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91_HB2883ham001
LRB9103411DHpkam04
1 AMENDMENT TO HOUSE BILL 2883
2 AMENDMENT NO. . Amend House Bill 2883 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Vehicle Code by changing
5 Sections 2-123, 6-204, and 16-104a."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Vehicle Code is amended by
9 changing Sections 2-123, 6-204, and 16-104a as follows:
10 (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
11 Sec. 2-123. Sale and Distribution of Information.
12 (a) Except as otherwise provided in this Section, the
13 Secretary may make the driver's license, vehicle and title
14 registration lists, in part or in whole, and any statistical
15 information derived from these lists available to local
16 governments, elected state officials, state educational
17 institutions, public libraries and all other governmental
18 units of the State and Federal Government requesting them for
19 governmental purposes. The Secretary shall require any such
20 applicant for services to pay for the costs of furnishing
21 such services and the use of the equipment involved, and in
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1 addition is empowered to establish prices and charges for the
2 services so furnished and for the use of the electronic
3 equipment utilized.
4 (b) The Secretary is further empowered to and he may, in
5 his discretion, furnish to any applicant, other than listed
6 in subsection (a) of this Section, vehicle or driver data on
7 a computer tape, disk, or printout at a fixed fee of $250 in
8 advance and require in addition a further sufficient deposit
9 based upon the Secretary of State's estimate of the total
10 cost of the information requested and a charge of $25 per
11 1,000 units or part thereof identified or the actual cost,
12 whichever is greater. The Secretary is authorized to refund
13 any difference between the additional deposit and the actual
14 cost of the request. This service shall not be in lieu of an
15 abstract of a driver's record nor of a title or registration
16 search. The information sold pursuant to this subsection
17 shall be the entire vehicle or driver data list, or part
18 thereof.
19 (c) Secretary of State may issue registration lists.
20 The Secretary of State shall compile and publish, at least
21 annually, a list of all registered vehicles. Each list of
22 registered vehicles shall be arranged serially according to
23 the registration numbers assigned to registered vehicles and
24 shall contain in addition the names and addresses of
25 registered owners and a brief description of each vehicle
26 including the serial or other identifying number thereof.
27 Such compilation may be in such form as in the discretion of
28 the Secretary of State may seem best for the purposes
29 intended.
30 (d) The Secretary of State shall furnish no more than 2
31 current available lists of such registrations to the sheriffs
32 of all counties and to the chiefs of police of all cities and
33 villages and towns of 2,000 population and over in this State
34 at no cost. Additional copies may be purchased at the fee of
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1 $500 each or at the cost of producing the list as determined
2 by the Secretary of State.
3 (e) The Secretary of State shall upon written request
4 and the payment of the fee of $500 furnish the current
5 available list of such motor vehicle registrations to any
6 person so long as the supply of available registration lists
7 shall last.
8 (e-1) Commercial purchasers of driver and vehicle record
9 databases shall enter into a written agreement with the
10 Secretary of State that includes disclosure of the commercial
11 use of the intended purchase. Affected drivers, vehicle
12 owners, or registrants may request that their personally
13 identifiable information not be used for commercial
14 solicitation purposes.
15 (f) The Secretary of State shall make a title or
16 registration search of the records of his office and a
17 written report on the same for any person, upon written
18 application of such person, accompanied by a fee of $5 for
19 each registration or title search. No fee shall be charged
20 for a title or registration search, or for the certification
21 thereof requested by a government agency.
22 The Secretary of State shall certify a title or
23 registration record upon written request. The fee for
24 certification shall be $5 in addition to the fee required for
25 a title or registration search. Certification shall be made
26 under the signature of the Secretary of State and shall be
27 authenticated by Seal of the Secretary of State.
28 The Secretary of State may notify the vehicle owner or
29 registrant of the request for purchase of his title or
30 registration information as the Secretary deems appropriate.
31 The vehicle owner or registrant residence address and
32 other personally identifiable information on the record shall
33 not be disclosed. This nondisclosure shall not apply to
34 requests made by law enforcement officials, government
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1 agencies, financial institutions, attorneys, insurers,
2 employers, automobile associated businesses, other business
3 entities for purposes consistent with the Illinois Vehicle
4 Code, the vehicle owner or registrant, or other entities as
5 the Secretary may exempt by rule and regulation. This
6 information may be withheld from the entities listed above,
7 except law enforcement and government agencies upon
8 presentation of a valid court order of protection for the
9 duration of the order.
10 No information shall be released to the requestor until
11 expiration of a 10 day period. This 10 day period shall not
12 apply to requests for information made by law enforcement
13 officials, government agencies, financial institutions,
14 attorneys, insurers, employers, automobile associated
15 businesses, persons licensed as a private detective or firms
16 licensed as a private detective agency under the Private
17 Detective, Private Alarm, and Private Security Act of 1983,
18 who are employed by or are acting on behalf of law
19 enforcement officials, government agencies, financial
20 institutions, attorneys, insurers, employers, automobile
21 associated businesses, and other business entities for
22 purposes consistent with the Illinois Vehicle Code, the
23 vehicle owner or registrant or other entities as the
24 Secretary may exempt by rule and regulation.
25 Any misrepresentation made by a requestor of title or
26 vehicle information shall be punishable as a petty offense,
27 except in the case of persons licensed as a private detective
28 or firms licensed as a private detective agency which shall
29 be subject to disciplinary sanctions under Section 22 or 25
30 of the Private Detective, Private Alarm, and Private Security
31 Act of 1983.
32 (g) 1. The Secretary of State may, upon receipt of a
33 written request and a fee of $6, furnish to the person or
34 agency so requesting a driver's record. Such document
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1 may include a record of: current driver's license
2 issuance information, except that the information on
3 judicial driving permits shall be available only as
4 otherwise provided by this Code; convictions; orders
5 entered revoking, suspending or cancelling a driver's
6 license or privilege; and notations of accident
7 involvement. All other information, unless otherwise
8 permitted by this Code, shall remain confidential.
9 2. The Secretary of State may certify an abstract
10 of a driver's record upon written request therefor.
11 Such certification shall be made under the signature of
12 the Secretary of State and shall be authenticated by the
13 Seal of his office.
14 3. All requests for driving record information
15 shall be made in a manner prescribed by the Secretary.
16 The Secretary of State may notify the affected
17 driver of the request for purchase of his driver's record
18 as the Secretary deems appropriate.
19 The affected driver residence address and other
20 personally identifiable information on the record shall
21 not be disclosed. This nondisclosure shall not apply to
22 requests made by law enforcement officials, government
23 agencies, financial institutions, attorneys, insurers,
24 employers, automobile associated businesses, other
25 business entities for purposes consistent with the
26 Illinois Vehicle Code, the affected driver, or other
27 entities as the Secretary may exempt by rule and
28 regulation. This information may be withheld from the
29 entities listed above, except law enforcement and
30 government agencies, upon presentation of a valid court
31 order of protection for the duration of the order.
32 No information shall be released to the requester
33 until expiration of a 10 day period. This 10 day period
34 shall not apply to requests for information made by law
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1 enforcement officials, government agencies, financial
2 institutions, attorneys, insurers, employers, automobile
3 associated businesses, persons licensed as a private
4 detective or firms licensed as a private detective agency
5 under the Private Detective, Private Alarm, and Private
6 Security Act of 1983, who are employed by or are acting
7 on behalf of law enforcement officials, government
8 agencies, financial institutions, attorneys, insurers,
9 employers, automobile associated businesses, and other
10 business entities for purposes consistent with the
11 Illinois Vehicle Code, the affected driver or other
12 entities as the Secretary may exempt by rule and
13 regulation.
14 Any misrepresentation made by a requestor of driver
15 information shall be punishable as a petty offense,
16 except in the case of persons licensed as a private
17 detective or firms licensed as a private detective agency
18 which shall be subject to disciplinary sanctions under
19 Section 22 or 25 of the Private Detective, Private Alarm,
20 and Private Security Act of 1983.
21 4. The Secretary of State may furnish without fee,
22 upon the written request of a law enforcement agency, any
23 information from a driver's record on file with the
24 Secretary of State when such information is required in
25 the enforcement of this Code or any other law relating to
26 the operation of motor vehicles, including records of
27 dispositions; documented information involving the use of
28 a motor vehicle; whether such individual has, or
29 previously had, a driver's license; and the address and
30 personal description as reflected on said driver's
31 record.
32 5. Except as otherwise provided in this Section,
33 the Secretary of State may furnish, without fee,
34 information from an individual driver's record on file,
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1 if a written request therefor is submitted by any public
2 transit system or authority, public defender, law
3 enforcement agency, a state or federal agency, or an
4 Illinois local intergovernmental association, if the
5 request is for the purpose of a background check of
6 applicants for employment with the requesting agency, or
7 for the purpose of an official investigation conducted by
8 the agency, or to determine a current address for the
9 driver so public funds can be recovered or paid to the
10 driver, or for any other lawful purpose.
11 The Secretary may also furnish the courts a copy of
12 an abstract of a driver's record, without fee, subsequent
13 to an arrest for a violation of Section 11-501 or a
14 similar provision of a local ordinance. Such abstract
15 may include records of dispositions; documented
16 information involving the use of a motor vehicle as
17 contained in the current file; whether such individual
18 has, or previously had, a driver's license; and the
19 address and personal description as reflected on said
20 driver's record.
21 6. Any certified abstract issued by the Secretary
22 of State or transmitted electronically by the Secretary
23 of State pursuant to this Section, to a court or on
24 request of a law enforcement agency, for the record of a
25 named person as to the status of the person's driver's
26 license shall be prima facie evidence of the facts
27 therein stated and if the name appearing in such abstract
28 is the same as that of a person named in an information
29 or warrant, such abstract shall be prima facie evidence
30 that the person named in such information or warrant is
31 the same person as the person named in such abstract and
32 shall be admissible for any prosecution under this Code
33 and be admitted as proof of any prior conviction or proof
34 of records, notices, or orders recorded on individual
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1 driving records maintained by the Secretary of State.
2 7. Subject to any restrictions contained in the
3 Juvenile Court Act of 1987, and upon receipt of a proper
4 request and a fee of $6, the Secretary of State shall
5 provide a driver's record to the affected driver, or the
6 affected driver's attorney, upon verification. Such
7 record shall contain all the information referred to in
8 paragraph 1 of this subsection (g) plus: any recorded
9 accident involvement as a driver; information recorded
10 pursuant to subsection (e) of Section 6-117 and paragraph
11 (4) of subsection (a) of Section 6-204 of this Code. All
12 other information, unless otherwise permitted by this
13 Code, shall remain confidential.
14 (h) The Secretary shall not disclose social security
15 numbers except pursuant to a written request by, or with the
16 prior written consent of, the individual except: (1) to
17 officers and employees of the Secretary who have a need to
18 know the social security numbers in performance of their
19 official duties, (2) to law enforcement officials for a
20 lawful, civil or criminal law enforcement investigation, and
21 if the head of the law enforcement agency has made a written
22 request to the Secretary specifying the law enforcement
23 investigation for which the social security numbers are being
24 sought, (3) to the United States Department of
25 Transportation, or any other State, pursuant to the
26 administration and enforcement of the Commercial Motor
27 Vehicle Safety Act of 1986, (4) pursuant to the order of a
28 court of competent jurisdiction, or (5) to the Department of
29 Public Aid for utilization in the child support enforcement
30 duties assigned to that Department under provisions of the
31 Public Aid Code after the individual has received advanced
32 meaningful notification of what redisclosure is sought by the
33 Secretary in accordance with the federal Privacy Act;
34 provided, the redisclosure shall not be authorized by the
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1 Secretary prior to September 30, 1992.
2 (i) The Secretary of State is empowered to promulgate
3 rules and regulations to effectuate this Section.
4 (j) Medical statements or medical reports received in
5 the Secretary of State's Office shall be confidential. No
6 confidential information may be open to public inspection or
7 the contents disclosed to anyone, except officers and
8 employees of the Secretary who have a need to know the
9 information contained in the medical reports and the Driver
10 License Medical Advisory Board, unless so directed by an
11 order of a court of competent jurisdiction.
12 (k) All fees collected under this Section shall be paid
13 into the Road Fund of the State Treasury, except that $3 of
14 the $6 fee for a driver's record shall be paid into the
15 Secretary of State Special Services Fund.
16 (l) The Secretary of State shall report his
17 recommendations to the General Assembly by January 1, 1993,
18 regarding the sale and dissemination of the information
19 maintained by the Secretary, including the sale of lists of
20 driver and vehicle records.
21 (m) Notations of accident involvement that may be
22 disclosed under this Section shall not include notations
23 relating to damage to a vehicle or other property being
24 transported by a tow truck. This information shall remain
25 confidential, provided that nothing in this subsection (m)
26 shall limit disclosure of any notification of accident
27 involvement to any law enforcement agency or official.
28 (n) Requests made by the news media for driver's
29 license, vehicle, or title registration information may be
30 furnished without charge or at a reduced charge, as
31 determined by the Secretary, when the specific purpose for
32 requesting the documents is deemed to be in the public
33 interest. Waiver or reduction of the fee is in the public
34 interest if the principal purpose of the request is to access
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1 and disseminate information regarding the health, safety, and
2 welfare or the legal rights of the general public and is not
3 for the principal purpose of gaining a personal or commercial
4 benefit.
5 (Source: P.A. 90-144, eff. 7-23-97; 90-330, eff. 8-8-97;
6 90-400, eff. 8-15-97; 90-655, eff. 7-30-98; 91-37, eff.
7 7-1-99; 91-357, eff. 7-29-99.)
8 (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
9 Sec. 6-204. When Court to forward License and Reports.
10 (a) For the purpose of providing to the Secretary of
11 State the records essential to the performance of the
12 Secretary's duties under this Code to cancel, revoke or
13 suspend the driver's license and privilege to drive motor
14 vehicles of certain minors adjudicated truant minors in need
15 of supervision, addicted, or delinquent and of persons found
16 guilty of the criminal offenses or traffic violations which
17 this Code recognizes as evidence relating to unfitness to
18 safely operate motor vehicles, the following duties are
19 imposed upon public officials:
20 (1) 1. Whenever any person is convicted of any
21 offense for which this Code makes mandatory the
22 cancellation or revocation of the driver's license or
23 permit of such person by the Secretary of State, the
24 judge of the court in which such conviction is had shall
25 require the surrender to the clerk of the court of all
26 driver's licenses or permits then held by the person so
27 convicted, and the clerk of the court shall, within 10
28 days thereafter, forward the same, together with a report
29 of such conviction, to the Secretary.
30 (2) 2. Whenever any person is convicted of any
31 offense under this Code or similar offenses under a
32 municipal ordinance, other than regulations governing
33 standing, parking or weights of vehicles, and excepting
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1 the following enumerated Sections of this Code: Sections
2 11-1406 (obstruction to driver's view or control),
3 11-1407 (improper opening of door into traffic), 11-1410
4 (coasting on downgrade), 11-1411 (following fire
5 apparatus), 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101
6 (driving vehicle which is in unsafe condition or
7 improperly equipped), 12-201(a) (daytime lights on
8 motorcycles), 12-202 (clearance, identification and side
9 marker lamps), 12-204 (lamp or flag on projecting load),
10 12-205 (failure to display the safety lights required),
11 12-401 (restrictions as to tire equipment), 12-502
12 (mirrors), 12-503 (windshields must be unobstructed and
13 equipped with wipers), 12-601 (horns and warning
14 devices), 12-602 (mufflers, prevention of noise or
15 smoke), 12-603 (seat safety belts), 12-702 (certain
16 vehicles to carry flares or other warning devices),
17 12-703 (vehicles for oiling roads operated on highways),
18 12-710 (splash guards and replacements), 13-101 (safety
19 tests), 15-101 (size, weight and load), 15-102 (width),
20 15-103 (height), 15-104 (name and address on second
21 division vehicles), 15-107 (length of vehicle), 15-109.1
22 (cover or tarpaulin), 15-111 (weights), 15-112 (weights),
23 15-301 (weights), 15-316 (weights), 15-318 (weights), and
24 also excepting the following enumerated Sections of the
25 Chicago Municipal Code: Sections 27-245 (following fire
26 apparatus), 27-254 (obstruction of traffic), 27-258
27 (driving vehicle which is in unsafe condition), 27-259
28 (coasting on downgrade), 27-264 (use of horns and signal
29 devices), 27-265 (obstruction to driver's view or driver
30 mechanism), 27-267 (dimming of headlights), 27-268
31 (unattended motor vehicle), 27-272 (illegal funeral
32 procession), 27-273 (funeral procession on boulevard),
33 27-275 (driving freighthauling vehicles on boulevard),
34 27-276 (stopping and standing of buses or taxicabs),
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1 27-277 (cruising of public passenger vehicles), 27-305
2 (parallel parking), 27-306 (diagonal parking), 27-307
3 (parking not to obstruct traffic), 27-308 (stopping,
4 standing or parking regulated), 27-311 (parking
5 regulations), 27-312 (parking regulations), 27-313
6 (parking regulations), 27-314 (parking regulations),
7 27-315 (parking regulations), 27-316 (parking
8 regulations), 27-317 (parking regulations), 27-318
9 (parking regulations), 27-319 (parking regulations),
10 27-320 (parking regulations), 27-321 (parking
11 regulations), 27-322 (parking regulations), 27-324
12 (loading and unloading at an angle), 27-333 (wheel and
13 axle loads), 27-334 (load restrictions in the downtown
14 district), 27-335 (load restrictions in residential
15 areas), 27-338 (width of vehicles), 27-339 (height of
16 vehicles), 27-340 (length of vehicles), 27-352
17 (reflectors on trailers), 27-353 (mufflers), 27-354
18 (display of plates), 27-355 (display of city vehicle tax
19 sticker), 27-357 (identification of vehicles), 27-358
20 (projecting of loads), and also excepting the following
21 enumerated paragraphs of Section 2-201 of the Rules and
22 Regulations of the Illinois State Toll Highway Authority:
23 (l) (driving unsafe vehicle on tollway), (m) (vehicles
24 transporting dangerous cargo not properly indicated), it
25 shall be the duty of the clerk of the court in which such
26 conviction is had within 10 days thereafter to forward to
27 the Secretary of State a report of the conviction and the
28 court may recommend the suspension of the driver's
29 license or permit of the person so convicted.
30 The reporting requirements of this subsection shall apply
31 to all violations stated in paragraphs (1) and (2) of this
32 subsection when the individual has been adjudicated under the
33 Juvenile Court Act or the Juvenile Court Act of 1987. Such
34 reporting requirements shall also apply to individuals
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1 adjudicated under the Juvenile Court Act or the Juvenile
2 Court Act of 1987 who have committed a violation of Section
3 11-501 of this Code, or similar provision of a local
4 ordinance, or Section 9-3 of the Criminal Code of 1961, as
5 amended, relating to the offense of reckless homicide. The
6 reporting requirements of this subsection shall also apply to
7 a truant minor in need of supervision, an addicted minor, or
8 a delinquent minor and whose driver's license and privilege
9 to drive a motor vehicle has been ordered suspended for such
10 times as determined by the Court, but only until he or she
11 attains 18 years of age. It shall be the duty of the clerk
12 of the court in which adjudication is had within 10 days
13 thereafter to forward to the Secretary of State a report of
14 the adjudication and the court order requiring the Secretary
15 of State to suspend the minor's driver's license and driving
16 privilege for such time as determined by the Court, but only
17 until he or she attains the age of 18 years. All juvenile
18 court dispositions reported to the Secretary of State under
19 this provision shall be processed by the Secretary of State
20 as if the cases had been adjudicated in traffic or criminal
21 court. However, information reported relative to the offense
22 of reckless homicide, or Section 11-501 of this Code, or a
23 similar provision of a local ordinance, shall be privileged
24 and available only to the Secretary of State, courts, and
25 police officers.
26 (3) 3. Whenever an order is entered vacating the
27 forfeiture of any bail, security or bond given to secure
28 appearance for any offense under this Code or similar
29 offenses under municipal ordinance, it shall be the duty
30 of the clerk of the court in which such vacation was had
31 or the judge of such court if such court has no clerk,
32 within 10 days thereafter to forward to the Secretary of
33 State a report of the vacation.
34 (4) 4. A report of any disposition of court
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1 supervision for a violation of Sections 6-303, 11-401,
2 11-501 or a similar provision of a local ordinance,
3 11-503 and 11-504 shall be forwarded to the Secretary of
4 State. A report of any disposition of court supervision
5 for a violation of an offense defined as a serious
6 traffic violation in this Code or a similar provision of
7 a local ordinance committed by a person under the age of
8 21 years shall be forwarded to the Secretary of State.
9 (5) 5. Reports of conviction and sentencing hearing
10 under the Juvenile Court Act of 1987 in an electronic
11 format a computer processible medium shall be forwarded
12 to the Secretary of State via the Supreme Court in the
13 form and format required by the Illinois Supreme Court
14 and established by a written agreement between the
15 Supreme Court and the Secretary of State. In counties
16 with a population over 300,000, instead of forwarding
17 reports to the Supreme Court, reports of conviction and
18 sentencing hearing under the Juvenile Court Act of 1987
19 in an electronic format a computer processible medium may
20 be forwarded to the Secretary of State by the Circuit
21 Court Clerk in a form and format required by the
22 Secretary of State and established by written agreement
23 between the Circuit Court Clerk and the Secretary of
24 State. Failure to forward the reports of conviction or
25 sentencing hearing under the Juvenile Court Act of 1987
26 as required by this Section shall be deemed an omission
27 of duty and it shall be the duty of the several State's
28 Attorneys to enforce the requirements of this Section.
29 (b) Whenever a restricted driving permit is forwarded to
30 a court, as a result of confiscation by a police officer
31 pursuant to the authority in Section 6-113(f), it shall be
32 the duty of the clerk, or judge, if the court has no clerk,
33 to forward such restricted driving permit and a facsimile of
34 the officer's citation to the Secretary of State as
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1 expeditiously as practicable.
2 (c) For the purposes of this Code, a forfeiture of bail
3 or collateral deposited to secure a defendant's appearance in
4 court when forfeiture has not been vacated, or the failure of
5 a defendant to appear for trial after depositing his driver's
6 license in lieu of other bail, shall be equivalent to a
7 conviction.
8 (d) For the purpose of providing the Secretary of State
9 with records necessary to properly monitor and assess driver
10 performance and assist the courts in the proper disposition
11 of repeat traffic law offenders, the clerk of the court shall
12 forward to the Secretary of State, either on paper or in an
13 electronic format, in on a form prescribed by the Secretary,
14 records of any disposition of court supervision for any
15 traffic violation, excluding those listed in paragraph (a)(2)
16 of this Section, or records of a driver's participation in a
17 driver remedial or rehabilitative program which was required,
18 through a court order or court supervision, in relation to
19 the driver's arrest for a violation of Section 11-501 of this
20 Code or a similar provision of a local ordinance. These
21 Suchreports shall be sent within 10 days after disposition,
22 or, if the driver is referred to a the driver's referral to
23 such driver remedial or rehabilitative program, within 10
24 days of the driver's referral to that program. These reports
25 received by the Secretary of State, including those required
26 to be forwarded under paragraph (a)(4), shall be privileged
27 information, available only (i) to the affected driver and
28 (ii) for use by the courts, police officers, prosecuting
29 authorities, and the Secretary of State. Such reports,
30 including those required to be forwarded under subsection 4
31 of paragraph (a), shall be recorded to the driver's file, but
32 shall not be released to any outside source, except the
33 affected driver, and shall be used only to assist in
34 assessing driver performance and for the purpose of informing
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1 the courts that such driver has been previously assigned
2 court supervision or referred to a driver's remedial or
3 rehabilitative program.
4 (Source: P.A. 90-369, eff. 1-1-98; 90-590, eff. 1-1-99;
5 91-357, eff. 7-29-99.)
6 (625 ILCS 5/16-104a) (from Ch. 95 1/2, par. 16-104a)
7 Sec. 16-104a. Additional penalty for certain violations.
8 There is added to every fine imposed upon conviction of an
9 offense reportable to the Secretary of State under the
10 provisions of subdivision (a) (2) of Section 6-204 of this
11 Act an additional penalty of $4 for each $40, or fraction
12 thereof, of fine imposed. Each such additional penalty
13 received shall be remitted within one month to the State
14 Treasurer to be deposited into the Drivers Education Fund,
15 unless the additional penalty is subject to disbursement by
16 the circuit clerk under Section 27.5 of the Clerks of Courts
17 Act. Such additional amounts shall be assessed by the court
18 and shall be collected by the Clerk of the Circuit Court in
19 addition to the fine and costs in the case. Such additional
20 penalty shall not be considered a part of the fine for
21 purposes of any reduction made in the fine for time served
22 either before or after sentencing. Not later than March 1 of
23 each year the Clerk of the Circuit Court shall submit to the
24 State Comptroller a report of the amount of funds remitted by
25 him to the State Treasurer under this Section during the
26 preceding calendar year. Except as otherwise provided by
27 Supreme Court Rules, if a court in sentencing an offender
28 levies a gross amount for fine, costs, fees and penalties,
29 the amount of the additional penalty provided for herein
30 shall be computed on the amount remaining after deducting
31 from the gross amount levied all fees of the Circuit Clerk,
32 the State's Attorney and the Sheriff. After deducting from
33 the gross amount levied the fees and additional penalty
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1 provided for herein, less any other additional penalties
2 provided by law, the clerk shall remit the net balance
3 remaining to the entity authorized by law to receive the fine
4 imposed in the case. For purposes of this Section "fees of
5 the Circuit Clerk" shall include, if applicable, the fee
6 provided for under Section 27.3a of the Clerks of Courts Act
7 and the fee, if applicable, payable to the county in which
8 the violation occurred pursuant to Section 5-1101 of the
9 Counties Code.
10 When bail is forfeited for failure to appear in
11 connection with an offense reportable to the Secretary of
12 State under subdivision (a) (2) of Section 6-204 of this Act,
13 and no fine is imposed ex parte, $4 of every $40 cash
14 deposit, or fraction thereof, given to secure appearance
15 shall be remitted within one month to the State Treasurer to
16 be deposited into the Drivers Education Fund, unless the bail
17 is subject to disbursement by the circuit clerk under Section
18 27.5 of the Clerks of Courts Act.
19 (Source: P.A. 86-1475; 87-670.)
20 Section 99. This Act takes effect on October 1, 2000.".