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92nd General Assembly

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Public Act 92-0601

HB5794 Enrolled                                LRB9216073RCcd

    AN ACT in relation to 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 5-9-1.2 as follows:

    (730 ILCS 5/5-9-1.2) (from Ch. 38, par. 1005-9-1.2)
    Sec. 5-9-1.2.  (a) Twelve and  one-half  percent  of  all
amounts  collected as fines pursuant to Section 5-9-1.1 shall
be paid into the Youth Drug Abuse Prevention Fund,  which  is
hereby  created  in  the  State  treasury,  to be used by the
Department of Human Services for the funding of programs  and
services   for   drug-abuse  treatment,  and  prevention  and
education services, for juveniles.
    (b)  Eighty-seven and one-half percent of the proceeds of
all fines received  pursuant  to  Section  5-9-1.1  shall  be
transmitted to and deposited in the treasurer's office at the
level of government as follows:
         (1)  If  such  seizure  was made by a combination of
    law enforcement personnel representing differing units of
    local  government,  the  court  levying  the  fine  shall
    equitably allocate 50% of the fine among these  units  of
    local government and shall allocate 37 1/2% to the county
    general corporate fund. In the event that the seizure was
    made  by law enforcement personnel representing a unit of
    local government from a municipality where the number  of
    inhabitants  exceeds  2  million in population, the court
    levying the fine shall allocate 87 1/2% of  the  fine  to
    that  unit  of local government.  If the seizure was made
    by   a   combination   of   law   enforcement   personnel
    representing differing units of local government, and  at
    least  one of those units represents a municipality where
    the  number  of  inhabitants   exceeds   2   million   in
    population, the court shall equitably allocate 87 1/2% of
    the  proceeds  of  the fines received among the differing
    units of local government.
         (2)  If  such  seizure  was  made   by   State   law
    enforcement  personnel,  then the court shall allocate 37
    1/2% to the State treasury and 50% to the county  general
    corporate fund.
         (3)  If   a   State   law   enforcement   agency  in
    combination with a law enforcement agency or agencies  of
    a  unit  or  units  of  local  government  conducted  the
    seizure,  the  court  shall equitably allocate 37 1/2% of
    the fines to or  among  the  law  enforcement  agency  or
    agencies  of  the unit or units of local government which
    conducted the seizure  and  shall  allocate  50%  to  the
    county general corporate fund.
    (c)  The  proceeds  of  all  fines  allocated  to the law
enforcement agency or agencies of the unit or units of  local
government pursuant to subsection (b) shall be made available
to that law enforcement agency as expendable receipts for use
in  the  enforcement of laws regulating controlled substances
and cannabis.  The proceeds of fines  awarded  to  the  State
treasury  shall  be  deposited in a special fund known as the
Drug Traffic Prevention Fund. Monies from this  fund  may  be
used  by  the  Department  of  State  Police  for  use in the
enforcement of  laws  regulating  controlled  substances  and
cannabis;    to    satisfy    funding   provisions   of   the
Intergovernmental Drug Laws Enforcement Act;  and  to  defray
costs and expenses associated with returning violators of the
Cannabis  Control  Act and the Illinois Controlled Substances
Act only, as provided in those Acts, when punishment  of  the
crime   shall   be   confinement   of  the  criminal  in  the
penitentiary.  Moneys in the  Drug  Traffic  Prevention  Fund
deposited   from   fines   awarded  as  a  direct  result  of
enforcement efforts of the Illinois Conservation  Police  may
be  used by the Department of Natural Resources Office of Law
Enforcement for use in enforcing laws  regulating  controlled
substances  and  cannabis  on Department of Natural Resources
regulated lands and waterways.; and All other monies shall be
paid into the general revenue fund in the State treasury.
(Source: P.A. 89-507, eff. 7-1-97.)

    Section 99.  Effective date.  This Act takes effect  July
1, 2002.
    Passed in the General Assembly May 30, 2002.
    Approved June 28, 2002.
    Effective July 01, 2002.

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