| ||||
| Public Act 096-1029 | ||||
| ||||
| ||||
AN ACT concerning corrections.
| ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
| ||||
Section 5. The State Finance Act is amended by adding | ||||
Sections 5.777, 5.778, 6z-82, and 8p as follows: | ||||
(30 ILCS 105/5.777 new) | ||||
Sec. 5.777. The State Police Streetgang-Related Crime | ||||
Fund. | ||||
(30 ILCS 105/5.778 new) | ||||
Sec. 5.778. The State Police Operations Assistance Fund. | ||||
(30 ILCS 105/6z-82 new) | ||||
Sec. 6z-82. State Police Operations Assistance Fund. | ||||
(a) There is created in the State treasury a special fund | ||||
known as the State Police Operations Assistance Fund. The Fund | ||||
shall receive revenue pursuant to Section 27.3a of the Clerks | ||||
of Courts Act. The Fund may also receive revenue from grants, | ||||
donations, appropriations, and any other legal source. | ||||
(b) The Department of State Police may use moneys in the | ||||
Fund to finance any of its lawful purposes or functions. | ||||
(c) Expenditures may be made from the Fund only as | ||||
appropriated by the General Assembly by law. | ||||
(d) Investment income that is attributable to the | ||
investment of moneys in the Fund shall be retained in the Fund | ||
for the uses specified in this Section. | ||
(e) The State Police Operations Assistance Fund shall not | ||
be subject to administrative chargebacks. | ||
(30 ILCS 105/8p new) | ||
Sec. 8p. State Police Streetgang-Related Crime Fund. | ||
(a) The State Police Streetgang-Related Crime Fund is | ||
created as a special fund in the State treasury. | ||
(b) All moneys collected and payable to the Department of | ||
State Police under Section 5-9-1.19 of the Unified Code of | ||
Corrections shall be deposited into the State Police | ||
Streetgang-Related Crime Fund and shall be appropriated to and | ||
administered by the Department of State Police for operations | ||
and initiatives to combat and prevent streetgang-related | ||
crime. | ||
(c) The State Police Streetgang-Related Crime Fund shall | ||
not be subject to administrative chargebacks.
| ||
Section 6. The Clerks of Courts Act is amended by changing | ||
Section 27.3a as follows:
| ||
(705 ILCS 105/27.3a) (from Ch. 25, par. 27.3a)
| ||
Sec. 27.3a. Fees for automated record keeping and State | ||
Police operations.
| ||
1. The expense of establishing and maintaining automated | ||
record
keeping systems in the offices of the clerks of the | ||
circuit court shall
be borne by the county. To defray such | ||
expense in any county having
established such an automated | ||
system or which elects to establish such a
system, the county | ||
board may require the clerk of the circuit court in
their | ||
county to charge and collect a court automation fee of not less | ||
than
$1 nor more than $15 to be charged and collected by the | ||
clerk of the court.
Such fee shall be paid at the time of | ||
filing the first pleading, paper or
other appearance filed by | ||
each party in all civil cases or by the defendant
in any | ||
felony, traffic, misdemeanor, municipal ordinance, or | ||
conservation
case upon a judgment of guilty or grant of | ||
supervision, provided that
the record keeping system which | ||
processes the case
category for which the fee is charged is | ||
automated or has been approved for
automation by the county | ||
board, and provided further that no additional fee
shall be | ||
required if more than one party is presented in a single | ||
pleading,
paper or other appearance. Such fee shall be | ||
collected in the manner in
which all other fees or costs are | ||
collected.
| ||
1.5. Starting on the effective date of this amendatory Act | ||
of the 96th General Assembly, a clerk of the circuit court in | ||
any county that imposes a fee pursuant to subsection 1 of this | ||
Section, shall charge and collect an additional fee in an | ||
amount equal to the amount of the fee imposed pursuant to | ||
subsection 1 of this Section. This additional fee shall be paid | ||
by the defendant in any felony, traffic, misdemeanor, local | ||
ordinance, or conservation case upon a judgment of guilty or | ||
grant of supervision. | ||
2. With respect to the fee imposed under subsection 1 of | ||
this Section, each Each clerk shall commence such charges and | ||
collections upon receipt
of written notice from the chairman of | ||
the county board together with a
certified copy of the board's | ||
resolution, which the clerk shall file of
record in his office.
| ||
3. With respect to the fee imposed under subsection 1 of | ||
this Section, such Such fees shall be in addition to all other | ||
fees and charges of such
clerks, and assessable as costs, and | ||
may be waived only if the judge
specifically provides for the | ||
waiver of the court automation fee. The
fees shall be remitted | ||
monthly by such clerk to the county treasurer, to be
retained | ||
by him in a special fund designated as the court automation | ||
fund.
The fund shall be audited by the county auditor, and the | ||
board shall make
expenditure from the fund in payment of any | ||
cost related to the automation
of court records, including | ||
hardware, software, research and development
costs and | ||
personnel related thereto, provided that the expenditure is
| ||
approved by the clerk of the court and by the chief judge of | ||
the circuit
court or his designate.
| ||
4. With respect to the fee imposed under subsection 1 of | ||
this Section, such Such fees shall not be charged in any matter | ||
coming to any such clerk
on change of venue, nor in any | ||
proceeding to review the decision of any
administrative | ||
officer, agency or body.
| ||
5. With respect to the additional fee imposed under | ||
subsection 1.5 of this Section, the fee shall be remitted by | ||
the circuit clerk to the State Treasurer within one month after | ||
receipt for deposit into the State Police Operations Assistance | ||
Fund. | ||
(Source: P.A. 94-595, eff. 1-1-06.)
| ||
Section 10. The Unified Code of Corrections is amended by | ||
adding Section 5-9-1.19 as follows: | ||
(730 ILCS 5/5-9-1.19 new) | ||
Sec. 5-9-1.19. Additional streetgang fine. In addition to | ||
any other penalty imposed, a fine of $100 shall be imposed upon | ||
a person convicted of any violation of the Criminal Code of | ||
1961 who was, at the time of the commission of the violation a | ||
streetgang member, as defined in Section 10 of the Illinois | ||
Streetgang Terrorism Omnibus Prevention Act. 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 as provided by law. Each such additional | ||
fine shall be remitted by the Circuit Court Clerk within one | ||
month after receipt to the State Police Streetgang-Related | ||
Crime Fund in the State treasury. | ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||