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| Public Act 095-0191 |
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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 Clerks of Courts Act is amended by changing | ||||
Section 27.6 as follows: | ||||
(705 ILCS 105/27.6)
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Sec. 27.6. (a) All fees, fines, costs, additional | ||||
penalties, bail balances
assessed or forfeited, and any other | ||||
amount paid by a person to the circuit
clerk equalling an | ||||
amount of $55 or more, except the additional fee required
by | ||||
subsections (b) and (c), restitution under Section 5-5-6 of the
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Unified Code of Corrections, reimbursement for the costs of an | ||||
emergency
response as provided under Section 11-501 of the | ||||
Illinois Vehicle Code,
any fees collected for attending a | ||||
traffic safety program under paragraph (c)
of Supreme Court | ||||
Rule 529, any fee collected on behalf of a State's Attorney
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under Section 4-2002 of the Counties Code or a sheriff under | ||||
Section 4-5001
of the Counties Code, or any cost imposed under | ||||
Section 124A-5 of the Code of
Criminal Procedure of 1963, for | ||||
convictions, orders of supervision, or any
other disposition | ||||
for a violation of Chapters 3, 4, 6, 11, and 12 of the
Illinois | ||||
Vehicle Code, or a similar provision of a local ordinance, and | ||||
any
violation of the Child Passenger Protection Act, or a | ||||
similar provision of a
local ordinance, and except as provided | ||
in subsection (d) shall be disbursed
within 60 days after | ||
receipt by the circuit
clerk as follows: 44.5% shall be | ||
disbursed to the entity authorized by law to
receive the fine | ||
imposed in the case; 16.825% shall be disbursed to the State
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Treasurer; and 38.675% shall be disbursed to the county's | ||
general corporate
fund. Of the 16.825% disbursed to the State | ||
Treasurer, 2/17 shall be deposited
by the State Treasurer into | ||
the Violent Crime Victims Assistance Fund, 5.052/17
shall be | ||
deposited into the Traffic and Criminal Conviction Surcharge | ||
Fund,
3/17 shall be deposited into the Drivers Education Fund, | ||
and 6.948/17 shall be
deposited into the Trauma Center Fund. Of | ||
the 6.948/17 deposited into the
Trauma Center Fund from the | ||
16.825% disbursed to the State Treasurer, 50% shall
be | ||
disbursed to the Department of Public Health and 50% shall be | ||
disbursed to
the Department of Healthcare and Family Services. | ||
For fiscal year 1993, amounts deposited into
the Violent Crime | ||
Victims Assistance Fund, the Traffic and Criminal
Conviction | ||
Surcharge Fund, or the Drivers Education Fund shall not exceed | ||
110%
of the amounts deposited into those funds in fiscal year | ||
1991. Any
amount that exceeds the 110% limit shall be | ||
distributed as follows: 50%
shall be disbursed to the county's | ||
general corporate fund and 50% shall be
disbursed to the entity | ||
authorized by law to receive the fine imposed in
the case. Not | ||
later than March 1 of each year the circuit clerk
shall submit | ||
a report of the amount of funds remitted to the State
Treasurer | ||
under this Section during the preceding year based upon
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independent verification of fines and fees. All counties shall | ||
be subject
to this Section, except that counties with a | ||
population under 2,000,000
may, by ordinance, elect not to be | ||
subject to this Section. For offenses
subject to this Section, | ||
judges shall impose one total sum of money payable
for | ||
violations. The circuit clerk may add on no additional amounts | ||
except
for amounts that are required by Sections 27.3a and | ||
27.3c of
this Act, unless those amounts are specifically waived | ||
by the judge. With
respect to money collected by the circuit | ||
clerk as a result of
forfeiture of bail, ex parte judgment or | ||
guilty plea pursuant to Supreme
Court Rule 529, the circuit | ||
clerk shall first deduct and pay amounts
required by Sections | ||
27.3a and 27.3c of this Act. This Section is a denial
and | ||
limitation of home rule powers and functions under subsection | ||
(h) of
Section 6 of Article VII of the Illinois Constitution.
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(b) In addition to any other fines and court costs assessed | ||
by the courts,
any person convicted or receiving an order of | ||
supervision for driving under
the influence of alcohol or drugs | ||
shall pay an additional fee of $100 to the
clerk of the circuit | ||
court. This amount, less 2 1/2% that shall be used to
defray | ||
administrative costs incurred by the clerk, shall be remitted | ||
by the
clerk to the Treasurer within 60 days after receipt for | ||
deposit into the Trauma
Center Fund. This additional fee of | ||
$100 shall not be considered a part of the
fine for purposes of | ||
any reduction in the fine for time served either before or
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after sentencing. Not later than March 1 of each year the | ||
Circuit Clerk shall
submit a report of the amount of funds | ||
remitted to the State Treasurer under
this subsection during | ||
the preceding calendar year.
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(b-1) In addition to any other fines and court costs | ||
assessed by the courts,
any person convicted or receiving an | ||
order of supervision for driving under the
influence of alcohol | ||
or drugs shall pay an additional fee of $5 to the clerk
of the | ||
circuit court. This amount, less
2 1/2% that shall be used to | ||
defray administrative costs incurred by the clerk,
shall be | ||
remitted by the clerk to the Treasurer within 60 days after | ||
receipt
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 sentencing. Not | ||
later than March 1 of each
year the Circuit Clerk shall submit | ||
a report of the amount of funds remitted to
the State Treasurer | ||
under this subsection during the preceding calendar
year.
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(c) In addition to any other fines and court costs assessed | ||
by the courts,
any person convicted for a violation of Sections | ||
24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or a | ||
person sentenced for a violation of the Cannabis
Control Act, | ||
the Illinois Controlled Substances Act, or the Methamphetamine | ||
Control and Community Protection Act
shall pay an additional | ||
fee of $100 to the clerk
of the circuit court. This amount, | ||
less
2 1/2% that shall be used to defray administrative costs | ||
incurred by the clerk,
shall be remitted by the clerk to the | ||
Treasurer within 60 days after receipt
for deposit into the | ||
Trauma Center Fund. This additional fee of $100 shall not
be | ||
considered a part of the fine for purposes of any reduction in | ||
the fine for
time served either before or after sentencing. Not | ||
later than March 1 of each
year the Circuit Clerk shall submit | ||
a report of the amount of funds remitted to
the State Treasurer | ||
under this subsection during the preceding calendar year.
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(c-1) In addition to any other fines and court costs | ||
assessed by the
courts, any person sentenced for a violation of | ||
the Cannabis Control Act,
the Illinois Controlled Substances | ||
Act, or the Methamphetamine Control and Community Protection | ||
Act shall pay an additional fee of $5 to the
clerk of the | ||
circuit court. This amount, less 2 1/2% that shall be used to
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defray administrative costs incurred by the clerk, shall be | ||
remitted by the
clerk to the Treasurer within 60 days after | ||
receipt 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 sentencing. Not | ||
later than March 1
of each year the Circuit Clerk shall submit | ||
a report of the amount of funds
remitted to the State Treasurer | ||
under this subsection during the preceding
calendar year.
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(d) The following amounts must be remitted to the State | ||
Treasurer for
deposit into the Illinois Animal Abuse Fund:
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(1) 50% of the amounts collected for felony offenses | ||
under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||
5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||
Animals Act and Section 26-5 of the Criminal Code of
1961;
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(2) 20% of the amounts collected for Class A and Class | ||
B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||
5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||
for Animals Act and Section 26-5 of the Criminal
Code of | ||
1961; and
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(3) 50% of the amounts collected for Class C | ||
misdemeanors under Sections
4.01 and 7.1 of the Humane Care | ||
for Animals Act and Section 26-5 of the
Criminal Code of | ||
1961.
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(e) Any person who receives a disposition of court | ||
supervision for a violation of the Illinois Vehicle Code shall, | ||
in addition to any other fines, fees, and court costs, pay an | ||
additional fee of $20, to be disbursed as provided in Section | ||
16-104c of the Illinois Vehicle Code. In addition to the fee of | ||
$20, the person shall also pay a fee of $5, if not waived by the | ||
court. If this $5 fee is collected, $4.50 of the fee shall be | ||
deposited into the Circuit Court Clerk Operation and | ||
Administrative Fund created by the Clerk of the Circuit Court | ||
and 50 cents of the fee shall be deposited into the Prisoner | ||
Review Board Vehicle and Equipment Fund in the State treasury.
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(f) This Section does not apply to the additional child | ||
pornography fines assessed and collected under Section | ||
5-9-1.14 of the Unified Code of Corrections.
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(Source: P.A. 93-800, eff. 1-1-05; 94-556, eff. 9-11-05; | ||
94-1009, eff. 1-1-07.)
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Section 10. The Unified Code of Corrections is amended by | ||
adding Section 5-9-1.14 as follows: | ||
(730 ILCS 5/5-9-1.14 new) | ||
Sec. 5-9-1.14. Additional child pornography fines. In | ||
addition to any other penalty imposed, a fine of $500 shall be | ||
imposed upon a person convicted of child pornography under | ||
Section 11-20.1 of the Criminal Code of 1961. Such additional | ||
fine shall be assessed by the court imposing sentence and shall | ||
be collected by the circuit clerk. Of this fee, $5 shall be | ||
deposited into the Circuit Court Clerk Operation and | ||
Administrative Fund created by the Clerk of the Circuit Court | ||
to be used to offset the costs incurred by the Circuit Court | ||
Clerk in performing the additional duties required to collect | ||
and disburse funds to entities of State and local government as | ||
provided by law. Each such additional fine shall be remitted by | ||
the Circuit Court Clerk within one month after receipt to the | ||
unit of local government whose law enforcement officers | ||
investigated the case that gave rise to the conviction of the | ||
defendant for child pornography.
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