Public Act 103-0730
 
HB4848 EnrolledLRB103 37935 MXP 68067 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by 
changing Section 15-109.1 as follows:
 
    (625 ILCS 5/15-109.1)  (from Ch. 95 1/2, par. 15-109.1)
    Sec. 15-109.1. Covers or tarpaulins required for certain 
loads. 
    (a) No person shall operate or cause to be operated, on a 
highway, any second division vehicle loaded with dirt, 
aggregate, garbage, refuse, or other similar material, when 
any portion of the load is falling, sifting, blowing, dropping 
or in any way escaping from the vehicle.
    (b) No person shall operate or cause to be operated, on a 
highway, any second division vehicle having a gross vehicle 
weight rating of 8,000 pounds or more loaded with dirt, 
aggregate, garbage, refuse, or other similar material in or on 
any part of the vehicle other than in the cargo area. In 
addition, no person shall operate on any highway, such vehicle 
unless the tailgate on the vehicle is in good repair and 
operating condition and closes securely so as to prevent any 
load, residue, or other material from escaping.
    (c) This Section shall not apply to the operation of 
highway maintenance vehicles engaged in removing snow and ice 
from the roadway, nor to implements of husbandry or other farm 
vehicles while transporting agricultural products to or from 
the original place of production.
    (d) For the purpose of this Section "aggregate" shall 
include all ores, minerals, sand, gravel, shale, coal, clay, 
limestone or any other ore or mineral which may be mined.
    (e) Notwithstanding any other penalty, whenever a police 
officer determines that the operator of a vehicle is in 
violation of this Section, as evidenced by the issuance of a 
citation for a violation of Section 15-109.1 of this Code, or 
where a police officer determines that a dangerous condition 
exists whereby any portion of the load may fall, sift, blow, 
drop, or in any way escape or fall from the vehicle, the police 
officer shall require the operator to stop the vehicle in a 
suitable place and keep such vehicle stationary until the load 
has either been reduced, secured, or covered with a cover or 
tarpaulin of sufficient size to prevent any further violation 
of this Section.
    (f) No person shall operate or cause to be operated, on a 
highway, a commercial motor vehicle, with the exception of a 
highway maintenance vehicle, transporting garbage or refuse 
unless the tailgate on the vehicle is in good working repair, 
good operating condition, and closes securely, with a cover or 
tarpaulin of sufficient size attached, so as to prevent any 
load, residue, or other material from escaping. 
    (g) Any violation of the provisions of this Section shall 
be a petty offense punishable by a fine not to exceed $150 
$250. In addition, a person, firm, or corporation convicted of 
4 or more violations of subsection (f) within a 12-month 
period shall be fined an additional amount of $150 for the 
fourth and each subsequent conviction within the 12-month 
period. Regarding a firm or corporation, a fourth or 
subsequent conviction means a fourth or subsequent conviction 
attributable to one employee-driver. 
(Source: P.A. 91-858, eff. 1-1-01.)
 
    Section 10. The Criminal and Traffic Assessment Act is 
amended by changing Section 15-70 as follows:
 
    (705 ILCS 135/15-70)
    Sec. 15-70. Conditional assessments. In addition to 
payments under one of the Schedule of Assessments 1 through 13 
of this Act, the court shall also order payment of any of the 
following conditional assessment amounts for each sentenced 
violation in the case to which a conditional assessment is 
applicable, which shall be collected and remitted by the Clerk 
of the Circuit Court as provided in this Section:
        (1) arson, residential arson, or aggravated arson, 
    $500 per conviction to the State Treasurer for deposit 
    into the Fire Prevention Fund;
        (2) child pornography under Section 11-20.1 of the 
    Criminal Code of 1961 or the Criminal Code of 2012, $500 
    per conviction, unless more than one agency is responsible 
    for the arrest in which case the amount shall be remitted 
    to each unit of government equally:
            (A) if the arresting agency is an agency of a unit 
        of local government, $500 to the treasurer of the unit 
        of local government for deposit into the unit of local 
        government's General Fund, except that if the Illinois 
        State Police provides digital or electronic forensic 
        examination assistance, or both, to the arresting 
        agency then $100 to the State Treasurer for deposit 
        into the State Crime Laboratory Fund; or
            (B) if the arresting agency is the Illinois State 
        Police, $500 to the State Treasurer for deposit into 
        the State Crime Laboratory Fund;
        (3) crime laboratory drug analysis for a drug-related 
    offense involving possession or delivery of cannabis or 
    possession or delivery of a controlled substance as 
    defined in the Cannabis Control Act, the Illinois 
    Controlled Substances Act, or the Methamphetamine Control 
    and Community Protection Act, $100 reimbursement for 
    laboratory analysis, as set forth in subsection (f) of 
    Section 5-9-1.4 of the Unified Code of Corrections;
        (4) DNA analysis, $250 on each conviction in which it 
    was used to the State Treasurer for deposit into the State 
    Crime Laboratory Fund as set forth in Section 5-9-1.4 of 
    the Unified Code of Corrections;
        (5) DUI analysis, $150 on each sentenced violation in 
    which it was used as set forth in subsection (f) of Section 
    5-9-1.9 of the Unified Code of Corrections;
        (6) drug-related offense involving possession or 
    delivery of cannabis or possession or delivery of a 
    controlled substance, other than methamphetamine, as 
    defined in the Cannabis Control Act or the Illinois 
    Controlled Substances Act, an amount not less than the 
    full street value of the cannabis or controlled substance 
    seized for each conviction to be disbursed as follows:
            (A) 12.5% of the street value assessment shall be 
        paid into the Youth Drug Abuse Prevention Fund, to be 
        used by the Department of Human Services for the 
        funding of programs and services for drug-abuse 
        treatment, and prevention and education services;
            (B) 37.5% to the county in which the charge was 
        prosecuted, to be deposited into the county General 
        Fund;
            (C) 50% to the treasurer of the arresting law 
        enforcement agency of the municipality or county, or 
        to the State Treasurer if the arresting agency was a 
        state agency, to be deposited as provided in 
        subsection (c) of Section 10-5;
            (D) if the arrest was made in combination with 
        multiple law enforcement agencies, the clerk shall 
        equitably allocate the portion in subparagraph (C) of 
        this paragraph (6) among the law enforcement agencies 
        involved in the arrest;
        (6.5) Kane County or Will County, in felony, 
    misdemeanor, local or county ordinance, traffic, or 
    conservation cases, up to $30 as set by the county board 
    under Section 5-1101.3 of the Counties Code upon the entry 
    of a judgment of conviction, an order of supervision, or a 
    sentence of probation without entry of judgment under 
    Section 10 of the Cannabis Control Act, Section 410 of the 
    Illinois Controlled Substances Act, Section 70 of the 
    Methamphetamine Control and Community Protection Act, 
    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of 
    the Criminal Code of 1961 or the Criminal Code of 2012, 
    Section 10-102 of the Illinois Alcoholism and Other Drug 
    Dependency Act, or Section 10 of the Steroid Control Act; 
    except in local or county ordinance, traffic, and 
    conservation cases, if fines are paid in full without a 
    court appearance, then the assessment shall not be imposed 
    or collected. Distribution of assessments collected under 
    this paragraph (6.5) shall be as provided in Section 
    5-1101.3 of the Counties Code;
        (7) methamphetamine-related offense involving 
    possession or delivery of methamphetamine or any salt of 
    an optical isomer of methamphetamine or possession of a 
    methamphetamine manufacturing material as set forth in 
    Section 10 of the Methamphetamine Control and Community 
    Protection Act with the intent to manufacture a substance 
    containing methamphetamine or salt of an optical isomer of 
    methamphetamine, an amount not less than the full street 
    value of the methamphetamine or salt of an optical isomer 
    of methamphetamine or methamphetamine manufacturing 
    materials seized for each conviction to be disbursed as 
    follows:
            (A) 12.5% of the street value assessment shall be 
        paid into the Youth Drug Abuse Prevention Fund, to be 
        used by the Department of Human Services for the 
        funding of programs and services for drug-abuse 
        treatment, and prevention and education services;
            (B) 37.5% to the county in which the charge was 
        prosecuted, to be deposited into the county General 
        Fund;
            (C) 50% to the treasurer of the arresting law 
        enforcement agency of the municipality or county, or 
        to the State Treasurer if the arresting agency was a 
        state agency, to be deposited as provided in 
        subsection (c) of Section 10-5;
            (D) if the arrest was made in combination with 
        multiple law enforcement agencies, the clerk shall 
        equitably allocate the portion in subparagraph (C) of 
        this paragraph (6) among the law enforcement agencies 
        involved in the arrest;
        (8) order of protection violation under Section 12-3.4 
    of the Criminal Code of 2012, $200 for each conviction to 
    the county treasurer for deposit into the Probation and 
    Court Services Fund for implementation of a domestic 
    violence surveillance program and any other assessments or 
    fees imposed under Section 5-9-1.16 of the Unified Code of 
    Corrections;
        (9) order of protection violation, $25 for each 
    violation to the State Treasurer, for deposit into the 
    Domestic Violence Abuser Services Fund;
        (10) prosecution by the State's Attorney of a:
            (A) petty or business offense, $4 to the county 
        treasurer of which $2 deposited into the State's 
        Attorney Records Automation Fund and $2 into the 
        Public Defender Records Automation Fund;
            (B) conservation or traffic offense, $2 to the 
        county treasurer for deposit into the State's Attorney 
        Records Automation Fund;
        (11) speeding in a construction zone violation, $250 
    to the State Treasurer for deposit into the Transportation 
    Safety Highway Hire-back Fund, unless (i) the violation 
    occurred on a highway other than an interstate highway and 
    (ii) a county police officer wrote the ticket for the 
    violation, in which case to the county treasurer for 
    deposit into that county's Transportation Safety Highway 
    Hire-back Fund;
        (12) supervision disposition on an offense under the 
    Illinois Vehicle Code or similar provision of a local 
    ordinance, 50 cents, unless waived by the court, into the 
    Prisoner Review Board Vehicle and Equipment Fund;
        (13) victim and offender are family or household 
    members as defined in Section 103 of the Illinois Domestic 
    Violence Act of 1986 and offender pleads guilty or no 
    contest to or is convicted of murder, voluntary 
    manslaughter, involuntary manslaughter, burglary, 
    residential burglary, criminal trespass to residence, 
    criminal trespass to vehicle, criminal trespass to land, 
    criminal damage to property, telephone harassment, 
    kidnapping, aggravated kidnaping, unlawful restraint, 
    forcible detention, child abduction, indecent solicitation 
    of a child, sexual relations between siblings, 
    exploitation of a child, child pornography, assault, 
    aggravated assault, battery, aggravated battery, heinous 
    battery, aggravated battery of a child, domestic battery, 
    reckless conduct, intimidation, criminal sexual assault, 
    predatory criminal sexual assault of a child, aggravated 
    criminal sexual assault, criminal sexual abuse, aggravated 
    criminal sexual abuse, violation of an order of 
    protection, disorderly conduct, endangering the life or 
    health of a child, child abandonment, contributing to 
    dependency or neglect of child, or cruelty to children and 
    others, $200 for each sentenced violation to the State 
    Treasurer for deposit as follows: (i) for sexual assault, 
    as defined in Section 5-9-1.7 of the Unified Code of 
    Corrections, when the offender and victim are family 
    members, one-half to the Domestic Violence Shelter and 
    Service Fund, and one-half to the Sexual Assault Services 
    Fund; (ii) for the remaining offenses to the Domestic 
    Violence Shelter and Service Fund;
        (14) violation of Section 11-501 of the Illinois 
    Vehicle Code, Section 5-7 of the Snowmobile Registration 
    and Safety Act, Section 5-16 of the Boat Registration and 
    Safety Act, or a similar provision, whose operation of a 
    motor vehicle, snowmobile, or watercraft while in 
    violation of Section 11-501, Section 5-7 of the Snowmobile 
    Registration and Safety Act, Section 5-16 of the Boat 
    Registration and Safety Act, or a similar provision 
    proximately caused an incident resulting in an appropriate 
    emergency response, $1,000 maximum to the public agency 
    that provided an emergency response related to the 
    person's violation, or as provided in subsection (c) of 
    Section 10-5 if the arresting agency was a State agency, 
    unless more than one agency was responsible for the 
    arrest, in which case the amount shall be remitted to each 
    unit of government equally;
        (15) violation of Section 401, 407, or 407.2 of the 
    Illinois Controlled Substances Act that proximately caused 
    any incident resulting in an appropriate drug-related 
    emergency response, $1,000 as reimbursement for the 
    emergency response to the law enforcement agency that made 
    the arrest, or as provided in subsection (c) of Section 
    10-5 if the arresting agency was a State agency, unless 
    more than one agency was responsible for the arrest, in 
    which case the amount shall be remitted to each unit of 
    government equally;
        (16) violation of reckless driving, aggravated 
    reckless driving, or driving 26 miles per hour or more in 
    excess of the speed limit that triggered an emergency 
    response, $1,000 maximum reimbursement for the emergency 
    response to be distributed in its entirety to a public 
    agency that provided an emergency response related to the 
    person's violation, or as provided in subsection (c) of 
    Section 10-5 if the arresting agency was a State agency, 
    unless more than one agency was responsible for the 
    arrest, in which case the amount shall be remitted to each 
    unit of government equally;
        (17) violation based upon each plea of guilty, 
    stipulation of facts, or finding of guilt resulting in a 
    judgment of conviction or order of supervision for an 
    offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of 
    the Criminal Code of 2012 that results in the imposition 
    of a fine, to be distributed as follows: 
            (A) $50 to the county treasurer for deposit into 
        the Circuit Court Clerk Operation and Administrative 
        Fund to cover the costs in administering this 
        paragraph (17); 
            (B) $300 to the State Treasurer who shall deposit 
        the portion as follows: 
                (i) if the arresting or investigating agency 
            is the Illinois State Police, into the State 
            Police Law Enforcement Administration Fund; 
                (ii) if the arresting or investigating agency 
            is the Department of Natural Resources, into the 
            Conservation Police Operations Assistance Fund; 
                (iii) if the arresting or investigating agency 
            is the Secretary of State, into the Secretary of 
            State Police Services Fund; 
                (iv) if the arresting or investigating agency 
            is the Illinois Commerce Commission, into the 
            Transportation Regulatory Fund; or 
                (v) if more than one of the State agencies in 
            this subparagraph (B) is the arresting or 
            investigating agency, then equal shares with the 
            shares deposited as provided in the applicable 
            items (i) through (iv) of this subparagraph (B); 
            and
            (C) the remainder for deposit into the Specialized 
        Services for Survivors of Human Trafficking Fund; 
        (18) weapons violation under Section 24-1.1, 24-1.2, 
    or 24-1.5 of the Criminal Code of 1961 or the Criminal Code 
    of 2012, $100 for each conviction to the State Treasurer 
    for deposit into the Trauma Center Fund; and
        (19) violation of subsection (c) of Section 11-907 of 
    the Illinois Vehicle Code, $250 to the State Treasurer for 
    deposit into the Scott's Law Fund, unless a county or 
    municipal police officer wrote the ticket for the 
    violation, in which case to the county treasurer for 
    deposit into that county's or municipality's 
    Transportation Safety Highway Hire-back Fund to be used as 
    provided in subsection (j) of Section 11-907 of the 
    Illinois Vehicle Code.
        (20) violation of Section 15-109.1 of the Illinois 
    Vehicle Code, $150 to be distributed as follows:
            (A) 50% to the county treasurer for deposit into 
        the county general fund; and
            (B) 50% to the treasurer of the arresting law 
        enforcement agency of the municipality or county or to 
        the State Treasurer, if the arresting agency was a 
        State agency, to be deposited as provided in 
        subsection (c) of Section 10-5.
    Except for traffic violations, fines and assessments, such 
as fees or administrative costs authorized in this Section, 
shall not be ordered or imposed on a minor subject to Article 
III, IV, or V of the Juvenile Court Act of 1987, or a minor 
under the age of 18 transferred to adult court or excluded from 
juvenile court jurisdiction under Article V of the Juvenile 
Court Act of 1987, or the minor's parent, guardian, or legal 
custodian. 
(Source: P.A. 102-145, eff. 7-23-21; 102-505, eff. 8-20-21; 
102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-379, eff. 
7-28-23.)