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Public Act 92-0312
SB829 Enrolled LRB9200801ARcd
AN ACT to amend the Unified Code of Corrections by
changing Section 5-9-1.4.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unified Code of Corrections is amended
by changing Section 5-9-1.4 as follows:
(730 ILCS 5/5-9-1.4) (from Ch. 38, par. 1005-9-1.4)
Sec. 5-9-1.4. (a) "Crime laboratory" means any
not-for-profit laboratory registered with the Drug
Enforcement Administration of the United States Department of
Justice, substantially funded by a unit or combination of
units of local government or the State of Illinois, which
regularly employs at least one person engaged in the analysis
of controlled substances, cannabis or steroids for criminal
justice agencies in criminal matters and provides testimony
with respect to such examinations.
(b) When a person has been adjudged guilty of an offense
in violation of the Cannabis Control Act, the Illinois
Controlled Substances Act or the Steroid Control Act, in
addition to any other disposition, penalty or fine imposed, a
criminal laboratory analysis fee of $100 $50 for each offense
for which he was convicted shall be levied by the court. Any
person placed on probation pursuant to Section 10 of the
Cannabis Control Act, Section 410 of the Illinois Controlled
Substances Act or Section 10 of the Steroid Control Act or
placed on supervision for a violation of the Cannabis Control
Act, the Illinois Controlled Substances Act or the Steroid
Control Act shall be assessed a criminal laboratory analysis
fee of $100 $50 for each offense for which he was charged.
Upon verified petition of the person, the court may suspend
payment of all or part of the fee if it finds that the person
does not have the ability to pay the fee.
(c) In addition to any other disposition made pursuant
to the provisions of the Juvenile Court Act of 1987, any
minor adjudicated delinquent for an offense which if
committed by an adult would constitute a violation of the
Cannabis Control Act, the Illinois Controlled Substances Act
or the Steroid Control Act shall be assessed a criminal
laboratory analysis fee of $100 $50 for each adjudication.
Upon verified petition of the minor, the court may suspend
payment of all or part of the fee if it finds that the minor
does not have the ability to pay the fee. The parent,
guardian or legal custodian of the minor may pay some or all
of such fee on the minor's behalf.
(d) All criminal laboratory analysis fees provided for
by this Section shall be collected by the clerk of the court
and forwarded to the appropriate crime laboratory fund as
provided in subsection (f).
(e) Crime laboratory funds shall be established as
follows:
(1) Any unit of local government which maintains a
crime laboratory may establish a crime laboratory fund
within the office of the county or municipal treasurer.
(2) Any combination of units of local government
which maintains a crime laboratory may establish a crime
laboratory fund within the office of the treasurer of the
county where the crime laboratory is situated.
(3) The State Crime Laboratory Fund is hereby
created as a special fund in the State Treasury.
(f) The analysis fee provided for in subsections (b) and
(c) of this Section shall be forwarded to the office of the
treasurer of the unit of local government that performed the
analysis if that unit of local government has established a
crime laboratory fund, or to the State Crime Laboratory Fund
if the analysis was performed by a laboratory operated by the
Illinois State Police. If the analysis was performed by a
crime laboratory funded by a combination of units of local
government, the analysis fee shall be forwarded to the
treasurer of the county where the crime laboratory is
situated if a crime laboratory fund has been established in
that county. If the unit of local government or combination
of units of local government has not established a crime
laboratory fund, then the analysis fee shall be forwarded to
the State Crime Laboratory Fund. The clerk of the circuit
court may retain the amount of $10 $5 from each collected
analysis fee to offset administrative costs incurred in
carrying out the clerk's responsibilities under this Section.
(g) Fees deposited into a crime laboratory fund created
pursuant to paragraphs (1) or (2) of subsection (e) of this
Section shall be in addition to any allocations made pursuant
to existing law and shall be designated for the exclusive use
of the crime laboratory. These uses may include, but are not
limited to, the following:
(1) costs incurred in providing analysis for
controlled substances in connection with criminal
investigations conducted within this State;
(2) purchase and maintenance of equipment for use
in performing analyses; and
(3) continuing education, training and professional
development of forensic scientists regularly employed by
these laboratories.
(h) Fees deposited in the State Crime Laboratory Fund
created pursuant to paragraph (3) of subsection (d) of this
Section shall be used by State crime laboratories as
designated by the Director of State Police. These funds
shall be in addition to any allocations made pursuant to
existing law and shall be designated for the exclusive use of
State crime laboratories. These uses may include those
enumerated in subsection (g) of this Section.
(Source: P.A. 90-655, eff. 7-30-98.)
Section 99. Effective date. This Act takes effect on
January 1, 2002.
Passed in the General Assembly May 16, 2001.
Approved August 09, 2001.
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