Rep. Steven A. Andersson
Filed: 11/26/2018
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1 | AMENDMENT TO SENATE BILL 1328
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2 | AMENDMENT NO. ______. Amend Senate Bill 1328 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
5 | changing Section 15-113 as follows:
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6 | (625 ILCS 5/15-113) (from Ch. 95 1/2, par. 15-113)
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7 | (Text of Section before amendment by P.A. 100-987 )
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8 | Sec. 15-113. Violations; Penalties.
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9 | (a) Whenever any vehicle is operated in violation of the | ||||||
10 | provisions of
Section 15-111 or subsection (d) of Section | ||||||
11 | 3-401, the owner or driver of such
vehicle shall be deemed | ||||||
12 | guilty of such violation and either the owner or the
driver of | ||||||
13 | such vehicle may be prosecuted for such violation.
Any person | ||||||
14 | charged with a violation of any of these provisions who pleads | ||||||
15 | not
guilty shall be present in court for the trial on the | ||||||
16 | charge.
Any person, firm or corporation convicted of any |
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1 | violation of
Section 15-111 including, but not limited to, a | ||||||
2 | maximum axle or gross limit
specified on a regulatory sign | ||||||
3 | posted in accordance with paragraph (e) or (f) of Section | ||||||
4 | 15-111, shall be fined according to the following schedule:
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5 | Up to and including 2000 pounds overweight, the fine is $100 | ||||||
6 | From 2001 through 2500 pounds overweight, the fine is $270 | ||||||
7 | From 2501 through 3000 pounds overweight, the fine is $330 | ||||||
8 | From 3001 through 3500 pounds overweight, the fine is $520 | ||||||
9 | From 3501 through 4000 pounds overweight, the fine is $600 | ||||||
10 | From 4001 through 4500 pounds overweight, the fine is $850 | ||||||
11 | From 4501 through 5000 pounds overweight, the fine is $950 | ||||||
12 | From 5001 or more pounds overweight, the fine shall be computed | ||||||
13 | by assessing $1500 for the first 5000 pounds overweight and | ||||||
14 | $150 for each additional increment of 500 pounds overweight or | ||||||
15 | fraction thereof. | ||||||
16 | In addition any person, firm or corporation convicted of 4 | ||||||
17 | or more violations
of Section 15-111 within any 12 month period |
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1 | shall be fined an additional
amount of $5,000 for the fourth | ||||||
2 | and each subsequent conviction within the 12
month period. | ||||||
3 | Provided, however, that with regard to a firm or corporation,
a | ||||||
4 | fourth or subsequent conviction shall mean a fourth or | ||||||
5 | subsequent
conviction attributable to any one employee-driver.
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6 | (b) Whenever any vehicle is operated in violation of the | ||||||
7 | provisions of
Sections 15-102, 15-103 or 15-107, the owner or | ||||||
8 | driver of
such vehicle shall be deemed guilty of such violation | ||||||
9 | and either may be
prosecuted for such violation. Any person, | ||||||
10 | firm or corporation convicted
of any violation of Sections | ||||||
11 | 15-102, 15-103 or 15-107 shall be fined for
the first or second | ||||||
12 | conviction an amount equal to not less than $50 nor
more than | ||||||
13 | $500, and for the third and subsequent convictions by the same
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14 | person, firm or corporation within a period of one year after | ||||||
15 | the date of
the first offense, not less than $500 nor more than | ||||||
16 | $1,000.
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17 | (c) All proceeds of the additional fines imposed by this | ||||||
18 | amendatory Act of the 96th General Assembly shall be deposited | ||||||
19 | into the Capital Projects Fund. | ||||||
20 | (Source: P.A. 96-34, eff. 1-1-10; 96-1000, eff. 7-2-10; 97-201, | ||||||
21 | eff. 1-1-12.)
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22 | (Text of Section after amendment by P.A. 100-987 )
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23 | Sec. 15-113. Violations; Penalties.
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24 | (a) Whenever any vehicle is operated in violation of the | ||||||
25 | provisions of
Section 15-111 or subsection (d) of Section |
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1 | 3-401, the owner or driver of such
vehicle shall be deemed | ||||||
2 | guilty of such violation and either the owner or the
driver of | ||||||
3 | such vehicle may be prosecuted for such violation.
Any person | ||||||
4 | charged with a violation of any of these provisions who pleads | ||||||
5 | not
guilty shall be present in court for the trial on the | ||||||
6 | charge.
Any person, firm , or corporation convicted of any | ||||||
7 | violation of
Section 15-111 including, but not limited to, a | ||||||
8 | maximum axle or gross limit
specified on a regulatory sign | ||||||
9 | posted in accordance with paragraph (e) or (f) of Section | ||||||
10 | 15-111, shall be fined according to the following schedule:
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11 | Up to and including 2000 pounds overweight, the fine is $100 | ||||||
12 | From 2001 through 2500 pounds overweight, the fine is $270 | ||||||
13 | From 2501 through 3000 pounds overweight, the fine is $330 | ||||||
14 | From 3001 through 3500 pounds overweight, the fine is $520 | ||||||
15 | From 3501 through 4000 pounds overweight, the fine is $600 | ||||||
16 | From 4001 through 4500 pounds overweight, the fine is $850 | ||||||
17 | From 4501 through 5000 pounds overweight, the fine is $950 | ||||||
18 | From 5001 or more pounds overweight, the fine shall be computed |
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1 | by assessing $1500 for the first 5000 pounds overweight and | ||||||
2 | $150 for each additional increment of 500 pounds overweight or | ||||||
3 | fraction thereof. | ||||||
4 | In addition , any person, firm , or corporation convicted of | ||||||
5 | 4 or more violations
of Section 15-111 within any 12 month | ||||||
6 | period shall be fined an additional
amount of $5,000 for the | ||||||
7 | fourth and each subsequent conviction within the 12
month | ||||||
8 | period. Provided, however, that with regard to a firm or | ||||||
9 | corporation,
a fourth or subsequent conviction shall mean a | ||||||
10 | fourth or subsequent
conviction attributable to any one | ||||||
11 | employee-driver.
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12 | (b) Whenever any vehicle is operated in violation of the | ||||||
13 | provisions of
Sections 15-102, 15-103 or 15-107, the owner or | ||||||
14 | driver of
such vehicle shall be deemed guilty of such violation | ||||||
15 | and either may be
prosecuted for such violation. Any person, | ||||||
16 | firm , or corporation convicted
of any violation of Sections | ||||||
17 | 15-102, 15-103 or 15-107 shall be fined for
the first or second | ||||||
18 | conviction an amount equal to not less than $50 nor
more than | ||||||
19 | $500, and for the third and subsequent convictions by the same
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20 | person, firm , or corporation within a period of one year after | ||||||
21 | the date of
the first offense, not less than $500 nor more than | ||||||
22 | $1,000.
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23 | (c) All proceeds equal to 50% of the fines recovered | ||||||
24 | imposed under subsection (a) of this Section shall be remitted | ||||||
25 | to the State Treasurer and deposited into the Capital Projects |
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1 | Fund. | ||||||
2 | (Source: P.A. 100-987, eff. 7-1-19.)
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3 | Section 10. The Clerks of Courts Act is amended by changing | ||||||
4 | Section 27.1b and by adding Section 27.1c as follows: | ||||||
5 | (705 ILCS 105/27.1b) | ||||||
6 | (This Section may contain text from a Public Act with a | ||||||
7 | delayed effective date ) | ||||||
8 | (Section scheduled to be repealed on December 31, 2019) | ||||||
9 | Sec. 27.1b. Circuit court clerk fees. Notwithstanding any | ||||||
10 | other provision of law, all fees charged by the clerks of the | ||||||
11 | circuit court for the services described in this Section shall | ||||||
12 | be established, collected, and disbursed in accordance with | ||||||
13 | this Section. Except as otherwise specified in this Section, | ||||||
14 | all fees under this Section shall be paid in advance and | ||||||
15 | disbursed by each clerk on a monthly basis. In a county with a | ||||||
16 | population of over 3,000,000, units of local government and | ||||||
17 | school districts shall not be required to pay fees under this | ||||||
18 | Section in advance and the clerk shall instead send an itemized | ||||||
19 | bill to the unit of local government or school district, within | ||||||
20 | 30 days of the fee being incurred, and the unit of local | ||||||
21 | government or school district shall be allowed at least 30 days | ||||||
22 | from the date of the itemized bill to pay; these payments shall | ||||||
23 | be disbursed by each clerk on a monthly basis. Unless otherwise | ||||||
24 | specified in this Section, the amount of a fee shall be |
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1 | determined by ordinance or resolution of the county board and | ||||||
2 | remitted to the county treasurer to be used for purposes | ||||||
3 | related to the operation of the court system in the county. In | ||||||
4 | a county with population of over 3,000,000, any amount retained | ||||||
5 | by the clerk of the circuit court or remitted to the county | ||||||
6 | treasurer shall be subject to appropriation by the county | ||||||
7 | board. | ||||||
8 | (a) Civil cases. The fee for filing a complaint, petition, | ||||||
9 | or other pleading initiating a civil action shall be as set | ||||||
10 | forth in the applicable schedule under this subsection in | ||||||
11 | accordance with case categories established by the Supreme | ||||||
12 | Court in schedules. | ||||||
13 | (1) SCHEDULE 1: not to exceed a total of $366 in a | ||||||
14 | county with a population of 3,000,000 or more and not to | ||||||
15 | exceed $316 in any other county, except as applied to units | ||||||
16 | of local government and school districts in counties with | ||||||
17 | more than 3,000,000 inhabitants an amount not to exceed | ||||||
18 | $190 through December 31, 2021 and $184 on and after | ||||||
19 | January 1, 2022. The fees collected under this schedule | ||||||
20 | shall be disbursed as follows: | ||||||
21 | (A) The clerk shall retain a sum, in an amount not | ||||||
22 | to exceed $55 in a county with a population of | ||||||
23 | 3,000,000 or more and in an amount not to exceed $45 in | ||||||
24 | any other county determined by the clerk with the | ||||||
25 | approval of the Supreme Court, to be used for court | ||||||
26 | automation, court document storage, and administrative |
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1 | purposes. | ||||||
2 | (B) The clerk shall remit up to $21 to the State | ||||||
3 | Treasurer. The State Treasurer shall deposit the | ||||||
4 | appropriate amounts, in accordance with the clerk's | ||||||
5 | instructions, as follows: | ||||||
6 | (i) up to $10, as specified by the Supreme | ||||||
7 | Court in accordance with Part 10A of Article II of | ||||||
8 | the Code of Civil Procedure, into the Mandatory | ||||||
9 | Arbitration Fund; | ||||||
10 | (ii) $2 into the Access to Justice Fund; and | ||||||
11 | (iii) $9 into the Supreme Court Special | ||||||
12 | Purposes Fund. | ||||||
13 | (C) The clerk shall remit a sum to the County | ||||||
14 | Treasurer, in an amount not to exceed $290 in a county | ||||||
15 | with a population of 3,000,000 or more and in an amount | ||||||
16 | not to exceed $250 in any other county, as specified by | ||||||
17 | ordinance or resolution passed by the county board, for | ||||||
18 | purposes related to the operation of the court system | ||||||
19 | in the county. | ||||||
20 | (2) SCHEDULE 2: not to exceed a total of $357 in a | ||||||
21 | county with a population of 3,000,000 or more and not to | ||||||
22 | exceed $266 in any other county, except as applied to units | ||||||
23 | of local government and school districts in counties with | ||||||
24 | more than 3,000,000 inhabitants an amount not to exceed | ||||||
25 | $190 through December 31, 2021 and $184 on and after | ||||||
26 | January 1, 2022. The fees collected under this schedule |
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1 | shall be disbursed as follows: | ||||||
2 | (A) The clerk shall retain a sum, in an amount not | ||||||
3 | to exceed $55 in a county with a population of | ||||||
4 | 3,000,000 or more and in an amount not to exceed $45 in | ||||||
5 | any other county determined by the clerk with the | ||||||
6 | approval of the Supreme Court, to be used for court | ||||||
7 | automation, court document storage, and administrative | ||||||
8 | purposes. | ||||||
9 | (B) The clerk shall remit up to $21 to the State | ||||||
10 | Treasurer. The State Treasurer shall deposit the | ||||||
11 | appropriate amounts, in accordance with the clerk's | ||||||
12 | instructions, as follows: | ||||||
13 | (i) up to $10, as specified by the Supreme | ||||||
14 | Court in accordance with Part 10A of Article II of | ||||||
15 | the Code of Civil Procedure, into the Mandatory | ||||||
16 | Arbitration Fund; | ||||||
17 | (ii) $2 into the Access to Justice Fund: and | ||||||
18 | (iii) $9 into the Supreme Court Special | ||||||
19 | Purposes Fund. | ||||||
20 | (C) The clerk shall remit a sum to the County | ||||||
21 | Treasurer, in an amount not to exceed $281 in a county | ||||||
22 | with a population of 3,000,000 or more and in an amount | ||||||
23 | not to exceed $200 in any other county, as specified by | ||||||
24 | ordinance or resolution passed by the county board, for | ||||||
25 | purposes related to the operation of the court system | ||||||
26 | in the county. |
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1 | (3) SCHEDULE 3: not to exceed a total of $265 in a | ||||||
2 | county with a population of 3,000,000 or more and not to | ||||||
3 | exceed $89 in any other county, except as applied to units | ||||||
4 | of local government and school districts in counties with | ||||||
5 | more than 3,000,000 inhabitants an amount not to exceed | ||||||
6 | $190 through December 31, 2021 and $184 on and after | ||||||
7 | January 1, 2022. The fees collected under this schedule | ||||||
8 | shall be disbursed as follows: | ||||||
9 | (A) The clerk shall retain a sum, in an amount not | ||||||
10 | to exceed $55 in a county with a population of | ||||||
11 | 3,000,000 or more and in an amount not to exceed $22 in | ||||||
12 | any other county determined by the clerk with the | ||||||
13 | approval of the Supreme Court, to be used for court | ||||||
14 | automation, court document storage, and administrative | ||||||
15 | purposes. | ||||||
16 | (B) The clerk shall remit $11 to the State | ||||||
17 | Treasurer. The State Treasurer shall deposit the | ||||||
18 | appropriate amounts in accordance with the clerk's | ||||||
19 | instructions, as follows: | ||||||
20 | (i) $2 into the Access to Justice Fund; and | ||||||
21 | (ii) $9 into the Supreme Court Special | ||||||
22 | Purposes Fund. | ||||||
23 | (C) The clerk shall remit a sum to the County | ||||||
24 | Treasurer, in an amount not to exceed $199 in a county | ||||||
25 | with a population of 3,000,000 or more and in an amount | ||||||
26 | not to exceed $56 in any other county, as specified by |
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1 | ordinance or resolution passed by the county board, for | ||||||
2 | purposes related to the operation of the court system | ||||||
3 | in the county. | ||||||
4 | (4) SCHEDULE 4: $0. | ||||||
5 | (b) Appearance. The fee for filing an appearance in a civil | ||||||
6 | action, including a cannabis civil law action under the | ||||||
7 | Cannabis Control Act, shall be as set forth in the applicable | ||||||
8 | schedule under this subsection in accordance with case | ||||||
9 | categories established by the Supreme Court in schedules. | ||||||
10 | (1) SCHEDULE 1: not to exceed a total of $230 in a | ||||||
11 | county with a population of 3,000,000 or more and not to | ||||||
12 | exceed $191 in any other county, except as applied to units | ||||||
13 | of local government and school districts in counties with | ||||||
14 | more than 3,000,000 inhabitants an amount not to exceed | ||||||
15 | $75. The fees collected under this schedule shall be | ||||||
16 | disbursed as follows: | ||||||
17 | (A) The clerk shall retain a sum, in an amount not | ||||||
18 | to exceed $50 in a county with a population of | ||||||
19 | 3,000,000 or more and in an amount not to exceed $45 in | ||||||
20 | any other county determined by the clerk with the | ||||||
21 | approval of the Supreme Court, to be used for court | ||||||
22 | automation, court document storage, and administrative | ||||||
23 | purposes. | ||||||
24 | (B) The clerk shall remit up to $21 to the State | ||||||
25 | Treasurer. The State Treasurer shall deposit the | ||||||
26 | appropriate amounts, in accordance with the clerk's |
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1 | instructions, as follows: | ||||||
2 | (i) up to $10, as specified by the Supreme | ||||||
3 | Court in accordance with Part 10A of Article II of | ||||||
4 | the Code of Civil Procedure, into the Mandatory | ||||||
5 | Arbitration Fund; | ||||||
6 | (ii) $2 into the Access to Justice Fund; and | ||||||
7 | (iii) $9 into the Supreme Court Special | ||||||
8 | Purposes Fund. | ||||||
9 | (C) The clerk shall remit a sum to the County | ||||||
10 | Treasurer, in an amount not to exceed $159 in a county | ||||||
11 | with a population of 3,000,000 or more and in an amount | ||||||
12 | not to exceed $125 in any other county, as specified by | ||||||
13 | ordinance or resolution passed by the county board, for | ||||||
14 | purposes related to the operation of the court system | ||||||
15 | in the county. | ||||||
16 | (2) SCHEDULE 2: not to exceed a total of $130 in a | ||||||
17 | county with a population of 3,000,000 or more and not to | ||||||
18 | exceed $109 in any other county, except as applied to units | ||||||
19 | of local government and school districts in counties with | ||||||
20 | more than 3,000,000 inhabitants an amount not to exceed | ||||||
21 | $75. The fees collected under this schedule shall be | ||||||
22 | disbursed as follows: | ||||||
23 | (A) The clerk shall retain a sum, in an amount not | ||||||
24 | to exceed $50 in a county with a population of | ||||||
25 | 3,000,000 or more and in an amount not to exceed $10 in | ||||||
26 | any other county determined by the clerk with the |
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1 | approval of the Supreme Court, to be used for court | ||||||
2 | automation, court document storage, and administrative | ||||||
3 | purposes. | ||||||
4 | (B) The clerk shall remit $9 to the State | ||||||
5 | Treasurer, which the State Treasurer shall deposit | ||||||
6 | into the Supreme Court Special Purpose Fund. | ||||||
7 | (C) The clerk shall remit a sum to the County | ||||||
8 | Treasurer, in an amount not to exceed $71 in a county | ||||||
9 | with a population of 3,000,000 or more and in an amount | ||||||
10 | not to exceed $90 in any other county, as specified by | ||||||
11 | ordinance or resolution passed by the county board, for | ||||||
12 | purposes related to the operation of the court system | ||||||
13 | in the county. | ||||||
14 | (3) SCHEDULE 3: $0. | ||||||
15 | (b-5) Kane County and Will County. In Kane County and Will | ||||||
16 | County civil cases, there is an additional fee of up to $30 as | ||||||
17 | set by the county board under Section 5-1101.3 of the Counties | ||||||
18 | Code to be paid by each party at the time of filing the first | ||||||
19 | pleading, paper, or other appearance; provided that no | ||||||
20 | additional fee shall be required if more than one party is | ||||||
21 | represented in a single pleading, paper, or other appearance. | ||||||
22 | Distribution of fees collected under this subsection (b-5) | ||||||
23 | shall be as provided in Section 5-1101.3 of the Counties Code. | ||||||
24 | (c) Counterclaim or third party complaint. When any | ||||||
25 | defendant files a counterclaim or third party complaint, as | ||||||
26 | part of the defendant's answer or otherwise, the defendant |
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1 | shall pay a filing fee for each counterclaim or third party | ||||||
2 | complaint in an amount equal to the filing fee the defendant | ||||||
3 | would have had to pay had the defendant brought a separate | ||||||
4 | action for the relief sought in the counterclaim or third party | ||||||
5 | complaint, less the amount of the appearance fee, if any, that | ||||||
6 | the defendant has already paid in the action in which the | ||||||
7 | counterclaim or third party complaint is filed. | ||||||
8 | (d) Alias summons. The clerk shall collect a fee not to | ||||||
9 | exceed $6 in a county with a population of 3,000,000 or more | ||||||
10 | and not to exceed $5 in any other county for each alias summons | ||||||
11 | or citation issued by the clerk, except as applied to units of | ||||||
12 | local government and school districts in counties with more | ||||||
13 | than 3,000,000 inhabitants an amount not to exceed $5 for each | ||||||
14 | alias summons or citation issued by the clerk. | ||||||
15 | (e) Jury services. The clerk shall collect, in addition to | ||||||
16 | other fees allowed by law, a sum not to exceed $212.50, as a | ||||||
17 | fee for the services of a jury in every civil action not | ||||||
18 | quasi-criminal in its nature and not a proceeding for the | ||||||
19 | exercise of the right of eminent domain and in every other | ||||||
20 | action wherein the right of trial by jury is or may be given by | ||||||
21 | law. The jury fee shall be paid by the party demanding a jury | ||||||
22 | at the time of filing the jury demand. If the fee is not paid by | ||||||
23 | either party, no jury shall be called in the action or | ||||||
24 | proceeding, and the action or proceeding shall be tried by the | ||||||
25 | court without a jury. | ||||||
26 | (f) Change of venue. In connection with a change of venue: |
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1 | (1) The clerk of the jurisdiction from which the case | ||||||
2 | is transferred may charge a fee, not to exceed $40, for the | ||||||
3 | preparation and certification of the record; and | ||||||
4 | (2) The clerk of the jurisdiction to which the case is | ||||||
5 | transferred may charge the same filing fee as if it were | ||||||
6 | the commencement of a new suit. | ||||||
7 | (g) Petition to vacate or modify. | ||||||
8 | (1) In a proceeding involving a petition to vacate or | ||||||
9 | modify any final judgment or order filed within 30 days | ||||||
10 | after the judgment or order was entered, except for an | ||||||
11 | eviction a forcible entry and detainer case, small claims | ||||||
12 | case, petition to reopen an estate, petition to modify, | ||||||
13 | terminate, or enforce a judgment or order for child or | ||||||
14 | spousal support, or petition to modify, suspend, or | ||||||
15 | terminate an order for withholding, the fee shall not | ||||||
16 | exceed $60 in a county with a population of 3,000,000 or | ||||||
17 | more and shall not exceed $50 in any other county, except | ||||||
18 | as applied to units of local government and school | ||||||
19 | districts in counties with more than 3,000,000 inhabitants | ||||||
20 | an amount not to exceed $50. | ||||||
21 | (2) In a proceeding involving a petition to vacate or | ||||||
22 | modify any final judgment or order filed more than 30 days | ||||||
23 | after the judgment or order was entered, except for a | ||||||
24 | petition to modify, terminate, or enforce a judgment or | ||||||
25 | order for child or spousal support, or petition to modify, | ||||||
26 | suspend, or terminate an order for withholding, the fee |
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1 | shall not exceed $75. | ||||||
2 | (3) In a proceeding involving a motion to vacate or | ||||||
3 | amend a final order, motion to vacate an ex parte judgment, | ||||||
4 | judgment of forfeiture, or "failure to appear" or "failure | ||||||
5 | to comply" notices sent to the Secretary of State, the fee | ||||||
6 | shall equal $40. | ||||||
7 | (h) Appeals preparation. The fee for preparation of a | ||||||
8 | record on appeal shall be based on the number of pages, as | ||||||
9 | follows: | ||||||
10 | (1) if the record contains no more than 100 pages, the | ||||||
11 | fee shall not exceed $70 in a county with a population of | ||||||
12 | 3,000,000 or more and shall not exceed $50 in any other | ||||||
13 | county; | ||||||
14 | (2) if the record contains between 100 and 200 pages, | ||||||
15 | the fee shall not exceed $100; and | ||||||
16 | (3) if the record contains 200 or more pages, the clerk | ||||||
17 | may collect an additional fee not to exceed 25 cents per | ||||||
18 | page. | ||||||
19 | (i) Remands. In any cases remanded to the circuit court | ||||||
20 | from the Supreme Court or the appellate court for a new trial, | ||||||
21 | the clerk shall reinstate the case with either its original | ||||||
22 | number or a new number. The clerk shall not charge any new or | ||||||
23 | additional fee for the reinstatement. Upon reinstatement, the | ||||||
24 | clerk shall advise the parties of the reinstatement. Parties | ||||||
25 | shall have the same right to a jury trial on remand and | ||||||
26 | reinstatement that they had before the appeal, and no |
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1 | additional or new fee or charge shall be made for a jury trial | ||||||
2 | after remand. | ||||||
3 | (j) Garnishment, wage deduction, and citation. In | ||||||
4 | garnishment affidavit, wage deduction affidavit, and citation | ||||||
5 | petition proceedings: | ||||||
6 | (1) if the amount in controversy in the proceeding is | ||||||
7 | not more than $1,000, the fee may not exceed $35 in a | ||||||
8 | county with a population of 3,000,000 or more and may not | ||||||
9 | exceed $15 in any other county, except as applied to units | ||||||
10 | of local government and school districts in counties with | ||||||
11 | more than 3,000,000 inhabitants an amount not to exceed | ||||||
12 | $15; | ||||||
13 | (2) if the amount in controversy in the proceeding is | ||||||
14 | greater than $1,000 and not more than $5,000, the fee may | ||||||
15 | not exceed $45 in a county with a population of 3,000,000 | ||||||
16 | or more and may not exceed $30 in any other county, except | ||||||
17 | as applied to units of local government and school | ||||||
18 | districts in counties with more than 3,000,000 inhabitants | ||||||
19 | an amount not to exceed $30; and | ||||||
20 | (3) if the amount in controversy in the proceeding is | ||||||
21 | greater than $5,000, the fee may not exceed $65 in a county | ||||||
22 | with a population of 3,000,000 or more and may not exceed | ||||||
23 | $50 in any other county, except as applied to units of | ||||||
24 | local government and school districts in counties with more | ||||||
25 | than 3,000,000 inhabitants an amount not to exceed $50. | ||||||
26 | (j-5) Debt collection. In any proceeding to collect a debt |
| |||||||
| |||||||
1 | subject to the exception in item (ii) of subparagraph (A-5) of | ||||||
2 | paragraph (1) of subsection (z) of this Section, the circuit | ||||||
3 | court shall order and the clerk shall collect from each | ||||||
4 | judgment debtor a fee of: | ||||||
5 | (1) $35 if the amount in controversy in the proceeding | ||||||
6 | is not more than $1,000; | ||||||
7 | (2) $45 if the amount in controversy in the proceeding | ||||||
8 | is greater than $1,000 and not more than $5,000; and | ||||||
9 | (3) $65 if the amount in controversy in the proceeding | ||||||
10 | is greater than $5,000. | ||||||
11 | (k) Collections. | ||||||
12 | (1) For all collections made of others, except the | ||||||
13 | State and county and except in maintenance or child support | ||||||
14 | cases, the clerk may collect a fee of up to 2.5% of the | ||||||
15 | amount collected and turned over. | ||||||
16 | (2) In child support and maintenance cases, the clerk | ||||||
17 | may collect an annual fee of up to $36 from the person | ||||||
18 | making payment for maintaining child support records and | ||||||
19 | the processing of support orders to the State of Illinois | ||||||
20 | KIDS system and the recording of payments issued by the | ||||||
21 | State Disbursement Unit for the official record of the | ||||||
22 | Court. This fee is in addition to and separate from amounts | ||||||
23 | ordered to be paid as maintenance or child support and | ||||||
24 | shall be deposited into a Separate Maintenance and Child | ||||||
25 | Support Collection Fund, of which the clerk shall be the | ||||||
26 | custodian, ex officio, to be used by the clerk to maintain |
| |||||||
| |||||||
1 | child support orders and record all payments issued by the | ||||||
2 | State Disbursement Unit for the official record of the | ||||||
3 | Court. The clerk may recover from the person making the | ||||||
4 | maintenance or child support payment any additional cost | ||||||
5 | incurred in the collection of this annual fee. | ||||||
6 | (3) The clerk may collect a fee of $5 for | ||||||
7 | certifications made to the Secretary of State as provided | ||||||
8 | in Section 7-703 of the Illinois Vehicle Code, Family | ||||||
9 | Financial Responsibility Law and this fee these fees shall | ||||||
10 | be deposited into the Separate Maintenance and Child | ||||||
11 | Support Collection Fund. | ||||||
12 | (4) In proceedings
to foreclose the lien of delinquent | ||||||
13 | real estate taxes , State's Attorneys
shall receive a fee of | ||||||
14 | 10%
of the total amount realized from the sale of real | ||||||
15 | estate sold in the
proceedings. The clerk shall collect the | ||||||
16 | fee from the total amount realized from
the sale of the | ||||||
17 | real estate sold in the proceedings and remit to the County | ||||||
18 | Treasurer to be credited to the earnings of the Office of | ||||||
19 | the State's Attorney. | ||||||
20 | (l) Mailing. The fee for the clerk mailing documents shall | ||||||
21 | not exceed $10 plus the cost of postage. | ||||||
22 | (m) Certified copies. The fee for each certified copy of a | ||||||
23 | judgment, after the first copy, shall not exceed $10. | ||||||
24 | (n) Certification, authentication, and reproduction. | ||||||
25 | (1) The fee for each certification or authentication | ||||||
26 | for taking the acknowledgment of a deed or other instrument |
| |||||||
| |||||||
1 | in writing with the seal of office shall not exceed $6. | ||||||
2 | (2) The fee for reproduction of any document contained | ||||||
3 | in the clerk's files shall not exceed: | ||||||
4 | (A) $2 for the first page; | ||||||
5 | (B) 50 cents per page for the next 19 pages; and | ||||||
6 | (C) 25 cents per page for all additional pages. | ||||||
7 | (o) Record search. For each record search, within a | ||||||
8 | division or municipal district, the clerk may collect a search | ||||||
9 | fee not to exceed $6 for each year searched. | ||||||
10 | (p) Hard copy. For each page of hard copy print output, | ||||||
11 | when case records are maintained on an automated medium, the | ||||||
12 | clerk may collect a fee not to exceed $10 in a county with a | ||||||
13 | population of 3,000,000 or more and not to exceed $6 in any | ||||||
14 | other county, except as applied to units of local government | ||||||
15 | and school districts in counties with more than 3,000,000 | ||||||
16 | inhabitants an amount not to exceed $6. | ||||||
17 | (q) Index inquiry and other records. No fee shall be | ||||||
18 | charged for a single plaintiff and defendant index inquiry or | ||||||
19 | single case record inquiry when this request is made in person | ||||||
20 | and the records are maintained in a current automated medium, | ||||||
21 | and when no hard copy print output is requested. The fees to be | ||||||
22 | charged for management records, multiple case records, and | ||||||
23 | multiple journal records may be specified by the Chief Judge | ||||||
24 | pursuant to the guidelines for access and dissemination of | ||||||
25 | information approved by the Supreme Court. | ||||||
26 | (r) Performing a marriage. There shall be a $10 fee for |
| |||||||
| |||||||
1 | performing a marriage in court. | ||||||
2 | (s) Voluntary assignment. For filing each deed of voluntary | ||||||
3 | assignment, the clerk shall collect a fee not to exceed $20. | ||||||
4 | For recording a deed of voluntary assignment, the clerk shall | ||||||
5 | collect a fee not to exceed 50 cents for each 100 words. | ||||||
6 | Exceptions filed to claims presented to an assignee of a debtor | ||||||
7 | who has made a voluntary assignment for the benefit of | ||||||
8 | creditors shall be considered and treated, for the purpose of | ||||||
9 | taxing costs therein, as actions in which the party or parties | ||||||
10 | filing the exceptions shall be considered as party or parties | ||||||
11 | plaintiff, and the claimant or claimants as party or parties | ||||||
12 | defendant, and those parties respectively shall pay to the | ||||||
13 | clerk the same fees as provided by this Section to be paid in | ||||||
14 | other actions. | ||||||
15 | (t) Expungement petition. The clerk may collect a fee not | ||||||
16 | to exceed $60 for each expungement petition filed and an | ||||||
17 | additional fee not to exceed $4 for each certified copy of an | ||||||
18 | order to expunge arrest records. | ||||||
19 | (u) Transcripts of judgment. For the filing of a transcript | ||||||
20 | of judgment, the clerk may collect the same fee as if it were | ||||||
21 | the commencement of a new suit. | ||||||
22 | (v) Probate filings. | ||||||
23 | (1) For each account (other than one final account) | ||||||
24 | filed in the estate of a decedent, or ward, the fee shall | ||||||
25 | not exceed $25. | ||||||
26 | (2) For filing a claim in an estate when the amount |
| |||||||
| |||||||
1 | claimed is greater than $150 and not more than $500, the | ||||||
2 | fee shall not exceed $40 in a county with a population of | ||||||
3 | 3,000,000 or more and shall not exceed $25 in any other | ||||||
4 | county; when the amount claimed is greater than $500 and | ||||||
5 | not more than $10,000, the fee shall not exceed $55 in a | ||||||
6 | county with a population of 3,000,000 or more and shall not | ||||||
7 | exceed $40 in any other county; and when the amount claimed | ||||||
8 | is more than $10,000, the fee shall not exceed $75 in a | ||||||
9 | county with a population of 3,000,000 or more and shall not | ||||||
10 | exceed $60 in any other county; except the court in | ||||||
11 | allowing a claim may add to the amount allowed the filing | ||||||
12 | fee paid by the claimant. | ||||||
13 | (3) For filing in an estate a claim, petition, or | ||||||
14 | supplemental proceeding based upon an action seeking | ||||||
15 | equitable relief including the construction or contest of a | ||||||
16 | will, enforcement of a contract to make a will, and | ||||||
17 | proceedings involving testamentary trusts or the | ||||||
18 | appointment of testamentary trustees, the fee shall not | ||||||
19 | exceed $60. | ||||||
20 | (4) There shall be no fee for filing in an estate: (i) | ||||||
21 | the appearance of any person for the purpose of consent; or | ||||||
22 | (ii) the appearance of an executor, administrator, | ||||||
23 | administrator to collect, guardian, guardian ad litem, or | ||||||
24 | special administrator. | ||||||
25 | (5) For each jury demand, the fee shall not exceed | ||||||
26 | $137.50. |
| |||||||
| |||||||
1 | (6) For each certified copy of letters of office, of | ||||||
2 | court order, or other certification, the fee shall not | ||||||
3 | exceed
$2 per page. | ||||||
4 | (7) For each exemplification, the fee shall not exceed | ||||||
5 | $2, plus the fee for certification. | ||||||
6 | (8) The executor, administrator, guardian, petitioner, | ||||||
7 | or other interested person or his or her attorney shall pay | ||||||
8 | the cost of publication by the clerk directly to the | ||||||
9 | newspaper. | ||||||
10 | (9) The person on whose behalf a charge is incurred for | ||||||
11 | witness, court reporter, appraiser, or other miscellaneous | ||||||
12 | fees shall pay the same directly to the person entitled | ||||||
13 | thereto. | ||||||
14 | (10) The executor, administrator, guardian, | ||||||
15 | petitioner, or other interested person or his or her | ||||||
16 | attorney shall pay to the clerk all postage charges | ||||||
17 | incurred by the clerk in mailing petitions, orders, | ||||||
18 | notices, or other documents pursuant to the provisions of | ||||||
19 | the Probate Act of 1975. | ||||||
20 | (w) Corrections of numbers. For correction of the case | ||||||
21 | number, case title, or attorney computer identification | ||||||
22 | number, if required by rule of court, on any document filed in | ||||||
23 | the clerk's office, to be charged against the party that filed | ||||||
24 | the document, the fee shall not exceed $25. | ||||||
25 | (x) Miscellaneous. | ||||||
26 | (1) Interest earned on any fees collected by the clerk |
| |||||||
| |||||||
1 | shall be turned over to the county general fund as an | ||||||
2 | earning of the office. | ||||||
3 | (2) For any check, draft, or other bank instrument | ||||||
4 | returned to the clerk for non-sufficient funds, account | ||||||
5 | closed, or payment stopped, the clerk shall collect a fee | ||||||
6 | of $25. | ||||||
7 | (y) Other fees. Any fees not covered in this Section shall | ||||||
8 | be set by rule or administrative order of the circuit court | ||||||
9 | with the approval of the Administrative Office of the Illinois | ||||||
10 | Courts. The clerk of the circuit court may provide services in | ||||||
11 | connection with the operation of the clerk's office, other than | ||||||
12 | those services mentioned in this Section, as may be requested | ||||||
13 | by the public and agreed to by the clerk and approved by the | ||||||
14 | Chief Judge. Any charges for additional services shall be as | ||||||
15 | agreed to between the clerk and the party making the request | ||||||
16 | and approved by the Chief Judge. Nothing in this subsection | ||||||
17 | shall be construed to require any clerk to provide any service | ||||||
18 | not otherwise required by law. | ||||||
19 | (y-5) Unpaid fees. Unless a court ordered payment schedule | ||||||
20 | is implemented or the fee
requirements of this Section are | ||||||
21 | waived under a court order, the clerk of
the circuit court may | ||||||
22 | add to any unpaid fees and costs under this Section a | ||||||
23 | delinquency
amount equal to 5% of the unpaid fees that remain | ||||||
24 | unpaid after 30 days, 10% of
the unpaid fees that remain unpaid | ||||||
25 | after 60 days, and 15% of the unpaid fees
that remain unpaid | ||||||
26 | after 90 days. Notice to those parties may be made by
signage |
| |||||||
| |||||||
1 | posting or publication. The additional delinquency amounts | ||||||
2 | collected under this Section shall
be deposited into the | ||||||
3 | Circuit Court Clerk Operations and Administration Fund and used | ||||||
4 | to defray additional administrative costs incurred by the clerk | ||||||
5 | of the
circuit court in collecting unpaid fees and costs. | ||||||
6 | (z) Exceptions. | ||||||
7 | (1) No fee authorized by this Section shall apply to: | ||||||
8 | (A) police departments or other law enforcement | ||||||
9 | agencies. In this Section, "law enforcement agency" | ||||||
10 | means: an agency of the State or agency of a unit of | ||||||
11 | local government which is vested by law or ordinance | ||||||
12 | with the duty to maintain public order and to enforce | ||||||
13 | criminal laws or ordinances; the Attorney General; or | ||||||
14 | any State's Attorney; | ||||||
15 | (A-5) any unit of local government or school | ||||||
16 | district, except in counties having a population of | ||||||
17 | 500,000 or more the county board may by resolution set | ||||||
18 | fees for units of local government or school districts | ||||||
19 | no greater than the minimum fees applicable in counties | ||||||
20 | with a population less than 3,000,000; provided | ||||||
21 | however, no fee may be charged to any unit of local | ||||||
22 | government or school district in connection with any | ||||||
23 | action which, in whole or in part, is: (i) to enforce | ||||||
24 | an ordinance; (ii) to collect a debt; or (iii) under | ||||||
25 | the Administrative Review Law; | ||||||
26 | (B) any action instituted by the corporate |
| |||||||
| |||||||
1 | authority of a municipality with more than 1,000,000 | ||||||
2 | inhabitants under Section 11-31-1 of the Illinois | ||||||
3 | Municipal Code and any action instituted under | ||||||
4 | subsection (b) of Section 11-31-1 of the Illinois | ||||||
5 | Municipal Code by a private owner or tenant of real | ||||||
6 | property within 1,200 feet of a dangerous or unsafe | ||||||
7 | building seeking an order compelling the owner or | ||||||
8 | owners of the building to take any of the actions | ||||||
9 | authorized under that subsection; | ||||||
10 | (C) any commitment petition or petition for an | ||||||
11 | order authorizing the administration of psychotropic | ||||||
12 | medication or electroconvulsive therapy under the | ||||||
13 | Mental Health and Developmental Disabilities Code; | ||||||
14 | (D) a petitioner in any order of protection | ||||||
15 | proceeding, including, but not limited to, fees for | ||||||
16 | filing, modifying, withdrawing, certifying, or | ||||||
17 | photocopying petitions for orders of protection, | ||||||
18 | issuing alias summons, any related filing service, or | ||||||
19 | certifying, modifying, vacating, or photocopying any | ||||||
20 | orders of protection; or | ||||||
21 | (E) proceedings for the appointment of a | ||||||
22 | confidential intermediary under the Adoption Act. | ||||||
23 | (2) No fee other than the filing fee contained in the | ||||||
24 | applicable schedule in subsection (a) shall be charged to | ||||||
25 | any person in connection with an adoption proceeding. | ||||||
26 | (3) Upon good cause shown, the court may waive any fees |
| |||||||
| |||||||
1 | associated with a special needs adoption. The term "special | ||||||
2 | needs adoption" has the meaning provided by the Illinois | ||||||
3 | Department of Children and Family Services. | ||||||
4 | (aa) This Section is repealed on January 1, 2021 December | ||||||
5 | 31, 2019 .
| ||||||
6 | (Source: P.A. 100-987, eff. 7-1-19; 100-994, eff. 7-1-19; | ||||||
7 | revised 10-4-18.) | ||||||
8 | (705 ILCS 105/27.1c new) | ||||||
9 | Sec. 27.1c. Assessment report. | ||||||
10 | (a) Not later than February 29, 2020, the clerk of the | ||||||
11 | circuit court shall submit to the Administrative Office of the | ||||||
12 | Illinois Courts a report for the period July 1, 2019 through | ||||||
13 | December 31, 2019 containing, with respect to each of the 4 | ||||||
14 | categories of civil cases established by the Supreme Court | ||||||
15 | pursuant to Section 27.1b of this Act: | ||||||
16 | (1) the total number of cases that were filed; | ||||||
17 | (2) the amount of filing fees that were collected | ||||||
18 | pursuant to subsection (a) of Section 27.1b; | ||||||
19 | (3) the amount of appearance fees that were collected | ||||||
20 | pursuant to subsection (b) of Section 27.1b; | ||||||
21 | (4) the amount of fees collected pursuant to subsection | ||||||
22 | (b-5) of Section 27.1b; | ||||||
23 | (5) the amount of filing fees collected for | ||||||
24 | counterclaims or third party complaints pursuant to | ||||||
25 | subsection (c) of Section 27.1b; |
| |||||||
| |||||||
1 | (6) the nature and amount of any fees collected | ||||||
2 | pursuant to subsection (y) of Section 27.1b; and | ||||||
3 | (7) the number of cases for which, pursuant to Section | ||||||
4 | 5-105 of the Code of Civil Procedure, there were waivers of | ||||||
5 | fees, costs, and charges of 25%, 50%, 75%, or 100%, | ||||||
6 | respectively, and the associated amount of fees, costs, and | ||||||
7 | charges that were waived. | ||||||
8 | (b) The Administrative Office of the Illinois Courts shall | ||||||
9 | publish the reports submitted under this Section on its | ||||||
10 | website. | ||||||
11 | (c) This Section is repealed on January 1, 2021. | ||||||
12 | Section 15. The Criminal and Traffic Assessment Act is | ||||||
13 | amended by changing Sections 1-5, 5-10, 10-5, 15-30, 15-50, | ||||||
14 | 15-52, 15-60, and 15-70 and by adding Section 1-10 as follows:
| ||||||
15 | (705 ILCS 135/1-5)
| ||||||
16 | (This Section may contain text from a Public Act with a | ||||||
17 | delayed effective date ) | ||||||
18 | (Section scheduled to be repealed on January 1, 2021) | ||||||
19 | Sec. 1-5. Definitions. In this Act: | ||||||
20 | "Assessment" means any costs imposed on a defendant under | ||||||
21 | schedules 1 through 13 of this Act. | ||||||
22 | "Business offense" means any offense punishable by a fine | ||||||
23 | in excess of $1,000 and for which a sentence of imprisonment is | ||||||
24 | not an authorized disposition a petty offense for which the |
| |||||||
| |||||||
1 | fine is in excess of $1,000 . | ||||||
2 | "Case" means all charges and counts filed against a single | ||||||
3 | defendant which are being prosecuted as a single proceeding | ||||||
4 | before the court. | ||||||
5 | "Count" means each separate offense charged in the same | ||||||
6 | indictment, information, or complaint when the indictment, | ||||||
7 | information, or complaint alleges the commission of more than | ||||||
8 | one offense. | ||||||
9 | "Conservation offense" means any violation of the | ||||||
10 | following Acts, Codes, or ordinances, except any offense | ||||||
11 | punishable upon conviction by imprisonment in the | ||||||
12 | penitentiary: | ||||||
13 | (1) Fish and Aquatic Life Code; | ||||||
14 | (2) Wildlife Code; | ||||||
15 | (3) Boat Registration and Safety Act; | ||||||
16 | (4) Park District Code; | ||||||
17 | (5) Chicago Park District Act; | ||||||
18 | (6) State Parks Act; | ||||||
19 | (7) State Forest Act; | ||||||
20 | (8) Forest Fire Protection District Act; | ||||||
21 | (9) Snowmobile Registration and Safety Act; | ||||||
22 | (10) Endangered Species Protection Act; | ||||||
23 | (11) Forest Products Transportation Act; | ||||||
24 | (12) Timber Buyers Licensing Act; | ||||||
25 | (13) Downstate Forest Preserve District Act; | ||||||
26 | (14) Exotic Weed Act; |
| |||||||
| |||||||
1 | (15) Ginseng Harvesting Act; | ||||||
2 | (16) Cave Protection Act; | ||||||
3 | (17) ordinances adopted under the Counties Code for the | ||||||
4 | acquisition of property for parks or recreational areas; | ||||||
5 | (18) Recreational Trails of Illinois Act; | ||||||
6 | (19) Herptiles-Herps Act; or | ||||||
7 | (20) any rule, regulation, proclamation, or ordinance | ||||||
8 | adopted under any Code or Act named in paragraphs (1) | ||||||
9 | through (19) of this definition. | ||||||
10 | "Conviction" means a judgment of conviction or sentence | ||||||
11 | entered upon a plea of guilty or upon a verdict or finding of | ||||||
12 | guilty of an offense, rendered by a legally constituted jury or | ||||||
13 | by a court of competent jurisdiction authorized to try the case | ||||||
14 | without a jury. | ||||||
15 | "Drug offense" means any violation of the Cannabis Control | ||||||
16 | Act, the Illinois Controlled Substances Act, the | ||||||
17 | Methamphetamine Control and Community Protection Act, or any | ||||||
18 | similar local ordinance which involves the possession or | ||||||
19 | delivery of a drug.
| ||||||
20 | "Drug-related emergency response" means the act of | ||||||
21 | collecting evidence from or securing a site where controlled | ||||||
22 | substances were manufactured, or where by-products from the | ||||||
23 | manufacture of controlled substances are present, and cleaning | ||||||
24 | up the site, whether these actions are performed by public | ||||||
25 | entities or private contractors paid by public entities. | ||||||
26 | "Electronic citation" means the process of transmitting |
| |||||||
| |||||||
1 | traffic, misdemeanor, municipal ordinance, conservation, or | ||||||
2 | other citations and law enforcement data via electronic means | ||||||
3 | to a circuit court clerk. | ||||||
4 | "Emergency response" means any incident requiring a | ||||||
5 | response by a police officer, an ambulance, a firefighter | ||||||
6 | carried on the rolls of a regularly constituted fire department | ||||||
7 | or fire protection district, a firefighter of a volunteer fire | ||||||
8 | department, or a member of a recognized not-for-profit rescue | ||||||
9 | or emergency medical service provider. "Emergency response" | ||||||
10 | does not include a drug-related emergency response. | ||||||
11 | "Felony offense" means an offense for which a sentence to a | ||||||
12 | term of imprisonment in a penitentiary for one year or more is | ||||||
13 | provided. | ||||||
14 | "Fine" means a pecuniary punishment for a conviction or | ||||||
15 | supervision disposition as ordered by a court of law. | ||||||
16 | "Highest classified offense" means the offense in the case | ||||||
17 | which carries the most severe potential disposition under | ||||||
18 | Article 4.5 of Chapter V of the Unified Code of Corrections. | ||||||
19 | "Major traffic offense" means a traffic offense , as defined | ||||||
20 | by paragraph (f) of Supreme Court Rule 501, under the Illinois | ||||||
21 | Vehicle Code or a similar provision of a local ordinance other | ||||||
22 | than a petty offense or business offense. | ||||||
23 | "Minor traffic offense" means a traffic offense, as defined | ||||||
24 | by paragraph (f) of Supreme Court Rule 501, that is a petty
| ||||||
25 | offense or business offense under the Illinois Vehicle Code or | ||||||
26 | a similar provision of a local ordinance . |
| |||||||
| |||||||
1 | "Misdemeanor offense" means any offense for which a | ||||||
2 | sentence to a term of imprisonment in other than a penitentiary | ||||||
3 | for less than one year may be imposed. | ||||||
4 | "Offense" means a violation of any local ordinance or penal | ||||||
5 | statute of this State. | ||||||
6 | "Petty offense" means any offense punishable by a fine of | ||||||
7 | up to $1,000 and for which a sentence of imprisonment is not an | ||||||
8 | authorized disposition.
| ||||||
9 | "Service provider costs" means costs incurred as a result | ||||||
10 | of services provided by an entity including, but not limited | ||||||
11 | to, traffic safety programs, laboratories, ambulance | ||||||
12 | companies, and fire departments. "Service provider costs" | ||||||
13 | includes conditional amounts under this Act that are | ||||||
14 | reimbursements for services provided. | ||||||
15 | "Street value" means the amount determined by the court on | ||||||
16 | the basis of testimony
of law enforcement personnel and the | ||||||
17 | defendant as to the amount of drug or materials seized and
any | ||||||
18 | testimony as may be required by the court as to the current | ||||||
19 | street
value of the cannabis, controlled substance, | ||||||
20 | methamphetamine or salt of an optical isomer of | ||||||
21 | methamphetamine, or methamphetamine manufacturing materials | ||||||
22 | seized. | ||||||
23 | "Supervision" means a disposition of conditional and | ||||||
24 | revocable release without probationary supervision, but under | ||||||
25 | the conditions and reporting requirements as are imposed by the | ||||||
26 | court, at the successful conclusion of which disposition the |
| |||||||
| |||||||
1 | defendant is discharged and a judgment dismissing the charges | ||||||
2 | is entered.
| ||||||
3 | (Source: P.A. 100-987, eff. 7-1-19; 100-994, eff. 7-1-19; | ||||||
4 | revised 10-4-18.) | ||||||
5 | (705 ILCS 135/1-10 new) | ||||||
6 | Sec. 1-10. Assessment reports. | ||||||
7 | (a) Not later than February 29, 2020, the clerk of the | ||||||
8 | circuit court
shall file with the Administrative Office of the | ||||||
9 | Illinois Courts: | ||||||
10 | (1) a report for the period July 1, 2019 through | ||||||
11 | December 31, 2019 containing the total number of cases | ||||||
12 | filed in the following categories: total felony cases; | ||||||
13 | felony driving under the influence of alcohol, drugs, or a | ||||||
14 | combination thereof; cases that contain at least one count | ||||||
15 | of driving under the influence of alcohol, drugs, or a | ||||||
16 | combination thereof; felony cases that contain at least one | ||||||
17 | count of a drug offense; felony cases that contain at least | ||||||
18 | one count of a sex offense; total misdemeanor cases; | ||||||
19 | misdemeanor driving under the influence of alcohol, drugs, | ||||||
20 | or a combination thereof cases; misdemeanor cases that | ||||||
21 | contain at least one count of a drug offense; misdemeanor | ||||||
22 | cases that contain at least one count of a sex offense; | ||||||
23 | total traffic offense counts; traffic offense counts of a | ||||||
24 | misdemeanor offense under the Illinois Vehicle Code; | ||||||
25 | traffic offense counts of an overweight offense under the |
| |||||||
| |||||||
1 | Illinois Vehicle Code; traffic offense counts that are | ||||||
2 | satisfied under Supreme Court Rule 529; conservation | ||||||
3 | cases; and ordinance cases that do not contain an offense | ||||||
4 | under the Illinois Vehicle Code; | ||||||
5 | (2) a report for the period July 1, 2019 through | ||||||
6 | December 31, 2019 containing the following for each | ||||||
7 | schedule referenced in Sections 15-5 through 15-70 of this | ||||||
8 | Act: the number of offenses for which assessments were | ||||||
9 | imposed; the amount of any fines imposed in addition to | ||||||
10 | assessments; the number and amount of conditional | ||||||
11 | assessments ordered pursuant to Section 15-70; and for 25%, | ||||||
12 | 50%, 75%, and 100% waivers, respectively, the number of | ||||||
13 | offenses for which waivers were granted and the associated | ||||||
14 | amount of assessments that were waived; and | ||||||
15 | (3) a report for the period July 1, 2019 through | ||||||
16 | December 31, 2019 containing, with respect to each schedule | ||||||
17 | referenced in Sections 15-5 through 15-70 of this Act, the | ||||||
18 | number of offenses for which assessments were collected; | ||||||
19 | the number of offenses for which fines were collected and | ||||||
20 | the amount collected; and how much was disbursed to each | ||||||
21 | fund under the disbursement requirements for each schedule | ||||||
22 | defined in Section 15-5. | ||||||
23 | (b) The Administrative Office of the Illinois Courts shall | ||||||
24 | publish the reports submitted under this Section on its | ||||||
25 | website. | ||||||
26 | (c) A list of offenses that qualify as drug offenses for |
| |||||||
| |||||||
1 | Schedules 3 and 7 and a list of offenses that qualify as sex | ||||||
2 | offenses for Schedules 4 and 8 shall be distributed to clerks | ||||||
3 | of the circuit court by the Administrative Office of the | ||||||
4 | Illinois Courts. | ||||||
5 | (705 ILCS 135/5-10) | ||||||
6 | (This Section may contain text from a Public Act with a | ||||||
7 | delayed effective date )
| ||||||
8 | (Section scheduled to be repealed on January 1, 2021) | ||||||
9 | Sec. 5-10. Schedules; payment.
| ||||||
10 | (a) In each case, the court shall order an assessment at | ||||||
11 | the time of sentencing , as set forth in this Act, for a | ||||||
12 | defendant to pay in addition to any fine, restitution, or | ||||||
13 | forfeiture ordered by the court when the defendant is convicted | ||||||
14 | of, pleads guilty to, or is placed on court supervision for a | ||||||
15 | violation of a statute of this State or a similar local | ||||||
16 | ordinance. The court may order a fine, restitution, or | ||||||
17 | forfeiture on any violation that is being sentenced but shall | ||||||
18 | order only one assessment from the Schedule of Assessments 1 | ||||||
19 | through 13 of this Act for all sentenced violations in a case, | ||||||
20 | that being the schedule applicable to the highest classified | ||||||
21 | offense violation that is being sentenced, plus any conditional | ||||||
22 | assessments under Section 15-70 of this Act applicable to any | ||||||
23 | sentenced violation in the case. | ||||||
24 | (b) If the court finds that the schedule of assessments | ||||||
25 | will cause an undue burden on any victim in a case or if the |
| |||||||
| |||||||
1 | court orders community service or some other punishment in | ||||||
2 | place of the applicable schedule of assessments, the court may | ||||||
3 | reduce the amount set forth in the applicable schedule of | ||||||
4 | assessments or not order the applicable schedule of | ||||||
5 | assessments. If the court reduces the amount set forth in the | ||||||
6 | applicable schedule of assessments, then all recipients of the | ||||||
7 | funds collected will receive a prorated amount to reflect the | ||||||
8 | reduction. | ||||||
9 | (c) The court may order the assessments to be paid | ||||||
10 | forthwith or within a specified period of time or in | ||||||
11 | installments. | ||||||
12 | (c-3) Excluding any ordered conditional assessment, if
the | ||||||
13 | assessment is not paid within the period of probation, | ||||||
14 | conditional
discharge, or supervision to which the defendant | ||||||
15 | was originally sentenced,
the court may extend the period of | ||||||
16 | probation, conditional discharge, or
supervision under Section | ||||||
17 | 5-6-2 or 5-6-3.1 of the Unified Code of
Corrections, as | ||||||
18 | applicable, until the assessment is paid or until
successful | ||||||
19 | completion of public or community service set forth in
| ||||||
20 | subsection (b) of Section 5-20 of this Act or the successful | ||||||
21 | completion of the substance abuse
intervention or treatment | ||||||
22 | program set forth in subsection (c-5) of this Section. | ||||||
23 | (c-5) Excluding any ordered conditional assessment, the | ||||||
24 | court may suspend the collection of the assessment; provided, | ||||||
25 | the defendant agrees to enter a substance
abuse intervention or | ||||||
26 | treatment program approved by the court; and further
provided |
| |||||||
| |||||||
1 | that the defendant agrees to pay for all or some portion of the
| ||||||
2 | costs associated with the intervention or treatment program. In | ||||||
3 | this case,
the collection of the assessment shall be
suspended | ||||||
4 | during the defendant's participation in the approved
| ||||||
5 | intervention or treatment program. Upon successful
completion | ||||||
6 | of the program, the defendant may apply to the court to reduce
| ||||||
7 | the assessment imposed under this Section by any amount | ||||||
8 | actually paid
by the defendant for his or her participation in | ||||||
9 | the program. The court shall not
reduce the assessment under | ||||||
10 | this subsection unless the defendant
establishes to the | ||||||
11 | satisfaction of the court that he or she has successfully
| ||||||
12 | completed the intervention or treatment program. If the | ||||||
13 | defendant's
participation is for any reason terminated before | ||||||
14 | his or her successful completion
of the intervention or | ||||||
15 | treatment program, collection of the entire
assessment imposed | ||||||
16 | under this Act shall be enforced. Nothing in this
Section shall | ||||||
17 | be deemed to affect or suspend any other fines, restitution
| ||||||
18 | costs, forfeitures, or assessments imposed under this or any | ||||||
19 | other Act. | ||||||
20 | (d) Except as provided in Section 5-15 of this Act, the | ||||||
21 | defendant shall pay to the clerk of the court and the clerk | ||||||
22 | shall remit the assessment to the appropriate entity as set | ||||||
23 | forth in the ordered schedule of assessments within one month | ||||||
24 | of its receipt. | ||||||
25 | (e) Unless a court ordered payment schedule is implemented | ||||||
26 | or the assessment
requirements of this Act are waived under a |
| |||||||
| |||||||
1 | court order, the clerk of
the circuit court may add to any | ||||||
2 | unpaid assessments under this Act a delinquency
amount equal to | ||||||
3 | 5% of the unpaid assessments that remain unpaid after 30 days, | ||||||
4 | 10% of
the unpaid assessments that remain unpaid after 60 days, | ||||||
5 | and 15% of the unpaid assessments
that remain unpaid after 90 | ||||||
6 | days. Notice to those parties may be made by
signage posting or | ||||||
7 | publication. The additional delinquency amounts collected | ||||||
8 | under this Section shall
be deposited into the Circuit Clerk | ||||||
9 | Operations and Administration Fund and used to defray | ||||||
10 | additional administrative costs incurred by the clerk of the
| ||||||
11 | circuit court in collecting unpaid assessments.
| ||||||
12 | (Source: P.A. 100-987, eff. 7-1-19.) | ||||||
13 | (705 ILCS 135/10-5) | ||||||
14 | (This Section may contain text from a Public Act with a | ||||||
15 | delayed effective date )
| ||||||
16 | (Section scheduled to be repealed on January 1, 2021) | ||||||
17 | Sec. 10-5. Funds.
| ||||||
18 | (a) All money collected by the Clerk of the Circuit Court | ||||||
19 | under Article 15 of this Act shall be remitted as directed in | ||||||
20 | Article 15 of this Act to the county treasurer, to the State | ||||||
21 | Treasurer, and to the treasurers of the units of local | ||||||
22 | government. If an amount payable to any of the treasurers is | ||||||
23 | less than $10, the clerk may postpone remitting the money until | ||||||
24 | $10 has accrued or by the end of fiscal year. The treasurers | ||||||
25 | shall deposit the money as indicated in the schedules, except , |
| |||||||
| |||||||
1 | in a county with a population of over 3,000,000 , money monies | ||||||
2 | remitted to the county treasurer shall be subject to | ||||||
3 | appropriation by the county board. Any amount retained by the | ||||||
4 | Clerk of the Circuit Court in a county with population of over | ||||||
5 | 3,000,000 shall be subject to appropriation by the county | ||||||
6 | board. | ||||||
7 | (b) The county treasurer or the treasurer of the unit of | ||||||
8 | local government may create the funds indicated in paragraphs | ||||||
9 | (1) through (5), (9), and (16) of subsection (d) of this | ||||||
10 | Section, if not already in existence. If a county or unit of | ||||||
11 | local government has not instituted, and does not plan to | ||||||
12 | institute a program that uses a particular fund, the treasurer | ||||||
13 | need not create the fund and may instead deposit the money | ||||||
14 | intended for the fund into the general fund of the county or | ||||||
15 | unit of local government for use in financing the court system. | ||||||
16 | (c) If the arresting agency is a State agency, the | ||||||
17 | arresting agency portion shall be remitted by the clerk of | ||||||
18 | court to the State Treasurer who shall deposit the portion as | ||||||
19 | follows: | ||||||
20 | (1) if the arresting agency is the Department of State | ||||||
21 | Police, into the State Police Law Enforcement | ||||||
22 | Administration Fund; | ||||||
23 | (2) if the arresting agency is the Department of | ||||||
24 | Natural Resources, into the Conservation Police Operations | ||||||
25 | Assistance Fund; | ||||||
26 | (3) if the arresting agency is the Secretary of State, |
| |||||||
| |||||||
1 | into the Secretary of State Police Services Fund; and | ||||||
2 | (4) if the arresting agency is the Illinois Commerce | ||||||
3 | Commission, into the Public Utility Fund.
| ||||||
4 | (d) Fund descriptions and provisions: | ||||||
5 | (1) The Court Automation Fund is to defray the expense, | ||||||
6 | borne by the county, of establishing and maintaining | ||||||
7 | automated record keeping systems in the Office of the Clerk | ||||||
8 | of the Circuit Court. The money shall be remitted monthly | ||||||
9 | by the clerk to the county treasurer and identified as | ||||||
10 | funds for the Circuit Court Clerk. The fund shall be | ||||||
11 | audited by the county auditor, and the board shall make | ||||||
12 | expenditures from the fund in payment of any costs related | ||||||
13 | to the automation of court records including hardware, | ||||||
14 | software, research and development costs, and personnel | ||||||
15 | costs related to the foregoing, provided that the | ||||||
16 | expenditure is approved by the clerk of the court and by | ||||||
17 | the chief judge of the circuit court or his or her | ||||||
18 | designee. | ||||||
19 | (2) The Document Storage Fund is to defray the expense, | ||||||
20 | borne by the county, of establishing and maintaining a | ||||||
21 | document storage system and converting the records of the | ||||||
22 | circuit court clerk to electronic or micrographic storage. | ||||||
23 | The money shall be remitted monthly by the clerk to the | ||||||
24 | county treasurer and identified as funds for the circuit | ||||||
25 | court clerk. The fund shall be audited by the county | ||||||
26 | auditor, and the board shall make expenditure from the fund |
| |||||||
| |||||||
1 | in payment of any cost related to the storage of court | ||||||
2 | records, including hardware, software, research and | ||||||
3 | development costs, and personnel costs related to the | ||||||
4 | foregoing, provided that the expenditure is approved by the | ||||||
5 | clerk of the court. | ||||||
6 | (3) The Circuit Clerk Operations and Administration | ||||||
7 | Fund may be used is to defray the expenses incurred for | ||||||
8 | collection and disbursement of the various assessment | ||||||
9 | schedules. The money shall be remitted monthly by the clerk | ||||||
10 | to the county treasurer and identified as funds for the | ||||||
11 | circuit court clerk. | ||||||
12 | (4) The State's Attorney Records Automation Fund is to | ||||||
13 | defray the expense of establishing and maintaining | ||||||
14 | automated record keeping systems in the offices of the | ||||||
15 | State's Attorney. The money shall be remitted monthly by | ||||||
16 | the clerk to the county treasurer for deposit into the | ||||||
17 | State's Attorney Records Automation Fund. Expenditures | ||||||
18 | from this fund may be made by the State's Attorney for | ||||||
19 | hardware, software, and research and development related | ||||||
20 | to automated record keeping systems. | ||||||
21 | (5) The Public Defender Records Automation Fund is to | ||||||
22 | defray the expense of establishing and maintaining | ||||||
23 | automated record keeping systems in the offices of the | ||||||
24 | Public Defender. The money shall be remitted monthly by the | ||||||
25 | clerk to the county treasurer for deposit into the Public | ||||||
26 | Defender Records Automation Fund. Expenditures from this |
| |||||||
| |||||||
1 | fund may be made by the Public Defender for hardware, | ||||||
2 | software, and research and development related to | ||||||
3 | automated record keeping systems. | ||||||
4 | (6) The DUI Fund shall be used for enforcement and | ||||||
5 | prevention of driving while under the influence of alcohol, | ||||||
6 | other drug or drugs, intoxicating compound or compounds or | ||||||
7 | any combination thereof, as defined by Section 11-501 of | ||||||
8 | the Illinois Vehicle Code, including, but not limited to, | ||||||
9 | the purchase of law enforcement equipment and commodities | ||||||
10 | that will assist in the prevention of alcohol-related | ||||||
11 | criminal violence throughout the State; police officer | ||||||
12 | training and education in areas related to alcohol-related | ||||||
13 | alcohol related crime, including, but not limited to, DUI | ||||||
14 | training; and police officer salaries, including, but not | ||||||
15 | limited to, salaries for hire-back hire back funding for | ||||||
16 | safety checkpoints, saturation patrols, and liquor store | ||||||
17 | sting operations.
Any moneys received by the Department of | ||||||
18 | State Police shall be deposited into the State Police | ||||||
19 | Operations Assistance Fund and those moneys and moneys in | ||||||
20 | the State Police DUI Fund shall be used to purchase law | ||||||
21 | enforcement equipment that will assist in the prevention of | ||||||
22 | alcohol-related alcohol related criminal violence | ||||||
23 | throughout the State. The money shall be remitted monthly | ||||||
24 | by the clerk to the State or local treasurer for deposit as | ||||||
25 | provided by law. | ||||||
26 | (7) The Trauma Center Fund shall be distributed as |
| |||||||
| |||||||
1 | provided under Section 3.225 of the Emergency Medical | ||||||
2 | Services (EMS) Systems Act. | ||||||
3 | (8) The Probation and Court Services Fund is to be | ||||||
4 | expended as described in Section 15.1 of the Probation and | ||||||
5 | Probation Officers Act. | ||||||
6 | (9) The Circuit Court Clerk Electronic Citation Fund | ||||||
7 | shall have the Circuit Court Clerk as the custodian, ex | ||||||
8 | officio, of the Fund and shall be used to perform the | ||||||
9 | duties required by the office for establishing and | ||||||
10 | maintaining electronic citations. The Fund shall be | ||||||
11 | audited by the county's auditor. | ||||||
12 | (10) The Drug Treatment Fund is a special fund in the | ||||||
13 | State treasury. Moneys in the Fund shall be expended as | ||||||
14 | provided in Section 411.2 of the Illinois Controlled | ||||||
15 | Substances Act. | ||||||
16 | (11) The Violent Crime Victims Assistance Fund is a | ||||||
17 | special fund in the State treasury to provide moneys for | ||||||
18 | the grants to be awarded under the Violent Crime Victims | ||||||
19 | Assistance Act. | ||||||
20 | (12) The Criminal Justice Information Projects Fund | ||||||
21 | shall be appropriated to and administered by the Illinois | ||||||
22 | Criminal Justice Information Authority for distribution to | ||||||
23 | fund Department of State Police drug
task forces and | ||||||
24 | Metropolitan Enforcement Groups, for the costs associated | ||||||
25 | with making grants from the Prescription Pill and Drug | ||||||
26 | Disposal Fund, for undertaking criminal justice |
| |||||||
| |||||||
1 | information projects, and for the operating and other
| ||||||
2 | expenses of the Authority incidental to those criminal | ||||||
3 | justice information projects. The moneys deposited into | ||||||
4 | the Criminal Justice Information Projects Fund under | ||||||
5 | Sections 15-15 and 15-35 of this Act shall be appropriated | ||||||
6 | to and administered by the Illinois Criminal Justice | ||||||
7 | Information Authority for distribution to fund Department | ||||||
8 | of State Police drug
task forces and Metropolitan | ||||||
9 | Enforcement Groups
by dividing the
funds equally by the | ||||||
10 | total number of Department of State Police
drug task forces | ||||||
11 | and Illinois Metropolitan Enforcement Groups. | ||||||
12 | (13) The Sexual Assault Services Fund shall be | ||||||
13 | appropriated to the Department of Public Health. Upon | ||||||
14 | appropriation of moneys from the Sexual Assault Services | ||||||
15 | Fund, the Department of Public Health shall make grants of | ||||||
16 | these moneys to sexual assault organizations with whom the | ||||||
17 | Department has contracts for the purpose of providing | ||||||
18 | community-based services to victims of sexual assault. | ||||||
19 | Grants are in addition to, and are not substitutes for, | ||||||
20 | other grants authorized and made by the Department. | ||||||
21 | (14) The County Jail Medical Costs Fund is to help | ||||||
22 | defray the costs outlined in Section 17 of the County Jail | ||||||
23 | Act. Moneys in the Fund shall be used solely for | ||||||
24 | reimbursement to the county of costs for medical expenses | ||||||
25 | and administration of the Fund. | ||||||
26 | (15) The Prisoner Review Board Vehicle and Equipment |
| |||||||
| |||||||
1 | Fund is a special fund in the State treasury. The Prisoner | ||||||
2 | Review Board shall, subject to appropriation by the General | ||||||
3 | Assembly and approval by the Secretary, use all moneys in | ||||||
4 | the Prisoner Review Board Vehicle and Equipment Fund for | ||||||
5 | the purchase and operation of vehicles and equipment. | ||||||
6 | (16) In each county in which a Children's Advocacy | ||||||
7 | Center provides services, a Child Advocacy Center Fund is , | ||||||
8 | specifically for the operation and administration of the | ||||||
9 | Children's Advocacy Center, from which the county board | ||||||
10 | shall make grants to support the activities and services of | ||||||
11 | the Children's Advocacy Center within that county.
| ||||||
12 | (Source: P.A. 100-987, eff. 7-1-19; revised 10-4-18.) | ||||||
13 | (705 ILCS 135/15-30) | ||||||
14 | (This Section may contain text from a Public Act with a | ||||||
15 | delayed effective date )
| ||||||
16 | (Section scheduled to be repealed on January 1, 2021) | ||||||
17 | Sec. 15-30. SCHEDULE 6; misdemeanor DUI offenses.
| ||||||
18 | SCHEDULE 6: For a misdemeanor under Section 11-501 of the | ||||||
19 | Illinois Vehicle Code, Section 5-7 of the Snowmobile | ||||||
20 | Registration and Safety Act, Section 5-16 of the Boat | ||||||
21 | Registration and Safety Act, or a similar provision of a local | ||||||
22 | ordinance, the Clerk of the Circuit Court shall collect $1,381 | ||||||
23 | and remit as follows: | ||||||
24 | (1)
As the county's portion, $322 to the county treasurer, | ||||||
25 | who shall deposit the money as follows: |
| |||||||
| |||||||
1 | (A) $20 into the Court Automation Fund; | ||||||
2 | (B) $20 into the Court Document Storage Fund; | ||||||
3 | (C) $5 into the Circuit Court Clerk Operation and | ||||||
4 | Administrative Fund; | ||||||
5 | (D) $8 into the Circuit Court Clerk Electronic Citation | ||||||
6 | Fund; | ||||||
7 | (E) $225 into the county's General Fund; | ||||||
8 | (F)
$10 into the Child Advocacy Center Fund; | ||||||
9 | (G) $2 into the State's Attorney Records Automation | ||||||
10 | Fund; | ||||||
11 | (H) $2 into the Public Defenders Records Automation | ||||||
12 | Fund; | ||||||
13 | (I)
$10 into the County Jail Medical Costs Fund; and
| ||||||
14 | (J) $20 into the Probation and Court Services Fund. | ||||||
15 | (2) As the State's portion, $707 to the State Treasurer, | ||||||
16 | who shall deposit the money as follows: | ||||||
17 | (A)
$330 into the State Police Operations Assistance | ||||||
18 | Fund; | ||||||
19 | (B)
$5 into the Drivers Education Fund; | ||||||
20 | (C) $5 into the State Police Merit Board Public Safety | ||||||
21 | Fund; | ||||||
22 | (D)
$100 into the Trauma Center Fund; | ||||||
23 | (E)
$5 into the Spinal Cord Injury Paralysis Cure | ||||||
24 | Research Trust Fund; | ||||||
25 | (F) $22 into the Fire Prevention Fund; | ||||||
26 | (G) $160 into the Traffic and Criminal Conviction |
| |||||||
| |||||||
1 | Surcharge Fund; | ||||||
2 | (H) $5 into the Law Enforcement Camera Grant Fund; and | ||||||
3 | (I) $75 into the Violent Crime Victims Assistance Fund. | ||||||
4 | (3) As the arresting agency's portion, $352 as follows, | ||||||
5 | unless more than one agency is responsible for the arrest in | ||||||
6 | which case the amount shall be remitted to each unit of | ||||||
7 | government equally: | ||||||
8 | (A) if the arresting agency is a local agency , to the | ||||||
9 | treasurer of the unit of local government of the arresting | ||||||
10 | agency, who shall deposit the money as follows: | ||||||
11 | (i)
$2 into the E-citation Fund of the unit of | ||||||
12 | local government; and | ||||||
13 | (ii)
$350 into the DUI Fund of the unit of local | ||||||
14 | government; or | ||||||
15 | (B) as provided in subsection (c) of Section 10-5 of | ||||||
16 | this Act if the arresting agency is a State agency.
| ||||||
17 | (Source: P.A. 100-987, eff. 7-1-19.) | ||||||
18 | (705 ILCS 135/15-50) | ||||||
19 | (This Section may contain text from a Public Act with a | ||||||
20 | delayed effective date )
| ||||||
21 | (Section scheduled to be repealed on January 1, 2021) | ||||||
22 | Sec. 15-50. SCHEDULE 10; minor traffic offenses. | ||||||
23 | SCHEDULE 10: For a minor traffic offense, except those | ||||||
24 | offenses listed in Schedule 10.5, the Clerk of the Circuit | ||||||
25 | Court shall collect $226 plus, if applicable, the amount |
| |||||||
| |||||||
1 | established under paragraph (1.5) of this Section and remit as | ||||||
2 | follows: | ||||||
3 | (1) As the county's portion, $168 to the county treasurer, | ||||||
4 | who shall deposit the money as follows: | ||||||
5 | (A) $20 into the Court Automation Fund; | ||||||
6 | (B) $20 into the Court Document Storage Fund; | ||||||
7 | (C) $5 into the Circuit Court Clerk Operation and | ||||||
8 | Administrative Fund; | ||||||
9 | (D) $8 into the Circuit Court Clerk Electronic Citation | ||||||
10 | Fund; and | ||||||
11 | (E)
$115 into the county's General Fund. | ||||||
12 | (1.5) In a county with a population of 3,000,000 or more, | ||||||
13 | the county board may by ordinance or resolution establish an | ||||||
14 | additional assessment not to exceed $28 to be remitted to the | ||||||
15 | county treasurer of which $5 shall be deposited into the Court | ||||||
16 | Automation Fund, $5 shall be deposited into the Court Document | ||||||
17 | Storage Fund, $2 shall be deposited into the State's Attorneys | ||||||
18 | Records Automation Fund, $2 shall be deposited into the Public | ||||||
19 | Defenders Records Automation Fund, $10 shall be deposited into | ||||||
20 | the Probation and Court Services Fund, and the remainder shall | ||||||
21 | be used for purposes related to the operation of the court | ||||||
22 | system. | ||||||
23 | (2)
As the State's portion, $46 to the State Treasurer, who | ||||||
24 | shall deposit the money as follows: | ||||||
25 | (A)
$10 into the State Police Operations Assistance | ||||||
26 | Fund; |
| |||||||
| |||||||
1 | (B) $5 into the State Police Merit Board Public Safety | ||||||
2 | Fund; | ||||||
3 | (C)
$4 into the Drivers Education Fund; | ||||||
4 | (D) $20 into the Traffic and Criminal Conviction | ||||||
5 | Surcharge Fund; | ||||||
6 | (E) $4 into the Law Enforcement Camera Grant Fund; and | ||||||
7 | (F) $3 into the Violent Crime Victims Assistance Fund. | ||||||
8 | (3)
As the arresting agency's portion, $12, to the | ||||||
9 | treasurer of the unit of local government of the arresting | ||||||
10 | agency, who shall deposit the money as follows: | ||||||
11 | (A) $2 into the E-citation Fund of that unit of local | ||||||
12 | government or as provided in subsection (c) of Section 10-5 | ||||||
13 | of this Act if the arresting agency is a State agency, | ||||||
14 | unless more than one agency is responsible for the arrest | ||||||
15 | in which case the amount shall be remitted to each unit of | ||||||
16 | government equally. | ||||||
17 | (B) $10 into the General Fund of that unit of local | ||||||
18 | government or as provided in subsection (c) of Section 10-5 | ||||||
19 | of this Act if the arresting agency is a State agency, | ||||||
20 | unless more than one agency is responsible for the arrest | ||||||
21 | in which case the amount shall be remitted to each unit of | ||||||
22 | government equally.
| ||||||
23 | (Source: P.A. 100-987, eff. 7-1-19.) | ||||||
24 | (705 ILCS 135/15-52) | ||||||
25 | (This Section may contain text from a Public Act with a |
| |||||||
| |||||||
1 | delayed effective date )
| ||||||
2 | (Section scheduled to be repealed on January 1, 2021) | ||||||
3 | Sec. 15-52. SCHEDULE 10.5; truck weight and load offenses. | ||||||
4 | SCHEDULE 10.5: For offenses an offense under paragraph (1), | ||||||
5 | (2), or (3) of subsection (d) of Section 3-401 , or Section | ||||||
6 | 15-111 , or punishable by fine under Section 15-113.1, 15-113.2, | ||||||
7 | or 15-113.3 of the Illinois Vehicle Code, the Clerk of the | ||||||
8 | Circuit Court shall collect $260 and remit as follows: | ||||||
9 | (1) As the county's portion, $168 to the county treasurer, | ||||||
10 | who shall deposit the money as follows: | ||||||
11 | (A) $20 into the Court Automation Fund; | ||||||
12 | (B) $20 into the Court Document Storage Fund; | ||||||
13 | (C) $5 into the Circuit Court Clerk Operation and | ||||||
14 | Administrative Fund; | ||||||
15 | (D) $8 into the Circuit Court Clerk Electronic Citation | ||||||
16 | Fund; and | ||||||
17 | (E)
$115 into the county's General Fund. | ||||||
18 | (2)
As the State's portion, $92 to the State Treasurer, who | ||||||
19 | shall deposit the money as follows: | ||||||
20 | (A)
$31 into the State Police Merit Board Public Safety | ||||||
21 | Fund, regardless of the type of overweight citation or | ||||||
22 | arresting law enforcement agency; | ||||||
23 | (B) $31 into the Traffic and Criminal Conviction | ||||||
24 | Surcharge Fund; and | ||||||
25 | (C) $30 to the State Police Operations Assistance Fund.
| ||||||
26 | (Source: P.A. 100-987, eff. 7-1-19.) |
| |||||||
| |||||||
1 | (705 ILCS 135/15-60) | ||||||
2 | (This Section may contain text from a Public Act with a | ||||||
3 | delayed effective date )
| ||||||
4 | (Section scheduled to be repealed on January 1, 2021) | ||||||
5 | Sec. 15-60. SCHEDULE 12; dispositions under Supreme Court | ||||||
6 | Rule 529.
| ||||||
7 | SCHEDULE 12: For a disposition under paragraph (a)(1) or | ||||||
8 | (c) of Supreme Court Rule 529, the Clerk of the Circuit Court | ||||||
9 | shall collect $164 and remit the money as follows: | ||||||
10 | (1)
As the county's portion, $100, to the county treasurer, | ||||||
11 | who shall deposit the money as follows: | ||||||
12 | (A) $20 into the Court Automation Fund; | ||||||
13 | (B) $20 into the Court Document Storage Fund; | ||||||
14 | (C) $5 into the Circuit Court Clerk Operation and | ||||||
15 | Administrative Fund; | ||||||
16 | (D) $8 into the Circuit Court Clerk Electronic Citation | ||||||
17 | Fund; and | ||||||
18 | (E)
$47 into the county's General Fund. | ||||||
19 | (2) As the State's portion, $14 to the State Treasurer, who | ||||||
20 | shall deposit the money as follows:
| ||||||
21 | (A)
$3 into the Drivers Education Fund; | ||||||
22 | (B) $2 into the State Police Merit Board Public Safety | ||||||
23 | Fund; | ||||||
24 | (C) $4 into the Traffic and Criminal Conviction | ||||||
25 | Surcharge Fund; |
| |||||||
| |||||||
1 | (D) $1 into the Law Enforcement Camera Grant Fund; and | ||||||
2 | (E) $4 into the Violent Crime Victims Assistance Fund. | ||||||
3 | (3)
As the arresting agency's portion, $50 as follows, | ||||||
4 | unless more than one agency is responsible for the arrest in | ||||||
5 | which case the amount shall be remitted to each unit of | ||||||
6 | government equally: | ||||||
7 | (A) if the arresting agency is a local agency to the | ||||||
8 | treasurer of the unit of local government of the arresting | ||||||
9 | agency, who shall deposit the money as follows: | ||||||
10 | (i)
$2 into the E-citation Fund of the unit of | ||||||
11 | local government; and | ||||||
12 | (ii)
$48 into the General Fund of the unit of local | ||||||
13 | government; or | ||||||
14 | (B) as provided in subsection (c) of Section 10-5 of | ||||||
15 | this Act if the arresting agency is a State agency.
| ||||||
16 | (Source: P.A. 100-987, eff. 7-1-19.) | ||||||
17 | (705 ILCS 135/15-70) | ||||||
18 | (This Section may contain text from a Public Act with a | ||||||
19 | delayed effective date )
| ||||||
20 | (Section scheduled to be repealed on January 1, 2021) | ||||||
21 | Sec. 15-70. Conditional assessments. In addition to | ||||||
22 | payments under one of the Schedule of Assessments 1 through 13 | ||||||
23 | of this Act, the court shall also order payment of any of the | ||||||
24 | following conditional assessment amounts for each sentenced | ||||||
25 | violation in the case to which a conditional assessment is |
| |||||||
| |||||||
1 | applicable, which shall be collected and remitted by the Clerk | ||||||
2 | of the Circuit Court as provided in this Section: | ||||||
3 | (1) arson, residential arson, or aggravated arson, | ||||||
4 | $500 per conviction to the State Treasurer for deposit into | ||||||
5 | the Fire Prevention Fund; | ||||||
6 | (2) child pornography under Section 11-20.1 of the | ||||||
7 | Criminal Code of 1961 or the Criminal Code of 2012, $500 | ||||||
8 | per conviction, unless more than one agency is responsible | ||||||
9 | for the arrest in which case the amount shall be remitted | ||||||
10 | to each unit of government equally: | ||||||
11 | (A) if the arresting agency is an agency of a unit | ||||||
12 | of local government , $500 to the treasurer of the unit | ||||||
13 | of local government for deposit into the unit of local | ||||||
14 | government's General Fund, except that if the | ||||||
15 | Department of State Police provides digital or | ||||||
16 | electronic forensic examination assistance, or both, | ||||||
17 | to the arresting agency then $100 to the State | ||||||
18 | Treasurer for deposit into the State Crime Laboratory | ||||||
19 | Fund; or | ||||||
20 | (B) if the arresting agency is the Department of | ||||||
21 | State Police , $500 remitted to the State Treasurer for | ||||||
22 | deposit into the State Crime Laboratory Fund; | ||||||
23 | (3)
crime laboratory drug analysis for a drug-related | ||||||
24 | offense involving possession or delivery of cannabis or | ||||||
25 | possession or delivery of a controlled substance as defined | ||||||
26 | in the Cannabis Control Act, the Illinois Controlled |
| |||||||
| |||||||
1 | Substances Act, or the Methamphetamine Control and | ||||||
2 | Community Protection Act, $100 reimbursement for | ||||||
3 | laboratory analysis, as set forth in subsection (f) of | ||||||
4 | Section 5-9-1.4 of the Unified Code of Corrections; | ||||||
5 | (4)
DNA analysis, $250 on each conviction in which it | ||||||
6 | was used to the State Treasurer for deposit into the State | ||||||
7 | Offender DNA Identification System Fund as set forth in | ||||||
8 | Section 5-4-3 of the Unified Code of Corrections; | ||||||
9 | (5)
DUI analysis, $150 on each sentenced violation in | ||||||
10 | which it was used as set forth in subsection (f) of Section | ||||||
11 | 5-9-1.9 of the Unified Code of Corrections; | ||||||
12 | (6) drug-related
offense involving possession or | ||||||
13 | delivery of cannabis or possession or delivery
of a | ||||||
14 | controlled substance, other than methamphetamine, as | ||||||
15 | defined in the Cannabis Control Act
or the Illinois | ||||||
16 | Controlled Substances Act, an amount not less than
the full | ||||||
17 | street value of the cannabis or controlled substance seized | ||||||
18 | for each conviction to be disbursed as follows: | ||||||
19 | (A) 12.5% of the street value assessment shall be | ||||||
20 | paid into the Youth Drug Abuse Prevention Fund, to be | ||||||
21 | used by the Department of Human Services for the | ||||||
22 | funding of programs and services for drug-abuse | ||||||
23 | treatment, and prevention and education services; | ||||||
24 | (B) 37.5% to the county in which the charge was | ||||||
25 | prosecuted, to be deposited into the county General | ||||||
26 | Fund; |
| |||||||
| |||||||
1 | (C) 50% to the treasurer of the arresting law | ||||||
2 | enforcement agency of the municipality or county, or to | ||||||
3 | the State Treasurer if the arresting agency was a state | ||||||
4 | agency; | ||||||
5 | (D) if the arrest was made in combination with | ||||||
6 | multiple law enforcement agencies, the clerk shall | ||||||
7 | equitably allocate the portion in subparagraph (C) of | ||||||
8 | this paragraph (6) among the law enforcement agencies | ||||||
9 | involved in the arrest; | ||||||
10 | (6.5) Kane County or Will County, in felony, | ||||||
11 | misdemeanor, local or county ordinance, traffic, or | ||||||
12 | conservation cases, up to $30 as set by the county board | ||||||
13 | under Section 5-1101.3 of the Counties Code upon the entry | ||||||
14 | of a judgment of conviction, an order of supervision, or a | ||||||
15 | sentence of probation without entry of judgment under | ||||||
16 | Section 10 of the Cannabis Control Act, Section 410 of the | ||||||
17 | Illinois Controlled Substances Act, Section 70 of the | ||||||
18 | Methamphetamine Control and Community Protection Act, | ||||||
19 | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of | ||||||
20 | the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
21 | Section 10-102 of the Illinois Alcoholism and Other Drug | ||||||
22 | Dependency Act, or Section 10 of the Steroid Control Act; | ||||||
23 | except in local or county ordinance, traffic, and | ||||||
24 | conservation cases, if fines are paid in full without a | ||||||
25 | court appearance, then the assessment shall not be imposed | ||||||
26 | or collected. Distribution of assessments collected under |
| |||||||
| |||||||
1 | this paragraph (6.5) shall be as provided in Section | ||||||
2 | 5-1101.3 of the Counties Code; | ||||||
3 | (7) methamphetamine-related
offense involving | ||||||
4 | possession or delivery of methamphetamine or any salt of an | ||||||
5 | optical isomer of methamphetamine or possession of a | ||||||
6 | methamphetamine manufacturing material as set forth in | ||||||
7 | Section 10 of the Methamphetamine Control and Community | ||||||
8 | Protection Act with the intent to manufacture a substance | ||||||
9 | containing methamphetamine or salt of an optical isomer of | ||||||
10 | methamphetamine, an amount not less than
the full street | ||||||
11 | value of the methamphetamine or salt of an optical isomer | ||||||
12 | of methamphetamine or methamphetamine manufacturing | ||||||
13 | materials seized for each conviction to be disbursed as | ||||||
14 | follows: | ||||||
15 | (A) 12.5% of the street value assessment shall be | ||||||
16 | paid into the Youth Drug Abuse Prevention Fund, to be | ||||||
17 | used by the Department of Human Services for the | ||||||
18 | funding of programs and services for drug-abuse | ||||||
19 | treatment, and prevention and education services; | ||||||
20 | (B) 37.5% to the county in which the charge was | ||||||
21 | prosecuted, to be deposited into the county General | ||||||
22 | Fund; | ||||||
23 | (C) 50% to the treasurer of the arresting law | ||||||
24 | enforcement agency of the municipality or county, or to | ||||||
25 | the State Treasurer if the arresting agency was a state | ||||||
26 | agency; |
| |||||||
| |||||||
1 | (D) if the arrest was made in combination with | ||||||
2 | multiple law enforcement agencies, the clerk shall | ||||||
3 | equitably allocate the portion in subparagraph (C) of | ||||||
4 | this paragraph (6) among the law enforcement agencies | ||||||
5 | involved in the arrest; | ||||||
6 | (8)
order of protection violation under Section 12-3.4 | ||||||
7 | of the Criminal Code of 2012, $200 for each conviction to | ||||||
8 | the county treasurer for deposit into the Probation and | ||||||
9 | Court Services Fund for implementation of a domestic | ||||||
10 | violence surveillance program and any other assessments or | ||||||
11 | fees imposed under Section 5-9-1.16 of the Unified Code of | ||||||
12 | Corrections; | ||||||
13 | (9)
order of protection violation, $25 for each | ||||||
14 | violation to the State Treasurer, for deposit into the | ||||||
15 | Domestic Violence Abuser Services Fund; | ||||||
16 | (10)
prosecution by the State's Attorney of a: | ||||||
17 | (A) petty or business offense, $4 to the county | ||||||
18 | treasurer of which $2 deposited into the State's | ||||||
19 | Attorney Records Automation Fund and $2 into the Public | ||||||
20 | Defender Records Automation Fund; | ||||||
21 | (B) conservation or traffic offense, $2 to the | ||||||
22 | county treasurer for deposit into the State's Attorney | ||||||
23 | Records Automation Fund; | ||||||
24 | (11) speeding in a construction zone violation, $250 to | ||||||
25 | the State Treasurer for deposit into the Transportation | ||||||
26 | Safety Highway Hire-back Fund, unless (i) the violation |
| |||||||
| |||||||
1 | occurred on a highway other than an interstate highway and | ||||||
2 | (ii) a county police officer wrote the ticket for the | ||||||
3 | violation, in which case to the county treasurer for | ||||||
4 | deposit into that county's Transportation Safety Highway | ||||||
5 | Hire-back Fund; | ||||||
6 | (12) supervision disposition on an offense under the | ||||||
7 | Illinois Vehicle Code or similar provision of a local | ||||||
8 | ordinance, 50 cents, unless waived by the court, into the | ||||||
9 | Prisoner Review Board Vehicle and Equipment Fund; | ||||||
10 | (13) victim and offender are family or household | ||||||
11 | members as defined in Section 103 of the Illinois Domestic | ||||||
12 | Violence Act of 1986 and offender pleads guilty
or no | ||||||
13 | contest to or is convicted of murder, voluntary | ||||||
14 | manslaughter,
involuntary manslaughter, burglary, | ||||||
15 | residential burglary, criminal trespass
to residence, | ||||||
16 | criminal trespass to vehicle, criminal trespass to land,
| ||||||
17 | criminal damage to property, telephone harassment, | ||||||
18 | kidnapping, aggravated
kidnaping, unlawful restraint, | ||||||
19 | forcible detention, child abduction,
indecent solicitation | ||||||
20 | of a child, sexual relations between siblings,
| ||||||
21 | exploitation of a child, child pornography, assault, | ||||||
22 | aggravated assault,
battery, aggravated battery, heinous | ||||||
23 | battery, aggravated battery of a
child, domestic battery, | ||||||
24 | reckless conduct, intimidation, criminal sexual
assault, | ||||||
25 | predatory criminal sexual assault of a child, aggravated | ||||||
26 | criminal
sexual assault, criminal sexual abuse,
aggravated |
| |||||||
| |||||||
1 | criminal sexual abuse, violation of an order of protection,
| ||||||
2 | disorderly conduct, endangering the life or health of a | ||||||
3 | child, child
abandonment, contributing to dependency or | ||||||
4 | neglect of child, or cruelty to
children and others, $200 | ||||||
5 | for each sentenced violation to the State Treasurer
for | ||||||
6 | deposit as follows: (i) for sexual assault, as defined in | ||||||
7 | Section 5-9-1.7 of the Unified Code of Corrections, when
| ||||||
8 | the offender and victim are family members, one-half to the | ||||||
9 | Domestic Violence
Shelter and Service Fund, and one-half to | ||||||
10 | the Sexual Assault Services Fund;
(ii) for the remaining | ||||||
11 | offenses to the Domestic Violence Shelter and Service
Fund; | ||||||
12 | (14)
violation of Section 11-501 of the Illinois | ||||||
13 | Vehicle Code, Section 5-7 of the Snowmobile Registration | ||||||
14 | and Safety Act, Section 5-16 of the Boat Registration and | ||||||
15 | Safety Act, or a similar provision, whose operation of a | ||||||
16 | motor vehicle, snowmobile, or watercraft while in | ||||||
17 | violation of Section 11-501, Section 5-7 of the Snowmobile | ||||||
18 | Registration and Safety Act, Section 5-16 of the Boat | ||||||
19 | Registration and Safety Act, or a similar provision | ||||||
20 | proximately caused an incident resulting in an appropriate | ||||||
21 | emergency response, $1,000 maximum to the public agency | ||||||
22 | that provided an emergency response related to the person's | ||||||
23 | violation, and if more than one
agency responded, the | ||||||
24 | amount payable to public agencies shall be shared equally; | ||||||
25 | (15)
violation of Section 401, 407, or 407.2 of the | ||||||
26 | Illinois Controlled Substances Act that proximately caused |
| |||||||
| |||||||
1 | any incident resulting in an appropriate drug-related | ||||||
2 | emergency response, $1,000 as reimbursement for the | ||||||
3 | emergency response to the law enforcement agency that
made | ||||||
4 | the arrest, and if more than one
agency is responsible for | ||||||
5 | the arrest, the amount payable to law
enforcement agencies | ||||||
6 | shall be shared equally; | ||||||
7 | (16)
violation of reckless driving, aggravated | ||||||
8 | reckless driving, or driving 26 miles per hour or more in | ||||||
9 | excess of the speed limit that triggered an emergency | ||||||
10 | response, $1,000 maximum reimbursement for the emergency | ||||||
11 | response to be distributed in its entirety to a public | ||||||
12 | agency that provided an emergency response related to the | ||||||
13 | person's violation, and if more than one
agency responded, | ||||||
14 | the amount payable to public agencies shall be shared | ||||||
15 | equally; | ||||||
16 | (17) violation based upon each plea of guilty, | ||||||
17 | stipulation of facts, or finding of guilt resulting in a | ||||||
18 | judgment of conviction or order of supervision for an | ||||||
19 | offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of | ||||||
20 | the Criminal Code of 2012 that results in the imposition of | ||||||
21 | a fine, to be distributed as follows:
| ||||||
22 | (A) $50 to the county treasurer for deposit into | ||||||
23 | the Circuit Court Clerk Operation and Administrative | ||||||
24 | Fund to cover the costs in administering this paragraph | ||||||
25 | (17);
| ||||||
26 | (B) $300 to the State Treasurer who shall deposit |
| |||||||
| |||||||
1 | the portion as follows:
| ||||||
2 | (i) if the arresting or investigating agency | ||||||
3 | is the Department of State
Police, into the State | ||||||
4 | Police Law Enforcement Administration Operations | ||||||
5 | Assistance Fund;
| ||||||
6 | (ii) if the arresting or investigating agency | ||||||
7 | is the Department of
Natural Resources, into the | ||||||
8 | Conservation Police Operations Assistance Fund;
| ||||||
9 | (iii) if the arresting or investigating agency | ||||||
10 | is the Secretary of State,
into the Secretary of | ||||||
11 | State Police Services Fund;
| ||||||
12 | (iv) if the arresting or investigating agency | ||||||
13 | is the Illinois Commerce
Commission, into the | ||||||
14 | Public Utility Fund; or
| ||||||
15 | (v) if more than one of the State agencies in | ||||||
16 | this subparagraph (B) is the arresting or | ||||||
17 | investigating agency, then equal shares with the | ||||||
18 | shares deposited as provided in the applicable | ||||||
19 | items (i) through (iv) of this subparagraph (B); | ||||||
20 | and | ||||||
21 | (C) the remainder for deposit into the Specialized | ||||||
22 | Services for Survivors of Human Trafficking Fund; and
| ||||||
23 | (18) weapons violation under Section 24-1.1, 24-1.2, | ||||||
24 | or 24-1.5 of the Criminal Code of 1961 or the Criminal Code | ||||||
25 | of 2012, $100 for each conviction to the State Treasurer | ||||||
26 | for deposit into the Trauma Center Fund.
|
| |||||||
| |||||||
1 | (Source: P.A. 100-987, eff. 7-1-19.) | ||||||
2 | Section 20. The Unified Code of Corrections is amended by | ||||||
3 | changing Sections 5-4.5-50, 5-4.5-55, 5-4.5-60, 5-4.5-65, | ||||||
4 | 5-4.5-75, 5-4.5-80, and 5-9-1.9 as follows: | ||||||
5 | (730 ILCS 5/5-4.5-50) | ||||||
6 | (Text of Section before amendment by P.A. 100-987 ) | ||||||
7 | Sec. 5-4.5-50. SENTENCE PROVISIONS; ALL FELONIES. Except | ||||||
8 | as otherwise provided, for all felonies: | ||||||
9 | (a) NO SUPERVISION. The court, upon a plea of guilty or a | ||||||
10 | stipulation by the defendant of the facts supporting the charge | ||||||
11 | or a finding of guilt, may not defer further proceedings and | ||||||
12 | the imposition of a sentence and may not enter an order for | ||||||
13 | supervision of the defendant. | ||||||
14 | (b) FELONY FINES. An offender may be sentenced to pay a | ||||||
15 | fine not to exceed, for each offense, $25,000 or the amount | ||||||
16 | specified in the offense, whichever is greater, or if the | ||||||
17 | offender is a corporation, $50,000 or the amount specified in | ||||||
18 | the offense, whichever is greater. A fine may be imposed in | ||||||
19 | addition to a sentence of conditional discharge, probation, | ||||||
20 | periodic imprisonment, or imprisonment. See Article 9 of | ||||||
21 | Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of | ||||||
22 | additional amounts and determination of amounts and payment. | ||||||
23 | (c) REASONS FOR SENTENCE STATED. The sentencing judge in | ||||||
24 | each felony conviction shall set forth his or her reasons for |
| |||||||
| |||||||
1 | imposing the particular sentence entered in the case, as | ||||||
2 | provided in Section 5-4-1 (730 ILCS 5/5-4-1). Those reasons may | ||||||
3 | include any mitigating or aggravating factors specified in this | ||||||
4 | Code, or the lack of any such factors, as well as any other | ||||||
5 | mitigating or aggravating factors that the judge sets forth on | ||||||
6 | the record that are consistent with the purposes and principles | ||||||
7 | of sentencing set out in this Code. | ||||||
8 | (d) MOTION TO REDUCE SENTENCE. A motion to reduce a | ||||||
9 | sentence may be made, or the court may reduce a sentence | ||||||
10 | without motion, within 30 days after the sentence is imposed. A | ||||||
11 | defendant's challenge to the correctness of a sentence or to | ||||||
12 | any aspect of the sentencing hearing shall be made by a written | ||||||
13 | motion filed with the circuit court clerk within 30 days | ||||||
14 | following the imposition of sentence. A motion not filed within | ||||||
15 | that 30-day period is not timely. The court may not increase a | ||||||
16 | sentence once it is imposed. A notice of motion must be filed | ||||||
17 | with the motion. The notice of motion shall set the motion on | ||||||
18 | the court's calendar on a date certain within a reasonable time | ||||||
19 | after the date of filing. | ||||||
20 | If a motion filed pursuant to this subsection is timely | ||||||
21 | filed, the proponent of the motion shall exercise due diligence | ||||||
22 | in seeking a determination on the motion and the court shall | ||||||
23 | thereafter decide the motion within a reasonable time. | ||||||
24 | If a motion filed pursuant to this subsection is timely | ||||||
25 | filed, then for purposes of perfecting an appeal, a final | ||||||
26 | judgment is not considered to have been entered until the |
| |||||||
| |||||||
1 | motion to reduce the sentence has been decided by order entered | ||||||
2 | by the trial court. | ||||||
3 | (e) CONCURRENT SENTENCE; PREVIOUS UNEXPIRED FEDERAL OR | ||||||
4 | OTHER-STATE SENTENCE. A defendant who has a previous and | ||||||
5 | unexpired sentence of imprisonment imposed by another state or | ||||||
6 | by any district court of the United States and who, after | ||||||
7 | sentence for a crime in Illinois, must return to serve the | ||||||
8 | unexpired prior sentence may have his or her sentence by the | ||||||
9 | Illinois court ordered to be concurrent with the prior | ||||||
10 | other-state or federal sentence. The court may order that any | ||||||
11 | time served on the unexpired portion of the other-state or | ||||||
12 | federal sentence, prior to his or her return to Illinois, shall | ||||||
13 | be credited on his or her Illinois sentence. The appropriate | ||||||
14 | official of the other state or the United States shall be | ||||||
15 | furnished with a copy of the order imposing sentence, which | ||||||
16 | shall provide that, when the offender is released from | ||||||
17 | other-state or federal confinement, whether by parole or by | ||||||
18 | termination of sentence, the offender shall be transferred by | ||||||
19 | the Sheriff of the committing Illinois county to the Illinois | ||||||
20 | Department of Corrections. The court shall cause the Department | ||||||
21 | of Corrections to be notified of the sentence at the time of | ||||||
22 | commitment and to be provided with copies of all records | ||||||
23 | regarding the sentence. | ||||||
24 | (f) REDUCTION; PREVIOUS UNEXPIRED ILLINOIS SENTENCE. A | ||||||
25 | defendant who has a previous and unexpired sentence of | ||||||
26 | imprisonment imposed by an Illinois circuit court for a crime |
| |||||||
| |||||||
1 | in this State and who is subsequently sentenced to a term of | ||||||
2 | imprisonment by another state or by any district court of the | ||||||
3 | United States and who has served a term of imprisonment imposed | ||||||
4 | by the other state or district court of the United States, and | ||||||
5 | must return to serve the unexpired prior sentence imposed by | ||||||
6 | the Illinois circuit court, may apply to the Illinois circuit | ||||||
7 | court that imposed sentence to have his or her sentence | ||||||
8 | reduced. | ||||||
9 | The circuit court may order that any time served on the | ||||||
10 | sentence imposed by the other state or district court of the | ||||||
11 | United States be credited on his or her Illinois sentence. The | ||||||
12 | application for reduction of a sentence under this subsection | ||||||
13 | shall be made within 30 days after the defendant has completed | ||||||
14 | the sentence imposed by the other state or district court of | ||||||
15 | the United States.
| ||||||
16 | (g) NO REQUIRED BIRTH CONTROL. A court may not impose a | ||||||
17 | sentence or disposition that requires the defendant to be | ||||||
18 | implanted or injected with or to use any form of birth control.
| ||||||
19 | (Source: P.A. 95-1052, eff. 7-1-09 .) | ||||||
20 | (Text of Section after amendment by P.A. 100-987 ) | ||||||
21 | Sec. 5-4.5-50. SENTENCE PROVISIONS; ALL FELONIES. Except | ||||||
22 | as otherwise provided, for all felonies: | ||||||
23 | (a) NO SUPERVISION. The court, upon a plea of guilty or a | ||||||
24 | stipulation by the defendant of the facts supporting the charge | ||||||
25 | or a finding of guilt, may not defer further proceedings and |
| |||||||
| |||||||
1 | the imposition of a sentence and may not enter an order for | ||||||
2 | supervision of the defendant. | ||||||
3 | (b) FELONY FINES. Unless otherwise specified by law, the | ||||||
4 | minimum fine is $75 $25 . An offender may be sentenced to pay a | ||||||
5 | fine not to exceed, for each offense, $25,000 or the amount | ||||||
6 | specified in the offense, whichever is greater, or if the | ||||||
7 | offender is a corporation, $50,000 or the amount specified in | ||||||
8 | the offense, whichever is greater. A fine may be imposed in | ||||||
9 | addition to a sentence of conditional discharge, probation, | ||||||
10 | periodic imprisonment, or imprisonment. See Article 9 of | ||||||
11 | Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of | ||||||
12 | additional amounts and determination of amounts and payment. If | ||||||
13 | the court finds that the fine would impose an undue burden on | ||||||
14 | the victim, the court may reduce or waive the fine. | ||||||
15 | (c) REASONS FOR SENTENCE STATED. The sentencing judge in | ||||||
16 | each felony conviction shall set forth his or her reasons for | ||||||
17 | imposing the particular sentence entered in the case, as | ||||||
18 | provided in Section 5-4-1 (730 ILCS 5/5-4-1). Those reasons may | ||||||
19 | include any mitigating or aggravating factors specified in this | ||||||
20 | Code, or the lack of any such factors, as well as any other | ||||||
21 | mitigating or aggravating factors that the judge sets forth on | ||||||
22 | the record that are consistent with the purposes and principles | ||||||
23 | of sentencing set out in this Code. | ||||||
24 | (d) MOTION TO REDUCE SENTENCE. A motion to reduce a | ||||||
25 | sentence may be made, or the court may reduce a sentence | ||||||
26 | without motion, within 30 days after the sentence is imposed. A |
| |||||||
| |||||||
1 | defendant's challenge to the correctness of a sentence or to | ||||||
2 | any aspect of the sentencing hearing shall be made by a written | ||||||
3 | motion filed with the circuit court clerk within 30 days | ||||||
4 | following the imposition of sentence. A motion not filed within | ||||||
5 | that 30-day period is not timely. The court may not increase a | ||||||
6 | sentence once it is imposed. A notice of motion must be filed | ||||||
7 | with the motion. The notice of motion shall set the motion on | ||||||
8 | the court's calendar on a date certain within a reasonable time | ||||||
9 | after the date of filing. | ||||||
10 | If a motion filed pursuant to this subsection is timely | ||||||
11 | filed, the proponent of the motion shall exercise due diligence | ||||||
12 | in seeking a determination on the motion and the court shall | ||||||
13 | thereafter decide the motion within a reasonable time. | ||||||
14 | If a motion filed pursuant to this subsection is timely | ||||||
15 | filed, then for purposes of perfecting an appeal, a final | ||||||
16 | judgment is not considered to have been entered until the | ||||||
17 | motion to reduce the sentence has been decided by order entered | ||||||
18 | by the trial court. | ||||||
19 | (e) CONCURRENT SENTENCE; PREVIOUS UNEXPIRED FEDERAL OR | ||||||
20 | OTHER-STATE SENTENCE. A defendant who has a previous and | ||||||
21 | unexpired sentence of imprisonment imposed by another state or | ||||||
22 | by any district court of the United States and who, after | ||||||
23 | sentence for a crime in Illinois, must return to serve the | ||||||
24 | unexpired prior sentence may have his or her sentence by the | ||||||
25 | Illinois court ordered to be concurrent with the prior | ||||||
26 | other-state or federal sentence. The court may order that any |
| |||||||
| |||||||
1 | time served on the unexpired portion of the other-state or | ||||||
2 | federal sentence, prior to his or her return to Illinois, shall | ||||||
3 | be credited on his or her Illinois sentence. The appropriate | ||||||
4 | official of the other state or the United States shall be | ||||||
5 | furnished with a copy of the order imposing sentence, which | ||||||
6 | shall provide that, when the offender is released from | ||||||
7 | other-state or federal confinement, whether by parole or by | ||||||
8 | termination of sentence, the offender shall be transferred by | ||||||
9 | the Sheriff of the committing Illinois county to the Illinois | ||||||
10 | Department of Corrections. The court shall cause the Department | ||||||
11 | of Corrections to be notified of the sentence at the time of | ||||||
12 | commitment and to be provided with copies of all records | ||||||
13 | regarding the sentence. | ||||||
14 | (f) REDUCTION; PREVIOUS UNEXPIRED ILLINOIS SENTENCE. A | ||||||
15 | defendant who has a previous and unexpired sentence of | ||||||
16 | imprisonment imposed by an Illinois circuit court for a crime | ||||||
17 | in this State and who is subsequently sentenced to a term of | ||||||
18 | imprisonment by another state or by any district court of the | ||||||
19 | United States and who has served a term of imprisonment imposed | ||||||
20 | by the other state or district court of the United States, and | ||||||
21 | must return to serve the unexpired prior sentence imposed by | ||||||
22 | the Illinois circuit court, may apply to the Illinois circuit | ||||||
23 | court that imposed sentence to have his or her sentence | ||||||
24 | reduced. | ||||||
25 | The circuit court may order that any time served on the | ||||||
26 | sentence imposed by the other state or district court of the |
| |||||||
| |||||||
1 | United States be credited on his or her Illinois sentence. The | ||||||
2 | application for reduction of a sentence under this subsection | ||||||
3 | shall be made within 30 days after the defendant has completed | ||||||
4 | the sentence imposed by the other state or district court of | ||||||
5 | the United States.
| ||||||
6 | (g) NO REQUIRED BIRTH CONTROL. A court may not impose a | ||||||
7 | sentence or disposition that requires the defendant to be | ||||||
8 | implanted or injected with or to use any form of birth control.
| ||||||
9 | (Source: P.A. 100-987, eff. 7-1-19.) | ||||||
10 | (730 ILCS 5/5-4.5-55) | ||||||
11 | (Text of Section before amendment by P.A. 100-987 ) | ||||||
12 | Sec. 5-4.5-55. CLASS A MISDEMEANORS; SENTENCE. For a Class | ||||||
13 | A misdemeanor: | ||||||
14 | (a) TERM. The sentence of imprisonment shall be a | ||||||
15 | determinate sentence of less than one year.
| ||||||
16 | (b) PERIODIC IMPRISONMENT. A sentence of periodic | ||||||
17 | imprisonment shall be for a definite term of less than one | ||||||
18 | year, except as otherwise provided in Section 5-5-3 or 5-7-1 | ||||||
19 | (730 ILCS 5/5-5-3 or 5/5-7-1).
| ||||||
20 | (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS | ||||||
21 | 5/5-8-1.2) concerning eligibility for the county impact | ||||||
22 | incarceration program.
| ||||||
23 | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | ||||||
24 | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the | ||||||
25 | period of probation or conditional discharge shall not exceed 2 |
| |||||||
| |||||||
1 | years. The court shall specify the conditions of probation or | ||||||
2 | conditional discharge as set forth in Section 5-6-3 (730 ILCS | ||||||
3 | 5/5-6-3).
| ||||||
4 | (e) FINE. A fine not to exceed $2,500 for each offense or | ||||||
5 | the amount specified in the offense, whichever is greater, may | ||||||
6 | be imposed. A fine may be imposed in addition to a sentence of | ||||||
7 | conditional discharge, probation, periodic imprisonment, or | ||||||
8 | imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V, | ||||||
9 | Art. 9) for imposition of additional amounts and determination | ||||||
10 | of amounts and payment.
| ||||||
11 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
12 | concerning restitution.
| ||||||
13 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
14 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
15 | ILCS 5/5-8-4).
| ||||||
16 | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | ||||||
17 | Act (730 ILCS 166/20) concerning eligibility for a drug court | ||||||
18 | program.
| ||||||
19 | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||||||
20 | ILCS 5/5-4.5-100) concerning credit for time spent in home | ||||||
21 | detention prior to judgment.
| ||||||
22 | (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good | ||||||
23 | Behavior Allowance Act (730 ILCS 130/) for rules and | ||||||
24 | regulations for good behavior allowance.
| ||||||
25 | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | ||||||
26 | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for |
| |||||||
| |||||||
1 | electronic monitoring and home detention.
| ||||||
2 | (Source: P.A. 100-431, eff. 8-25-17.) | ||||||
3 | (Text of Section after amendment by P.A. 100-987 ) | ||||||
4 | Sec. 5-4.5-55. CLASS A MISDEMEANORS; SENTENCE. For a Class | ||||||
5 | A misdemeanor: | ||||||
6 | (a) TERM. The sentence of imprisonment shall be a | ||||||
7 | determinate sentence of less than one year.
| ||||||
8 | (b) PERIODIC IMPRISONMENT. A sentence of periodic | ||||||
9 | imprisonment shall be for a definite term of less than one | ||||||
10 | year, except as otherwise provided in Section 5-5-3 or 5-7-1 | ||||||
11 | (730 ILCS 5/5-5-3 or 5/5-7-1).
| ||||||
12 | (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS | ||||||
13 | 5/5-8-1.2) concerning eligibility for the county impact | ||||||
14 | incarceration program.
| ||||||
15 | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | ||||||
16 | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the | ||||||
17 | period of probation or conditional discharge shall not exceed 2 | ||||||
18 | years. The court shall specify the conditions of probation or | ||||||
19 | conditional discharge as set forth in Section 5-6-3 (730 ILCS | ||||||
20 | 5/5-6-3).
| ||||||
21 | (e) FINE. Unless otherwise specified by law, the minimum | ||||||
22 | fine is $75 $25 . A fine not to exceed $2,500 for each offense | ||||||
23 | or the amount specified in the offense, whichever is greater, | ||||||
24 | may be imposed. A fine may be imposed in addition to a sentence | ||||||
25 | of conditional discharge, probation, periodic imprisonment, or |
| |||||||
| |||||||
1 | imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V, | ||||||
2 | Art. 9) for imposition of additional amounts and determination | ||||||
3 | of amounts and payment.
If the court finds that the fine would | ||||||
4 | impose an undue burden on the victim, the court may reduce or | ||||||
5 | waive the fine. | ||||||
6 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
7 | concerning restitution.
| ||||||
8 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
9 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
10 | ILCS 5/5-8-4).
| ||||||
11 | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | ||||||
12 | Act (730 ILCS 166/20) concerning eligibility for a drug court | ||||||
13 | program.
| ||||||
14 | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||||||
15 | ILCS 5/5-4.5-100) concerning credit for time spent in home | ||||||
16 | detention prior to judgment.
| ||||||
17 | (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good | ||||||
18 | Behavior Allowance Act (730 ILCS 130/) for rules and | ||||||
19 | regulations for good behavior allowance.
| ||||||
20 | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | ||||||
21 | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | ||||||
22 | electronic monitoring and home detention.
| ||||||
23 | (Source: P.A. 100-431, eff. 8-25-17; 100-987, eff. 7-1-19.) | ||||||
24 | (730 ILCS 5/5-4.5-60) | ||||||
25 | (Text of Section before amendment by P.A. 100-987 ) |
| |||||||
| |||||||
1 | Sec. 5-4.5-60. CLASS B MISDEMEANORS; SENTENCE. For a Class | ||||||
2 | B misdemeanor: | ||||||
3 | (a) TERM. The sentence of imprisonment shall be a | ||||||
4 | determinate sentence of not more than 6 months.
| ||||||
5 | (b) PERIODIC IMPRISONMENT. A sentence of periodic | ||||||
6 | imprisonment shall be for a definite term of up to 6 months or | ||||||
7 | as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).
| ||||||
8 | (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS | ||||||
9 | 5/5-8-1.2) concerning eligibility for the county impact | ||||||
10 | incarceration program.
| ||||||
11 | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | ||||||
12 | in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or | ||||||
13 | conditional discharge shall not exceed 2 years. The court shall | ||||||
14 | specify the conditions of probation or conditional discharge as | ||||||
15 | set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
| ||||||
16 | (e) FINE. A fine not to exceed $1,500 for each offense or | ||||||
17 | the amount specified in the offense, whichever is greater, may | ||||||
18 | be imposed. A fine may be imposed in addition to a sentence of | ||||||
19 | conditional discharge, probation, periodic imprisonment, or | ||||||
20 | imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V, | ||||||
21 | Art. 9) for imposition of additional amounts and determination | ||||||
22 | of amounts and payment.
| ||||||
23 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
24 | concerning restitution.
| ||||||
25 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
26 | be concurrent or consecutive as provided in Section 5-8-4 (730 |
| |||||||
| |||||||
1 | ILCS 5/5-8-4).
| ||||||
2 | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | ||||||
3 | Act (730 ILCS 166/20) concerning eligibility for a drug court | ||||||
4 | program.
| ||||||
5 | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||||||
6 | ILCS 5/5-4.5-100) concerning credit for time spent in home | ||||||
7 | detention prior to judgment.
| ||||||
8 | (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good | ||||||
9 | Behavior Allowance Act (730 ILCS 130/) for rules and | ||||||
10 | regulations for good behavior allowance.
| ||||||
11 | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | ||||||
12 | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | ||||||
13 | electronic monitoring and home detention.
| ||||||
14 | (Source: P.A. 100-431, eff. 8-25-17.) | ||||||
15 | (Text of Section after amendment by P.A. 100-987 ) | ||||||
16 | Sec. 5-4.5-60. CLASS B MISDEMEANORS; SENTENCE. For a Class | ||||||
17 | B misdemeanor: | ||||||
18 | (a) TERM. The sentence of imprisonment shall be a | ||||||
19 | determinate sentence of not more than 6 months.
| ||||||
20 | (b) PERIODIC IMPRISONMENT. A sentence of periodic | ||||||
21 | imprisonment shall be for a definite term of up to 6 months or | ||||||
22 | as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).
| ||||||
23 | (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS | ||||||
24 | 5/5-8-1.2) concerning eligibility for the county impact | ||||||
25 | incarceration program.
|
| |||||||
| |||||||
1 | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | ||||||
2 | in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or | ||||||
3 | conditional discharge shall not exceed 2 years. The court shall | ||||||
4 | specify the conditions of probation or conditional discharge as | ||||||
5 | set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
| ||||||
6 | (e) FINE. Unless otherwise specified by law, the minimum | ||||||
7 | fine is $75 $25 . A fine not to exceed $1,500 for each offense | ||||||
8 | or the amount specified in the offense, whichever is greater, | ||||||
9 | may be imposed. A fine may be imposed in addition to a sentence | ||||||
10 | of conditional discharge, probation, periodic imprisonment, or | ||||||
11 | imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V, | ||||||
12 | Art. 9) for imposition of additional amounts and determination | ||||||
13 | of amounts and payment.
If the court finds that the fine would | ||||||
14 | impose an undue burden on the victim, the court may reduce or | ||||||
15 | waive the fine. | ||||||
16 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
17 | concerning restitution.
| ||||||
18 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
19 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
20 | ILCS 5/5-8-4).
| ||||||
21 | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | ||||||
22 | Act (730 ILCS 166/20) concerning eligibility for a drug court | ||||||
23 | program.
| ||||||
24 | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||||||
25 | ILCS 5/5-4.5-100) concerning credit for time spent in home | ||||||
26 | detention prior to judgment.
|
| |||||||
| |||||||
1 | (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good | ||||||
2 | Behavior Allowance Act (730 ILCS 130/) for rules and | ||||||
3 | regulations for good behavior allowance.
| ||||||
4 | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | ||||||
5 | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | ||||||
6 | electronic monitoring and home detention.
| ||||||
7 | (Source: P.A. 100-431, eff. 8-25-17; 100-987, eff. 7-1-19.) | ||||||
8 | (730 ILCS 5/5-4.5-65) | ||||||
9 | (Text of Section before amendment by P.A. 100-987 ) | ||||||
10 | Sec. 5-4.5-65. CLASS C MISDEMEANORS; SENTENCE. For a Class | ||||||
11 | C misdemeanor: | ||||||
12 | (a) TERM. The sentence of imprisonment shall be a | ||||||
13 | determinate sentence of not more than 30 days.
| ||||||
14 | (b) PERIODIC IMPRISONMENT. A sentence of periodic | ||||||
15 | imprisonment shall be for a definite term of up to 30 days or | ||||||
16 | as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).
| ||||||
17 | (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS | ||||||
18 | 5/5-8-1.2) concerning eligibility for the county impact | ||||||
19 | incarceration program.
| ||||||
20 | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | ||||||
21 | in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or | ||||||
22 | conditional discharge shall not exceed 2 years. The court shall | ||||||
23 | specify the conditions of probation or conditional discharge as | ||||||
24 | set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
| ||||||
25 | (e) FINE. A fine not to exceed $1,500 for each offense or |
| |||||||
| |||||||
1 | the amount specified in the offense, whichever is greater, may | ||||||
2 | be imposed. A fine may be imposed in addition to a sentence of | ||||||
3 | conditional discharge, probation, periodic imprisonment, or | ||||||
4 | imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V, | ||||||
5 | Art. 9) for imposition of additional amounts and determination | ||||||
6 | of amounts and payment.
| ||||||
7 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
8 | concerning restitution.
| ||||||
9 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
10 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
11 | ILCS 5/5-8-4).
| ||||||
12 | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | ||||||
13 | Act (730 ILCS 166/20) concerning eligibility for a drug court | ||||||
14 | program.
| ||||||
15 | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||||||
16 | ILCS 5/5-4.5-100) concerning credit for time spent in home | ||||||
17 | detention prior to judgment.
| ||||||
18 | (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good | ||||||
19 | Behavior Allowance Act (730 ILCS 130/) for rules and | ||||||
20 | regulations for good behavior allowance.
| ||||||
21 | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | ||||||
22 | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | ||||||
23 | electronic monitoring and home detention.
| ||||||
24 | (Source: P.A. 100-431, eff. 8-25-17.) | ||||||
25 | (Text of Section after amendment by P.A. 100-987 ) |
| |||||||
| |||||||
1 | Sec. 5-4.5-65. CLASS C MISDEMEANORS; SENTENCE. For a Class | ||||||
2 | C misdemeanor: | ||||||
3 | (a) TERM. The sentence of imprisonment shall be a | ||||||
4 | determinate sentence of not more than 30 days.
| ||||||
5 | (b) PERIODIC IMPRISONMENT. A sentence of periodic | ||||||
6 | imprisonment shall be for a definite term of up to 30 days or | ||||||
7 | as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).
| ||||||
8 | (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS | ||||||
9 | 5/5-8-1.2) concerning eligibility for the county impact | ||||||
10 | incarceration program.
| ||||||
11 | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | ||||||
12 | in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or | ||||||
13 | conditional discharge shall not exceed 2 years. The court shall | ||||||
14 | specify the conditions of probation or conditional discharge as | ||||||
15 | set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
| ||||||
16 | (e) FINE. Unless otherwise specified by law, the minimum | ||||||
17 | fine is $75 $25 . A fine not to exceed $1,500 for each offense | ||||||
18 | or the amount specified in the offense, whichever is greater, | ||||||
19 | may be imposed. A fine may be imposed in addition to a sentence | ||||||
20 | of conditional discharge, probation, periodic imprisonment, or | ||||||
21 | imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V, | ||||||
22 | Art. 9) for imposition of additional amounts and determination | ||||||
23 | of amounts and payment. If the court finds that the fine would | ||||||
24 | impose an undue burden on the victim, the court may reduce or | ||||||
25 | waive the fine.
| ||||||
26 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) |
| |||||||
| |||||||
1 | concerning restitution.
| ||||||
2 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
3 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
4 | ILCS 5/5-8-4).
| ||||||
5 | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | ||||||
6 | Act (730 ILCS 166/20) concerning eligibility for a drug court | ||||||
7 | program.
| ||||||
8 | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||||||
9 | ILCS 5/5-4.5-100) concerning credit for time spent in home | ||||||
10 | detention prior to judgment.
| ||||||
11 | (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good | ||||||
12 | Behavior Allowance Act (730 ILCS 130/) for rules and | ||||||
13 | regulations for good behavior allowance.
| ||||||
14 | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | ||||||
15 | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | ||||||
16 | electronic monitoring and home detention.
| ||||||
17 | (Source: P.A. 100-431, eff. 8-25-17; 100-987, eff. 7-1-19.) | ||||||
18 | (730 ILCS 5/5-4.5-75) | ||||||
19 | (Text of Section before amendment by P.A. 100-987 )
| ||||||
20 | Sec. 5-4.5-75. PETTY OFFENSES; SENTENCE. Except as | ||||||
21 | otherwise provided, for a petty offense: | ||||||
22 | (a) FINE. A defendant may be sentenced to pay a fine not to | ||||||
23 | exceed $1,000 for each offense or the amount specified in the | ||||||
24 | offense, whichever is less. A fine may be imposed in addition | ||||||
25 | to a sentence of conditional discharge or probation. See |
| |||||||
| |||||||
1 | Article 9 of Chapter V (730 ILCS 5/Ch. V, Art. 9) for | ||||||
2 | imposition of additional amounts and determination of amounts | ||||||
3 | and payment. | ||||||
4 | (b) PROBATION; CONDITIONAL DISCHARGE. Except as provided | ||||||
5 | in Section 5-6-2 (730 ILCS 5/5-6-2), a defendant may be | ||||||
6 | sentenced to a period of probation or conditional discharge not | ||||||
7 | to exceed 6 months. The court shall specify the conditions of | ||||||
8 | probation or conditional discharge as set forth in Section | ||||||
9 | 5-6-3 (730 ILCS 5/5-6-3). | ||||||
10 | (c) RESTITUTION. A defendant may be sentenced to make | ||||||
11 | restitution to the victim under Section 5-5-6 (730 ILCS | ||||||
12 | 5/5-5-6).
| ||||||
13 | (d) SUPERVISION; ORDER. The court, upon a plea of guilty or | ||||||
14 | a stipulation by the defendant of the facts supporting the | ||||||
15 | charge or a finding of guilt, may defer further proceedings and | ||||||
16 | the imposition of a sentence and may enter an order for | ||||||
17 | supervision of the defendant. If the defendant is not barred | ||||||
18 | from receiving an order for supervision under Section 5-6-1 | ||||||
19 | (730 ILCS 5/5-6-1) or otherwise, the court may enter an order | ||||||
20 | for supervision after considering the circumstances of the | ||||||
21 | offense, and the history, character, and condition of the | ||||||
22 | offender, if the court is of the opinion that: | ||||||
23 | (1) the defendant is not likely to commit further | ||||||
24 | crimes; | ||||||
25 | (2) the defendant and the public would be best served | ||||||
26 | if the defendant were not to receive a criminal record; and |
| |||||||
| |||||||
1 | (3) in the best interests of justice, an order of | ||||||
2 | supervision is more appropriate than a sentence otherwise | ||||||
3 | permitted under this Code.
| ||||||
4 | (e) SUPERVISION; PERIOD. When a defendant is placed on | ||||||
5 | supervision, the court shall enter an order for supervision | ||||||
6 | specifying the period of supervision, and shall defer further | ||||||
7 | proceedings in the case until the conclusion of the period. The | ||||||
8 | period of supervision shall be reasonable under all of the | ||||||
9 | circumstances of the case, and except as otherwise provided, | ||||||
10 | may not be longer than 2 years. The court shall specify the | ||||||
11 | conditions of supervision as set forth in Section 5-6-3.1 (730 | ||||||
12 | ILCS 5/5-6-3.1).
| ||||||
13 | (Source: P.A. 95-1052, eff. 7-1-09 .) | ||||||
14 | (Text of Section after amendment by P.A. 100-987 ) | ||||||
15 | Sec. 5-4.5-75. PETTY OFFENSES; SENTENCE. Except as | ||||||
16 | otherwise provided, for a petty offense: | ||||||
17 | (a) FINE. Unless otherwise specified by law, the minimum | ||||||
18 | fine is $75 $25 . A defendant may be sentenced to pay a fine not | ||||||
19 | to exceed $1,000 for each offense or the amount specified in | ||||||
20 | the offense, whichever is less. A fine may be imposed in | ||||||
21 | addition to a sentence of conditional discharge or probation. | ||||||
22 | See Article 9 of Chapter V (730 ILCS 5/Ch. V, Art. 9) for | ||||||
23 | imposition of additional amounts and determination of amounts | ||||||
24 | and payment. If the court finds that the fine would impose an | ||||||
25 | undue burden on the victim, the court may reduce or waive the |
| |||||||
| |||||||
1 | fine. | ||||||
2 | (b) PROBATION; CONDITIONAL DISCHARGE. Except as provided | ||||||
3 | in Section 5-6-2 (730 ILCS 5/5-6-2), a defendant may be | ||||||
4 | sentenced to a period of probation or conditional discharge not | ||||||
5 | to exceed 6 months. The court shall specify the conditions of | ||||||
6 | probation or conditional discharge as set forth in Section | ||||||
7 | 5-6-3 (730 ILCS 5/5-6-3). | ||||||
8 | (c) RESTITUTION. A defendant may be sentenced to make | ||||||
9 | restitution to the victim under Section 5-5-6 (730 ILCS | ||||||
10 | 5/5-5-6).
| ||||||
11 | (d) SUPERVISION; ORDER. The court, upon a plea of guilty or | ||||||
12 | a stipulation by the defendant of the facts supporting the | ||||||
13 | charge or a finding of guilt, may defer further proceedings and | ||||||
14 | the imposition of a sentence and may enter an order for | ||||||
15 | supervision of the defendant. If the defendant is not barred | ||||||
16 | from receiving an order for supervision under Section 5-6-1 | ||||||
17 | (730 ILCS 5/5-6-1) or otherwise, the court may enter an order | ||||||
18 | for supervision after considering the circumstances of the | ||||||
19 | offense, and the history, character, and condition of the | ||||||
20 | offender, if the court is of the opinion that: | ||||||
21 | (1) the defendant is not likely to commit further | ||||||
22 | crimes; | ||||||
23 | (2) the defendant and the public would be best served | ||||||
24 | if the defendant were not to receive a criminal record; and | ||||||
25 | (3) in the best interests of justice, an order of | ||||||
26 | supervision is more appropriate than a sentence otherwise |
| |||||||
| |||||||
1 | permitted under this Code.
| ||||||
2 | (e) SUPERVISION; PERIOD. When a defendant is placed on | ||||||
3 | supervision, the court shall enter an order for supervision | ||||||
4 | specifying the period of supervision, and shall defer further | ||||||
5 | proceedings in the case until the conclusion of the period. The | ||||||
6 | period of supervision shall be reasonable under all of the | ||||||
7 | circumstances of the case, and except as otherwise provided, | ||||||
8 | may not be longer than 2 years. The court shall specify the | ||||||
9 | conditions of supervision as set forth in Section 5-6-3.1 (730 | ||||||
10 | ILCS 5/5-6-3.1).
| ||||||
11 | (Source: P.A. 100-987, eff. 7-1-19.) | ||||||
12 | (730 ILCS 5/5-4.5-80) | ||||||
13 | (Text of Section before amendment by P.A. 100-987 )
| ||||||
14 | Sec. 5-4.5-80. BUSINESS OFFENSES; SENTENCE. Except as | ||||||
15 | otherwise provided, for a business offense: | ||||||
16 | (a) FINE. A defendant may be sentenced to pay a fine not to | ||||||
17 | exceed for each offense the amount specified in the statute | ||||||
18 | defining that offense. A fine may be imposed in addition to a | ||||||
19 | sentence of conditional discharge. See Article 9 of Chapter V | ||||||
20 | (730 ILCS 5/Ch. V, Art. 9) for imposition of additional amounts | ||||||
21 | and determination of amounts and payment. | ||||||
22 | (b) CONDITIONAL DISCHARGE. A defendant may be sentenced to | ||||||
23 | a period of conditional discharge. The court shall specify the | ||||||
24 | conditions of conditional discharge as set forth in Section | ||||||
25 | 5-6-3 (730 ILCS 5/5-6-3). |
| |||||||
| |||||||
1 | (c) RESTITUTION. A defendant may be sentenced to make | ||||||
2 | restitution to the victim under Section 5-5-6 (730 ILCS | ||||||
3 | 5/5-5-6). | ||||||
4 | (d) SUPERVISION; ORDER. The court, upon a plea of guilty or | ||||||
5 | a stipulation by the defendant of the facts supporting the | ||||||
6 | charge or a finding of guilt, may defer further proceedings and | ||||||
7 | the imposition of a sentence and may enter an order for | ||||||
8 | supervision of the defendant. If the defendant is not barred | ||||||
9 | from receiving an order for supervision under Section 5-6-1 | ||||||
10 | (730 ILCS 5/5-6-1) or otherwise, the court may enter an order | ||||||
11 | for supervision after considering the circumstances of the | ||||||
12 | offense, and the history, character, and condition of the | ||||||
13 | offender, if the court is of the opinion that: | ||||||
14 | (1) the defendant is not likely to commit further | ||||||
15 | crimes; | ||||||
16 | (2) the defendant and the public would be best served | ||||||
17 | if the defendant were not to receive a criminal record; and | ||||||
18 | (3) in the best interests of justice, an order of | ||||||
19 | supervision is more appropriate than a sentence otherwise | ||||||
20 | permitted under this Code.
| ||||||
21 | (e) SUPERVISION; PERIOD. When a defendant is placed on | ||||||
22 | supervision, the court shall enter an order for supervision | ||||||
23 | specifying the period of supervision, and shall defer further | ||||||
24 | proceedings in the case until the conclusion of the period. The | ||||||
25 | period of supervision shall be reasonable under all of the | ||||||
26 | circumstances of the case, and except as otherwise provided, |
| |||||||
| |||||||
1 | may not be longer than 2 years. The court shall specify the | ||||||
2 | conditions of supervision as set forth in Section 5-6-3.1 (730 | ||||||
3 | ILCS 5/5-6-3.1).
| ||||||
4 | (Source: P.A. 95-1052, eff. 7-1-09 .) | ||||||
5 | (Text of Section after amendment by P.A. 100-987 ) | ||||||
6 | Sec. 5-4.5-80. BUSINESS OFFENSES; SENTENCE. Except as | ||||||
7 | otherwise provided, for a business offense: | ||||||
8 | (a) FINE. Unless otherwise specified by law, the minimum | ||||||
9 | fine is $75 $25 . A defendant may be sentenced to pay a fine not | ||||||
10 | to exceed for each offense the amount specified in the statute | ||||||
11 | defining that offense. A fine may be imposed in addition to a | ||||||
12 | sentence of conditional discharge. See Article 9 of Chapter V | ||||||
13 | (730 ILCS 5/Ch. V, Art. 9) for imposition of additional amounts | ||||||
14 | and determination of amounts and payment. If the court finds | ||||||
15 | that the fine would impose an undue burden on the victim, the | ||||||
16 | court may reduce or waive the fine. | ||||||
17 | (b) CONDITIONAL DISCHARGE. A defendant may be sentenced to | ||||||
18 | a period of conditional discharge. The court shall specify the | ||||||
19 | conditions of conditional discharge as set forth in Section | ||||||
20 | 5-6-3 (730 ILCS 5/5-6-3). | ||||||
21 | (c) RESTITUTION. A defendant may be sentenced to make | ||||||
22 | restitution to the victim under Section 5-5-6 (730 ILCS | ||||||
23 | 5/5-5-6). | ||||||
24 | (d) SUPERVISION; ORDER. The court, upon a plea of guilty or | ||||||
25 | a stipulation by the defendant of the facts supporting the |
| |||||||
| |||||||
1 | charge or a finding of guilt, may defer further proceedings and | ||||||
2 | the imposition of a sentence and may enter an order for | ||||||
3 | supervision of the defendant. If the defendant is not barred | ||||||
4 | from receiving an order for supervision under Section 5-6-1 | ||||||
5 | (730 ILCS 5/5-6-1) or otherwise, the court may enter an order | ||||||
6 | for supervision after considering the circumstances of the | ||||||
7 | offense, and the history, character, and condition of the | ||||||
8 | offender, if the court is of the opinion that: | ||||||
9 | (1) the defendant is not likely to commit further | ||||||
10 | crimes; | ||||||
11 | (2) the defendant and the public would be best served | ||||||
12 | if the defendant were not to receive a criminal record; and | ||||||
13 | (3) in the best interests of justice, an order of | ||||||
14 | supervision is more appropriate than a sentence otherwise | ||||||
15 | permitted under this Code.
| ||||||
16 | (e) SUPERVISION; PERIOD. When a defendant is placed on | ||||||
17 | supervision, the court shall enter an order for supervision | ||||||
18 | specifying the period of supervision, and shall defer further | ||||||
19 | proceedings in the case until the conclusion of the period. The | ||||||
20 | period of supervision shall be reasonable under all of the | ||||||
21 | circumstances of the case, and except as otherwise provided, | ||||||
22 | may not be longer than 2 years. The court shall specify the | ||||||
23 | conditions of supervision as set forth in Section 5-6-3.1 (730 | ||||||
24 | ILCS 5/5-6-3.1).
| ||||||
25 | (Source: P.A. 100-987, eff. 7-1-19.)
|
| |||||||
| |||||||
1 | (730 ILCS 5/5-9-1.9)
| ||||||
2 | (Text of Section before amendment by P.A. 100-987 )
| ||||||
3 | Sec. 5-9-1.9. DUI analysis fee.
| ||||||
4 | (a) "Crime laboratory" means a not-for-profit laboratory | ||||||
5 | substantially
funded by a single unit or combination of units | ||||||
6 | of local government or the
State of
Illinois that regularly | ||||||
7 | employs at least one person engaged in the DUI
analysis of | ||||||
8 | blood, other bodily substance, and urine for criminal justice | ||||||
9 | agencies in criminal matters
and provides testimony with | ||||||
10 | respect to such examinations.
| ||||||
11 | "DUI analysis" means an analysis of blood, other bodily | ||||||
12 | substance, or urine for purposes of
determining whether a | ||||||
13 | violation of Section 11-501 of the Illinois Vehicle Code
has | ||||||
14 | occurred.
| ||||||
15 | (b) When a person has been adjudged guilty of an offense in | ||||||
16 | violation of
Section 11-501 of the Illinois Vehicle Code, in | ||||||
17 | addition to any other
disposition, penalty, or fine imposed, a | ||||||
18 | crime laboratory DUI analysis fee of
$150 for each offense for | ||||||
19 | which the person was convicted shall be levied by the
court for | ||||||
20 | each case in which a laboratory analysis occurred. Upon | ||||||
21 | verified
petition of the person, the court may suspend payment | ||||||
22 | of all or part of the fee
if it finds that the person does not | ||||||
23 | have the ability to pay the fee.
| ||||||
24 | (c) In addition to any other disposition made under the | ||||||
25 | provisions of
the Juvenile Court Act of 1987, any minor | ||||||
26 | adjudicated delinquent for an offense
which if committed by an |
| |||||||
| |||||||
1 | adult would constitute a violation of Section 11-501
of the | ||||||
2 | Illinois Vehicle Code shall be assessed a crime laboratory DUI | ||||||
3 | analysis
fee of $150 for each adjudication. Upon verified | ||||||
4 | petition of the minor, the
court may suspend payment of all or | ||||||
5 | part of the fee if it finds
that the minor does not have the | ||||||
6 | ability to pay the fee. The parent, guardian,
or legal | ||||||
7 | custodian of the minor may pay some or all of the fee on the | ||||||
8 | minor's
behalf.
| ||||||
9 | (d) All crime laboratory DUI analysis fees provided for by | ||||||
10 | this Section
shall
be collected by the clerk of the court and | ||||||
11 | forwarded to the appropriate crime
laboratory DUI fund as | ||||||
12 | provided in subsection (f).
| ||||||
13 | (e) Crime laboratory funds shall be established as follows:
| ||||||
14 | (1) A unit of local government that maintains a crime | ||||||
15 | laboratory may
establish a crime laboratory DUI fund within | ||||||
16 | the office of the county or
municipal treasurer.
| ||||||
17 | (2) Any combination of units of local government that | ||||||
18 | maintains a crime
laboratory may establish a crime | ||||||
19 | laboratory DUI fund within the office of the
treasurer of | ||||||
20 | the county where the crime laboratory is situated.
| ||||||
21 | (3) The State Police DUI Fund is created as a
special | ||||||
22 | fund in
the State Treasury.
| ||||||
23 | (f) The analysis fee provided for in subsections (b) and | ||||||
24 | (c) of this Section
shall be forwarded to the office of the | ||||||
25 | treasurer of the unit of local
government that performed the | ||||||
26 | analysis if that unit of local government has
established a |
| |||||||
| |||||||
1 | crime laboratory DUI fund, or to the State Treasurer for | ||||||
2 | deposit
into the State Police DUI Fund if the analysis was
| ||||||
3 | performed by a
laboratory operated by the Department of State | ||||||
4 | Police. If the analysis was
performed by a crime laboratory | ||||||
5 | funded by a combination of units of local
government, the | ||||||
6 | analysis fee shall be forwarded to the treasurer of the county
| ||||||
7 | where the crime laboratory is situated if a crime laboratory | ||||||
8 | DUI fund has been
established in that county. If the unit of | ||||||
9 | local government or combination of
units of local government | ||||||
10 | has not established a crime laboratory DUI fund, then
the | ||||||
11 | analysis fee shall be forwarded to the State Treasurer for | ||||||
12 | deposit into
the State Police DUI Fund. The clerk of the | ||||||
13 | circuit
court may retain
the
amount of $10 from each collected | ||||||
14 | analysis fee to offset administrative costs
incurred in | ||||||
15 | carrying out the clerk's responsibilities under this Section.
| ||||||
16 | (g) Fees deposited into a crime laboratory DUI fund created | ||||||
17 | under
paragraphs (1) and (2) of subsection (e) of this Section | ||||||
18 | shall be in addition
to any allocations made pursuant to | ||||||
19 | existing law and shall be designated for
the exclusive use of | ||||||
20 | the crime laboratory. These uses may include, but are not
| ||||||
21 | limited to, the following:
| ||||||
22 | (1) Costs incurred in providing analysis for DUI | ||||||
23 | investigations conducted
within this State.
| ||||||
24 | (2) Purchase and maintenance of equipment for use in | ||||||
25 | performing analyses.
| ||||||
26 | (3) Continuing education, training, and professional |
| |||||||
| |||||||
1 | development of
forensic scientists regularly employed by | ||||||
2 | these laboratories.
| ||||||
3 | (h) Fees deposited in the State Police DUI Fund
created | ||||||
4 | under
paragraph (3) of subsection (e) of this Section shall be | ||||||
5 | used by
State crime laboratories as designated by the Director | ||||||
6 | of State Police. These
funds shall be in addition to any | ||||||
7 | allocations made according to existing law
and shall be | ||||||
8 | designated for the exclusive use of State crime laboratories.
| ||||||
9 | These uses may include those enumerated in subsection (g) of | ||||||
10 | this Section.
| ||||||
11 | (Source: P.A. 99-697, eff. 7-29-16.)
| ||||||
12 | (Text of Section after amendment by P.A. 100-987 )
| ||||||
13 | Sec. 5-9-1.9. DUI analysis fee.
| ||||||
14 | (a) "Crime laboratory" means a not-for-profit laboratory | ||||||
15 | substantially
funded by a single unit or combination of units | ||||||
16 | of local government or the
State of
Illinois that regularly | ||||||
17 | employs at least one person engaged in the DUI
analysis of | ||||||
18 | blood, other bodily substance, and urine for criminal justice | ||||||
19 | agencies in criminal matters
and provides testimony with | ||||||
20 | respect to such examinations.
| ||||||
21 | "DUI analysis" means an analysis of blood, other bodily | ||||||
22 | substance, or urine for purposes of
determining whether a | ||||||
23 | violation of Section 11-501 of the Illinois Vehicle Code
has | ||||||
24 | occurred.
| ||||||
25 | (b) (Blank).
|
| |||||||
| |||||||
1 | (c) In addition to any other disposition made under the | ||||||
2 | provisions of
the Juvenile Court Act of 1987, any minor | ||||||
3 | adjudicated delinquent for an offense
which if committed by an | ||||||
4 | adult would constitute a violation of Section 11-501
of the | ||||||
5 | Illinois Vehicle Code shall pay a crime laboratory DUI analysis | ||||||
6 | assessment
of $150 for each adjudication. Upon verified | ||||||
7 | petition of the minor, the
court may suspend payment of all or | ||||||
8 | part of the assessment if it finds
that the minor does not have | ||||||
9 | the ability to pay the assessment. The parent, guardian,
or | ||||||
10 | legal custodian of the minor may pay some or all of the | ||||||
11 | assessment on the minor's
behalf.
| ||||||
12 | (d) All crime laboratory DUI analysis assessments provided | ||||||
13 | for by this Section
shall
be collected by the clerk of the | ||||||
14 | court and forwarded to the appropriate crime
laboratory DUI | ||||||
15 | fund as provided in subsection (f).
| ||||||
16 | (e) Crime laboratory funds shall be established as follows:
| ||||||
17 | (1) A unit of local government that maintains a crime | ||||||
18 | laboratory may
establish a crime laboratory DUI fund within | ||||||
19 | the office of the county or
municipal treasurer.
| ||||||
20 | (2) Any combination of units of local government that | ||||||
21 | maintains a crime
laboratory may establish a crime | ||||||
22 | laboratory DUI fund within the office of the
treasurer of | ||||||
23 | the county where the crime laboratory is situated.
| ||||||
24 | (3) The State Police DUI Fund is created as a
special | ||||||
25 | fund in
the State Treasury.
| ||||||
26 | (f) The analysis assessment provided for in subsection (c) |
| |||||||
| |||||||
1 | of this Section
shall be forwarded to the office of the | ||||||
2 | treasurer of the unit of local
government that performed the | ||||||
3 | analysis if that unit of local government has
established a | ||||||
4 | crime laboratory DUI fund, or to the State Treasurer for | ||||||
5 | deposit
into the State Crime Laboratory Police Operations | ||||||
6 | Assistance Fund if the analysis was
performed by a
laboratory | ||||||
7 | operated by the Department of State Police. If the analysis was
| ||||||
8 | performed by a crime laboratory funded by a combination of | ||||||
9 | units of local
government, the analysis assessment shall be | ||||||
10 | forwarded to the treasurer of the county
where the crime | ||||||
11 | laboratory is situated if a crime laboratory DUI fund has been
| ||||||
12 | established in that county. If the unit of local government or | ||||||
13 | combination of
units of local government has not established a | ||||||
14 | crime laboratory DUI fund, then
the analysis assessment shall | ||||||
15 | be forwarded to the State Treasurer for deposit into
the State | ||||||
16 | Crime Laboratory Police Operations Assistance Fund.
| ||||||
17 | (g) Moneys deposited into a crime laboratory DUI fund | ||||||
18 | created under
paragraphs (1) and (2) of subsection (e) of this | ||||||
19 | Section shall be in addition
to any allocations made pursuant | ||||||
20 | to existing law and shall be designated for
the exclusive use | ||||||
21 | of the crime laboratory. These uses may include, but are not
| ||||||
22 | limited to, the following:
| ||||||
23 | (1) Costs incurred in providing analysis for DUI | ||||||
24 | investigations conducted
within this State.
| ||||||
25 | (2) Purchase and maintenance of equipment for use in | ||||||
26 | performing analyses.
|
| |||||||
| |||||||
1 | (3) Continuing education, training, and professional | ||||||
2 | development of
forensic scientists regularly employed by | ||||||
3 | these laboratories.
| ||||||
4 | (h) Moneys deposited in the State Crime Laboratory Police | ||||||
5 | Operations Assistance Fund
shall be used by
State crime | ||||||
6 | laboratories as designated by the Director of State Police. | ||||||
7 | These
funds shall be in addition to any allocations made | ||||||
8 | according to existing law
and shall be designated for the | ||||||
9 | exclusive use of State crime laboratories.
These uses may | ||||||
10 | include those enumerated in subsection (g) of this Section.
| ||||||
11 | (Source: P.A. 99-697, eff. 7-29-16; 100-987, eff. 7-1-19.)
| ||||||
12 | Section 25. The Code of Civil Procedure is amended by | ||||||
13 | changing Section 5-105 as follows:
| ||||||
14 | (735 ILCS 5/5-105) (from Ch. 110, par. 5-105)
| ||||||
15 | Sec. 5-105. Waiver of court fees, costs, and charges.
| ||||||
16 | (a) As used in this Section:
| ||||||
17 | (1) "Fees, costs, and charges" means payments imposed | ||||||
18 | on a party in
connection with the prosecution or defense of | ||||||
19 | a civil action, including, but
not limited to: fees set | ||||||
20 | forth in Section 27.1b of the Clerks of Courts Act; fees | ||||||
21 | for service of process and
other papers served either | ||||||
22 | within or outside this State, including service by
| ||||||
23 | publication pursuant to Section 2-206 of this Code and | ||||||
24 | publication of necessary
legal notices; motion fees; |
| |||||||
| |||||||
1 | charges for participation in, or
attendance at, any | ||||||
2 | mandatory process or procedure including, but not limited
| ||||||
3 | to, conciliation, mediation, arbitration, counseling, | ||||||
4 | evaluation, "Children
First", "Focus on Children" or | ||||||
5 | similar programs; fees for supplementary
proceedings; | ||||||
6 | charges for translation services; guardian ad litem fees;
| ||||||
7 | and all other processes and
procedures deemed by the court | ||||||
8 | to be necessary to commence, prosecute, defend,
or enforce | ||||||
9 | relief in a
civil action.
| ||||||
10 | (2) "Indigent person" means any person who meets one or | ||||||
11 | more of the
following criteria:
| ||||||
12 | (i) He or she is receiving assistance under one or | ||||||
13 | more of the
following means-based
means based | ||||||
14 | governmental public benefits programs: Supplemental | ||||||
15 | Security Income (SSI), Aid to the Aged,
Blind and | ||||||
16 | Disabled (AABD), Temporary Assistance for Needy | ||||||
17 | Families (TANF), Supplemental Nutrition Assistance | ||||||
18 | Program (SNAP), General Assistance, Transitional | ||||||
19 | Assistance, or State Children
and Family Assistance.
| ||||||
20 | (ii) His or her available personal income is 125% | ||||||
21 | 200% or less of the current
poverty
level, unless the | ||||||
22 | applicant's assets that are not exempt under Part 9 or | ||||||
23 | 10
of Article XII of this Code are of a nature and | ||||||
24 | value that the court determines
that the applicant is | ||||||
25 | able to pay the fees, costs, and charges.
| ||||||
26 | (iii) He or she is, in the discretion of the court, |
| |||||||
| |||||||
1 | unable to proceed
in
an action without payment of fees, | ||||||
2 | costs, and charges and whose payment of
those
fees, | ||||||
3 | costs, and charges would result in substantial | ||||||
4 | hardship to the person or
his or her family.
| ||||||
5 | (iv) He or she is an indigent person pursuant to | ||||||
6 | Section 5-105.5 of this
Code.
| ||||||
7 | (3) "Poverty level" means the current poverty level as | ||||||
8 | established by the United States Department of Health and | ||||||
9 | Human Services. | ||||||
10 | (b) On the application of any person, before or after the | ||||||
11 | commencement of
an action: | ||||||
12 | (1) If the court finds that the applicant is an | ||||||
13 | indigent person, the court shall
grant the applicant a full | ||||||
14 | fees, costs, and charges waiver entitling him or her to sue | ||||||
15 | or defend the action without payment of any of the
fees, | ||||||
16 | costs, and charges. | ||||||
17 | (2) If the court finds that the applicant satisfies any | ||||||
18 | of the criteria contained in items (i), (ii), or (iii) of | ||||||
19 | this subdivision (b)(2), the court shall grant the | ||||||
20 | applicant a partial fees, costs, and charges waiver | ||||||
21 | entitling him or her to sue or defend the action upon | ||||||
22 | payment of the applicable percentage of the assessments, | ||||||
23 | costs, and charges of the action, as follows: | ||||||
24 | (i) the court shall waive 75% of all fees, costs, | ||||||
25 | and charges if the available income of the applicant is | ||||||
26 | greater than 125% 200% but does not exceed 150% 250% of |
| |||||||
| |||||||
1 | the poverty level, unless the assets of the applicant | ||||||
2 | that are not exempt under Part 9 or 10 of Article XII | ||||||
3 | of this Code are such that the applicant is able, | ||||||
4 | without undue hardship, to pay a greater portion of the | ||||||
5 | fees, costs, and charges; | ||||||
6 | (ii) the court shall waive 50% of all fees, costs, | ||||||
7 | and charges if the available income is greater than | ||||||
8 | 150% 250% but does not exceed 175% 300% of the poverty | ||||||
9 | level, unless the assets of the applicant that are not | ||||||
10 | exempt under Part 9 or 10 of Article XII of this Code | ||||||
11 | are such that the applicant is able, without undue | ||||||
12 | hardship, to pay a greater portion of the fees, costs, | ||||||
13 | and charges; and | ||||||
14 | (iii) the court shall waive 25% of all fees, costs, | ||||||
15 | and charges if the available income of the applicant is | ||||||
16 | greater than 175% 300% but does not exceed 200% 400% of | ||||||
17 | the current poverty level, unless the assets of the | ||||||
18 | applicant that are not exempt under Part 9 or 10 of | ||||||
19 | Article XII of this Code are such that the applicant is | ||||||
20 | able, without undue hardship, to pay a greater portion | ||||||
21 | of the fees, costs, and charges.
| ||||||
22 | (c) An application for waiver of court fees, costs, and | ||||||
23 | charges
shall be in writing and signed by the applicant, or, if | ||||||
24 | the
applicant is a minor or an incompetent adult, by another
| ||||||
25 | person having knowledge of the facts. The contents of the | ||||||
26 | application for waiver of court fees, costs, and charges, and |
| |||||||
| |||||||
1 | the procedure for the decision of the applications, shall be
| ||||||
2 | established by Supreme Court Rule. Factors to consider in | ||||||
3 | evaluating an application shall include: | ||||||
4 | (1) the applicant's receipt of needs based | ||||||
5 | governmental public benefits, including Supplemental | ||||||
6 | Security Income (SSI); Aid to the Aged, Blind and Disabled | ||||||
7 | (ADBD); Temporary Assistance for Needy Families (TANF); | ||||||
8 | Supplemental Nutrition Assistance Program (SNAP or "food | ||||||
9 | stamps"); General Assistance; Transitional Assistance; or | ||||||
10 | State Children and Family Assistance; | ||||||
11 | (2) the employment status of the applicant and amount | ||||||
12 | of monthly income, if any; | ||||||
13 | (3) income received from the applicant's pension, | ||||||
14 | Social Security benefits, unemployment benefits, and other | ||||||
15 | sources; | ||||||
16 | (4) income received by the applicant from other | ||||||
17 | household members; | ||||||
18 | (5) the applicant's monthly expenses, including rent, | ||||||
19 | home mortgage, other mortgage, utilities, food, medical, | ||||||
20 | vehicle, childcare, debts, child support, and other | ||||||
21 | expenses; and | ||||||
22 | (6) financial affidavits or other similar supporting | ||||||
23 | documentation provided by the applicant showing that | ||||||
24 | payment of the imposed fees, costs, and charges would | ||||||
25 | result in substantial hardship to the applicant or the | ||||||
26 | applicant's family. |
| |||||||
| |||||||
1 | (c-5) The court shall provide, through the
office of the | ||||||
2 | clerk of the court, the application for waiver of court fees, | ||||||
3 | costs, and charges to any person
seeking to sue or defend an | ||||||
4 | action who indicates an inability to pay the fees,
costs, and | ||||||
5 | charges of the action. The clerk of the court shall post in
a | ||||||
6 | conspicuous place in the courthouse a notice no smaller than | ||||||
7 | 8.5 x 11 inches,
using no smaller than 30-point typeface | ||||||
8 | printed in English and in Spanish,
advising
the public that | ||||||
9 | they may ask the court for permission to sue or defend a civil
| ||||||
10 | action without payment of fees, costs, and charges. The notice | ||||||
11 | shall be
substantially as follows:
| ||||||
12 | "If you are unable to pay the fees, costs, and charges | ||||||
13 | of an action you may
ask the court to allow you to proceed | ||||||
14 | without paying them. Ask the clerk of
the court for forms."
| ||||||
15 | (d) (Blank).
| ||||||
16 | (e) The clerk of the court shall not refuse to accept and | ||||||
17 | file any
complaint,
appearance, or other paper presented by the | ||||||
18 | applicant if accompanied by an
application for waiver of court | ||||||
19 | fees, costs, and charges, and those papers shall be
considered | ||||||
20 | filed on the date the application is presented. If the | ||||||
21 | application
is denied or a partial fees, costs, and charges | ||||||
22 | waiver is granted, the order shall state a date certain by | ||||||
23 | which the necessary fees,
costs, and charges must be paid. For | ||||||
24 | good cause shown, the court may allow an
applicant who receives | ||||||
25 | a partial fees, costs, and charges waiver to defer payment of | ||||||
26 | fees, costs, and
charges, make installment payments, or make |
| |||||||
| |||||||
1 | payment upon reasonable terms and
conditions stated in the | ||||||
2 | order. The court may dismiss the claims or strike the defenses | ||||||
3 | of
any party failing to pay the fees, costs, and charges within | ||||||
4 | the time and in the
manner ordered by the court. A judicial | ||||||
5 | ruling on an application for waiver of court assessments does | ||||||
6 | not constitute a decision of a substantial issue in the case | ||||||
7 | under Section 2-1001 of this Code.
| ||||||
8 | (f) The order granting a full or partial fees, costs, and | ||||||
9 | charges waiver shall expire after one year. Upon expiration of | ||||||
10 | the waiver, or a reasonable period of time before expiration, | ||||||
11 | the party whose fees, costs, and charges were waived may file | ||||||
12 | another application for waiver and the court shall consider the | ||||||
13 | application in accordance with the applicable Supreme Court | ||||||
14 | Rule.
| ||||||
15 | (f-5) If, before or at the time of final disposition of the | ||||||
16 | case, the court obtains information, including information | ||||||
17 | from the court file, suggesting that a person whose fees, | ||||||
18 | costs, and charges were initially waived was not entitled to a | ||||||
19 | full or partial waiver at the time of application, the court | ||||||
20 | may require the person to appear at a court hearing by giving | ||||||
21 | the applicant no less than 10 days' written notice of the | ||||||
22 | hearing and the specific reasons why the initial waiver might | ||||||
23 | be reconsidered. The court may require the applicant to provide | ||||||
24 | reasonably available evidence, including financial | ||||||
25 | information, to support his or her eligibility for the waiver, | ||||||
26 | but the court shall not require submission of information that |
| |||||||
| |||||||
1 | is unrelated to the criteria for eligibility and application | ||||||
2 | requirements set forth in subdivision subdivisions (b)(1) or | ||||||
3 | (b)(2) of this Section. If the court finds that the person was | ||||||
4 | not initially entitled to any waiver, the person shall pay all | ||||||
5 | fees, costs, and charges relating to the civil action, | ||||||
6 | including any previously waived previously-waived fees, costs, | ||||||
7 | and charges. The order may state terms of payment in accordance | ||||||
8 | with subsection (e). The court shall not conduct a hearing | ||||||
9 | under this subsection more often than once every 6 months. | ||||||
10 | (f-10) If, before or at the time of final disposition of | ||||||
11 | the case, the court obtains information, including information | ||||||
12 | from the court file, suggesting that a person who received a | ||||||
13 | full or partial waiver has experienced a change in financial | ||||||
14 | condition so that he or she is no longer eligible for that | ||||||
15 | waiver, the court may require the person to appear at a court | ||||||
16 | hearing by giving the applicant no less than 10 days' written | ||||||
17 | notice of the hearing and the specific reasons why the waiver | ||||||
18 | might be reconsidered. The court may require the person to | ||||||
19 | provide reasonably available evidence, including financial | ||||||
20 | information, to support his or her continued eligibility for | ||||||
21 | the waiver, but shall not require submission of information | ||||||
22 | that is unrelated to the criteria for eligibility and | ||||||
23 | application requirements set forth in subdivisions subsections | ||||||
24 | (b)(1) and (b)(2) of this Section. If the court enters an order | ||||||
25 | finding that the person is no longer entitled to a waiver, or | ||||||
26 | is entitled to a partial waiver different than that which the |
| |||||||
| |||||||
1 | person had previously received, the person shall pay the | ||||||
2 | requisite fees, costs, and charges from the date of the order | ||||||
3 | going forward. The order may state terms of payment in | ||||||
4 | accordance with subsection (e) of this Section. The court shall | ||||||
5 | not conduct a hearing under this subsection more often than | ||||||
6 | once every 6 months. | ||||||
7 | (g) A court, in its discretion, may appoint counsel to | ||||||
8 | represent an indigent
person, and that counsel shall perform | ||||||
9 | his or her duties without fees, charges,
or reward.
| ||||||
10 | (h) Nothing in this Section shall be construed to affect | ||||||
11 | the right of a
party to sue or defend an action in forma | ||||||
12 | pauperis without the payment of fees,
costs, charges, or the | ||||||
13 | right of a party to court-appointed counsel, as
authorized by | ||||||
14 | any other provision of law or by the rules of the Illinois
| ||||||
15 | Supreme Court. Nothing in this Section shall be construed to | ||||||
16 | limit the authority of a court to order another party to the | ||||||
17 | action to pay the fees, costs, and charges of the action.
| ||||||
18 | (h-5) If a party is represented by a civil legal services | ||||||
19 | provider or an attorney in a court-sponsored pro bono program | ||||||
20 | as defined in Section 5-105.5 of this Code, the attorney | ||||||
21 | representing that party shall file a certification with the | ||||||
22 | court in accordance with Supreme Court Rule 298 and that party | ||||||
23 | shall be allowed to sue or defend without payment of fees, | ||||||
24 | costs, and charges without filing an application under this | ||||||
25 | Section. | ||||||
26 | (h-10) If an attorney files an appearance on behalf of a |
| |||||||
| |||||||
1 | person whose fees, costs, and charges were initially waived | ||||||
2 | under this Section, the attorney must pay all fees, costs, and | ||||||
3 | charges relating to the civil action, including any previously | ||||||
4 | waived fees, costs, and charges, unless the attorney is either | ||||||
5 | a civil legal services provider, representing his or her client | ||||||
6 | as part of a court-sponsored pro bono program as defined in | ||||||
7 | Section 5-105.1 of this Code, or appearing under a limited | ||||||
8 | scope appearance in accordance with Supreme Court Rule | ||||||
9 | 13(c)(6). | ||||||
10 | (i) The provisions of this Section are severable under | ||||||
11 | Section 1.31 of the
Statute on Statutes.
| ||||||
12 | (Source: P.A. 100-987, eff. 7-1-19; revised 10-3-18.)
| ||||||
13 | Section 95. No acceleration or delay. Where this Act makes | ||||||
14 | changes in a statute that is represented in this Act by text | ||||||
15 | that is not yet or no longer in effect (for example, a Section | ||||||
16 | represented by multiple versions), the use of that text does | ||||||
17 | not accelerate or delay the taking effect of (i) the changes | ||||||
18 | made by this Act or (ii) provisions derived from any other | ||||||
19 | Public Act.
| ||||||
20 | Section 99. Effective date. This Act takes effect July 1, | ||||||
21 | 2019.".
|