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90_SB1285
415 ILCS 105/8 from Ch. 38, par. 86-8
705 ILCS 105/27.6
Amends the Litter Control Act and the Unified Code of
Corrections. Provides that the jurisdiction prosecuting a
violation of the Litter Control Act shall be entitled to
retain 5% of any fine imposed pursuant to that Act. Provides
that the remainder of the fine shall be allocated to an
organization certified pursuant to the Keep Illinois
Beautiful Act or, if no such organization exists in the
jurisdiction, the remainder shall be deposited in the Keep
Illinois Beautiful Fund.
LRB9008500LDbdA
LRB9008500LDbdA
1 AN ACT in relation to litter control, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Litter Control Act is amended by changing
6 Section 8 as follows:
7 (415 ILCS 105/8) (from Ch. 38, par. 86-8)
8 Sec. 8. Persons who violate any of Sections 4 through 7
9 are subject to the penalties set out in this Section.
10 (a) Any person convicted of a violation of Section 4, 5,
11 6 or 7 is guilty of a Class B misdemeanor. A second
12 conviction for an offense committed after the first
13 conviction is a Class A misdemeanor. A third or subsequent
14 violation, committed after a second conviction is a Class 4
15 felony. The jurisdiction prosecuting the violation shall be
16 entitled to retain 5% of any fine imposed pursuant to this
17 Section. The remainder shall be allocated to any local
18 organization certified pursuant to the Keep Illinois
19 Beautiful Act. If no such certified organization exists in
20 the jurisdiction, the remainder shall be deposited in the
21 Keep Illinois Beautiful Fund.
22 (b) In addition to any fine imposed under this Act, the
23 court may order that the person convicted of such a violation
24 remove and properly dispose of the litter, may employ special
25 bailiffs to supervise such removal and disposal, and may tax
26 the costs of such supervision as costs against the person so
27 convicted.
28 (c) The penalties prescribed in this Section are in
29 addition to, and not in lieu of, any penalties, rights,
30 remedies, duties or liabilities otherwise imposed or
31 conferred by law.
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1 (Source: P.A. 85-1410.)
2 Section 10. The Clerks of Courts Act is amended by
3 changing Section 27.6 as follows:
4 (705 ILCS 105/27.6)
5 Sec. 27.6. (a) All fees, fines, costs, additional
6 penalties, bail balances assessed or forfeited, and any other
7 amount paid by a person to the circuit clerk equalling an
8 amount of $55 or more, except the additional fee required by
9 subsections (b) and (c), restitution under Section 5-5-6 of
10 the Unified Code of Corrections, reimbursement for the costs
11 of an emergency response as provided under Section 5-5-3 of
12 the Unified Code of Corrections, any fees collected for
13 attending a traffic safety program under paragraph (c) of
14 Supreme Court Rule 529, any fee collected on behalf of a
15 State's Attorney under Section 4-2002 of the Counties Code or
16 a sheriff under Section 4-5001 of the Counties Code, or any
17 cost imposed under Section 124A-5 of the Code of Criminal
18 Procedure of 1963, for convictions, orders of supervision, or
19 any other disposition for a violation of Chapters 3, 4, 6,
20 11, and 12 of the Illinois Vehicle Code, or a similar
21 provision of a local ordinance, and any violation of the
22 Child Passenger Protection Act, or a similar provision of a
23 local ordinance, or any fine imposed for a violation of the
24 Litter Control Act pursuant to Section 8 of that Act, shall
25 be disbursed within 60 days after receipt by the circuit
26 clerk as follows: 44.5% shall be disbursed to the entity
27 authorized by law to receive the fine imposed in the case;
28 16.825% shall be disbursed to the State Treasurer; and
29 38.675% shall be disbursed to the county's general corporate
30 fund. Of the 16.825% disbursed to the State Treasurer, 2/17
31 shall be deposited by the State Treasurer into the Violent
32 Crime Victims Assistance Fund, 5.052/17 shall be deposited
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1 into the Traffic and Criminal Conviction Surcharge Fund, 3/17
2 shall be deposited into the Drivers Education Fund, and
3 6.948/17 shall be deposited into the Trauma Center Fund. Of
4 the 6.948/17 deposited into the Trauma Center Fund from the
5 16.825% disbursed to the State Treasurer, 50% shall be
6 disbursed to the Department of Public Health and 50% shall be
7 disbursed to the Department of Public Aid. For fiscal year
8 1993, amounts deposited into the Violent Crime Victims
9 Assistance Fund, the Traffic and Criminal Conviction
10 Surcharge Fund, or the Drivers Education Fund shall not
11 exceed 110% of the amounts deposited into those funds in
12 fiscal year 1991. Any amount that exceeds the 110% limit
13 shall be distributed as follows: 50% shall be disbursed to
14 the county's general corporate fund and 50% shall be
15 disbursed to the entity authorized by law to receive the fine
16 imposed in the case. Not later than March 1 of each year the
17 circuit clerk shall submit a report of the amount of funds
18 remitted to the State Treasurer under this Section during the
19 preceding year based upon independent verification of fines
20 and fees. All counties shall be subject to this Section,
21 except that counties with a population under 2,000,000 may,
22 by ordinance, elect not to be subject to this Section. For
23 offenses subject to this Section, judges shall impose one
24 total sum of money payable for violations. The circuit clerk
25 may add on no additional amounts except for amounts that are
26 required by Sections 27.3a and 27.3c of this Act, unless
27 those amounts are specifically waived by the judge. With
28 respect to money collected by the circuit clerk as a result
29 of forfeiture of bail, ex parte judgment or guilty plea
30 pursuant to Supreme Court Rule 529, the circuit clerk shall
31 first deduct and pay amounts required by Sections 27.3a and
32 27.3c of this Act. This Section is a denial and limitation of
33 home rule powers and functions under subsection (h) of
34 Section 6 of Article VII of the Illinois Constitution.
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1 (b) In addition to any other fines and court costs
2 assessed by the courts, any person convicted or receiving an
3 order of supervision for driving under the influence of
4 alcohol or drugs shall pay an additional fee of $25 to the
5 clerk of the circuit court. This amount, less 2 1/2% that
6 shall be used to defray administrative costs incurred by the
7 clerk, shall be remitted by the clerk to the Treasurer within
8 60 days after receipt for deposit into the Trauma Center
9 Fund. This additional fee of $25 shall not be considered a
10 part of the fine for purposes of any reduction in the fine
11 for time served either before or after sentencing. Not later
12 than March 1 of each year the Circuit Clerk shall submit a
13 report of the amount of funds remitted to the State Treasurer
14 under this subsection during the preceding calendar year.
15 (c) In addition to any other fines and court costs
16 assessed by the courts, any person convicted for a violation
17 of Sections 24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of
18 1961 or a person sentenced for a violation of the Cannabis
19 Control Act or the Controlled Substance Act shall pay an
20 additional fee of $100 to the clerk of the circuit court.
21 This amount, less 2 1/2% that shall be used to defray
22 administrative costs incurred by the clerk, shall be remitted
23 by the clerk to the Treasurer within 60 days after receipt
24 for deposit into the Trauma Center Fund. This additional fee
25 of $100 shall not be considered a part of the fine for
26 purposes of any reduction in the fine for time served either
27 before or after sentencing. Not later than March 1 of each
28 year the Circuit Clerk shall submit a report of the amount of
29 funds remitted to the State Treasurer under this subsection
30 during the preceding calendar year.
31 (Source: P.A. 89-105, eff. 1-1-96; 89-234, eff. 1-1-96;
32 89-516, eff. 7-18-96; 89-626, eff. 8-9-96.)