Illinois General Assembly - Full Text of SB1862
Illinois General Assembly

Previous General Assemblies

Full Text of SB1862  98th General Assembly

SB1862ham001 98TH GENERAL ASSEMBLY

Rep. Adam Brown

Filed: 5/3/2013

 

 


 

 


 
09800SB1862ham001LRB098 07190 RLC 45316 a

1
AMENDMENT TO SENATE BILL 1862

2    AMENDMENT NO. ______. Amend Senate Bill 1862 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Unified Code of Corrections is amended by
5changing Sections 5-9-1.1 and 5-9-1.1-5 as follows:
 
6    (730 ILCS 5/5-9-1.1)  (from Ch. 38, par. 1005-9-1.1)
7    (Text of Section from P.A. 94-550, 96-132, 96-402, 96-1234,
8and 97-545)
9    Sec. 5-9-1.1. Drug related offenses.
10    (a) When a person has been adjudged guilty of a drug
11related offense involving possession or delivery of cannabis or
12possession or delivery of a controlled substance, other than
13methamphetamine, as defined in the Cannabis Control Act, as
14amended, or the Illinois Controlled Substances Act, as amended,
15in addition to any other penalty imposed, a fine shall be
16levied by the court at not less than the full street value of

 

 

09800SB1862ham001- 2 -LRB098 07190 RLC 45316 a

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

 

 

09800SB1862ham001- 3 -LRB098 07190 RLC 45316 a

1the Illinois Controlled Substances Act, or the Methamphetamine
2Control and Community Protection Act, a fee of $50 shall be
3assessed by the court, the proceeds of which shall be collected
4by the Circuit Clerk and remitted to the State Treasurer under
5Section 27.6 of the Clerks of Courts Act for deposit into the
6Performance-enhancing Substance Testing Fund. This additional
7fee of $50 shall not be considered a part of the fine for
8purposes of any reduction in the fine for time served either
9before or after sentencing. The provisions of this subsection
10(d), other than this sentence, are inoperative after June 30,
112011.
12    (e) 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 Drug Traffic
17Prevention Fund. The moneys deposited into the Criminal Justice
18Information Projects Fund under Drug Traffic Prevention Fund
19pursuant to this Section shall be appropriated to and
20administered by the Illinois Criminal Justice Information
21Authority Department of State Police for funding of drug task
22forces and Metropolitan Enforcement Groups in accordance with
23the Intergovernmental Drug Laws Enforcement Act.
24    (f) In addition to any penalty imposed under subsection (a)
25of this Section, a $20 assessment shall be assessed by the
26court, the proceeds of which shall be collected by the Circuit

 

 

09800SB1862ham001- 4 -LRB098 07190 RLC 45316 a

1Clerk. Of the collected proceeds, (i) 90% shall be remitted to
2the State Treasurer for deposit into the Prescription Pill and
3Drug Disposal Fund; (ii) 5% shall be remitted for deposit into
4the Criminal Justice Information Projects Fund, for use by the
5Illinois Criminal Justice Information Authority for the costs
6associated with making grants from the Prescription Pill and
7Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%
8for deposit into the Circuit Court Clerk Operation and
9Administrative Fund for the costs associated with
10administering this subsection.
11(Source: P.A. 96-132, eff. 8-7-09; 96-402, eff. 1-1-10;
1296-1234, eff. 7-23-10; 97-545, eff. 1-1-12; revised 9-14-11.)
 
13    (Text of Section from P.A. 94-556, 96-132, 96-402, 96-1234,
14and 97-545)
15    Sec. 5-9-1.1. Drug related offenses.
16    (a) When a person has been adjudged guilty of a drug
17related offense involving possession or delivery of cannabis or
18possession or delivery of a controlled substance as defined in
19the Cannabis Control Act, the Illinois Controlled Substances
20Act, or the Methamphetamine Control and Community Protection
21Act, in addition to any other penalty imposed, a fine shall be
22levied by the court at not less than the full street value of
23the cannabis or controlled substances seized.
24    "Street value" shall be determined by the court on the
25basis of testimony of law enforcement personnel and the

 

 

09800SB1862ham001- 5 -LRB098 07190 RLC 45316 a

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

 

 

09800SB1862ham001- 6 -LRB098 07190 RLC 45316 a

1by the Circuit Clerk and remitted to the State Treasurer under
2Section 27.6 of the Clerks of Courts Act for deposit into the
3Performance-enhancing Substance Testing Fund. This additional
4fee of $50 shall not be considered a part of the fine for
5purposes of any reduction in the fine for time served either
6before or after sentencing. The provisions of this subsection
7(d), other than this sentence, are inoperative after June 30,
82011.
9    (e) In addition to any penalty imposed under subsection (a)
10of this Section, a $25 assessment shall be assessed by the
11court, the proceeds of which shall be collected by the Circuit
12Clerk and remitted to the State Treasurer for deposit into the
13Criminal Justice Information Projects Fund Drug Traffic
14Prevention Fund. The moneys deposited into the Criminal Justice
15Information Projects Fund under Drug Traffic Prevention Fund
16pursuant to this Section shall be appropriated to and
17administered by the Illinois Criminal Justice Information
18Authority Department of State Police for funding of drug task
19forces and Metropolitan Enforcement Groups in accordance with
20the Intergovernmental Drug Laws Enforcement Act.
21    (f) In addition to any penalty imposed under subsection (a)
22of this Section, a $20 assessment shall be assessed by the
23court, the proceeds of which shall be collected by the Circuit
24Clerk. Of the collected proceeds, (i) 90% shall be remitted to
25the State Treasurer for deposit into the Prescription Pill and
26Drug Disposal Fund; (ii) 5% shall be remitted for deposit into

 

 

09800SB1862ham001- 7 -LRB098 07190 RLC 45316 a

1the Criminal Justice Information Projects Fund, for use by the
2Illinois Criminal Justice Information Authority for the costs
3associated with making grants from the Prescription Pill and
4Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%
5for deposit into the Circuit Court Clerk Operation and
6Administrative Fund for the costs associated with
7administering this subsection.
8(Source: P.A. 96-132, eff. 8-7-09; 96-402, eff. 1-1-10;
996-1234, eff. 7-23-10; 97-545, eff. 1-1-12; revised 9-14-11.)
 
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

 

 

09800SB1862ham001- 8 -LRB098 07190 RLC 45316 a

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 Drug Traffic
17Prevention Fund. The moneys deposited into the Criminal Justice
18Information Projects Fund under Drug Traffic Prevention Fund
19pursuant to this Section shall be appropriated to and
20administered by the Illinois Criminal Justice Information
21Authority Department of State Police for funding of drug task
22forces and Metropolitan Enforcement Groups in accordance with
23the Intergovernmental Drug Laws Enforcement Act.
24    (d) In addition to any penalty imposed under subsection (a)
25of this Section, a $20 assessment shall be assessed by the
26court, the proceeds of which shall be collected by the Circuit

 

 

09800SB1862ham001- 9 -LRB098 07190 RLC 45316 a

1Clerk. Of the collected proceeds, (i) 90% shall be remitted to
2the State Treasurer for deposit into the Prescription Pill and
3Drug Disposal Fund; (ii) 5% shall be remitted for deposit into
4the Criminal Justice Information Projects Fund, for use by the
5Illinois Criminal Justice Information Authority for the costs
6associated with making grants from the Prescription Pill and
7Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%
8for deposit into the Circuit Court Clerk Operation and
9Administrative Fund for the costs associated with
10administering this subsection.
11(Source: P.A. 96-200, eff. 8-10-09; 96-402, eff. 1-1-10;
1296-1000, eff. 7-2-10; 96-1234, eff. 7-23-10; 97-545, eff.
131-1-12.)
 
14    Section 99. Effective date. This Act takes effect July 1,
152013.".