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92_HB2098eng HB2098 Engrossed LRB9205726DHmb 1 AN ACT regarding vehicles. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The State Finance Act is amended by adding 5 Section 5.545 as follows: 6 (30 ILCS 105/5.545 new) 7 Sec. 5.545. The Seat Belt Compliance Program Fund. 8 Section 10. The Illinois Vehicle Code is amended by 9 changing Section 12-603.1 as follows: 10 (625 ILCS 5/12-603.1) (from Ch. 95 1/2, par. 12-603.1) 11 Sec. 12-603.1. Driver and passenger required to use 12 safety belts, exceptions and penalty. 13 (a) Each driver and front seat passenger of a motor 14 vehicle operated on a street or highway in this State shall 15 wear a properly adjusted and fastened seat safety belt; 16 except that, a child less than 6 years of age shall be 17 protected as required pursuant to the Child Passenger 18 Protection Act. Each driver under the age of 18 years and 19 each of the driver's passengers under the age of 18 years of 20 a motor vehicle operated on a street or highway in this State 21 shall wear a properly adjusted and fastened seat safety belt. 22 Each driver of a motor vehicle transporting a child 6 years 23 of age or more, but less than 16 years of age, in the front 24 seat of the motor vehicle shall secure the child in a 25 properly adjusted and fastened seat safety belt. 26 (b) Paragraph (a) shall not apply to any of the 27 following: 28 1. A driver or passenger frequently stopping and 29 leaving the vehicle or delivering property from the HB2098 Engrossed -2- LRB9205726DHmb 1 vehicle, if the speed of the vehicle between stops does 2 not exceed 15 miles per hour. 3 2. A driver or passenger possessing a written 4 statement from a physician that such person is unable, 5 for medical or physical reasons, to wear a seat safety 6 belt. 7 3. A driver or passenger possessing an official 8 certificate or license endorsement issued by the 9 appropriate agency in another state or country indicating 10 that the driver is unable for medical, physical, or other 11 valid reasons to wear a seat safety belt. 12 4. A driver operating a motor vehicle in reverse. 13 5. A motor vehicle with a model year prior to 1965. 14 6. A motorcycle or motor driven cycle. 15 7. A motorized pedalcycle. 16 8. A motor vehicle which is not required to be 17 equipped with seat safety belts under federal law. 18 9. A motor vehicle operated by a rural letter 19 carrier of the United States postal service while 20 performing duties as a rural letter carrier. 21 (c) Failure to wear a seat safety belt in violation of 22 this Section shall not be considered evidence of negligence, 23 shall not limit the liability of an insurer, and shall not 24 diminish any recovery for damages arising out of the 25 ownership, maintenance, or operation of a motor vehicle. 26 (d) A violation of this Section shall be a petty offense 27 and subject to a fine not to exceed $25. In addition to the 28 fine and any other financial assessments or penalties, a $5 29 surcharge shall be imposed for a violation of this Section. 30 The $5 surcharge shall be collected by the circuit clerk and 31 disbursed in the manner provided in Section 5-9-1.12 of the 32 Unified Code of Corrections. 33 (e) No motor vehicle, or driver or passenger of such 34 vehicle, shall be stopped or searched by any law enforcement HB2098 Engrossed -3- LRB9205726DHmb 1 officer solely on the basis of a violation or suspected 2 violation of this Section. 3 (Source: P.A. 90-369, eff. 1-1-98.) 4 Section 15. The Clerks of Courts Act is amended by 5 changing Section 27.5 as follows: 6 (705 ILCS 105/27.5) (from Ch. 25, par. 27.5) 7 Sec. 27.5. All fees, fines, costs, additional penalties, 8 bail balances assessed or forfeited, and any other amount 9 paid by a person to the circuit clerk that equals an amount 10 less than $55, except the $5 surcharge on the fine imposed 11 for a violation of Section 12-603.1 of the Illinois Vehicle 12 Code or a similar provision of a local ordinance and except 13 restitution under Section 5-5-6 of the Unified Code of 14 Corrections, reimbursement for the costs of an emergency 15 response as provided under Section 5-5-3 of the Unified Code 16 of Corrections, any fees collected for attending a traffic 17 safety program under paragraph (c) of Supreme Court Rule 529, 18 any fee collected on behalf of a State's Attorney under 19 Section 4-2002 of the Counties Code or a sheriff under 20 Section 4-5001 of the Counties Code, or any cost imposed 21 under Section 124A-5 of the Code of Criminal Procedure of 22 1963, for convictions, orders of supervision, or any other 23 disposition for a violation of Chapters 3, 4, 6, 11, and 12 24 of the Illinois Vehicle Code, or a similar provision of a 25 local ordinance, and any violation of the Child Passenger 26 Protection Act, or a similar provision of a local ordinance, 27 shall be disbursed within 60 days after receipt by the 28 circuit clerk as follows: 47% shall be disbursed to the 29 entity authorized by law to receive the fine imposed in the 30 case; 12% shall be disbursed to the State Treasurer; and 41% 31 shall be disbursed to the county's general corporate fund. Of 32 the 12% disbursed to the State Treasurer, 1/6 shall be HB2098 Engrossed -4- LRB9205726DHmb 1 deposited by the State Treasurer into the Violent Crime 2 Victims Assistance Fund, 1/2 shall be deposited into the 3 Traffic and Criminal Conviction Surcharge Fund, and 1/3 shall 4 be deposited into the Drivers Education Fund. For fiscal 5 years 1992 and 1993, amounts deposited into the Violent Crime 6 Victims Assistance Fund, the Traffic and Criminal Conviction 7 Surcharge Fund, or the Drivers Education Fund shall not 8 exceed 110% of the amounts deposited into those funds in 9 fiscal year 1991. Any amount that exceeds the 110% limit 10 shall be distributed as follows: 50% shall be disbursed to 11 the county's general corporate fund and 50% shall be 12 disbursed to the entity authorized by law to receive the fine 13 imposed in the case. Not later than March 1 of each year the 14 circuit clerk shall submit a report of the amount of funds 15 remitted to the State Treasurer under this Section during the 16 preceding year based upon independent verification of fines 17 and fees. All counties shall be subject to this Section, 18 except that counties with a population under 2,000,000 may, 19 by ordinance, elect not to be subject to this Section. For 20 offenses subject to this Section, judges shall impose one 21 total sum of money payable for violations. The circuit clerk 22 may add on no additional amounts except for amounts that are 23 required by Sections 27.3a and 27.3c of this Act, unless 24 those amounts are specifically waived by the judge. With 25 respect to money collected by the circuit clerk as a result 26 of forfeiture of bail, ex parte judgment or guilty plea 27 pursuant to Supreme Court Rule 529, the circuit clerk shall 28 first deduct and pay amounts required by Sections 27.3a and 29 27.3c of this Act. This Section is a denial and limitation of 30 home rule powers and functions under subsection (h) of 31 Section 6 of Article VII of the Illinois Constitution. 32 (Source: P.A. 89-234, eff. 1-1-96.) 33 Section 20. The Unified Code of Corrections is amended HB2098 Engrossed -5- LRB9205726DHmb 1 by changing Section 5-9-1 and adding Section 5-9-1.12 as 2 follows: 3 (730 ILCS 5/5-9-1) (from Ch. 38, par. 1005-9-1) 4 Sec. 5-9-1. Authorized fines. 5 (a) An offender may be sentenced to pay a fine which 6 shall not exceed for each offense: 7 (1) for a felony, $25,000 or the amount specified 8 in the offense, whichever is greater, or where the 9 offender is a corporation, $50,000 or the amount 10 specified in the offense, whichever is greater; 11 (2) for a Class A misdemeanor, $2,500 or the amount 12 specified in the offense, whichever is greater; 13 (3) for a Class B or Class C misdemeanor, $1,500; 14 (4) for a petty offense, $1,000 or the amount 15 specified in the offense, whichever is less; 16 (5) for a business offense, the amount specified in 17 the statute defining that offense. 18 (b) A fine may be imposed in addition to a sentence of 19 conditional discharge, probation, periodic imprisonment, or 20 imprisonment. 21 (c) There shall be added to every fine imposed in 22 sentencing for a criminal or traffic offense, except an 23 offense relating to parking or registration, or offense by a 24 pedestrian, an additional penalty of $5 for each $40, or 25 fraction thereof, of fine imposed. The additional penalty of 26 $5 for each $40, or fraction thereof, of fine imposed, if not 27 otherwise assessed, shall also be added to every fine imposed 28 upon a plea of guilty, stipulation of facts or findings of 29 guilty, resulting in a judgment of conviction, or order of 30 supervision in criminal, traffic, local ordinance, county 31 ordinance, and conservation cases (except parking, 32 registration, or pedestrian violations), or upon a sentence 33 of probation without entry of judgment under Section 10 of HB2098 Engrossed -6- LRB9205726DHmb 1 the Cannabis Control Act or Section 410 of the Controlled 2 Substances Act. 3 Such additional amounts shall be assessed by the court 4 imposing the fine and shall be collected by the Circuit Clerk 5 in addition to the fine and costs in the case. Each such 6 additional penalty shall be remitted by the Circuit Clerk 7 within one month after receipt to the State Treasurer. The 8 State Treasurer shall deposit $1 for each $40, or fraction 9 thereof, of fine imposed into the LEADS Maintenance Fund. 10 The remaining surcharge amount shall be deposited into the 11 Traffic and Criminal Conviction Surcharge Fund, unless the 12 fine, costs or additional amounts are subject to disbursement 13 by the circuit clerk under Section 27.5 of the Clerks of 14 Courts Act. Such additional penalty shall not be considered 15 a part of the fine for purposes of any reduction in the fine 16 for time served either before or after sentencing. Not 17 later than March 1 of each year the Circuit Clerk shall 18 submit a report of the amount of funds remitted to the State 19 Treasurer under this subsection (c) during the preceding 20 calendar year. Except as otherwise provided by Supreme Court 21 Rules, if a court in imposing a fine against an offender 22 levies a gross amount for fine, costs, fees and penalties, 23 the amount of the additional penalty provided for herein 24 shall be computed on the amount remaining after deducting 25 from the gross amount levied all fees of the Circuit Clerk, 26 the State's Attorney and the Sheriff. After deducting from 27 the gross amount levied the fees and additional penalty 28 provided for herein, less any other additional penalties 29 provided by law, the clerk shall remit the net balance 30 remaining to the entity authorized by law to receive the fine 31 imposed in the case. For purposes of this Section "fees of 32 the Circuit Clerk" shall include, if applicable, the fee 33 provided for under Section 27.3a of the Clerks of Courts Act 34 and the fee, if applicable, payable to the county in which HB2098 Engrossed -7- LRB9205726DHmb 1 the violation occurred pursuant to Section 5-1101 of the 2 Counties Code. 3 (c-5) In addition to the fines imposed by subsection 4 (c), any person convicted or receiving an order of 5 supervision for driving under the influence of alcohol or 6 drugs shall pay an additional $25 fee to the clerk. This 7 additional fee, less 2 1/2% that shall be used to defray 8 administrative costs incurred by the clerk, shall be remitted 9 by the clerk to the Treasurer within 60 days after receipt 10 for deposit into the Trauma Center Fund. This additional fee 11 of $25 shall not be considered a part of the fine for 12 purposes of any reduction in the fine for time served either 13 before or after sentencing. Not later than March 1 of each 14 year the Circuit Clerk shall submit a report of the amount of 15 funds remitted to the State Treasurer under this subsection 16 (c-5) during the preceding calendar year. 17 The Circuit Clerk may accept payment of fines and costs 18 by credit card from an offender who has been convicted of a 19 traffic offense, petty offense or misdemeanor and may charge 20 the service fee permitted where fines and costs are paid by 21 credit card provided for in Section 27.3b of the Clerks of 22 Courts Act. 23 (d) In determining the amount and method of payment of a 24 fine, except for those fines established for violations of 25 Chapter 15 of the Illinois Vehicle Code, the court shall 26 consider: 27 (1) the financial resources and future ability of 28 the offender to pay the fine; and 29 (2) whether the fine will prevent the offender from 30 making court ordered restitution or reparation to the 31 victim of the offense; and 32 (3) in a case where the accused is a dissolved 33 corporation and the court has appointed counsel to 34 represent the corporation, the costs incurred either by HB2098 Engrossed -8- LRB9205726DHmb 1 the county or the State for such representation. 2 (e) The court may order the fine to be paid forthwith or 3 within a specified period of time or in installments. 4 (f) All fines, costs and additional amounts imposed 5 under this Section for any violation of Chapters 3, 4, 6, and 6 11 of the Illinois Vehicle Code, or a similar provision of a 7 local ordinance, and any violation of the Child Passenger 8 Protection Act, or a similar provision of a local ordinance, 9 shall be collected and disbursed by the circuit clerk as 10 provided under Section 27.5 of the Clerks of Courts Act. 11 (g) For a fine imposed for a violation of Section 12 12-603.1 of the Illinois Vehicle Code or a similar provision 13 of a local ordinance, the $5 surcharge on that fine shall be 14 collected and disbursed by the circuit clerk as provided in 15 Section 5-9-1.12 of this Code. 16 (Source: P.A. 89-105, eff. 1-1-96; 90-130, eff. 1-1-98; 17 90-384, eff. 1-1-98; 90-655, eff. 7-30-98.) 18 (730 ILCS 5/5-9-1.12 new) 19 Sec. 5-9-1.12. The Seat Belt Compliance Program Fund. 20 (a) The $5 surcharge added to each fine imposed for a 21 violation of Section 12-603.1 of the Illinois Vehicle Code or 22 a similar provision of a local ordinance shall be remitted by 23 the circuit clerk within one month after receipt to the State 24 Treasurer for deposit into the Seat Belt Compliance Program 25 Fund. The circuit clerk shall retain 10% of this amount to 26 cover the costs incurred in administering and enforcing this 27 Section. Not later than March 1 of each year, the circuit 28 clerk shall submit to the State Comptroller a report of the 29 amount of funds remitted by him or her to the State Treasurer 30 under this Section during the preceding calendar year. 31 (b) There is created the Seat Belt Compliance Program 32 Fund in the State treasury. Subject to appropriation, moneys 33 deposited into the Fund under this Section must be used by HB2098 Engrossed -9- LRB9205726DHmb 1 the Department of State Police for the Seat Belt Compliance 2 Program or by the Department of State Police for grants to 3 other State, county, or municipal law enforcement agencies 4 for seat belt compliance programs established to increase 5 seat safety belt compliance by high school students, 6 including but not limited to the Operation Cool Program.