HB1258 EnrolledLRB097 06291 RLC 46367 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Clerks of Courts Act is amended by changing
5Section 27.6 as follows:
 
6    (705 ILCS 105/27.6)
7    (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625,
896-667, 96-1175, and 96-1342)
9    Sec. 27.6. (a) All fees, fines, costs, additional
10penalties, bail balances assessed or forfeited, and any other
11amount paid by a person to the circuit clerk equalling an
12amount of $55 or more, except the fine imposed by Section
135-9-1.15 of the Unified Code of Corrections, the additional fee
14required by subsections (b) and (c), restitution under Section
155-5-6 of the Unified Code of Corrections, contributions to a
16local anti-crime program ordered pursuant to Section
175-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
18Corrections, reimbursement for the costs of an emergency
19response as provided under Section 11-501 of the Illinois
20Vehicle Code, any fees collected for attending a traffic safety
21program under paragraph (c) of Supreme Court Rule 529, any fee
22collected on behalf of a State's Attorney under Section 4-2002
23of the Counties Code or a sheriff under Section 4-5001 of the

 

 

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1Counties Code, or any cost imposed under Section 124A-5 of the
2Code of Criminal Procedure of 1963, for convictions, orders of
3supervision, or any other disposition for a violation of
4Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
5similar provision of a local ordinance, and any violation of
6the Child Passenger Protection Act, or a similar provision of a
7local ordinance, and except as otherwise provided in this
8Section shall be disbursed within 60 days after receipt by the
9circuit clerk as follows: 44.5% shall be disbursed to the
10entity authorized by law to receive the fine imposed in the
11case; 16.825% shall be disbursed to the State Treasurer; and
1238.675% shall be disbursed to the county's general corporate
13fund. Of the 16.825% disbursed to the State Treasurer, 2/17
14shall be deposited by the State Treasurer into the Violent
15Crime Victims Assistance Fund, 5.052/17 shall be deposited into
16the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
17be deposited into the Drivers Education Fund, and 6.948/17
18shall be deposited into the Trauma Center Fund. Of the 6.948/17
19deposited into the Trauma Center Fund from the 16.825%
20disbursed to the State Treasurer, 50% shall be disbursed to the
21Department of Public Health and 50% shall be disbursed to the
22Department of Healthcare and Family Services. For fiscal year
231993, amounts deposited into the Violent Crime Victims
24Assistance Fund, the Traffic and Criminal Conviction Surcharge
25Fund, or the Drivers Education Fund shall not exceed 110% of
26the amounts deposited into those funds in fiscal year 1991. Any

 

 

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1amount that exceeds the 110% limit shall be distributed as
2follows: 50% shall be disbursed to the county's general
3corporate fund and 50% shall be disbursed to the entity
4authorized by law to receive the fine imposed in the case. Not
5later than March 1 of each year the circuit clerk shall submit
6a report of the amount of funds remitted to the State Treasurer
7under this Section during the preceding year based upon
8independent verification of fines and fees. All counties shall
9be subject to this Section, except that counties with a
10population under 2,000,000 may, by ordinance, elect not to be
11subject to this Section. For offenses subject to this Section,
12judges shall impose one total sum of money payable for
13violations. The circuit clerk may add on no additional amounts
14except for amounts that are required by Sections 27.3a and
1527.3c of this Act, unless those amounts are specifically waived
16by the judge. With respect to money collected by the circuit
17clerk as a result of forfeiture of bail, ex parte judgment or
18guilty plea pursuant to Supreme Court Rule 529, the circuit
19clerk shall first deduct and pay amounts required by Sections
2027.3a and 27.3c of this Act. This Section is a denial and
21limitation of home rule powers and functions under subsection
22(h) of Section 6 of Article VII of the Illinois Constitution.
23    (b) In addition to any other fines and court costs assessed
24by the courts, any person convicted or receiving an order of
25supervision for driving under the influence of alcohol or drugs
26shall pay an additional fee of $100 to the clerk of the circuit

 

 

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1court. This amount, less 2 1/2% that shall be used to defray
2administrative costs incurred by the clerk, shall be remitted
3by the clerk to the Treasurer within 60 days after receipt for
4deposit into the Trauma Center Fund. This additional fee of
5$100 shall not be considered a part of the fine for purposes of
6any reduction in the fine for time served either before or
7after sentencing. Not later than March 1 of each year the
8Circuit Clerk shall submit a report of the amount of funds
9remitted to the State Treasurer under this subsection during
10the preceding calendar year.
11    (b-1) In addition to any other fines and court costs
12assessed by the courts, any person convicted or receiving an
13order of supervision for driving under the influence of alcohol
14or drugs shall pay an additional fee of $5 to the clerk of the
15circuit court. This amount, less 2 1/2% that shall be used to
16defray administrative costs incurred by the clerk, shall be
17remitted by the clerk to the Treasurer within 60 days after
18receipt for deposit into the Spinal Cord Injury Paralysis Cure
19Research Trust Fund. This additional fee of $5 shall not be
20considered a part of the fine for purposes of any reduction in
21the fine for time served either before or after sentencing. Not
22later than March 1 of each year the Circuit Clerk shall submit
23a report of the amount of funds remitted to the State Treasurer
24under this subsection during the preceding calendar year.
25    (c) In addition to any other fines and court costs assessed
26by the courts, any person convicted for a violation of Sections

 

 

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124-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or a
2person sentenced for a violation of the Cannabis Control Act,
3the Illinois Controlled Substances Act, or the Methamphetamine
4Control and Community Protection Act shall pay an additional
5fee of $100 to the clerk of the circuit court. This amount,
6less 2 1/2% that shall be used to defray administrative costs
7incurred by the clerk, shall be remitted by the clerk to the
8Treasurer within 60 days after receipt for deposit into the
9Trauma Center Fund. This additional fee of $100 shall not be
10considered a part of the fine for purposes of any reduction in
11the fine for time served either before or after sentencing. Not
12later than March 1 of each year the Circuit Clerk shall submit
13a report of the amount of funds remitted to the State Treasurer
14under this subsection during the preceding calendar year.
15    (c-1) In addition to any other fines and court costs
16assessed by the courts, any person sentenced for a violation of
17the Cannabis Control Act, the Illinois Controlled Substances
18Act, or the Methamphetamine Control and Community Protection
19Act shall pay an additional fee of $5 to the clerk of the
20circuit court. This amount, less 2 1/2% that shall be used to
21defray administrative costs incurred by the clerk, shall be
22remitted by the clerk to the Treasurer within 60 days after
23receipt for deposit into the Spinal Cord Injury Paralysis Cure
24Research Trust Fund. This additional fee of $5 shall not be
25considered a part of the fine for purposes of any reduction in
26the fine for time served either before or after sentencing. Not

 

 

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1later than March 1 of each year the Circuit Clerk shall submit
2a report of the amount of funds remitted to the State Treasurer
3under this subsection during the preceding calendar year.
4    (d) The following amounts must be remitted to the State
5Treasurer for deposit into the Illinois Animal Abuse Fund:
6        (1) 50% of the amounts collected for felony offenses
7    under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
8    5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
9    Animals Act and Section 26-5 of the Criminal Code of 1961;
10        (2) 20% of the amounts collected for Class A and Class
11    B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
12    5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
13    for Animals Act and Section 26-5 of the Criminal Code of
14    1961; and
15        (3) 50% of the amounts collected for Class C
16    misdemeanors under Sections 4.01 and 7.1 of the Humane Care
17    for Animals Act and Section 26-5 of the Criminal Code of
18    1961.
19    (e) Any person who receives a disposition of court
20supervision for a violation of the Illinois Vehicle Code or a
21similar provision of a local ordinance shall, in addition to
22any other fines, fees, and court costs, pay an additional fee
23of $29, to be disbursed as provided in Section 16-104c of the
24Illinois Vehicle Code. In addition to the fee of $29, the
25person shall also pay a fee of $6, if not waived by the court.
26If this $6 fee is collected, $5.50 of the fee shall be

 

 

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1deposited into the Circuit Court Clerk Operation and
2Administrative Fund created by the Clerk of the Circuit Court
3and 50 cents of the fee shall be deposited into the Prisoner
4Review Board Vehicle and Equipment Fund in the State treasury.
5    (f) This Section does not apply to the additional child
6pornography fines assessed and collected under Section
75-9-1.14 of the Unified Code of Corrections.
8    (g) (Blank).
9    (h) (Blank).
10    (i) Of the amounts collected as fines under subsection (b)
11of Section 3-712 of the Illinois Vehicle Code, 99% shall be
12deposited into the Illinois Military Family Relief Fund and 1%
13shall be deposited into the Circuit Court Clerk Operation and
14Administrative Fund created by the Clerk of the Circuit Court
15to be used to offset the costs incurred by the Circuit Court
16Clerk in performing the additional duties required to collect
17and disburse funds to entities of State and local government as
18provided by law.
19    (j) Any person convicted of, pleading guilty to, or placed
20on supervision for a serious traffic violation, as defined in
21Section 1-187.001 of the Illinois Vehicle Code, a violation of
22Section 11-501 of the Illinois Vehicle Code, or a violation of
23a similar provision of a local ordinance shall pay an
24additional fee of $35, to be disbursed as provided in Section
2516-104d of that Code.
26    This subsection (j) (h) becomes inoperative 7 years after

 

 

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1the effective date of Public Act 95-154.
2    (k) For any conviction or disposition of court supervision
3for a violation of Section 11-1429 of the Illinois Vehicle
4Code, the circuit clerk shall distribute the fines paid by the
5person as specified by subsection (h) of Section 11-1429 of the
6Illinois Vehicle Code.
7    (l) Any person who receives a disposition of court
8supervision for a violation of Section 11-501 of the Illinois
9Vehicle Code or a similar provision of a local ordinance shall,
10in addition to any other fines, fees, and court costs, pay an
11additional fee of $50, which shall be collected by the circuit
12clerk and then remitted to the State Treasurer for deposit into
13the Roadside Memorial Fund, a special fund in the State
14treasury. However, the court may waive the fee if full
15restitution is complied with. Subject to appropriation, all
16moneys in the Roadside Memorial Fund shall be used by the
17Department of Transportation to pay fees imposed under
18subsection (f) of Section 20 of the Roadside Memorial Act. The
19fee shall be remitted by the circuit clerk within one month
20after receipt to the State Treasurer for deposit into the
21Roadside Memorial Fund.
22    (m) Of the amounts collected as fines under subsection (c)
23of Section 411.4 of the Illinois Controlled Substances Act or
24subsection (c) of Section 90 of the Methamphetamine Control and
25Community Protection Act, 99% shall be deposited to the law
26enforcement agency or fund specified and 1% shall be deposited

 

 

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1into the Circuit Court Clerk Operation and Administrative Fund
2to be used to offset the costs incurred by the Circuit Court
3Clerk in performing the additional duties required to collect
4and disburse funds to entities of State and local government as
5provided by law.
6(Source: P.A. 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428,
7eff. 8-24-07; 95-600, eff. 6-1-08; 95-876, eff. 8-21-08;
896-286, eff. 8-11-09; 96-576, eff. 8-18-09; 96-578, eff.
98-18-09; 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-1175,
10eff. 9-20-10; 96-1342, eff. 1-1-11; revised 9-16-10.)
 
11    (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667,
1296-735, 96-1175, and 96-1342)
13    Sec. 27.6. (a) All fees, fines, costs, additional
14penalties, bail balances assessed or forfeited, and any other
15amount paid by a person to the circuit clerk equalling an
16amount of $55 or more, except the fine imposed by Section
175-9-1.15 of the Unified Code of Corrections, the additional fee
18required by subsections (b) and (c), restitution under Section
195-5-6 of the Unified Code of Corrections, contributions to a
20local anti-crime program ordered pursuant to Section
215-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
22Corrections, reimbursement for the costs of an emergency
23response as provided under Section 11-501 of the Illinois
24Vehicle Code, any fees collected for attending a traffic safety
25program under paragraph (c) of Supreme Court Rule 529, any fee

 

 

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1collected on behalf of a State's Attorney under Section 4-2002
2of the Counties Code or a sheriff under Section 4-5001 of the
3Counties Code, or any cost imposed under Section 124A-5 of the
4Code of Criminal Procedure of 1963, for convictions, orders of
5supervision, or any other disposition for a violation of
6Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
7similar provision of a local ordinance, and any violation of
8the Child Passenger Protection Act, or a similar provision of a
9local ordinance, and except as otherwise provided in this
10Section shall be disbursed within 60 days after receipt by the
11circuit clerk as follows: 44.5% shall be disbursed to the
12entity authorized by law to receive the fine imposed in the
13case; 16.825% shall be disbursed to the State Treasurer; and
1438.675% shall be disbursed to the county's general corporate
15fund. Of the 16.825% disbursed to the State Treasurer, 2/17
16shall be deposited by the State Treasurer into the Violent
17Crime Victims Assistance Fund, 5.052/17 shall be deposited into
18the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
19be deposited into the Drivers Education Fund, and 6.948/17
20shall be deposited into the Trauma Center Fund. Of the 6.948/17
21deposited into the Trauma Center Fund from the 16.825%
22disbursed to the State Treasurer, 50% shall be disbursed to the
23Department of Public Health and 50% shall be disbursed to the
24Department of Healthcare and Family Services. For fiscal year
251993, amounts deposited into the Violent Crime Victims
26Assistance Fund, the Traffic and Criminal Conviction Surcharge

 

 

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1Fund, or the Drivers Education Fund shall not exceed 110% of
2the amounts deposited into those funds in fiscal year 1991. Any
3amount that exceeds the 110% limit shall be distributed as
4follows: 50% shall be disbursed to the county's general
5corporate fund and 50% shall be disbursed to the entity
6authorized by law to receive the fine imposed in the case. Not
7later than March 1 of each year the circuit clerk shall submit
8a report of the amount of funds remitted to the State Treasurer
9under this Section during the preceding year based upon
10independent verification of fines and fees. All counties shall
11be subject to this Section, except that counties with a
12population under 2,000,000 may, by ordinance, elect not to be
13subject to this Section. For offenses subject to this Section,
14judges shall impose one total sum of money payable for
15violations. The circuit clerk may add on no additional amounts
16except for amounts that are required by Sections 27.3a and
1727.3c of this Act, Section 16-104c of the Illinois Vehicle
18Code, and subsection (a) of Section 5-1101 of the Counties
19Code, unless those amounts are specifically waived by the
20judge. With respect to money collected by the circuit clerk as
21a result of forfeiture of bail, ex parte judgment or guilty
22plea pursuant to Supreme Court Rule 529, the circuit clerk
23shall first deduct and pay amounts required by Sections 27.3a
24and 27.3c of this Act. Unless a court ordered payment schedule
25is implemented or fee requirements are waived pursuant to court
26order, the clerk of the court may add to any unpaid fees and

 

 

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1costs a delinquency amount equal to 5% of the unpaid fees that
2remain unpaid after 30 days, 10% of the unpaid fees that remain
3unpaid after 60 days, and 15% of the unpaid fees that remain
4unpaid after 90 days. Notice to those parties may be made by
5signage posting or publication. The additional delinquency
6amounts collected under this Section shall be deposited in the
7Circuit Court Clerk Operation and Administrative Fund to be
8used to defray administrative costs incurred by the circuit
9clerk in performing the duties required to collect and disburse
10funds. This Section is a denial and limitation of home rule
11powers and functions under subsection (h) of Section 6 of
12Article VII of the Illinois Constitution.
13    (b) In addition to any other fines and court costs assessed
14by the courts, any person convicted or receiving an order of
15supervision for driving under the influence of alcohol or drugs
16shall pay an additional fee of $100 to the clerk of the circuit
17court. This amount, less 2 1/2% that shall be used to defray
18administrative costs incurred by the clerk, shall be remitted
19by the clerk to the Treasurer within 60 days after receipt for
20deposit into the Trauma Center Fund. This additional fee of
21$100 shall not be considered a part of the fine for purposes of
22any reduction in the fine for time served either before or
23after sentencing. Not later than March 1 of each year the
24Circuit Clerk shall submit a report of the amount of funds
25remitted to the State Treasurer under this subsection during
26the preceding calendar year.

 

 

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1    (b-1) In addition to any other fines and court costs
2assessed by the courts, any person convicted or receiving an
3order of supervision for driving under the influence of alcohol
4or drugs shall pay an additional fee of $5 to the clerk of the
5circuit court. This amount, less 2 1/2% that shall be used to
6defray administrative costs incurred by the clerk, shall be
7remitted by the clerk to the Treasurer within 60 days after
8receipt for deposit into the Spinal Cord Injury Paralysis Cure
9Research Trust Fund. This additional fee of $5 shall not be
10considered a part of the fine for purposes of any reduction in
11the fine for time served either before or after sentencing. Not
12later than March 1 of each year the Circuit Clerk shall submit
13a report of the amount of funds remitted to the State Treasurer
14under this subsection during the preceding calendar year.
15    (c) In addition to any other fines and court costs assessed
16by the courts, any person convicted for a violation of Sections
1724-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or a
18person sentenced for a violation of the Cannabis Control Act,
19the Illinois Controlled Substances Act, or the Methamphetamine
20Control and Community Protection Act shall pay an additional
21fee of $100 to the clerk of the circuit court. This amount,
22less 2 1/2% that shall be used to defray administrative costs
23incurred by the clerk, shall be remitted by the clerk to the
24Treasurer within 60 days after receipt for deposit into the
25Trauma Center Fund. This additional fee of $100 shall not be
26considered a part of the fine for purposes of any reduction in

 

 

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1the fine for time served either before or after sentencing. Not
2later than March 1 of each year the Circuit Clerk shall submit
3a report of the amount of funds remitted to the State Treasurer
4under this subsection during the preceding calendar year.
5    (c-1) In addition to any other fines and court costs
6assessed by the courts, any person sentenced for a violation of
7the Cannabis Control Act, the Illinois Controlled Substances
8Act, or the Methamphetamine Control and Community Protection
9Act shall pay an additional fee of $5 to the clerk of the
10circuit court. This amount, less 2 1/2% that shall be used to
11defray administrative costs incurred by the clerk, shall be
12remitted by the clerk to the Treasurer within 60 days after
13receipt for deposit into the Spinal Cord Injury Paralysis Cure
14Research Trust Fund. This additional fee of $5 shall not be
15considered a part of the fine for purposes of any reduction in
16the fine for time served either before or after sentencing. Not
17later than March 1 of each year the Circuit Clerk shall submit
18a report of the amount of funds remitted to the State Treasurer
19under this subsection during the preceding calendar year.
20    (d) The following amounts must be remitted to the State
21Treasurer for deposit into the Illinois Animal Abuse Fund:
22        (1) 50% of the amounts collected for felony offenses
23    under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
24    5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
25    Animals Act and Section 26-5 of the Criminal Code of 1961;
26        (2) 20% of the amounts collected for Class A and Class

 

 

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1    B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
2    5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
3    for Animals Act and Section 26-5 of the Criminal Code of
4    1961; and
5        (3) 50% of the amounts collected for Class C
6    misdemeanors under Sections 4.01 and 7.1 of the Humane Care
7    for Animals Act and Section 26-5 of the Criminal Code of
8    1961.
9    (e) Any person who receives a disposition of court
10supervision for a violation of the Illinois Vehicle Code or a
11similar provision of a local ordinance shall, in addition to
12any other fines, fees, and court costs, pay an additional fee
13of $29, to be disbursed as provided in Section 16-104c of the
14Illinois Vehicle Code. In addition to the fee of $29, the
15person shall also pay a fee of $6, if not waived by the court.
16If this $6 fee is collected, $5.50 of the fee shall be
17deposited into the Circuit Court Clerk Operation and
18Administrative Fund created by the Clerk of the Circuit Court
19and 50 cents of the fee shall be deposited into the Prisoner
20Review Board Vehicle and Equipment Fund in the State treasury.
21    (f) This Section does not apply to the additional child
22pornography fines assessed and collected under Section
235-9-1.14 of the Unified Code of Corrections.
24    (g) Any person convicted of or pleading guilty to a serious
25traffic violation, as defined in Section 1-187.001 of the
26Illinois Vehicle Code, shall pay an additional fee of $35, to

 

 

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1be disbursed as provided in Section 16-104d of that Code. This
2subsection (g) becomes inoperative 7 years after the effective
3date of Public Act 95-154.
4    (h) In all counties having a population of 3,000,000 or
5more inhabitants,
6        (1) A person who is found guilty of or pleads guilty to
7    violating subsection (a) of Section 11-501 of the Illinois
8    Vehicle Code, including any person placed on court
9    supervision for violating subsection (a), shall be fined
10    $750 as provided for by subsection (f) of Section 11-501.01
11    of the Illinois Vehicle Code, payable to the circuit clerk,
12    who shall distribute the money pursuant to subsection (f)
13    of Section 11-501.01 of the Illinois Vehicle Code.
14        (2) When a crime laboratory DUI analysis fee of $150,
15    provided for by Section 5-9-1.9 of the Unified Code of
16    Corrections is assessed, it shall be disbursed by the
17    circuit clerk as provided by subsection (f) of Section
18    5-9-1.9 of the Unified Code of Corrections.
19        (3) When a fine for a violation of Section 11-605.1 of
20    the Illinois Vehicle Code is $250 or greater, the person
21    who violated that Section shall be charged an additional
22    $125 as provided for by subsection (e) of Section 11-605.1
23    of the Illinois Vehicle Code, which shall be disbursed by
24    the circuit clerk to a State or county Transportation
25    Safety Highway Hire-back Fund as provided by subsection (e)
26    of Section 11-605.1 of the Illinois Vehicle Code.

 

 

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1        (4) When a fine for a violation of subsection (a) of
2    Section 11-605 of the Illinois Vehicle Code is $150 or
3    greater, the additional $50 which is charged as provided
4    for by subsection (f) of Section 11-605 of the Illinois
5    Vehicle Code shall be disbursed by the circuit clerk to a
6    school district or districts for school safety purposes as
7    provided by subsection (f) of Section 11-605.
8        (5) When a fine for a violation of subsection (a) of
9    Section 11-1002.5 of the Illinois Vehicle Code is $150 or
10    greater, the additional $50 which is charged as provided
11    for by subsection (c) of Section 11-1002.5 of the Illinois
12    Vehicle Code shall be disbursed by the circuit clerk to a
13    school district or districts for school safety purposes as
14    provided by subsection (c) of Section 11-1002.5 of the
15    Illinois Vehicle Code.
16        (6) When a mandatory drug court fee of up to $5 is
17    assessed as provided in subsection (f) of Section 5-1101 of
18    the Counties Code, it shall be disbursed by the circuit
19    clerk as provided in subsection (f) of Section 5-1101 of
20    the Counties Code.
21        (7) When a mandatory teen court, peer jury, youth
22    court, or other youth diversion program fee is assessed as
23    provided in subsection (e) of Section 5-1101 of the
24    Counties Code, it shall be disbursed by the circuit clerk
25    as provided in subsection (e) of Section 5-1101 of the
26    Counties Code.

 

 

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1        (8) When a Children's Advocacy Center fee is assessed
2    pursuant to subsection (f-5) of Section 5-1101 of the
3    Counties Code, it shall be disbursed by the circuit clerk
4    as provided in subsection (f-5) of Section 5-1101 of the
5    Counties Code.
6        (9) When a victim impact panel fee is assessed pursuant
7    to subsection (b) of Section 11-501.01 of the Vehicle Code,
8    it shall be disbursed by the circuit clerk to the victim
9    impact panel to be attended by the defendant.
10        (10) When a new fee collected in traffic cases is
11    enacted after the effective date of this subsection (h), it
12    shall be excluded from the percentage disbursement
13    provisions of this Section unless otherwise indicated by
14    law.
15    (i) Of the amounts collected as fines under subsection (b)
16of Section 3-712 of the Illinois Vehicle Code, 99% shall be
17deposited into the Illinois Military Family Relief Fund and 1%
18shall be deposited into the Circuit Court Clerk Operation and
19Administrative Fund created by the Clerk of the Circuit Court
20to be used to offset the costs incurred by the Circuit Court
21Clerk in performing the additional duties required to collect
22and disburse funds to entities of State and local government as
23provided by law.
24    (j) (Blank).
25    (k) For any conviction or disposition of court supervision
26for a violation of Section 11-1429 of the Illinois Vehicle

 

 

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1Code, the circuit clerk shall distribute the fines paid by the
2person as specified by subsection (h) of Section 11-1429 of the
3Illinois Vehicle Code.
4    (l) Any person who receives a disposition of court
5supervision for a violation of Section 11-501 of the Illinois
6Vehicle Code or a similar provision of a local ordinance shall,
7in addition to any other fines, fees, and court costs, pay an
8additional fee of $50, which shall be collected by the circuit
9clerk and then remitted to the State Treasurer for deposit into
10the Roadside Memorial Fund, a special fund in the State
11treasury. However, the court may waive the fee if full
12restitution is complied with. Subject to appropriation, all
13moneys in the Roadside Memorial Fund shall be used by the
14Department of Transportation to pay fees imposed under
15subsection (f) of Section 20 of the Roadside Memorial Act. The
16fee shall be remitted by the circuit clerk within one month
17after receipt to the State Treasurer for deposit into the
18Roadside Memorial Fund.
19    (m) Of the amounts collected as fines under subsection (c)
20of Section 411.4 of the Illinois Controlled Substances Act or
21subsection (c) of Section 90 of the Methamphetamine Control and
22Community Protection Act, 99% shall be deposited to the law
23enforcement agency or fund specified and 1% shall be deposited
24into the Circuit Court Clerk Operation and Administrative Fund
25to be used to offset the costs incurred by the Circuit Court
26Clerk in performing the additional duties required to collect

 

 

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1and disburse funds to entities of State and local government as
2provided by law.
3(Source: P.A. 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428,
4eff. 8-24-07; 95-600, eff. 6-1-08; 95-876, eff. 8-21-08;
596-576, eff. 8-18-09; 96-578, eff. 8-18-09; 96-625, eff.
61-1-10; 96-667, eff. 8-25-09; 96-735, eff. 1-1-10; 96-1175,
7eff. 9-20-10; 96-1342, eff. 1-1-11; revised 9-16-10.)
 
8    Section 10. The Illinois Controlled Substances Act is
9amended by adding Section 411.4 as follows:
 
10    (720 ILCS 570/411.4 new)
11    Sec. 411.4. Reimbursement of unit of government for
12emergency response.
13    (a) As used in this Section, "emergency response" means the
14act of collecting evidence from or securing a site where
15controlled substances were manufactured, or where by-products
16from the manufacture of controlled substances are present, and
17cleaning up the site, whether these actions are performed by
18public entities or private contractors paid by public entities.
19    (b) Every person convicted of violating Section 401, 407,
20or 407.2 of this Act whose violation proximately caused any
21incident resulting in an appropriate emergency response shall
22be liable for the expense of an emergency response and shall be
23assessed a fine of $750, payable to the circuit clerk, who
24shall distribute the money to the law enforcement agency that

 

 

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1made the arrest. If the person has been previously convicted of
2violating Section 401, 407, or 407.2 of this Act, the fine
3shall be $1,000, and the circuit clerk shall distribute the
4money to the law enforcement agency that made the arrest. In
5the event that more than one agency is responsible for the
6arrest, the amount payable to law enforcement agencies shall be
7shared equally. Any moneys received by a law enforcement agency
8under this Section shall be used for law enforcement expenses.
9    Any moneys collected for the Illinois State Police shall be
10deposited into the Traffic and Criminal Conviction Surcharge
11Fund.
 
12    Section 15. The Methamphetamine Control and Community
13Protection Act is amended by changing Sections 10 and 90 as
14follows:
 
15    (720 ILCS 646/10)
16    Sec. 10. Definitions. As used in this Act:
17    "Anhydrous ammonia" has the meaning provided in subsection
18(d) of Section 3 of the Illinois Fertilizer Act of 1961.
19    "Anhydrous ammonia equipment" means all items used to
20store, hold, contain, handle, transfer, transport, or apply
21anhydrous ammonia for lawful purposes.
22    "Booby trap" means any device designed to cause physical
23injury when triggered by an act of a person approaching,
24entering, or moving through a structure, a vehicle, or any

 

 

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1location where methamphetamine has been manufactured, is being
2manufactured, or is intended to be manufactured.
3    "Deliver" or "delivery" has the meaning provided in
4subsection (h) of Section 102 of the Illinois Controlled
5Substances Act.
6    "Director" means the Director of State Police or the
7Director's designated agents.
8    "Dispose" or "disposal" means to abandon, discharge,
9release, deposit, inject, dump, spill, leak, or place
10methamphetamine waste onto or into any land, water, or well of
11any type so that the waste has the potential to enter the
12environment, be emitted into the air, or be discharged into the
13soil or any waters, including groundwater.
14    "Emergency response" means the act of collecting evidence
15from or , securing a methamphetamine laboratory site,
16methamphetamine waste site or other methamphetamine-related
17site and cleaning up the site, whether these actions are
18performed by public entities or private contractors paid by
19public entities.
20    "Emergency service provider" means a local, State, or
21federal peace officer, firefighter, emergency medical
22technician-ambulance, emergency medical
23technician-intermediate, emergency medical
24technician-paramedic, ambulance driver, or other medical or
25first aid personnel rendering aid, or any agent or designee of
26the foregoing.

 

 

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1    "Finished methamphetamine" means methamphetamine in a form
2commonly used for personal consumption.
3    "Firearm" has the meaning provided in Section 1.1 of the
4Firearm Owners Identification Card Act.
5    "Manufacture" means to produce, prepare, compound,
6convert, process, synthesize, concentrate, purify, separate,
7extract, or package any methamphetamine, methamphetamine
8precursor, methamphetamine manufacturing catalyst,
9methamphetamine manufacturing reagent, methamphetamine
10manufacturing solvent, or any substance containing any of the
11foregoing.
12    "Methamphetamine" means the chemical methamphetamine (a
13Schedule II controlled substance under the Illinois Controlled
14Substances Act) or any salt, optical isomer, salt of optical
15isomer, or analog thereof, with the exception of
163,4-Methylenedioxymethamphetamine (MDMA) or any other
17scheduled substance with a separate listing under the Illinois
18Controlled Substances Act.
19    "Methamphetamine manufacturing catalyst" means any
20substance that has been used, is being used, or is intended to
21be used to activate, accelerate, extend, or improve a chemical
22reaction involved in the manufacture of methamphetamine.
23    "Methamphetamine manufacturing environment" means a
24structure or vehicle in which:
25        (1) methamphetamine is being or has been manufactured;
26        (2) chemicals that are being used, have been used, or

 

 

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1    are intended to be used to manufacture methamphetamine are
2    stored;
3        (3) methamphetamine manufacturing materials that have
4    been used to manufacture methamphetamine are stored; or
5        (4) methamphetamine manufacturing waste is stored.
6    "Methamphetamine manufacturing material" means any
7methamphetamine precursor, substance containing any
8methamphetamine precursor, methamphetamine manufacturing
9catalyst, substance containing any methamphetamine
10manufacturing catalyst, methamphetamine manufacturing reagent,
11substance containing any methamphetamine manufacturing
12reagent, methamphetamine manufacturing solvent, substance
13containing any methamphetamine manufacturing solvent, or any
14other chemical, substance, ingredient, equipment, apparatus,
15or item that is being used, has been used, or is intended to be
16used in the manufacture of methamphetamine.
17    "Methamphetamine manufacturing reagent" means any
18substance other than a methamphetamine manufacturing catalyst
19that has been used, is being used, or is intended to be used to
20react with and chemically alter any methamphetamine precursor.
21    "Methamphetamine manufacturing solvent" means any
22substance that has been used, is being used, or is intended to
23be used as a medium in which any methamphetamine precursor,
24methamphetamine manufacturing catalyst, methamphetamine
25manufacturing reagent, or any substance containing any of the
26foregoing is dissolved, diluted, or washed during any part of

 

 

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1the methamphetamine manufacturing process.
2    "Methamphetamine manufacturing waste" means any chemical,
3substance, ingredient, equipment, apparatus, or item that is
4left over from, results from, or is produced by the process of
5manufacturing methamphetamine, other than finished
6methamphetamine.
7    "Methamphetamine precursor" means ephedrine,
8pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone,
9phenylacetone, phenyl-2-propanone, P2P, or any salt, optical
10isomer, or salt of an optical isomer of any of these chemicals.
11    "Multi-unit dwelling" means a unified structure used or
12intended for use as a habitation, home, or residence that
13contains 2 or more condominiums, apartments, hotel rooms, motel
14rooms, or other living units.
15    "Package" means an item marked for retail sale that is not
16designed to be further broken down or subdivided for the
17purpose of retail sale.
18    "Participate" or "participation" in the manufacture of
19methamphetamine means to produce, prepare, compound, convert,
20process, synthesize, concentrate, purify, separate, extract,
21or package any methamphetamine, methamphetamine precursor,
22methamphetamine manufacturing catalyst, methamphetamine
23manufacturing reagent, methamphetamine manufacturing solvent,
24or any substance containing any of the foregoing, or to assist
25in any of these actions, or to attempt to take any of these
26actions, regardless of whether this action or these actions

 

 

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1result in the production of finished methamphetamine.
2    "Person with a disability" means a person who suffers from
3a permanent physical or mental impairment resulting from
4disease, injury, functional disorder, or congenital condition
5which renders the person incapable of adequately providing for
6his or her own health and personal care.
7    "Procure" means to purchase, steal, gather, or otherwise
8obtain, by legal or illegal means, or to cause another to take
9such action.
10    "Second or subsequent offense" means an offense under this
11Act committed by an offender who previously committed an
12offense under this Act, the Illinois Controlled Substances Act,
13the Cannabis Control Act, or another Act of this State, another
14state, or the United States relating to methamphetamine,
15cannabis, or any other controlled substance.
16    "Standard dosage form", as used in relation to any
17methamphetamine precursor, means that the methamphetamine
18precursor is contained in a pill, tablet, capsule, caplet, gel
19cap, or liquid cap that has been manufactured by a lawful
20entity and contains a standard quantity of methamphetamine
21precursor.
22    "Unauthorized container", as used in relation to anhydrous
23ammonia, means any container that is not designed for the
24specific and sole purpose of holding, storing, transporting, or
25applying anhydrous ammonia. "Unauthorized container" includes,
26but is not limited to, any propane tank, fire extinguisher,

 

 

HB1258 Enrolled- 27 -LRB097 06291 RLC 46367 b

1oxygen cylinder, gasoline can, food or beverage cooler, or
2compressed gas cylinder used in dispensing fountain drinks.
3"Unauthorized container" does not encompass anhydrous ammonia
4manufacturing plants, refrigeration systems where anhydrous
5ammonia is used solely as a refrigerant, anhydrous ammonia
6transportation pipelines, anhydrous ammonia tankers, or
7anhydrous ammonia barges.
8(Source: P.A. 94-556, eff. 9-11-05.)
 
9    (720 ILCS 646/90)
10    Sec. 90. Methamphetamine restitution.
11    (a) If a person commits a violation of this Act in a manner
12that requires an emergency response, the person shall be
13required to make restitution to all public entities involved in
14the emergency response, to cover the reasonable cost of their
15participation in the emergency response, including but not
16limited to regular and overtime costs incurred by local law
17enforcement agencies and private contractors paid by the public
18agencies in securing the site. The convicted person shall make
19this restitution in addition to any other fine or penalty
20required by law.
21    (b) Any restitution payments made under this Section shall
22be disbursed equitably by the circuit clerk in the following
23order:
24        (1) first, to the agency responsible for the mitigation
25    of the incident local agencies involved in the emergency

 

 

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1    response;
2        (2) second, to the local agencies involved in the
3    emergency response; State agencies involved in the
4    emergency response; and
5        (3) third, to the State agencies involved in the
6    emergency response; and federal agencies involved in the
7    emergency response.
8        (4) fourth, to the federal agencies involved in the
9    emergency response.
10    (c) In addition to any other penalties and liabilities, a
11person who is convicted of violating any Section of this Act,
12whose violation proximately caused any incident resulting in an
13appropriate emergency response, shall be assessed a fine of
14$2,500, payable to the circuit clerk, who shall distribute the
15money to the law enforcement agency responsible for the
16mitigation of the incident. If the person has been previously
17convicted of violating any Section of this Act, the fine shall
18be $5,000 and the circuit clerk shall distribute the money to
19the law enforcement agency responsible for the mitigation of
20the incident. In the event that more than one agency is
21responsible for an arrest which does not require mitigation,
22the amount payable to law enforcement agencies shall be shared
23equally. Any moneys received by a law enforcement agency under
24this Section shall be used for law enforcement expenses.
25    Any moneys collected for the Illinois State Police shall be
26deposited into the Traffic and Criminal Conviction Surcharge

 

 

HB1258 Enrolled- 29 -LRB097 06291 RLC 46367 b

1Fund.
2(Source: P.A. 94-556, eff. 9-11-05.)