Full Text of HB3199 101st General Assembly
HB3199 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB3199 Introduced , by Rep. Diane Pappas SYNOPSIS AS INTRODUCED: |
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Amends the Criminal and Traffic Assessment Act. Provides that the court shall order payment of $500 for a controlled substance trafficking violation to the State Treasurer for deposit into the State Board of Education Special Purpose Trust Fund, for the purpose of a grant program administered by the Illinois State Board of Education for primary and secondary schools to apply for a grant for drug prevention and mental health services.
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| | A BILL FOR |
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| 1 | | AN ACT concerning courts.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal and Traffic Assessment Act is | 5 | | amended by changing Section 15-70 as follows: | 6 | | (705 ILCS 135/15-70) | 7 | | (This Section may contain text from a Public Act with a | 8 | | delayed effective date )
| 9 | | (Section scheduled to be repealed on January 1, 2021) | 10 | | Sec. 15-70. Conditional assessments. In addition to | 11 | | payments under one of the Schedule of Assessments 1 through 13 | 12 | | of this Act, the court shall also order payment of any of the | 13 | | following conditional assessment amounts for each sentenced | 14 | | violation in the case to which a conditional assessment is | 15 | | applicable, which shall be collected and remitted by the Clerk | 16 | | of the Circuit Court as provided in this Section: | 17 | | (1) arson, residential arson, or aggravated arson, | 18 | | $500 per conviction to the State Treasurer for deposit into | 19 | | the Fire Prevention Fund; | 20 | | (2) child pornography under Section 11-20.1 of the | 21 | | Criminal Code of 1961 or the Criminal Code of 2012, $500 | 22 | | per conviction, unless more than one agency is responsible | 23 | | for the arrest in which case the amount shall be remitted |
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| 1 | | to each unit of government equally: | 2 | | (A) if the arresting agency is an agency of a unit | 3 | | of local government, $500 to the treasurer of the unit | 4 | | of local government for deposit into the unit of local | 5 | | government's General Fund, except that if the | 6 | | Department of State Police provides digital or | 7 | | electronic forensic examination assistance, or both, | 8 | | to the arresting agency then $100 to the State | 9 | | Treasurer for deposit into the State Crime Laboratory | 10 | | Fund; or | 11 | | (B) if the arresting agency is the Department of | 12 | | State Police, $500 to the State Treasurer for deposit | 13 | | into the State Crime Laboratory Fund; | 14 | | (3)
crime laboratory drug analysis for a drug-related | 15 | | offense involving possession or delivery of cannabis or | 16 | | possession or delivery of a controlled substance as defined | 17 | | in the Cannabis Control Act, the Illinois Controlled | 18 | | Substances Act, or the Methamphetamine Control and | 19 | | Community Protection Act, $100 reimbursement for | 20 | | laboratory analysis, as set forth in subsection (f) of | 21 | | Section 5-9-1.4 of the Unified Code of Corrections; | 22 | | (4)
DNA analysis, $250 on each conviction in which it | 23 | | was used to the State Treasurer for deposit into the State | 24 | | Offender DNA Identification System Fund as set forth in | 25 | | Section 5-4-3 of the Unified Code of Corrections; | 26 | | (5)
DUI analysis, $150 on each sentenced violation in |
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| 1 | | which it was used as set forth in subsection (f) of Section | 2 | | 5-9-1.9 of the Unified Code of Corrections; | 3 | | (6) drug-related
offense involving possession or | 4 | | delivery of cannabis or possession or delivery
of a | 5 | | controlled substance, other than methamphetamine, as | 6 | | defined in the Cannabis Control Act
or the Illinois | 7 | | Controlled Substances Act, an amount not less than
the full | 8 | | street value of the cannabis or controlled substance seized | 9 | | for each conviction to be disbursed as follows: | 10 | | (A) 12.5% of the street value assessment shall be | 11 | | paid into the Youth Drug Abuse Prevention Fund, to be | 12 | | used by the Department of Human Services for the | 13 | | funding of programs and services for drug-abuse | 14 | | treatment, and prevention and education services; | 15 | | (B) 37.5% to the county in which the charge was | 16 | | prosecuted, to be deposited into the county General | 17 | | Fund; | 18 | | (C) 50% to the treasurer of the arresting law | 19 | | enforcement agency of the municipality or county, or to | 20 | | the State Treasurer if the arresting agency was a state | 21 | | agency; | 22 | | (D) if the arrest was made in combination with | 23 | | multiple law enforcement agencies, the clerk shall | 24 | | equitably allocate the portion in subparagraph (C) of | 25 | | this paragraph (6) among the law enforcement agencies | 26 | | involved in the arrest; |
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| 1 | | (6.5) Kane County or Will County, in felony, | 2 | | misdemeanor, local or county ordinance, traffic, or | 3 | | conservation cases, up to $30 as set by the county board | 4 | | under Section 5-1101.3 of the Counties Code upon the entry | 5 | | of a judgment of conviction, an order of supervision, or a | 6 | | sentence of probation without entry of judgment under | 7 | | Section 10 of the Cannabis Control Act, Section 410 of the | 8 | | Illinois Controlled Substances Act, Section 70 of the | 9 | | Methamphetamine Control and Community Protection Act, | 10 | | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of | 11 | | the Criminal Code of 1961 or the Criminal Code of 2012, | 12 | | Section 10-102 of the Illinois Alcoholism and Other Drug | 13 | | Dependency Act, or Section 10 of the Steroid Control Act; | 14 | | except in local or county ordinance, traffic, and | 15 | | conservation cases, if fines are paid in full without a | 16 | | court appearance, then the assessment shall not be imposed | 17 | | or collected. Distribution of assessments collected under | 18 | | this paragraph (6.5) shall be as provided in Section | 19 | | 5-1101.3 of the Counties Code; | 20 | | (7) methamphetamine-related
offense involving | 21 | | possession or delivery of methamphetamine or any salt of an | 22 | | optical isomer of methamphetamine or possession of a | 23 | | methamphetamine manufacturing material as set forth in | 24 | | Section 10 of the Methamphetamine Control and Community | 25 | | Protection Act with the intent to manufacture a substance | 26 | | containing methamphetamine or salt of an optical isomer of |
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| 1 | | methamphetamine, an amount not less than
the full street | 2 | | value of the methamphetamine or salt of an optical isomer | 3 | | of methamphetamine or methamphetamine manufacturing | 4 | | materials seized for each conviction to be disbursed as | 5 | | follows: | 6 | | (A) 12.5% of the street value assessment shall be | 7 | | paid into the Youth Drug Abuse Prevention Fund, to be | 8 | | used by the Department of Human Services for the | 9 | | funding of programs and services for drug-abuse | 10 | | treatment, and prevention and education services; | 11 | | (B) 37.5% to the county in which the charge was | 12 | | prosecuted, to be deposited into the county General | 13 | | Fund; | 14 | | (C) 50% to the treasurer of the arresting law | 15 | | enforcement agency of the municipality or county, or to | 16 | | the State Treasurer if the arresting agency was a state | 17 | | agency; | 18 | | (D) if the arrest was made in combination with | 19 | | multiple law enforcement agencies, the clerk shall | 20 | | equitably allocate the portion in subparagraph (C) of | 21 | | this paragraph (6) among the law enforcement agencies | 22 | | involved in the arrest; | 23 | | (7.5) controlled substance trafficking violation under | 24 | | Section 401.1 of the Illinois Controlled Substances Act, | 25 | | $500 to the State Treasurer, for deposit into the State | 26 | | Board of Education Special Purpose Trust Fund, for the |
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| 1 | | purpose of a grant program administered by the Illinois | 2 | | State Board of Education for primary and secondary schools | 3 | | to apply for a grant for drug prevention and mental health | 4 | | services; | 5 | | (8)
order of protection violation under Section 12-3.4 | 6 | | of the Criminal Code of 2012, $200 for each conviction to | 7 | | the county treasurer for deposit into the Probation and | 8 | | Court Services Fund for implementation of a domestic | 9 | | violence surveillance program and any other assessments or | 10 | | fees imposed under Section 5-9-1.16 of the Unified Code of | 11 | | Corrections; | 12 | | (9)
order of protection violation, $25 for each | 13 | | violation to the State Treasurer, for deposit into the | 14 | | Domestic Violence Abuser Services Fund; | 15 | | (10)
prosecution by the State's Attorney of a: | 16 | | (A) petty or business offense, $4 to the county | 17 | | treasurer of which $2 deposited into the State's | 18 | | Attorney Records Automation Fund and $2 into the Public | 19 | | Defender Records Automation Fund; | 20 | | (B) conservation or traffic offense, $2 to the | 21 | | county treasurer for deposit into the State's Attorney | 22 | | Records Automation Fund; | 23 | | (11) speeding in a construction zone violation, $250 to | 24 | | the State Treasurer for deposit into the Transportation | 25 | | Safety Highway Hire-back Fund, unless (i) the violation | 26 | | occurred on a highway other than an interstate highway and |
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| 1 | | (ii) a county police officer wrote the ticket for the | 2 | | violation, in which case to the county treasurer for | 3 | | deposit into that county's Transportation Safety Highway | 4 | | Hire-back Fund; | 5 | | (12) supervision disposition on an offense under the | 6 | | Illinois Vehicle Code or similar provision of a local | 7 | | ordinance, 50 cents, unless waived by the court, into the | 8 | | Prisoner Review Board Vehicle and Equipment Fund; | 9 | | (13) victim and offender are family or household | 10 | | members as defined in Section 103 of the Illinois Domestic | 11 | | Violence Act of 1986 and offender pleads guilty
or no | 12 | | contest to or is convicted of murder, voluntary | 13 | | manslaughter,
involuntary manslaughter, burglary, | 14 | | residential burglary, criminal trespass
to residence, | 15 | | criminal trespass to vehicle, criminal trespass to land,
| 16 | | criminal damage to property, telephone harassment, | 17 | | kidnapping, aggravated
kidnaping, unlawful restraint, | 18 | | forcible detention, child abduction,
indecent solicitation | 19 | | of a child, sexual relations between siblings,
| 20 | | exploitation of a child, child pornography, assault, | 21 | | aggravated assault,
battery, aggravated battery, heinous | 22 | | battery, aggravated battery of a
child, domestic battery, | 23 | | reckless conduct, intimidation, criminal sexual
assault, | 24 | | predatory criminal sexual assault of a child, aggravated | 25 | | criminal
sexual assault, criminal sexual abuse,
aggravated | 26 | | criminal sexual abuse, violation of an order of protection,
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| 1 | | disorderly conduct, endangering the life or health of a | 2 | | child, child
abandonment, contributing to dependency or | 3 | | neglect of child, or cruelty to
children and others, $200 | 4 | | for each sentenced violation to the State Treasurer
for | 5 | | deposit as follows: (i) for sexual assault, as defined in | 6 | | Section 5-9-1.7 of the Unified Code of Corrections, when
| 7 | | the offender and victim are family members, one-half to the | 8 | | Domestic Violence
Shelter and Service Fund, and one-half to | 9 | | the Sexual Assault Services Fund;
(ii) for the remaining | 10 | | offenses to the Domestic Violence Shelter and Service
Fund; | 11 | | (14)
violation of Section 11-501 of the Illinois | 12 | | Vehicle Code, Section 5-7 of the Snowmobile Registration | 13 | | and Safety Act, Section 5-16 of the Boat Registration and | 14 | | Safety Act, or a similar provision, whose operation of a | 15 | | motor vehicle, snowmobile, or watercraft while in | 16 | | violation of Section 11-501, Section 5-7 of the Snowmobile | 17 | | Registration and Safety Act, Section 5-16 of the Boat | 18 | | Registration and Safety Act, or a similar provision | 19 | | proximately caused an incident resulting in an appropriate | 20 | | emergency response, $1,000 maximum to the public agency | 21 | | that provided an emergency response related to the person's | 22 | | violation, and if more than one
agency responded, the | 23 | | amount payable to public agencies shall be shared equally; | 24 | | (15)
violation of Section 401, 407, or 407.2 of the | 25 | | Illinois Controlled Substances Act that proximately caused | 26 | | any incident resulting in an appropriate drug-related |
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| 1 | | emergency response, $1,000 as reimbursement for the | 2 | | emergency response to the law enforcement agency that
made | 3 | | the arrest, and if more than one
agency is responsible for | 4 | | the arrest, the amount payable to law
enforcement agencies | 5 | | shall be shared equally; | 6 | | (16)
violation of reckless driving, aggravated | 7 | | reckless driving, or driving 26 miles per hour or more in | 8 | | excess of the speed limit that triggered an emergency | 9 | | response, $1,000 maximum reimbursement for the emergency | 10 | | response to be distributed in its entirety to a public | 11 | | agency that provided an emergency response related to the | 12 | | person's violation, and if more than one
agency responded, | 13 | | the amount payable to public agencies shall be shared | 14 | | equally; | 15 | | (17) violation based upon each plea of guilty, | 16 | | stipulation of facts, or finding of guilt resulting in a | 17 | | judgment of conviction or order of supervision for an | 18 | | offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of | 19 | | the Criminal Code of 2012 that results in the imposition of | 20 | | a fine, to be distributed as follows:
| 21 | | (A) $50 to the county treasurer for deposit into | 22 | | the Circuit Court Clerk Operation and Administrative | 23 | | Fund to cover the costs in administering this paragraph | 24 | | (17);
| 25 | | (B) $300 to the State Treasurer who shall deposit | 26 | | the portion as follows:
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| 1 | | (i) if the arresting or investigating agency | 2 | | is the Department of State
Police, into the State | 3 | | Police Law Enforcement Administration Fund;
| 4 | | (ii) if the arresting or investigating agency | 5 | | is the Department of
Natural Resources, into the | 6 | | Conservation Police Operations Assistance Fund;
| 7 | | (iii) if the arresting or investigating agency | 8 | | is the Secretary of State,
into the Secretary of | 9 | | State Police Services Fund;
| 10 | | (iv) if the arresting or investigating agency | 11 | | is the Illinois Commerce
Commission, into the | 12 | | Public Utility Fund; or
| 13 | | (v) if more than one of the State agencies in | 14 | | this subparagraph (B) is the arresting or | 15 | | investigating agency, then equal shares with the | 16 | | shares deposited as provided in the applicable | 17 | | items (i) through (iv) of this subparagraph (B); | 18 | | and | 19 | | (C) the remainder for deposit into the Specialized | 20 | | Services for Survivors of Human Trafficking Fund; and
| 21 | | (18) weapons violation under Section 24-1.1, 24-1.2, | 22 | | or 24-1.5 of the Criminal Code of 1961 or the Criminal Code | 23 | | of 2012, $100 for each conviction to the State Treasurer | 24 | | for deposit into the Trauma Center Fund.
| 25 | | (Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.)
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