Sen. Michael Noland

Filed: 5/20/2011

 

 


 

 


 
09700HB1258sam001LRB097 06291 RLC 55823 a

1
AMENDMENT TO HOUSE BILL 1258

2    AMENDMENT NO. ______. Amend House Bill 1258 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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15-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
2Corrections, reimbursement for the costs of an emergency
3response as provided under Section 11-501 of the Illinois
4Vehicle Code, any fees collected for attending a traffic safety
5program under paragraph (c) of Supreme Court Rule 529, any fee
6collected on behalf of a State's Attorney under Section 4-2002
7of the Counties Code or a sheriff under Section 4-5001 of the
8Counties Code, or any cost imposed under Section 124A-5 of the
9Code of Criminal Procedure of 1963, for convictions, orders of
10supervision, or any other disposition for a violation of
11Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
12similar provision of a local ordinance, and any violation of
13the Child Passenger Protection Act, or a similar provision of a
14local ordinance, and except as otherwise provided in this
15Section shall be disbursed within 60 days after receipt by the
16circuit clerk as follows: 44.5% shall be disbursed to the
17entity authorized by law to receive the fine imposed in the
18case; 16.825% shall be disbursed to the State Treasurer; and
1938.675% shall be disbursed to the county's general corporate
20fund. Of the 16.825% disbursed to the State Treasurer, 2/17
21shall be deposited by the State Treasurer into the Violent
22Crime Victims Assistance Fund, 5.052/17 shall be deposited into
23the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
24be deposited into the Drivers Education Fund, and 6.948/17
25shall be deposited into the Trauma Center Fund. Of the 6.948/17
26deposited into the Trauma Center Fund from the 16.825%

 

 

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1disbursed to the State Treasurer, 50% shall be disbursed to the
2Department of Public Health and 50% shall be disbursed to the
3Department of Healthcare and Family Services. For fiscal year
41993, amounts deposited into the Violent Crime Victims
5Assistance Fund, the Traffic and Criminal Conviction Surcharge
6Fund, or the Drivers Education Fund shall not exceed 110% of
7the amounts deposited into those funds in fiscal year 1991. Any
8amount that exceeds the 110% limit shall be distributed as
9follows: 50% shall be disbursed to the county's general
10corporate fund and 50% shall be disbursed to the entity
11authorized by law to receive the fine imposed in the case. 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 Section during the preceding year based upon
15independent verification of fines and fees. All counties shall
16be subject to this Section, except that counties with a
17population under 2,000,000 may, by ordinance, elect not to be
18subject to this Section. For offenses subject to this Section,
19judges shall impose one total sum of money payable for
20violations. The circuit clerk may add on no additional amounts
21except for amounts that are required by Sections 27.3a and
2227.3c of this Act, unless those amounts are specifically waived
23by the judge. With respect to money collected by the circuit
24clerk as a result of forfeiture of bail, ex parte judgment or
25guilty plea pursuant to Supreme Court Rule 529, the circuit
26clerk shall first deduct and pay amounts required by Sections

 

 

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127.3a and 27.3c of this Act. This Section is a denial and
2limitation of home rule powers and functions under subsection
3(h) of Section 6 of Article VII of the Illinois Constitution.
4    (b) In addition to any other fines and court costs assessed
5by the courts, any person convicted or receiving an order of
6supervision for driving under the influence of alcohol or drugs
7shall pay an additional fee of $100 to the clerk of the circuit
8court. This amount, less 2 1/2% that shall be used to defray
9administrative costs incurred by the clerk, shall be remitted
10by the clerk to the Treasurer within 60 days after receipt for
11deposit into the Trauma Center Fund. This additional fee of
12$100 shall not be considered a part of the fine for purposes of
13any reduction in the fine for time served either before or
14after sentencing. Not later than March 1 of each year the
15Circuit Clerk shall submit a report of the amount of funds
16remitted to the State Treasurer under this subsection during
17the preceding calendar year.
18    (b-1) In addition to any other fines and court costs
19assessed by the courts, any person convicted or receiving an
20order of supervision for driving under the influence of alcohol
21or drugs shall pay an additional fee of $5 to the clerk of the
22circuit court. This amount, less 2 1/2% that shall be used to
23defray administrative costs incurred by the clerk, shall be
24remitted by the clerk to the Treasurer within 60 days after
25receipt for deposit into the Spinal Cord Injury Paralysis Cure
26Research Trust Fund. This additional fee of $5 shall not be

 

 

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1considered a part of the fine for purposes of any reduction in
2the fine for time served either before or after sentencing. Not
3later than March 1 of each year the Circuit Clerk shall submit
4a report of the amount of funds remitted to the State Treasurer
5under this subsection during the preceding calendar year.
6    (c) In addition to any other fines and court costs assessed
7by the courts, any person convicted for a violation of Sections
824-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or a
9person sentenced for a violation of the Cannabis Control Act,
10the Illinois Controlled Substances Act, or the Methamphetamine
11Control and Community Protection Act shall pay an additional
12fee of $100 to the clerk of the circuit court. This amount,
13less 2 1/2% that shall be used to defray administrative costs
14incurred by the clerk, shall be remitted by the clerk to the
15Treasurer within 60 days after receipt for deposit into the
16Trauma Center Fund. This additional fee of $100 shall not be
17considered a part of the fine for purposes of any reduction in
18the fine for time served either before or after sentencing. Not
19later than March 1 of each year the Circuit Clerk shall submit
20a report of the amount of funds remitted to the State Treasurer
21under this subsection during the preceding calendar year.
22    (c-1) In addition to any other fines and court costs
23assessed by the courts, any person sentenced for a violation of
24the Cannabis Control Act, the Illinois Controlled Substances
25Act, or the Methamphetamine Control and Community Protection
26Act shall pay an additional fee of $5 to the clerk of the

 

 

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1circuit court. This amount, less 2 1/2% that shall be used to
2defray administrative costs incurred by the clerk, shall be
3remitted by the clerk to the Treasurer within 60 days after
4receipt for deposit into the Spinal Cord Injury Paralysis Cure
5Research Trust Fund. This additional fee of $5 shall not be
6considered a part of the fine for purposes of any reduction in
7the fine for time served either before or after sentencing. Not
8later than March 1 of each year the Circuit Clerk shall submit
9a report of the amount of funds remitted to the State Treasurer
10under this subsection during the preceding calendar year.
11    (d) The following amounts must be remitted to the State
12Treasurer for deposit into the Illinois Animal Abuse Fund:
13        (1) 50% of the amounts collected for felony offenses
14    under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
15    5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
16    Animals Act and Section 26-5 of the Criminal Code of 1961;
17        (2) 20% of the amounts collected for Class A and Class
18    B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
19    5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
20    for Animals Act and Section 26-5 of the Criminal Code of
21    1961; and
22        (3) 50% of the amounts collected for Class C
23    misdemeanors under Sections 4.01 and 7.1 of the Humane Care
24    for Animals Act and Section 26-5 of the Criminal Code of
25    1961.
26    (e) Any person who receives a disposition of court

 

 

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1supervision for a violation of the Illinois Vehicle Code or a
2similar provision of a local ordinance shall, in addition to
3any other fines, fees, and court costs, pay an additional fee
4of $29, to be disbursed as provided in Section 16-104c of the
5Illinois Vehicle Code. In addition to the fee of $29, the
6person shall also pay a fee of $6, if not waived by the court.
7If this $6 fee is collected, $5.50 of the fee shall be
8deposited into the Circuit Court Clerk Operation and
9Administrative Fund created by the Clerk of the Circuit Court
10and 50 cents of the fee shall be deposited into the Prisoner
11Review Board Vehicle and Equipment Fund in the State treasury.
12    (f) This Section does not apply to the additional child
13pornography fines assessed and collected under Section
145-9-1.14 of the Unified Code of Corrections.
15    (g) (Blank).
16    (h) (Blank).
17    (i) Of the amounts collected as fines under subsection (b)
18of Section 3-712 of the Illinois Vehicle Code, 99% shall be
19deposited into the Illinois Military Family Relief Fund and 1%
20shall be deposited into the Circuit Court Clerk Operation and
21Administrative Fund created by the Clerk of the Circuit Court
22to be used to offset the costs incurred by the Circuit Court
23Clerk in performing the additional duties required to collect
24and disburse funds to entities of State and local government as
25provided by law.
26    (j) Any person convicted of, pleading guilty to, or placed

 

 

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1on supervision for a serious traffic violation, as defined in
2Section 1-187.001 of the Illinois Vehicle Code, a violation of
3Section 11-501 of the Illinois Vehicle Code, or a violation of
4a similar provision of a local ordinance shall pay an
5additional fee of $35, to be disbursed as provided in Section
616-104d of that Code.
7    This subsection (j) (h) becomes inoperative 7 years after
8the effective date of Public Act 95-154.
9    (k) For any conviction or disposition of court supervision
10for a violation of Section 11-1429 of the Illinois Vehicle
11Code, the circuit clerk shall distribute the fines paid by the
12person as specified by subsection (h) of Section 11-1429 of the
13Illinois Vehicle Code.
14    (l) Any person who receives a disposition of court
15supervision for a violation of Section 11-501 of the Illinois
16Vehicle Code or a similar provision of a local ordinance shall,
17in addition to any other fines, fees, and court costs, pay an
18additional fee of $50, which shall be collected by the circuit
19clerk and then remitted to the State Treasurer for deposit into
20the Roadside Memorial Fund, a special fund in the State
21treasury. However, the court may waive the fee if full
22restitution is complied with. Subject to appropriation, all
23moneys in the Roadside Memorial Fund shall be used by the
24Department of Transportation to pay fees imposed under
25subsection (f) of Section 20 of the Roadside Memorial Act. The
26fee shall be remitted by the circuit clerk within one month

 

 

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1after receipt to the State Treasurer for deposit into the
2Roadside Memorial Fund.
3    (m) Of the amounts collected as fines under subsection (c)
4of Section 411.4 of the Illinois Controlled Substances Act or
5subsection (c) of Section 90 of the Methamphetamine Control and
6Community Protection Act, 99% shall be deposited to the law
7enforcement agency or fund specified and 1% shall be deposited
8into the Circuit Court Clerk Operation and Administrative Fund
9to be used to offset the costs incurred by the Circuit Court
10Clerk in performing the additional duties required to collect
11and disburse funds to entities of State and local government as
12provided by law.
13(Source: P.A. 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428,
14eff. 8-24-07; 95-600, eff. 6-1-08; 95-876, eff. 8-21-08;
1596-286, eff. 8-11-09; 96-576, eff. 8-18-09; 96-578, eff.
168-18-09; 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-1175,
17eff. 9-20-10; 96-1342, eff. 1-1-11; revised 9-16-10.)
 
18    (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667,
1996-735, 96-1175, and 96-1342)
20    Sec. 27.6. (a) All fees, fines, costs, additional
21penalties, bail balances assessed or forfeited, and any other
22amount paid by a person to the circuit clerk equalling an
23amount of $55 or more, except the fine imposed by Section
245-9-1.15 of the Unified Code of Corrections, the additional fee
25required by subsections (b) and (c), restitution under Section

 

 

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15-5-6 of the Unified Code of Corrections, contributions to a
2local anti-crime program ordered pursuant to Section
35-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
4Corrections, reimbursement for the costs of an emergency
5response as provided under Section 11-501 of the Illinois
6Vehicle Code, any fees collected for attending a traffic safety
7program under paragraph (c) of Supreme Court Rule 529, any fee
8collected on behalf of a State's Attorney under Section 4-2002
9of the Counties Code or a sheriff under Section 4-5001 of the
10Counties Code, or any cost imposed under Section 124A-5 of the
11Code of Criminal Procedure of 1963, for convictions, orders of
12supervision, or any other disposition for a violation of
13Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
14similar provision of a local ordinance, and any violation of
15the Child Passenger Protection Act, or a similar provision of a
16local ordinance, and except as otherwise provided in this
17Section shall be disbursed within 60 days after receipt by the
18circuit clerk as follows: 44.5% shall be disbursed to the
19entity authorized by law to receive the fine imposed in the
20case; 16.825% shall be disbursed to the State Treasurer; and
2138.675% shall be disbursed to the county's general corporate
22fund. Of the 16.825% disbursed to the State Treasurer, 2/17
23shall be deposited by the State Treasurer into the Violent
24Crime Victims Assistance Fund, 5.052/17 shall be deposited into
25the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
26be deposited into the Drivers Education Fund, and 6.948/17

 

 

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1shall be deposited into the Trauma Center Fund. Of the 6.948/17
2deposited into the Trauma Center Fund from the 16.825%
3disbursed to the State Treasurer, 50% shall be disbursed to the
4Department of Public Health and 50% shall be disbursed to the
5Department of Healthcare and Family Services. For fiscal year
61993, amounts deposited into the Violent Crime Victims
7Assistance Fund, the Traffic and Criminal Conviction Surcharge
8Fund, or the Drivers Education Fund shall not exceed 110% of
9the amounts deposited into those funds in fiscal year 1991. Any
10amount that exceeds the 110% limit shall be distributed as
11follows: 50% shall be disbursed to the county's general
12corporate fund and 50% shall be disbursed to the entity
13authorized by law to receive the fine imposed in the case. Not
14later than March 1 of each year the circuit clerk shall submit
15a report of the amount of funds remitted to the State Treasurer
16under this Section during the preceding year based upon
17independent verification of fines and fees. All counties shall
18be subject to this Section, except that counties with a
19population under 2,000,000 may, by ordinance, elect not to be
20subject to this Section. For offenses subject to this Section,
21judges shall impose one total sum of money payable for
22violations. The circuit clerk may add on no additional amounts
23except for amounts that are required by Sections 27.3a and
2427.3c of this Act, Section 16-104c of the Illinois Vehicle
25Code, and subsection (a) of Section 5-1101 of the Counties
26Code, unless those amounts are specifically waived by the

 

 

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1judge. With respect to money collected by the circuit clerk as
2a result of forfeiture of bail, ex parte judgment or guilty
3plea pursuant to Supreme Court Rule 529, the circuit clerk
4shall first deduct and pay amounts required by Sections 27.3a
5and 27.3c of this Act. Unless a court ordered payment schedule
6is implemented or fee requirements are waived pursuant to court
7order, the clerk of the court may add to any unpaid fees and
8costs a delinquency amount equal to 5% of the unpaid fees that
9remain unpaid after 30 days, 10% of the unpaid fees that remain
10unpaid after 60 days, and 15% of the unpaid fees that remain
11unpaid after 90 days. Notice to those parties may be made by
12signage posting or publication. The additional delinquency
13amounts collected under this Section shall be deposited in the
14Circuit Court Clerk Operation and Administrative Fund to be
15used to defray administrative costs incurred by the circuit
16clerk in performing the duties required to collect and disburse
17funds. This Section is a denial and limitation of home rule
18powers and functions under subsection (h) of Section 6 of
19Article VII of the Illinois Constitution.
20    (b) In addition to any other fines and court costs assessed
21by the courts, any person convicted or receiving an order of
22supervision for driving under the influence of alcohol or drugs
23shall pay an additional fee of $100 to the clerk of the circuit
24court. This amount, less 2 1/2% that shall be used to defray
25administrative costs incurred by the clerk, shall be remitted
26by the clerk to the Treasurer within 60 days after receipt for

 

 

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1deposit into the Trauma Center Fund. This additional fee of
2$100 shall not be considered a part of the fine for purposes of
3any reduction in the fine for time served either before or
4after sentencing. Not later than March 1 of each year the
5Circuit Clerk shall submit a report of the amount of funds
6remitted to the State Treasurer under this subsection during
7the preceding calendar year.
8    (b-1) In addition to any other fines and court costs
9assessed by the courts, any person convicted or receiving an
10order of supervision for driving under the influence of alcohol
11or drugs shall pay an additional fee of $5 to the clerk of the
12circuit court. This amount, less 2 1/2% that shall be used to
13defray administrative costs incurred by the clerk, shall be
14remitted by the clerk to the Treasurer within 60 days after
15receipt for deposit into the Spinal Cord Injury Paralysis Cure
16Research Trust Fund. This additional fee of $5 shall not be
17considered a part of the fine for purposes of any reduction in
18the fine for time served either before or after sentencing. Not
19later than March 1 of each year the Circuit Clerk shall submit
20a report of the amount of funds remitted to the State Treasurer
21under this subsection during the preceding calendar year.
22    (c) In addition to any other fines and court costs assessed
23by the courts, any person convicted for a violation of Sections
2424-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or a
25person sentenced for a violation of the Cannabis Control Act,
26the Illinois Controlled Substances Act, or the Methamphetamine

 

 

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

 

 

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

 

 

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1Review Board Vehicle and Equipment Fund in the State treasury.
2    (f) This Section does not apply to the additional child
3pornography fines assessed and collected under Section
45-9-1.14 of the Unified Code of Corrections.
5    (g) Any person convicted of or pleading guilty to a serious
6traffic violation, as defined in Section 1-187.001 of the
7Illinois Vehicle Code, shall pay an additional fee of $35, to
8be disbursed as provided in Section 16-104d of that Code. This
9subsection (g) becomes inoperative 7 years after the effective
10date of Public Act 95-154.
11    (h) In all counties having a population of 3,000,000 or
12more inhabitants,
13        (1) A person who is found guilty of or pleads guilty to
14    violating subsection (a) of Section 11-501 of the Illinois
15    Vehicle Code, including any person placed on court
16    supervision for violating subsection (a), shall be fined
17    $750 as provided for by subsection (f) of Section 11-501.01
18    of the Illinois Vehicle Code, payable to the circuit clerk,
19    who shall distribute the money pursuant to subsection (f)
20    of Section 11-501.01 of the Illinois Vehicle Code.
21        (2) When a crime laboratory DUI analysis fee of $150,
22    provided for by Section 5-9-1.9 of the Unified Code of
23    Corrections is assessed, it shall be disbursed by the
24    circuit clerk as provided by subsection (f) of Section
25    5-9-1.9 of the Unified Code of Corrections.
26        (3) When a fine for a violation of Section 11-605.1 of

 

 

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1    the Illinois Vehicle Code is $250 or greater, the person
2    who violated that Section shall be charged an additional
3    $125 as provided for by subsection (e) of Section 11-605.1
4    of the Illinois Vehicle Code, which shall be disbursed by
5    the circuit clerk to a State or county Transportation
6    Safety Highway Hire-back Fund as provided by subsection (e)
7    of Section 11-605.1 of the Illinois Vehicle Code.
8        (4) When a fine for a violation of subsection (a) of
9    Section 11-605 of the Illinois Vehicle Code is $150 or
10    greater, the additional $50 which is charged as provided
11    for by subsection (f) of Section 11-605 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 (f) of Section 11-605.
15        (5) When a fine for a violation of subsection (a) of
16    Section 11-1002.5 of the Illinois Vehicle Code is $150 or
17    greater, the additional $50 which is charged as provided
18    for by subsection (c) of Section 11-1002.5 of the Illinois
19    Vehicle Code shall be disbursed by the circuit clerk to a
20    school district or districts for school safety purposes as
21    provided by subsection (c) of Section 11-1002.5 of the
22    Illinois Vehicle Code.
23        (6) When a mandatory drug court fee of up to $5 is
24    assessed as provided in subsection (f) of Section 5-1101 of
25    the Counties Code, it shall be disbursed by the circuit
26    clerk as provided in subsection (f) of Section 5-1101 of

 

 

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1    the Counties Code.
2        (7) When a mandatory teen court, peer jury, youth
3    court, or other youth diversion program fee is assessed as
4    provided in subsection (e) of Section 5-1101 of the
5    Counties Code, it shall be disbursed by the circuit clerk
6    as provided in subsection (e) of Section 5-1101 of the
7    Counties Code.
8        (8) When a Children's Advocacy Center fee is assessed
9    pursuant to subsection (f-5) of Section 5-1101 of the
10    Counties Code, it shall be disbursed by the circuit clerk
11    as provided in subsection (f-5) of Section 5-1101 of the
12    Counties Code.
13        (9) When a victim impact panel fee is assessed pursuant
14    to subsection (b) of Section 11-501.01 of the Vehicle Code,
15    it shall be disbursed by the circuit clerk to the victim
16    impact panel to be attended by the defendant.
17        (10) When a new fee collected in traffic cases is
18    enacted after the effective date of this subsection (h), it
19    shall be excluded from the percentage disbursement
20    provisions of this Section unless otherwise indicated by
21    law.
22    (i) Of the amounts collected as fines under subsection (b)
23of Section 3-712 of the Illinois Vehicle Code, 99% shall be
24deposited into the Illinois Military Family Relief Fund and 1%
25shall be deposited into the Circuit Court Clerk Operation and
26Administrative Fund created by the Clerk of the Circuit Court

 

 

09700HB1258sam001- 19 -LRB097 06291 RLC 55823 a

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

 

 

09700HB1258sam001- 20 -LRB097 06291 RLC 55823 a

1of Section 411.4 of the Illinois Controlled Substances Act or
2subsection (c) of Section 90 of the Methamphetamine Control and
3Community Protection Act, 99% shall be deposited to the law
4enforcement agency or fund specified and 1% shall be deposited
5into the Circuit Court Clerk Operation and Administrative Fund
6to be used to offset the costs incurred by the Circuit Court
7Clerk in performing the additional duties required to collect
8and disburse funds to entities of State and local government as
9provided by law.
10(Source: P.A. 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428,
11eff. 8-24-07; 95-600, eff. 6-1-08; 95-876, eff. 8-21-08;
1296-576, eff. 8-18-09; 96-578, eff. 8-18-09; 96-625, eff.
131-1-10; 96-667, eff. 8-25-09; 96-735, eff. 1-1-10; 96-1175,
14eff. 9-20-10; 96-1342, eff. 1-1-11; revised 9-16-10.)
 
15    Section 10. The Illinois Controlled Substances Act is
16amended by adding Section 411.4 as follows:
 
17    (720 ILCS 570/411.4 new)
18    Sec. 411.4. Reimbursement of unit of government for
19emergency response.
20    (a) As used in this Section, "emergency response" means the
21act of collecting evidence from or securing a site where
22controlled substances were manufactured, or where by-products
23from the manufacture of controlled substances are present, and
24cleaning up the site, whether these actions are performed by

 

 

09700HB1258sam001- 21 -LRB097 06291 RLC 55823 a

1public entities or private contractors paid by public entities.
2    (b) Every person convicted of violating Section 401, 407,
3or 407.2 of this Act whose violation proximately caused any
4incident resulting in an appropriate emergency response shall
5be liable for the expense of an emergency response and shall be
6assessed a fine of $750, payable to the circuit clerk, who
7shall distribute the money to the law enforcement agency that
8made the arrest. If the person has been previously convicted of
9violating Section 401, 407, or 407.2 of this Act, the fine
10shall be $1,000, and the circuit clerk shall distribute the
11money to the law enforcement agency that made the arrest. In
12the event that more than one agency is responsible for the
13arrest, the amount payable to law enforcement agencies shall be
14shared equally. Any moneys received by a law enforcement agency
15under this Section shall be used for law enforcement expenses.
16    Any moneys collected for the Illinois State Police shall be
17deposited into the Traffic and Criminal Conviction Surcharge
18Fund.
 
19    Section 15. The Methamphetamine Control and Community
20Protection Act is amended by changing Sections 10 and 90 as
21follows:
 
22    (720 ILCS 646/10)
23    Sec. 10. Definitions. As used in this Act:
24    "Anhydrous ammonia" has the meaning provided in subsection

 

 

09700HB1258sam001- 22 -LRB097 06291 RLC 55823 a

1(d) of Section 3 of the Illinois Fertilizer Act of 1961.
2    "Anhydrous ammonia equipment" means all items used to
3store, hold, contain, handle, transfer, transport, or apply
4anhydrous ammonia for lawful purposes.
5    "Booby trap" means any device designed to cause physical
6injury when triggered by an act of a person approaching,
7entering, or moving through a structure, a vehicle, or any
8location where methamphetamine has been manufactured, is being
9manufactured, or is intended to be manufactured.
10    "Deliver" or "delivery" has the meaning provided in
11subsection (h) of Section 102 of the Illinois Controlled
12Substances Act.
13    "Director" means the Director of State Police or the
14Director's designated agents.
15    "Dispose" or "disposal" means to abandon, discharge,
16release, deposit, inject, dump, spill, leak, or place
17methamphetamine waste onto or into any land, water, or well of
18any type so that the waste has the potential to enter the
19environment, be emitted into the air, or be discharged into the
20soil or any waters, including groundwater.
21    "Emergency response" means the act of collecting evidence
22from or , securing a methamphetamine laboratory site,
23methamphetamine waste site or other methamphetamine-related
24site and cleaning up the site, whether these actions are
25performed by public entities or private contractors paid by
26public entities.

 

 

09700HB1258sam001- 23 -LRB097 06291 RLC 55823 a

1    "Emergency service provider" means a local, State, or
2federal peace officer, firefighter, emergency medical
3technician-ambulance, emergency medical
4technician-intermediate, emergency medical
5technician-paramedic, ambulance driver, or other medical or
6first aid personnel rendering aid, or any agent or designee of
7the foregoing.
8    "Finished methamphetamine" means methamphetamine in a form
9commonly used for personal consumption.
10    "Firearm" has the meaning provided in Section 1.1 of the
11Firearm Owners Identification Card Act.
12    "Manufacture" means to produce, prepare, compound,
13convert, process, synthesize, concentrate, purify, separate,
14extract, or package any methamphetamine, methamphetamine
15precursor, methamphetamine manufacturing catalyst,
16methamphetamine manufacturing reagent, methamphetamine
17manufacturing solvent, or any substance containing any of the
18foregoing.
19    "Methamphetamine" means the chemical methamphetamine (a
20Schedule II controlled substance under the Illinois Controlled
21Substances Act) or any salt, optical isomer, salt of optical
22isomer, or analog thereof, with the exception of
233,4-Methylenedioxymethamphetamine (MDMA) or any other
24scheduled substance with a separate listing under the Illinois
25Controlled Substances Act.
26    "Methamphetamine manufacturing catalyst" means any

 

 

09700HB1258sam001- 24 -LRB097 06291 RLC 55823 a

1substance that has been used, is being used, or is intended to
2be used to activate, accelerate, extend, or improve a chemical
3reaction involved in the manufacture of methamphetamine.
4    "Methamphetamine manufacturing environment" means a
5structure or vehicle in which:
6        (1) methamphetamine is being or has been manufactured;
7        (2) chemicals that are being used, have been used, or
8    are intended to be used to manufacture methamphetamine are
9    stored;
10        (3) methamphetamine manufacturing materials that have
11    been used to manufacture methamphetamine are stored; or
12        (4) methamphetamine manufacturing waste is stored.
13    "Methamphetamine manufacturing material" means any
14methamphetamine precursor, substance containing any
15methamphetamine precursor, methamphetamine manufacturing
16catalyst, substance containing any methamphetamine
17manufacturing catalyst, methamphetamine manufacturing reagent,
18substance containing any methamphetamine manufacturing
19reagent, methamphetamine manufacturing solvent, substance
20containing any methamphetamine manufacturing solvent, or any
21other chemical, substance, ingredient, equipment, apparatus,
22or item that is being used, has been used, or is intended to be
23used in the manufacture of methamphetamine.
24    "Methamphetamine manufacturing reagent" means any
25substance other than a methamphetamine manufacturing catalyst
26that has been used, is being used, or is intended to be used to

 

 

09700HB1258sam001- 25 -LRB097 06291 RLC 55823 a

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

 

 

09700HB1258sam001- 26 -LRB097 06291 RLC 55823 a

1process, synthesize, concentrate, purify, separate, extract,
2or package any methamphetamine, methamphetamine precursor,
3methamphetamine manufacturing catalyst, methamphetamine
4manufacturing reagent, methamphetamine manufacturing solvent,
5or any substance containing any of the foregoing, or to assist
6in any of these actions, or to attempt to take any of these
7actions, regardless of whether this action or these actions
8result in the production of finished methamphetamine.
9    "Person with a disability" means a person who suffers from
10a permanent physical or mental impairment resulting from
11disease, injury, functional disorder, or congenital condition
12which renders the person incapable of adequately providing for
13his or her own health and personal care.
14    "Procure" means to purchase, steal, gather, or otherwise
15obtain, by legal or illegal means, or to cause another to take
16such action.
17    "Second or subsequent offense" means an offense under this
18Act committed by an offender who previously committed an
19offense under this Act, the Illinois Controlled Substances Act,
20the Cannabis Control Act, or another Act of this State, another
21state, or the United States relating to methamphetamine,
22cannabis, or any other controlled substance.
23    "Standard dosage form", as used in relation to any
24methamphetamine precursor, means that the methamphetamine
25precursor is contained in a pill, tablet, capsule, caplet, gel
26cap, or liquid cap that has been manufactured by a lawful

 

 

09700HB1258sam001- 27 -LRB097 06291 RLC 55823 a

1entity and contains a standard quantity of methamphetamine
2precursor.
3    "Unauthorized container", as used in relation to anhydrous
4ammonia, means any container that is not designed for the
5specific and sole purpose of holding, storing, transporting, or
6applying anhydrous ammonia. "Unauthorized container" includes,
7but is not limited to, any propane tank, fire extinguisher,
8oxygen cylinder, gasoline can, food or beverage cooler, or
9compressed gas cylinder used in dispensing fountain drinks.
10"Unauthorized container" does not encompass anhydrous ammonia
11manufacturing plants, refrigeration systems where anhydrous
12ammonia is used solely as a refrigerant, anhydrous ammonia
13transportation pipelines, anhydrous ammonia tankers, or
14anhydrous ammonia barges.
15(Source: P.A. 94-556, eff. 9-11-05.)
 
16    (720 ILCS 646/90)
17    Sec. 90. Methamphetamine restitution.
18    (a) If a person commits a violation of this Act in a manner
19that requires an emergency response, the person shall be
20required to make restitution to all public entities involved in
21the emergency response, to cover the reasonable cost of their
22participation in the emergency response, including but not
23limited to regular and overtime costs incurred by local law
24enforcement agencies and private contractors paid by the public
25agencies in securing the site. The convicted person shall make

 

 

09700HB1258sam001- 28 -LRB097 06291 RLC 55823 a

1this restitution in addition to any other fine or penalty
2required by law.
3    (b) Any restitution payments made under this Section shall
4be disbursed equitably by the circuit clerk in the following
5order:
6        (1) first, to the agency responsible for the mitigation
7    of the incident local agencies involved in the emergency
8    response;
9        (2) second, to the local agencies involved in the
10    emergency response; State agencies involved in the
11    emergency response; and
12        (3) third, to the State agencies involved in the
13    emergency response; and federal agencies involved in the
14    emergency response.
15        (4) fourth, to the federal agencies involved in the
16    emergency response.
17    (c) In addition to any other penalties and liabilities, a
18person who is convicted of violating any Section of this Act,
19whose violation proximately caused any incident resulting in an
20appropriate emergency response, shall be assessed a fine of
21$2,500, payable to the circuit clerk, who shall distribute the
22money to the law enforcement agency responsible for the
23mitigation of the incident. If the person has been previously
24convicted of violating any Section of this Act, the fine shall
25be $5,000 and the circuit clerk shall distribute the money to
26the law enforcement agency responsible for the mitigation of

 

 

09700HB1258sam001- 29 -LRB097 06291 RLC 55823 a

1the incident. In the event that more than one agency is
2responsible for an arrest which does not require mitigation,
3the amount payable to law enforcement agencies shall be shared
4equally. Any moneys received by a law enforcement agency under
5this Section shall be used for law enforcement expenses.
6    Any moneys collected for the Illinois State Police shall be
7deposited into the Traffic and Criminal Conviction Surcharge
8Fund.
9(Source: P.A. 94-556, eff. 9-11-05.)".