Illinois General Assembly - Full Text of SB3266
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Full Text of SB3266  100th General Assembly

SB3266eng 100TH GENERAL ASSEMBLY

  
  
  

 


 
SB3266 EngrossedLRB100 20549 RLC 35953 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 5-9-1 as follows:
 
6    (730 ILCS 5/5-9-1)  (from Ch. 38, par. 1005-9-1)
7    Sec. 5-9-1. Authorized fines.
8    (a) An offender may be sentenced to pay a fine as provided
9in Article 4.5 of Chapter V.
10    (b) (Blank.)
11    (c) There shall be added to every fine imposed in
12sentencing for a criminal or traffic offense, except an offense
13relating to parking or registration, or offense by a
14pedestrian, other than a violation of Section 15-111 of the
15Illinois Vehicle Code, an additional penalty of $15 for each
16$40, or fraction thereof, of fine imposed. There shall be added
17to every fine imposed in sentencing for a violation of Section
1815-111 of the Illinois Vehicle Code an additional penalty of:
19(1) $15 for each $40 of the first $330, or fraction thereof, of
20fine imposed; and (ii) $10 for each $40, or fraction thereof,
21of fine imposed in excess of $330. The additional penalty under
22this subsection (c) of $15 for each $40, or fraction thereof,
23of fine imposed, if not otherwise assessed, shall also be added

 

 

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1to every fine imposed upon a plea of guilty, stipulation of
2facts or findings of guilty, resulting in a judgment of
3conviction, or order of supervision in criminal, traffic, local
4ordinance, county ordinance, and conservation cases (except
5parking, registration, or pedestrian violations), or upon a
6sentence of probation without entry of judgment under Section
710 of the Cannabis Control Act, Section 410 of the Illinois
8Controlled Substances Act, or Section 70 of the Methamphetamine
9Control and Community Protection Act.
10    Such additional amounts shall be assessed by the court
11imposing the fine and shall be collected by the Circuit Clerk
12in addition to the fine and costs in the case. Each such
13additional penalty shall be remitted by the Circuit Clerk
14within one month after receipt to the State Treasurer. The
15State Treasurer shall deposit $1 for each $40, or fraction
16thereof, of fine imposed into the LEADS Maintenance Fund. The
17State Treasurer shall deposit $3 for each $40, or fraction
18thereof, of fine imposed into the Law Enforcement Camera Grant
19Fund. The remaining surcharge amount shall be deposited into
20the Traffic and Criminal Conviction Surcharge Fund, unless the
21fine, costs or additional amounts are subject to disbursement
22by the circuit clerk under Section 27.5 of the Clerks of Courts
23Act. Such additional penalty shall not be considered a part of
24the fine for purposes of any reduction in the fine for time
25served either before or after sentencing. Not later than March
261 of each year the Circuit Clerk shall submit a report of the

 

 

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1amount of funds remitted to the State Treasurer under this
2subsection (c) during the preceding calendar year. Except as
3otherwise provided by Supreme Court Rules, if a court in
4imposing a fine against an offender levies a gross amount for
5fine, costs, fees and penalties, the amount of the additional
6penalty provided for herein shall be computed on the amount
7remaining after deducting from the gross amount levied all fees
8of the Circuit Clerk, the State's Attorney and the Sheriff.
9After deducting from the gross amount levied the fees and
10additional penalty provided for herein, less any other
11additional penalties provided by law, the clerk shall remit the
12net balance remaining to the entity authorized by law to
13receive the fine imposed in the case. For purposes of this
14Section "fees of the Circuit Clerk" shall include, if
15applicable, the fee provided for under Section 27.3a of the
16Clerks of Courts Act and the fee, if applicable, payable to the
17county in which the violation occurred pursuant to Section
185-1101 of the Counties Code.
19    (c-5) In addition to the fines imposed by subsection (c),
20any person convicted or receiving an order of supervision for
21driving under the influence of alcohol or drugs shall pay an
22additional $100 fee to the clerk. This additional fee, less 2
231/2% that shall be used to defray administrative costs incurred
24by the clerk, shall be remitted by the clerk to the Treasurer
25within 60 days after receipt for deposit into the Trauma Center
26Fund. This additional fee of $100 shall not be considered a

 

 

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1part of the fine for purposes of any reduction in the fine for
2time served either before or after sentencing. Not later than
3March 1 of each year the Circuit Clerk shall submit a report of
4the amount of funds remitted to the State Treasurer under this
5subsection (c-5) during the preceding calendar year.
6    The Circuit Clerk may accept payment of fines and costs by
7credit card from an offender who has been convicted of a
8traffic offense, petty offense or misdemeanor and may charge
9the service fee permitted where fines and costs are paid by
10credit card provided for in Section 27.3b of the Clerks of
11Courts Act.
12    (c-7) In addition to the fines imposed by subsection (c),
13any person convicted or receiving an order of supervision for
14driving under the influence of alcohol or drugs shall pay an
15additional $5 fee to the clerk. This additional fee, less 2
161/2% that shall be used to defray administrative costs incurred
17by the clerk, shall be remitted by the clerk to the Treasurer
18within 60 days after receipt for deposit into the Spinal Cord
19Injury Paralysis Cure Research Trust Fund. This additional fee
20of $5 shall not be considered a part of the fine for purposes
21of any reduction in the fine for time served either before or
22after sentencing. Not later than March 1 of each year the
23Circuit Clerk shall submit a report of the amount of funds
24remitted to the State Treasurer under this subsection (c-7)
25during the preceding calendar year.
26    (c-9) (Blank).

 

 

SB3266 Engrossed- 5 -LRB100 20549 RLC 35953 b

1    (d) In determining the amount and method of payment of a
2fine, except for those fines established for violations of
3Chapter 15 of the Illinois Vehicle Code, the court shall
4consider:
5        (1) the financial resources and future ability of the
6    offender to pay the fine; and
7        (2) whether the fine will prevent the offender from
8    making court ordered restitution or reparation to the
9    victim of the offense; and
10        (3) in a case where the accused is a dissolved
11    corporation and the court has appointed counsel to
12    represent the corporation, the costs incurred either by the
13    county or the State for such representation.
14    (e) The court may order the fine to be paid forthwith or
15within a specified period of time or in installments.
16    (f) All fines, costs and additional amounts imposed under
17this Section for any violation of Chapters 3, 4, 6, and 11 of
18the Illinois Vehicle Code, or a similar provision of a local
19ordinance, and any violation of the Child Passenger Protection
20Act, or a similar provision of a local ordinance, shall be
21collected and disbursed by the circuit clerk as provided under
22Section 27.5 of the Clerks of Courts Act.
23(Source: P.A. 99-352, eff. 1-1-16.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.