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|[ Introduced ]||[ Engrossed ]||[ House Amendment 001 ]|
|[ Senate Amendment 001 ]|
92_HB5794enr HB5794 Enrolled LRB9216073RCcd 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Unified Code of Corrections is amended 5 by changing Section 5-9-1.2 as follows: 6 (730 ILCS 5/5-9-1.2) (from Ch. 38, par. 1005-9-1.2) 7 Sec. 5-9-1.2. (a) Twelve and one-half percent of all 8 amounts collected as fines pursuant to Section 5-9-1.1 shall 9 be paid into the Youth Drug Abuse Prevention Fund, which is 10 hereby created in the State treasury, to be used by the 11 Department of Human Services for the funding of programs and 12 services for drug-abuse treatment, and prevention and 13 education services, for juveniles. 14 (b) Eighty-seven and one-half percent of the proceeds of 15 all fines received pursuant to Section 5-9-1.1 shall be 16 transmitted to and deposited in the treasurer's office at the 17 level of government as follows: 18 (1) If such seizure was made by a combination of 19 law enforcement personnel representing differing units of 20 local government, the court levying the fine shall 21 equitably allocate 50% of the fine among these units of 22 local government and shall allocate 37 1/2% to the county 23 general corporate fund. In the event that the seizure was 24 made by law enforcement personnel representing a unit of 25 local government from a municipality where the number of 26 inhabitants exceeds 2 million in population, the court 27 levying the fine shall allocate 87 1/2% of the fine to 28 that unit of local government. If the seizure was made 29 by a combination of law enforcement personnel 30 representing differing units of local government, and at 31 least one of those units represents a municipality where HB5794 Enrolled -2- LRB9216073RCcd 1 the number of inhabitants exceeds 2 million in 2 population, the court shall equitably allocate 87 1/2% of 3 the proceeds of the fines received among the differing 4 units of local government. 5 (2) If such seizure was made by State law 6 enforcement personnel, then the court shall allocate 37 7 1/2% to the State treasury and 50% to the county general 8 corporate fund. 9 (3) If a State law enforcement agency in 10 combination with a law enforcement agency or agencies of 11 a unit or units of local government conducted the 12 seizure, the court shall equitably allocate 37 1/2% of 13 the fines to or among the law enforcement agency or 14 agencies of the unit or units of local government which 15 conducted the seizure and shall allocate 50% to the 16 county general corporate fund. 17 (c) The proceeds of all fines allocated to the law 18 enforcement agency or agencies of the unit or units of local 19 government pursuant to subsection (b) shall be made available 20 to that law enforcement agency as expendable receipts for use 21 in the enforcement of laws regulating controlled substances 22 and cannabis. The proceeds of fines awarded to the State 23 treasury shall be deposited in a special fund known as the 24 Drug Traffic Prevention Fund. Monies from this fund may be 25 used by the Department of State Police for use in the 26 enforcement of laws regulating controlled substances and 27 cannabis; to satisfy funding provisions of the 28 Intergovernmental Drug Laws Enforcement Act; and to defray 29 costs and expenses associated with returning violators of the 30 Cannabis Control Act and the Illinois Controlled Substances 31 Act only, as provided in those Acts, when punishment of the 32 crime shall be confinement of the criminal in the 33 penitentiary. Moneys in the Drug Traffic Prevention Fund 34 deposited from fines awarded as a direct result of HB5794 Enrolled -3- LRB9216073RCcd 1 enforcement efforts of the Illinois Conservation Police may 2 be used by the Department of Natural Resources Office of Law 3 Enforcement for use in enforcing laws regulating controlled 4 substances and cannabis on Department of Natural Resources 5 regulated lands and waterways.
; andAll other monies shall be 6 paid into the general revenue fund in the State treasury. 7 (Source: P.A. 89-507, eff. 7-1-97.) 8 Section 99. Effective date. This Act takes effect July 9 1, 2002.
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