Full Text of HB0170 95th General Assembly
HB0170enr 95TH GENERAL ASSEMBLY
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HB0170 Enrolled |
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LRB095 04103 RLC 24141 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Clerks of Courts Act is amended by changing | 5 |
| Section 27.6 as follows: | 6 |
| (705 ILCS 105/27.6)
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| Sec. 27.6. (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 equalling an | 10 |
| amount of $55 or more, except the additional fee required
by | 11 |
| subsections (b) and (c), restitution under Section 5-5-6 of the
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| Unified Code of Corrections, reimbursement for the costs of an | 13 |
| emergency
response as provided under Section 11-501 of the | 14 |
| Illinois Vehicle Code,
any fees collected for attending a | 15 |
| traffic safety program under paragraph (c)
of Supreme Court | 16 |
| Rule 529, any fee collected on behalf of a State's Attorney
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| under Section 4-2002 of the Counties Code or a sheriff under | 18 |
| Section 4-5001
of the Counties Code, or any cost imposed under | 19 |
| Section 124A-5 of the Code of
Criminal Procedure of 1963, for | 20 |
| convictions, orders of supervision, or any
other disposition | 21 |
| for a violation of Chapters 3, 4, 6, 11, and 12 of the
Illinois | 22 |
| Vehicle Code, or a similar provision of a local ordinance, and | 23 |
| any
violation of the Child Passenger Protection Act, or a |
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HB0170 Enrolled |
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LRB095 04103 RLC 24141 b |
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| similar provision of a
local ordinance, and except as provided | 2 |
| in subsection (d) shall be disbursed
within 60 days after | 3 |
| receipt by the circuit
clerk as follows: 44.5% shall be | 4 |
| disbursed to the entity authorized by law to
receive the fine | 5 |
| imposed in the case; 16.825% shall be disbursed to the State
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| Treasurer; and 38.675% shall be disbursed to the county's | 7 |
| general corporate
fund. Of the 16.825% disbursed to the State | 8 |
| Treasurer, 2/17 shall be deposited
by the State Treasurer into | 9 |
| the Violent Crime Victims Assistance Fund, 5.052/17
shall be | 10 |
| deposited into the Traffic and Criminal Conviction Surcharge | 11 |
| Fund,
3/17 shall be deposited into the Drivers Education Fund, | 12 |
| and 6.948/17 shall be
deposited into the Trauma Center Fund. Of | 13 |
| the 6.948/17 deposited into the
Trauma Center Fund from the | 14 |
| 16.825% disbursed to the State Treasurer, 50% shall
be | 15 |
| disbursed to the Department of Public Health and 50% shall be | 16 |
| disbursed to
the Department of Healthcare and Family Services. | 17 |
| For fiscal year 1993, amounts deposited into
the Violent Crime | 18 |
| Victims Assistance Fund, the Traffic and Criminal
Conviction | 19 |
| Surcharge Fund, or the Drivers Education Fund shall not exceed | 20 |
| 110%
of the amounts deposited into those funds in fiscal year | 21 |
| 1991. Any
amount that exceeds the 110% limit shall be | 22 |
| distributed as follows: 50%
shall be disbursed to the county's | 23 |
| general corporate fund and 50% shall be
disbursed to the entity | 24 |
| authorized by law to receive the fine imposed in
the case. Not | 25 |
| later than March 1 of each year the circuit clerk
shall submit | 26 |
| a report of the amount of funds remitted to the State
Treasurer |
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HB0170 Enrolled |
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LRB095 04103 RLC 24141 b |
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| under this Section during the preceding year based upon
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| independent verification of fines and fees. All counties shall | 3 |
| be subject
to this Section, except that counties with a | 4 |
| population under 2,000,000
may, by ordinance, elect not to be | 5 |
| subject to this Section. For offenses
subject to this Section, | 6 |
| judges shall impose one total sum of money payable
for | 7 |
| violations. The circuit clerk may add on no additional amounts | 8 |
| except
for amounts that are required by Sections 27.3a and | 9 |
| 27.3c of
this Act, unless those amounts are specifically waived | 10 |
| by the judge. With
respect to money collected by the circuit | 11 |
| clerk as a result of
forfeiture of bail, ex parte judgment or | 12 |
| guilty plea pursuant to Supreme
Court Rule 529, the circuit | 13 |
| clerk shall first deduct and pay amounts
required by Sections | 14 |
| 27.3a and 27.3c of this Act. This Section is a denial
and | 15 |
| limitation of home rule powers and functions under subsection | 16 |
| (h) of
Section 6 of Article VII of the Illinois Constitution.
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| (b) In addition to any other fines and court costs assessed | 18 |
| by the courts,
any person convicted or receiving an order of | 19 |
| supervision for driving under
the influence of alcohol or drugs | 20 |
| shall pay an additional fee of $100 to the
clerk of the circuit | 21 |
| court. This amount, less 2 1/2% that shall be used to
defray | 22 |
| administrative costs incurred by the clerk, shall be remitted | 23 |
| by the
clerk to the Treasurer within 60 days after receipt for | 24 |
| deposit into the Trauma
Center Fund. This additional fee of | 25 |
| $100 shall not be considered a part of the
fine for purposes of | 26 |
| any reduction in the fine for time served either before or
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LRB095 04103 RLC 24141 b |
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| after sentencing. Not later than March 1 of each year the | 2 |
| Circuit Clerk shall
submit a report of the amount of funds | 3 |
| remitted to the State Treasurer under
this subsection during | 4 |
| the preceding calendar year.
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| (b-1) In addition to any other fines and court costs | 6 |
| assessed by the courts,
any person convicted or receiving an | 7 |
| order of supervision for driving under the
influence of alcohol | 8 |
| or drugs shall pay an additional fee of $5 to the clerk
of the | 9 |
| circuit court. This amount, less
2 1/2% that shall be used to | 10 |
| defray administrative costs incurred by the clerk,
shall be | 11 |
| remitted by the clerk to the Treasurer within 60 days after | 12 |
| receipt
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 in | 15 |
| the fine for
time served either before or after sentencing. Not | 16 |
| later than March 1 of each
year the Circuit Clerk shall submit | 17 |
| a report of the amount of funds remitted to
the State Treasurer | 18 |
| under this subsection during the preceding calendar
year.
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| (c) In addition to any other fines and court costs assessed | 20 |
| by the courts,
any person convicted for a violation of Sections | 21 |
| 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or a | 22 |
| person sentenced for a violation of the Cannabis
Control Act, | 23 |
| the Illinois Controlled Substances Act, or the Methamphetamine | 24 |
| Control and Community Protection Act
shall pay an additional | 25 |
| fee of $100 to the clerk
of the circuit court. This amount, | 26 |
| less
2 1/2% that shall be used to defray administrative costs |
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HB0170 Enrolled |
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LRB095 04103 RLC 24141 b |
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| incurred by the clerk,
shall be remitted by the clerk to the | 2 |
| Treasurer within 60 days after receipt
for deposit into the | 3 |
| Trauma Center Fund. This additional fee of $100 shall not
be | 4 |
| considered a part of the fine for purposes of any reduction in | 5 |
| the fine for
time served either before or after sentencing. Not | 6 |
| later than March 1 of each
year the Circuit Clerk shall submit | 7 |
| a report of the amount of funds remitted to
the State Treasurer | 8 |
| under this subsection during the preceding calendar year.
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| (c-1) In addition to any other fines and court costs | 10 |
| assessed by the
courts, any person sentenced for a violation of | 11 |
| the Cannabis Control Act,
the Illinois Controlled Substances | 12 |
| Act, or the Methamphetamine Control and Community Protection | 13 |
| Act shall pay an additional fee of $5 to the
clerk of the | 14 |
| circuit court. This amount, less 2 1/2% that shall be used to
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| defray administrative costs incurred by the clerk, shall be | 16 |
| remitted by the
clerk to the Treasurer within 60 days after | 17 |
| receipt for deposit into the Spinal
Cord Injury Paralysis Cure | 18 |
| Research Trust Fund. This additional fee of $5
shall not be | 19 |
| considered a part of the fine for purposes of any reduction in | 20 |
| the
fine for time served either before or after sentencing. Not | 21 |
| later than March 1
of each year the Circuit Clerk shall submit | 22 |
| a report of the amount of funds
remitted to the State Treasurer | 23 |
| under this subsection during the preceding
calendar year.
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| (d) The following amounts must be remitted to the State | 25 |
| Treasurer for
deposit into the Illinois Animal Abuse Fund:
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| (1) 50% of the amounts collected for felony offenses |
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HB0170 Enrolled |
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LRB095 04103 RLC 24141 b |
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| under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | 2 |
| 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | 3 |
| Animals Act and Section 26-5 of the Criminal Code of
1961;
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| (2) 20% of the amounts collected for Class A and Class | 5 |
| B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | 6 |
| 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | 7 |
| for Animals Act and Section 26-5 of the Criminal
Code of | 8 |
| 1961; and
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| (3) 50% of the amounts collected for Class C | 10 |
| misdemeanors under Sections
4.01 and 7.1 of the Humane Care | 11 |
| for Animals Act and Section 26-5 of the
Criminal Code of | 12 |
| 1961.
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| (e) Any person who receives a disposition of court | 14 |
| supervision for a violation of the Illinois Vehicle Code shall, | 15 |
| in addition to any other fines, fees, and court costs, pay an | 16 |
| additional fee of $20, to be disbursed as provided in Section | 17 |
| 16-104c of the Illinois Vehicle Code. In addition to the fee of | 18 |
| $20, the person shall also pay a fee of $5, if not waived by the | 19 |
| court. If this $5 fee is collected, $4.50 of the fee shall be | 20 |
| deposited into the Circuit Court Clerk Operation and | 21 |
| Administrative Fund created by the Clerk of the Circuit Court | 22 |
| and 50 cents of the fee shall be deposited into the Prisoner | 23 |
| Review Board Vehicle and Equipment Fund in the State treasury.
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| (f) This Section does not apply to the additional child | 25 |
| pornography fines assessed and collected under Section | 26 |
| 5-9-1.14 of the Unified Code of Corrections.
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HB0170 Enrolled |
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LRB095 04103 RLC 24141 b |
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| (Source: P.A. 93-800, eff. 1-1-05; 94-556, eff. 9-11-05; | 2 |
| 94-1009, eff. 1-1-07.)
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| Section 10. The Unified Code of Corrections is amended by | 4 |
| adding Section 5-9-1.14 as follows: | 5 |
| (730 ILCS 5/5-9-1.14 new) | 6 |
| Sec. 5-9-1.14. Additional child pornography fines. In | 7 |
| addition to any other penalty imposed, a fine of $500 shall be | 8 |
| imposed upon a person convicted of child pornography under | 9 |
| Section 11-20.1 of the Criminal Code of 1961. Such additional | 10 |
| fine shall be assessed by the court imposing sentence and shall | 11 |
| be collected by the circuit clerk. Of this fee, $5 shall be | 12 |
| deposited into the Circuit Court Clerk Operation and | 13 |
| Administrative Fund created by the Clerk of the Circuit Court | 14 |
| to be used to offset the costs incurred by the Circuit Court | 15 |
| Clerk in performing the additional duties required to collect | 16 |
| and disburse funds to entities of State and local government as | 17 |
| provided by law. Each such additional fine shall be remitted by | 18 |
| the Circuit Court Clerk within one month after receipt to the | 19 |
| unit of local government whose law enforcement officers | 20 |
| investigated the case that gave rise to the conviction of the | 21 |
| defendant for child pornography.
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