Public Act 90-0384 of the 90th General Assembly
Public Act 90-0384
HB0618 Enrolled LRB9003115RCks
AN ACT in relation to criminal fines.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 2. The Illinois Controlled Substances Act is
amended by changing Section 402 as follows:
(720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
Sec. 402. Except as otherwise authorized by this Act, it
is unlawful for any person knowingly to possess a controlled
or counterfeit substance. A violation of this Act with
respect to each of the controlled substances listed herein
constitutes a single and separate violation of this Act.
(a) Any person who violates this Section with respect to
the following controlled or counterfeit substances and
amounts, notwithstanding any of the provisions of subsection
(c) and (d) to the contrary, is guilty of a Class 1 felony
and shall, if sentenced to a term of imprisonment, be
sentenced as provided in this subsection (a) and fined as
provided in subsection (b):
(1) (A) not less than 4 years and not more than 15
years with respect to 15 grams or more but less than
100 grams of a substance containing heroin;
(B) not less than 6 years and not more than 30
years with respect to 100 grams or more but less
than 400 grams of a substance containing heroin;
(C) not less than 8 years and not more than 40
years with respect to 400 grams or more but less
than 900 grams of any substance containing heroin;
(D) not less than 10 years and not more than
50 years with respect to 900 grams or more of any
substance containing heroin;
(2) (A) not less than 4 years and not more than 15
years with respect to 15 grams or more but less than
100 grams of any substance containing cocaine;
(B) not less than 6 years and not more than 30
years with respect to 100 grams or more but less
than 400 grams of any substance containing cocaine;
(C) not less than 8 years and not more than 40
years with respect to 400 grams or more but less
than 900 grams of any substance containing cocaine;
(D) not less than 10 years and not more than
50 years with respect to 900 grams or more of any
substance containing cocaine;
(3) (A) not less than 4 years and not more than 15
years with respect to 15 grams or more but less than
100 grams of any substance containing morphine;
(B) not less than 6 years and not more than 30
years with respect to 100 grams or more but less
than 400 grams of any substance containing morphine;
(C) not less than 8 years and not more than 40
years with respect to 400 grams or more but less
than 900 grams of any substance containing morphine;
(D) not less than 10 years and not more than
50 years with respect to 900 grams or more of any
substance containing morphine;
(4) 200 grams or more of any substance containing
peyote;
(5) 200 grams or more of any substance containing a
derivative of barbituric acid or any of the salts of a
derivative of barbituric acid;
(6) 200 grams or more of any substance containing
amphetamine or methamphetamine or any salt of an optical
isomer of amphetamine or methamphetamine;
(7) (A) not less than 4 years and not more than 15
years with respect to: (i) 15 grams or more but less
than 100 grams of any substance containing lysergic
acid diethylamide (LSD), or an analog thereof, or
(ii) 15 or more objects or 15 or more segregated
parts of an object or objects but less than 200
objects or 200 segregated parts of an object or
objects containing in them or having upon them any
amount of any substance containing lysergic acid
diethylamide (LSD), or an analog thereof;
(B) not less than 6 years and not more than 30
years with respect to: (i) 100 grams or more but
less than 400 grams of any substance containing
lysergic acid diethylamide (LSD), or an analog
thereof, or (ii) 200 or more objects or 200 or more
segregated parts of an object or objects but less
than 600 objects or less than 600 segregated parts
of an object or objects containing in them or having
upon them any amount of any substance containing
lysergic acid diethylamide (LSD), or an analog
thereof;
(C) not less than 8 years and not more than 40
years with respect to: (i) 400 grams or more but
less than 900 grams of any substance containing
lysergic acid diethylamide (LSD), or an analog
thereof, or (ii) 600 or more objects or 600 or more
segregated parts of an object or objects but less
than 1500 objects or 1500 segregated parts of an
object or objects containing in them or having upon
them any amount of any substance containing lysergic
acid diethylamide (LSD), or an analog thereof;
(D) not less than 10 years and not more than
50 years with respect to: (i) 900 grams or more of
any substance containing lysergic acid diethylamide
(LSD), or an analog thereof, or (ii) 1500 or more
objects or 1500 or more segregated parts of an
object or objects containing in them or having upon
them any amount of a substance containing lysergic
acid diethylamide (LSD), or an analog thereof;
(8) 30 grams or more of any substance containing
pentazocine or any of the salts, isomers and salts of
isomers of pentazocine, or an analog thereof;
(9) 30 grams or more of any substance containing
methaqualone or any of the salts, isomers and salts of
isomers of methaqualone;
(10) 30 grams or more of any substance containing
phencyclidine or any of the salts, isomers and salts of
isomers of phencyclidine (PCP);
(11) 200 grams or more of any substance containing
any substance classified as a narcotic drug in Schedules
I or II which is not otherwise included in this
subsection.
(b) Any person sentenced with respect to violations of
paragraph (1), (2), (3) or (7) of subsection (a) involving
100 grams or more of the controlled substance named therein,
may in addition to the penalties provided therein, be fined
an amount not to exceed $200,000 or the full street value of
the controlled or counterfeit substances, whichever is
greater. The term "street value" shall have the meaning
ascribed in Section 110-5 of the Code of Criminal Procedure
of 1963. Any person sentenced with respect to any other
provision of subsection (a), may in addition to the penalties
provided therein, be fined an amount not to exceed $200,000.
(c) Any person who violates this Section with regard to
an amount of a controlled or counterfeit substance not set
forth in subsection (a) or (d) is guilty of a Class 4 felony.
The fine for a violation punishable under this subsection (c)
shall not be more than $25,000 $15,000.
(d) Any person who violates this Section with regard to
any amount of anabolic steroid is guilty of a Class C
misdemeanor for the first offense and a Class B misdemeanor
for a subsequent offense committed within 2 years of a prior
conviction.
(Source: P.A. 89-404, eff. 8-20-95.)
Section 5. The Unified Code of Corrections is amended by
changing Sections 5-1-2 and 5-9-1 as follows:
(730 ILCS 5/5-1-2) (from Ch. 38, par. 1005-1-2)
Sec. 5-1-2. Business Offense.
"Business Offense" means a petty offense for which the
fine is in excess of $1,000 $500.
(Source: P.A. 77-2097.)
(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 $10,000 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 $1,000 or the
amount specified in the offense, whichever is greater;
(3) for a Class B or Class C misdemeanor, $1,500
$500;
(4) for a petty offense, $1,000 $500 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 $4 for each $40, or
fraction thereof, of fine imposed. The additional penalty of
$4 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 for
deposit 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 $25 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 $25 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.
(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. 89-105, eff. 1-1-96.)