Full Text of SB0581 99th General Assembly
SB0581sam001 99TH GENERAL ASSEMBLY | Sen. Martin A. Sandoval Filed: 5/3/2016
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| 1 | | AMENDMENT TO SENATE BILL 581
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 581 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the DUI | 5 | | Prevention and Education Commission Act. | 6 | | Section 5. The DUI Prevention and Education Commission.
| 7 | | (a) The DUI Prevention and Education Commission is created, | 8 | | consisting of the following members: | 9 | | (1) one member from the office of the Secretary of | 10 | | State, appointed by the Secretary of State;
| 11 | | (2) one member representing law enforcement, appointed | 12 | | by the Department of State Police;
| 13 | | (3) one member from the Division of Alcohol and | 14 | | Substance Abuse of the Department of Human Services, | 15 | | appointed by the Secretary of the Department of Human | 16 | | Services;
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| 1 | | (4) one member from the Division of Traffic Safety of | 2 | | the Department of Transportation, appointed by the | 3 | | Secretary of the Department of Transportation; and | 4 | | (5) the Director of the Office of the State's Attorneys | 5 | | Appellate Prosecutor, or his or her designee. | 6 | | (b) The members of the Commission shall be appointed within | 7 | | 60 days after the effective date of this Act. | 8 | | (c) The members of the Commission shall receive no | 9 | | compensation for serving as members of the Commission. | 10 | | (d) The Department of Transportation shall provide | 11 | | administrative support to the Commission. | 12 | | Section 10. Meetings. | 13 | | (a) Each member of the Commission shall have voting rights | 14 | | and all actions and recommendations shall be approved by a | 15 | | simple majority vote of the members. A quorum shall consist of | 16 | | 3 members. | 17 | | (b) The initial meeting of the Commission shall take place | 18 | | within 90 days after the effective date of this Act. At the | 19 | | initial meeting, the Commission shall elect one member as a | 20 | | Chairperson by a simple majority vote. The Chairperson shall | 21 | | call any subsequent meetings.
| 22 | | Section 15. Powers. The Commission shall:
| 23 | | (1) create rules and guidelines to consider in | 24 | | accepting, reviewing, and determining grant applications;
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| 1 | | (2) as necessary, meet to determine recipients of | 2 | | grants from the DUI Prevention and Education Fund; and
| 3 | | (3) provide a list of eligible grant recipients to the | 4 | | Department of Transportation.
| 5 | | Section 20. DUI Prevention and Education Fund; transfer of | 6 | | funds. | 7 | | (a) The DUI Prevention and Education Fund is created as a | 8 | | special fund in the State treasury. Subject to appropriation, | 9 | | all moneys in the DUI Prevention and Education Fund shall be | 10 | | distributed by the Department of Transportation with guidance | 11 | | from the DUI Prevention and Education Commission as grants for | 12 | | crash victim programs and materials, impaired driving | 13 | | prevention programs, law enforcement support, and other | 14 | | DUI-related programs. | 15 | | (b) As soon as practical after the effective date of this | 16 | | Act, the State Comptroller shall direct and the State Treasurer | 17 | | shall transfer $750,000 from the Roadside Memorial Fund to the | 18 | | DUI Prevention and Education Fund. | 19 | | Section 25. The State Finance Act is amended by adding | 20 | | Section 5.875 as follows: | 21 | | (30 ILCS 105/5.875 new) | 22 | | Sec. 5.875. DUI Prevention and Education Fund. |
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| 1 | | Section 30. The Clerks of Courts Act is amended by changing | 2 | | Sections 27.5 and 27.6 as follows:
| 3 | | (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
| 4 | | Sec. 27.5. (a) All fees, fines, costs, additional | 5 | | penalties, bail balances
assessed or forfeited, and any other | 6 | | amount paid by a person to the circuit
clerk that equals an | 7 | | amount less than $55, except restitution under Section
5-5-6 of | 8 | | the Unified Code of Corrections, reimbursement for the costs of | 9 | | an
emergency response as provided under Section 11-501 of the | 10 | | Illinois Vehicle
Code, any fees collected for attending a | 11 | | traffic safety program under
paragraph (c) of Supreme Court | 12 | | Rule 529, any fee collected on behalf of a
State's Attorney | 13 | | under Section 4-2002 of the Counties Code or a sheriff under
| 14 | | Section 4-5001 of the Counties Code, or any cost imposed under | 15 | | Section 124A-5
of the Code of Criminal Procedure of 1963, for | 16 | | convictions, orders of
supervision, or any other disposition | 17 | | for a violation of Chapters 3, 4, 6,
11, and 12 of the Illinois | 18 | | Vehicle Code, or a similar provision of a local
ordinance, and | 19 | | any violation of the Child Passenger Protection Act, or a
| 20 | | similar provision of a local ordinance, and except as otherwise | 21 | | provided in this Section, shall be disbursed within 60 days | 22 | | after receipt by the circuit
clerk as follows: 47% shall be | 23 | | disbursed to the entity authorized by law to
receive the fine | 24 | | imposed in the case; 12% shall be disbursed to the State
| 25 | | Treasurer; and 41% shall be disbursed to the county's general |
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| 1 | | corporate fund.
Of the 12% disbursed to the State Treasurer, | 2 | | 1/6 shall be deposited by the
State Treasurer into the Violent | 3 | | Crime Victims Assistance Fund, 1/2 shall be
deposited into the | 4 | | Traffic and Criminal Conviction Surcharge Fund, and 1/3
shall | 5 | | be deposited into the Drivers Education Fund. For fiscal years | 6 | | 1992 and
1993, amounts deposited into the Violent Crime Victims | 7 | | Assistance Fund, the
Traffic and Criminal Conviction Surcharge | 8 | | Fund, or the Drivers Education Fund
shall not exceed 110% of | 9 | | the amounts deposited into those funds in fiscal year
1991. Any | 10 | | amount that exceeds the 110% limit shall be distributed as | 11 | | follows:
50% shall be disbursed to the county's general | 12 | | corporate fund and 50% shall be
disbursed to the entity | 13 | | authorized by law to receive the fine imposed in the
case. Not | 14 | | later than March 1 of each year the circuit clerk
shall submit | 15 | | a report of the amount of funds remitted to the State
Treasurer | 16 | | under this Section during the preceding year based upon
| 17 | | independent verification of fines and fees. All counties shall | 18 | | be 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 Section, | 21 | | judges shall impose one total sum of money payable
for | 22 | | violations. The circuit clerk may add on no additional amounts | 23 | | except
for amounts that are required by Sections 27.3a and | 24 | | 27.3c of
this Act, Section 16-104c of the Illinois Vehicle | 25 | | Code, and subsection (a) of Section 5-1101 of the Counties | 26 | | Code, unless those amounts are specifically waived by the |
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| 1 | | judge. With
respect to money collected by the circuit clerk as | 2 | | a result of
forfeiture of bail, ex parte judgment or guilty | 3 | | plea pursuant to Supreme
Court Rule 529, the circuit clerk | 4 | | shall first deduct and pay amounts
required by Sections 27.3a | 5 | | and 27.3c of this Act. Unless a court ordered payment schedule | 6 | | is implemented or fee requirements are waived pursuant to a | 7 | | court order, the circuit clerk may add to any unpaid fees and | 8 | | costs a delinquency amount equal to 5% of the unpaid fees that | 9 | | remain unpaid after 30 days, 10% of the unpaid fees that remain | 10 | | unpaid after 60 days, and 15% of the unpaid fees that remain | 11 | | unpaid after 90 days. Notice to those parties may be made by | 12 | | signage posting or publication. The additional delinquency | 13 | | amounts collected under this Section shall be deposited in the | 14 | | Circuit Court Clerk Operation and Administrative Fund to be | 15 | | used to defray administrative costs incurred by the circuit | 16 | | clerk in performing the duties required to collect and disburse | 17 | | funds. This Section is a denial
and limitation of home rule | 18 | | powers and functions under subsection (h) of
Section 6 of | 19 | | Article VII of the Illinois Constitution.
| 20 | | (b) The following amounts must be remitted to the State | 21 | | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| 22 | | (1) 50% of the amounts collected for felony offenses | 23 | | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | 24 | | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | 25 | | Animals Act and Section 26-5 or 48-1 of the Criminal Code | 26 | | of
1961 or the Criminal Code of 2012;
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| 1 | | (2) 20% of the amounts collected for Class A and Class | 2 | | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | 3 | | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | 4 | | for Animals Act and Section 26-5 or 48-1 of the Criminal
| 5 | | Code of 1961 or the Criminal Code of 2012; and
| 6 | | (3) 50% of the amounts collected for Class C | 7 | | misdemeanors under
Sections 4.01 and 7.1 of the Humane Care | 8 | | for Animals Act and Section 26-5
or 48-1 of the Criminal | 9 | | Code of 1961 or the Criminal Code of 2012.
| 10 | | (c) Any person who receives a disposition of court | 11 | | supervision for a violation of the Illinois Vehicle Code or a | 12 | | similar provision of a local ordinance shall, in addition to | 13 | | any other fines, fees, and court costs, pay an additional fee | 14 | | of $29, to be disbursed as provided in Section 16-104c of the | 15 | | Illinois Vehicle Code. In addition to the fee of $29, the | 16 | | person shall also pay a fee of $6, if not waived by the court. | 17 | | If this $6 fee is collected, $5.50 of the fee shall be | 18 | | deposited into the Circuit Court Clerk Operation and | 19 | | Administrative Fund created by the Clerk of the Circuit Court | 20 | | and 50 cents of the fee shall be deposited into the Prisoner | 21 | | Review Board Vehicle and Equipment Fund in the State treasury. | 22 | | (d) Any person convicted of, pleading guilty to, or placed | 23 | | on supervision for a serious traffic violation, as defined in | 24 | | Section 1-187.001 of the Illinois Vehicle Code, a violation of | 25 | | Section 11-501 of the Illinois Vehicle Code, or a violation of | 26 | | a similar provision of a local ordinance shall pay an |
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| 1 | | additional fee of $35, to be disbursed as provided in Section | 2 | | 16-104d of that Code. | 3 | | This subsection (d) becomes inoperative on January 1, 2020.
| 4 | | (e) In all counties having a population of 3,000,000 or | 5 | | more inhabitants: | 6 | | (1) A person who is found guilty of or pleads guilty to | 7 | | violating subsection (a) of Section 11-501 of the Illinois | 8 | | Vehicle Code, including any person placed on court | 9 | | supervision for violating subsection (a), shall be fined | 10 | | $750 as provided for by subsection (f) of Section 11-501.01 | 11 | | of the Illinois Vehicle Code, payable to the circuit clerk, | 12 | | who shall distribute the money pursuant to subsection (f) | 13 | | of Section 11-501.01 of the Illinois Vehicle Code. | 14 | | (2) When a crime laboratory DUI analysis fee of $150, | 15 | | provided for by Section 5-9-1.9 of the Unified Code of | 16 | | Corrections is assessed, it shall be disbursed by the | 17 | | circuit clerk as provided by subsection (f) of Section | 18 | | 5-9-1.9 of the Unified Code of Corrections. | 19 | | (3) When a fine for a violation of subsection (a) of | 20 | | Section 11-605 of the Illinois Vehicle Code is $150 or | 21 | | greater, the additional $50 which is charged as provided | 22 | | for by subsection (f) of Section 11-605 of the Illinois | 23 | | Vehicle Code shall be disbursed by the circuit clerk to a | 24 | | school district or districts for school safety purposes as | 25 | | provided by subsection (f) of Section 11-605. | 26 | | (4) When a fine for a violation of subsection (a) of |
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| 1 | | Section 11-1002.5 of the Illinois Vehicle Code is $150 or | 2 | | greater, the additional $50 which is charged as provided | 3 | | for by subsection (c) of Section 11-1002.5 of the Illinois | 4 | | Vehicle Code shall be disbursed by the circuit clerk to a | 5 | | school district or districts for school safety purposes as | 6 | | provided by subsection (c) of Section 11-1002.5 of the | 7 | | Illinois Vehicle Code. | 8 | | (5) When a mandatory drug court fee of up to $5 is | 9 | | assessed as provided in subsection (f) of Section 5-1101 of | 10 | | the Counties Code, it shall be disbursed by the circuit | 11 | | clerk as provided in subsection (f) of Section 5-1101 of | 12 | | the Counties Code. | 13 | | (6) When a mandatory teen court, peer jury, youth | 14 | | court, or other youth diversion program fee is assessed as | 15 | | provided in subsection (e) of Section 5-1101 of the | 16 | | Counties Code, it shall be disbursed by the circuit clerk | 17 | | as provided in subsection (e) of Section 5-1101 of the | 18 | | Counties Code. | 19 | | (7) When a Children's Advocacy Center fee is assessed | 20 | | pursuant to subsection (f-5) of Section 5-1101 of the | 21 | | Counties Code, it shall be disbursed by the circuit clerk | 22 | | as provided in subsection (f-5) of Section 5-1101 of the | 23 | | Counties Code. | 24 | | (8) When a victim impact panel fee is assessed pursuant | 25 | | to subsection (b) of Section 11-501.01 of the Illinois | 26 | | Vehicle Code, it shall be disbursed by the circuit clerk to |
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| 1 | | the victim impact panel to be
attended by the defendant. | 2 | | (9) When a new fee collected in traffic cases is | 3 | | enacted after January 1, 2010 (the effective date of Public | 4 | | Act 96-735), it shall be excluded from the percentage | 5 | | disbursement provisions of this Section unless otherwise | 6 | | indicated by law. | 7 | | (f) Any person who receives a disposition of court | 8 | | supervision for a violation of Section 11-501 of the Illinois | 9 | | Vehicle Code shall, in addition to any other fines, fees, and | 10 | | court costs, pay an additional fee of $50, which shall
be | 11 | | collected by the circuit clerk and then remitted to the State | 12 | | Treasurer for deposit as follows: | 13 | | (1) $5 into the Roadside Memorial Fund, a special fund | 14 | | in the State treasury. However, the court may waive the fee | 15 | | if full restitution is complied with. Subject to | 16 | | appropriation, all moneys in the Roadside Memorial Fund | 17 | | shall be used by the Department of Transportation to pay | 18 | | fees imposed under subsection (f) of Section 20 of the | 19 | | Roadside Memorial Act. The fee shall be remitted by the | 20 | | circuit clerk within one month after receipt to the State | 21 | | Treasurer for deposit into the Roadside Memorial Fund. | 22 | | (2) $45 into the DUI Prevention and Education Fund. | 23 | | The court may waive the fee if full restitution is complied | 24 | | with. | 25 | | (g) For any conviction or disposition of court supervision | 26 | | for a violation of Section 11-1429 of the Illinois Vehicle |
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| 1 | | Code, the circuit clerk shall distribute the fines paid by the | 2 | | person as specified by subsection (h) of Section 11-1429 of the | 3 | | Illinois Vehicle Code. | 4 | | (Source: P.A. 97-333, eff. 8-12-11; 97-1108, eff. 1-1-13; | 5 | | 97-1150, eff. 1-25-13; 98-658, eff. 6-23-14.)
| 6 | | (705 ILCS 105/27.6)
| 7 | | (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625, | 8 | | 96-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150, | 9 | | 98-658, 98-1013, 99-78, and 99-455) | 10 | | Sec. 27.6. (a) All fees, fines, costs, additional | 11 | | penalties, bail balances
assessed or forfeited, and any other | 12 | | amount paid by a person to the circuit
clerk equalling an | 13 | | amount of $55 or more, except the fine imposed by Section | 14 | | 5-9-1.15
of the Unified Code of Corrections, the additional fee | 15 | | required
by subsections (b) and (c), restitution under Section | 16 | | 5-5-6 of the
Unified Code of Corrections, contributions to a | 17 | | local anti-crime program ordered pursuant to Section | 18 | | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | 19 | | Corrections, reimbursement for the costs of an emergency
| 20 | | response as provided under Section 11-501 of the Illinois | 21 | | Vehicle Code,
any fees collected for attending a traffic safety | 22 | | program under paragraph (c)
of Supreme Court Rule 529, any fee | 23 | | collected on behalf of a State's Attorney
under Section 4-2002 | 24 | | of the Counties Code or a sheriff under Section 4-5001
of the | 25 | | Counties Code, or any cost imposed under Section 124A-5 of the |
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| 1 | | Code of
Criminal Procedure of 1963, for convictions, orders of | 2 | | supervision, or any
other disposition for a violation of | 3 | | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | 4 | | similar provision of a local ordinance, and any
violation of | 5 | | the Child Passenger Protection Act, or a similar provision of a
| 6 | | local ordinance, and except as otherwise provided in this | 7 | | Section
shall be disbursed
within 60 days after receipt by the | 8 | | circuit
clerk as follows: 44.5% shall be disbursed to the | 9 | | entity authorized by law to
receive the fine imposed in the | 10 | | case; 16.825% shall be disbursed to the State
Treasurer; and | 11 | | 38.675% shall be disbursed to the county's general corporate
| 12 | | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | 13 | | shall be deposited
by the State Treasurer into the Violent | 14 | | Crime Victims Assistance Fund, 5.052/17
shall be deposited into | 15 | | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall | 16 | | be deposited into the Drivers Education Fund, and 6.948/17 | 17 | | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 | 18 | | deposited into the
Trauma Center Fund from the 16.825% | 19 | | disbursed to the State Treasurer, 50% shall
be disbursed to the | 20 | | Department of Public Health and 50% shall be disbursed to
the | 21 | | Department of Healthcare and Family Services. For fiscal year | 22 | | 1993, amounts deposited into
the Violent Crime Victims | 23 | | Assistance Fund, the Traffic and Criminal
Conviction Surcharge | 24 | | Fund, or the Drivers Education Fund shall not exceed 110%
of | 25 | | the amounts deposited into those funds in fiscal year 1991. Any
| 26 | | amount that exceeds the 110% limit shall be distributed as |
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| 1 | | follows: 50%
shall be disbursed to the county's general | 2 | | corporate fund and 50% shall be
disbursed to the entity | 3 | | authorized by law to receive the fine imposed in
the case. Not | 4 | | later than March 1 of each year the circuit clerk
shall submit | 5 | | a report of the amount of funds remitted to the State
Treasurer | 6 | | under this Section during the preceding year based upon
| 7 | | independent verification of fines and fees. All counties shall | 8 | | be subject
to this Section, except that counties with a | 9 | | population under 2,000,000
may, by ordinance, elect not to be | 10 | | subject to this Section. For offenses
subject to this Section, | 11 | | judges shall impose one total sum of money payable
for | 12 | | violations. The circuit clerk may add on no additional amounts | 13 | | except
for amounts that are required by Sections 27.3a and | 14 | | 27.3c of
this Act, unless those amounts are specifically waived | 15 | | by the judge. With
respect to money collected by the circuit | 16 | | clerk as a result of
forfeiture of bail, ex parte judgment or | 17 | | guilty plea pursuant to Supreme
Court Rule 529, the circuit | 18 | | clerk shall first deduct and pay amounts
required by Sections | 19 | | 27.3a and 27.3c of this Act. This Section is a denial
and | 20 | | limitation of home rule powers and functions under subsection | 21 | | (h) of
Section 6 of Article VII of the Illinois Constitution.
| 22 | | (b) In addition to any other fines and court costs assessed | 23 | | by the courts,
any person convicted or receiving an order of | 24 | | supervision for driving under
the influence of alcohol or drugs | 25 | | shall pay an additional fee of $100 to the
clerk of the circuit | 26 | | court. This amount, less 2 1/2% that shall be used to
defray |
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| 1 | | administrative costs incurred by the clerk, shall be remitted | 2 | | by the
clerk to the Treasurer within 60 days after receipt for | 3 | | deposit into the Trauma
Center Fund. This additional fee of | 4 | | $100 shall not be considered a part of the
fine for purposes of | 5 | | any reduction in the fine for time served either before or
| 6 | | after sentencing. Not later than March 1 of each year the | 7 | | Circuit Clerk shall
submit a report of the amount of funds | 8 | | remitted to the State Treasurer under
this subsection during | 9 | | the preceding calendar year.
| 10 | | (b-1) In addition to any other fines and court costs | 11 | | assessed by the courts,
any person convicted or receiving an | 12 | | order of supervision for driving under the
influence of alcohol | 13 | | or drugs 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 | 15 | | 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.
| 24 | | (c) In addition to any other fines and court costs assessed | 25 | | by the courts,
any person convicted for a violation of Sections | 26 | | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or the |
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| 1 | | Criminal Code of 2012 or a person sentenced for a violation of | 2 | | the Cannabis
Control Act, the Illinois Controlled Substances | 3 | | Act, or the Methamphetamine Control and Community Protection | 4 | | Act
shall pay an additional fee of $100 to the clerk
of the | 5 | | circuit court. This amount, less
2 1/2% that shall be used to | 6 | | defray administrative costs incurred by the clerk,
shall be | 7 | | remitted by the clerk to the Treasurer within 60 days after | 8 | | receipt
for deposit into the Trauma Center Fund. This | 9 | | additional fee of $100 shall not
be considered a part of the | 10 | | fine for purposes of any reduction in the fine for
time served | 11 | | either before or after sentencing. Not later than March 1 of | 12 | | each
year the Circuit Clerk shall submit a report of the amount | 13 | | of funds remitted to
the State Treasurer under this subsection | 14 | | during the preceding calendar year.
| 15 | | (c-1) In addition to any other fines and court costs | 16 | | assessed by the
courts, any person sentenced for a violation of | 17 | | the Cannabis Control Act,
the Illinois Controlled Substances | 18 | | Act, or the Methamphetamine Control and Community Protection | 19 | | Act shall pay an additional fee of $5 to the
clerk of the | 20 | | circuit court. This amount, less 2 1/2% that shall be used to
| 21 | | defray administrative costs incurred by the clerk, shall be | 22 | | remitted by the
clerk to the Treasurer within 60 days after | 23 | | receipt for deposit into the Spinal
Cord Injury Paralysis Cure | 24 | | Research Trust Fund. This additional fee of $5
shall not be | 25 | | considered a part of the fine for purposes of any reduction in | 26 | | the
fine for time served either before or after sentencing. Not |
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| 1 | | later than March 1
of each year the Circuit Clerk shall submit | 2 | | a report of the amount of funds
remitted to the State Treasurer | 3 | | under this subsection during the preceding
calendar year.
| 4 | | (d) The following amounts must be remitted to the State | 5 | | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| 6 | | (1) 50% of the amounts collected for felony offenses | 7 | | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | 8 | | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | 9 | | Animals Act and Section 26-5 or 48-1 of the Criminal Code | 10 | | of
1961 or the Criminal Code of 2012;
| 11 | | (2) 20% of the amounts collected for Class A and Class | 12 | | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | 13 | | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | 14 | | for Animals Act and Section 26-5 or 48-1 of the Criminal
| 15 | | Code of 1961 or the Criminal Code of 2012; and
| 16 | | (3) 50% of the amounts collected for Class C | 17 | | misdemeanors under Sections
4.01 and 7.1 of the Humane Care | 18 | | for Animals Act and Section 26-5 or 48-1 of the
Criminal | 19 | | Code of 1961 or the Criminal Code of 2012.
| 20 | | (e) Any person who receives a disposition of court | 21 | | supervision for a violation of the Illinois Vehicle Code or a | 22 | | similar provision of a local ordinance shall, in addition to | 23 | | any other fines, fees, and court costs, pay an additional fee | 24 | | of $29, to be disbursed as provided in Section 16-104c of the | 25 | | Illinois Vehicle Code. In addition to the fee of $29, the | 26 | | person shall also pay a fee of $6, if not waived by the court. |
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| 1 | | If this $6 fee is collected, $5.50 of the fee shall be | 2 | | deposited into the Circuit Court Clerk Operation and | 3 | | Administrative Fund created by the Clerk of the Circuit Court | 4 | | and 50 cents of the fee shall be deposited into the Prisoner | 5 | | Review Board Vehicle and Equipment Fund in the State treasury.
| 6 | | (f) This Section does not apply to the additional child | 7 | | pornography fines assessed and collected under Section | 8 | | 5-9-1.14 of the Unified Code of Corrections.
| 9 | | (g) (Blank). | 10 | | (h) (Blank). | 11 | | (i)
Of the amounts collected as fines under subsection (b) | 12 | | of Section 3-712 of the Illinois Vehicle Code, 99% shall be | 13 | | deposited into the Illinois Military Family Relief Fund and 1% | 14 | | shall be deposited into the Circuit Court Clerk Operation and | 15 | | Administrative Fund created by the Clerk of the Circuit Court | 16 | | to be used to offset the costs incurred by the Circuit Court | 17 | | Clerk in performing the additional duties required to collect | 18 | | and disburse funds to entities of State and local government as | 19 | | provided by law.
| 20 | | (j) Any person convicted of, pleading guilty to, or placed | 21 | | on supervision for a serious traffic violation, as defined in | 22 | | Section 1-187.001 of the Illinois Vehicle Code, a violation of | 23 | | Section 11-501 of the Illinois Vehicle Code, or a violation of | 24 | | a similar provision of a local ordinance shall pay an | 25 | | additional fee of $35, to be disbursed as provided in Section | 26 | | 16-104d of that Code. |
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| 1 | | This subsection (j) becomes inoperative on January 1, 2020. | 2 | | (k) For any conviction or disposition of court supervision | 3 | | for a violation of Section 11-1429 of the Illinois Vehicle | 4 | | Code, the circuit clerk shall distribute the fines paid by the | 5 | | person as specified by subsection (h) of Section 11-1429 of the | 6 | | Illinois Vehicle Code. | 7 | | (l) Any person who receives a disposition of court | 8 | | supervision for a violation of Section 11-501 of the Illinois | 9 | | Vehicle Code or a similar provision of a local ordinance shall, | 10 | | in addition to any other fines, fees, and court costs, pay an | 11 | | additional fee of $50, which shall
be collected by the circuit | 12 | | clerk and then remitted to the State Treasurer for deposit as | 13 | | follows: | 14 | | (1) $5 into the Roadside Memorial Fund, a special fund | 15 | | in the State treasury. However, the court may waive the fee | 16 | | if full restitution is complied with. Subject to | 17 | | appropriation, all moneys in the Roadside Memorial Fund | 18 | | shall be used by the Department of Transportation to pay | 19 | | fees imposed under subsection (f) of Section 20 of the | 20 | | Roadside Memorial Act. The fee shall be remitted by the | 21 | | circuit clerk within one month after receipt to the State | 22 | | Treasurer for deposit into the Roadside Memorial Fund. | 23 | | (2) $45 into the DUI Prevention and Education Fund. | 24 | | The court may waive the fee if full restitution is complied | 25 | | with. | 26 | | (m) Of the amounts collected as fines under subsection (c) |
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| 1 | | of Section 411.4 of the Illinois Controlled Substances Act or | 2 | | subsection (c) of Section 90 of the Methamphetamine Control and | 3 | | Community Protection Act, 99% shall be deposited to the law | 4 | | enforcement agency or fund specified and 1% shall be deposited | 5 | | into the Circuit Court Clerk Operation and Administrative Fund | 6 | | to be used to offset the costs incurred by the Circuit Court | 7 | | Clerk in performing the additional duties required to collect | 8 | | and disburse funds to entities of State and local government as | 9 | | provided by law. | 10 | | (n) In addition to any other fines and court costs assessed | 11 | | by the courts, any person who is convicted of or pleads guilty | 12 | | to a violation of the Criminal Code of 1961 or the Criminal | 13 | | Code of 2012, or a similar provision of a local ordinance, or | 14 | | who is convicted of, pleads guilty to, or receives a | 15 | | disposition of court supervision for a violation of the | 16 | | Illinois Vehicle Code, or a similar provision of a local | 17 | | ordinance, shall pay an additional fee of $15 to the clerk of | 18 | | the circuit court. This additional fee of $15 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. | 21 | | This amount, less 2.5% that shall be used to defray | 22 | | administrative costs incurred by the clerk, shall be remitted | 23 | | by the clerk to the State Treasurer within 60 days after | 24 | | receipt for deposit into the State Police Merit Board Public | 25 | | Safety Fund. | 26 | | (o) The amounts collected as fines under Sections 10-9, |
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| 1 | | 11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall | 2 | | be collected by the circuit clerk and distributed as provided | 3 | | under Section 5-9-1.21 of the Unified Code of Corrections in | 4 | | lieu of any disbursement under subsection (a) of this Section. | 5 | | (p) In addition to any other fees and penalties imposed, | 6 | | any person who is convicted of or pleads guilty to a violation | 7 | | of Section 20-1 or Section 20-1.1 of the Criminal Code of 2012 | 8 | | shall pay an additional fee of $250 to the clerk of the circuit | 9 | | court. This additional fee of $250 shall not be considered a | 10 | | part of the fine for purposes of any reduction in the fine for | 11 | | time served either before or after sentencing. This amount, | 12 | | less 2.5% that shall be used to defray administrative costs | 13 | | incurred by the clerk, shall be remitted by the clerk to the | 14 | | Department of Insurance within 60 days after receipt for | 15 | | deposit into the George Bailey Memorial Fund. | 16 | | (Source: P.A. 98-658, eff. 6-23-14; 98-1013, eff. 1-1-15; | 17 | | 99-78, eff. 7-20-15; 99-455, eff. 1-1-16 .) | 18 | | (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667, | 19 | | 96-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150, | 20 | | 98-658, 98-1013, 99-78, and 99-455) | 21 | | Sec. 27.6. (a) All fees, fines, costs, additional | 22 | | penalties, bail balances
assessed or forfeited, and any other | 23 | | amount paid by a person to the circuit
clerk equalling an | 24 | | amount of $55 or more, except the fine imposed by Section | 25 | | 5-9-1.15
of the Unified Code of Corrections, the additional fee |
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| 1 | | required
by subsections (b) and (c), restitution under Section | 2 | | 5-5-6 of the
Unified Code of Corrections, contributions to a | 3 | | local anti-crime program ordered pursuant to Section | 4 | | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | 5 | | Corrections, reimbursement for the costs of an emergency
| 6 | | response as provided under Section 11-501 of the Illinois | 7 | | Vehicle Code,
any fees collected for attending a traffic safety | 8 | | program under paragraph (c)
of Supreme Court Rule 529, any fee | 9 | | collected on behalf of a State's Attorney
under Section 4-2002 | 10 | | of the Counties Code or a sheriff under Section 4-5001
of the | 11 | | Counties Code, or any cost imposed under Section 124A-5 of the | 12 | | Code of
Criminal Procedure of 1963, for convictions, orders of | 13 | | supervision, or any
other disposition for a violation of | 14 | | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | 15 | | similar provision of a local ordinance, and any
violation of | 16 | | the Child Passenger Protection Act, or a similar provision of a
| 17 | | local ordinance, and except as otherwise provided in this | 18 | | Section
shall be disbursed
within 60 days after receipt by the | 19 | | circuit
clerk as follows: 44.5% shall be disbursed to the | 20 | | entity authorized by law to
receive the fine imposed in the | 21 | | case; 16.825% shall be disbursed to the State
Treasurer; and | 22 | | 38.675% shall be disbursed to the county's general corporate
| 23 | | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | 24 | | shall be deposited
by the State Treasurer into the Violent | 25 | | Crime Victims Assistance Fund, 5.052/17
shall be deposited into | 26 | | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall |
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| 1 | | be deposited into the Drivers Education Fund, and 6.948/17 | 2 | | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 | 3 | | deposited into the
Trauma Center Fund from the 16.825% | 4 | | disbursed to the State Treasurer, 50% shall
be disbursed to the | 5 | | Department of Public Health and 50% shall be disbursed to
the | 6 | | Department of Healthcare and Family Services. For fiscal year | 7 | | 1993, amounts deposited into
the Violent Crime Victims | 8 | | Assistance Fund, the Traffic and Criminal
Conviction Surcharge | 9 | | Fund, or the Drivers Education Fund shall not exceed 110%
of | 10 | | the amounts deposited into those funds in fiscal year 1991. Any
| 11 | | amount that exceeds the 110% limit shall be distributed as | 12 | | follows: 50%
shall be disbursed to the county's general | 13 | | corporate fund and 50% shall be
disbursed to the entity | 14 | | authorized by law to receive the fine imposed in
the case. Not | 15 | | later than March 1 of each year the circuit clerk
shall submit | 16 | | a report of the amount of funds remitted to the State
Treasurer | 17 | | under this Section during the preceding year based upon
| 18 | | independent verification of fines and fees. All counties shall | 19 | | be subject
to this Section, except that counties with a | 20 | | population under 2,000,000
may, by ordinance, elect not to be | 21 | | subject to this Section. For offenses
subject to this Section, | 22 | | judges shall impose one total sum of money payable
for | 23 | | violations. The circuit clerk may add on no additional amounts | 24 | | except
for amounts that are required by Sections 27.3a and | 25 | | 27.3c of
this Act, Section 16-104c of the Illinois Vehicle | 26 | | Code, and subsection (a) of Section 5-1101 of the Counties |
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| 1 | | Code, unless those amounts are specifically waived by the | 2 | | judge. With
respect to money collected by the circuit clerk as | 3 | | a result of
forfeiture of bail, ex parte judgment or guilty | 4 | | plea pursuant to Supreme
Court Rule 529, the circuit clerk | 5 | | shall first deduct and pay amounts
required by Sections 27.3a | 6 | | and 27.3c of this Act. Unless a court ordered payment schedule | 7 | | is implemented or fee requirements are waived pursuant to court | 8 | | order, the clerk of the court may add to any unpaid fees and | 9 | | costs a delinquency amount equal to 5% of the unpaid fees that | 10 | | remain unpaid after 30 days, 10% of the unpaid fees that remain | 11 | | unpaid after 60 days, and 15% of the unpaid fees that remain | 12 | | unpaid after 90 days. Notice to those parties may be made by | 13 | | signage posting or publication. The additional delinquency | 14 | | amounts collected under this Section shall be deposited in the | 15 | | Circuit Court Clerk Operation and Administrative Fund to be | 16 | | used to defray administrative costs incurred by the circuit | 17 | | clerk in performing the duties required to collect and disburse | 18 | | funds. This Section is a denial
and limitation of home rule | 19 | | powers and functions under subsection (h) of
Section 6 of | 20 | | Article VII of the Illinois Constitution.
| 21 | | (b) In addition to any other fines and court costs assessed | 22 | | by the courts,
any person convicted or receiving an order of | 23 | | supervision for driving under
the influence of alcohol or drugs | 24 | | shall pay an additional fee of $100 to the
clerk of the circuit | 25 | | court. This amount, less 2 1/2% that shall be used to
defray | 26 | | administrative costs incurred by the clerk, shall be remitted |
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| 1 | | by the
clerk to the Treasurer within 60 days after receipt for | 2 | | deposit into the Trauma
Center Fund. This additional fee of | 3 | | $100 shall not be considered a part of the
fine for purposes of | 4 | | any reduction in the fine for time served either before or
| 5 | | after sentencing. Not later than March 1 of each year the | 6 | | Circuit Clerk shall
submit a report of the amount of funds | 7 | | remitted to the State Treasurer under
this subsection during | 8 | | the preceding calendar year.
| 9 | | (b-1) In addition to any other fines and court costs | 10 | | assessed by the courts,
any person convicted or receiving an | 11 | | order of supervision for driving under the
influence of alcohol | 12 | | or drugs shall pay an additional fee of $5 to the clerk
of the | 13 | | circuit court. This amount, less
2 1/2% that shall be used to | 14 | | defray administrative costs incurred by the clerk,
shall be | 15 | | remitted by the clerk to the Treasurer within 60 days after | 16 | | receipt
for deposit into the Spinal Cord Injury Paralysis Cure | 17 | | Research Trust Fund.
This additional fee of $5 shall not
be | 18 | | considered a part of the fine for purposes of any reduction in | 19 | | the fine for
time served either before or after sentencing. Not | 20 | | later than March 1 of each
year the Circuit Clerk shall submit | 21 | | a report of the amount of funds remitted to
the State Treasurer | 22 | | under this subsection during the preceding calendar
year.
| 23 | | (c) In addition to any other fines and court costs assessed | 24 | | by the courts,
any person convicted for a violation of Sections | 25 | | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or the | 26 | | Criminal Code of 2012 or a person sentenced for a violation of |
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| 1 | | the Cannabis
Control Act, the Illinois Controlled Substances | 2 | | Act, or the Methamphetamine Control and Community Protection | 3 | | Act
shall pay an additional fee of $100 to the clerk
of the | 4 | | circuit court. This amount, less
2 1/2% that shall be used to | 5 | | defray administrative costs incurred by the clerk,
shall be | 6 | | remitted by the clerk to the Treasurer within 60 days after | 7 | | receipt
for deposit into the Trauma Center Fund. This | 8 | | additional fee of $100 shall not
be considered a part of the | 9 | | fine for purposes of any reduction in the fine for
time served | 10 | | either before or after sentencing. Not later than March 1 of | 11 | | each
year the Circuit Clerk shall submit a report of the amount | 12 | | of funds remitted to
the State Treasurer under this subsection | 13 | | during the preceding calendar year.
| 14 | | (c-1) In addition to any other fines and court costs | 15 | | assessed by the
courts, any person sentenced for a violation of | 16 | | the Cannabis Control Act,
the Illinois Controlled Substances | 17 | | Act, or the Methamphetamine Control and Community Protection | 18 | | Act shall pay an additional fee of $5 to the
clerk of the | 19 | | circuit court. This amount, less 2 1/2% that shall be used to
| 20 | | defray administrative costs incurred by the clerk, shall be | 21 | | remitted by the
clerk to the Treasurer within 60 days after | 22 | | receipt for deposit into the Spinal
Cord Injury Paralysis Cure | 23 | | Research Trust Fund. This additional fee of $5
shall not be | 24 | | considered a part of the fine for purposes of any reduction in | 25 | | the
fine for time served either before or after sentencing. Not | 26 | | later than March 1
of each year the Circuit Clerk shall submit |
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| 1 | | a report of the amount of funds
remitted to the State Treasurer | 2 | | under this subsection during the preceding
calendar year.
| 3 | | (d) The following amounts must be remitted to the State | 4 | | Treasurer 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 or 48-1 of the Criminal Code | 9 | | of
1961 or the Criminal Code of 2012;
| 10 | | (2) 20% of the amounts collected for Class A and Class | 11 | | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | 12 | | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | 13 | | for Animals Act and Section 26-5 or 48-1 of the Criminal
| 14 | | Code of 1961 or the Criminal Code of 2012; and
| 15 | | (3) 50% of the amounts collected for Class C | 16 | | misdemeanors under Sections
4.01 and 7.1 of the Humane Care | 17 | | for Animals Act and Section 26-5 or 48-1 of the
Criminal | 18 | | Code of 1961 or the Criminal Code of 2012.
| 19 | | (e) Any person who receives a disposition of court | 20 | | supervision for a violation of the Illinois Vehicle Code or a | 21 | | similar provision of a local ordinance shall, in addition to | 22 | | any other fines, fees, and court costs, pay an additional fee | 23 | | of $29, to be disbursed as provided in Section 16-104c of the | 24 | | Illinois Vehicle Code. In addition to the fee of $29, the | 25 | | person shall also pay a fee of $6, if not waived by the court. | 26 | | If this $6 fee is collected, $5.50 of the fee shall be |
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| 1 | | deposited into the Circuit Court Clerk Operation and | 2 | | Administrative Fund created by the Clerk of the Circuit Court | 3 | | and 50 cents of the fee shall be deposited into the Prisoner | 4 | | Review Board Vehicle and Equipment Fund in the State treasury.
| 5 | | (f) This Section does not apply to the additional child | 6 | | pornography fines assessed and collected under Section | 7 | | 5-9-1.14 of the Unified Code of Corrections.
| 8 | | (g) Any person convicted of or pleading guilty to a serious | 9 | | traffic violation, as defined in Section 1-187.001 of the | 10 | | Illinois Vehicle Code, shall pay an additional fee of $35, to | 11 | | be disbursed as provided in Section 16-104d of that Code. This | 12 | | subsection (g) becomes inoperative on January 1, 2020. | 13 | | (h) In all counties having a population of 3,000,000 or | 14 | | more 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) | 25 | | of Section 3-712 of the Illinois Vehicle Code, 99% shall be | 26 | | deposited into the Illinois Military Family Relief Fund and 1% |
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| 1 | | shall be deposited into the Circuit Court Clerk Operation and | 2 | | Administrative Fund created by the Clerk of the Circuit Court | 3 | | to be used to offset the costs incurred by the Circuit Court | 4 | | Clerk in performing the additional duties required to collect | 5 | | and disburse funds to entities of State and local government as | 6 | | provided by law.
| 7 | | (j) (Blank). | 8 | | (k) For any conviction or disposition of court supervision | 9 | | for a violation of Section 11-1429 of the Illinois Vehicle | 10 | | Code, the circuit clerk shall distribute the fines paid by the | 11 | | person as specified by subsection (h) of Section 11-1429 of the | 12 | | Illinois Vehicle Code. | 13 | | (l) Any person who receives a disposition of court | 14 | | supervision for a violation of Section 11-501 of the Illinois | 15 | | Vehicle Code or a similar provision of a local ordinance shall, | 16 | | in addition to any other fines, fees, and court costs, pay an | 17 | | additional fee of $50, which shall
be collected by the circuit | 18 | | clerk and then remitted to the State Treasurer for deposit as | 19 | | follows: | 20 | | (1) $5 into the Roadside Memorial Fund, a special fund | 21 | | in the State treasury. However, the court may waive the fee | 22 | | if full restitution is complied with. Subject to | 23 | | appropriation, all moneys in the Roadside Memorial Fund | 24 | | shall be used by the Department of Transportation to pay | 25 | | fees imposed under subsection (f) of Section 20 of the | 26 | | Roadside Memorial Act. The fee shall be remitted by the |
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| 1 | | circuit clerk within one month after receipt to the State | 2 | | Treasurer for deposit into the Roadside Memorial Fund. | 3 | | (2) $45 into the DUI Prevention and Education Fund. | 4 | | The court may waive the fee if full restitution is complied | 5 | | with. | 6 | | (m) Of the amounts collected as fines under subsection (c) | 7 | | of Section 411.4 of the Illinois Controlled Substances Act or | 8 | | subsection (c) of Section 90 of the Methamphetamine Control and | 9 | | Community Protection Act, 99% shall be deposited to the law | 10 | | enforcement agency or fund specified and 1% shall be deposited | 11 | | into the Circuit Court Clerk Operation and Administrative Fund | 12 | | to be used to offset the costs incurred by the Circuit Court | 13 | | Clerk in performing the additional duties required to collect | 14 | | and disburse funds to entities of State and local government as | 15 | | provided by law. | 16 | | (n) In addition to any other fines and court costs assessed | 17 | | by the courts, any person who is convicted of or pleads guilty | 18 | | to a violation of the Criminal Code of 1961 or the Criminal | 19 | | Code of 2012, or a similar provision of a local ordinance, or | 20 | | who is convicted of, pleads guilty to, or receives a | 21 | | disposition of court supervision for a violation of the | 22 | | Illinois Vehicle Code, or a similar provision of a local | 23 | | ordinance, shall pay an additional fee of $15 to the clerk of | 24 | | the circuit court. This additional fee of $15 shall not be | 25 | | considered a part of the fine for purposes of any reduction in | 26 | | the fine for time served either before or after sentencing. |
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| 1 | | This amount, less 2.5% that shall be used to defray | 2 | | administrative costs incurred by the clerk, shall be remitted | 3 | | by the clerk to the State Treasurer within 60 days after | 4 | | receipt for deposit into the State Police Merit Board Public | 5 | | Safety Fund. | 6 | | (o) The amounts collected as fines under Sections 10-9, | 7 | | 11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall | 8 | | be collected by the circuit clerk and distributed as provided | 9 | | under Section 5-9-1.21 of the Unified Code of Corrections in | 10 | | lieu of any disbursement under subsection (a) of this Section. | 11 | | (p) In addition to any other fees and penalties imposed, | 12 | | any person who is convicted of or pleads guilty to a violation | 13 | | of Section 20-1 or Section 20-1.1 of the Criminal Code of 2012 | 14 | | shall pay an additional fee of $250 to the clerk of the circuit | 15 | | court. This additional fee of $250 shall not be considered a | 16 | | part of the fine for purposes of any reduction in the fine for | 17 | | time served either before or after sentencing. This amount, | 18 | | less 2.5% that shall be used to defray administrative costs | 19 | | incurred by the clerk, shall be remitted by the clerk to the | 20 | | Department of Insurance within 60 days after receipt for | 21 | | deposit into the George Bailey Memorial Fund. | 22 | | (Source: P.A. 98-658, eff. 6-23-14; 98-1013, eff. 1-1-15; | 23 | | 99-78, eff. 7-20-15; 99-455, eff. 1-1-16.) | 24 | | Section 35. The Unified Code of Corrections is amended by | 25 | | changing Section 5-9-1.18 as follows: |
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| 1 | | (730 ILCS 5/5-9-1.18)
| 2 | | Sec. 5-9-1.18. Fee; Roadside Memorial Fund and DUI | 3 | | Prevention and Education Fund . A person who is convicted or | 4 | | receives a disposition of court supervision for a violation of
| 5 | | Section 11-501 of the Illinois Vehicle Code shall, in addition | 6 | | to any other
disposition, penalty, or fine imposed, pay a fee | 7 | | of
$50 which shall
be collected by the clerk of the court and | 8 | | then remitted to the State Treasurer for deposit as follows: | 9 | | (1) $5 into the Roadside Memorial Fund, a special fund | 10 | | that is created in the State treasury. However, the court | 11 | | may waive the fee if full restitution is complied with. | 12 | | Subject to appropriation, all moneys in the Roadside | 13 | | Memorial Fund shall be used by the Department of | 14 | | Transportation to pay fees imposed under subsection (f) of | 15 | | Section 20 of the Roadside Memorial Act. | 16 | | (2) $45 into the DUI Prevention and Education Fund. | 17 | | The court may waive the fee if full restitution is complied | 18 | | with.
| 19 | | (Source: P.A. 96-667, eff. 8-25-09; 96-1000, eff. 7-2-10.)
| 20 | | Section 95. No acceleration or delay. Where this Act makes | 21 | | changes in a statute that is represented in this Act by text | 22 | | that is not yet or no longer in effect (for example, a Section | 23 | | represented by multiple versions), the use of that text does | 24 | | not accelerate or delay the taking effect of (i) the changes |
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| 1 | | made by this Act or (ii) provisions derived from any other | 2 | | Public Act.".
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