State of Illinois
92nd General Assembly

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[ Introduced ][ Engrossed ][ House Amendment 001 ]
[ Senate Amendment 001 ]


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.; and All 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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