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| Public Act 096-0667 |
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AN ACT concerning transportation.
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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 5.719 and changing Section 8h as follows: | ||||
(30 ILCS 105/5.719 new)
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Sec. 5.719. The Roadside Memorial Fund. | ||||
(30 ILCS 105/8h)
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Sec. 8h. Transfers to General Revenue Fund. | ||||
(a) Except as otherwise provided in this Section and | ||||
Section 8n of this Act, and
notwithstanding any other
State law | ||||
to the contrary, the Governor
may, through June 30, 2007, from | ||||
time to time direct the State Treasurer and Comptroller to | ||||
transfer
a specified sum from any fund held by the State | ||||
Treasurer to the General
Revenue Fund in order to help defray | ||||
the State's operating costs for the
fiscal year. The total | ||||
transfer under this Section from any fund in any
fiscal year | ||||
shall not exceed the lesser of (i) 8% of the revenues to be | ||||
deposited
into the fund during that fiscal year or (ii) an | ||||
amount that leaves a remaining fund balance of 25% of the July | ||||
1 fund balance of that fiscal year. In fiscal year 2005 only, | ||||
prior to calculating the July 1, 2004 final balances, the | ||||
Governor may calculate and direct the State Treasurer with the | ||
Comptroller to transfer additional amounts determined by | ||
applying the formula authorized in Public Act 93-839 to the | ||
funds balances on July 1, 2003.
No transfer may be made from a | ||
fund under this Section that would have the
effect of reducing | ||
the available balance in the fund to an amount less than
the | ||
amount remaining unexpended and unreserved from the total | ||
appropriation
from that fund estimated to be expended for that | ||
fiscal year. This Section does not apply to any
funds that are | ||
restricted by federal law to a specific use, to any funds in
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the Motor Fuel Tax Fund, the Intercity Passenger Rail Fund, the | ||
Hospital Provider Fund, the Medicaid Provider Relief Fund, the | ||
Teacher Health Insurance Security Fund, the Reviewing Court | ||
Alternative Dispute Resolution Fund, the Voters' Guide Fund, | ||
the Foreign Language Interpreter Fund, the Lawyers' Assistance | ||
Program Fund, the Supreme Court Federal Projects Fund, the | ||
Supreme Court Special State Projects Fund, the Supplemental | ||
Low-Income Energy Assistance Fund, the Good Samaritan Energy | ||
Trust Fund, the Low-Level Radioactive Waste Facility | ||
Development and Operation Fund, the Horse Racing Equity Trust | ||
Fund, the Metabolic Screening and Treatment Fund, or the | ||
Hospital Basic Services Preservation Fund, or to any
funds to | ||
which Section 70-50 of the Nurse Practice Act applies. No | ||
transfers may be made under this Section from the Pet | ||
Population Control Fund. Notwithstanding any
other provision | ||
of this Section, for fiscal year 2004,
the total transfer under | ||
this Section from the Road Fund or the State
Construction | ||
Account Fund shall not exceed the lesser of (i) 5% of the | ||
revenues to be deposited
into the fund during that fiscal year | ||
or (ii) 25% of the beginning balance in the fund.
For fiscal | ||
year 2005 through fiscal year 2007, no amounts may be | ||
transferred under this Section from the Road Fund, the State | ||
Construction Account Fund, the Criminal Justice Information | ||
Systems Trust Fund, the Wireless Service Emergency Fund, or the | ||
Mandatory Arbitration Fund.
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In determining the available balance in a fund, the | ||
Governor
may include receipts, transfers into the fund, and | ||
other
resources anticipated to be available in the fund in that | ||
fiscal year.
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The State Treasurer and Comptroller shall transfer the | ||
amounts designated
under this Section as soon as may be | ||
practicable after receiving the direction
to transfer from the | ||
Governor.
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(a-5) Transfers directed to be made under this Section on | ||
or before February 28, 2006 that are still pending on May 19, | ||
2006 (the effective date of Public Act 94-774) shall be | ||
redirected as provided in Section 8n of this Act.
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(b) This Section does not apply to: (i) the Ticket For The | ||
Cure Fund; (ii) any fund established under the Community Senior | ||
Services and Resources Act; or (iii) on or after January 1, | ||
2006 (the effective date of Public Act 94-511), the Child Labor | ||
and Day and Temporary Labor Enforcement Fund. | ||
(c) This Section does not apply to the Demutualization | ||
Trust Fund established under the Uniform Disposition of | ||
Unclaimed Property Act.
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(d) This Section does not apply to moneys set aside in the | ||
Illinois State Podiatric Disciplinary Fund for podiatric | ||
scholarships and residency programs under the Podiatric | ||
Scholarship and Residency Act. | ||
(e) Subsection (a) does not apply to, and no transfer may | ||
be made under this Section from, the Pension Stabilization | ||
Fund.
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(f) Subsection (a) does not apply to, and no transfer may | ||
be made under this Section from, the Illinois Power Agency | ||
Operations Fund, the Illinois Power Agency Facilities Fund, the | ||
Illinois Power Agency Debt Service Fund, and the Illinois Power | ||
Agency Trust Fund.
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(g)
This Section does not apply to the Veterans Service | ||
Organization Reimbursement Fund.
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(h)
This Section does not apply to the Supreme Court | ||
Historic Preservation Fund.
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(i) This Section does not apply to, and no transfer may be | ||
made under this Section from, the Money Follows the Person | ||
Budget Transfer Fund. | ||
(j) This Section does not apply to the Roadside Memorial | ||
Fund. | ||
(Source: P.A. 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, | ||
eff. 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; | ||
94-645, eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. | ||
11-2-05; 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, | ||
eff. 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; | ||
94-839, eff. 6-6-06; 95-331, eff. 8-21-07; 95-410, eff. | ||
8-24-07; 95-481, eff. 8-28-07; 95-629, eff. 9-25-07; 95-639, | ||
eff. 10-5-07; 95-695, eff. 11-5-07; 95-744, eff. 7-18-08; | ||
95-876, eff. 8-21-08.)
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Section 10. The Roadside Memorial Act is amended by | ||
changing Section 20 as follows: | ||
(605 ILCS 125/20)
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Sec. 20. DUI memorial markers. | ||
(a) A DUI memorial marker shall consist of a white on blue | ||
panel bearing the message "Please Don't Drink and Drive". At | ||
the request of the qualified relative, a separate panel bearing | ||
the words "In Memory of (victim's name)", followed by the date | ||
of the crash that was the proximate cause of the loss of the | ||
victim's life, shall be mounted below the primary panel. | ||
(b) A DUI memorial marker may memorialize more than one | ||
victim who died as a result of the same DUI-related crash. If | ||
one or more additional DUI crash deaths subsequently occur in | ||
close proximity to an existing DUI memorial marker, the | ||
supporting jurisdiction may use the same marker to memorialize | ||
the subsequent death or deaths, by adding the names of the | ||
additional persons. | ||
(c) A DUI memorial marker shall be maintained for at least | ||
2 years from the date the last person was memorialized on the | ||
marker. | ||
(d) The supporting jurisdiction has the right to install a | ||
marker at a location other than the location of the crash or to | ||
relocate a marker due to restricted room, property owner | ||
complaints, interference with essential traffic control | ||
devices, safety concerns, or other restrictions. In such cases, | ||
the sponsoring jurisdiction may select an alternate location. | ||
(e) The Department shall secure the consent of any | ||
municipality before placing a DUI memorial marker within the | ||
corporate limits of the municipality. | ||
(f) A fee in an amount to be determined by the supporting | ||
jurisdiction may be paid in whole or in part from the Roadside | ||
Memorial Fund if moneys are made available by the Department of | ||
Transportation from that Fund or may be charged to the | ||
qualified relative to the extent moneys from that Fund are not | ||
made available. The fee shall not exceed the costs associated | ||
with the fabrication, installation, and maintenance of the DUI | ||
memorial marker.
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(Source: P.A. 95-398, eff. 1-1-08.)
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Section 13. The Clerks of Courts Act is amended by changing | ||
Sections 27.5 and 27.6 as follows:
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(705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
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Sec. 27.5. (a) All fees, fines, costs, additional | ||
penalties, bail balances
assessed or forfeited, and any other | ||
amount paid by a person to the circuit
clerk that equals an | ||
amount less than $55, except 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
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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
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similar provision of a local ordinance, and except as provided | ||
in subsection
(b) shall be disbursed within 60 days after | ||
receipt by the circuit
clerk as follows: 47% shall be disbursed | ||
to the entity authorized by law to
receive the fine imposed in | ||
the case; 12% shall be disbursed to the State
Treasurer; and | ||
41% shall be disbursed to the county's general corporate fund.
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Of the 12% disbursed to the State Treasurer, 1/6 shall be | ||
deposited by the
State Treasurer into the Violent Crime Victims | ||
Assistance Fund, 1/2 shall be
deposited into the Traffic and | ||
Criminal Conviction Surcharge Fund, and 1/3
shall be deposited | ||
into the Drivers Education Fund. For fiscal years 1992 and
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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) 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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(c) Any person who receives a disposition of court | ||
supervision for a violation of the Illinois Vehicle Code or a | ||
similar provision of a local ordinance 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. | ||
(d) Any person convicted of or pleading guilty to a serious | ||
traffic violation, as defined in Section 1-187.001 of the | ||
Illinois Vehicle Code, shall pay an additional fee of $20, to | ||
be disbursed as provided in Section 16-104d of that Code. | ||
This subsection (d) becomes inoperative 7 years after the | ||
effective date of Public Act 95-154.
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(e) Any person who receives a disposition of court | ||
supervision for a violation of Section 11-501 of the Illinois | ||
Vehicle Code shall, in addition to any other fines, fees, and | ||
court costs, pay an additional fee of $50, which shall
be | ||
collected by the circuit clerk and then remitted to the State | ||
Treasurer for deposit into the Roadside Memorial Fund, a | ||
special fund in the State treasury. However, the court may | ||
waive the fee if full restitution is complied with. Subject to | ||
appropriation, all moneys in the Roadside Memorial Fund shall | ||
be used by the Department of Transportation to pay fees imposed | ||
under subsection (f) of Section 20 of the Roadside Memorial | ||
Act. The fee shall be remitted by the circuit clerk within one | ||
month after receipt to the State Treasurer for deposit into the | ||
Roadside Memorial Fund. | ||
(Source: P.A. 94-1009, eff. 1-1-07; 95-154, eff. 10-13-07; | ||
95-428, eff. 8-24-07; 95-876, eff. 8-21-08.)
| ||
(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 fine imposed by Section | ||
5-9-1.15
of the Unified Code of Corrections, 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 (d) and (g)
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 or a | ||
similar provision of a local ordinance 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) 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.
| ||
(g)
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.
| ||
(h) Any person who receives a disposition of court | ||
supervision for a violation of Section 11-501 of the Illinois | ||
Vehicle Code or a similar provision of a local ordinance shall, | ||
in addition to any other fines, fees, and court costs, pay an | ||
additional fee of $50, which shall
be collected by the circuit | ||
clerk and then remitted to the State Treasurer for deposit into | ||
the Roadside Memorial Fund, a special fund in the State | ||
treasury. However, the court may waive the fee if full | ||
restitution is complied with. Subject to appropriation, all | ||
moneys in the Roadside Memorial Fund shall be used by the | ||
Department of Transportation to pay fees imposed under | ||
subsection (f) of Section 20 of the Roadside Memorial Act. The | ||
fee shall be remitted by the circuit clerk within one month | ||
after receipt to the State Treasurer for deposit into the | ||
Roadside Memorial Fund. | ||
(Source: P.A. 94-556, eff. 9-11-05; 94-1009, eff. 1-1-07; | ||
95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428, eff. 8-24-07; | ||
95-600, eff. 6-1-08; 95-876, eff. 8-21-08.) | ||
Section 15. The Unified Code of Corrections is amended by | ||
adding Section 5-9-1.17 as follows: | ||
(730 ILCS 5/5-9-1.17 new)
| ||
Sec. 5-9-1.17. Fee; Roadside Memorial Fund. A person who is | ||
convicted or receives a disposition of court supervision for a | ||
violation of
Section 11-501 of the Illinois Vehicle Code shall, | ||
in addition to any other
disposition, penalty, or fine imposed, | ||
pay a fee of
$50 which shall
be collected by the clerk of the | ||
court and then remitted to the State Treasurer for deposit into | ||
the Roadside Memorial Fund, a special fund that is created in | ||
the State treasury. However, the court may waive the fee if | ||
full restitution is complied with. Subject to appropriation, | ||
all moneys in the Roadside Memorial Fund shall be used by the | ||
Department of Transportation to pay fees imposed under | ||
subsection (f) of Section 20 of the Roadside Memorial Act.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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