Rep. Steven A. Andersson

Filed: 3/3/2017

 

 


 

 


 
10000HB2591ham001LRB100 06972 MRW 22771 a

1
AMENDMENT TO HOUSE BILL 2591

2    AMENDMENT NO. ______. Amend House Bill 2591 by replacing
3everything after the enacting clause with the following:
 
4
"Article I. General Provisions

 
5    Section 1-1. Short title. This Act may be cited as the
6Criminal and Traffic Assessment Act.
 
7    Section 1-5. Definitions. In this Act:
8    "Assessment" means any costs imposed on a defendant under
9this Act.
10    "Business offense" means a petty offense for which the fine
11is in excess of $1,000.
12    "Case" means all charges and counts filed against a single
13defendant which are being prosecuted as a single proceeding
14before the court.
15    "Count" means each separate offense charged in the same

 

 

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1indictment, information, or complaint when the indictment,
2information, or complaint alleges the commission of more than
3one offense.
4    "Conservation offense" means any violation of the
5following Acts, Codes, or ordinances, except any offense
6punishable upon conviction by imprisonment in the
7penitentiary:
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;

 

 

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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
6entered upon a plea of guilty or upon a verdict or finding of
7guilty of an offense, rendered by a legally constituted jury or
8by a court of competent jurisdiction authorized to try the case
9without a jury.
10    "Drug offense" means any violation of the Cannabis Control
11Act, the Illinois Controlled Substances Act, the
12Methamphetamine Control and Community Protection Act, or any
13similar local ordinance which involves the possession or
14delivery of a drug.
15    "Drug-related emergency response" means the act of
16collecting evidence from or securing a site where controlled
17substances were manufactured, or where by-products from the
18manufacture of controlled substances are present, and cleaning
19up the site, whether these actions are performed by public
20entities or private contractors paid by public entities.
21    "Electronic citation" means the process of transmitting
22traffic, misdemeanor, municipal ordinance, conservation, or
23other citations and law enforcement data via electronic means
24to a circuit court clerk.
25    "Emergency response" means any incident requiring a
26response by a police officer, an ambulance, a firefighter

 

 

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1carried on the rolls of a regularly constituted fire department
2or fire protection district, a firefighter of a volunteer fire
3department, or a member of a recognized not-for-profit rescue
4or emergency medical service provider. "Emergency response"
5does not include a drug-related emergency response.
6    "Felony offense" means an offense for which a sentence to
7death or to a term of imprisonment in a penitentiary for one
8year or more is provided.
9    "Highest classified offense" means the offense in the case
10which carries the most severe potential disposition under
11Article 4.5 of the Unified Code of Corrections.
12    "Major traffic offense" means a traffic offense under the
13Illinois Vehicle Code or a similar provision of a local
14ordinance other than a petty offense or business offense.
15    "Minor traffic offense" means a petty offense or business
16offense under the Illinois Vehicle Code or a similar provision
17of a local ordinance.
18    "Misdemeanor offense" means any offense for which a
19sentence to a term of imprisonment in other than a penitentiary
20for less than one year may be imposed.
21    "Petty offense" means any offense for which a sentence of
22imprisonment is not an authorized disposition.
23    "Service provider costs" means costs incurred as a result
24of services provided by an entity including, but not limited
25to, traffic safety programs, laboratories, ambulance
26companies, and fire departments. "Service provider costs"

 

 

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1includes conditional amounts under this Act that are
2reimbursements for services provided.
3    "Street value" means the amount determined by the court on
4the basis of testimony of law enforcement personnel and the
5defendant as to the amount of drug or materials seized and any
6testimony as may be required by the court as to the current
7street value of the cannabis, controlled substance,
8methamphetamine or salt of an optical isomer of
9methamphetamine, or methamphetamine manufacturing materials
10seized.
11    "Supervision" means a disposition of conditional and
12revocable release without probationary supervision, but under
13the conditions and reporting requirements as are imposed by the
14court, at the successful conclusion of which disposition the
15defendant is discharged and a judgment dismissing the charges
16is entered.
 
17    Section 1-10. Minimum fine. Unless otherwise specified by
18law, the minimum fine for a conviction is $25. If the court
19finds that the fine would impose an undue burden on the victim,
20the 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
23set forth in this Act, for a defendant to pay in addition to
24any fine, restitution, or forfeiture ordered by the court when

 

 

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1the defendant is convicted of, pleads guilty to, or is placed
2on court supervision for a violation of a statute of this State
3or a similar local ordinance. The court may order a fine,
4restitution, or forfeiture on any conviction that is being
5sentenced but shall order only one assessment from the Schedule
6of Assessments 1 through 13 of this Act for all convictions in
7a case, that being the schedule applicable to the highest
8classified offense conviction that is being sentenced, plus any
9conditional assessments under Section 2-70 applicable to any
10conviction in the case.
11    (b) If the court finds that the schedule of assessments
12will cause an undue burden on any victim in a case or if the
13court orders community service or some other punishment in
14place of the a schedule of assessments, the court may reduce
15the amount set forth in the applicable schedule of assessments
16or not order the applicable schedule of assessments. If the
17court reduces the amount set forth in the applicable schedule
18of assessments, then all recipients of the funds collected will
19receive a prorated amount to reflect the reduction.
20    (c) The court may order the assessments to be paid
21forthwith or within a specified period of time or in
22installments.
23    (d) Except as provided in Section 1-20 of this Act, the
24defendant shall pay to the clerk of the court and the clerk
25shall remit the assessment to the appropriate entity as set
26forth in the ordered schedule of assessments within one month

 

 

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1of its receipt.
 
2    Section 1-20. Service provider costs. Unless otherwise
3provided in Article II of this Act, the defendant shall pay
4service provider costs to the entity that provided the service.
5Service provider costs are not eligible for credit for time
6served, substitution of community service, or waiver. The
7circuit court may, through administrative order or local rule,
8appoint the clerk of the court as the receiver and remitter of
9certain service provider costs, which may include, but are not
10limited to, probation fees, traffic school fees, or drug or
11alcohol testing fees.
 
12    Section 1-25. Credit for time served. Any credit for time
13served prior to sentencing that reduces the amount a defendant
14is required to pay shall be deducted first from the fine, if
15any, ordered by the court. Any remainder of the credit shall be
16equally divided between the assessments indicated in the
17ordered schedule and conditional assessments.
 
18    Section 1-30. Funds.
19    (a) All money collected by the Clerk of the Circuit Court
20under Article II of this Act shall be remitted as directed in
21Article II of this Act to the county treasurer, to the State
22Treasurer, and to the treasurers of the units of local
23government. If an amount payable to any of the treasurers is

 

 

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1less than $10, the clerk may postpone remitting the money until
2$10 has accrued or by the end of fiscal year. The treasurers
3shall deposit the money as indicated in the schedules. For
4Schedule of Assessments 5 through 11, $15 shall be deducted
5from the money paid to the county treasurer for the county
6General Fund and remitted to the treasurer of the unit of local
7government if the violation was prosecuted by the prosecuting
8attorney for that unit of local government.
9    (a-5) Partial payments received by the Clerk of the Court
10shall be prorated among all funds defined in the ordered
11schedule of assessments.
12    (b) The county treasurer or the treasurer of the unit of
13local government may create the funds indicated in paragraphs
14(1) through (5) of subsection (d) of this Section, if not
15already in existence. If a county or unit of local government
16has not instituted, and does not plan to institute a program
17that uses a particular fund, the treasurer need not create the
18fund and may instead deposit the money intended for the fund
19into the general fund of the county or unit of local government
20for use in financing the court system.
21    (c) If the arresting agency is a State agency, the
22arresting agency portion shall be remitted by the clerk of
23court to the State Treasurer who shall deposit the portion as
24follows:
25        (1) if the arresting agency is the Department of State
26    Police, into the State Police Operations Assistance Fund;

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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
201: Unless assessments are imposed by the court under another
21schedule of this Act, for a felony offense, the Clerk of the
22Circuit Court shall collect $454 and remit as follows:
23    (1) As the county's portion, $304 to the county treasurer,
24who shall deposit the money as follows:

 

 

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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,
14who 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:
22For a felony under Section 11-501 of the Illinois Vehicle Code,
23Section 5-7 of the Snowmobile Registration and Safety Act,
24Section 5-16 of the Boat Registration and Safety Act, or a
25similar provision of a local ordinance, the Clerk of the

 

 

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1Circuit Court shall collect $1,609 and remit as follows:
2    (1) As the county's portion, $304 to the county treasurer,
3who 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,
17who 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

 

 

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1    Fund.
2    (3) As the arresting agency's portion, $200 to the
3treasurer of the unit of local government of the arresting
4agency, who shall deposit the money into the DUI Fund of that
5unit of local government or as provided in subsection (c) of
6Section 1-30 of this Act if the arresting agency is a State
7agency, unless more than one agency is responsible for the
8arrest in which case the amount shall be remitted to each unit
9of government equally.
 
10    Section 2-15. SCHEDULE 3; felony drug offenses. SCHEDULE 3:
11For a felony under the Illinois Controlled Substances Act, the
12Cannabis Control Act, or the Methamphetamine Control and
13Community Protection Act, the Clerk of the Circuit Court shall
14collect $2,124 and remit as follows:
15    (1) As the county's portion, $304 to the county treasurer,
16who 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

 

 

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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,
5who 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:
21For a felony or attempted felony under Article 11 or Section
2212-33 of the Criminal Code of 2012, the Clerk of the Circuit
23Court shall collect $1,144 and remit as follows:
24    (1) As the county's portion, $304 to the county treasurer,
25who shall deposit the money as follows:

 

 

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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,
14who 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.
25SCHEDULE 5: Unless assessments are imposed under another

 

 

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1schedule of this Act, for a misdemeanor offense, the Clerk of
2the Circuit Court shall collect $370 and remit as follows:
3    (1) As the county's portion, $243 to the county treasurer,
4who 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,
16who 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
23of the unit of local government of the arresting agency, who
24shall deposit the money into the E-citation Fund of that unit
25of local government or as provided in subsection (c) of Section
261-30 of this Act if the arresting agency is a State agency,

 

 

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1unless more than one agency is responsible for the arrest in
2which case the amount shall be remitted to each unit of
3government equally.
 
4    Section 2-30. SCHEDULE 6; misdemeanor DUI offenses.
5SCHEDULE 6: For a misdemeanor under Section 11-501 of the
6Illinois Vehicle Code, Section 5-7 of the Snowmobile
7Registration and Safety Act, Section 5-16 of the Boat
8Registration and Safety Act, or a similar provision of a local
9ordinance, the Clerk of the Circuit Court shall collect $1,275
10and remit as follows:
11    (1) As the county's portion, $243 to the county treasurer,
12who 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,
24who shall deposit the money as follows:
25        (A) $440 into the State Police Operations Assistance

 

 

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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,
10unless more than one agency is responsible for the arrest in
11which case the amount shall be remitted to each unit of
12government 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.
23SCHEDULE 7: For a misdemeanor under the Illinois Controlled
24Substances Act, the Cannabis Control Act, or the
25Methamphetamine Control and Community Protection Act, the

 

 

10000HB2591ham001- 22 -LRB100 06972 MRW 22771 a

1Clerk of the Circuit Court shall collect $840 and remit as
2follows:
3    (1) As the county's portion, $243 to the county treasurer,
4who 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,
16who 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
5of the unit of local government of the arresting agency, who
6shall deposit the money into the E-citation Fund of that unit
7of local government or as provided in subsection (c) of Section
81-30 of this Act if the arresting agency is a State agency,
9unless more than one agency is responsible for the arrest in
10which case the amount shall be remitted to each unit of
11government equally.
 
12    Section 2-40. SCHEDULE 8; misdemeanor sex offenses.
13SCHEDULE 8: For a misdemeanor or attempted misdemeanor under
14Article 11 of the Criminal Code of 2012, the Clerk of the
15Circuit Court shall collect $1,060 and remit as follows:
16    (1) As the county's portion, $243 to the county treasurer,
17who 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,
4who 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
14of the unit of local government of the arresting agency, who
15shall deposit the money into the E-citation Fund of that unit
16of local government or as provided in subsection (c) of Section
171-30 of this Act if the arresting agency is a State agency,
18unless more than one agency is responsible for the arrest in
19which case the amount shall be remitted to each unit of
20government equally.
 
21    Section 2-45. SCHEDULE 9; major traffic offenses. SCHEDULE
229: For a major traffic offense, the Clerk of the Circuit Court
23shall collect $300 and remit as follows:
24    (1) As the county's portion, $198 to the county treasurer,
25who 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,
9who 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
16of the unit of local government of the arresting agency, who
17shall deposit the money into the E-citation Fund of that unit
18of local government or as provided in subsection (c) of Section
191-30 of this Act if the arresting agency is a State agency,
20unless more than one agency is responsible for the arrest in
21which case the amount shall be remitted to each unit of
22government equally.
 
23    Section 2-50. SCHEDULE 10; minor traffic offenses.
24SCHEDULE 10: For a minor traffic offense, the Clerk of the
25Circuit 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,
2who 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
11shall 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
18of the unit of local government of the arresting agency, who
19shall deposit the money into the E-citation Fund of that unit
20of local government or as provided in subsection (c) of Section
211-30 of this Act if the arresting agency is a State agency,
22unless more than one agency is responsible for the arrest in
23which case the amount shall be remitted to each unit of
24government equally.
 
25    Section 2-55. SCHEDULE 11; conservation offenses. SCHEDULE

 

 

10000HB2591ham001- 27 -LRB100 06972 MRW 22771 a

111: For a conservation offense, the Clerk of the Circuit Court
2shall collect $140 and remit as follows:
3    (1) As the county's portion, $123, to the county treasurer,
4who 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,
13who shall deposit the money into the Conservation Police
14Operations Assistance Fund.
15    (3) As the arresting agency's portion, $2, to the treasurer
16of the unit of local government of the arresting agency, who
17shall deposit the money into the E-citation Fund of that unit
18of local government or as provided in subsection (c) of Section
191-30 of this Act if the arresting agency is a State agency,
20unless more than one agency is responsible for the arrest in
21which case the amount shall be remitted to each unit of
22government equally.
 
23    Section 2-60. SCHEDULE 12; dispositions under Supreme
24Court Rule 529. SCHEDULE 12: For a disposition under Supreme
25Court 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,
3who 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
12shall 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,
19unless more than one agency is responsible for the arrest in
20which case the amount shall be remitted to each unit of
21government 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
6violations. SCHEDULE 13: For a petty offense, business offense,
7or non-traffic ordinance violation, the Clerk of the Circuit
8Court shall collect $90 and remit as follows:
9    (1) As the county's portion, $73, to the county treasurer,
10who 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,
19unless more than one agency is responsible for the arrest in
20which case the amount shall be remitted to each unit of
21government 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
8of the Schedule of Assessments 1 through 13 of this Act, the
9court shall also order payment of any of the following
10conditional assessment amounts for each conviction in the case
11to which a conditional assessment is applicable, which shall be
12collected and remitted by the Clerk of the Circuit Court as
13provided 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
15by 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,
18which are held in escrow for refund and for which a refund is
19not approved by September 1, 1988, shall be forwarded to the
20State Treasurer for deposit into the Domestic Violence Shelter
21and Service Fund. The Domestic Violence Shelter and Service
22Fund shall also include assessments fines received by the State
23Treasurer from circuit clerks under the Criminal and Traffic

 

 

10000HB2591ham001- 37 -LRB100 06972 MRW 22771 a

1Assessment Act in accordance with Section 5-9-1.5 of the
2Unified Code of Corrections. Monies deposited in the Fund
3pursuant to this Section and the income tax check-off for the
4Domestic Violence Shelter and Service Fund authorized by
5Section 507F of the Illinois Income Tax Act shall be
6appropriated to the Department of Human Services for the
7purpose of providing services specified by this Act; however,
8the Department may waive the matching funds requirement of this
9Act with respect to such monies. Any such waiver shall be
10uniform throughout the State. This amendatory Act of 1987
11applies to all funds collected pursuant to PA 82-645, held in
12escrow and for which no refund is approved by September 1,
131988, whether those funds are administered by the State, a
14county, 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
17changing Section 10 as follows:
 
18    (20 ILCS 1410/10)
19    Sec. 10. Payments to the George Bailey Memorial Fund. The
20George Bailey Memorial Fund is created as a special fund in the
21State treasury. The George Bailey Memorial Fund shall be funded
22pursuant to subsection (p) of Section 27.6 of the Clerks of
23Courts Act and Section 16-104d of the Illinois Vehicle Code.
24Funds received under Section 16-104d of the Illinois Vehicle

 

 

10000HB2591ham001- 38 -LRB100 06972 MRW 22771 a

1Code shall be repaid in full to the Fire Truck Revolving Loan
2Fund, without the deduction of the 20% administrative fee
3authorized in subsection (b) of Section 5, upon receipt by the
4George Bailey Memorial Fund from the person or his or her
5estate, trust, or heirs of any moneys from a settlement for the
6injury that is the proximate cause of the person's disability
7under this Act or moneys received from Social Security
8disability benefits. Moneys in the George Bailey Memorial Fund
9may 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
12Section 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
16which shall be known as the State Police Merit Board Public
17Safety Fund. The Fund shall be used by the State Police Merit
18Board to provide a cadet program for State Police personnel and
19to meet all costs associated with the functions of the State
20Police Merit Board. Notwithstanding any other law to the
21contrary, the State Police Merit Board Public Safety Fund is
22not subject to sweeps, administrative charge-backs, or any
23other fiscal or budgetary maneuver that would in any way
24transfer any amounts from the State Police Merit Board Public

 

 

10000HB2591ham001- 39 -LRB100 06972 MRW 22771 a

1Safety Fund into any other fund of the State.
2    (b) The Fund may receive State appropriations, gifts,
3grants, and federal funds and shall include earnings from the
4investment of moneys in the Fund.
5    (c) The administration of this Fund shall be the
6responsibility of the State Police Merit Board. The Board shall
7establish terms and conditions for the operation of the Fund.
8The Board shall establish and implement fiscal controls and
9accounting periods for programs operated using the Fund. All
10fees or moneys received by the State Treasurer under the
11Criminal and Traffic Assessment Act subsection (n) of Section
1227.6 of the Clerks of Courts Act shall be deposited into the
13Fund. The moneys deposited in the State Police Merit Board
14Public Safety Fund shall be appropriated to the State Police
15Merit Board for expenses of the Board for the administration
16and 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
19is amended by changing Section 9.1 as follows:
 
20    (20 ILCS 3930/9.1)
21    Sec. 9.1. Criminal Justice Information Projects Fund. The
22Criminal Justice Information Projects Fund is hereby created as
23a special fund in the State Treasury. Grants and other moneys
24obtained by the Authority from governmental entities (other

 

 

10000HB2591ham001- 40 -LRB100 06972 MRW 22771 a

1than the federal government), private sources, and
2not-for-profit organizations for use in investigating criminal
3justice issues or undertaking other criminal justice
4information projects shall be deposited into the Fund. Moneys
5in the Fund may be used by the Authority, subject to
6appropriation, for undertaking such projects and for the
7operating and other expenses of the Authority incidental to
8those projects. The moneys deposited into the Criminal Justice
9Information Projects Fund under Sections 2-15 and 2-35 of the
10Criminal and Traffic Assessment Act shall be appropriated to
11and administered by the Illinois Criminal Justice Information
12Authority for funding of drug task forces and Metropolitan
13Enforcement Groups and for the costs associated with making
14grants 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
17Sections 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
20Director of Public Health shall certify to the State
21Comptroller and the State Treasurer the amount generated by the
22issuance of commemorative birth certificates under subsection
23(14) of Section 25 of the Vital Records Act in excess of the
24costs incurred in issuing the documents. Within 15 days of

 

 

10000HB2591ham001- 41 -LRB100 06972 MRW 22771 a

1receipt of the certification required by this Section, the
2State Comptroller and the State Treasurer shall transfer from
3the General Revenue Fund, one-half of the amount certified as
4being received from the issuance of commemorative birth
5certificates to the Child Abuse Prevention Fund and one-half of
6the amount to the Domestic Violence Shelter and Service Fund.
7    The State Treasurer shall deposit into the Domestic
8Violence Shelter and Service Fund each assessment received
9under the Criminal and Traffic Assessment Act fine received
10from circuit clerks under Section 5-9-1.5 of the Unified Code
11of Corrections.
12    The State Treasurer shall deposit into the Sexual Assault
13Services Fund and the Domestic Violence Shelter and Service
14Fund each of those fines received from circuit clerks under
15Section 5-9-1.7 of the Unified Code of Corrections in
16accordance 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
21known as the State Police Operations Assistance Fund. The Fund
22shall receive revenue under the Criminal and Traffic Assessment
23Act pursuant to Section 27.3a of the Clerks of Courts Act. The
24Fund may also receive revenue from grants, donations,
25appropriations, and any other legal source.

 

 

10000HB2591ham001- 42 -LRB100 06972 MRW 22771 a

1    (b) The Department of State Police may use moneys in the
2Fund to finance any of its lawful purposes or functions.
3    (c) Expenditures may be made from the Fund only as
4appropriated by the General Assembly by law.
5    (d) Investment income that is attributable to the
6investment of moneys in the Fund shall be retained in the Fund
7for the uses specified in this Section.
8    (e) The State Police Operations Assistance Fund shall not
9be subject to administrative chargebacks.
10    (f) Notwithstanding any other provision of State law to the
11contrary, on or after July 1, 2012, and until June 30, 2013, in
12addition to any other transfers that may be provided for by
13law, at the direction of and upon notification from the
14Director of State Police, the State Comptroller shall direct
15and the State Treasurer shall transfer amounts into the State
16Police Operations Assistance Fund from the designated funds not
17exceeding 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;
2397-732, 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

1Fund.
2    (a) There is created in the State treasury a special fund
3known as the Conservation Police Operations Assistance Fund.
4The Fund shall receive revenue under the Criminal and Traffic
5Assessment Act pursuant to Section 27.3a of the Clerks of
6Courts Act. The Fund may also receive revenue from grants,
7donations, appropriations, and any other legal source.
8    (b) The Department of Natural Resources may use moneys in
9the Fund to support any lawful operations of the Illinois
10Conservation Police.
11    (c) Expenditures may be made from the Fund only as
12appropriated by the General Assembly by law.
13    (d) Investment income that is attributable to the
14investment of moneys in the Fund shall be retained in the Fund
15for the uses specified in this Section.
16    (e) The Conservation Police Operations Assistance Fund
17shall 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
22created as a special fund in the State treasury.
23    (b) All moneys collected and payable to the Department of
24State Police from the State Police Streetgang-Related Crime
25Fund under Section 5-9-1.19 of the Unified Code of Corrections

 

 

10000HB2591ham001- 44 -LRB100 06972 MRW 22771 a

1shall be deposited into the State Police Streetgang-Related
2Crime Fund and shall be appropriated to and administered by the
3Department of State Police for operations and initiatives to
4combat and prevent streetgang-related crime.
5    (c) The State Police Streetgang-Related Crime Fund shall
6not 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
10Division Offender Supervision Fund.
11    (a) The Illinois Department of Corrections Parole Division
12Offender Supervision Fund is created as a special fund in the
13State treasury.
14    (b) All moneys collected and payable to the Department of
15Corrections and under Section 5-9-1.20 of the Unified Code of
16Corrections shall be deposited into the Illinois Department of
17Corrections Parole Division Offender Supervision Fund and
18shall be appropriated to and administered by the Department of
19Corrections for operations and initiatives to combat and
20supervise paroled offenders in the community.
21    (c) The Illinois Department of Corrections Parole Division
22Offender Supervision Fund shall not be subject to
23administrative 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
2changing Section 7c as follows:
 
3    (30 ILCS 605/7c)
4    Sec. 7c. Acquisition of State Police vehicles. The State
5Police Vehicle Fund is created as a special fund in the State
6treasury. The Fund shall consist of fees received pursuant to
7Section 16-104c of the Illinois Vehicle Code. All moneys in the
8Fund, subject to appropriation, shall be used by the Department
9of 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
16changing 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
19Treasury to be known as the Traffic and Criminal Conviction
20Surcharge Fund and shall be financed as provided in Section 9.1
21of this Act and Section 5-9-1 of the Unified Code of
22Corrections, unless the fines, costs, or additional amounts
23imposed are subject to disbursement by the circuit clerk under

 

 

10000HB2591ham001- 46 -LRB100 06972 MRW 22771 a

1Section 27.5 of the Clerks of Courts Act. Moneys in this Fund
2shall 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

1Surcharge Fund shall be made each year from moneys appropriated
2for the purposes specified in this Section. No more than 50% of
3any appropriation under this Act shall be spent in any city
4having a population of more than 500,000. The State Comptroller
5and the State Treasurer shall from time to time, at the
6direction of the Governor, transfer from the Traffic and
7Criminal Conviction Surcharge Fund to the General Revenue Fund
8in the State Treasury such amounts as the Governor determines
9are in excess of the amounts required to meet the obligations
10of the Traffic and Criminal Conviction Surcharge Fund.
11(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14;
1298-743, eff. 1-1-15; 99-78, eff. 7-20-15; 99-523, eff.
136-30-16.)
 
14    Section 3-8. The Counties Code is amended by changing
15Sections 3-6023, 4-2002, 4-2002.1, 4-2004, 4-2005, and 4-2006
16as follows:
 
17    (55 ILCS 5/3-6023)  (from Ch. 34, par. 3-6023)
18    Sec. 3-6023. Attendance at courts. Each sheriff shall, in
19person or by deputy, county corrections officer, or court
20security officer, attend upon all courts held in his or her
21county when in session, and obey the lawful orders and
22directions of the court, and shall maintain the security of the
23courthouse. Court services customarily performed by sheriffs
24shall be provided by the sheriff or his or her deputies, county

 

 

10000HB2591ham001- 49 -LRB100 06972 MRW 22771 a

1corrections officers, or court security officers, rather than
2by employees of the court, unless there are no deputies, county
3corrections officers, or court security officers available to
4perform such services. The expenses of the sheriff in carrying
5out his or her duties under this Section, including the
6compensation of deputies, county corrections officers, or
7court security officers assigned to such services, shall be
8paid to the county from fees collected pursuant to court order
9for services of the sheriff and from any court services fees
10collected by the county under the Criminal and Traffic
11Assessment Act pursuant to Section 5-1103, as now or hereafter
12amended.
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
16under 3,000,000 population. This Section applies only to
17counties with fewer than 3,000,000 inhabitants.
18    (a) State's attorneys shall be entitled to the following
19assessments fees, however, the assessment fee requirement of
20this subsection does not apply to county boards:
21    For each conviction in prosecutions on indictments for
22first degree murder, second degree murder, involuntary
23manslaughter, criminal sexual assault, aggravated criminal
24sexual assault, aggravated criminal sexual abuse, kidnapping,
25arson and forgery, $30. All other cases punishable by

 

 

10000HB2591ham001- 50 -LRB100 06972 MRW 22771 a

1imprisonment in the penitentiary, $30.
2    For each conviction in other cases tried before judges of
3the circuit court, $15; except that if the conviction is in a
4case which may be assigned to an associate judge, whether or
5not it is in fact assigned to an associate judge, the fee shall
6be $10.
7    For preliminary examinations for each defendant held to
8bail or recognizance, $10.
9    For each examination of a party bound over to keep the
10peace, $10.
11    For each defendant held to answer in a circuit court on a
12charge 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
15county to which a change of venue is taken to his county to the
16Supreme or Appellate Court when prosecuted or defended by him,
17$50.
18    For each day actually employed in the trial of a case, $25;
19in which case the court before whom the case is tried shall
20make an order specifying the number of days for which a per
21diem shall be allowed.
22    For each day actually employed in the trial of cases of
23felony arising in their respective counties and taken by change
24of venue to another county, $25; and the court before whom the
25case is tried shall make an order specifying the number of days
26for which said per diem shall be allowed; and it is hereby made

 

 

10000HB2591ham001- 51 -LRB100 06972 MRW 22771 a

1the duty of each State's attorney to prepare and try each case
2of felony arising when so taken by change of venue.
3    For assisting in a trial of each case on an indictment for
4felony brought by change of venue to their respective counties,
5the same fees they would be entitled to if such indictment had
6been found for an offense committed in his county, and it shall
7be the duty of the State's attorney of the county to which such
8cause is taken by change of venue to assist in the trial
9thereof.
10    For each case of forfeited recognizance where the
11forfeiture is set aside at the instance of the defense, in
12addition to the ordinary costs, $10 for each defendant.
13    For each proceeding in a circuit court to inquire into the
14alleged mental illness of any person, $10 for each defendant.
15    For each proceeding in a circuit court to inquire into the
16alleged dependency or delinquency of any child, $10.
17    For each day actually employed in the hearing of a case of
18habeas corpus in which the people are interested, $25.
19    For each violation of the Criminal Code of 1961 or the
20Criminal Code of 2012 and the Illinois Vehicle Code in which a
21defendant has entered a plea of guilty or a defendant has
22stipulated to the facts supporting the charge or a finding of
23guilt and the court has entered an order of supervision, $10.
24    State's attorneys shall be entitled to a $2 fee to be paid
25by the defendant on a judgment of guilty or a grant of
26supervision for a violation of any provision of the Illinois

 

 

10000HB2591ham001- 52 -LRB100 06972 MRW 22771 a

1Vehicle Code or any felony, misdemeanor, or petty offense to
2discharge the expenses of the State's Attorney's office for
3establishing and maintaining automated record keeping systems.
4    The fee shall be remitted monthly to the county treasurer,
5to be deposited by him or her into a special fund designated as
6the State's Attorney Records Automation Fund. Expenditures
7from this fund may be made by the State's Attorney for
8hardware, software, research, and development costs and
9personnel related thereto.
10    All the foregoing assessments fees shall be taxed as costs
11to be collected from the defendant, if possible, upon
12conviction. But in cases of inquiry into the mental illness of
13any person alleged to be mentally ill, in cases on a charge of
14paternity and in cases of appeal in the Supreme or Appellate
15Court, where judgment is in favor of the accused, the
16assessments fees allowed the State's attorney therein shall be
17retained out of the fines and forfeitures collected by them in
18other cases.
19    Ten per cent of all moneys except revenue, collected by
20them and paid over to the authorities entitled thereto, which
21per cent together with the assessments fees provided for herein
22that are not collected from the parties tried or examined,
23shall be paid out of any fines and forfeited recognizances
24collected by them, provided however, that in proceedings to
25foreclose the lien of delinquent real estate taxes State's
26attorneys shall receive an assessment a fee, to be credited to

 

 

10000HB2591ham001- 53 -LRB100 06972 MRW 22771 a

1the earnings of their office, of 10% of the total amount
2realized from the sale of real estate sold in such proceedings.
3Such assessments fees shall be paid from the total amount
4realized from the sale of the real estate sold in such
5proceedings.
6    State's attorneys shall have a lien for their assessments
7fees on all judgments for fines or forfeitures procured by them
8and on moneys except revenue received by them until such
9assessments fees and earnings are fully paid.
10    No fees shall be charged on more than 10 counts in any one
11indictment or information on trial and conviction; nor on more
12than 10 counts against any one defendant on pleas of guilty.
13    The Circuit Court may direct that of all monies received,
14by restitution or otherwise, which monies are ordered paid to
15the Department of Healthcare and Family Services (formerly
16Department of Public Aid) or the Department of Human Services
17(acting as successor to the Department of Public Aid under the
18Department of Human Services Act) as a direct result of the
19efforts of the State's attorney and which payments arise from
20Civil or Criminal prosecutions involving the Illinois Public
21Aid Code or the Criminal Code, the following amounts shall be
22paid quarterly by the Department of Healthcare and Family
23Services or the Department of Human Services to the General
24Corporate Fund of the County in which the prosecution or cause
25of 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
7are entitled under this Section, State's Attorneys are entitled
8to $10 of the fine that is imposed under Section 5-9-1.17 of
9the Unified Code of Corrections, as set forth in that Section.
10    (b) (Blank). A municipality shall be entitled to a $25
11prosecution fee for each conviction for a violation of the
12Illinois Vehicle Code prosecuted by the municipal attorney
13pursuant to Section 16-102 of that Code which results in a
14finding of guilt before a circuit or associate judge or in
15which a defendant has stipulated to the facts supporting the
16charge or a finding of guilt and the court has entered an order
17of supervision and shall be entitled to a $25 prosecution fee
18for each conviction for a violation of a municipal vehicle
19ordinance or nontraffic ordinance which results in a finding of
20guilt before a circuit or associate judge or in which a
21defendant has stipulated to the facts supporting the charge or
22a finding of guilt and the court has entered an order of
23supervision. Such fee shall be taxed as costs to be collected
24from the defendant, if possible, upon disposition of the case.
25A municipality shall have a lien for such prosecution fees on
26all judgments or fines procured by the municipal attorney from

 

 

10000HB2591ham001- 55 -LRB100 06972 MRW 22771 a

1prosecutions for violations of the Illinois Vehicle Code and
2municipal vehicle ordinances or nontraffic ordinances.
3    For the purposes of this subsection (b), "municipal vehicle
4ordinance" means any ordinance enacted pursuant to Sections
511-40-1, 11-40-2, 11-40-2a and 11-40-3 of the Illinois
6Municipal Code or any ordinance enacted by a municipality which
7is similar to a provision of Chapter 11 of the Illinois Vehicle
8Code.
9(Source: P.A. 96-707, eff. 1-1-10; 96-1186, eff. 7-22-10;
1097-331, eff. 8-12-11; 97-673, eff. 6-1-12; 97-1150, eff.
111-25-13.)
 
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
14counties of 3,000,000 or more population. This Section applies
15only to counties with 3,000,000 or more inhabitants.
16    (a) State's attorneys shall be entitled to the following
17assessments fees:
18    For each conviction in prosecutions on indictments for
19first degree murder, second degree murder, involuntary
20manslaughter, criminal sexual assault, aggravated criminal
21sexual assault, aggravated criminal sexual abuse, kidnapping,
22arson and forgery, $60. All other cases punishable by
23imprisonment in the penitentiary, $60.
24    For each conviction in other cases tried before judges of
25the circuit court, $30; except that if the conviction is in a

 

 

10000HB2591ham001- 56 -LRB100 06972 MRW 22771 a

1case which may be assigned to an associate judge, whether or
2not it is in fact assigned to an associate judge, the fee shall
3be $20.
4    For preliminary examinations for each defendant held to
5bail or recognizance, $20.
6    For each examination of a party bound over to keep the
7peace, $20.
8    For each defendant held to answer in a circuit court on a
9charge 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
12county to which a change of venue is taken to his county to the
13Supreme or Appellate Court when prosecuted or defended by him,
14$100.
15    For each day actually employed in the trial of a case, $50;
16in which case the court before whom the case is tried shall
17make an order specifying the number of days for which a per
18diem shall be allowed.
19    For each day actually employed in the trial of cases of
20felony arising in their respective counties and taken by change
21of venue to another county, $50; and the court before whom the
22case is tried shall make an order specifying the number of days
23for which said per diem shall be allowed; and it is hereby made
24the duty of each State's attorney to prepare and try each case
25of 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

1felony brought by change of venue to their respective counties,
2the same fees they would be entitled to if such indictment had
3been found for an offense committed in his county, and it shall
4be the duty of the State's attorney of the county to which such
5cause is taken by change of venue to assist in the trial
6thereof.
7    For each case of forfeited recognizance where the
8forfeiture is set aside at the instance of the defense, in
9addition to the ordinary costs, $20 for each defendant.
10    For each proceeding in a circuit court to inquire into the
11alleged mental illness of any person, $20 for each defendant.
12    For each proceeding in a circuit court to inquire into the
13alleged dependency or delinquency of any child, $20.
14    For each day actually employed in the hearing of a case of
15habeas corpus in which the people are interested, $50.
16    All the foregoing assessments fees shall be taxed as costs
17to be collected from the defendant, if possible, upon
18conviction. But in cases of inquiry into the mental illness of
19any person alleged to be mentally ill, in cases on a charge of
20paternity and in cases of appeal in the Supreme or Appellate
21Court, where judgment is in favor of the accused, the
22assessments fees allowed the State's attorney therein shall be
23retained out of the fines and forfeitures collected by them in
24other cases.
25    Ten per cent of all moneys except revenue, collected by
26them and paid over to the authorities entitled thereto, which

 

 

10000HB2591ham001- 58 -LRB100 06972 MRW 22771 a

1per cent together with the assessments fees provided for herein
2that are not collected from the parties tried or examined,
3shall be paid out of any fines and forfeited recognizances
4collected by them, provided however, that in proceedings to
5foreclose the lien of delinquent real estate taxes State's
6attorneys shall receive an assessment a fee, to be credited to
7the earnings of their office, of 10% of the total amount
8realized from the sale of real estate sold in such proceedings.
9Such assessments fees shall be paid from the total amount
10realized from the sale of the real estate sold in such
11proceedings.
12    State's attorneys shall have a lien for their assessments
13fees on all judgments for fines or forfeitures procured by them
14and on moneys except revenue received by them until such
15assessments fees and earnings are fully paid.
16    No fees shall be charged on more than 10 counts in any one
17indictment or information on trial and conviction; nor on more
18than 10 counts against any one defendant on pleas of guilty.
19    The Circuit Court may direct that of all monies received,
20by restitution or otherwise, which monies are ordered paid to
21the Department of Healthcare and Family Services (formerly
22Department of Public Aid) or the Department of Human Services
23(acting as successor to the Department of Public Aid under the
24Department of Human Services Act) as a direct result of the
25efforts of the State's attorney and which payments arise from
26Civil or Criminal prosecutions involving the Illinois Public

 

 

10000HB2591ham001- 59 -LRB100 06972 MRW 22771 a

1Aid Code or the Criminal Code, the following amounts shall be
2paid quarterly by the Department of Healthcare and Family
3Services or the Department of Human Services to the General
4Corporate Fund of the County in which the prosecution or cause
5of 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
13are entitled under this Section, State's Attorneys are entitled
14to $10 of the fine that is imposed under Section 5-9-1.17 of
15the Unified Code of Corrections, as set forth in that Section.
16    (b) (Blank). A municipality shall be entitled to a $25
17prosecution fee for each conviction for a violation of the
18Illinois Vehicle Code prosecuted by the municipal attorney
19pursuant to Section 16-102 of that Code which is tried before a
20circuit or associate judge and shall be entitled to a $25
21prosecution fee for each conviction for a violation of a
22municipal vehicle ordinance prosecuted by the municipal
23attorney which is tried before a circuit or associate judge.
24Such fee shall be taxed as costs to be collected from the
25defendant, if possible, upon conviction. A municipality shall
26have a lien for such prosecution fees on all judgments or fines

 

 

10000HB2591ham001- 60 -LRB100 06972 MRW 22771 a

1procured by the municipal attorney from prosecutions for
2violations of the Illinois Vehicle Code and municipal vehicle
3ordinances.
4    (c) (Blank). State's attorneys shall be entitled to a $2
5fee to be paid by the defendant on a judgment of guilty or a
6grant of supervision for a violation of any provision of the
7Illinois Vehicle Code or any felony, misdemeanor, or petty
8offense to discharge the expenses of the State's Attorney's
9office for establishing and maintaining automated record
10keeping systems. The fee shall be remitted monthly to the
11county treasurer, to be deposited by him or her into a special
12fund designated as the State's Attorney Records Automation
13Fund. Expenditures from this fund may be made by the State's
14Attorney for hardware, software, research, and development
15costs and personnel related thereto.
16    For the purposes of this subsection (b), "municipal vehicle
17ordinance" means any ordinance enacted pursuant to Sections
1811-40-1, 11-40-2, 11-40-2a, and 11-40-3 of the Illinois
19Municipal Code or any ordinance enacted by a municipality which
20is similar to a provision of Chapter 11 of the Illinois Vehicle
21Code.
22(Source: P.A. 96-707, eff. 1-1-10; 96-1186, eff. 7-22-10;
2397-673, 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

1forfeitures. It shall be the duty of State's attorneys to
2attend to the collection of all fines and forfeitures in
3criminal cases, and they shall, without delay, pay over all
4fines and forfeitures collected by them to the county treasurer
5to be deposited into the general corporate fund of the county,
6except as otherwise specifically provided by law and except for
7such portion as is required by Section 9.1 of "The Illinois
8Police Training Act" and Section 5-9-1 of the "Unified Code of
9Corrections" to be paid into The Traffic and Criminal
10Conviction Surcharge Fund in the State Treasury, unless the
11fines and forfeitures are subject to disbursement by the
12circuit 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
16salaries of the State's attorneys, excepting that part which is
17to be paid out of the State treasury as now provided for by
18law, and the salaries of all Assistant State's attorneys shall
19be paid out of the general corporate fund of the county
20treasury of the county in which the State's attorney resides,
21on the order of the county board by the treasurer of the
22county: The fees which are now, or may hereafter, be provided
23by law to be paid by the defendant or defendants, as State's
24attorney's fees, shall be taxed as costs and all fees, fines,
25forfeitures and penalties shall be collected by the State's

 

 

10000HB2591ham001- 62 -LRB100 06972 MRW 22771 a

1attorney, except as otherwise specifically provided by law for
2those amounts required by Section 9.1 of the "Illinois Police
3Training Act" and Section 5-9-1 of the "Unified Code of
4Corrections" to be paid into The Traffic and Criminal
5Conviction Surcharge Fund and those amounts subject to
6disbursement by the circuit clerk under Section 27.5 of the
7Clerks of Courts Act, and shall be paid by him directly into
8the county treasury to be deposited into the general corporate
9fund of the county. The county treasurer shall receipt
10therefor.
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
15report to the circuit court at such times as the court shall
16determine by rule, the payment and collection of all fees,
17fines, forfeitures and penalties and to satisfy the court by
18voucher or otherwise, that all fees, fines, forfeitures and
19penalties by them collected, except as otherwise specifically
20provided by law for those amounts required by Section 9.1 of
21the Illinois Police Training Act and Section 5-9-1 of the
22Unified Code of Corrections to be paid into the Traffic and
23Criminal Conviction Surcharge Fund, have been duly paid over to
24the county treasurer, as required by Section 4-2005, and the
25State's attorney shall have no further interest in conviction

 

 

10000HB2591ham001- 63 -LRB100 06972 MRW 22771 a

1fees, fines, forfeitures and penalties or moneys collected by
2virtue of such office. The court shall note the filing of the
3report and fix a day certain not less than 30 days thereafter,
4when objections in writing may be filed to such report by any
5one or more taxpayers of the county, and when objections are
6filed to such report a hearing may be had upon such report and
7objections at such time and in such manner as the court may
8direct and after such hearing the court may approve or
9disapprove of such report as justice may require, and make all
10proper orders in reference thereto, and if no objections have
11been filed, the court shall inspect such report and require the
12State's attorney to produce evidence in proof of his having
13paid over as required by law all fines and forfeitures
14collected by him; and if it appears to the court that any
15State's attorney has failed or refused to turn over the fines
16and forfeitures collected by him as required by law the court
17shall at once suspend him and appoint a State's attorney pro
18tempore to perform the duties of the office until such State's
19attorney shall have complied with the provisions of this
20Division or the orders of the court in regard thereto. The
21court, for the purpose of carrying out the provisions of this
22Section shall have the power to examine books and papers and to
23issue subpoenas to compel the appearance of persons and the
24production of books and records: Provided, however, no order
25entered under this Section shall be a bar to any proper
26proceedings against such State's attorney and his bondsman to

 

 

10000HB2591ham001- 64 -LRB100 06972 MRW 22771 a

1require him to account for moneys collected and not paid over
2by him as required by law.
3    (b) Waiver of report of fees. The filing of the report of
4fees as provided by subsection (a) of this Section may be
5waived by written administrative order of the chief judge of
6the circuit upon written request and affidavit of the State's
7attorney of a county within the circuit that all fines, fees,
8forfeitures, and restitution are collected by the clerk of the
9circuit court and that none of those funds pass through the
10office of the State's attorney.
11(Source: P.A. 86-962; 87-1201.)
 
12    Section 3-10. The Illinois Vehicle Code is amended by
13changing Sections 2-120, 6-118, 11-501.01, 11-605, 11-605.1,
1411-605.3, 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
18and subsection (c) of Section 11-1002.5 of this Code, fines and
19penalties recovered under the provisions of this Act
20administered by the Secretary of State, except those fines,
21assessments, and penalties subject to disbursement by the
22circuit clerk under the Criminal and Traffic Assessment Act
23Section 27.5 of the Clerks of Courts Act, shall be paid over
24and 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
17or other officer or employee receiving or having custody of any
18such fine or forfeiture either before or after a deposit with
19the proper official as defined in paragraph (a) of this
20Section, shall constitute misconduct in office and shall be
21grounds 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

1as 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

 

 

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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
20SPECIAL 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

1Commercial Driver License Act, Article V of this Chapter, the
2Secretary of State is empowered to pro-rate the $24 fee for the
3commercial driver's license proportionate to the expiration
4date of the applicant's Illinois driver's license.
5    The fee for any duplicate license or permit shall be waived
6for any person who presents the Secretary of State's office
7with a police report showing that his license or permit was
8stolen.
9    The fee for any duplicate license or permit shall be waived
10for any person age 60 or older whose driver's license or permit
11has been lost or stolen.
12    No additional fee shall be charged for a driver's license,
13or for a commercial driver's license, when issued to the holder
14of an instruction permit for the same classification or type of
15license who becomes eligible for such license.
16    (b) Any person whose license or privilege to operate a
17motor vehicle in this State has been suspended or revoked under
18Section 3-707, any provision of Chapter 6, Chapter 11, or
19Section 7-205, 7-303, or 7-702 of the Family Financial
20Responsibility Law of this Code, shall in addition to any other
21fees 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
4motor vehicle in this State has been suspended or revoked for a
5second or subsequent time for a violation of Section 11-501,
611-501.1, or 11-501.9 of this Code or a similar provision of a
7local ordinance or a similar out-of-state offense or Section
89-3 of the Criminal Code of 1961 or the Criminal Code of 2012
9and each suspension or revocation was for a violation of
10Section 11-501, 11-501.1, or 11-501.9 of this Code or a similar
11provision of a local ordinance or a similar out-of-state
12offense or Section 9-3 of the Criminal Code of 1961 or the
13Criminal Code of 2012 shall pay, in addition to any other fees
14required 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
20the highest amount due for any one sanction in satisfaction of
21all fees due for multiple sanctions for violation of Sections
2211-501, 11-501.1, or 11-501.9 of this Code or a similar
23provision of a local ordinance or a similar out-of-state
24offense or Section 9-3 of the Criminal Code of 1961 or the
25Criminal Code of 2012.
26    (c) All fees collected under the provisions of this Chapter

 

 

10000HB2591ham001- 71 -LRB100 06972 MRW 22771 a

16 shall be disbursed under subsection (g) of Section 2-119 of
2this 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
12this amendatory Act of the 96th General Assembly shall be
13deposited into the Capital Projects Fund.
14    (e) The additional fees imposed by this amendatory Act of
15the 96th General Assembly shall become effective 90 days after
16becoming law.
17    (f) As used in this Section, "active-duty member of the
18United States Armed Forces" means a member of the Armed
19Services or Reserve Forces of the United States or a member of
20the Illinois National Guard who is called to active duty
21pursuant to an executive order of the President of the United
22States, an act of the Congress of the United States, or an
23order of the Governor.
24(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section
2510 of P.A. 99-414 for the effective date of changes made by
26P.A. 98-176); 98-177, eff. 1-1-14; 98-756, eff. 7-16-14;

 

 

10000HB2591ham001- 74 -LRB100 06972 MRW 22771 a

198-1172, eff. 1-12-15; 99-127, eff. 1-1-16; 99-438, eff.
21-1-16; 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
6sentencing or an order for supervision, for an offense based
7upon an arrest for a violation of Section 11-501 or a similar
8provision of a local ordinance, individuals shall be required
9to undergo a professional evaluation to determine if an
10alcohol, drug, or intoxicating compound abuse problem exists
11and the extent of the problem, and undergo the imposition of
12treatment as appropriate. Programs conducting these
13evaluations shall be licensed by the Department of Human
14Services. The cost of any professional evaluation shall be paid
15for by the individual required to undergo the professional
16evaluation.
17    (b) Any person who is found guilty of or pleads guilty to
18violating Section 11-501, including any person receiving a
19disposition of court supervision for violating that Section,
20may be required by the Court to attend a victim impact panel
21offered by, or under contract with, a county State's Attorney's
22office, a probation and court services department, Mothers
23Against Drunk Driving, or the Alliance Against Intoxicated
24Motorists. All costs generated by the victim impact panel shall
25be paid from fees collected from the offender or as may be

 

 

10000HB2591ham001- 75 -LRB100 06972 MRW 22771 a

1determined by the court.
2    (c) (Blank). Every person found guilty of violating Section
311-501, whose operation of a motor vehicle while in violation
4of that Section proximately caused any incident resulting in an
5appropriate emergency response, shall be liable for the expense
6of an emergency response as provided in subsection (i) of this
7Section.
8    (d) The Secretary of State shall revoke the driving
9privileges of any person convicted under Section 11-501 or a
10similar provision of a local ordinance.
11    (e) The Secretary of State shall require the use of
12ignition interlock devices for a period not less than 5 years
13on all vehicles owned by a person who has been convicted of a
14second or subsequent offense of Section 11-501 or a similar
15provision of a local ordinance. The person must pay to the
16Secretary of State DUI Administration Fund an amount not to
17exceed $30 for each month that he or she uses the device. The
18Secretary shall establish by rule and regulation the procedures
19for certification and use of the interlock system, the amount
20of the fee, and the procedures, terms, and conditions relating
21to these fees. During the time period in which a person is
22required to install an ignition interlock device under this
23subsection (e), that person shall only operate vehicles in
24which ignition interlock devices have been installed, except as
25allowed by subdivision (c)(5) or (d)(5) of Section 6-205 of
26this Code.

 

 

10000HB2591ham001- 76 -LRB100 06972 MRW 22771 a

1    (f) (Blank). In addition to any other penalties and
2liabilities, a person who is found guilty of or pleads guilty
3to violating Section 11-501, including any person placed on
4court supervision for violating Section 11-501, shall be
5assessed $750, payable to the circuit clerk, who shall
6distribute the money as follows: $350 to the law enforcement
7agency that made the arrest, and $400 shall be forwarded to the
8State Treasurer for deposit into the General Revenue Fund. If
9the person has been previously convicted of violating Section
1011-501 or a similar provision of a local ordinance, the fine
11shall be $1,000, and the circuit clerk shall distribute $200 to
12the law enforcement agency that made the arrest and $800 to the
13State Treasurer for deposit into the General Revenue Fund. In
14the event that more than one agency is responsible for the
15arrest, the amount payable to law enforcement agencies shall be
16shared equally. Any moneys received by a law enforcement agency
17under this subsection (f) shall be used for enforcement and
18prevention of driving while under the influence of alcohol,
19other drug or drugs, intoxicating compound or compounds or any
20combination thereof, as defined by Section 11-501 of this Code,
21including but not limited to the purchase of law enforcement
22equipment and commodities that will assist in the prevention of
23alcohol related criminal violence throughout the State; police
24officer training and education in areas related to alcohol
25related crime, including but not limited to DUI training; and
26police officer salaries, including but not limited to salaries

 

 

10000HB2591ham001- 77 -LRB100 06972 MRW 22771 a

1for hire back funding for safety checkpoints, saturation
2patrols, and liquor store sting operations. Any moneys received
3by the Department of State Police under this subsection (f)
4shall be deposited into the State Police DUI Fund and shall be
5used to purchase law enforcement equipment that will assist in
6the prevention of alcohol related criminal violence throughout
7the State.
8    (g) (Blank). The Secretary of State Police DUI Fund is
9created as a special fund in the State treasury. All moneys
10received by the Secretary of State Police under subsection (f)
11of this Section shall be deposited into the Secretary of State
12Police DUI Fund and, subject to appropriation, shall be used
13for enforcement and prevention of driving while under the
14influence of alcohol, other drug or drugs, intoxicating
15compound or compounds or any combination thereof, as defined by
16Section 11-501 of this Code, including but not limited to the
17purchase of law enforcement equipment and commodities to assist
18in the prevention of alcohol related criminal violence
19throughout the State; police officer training and education in
20areas related to alcohol related crime, including but not
21limited to DUI training; and police officer salaries, including
22but not limited to salaries for hire back funding for safety
23checkpoints, saturation patrols, and liquor store sting
24operations.
25    (h) Whenever an individual is sentenced for an offense
26based upon an arrest for a violation of Section 11-501 or a

 

 

10000HB2591ham001- 78 -LRB100 06972 MRW 22771 a

1similar provision of a local ordinance, and the professional
2evaluation recommends remedial or rehabilitative treatment or
3education, neither the treatment nor the education shall be the
4sole disposition and either or both may be imposed only in
5conjunction with another disposition. The court shall monitor
6compliance with any remedial education or treatment
7recommendations contained in the professional evaluation.
8Programs conducting alcohol or other drug evaluation or
9remedial education must be licensed by the Department of Human
10Services. If the individual is not a resident of Illinois,
11however, the court may accept an alcohol or other drug
12evaluation or remedial education program in the individual's
13state of residence. Programs providing treatment must be
14licensed under existing applicable alcoholism and drug
15treatment licensure standards.
16    (i) (Blank). In addition to any other fine or penalty
17required by law, an individual convicted of a violation of
18Section 11-501, Section 5-7 of the Snowmobile Registration and
19Safety Act, Section 5-16 of the Boat Registration and Safety
20Act, or a similar provision, whose operation of a motor
21vehicle, snowmobile, or watercraft while in violation of
22Section 11-501, Section 5-7 of the Snowmobile Registration and
23Safety Act, Section 5-16 of the Boat Registration and Safety
24Act, or a similar provision proximately caused an incident
25resulting in an appropriate emergency response, shall be
26required to make restitution to a public agency for the costs

 

 

10000HB2591ham001- 79 -LRB100 06972 MRW 22771 a

1of that emergency response. The restitution may not exceed
2$1,000 per public agency for each emergency response. As used
3in this subsection (i), "emergency response" means any incident
4requiring a response by a police officer, a firefighter carried
5on the rolls of a regularly constituted fire department, or an
6ambulance. With respect to funds designated for the Department
7of State Police, the moneys shall be remitted by the circuit
8court clerk to the State Police within one month after receipt
9for deposit into the State Police DUI Fund. With respect to
10funds designated for the Department of Natural Resources, the
11Department of Natural Resources shall deposit the moneys into
12the Conservation Police Operations Assistance Fund.
13    (j) A person that is subject to a chemical test or tests of
14blood 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
16person consents to testing, shall be liable for the expense up
17to $500 for blood withdrawal by a physician authorized to
18practice medicine, a licensed physician assistant, a licensed
19advanced practice nurse, a registered nurse, a trained
20phlebotomist, a licensed paramedic, or a qualified person other
21than a police officer approved by the Department of State
22Police to withdraw blood, who responds, whether at a law
23enforcement facility or a health care facility, to a police
24department request for the drawing of blood based upon refusal
25of the person to submit to a lawfully requested breath test or
26probable cause exists to believe the test would disclose the

 

 

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1ingestion, consumption, or use of drugs or intoxicating
2compounds 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;
1398-973, eff. 8-15-14; 99-289, eff. 8-6-15; 99-296, eff. 1-1-16;
1499-642, 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
18following 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
24close thereto that a potential hazard exists because of the
25close proximity of the motorized traffic, no person shall drive

 

 

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1a motor vehicle at a speed in excess of 20 miles per hour while
2passing a school zone or while traveling on a roadway on public
3school property or upon any public thoroughfare where children
4pass going to and from school.
5    For the purpose of this Section a school day shall begin at
6seven ante meridian and shall conclude at four post meridian.
7    This Section shall not be applicable unless appropriate
8signs are posted upon streets and highways under their
9respective jurisdiction and maintained by the Department,
10township, county, park district, city, village or incorporated
11town wherein the school zone is located. With regard to the
12special speed limit while passing schools, such signs shall
13give proper due warning that a school zone is being approached
14and shall indicate the school zone and the maximum speed limit
15in effect during school days when school children are present.
16    (b) (Blank).
17    (c) Nothing in this Chapter shall prohibit the use of
18electronic speed-detecting devices within 500 feet of signs
19within a special school speed zone indicating such zone, as
20defined in this Section, nor shall evidence obtained thereby be
21inadmissible in any prosecution for speeding provided the use
22of such device shall apply only to the enforcement of the speed
23limit in such special school speed zone.
24    (d) (Blank).
25    (e) Except as provided in subsection (e-5), a person who
26violates this Section is guilty of a petty offense. Violations

 

 

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1of this Section are punishable with a minimum fine of $150 for
2the first violation and a minimum fine of $300 for the second
3or subsequent violation.
4    (e-5) A person committing a violation of this Section is
5guilty of aggravated special speed limit while passing schools
6when 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)
16is $150 or greater, the person who violates subsection (a)
17shall be charged an additional $50 to be paid to the unit
18school district where the violation occurred for school safety
19purposes. If the violation occurred in a dual school district,
20$25 of the surcharge shall be paid to the elementary school
21district for school safety purposes and $25 of the surcharge
22shall be paid to the high school district for school safety
23purposes. Notwithstanding any other provision of law, the
24entire $50 surcharge shall be paid to the appropriate school
25district or districts.
26    For purposes of this subsection (f), "school safety

 

 

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1purposes" includes the costs associated with school zone safety
2education, the Safe Routes to School Program under Section
32705-317 of the Department of Transportation Law of the Civil
4Administrative Code of Illinois, safety programs within the
5School Safety and Educational Improvement Block Grant Program
6under Section 2-3.51.5 of the School Code, and the purchase,
7installation, and maintenance of caution lights which are
8mounted 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
14highway construction or maintenance speed zone.
15    (a) A person may not operate a motor vehicle in a
16construction or maintenance speed zone at a speed in excess of
17the posted speed limit when workers are present.
18    (a-5) A person may not operate a motor vehicle in a
19construction or maintenance speed zone at a speed in excess of
20the posted speed limit when workers are not present.
21    (b) Nothing in this Chapter prohibits the use of electronic
22speed-detecting devices within 500 feet of signs within a
23construction or maintenance speed zone indicating the zone, as
24defined in this Section, nor shall evidence obtained by use of
25those devices be inadmissible in any prosecution for speeding,

 

 

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1provided the use of the device shall apply only to the
2enforcement of the speed limit in the construction or
3maintenance speed zone.
4    (c) As used in this Section, a "construction or maintenance
5speed zone" is an area in which the Department, Toll Highway
6Authority, or local agency has posted signage advising drivers
7that a construction or maintenance speed zone is being
8approached, or in which the Department, Authority, or local
9agency has posted a lower speed limit with a highway
10construction or maintenance speed zone special speed limit sign
11after determining that the preexisting established speed limit
12through a highway construction or maintenance project is
13greater than is reasonable or safe with respect to the
14conditions expected to exist in the construction or maintenance
15speed zone.
16    If it is determined that the preexisting established speed
17limit is safe with respect to the conditions expected to exist
18in the construction or maintenance speed zone, additional speed
19limit signs which conform to the requirements of this
20subsection (c) shall be posted.
21    Highway construction or maintenance speed zone special
22speed limit signs shall be of a design approved by the
23Department. The signs must give proper due warning that a
24construction or maintenance speed zone is being approached and
25must indicate the maximum speed limit in effect. The signs also
26must state the amount of the minimum fine for a violation.

 

 

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1    (d) Except as provided under subsection (d-5), a person who
2violates this Section is guilty of a petty offense. Violations
3of this Section are punishable with a minimum fine of $250 for
4the first violation and a minimum fine of $750 for the second
5or subsequent violation.
6    (d-5) A person committing a violation of this Section is
7guilty of aggravated special speed limit while traveling
8through a highway construction or maintenance speed zone when
9he 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
20charged an additional $125, which shall be deposited into the
21Transportation Safety Highway Hire-back Fund in the State
22treasury, unless (i) the violation occurred on a highway other
23than an interstate highway and (ii) a county police officer
24wrote the ticket for the violation, in which case the $125
25shall be deposited into that county's Transportation Safety
26Highway Hire-back Fund. In the case of a second or subsequent

 

 

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1violation of this Section, if the fine is $750 or greater, the
2person who violated this Section shall be charged an additional
3$250, which shall be deposited into the Transportation Safety
4Highway Hire-back Fund in the State treasury, unless (i) the
5violation occurred on a highway other than an interstate
6highway and (ii) a county police officer wrote the ticket for
7the violation, in which case the $250 shall be deposited into
8that county's Transportation Safety Highway Hire-back Fund.
9    (e-5) The Department of State Police and the local county
10police department have concurrent jurisdiction over any
11violation of this Section that occurs on an interstate highway.
12    (f) The Transportation Safety Highway Hire-back Fund,
13which was created by Public Act 92-619, shall continue to be a
14special fund in the State treasury. Subject to appropriation by
15the General Assembly and approval by the Secretary, the
16Secretary of Transportation shall use all moneys in the
17Transportation Safety Highway Hire-back Fund to hire off-duty
18Department of State Police officers to monitor construction or
19maintenance zones.
20    (f-5) Each county shall create a Transportation Safety
21Highway Hire-back Fund. The county shall use the moneys in its
22Transportation Safety Highway Hire-back Fund to hire off-duty
23county police officers to monitor construction or maintenance
24zones in that county on highways other than interstate
25highways. The county, in its discretion, may also use a portion
26of the moneys in its Transportation Safety Highway Hire-back

 

 

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1Fund to purchase equipment for county law enforcement and fund
2the production of materials to educate drivers on construction
3zone safe driving habits.
4    (g) For a second or subsequent violation of this Section
5within 2 years of the date of the previous violation, the
6Secretary of State shall suspend the driver's license of the
7violator for a period of 90 days. This suspension shall only be
8imposed if the current violation of this Section and at least
9one prior violation of this Section occurred during a period
10when workers were present in the construction or maintenance
11zone.
12(Source: P.A. 98-337, eff. 1-1-14; 99-212, eff. 1-1-16; 99-280,
13eff. 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
16parks 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

 

 

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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
26of motorized traffic, a person may not drive a motor vehicle at

 

 

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1a speed in excess of 20 miles per hour or any lower posted
2speed while traveling on a park zone street that has been
3designated for the posted reduced speed.
4    (c) On any day when children are present and within 50 feet
5of motorized traffic, any driver traveling on a park zone
6street who fails to come to a complete stop at a stop sign or
7red light, including a driver who fails to come to a complete
8stop at a red light before turning right onto a park zone
9street, is in violation of this Section.
10    (d) This Section does not apply unless appropriate signs
11are posted upon park zone streets maintained by the Department
12or by the unit of local government in which the park zone is
13located. With regard to the special speed limit on park zone
14streets, the signs must give proper due warning that a park
15zone is being approached and must indicate the maximum speed
16limit on the park zone street.
17    (e) A first violation of this Section is a petty offense
18with a minimum fine of $250. A second or subsequent violation
19of 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
21imposed, the person who violates this Section shall be charged
22an additional $50, to be paid to the park district for safety
23purposes.
24    (g) The Department shall, within 6 months of the effective
25date of this amendatory Act of the 94th General Assembly,
26design a set of standardized traffic signs for park zones and

 

 

10000HB2591ham001- 90 -LRB100 06972 MRW 22771 a

1park zone streets, including but not limited to: "park zone",
2"park zone speed limit", and "warning: approaching a park
3zone". The design of these signs shall be made available to all
4units of local government or manufacturers at no charge, except
5for 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;
9school zones.
10    (a) For the purpose of this Section, "school" has the
11meaning ascribed to that term in Section 11-605.
12    On a school day when school children are present and so
13close thereto that a potential hazard exists because of the
14close proximity of the motorized traffic and when traffic
15control signals are not in place or not in operation, the
16driver of a vehicle shall stop and yield the right-of-way to a
17pedestrian crossing the roadway within a crosswalk when the
18pedestrian is upon the half of the roadway upon which the
19vehicle is traveling, or when the pedestrian is approaching so
20closely from the opposite half of the roadway as to be in
21danger.
22    For the purpose of this Section, a school day shall begin
23at seven ante meridian and shall conclude at four post
24meridian.
25    This Section shall not be applicable unless appropriate

 

 

10000HB2591ham001- 91 -LRB100 06972 MRW 22771 a

1signs are posted in accordance with Section 11-605.
2    (b) A first violation of this Section is a petty offense
3with a minimum fine of $150. A second or subsequent violation
4of this Section is a petty offense with a minimum fine of $300.
5    (c) (Blank). When a fine for a violation of subsection (a)
6is $150 or greater, the person who violates subsection (a)
7shall be charged an additional $50 to be paid to the unit
8school district where the violation occurred for school safety
9purposes. If the violation occurred in a dual school district,
10$25 of the surcharge shall be paid to the elementary school
11district for school safety purposes and $25 of the surcharge
12shall be paid to the high school district for school safety
13purposes. Notwithstanding any other provision of law, the
14entire $50 surcharge shall be paid to the appropriate school
15district or districts.
16    For purposes of this subsection (c), "school safety
17purposes" has the meaning ascribed to that term in Section
1811-605.
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
2316-104a of this Act and except for those amounts required to be
24paid into the Traffic and Criminal Conviction Surcharge Fund in
25the State Treasury pursuant to Section 9.1 of the Illinois

 

 

10000HB2591ham001- 92 -LRB100 06972 MRW 22771 a

1Police Training Act and Section 5-9-1 of the Unified Code of
2Corrections and except those amounts subject to disbursement by
3the circuit clerk under the Criminal and Traffic Assessment Act
4Section 27.5 of the Clerks of Courts Act, fines and penalties
5recovered under the provisions of Chapters 11 through 16
6inclusive 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

 

 

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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

 

 

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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
10or other officer or employee receiving or having custody of any
11such fine or forfeiture either before or after a deposit with
12the proper official as defined in paragraph (a) of this
13Section, shall constitute misconduct in office and shall be
14grounds 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
17changing 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
21in the State treasury. The Fund shall consist of fees collected
22under Section 27.3g of the Clerks of Courts Act. Moneys in the
23Access to Justice Fund shall be appropriated to the Attorney
24General for disbursements to the Foundation. The Foundation

 

 

10000HB2591ham001- 96 -LRB100 06972 MRW 22771 a

1shall use the moneys to make grants and distributions for the
2administration of the pilot programs created under this Act.
3Grants or distributions made under this Act to the Foundation
4are subject to the requirements of the Illinois Grant Funds
5Recovery Act.
6    (b) In accordance with the requirements of the Illinois
7Equal Justice Act, the Foundation may make grants, enter into
8contracts, and take other actions recommended by the Council to
9effectuate the pilot programs and comply with the other
10requirements of this Act.
11    (c) The governing board of the Foundation must prepare and
12submit an annual report to the Governor, the President of the
13Senate, the Minority Leader of the Senate, the Speaker of the
14House of Representatives, the Minority Leader of the House of
15Representatives, and the Justices of the Illinois Supreme
16Court. The report must include: (i) a statement of the total
17receipts and a breakdown by source during each of the previous
182 calendar years; (ii) a list of the names and addresses of the
19recipients that are currently receiving grants or
20distributions and that received grants or distributions in the
21previous year and the amounts committed to recipients for the
22current year and paid in the previous year; (iii) a breakdown
23of the amounts of grants or distributions paid during the
24previous year to recipients and the amounts committed to each
25recipient for the current year; (iv) a breakdown of the
26Foundation's costs in administering the Fund; (v) a statement

 

 

10000HB2591ham001- 97 -LRB100 06972 MRW 22771 a

1of the Fund balance at the start and at the close of the
2previous year and the interest earned during the previous year;
3and (vi) any notices the Foundation issued denying applications
4for grants or distributions under this Act. The report, in its
5entirety, is a public record, and the Foundation and the
6Governor shall make the report available for inspection upon
7request.
8    (d) The Foundation may annually retain a portion of the
9disbursements it receives under this Section to reimburse the
10Foundation for the actual cost of administering the Council and
11for making the grants and distributions pursuant to this Act
12during that year.
13    (e) No moneys distributed by the Foundation from the Access
14to Justice Fund may be directly or indirectly used for lobbying
15activities, as defined in Section 2 of the Lobbyist
16Registration Act or as defined in any ordinance or resolution
17of a municipality, county, or other unit of local government in
18Illinois.
19    (f) The Foundation may make, enter into, and execute
20contracts, agreements, leases, and other instruments with any
21person, including without limitation any federal, State, or
22local governmental agency, and may take other actions that may
23be necessary or convenient to accomplish any purpose authorized
24by this Act.
25    (g) The Foundation has the authority to receive and accept
26any and all grants, loans, subsidies, matching funds,

 

 

10000HB2591ham001- 98 -LRB100 06972 MRW 22771 a

1reimbursements, federal grant moneys, fees for services, and
2other things of value from the federal or State government or
3any agency of any other state or from any institution, person,
4firm, or corporation, public or private, to be used to carry
5out 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
8changing Sections 27.2b and 27.3 and by adding Section 27.1b as
9follows:
 
10    (705 ILCS 105/27.1b new)
11    Sec. 27.1b. Circuit court clerk fees. Notwithstanding any
12other provision of law, all fees charged by the clerks of the
13circuit court for the services described in this Section shall
14be established, collected, and disbursed in accordance with
15this Section. All fees under this Section shall be paid in
16advance and disbursed by each clerk on a monthly basis. Unless
17otherwise specified in this Section, the amount of a fee shall
18be determined by ordinance or resolution of the county board
19and remitted to the county treasurer to be used for purposes
20related to the operation of the court system in the county.
21    (a) Civil cases. The fee for filing a complaint, petition,
22or other pleading initiating a civil action shall be as set
23forth in the applicable schedule under this subsection in
24accordance with case categories established by the Supreme

 

 

10000HB2591ham001- 99 -LRB100 06972 MRW 22771 a

1Court 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
17action, including a cannabis civil law action under the
18Cannabis Control Act, shall be as set forth in the applicable
19schedule under this subsection in accordance with case
20categories 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
9defendant files a counterclaim or third party complaint, as
10part of the defendant's answer or otherwise, the defendant
11shall pay a filing fee for each counterclaim or third party
12complaint in an amount equal to the filing fee the defendant
13would have had to pay had the defendant brought a separate
14action for the relief sought in the counterclaim or third party
15complaint, less the amount of the appearance fee, if any, that
16the defendant has already paid in the action in which the
17counterclaim or third party complaint is filed.
18    (d) Alias summons. The clerk shall collect a fee not to
19exceed $5 for each alias summons or citation issued by the
20clerk.
21    (e) Jury services. The clerk shall collect, in addition to
22other fees allowed by law, a sum not to exceed $212.50, as a
23fee for the services of a jury in every civil action not
24quasi-criminal in its nature and not a proceeding for the
25exercise of the right of eminent domain and in every other
26action wherein the right of trial by jury is or may be given by

 

 

10000HB2591ham001- 104 -LRB100 06972 MRW 22771 a

1law. The jury fee shall be paid by the party demanding a jury
2at the time of filing the jury demand. If the fee is not paid by
3either party, no jury shall be called in the action or
4proceeding, and the action or proceeding shall be tried by the
5court 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
10record on appeal shall be based on the number of pages, as
11follows:
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
20from the Supreme Court or the appellate court for a new trial,
21the clerk shall reinstate the case with either its original
22number or a new number. The clerk shall not charge any new or
23additional fee for the reinstatement. Upon reinstatement, the
24clerk shall advise the parties of the reinstatement. Parties
25shall have the same right to a jury trial on remand and
26reinstatement that they had before the appeal, and no

 

 

10000HB2591ham001- 106 -LRB100 06972 MRW 22771 a

1additional or new fee or charge shall be made for a jury trial
2after remand.
3    (j) Garnishment, wage deduction, and citation. In
4garnishment affidavit, wage deduction affidavit, and citation
5petition 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
14not exceed $10 plus the cost of postage.
15    (m) Certified copies. The fee for each certified copy of a
16judgment, 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

1division or municipal district, the clerk may collect a search
2fee not to exceed $6 for each year searched.
3    (p) Hard copy. For each page of hard copy print output,
4when case records are maintained on an automated medium, the
5clerk may collect a fee not to exceed $6.
6    (q) Index inquiry and other records. No fee shall be
7charged for a single plaintiff and defendant index inquiry or
8single case record inquiry when this request is made in person
9and the records are maintained in a current automated medium,
10and when no hard copy print output is requested. The fees to be
11charged for management records, multiple case records, and
12multiple journal records may be specified by the Chief Judge
13pursuant to the guidelines for access and dissemination of
14information approved by the Supreme Court.
15    (r) Performing a marriage. There shall be a $10 fee for
16performing a marriage in court.
17    (s) Voluntary assignment. For filing each deed of voluntary
18assignment, the clerk shall collect a fee not to exceed $20.
19For recording a deed of voluntary assignment, the clerk shall
20collect a fee not to exceed 50 cents for each 100 words.
21Exceptions filed to claims presented to an assignee of a debtor
22who has made a voluntary assignment for the benefit of
23creditors shall be considered and treated, for the purpose of
24taxing costs therein, as actions in which the party or parties
25filing the exceptions shall be considered as party or parties
26plaintiff, and the claimant or claimants as party or parties

 

 

10000HB2591ham001- 109 -LRB100 06972 MRW 22771 a

1defendant, and those parties respectively shall pay to the
2clerk the same fees as provided by this Section to be paid in
3other actions.
4    (t) Expungement petition. The clerk may collect a fee not
5to exceed $60 for each expungement petition filed and an
6additional fee not to exceed $4 for each certified copy of an
7order to expunge arrest records.
8    (u) Transcripts of judgment. For the filing of a transcript
9of judgment, the clerk may collect the same fee as if it were
10the 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
5number, case title, or attorney computer identification
6number, if required by rule of court, on any document filed in
7the clerk's office, to be charged against the party that filed
8the 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
18services in connection with the operation of the clerk's
19office, other than those services mentioned in this Section, as
20may be requested by the public and agreed to by the clerk and
21approved by the Chief Judge. Any charges for additional
22services shall be as agreed to between the clerk and the party
23making the request and approved by the Chief Judge. Nothing in
24this subsection shall be construed to require any clerk to
25provide 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
13of the Circuit Court may enter into an agreement with the
14Illinois Department of Revenue to establish a pilot program for
15the purpose of collecting certain fees. The purpose shall be to
16intercept, in whole or in part, State income tax refunds due
17the persons who owe past due fees to the Clerk of the Circuit
18Court in order to satisfy unpaid assessments under the Criminal
19and Traffic Assessment Act fees pursuant to the fee
20requirements of Sections 27.1a, 27.2, and 27.2a of this Act.
21The agreement shall include, but may not be limited to, a
22certification by the Clerk of the Circuit Court that the debt
23claims forwarded to the Department of Revenue are valid and
24that reasonable efforts have been made to notify persons of the
25delinquency of the debt. The agreement shall include provisions

 

 

10000HB2591ham001- 114 -LRB100 06972 MRW 22771 a

1for payment of the intercept by the Department of Revenue to
2the Clerk of the Circuit Court and procedures for an
3appeal/protest by the debtor when an intercept occurs. The
4agreement may also include provisions to allow the Department
5of Revenue to recover its cost for administering the program.
6    Intercepts made pursuant to this Section shall not
7interfere with the collection of debts related to child
8support. During the collection of debts under this Section,
9when there are 2 or more debt claims certified to the
10Department at the same time, priority of collection shall be as
11provided 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
16Clerks of the Circuit Court, and the amount necessary for clerk
17hire, stationery, fuel and other expenses. Beginning December
181, 1989, the compensation per annum for Clerks of the Circuit
19Court shall be as follows:
20    In counties where the population is:
21Less than 14,000.......................at least $13,500
2214,001-30,000..........................at least $14,500
2330,001-60,000..........................at least $15,000
2460,001-100,000.........................at least $15,000
25100,001-200,000........................at least $16,500

 

 

10000HB2591ham001- 115 -LRB100 06972 MRW 22771 a

1200,001-300,000........................at least $18,000
2300,001- 3,000,000.....................at least $20,000
3Over 3,000,000.........................at least $55,000
4    (b) In counties in which the population is 3,000,000 or
5less, "base salary" is the compensation paid for each Clerk of
6the Circuit Court, respectively, before July 1, 1989.
7    (c) The Clerks of the Circuit Court, in counties in which
8the population is 3,000,000 or less, shall be compensated as
9follows:
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
19board, each Clerk of the Circuit Court shall receive an award
20from the State for the additional duties imposed by Sections
215-9-1 and 5-9-1.2 of the Unified Code of Corrections, Section
2210 of the Violent Crime Victims Assistance Act, Section 16-104a
23of the Illinois Vehicle Code, and other laws, in the following
24amount:
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.
3The total amount required for such awards shall be appropriated
4each year by the General Assembly to the Supreme Court, which
5shall distribute such awards in annual lump sum payments to the
6Clerks of the Circuit Court in all counties. This annual award,
7and any other award or stipend paid out of State funds to the
8Clerks of the Circuit Court, shall not affect any other
9compensation provided by law to be paid to Clerks of the
10Circuit Court.
11    (e) (Blank).
12    (f) No county board may reduce or otherwise impair the
13compensation payable from county funds to a Clerk of the
14Circuit Court if the reduction or impairment is the result of
15the Clerk of the Circuit Court receiving an award or stipend
16payable 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
19changing Section 5-915 as follows:
 
20    (705 ILCS 405/5-915)
21    Sec. 5-915. Expungement of juvenile law enforcement and
22court 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
12adjudicated delinquent for an incident occurring before his or
13her 18th birthday that if committed by an adult would be an
14offense, the person may petition the court at any time for
15expungement of law enforcement records and juvenile court
16records relating to the incident and, upon termination of all
17juvenile court proceedings relating to that incident, the court
18shall order the expungement of all records in the possession of
19the Department of State Police, the clerk of the circuit court,
20and law enforcement agencies relating to the incident, but only
21in 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
10effective date of Public Act 98-637) this amendatory Act of the
1198th General Assembly, the Department of State Police shall
12automatically expunge, on or before January 1 of each year, a
13person's law enforcement records which are not subject to
14subsection (1) relating to incidents occurring before his or
15her 18th birthday in the Department's possession or control and
16which contains the final disposition which pertain to the
17person 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
3the Access and Review process, established in the Department of
4State Police, for verifying that his or her law enforcement
5records relating to incidents occurring before his or her 18th
6birthday eligible under this subsection have been expunged as
7provided in this subsection.
8    The Department of State Police shall provide by rule the
9process for access, review, and automatic expungement.
10    (1.6) Commencing on January 1, 2015 (the effective date of
11Public Act 98-637) this amendatory Act of the 98th General
12Assembly, a person whose law enforcement records are not
13subject to subsection (1) or (1.5) of this Section and who has
14attained the age of 18 years may use the Access and Review
15process, established in the Department of State Police, for
16verifying his or her law enforcement records relating to
17incidents occurring before his or her 18th birthday in the
18Department's possession or control which pertain to the person
19when arrested as a minor, if the incident occurred no earlier
20than 30 years before January 1, 2015 (the effective date of
21Public Act 98-637) this amendatory Act of the 98th General
22Assembly. If the person identifies a law enforcement record of
23an eligible offense that meets the requirements of this
24subsection, paragraphs (a) and (c) of subsection (1.5) of this
25Section, and all juvenile court proceedings related to the
26person have been terminated, the person may file a Request for

 

 

10000HB2591ham001- 120 -LRB100 06972 MRW 22771 a

1Expungement of Juvenile Law Enforcement Records, in the form
2and manner prescribed by the Department of State Police, with
3the Department and the Department shall consider expungement of
4the record as otherwise provided for automatic expungement
5under subsection (1.5) of this Section. The person shall
6provide notice and a copy of the Request for Expungement of
7Juvenile Law Enforcement Records to the arresting agency,
8prosecutor charged with the prosecution of the minor, or the
9State's Attorney of the county that prosecuted the minor. The
10Department of State Police shall provide by rule the process
11for access, review, and Request for Expungement of Juvenile Law
12Enforcement Records.
13    (1.7) Nothing in subsections (1.5) and (1.6) of this
14Section precludes a person from filing a petition under
15subsection (1) for expungement of records subject to automatic
16expungement 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
19this Section, "eligible offense" means records relating to an
20arrest or incident occurring before the person's 18th birthday
21that if committed by an adult is not an offense classified as a
22Class 2 felony or higher offense, an offense under Article 11
23of the Criminal Code of 1961 or the Criminal Code of 2012, or
24an offense under Section 12-13, 12-14, 12-14.1, 12-15, or 12-16
25of the Criminal Code of 1961.
26    (2) Any person may petition the court to expunge all law

 

 

10000HB2591ham001- 121 -LRB100 06972 MRW 22771 a

1enforcement records relating to any incidents occurring before
2his or her 18th birthday which did not result in proceedings in
3criminal court and all juvenile court records with respect to
4any adjudications except those based upon first degree murder
5and sex offenses which would be felonies if committed by an
6adult, if the person for whom expungement is sought has had no
7convictions 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;
13whichever is later of (a) or (b). Nothing in this Section 5-915
14precludes a minor from obtaining expungement under Section
155-622.
16    (2.5) If a minor is arrested and no petition for
17delinquency is filed with the clerk of the circuit court as
18provided in paragraph (a) of subsection (1) at the time the
19minor is released from custody, the youth officer, if
20applicable, or other designated person from the arresting
21agency, shall notify verbally and in writing to the minor or
22the minor's parents or guardians that the minor has a right to
23petition to have his or her arrest record expunged when all
24juvenile court proceedings relating to that minor have been
25terminated and that unless a petition to expunge is filed, the
26minor shall have an arrest record and shall provide the minor

 

 

10000HB2591ham001- 122 -LRB100 06972 MRW 22771 a

1and the minor's parents or guardians with an expungement
2information packet, including a petition to expunge juvenile
3records obtained from the clerk of the circuit court.
4    (2.6) If a minor is charged with an offense and is found
5not delinquent of that offense; or if a minor is placed under
6supervision under Section 5-615, and the order of supervision
7is successfully terminated; or if a minor is adjudicated for an
8offense that would be a Class B misdemeanor, a Class C
9misdemeanor, or a business or petty offense if committed by an
10adult; or if a minor has incidents occurring before his or her
1118th birthday that have not resulted in proceedings in criminal
12court, or resulted in proceedings in juvenile court, and the
13adjudications were not based upon first degree murder or sex
14offenses that would be felonies if committed by an adult; then
15at the time of sentencing or dismissal of the case, the judge
16shall inform the delinquent minor of his or her right to
17petition for expungement as provided by law, and the clerk of
18the circuit court shall provide an expungement information
19packet to the delinquent minor, written in plain language,
20including a petition for expungement, a sample of a completed
21petition, expungement instructions that shall include
22information informing the minor that (i) once the case is
23expunged, it shall be treated as if it never occurred, (ii) he
24or she may apply to have petition fees waived, (iii) once he or
25she obtains an expungement, he or she may not be required to
26disclose that he or she had a juvenile record, and (iv) he or

 

 

10000HB2591ham001- 123 -LRB100 06972 MRW 22771 a

1she may file the petition on his or her own or with the
2assistance of an attorney. The failure of the judge to inform
3the delinquent minor of his or her right to petition for
4expungement as provided by law does not create a substantive
5right, nor is that failure grounds for: (i) a reversal of an
6adjudication of delinquency, (ii) a new trial; or (iii) an
7appeal.
8    (2.7) For counties with a population over 3,000,000, the
9clerk of the circuit court shall send a "Notification of a
10Possible Right to Expungement" post card to the minor at the
11address last received by the clerk of the circuit court on the
12date that the minor attains the age of 18 based on the
13birthdate provided to the court by the minor or his or her
14guardian in cases under paragraphs (b), (c), and (d) of
15subsection (1); and when the minor attains the age of 21 based
16on the birthdate provided to the court by the minor or his or
17her guardian in cases under subsection (2).
18    (2.8) The petition for expungement for subsection (1) may
19include multiple offenses on the same petition and shall be
20substantially in the following form:
21
IN THE CIRCUIT COURT OF ......, ILLINOIS
22
........ JUDICIAL CIRCUIT

 
23IN 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))
5Now comes ............., petitioner, and respectfully requests
6that this Honorable Court enter an order expunging all juvenile
7law enforcement and court records of petitioner and in support
8thereof states that: Petitioner has attained the age of ....,
9his/her birth date being ......, or all Juvenile Court
10proceedings terminated as of ......, whichever occurred later.
11Petitioner was arrested on ..... by the ....... Police
12Department for the offense or offenses of ......., and:
13(Check All That Apply:)
14( ) a. no petition or petitions were filed with the Clerk of
15the Circuit Court.
16( ) b. was charged with ...... and was found not delinquent of
17the offense or offenses.
18( ) c. a petition or petitions were filed and the petition or
19petitions were dismissed without a finding of delinquency on
20.....
21( ) d. on ....... placed under supervision pursuant to Section
225-615 of the Juvenile Court Act of 1987 and such order of
23supervision successfully terminated on ........
24( ) e. was adjudicated for the offense or offenses, which would
25have been a Class B misdemeanor, a Class C misdemeanor, or a

 

 

10000HB2591ham001- 125 -LRB100 06972 MRW 22771 a

1petty offense or business offense if committed by an adult.
2Petitioner .... has .... has not been arrested on charges in
3this or any county other than the charges listed above. If
4petitioner has been arrested on additional charges, please list
5the charges below:
6Charge(s): ......
7Arresting Agency or Agencies: ...........
8Disposition/Result: (choose from a. through e., above): .....
9WHEREFORE, the petitioner respectfully requests this Honorable
10Court to (1) order all law enforcement agencies to expunge all
11records of petitioner to this incident or incidents, and (2) to
12order the Clerk of the Court to expunge all records concerning
13the 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

1Pursuant to the penalties of perjury under the Code of Civil
2Procedure, 735 ILCS 5/1-109, I hereby certify that the
3statements in this petition are true and correct, or on
4information and belief I believe the same to be true.
 
5
......................
6
Petitioner (Signature)
7The Petition for Expungement for subsection (2) shall be
8substantially in the following form:
 
9
IN THE CIRCUIT COURT OF ........, ILLINOIS
10
........ JUDICIAL CIRCUIT

 
11IN 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)
19Now comes ............, petitioner, and respectfully requests
20that this Honorable Court enter an order expunging all Juvenile
21Law Enforcement and Court records of petitioner and in support
22thereof states that:

 

 

10000HB2591ham001- 127 -LRB100 06972 MRW 22771 a

1The incident for which the Petitioner seeks expungement
2occurred before the Petitioner's 18th birthday and did not
3result in proceedings in criminal court and the Petitioner has
4not had any convictions for any crime since his/her 18th
5birthday; and
6The incident for which the Petitioner seeks expungement
7occurred before the Petitioner's 18th birthday and the
8adjudication was not based upon first degree first-degree
9murder or sex offenses which would be felonies if committed by
10an adult, and the Petitioner has not had any convictions for
11any crime since his/her 18th birthday.
12Petitioner was arrested on ...... by the ....... Police
13Department 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
16birthday being .......; or
17( ) b. 5 years have elapsed since all juvenile court
18proceedings relating to the Petitioner have been terminated; or
19the Petitioner's commitment to the Department of Juvenile
20Justice pursuant to the expungement of juvenile law enforcement
21and court records provisions of the Juvenile Court Act of 1987
22has been terminated. Petitioner ...has ...has not been arrested
23on charges in this or any other county other than the charge
24listed above. If petitioner has been arrested on additional
25charges, please list the charges below:
26Charge(s): ..........

 

 

10000HB2591ham001- 128 -LRB100 06972 MRW 22771 a

1Arresting Agency or Agencies: .......
2Disposition/Result: (choose from a or b, above): ..........
3WHEREFORE, the petitioner respectfully requests this Honorable
4Court to (1) order all law enforcement agencies to expunge all
5records of petitioner related to this incident, and (2) to
6order the Clerk of the Court to expunge all records concerning
7the 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

 
16Pursuant to the penalties of perjury under the Code of Civil
17Procedure, 735 ILCS 5/1-109, I hereby certify that the
18statements in this petition are true and correct, or on
19information 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

1made or a charge was brought or any judge of that circuit
2designated by the chief judge may, upon verified petition of a
3person who is the subject of an arrest or a juvenile court
4proceeding under subsection (1) or (2) of this Section, order
5the law enforcement records or official court file, or both, to
6be expunged from the official records of the arresting
7authority, the clerk of the circuit court and the Department of
8State Police. The person whose records are to be expunged shall
9petition the court using the appropriate form containing his or
10her current address and shall promptly notify the clerk of the
11circuit court of any change of address. Notice of the petition
12shall be served upon the State's Attorney or prosecutor charged
13with the duty of prosecuting the offense, the Department of
14State Police, and the arresting agency or agencies by the clerk
15of the circuit court. If an objection is filed within 45 days
16of the notice of the petition, the clerk of the circuit court
17shall set a date for hearing after the 45-day 45 day objection
18period. At the hearing the court shall hear evidence on whether
19the expungement should or should not be granted. Unless the
20State's Attorney or prosecutor, the Department of State Police,
21or an arresting agency objects to the expungement within 45
22days of the notice, the court may enter an order granting
23expungement. The clerk shall forward a certified copy of the
24order to the Department of State Police and deliver a certified
25copy of the order to the arresting agency.
26    (3.1) The Notice of Expungement shall be in substantially

 

 

10000HB2591ham001- 130 -LRB100 06972 MRW 22771 a

1the following form:
2
IN THE CIRCUIT COURT OF ....., ILLINOIS
3
.... JUDICIAL CIRCUIT

 
4IN THE INTEREST OF )    NO.
5                   )
6                   )
7...................)
8(Name of Petitioner)
 
9
NOTICE
10TO:  State's Attorney
11TO:  Arresting Agency
12
13................
14................
15
16................
17................
18TO:  Illinois State Police
19
20.....................
21
22.....................
23ATTENTION: Expungement
24You are hereby notified that on ....., at ....., in courtroom

 

 

10000HB2591ham001- 131 -LRB100 06972 MRW 22771 a

1..., located at ..., before the Honorable ..., Judge, or any
2judge sitting in his/her stead, I shall then and there present
3a Petition to Expunge Juvenile records in the above-entitled
4matter, 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
14On the ....... day of ......, 20..., I on oath state that I
15served this notice and true and correct copies of the
16above-checked documents by:
17(Check One:)
18delivering copies personally to each entity to whom they are
19directed;
20or
21by mailing copies to each entity to whom they are directed by
22depositing the same in the U.S. Mail, proper postage fully
23prepaid, before the hour of 5:00 p.m., at the United States
24Postal Depository located at .................
25
.........................................
26

 

 

10000HB2591ham001- 132 -LRB100 06972 MRW 22771 a

1Signature
2
Clerk of the Circuit Court or Deputy Clerk
3Printed Name of Delinquent Minor/Petitioner: ....
4Address: ........................................
5Telephone Number: ...............................
6    (3.2) The Order of Expungement shall be in substantially
7the following form:
8
IN THE CIRCUIT COURT OF ....., ILLINOIS
9
.... JUDICIAL CIRCUIT

 
10IN THE INTEREST OF )    NO.
11                   )
12                   )
13...................)
14(Name of Petitioner)
 
15DOB ................
16Arresting Agency/Agencies ......
17
ORDER OF EXPUNGEMENT
18
(705 ILCS 405/5-915 (SUBSECTION 3))
19This matter having been heard on the petitioner's motion and
20the court being fully advised in the premises does find that
21the petitioner is indigent or has presented reasonable cause to
22waive all costs in this matter, IT IS HEREBY ORDERED that:
23    ( ) 1. Clerk of Court and Department of State Police costs
24are hereby waived in this matter.

 

 

10000HB2591ham001- 133 -LRB100 06972 MRW 22771 a

1    ( ) 2. The Illinois State Police Bureau of Identification
2and the following law enforcement agencies expunge all records
3of petitioner relating to an arrest dated ...... for the
4offense of ......
5
Law Enforcement Agencies:
6
.........................
7
.........................
8    ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit
9Court expunge all records regarding the above-captioned case.
10
ENTER: ......................
11
12JUDGE
13DATED: .......
14Name:
15Attorney for:
16Address: City/State/Zip:
17Attorney Number:
18    (3.3) The Notice of Objection shall be in substantially the
19following form:
20
IN THE CIRCUIT COURT OF ....., ILLINOIS
21
....................... JUDICIAL CIRCUIT

 
22IN THE INTEREST OF )    NO.
23                   )
24                   )
25...................)

 

 

10000HB2591ham001- 134 -LRB100 06972 MRW 22771 a

1(Name of Petitioner)
 
2
NOTICE OF OBJECTION
3TO:(Attorney, Public Defender, Minor)
4.................................
5.................................
6TO:(Illinois State Police)
7.................................
8.................................
9TO:(Clerk of the Court)
10.................................
11.................................
12TO:(Judge)
13.................................
14.................................
15TO:(Arresting Agency/Agencies)
16.................................
17.................................
18ATTENTION: You are hereby notified that an objection has been
19filed by the following entity regarding the above-named minor's
20petition for expungement of juvenile records:
21( ) State's Attorney's Office;
22( ) Prosecutor (other than State's Attorney's Office) charged
23with 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

1The agency checked above respectfully requests that this case
2be continued and set for hearing on whether the expungement
3should or should not be granted.
4DATED: .......
5Name:
6Attorney For:
7Address:
8City/State/Zip:
9Telephone:
10Attorney No.:
11
FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
12This matter has been set for hearing on the foregoing
13objection, on ...... in room ...., located at ....., before the
14Honorable ....., Judge, or any judge sitting in his/her stead.
15(Only one hearing shall be set, regardless of the number of
16Notices of Objection received on the same case).
17A copy of this completed Notice of Objection containing the
18court date, time, and location, has been sent via regular U.S.
19Mail to the following entities. (If more than one Notice of
20Objection is received on the same case, each one must be
21completed with the court date, time and location and mailed to
22the following entities):
23( ) Attorney, Public Defender or Minor;
24( ) State's Attorney's Office;
25( ) Prosecutor (other than State's Attorney's Office) charged
26with 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.
3Date: ......
4Initials of Clerk completing this section: .....
5    (4) Upon entry of an order expunging records or files, the
6offense, which the records or files concern shall be treated as
7if it never occurred. Law enforcement officers and other public
8offices and agencies shall properly reply on inquiry that no
9record or file exists with respect to the person.
10    (5) Records which have not been expunged are sealed, and
11may be obtained only under the provisions of Sections 5-901,
125-905, and 5-915.
13    (6) Nothing in this Section shall be construed to prohibit
14the maintenance of information relating to an offense after
15records or files concerning the offense have been expunged if
16the information is kept in a manner that does not enable
17identification of the offender. This information may only be
18used for statistical and bona fide research purposes.
19    (6.5) The Department of State Police or any employee of the
20Department shall be immune from civil or criminal liability for
21failure to expunge any records of arrest that are subject to
22expungement under subsection (1.5) or (1.6) of this Section
23because of inability to verify a record. Nothing in subsection
24(1.5) or (1.6) of this Section shall create Department of State
25Police liability or responsibility for the expungement of law
26enforcement records it does not possess.

 

 

10000HB2591ham001- 137 -LRB100 06972 MRW 22771 a

1    (7)(a) The State Appellate Defender shall establish,
2maintain, and carry out, by December 31, 2004, a juvenile
3expungement program to provide information and assistance to
4minors eligible to have their juvenile records expunged.
5    (b) The State Appellate Defender shall develop brochures,
6pamphlets, and other materials in printed form and through the
7agency's World Wide Web site. The pamphlets and other materials
8shall 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
19maintain a statewide toll-free telephone number that a person
20may use to receive information or assistance concerning the
21expungement of juvenile records. The State Appellate Defender
22shall advertise the toll-free telephone number statewide. The
23State Appellate Defender shall develop an expungement
24information packet that may be sent to eligible persons seeking
25expungement of their juvenile records, which may include, but
26is not limited to, a pre-printed expungement petition with

 

 

10000HB2591ham001- 138 -LRB100 06972 MRW 22771 a

1instructions on how to complete the petition and a pamphlet
2containing information that would assist individuals through
3the juvenile expungement process.
4    (d) The State Appellate Defender shall compile a statewide
5list of volunteer attorneys willing to assist eligible
6individuals through the juvenile expungement process.
7    (e) This Section shall be implemented from funds
8appropriated by the General Assembly to the State Appellate
9Defender for this purpose. The State Appellate Defender shall
10employ the necessary staff and adopt the necessary rules for
11implementation of this Section.
12    (8)(a) Except with respect to law enforcement agencies, the
13Department of Corrections, State's Attorneys, or other
14prosecutors, an expunged juvenile record may not be considered
15by any private or public entity in employment matters,
16certification, licensing, revocation of certification or
17licensure, or registration. Applications for employment must
18contain specific language that states that the applicant is not
19obligated to disclose expunged juvenile records of conviction
20or arrest. Employers may not ask if an applicant has had a
21juvenile record expunged. Effective January 1, 2005, the
22Department of Labor shall develop a link on the Department's
23website to inform employers that employers may not ask if an
24applicant had a juvenile record expunged and that application
25for employment must contain specific language that states that
26the applicant is not obligated to disclose expunged juvenile

 

 

10000HB2591ham001- 139 -LRB100 06972 MRW 22771 a

1records of arrest or conviction.
2    (b) A person whose juvenile records have been expunged is
3not entitled to remission of any fines, costs, or other money
4paid as a consequence of expungement. Public Act 93-912 This
5amendatory Act of the 93rd General Assembly does not affect the
6right of the victim of a crime to prosecute or defend a civil
7action for damages.
8    (c) The expungement of juvenile records under Section 5-622
9shall be funded by the additional fine imposed under Section
105-9-1.17 of the Unified Code of Corrections and additional
11appropriations made by the General Assembly for such purpose.
12    (9) The changes made to this Section by Public Act 98-61
13apply to law enforcement records of a minor who has been
14arrested or taken into custody on or after January 1, 2014 (the
15effective date of Public Act 98-61).
16    (10) The changes made in subsection (1.5) of this Section
17by Public Act 98-637 this amendatory Act of the 98th General
18Assembly apply to law enforcement records of a minor who has
19been arrested or taken into custody on or after January 1,
202015. The changes made in subsection (1.6) of this Section by
21Public Act 98-637 this amendatory Act of the 98th General
22Assembly apply to law enforcement records of a minor who has
23been 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,
25eff. 7-16-14; 99-835, eff. 1-1-17; 99-881, eff. 1-1-17; revised
269-2-16.)
 

 

 

10000HB2591ham001- 140 -LRB100 06972 MRW 22771 a

1    Section 3-19. The Criminal Code of 2012 is amended by
2changing 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
6if:
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
7territorial court related to domestic or family violence shall
8be deemed valid if the issuing court had jurisdiction over the
9parties and matter under the law of the state, tribe or
10territory. There shall be a presumption of validity where an
11order is certified and appears authentic on its face. For
12purposes of this Section, an "order of protection" may have
13been issued in a criminal or civil proceeding.
14    (a-5) Failure to provide reasonable notice and opportunity
15to be heard shall be an affirmative defense to any charge or
16process filed seeking enforcement of a foreign order of
17protection.
18    (b) Nothing in this Section shall be construed to diminish
19the inherent authority of the courts to enforce their lawful
20orders through civil or criminal contempt proceedings.
21    (c) The limitations placed on law enforcement liability by
22Section 305 of the Illinois Domestic Violence Act of 1986 apply
23to actions taken under this Section.
24    (d) Violation of an order of protection is a Class A
25misdemeanor. Violation of an order of protection is a Class 4
26felony if the defendant has any prior conviction under this

 

 

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1Code for domestic battery (Section 12-3.2) or violation of an
2order of protection (Section 12-3.4 or 12-30) or any prior
3conviction under the law of another jurisdiction for an offense
4that could be charged in this State as a domestic battery or
5violation of an order of protection. Violation of an order of
6protection is a Class 4 felony if the defendant has any prior
7conviction under this Code for first degree murder (Section
89-1), attempt to commit first degree murder (Section 8-4),
9aggravated domestic battery (Section 12-3.3), aggravated
10battery (Section 12-3.05 or 12-4), heinous battery (Section
1112-4.1), aggravated battery with a firearm (Section 12-4.2),
12aggravated battery with a machine gun or a firearm equipped
13with a silencer (Section 12-4.2-5), aggravated battery of a
14child (Section 12-4.3), aggravated battery of an unborn child
15(subsection (a-5) of Section 12-3.1, or Section 12-4.4),
16aggravated battery of a senior citizen (Section 12-4.6),
17stalking (Section 12-7.3), aggravated stalking (Section
1812-7.4), criminal sexual assault (Section 11-1.20 or 12-13),
19aggravated criminal sexual assault (Section 11-1.30 or 12-14),
20kidnapping (Section 10-1), aggravated kidnapping (Section
2110-2), predatory criminal sexual assault of a child (Section
2211-1.40 or 12-14.1), aggravated criminal sexual abuse (Section
2311-1.60 or 12-16), unlawful restraint (Section 10-3),
24aggravated unlawful restraint (Section 10-3.1), aggravated
25arson (Section 20-1.1), aggravated discharge of a firearm
26(Section 24-1.2), or a violation of any former law of this

 

 

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1State that is substantially similar to any listed offense, or
2any prior conviction under the law of another jurisdiction for
3an offense that could be charged in this State as one of the
4offenses listed in this Section, when any of these offenses
5have been committed against a family or household member as
6defined in Section 112A-3 of the Code of Criminal Procedure of
71963. The court shall impose a minimum penalty of 24 hours
8imprisonment for defendant's second or subsequent violation of
9any order of protection; unless the court explicitly finds that
10an increased penalty or such period of imprisonment would be
11manifestly unjust. In addition to any other penalties, the
12court may order the defendant to pay a fine as authorized under
13Section 5-9-1 of the Unified Code of Corrections or to make
14restitution to the victim under Section 5-5-6 of the Unified
15Code of Corrections. In addition to any other penalties,
16including those imposed by Section 5-9-1.5 of the Unified Code
17of Corrections, the court shall impose an additional fine of
18$20 as authorized by Section 5-9-1.11 of the Unified Code of
19Corrections upon any person convicted of or placed on
20supervision for a violation of this Section. The additional
21fine shall be imposed for each violation of this Section.
22    (e) (Blank).
23    (f) A defendant who directed the actions of a third party
24to violate this Section, under the principles of accountability
25set forth in Article 5 of this Code, is guilty of violating
26this Section as if the same had been personally done by the

 

 

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1defendant, without regard to the mental state of the third
2party acting at the direction of the defendant.
3(Source: P.A. 96-1551, Article 1, Section 5, eff. 7-1-11;
496-1551, Article 2, Section 1035, eff. 7-1-11; incorporates
597-311, eff. 8-11-11; 97-919, eff. 8-10-12; 97-1109, eff.
61-1-13.)
 
7    Section 3-20. The Cannabis Control Act is amended by
8changing 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
11this Act, and every person placed on probation, conditional
12discharge, supervision or probation under Section 10 of this
13Act, shall be assessed an amount as set forth in Section 2-15
14or 2-35 of the Criminal and Traffic Assessment Act. for each
15offense 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
23addition to and not in lieu of any fines, restitution costs,
24forfeitures or other assessments authorized or required by law.

 

 

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1    (c) As a condition of the assessment, the court may require
2that payment be made in specified installments or within a
3specified period of time. If the assessment is not paid within
4the period of probation, conditional discharge or supervision
5to which the defendant was originally sentenced, the court may
6extend the period of probation, conditional discharge or
7supervision pursuant to Section 5-6-2 or 5-6-3.1 of the Unified
8Code of Corrections, as applicable, until the assessment is
9paid or until successful completion of public or community
10service set forth in subsection (e) or the successful
11completion of the substance abuse intervention or treatment
12program set forth in subsection (f). If a term of probation,
13conditional discharge or supervision is not imposed, the
14assessment shall be payable upon judgment or as directed by the
15court.
16    (d) (Blank). If an assessment for a violation of this Act
17is imposed on an organization, it is the duty of each
18individual authorized to make disbursements of the assets of
19the organization to pay the assessment from assets of the
20organization.
21    (e) A defendant who has been ordered to pay an assessment
22may petition the court to convert all or part of the assessment
23into court-approved public or community service. One hour of
24public or community service shall be equivalent to $4 of
25assessment. The performance of this public or community service
26shall be a condition of the probation, conditional discharge or

 

 

10000HB2591ham001- 146 -LRB100 06972 MRW 22771 a

1supervision and shall be in addition to the performance of any
2other period of public or community service ordered by the
3court or required by law.
4    (f) The court may suspend the collection of the assessment
5imposed under this Section; provided the defendant agrees to
6enter a substance abuse intervention or treatment program
7approved by the court; and further provided that the defendant
8agrees to pay for all or some portion of the costs associated
9with the intervention or treatment program. In this case, the
10collection of the assessment imposed under this Section shall
11be suspended during the defendant's participation in the
12approved intervention or treatment program. Upon successful
13completion of the program, the defendant may apply to the court
14to reduce the assessment imposed under this Section by any
15amount actually paid by the defendant for his participation in
16the program. The court shall not reduce the penalty under this
17subsection unless the defendant establishes to the
18satisfaction of the court that he has successfully completed
19the intervention or treatment program. If the defendant's
20participation is for any reason terminated before his
21successful completion of the intervention or treatment
22program, collection of the entire assessment imposed under this
23Section shall be enforced. Nothing in this Section shall be
24deemed to affect or suspend any other fines, restitution costs,
25forfeitures or assessments imposed under this or any other Act.
26    (g) (Blank). The court shall not impose more than one

 

 

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1assessment per complaint, indictment or information. If the
2person is convicted of more than one offense in a complaint,
3indictment or information, the assessment shall be based on the
4highest class offense for which the person is convicted.
5    (h) (Blank). All moneys collected under this Section shall
6be forwarded by the clerk of the circuit court to the State
7Treasurer for deposit in the Drug Treatment Fund and expended
8as provided in Section 411.2 of the Illinois Controlled
9Substances Act.
10(Source: P.A. 87-772.)
 
11    Section 3-25. The Illinois Controlled Substances Act is
12amended 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
15this Act, and every person placed on probation, conditional
16discharge, supervision or probation under Section 410 of this
17Act, shall be assessed an amount as set forth in Section 2-15
18or 2-35 of the Criminal and Traffic Assessment Act. for each
19offense 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
3addition to and not in lieu of any fines, restitution costs,
4forfeitures or other assessments authorized or required by law.
5    (c) As a condition of the assessment, the court may require
6that payment be made in specified installments or within a
7specified period of time. If the assessment is not paid within
8the period of probation, conditional discharge or supervision
9to which the defendant was originally sentenced, the court may
10extend the period of probation, conditional discharge or
11supervision pursuant to Section 5-6-2 or 5-6-3.1 of the Unified
12Code of Corrections, as applicable, until the assessment is
13paid or until successful completion of public or community
14service set forth in subsection (e) or the successful
15completion of the substance abuse intervention or treatment
16program set forth in subsection (f). If a term of probation,
17conditional discharge or supervision is not imposed, the
18assessment shall be payable upon judgment or as directed by the
19court.
20    (d) (Blank). If an assessment for a violation of this Act
21is imposed on an organization, it is the duty of each
22individual authorized to make disbursements of the assets of
23the organization to pay the assessment from assets of the
24organization.
25    (e) A defendant who has been ordered to pay an assessment
26may petition the court to convert all or part of the assessment

 

 

10000HB2591ham001- 149 -LRB100 06972 MRW 22771 a

1into court-approved public or community service. One hour of
2public or community service shall be equivalent to $4 of
3assessment. The performance of this public or community service
4shall be a condition of the probation, conditional discharge or
5supervision and shall be in addition to the performance of any
6other period of public or community service ordered by the
7court or required by law.
8    (f) The court may suspend the collection of the assessment
9imposed under this Section; provided the defendant agrees to
10enter a substance abuse intervention or treatment program
11approved by the court; and further provided that the defendant
12agrees to pay for all or some portion of the costs associated
13with the intervention or treatment program. In this case, the
14collection of the assessment imposed under this Section shall
15be suspended during the defendant's participation in the
16approved intervention or treatment program. Upon successful
17completion of the program, the defendant may apply to the court
18to reduce the assessment imposed under this Section by any
19amount actually paid by the defendant for his or her
20participation in the program. The court shall not reduce the
21penalty under this subsection unless the defendant establishes
22to the satisfaction of the court that he or she has
23successfully completed the intervention or treatment program.
24If the defendant's participation is for any reason terminated
25before his or her successful completion of the intervention or
26treatment program, collection of the entire assessment imposed

 

 

10000HB2591ham001- 150 -LRB100 06972 MRW 22771 a

1under this Section shall be enforced. Nothing in this Section
2shall be deemed to affect or suspend any other fines,
3restitution costs, forfeitures or assessments imposed under
4this or any other Act.
5    (g) (Blank). The court shall not impose more than one
6assessment per complaint, indictment or information. If the
7person is convicted of more than one offense in a complaint,
8indictment or information, the assessment shall be based on the
9highest class offense for which the person is convicted.
10    (h) The In counties under 3,000,000, all moneys collected
11under this Section shall be forwarded by the clerk of the
12circuit court to the State Treasurer for deposit in the Drug
13Treatment Fund, which is hereby established as a special fund
14within the State Treasury. The Department of Human Services may
15make grants to persons licensed under Section 15-10 of the
16Alcoholism and Other Drug Abuse and Dependency Act or to
17municipalities or counties from funds appropriated to the
18Department from the Drug Treatment Fund for the treatment of
19pregnant women who are addicted to alcohol, cannabis or
20controlled substances and for the needed care of minor,
21unemancipated children of women undergoing residential drug
22treatment. If the Department of Human Services grants funds to
23a municipality or a county that the Department determines is
24not experiencing a problem with pregnant women addicted to
25alcohol, cannabis or controlled substances, or with care for
26minor, unemancipated children of women undergoing residential

 

 

10000HB2591ham001- 151 -LRB100 06972 MRW 22771 a

1drug treatment, or intervention, the funds shall be used for
2the treatment of any person addicted to alcohol, cannabis or
3controlled substances. The Department may adopt such rules as
4it deems appropriate for the administration of such grants.
5    (i) (Blank). In counties over 3,000,000, all moneys
6collected under this Section shall be forwarded to the County
7Treasurer for deposit into the County Health Fund. The County
8Treasurer shall, no later than the 15th day of each month,
9forward to the State Treasurer 30 percent of all moneys
10collected under this Act and received into the County Health
11Fund since the prior remittance to the State Treasurer. Funds
12retained by the County shall be used for community-based
13treatment of pregnant women who are addicted to alcohol,
14cannabis, or controlled substances or for the needed care of
15minor, unemancipated children of these women. Funds forwarded
16to the State Treasurer shall be deposited into the State Drug
17Treatment Fund maintained by the State Treasurer from which the
18Department of Human Services may make grants to persons
19licensed under Section 15-10 of the Alcoholism and Other Drug
20Abuse and Dependency Act or to municipalities or counties from
21funds appropriated to the Department from the Drug Treatment
22Fund, provided that the moneys collected from each county be
23returned proportionately to the counties through grants to
24licensees located within the county from which the assessment
25was received and moneys in the State Drug Treatment Fund shall
26not supplant other local, State or federal funds. If the

 

 

10000HB2591ham001- 152 -LRB100 06972 MRW 22771 a

1Department of Human Services grants funds to a municipality or
2county that the Department determines is not experiencing a
3problem with pregnant women addicted to alcohol, cannabis or
4controlled substances, or with care for minor, unemancipated
5children or women undergoing residential drug treatment, the
6funds shall be used for the treatment of any person addicted to
7alcohol, cannabis or controlled substances. The Department may
8adopt such rules as it deems appropriate for the administration
9of such grants.
10(Source: P.A. 97-334, eff. 1-1-12.)
 
11    Section 3-30. The Methamphetamine Control and Community
12Protection 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
16every person placed on probation, conditional discharge,
17supervision, or probation under this Act, shall be assessed an
18amount as set forth in Section 2-15 or 2-35 of the Criminal and
19Traffic 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

1addition to and not in lieu of any fines, restitution, costs,
2forfeitures, or other assessments authorized or required by
3law.
4    (c) As a condition of the assessment, the court may require
5that payment be made in specified installments or within a
6specified period of time. If the assessment is not paid within
7the period of probation, conditional discharge, or supervision
8to which the defendant was originally sentenced, the court may
9extend the period of probation, conditional discharge, or
10supervision pursuant to Section 5-6-2 or 5-6-3.1 of the Unified
11Code of Corrections, as applicable, until the assessment is
12paid or until successful completion of public or community
13service set forth in subsection (e) or the successful
14completion of the substance abuse intervention or treatment
15program set forth in subsection (f). If a term of probation,
16conditional discharge, or supervision is not imposed, the
17assessment shall be payable upon judgment or as directed by the
18court.
19    (d) (Blank). If an assessment for a violation of this Act
20is imposed on an organization, it is the duty of each
21individual authorized to make disbursements of the assets of
22the organization to pay the assessment from assets of the
23organization.
24    (e) A defendant who has been ordered to pay an assessment
25may petition the court to convert all or part of the assessment
26into court-approved public or community service. One hour of

 

 

10000HB2591ham001- 154 -LRB100 06972 MRW 22771 a

1public or community service shall be equivalent to $4 of
2assessment. The performance of this public or community service
3shall be a condition of the probation, conditional discharge,
4or supervision and shall be in addition to the performance of
5any other period of public or community service ordered by the
6court or required by law.
7    (f) The court may suspend the collection of the assessment
8imposed under this Section if the defendant agrees to enter a
9substance abuse intervention or treatment program approved by
10the court and the defendant agrees to pay for all or some
11portion of the costs associated with the intervention or
12treatment program. In this case, the collection of the
13assessment imposed under this Section shall be suspended during
14the defendant's participation in the approved intervention or
15treatment program. Upon successful completion of the program,
16the defendant may apply to the court to reduce the assessment
17imposed under this Section by any amount actually paid by the
18defendant for his or her participation in the program. The
19court shall not reduce the penalty under this subsection unless
20the defendant establishes to the satisfaction of the court that
21he or she has successfully completed the intervention or
22treatment program. If the defendant's participation is for any
23reason terminated before his or her successful completion of
24the intervention or treatment program, collection of the entire
25assessment imposed under this Section shall be enforced.
26Nothing in this Section shall be deemed to affect or suspend

 

 

10000HB2591ham001- 155 -LRB100 06972 MRW 22771 a

1any other fines, restitution costs, forfeitures, or
2assessments imposed under this or any other Act.
3    (g) (Blank). The court shall not impose more than one
4assessment per complaint, indictment, or information. If the
5person is convicted of more than one offense in a complaint,
6indictment, or information, the assessment shall be based on
7the highest class offense for which the person is convicted.
8    (h) In counties with a population under 3,000,000, all
9moneys collected under this Section shall be forwarded by the
10clerk of the circuit court to the State Treasurer for deposit
11in the Drug Treatment Fund. The Department of Human Services
12may make grants to persons licensed under Section 15-10 of the
13Alcoholism and Other Drug Abuse and Dependency Act or to
14municipalities or counties from funds appropriated to the
15Department from the Drug Treatment Fund for the treatment of
16pregnant women who are addicted to alcohol, cannabis or
17controlled substances and for the needed care of minor,
18unemancipated children of women undergoing residential drug
19treatment. If the Department of Human Services grants funds to
20a municipality or a county that the Department determines is
21not experiencing a problem with pregnant women addicted to
22alcohol, cannabis or controlled substances, or with care for
23minor, unemancipated children of women undergoing residential
24drug treatment, or intervention, the funds shall be used for
25the treatment of any person addicted to alcohol, cannabis, or
26controlled substances. The Department may adopt such rules as

 

 

10000HB2591ham001- 156 -LRB100 06972 MRW 22771 a

1it deems appropriate for the administration of such grants.
2    (i) (Blank). In counties with a population of 3,000,000 or
3more, all moneys collected under this Section shall be
4forwarded to the County Treasurer for deposit into the County
5Health Fund. The County Treasurer shall, no later than the 15th
6day of each month, forward to the State Treasurer 30 percent of
7all moneys collected under this Act and received into the
8County Health Fund since the prior remittance to the State
9Treasurer. Funds retained by the County shall be used for
10community-based treatment of pregnant women who are addicted to
11alcohol, cannabis, or controlled substances or for the needed
12care of minor, unemancipated children of these women. Funds
13forwarded to the State Treasurer shall be deposited into the
14State Drug Treatment Fund maintained by the State Treasurer
15from which the Department of Human Services may make grants to
16persons licensed under Section 15-10 of the Alcoholism and
17Other Drug Abuse and Dependency Act or to municipalities or
18counties from funds appropriated to the Department from the
19Drug Treatment Fund, provided that the moneys collected from
20each county be returned proportionately to the counties through
21grants to licensees located within the county from which the
22assessment was received and moneys in the State Drug Treatment
23Fund shall not supplant other local, State or federal funds. If
24the Department of Human Services grants funds to a municipality
25or county that the Department determines is not experiencing a
26problem with pregnant women addicted to alcohol, cannabis or

 

 

10000HB2591ham001- 157 -LRB100 06972 MRW 22771 a

1controlled substances, or with care for minor, unemancipated
2children or women undergoing residential drug treatment, the
3funds shall be used for the treatment of any person addicted to
4alcohol, cannabis or controlled substances. The Department may
5adopt such rules as it deems appropriate for the administration
6of such grants.
7(Source: P.A. 94-556, eff. 9-11-05.)
 
8    Section 3-35. The Code of Criminal Procedure of 1963 is
9amended 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
18commencement of an action, but no later than 30 days after
19sentencing:
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

 

 

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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
24writing, signed by the defendant or, if the defendant is a
25minor, by another person having knowledge of the facts, and
26filed no later than 30 days after sentencing. The contents of

 

 

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1the application for a waiver of assessments, and the procedure
2for deciding the applications, shall be established by Supreme
3Court Rule.
4    (d) The clerk of court shall provide the application for a
5waiver of assessments to any person seeking to defend an action
6who indicates an inability to pay the assessments. The clerk of
7the court shall post in a conspicuous place in the courthouse a
8notice, no smaller than 8.5 x 11 inches and using no smaller
9than 30-point typeface printed in English and in Spanish,
10advising members of the public that they may ask the court for
11permission to defend a criminal action without payment of the
12assessments. 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
17whose application is denied or who receives a partial
18assessment waiver to defer payment of the assessments, make
19installment payments, or make payment upon reasonable terms and
20conditions stated in the order.
21    (f) Nothing in this Section shall be construed to affect
22the right of a party to defend an action in forma pauperis
23without the payment of assessments, or the right of a party to
24court-appointed counsel, as authorized by any other provision
25of law or by the rules of the Illinois Supreme Court.
26    (g) In any case in which a party is represented by a

 

 

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1criminal legal services provider or attorney in a
2court-sponsored pro bono program as defined in Section 5-105.5
3of the Code of Civil Procedure, the attorney representing that
4party shall file a certification with the court as established
5by Supreme Court Rule 404 and that party shall be allowed to
6defend without payment of assessments without filing an
7application under this Section.
8    (h) The provisions of this Section are severable under
9Section 1.31 of the Statute on Statutes.
 
10    Section 3-40. The Violent Crime Victims Assistance Act is
11amended 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
15as a special fund in the State Treasury to provide monies for
16the grants to be awarded under this Act.
17    (b) (Blank). When any person is convicted in Illinois of an
18offense listed below, or placed on supervision for that offense
19on or after July 1, 2012, the court shall impose the following
20fines:
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

 

 

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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
8penalty established in this Section shall be assessed for any
9violation of Section 11-601.5, 11-605.2, or 11-605.3 of the
10Illinois Vehicle Code.
11    The Clerk of the Circuit Court shall remit moneys collected
12under this subsection (b) within one month after receipt to the
13State Treasurer for deposit into the Violent Crime Victims
14Assistance Fund, except as provided in subsection (g) of this
15Section. Such additional penalty shall not be considered a part
16of the fine for purposes of any reduction made in the fine for
17time served either before or after sentencing. Not later than
18March 1 of each year the Clerk of the Circuit Court shall
19submit to the State Comptroller a report of the amount of funds
20remitted by him to the State Treasurer under this Section
21during the preceding calendar year.
22    (c) (Blank). The charge imposed by subsection (b) shall not
23be subject to the provisions of Section 110-14 of the Code of
24Criminal Procedure of 1963.
25    (d) Monies forfeited, and proceeds from the sale of
26property forfeited and seized, under the forfeiture provisions

 

 

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1set forth in Part 500 of Article 124B of the Code of Criminal
2Procedure of 1963 shall be accepted for the Violent Crime
3Victims Assistance Fund.
4    (e) Investment income which is attributable to the
5investment of monies in the Violent Crime Victims Assistance
6Fund shall be credited to that fund for uses specified in this
7Act. The Treasurer shall provide the Attorney General a monthly
8status report on the amount of money in the Fund.
9    (f) Monies from the fund may be granted on and after July
101, 1984.
11    (g) (Blank). All amounts and charges imposed under this
12Section for any violation of Chapters 3, 4, 6, and 11 of the
13Illinois Vehicle Code, or a similar provision of a local
14ordinance, or any violation of the Child Passenger Protection
15Act, or a similar provision of a local ordinance, shall be
16collected and disbursed by the circuit clerk as provided under
17Section 27.5 of the Clerks of Courts Act.
18(Source: P.A. 96-712, eff. 1-1-10; 97-108, eff. 7-14-11;
1997-816, eff. 7-16-12.)
 
20    Section 3-45. The Unified Code of Corrections is amended by
21changing Sections 5-4-3, 5-4.5-50, 5-4.5-55, 5-4.5-60,
225-4.5-65, 5-4.5-75, 5-4.5-80, 5-5-3, 5-5-6, 5-6-1, 5-6-3,
235-6-3.1, 5-7-1, 5-9-1, 5-9-1.4, 5-9-1.7, 5-9-1.9, 5-9-1.11,
24and 5-9-1.16 as follows:
 

 

 

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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
4Juvenile Court Act of 1987 for, or who received a disposition
5of court supervision for, a qualifying offense or attempt of a
6qualifying offense, convicted or found guilty of any offense
7classified as a felony under Illinois law, convicted or found
8guilty of any offense requiring registration under the Sex
9Offender Registration Act, found guilty or given supervision
10for any offense classified as a felony under the Juvenile Court
11Act of 1987, convicted or found guilty of, under the Juvenile
12Court Act of 1987, any offense requiring registration under the
13Sex Offender Registration Act, or institutionalized as a
14sexually dangerous person under the Sexually Dangerous Persons
15Act, or committed as a sexually violent person under the
16Sexually Violent Persons Commitment Act shall, regardless of
17the sentence or disposition imposed, be required to submit
18specimens of blood, saliva, or tissue to the Illinois
19Department of State Police in accordance with the provisions of
20this 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;

 

 

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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
25Department of Corrections or the Illinois Department of
26Juvenile Justice on or after August 22, 2002, whether for a

 

 

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1term of years, natural life, or a sentence of death, who has
2not yet submitted a specimen of blood, saliva, or tissue shall
3be required to submit a specimen of blood, saliva, or tissue
4prior to his or her final discharge, or release on parole,
5aftercare release, or mandatory supervised release, as a
6condition of his or her parole, aftercare release, or mandatory
7supervised release, or within 6 months from August 13, 2009
8(the effective date of Public Act 96-426), whichever is sooner.
9A person incarcerated on or after August 13, 2009 (the
10effective date of Public Act 96-426) shall be required to
11submit a specimen within 45 days of incarceration, or prior to
12his or her final discharge, or release on parole, aftercare
13release, or mandatory supervised release, as a condition of his
14or her parole, aftercare release, or mandatory supervised
15release, whichever is sooner. These specimens shall be placed
16into the State or national DNA database, to be used in
17accordance with other provisions of this Section, by the
18Illinois State Police.
19    (a-2) Any person sentenced to life imprisonment in a
20facility of the Illinois Department of Corrections after the
21effective date of this amendatory Act of the 94th General
22Assembly or sentenced to death after the effective date of this
23amendatory Act of the 94th General Assembly shall be required
24to provide a specimen of blood, saliva, or tissue within 45
25days after sentencing or disposition at a collection site
26designated by the Illinois Department of State Police. Any

 

 

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1person serving a sentence of life imprisonment in a facility of
2the Illinois Department of Corrections on the effective date of
3this amendatory Act of the 94th General Assembly or any person
4who is under a sentence of death on the effective date of this
5amendatory Act of the 94th General Assembly shall be required
6to provide a specimen of blood, saliva, or tissue upon request
7at a collection site designated by the Illinois Department of
8State Police.
9    (a-3) Any person seeking transfer to or residency in
10Illinois under Sections 3-3-11.05 through 3-3-11.5 of this
11Code, the Interstate Compact for Adult Offender Supervision, or
12the Interstate Agreements on Sexually Dangerous Persons Act
13shall be required to provide a specimen of blood, saliva, or
14tissue within 45 days after transfer to or residency in
15Illinois at a collection site designated by the Illinois
16Department of State Police.
17    (a-3.1) Any person required by an order of the court to
18submit a DNA specimen shall be required to provide a specimen
19of blood, saliva, or tissue within 45 days after the court
20order at a collection site designated by the Illinois
21Department of State Police.
22    (a-3.2) On or after January 1, 2012 (the effective date of
23Public Act 97-383), any person arrested for any of the
24following offenses, after an indictment has been returned by a
25grand jury, or following a hearing pursuant to Section 109-3 of
26the Code of Criminal Procedure of 1963 and a judge finds there

 

 

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1is probable cause to believe the arrestee has committed one of
2the designated offenses, or an arrestee has waived a
3preliminary hearing shall be required to provide a specimen of
4blood, saliva, or tissue within 14 days after such indictment
5or hearing at a collection site designated by the Illinois
6Department 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
13under the Sex Offender Registration Act, regardless of the date
14of conviction as set forth in subsection (c-5.2) shall be
15required to provide a specimen of blood, saliva, or tissue
16within the time period prescribed in subsection (c-5.2) at a
17collection site designated by the Illinois Department of State
18Police.
19    (a-5) Any person who was otherwise convicted of or received
20a disposition of court supervision for any other offense under
21the Criminal Code of 1961 or the Criminal Code of 2012 or who
22was found guilty or given supervision for such a violation
23under the Juvenile Court Act of 1987, may, regardless of the
24sentence imposed, be required by an order of the court to
25submit specimens of blood, saliva, or tissue to the Illinois
26Department of State Police in accordance with the provisions of

 

 

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1this 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,
4saliva, or tissue shall provide specimens of blood, saliva, or
5tissue within 45 days after sentencing or disposition at a
6collection site designated by the Illinois Department of State
7Police.
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
10be required to provide such specimens prior to final discharge
11or within 6 months from August 13, 2009 (the effective date of
12Public Act 96-426), whichever is sooner. These specimens shall
13be placed into the State or national DNA database, to be used
14in accordance with other provisions of this Act, by the
15Illinois State Police.
16    (c-5) Any person required by paragraph (a-3) to provide
17specimens of blood, saliva, or tissue shall, where feasible, be
18required to provide the specimens before being accepted for
19conditioned residency in Illinois under the interstate compact
20or agreement, but no later than 45 days after arrival in this
21State.
22    (c-5.2) Unless it is determined that a registered sex
23offender has previously submitted a specimen of blood, saliva,
24or tissue that has been placed into the State DNA database, a
25person registering as a sex offender shall be required to
26submit a specimen at the time of his or her initial

 

 

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1registration pursuant to the Sex Offender Registration Act or,
2for a person registered as a sex offender on or prior to
3January 1, 2012 (the effective date of Public Act 97-383),
4within one year of January 1, 2012 (the effective date of
5Public Act 97-383) or at the time of his or her next required
6registration.
7    (c-6) The Illinois Department of State Police may determine
8which type of specimen or specimens, blood, saliva, or tissue,
9is acceptable for submission to the Division of Forensic
10Services for analysis. The Illinois Department of State Police
11may require the submission of fingerprints from anyone required
12to give a specimen under this Act.
13    (d) The Illinois Department of State Police shall provide
14all equipment and instructions necessary for the collection of
15blood specimens. The collection of specimens shall be performed
16in a medically approved manner. Only a physician authorized to
17practice medicine, a registered nurse or other qualified person
18trained in venipuncture may withdraw blood for the purposes of
19this Act. The specimens shall thereafter be forwarded to the
20Illinois Department of State Police, Division of Forensic
21Services, for analysis and categorizing into genetic marker
22groupings.
23    (d-1) The Illinois Department of State Police shall provide
24all equipment and instructions necessary for the collection of
25saliva specimens. The collection of saliva specimens shall be
26performed in a medically approved manner. Only a person trained

 

 

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1in the instructions promulgated by the Illinois State Police on
2collecting saliva may collect saliva for the purposes of this
3Section. The specimens shall thereafter be forwarded to the
4Illinois Department of State Police, Division of Forensic
5Services, for analysis and categorizing into genetic marker
6groupings.
7    (d-2) The Illinois Department of State Police shall provide
8all equipment and instructions necessary for the collection of
9tissue specimens. The collection of tissue specimens shall be
10performed in a medically approved manner. Only a person trained
11in the instructions promulgated by the Illinois State Police on
12collecting tissue may collect tissue for the purposes of this
13Section. The specimens shall thereafter be forwarded to the
14Illinois Department of State Police, Division of Forensic
15Services, for analysis and categorizing into genetic marker
16groupings.
17    (d-5) To the extent that funds are available, the Illinois
18Department of State Police shall contract with qualified
19personnel and certified laboratories for the collection,
20analysis, and categorization of known specimens, except as
21provided in subsection (n) of this Section.
22    (d-6) Agencies designated by the Illinois Department of
23State Police and the Illinois Department of State Police may
24contract with third parties to provide for the collection or
25analysis of DNA, or both, of an offender's blood, saliva, and
26tissue specimens, except as provided in subsection (n) of this

 

 

10000HB2591ham001- 172 -LRB100 06972 MRW 22771 a

1Section.
2    (e) The genetic marker groupings shall be maintained by the
3Illinois Department of State Police, Division of Forensic
4Services.
5    (f) The genetic marker grouping analysis information
6obtained pursuant to this Act shall be confidential and shall
7be released only to peace officers of the United States, of
8other states or territories, of the insular possessions of the
9United States, of foreign countries duly authorized to receive
10the same, to all peace officers of the State of Illinois and to
11all prosecutorial agencies, and to defense counsel as provided
12by Section 116-5 of the Code of Criminal Procedure of 1963. The
13genetic marker grouping analysis information obtained pursuant
14to this Act shall be used only for (i) valid law enforcement
15identification purposes and as required by the Federal Bureau
16of Investigation for participation in the National DNA
17database, (ii) technology validation purposes, (iii) a
18population statistics database, (iv) quality assurance
19purposes if personally identifying information is removed, (v)
20assisting in the defense of the criminally accused pursuant to
21Section 116-5 of the Code of Criminal Procedure of 1963, or
22(vi) identifying and assisting in the prosecution of a person
23who is suspected of committing a sexual assault as defined in
24Section 1a of the Sexual Assault Survivors Emergency Treatment
25Act. Notwithstanding any other statutory provision to the
26contrary, all information obtained under this Section shall be

 

 

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1maintained in a single State data base, which may be uploaded
2into a national database, and which information may be subject
3to expungement only as set forth in subsection (f-1).
4    (f-1) Upon receipt of notification of a reversal of a
5conviction based on actual innocence, or of the granting of a
6pardon pursuant to Section 12 of Article V of the Illinois
7Constitution, if that pardon document specifically states that
8the reason for the pardon is the actual innocence of an
9individual whose DNA record has been stored in the State or
10national DNA identification index in accordance with this
11Section by the Illinois Department of State Police, the DNA
12record shall be expunged from the DNA identification index, and
13the Department shall by rule prescribe procedures to ensure
14that the record and any specimens, analyses, or other documents
15relating to such record, whether in the possession of the
16Department or any law enforcement or police agency, or any
17forensic DNA laboratory, including any duplicates or copies
18thereof, are destroyed and a letter is sent to the court
19verifying the expungement is completed. For specimens required
20to be collected prior to conviction, unless the individual has
21other charges or convictions that require submission of a
22specimen, the DNA record for an individual shall be expunged
23from the DNA identification databases and the specimen
24destroyed upon receipt of a certified copy of a final court
25order for each charge against an individual in which the charge
26has been dismissed, resulted in acquittal, or that the charge

 

 

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1was not filed within the applicable time period. The Department
2shall by rule prescribe procedures to ensure that the record
3and any specimens in the possession or control of the
4Department are destroyed and a letter is sent to the court
5verifying the expungement is completed.
6    (f-5) Any person who intentionally uses genetic marker
7grouping analysis information, or any other information
8derived from a DNA specimen, beyond the authorized uses as
9provided under this Section, or any other Illinois law, is
10guilty of a Class 4 felony, and shall be subject to a fine of
11not less than $5,000.
12    (f-6) The Illinois Department of State Police may contract
13with third parties for the purposes of implementing this
14amendatory Act of the 93rd General Assembly, except as provided
15in subsection (n) of this Section. Any other party contracting
16to carry out the functions of this Section shall be subject to
17the same restrictions and requirements of this Section insofar
18as applicable, as the Illinois Department of State Police, and
19to any additional restrictions imposed by the Illinois
20Department of State Police.
21    (g) For the purposes of this Section, "qualifying offense"
22means 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
16State central repository for all genetic marker grouping
17analysis information obtained pursuant to this Act. The
18Illinois Department of State Police may promulgate rules for
19the form and manner of the collection of blood, saliva, or
20tissue specimens and other procedures for the operation of this
21Act. The provisions of the Administrative Review Law shall
22apply 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
9person who was previously required by subsection (a-3.2), to
10submit specimens of blood, saliva, or tissue to the Illinois
11Department of State Police for analysis and categorization into
12genetic marker grouping, in addition to any other disposition,
13penalty, or fine imposed, shall pay an analysis fee of $250. If
14the analysis fee is not paid at the time of sentencing, the
15court shall establish a fee schedule by which the entire amount
16of the analysis fee shall be paid in full, such schedule not to
17exceed 24 months from the time of conviction. The inability to
18pay this analysis fee shall not be the sole ground to
19incarcerate the person.
20    (k) All analysis and categorization assessments fees
21provided under the Criminal and Traffic Assessments Act to the
22State 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
3any person or agency to collect a specimen, shall in no way
4alter the obligation of the person to submit such specimen, or
5the authority of the Illinois Department of State Police or
6persons designated by the Department to collect the specimen,
7or the authority of the Illinois Department of State Police to
8accept, analyze and maintain the specimen or to maintain or
9upload results of genetic marker grouping analysis information
10into a State or national database.
11    (m) If any provision of this amendatory Act of the 93rd
12General Assembly is held unconstitutional or otherwise
13invalid, the remainder of this amendatory Act of the 93rd
14General Assembly is not affected.
15    (n) Neither the Department of State Police, the Division of
16Forensic Services, nor any laboratory of the Division of
17Forensic Services may contract out forensic testing for the
18purpose of an active investigation or a matter pending before a
19court of competent jurisdiction without the written consent of
20the prosecuting agency. For the purposes of this subsection
21(n), "forensic testing" includes the analysis of physical
22evidence in an investigation or other proceeding for the
23prosecution of a violation of the Criminal Code of 1961 or the
24Criminal Code of 2012 or for matters adjudicated under the
25Juvenile Court Act of 1987, and includes the use of forensic
26databases and databanks, including DNA, firearm, and

 

 

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1fingerprint databases, and expert testimony.
2    (o) Mistake does not invalidate a database match. The
3detention, arrest, or conviction of a person based upon a
4database match or database information is not invalidated if it
5is determined that the specimen was obtained or placed in the
6database by mistake.
7    (p) This Section may be referred to as the Illinois DNA
8Database Law of 2011.
9(Source: P.A. 97-383, eff. 1-1-12; 97-1109, eff. 1-1-13;
1097-1150, 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
13as otherwise provided, for all felonies:
14    (a) NO SUPERVISION. The court, upon a plea of guilty or a
15stipulation by the defendant of the facts supporting the charge
16or a finding of guilt, may not defer further proceedings and
17the imposition of a sentence and may not enter an order for
18supervision of the defendant.
19    (b) FELONY FINES. Unless otherwise specified by law, the
20minimum fine is $25. An offender may be sentenced to pay a fine
21not to exceed, for each offense, $25,000 or the amount
22specified in the offense, whichever is greater, or if the
23offender is a corporation, $50,000 or the amount specified in
24the offense, whichever is greater. A fine may be imposed in
25addition to a sentence of conditional discharge, probation,

 

 

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1periodic imprisonment, or imprisonment. See Article 9 of
2Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of
3additional amounts and determination of amounts and payment. If
4the court finds that the fine would impose an undue burden on
5the victim, the court may reduce or waive the fine.
6    (c) REASONS FOR SENTENCE STATED. The sentencing judge in
7each felony conviction shall set forth his or her reasons for
8imposing the particular sentence entered in the case, as
9provided in Section 5-4-1 (730 ILCS 5/5-4-1). Those reasons may
10include any mitigating or aggravating factors specified in this
11Code, or the lack of any such factors, as well as any other
12mitigating or aggravating factors that the judge sets forth on
13the record that are consistent with the purposes and principles
14of sentencing set out in this Code.
15    (d) MOTION TO REDUCE SENTENCE. A motion to reduce a
16sentence may be made, or the court may reduce a sentence
17without motion, within 30 days after the sentence is imposed. A
18defendant's challenge to the correctness of a sentence or to
19any aspect of the sentencing hearing shall be made by a written
20motion filed with the circuit court clerk within 30 days
21following the imposition of sentence. A motion not filed within
22that 30-day period is not timely. The court may not increase a
23sentence once it is imposed. A notice of motion must be filed
24with the motion. The notice of motion shall set the motion on
25the court's calendar on a date certain within a reasonable time
26after the date of filing.

 

 

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1    If a motion filed pursuant to this subsection is timely
2filed, the proponent of the motion shall exercise due diligence
3in seeking a determination on the motion and the court shall
4thereafter decide the motion within a reasonable time.
5    If a motion filed pursuant to this subsection is timely
6filed, then for purposes of perfecting an appeal, a final
7judgment is not considered to have been entered until the
8motion to reduce the sentence has been decided by order entered
9by the trial court.
10    (e) CONCURRENT SENTENCE; PREVIOUS UNEXPIRED FEDERAL OR
11OTHER-STATE SENTENCE. A defendant who has a previous and
12unexpired sentence of imprisonment imposed by another state or
13by any district court of the United States and who, after
14sentence for a crime in Illinois, must return to serve the
15unexpired prior sentence may have his or her sentence by the
16Illinois court ordered to be concurrent with the prior
17other-state or federal sentence. The court may order that any
18time served on the unexpired portion of the other-state or
19federal sentence, prior to his or her return to Illinois, shall
20be credited on his or her Illinois sentence. The appropriate
21official of the other state or the United States shall be
22furnished with a copy of the order imposing sentence, which
23shall provide that, when the offender is released from
24other-state or federal confinement, whether by parole or by
25termination of sentence, the offender shall be transferred by
26the Sheriff of the committing Illinois county to the Illinois

 

 

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1Department of Corrections. The court shall cause the Department
2of Corrections to be notified of the sentence at the time of
3commitment and to be provided with copies of all records
4regarding the sentence.
5    (f) REDUCTION; PREVIOUS UNEXPIRED ILLINOIS SENTENCE. A
6defendant who has a previous and unexpired sentence of
7imprisonment imposed by an Illinois circuit court for a crime
8in this State and who is subsequently sentenced to a term of
9imprisonment by another state or by any district court of the
10United States and who has served a term of imprisonment imposed
11by the other state or district court of the United States, and
12must return to serve the unexpired prior sentence imposed by
13the Illinois circuit court, may apply to the Illinois circuit
14court that imposed sentence to have his or her sentence
15reduced.
16    The circuit court may order that any time served on the
17sentence imposed by the other state or district court of the
18United States be credited on his or her Illinois sentence. The
19application for reduction of a sentence under this subsection
20shall be made within 30 days after the defendant has completed
21the sentence imposed by the other state or district court of
22the United States.
23    (g) NO REQUIRED BIRTH CONTROL. A court may not impose a
24sentence or disposition that requires the defendant to be
25implanted or injected with or to use any form of birth control.
26(Source: P.A. 95-1052, eff. 7-1-09.)
 

 

 

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1    (730 ILCS 5/5-4.5-55)
2    Sec. 5-4.5-55. CLASS A MISDEMEANORS; SENTENCE. For a Class
3A misdemeanor:
4    (a) TERM. The sentence of imprisonment shall be a
5determinate sentence of less than one year.
6    (b) PERIODIC IMPRISONMENT. A sentence of periodic
7imprisonment shall be for a definite term of less than one
8year, 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
115/5-8-1.2) concerning eligibility for the county impact
12incarceration program.
13    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
14in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
15period of probation or conditional discharge shall not exceed 2
16years. The court shall specify the conditions of probation or
17conditional discharge as set forth in Section 5-6-3 (730 ILCS
185/5-6-3).
19    (e) FINE. Unless otherwise specified by law, the minimum
20fine is $25. A fine not to exceed $2,500 for each offense or
21the amount specified in the offense, whichever is greater, may
22be imposed. A fine may be imposed in addition to a sentence of
23conditional discharge, probation, periodic imprisonment, or
24imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V,
25Art. 9) for imposition of additional amounts and determination

 

 

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1of amounts and payment. If the court finds that the fine would
2impose an undue burden on the victim, the court may reduce or
3waive the fine.
4    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
5concerning restitution.
6    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
7be concurrent or consecutive as provided in Section 5-8-4 (730
8ILCS 5/5-8-4).
9    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
10Act (730 ILCS 166/20) concerning eligibility for a drug court
11program.
12    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
13ILCS 5/5-4.5-100) concerning credit for time spent in home
14detention prior to judgment.
15    (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good
16Behavior Allowance Act (730 ILCS 130/) for rules and
17regulations for good behavior allowance.
18    (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS
195/5-8A-3) concerning eligibility for electronic home
20detention.
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
24B misdemeanor:
25    (a) TERM. The sentence of imprisonment shall be a

 

 

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1determinate sentence of not more than 6 months.
2    (b) PERIODIC IMPRISONMENT. A sentence of periodic
3imprisonment shall be for a definite term of up to 6 months or
4as 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
65/5-8-1.2) concerning eligibility for the county impact
7incarceration program.
8    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
9in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or
10conditional discharge shall not exceed 2 years. The court shall
11specify the conditions of probation or conditional discharge as
12set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
13    (e) FINE. Unless otherwise specified by law, the minimum
14fine is $25. A fine not to exceed $1,500 for each offense or
15the amount specified in the offense, whichever is greater, may
16be imposed. A fine may be imposed in addition to a sentence of
17conditional discharge, probation, periodic imprisonment, or
18imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V,
19Art. 9) for imposition of additional amounts and determination
20of amounts and payment. If the court finds that the fine would
21impose an undue burden on the victim, the court may reduce or
22waive the fine.
23    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
24concerning restitution.
25    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
26be concurrent or consecutive as provided in Section 5-8-4 (730

 

 

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1ILCS 5/5-8-4).
2    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
3Act (730 ILCS 166/20) concerning eligibility for a drug court
4program.
5    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
6ILCS 5/5-4.5-100) concerning credit for time spent in home
7detention prior to judgment.
8    (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good
9Behavior Allowance Act (730 ILCS 130/) for rules and
10regulations for good behavior allowance.
11    (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS
125/5-8A-3) concerning eligibility for electronic home
13detention.
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
17C misdemeanor:
18    (a) TERM. The sentence of imprisonment shall be a
19determinate sentence of not more than 30 days.
20    (b) PERIODIC IMPRISONMENT. A sentence of periodic
21imprisonment shall be for a definite term of up to 30 days or
22as 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
245/5-8-1.2) concerning eligibility for the county impact
25incarceration program.

 

 

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1    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
2in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or
3conditional discharge shall not exceed 2 years. The court shall
4specify the conditions of probation or conditional discharge as
5set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
6    (e) FINE. Unless otherwise specified by law, the minimum
7fine is $25. A fine not to exceed $1,500 for each offense or
8the amount specified in the offense, whichever is greater, may
9be imposed. A fine may be imposed in addition to a sentence of
10conditional discharge, probation, periodic imprisonment, or
11imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V,
12Art. 9) for imposition of additional amounts and determination
13of amounts and payment. If the court finds that the fine would
14impose an undue burden on the victim, the court may reduce or
15waive the fine.
16    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
17concerning restitution.
18    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
19be concurrent or consecutive as provided in Section 5-8-4 (730
20ILCS 5/5-8-4).
21    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
22Act (730 ILCS 166/20) concerning eligibility for a drug court
23program.
24    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
25ILCS 5/5-4.5-100) concerning credit for time spent in home
26detention prior to judgment.

 

 

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1    (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good
2Behavior Allowance Act (730 ILCS 130/) for rules and
3regulations for good behavior allowance.
4    (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS
55/5-8A-3) concerning eligibility for electronic home
6detention.
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
10otherwise provided, for a petty offense:
11    (a) FINE. Unless otherwise specified by law, the minimum
12fine is $25. A defendant may be sentenced to pay a fine not to
13exceed $1,000 for each offense or the amount specified in the
14offense, whichever is less. A fine may be imposed in addition
15to a sentence of conditional discharge or probation. See
16Article 9 of Chapter V (730 ILCS 5/Ch. V, Art. 9) for
17imposition of additional amounts and determination of amounts
18and payment. If the court finds that the fine would impose an
19undue burden on the victim, the court may reduce or waive the
20fine.
21    (b) PROBATION; CONDITIONAL DISCHARGE. Except as provided
22in Section 5-6-2 (730 ILCS 5/5-6-2), a defendant may be
23sentenced to a period of probation or conditional discharge not
24to exceed 6 months. The court shall specify the conditions of
25probation or conditional discharge as set forth in Section

 

 

10000HB2591ham001- 189 -LRB100 06972 MRW 22771 a

15-6-3 (730 ILCS 5/5-6-3).
2    (c) RESTITUTION. A defendant may be sentenced to make
3restitution to the victim under Section 5-5-6 (730 ILCS
45/5-5-6).
5    (d) SUPERVISION; ORDER. The court, upon a plea of guilty or
6a stipulation by the defendant of the facts supporting the
7charge or a finding of guilt, may defer further proceedings and
8the imposition of a sentence and may enter an order for
9supervision of the defendant. If the defendant is not barred
10from 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
12for supervision after considering the circumstances of the
13offense, and the history, character, and condition of the
14offender, 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
23supervision, the court shall enter an order for supervision
24specifying the period of supervision, and shall defer further
25proceedings in the case until the conclusion of the period. The
26period of supervision shall be reasonable under all of the

 

 

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1circumstances of the case, and except as otherwise provided,
2may not be longer than 2 years. The court shall specify the
3conditions of supervision as set forth in Section 5-6-3.1 (730
4ILCS 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
8otherwise provided, for a business offense:
9    (a) FINE. Unless otherwise specified by law, the minimum
10fine is $25. A defendant may be sentenced to pay a fine not to
11exceed for each offense the amount specified in the statute
12defining that offense. A fine may be imposed in addition to a
13sentence of conditional discharge. See Article 9 of Chapter V
14(730 ILCS 5/Ch. V, Art. 9) for imposition of additional amounts
15and determination of amounts and payment. If the court finds
16that the fine would impose an undue burden on the victim, the
17court may reduce or waive the fine.
18    (b) CONDITIONAL DISCHARGE. A defendant may be sentenced to
19a period of conditional discharge. The court shall specify the
20conditions of conditional discharge as set forth in Section
215-6-3 (730 ILCS 5/5-6-3).
22    (c) RESTITUTION. A defendant may be sentenced to make
23restitution to the victim under Section 5-5-6 (730 ILCS
245/5-5-6).
25    (d) SUPERVISION; ORDER. The court, upon a plea of guilty or

 

 

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1a stipulation by the defendant of the facts supporting the
2charge or a finding of guilt, may defer further proceedings and
3the imposition of a sentence and may enter an order for
4supervision of the defendant. If the defendant is not barred
5from 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
7for supervision after considering the circumstances of the
8offense, and the history, character, and condition of the
9offender, 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
18supervision, the court shall enter an order for supervision
19specifying the period of supervision, and shall defer further
20proceedings in the case until the conclusion of the period. The
21period of supervision shall be reasonable under all of the
22circumstances of the case, and except as otherwise provided,
23may not be longer than 2 years. The court shall specify the
24conditions of supervision as set forth in Section 5-6-3.1 (730
25ILCS 5/5-6-3.1).
26(Source: P.A. 95-1052, eff. 7-1-09.)
 

 

 

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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
7or conditional discharge shall not be imposed for the following
8offenses. The court shall sentence the offender to not less
9than the minimum term of imprisonment set forth in this Code
10for the following offenses, and may order a fine or restitution
11or 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

 

 

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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

 

 

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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

 

 

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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
5consecutive days or 30 days of community service shall be
6imposed for a violation of paragraph (c) of Section 6-303 of
7the Illinois Vehicle Code.
8    (4.1) (Blank).
9    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
10this subsection (c), a minimum of 100 hours of community
11service shall be imposed for a second violation of Section
126-303 of the Illinois Vehicle Code.
13    (4.3) A minimum term of imprisonment of 30 days or 300
14hours of community service, as determined by the court, shall
15be imposed for a second violation of subsection (c) of Section
166-303 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
1930 days or 300 hours of community service, as determined by the
20court, shall be imposed for a third or subsequent violation of
21Section 6-303 of the Illinois Vehicle Code.
22    (4.5) A minimum term of imprisonment of 30 days shall be
23imposed for a third violation of subsection (c) of Section
246-303 of the Illinois Vehicle Code.
25    (4.6) Except as provided in paragraph (4.10) of this
26subsection (c), a minimum term of imprisonment of 180 days

 

 

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1shall be imposed for a fourth or subsequent violation of
2subsection (c) of Section 6-303 of the Illinois Vehicle Code.
3    (4.7) A minimum term of imprisonment of not less than 30
4consecutive days, or 300 hours of community service, shall be
5imposed for a violation of subsection (a-5) of Section 6-303 of
6the Illinois Vehicle Code, as provided in subsection (b-5) of
7that Section.
8    (4.8) A mandatory prison sentence shall be imposed for a
9second violation of subsection (a-5) of Section 6-303 of the
10Illinois Vehicle Code, as provided in subsection (c-5) of that
11Section. The person's driving privileges shall be revoked for a
12period of not less than 5 years from the date of his or her
13release from prison.
14    (4.9) A mandatory prison sentence of not less than 4 and
15not more than 15 years shall be imposed for a third violation
16of subsection (a-5) of Section 6-303 of the Illinois Vehicle
17Code, as provided in subsection (d-2.5) of that Section. The
18person's driving privileges shall be revoked for the remainder
19of his or her life.
20    (4.10) A mandatory prison sentence for a Class 1 felony
21shall be imposed, and the person shall be eligible for an
22extended term sentence, for a fourth or subsequent violation of
23subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
24as provided in subsection (d-3.5) of that Section. The person's
25driving privileges shall be revoked for the remainder of his or
26her life.

 

 

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1    (5) The court may sentence a corporation or unincorporated
2association 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
8except as provided in paragraph (5.2) or (5.3), a person
9convicted of violating subsection (c) of Section 11-907 of the
10Illinois Vehicle Code shall have his or her driver's license,
11permit, or privileges suspended for at least 90 days but not
12more than one year, if the violation resulted in damage to the
13property of another person.
14    (5.2) In addition to any other penalties imposed, and
15except as provided in paragraph (5.3), a person convicted of
16violating subsection (c) of Section 11-907 of the Illinois
17Vehicle Code shall have his or her driver's license, permit, or
18privileges suspended for at least 180 days but not more than 2
19years, if the violation resulted in injury to another person.
20    (5.3) In addition to any other penalties imposed, a person
21convicted of violating subsection (c) of Section 11-907 of the
22Illinois Vehicle Code shall have his or her driver's license,
23permit, or privileges suspended for 2 years, if the violation
24resulted in the death of another person.
25    (5.4) In addition to any other penalties imposed, a person
26convicted of violating Section 3-707 of the Illinois Vehicle

 

 

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1Code shall have his or her driver's license, permit, or
2privileges suspended for 3 months and until he or she has paid
3a reinstatement fee of $100.
4    (5.5) In addition to any other penalties imposed, a person
5convicted of violating Section 3-707 of the Illinois Vehicle
6Code during a period in which his or her driver's license,
7permit, or privileges were suspended for a previous violation
8of that Section shall have his or her driver's license, permit,
9or privileges suspended for an additional 6 months after the
10expiration of the original 3-month suspension and until he or
11she 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
16of ritualized abuse of a child may be sentenced to a term of
17natural life imprisonment.
18    (10) (Blank).
19    (11) The court shall impose a minimum fine of $1,000 for a
20first offense and $2,000 for a second or subsequent offense
21upon a person convicted of or placed on supervision for battery
22when the individual harmed was a sports official or coach at
23any level of competition and the act causing harm to the sports
24official or coach occurred within an athletic facility or
25within the immediate vicinity of the athletic facility at which
26the sports official or coach was an active participant of the

 

 

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1athletic contest held at the athletic facility. For the
2purposes of this paragraph (11), "sports official" means a
3person at an athletic contest who enforces the rules of the
4contest, such as an umpire or referee; "athletic facility"
5means an indoor or outdoor playing field or recreational area
6where sports activities are conducted; and "coach" means a
7person recognized as a coach by the sanctioning authority that
8conducted the sporting event.
9    (12) A person may not receive a disposition of court
10supervision for a violation of Section 5-16 of the Boat
11Registration and Safety Act if that person has previously
12received a disposition of court supervision for a violation of
13that Section.
14    (13) A person convicted of or placed on court supervision
15for an assault or aggravated assault when the victim and the
16offender are family or household members as defined in Section
17103 of the Illinois Domestic Violence Act of 1986 or convicted
18of domestic battery or aggravated domestic battery may be
19required to attend a Partner Abuse Intervention Program under
20protocols set forth by the Illinois Department of Human
21Services under such terms and conditions imposed by the court.
22The costs of such classes shall be paid by the offender.
23    (d) In any case in which a sentence originally imposed is
24vacated, the case shall be remanded to the trial court. The
25trial court shall hold a hearing under Section 5-4-1 of the
26Unified Code of Corrections which may include evidence of the

 

 

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1defendant's life, moral character and occupation during the
2time since the original sentence was passed. The trial court
3shall then impose sentence upon the defendant. The trial court
4may impose any sentence which could have been imposed at the
5original trial subject to Section 5-5-4 of the Unified Code of
6Corrections. If a sentence is vacated on appeal or on
7collateral attack due to the failure of the trier of fact at
8trial to determine beyond a reasonable doubt the existence of a
9fact (other than a prior conviction) necessary to increase the
10punishment for the offense beyond the statutory maximum
11otherwise applicable, either the defendant may be re-sentenced
12to a term within the range otherwise provided or, if the State
13files notice of its intention to again seek the extended
14sentence, the defendant shall be afforded a new trial.
15    (e) In cases where prosecution for aggravated criminal
16sexual abuse under Section 11-1.60 or 12-16 of the Criminal
17Code of 1961 or the Criminal Code of 2012 results in conviction
18of a defendant who was a family member of the victim at the
19time of the commission of the offense, the court shall consider
20the safety and welfare of the victim and may impose a sentence
21of 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

 

 

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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
195-6-4; except where the court determines at the hearing that
20the defendant violated a condition of his or her probation
21restricting contact with the victim or other family members or
22commits another offense with the victim or other family
23members, the court shall revoke the defendant's probation and
24impose 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

 

 

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111-0.1 of the Criminal Code of 2012.
2    (f) (Blank).
3    (g) Whenever a defendant is convicted of an offense under
4Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
511-14.3, 11-14.4 except for an offense that involves keeping a
6place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
711-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
812-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
9Criminal Code of 2012, the defendant shall undergo medical
10testing to determine whether the defendant has any sexually
11transmissible disease, including a test for infection with
12human immunodeficiency virus (HIV) or any other identified
13causative agent of acquired immunodeficiency syndrome (AIDS).
14Any such medical test shall be performed only by appropriately
15licensed medical practitioners and may include an analysis of
16any bodily fluids as well as an examination of the defendant's
17person. Except as otherwise provided by law, the results of
18such test shall be kept strictly confidential by all medical
19personnel involved in the testing and must be personally
20delivered in a sealed envelope to the judge of the court in
21which the conviction was entered for the judge's inspection in
22camera. Acting in accordance with the best interests of the
23victim and the public, the judge shall have the discretion to
24determine to whom, if anyone, the results of the testing may be
25revealed. The court shall notify the defendant of the test
26results. The court shall also notify the victim if requested by

 

 

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1the victim, and if the victim is under the age of 15 and if
2requested by the victim's parents or legal guardian, the court
3shall notify the victim's parents or legal guardian of the test
4results. The court shall provide information on the
5availability of HIV testing and counseling at Department of
6Public Health facilities to all parties to whom the results of
7the testing are revealed and shall direct the State's Attorney
8to provide the information to the victim when possible. A
9State's Attorney may petition the court to obtain the results
10of any HIV test administered under this Section, and the court
11shall grant the disclosure if the State's Attorney shows it is
12relevant in order to prosecute a charge of criminal
13transmission of HIV under Section 12-5.01 or 12-16.2 of the
14Criminal Code of 1961 or the Criminal Code of 2012 against the
15defendant. The court shall order that the cost of any such test
16shall be paid by the county and may be taxed as costs against
17the convicted defendant.
18    (g-5) When an inmate is tested for an airborne communicable
19disease, as determined by the Illinois Department of Public
20Health including but not limited to tuberculosis, the results
21of the test shall be personally delivered by the warden or his
22or her designee in a sealed envelope to the judge of the court
23in which the inmate must appear for the judge's inspection in
24camera if requested by the judge. Acting in accordance with the
25best interests of those in the courtroom, the judge shall have
26the discretion to determine what if any precautions need to be

 

 

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1taken to prevent transmission of the disease in the courtroom.
2    (h) Whenever a defendant is convicted of an offense under
3Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
4defendant shall undergo medical testing to determine whether
5the defendant has been exposed to human immunodeficiency virus
6(HIV) or any other identified causative agent of acquired
7immunodeficiency syndrome (AIDS). Except as otherwise provided
8by law, the results of such test shall be kept strictly
9confidential by all medical personnel involved in the testing
10and must be personally delivered in a sealed envelope to the
11judge of the court in which the conviction was entered for the
12judge's inspection in camera. Acting in accordance with the
13best interests of the public, the judge shall have the
14discretion to determine to whom, if anyone, the results of the
15testing may be revealed. The court shall notify the defendant
16of a positive test showing an infection with the human
17immunodeficiency virus (HIV). The court shall provide
18information on the availability of HIV testing and counseling
19at Department of Public Health facilities to all parties to
20whom the results of the testing are revealed and shall direct
21the State's Attorney to provide the information to the victim
22when possible. A State's Attorney may petition the court to
23obtain the results of any HIV test administered under this
24Section, and the court shall grant the disclosure if the
25State's Attorney shows it is relevant in order to prosecute a
26charge of criminal transmission of HIV under Section 12-5.01 or

 

 

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112-16.2 of the Criminal Code of 1961 or the Criminal Code of
22012 against the defendant. The court shall order that the cost
3of any such test shall be paid by the county and may be taxed as
4costs against the convicted defendant.
5    (i) All fines and penalties imposed under this Section for
6any violation of Chapters 3, 4, 6, and 11 of the Illinois
7Vehicle Code, or a similar provision of a local ordinance, and
8any violation of the Child Passenger Protection Act, or a
9similar provision of a local ordinance, shall be collected and
10disbursed by the circuit clerk as provided under the Criminal
11and Traffic Assessment Act Section 27.5 of the Clerks of Courts
12Act.
13    (j) In cases when prosecution for any violation of Section
1411-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
1511-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1611-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1711-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1812-15, or 12-16 of the Criminal Code of 1961 or the Criminal
19Code of 2012, any violation of the Illinois Controlled
20Substances Act, any violation of the Cannabis Control Act, or
21any violation of the Methamphetamine Control and Community
22Protection Act results in conviction, a disposition of court
23supervision, or an order of probation granted under Section 10
24of the Cannabis Control Act, Section 410 of the Illinois
25Controlled Substances Act, or Section 70 of the Methamphetamine
26Control and Community Protection Act of a defendant, the court

 

 

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1shall determine whether the defendant is employed by a facility
2or center as defined under the Child Care Act of 1969, a public
3or private elementary or secondary school, or otherwise works
4with children under 18 years of age on a daily basis. When a
5defendant is so employed, the court shall order the Clerk of
6the Court to send a copy of the judgment of conviction or order
7of supervision or probation to the defendant's employer by
8certified mail. If the employer of the defendant is a school,
9the Clerk of the Court shall direct the mailing of a copy of
10the judgment of conviction or order of supervision or probation
11to the appropriate regional superintendent of schools. The
12regional superintendent of schools shall notify the State Board
13of Education of any notification under this subsection.
14    (j-5) A defendant at least 17 years of age who is convicted
15of a felony and who has not been previously convicted of a
16misdemeanor or felony and who is sentenced to a term of
17imprisonment in the Illinois Department of Corrections shall as
18a condition of his or her sentence be required by the court to
19attend educational courses designed to prepare the defendant
20for a high school diploma and to work toward a high school
21diploma or to work toward passing high school equivalency
22testing or to work toward completing a vocational training
23program offered by the Department of Corrections. If a
24defendant fails to complete the educational training required
25by his or her sentence during the term of incarceration, the
26Prisoner Review Board shall, as a condition of mandatory

 

 

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1supervised release, require the defendant, at his or her own
2expense, to pursue a course of study toward a high school
3diploma or passage of high school equivalency testing. The
4Prisoner Review Board shall revoke the mandatory supervised
5release of a defendant who wilfully fails to comply with this
6subsection (j-5) upon his or her release from confinement in a
7penal institution while serving a mandatory supervised release
8term; however, the inability of the defendant after making a
9good faith effort to obtain financial aid or pay for the
10educational training shall not be deemed a wilful failure to
11comply. The Prisoner Review Board shall recommit the defendant
12whose mandatory supervised release term has been revoked under
13this subsection (j-5) as provided in Section 3-3-9. This
14subsection (j-5) does not apply to a defendant who has a high
15school diploma or has successfully passed high school
16equivalency testing. This subsection (j-5) does not apply to a
17defendant who is determined by the court to be a person with a
18developmental disability or otherwise mentally incapable of
19completing 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
23Immigration and Nationality Act, is convicted of any felony or
24misdemeanor offense, the court after sentencing the defendant
25may, upon motion of the State's Attorney, hold sentence in
26abeyance and remand the defendant to the custody of the

 

 

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1Attorney General of the United States or his or her designated
2agent 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
10this Chapter V.
11    (B) If the defendant has already been sentenced for a
12felony or misdemeanor offense, or has been placed on probation
13under Section 10 of the Cannabis Control Act, Section 410 of
14the Illinois Controlled Substances Act, or Section 70 of the
15Methamphetamine Control and Community Protection Act, the
16court may, upon motion of the State's Attorney to suspend the
17sentence imposed, commit the defendant to the custody of the
18Attorney General of the United States or his or her designated
19agent 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

 

 

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1subject to the provisions of paragraph (2) of subsection (a) of
2Section 3-6-3.
3    (D) Upon motion of the State's Attorney, if a defendant
4sentenced under this Section returns to the jurisdiction of the
5United States, the defendant shall be recommitted to the
6custody of the county from which he or she was sentenced.
7Thereafter, the defendant shall be brought before the
8sentencing court, which may impose any sentence that was
9available under Section 5-5-3 at the time of initial
10sentencing. In addition, the defendant shall not be eligible
11for additional sentence credit for good conduct as provided
12under Section 3-6-3.
13    (m) A person convicted of criminal defacement of property
14under Section 21-1.3 of the Criminal Code of 1961 or the
15Criminal Code of 2012, in which the property damage exceeds
16$300 and the property damaged is a school building, shall be
17ordered to perform community service that may include cleanup,
18removal, or painting over the defacement.
19    (n) The court may sentence a person convicted of a
20violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
21subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
22of 1961 or the Criminal Code of 2012 (i) to an impact
23incarceration program if the person is otherwise eligible for
24that program under Section 5-8-1.1, (ii) to community service,
25or (iii) if the person is an addict or alcoholic, as defined in
26the Alcoholism and Other Drug Abuse and Dependency Act, to a

 

 

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1substance or alcohol abuse program licensed under that Act.
2    (o) Whenever a person is convicted of a sex offense as
3defined in Section 2 of the Sex Offender Registration Act, the
4defendant's driver's license or permit shall be subject to
5renewal on an annual basis in accordance with the provisions of
6license renewal established by the Secretary of State.
7(Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14;
899-143, 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
11the Criminal Code of 1961 or the Criminal Code of 2012 or of
12Section 11-501 of the Illinois Vehicle Code in which the person
13received any injury to his or her person or damage to his or
14her real or personal property as a result of the criminal act
15of the defendant, the court shall order restitution as provided
16in this Section. In all other cases, except cases in which
17restitution is required under this Section, the court must at
18the sentence hearing determine whether restitution is an
19appropriate sentence to be imposed on each defendant convicted
20of an offense. If the court determines that an order directing
21the offender to make restitution is appropriate, the offender
22may be sentenced to make restitution. The court may consider
23restitution an appropriate sentence to be imposed on each
24defendant convicted of an offense in addition to a sentence of
25imprisonment. The sentence of the defendant to a term of

 

 

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1imprisonment is not a mitigating factor that prevents the court
2from ordering the defendant to pay restitution. If the offender
3is sentenced to make restitution the Court shall determine the
4restitution 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

 

 

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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