Public Act 097-0816
 
SB3602 EnrolledLRB097 18034 RLC 65631 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 10. The Violent Crime Victims Assistance Act is 
amended  by changing Section 10 as follows:
 



    (725 ILCS 240/10)  (from Ch. 70, par. 510)



    Sec. 10. Violent Crime Victims Assistance Fund. 

    (a) The "Violent Crime Victims Assistance Fund" is created 
as a special
fund in the State Treasury to provide monies for 
the grants to be awarded
under this Act.

    (b) When any person is convicted in Illinois of an offense 
listed below, or placed on supervision for that offense on or 
after July 1, 2012, the court shall impose the following fines:
        (1) $100 for any felony;
        (2) $50 for any offense under the Illinois Vehicle 
    Code, exclusive of offenses enumerated in paragraph (a)(2) 
    of Section 6-204 of that Code, and exclusive of any offense 
    enumerated in Article VI of Chapter 11 of that Code 
    relating to restrictions, regulations, and limitations on 
    the speed at which a motor vehicle is driven or operated; 
    and
        (3) $75 for any misdemeanor, excluding a conservation 
    offense.
    Notwithstanding any other provision of this Section,  the 
penalty established in this Section shall be assessed for any 
violation of Section 11-601.5, 11-605.2, or 11-605.3 of the 
Illinois Vehicle Code. 
    The Clerk of the Circuit Court shall remit moneys collected 
under this subsection (b) On and after September 18, 1986, 
there shall be an additional penalty
collected from each 
defendant upon
conviction of any felony or upon conviction of 
or disposition
of supervision for any misdemeanor, or upon 
conviction of or disposition of
supervision for any offense 
under the Illinois Vehicle Code, exclusive of
offenses 
enumerated in paragraph (a)(2) of
Section 6-204 of that Code, 
and exclusive of any offense enumerated in Article
VI of 
Chapter 11 of that Code relating
to restrictions, regulations 
and limitations on the speed at which a motor
vehicle is driven 
or operated, an additional penalty of $4
for each $40, or 
fraction thereof, of fine imposed. Notwithstanding any other 
provision of this Section,  the penalty established in this 
Section shall be assessed for any violation of Section 
11-601.5, 11-605.2, or 11-605.3 of the Illinois Vehicle Code.  
Such additional
amounts shall be collected by the Clerk
of the 
Circuit Court in addition to the fine and costs in the case.  
Each
such additional penalty collected under this subsection 
(b) or subsection
(c) of this Section shall be remitted by the 
Clerk of the Circuit Court
within one month after receipt to 
the State Treasurer for deposit into the
Violent Crime Victims 
Assistance Fund, except as provided in subsection
(g) of this 
Section.  Such additional penalty shall not
be considered a part 
of the fine for purposes of any reduction made in the
fine for 
time served either before or after sentencing.  Not later than

March 1 of each year the Clerk of the Circuit Court shall 
submit to the
State Comptroller a report of the amount of funds 
remitted by him to the
State Treasurer under this Section  
during the preceding calendar year.
Except as otherwise 
provided by Supreme Court Rules, if a court in
sentencing an 
offender levies a gross amount for fine, costs, fees and

penalties, the amount of the additional penalty provided for 
herein shall
be computed on the amount remaining after 
deducting from the gross amount
levied all fees of the Circuit 
Clerk, the State's Attorney and the Sheriff.
After deducting 
from the gross amount levied the fees and additional
penalty 
provided for herein, less any other additional penalties 
provided
by law, the clerk shall remit the net balance 
remaining to the entity
authorized by law to receive the fine 
imposed in the case.  For purposes of
this Section "fees of the 
Circuit Clerk" shall include, if applicable, the
fee provided 
for under Section 27.3a of the Clerks of Courts Act  and the

fee, if applicable, payable to the county in which the 
violation occurred
pursuant to Section 5-1101 of the Counties 
Code.

    (c) When any person is convicted in Illinois on or after 
August 28,
1986, of an offense listed below, or placed on 
supervision for such an
offense on or after September 18, 1986, 
and no other fine is imposed, the
following penalty shall be 
collected by the Circuit Court Clerk:


        (1) $25, for any crime of violence as defined in 
    subsection (c) of
Section 2 of the Crime Victims 
    Compensation Act; and


        (2) $20, for any other felony or misdemeanor, excluding

    any conservation offense.


    The Such charge imposed by subsection (b) shall not be 
subject to the provisions of Section 110-14 of
the Code of 
Criminal Procedure of 1963.

    (d) Monies forfeited, and proceeds from the sale of 
property forfeited
and seized, under the forfeiture provisions 
set forth in Part 500 of Article 124B of the Code of Criminal 
Procedure of 1963 shall be accepted for the Violent Crime 
Victims
Assistance Fund.

    (e) Investment income which is attributable to the 
investment of monies
in the Violent Crime Victims Assistance 
Fund shall be credited to that fund
for uses specified in this 
Act.  The Treasurer shall provide the Attorney
General a monthly 
status report on the amount of money in the Fund.

    (f) Monies from the fund may be granted on and after July 
1, 1984.

    (g) All amounts and charges imposed under this Section for 
any
violation of Chapters 3, 4, 6, and 11 of the Illinois 
Vehicle Code, or a
similar provision of a local ordinance, or 
any violation of the Child
Passenger Protection Act, or a 
similar provision of a local ordinance,
shall be collected and 
disbursed by the circuit clerk as provided under
Section 27.5 
of the Clerks of Courts Act.

(Source: P.A. 96-712, eff. 1-1-10; 97-108, eff. 7-14-11.)

  
 
    Section 99. Effective date. This Act takes effect July 1, 
2012.