HB0196sam001 97TH GENERAL ASSEMBLY

Sen. Antonio Muņoz

Filed: 5/16/2012

 

 


 

 


 
09700HB0196sam001LRB097 05129 RLC 69442 a

1
AMENDMENT TO HOUSE BILL 196

2    AMENDMENT NO. ______. Amend House Bill 196 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The State Police Act is amended by adding
5Section 7.2 as follows:
 
6    (20 ILCS 2610/7.2 new)
7    Sec. 7.2. State Police Merit Board Public Safety Fund.
8    (a) A special fund in the State treasury is hereby created
9which shall be known as the State Police Merit Board Public
10Safety Fund. The Fund shall be used by the State Police Merit
11Board to provide a cadet program for State Police personnel and
12to meet all costs associated with the functions of the State
13Police Merit Board. Notwithstanding any other law to the
14contrary, the State Police Merit Board Public Safety Fund is
15not subject to sweeps, administrative charge-backs, or any
16other fiscal or budgetary maneuver that would in any way

 

 

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1transfer any amounts from the State Police Merit Board Public
2Safety Fund into any other fund of the State.
3    (b) The Fund may receive State appropriations, gifts,
4grants, and federal funds and shall include earnings from the
5investment of moneys in the Fund.
6    (c) The administration of this Fund shall be the
7responsibility of the State Police Merit Board. The Board shall
8establish terms and conditions for the operation of the Fund.
9The Board shall establish and implement fiscal controls and
10accounting periods for programs operated using the Fund. All
11fees or moneys received by the State Treasurer under subsection
12(n) of Section 27.6 of the Clerks of Courts Act shall be
13deposited into the Fund. The moneys deposited in the State
14Police Merit Board Public Safety Fund shall be appropriated to
15the State Police Merit Board for expenses of the Board for the
16administration and conduct of all its programs for State Police
17personnel.
 
18    Section 7. The State Finance Act is amended by adding
19Section 5.811 as follows:
 
20    (30 ILCS 105/5.811 new)
21    Sec. 5.811. The State Police Merit Board Public Safety
22Fund.
 
23    Section 10. The Clerks of Courts Act is amended by changing

 

 

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1Section 27.6 as follows:
 
2    (705 ILCS 105/27.6)
3    (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625,
496-667, 96-1175, 96-1342, and 97-434)
5    Sec. 27.6. (a) All fees, fines, costs, additional
6penalties, bail balances assessed or forfeited, and any other
7amount paid by a person to the circuit clerk equalling an
8amount of $55 or more, except the fine imposed by Section
95-9-1.15 of the Unified Code of Corrections, the additional fee
10required by subsections (b) and (c), restitution under Section
115-5-6 of the Unified Code of Corrections, contributions to a
12local anti-crime program ordered pursuant to Section
135-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
14Corrections, reimbursement for the costs of an emergency
15response as provided under Section 11-501 of the Illinois
16Vehicle Code, any fees collected for attending a traffic safety
17program under paragraph (c) of Supreme Court Rule 529, any fee
18collected on behalf of a State's Attorney under Section 4-2002
19of the Counties Code or a sheriff under Section 4-5001 of the
20Counties Code, or any cost imposed under Section 124A-5 of the
21Code of Criminal Procedure of 1963, for convictions, orders of
22supervision, or any other disposition for a violation of
23Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
24similar provision of a local ordinance, and any violation of
25the Child Passenger Protection Act, or a similar provision of a

 

 

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1local ordinance, and except as otherwise provided in this
2Section shall be disbursed within 60 days after receipt by the
3circuit clerk as follows: 44.5% shall be disbursed to the
4entity authorized by law to receive the fine imposed in the
5case; 16.825% shall be disbursed to the State Treasurer; and
638.675% shall be disbursed to the county's general corporate
7fund. Of the 16.825% disbursed to the State Treasurer, 2/17
8shall be deposited by the State Treasurer into the Violent
9Crime Victims Assistance Fund, 5.052/17 shall be deposited into
10the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
11be deposited into the Drivers Education Fund, and 6.948/17
12shall be deposited into the Trauma Center Fund. Of the 6.948/17
13deposited into the Trauma Center Fund from the 16.825%
14disbursed to the State Treasurer, 50% shall be disbursed to the
15Department of Public Health and 50% shall be disbursed to the
16Department of Healthcare and Family Services. For fiscal year
171993, amounts deposited into the Violent Crime Victims
18Assistance Fund, the Traffic and Criminal Conviction Surcharge
19Fund, or the Drivers Education Fund shall not exceed 110% of
20the amounts deposited into those funds in fiscal year 1991. Any
21amount that exceeds the 110% limit shall be distributed as
22follows: 50% shall be disbursed to the county's general
23corporate fund and 50% shall be disbursed to the entity
24authorized by law to receive the fine imposed in the case. 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 Section during the preceding year based upon
2independent verification of fines and fees. All counties shall
3be subject to this Section, except that counties with a
4population under 2,000,000 may, by ordinance, elect not to be
5subject to this Section. For offenses subject to this Section,
6judges shall impose one total sum of money payable for
7violations. The circuit clerk may add on no additional amounts
8except for amounts that are required by Sections 27.3a and
927.3c of this Act, unless those amounts are specifically waived
10by the judge. With respect to money collected by the circuit
11clerk as a result of forfeiture of bail, ex parte judgment or
12guilty plea pursuant to Supreme Court Rule 529, the circuit
13clerk shall first deduct and pay amounts required by Sections
1427.3a and 27.3c of this Act. This Section is a denial and
15limitation of home rule powers and functions under subsection
16(h) of Section 6 of Article VII of the Illinois Constitution.
17    (b) In addition to any other fines and court costs assessed
18by the courts, any person convicted or receiving an order of
19supervision for driving under the influence of alcohol or drugs
20shall pay an additional fee of $100 to the clerk of the circuit
21court. This amount, less 2 1/2% that shall be used to defray
22administrative costs incurred by the clerk, shall be remitted
23by the clerk to the Treasurer within 60 days after receipt for
24deposit into the Trauma Center Fund. This additional fee of
25$100 shall not be considered a part of the fine for purposes of
26any reduction in the fine for time served either before or

 

 

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1after sentencing. Not later than March 1 of each year the
2Circuit Clerk shall submit a report of the amount of funds
3remitted to the State Treasurer under this subsection during
4the preceding calendar year.
5    (b-1) In addition to any other fines and court costs
6assessed by the courts, any person convicted or receiving an
7order of supervision for driving under the influence of alcohol
8or drugs shall pay an additional fee of $5 to the clerk of the
9circuit court. This amount, less 2 1/2% that shall be used to
10defray administrative costs incurred by the clerk, shall be
11remitted by the clerk to the Treasurer within 60 days after
12receipt for deposit into the Spinal Cord Injury Paralysis Cure
13Research Trust Fund. This additional fee of $5 shall not be
14considered a part of the fine for purposes of any reduction in
15the fine for time served either before or after sentencing. Not
16later than March 1 of each year the Circuit Clerk shall submit
17a report of the amount of funds remitted to the State Treasurer
18under this subsection during the preceding calendar year.
19    (c) In addition to any other fines and court costs assessed
20by the courts, any person convicted for a violation of Sections
2124-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or a
22person sentenced for a violation of the Cannabis Control Act,
23the Illinois Controlled Substances Act, or the Methamphetamine
24Control and Community Protection Act shall pay an additional
25fee of $100 to the clerk of the circuit court. This amount,
26less 2 1/2% that shall be used to defray administrative costs

 

 

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1incurred by the clerk, shall be remitted by the clerk to the
2Treasurer within 60 days after receipt for deposit into the
3Trauma Center Fund. This additional fee of $100 shall not be
4considered a part of the fine for purposes of any reduction in
5the fine for time served either before or after sentencing. 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 subsection during the preceding calendar year.
9    (c-1) In addition to any other fines and court costs
10assessed by the courts, any person sentenced for a violation of
11the Cannabis Control Act, the Illinois Controlled Substances
12Act, or the Methamphetamine Control and Community Protection
13Act shall pay an additional fee of $5 to the clerk of the
14circuit court. This amount, less 2 1/2% that shall be used to
15defray administrative costs incurred by the clerk, shall be
16remitted by the clerk to the Treasurer within 60 days after
17receipt for deposit into the Spinal Cord Injury Paralysis Cure
18Research Trust Fund. This additional fee of $5 shall not be
19considered a part of the fine for purposes of any reduction in
20the fine for time served either before or after sentencing. Not
21later than March 1 of each year the Circuit Clerk shall submit
22a report of the amount of funds remitted to the State Treasurer
23under this subsection during the preceding calendar year.
24    (d) The following amounts must be remitted to the State
25Treasurer for deposit into the Illinois Animal Abuse Fund:
26        (1) 50% of the amounts collected for felony offenses

 

 

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1    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;
4        (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
9        (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.
13    (e) Any person who receives a disposition of court
14supervision for a violation of the Illinois Vehicle Code or a
15similar provision of a local ordinance shall, in addition to
16any other fines, fees, and court costs, pay an additional fee
17of $29, to be disbursed as provided in Section 16-104c of the
18Illinois Vehicle Code. In addition to the fee of $29, the
19person shall also pay a fee of $6, if not waived by the court.
20If this $6 fee is collected, $5.50 of the fee shall be
21deposited into the Circuit Court Clerk Operation and
22Administrative Fund created by the Clerk of the Circuit Court
23and 50 cents of the fee shall be deposited into the Prisoner
24Review Board Vehicle and Equipment Fund in the State treasury.
25    (f) This Section does not apply to the additional child
26pornography fines assessed and collected under Section

 

 

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15-9-1.14 of the Unified Code of Corrections.
2    (g) (Blank).
3    (h) (Blank).
4    (i) Of the amounts collected as fines under subsection (b)
5of Section 3-712 of the Illinois Vehicle Code, 99% shall be
6deposited into the Illinois Military Family Relief Fund and 1%
7shall be deposited into the Circuit Court Clerk Operation and
8Administrative Fund created by the Clerk of the Circuit Court
9to be used to offset the costs incurred by the Circuit Court
10Clerk in performing the additional duties required to collect
11and disburse funds to entities of State and local government as
12provided by law.
13    (j) Any person convicted of, pleading guilty to, or placed
14on supervision for a serious traffic violation, as defined in
15Section 1-187.001 of the Illinois Vehicle Code, a violation of
16Section 11-501 of the Illinois Vehicle Code, or a violation of
17a similar provision of a local ordinance shall pay an
18additional fee of $35, to be disbursed as provided in Section
1916-104d of that Code.
20    This subsection (j) becomes inoperative 7 years after the
21effective date of Public Act 95-154.
22    (k) For any conviction or disposition of court supervision
23for a violation of Section 11-1429 of the Illinois Vehicle
24Code, the circuit clerk shall distribute the fines paid by the
25person as specified by subsection (h) of Section 11-1429 of the
26Illinois Vehicle Code.

 

 

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1    (l) Any person who receives a disposition of court
2supervision for a violation of Section 11-501 of the Illinois
3Vehicle Code or a similar provision of a local ordinance shall,
4in addition to any other fines, fees, and court costs, pay an
5additional fee of $50, which shall be collected by the circuit
6clerk and then remitted to the State Treasurer for deposit into
7the Roadside Memorial Fund, a special fund in the State
8treasury. However, the court may waive the fee if full
9restitution is complied with. Subject to appropriation, all
10moneys in the Roadside Memorial Fund shall be used by the
11Department of Transportation to pay fees imposed under
12subsection (f) of Section 20 of the Roadside Memorial Act. The
13fee shall be remitted by the circuit clerk within one month
14after receipt to the State Treasurer for deposit into the
15Roadside Memorial Fund.
16    (m) Of the amounts collected as fines under subsection (c)
17of Section 411.4 of the Illinois Controlled Substances Act or
18subsection (c) of Section 90 of the Methamphetamine Control and
19Community Protection Act, 99% shall be deposited to the law
20enforcement agency or fund specified and 1% shall be deposited
21into the Circuit Court Clerk Operation and Administrative Fund
22to be used to offset the costs incurred by the Circuit Court
23Clerk in performing the additional duties required to collect
24and disburse funds to entities of State and local government as
25provided by law.
26    (n) In addition to any other fines and court costs assessed

 

 

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1by the courts, any person who is convicted of or pleads guilty
2to a violation of the Criminal Code of 1961, or a similar
3provision of a local ordinance, or who is convicted of, pleads
4guilty to, or receives a disposition of court supervision for a
5violation of the Illinois Vehicle Code, or a similar provision
6of a local ordinance, shall pay an additional fee of $15 to the
7clerk of the circuit court. This additional fee of $15 shall
8not be considered a part of the fine for purposes of any
9reduction in the fine for time served either before or after
10sentencing. This amount, less 2.5% that shall be used to defray
11administrative costs incurred by the clerk, shall be remitted
12by the clerk to the State Treasurer within 60 days after
13receipt for deposit into the State Police Merit Board Public
14Safety Fund.
15(Source: P.A. 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428,
16eff. 8-24-07; 95-600, eff. 6-1-08; 95-876, eff. 8-21-08;
1796-286, eff. 8-11-09; 96-576, eff. 8-18-09; 96-578, eff.
188-18-09; 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-1175,
19eff. 9-20-10; 96-1342, eff. 1-1-11; revised 9-16-10.)
 
20    (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667,
2196-735, 96-1175, 96-1342, and 97-434)
22    Sec. 27.6. (a) All fees, fines, costs, additional
23penalties, bail balances assessed or forfeited, and any other
24amount paid by a person to the circuit clerk equalling an
25amount of $55 or more, except the fine imposed by Section

 

 

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15-9-1.15 of the Unified Code of Corrections, the additional fee
2required by subsections (b) and (c), restitution under Section
35-5-6 of the Unified Code of Corrections, contributions to a
4local anti-crime program ordered pursuant to Section
55-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
6Corrections, reimbursement for the costs of an emergency
7response as provided under Section 11-501 of the Illinois
8Vehicle Code, any fees collected for attending a traffic safety
9program under paragraph (c) of Supreme Court Rule 529, any fee
10collected on behalf of a State's Attorney under Section 4-2002
11of the Counties Code or a sheriff under Section 4-5001 of the
12Counties Code, or any cost imposed under Section 124A-5 of the
13Code of Criminal Procedure of 1963, for convictions, orders of
14supervision, or any other disposition for a violation of
15Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
16similar provision of a local ordinance, and any violation of
17the Child Passenger Protection Act, or a similar provision of a
18local ordinance, and except as otherwise provided in this
19Section shall be disbursed within 60 days after receipt by the
20circuit clerk as follows: 44.5% shall be disbursed to the
21entity authorized by law to receive the fine imposed in the
22case; 16.825% shall be disbursed to the State Treasurer; and
2338.675% shall be disbursed to the county's general corporate
24fund. Of the 16.825% disbursed to the State Treasurer, 2/17
25shall be deposited by the State Treasurer into the Violent
26Crime Victims Assistance Fund, 5.052/17 shall be deposited into

 

 

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1the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
2be deposited into the Drivers Education Fund, and 6.948/17
3shall be deposited into the Trauma Center Fund. Of the 6.948/17
4deposited into the Trauma Center Fund from the 16.825%
5disbursed to the State Treasurer, 50% shall be disbursed to the
6Department of Public Health and 50% shall be disbursed to the
7Department of Healthcare and Family Services. For fiscal year
81993, amounts deposited into the Violent Crime Victims
9Assistance Fund, the Traffic and Criminal Conviction Surcharge
10Fund, or the Drivers Education Fund shall not exceed 110% of
11the amounts deposited into those funds in fiscal year 1991. Any
12amount that exceeds the 110% limit shall be distributed as
13follows: 50% shall be disbursed to the county's general
14corporate fund and 50% shall be disbursed to the entity
15authorized by law to receive the fine imposed in the case. Not
16later than March 1 of each year the circuit clerk shall submit
17a report of the amount of funds remitted to the State Treasurer
18under this Section during the preceding year based upon
19independent verification of fines and fees. All counties shall
20be subject to this Section, except that counties with a
21population under 2,000,000 may, by ordinance, elect not to be
22subject to this Section. For offenses subject to this Section,
23judges shall impose one total sum of money payable for
24violations. The circuit clerk may add on no additional amounts
25except for amounts that are required by Sections 27.3a and
2627.3c of this Act, Section 16-104c of the Illinois Vehicle

 

 

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1Code, and subsection (a) of Section 5-1101 of the Counties
2Code, unless those amounts are specifically waived by the
3judge. With respect to money collected by the circuit clerk as
4a result of forfeiture of bail, ex parte judgment or guilty
5plea pursuant to Supreme Court Rule 529, the circuit clerk
6shall first deduct and pay amounts required by Sections 27.3a
7and 27.3c of this Act. Unless a court ordered payment schedule
8is implemented or fee requirements are waived pursuant to court
9order, the clerk of the court may add to any unpaid fees and
10costs a delinquency amount equal to 5% of the unpaid fees that
11remain unpaid after 30 days, 10% of the unpaid fees that remain
12unpaid after 60 days, and 15% of the unpaid fees that remain
13unpaid after 90 days. Notice to those parties may be made by
14signage posting or publication. The additional delinquency
15amounts collected under this Section shall be deposited in the
16Circuit Court Clerk Operation and Administrative Fund to be
17used to defray administrative costs incurred by the circuit
18clerk in performing the duties required to collect and disburse
19funds. This Section is a denial and limitation of home rule
20powers and functions under subsection (h) of Section 6 of
21Article VII of the Illinois Constitution.
22    (b) In addition to any other fines and court costs assessed
23by the courts, any person convicted or receiving an order of
24supervision for driving under the influence of alcohol or drugs
25shall pay an additional fee of $100 to the clerk of the circuit
26court. This amount, less 2 1/2% that shall be used to defray

 

 

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1administrative costs incurred by the clerk, shall be remitted
2by the clerk to the Treasurer within 60 days after receipt for
3deposit into the Trauma Center Fund. This additional fee of
4$100 shall not be considered a part of the fine for purposes of
5any reduction in the fine for time served either before or
6after sentencing. Not later than March 1 of each year the
7Circuit Clerk shall submit a report of the amount of funds
8remitted to the State Treasurer under this subsection during
9the preceding calendar year.
10    (b-1) In addition to any other fines and court costs
11assessed by the courts, any person convicted or receiving an
12order of supervision for driving under the influence of alcohol
13or drugs shall pay an additional fee of $5 to the clerk of the
14circuit court. This amount, less 2 1/2% that shall be used to
15defray administrative costs incurred by the clerk, shall be
16remitted by the clerk to the Treasurer within 60 days after
17receipt for deposit into the Spinal Cord Injury Paralysis Cure
18Research Trust Fund. This additional fee of $5 shall not be
19considered a part of the fine for purposes of any reduction in
20the fine for time served either before or after sentencing. Not
21later than March 1 of each year the Circuit Clerk shall submit
22a report of the amount of funds remitted to the State Treasurer
23under this subsection during the preceding calendar year.
24    (c) In addition to any other fines and court costs assessed
25by the courts, any person convicted for a violation of Sections
2624-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or a

 

 

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

 

 

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1a report of the amount of funds remitted to the State Treasurer
2under this subsection during the preceding calendar year.
3    (d) The following amounts must be remitted to the State
4Treasurer for deposit into the Illinois Animal Abuse Fund:
5        (1) 50% of the amounts collected for felony offenses
6    under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
7    5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
8    Animals Act and Section 26-5 of the Criminal Code of 1961;
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 of the Criminal Code of
13    1961; 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 of the Criminal Code of
17    1961.
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

 

 

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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 7 years after the effective
12date of Public Act 95-154.
13    (h) In all counties having a population of 3,000,000 or
14more inhabitants,
15        (1) A person who is found guilty of or pleads guilty to
16    violating subsection (a) of Section 11-501 of the Illinois
17    Vehicle Code, including any person placed on court
18    supervision for violating subsection (a), shall be fined
19    $750 as provided for by subsection (f) of Section 11-501.01
20    of the Illinois Vehicle Code, payable to the circuit clerk,
21    who shall distribute the money pursuant to subsection (f)
22    of Section 11-501.01 of the Illinois Vehicle Code.
23        (2) When a crime laboratory DUI analysis fee of $150,
24    provided for by Section 5-9-1.9 of the Unified Code of
25    Corrections is assessed, it shall be disbursed by the
26    circuit clerk as provided by subsection (f) of Section

 

 

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1    5-9-1.9 of the Unified Code of Corrections.
2        (3) When a fine for a violation of Section 11-605.1 of
3    the Illinois Vehicle Code is $250 or greater, the person
4    who violated that Section shall be charged an additional
5    $125 as provided for by subsection (e) of Section 11-605.1
6    of the Illinois Vehicle Code, which shall be disbursed by
7    the circuit clerk to a State or county Transportation
8    Safety Highway Hire-back Fund as provided by subsection (e)
9    of Section 11-605.1 of the Illinois Vehicle Code.
10        (4) When a fine for a violation of subsection (a) of
11    Section 11-605 of the Illinois Vehicle Code is $150 or
12    greater, the additional $50 which is charged as provided
13    for by subsection (f) of Section 11-605 of the Illinois
14    Vehicle Code shall be disbursed by the circuit clerk to a
15    school district or districts for school safety purposes as
16    provided by subsection (f) of Section 11-605.
17        (5) When a fine for a violation of subsection (a) of
18    Section 11-1002.5 of the Illinois Vehicle Code is $150 or
19    greater, the additional $50 which is charged as provided
20    for by subsection (c) of Section 11-1002.5 of the Illinois
21    Vehicle Code shall be disbursed by the circuit clerk to a
22    school district or districts for school safety purposes as
23    provided by subsection (c) of Section 11-1002.5 of the
24    Illinois Vehicle Code.
25        (6) When a mandatory drug court fee of up to $5 is
26    assessed as provided in subsection (f) of Section 5-1101 of

 

 

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

 

 

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1shall be deposited into the Circuit Court Clerk Operation and
2Administrative Fund created by the Clerk of the Circuit Court
3to be used to offset the costs incurred by the Circuit Court
4Clerk in performing the additional duties required to collect
5and disburse funds to entities of State and local government as
6provided by law.
7    (j) (Blank).
8    (k) For any conviction or disposition of court supervision
9for a violation of Section 11-1429 of the Illinois Vehicle
10Code, the circuit clerk shall distribute the fines paid by the
11person as specified by subsection (h) of Section 11-1429 of the
12Illinois Vehicle Code.
13    (l) Any person who receives a disposition of court
14supervision for a violation of Section 11-501 of the Illinois
15Vehicle Code or a similar provision of a local ordinance shall,
16in addition to any other fines, fees, and court costs, pay an
17additional fee of $50, which shall be collected by the circuit
18clerk and then remitted to the State Treasurer for deposit into
19the Roadside Memorial Fund, a special fund in the State
20treasury. However, the court may waive the fee if full
21restitution is complied with. Subject to appropriation, all
22moneys in the Roadside Memorial Fund shall be used by the
23Department of Transportation to pay fees imposed under
24subsection (f) of Section 20 of the Roadside Memorial Act. The
25fee shall be remitted by the circuit clerk within one month
26after receipt to the State Treasurer for deposit into the

 

 

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1Roadside Memorial Fund.
2    (m) Of the amounts collected as fines under subsection (c)
3of Section 411.4 of the Illinois Controlled Substances Act or
4subsection (c) of Section 90 of the Methamphetamine Control and
5Community Protection Act, 99% shall be deposited to the law
6enforcement agency or fund specified and 1% shall be deposited
7into the Circuit Court Clerk Operation and Administrative Fund
8to be used to offset the costs incurred by the Circuit Court
9Clerk in performing the additional duties required to collect
10and disburse funds to entities of State and local government as
11provided by law.
12    (n) In addition to any other fines and court costs assessed
13by the courts, any person who is convicted of or pleads guilty
14to a violation of the Criminal Code of 1961, or a similar
15provision of a local ordinance, or who is convicted of, pleads
16guilty to, or receives a disposition of court supervision for a
17violation of the Illinois Vehicle Code, or a similar provision
18of a local ordinance, shall pay an additional fee of $15 to the
19clerk of the circuit court. This additional fee of $15 shall
20not be considered a part of the fine for purposes of any
21reduction in the fine for time served either before or after
22sentencing. This 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.

 

 

09700HB0196sam001- 23 -LRB097 05129 RLC 69442 a

1(Source: P.A. 96-576, eff. 8-18-09; 96-578, eff. 8-18-09;
296-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-735, eff. 1-1-10;
396-1175, eff. 9-20-10; 96-1342, eff. 1-1-11; 97-434, eff.
41-1-12.)".