Public Act 095-0291
 		





HB0362 Enrolled
LRB095 04286 DRH 24327 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 adding 
Section 3-712 as follows:
 
    (625 ILCS 5/3-712  new)
    Sec. 3-712. Improper application for certificate of title 
or registration;   special military plate.
    (a) Except as provided in Chapter 4 of this Code,  relating 
to anti-theft laws and abandoned vehicles, and except as 
otherwise provided in subsection (b) of this Section,  any 
person who  knowingly provides false information to the 
Secretary of State on an application for vehicle title or 
registration is guilty of a Class A misdemeanor and shall be 
fined not less than $500.
    (b) Except as provided in Chapter 4 of this Code,  relating 
to anti-theft laws and abandoned vehicles, any person who, for 
purposes of obtaining or renewing a special license plate 
designating military decorations, military service, or status 
as a military veteran,  (i) claims  to have been awarded a 
military decoration, knowing that he or she has not been 
awarded that decoration, or (ii)  claims to have the status of 
active duty military personnel or military veteran, knowing 
that he or she does not have the status required for the 
registration for which he or she has applied, is guilty of a 
Class A misdemeanor and shall be fined not less than $1,000.
    Of the amounts collected as fines under this subsection 
(b), 99% shall be deposited into the Illinois Military Family 
Relief Fund and 1% 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.

 
    Section 10. The Clerks of Courts Act is amended  by changing 
Section 27.6 as follows:
 
    (705 ILCS 105/27.6)

    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

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

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 subsections
subsection (d) and (f) 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
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

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.


    (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

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.


    (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.


    (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.


    (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

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.


    (d) The following amounts must be remitted to the State 
Treasurer for
deposit into the Illinois Animal Abuse Fund:


        (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;


        (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


        (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.


    (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.

    (f) Of the amounts collected as fines under subsection (b) 
of Section 3-712 of the Illinois Vehicle Code, 99% shall be 
deposited into the Illinois Military Family Relief Fund and 1% 
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.

(Source: P.A. 93-800, eff. 1-1-05; 94-556, eff. 9-11-05; 
94-1009, eff. 1-1-07.)