98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5802

 

Introduced , by Rep. Jehan A. Gordon-Booth

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-9-1  from Ch. 38, par. 1005-9-1

    Amends the Unified Code of Corrections. Makes a technical change in a Section concerning authorized fines.


LRB098 18474 RLC 53611 b

 

 

A BILL FOR

 

HB5802LRB098 18474 RLC 53611 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 5-9-1 as follows:
 
6    (730 ILCS 5/5-9-1)  (from Ch. 38, par. 1005-9-1)
7    Sec. 5-9-1. Authorized fines.
8    (a) An An offender may be sentenced to pay a fine as
9provided in Article 4.5 of Chapter V.
10    (b) (Blank.)
11    (c) There shall be added to every fine imposed in
12sentencing for a criminal or traffic offense, except an offense
13relating to parking or registration, or offense by a
14pedestrian, an additional penalty of $10 for each $40, or
15fraction thereof, of fine imposed. The additional penalty of
16$10 for each $40, or fraction thereof, of fine imposed, if not
17otherwise assessed, shall also be added to every fine imposed
18upon a plea of guilty, stipulation of facts or findings of
19guilty, resulting in a judgment of conviction, or order of
20supervision in criminal, traffic, local ordinance, county
21ordinance, and conservation cases (except parking,
22registration, or pedestrian violations), or upon a sentence of
23probation without entry of judgment under Section 10 of the

 

 

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1Cannabis Control Act, Section 410 of the Illinois Controlled
2Substances Act, or Section 70 of the Methamphetamine Control
3and Community Protection Act.
4    Such additional amounts shall be assessed by the court
5imposing the fine and shall be collected by the Circuit Clerk
6in addition to the fine and costs in the case. Each such
7additional penalty shall be remitted by the Circuit Clerk
8within one month after receipt to the State Treasurer. The
9State Treasurer shall deposit $1 for each $40, or fraction
10thereof, of fine imposed into the LEADS Maintenance Fund. The
11State Treasurer shall deposit $1 for each $40, or fraction
12thereof, of fine imposed into the Law Enforcement Camera Grant
13Fund. The remaining surcharge amount shall be deposited into
14the Traffic and Criminal Conviction Surcharge Fund, unless the
15fine, costs or additional amounts are subject to disbursement
16by the circuit clerk under Section 27.5 of the Clerks of Courts
17Act. Such additional penalty shall not be considered a part of
18the fine for purposes of any reduction in the fine for time
19served either before or after sentencing. Not later than March
201 of each year the Circuit Clerk shall submit a report of the
21amount of funds remitted to the State Treasurer under this
22subsection (c) during the preceding calendar year. Except as
23otherwise provided by Supreme Court Rules, if a court in
24imposing a fine against an offender levies a gross amount for
25fine, costs, fees and penalties, the amount of the additional
26penalty provided for herein shall be computed on the amount

 

 

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1remaining after deducting from the gross amount levied all fees
2of the Circuit Clerk, the State's Attorney and the Sheriff.
3After deducting from the gross amount levied the fees and
4additional penalty provided for herein, less any other
5additional penalties provided by law, the clerk shall remit the
6net balance remaining to the entity authorized by law to
7receive the fine imposed in the case. For purposes of this
8Section "fees of the Circuit Clerk" shall include, if
9applicable, the fee provided for under Section 27.3a of the
10Clerks of Courts Act and the fee, if applicable, payable to the
11county in which the violation occurred pursuant to Section
125-1101 of the Counties Code.
13    (c-5) In addition to the fines imposed by subsection (c),
14any person convicted or receiving an order of supervision for
15driving under the influence of alcohol or drugs shall pay an
16additional $100 fee to the clerk. This additional fee, less 2
171/2% that shall be used to defray administrative costs incurred
18by the clerk, shall be remitted by the clerk to the Treasurer
19within 60 days after receipt for deposit into the Trauma Center
20Fund. This additional fee of $100 shall not be considered a
21part of the fine for purposes of any reduction in the fine for
22time served either before or after sentencing. Not later than
23March 1 of each year the Circuit Clerk shall submit a report of
24the amount of funds remitted to the State Treasurer under this
25subsection (c-5) during the preceding calendar year.
26    The Circuit Clerk may accept payment of fines and costs by

 

 

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1credit card from an offender who has been convicted of a
2traffic offense, petty offense or misdemeanor and may charge
3the service fee permitted where fines and costs are paid by
4credit card provided for in Section 27.3b of the Clerks of
5Courts Act.
6    (c-7) In addition to the fines imposed by subsection (c),
7any person convicted or receiving an order of supervision for
8driving under the influence of alcohol or drugs shall pay an
9additional $5 fee to the clerk. This additional fee, less 2
101/2% that shall be used to defray administrative costs incurred
11by the clerk, shall be remitted by the clerk to the Treasurer
12within 60 days after receipt for deposit into the Spinal Cord
13Injury Paralysis Cure Research Trust Fund. This additional fee
14of $5 shall not be considered a part of the fine for purposes
15of any reduction in the fine for time served either before or
16after sentencing. Not later than March 1 of each year the
17Circuit Clerk shall submit a report of the amount of funds
18remitted to the State Treasurer under this subsection (c-7)
19during the preceding calendar year.
20    (c-9) (Blank).
21    (d) In determining the amount and method of payment of a
22fine, except for those fines established for violations of
23Chapter 15 of the Illinois Vehicle Code, the court shall
24consider:
25        (1) the financial resources and future ability of the
26    offender to pay the fine; and

 

 

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1        (2) whether the fine will prevent the offender from
2    making court ordered restitution or reparation to the
3    victim of the offense; and
4        (3) in a case where the accused is a dissolved
5    corporation and the court has appointed counsel to
6    represent the corporation, the costs incurred either by the
7    county or the State for such representation.
8    (e) The court may order the fine to be paid forthwith or
9within a specified period of time or in installments.
10    (f) All fines, costs and additional amounts imposed under
11this Section for any violation of Chapters 3, 4, 6, and 11 of
12the Illinois Vehicle Code, or a similar provision of a local
13ordinance, and any violation of the Child Passenger Protection
14Act, or a similar provision of a local ordinance, shall be
15collected and disbursed by the circuit clerk as provided under
16Section 27.5 of the Clerks of Courts Act.
17(Source: P.A. 94-556, eff. 9-11-05; 94-652, eff. 8-22-05;
1894-987, eff. 6-30-06; 95-1052, eff. 7-1-09.)