State of Illinois
90th General Assembly
Legislation

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90_HB1687

      20 ILCS 1305/10-22 new
      30 ILCS 105/5.449 new
      705 ILCS 105/27.5         from Ch. 25, par. 27.5
          Amends the Department of Human Services Act and the State
      Finance  Act  to  create  the  Head  Trauma  Treatment  Fund.
      Provides that the Department may make grants from the Fund to
      entities that care for persons with head trauma.  Amends  the
      Clerks of Courts Act.  Provides that of the amounts less than
      $55  paid  to  a  circuit  clerk  and  disbursed to the State
      Treasurer, one-third (now one-half) shall be  deposited  into
      the  Traffic  and  Criminal  Conviction  Surcharge  Fund  and
      one-sixth  shall  be deposited into the Head Trauma Treatment
      Fund.
                                                     LRB9004294PTcw
                                               LRB9004294PTcw
 1        AN ACT concerning head trauma treatment.
 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:
 4        Section  5.   The  Department  of  Human  Services Act is
 5    amended by adding Section 10-22 as follows:
 6        (20 ILCS 1305/10-22 new)
 7        Sec. 10-22.  Head  Trauma  Treatment  Grants.   The  Head
 8    Trauma  Treatment  Fund  is  created as a special fund in the
 9    State Treasury.  The Department may make grants from the Fund
10    to public and private entities that  care  for  persons  with
11    head trauma.
12        Section  10.  The  State Finance Act is amended by adding
13    Section 5.449 as follows:
14        (30 ILCS 105/5.449 new)
15        Sec. 5.449.  Head Trauma Treatment Fund.
16        Section 15.  The Clerks  of  Courts  Act  is  amended  by
17    changing Section 27.5 as follows:
18        (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
19        Sec.  27.5.  Amounts  less  than  $55.   All fees, fines,
20    costs,  additional  penalties,  bail  balances  assessed   or
21    forfeited,  and  any  other  amount  paid  by a person to the
22    circuit clerk that equals an amount  less  than  $55,  except
23    restitution  under  Section  5-5-6  of  the  Unified  Code of
24    Corrections, reimbursement for  the  costs  of  an  emergency
25    response  as provided under Section 5-5-3 of the Unified Code
26    of Corrections, any fees collected for  attending  a  traffic
27    safety program under paragraph (c) of Supreme Court Rule 529,
                            -2-                LRB9004294PTcw
 1    any  fee  collected  on  behalf  of  a State's Attorney under
 2    Section 4-2002 of  the  Counties  Code  or  a  sheriff  under
 3    Section  4-5001  of  the  Counties  Code, or any cost imposed
 4    under Section 124A-5 of the Code  of  Criminal  Procedure  of
 5    1963,  for  convictions,  orders of supervision, or any other
 6    disposition for a violation of Chapters 3, 4, 6, 11,  and  12
 7    of  the  Illinois  Vehicle  Code, or a similar provision of a
 8    local ordinance, and any violation  of  the  Child  Passenger
 9    Protection  Act, or a similar provision of a local ordinance,
10    shall be disbursed  within  60  days  after  receipt  by  the
11    circuit  clerk  as  follows:   47%  shall be disbursed to the
12    entity authorized by law to receive the fine imposed  in  the
13    case;  12% shall be disbursed to the State Treasurer; and 41%
14    shall be disbursed to the county's general corporate fund. Of
15    the 12% disbursed to the State Treasurer, one-sixth 1/6 shall
16    be deposited by the State Treasurer into  the  Violent  Crime
17    Victims  Assistance  Fund,  one-third  1/2 shall be deposited
18    into the Traffic  and  Criminal  Conviction  Surcharge  Fund,
19    one-sixth  shall  be deposited into the Head Trauma Treatment
20    Fund, and one-third 1/3 shall be deposited into  the  Drivers
21    Education  Fund.   For  fiscal  years  1992 and 1993, amounts
22    deposited into the Violent Crime Victims Assistance Fund, the
23    Traffic  and  Criminal  Conviction  Surcharge  Fund,  or  the
24    Drivers Education Fund shall not exceed 110% of  the  amounts
25    deposited  into  those funds in fiscal year 1991.  Any amount
26    that exceeds the 110% limit shall be distributed as  follows:
27    50% shall be disbursed to the county's general corporate fund
28    and 50% shall be disbursed to the entity authorized by law to
29    receive  the fine imposed in the case. Not later than March 1
30    of each year the circuit clerk shall submit a report  of  the
31    amount  of  funds  remitted to the State Treasurer under this
32    Section during the  preceding  year  based  upon  independent
33    verification  of  fines  and  fees.   All  counties  shall be
34    subject  to  this  Section,  except  that  counties  with   a
                            -3-                LRB9004294PTcw
 1    population under 2,000,000 may, by ordinance, elect not to be
 2    subject  to  this  Section.   For  offenses  subject  to this
 3    Section, judges shall impose one total sum of  money  payable
 4    for  violations.   The circuit clerk may add on no additional
 5    amounts except for amounts  that  are  required  by  Sections
 6    27.3a  and  27.3c  of  this  Act,  unless  those  amounts are
 7    specifically waived by the  judge.   With  respect  to  money
 8    collected  by  the circuit clerk as a result of forfeiture of
 9    bail, ex parte judgment or guilty plea  pursuant  to  Supreme
10    Court  Rule 529, the circuit clerk shall first deduct and pay
11    amounts required by Sections 27.3a and  27.3c  of  this  Act.
12    This  Section  is a denial and limitation of home rule powers
13    and functions under subsection (h) of Section  6  of  Article
14    VII of the Illinois Constitution.
15    (Source: P.A. 89-234, eff. 1-1-96.)

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