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92nd General Assembly

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Public Act 92-0431

SB64 Enrolled                                 LRB9201534DHmbA

    AN ACT in relation to vehicles.

    Be it  enacted  by  the  People  of  the  State  of  Illinois,
represented in the General Assembly:

    Section 10.  The Illinois  Vehicle  Code  is  amended  by
changing Sections 11-501 and 16-104b as follows:

    (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
    Sec.  11-501.   Driving  while  under  the  influence  of
alcohol,  other  drug  or  drugs,  intoxicating  compound  or
compounds or any combination thereof.
    (a)  A  person  shall  not drive or be in actual physical
control of any vehicle within this State while:
         (1)  the alcohol concentration in the person's blood
    or breath is 0.08 or more  based  on  the  definition  of
    blood and breath units in Section 11-501.2;
         (2)  under the influence of alcohol;
         (3)  under   the   influence   of  any  intoxicating
    compound or combination of intoxicating  compounds  to  a
    degree  that  renders  the  person  incapable  of driving
    safely;
         (4)  under  the  influence  of  any  other  drug  or
    combination of drugs to a degree that renders the  person
    incapable of safely driving;
         (5)  under  the combined influence of alcohol, other
    drug or drugs, or intoxicating compound or compounds to a
    degree  that  renders  the  person  incapable  of  safely
    driving; or
         (6)  there is any amount of a  drug,  substance,  or
    compound   in   the  person's  breath,  blood,  or  urine
    resulting  from  the  unlawful  use  or  consumption   of
    cannabis listed in the Cannabis Control Act, a controlled
    substance  listed  in  the Illinois Controlled Substances
    Act, or an intoxicating compound listed  in  the  Use  of
    Intoxicating Compounds Act.
    (b)  The fact that any person charged with violating this
Section is or has been legally entitled to use alcohol, other
drug  or drugs, or intoxicating compound or compounds, or any
combination thereof,  shall not constitute a defense  against
any charge of violating this Section.
    (c)  Except as provided under paragraphs (c-3) and (d) of
this  Section,  every  person  convicted  of  violating  this
Section or a similar provision of a local ordinance, shall be
guilty of a Class A misdemeanor and, in addition to any other
criminal  or administrative action, for any second conviction
of violating this Section or a similar provision of a law  of
another  state or local ordinance committed within 5 years of
a previous violation of this Section or a  similar  provision
of  a  local  ordinance  shall  be mandatorily sentenced to a
minimum of 48 consecutive hours of imprisonment  or  assigned
to  a  minimum  of  100  hours of community service as may be
determined by the court.  Every person convicted of violating
this Section or a similar  provision  of  a  local  ordinance
shall  be  subject  to a mandatory minimum fine of $500 and a
mandatory 5 days of community service in a program benefiting
children if the person committed a violation of paragraph (a)
or  a  similar  provision  of   a   local   ordinance   while
transporting a person under age 16.  Every person convicted a
second time for violating this Section or a similar provision
of  a  local ordinance within 5 years of a previous violation
of this Section or a similar provision of a  law  of  another
state  or  local  ordinance  shall  be subject to a mandatory
minimum fine of $500  and  10  days  of  mandatory  community
service  in  a  program  benefiting  children  if the current
offense was committed while transporting a person  under  age
16.   The  imprisonment  or  assignment under this subsection
shall not be subject to suspension nor shall  the  person  be
eligible  for  probation  in  order to reduce the sentence or
assignment.
    (c-1) (1)  A person who violates this  Section  during  a
    period in which his or her driving privileges are revoked
    or  suspended, where the revocation or suspension was for
    a violation of this Section, Section 11-501.1,  paragraph
    (b)  of  Section  11-401,  or Section 9-3 of the Criminal
    Code of 1961 is guilty of a Class 4 felony.
         (2)  A person who violates this Section a third time
    during a period in which his or  her  driving  privileges
    are   revoked   or  suspended  where  the  revocation  or
    suspension was for a violation of this  Section,  Section
    11-501.1, paragraph (b) of Section 11-401, or Section 9-3
    of  the  Criminal  Code  of  1961  is guilty of a Class 3
    felony.
         (3)  A person who violates this Section a fourth  or
    subsequent  time  during  a  period  in  which his or her
    driving privileges are revoked  or  suspended  where  the
    revocation  or  suspension  was  for  a violation of this
    Section,  Section  11-501.1,  paragraph  (b)  of  Section
    11-401, or Section 9-3 of the Criminal Code  of  1961  is
    guilty of a Class 2 felony.
    (c-2)  (Blank).
    (c-3)  Every  person  convicted of violating this Section
or a similar provision of a local ordinance who had  a  child
under  age 16 in the vehicle at the time of the offense shall
have his or her punishment under this Act enhanced by 2  days
of  imprisonment for a first offense, 10 days of imprisonment
for a second offense, 30 days of  imprisonment  for  a  third
offense,  and  90  days  of  imprisonment  for  a  fourth  or
subsequent  offense,  in  addition  to the fine and community
service  required  under  subsection  (c)  and  the  possible
imprisonment required under subsection (d).  The imprisonment
or assignment under this subsection shall not be  subject  to
suspension  nor shall the person be eligible for probation in
order to reduce the sentence or assignment.
    (d) (1)  Every person convicted of committing a violation
of this Section shall be guilty of aggravated  driving  under
the   influence   of   alcohol,   other  drug  or  drugs,  or
intoxicating  compound  or  compounds,  or  any   combination
thereof if:
         (A)  the   person  committed  a  violation  of  this
    Section, or a similar provision of a law of another state
    or a local ordinance when the cause of action is the same
    as or substantially similar  to  this  Section,  for  the
    third or subsequent time;
         (B)  the  person  committed a violation of paragraph
    (a) while driving a school bus with children on board;
         (C)  the  person  in  committing  a   violation   of
    paragraph  (a)  was  involved in a motor vehicle accident
    that  resulted  in  great  bodily   harm   or   permanent
    disability   or   disfigurement   to  another,  when  the
    violation was a proximate cause of the injuries; or
         (D)  the person committed a violation  of  paragraph
    (a)  for  a second time and has been previously convicted
    of violating Section 9-3 of the  Criminal  Code  of  1961
    relating  to  reckless  homicide  in which the person was
    determined to have been under the influence  of  alcohol,
    other   drug   or  drugs,  or  intoxicating  compound  or
    compounds as an element of the offense or the person  has
    previously  been convicted under subparagraph (C) of this
    paragraph (1).
    (2)  Aggravated driving under the influence  of  alcohol,
other  drug  or drugs, or intoxicating compound or compounds,
or any combination thereof is a Class 4 felony  for  which  a
person,  if  sentenced  to  a  term of imprisonment, shall be
sentenced to not less than one year and not more than 3 years
for a violation of subparagraph (A), (B) or (D) of  paragraph
(1) of this subsection (d) and not less than one year and not
more  than  12  years  for a violation of subparagraph (C) of
paragraph (1) of this subsection  (d).  For  any  prosecution
under  this  subsection  (d), a certified copy of the driving
abstract of the defendant shall be admitted as proof  of  any
prior conviction.
    (e)  After  a  finding  of  guilt  and prior to any final
sentencing, or an order for supervision, for an offense based
upon an arrest for a violation of this Section or  a  similar
provision of a local ordinance, individuals shall be required
to  undergo  a  professional  evaluation  to  determine if an
alcohol, drug, or intoxicating compound abuse problem  exists
and  the  extent  of  the problem.  Programs conducting these
evaluations shall be licensed  by  the  Department  of  Human
Services.   The  cost of any professional evaluation shall be
paid  for  by  the  individual  required   to   undergo   the
professional evaluation.
    (f)  Every person found guilty of violating this Section,
whose operation of a motor vehicle while in violation of this
Section  proximately  caused  any  incident  resulting  in an
appropriate emergency  response,  shall  be  liable  for  the
expense  of  an  emergency response as provided under Section
5-5-3 of the Unified Code of Corrections.
    (g)  The Secretary of  State  shall  revoke  the  driving
privileges  of  any  person convicted under this Section or a
similar provision of a local ordinance.
    (h)  Every person sentenced under subsection (d) of  this
Section  and  who receives a term of probation or conditional
discharge shall be required to serve a minimum term of either
30 days community service or,  beginning  July  1,  1993,  48
consecutive  hours  of  imprisonment  as  a  condition of the
probation or conditional discharge.  This  mandatory  minimum
term of imprisonment or assignment of community service shall
not be suspended and shall not be subject to reduction by the
court.
    (i)  The  Secretary  of  State may use ignition interlock
device  requirements  when   granting   driving   relief   to
individuals who have been arrested for a second or subsequent
offense  of  this  Section  or a similar provision of a local
ordinance.   The  Secretary  shall  establish  by  rule   and
regulation the procedures for use of the interlock system.
    (j)  In  addition to any other penalties and liabilities,
a person who is found guilty of or pleads guilty to violating
this  Section,  including  any   person   placed   on   court
supervision  for violating this Section, shall be fined $100,
payable to the circuit clerk, who shall distribute the  money
to  the  law enforcement agency that made the arrest.  If the
person  has  been  previously  convicted  of  violating  this
Section or a similar provision of a local ordinance, the fine
shall be $200.  In the event that more  than  one  agency  is
responsible  for the arrest, the $100 or $200 shall be shared
equally.  Any moneys received by  a  law  enforcement  agency
under  this  subsection  (j)  shall  be  used to purchase law
enforcement equipment that will assist in the  prevention  of
alcohol related criminal violence throughout the State.  This
shall  include,  but is not limited to, in-car video cameras,
radar and laser speed detection devices, and  alcohol  breath
testers.  Any  moneys  received  by  the  Department of State
Police under this subsection (j) shall be deposited into  the
State  Police  DUI  Fund  and  shall  be used to purchase law
enforcement equipment that will assist in the  prevention  of
alcohol related criminal violence throughout the State.
(Source: P.A.  90-43,  eff.  7-2-97;  90-400,  eff.  8-15-97;
90-611,  eff.  1-1-99;  90-655,  eff.  7-30-98;  90-738, eff.
1-1-99; 90-779, eff. 1-1-99; 91-126,  eff.  7-16-99;  91-357,
eff. 7-29-99; 91-692, eff. 4-13-00; 91-822, eff. 6-13-00.)

    (625 ILCS 5/16-104b)
    Sec.   16-104b.  Amounts   for  Trauma  Center  Fund.  In
counties that have elected not to distribute moneys under the
disbursement formulas in Sections 27.5 and 27.6 of the Clerks
of  Courts  Act,  the  Circuit  Clerk  of  the  County,  when
collecting fees, fines,  costs,  additional  penalties,  bail
balances  assessed or forfeited, and any other amount imposed
upon a conviction  of  or  an  order  of  supervision  for  a
violation  of  laws  or ordinances regulating the movement of
traffic that amounts to $55 or more, shall remit  $5  of  the
total  amount collected, less 2 1/2% of the $5 to help defray
the administrative costs incurred by the Clerk,  except  that
upon  a  conviction or order of supervision for driving under
the influence of alcohol or drugs the Clerk shall remit  $105
$30 of the total amount collected ($5 for a traffic violation
that amounts to $55 or more and an additional fee of $100 $25
to  be  collected  by  the  Circuit Clerk for a conviction or
order of supervision  for  driving  under  the  influence  of
alcohol  or  drugs),  less  the 2 1/2%, within 60 days to the
State Treasurer to be deposited into the Trauma Center  Fund.
Of  the  amounts  deposited into the Trauma Center Fund under
this Section, 50% shall be disbursed  to  the  Department  of
Public Health and 50% shall be disbursed to the Department of
Public  Aid.  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  Section  during  the
preceding calendar year.
(Source: P.A. 88-667, eff. 9-16-94; 89-105, eff. 1-1-96.)

    Section 15.  The Clerks  of  Courts  Act  is  amended  by
changing Section 27.6 as follows:

    (705 ILCS 105/27.6)
    Sec.   27.6.  (a)  All  fees,  fines,  costs,  additional
penalties, bail balances assessed or forfeited, and any other
amount paid by a person to the  circuit  clerk  equalling  an
amount  of $55 or more, except the additional fee required by
subsections (b) and (c), restitution under Section  5-5-6  of
the  Unified Code of Corrections, reimbursement for the costs
of an emergency response as provided under Section  5-5-3  of
the  Unified  Code  of  Corrections,  any  fees collected for
attending a traffic safety program  under  paragraph  (c)  of
Supreme  Court  Rule  529,  any  fee collected on behalf of a
State's Attorney under Section 4-2002 of the Counties Code or
a sheriff under Section 4-5001 of the Counties Code,  or  any
cost  imposed  under  Section  124A-5 of the Code of Criminal
Procedure of 1963, for convictions, orders of supervision, or
any other disposition for a violation of Chapters  3,  4,  6,
11,  and  12  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  disbursed  within  60  days  after
receipt  by  the  circuit  clerk  as follows:  44.5% shall be
disbursed to the entity authorized by law to receive the fine
imposed in the case; 16.825% shall be disbursed to the  State
Treasurer;  and  38.675%  shall  be disbursed to the county's
general corporate fund. Of the 16.825% disbursed to the State
Treasurer, 2/17 shall be deposited  by  the  State  Treasurer
into  the  Violent  Crime  Victims  Assistance Fund, 5.052/17
shall be deposited into the Traffic and  Criminal  Conviction
Surcharge  Fund,  3/17  shall  be  deposited into the Drivers
Education Fund, and 6.948/17  shall  be  deposited  into  the
Trauma Center Fund. Of the 6.948/17 deposited into the Trauma
Center   Fund   from  the  16.825%  disbursed  to  the  State
Treasurer, 50% shall be disbursed to the Department of Public
Health and 50% shall be disbursed to the Department of Public
Aid. For fiscal year 1993, amounts deposited into the Violent
Crime Victims  Assistance  Fund,  the  Traffic  and  Criminal
Conviction  Surcharge  Fund,  or  the  Drivers Education Fund
shall not exceed 110% of the  amounts  deposited  into  those
funds  in fiscal year 1991.  Any amount that exceeds the 110%
limit  shall  be  distributed  as  follows:   50%  shall   be
disbursed  to  the  county's  general  corporate fund and 50%
shall be disbursed to the entity authorized by law to receive
the fine imposed in the case. 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 Section
during the preceding year based upon independent verification
of fines and fees.  All counties shall  be  subject  to  this
Section,   except  that  counties  with  a  population  under
2,000,000 may, by ordinance, elect not to be subject to  this
Section.   For offenses subject to this Section, judges shall
impose one total sum of money payable  for  violations.   The
circuit  clerk  may  add  on no additional amounts except for
amounts that are required by Sections 27.3a and 27.3c of this
Act, unless those amounts  are  specifically  waived  by  the
judge.   With respect to money collected by the circuit clerk
as a result of forfeiture  of  bail,  ex  parte  judgment  or
guilty  plea  pursuant to Supreme Court Rule 529, the circuit
clerk shall first deduct and pay amounts required by Sections
27.3a and 27.3c of this Act. This Section  is  a  denial  and
limitation of home rule powers and functions under subsection
(h) of Section 6 of Article VII of the Illinois Constitution.
    (b)  In  addition  to  any  other  fines  and court costs
assessed by the courts, any person convicted or receiving  an
order  of  supervision  for  driving  under  the influence of
alcohol or drugs shall pay an additional fee of $100  $25  to
the  clerk  of  the  circuit court.  This amount, 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 $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 during the
preceding calendar year.
    (b-1)  In addition to any other  fines  and  court  costs
assessed  by the courts, any person convicted or receiving an
order of supervision  for  driving  under  the  influence  of
alcohol  or  drugs  shall  pay an additional fee of $5 to the
clerk of the circuit court.  This amount, 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  during
the preceding calendar year.
    (c)  In  addition  to  any  other  fines  and court costs
assessed by the courts, any person convicted for a  violation
of Sections 24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of
1961  or  a  person sentenced for a violation of the Cannabis
Control Act or the Controlled  Substance  Act  shall  pay  an
additional  fee  of  $100  to the clerk of the circuit court.
This amount, 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
during the preceding calendar year.
    (c-1)  In addition to any other  fines  and  court  costs
assessed  by the courts, any person sentenced for a violation
of the  Cannabis  Control  Act  or  the  Illinois  Controlled
Substances Act shall pay an additional fee of $5 to the clerk
of the circuit court.  This amount, 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  during
the preceding calendar year.
(Source:  P.A.  89-105,  eff.  1-1-96;  89-234,  eff. 1-1-96;
89-516, eff. 7-18-96; 89-626, eff. 8-9-96.)

    Section 20.  The Unified Code of Corrections  is  amended
by changing Sections 5-9-1 and 5-9-1.1 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  $5 for each $40, or
fraction thereof, of fine imposed. The additional penalty  of
$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  $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 $100 $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.
    (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.
    (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;  90-130,  eff.  1-1-98;
90-384, eff. 1-1-98; 90-655, eff. 7-30-98.)

    (730 ILCS 5/5-9-1.1) (from Ch. 38, par. 1005-9-1.1)
    Sec. 5-9-1.1.  Drug related offenses.
    (a)  When  a  person  has  been adjudged guilty of a drug
related offense involving possession or delivery of  cannabis
or  possession  or  delivery  of  a  controlled  substance as
defined in the Cannabis  Control  Act,  as  amended,  or  the
Illinois  Controlled  Substances Act, as amended, in addition
to any other penalty imposed, a fine shall be levied  by  the
court  at not less than the full street value of the cannabis
or controlled substances seized.
    "Street value" shall be determined by the  court  on  the
basis  of  testimony  of  law  enforcement  personnel and the
defendant as to the amount seized and such testimony  as  may
be  required  by  the court as to the current street value of
the cannabis or controlled substance seized.
    (b)  In addition to any penalty imposed under  subsection
(a)  of  this  Section, a fine of $100 shall be levied by the
court, the proceeds  of  which  shall  be  collected  by  the
Circuit  Clerk  and  remitted  to  the  State Treasurer under
Section 27.6 of the Clerks of Courts Act for deposit into the
Trauma Center Fund for distribution as provided under Section
3.225 of the Emergency Medical Services (EMS) Systems Act.
    (c)  In addition to any penalty imposed under  subsection
(a)  of  this  Section,  a fee of $5 shall be assessed by the
court, the proceeds  of  which  shall  be  collected  by  the
Circuit  Clerk  and  remitted  to  the  State Treasurer under
Section 27.6 of the Clerks of Courts Act 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.
(Source: P.A. 89-516, eff. 7-18-96.)
    Passed in the General Assembly May 22, 2001.
    Approved August 17, 2001.

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