Illinois General Assembly - Full Text of HB2890
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Full Text of HB2890  100th General Assembly

HB2890 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2890

 

Introduced , by Rep. Brandon W. Phelps

 

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

    Amends the Unified Code of Corrections. In provisions concerning authorized fines, provides that the additional fine imposed in sentencing for a criminal or traffic offense concerning wheel and axle loads and gross weights is $15 for the first $330, or fraction thereof, of fine imposed for a violation and $10 for each subsequent $40, or fraction thereof, of fine imposed for a violation following the initial $15 surcharge for the first $330 of fine imposed. Effective immediately.


LRB100 10611 RLC 20830 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2890LRB100 10611 RLC 20830 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 offender may be sentenced to pay a fine as provided
9in 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 $15 for each $40, or
15fraction thereof, of fine imposed for violations other than
16violations of Section 15-111 of the Illinois Vehicle Code; $15
17for the first $330, or fraction thereof, of fine imposed for a
18violation of Section 15-111 of the Illinois Vehicle Code and
19$10 for each subsequent $40, or fraction thereof, of fine
20imposed for violation of Section 15-111 of the Illinois Vehicle
21Code, following the initial $15 surcharge for the first $330 of
22fine imposed. The additional penalty under this subsection (c)
23of $15 for each $40, or fraction thereof, of fine imposed, if

 

 

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1not otherwise assessed, shall also be added to every fine
2imposed upon a plea of guilty, stipulation of facts or findings
3of guilty, resulting in a judgment of conviction, or order of
4supervision in criminal, traffic, local ordinance, county
5ordinance, and conservation cases (except parking,
6registration, or pedestrian violations), or upon a sentence of
7probation without entry of judgment under Section 10 of the
8Cannabis Control Act, Section 410 of the Illinois Controlled
9Substances Act, or Section 70 of the Methamphetamine Control
10and Community Protection Act.
11    Such additional amounts shall be assessed by the court
12imposing the fine and shall be collected by the Circuit Clerk
13in addition to the fine and costs in the case. Each such
14additional penalty shall be remitted by the Circuit Clerk
15within one month after receipt to the State Treasurer. The
16State Treasurer shall deposit $1 for each $40, or fraction
17thereof, of fine imposed into the LEADS Maintenance Fund. The
18State Treasurer shall deposit $3 for each $40, or fraction
19thereof, of fine imposed into the Law Enforcement Camera Grant
20Fund. The remaining surcharge amount shall be deposited into
21the Traffic and Criminal Conviction Surcharge Fund, unless the
22fine, costs or additional amounts are subject to disbursement
23by the circuit clerk under Section 27.5 of the Clerks of Courts
24Act. Such additional penalty shall not be considered a part of
25the fine for purposes of any reduction in the fine for time
26served either before or after sentencing. Not later than March

 

 

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11 of each year the Circuit Clerk shall submit a report of the
2amount of funds remitted to the State Treasurer under this
3subsection (c) during the preceding calendar year. Except as
4otherwise provided by Supreme Court Rules, if a court in
5imposing a fine against an offender levies a gross amount for
6fine, costs, fees and penalties, the amount of the additional
7penalty provided for herein shall be computed on the amount
8remaining after deducting from the gross amount levied all fees
9of the Circuit Clerk, the State's Attorney and the Sheriff.
10After deducting from the gross amount levied the fees and
11additional penalty provided for herein, less any other
12additional penalties provided by law, the clerk shall remit the
13net balance remaining to the entity authorized by law to
14receive the fine imposed in the case. For purposes of this
15Section "fees of the Circuit Clerk" shall include, if
16applicable, the fee provided for under Section 27.3a of the
17Clerks of Courts Act and the fee, if applicable, payable to the
18county in which the violation occurred pursuant to Section
195-1101 of the Counties Code.
20    (c-5) In addition to the fines imposed by subsection (c),
21any person convicted or receiving an order of supervision for
22driving under the influence of alcohol or drugs shall pay an
23additional $100 fee to the clerk. This additional fee, less 2
241/2% that shall be used to defray administrative costs incurred
25by the clerk, shall be remitted by the clerk to the Treasurer
26within 60 days after receipt for deposit into the Trauma Center

 

 

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1Fund. This additional fee of $100 shall not be considered a
2part of the fine for purposes of any reduction in the fine for
3time served either before or after sentencing. Not later than
4March 1 of each year the Circuit Clerk shall submit a report of
5the amount of funds remitted to the State Treasurer under this
6subsection (c-5) during the preceding calendar year.
7    The Circuit Clerk may accept payment of fines and costs by
8credit card from an offender who has been convicted of a
9traffic offense, petty offense or misdemeanor and may charge
10the service fee permitted where fines and costs are paid by
11credit card provided for in Section 27.3b of the Clerks of
12Courts Act.
13    (c-7) 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 $5 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 Spinal Cord
20Injury Paralysis Cure Research Trust Fund. This additional fee
21of $5 shall not be considered a part of the fine for purposes
22of any reduction in the fine for time served either before or
23after sentencing. Not later than March 1 of each year the
24Circuit Clerk shall submit a report of the amount of funds
25remitted to the State Treasurer under this subsection (c-7)
26during the preceding calendar year.

 

 

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1    (c-9) (Blank).
2    (d) In determining the amount and method of payment of a
3fine, except for those fines established for violations of
4Chapter 15 of the Illinois Vehicle Code, the court shall
5consider:
6        (1) the financial resources and future ability of the
7    offender to pay the fine; and
8        (2) whether the fine will prevent the offender from
9    making court ordered restitution or reparation to the
10    victim of the offense; and
11        (3) in a case where the accused is a dissolved
12    corporation and the court has appointed counsel to
13    represent the corporation, the costs incurred either by the
14    county or the State for such representation.
15    (e) The court may order the fine to be paid forthwith or
16within a specified period of time or in installments.
17    (f) All fines, costs and additional amounts imposed under
18this Section for any violation of Chapters 3, 4, 6, and 11 of
19the Illinois Vehicle Code, or a similar provision of a local
20ordinance, and any violation of the Child Passenger Protection
21Act, or a similar provision of a local ordinance, shall be
22collected and disbursed by the circuit clerk as provided under
23Section 27.5 of the Clerks of Courts Act.
24(Source: P.A. 99-352, eff. 1-1-16.)
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.