Illinois General Assembly - Full Text of Public Act 094-0652
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Public Act 094-0652


 

Public Act 0652 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0652
 
SB1180 Enrolled LRB094 04829 RLC 34858 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Unified Code of Corrections is amended by
changing Section 5-9-1 as follows:
 
    (730 ILCS 5/5-9-1)  (from Ch. 38, par. 1005-9-1)
    Sec. 5-9-1. Authorized fines.
    (a) An offender may be sentenced to pay a fine which shall
not exceed for each offense:
        (1) for a felony, $25,000 or the amount specified in
    the offense, whichever is greater, or where the offender is
    a corporation, $50,000 or the amount specified in the
    offense, whichever is greater;
        (2) for a Class A misdemeanor, $2,500 or the amount
    specified in the offense, whichever is greater;
        (3) for a Class B or Class C misdemeanor, $1,500;
        (4) for a petty offense, $1,000 or the amount specified
    in the offense, whichever is less;
        (5) for a business offense, the amount specified in the
    statute defining that offense.
    (b) A fine may be imposed in addition to a sentence of
conditional discharge, probation, periodic imprisonment, or
imprisonment.
    (c) There shall be added to every fine imposed in
sentencing for a criminal or traffic offense, except an offense
relating to parking or registration, or offense by a
pedestrian, an additional penalty of $9 $5 for each $40, or
fraction thereof, of fine imposed. The additional penalty of $9
$5 for each $40, or fraction thereof, of fine imposed, if not
otherwise assessed, shall also be added to every fine imposed
upon a plea of guilty, stipulation of facts or findings of
guilty, resulting in a judgment of conviction, or order of
supervision in criminal, traffic, local ordinance, county
ordinance, and conservation cases (except parking,
registration, or pedestrian violations), or upon a sentence of
probation without entry of judgment under Section 10 of the
Cannabis Control Act or Section 410 of the Controlled
Substances Act.
    Such additional amounts shall be assessed by the court
imposing the fine and shall be collected by the Circuit Clerk
in addition to the fine and costs in the case. Each such
additional penalty shall be remitted by the Circuit Clerk
within one month after receipt to the State Treasurer. The
State Treasurer shall deposit $1 for each $40, or fraction
thereof, of fine imposed into the LEADS Maintenance Fund. The
remaining surcharge amount shall be deposited into the Traffic
and Criminal Conviction Surcharge Fund, unless the fine, costs
or additional amounts are subject to disbursement by the
circuit clerk under Section 27.5 of the Clerks of Courts Act.
Such additional penalty 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. Not later than March 1 of
each year the Circuit Clerk shall submit a report of the amount
of funds remitted to the State Treasurer under this subsection
(c) during the preceding calendar year. Except as otherwise
provided by Supreme Court Rules, if a court in imposing a fine
against an offender levies a gross amount for fine, costs, fees
and penalties, the amount of the additional penalty provided
for herein shall be computed on the amount remaining after
deducting from the gross amount levied all fees of the Circuit
Clerk, the State's Attorney and the Sheriff. After deducting
from the gross amount levied the fees and additional penalty
provided for herein, less any other additional penalties
provided by law, the clerk shall remit the net balance
remaining to the entity authorized by law to receive the fine
imposed in the case. For purposes of this Section "fees of the
Circuit Clerk" shall include, if applicable, the fee provided
for under Section 27.3a of the Clerks of Courts Act and the
fee, if applicable, payable to the county in which the
violation occurred pursuant to Section 5-1101 of the Counties
Code.
    (c-5) In addition to the fines imposed by subsection (c),
any person convicted or receiving an order of supervision for
driving under the influence of alcohol or drugs shall pay an
additional $100 fee to the clerk. This additional fee, less 2
1/2% that shall be used to defray administrative costs incurred
by the clerk, shall be remitted by the clerk to the Treasurer
within 60 days after receipt for deposit into the Trauma Center
Fund. This additional fee of $100 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. Not later than
March 1 of each year the Circuit Clerk shall submit a report of
the amount of funds remitted to the State Treasurer under this
subsection (c-5) during the preceding calendar year.
    The Circuit Clerk may accept payment of fines and costs by
credit card from an offender who has been convicted of a
traffic offense, petty offense or misdemeanor and may charge
the service fee permitted where fines and costs are paid by
credit card provided for in Section 27.3b of the Clerks of
Courts Act.
    (c-7) In addition to the fines imposed by subsection (c),
any person convicted or receiving an order of supervision for
driving under the influence of alcohol or drugs shall pay an
additional $5 fee to the clerk. This additional fee, less 2
1/2% that shall be used to defray administrative costs incurred
by the clerk, shall be remitted by the clerk to the Treasurer
within 60 days after receipt 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. Not later than March 1 of each year the
Circuit Clerk shall submit a report of the amount of funds
remitted to the State Treasurer under this subsection (c-7)
during the preceding calendar year.
    (c-9) (Blank). There shall be added to every fine imposed
in sentencing for a criminal or traffic offense, except an
offense relating to parking or registration, or offense by a
pedestrian, an additional penalty of $4 imposed. The additional
penalty of $4 shall also be added to every fine imposed upon a
plea of guilty, stipulation of facts or findings of guilty,
resulting in a judgment of conviction, or order of supervision
in criminal, traffic, local ordinance, county ordinance, or
conservation cases (except parking, registration, or
pedestrian violations), or upon a sentence of probation without
entry of judgment under Section 10 of the Cannabis Control Act
or Section 410 of the Controlled Substances Act. Such
additional penalty of $4 shall be assessed by the court
imposing the fine and shall be collected by the circuit clerk
in addition to any other fine, costs, fees, and penalties in
the case. Each such additional penalty of $4 shall be remitted
to the State Treasurer by the circuit clerk within one month
after receipt. The State Treasurer shall deposit the additional
penalty of $4 into the Traffic and Criminal Conviction
Surcharge Fund. The additional penalty of $4 shall be in
addition to any other fine, costs, fees, and penalties and
shall not reduce or affect the distribution of any other fine,
costs, fees, and penalties.
    (d) In determining the amount and method of payment of a
fine, except for those fines established for violations of
Chapter 15 of the Illinois Vehicle Code, the court shall
consider:
        (1) the financial resources and future ability of the
    offender to pay the fine; and
        (2) whether the fine will prevent the offender from
    making court ordered restitution or reparation to the
    victim of the offense; and
        (3) in a case where the accused is a dissolved
    corporation and the court has appointed counsel to
    represent the corporation, the costs incurred either by the
    county or the State for such representation.
    (e) The court may order the fine to be paid forthwith or
within a specified period of time or in installments.
    (f) All fines, costs and additional amounts imposed under
this Section for any violation of Chapters 3, 4, 6, and 11 of
the Illinois Vehicle Code, or a similar provision of a local
ordinance, and any violation of the Child Passenger Protection
Act, or a similar provision of a local ordinance, shall be
collected and disbursed by the circuit clerk as provided under
Section 27.5 of the Clerks of Courts Act.
(Source: P.A. 92-431, eff. 1-1-02; 93-32, eff. 6-20-03.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/22/2005