|
| | 10000HB2591ham001 | - 2 - | LRB100 06972 MRW 22771 a |
|
|
1 | | indictment, information, or complaint when the indictment, |
2 | | information, or complaint alleges the commission of more than |
3 | | one offense. |
4 | | "Conservation offense" means any violation of the |
5 | | following Acts, Codes, or ordinances, except any offense |
6 | | punishable upon conviction by imprisonment in the |
7 | | penitentiary: |
8 | | (1) Fish and Aquatic Life Code; |
9 | | (2) Wildlife Code; |
10 | | (3) Boat Registration and Safety Act; |
11 | | (4) Park District Code; |
12 | | (5) Chicago Park District Act; |
13 | | (6) State Parks Act; |
14 | | (7) State Forest Act; |
15 | | (8) Forest Fire Protection District Act; |
16 | | (9) Snowmobile Registration and Safety Act; |
17 | | (10) Endangered Species Protection Act; |
18 | | (11) Forest Products Transportation Act; |
19 | | (12) Timber Buyers Licensing Act; |
20 | | (13) Downstate Forest Preserve District Act; |
21 | | (14) Exotic Weed Act; |
22 | | (15) Ginseng Harvesting Act; |
23 | | (16) Cave Protection Act; |
24 | | (17) ordinances adopted under the Counties Code for the |
25 | | acquisition of property for parks or recreational areas; |
26 | | (18) Recreational Trails of Illinois Act; |
|
| | 10000HB2591ham001 | - 3 - | LRB100 06972 MRW 22771 a |
|
|
1 | | (19) Herptiles-Herps Act; or |
2 | | (20) any rule, regulation, proclamation, or ordinance |
3 | | adopted under any Code or Act named in paragraphs (1) |
4 | | through 19 of this definition. |
5 | | "Conviction" means a judgment of conviction or sentence |
6 | | entered upon a plea of guilty or upon a verdict or finding of |
7 | | guilty of an offense, rendered by a legally constituted jury or |
8 | | by a court of competent jurisdiction authorized to try the case |
9 | | without a jury. |
10 | | "Drug offense" means any violation of the Cannabis Control |
11 | | Act, the Illinois Controlled Substances Act, the |
12 | | Methamphetamine Control and Community Protection Act, or any |
13 | | similar local ordinance which involves the possession or |
14 | | delivery of a drug.
|
15 | | "Drug-related emergency response" means the act of |
16 | | collecting evidence from or securing a site where controlled |
17 | | substances were manufactured, or where by-products from the |
18 | | manufacture of controlled substances are present, and cleaning |
19 | | up the site, whether these actions are performed by public |
20 | | entities or private contractors paid by public entities. |
21 | | "Electronic citation" means the process of transmitting |
22 | | traffic, misdemeanor, municipal ordinance, conservation, or |
23 | | other citations and law enforcement data via electronic means |
24 | | to a circuit court clerk. |
25 | | "Emergency response" means any incident requiring a |
26 | | response by a police officer, an ambulance, a firefighter |
|
| | 10000HB2591ham001 | - 4 - | LRB100 06972 MRW 22771 a |
|
|
1 | | carried on the rolls of a regularly constituted fire department |
2 | | or fire protection district, a firefighter of a volunteer fire |
3 | | department, or a member of a recognized not-for-profit rescue |
4 | | or emergency medical service provider. "Emergency response" |
5 | | does not include a drug-related emergency response. |
6 | | "Felony offense" means an offense for which a sentence to |
7 | | death or to a term of imprisonment in a penitentiary for one |
8 | | year or more is provided. |
9 | | "Highest classified offense" means the offense in the case |
10 | | which carries the most severe potential disposition under |
11 | | Article 4.5 of the Unified Code of Corrections. |
12 | | "Major traffic offense" means a traffic offense under the |
13 | | Illinois Vehicle Code or a similar provision of a local |
14 | | ordinance other than a petty offense or business offense. |
15 | | "Minor traffic offense" means a petty
offense or business |
16 | | offense under the Illinois Vehicle Code or a similar provision |
17 | | of a local ordinance. |
18 | | "Misdemeanor offense" means any offense for which a |
19 | | sentence to a term of imprisonment in other than a penitentiary |
20 | | for less than one year may be imposed. |
21 | | "Petty offense" means any offense for which a sentence of |
22 | | imprisonment is not an authorized disposition.
|
23 | | "Service provider costs" means costs incurred as a result |
24 | | of services provided by an entity including, but not limited |
25 | | to, traffic safety programs, laboratories, ambulance |
26 | | companies, and fire departments. "Service provider costs" |
|
| | 10000HB2591ham001 | - 5 - | LRB100 06972 MRW 22771 a |
|
|
1 | | includes conditional amounts under this Act that are |
2 | | reimbursements for services provided. |
3 | | "Street value" means the amount determined by the court on |
4 | | the basis of testimony
of law enforcement personnel and the |
5 | | defendant as to the amount of drug or materials seized and
any |
6 | | testimony as may be required by the court as to the current |
7 | | street
value of the cannabis, controlled substance, |
8 | | methamphetamine or salt of an optical isomer of |
9 | | methamphetamine, or methamphetamine manufacturing materials |
10 | | seized. |
11 | | "Supervision" means a disposition of conditional and |
12 | | revocable release without probationary supervision, but under |
13 | | the conditions and reporting requirements as are imposed by the |
14 | | court, at the successful conclusion of which disposition the |
15 | | defendant is discharged and a judgment dismissing the charges |
16 | | is entered. |
17 | | Section 1-10. Minimum fine.
Unless otherwise specified by |
18 | | law, the minimum fine for a conviction is $25. If the court |
19 | | finds that the fine would impose an undue burden on the victim, |
20 | | the court may reduce or waive the fine.
|
21 | | Section 1-15. Schedules; payment.
|
22 | | (a) In each case, the court shall order an assessment, as |
23 | | set forth in this Act, for a defendant to pay in addition to |
24 | | any fine, restitution, or forfeiture ordered by the court when |
|
| | 10000HB2591ham001 | - 6 - | LRB100 06972 MRW 22771 a |
|
|
1 | | the defendant is convicted of, pleads guilty to, or is placed |
2 | | on court supervision for a violation of a statute of this State |
3 | | or a similar local ordinance. The court may order a fine, |
4 | | restitution, or forfeiture on any conviction that is being |
5 | | sentenced but shall order only one assessment from the Schedule |
6 | | of Assessments 1 through 13 of this Act for all convictions in |
7 | | a case, that being the schedule applicable to the highest |
8 | | classified offense conviction that is being sentenced, plus any |
9 | | conditional assessments under Section 2-70 applicable to any |
10 | | conviction in the case. |
11 | | (b) If the court finds that the schedule of assessments |
12 | | will cause an undue burden on any victim in a case or if the |
13 | | court orders community service or some other punishment in |
14 | | place of the a schedule of assessments, the court may reduce |
15 | | the amount set forth in the applicable schedule of assessments |
16 | | or not order the applicable schedule of assessments. If the |
17 | | court reduces the amount set forth in the applicable schedule |
18 | | of assessments, then all recipients of the funds collected will |
19 | | receive a prorated amount to reflect the reduction. |
20 | | (c) The court may order the assessments to be paid |
21 | | forthwith or within a specified period of time or in |
22 | | installments. |
23 | | (d) Except as provided in Section 1-20 of this Act, the |
24 | | defendant shall pay to the clerk of the court and the clerk |
25 | | shall remit the assessment to the appropriate entity as set |
26 | | forth in the ordered schedule of assessments within one month |
|
| | 10000HB2591ham001 | - 7 - | LRB100 06972 MRW 22771 a |
|
|
1 | | of its receipt. |
2 | | Section 1-20. Service provider costs.
Unless otherwise |
3 | | provided in Article II of this Act, the defendant shall pay |
4 | | service provider costs to the entity that provided the service. |
5 | | Service provider costs are not eligible for credit for time |
6 | | served, substitution of community service, or waiver. The |
7 | | circuit court may, through administrative order or local rule, |
8 | | appoint the clerk of the court as the receiver and remitter of |
9 | | certain service provider costs, which may include, but are not |
10 | | limited to, probation fees, traffic school fees, or drug or |
11 | | alcohol testing fees. |
12 | | Section 1-25. Credit for time served.
Any credit for time |
13 | | served prior to sentencing that reduces the amount a defendant |
14 | | is required to pay shall be deducted first from the fine, if |
15 | | any, ordered by the court. Any remainder of the credit shall be |
16 | | equally divided between the assessments indicated in the |
17 | | ordered schedule and conditional assessments. |
18 | | Section 1-30. Funds.
|
19 | | (a) All money collected by the Clerk of the Circuit Court |
20 | | under Article II of this Act shall be remitted as directed in |
21 | | Article II of this Act to the county treasurer, to the State |
22 | | Treasurer, and to the treasurers of the units of local |
23 | | government. If an amount payable to any of the treasurers is |
|
| | 10000HB2591ham001 | - 8 - | LRB100 06972 MRW 22771 a |
|
|
1 | | less than $10, the clerk may postpone remitting the money until |
2 | | $10 has accrued or by the end of fiscal year. The treasurers |
3 | | shall deposit the money as indicated in the schedules. For |
4 | | Schedule of Assessments 5 through 11, $15 shall be deducted |
5 | | from the money paid to the county treasurer for the county |
6 | | General Fund and remitted to the treasurer of the unit of local |
7 | | government if the violation was prosecuted by the prosecuting |
8 | | attorney for that unit of local government. |
9 | | (a-5) Partial payments received by the Clerk of the Court |
10 | | shall be prorated among all funds defined in the ordered |
11 | | schedule of assessments. |
12 | | (b) The county treasurer or the treasurer of the unit of |
13 | | local government may create the funds indicated in paragraphs |
14 | | (1) through (5) of subsection (d) of this Section, if not |
15 | | already in existence. If a county or unit of local government |
16 | | has not instituted, and does not plan to institute a program |
17 | | that uses a particular fund, the treasurer need not create the |
18 | | fund and may instead deposit the money intended for the fund |
19 | | into the general fund of the county or unit of local government |
20 | | for use in financing the court system. |
21 | | (c) If the arresting agency is a State agency, the |
22 | | arresting agency portion shall be remitted by the clerk of |
23 | | court to the State Treasurer who shall deposit the portion as |
24 | | follows: |
25 | | (1) if the arresting agency is the Department of State |
26 | | Police, into the State Police Operations Assistance Fund; |
|
| | 10000HB2591ham001 | - 9 - | LRB100 06972 MRW 22771 a |
|
|
1 | | (2) if the arresting agency is the Department of |
2 | | Natural Resources, into the Conservation Police Operations |
3 | | Assistance Fund; |
4 | | (3) if the arresting agency is the Secretary of State, |
5 | | into the Secretary of State Police Services Fund; and |
6 | | (4) if the arresting agency is the Illinois Commerce |
7 | | Commission, into the Public Utility Fund.
|
8 | | (d) Fund descriptions and provisions: |
9 | | (1) The Court Automation Fund is to defray the expense, |
10 | | borne by the county, of establishing and maintaining |
11 | | automated record keeping systems in the Office of the Clerk |
12 | | of the Circuit Court. The money shall be remitted monthly |
13 | | by the clerk to the county treasurer and identified as |
14 | | funds for the Circuit Court Clerk. The fund shall be |
15 | | audited by the county auditor, and the board shall make |
16 | | expenditures from the fund in payment of any costs related |
17 | | to the automation of court records including hardware, |
18 | | software, research and development costs, provided that |
19 | | the expenditure is approved by the clerk of the court and |
20 | | by the chief judge of the circuit court or his or her |
21 | | designee. |
22 | | (2) The Document Storage Fund is to defray the expense, |
23 | | borne by the county, of establishing and maintaining a |
24 | | document storage system and convert the records of the |
25 | | circuit court clerk to electronic or micrographic storage. |
26 | | The money shall be remitted monthly by the clerk to the |
|
| | 10000HB2591ham001 | - 10 - | LRB100 06972 MRW 22771 a |
|
|
1 | | county treasurer and identified as funds for the circuit |
2 | | court clerk. The fund shall be audited by the county |
3 | | auditor, and the board shall make expenditure from the fund |
4 | | in payment of any cost related to the storage of court |
5 | | records, including hardware, software, research and |
6 | | development costs, provided that the expenditure is |
7 | | approved by the clerk of the court. |
8 | | (3) The Circuit Clerk Operations and Administration |
9 | | Fund is to defray the expenses incurred for collection and |
10 | | disbursement of the various assessment schedules. The |
11 | | money shall be remitted monthly by the clerk to the county |
12 | | treasurer and identified as funds for the circuit court |
13 | | clerk. |
14 | | (4) The State's Attorney Records Automation Fund is to |
15 | | defray the expense of establishing and maintaining |
16 | | automated record keeping systems in the offices of the |
17 | | State's Attorney. The money shall be remitted monthly by |
18 | | the clerk to the county treasurer for deposit into the |
19 | | State's Attorney Records Automation Fund. Expenditures |
20 | | from this fund may be made by the State's Attorney for |
21 | | hardware, software, and research and development related |
22 | | to automated record keeping systems. |
23 | | (5) The Public Defender Records Automation Fund is to |
24 | | defray the expense of establishing and maintaining |
25 | | automated record keeping systems in the offices of the |
26 | | Public Defender. The money shall be remitted monthly by the |
|
| | 10000HB2591ham001 | - 11 - | LRB100 06972 MRW 22771 a |
|
|
1 | | clerk to the county treasurer for deposit into the Public |
2 | | Defender Records Automation Fund. Expenditures from this |
3 | | fund may be made by the Public Defender for hardware, |
4 | | software, and research and development related to |
5 | | automated record keeping systems. |
6 | | (6) The DUI Fund shall be used for enforcement and |
7 | | prevention of driving while under the influence of alcohol, |
8 | | other drug or drugs, intoxicating compound or compounds or |
9 | | any combination thereof, as defined by Section 11-501 of |
10 | | the Illinois Vehicle Code, including, but not limited to, |
11 | | the purchase of law enforcement equipment and commodities |
12 | | that will assist in the prevention of alcohol-related |
13 | | criminal violence throughout the State; police officer |
14 | | training and education in areas related to alcohol related |
15 | | crime, including, but not limited to, DUI training; and |
16 | | police officer salaries, including, but not limited to, |
17 | | salaries for hire back funding for safety checkpoints, |
18 | | saturation patrols, and liquor store sting operations.
Any |
19 | | moneys received by the Department of State Police may be |
20 | | deposited into the State Police Operations Assistance Fund |
21 | | and shall be used to purchase law enforcement equipment |
22 | | that will assist in the prevention of alcohol related |
23 | | criminal violence throughout the State. The money shall be |
24 | | remitted monthly by the clerk to the State or local |
25 | | treasurer for deposit as provided by law. |
26 | | (7) The Trauma Center Fund shall be distributed as |
|
| | 10000HB2591ham001 | - 12 - | LRB100 06972 MRW 22771 a |
|
|
1 | | provided under Section 3.225 of the Emergency Medical |
2 | | Services (EMS) Systems Act. The money shall be remitted |
3 | | monthly by the clerk to the State Treasurer for deposit |
4 | | into the Trauma Center Fund. |
5 | | (8) The Probation and Court Services Fund is to be |
6 | | expended as described in Section 15.1 of the Probation and |
7 | | Probation Officers Act. The money shall be remitted monthly |
8 | | by the clerk to the county treasurer for deposit into the |
9 | | Probation and Court Services Fund. |
10 | | (9) The Circuit Court Clerk Electronic Citation Fund |
11 | | shall have the Circuit Court Clerk as the custodian, ex |
12 | | officio, of the Fund and shall be used to perform the |
13 | | duties required by the office for establishing and |
14 | | maintaining electronic citations. The Fund shall be |
15 | | audited by the county's auditor. |
16 | | (10) The Drug Treatment Fund is a special fund in the |
17 | | State treasury. Expenditure of moneys in the Fund shall as |
18 | | provided in Section 411.2 of the Illinois Controlled |
19 | | Substances Act. |
20 | | (11) The Violent Crime Victims Assistance Fund is a |
21 | | special fund in the State treasury to provide moneys for |
22 | | the grants to be awarded under the Violent Crime Victims |
23 | | Assistance Act. The clerk of the circuit court shall remit |
24 | | moneys collected under this Act within one month after |
25 | | receipt to the State Treasurer for deposit into this fund. |
26 | | (12) The Criminal Justice Information Projects Fund |
|
| | 10000HB2591ham001 | - 13 - | LRB100 06972 MRW 22771 a |
|
|
1 | | shall be appropriated to and administered by the Illinois |
2 | | Criminal Justice Information Authority for funding of drug |
3 | | task forces and Metropolitan Enforcement Groups. |
4 | | (13) The Sexual Assault Services Fund shall be |
5 | | appropriated to the Department of Public Health. Upon |
6 | | appropriation of moneys from the Sexual Assault Services |
7 | | Fund, the Department of Public Health shall make grants of |
8 | | these moneys to sexual assault organizations with whom the |
9 | | Department has contracts for the purpose of providing |
10 | | community-based services to victims of sexual assault. |
11 | | Grants are in addition to, and are not substitutes for, |
12 | | other grants authorized and made by the Department. |
13 | | (14) The County Jail Medical Costs Fund is to help |
14 | | defray the costs outlined in Section 17 of the County Jail |
15 | | Act. Moneys in the Fund shall be used solely for |
16 | | reimbursement to the county of costs for medical expenses |
17 | | and administration of the Fund. |
18 | | Article II. Assessment Schedules |
19 | | Section 2-5. SCHEDULE 1; generic felony offenses.
SCHEDULE |
20 | | 1: Unless assessments are imposed by the court under another |
21 | | schedule of this Act, for a felony offense, the Clerk of the |
22 | | Circuit Court shall collect $454 and remit as follows: |
23 | | (1)
As the county's portion, $304 to the county treasurer, |
24 | | who shall deposit the money as follows: |
|
| | 10000HB2591ham001 | - 14 - | LRB100 06972 MRW 22771 a |
|
|
1 | | (A) $20 into the Court Automation Fund; |
2 | | (B) $20 into the Court Document Storage Fund; |
3 | | (C) $5 into the Circuit Court Clerk Operation and |
4 | | Administrative Fund; |
5 | | (D) $225 into the county's General Fund; |
6 | | (E)
$10 into the Child Advocacy Center Fund; |
7 | | (F) $2 into the State's Attorney Records Automation |
8 | | Fund; |
9 | | (G)
$2 into the Public Defender Records Automation |
10 | | Fund; |
11 | | (H) $10 into the County Jail Medical Costs Fund;
and |
12 | | (I) $10 into the Probation and Court Services Fund. |
13 | | (2) As the State's portion, $150 to the State Treasurer, |
14 | | who shall deposit the money as follows: |
15 | | (A) $40 into the State Police Operations Assistance |
16 | | Fund; |
17 | | (B) $100 into the Violent Crime Victims Assistance |
18 | | Fund; and |
19 | | (C) $10 into the State Police Merit Board Public Safety |
20 | | Fund. |
21 | | Section 2-10. SCHEDULE 2; felony DUI offenses. SCHEDULE 2: |
22 | | For a felony under Section 11-501 of the Illinois Vehicle Code, |
23 | | Section 5-7 of the Snowmobile Registration and Safety Act, |
24 | | Section 5-16 of the Boat Registration and Safety Act, or a |
25 | | similar provision of a local ordinance, the Clerk of the |
|
| | 10000HB2591ham001 | - 15 - | LRB100 06972 MRW 22771 a |
|
|
1 | | Circuit Court shall collect $1,609 and remit as follows: |
2 | | (1)
As the county's portion, $304 to the county treasurer, |
3 | | who shall deposit the money as follows: |
4 | | (A) $20 into the Court Automation Fund; |
5 | | (B) $20 into the Court Document Storage Fund; |
6 | | (C) $5 into the Circuit Court Clerk Operation and |
7 | | Administrative Fund; |
8 | | (D) $225 into the county's General Fund; |
9 | | (E)
$10 into the Child Advocacy Center Fund; |
10 | | (F)
$2 into the State's Attorney Records Automation |
11 | | Fund; |
12 | | (G)
$2 into the Public Defender Records Automation |
13 | | Fund; |
14 | | (H) $10 into the County Jail Medical Costs Fund; and |
15 | | (I)
$10 into the Probation and Court Services Fund. |
16 | | (2) As the State's portion, $1,105 to the State Treasurer, |
17 | | who shall deposit the money as follows: |
18 | | (A) $840 into the State Police Operations Assistance |
19 | | Fund; |
20 | | (B)
$100 into the Violent Crime Victims Assistance |
21 | | Fund; |
22 | | (C)
$50 into the Drivers Education Fund; |
23 | | (D)
$100 into the Trauma Center Fund; |
24 | | (E)
$5 into the Spinal Cord Injury Paralysis Cure |
25 | | Research Trust Fund; and |
26 | | (F) $10 into the State Police Merit Board Public Safety |
|
| | 10000HB2591ham001 | - 16 - | LRB100 06972 MRW 22771 a |
|
|
1 | | Fund. |
2 | | (3)
As the arresting agency's portion, $200 to the |
3 | | treasurer of the unit of local government of the arresting |
4 | | agency, who shall deposit the money into the DUI Fund of that |
5 | | unit of local government or as provided in subsection (c) of |
6 | | Section 1-30 of this Act if the arresting agency is a State |
7 | | agency, unless more than one agency is responsible for the |
8 | | arrest in which case the amount shall be remitted to each unit |
9 | | of government equally. |
10 | | Section 2-15. SCHEDULE 3; felony drug offenses. SCHEDULE 3: |
11 | | For a felony under the Illinois Controlled Substances Act, the |
12 | | Cannabis Control Act, or the Methamphetamine Control and |
13 | | Community Protection Act, the Clerk of the Circuit Court shall |
14 | | collect $2,124 and remit as follows: |
15 | | (1)
As the county's portion, $304 to the county treasurer, |
16 | | who shall deposit the money as follows: |
17 | | (A) $20 into the Court Automation Fund; |
18 | | (B) $20 into the Court Document Storage Fund; |
19 | | (C) $5 into the Circuit Court Clerk Operation and |
20 | | Administrative Fund; |
21 | | (D) $225 into the county's General Fund; |
22 | | (E)
$10 into the Child Advocacy Center Fund; |
23 | | (F)
$2 into the State's Attorney Records Automation |
24 | | Fund; |
25 | | (G)
$2 into the Public Defender Records Automation |
|
| | 10000HB2591ham001 | - 17 - | LRB100 06972 MRW 22771 a |
|
|
1 | | Fund; |
2 | | (H) $10 into the County Jail Medical Costs Fund; and |
3 | | (I)
$10 into the Probation and Court Services Fund. |
4 | | (2) As the State's portion, $1,820 to the State Treasurer, |
5 | | who shall deposit the money as follows: |
6 | | (A) $40 into the State Police Operations Assistance |
7 | | Fund; |
8 | | (B)
$100 into the Violent Crime Victims Assistance |
9 | | Fund; |
10 | | (C)
$100 into the Trauma Center Fund; and |
11 | | (D)
$5 into the Spinal Cord Injury Paralysis Cure |
12 | | Research Trust Fund; |
13 | | (E) $1,500 into the Drug Treatment Fund; |
14 | | (F) $10 into the State Police Merit Board Public Safety |
15 | | Fund; |
16 | | (G) $38 into the Prescription Pill and Drug Disposal |
17 | | Fund; and |
18 | | (H) $27 into the Criminal Justice Information Projects |
19 | | Fund. |
20 | | Section 2-20. SCHEDULE 4; felony sex offenses. SCHEDULE 4: |
21 | | For a felony or attempted felony under Article 11 or Section |
22 | | 12-33 of the Criminal Code of 2012, the Clerk of the Circuit |
23 | | Court shall collect $1,144 and remit as follows: |
24 | | (1)
As the county's portion, $304 to the county treasurer, |
25 | | who shall deposit the money as follows: |
|
| | 10000HB2591ham001 | - 18 - | LRB100 06972 MRW 22771 a |
|
|
1 | | (A) $20 into the Court Automation Fund; |
2 | | (B) $20 into the Court Document Storage Fund; |
3 | | (C) $5 into the Circuit Court Clerk Operation and |
4 | | Administrative Fund; |
5 | | (D) $225 into the county's General Fund; |
6 | | (E)
$10 into the Child Advocacy Center Fund; |
7 | | (F)
$2 into the State's Attorney Records Automation |
8 | | Fund; |
9 | | (G)
$2 into the Public Defender Records Automation |
10 | | Fund; |
11 | | (H) $10 into the County Jail Medical Costs Fund; and |
12 | | (I)
$10 into the Probation and Court Services Fund. |
13 | | (2)
As the State's portion, $840 to the State Treasurer, |
14 | | who shall deposit the money as follows:
|
15 | | (A)
$530 into the State Police Operations Assistance |
16 | | Fund; |
17 | | (B)
$100 into the Violent Crime Victims Assistance |
18 | | Fund; |
19 | | (C)
$100 into the Sexual Assault Services Fund; |
20 | | (D) $100 into the Domestic Violence Shelter and |
21 | | Services Fund; and |
22 | | (E) $10 into the State Police Merit Board Public Safety |
23 | | Fund. |
24 | | Section 2-25. SCHEDULE 5; generic misdemeanor offenses.
|
25 | | SCHEDULE 5: Unless assessments are imposed under another |
|
| | 10000HB2591ham001 | - 19 - | LRB100 06972 MRW 22771 a |
|
|
1 | | schedule of this Act, for a misdemeanor offense, the Clerk of |
2 | | the Circuit Court shall collect $370 and remit as follows: |
3 | | (1)
As the county's portion, $243 to the county treasurer, |
4 | | who shall deposit the money as follows: |
5 | | (A) $20 into the Court Automation Fund; |
6 | | (B) $20 into the Court Document Storage Fund; |
7 | | (C) $5 into the Circuit Court Clerk Operation and |
8 | | Administrative Fund; |
9 | | (D) $8 into the Circuit Court Clerk Electronic Citation |
10 | | Fund; |
11 | | (E) $160 into the county's General Fund; |
12 | | (F)
$10 into the Child Advocacy Center Fund; |
13 | | (G) $10 into the County Jail Medical Costs Fund; and |
14 | | (H)
$10 into the Probation and Court Services Fund. |
15 | | (2) As the State's portion, $125 to the State Treasurer, |
16 | | who shall deposit the money as follows: |
17 | | (A)
$40 into the State Police Operations Assistance |
18 | | Fund; |
19 | | (B) $10 into the State Police Merit Board Public Safety |
20 | | Fund; and |
21 | | (C)
$75 into the Violent Crime Victims Assistance Fund. |
22 | | (3) As the arresting agency's portion, $2, to the treasurer |
23 | | of the unit of local government of the arresting agency, who |
24 | | shall deposit the money into the E-citation Fund of that unit |
25 | | of local government or as provided in subsection (c) of Section |
26 | | 1-30 of this Act if the arresting agency is a State agency, |
|
| | 10000HB2591ham001 | - 20 - | LRB100 06972 MRW 22771 a |
|
|
1 | | unless more than one agency is responsible for the arrest in |
2 | | which case the amount shall be remitted to each unit of |
3 | | government equally. |
4 | | Section 2-30. SCHEDULE 6; misdemeanor DUI offenses.
|
5 | | SCHEDULE 6: For a misdemeanor under Section 11-501 of the |
6 | | Illinois Vehicle Code, Section 5-7 of the Snowmobile |
7 | | Registration and Safety Act, Section 5-16 of the Boat |
8 | | Registration and Safety Act, or a similar provision of a local |
9 | | ordinance, the Clerk of the Circuit Court shall collect $1,275 |
10 | | and remit as follows: |
11 | | (1)
As the county's portion, $243 to the county treasurer, |
12 | | who shall deposit the money as follows: |
13 | | (A) $20 into the Court Automation Fund; |
14 | | (B) $20 into the Court Document Storage Fund; |
15 | | (C) $5 into the Circuit Court Clerk Operation and |
16 | | Administrative Fund; |
17 | | (D) $8 into the Circuit Court Clerk Electronic Citation |
18 | | Fund; |
19 | | (E) $160 into the county's General Fund; |
20 | | (F)
$10 into the Child Advocacy Center Fund; |
21 | | (G)
$10 into the County Jail Medical Costs Fund; and
|
22 | | (H) $10 into the Probation and Court Services Fund. |
23 | | (2) As the State's portion, $680 to the State Treasurer, |
24 | | who shall deposit the money as follows: |
25 | | (A)
$440 into the State Police Operations Assistance |
|
| | 10000HB2591ham001 | - 21 - | LRB100 06972 MRW 22771 a |
|
|
1 | | Fund; |
2 | | (B) $75 into the Violent Crime Victims Assistance Fund; |
3 | | (C)
$50 into the Drivers Education Fund; |
4 | | (D) $10 into the State Police Merit Board Public Safety |
5 | | Fund; |
6 | | (E)
$100 into the Trauma Center Fund; and |
7 | | (F)
$5 into the Spinal Cord Injury Paralysis Cure |
8 | | Research Trust Fund. |
9 | | (3) As the arresting agency's portion, $352 as follows, |
10 | | unless more than one agency is responsible for the arrest in |
11 | | which case the amount shall be remitted to each unit of |
12 | | government equally: |
13 | | (A) if the arresting agency is a local agency to the |
14 | | treasurer of the unit of local government of the arresting |
15 | | agency, who shall deposit the money as follows: |
16 | | (i)
$2 into the E-citation Fund of the unit of |
17 | | local government; and |
18 | | (ii)
$350 into the DUI Fund of the unit of local |
19 | | government; or |
20 | | (B) as provided in subsection (c) of Section 1-30 of |
21 | | this Act if the arresting agency is a State agency. |
22 | | Section 2-35. SCHEDULE 7; misdemeanor drug offenses.
|
23 | | SCHEDULE 7: For a misdemeanor under the Illinois Controlled |
24 | | Substances Act, the Cannabis Control Act, or the |
25 | | Methamphetamine Control and Community Protection Act, the |
|
| | 10000HB2591ham001 | - 22 - | LRB100 06972 MRW 22771 a |
|
|
1 | | Clerk of the Circuit Court shall collect $840 and remit as |
2 | | follows: |
3 | | (1)
As the county's portion, $243 to the county treasurer, |
4 | | who shall deposit the money as follows:
|
5 | | (A) $20 into the Court Automation Fund; |
6 | | (B) $20 into the Court Document Storage Fund; |
7 | | (C) $5 into the Circuit Court Clerk Operation and |
8 | | Administrative Fund; |
9 | | (D) $8 into the Circuit Court Clerk Electronic Citation |
10 | | Fund; |
11 | | (E) $160 into the county's General Fund; |
12 | | (F)
$10 into the Child Advocacy Center Fund; |
13 | | (G)
$10 into the County Jail Medical Costs Fund; and
|
14 | | (H) $10 into the Probation and Court Services Fund. |
15 | | (2)
As the State's portion, $595 to the State Treasurer, |
16 | | who shall deposit the money as follows: |
17 | | (A) $40 into the State Police Operations Assistance |
18 | | Fund; |
19 | | (B)
$75 into the Violent Crime Victims Assistance Fund; |
20 | | (C)
$100 into the Trauma Center Fund; |
21 | | (D)
$5 into the Spinal Cord Injury Paralysis Cure |
22 | | Research Trust Fund; |
23 | | (E)
$300 into the Drug Treatment Fund; |
24 | | (F)
$38 into the Prescription Pill and Drug Disposal |
25 | | Fund; |
26 | | (G)
$27 into the Criminal Justice Information Projects |
|
| | 10000HB2591ham001 | - 23 - | LRB100 06972 MRW 22771 a |
|
|
1 | | Fund; and |
2 | | (H) $10 into the State Police Merit Board Public Safety |
3 | | Fund. |
4 | | (3)
As the arresting agency's portion, $2, to the treasurer |
5 | | of the unit of local government of the arresting agency, who |
6 | | shall deposit the money into the E-citation Fund of that unit |
7 | | of local government or as provided in subsection (c) of Section |
8 | | 1-30 of this Act if the arresting agency is a State agency, |
9 | | unless more than one agency is responsible for the arrest in |
10 | | which case the amount shall be remitted to each unit of |
11 | | government equally. |
12 | | Section 2-40. SCHEDULE 8; misdemeanor sex offenses.
|
13 | | SCHEDULE 8: For a misdemeanor or attempted misdemeanor under |
14 | | Article 11 of the Criminal Code of 2012, the Clerk of the |
15 | | Circuit Court shall collect $1,060 and remit as follows: |
16 | | (1)
As the county's portion, $243 to the county treasurer, |
17 | | who shall deposit the money as follows: |
18 | | (A) $20 into the Court Automation Fund; |
19 | | (B) $20 into the Court Document Storage Fund; |
20 | | (C) $5 into the Circuit Court Clerk Operation and |
21 | | Administrative Fund; |
22 | | (D) $8 into the Circuit Court Clerk Electronic Citation |
23 | | Fund; |
24 | | (E) $160 into the county's General Fund; |
25 | | (F)
$10 into the Child Advocacy Center Fund; |
|
| | 10000HB2591ham001 | - 24 - | LRB100 06972 MRW 22771 a |
|
|
1 | | (G)
$10 into the County Jail Medical Costs Fund; and
|
2 | | (H) $10 into the Probation and Court Services Fund. |
3 | | (2)
As the State's portion, $815 to the State Treasurer, |
4 | | who shall deposit the money as follows: |
5 | | (A)
$530 into the State Police Operations Assistance |
6 | | Fund; |
7 | | (B)
$75 into the Violent Crime Victims Assistance Fund; |
8 | | (C)
$100 into the Sexual Assault Services Fund; |
9 | | (D) $100 into the Domestic Violence Shelter and Service |
10 | | Fund; and |
11 | | (E) $10 into the State Police Merit Board Public Safety |
12 | | Fund. |
13 | | (3) As the arresting agency's portion, $2, to the treasurer |
14 | | of the unit of local government of the arresting agency, who |
15 | | shall deposit the money into the E-citation Fund of that unit |
16 | | of local government or as provided in subsection (c) of Section |
17 | | 1-30 of this Act if the arresting agency is a State agency, |
18 | | unless more than one agency is responsible for the arrest in |
19 | | which case the amount shall be remitted to each unit of |
20 | | government equally. |
21 | | Section 2-45. SCHEDULE 9; major traffic offenses. SCHEDULE |
22 | | 9: For a major traffic offense, the Clerk of the Circuit Court |
23 | | shall collect $300 and remit as follows: |
24 | | (1)
As the county's portion, $198 to the county treasurer, |
25 | | who shall deposit the money as follows: |
|
| | 10000HB2591ham001 | - 25 - | LRB100 06972 MRW 22771 a |
|
|
1 | | (A) $20 into the Court Automation Fund; |
2 | | (B) $20 into the Court Document Storage Fund; |
3 | | (C) $5 into the Circuit Court Clerk Operation and |
4 | | Administrative Fund; |
5 | | (D) $8 into the Circuit Court Clerk Electronic Citation |
6 | | Fund; and |
7 | | (E)
$145 into the county's General Fund. |
8 | | (2)
As the State's portion, $100 to the State Treasurer, |
9 | | who shall deposit the money as follows: |
10 | | (A)
$40 into the State Police Operations Assistance |
11 | | Fund; |
12 | | (B)
$50 into the Drivers Education Fund; and |
13 | | (C) $10 into the State Police Merit Board Public Safety |
14 | | Fund. |
15 | | (3)
As the arresting agency's portion, $2, to the treasurer |
16 | | of the unit of local government of the arresting agency, who |
17 | | shall deposit the money into the E-citation Fund of that unit |
18 | | of local government or as provided in subsection (c) of Section |
19 | | 1-30 of this Act if the arresting agency is a State agency, |
20 | | unless more than one agency is responsible for the arrest in |
21 | | which case the amount shall be remitted to each unit of |
22 | | government equally. |
23 | | Section 2-50. SCHEDULE 10; minor traffic offenses. |
24 | | SCHEDULE 10: For a minor traffic offense, the Clerk of the |
25 | | Circuit Court shall collect $145 and remit as follows: |
|
| | 10000HB2591ham001 | - 26 - | LRB100 06972 MRW 22771 a |
|
|
1 | | (1) As the county's portion, $123 to the county treasurer, |
2 | | who shall deposit the money as follows: |
3 | | (A) $20 into the Court Automation Fund; |
4 | | (B) $20 into the Court Document Storage Fund; |
5 | | (C) $5 into the Circuit Court Clerk Operation and |
6 | | Administrative Fund; |
7 | | (D) $8 into the Circuit Court Clerk Electronic Citation |
8 | | Fund; and |
9 | | (E)
$70 into the county's General Fund. |
10 | | (2)
As the State's portion, $20 to the State Treasurer, who |
11 | | shall deposit the money as follows: |
12 | | (A) $5 into the State Police Operations Assistance |
13 | | Fund; |
14 | | (B) $10 into the State Police Merit Board Public Safety |
15 | | Fund; and |
16 | | (C)
$5 into the Drivers Education Fund. |
17 | | (3)
As the arresting agency's portion, $2, to the treasurer |
18 | | of the unit of local government of the arresting agency, who |
19 | | shall deposit the money into the E-citation Fund of that unit |
20 | | of local government or as provided in subsection (c) of Section |
21 | | 1-30 of this Act if the arresting agency is a State agency, |
22 | | unless more than one agency is responsible for the arrest in |
23 | | which case the amount shall be remitted to each unit of |
24 | | government equally. |
25 | | Section 2-55. SCHEDULE 11; conservation offenses. SCHEDULE |
|
| | 10000HB2591ham001 | - 27 - | LRB100 06972 MRW 22771 a |
|
|
1 | | 11: For a conservation offense, the Clerk of the Circuit Court |
2 | | shall collect $140 and remit as follows: |
3 | | (1)
As the county's portion, $123, to the county treasurer, |
4 | | who shall deposit the money as follows: |
5 | | (A) $20 into the Court Automation Fund; |
6 | | (B) $20 into the Court Document Storage Fund; |
7 | | (C) $5 into the Circuit Court Clerk Operation and |
8 | | Administrative Fund; |
9 | | (D) $8 into the Circuit Court Clerk Electronic Citation |
10 | | Fund; and |
11 | | (E)
$70 into the county's General Fund. |
12 | | (2)
As the State's portion, $15, to the State Treasurer, |
13 | | who shall deposit the money into the Conservation Police |
14 | | Operations Assistance Fund. |
15 | | (3)
As the arresting agency's portion, $2, to the treasurer |
16 | | of the unit of local government of the arresting agency, who |
17 | | shall deposit the money into the E-citation Fund of that unit |
18 | | of local government or as provided in subsection (c) of Section |
19 | | 1-30 of this Act if the arresting agency is a State agency, |
20 | | unless more than one agency is responsible for the arrest in |
21 | | which case the amount shall be remitted to each unit of |
22 | | government equally. |
23 | | Section 2-60. SCHEDULE 12; dispositions under Supreme |
24 | | Court Rule 529.
SCHEDULE 12: For a disposition under Supreme |
25 | | Court Rule 529, the Clerk of the Circuit Court shall collect |
|
| | 10000HB2591ham001 | - 28 - | LRB100 06972 MRW 22771 a |
|
|
1 | | $155 and remit as follows: |
2 | | (1)
As the county's portion, $83, to the county treasurer, |
3 | | who shall deposit the money as follows: |
4 | | (A) $20 into the Court Automation Fund; |
5 | | (B) $20 into the Court Document Storage Fund; |
6 | | (C) $5 into the Circuit Court Clerk Operation and |
7 | | Administrative Fund; |
8 | | (D) $8 into the Circuit Court Clerk Electronic Citation |
9 | | Fund; and |
10 | | (E)
$30 into the county's General Fund. |
11 | | (2) As the State's portion, $20 to the State Treasurer, who |
12 | | shall deposit the money as follows:
|
13 | | (A)
$5 into the State Police Operations Assistance |
14 | | Fund; |
15 | | (B)
$5 into the Drivers Education Fund; and |
16 | | (C) $10 into the State Police Merit Board Public Safety |
17 | | Fund. |
18 | | (3)
As the arresting agency's portion, $52 as follows, |
19 | | unless more than one agency is responsible for the arrest in |
20 | | which case the amount shall be remitted to each unit of |
21 | | government equally: |
22 | | (A) if the arresting agency is a local agency to the |
23 | | treasurer of the unit of local government of the arresting |
24 | | agency, who shall deposit the money as follows: |
25 | | (i)
$2 into the E-citation Fund of the unit of |
26 | | local government; and |
|
| | 10000HB2591ham001 | - 29 - | LRB100 06972 MRW 22771 a |
|
|
1 | | (ii)
$50 into the General Fund of the unit of local |
2 | | government; or |
3 | | (B) as provided in subsection (c) of Section 1-30 of |
4 | | this Act if the arresting agency is a State agency. |
5 | | Section 2-65. SCHEDULE 13; non-traffic local ordinance |
6 | | violations. SCHEDULE 13: For a petty offense, business offense, |
7 | | or non-traffic ordinance violation, the Clerk of the Circuit |
8 | | Court shall collect $90 and remit as follows: |
9 | | (1) As the county's portion, $73, to the county treasurer, |
10 | | who shall deposit the money as follows: |
11 | | (A) $20 into the Court Automation Fund; |
12 | | (B) $20 into the Court Document Storage Fund; |
13 | | (C) $5 into the Circuit Court Clerk Operation and |
14 | | Administrative Fund; |
15 | | (D) $8 into the Circuit Court Clerk Electronic Citation |
16 | | Fund; and |
17 | | (E)
$20 into the county's General Fund. |
18 | | (2)
As the arresting agency's portion, $17 as follows, |
19 | | unless more than one agency is responsible for the arrest in |
20 | | which case the amount shall be remitted to each unit of |
21 | | government equally: |
22 | | (A) if the arresting agency is a local agency to the |
23 | | treasurer of the unit of local government of the arresting |
24 | | agency, who shall deposit the money as follows: |
25 | | (i)
$2 into the E-citation Fund of the unit of |
|
| | 10000HB2591ham001 | - 30 - | LRB100 06972 MRW 22771 a |
|
|
1 | | local government; and |
2 | | (ii)
$50 into the General Fund of the unit of local |
3 | | government; or |
4 | | (B) as provided in subsection (c) of Section 1-30 of |
5 | | this Act if the arresting agency is a State agency. |
6 | | Section 2-70. CONDITIONAL ASSESSMENTS. |
7 | | CONDITIONAL ASSESSMENTS: In addition to payments under one |
8 | | of the Schedule of Assessments 1 through 13 of this Act, the |
9 | | court shall also order payment of any of the following |
10 | | conditional assessment amounts for each conviction in the case |
11 | | to which a conditional assessment is applicable, which shall be |
12 | | collected and remitted by the Clerk of the Circuit Court as |
13 | | provided in this Section: |
14 | | (1) arson, residential arson, or aggravated arson, |
15 | | $500 per conviction to the State Treasurer for deposit into |
16 | | the Fire Prevention Fund; |
17 | | (2) child pornography under Section 11-20.1 of the |
18 | | Criminal Code of 1961 or the Criminal Code of 2012, $500 |
19 | | per conviction with $5 to the county treasurer for deposit |
20 | | into the Circuit Court Clerk Operation and Administrative |
21 | | Fund and the remainder as follows, unless more than one |
22 | | agency is responsible for the arrest in which case the |
23 | | amount shall be remitted to each unit of government |
24 | | equally: |
25 | | (A) if the arresting agency is an agency of a unit |
|
| | 10000HB2591ham001 | - 31 - | LRB100 06972 MRW 22771 a |
|
|
1 | | of local government $495 to the treasurer of the unit |
2 | | of local government for deposit into the unit of local |
3 | | government's General Fund, except that if the |
4 | | Department of State Police provides digital or |
5 | | electronic forensic examination assistance, or both, |
6 | | to the arresting agency then $100 to the State |
7 | | Treasurer for deposit into the State Crime Laboratory |
8 | | Fund; or |
9 | | (B) if the arresting agency is the Department of |
10 | | State Police remitted to the State Treasurer for |
11 | | deposit into the State Crime Laboratory Fund; |
12 | | (3)
crime laboratory drug analysis for a drug-related |
13 | | offense involving possession or delivery of cannabis or |
14 | | possession or delivery of a controlled substance as defined |
15 | | in the Cannabis Control Act, the Illinois Controlled |
16 | | Substances Act, or the Methamphetamine Control and |
17 | | Community Protection Act, $100 reimbursement for |
18 | | laboratory analysis, as set forth in subsection (f) of |
19 | | Section 5-9-1.4 of the Unified Code of Corrections; |
20 | | (4)
DNA analysis, $250 on each conviction in which it |
21 | | was used to the State Treasurer for deposit into the State |
22 | | Offender DNA Identification System Fund; |
23 | | (5)
DUI analysis, $150 on each conviction in which it |
24 | | was used as set forth in subsection (f) of Section 5-9-1.9 |
25 | | of the Unified Code of Corrections; |
26 | | (6) drug-related
offense involving possession or |
|
| | 10000HB2591ham001 | - 32 - | LRB100 06972 MRW 22771 a |
|
|
1 | | delivery of cannabis or possession or delivery
of a |
2 | | controlled substance, other than methamphetamine, as |
3 | | defined in the Cannabis Control Act
or the Illinois |
4 | | Controlled Substances Act, an amount not less than
the full |
5 | | street value of the cannabis or controlled substance seized |
6 | | for each conviction to the State Treasurer for deposit into |
7 | | the General Revenue Fund; |
8 | | (7) methamphetamine-related
offense involving |
9 | | possession or delivery of methamphetamine or any salt of an |
10 | | optical isomer of methamphetamine or possession of a |
11 | | methamphetamine manufacturing material as set forth in |
12 | | Section 10 of the Methamphetamine Control and Community |
13 | | Protection Act with the intent to manufacture a substance |
14 | | containing methamphetamine or salt of an optical isomer of |
15 | | methamphetamine, an amount not less than
the full street |
16 | | value of the methamphetamine or salt of an optical isomer |
17 | | of methamphetamine or methamphetamine manufacturing |
18 | | materials seized for each conviction to the State Treasurer |
19 | | for deposit into the General Revenue Fund; |
20 | | (8)
order of protection violation under Section 12-3.4 |
21 | | of the Criminal Code of 2012, $200 for each conviction to |
22 | | the county treasurer for deposit into the Probation and |
23 | | Court Services Fund for implementation of a domestic |
24 | | violence surveillance program and any other assessments or |
25 | | fees imposed under Section 5-9-1.16 of the Unified Code of |
26 | | Corrections; |
|
| | 10000HB2591ham001 | - 33 - | LRB100 06972 MRW 22771 a |
|
|
1 | | (9)
order of protection violation, $25 for each |
2 | | violation to the State Treasurer, for deposit into the |
3 | | Domestic Violence Abuser Services Fund; |
4 | | (10)
prosecution by the State's Attorney of a: |
5 | | (A) misdemeanor, petty, or business offense, $4 to |
6 | | the county treasurer of which $2 deposited into the |
7 | | State's Attorney Records Automation Fund and $2 into |
8 | | the Public Defender Records Automation Fund; |
9 | | (B) conservation or traffic offense, $2 to the |
10 | | county treasurer for deposit into the State's Attorney |
11 | | Records Automation Fund; |
12 | | (11) speeding in a construction zone violation if the |
13 | | fine is $250 or more, $125 to the State Treasurer for |
14 | | deposit into the Transportation Safety Highway Hire-back |
15 | | Fund, unless (i) the violation occurred on a highway other |
16 | | than an interstate highway and (ii) a county police officer |
17 | | wrote the ticket for the violation, in which case to the |
18 | | county treasurer for deposit into that county's |
19 | | Transportation Safety Highway Hire-back Fund; |
20 | | (12) streetgang member at the time of the commission of |
21 | | the violation, as defined in Section 10 of the Illinois |
22 | | Streetgang Terrorism Omnibus Prevention Act, convicted of |
23 | | any violation of the Criminal Code of 1961 or the Criminal |
24 | | Code of 2012, $100 with $5 to the county treasurer for |
25 | | deposit into the Circuit Court Clerk Operation and |
26 | | Administrative Fund and $95 to the State Treasurer for |
|
| | 10000HB2591ham001 | - 34 - | LRB100 06972 MRW 22771 a |
|
|
1 | | deposit into the State Police Streetgang-Related Crime |
2 | | Fund; |
3 | | (13) victim and offender are family or household |
4 | | members as defined in Section 103 of the Illinois Domestic |
5 | | Violence Act of 1986 and offender pleads guilty
or no |
6 | | contest to or is convicted of murder, voluntary |
7 | | manslaughter,
involuntary manslaughter, burglary, |
8 | | residential burglary, criminal trespass
to residence, |
9 | | criminal trespass to vehicle, criminal trespass to land,
|
10 | | criminal damage to property, telephone harassment, |
11 | | kidnapping, aggravated
kidnaping, unlawful restraint, |
12 | | forcible detention, child abduction,
indecent solicitation |
13 | | of a child, sexual relations between siblings,
|
14 | | exploitation of a child, child pornography, assault, |
15 | | aggravated assault,
battery, aggravated battery, heinous |
16 | | battery, aggravated battery of a
child, domestic battery, |
17 | | reckless conduct, intimidation, criminal sexual
assault, |
18 | | predatory criminal sexual assault of a child, aggravated |
19 | | criminal
sexual assault, criminal sexual abuse,
aggravated |
20 | | criminal sexual abuse, violation of an order of protection,
|
21 | | disorderly conduct, endangering the life or health of a |
22 | | child, child
abandonment, contributing to dependency or |
23 | | neglect of child, or cruelty to
children and others, $200 |
24 | | for each conviction to the State Treasurer
for deposit as |
25 | | follows: (i) for sexual assault, as defined in Section |
26 | | 5-9-1.7 of the Unified Code of Corrections, when
the |
|
| | 10000HB2591ham001 | - 35 - | LRB100 06972 MRW 22771 a |
|
|
1 | | offender and victim are family members, one-half to the |
2 | | Domestic Violence
Shelter and Service Fund, and one-half to |
3 | | the Sexual Assault Services Fund;
(ii) for the remaining |
4 | | offenses to the Domestic Violence Shelter and Service
Fund; |
5 | | (14)
violation of Section 11-501 of the Illinois |
6 | | Vehicle Code, Section 5-7 of the Snowmobile Registration |
7 | | and Safety Act, Section 5-16 of the Boat Registration and |
8 | | Safety Act, or a similar provision, whose operation of a |
9 | | motor vehicle, snowmobile, or watercraft while in |
10 | | violation of Section 11-501, Section 5-7 of the Snowmobile |
11 | | Registration and Safety Act, Section 5-16 of the Boat |
12 | | Registration and Safety Act, or a similar provision |
13 | | proximately caused an incident resulting in an appropriate |
14 | | emergency response, $1,000 maximum to the public agency |
15 | | that provided an emergency response related to the person's |
16 | | violation, and if more than one
agency responded, the |
17 | | amount payable to public agencies shall be shared equally; |
18 | | (15)
violation of Sections 401, 407, or 407.2 of the |
19 | | Illinois Controlled Substances Act that proximately caused |
20 | | any incident resulting in an appropriate drug-related |
21 | | emergency response, $750 as reimbursement for the |
22 | | emergency response to the law enforcement agency that
made |
23 | | the arrest, and if more than one
agency is responsible for |
24 | | the arrest, the amount payable to law
enforcement agencies |
25 | | shall be shared equally; |
26 | | (16)
violation of reckless driving, aggravated |
|
| | 10000HB2591ham001 | - 36 - | LRB100 06972 MRW 22771 a |
|
|
1 | | reckless driving, or driving 26 miles per hour or more in |
2 | | excess of the speed limit that triggered an emergency |
3 | | response, $1,000 maximum reimbursement for the emergency |
4 | | response to be distributed in its entirety to a public |
5 | | agency that provided an emergency response related to the |
6 | | person's violation, and if more than one
agency responded, |
7 | | the amount payable to public agencies shall be shared |
8 | | equally; and |
9 | | (17) weapons violation under Section 24-1.1, 24-1.2, |
10 | | or 24-1.5 of the Criminal Code of 1961 or the Criminal Code |
11 | | of 2012, $100 for each conviction to the State Treasurer |
12 | | for deposit into the Trauma Center Fund. |
13 | | Article III. Amendatory Provisions |
14 | | Section 3-1. The Domestic Violence Shelters Act is amended |
15 | | by changing Section 3.2 as follows:
|
16 | | (20 ILCS 1310/3.2) (from Ch. 40, par. 2403.2)
|
17 | | Sec. 3.2. All funds collected pursuant to P.A. 82-645, |
18 | | which are
held in escrow for refund and for which a refund is |
19 | | not approved by
September 1, 1988, shall be forwarded to the |
20 | | State Treasurer for deposit
into the Domestic Violence Shelter |
21 | | and Service Fund. The Domestic Violence
Shelter and Service |
22 | | Fund shall also include assessments fines received by the State
|
23 | | Treasurer from circuit clerks under the Criminal and Traffic |
|
| | 10000HB2591ham001 | - 37 - | LRB100 06972 MRW 22771 a |
|
|
1 | | Assessment Act in accordance with Section 5-9-1.5 of the
|
2 | | Unified Code of Corrections . Monies deposited in the Fund |
3 | | pursuant to this
Section and the income tax check-off for the |
4 | | Domestic Violence Shelter and
Service Fund authorized by |
5 | | Section 507F of the Illinois Income Tax Act
shall be |
6 | | appropriated to the Department of Human Services
for the |
7 | | purpose of
providing services specified by this Act; however, |
8 | | the Department may waive
the matching funds requirement of this |
9 | | Act with respect to such monies.
Any such waiver shall be |
10 | | uniform throughout the State. This amendatory Act
of 1987 |
11 | | applies to all funds collected pursuant to PA 82-645, held in
|
12 | | escrow and for which no refund is approved by September 1, |
13 | | 1988, whether
those funds are administered by the State, a |
14 | | county, a court, or any other
unit or agency of government.
|
15 | | (Source: P.A. 89-507, eff. 7-1-97.)
|
16 | | Section 3-2. The Burn Victims Relief Act is amended by |
17 | | changing Section 10 as follows: |
18 | | (20 ILCS 1410/10)
|
19 | | Sec. 10. Payments to the George Bailey Memorial Fund. The |
20 | | George Bailey Memorial Fund is created as a special fund in the |
21 | | State treasury. The George Bailey Memorial Fund shall be funded |
22 | | pursuant to subsection (p) of Section 27.6 of the Clerks of |
23 | | Courts Act and Section 16-104d of the Illinois Vehicle Code. |
24 | | Funds received under Section 16-104d of the Illinois Vehicle |
|
| | 10000HB2591ham001 | - 38 - | LRB100 06972 MRW 22771 a |
|
|
1 | | Code shall be repaid in full to the Fire Truck Revolving Loan |
2 | | Fund, without the deduction of the 20% administrative fee |
3 | | authorized in subsection (b) of Section 5, upon receipt by the |
4 | | George Bailey Memorial Fund from the person or his or her |
5 | | estate, trust, or heirs of any moneys from a settlement for the |
6 | | injury that is the proximate cause of the person's disability |
7 | | under this Act or moneys received from Social Security |
8 | | disability benefits. Moneys in the George Bailey Memorial Fund |
9 | | may only be used for the purposes set forth in this Act.
|
10 | | (Source: P.A. 99-455, eff. 1-1-16 .) |
11 | | Section 3-3. The State Police Act is amended by changing |
12 | | Section 7.2 as follows: |
13 | | (20 ILCS 2610/7.2) |
14 | | Sec. 7.2. State Police Merit Board Public Safety Fund. |
15 | | (a) A special fund in the State treasury is hereby created |
16 | | which shall be known as the State Police Merit Board Public |
17 | | Safety Fund. The Fund shall be used by the State Police Merit |
18 | | Board to provide a cadet program for State Police personnel and |
19 | | to meet all costs associated with the functions of the State |
20 | | Police Merit Board. Notwithstanding any other law to the |
21 | | contrary, the State Police Merit Board Public Safety Fund is |
22 | | not subject to sweeps, administrative charge-backs, or any |
23 | | other fiscal or budgetary maneuver that would in any way |
24 | | transfer any amounts from the State Police Merit Board Public |
|
| | 10000HB2591ham001 | - 39 - | LRB100 06972 MRW 22771 a |
|
|
1 | | Safety Fund into any other fund of the State. |
2 | | (b) The Fund may receive State appropriations, gifts, |
3 | | grants, and federal funds and shall include earnings from the |
4 | | investment of moneys in the Fund. |
5 | | (c) The administration of this Fund shall be the |
6 | | responsibility of the State Police Merit Board. The Board shall |
7 | | establish terms and conditions for the operation of the Fund. |
8 | | The Board shall establish and implement fiscal controls and |
9 | | accounting periods for programs operated using the Fund. All |
10 | | fees or moneys received by the State Treasurer under the |
11 | | Criminal and Traffic Assessment Act subsection (n) of Section |
12 | | 27.6 of the Clerks of Courts Act shall be deposited into the |
13 | | Fund. The moneys deposited in the State Police Merit Board |
14 | | Public Safety Fund shall be appropriated to the State Police |
15 | | Merit Board for expenses of the Board for the administration |
16 | | and conduct of all its programs for State Police personnel.
|
17 | | (Source: P.A. 97-1051, eff. 1-1-13.) |
18 | | Section 3-4. The Illinois Criminal Justice Information Act |
19 | | is amended by changing Section 9.1 as follows:
|
20 | | (20 ILCS 3930/9.1)
|
21 | | Sec. 9.1. Criminal Justice Information Projects Fund. The |
22 | | Criminal
Justice Information Projects Fund is hereby created as |
23 | | a special fund in the
State Treasury. Grants and other moneys |
24 | | obtained by the Authority from
governmental entities (other |
|
| | 10000HB2591ham001 | - 40 - | LRB100 06972 MRW 22771 a |
|
|
1 | | than the federal government), private sources, and
|
2 | | not-for-profit organizations for use in investigating criminal |
3 | | justice issues
or undertaking other criminal justice |
4 | | information projects shall be deposited
into the Fund. Moneys |
5 | | in the Fund may be used by the Authority, subject to
|
6 | | appropriation, for undertaking such projects and for the |
7 | | operating and other
expenses of the Authority incidental to |
8 | | those projects. The moneys deposited into the Criminal Justice |
9 | | Information Projects Fund under Sections 2-15 and 2-35 of the |
10 | | Criminal and Traffic Assessment Act shall be appropriated to |
11 | | and administered by the Illinois Criminal Justice Information |
12 | | Authority for funding of drug task forces and Metropolitan |
13 | | Enforcement Groups and for the costs associated with making |
14 | | grants from the Prescription Pill and Drug Disposal Fund.
|
15 | | (Source: P.A. 88-538.)
|
16 | | Section 3-5. The State Finance Act is amended by changing |
17 | | Sections 6b-4, 6z-82, 6z-87, 8p, and 8q as follows:
|
18 | | (30 ILCS 105/6b-4) (from Ch. 127, par. 142b4)
|
19 | | Sec. 6b-4.
On the second Monday of every month, the |
20 | | Director of Public
Health shall certify to the State |
21 | | Comptroller and the State Treasurer the
amount generated by the |
22 | | issuance of commemorative birth certificates under
subsection |
23 | | (14) of Section 25 of the Vital Records Act in excess of the
|
24 | | costs incurred in issuing the documents. Within 15 days of |
|
| | 10000HB2591ham001 | - 41 - | LRB100 06972 MRW 22771 a |
|
|
1 | | receipt of the
certification required by this Section, the |
2 | | State Comptroller and the
State Treasurer shall transfer from |
3 | | the General Revenue Fund, one-half of
the amount certified as |
4 | | being received from the issuance of commemorative
birth |
5 | | certificates to the Child Abuse Prevention Fund and one-half of |
6 | | the
amount to the Domestic Violence Shelter and Service Fund.
|
7 | | The State Treasurer shall deposit into the Domestic |
8 | | Violence Shelter
and Service Fund each assessment received |
9 | | under the Criminal and Traffic Assessment Act fine received |
10 | | from circuit clerks under Section
5-9-1.5 of the Unified Code |
11 | | of Corrections .
|
12 | | The State Treasurer shall deposit into the Sexual Assault |
13 | | Services Fund
and the Domestic Violence Shelter and Service |
14 | | Fund each of those fines
received from circuit clerks under |
15 | | Section 5-9-1.7 of the Unified
Code of Corrections in |
16 | | accordance with the provisions of that Section.
|
17 | | (Source: P.A. 87-791; 87-1072.)
|
18 | | (30 ILCS 105/6z-82) |
19 | | Sec. 6z-82. State Police Operations Assistance Fund. |
20 | | (a) There is created in the State treasury a special fund |
21 | | known as the State Police Operations Assistance Fund. The Fund |
22 | | shall receive revenue under the Criminal and Traffic Assessment |
23 | | Act pursuant to Section 27.3a of the Clerks of Courts Act . The |
24 | | Fund may also receive revenue from grants, donations, |
25 | | appropriations, and any other legal source. |
|
| | 10000HB2591ham001 | - 42 - | LRB100 06972 MRW 22771 a |
|
|
1 | | (b) The Department of State Police may use moneys in the |
2 | | Fund to finance any of its lawful purposes or functions. |
3 | | (c) Expenditures may be made from the Fund only as |
4 | | appropriated by the General Assembly by law. |
5 | | (d) Investment income that is attributable to the |
6 | | investment of moneys in the Fund shall be retained in the Fund |
7 | | for the uses specified in this Section. |
8 | | (e) The State Police Operations Assistance Fund shall not |
9 | | be subject to administrative chargebacks.
|
10 | | (f) Notwithstanding any other provision of State law to the |
11 | | contrary, on or after July 1, 2012, and until June 30, 2013, in |
12 | | addition to any other transfers that may be provided for by |
13 | | law, at the direction of and upon notification from the |
14 | | Director of State Police, the State Comptroller shall direct |
15 | | and the State Treasurer shall transfer amounts into the State |
16 | | Police Operations Assistance Fund from the designated funds not |
17 | | exceeding the following totals: |
18 | | State Police Vehicle Fund .....................$2,250,000 |
19 | | State Police Wireless Service |
20 | | Emergency Fund ............................$2,500,000 |
21 | | State Police Services Fund ....................$3,500,000 |
22 | | (Source: P.A. 96-1029, eff. 7-13-10; 97-333, eff. 8-12-11; |
23 | | 97-732, eff. 6-30-12.) |
24 | | (30 ILCS 105/6z-87) |
25 | | Sec. 6z-87. Conservation Police Operations Assistance |
|
| | 10000HB2591ham001 | - 43 - | LRB100 06972 MRW 22771 a |
|
|
1 | | Fund. |
2 | | (a) There is created in the State treasury a special fund |
3 | | known as the Conservation Police Operations Assistance Fund. |
4 | | The Fund shall receive revenue under the Criminal and Traffic |
5 | | Assessment Act pursuant to Section 27.3a of the Clerks of |
6 | | Courts Act . The Fund may also receive revenue from grants, |
7 | | donations, appropriations, and any other legal source. |
8 | | (b) The Department of Natural Resources may use moneys in |
9 | | the Fund to support any lawful operations of the Illinois |
10 | | Conservation Police. |
11 | | (c) Expenditures may be made from the Fund only as |
12 | | appropriated by the General Assembly by law. |
13 | | (d) Investment income that is attributable to the |
14 | | investment of moneys in the Fund shall be retained in the Fund |
15 | | for the uses specified in this Section. |
16 | | (e) The Conservation Police Operations Assistance Fund |
17 | | shall not be subject to administrative chargebacks.
|
18 | | (Source: P.A. 97-46, eff. 7-1-12; 97-813, eff. 7-13-12.) |
19 | | (30 ILCS 105/8p) |
20 | | Sec. 8p. State Police Streetgang-Related Crime Fund. |
21 | | (a) The State Police Streetgang-Related Crime Fund is |
22 | | created as a special fund in the State treasury. |
23 | | (b) All moneys collected and payable to the Department of |
24 | | State Police from the State Police Streetgang-Related Crime |
25 | | Fund under Section 5-9-1.19 of the Unified Code of Corrections |
|
| | 10000HB2591ham001 | - 44 - | LRB100 06972 MRW 22771 a |
|
|
1 | | shall be deposited into the State Police Streetgang-Related |
2 | | Crime Fund and shall be appropriated to and administered by the |
3 | | Department of State Police for operations and initiatives to |
4 | | combat and prevent streetgang-related crime. |
5 | | (c) The State Police Streetgang-Related Crime Fund shall |
6 | | not be subject to administrative chargebacks.
|
7 | | (Source: P.A. 96-1029, eff. 7-13-10.) |
8 | | (30 ILCS 105/8q) |
9 | | Sec. 8q. Illinois Department of Corrections Parole |
10 | | Division Offender Supervision Fund. |
11 | | (a) The Illinois Department of Corrections Parole Division |
12 | | Offender Supervision Fund
is created as a special fund in the |
13 | | State treasury. |
14 | | (b) All moneys collected and payable to the Department of
|
15 | | Corrections and under Section 5-9-1.20 of the Unified Code of
|
16 | | Corrections shall be deposited into the Illinois Department of |
17 | | Corrections Parole Division Offender Supervision Fund
and |
18 | | shall be appropriated to and
administered by the Department of |
19 | | Corrections for operations
and initiatives to combat and |
20 | | supervise paroled offenders in the community. |
21 | | (c) The Illinois Department of Corrections Parole Division |
22 | | Offender Supervision Fund shall
not be subject to |
23 | | administrative chargebacks.
|
24 | | (Source: P.A. 97-262, eff. 8-5-11.) |
|
| | 10000HB2591ham001 | - 45 - | LRB100 06972 MRW 22771 a |
|
|
1 | | Section 3-6. The State Property Control Act is amended by |
2 | | changing Section 7c as follows: |
3 | | (30 ILCS 605/7c) |
4 | | Sec. 7c. Acquisition of State Police vehicles. The State |
5 | | Police Vehicle Fund is created as a special fund in the State |
6 | | treasury. The Fund shall consist of fees received pursuant to |
7 | | Section 16-104c of the Illinois Vehicle Code. All moneys in the |
8 | | Fund, subject to appropriation, shall be used by the Department |
9 | | of State Police: |
10 | | (1) for the acquisition of vehicles for that |
11 | | Department; or |
12 | | (2) for debt service on bonds issued to finance the |
13 | | acquisition of vehicles for that Department.
|
14 | | (Source: P.A. 94-839, eff. 6-6-06.) |
15 | | Section 3-7. Illinois Police Training Act is amended by |
16 | | changing Section 9 as follows:
|
17 | | (50 ILCS 705/9) (from Ch. 85, par. 509)
|
18 | | Sec. 9.
A special fund is hereby established in the State |
19 | | Treasury to
be known as the Traffic and Criminal Conviction |
20 | | Surcharge Fund and shall
be financed as provided in Section 9.1 |
21 | | of this Act and Section 5-9-1 of the
Unified Code of |
22 | | Corrections, unless the fines, costs, or additional
amounts |
23 | | imposed are subject to disbursement by the circuit clerk under
|
|
| | 10000HB2591ham001 | - 46 - | LRB100 06972 MRW 22771 a |
|
|
1 | | Section 27.5 of the Clerks of Courts Act . Moneys in this Fund |
2 | | shall be
expended as follows:
|
3 | | (1) a portion of the total amount deposited in the Fund |
4 | | may be used, as
appropriated by the General Assembly, for |
5 | | the ordinary and contingent expenses
of the Illinois Law |
6 | | Enforcement Training Standards Board;
|
7 | | (2) a portion of the total amount deposited in the Fund
|
8 | | shall be appropriated for the reimbursement of local |
9 | | governmental agencies
participating in training programs |
10 | | certified by the Board, in an amount
equaling 1/2 of the |
11 | | total sum paid by such agencies during the State's previous
|
12 | | fiscal year for mandated training for probationary police |
13 | | officers or
probationary county corrections officers and |
14 | | for optional advanced and
specialized law enforcement or |
15 | | county corrections training; these
reimbursements may |
16 | | include the costs for tuition at training schools, the
|
17 | | salaries of trainees while in schools, and the necessary |
18 | | travel and room
and board expenses for each trainee; if the |
19 | | appropriations under this
paragraph (2) are not sufficient |
20 | | to fully reimburse the participating local
governmental |
21 | | agencies, the available funds shall be apportioned among |
22 | | such
agencies, with priority first given to repayment of |
23 | | the costs of mandatory
training given to law enforcement |
24 | | officer or county corrections officer
recruits, then to |
25 | | repayment of costs of advanced or specialized training
for |
26 | | permanent police officers or permanent county corrections |
|
| | 10000HB2591ham001 | - 47 - | LRB100 06972 MRW 22771 a |
|
|
1 | | officers;
|
2 | | (3) a portion of the total amount deposited in the Fund |
3 | | may be used to
fund the Intergovernmental Law Enforcement |
4 | | Officer's In-Service Training
Act, veto overridden October |
5 | | 29, 1981, as now or hereafter amended, at
a rate and method |
6 | | to be determined by the board;
|
7 | | (4) a portion of the Fund also may be used by the |
8 | | Illinois Department
of State Police for expenses incurred |
9 | | in the training of employees from
any State, county or |
10 | | municipal agency whose function includes enforcement
of |
11 | | criminal or traffic law;
|
12 | | (5) a portion of the Fund may be used by the Board to |
13 | | fund grant-in-aid
programs and services for the training of |
14 | | employees from any county or
municipal agency whose |
15 | | functions include corrections or the enforcement of
|
16 | | criminal or traffic
law;
|
17 | | (6) for fiscal years 2013 through 2017 only, a portion |
18 | | of the Fund also may be used by the
Department of State |
19 | | Police to finance any of its lawful purposes or functions; |
20 | | and |
21 | | (7) a portion of the Fund may be used by the Board, |
22 | | subject to appropriation, to administer grants to local law |
23 | | enforcement agencies for the purpose of purchasing |
24 | | bulletproof vests under the Law Enforcement Officer |
25 | | Bulletproof Vest Act. |
26 | | All payments from the Traffic and Criminal Conviction |
|
| | 10000HB2591ham001 | - 48 - | LRB100 06972 MRW 22771 a |
|
|
1 | | Surcharge Fund shall
be made each year from moneys appropriated |
2 | | for the purposes specified in
this Section. No more than 50% of |
3 | | any appropriation under this Act shall be
spent in any city |
4 | | having a population of more than 500,000. The State
Comptroller |
5 | | and the State Treasurer shall from time to time, at the
|
6 | | direction of the Governor, transfer from the Traffic and |
7 | | Criminal
Conviction Surcharge Fund to the General Revenue Fund |
8 | | in the State Treasury
such amounts as the Governor determines |
9 | | are in excess of the amounts
required to meet the obligations |
10 | | of the Traffic and Criminal Conviction
Surcharge Fund.
|
11 | | (Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; |
12 | | 98-743, eff. 1-1-15; 99-78, eff. 7-20-15; 99-523, eff. |
13 | | 6-30-16.)
|
14 | | Section 3-8. The Counties Code is amended by changing |
15 | | Sections 3-6023, 4-2002, 4-2002.1, 4-2004, 4-2005, and 4-2006 |
16 | | as follows:
|
17 | | (55 ILCS 5/3-6023) (from Ch. 34, par. 3-6023)
|
18 | | Sec. 3-6023. Attendance at courts. Each sheriff shall, in |
19 | | person or by
deputy, county corrections officer, or court |
20 | | security officer, attend upon
all courts held in his or her |
21 | | county when in session, and obey the lawful
orders and |
22 | | directions of the court, and shall maintain the security of the
|
23 | | courthouse. Court services customarily performed by sheriffs |
24 | | shall be provided
by the sheriff or his or her deputies, county |
|
| | 10000HB2591ham001 | - 49 - | LRB100 06972 MRW 22771 a |
|
|
1 | | corrections officers, or
court security officers, rather than |
2 | | by employees of the court, unless there
are no deputies, county |
3 | | corrections officers, or court security officers
available to |
4 | | perform such services. The expenses of the sheriff in carrying
|
5 | | out his or her duties under this Section, including the |
6 | | compensation of
deputies, county corrections officers, or |
7 | | court security officers assigned
to such services, shall be |
8 | | paid to the county from fees collected pursuant to
court order |
9 | | for services of the sheriff and from any court services fees
|
10 | | collected by the county under the Criminal and Traffic |
11 | | Assessment Act pursuant to Section 5-1103, as now or hereafter
|
12 | | amended .
|
13 | | (Source: P.A. 89-685, eff. 6-1-97; 89-707, eff. 6-1-97.)
|
14 | | (55 ILCS 5/4-2002) (from Ch. 34, par. 4-2002)
|
15 | | Sec. 4-2002. State's attorney assessments fees in counties |
16 | | under 3,000,000
population. This Section applies only to |
17 | | counties with fewer than
3,000,000 inhabitants.
|
18 | | (a) State's attorneys shall be entitled to the following |
19 | | assessments fees , however, the
assessment fee requirement of |
20 | | this subsection does not apply to county boards:
|
21 | | For each conviction in prosecutions on indictments for |
22 | | first degree murder,
second degree murder, involuntary |
23 | | manslaughter, criminal sexual assault,
aggravated criminal |
24 | | sexual assault, aggravated criminal sexual abuse,
kidnapping, |
25 | | arson and forgery, $30. All other cases punishable by |
|
| | 10000HB2591ham001 | - 50 - | LRB100 06972 MRW 22771 a |
|
|
1 | | imprisonment
in the penitentiary, $30.
|
2 | | For each conviction in other cases tried before judges of |
3 | | the circuit
court, $15; except that if the conviction is in a |
4 | | case which may be
assigned to an associate judge, whether or |
5 | | not it is in fact assigned to
an associate judge, the fee shall |
6 | | be $10.
|
7 | | For preliminary examinations for each defendant held to |
8 | | bail or
recognizance, $10.
|
9 | | For each examination of a party bound over to keep the |
10 | | peace, $10.
|
11 | | For each defendant held to answer in a circuit court on a |
12 | | charge of
paternity, $10.
|
13 | | For each trial on a charge of paternity, $30.
|
14 | | For each case of appeal taken from his county or from the |
15 | | county to
which a change of venue is taken to his county to the |
16 | | Supreme or
Appellate Court when prosecuted or defended by him, |
17 | | $50.
|
18 | | For each day actually employed in the trial of a case, $25; |
19 | | in which
case the court before whom the case is tried shall |
20 | | make an order
specifying the number of days for which a per |
21 | | diem shall be allowed.
|
22 | | For each day actually employed in the trial of cases of |
23 | | felony
arising in their respective counties and taken by change |
24 | | of venue to
another county, $25; and the court before whom the |
25 | | case is tried shall
make an order specifying the number of days |
26 | | for which said per diem
shall be allowed; and it is hereby made |
|
| | 10000HB2591ham001 | - 51 - | LRB100 06972 MRW 22771 a |
|
|
1 | | the duty of each State's
attorney to prepare and try each case |
2 | | of felony arising when so taken by
change of venue.
|
3 | | For assisting in a trial of each case on an indictment for |
4 | | felony
brought by change of venue to their respective counties, |
5 | | the same fees
they would be entitled to if such indictment had |
6 | | been found for an
offense committed in his county, and it shall |
7 | | be the duty of the
State's attorney of the county to which such |
8 | | cause is taken by
change of venue to assist in the trial |
9 | | thereof.
|
10 | | For each case of forfeited recognizance where the |
11 | | forfeiture is set
aside at the instance of the defense, in |
12 | | addition to the ordinary costs,
$10 for each defendant.
|
13 | | For each proceeding in a circuit court to inquire into the |
14 | | alleged
mental illness of any person, $10 for each defendant.
|
15 | | For each proceeding in a circuit court to inquire into the |
16 | | alleged
dependency or delinquency of any child, $10.
|
17 | | For each day actually employed in the hearing of a case of |
18 | | habeas
corpus in which the people are interested, $25.
|
19 | | For each violation of the Criminal Code of 1961 or the |
20 | | Criminal Code of 2012 and the Illinois Vehicle Code in which a |
21 | | defendant has entered a plea of guilty or a defendant has |
22 | | stipulated to the facts supporting the charge or a finding of |
23 | | guilt and the court has entered an order of supervision, $10.
|
24 | | State's attorneys shall be entitled to a $2 fee to be paid |
25 | | by the defendant on a judgment of guilty or a grant of |
26 | | supervision for a violation of any provision of the Illinois |
|
| | 10000HB2591ham001 | - 52 - | LRB100 06972 MRW 22771 a |
|
|
1 | | Vehicle Code or any felony, misdemeanor, or petty offense to |
2 | | discharge the expenses of the State's Attorney's office for |
3 | | establishing and maintaining automated record keeping systems. |
4 | | The fee shall be remitted monthly to the county treasurer, |
5 | | to be deposited by him or her into a special fund designated as |
6 | | the State's Attorney Records Automation Fund. Expenditures |
7 | | from this fund may be made by the State's Attorney for |
8 | | hardware, software, research, and development costs and |
9 | | personnel related thereto. |
10 | | All the foregoing assessments fees shall be taxed as costs |
11 | | to be collected from
the defendant , if possible, upon |
12 | | conviction . But in cases of inquiry
into the mental illness of |
13 | | any person alleged to be mentally ill, in
cases on a charge of |
14 | | paternity and in cases of appeal in the Supreme or
Appellate |
15 | | Court, where judgment is in favor of the accused, the |
16 | | assessments fees
allowed the State's attorney therein shall be |
17 | | retained out of the fines
and forfeitures collected by them in |
18 | | other cases.
|
19 | | Ten per cent of all moneys except revenue, collected by |
20 | | them and paid
over to the authorities entitled thereto, which |
21 | | per cent together with
the assessments fees provided for herein |
22 | | that are not collected from the parties
tried or examined, |
23 | | shall be paid out of any fines and forfeited
recognizances |
24 | | collected by them, provided however, that in proceedings
to |
25 | | foreclose the lien of delinquent real estate taxes State's |
26 | | attorneys
shall receive an assessment a fee , to be credited to |
|
| | 10000HB2591ham001 | - 53 - | LRB100 06972 MRW 22771 a |
|
|
1 | | the earnings of their office, of 10%
of the total amount |
2 | | realized from the sale of real estate sold in such
proceedings. |
3 | | Such assessments fees shall be paid from the total amount |
4 | | realized from
the sale of the real estate sold in such |
5 | | proceedings.
|
6 | | State's attorneys shall have a lien for their assessments |
7 | | fees on all judgments
for fines or forfeitures procured by them |
8 | | and on moneys except revenue
received by them until such |
9 | | assessments fees and earnings are fully paid.
|
10 | | No fees shall be charged on more than 10 counts in any one |
11 | | indictment
or information on trial and conviction; nor on more |
12 | | than 10 counts
against any one defendant on pleas of guilty.
|
13 | | The Circuit Court may direct that of all monies received, |
14 | | by
restitution or otherwise, which monies are ordered paid to |
15 | | the
Department of Healthcare and Family Services (formerly |
16 | | Department of Public Aid) or the Department of Human Services |
17 | | (acting as
successor to the Department of Public Aid under the |
18 | | Department of Human
Services Act) as a direct result of the |
19 | | efforts
of the
State's attorney and which payments arise from |
20 | | Civil or Criminal
prosecutions involving the Illinois Public |
21 | | Aid Code or the Criminal Code,
the
following amounts shall be |
22 | | paid quarterly by the Department of Healthcare and Family |
23 | | Services or the Department of Human Services to the General |
24 | | Corporate Fund of
the County in which the prosecution
or cause |
25 | | of action took place:
|
26 | | (1) where the monies result from child support |
|
| | 10000HB2591ham001 | - 54 - | LRB100 06972 MRW 22771 a |
|
|
1 | | obligations, not
more than 25% of the federal share of the |
2 | | monies received,
|
3 | | (2) where the monies result from other than child |
4 | | support
obligations, not more than 25% of the State's share |
5 | | of the monies received.
|
6 | | In addition to any other amounts to which State's Attorneys |
7 | | are entitled under this Section, State's Attorneys are entitled |
8 | | to $10 of the fine that is imposed under Section 5-9-1.17 of |
9 | | the Unified Code of Corrections, as set forth in that Section. |
10 | | (b) (Blank). A municipality shall be entitled to a $25 |
11 | | prosecution fee for each
conviction for a violation of the |
12 | | Illinois Vehicle Code prosecuted by the
municipal attorney |
13 | | pursuant to Section 16-102 of that Code which results in a |
14 | | finding of guilt
before a circuit or associate judge or in |
15 | | which a defendant has stipulated to the facts supporting the |
16 | | charge or a finding of guilt and the court has entered an order |
17 | | of supervision and shall be entitled to a $25
prosecution fee |
18 | | for each conviction for a violation of a municipal vehicle
|
19 | | ordinance or nontraffic ordinance which results in a finding of |
20 | | guilt before a circuit or associate judge or in which a |
21 | | defendant has stipulated to the facts supporting the charge or |
22 | | a finding of guilt and the court has entered an order of |
23 | | supervision. Such fee shall be taxed as
costs to be collected |
24 | | from the defendant, if possible, upon disposition of the case. |
25 | | A
municipality shall have a lien for such prosecution fees on |
26 | | all judgments or
fines procured by the municipal attorney from |
|
| | 10000HB2591ham001 | - 55 - | LRB100 06972 MRW 22771 a |
|
|
1 | | prosecutions for violations of
the Illinois Vehicle Code and |
2 | | municipal vehicle ordinances or nontraffic
ordinances.
|
3 | | For the purposes of this subsection (b), "municipal vehicle |
4 | | ordinance"
means any ordinance enacted pursuant to Sections |
5 | | 11-40-1, 11-40-2, 11-40-2a and
11-40-3 of the Illinois |
6 | | Municipal Code or any ordinance enacted by a
municipality which |
7 | | is similar to a provision of Chapter 11 of the Illinois
Vehicle |
8 | | Code.
|
9 | | (Source: P.A. 96-707, eff. 1-1-10; 96-1186, eff. 7-22-10; |
10 | | 97-331, eff. 8-12-11; 97-673, eff. 6-1-12; 97-1150, eff. |
11 | | 1-25-13.)
|
12 | | (55 ILCS 5/4-2002.1) (from Ch. 34, par. 4-2002.1)
|
13 | | Sec. 4-2002.1. State's attorney assessments fees in |
14 | | counties of 3,000,000 or more
population. This Section applies |
15 | | only to counties with 3,000,000 or more
inhabitants.
|
16 | | (a) State's attorneys shall be entitled to the following |
17 | | assessments fees :
|
18 | | For each conviction in prosecutions on indictments for |
19 | | first degree
murder, second degree murder, involuntary |
20 | | manslaughter, criminal sexual
assault, aggravated criminal |
21 | | sexual assault, aggravated criminal sexual
abuse, kidnapping, |
22 | | arson and forgery, $60. All other cases punishable by
|
23 | | imprisonment in the penitentiary, $60.
|
24 | | For each conviction in other cases tried before judges of |
25 | | the circuit
court, $30; except that if the conviction is in a |
|
| | 10000HB2591ham001 | - 56 - | LRB100 06972 MRW 22771 a |
|
|
1 | | case which may be
assigned to an associate judge, whether or |
2 | | not it is in fact assigned to
an associate judge, the fee shall |
3 | | be $20.
|
4 | | For preliminary examinations for each defendant held to |
5 | | bail or
recognizance, $20.
|
6 | | For each examination of a party bound over to keep the |
7 | | peace, $20.
|
8 | | For each defendant held to answer in a circuit court on a |
9 | | charge of
paternity, $20.
|
10 | | For each trial on a charge of paternity, $60.
|
11 | | For each case of appeal taken from his county or from the |
12 | | county to
which a change of venue is taken to his county to the |
13 | | Supreme or
Appellate Court when prosecuted or defended by him, |
14 | | $100.
|
15 | | For each day actually employed in the trial of a case, $50; |
16 | | in which
case the court before whom the case is tried shall |
17 | | make an order
specifying the number of days for which a per |
18 | | diem shall be allowed.
|
19 | | For each day actually employed in the trial of cases of |
20 | | felony
arising in their respective counties and taken by change |
21 | | of venue to
another county, $50; and the court before whom the |
22 | | case is tried shall
make an order specifying the number of days |
23 | | for which said per diem
shall be allowed; and it is hereby made |
24 | | the duty of each State's
attorney to prepare and try each case |
25 | | of felony arising when so taken by
change of venue.
|
26 | | For assisting in a trial of each case on an indictment for |
|
| | 10000HB2591ham001 | - 57 - | LRB100 06972 MRW 22771 a |
|
|
1 | | felony
brought by change of venue to their respective counties, |
2 | | the same fees
they would be entitled to if such indictment had |
3 | | been found for an
offense committed in his county, and it shall |
4 | | be the duty of the
State's attorney of the county to which such |
5 | | cause is taken by
change of venue to assist in the trial |
6 | | thereof.
|
7 | | For each case of forfeited recognizance where the |
8 | | forfeiture is set
aside at the instance of the defense, in |
9 | | addition to the ordinary costs,
$20 for each defendant.
|
10 | | For each proceeding in a circuit court to inquire into the |
11 | | alleged
mental illness of any person, $20 for each defendant.
|
12 | | For each proceeding in a circuit court to inquire into the |
13 | | alleged
dependency or delinquency of any child, $20.
|
14 | | For each day actually employed in the hearing of a case of |
15 | | habeas
corpus in which the people are interested, $50.
|
16 | | All the foregoing assessments fees shall be taxed as costs |
17 | | to be collected from
the defendant , if possible, upon |
18 | | conviction . But in cases of inquiry
into the mental illness of |
19 | | any person alleged to be mentally ill, in
cases on a charge of |
20 | | paternity and in cases of appeal in the Supreme or
Appellate |
21 | | Court, where judgment is in favor of the accused, the |
22 | | assessments fees
allowed the State's attorney therein shall be |
23 | | retained out of the fines
and forfeitures collected by them in |
24 | | other cases.
|
25 | | Ten per cent of all moneys except revenue, collected by |
26 | | them and paid
over to the authorities entitled thereto, which |
|
| | 10000HB2591ham001 | - 58 - | LRB100 06972 MRW 22771 a |
|
|
1 | | per cent together with
the assessments fees provided for herein |
2 | | that are not collected from the parties
tried or examined, |
3 | | shall be paid out of any fines and forfeited
recognizances |
4 | | collected by them, provided however, that in proceedings
to |
5 | | foreclose the lien of delinquent real estate taxes State's |
6 | | attorneys
shall receive an assessment a fee , to be credited to |
7 | | the earnings of their office, of 10%
of the total amount |
8 | | realized from the sale of real estate sold in such
proceedings. |
9 | | Such assessments fees shall be paid from the total amount |
10 | | realized from
the sale of the real estate sold in such |
11 | | proceedings.
|
12 | | State's attorneys shall have a lien for their assessments |
13 | | fees on all judgments
for fines or forfeitures procured by them |
14 | | and on moneys except revenue
received by them until such |
15 | | assessments fees and earnings are fully paid.
|
16 | | No fees shall be charged on more than 10 counts in any one |
17 | | indictment
or information on trial and conviction; nor on more |
18 | | than 10 counts
against any one defendant on pleas of guilty.
|
19 | | The Circuit Court may direct that of all monies received, |
20 | | by
restitution or otherwise, which monies are ordered paid to |
21 | | the
Department of Healthcare and Family Services (formerly |
22 | | Department of Public Aid) or the Department of Human Services |
23 | | (acting as
successor to the Department of Public Aid under the |
24 | | Department of Human
Services Act) as a direct result of the |
25 | | efforts
of the
State's attorney and which payments arise from |
26 | | Civil or Criminal
prosecutions involving the Illinois Public |
|
| | 10000HB2591ham001 | - 59 - | LRB100 06972 MRW 22771 a |
|
|
1 | | Aid Code or the Criminal Code,
the
following amounts shall be |
2 | | paid quarterly by the Department of Healthcare and Family |
3 | | Services or the Department of Human Services to the General |
4 | | Corporate Fund of
the County in which the prosecution
or cause |
5 | | of action took place:
|
6 | | (1) where the monies result from child support |
7 | | obligations, not
less than 25% of the federal share of the |
8 | | monies received,
|
9 | | (2) where the monies result from other than child |
10 | | support
obligations, not less than 25% of the State's share |
11 | | of the monies received.
|
12 | | In addition to any other amounts to which State's Attorneys |
13 | | are entitled under this Section, State's Attorneys are entitled |
14 | | to $10 of the fine that is imposed under Section 5-9-1.17 of |
15 | | the Unified Code of Corrections, as set forth in that Section. |
16 | | (b) (Blank). A municipality shall be entitled to a $25 |
17 | | prosecution fee for each
conviction for a violation of the |
18 | | Illinois Vehicle Code prosecuted by the
municipal attorney |
19 | | pursuant to Section 16-102 of that Code which is tried
before a |
20 | | circuit or associate judge and shall be entitled to a $25
|
21 | | prosecution fee for each conviction for a violation of a |
22 | | municipal vehicle
ordinance prosecuted by the municipal |
23 | | attorney which is tried before a
circuit or associate judge. |
24 | | Such fee shall be taxed as costs to be
collected from the |
25 | | defendant, if possible, upon conviction. A municipality
shall |
26 | | have a lien for such prosecution fees on all judgments or fines
|
|
| | 10000HB2591ham001 | - 60 - | LRB100 06972 MRW 22771 a |
|
|
1 | | procured by the municipal attorney from prosecutions for |
2 | | violations of the
Illinois Vehicle Code and municipal vehicle |
3 | | ordinances.
|
4 | | (c) (Blank). State's attorneys shall be entitled to a $2 |
5 | | fee to be paid
by the defendant on a judgment of guilty or a |
6 | | grant of supervision for a violation of any provision of the |
7 | | Illinois
Vehicle Code or any felony, misdemeanor, or petty |
8 | | offense to
discharge the expenses of the State's Attorney's |
9 | | office for
establishing and maintaining automated record |
10 | | keeping systems.
The fee shall be remitted monthly to the |
11 | | county treasurer, to
be deposited by him or her into a special |
12 | | fund designated as
the State's Attorney Records Automation |
13 | | Fund. Expenditures
from this fund may be made by the State's |
14 | | Attorney for
hardware, software, research, and development |
15 | | costs and
personnel related thereto. |
16 | | For the purposes of this subsection (b), "municipal vehicle |
17 | | ordinance"
means any ordinance enacted pursuant to Sections |
18 | | 11-40-1, 11-40-2, 11-40-2a, and
11-40-3 of the Illinois |
19 | | Municipal Code or any ordinance enacted by a
municipality which |
20 | | is similar to a provision of Chapter 11 of the Illinois
Vehicle |
21 | | Code.
|
22 | | (Source: P.A. 96-707, eff. 1-1-10; 96-1186, eff. 7-22-10; |
23 | | 97-673, eff. 6-1-12; revised 10-31-16.)
|
24 | | (55 ILCS 5/4-2004) (from Ch. 34, par. 4-2004)
|
25 | | Sec. 4-2004. Collection and disposition of fines and |
|
| | 10000HB2591ham001 | - 61 - | LRB100 06972 MRW 22771 a |
|
|
1 | | forfeitures. It
shall be the duty of State's attorneys to |
2 | | attend to the collection of all
fines and forfeitures in |
3 | | criminal cases, and they shall, without delay, pay
over all |
4 | | fines and forfeitures collected by them to the county treasurer |
5 | | to
be deposited into the general corporate fund of the county, |
6 | | except as
otherwise specifically provided by law and except for |
7 | | such portion as is
required by Section 9.1 of "The Illinois |
8 | | Police Training Act" and Section
5-9-1 of the "Unified Code of |
9 | | Corrections" to be paid into The Traffic and
Criminal |
10 | | Conviction Surcharge Fund in the State Treasury, unless the
|
11 | | fines and forfeitures are subject to disbursement by the |
12 | | circuit clerk
under Section 27.5 of the Clerks of Courts Act .
|
13 | | (Source: P.A. 86-962; 87-670.)
|
14 | | (55 ILCS 5/4-2005) (from Ch. 34, par. 4-2005)
|
15 | | Sec. 4-2005. Payment of salaries; disposition of fees. The |
16 | | salaries
of the State's attorneys, excepting that part which is |
17 | | to be paid out of
the State treasury as now provided for by |
18 | | law, and the salaries of all
Assistant State's attorneys shall |
19 | | be paid out of the general corporate fund
of the county |
20 | | treasury of the county in which the State's attorney resides,
|
21 | | on the order of the county board by the treasurer of the |
22 | | county: The fees
which are now, or may hereafter, be provided |
23 | | by law to be paid by the
defendant or defendants, as State's |
24 | | attorney's fees, shall be taxed as
costs and all fees, fines, |
25 | | forfeitures and penalties shall be collected by
the State's |
|
| | 10000HB2591ham001 | - 62 - | LRB100 06972 MRW 22771 a |
|
|
1 | | attorney, except as
otherwise specifically provided by law for |
2 | | those amounts required by Section 9.1 of
the "Illinois Police |
3 | | Training Act" and Section 5-9-1 of the "Unified Code
of |
4 | | Corrections" to be paid into The Traffic and Criminal |
5 | | Conviction
Surcharge Fund and those amounts subject to |
6 | | disbursement by the
circuit clerk under Section 27.5 of the |
7 | | Clerks of Courts Act , and shall
be paid by him directly into |
8 | | the county treasury
to be deposited into the general corporate |
9 | | fund of the county. The county
treasurer shall receipt |
10 | | therefor.
|
11 | | (Source: P.A. 86-962; 87-670.)
|
12 | | (55 ILCS 5/4-2006) (from Ch. 34, par. 4-2006)
|
13 | | Sec. 4-2006. Report of fees.
|
14 | | (a) It is hereby made the duty of all State's attorneys to |
15 | | report to
the circuit court at such times as the court shall |
16 | | determine by rule, the
payment and collection of all fees, |
17 | | fines, forfeitures and penalties and to
satisfy the court by |
18 | | voucher or otherwise, that all fees, fines,
forfeitures and |
19 | | penalties by them collected, except as
otherwise specifically |
20 | | provided by law for those amounts required
by Section 9.1 of |
21 | | the Illinois Police Training Act and Section 5-9-1
of the |
22 | | Unified Code of Corrections to be paid into the Traffic and
|
23 | | Criminal Conviction Surcharge Fund , have been duly paid over to
|
24 | | the county treasurer, as required by Section 4-2005, and the
|
25 | | State's attorney shall have no further interest in conviction |
|
| | 10000HB2591ham001 | - 63 - | LRB100 06972 MRW 22771 a |
|
|
1 | | fees, fines,
forfeitures and penalties or moneys collected by |
2 | | virtue of such office. The
court shall note the filing of the |
3 | | report and fix a day certain not less
than 30 days thereafter, |
4 | | when objections in writing may be filed to such
report by any |
5 | | one or more taxpayers of the county, and when objections are
|
6 | | filed to such report a hearing may be had upon such report and |
7 | | objections
at such time and in such manner as the court may |
8 | | direct and after such
hearing the court may approve or |
9 | | disapprove of such report as justice may
require, and make all |
10 | | proper orders in reference thereto, and if no
objections have |
11 | | been filed, the court shall inspect such report and require
the |
12 | | State's attorney to produce evidence in proof of his having |
13 | | paid over
as required by law all fines and forfeitures |
14 | | collected by him; and if it
appears to the court that any |
15 | | State's attorney has failed or refused to
turn over the fines |
16 | | and forfeitures collected by him as required by law the
court |
17 | | shall at once suspend him and appoint a State's attorney pro |
18 | | tempore
to perform the duties of the office until such State's |
19 | | attorney shall have
complied with the provisions of this |
20 | | Division or the orders of
the court in regard thereto. The |
21 | | court, for the purpose of carrying out the
provisions of this |
22 | | Section shall have the power to examine books and papers
and to |
23 | | issue subpoenas to compel the appearance of persons and the
|
24 | | production of books and records: Provided, however, no order |
25 | | entered under
this Section shall be a bar to any proper |
26 | | proceedings against such State's
attorney and his bondsman to |
|
| | 10000HB2591ham001 | - 64 - | LRB100 06972 MRW 22771 a |
|
|
1 | | require him to account for moneys collected
and not paid over |
2 | | by him as required by law.
|
3 | | (b) Waiver of report of fees. The filing of the report of |
4 | | fees as
provided by subsection (a) of this Section may be |
5 | | waived by written
administrative order of the chief judge of |
6 | | the circuit upon written request
and affidavit of the State's |
7 | | attorney of a county within the circuit that
all fines, fees, |
8 | | forfeitures, and restitution are collected by the clerk of
the |
9 | | circuit court and that none of those funds pass through the |
10 | | office of
the State's attorney.
|
11 | | (Source: P.A. 86-962; 87-1201 .)
|
12 | | Section 3-10. The Illinois Vehicle Code is amended by |
13 | | changing Sections 2-120, 6-118, 11-501.01, 11-605, 11-605.1, |
14 | | 11-605.3, 11-1002.5, and 16-105 as follows:
|
15 | | (625 ILCS 5/2-120) (from Ch. 95 1/2, par. 2-120)
|
16 | | Sec. 2-120. Disposition of fines and forfeitures.
|
17 | | (a) Except as provided in subsection (f) of Section 11-605 |
18 | | and subsection (c) of Section 11-1002.5 of
this Code, fines and
|
19 | | penalties recovered under the provisions of this Act |
20 | | administered by the
Secretary of State, except those fines , |
21 | | assessments, and penalties subject to
disbursement by the |
22 | | circuit clerk under the Criminal and Traffic Assessment Act |
23 | | Section 27.5 of the Clerks of
Courts Act , shall be paid over |
24 | | and used as follows:
|
|
| | 10000HB2591ham001 | - 65 - | LRB100 06972 MRW 22771 a |
|
|
1 | | 1. For violations of this Act committed within the |
2 | | limits of an
incorporated city or village, to the treasurer |
3 | | of the
particular city or village, if arrested by the |
4 | | authorities of the city
or village and reasonably |
5 | | prosecuted for all fines and penalties under
this Act by |
6 | | the police officers and officials of the city or village.
|
7 | | 2. For violations of this Act committed outside the |
8 | | limits of an
incorporated city or village to the county |
9 | | treasurer of the court where
the offense was committed.
|
10 | | 3. For the purposes of this Act an offense for |
11 | | violation of any
provision of this Act not committed upon |
12 | | the highway shall be deemed to
be committed where the |
13 | | violator resides or where he has a place of
business |
14 | | requiring some registration, permit or license to operate |
15 | | such
business under this Act.
|
16 | | (b) Failure, refusal or neglect on the part of any
judicial |
17 | | or other officer or employee receiving or having custody of any
|
18 | | such fine or forfeiture either before or after a deposit with |
19 | | the proper
official as defined in paragraph (a) of this |
20 | | Section, shall constitute
misconduct in office and shall be |
21 | | grounds for removal therefrom.
|
22 | | (Source: P.A. 95-302, eff. 1-1-08.)
|
23 | | (625 ILCS 5/6-118)
|
24 | | Sec. 6-118. Fees. |
25 | | (a) The fee for licenses and permits under this
Article is |
|
| | 10000HB2591ham001 | - 66 - | LRB100 06972 MRW 22771 a |
|
|
1 | | as follows: |
2 | | Original driver's license .............................$30 |
3 | | Original or renewal driver's license |
4 | | issued to 18, 19 and 20 year olds .................. 5 |
5 | | All driver's licenses for persons |
6 | | age 69 through age 80 .............................. 5 |
7 | | All driver's licenses for persons |
8 | | age 81 through age 86 .............................. 2 |
9 | | All driver's licenses for persons |
10 | | age 87 or older .....................................0 |
11 | | Renewal driver's license (except for |
12 | | applicants ages 18, 19 and 20 or |
13 | | age 69 and older) ..................................30 |
14 | | Original instruction permit issued to |
15 | | persons (except those age 69 and older) |
16 | | who do not hold or have not previously |
17 | | held an Illinois instruction permit or |
18 | | driver's license .................................. 20 |
19 | | Instruction permit issued to any person |
20 | | holding an Illinois driver's license |
21 | | who wishes a change in classifications, |
22 | | other than at the time of renewal .................. 5 |
23 | | Any instruction permit issued to a person |
24 | | age 69 and older ................................... 5 |
25 | | Instruction permit issued to any person, |
26 | | under age 69, not currently holding a |
|
| | 10000HB2591ham001 | - 67 - | LRB100 06972 MRW 22771 a |
|
|
1 | | valid Illinois driver's license or |
2 | | instruction permit but who has |
3 | | previously been issued either document |
4 | | in Illinois ....................................... 10 |
5 | | Restricted driving permit .............................. 8 |
6 | | Monitoring device driving permit ...................... 8 |
7 | | Duplicate or corrected driver's license |
8 | | or permit .......................................... 5 |
9 | | Duplicate or corrected restricted |
10 | | driving permit ..................................... 5 |
11 | | Duplicate or corrected monitoring |
12 | | device driving permit .................................. 5 |
13 | | Duplicate driver's license or permit issued to |
14 | | an active-duty member of the |
15 | | United States Armed Forces, |
16 | | the member's spouse, or |
17 | | the dependent children living |
18 | | with the member ................................... 0 |
19 | | Original or renewal M or L endorsement ................. 5 |
20 | | SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE |
21 | | The fees for commercial driver licenses and permits |
22 | | under Article V
shall be as follows: |
23 | | Commercial driver's license: |
24 | | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund |
25 | | (Commercial Driver's License Information |
26 | | System/American Association of Motor Vehicle |
|
| | 10000HB2591ham001 | - 68 - | LRB100 06972 MRW 22771 a |
|
|
1 | | Administrators network/National Motor Vehicle |
2 | | Title Information Service Trust Fund); |
3 | | $20 for the Motor Carrier Safety Inspection Fund; |
4 | | $10 for the driver's license; |
5 | | and $24 for the CDL: ............................. $60 |
6 | | Renewal commercial driver's license: |
7 | | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund; |
8 | | $20 for the Motor Carrier Safety Inspection Fund; |
9 | | $10 for the driver's license; and |
10 | | $24 for the CDL: ................................. $60 |
11 | | Commercial learner's permit |
12 | | issued to any person holding a valid |
13 | | Illinois driver's license for the |
14 | | purpose of changing to a |
15 | | CDL classification: $6 for the |
16 | | CDLIS/AAMVAnet/NMVTIS Trust Fund; |
17 | | $20 for the Motor Carrier |
18 | | Safety Inspection Fund; and |
19 | | $24 for the CDL classification ................... $50 |
20 | | Commercial learner's permit |
21 | | issued to any person holding a valid |
22 | | Illinois CDL for the purpose of |
23 | | making a change in a classification, |
24 | | endorsement or restriction ........................ $5 |
25 | | CDL duplicate or corrected license .................... $5 |
26 | | In order to ensure the proper implementation of the Uniform |
|
| | 10000HB2591ham001 | - 69 - | LRB100 06972 MRW 22771 a |
|
|
1 | | Commercial
Driver License Act, Article V of this Chapter, the |
2 | | Secretary of State is
empowered to pro-rate the $24 fee for the |
3 | | commercial driver's license
proportionate to the expiration |
4 | | date of the applicant's Illinois driver's
license. |
5 | | The fee for any duplicate license or permit shall be waived |
6 | | for any
person who presents the Secretary of State's office |
7 | | with a
police report showing that his license or permit was |
8 | | stolen. |
9 | | The fee for any duplicate license or permit shall be waived |
10 | | for any
person age 60 or older whose driver's license or permit |
11 | | has been lost or stolen. |
12 | | No additional fee shall be charged for a driver's license, |
13 | | or for a
commercial driver's license, when issued
to the holder |
14 | | of an instruction permit for the same classification or
type of |
15 | | license who becomes eligible for such
license. |
16 | | (b) Any person whose license or privilege to operate a |
17 | | motor vehicle
in this State has been suspended or revoked under |
18 | | Section 3-707, any
provision of
Chapter 6, Chapter 11, or |
19 | | Section 7-205, 7-303, or 7-702 of the Family
Financial
|
20 | | Responsibility Law of this Code, shall in addition to any other
|
21 | | fees required by this Code, pay a reinstatement fee as follows: |
22 | | Suspension under Section 3-707 .....................
$100
|
23 | | Suspension under Section 11-1431 ....................$100 |
24 | | Summary suspension under Section 11-501.1 ...........$250
|
25 | | Suspension under Section 11-501.9 ...................$250 |
26 | | Summary revocation under Section 11-501.1 ............$500 |
|
| | 10000HB2591ham001 | - 70 - | LRB100 06972 MRW 22771 a |
|
|
1 | | Other suspension ......................................$70 |
2 | | Revocation ...........................................$500 |
3 | | However, any person whose license or privilege to operate a |
4 | | motor vehicle
in this State has been suspended or revoked for a |
5 | | second or subsequent time
for a violation of Section 11-501, |
6 | | 11-501.1, or 11-501.9
of this Code or a similar provision of a |
7 | | local ordinance
or a similar out-of-state offense
or Section |
8 | | 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
|
9 | | and each suspension or revocation was for a violation of |
10 | | Section 11-501,
11-501.1, or 11-501.9 of this Code or a similar |
11 | | provision of a local ordinance
or a similar out-of-state |
12 | | offense
or Section
9-3 of the Criminal Code of 1961 or the |
13 | | Criminal Code of 2012
shall pay, in addition to any other
fees |
14 | | required by this Code, a
reinstatement
fee as follows: |
15 | | Summary suspension under Section 11-501.1 ............$500 |
16 | | Suspension under Section 11-501.9 ...................$500 |
17 | | Summary revocation under Section 11-501.1 ............$500 |
18 | | Revocation ...........................................$500 |
19 | | However, the Secretary shall collect only one fee equal to |
20 | | the highest amount due for any one sanction in satisfaction of |
21 | | all fees due for multiple sanctions for violation of Sections |
22 | | 11-501, 11-501.1, or 11-501.9 of this Code or a similar |
23 | | provision of a local ordinance or a similar out-of-state |
24 | | offense or Section 9-3 of the Criminal Code of 1961 or the |
25 | | Criminal Code of 2012. |
26 | | (c) All fees collected under the provisions of this Chapter |
|
| | 10000HB2591ham001 | - 71 - | LRB100 06972 MRW 22771 a |
|
|
1 | | 6 shall be disbursed under subsection (g) of Section 2-119 of |
2 | | this Code,
except as follows: |
3 | | 1. The following amounts shall be paid into the Drivers |
4 | | Education Fund: |
5 | | (A) $16 of the $20
fee for an original driver's |
6 | | instruction permit; |
7 | | (B) $5 of the $30 fee for an original driver's |
8 | | license; |
9 | | (C) $5 of the $30 fee for a 4 year renewal driver's |
10 | | license;
|
11 | | (D) $4 of the $8 fee for a restricted driving |
12 | | permit; and |
13 | | (E) $4 of the $8 fee for a monitoring device |
14 | | driving permit. |
15 | | 2. $30 of the $250 fee for reinstatement of a
license
|
16 | | summarily suspended under Section 11-501.1 or suspended |
17 | | under Section 11-501.9 shall be deposited into the
Drunk |
18 | | and Drugged Driving Prevention Fund.
However, for a person |
19 | | whose license or privilege to operate a motor vehicle
in |
20 | | this State has been suspended or revoked for a second or |
21 | | subsequent time for
a violation of Section 11-501, |
22 | | 11-501.1, or 11-501.9 of this Code or Section 9-3 of the
|
23 | | Criminal Code of 1961 or the Criminal Code of 2012,
$190 of |
24 | | the $500 fee for reinstatement of a license summarily
|
25 | | suspended under
Section 11-501.1 or suspended under |
26 | | Section 11-501.9,
and $190 of the $500 fee for |
|
| | 10000HB2591ham001 | - 72 - | LRB100 06972 MRW 22771 a |
|
|
1 | | reinstatement of a revoked license
shall be deposited into |
2 | | the Drunk and Drugged Driving Prevention Fund. $190 of the |
3 | | $500 fee for reinstatement of a license summarily revoked |
4 | | pursuant to Section 11-501.1 shall be deposited into the |
5 | | Drunk and Drugged Driving Prevention Fund. |
6 | | 3. $6 of the original or renewal fee for a commercial |
7 | | driver's
license and $6 of the commercial learner's permit |
8 | | fee when the
permit is issued to any person holding a valid |
9 | | Illinois driver's license,
shall be paid into the |
10 | | CDLIS/AAMVAnet/NMVTIS Trust Fund. |
11 | | 4. $30 of the $70 fee for reinstatement of a license |
12 | | suspended
under the
Family
Financial Responsibility Law |
13 | | shall be paid into the Family Responsibility
Fund. |
14 | | 5. The $5 fee for each original or renewal M or L |
15 | | endorsement shall be
deposited into the Cycle Rider Safety |
16 | | Training Fund. |
17 | | 6. $20 of any original or renewal fee for a commercial |
18 | | driver's
license or commercial learner's permit shall be |
19 | | paid into the Motor
Carrier Safety Inspection Fund. |
20 | | 7. The following amounts shall be paid into the General |
21 | | Revenue Fund: |
22 | | (A) $190 of the $250 reinstatement fee for a |
23 | | summary suspension under
Section 11-501.1 or a |
24 | | suspension under Section 11-501.9; |
25 | | (B) $40 of the $70 reinstatement fee for any other |
26 | | suspension provided
in subsection (b) of this Section; |
|
| | 10000HB2591ham001 | - 73 - | LRB100 06972 MRW 22771 a |
|
|
1 | | and |
2 | | (C) $440 of the $500 reinstatement fee for a first |
3 | | offense revocation
and $310 of the $500 reinstatement |
4 | | fee for a second or subsequent revocation. |
5 | | 8. Fees collected under paragraph (4) of subsection (d) |
6 | | and subsection (h) of Section 6-205 of this Code; |
7 | | subparagraph (C) of paragraph 3 of subsection (c) of |
8 | | Section 6-206 of this Code; and paragraph (4) of subsection |
9 | | (a) of Section 6-206.1 of this Code, shall be paid into the |
10 | | funds set forth in those Sections. |
11 | | (d) All of the proceeds of the additional fees imposed by |
12 | | this amendatory Act of the 96th General Assembly shall be |
13 | | deposited into the Capital Projects Fund. |
14 | | (e) The additional fees imposed by this amendatory Act of |
15 | | the 96th General Assembly shall become effective 90 days after |
16 | | becoming law. |
17 | | (f) As used in this Section, "active-duty member of the |
18 | | United States Armed Forces" means a member of the Armed |
19 | | Services or Reserve Forces of the United States or a member of |
20 | | the Illinois National Guard who is called to active duty |
21 | | pursuant to an executive order of the President of the United |
22 | | States, an act of the Congress of the United States, or an |
23 | | order of the Governor. |
24 | | (Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section |
25 | | 10 of P.A. 99-414 for the effective date of changes made by |
26 | | P.A. 98-176); 98-177, eff. 1-1-14; 98-756, eff. 7-16-14; |
|
| | 10000HB2591ham001 | - 74 - | LRB100 06972 MRW 22771 a |
|
|
1 | | 98-1172, eff. 1-12-15; 99-127, eff. 1-1-16; 99-438, eff. |
2 | | 1-1-16; 99-642, eff. 7-28-16; 99-933, eff. 1-27-17.) |
3 | | (625 ILCS 5/11-501.01)
|
4 | | Sec. 11-501.01. Additional administrative sanctions. |
5 | | (a) After a finding of guilt and prior to any final |
6 | | sentencing or an order for supervision, for an offense based |
7 | | upon an arrest for a violation of Section 11-501 or a similar |
8 | | provision of a local ordinance, individuals shall be required |
9 | | to undergo a professional evaluation to determine if an |
10 | | alcohol, drug, or intoxicating compound abuse problem exists |
11 | | and the extent of the problem, and undergo the imposition of |
12 | | treatment as appropriate. Programs conducting these |
13 | | evaluations shall be licensed by the Department of Human |
14 | | Services. The cost of any professional evaluation shall be paid |
15 | | for by the individual required to undergo the professional |
16 | | evaluation. |
17 | | (b) Any person who is found guilty of or pleads guilty to |
18 | | violating Section 11-501, including any person receiving a |
19 | | disposition of court supervision for violating that Section, |
20 | | may be required by the Court to attend a victim impact panel |
21 | | offered by, or under contract with, a county State's Attorney's |
22 | | office, a probation and court services department, Mothers |
23 | | Against Drunk Driving, or the Alliance Against Intoxicated |
24 | | Motorists. All costs generated by the victim impact panel shall |
25 | | be paid from fees collected from the offender or as may be |
|
| | 10000HB2591ham001 | - 75 - | LRB100 06972 MRW 22771 a |
|
|
1 | | determined by the court. |
2 | | (c) (Blank). Every person found guilty of violating Section |
3 | | 11-501, whose operation of a motor vehicle while in violation |
4 | | of that Section proximately caused any incident resulting in an |
5 | | appropriate emergency response, shall be liable for the expense |
6 | | of an emergency response as provided in subsection (i) of this |
7 | | Section. |
8 | | (d) The Secretary of State shall revoke the driving |
9 | | privileges of any person convicted under Section 11-501 or a |
10 | | similar provision of a local ordinance. |
11 | | (e) The Secretary of State shall require the use of |
12 | | ignition interlock devices for a period not less than 5 years |
13 | | on all vehicles owned by a person who has been convicted of a |
14 | | second or subsequent offense of Section 11-501 or a similar |
15 | | provision of a local ordinance. The person must pay to the |
16 | | Secretary of State DUI Administration Fund an amount not to |
17 | | exceed $30 for each month that he or she uses the device. The |
18 | | Secretary shall establish by rule and regulation the procedures |
19 | | for certification and use of the interlock system, the amount |
20 | | of the fee, and the procedures, terms, and conditions relating |
21 | | to these fees. During the time period in which a person is |
22 | | required to install an ignition interlock device under this |
23 | | subsection (e), that person shall only operate vehicles in |
24 | | which ignition interlock devices have been installed, except as |
25 | | allowed by subdivision (c)(5) or (d)(5) of Section 6-205 of |
26 | | this Code. |
|
| | 10000HB2591ham001 | - 76 - | LRB100 06972 MRW 22771 a |
|
|
1 | | (f) (Blank). In addition to any other penalties and |
2 | | liabilities, a person who is found guilty of or pleads guilty |
3 | | to violating Section 11-501, including any person placed on |
4 | | court supervision for violating Section 11-501, shall be |
5 | | assessed $750, payable to the circuit clerk, who shall |
6 | | distribute the money as follows: $350 to the law enforcement |
7 | | agency that made the arrest, and $400 shall be forwarded to the |
8 | | State Treasurer for deposit into the General Revenue Fund. If |
9 | | the person has been previously convicted of violating Section |
10 | | 11-501 or a similar provision of a local ordinance, the fine |
11 | | shall be $1,000, and the circuit clerk shall distribute
$200 to |
12 | | the law enforcement agency that
made the arrest and $800 to the |
13 | | State
Treasurer for deposit into the General Revenue Fund. In |
14 | | the event that more than one agency is responsible for the |
15 | | arrest, the amount payable to law enforcement agencies shall be |
16 | | shared equally. Any moneys received by a law enforcement agency |
17 | | under this subsection (f) shall be used for enforcement and |
18 | | prevention of driving while under the influence of alcohol, |
19 | | other drug or drugs, intoxicating compound or compounds or any |
20 | | combination thereof, as defined by Section 11-501 of this Code, |
21 | | including but not limited to the purchase of law enforcement |
22 | | equipment and commodities that will assist in the prevention of |
23 | | alcohol related criminal violence throughout the State; police |
24 | | officer training and education in areas related to alcohol |
25 | | related crime, including but not limited to DUI training; and |
26 | | police officer salaries, including but not limited to salaries |
|
| | 10000HB2591ham001 | - 77 - | LRB100 06972 MRW 22771 a |
|
|
1 | | for hire back funding for safety checkpoints, saturation |
2 | | patrols, and liquor store sting operations. Any moneys received |
3 | | by the Department of State Police under this subsection (f) |
4 | | shall be deposited into the State Police DUI Fund and shall be |
5 | | used to purchase law enforcement equipment that will assist in |
6 | | the prevention of alcohol related criminal violence throughout |
7 | | the State. |
8 | | (g) (Blank). The Secretary of State Police DUI Fund is |
9 | | created as a special fund in the State treasury. All moneys |
10 | | received by the Secretary of State Police under subsection (f) |
11 | | of this Section shall be deposited into the Secretary of State |
12 | | Police DUI Fund and, subject to appropriation, shall be used |
13 | | for enforcement and prevention of driving while under the |
14 | | influence of alcohol, other drug or drugs, intoxicating |
15 | | compound or compounds or any combination thereof, as defined by |
16 | | Section 11-501 of this Code, including but not limited to the |
17 | | purchase of law enforcement equipment and commodities to assist |
18 | | in the prevention of alcohol related criminal violence |
19 | | throughout the State; police officer training and education in |
20 | | areas related to alcohol related crime, including but not |
21 | | limited to DUI training; and police officer salaries, including |
22 | | but not limited to salaries for hire back funding for safety |
23 | | checkpoints, saturation patrols, and liquor store sting |
24 | | operations. |
25 | | (h) Whenever an individual is sentenced for an offense |
26 | | based upon an arrest for a violation of Section 11-501 or a |
|
| | 10000HB2591ham001 | - 78 - | LRB100 06972 MRW 22771 a |
|
|
1 | | similar provision of a local ordinance, and the professional |
2 | | evaluation recommends remedial or rehabilitative treatment or |
3 | | education, neither the treatment nor the education shall be the |
4 | | sole disposition and either or both may be imposed only in |
5 | | conjunction with another disposition. The court shall monitor |
6 | | compliance with any remedial education or treatment |
7 | | recommendations contained in the professional evaluation. |
8 | | Programs conducting alcohol or other drug evaluation or |
9 | | remedial education must be licensed by the Department of Human |
10 | | Services. If the individual is not a resident of Illinois, |
11 | | however, the court may accept an alcohol or other drug |
12 | | evaluation or remedial education program in the individual's |
13 | | state of residence. Programs providing treatment must be |
14 | | licensed under existing applicable alcoholism and drug |
15 | | treatment licensure standards. |
16 | | (i) (Blank). In addition to any other fine or penalty |
17 | | required by law, an individual convicted of a violation of |
18 | | Section 11-501, Section 5-7 of the Snowmobile Registration and |
19 | | Safety Act, Section 5-16 of the Boat Registration and Safety |
20 | | Act, or a similar provision, whose operation of a motor |
21 | | vehicle, snowmobile, or watercraft while in violation of |
22 | | Section 11-501, Section 5-7 of the Snowmobile Registration and |
23 | | Safety Act, Section 5-16 of the Boat Registration and Safety |
24 | | Act, or a similar provision proximately caused an incident |
25 | | resulting in an appropriate emergency response, shall be |
26 | | required to make restitution to a public agency for the costs |
|
| | 10000HB2591ham001 | - 79 - | LRB100 06972 MRW 22771 a |
|
|
1 | | of that emergency response. The restitution may not exceed |
2 | | $1,000 per public agency for each emergency response. As used |
3 | | in this subsection (i), "emergency response" means any incident |
4 | | requiring a response by a police officer, a firefighter carried |
5 | | on the rolls of a regularly constituted fire department, or an |
6 | | ambulance. With respect to funds designated for the Department |
7 | | of State Police, the moneys shall be remitted by the circuit |
8 | | court clerk to the State Police within one month after receipt |
9 | | for deposit into the State Police DUI Fund. With respect to |
10 | | funds designated for the Department of Natural Resources, the |
11 | | Department of Natural Resources shall deposit the moneys into |
12 | | the Conservation Police Operations Assistance Fund.
|
13 | | (j) A person that is subject to a chemical test or tests of |
14 | | blood under subsection (a) of Section 11-501.1 or subdivision |
15 | | (c)(2) of Section 11-501.2 of this Code, whether or not that |
16 | | person consents to testing, shall be liable for the expense up |
17 | | to $500 for blood withdrawal by a physician authorized to |
18 | | practice medicine, a licensed physician assistant, a licensed |
19 | | advanced practice nurse, a registered nurse, a trained |
20 | | phlebotomist, a licensed paramedic, or a qualified person other |
21 | | than a police officer approved by the Department of State |
22 | | Police to withdraw blood, who responds, whether at a law |
23 | | enforcement facility or a health care facility, to a police |
24 | | department request for the drawing of blood based upon refusal |
25 | | of the person to submit to a lawfully requested breath test or |
26 | | probable cause exists to believe the test would disclose the |
|
| | 10000HB2591ham001 | - 80 - | LRB100 06972 MRW 22771 a |
|
|
1 | | ingestion, consumption, or use of drugs or intoxicating |
2 | | compounds if: |
3 | | (1) the person is found guilty of violating Section |
4 | | 11-501 of this Code or a similar provision of a local |
5 | | ordinance; or |
6 | | (2) the person pleads guilty to or stipulates to facts |
7 | | supporting a violation of Section 11-503 of this Code or a |
8 | | similar provision of a local ordinance when the plea or |
9 | | stipulation was the result of a plea agreement in which the |
10 | | person was originally charged with violating Section |
11 | | 11-501 of this Code or a similar local ordinance. |
12 | | (Source: P.A. 98-292, eff. 1-1-14; 98-463, eff. 8-16-13; |
13 | | 98-973, eff. 8-15-14; 99-289, eff. 8-6-15; 99-296, eff. 1-1-16; |
14 | | 99-642, eff. 7-28-16.)
|
15 | | (625 ILCS 5/11-605) (from Ch. 95 1/2, par. 11-605)
|
16 | | Sec. 11-605. Special speed limit while passing schools.
|
17 | | (a) For the purpose of this Section, "school" means the |
18 | | following
entities:
|
19 | | (1) A public or private primary or secondary school.
|
20 | | (2) A primary or secondary school operated by a |
21 | | religious institution.
|
22 | | (3) A public, private, or religious nursery school.
|
23 | | On a school day when school children are present and so |
24 | | close
thereto
that a potential hazard exists because of the |
25 | | close proximity of the motorized
traffic, no person shall drive |
|
| | 10000HB2591ham001 | - 81 - | LRB100 06972 MRW 22771 a |
|
|
1 | | a motor vehicle at a speed in excess of 20 miles
per hour while |
2 | | passing a school zone or while traveling on a roadway on public
|
3 | | school property or upon any public
thoroughfare where children |
4 | | pass going
to and from school.
|
5 | | For the purpose of this Section a school day shall begin at |
6 | | seven ante
meridian and shall conclude at four post meridian.
|
7 | | This Section shall not be applicable unless appropriate |
8 | | signs are posted
upon streets and highways under their |
9 | | respective jurisdiction and
maintained by the Department, |
10 | | township, county, park district, city,
village or incorporated |
11 | | town wherein the school zone is located. With regard
to the |
12 | | special speed limit while passing schools, such signs
shall |
13 | | give proper due warning that a school zone is being approached |
14 | | and
shall indicate the school zone and the maximum speed limit |
15 | | in effect during
school days when school children are present.
|
16 | | (b) (Blank).
|
17 | | (c) Nothing in this Chapter shall
prohibit the use of |
18 | | electronic speed-detecting devices within 500 feet of
signs |
19 | | within a special school speed zone indicating such zone, as |
20 | | defined
in this Section, nor shall evidence obtained thereby be |
21 | | inadmissible in any
prosecution for speeding provided the use |
22 | | of such device shall apply only
to the enforcement of the speed |
23 | | limit in such special school speed zone.
|
24 | | (d) (Blank).
|
25 | | (e) Except as provided in subsection (e-5), a person who |
26 | | violates this Section is guilty of a petty
offense. Violations |
|
| | 10000HB2591ham001 | - 82 - | LRB100 06972 MRW 22771 a |
|
|
1 | | of this Section are punishable with a minimum fine
of $150 for |
2 | | the first violation and a minimum fine of $300 for the second |
3 | | or subsequent violation.
|
4 | | (e-5) A person committing a violation of this Section is |
5 | | guilty of aggravated special speed limit while passing schools |
6 | | when he or she drives a motor vehicle at a speed that is: |
7 | | (1) 26 miles per hour or more but less than 35 miles |
8 | | per hour in excess of the applicable special speed limit |
9 | | established under this Section or a similar provision of a |
10 | | local ordinance and is guilty of a Class B misdemeanor; or |
11 | | (2) 35 miles per hour or more in excess of the |
12 | | applicable special speed limit established under this |
13 | | Section or a similar provision of a local ordinance and is |
14 | | guilty of a Class A misdemeanor. |
15 | | (f) (Blank). When a fine for a violation of subsection (a) |
16 | | is $150 or greater,
the person who violates subsection (a) |
17 | | shall be charged an additional
$50 to be paid to the unit |
18 | | school
district where the
violation
occurred for school safety |
19 | | purposes. If the violation occurred in a dual
school district,
|
20 | | $25 of the surcharge shall be paid to the elementary school |
21 | | district for school
safety
purposes and $25 of the surcharge |
22 | | shall be paid to the high school district for
school
safety |
23 | | purposes. Notwithstanding any other provision of law, the |
24 | | entire $50
surcharge
shall be paid to the appropriate school |
25 | | district or districts.
|
26 | | For purposes of this subsection (f), "school safety |
|
| | 10000HB2591ham001 | - 83 - | LRB100 06972 MRW 22771 a |
|
|
1 | | purposes" includes the
costs
associated with school zone safety |
2 | | education, the Safe Routes to School Program under Section |
3 | | 2705-317 of the Department of Transportation Law of the Civil |
4 | | Administrative Code of Illinois, safety programs within the |
5 | | School Safety and Educational Improvement Block Grant Program |
6 | | under Section 2-3.51.5 of the School Code, and
the purchase, |
7 | | installation, and maintenance of caution lights
which are
|
8 | | mounted on school speed zone signs.
|
9 | | (g) (Blank).
|
10 | | (h) (Blank).
|
11 | | (Source: P.A. 99-212, eff. 1-1-16 .)
|
12 | | (625 ILCS 5/11-605.1) |
13 | | Sec. 11-605.1. Special limit while traveling through a |
14 | | highway construction or maintenance speed zone. |
15 | | (a) A person may not operate a motor vehicle in a |
16 | | construction or maintenance speed zone at a speed in excess of |
17 | | the posted speed limit when workers are present.
|
18 | | (a-5) A person may not operate a motor vehicle in a |
19 | | construction or maintenance speed zone at a speed in excess of |
20 | | the posted speed limit when workers are not present. |
21 | | (b) Nothing in this Chapter prohibits the use of electronic |
22 | | speed-detecting devices within 500 feet of signs within a |
23 | | construction or maintenance speed zone indicating the zone, as |
24 | | defined in this Section, nor shall evidence obtained by use of |
25 | | those devices be inadmissible in any prosecution for speeding, |
|
| | 10000HB2591ham001 | - 84 - | LRB100 06972 MRW 22771 a |
|
|
1 | | provided the use of the device shall apply only to the |
2 | | enforcement of the speed limit in the construction or |
3 | | maintenance speed zone.
|
4 | | (c) As used in this Section, a "construction or maintenance |
5 | | speed zone" is an area in which the Department, Toll Highway |
6 | | Authority, or local agency has posted signage advising drivers |
7 | | that a construction or maintenance speed zone is being |
8 | | approached, or in which the Department, Authority, or local |
9 | | agency has posted a lower speed limit with a highway |
10 | | construction or maintenance speed zone special speed limit sign |
11 | | after determining that the preexisting established speed limit |
12 | | through a highway construction or maintenance project is |
13 | | greater than is reasonable or safe with respect to the |
14 | | conditions expected to exist in the construction or maintenance |
15 | | speed zone. |
16 | | If it is determined that the preexisting established speed |
17 | | limit is safe with respect to the conditions expected to exist |
18 | | in the construction or maintenance speed zone, additional speed |
19 | | limit signs which conform to the requirements of this |
20 | | subsection (c) shall be posted. |
21 | | Highway construction or maintenance speed zone special |
22 | | speed limit signs shall be of a design approved by the |
23 | | Department. The signs must give proper due warning that a |
24 | | construction or maintenance speed zone is being approached and |
25 | | must indicate the maximum speed limit in effect. The signs also |
26 | | must state the amount of the minimum fine for a violation.
|
|
| | 10000HB2591ham001 | - 85 - | LRB100 06972 MRW 22771 a |
|
|
1 | | (d) Except as provided under subsection (d-5), a person who |
2 | | violates this Section is guilty of a petty offense. Violations |
3 | | of this Section are punishable with a minimum fine of $250 for |
4 | | the first violation and a minimum fine of $750 for the second |
5 | | or subsequent violation. |
6 | | (d-5) A person committing a violation of this Section is |
7 | | guilty of aggravated special speed limit while traveling |
8 | | through a highway construction or maintenance speed zone when |
9 | | he or she drives a motor vehicle at a speed that is: |
10 | | (1) 26 miles per hour or more but less than 35 miles |
11 | | per hour in excess of the applicable special speed limit |
12 | | established under this Section or a similar provision of a |
13 | | local ordinance and is guilty of a Class B misdemeanor; or |
14 | | (2) 35 miles per hour or more in excess of the |
15 | | applicable special speed limit established under this |
16 | | Section or a similar provision of a local ordinance and is |
17 | | guilty of a Class A misdemeanor. |
18 | | (e) (Blank). If a fine for a violation of this Section is |
19 | | $250 or greater, the person who violated this Section shall be |
20 | | charged an additional $125, which shall be deposited into the |
21 | | Transportation Safety Highway Hire-back Fund in the State |
22 | | treasury, unless (i) the violation occurred on a highway other |
23 | | than an interstate highway and (ii) a county police officer |
24 | | wrote the ticket for the violation, in which case the $125 |
25 | | shall be deposited into that county's Transportation Safety |
26 | | Highway Hire-back Fund. In the case of a second or subsequent |
|
| | 10000HB2591ham001 | - 86 - | LRB100 06972 MRW 22771 a |
|
|
1 | | violation of this Section, if the fine is $750 or greater, the |
2 | | person who violated this Section shall be charged an additional |
3 | | $250, which shall be deposited into the Transportation Safety |
4 | | Highway Hire-back Fund in the State treasury, unless (i) the |
5 | | violation occurred on a highway other than an interstate |
6 | | highway and (ii) a county police officer wrote the ticket for |
7 | | the violation, in which case the $250 shall be deposited into |
8 | | that county's Transportation Safety Highway Hire-back Fund.
|
9 | | (e-5) The Department of State Police and the local county |
10 | | police department have concurrent jurisdiction over any |
11 | | violation of this Section that occurs on an interstate highway.
|
12 | | (f) The Transportation Safety Highway Hire-back Fund, |
13 | | which was created by Public Act 92-619, shall continue to be a |
14 | | special fund in the State treasury. Subject to appropriation by |
15 | | the General Assembly and approval by the Secretary, the |
16 | | Secretary of Transportation shall use all moneys in the |
17 | | Transportation Safety Highway Hire-back Fund to hire off-duty |
18 | | Department of State Police officers to monitor construction or |
19 | | maintenance zones. |
20 | | (f-5) Each county shall create a Transportation Safety |
21 | | Highway Hire-back Fund. The county shall use the moneys in its |
22 | | Transportation Safety Highway Hire-back Fund to hire off-duty |
23 | | county police officers to monitor construction or maintenance |
24 | | zones in that county on highways other than interstate |
25 | | highways. The county, in its discretion, may also use a portion |
26 | | of the moneys in its Transportation Safety Highway Hire-back |
|
| | 10000HB2591ham001 | - 87 - | LRB100 06972 MRW 22771 a |
|
|
1 | | Fund to purchase equipment for county law enforcement and fund |
2 | | the production of materials to educate drivers on construction |
3 | | zone safe driving habits.
|
4 | | (g) For a second or subsequent violation of this Section |
5 | | within 2 years of the date of the previous violation, the |
6 | | Secretary of State shall suspend the driver's license of the |
7 | | violator for a period of 90 days.
This suspension shall only be
|
8 | | imposed if the current violation of this Section and at least |
9 | | one prior violation of this Section
occurred during a period |
10 | | when workers were present in the
construction or maintenance |
11 | | zone.
|
12 | | (Source: P.A. 98-337, eff. 1-1-14; 99-212, eff. 1-1-16; 99-280, |
13 | | eff. 1-1-16; 99-642, eff. 7-28-16.) |
14 | | (625 ILCS 5/11-605.3) |
15 | | Sec. 11-605.3. Special traffic protections while passing |
16 | | parks and recreation facilities and areas. |
17 | | (a) As used in this Section:
|
18 | | (1) "Park district" means the following entities:
|
19 | | (A) any park district organized under the Park |
20 | | District Code;
|
21 | | (B) any park district organized under the Chicago |
22 | | Park District Act; and
|
23 | | (C) any municipality, county, forest district, |
24 | | school district, township, or other unit of local |
25 | | government that operates a public recreation |
|
| | 10000HB2591ham001 | - 88 - | LRB100 06972 MRW 22771 a |
|
|
1 | | department or public recreation facilities that has |
2 | | recreation facilities that are not on land owned by any |
3 | | park district listed in subparagraphs (A) and (B) of |
4 | | this subdivision (a)(1).
|
5 | | (2) "Park zone" means the recreation facilities and
|
6 | | areas on any land owned or operated by a park district that
|
7 | | are used for recreational purposes, including but not |
8 | | limited to: parks; playgrounds; swimming pools; hiking |
9 | | trails; bicycle paths;
picnic areas; roads and streets; and |
10 | | parking lots.
|
11 | | (3) "Park zone street" means that portion of any street |
12 | | or intersection under the control of a local unit of |
13 | | government, adjacent to a park zone, where the local unit |
14 | | of government has, by ordinance or resolution, designated |
15 | | and approved the street or intersection as a park zone |
16 | | street. If, before the effective date of this amendatory |
17 | | Act of the 94th General Assembly, a street already had a |
18 | | posted speed limit lower than 20 miles per hour, then the |
19 | | lower limit may be used for that park zone street.
|
20 | | (4) "Safety purposes" means the costs associated with:
|
21 | | park zone safety education; the purchase, installation, |
22 | | and maintenance of signs, roadway painting, and caution |
23 | | lights mounted on park zone signs; and any other expense |
24 | | associated with park zones and park zone streets.
|
25 | | (b) On any day when children are present and within 50 feet |
26 | | of motorized traffic, a person may not drive a motor vehicle at |
|
| | 10000HB2591ham001 | - 89 - | LRB100 06972 MRW 22771 a |
|
|
1 | | a speed in excess of 20 miles per hour or any lower posted |
2 | | speed while traveling on a park zone street that has been |
3 | | designated for the posted reduced speed.
|
4 | | (c) On any day when children are present and within 50 feet |
5 | | of motorized traffic, any driver traveling on a park zone |
6 | | street who fails to come to a complete stop at a stop sign or |
7 | | red light, including a driver who fails to come to a complete |
8 | | stop at a red light before turning right onto a park zone |
9 | | street, is in violation of this Section.
|
10 | | (d) This Section does not apply unless appropriate signs |
11 | | are posted upon park zone streets maintained by the Department |
12 | | or by the unit of local government in which the park zone is |
13 | | located. With regard to the special speed limit on park zone |
14 | | streets, the signs must give proper due warning that a park |
15 | | zone is being approached and must indicate the maximum speed |
16 | | limit on the park zone street.
|
17 | | (e) A first violation of this Section is a petty offense |
18 | | with a minimum fine of $250. A second or subsequent violation |
19 | | of this Section is a petty offense with a minimum fine of $500.
|
20 | | (f) (Blank). When a fine for a violation of this Section is |
21 | | imposed, the person who violates this Section shall be charged |
22 | | an additional $50, to be paid to the park district for safety |
23 | | purposes.
|
24 | | (g) The Department shall, within 6 months of the effective |
25 | | date of this amendatory Act of the 94th General Assembly, |
26 | | design a set of standardized traffic signs for park zones and |
|
| | 10000HB2591ham001 | - 90 - | LRB100 06972 MRW 22771 a |
|
|
1 | | park zone streets, including but not limited to: "park zone", |
2 | | "park zone speed limit", and "warning: approaching a park |
3 | | zone". The design of these signs shall be made available to all |
4 | | units of local government or manufacturers at no charge, except |
5 | | for reproduction and postage.
|
6 | | (Source: P.A. 94-808, eff. 5-26-06.) |
7 | | (625 ILCS 5/11-1002.5)
|
8 | | Sec. 11-1002.5. Pedestrians' right-of-way at crosswalks; |
9 | | school zones. |
10 | | (a) For the purpose of this Section, "school" has the |
11 | | meaning ascribed to that term in Section 11-605.
|
12 | | On a school day when school children are present and so |
13 | | close
thereto
that a potential hazard exists because of the |
14 | | close proximity of the motorized
traffic and when
traffic |
15 | | control signals are not in place or not in operation, the |
16 | | driver of
a vehicle shall stop and yield the right-of-way to a |
17 | | pedestrian crossing the roadway within a crosswalk when the |
18 | | pedestrian
is upon the half of the roadway upon which the |
19 | | vehicle is traveling, or when
the pedestrian is approaching so |
20 | | closely from the opposite half of the roadway
as to be in |
21 | | danger.
|
22 | | For the purpose of this Section, a school day shall begin |
23 | | at seven ante
meridian and shall conclude at four post |
24 | | meridian.
|
25 | | This Section shall not be applicable unless appropriate |
|
| | 10000HB2591ham001 | - 91 - | LRB100 06972 MRW 22771 a |
|
|
1 | | signs are posted
in accordance with Section 11-605.
|
2 | | (b) A first violation of this Section is a petty
offense |
3 | | with a minimum fine
of $150. A second or subsequent violation |
4 | | of this
Section is a petty offense with a minimum fine of $300.
|
5 | | (c) (Blank). When a fine for a violation of subsection (a) |
6 | | is $150 or greater,
the person who violates subsection (a) |
7 | | shall be charged an additional
$50 to be paid to the unit |
8 | | school
district where the
violation
occurred for school safety |
9 | | purposes. If the violation occurred in a dual
school district,
|
10 | | $25 of the surcharge shall be paid to the elementary school |
11 | | district for school
safety
purposes and $25 of the surcharge |
12 | | shall be paid to the high school district for
school
safety |
13 | | purposes. Notwithstanding any other provision of law, the |
14 | | entire $50
surcharge
shall be paid to the appropriate school |
15 | | district or districts.
|
16 | | For purposes of this subsection (c), "school safety |
17 | | purposes" has the meaning ascribed to that term in Section |
18 | | 11-605.
|
19 | | (Source: P.A. 95-302, eff. 1-1-08; 96-1165, eff. 7-22-10.)
|
20 | | (625 ILCS 5/16-105) (from Ch. 95 1/2, par. 16-105)
|
21 | | Sec. 16-105. Disposition of fines and forfeitures.
|
22 | | (a) Except as provided in Section 15-113 and Section |
23 | | 16-104a of this Act and except for
those amounts required to be |
24 | | paid into the Traffic and Criminal Conviction
Surcharge Fund in |
25 | | the State Treasury pursuant to Section 9.1 of the
Illinois |
|
| | 10000HB2591ham001 | - 92 - | LRB100 06972 MRW 22771 a |
|
|
1 | | Police Training Act and Section 5-9-1 of the Unified Code of
|
2 | | Corrections and except those amounts subject to disbursement by |
3 | | the circuit
clerk under the Criminal and Traffic Assessment Act |
4 | | Section 27.5 of the Clerks of Courts Act , fines and penalties
|
5 | | recovered under the provisions of Chapters 11 through 16 |
6 | | inclusive of this
Code shall be paid and used as follows:
|
7 | | 1. For offenses committed upon a highway within the |
8 | | limits of a
city, village, or incorporated town or under |
9 | | the jurisdiction of any
park district, to the treasurer of |
10 | | the particular city, village,
incorporated town or park |
11 | | district, if the violator was arrested by the
authorities |
12 | | of the city, village, incorporated town or park district,
|
13 | | provided the police officers and officials of cities, |
14 | | villages,
incorporated towns and park districts shall |
15 | | seasonably prosecute for all
fines and penalties under this |
16 | | Code. If the violation is prosecuted by
the authorities of |
17 | | the county, any fines or penalties recovered shall be
paid |
18 | | to the county treasurer. Provided further that if the |
19 | | violator was
arrested by the State Police, fines and |
20 | | penalties recovered under the
provisions of paragraph (a) |
21 | | of Section 15-113 of this Code or paragraph (e)
of Section |
22 | | 15-316 of this Code shall be paid
over to the Department of |
23 | | State Police which shall thereupon remit the
amount of the |
24 | | fines and penalties so received to the State Treasurer who |
25 | | shall
deposit the amount so remitted in the special fund in |
26 | | the State treasury
known as the Road Fund except that if |
|
| | 10000HB2591ham001 | - 93 - | LRB100 06972 MRW 22771 a |
|
|
1 | | the violation is prosecuted by the
State's Attorney, 10% of |
2 | | the fine or penalty recovered shall be paid to
the State's |
3 | | Attorney as a fee of his office and the balance shall be
|
4 | | paid over to the Department of State Police for remittance |
5 | | to and
deposit by the State Treasurer as hereinabove |
6 | | provided.
|
7 | | 2. Except as provided in paragraph 4, for offenses |
8 | | committed upon any
highway outside the limits of a
city, |
9 | | village, incorporated town or park district, to the county
|
10 | | treasurer of the county where the offense was committed |
11 | | except if such
offense was committed on a highway |
12 | | maintained by or under the
supervision of a township, |
13 | | township district, or a road district to the
Treasurer |
14 | | thereof for deposit in the road and bridge fund of such
|
15 | | township or other district; Provided, that fines and |
16 | | penalties recovered
under the provisions of paragraph (a) |
17 | | of Section 15-113, paragraph (d) of
Section 3-401, or |
18 | | paragraph (e) of Section 15-316 of this Code shall
be paid |
19 | | over to the Department of State Police which shall |
20 | | thereupon remit
the amount of the fines and penalties so |
21 | | received to the State Treasurer
who shall deposit the |
22 | | amount so remitted in the special fund in the State
|
23 | | treasury known as the Road Fund except that if the |
24 | | violation is prosecuted
by the State's Attorney, 10% of the |
25 | | fine or penalty recovered shall be paid
to the State's |
26 | | Attorney as a fee of his office and the balance shall be
|
|
| | 10000HB2591ham001 | - 94 - | LRB100 06972 MRW 22771 a |
|
|
1 | | paid over to the Department of State Police for remittance |
2 | | to and deposit
by the State Treasurer as hereinabove |
3 | | provided.
|
4 | | 3. Notwithstanding subsections 1 and 2 of this |
5 | | paragraph, for violations
of overweight and overload |
6 | | limits found in Sections 15-101 through 15-203
of this |
7 | | Code, which are committed upon the highways belonging to |
8 | | the Illinois
State Toll Highway Authority, fines and |
9 | | penalties shall be paid over to
the Illinois State Toll |
10 | | Highway Authority for deposit with the State Treasurer
into |
11 | | that special fund known as the Illinois State Toll Highway |
12 | | Authority
Fund, except that if the violation is prosecuted |
13 | | by the State's Attorney,
10% of the fine or penalty |
14 | | recovered shall be paid to the State's Attorney
as a fee of |
15 | | his office and the balance shall be paid over to the |
16 | | Illinois
State Toll Highway Authority for remittance to and |
17 | | deposit by the State
Treasurer as hereinabove provided.
|
18 | | 4. With regard to violations of overweight and overload |
19 | | limits found in
Sections 15-101 through 15-203 of this Code |
20 | | committed by operators of vehicles
registered as Special |
21 | | Hauling Vehicles, for offenses committed upon a highway
|
22 | | within the limits of a city, village, or incorporated town |
23 | | or under the
jurisdiction of any park district, all fines |
24 | | and penalties shall be paid over
or retained as required in |
25 | | paragraph 1. However, with regard to the above
offenses |
26 | | committed by operators of vehicles registered as Special |
|
| | 10000HB2591ham001 | - 95 - | LRB100 06972 MRW 22771 a |
|
|
1 | | Hauling
Vehicles upon any highway outside the limits of a |
2 | | city, village, incorporated
town or park district, fines |
3 | | and penalties shall be paid over or retained by
the entity |
4 | | having jurisdiction over the road or highway upon which the |
5 | | offense
occurred, except that if the violation is |
6 | | prosecuted by the State's Attorney,
10% of the fine or |
7 | | penalty recovered shall be paid to the State's Attorney as |
8 | | a
fee of his office.
|
9 | | (b) Failure, refusal or neglect on the part of any judicial |
10 | | or other
officer or employee receiving or having custody of any |
11 | | such fine or
forfeiture either before or after a deposit with |
12 | | the proper official as
defined in paragraph (a) of this |
13 | | Section, shall constitute misconduct in
office and shall be |
14 | | grounds for removal therefrom.
|
15 | | (Source: P.A. 96-34, eff. 1-1-10.)
|
16 | | Section 3-12. The Access to Justice Act is amended by |
17 | | changing Section 15 as follows: |
18 | | (705 ILCS 95/15)
|
19 | | Sec. 15. Access to Justice Fund. |
20 | | (a) The Access to Justice Fund is created as a special fund |
21 | | in the State treasury. The Fund shall consist of fees collected |
22 | | under Section 27.3g of the Clerks of Courts Act. Moneys in the |
23 | | Access to Justice Fund shall be appropriated to the Attorney |
24 | | General for disbursements to the Foundation. The Foundation |
|
| | 10000HB2591ham001 | - 96 - | LRB100 06972 MRW 22771 a |
|
|
1 | | shall use the moneys to make grants and distributions for the |
2 | | administration of the pilot programs created under this Act. |
3 | | Grants or distributions made under this Act to the Foundation |
4 | | are subject to the requirements of the Illinois Grant Funds |
5 | | Recovery Act. |
6 | | (b) In accordance with the requirements of the Illinois |
7 | | Equal Justice Act, the Foundation may make grants, enter into |
8 | | contracts, and take other actions recommended by the Council to |
9 | | effectuate the pilot programs and comply with the other |
10 | | requirements of this Act. |
11 | | (c) The governing board of the Foundation must prepare and |
12 | | submit an annual report to the Governor, the President of the |
13 | | Senate, the Minority Leader of the Senate, the Speaker of the |
14 | | House of Representatives, the Minority Leader of the House of |
15 | | Representatives, and the Justices of the Illinois Supreme |
16 | | Court. The report must include: (i) a statement of the total |
17 | | receipts and a breakdown by source during each of the previous |
18 | | 2 calendar years; (ii) a list of the names and addresses of the |
19 | | recipients that are currently receiving grants or |
20 | | distributions and that received grants or distributions in the |
21 | | previous year and the amounts committed to recipients for the |
22 | | current year and paid in the previous year; (iii) a breakdown |
23 | | of the amounts of grants or distributions paid during the |
24 | | previous year to recipients and the amounts committed to each |
25 | | recipient for the current year; (iv) a breakdown of the |
26 | | Foundation's costs in administering the Fund; (v) a statement |
|
| | 10000HB2591ham001 | - 97 - | LRB100 06972 MRW 22771 a |
|
|
1 | | of the Fund balance at the start and at the close of the |
2 | | previous year and the interest earned during the previous year; |
3 | | and (vi) any notices the Foundation issued denying applications |
4 | | for grants or distributions under this Act. The report, in its |
5 | | entirety, is a public record, and the Foundation and the |
6 | | Governor shall make the report available for inspection upon |
7 | | request. |
8 | | (d) The Foundation may annually retain a portion of the |
9 | | disbursements it receives under this Section to reimburse the |
10 | | Foundation for the actual cost of administering the Council and |
11 | | for making the grants and distributions pursuant to this Act |
12 | | during that year. |
13 | | (e) No moneys distributed by the Foundation from the Access |
14 | | to Justice Fund may be directly or indirectly used for lobbying |
15 | | activities, as defined in Section 2 of the Lobbyist |
16 | | Registration Act or as defined in any ordinance or resolution |
17 | | of a municipality, county, or other unit of local government in |
18 | | Illinois.
|
19 | | (f) The Foundation may make, enter into, and execute |
20 | | contracts, agreements, leases, and other instruments with any |
21 | | person, including without limitation any federal, State, or |
22 | | local governmental agency, and may take other actions that may |
23 | | be necessary or convenient to accomplish any purpose authorized |
24 | | by this Act. |
25 | | (g) The Foundation has the authority to receive and accept |
26 | | any and all grants, loans, subsidies, matching funds, |
|
| | 10000HB2591ham001 | - 98 - | LRB100 06972 MRW 22771 a |
|
|
1 | | reimbursements, federal grant moneys, fees for services, and |
2 | | other things of value from the federal or State government or |
3 | | any agency of any other state or from any institution, person, |
4 | | firm, or corporation, public or private, to be used to carry |
5 | | out the purposes of this Act. |
6 | | (Source: P.A. 98-351, eff. 8-15-13; 99-281, eff. 8-5-15.) |
7 | | Section 3-15. The Clerks of Courts Act is amended by |
8 | | changing Sections 27.2b and 27.3 and by adding Section 27.1b as |
9 | | follows: |
10 | | (705 ILCS 105/27.1b new) |
11 | | Sec. 27.1b. Circuit court clerk fees. Notwithstanding any |
12 | | other provision of law, all fees charged by the clerks of the |
13 | | circuit court for the services described in this Section shall |
14 | | be established, collected, and disbursed in accordance with |
15 | | this Section. All fees under this Section shall be paid in |
16 | | advance and disbursed by each clerk on a monthly basis. Unless |
17 | | otherwise specified in this Section, the amount of a fee shall |
18 | | be determined by ordinance or resolution of the county board |
19 | | and remitted to the county treasurer to be used for purposes |
20 | | related to the operation of the court system in the county. |
21 | | (a) Civil cases. The fee for filing a complaint, petition, |
22 | | or other pleading initiating a civil action shall be as set |
23 | | forth in the applicable schedule under this subsection in |
24 | | accordance with case categories established by the Supreme |
|
| | 10000HB2591ham001 | - 99 - | LRB100 06972 MRW 22771 a |
|
|
1 | | Court in schedules. |
2 | | (1) SCHEDULE 1: not to exceed a total of $289. The fees |
3 | | collected under this schedule shall be disbursed as |
4 | | follows: |
5 | | (A) The clerk shall retain a sum, in an amount not |
6 | | to exceed $45 determined by the clerk with the approval |
7 | | of the Supreme Court, to be used for court automation, |
8 | | court document storage, and administrative purposes. |
9 | | (B) The clerk shall remit up to $21 to the State |
10 | | Treasurer. The State Treasurer shall deposit the |
11 | | appropriate amounts, in accordance with the clerk's |
12 | | instructions, as follows: |
13 | | (i) up to $10, as specified by the Supreme |
14 | | Court in accordance with Part 10A of Article II of |
15 | | the Code of Civil Procedure, into the Mandatory |
16 | | Arbitration Fund; |
17 | | (ii) $2 into the Access to Justice Fund; and |
18 | | (iii) $9 into the Supreme Court Special |
19 | | Purposes Fund. |
20 | | (C) The clerk shall remit a sum to the County |
21 | | Treasurer, in an amount not to exceed $223 specified by |
22 | | ordinance or resolution passed by the county board, for |
23 | | purposes related to the operation of the court system |
24 | | in the county. |
25 | | (2) SCHEDULE 2: not to exceed a total of $189. The fees |
26 | | collected under this schedule shall be disbursed as |
|
| | 10000HB2591ham001 | - 100 - | LRB100 06972 MRW 22771 a |
|
|
1 | | follows: |
2 | | (A) The clerk shall retain a sum, in an amount not |
3 | | to exceed $45 determined by the clerk with the approval |
4 | | of the Supreme Court, to be used for court automation, |
5 | | court document storage, and administrative purposes. |
6 | | (B) The clerk shall remit up to $21 to the State |
7 | | Treasurer. The State Treasurer shall deposit the |
8 | | appropriate amounts, in accordance with the clerk's |
9 | | instructions, as follows: |
10 | | (i) up to $10, as specified by the Supreme |
11 | | Court in accordance with Part 10A of Article II of |
12 | | the Code of Civil Procedure, into the Mandatory |
13 | | Arbitration Fund; |
14 | | (ii) $2 into the Access to Justice Fund: and |
15 | | (iii) $9 into the Supreme Court Special |
16 | | Purposes Fund. |
17 | | (C) The clerk shall remit a sum to the County |
18 | | Treasurer, in an amount not to exceed $123 specified by |
19 | | ordinance or resolution passed by the county board, for |
20 | | purposes related to the operation of the court system |
21 | | in the county. |
22 | | (3) SCHEDULE 3: not to exceed a total of $89. The fees |
23 | | collected under this schedule shall be disbursed as |
24 | | follows: |
25 | | (A) The clerk shall retain a sum, in an amount not |
26 | | to exceed $22 determined by the clerk with the approval |
|
| | 10000HB2591ham001 | - 101 - | LRB100 06972 MRW 22771 a |
|
|
1 | | of the Supreme Court, to be used for court automation, |
2 | | court document storage, and administrative purposes. |
3 | | (B) The clerk shall remit $11 to the State |
4 | | Treasurer. The State Treasurer shall deposit the |
5 | | appropriate amounts in accordance with the clerk's |
6 | | instructions, as follows: |
7 | | (i) $2 into the Access to Justice Fund; and |
8 | | (ii) $9 into the Supreme Court Special |
9 | | Purposes Fund. |
10 | | (C) The clerk shall remit a sum to the County |
11 | | Treasurer, in an amount not to exceed $56 specified by |
12 | | ordinance or resolution passed by the county board, for |
13 | | purposes related to the operation of the court system |
14 | | in the county. |
15 | | (4) SCHEDULE 4: $0. |
16 | | (b) Appearance. The fee for filing an appearance in a civil |
17 | | action, including a cannabis civil law action under the |
18 | | Cannabis Control Act, shall be as set forth in the applicable |
19 | | schedule under this subsection in accordance with case |
20 | | categories established by the Supreme Court in schedules. |
21 | | (1) SCHEDULE 1: not to exceed a total of $149. The fees |
22 | | collected under this schedule shall be disbursed as |
23 | | follows: |
24 | | (A) The clerk shall retain a sum, in an amount not |
25 | | to exceed $28 determined by the clerk with the approval |
26 | | of the Supreme Court, to be used for court automation, |
|
| | 10000HB2591ham001 | - 102 - | LRB100 06972 MRW 22771 a |
|
|
1 | | court document storage, and administrative purposes. |
2 | | (B) The clerk shall remit up to $21 to the State |
3 | | Treasurer. The State Treasurer shall deposit the |
4 | | appropriate amounts, in accordance with the clerk's |
5 | | instructions, as follows: |
6 | | (i) up to $10, as specified by the Supreme |
7 | | Court in accordance with Part 10A of Article II of |
8 | | the Code of Civil Procedure, into the Mandatory |
9 | | Arbitration Fund; |
10 | | (ii) $2 into the Access to Justice Fund; and |
11 | | (iii) $9 into the Supreme Court Special |
12 | | Purposes Fund. |
13 | | (C) The clerk shall remit a sum to the County |
14 | | Treasurer, in an amount not to exceed $100 specified by |
15 | | ordinance or resolution passed by the county board, for |
16 | | purposes related to the operation of the court system |
17 | | in the county. |
18 | | (2) SCHEDULE 2: not to exceed a total of $49. The fees |
19 | | collected under this schedule shall be disbursed as |
20 | | follows: |
21 | | (A) The clerk shall retain a sum, in an amount not |
22 | | to exceed $10 determined by the clerk with the approval |
23 | | of the Supreme Court, to be used for court automation, |
24 | | court document storage, and administrative purposes. |
25 | | (B) The clerk shall remit $9 to the State |
26 | | Treasurer, which the State Treasurer shall deposit |
|
| | 10000HB2591ham001 | - 103 - | LRB100 06972 MRW 22771 a |
|
|
1 | | into the Supreme Court Special Purpose Fund. |
2 | | (C) The clerk shall remit a sum to the County |
3 | | Treasurer, in an amount not to exceed $30 specified by |
4 | | ordinance or resolution passed by the county board, for |
5 | | purposes related to the operation of the court system |
6 | | in the county. |
7 | | (3) SCHEDULE 3: $0. |
8 | | (c) Counterclaim or third party complaint. When any |
9 | | defendant files a counterclaim or third party complaint, as |
10 | | part of the defendant's answer or otherwise, the defendant |
11 | | shall pay a filing fee for each counterclaim or third party |
12 | | complaint in an amount equal to the filing fee the defendant |
13 | | would have had to pay had the defendant brought a separate |
14 | | action for the relief sought in the counterclaim or third party |
15 | | complaint, less the amount of the appearance fee, if any, that |
16 | | the defendant has already paid in the action in which the |
17 | | counterclaim or third party complaint is filed. |
18 | | (d) Alias summons. The clerk shall collect a fee not to |
19 | | exceed $5 for each alias summons or citation issued by the |
20 | | clerk. |
21 | | (e) Jury services. The clerk shall collect, in addition to |
22 | | other fees allowed by law, a sum not to exceed $212.50, as a |
23 | | fee for the services of a jury in every civil action not |
24 | | quasi-criminal in its nature and not a proceeding for the |
25 | | exercise of the right of eminent domain and in every other |
26 | | action wherein the right of trial by jury is or may be given by |
|
| | 10000HB2591ham001 | - 104 - | LRB100 06972 MRW 22771 a |
|
|
1 | | law. The jury fee shall be paid by the party demanding a jury |
2 | | at the time of filing the jury demand. If the fee is not paid by |
3 | | either party, no jury shall be called in the action or |
4 | | proceeding, and the action or proceeding shall be tried by the |
5 | | court without a jury. |
6 | | (f) Change of venue. In connection with a change of venue: |
7 | | (1) The clerk of the jurisdiction from which the case |
8 | | is transferred may charge a fee, not to exceed $40, for the |
9 | | preparation and certification of the record; and |
10 | | (2) The clerk of the jurisdiction to which the case is |
11 | | transferred may charge the same filing fee as if it were |
12 | | the commencement of a new suit. |
13 | | (g) Petition to vacate or modify. |
14 | | (1) In a proceeding involving a petition to vacate or |
15 | | modify any final judgment or order filed within 30 days |
16 | | after the judgment or order was entered, except for a |
17 | | forcible entry and detainer case, small claims case, |
18 | | petition to reopen an estate, petition to modify, |
19 | | terminate, or enforce a judgment or order for child or |
20 | | spousal support, or petition to modify, suspend, or |
21 | | terminate an order for withholding, the fee shall not |
22 | | exceed $50. |
23 | | (2) In a proceeding involving a petition to vacate or |
24 | | modify any final judgment or order filed more than 30 days |
25 | | after the judgment or order was entered, except for a |
26 | | petition to modify, terminate, or enforce a judgment or |
|
| | 10000HB2591ham001 | - 105 - | LRB100 06972 MRW 22771 a |
|
|
1 | | order for child or spousal support, or petition to modify, |
2 | | suspend, or terminate an order for withholding, the fee |
3 | | shall not exceed $75. |
4 | | (3) In a proceeding involving a motion to vacate or |
5 | | amend a final order, motion to vacate an ex parte judgment, |
6 | | judgment of forfeiture, or "failure to appear" or "failure |
7 | | to comply" notices sent to the Secretary of State, the fee |
8 | | shall equal $40. |
9 | | (h) Appeals preparation. The fee for preparation of a |
10 | | record on appeal shall be based on the number of pages, as |
11 | | follows: |
12 | | (1) if the record contains no more than 100 pages, the |
13 | | fee shall not exceed $50; |
14 | | (2) if the record contains between 100 and 200 pages, |
15 | | the fee shall not exceed $100; and |
16 | | (3) if the record contains 200 or more pages, the clerk |
17 | | may collect an additional fee not to exceed 25 cents per |
18 | | page. |
19 | | (i) Remands. In any cases remanded to the circuit court |
20 | | from the Supreme Court or the appellate court for a new trial, |
21 | | the clerk shall reinstate the case with either its original |
22 | | number or a new number. The clerk shall not charge any new or |
23 | | additional fee for the reinstatement. Upon reinstatement, the |
24 | | clerk shall advise the parties of the reinstatement. Parties |
25 | | shall have the same right to a jury trial on remand and |
26 | | reinstatement that they had before the appeal, and no |
|
| | 10000HB2591ham001 | - 106 - | LRB100 06972 MRW 22771 a |
|
|
1 | | additional or new fee or charge shall be made for a jury trial |
2 | | after remand. |
3 | | (j) Garnishment, wage deduction, and citation. In |
4 | | garnishment affidavit, wage deduction affidavit, and citation |
5 | | petition proceedings: |
6 | | (1) if the amount in controversy in the proceeding is |
7 | | not more than $1,000, the fee may not exceed $15; |
8 | | (2) if the amount in controversy in the proceeding is |
9 | | greater than $1,000 and not more than $5,000, the fee may |
10 | | not exceed $30; and |
11 | | (3) if the amount in controversy in the proceeding is |
12 | | greater than $5,000, the fee may not exceed $50. |
13 | | (k) Collections. |
14 | | (1) For all collections made of others, except the |
15 | | State and county and except in maintenance or child support |
16 | | cases, the clerk may collect a fee of up to 2.5% of the |
17 | | amount collected and turned over. |
18 | | (2) In child support and maintenance cases, the clerk |
19 | | may collect an annual fee of up to $36 from the person |
20 | | making payment for maintaining child support records and |
21 | | the processing of support orders to the State of Illinois |
22 | | KIDS system and the recording of payments issued by the |
23 | | State Disbursement Unit for the official record of the |
24 | | Court. This fee is in addition to and separate from amounts |
25 | | ordered to be paid as maintenance or child support and |
26 | | shall be deposited into a Separate Maintenance and Child |
|
| | 10000HB2591ham001 | - 107 - | LRB100 06972 MRW 22771 a |
|
|
1 | | Support Collection Fund, of which the clerk shall be the |
2 | | custodian, ex officio, to be used by the clerk to maintain |
3 | | child support orders and record all payments issued by the |
4 | | State Disbursement Unit for the official record of the |
5 | | Court. The clerk may recover from the person making the |
6 | | maintenance or child support payment any additional cost |
7 | | incurred in the collection of this annual fee. |
8 | | (3) The clerk may collect a fee of $5 for |
9 | | certifications made to the Secretary of State as provided |
10 | | in Section 7-703 of the Family Financial Responsibility Law |
11 | | and these fees shall be deposited into the Separate |
12 | | Maintenance and Child Support Collection Fund. |
13 | | (l) Mailing. The fee for the clerk mailing documents shall |
14 | | not exceed $10 plus the cost of postage. |
15 | | (m) Certified copies. The fee for each certified copy of a |
16 | | judgment, after the first copy, shall not exceed $10. |
17 | | (n) Certification, authentication, and reproduction. |
18 | | (1) The fee for each certification or authentication |
19 | | for taking the acknowledgment of a deed or other instrument |
20 | | in writing with the seal of office shall not exceed $6. |
21 | | (2) The fee for reproduction of any document contained |
22 | | in the clerk's files shall not exceed: |
23 | | (A) $2 for the first page; |
24 | | (B) 50 cents per page for the next 19 pages; and |
25 | | (C) 25 cents per page for all additional pages. |
26 | | (o) Record search. For each record search, within a |
|
| | 10000HB2591ham001 | - 108 - | LRB100 06972 MRW 22771 a |
|
|
1 | | division or municipal district, the clerk may collect a search |
2 | | fee not to exceed $6 for each year searched. |
3 | | (p) Hard copy. For each page of hard copy print output, |
4 | | when case records are maintained on an automated medium, the |
5 | | clerk may collect a fee not to exceed $6. |
6 | | (q) Index inquiry and other records. No fee shall be |
7 | | charged for a single plaintiff and defendant index inquiry or |
8 | | single case record inquiry when this request is made in person |
9 | | and the records are maintained in a current automated medium, |
10 | | and when no hard copy print output is requested. The fees to be |
11 | | charged for management records, multiple case records, and |
12 | | multiple journal records may be specified by the Chief Judge |
13 | | pursuant to the guidelines for access and dissemination of |
14 | | information approved by the Supreme Court. |
15 | | (r) Performing a marriage. There shall be a $10 fee for |
16 | | performing a marriage in court. |
17 | | (s) Voluntary assignment. For filing each deed of voluntary |
18 | | assignment, the clerk shall collect a fee not to exceed $20. |
19 | | For recording a deed of voluntary assignment, the clerk shall |
20 | | collect a fee not to exceed 50 cents for each 100 words. |
21 | | Exceptions filed to claims presented to an assignee of a debtor |
22 | | who has made a voluntary assignment for the benefit of |
23 | | creditors shall be considered and treated, for the purpose of |
24 | | taxing costs therein, as actions in which the party or parties |
25 | | filing the exceptions shall be considered as party or parties |
26 | | plaintiff, and the claimant or claimants as party or parties |
|
| | 10000HB2591ham001 | - 109 - | LRB100 06972 MRW 22771 a |
|
|
1 | | defendant, and those parties respectively shall pay to the |
2 | | clerk the same fees as provided by this Section to be paid in |
3 | | other actions. |
4 | | (t) Expungement petition. The clerk may collect a fee not |
5 | | to exceed $60 for each expungement petition filed and an |
6 | | additional fee not to exceed $4 for each certified copy of an |
7 | | order to expunge arrest records. |
8 | | (u) Transcripts of judgment. For the filing of a transcript |
9 | | of judgment, the clerk may collect the same fee as if it were |
10 | | the commencement of a new suit. |
11 | | (v) Probate filings. |
12 | | (1) For each account (other than one final account) |
13 | | filed in the estate of a decedent, or ward, the fee shall |
14 | | not exceed $25. |
15 | | (2) For filing a claim in an estate when the amount |
16 | | claimed is greater than $150 and not more than $500, the |
17 | | fee shall not exceed $25; when the amount claimed is |
18 | | greater than $500 and not more than $10,000, the fee shall |
19 | | not exceed $40; and when the amount claimed is more than |
20 | | $10,000, the fee shall not exceed $60; except the court in |
21 | | allowing a claim may add to the amount allowed the filing |
22 | | fee paid by the claimant. |
23 | | (3) For filing in an estate a claim, petition, or |
24 | | supplemental proceeding based upon an action seeking |
25 | | equitable relief including the construction or contest of a |
26 | | will, enforcement of a contract to make a will, and |
|
| | 10000HB2591ham001 | - 110 - | LRB100 06972 MRW 22771 a |
|
|
1 | | proceedings involving testamentary trusts or the |
2 | | appointment of testamentary trustees, the fee shall not |
3 | | exceed $60. |
4 | | (4) There shall be no fee for filing in an estate: (i) |
5 | | the appearance of any person for the purpose of consent; or |
6 | | (ii) the appearance of an executor, administrator, |
7 | | administrator to collect, guardian, guardian ad litem, or |
8 | | special administrator. |
9 | | (5) For each jury demand, the fee shall not exceed |
10 | | $137.50. |
11 | | (6) For each certified copy of letters of office, of |
12 | | court order, or other certification, the fee shall not |
13 | | exceed
$2 per page. |
14 | | (7) For each exemplification, the fee shall not exceed |
15 | | $2, plus the fee for certification. |
16 | | (8) The executor, administrator, guardian, petitioner, |
17 | | or other interested person or his or her attorney shall pay |
18 | | the cost of publication by the clerk directly to the |
19 | | newspaper. |
20 | | (9) The person on whose behalf a charge is incurred for |
21 | | witness, court reporter, appraiser, or other miscellaneous |
22 | | fees shall pay the same directly to the person entitled |
23 | | thereto. |
24 | | (10) The executor, administrator, guardian, |
25 | | petitioner, or other interested person or his or her |
26 | | attorney shall pay to the clerk all postage charges |
|
| | 10000HB2591ham001 | - 111 - | LRB100 06972 MRW 22771 a |
|
|
1 | | incurred by the clerk in mailing petitions, orders, |
2 | | notices, or other documents pursuant to the provisions of |
3 | | the Probate Act of 1975. |
4 | | (w) Corrections of numbers. For correction of the case |
5 | | number, case title, or attorney computer identification |
6 | | number, if required by rule of court, on any document filed in |
7 | | the clerk's office, to be charged against the party that filed |
8 | | the document, the fee shall not exceed $25. |
9 | | (x) Miscellaneous. |
10 | | (1) Interest earned on any fees collected by the clerk |
11 | | shall be turned over to the county general fund as an |
12 | | earning of the office. |
13 | | (2) For any check, draft, or other bank instrument |
14 | | returned to the clerk for non-sufficient funds, account |
15 | | closed, or payment stopped, the clerk shall collect a fee |
16 | | of $25. |
17 | | (y) Other fees. The clerk of the circuit court may provide |
18 | | services in connection with the operation of the clerk's |
19 | | office, other than those services mentioned in this Section, as |
20 | | may be requested by the public and agreed to by the clerk and |
21 | | approved by the Chief Judge. Any charges for additional |
22 | | services shall be as agreed to between the clerk and the party |
23 | | making the request and approved by the Chief Judge. Nothing in |
24 | | this subsection shall be construed to require any clerk to |
25 | | provide any service not otherwise required by law. |
26 | | (z) Exceptions. |
|
| | 10000HB2591ham001 | - 112 - | LRB100 06972 MRW 22771 a |
|
|
1 | | (1) No fee authorized by this Section shall apply to: |
2 | | (A) police departments or other law enforcement |
3 | | agencies. In this Section, "law enforcement agency" |
4 | | means: an agency of the State or a unit of local |
5 | | government which is vested by law or ordinance with the |
6 | | duty to maintain public order and to enforce criminal |
7 | | laws or ordinances; the Attorney General; or any |
8 | | State's Attorney; |
9 | | (B) any unit of local government or school |
10 | | district; |
11 | | (C) any action instituted under subsection (b) of |
12 | | Section 11-31-1 of the Illinois Municipal Code by a |
13 | | private owner or tenant of real property within 1,200 |
14 | | feet of a dangerous or unsafe building seeking an order |
15 | | compelling the owner or owners of the building to take |
16 | | any of the actions authorized under that subsection; |
17 | | (D) any commitment petition or petition for an |
18 | | order authorizing the administration of psychotropic |
19 | | medication or electroconvulsive therapy under the |
20 | | Mental Health and Developmental Disabilities Code; |
21 | | (E) a petitioner in any order of protection |
22 | | proceeding, including, but not limited to, fees for |
23 | | filing, modifying, withdrawing, certifying, or |
24 | | photocopying petitions for orders of protection, |
25 | | issuing alias summons, any related filing service, or |
26 | | certifying, modifying, vacating, or photocopying any |
|
| | 10000HB2591ham001 | - 113 - | LRB100 06972 MRW 22771 a |
|
|
1 | | orders of protection; or |
2 | | (F) proceedings for the appointment of a |
3 | | confidential intermediary under the Adoption Act. |
4 | | (2) No fee other than the filing fee contained in the |
5 | | applicable schedule in subsection (a) shall be charged to |
6 | | any person in connection with an adoption proceeding. |
7 | | (3) Upon good cause shown, the court may waive any fees |
8 | | associated with a special needs adoption. The term "special |
9 | | needs adoption" has the meaning provided by the Illinois |
10 | | Department of Children and Family Services. |
11 | | (705 ILCS 105/27.2b)
|
12 | | Sec. 27.2b. State income tax refund
intercept. The Clerk |
13 | | of the Circuit Court may enter
into an agreement with the |
14 | | Illinois Department of Revenue to establish
a pilot program for |
15 | | the purpose of collecting certain fees. The
purpose shall be to |
16 | | intercept, in whole or in part, State
income tax refunds due |
17 | | the persons who
owe past due fees to the Clerk of the Circuit |
18 | | Court in order to satisfy unpaid assessments under the Criminal |
19 | | and Traffic Assessment Act fees pursuant to the
fee |
20 | | requirements of Sections 27.1a, 27.2, and 27.2a of
this Act . |
21 | | The agreement shall include, but may not be limited to, a |
22 | | certification by the Clerk of the Circuit Court that the debt |
23 | | claims forwarded to the Department of Revenue are valid and |
24 | | that reasonable efforts have been made to notify persons of the |
25 | | delinquency of the debt. The agreement shall include provisions |
|
| | 10000HB2591ham001 | - 114 - | LRB100 06972 MRW 22771 a |
|
|
1 | | for payment of the intercept by the Department of Revenue to |
2 | | the Clerk of the Circuit Court and procedures for an |
3 | | appeal/protest by the debtor when an intercept occurs. The |
4 | | agreement may also include provisions to allow the Department |
5 | | of Revenue to recover its cost for administering the program. |
6 | | Intercepts made pursuant to this Section shall not |
7 | | interfere with the collection of debts related to child |
8 | | support. During the collection of debts under this Section, |
9 | | when there are 2 or more debt claims certified to the |
10 | | Department at the same time, priority of collection shall be as |
11 | | provided in Section 911.3 of the Illinois Income Tax Act.
|
12 | | (Source: P.A. 93-836, eff. 1-1-05.)
|
13 | | (705 ILCS 105/27.3) (from Ch. 25, par. 27.3)
|
14 | | Sec. 27.3. Compensation.
|
15 | | (a) The county board shall provide the
compensation of |
16 | | Clerks of
the Circuit Court, and the amount necessary for clerk |
17 | | hire, stationery,
fuel and other expenses. Beginning December |
18 | | 1, 1989, the compensation
per annum for Clerks of the Circuit |
19 | | Court shall be as follows:
|
20 | | In counties where the population is:
|
|
21 | | Less than 14,000 ....................... |
at least $13,500 |
|
22 | | 14,001-30,000 .......................... |
at least $14,500 |
|
23 | | 30,001-60,000 .......................... |
at least $15,000 |
|
24 | | 60,001-100,000 ......................... |
at least $15,000 |
|
25 | | 100,001-200,000 ........................ |
at least $16,500 |
|
|
|
| | 10000HB2591ham001 | - 115 - | LRB100 06972 MRW 22771 a |
|
|
1 | | 200,001-300,000 ........................ |
at least $18,000 |
|
2 | | 300,001- 3,000,000 ..................... |
at least $20,000 |
|
3 | | Over 3,000,000 ......................... |
at least $55,000 |
|
4 | | (b) In counties in which the population is 3,000,000 or |
5 | | less,
"base salary" is the compensation paid for each Clerk of |
6 | | the Circuit Court,
respectively, before July 1, 1989.
|
7 | | (c) The Clerks of the Circuit Court, in counties in which |
8 | | the population
is 3,000,000 or less, shall be compensated as |
9 | | follows:
|
10 | | (1) Beginning December 1, 1989,
base salary plus at |
11 | | least 3% of base salary.
|
12 | | (2) Beginning December 1, 1990,
base salary plus at |
13 | | least 6% of base salary.
|
14 | | (3) Beginning December 1, 1991,
base salary plus at |
15 | | least 9% of base salary.
|
16 | | (4) Beginning December 1, 1992,
base salary plus at |
17 | | least 12% of base salary.
|
18 | | (d) In addition to the compensation provided by the county |
19 | | board, each
Clerk of the Circuit Court shall receive an award |
20 | | from
the State for the additional duties imposed by Sections |
21 | | 5-9-1 and 5-9-1.2
of the Unified Code of Corrections, Section |
22 | | 10 of the Violent Crime Victims
Assistance Act, Section 16-104a |
23 | | of the Illinois Vehicle Code, and
other
laws, in the
following |
24 | | amount:
|
25 | | (1) $3,500 per year before January 1, 1997.
|
26 | | (2) $4,500 per year beginning January 1, 1997.
|
|
| | 10000HB2591ham001 | - 116 - | LRB100 06972 MRW 22771 a |
|
|
1 | | (3) $5,500 per year beginning January 1, 1998.
|
2 | | (4) $6,500 per year beginning January 1, 1999.
|
3 | | The total
amount required for such awards shall be appropriated |
4 | | each year by the
General Assembly to the Supreme Court, which |
5 | | shall distribute such awards
in annual lump sum payments to the |
6 | | Clerks of the Circuit Court in all
counties. This annual award, |
7 | | and any other award or stipend paid out of
State funds to the |
8 | | Clerks of the Circuit Court, shall not affect any other
|
9 | | compensation provided by law to be paid to Clerks of the |
10 | | Circuit Court.
|
11 | | (e) (Blank).
|
12 | | (f) No county board may reduce or otherwise impair the |
13 | | compensation
payable from county funds to a Clerk of the |
14 | | Circuit Court if the reduction or
impairment is the result of |
15 | | the Clerk of the Circuit Court receiving an
award or stipend |
16 | | payable from State funds.
|
17 | | (Source: P.A. 98-24, eff. 6-19-13.)
|
18 | | Section 3-17. The Juvenile Court Act of 1987 is amended by |
19 | | changing Section 5-915 as follows:
|
20 | | (705 ILCS 405/5-915)
|
21 | | Sec. 5-915. Expungement of juvenile law enforcement and |
22 | | court records.
|
23 | | (0.05) For purposes of this Section and Section 5-622: |
24 | | "Expunge" means to physically destroy the records and |
|
| | 10000HB2591ham001 | - 117 - | LRB100 06972 MRW 22771 a |
|
|
1 | | to obliterate the minor's name from any official index or |
2 | | public record, or both. Nothing in this Act shall require |
3 | | the physical destruction of the internal office records, |
4 | | files, or databases maintained by a State's Attorney's |
5 | | Office or other prosecutor. |
6 | | "Law enforcement record" includes but is not limited to |
7 | | records of arrest, station adjustments, fingerprints, |
8 | | probation adjustments, the issuance of a notice to appear, |
9 | | or any other records maintained by a law enforcement agency |
10 | | relating to a minor suspected of committing an offense. |
11 | | (1) Whenever a person has been arrested, charged, or |
12 | | adjudicated delinquent for an incident occurring before his or |
13 | | her 18th birthday that if committed by an adult would be an |
14 | | offense, the
person may petition the court at any time for |
15 | | expungement of law
enforcement records and juvenile court |
16 | | records relating to the incident and , upon termination of all |
17 | | juvenile
court proceedings relating to that incident, the court |
18 | | shall order the expungement of all records in the possession of |
19 | | the Department of State Police, the clerk of the circuit court, |
20 | | and law enforcement agencies relating to the incident, but only |
21 | | in any of the following circumstances:
|
22 | | (a) the minor was arrested and no petition for |
23 | | delinquency was filed with
the clerk of the circuit court; |
24 | | (a-5) the minor was charged with an offense and the |
25 | | petition or petitions were dismissed without a finding of |
26 | | delinquency;
|
|
| | 10000HB2591ham001 | - 118 - | LRB100 06972 MRW 22771 a |
|
|
1 | | (b) the minor was charged with an offense and was found |
2 | | not delinquent of
that offense;
|
3 | | (c) the minor was placed under supervision pursuant to |
4 | | Section 5-615, and
the order of
supervision has since been |
5 | | successfully terminated; or
|
6 | | (d)
the minor was adjudicated for an offense which |
7 | | would be a Class B
misdemeanor, Class C misdemeanor, or a |
8 | | petty or business offense if committed by an adult.
|
9 | | (1.5) Commencing 180 days after January 1, 2015 ( the |
10 | | effective date of Public Act 98-637) this amendatory Act of the |
11 | | 98th General Assembly , the Department of State Police shall |
12 | | automatically expunge, on or before January 1 of each year, a |
13 | | person's law enforcement records which are not subject to |
14 | | subsection (1) relating to incidents occurring before his or |
15 | | her 18th birthday in the Department's possession or control and |
16 | | which contains the final disposition which pertain to the |
17 | | person when arrested as a minor if:
|
18 | | (a) the minor was arrested for an eligible offense and |
19 | | no petition for delinquency was filed with the clerk of the |
20 | | circuit court; and |
21 | | (b) the person attained the age of 18 years during the |
22 | | last calendar year; and |
23 | | (c) since the date of the minor's most recent arrest, |
24 | | at least 6 months have elapsed without an additional |
25 | | arrest, filing of a petition for delinquency whether |
26 | | related or not to a previous arrest, or filing of charges |
|
| | 10000HB2591ham001 | - 119 - | LRB100 06972 MRW 22771 a |
|
|
1 | | not initiated by arrest. |
2 | | The Department of State Police shall allow a person to use |
3 | | the Access and Review process, established in the Department of |
4 | | State Police, for verifying that his or her law enforcement |
5 | | records relating to incidents occurring before his or her 18th |
6 | | birthday eligible under this subsection have been expunged as |
7 | | provided in this subsection. |
8 | | The Department of State Police shall provide by rule the |
9 | | process for access, review, and automatic expungement. |
10 | | (1.6) Commencing on January 1, 2015 ( the effective date of |
11 | | Public Act 98-637) this amendatory Act of the 98th General |
12 | | Assembly , a person whose law enforcement records are not |
13 | | subject to subsection (1) or (1.5) of this Section and who has |
14 | | attained the age of 18 years may use the Access and Review |
15 | | process, established in the Department of State Police, for |
16 | | verifying his or her law enforcement records relating to |
17 | | incidents occurring before his or her 18th birthday in the |
18 | | Department's possession or control which pertain to the person |
19 | | when arrested as a minor, if the incident occurred no earlier |
20 | | than 30 years before January 1, 2015 ( the effective date of |
21 | | Public Act 98-637) this amendatory Act of the 98th General |
22 | | Assembly . If the person identifies a law enforcement record of |
23 | | an eligible offense that meets the requirements of this |
24 | | subsection, paragraphs (a) and (c) of subsection (1.5) of this |
25 | | Section, and all juvenile court proceedings related to the |
26 | | person have been terminated, the person may file a Request for |
|
| | 10000HB2591ham001 | - 120 - | LRB100 06972 MRW 22771 a |
|
|
1 | | Expungement of Juvenile Law Enforcement Records, in the form |
2 | | and manner prescribed by the Department of State Police, with |
3 | | the Department and the Department shall consider expungement of |
4 | | the record as otherwise provided for automatic expungement |
5 | | under subsection (1.5) of this Section. The person shall |
6 | | provide notice and a copy of the Request for Expungement of |
7 | | Juvenile Law Enforcement Records to the arresting agency, |
8 | | prosecutor charged with the prosecution of the minor, or the |
9 | | State's Attorney of the county that prosecuted the minor. The |
10 | | Department of State Police shall provide by rule the process |
11 | | for access, review, and Request for Expungement of Juvenile Law |
12 | | Enforcement Records. |
13 | | (1.7) Nothing in subsections (1.5) and (1.6) of this |
14 | | Section precludes a person from filing a petition under |
15 | | subsection (1) for expungement of records subject to automatic |
16 | | expungement under that subsection (1) or subsection (1.5) or |
17 | | (1.6) of this Section. |
18 | | (1.8) For the purposes of subsections (1.5) and (1.6) of |
19 | | this Section, "eligible offense" means records relating to an |
20 | | arrest or incident occurring before the person's 18th birthday |
21 | | that if committed by an adult is not an offense classified as a |
22 | | Class 2 felony or higher offense, an offense under Article 11 |
23 | | of the Criminal Code of 1961 or the Criminal Code of 2012, or |
24 | | an offense under Section 12-13, 12-14, 12-14.1, 12-15, or 12-16 |
25 | | of the Criminal Code of 1961. |
26 | | (2) Any person may petition the court to expunge all law |
|
| | 10000HB2591ham001 | - 121 - | LRB100 06972 MRW 22771 a |
|
|
1 | | enforcement records
relating to any
incidents occurring before |
2 | | his or her 18th birthday which did not result in
proceedings in |
3 | | criminal court and all juvenile court records with respect to
|
4 | | any adjudications except those based upon first degree
murder |
5 | | and
sex offenses which would be felonies if committed by an |
6 | | adult, if the person
for whom expungement is sought has had no
|
7 | | convictions for any crime since his or her 18th birthday and:
|
8 | | (a) has attained the age of 21 years; or
|
9 | | (b) 5 years have elapsed since all juvenile court |
10 | | proceedings relating to
him or her have been terminated or |
11 | | his or her commitment to the Department of
Juvenile Justice
|
12 | | pursuant to this Act has been terminated;
|
13 | | whichever is later of (a) or (b). Nothing in this Section 5-915 |
14 | | precludes a minor from obtaining expungement under Section |
15 | | 5-622. |
16 | | (2.5) If a minor is arrested and no petition for |
17 | | delinquency is filed with the clerk of the circuit court as |
18 | | provided in paragraph (a) of subsection (1) at the time the |
19 | | minor is released from custody, the youth officer, if |
20 | | applicable, or other designated person from the arresting |
21 | | agency, shall notify verbally and in writing to the minor or |
22 | | the minor's parents or guardians that the minor has a right to |
23 | | petition to have his or her arrest record expunged when all |
24 | | juvenile court proceedings relating to that minor have been |
25 | | terminated and that unless a petition to expunge is filed, the |
26 | | minor shall have an arrest record and shall provide the minor |
|
| | 10000HB2591ham001 | - 122 - | LRB100 06972 MRW 22771 a |
|
|
1 | | and the minor's parents or guardians with an expungement |
2 | | information packet, including a petition to expunge juvenile |
3 | | records obtained from the clerk of the circuit court. |
4 | | (2.6) If a minor is charged with an offense and is found |
5 | | not delinquent of that offense; or if a minor is placed under |
6 | | supervision under Section 5-615, and the order of supervision |
7 | | is successfully terminated; or if a minor is adjudicated for an |
8 | | offense that would be a Class B misdemeanor, a Class C |
9 | | misdemeanor, or a business or petty offense if committed by an |
10 | | adult; or if a minor has incidents occurring before his or her |
11 | | 18th birthday that have not resulted in proceedings in criminal |
12 | | court, or resulted in proceedings in juvenile court, and the |
13 | | adjudications were not based upon first degree murder or sex |
14 | | offenses that would be felonies if committed by an adult; then |
15 | | at the time of sentencing or dismissal of the case, the judge |
16 | | shall inform the delinquent minor of his or her right to |
17 | | petition for expungement as provided by law, and the clerk of |
18 | | the circuit court shall provide an expungement information |
19 | | packet to the delinquent minor, written in plain language, |
20 | | including a petition for expungement, a sample of a completed |
21 | | petition, expungement instructions that shall include |
22 | | information informing the minor that (i) once the case is |
23 | | expunged, it shall be treated as if it never occurred, (ii) he |
24 | | or she may apply to have petition fees waived, (iii) once he or |
25 | | she obtains an expungement, he or she may not be required to |
26 | | disclose that he or she had a juvenile record, and (iv) he or |
|
| | 10000HB2591ham001 | - 123 - | LRB100 06972 MRW 22771 a |
|
|
1 | | she may file the petition on his or her own or with the |
2 | | assistance of an attorney. The failure of the judge to inform |
3 | | the delinquent minor of his or her right to petition for |
4 | | expungement as provided by law does not create a substantive |
5 | | right, nor is that failure grounds for: (i) a reversal of an |
6 | | adjudication of delinquency, (ii) a new trial; or (iii) an |
7 | | appeal. |
8 | | (2.7) For counties with a population over 3,000,000, the |
9 | | clerk of the circuit court shall send a "Notification of a |
10 | | Possible Right to Expungement" post card to the minor at the |
11 | | address last received by the clerk of the circuit court on the |
12 | | date that the minor attains the age of 18 based on the |
13 | | birthdate provided to the court by the minor or his or her |
14 | | guardian in cases under paragraphs (b), (c), and (d) of |
15 | | subsection (1); and when the minor attains the age of 21 based |
16 | | on the birthdate provided to the court by the minor or his or |
17 | | her guardian in cases under subsection (2). |
18 | | (2.8) The petition for expungement for subsection (1) may |
19 | | include multiple offenses on the same petition and shall be |
20 | | substantially in the following form: |
21 | | IN THE CIRCUIT COURT OF ......, ILLINOIS
|
22 | | ........ JUDICIAL CIRCUIT
|
23 | | IN THE INTEREST OF ) NO.
|
24 | | )
|
25 | | )
|
|
| | 10000HB2591ham001 | - 124 - | LRB100 06972 MRW 22771 a |
|
|
1 | | ...................)
|
2 | | (Name of Petitioner) |
3 | | PETITION TO EXPUNGE JUVENILE RECORDS |
4 | | (705 ILCS 405/5-915 (SUBSECTION 1)) |
5 | | Now comes ............., petitioner, and respectfully requests
|
6 | | that this Honorable Court enter an order expunging all juvenile |
7 | | law enforcement and court records of petitioner and in support |
8 | | thereof states that:
Petitioner has attained the age of ...., |
9 | | his/her birth date being ......, or all
Juvenile Court |
10 | | proceedings terminated as of ......, whichever occurred later.
|
11 | | Petitioner was arrested on ..... by the ....... Police |
12 | | Department for the offense or offenses of ......., and:
|
13 | | (Check All That Apply:)
|
14 | | ( ) a. no petition or petitions were filed with the Clerk of |
15 | | the Circuit Court. |
16 | | ( ) b. was charged with ...... and was found not delinquent
of |
17 | | the offense or offenses. |
18 | | ( ) c. a petition or petitions were filed and the petition or |
19 | | petitions were dismissed without a finding of delinquency on |
20 | | ..... |
21 | | ( ) d. on ....... placed under supervision pursuant to Section |
22 | | 5-615 of the Juvenile Court Act of 1987 and such order of |
23 | | supervision successfully terminated on ........ |
24 | | ( ) e. was adjudicated for the offense or offenses, which would |
25 | | have been a Class B misdemeanor, a Class C misdemeanor, or a |
|
| | 10000HB2591ham001 | - 125 - | LRB100 06972 MRW 22771 a |
|
|
1 | | petty offense or business offense if committed by an adult.
|
2 | | Petitioner .... has .... has not been arrested on charges in |
3 | | this or any county other than the charges listed above. If |
4 | | petitioner has been arrested on additional charges, please list |
5 | | the charges below:
|
6 | | Charge(s): ...... |
7 | | Arresting Agency or Agencies: ........... |
8 | | Disposition/Result: (choose from a. through e., above): .....
|
9 | | WHEREFORE, the petitioner respectfully requests this Honorable |
10 | | Court to (1) order all law enforcement agencies to expunge all |
11 | | records of petitioner to this incident or incidents, and (2) to |
12 | | order the Clerk of the Court to expunge all records concerning |
13 | | the petitioner regarding this incident or incidents. |
14 | | ......................
|
15 | | Petitioner (Signature)
|
16 | | ..........................
|
17 | | Petitioner's Street Address
|
18 | | .....................
|
19 | | City, State, Zip Code
|
20 | | .............................
|
21 | | Petitioner's Telephone Number
|
|
| | 10000HB2591ham001 | - 126 - | LRB100 06972 MRW 22771 a |
|
|
1 | | Pursuant to the penalties of perjury under the Code of Civil |
2 | | Procedure, 735 ILCS 5/1-109, I hereby certify that the |
3 | | statements in this petition are true and correct, or on |
4 | | information and belief I believe the same to be true. |
5 | | ......................
|
6 | | Petitioner (Signature)
|
7 | | The Petition for Expungement for subsection (2) shall be |
8 | | substantially in the following form: |
9 | | IN THE CIRCUIT COURT OF ........, ILLINOIS |
10 | | ........ JUDICIAL CIRCUIT |
11 | | IN THE INTEREST OF ) NO.
|
12 | | )
|
13 | | )
|
14 | | ...................)
|
15 | | (Name of Petitioner) |
16 | | PETITION TO EXPUNGE JUVENILE RECORDS
|
17 | | (705 ILCS 405/5-915 (SUBSECTION 2))
|
18 | | (Please prepare a separate petition for each offense)
|
19 | | Now comes ............, petitioner, and respectfully requests |
20 | | that this Honorable Court enter an order expunging all Juvenile |
21 | | Law Enforcement and Court records of petitioner and in support |
22 | | thereof states that: |
|
| | 10000HB2591ham001 | - 127 - | LRB100 06972 MRW 22771 a |
|
|
1 | | The incident for which the Petitioner seeks expungement |
2 | | occurred before the Petitioner's 18th birthday and did not |
3 | | result in proceedings in criminal court and the Petitioner has |
4 | | not had any convictions for any crime since his/her 18th |
5 | | birthday; and
|
6 | | The incident for which the Petitioner seeks expungement |
7 | | occurred before the Petitioner's 18th birthday and the |
8 | | adjudication was not based upon first degree first-degree |
9 | | murder or sex offenses which would be felonies if committed by |
10 | | an adult, and the Petitioner has not had any convictions for |
11 | | any crime since his/her 18th birthday. |
12 | | Petitioner was arrested on ...... by the ....... Police |
13 | | Department for the offense of ........, and: |
14 | | (Check whichever one occurred the latest:) |
15 | | ( ) a. The Petitioner has attained the age of 21 years, his/her |
16 | | birthday being .......; or |
17 | | ( ) b. 5 years have elapsed since all juvenile court |
18 | | proceedings relating to the Petitioner have been terminated; or |
19 | | the Petitioner's commitment to the Department of Juvenile |
20 | | Justice
pursuant to the expungement of juvenile law enforcement |
21 | | and court records provisions of the Juvenile Court Act of 1987 |
22 | | has been terminated.
Petitioner ...has ...has not been arrested |
23 | | on charges in this or any other county other than the charge |
24 | | listed above. If petitioner has been arrested on additional |
25 | | charges, please list the charges below: |
26 | | Charge(s): .......... |
|
| | 10000HB2591ham001 | - 128 - | LRB100 06972 MRW 22771 a |
|
|
1 | | Arresting Agency or Agencies: ....... |
2 | | Disposition/Result: (choose from a or b, above): .......... |
3 | | WHEREFORE, the petitioner respectfully requests this Honorable |
4 | | Court to (1) order all law enforcement agencies to expunge all |
5 | | records of petitioner related to this incident, and (2) to |
6 | | order the Clerk of the Court to expunge all records concerning |
7 | | the petitioner regarding this incident. |
8 | | .......................
|
9 | | Petitioner (Signature)
|
10 | | ......................
|
11 | | Petitioner's Street Address
|
12 | | .....................
|
13 | | City, State, Zip Code
|
14 | | .............................
|
15 | | Petitioner's Telephone Number
|
16 | | Pursuant to the penalties of perjury under the Code of Civil |
17 | | Procedure, 735 ILCS 5/1-109, I hereby certify that the |
18 | | statements in this petition are true and correct, or on |
19 | | information and belief I believe the same to be true. |
20 | | ......................
|
21 | | Petitioner (Signature)
|
22 | | (3) The chief judge of the circuit in which an arrest was |
|
| | 10000HB2591ham001 | - 129 - | LRB100 06972 MRW 22771 a |
|
|
1 | | made or a charge
was brought or any
judge of that circuit |
2 | | designated by the chief judge
may, upon verified petition
of a |
3 | | person who is the subject of an arrest or a juvenile court |
4 | | proceeding
under subsection (1) or (2) of this Section, order |
5 | | the law enforcement
records or official court file, or both, to |
6 | | be expunged from the official
records of the arresting |
7 | | authority, the clerk of the circuit court and the
Department of |
8 | | State Police. The person whose records are to be expunged shall |
9 | | petition the court using the appropriate form containing his or |
10 | | her current address and shall promptly notify the clerk of the |
11 | | circuit court of any change of address. Notice
of the petition |
12 | | shall be served upon the State's Attorney or prosecutor charged |
13 | | with the duty of prosecuting the offense, the Department of |
14 | | State Police, and the arresting agency or agencies by the clerk |
15 | | of the circuit court. If an objection is filed within 45
days |
16 | | of the notice of the petition, the clerk of the circuit court |
17 | | shall set a date for hearing after the 45-day 45
day objection |
18 | | period. At the hearing the court shall hear evidence on whether |
19 | | the expungement should or should not be granted. Unless the |
20 | | State's Attorney or prosecutor, the Department of State Police, |
21 | | or an arresting agency objects to the expungement within 45
|
22 | | days of the notice, the court may enter an order granting |
23 | | expungement. The clerk shall forward a certified copy of the |
24 | | order to the Department of State Police and deliver a certified |
25 | | copy of the order to the arresting agency.
|
26 | | (3.1) The Notice of Expungement shall be in substantially |
|
| | 10000HB2591ham001 | - 131 - | LRB100 06972 MRW 22771 a |
|
|
1 | | ..., located at ..., before the Honorable ..., Judge, or any |
2 | | judge sitting in his/her stead, I shall then and there present |
3 | | a Petition to Expunge Juvenile records in the above-entitled |
4 | | matter, at which time and place you may appear. |
5 | | ......................
|
6 | | Petitioner's Signature
|
7 | | ...........................
|
8 | | Petitioner's Street Address
|
9 | | .....................
|
10 | | City, State, Zip Code
|
11 | | .............................
|
12 | | Petitioner's Telephone Number
|
13 | | PROOF OF SERVICE
|
14 | | On the ....... day of ......, 20..., I on oath state that I |
15 | | served this notice and true and correct copies of the |
16 | | above-checked documents by: |
17 | | (Check One:) |
18 | | delivering copies personally to each entity to whom they are |
19 | | directed; |
20 | | or |
21 | | by mailing copies to each entity to whom they are directed by |
22 | | depositing the same in the U.S. Mail, proper postage fully |
23 | | prepaid, before the hour of 5:00 p.m., at the United States |
24 | | Postal Depository located at ................. |
25 | | .........................................
|
26 | |
|
|
| | 10000HB2591ham001 | - 132 - | LRB100 06972 MRW 22771 a |
|
|
1 | | Signature |
2 | | Clerk of the Circuit Court or Deputy Clerk
|
3 | | Printed Name of Delinquent Minor/Petitioner: .... |
4 | | Address: ........................................ |
5 | | Telephone Number: ............................... |
6 | | (3.2) The Order of Expungement shall be in substantially |
7 | | the following form: |
8 | | IN THE CIRCUIT COURT OF ....., ILLINOIS
|
9 | | .... JUDICIAL CIRCUIT
|
10 | | IN THE INTEREST OF ) NO.
|
11 | | )
|
12 | | )
|
13 | | ...................)
|
14 | | (Name of Petitioner)
|
15 | | DOB ................ |
16 | | Arresting Agency/Agencies ...... |
17 | | ORDER OF EXPUNGEMENT
|
18 | | (705 ILCS 405/5-915 (SUBSECTION 3))
|
19 | | This matter having been heard on the petitioner's motion and |
20 | | the court being fully advised in the premises does find that |
21 | | the petitioner is indigent or has presented reasonable cause to |
22 | | waive all costs in this matter, IT IS HEREBY ORDERED that: |
23 | | ( ) 1. Clerk of Court and Department of State Police costs |
24 | | are hereby waived in this matter. |
|
| | 10000HB2591ham001 | - 133 - | LRB100 06972 MRW 22771 a |
|
|
1 | | ( ) 2. The Illinois State Police Bureau of Identification |
2 | | and the following law enforcement agencies expunge all records |
3 | | of petitioner relating to an arrest dated ...... for the |
4 | | offense of ...... |
5 | | Law Enforcement Agencies:
|
6 | | .........................
|
7 | | .........................
|
8 | | ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit |
9 | | Court expunge all records regarding the above-captioned case. |
10 | | ENTER: ......................
|
11 | |
|
12 | | JUDGE |
13 | | DATED: ....... |
14 | | Name:
|
15 | | Attorney for:
|
16 | | Address:
City/State/Zip:
|
17 | | Attorney Number: |
18 | | (3.3) The Notice of Objection shall be in substantially the |
19 | | following form: |
20 | | IN THE CIRCUIT COURT OF ....., ILLINOIS
|
21 | | ....................... JUDICIAL CIRCUIT
|
22 | | IN THE INTEREST OF ) NO.
|
23 | | )
|
24 | | )
|
25 | | ...................)
|
|
| | 10000HB2591ham001 | - 134 - | LRB100 06972 MRW 22771 a |
|
|
1 | | (Name of Petitioner) |
2 | | NOTICE OF OBJECTION
|
3 | | TO:(Attorney, Public Defender, Minor)
|
4 | | .................................
|
5 | | .................................
|
6 | | TO:(Illinois State Police)
|
7 | | .................................
|
8 | | ................................. |
9 | | TO:(Clerk of the Court)
|
10 | | .................................
|
11 | | .................................
|
12 | | TO:(Judge)
|
13 | | .................................
|
14 | | .................................
|
15 | | TO:(Arresting Agency/Agencies)
|
16 | | .................................
|
17 | | ................................. |
18 | | ATTENTION:
You are hereby notified that an objection has been |
19 | | filed by the following entity regarding the above-named minor's |
20 | | petition for expungement of juvenile records: |
21 | | ( ) State's Attorney's Office;
|
22 | | ( ) Prosecutor (other than State's Attorney's Office) charged |
23 | | with the duty of prosecuting the offense sought to be expunged;
|
24 | | ( ) Department of Illinois State Police; or
|
25 | | ( ) Arresting Agency or Agencies.
|
|
| | 10000HB2591ham001 | - 135 - | LRB100 06972 MRW 22771 a |
|
|
1 | | The agency checked above respectfully requests that this case |
2 | | be continued and set for hearing on whether the expungement |
3 | | should or should not be granted.
|
4 | | DATED: ....... |
5 | | Name: |
6 | | Attorney For:
|
7 | | Address: |
8 | | City/State/Zip:
|
9 | | Telephone:
|
10 | | Attorney No.:
|
11 | | FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
|
12 | | This matter has been set for hearing on the foregoing |
13 | | objection, on ...... in room ...., located at ....., before the |
14 | | Honorable ....., Judge, or any judge sitting in his/her stead.
|
15 | | (Only one hearing shall be set, regardless of the number of |
16 | | Notices of Objection received on the same case).
|
17 | | A copy of this completed Notice of Objection containing the |
18 | | court date, time, and location, has been sent via regular U.S. |
19 | | Mail to the following entities. (If more than one Notice of |
20 | | Objection is received on the same case, each one must be |
21 | | completed with the court date, time and location and mailed to |
22 | | the following entities):
|
23 | | ( ) Attorney, Public Defender or Minor;
|
24 | | ( ) State's Attorney's Office; |
25 | | ( ) Prosecutor (other than State's Attorney's Office) charged |
26 | | with the duty of prosecuting the offense sought to be expunged; |
|
| | 10000HB2591ham001 | - 136 - | LRB100 06972 MRW 22771 a |
|
|
1 | | ( ) Department of Illinois State Police; and |
2 | | ( ) Arresting agency or agencies.
|
3 | | Date: ...... |
4 | | Initials of Clerk completing this section: .....
|
5 | | (4) Upon entry of an order expunging records or files, the |
6 | | offense, which
the records or files concern shall be treated as |
7 | | if it never occurred. Law
enforcement officers and other public |
8 | | offices and agencies shall properly reply
on inquiry that no |
9 | | record or file exists with respect to the
person.
|
10 | | (5) Records which have not been expunged are sealed, and |
11 | | may be obtained
only under the provisions of Sections 5-901, |
12 | | 5-905 , and 5-915.
|
13 | | (6) Nothing in this Section shall be construed to prohibit |
14 | | the maintenance
of information relating to an offense after |
15 | | records or files concerning the
offense have been expunged if |
16 | | the information is kept in a manner that does not
enable |
17 | | identification of the offender. This information may only be |
18 | | used for
statistical and bona fide research purposes. |
19 | | (6.5) The Department of State Police or any employee of the |
20 | | Department shall be immune from civil or criminal liability for |
21 | | failure to expunge any records of arrest that are subject to |
22 | | expungement under subsection (1.5) or (1.6) of this Section |
23 | | because of inability to verify a record. Nothing in subsection |
24 | | (1.5) or (1.6) of this Section shall create Department of State |
25 | | Police liability or responsibility for the expungement of law |
26 | | enforcement records it does not possess. |
|
| | 10000HB2591ham001 | - 137 - | LRB100 06972 MRW 22771 a |
|
|
1 | | (7)(a) The State Appellate Defender shall establish, |
2 | | maintain, and carry out, by December 31, 2004, a juvenile |
3 | | expungement program
to provide information and assistance to |
4 | | minors eligible to have their juvenile records expunged.
|
5 | | (b) The State Appellate Defender shall develop brochures, |
6 | | pamphlets, and
other
materials in
printed form and through the |
7 | | agency's World Wide Web site. The pamphlets and
other materials |
8 | | shall
include at a minimum the following information:
|
9 | | (i) An explanation of the State's juvenile expungement |
10 | | process; |
11 | | (ii) The circumstances under which juvenile |
12 | | expungement may occur; |
13 | | (iii) The juvenile offenses that may be expunged; |
14 | | (iv) The steps necessary to initiate and complete the |
15 | | juvenile expungement process;
and |
16 | | (v) Directions on how to contact the State Appellate |
17 | | Defender. |
18 | | (c) The State Appellate Defender shall establish and |
19 | | maintain a statewide
toll-free telephone
number that a person |
20 | | may use to receive information or assistance concerning
the |
21 | | expungement of juvenile records. The State Appellate
Defender |
22 | | shall advertise
the toll-free telephone number statewide. The |
23 | | State Appellate Defender shall
develop an expungement
|
24 | | information packet that may be sent to eligible persons seeking |
25 | | expungement of
their juvenile records,
which may include, but |
26 | | is not limited to, a pre-printed expungement petition
with |
|
| | 10000HB2591ham001 | - 138 - | LRB100 06972 MRW 22771 a |
|
|
1 | | instructions on how
to complete the petition and a pamphlet |
2 | | containing information that would
assist individuals through
|
3 | | the juvenile expungement process. |
4 | | (d) The State Appellate Defender shall compile a statewide |
5 | | list of volunteer
attorneys willing
to assist eligible |
6 | | individuals through the juvenile expungement process. |
7 | | (e) This Section shall be implemented from funds |
8 | | appropriated by the General
Assembly to the State
Appellate |
9 | | Defender
for this purpose. The State Appellate Defender shall |
10 | | employ the necessary staff
and adopt the
necessary rules for |
11 | | implementation of this Section. |
12 | | (8)(a) Except with respect to law enforcement agencies, the |
13 | | Department of Corrections, State's Attorneys, or other |
14 | | prosecutors, an expunged juvenile record may not be considered |
15 | | by any private or public entity in employment matters, |
16 | | certification, licensing, revocation of certification or |
17 | | licensure, or registration. Applications for employment must |
18 | | contain specific language that states that the applicant is not |
19 | | obligated to disclose expunged juvenile records of conviction |
20 | | or arrest. Employers may not ask if an applicant has had a |
21 | | juvenile record expunged. Effective January 1, 2005, the |
22 | | Department of Labor shall develop a link on the Department's |
23 | | website to inform employers that employers may not ask if an |
24 | | applicant had a juvenile record expunged and that application |
25 | | for employment must contain specific language that states that |
26 | | the applicant is not obligated to disclose expunged juvenile |
|
| | 10000HB2591ham001 | - 139 - | LRB100 06972 MRW 22771 a |
|
|
1 | | records of arrest or conviction. |
2 | | (b) A person whose juvenile records have been expunged is |
3 | | not entitled to remission of any fines, costs, or other money |
4 | | paid as a consequence of expungement. Public Act 93-912 This |
5 | | amendatory Act of the 93rd General Assembly does not affect the |
6 | | right of the victim of a crime to prosecute or defend a civil |
7 | | action for damages.
|
8 | | (c) The expungement of juvenile records under Section 5-622 |
9 | | shall be funded by the additional fine imposed under Section |
10 | | 5-9-1.17 of the Unified Code of Corrections and additional |
11 | | appropriations made by the General Assembly for such purpose. |
12 | | (9) The changes made to this Section by Public Act 98-61 |
13 | | apply to law enforcement records of a minor who has been |
14 | | arrested or taken into custody on or after January 1, 2014 (the |
15 | | effective date of Public Act 98-61). |
16 | | (10) The changes made in subsection (1.5) of this Section |
17 | | by Public Act 98-637 this amendatory Act of the 98th General |
18 | | Assembly apply to law enforcement records of a minor who has |
19 | | been arrested or taken into custody on or after January 1, |
20 | | 2015. The changes made in subsection (1.6) of this Section by |
21 | | Public Act 98-637 this amendatory Act of the 98th General |
22 | | Assembly apply to law enforcement records of a minor who has |
23 | | been arrested or taken into custody before January 1, 2015. |
24 | | (Source: P.A. 98-61, eff. 1-1-14; 98-637, eff. 1-1-15; 98-756, |
25 | | eff. 7-16-14; 99-835, eff. 1-1-17; 99-881, eff. 1-1-17; revised |
26 | | 9-2-16.)
|
|
| | 10000HB2591ham001 | - 140 - | LRB100 06972 MRW 22771 a |
|
|
1 | | Section 3-19. The Criminal Code of 2012 is amended by |
2 | | changing Section 12-3.4 as follows:
|
3 | | (720 ILCS 5/12-3.4) (was 720 ILCS 5/12-30)
|
4 | | Sec. 12-3.4. Violation of an order of protection.
|
5 | | (a) A person commits violation of an order of protection |
6 | | if:
|
7 | | (1) He or she knowingly commits an act which was |
8 | | prohibited by a court or fails
to commit
an act which was |
9 | | ordered by a court in violation of:
|
10 | | (i) a remedy in a valid
order of protection |
11 | | authorized under paragraphs (1), (2), (3), (14),
or
|
12 | | (14.5) of
subsection (b) of Section 214 of the Illinois |
13 | | Domestic Violence Act of 1986,
|
14 | | (ii) a remedy, which is substantially similar to |
15 | | the remedies
authorized
under paragraphs (1), (2), |
16 | | (3), (14) or (14.5) of subsection (b) of Section 214
of |
17 | | the Illinois Domestic Violence Act of 1986, in a valid |
18 | | order of protection,
which is authorized under the laws |
19 | | of another state, tribe or United States
territory,
|
20 | | (iii) any other remedy when the act constitutes a |
21 | | crime against the
protected parties
as the term |
22 | | protected parties is defined in Section 112A-4 of the |
23 | | Code of
Criminal Procedure of 1963; and
|
24 | | (2) Such violation occurs after the offender has been |
|
| | 10000HB2591ham001 | - 141 - | LRB100 06972 MRW 22771 a |
|
|
1 | | served notice of
the contents of the order, pursuant to the |
2 | | Illinois Domestic Violence
Act of 1986 or any substantially |
3 | | similar statute of another state, tribe or
United
States |
4 | | territory, or otherwise has acquired actual knowledge of |
5 | | the contents
of the
order.
|
6 | | An order of protection issued by a state, tribal or |
7 | | territorial
court
related to domestic or family violence shall |
8 | | be deemed valid if the issuing
court had jurisdiction over the |
9 | | parties and matter under the law of the state,
tribe or |
10 | | territory. There shall be a presumption of validity where an |
11 | | order is
certified and appears authentic on its face. For |
12 | | purposes of this Section, an "order of protection" may have |
13 | | been
issued in a criminal or civil proceeding.
|
14 | | (a-5) Failure to provide reasonable notice and opportunity |
15 | | to be heard
shall
be an affirmative defense to any charge or |
16 | | process filed seeking enforcement of
a foreign order of |
17 | | protection.
|
18 | | (b) Nothing in this Section shall be construed to diminish |
19 | | the inherent
authority of the courts to enforce their lawful |
20 | | orders through civil or
criminal contempt proceedings.
|
21 | | (c) The limitations placed on law enforcement liability by |
22 | | Section 305 of
the Illinois Domestic Violence Act of 1986 apply |
23 | | to actions taken under this
Section.
|
24 | | (d) Violation of an order of protection is a Class A |
25 | | misdemeanor.
Violation of an order of protection is a
Class 4 |
26 | | felony if the defendant has any prior conviction under this |
|
| | 10000HB2591ham001 | - 142 - | LRB100 06972 MRW 22771 a |
|
|
1 | | Code for
domestic battery (Section 12-3.2)
or violation of an |
2 | | order of protection (Section 12-3.4 or
12-30) or any prior |
3 | | conviction under the law of another jurisdiction for an offense |
4 | | that could be charged in this State as a domestic battery or |
5 | | violation of an order of protection. Violation of an order of |
6 | | protection is a Class 4 felony if the
defendant has any prior |
7 | | conviction under this Code for
first degree murder (Section |
8 | | 9-1), attempt to commit first degree murder
(Section 8-4), |
9 | | aggravated domestic battery (Section 12-3.3),
aggravated |
10 | | battery
(Section 12-3.05 or 12-4),
heinous battery (Section |
11 | | 12-4.1), aggravated battery with a firearm (Section
12-4.2), |
12 | | aggravated battery with a machine gun or a firearm equipped |
13 | | with a silencer (Section 12-4.2-5), aggravated battery of a |
14 | | child (Section 12-4.3), aggravated battery of
an unborn child |
15 | | (subsection (a-5) of Section 12-3.1, or Section 12-4.4), |
16 | | aggravated battery of a senior citizen
(Section 12-4.6),
|
17 | | stalking (Section 12-7.3), aggravated stalking (Section
|
18 | | 12-7.4),
criminal sexual assault (Section 11-1.20 or 12-13), |
19 | | aggravated criminal sexual assault
(Section 11-1.30 or 12-14), |
20 | | kidnapping (Section 10-1), aggravated kidnapping (Section |
21 | | 10-2),
predatory criminal sexual assault of a child (Section |
22 | | 11-1.40 or 12-14.1),
aggravated criminal sexual abuse (Section |
23 | | 11-1.60 or 12-16),
unlawful restraint (Section 10-3), |
24 | | aggravated unlawful restraint
(Section
10-3.1),
aggravated |
25 | | arson (Section 20-1.1), aggravated discharge of a firearm
|
26 | | (Section 24-1.2), or a violation of any former law of this |
|
| | 10000HB2591ham001 | - 143 - | LRB100 06972 MRW 22771 a |
|
|
1 | | State that is substantially similar to any listed offense,
or |
2 | | any prior conviction under the law of another jurisdiction for |
3 | | an offense that could be charged in this State as one of the |
4 | | offenses listed in this Section, when any of these offenses |
5 | | have been committed against a family or
household member as |
6 | | defined in Section 112A-3 of the Code of Criminal Procedure
of |
7 | | 1963. The court shall impose a minimum penalty of 24 hours |
8 | | imprisonment for
defendant's second or subsequent violation of |
9 | | any order of protection; unless
the court explicitly finds that |
10 | | an increased penalty or such period of
imprisonment would be |
11 | | manifestly unjust. In addition to any other penalties,
the |
12 | | court may order the defendant to pay a fine as authorized under |
13 | | Section
5-9-1 of the Unified Code of Corrections or to make |
14 | | restitution to the victim
under Section 5-5-6 of the Unified |
15 | | Code of Corrections. In addition to any
other penalties, |
16 | | including those imposed by Section 5-9-1.5 of the Unified Code
|
17 | | of Corrections, the court shall impose an additional fine of |
18 | | $20 as authorized
by Section 5-9-1.11 of the Unified Code of |
19 | | Corrections upon any person
convicted of or placed on |
20 | | supervision for a violation of this
Section. The additional |
21 | | fine shall
be imposed for each violation of this Section.
|
22 | | (e) (Blank).
|
23 | | (f) A defendant who directed the actions of a third party |
24 | | to violate this Section, under the principles of accountability |
25 | | set forth in Article 5 of this Code, is guilty of violating |
26 | | this Section as if the same had been personally done by the |
|
| | 10000HB2591ham001 | - 144 - | LRB100 06972 MRW 22771 a |
|
|
1 | | defendant, without regard to the mental state of the third |
2 | | party acting at the direction of the defendant. |
3 | | (Source: P.A. 96-1551, Article 1, Section 5, eff. 7-1-11; |
4 | | 96-1551, Article 2, Section 1035, eff. 7-1-11; incorporates |
5 | | 97-311, eff. 8-11-11; 97-919, eff. 8-10-12; 97-1109, eff. |
6 | | 1-1-13.)
|
7 | | Section 3-20. The Cannabis Control Act is amended by |
8 | | changing Section 10.3 as follows:
|
9 | | (720 ILCS 550/10.3) (from Ch. 56 1/2, par. 710.3)
|
10 | | Sec. 10.3.
(a) Every person convicted of a violation of |
11 | | this Act , and
every person placed on probation, conditional |
12 | | discharge, supervision or
probation under Section 10 of this |
13 | | Act, shall be assessed an amount as set forth in Section 2-15 |
14 | | or 2-35 of the Criminal and Traffic Assessment Act. for each |
15 | | offense
a sum fixed at:
|
16 | | (1) $3,000 for a Class X felony;
|
17 | | (2) $2,000 for a Class 1 felony;
|
18 | | (3) $1,000 for a Class 2 felony;
|
19 | | (4) $500 for a Class 3 or Class 4 felony;
|
20 | | (5) $300 for a Class A misdemeanor;
|
21 | | (6) $200 for a Class B or Class C misdemeanor.
|
22 | | (b) (Blank). The assessment under this Section is in |
23 | | addition to and not in lieu
of any fines, restitution costs, |
24 | | forfeitures or other assessments
authorized or required by law.
|
|
| | 10000HB2591ham001 | - 145 - | LRB100 06972 MRW 22771 a |
|
|
1 | | (c) As a condition of the assessment, the court may require |
2 | | that payment
be made in specified installments or within a |
3 | | specified period of time. If
the assessment is not paid within |
4 | | the period of probation, conditional
discharge or supervision |
5 | | to which the defendant was originally sentenced,
the court may |
6 | | extend the period of probation, conditional discharge or
|
7 | | supervision pursuant to Section 5-6-2 or 5-6-3.1 of the Unified |
8 | | Code of
Corrections, as applicable, until the assessment is |
9 | | paid or until
successful completion of public or community |
10 | | service set forth in
subsection (e) or the successful |
11 | | completion of the substance abuse
intervention or treatment |
12 | | program set forth in subsection (f). If a term
of probation, |
13 | | conditional discharge or supervision is not imposed, the
|
14 | | assessment shall be payable upon judgment or as directed by the |
15 | | court.
|
16 | | (d) (Blank). If an assessment for a violation of this Act |
17 | | is imposed on an
organization, it is the duty of each |
18 | | individual authorized to make
disbursements of the assets of |
19 | | the organization to pay the assessment from
assets of the |
20 | | organization.
|
21 | | (e) A defendant who has been ordered to pay an assessment |
22 | | may petition
the court to convert all or part of the assessment |
23 | | into court-approved
public or community service. One hour of |
24 | | public or community service shall
be equivalent to $4 of |
25 | | assessment. The performance of this public or
community service |
26 | | shall be a condition of the probation, conditional
discharge or |
|
| | 10000HB2591ham001 | - 146 - | LRB100 06972 MRW 22771 a |
|
|
1 | | supervision and shall be in addition to the performance of any
|
2 | | other period of public or community service ordered by the |
3 | | court or required
by law.
|
4 | | (f) The court may suspend the collection of the assessment |
5 | | imposed
under this Section ; provided the defendant agrees to |
6 | | enter a substance
abuse intervention or treatment program |
7 | | approved by the court; and further
provided that the defendant |
8 | | agrees to pay for all or some portion of the
costs associated |
9 | | with the intervention or treatment program. In this case,
the |
10 | | collection of the assessment imposed under this Section shall |
11 | | be
suspended during the defendant's participation in the |
12 | | approved
intervention or treatment program. Upon successful
|
13 | | completion of the program, the defendant may apply to the court |
14 | | to reduce
the assessment imposed under this Section by any |
15 | | amount actually paid
by the defendant for his participation in |
16 | | the program. The court shall not
reduce the penalty under this |
17 | | subsection unless the defendant
establishes to the |
18 | | satisfaction of the court that he has successfully
completed |
19 | | the intervention or treatment program. If the defendant's
|
20 | | participation is for any reason terminated before his |
21 | | successful completion
of the intervention or treatment |
22 | | program, collection of the entire
assessment imposed under this |
23 | | Section shall be enforced. Nothing in this
Section shall be |
24 | | deemed to affect or suspend any other fines, restitution
costs, |
25 | | forfeitures or assessments imposed under this or any other Act.
|
26 | | (g) (Blank). T he court shall not impose more than one |
|
| | 10000HB2591ham001 | - 147 - | LRB100 06972 MRW 22771 a |
|
|
1 | | assessment per complaint,
indictment or information. If the |
2 | | person is convicted of more than one
offense in a complaint, |
3 | | indictment or information, the assessment shall be
based on the |
4 | | highest class offense for which the person is convicted.
|
5 | | (h) (Blank). All moneys collected under this Section shall |
6 | | be forwarded by the
clerk of the circuit court to the State |
7 | | Treasurer for deposit in the
Drug Treatment Fund and expended |
8 | | as provided in Section 411.2 of the
Illinois Controlled |
9 | | Substances Act.
|
10 | | (Source: P.A. 87-772.)
|
11 | | Section 3-25. The Illinois Controlled Substances Act is |
12 | | amended by changing Section 411.2 as follows:
|
13 | | (720 ILCS 570/411.2) (from Ch. 56 1/2, par. 1411.2)
|
14 | | Sec. 411.2.
(a) Every person convicted of a violation of |
15 | | this Act , and
every person placed on probation, conditional |
16 | | discharge, supervision or
probation under Section 410 of this |
17 | | Act, shall be assessed an amount as set forth in Section 2-15 |
18 | | or 2-35 of the Criminal and Traffic Assessment Act. for each |
19 | | offense
a sum fixed at:
|
20 | | (1) $3,000 for a Class X felony;
|
21 | | (2) $2,000 for a Class 1 felony;
|
22 | | (3) $1,000 for a Class 2 felony;
|
23 | | (4) $500 for a Class 3 or Class 4 felony;
|
24 | | (5) $300 for a Class A misdemeanor;
|
|
| | 10000HB2591ham001 | - 148 - | LRB100 06972 MRW 22771 a |
|
|
1 | | (6) $200 for a Class B or Class C misdemeanor.
|
2 | | (b) (Blank). The assessment under this Section is in |
3 | | addition to and not in lieu
of any fines, restitution costs, |
4 | | forfeitures or other assessments
authorized or required by law.
|
5 | | (c) As a condition of the assessment, the court may require |
6 | | that payment
be made in specified installments or within a |
7 | | specified period of time. If
the assessment is not paid within |
8 | | the period of probation, conditional
discharge or supervision |
9 | | to which the defendant was originally sentenced,
the court may |
10 | | extend the period of probation, conditional discharge or
|
11 | | supervision pursuant to Section 5-6-2 or 5-6-3.1 of the Unified |
12 | | Code of
Corrections, as applicable, until the assessment is |
13 | | paid or until
successful completion of public or community |
14 | | service set forth in
subsection (e) or the successful |
15 | | completion of the substance abuse
intervention or treatment |
16 | | program set forth in subsection (f). If a term
of probation, |
17 | | conditional discharge or supervision is not imposed, the
|
18 | | assessment shall be payable upon judgment or as directed by the |
19 | | court.
|
20 | | (d) (Blank). If an assessment for a violation of this Act |
21 | | is imposed on an
organization, it is the duty of each |
22 | | individual authorized to make
disbursements of the assets of |
23 | | the organization to pay the assessment from
assets of the |
24 | | organization.
|
25 | | (e) A defendant who has been ordered to pay an assessment |
26 | | may petition
the court to convert all or part of the assessment |
|
| | 10000HB2591ham001 | - 149 - | LRB100 06972 MRW 22771 a |
|
|
1 | | into court-approved
public or community service. One hour of |
2 | | public or community service shall
be equivalent to $4 of |
3 | | assessment. The performance of this public or
community service |
4 | | shall be a condition of the probation, conditional
discharge or |
5 | | supervision and shall be in addition to the performance of any
|
6 | | other period of public or community service ordered by the |
7 | | court or required
by law.
|
8 | | (f) The court may suspend the collection of the assessment |
9 | | imposed
under this Section ; provided the defendant agrees to |
10 | | enter a substance
abuse intervention or treatment program |
11 | | approved by the court; and further
provided that the defendant |
12 | | agrees to pay for all or some portion of the
costs associated |
13 | | with the intervention or treatment program. In this case,
the |
14 | | collection of the assessment imposed under this Section shall |
15 | | be
suspended during the defendant's participation in the |
16 | | approved
intervention or treatment program. Upon successful |
17 | | completion of the
program, the defendant may apply to the court |
18 | | to reduce the assessment
imposed under this Section by any |
19 | | amount actually paid by the defendant for
his or her |
20 | | participation in the program. The court shall not reduce the |
21 | | penalty
under this subsection unless the defendant establishes |
22 | | to the satisfaction
of the court that he or she has |
23 | | successfully completed the intervention or
treatment program. |
24 | | If the defendant's participation is for any reason
terminated |
25 | | before his or her successful completion of the intervention or
|
26 | | treatment program, collection of the entire assessment imposed |
|
| | 10000HB2591ham001 | - 150 - | LRB100 06972 MRW 22771 a |
|
|
1 | | under this
Section shall be enforced. Nothing in this Section |
2 | | shall be deemed to
affect or suspend any other fines, |
3 | | restitution costs, forfeitures or
assessments imposed under |
4 | | this or any other Act.
|
5 | | (g) (Blank). The court shall not impose more than one |
6 | | assessment per complaint,
indictment or information. If the |
7 | | person is convicted of more than one
offense in a complaint, |
8 | | indictment or information, the assessment shall be
based on the |
9 | | highest class offense for which the person is convicted.
|
10 | | (h) The In counties under 3,000,000, all moneys collected |
11 | | under this Section
shall be forwarded by the clerk of the |
12 | | circuit court to the State Treasurer
for deposit in the Drug |
13 | | Treatment Fund , which is hereby established as a
special fund |
14 | | within the State Treasury. The Department of Human Services may |
15 | | make grants to persons licensed under
Section 15-10 of
the |
16 | | Alcoholism and Other Drug Abuse and Dependency Act or to
|
17 | | municipalities
or counties from funds appropriated to the |
18 | | Department from the Drug
Treatment Fund for the treatment of |
19 | | pregnant women who are addicted to
alcohol, cannabis or |
20 | | controlled substances and for the needed care of
minor, |
21 | | unemancipated children of women undergoing residential drug
|
22 | | treatment. If the Department of Human Services grants funds
to |
23 | | a municipality or a county that the Department determines is |
24 | | not
experiencing a problem with pregnant women addicted to |
25 | | alcohol, cannabis or
controlled substances, or with care for |
26 | | minor, unemancipated children of
women undergoing residential |
|
| | 10000HB2591ham001 | - 151 - | LRB100 06972 MRW 22771 a |
|
|
1 | | drug treatment, or intervention, the funds
shall be used for |
2 | | the treatment of any person addicted to alcohol, cannabis
or |
3 | | controlled substances. The Department may adopt such rules as |
4 | | it deems
appropriate for the administration of such grants.
|
5 | | (i) (Blank). In counties over 3,000,000, all moneys |
6 | | collected under this Section
shall be forwarded to the County |
7 | | Treasurer for deposit into the County
Health Fund. The County |
8 | | Treasurer shall, no later than the
15th day of each month, |
9 | | forward to the State Treasurer 30 percent of all
moneys |
10 | | collected under this Act and received into the County Health
|
11 | | Fund since the prior remittance to the State Treasurer.
Funds |
12 | | retained by the County shall be used for community-based |
13 | | treatment of
pregnant women who are addicted to alcohol, |
14 | | cannabis, or controlled
substances or for the needed care of |
15 | | minor, unemancipated children of these
women. Funds forwarded |
16 | | to the State Treasurer shall be deposited into the
State Drug |
17 | | Treatment Fund maintained by the State Treasurer from which the
|
18 | | Department of Human Services may make
grants to persons |
19 | | licensed under Section 15-10 of the Alcoholism and
Other Drug
|
20 | | Abuse and Dependency Act or to municipalities or counties from |
21 | | funds
appropriated to
the Department from the Drug Treatment |
22 | | Fund, provided that the moneys
collected from each county be |
23 | | returned proportionately to the counties
through grants to |
24 | | licensees located within the county from which the
assessment |
25 | | was received and moneys in the State Drug Treatment Fund shall
|
26 | | not supplant other local, State or federal funds. If the |
|
| | 10000HB2591ham001 | - 152 - | LRB100 06972 MRW 22771 a |
|
|
1 | | Department of Human
Services grants funds to a
municipality or |
2 | | county that the Department determines is not experiencing a
|
3 | | problem with pregnant women addicted to alcohol, cannabis or |
4 | | controlled
substances, or with care for minor, unemancipated |
5 | | children or women
undergoing residential drug treatment, the |
6 | | funds shall be used for the
treatment of any person addicted to |
7 | | alcohol, cannabis or controlled
substances. The Department may |
8 | | adopt such rules as it deems appropriate
for the administration |
9 | | of such grants.
|
10 | | (Source: P.A. 97-334, eff. 1-1-12.)
|
11 | | Section 3-30. The Methamphetamine Control and Community |
12 | | Protection Act is amended by changing Section 80 as follows: |
13 | | (720 ILCS 646/80)
|
14 | | Sec. 80. Assessment. |
15 | | (a) Every person convicted of a violation of this Act , and |
16 | | every person placed on probation, conditional discharge, |
17 | | supervision, or probation under this Act, shall be assessed an |
18 | | amount as set forth in Section 2-15 or 2-35 of the Criminal and |
19 | | Traffic Assessment Act. for each offense a sum fixed at:
|
20 | | (1) $3,000 for a Class X felony;
|
21 | | (2) $2,000 for a Class 1 felony;
|
22 | | (3) $1,000 for a Class 2 felony;
|
23 | | (4) $500 for a Class 3 or Class 4 felony. |
24 | | (b) (Blank). The assessment under this Section is in |
|
| | 10000HB2591ham001 | - 153 - | LRB100 06972 MRW 22771 a |
|
|
1 | | addition to and not in lieu of any fines, restitution, costs, |
2 | | forfeitures, or other assessments authorized or required by |
3 | | law.
|
4 | | (c) As a condition of the assessment, the court may require |
5 | | that payment be made in specified installments or within a |
6 | | specified period of time. If the assessment is not paid within |
7 | | the period of probation, conditional discharge, or supervision |
8 | | to which the defendant was originally sentenced, the court may |
9 | | extend the period of probation, conditional discharge, or |
10 | | supervision pursuant to Section 5-6-2 or 5-6-3.1 of the Unified |
11 | | Code of Corrections, as applicable, until the assessment is |
12 | | paid or until successful completion of public or community |
13 | | service set forth in subsection (e) or the successful |
14 | | completion of the substance abuse intervention or treatment |
15 | | program set forth in subsection (f). If a term of probation, |
16 | | conditional discharge, or supervision is not imposed, the |
17 | | assessment shall be payable upon judgment or as directed by the |
18 | | court.
|
19 | | (d) (Blank). If an assessment for a violation of this Act |
20 | | is imposed on an organization, it is the duty of each |
21 | | individual authorized to make disbursements of the assets of |
22 | | the organization to pay the assessment from assets of the |
23 | | organization.
|
24 | | (e) A defendant who has been ordered to pay an assessment |
25 | | may petition the court to convert all or part of the assessment |
26 | | into court-approved public or community service. One hour of |
|
| | 10000HB2591ham001 | - 154 - | LRB100 06972 MRW 22771 a |
|
|
1 | | public or community service shall be equivalent to $4 of |
2 | | assessment. The performance of this public or community service |
3 | | shall be a condition of the probation, conditional discharge, |
4 | | or supervision and shall be in addition to the performance of |
5 | | any other period of public or community service ordered by the |
6 | | court or required by law.
|
7 | | (f) The court may suspend the collection of the assessment |
8 | | imposed under this Section if the defendant agrees to enter a |
9 | | substance abuse intervention or treatment program approved by |
10 | | the court and the defendant agrees to pay for all or some |
11 | | portion of the costs associated with the intervention or |
12 | | treatment program. In this case, the collection of the |
13 | | assessment imposed under this Section shall be suspended during |
14 | | the defendant's participation in the approved intervention or |
15 | | treatment program. Upon successful completion of the program, |
16 | | the defendant may apply to the court to reduce the assessment |
17 | | imposed under this Section by any amount actually paid by the |
18 | | defendant for his or her participation in the program. The |
19 | | court shall not reduce the penalty under this subsection unless |
20 | | the defendant establishes to the satisfaction of the court that |
21 | | he or she has successfully completed the intervention or |
22 | | treatment program. If the defendant's participation is for any |
23 | | reason terminated before his or her successful completion of |
24 | | the intervention or treatment program, collection of the entire |
25 | | assessment imposed under this Section shall be enforced. |
26 | | Nothing in this Section shall be deemed to affect or suspend |
|
| | 10000HB2591ham001 | - 155 - | LRB100 06972 MRW 22771 a |
|
|
1 | | any other fines, restitution costs, forfeitures, or |
2 | | assessments imposed under this or any other Act.
|
3 | | (g) (Blank). The court shall not impose more than one |
4 | | assessment per complaint, indictment, or information. If the |
5 | | person is convicted of more than one offense in a complaint, |
6 | | indictment, or information, the assessment shall be based on |
7 | | the highest class offense for which the person is convicted.
|
8 | | (h) In counties with a population under 3,000,000, all |
9 | | moneys collected under this Section shall be forwarded by the |
10 | | clerk of the circuit court to the State Treasurer for deposit |
11 | | in the Drug Treatment Fund. The Department of Human Services |
12 | | may make grants to persons licensed under Section 15-10 of the |
13 | | Alcoholism and Other Drug Abuse and Dependency Act or to |
14 | | municipalities or counties from funds appropriated to the |
15 | | Department from the Drug Treatment Fund for the treatment of |
16 | | pregnant women who are addicted to alcohol, cannabis or |
17 | | controlled substances and for the needed care of minor, |
18 | | unemancipated children of women undergoing residential drug |
19 | | treatment. If the Department of Human Services grants funds to |
20 | | a municipality or a county that the Department determines is |
21 | | not experiencing a problem with pregnant women addicted to |
22 | | alcohol, cannabis or controlled substances, or with care for |
23 | | minor, unemancipated children of women undergoing residential |
24 | | drug treatment, or intervention, the funds shall be used for |
25 | | the treatment of any person addicted to alcohol, cannabis, or |
26 | | controlled substances. The Department may adopt such rules as |
|
| | 10000HB2591ham001 | - 156 - | LRB100 06972 MRW 22771 a |
|
|
1 | | it deems appropriate for the administration of such grants.
|
2 | | (i) (Blank). In counties with a population of 3,000,000 or |
3 | | more, all moneys collected under this Section shall be |
4 | | forwarded to the County Treasurer for deposit into the County |
5 | | Health Fund. The County Treasurer shall, no later than the 15th |
6 | | day of each month, forward to the State Treasurer 30 percent of |
7 | | all moneys collected under this Act and received into the |
8 | | County Health Fund since the prior remittance to the State |
9 | | Treasurer. Funds retained by the County shall be used for |
10 | | community-based treatment of pregnant women who are addicted to |
11 | | alcohol, cannabis, or controlled substances or for the needed |
12 | | care of minor, unemancipated children of these women. Funds |
13 | | forwarded to the State Treasurer shall be deposited into the |
14 | | State Drug Treatment Fund maintained by the State Treasurer |
15 | | from which the Department of Human Services may make grants to |
16 | | persons licensed under Section 15-10 of the Alcoholism and |
17 | | Other Drug Abuse and Dependency Act or to municipalities or |
18 | | counties from funds appropriated to the Department from the |
19 | | Drug Treatment Fund, provided that the moneys collected from |
20 | | each county be returned proportionately to the counties through |
21 | | grants to licensees located within the county from which the |
22 | | assessment was received and moneys in the State Drug Treatment |
23 | | Fund shall not supplant other local, State or federal funds. If |
24 | | the Department of Human Services grants funds to a municipality |
25 | | or county that the Department determines is not experiencing a |
26 | | problem with pregnant women addicted to alcohol, cannabis or |
|
| | 10000HB2591ham001 | - 157 - | LRB100 06972 MRW 22771 a |
|
|
1 | | controlled substances, or with care for minor, unemancipated |
2 | | children or women undergoing residential drug treatment, the |
3 | | funds shall be used for the treatment of any person addicted to |
4 | | alcohol, cannabis or controlled substances. The Department may |
5 | | adopt such rules as it deems appropriate for the administration |
6 | | of such grants.
|
7 | | (Source: P.A. 94-556, eff. 9-11-05.) |
8 | | Section 3-35. The Code of Criminal Procedure of 1963 is |
9 | | amended by adding Section 124A-20 as follows: |
10 | | (725 ILCS 5/124A-20 new) |
11 | | Sec. 124A-20. Assessment waiver. |
12 | | (a) As used in this Section: |
13 | | "Assessments" means any costs imposed on a criminal |
14 | | defendant under Article II of the Criminal and Traffic |
15 | | Assessment Act, but does not include traffic violation |
16 | | assessments. |
17 | | "Indigent person" means any person who meets one or |
18 | | more of the following criteria: |
19 | | (1) He or she is receiving assistance under one or |
20 | | more of the following means-based governmental public |
21 | | benefits programs: Supplemental Security Income; Aid |
22 | | to the Aged, Blind and Disabled; Temporary Assistance |
23 | | for Needy Families; Supplemental Nutrition Assistance |
24 | | Program; General Assistance; Transitional Assistance; |
|
| | 10000HB2591ham001 | - 158 - | LRB100 06972 MRW 22771 a |
|
|
1 | | or State Children and Family Assistance. |
2 | | (2) His or her available income is 200% or less of |
3 | | the current poverty level as established by the United |
4 | | States Department of Health and Human Services, unless |
5 | | the applicant's assets that are not exempt under Part 9 |
6 | | or 10 of Article XII of the Code of Civil Procedure are |
7 | | of a nature and value that the court determines that |
8 | | the applicant is able to pay the assessments. |
9 | | (3) He or she is, in the discretion of the court, |
10 | | unable to proceed in an action with payment of |
11 | | assessments and whose payment of those assessments |
12 | | would result in substantial hardship to the person or |
13 | | his or her family. |
14 | | "Poverty level" means the current poverty level as |
15 | | established by the United States Department of Health and |
16 | | Human Services. |
17 | | (b) Upon the application of any defendant, after the |
18 | | commencement of an action, but no later than 30 days after |
19 | | sentencing: |
20 | | (1) If the court finds that the applicant is an |
21 | | indigent person, the court shall grant the applicant a full |
22 | | assessment waiver exempting him or her from the payment of |
23 | | any assessments. |
24 | | (2) The court shall grant the applicant a partial |
25 | | assessment as follows: |
26 | | (A) 75% of all assessments shall be waived if the |
|
| | 10000HB2591ham001 | - 159 - | LRB100 06972 MRW 22771 a |
|
|
1 | | applicant's available income is greater than 200% but |
2 | | no more than 250% of the poverty level, unless the |
3 | | applicant's assets that are not exempt under Part 9 or |
4 | | 10 of Article XII of the Code of Civil Procedure are |
5 | | such that the applicant is able, without undue |
6 | | hardship, to pay the total assessments. |
7 | | (B) 50% of all assessments shall be waived if the |
8 | | applicant's available income is greater than 250% but |
9 | | no more than 300% of the poverty level, unless the |
10 | | applicant's assets that are not exempt under Part 9 or |
11 | | 10 of Article XII of the Code of Civil Procedure are |
12 | | such that the court determines that the applicant is |
13 | | able, without undue hardship, to pay a greater portion |
14 | | of the assessments. |
15 | | (C) 25% of all assessments shall be waived if the |
16 | | applicant's available income is greater than 300% but |
17 | | no more than 400% of the poverty level, unless the |
18 | | applicant's assets that are not exempt under Part 9 or |
19 | | 10 of Article XII of the Code of Civil Procedure are |
20 | | such that the court determines that the applicant is |
21 | | able, without undue hardship, to pay a greater portion |
22 | | of the assessments. |
23 | | (c) An application for a waiver of assessments shall be in |
24 | | writing, signed by the defendant or, if the defendant is a |
25 | | minor, by another person having knowledge of the facts, and |
26 | | filed no later than 30 days after sentencing. The contents of |
|
| | 10000HB2591ham001 | - 160 - | LRB100 06972 MRW 22771 a |
|
|
1 | | the application for a waiver of assessments, and the procedure |
2 | | for deciding the applications, shall be established by Supreme |
3 | | Court Rule. |
4 | | (d) The clerk of court shall provide the application for a |
5 | | waiver of assessments to any person seeking to defend an action |
6 | | who indicates an inability to pay the assessments. The clerk of |
7 | | the court shall post in a conspicuous place in the courthouse a |
8 | | notice, no smaller than 8.5 x 11 inches and using no smaller |
9 | | than 30-point typeface printed in English and in Spanish, |
10 | | advising members of the public that they may ask the court for |
11 | | permission to defend a criminal action without payment of the |
12 | | assessments. The notice shall be substantially as follows: |
13 | | "If you are unable to pay the required assessments, you |
14 | | may ask the court to allow you to proceed without paying |
15 | | them. Ask the clerk of the court for forms." |
16 | | (e) For good cause shown, the court may allow an applicant |
17 | | whose application is denied or who receives a partial |
18 | | assessment waiver to defer payment of the assessments, make |
19 | | installment payments, or make payment upon reasonable terms and |
20 | | conditions stated in the order. |
21 | | (f) Nothing in this Section shall be construed to affect |
22 | | the right of a party to defend an action in forma pauperis |
23 | | without the payment of assessments, or the right of a party to |
24 | | court-appointed counsel, as authorized by any other provision |
25 | | of law or by the rules of the Illinois Supreme Court. |
26 | | (g) In any case in which a party is represented by a |
|
| | 10000HB2591ham001 | - 161 - | LRB100 06972 MRW 22771 a |
|
|
1 | | criminal legal services provider or attorney in a |
2 | | court-sponsored pro bono program as defined in Section 5-105.5 |
3 | | of the Code of Civil Procedure, the attorney representing that |
4 | | party shall file a certification with the court as established |
5 | | by Supreme Court Rule 404 and that party shall be allowed to |
6 | | defend without payment of assessments without filing an |
7 | | application under this Section. |
8 | | (h) The provisions of this Section are severable under |
9 | | Section 1.31 of the Statute on Statutes. |
10 | | Section 3-40. The Violent Crime Victims Assistance Act is |
11 | | amended by changing Section 10 as follows:
|
12 | | (725 ILCS 240/10) (from Ch. 70, par. 510)
|
13 | | Sec. 10. Violent Crime Victims Assistance Fund.
|
14 | | (a) The "Violent Crime Victims Assistance Fund" is created |
15 | | as a special
fund in the State Treasury to provide monies for |
16 | | the grants to be awarded
under this Act.
|
17 | | (b) (Blank). When any person is convicted in Illinois of an |
18 | | offense listed below, or placed on supervision for that offense |
19 | | on or after July 1, 2012, the court shall impose the following |
20 | | fines: |
21 | | (1) $100 for any felony; |
22 | | (2) $50 for any offense under the Illinois Vehicle |
23 | | Code, exclusive of offenses enumerated in paragraph (a)(2) |
24 | | of Section 6-204 of that Code, and exclusive of any offense |
|
| | 10000HB2591ham001 | - 162 - | LRB100 06972 MRW 22771 a |
|
|
1 | | enumerated in Article VI of Chapter 11 of that Code |
2 | | relating to restrictions, regulations, and limitations on |
3 | | the speed at which a motor vehicle is driven or operated; |
4 | | and |
5 | | (3) $75 for any misdemeanor, excluding a conservation |
6 | | offense. |
7 | | Notwithstanding any other provision of this Section, the |
8 | | penalty established in this Section shall be assessed for any |
9 | | violation of Section 11-601.5, 11-605.2, or 11-605.3 of the |
10 | | Illinois Vehicle Code. |
11 | | The Clerk of the Circuit Court shall remit moneys collected |
12 | | under this subsection (b)
within one month after receipt to the |
13 | | State Treasurer for deposit into the
Violent Crime Victims |
14 | | Assistance Fund, except as provided in subsection
(g) of this |
15 | | Section. Such additional penalty shall not
be considered a part |
16 | | of the fine for purposes of any reduction made in the
fine for |
17 | | time served either before or after sentencing. Not later than
|
18 | | March 1 of each year the Clerk of the Circuit Court shall |
19 | | submit to the
State Comptroller a report of the amount of funds |
20 | | remitted by him to the
State Treasurer under this Section |
21 | | during the preceding calendar year.
|
22 | | (c)
(Blank). The charge imposed by subsection (b) shall not |
23 | | be subject to the provisions of Section 110-14 of
the Code of |
24 | | Criminal Procedure of 1963.
|
25 | | (d) Monies forfeited, and proceeds from the sale of |
26 | | property forfeited
and seized, under the forfeiture provisions |
|
| | 10000HB2591ham001 | - 163 - | LRB100 06972 MRW 22771 a |
|
|
1 | | set forth in Part 500 of Article 124B of the Code of Criminal |
2 | | Procedure of 1963 shall be accepted for the Violent Crime |
3 | | Victims
Assistance Fund.
|
4 | | (e) Investment income which is attributable to the |
5 | | investment of monies
in the Violent Crime Victims Assistance |
6 | | Fund shall be credited to that fund
for uses specified in this |
7 | | Act. The Treasurer shall provide the Attorney
General a monthly |
8 | | status report on the amount of money in the Fund.
|
9 | | (f) Monies from the fund may be granted on and after July |
10 | | 1, 1984.
|
11 | | (g) (Blank). All amounts and charges imposed under this |
12 | | Section for any
violation of Chapters 3, 4, 6, and 11 of the |
13 | | Illinois Vehicle Code, or a
similar provision of a local |
14 | | ordinance, or any violation of the Child
Passenger Protection |
15 | | Act, or a similar provision of a local ordinance,
shall be |
16 | | collected and disbursed by the circuit clerk as provided under
|
17 | | Section 27.5 of the Clerks of Courts Act.
|
18 | | (Source: P.A. 96-712, eff. 1-1-10; 97-108, eff. 7-14-11; |
19 | | 97-816, eff. 7-16-12.)
|
20 | | Section 3-45. The Unified Code of Corrections is amended by |
21 | | changing Sections 5-4-3, 5-4.5-50, 5-4.5-55, 5-4.5-60, |
22 | | 5-4.5-65, 5-4.5-75, 5-4.5-80, 5-5-3, 5-5-6, 5-6-1, 5-6-3, |
23 | | 5-6-3.1, 5-7-1, 5-9-1, 5-9-1.4, 5-9-1.7, 5-9-1.9, 5-9-1.11, |
24 | | and 5-9-1.16 as follows:
|
|
| | 10000HB2591ham001 | - 164 - | LRB100 06972 MRW 22771 a |
|
|
1 | | (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
|
2 | | Sec. 5-4-3. Specimens;
genetic marker groups. |
3 | | (a) Any person convicted of, found guilty under the |
4 | | Juvenile Court Act of
1987 for, or who received a disposition |
5 | | of court supervision for, a qualifying
offense or attempt of a |
6 | | qualifying offense, convicted or found guilty of any
offense |
7 | | classified as a felony under Illinois law, convicted or found |
8 | | guilty of any offense requiring registration under the Sex |
9 | | Offender Registration Act, found guilty or given
supervision |
10 | | for any offense classified as a felony under the Juvenile Court |
11 | | Act
of 1987, convicted or found guilty of, under the Juvenile |
12 | | Court Act of 1987, any offense requiring registration under the |
13 | | Sex Offender Registration Act, or institutionalized as a |
14 | | sexually dangerous person under the Sexually
Dangerous Persons |
15 | | Act, or committed as a sexually violent person under the
|
16 | | Sexually Violent Persons Commitment Act shall, regardless of |
17 | | the sentence or
disposition imposed, be required to submit |
18 | | specimens of blood, saliva, or
tissue to the Illinois |
19 | | Department of State Police in accordance with the
provisions of |
20 | | this Section, provided such person is:
|
21 | | (1) convicted of a qualifying offense or attempt of a |
22 | | qualifying offense
on or after July 1, 1990 and sentenced |
23 | | to a term of imprisonment, periodic imprisonment, fine,
|
24 | | probation, conditional discharge or any other form of |
25 | | sentence, or given a
disposition of court supervision for |
26 | | the offense;
|
|
| | 10000HB2591ham001 | - 165 - | LRB100 06972 MRW 22771 a |
|
|
1 | | (1.5) found guilty or given supervision under the |
2 | | Juvenile Court Act of
1987 for a qualifying offense or |
3 | | attempt of a qualifying offense on or after
January 1, |
4 | | 1997;
|
5 | | (2) ordered institutionalized as a sexually dangerous |
6 | | person on or after
July 1, 1990;
|
7 | | (3) convicted of a qualifying offense or attempt of a |
8 | | qualifying offense
before July 1, 1990
and is presently |
9 | | confined as a result of such conviction in any State
|
10 | | correctional facility or county jail or is presently |
11 | | serving a sentence of
probation, conditional discharge or |
12 | | periodic imprisonment as a result of such
conviction;
|
13 | | (3.5) convicted or found guilty of any offense |
14 | | classified as a felony
under Illinois law or found guilty |
15 | | or given supervision for such an offense
under the Juvenile |
16 | | Court Act of 1987 on or after August 22, 2002;
|
17 | | (4) presently institutionalized as a sexually |
18 | | dangerous person or
presently institutionalized as a |
19 | | person found guilty but mentally ill of a
sexual offense or |
20 | | attempt to commit a sexual offense; or
|
21 | | (4.5) ordered committed as a sexually violent person on |
22 | | or after the
effective date of the Sexually Violent Persons |
23 | | Commitment Act.
|
24 | | (a-1) Any person incarcerated in
a facility of the Illinois |
25 | | Department of Corrections or the Illinois Department of |
26 | | Juvenile Justice on or after August 22,
2002, whether for a |
|
| | 10000HB2591ham001 | - 166 - | LRB100 06972 MRW 22771 a |
|
|
1 | | term of years, natural life, or a sentence of death, who has |
2 | | not yet submitted a specimen of blood, saliva, or tissue shall |
3 | | be required to submit a specimen of blood, saliva, or tissue
|
4 | | prior to his or her final discharge, or release on parole, |
5 | | aftercare release, or mandatory
supervised release, as a
|
6 | | condition of his or her parole, aftercare release, or mandatory |
7 | | supervised release, or within 6 months from August 13, 2009 |
8 | | (the effective date of Public Act 96-426), whichever is sooner. |
9 | | A person incarcerated on or after August 13, 2009 (the |
10 | | effective date of Public Act 96-426) shall be required to |
11 | | submit a specimen within 45 days of incarceration, or prior to |
12 | | his or her final discharge, or release on parole, aftercare |
13 | | release, or mandatory supervised release, as a condition of his |
14 | | or her parole, aftercare release, or mandatory supervised |
15 | | release, whichever is sooner. These specimens shall be placed |
16 | | into the State or national DNA database, to be used in |
17 | | accordance with other provisions of this Section, by the |
18 | | Illinois State Police.
|
19 | | (a-2) Any person sentenced to life imprisonment in a |
20 | | facility of the Illinois Department of Corrections after the |
21 | | effective date of this amendatory Act of the 94th General |
22 | | Assembly or sentenced to death after the effective date of this |
23 | | amendatory Act of the 94th General Assembly shall be required |
24 | | to provide a specimen of blood, saliva, or tissue within 45 |
25 | | days after sentencing or disposition at a collection site |
26 | | designated by the Illinois Department of State Police. Any |
|
| | 10000HB2591ham001 | - 167 - | LRB100 06972 MRW 22771 a |
|
|
1 | | person serving a sentence of life imprisonment in a facility of |
2 | | the Illinois Department of Corrections on the effective date of |
3 | | this amendatory Act of the 94th General Assembly or any person |
4 | | who is under a sentence of death on the effective date of this |
5 | | amendatory Act of the 94th General Assembly shall be required |
6 | | to provide a specimen of blood, saliva, or tissue upon request |
7 | | at a collection site designated by the Illinois Department of |
8 | | State Police.
|
9 | | (a-3) Any person seeking transfer to or residency in |
10 | | Illinois under Sections 3-3-11.05
through 3-3-11.5 of this |
11 | | Code, the Interstate Compact
for Adult Offender Supervision, or |
12 | | the Interstate Agreements on Sexually
Dangerous Persons Act |
13 | | shall be required to provide a specimen of blood, saliva, or |
14 | | tissue within 45 days after transfer to or residency in |
15 | | Illinois at a collection site designated by the Illinois |
16 | | Department of State Police. |
17 | | (a-3.1) Any person required by an order of the court to |
18 | | submit a DNA specimen shall be required to provide a specimen |
19 | | of blood, saliva, or tissue within 45 days after the court |
20 | | order at a collection site designated by the Illinois |
21 | | Department of State Police. |
22 | | (a-3.2) On or after January 1, 2012 (the effective date of |
23 | | Public Act 97-383), any person arrested for any of the |
24 | | following offenses, after an indictment has been returned by a |
25 | | grand jury, or following a hearing pursuant to Section 109-3 of |
26 | | the Code of Criminal Procedure of 1963 and a judge finds there |
|
| | 10000HB2591ham001 | - 168 - | LRB100 06972 MRW 22771 a |
|
|
1 | | is probable cause to believe the arrestee has committed one of |
2 | | the designated offenses, or an arrestee has waived a |
3 | | preliminary hearing shall be required to provide a specimen of |
4 | | blood, saliva, or tissue within 14 days after such indictment |
5 | | or hearing at a collection site designated by the Illinois |
6 | | Department of State Police: |
7 | | (A) first degree murder; |
8 | | (B) home invasion; |
9 | | (C) predatory criminal sexual assault
of a child; |
10 | | (D) aggravated criminal sexual assault; or |
11 | | (E) criminal sexual assault. |
12 | | (a-3.3) Any person required to register as a sex offender |
13 | | under the Sex Offender Registration Act, regardless of the date |
14 | | of conviction as set forth in subsection (c-5.2) shall be |
15 | | required to provide a specimen of blood, saliva, or tissue |
16 | | within the time period prescribed in subsection (c-5.2) at a |
17 | | collection site designated by the Illinois Department of State |
18 | | Police. |
19 | | (a-5) Any person who was otherwise convicted of or received |
20 | | a disposition
of court supervision for any other offense under |
21 | | the Criminal Code of 1961 or the Criminal Code of 2012 or
who |
22 | | was found guilty or given supervision for such a violation |
23 | | under the
Juvenile Court Act of 1987, may, regardless of the |
24 | | sentence imposed, be
required by an order of the court to |
25 | | submit specimens of blood, saliva, or
tissue to the Illinois |
26 | | Department of State Police in accordance with the
provisions of |
|
| | 10000HB2591ham001 | - 169 - | LRB100 06972 MRW 22771 a |
|
|
1 | | this Section.
|
2 | | (b) Any person required by paragraphs (a)(1), (a)(1.5), |
3 | | (a)(2), (a)(3.5),
and (a-5) to provide specimens of blood, |
4 | | saliva, or tissue shall provide
specimens of blood, saliva, or |
5 | | tissue within 45 days after sentencing or
disposition at a |
6 | | collection site designated by the Illinois Department of
State |
7 | | Police.
|
8 | | (c) Any person required by paragraphs (a)(3), (a)(4), and |
9 | | (a)(4.5) to
provide specimens of blood, saliva, or tissue shall |
10 | | be required to provide
such specimens prior to final discharge |
11 | | or within 6 months from August 13, 2009 (the effective date of |
12 | | Public Act 96-426), whichever is sooner. These specimens shall |
13 | | be placed into the State or national DNA database, to be used |
14 | | in accordance with other provisions of this Act, by the |
15 | | Illinois State Police.
|
16 | | (c-5) Any person required by paragraph (a-3) to provide |
17 | | specimens of
blood, saliva, or tissue shall, where feasible, be |
18 | | required to provide the
specimens before being accepted for |
19 | | conditioned residency in Illinois under
the interstate compact |
20 | | or agreement, but no later than 45 days after arrival
in this |
21 | | State.
|
22 | | (c-5.2) Unless it is determined that a registered sex |
23 | | offender has previously submitted a specimen of blood, saliva, |
24 | | or tissue that has been placed into the State DNA database, a |
25 | | person registering as a sex offender shall be required to |
26 | | submit a specimen at the time of his or her initial |
|
| | 10000HB2591ham001 | - 170 - | LRB100 06972 MRW 22771 a |
|
|
1 | | registration pursuant to the Sex Offender Registration Act or, |
2 | | for a person registered as a sex offender on or prior to |
3 | | January 1, 2012 (the effective date of Public Act 97-383), |
4 | | within one year of January 1, 2012 (the effective date of |
5 | | Public Act 97-383) or at the time of his or her next required |
6 | | registration. |
7 | | (c-6) The Illinois Department of State Police may determine |
8 | | which type of
specimen or specimens, blood, saliva, or tissue, |
9 | | is acceptable for submission
to the Division of Forensic |
10 | | Services for analysis. The Illinois Department of State Police |
11 | | may require the submission of fingerprints from anyone required |
12 | | to give a specimen under this Act.
|
13 | | (d) The Illinois Department of State Police shall provide |
14 | | all equipment
and instructions necessary for the collection of |
15 | | blood specimens.
The collection of specimens shall be performed |
16 | | in a medically approved
manner. Only a physician authorized to |
17 | | practice medicine, a registered
nurse or other qualified person |
18 | | trained in venipuncture may withdraw blood
for the purposes of |
19 | | this Act. The specimens
shall thereafter be forwarded to the |
20 | | Illinois Department of State Police,
Division of Forensic |
21 | | Services, for analysis and
categorizing into genetic marker |
22 | | groupings.
|
23 | | (d-1) The Illinois Department of State Police shall provide |
24 | | all equipment
and instructions necessary for the collection of |
25 | | saliva specimens. The
collection of saliva specimens shall be |
26 | | performed in a medically approved manner.
Only a person trained |
|
| | 10000HB2591ham001 | - 171 - | LRB100 06972 MRW 22771 a |
|
|
1 | | in the instructions promulgated by the Illinois State
Police on |
2 | | collecting saliva may collect saliva for the purposes of this
|
3 | | Section. The specimens shall thereafter be forwarded to the |
4 | | Illinois Department
of State Police, Division of Forensic |
5 | | Services, for analysis and categorizing
into genetic marker |
6 | | groupings.
|
7 | | (d-2) The Illinois Department of State Police shall provide |
8 | | all equipment
and instructions necessary for the collection of |
9 | | tissue specimens. The
collection of tissue specimens shall be |
10 | | performed in a medically approved
manner. Only a person trained |
11 | | in the instructions promulgated by the Illinois
State Police on |
12 | | collecting tissue may collect tissue for the purposes of this
|
13 | | Section. The specimens shall thereafter be forwarded to the |
14 | | Illinois Department
of State Police, Division of Forensic |
15 | | Services, for analysis and categorizing
into genetic marker |
16 | | groupings.
|
17 | | (d-5) To the extent that funds are available, the Illinois |
18 | | Department of
State Police shall contract with qualified |
19 | | personnel and certified laboratories
for the collection, |
20 | | analysis, and categorization of known specimens, except as |
21 | | provided in subsection (n) of this Section.
|
22 | | (d-6) Agencies designated by the Illinois Department of |
23 | | State Police and
the Illinois Department of State Police may |
24 | | contract with third parties to
provide for the collection or |
25 | | analysis of DNA, or both, of an offender's blood,
saliva, and |
26 | | tissue specimens, except as provided in subsection (n) of this |
|
| | 10000HB2591ham001 | - 172 - | LRB100 06972 MRW 22771 a |
|
|
1 | | Section.
|
2 | | (e) The genetic marker groupings shall be maintained by the |
3 | | Illinois
Department of State Police, Division of Forensic |
4 | | Services.
|
5 | | (f) The genetic marker grouping analysis information |
6 | | obtained pursuant
to this Act shall be confidential and shall |
7 | | be released only to peace
officers of the United States, of |
8 | | other states or territories, of the
insular possessions of the |
9 | | United States, of foreign countries duly
authorized to receive |
10 | | the same, to all peace officers of the State of
Illinois and to |
11 | | all prosecutorial agencies, and to defense counsel as
provided |
12 | | by Section 116-5 of the Code of Criminal Procedure of 1963.
The |
13 | | genetic marker grouping analysis information obtained pursuant |
14 | | to
this Act shall be used only for (i) valid law enforcement |
15 | | identification
purposes and as required by the Federal Bureau |
16 | | of Investigation for
participation in the National DNA |
17 | | database, (ii) technology
validation
purposes, (iii) a |
18 | | population statistics database, (iv) quality
assurance
|
19 | | purposes if personally identifying information is removed,
(v) |
20 | | assisting in the defense of the criminally accused pursuant
to
|
21 | | Section 116-5 of the Code of Criminal Procedure of 1963, or |
22 | | (vi) identifying and assisting in the prosecution of a person |
23 | | who is suspected of committing a sexual assault as defined in |
24 | | Section 1a of the Sexual Assault Survivors Emergency Treatment |
25 | | Act. Notwithstanding
any other statutory provision to the |
26 | | contrary,
all information obtained under this Section shall be |
|
| | 10000HB2591ham001 | - 173 - | LRB100 06972 MRW 22771 a |
|
|
1 | | maintained in a single
State data base, which may be uploaded |
2 | | into a national database, and which
information may be subject |
3 | | to expungement only as set forth in subsection
(f-1).
|
4 | | (f-1) Upon receipt of notification of a reversal of a |
5 | | conviction based on
actual innocence, or of the granting of a |
6 | | pardon pursuant to Section 12 of
Article V of the Illinois |
7 | | Constitution, if that pardon document specifically
states that |
8 | | the reason for the pardon is the actual innocence of an |
9 | | individual
whose DNA record has been stored in the State or |
10 | | national DNA identification
index in accordance with this |
11 | | Section by the Illinois Department of State
Police, the DNA |
12 | | record shall be expunged from the DNA identification index, and
|
13 | | the Department shall by rule prescribe procedures to ensure |
14 | | that the record and
any specimens, analyses, or other documents |
15 | | relating to such record, whether in
the possession of the |
16 | | Department or any law enforcement or police agency, or
any |
17 | | forensic DNA laboratory, including any duplicates or copies |
18 | | thereof, are
destroyed and a letter is sent to the court |
19 | | verifying the expungement is
completed. For specimens required |
20 | | to be collected prior to conviction, unless the individual has |
21 | | other charges or convictions that require submission of a |
22 | | specimen, the DNA record for an individual shall be expunged |
23 | | from the DNA identification databases and the specimen |
24 | | destroyed upon receipt of a certified copy of a final court |
25 | | order for each charge against an individual in which the charge |
26 | | has been dismissed, resulted in acquittal, or that the charge |
|
| | 10000HB2591ham001 | - 174 - | LRB100 06972 MRW 22771 a |
|
|
1 | | was not filed within the applicable time period. The Department |
2 | | shall by rule prescribe procedures to ensure that the record |
3 | | and any specimens in the possession or control of the |
4 | | Department are destroyed and a letter is sent to the court |
5 | | verifying the expungement is completed.
|
6 | | (f-5) Any person who intentionally uses genetic marker |
7 | | grouping analysis
information, or any other information |
8 | | derived from a DNA specimen, beyond the
authorized uses as |
9 | | provided under this Section, or any other Illinois law, is
|
10 | | guilty of a Class 4 felony, and shall be subject to a fine of |
11 | | not less than
$5,000.
|
12 | | (f-6) The Illinois Department of State Police may contract |
13 | | with third
parties for the purposes of implementing this |
14 | | amendatory Act of the 93rd
General Assembly, except as provided |
15 | | in subsection (n) of this Section. Any other party contracting |
16 | | to carry out the functions of
this Section shall be subject to |
17 | | the same restrictions and requirements of this
Section insofar |
18 | | as applicable, as the Illinois Department of State Police, and
|
19 | | to any additional restrictions imposed by the Illinois |
20 | | Department of State
Police.
|
21 | | (g) For the purposes of this Section, "qualifying offense" |
22 | | means any of
the following:
|
23 | | (1) any violation or inchoate violation of Section |
24 | | 11-1.50, 11-1.60, 11-6, 11-9.1, 11-11,
11-18.1, 12-15, or |
25 | | 12-16 of the Criminal Code of 1961 or the Criminal Code of |
26 | | 2012;
|
|
| | 10000HB2591ham001 | - 175 - | LRB100 06972 MRW 22771 a |
|
|
1 | | (1.1) any violation or inchoate violation of Section |
2 | | 9-1, 9-2, 10-1,
10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3, |
3 | | 18-4, 18-6, 19-1, 19-2, or 19-6 of the Criminal
Code of |
4 | | 1961 or the Criminal Code of 2012 for which persons are |
5 | | convicted on or after July 1, 2001;
|
6 | | (2) any former statute of this State which defined a |
7 | | felony sexual
offense;
|
8 | | (3) (blank);
|
9 | | (4) any inchoate violation of Section 9-3.1, 9-3.4, |
10 | | 11-9.3, 12-7.3, or 12-7.4 of
the Criminal Code of 1961 or |
11 | | the Criminal Code of 2012; or
|
12 | | (5) any violation or inchoate violation of Article 29D |
13 | | of the Criminal
Code of 1961 or the Criminal Code of 2012.
|
14 | | (g-5) (Blank).
|
15 | | (h) The Illinois Department of State Police shall be the |
16 | | State central
repository for all genetic marker grouping |
17 | | analysis information obtained
pursuant to this Act. The |
18 | | Illinois Department of State Police may
promulgate rules for |
19 | | the form and manner of the collection of blood, saliva,
or |
20 | | tissue specimens and other procedures for the operation of this |
21 | | Act. The
provisions of the Administrative Review Law shall |
22 | | apply to all actions taken
under the rules so promulgated.
|
23 | | (i) (1) A person required to provide a blood, saliva, or |
24 | | tissue specimen
shall
cooperate with the collection of the |
25 | | specimen and any deliberate act by
that person intended to |
26 | | impede, delay or stop the collection of the blood,
saliva, |
|
| | 10000HB2591ham001 | - 176 - | LRB100 06972 MRW 22771 a |
|
|
1 | | or tissue specimen is a Class 4 felony.
|
2 | | (2) In the event that a person's DNA specimen is not |
3 | | adequate for any
reason, the person shall provide another |
4 | | DNA specimen for analysis. Duly
authorized law
enforcement |
5 | | and corrections personnel may employ reasonable force in |
6 | | cases in
which an individual refuses to provide a DNA |
7 | | specimen required under this
Act.
|
8 | | (j) (Blank). Any person required by subsection (a), or any |
9 | | person who was previously required by subsection (a-3.2), to |
10 | | submit specimens of blood,
saliva, or tissue to
the Illinois |
11 | | Department of State Police for analysis and categorization into
|
12 | | genetic marker grouping, in addition to any other disposition, |
13 | | penalty, or
fine imposed, shall pay an analysis fee of $250. If |
14 | | the analysis fee is not
paid at the time of sentencing, the |
15 | | court shall establish a fee schedule by
which the entire amount |
16 | | of the analysis fee shall be paid in full, such
schedule not to |
17 | | exceed 24 months from the time of conviction. The inability to
|
18 | | pay this analysis fee shall not be the sole ground to |
19 | | incarcerate the person.
|
20 | | (k) All analysis and categorization assessments fees |
21 | | provided under the Criminal and Traffic Assessments Act to the |
22 | | State Offender DNA Identification System Fund for by subsection |
23 | | (j)
shall be regulated as follows:
|
24 | | (1) The State Offender DNA Identification System Fund |
25 | | is hereby created as
a special fund in the State Treasury.
|
26 | | (2) (Blank). All fees shall be collected by the clerk |
|
| | 10000HB2591ham001 | - 177 - | LRB100 06972 MRW 22771 a |
|
|
1 | | of the court and forwarded to
the State Offender DNA |
2 | | Identification System Fund for deposit. The
clerk of the |
3 | | circuit court may retain the amount of $10 from each |
4 | | collected
analysis fee to offset administrative costs |
5 | | incurred in carrying out the
clerk's responsibilities |
6 | | under this Section.
|
7 | | (3) Moneys Fees deposited into the State Offender DNA |
8 | | Identification System Fund
shall be used by Illinois State |
9 | | Police crime laboratories as designated by the
Director of |
10 | | State Police. These funds shall be in addition to any |
11 | | allocations
made pursuant to existing laws and shall be |
12 | | designated for the exclusive use of
State crime |
13 | | laboratories. These uses may include, but are not limited |
14 | | to, the
following:
|
15 | | (A) Costs incurred in providing analysis and |
16 | | genetic marker
categorization as required by |
17 | | subsection (d).
|
18 | | (B) Costs incurred in maintaining genetic marker |
19 | | groupings as required
by subsection (e).
|
20 | | (C) Costs incurred in the purchase and maintenance |
21 | | of equipment for use
in performing analyses.
|
22 | | (D) Costs incurred in continuing research and |
23 | | development of new
techniques for analysis and genetic |
24 | | marker categorization.
|
25 | | (E) Costs incurred in continuing education, |
26 | | training, and professional
development of forensic |
|
| | 10000HB2591ham001 | - 178 - | LRB100 06972 MRW 22771 a |
|
|
1 | | scientists regularly employed by these laboratories.
|
2 | | (l) The failure of a person to provide a specimen, or of |
3 | | any person or
agency to collect a specimen, shall in no way |
4 | | alter
the obligation of the person to submit such specimen, or |
5 | | the authority of the
Illinois Department of State Police or |
6 | | persons designated by the Department to
collect the specimen, |
7 | | or the authority of the Illinois Department of State
Police to |
8 | | accept, analyze and maintain the specimen or to maintain or |
9 | | upload
results of genetic marker grouping analysis information |
10 | | into a State or
national database.
|
11 | | (m) If any provision of this amendatory Act of the 93rd |
12 | | General Assembly
is
held unconstitutional or otherwise |
13 | | invalid, the remainder of this amendatory
Act
of the 93rd |
14 | | General Assembly is not affected.
|
15 | | (n) Neither the Department of State Police, the Division of |
16 | | Forensic Services, nor any laboratory of the Division of |
17 | | Forensic Services may contract out forensic testing for the |
18 | | purpose of an active investigation or a matter pending before a |
19 | | court of competent jurisdiction without the written consent of |
20 | | the prosecuting agency. For the purposes of this subsection |
21 | | (n), "forensic testing" includes the analysis of physical |
22 | | evidence in an investigation or other proceeding for the |
23 | | prosecution of a violation of the Criminal Code of 1961 or the |
24 | | Criminal Code of 2012 or for matters adjudicated under the |
25 | | Juvenile Court Act of 1987, and includes the use of forensic |
26 | | databases and databanks, including DNA, firearm, and |
|
| | 10000HB2591ham001 | - 179 - | LRB100 06972 MRW 22771 a |
|
|
1 | | fingerprint databases, and expert testimony. |
2 | | (o) Mistake does not invalidate a database match. The |
3 | | detention, arrest, or conviction of a person based upon a |
4 | | database match or database information is not invalidated if it |
5 | | is determined that the specimen was obtained or placed in the |
6 | | database by mistake. |
7 | | (p) This Section may be referred to as the Illinois DNA |
8 | | Database Law of 2011. |
9 | | (Source: P.A. 97-383, eff. 1-1-12; 97-1109, eff. 1-1-13; |
10 | | 97-1150, eff. 1-25-13; 98-558, eff. 1-1-14.)
|
11 | | (730 ILCS 5/5-4.5-50) |
12 | | Sec. 5-4.5-50. SENTENCE PROVISIONS; ALL FELONIES. Except |
13 | | as otherwise provided, for all felonies: |
14 | | (a) NO SUPERVISION. The court, upon a plea of guilty or a |
15 | | stipulation by the defendant of the facts supporting the charge |
16 | | or a finding of guilt, may not defer further proceedings and |
17 | | the imposition of a sentence and may not enter an order for |
18 | | supervision of the defendant. |
19 | | (b) FELONY FINES. Unless otherwise specified by law, the |
20 | | minimum fine is $25. An offender may be sentenced to pay a fine |
21 | | not to exceed, for each offense, $25,000 or the amount |
22 | | specified in the offense, whichever is greater, or if the |
23 | | offender is a corporation, $50,000 or the amount specified in |
24 | | the offense, whichever is greater. A fine may be imposed in |
25 | | addition to a sentence of conditional discharge, probation, |
|
| | 10000HB2591ham001 | - 180 - | LRB100 06972 MRW 22771 a |
|
|
1 | | periodic imprisonment, or imprisonment. See Article 9 of |
2 | | Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of |
3 | | additional amounts and determination of amounts and payment. If |
4 | | the court finds that the fine would impose an undue burden on |
5 | | the victim, the court may reduce or waive the fine. |
6 | | (c) REASONS FOR SENTENCE STATED. The sentencing judge in |
7 | | each felony conviction shall set forth his or her reasons for |
8 | | imposing the particular sentence entered in the case, as |
9 | | provided in Section 5-4-1 (730 ILCS 5/5-4-1). Those reasons may |
10 | | include any mitigating or aggravating factors specified in this |
11 | | Code, or the lack of any such factors, as well as any other |
12 | | mitigating or aggravating factors that the judge sets forth on |
13 | | the record that are consistent with the purposes and principles |
14 | | of sentencing set out in this Code. |
15 | | (d) MOTION TO REDUCE SENTENCE. A motion to reduce a |
16 | | sentence may be made, or the court may reduce a sentence |
17 | | without motion, within 30 days after the sentence is imposed. A |
18 | | defendant's challenge to the correctness of a sentence or to |
19 | | any aspect of the sentencing hearing shall be made by a written |
20 | | motion filed with the circuit court clerk within 30 days |
21 | | following the imposition of sentence. A motion not filed within |
22 | | that 30-day period is not timely. The court may not increase a |
23 | | sentence once it is imposed. A notice of motion must be filed |
24 | | with the motion. The notice of motion shall set the motion on |
25 | | the court's calendar on a date certain within a reasonable time |
26 | | after the date of filing. |
|
| | 10000HB2591ham001 | - 181 - | LRB100 06972 MRW 22771 a |
|
|
1 | | If a motion filed pursuant to this subsection is timely |
2 | | filed, the proponent of the motion shall exercise due diligence |
3 | | in seeking a determination on the motion and the court shall |
4 | | thereafter decide the motion within a reasonable time. |
5 | | If a motion filed pursuant to this subsection is timely |
6 | | filed, then for purposes of perfecting an appeal, a final |
7 | | judgment is not considered to have been entered until the |
8 | | motion to reduce the sentence has been decided by order entered |
9 | | by the trial court. |
10 | | (e) CONCURRENT SENTENCE; PREVIOUS UNEXPIRED FEDERAL OR |
11 | | OTHER-STATE SENTENCE. A defendant who has a previous and |
12 | | unexpired sentence of imprisonment imposed by another state or |
13 | | by any district court of the United States and who, after |
14 | | sentence for a crime in Illinois, must return to serve the |
15 | | unexpired prior sentence may have his or her sentence by the |
16 | | Illinois court ordered to be concurrent with the prior |
17 | | other-state or federal sentence. The court may order that any |
18 | | time served on the unexpired portion of the other-state or |
19 | | federal sentence, prior to his or her return to Illinois, shall |
20 | | be credited on his or her Illinois sentence. The appropriate |
21 | | official of the other state or the United States shall be |
22 | | furnished with a copy of the order imposing sentence, which |
23 | | shall provide that, when the offender is released from |
24 | | other-state or federal confinement, whether by parole or by |
25 | | termination of sentence, the offender shall be transferred by |
26 | | the Sheriff of the committing Illinois county to the Illinois |
|
| | 10000HB2591ham001 | - 182 - | LRB100 06972 MRW 22771 a |
|
|
1 | | Department of Corrections. The court shall cause the Department |
2 | | of Corrections to be notified of the sentence at the time of |
3 | | commitment and to be provided with copies of all records |
4 | | regarding the sentence. |
5 | | (f) REDUCTION; PREVIOUS UNEXPIRED ILLINOIS SENTENCE. A |
6 | | defendant who has a previous and unexpired sentence of |
7 | | imprisonment imposed by an Illinois circuit court for a crime |
8 | | in this State and who is subsequently sentenced to a term of |
9 | | imprisonment by another state or by any district court of the |
10 | | United States and who has served a term of imprisonment imposed |
11 | | by the other state or district court of the United States, and |
12 | | must return to serve the unexpired prior sentence imposed by |
13 | | the Illinois circuit court, may apply to the Illinois circuit |
14 | | court that imposed sentence to have his or her sentence |
15 | | reduced. |
16 | | The circuit court may order that any time served on the |
17 | | sentence imposed by the other state or district court of the |
18 | | United States be credited on his or her Illinois sentence. The |
19 | | application for reduction of a sentence under this subsection |
20 | | shall be made within 30 days after the defendant has completed |
21 | | the sentence imposed by the other state or district court of |
22 | | the United States.
|
23 | | (g) NO REQUIRED BIRTH CONTROL. A court may not impose a |
24 | | sentence or disposition that requires the defendant to be |
25 | | implanted or injected with or to use any form of birth control.
|
26 | | (Source: P.A. 95-1052, eff. 7-1-09 .) |
|
| | 10000HB2591ham001 | - 183 - | LRB100 06972 MRW 22771 a |
|
|
1 | | (730 ILCS 5/5-4.5-55) |
2 | | Sec. 5-4.5-55. CLASS A MISDEMEANORS; SENTENCE. For a Class |
3 | | A misdemeanor: |
4 | | (a) TERM. The sentence of imprisonment shall be a |
5 | | determinate sentence of less than one year.
|
6 | | (b) PERIODIC IMPRISONMENT. A sentence of periodic |
7 | | imprisonment shall be for a definite term of less than one |
8 | | year, except as otherwise provided in Section 5-5-3 or 5-7-1 |
9 | | (730 ILCS 5/5-5-3 or 5/5-7-1).
|
10 | | (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS |
11 | | 5/5-8-1.2) concerning eligibility for the county impact |
12 | | incarceration program.
|
13 | | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided |
14 | | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the |
15 | | period of probation or conditional discharge shall not exceed 2 |
16 | | years. The court shall specify the conditions of probation or |
17 | | conditional discharge as set forth in Section 5-6-3 (730 ILCS |
18 | | 5/5-6-3).
|
19 | | (e) FINE. Unless otherwise specified by law, the minimum |
20 | | fine is $25. A fine not to exceed $2,500 for each offense or |
21 | | the amount specified in the offense, whichever is greater, may |
22 | | be imposed. A fine may be imposed in addition to a sentence of |
23 | | conditional discharge, probation, periodic imprisonment, or |
24 | | imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V, |
25 | | Art. 9) for imposition of additional amounts and determination |
|
| | 10000HB2591ham001 | - 184 - | LRB100 06972 MRW 22771 a |
|
|
1 | | of amounts and payment. If the court finds that the fine would |
2 | | impose an undue burden on the victim, the court may reduce or |
3 | | waive the fine.
|
4 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) |
5 | | concerning restitution.
|
6 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall |
7 | | be concurrent or consecutive as provided in Section 5-8-4 (730 |
8 | | ILCS 5/5-8-4).
|
9 | | (h) DRUG COURT. See Section 20 of the Drug Court Treatment |
10 | | Act (730 ILCS 166/20) concerning eligibility for a drug court |
11 | | program.
|
12 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 |
13 | | ILCS 5/5-4.5-100) concerning credit for time spent in home |
14 | | detention prior to judgment.
|
15 | | (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good |
16 | | Behavior Allowance Act (730 ILCS 130/) for rules and |
17 | | regulations for good behavior allowance.
|
18 | | (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS |
19 | | 5/5-8A-3) concerning eligibility for electronic home |
20 | | detention.
|
21 | | (Source: P.A. 97-697, eff. 6-22-12.) |
22 | | (730 ILCS 5/5-4.5-60) |
23 | | Sec. 5-4.5-60. CLASS B MISDEMEANORS; SENTENCE. For a Class |
24 | | B misdemeanor: |
25 | | (a) TERM. The sentence of imprisonment shall be a |
|
| | 10000HB2591ham001 | - 185 - | LRB100 06972 MRW 22771 a |
|
|
1 | | determinate sentence of not more than 6 months.
|
2 | | (b) PERIODIC IMPRISONMENT. A sentence of periodic |
3 | | imprisonment shall be for a definite term of up to 6 months or |
4 | | as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).
|
5 | | (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS |
6 | | 5/5-8-1.2) concerning eligibility for the county impact |
7 | | incarceration program.
|
8 | | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided |
9 | | in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or |
10 | | conditional discharge shall not exceed 2 years. The court shall |
11 | | specify the conditions of probation or conditional discharge as |
12 | | set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
|
13 | | (e) FINE. Unless otherwise specified by law, the minimum |
14 | | fine is $25. A fine not to exceed $1,500 for each offense or |
15 | | the amount specified in the offense, whichever is greater, may |
16 | | be imposed. A fine may be imposed in addition to a sentence of |
17 | | conditional discharge, probation, periodic imprisonment, or |
18 | | imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V, |
19 | | Art. 9) for imposition of additional amounts and determination |
20 | | of amounts and payment.
If the court finds that the fine would |
21 | | impose an undue burden on the victim, the court may reduce or |
22 | | waive the fine. |
23 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) |
24 | | concerning restitution.
|
25 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall |
26 | | be concurrent or consecutive as provided in Section 5-8-4 (730 |
|
| | 10000HB2591ham001 | - 186 - | LRB100 06972 MRW 22771 a |
|
|
1 | | ILCS 5/5-8-4).
|
2 | | (h) DRUG COURT. See Section 20 of the Drug Court Treatment |
3 | | Act (730 ILCS 166/20) concerning eligibility for a drug court |
4 | | program.
|
5 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 |
6 | | ILCS 5/5-4.5-100) concerning credit for time spent in home |
7 | | detention prior to judgment.
|
8 | | (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good |
9 | | Behavior Allowance Act (730 ILCS 130/) for rules and |
10 | | regulations for good behavior allowance.
|
11 | | (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS |
12 | | 5/5-8A-3) concerning eligibility for electronic home |
13 | | detention.
|
14 | | (Source: P.A. 97-697, eff. 6-22-12.) |
15 | | (730 ILCS 5/5-4.5-65) |
16 | | Sec. 5-4.5-65. CLASS C MISDEMEANORS; SENTENCE. For a Class |
17 | | C misdemeanor: |
18 | | (a) TERM. The sentence of imprisonment shall be a |
19 | | determinate sentence of not more than 30 days.
|
20 | | (b) PERIODIC IMPRISONMENT. A sentence of periodic |
21 | | imprisonment shall be for a definite term of up to 30 days or |
22 | | as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).
|
23 | | (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS |
24 | | 5/5-8-1.2) concerning eligibility for the county impact |
25 | | incarceration program.
|
|
| | 10000HB2591ham001 | - 187 - | LRB100 06972 MRW 22771 a |
|
|
1 | | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided |
2 | | in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or |
3 | | conditional discharge shall not exceed 2 years. The court shall |
4 | | specify the conditions of probation or conditional discharge as |
5 | | set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
|
6 | | (e) FINE. Unless otherwise specified by law, the minimum |
7 | | fine is $25. A fine not to exceed $1,500 for each offense or |
8 | | the amount specified in the offense, whichever is greater, may |
9 | | be imposed. A fine may be imposed in addition to a sentence of |
10 | | conditional discharge, probation, periodic imprisonment, or |
11 | | imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V, |
12 | | Art. 9) for imposition of additional amounts and determination |
13 | | of amounts and payment.
If the court finds that the fine would |
14 | | impose an undue burden on the victim, the court may reduce or |
15 | | waive the fine. |
16 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) |
17 | | concerning restitution.
|
18 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall |
19 | | be concurrent or consecutive as provided in Section 5-8-4 (730 |
20 | | ILCS 5/5-8-4).
|
21 | | (h) DRUG COURT. See Section 20 of the Drug Court Treatment |
22 | | Act (730 ILCS 166/20) concerning eligibility for a drug court |
23 | | program.
|
24 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 |
25 | | ILCS 5/5-4.5-100) concerning credit for time spent in home |
26 | | detention prior to judgment.
|
|
| | 10000HB2591ham001 | - 188 - | LRB100 06972 MRW 22771 a |
|
|
1 | | (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good |
2 | | Behavior Allowance Act (730 ILCS 130/) for rules and |
3 | | regulations for good behavior allowance.
|
4 | | (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS |
5 | | 5/5-8A-3) concerning eligibility for electronic home |
6 | | detention.
|
7 | | (Source: P.A. 97-697, eff. 6-22-12.) |
8 | | (730 ILCS 5/5-4.5-75)
|
9 | | Sec. 5-4.5-75. PETTY OFFENSES; SENTENCE. Except as |
10 | | otherwise provided, for a petty offense: |
11 | | (a) FINE. Unless otherwise specified by law, the minimum |
12 | | fine is $25. A defendant may be sentenced to pay a fine not to |
13 | | exceed $1,000 for each offense or the amount specified in the |
14 | | offense, whichever is less. A fine may be imposed in addition |
15 | | to a sentence of conditional discharge or probation. See |
16 | | Article 9 of Chapter V (730 ILCS 5/Ch. V, Art. 9) for |
17 | | imposition of additional amounts and determination of amounts |
18 | | and payment. If the court finds that the fine would impose an |
19 | | undue burden on the victim, the court may reduce or waive the |
20 | | fine. |
21 | | (b) PROBATION; CONDITIONAL DISCHARGE. Except as provided |
22 | | in Section 5-6-2 (730 ILCS 5/5-6-2), a defendant may be |
23 | | sentenced to a period of probation or conditional discharge not |
24 | | to exceed 6 months. The court shall specify the conditions of |
25 | | probation or conditional discharge as set forth in Section |
|
| | 10000HB2591ham001 | - 189 - | LRB100 06972 MRW 22771 a |
|
|
1 | | 5-6-3 (730 ILCS 5/5-6-3). |
2 | | (c) RESTITUTION. A defendant may be sentenced to make |
3 | | restitution to the victim under Section 5-5-6 (730 ILCS |
4 | | 5/5-5-6).
|
5 | | (d) SUPERVISION; ORDER. The court, upon a plea of guilty or |
6 | | a stipulation by the defendant of the facts supporting the |
7 | | charge or a finding of guilt, may defer further proceedings and |
8 | | the imposition of a sentence and may enter an order for |
9 | | supervision of the defendant. If the defendant is not barred |
10 | | from receiving an order for supervision under Section 5-6-1 |
11 | | (730 ILCS 5/5-6-1) or otherwise, the court may enter an order |
12 | | for supervision after considering the circumstances of the |
13 | | offense, and the history, character, and condition of the |
14 | | offender, if the court is of the opinion that: |
15 | | (1) the defendant is not likely to commit further |
16 | | crimes; |
17 | | (2) the defendant and the public would be best served |
18 | | if the defendant were not to receive a criminal record; and |
19 | | (3) in the best interests of justice, an order of |
20 | | supervision is more appropriate than a sentence otherwise |
21 | | permitted under this Code.
|
22 | | (e) SUPERVISION; PERIOD. When a defendant is placed on |
23 | | supervision, the court shall enter an order for supervision |
24 | | specifying the period of supervision, and shall defer further |
25 | | proceedings in the case until the conclusion of the period. The |
26 | | period of supervision shall be reasonable under all of the |
|
| | 10000HB2591ham001 | - 190 - | LRB100 06972 MRW 22771 a |
|
|
1 | | circumstances of the case, and except as otherwise provided, |
2 | | may not be longer than 2 years. The court shall specify the |
3 | | conditions of supervision as set forth in Section 5-6-3.1 (730 |
4 | | ILCS 5/5-6-3.1).
|
5 | | (Source: P.A. 95-1052, eff. 7-1-09 .) |
6 | | (730 ILCS 5/5-4.5-80)
|
7 | | Sec. 5-4.5-80. BUSINESS OFFENSES; SENTENCE. Except as |
8 | | otherwise provided, for a business offense: |
9 | | (a) FINE. Unless otherwise specified by law, the minimum |
10 | | fine is $25. A defendant may be sentenced to pay a fine not to |
11 | | exceed for each offense the amount specified in the statute |
12 | | defining that offense. A fine may be imposed in addition to a |
13 | | sentence of conditional discharge. See Article 9 of Chapter V |
14 | | (730 ILCS 5/Ch. V, Art. 9) for imposition of additional amounts |
15 | | and determination of amounts and payment. If the court finds |
16 | | that the fine would impose an undue burden on the victim, the |
17 | | court may reduce or waive the fine. |
18 | | (b) CONDITIONAL DISCHARGE. A defendant may be sentenced to |
19 | | a period of conditional discharge. The court shall specify the |
20 | | conditions of conditional discharge as set forth in Section |
21 | | 5-6-3 (730 ILCS 5/5-6-3). |
22 | | (c) RESTITUTION. A defendant may be sentenced to make |
23 | | restitution to the victim under Section 5-5-6 (730 ILCS |
24 | | 5/5-5-6). |
25 | | (d) SUPERVISION; ORDER. The court, upon a plea of guilty or |
|
| | 10000HB2591ham001 | - 191 - | LRB100 06972 MRW 22771 a |
|
|
1 | | a stipulation by the defendant of the facts supporting the |
2 | | charge or a finding of guilt, may defer further proceedings and |
3 | | the imposition of a sentence and may enter an order for |
4 | | supervision of the defendant. If the defendant is not barred |
5 | | from receiving an order for supervision under Section 5-6-1 |
6 | | (730 ILCS 5/5-6-1) or otherwise, the court may enter an order |
7 | | for supervision after considering the circumstances of the |
8 | | offense, and the history, character, and condition of the |
9 | | offender, if the court is of the opinion that: |
10 | | (1) the defendant is not likely to commit further |
11 | | crimes; |
12 | | (2) the defendant and the public would be best served |
13 | | if the defendant were not to receive a criminal record; and |
14 | | (3) in the best interests of justice, an order of |
15 | | supervision is more appropriate than a sentence otherwise |
16 | | permitted under this Code.
|
17 | | (e) SUPERVISION; PERIOD. When a defendant is placed on |
18 | | supervision, the court shall enter an order for supervision |
19 | | specifying the period of supervision, and shall defer further |
20 | | proceedings in the case until the conclusion of the period. The |
21 | | period of supervision shall be reasonable under all of the |
22 | | circumstances of the case, and except as otherwise provided, |
23 | | may not be longer than 2 years. The court shall specify the |
24 | | conditions of supervision as set forth in Section 5-6-3.1 (730 |
25 | | ILCS 5/5-6-3.1).
|
26 | | (Source: P.A. 95-1052, eff. 7-1-09 .)
|
|
| | 10000HB2591ham001 | - 192 - | LRB100 06972 MRW 22771 a |
|
|
1 | | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
|
2 | | Sec. 5-5-3. Disposition.
|
3 | | (a) (Blank).
|
4 | | (b) (Blank).
|
5 | | (c) (1) (Blank).
|
6 | | (2) A period of probation, a term of periodic imprisonment |
7 | | or
conditional discharge shall not be imposed for the following |
8 | | offenses.
The court shall sentence the offender to not less |
9 | | than the minimum term
of imprisonment set forth in this Code |
10 | | for the following offenses, and
may order a fine or restitution |
11 | | or both in conjunction with such term of
imprisonment:
|
12 | | (A) First degree murder where the death penalty is not |
13 | | imposed.
|
14 | | (B) Attempted first degree murder.
|
15 | | (C) A Class X felony.
|
16 | | (D) A violation of Section 401.1 or 407 of the
Illinois |
17 | | Controlled Substances Act, or a violation of subdivision |
18 | | (c)(1.5) or
(c)(2) of
Section 401 of that Act which relates |
19 | | to more than 5 grams of a substance
containing cocaine, |
20 | | fentanyl, or an analog thereof.
|
21 | | (D-5) A violation of subdivision (c)(1) of
Section 401 |
22 | | of the Illinois Controlled Substances Act which relates to |
23 | | 3 or more grams of a substance
containing heroin or an |
24 | | analog thereof. |
25 | | (E) A violation of Section 5.1 or 9 of the Cannabis |
|
| | 10000HB2591ham001 | - 193 - | LRB100 06972 MRW 22771 a |
|
|
1 | | Control
Act.
|
2 | | (F) A Class 2 or greater felony if the offender had |
3 | | been convicted
of a Class 2 or greater felony, including |
4 | | any state or federal conviction for an offense that |
5 | | contained, at the time it was committed, the same elements |
6 | | as an offense now (the date of the offense committed after |
7 | | the prior Class 2 or greater felony) classified as a Class |
8 | | 2 or greater felony, within 10 years of the date on which |
9 | | the
offender
committed the offense for which he or she is |
10 | | being sentenced, except as
otherwise provided in Section |
11 | | 40-10 of the Alcoholism and Other Drug Abuse and
Dependency |
12 | | Act.
|
13 | | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of |
14 | | the Criminal Code of 1961 or the Criminal Code of 2012 for |
15 | | which imprisonment is prescribed in those Sections. |
16 | | (G) Residential burglary, except as otherwise provided |
17 | | in Section 40-10
of the Alcoholism and Other Drug Abuse and |
18 | | Dependency Act.
|
19 | | (H) Criminal sexual assault.
|
20 | | (I) Aggravated battery of a senior citizen as described |
21 | | in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 |
22 | | of the Criminal Code of 1961 or the Criminal Code of 2012.
|
23 | | (J) A forcible felony if the offense was related to the |
24 | | activities of an
organized gang.
|
25 | | Before July 1, 1994, for the purposes of this |
26 | | paragraph, "organized
gang" means an association of 5 or |
|
| | 10000HB2591ham001 | - 194 - | LRB100 06972 MRW 22771 a |
|
|
1 | | more persons, with an established hierarchy,
that |
2 | | encourages members of the association to perpetrate crimes |
3 | | or provides
support to the members of the association who |
4 | | do commit crimes.
|
5 | | Beginning July 1, 1994, for the purposes of this |
6 | | paragraph,
"organized gang" has the meaning ascribed to it |
7 | | in Section 10 of the Illinois
Streetgang Terrorism Omnibus |
8 | | Prevention Act.
|
9 | | (K) Vehicular hijacking.
|
10 | | (L) A second or subsequent conviction for the offense |
11 | | of hate crime
when the underlying offense upon which the |
12 | | hate crime is based is felony
aggravated
assault or felony |
13 | | mob action.
|
14 | | (M) A second or subsequent conviction for the offense |
15 | | of institutional
vandalism if the damage to the property |
16 | | exceeds $300.
|
17 | | (N) A Class 3 felony violation of paragraph (1) of |
18 | | subsection (a) of
Section 2 of the Firearm Owners |
19 | | Identification Card Act.
|
20 | | (O) A violation of Section 12-6.1 or 12-6.5 of the |
21 | | Criminal Code of 1961 or the Criminal Code of 2012.
|
22 | | (P) A violation of paragraph (1), (2), (3), (4), (5), |
23 | | or (7) of
subsection (a)
of Section 11-20.1 of the Criminal |
24 | | Code of 1961 or the Criminal Code of 2012.
|
25 | | (Q) A violation of subsection (b) or (b-5) of Section |
26 | | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal |
|
| | 10000HB2591ham001 | - 195 - | LRB100 06972 MRW 22771 a |
|
|
1 | | Code of
1961 or the Criminal Code of 2012.
|
2 | | (R) A violation of Section 24-3A of the Criminal Code |
3 | | of
1961 or the Criminal Code of 2012.
|
4 | | (S) (Blank).
|
5 | | (T) A second or subsequent violation of the |
6 | | Methamphetamine Control and Community Protection Act.
|
7 | | (U) A second or subsequent violation of Section 6-303 |
8 | | of the Illinois Vehicle Code committed while his or her |
9 | | driver's license, permit, or privilege was revoked because |
10 | | of a violation of Section 9-3 of the Criminal Code of 1961 |
11 | | or the Criminal Code of 2012, relating to the offense of |
12 | | reckless homicide, or a similar provision of a law of |
13 | | another state.
|
14 | | (V)
A violation of paragraph (4) of subsection (c) of |
15 | | Section 11-20.1B or paragraph (4) of subsection (c) of |
16 | | Section 11-20.3 of the Criminal Code of 1961, or paragraph |
17 | | (6) of subsection (a) of Section 11-20.1 of the Criminal |
18 | | Code of 2012 when the victim is under 13 years of age and |
19 | | the defendant has previously been convicted under the laws |
20 | | of this State or any other state of the offense of child |
21 | | pornography, aggravated child pornography, aggravated |
22 | | criminal sexual abuse, aggravated criminal sexual assault, |
23 | | predatory criminal sexual assault of a child, or any of the |
24 | | offenses formerly known as rape, deviate sexual assault, |
25 | | indecent liberties with a child, or aggravated indecent |
26 | | liberties with a child where the victim was under the age |
|
| | 10000HB2591ham001 | - 196 - | LRB100 06972 MRW 22771 a |
|
|
1 | | of 18 years or an offense that is substantially equivalent |
2 | | to those offenses. |
3 | | (W) A violation of Section 24-3.5 of the Criminal Code |
4 | | of 1961 or the Criminal Code of 2012.
|
5 | | (X) A violation of subsection (a) of Section 31-1a of |
6 | | the Criminal Code of 1961 or the Criminal Code of 2012. |
7 | | (Y) A conviction for unlawful possession of a firearm |
8 | | by a street gang member when the firearm was loaded or |
9 | | contained firearm ammunition. |
10 | | (Z) A Class 1 felony committed while he or she was |
11 | | serving a term of probation or conditional discharge for a |
12 | | felony. |
13 | | (AA) Theft of property exceeding $500,000 and not |
14 | | exceeding $1,000,000 in value. |
15 | | (BB) Laundering of criminally derived property of a |
16 | | value exceeding
$500,000. |
17 | | (CC) Knowingly selling, offering for sale, holding for |
18 | | sale, or using 2,000 or more counterfeit items or |
19 | | counterfeit items having a retail value in the aggregate of |
20 | | $500,000 or more. |
21 | | (DD) A conviction for aggravated assault under |
22 | | paragraph (6) of subsection (c) of Section 12-2 of the |
23 | | Criminal Code of 1961 or the Criminal Code of 2012 if the |
24 | | firearm is aimed toward the person against whom the firearm |
25 | | is being used. |
26 | | (EE) A conviction for a violation of paragraph (2) of |
|
| | 10000HB2591ham001 | - 197 - | LRB100 06972 MRW 22771 a |
|
|
1 | | subsection (a) of Section 24-3B of the Criminal Code of |
2 | | 2012. |
3 | | (3) (Blank).
|
4 | | (4) A minimum term of imprisonment of not less than 10
|
5 | | consecutive days or 30 days of community service shall be |
6 | | imposed for a
violation of paragraph (c) of Section 6-303 of |
7 | | the Illinois Vehicle Code.
|
8 | | (4.1) (Blank).
|
9 | | (4.2) Except as provided in paragraphs (4.3) and (4.8) of |
10 | | this subsection (c), a
minimum of
100 hours of community |
11 | | service shall be imposed for a second violation of
Section |
12 | | 6-303
of the Illinois Vehicle Code.
|
13 | | (4.3) A minimum term of imprisonment of 30 days or 300 |
14 | | hours of community
service, as determined by the court, shall
|
15 | | be imposed for a second violation of subsection (c) of Section |
16 | | 6-303 of the
Illinois Vehicle Code.
|
17 | | (4.4) Except as provided in paragraphs
(4.5), (4.6), and |
18 | | (4.9) of this
subsection (c), a
minimum term of imprisonment of |
19 | | 30 days or 300 hours of community service, as
determined by the |
20 | | court, shall
be imposed
for a third or subsequent violation of |
21 | | Section 6-303 of the Illinois Vehicle
Code.
|
22 | | (4.5) A minimum term of imprisonment of 30 days
shall be |
23 | | imposed for a third violation of subsection (c) of
Section |
24 | | 6-303 of the Illinois Vehicle Code.
|
25 | | (4.6) Except as provided in paragraph (4.10) of this |
26 | | subsection (c), a minimum term of imprisonment of 180 days |
|
| | 10000HB2591ham001 | - 198 - | LRB100 06972 MRW 22771 a |
|
|
1 | | shall be imposed for a
fourth or subsequent violation of |
2 | | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
|
3 | | (4.7) A minimum term of imprisonment of not less than 30 |
4 | | consecutive days, or 300 hours of community service, shall be |
5 | | imposed for a violation of subsection (a-5) of Section 6-303 of |
6 | | the Illinois Vehicle Code, as provided in subsection (b-5) of |
7 | | that Section.
|
8 | | (4.8) A mandatory prison sentence shall be imposed for a |
9 | | second violation of subsection (a-5) of Section 6-303 of the |
10 | | Illinois Vehicle Code, as provided in subsection (c-5) of that |
11 | | Section. The person's driving privileges shall be revoked for a |
12 | | period of not less than 5 years from the date of his or her |
13 | | release from prison.
|
14 | | (4.9) A mandatory prison sentence of not less than 4 and |
15 | | not more than 15 years shall be imposed for a third violation |
16 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle |
17 | | Code, as provided in subsection (d-2.5) of that Section. The |
18 | | person's driving privileges shall be revoked for the remainder |
19 | | of his or her life.
|
20 | | (4.10) A mandatory prison sentence for a Class 1 felony |
21 | | shall be imposed, and the person shall be eligible for an |
22 | | extended term sentence, for a fourth or subsequent violation of |
23 | | subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, |
24 | | as provided in subsection (d-3.5) of that Section. The person's |
25 | | driving privileges shall be revoked for the remainder of his or |
26 | | her life.
|
|
| | 10000HB2591ham001 | - 199 - | LRB100 06972 MRW 22771 a |
|
|
1 | | (5) The court may sentence a corporation or unincorporated
|
2 | | association convicted of any offense to:
|
3 | | (A) a period of conditional discharge;
|
4 | | (B) a fine;
|
5 | | (C) make restitution to the victim under Section 5-5-6 |
6 | | of this Code.
|
7 | | (5.1) In addition to any other penalties imposed, and |
8 | | except as provided in paragraph (5.2) or (5.3), a person
|
9 | | convicted of violating subsection (c) of Section 11-907 of the |
10 | | Illinois
Vehicle Code shall have his or her driver's license, |
11 | | permit, or privileges
suspended for at least 90 days but not |
12 | | more than one year, if the violation
resulted in damage to the |
13 | | property of another person.
|
14 | | (5.2) In addition to any other penalties imposed, and |
15 | | except as provided in paragraph (5.3), a person convicted
of |
16 | | violating subsection (c) of Section 11-907 of the Illinois |
17 | | Vehicle Code
shall have his or her driver's license, permit, or |
18 | | privileges suspended for at
least 180 days but not more than 2 |
19 | | years, if the violation resulted in injury
to
another person.
|
20 | | (5.3) In addition to any other penalties imposed, a person |
21 | | convicted of violating subsection (c) of Section
11-907 of the |
22 | | Illinois Vehicle Code shall have his or her driver's license,
|
23 | | permit, or privileges suspended for 2 years, if the violation |
24 | | resulted in the
death of another person.
|
25 | | (5.4) In addition to any other penalties imposed, a person |
26 | | convicted of violating Section 3-707 of the Illinois Vehicle |
|
| | 10000HB2591ham001 | - 200 - | LRB100 06972 MRW 22771 a |
|
|
1 | | Code shall have his or her driver's license, permit, or |
2 | | privileges suspended for 3 months and until he or she has paid |
3 | | a reinstatement fee of $100. |
4 | | (5.5) In addition to any other penalties imposed, a person |
5 | | convicted of violating Section 3-707 of the Illinois Vehicle |
6 | | Code during a period in which his or her driver's license, |
7 | | permit, or privileges were suspended for a previous violation |
8 | | of that Section shall have his or her driver's license, permit, |
9 | | or privileges suspended for an additional 6 months after the |
10 | | expiration of the original 3-month suspension and until he or |
11 | | she has paid a reinstatement fee of $100.
|
12 | | (6) (Blank).
|
13 | | (7) (Blank).
|
14 | | (8) (Blank).
|
15 | | (9) A defendant convicted of a second or subsequent offense |
16 | | of ritualized
abuse of a child may be sentenced to a term of |
17 | | natural life imprisonment.
|
18 | | (10) (Blank).
|
19 | | (11) The court shall impose a minimum fine of $1,000 for a |
20 | | first offense
and $2,000 for a second or subsequent offense |
21 | | upon a person convicted of or
placed on supervision for battery |
22 | | when the individual harmed was a sports
official or coach at |
23 | | any level of competition and the act causing harm to the
sports
|
24 | | official or coach occurred within an athletic facility or |
25 | | within the immediate vicinity
of the athletic facility at which |
26 | | the sports official or coach was an active
participant
of the |
|
| | 10000HB2591ham001 | - 201 - | LRB100 06972 MRW 22771 a |
|
|
1 | | athletic contest held at the athletic facility. For the |
2 | | purposes of
this paragraph (11), "sports official" means a |
3 | | person at an athletic contest
who enforces the rules of the |
4 | | contest, such as an umpire or referee; "athletic facility" |
5 | | means an indoor or outdoor playing field or recreational area |
6 | | where sports activities are conducted;
and "coach" means a |
7 | | person recognized as a coach by the sanctioning
authority that |
8 | | conducted the sporting event. |
9 | | (12) A person may not receive a disposition of court |
10 | | supervision for a
violation of Section 5-16 of the Boat |
11 | | Registration and Safety Act if that
person has previously |
12 | | received a disposition of court supervision for a
violation of |
13 | | that Section.
|
14 | | (13) A person convicted of or placed on court supervision |
15 | | for an assault or aggravated assault when the victim and the |
16 | | offender are family or household members as defined in Section |
17 | | 103 of the Illinois Domestic Violence Act of 1986 or convicted |
18 | | of domestic battery or aggravated domestic battery may be |
19 | | required to attend a Partner Abuse Intervention Program under |
20 | | protocols set forth by the Illinois Department of Human |
21 | | Services under such terms and conditions imposed by the court. |
22 | | The costs of such classes shall be paid by the offender.
|
23 | | (d) In any case in which a sentence originally imposed is |
24 | | vacated,
the case shall be remanded to the trial court. The |
25 | | trial court shall
hold a hearing under Section 5-4-1 of the |
26 | | Unified Code of Corrections
which may include evidence of the |
|
| | 10000HB2591ham001 | - 202 - | LRB100 06972 MRW 22771 a |
|
|
1 | | defendant's life, moral character and
occupation during the |
2 | | time since the original sentence was passed. The
trial court |
3 | | shall then impose sentence upon the defendant. The trial
court |
4 | | may impose any sentence which could have been imposed at the
|
5 | | original trial subject to Section 5-5-4 of the Unified Code of |
6 | | Corrections.
If a sentence is vacated on appeal or on |
7 | | collateral attack due to the
failure of the trier of fact at |
8 | | trial to determine beyond a reasonable doubt
the
existence of a |
9 | | fact (other than a prior conviction) necessary to increase the
|
10 | | punishment for the offense beyond the statutory maximum |
11 | | otherwise applicable,
either the defendant may be re-sentenced |
12 | | to a term within the range otherwise
provided or, if the State |
13 | | files notice of its intention to again seek the
extended |
14 | | sentence, the defendant shall be afforded a new trial.
|
15 | | (e) In cases where prosecution for
aggravated criminal |
16 | | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal |
17 | | Code of 1961 or the Criminal Code of 2012 results in conviction |
18 | | of a defendant
who was a family member of the victim at the |
19 | | time of the commission of the
offense, the court shall consider |
20 | | the safety and welfare of the victim and
may impose a sentence |
21 | | of probation only where:
|
22 | | (1) the court finds (A) or (B) or both are appropriate:
|
23 | | (A) the defendant is willing to undergo a court |
24 | | approved counseling
program for a minimum duration of 2 |
25 | | years; or
|
26 | | (B) the defendant is willing to participate in a |
|
| | 10000HB2591ham001 | - 203 - | LRB100 06972 MRW 22771 a |
|
|
1 | | court approved plan
including but not limited to the |
2 | | defendant's:
|
3 | | (i) removal from the household;
|
4 | | (ii) restricted contact with the victim;
|
5 | | (iii) continued financial support of the |
6 | | family;
|
7 | | (iv) restitution for harm done to the victim; |
8 | | and
|
9 | | (v) compliance with any other measures that |
10 | | the court may
deem appropriate; and
|
11 | | (2) the court orders the defendant to pay for the |
12 | | victim's counseling
services, to the extent that the court |
13 | | finds, after considering the
defendant's income and |
14 | | assets, that the defendant is financially capable of
paying |
15 | | for such services, if the victim was under 18 years of age |
16 | | at the
time the offense was committed and requires |
17 | | counseling as a result of the
offense.
|
18 | | Probation may be revoked or modified pursuant to Section |
19 | | 5-6-4; except
where the court determines at the hearing that |
20 | | the defendant violated a
condition of his or her probation |
21 | | restricting contact with the victim or
other family members or |
22 | | commits another offense with the victim or other
family |
23 | | members, the court shall revoke the defendant's probation and
|
24 | | impose a term of imprisonment.
|
25 | | For the purposes of this Section, "family member" and |
26 | | "victim" shall have
the meanings ascribed to them in Section |
|
| | 10000HB2591ham001 | - 204 - | LRB100 06972 MRW 22771 a |
|
|
1 | | 11-0.1 of the Criminal Code of
2012.
|
2 | | (f) (Blank).
|
3 | | (g) Whenever a defendant is convicted of an offense under |
4 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, |
5 | | 11-14.3, 11-14.4 except for an offense that involves keeping a |
6 | | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, |
7 | | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, |
8 | | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the |
9 | | Criminal Code of 2012,
the defendant shall undergo medical |
10 | | testing to
determine whether the defendant has any sexually |
11 | | transmissible disease,
including a test for infection with |
12 | | human immunodeficiency virus (HIV) or
any other identified |
13 | | causative agent of acquired immunodeficiency syndrome
(AIDS). |
14 | | Any such medical test shall be performed only by appropriately
|
15 | | licensed medical practitioners and may include an analysis of |
16 | | any bodily
fluids as well as an examination of the defendant's |
17 | | person.
Except as otherwise provided by law, the results of |
18 | | such test shall be kept
strictly confidential by all medical |
19 | | personnel involved in the testing and must
be personally |
20 | | delivered in a sealed envelope to the judge of the court in |
21 | | which
the conviction was entered for the judge's inspection in |
22 | | camera. Acting in
accordance with the best interests of the |
23 | | victim and the public, the judge
shall have the discretion to |
24 | | determine to whom, if anyone, the results of the
testing may be |
25 | | revealed. The court shall notify the defendant
of the test |
26 | | results. The court shall
also notify the victim if requested by |
|
| | 10000HB2591ham001 | - 205 - | LRB100 06972 MRW 22771 a |
|
|
1 | | the victim, and if the victim is under
the age of 15 and if |
2 | | requested by the victim's parents or legal guardian, the
court |
3 | | shall notify the victim's parents or legal guardian of the test
|
4 | | results.
The court shall provide information on the |
5 | | availability of HIV testing
and counseling at Department of |
6 | | Public Health facilities to all parties to
whom the results of |
7 | | the testing are revealed and shall direct the State's
Attorney |
8 | | to provide the information to the victim when possible.
A |
9 | | State's Attorney may petition the court to obtain the results |
10 | | of any HIV test
administered under this Section, and the court |
11 | | shall grant the disclosure if
the State's Attorney shows it is |
12 | | relevant in order to prosecute a charge of
criminal |
13 | | transmission of HIV under Section 12-5.01 or 12-16.2 of the |
14 | | Criminal Code of 1961 or the Criminal Code of 2012
against the |
15 | | defendant. The court shall order that the cost of any such test
|
16 | | shall be paid by the county and may be taxed as costs against |
17 | | the convicted
defendant.
|
18 | | (g-5) When an inmate is tested for an airborne communicable |
19 | | disease, as
determined by the Illinois Department of Public |
20 | | Health including but not
limited to tuberculosis, the results |
21 | | of the test shall be
personally delivered by the warden or his |
22 | | or her designee in a sealed envelope
to the judge of the court |
23 | | in which the inmate must appear for the judge's
inspection in |
24 | | camera if requested by the judge. Acting in accordance with the
|
25 | | best interests of those in the courtroom, the judge shall have |
26 | | the discretion
to determine what if any precautions need to be |
|
| | 10000HB2591ham001 | - 206 - | LRB100 06972 MRW 22771 a |
|
|
1 | | taken to prevent transmission
of the disease in the courtroom.
|
2 | | (h) Whenever a defendant is convicted of an offense under |
3 | | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the |
4 | | defendant shall undergo
medical testing to determine whether |
5 | | the defendant has been exposed to human
immunodeficiency virus |
6 | | (HIV) or any other identified causative agent of
acquired |
7 | | immunodeficiency syndrome (AIDS). Except as otherwise provided |
8 | | by
law, the results of such test shall be kept strictly |
9 | | confidential by all
medical personnel involved in the testing |
10 | | and must be personally delivered in a
sealed envelope to the |
11 | | judge of the court in which the conviction was entered
for the |
12 | | judge's inspection in camera. Acting in accordance with the |
13 | | best
interests of the public, the judge shall have the |
14 | | discretion to determine to
whom, if anyone, the results of the |
15 | | testing may be revealed. The court shall
notify the defendant |
16 | | of a positive test showing an infection with the human
|
17 | | immunodeficiency virus (HIV). The court shall provide |
18 | | information on the
availability of HIV testing and counseling |
19 | | at Department of Public Health
facilities to all parties to |
20 | | whom the results of the testing are revealed and
shall direct |
21 | | the State's Attorney to provide the information to the victim |
22 | | when
possible. A State's Attorney may petition the court to |
23 | | obtain the results of
any HIV test administered under this |
24 | | Section, and the court shall grant the
disclosure if the |
25 | | State's Attorney shows it is relevant in order to prosecute a
|
26 | | charge of criminal transmission of HIV under Section 12-5.01 or |
|
| | 10000HB2591ham001 | - 207 - | LRB100 06972 MRW 22771 a |
|
|
1 | | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of |
2 | | 2012 against the defendant. The court shall order that the cost |
3 | | of any
such test shall be paid by the county and may be taxed as |
4 | | costs against the
convicted defendant.
|
5 | | (i) All fines and penalties imposed under this Section for |
6 | | any violation
of Chapters 3, 4, 6, and 11 of the Illinois |
7 | | Vehicle Code, or a similar
provision of a local ordinance, and |
8 | | any violation
of the Child Passenger Protection Act, or a |
9 | | similar provision of a local
ordinance, shall be collected and |
10 | | disbursed by the circuit
clerk as provided under the Criminal |
11 | | and Traffic Assessment Act Section 27.5 of the Clerks of Courts |
12 | | Act .
|
13 | | (j) In cases when prosecution for any violation of Section |
14 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, |
15 | | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, |
16 | | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, |
17 | | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, |
18 | | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal |
19 | | Code of 2012, any violation of the Illinois Controlled |
20 | | Substances Act,
any violation of the Cannabis Control Act, or |
21 | | any violation of the Methamphetamine Control and Community |
22 | | Protection Act results in conviction, a
disposition of court |
23 | | supervision, or an order of probation granted under
Section 10 |
24 | | of the Cannabis Control Act, Section 410 of the Illinois
|
25 | | Controlled Substances Act, or Section 70 of the Methamphetamine |
26 | | Control and Community Protection Act of a defendant, the court |
|
| | 10000HB2591ham001 | - 208 - | LRB100 06972 MRW 22771 a |
|
|
1 | | shall determine whether the
defendant is employed by a facility |
2 | | or center as defined under the Child Care
Act of 1969, a public |
3 | | or private elementary or secondary school, or otherwise
works |
4 | | with children under 18 years of age on a daily basis. When a |
5 | | defendant
is so employed, the court shall order the Clerk of |
6 | | the Court to send a copy of
the judgment of conviction or order |
7 | | of supervision or probation to the
defendant's employer by |
8 | | certified mail.
If the employer of the defendant is a school, |
9 | | the Clerk of the Court shall
direct the mailing of a copy of |
10 | | the judgment of conviction or order of
supervision or probation |
11 | | to the appropriate regional superintendent of schools.
The |
12 | | regional superintendent of schools shall notify the State Board |
13 | | of
Education of any notification under this subsection.
|
14 | | (j-5) A defendant at least 17 years of age who is convicted |
15 | | of a felony and
who has not been previously convicted of a |
16 | | misdemeanor or felony and who is
sentenced to a term of |
17 | | imprisonment in the Illinois Department of Corrections
shall as |
18 | | a condition of his or her sentence be required by the court to |
19 | | attend
educational courses designed to prepare the defendant |
20 | | for a high school diploma
and to work toward a high school |
21 | | diploma or to work toward passing high school equivalency |
22 | | testing or to work toward
completing a vocational training |
23 | | program offered by the Department of
Corrections. If a |
24 | | defendant fails to complete the educational training
required |
25 | | by his or her sentence during the term of incarceration, the |
26 | | Prisoner
Review Board shall, as a condition of mandatory |
|
| | 10000HB2591ham001 | - 209 - | LRB100 06972 MRW 22771 a |
|
|
1 | | supervised release, require the
defendant, at his or her own |
2 | | expense, to pursue a course of study toward a high
school |
3 | | diploma or passage of high school equivalency testing. The |
4 | | Prisoner Review Board shall
revoke the mandatory supervised |
5 | | release of a defendant who wilfully fails to
comply with this |
6 | | subsection (j-5) upon his or her release from confinement in a
|
7 | | penal institution while serving a mandatory supervised release |
8 | | term; however,
the inability of the defendant after making a |
9 | | good faith effort to obtain
financial aid or pay for the |
10 | | educational training shall not be deemed a wilful
failure to |
11 | | comply. The Prisoner Review Board shall recommit the defendant
|
12 | | whose mandatory supervised release term has been revoked under |
13 | | this subsection
(j-5) as provided in Section 3-3-9. This |
14 | | subsection (j-5) does not apply to a
defendant who has a high |
15 | | school diploma or has successfully passed high school |
16 | | equivalency testing. This subsection (j-5) does not apply to a |
17 | | defendant who is determined by
the court to be a person with a |
18 | | developmental disability or otherwise mentally incapable of
|
19 | | completing the educational or vocational program.
|
20 | | (k) (Blank).
|
21 | | (l) (A) Except as provided
in paragraph (C) of subsection |
22 | | (l), whenever a defendant,
who is an alien as defined by the |
23 | | Immigration and Nationality Act, is convicted
of any felony or |
24 | | misdemeanor offense, the court after sentencing the defendant
|
25 | | may, upon motion of the State's Attorney, hold sentence in |
26 | | abeyance and remand
the defendant to the custody of the |
|
| | 10000HB2591ham001 | - 210 - | LRB100 06972 MRW 22771 a |
|
|
1 | | Attorney General of
the United States or his or her designated |
2 | | agent to be deported when:
|
3 | | (1) a final order of deportation has been issued |
4 | | against the defendant
pursuant to proceedings under the |
5 | | Immigration and Nationality Act, and
|
6 | | (2) the deportation of the defendant would not |
7 | | deprecate the seriousness
of the defendant's conduct and |
8 | | would not be inconsistent with the ends of
justice.
|
9 | | Otherwise, the defendant shall be sentenced as provided in |
10 | | this Chapter V.
|
11 | | (B) If the defendant has already been sentenced for a |
12 | | felony or
misdemeanor
offense, or has been placed on probation |
13 | | under Section 10 of the Cannabis
Control Act,
Section 410 of |
14 | | the Illinois Controlled Substances Act, or Section 70 of the |
15 | | Methamphetamine Control and Community Protection Act, the |
16 | | court
may, upon motion of the State's Attorney to suspend the
|
17 | | sentence imposed, commit the defendant to the custody of the |
18 | | Attorney General
of the United States or his or her designated |
19 | | agent when:
|
20 | | (1) a final order of deportation has been issued |
21 | | against the defendant
pursuant to proceedings under the |
22 | | Immigration and Nationality Act, and
|
23 | | (2) the deportation of the defendant would not |
24 | | deprecate the seriousness
of the defendant's conduct and |
25 | | would not be inconsistent with the ends of
justice.
|
26 | | (C) This subsection (l) does not apply to offenders who are |
|
| | 10000HB2591ham001 | - 211 - | LRB100 06972 MRW 22771 a |
|
|
1 | | subject to the
provisions of paragraph (2) of subsection (a) of |
2 | | Section 3-6-3.
|
3 | | (D) Upon motion of the State's Attorney, if a defendant |
4 | | sentenced under
this Section returns to the jurisdiction of the |
5 | | United States, the defendant
shall be recommitted to the |
6 | | custody of the county from which he or she was
sentenced.
|
7 | | Thereafter, the defendant shall be brought before the |
8 | | sentencing court, which
may impose any sentence that was |
9 | | available under Section 5-5-3 at the time of
initial |
10 | | sentencing. In addition, the defendant shall not be eligible |
11 | | for
additional sentence credit for good conduct as provided |
12 | | under
Section 3-6-3.
|
13 | | (m) A person convicted of criminal defacement of property |
14 | | under Section
21-1.3 of the Criminal Code of 1961 or the |
15 | | Criminal Code of 2012, in which the property damage exceeds |
16 | | $300
and the property damaged is a school building, shall be |
17 | | ordered to perform
community service that may include cleanup, |
18 | | removal, or painting over the
defacement.
|
19 | | (n) The court may sentence a person convicted of a |
20 | | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or |
21 | | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code |
22 | | of 1961 or the Criminal Code of 2012 (i) to an impact
|
23 | | incarceration program if the person is otherwise eligible for |
24 | | that program
under Section 5-8-1.1, (ii) to community service, |
25 | | or (iii) if the person is an
addict or alcoholic, as defined in |
26 | | the Alcoholism and Other Drug Abuse and
Dependency Act, to a |
|
| | 10000HB2591ham001 | - 212 - | LRB100 06972 MRW 22771 a |
|
|
1 | | substance or alcohol abuse program licensed under that
Act. |
2 | | (o) Whenever a person is convicted of a sex offense as |
3 | | defined in Section 2 of the Sex Offender Registration Act, the |
4 | | defendant's driver's license or permit shall be subject to |
5 | | renewal on an annual basis in accordance with the provisions of |
6 | | license renewal established by the Secretary of State.
|
7 | | (Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14; |
8 | | 99-143, eff. 7-27-15; 99-885, eff. 8-23-16.)
|
9 | | (730 ILCS 5/5-5-6) (from Ch. 38, par. 1005-5-6)
|
10 | | Sec. 5-5-6. In all convictions for offenses in violation of |
11 | | the Criminal
Code of 1961 or the Criminal Code of 2012 or of |
12 | | Section 11-501 of the Illinois Vehicle Code in which the person |
13 | | received any injury to his or her person or damage
to his or |
14 | | her real or personal property as a result of the criminal act |
15 | | of the
defendant, the court shall order restitution as provided |
16 | | in this Section. In
all other cases, except cases in which |
17 | | restitution is required under this
Section, the court must at |
18 | | the sentence hearing determine whether restitution
is an |
19 | | appropriate sentence to be imposed on each defendant convicted |
20 | | of an
offense. If the court determines that an order directing |
21 | | the offender to make
restitution is appropriate, the offender |
22 | | may be sentenced to make restitution.
The court may consider |
23 | | restitution an appropriate sentence to be imposed on each |
24 | | defendant convicted of an offense in addition to a sentence of |
25 | | imprisonment. The sentence of the defendant to a term of |
|
| | 10000HB2591ham001 | - 213 - | LRB100 06972 MRW 22771 a |
|
|
1 | | imprisonment is not a mitigating factor that prevents the court |
2 | | from ordering the defendant to pay restitution. If
the offender |
3 | | is sentenced to make restitution the Court shall determine the
|
4 | | restitution as hereinafter set forth:
|
5 | | (a) At the sentence hearing, the court shall determine |
6 | | whether the
property
may be restored in kind to the |
7 | | possession of the owner or the person entitled
to |
8 | | possession thereof; or whether the defendant is possessed |
9 | | of sufficient
skill to repair and restore property damaged; |
10 | | or whether the defendant should
be required to make |
11 | | restitution in cash, for out-of-pocket expenses, damages,
|
12 | | losses, or injuries found to have been proximately caused |
13 | | by the conduct
of the defendant or another for whom the |
14 | | defendant is legally accountable
under the provisions of |
15 | | Article 5 of the Criminal Code of 1961 or the Criminal Code |
16 | | of 2012.
|
17 | | (b) In fixing the amount of restitution to be paid in |
18 | | cash, the court
shall allow credit for property returned in |
19 | | kind, for property damages ordered
to be repaired by the |
20 | | defendant, and for property ordered to be restored
by the |
21 | | defendant; and after granting the credit, the court shall |
22 | | assess
the actual out-of-pocket expenses, losses, damages, |
23 | | and injuries suffered
by the victim named in the charge and |
24 | | any other victims who may also have
suffered out-of-pocket |
25 | | expenses, losses, damages, and injuries proximately
caused |
26 | | by the same criminal conduct of the defendant, and |
|
| | 10000HB2591ham001 | - 214 - | LRB100 06972 MRW 22771 a |
|
|
1 | | insurance
carriers who have indemnified the named victim or |
2 | | other victims for the
out-of-pocket expenses, losses, |
3 | | damages, or injuries, provided that in no
event shall |
4 | | restitution be ordered to be paid on account of pain and
|
5 | | suffering. When a victim's out-of-pocket expenses have |
6 | | been paid pursuant to the Crime Victims Compensation Act, |
7 | | the court shall order restitution be paid to the |
8 | | compensation program. If a defendant is placed on |
9 | | supervision for, or convicted of,
domestic battery, the |
10 | | defendant shall be required to pay restitution to any
|
11 | | domestic violence shelter in which the victim and any other |
12 | | family or household
members lived because of the domestic |
13 | | battery. The amount of the restitution
shall equal the |
14 | | actual expenses of the domestic violence shelter in |
15 | | providing
housing and any other services for the victim and |
16 | | any other family or household
members living at the |
17 | | shelter. If a defendant fails to pay restitution in
the |
18 | | manner or within
the time period specified by the court, |
19 | | the court may enter an order
directing the sheriff to seize |
20 | | any real or personal property of a defendant
to the extent |
21 | | necessary to satisfy the order of restitution and dispose |
22 | | of
the property by public sale. All proceeds from such sale |
23 | | in excess of the
amount of restitution plus court costs and |
24 | | the costs of the sheriff in
conducting the sale shall be |
25 | | paid to the defendant. The defendant convicted of
domestic |
26 | | |