Sen. Kwame Raoul

Filed: 4/4/2014

 

 


 

 


 
09800SB0503sam003LRB098 04696 MRW 58155 a

1
AMENDMENT TO SENATE BILL 503

2    AMENDMENT NO. ______. Amend Senate Bill 503 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The State Police Act is amended by changing
5Section 7.2 as follows:
 
6    (20 ILCS 2610/7.2)
7    Sec. 7.2. State Police Merit Board Public Safety Fund.
8    (a) A special fund in the State treasury is hereby created
9which shall be known as the State Police Merit Board Public
10Safety Fund. The Fund shall be used by the State Police Merit
11Board to provide a cadet program for State Police personnel and
12to meet all costs associated with the functions of the State
13Police Merit Board. Notwithstanding any other law to the
14contrary, the State Police Merit Board Public Safety Fund is
15not subject to sweeps, administrative charge-backs, or any
16other fiscal or budgetary maneuver that would in any way

 

 

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1transfer any amounts from the State Police Merit Board Public
2Safety Fund into any other fund of the State.
3    (b) The Fund may receive State appropriations, gifts,
4grants, and federal funds and shall include earnings from the
5investment of moneys in the Fund.
6    (c) The administration of this Fund shall be the
7responsibility of the State Police Merit Board. The Board shall
8establish terms and conditions for the operation of the Fund.
9The Board shall establish and implement fiscal controls and
10accounting periods for programs operated using the Fund. All
11fees or moneys received by the State Treasurer under subsection
12(n) of Section 27.6 of the Clerks of Courts Act shall be
13deposited into the Fund. Such additional penalty shall not be
14considered a part of the fine for purposes of any reduction
15made in the fine for time served either before or after
16sentencing. The moneys deposited in the State Police Merit
17Board Public Safety Fund shall be appropriated, on a continuing
18basis, to the State Police Merit Board for expenses of the
19Board for the administration and conduct of all its programs
20for State Police personnel.
21(Source: P.A. 97-1051, eff. 1-1-13.)
 
22    Section 10. The Illinois Vehicle Code is amended by adding
23Section 16-104f as follows:
 
24    (625 ILCS 5/16-104f new)

 

 

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1    Sec. 16-104f. Amounts for State Police Merit Board Public
2Safety Fund. In counties that have elected not to distribute
3moneys under the disbursement formulas in Sections 27.5 and
427.6 of the Clerks of Courts Act, the court shall impose a fine
5of $15, in addition to any other fines and court costs
6assessed, for any person who is convicted of or receives a
7disposition of court supervision for a violation of this Code
8or a similar provision of a local ordinance. This additional
9fine of $15 shall be payable to the clerk of the circuit court
10and shall not be considered a part of the fine for purposes of
11any reduction in the fine for time served either before or
12after sentencing. This amount, less 2.5%, shall be remitted by
13the clerk to the State Treasurer within 60 days after receipt
14for deposit into the State Police Merit Board Public Safety
15Fund. Of the fine, 2.5% shall be deposited by the clerk into
16the Circuit Court Clerk Operation and Administration Fund a
17fund created by the clerk of the circuit court to be used to
18offset the costs incurred by the circuit court clerk in
19performing the additional duties required to collect and
20disburse funds as provided by law.
 
21    Section 15. The Clerks of Courts Act is amended by changing
22Section 27.6 as follows:
 
23    (705 ILCS 105/27.6)
24    (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625,

 

 

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196-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, and
297-1150)
3    Sec. 27.6. (a) All fees, fines, costs, additional
4penalties, bail balances assessed or forfeited, and any other
5amount paid by a person to the circuit clerk equalling an
6amount of $55 or more, except the fine imposed by Section
75-9-1.15 of the Unified Code of Corrections, the additional fee
8required by subsections (b) and (c), restitution under Section
95-5-6 of the Unified Code of Corrections, contributions to a
10local anti-crime program ordered pursuant to Section
115-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
12Corrections, reimbursement for the costs of an emergency
13response as provided under Section 11-501 of the Illinois
14Vehicle Code, any fees collected for attending a traffic safety
15program under paragraph (c) of Supreme Court Rule 529, any fee
16collected on behalf of a State's Attorney under Section 4-2002
17of the Counties Code or a sheriff under Section 4-5001 of the
18Counties Code, or any cost imposed under Section 124A-5 of the
19Code of Criminal Procedure of 1963, for convictions, orders of
20supervision, or any other disposition for a violation of
21Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
22similar provision of a local ordinance, and any violation of
23the Child Passenger Protection Act, or a similar provision of a
24local ordinance, and except as otherwise provided in this
25Section shall be disbursed within 60 days after receipt by the
26circuit clerk as follows: 44.5% shall be disbursed to the

 

 

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1entity authorized by law to receive the fine imposed in the
2case; 16.825% shall be disbursed to the State Treasurer; and
338.675% shall be disbursed to the county's general corporate
4fund. Of the 16.825% disbursed to the State Treasurer, 2/17
5shall be deposited by the State Treasurer into the Violent
6Crime Victims Assistance Fund, 5.052/17 shall be deposited into
7the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
8be deposited into the Drivers Education Fund, and 6.948/17
9shall be deposited into the Trauma Center Fund. Of the 6.948/17
10deposited into the Trauma Center Fund from the 16.825%
11disbursed to the State Treasurer, 50% shall be disbursed to the
12Department of Public Health and 50% shall be disbursed to the
13Department of Healthcare and Family Services. For fiscal year
141993, amounts deposited into the Violent Crime Victims
15Assistance Fund, the Traffic and Criminal Conviction Surcharge
16Fund, or the Drivers Education Fund shall not exceed 110% of
17the amounts deposited into those funds in fiscal year 1991. Any
18amount that exceeds the 110% limit shall be distributed as
19follows: 50% shall be disbursed to the county's general
20corporate fund and 50% shall be disbursed to the entity
21authorized by law to receive the fine imposed in the case. 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 Section during the preceding year based upon
25independent verification of fines and fees. All counties shall
26be subject to this Section, except that counties with a

 

 

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1population under 2,000,000 may, by ordinance, elect not to be
2subject to this Section. For offenses subject to this Section,
3judges shall impose one total sum of money payable for
4violations. The circuit clerk may add on no additional amounts
5except for amounts that are required by Sections 27.3a and
627.3c of this Act, unless those amounts are specifically waived
7by the judge. With respect to money collected by the circuit
8clerk as a result of forfeiture of bail, ex parte judgment or
9guilty plea pursuant to Supreme Court Rule 529, the circuit
10clerk shall first deduct and pay amounts required by Sections
1127.3a and 27.3c of this Act. This Section is a denial and
12limitation of home rule powers and functions under subsection
13(h) of Section 6 of Article VII of the Illinois Constitution.
14    (b) In addition to any other fines and court costs assessed
15by the courts, any person convicted or receiving an order of
16supervision for driving under the influence of alcohol or drugs
17shall pay an additional fee of $100 to the clerk of the circuit
18court. This amount, less 2 1/2% that shall be used to defray
19administrative costs incurred by the clerk, shall be remitted
20by the clerk to the Treasurer within 60 days after receipt for
21deposit into the Trauma Center Fund. This additional fee of
22$100 shall not be considered a part of the fine for purposes of
23any reduction in the fine for time served either before or
24after sentencing. Not later than March 1 of each year the
25Circuit Clerk shall submit a report of the amount of funds
26remitted to the State Treasurer under this subsection during

 

 

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1the preceding calendar year.
2    (b-1) In addition to any other fines and court costs
3assessed by the courts, any person convicted or receiving an
4order of supervision for driving under the influence of alcohol
5or drugs shall pay an additional fee of $5 to the clerk of the
6circuit court. This amount, less 2 1/2% that shall be used to
7defray administrative costs incurred by the clerk, shall be
8remitted by the clerk to the Treasurer within 60 days after
9receipt for deposit into the Spinal Cord Injury Paralysis Cure
10Research Trust Fund. This additional fee of $5 shall not be
11considered a part of the fine for purposes of any reduction in
12the fine for time served either before or after sentencing. Not
13later than March 1 of each year the Circuit Clerk shall submit
14a report of the amount of funds remitted to the State Treasurer
15under this subsection during the preceding calendar year.
16    (c) In addition to any other fines and court costs assessed
17by the courts, any person convicted for a violation of Sections
1824-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or the
19Criminal Code of 2012 or a person sentenced for a violation of
20the Cannabis Control Act, the Illinois Controlled Substances
21Act, or the Methamphetamine Control and Community Protection
22Act shall pay an additional fee of $100 to the clerk of the
23circuit court. This amount, less 2 1/2% that shall be used to
24defray administrative costs incurred by the clerk, shall be
25remitted by the clerk to the Treasurer within 60 days after
26receipt for deposit into the Trauma Center Fund. This

 

 

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1additional fee of $100 shall not be considered a part of the
2fine for purposes of any reduction in the fine for time served
3either before or after sentencing. Not later than March 1 of
4each year the Circuit Clerk shall submit a report of the amount
5of funds remitted to the State Treasurer under this subsection
6during the preceding calendar year.
7    (c-1) In addition to any other fines and court costs
8assessed by the courts, any person sentenced for a violation of
9the Cannabis Control Act, the Illinois Controlled Substances
10Act, or the Methamphetamine Control and Community Protection
11Act 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    (d) The following amounts must be remitted to the State
23Treasurer for deposit into the Illinois Animal Abuse Fund:
24        (1) 50% of the amounts collected for felony offenses
25    under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
26    5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for

 

 

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1    Animals Act and Section 26-5 or 48-1 of the Criminal Code
2    of 1961 or the Criminal Code of 2012;
3        (2) 20% of the amounts collected for Class A and Class
4    B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
5    5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
6    for Animals Act and Section 26-5 or 48-1 of the Criminal
7    Code of 1961 or the Criminal Code of 2012; and
8        (3) 50% of the amounts collected for Class C
9    misdemeanors under Sections 4.01 and 7.1 of the Humane Care
10    for Animals Act and Section 26-5 or 48-1 of the Criminal
11    Code of 1961 or the Criminal Code of 2012.
12    (e) Any person who receives a disposition of court
13supervision for a violation of the Illinois Vehicle Code or a
14similar provision of a local ordinance shall, in addition to
15any other fines, fees, and court costs, pay an additional fee
16of $29, to be disbursed as provided in Section 16-104c of the
17Illinois Vehicle Code. In addition to the fee of $29, the
18person shall also pay a fee of $6, if not waived by the court.
19If this $6 fee is collected, $5.50 of the fee shall be
20deposited into the Circuit Court Clerk Operation and
21Administrative Fund created by the Clerk of the Circuit Court
22and 50 cents of the fee shall be deposited into the Prisoner
23Review Board Vehicle and Equipment Fund in the State treasury.
24    (f) This Section does not apply to the additional child
25pornography fines assessed and collected under Section
265-9-1.14 of the Unified Code of Corrections.

 

 

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1    (g) (Blank).
2    (h) (Blank).
3    (i) Of the amounts collected as fines under subsection (b)
4of Section 3-712 of the Illinois Vehicle Code, 99% shall be
5deposited into the Illinois Military Family Relief Fund and 1%
6shall be deposited into the Circuit Court Clerk Operation and
7Administrative Fund created by the Clerk of the Circuit Court
8to be used to offset the costs incurred by the Circuit Court
9Clerk in performing the additional duties required to collect
10and disburse funds to entities of State and local government as
11provided by law.
12    (j) Any person convicted of, pleading guilty to, or placed
13on supervision for a serious traffic violation, as defined in
14Section 1-187.001 of the Illinois Vehicle Code, a violation of
15Section 11-501 of the Illinois Vehicle Code, or a violation of
16a similar provision of a local ordinance shall pay an
17additional fee of $35, to be disbursed as provided in Section
1816-104d of that Code.
19    This subsection (j) becomes inoperative 7 years after the
20effective date of Public Act 95-154.
21    (k) For any conviction or disposition of court supervision
22for a violation of Section 11-1429 of the Illinois Vehicle
23Code, the circuit clerk shall distribute the fines paid by the
24person as specified by subsection (h) of Section 11-1429 of the
25Illinois Vehicle Code.
26    (l) Any person who receives a disposition of court

 

 

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

 

 

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1to a violation of the Criminal Code of 1961 or the Criminal
2Code of 2012, or a similar provision of a local ordinance, or
3who is convicted of, pleads guilty to, or receives a
4disposition of court supervision for a violation of the
5Illinois Vehicle Code, or a similar provision of a local
6ordinance, the court shall impose pay an additional fine fee of
7$15 payable to the clerk of the circuit court. This additional
8fine fee of $15 shall not be considered a part of the fine for
9purposes of any reduction in the fine for time served either
10before or after sentencing. This amount, less 2.5% that shall
11be used to defray administrative costs incurred by the clerk,
12shall be remitted by the clerk to the State Treasurer within 60
13days after receipt for deposit into the State Police Merit
14Board Public Safety Fund. The 2.5% shall be deposited by the
15clerk of the circuit into the Circuit Court Clerk Operation and
16Administration Fund a fund created by the clerk of the circuit
17court to be used to offset the costs incurred by the circuit
18court clerk in performing the additional duties required to
19collect and disburse funds as provided by law.
20(Source: P.A. 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428,
21eff. 8-24-07; 95-600, eff. 6-1-08; 95-876, eff. 8-21-08;
2296-286, eff. 8-11-09; 96-576, eff. 8-18-09; 96-578, eff.
238-18-09; 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-1175,
24eff. 9-20-10; 96-1342, eff. 1-1-11; 97-1051, eff. 1-1-13;
2597-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 

 

 

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1    (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667,
296-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, and
397-1150)
4    Sec. 27.6. (a) All fees, fines, costs, additional
5penalties, bail balances assessed or forfeited, and any other
6amount paid by a person to the circuit clerk equalling an
7amount of $55 or more, except the fine imposed by Section
85-9-1.15 of the Unified Code of Corrections, the additional fee
9required by subsections (b) and (c), restitution under Section
105-5-6 of the Unified Code of Corrections, contributions to a
11local anti-crime program ordered pursuant to Section
125-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
13Corrections, reimbursement for the costs of an emergency
14response as provided under Section 11-501 of the Illinois
15Vehicle Code, any fees collected for attending a traffic safety
16program under paragraph (c) of Supreme Court Rule 529, any fee
17collected on behalf of a State's Attorney under Section 4-2002
18of the Counties Code or a sheriff under Section 4-5001 of the
19Counties Code, or any cost imposed under Section 124A-5 of the
20Code of Criminal Procedure of 1963, for convictions, orders of
21supervision, or any other disposition for a violation of
22Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
23similar provision of a local ordinance, and any violation of
24the Child Passenger Protection Act, or a similar provision of a
25local ordinance, and except as otherwise provided in this
26Section shall be disbursed within 60 days after receipt by the

 

 

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1circuit clerk as follows: 44.5% shall be disbursed to the
2entity authorized by law to receive the fine imposed in the
3case; 16.825% shall be disbursed to the State Treasurer; and
438.675% shall be disbursed to the county's general corporate
5fund. Of the 16.825% disbursed to the State Treasurer, 2/17
6shall be deposited by the State Treasurer into the Violent
7Crime Victims Assistance Fund, 5.052/17 shall be deposited into
8the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
9be deposited into the Drivers Education Fund, and 6.948/17
10shall be deposited into the Trauma Center Fund. Of the 6.948/17
11deposited into the Trauma Center Fund from the 16.825%
12disbursed to the State Treasurer, 50% shall be disbursed to the
13Department of Public Health and 50% shall be disbursed to the
14Department of Healthcare and Family Services. For fiscal year
151993, amounts deposited into the Violent Crime Victims
16Assistance Fund, the Traffic and Criminal Conviction Surcharge
17Fund, or the Drivers Education Fund shall not exceed 110% of
18the amounts deposited into those funds in fiscal year 1991. Any
19amount that exceeds the 110% limit shall be distributed as
20follows: 50% shall be disbursed to the county's general
21corporate fund and 50% shall be disbursed to the entity
22authorized by law to receive the fine imposed in the case. Not
23later than March 1 of each year the circuit clerk shall submit
24a report of the amount of funds remitted to the State Treasurer
25under this Section during the preceding year based upon
26independent verification of fines and fees. All counties shall

 

 

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1be subject to this Section, except that counties with a
2population under 2,000,000 may, by ordinance, elect not to be
3subject to this Section. For offenses subject to this Section,
4judges shall impose one total sum of money payable for
5violations. The circuit clerk may add on no additional amounts
6except for amounts that are required by Sections 27.3a and
727.3c of this Act, Section 16-104c of the Illinois Vehicle
8Code, and subsection (a) of Section 5-1101 of the Counties
9Code, unless those amounts are specifically waived by the
10judge. With respect to money collected by the circuit clerk as
11a result of forfeiture of bail, ex parte judgment or guilty
12plea pursuant to Supreme Court Rule 529, the circuit clerk
13shall first deduct and pay amounts required by Sections 27.3a
14and 27.3c of this Act. Unless a court ordered payment schedule
15is implemented or fee requirements are waived pursuant to court
16order, the clerk of the court may add to any unpaid fees and
17costs a delinquency amount equal to 5% of the unpaid fees that
18remain unpaid after 30 days, 10% of the unpaid fees that remain
19unpaid after 60 days, and 15% of the unpaid fees that remain
20unpaid after 90 days. Notice to those parties may be made by
21signage posting or publication. The additional delinquency
22amounts collected under this Section shall be deposited in the
23Circuit Court Clerk Operation and Administrative Fund to be
24used to defray administrative costs incurred by the circuit
25clerk in performing the duties required to collect and disburse
26funds. This Section is a denial and limitation of home rule

 

 

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1powers and functions under subsection (h) of Section 6 of
2Article VII of the Illinois Constitution.
3    (b) In addition to any other fines and court costs assessed
4by the courts, any person convicted or receiving an order of
5supervision for driving under the influence of alcohol or drugs
6shall pay an additional fee of $100 to the clerk of the circuit
7court. This amount, less 2 1/2% that shall be used to defray
8administrative costs incurred by the clerk, shall be remitted
9by the clerk to the Treasurer within 60 days after receipt for
10deposit into the Trauma Center Fund. This additional fee of
11$100 shall not be considered a part of the fine for purposes of
12any reduction in the fine for time served either before or
13after sentencing. Not later than March 1 of each year the
14Circuit Clerk shall submit a report of the amount of funds
15remitted to the State Treasurer under this subsection during
16the preceding calendar year.
17    (b-1) In addition to any other fines and court costs
18assessed by the courts, any person convicted or receiving an
19order of supervision for driving under the influence of alcohol
20or drugs shall pay an additional fee of $5 to the clerk of the
21circuit court. This amount, less 2 1/2% that shall be used to
22defray administrative costs incurred by the clerk, shall be
23remitted by the clerk to the Treasurer within 60 days after
24receipt for deposit into the Spinal Cord Injury Paralysis Cure
25Research Trust Fund. This additional fee of $5 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) In addition to any other fines and court costs assessed
6by the courts, any person convicted for a violation of Sections
724-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or the
8Criminal Code of 2012 or a person sentenced for a violation of
9the Cannabis Control Act, the Illinois Controlled Substances
10Act, or the Methamphetamine Control and Community Protection
11Act shall pay an additional fee of $100 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 Trauma Center Fund. This
16additional fee of $100 shall not be considered a part of the
17fine for purposes of any reduction in the fine for time served
18either before or after sentencing. Not later than March 1 of
19each year the Circuit Clerk shall submit a report of the amount
20of funds remitted to the State Treasurer under this subsection
21during 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

 

 

09800SB0503sam003- 18 -LRB098 04696 MRW 58155 a

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 or 48-1 of the Criminal Code
17    of 1961 or the Criminal Code of 2012;
18        (2) 20% of the amounts collected for Class A and Class
19    B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
20    5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
21    for Animals Act and Section 26-5 or 48-1 of the Criminal
22    Code of 1961 or the Criminal Code of 2012; and
23        (3) 50% of the amounts collected for Class C
24    misdemeanors under Sections 4.01 and 7.1 of the Humane Care
25    for Animals Act and Section 26-5 or 48-1 of the Criminal
26    Code of 1961 or the Criminal Code of 2012.

 

 

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1    (e) Any person who receives a disposition of court
2supervision for a violation of the Illinois Vehicle Code or a
3similar provision of a local ordinance shall, in addition to
4any other fines, fees, and court costs, pay an additional fee
5of $29, to be disbursed as provided in Section 16-104c of the
6Illinois Vehicle Code. In addition to the fee of $29, the
7person shall also pay a fee of $6, if not waived by the court.
8If this $6 fee is collected, $5.50 of the fee shall be
9deposited into the Circuit Court Clerk Operation and
10Administrative Fund created by the Clerk of the Circuit Court
11and 50 cents of the fee shall be deposited into the Prisoner
12Review Board Vehicle and Equipment Fund in the State treasury.
13    (f) This Section does not apply to the additional child
14pornography fines assessed and collected under Section
155-9-1.14 of the Unified Code of Corrections.
16    (g) Any person convicted of or pleading guilty to a serious
17traffic violation, as defined in Section 1-187.001 of the
18Illinois Vehicle Code, shall pay an additional fee of $35, to
19be disbursed as provided in Section 16-104d of that Code. This
20subsection (g) becomes inoperative 7 years after the effective
21date of Public Act 95-154.
22    (h) In all counties having a population of 3,000,000 or
23more inhabitants,
24        (1) A person who is found guilty of or pleads guilty to
25    violating subsection (a) of Section 11-501 of the Illinois
26    Vehicle Code, including any person placed on court

 

 

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1    supervision for violating subsection (a), shall be fined
2    $750 as provided for by subsection (f) of Section 11-501.01
3    of the Illinois Vehicle Code, payable to the circuit clerk,
4    who shall distribute the money pursuant to subsection (f)
5    of Section 11-501.01 of the Illinois Vehicle Code.
6        (2) When a crime laboratory DUI analysis fee of $150,
7    provided for by Section 5-9-1.9 of the Unified Code of
8    Corrections is assessed, it shall be disbursed by the
9    circuit clerk as provided by subsection (f) of Section
10    5-9-1.9 of the Unified Code of Corrections.
11        (3) When a fine for a violation of Section 11-605.1 of
12    the Illinois Vehicle Code is $250 or greater, the person
13    who violated that Section shall be charged an additional
14    $125 as provided for by subsection (e) of Section 11-605.1
15    of the Illinois Vehicle Code, which shall be disbursed by
16    the circuit clerk to a State or county Transportation
17    Safety Highway Hire-back Fund as provided by subsection (e)
18    of Section 11-605.1 of the Illinois Vehicle Code.
19        (4) When a fine for a violation of subsection (a) of
20    Section 11-605 of the Illinois Vehicle Code is $150 or
21    greater, the additional $50 which is charged as provided
22    for by subsection (f) of Section 11-605 of the Illinois
23    Vehicle Code shall be disbursed by the circuit clerk to a
24    school district or districts for school safety purposes as
25    provided by subsection (f) of Section 11-605.
26        (5) When a fine for a violation of subsection (a) of

 

 

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1    Section 11-1002.5 of the Illinois Vehicle Code is $150 or
2    greater, the additional $50 which is charged as provided
3    for by subsection (c) of Section 11-1002.5 of the Illinois
4    Vehicle Code shall be disbursed by the circuit clerk to a
5    school district or districts for school safety purposes as
6    provided by subsection (c) of Section 11-1002.5 of the
7    Illinois Vehicle Code.
8        (6) When a mandatory drug court fee of up to $5 is
9    assessed as provided in subsection (f) of Section 5-1101 of
10    the Counties Code, it shall be disbursed by the circuit
11    clerk as provided in subsection (f) of Section 5-1101 of
12    the Counties Code.
13        (7) When a mandatory teen court, peer jury, youth
14    court, or other youth diversion program fee is assessed as
15    provided in subsection (e) of Section 5-1101 of the
16    Counties Code, it shall be disbursed by the circuit clerk
17    as provided in subsection (e) of Section 5-1101 of the
18    Counties Code.
19        (8) When a Children's Advocacy Center fee is assessed
20    pursuant to subsection (f-5) of Section 5-1101 of the
21    Counties Code, it shall be disbursed by the circuit clerk
22    as provided in subsection (f-5) of Section 5-1101 of the
23    Counties Code.
24        (9) When a victim impact panel fee is assessed pursuant
25    to subsection (b) of Section 11-501.01 of the Vehicle Code,
26    it shall be disbursed by the circuit clerk to the victim

 

 

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1    impact panel to be attended by the defendant.
2        (10) When a new fee collected in traffic cases is
3    enacted after the effective date of this subsection (h), it
4    shall be excluded from the percentage disbursement
5    provisions of this Section unless otherwise indicated by
6    law.
7    (i) Of the amounts collected as fines under subsection (b)
8of Section 3-712 of the Illinois Vehicle Code, 99% shall be
9deposited into the Illinois Military Family Relief Fund and 1%
10shall be deposited into the Circuit Court Clerk Operation and
11Administrative Fund created by the Clerk of the Circuit Court
12to be used to offset the costs incurred by the Circuit Court
13Clerk in performing the additional duties required to collect
14and disburse funds to entities of State and local government as
15provided by law.
16    (j) (Blank).
17    (k) For any conviction or disposition of court supervision
18for a violation of Section 11-1429 of the Illinois Vehicle
19Code, the circuit clerk shall distribute the fines paid by the
20person as specified by subsection (h) of Section 11-1429 of the
21Illinois Vehicle Code.
22    (l) Any person who receives a disposition of court
23supervision for a violation of Section 11-501 of the Illinois
24Vehicle Code or a similar provision of a local ordinance shall,
25in addition to any other fines, fees, and court costs, pay an
26additional fee of $50, which shall be collected by the circuit

 

 

09800SB0503sam003- 23 -LRB098 04696 MRW 58155 a

1clerk and then remitted to the State Treasurer for deposit into
2the Roadside Memorial Fund, a special fund in the State
3treasury. However, the court may waive the fee if full
4restitution is complied with. Subject to appropriation, all
5moneys in the Roadside Memorial Fund shall be used by the
6Department of Transportation to pay fees imposed under
7subsection (f) of Section 20 of the Roadside Memorial Act. The
8fee shall be remitted by the circuit clerk within one month
9after receipt to the State Treasurer for deposit into the
10Roadside Memorial Fund.
11    (m) Of the amounts collected as fines under subsection (c)
12of Section 411.4 of the Illinois Controlled Substances Act or
13subsection (c) of Section 90 of the Methamphetamine Control and
14Community Protection Act, 99% shall be deposited to the law
15enforcement agency or fund specified and 1% shall be deposited
16into the Circuit Court Clerk Operation and Administrative Fund
17to be used to offset the costs incurred by the Circuit Court
18Clerk in performing the additional duties required to collect
19and disburse funds to entities of State and local government as
20provided by law.
21    (n) In addition to any other fines and court costs assessed
22by the courts, any person who is convicted of or pleads guilty
23to a violation of the Criminal Code of 1961 or the Criminal
24Code of 2012, or a similar provision of a local ordinance, or
25who is convicted of, pleads guilty to, or receives a
26disposition of court supervision for a violation of the

 

 

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1Illinois Vehicle Code, or a similar provision of a local
2ordinance, the court shall impose pay an additional fine fee of
3$15 payable to the clerk of the circuit court. This additional
4fine fee of $15 shall not be considered a part of the fine for
5purposes of any reduction in the fine for time served either
6before or after sentencing. This amount, less 2.5% that shall
7be used to defray administrative costs incurred by the clerk,
8shall be remitted by the clerk to the State Treasurer within 60
9days after receipt for deposit into the State Police Merit
10Board Public Safety Fund. The 2.5% shall be deposited by the
11clerk of the circuit court into the Circuit Court Clerk
12Operation and Administration Fund a fund created by the clerk
13of the circuit court to be used to offset the costs incurred by
14the circuit court clerk in performing the additional duties
15required to collect and disburse funds as provided by law.
16(Source: P.A. 96-576, eff. 8-18-09; 96-578, eff. 8-18-09;
1796-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-735, eff. 1-1-10;
1896-1175, eff. 9-20-10; 96-1342, eff. 1-1-11; 97-434, eff.
191-1-12; 97-1051, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1150,
20eff. 1-25-13.)
 
21    Section 20. The Unified Code of Corrections is amended by
22adding Section 5-9-1.21 as follows:
 
23    (730 ILCS 5/5-9-1.21 new)
24    Sec. 5-9-1.21. Additional public safety fine. In counties

 

 

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1that have elected not to distribute moneys under the
2disbursement formulas in Sections 27.5 and 27.6 of the Clerks
3of Courts Act, in addition to any other penalty and imposed by
4the court, any person who is convicted of or receives a
5disposition of court supervision for any violation of the
6Criminal Code of 1961 or the Criminal Code of 2012, the court
7shall impose an additional fine of $15 payable to the clerk of
8the circuit court. This additional fine of $15 shall not be
9considered a part of the fine for purposes of any reduction in
10the fine for time served either before or after sentencing.
11This additional fine, less 2.5%, shall be remitted by the clerk
12to the State Treasurer within 60 days after receipt for deposit
13into the State Police Merit Board Public Safety Fund. The 2.5%
14shall be deposited by the clerk into the Circuit Court Clerk
15Operation and Administration Fund a fund created by the clerk
16of the circuit court to be used to offset the costs incurred by
17the circuit court clerk in performing the additional duties
18required to collect and disburse funds as provided by law.".