Bill Amendment: IL HB3219 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: MEDICINE LOCKING PACKAGE
Status: 2015-08-27 - Public Act . . . . . . . . . 99-0473 [HB3219 Detail]
Download: Illinois-2015-HB3219-House_Amendment_002.html
Bill Title: MEDICINE LOCKING PACKAGE
Status: 2015-08-27 - Public Act . . . . . . . . . 99-0473 [HB3219 Detail]
Download: Illinois-2015-HB3219-House_Amendment_002.html
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| 1 | AMENDMENT TO HOUSE BILL 3219
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| 2 | AMENDMENT NO. ______. Amend House Bill 3219 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
| ||||||
| 4 | "Section 5. The State Finance Act is amended by adding | ||||||
| 5 | Section 5.866 as follows:
| ||||||
| 6 | (30 ILCS 105/5.866 new) | ||||||
| 7 | Sec. 5.866. The Hydrocodone Abuse Control Fund. This | ||||||
| 8 | Section is repealed on January 1, 2017.
| ||||||
| 9 | Section 10. The Pharmacy Practice Act is amended by | ||||||
| 10 | changing Sections 9, 9.5, and 11 and by adding Section 16c as | ||||||
| 11 | follows:
| ||||||
| 12 | (225 ILCS 85/9) (from Ch. 111, par. 4129)
| ||||||
| 13 | (Section scheduled to be repealed on January 1, 2018)
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| 14 | Sec. 9. Registration as pharmacy technician. Any person | ||||||
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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 | ||||||
| |||||||
| |||||||
| 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.
| ||||||
| 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.
| ||||||
| 18 | (Source: P.A. 98-718, eff. 1-1-15.)
| ||||||
| 19 | (225 ILCS 85/9.5) | ||||||
| 20 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
| 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 | ||||||
| |||||||
| |||||||
| 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.
| ||||||
| 26 | (d) A person who is not a registered pharmacy technician | ||||||
| |||||||
| |||||||
| 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.)
| ||||||
| 8 | (225 ILCS 85/11) (from Ch. 111, par. 4131)
| ||||||
| 9 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
| 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.
| ||||||
| 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.
| ||||||
| 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.
| ||||||
| 5 | (Source: P.A. 95-689, eff. 10-29-07.)
| ||||||
| 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)
| ||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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; | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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% | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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) | ||||||
| |||||||
| |||||||
| 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, | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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.
| ||||||
| 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 | ||||||
| |||||||
| |||||||
| 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.
| ||||||
| 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 | ||||||
| |||||||
| |||||||
| 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.
| ||||||
| 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.
| ||||||
| |||||||
| |||||||
| 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.
| ||||||
| 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
| ||||||
| |||||||
| |||||||
| 1 | Code of 1961 or the Criminal Code of 2012; and
| ||||||
| 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.
| ||||||
| 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.
| ||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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.
| ||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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.)
| ||||||
| 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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