Illinois General Assembly - Illinois Compiled Statutes

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730 ILCS 5/5-9-1.1

    (730 ILCS 5/5-9-1.1) (from Ch. 38, par. 1005-9-1.1)
    (Text of Section from P.A. 96-1234)
    (Text of Section from P.A. 94-550, 96-132, 96-402, and 96-1234)
    Sec. 5-9-1.1. Drug related offenses.

(a) When a person has been adjudged guilty of a drug related
offense involving possession or delivery of cannabis or possession or delivery
of a controlled substance, other than methamphetamine, as defined in the Cannabis Control Act, as amended,
or the Illinois Controlled Substances Act, as amended, in addition to any
other penalty imposed, a fine shall be levied by the court at not less than
the full street value of the cannabis or controlled substances seized.

"Street value" shall be determined by the court on the basis of testimony
of law enforcement personnel and the defendant as to the amount seized and
such testimony as may be required by the court as to the current street
value of the cannabis or controlled substance seized.

(b) In addition to any penalty imposed under subsection (a) of this
Section, a fine of
$100 shall be levied by the court, the proceeds of which
shall be collected by the Circuit Clerk and remitted to the State Treasurer
under Section 27.6 of the Clerks of Courts Act
for deposit into the Trauma
Center Fund for distribution as provided under Section 3.225 of the Emergency
Medical Services (EMS) Systems Act.

(c) In addition to any penalty imposed under subsection (a) of this
Section, a fee of $5 shall be assessed by the court, the proceeds of which
shall be collected by the Circuit Clerk and remitted to the State Treasurer
under Section 27.6 of the Clerks of Courts Act for deposit into the Spinal Cord
Injury Paralysis Cure Research Trust Fund.
This additional fee of $5 shall not be considered a part of the fine for
purposes of any reduction in the fine for time served either before or after
sentencing.

(d) In addition to any penalty imposed under subsection (a) of this
Section for a drug related
offense involving possession or delivery
of cannabis or possession or delivery of a controlled substance as defined in the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, a fee of $50 shall be assessed by the court, the proceeds of which
shall be collected by the Circuit Clerk and remitted to the State Treasurer
under Section 27.6 of the Clerks of Courts Act for deposit into the Performance-enhancing Substance Testing Fund.
This additional fee of $50 shall not be considered a part of the fine for
purposes of any reduction in the fine for time served either before or after
sentencing. The provisions of this subsection (d), other than this sentence, are inoperative after June 30, 2011.

(e)  In addition to any penalty imposed under subsection (a) of this
Section, a $25 assessment  shall be assessed by the court, the proceeds of which
shall be collected by the Circuit Clerk and remitted to the State Treasurer for deposit into the Drug Traffic Prevention Fund. The moneys deposited into the Drug Traffic Prevention Fund pursuant to this Section shall be appropriated to and administered by the Department of State Police for funding of drug task forces and Metropolitan Enforcement Groups in accordance with the Intergovernmental Drug Laws Enforcement Act.

(Source: P.A. 94-550, eff. 1-1-06; 96-132, eff. 8-7-09; 96-402, eff. 1-1-10; 96-1234, eff. 7-23-10.)

    (Text of Section from P.A. 94-556, 96-132, 96-402, and 96-1234)
    Sec. 5-9-1.1. Drug related offenses.

(a) When a person has been adjudged guilty of a drug related
offense involving possession or delivery of cannabis or possession or delivery
of a controlled substance as defined in the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act,  in addition to any
other penalty imposed, a fine shall be levied by the court at not less than
the full street value of the cannabis or controlled substances seized.

"Street value" shall be determined by the court on the basis of testimony
of law enforcement personnel and the defendant as to the amount seized and
such testimony as may be required by the court as to the current street
value of the cannabis or controlled substance seized.

(b) In addition to any penalty imposed under subsection (a) of this
Section, a fine of $100 shall be levied by the court, the proceeds of which
shall be collected by the Circuit Clerk and remitted to the State Treasurer
under Section 27.6 of the Clerks of Courts Act for deposit into the Trauma
Center Fund for distribution as provided under Section 3.225 of the Emergency
Medical Services (EMS) Systems Act.

(c) In addition to any penalty imposed under subsection (a) of this
Section, a fee of $5 shall be assessed by the court, the proceeds of which
shall be collected by the Circuit Clerk and remitted to the State Treasurer
under Section 27.6 of the Clerks of Courts Act for deposit into the Spinal Cord
Injury Paralysis Cure Research Trust Fund.
This additional fee of $5 shall not be considered a part of the fine for
purposes of any reduction in the fine for time served either before or after
sentencing.

(d) In addition to any penalty imposed under subsection (a) of this
Section for a drug related
offense involving possession or delivery
of cannabis or possession or delivery of a controlled substance as defined in the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control  and Community Protection Act, a fee of $50 shall be assessed by the court, the proceeds of which
shall be collected by the Circuit Clerk and remitted to the State Treasurer
under Section 27.6 of the Clerks of Courts Act for deposit into the Performance-enhancing Substance Testing Fund.
This additional fee of $50 shall not be considered a part of the fine for
purposes of any reduction in the fine for time served either before or after
sentencing. The provisions of this subsection (d), other than this sentence, are inoperative after June 30, 2011.

(e)  In addition to any penalty imposed under subsection (a) of this
Section, a $25 assessment  shall be assessed by the court, the proceeds of which
shall be collected by the Circuit Clerk and remitted to the State Treasurer for deposit into the Drug Traffic Prevention Fund. The moneys deposited into the Drug Traffic Prevention Fund pursuant to this Section shall be appropriated to and administered by the Department of State Police for funding of drug task forces and Metropolitan Enforcement Groups in accordance with the Intergovernmental Drug Laws Enforcement Act.

(Source: P.A. 94-556, eff. 9-11-05; 96-132, eff. 8-7-09; 96-402, eff. 1-1-10, 96-1234, eff. 7-23-10.)

(Text of Section from P.A. 97-545)
(Text of Section from P.A. 94-550, 96-132, 96-402, and 97-545)

Sec. 5-9-1.1. Drug related offenses.

(a) When a person has been adjudged guilty of a drug related
offense involving possession or delivery of cannabis or possession or delivery
of a controlled substance, other than methamphetamine, as defined in the Cannabis Control Act, as amended,
or the Illinois Controlled Substances Act, as amended, in addition to any
other penalty imposed, a fine shall be levied by the court at not less than
the full street value of the cannabis or controlled substances seized.

"Street value" shall be determined by the court on the basis of testimony
of law enforcement personnel and the defendant as to the amount seized and
such testimony as may be required by the court as to the current street
value of the cannabis or controlled substance seized.

(b) In addition to any penalty imposed under subsection (a) of this
Section, a fine of
$100 shall be levied by the court, the proceeds of which
shall be collected by the Circuit Clerk and remitted to the State Treasurer
under Section 27.6 of the Clerks of Courts Act
for deposit into the Trauma
Center Fund for distribution as provided under Section 3.225 of the Emergency
Medical Services (EMS) Systems Act.

(c) In addition to any penalty imposed under subsection (a) of this
Section, a fee of $5 shall be assessed by the court, the proceeds of which
shall be collected by the Circuit Clerk and remitted to the State Treasurer
under Section 27.6 of the Clerks of Courts Act for deposit into the Spinal Cord
Injury Paralysis Cure Research Trust Fund.
This additional fee of $5 shall not be considered a part of the fine for
purposes of any reduction in the fine for time served either before or after
sentencing.

(d) In addition to any penalty imposed under subsection (a) of this
Section for a drug related
offense involving possession or delivery
of cannabis or possession or delivery of a controlled substance as defined in the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, a fee of $50 shall be assessed by the court, the proceeds of which
shall be collected by the Circuit Clerk and remitted to the State Treasurer
under Section 27.6 of the Clerks of Courts Act for deposit into the Performance-enhancing Substance Testing Fund.
This additional fee of $50 shall not be considered a part of the fine for
purposes of any reduction in the fine for time served either before or after
sentencing. The provisions of this subsection (d), other than this sentence, are inoperative after June 30, 2011.

(e)  In addition to any penalty imposed under subsection (a) of this
Section, a $25 assessment  shall be assessed by the court, the proceeds of which
shall be collected by the Circuit Clerk and remitted to the State Treasurer for deposit into the State Police Services Fund and shall be used for grants by the Department of State Police to drug task forces and Metropolitan Enforcement Groups in accordance with the Intergovernmental Drug Laws Enforcement Act.

(f) In addition to any penalty imposed under subsection (a) of this
Section, a $20 assessment  shall be assessed by the court, the proceeds of which
shall be collected by the Circuit Clerk. Of the collected proceeds, (i) 90% shall be remitted to the State Treasurer for deposit into the Prescription Pill and  Drug Disposal Fund; (ii) 5% shall be remitted for deposit into the Criminal Justice Information Projects Fund, for use by the Illinois Criminal Justice Information Authority for the costs associated with making grants from the Prescription Pill and Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5% for deposit into the Circuit Court Clerk Operation and Administrative Fund for the costs associated with administering this subsection.

(Source: P.A. 94-550, eff. 1-1-06; 96-132, eff. 8-7-09; 96-402, eff. 1-1-10; 97-545, eff. 1-1-12.)

(Text of Section from P.A. 94-556, 96-132, 96-402, and 97-545)

Sec. 5-9-1.1. Drug related offenses.

(a) When a person has been adjudged guilty of a drug related
offense involving possession or delivery of cannabis or possession or delivery
of a controlled substance as defined in the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act,  in addition to any
other penalty imposed, a fine shall be levied by the court at not less than
the full street value of the cannabis or controlled substances seized.

"Street value" shall be determined by the court on the basis of testimony
of law enforcement personnel and the defendant as to the amount seized and
such testimony as may be required by the court as to the current street
value of the cannabis or controlled substance seized.

(b) In addition to any penalty imposed under subsection (a) of this
Section, a fine of $100 shall be levied by the court, the proceeds of which
shall be collected by the Circuit Clerk and remitted to the State Treasurer
under Section 27.6 of the Clerks of Courts Act for deposit into the Trauma
Center Fund for distribution as provided under Section 3.225 of the Emergency
Medical Services (EMS) Systems Act.

(c) In addition to any penalty imposed under subsection (a) of this
Section, a fee of $5 shall be assessed by the court, the proceeds of which
shall be collected by the Circuit Clerk and remitted to the State Treasurer
under Section 27.6 of the Clerks of Courts Act for deposit into the Spinal Cord
Injury Paralysis Cure Research Trust Fund.
This additional fee of $5 shall not be considered a part of the fine for
purposes of any reduction in the fine for time served either before or after
sentencing.

(d) In addition to any penalty imposed under subsection (a) of this
Section for a drug related
offense involving possession or delivery
of cannabis or possession or delivery of a controlled substance as defined in the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control  and Community Protection Act, a fee of $50 shall be assessed by the court, the proceeds of which
shall be collected by the Circuit Clerk and remitted to the State Treasurer
under Section 27.6 of the Clerks of Courts Act for deposit into the Performance-enhancing Substance Testing Fund.
This additional fee of $50 shall not be considered a part of the fine for
purposes of any reduction in the fine for time served either before or after
sentencing. The provisions of this subsection (d), other than this sentence, are inoperative after June 30, 2011.

(e)  In addition to any penalty imposed under subsection (a) of this
Section, a $25 assessment  shall be assessed by the court, the proceeds of which
shall be collected by the Circuit Clerk and remitted to the State Treasurer for deposit into the State Police Services Fund and shall be used for grants by the Department of State Police to drug task forces and Metropolitan Enforcement Groups in accordance with the Intergovernmental Drug Laws Enforcement Act.

(f) In addition to any penalty imposed under subsection (a) of this
Section, a $20 assessment  shall be assessed by the court, the proceeds of which
shall be collected by the Circuit Clerk. Of the collected proceeds, (i) 90% shall be remitted to the State Treasurer for deposit into the Prescription Pill and  Drug Disposal Fund; (ii) 5% shall be remitted for deposit into the Criminal Justice Information Projects Fund, for use by the Illinois Criminal Justice Information Authority for the costs associated with making grants from the Prescription Pill and Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5% for deposit into the Circuit Court Clerk Operation and Administrative Fund for the costs associated with administering this subsection.

(Source: P.A. 94-556, eff. 9-11-05; 96-132, eff. 8-7-09; 96-402, eff. 1-1-10; 97-545, eff. 1-1-12.)