1), records that satisfy condition (1) of this subsection
5(0.1) shall be automatically expunged if the records relate to
6an offense that if committed by an adult would not be an
7offense classified as Class 2 felony or higher, an offense
8under Article 11 of the Criminal Code of 1961 or Criminal Code
9of 2012, or an offense under Section 12-13, 12-14, 12-14.1,
1012-15, or 12-16 of the Criminal Code of 1961.
11    (0.15) If a juvenile law enforcement record meets paragraph
12(a) of subsection (0.1) of this Section, a juvenile law
13enforcement record created:
14        (1) prior to January 1, 2018, but on or after January
15    1, 2013 shall be automatically expunged prior to January 1,
16    2020;
17        (2) prior to January 1, 2013, but on or after January
18    1, 2000, shall be automatically expunged prior to January
19    1, 2023; and
20        (3) prior to January 1, 2000 shall not be subject to
21    the automatic expungement provisions of this Act.
22Nothing in this subsection (0.15) shall be construed to
23restrict or modify an individual's right to have his or her
24juvenile law enforcement records expunged except as otherwise
25may be provided in this Act.
26    (0.2) (a) Upon dismissal of a petition alleging delinquency

 

 

HB3064- 189 -LRB101 10107 LNS 55210 b

1or upon a finding of not delinquent, the successful termination
2of an order of supervision, or the successful termination of an
3adjudication for an offense which would be a Class B
4misdemeanor, Class C misdemeanor, or a petty or business
5offense if committed by an adult, the court shall automatically
6order the expungement of the juvenile court records and
7juvenile law enforcement records. The clerk shall deliver a
8certified copy of the expungement order to the Department of
9State Police and the arresting agency. Upon request, the
10State's Attorney shall furnish the name of the arresting
11agency. The expungement shall be completed within 60 business
12days after the receipt of the expungement order.
13    (b) If the chief law enforcement officer of the agency, or
14his or her designee, certifies in writing that certain
15information is needed for a pending investigation involving the
16commission of a felony, that information, and information
17identifying the juvenile, may be retained until the statute of
18limitations for the felony has run. If the chief law
19enforcement officer of the agency, or his or her designee,
20certifies in writing that certain information is needed with
21respect to an internal investigation of any law enforcement
22office, that information and information identifying the
23juvenile may be retained within an intelligence file until the
24investigation is terminated or the disciplinary action,
25including appeals, has been completed, whichever is later.
26Retention of a portion of a juvenile's law enforcement record

 

 

HB3064- 190 -LRB101 10107 LNS 55210 b

1does not disqualify the remainder of his or her record from
2immediate automatic expungement.
3    (0.3) (a) Upon an adjudication of delinquency based on any
4offense except a disqualified offense, the juvenile court shall
5automatically order the expungement of the juvenile court and
6law enforcement records 2 years after the juvenile's case was
7closed if no delinquency or criminal proceeding is pending and
8the person has had no subsequent delinquency adjudication or
9criminal conviction. The clerk shall deliver a certified copy
10of the expungement order to the Department of State Police and
11the arresting agency. Upon request, the State's Attorney shall
12furnish the name of the arresting agency. The expungement shall
13be completed within 60 business days after the receipt of the
14expungement order. In this subsection (0.3), "disqualified
15offense" means any of the following offenses: Section 8-1.2,
169-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1,
1710-4, 10-5, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
1811-6, 11-6.5, 12-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2,
1912-6.5, 12-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5,
2018-1, 18-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2,
2124-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9,
2229D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal
23Code of 2012, or subsection (b) of Section 8-1, paragraph (4)
24of subsection (a) of Section 11-14.4, subsection (a-5) of
25Section 12-3.1, paragraph (1), (2), or (3) of subsection (a) of
26Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3,

 

 

HB3064- 191 -LRB101 10107 LNS 55210 b

1paragraph (1) or (2) of subsection (a) of Section 12-7.4,
2subparagraph (i) of paragraph (1) of subsection (a) of Section
312-9, subparagraph (H) of paragraph (3) of subsection (a) of
4Section 24-1.6, paragraph (1) of subsection (a) of Section
525-1, or subsection (a-7) of Section 31-1 of the Criminal Code
6of 2012.
7    (b) If the chief law enforcement officer of the agency, or
8his or her designee, certifies in writing that certain
9information is needed for a pending investigation involving the
10commission of a felony, that information, and information
11identifying the juvenile, may be retained in an intelligence
12file until the investigation is terminated or for one
13additional year, whichever is sooner. Retention of a portion of
14a juvenile's juvenile law enforcement record does not
15disqualify the remainder of his or her record from immediate
16automatic expungement.
17    (0.4) Automatic expungement for the purposes of this
18Section shall not require law enforcement agencies to
19obliterate or otherwise destroy juvenile law enforcement
20records that would otherwise need to be automatically expunged
21under this Act, except after 2 years following the subject
22arrest for purposes of use in civil litigation against a
23governmental entity or its law enforcement agency or personnel
24which created, maintained, or used the records. However these
25juvenile law enforcement records shall be considered expunged
26for all other purposes during this period and the offense,

 

 

HB3064- 192 -LRB101 10107 LNS 55210 b

1which the records or files concern, shall be treated as if it
2never occurred as required under Section 5-923.
3    (0.5) Subsection (0.1) or (0.2) of this Section does not
4apply to violations of traffic, boating, fish and game laws, or
5county or municipal ordinances.
6    (0.6) Juvenile law enforcement records of a plaintiff who
7has filed civil litigation against the governmental entity or
8its law enforcement agency or personnel that created,
9maintained, or used the records, or juvenile law enforcement
10records that contain information related to the allegations set
11forth in the civil litigation may not be expunged until after 2
12years have elapsed after the conclusion of the lawsuit,
13including any appeal.
14    (0.7) Officer-worn body camera recordings shall not be
15automatically expunged except as otherwise authorized by the
16Law Enforcement Officer-Worn Body Camera Act.
17    (1) Whenever a person has been arrested, charged, or
18adjudicated delinquent for an incident occurring before his or
19her 18th birthday that if committed by an adult would be an
20offense, and that person's juvenile law enforcement and
21juvenile court records are not eligible for automatic
22expungement under subsection (0.1), (0.2), or (0.3), the person
23may petition the court at any time for expungement of juvenile
24law enforcement records and juvenile court records relating to
25the incident and, upon termination of all juvenile court
26proceedings relating to that incident, the court shall order

 

 

HB3064- 193 -LRB101 10107 LNS 55210 b

1the expungement of all records in the possession of the
2Department of State Police, the clerk of the circuit court, and
3law enforcement agencies relating to the incident, but only in
4any of the following circumstances:
5        (a) the minor was arrested and no petition for
6    delinquency was filed with the clerk of the circuit court;
7        (a-5) the minor was charged with an offense and the
8    petition or petitions were dismissed without a finding of
9    delinquency;
10        (b) the minor was charged with an offense and was found
11    not delinquent of that offense;
12        (c) the minor was placed under supervision under
13    Section 5-615, and the order of supervision has since been
14    successfully terminated; or
15        (d) the minor was adjudicated for an offense which
16    would be a Class B misdemeanor, Class C misdemeanor, or a
17    petty or business offense if committed by an adult.
18    (1.5) The Department of State Police shall allow a person
19to use the Access and Review process, established in the
20Department of State Police, for verifying that his or her
21juvenile law enforcement records relating to incidents
22occurring before his or her 18th birthday eligible under this
23Act have been expunged.
24    (1.6) (Blank).
25    (1.7) (Blank).
26    (1.8) (Blank).

 

 

HB3064- 194 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 195 -LRB101 10107 LNS 55210 b

1court records obtained from the clerk of the circuit court.
2    (2.6) If a minor is referred to court then at the time of
3sentencing or dismissal of the case, or successful completion
4of supervision, the judge shall inform the delinquent minor of
5his or her rights regarding expungement and the clerk of the
6circuit court shall provide an expungement information packet
7to the minor, written in plain language, including information
8regarding this State's expungement laws and a petition for
9expungement, a sample of a completed petition, expungement
10instructions that shall include information informing the
11minor that (i) once the case is expunged, it shall be treated
12as if it never occurred, (ii) he or she may apply to have
13petition fees waived, (iii) once he or she obtains an
14expungement, he or she may not be required to disclose that he
15or she had a juvenile law enforcement or juvenile court record,
16and (iv) if petitioning he or she may file the petition on his
17or her own or with the assistance of an attorney. The failure
18of the judge to inform the delinquent minor of his or her right
19to petition for expungement as provided by law does not create
20a substantive right, nor is that failure grounds for: (i) a
21reversal of an adjudication of delinquency, (ii) a new trial;
22or (iii) an appeal.
23    (2.7) (Blank).
24    (2.8) (Blank).
25    (3) (Blank).
26    (3.1) (Blank).

 

 

HB3064- 196 -LRB101 10107 LNS 55210 b

1    (3.2) (Blank).
2    (3.3) (Blank).
3    (4) (Blank).
4    (5) (Blank).
5    (5.5) Whether or not expunged, records eligible for
6automatic expungement under subdivision (0.1)(a), (0.2)(a), or
7(0.3)(a) may be treated as expunged by the individual subject
8to the records.
9    (6) (Blank).
10    (6.5) The Department of State Police or any employee of the
11Department shall be immune from civil or criminal liability for
12failure to expunge any records of arrest that are subject to
13expungement under this Section because of inability to verify a
14record. Nothing in this Section shall create Department of
15State Police liability or responsibility for the expungement of
16juvenile law enforcement records it does not possess.
17    (7) (Blank).
18    (7.5) (Blank).
19    (8)(a) (Blank).
20    (b) (Blank).
21    (c) The expungement of juvenile law enforcement or juvenile
22court records under subsection (0.1), (0.2), or (0.3) of this
23Section shall be funded by the additional fine imposed under
24Section 5-9-1.17 of the Unified Code of Corrections
25appropriation by the General Assembly for that purpose.
26    (9) (Blank).

 

 

HB3064- 197 -LRB101 10107 LNS 55210 b

1    (10) (Blank).
2(Source: P.A. 99-835, eff. 1-1-17; 99-881, eff. 1-1-17;
3100-201, eff. 8-18-17; 100-285, eff. 1-1-18; 100-720, eff.
48-3-18; 100-863, eff. 8-14-18; 100-987, eff. 7-1-19; 100-1162,
5eff. 12-20-18.)
 
6    Section 105. The Criminal Code of 2012 is amended by
7changing Section 12-3.4 as follows:
 
8    (720 ILCS 5/12-3.4)  (was 720 ILCS 5/12-30)
9    Sec. 12-3.4. Violation of an order of protection.
10    (a) A person commits violation of an order of protection
11if:
12        (1) He or she knowingly commits an act which was
13    prohibited by a court or fails to commit an act which was
14    ordered by a court in violation of:
15            (i) a remedy in a valid order of protection
16        authorized under paragraphs (1), (2), (3), (14), or
17        (14.5) of subsection (b) of Section 214 of the Illinois
18        Domestic Violence Act of 1986,
19            (ii) a remedy, which is substantially similar to
20        the remedies authorized under paragraphs (1), (2),
21        (3), (14) or (14.5) of subsection (b) of Section 214 of
22        the Illinois Domestic Violence Act of 1986, in a valid
23        order of protection, which is authorized under the laws
24        of another state, tribe or United States territory,

 

 

HB3064- 198 -LRB101 10107 LNS 55210 b

1            (iii) any other remedy when the act constitutes a
2        crime against the protected parties as the term
3        protected parties is defined in Section 112A-4 of the
4        Code of Criminal Procedure of 1963; and
5        (2) Such violation occurs after the offender has been
6    served notice of the contents of the order, pursuant to the
7    Illinois Domestic Violence Act of 1986 or any substantially
8    similar statute of another state, tribe or United States
9    territory, or otherwise has acquired actual knowledge of
10    the contents of the order.
11    An order of protection issued by a state, tribal or
12territorial court related to domestic or family violence shall
13be deemed valid if the issuing court had jurisdiction over the
14parties and matter under the law of the state, tribe or
15territory. There shall be a presumption of validity where an
16order is certified and appears authentic on its face. For
17purposes of this Section, an "order of protection" may have
18been issued in a criminal or civil proceeding.
19    (a-5) Failure to provide reasonable notice and opportunity
20to be heard shall be an affirmative defense to any charge or
21process filed seeking enforcement of a foreign order of
22protection.
23    (b) Nothing in this Section shall be construed to diminish
24the inherent authority of the courts to enforce their lawful
25orders through civil or criminal contempt proceedings.
26    (c) The limitations placed on law enforcement liability by

 

 

HB3064- 199 -LRB101 10107 LNS 55210 b

1Section 305 of the Illinois Domestic Violence Act of 1986 apply
2to actions taken under this Section.
3    (d) Violation of an order of protection is a Class A
4misdemeanor. Violation of an order of protection is a Class 4
5felony if the defendant has any prior conviction under this
6Code for domestic battery (Section 12-3.2) or violation of an
7order of protection (Section 12-3.4 or 12-30) or any prior
8conviction under the law of another jurisdiction for an offense
9that could be charged in this State as a domestic battery or
10violation of an order of protection. Violation of an order of
11protection is a Class 4 felony if the defendant has any prior
12conviction under this Code for first degree murder (Section
139-1), attempt to commit first degree murder (Section 8-4),
14aggravated domestic battery (Section 12-3.3), aggravated
15battery (Section 12-3.05 or 12-4), heinous battery (Section
1612-4.1), aggravated battery with a firearm (Section 12-4.2),
17aggravated battery with a machine gun or a firearm equipped
18with a silencer (Section 12-4.2-5), aggravated battery of a
19child (Section 12-4.3), aggravated battery of an unborn child
20(subsection (a-5) of Section 12-3.1, or Section 12-4.4),
21aggravated battery of a senior citizen (Section 12-4.6),
22stalking (Section 12-7.3), aggravated stalking (Section
2312-7.4), criminal sexual assault (Section 11-1.20 or 12-13),
24aggravated criminal sexual assault (Section 11-1.30 or 12-14),
25kidnapping (Section 10-1), aggravated kidnapping (Section
2610-2), predatory criminal sexual assault of a child (Section

 

 

HB3064- 200 -LRB101 10107 LNS 55210 b

111-1.40 or 12-14.1), aggravated criminal sexual abuse (Section
211-1.60 or 12-16), unlawful restraint (Section 10-3),
3aggravated unlawful restraint (Section 10-3.1), aggravated
4arson (Section 20-1.1), aggravated discharge of a firearm
5(Section 24-1.2), or a violation of any former law of this
6State that is substantially similar to any listed offense, or
7any prior conviction under the law of another jurisdiction for
8an offense that could be charged in this State as one of the
9offenses listed in this Section, when any of these offenses
10have been committed against a family or household member as
11defined in Section 112A-3 of the Code of Criminal Procedure of
121963. The court shall impose a minimum penalty of 24 hours
13imprisonment for defendant's second or subsequent violation of
14any order of protection; unless the court explicitly finds that
15an increased penalty or such period of imprisonment would be
16manifestly unjust. In addition to any other penalties, the
17court may order the defendant to pay a fine as authorized under
18Section 5-9-1 of the Unified Code of Corrections or to make
19restitution to the victim under Section 5-5-6 of the Unified
20Code of Corrections. In addition to any other penalties,
21including those imposed by Section 5-9-1.5 of the Unified Code
22of Corrections, the court shall impose an additional fine of
23$20 as authorized by Section 5-9-1.11 of the Unified Code of
24Corrections upon any person convicted of or placed on
25supervision for a violation of this Section. The additional
26fine shall be imposed for each violation of this Section.

 

 

HB3064- 201 -LRB101 10107 LNS 55210 b

1    (e) (Blank).
2    (f) A defendant who directed the actions of a third party
3to violate this Section, under the principles of accountability
4set forth in Article 5 of this Code, is guilty of violating
5this Section as if the same had been personally done by the
6defendant, without regard to the mental state of the third
7party acting at the direction of the defendant.
8(Source: P.A. 96-1551, Article 1, Section 5, eff. 7-1-11;
996-1551, Article 2, Section 1035, eff. 7-1-11; incorporates
1097-311, eff. 8-11-11; 97-919, eff. 8-10-12; 97-1109, eff.
111-1-13.)
 
12    Section 110. The Cannabis Control Act is amended by
13reenacting Section 10.3 as follows:
 
14    (720 ILCS 550/10.3)  (from Ch. 56 1/2, par. 710.3)
15    Sec. 10.3. (a) Every person convicted of a violation of
16this Act, and every person placed on probation, conditional
17discharge, supervision or probation under Section 10 of this
18Act, shall be assessed for each offense a sum fixed at:
19        (1) $3,000 for a Class X felony;
20        (2) $2,000 for a Class 1 felony;
21        (3) $1,000 for a Class 2 felony;
22        (4) $500 for a Class 3 or Class 4 felony;
23        (5) $300 for a Class A misdemeanor;
24        (6) $200 for a Class B or Class C misdemeanor.

 

 

HB3064- 202 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 203 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 204 -LRB101 10107 LNS 55210 b

1deemed to affect or suspend any other fines, restitution costs,
2forfeitures or assessments imposed under this or any other Act.
3    (g) The court shall not impose more than one assessment per
4complaint, indictment or information. If the person is
5convicted of more than one offense in a complaint, indictment
6or information, the assessment shall be based on the highest
7class offense for which the person is convicted.
8    (h) All moneys collected under this Section shall be
9forwarded by the clerk of the circuit court to the State
10Treasurer for deposit in the Drug Treatment Fund and expended
11as provided in Section 411.2 of the Illinois Controlled
12Substances Act.
13(Source: P.A. 87-772.)
 
14    Section 115. The Illinois Controlled Substances Act is
15amended by changing Section 411.2 as follows:
 
16    (720 ILCS 570/411.2)  (from Ch. 56 1/2, par. 1411.2)
17    Sec. 411.2. Drug Treatment Fund; drug treatment grants.
18    (a) (Blank). Every person convicted of a violation of this
19Act, and every person placed on probation, conditional
20discharge, supervision or probation under Section 410 of this
21Act, shall be assessed for each offense a sum fixed at:
22        (1) $3,000 for a Class X felony;
23        (2) $2,000 for a Class 1 felony;
24        (3) $1,000 for a Class 2 felony;

 

 

HB3064- 205 -LRB101 10107 LNS 55210 b

1        (4) $500 for a Class 3 or Class 4 felony;
2        (5) $300 for a Class A misdemeanor;
3        (6) $200 for a Class B or Class C misdemeanor.
4    (b) (Blank). The assessment under this Section is in
5addition to and not in lieu of any fines, restitution costs,
6forfeitures or other assessments authorized or required by law.
7    (c) (Blank). As a condition of the assessment, the court
8may require that payment be made in specified installments or
9within a specified period of time. If the assessment is not
10paid within the period of probation, conditional discharge or
11supervision to which the defendant was originally sentenced,
12the court may extend the period of probation, conditional
13discharge or supervision pursuant to Section 5-6-2 or 5-6-3.1
14of the Unified Code of Corrections, as applicable, until the
15assessment is paid or until successful completion of public or
16community service set forth in subsection (e) or the successful
17completion of the substance abuse intervention or treatment
18program set forth in subsection (f). If a term of probation,
19conditional discharge or supervision is not imposed, the
20assessment shall be payable upon judgment or as directed by the
21court.
22    (d) (Blank). If an assessment for a violation of this Act
23is imposed on an organization, it is the duty of each
24individual authorized to make disbursements of the assets of
25the organization to pay the assessment from assets of the
26organization.

 

 

HB3064- 206 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 207 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 208 -LRB101 10107 LNS 55210 b

1alcohol, cannabis or controlled substances, or with care for
2minor, unemancipated children of women undergoing residential
3drug treatment, or intervention, the funds shall be used for
4the treatment of any person addicted to alcohol, cannabis or
5controlled substances. The Department may adopt such rules as
6it deems appropriate for the administration of such grants.
7    (i) (Blank). In counties over 3,000,000, all moneys
8collected under this Section shall be forwarded to the County
9Treasurer for deposit into the County Health Fund. The County
10Treasurer shall, no later than the 15th day of each month,
11forward to the State Treasurer 30 percent of all moneys
12collected under this Act and received into the County Health
13Fund since the prior remittance to the State Treasurer. Funds
14retained by the County shall be used for community-based
15treatment of pregnant women who are addicted to alcohol,
16cannabis, or controlled substances or for the needed care of
17minor, unemancipated children of these women. Funds forwarded
18to the State Treasurer shall be deposited into the State Drug
19Treatment Fund maintained by the State Treasurer from which the
20Department of Human Services may make grants to persons
21licensed under Section 15-10 of the Alcoholism and Other Drug
22Abuse and Dependency Act or to municipalities or counties from
23funds appropriated to the Department from the Drug Treatment
24Fund, provided that the moneys collected from each county be
25returned proportionately to the counties through grants to
26licensees located within the county from which the assessment

 

 

HB3064- 209 -LRB101 10107 LNS 55210 b

1was received and moneys in the State Drug Treatment Fund shall
2not supplant other local, State or federal funds. If the
3Department of Human Services grants funds to a municipality or
4county that the Department determines is not experiencing a
5problem with pregnant women addicted to alcohol, cannabis or
6controlled substances, or with care for minor, unemancipated
7children or women undergoing residential drug treatment, the
8funds shall be used for the treatment of any person addicted to
9alcohol, cannabis or controlled substances. The Department may
10adopt such rules as it deems appropriate for the administration
11of such grants.
12(Source: P.A. 97-334, eff. 1-1-12.)
 
13    Section 120. The Illinois Controlled Substances Act is
14amended by reenacting Section 411.4 as follows:
 
15    (720 ILCS 570/411.4)
16    Sec. 411.4. Reimbursement of unit of government for
17emergency response.
18    (a) As used in this Section, "emergency response" means the
19act of collecting evidence from or securing a site where
20controlled substances were manufactured, or where by-products
21from the manufacture of controlled substances are present, and
22cleaning up the site, whether these actions are performed by
23public entities or private contractors paid by public entities.
24    (b) Every person convicted of violating Section 401, 407,

 

 

HB3064- 210 -LRB101 10107 LNS 55210 b

1or 407.2 of this Act whose violation proximately caused any
2incident resulting in an appropriate emergency response shall
3be liable for the expense of an emergency response and shall be
4assessed a fine of $750, payable to the circuit clerk, who
5shall distribute the money to the law enforcement agency that
6made the arrest. If the person has been previously convicted of
7violating Section 401, 407, or 407.2 of this Act, the fine
8shall be $1,000, and the circuit clerk shall distribute the
9money to the law enforcement agency that made the arrest. In
10the event that more than one agency is responsible for the
11arrest, the amount payable to law enforcement agencies shall be
12shared equally. Any moneys received by a law enforcement agency
13under this Section shall be used for law enforcement expenses.
14    Any moneys collected for the Illinois State Police shall be
15deposited into the Traffic and Criminal Conviction Surcharge
16Fund.
17(Source: P.A. 97-434, eff. 1-1-12.)
 
18    Section 125. The Methamphetamine Control and Community
19Protection Act is amended by changing Sections 80 and 90 as
20follows:
 
21    (720 ILCS 646/80)
22    Sec. 80. Drug treatment grants Assessment.
23    (a) (Blank). Every person convicted of a violation of this
24Act, and every person placed on probation, conditional

 

 

HB3064- 211 -LRB101 10107 LNS 55210 b

1discharge, supervision, or probation under this Act, shall be
2assessed for each offense a sum fixed at:
3        (1) $3,000 for a Class X felony;
4        (2) $2,000 for a Class 1 felony;
5        (3) $1,000 for a Class 2 felony;
6        (4) $500 for a Class 3 or Class 4 felony.
7    (b) (Blank). The assessment under this Section is in
8addition to and not in lieu of any fines, restitution, costs,
9forfeitures, or other assessments authorized or required by
10law.
11    (c) (Blank). As a condition of the assessment, the court
12may require that payment be made in specified installments or
13within a specified period of time. If the assessment is not
14paid within the period of probation, conditional discharge, or
15supervision to which the defendant was originally sentenced,
16the court may extend the period of probation, conditional
17discharge, or supervision pursuant to Section 5-6-2 or 5-6-3.1
18of the Unified Code of Corrections, as applicable, until the
19assessment is paid or until successful completion of public or
20community service set forth in subsection (e) or the successful
21completion of the substance abuse intervention or treatment
22program set forth in subsection (f). If a term of probation,
23conditional discharge, or supervision is not imposed, the
24assessment shall be payable upon judgment or as directed by the
25court.
26    (d) (Blank). If an assessment for a violation of this Act

 

 

HB3064- 212 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 213 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 214 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 215 -LRB101 10107 LNS 55210 b

1each county be returned proportionately to the counties through
2grants to licensees located within the county from which the
3assessment was received and moneys in the State Drug Treatment
4Fund shall not supplant other local, State or federal funds. If
5the Department of Human Services grants funds to a municipality
6or county that the Department determines is not experiencing a
7problem with pregnant women addicted to alcohol, cannabis or
8controlled substances, or with care for minor, unemancipated
9children or women undergoing residential drug treatment, the
10funds shall be used for the treatment of any person addicted to
11alcohol, cannabis or controlled substances. The Department may
12adopt such rules as it deems appropriate for the administration
13of such grants.
14(Source: P.A. 94-556, eff. 9-11-05.)
 
15    (720 ILCS 646/90)
16    Sec. 90. Methamphetamine restitution.
17    (a) If a person commits a violation of this Act in a manner
18that requires an emergency response, the person shall be
19required to make restitution to all public entities involved in
20the emergency response, to cover the reasonable cost of their
21participation in the emergency response, including but not
22limited to regular and overtime costs incurred by local law
23enforcement agencies and private contractors paid by the public
24agencies in securing the site. The convicted person shall make
25this restitution in addition to any other fine or penalty

 

 

HB3064- 216 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 217 -LRB101 10107 LNS 55210 b

1this Section shall be used for law enforcement expenses.
2    Any moneys collected for the Illinois State Police shall be
3remitted to the State Treasurer and deposited into the State
4Police Operations Assistance Fund Traffic and Criminal
5Conviction Surcharge Fund.
6(Source: P.A. 97-434, eff. 1-1-12.)
 
7    (725 ILCS 5/124A-20 rep.)  (as added by Public Act 100-987)
8    Section 130. The Code of Criminal Procedure of 1963 is
9amended by repealing Section 124A-20, as added by Public Act
10100-987.
 
11    Section 135. The Violent Crime Victims Assistance Act is
12amended by changing Section 10 as follows:
 
13    (725 ILCS 240/10)  (from Ch. 70, par. 510)
14    Sec. 10. Violent Crime Victims Assistance Fund.
15    (a) The "Violent Crime Victims Assistance Fund" is created
16as a special fund in the State Treasury to provide monies for
17the grants to be awarded under this Act.
18    (b) (Blank). When any person is convicted in Illinois of an
19offense listed below, or placed on supervision for that offense
20on or after July 1, 2012, the court shall impose the following
21fines:
22        (1) $100 for any felony;
23        (2) $50 for any offense under the Illinois Vehicle

 

 

HB3064- 218 -LRB101 10107 LNS 55210 b

1    Code, exclusive of offenses enumerated in paragraph (a)(2)
2    of Section 6-204 of that Code, and exclusive of any offense
3    enumerated in Article VI of Chapter 11 of that Code
4    relating to restrictions, regulations, and limitations on
5    the speed at which a motor vehicle is driven or operated;
6    and
7        (3) $75 for any misdemeanor, excluding a conservation
8    offense.
9    Notwithstanding any other provision of this Section, the
10penalty established in this Section shall be assessed for any
11violation of Section 11-601.5, 11-605.2, or 11-605.3 of the
12Illinois Vehicle Code.
13    The Clerk of the Circuit Court shall remit moneys collected
14under this subsection (b) within one month after receipt to the
15State Treasurer for deposit into the Violent Crime Victims
16Assistance Fund, except as provided in subsection (g) of this
17Section. Such additional penalty shall not be considered a part
18of the fine for purposes of any reduction made in the fine for
19time served either before or after sentencing. Not later than
20March 1 of each year the Clerk of the Circuit Court shall
21submit to the State Comptroller a report of the amount of funds
22remitted by him to the State Treasurer under this Section
23during the preceding calendar year.
24    (c) (Blank). The charge imposed by subsection (b) shall not
25be subject to the provisions of Section 110-14 of the Code of
26Criminal Procedure of 1963.

 

 

HB3064- 219 -LRB101 10107 LNS 55210 b

1    (d) Monies forfeited, and proceeds from the sale of
2property forfeited and seized, under the forfeiture provisions
3set forth in Part 500 of Article 124B of the Code of Criminal
4Procedure of 1963 shall be accepted for the Violent Crime
5Victims Assistance Fund.
6    (e) Investment income which is attributable to the
7investment of monies in the Violent Crime Victims Assistance
8Fund shall be credited to that fund for uses specified in this
9Act. The Treasurer shall provide the Attorney General a monthly
10status report on the amount of money in the Fund.
11    (f) Monies from the fund may be granted on and after July
121, 1984.
13    (g) (Blank). All amounts and charges imposed under this
14Section for any violation of Chapters 3, 4, 6, and 11 of the
15Illinois Vehicle Code, or a similar provision of a local
16ordinance, or any violation of the Child Passenger Protection
17Act, or a similar provision of a local ordinance, shall be
18collected and disbursed by the circuit clerk as provided under
19Section 27.5 of the Clerks of Courts Act.
20(Source: P.A. 96-712, eff. 1-1-10; 97-108, eff. 7-14-11;
2197-816, eff. 7-16-12.)
 
22    Section 140. The Unified Code of Corrections is amended by
23changing Sections 5-4-3, 5-4.5-50, 5-4.5-55, 5-4.5-60,
245-4.5-65, 5-4.5-75, 5-4.5-80, 5-5-3, 5-5-6, 5-6-1, 5-6-3,
255-6-3.1, 5-7-1, 5-9-1, 5-9-1.4, 5-9-1.7, 5-9-1.9, 5-9-1.11,

 

 

HB3064- 220 -LRB101 10107 LNS 55210 b

15-9-1.16, and 5-9-1.21 as follows:
 
2    (730 ILCS 5/5-4-3)  (from Ch. 38, par. 1005-4-3)
3    Sec. 5-4-3. Specimens; genetic marker groups.
4    (a) Any person convicted of, found guilty under the
5Juvenile Court Act of 1987 for, or who received a disposition
6of court supervision for, a qualifying offense or attempt of a
7qualifying offense, convicted or found guilty of any offense
8classified as a felony under Illinois law, convicted or found
9guilty of any offense requiring registration under the Sex
10Offender Registration Act, found guilty or given supervision
11for any offense classified as a felony under the Juvenile Court
12Act of 1987, convicted or found guilty of, under the Juvenile
13Court Act of 1987, any offense requiring registration under the
14Sex Offender Registration Act, or institutionalized as a
15sexually dangerous person under the Sexually Dangerous Persons
16Act, or committed as a sexually violent person under the
17Sexually Violent Persons Commitment Act shall, regardless of
18the sentence or disposition imposed, be required to submit
19specimens of blood, saliva, or tissue to the Illinois
20Department of State Police in accordance with the provisions of
21this Section, provided such person is:
22        (1) convicted of a qualifying offense or attempt of a
23    qualifying offense on or after July 1, 1990 and sentenced
24    to a term of imprisonment, periodic imprisonment, fine,
25    probation, conditional discharge or any other form of

 

 

HB3064- 221 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 222 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 223 -LRB101 10107 LNS 55210 b

1days after sentencing or disposition at a collection site
2designated by the Illinois Department of State Police. Any
3person serving a sentence of life imprisonment in a facility of
4the Illinois Department of Corrections on the effective date of
5this amendatory Act of the 94th General Assembly or any person
6who is under a sentence of death on the effective date of this
7amendatory Act of the 94th General Assembly shall be required
8to provide a specimen of blood, saliva, or tissue upon request
9at a collection site designated by the Illinois Department of
10State Police.
11    (a-3) Any person seeking transfer to or residency in
12Illinois under Sections 3-3-11.05 through 3-3-11.5 of this
13Code, the Interstate Compact for Adult Offender Supervision, or
14the Interstate Agreements on Sexually Dangerous Persons Act
15shall be required to provide a specimen of blood, saliva, or
16tissue within 45 days after transfer to or residency in
17Illinois at a collection site designated by the Illinois
18Department of State Police.
19    (a-3.1) Any person required by an order of the court to
20submit a DNA specimen shall be required to provide a specimen
21of blood, saliva, or tissue within 45 days after the court
22order at a collection site designated by the Illinois
23Department of State Police.
24    (a-3.2) On or after January 1, 2012 (the effective date of
25Public Act 97-383), any person arrested for any of the
26following offenses, after an indictment has been returned by a

 

 

HB3064- 224 -LRB101 10107 LNS 55210 b

1grand jury, or following a hearing pursuant to Section 109-3 of
2the Code of Criminal Procedure of 1963 and a judge finds there
3is probable cause to believe the arrestee has committed one of
4the designated offenses, or an arrestee has waived a
5preliminary hearing shall be required to provide a specimen of
6blood, saliva, or tissue within 14 days after such indictment
7or hearing at a collection site designated by the Illinois
8Department of State Police:
9        (A) first degree murder;
10        (B) home invasion;
11        (C) predatory criminal sexual assault of a child;
12        (D) aggravated criminal sexual assault; or
13        (E) criminal sexual assault.
14    (a-3.3) Any person required to register as a sex offender
15under the Sex Offender Registration Act, regardless of the date
16of conviction as set forth in subsection (c-5.2) shall be
17required to provide a specimen of blood, saliva, or tissue
18within the time period prescribed in subsection (c-5.2) at a
19collection site designated by the Illinois Department of State
20Police.
21    (a-5) Any person who was otherwise convicted of or received
22a disposition of court supervision for any other offense under
23the Criminal Code of 1961 or the Criminal Code of 2012 or who
24was found guilty or given supervision for such a violation
25under the Juvenile Court Act of 1987, may, regardless of the
26sentence imposed, be required by an order of the court to

 

 

HB3064- 225 -LRB101 10107 LNS 55210 b

1submit specimens of blood, saliva, or tissue to the Illinois
2Department of State Police in accordance with the provisions of
3this Section.
4    (b) Any person required by paragraphs (a)(1), (a)(1.5),
5(a)(2), (a)(3.5), and (a-5) to provide specimens of blood,
6saliva, or tissue shall provide specimens of blood, saliva, or
7tissue within 45 days after sentencing or disposition at a
8collection site designated by the Illinois Department of State
9Police.
10    (c) Any person required by paragraphs (a)(3), (a)(4), and
11(a)(4.5) to provide specimens of blood, saliva, or tissue shall
12be required to provide such specimens prior to final discharge
13or within 6 months from August 13, 2009 (the effective date of
14Public Act 96-426), whichever is sooner. These specimens shall
15be placed into the State or national DNA database, to be used
16in accordance with other provisions of this Act, by the
17Illinois State Police.
18    (c-5) Any person required by paragraph (a-3) to provide
19specimens of blood, saliva, or tissue shall, where feasible, be
20required to provide the specimens before being accepted for
21conditioned residency in Illinois under the interstate compact
22or agreement, but no later than 45 days after arrival in this
23State.
24    (c-5.2) Unless it is determined that a registered sex
25offender has previously submitted a specimen of blood, saliva,
26or tissue that has been placed into the State DNA database, a

 

 

HB3064- 226 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 227 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 228 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 229 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 230 -LRB101 10107 LNS 55210 b

1order for each charge against an individual in which the charge
2has been dismissed, resulted in acquittal, or that the charge
3was not filed within the applicable time period. The Department
4shall by rule prescribe procedures to ensure that the record
5and any specimens in the possession or control of the
6Department are destroyed and a letter is sent to the court
7verifying the expungement is completed.
8    (f-5) Any person who intentionally uses genetic marker
9grouping analysis information, or any other information
10derived from a DNA specimen, beyond the authorized uses as
11provided under this Section, or any other Illinois law, is
12guilty of a Class 4 felony, and shall be subject to a fine of
13not less than $5,000.
14    (f-6) The Illinois Department of State Police may contract
15with third parties for the purposes of implementing this
16amendatory Act of the 93rd General Assembly, except as provided
17in subsection (n) of this Section. Any other party contracting
18to carry out the functions of this Section shall be subject to
19the same restrictions and requirements of this Section insofar
20as applicable, as the Illinois Department of State Police, and
21to any additional restrictions imposed by the Illinois
22Department of State Police.
23    (g) For the purposes of this Section, "qualifying offense"
24means any of the following:
25        (1) any violation or inchoate violation of Section
26    11-1.50, 11-1.60, 11-6, 11-9.1, 11-11, 11-18.1, 12-15, or

 

 

HB3064- 231 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 232 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 233 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 234 -LRB101 10107 LNS 55210 b

1            (E) Costs incurred in continuing education,
2        training, and professional development of forensic
3        scientists regularly employed by these laboratories.
4    (l) The failure of a person to provide a specimen, or of
5any person or agency to collect a specimen, shall in no way
6alter the obligation of the person to submit such specimen, or
7the authority of the Illinois Department of State Police or
8persons designated by the Department to collect the specimen,
9or the authority of the Illinois Department of State Police to
10accept, analyze and maintain the specimen or to maintain or
11upload results of genetic marker grouping analysis information
12into a State or national database.
13    (m) If any provision of this amendatory Act of the 93rd
14General Assembly is held unconstitutional or otherwise
15invalid, the remainder of this amendatory Act of the 93rd
16General Assembly is not affected.
17    (n) Neither the Department of State Police, the Division of
18Forensic Services, nor any laboratory of the Division of
19Forensic Services may contract out forensic testing for the
20purpose of an active investigation or a matter pending before a
21court of competent jurisdiction without the written consent of
22the prosecuting agency. For the purposes of this subsection
23(n), "forensic testing" includes the analysis of physical
24evidence in an investigation or other proceeding for the
25prosecution of a violation of the Criminal Code of 1961 or the
26Criminal Code of 2012 or for matters adjudicated under the

 

 

HB3064- 235 -LRB101 10107 LNS 55210 b

1Juvenile Court Act of 1987, and includes the use of forensic
2databases and databanks, including DNA, firearm, and
3fingerprint databases, and expert testimony.
4    (o) Mistake does not invalidate a database match. The
5detention, arrest, or conviction of a person based upon a
6database match or database information is not invalidated if it
7is determined that the specimen was obtained or placed in the
8database by mistake.
9    (p) This Section may be referred to as the Illinois DNA
10Database Law of 2011.
11(Source: P.A. 97-383, eff. 1-1-12; 97-1109, eff. 1-1-13;
1297-1150, eff. 1-25-13; 98-558, eff. 1-1-14.)
 
13    (730 ILCS 5/5-4.5-50)
14    Sec. 5-4.5-50. SENTENCE PROVISIONS; ALL FELONIES. Except
15as otherwise provided, for all felonies:
16    (a) NO SUPERVISION. The court, upon a plea of guilty or a
17stipulation by the defendant of the facts supporting the charge
18or a finding of guilt, may not defer further proceedings and
19the imposition of a sentence and may not enter an order for
20supervision of the defendant.
21    (b) FELONY FINES. Unless otherwise specified by law, the
22minimum fine is $25. An offender may be sentenced to pay a fine
23not to exceed, for each offense, $25,000 or the amount
24specified in the offense, whichever is greater, or if the
25offender is a corporation, $50,000 or the amount specified in

 

 

HB3064- 236 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 237 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 238 -LRB101 10107 LNS 55210 b

1termination of sentence, the offender shall be transferred by
2the Sheriff of the committing Illinois county to the Illinois
3Department of Corrections. The court shall cause the Department
4of Corrections to be notified of the sentence at the time of
5commitment and to be provided with copies of all records
6regarding the sentence.
7    (f) REDUCTION; PREVIOUS UNEXPIRED ILLINOIS SENTENCE. A
8defendant who has a previous and unexpired sentence of
9imprisonment imposed by an Illinois circuit court for a crime
10in this State and who is subsequently sentenced to a term of
11imprisonment by another state or by any district court of the
12United States and who has served a term of imprisonment imposed
13by the other state or district court of the United States, and
14must return to serve the unexpired prior sentence imposed by
15the Illinois circuit court, may apply to the Illinois circuit
16court that imposed sentence to have his or her sentence
17reduced.
18    The circuit court may order that any time served on the
19sentence imposed by the other state or district court of the
20United States be credited on his or her Illinois sentence. The
21application for reduction of a sentence under this subsection
22shall be made within 30 days after the defendant has completed
23the sentence imposed by the other state or district court of
24the United States.
25    (g) NO REQUIRED BIRTH CONTROL. A court may not impose a
26sentence or disposition that requires the defendant to be

 

 

HB3064- 239 -LRB101 10107 LNS 55210 b

1implanted or injected with or to use any form of birth control.
2(Source: P.A. 95-1052, eff. 7-1-09.)
 
3    (730 ILCS 5/5-4.5-55)
4    Sec. 5-4.5-55. CLASS A MISDEMEANORS; SENTENCE. For a Class
5A misdemeanor:
6    (a) TERM. The sentence of imprisonment shall be a
7determinate sentence of less than one year.
8    (b) PERIODIC IMPRISONMENT. A sentence of periodic
9imprisonment shall be for a definite term of less than one
10year, except as otherwise provided in Section 5-5-3 or 5-7-1
11(730 ILCS 5/5-5-3 or 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 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
17period of probation or conditional discharge shall not exceed 2
18years. The court shall specify the conditions of probation or
19conditional discharge as set forth in Section 5-6-3 (730 ILCS
205/5-6-3).
21    (e) FINE. Unless otherwise specified by law, the minimum
22fine is $25. A fine not to exceed $2,500 for each offense or
23the amount specified in the offense, whichever is greater, may
24be imposed. A fine may be imposed in addition to a sentence of
25conditional discharge, probation, periodic imprisonment, or

 

 

HB3064- 240 -LRB101 10107 LNS 55210 b

1imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V,
2Art. 9) for imposition of additional amounts and determination
3of amounts and payment. If the court finds that the fine would
4impose an undue burden on the victim, the court may reduce or
5waive the fine.
6    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
7concerning restitution.
8    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
9be concurrent or consecutive as provided in Section 5-8-4 (730
10ILCS 5/5-8-4).
11    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
12Act (730 ILCS 166/20) concerning eligibility for a drug court
13program.
14    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
15ILCS 5/5-4.5-100) concerning credit for time spent in home
16detention prior to judgment.
17    (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good
18Behavior Allowance Act (730 ILCS 130/) for rules and
19regulations for good behavior allowance.
20    (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
215-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
22electronic monitoring and home detention.
23(Source: P.A. 100-431, eff. 8-25-17.)
 
24    (730 ILCS 5/5-4.5-60)
25    Sec. 5-4.5-60. CLASS B MISDEMEANORS; SENTENCE. For a Class

 

 

HB3064- 241 -LRB101 10107 LNS 55210 b

1B misdemeanor:
2    (a) TERM. The sentence of imprisonment shall be a
3determinate sentence of not more than 6 months.
4    (b) PERIODIC IMPRISONMENT. A sentence of periodic
5imprisonment shall be for a definite term of up to 6 months or
6as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).
7    (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS
85/5-8-1.2) concerning eligibility for the county impact
9incarceration program.
10    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
11in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or
12conditional discharge shall not exceed 2 years. The court shall
13specify the conditions of probation or conditional discharge as
14set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
15    (e) FINE. Unless otherwise specified by law, the minimum
16fine is $25. A fine not to exceed $1,500 for each offense or
17the amount specified in the offense, whichever is greater, may
18be imposed. A fine may be imposed in addition to a sentence of
19conditional discharge, probation, periodic imprisonment, or
20imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V,
21Art. 9) for imposition of additional amounts and determination
22of amounts and payment. If the court finds that the fine would
23impose an undue burden on the victim, the court may reduce or
24waive the fine.
25    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
26concerning restitution.

 

 

HB3064- 242 -LRB101 10107 LNS 55210 b

1    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
2be concurrent or consecutive as provided in Section 5-8-4 (730
3ILCS 5/5-8-4).
4    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
5Act (730 ILCS 166/20) concerning eligibility for a drug court
6program.
7    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
8ILCS 5/5-4.5-100) concerning credit for time spent in home
9detention prior to judgment.
10    (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good
11Behavior Allowance Act (730 ILCS 130/) for rules and
12regulations for good behavior allowance.
13    (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
145-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
15electronic monitoring and home detention.
16(Source: P.A. 100-431, eff. 8-25-17.)
 
17    (730 ILCS 5/5-4.5-65)
18    Sec. 5-4.5-65. CLASS C MISDEMEANORS; SENTENCE. For a Class
19C misdemeanor:
20    (a) TERM. The sentence of imprisonment shall be a
21determinate sentence of not more than 30 days.
22    (b) PERIODIC IMPRISONMENT. A sentence of periodic
23imprisonment shall be for a definite term of up to 30 days or
24as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).
25    (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS

 

 

HB3064- 243 -LRB101 10107 LNS 55210 b

15/5-8-1.2) concerning eligibility for the county impact
2incarceration program.
3    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
4in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or
5conditional discharge shall not exceed 2 years. The court shall
6specify the conditions of probation or conditional discharge as
7set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
8    (e) FINE. Unless otherwise specified by law, the minimum
9fine is $25. A fine not to exceed $1,500 for each offense or
10the amount specified in the offense, whichever is greater, may
11be imposed. A fine may be imposed in addition to a sentence of
12conditional discharge, probation, periodic imprisonment, or
13imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V,
14Art. 9) for imposition of additional amounts and determination
15of amounts and payment. If the court finds that the fine would
16impose an undue burden on the victim, the court may reduce or
17waive the fine.
18    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
19concerning restitution.
20    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
21be concurrent or consecutive as provided in Section 5-8-4 (730
22ILCS 5/5-8-4).
23    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
24Act (730 ILCS 166/20) concerning eligibility for a drug court
25program.
26    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730

 

 

HB3064- 244 -LRB101 10107 LNS 55210 b

1ILCS 5/5-4.5-100) concerning credit for time spent in home
2detention prior to judgment.
3    (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good
4Behavior Allowance Act (730 ILCS 130/) for rules and
5regulations for good behavior allowance.
6    (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
75-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
8electronic monitoring and home detention.
9(Source: P.A. 100-431, eff. 8-25-17.)
 
10    (730 ILCS 5/5-4.5-75)
11    Sec. 5-4.5-75. PETTY OFFENSES; SENTENCE. Except as
12otherwise provided, for a petty offense:
13    (a) FINE. Unless otherwise specified by law, the minimum
14fine is $25. A defendant may be sentenced to pay a fine not to
15exceed $1,000 for each offense or the amount specified in the
16offense, whichever is less. A fine may be imposed in addition
17to a sentence of conditional discharge or probation. See
18Article 9 of Chapter V (730 ILCS 5/Ch. V, Art. 9) for
19imposition of additional amounts and determination of amounts
20and payment. If the court finds that the fine would impose an
21undue burden on the victim, the court may reduce or waive the
22fine.
23    (b) PROBATION; CONDITIONAL DISCHARGE. Except as provided
24in Section 5-6-2 (730 ILCS 5/5-6-2), a defendant may be
25sentenced to a period of probation or conditional discharge not

 

 

HB3064- 245 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 246 -LRB101 10107 LNS 55210 b

1proceedings in the case until the conclusion of the period. The
2period of supervision shall be reasonable under all of the
3circumstances of the case, and except as otherwise provided,
4may not be longer than 2 years. The court shall specify the
5conditions of supervision as set forth in Section 5-6-3.1 (730
6ILCS 5/5-6-3.1).
7(Source: P.A. 95-1052, eff. 7-1-09.)
 
8    (730 ILCS 5/5-4.5-80)
9    Sec. 5-4.5-80. BUSINESS OFFENSES; SENTENCE. Except as
10otherwise provided, for a business offense:
11    (a) FINE. Unless otherwise specified by law, the minimum
12fine is $25. A defendant may be sentenced to pay a fine not to
13exceed for each offense the amount specified in the statute
14defining that offense. A fine may be imposed in addition to a
15sentence of conditional discharge. See Article 9 of Chapter V
16(730 ILCS 5/Ch. V, Art. 9) for imposition of additional amounts
17and determination of amounts and payment. If the court finds
18that the fine would impose an undue burden on the victim, the
19court may reduce or waive the fine.
20    (b) CONDITIONAL DISCHARGE. A defendant may be sentenced to
21a period of conditional discharge. The court shall specify the
22conditions of conditional discharge as set forth in Section
235-6-3 (730 ILCS 5/5-6-3).
24    (c) RESTITUTION. A defendant may be sentenced to make
25restitution to the victim under Section 5-5-6 (730 ILCS

 

 

HB3064- 247 -LRB101 10107 LNS 55210 b

15/5-5-6).
2    (d) SUPERVISION; ORDER. The court, upon a plea of guilty or
3a stipulation by the defendant of the facts supporting the
4charge or a finding of guilt, may defer further proceedings and
5the imposition of a sentence and may enter an order for
6supervision of the defendant. If the defendant is not barred
7from receiving an order for supervision under Section 5-6-1
8(730 ILCS 5/5-6-1) or otherwise, the court may enter an order
9for supervision after considering the circumstances of the
10offense, and the history, character, and condition of the
11offender, if the court is of the opinion that:
12        (1) the defendant is not likely to commit further
13    crimes;
14        (2) the defendant and the public would be best served
15    if the defendant were not to receive a criminal record; and
16        (3) in the best interests of justice, an order of
17    supervision is more appropriate than a sentence otherwise
18    permitted under this Code.
19    (e) SUPERVISION; PERIOD. When a defendant is placed on
20supervision, the court shall enter an order for supervision
21specifying the period of supervision, and shall defer further
22proceedings in the case until the conclusion of the period. The
23period of supervision shall be reasonable under all of the
24circumstances of the case, and except as otherwise provided,
25may not be longer than 2 years. The court shall specify the
26conditions of supervision as set forth in Section 5-6-3.1 (730

 

 

HB3064- 248 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 249 -LRB101 10107 LNS 55210 b

1    analog thereof.
2        (E) (Blank).
3        (F) A Class 1 or greater felony if the offender had
4    been convicted of a Class 1 or greater felony, including
5    any state or federal conviction for an offense that
6    contained, at the time it was committed, the same elements
7    as an offense now (the date of the offense committed after
8    the prior Class 1 or greater felony) classified as a Class
9    1 or greater felony, within 10 years of the date on which
10    the offender committed the offense for which he or she is
11    being sentenced, except as otherwise provided in Section
12    40-10 of the Alcoholism and Other Drug Abuse and Dependency
13    Act.
14        (F-3) A Class 2 or greater felony sex offense or felony
15    firearm offense if the offender had been convicted of a
16    Class 2 or greater felony, including any state or federal
17    conviction for an offense that contained, at the time it
18    was committed, the same elements as an offense now (the
19    date of the offense committed after the prior Class 2 or
20    greater felony) classified as a Class 2 or greater felony,
21    within 10 years of the date on which the offender committed
22    the offense for which he or she is being sentenced, except
23    as otherwise provided in Section 40-10 of the Alcoholism
24    and Other Drug Abuse and Dependency Act.
25        (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
26    the Criminal Code of 1961 or the Criminal Code of 2012 for

 

 

HB3064- 250 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 251 -LRB101 10107 LNS 55210 b

1    of institutional vandalism if the damage to the property
2    exceeds $300.
3        (N) A Class 3 felony violation of paragraph (1) of
4    subsection (a) of Section 2 of the Firearm Owners
5    Identification Card Act.
6        (O) A violation of Section 12-6.1 or 12-6.5 of the
7    Criminal Code of 1961 or the Criminal Code of 2012.
8        (P) A violation of paragraph (1), (2), (3), (4), (5),
9    or (7) of subsection (a) of Section 11-20.1 of the Criminal
10    Code of 1961 or the Criminal Code of 2012.
11        (Q) A violation of subsection (b) or (b-5) of Section
12    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
13    Code of 1961 or the Criminal Code of 2012.
14        (R) A violation of Section 24-3A of the Criminal Code
15    of 1961 or the Criminal Code of 2012.
16        (S) (Blank).
17        (T) (Blank).
18        (U) A second or subsequent violation of Section 6-303
19    of the Illinois Vehicle Code committed while his or her
20    driver's license, permit, or privilege was revoked because
21    of a violation of Section 9-3 of the Criminal Code of 1961
22    or the Criminal Code of 2012, relating to the offense of
23    reckless homicide, or a similar provision of a law of
24    another state.
25        (V) A violation of paragraph (4) of subsection (c) of
26    Section 11-20.1B or paragraph (4) of subsection (c) of

 

 

HB3064- 252 -LRB101 10107 LNS 55210 b

1    Section 11-20.3 of the Criminal Code of 1961, or paragraph
2    (6) of subsection (a) of Section 11-20.1 of the Criminal
3    Code of 2012 when the victim is under 13 years of age and
4    the defendant has previously been convicted under the laws
5    of this State or any other state of the offense of child
6    pornography, aggravated child pornography, aggravated
7    criminal sexual abuse, aggravated criminal sexual assault,
8    predatory criminal sexual assault of a child, or any of the
9    offenses formerly known as rape, deviate sexual assault,
10    indecent liberties with a child, or aggravated indecent
11    liberties with a child where the victim was under the age
12    of 18 years or an offense that is substantially equivalent
13    to those offenses.
14        (W) A violation of Section 24-3.5 of the Criminal Code
15    of 1961 or the Criminal Code of 2012.
16        (X) A violation of subsection (a) of Section 31-1a of
17    the Criminal Code of 1961 or the Criminal Code of 2012.
18        (Y) A conviction for unlawful possession of a firearm
19    by a street gang member when the firearm was loaded or
20    contained firearm ammunition.
21        (Z) A Class 1 felony committed while he or she was
22    serving a term of probation or conditional discharge for a
23    felony.
24        (AA) Theft of property exceeding $500,000 and not
25    exceeding $1,000,000 in value.
26        (BB) Laundering of criminally derived property of a

 

 

HB3064- 253 -LRB101 10107 LNS 55210 b

1    value exceeding $500,000.
2        (CC) Knowingly selling, offering for sale, holding for
3    sale, or using 2,000 or more counterfeit items or
4    counterfeit items having a retail value in the aggregate of
5    $500,000 or more.
6        (DD) A conviction for aggravated assault under
7    paragraph (6) of subsection (c) of Section 12-2 of the
8    Criminal Code of 1961 or the Criminal Code of 2012 if the
9    firearm is aimed toward the person against whom the firearm
10    is being used.
11        (EE) A conviction for a violation of paragraph (2) of
12    subsection (a) of Section 24-3B of the Criminal Code of
13    2012.
14    (3) (Blank).
15    (4) A minimum term of imprisonment of not less than 10
16consecutive days or 30 days of community service shall be
17imposed for a violation of paragraph (c) of Section 6-303 of
18the Illinois Vehicle Code.
19    (4.1) (Blank).
20    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
21this subsection (c), a minimum of 100 hours of community
22service shall be imposed for a second violation of Section
236-303 of the Illinois Vehicle Code.
24    (4.3) A minimum term of imprisonment of 30 days or 300
25hours of community service, as determined by the court, shall
26be imposed for a second violation of subsection (c) of Section

 

 

HB3064- 254 -LRB101 10107 LNS 55210 b

16-303 of the Illinois Vehicle Code.
2    (4.4) Except as provided in paragraphs (4.5), (4.6), and
3(4.9) of this subsection (c), a minimum term of imprisonment of
430 days or 300 hours of community service, as determined by the
5court, shall be imposed for a third or subsequent violation of
6Section 6-303 of the Illinois Vehicle Code. The court may give
7credit toward the fulfillment of community service hours for
8participation in activities and treatment as determined by
9court services.
10    (4.5) A minimum term of imprisonment of 30 days shall be
11imposed for a third violation of subsection (c) of Section
126-303 of the Illinois Vehicle Code.
13    (4.6) Except as provided in paragraph (4.10) of this
14subsection (c), a minimum term of imprisonment of 180 days
15shall be imposed for a fourth or subsequent violation of
16subsection (c) of Section 6-303 of the Illinois Vehicle Code.
17    (4.7) A minimum term of imprisonment of not less than 30
18consecutive days, or 300 hours of community service, shall be
19imposed for a violation of subsection (a-5) of Section 6-303 of
20the Illinois Vehicle Code, as provided in subsection (b-5) of
21that Section.
22    (4.8) A mandatory prison sentence shall be imposed for a
23second violation of subsection (a-5) of Section 6-303 of the
24Illinois Vehicle Code, as provided in subsection (c-5) of that
25Section. The person's driving privileges shall be revoked for a
26period of not less than 5 years from the date of his or her

 

 

HB3064- 255 -LRB101 10107 LNS 55210 b

1release from prison.
2    (4.9) A mandatory prison sentence of not less than 4 and
3not more than 15 years shall be imposed for a third violation
4of subsection (a-5) of Section 6-303 of the Illinois Vehicle
5Code, as provided in subsection (d-2.5) of that Section. The
6person's driving privileges shall be revoked for the remainder
7of his or her life.
8    (4.10) A mandatory prison sentence for a Class 1 felony
9shall be imposed, and the person shall be eligible for an
10extended term sentence, for a fourth or subsequent violation of
11subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
12as provided in subsection (d-3.5) of that Section. The person's
13driving privileges shall be revoked for the remainder of his or
14her life.
15    (5) The court may sentence a corporation or unincorporated
16association convicted of any offense to:
17        (A) a period of conditional discharge;
18        (B) a fine;
19        (C) make restitution to the victim under Section 5-5-6
20    of this Code.
21    (5.1) In addition to any other penalties imposed, and
22except as provided in paragraph (5.2) or (5.3), a person
23convicted of violating subsection (c) of Section 11-907 of the
24Illinois Vehicle Code shall have his or her driver's license,
25permit, or privileges suspended for at least 90 days but not
26more than one year, if the violation resulted in damage to the

 

 

HB3064- 256 -LRB101 10107 LNS 55210 b

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

 

 

HB3064- 257 -LRB101 10107 LNS 55210 b

1    (7) (Blank).
2    (8) (Blank).
3    (9) A defendant convicted of a second or subsequent offense
4of ritualized abuse of a child may be sentenced to a term of
5natural life imprisonment.
6    (10) (Blank).
7    (11) The court shall impose a minimum fine of $1,000 for a
8first offense and $2,000 for a second or subsequent offense
9upon a person convicted of or placed on supervision for battery
10when the individual harmed was a sports official or coach at
11any level of competition and the act causing harm to the sports
12official or coach occurred within an athletic facility or
13within the immediate vicinity of the athletic facility at which
14the sports official or coach was an active participant of the
15athletic contest held at the athletic facility. For the
16purposes of this paragraph (11), "sports official" means a
17person at an athletic contest who enforces the rules of the
18contest, such as an umpire or referee; "athletic facility"
19means an indoor or outdoor playing field or recreational area
20where sports activities are conducted; and "coach" means a
21person recognized as a coach by the sanctioning authority that
22conducted the sporting event.
23    (12) A person may not receive a disposition of court
24supervision for a violation of Section 5-16 of the Boat
25Registration and Safety Act if that person has previously
26received a disposition of court supervision for a violation of

 

 

HB3064- 258 -LRB101 10107 LNS 55210 b

1that Section.
2    (13) A person convicted of or placed on court supervision
3for an assault or aggravated assault when the victim and the
4offender are family or household members as defined in Section
5103 of the Illinois Domestic Violence Act of 1986 or convicted
6of domestic battery or aggravated domestic battery may be
7required to attend a Partner Abuse Intervention Program under
8protocols set forth by the Illinois Department of Human
9Services under such terms and conditions imposed by the court.
10The costs of such classes shall be paid by the offender.
11    (d) In any case in which a sentence originally imposed is
12vacated, the case shall be remanded to the trial court. The
13trial court shall hold a hearing under Section 5-4-1 of the
14Unified Code of Corrections which may include evidence of the
15defendant's life, moral character and occupation during the
16time since the original sentence was passed. The trial court
17shall then impose sentence upon the defendant. The trial court
18may impose any sentence which could have been imposed at the
19original trial subject to Section 5-5-4 of the Unified Code of
20Corrections. If a sentence is vacated on appeal or on
21collateral attack due to the failure of the trier of fact at
22trial to determine beyond a reasonable doubt the existence of a
23fact (other than a prior conviction) necessary to increase the
24punishment for the offense beyond the statutory maximum
25otherwise applicable, either the defendant may be re-sentenced
26to a term within the range otherwise provided or, if the State

 

 

HB3064- 259 -LRB101 10107 LNS 55210 b

1files notice of its intention to again seek the extended
2sentence, the defendant shall be afforded a new trial.
3    (e) In cases where prosecution for aggravated criminal
4sexual abuse under Section 11-1.60 or 12-16 of the Criminal
5Code of 1961 or the Criminal Code of 2012 results in conviction
6of a defendant who was a family member of the victim at the
7time of the commission of the offense, the court shall consider
8the safety and welfare of the victim and may impose a sentence
9of probation only where:
10        (1) the court finds (A) or (B) or both are appropriate:
11            (A) the defendant is willing to undergo a court
12        approved counseling program for a minimum duration of 2
13        years; or
14            (B) the defendant is willing to participate in a
15        court approved plan including but not limited to the
16        defendant's:
17                (i) removal from the household;
18                (ii) restricted contact with the victim;
19                (iii) continued financial support of the
20            family;
21                (iv) restitution for harm done to the victim;
22            and
23                (v) compliance with any other measures that
24            the court may deem appropriate; and
25        (2) the court orders the defendant to pay for the
26    victim's counseling services, to the extent that the court

 

 

HB3064- 260 -LRB101 10107 LNS 55210 b

1    finds, after considering the defendant's income and
2    assets, that the defendant is financially capable of paying
3    for such services, if the victim was under 18 years of age
4    at the time the offense was committed and requires
5    counseling as a result of the offense.
6    Probation may be revoked or modified pursuant to Section
75-6-4; except where the court determines at the hearing that
8the defendant violated a condition of his or her probation
9restricting contact with the victim or other family members or
10commits another offense with the victim or other family
11members, the court shall revoke the defendant's probation and
12impose a term of imprisonment.
13    For the purposes of this Section, "family member" and
14"victim" shall have the meanings ascribed to them in Section
1511-0.1 of the Criminal Code of 2012.
16    (f) (Blank).
17    (g) Whenever a defendant is convicted of an offense under
18Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1911-14.3, 11-14.4 except for an offense that involves keeping a
20place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
2111-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
2212-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
23Criminal Code of 2012, the defendant shall undergo medical
24testing to determine whether the defendant has any sexually
25transmissible disease, including a test for infection with
26human immunodeficiency virus (HIV) or any other identified

 

 

HB3064- 261 -LRB101 10107 LNS 55210 b

1causative agent of acquired immunodeficiency syndrome (AIDS).
2Any such medical test shall be performed only by appropriately
3licensed medical practitioners and may include an analysis of
4any bodily fluids as well as an examination of the defendant's
5person. Except as otherwise provided by law, the results of
6such test shall be kept strictly confidential by all medical
7personnel involved in the testing and must be personally
8delivered in a sealed envelope to the judge of the court in
9which the conviction was entered for the judge's inspection in
10camera. Acting in accordance with the best interests of the
11victim and the public, the judge shall have the discretion to
12determine to whom, if anyone, the results of the testing may be
13revealed. The court shall notify the defendant of the test
14results. The court shall also notify the victim if requested by
15the victim, and if the victim is under the age of 15 and if
16requested by the victim's parents or legal guardian, the court
17shall notify the victim's parents or legal guardian of the test
18results. The court shall provide information on the
19availability of HIV testing and counseling at Department of
20Public Health facilities to all parties to whom the results of
21the testing are revealed and shall direct the State's Attorney
22to provide the information to the victim when possible. A
23State's Attorney may petition the court to obtain the results
24of any HIV test administered under this Section, and the court
25shall grant the disclosure if the State's Attorney shows it is
26relevant in order to prosecute a charge of criminal

 

 

HB3064- 262 -LRB101 10107 LNS 55210 b

1transmission of HIV under Section 12-5.01 or 12-16.2 of the
2Criminal Code of 1961 or the Criminal Code of 2012 against the
3defendant. The court shall order that the cost of any such test
4shall be paid by the county and may be taxed as costs against
5the convicted defendant.
6    (g-5) When an inmate is tested for an airborne communicable
7disease, as determined by the Illinois Department of Public
8Health including but not limited to tuberculosis, the results
9of the test shall be personally delivered by the warden or his
10or her designee in a sealed envelope to the judge of the court
11in which the inmate must appear for the judge's inspection in
12camera if requested by the judge. Acting in accordance with the
13best interests of those in the courtroom, the judge shall have
14the discretion to determine what if any precautions need to be
15taken to prevent transmission of the disease in the courtroom.
16    (h) Whenever a defendant is convicted of an offense under
17Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
18defendant shall undergo medical testing to determine whether
19the defendant has been exposed to human immunodeficiency virus
20(HIV) or any other identified causative agent of acquired
21immunodeficiency syndrome (AIDS). Except as otherwise provided
22by law, the results of such test shall be kept strictly
23confidential by all medical personnel involved in the testing
24and must be personally delivered in a sealed envelope to the
25judge of the court in which the conviction was entered for the
26judge's inspection in camera. Acting in accordance with the

 

 

HB3064- 263 -LRB101 10107 LNS 55210 b

1best interests of the public, the judge shall have the
2discretion to determine to whom, if anyone, the results of the
3testing may be revealed. The court shall notify the defendant
4of a positive test showing an infection with the human
5immunodeficiency virus (HIV). The court shall provide
6information on the availability of HIV testing and counseling
7at Department of Public Health facilities to all parties to
8whom the results of the testing are revealed and shall direct
9the State's Attorney to provide the information to the victim
10when possible. A State's Attorney may petition the court to
11obtain the results of any HIV test administered under this
12Section, and the court shall grant the disclosure if the
13State's Attorney shows it is relevant in order to prosecute a
14charge of criminal transmission of HIV under Section 12-5.01 or
1512-16.2 of the Criminal Code of 1961 or the Criminal Code of
162012 against the defendant. The court shall order that the cost
17of any such test shall be paid by the county and may be taxed as
18costs against the convicted defendant.
19    (i) All fines and penalties imposed under this Section for
20any violation of Chapters 3, 4, 6, and 11 of the Illinois
21Vehicle Code, or a similar provision of a local ordinance, and
22any violation of the Child Passenger Protection Act, or a
23similar provision of a local ordinance, shall be collected and
24disbursed by the circuit clerk as provided under the Criminal
25and Traffic Assessment Act Section 27.5 of the Clerks of Courts
26Act.

 

 

HB3064- 264 -LRB101 10107 LNS 55210 b

1    (j) In cases when prosecution for any violation of Section
211-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
311-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
411-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
511-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
612-15, or 12-16 of the Criminal Code of 1961 or the Criminal
7Code of 2012, any violation of the Illinois Controlled
8Substances Act, any violation of the Cannabis Control Act, or
9any violation of the Methamphetamine Control and Community
10Protection Act results in conviction, a disposition of court
11supervision, or an order of probation granted under Section 10
12of the Cannabis Control Act, Section 410 of the Illinois
13Controlled Substances Act, or Section 70 of the Methamphetamine
14Control and Community Protection Act of a defendant, the court
15shall determine whether the defendant is employed by a facility
16or center as defined under the Child Care Act of 1969, a public
17or private elementary or secondary school, or otherwise works
18with children under 18 years of age on a daily basis. When a
19defendant is so employed, the court shall order the Clerk of
20the Court to send a copy of the judgment of conviction or order
21of supervision or probation to the defendant's employer by
22certified mail. If the employer of the defendant is a school,
23the Clerk of the Court shall direct the mailing of a copy of
24the judgment of conviction or order of supervision or probation
25to the appropriate regional superintendent of schools. The
26regional superintendent of schools shall notify the State Board

 

 

HB3064- 265 -LRB101 10107 LNS 55210 b

1of Education of any notification under this subsection.
2    (j-5) A defendant at least 17 years of age who is convicted
3of a felony and who has not been previously convicted of a
4misdemeanor or felony and who is sentenced to a term of
5imprisonment in the Illinois Department of Corrections shall as
6a condition of his or her sentence be required by the court to
7attend educational courses designed to prepare the defendant
8for a high school diploma and to work toward a high school
9diploma or to work toward passing high school equivalency
10testing or to work toward completing a vocational training
11program offered by the Department of Corrections. If a
12defendant fails to complete the educational training required
13by his or her sentence during the term of incarceration, the
14Prisoner Review Board shall, as a condition of mandatory
15supervised release, require the defendant, at his or her own
16expense, to pursue a course of study toward a high school
17diploma or passage of high school equivalency testing. The
18Prisoner Review Board shall revoke the mandatory supervised
19release of a defendant who wilfully fails to comply with this
20subsection (j-5) upon his or her release from confinement in a
21penal institution while serving a mandatory supervised release
22term; however, the inability of the defendant after making a
23good faith effort to obtain financial aid or pay for the
24educational training shall not be deemed a wilful failure to
25comply. The Prisoner Review Board shall recommit the defendant
26whose mandatory supervised release term has been revoked under

 

 

HB3064- 266 -LRB101 10107 LNS 55210 b

1this subsection (j-5) as provided in Section 3-3-9. This
2subsection (j-5) does not apply to a defendant who has a high
3school diploma or has successfully passed high school
4equivalency testing. This subsection (j-5) does not apply to a
5defendant who is determined by the court to be a person with a
6developmental disability or otherwise mentally incapable of
7completing the educational or vocational program.
8    (k) (Blank).
9    (l) (A) Except as provided in paragraph (C) of subsection
10(l), whenever a defendant, who is an alien as defined by the
11Immigration and Nationality Act, is convicted of any felony or
12misdemeanor offense, the court after sentencing the defendant
13may, upon motion of the State's Attorney, hold sentence in
14abeyance and remand the defendant to the custody of the
15Attorney General of the United States or his or her designated
16agent to be deported when:
17        (1) a final order of deportation has been issued
18    against the defendant pursuant to proceedings under the
19    Immigration and Nationality Act, and
20        (2) the deportation of the defendant would not
21    deprecate the seriousness of the defendant's conduct and
22    would not be inconsistent with the ends of justice.
23    Otherwise, the defendant shall be sentenced as provided in
24this Chapter V.
25    (B) If the defendant has already been sentenced for a
26felony or misdemeanor offense, or has been placed on probation

 

 

HB3064- 267 -LRB101 10107 LNS 55210 b

1under Section 10 of the Cannabis Control Act, Section 410 of
2the Illinois Controlled Substances Act, or Section 70 of the
3Methamphetamine Control and Community Protection Act, the
4court may, upon motion of the State's Attorney to suspend the
5sentence imposed, commit the defendant to the custody of the
6Attorney General of the United States or his or her designated
7agent when:
8        (1) a final order of deportation has been issued
9    against the defendant pursuant to proceedings under the
10    Immigration and Nationality Act, and
11        (2) the deportation of the defendant would not
12    deprecate the seriousness of the defendant's conduct and
13    would not be inconsistent with the ends of justice.
14    (C) This subsection (l) does not apply to offenders who are
15subject to the provisions of paragraph (2) of subsection (a) of
16Section 3-6-3.
17    (D) Upon motion of the State's Attorney, if a defendant
18sentenced under this Section returns to the jurisdiction of the
19United States, the defendant shall be recommitted to the
20custody of the county from which he or she was sentenced.
21Thereafter, the defendant shall be brought before the
22sentencing court, which may impose any sentence that was
23available under Section 5-5-3 at the time of initial
24sentencing. In addition, the defendant shall not be eligible
25for additional earned sentence credit as provided under Section
263-6-3.

 

 

HB3064- 268 -LRB101 10107 LNS 55210 b

1    (m) A person convicted of criminal defacement of property
2under Section 21-1.3 of the Criminal Code of 1961 or the
3Criminal Code of 2012, in which the property damage exceeds
4$300 and the property damaged is a school building, shall be
5ordered to perform community service that may include cleanup,
6removal, or painting over the defacement.
7    (n) The court may sentence a person convicted of a
8violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
9subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
10of 1961 or the Criminal Code of 2012 (i) to an impact
11incarceration program if the person is otherwise eligible for
12that program under Section 5-8-1.1, (ii) to community service,
13or (iii) if the person is an addict or alcoholic, as defined in
14the Alcoholism and Other Drug Abuse and Dependency Act, to a
15substance or alcohol abuse program licensed under that Act.
16    (o) Whenever a person is convicted of a sex offense as
17defined in Section 2 of the Sex Offender Registration Act, the
18defendant's driver's license or permit shall be subject to
19renewal on an annual basis in accordance with the provisions of
20license renewal established by the Secretary of State.
21(Source: P.A. 99-143, eff. 7-27-15; 99-885, eff. 8-23-16;
2299-938, eff. 1-1-18; 100-575, eff. 1-8-18.)
 
23    (730 ILCS 5/5-5-6)  (from Ch. 38, par. 1005-5-6)
24    Sec. 5-5-6. In all convictions for offenses in violation of
25the Criminal Code of 1961 or the Criminal Code of 2012 or of

 

 

HB3064- 269 -LRB101 10107 LNS 55210 b

1Section 11-501 of the Illinois Vehicle Code in which the person
2received any injury to his or her person or damage to his or
3her real or personal property as a result of the criminal act
4of the defendant, the court shall order restitution as provided
5in this Section. In all other cases, except cases in which
6restitution is required under this Section, the court must at
7the sentence hearing determine whether restitution is an
8appropriate sentence to be imposed on each defendant convicted
9of an offense. If the court determines that an order directing
10the offender to make restitution is appropriate, the offender
11may be sentenced to make restitution. The court may consider
12restitution an appropriate sentence to be imposed on each
13defendant convicted of an offense in addition to a sentence of
14imprisonment. The sentence of the defendant to a term of
15imprisonment is not a mitigating factor that prevents the court
16from ordering the defendant to pay restitution. If the offender
17is sentenced to make restitution the Court shall determine the
18restitution as hereinafter set forth:
19        (a) At the sentence hearing, the court shall determine
20    whether the property may be restored in kind to the
21    possession of the owner or the person entitled to
22    possession thereof; or whether the defendant is possessed
23    of sufficient skill to repair and restore property damaged;
24    or whether the defendant should be required to make
25    restitution in cash, for out-of-pocket expenses, damages,
26    losses, or injuries found to have been proximately caused

 

 

HB3064- 270 -LRB101 10107 LNS 55210 b

1    by the conduct of the defendant or another for whom the
2    defendant is legally accountable under the provisions of
3    Article 5 of the Criminal Code of 1961 or the Criminal Code
4    of 2012.
5        (b) In fixing the amount of restitution to be paid in
6    cash, the court shall allow credit for property returned in
7    kind, for property damages ordered to be repaired by the
8    defendant, and for property ordered to be restored by the
9    defendant; and after granting the credit, the court shall
10    assess the actual out-of-pocket expenses, losses, damages,
11    and injuries suffered by the victim named in the charge and
12    any other victims who may also have suffered out-of-pocket
13    expenses, losses, damages, and injuries proximately caused
14    by the same criminal conduct of the defendant, and
15    insurance carriers who have indemnified the named victim or
16    other victims for the out-of-pocket expenses, losses,
17    damages, or injuries, provided that in no event shall
18    restitution be ordered to be paid on account of pain and
19    suffering. When a victim's out-of-pocket expenses have
20    been paid pursuant to the Crime Victims Compensation Act,
21    the court shall order restitution be paid to the
22    compensation program. If a defendant is placed on
23    supervision for, or convicted of, domestic battery, the
24    defendant shall be required to pay restitution to any
25    domestic violence shelter in which the victim and any other
26    family or household members lived because of the domestic

 

 

HB3064- 271 -LRB101 10107 LNS 55210 b

1    battery. The amount of the restitution shall equal the
2    actual expenses of the domestic violence shelter in
3    providing housing and any other services for the victim and
4    any other family or household members living at the
5    shelter. If a defendant fails to pay restitution in the
6    manner or within the time period specified by the court,
7    the court may enter an order directing the sheriff to seize
8    any real or personal property of a defendant to the extent
9    necessary to satisfy the order of restitution and dispose
10    of the property by public sale. All proceeds from such sale
11    in excess of the amount of restitution plus court costs and
12    the costs of the sheriff in conducting the sale shall be
13    paid to the defendant. The defendant convicted of domestic
14    battery, if a person under 18 years of age was present and
15    witnessed the domestic battery of the victim, is liable to
16    pay restitution for the cost of any counseling required for
17    the child at the discretion of the court.
18        (c) In cases where more than one defendant is
19    accountable for the same criminal conduct that results in
20    out-of-pocket expenses, losses, damages, or injuries, each
21    defendant shall be ordered to pay restitution in the amount
22    of the total actual out-of-pocket expenses, losses,
23    damages, or injuries to the victim proximately caused by
24    the conduct of all of the defendants who are legally
25    accountable for the offense.
26            (1) In no event shall the victim be entitled to

 

 

HB3064- 272 -LRB101 10107 LNS 55210 b

1        recover restitution in excess of the actual
2        out-of-pocket expenses, losses, damages, or injuries,
3        proximately caused by the conduct of all of the
4        defendants.
5            (2) As between the defendants, the court may
6        apportion the restitution that is payable in
7        proportion to each co-defendant's culpability in the
8        commission of the offense.
9            (3) In the absence of a specific order apportioning
10        the restitution, each defendant shall bear his pro rata
11        share of the restitution.
12            (4) As between the defendants, each defendant
13        shall be entitled to a pro rata reduction in the total
14        restitution required to be paid to the victim for
15        amounts of restitution actually paid by co-defendants,
16        and defendants who shall have paid more than their pro
17        rata share shall be entitled to refunds to be computed
18        by the court as additional amounts are paid by
19        co-defendants.
20        (d) In instances where a defendant has more than one
21    criminal charge pending against him in a single case, or
22    more than one case, and the defendant stands convicted of
23    one or more charges, a plea agreement negotiated by the
24    State's Attorney and the defendants may require the
25    defendant to make restitution to victims of charges that
26    have been dismissed or which it is contemplated will be

 

 

HB3064- 273 -LRB101 10107 LNS 55210 b

1    dismissed under the terms of the plea agreement, and under
2    the agreement, the court may impose a sentence of
3    restitution on the charge or charges of which the defendant
4    has been convicted that would require the defendant to make
5    restitution to victims of other offenses as provided in the
6    plea agreement.
7        (e) The court may require the defendant to apply the
8    balance of the cash bond, after payment of court costs, and
9    any fine that may be imposed to the payment of restitution.
10        (f) Taking into consideration the ability of the
11    defendant to pay, including any real or personal property
12    or any other assets of the defendant, the court shall
13    determine whether restitution shall be paid in a single
14    payment or in installments, and shall fix a period of time
15    not in excess of 5 years, except for violations of Sections
16    16-1.3 and 17-56 of the Criminal Code of 1961 or the
17    Criminal Code of 2012, or the period of time specified in
18    subsection (f-1), not including periods of incarceration,
19    within which payment of restitution is to be paid in full.
20    Complete restitution shall be paid in as short a time
21    period as possible. However, if the court deems it
22    necessary and in the best interest of the victim, the court
23    may extend beyond 5 years the period of time within which
24    the payment of restitution is to be paid. If the defendant
25    is ordered to pay restitution and the court orders that
26    restitution is to be paid over a period greater than 6

 

 

HB3064- 274 -LRB101 10107 LNS 55210 b

1    months, the court shall order that the defendant make
2    monthly payments; the court may waive this requirement of
3    monthly payments only if there is a specific finding of
4    good cause for waiver.
5        (f-1)(1) In addition to any other penalty prescribed by
6    law and any restitution ordered under this Section that did
7    not include long-term physical health care costs, the court
8    may, upon conviction of any misdemeanor or felony, order a
9    defendant to pay restitution to a victim in accordance with
10    the provisions of this subsection (f-1) if the victim has
11    suffered physical injury as a result of the offense that is
12    reasonably probable to require or has required long-term
13    physical health care for more than 3 months. As used in
14    this subsection (f-1) "long-term physical health care"
15    includes mental health care.
16        (2) The victim's estimate of long-term physical health
17    care costs may be made as part of a victim impact statement
18    under Section 6 of the Rights of Crime Victims and
19    Witnesses Act or made separately. The court shall enter the
20    long-term physical health care restitution order at the
21    time of sentencing. An order of restitution made under this
22    subsection (f-1) shall fix a monthly amount to be paid by
23    the defendant for as long as long-term physical health care
24    of the victim is required as a result of the offense. The
25    order may exceed the length of any sentence imposed upon
26    the defendant for the criminal activity. The court shall

 

 

HB3064- 275 -LRB101 10107 LNS 55210 b

1    include as a special finding in the judgment of conviction
2    its determination of the monthly cost of long-term physical
3    health care.
4        (3) After a sentencing order has been entered, the
5    court may from time to time, on the petition of either the
6    defendant or the victim, or upon its own motion, enter an
7    order for restitution for long-term physical care or modify
8    the existing order for restitution for long-term physical
9    care as to the amount of monthly payments. Any modification
10    of the order shall be based only upon a substantial change
11    of circumstances relating to the cost of long-term physical
12    health care or the financial condition of either the
13    defendant or the victim. The petition shall be filed as
14    part of the original criminal docket.
15        (g) In addition to the sentences provided for in
16    Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
17    11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14,
18    12-14.1, 12-15, and 12-16, and subdivision (a)(4) of
19    Section 11-14.4, of the Criminal Code of 1961 or the
20    Criminal Code of 2012, the court may order any person who
21    is convicted of violating any of those Sections or who was
22    charged with any of those offenses and which charge was
23    reduced to another charge as a result of a plea agreement
24    under subsection (d) of this Section to meet all or any
25    portion of the financial obligations of treatment,
26    including but not limited to medical, psychiatric, or

 

 

HB3064- 276 -LRB101 10107 LNS 55210 b

1    rehabilitative treatment or psychological counseling,
2    prescribed for the victim or victims of the offense.
3        The payments shall be made by the defendant to the
4    clerk of the circuit court and transmitted by the clerk to
5    the appropriate person or agency as directed by the court.
6    Except as otherwise provided in subsection (f-1), the order
7    may require such payments to be made for a period not to
8    exceed 5 years after sentencing, not including periods of
9    incarceration.
10        (h) The judge may enter an order of withholding to
11    collect the amount of restitution owed in accordance with
12    Part 8 of Article XII of the Code of Civil Procedure.
13        (i) A sentence of restitution may be modified or
14    revoked by the court if the offender commits another
15    offense, or the offender fails to make restitution as
16    ordered by the court, but no sentence to make restitution
17    shall be revoked unless the court shall find that the
18    offender has had the financial ability to make restitution,
19    and he has wilfully refused to do so. When the offender's
20    ability to pay restitution was established at the time an
21    order of restitution was entered or modified, or when the
22    offender's ability to pay was based on the offender's
23    willingness to make restitution as part of a plea agreement
24    made at the time the order of restitution was entered or
25    modified, there is a rebuttable presumption that the facts
26    and circumstances considered by the court at the hearing at

 

 

HB3064- 277 -LRB101 10107 LNS 55210 b

1    which the order of restitution was entered or modified
2    regarding the offender's ability or willingness to pay
3    restitution have not materially changed. If the court shall
4    find that the defendant has failed to make restitution and
5    that the failure is not wilful, the court may impose an
6    additional period of time within which to make restitution.
7    The length of the additional period shall not be more than
8    2 years. The court shall retain all of the incidents of the
9    original sentence, including the authority to modify or
10    enlarge the conditions, and to revoke or further modify the
11    sentence if the conditions of payment are violated during
12    the additional period.
13        (j) The procedure upon the filing of a Petition to
14    Revoke a sentence to make restitution shall be the same as
15    the procedures set forth in Section 5-6-4 of this Code
16    governing violation, modification, or revocation of
17    Probation, of Conditional Discharge, or of Supervision.
18        (k) Nothing contained in this Section shall preclude
19    the right of any party to proceed in a civil action to
20    recover for any damages incurred due to the criminal
21    misconduct of the defendant.
22        (l) Restitution ordered under this Section shall not be
23    subject to disbursement by the circuit clerk under the
24    Criminal and Traffic Assessment Act Section 27.5 of the
25    Clerks of Courts Act.
26        (m) A restitution order under this Section is a

 

 

HB3064- 278 -LRB101 10107 LNS 55210 b

1    judgment lien in favor of the victim that:
2            (1) Attaches to the property of the person subject
3        to the order;
4            (2) May be perfected in the same manner as provided
5        in Part 3 of Article 9 of the Uniform Commercial Code;
6            (3) May be enforced to satisfy any payment that is
7        delinquent under the restitution order by the person in
8        whose favor the order is issued or the person's
9        assignee; and
10            (4) Expires in the same manner as a judgment lien
11        created in a civil proceeding.
12        When a restitution order is issued under this Section,
13    the issuing court shall send a certified copy of the order
14    to the clerk of the circuit court in the county where the
15    charge was filed. Upon receiving the order, the clerk shall
16    enter and index the order in the circuit court judgment
17    docket.
18        (n) An order of restitution under this Section does not
19    bar a civil action for:
20            (1) Damages that the court did not require the
21        person to pay to the victim under the restitution order
22        but arise from an injury or property damages that is
23        the basis of restitution ordered by the court; and
24            (2) Other damages suffered by the victim.
25    The restitution order is not discharged by the completion
26of the sentence imposed for the offense.

 

 

HB3064- 279 -LRB101 10107 LNS 55210 b

1    A restitution order under this Section is not discharged by
2the liquidation of a person's estate by a receiver. A
3restitution order under this Section may be enforced in the
4same manner as judgment liens are enforced under Article XII of
5the Code of Civil Procedure.
6    The provisions of Section 2-1303 of the Code of Civil
7Procedure, providing for interest on judgments, apply to
8judgments for restitution entered under this Section.
9(Source: P.A. 96-290, eff. 8-11-09; 96-1551, eff. 7-1-11;
1097-482, eff. 1-1-12; 97-817, eff. 1-1-13; 97-1150, eff.
111-25-13.)
 
12    (730 ILCS 5/5-6-1)  (from Ch. 38, par. 1005-6-1)
13    Sec. 5-6-1. Sentences of Probation and of Conditional
14Discharge and Disposition of Supervision. The General Assembly
15finds that in order to protect the public, the criminal justice
16system must compel compliance with the conditions of probation
17by responding to violations with swift, certain and fair
18punishments and intermediate sanctions. The Chief Judge of each
19circuit shall adopt a system of structured, intermediate
20sanctions for violations of the terms and conditions of a
21sentence of probation, conditional discharge or disposition of
22supervision.
23    (a) Except where specifically prohibited by other
24provisions of this Code, the court shall impose a sentence of
25probation or conditional discharge upon an offender unless,

 

 

HB3064- 280 -LRB101 10107 LNS 55210 b

1having regard to the nature and circumstance of the offense,
2and to the history, character and condition of the offender,
3the court is of the opinion that:
4        (1) his imprisonment or periodic imprisonment is
5    necessary for the protection of the public; or
6        (2) probation or conditional discharge would deprecate
7    the seriousness of the offender's conduct and would be
8    inconsistent with the ends of justice; or
9        (3) a combination of imprisonment with concurrent or
10    consecutive probation when an offender has been admitted
11    into a drug court program under Section 20 of the Drug
12    Court Treatment Act is necessary for the protection of the
13    public and for the rehabilitation of the offender.
14    The court shall impose as a condition of a sentence of
15probation, conditional discharge, or supervision, that the
16probation agency may invoke any sanction from the list of
17intermediate sanctions adopted by the chief judge of the
18circuit court for violations of the terms and conditions of the
19sentence of probation, conditional discharge, or supervision,
20subject to the provisions of Section 5-6-4 of this Act.
21    (b) The court may impose a sentence of conditional
22discharge for an offense if the court is of the opinion that
23neither a sentence of imprisonment nor of periodic imprisonment
24nor of probation supervision is appropriate.
25    (b-1) Subsections (a) and (b) of this Section do not apply
26to a defendant charged with a misdemeanor or felony under the

 

 

HB3064- 281 -LRB101 10107 LNS 55210 b

1Illinois Vehicle Code or reckless homicide under Section 9-3 of
2the Criminal Code of 1961 or the Criminal Code of 2012 if the
3defendant within the past 12 months has been convicted of or
4pleaded guilty to a misdemeanor or felony under the Illinois
5Vehicle Code or reckless homicide under Section 9-3 of the
6Criminal Code of 1961 or the Criminal Code of 2012.
7    (c) The court may, upon a plea of guilty or a stipulation
8by the defendant of the facts supporting the charge or a
9finding of guilt, defer further proceedings and the imposition
10of a sentence, and enter an order for supervision of the
11defendant, if the defendant is not charged with: (i) a Class A
12misdemeanor, as defined by the following provisions of the
13Criminal Code of 1961 or the Criminal Code of 2012: Sections
1411-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6;
1531-7; paragraphs (2) and (3) of subsection (a) of Section 21-1;
16paragraph (1) through (5), (8), (10), and (11) of subsection
17(a) of Section 24-1; (ii) a Class A misdemeanor violation of
18Section 3.01, 3.03-1, or 4.01 of the Humane Care for Animals
19Act; or (iii) a felony. If the defendant is not barred from
20receiving an order for supervision as provided in this
21subsection, the court may enter an order for supervision after
22considering the circumstances of the offense, and the history,
23character and condition of the offender, if the court is of the
24opinion that:
25        (1) the offender is not likely to commit further
26    crimes;

 

 

HB3064- 282 -LRB101 10107 LNS 55210 b

1        (2) the defendant and the public would be best served
2    if the defendant were not to receive a criminal record; and
3        (3) in the best interests of justice an order of
4    supervision is more appropriate than a sentence otherwise
5    permitted under this Code.
6    (c-5) Subsections (a), (b), and (c) of this Section do not
7apply to a defendant charged with a second or subsequent
8violation of Section 6-303 of the Illinois Vehicle Code
9committed while his or her driver's license, permit or
10privileges were revoked because of a violation of Section 9-3
11of the Criminal Code of 1961 or the Criminal Code of 2012,
12relating to the offense of reckless homicide, or a similar
13provision of a law of another state.
14    (d) The provisions of paragraph (c) shall not apply to a
15defendant charged with violating Section 11-501 of the Illinois
16Vehicle Code or a similar provision of a local ordinance when
17the defendant has previously been:
18        (1) convicted for a violation of Section 11-501 of the
19    Illinois Vehicle Code or a similar provision of a local
20    ordinance or any similar law or ordinance of another state;
21    or
22        (2) assigned supervision for a violation of Section
23    11-501 of the Illinois Vehicle Code or a similar provision
24    of a local ordinance or any similar law or ordinance of
25    another state; or
26        (3) pleaded guilty to or stipulated to the facts

 

 

HB3064- 283 -LRB101 10107 LNS 55210 b

1    supporting a charge or a finding of guilty to a violation
2    of Section 11-503 of the Illinois Vehicle Code or a similar
3    provision of a local ordinance or any similar law or
4    ordinance of another state, and the plea or stipulation was
5    the result of a plea agreement.
6    The court shall consider the statement of the prosecuting
7authority with regard to the standards set forth in this
8Section.
9    (e) The provisions of paragraph (c) shall not apply to a
10defendant charged with violating Section 16-25 or 16A-3 of the
11Criminal Code of 1961 or the Criminal Code of 2012 if said
12defendant has within the last 5 years been:
13        (1) convicted for a violation of Section 16-25 or 16A-3
14    of the Criminal Code of 1961 or the Criminal Code of 2012;
15    or
16        (2) assigned supervision for a violation of Section
17    16-25 or 16A-3 of the Criminal Code of 1961 or the Criminal
18    Code of 2012.
19    The court shall consider the statement of the prosecuting
20authority with regard to the standards set forth in this
21Section.
22    (f) The provisions of paragraph (c) shall not apply to a
23defendant charged with violating Sections 15-111, 15-112,
2415-301, paragraph (b) of Section 6-104, Section 11-605,
25paragraph (d-5) of Section 11-605.1, Section 11-1002.5, or
26Section 11-1414 of the Illinois Vehicle Code or a similar

 

 

HB3064- 284 -LRB101 10107 LNS 55210 b

1provision of a local ordinance.
2    (g) Except as otherwise provided in paragraph (i) of this
3Section, the provisions of paragraph (c) shall not apply to a
4defendant charged with violating Section 3-707, 3-708, 3-710,
5or 5-401.3 of the Illinois Vehicle Code or a similar provision
6of a local ordinance if the defendant has within the last 5
7years been:
8        (1) convicted for a violation of Section 3-707, 3-708,
9    3-710, or 5-401.3 of the Illinois Vehicle Code or a similar
10    provision of a local ordinance; or
11        (2) assigned supervision for a violation of Section
12    3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
13    Code or a similar provision of a local ordinance.
14    The court shall consider the statement of the prosecuting
15authority with regard to the standards set forth in this
16Section.
17    (h) The provisions of paragraph (c) shall not apply to a
18defendant under the age of 21 years charged with violating a
19serious traffic offense as defined in Section 1-187.001 of the
20Illinois Vehicle Code:
21        (1) unless the defendant, upon payment of the fines,
22    penalties, and costs provided by law, agrees to attend and
23    successfully complete a traffic safety program approved by
24    the court under standards set by the Conference of Chief
25    Circuit Judges. The accused shall be responsible for
26    payment of any traffic safety program fees. If the accused

 

 

HB3064- 285 -LRB101 10107 LNS 55210 b

1    fails to file a certificate of successful completion on or
2    before the termination date of the supervision order, the
3    supervision shall be summarily revoked and conviction
4    entered. The provisions of Supreme Court Rule 402 relating
5    to pleas of guilty do not apply in cases when a defendant
6    enters a guilty plea under this provision; or
7        (2) if the defendant has previously been sentenced
8    under the provisions of paragraph (c) on or after January
9    1, 1998 for any serious traffic offense as defined in
10    Section 1-187.001 of the Illinois Vehicle Code.
11    (h-1) The provisions of paragraph (c) shall not apply to a
12defendant under the age of 21 years charged with an offense
13against traffic regulations governing the movement of vehicles
14or any violation of Section 6-107 or Section 12-603.1 of the
15Illinois Vehicle Code, unless the defendant, upon payment of
16the fines, penalties, and costs provided by law, agrees to
17attend and successfully complete a traffic safety program
18approved by the court under standards set by the Conference of
19Chief Circuit Judges. The accused shall be responsible for
20payment of any traffic safety program fees. If the accused
21fails to file a certificate of successful completion on or
22before the termination date of the supervision order, the
23supervision shall be summarily revoked and conviction entered.
24The provisions of Supreme Court Rule 402 relating to pleas of
25guilty do not apply in cases when a defendant enters a guilty
26plea under this provision.

 

 

HB3064- 286 -LRB101 10107 LNS 55210 b

1    (i) The provisions of paragraph (c) shall not apply to a
2defendant charged with violating Section 3-707 of the Illinois
3Vehicle Code or a similar provision of a local ordinance if the
4defendant has been assigned supervision for a violation of
5Section 3-707 of the Illinois Vehicle Code or a similar
6provision of a local ordinance.
7    (j) The provisions of paragraph (c) shall not apply to a
8defendant charged with violating Section 6-303 of the Illinois
9Vehicle Code or a similar provision of a local ordinance when
10the revocation or suspension was for a violation of Section
1111-501 or a similar provision of a local ordinance or a
12violation of Section 11-501.1 or paragraph (b) of Section
1311-401 of the Illinois Vehicle Code if the defendant has within
14the last 10 years been:
15        (1) convicted for a violation of Section 6-303 of the
16    Illinois Vehicle Code or a similar provision of a local
17    ordinance; or
18        (2) assigned supervision for a violation of Section
19    6-303 of the Illinois Vehicle Code or a similar provision
20    of a local ordinance.
21    (k) The provisions of paragraph (c) shall not apply to a
22defendant charged with violating any provision of the Illinois
23Vehicle Code or a similar provision of a local ordinance that
24governs the movement of vehicles if, within the 12 months
25preceding the date of the defendant's arrest, the defendant has
26been assigned court supervision on 2 occasions for a violation

 

 

HB3064- 287 -LRB101 10107 LNS 55210 b

1that governs the movement of vehicles under the Illinois
2Vehicle Code or a similar provision of a local ordinance. The
3provisions of this paragraph (k) do not apply to a defendant
4charged with violating Section 11-501 of the Illinois Vehicle
5Code or a similar provision of a local ordinance.
6    (l) (Blank). A defendant charged with violating any
7provision of the Illinois Vehicle Code or a similar provision
8of a local ordinance who receives a disposition of supervision
9under subsection (c) shall pay an additional fee of $29, to be
10collected as provided in Sections 27.5 and 27.6 of the Clerks
11of Courts Act. In addition to the $29 fee, the person shall
12also pay a fee of $6, which, if not waived by the court, shall
13be collected as provided in Sections 27.5 and 27.6 of the
14Clerks of Courts Act. The $29 fee shall be disbursed as
15provided in Section 16-104c of the Illinois Vehicle Code. If
16the $6 fee is collected, $5.50 of the fee shall be deposited
17into the Circuit Court Clerk Operation and Administrative Fund
18created by the Clerk of the Circuit Court and 50 cents of the
19fee shall be deposited into the Prisoner Review Board Vehicle
20and Equipment Fund in the State treasury.
21    (m) (Blank). Any person convicted of, pleading guilty to,
22or placed on supervision for a serious traffic violation, as
23defined in Section 1-187.001 of the Illinois Vehicle Code, a
24violation of Section 11-501 of the Illinois Vehicle Code, or a
25violation of a similar provision of a local ordinance shall pay
26an additional fee of $35, to be disbursed as provided in

 

 

HB3064- 288 -LRB101 10107 LNS 55210 b

1Section 16-104d of that Code.
2    This subsection (m) becomes inoperative on January 1, 2020.
3    (n) The provisions of paragraph (c) shall not apply to any
4person under the age of 18 who commits an offense against
5traffic regulations governing the movement of vehicles or any
6violation of Section 6-107 or Section 12-603.1 of the Illinois
7Vehicle Code, except upon personal appearance of the defendant
8in court and upon the written consent of the defendant's parent
9or legal guardian, executed before the presiding judge. The
10presiding judge shall have the authority to waive this
11requirement upon the showing of good cause by the defendant.
12    (o) The provisions of paragraph (c) shall not apply to a
13defendant charged with violating Section 6-303 of the Illinois
14Vehicle Code or a similar provision of a local ordinance when
15the suspension was for a violation of Section 11-501.1 of the
16Illinois Vehicle Code and when:
17        (1) at the time of the violation of Section 11-501.1 of
18    the Illinois Vehicle Code, the defendant was a first
19    offender pursuant to Section 11-500 of the Illinois Vehicle
20    Code and the defendant failed to obtain a monitoring device
21    driving permit; or
22        (2) at the time of the violation of Section 11-501.1 of
23    the Illinois Vehicle Code, the defendant was a first
24    offender pursuant to Section 11-500 of the Illinois Vehicle
25    Code, had subsequently obtained a monitoring device
26    driving permit, but was driving a vehicle not equipped with

 

 

HB3064- 289 -LRB101 10107 LNS 55210 b

1    a breath alcohol ignition interlock device as defined in
2    Section 1-129.1 of the Illinois Vehicle Code.
3    (p) The provisions of paragraph (c) shall not apply to a
4defendant charged with violating Section 11-601.5 of the
5Illinois Vehicle Code or a similar provision of a local
6ordinance when the defendant has previously been:
7        (1) convicted for a violation of Section 11-601.5 of
8    the Illinois Vehicle Code or a similar provision of a local
9    ordinance or any similar law or ordinance of another state;
10    or
11        (2) assigned supervision for a violation of Section
12    11-601.5 of the Illinois Vehicle Code or a similar
13    provision of a local ordinance or any similar law or
14    ordinance of another state.
15    (q) The provisions of paragraph (c) shall not apply to a
16defendant charged with violating subsection (b) of Section
1711-601 or Section 11-601.5 of the Illinois Vehicle Code when
18the defendant was operating a vehicle, in an urban district, at
19a speed that is 26 miles per hour or more in excess of the
20applicable maximum speed limit established under Chapter 11 of
21the Illinois Vehicle Code.
22    (r) The provisions of paragraph (c) shall not apply to a
23defendant charged with violating any provision of the Illinois
24Vehicle Code or a similar provision of a local ordinance if the
25violation was the proximate cause of the death of another and
26the defendant's driving abstract contains a prior conviction or

 

 

HB3064- 290 -LRB101 10107 LNS 55210 b

1disposition of court supervision for any violation of the
2Illinois Vehicle Code, other than an equipment violation, or a
3suspension, revocation, or cancellation of the driver's
4license.
5    (s) The provisions of paragraph (c) shall not apply to a
6defendant charged with violating subsection (i) of Section 70
7of the Firearm Concealed Carry Act.
8(Source: P.A. 98-169, eff. 1-1-14; 98-658, eff. 6-23-14;
998-899, eff. 8-15-14; 99-78, eff. 7-20-15; 99-212, eff.
101-1-16.)
 
11    (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
12    Sec. 5-6-3. Conditions of probation and of conditional
13discharge.
14    (a) The conditions of probation and of conditional
15discharge shall be that the person:
16        (1) not violate any criminal statute of any
17    jurisdiction;
18        (2) report to or appear in person before such person or
19    agency as directed by the court;
20        (3) refrain from possessing a firearm or other
21    dangerous weapon where the offense is a felony or, if a
22    misdemeanor, the offense involved the intentional or
23    knowing infliction of bodily harm or threat of bodily harm;
24        (4) not leave the State without the consent of the
25    court or, in circumstances in which the reason for the

 

 

HB3064- 291 -LRB101 10107 LNS 55210 b

1    absence is of such an emergency nature that prior consent
2    by the court is not possible, without the prior
3    notification and approval of the person's probation
4    officer. Transfer of a person's probation or conditional
5    discharge supervision to another state is subject to
6    acceptance by the other state pursuant to the Interstate
7    Compact for Adult Offender Supervision;
8        (5) permit the probation officer to visit him at his
9    home or elsewhere to the extent necessary to discharge his
10    duties;
11        (6) perform no less than 30 hours of community service
12    and not more than 120 hours of community service, if
13    community service is available in the jurisdiction and is
14    funded and approved by the county board where the offense
15    was committed, where the offense was related to or in
16    furtherance of the criminal activities of an organized gang
17    and was motivated by the offender's membership in or
18    allegiance to an organized gang. The community service
19    shall include, but not be limited to, the cleanup and
20    repair of any damage caused by a violation of Section
21    21-1.3 of the Criminal Code of 1961 or the Criminal Code of
22    2012 and similar damage to property located within the
23    municipality or county in which the violation occurred.
24    When possible and reasonable, the community service should
25    be performed in the offender's neighborhood. For purposes
26    of this Section, "organized gang" has the meaning ascribed

 

 

HB3064- 292 -LRB101 10107 LNS 55210 b

1    to it in Section 10 of the Illinois Streetgang Terrorism
2    Omnibus Prevention Act. The court may give credit toward
3    the fulfillment of community service hours for
4    participation in activities and treatment as determined by
5    court services;
6        (7) if he or she is at least 17 years of age and has
7    been sentenced to probation or conditional discharge for a
8    misdemeanor or felony in a county of 3,000,000 or more
9    inhabitants and has not been previously convicted of a
10    misdemeanor or felony, may be required by the sentencing
11    court to attend educational courses designed to prepare the
12    defendant for a high school diploma and to work toward a
13    high school diploma or to work toward passing high school
14    equivalency testing or to work toward completing a
15    vocational training program approved by the court. The
16    person on probation or conditional discharge must attend a
17    public institution of education to obtain the educational
18    or vocational training required by this paragraph (7). The
19    court shall revoke the probation or conditional discharge
20    of a person who wilfully fails to comply with this
21    paragraph (7). The person on probation or conditional
22    discharge shall be required to pay for the cost of the
23    educational courses or high school equivalency testing if a
24    fee is charged for those courses or testing. The court
25    shall resentence the offender whose probation or
26    conditional discharge has been revoked as provided in

 

 

HB3064- 293 -LRB101 10107 LNS 55210 b

1    Section 5-6-4. This paragraph (7) does not apply to a
2    person who has a high school diploma or has successfully
3    passed high school equivalency testing. This paragraph (7)
4    does not apply to a person who is determined by the court
5    to be a person with a developmental disability or otherwise
6    mentally incapable of completing the educational or
7    vocational program;
8        (8) if convicted of possession of a substance
9    prohibited by the Cannabis Control Act, the Illinois
10    Controlled Substances Act, or the Methamphetamine Control
11    and Community Protection Act after a previous conviction or
12    disposition of supervision for possession of a substance
13    prohibited by the Cannabis Control Act or Illinois
14    Controlled Substances Act or after a sentence of probation
15    under Section 10 of the Cannabis Control Act, Section 410
16    of the Illinois Controlled Substances Act, or Section 70 of
17    the Methamphetamine Control and Community Protection Act
18    and upon a finding by the court that the person is
19    addicted, undergo treatment at a substance abuse program
20    approved by the court;
21        (8.5) if convicted of a felony sex offense as defined
22    in the Sex Offender Management Board Act, the person shall
23    undergo and successfully complete sex offender treatment
24    by a treatment provider approved by the Board and conducted
25    in conformance with the standards developed under the Sex
26    Offender Management Board Act;

 

 

HB3064- 294 -LRB101 10107 LNS 55210 b

1        (8.6) if convicted of a sex offense as defined in the
2    Sex Offender Management Board Act, refrain from residing at
3    the same address or in the same condominium unit or
4    apartment unit or in the same condominium complex or
5    apartment complex with another person he or she knows or
6    reasonably should know is a convicted sex offender or has
7    been placed on supervision for a sex offense; the
8    provisions of this paragraph do not apply to a person
9    convicted of a sex offense who is placed in a Department of
10    Corrections licensed transitional housing facility for sex
11    offenders;
12        (8.7) if convicted for an offense committed on or after
13    June 1, 2008 (the effective date of Public Act 95-464) that
14    would qualify the accused as a child sex offender as
15    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
16    1961 or the Criminal Code of 2012, refrain from
17    communicating with or contacting, by means of the Internet,
18    a person who is not related to the accused and whom the
19    accused reasonably believes to be under 18 years of age;
20    for purposes of this paragraph (8.7), "Internet" has the
21    meaning ascribed to it in Section 16-0.1 of the Criminal
22    Code of 2012; and a person is not related to the accused if
23    the person is not: (i) the spouse, brother, or sister of
24    the accused; (ii) a descendant of the accused; (iii) a
25    first or second cousin of the accused; or (iv) a step-child
26    or adopted child of the accused;

 

 

HB3064- 295 -LRB101 10107 LNS 55210 b

1        (8.8) if convicted for an offense under Section 11-6,
2    11-9.1, 11-14.4 that involves soliciting for a juvenile
3    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
4    of the Criminal Code of 1961 or the Criminal Code of 2012,
5    or any attempt to commit any of these offenses, committed
6    on or after June 1, 2009 (the effective date of Public Act
7    95-983):
8            (i) not access or use a computer or any other
9        device with Internet capability without the prior
10        written approval of the offender's probation officer,
11        except in connection with the offender's employment or
12        search for employment with the prior approval of the
13        offender's probation officer;
14            (ii) submit to periodic unannounced examinations
15        of the offender's computer or any other device with
16        Internet capability by the offender's probation
17        officer, a law enforcement officer, or assigned
18        computer or information technology specialist,
19        including the retrieval and copying of all data from
20        the computer or device and any internal or external
21        peripherals and removal of such information,
22        equipment, or device to conduct a more thorough
23        inspection;
24            (iii) submit to the installation on the offender's
25        computer or device with Internet capability, at the
26        offender's expense, of one or more hardware or software

 

 

HB3064- 296 -LRB101 10107 LNS 55210 b

1        systems to monitor the Internet use; and
2            (iv) submit to any other appropriate restrictions
3        concerning the offender's use of or access to a
4        computer or any other device with Internet capability
5        imposed by the offender's probation officer;
6        (8.9) if convicted of a sex offense as defined in the
7    Sex Offender Registration Act committed on or after January
8    1, 2010 (the effective date of Public Act 96-262), refrain
9    from accessing or using a social networking website as
10    defined in Section 17-0.5 of the Criminal Code of 2012;
11        (9) if convicted of a felony or of any misdemeanor
12    violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
13    12-3.5 of the Criminal Code of 1961 or the Criminal Code of
14    2012 that was determined, pursuant to Section 112A-11.1 of
15    the Code of Criminal Procedure of 1963, to trigger the
16    prohibitions of 18 U.S.C. 922(g)(9), physically surrender
17    at a time and place designated by the court, his or her
18    Firearm Owner's Identification Card and any and all
19    firearms in his or her possession. The Court shall return
20    to the Department of State Police Firearm Owner's
21    Identification Card Office the person's Firearm Owner's
22    Identification Card;
23        (10) if convicted of a sex offense as defined in
24    subsection (a-5) of Section 3-1-2 of this Code, unless the
25    offender is a parent or guardian of the person under 18
26    years of age present in the home and no non-familial minors

 

 

HB3064- 297 -LRB101 10107 LNS 55210 b

1    are present, not participate in a holiday event involving
2    children under 18 years of age, such as distributing candy
3    or other items to children on Halloween, wearing a Santa
4    Claus costume on or preceding Christmas, being employed as
5    a department store Santa Claus, or wearing an Easter Bunny
6    costume on or preceding Easter;
7        (11) if convicted of a sex offense as defined in
8    Section 2 of the Sex Offender Registration Act committed on
9    or after January 1, 2010 (the effective date of Public Act
10    96-362) that requires the person to register as a sex
11    offender under that Act, may not knowingly use any computer
12    scrub software on any computer that the sex offender uses;
13        (12) if convicted of a violation of the Methamphetamine
14    Control and Community Protection Act, the Methamphetamine
15    Precursor Control Act, or a methamphetamine related
16    offense:
17            (A) prohibited from purchasing, possessing, or
18        having under his or her control any product containing
19        pseudoephedrine unless prescribed by a physician; and
20            (B) prohibited from purchasing, possessing, or
21        having under his or her control any product containing
22        ammonium nitrate; and
23        (13) if convicted of a hate crime involving the
24    protected class identified in subsection (a) of Section
25    12-7.1 of the Criminal Code of 2012 that gave rise to the
26    offense the offender committed, perform public or

 

 

HB3064- 298 -LRB101 10107 LNS 55210 b

1    community service of no less than 200 hours and enroll in
2    an educational program discouraging hate crimes that
3    includes racial, ethnic, and cultural sensitivity training
4    ordered by the court.
5    (b) The Court may in addition to other reasonable
6conditions relating to the nature of the offense or the
7rehabilitation of the defendant as determined for each
8defendant in the proper discretion of the Court require that
9the person:
10        (1) serve a term of periodic imprisonment under Article
11    7 for a period not to exceed that specified in paragraph
12    (d) of Section 5-7-1;
13        (2) pay a fine and costs;
14        (3) work or pursue a course of study or vocational
15    training;
16        (4) undergo medical, psychological or psychiatric
17    treatment; or treatment for drug addiction or alcoholism;
18        (5) attend or reside in a facility established for the
19    instruction or residence of defendants on probation;
20        (6) support his dependents;
21        (7) and in addition, if a minor:
22            (i) reside with his parents or in a foster home;
23            (ii) attend school;
24            (iii) attend a non-residential program for youth;
25            (iv) contribute to his own support at home or in a
26        foster home;

 

 

HB3064- 299 -LRB101 10107 LNS 55210 b

1            (v) with the consent of the superintendent of the
2        facility, attend an educational program at a facility
3        other than the school in which the offense was
4        committed if he or she is convicted of a crime of
5        violence as defined in Section 2 of the Crime Victims
6        Compensation Act committed in a school, on the real
7        property comprising a school, or within 1,000 feet of
8        the real property comprising a school;
9        (8) make restitution as provided in Section 5-5-6 of
10    this Code;
11        (9) perform some reasonable public or community
12    service;
13        (10) serve a term of home confinement. In addition to
14    any other applicable condition of probation or conditional
15    discharge, the conditions of home confinement shall be that
16    the offender:
17            (i) remain within the interior premises of the
18        place designated for his confinement during the hours
19        designated by the court;
20            (ii) admit any person or agent designated by the
21        court into the offender's place of confinement at any
22        time for purposes of verifying the offender's
23        compliance with the conditions of his confinement; and
24            (iii) if further deemed necessary by the court or
25        the Probation or Court Services Department, be placed
26        on an approved electronic monitoring device, subject

 

 

HB3064- 300 -LRB101 10107 LNS 55210 b

1        to Article 8A of Chapter V;
2            (iv) for persons convicted of any alcohol,
3        cannabis or controlled substance violation who are
4        placed on an approved monitoring device as a condition
5        of probation or conditional discharge, the court shall
6        impose a reasonable fee for each day of the use of the
7        device, as established by the county board in
8        subsection (g) of this Section, unless after
9        determining the inability of the offender to pay the
10        fee, the court assesses a lesser fee or no fee as the
11        case may be. This fee shall be imposed in addition to
12        the fees imposed under subsections (g) and (i) of this
13        Section. The fee shall be collected by the clerk of the
14        circuit court, except as provided in an administrative
15        order of the Chief Judge of the circuit court. The
16        clerk of the circuit court shall pay all monies
17        collected from this fee to the county treasurer for
18        deposit in the substance abuse services fund under
19        Section 5-1086.1 of the Counties Code, except as
20        provided in an administrative order of the Chief Judge
21        of the circuit court.
22            The Chief Judge of the circuit court of the county
23        may by administrative order establish a program for
24        electronic monitoring of offenders, in which a vendor
25        supplies and monitors the operation of the electronic
26        monitoring device, and collects the fees on behalf of

 

 

HB3064- 301 -LRB101 10107 LNS 55210 b

1        the county. The program shall include provisions for
2        indigent offenders and the collection of unpaid fees.
3        The program shall not unduly burden the offender and
4        shall be subject to review by the Chief Judge.
5            The Chief Judge of the circuit court may suspend
6        any additional charges or fees for late payment,
7        interest, or damage to any device; and
8            (v) for persons convicted of offenses other than
9        those referenced in clause (iv) above and who are
10        placed on an approved monitoring device as a condition
11        of probation or conditional discharge, the court shall
12        impose a reasonable fee for each day of the use of the
13        device, as established by the county board in
14        subsection (g) of this Section, unless after
15        determining the inability of the defendant to pay the
16        fee, the court assesses a lesser fee or no fee as the
17        case may be. This fee shall be imposed in addition to
18        the fees imposed under subsections (g) and (i) of this
19        Section. The fee shall be collected by the clerk of the
20        circuit court, except as provided in an administrative
21        order of the Chief Judge of the circuit court. The
22        clerk of the circuit court shall pay all monies
23        collected from this fee to the county treasurer who
24        shall use the monies collected to defray the costs of
25        corrections. The county treasurer shall deposit the
26        fee collected in the probation and court services fund.

 

 

HB3064- 302 -LRB101 10107 LNS 55210 b

1        The Chief Judge of the circuit court of the county may
2        by administrative order establish a program for
3        electronic monitoring of offenders, in which a vendor
4        supplies and monitors the operation of the electronic
5        monitoring device, and collects the fees on behalf of
6        the county. The program shall include provisions for
7        indigent offenders and the collection of unpaid fees.
8        The program shall not unduly burden the offender and
9        shall be subject to review by the Chief Judge.
10            The Chief Judge of the circuit court may suspend
11        any additional charges or fees for late payment,
12        interest, or damage to any device.
13        (11) comply with the terms and conditions of an order
14    of protection issued by the court pursuant to the Illinois
15    Domestic Violence Act of 1986, as now or hereafter amended,
16    or an order of protection issued by the court of another
17    state, tribe, or United States territory. A copy of the
18    order of protection shall be transmitted to the probation
19    officer or agency having responsibility for the case;
20        (12) reimburse any "local anti-crime program" as
21    defined in Section 7 of the Anti-Crime Advisory Council Act
22    for any reasonable expenses incurred by the program on the
23    offender's case, not to exceed the maximum amount of the
24    fine authorized for the offense for which the defendant was
25    sentenced;
26        (13) contribute a reasonable sum of money, not to

 

 

HB3064- 303 -LRB101 10107 LNS 55210 b

1    exceed the maximum amount of the fine authorized for the
2    offense for which the defendant was sentenced, (i) to a
3    "local anti-crime program", as defined in Section 7 of the
4    Anti-Crime Advisory Council Act, or (ii) for offenses under
5    the jurisdiction of the Department of Natural Resources, to
6    the fund established by the Department of Natural Resources
7    for the purchase of evidence for investigation purposes and
8    to conduct investigations as outlined in Section 805-105 of
9    the Department of Natural Resources (Conservation) Law;
10        (14) refrain from entering into a designated
11    geographic area except upon such terms as the court finds
12    appropriate. Such terms may include consideration of the
13    purpose of the entry, the time of day, other persons
14    accompanying the defendant, and advance approval by a
15    probation officer, if the defendant has been placed on
16    probation or advance approval by the court, if the
17    defendant was placed on conditional discharge;
18        (15) refrain from having any contact, directly or
19    indirectly, with certain specified persons or particular
20    types of persons, including but not limited to members of
21    street gangs and drug users or dealers;
22        (16) refrain from having in his or her body the
23    presence of any illicit drug prohibited by the Cannabis
24    Control Act, the Illinois Controlled Substances Act, or the
25    Methamphetamine Control and Community Protection Act,
26    unless prescribed by a physician, and submit samples of his

 

 

HB3064- 304 -LRB101 10107 LNS 55210 b

1    or her blood or urine or both for tests to determine the
2    presence of any illicit drug;
3        (17) if convicted for an offense committed on or after
4    June 1, 2008 (the effective date of Public Act 95-464) that
5    would qualify the accused as a child sex offender as
6    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
7    1961 or the Criminal Code of 2012, refrain from
8    communicating with or contacting, by means of the Internet,
9    a person who is related to the accused and whom the accused
10    reasonably believes to be under 18 years of age; for
11    purposes of this paragraph (17), "Internet" has the meaning
12    ascribed to it in Section 16-0.1 of the Criminal Code of
13    2012; and a person is related to the accused if the person
14    is: (i) the spouse, brother, or sister of the accused; (ii)
15    a descendant of the accused; (iii) a first or second cousin
16    of the accused; or (iv) a step-child or adopted child of
17    the accused;
18        (18) if convicted for an offense committed on or after
19    June 1, 2009 (the effective date of Public Act 95-983) that
20    would qualify as a sex offense as defined in the Sex
21    Offender Registration Act:
22            (i) not access or use a computer or any other
23        device with Internet capability without the prior
24        written approval of the offender's probation officer,
25        except in connection with the offender's employment or
26        search for employment with the prior approval of the

 

 

HB3064- 305 -LRB101 10107 LNS 55210 b

1        offender's probation officer;
2            (ii) submit to periodic unannounced examinations
3        of the offender's computer or any other device with
4        Internet capability by the offender's probation
5        officer, a law enforcement officer, or assigned
6        computer or information technology specialist,
7        including the retrieval and copying of all data from
8        the computer or device and any internal or external
9        peripherals and removal of such information,
10        equipment, or device to conduct a more thorough
11        inspection;
12            (iii) submit to the installation on the offender's
13        computer or device with Internet capability, at the
14        subject's expense, of one or more hardware or software
15        systems to monitor the Internet use; and
16            (iv) submit to any other appropriate restrictions
17        concerning the offender's use of or access to a
18        computer or any other device with Internet capability
19        imposed by the offender's probation officer; and
20        (19) refrain from possessing a firearm or other
21    dangerous weapon where the offense is a misdemeanor that
22    did not involve the intentional or knowing infliction of
23    bodily harm or threat of bodily harm.
24    (c) The court may as a condition of probation or of
25conditional discharge require that a person under 18 years of
26age found guilty of any alcohol, cannabis or controlled

 

 

HB3064- 306 -LRB101 10107 LNS 55210 b

1substance violation, refrain from acquiring a driver's license
2during the period of probation or conditional discharge. If
3such person is in possession of a permit or license, the court
4may require that the minor refrain from driving or operating
5any motor vehicle during the period of probation or conditional
6discharge, except as may be necessary in the course of the
7minor's lawful employment.
8    (d) An offender sentenced to probation or to conditional
9discharge shall be given a certificate setting forth the
10conditions thereof.
11    (e) Except where the offender has committed a fourth or
12subsequent violation of subsection (c) of Section 6-303 of the
13Illinois Vehicle Code, the court shall not require as a
14condition of the sentence of probation or conditional discharge
15that the offender be committed to a period of imprisonment in
16excess of 6 months. This 6-month limit shall not include
17periods of confinement given pursuant to a sentence of county
18impact incarceration under Section 5-8-1.2.
19    Persons committed to imprisonment as a condition of
20probation or conditional discharge shall not be committed to
21the Department of Corrections.
22    (f) The court may combine a sentence of periodic
23imprisonment under Article 7 or a sentence to a county impact
24incarceration program under Article 8 with a sentence of
25probation or conditional discharge.
26    (g) An offender sentenced to probation or to conditional

 

 

HB3064- 307 -LRB101 10107 LNS 55210 b

1discharge and who during the term of either undergoes mandatory
2drug or alcohol testing, or both, or is assigned to be placed
3on an approved electronic monitoring device, shall be ordered
4to pay all costs incidental to such mandatory drug or alcohol
5testing, or both, and all costs incidental to such approved
6electronic monitoring in accordance with the defendant's
7ability to pay those costs. The county board with the
8concurrence of the Chief Judge of the judicial circuit in which
9the county is located shall establish reasonable fees for the
10cost of maintenance, testing, and incidental expenses related
11to the mandatory drug or alcohol testing, or both, and all
12costs incidental to approved electronic monitoring, involved
13in a successful probation program for the county. The
14concurrence of the Chief Judge shall be in the form of an
15administrative order. The fees shall be collected by the clerk
16of the circuit court, except as provided in an administrative
17order of the Chief Judge of the circuit court. The clerk of the
18circuit court shall pay all moneys collected from these fees to
19the county treasurer who shall use the moneys collected to
20defray the costs of drug testing, alcohol testing, and
21electronic monitoring. The county treasurer shall deposit the
22fees collected in the county working cash fund under Section
236-27001 or Section 6-29002 of the Counties Code, as the case
24may be. The Chief Judge of the circuit court of the county may
25by administrative order establish a program for electronic
26monitoring of offenders, in which a vendor supplies and

 

 

HB3064- 308 -LRB101 10107 LNS 55210 b

1monitors the operation of the electronic monitoring device, and
2collects the fees on behalf of the county. The program shall
3include provisions for indigent offenders and the collection of
4unpaid fees. The program shall not unduly burden the offender
5and shall be subject to review by the Chief Judge.
6    The Chief Judge of the circuit court may suspend any
7additional charges or fees for late payment, interest, or
8damage to any device.
9    (h) Jurisdiction over an offender may be transferred from
10the sentencing court to the court of another circuit with the
11concurrence of both courts. Further transfers or retransfers of
12jurisdiction are also authorized in the same manner. The court
13to which jurisdiction has been transferred shall have the same
14powers as the sentencing court. The probation department within
15the circuit to which jurisdiction has been transferred, or
16which has agreed to provide supervision, may impose probation
17fees upon receiving the transferred offender, as provided in
18subsection (i). For all transfer cases, as defined in Section
199b of the Probation and Probation Officers Act, the probation
20department from the original sentencing court shall retain all
21probation fees collected prior to the transfer. After the
22transfer, all probation fees shall be paid to the probation
23department within the circuit to which jurisdiction has been
24transferred.
25    (i) The court shall impose upon an offender sentenced to
26probation after January 1, 1989 or to conditional discharge

 

 

HB3064- 309 -LRB101 10107 LNS 55210 b

1after January 1, 1992 or to community service under the
2supervision of a probation or court services department after
3January 1, 2004, as a condition of such probation or
4conditional discharge or supervised community service, a fee of
5$50 for each month of probation or conditional discharge
6supervision or supervised community service ordered by the
7court, unless after determining the inability of the person
8sentenced to probation or conditional discharge or supervised
9community service to pay the fee, the court assesses a lesser
10fee. The court may not impose the fee on a minor who is placed
11in the guardianship or custody of the Department of Children
12and Family Services under the Juvenile Court Act of 1987 while
13the minor is in placement. The fee shall be imposed only upon
14an offender who is actively supervised by the probation and
15court services department. The fee shall be collected by the
16clerk of the circuit court. The clerk of the circuit court
17shall pay all monies collected from this fee to the county
18treasurer for deposit in the probation and court services fund
19under Section 15.1 of the Probation and Probation Officers Act.
20    A circuit court may not impose a probation fee under this
21subsection (i) in excess of $25 per month unless the circuit
22court has adopted, by administrative order issued by the chief
23judge, a standard probation fee guide determining an offender's
24ability to pay Of the amount collected as a probation fee, up
25to $5 of that fee collected per month may be used to provide
26services to crime victims and their families.

 

 

HB3064- 310 -LRB101 10107 LNS 55210 b

1    The Court may only waive probation fees based on an
2offender's ability to pay. The probation department may
3re-evaluate an offender's ability to pay every 6 months, and,
4with the approval of the Director of Court Services or the
5Chief Probation Officer, adjust the monthly fee amount. An
6offender may elect to pay probation fees due in a lump sum. Any
7offender that has been assigned to the supervision of a
8probation department, or has been transferred either under
9subsection (h) of this Section or under any interstate compact,
10shall be required to pay probation fees to the department
11supervising the offender, based on the offender's ability to
12pay.
13    Public Act 93-970 deletes the $10 increase in the fee under
14this subsection that was imposed by Public Act 93-616. This
15deletion is intended to control over any other Act of the 93rd
16General Assembly that retains or incorporates that fee
17increase.
18    (i-5) In addition to the fees imposed under subsection (i)
19of this Section, in the case of an offender convicted of a
20felony sex offense (as defined in the Sex Offender Management
21Board Act) or an offense that the court or probation department
22has determined to be sexually motivated (as defined in the Sex
23Offender Management Board Act), the court or the probation
24department shall assess additional fees to pay for all costs of
25treatment, assessment, evaluation for risk and treatment, and
26monitoring the offender, based on that offender's ability to

 

 

HB3064- 311 -LRB101 10107 LNS 55210 b

1pay those costs either as they occur or under a payment plan.
2    (j) All fines and costs imposed under this Section for any
3violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
4Code, or a similar provision of a local ordinance, and any
5violation of the Child Passenger Protection Act, or a similar
6provision of a local ordinance, shall be collected and
7disbursed by the circuit clerk as provided under the Criminal
8and Traffic Assessment Act Section 27.5 of the Clerks of Courts
9Act.
10    (k) Any offender who is sentenced to probation or
11conditional discharge for a felony sex offense as defined in
12the Sex Offender Management Board Act or any offense that the
13court or probation department has determined to be sexually
14motivated as defined in the Sex Offender Management Board Act
15shall be required to refrain from any contact, directly or
16indirectly, with any persons specified by the court and shall
17be available for all evaluations and treatment programs
18required by the court or the probation department.
19    (l) The court may order an offender who is sentenced to
20probation or conditional discharge for a violation of an order
21of protection be placed under electronic surveillance as
22provided in Section 5-8A-7 of this Code.
23(Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16;
24100-159, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff.
251-8-18.)
 

 

 

HB3064- 312 -LRB101 10107 LNS 55210 b

1    (730 ILCS 5/5-6-3.1)  (from Ch. 38, par. 1005-6-3.1)
2    Sec. 5-6-3.1. Incidents and conditions of supervision.
3    (a) When a defendant is placed on supervision, the court
4shall enter an order for supervision specifying the period of
5such supervision, and shall defer further proceedings in the
6case until the conclusion of the period.
7    (b) The period of supervision shall be reasonable under all
8of the circumstances of the case, but may not be longer than 2
9years, unless the defendant has failed to pay the assessment
10required by Section 10.3 of the Cannabis Control Act, Section
11411.2 of the Illinois Controlled Substances Act, or Section 80
12of the Methamphetamine Control and Community Protection Act, in
13which case the court may extend supervision beyond 2 years.
14Additionally, the court shall order the defendant to perform no
15less than 30 hours of community service and not more than 120
16hours of community service, if community service is available
17in the jurisdiction and is funded and approved by the county
18board where the offense was committed, when the offense (1) was
19related to or in furtherance of the criminal activities of an
20organized gang or was motivated by the defendant's membership
21in or allegiance to an organized gang; or (2) is a violation of
22any Section of Article 24 of the Criminal Code of 1961 or the
23Criminal Code of 2012 where a disposition of supervision is not
24prohibited by Section 5-6-1 of this Code. The community service
25shall include, but not be limited to, the cleanup and repair of
26any damage caused by violation of Section 21-1.3 of the

 

 

HB3064- 313 -LRB101 10107 LNS 55210 b

1Criminal Code of 1961 or the Criminal Code of 2012 and similar
2damages to property located within the municipality or county
3in which the violation occurred. Where possible and reasonable,
4the community service should be performed in the offender's
5neighborhood.
6    For the purposes of this Section, "organized gang" has the
7meaning ascribed to it in Section 10 of the Illinois Streetgang
8Terrorism Omnibus Prevention Act.
9    (c) The court may in addition to other reasonable
10conditions relating to the nature of the offense or the
11rehabilitation of the defendant as determined for each
12defendant in the proper discretion of the court require that
13the person:
14        (1) make a report to and appear in person before or
15    participate with the court or such courts, person, or
16    social service agency as directed by the court in the order
17    of supervision;
18        (2) pay a fine and costs;
19        (3) work or pursue a course of study or vocational
20    training;
21        (4) undergo medical, psychological or psychiatric
22    treatment; or treatment for drug addiction or alcoholism;
23        (5) attend or reside in a facility established for the
24    instruction or residence of defendants on probation;
25        (6) support his dependents;
26        (7) refrain from possessing a firearm or other

 

 

HB3064- 314 -LRB101 10107 LNS 55210 b

1    dangerous weapon;
2        (8) and in addition, if a minor:
3            (i) reside with his parents or in a foster home;
4            (ii) attend school;
5            (iii) attend a non-residential program for youth;
6            (iv) contribute to his own support at home or in a
7        foster home; or
8            (v) with the consent of the superintendent of the
9        facility, attend an educational program at a facility
10        other than the school in which the offense was
11        committed if he or she is placed on supervision for a
12        crime of violence as defined in Section 2 of the Crime
13        Victims Compensation Act committed in a school, on the
14        real property comprising a school, or within 1,000 feet
15        of the real property comprising a school;
16        (9) make restitution or reparation in an amount not to
17    exceed actual loss or damage to property and pecuniary loss
18    or make restitution under Section 5-5-6 to a domestic
19    violence shelter. The court shall determine the amount and
20    conditions of payment;
21        (10) perform some reasonable public or community
22    service;
23        (11) comply with the terms and conditions of an order
24    of protection issued by the court pursuant to the Illinois
25    Domestic Violence Act of 1986 or an order of protection
26    issued by the court of another state, tribe, or United

 

 

HB3064- 315 -LRB101 10107 LNS 55210 b

1    States territory. If the court has ordered the defendant to
2    make a report and appear in person under paragraph (1) of
3    this subsection, a copy of the order of protection shall be
4    transmitted to the person or agency so designated by the
5    court;
6        (12) reimburse any "local anti-crime program" as
7    defined in Section 7 of the Anti-Crime Advisory Council Act
8    for any reasonable expenses incurred by the program on the
9    offender's case, not to exceed the maximum amount of the
10    fine authorized for the offense for which the defendant was
11    sentenced;
12        (13) contribute a reasonable sum of money, not to
13    exceed the maximum amount of the fine authorized for the
14    offense for which the defendant was sentenced, (i) to a
15    "local anti-crime program", as defined in Section 7 of the
16    Anti-Crime Advisory Council Act, or (ii) for offenses under
17    the jurisdiction of the Department of Natural Resources, to
18    the fund established by the Department of Natural Resources
19    for the purchase of evidence for investigation purposes and
20    to conduct investigations as outlined in Section 805-105 of
21    the Department of Natural Resources (Conservation) Law;
22        (14) refrain from entering into a designated
23    geographic area except upon such terms as the court finds
24    appropriate. Such terms may include consideration of the
25    purpose of the entry, the time of day, other persons
26    accompanying the defendant, and advance approval by a

 

 

HB3064- 316 -LRB101 10107 LNS 55210 b

1    probation officer;
2        (15) refrain from having any contact, directly or
3    indirectly, with certain specified persons or particular
4    types of person, including but not limited to members of
5    street gangs and drug users or dealers;
6        (16) refrain from having in his or her body the
7    presence of any illicit drug prohibited by the Cannabis
8    Control Act, the Illinois Controlled Substances Act, or the
9    Methamphetamine Control and Community Protection Act,
10    unless prescribed by a physician, and submit samples of his
11    or her blood or urine or both for tests to determine the
12    presence of any illicit drug;
13        (17) refrain from operating any motor vehicle not
14    equipped with an ignition interlock device as defined in
15    Section 1-129.1 of the Illinois Vehicle Code; under this
16    condition the court may allow a defendant who is not
17    self-employed to operate a vehicle owned by the defendant's
18    employer that is not equipped with an ignition interlock
19    device in the course and scope of the defendant's
20    employment; and
21        (18) if placed on supervision for a sex offense as
22    defined in subsection (a-5) of Section 3-1-2 of this Code,
23    unless the offender is a parent or guardian of the person
24    under 18 years of age present in the home and no
25    non-familial minors are present, not participate in a
26    holiday event involving children under 18 years of age,

 

 

HB3064- 317 -LRB101 10107 LNS 55210 b

1    such as distributing candy or other items to children on
2    Halloween, wearing a Santa Claus costume on or preceding
3    Christmas, being employed as a department store Santa
4    Claus, or wearing an Easter Bunny costume on or preceding
5    Easter.
6    (c-5) If payment of restitution as ordered has not been
7made, the victim shall file a petition notifying the sentencing
8court, any other person to whom restitution is owed, and the
9State's Attorney of the status of the ordered restitution
10payments unpaid at least 90 days before the supervision
11expiration date. If payment as ordered has not been made, the
12court shall hold a review hearing prior to the expiration date,
13unless the hearing is voluntarily waived by the defendant with
14the knowledge that waiver may result in an extension of the
15supervision period or in a revocation of supervision. If the
16court does not extend supervision, it shall issue a judgment
17for the unpaid restitution and direct the clerk of the circuit
18court to file and enter the judgment in the judgment and lien
19docket, without fee, unless it finds that the victim has
20recovered a judgment against the defendant for the amount
21covered by the restitution order. If the court issues a
22judgment for the unpaid restitution, the court shall send to
23the defendant at his or her last known address written
24notification that a civil judgment has been issued for the
25unpaid restitution.
26    (d) The court shall defer entering any judgment on the

 

 

HB3064- 318 -LRB101 10107 LNS 55210 b

1charges until the conclusion of the supervision.
2    (e) At the conclusion of the period of supervision, if the
3court determines that the defendant has successfully complied
4with all of the conditions of supervision, the court shall
5discharge the defendant and enter a judgment dismissing the
6charges.
7    (f) Discharge and dismissal upon a successful conclusion of
8a disposition of supervision shall be deemed without
9adjudication of guilt and shall not be termed a conviction for
10purposes of disqualification or disabilities imposed by law
11upon conviction of a crime. Two years after the discharge and
12dismissal under this Section, unless the disposition of
13supervision was for a violation of Sections 3-707, 3-708,
143-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a
15similar provision of a local ordinance, or for a violation of
16Sections 12-3.2, 16-25, or 16A-3 of the Criminal Code of 1961
17or the Criminal Code of 2012, in which case it shall be 5 years
18after discharge and dismissal, a person may have his record of
19arrest sealed or expunged as may be provided by law. However,
20any defendant placed on supervision before January 1, 1980, may
21move for sealing or expungement of his arrest record, as
22provided by law, at any time after discharge and dismissal
23under this Section. A person placed on supervision for a sexual
24offense committed against a minor as defined in clause
25(a)(1)(L) of Section 5.2 of the Criminal Identification Act or
26for a violation of Section 11-501 of the Illinois Vehicle Code

 

 

HB3064- 319 -LRB101 10107 LNS 55210 b

1or a similar provision of a local ordinance shall not have his
2or her record of arrest sealed or expunged.
3    (g) A defendant placed on supervision and who during the
4period of supervision undergoes mandatory drug or alcohol
5testing, or both, or is assigned to be placed on an approved
6electronic monitoring device, shall be ordered to pay the costs
7incidental to such mandatory drug or alcohol testing, or both,
8and costs incidental to such approved electronic monitoring in
9accordance with the defendant's ability to pay those costs. The
10county board with the concurrence of the Chief Judge of the
11judicial circuit in which the county is located shall establish
12reasonable fees for the cost of maintenance, testing, and
13incidental expenses related to the mandatory drug or alcohol
14testing, or both, and all costs incidental to approved
15electronic monitoring, of all defendants placed on
16supervision. The concurrence of the Chief Judge shall be in the
17form of an administrative order. The fees shall be collected by
18the clerk of the circuit court, except as provided in an
19administrative order of the Chief Judge of the circuit court.
20The clerk of the circuit court shall pay all moneys collected
21from these fees to the county treasurer who shall use the
22moneys collected to defray the costs of drug testing, alcohol
23testing, and electronic monitoring. The county treasurer shall
24deposit the fees collected in the county working cash fund
25under Section 6-27001 or Section 6-29002 of the Counties Code,
26as the case may be.

 

 

HB3064- 320 -LRB101 10107 LNS 55210 b

1    The Chief Judge of the circuit court of the county may by
2administrative order establish a program for electronic
3monitoring of offenders, in which a vendor supplies and
4monitors the operation of the electronic monitoring device, and
5collects the fees on behalf of the county. The program shall
6include provisions for indigent offenders and the collection of
7unpaid fees. The program shall not unduly burden the offender
8and shall be subject to review by the Chief Judge.
9    The Chief Judge of the circuit court may suspend any
10additional charges or fees for late payment, interest, or
11damage to any device.
12    (h) A disposition of supervision is a final order for the
13purposes of appeal.
14    (i) The court shall impose upon a defendant placed on
15supervision after January 1, 1992 or to community service under
16the supervision of a probation or court services department
17after January 1, 2004, as a condition of supervision or
18supervised community service, a fee of $50 for each month of
19supervision or supervised community service ordered by the
20court, unless after determining the inability of the person
21placed on supervision or supervised community service to pay
22the fee, the court assesses a lesser fee. The court may not
23impose the fee on a minor who is placed in the guardianship or
24custody of the Department of Children and Family Services under
25the Juvenile Court Act of 1987 while the minor is in placement.
26The fee shall be imposed only upon a defendant who is actively

 

 

HB3064- 321 -LRB101 10107 LNS 55210 b

1supervised by the probation and court services department. The
2fee shall be collected by the clerk of the circuit court. The
3clerk of the circuit court shall pay all monies collected from
4this fee to the county treasurer for deposit in the probation
5and court services fund pursuant to Section 15.1 of the
6Probation and Probation Officers Act.
7    A circuit court may not impose a probation fee in excess of
8$25 per month unless the circuit court has adopted, by
9administrative order issued by the chief judge, a standard
10probation fee guide determining an offender's ability to pay.
11Of the amount collected as a probation fee, not to exceed $5 of
12that fee collected per month may be used to provide services to
13crime victims and their families.
14    The Court may only waive probation fees based on an
15offender's ability to pay. The probation department may
16re-evaluate an offender's ability to pay every 6 months, and,
17with the approval of the Director of Court Services or the
18Chief Probation Officer, adjust the monthly fee amount. An
19offender may elect to pay probation fees due in a lump sum. Any
20offender that has been assigned to the supervision of a
21probation department, or has been transferred either under
22subsection (h) of this Section or under any interstate compact,
23shall be required to pay probation fees to the department
24supervising the offender, based on the offender's ability to
25pay.
26    (j) All fines and costs imposed under this Section for any

 

 

HB3064- 322 -LRB101 10107 LNS 55210 b

1violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
2Code, or a similar provision of a local ordinance, and any
3violation of the Child Passenger Protection Act, or a similar
4provision of a local ordinance, shall be collected and
5disbursed by the circuit clerk as provided under the Criminal
6and Traffic Assessment Act Section 27.5 of the Clerks of Courts
7Act.
8    (k) A defendant at least 17 years of age who is placed on
9supervision for a misdemeanor in a county of 3,000,000 or more
10inhabitants and who has not been previously convicted of a
11misdemeanor or felony may as a condition of his or her
12supervision be required by the court to attend educational
13courses designed to prepare the defendant for a high school
14diploma and to work toward a high school diploma or to work
15toward passing high school equivalency testing or to work
16toward completing a vocational training program approved by the
17court. The defendant placed on supervision must attend a public
18institution of education to obtain the educational or
19vocational training required by this subsection (k). The
20defendant placed on supervision shall be required to pay for
21the cost of the educational courses or high school equivalency
22testing if a fee is charged for those courses or testing. The
23court shall revoke the supervision of a person who wilfully
24fails to comply with this subsection (k). The court shall
25resentence the defendant upon revocation of supervision as
26provided in Section 5-6-4. This subsection (k) does not apply

 

 

HB3064- 323 -LRB101 10107 LNS 55210 b

1to a defendant who has a high school diploma or has
2successfully passed high school equivalency testing. This
3subsection (k) does not apply to a defendant who is determined
4by the court to be a person with a developmental disability or
5otherwise mentally incapable of completing the educational or
6vocational program.
7    (l) The court shall require a defendant placed on
8supervision for possession of a substance prohibited by the
9Cannabis Control Act, the Illinois Controlled Substances Act,
10or the Methamphetamine Control and Community Protection Act
11after a previous conviction or disposition of supervision for
12possession of a substance prohibited by the Cannabis Control
13Act, the Illinois Controlled Substances Act, or the
14Methamphetamine Control and Community Protection Act or a
15sentence of probation under Section 10 of the Cannabis Control
16Act or Section 410 of the Illinois Controlled Substances Act
17and after a finding by the court that the person is addicted,
18to undergo treatment at a substance abuse program approved by
19the court.
20    (m) The Secretary of State shall require anyone placed on
21court supervision for a violation of Section 3-707 of the
22Illinois Vehicle Code or a similar provision of a local
23ordinance to give proof of his or her financial responsibility
24as defined in Section 7-315 of the Illinois Vehicle Code. The
25proof shall be maintained by the individual in a manner
26satisfactory to the Secretary of State for a minimum period of

 

 

HB3064- 324 -LRB101 10107 LNS 55210 b

13 years after the date the proof is first filed. The proof
2shall be limited to a single action per arrest and may not be
3affected by any post-sentence disposition. The Secretary of
4State shall suspend the driver's license of any person
5determined by the Secretary to be in violation of this
6subsection.
7    (n) Any offender placed on supervision for any offense that
8the court or probation department has determined to be sexually
9motivated as defined in the Sex Offender Management Board Act
10shall be required to refrain from any contact, directly or
11indirectly, with any persons specified by the court and shall
12be available for all evaluations and treatment programs
13required by the court or the probation department.
14    (o) An offender placed on supervision for a sex offense as
15defined in the Sex Offender Management Board Act shall refrain
16from residing at the same address or in the same condominium
17unit or apartment unit or in the same condominium complex or
18apartment complex with another person he or she knows or
19reasonably should know is a convicted sex offender or has been
20placed on supervision for a sex offense. The provisions of this
21subsection (o) do not apply to a person convicted of a sex
22offense who is placed in a Department of Corrections licensed
23transitional housing facility for sex offenders.
24    (p) An offender placed on supervision for an offense
25committed on or after June 1, 2008 (the effective date of
26Public Act 95-464) that would qualify the accused as a child

 

 

HB3064- 325 -LRB101 10107 LNS 55210 b

1sex offender as defined in Section 11-9.3 or 11-9.4 of the
2Criminal Code of 1961 or the Criminal Code of 2012 shall
3refrain from communicating with or contacting, by means of the
4Internet, a person who is not related to the accused and whom
5the accused reasonably believes to be under 18 years of age.
6For purposes of this subsection (p), "Internet" has the meaning
7ascribed to it in Section 16-0.1 of the Criminal Code of 2012;
8and a person is not related to the accused if the person is
9not: (i) the spouse, brother, or sister of the accused; (ii) a
10descendant of the accused; (iii) a first or second cousin of
11the accused; or (iv) a step-child or adopted child of the
12accused.
13    (q) An offender placed on supervision for an offense
14committed on or after June 1, 2008 (the effective date of
15Public Act 95-464) that would qualify the accused as a child
16sex offender as defined in Section 11-9.3 or 11-9.4 of the
17Criminal Code of 1961 or the Criminal Code of 2012 shall, if so
18ordered by the court, refrain from communicating with or
19contacting, by means of the Internet, a person who is related
20to the accused and whom the accused reasonably believes to be
21under 18 years of age. For purposes of this subsection (q),
22"Internet" has the meaning ascribed to it in Section 16-0.1 of
23the Criminal Code of 2012; and a person is related to the
24accused if the person is: (i) the spouse, brother, or sister of
25the accused; (ii) a descendant of the accused; (iii) a first or
26second cousin of the accused; or (iv) a step-child or adopted

 

 

HB3064- 326 -LRB101 10107 LNS 55210 b

1child of the accused.
2    (r) An offender placed on supervision for an offense under
3Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a
4juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or
511-21 of the Criminal Code of 1961 or the Criminal Code of
62012, or any attempt to commit any of these offenses, committed
7on or after June 1, 2009 (the effective date of Public Act
895-983) shall:
9        (i) not access or use a computer or any other device
10    with Internet capability without the prior written
11    approval of the court, except in connection with the
12    offender's employment or search for employment with the
13    prior approval of the court;
14        (ii) submit to periodic unannounced examinations of
15    the offender's computer or any other device with Internet
16    capability by the offender's probation officer, a law
17    enforcement officer, or assigned computer or information
18    technology specialist, including the retrieval and copying
19    of all data from the computer or device and any internal or
20    external peripherals and removal of such information,
21    equipment, or device to conduct a more thorough inspection;
22        (iii) submit to the installation on the offender's
23    computer or device with Internet capability, at the
24    offender's expense, of one or more hardware or software
25    systems to monitor the Internet use; and
26        (iv) submit to any other appropriate restrictions

 

 

HB3064- 327 -LRB101 10107 LNS 55210 b

1    concerning the offender's use of or access to a computer or
2    any other device with Internet capability imposed by the
3    court.
4    (s) An offender placed on supervision for an offense that
5is a sex offense as defined in Section 2 of the Sex Offender
6Registration Act that is committed on or after January 1, 2010
7(the effective date of Public Act 96-362) that requires the
8person to register as a sex offender under that Act, may not
9knowingly use any computer scrub software on any computer that
10the sex offender uses.
11    (t) An offender placed on supervision for a sex offense as
12defined in the Sex Offender Registration Act committed on or
13after January 1, 2010 (the effective date of Public Act 96-262)
14shall refrain from accessing or using a social networking
15website as defined in Section 17-0.5 of the Criminal Code of
162012.
17    (u) Jurisdiction over an offender may be transferred from
18the sentencing court to the court of another circuit with the
19concurrence of both courts. Further transfers or retransfers of
20jurisdiction are also authorized in the same manner. The court
21to which jurisdiction has been transferred shall have the same
22powers as the sentencing court. The probation department within
23the circuit to which jurisdiction has been transferred may
24impose probation fees upon receiving the transferred offender,
25as provided in subsection (i). The probation department from
26the original sentencing court shall retain all probation fees

 

 

HB3064- 328 -LRB101 10107 LNS 55210 b

1collected prior to the transfer.
2(Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15;
399-642, eff. 7-28-16; 99-797, eff. 8-12-16; 100-159, eff.
48-18-17; 100-201, eff. 8-18-17.)
 
5    (730 ILCS 5/5-7-1)  (from Ch. 38, par. 1005-7-1)
6    Sec. 5-7-1. Sentence of Periodic Imprisonment.
7    (a) A sentence of periodic imprisonment is a sentence of
8imprisonment during which the committed person may be released
9for periods of time during the day or night or for periods of
10days, or both, or if convicted of a felony, other than first
11degree murder, a Class X or Class 1 felony, committed to any
12county, municipal, or regional correctional or detention
13institution or facility in this State for such periods of time
14as the court may direct. Unless the court orders otherwise, the
15particular times and conditions of release shall be determined
16by the Department of Corrections, the sheriff, or the
17Superintendent of the house of corrections, who is
18administering the program.
19    (b) A sentence of periodic imprisonment may be imposed to
20permit the defendant to:
21        (1) seek employment;
22        (2) work;
23        (3) conduct a business or other self-employed
24    occupation including housekeeping;
25        (4) attend to family needs;

 

 

HB3064- 329 -LRB101 10107 LNS 55210 b

1        (5) attend an educational institution, including
2    vocational education;
3        (6) obtain medical or psychological treatment;
4        (7) perform work duties at a county, municipal, or
5    regional correctional or detention institution or
6    facility;
7        (8) continue to reside at home with or without
8    supervision involving the use of an approved electronic
9    monitoring device, subject to Article 8A of Chapter V; or
10        (9) for any other purpose determined by the court.
11    (c) Except where prohibited by other provisions of this
12Code, the court may impose a sentence of periodic imprisonment
13for a felony or misdemeanor on a person who is 17 years of age
14or older. The court shall not impose a sentence of periodic
15imprisonment if it imposes a sentence of imprisonment upon the
16defendant in excess of 90 days.
17    (d) A sentence of periodic imprisonment shall be for a
18definite term of from 3 to 4 years for a Class 1 felony, 18 to
1930 months for a Class 2 felony, and up to 18 months, or the
20longest sentence of imprisonment that could be imposed for the
21offense, whichever is less, for all other offenses; however, no
22person shall be sentenced to a term of periodic imprisonment
23longer than one year if he is committed to a county
24correctional institution or facility, and in conjunction with
25that sentence participate in a county work release program
26comparable to the work and day release program provided for in

 

 

HB3064- 330 -LRB101 10107 LNS 55210 b

1Article 13 of the Unified Code of Corrections in State
2facilities. The term of the sentence shall be calculated upon
3the basis of the duration of its term rather than upon the
4basis of the actual days spent in confinement. No sentence of
5periodic imprisonment shall be subject to the good time credit
6provisions of Section 3-6-3 of this Code.
7    (e) When the court imposes a sentence of periodic
8imprisonment, it shall state:
9        (1) the term of such sentence;
10        (2) the days or parts of days which the defendant is to
11    be confined;
12        (3) the conditions.
13    (f) The court may issue an order of protection pursuant to
14the Illinois Domestic Violence Act of 1986 as a condition of a
15sentence of periodic imprisonment. The Illinois Domestic
16Violence Act of 1986 shall govern the issuance, enforcement and
17recording of orders of protection issued under this Section. A
18copy of the order of protection shall be transmitted to the
19person or agency having responsibility for the case.
20    (f-5) An offender sentenced to a term of periodic
21imprisonment for a felony sex offense as defined in the Sex
22Offender Management Board Act shall be required to undergo and
23successfully complete sex offender treatment by a treatment
24provider approved by the Board and conducted in conformance
25with the standards developed under the Sex Offender Management
26Board Act.

 

 

HB3064- 331 -LRB101 10107 LNS 55210 b

1    (g) An offender sentenced to periodic imprisonment who
2undergoes mandatory drug or alcohol testing, or both, or is
3assigned to be placed on an approved electronic monitoring
4device, shall be ordered to pay the costs incidental to such
5mandatory drug or alcohol testing, or both, and costs
6incidental to such approved electronic monitoring in
7accordance with the defendant's ability to pay those costs. The
8county board with the concurrence of the Chief Judge of the
9judicial circuit in which the county is located shall establish
10reasonable fees for the cost of maintenance, testing, and
11incidental expenses related to the mandatory drug or alcohol
12testing, or both, and all costs incidental to approved
13electronic monitoring, of all offenders with a sentence of
14periodic imprisonment. The concurrence of the Chief Judge shall
15be in the form of an administrative order. The fees shall be
16collected by the clerk of the circuit court, except as provided
17in an administrative order of the Chief Judge of the circuit
18court. The clerk of the circuit court shall pay all moneys
19collected from these fees to the county treasurer who shall use
20the moneys collected to defray the costs of drug testing,
21alcohol testing, and electronic monitoring. The county
22treasurer shall deposit the fees collected in the county
23working cash fund under Section 6-27001 or Section 6-29002 of
24the Counties Code, as the case may be.
25    (h) All fees and costs imposed under this Section for any
26violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle

 

 

HB3064- 332 -LRB101 10107 LNS 55210 b

1Code, or a similar provision of a local ordinance, and any
2violation of the Child Passenger Protection Act, or a similar
3provision of a local ordinance, shall be collected and
4disbursed by the circuit clerk as provided under the Criminal
5and Traffic Assessment Act Section 27.5 of the Clerks of Courts
6Act.
7    The Chief Judge of the circuit court of the county may by
8administrative order establish a program for electronic
9monitoring of offenders, in which a vendor supplies and
10monitors the operation of the electronic monitoring device, and
11collects the fees on behalf of the county. The program shall
12include provisions for indigent offenders and the collection of
13unpaid fees. The program shall not unduly burden the offender
14and shall be subject to review by the Chief Judge.
15    The Chief Judge of the circuit court may suspend any
16additional charges or fees for late payment, interest, or
17damage to any device.
18    (i) A defendant at least 17 years of age who is convicted
19of a misdemeanor or felony in a county of 3,000,000 or more
20inhabitants and who has not been previously convicted of a
21misdemeanor or a felony and who is sentenced to a term of
22periodic imprisonment may as a condition of his or her sentence
23be required by the court to attend educational courses designed
24to prepare the defendant for a high school diploma and to work
25toward receiving a high school diploma or to work toward
26passing high school equivalency testing or to work toward

 

 

HB3064- 333 -LRB101 10107 LNS 55210 b

1completing a vocational training program approved by the court.
2The defendant sentenced to periodic imprisonment must attend a
3public institution of education to obtain the educational or
4vocational training required by this subsection (i). The
5defendant sentenced to a term of periodic imprisonment shall be
6required to pay for the cost of the educational courses or high
7school equivalency testing if a fee is charged for those
8courses or testing. The court shall revoke the sentence of
9periodic imprisonment of the defendant who wilfully fails to
10comply with this subsection (i). The court shall resentence the
11defendant whose sentence of periodic imprisonment has been
12revoked as provided in Section 5-7-2. This subsection (i) does
13not apply to a defendant who has a high school diploma or has
14successfully passed high school equivalency testing. This
15subsection (i) does not apply to a defendant who is determined
16by the court to be a person with a developmental disability or
17otherwise mentally incapable of completing the educational or
18vocational program.
19(Source: P.A. 98-718, eff. 1-1-15; 99-143, eff. 7-27-15;
2099-797, eff. 8-12-16.)
 
21    (730 ILCS 5/5-9-1)  (from Ch. 38, par. 1005-9-1)
22    Sec. 5-9-1. Authorized fines.
23    (a) An offender may be sentenced to pay a fine as provided
24in Article 4.5 of Chapter V.
25    (b) (Blank.).

 

 

HB3064- 334 -LRB101 10107 LNS 55210 b

1    (c) (Blank). There shall be added to every fine imposed in
2sentencing for a criminal or traffic offense, except an offense
3relating to parking or registration, or offense by a
4pedestrian, an additional penalty of $15 for each $40, or
5fraction thereof, of fine imposed. The additional penalty of
6$15 for each $40, or fraction thereof, of fine imposed, if not
7otherwise assessed, shall also be added to every fine imposed
8upon a plea of guilty, stipulation of facts or findings of
9guilty, resulting in a judgment of conviction, or order of
10supervision in criminal, traffic, local ordinance, county
11ordinance, and conservation cases (except parking,
12registration, or pedestrian violations), or upon a sentence of
13probation without entry of judgment under Section 10 of the
14Cannabis Control Act, Section 410 of the Illinois Controlled
15Substances Act, or Section 70 of the Methamphetamine Control
16and Community Protection Act.
17    Such additional amounts shall be assessed by the court
18imposing the fine and shall be collected by the Circuit Clerk
19in addition to the fine and costs in the case. Each such
20additional penalty shall be remitted by the Circuit Clerk
21within one month after receipt to the State Treasurer. The
22State Treasurer shall deposit $1 for each $40, or fraction
23thereof, of fine imposed into the LEADS Maintenance Fund. The
24State Treasurer shall deposit $3 for each $40, or fraction
25thereof, of fine imposed into the Law Enforcement Camera Grant
26Fund. The remaining surcharge amount shall be deposited into

 

 

HB3064- 335 -LRB101 10107 LNS 55210 b

1the Traffic and Criminal Conviction Surcharge Fund, unless the
2fine, costs or additional amounts are subject to disbursement
3by the circuit clerk under Section 27.5 of the Clerks of Courts
4Act. Such additional penalty shall not be considered a part of
5the fine for purposes of any reduction in the fine for time
6served either before or after sentencing. Not later than March
71 of each year the Circuit Clerk shall submit a report of the
8amount of funds remitted to the State Treasurer under this
9subsection (c) during the preceding calendar year. Except as
10otherwise provided by Supreme Court Rules, if a court in
11imposing a fine against an offender levies a gross amount for
12fine, costs, fees and penalties, the amount of the additional
13penalty provided for herein shall be computed on the amount
14remaining after deducting from the gross amount levied all fees
15of the Circuit Clerk, the State's Attorney and the Sheriff.
16After deducting from the gross amount levied the fees and
17additional penalty provided for herein, less any other
18additional penalties provided by law, the clerk shall remit the
19net balance remaining to the entity authorized by law to
20receive the fine imposed in the case. For purposes of this
21Section "fees of the Circuit Clerk" shall include, if
22applicable, the fee provided for under Section 27.3a of the
23Clerks of Courts Act and the fee, if applicable, payable to the
24county in which the violation occurred pursuant to Section
255-1101 of the Counties Code.
26    (c-5) (Blank). In addition to the fines imposed by

 

 

HB3064- 336 -LRB101 10107 LNS 55210 b

1subsection (c), any person convicted or receiving an order of
2supervision for driving under the influence of alcohol or drugs
3shall pay an additional $100 fee to the clerk. This additional
4fee, less 2 1/2% that shall be used to defray administrative
5costs incurred by the clerk, shall be remitted by the clerk to
6the Treasurer within 60 days after receipt for deposit into the
7Trauma Center Fund. This additional fee of $100 shall not be
8considered a part of the fine for purposes of any reduction in
9the fine for time served either before or after sentencing. Not
10later than March 1 of each year the Circuit Clerk shall submit
11a report of the amount of funds remitted to the State Treasurer
12under this subsection (c-5) during the preceding calendar year.
13    The Circuit Clerk may accept payment of fines and costs by
14credit card from an offender who has been convicted of a
15traffic offense, petty offense or misdemeanor and may charge
16the service fee permitted where fines and costs are paid by
17credit card provided for in Section 27.3b of the Clerks of
18Courts Act.
19    (c-7) (Blank). In addition to the fines imposed by
20subsection (c), any person convicted or receiving an order of
21supervision for driving under the influence of alcohol or drugs
22shall pay an additional $5 fee to the clerk. This additional
23fee, less 2 1/2% that shall be used to defray administrative
24costs incurred by the clerk, shall be remitted by the clerk to
25the Treasurer within 60 days after receipt for deposit into the
26Spinal Cord Injury Paralysis Cure Research Trust Fund. This

 

 

HB3064- 337 -LRB101 10107 LNS 55210 b

1additional fee of $5 shall not be considered a part of the fine
2for purposes of any reduction in the fine for time served
3either before or after sentencing. Not later than March 1 of
4each year the Circuit Clerk shall submit a report of the amount
5of funds remitted to the State Treasurer under this subsection
6(c-7) during the preceding calendar year.
7    (c-9) (Blank).
8    (d) In determining the amount and method of payment of a
9fine, except for those fines established for violations of
10Chapter 15 of the Illinois Vehicle Code, the court shall
11consider:
12        (1) the financial resources and future ability of the
13    offender to pay the fine; and
14        (2) whether the fine will prevent the offender from
15    making court ordered restitution or reparation to the
16    victim of the offense; and
17        (3) in a case where the accused is a dissolved
18    corporation and the court has appointed counsel to
19    represent the corporation, the costs incurred either by the
20    county or the State for such representation.
21    (e) The court may order the fine to be paid forthwith or
22within a specified period of time or in installments.
23    (f) (Blank). All fines, costs and additional amounts
24imposed under this Section for any violation of Chapters 3, 4,
256, and 11 of the Illinois Vehicle Code, or a similar provision
26of a local ordinance, and any violation of the Child Passenger

 

 

HB3064- 338 -LRB101 10107 LNS 55210 b

1Protection Act, or a similar provision of a local ordinance,
2shall be collected and disbursed by the circuit clerk as
3provided under Section 27.5 of the Clerks of Courts Act.
4(Source: P.A. 99-352, eff. 1-1-16.)
 
5    (730 ILCS 5/5-9-1.4)  (from Ch. 38, par. 1005-9-1.4)
6    Sec. 5-9-1.4. (a) "Crime laboratory" means any
7not-for-profit laboratory registered with the Drug Enforcement
8Administration of the United States Department of Justice,
9substantially funded by a unit or combination of units of local
10government or the State of Illinois, which regularly employs at
11least one person engaged in the analysis of controlled
12substances, cannabis, methamphetamine, or steroids for
13criminal justice agencies in criminal matters and provides
14testimony with respect to such examinations.
15    (b) (Blank). When a person has been adjudged guilty of an
16offense in violation of the Cannabis Control Act, the Illinois
17Controlled Substances Act, the Methamphetamine Control and
18Community Protection Act, or the Steroid Control Act, in
19addition to any other disposition, penalty or fine imposed, a
20criminal laboratory analysis fee of $100 for each offense for
21which he was convicted shall be levied by the court. Any person
22placed on probation pursuant to Section 10 of the Cannabis
23Control Act, Section 410 of the Illinois Controlled Substances
24Act, Section 70 of the Methamphetamine Control and Community
25Protection Act, or Section 10 of the Steroid Control Act or

 

 

HB3064- 339 -LRB101 10107 LNS 55210 b

1placed on supervision for a violation of the Cannabis Control
2Act, the Illinois Controlled Substances Act or the Steroid
3Control Act shall be assessed a criminal laboratory analysis
4fee of $100 for each offense for which he was charged. Upon
5verified petition of the person, the court may suspend payment
6of all or part of the fee if it finds that the person does not
7have the ability to pay the fee.
8    (c) In addition to any other disposition made pursuant to
9the provisions of the Juvenile Court Act of 1987, any minor
10adjudicated delinquent for an offense which if committed by an
11adult would constitute a violation of the Cannabis Control Act,
12the Illinois Controlled Substances Act, the Methamphetamine
13Control and Community Protection Act, or the Steroid Control
14Act shall be required to pay assessed a criminal laboratory
15analysis assessment fee of $100 for each adjudication. Upon
16verified petition of the minor, the court may suspend payment
17of all or part of the assessment fee if it finds that the minor
18does not have the ability to pay the assessment fee. The
19parent, guardian or legal custodian of the minor may pay some
20or all of such assessment fee on the minor's behalf.
21    (d) All criminal laboratory analysis fees provided for by
22this Section shall be collected by the clerk of the court and
23forwarded to the appropriate crime laboratory fund as provided
24in subsection (f).
25    (e) Crime laboratory funds shall be established as follows:
26        (1) Any unit of local government which maintains a

 

 

HB3064- 340 -LRB101 10107 LNS 55210 b

1    crime laboratory may establish a crime laboratory fund
2    within the office of the county or municipal treasurer.
3        (2) Any combination of units of local government which
4    maintains a crime laboratory may establish a crime
5    laboratory fund within the office of the treasurer of the
6    county where the crime laboratory is situated.
7        (3) The State Crime Laboratory Fund is hereby created
8    as a special fund in the State Treasury.
9    (f) The analysis assessment fee provided for in subsection
10subsections (b) and (c) of this Section shall be forwarded to
11the office of the treasurer of the unit of local government
12that performed the analysis if that unit of local government
13has established a crime laboratory fund, or to the State Crime
14Laboratory Fund if the analysis was performed by a laboratory
15operated by the Illinois State Police. If the analysis was
16performed by a crime laboratory funded by a combination of
17units of local government, the analysis assessment fee shall be
18forwarded to the treasurer of the county where the crime
19laboratory is situated if a crime laboratory fund has been
20established in that county. If the unit of local government or
21combination of units of local government has not established a
22crime laboratory fund, then the analysis assessment fee shall
23be forwarded to the State Crime Laboratory Fund. The clerk of
24the circuit court may retain the amount of $10 from each
25collected analysis fee to offset administrative costs incurred
26in carrying out the clerk's responsibilities under this

 

 

HB3064- 341 -LRB101 10107 LNS 55210 b

1Section.
2    (g) Moneys Fees deposited into a crime laboratory fund
3created pursuant to paragraphs (1) or (2) of subsection (e) of
4this Section shall be in addition to any allocations made
5pursuant to existing law and shall be designated for the
6exclusive use of the crime laboratory. These uses may include,
7but are not limited to, the following:
8        (1) costs incurred in providing analysis for
9    controlled substances in connection with criminal
10    investigations conducted within this State;
11        (2) purchase and maintenance of equipment for use in
12    performing analyses; and
13        (3) continuing education, training and professional
14    development of forensic scientists regularly employed by
15    these laboratories.
16    (h) Moneys Fees deposited in the State Crime Laboratory
17Fund created pursuant to paragraph (3) of subsection (d) of
18this Section shall be used by State crime laboratories as
19designated by the Director of State Police. These funds shall
20be in addition to any allocations made pursuant to existing law
21and shall be designated for the exclusive use of State crime
22laboratories. These uses may include those enumerated in
23subsection (g) of this Section.
24(Source: P.A. 94-556, eff. 9-11-05.)
 
25    (730 ILCS 5/5-9-1.7)  (from Ch. 38, par. 1005-9-1.7)

 

 

HB3064- 342 -LRB101 10107 LNS 55210 b

1    Sec. 5-9-1.7. Sexual assault fines.
2    (a) Definitions. The terms used in this Section shall have
3the following meanings ascribed to them:
4        (1) "Sexual assault" means the commission or attempted
5    commission of the following: sexual exploitation of a
6    child, criminal sexual assault, predatory criminal sexual
7    assault of a child, aggravated criminal sexual assault,
8    criminal sexual abuse, aggravated criminal sexual abuse,
9    indecent solicitation of a child, public indecency, sexual
10    relations within families, promoting juvenile
11    prostitution, soliciting for a juvenile prostitute,
12    keeping a place of juvenile prostitution, patronizing a
13    juvenile prostitute, juvenile pimping, exploitation of a
14    child, obscenity, child pornography, aggravated child
15    pornography, harmful material, or ritualized abuse of a
16    child, as those offenses are defined in the Criminal Code
17    of 1961 or the Criminal Code of 2012.
18        (2) (Blank). "Family member" shall have the meaning
19    ascribed to it in Section 11-0.1 of the Criminal Code of
20    2012.
21        (3) "Sexual assault organization" means any
22    not-for-profit organization providing comprehensive,
23    community-based services to victims of sexual assault.
24    "Community-based services" include, but are not limited
25    to, direct crisis intervention through a 24-hour response,
26    medical and legal advocacy, counseling, information and

 

 

HB3064- 343 -LRB101 10107 LNS 55210 b

1    referral services, training, and community education.
2    (b) (Blank). Sexual assault fine; collection by clerk.
3        (1) In addition to any other penalty imposed, a fine of
4    $200 shall be imposed upon any person who pleads guilty or
5    who is convicted of, or who receives a disposition of court
6    supervision for, a sexual assault or attempt of a sexual
7    assault. Upon request of the victim or the victim's
8    representative, the court shall determine whether the fine
9    will impose an undue burden on the victim of the offense.
10    For purposes of this paragraph, the defendant may not be
11    considered the victim's representative. If the court finds
12    that the fine would impose an undue burden on the victim,
13    the court may reduce or waive the fine. The court shall
14    order that the defendant may not use funds belonging solely
15    to the victim of the offense for payment of the fine.
16        (2) Sexual assault fines shall be assessed by the court
17    imposing the sentence and shall be collected by the circuit
18    clerk. The circuit clerk shall retain 10% of the penalty to
19    cover the costs involved in administering and enforcing
20    this Section. The circuit clerk shall remit the remainder
21    of each fine within one month of its receipt to the State
22    Treasurer for deposit as follows:
23            (i) for family member offenders, one-half to the
24        Sexual Assault Services Fund, and one-half to the
25        Domestic Violence Shelter and Service Fund; and
26            (ii) for other than family member offenders, the

 

 

HB3064- 344 -LRB101 10107 LNS 55210 b

1        full amount to the Sexual Assault Services Fund.
2    (c) Sexual Assault Services Fund; administration. There is
3created a Sexual Assault Services Fund. Moneys deposited into
4the Fund under Section 15-20 and 15-40 of the Criminal and
5Traffic Assessment Act this Section shall be appropriated to
6the Department of Public Health. Upon appropriation of moneys
7from the Sexual Assault Services Fund, the Department of Public
8Health shall make grants of these moneys from the Fund to
9sexual assault organizations with whom the Department has
10contracts for the purpose of providing community-based
11services to victims of sexual assault. Grants made under this
12Section are in addition to, and are not substitutes for, other
13grants authorized and made by the Department.
14(Source: P.A. 96-1551, eff. 7-1-11; 97-1109, eff. 1-1-13;
1597-1150, eff. 1-25-13.)
 
16    (730 ILCS 5/5-9-1.9)
17    Sec. 5-9-1.9. DUI analysis fee.
18    (a) "Crime laboratory" means a not-for-profit laboratory
19substantially funded by a single unit or combination of units
20of local government or the State of Illinois that regularly
21employs at least one person engaged in the DUI analysis of
22blood, other bodily substance, and urine for criminal justice
23agencies in criminal matters and provides testimony with
24respect to such examinations.
25    "DUI analysis" means an analysis of blood, other bodily

 

 

HB3064- 345 -LRB101 10107 LNS 55210 b

1substance, or urine for purposes of determining whether a
2violation of Section 11-501 of the Illinois Vehicle Code has
3occurred.
4    (b) (Blank). When a person has been adjudged guilty of an
5offense in violation of Section 11-501 of the Illinois Vehicle
6Code, in addition to any other disposition, penalty, or fine
7imposed, a crime laboratory DUI analysis fee of $150 for each
8offense for which the person was convicted shall be levied by
9the court for each case in which a laboratory analysis
10occurred. Upon verified petition of the person, the court may
11suspend payment of all or part of the fee if it finds that the
12person does not have the ability to pay the fee.
13    (c) In addition to any other disposition made under the
14provisions of the Juvenile Court Act of 1987, any minor
15adjudicated delinquent for an offense which if committed by an
16adult would constitute a violation of Section 11-501 of the
17Illinois Vehicle Code shall pay be assessed a crime laboratory
18DUI analysis assessment fee of $150 for each adjudication. Upon
19verified petition of the minor, the court may suspend payment
20of all or part of the assessment fee if it finds that the minor
21does not have the ability to pay the assessment fee. The
22parent, guardian, or legal custodian of the minor may pay some
23or all of the assessment fee on the minor's behalf.
24    (d) All crime laboratory DUI analysis assessments fees
25provided for by this Section shall be collected by the clerk of
26the court and forwarded to the appropriate crime laboratory DUI

 

 

HB3064- 346 -LRB101 10107 LNS 55210 b

1fund as provided in subsection (f).
2    (e) Crime laboratory funds shall be established as follows:
3        (1) A unit of local government that maintains a crime
4    laboratory may establish a crime laboratory DUI fund within
5    the office of the county or municipal treasurer.
6        (2) Any combination of units of local government that
7    maintains a crime laboratory may establish a crime
8    laboratory DUI fund within the office of the treasurer of
9    the county where the crime laboratory is situated.
10        (3) The State Police DUI Fund is created as a special
11    fund in the State Treasury.
12    (f) The analysis assessment fee provided for in subsection
13subsections (b) and (c) of this Section shall be forwarded to
14the office of the treasurer of the unit of local government
15that performed the analysis if that unit of local government
16has established a crime laboratory DUI fund, or to the State
17Treasurer for deposit into the State Police Operations
18Assistance DUI Fund if the analysis was performed by a
19laboratory operated by the Department of State Police. If the
20analysis was performed by a crime laboratory funded by a
21combination of units of local government, the analysis
22assessment fee shall be forwarded to the treasurer of the
23county where the crime laboratory is situated if a crime
24laboratory DUI fund has been established in that county. If the
25unit of local government or combination of units of local
26government has not established a crime laboratory DUI fund,

 

 

HB3064- 347 -LRB101 10107 LNS 55210 b

1then the analysis assessment fee shall be forwarded to the
2State Treasurer for deposit into the State Police Operations
3Assistance Fund DUI Fund. The clerk of the circuit court may
4retain the amount of $10 from each collected analysis fee to
5offset administrative costs incurred in carrying out the
6clerk's responsibilities under this Section.
7    (g) Moneys Fees deposited into a crime laboratory DUI fund
8created under paragraphs (1) and (2) of subsection (e) of this
9Section shall be in addition to any allocations made pursuant
10to existing law and shall be designated for the exclusive use
11of the crime laboratory. These uses may include, but are not
12limited to, the following:
13        (1) Costs incurred in providing analysis for DUI
14    investigations conducted within this State.
15        (2) Purchase and maintenance of equipment for use in
16    performing analyses.
17        (3) Continuing education, training, and professional
18    development of forensic scientists regularly employed by
19    these laboratories.
20    (h) Moneys Fees deposited in the State Police Operations
21Assistance DUI Fund created under paragraph (3) of subsection
22(e) of this Section shall be used by State crime laboratories
23as designated by the Director of State Police. These funds
24shall be in addition to any allocations made according to
25existing law and shall be designated for the exclusive use of
26State crime laboratories. These uses may include those

 

 

HB3064- 348 -LRB101 10107 LNS 55210 b

1enumerated in subsection (g) of this Section.
2(Source: P.A. 99-697, eff. 7-29-16.)
 
3    (730 ILCS 5/5-9-1.11)
4    Sec. 5-9-1.11. Domestic Violence Abuser Services Violation
5of an order of protection; Fund.
6    (a) (Blank). In addition to any other penalty imposed, a
7fine of $20 shall be imposed upon any person who is convicted
8of or placed on supervision for violation of an order of
9protection; provided that the offender and victim are family or
10household members as defined in Section 103 of the Illinois
11Domestic Violence Act of 1986.
12    The additional amount shall be assessed by the court
13imposing sentence and shall be collected by the Circuit Clerk
14in addition to the fine, if any, and costs in the case. Each
15such additional penalty shall be remitted by the Circuit Clerk
16within one month after receipt to the State Treasurer for
17deposit into the Domestic Violence Abuser Services Fund. The
18Circuit Clerk shall retain 10% of the penalty to cover the
19costs incurred in administering and enforcing this Section. The
20additional penalty shall not be considered a part of the fine
21for purposes of any reduction in the fine for time served
22either before or after sentencing.
23    The State Treasurer shall deposit into the Domestic
24Violence Abuser Services Fund each fine received from circuit
25clerks under Section 5-9-1.5 of the Unified Code of

 

 

HB3064- 349 -LRB101 10107 LNS 55210 b

1Corrections.
2    Upon request of the victim or the victim's representative,
3the court shall determine whether the fine will impose an undue
4burden on the victim of the offense. For purposes of this
5paragraph, the defendant may not be considered the victim's
6representative. If the court finds that the fine would impose
7an undue burden on the victim, the court may reduce or waive
8the fine. The court shall order that the defendant may not use
9funds belonging solely to the victim of the offense for payment
10of the fine.
11    Not later than March 1 of each year the Clerk of the
12Circuit Court shall submit to the State Comptroller a report of
13the amount of funds remitted by her or him to the State
14Treasurer under this Section during the preceding calendar
15year. Except as otherwise provided by Supreme Court Rules, if a
16court in sentencing an offender levies a gross amount for fine,
17costs, fees and penalties, the amount of the additional penalty
18provided for in this Section shall be collected from the amount
19remaining after deducting from the gross amount levied all fees
20of the Circuit Clerk, the State's Attorney, and the Sheriff.
21After deducting from the gross amount levied the fees and
22additional penalty provided for in this Section, less any other
23additional penalties provided by law, the clerk shall remit the
24net balance remaining to the entity authorized by law to
25receive the fine imposed in the case. For purposes of this
26Section "Fees of the Circuit Clerk" shall include, if

 

 

HB3064- 350 -LRB101 10107 LNS 55210 b

1applicable, the fee provided for under Section 27.3a of the
2Clerks of Courts Act and the fee, if applicable, payable to the
3county in which the violation occurred under Section 5-1101 of
4the Counties Code.
5    (b) Domestic Violence Abuser Services Fund;
6administration. There is created a Domestic Violence Abuser
7Services Fund in the State Treasury. Moneys deposited into the
8Fund under Section 15-70 of the Criminal and Traffic
9Assessments Act this Section shall be appropriated to the
10Department of Human Services for the purpose of providing
11services specified by this Section. Upon appropriation of
12moneys from the Domestic Violence Abuser Services Fund, the
13Department of Human Services shall set aside 10% of all
14appropriated funds for the purposes of program training,
15development and assessment. The Department shall make grants of
16all remaining moneys from the Fund to qualified domestic
17violence abuser services programs through a competitive
18application process. A "qualified domestic violence abuser
19services program" is one which the Department determines is in
20compliance with protocols for abuser services promulgated by
21the Department. To the extent possible the Department shall
22ensure that moneys received from penalties imposed by courts in
23judicial districts are returned to qualified abuser services
24programs serving those districts.
25(Source: P.A. 90-241, eff. 1-1-98.)
 

 

 

HB3064- 351 -LRB101 10107 LNS 55210 b

1    (730 ILCS 5/5-9-1.16)
2    Sec. 5-9-1.16. Protective order violation service provider
3fees.
4    (a) (Blank). There shall be added to every penalty imposed
5in sentencing for a violation of an order of protection under
6Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the
7Criminal Code of 2012 an additional fee to be set in an amount
8not less than $200 to be imposed upon a plea of guilty or
9finding of guilty resulting in a judgment of conviction.
10    (b) (Blank). Such additional amount shall be assessed by
11the court imposing sentence and shall be collected by the
12Circuit Clerk in addition to the fine, if any, and costs in the
13case to be used by the supervising authority in implementing
14the domestic violence surveillance program. The clerk of the
15circuit court shall pay all monies collected from this fee to
16the county treasurer for deposit in the probation and court
17services fund under Section 15.1 of the Probation and
18Probations Officers Act.
19    (c) The supervising authority of a domestic violence
20surveillance program under Section 5-8A-7 of this Act shall
21assess a person either convicted of, or charged with, the
22violation of an order of protection an additional service
23provider fee to cover the costs of providing the equipment used
24and the additional supervision needed for such domestic
25violence surveillance program. If the court finds that the fee
26would impose an undue burden on the victim, the court may

 

 

HB3064- 352 -LRB101 10107 LNS 55210 b

1reduce or waive the fee. The court shall order that the
2defendant may not use funds belonging solely to the victim of
3the offense for payment of the fee.
4    When the supervising authority is the court or the
5probation and court services department, the fee shall be
6collected by the circuit court clerk. The clerk of the circuit
7court shall pay all monies collected from this fee and all
8other required probation fees that are assessed to the county
9treasurer for deposit in the probation and court services fund
10under Section 15.1 of the Probation and Probations Officers
11Act. In counties with a population of 2 million or more, when
12the supervising authority is the court or the probation and
13court services department, the fee shall be collected by the
14supervising authority. In these counties, the supervising
15authority shall pay all monies collected from this fee and all
16other required probation fees that are assessed, to the county
17treasurer for deposit in the probation and court services fund
18under Section 15.1 of the Probation and Probation Officers Act.
19    When the supervising authority is the Department of
20Corrections, the Department shall collect the fee for deposit
21into the Department of Corrections Reimbursement and Education
22Fund. The Circuit Clerk shall retain 10% of such penalty and
23deposit that percentage into the Circuit Court Clerk Operation
24and Administrative Fund to cover the costs incurred in
25administering and enforcing this Section.
26    (d) (Blank).

 

 

HB3064- 353 -LRB101 10107 LNS 55210 b

1    (e) (Blank).
2(Source: P.A. 99-933, eff. 1-27-17.)
 
3    (730 ILCS 5/5-9-1.21)
4    Sec. 5-9-1.21. Specialized Services for Survivors of Human
5Trafficking Fund.
6    (a) There is created in the State treasury a Specialized
7Services for Survivors of Human Trafficking Fund. Moneys
8deposited into the Fund under this Section shall be available
9for the Department of Human Services for the purposes in this
10Section.
11    (b) (Blank). Each plea of guilty, stipulation of facts, or
12finding of guilt resulting in a judgment of conviction or order
13of supervision for an offense under Section 10-9, 11-14.1,
1411-14.3, or 11-18 of the Criminal Code of 2012 that results in
15the imposition of a fine shall have a portion of that fine
16deposited into the Specialized Services for Survivors of Human
17Trafficking Fund.
18    (c) (Blank). If imposed, the fine shall be collected by the
19circuit court clerk in addition to any other imposed fee. The
20circuit court clerk shall retain $50 to cover the costs in
21administering and enforcing this Section. The circuit court
22clerk shall remit the remainder of the fine within one month of
23its receipt as follows:
24        (1) $300 shall be distributed equally between all State
25    law enforcement agencies whose officers or employees

 

 

HB3064- 354 -LRB101 10107 LNS 55210 b

1    conducted the investigation or prosecution that resulted
2    in the finding of guilt; and
3        (2) the remainder of the fine shall be remitted to the
4    Department of Human Services for deposit into the
5    Specialized Services for Survivors of Human Trafficking
6    Fund.
7    (d) Upon appropriation of moneys from the Specialized
8Services for Survivors of Human Trafficking Fund, the
9Department of Human Services shall use these moneys to make
10grants to non-governmental organizations to provide
11specialized, trauma-informed services specifically designed to
12address the priority service needs associated with
13prostitution and human trafficking. Priority services include,
14but are not limited to, community based drop-in centers,
15emergency housing, and long-term safe homes. The Department
16shall consult with prostitution and human trafficking
17advocates, survivors, and service providers to identify
18priority service needs in their respective communities.
19    (e) Grants made under this Section are in addition to, and
20not substitutes for, other grants authorized and made by the
21Department.
22    (f) Notwithstanding any other law to the contrary, the
23Specialized Services for Survivors of Human Trafficking Fund is
24not subject to sweeps, administrative charge-backs, or any
25other fiscal maneuver that would in any way transfer any
26amounts from the Specialized Services for Survivors of Human

 

 

HB3064- 355 -LRB101 10107 LNS 55210 b

1Trafficking Fund into any other fund of the State.
2(Source: P.A. 98-1013, eff. 1-1-15.)
 
3    Section 145. The Unified Code of Corrections is amended by
4reenacting Sections 5-9-1.5, 5-9-1.6, 5-9-1.10, 5-9-1.12,
55-9-1.14, 5-9-1.15, 5-9-1.17, 5-9-1.18, 5-9-1.19, and 5-9-1.20
6as follows:
 
7    (730 ILCS 5/5-9-1.5)  (from Ch. 38, par. 1005-9-1.5)
8    Sec. 5-9-1.5. Domestic violence fine. In addition to any
9other penalty imposed, a fine of $200 shall be imposed upon any
10person who pleads guilty or no contest to or who is convicted
11of murder, voluntary manslaughter, involuntary manslaughter,
12burglary, residential burglary, criminal trespass to
13residence, criminal trespass to vehicle, criminal trespass to
14land, criminal damage to property, telephone harassment,
15kidnapping, aggravated kidnapping, unlawful restraint,
16forcible detention, child abduction, indecent solicitation of
17a child, sexual relations between siblings, exploitation of a
18child, child pornography, assault, aggravated assault,
19battery, aggravated battery, heinous battery, aggravated
20battery of a child, domestic battery, reckless conduct,
21intimidation, criminal sexual assault, predatory criminal
22sexual assault of a child, aggravated criminal sexual assault,
23criminal sexual abuse, aggravated criminal sexual abuse,
24violation of an order of protection, disorderly conduct,

 

 

HB3064- 356 -LRB101 10107 LNS 55210 b

1endangering the life or health of a child, child abandonment,
2contributing to dependency or neglect of child, or cruelty to
3children and others; provided that the offender and victim are
4family or household members as defined in Section 103 of the
5Illinois Domestic Violence Act of 1986. Upon request of the
6victim or the victim's representative, the court shall
7determine whether the fine will impose an undue burden on the
8victim of the offense. For purposes of this paragraph, the
9defendant may not be considered the victim's representative. If
10the court finds that the fine would impose an undue burden on
11the victim, the court may reduce or waive the fine. The court
12shall order that the defendant may not use funds belonging
13solely to the victim of the offense for payment of the fine.
14The circuit clerk shall remit each fine within one month of its
15receipt to the State Treasurer for deposit as follows: (i) for
16sexual assault, as defined in Section 5-9-1.7, when the
17offender and victim are family members, one-half to the
18Domestic Violence Shelter and Service Fund, and one-half to the
19Sexual Assault Services Fund; (ii) for the remaining offenses
20to the Domestic Violence Shelter and Service Fund.
21(Source: P.A. 93-810, eff. 1-1-05.)
 
22    (730 ILCS 5/5-9-1.6)  (from Ch. 38, par. 1005-9-1.6)
23    Sec. 5-9-1.6. Fine for Domestic Battery. There shall be
24added to every penalty imposed in sentencing for the offense of
25domestic battery an additional fine in the amount of $10 to be

 

 

HB3064- 357 -LRB101 10107 LNS 55210 b

1imposed upon a plea of guilty, stipulation of facts or finding
2of guilty resulting in a judgment of conviction or order of
3supervision.
4    Such additional amount shall be assessed by the court
5imposing sentence and shall be collected by the Circuit Clerk
6in addition to the fine, if any, and costs in the case. Each
7such additional penalty shall be remitted by the Circuit Clerk
8within one month after receipt to the State Treasurer for
9deposit into the Domestic Violence Shelter and Service Fund.
10The Circuit Clerk shall retain 10% of such penalty to cover the
11costs incurred in administering and enforcing this Section.
12Such additional penalty shall not be considered a part of the
13fine for purposes of any reduction in the fine for time served
14either before or after sentencing.
15    Not later than March 1 of each year the Clerk of the
16Circuit Court shall submit to the State Comptroller a report of
17the amount of funds remitted by him to the State Treasurer
18under this Section during the preceding calendar year. Except
19as otherwise provided by Supreme Court Rules, if a court in
20sentencing an offender levies a gross amount for fine, costs,
21fees and penalties, the amount of the additional penalty
22provided for herein shall be collected from the amount
23remaining after deducting from the gross amount levied all fees
24of the Circuit Clerk, the State's Attorney and the Sheriff.
25After deducting from the gross amount levied the fees and
26additional penalty provided for herein, less any other

 

 

HB3064- 358 -LRB101 10107 LNS 55210 b

1additional penalties provided by law, the clerk shall remit the
2net balance remaining to the entity authorized by law to
3receive the fine imposed in the case. For purposes of this
4Section "fees of the Circuit Clerk" shall include, if
5applicable, the fee provided for under Section 27.3a of the
6Clerks of Courts Act and the fee, if applicable, payable to the
7county in which the violation occurred under Section 5-1101 of
8the Counties Code.
9(Source: P.A. 87-480; 87-895.)
 
10    (730 ILCS 5/5-9-1.10)
11    Sec. 5-9-1.10. Additional fines. There shall be added to
12every penalty imposed in sentencing for a violation of Sections
1324-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or the
14Criminal Code of 2012 an additional fine of $100 payable to the
15clerk, which shall be imposed upon the entry of a judgment of
16conviction. This additional fee, less 2 1/2% that shall be used
17to defray administrative costs incurred by the clerk, shall be
18remitted by the clerk to the Treasurer within 60 days after
19receipt for deposit into the Trauma Center Fund. This
20additional fee of $100 shall not be considered a part of the
21fine for purposes of any reduction in the fine for time served
22either before or after sentencing. Not later than March 1 of
23each year the circuit clerk shall submit a report of the amount
24of funds remitted to the State Treasurer under this Section
25during the preceding calendar year. All moneys collected by the

 

 

HB3064- 359 -LRB101 10107 LNS 55210 b

1circuit clerk and remitted to the State Treasurer under Section
227.6 of the Clerks of Courts Act shall be deposited into the
3Trauma Center Fund for distribution as provided under Section
43.225 of the Emergency Medical Services (EMS) Systems Act.
5(Source: P.A. 97-1150, eff. 1-25-13.)
 
6    (730 ILCS 5/5-9-1.12)
7    Sec. 5-9-1.12. Arson fines.
8    (a) In addition to any other penalty imposed, a fine of
9$500 shall be imposed upon a person convicted of the offense of
10arson, residential arson, or aggravated arson.
11    (b) The additional fine shall be assessed by the court
12imposing sentence and shall be collected by the Circuit Clerk
13in addition to the fine, if any, and costs in the case. Each
14such additional fine shall be remitted by the Circuit Clerk
15within one month after receipt to the State Treasurer for
16deposit into the Fire Prevention Fund. The Circuit Clerk shall
17retain 10% of such fine to cover the costs incurred in
18administering and enforcing this Section. The additional fine
19may not be considered a part of the fine for purposes of any
20reduction in the fine for time served either before or after
21sentencing. Arson fines that were previously deposited into the
22Fire Prevention Fund prior to the adoption of Public Act 96-400
23shall be used according to the purposes established in Section
2413.1 of the Fire Investigation Act.
25    (c) (Blank).

 

 

HB3064- 360 -LRB101 10107 LNS 55210 b

1    (d) (Blank).
2(Source: P.A. 96-400, eff. 8-13-09; 97-901, eff. 1-1-13.)
 
3    (730 ILCS 5/5-9-1.14)
4    Sec. 5-9-1.14. Additional child pornography fines. In
5addition to any other penalty imposed, a fine of $500 shall be
6imposed upon a person convicted of child pornography under
7Section 11-20.1 of the Criminal Code of 1961 or the Criminal
8Code of 2012. The additional fine shall be assessed by the
9court imposing sentence and shall be collected by the circuit
10clerk. Of this fee, $5 shall be deposited into the Circuit
11Court Clerk Operation and Administrative Fund created by the
12circuit clerk to be used to offset the costs incurred by the
13circuit clerk in performing the additional duties required to
14collect and disburse funds to entities of State and local
15government as provided by law. Each additional fine shall be
16remitted by the circuit clerk within one month after receipt to
17the unit of local or State government whose law enforcement
18officers investigated the case that gave rise to the conviction
19of the defendant for child pornography. When Department of
20State Police officers investigated the case that gave rise to
21the conviction of the defendant for child pornography, the
22additional fine shall be remitted by the circuit clerk within
23one month after receipt to the Department of State Police for
24deposit into the State Crime Laboratory Fund. When the
25Department of State Police provides digital or electronic

 

 

HB3064- 361 -LRB101 10107 LNS 55210 b

1forensic examination assistance, or both, to another law
2enforcement agency which investigated the case that gave rise
3to the conviction of the defendant for child pornography, $100
4of the additional fine shall be remitted by the circuit clerk
5within one month after receipt to the Department of State
6Police for deposit into the State Crime Laboratory Fund.
7(Source: P.A. 97-1150, eff. 1-25-13; 98-359, eff. 1-1-14.)
 
8    (730 ILCS 5/5-9-1.15)
9    Sec. 5-9-1.15. Sex offender fines.
10    (a) There shall be added to every penalty imposed in
11sentencing for a sex offense as defined in Section 2 of the Sex
12Offender Registration Act an additional fine in the amount of
13$500 to be imposed upon a plea of guilty, stipulation of facts
14or finding of guilty resulting in a judgment of conviction or
15order of supervision.
16    (b) Such additional amount shall be assessed by the court
17imposing sentence and shall be collected by the circuit clerk
18in addition to the fine, if any, and costs in the case. Each
19such additional penalty shall be remitted by the circuit clerk
20within one month after receipt to the State Treasurer for
21deposit into the Sex Offender Investigation Fund. The circuit
22clerk shall retain 10% of such penalty for deposit into the
23Circuit Court Clerk Operation and Administrative Fund created
24by the Clerk of the Circuit Court to cover the costs incurred
25in administering and enforcing this Section. Such additional

 

 

HB3064- 362 -LRB101 10107 LNS 55210 b

1penalty shall not be considered a part of the fine for purposes
2of any reduction in the fine for time served either before or
3after sentencing.
4    (c) Not later than March 1 of each year the clerk of the
5circuit court shall submit to the State Comptroller a report of
6the amount of funds remitted by him or her to the State
7Treasurer under this Section during the preceding calendar
8year. Except as otherwise provided by Supreme Court Rules, if a
9court in sentencing an offender levies a gross amount for fine,
10costs, fees and penalties, the amount of the additional penalty
11provided for herein shall be collected from the amount
12remaining after deducting from the gross amount levied all fees
13of the circuit clerk, the State's Attorney, and the sheriff.
14After deducting from the gross amount levied the fees and
15additional penalty provided for herein, less any other
16additional penalties provided by law, the clerk shall remit
17$100 of each $500 additional fine imposed under this Section to
18the State's Attorney of the county which prosecuted the case or
19the local law enforcement agency that investigated the case
20leading to the defendant's judgment of conviction or order of
21supervision and after such remission the net balance remaining
22to the entity authorized by law to receive the fine imposed in
23the case. For purposes of this Section "fees of the circuit
24clerk" shall include, if applicable, the fee provided for under
25Section 27.3a of the Clerks of Courts Act and the fee, if
26applicable, payable to the county in which the violation

 

 

HB3064- 363 -LRB101 10107 LNS 55210 b

1occurred under Section 5-1101 of the Counties Code.
2    (d) Subject to appropriation, moneys in the Sex Offender
3Investigation Fund shall be used by the Department of State
4Police to investigate alleged sex offenses and to make grants
5to local law enforcement agencies to investigate alleged sex
6offenses as such grants are awarded by the Director of State
7Police under rules established by the Director of State Police.
8(Source: P.A. 95-600, eff. 6-1-08; 95-876, eff. 8-21-08.)
 
9    (730 ILCS 5/5-9-1.17)
10    Sec. 5-9-1.17. Additional fine to fund expungement of
11juvenile records.
12    (a) There shall be added to every penalty imposed in
13sentencing for a criminal offense an additional fine of $30 to
14be imposed upon a plea of guilty or finding of guilty resulting
15in a judgment of conviction.
16    (b) Ten dollars of each such additional fine shall be
17remitted to the State Treasurer for deposit into the State
18Police Services Fund to be used to implement the expungement of
19juvenile records as provided in Section 5-622 of the Juvenile
20Court Act of 1987, $10 shall be paid to the State's Attorney's
21Office that prosecuted the criminal offense, and $10 shall be
22retained by the Circuit Clerk for administrative costs
23associated with the expungement of juvenile records and shall
24be deposited into the Circuit Court Clerk Operation and
25Administrative Fund.

 

 

HB3064- 364 -LRB101 10107 LNS 55210 b

1(Source: P.A. 96-707, eff. 1-1-10; 96-1000, eff. 7-2-10.)
 
2    (730 ILCS 5/5-9-1.18)
3    Sec. 5-9-1.18. Fee; Roadside Memorial Fund. A person who is
4convicted or receives a disposition of court supervision for a
5violation of Section 11-501 of the Illinois Vehicle Code shall,
6in addition to any other disposition, penalty, or fine imposed,
7pay a fee of $50 which shall be collected by the clerk of the
8court and then remitted to the State Treasurer for deposit into
9the Roadside Memorial Fund, a special fund that is created in
10the State treasury. However, the court may waive the fee if
11full restitution is complied with. Subject to appropriation,
12all moneys in the Roadside Memorial Fund shall be used by the
13Department of Transportation to pay fees imposed under
14subsection (f) of Section 20 of the Roadside Memorial Act.
15(Source: P.A. 96-667, eff. 8-25-09; 96-1000, eff. 7-2-10.)
 
16    (730 ILCS 5/5-9-1.19)
17    Sec. 5-9-1.19. Additional streetgang fine. In addition to
18any other penalty imposed, a fine of $100 shall be imposed upon
19a person convicted of any violation of the Criminal Code of
201961 or the Criminal Code of 2012 who was, at the time of the
21commission of the violation a streetgang member, as defined in
22Section 10 of the Illinois Streetgang Terrorism Omnibus
23Prevention Act. Such additional fine shall be assessed by the
24court imposing sentence and shall be collected by the circuit

 

 

HB3064- 365 -LRB101 10107 LNS 55210 b

1clerk. Of this fee, $5 shall be deposited into the Circuit
2Court Clerk Operation and Administrative Fund created by the
3Clerk of the Circuit Court to be used to offset the costs
4incurred by the Circuit Court Clerk in performing the
5additional duties required to collect and disburse funds as
6provided by law. Each such additional fine shall be remitted by
7the Circuit Court Clerk within one month after receipt to the
8State Police Streetgang-Related Crime Fund in the State
9treasury.
10(Source: P.A. 96-1029, eff. 7-13-10; 97-1150, eff. 1-25-13.)
 
11    (730 ILCS 5/5-9-1.20)
12    Sec. 5-9-1.20. Additional violation of parole fines. In
13addition to any other penalty imposed, a fine of $25 shall be
14imposed upon a person convicted of any violation of the
15Criminal Code of 1961 or the Criminal Code of 2012 who was, at
16the time of the commission of the offense on parole or
17mandatory supervised release. Such additional fine shall be
18assessed by the court imposing sentence and shall be collected
19by the circuit clerk. Of this fine, $5 shall be deposited into
20the Circuit Court Clerk Operation and Administrative Fund
21created by the Clerk of the Circuit Court to be used to offset
22the costs incurred by the Circuit Court Clerk in performing the
23additional duties required to collect and disburse funds as
24provided by law. The remainder of each such additional fine
25shall be remitted by the Circuit Court Clerk within one month

 

 

HB3064- 366 -LRB101 10107 LNS 55210 b

1after receipt to the State Treasurer for deposit into the
2Illinois Department of Corrections Parole Division Offender
3Supervision Fund in the State treasury.
4(Source: P.A. 97-262, eff. 8-5-11; 97-1150, eff. 1-25-13.)
 
5    Section 150. The County Jail Act is amended by changing
6Section 17 as follows:
 
7    (730 ILCS 125/17)  (from Ch. 75, par. 117)
8    Sec. 17. Bedding, clothing, fuel, and medical aid;
9reimbursement for medical expenses. The Warden of the jail
10shall furnish necessary bedding, clothing, fuel, and medical
11services for all prisoners under his charge, and keep an
12accurate account of the same. When services that result in
13qualified medical expenses are required by any person held in
14custody, the county, private hospital, physician or any public
15agency which provides such services shall be entitled to obtain
16reimbursement from the county for the cost of such services.
17The county board of a county may adopt an ordinance or
18resolution providing for reimbursement for the cost of those
19services at the Department of Healthcare and Family Services'
20rates for medical assistance. To the extent that such person is
21reasonably able to pay for such care, including reimbursement
22from any insurance program or from other medical benefit
23programs available to such person, he or she shall reimburse
24the county or arresting authority. If such person has already

 

 

HB3064- 367 -LRB101 10107 LNS 55210 b

1been determined eligible for medical assistance under the
2Illinois Public Aid Code at the time the person is detained,
3the cost of such services, to the extent such cost exceeds
4$500, shall be reimbursed by the Department of Healthcare and
5Family Services under that Code. A reimbursement under any
6public or private program authorized by this Section shall be
7paid to the county or arresting authority to the same extent as
8would have been obtained had the services been rendered in a
9non-custodial environment.
10    The sheriff or his or her designee may cause an application
11for medical assistance under the Illinois Public Aid Code to be
12completed for an arrestee who is a hospital inpatient. If such
13arrestee is determined eligible, he or she shall receive
14medical assistance under the Code for hospital inpatient
15services only. An arresting authority shall be responsible for
16any qualified medical expenses relating to the arrestee until
17such time as the arrestee is placed in the custody of the
18sheriff. However, the arresting authority shall not be so
19responsible if the arrest was made pursuant to a request by the
20sheriff. When medical expenses are required by any person held
21in custody, the county shall be entitled to obtain
22reimbursement from the County Jail Medical Costs Fund to the
23extent moneys are available from the Fund. To the extent that
24the person is reasonably able to pay for that care, including
25reimbursement from any insurance program or from other medical
26benefit programs available to the person, he or she shall

 

 

HB3064- 368 -LRB101 10107 LNS 55210 b

1reimburse the county.
2    The county shall be entitled to a $10 fee for each
3conviction or order of supervision for a criminal violation,
4other than a petty offense or business offense. The fee shall
5be taxed as costs to be collected from the defendant, if
6possible, upon conviction or entry of an order of supervision.
7The fee shall not be considered a part of the fine for purposes
8of any reduction in the fine.
9    All such fees collected shall be deposited by the county in
10a fund to be established and known as the County Jail Medical
11Costs Fund. Moneys in the Fund shall be used solely for
12reimbursement to the county of costs for medical expenses and
13administration of the Fund.
14    For the purposes of this Section, "arresting authority"
15means a unit of local government, other than a county, which
16employs peace officers and whose peace officers have made the
17arrest of a person. For the purposes of this Section,
18"qualified medical expenses" include medical and hospital
19services but do not include (i) expenses incurred for medical
20care or treatment provided to a person on account of a
21self-inflicted injury incurred prior to or in the course of an
22arrest, (ii) expenses incurred for medical care or treatment
23provided to a person on account of a health condition of that
24person which existed prior to the time of his or her arrest, or
25(iii) expenses for hospital inpatient services for arrestees
26enrolled for medical assistance under the Illinois Public Aid

 

 

HB3064- 369 -LRB101 10107 LNS 55210 b

1Code.
2(Source: P.A. 95-842, eff. 8-15-08; 96-1280, eff. 7-26-10.)
 
3    Section 155. The Code of Civil Procedure is amended by
4changing Section 5-105 as follows:
 
5    (735 ILCS 5/5-105)  (from Ch. 110, par. 5-105)
6    Sec. 5-105. Waiver of court fees, costs, and charges Leave
7to sue or defend as an indigent person.
8    (a) As used in this Section:
9        (1) "Fees, costs, and charges" means payments imposed
10    on a party in connection with the prosecution or defense of
11    a civil action, including, but not limited to: fees set
12    forth in Section 27.1b of the Clerks of Courts Act filing
13    fees; appearance fees; fees for service of process and
14    other papers served either within or outside this State,
15    including service by publication pursuant to Section 2-206
16    of this Code and publication of necessary legal notices;
17    motion fees; jury demand fees; charges for participation
18    in, or attendance at, any mandatory process or procedure
19    including, but not limited to, conciliation, mediation,
20    arbitration, counseling, evaluation, "Children First",
21    "Focus on Children" or similar programs; fees for
22    supplementary proceedings; charges for translation
23    services; guardian ad litem fees; charges for certified
24    copies of court documents; and all other processes and

 

 

HB3064- 370 -LRB101 10107 LNS 55210 b

1    procedures deemed by the court to be necessary to commence,
2    prosecute, defend, or enforce relief in a civil action.
3        (2) "Indigent person" means any person who meets one or
4    more of the following criteria:
5            (i) He or she is receiving assistance under one or
6        more of the following means based governmental public
7        benefits programs: Supplemental Security Income (SSI),
8        Aid to the Aged, Blind and Disabled (AABD), Temporary
9        Assistance for Needy Families (TANF), Supplemental
10        Nutrition Assistance Program (SNAP) Food Stamps,
11        General Assistance, Transitional Assistance, or State
12        Children and Family Assistance.
13            (ii) His or her available personal income is 200%
14        125% or less of the current poverty level as
15        established by the United States Department of Health
16        and Human Services, unless the applicant's assets that
17        are not exempt under Part 9 or 10 of Article XII of
18        this Code are of a nature and value that the court
19        determines that the applicant is able to pay the fees,
20        costs, and charges.
21            (iii) He or she is, in the discretion of the court,
22        unable to proceed in an action without payment of fees,
23        costs, and charges and whose payment of those fees,
24        costs, and charges would result in substantial
25        hardship to the person or his or her family.
26            (iv) He or she is an indigent person pursuant to

 

 

HB3064- 371 -LRB101 10107 LNS 55210 b

1        Section 5-105.5 of this Code.
2        (3) "Poverty level" means the current poverty level as
3    established by the United States Department of Health and
4    Human Services.
5    (b) On the application of any person, before, or after the
6commencement of an action: , a
7        (1) If the court finds , on finding that the applicant
8    is an indigent person, the court shall grant the applicant
9    a full fees, costs, and charges waiver entitling him or her
10    leave to sue or defend the action without payment of any of
11    the fees, costs, and charges. of the action
12        (2) If the court finds that the applicant satisfies any
13    of the criteria contained in items (i), (ii), or (iii) of
14    this subdivision (b)(2), the court shall grant the
15    applicant a partial fees, costs, and charges waiver
16    entitling him or her to sue or defend the action upon
17    payment of the applicable percentage of the assessments,
18    costs, and charges of the action, as follows:
19            (i) the court shall waive 75% of all fees, costs,
20        and charges if the available income of the applicant is
21        greater than 200% but does not exceed 250% of the
22        poverty level, unless the assets of the applicant that
23        are not exempt under Part 9 or 10 of Article XII of
24        this Code are such that the applicant is able, without
25        undue hardship, to pay a greater portion of the fees,
26        costs, and charges;

 

 

HB3064- 372 -LRB101 10107 LNS 55210 b

1            (ii) the court shall waive 50% of all fees, costs,
2        and charges if the available income is greater than
3        250% but does not exceed 300% of the poverty level,
4        unless the assets of the applicant that are not exempt
5        under Part 9 or 10 of Article XII of this Code are such
6        that the applicant is able, without undue hardship, to
7        pay a greater portion of the fees, costs, and charges;
8        and
9            (iii) the court shall waive 25% of all fees, costs,
10        and charges if the available income of the applicant is
11        greater than 300% but does not exceed 400% of the
12        current poverty level, unless the assets of the
13        applicant that are not exempt under Part 9 or 10 of
14        Article XII of this Code are such that the applicant is
15        able, without undue hardship, to pay a greater portion
16        of the fees, costs, and charges.
17    (c) An application for waiver of court fees, costs, and
18charges leave to sue or defend an action as an indigent person
19shall be in writing and signed supported by the affidavit of
20the applicant, or, if the applicant is a minor or an
21incompetent adult, by the affidavit of another person having
22knowledge of the facts. The contents of the application for
23waiver of court fees, costs, and charges, and the procedure for
24the decision of the applications, affidavit shall be
25established by Supreme Court Rule. Factors to consider in
26evaluating an application shall include:

 

 

HB3064- 373 -LRB101 10107 LNS 55210 b

1        (1) the applicant's receipt of needs based
2    governmental public benefits, including Supplemental
3    Security Income (SSI); Aid to the Aged, Blind and Disabled
4    (ADBD); Temporary Assistance for Needy Families (TANF);
5    Supplemental Nutrition Assistance Program (SNAP or "food
6    stamps"); General Assistance; Transitional Assistance; or
7    State Children and Family Assistance;
8        (2) the employment status of the applicant and amount
9    of monthly income, if any;
10        (3) income received from the applicant's pension,
11    Social Security benefits, unemployment benefits, and other
12    sources;
13        (4) income received by the applicant from other
14    household members;
15        (5) the applicant's monthly expenses, including rent,
16    home mortgage, other mortgage, utilities, food, medical,
17    vehicle, childcare, debts, child support, and other
18    expenses; and
19        (6) financial affidavits or other similar supporting
20    documentation provided by the applicant showing that
21    payment of the imposed fees, costs, and charges would
22    result in substantial hardship to the applicant or the
23    applicant's family.
24    (c-5) The court shall provide, through the office of the
25clerk of the court, the application for waiver of court fees,
26costs, and charges simplified forms consistent with the

 

 

HB3064- 374 -LRB101 10107 LNS 55210 b

1requirements of this Section and applicable Supreme Court Rules
2to any person seeking to sue or defend an action who indicates
3an inability to pay the fees, costs, and charges of the action.
4The application and supporting affidavit may be incorporated
5into one simplified form. The clerk of the court shall post in
6a conspicuous place in the courthouse a notice no smaller than
78.5 x 11 inches, using no smaller than 30-point typeface
8printed in English and in Spanish, advising the public that
9they may ask the court for permission to sue or defend a civil
10action without payment of fees, costs, and charges. The notice
11shall be substantially as follows:
12        "If you are unable to pay the fees, costs, and charges
13    of an action you may ask the court to allow you to proceed
14    without paying them. Ask the clerk of the court for forms."
15    (d) (Blank). The court shall rule on applications under
16this Section in a timely manner based on information contained
17in the application unless the court, in its discretion,
18requires the applicant to personally appear to explain or
19clarify information contained in the application. If the court
20finds that the applicant is an indigent person, the court shall
21enter an order permitting the applicant to sue or defend
22without payment of fees, costs, or charges. If the application
23is denied, the court shall enter an order to that effect
24stating the specific reasons for the denial. The clerk of the
25court shall promptly mail or deliver a copy of the order to the
26applicant.

 

 

HB3064- 375 -LRB101 10107 LNS 55210 b

1    (e) The clerk of the court shall not refuse to accept and
2file any complaint, appearance, or other paper presented by the
3applicant if accompanied by an application for waiver of court
4fees, costs, and charges to sue or defend in forma pauperis,
5and those papers shall be considered filed on the date the
6application is presented. If the application is denied or a
7partial fees, costs, and charges waiver is granted, the order
8shall state a date certain by which the necessary fees, costs,
9and charges must be paid. For The court, for good cause shown,
10the court may allow an applicant who receives a partial fees,
11costs, and charges waiver whose application is denied to defer
12payment of fees, costs, and charges, make installment payments,
13or make payment upon reasonable terms and conditions stated in
14the order. The court may dismiss the claims or strike the
15defenses of any party failing to pay the fees, costs, and or
16charges within the time and in the manner ordered by the court.
17A judicial ruling on an application for waiver of court
18assessments does not constitute a decision of a substantial
19issue in the case under Section 2-1001 of this Code A
20determination concerning an application to sue or defend in
21forma pauperis shall not be construed as a ruling on the
22merits.
23    (f) The court may order granting a full or partial fees,
24costs, and charges waiver shall expire after one year. Upon
25expiration of the waiver, or a reasonable period of time before
26expiration, the party whose fees, costs, and charges were

 

 

HB3064- 376 -LRB101 10107 LNS 55210 b

1waived may file another application for waiver and the court
2shall consider the application in accordance with the
3applicable Supreme Court Rule. an indigent person to pay all or
4a portion of the fees, costs, or charges waived pursuant to
5this Section out of moneys recovered by the indigent person
6pursuant to a judgment or settlement resulting from the civil
7action. However, nothing in this Section shall be construed to
8limit the authority of a court to order another party to the
9action to pay the fees, costs, or charges of the action.
10    (f-5) If, before or at the time of final disposition of the
11case, the court obtains information, including information
12from the court file, suggesting that a person whose fees,
13costs, and charges were initially waived was not entitled to a
14full or partial waiver at the time of application, the court
15may require the person to appear at a court hearing by giving
16the applicant no less than 10 days' written notice of the
17hearing and the specific reasons why the initial waiver might
18be reconsidered. The court may require the applicant to provide
19reasonably available evidence, including financial
20information, to support his or her eligibility for the waiver,
21but the court shall not require submission of information that
22is unrelated to the criteria for eligibility and application
23requirements set forth in subdivisions (b)(1) or (b)(2) of this
24Section. If the court finds that the person was not initially
25entitled to any waiver, the person shall pay all fees, costs,
26and charges relating to the civil action, including any

 

 

HB3064- 377 -LRB101 10107 LNS 55210 b

1previously-waived fees, costs, and charges. The order may state
2terms of payment in accordance with subsection (e). The court
3shall not conduct a hearing under this subsection more often
4than once every 6 months.
5    (f-10) If, before or at the time of final disposition of
6the case, the court obtains information, including information
7from the court file, suggesting that a person who received a
8full or partial waiver has experienced a change in financial
9condition so that he or she is no longer eligible for that
10waiver, the court may require the person to appear at a court
11hearing by giving the applicant no less than 10 days' written
12notice of the hearing and the specific reasons why the waiver
13might be reconsidered. The court may require the person to
14provide reasonably available evidence, including financial
15information, to support his or her continued eligibility for
16the waiver, but shall not require submission of information
17that is unrelated to the criteria for eligibility and
18application requirements set forth in subsections (b)(1) and
19(b)(2) of this Section. If the court enters an order finding
20that the person is no longer entitled to a waiver, or is
21entitled to a partial waiver different than that which the
22person had previously received, the person shall pay the
23requisite fees, costs, and charges from the date of the order
24going forward. The order may state terms of payment in
25accordance with subsection (e) of this Section. The court shall
26not conduct a hearing under this subsection more often than

 

 

HB3064- 378 -LRB101 10107 LNS 55210 b

1once every 6 months.
2    (g) A court, in its discretion, may appoint counsel to
3represent an indigent person, and that counsel shall perform
4his or her duties without fees, charges, or reward.
5    (h) Nothing in this Section shall be construed to affect
6the right of a party to sue or defend an action in forma
7pauperis without the payment of fees, costs, or charges, or the
8right of a party to court-appointed counsel, as authorized by
9any other provision of law or by the rules of the Illinois
10Supreme Court. Nothing in this Section shall be construed to
11limit the authority of a court to order another party to the
12action to pay the fees, costs, and charges of the action.
13    (h-5) If a party is represented by a civil legal services
14provider or an attorney in a court-sponsored pro bono program
15as defined in Section 5-105.5 of this Code, the attorney
16representing that party shall file a certification with the
17court in accordance with Supreme Court Rule 298 and that party
18shall be allowed to sue or defend without payment of fees,
19costs, and charges without filing an application under this
20Section.
21    (h-10) If an attorney files an appearance on behalf of a
22person whose fees, costs, and charges were initially waived
23under this Section, the attorney must pay all fees, costs, and
24charges relating to the civil action, including any previously
25waived fees, costs, and charges, unless the attorney is either
26a civil legal services provider, representing his or her client

 

 

HB3064- 379 -LRB101 10107 LNS 55210 b

1as part of a court-sponsored pro bono program as defined in
2Section 5-105.1 of this Code, or appearing under a limited
3scope appearance in accordance with Supreme Court Rule
413(c)(6).
5    (i) The provisions of this Section are severable under
6Section 1.31 of the Statute on Statutes.
7(Source: P.A. 97-689, eff. 6-14-12; 97-813, eff. 7-13-12.)
 
8    Section 999. Effective date. This Act takes effect July 1,
92019.

 

 

HB3064- 380 -LRB101 10107 LNS 55210 b

1 INDEX
2 Statutes amended in order of appearance
3    705 ILCS 135/Act rep.
4    730 ILCS 5/5-9-1.1from Ch. 38, par. 1005-9-1.1
5    730 ILCS 5/5-9-1.1-5
6    20 ILCS 1310/3.2from Ch. 40, par. 2403.2
7    20 ILCS 1410/10
8    20 ILCS 2610/7.2
9    20 ILCS 3930/9.1
10    30 ILCS 105/5.886 rep.as added by Public Act 100-987
11    30 ILCS 105/6z-105 rep.as added by Public Act 100-987
12    30 ILCS 105/6b-4from Ch. 127, par. 142b4
13    30 ILCS 105/6z-82
14    30 ILCS 105/6z-87
15    30 ILCS 105/8p
16    30 ILCS 105/8q
17    30 ILCS 605/7c
18    50 ILCS 705/9from Ch. 85, par. 509
19    50 ILCS 705/9.1from Ch. 85, par. 509.1
20    55 ILCS 5/3-6023from Ch. 34, par. 3-6023
21    55 ILCS 5/4-2004from Ch. 34, par. 4-2004
22    55 ILCS 5/4-2005from Ch. 34, par. 4-2005
23    55 ILCS 5/4-2006from Ch. 34, par. 4-2006
24    55 ILCS 5/3-4012
25    55 ILCS 5/4-2002from Ch. 34, par. 4-2002

 

 

HB3064- 381 -LRB101 10107 LNS 55210 b

1    55 ILCS 5/4-2002.1from Ch. 34, par. 4-2002.1
2    55 ILCS 5/5-1101from Ch. 34, par. 5-1101
3    55 ILCS 5/5-1101.5
4    55 ILCS 5/5-1103from Ch. 34, par. 5-1103
5    625 ILCS 5/2-120from Ch. 95 1/2, par. 2-120
6    625 ILCS 5/11-501.01
7    625 ILCS 5/11-605from Ch. 95 1/2, par. 11-605
8    625 ILCS 5/11-605.1
9    625 ILCS 5/11-605.3
10    625 ILCS 5/11-1002.5
11    625 ILCS 5/15-113from Ch. 95 1/2, par. 15-113
12    625 ILCS 5/16-105from Ch. 95 1/2, par. 16-105
13    625 ILCS 5/16-104afrom Ch. 95 1/2, par. 16-104a
14    625 ILCS 5/16-104b
15    625 ILCS 5/16-104c
16    625 ILCS 5/16-104d
17    625 ILCS 5/16-104d-1
18    705 ILCS 95/15
19    705 ILCS 105/27.1b rep.as added by Public Act 100-987
20    705 ILCS 105/27.3b-1 rep.as added by Public Act 100-987
21    705 ILCS 105/27.2b
22    705 ILCS 105/27.3from Ch. 25, par. 27.3
23    705 ILCS 105/27.1afrom Ch. 25, par. 27.1a
24    705 ILCS 105/27.2from Ch. 25, par. 27.2
25    705 ILCS 105/27.2afrom Ch. 25, par. 27.2a
26    705 ILCS 105/27.3a

 

 

HB3064- 382 -LRB101 10107 LNS 55210 b

1    705 ILCS 105/27.3cfrom Ch. 25, par. 27.3c
2    705 ILCS 105/27.3e
3    705 ILCS 105/27.3g
4    705 ILCS 105/27.4from Ch. 25, par. 27.4
5    705 ILCS 105/27.5from Ch. 25, par. 27.5
6    705 ILCS 105/27.6
7    705 ILCS 105/27.7
8    705 ILCS 405/5-915
9    720 ILCS 5/12-3.4was 720 ILCS 5/12-30
10    720 ILCS 550/10.3from Ch. 56 1/2, par. 710.3
11    720 ILCS 570/411.2from Ch. 56 1/2, par. 1411.2
12    720 ILCS 570/411.4
13    720 ILCS 646/80
14    720 ILCS 646/90
15    725 ILCS 5/124A-20 rep.as added by Public Act 100-987
16    725 ILCS 240/10from Ch. 70, par. 510
17    730 ILCS 5/5-4-3from Ch. 38, par. 1005-4-3
18    730 ILCS 5/5-4.5-50
19    730 ILCS 5/5-4.5-55
20    730 ILCS 5/5-4.5-60
21    730 ILCS 5/5-4.5-65
22    730 ILCS 5/5-4.5-75
23    730 ILCS 5/5-4.5-80
24    730 ILCS 5/5-5-3from Ch. 38, par. 1005-5-3
25    730 ILCS 5/5-5-6from Ch. 38, par. 1005-5-6
26    730 ILCS 5/5-6-1from Ch. 38, par. 1005-6-1

 

 

HB3064- 383 -LRB101 10107 LNS 55210 b

1    730 ILCS 5/5-6-3from Ch. 38, par. 1005-6-3
2    730 ILCS 5/5-6-3.1from Ch. 38, par. 1005-6-3.1
3    730 ILCS 5/5-7-1from Ch. 38, par. 1005-7-1
4    730 ILCS 5/5-9-1from Ch. 38, par. 1005-9-1
5    730 ILCS 5/5-9-1.4from Ch. 38, par. 1005-9-1.4
6    730 ILCS 5/5-9-1.7from Ch. 38, par. 1005-9-1.7
7    730 ILCS 5/5-9-1.9
8    730 ILCS 5/5-9-1.11
9    730 ILCS 5/5-9-1.16
10    730 ILCS 5/5-9-1.21
11    730 ILCS 5/5-9-1.5from Ch. 38, par. 1005-9-1.5
12    730 ILCS 5/5-9-1.6from Ch. 38, par. 1005-9-1.6
13    730 ILCS 5/5-9-1.10
14    730 ILCS 5/5-9-1.12
15    730 ILCS 5/5-9-1.14
16    730 ILCS 5/5-9-1.15
17    730 ILCS 5/5-9-1.17
18    730 ILCS 5/5-9-1.18
19    730 ILCS 5/5-9-1.19
20    730 ILCS 5/5-9-1.20
21    730 ILCS 125/17from Ch. 75, par. 117
22    735 ILCS 5/5-105from Ch. 110, par. 5-105