Rep. Jay Hoffman

Filed: 4/15/2015

 

 


 

 


 
09900HB4006ham001LRB099 11163 MGM 33835 a

1
AMENDMENT TO HOUSE BILL 4006

2    AMENDMENT NO. ______. Amend House Bill 4006 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the Burn
5Victims Relief Act, which may be referred to as the George
6Bailey Memorial Law.
 
7    Section 5. The George Bailey Memorial Program.
8    (a) The George Bailey Memorial Program is created under the
9Department of Insurance, under which any burn victim who,
10through no fault of his or her own, has become disabled and has
11been told by 2 independent physicians that his or her prognosis
12is that he or she has less than 18 months left to live shall
13immediately receive the 5 months' pay that he or she would have
14received for Social Security had there not been a mandatory
155-month waiting period. The person shall receive the same
16amount that he or she would receive under the federal

 

 

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1Supplemental Security income program, minus $25. This amount
2shall be paid in equal payments for 5 months, ending after the
3end of the 5-month period or upon the applicant's death.
4    As used in this Section, "through no fault of his or her
5own" means that the individual is not the proximate cause of
6his or her injury, through either gross negligence or by use of
7a substance that is well known to possibly cause grave bodily
8injury by a short amount of use or exposure.
9    (b) Any moneys that a person or his or her estate, trust,
10or heirs receive from a settlement for the injury that is the
11proximate cause of person's disability under this Act shall be
12used to repay the George Bailey Memorial Fund, except as
13provided under subsection (h) of this Section. The moneys shall
14be paid directly to the office of the Treasurer and shall be
15forwarded to the fund minus a 20% administrative fee.
16    (c) Any person meeting the requirements of subsection (a)
17and whose application to the Board is approved unanimously
18shall be eligible to participate in the Program.
19    (d) Any active member of the United States armed forces
20shall be eligible if he or she was a resident of Illinois for
21at least 12 months before enlisting and he or she planned to
22return to Illinois.
23    (e) Any legal resident of Illinois who, at the time of the
24injury, was a resident of Illinois who would qualify under
25subsection (a) shall not be disqualified for residency
26requirements, provided that he or she was a legal resident at

 

 

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1the time of the injury.
2    (f) Fraud committed by a physician concerning the diagnosis
3under subsection (a), or a person attempting to obtain money,
4or by a State official who knowingly helps to defraud the State
5through an act in relation to the Program shall be a Class 3
6felony.
7    (g) Any legal resident of Illinois is eligible for
8participation in the Program and shall not be disqualified if
9the injury occurs outside of the State.
10    (h) The State shall have lien rights against all
11settlements or moneys otherwise collected due to the injury
12under this Act, but if the amount collected is less than the
13amount owed to the State through the Program, the State may not
14attached anything beyond the moneys given under the Program.
 
15    Section 10. Payments to the George Bailey Memorial Fund.
16The George Bailey Memorial Fund shall be funded pursuant to
17subsection (p) of Section 27.6 of the Clerks of Courts Act. If
18the funds available are not adequate to meet the requirements
19of this Act, the Department of Insurance shall inform the State
20Treasurer and State Comptroller, and the State Treasurer shall
21certify and the State Comptroller shall transfer the necessary
22funds from the Foreign Fire Fund into the George Bailey
23Memorial Fund.
 
24    Section 90. The State Finance Act is amended by adding

 

 

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1Section 5.866 as follows:
 
2    (30 ILCS 105/5.866 new)
3    Sec. 5.866. The George Bailey Memorial Fund.
 
4    Section 95. 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, 96-1342, 97-434, 97-1051, 97-1108, 97-1150,
998-658, and 98-1013)
10    Sec. 27.6. (a) All fees, fines, costs, additional
11penalties, bail balances assessed or forfeited, and any other
12amount paid by a person to the circuit clerk equalling an
13amount of $55 or more, except the fine imposed by Section
145-9-1.15 of the Unified Code of Corrections, the additional fee
15required by subsections (b) and (c), restitution under Section
165-5-6 of the Unified Code of Corrections, contributions to a
17local anti-crime program ordered pursuant to Section
185-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
19Corrections, reimbursement for the costs of an emergency
20response as provided under Section 11-501 of the Illinois
21Vehicle Code, any fees collected for attending a traffic safety
22program under paragraph (c) of Supreme Court Rule 529, any fee
23collected on behalf of a State's Attorney under Section 4-2002

 

 

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1of the Counties Code or a sheriff under Section 4-5001 of the
2Counties Code, or any cost imposed under Section 124A-5 of the
3Code of Criminal Procedure of 1963, for convictions, orders of
4supervision, or any other disposition for a violation of
5Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
6similar provision of a local ordinance, and any violation of
7the Child Passenger Protection Act, or a similar provision of a
8local ordinance, and except as otherwise provided in this
9Section shall be disbursed within 60 days after receipt by the
10circuit clerk as follows: 44.5% shall be disbursed to the
11entity authorized by law to receive the fine imposed in the
12case; 16.825% shall be disbursed to the State Treasurer; and
1338.675% shall be disbursed to the county's general corporate
14fund. Of the 16.825% disbursed to the State Treasurer, 2/17
15shall be deposited by the State Treasurer into the Violent
16Crime Victims Assistance Fund, 5.052/17 shall be deposited into
17the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
18be deposited into the Drivers Education Fund, and 6.948/17
19shall be deposited into the Trauma Center Fund. Of the 6.948/17
20deposited into the Trauma Center Fund from the 16.825%
21disbursed to the State Treasurer, 50% shall be disbursed to the
22Department of Public Health and 50% shall be disbursed to the
23Department of Healthcare and Family Services. For fiscal year
241993, amounts deposited into the Violent Crime Victims
25Assistance Fund, the Traffic and Criminal Conviction Surcharge
26Fund, or the Drivers Education Fund shall not exceed 110% of

 

 

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1the amounts deposited into those funds in fiscal year 1991. Any
2amount that exceeds the 110% limit shall be distributed as
3follows: 50% shall be disbursed to the county's general
4corporate fund and 50% shall be disbursed to the entity
5authorized by law to receive the fine imposed in the case. Not
6later than March 1 of each year the circuit clerk shall submit
7a report of the amount of funds remitted to the State Treasurer
8under this Section during the preceding year based upon
9independent verification of fines and fees. All counties shall
10be subject to this Section, except that counties with a
11population under 2,000,000 may, by ordinance, elect not to be
12subject to this Section. For offenses subject to this Section,
13judges shall impose one total sum of money payable for
14violations. The circuit clerk may add on no additional amounts
15except for amounts that are required by Sections 27.3a and
1627.3c of this Act, unless those amounts are specifically waived
17by the judge. With respect to money collected by the circuit
18clerk as a result of forfeiture of bail, ex parte judgment or
19guilty plea pursuant to Supreme Court Rule 529, the circuit
20clerk shall first deduct and pay amounts required by Sections
2127.3a and 27.3c of this Act. This Section is a denial and
22limitation of home rule powers and functions under subsection
23(h) of Section 6 of Article VII of the Illinois Constitution.
24    (b) In addition to any other fines and court costs assessed
25by the courts, any person convicted or receiving an order of
26supervision for driving under the influence of alcohol or drugs

 

 

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

 

 

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1by the courts, any person convicted for a violation of Sections
224-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or the
3Criminal Code of 2012 or a person sentenced for a violation of
4the Cannabis Control Act, the Illinois Controlled Substances
5Act, or the Methamphetamine Control and Community Protection
6Act shall pay an additional fee of $100 to the clerk of the
7circuit court. This amount, less 2 1/2% that shall be used to
8defray administrative costs incurred by the clerk, shall be
9remitted by the clerk to the Treasurer within 60 days after
10receipt for deposit into the Trauma Center Fund. This
11additional fee of $100 shall not be considered a part of the
12fine for purposes of any reduction in the fine for time served
13either before or after sentencing. Not later than March 1 of
14each year the Circuit Clerk shall submit a report of the amount
15of funds remitted to the State Treasurer under this subsection
16during the preceding calendar year.
17    (c-1) In addition to any other fines and court costs
18assessed by the courts, any person sentenced for a violation of
19the Cannabis Control Act, the Illinois Controlled Substances
20Act, or the Methamphetamine Control and Community Protection
21Act 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    (d) The following amounts must be remitted to the State
7Treasurer for deposit into the Illinois Animal Abuse Fund:
8        (1) 50% of the amounts collected for felony offenses
9    under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
10    5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
11    Animals Act and Section 26-5 or 48-1 of the Criminal Code
12    of 1961 or the Criminal Code of 2012;
13        (2) 20% of the amounts collected for Class A and Class
14    B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
15    5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
16    for Animals Act and Section 26-5 or 48-1 of the Criminal
17    Code of 1961 or the Criminal Code of 2012; and
18        (3) 50% of the amounts collected for Class C
19    misdemeanors under Sections 4.01 and 7.1 of the Humane Care
20    for Animals Act and Section 26-5 or 48-1 of the Criminal
21    Code of 1961 or the Criminal Code of 2012.
22    (e) Any person who receives a disposition of court
23supervision for a violation of the Illinois Vehicle Code or a
24similar provision of a local ordinance shall, in addition to
25any other fines, fees, and court costs, pay an additional fee
26of $29, to be disbursed as provided in Section 16-104c of the

 

 

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1Illinois Vehicle Code. In addition to the fee of $29, the
2person shall also pay a fee of $6, if not waived by the court.
3If this $6 fee is collected, $5.50 of the fee shall be
4deposited into the Circuit Court Clerk Operation and
5Administrative Fund created by the Clerk of the Circuit Court
6and 50 cents of the fee shall be deposited into the Prisoner
7Review Board Vehicle and Equipment Fund in the State treasury.
8    (f) This Section does not apply to the additional child
9pornography fines assessed and collected under Section
105-9-1.14 of the Unified Code of Corrections.
11    (g) (Blank).
12    (h) (Blank).
13    (i) Of the amounts collected as fines under subsection (b)
14of Section 3-712 of the Illinois Vehicle Code, 99% shall be
15deposited into the Illinois Military Family Relief Fund and 1%
16shall be deposited into the Circuit Court Clerk Operation and
17Administrative Fund created by the Clerk of the Circuit Court
18to be used to offset the costs incurred by the Circuit Court
19Clerk in performing the additional duties required to collect
20and disburse funds to entities of State and local government as
21provided by law.
22    (j) Any person convicted of, pleading guilty to, or placed
23on supervision for a serious traffic violation, as defined in
24Section 1-187.001 of the Illinois Vehicle Code, a violation of
25Section 11-501 of the Illinois Vehicle Code, or a violation of
26a similar provision of a local ordinance shall pay an

 

 

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1additional fee of $35, to be disbursed as provided in Section
216-104d of that Code.
3    This subsection (j) becomes inoperative on January 1, 2020.
4    (k) For any conviction or disposition of court supervision
5for a violation of Section 11-1429 of the Illinois Vehicle
6Code, the circuit clerk shall distribute the fines paid by the
7person as specified by subsection (h) of Section 11-1429 of the
8Illinois Vehicle Code.
9    (l) Any person who receives a disposition of court
10supervision for a violation of Section 11-501 of the Illinois
11Vehicle Code or a similar provision of a local ordinance shall,
12in addition to any other fines, fees, and court costs, pay an
13additional fee of $50, which shall be collected by the circuit
14clerk and then remitted to the State Treasurer for deposit into
15the Roadside Memorial Fund, a special fund in the State
16treasury. However, the court may waive the fee if full
17restitution is complied with. Subject to appropriation, all
18moneys in the Roadside Memorial Fund shall be used by the
19Department of Transportation to pay fees imposed under
20subsection (f) of Section 20 of the Roadside Memorial Act. The
21fee shall be remitted by the circuit clerk within one month
22after receipt to the State Treasurer for deposit into the
23Roadside Memorial Fund.
24    (m) Of the amounts collected as fines under subsection (c)
25of Section 411.4 of the Illinois Controlled Substances Act or
26subsection (c) of Section 90 of the Methamphetamine Control and

 

 

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1Community Protection Act, 99% shall be deposited to the law
2enforcement agency or fund specified and 1% shall be deposited
3into the Circuit Court Clerk Operation and Administrative Fund
4to be used to offset the costs incurred by the Circuit Court
5Clerk in performing the additional duties required to collect
6and disburse funds to entities of State and local government as
7provided by law.
8    (n) In addition to any other fines and court costs assessed
9by the courts, any person who is convicted of or pleads guilty
10to a violation of the Criminal Code of 1961 or the Criminal
11Code of 2012, or a similar provision of a local ordinance, or
12who is convicted of, pleads guilty to, or receives a
13disposition of court supervision for a violation of the
14Illinois Vehicle Code, or a similar provision of a local
15ordinance, shall pay an additional fee of $15 to the clerk of
16the circuit court. This additional fee of $15 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.
19This amount, less 2.5% that shall be used to defray
20administrative costs incurred by the clerk, shall be remitted
21by the clerk to the State Treasurer within 60 days after
22receipt for deposit into the State Police Merit Board Public
23Safety Fund.
24    (o) The amounts collected as fines under Sections 10-9,
2511-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall
26be collected by the circuit clerk and distributed as provided

 

 

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1under Section 5-9-1.21 of the Unified Code of Corrections in
2lieu of any disbursement under subsection (a) of this Section.
3    (p) In addition to any other fees and penalties imposed,
4any person who is convicted of or pleads guilty to a violation
5of Section 20-1 or Section 20-1.1 of the Criminal Code of 2012
6shall pay an additional fee of $250 to the clerk of the circuit
7court. This additional fee of $250 shall not be considered a
8part of the fine for purposes of any reduction in the fine for
9time served either before or after sentencing. This amount,
10less 2.5% that shall be used to defray administrative costs
11incurred by the clerk, shall be remitted by the clerk to the
12State Treasurer within 60 days after receipt for deposit into
13the George Bailey Memorial Fund.
14(Source: P.A. 97-434, eff. 1-1-12; 97-1051, eff. 1-1-13;
1597-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-658, eff.
166-23-14; 98-1013, eff. 1-1-15; revised 10-2-14.)
 
17    (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667,
1896-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150,
1998-658, and 98-1013)
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 the
25Criminal Code of 2012 or a person sentenced for a violation of
26the Cannabis Control Act, the Illinois Controlled Substances

 

 

09900HB4006ham001- 18 -LRB099 11163 MGM 33835 a

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

 

 

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1under this subsection during the preceding calendar year.
2    (d) The following amounts must be remitted to the State
3Treasurer for deposit into the Illinois Animal Abuse Fund:
4        (1) 50% of the amounts collected for felony offenses
5    under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
6    5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
7    Animals Act and Section 26-5 or 48-1 of the Criminal Code
8    of 1961 or the Criminal Code of 2012;
9        (2) 20% of the amounts collected for Class A and Class
10    B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
11    5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
12    for Animals Act and Section 26-5 or 48-1 of the Criminal
13    Code of 1961 or the Criminal Code of 2012; and
14        (3) 50% of the amounts collected for Class C
15    misdemeanors under Sections 4.01 and 7.1 of the Humane Care
16    for Animals Act and Section 26-5 or 48-1 of the Criminal
17    Code of 1961 or the Criminal Code of 2012.
18    (e) Any person who receives a disposition of court
19supervision for a violation of the Illinois Vehicle Code or a
20similar provision of a local ordinance shall, in addition to
21any other fines, fees, and court costs, pay an additional fee
22of $29, to be disbursed as provided in Section 16-104c of the
23Illinois Vehicle Code. In addition to the fee of $29, the
24person shall also pay a fee of $6, if not waived by the court.
25If this $6 fee is collected, $5.50 of the fee shall be
26deposited into the Circuit Court Clerk Operation and

 

 

09900HB4006ham001- 20 -LRB099 11163 MGM 33835 a

1Administrative Fund created by the Clerk of the Circuit Court
2and 50 cents of the fee shall be deposited into the Prisoner
3Review Board Vehicle and Equipment Fund in the State treasury.
4    (f) This Section does not apply to the additional child
5pornography fines assessed and collected under Section
65-9-1.14 of the Unified Code of Corrections.
7    (g) Any person convicted of or pleading guilty to a serious
8traffic violation, as defined in Section 1-187.001 of the
9Illinois Vehicle Code, shall pay an additional fee of $35, to
10be disbursed as provided in Section 16-104d of that Code. This
11subsection (g) becomes inoperative on January 1, 2020.
12    (h) In all counties having a population of 3,000,000 or
13more inhabitants,
14        (1) A person who is found guilty of or pleads guilty to
15    violating subsection (a) of Section 11-501 of the Illinois
16    Vehicle Code, including any person placed on court
17    supervision for violating subsection (a), shall be fined
18    $750 as provided for by subsection (f) of Section 11-501.01
19    of the Illinois Vehicle Code, payable to the circuit clerk,
20    who shall distribute the money pursuant to subsection (f)
21    of Section 11-501.01 of the Illinois Vehicle Code.
22        (2) When a crime laboratory DUI analysis fee of $150,
23    provided for by Section 5-9-1.9 of the Unified Code of
24    Corrections is assessed, it shall be disbursed by the
25    circuit clerk as provided by subsection (f) of Section
26    5-9-1.9 of the Unified Code of Corrections.

 

 

09900HB4006ham001- 21 -LRB099 11163 MGM 33835 a

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

 

 

09900HB4006ham001- 22 -LRB099 11163 MGM 33835 a

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

 

 

09900HB4006ham001- 23 -LRB099 11163 MGM 33835 a

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

 

 

09900HB4006ham001- 24 -LRB099 11163 MGM 33835 a

1    (m) Of the amounts collected as fines under subsection (c)
2of Section 411.4 of the Illinois Controlled Substances Act or
3subsection (c) of Section 90 of the Methamphetamine Control and
4Community Protection Act, 99% shall be deposited to the law
5enforcement agency or fund specified and 1% shall be deposited
6into the Circuit Court Clerk Operation and Administrative Fund
7to be used to offset the costs incurred by the Circuit Court
8Clerk in performing the additional duties required to collect
9and disburse funds to entities of State and local government as
10provided by law.
11    (n) In addition to any other fines and court costs assessed
12by the courts, any person who is convicted of or pleads guilty
13to a violation of the Criminal Code of 1961 or the Criminal
14Code of 2012, or a similar provision of a local ordinance, or
15who is convicted of, pleads guilty to, or receives a
16disposition of court supervision for a violation of the
17Illinois Vehicle Code, or a similar provision of a local
18ordinance, shall pay an additional fee of $15 to the clerk of
19the circuit court. This additional fee of $15 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.
22This amount, less 2.5% that shall be used to defray
23administrative costs incurred by the clerk, shall be remitted
24by the clerk to the State Treasurer within 60 days after
25receipt for deposit into the State Police Merit Board Public
26Safety Fund.

 

 

09900HB4006ham001- 25 -LRB099 11163 MGM 33835 a

1    (o) The amounts collected as fines under Sections 10-9,
211-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall
3be collected by the circuit clerk and distributed as provided
4under Section 5-9-1.21 of the Unified Code of Corrections in
5lieu of any disbursement under subsection (a) of this Section.
6    (p) In addition to any other fees and penalties imposed,
7any person who is convicted of or pleads guilty to a violation
8of Section 20-1 or Section 20-1.1 of the Criminal Code of 2012
9shall pay an additional fee of $250 to the clerk of the circuit
10court. This additional fee of $250 shall not be considered a
11part of the fine for purposes of any reduction in the fine for
12time served either before or after sentencing. This amount,
13less 2.5% that shall be used to defray administrative costs
14incurred by the clerk, shall be remitted by the clerk to the
15State Treasurer within 60 days after receipt for deposit into
16the George Bailey Memorial Fund.
17(Source: P.A. 97-434, eff. 1-1-12; 97-1051, eff. 1-1-13;
1897-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-658, eff.
196-23-14; 98-1013, eff. 1-1-15; revised 10-2-14.)".