Illinois General Assembly - Full Text of HB4056
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Full Text of HB4056  102nd General Assembly

HB4056 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4056

 

Introduced 3/17/2021, by Rep. Angelica Guerrero-Cuellar

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 135/15-70
720 ILCS 5/24-3A
720 ILCS 5/24-3B

    Amends the Crime and Traffic Assessment Act. Provides that the court shall also order payment of a conditional assessment of $500 for a violation of gunrunning and firearm trafficking which shall be collected and remitted by the Clerk of the Circuit Court to the State Treasurer for deposit into the Traffic and Criminal Conviction Surcharge Fund to be used for grants by the Illinois Law Enforcement Training Standards Board to units of local government to purchase bulletproof vests for local police departments and to hire peace officers. Makes conforming changes to the Criminal Code of 2012.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4056LRB102 15096 KMF 20451 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal and Traffic Assessment Act is
5amended by changing Section 15-70 as follows:
 
6    (705 ILCS 135/15-70)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 15-70. Conditional assessments. In addition to
9payments under one of the Schedule of Assessments 1 through 13
10of this Act, the court shall also order payment of any of the
11following conditional assessment amounts for each sentenced
12violation in the case to which a conditional assessment is
13applicable, which shall be collected and remitted by the Clerk
14of the Circuit Court as provided in this Section:
15        (1) arson, residential arson, or aggravated arson,
16    $500 per conviction to the State Treasurer for deposit
17    into the Fire Prevention Fund;
18        (2) child pornography under Section 11-20.1 of the
19    Criminal Code of 1961 or the Criminal Code of 2012, $500
20    per conviction, unless more than one agency is responsible
21    for the arrest in which case the amount shall be remitted
22    to each unit of government equally:
23            (A) if the arresting agency is an agency of a unit

 

 

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1        of local government, $500 to the treasurer of the unit
2        of local government for deposit into the unit of local
3        government's General Fund, except that if the
4        Department of State Police provides digital or
5        electronic forensic examination assistance, or both,
6        to the arresting agency then $100 to the State
7        Treasurer for deposit into the State Crime Laboratory
8        Fund; or
9            (B) if the arresting agency is the Department of
10        State Police, $500 to the State Treasurer for deposit
11        into the State Crime Laboratory Fund;
12        (3) crime laboratory drug analysis for a drug-related
13    offense involving possession or delivery of cannabis or
14    possession or delivery of a controlled substance as
15    defined in the Cannabis Control Act, the Illinois
16    Controlled Substances Act, or the Methamphetamine Control
17    and Community Protection Act, $100 reimbursement for
18    laboratory analysis, as set forth in subsection (f) of
19    Section 5-9-1.4 of the Unified Code of Corrections;
20        (4) DNA analysis, $250 on each conviction in which it
21    was used to the State Treasurer for deposit into the State
22    Offender DNA Identification System Fund as set forth in
23    Section 5-4-3 of the Unified Code of Corrections;
24        (5) DUI analysis, $150 on each sentenced violation in
25    which it was used as set forth in subsection (f) of Section
26    5-9-1.9 of the Unified Code of Corrections;

 

 

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1        (6) drug-related offense involving possession or
2    delivery of cannabis or possession or delivery of a
3    controlled substance, other than methamphetamine, as
4    defined in the Cannabis Control Act or the Illinois
5    Controlled Substances Act, an amount not less than the
6    full street value of the cannabis or controlled substance
7    seized for each conviction to be disbursed as follows:
8            (A) 12.5% of the street value assessment shall be
9        paid into the Youth Drug Abuse Prevention Fund, to be
10        used by the Department of Human Services for the
11        funding of programs and services for drug-abuse
12        treatment, and prevention and education services;
13            (B) 37.5% to the county in which the charge was
14        prosecuted, to be deposited into the county General
15        Fund;
16            (C) 50% to the treasurer of the arresting law
17        enforcement agency of the municipality or county, or
18        to the State Treasurer if the arresting agency was a
19        state agency;
20            (D) if the arrest was made in combination with
21        multiple law enforcement agencies, the clerk shall
22        equitably allocate the portion in subparagraph (C) of
23        this paragraph (6) among the law enforcement agencies
24        involved in the arrest;
25        (6.5) Kane County or Will County, in felony,
26    misdemeanor, local or county ordinance, traffic, or

 

 

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1    conservation cases, up to $30 as set by the county board
2    under Section 5-1101.3 of the Counties Code upon the entry
3    of a judgment of conviction, an order of supervision, or a
4    sentence of probation without entry of judgment under
5    Section 10 of the Cannabis Control Act, Section 410 of the
6    Illinois Controlled Substances Act, Section 70 of the
7    Methamphetamine Control and Community Protection Act,
8    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
9    the Criminal Code of 1961 or the Criminal Code of 2012,
10    Section 10-102 of the Illinois Alcoholism and Other Drug
11    Dependency Act, or Section 10 of the Steroid Control Act;
12    except in local or county ordinance, traffic, and
13    conservation cases, if fines are paid in full without a
14    court appearance, then the assessment shall not be imposed
15    or collected. Distribution of assessments collected under
16    this paragraph (6.5) shall be as provided in Section
17    5-1101.3 of the Counties Code;
18        (7) methamphetamine-related offense involving
19    possession or delivery of methamphetamine or any salt of
20    an optical isomer of methamphetamine or possession of a
21    methamphetamine manufacturing material as set forth in
22    Section 10 of the Methamphetamine Control and Community
23    Protection Act with the intent to manufacture a substance
24    containing methamphetamine or salt of an optical isomer of
25    methamphetamine, an amount not less than the full street
26    value of the methamphetamine or salt of an optical isomer

 

 

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1    of methamphetamine or methamphetamine manufacturing
2    materials seized for each conviction to be disbursed as
3    follows:
4            (A) 12.5% of the street value assessment shall be
5        paid into the Youth Drug Abuse Prevention Fund, to be
6        used by the Department of Human Services for the
7        funding of programs and services for drug-abuse
8        treatment, and prevention and education services;
9            (B) 37.5% to the county in which the charge was
10        prosecuted, to be deposited into the county General
11        Fund;
12            (C) 50% to the treasurer of the arresting law
13        enforcement agency of the municipality or county, or
14        to the State Treasurer if the arresting agency was a
15        state agency;
16            (D) if the arrest was made in combination with
17        multiple law enforcement agencies, the clerk shall
18        equitably allocate the portion in subparagraph (C) of
19        this paragraph (6) among the law enforcement agencies
20        involved in the arrest;
21        (8) order of protection violation under Section 12-3.4
22    of the Criminal Code of 2012, $200 for each conviction to
23    the county treasurer for deposit into the Probation and
24    Court Services Fund for implementation of a domestic
25    violence surveillance program and any other assessments or
26    fees imposed under Section 5-9-1.16 of the Unified Code of

 

 

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1    Corrections;
2        (9) order of protection violation, $25 for each
3    violation to the State Treasurer, for deposit into the
4    Domestic Violence Abuser Services Fund;
5        (10) prosecution by the State's Attorney of a:
6            (A) petty or business offense, $4 to the county
7        treasurer of which $2 deposited into the State's
8        Attorney Records Automation Fund and $2 into the
9        Public Defender Records Automation Fund;
10            (B) conservation or traffic offense, $2 to the
11        county treasurer for deposit into the State's Attorney
12        Records Automation Fund;
13        (11) speeding in a construction zone violation, $250
14    to the State Treasurer for deposit into the Transportation
15    Safety Highway Hire-back Fund, unless (i) the violation
16    occurred on a highway other than an interstate highway and
17    (ii) a county police officer wrote the ticket for the
18    violation, in which case to the county treasurer for
19    deposit into that county's Transportation Safety Highway
20    Hire-back Fund;
21        (12) supervision disposition on an offense under the
22    Illinois Vehicle Code or similar provision of a local
23    ordinance, 50 cents, unless waived by the court, into the
24    Prisoner Review Board Vehicle and Equipment Fund;
25        (13) victim and offender are family or household
26    members as defined in Section 103 of the Illinois Domestic

 

 

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1    Violence Act of 1986 and offender pleads guilty or no
2    contest to or is convicted of murder, voluntary
3    manslaughter, involuntary manslaughter, burglary,
4    residential burglary, criminal trespass to residence,
5    criminal trespass to vehicle, criminal trespass to land,
6    criminal damage to property, telephone harassment,
7    kidnapping, aggravated kidnaping, unlawful restraint,
8    forcible detention, child abduction, indecent solicitation
9    of a child, sexual relations between siblings,
10    exploitation of a child, child pornography, assault,
11    aggravated assault, battery, aggravated battery, heinous
12    battery, aggravated battery of a child, domestic battery,
13    reckless conduct, intimidation, criminal sexual assault,
14    predatory criminal sexual assault of a child, aggravated
15    criminal sexual assault, criminal sexual abuse, aggravated
16    criminal sexual abuse, violation of an order of
17    protection, disorderly conduct, endangering the life or
18    health of a child, child abandonment, contributing to
19    dependency or neglect of child, or cruelty to children and
20    others, $200 for each sentenced violation to the State
21    Treasurer for deposit as follows: (i) for sexual assault,
22    as defined in Section 5-9-1.7 of the Unified Code of
23    Corrections, when the offender and victim are family
24    members, one-half to the Domestic Violence Shelter and
25    Service Fund, and one-half to the Sexual Assault Services
26    Fund; (ii) for the remaining offenses to the Domestic

 

 

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1    Violence Shelter and Service Fund;
2        (14) violation of Section 11-501 of the Illinois
3    Vehicle Code, Section 5-7 of the Snowmobile Registration
4    and Safety Act, Section 5-16 of the Boat Registration and
5    Safety Act, or a similar provision, whose operation of a
6    motor vehicle, snowmobile, or watercraft while in
7    violation of Section 11-501, Section 5-7 of the Snowmobile
8    Registration and Safety Act, Section 5-16 of the Boat
9    Registration and Safety Act, or a similar provision
10    proximately caused an incident resulting in an appropriate
11    emergency response, $1,000 maximum to the public agency
12    that provided an emergency response related to the
13    person's violation, and if more than one agency responded,
14    the amount payable to public agencies shall be shared
15    equally;
16        (15) violation of Section 401, 407, or 407.2 of the
17    Illinois Controlled Substances Act that proximately caused
18    any incident resulting in an appropriate drug-related
19    emergency response, $1,000 as reimbursement for the
20    emergency response to the law enforcement agency that made
21    the arrest, and if more than one agency is responsible for
22    the arrest, the amount payable to law enforcement agencies
23    shall be shared equally;
24        (16) violation of reckless driving, aggravated
25    reckless driving, or driving 26 miles per hour or more in
26    excess of the speed limit that triggered an emergency

 

 

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1    response, $1,000 maximum reimbursement for the emergency
2    response to be distributed in its entirety to a public
3    agency that provided an emergency response related to the
4    person's violation, and if more than one agency responded,
5    the amount payable to public agencies shall be shared
6    equally;
7        (17) violation based upon each plea of guilty,
8    stipulation of facts, or finding of guilt resulting in a
9    judgment of conviction or order of supervision for an
10    offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of
11    the Criminal Code of 2012 that results in the imposition
12    of a fine, to be distributed as follows:
13            (A) $50 to the county treasurer for deposit into
14        the Circuit Court Clerk Operation and Administrative
15        Fund to cover the costs in administering this
16        paragraph (17);
17            (B) $300 to the State Treasurer who shall deposit
18        the portion as follows:
19                (i) if the arresting or investigating agency
20            is the Department of State Police, into the State
21            Police Law Enforcement Administration Fund;
22                (ii) if the arresting or investigating agency
23            is the Department of Natural Resources, into the
24            Conservation Police Operations Assistance Fund;
25                (iii) if the arresting or investigating agency
26            is the Secretary of State, into the Secretary of

 

 

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1            State Police Services Fund;
2                (iv) if the arresting or investigating agency
3            is the Illinois Commerce Commission, into the
4            Transportation Regulatory Fund; or
5                (v) if more than one of the State agencies in
6            this subparagraph (B) is the arresting or
7            investigating agency, then equal shares with the
8            shares deposited as provided in the applicable
9            items (i) through (iv) of this subparagraph (B);
10            and
11            (C) the remainder for deposit into the Specialized
12        Services for Survivors of Human Trafficking Fund;
13        (17.5) violation of Section 24-3A or Section 24-3B of
14    the Criminal Code of 2012, $500 for each conviction to the
15    State Treasurer for deposit into the Traffic and Criminal
16    Conviction Surcharge Fund to be used for grants by the
17    Illinois Law Enforcement Training Standards Board to units
18    of local government to purchase bulletproof vests for
19    local police departments and to hire peace officers; and
20        (18) weapons violation under Section 24-1.1, 24-1.2,
21    or 24-1.5 of the Criminal Code of 1961 or the Criminal Code
22    of 2012, $100 for each conviction to the State Treasurer
23    for deposit into the Trauma Center Fund; and
24        (19) violation of subsection (c) of Section 11-907 of
25    the Illinois Vehicle Code, $250 to the State Treasurer for
26    deposit into the Scott's Law Fund, unless a county or

 

 

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1    municipal police officer wrote the ticket for the
2    violation, in which case to the county treasurer for
3    deposit into that county's or municipality's
4    Transportation Safety Highway Hire-back Fund to be used as
5    provided in subsection (j) of Section 11-907 of the
6    Illinois Vehicle Code.
7(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19;
8101-173, eff. 1-1-20; 101-636, eff. 6-10-20.)
 
9    Section 10. The Criminal Code of 2012 is amended by
10changing Sections 24-3A and 24-3B as follows:
 
11    (720 ILCS 5/24-3A)
12    Sec. 24-3A. Gunrunning.
13    (a) A person commits gunrunning when he or she transfers 3
14or more firearms in violation of any of the paragraphs of
15Section 24-3 of this Code.
16    (b) Sentence. A person who commits gunrunning:
17        (1) is guilty of a Class 1 felony;
18        (2) is guilty of a Class X felony for which the
19    sentence shall be a term of imprisonment of not less than 8
20    years and not more than 40 years if the transfer is of not
21    less than 11 firearms and not more than 20 firearms;
22        (3) is guilty of a Class X felony for which the
23    sentence shall be a term of imprisonment of not less than
24    10 years and not more than 50 years if the transfer is of

 

 

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1    more than 20 firearms.
2A person who commits gunrunning by transferring firearms to a
3person who, at the time of the commission of the offense, is
4under 18 years of age is guilty of a Class X felony.
5    (c) In addition to any other penalties, a person convicted
6of gunrunning shall pay an assessment of $500 to the clerk
7which shall be forwarded to the State Treasurer. The
8assessment shall be deposited into the Traffic and Criminal
9Conviction Surcharge Fund to be used for grants by the
10Illinois Law Enforcement Training Standards Board to units of
11local government to purchase bulletproof vests for local
12police departments and to hire peace officers.
13(Source: P.A. 93-906, eff. 8-11-04.)
 
14    (720 ILCS 5/24-3B)
15    Sec. 24-3B. Firearms trafficking.
16    (a) A person commits firearms trafficking when he or she
17has not been issued a currently valid Firearm Owner's
18Identification Card and knowingly:
19        (1) brings, or causes to be brought, into this State,
20    a firearm or firearm ammunition for the purpose of sale,
21    delivery, or transfer to any other person or with the
22    intent to sell, deliver, or transfer the firearm or
23    firearm ammunition to any other person; or
24        (2) brings, or causes to be brought, into this State,
25    a firearm and firearm ammunition for the purpose of sale,

 

 

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1    delivery, or transfer to any other person or with the
2    intent to sell, deliver, or transfer the firearm and
3    firearm ammunition to any other person.
4    (a-5) This Section does not apply to:
5        (1) a person exempt under Section 2 of the Firearm
6    Owners Identification Card Act from the requirement of
7    having possession of a Firearm Owner's Identification Card
8    previously issued in his or her name by the Department of
9    State Police in order to acquire or possess a firearm or
10    firearm ammunition;
11        (2) a common carrier under subsection (i) of Section
12    24-2 of this Code; or
13        (3) a non-resident who may lawfully possess a firearm
14    in his or her resident state.
15    (b) Sentence.
16        (1) Firearms trafficking is a Class 1 felony for which
17    the person, if sentenced to a term of imprisonment, shall
18    be sentenced to not less than 4 years and not more than 20
19    years.
20        (2) Firearms trafficking by a person who has been
21    previously convicted of firearms trafficking, gunrunning,
22    or a felony offense for the unlawful sale, delivery, or
23    transfer of a firearm or firearm ammunition in this State
24    or another jurisdiction is a Class X felony.
25    (c) In addition to any other penalties, a person convicted
26of firearm trafficking shall pay an assessment of $500 to the

 

 

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1clerk which shall be forwarded to the State Treasurer. The
2assessment shall be deposited into the Traffic and Criminal
3Conviction Surcharge Fund to be used for grants by the
4Illinois Law Enforcement Training Standards Board to units of
5local government to purchase bulletproof vests for local
6police departments and to hire peace officers.
7(Source: P.A. 99-885, eff. 8-23-16.)