093_HB0352

 
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 1        AN ACT regarding vehicles.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The State Finance Act is  amended  by  adding
 5    Section 5.596 as follows:

 6        (30 ILCS 105/5.596 new)
 7        Sec. 5.596.  The Seat Belt Compliance Program Fund.

 8        Section  10.   The  Illinois  Vehicle  Code is amended by
 9    changing Section 12-603.1 as follows:

10        (625 ILCS 5/12-603.1) (from Ch. 95 1/2, par. 12-603.1)
11        Sec. 12-603.1.  Driver  and  passenger  required  to  use
12    safety belts, exceptions and penalty.
13        (a)  Each  driver  and  front  seat  passenger of a motor
14    vehicle operated on a street or highway in this  State  shall
15    wear  a  properly  adjusted  and  fastened  seat safety belt;
16    except that, a child less  than  6  years  of  age  shall  be
17    protected   as  required  pursuant  to  the  Child  Passenger
18    Protection Act. Each driver under the age  of  18  years  and
19    each  of the driver's passengers under the age of 18 years of
20    a motor vehicle operated on a street or highway in this State
21    shall wear a properly adjusted and fastened seat safety belt.
22    Each driver of a motor vehicle transporting a child  6  years
23    of  age  or more, but less than 16 years of age, in the front
24    seat of the  motor  vehicle  shall  secure  the  child  in  a
25    properly adjusted and fastened seat safety belt.
26        (b)  Paragraph   (a)  shall  not  apply  to  any  of  the
27    following:
28             1.  A driver or passenger  frequently  stopping  and
29        leaving  the  vehicle  or  delivering  property  from the
 
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 1        vehicle, if the speed of the vehicle between  stops  does
 2        not exceed 15 miles per hour.
 3             2.  A  driver  or  passenger  possessing  a  written
 4        statement  from  a  physician that such person is unable,
 5        for medical or physical reasons, to wear  a  seat  safety
 6        belt.
 7             3.  A  driver  or  passenger  possessing an official
 8        certificate  or  license  endorsement   issued   by   the
 9        appropriate agency in another state or country indicating
10        that the driver is unable for medical, physical, or other
11        valid reasons to wear a seat safety belt.
12             4.  A driver operating a motor vehicle in reverse.
13             5.  A motor vehicle with a model year prior to 1965.
14             6.  A motorcycle or motor driven cycle.
15             7.  A motorized pedalcycle.
16             8.  A  motor  vehicle  which  is  not required to be
17        equipped with seat safety belts under federal law.
18             9.  A motor  vehicle  operated  by  a  rural  letter
19        carrier   of  the  United  States  postal  service  while
20        performing duties as a rural letter carrier.
21        (c)  Failure to wear a seat safety belt in  violation  of
22    this  Section shall not be considered evidence of negligence,
23    shall not limit the liability of an insurer,  and  shall  not
24    diminish   any  recovery  for  damages  arising  out  of  the
25    ownership, maintenance, or operation of a motor vehicle.
26        (d)  A violation of this Section shall be a petty offense
27    and subject to a fine not to exceed $25.  In addition to  the
28    fine  and  any other financial assessments or penalties, a $5
29    surcharge shall be imposed for a violation of  this  Section.
30    The  $5 surcharge shall be collected by the circuit clerk and
31    disbursed in the manner provided in Section 5-9-1.12  of  the
32    Unified Code of Corrections.
33        (e)  No  motor  vehicle,  or  driver or passenger of such
34    vehicle, shall be stopped or searched by any law  enforcement
 
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 1    officer  solely  on  the  basis  of  a violation or suspected
 2    violation of this Section.
 3    (Source: P.A. 90-369, eff. 1-1-98.)

 4        Section 15.  The Clerks  of  Courts  Act  is  amended  by
 5    changing Section 27.5 as follows:

 6        (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
 7        Sec.   27.5.  (a)  All  fees,  fines,  costs,  additional
 8    penalties, bail balances assessed or forfeited, and any other
 9    amount paid by a person to the circuit clerk that  equals  an
10    amount  less  than  $55,  except the $5 surcharge on the fine
11    imposed for a violation of Section 12-603.1 of  the  Illinois
12    Vehicle  Code or a similar provision of a local ordinance and
13    except restitution under Section 5-5-6 of the Unified Code of
14    Corrections, reimbursement for  the  costs  of  an  emergency
15    response  as provided under Section 5-5-3 of the Unified Code
16    of Corrections, any fees collected for  attending  a  traffic
17    safety program under paragraph (c) of Supreme Court Rule 529,
18    any  fee  collected  on  behalf  of  a State's Attorney under
19    Section 4-2002 of  the  Counties  Code  or  a  sheriff  under
20    Section  4-5001  of  the  Counties  Code, or any cost imposed
21    under Section 124A-5 of the Code  of  Criminal  Procedure  of
22    1963,  for  convictions,  orders of supervision, or any other
23    disposition for a violation of Chapters 3, 4, 6, 11,  and  12
24    of  the  Illinois  Vehicle  Code, or a similar provision of a
25    local ordinance, and any violation  of  the  Child  Passenger
26    Protection  Act, or a similar provision of a local ordinance,
27    and except as provided in subsection (b) shall  be  disbursed
28    within 60 days after receipt by the circuit clerk as follows:
29    47%  shall  be  disbursed  to the entity authorized by law to
30    receive the fine imposed in the case; 12% shall be  disbursed
31    to  the  State  Treasurer;  and 41% shall be disbursed to the
32    county's general corporate fund.  Of the 12% disbursed to the
 
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 1    State  Treasurer,  1/6  shall  be  deposited  by  the   State
 2    Treasurer into the Violent Crime Victims Assistance Fund, 1/2
 3    shall  be  deposited into the Traffic and Criminal Conviction
 4    Surcharge Fund, and 1/3 shall be deposited into  the  Drivers
 5    Education  Fund.   For  fiscal  years  1992 and 1993, amounts
 6    deposited into the Violent Crime Victims Assistance Fund, the
 7    Traffic  and  Criminal  Conviction  Surcharge  Fund,  or  the
 8    Drivers Education Fund shall not exceed 110% of  the  amounts
 9    deposited  into  those funds in fiscal year 1991.  Any amount
10    that exceeds the 110% limit shall be distributed as  follows:
11    50% shall be disbursed to the county's general corporate fund
12    and 50% shall be disbursed to the entity authorized by law to
13    receive  the fine imposed in the case. Not later than March 1
14    of each year the circuit clerk shall submit a report  of  the
15    amount  of  funds  remitted to the State Treasurer under this
16    Section during the  preceding  year  based  upon  independent
17    verification  of  fines  and  fees.   All  counties  shall be
18    subject  to  this  Section,  except  that  counties  with   a
19    population under 2,000,000 may, by ordinance, elect not to be
20    subject  to  this  Section.   For  offenses  subject  to this
21    Section, judges shall impose one total sum of  money  payable
22    for  violations.   The circuit clerk may add on no additional
23    amounts except for amounts  that  are  required  by  Sections
24    27.3a  and  27.3c  of  this  Act,  unless  those  amounts are
25    specifically waived by the  judge.   With  respect  to  money
26    collected  by  the circuit clerk as a result of forfeiture of
27    bail, ex parte judgment or guilty plea  pursuant  to  Supreme
28    Court  Rule 529, the circuit clerk shall first deduct and pay
29    amounts required by Sections 27.3a and  27.3c  of  this  Act.
30    This  Section  is a denial and limitation of home rule powers
31    and functions under subsection (h) of Section  6  of  Article
32    VII of the Illinois Constitution.
33        (b)  The  following amounts must be remitted to the State
34    Treasurer for deposit into the Illinois Animal Abuse Fund:
 
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 1             (1)  50%  of  the  amounts  collected   for   felony
 2        offenses  under  Sections  3,  3.01, 3.02, 3.03, 4, 4.01,
 3        4.03, 4.04, 5, 5.01, 6, 7,  7.5,  7.15,  and  16  of  the
 4        Humane  Care  for  Animals  Act  and  Section 26-5 of the
 5        Criminal Code of 1961;
 6             (2)  20% of the amounts collected for  Class  A  and
 7        Class  B  misdemeanors  under  Sections 3, 3.01, 4, 4.01,
 8        4.03, 4.04, 5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of  the
 9        Humane  Care  for  Animals  Act  and  Section 26-5 of the
10        Criminal Code of 1961; and
11             (3)  50%  of  the  amounts  collected  for  Class  C
12        misdemeanors under Sections 4.01 and 7.1  of  the  Humane
13        Care  for  Animals  Act  and Section 26-5 of the Criminal
14        Code of 1961.
15    (Source: P.A. 92-454, eff. 1-1-02; 92-650, eff. 7-11-02.)

16        Section 20.  The Unified Code of Corrections  is  amended
17    by  changing  Section  5-9-1  and  adding Section 5-9-1.12 as
18    follows:

19        (730 ILCS 5/5-9-1) (from Ch. 38, par. 1005-9-1)
20        Sec. 5-9-1.  Authorized fines.
21        (a)  An offender may be sentenced to  pay  a  fine  which
22    shall not exceed for each offense:
23             (1)  for  a  felony, $25,000 or the amount specified
24        in the  offense,  whichever  is  greater,  or  where  the
25        offender   is   a  corporation,  $50,000  or  the  amount
26        specified in the offense, whichever is greater;
27             (2)  for a Class A misdemeanor, $2,500 or the amount
28        specified in the offense, whichever is greater;
29             (3)  for a Class B or Class C misdemeanor, $1,500;
30             (4)  for a  petty  offense,  $1,000  or  the  amount
31        specified in the offense, whichever is less;
32             (5)  for a business offense, the amount specified in
 
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 1        the statute defining that offense.
 2        (b)  A  fine  may be imposed in addition to a sentence of
 3    conditional discharge, probation, periodic  imprisonment,  or
 4    imprisonment.
 5        (c)  There  shall  be  added  to  every  fine  imposed in
 6    sentencing for a  criminal  or  traffic  offense,  except  an
 7    offense  relating to parking or registration, or offense by a
 8    pedestrian, an additional penalty of  $5  for  each  $40,  or
 9    fraction  thereof, of fine imposed. The additional penalty of
10    $5 for each $40, or fraction thereof, of fine imposed, if not
11    otherwise assessed, shall also be added to every fine imposed
12    upon a plea of guilty, stipulation of facts  or  findings  of
13    guilty,  resulting  in  a judgment of conviction, or order of
14    supervision in criminal,  traffic,  local  ordinance,  county
15    ordinance,    and   conservation   cases   (except   parking,
16    registration, or pedestrian violations), or upon  a  sentence
17    of  probation  without  entry of judgment under Section 10 of
18    the Cannabis Control Act or Section  410  of  the  Controlled
19    Substances Act.
20        Such  additional  amounts  shall be assessed by the court
21    imposing the fine and shall be collected by the Circuit Clerk
22    in addition to the fine and costs  in  the  case.  Each  such
23    additional  penalty  shall  be  remitted by the Circuit Clerk
24    within one month after receipt to the  State  Treasurer.  The
25    State  Treasurer  shall  deposit $1 for each $40, or fraction
26    thereof, of fine imposed into  the  LEADS  Maintenance  Fund.
27    The  remaining  surcharge  amount shall be deposited into the
28    Traffic and Criminal Conviction Surcharge  Fund,  unless  the
29    fine, costs or additional amounts are subject to disbursement
30    by  the  circuit  clerk  under  Section 27.5 of the Clerks of
31    Courts Act.  Such additional penalty shall not be  considered
32    a  part of the fine for purposes of any reduction in the fine
33    for time served either before or after sentencing. Not  later
34    than  March  1  of each year the Circuit Clerk shall submit a
 
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 1    report of the amount of funds remitted to the State Treasurer
 2    under this subsection (c) during the preceding calendar year.
 3    Except as otherwise provided by Supreme  Court  Rules,  if  a
 4    court  in  imposing a fine against an offender levies a gross
 5    amount for fine, costs, fees and penalties, the amount of the
 6    additional penalty provided for herein shall be  computed  on
 7    the  amount  remaining  after deducting from the gross amount
 8    levied all fees of the Circuit Clerk,  the  State's  Attorney
 9    and  the  Sheriff.   After  deducting  from  the gross amount
10    levied the fees and additional penalty provided  for  herein,
11    less  any  other  additional  penalties  provided by law, the
12    clerk shall remit the net balance  remaining  to  the  entity
13    authorized  by  law  to receive the fine imposed in the case.
14    For purposes of this Section  "fees  of  the  Circuit  Clerk"
15    shall  include,  if  applicable,  the  fee provided for under
16    Section 27.3a of the Clerks of Courts Act  and  the  fee,  if
17    applicable,  payable  to  the  county  in which the violation
18    occurred pursuant to Section 5-1101 of the Counties Code.
19        (c-5)  In addition to the  fines  imposed  by  subsection
20    (c),   any   person   convicted  or  receiving  an  order  of
21    supervision for driving under the  influence  of  alcohol  or
22    drugs  shall  pay  an  additional $100 fee to the clerk. This
23    additional fee, less 2 1/2% that  shall  be  used  to  defray
24    administrative costs incurred by the clerk, shall be remitted
25    by  the  clerk  to the Treasurer within 60 days after receipt
26    for deposit into the Trauma Center Fund.  This additional fee
27    of $100 shall not be  considered  a  part  of  the  fine  for
28    purposes  of any reduction in the fine for time served either
29    before or after sentencing. Not later than March  1  of  each
30    year the Circuit Clerk shall submit a report of the amount of
31    funds  remitted  to the State Treasurer under this subsection
32    (c-5) during the preceding calendar year.
33        The Circuit Clerk may accept payment of fines  and  costs
34    by  credit  card from an offender who has been convicted of a
 
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 1    traffic offense, petty offense or misdemeanor and may  charge
 2    the  service  fee permitted where fines and costs are paid by
 3    credit card provided for in Section 27.3b of  the  Clerks  of
 4    Courts Act.
 5        (c-7)  In  addition  to  the  fines imposed by subsection
 6    (c),  any  person  convicted  or  receiving   an   order   of
 7    supervision  for  driving  under  the influence of alcohol or
 8    drugs shall pay an additional $5  fee  to  the  clerk.   This
 9    additional  fee,  less  2  1/2%  that shall be used to defray
10    administrative costs incurred by the clerk, shall be remitted
11    by the clerk to the Treasurer within 60  days  after  receipt
12    for  deposit  into  the  Spinal  Cord  Injury  Paralysis Cure
13    Research Trust Fund.  This additional fee of $5 shall not  be
14    considered  a  part of the fine for purposes of any reduction
15    in  the  fine  for  time  served  either  before   or   after
16    sentencing.  Not  later than March 1 of each year the Circuit
17    Clerk shall submit a report of the amount of  funds  remitted
18    to the State Treasurer under this subsection (c-7) during the
19    preceding calendar year.
20        (d)  In determining the amount and method of payment of a
21    fine,  except  for  those fines established for violations of
22    Chapter 15 of the Illinois  Vehicle  Code,  the  court  shall
23    consider:
24             (1)  the  financial  resources and future ability of
25        the offender to pay the fine; and
26             (2)  whether the fine will prevent the offender from
27        making court ordered restitution  or  reparation  to  the
28        victim of the offense; and
29             (3)  in  a  case  where  the  accused is a dissolved
30        corporation  and  the  court  has  appointed  counsel  to
31        represent the corporation, the costs incurred  either  by
32        the county or the State for such representation.
33        (e)  The court may order the fine to be paid forthwith or
34    within a specified period of time or in installments.
 
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 1        (f)  All  fines,  costs  and  additional  amounts imposed
 2    under this Section for any violation of Chapters 3, 4, 6, and
 3    11 of the Illinois Vehicle Code, or a similar provision of  a
 4    local  ordinance,  and  any  violation of the Child Passenger
 5    Protection Act, or a similar provision of a local  ordinance,
 6    shall  be  collected  and  disbursed  by the circuit clerk as
 7    provided under Section 27.5 of the Clerks of Courts Act.
 8        (g)  For a  fine  imposed  for  a  violation  of  Section
 9    12-603.1  of the Illinois Vehicle Code or a similar provision
10    of a local ordinance, the $5 surcharge on that fine shall  be
11    collected  and  disbursed by the circuit clerk as provided in
12    Section 5-9-1.12 of this Code.
13    (Source: P.A. 92-431, eff. 1-1-02.)

14        (730 ILCS 5/5-9-1.12 new)
15        Sec. 5-9-1.12. The Seat Belt Compliance Program Fund.
16        (a)  The $5 surcharge added to each fine  imposed  for  a
17    violation of Section 12-603.1 of the Illinois Vehicle Code or
18    a similar provision of a local ordinance shall be remitted by
19    the circuit clerk within one month after receipt to the State
20    Treasurer  for  deposit into the Seat Belt Compliance Program
21    Fund. The circuit clerk shall retain 10% of  this  amount  to
22    cover  the costs incurred in administering and enforcing this
23    Section.  Not later than March 1 of each  year,  the  circuit
24    clerk  shall  submit to the State Comptroller a report of the
25    amount of funds remitted by him or her to the State Treasurer
26    under this Section during the preceding calendar year.
27        (b)  There is created the Seat  Belt  Compliance  Program
28    Fund in the State treasury.  Subject to appropriation, moneys
29    deposited  into  the  Fund under this Section must be used by
30    the Department of State Police for the Seat  Belt  Compliance
31    Program  or  by  the Department of State Police for grants to
32    other State, county, or municipal  law  enforcement  agencies
33    for  seat  belt  compliance  programs established to increase
 
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 1    seat  safety  belt  compliance  by  high   school   students,
 2    including but not limited to the Operation Cool Program.