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1 | | shall be entitled
to registration as a registered pharmacy |
2 | | technician who is of the age of 16
or over, has not engaged in |
3 | | conduct or behavior determined to be grounds for
discipline |
4 | | under this Act, is attending or has
graduated from an |
5 | | accredited high school or comparable school or educational
|
6 | | institution or received a high school equivalency certificate, |
7 | | and has filed a written application for registration on a form
|
8 | | to be prescribed and furnished by the Department for that |
9 | | purpose. The
Department shall issue a certificate of
|
10 | | registration as a registered pharmacy technician to any |
11 | | applicant who has
qualified as aforesaid, and such registration |
12 | | shall be the sole authority
required to assist licensed |
13 | | pharmacists in the practice of pharmacy, under
the supervision |
14 | | of a licensed pharmacist. A registered pharmacy technician may, |
15 | | under the supervision of a pharmacist, assist in the practice |
16 | | of pharmacy and perform such functions as assisting in the |
17 | | dispensing process, offering counseling, receiving new verbal |
18 | | prescription orders, and having prescriber contact concerning |
19 | | prescription drug order clarification. A registered pharmacy |
20 | | technician may not engage in patient counseling, drug regimen |
21 | | review, or clinical conflict resolution. |
22 | | Beginning on January 1, 2017 January 1, 2010 , within 2 |
23 | | years after initial registration as a registered pharmacy |
24 | | technician, the registrant must meet the requirements |
25 | | described in Section 9.5 of this Act and register as a |
26 | | registered certified pharmacy technician. If the registrant |
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1 | | has not yet attained the age of 18, then upon the next renewal |
2 | | as a registered pharmacy technician, the registrant must meet |
3 | | the requirements described in Section 9.5 of this Act and |
4 | | register as a registered certified pharmacy technician a |
5 | | pharmacy technician must become certified by successfully |
6 | | passing the Pharmacy Technician Certification Board (PTCB) |
7 | | examination or another Board-approved pharmacy technician |
8 | | examination and register as a certified pharmacy technician |
9 | | with the Department in order to continue to perform pharmacy |
10 | | technician's duties . This requirement does not apply to |
11 | | pharmacy technicians registered prior to January 1, 2008.
|
12 | | Any person registered
as a pharmacy technician who is also |
13 | | enrolled in a first professional
degree program in pharmacy in |
14 | | a school or college of pharmacy or a
department of pharmacy of |
15 | | a university approved by the Department or has graduated from |
16 | | such a program within the last 18 months, shall be
considered a |
17 | | "student pharmacist"
and entitled to use the title "student |
18 | | pharmacist". A student pharmacist must meet all of the |
19 | | requirements for registration as a pharmacy technician set |
20 | | forth in this Section excluding the requirement of |
21 | | certification prior to the second registration renewal and pay |
22 | | the required pharmacy technician registration fees. A student |
23 | | pharmacist may, under the supervision of a pharmacist, assist |
24 | | in the practice of pharmacy and perform any and all functions |
25 | | delegated to him or her by the pharmacist. |
26 | | Any person seeking licensure as a pharmacist who has |
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1 | | graduated from a pharmacy program outside the United States |
2 | | must register as a pharmacy technician and shall be considered |
3 | | a "student pharmacist" and be entitled to use the title |
4 | | "student pharmacist" while completing the 1,200 clinical hours |
5 | | of training approved by the Board of Pharmacy described and for |
6 | | no more than 18 months after completion of these hours. These |
7 | | individuals are not required to become registered certified |
8 | | pharmacy technicians while completing their Board approved |
9 | | clinical training, but must become licensed as a pharmacist or |
10 | | become a registered certified pharmacy technician before the |
11 | | second pharmacy technician registration renewal following |
12 | | completion of the Board approved clinical training. |
13 | | The Department shall not renew the pharmacy technician |
14 | | license of any person who has been registered as a "student |
15 | | pharmacist" and has dropped out of or been expelled from an |
16 | | ACPE accredited college of pharmacy, who has failed to complete |
17 | | his or her 1,200 hours of Board approved clinical training |
18 | | within 24 months or who has failed the pharmacist licensure |
19 | | examination 3 times and shall require these individuals to meet |
20 | | the requirements of and become registered as a registered |
21 | | certified pharmacy technician. |
22 | | The Department may
take any action set forth in Section 30 |
23 | | of this Act with regard to registrations
pursuant to this |
24 | | Section.
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25 | | Any person who is enrolled in a non-traditional Pharm.D.
|
26 | | program at an ACPE accredited college of pharmacy and is a |
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1 | | licensed pharmacist
under the laws of another United States |
2 | | jurisdiction shall be permitted to
engage in the program of |
3 | | practice experience required in the academic program
by virtue |
4 | | of such license. Such person shall be exempt from the |
5 | | requirement
of registration as a registered pharmacy |
6 | | technician while engaged in the
program of practice experience |
7 | | required in the academic program.
|
8 | | An applicant for registration as a pharmacy technician may |
9 | | assist a
pharmacist in the practice of pharmacy for a period of |
10 | | up to
60 days prior to the issuance of a certificate of |
11 | | registration if the
applicant has submitted the required fee |
12 | | and an application for registration
to the Department. The |
13 | | applicant shall keep a copy of the submitted
application on the |
14 | | premises where the applicant is assisting in the
practice of |
15 | | pharmacy. The Department shall forward confirmation of receipt |
16 | | of the application with start and expiration dates of practice |
17 | | pending registration.
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18 | | (Source: P.A. 98-718, eff. 1-1-15 .)
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19 | | (225 ILCS 85/9.5) |
20 | | (Section scheduled to be repealed on January 1, 2018)
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21 | | Sec. 9.5. Registered certified Certified pharmacy |
22 | | technician. |
23 | | (a) An individual registered as a registered pharmacy |
24 | | technician under this Act may be registered as a registered |
25 | | certified pharmacy technician, if he or she meets all of the |
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1 | | following requirements: |
2 | | (1) He or she has submitted a written application in |
3 | | the form and manner prescribed by the Department. |
4 | | (2) He or she has attained the age of 18. |
5 | | (3) He or she is of good moral character, as determined |
6 | | by the Department. |
7 | | (4) He or she has (i) graduated from pharmacy |
8 | | technician training meeting the requirements set forth in |
9 | | subsection (a) of Section 17.1 of this Act or (ii) obtained |
10 | | documentation from the pharmacist-in-charge of the |
11 | | pharmacy where the applicant is employed verifying that he |
12 | | or she has successfully completed a training program and |
13 | | has successfully completed an objective assessment |
14 | | mechanism prepared in accordance with rules established by |
15 | | the Department. |
16 | | (5) He or she has successfully passed an examination |
17 | | accredited by the National Commission for Certifying |
18 | | Agencies National Organization of Certifying Agencies , as |
19 | | approved and required by the Board. |
20 | | (6) He or she has paid the required certification fees. |
21 | | (b) No pharmacist whose license has been denied, revoked, |
22 | | suspended, or restricted for disciplinary purposes may be |
23 | | eligible to be registered as a certified pharmacy technician. |
24 | | (c) The Department may, by rule, establish any additional |
25 | | requirements for certification under this Section.
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26 | | (d) A person who is not a registered pharmacy technician |
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1 | | and meets the requirements of this Section may register as a |
2 | | registered certified pharmacy technician without first |
3 | | registering as a pharmacy technician. |
4 | | (e) As a condition for the renewal of a certificate of |
5 | | registration as a registered certified pharmacy technician, |
6 | | the registrant shall provide evidence to the Department of |
7 | | completion of a total of 20 hours of continuing pharmacy |
8 | | education during the 24 months preceding the expiration date of |
9 | | the certificate. One hour of continuing pharmacy education must |
10 | | be in the subject of pharmacy law. One hour of continuing |
11 | | pharmacy education must be in the subject of patient safety. |
12 | | The continuing education shall be approved by the Accreditation |
13 | | Council on Pharmacy Education. |
14 | | The Department shall establish by rule a means for the |
15 | | verification of completion of the continuing education |
16 | | required by this subsection (e). This verification may be |
17 | | accomplished through audits of records maintained by |
18 | | registrants, by requiring the filing of continuing education |
19 | | certificates with the Department or a qualified organization |
20 | | selected by the Department to maintain such records, or by |
21 | | other means established by the Department. |
22 | | Rules developed under this subsection (e) may provide for a |
23 | | reasonable annual fee, not to exceed $20, to fund the cost of |
24 | | such recordkeeping. The Department shall, by rule, further |
25 | | provide an orderly process for the reinstatement of a |
26 | | registration that has not been renewed due to the failure to |
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1 | | meet the continuing pharmacy education requirements of this |
2 | | subsection (e). The Department may waive the requirements of |
3 | | continuing pharmacy education, in whole or in part, in cases of |
4 | | extreme hardship as defined by rule of the Department. The |
5 | | waivers shall be granted for not more than one of any 3 |
6 | | consecutive renewal periods. |
7 | | (Source: P.A. 95-689, eff. 10-29-07; 96-673, eff. 1-1-10.)
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8 | | (225 ILCS 85/11) (from Ch. 111, par. 4131)
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9 | | (Section scheduled to be repealed on January 1, 2018)
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10 | | Sec. 11. Duties of the Department. The Department shall |
11 | | exercise the
powers and duties prescribed by
the Civil |
12 | | Administrative Code of Illinois for the administration of |
13 | | Licensing
Acts and shall exercise such other powers and duties |
14 | | necessary for effectuating
the purpose of this Act. However, |
15 | | the following powers and duties shall be
exercised only upon |
16 | | review
of the Board of
Pharmacy to take such action:
|
17 | | (a) Formulate such rules, not inconsistent with law and |
18 | | subject to
the Illinois Administrative Procedure Act, as may be |
19 | | necessary to carry
out the purposes and enforce the provisions |
20 | | of this Act. The Director
may grant variances from any such |
21 | | rules as provided for in this Section;
|
22 | | (b) The suspension, revocation, placing on probationary
|
23 | | status, reprimand, and refusing to issue or restore any license |
24 | | or
certificate of registration issued under the provisions of |
25 | | this Act
for the reasons set forth in Section 30 of this Act.
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1 | | (c) The issuance, renewal, restoration or reissuance of any |
2 | | license
or certificate which has been previously refused to be |
3 | | issued or renewed,
or has been revoked, suspended or placed on |
4 | | probationary status.
|
5 | | The granting of variances from rules promulgated pursuant |
6 | | to this Section in
individual cases where there is a finding |
7 | | that:
|
8 | | (1) the provision from which the variance is granted is |
9 | | not statutorily
mandated;
|
10 | | (2) no party will be injured by the granting of the |
11 | | variance; and
|
12 | | (3) the rule from which the variance is granted would, |
13 | | in the particular
case, be unreasonable or unnecessarily |
14 | | burdensome.
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15 | | The Director shall notify the State Board of Pharmacy of |
16 | | the granting
of such variance and the reasons therefor, at the |
17 | | next meeting of the Board.
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18 | | (d) The Secretary shall appoint a chief pharmacy |
19 | | coordinator and at least 2 deputy pharmacy coordinators, all of |
20 | | whom shall be registered pharmacists in good standing in this |
21 | | State, shall be graduates of an accredited college of pharmacy |
22 | | or hold, at a minimum, a bachelor of science degree in |
23 | | pharmacy, and shall have at least 5 years of experience in the |
24 | | practice of pharmacy immediately prior to his or her |
25 | | appointment. The chief pharmacy coordinator shall be the |
26 | | executive administrator and the chief enforcement officer of |
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1 | | this Act. The deputy pharmacy coordinators shall report to the |
2 | | chief pharmacy coordinator. The Secretary shall assign at least |
3 | | one deputy pharmacy coordinator to a region composed of Cook |
4 | | County and such other counties as the Secretary may deem |
5 | | appropriate, and such deputy pharmacy coordinator shall have |
6 | | his or her primary office in Chicago. The Secretary shall |
7 | | assign at least one deputy pharmacy coordinator to a region |
8 | | composed of the balance of counties in the State, and such |
9 | | deputy pharmacy coordinator shall have his or her primary |
10 | | office in Springfield. |
11 | | (e) The Secretary shall, in conformity with the Personnel |
12 | | Code, employ not less than 4 pharmacy investigators who shall |
13 | | report to the pharmacy coordinator or a deputy pharmacy |
14 | | coordinator. Each pharmacy investigator shall be a graduate of |
15 | | a 4-year college or university and shall (i) have at least 2 |
16 | | years of investigative experience; (ii) have 2 years of |
17 | | responsible pharmacy experience; or (iii) be a licensed |
18 | | pharmacist unless employed as a pharmacy investigator on or |
19 | | before the effective date of this amendatory Act of the 99th |
20 | | General Assembly . The Department shall also employ at least one |
21 | | attorney to prosecute violations of this Act and its rules. The |
22 | | Department may, in conformity with the Personnel Code, employ |
23 | | such clerical and other employees as are necessary to carry out |
24 | | the duties of the Board and Department. |
25 | | The duly authorized pharmacy investigators of the |
26 | | Department shall have the right to enter and inspect, during |
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1 | | business hours, any pharmacy or any other place in this State |
2 | | holding itself out to be a pharmacy where medicines, drugs or |
3 | | drug products, or proprietary medicines are sold, offered for |
4 | | sale, exposed for sale, or kept for sale.
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5 | | (Source: P.A. 95-689, eff. 10-29-07.)
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6 | | (225 ILCS 85/16c new) |
7 | | Sec. 16c. Medicine locking closure package. |
8 | | (a) As used in this Section: |
9 | | "Medicine locking closure package" means any alphanumeric |
10 | | combination locking closure mechanism that can only be unlocked |
11 | | with a user-generated, resettable alphanumeric code in |
12 | | combination with an amber prescription container that forms a |
13 | | package that allows only the person with a prescription access |
14 | | to the medicine. |
15 | | "Schedule II controlled substance" means a Schedule II |
16 | | controlled substance under the United States Controlled |
17 | | Substances Act and 21 CFR 1308. |
18 | | (b) Effective January 1, 2016, the Department shall |
19 | | implement a pilot project requiring that every new or refilled |
20 | | prescription for a Schedule II controlled substance containing |
21 | | hydrocodone shall only be dispensed in a non-reusable medicine |
22 | | locking closure package. |
23 | | (c) The medicine locking closure package must be dispensed |
24 | | by the pharmacy with instructions for patient use. |
25 | | (d) The manufacturer of the medicine locking closure |
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1 | | package must make available assistance online or through a |
2 | | toll-free number for patient use. |
3 | | (e) Prescriptions reimbursed via the Medicare Part D and |
4 | | Medicaid programs, including Medicaid managed care plans, are |
5 | | exempt from the provisions of this Section. |
6 | | (f) Prescriptions for individuals residing in facilities |
7 | | licensed under the Nursing Home Care Act are exempt from the |
8 | | provisions of this Section. |
9 | | (g) The Hydrocodone Abuse Control Fund is created as a |
10 | | special fund in the State treasury. Moneys in the Hydrocodone |
11 | | Abuse Control Fund shall be used by the Department to fund a |
12 | | rebate program to reimburse pharmacies for implementation of |
13 | | the pilot project under this Section. |
14 | | (h) This Section is repealed on January 1, 2017. |
15 | | Section 15. The Clerks of Courts Act is amended by changing |
16 | | Sections 27.5 and 27.6 as follows:
|
17 | | (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
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18 | | Sec. 27.5. (a) All fees, fines, costs, additional |
19 | | penalties, bail balances
assessed or forfeited, and any other |
20 | | amount paid by a person to the circuit
clerk that equals an |
21 | | amount less than $55, except restitution under Section
5-5-6 of |
22 | | the Unified Code of Corrections, reimbursement for the costs of |
23 | | an
emergency response as provided under Section 11-501 of the |
24 | | Illinois Vehicle
Code, any fees collected for attending a |
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1 | | traffic safety program under
paragraph (c) of Supreme Court |
2 | | Rule 529, any fee collected on behalf of a
State's Attorney |
3 | | under Section 4-2002 of the Counties Code or a sheriff under
|
4 | | Section 4-5001 of the Counties Code, or any cost imposed under |
5 | | Section 124A-5
of the Code of Criminal Procedure of 1963, for |
6 | | convictions, orders of
supervision, or any other disposition |
7 | | for a violation of Chapters 3, 4, 6,
11, and 12 of the Illinois |
8 | | Vehicle Code, or a similar provision of a local
ordinance, and |
9 | | any violation of the Child Passenger Protection Act, or a
|
10 | | similar provision of a local ordinance, and except as otherwise |
11 | | provided in this Section, shall be disbursed within 60 days |
12 | | after receipt by the circuit
clerk as follows , except as |
13 | | provided in subsection (a-5) : 47% shall be disbursed to the |
14 | | entity authorized by law to
receive the fine imposed in the |
15 | | case; 12% shall be disbursed to the State
Treasurer; and 41% |
16 | | shall be disbursed to the county's general corporate fund.
Of |
17 | | the 12% disbursed to the State Treasurer, 1/6 shall be |
18 | | deposited by the
State Treasurer into the Violent Crime Victims |
19 | | Assistance Fund, 1/2 shall be
deposited into the Traffic and |
20 | | Criminal Conviction Surcharge Fund, and 1/3
shall be deposited |
21 | | into the Drivers Education Fund. For fiscal years 1992 and
|
22 | | 1993, amounts deposited into the Violent Crime Victims |
23 | | Assistance Fund, the
Traffic and Criminal Conviction Surcharge |
24 | | Fund, or the Drivers Education Fund
shall not exceed 110% of |
25 | | the amounts deposited into those funds in fiscal year
1991. Any |
26 | | amount that exceeds the 110% limit shall be distributed as |
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1 | | follows:
50% shall be disbursed to the county's general |
2 | | corporate fund and 50% shall be
disbursed to the entity |
3 | | authorized by law to receive the fine imposed in the
case. Not |
4 | | later than March 1 of each year the circuit clerk
shall submit |
5 | | a report of the amount of funds remitted to the State
Treasurer |
6 | | under this Section during the preceding year based upon
|
7 | | independent verification of fines and fees. All counties shall |
8 | | be subject
to this Section, except that counties with a |
9 | | population under 2,000,000
may, by ordinance, elect not to be |
10 | | subject to this Section. For offenses
subject to this Section, |
11 | | judges shall impose one total sum of money payable
for |
12 | | violations. The circuit clerk may add on no additional amounts |
13 | | except
for amounts that are required by Sections 27.3a and |
14 | | 27.3c of
this Act, Section 16-104c of the Illinois Vehicle |
15 | | Code, and subsection (a) of Section 5-1101 of the Counties |
16 | | Code, unless those amounts are specifically waived by the |
17 | | judge. With
respect to money collected by the circuit clerk as |
18 | | a result of
forfeiture of bail, ex parte judgment or guilty |
19 | | plea pursuant to Supreme
Court Rule 529, the circuit clerk |
20 | | shall first deduct and pay amounts
required by Sections 27.3a |
21 | | and 27.3c of this Act. Unless a court ordered payment schedule |
22 | | is implemented or fee requirements are waived pursuant to a |
23 | | court order, the circuit clerk may add to any unpaid fees and |
24 | | costs a delinquency amount equal to 5% of the unpaid fees that |
25 | | remain unpaid after 30 days, 10% of the unpaid fees that remain |
26 | | unpaid after 60 days, and 15% of the unpaid fees that remain |
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1 | | unpaid after 90 days. Notice to those parties may be made by |
2 | | signage posting or publication. The additional delinquency |
3 | | amounts collected under this Section shall be deposited in the |
4 | | Circuit Court Clerk Operation and Administrative Fund to be |
5 | | used to defray administrative costs incurred by the circuit |
6 | | clerk in performing the duties required to collect and disburse |
7 | | funds. This Section is a denial
and limitation of home rule |
8 | | powers and functions under subsection (h) of
Section 6 of |
9 | | Article VII of the Illinois Constitution.
|
10 | | (a-5) On and after the effective date of this amendatory |
11 | | Act of the 99th General Assembly and until January 1, 2017, |
12 | | notwithstanding the provisions of subsection (a), for |
13 | | violations of paragraphs (4), (5), and (6) of subsection (a) of |
14 | | Section 11-501 of the Illinois Vehicle Code, all fees, fines, |
15 | | costs, additional penalties, bail balances assessed or |
16 | | forfeited, and any other amount paid by a person to the circuit |
17 | | clerk under subsection (a), shall be disbursed within 60 days |
18 | | after receipt by the circuit clerk as follows: |
19 | | (1) 42% shall be disbursed to the entity authorized by
|
20 | | law to receive the fine imposed in the case; |
21 | | (2) 12% shall be disbursed to the State Treasurer, to |
22 | | be deposited as follows: 1/6 shall be deposited by the |
23 | | State Treasurer into the Violent Crime Victims Assistance |
24 | | Fund, 1/2 shall be deposited into the Traffic and Criminal |
25 | | Conviction Surcharge Fund, and 1/3 shall be deposited into |
26 | | the Drivers Education Fund; |
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1 | | (3) 36% shall be disbursed to the county's general |
2 | | corporate fund; and |
3 | | (4) 10% shall be disbursed to the State Treasurer, to |
4 | | be deposited into the Hydrocodone Abuse Control Fund. |
5 | | (b) The following amounts must be remitted to the State |
6 | | Treasurer for
deposit into the Illinois Animal Abuse Fund:
|
7 | | (1) 50% of the amounts collected for felony offenses |
8 | | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, |
9 | | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for |
10 | | Animals Act and Section 26-5 or 48-1 of the Criminal Code |
11 | | of
1961 or the Criminal Code of 2012;
|
12 | | (2) 20% of the amounts collected for Class A and Class |
13 | | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, |
14 | | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care |
15 | | for Animals Act and Section 26-5 or 48-1 of the Criminal
|
16 | | Code of 1961 or the Criminal Code of 2012; and
|
17 | | (3) 50% of the amounts collected for Class C |
18 | | misdemeanors under
Sections 4.01 and 7.1 of the Humane Care |
19 | | for Animals Act and Section 26-5
or 48-1 of the Criminal |
20 | | Code of 1961 or the Criminal Code of 2012.
|
21 | | (c) Any person who receives a disposition of court |
22 | | supervision for a violation of the Illinois Vehicle Code or a |
23 | | similar provision of a local ordinance shall, in addition to |
24 | | any other fines, fees, and court costs, pay an additional fee |
25 | | of $29, to be disbursed as provided in Section 16-104c of the |
26 | | Illinois Vehicle Code. In addition to the fee of $29, the |
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1 | | person shall also pay a fee of $6, if not waived by the court. |
2 | | If this $6 fee is collected, $5.50 of the fee shall be |
3 | | deposited into the Circuit Court Clerk Operation and |
4 | | Administrative Fund created by the Clerk of the Circuit Court |
5 | | and 50 cents of the fee shall be deposited into the Prisoner |
6 | | Review Board Vehicle and Equipment Fund in the State treasury. |
7 | | (d) Any person convicted of, pleading guilty to, or placed |
8 | | on supervision for a serious traffic violation, as defined in |
9 | | Section 1-187.001 of the Illinois Vehicle Code, a violation of |
10 | | Section 11-501 of the Illinois Vehicle Code, or a violation of |
11 | | a similar provision of a local ordinance shall pay an |
12 | | additional fee of $35, to be disbursed as provided in Section |
13 | | 16-104d of that Code. |
14 | | This subsection (d) becomes inoperative on January 1, 2020.
|
15 | | (e) In all counties having a population of 3,000,000 or |
16 | | more inhabitants: |
17 | | (1) A person who is found guilty of or pleads guilty to |
18 | | violating subsection (a) of Section 11-501 of the Illinois |
19 | | Vehicle Code, including any person placed on court |
20 | | supervision for violating subsection (a), shall be fined |
21 | | $750 as provided for by subsection (f) of Section 11-501.01 |
22 | | of the Illinois Vehicle Code, payable to the circuit clerk, |
23 | | who shall distribute the money pursuant to subsection (f) |
24 | | of Section 11-501.01 of the Illinois Vehicle Code. |
25 | | (2) When a crime laboratory DUI analysis fee of $150, |
26 | | provided for by Section 5-9-1.9 of the Unified Code of |
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1 | | Corrections is assessed, it shall be disbursed by the |
2 | | circuit clerk as provided by subsection (f) of Section |
3 | | 5-9-1.9 of the Unified Code of Corrections. |
4 | | (3) When a fine for a violation of subsection (a) of |
5 | | Section 11-605 of the Illinois Vehicle Code is $150 or |
6 | | greater, the additional $50 which is charged as provided |
7 | | for by subsection (f) of Section 11-605 of the Illinois |
8 | | Vehicle Code shall be disbursed by the circuit clerk to a |
9 | | school district or districts for school safety purposes as |
10 | | provided by subsection (f) of Section 11-605. |
11 | | (4) When a fine for a violation of subsection (a) of |
12 | | Section 11-1002.5 of the Illinois Vehicle Code is $150 or |
13 | | greater, the additional $50 which is charged as provided |
14 | | for by subsection (c) of Section 11-1002.5 of the Illinois |
15 | | Vehicle Code shall be disbursed by the circuit clerk to a |
16 | | school district or districts for school safety purposes as |
17 | | provided by subsection (c) of Section 11-1002.5 of the |
18 | | Illinois Vehicle Code. |
19 | | (5) When a mandatory drug court fee of up to $5 is |
20 | | assessed as provided in subsection (f) of Section 5-1101 of |
21 | | the Counties Code, it shall be disbursed by the circuit |
22 | | clerk as provided in subsection (f) of Section 5-1101 of |
23 | | the Counties Code. |
24 | | (6) When a mandatory teen court, peer jury, youth |
25 | | court, or other youth diversion program fee is assessed as |
26 | | provided in subsection (e) of Section 5-1101 of the |
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1 | | Counties Code, it shall be disbursed by the circuit clerk |
2 | | as provided in subsection (e) of Section 5-1101 of the |
3 | | Counties Code. |
4 | | (7) When a Children's Advocacy Center fee is assessed |
5 | | pursuant to subsection (f-5) of Section 5-1101 of the |
6 | | Counties Code, it shall be disbursed by the circuit clerk |
7 | | as provided in subsection (f-5) of Section 5-1101 of the |
8 | | Counties Code. |
9 | | (8) When a victim impact panel fee is assessed pursuant |
10 | | to subsection (b) of Section 11-501.01 of the Illinois |
11 | | Vehicle Code, it shall be disbursed by the circuit clerk to |
12 | | the victim impact panel to be
attended by the defendant. |
13 | | (9) When a new fee collected in traffic cases is |
14 | | enacted after January 1, 2010 (the effective date of Public |
15 | | Act 96-735), it shall be excluded from the percentage |
16 | | disbursement provisions of this Section unless otherwise |
17 | | indicated by law. |
18 | | (f) Any person who receives a disposition of court |
19 | | supervision for a violation of Section 11-501 of the Illinois |
20 | | Vehicle Code shall, in addition to any other fines, fees, and |
21 | | court costs, pay an additional fee of $50, which shall
be |
22 | | collected by the circuit clerk and then remitted to the State |
23 | | Treasurer for deposit into the Roadside Memorial Fund, a |
24 | | special fund in the State treasury. However, the court may |
25 | | waive the fee if full restitution is complied with. Subject to |
26 | | appropriation, all moneys in the Roadside Memorial Fund shall |
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1 | | be used by the Department of Transportation to pay fees imposed |
2 | | under subsection (f) of Section 20 of the Roadside Memorial |
3 | | Act. The fee shall be remitted by the circuit clerk within one |
4 | | month after receipt to the State Treasurer for deposit into the |
5 | | Roadside Memorial Fund. |
6 | | (g) For any conviction or disposition of court supervision |
7 | | for a violation of Section 11-1429 of the Illinois Vehicle |
8 | | Code, the circuit clerk shall distribute the fines paid by the |
9 | | person as specified by subsection (h) of Section 11-1429 of the |
10 | | Illinois Vehicle Code. |
11 | | (Source: P.A. 97-333, eff. 8-12-11; 97-1108, eff. 1-1-13; |
12 | | 97-1150, eff. 1-25-13; 98-658, eff. 6-23-14.)
|
13 | | (705 ILCS 105/27.6)
|
14 | | (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625, |
15 | | 96-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150, |
16 | | 98-658, and 98-1013) |
17 | | Sec. 27.6. (a) All fees, fines, costs, additional |
18 | | penalties, bail balances
assessed or forfeited, and any other |
19 | | amount paid by a person to the circuit
clerk equalling an |
20 | | amount of $55 or more, except the fine imposed by Section |
21 | | 5-9-1.15
of the Unified Code of Corrections, the additional fee |
22 | | required
by subsections (b) and (c), restitution under Section |
23 | | 5-5-6 of the
Unified Code of Corrections, contributions to a |
24 | | local anti-crime program ordered pursuant to Section |
25 | | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of |
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1 | | Corrections, reimbursement for the costs of an emergency
|
2 | | response as provided under Section 11-501 of the Illinois |
3 | | Vehicle Code,
any fees collected for attending a traffic safety |
4 | | program under paragraph (c)
of Supreme Court Rule 529, any fee |
5 | | collected on behalf of a State's Attorney
under Section 4-2002 |
6 | | of the Counties Code or a sheriff under Section 4-5001
of the |
7 | | Counties Code, or any cost imposed under Section 124A-5 of the |
8 | | Code of
Criminal Procedure of 1963, for convictions, orders of |
9 | | supervision, or any
other disposition for a violation of |
10 | | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a |
11 | | similar provision of a local ordinance, and any
violation of |
12 | | the Child Passenger Protection Act, or a similar provision of a
|
13 | | local ordinance, and except as otherwise provided in this |
14 | | Section
shall be disbursed
within 60 days after receipt by the |
15 | | circuit
clerk as follows , except as provided in subsection |
16 | | (a-5) : 44.5% shall be disbursed to the entity authorized by law |
17 | | to
receive the fine imposed in the case; 16.825% shall be |
18 | | disbursed to the State
Treasurer; and 38.675% shall be |
19 | | disbursed to the county's general corporate
fund. Of the |
20 | | 16.825% disbursed to the State Treasurer, 2/17 shall be |
21 | | deposited
by the State Treasurer into the Violent Crime Victims |
22 | | Assistance Fund, 5.052/17
shall be deposited into the Traffic |
23 | | and Criminal Conviction Surcharge Fund,
3/17 shall be deposited |
24 | | into the Drivers Education Fund, and 6.948/17 shall be
|
25 | | deposited into the Trauma Center Fund. Of the 6.948/17 |
26 | | deposited into the
Trauma Center Fund from the 16.825% |
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1 | | disbursed to the State Treasurer, 50% shall
be disbursed to the |
2 | | Department of Public Health and 50% shall be disbursed to
the |
3 | | Department of Healthcare and Family Services. For fiscal year |
4 | | 1993, amounts deposited into
the Violent Crime Victims |
5 | | Assistance Fund, the Traffic and Criminal
Conviction Surcharge |
6 | | Fund, or the Drivers Education Fund shall not exceed 110%
of |
7 | | the amounts deposited into those funds in fiscal year 1991. Any
|
8 | | amount that exceeds the 110% limit shall be distributed as |
9 | | follows: 50%
shall be disbursed to the county's general |
10 | | corporate fund and 50% shall be
disbursed to the entity |
11 | | authorized by law to receive the fine imposed in
the case. Not |
12 | | later than March 1 of each year the circuit clerk
shall submit |
13 | | a report of the amount of funds remitted to the State
Treasurer |
14 | | under this Section during the preceding year based upon
|
15 | | independent verification of fines and fees. All counties shall |
16 | | be subject
to this Section, except that counties with a |
17 | | population under 2,000,000
may, by ordinance, elect not to be |
18 | | subject to this Section. For offenses
subject to this Section, |
19 | | judges shall impose one total sum of money payable
for |
20 | | violations. The circuit clerk may add on no additional amounts |
21 | | except
for amounts that are required by Sections 27.3a and |
22 | | 27.3c of
this Act, unless those amounts are specifically waived |
23 | | by the judge. With
respect to money collected by the circuit |
24 | | clerk as a result of
forfeiture of bail, ex parte judgment or |
25 | | guilty plea pursuant to Supreme
Court Rule 529, the circuit |
26 | | clerk shall first deduct and pay amounts
required by Sections |
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1 | | 27.3a and 27.3c of this Act. This Section is a denial
and |
2 | | limitation of home rule powers and functions under subsection |
3 | | (h) of
Section 6 of Article VII of the Illinois Constitution.
|
4 | | (a-5) On and after the effective date of this amendatory |
5 | | Act of the 99th General Assembly and until January 1, 2017, |
6 | | notwithstanding the provisions of subsection (a), for |
7 | | violations of paragraphs (4), (5), and (6) of subsection (a) of |
8 | | Section 11-501 of the Illinois Vehicle Code, all fees, fines, |
9 | | costs, additional penalties, bail balances assessed or |
10 | | forfeited, and any other amount paid by a person to the circuit |
11 | | clerk under subsection (a), shall be disbursed within 60 days |
12 | | after receipt by the circuit clerk as follows: |
13 | | (1) 39.5% shall be disbursed to the entity authorized |
14 | | by law to receive the fine imposed in the case; |
15 | | (2) 16.825% shall be disbursed to the State Treasurer, |
16 | | to be deposited as follows: 2/17 shall be deposited by the |
17 | | State Treasurer into the Violent Crime Victims Assistance |
18 | | Fund, 5.052/17 shall be deposited into the Traffic and |
19 | | Criminal Conviction Surcharge Fund, 3/17 shall be |
20 | | deposited into the Drivers Education Fund, and 6.948/17 |
21 | | shall be deposited into the Trauma Center Fund; |
22 | | (3) 33.675% shall be disbursed to the county's general |
23 | | corporate fund; and |
24 | | (4) 10% shall be disbursed to the State Treasurer, to |
25 | | be deposited into the Hydrocodone Abuse Control Fund. |
26 | | (b) In addition to any other fines and court costs assessed |
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1 | | by the courts,
any person convicted or receiving an order of |
2 | | supervision for driving under
the influence of alcohol or drugs |
3 | | shall pay an additional fee of $100 to the
clerk of the circuit |
4 | | court. This amount, less 2 1/2% that shall be used to
defray |
5 | | administrative costs incurred by the clerk, shall be remitted |
6 | | by the
clerk to the Treasurer within 60 days after receipt for |
7 | | deposit into the Trauma
Center Fund. This additional fee of |
8 | | $100 shall not be considered a part of the
fine for purposes of |
9 | | any reduction in the fine for time served either before or
|
10 | | after sentencing. Not later than March 1 of each year the |
11 | | Circuit Clerk shall
submit a report of the amount of funds |
12 | | remitted to the State Treasurer under
this subsection during |
13 | | the preceding calendar year.
|
14 | | (b-1) In addition to any other fines and court costs |
15 | | assessed by the courts,
any person convicted or receiving an |
16 | | order of supervision for driving under the
influence of alcohol |
17 | | or drugs shall pay an additional fee of $5 to the clerk
of the |
18 | | circuit court. This amount, less
2 1/2% that shall be used to |
19 | | defray administrative costs incurred by the clerk,
shall be |
20 | | remitted by the clerk to the Treasurer within 60 days after |
21 | | receipt
for deposit into the Spinal Cord Injury Paralysis Cure |
22 | | Research Trust Fund.
This additional fee of $5 shall not
be |
23 | | considered a part of the fine for purposes of any reduction in |
24 | | the fine for
time served either before or after sentencing. Not |
25 | | later than March 1 of each
year the Circuit Clerk shall submit |
26 | | a report of the amount of funds remitted to
the State Treasurer |
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1 | | under this subsection during the preceding calendar
year.
|
2 | | (c) In addition to any other fines and court costs assessed |
3 | | by the courts,
any person convicted for a violation of Sections |
4 | | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or the |
5 | | Criminal Code of 2012 or a person sentenced for a violation of |
6 | | the Cannabis
Control Act, the Illinois Controlled Substances |
7 | | Act, or the Methamphetamine Control and Community Protection |
8 | | Act
shall pay an additional fee of $100 to the clerk
of the |
9 | | circuit court. This amount, less
2 1/2% that shall be used to |
10 | | defray administrative costs incurred by the clerk,
shall be |
11 | | remitted by the clerk to the Treasurer within 60 days after |
12 | | receipt
for deposit into the Trauma Center Fund. This |
13 | | additional fee of $100 shall not
be considered a part of the |
14 | | fine for purposes of any reduction in the fine for
time served |
15 | | either before or after sentencing. Not later than March 1 of |
16 | | each
year the Circuit Clerk shall submit a report of the amount |
17 | | of funds remitted to
the State Treasurer under this subsection |
18 | | during the preceding calendar year.
|
19 | | (c-1) In addition to any other fines and court costs |
20 | | assessed by the
courts, any person sentenced for a violation of |
21 | | the Cannabis Control Act,
the Illinois Controlled Substances |
22 | | Act, or the Methamphetamine Control and Community Protection |
23 | | Act shall pay an additional fee of $5 to the
clerk of the |
24 | | circuit court. This amount, less 2 1/2% that shall be used to
|
25 | | defray administrative costs incurred by the clerk, shall be |
26 | | remitted by the
clerk to the Treasurer within 60 days after |
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1 | | receipt for deposit into the Spinal
Cord Injury Paralysis Cure |
2 | | Research Trust Fund. This additional fee of $5
shall not be |
3 | | considered a part of the fine for purposes of any reduction in |
4 | | the
fine for time served either before or after sentencing. Not |
5 | | later than March 1
of each year the Circuit Clerk shall submit |
6 | | a report of the amount of funds
remitted to the State Treasurer |
7 | | under this subsection during the preceding
calendar year.
|
8 | | (d) The following amounts must be remitted to the State |
9 | | Treasurer for
deposit into the Illinois Animal Abuse Fund:
|
10 | | (1) 50% of the amounts collected for felony offenses |
11 | | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, |
12 | | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for |
13 | | Animals Act and Section 26-5 or 48-1 of the Criminal Code |
14 | | of
1961 or the Criminal Code of 2012;
|
15 | | (2) 20% of the amounts collected for Class A and Class |
16 | | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, |
17 | | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care |
18 | | for Animals Act and Section 26-5 or 48-1 of the Criminal
|
19 | | Code of 1961 or the Criminal Code of 2012; and
|
20 | | (3) 50% of the amounts collected for Class C |
21 | | misdemeanors under Sections
4.01 and 7.1 of the Humane Care |
22 | | for Animals Act and Section 26-5 or 48-1 of the
Criminal |
23 | | Code of 1961 or the Criminal Code of 2012.
|
24 | | (e) Any person who receives a disposition of court |
25 | | supervision for a violation of the Illinois Vehicle Code or a |
26 | | similar provision of a local ordinance shall, in addition to |
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1 | | any other fines, fees, and court costs, pay an additional fee |
2 | | of $29, to be disbursed as provided in Section 16-104c of the |
3 | | Illinois Vehicle Code. In addition to the fee of $29, the |
4 | | person shall also pay a fee of $6, if not waived by the court. |
5 | | If this $6 fee is collected, $5.50 of the fee shall be |
6 | | deposited into the Circuit Court Clerk Operation and |
7 | | Administrative Fund created by the Clerk of the Circuit Court |
8 | | and 50 cents of the fee shall be deposited into the Prisoner |
9 | | Review Board Vehicle and Equipment Fund in the State treasury.
|
10 | | (f) This Section does not apply to the additional child |
11 | | pornography fines assessed and collected under Section |
12 | | 5-9-1.14 of the Unified Code of Corrections.
|
13 | | (g) (Blank). |
14 | | (h) (Blank). |
15 | | (i)
Of the amounts collected as fines under subsection (b) |
16 | | of Section 3-712 of the Illinois Vehicle Code, 99% shall be |
17 | | deposited into the Illinois Military Family Relief Fund and 1% |
18 | | shall be deposited into the Circuit Court Clerk Operation and |
19 | | Administrative Fund created by the Clerk of the Circuit Court |
20 | | to be used to offset the costs incurred by the Circuit Court |
21 | | Clerk in performing the additional duties required to collect |
22 | | and disburse funds to entities of State and local government as |
23 | | provided by law.
|
24 | | (j) Any person convicted of, pleading guilty to, or placed |
25 | | on supervision for a serious traffic violation, as defined in |
26 | | Section 1-187.001 of the Illinois Vehicle Code, a violation of |
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1 | | Section 11-501 of the Illinois Vehicle Code, or a violation of |
2 | | a similar provision of a local ordinance shall pay an |
3 | | additional fee of $35, to be disbursed as provided in Section |
4 | | 16-104d of that Code. |
5 | | This subsection (j) becomes inoperative on January 1, 2020. |
6 | | (k) For any conviction or disposition of court supervision |
7 | | for a violation of Section 11-1429 of the Illinois Vehicle |
8 | | Code, the circuit clerk shall distribute the fines paid by the |
9 | | person as specified by subsection (h) of Section 11-1429 of the |
10 | | Illinois Vehicle Code. |
11 | | (l) Any person who receives a disposition of court |
12 | | supervision for a violation of Section 11-501 of the Illinois |
13 | | Vehicle Code or a similar provision of a local ordinance shall, |
14 | | in addition to any other fines, fees, and court costs, pay an |
15 | | additional fee of $50, which shall
be collected by the circuit |
16 | | clerk and then remitted to the State Treasurer for deposit into |
17 | | the Roadside Memorial Fund, a special fund in the State |
18 | | treasury. However, the court may waive the fee if full |
19 | | restitution is complied with. Subject to appropriation, all |
20 | | moneys in the Roadside Memorial Fund shall be used by the |
21 | | Department of Transportation to pay fees imposed under |
22 | | subsection (f) of Section 20 of the Roadside Memorial Act. The |
23 | | fee shall be remitted by the circuit clerk within one month |
24 | | after receipt to the State Treasurer for deposit into the |
25 | | Roadside Memorial Fund. |
26 | | (m) Of the amounts collected as fines under subsection (c) |
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1 | | of Section 411.4 of the Illinois Controlled Substances Act or |
2 | | subsection (c) of Section 90 of the Methamphetamine Control and |
3 | | Community Protection Act, 99% shall be deposited to the law |
4 | | enforcement agency or fund specified and 1% shall be deposited |
5 | | into the Circuit Court Clerk Operation and Administrative Fund |
6 | | to be used to offset the costs incurred by the Circuit Court |
7 | | Clerk in performing the additional duties required to collect |
8 | | and disburse funds to entities of State and local government as |
9 | | provided by law. |
10 | | (n) In addition to any other fines and court costs assessed |
11 | | by the courts, any person who is convicted of or pleads guilty |
12 | | to a violation of the Criminal Code of 1961 or the Criminal |
13 | | Code of 2012, or a similar provision of a local ordinance, or |
14 | | who is convicted of, pleads guilty to, or receives a |
15 | | disposition of court supervision for a violation of the |
16 | | Illinois Vehicle Code, or a similar provision of a local |
17 | | ordinance, shall pay an additional fee of $15 to the clerk of |
18 | | the circuit court. This additional fee of $15 shall not be |
19 | | considered a part of the fine for purposes of any reduction in |
20 | | the fine for time served either before or after sentencing. |
21 | | This amount, less 2.5% that shall be used to defray |
22 | | administrative costs incurred by the clerk, shall be remitted |
23 | | by the clerk to the State Treasurer within 60 days after |
24 | | receipt for deposit into the State Police Merit Board Public |
25 | | Safety Fund. |
26 | | (o) The amounts collected as fines under Sections 10-9, |
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1 | | 11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall |
2 | | be collected by the circuit clerk and distributed as provided |
3 | | under Section 5-9-1.21 of the Unified Code of Corrections in |
4 | | lieu of any disbursement under subsection (a) of this Section. |
5 | | (Source: P.A. 97-434, eff. 1-1-12; 97-1051, eff. 1-1-13; |
6 | | 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-658, eff. |
7 | | 6-23-14; 98-1013, eff. 1-1-15; revised 10-2-14.) |
8 | | (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667, |
9 | | 96-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150, |
10 | | 98-658, and 98-1013) |
11 | | Sec. 27.6. (a) All fees, fines, costs, additional |
12 | | penalties, bail balances
assessed or forfeited, and any other |
13 | | amount paid by a person to the circuit
clerk equalling an |
14 | | amount of $55 or more, except the fine imposed by Section |
15 | | 5-9-1.15
of the Unified Code of Corrections, the additional fee |
16 | | required
by subsections (b) and (c), restitution under Section |
17 | | 5-5-6 of the
Unified Code of Corrections, contributions to a |
18 | | local anti-crime program ordered pursuant to Section |
19 | | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of |
20 | | Corrections, reimbursement for the costs of an emergency
|
21 | | response as provided under Section 11-501 of the Illinois |
22 | | Vehicle Code,
any fees collected for attending a traffic safety |
23 | | program under paragraph (c)
of Supreme Court Rule 529, any fee |
24 | | collected on behalf of a State's Attorney
under Section 4-2002 |
25 | | of the Counties Code or a sheriff under Section 4-5001
of the |
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1 | | Counties Code, or any cost imposed under Section 124A-5 of the |
2 | | Code of
Criminal Procedure of 1963, for convictions, orders of |
3 | | supervision, or any
other disposition for a violation of |
4 | | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a |
5 | | similar provision of a local ordinance, and any
violation of |
6 | | the Child Passenger Protection Act, or a similar provision of a
|
7 | | local ordinance, and except as otherwise provided in this |
8 | | Section
shall be disbursed
within 60 days after receipt by the |
9 | | circuit
clerk as follows , except as provided in subsection |
10 | | (a-5) : 44.5% shall be disbursed to the entity authorized by law |
11 | | to
receive the fine imposed in the case; 16.825% shall be |
12 | | disbursed to the State
Treasurer; and 38.675% shall be |
13 | | disbursed to the county's general corporate
fund. Of the |
14 | | 16.825% disbursed to the State Treasurer, 2/17 shall be |
15 | | deposited
by the State Treasurer into the Violent Crime Victims |
16 | | Assistance Fund, 5.052/17
shall be deposited into the Traffic |
17 | | and Criminal Conviction Surcharge Fund,
3/17 shall be deposited |
18 | | into the Drivers Education Fund, and 6.948/17 shall be
|
19 | | deposited into the Trauma Center Fund. Of the 6.948/17 |
20 | | deposited into the
Trauma Center Fund from the 16.825% |
21 | | disbursed to the State Treasurer, 50% shall
be disbursed to the |
22 | | Department of Public Health and 50% shall be disbursed to
the |
23 | | Department of Healthcare and Family Services. For fiscal year |
24 | | 1993, amounts deposited into
the Violent Crime Victims |
25 | | Assistance Fund, the Traffic and Criminal
Conviction Surcharge |
26 | | Fund, or the Drivers Education Fund shall not exceed 110%
of |
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1 | | the amounts deposited into those funds in fiscal year 1991. Any
|
2 | | amount that exceeds the 110% limit shall be distributed as |
3 | | follows: 50%
shall be disbursed to the county's general |
4 | | corporate fund and 50% shall be
disbursed to the entity |
5 | | authorized by law to receive the fine imposed in
the case. Not |
6 | | later than March 1 of each year the circuit clerk
shall submit |
7 | | a report of the amount of funds remitted to the State
Treasurer |
8 | | under this Section during the preceding year based upon
|
9 | | independent verification of fines and fees. All counties shall |
10 | | be subject
to this Section, except that counties with a |
11 | | population under 2,000,000
may, by ordinance, elect not to be |
12 | | subject to this Section. For offenses
subject to this Section, |
13 | | judges shall impose one total sum of money payable
for |
14 | | violations. The circuit clerk may add on no additional amounts |
15 | | except
for amounts that are required by Sections 27.3a and |
16 | | 27.3c of
this Act, Section 16-104c of the Illinois Vehicle |
17 | | Code, and subsection (a) of Section 5-1101 of the Counties |
18 | | Code, unless those amounts are specifically waived by the |
19 | | judge. With
respect to money collected by the circuit clerk as |
20 | | a result of
forfeiture of bail, ex parte judgment or guilty |
21 | | plea pursuant to Supreme
Court Rule 529, the circuit clerk |
22 | | shall first deduct and pay amounts
required by Sections 27.3a |
23 | | and 27.3c of this Act. Unless a court ordered payment schedule |
24 | | is implemented or fee requirements are waived pursuant to court |
25 | | order, the clerk of the court may add to any unpaid fees and |
26 | | costs a delinquency amount equal to 5% of the unpaid fees that |
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1 | | remain unpaid after 30 days, 10% of the unpaid fees that remain |
2 | | unpaid after 60 days, and 15% of the unpaid fees that remain |
3 | | unpaid after 90 days. Notice to those parties may be made by |
4 | | signage posting or publication. The additional delinquency |
5 | | amounts collected under this Section shall be deposited in the |
6 | | Circuit Court Clerk Operation and Administrative Fund to be |
7 | | used to defray administrative costs incurred by the circuit |
8 | | clerk in performing the duties required to collect and disburse |
9 | | funds. This Section is a denial
and limitation of home rule |
10 | | powers and functions under subsection (h) of
Section 6 of |
11 | | Article VII of the Illinois Constitution.
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12 | | (a-5) On and after the effective date of this amendatory |
13 | | Act of the 99th General Assembly and until January 1, 2017, |
14 | | notwithstanding the provisions of subsection (a), for |
15 | | violations of paragraphs (4), (5), and (6) of subsection (a) of |
16 | | Section 11-501 of the Illinois Vehicle Code, all fees, fines, |
17 | | costs, additional penalties, bail balances assessed or |
18 | | forfeited, and any other amount paid by a person to the circuit |
19 | | clerk under subsection (a), shall be disbursed within 60 days |
20 | | after receipt by the circuit clerk as follows: |
21 | | (1) 39.5% shall be disbursed to the entity authorized |
22 | | by law to receive the fine imposed in the case; |
23 | | (2) 16.825% shall be disbursed to the State Treasurer, |
24 | | to be deposited as follows: 2/17 shall be deposited by the |
25 | | State Treasurer into the Violent Crime Victims Assistance |
26 | | Fund, 5.052/17 shall be deposited into the Traffic and |
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1 | | Criminal Conviction Surcharge Fund, 3/17 shall be |
2 | | deposited into the Drivers Education Fund, and 6.948/17 |
3 | | shall be deposited into the Trauma Center Fund; |
4 | | (3) 33.675% shall be disbursed to the county's general |
5 | | corporate fund; and |
6 | | (4) 10% shall be disbursed to the State Treasurer, to |
7 | | be deposited into the Hydrocodone Abuse Control Fund. |
8 | | (b) In addition to any other fines and court costs assessed |
9 | | by the courts,
any person convicted or receiving an order of |
10 | | supervision for driving under
the influence of alcohol or drugs |
11 | | shall pay an additional fee of $100 to the
clerk of the circuit |
12 | | court. This amount, less 2 1/2% that shall be used to
defray |
13 | | administrative costs incurred by the clerk, shall be remitted |
14 | | by the
clerk to the Treasurer within 60 days after receipt for |
15 | | deposit into the Trauma
Center Fund. This additional fee of |
16 | | $100 shall not be considered a part of the
fine for purposes of |
17 | | any reduction in the fine for time served either before or
|
18 | | after sentencing. Not later than March 1 of each year the |
19 | | Circuit Clerk shall
submit a report of the amount of funds |
20 | | remitted to the State Treasurer under
this subsection during |
21 | | the preceding calendar year.
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22 | | (b-1) In addition to any other fines and court costs |
23 | | assessed by the courts,
any person convicted or receiving an |
24 | | order of supervision for driving under the
influence of alcohol |
25 | | or drugs shall pay an additional fee of $5 to the clerk
of the |
26 | | circuit court. This amount, less
2 1/2% that shall be used to |
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1 | | defray administrative costs incurred by the clerk,
shall be |
2 | | remitted by the clerk to the Treasurer within 60 days after |
3 | | receipt
for deposit into the Spinal Cord Injury Paralysis Cure |
4 | | Research Trust Fund.
This additional fee of $5 shall not
be |
5 | | considered a part of the fine for purposes of any reduction in |
6 | | the fine for
time served either before or after sentencing. Not |
7 | | later than March 1 of each
year the Circuit Clerk shall submit |
8 | | a report of the amount of funds remitted to
the State Treasurer |
9 | | under this subsection during the preceding calendar
year.
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10 | | (c) In addition to any other fines and court costs assessed |
11 | | by the courts,
any person convicted for a violation of Sections |
12 | | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or the |
13 | | Criminal Code of 2012 or a person sentenced for a violation of |
14 | | the Cannabis
Control Act, the Illinois Controlled Substances |
15 | | Act, or the Methamphetamine Control and Community Protection |
16 | | Act
shall pay an additional fee of $100 to the clerk
of the |
17 | | circuit court. This amount, less
2 1/2% that shall be used to |
18 | | defray administrative costs incurred by the clerk,
shall be |
19 | | remitted by the clerk to the Treasurer within 60 days after |
20 | | receipt
for deposit into the Trauma Center Fund. This |
21 | | additional fee of $100 shall not
be considered a part of the |
22 | | fine for purposes of any reduction in the fine for
time served |
23 | | either before or after sentencing. Not later than March 1 of |
24 | | each
year the Circuit Clerk shall submit a report of the amount |
25 | | of funds remitted to
the State Treasurer under this subsection |
26 | | during the preceding calendar year.
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1 | | (c-1) In addition to any other fines and court costs |
2 | | assessed by the
courts, any person sentenced for a violation of |
3 | | the Cannabis Control Act,
the Illinois Controlled Substances |
4 | | Act, or the Methamphetamine Control and Community Protection |
5 | | Act shall pay an additional fee of $5 to the
clerk of the |
6 | | circuit court. This amount, less 2 1/2% that shall be used to
|
7 | | defray administrative costs incurred by the clerk, shall be |
8 | | remitted by the
clerk to the Treasurer within 60 days after |
9 | | receipt for deposit into the Spinal
Cord Injury Paralysis Cure |
10 | | Research Trust Fund. This additional fee of $5
shall not be |
11 | | considered a part of the fine for purposes of any reduction in |
12 | | the
fine for time served either before or after sentencing. Not |
13 | | later than March 1
of each year the Circuit Clerk shall submit |
14 | | a report of the amount of funds
remitted to the State Treasurer |
15 | | under this subsection during the preceding
calendar year.
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16 | | (d) The following amounts must be remitted to the State |
17 | | Treasurer for
deposit into the Illinois Animal Abuse Fund:
|
18 | | (1) 50% of the amounts collected for felony offenses |
19 | | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, |
20 | | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for |
21 | | Animals Act and Section 26-5 or 48-1 of the Criminal Code |
22 | | of
1961 or the Criminal Code of 2012;
|
23 | | (2) 20% of the amounts collected for Class A and Class |
24 | | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, |
25 | | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care |
26 | | for Animals Act and Section 26-5 or 48-1 of the Criminal
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1 | | Code of 1961 or the Criminal Code of 2012; and
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2 | | (3) 50% of the amounts collected for Class C |
3 | | misdemeanors under Sections
4.01 and 7.1 of the Humane Care |
4 | | for Animals Act and Section 26-5 or 48-1 of the
Criminal |
5 | | Code of 1961 or the Criminal Code of 2012.
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6 | | (e) Any person who receives a disposition of court |
7 | | supervision for a violation of the Illinois Vehicle Code or a |
8 | | similar provision of a local ordinance shall, in addition to |
9 | | any other fines, fees, and court costs, pay an additional fee |
10 | | of $29, to be disbursed as provided in Section 16-104c of the |
11 | | Illinois Vehicle Code. In addition to the fee of $29, the |
12 | | person shall also pay a fee of $6, if not waived by the court. |
13 | | If this $6 fee is collected, $5.50 of the fee shall be |
14 | | deposited into the Circuit Court Clerk Operation and |
15 | | Administrative Fund created by the Clerk of the Circuit Court |
16 | | and 50 cents of the fee shall be deposited into the Prisoner |
17 | | Review Board Vehicle and Equipment Fund in the State treasury.
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18 | | (f) This Section does not apply to the additional child |
19 | | pornography fines assessed and collected under Section |
20 | | 5-9-1.14 of the Unified Code of Corrections.
|
21 | | (g) Any person convicted of or pleading guilty to a serious |
22 | | traffic violation, as defined in Section 1-187.001 of the |
23 | | Illinois Vehicle Code, shall pay an additional fee of $35, to |
24 | | be disbursed as provided in Section 16-104d of that Code. This |
25 | | subsection (g) becomes inoperative on January 1, 2020. |
26 | | (h) In all counties having a population of 3,000,000 or |
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1 | | more inhabitants, |
2 | | (1) A person who is found guilty of or pleads guilty to |
3 | | violating subsection (a) of Section 11-501 of the Illinois |
4 | | Vehicle Code, including any person placed on court |
5 | | supervision for violating subsection (a), shall be fined |
6 | | $750 as provided for by subsection (f) of Section 11-501.01 |
7 | | of the Illinois Vehicle Code, payable to the circuit clerk, |
8 | | who shall distribute the money pursuant to subsection (f) |
9 | | of Section 11-501.01 of the Illinois Vehicle Code. |
10 | | (2) When a crime laboratory DUI analysis fee of $150, |
11 | | provided for by Section 5-9-1.9 of the Unified Code of |
12 | | Corrections is assessed, it shall be disbursed by the |
13 | | circuit clerk as provided by subsection (f) of Section |
14 | | 5-9-1.9 of the Unified Code of Corrections. |
15 | | (3) When a fine for a violation of Section 11-605.1 of |
16 | | the Illinois Vehicle Code is $250 or greater, the person |
17 | | who violated that Section shall be charged an additional |
18 | | $125 as provided for by subsection (e) of Section 11-605.1 |
19 | | of the Illinois Vehicle Code, which shall be disbursed by |
20 | | the circuit clerk to a State or county Transportation |
21 | | Safety Highway Hire-back Fund as provided by subsection (e) |
22 | | of Section 11-605.1 of the Illinois Vehicle Code. |
23 | | (4) When a fine for a violation of subsection (a) of |
24 | | Section 11-605 of the Illinois Vehicle Code is $150 or |
25 | | greater, the additional $50 which is charged as provided |
26 | | for by subsection (f) of Section 11-605 of the Illinois |
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1 | | Vehicle Code shall be disbursed by the circuit clerk to a |
2 | | school district or districts for school safety purposes as |
3 | | provided by subsection (f) of Section 11-605. |
4 | | (5) When a fine for a violation of subsection (a) of |
5 | | Section 11-1002.5 of the Illinois Vehicle Code is $150 or |
6 | | greater, the additional $50 which is charged as provided |
7 | | for by subsection (c) of Section 11-1002.5 of the Illinois |
8 | | Vehicle Code shall be disbursed by the circuit clerk to a |
9 | | school district or districts for school safety purposes as |
10 | | provided by subsection (c) of Section 11-1002.5 of the |
11 | | Illinois Vehicle Code. |
12 | | (6) When a mandatory drug court fee of up to $5 is |
13 | | assessed as provided in subsection (f) of Section 5-1101 of |
14 | | the Counties Code, it shall be disbursed by the circuit |
15 | | clerk as provided in subsection (f) of Section 5-1101 of |
16 | | the Counties Code. |
17 | | (7) When a mandatory teen court, peer jury, youth |
18 | | court, or other youth diversion program fee is assessed as |
19 | | provided in subsection (e) of Section 5-1101 of the |
20 | | Counties Code, it shall be disbursed by the circuit clerk |
21 | | as provided in subsection (e) of Section 5-1101 of the |
22 | | Counties Code. |
23 | | (8) When a Children's Advocacy Center fee is assessed |
24 | | pursuant to subsection (f-5) of Section 5-1101 of the |
25 | | Counties Code, it shall be disbursed by the circuit clerk |
26 | | as provided in subsection (f-5) of Section 5-1101 of the |
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1 | | Counties Code. |
2 | | (9) When a victim impact panel fee is assessed pursuant |
3 | | to subsection (b) of Section 11-501.01 of the Vehicle Code, |
4 | | it shall be disbursed by the circuit clerk to the victim |
5 | | impact panel to be attended by the defendant. |
6 | | (10) When a new fee collected in traffic cases is |
7 | | enacted after the effective date of this subsection (h), it |
8 | | shall be excluded from the percentage disbursement |
9 | | provisions of this Section unless otherwise indicated by |
10 | | law. |
11 | | (i)
Of the amounts collected as fines under subsection (b) |
12 | | of Section 3-712 of the Illinois Vehicle Code, 99% shall be |
13 | | deposited into the Illinois Military Family Relief Fund and 1% |
14 | | shall be deposited into the Circuit Court Clerk Operation and |
15 | | Administrative Fund created by the Clerk of the Circuit Court |
16 | | to be used to offset the costs incurred by the Circuit Court |
17 | | Clerk in performing the additional duties required to collect |
18 | | and disburse funds to entities of State and local government as |
19 | | provided by law.
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20 | | (j) (Blank). |
21 | | (k) For any conviction or disposition of court supervision |
22 | | for a violation of Section 11-1429 of the Illinois Vehicle |
23 | | Code, the circuit clerk shall distribute the fines paid by the |
24 | | person as specified by subsection (h) of Section 11-1429 of the |
25 | | Illinois Vehicle Code. |
26 | | (l) Any person who receives a disposition of court |
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1 | | supervision for a violation of Section 11-501 of the Illinois |
2 | | Vehicle Code or a similar provision of a local ordinance shall, |
3 | | in addition to any other fines, fees, and court costs, pay an |
4 | | additional fee of $50, which shall
be collected by the circuit |
5 | | clerk and then remitted to the State Treasurer for deposit into |
6 | | the Roadside Memorial Fund, a special fund in the State |
7 | | treasury. However, the court may waive the fee if full |
8 | | restitution is complied with. Subject to appropriation, all |
9 | | moneys in the Roadside Memorial Fund shall be used by the |
10 | | Department of Transportation to pay fees imposed under |
11 | | subsection (f) of Section 20 of the Roadside Memorial Act. The |
12 | | fee shall be remitted by the circuit clerk within one month |
13 | | after receipt to the State Treasurer for deposit into the |
14 | | Roadside Memorial Fund. |
15 | | (m) Of the amounts collected as fines under subsection (c) |
16 | | of Section 411.4 of the Illinois Controlled Substances Act or |
17 | | subsection (c) of Section 90 of the Methamphetamine Control and |
18 | | Community Protection Act, 99% shall be deposited to the law |
19 | | enforcement agency or fund specified and 1% shall be deposited |
20 | | into the Circuit Court Clerk Operation and Administrative Fund |
21 | | to be used to offset the costs incurred by the Circuit Court |
22 | | Clerk in performing the additional duties required to collect |
23 | | and disburse funds to entities of State and local government as |
24 | | provided by law. |
25 | | (n) In addition to any other fines and court costs assessed |
26 | | by the courts, any person who is convicted of or pleads guilty |
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1 | | to a violation of the Criminal Code of 1961 or the Criminal |
2 | | Code of 2012, or a similar provision of a local ordinance, or |
3 | | who is convicted of, pleads guilty to, or receives a |
4 | | disposition of court supervision for a violation of the |
5 | | Illinois Vehicle Code, or a similar provision of a local |
6 | | ordinance, shall pay an additional fee of $15 to the clerk of |
7 | | the circuit court. This additional fee of $15 shall not be |
8 | | considered a part of the fine for purposes of any reduction in |
9 | | the fine for time served either before or after sentencing. |
10 | | This amount, less 2.5% that shall be used to defray |
11 | | administrative costs incurred by the clerk, shall be remitted |
12 | | by the clerk to the State Treasurer within 60 days after |
13 | | receipt for deposit into the State Police Merit Board Public |
14 | | Safety Fund. |
15 | | (o) The amounts collected as fines under Sections 10-9, |
16 | | 11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall |
17 | | be collected by the circuit clerk and distributed as provided |
18 | | under Section 5-9-1.21 of the Unified Code of Corrections in |
19 | | lieu of any disbursement under subsection (a) of this Section. |
20 | | (Source: P.A. 97-434, eff. 1-1-12; 97-1051, eff. 1-1-13; |
21 | | 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-658, eff. |
22 | | 6-23-14; 98-1013, eff. 1-1-15; revised 10-2-14.)
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23 | | Section 99. Effective date. This Act takes effect upon |
24 | | becoming law, except that the changes to Sections 9, 9.5, and |
25 | | 11 of the Pharmacy Practice Act take effect January 1, 2017.".
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