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| Public Act 094-0550 |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The State Finance Act is amended by adding | ||||
Section 5.640 as follows: | ||||
(30 ILCS 105/5.640 new)
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Sec. 5.640. The Methamphetamine Law Enforcement Fund.
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Section 10. The Unified Code of Corrections is amended by | ||||
changing Sections 5-9-1.1 and 5-9-1.2 and by adding Section | ||||
5-9-1.1-5 as follows:
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(730 ILCS 5/5-9-1.1) (from Ch. 38, par. 1005-9-1.1)
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Sec. 5-9-1.1. Drug related offenses.
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(a) When a person has been adjudged guilty of a 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, as | ||||
amended,
or the Illinois Controlled Substances Act, as amended, | ||||
in addition to any
other penalty imposed, a fine shall be | ||||
levied by the court at not less than
the full street value of | ||||
the cannabis or controlled substances seized.
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"Street value" shall be determined by the court on the | ||||
basis of testimony
of law enforcement personnel and the | ||||
defendant as to the amount seized and
such testimony as may be | ||||
required by the court as to the current street
value of the | ||||
cannabis or controlled substance seized.
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(b) In addition to any penalty imposed under subsection (a) | ||||
of this
Section, a fine of
$100 shall be levied by the court, | ||||
the proceeds of which
shall be collected by the Circuit Clerk | ||||
and remitted to the State Treasurer
under Section 27.6 of the | ||||
Clerks of Courts Act
for deposit into the Trauma
Center Fund | ||||
for distribution as provided under Section 3.225 of the | ||
Emergency
Medical Services (EMS) Systems Act.
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(c) In addition to any penalty imposed under subsection (a) | ||
of this
Section, a fee of $5 shall be assessed by the court, | ||
the proceeds of which
shall be collected by the Circuit Clerk | ||
and remitted to the State Treasurer
under Section 27.6 of the | ||
Clerks of Courts Act for deposit into the Spinal Cord
Injury | ||
Paralysis Cure Research Trust Fund.
This additional fee of $5 | ||
shall not be considered a part of the fine for
purposes of any | ||
reduction in the fine for time served either before or after
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sentencing.
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(Source: P.A. 92-431, eff. 1-1-02.)
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(730 ILCS 5/5-9-1.1-5 new)
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Sec. 5-9-1.1-5. Methamphetamine related offenses. | ||
(a) When a person has been adjudged guilty of a | ||
methamphetamine related
offense involving possession or | ||
delivery of methamphetamine or any salt of an optical isomer of | ||
methamphetamine or possession of a methamphetamine | ||
manufacturing chemical set forth in paragraph (z-1) of Section | ||
102 of the Illinois Controlled Substances Act with the intent | ||
to manufacture a substance containing methamphetamine or salt | ||
of an optical isomer of methamphetamine, in addition to any
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other penalty imposed, a fine shall be levied by the court at | ||
not less than
the full street value of the methamphetamine or | ||
salt of an optical isomer of methamphetamine or methamphetamine | ||
manufacturing chemicals seized. | ||
"Street value" shall be determined by the court on the | ||
basis of testimony
of law enforcement personnel and the | ||
defendant as to the amount seized and
such testimony as may be | ||
required by the court as to the current street
value of the | ||
methamphetamine or salt of an optical isomer of methamphetamine | ||
or methamphetamine manufacturing chemicals seized. | ||
(b) In addition to any penalty imposed under subsection (a) | ||
of this
Section, a fine of
$100 shall be levied by the court, | ||
the proceeds of which
shall be collected by the Circuit Clerk | ||
and remitted to the State Treasurer
under Section 27.6 of the | ||
Clerks of Courts Act
for deposit into the Methamphetamine Law | ||
Enforcement Fund and allocated as provided in subsection (d) of | ||
Section 5-9-1.2.
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(730 ILCS 5/5-9-1.2) (from Ch. 38, par. 1005-9-1.2)
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Sec. 5-9-1.2. (a) Twelve and one-half percent of all | ||
amounts collected
as fines pursuant to Section 5-9-1.1 shall be | ||
paid into the Youth Drug
Abuse Prevention Fund, which is hereby | ||
created in the State treasury, 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, | ||
for juveniles.
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(b) Eighty-seven and one-half percent of the proceeds of | ||
all fines
received pursuant to Section 5-9-1.1 shall be | ||
transmitted to and deposited
in the treasurer's office at the | ||
level of government as follows:
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(1) If such seizure was made by a combination of law | ||
enforcement
personnel representing differing units of | ||
local government, the court
levying the fine shall | ||
equitably allocate 50% of the fine among these units
of | ||
local government and shall allocate 37 1/2% to the county | ||
general
corporate fund. In the event that the seizure was | ||
made by law enforcement
personnel representing a unit of | ||
local government from a municipality where
the number of | ||
inhabitants exceeds 2 million in population, the court
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levying the fine shall allocate 87 1/2% of the fine to that | ||
unit of local
government. If the seizure was made by a | ||
combination of law enforcement
personnel representing | ||
differing units of local government, and at least
one of | ||
those units represents a municipality where the number of
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inhabitants exceeds 2 million in population, the court | ||
shall equitably
allocate 87 1/2% of the proceeds of the | ||
fines received among the differing
units of local | ||
government.
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(2) If such seizure was made by State law enforcement | ||
personnel, then
the court shall allocate 37 1/2% to the | ||
State treasury and 50% to the
county general corporate | ||
fund.
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(3) If a State law enforcement agency in combination | ||
with a law
enforcement agency or agencies of a unit or | ||
units of local government
conducted the seizure, the court | ||
shall equitably allocate 37 1/2% of the
fines to or among | ||
the law enforcement agency or agencies of the unit or
units | ||
of local government which conducted the seizure and shall | ||
allocate
50% to the county general corporate fund.
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(c) The proceeds of all fines allocated to the law | ||
enforcement agency or
agencies of the unit or units of local | ||
government pursuant to subsection
(b) shall be made available | ||
to that law enforcement agency as expendable
receipts for use | ||
in the enforcement of laws regulating controlled
substances and | ||
cannabis. The proceeds of fines awarded to the State
treasury | ||
shall be deposited in a special fund known as the Drug Traffic
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Prevention Fund. Monies from this fund may be used by the | ||
Department of
State Police for use in the enforcement of laws | ||
regulating controlled
substances and cannabis; to satisfy | ||
funding provisions of the
Intergovernmental Drug Laws | ||
Enforcement Act; and to defray costs and
expenses
associated | ||
with returning violators of the Cannabis Control Act and the
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Illinois Controlled Substances Act only, as provided in those | ||
Acts, when
punishment of the crime shall be confinement of the | ||
criminal in the
penitentiary. Moneys in the Drug Traffic | ||
Prevention Fund deposited from
fines
awarded
as a direct result | ||
of enforcement efforts of the Illinois Conservation Police
may | ||
be used by the Department of Natural Resources Office of Law
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Enforcement for use in enforcing laws regulating controlled | ||
substances
and cannabis on Department of Natural Resources | ||
regulated lands and
waterways. All other monies shall be paid | ||
into the general revenue
fund in the State treasury. | ||
(d) There is created in the State treasury the | ||
Methamphetamine Law Enforcement Fund. Moneys in the Fund shall | ||
be equitably allocated to local law enforcement agencies to: | ||
(1) reimburse those agencies for the costs of securing and | ||
cleaning up sites and facilities used for the illegal | ||
manufacture of methamphetamine; (2) defray the costs of | ||
employing full-time or part-time peace officers from a | ||
Metropolitan Enforcement Group or other local drug task force, | ||
including overtime costs for those officers; and (3) defray the | ||
costs associated with medical or dental expenses incurred by | ||
the county resulting from the incarceration of methamphetamine | ||
addicts in the county jail or County Department of Corrections.
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(Source: P.A. 92-601, eff. 7-1-02.)
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