Bill Text: IL HB1258 | 2011-2012 | 97th General Assembly | Chaptered


Bill Title: Amends the Cannabis Control Act, the Illinois Controlled Substances Act, and the Methamphetamine Control and Community Protection Act. Provides that a person convicted of or placed on supervision for manufacturing or delivering cannabis, a controlled substance, or methamphetamine whose violation proximately caused any incident resulting in an appropriate emergency response shall be liable for the expense of the emergency response. Provides for additional assessments for persons convicted of any such offenses. Provides for the distribution of the additional assessments to various units of government. Provides that any moneys received by a law enforcement agency under these provisions shall be used to purchase law enforcement equipment that will assist in the prevention of drug related criminal violence throughout the State.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Passed) 2011-08-18 - Public Act . . . . . . . . . 97-0434 [HB1258 Detail]

Download: Illinois-2011-HB1258-Chaptered.html



Public Act 097-0434
HB1258 EnrolledLRB097 06291 RLC 46367 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Clerks of Courts Act is amended by changing
Section 27.6 as follows:
(705 ILCS 105/27.6)
(Section as amended by P.A. 96-286, 96-576, 96-578, 96-625,
96-667, 96-1175, and 96-1342)
Sec. 27.6. (a) All fees, fines, costs, additional
penalties, bail balances assessed or forfeited, and any other
amount paid by a person to the circuit clerk equalling an
amount of $55 or more, except the fine imposed by Section
5-9-1.15 of the Unified Code of Corrections, the additional fee
required by subsections (b) and (c), restitution under Section
5-5-6 of the Unified Code of Corrections, contributions to a
local anti-crime program ordered pursuant to Section
5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
Corrections, reimbursement for the costs of an emergency
response as provided under Section 11-501 of the Illinois
Vehicle Code, any fees collected for attending a traffic safety
program under paragraph (c) of Supreme Court Rule 529, any fee
collected on behalf of a State's Attorney under Section 4-2002
of the Counties Code or a sheriff under Section 4-5001 of the
Counties Code, or any cost imposed under Section 124A-5 of the
Code of Criminal Procedure of 1963, for convictions, orders of
supervision, or any other disposition for a violation of
Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
similar provision of a local ordinance, and any violation of
the Child Passenger Protection Act, or a similar provision of a
local ordinance, and except as otherwise provided in this
Section shall be disbursed within 60 days after receipt by the
circuit clerk as follows: 44.5% shall be disbursed to the
entity authorized by law to receive the fine imposed in the
case; 16.825% shall be disbursed to the State Treasurer; and
38.675% shall be disbursed to the county's general corporate
fund. Of the 16.825% disbursed to the State Treasurer, 2/17
shall be deposited by the State Treasurer into the Violent
Crime Victims Assistance Fund, 5.052/17 shall be deposited into
the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
be deposited into the Drivers Education Fund, and 6.948/17
shall be deposited into the Trauma Center Fund. Of the 6.948/17
deposited into the Trauma Center Fund from the 16.825%
disbursed to the State Treasurer, 50% shall be disbursed to the
Department of Public Health and 50% shall be disbursed to the
Department of Healthcare and Family Services. For fiscal year
1993, amounts deposited into the Violent Crime Victims
Assistance Fund, the Traffic and Criminal Conviction Surcharge
Fund, or the Drivers Education Fund shall not exceed 110% of
the amounts deposited into those funds in fiscal year 1991. Any
amount that exceeds the 110% limit shall be distributed as
follows: 50% shall be disbursed to the county's general
corporate fund and 50% shall be disbursed to the entity
authorized by law to receive the fine imposed in the case. Not
later than March 1 of each year the circuit clerk shall submit
a report of the amount of funds remitted to the State Treasurer
under this Section during the preceding year based upon
independent verification of fines and fees. All counties shall
be subject to this Section, except that counties with a
population under 2,000,000 may, by ordinance, elect not to be
subject to this Section. For offenses subject to this Section,
judges shall impose one total sum of money payable for
violations. The circuit clerk may add on no additional amounts
except for amounts that are required by Sections 27.3a and
27.3c of this Act, unless those amounts are specifically waived
by the judge. With respect to money collected by the circuit
clerk as a result of forfeiture of bail, ex parte judgment or
guilty plea pursuant to Supreme Court Rule 529, the circuit
clerk shall first deduct and pay amounts required by Sections
27.3a and 27.3c of this Act. This Section is a denial and
limitation of home rule powers and functions under subsection
(h) of Section 6 of Article VII of the Illinois Constitution.
(b) In addition to any other fines and court costs assessed
by the courts, any person convicted or receiving an order of
supervision for driving under the influence of alcohol or drugs
shall pay an additional fee of $100 to the clerk of the circuit
court. This amount, less 2 1/2% that shall be used to defray
administrative costs incurred by the clerk, shall be remitted
by the clerk to the Treasurer within 60 days after receipt for
deposit into the Trauma Center Fund. This additional fee of
$100 shall not be considered a part of the fine for purposes of
any reduction in the fine for time served either before or
after sentencing. Not later than March 1 of each year the
Circuit Clerk shall submit a report of the amount of funds
remitted to the State Treasurer under this subsection during
the preceding calendar year.
(b-1) In addition to any other fines and court costs
assessed by the courts, any person convicted or receiving an
order of supervision for driving under the influence of alcohol
or drugs shall pay an additional fee of $5 to the clerk of the
circuit court. This amount, less 2 1/2% that shall be used to
defray administrative costs incurred by the clerk, shall be
remitted by the clerk to the Treasurer within 60 days after
receipt for deposit into the Spinal Cord Injury Paralysis Cure
Research Trust Fund. This additional fee of $5 shall not be
considered a part of the fine for purposes of any reduction in
the fine for time served either before or after sentencing. Not
later than March 1 of each year the Circuit Clerk shall submit
a report of the amount of funds remitted to the State Treasurer
under this subsection during the preceding calendar year.
(c) In addition to any other fines and court costs assessed
by the courts, any person convicted for a violation of Sections
24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or a
person sentenced for a violation of the Cannabis Control Act,
the Illinois Controlled Substances Act, or the Methamphetamine
Control and Community Protection Act shall pay an additional
fee of $100 to the clerk of the circuit court. This amount,
less 2 1/2% that shall be used to defray administrative costs
incurred by the clerk, shall be remitted by the clerk to the
Treasurer within 60 days after receipt for deposit into the
Trauma Center Fund. This additional fee of $100 shall not be
considered a part of the fine for purposes of any reduction in
the fine for time served either before or after sentencing. Not
later than March 1 of each year the Circuit Clerk shall submit
a report of the amount of funds remitted to the State Treasurer
under this subsection during the preceding calendar year.
(c-1) In addition to any other fines and court costs
assessed by the courts, any person sentenced for a violation of
the Cannabis Control Act, the Illinois Controlled Substances
Act, or the Methamphetamine Control and Community Protection
Act shall pay an additional fee of $5 to the clerk of the
circuit court. This amount, less 2 1/2% that shall be used to
defray administrative costs incurred by the clerk, shall be
remitted by the clerk to the Treasurer within 60 days after
receipt for deposit into the Spinal Cord Injury Paralysis Cure
Research Trust Fund. This additional fee of $5 shall not be
considered a part of the fine for purposes of any reduction in
the fine for time served either before or after sentencing. Not
later than March 1 of each year the Circuit Clerk shall submit
a report of the amount of funds remitted to the State Treasurer
under this subsection during the preceding calendar year.
(d) The following amounts must be remitted to the State
Treasurer for deposit into the Illinois Animal Abuse Fund:
(1) 50% of the amounts collected for felony offenses
under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
Animals Act and Section 26-5 of the Criminal Code of 1961;
(2) 20% of the amounts collected for Class A and Class
B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
for Animals Act and Section 26-5 of the Criminal Code of
1961; and
(3) 50% of the amounts collected for Class C
misdemeanors under Sections 4.01 and 7.1 of the Humane Care
for Animals Act and Section 26-5 of the Criminal Code of
1961.
(e) Any person who receives a disposition of court
supervision for a violation of the Illinois Vehicle Code or a
similar provision of a local ordinance shall, in addition to
any other fines, fees, and court costs, pay an additional fee
of $29, to be disbursed as provided in Section 16-104c of the
Illinois Vehicle Code. In addition to the fee of $29, the
person shall also pay a fee of $6, if not waived by the court.
If this $6 fee is collected, $5.50 of the fee shall be
deposited into the Circuit Court Clerk Operation and
Administrative Fund created by the Clerk of the Circuit Court
and 50 cents of the fee shall be deposited into the Prisoner
Review Board Vehicle and Equipment Fund in the State treasury.
(f) This Section does not apply to the additional child
pornography fines assessed and collected under Section
5-9-1.14 of the Unified Code of Corrections.
(g) (Blank).
(h) (Blank).
(i) Of the amounts collected as fines under subsection (b)
of Section 3-712 of the Illinois Vehicle Code, 99% shall be
deposited into the Illinois Military Family Relief Fund and 1%
shall be deposited into the Circuit Court Clerk Operation and
Administrative Fund created by the Clerk of the Circuit Court
to be used to offset the costs incurred by the Circuit Court
Clerk in performing the additional duties required to collect
and disburse funds to entities of State and local government as
provided by law.
(j) Any person convicted of, pleading guilty to, or placed
on supervision for a serious traffic violation, as defined in
Section 1-187.001 of the Illinois Vehicle Code, a violation of
Section 11-501 of the Illinois Vehicle Code, or a violation of
a similar provision of a local ordinance shall pay an
additional fee of $35, to be disbursed as provided in Section
16-104d of that Code.
This subsection (j) (h) becomes inoperative 7 years after
the effective date of Public Act 95-154.
(k) For any conviction or disposition of court supervision
for a violation of Section 11-1429 of the Illinois Vehicle
Code, the circuit clerk shall distribute the fines paid by the
person as specified by subsection (h) of Section 11-1429 of the
Illinois Vehicle Code.
(l) Any person who receives a disposition of court
supervision for a violation of Section 11-501 of the Illinois
Vehicle Code or a similar provision of a local ordinance shall,
in addition to any other fines, fees, and court costs, pay an
additional fee of $50, which shall be collected by the circuit
clerk and then remitted to the State Treasurer for deposit into
the Roadside Memorial Fund, a special fund in the State
treasury. However, the court may waive the fee if full
restitution is complied with. Subject to appropriation, all
moneys in the Roadside Memorial Fund shall be used by the
Department of Transportation to pay fees imposed under
subsection (f) of Section 20 of the Roadside Memorial Act. The
fee shall be remitted by the circuit clerk within one month
after receipt to the State Treasurer for deposit into the
Roadside Memorial Fund.
(m) Of the amounts collected as fines under subsection (c)
of Section 411.4 of the Illinois Controlled Substances Act or
subsection (c) of Section 90 of the Methamphetamine Control and
Community Protection Act, 99% shall be deposited to the law
enforcement agency or fund specified and 1% shall be deposited
into the Circuit Court Clerk Operation and Administrative Fund
to be used to offset the costs incurred by the Circuit Court
Clerk in performing the additional duties required to collect
and disburse funds to entities of State and local government as
provided by law.
(Source: P.A. 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428,
eff. 8-24-07; 95-600, eff. 6-1-08; 95-876, eff. 8-21-08;
96-286, eff. 8-11-09; 96-576, eff. 8-18-09; 96-578, eff.
8-18-09; 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-1175,
eff. 9-20-10; 96-1342, eff. 1-1-11; revised 9-16-10.)
(Section as amended by P.A. 96-576, 96-578, 96-625, 96-667,
96-735, 96-1175, and 96-1342)
Sec. 27.6. (a) All fees, fines, costs, additional
penalties, bail balances assessed or forfeited, and any other
amount paid by a person to the circuit clerk equalling an
amount of $55 or more, except the fine imposed by Section
5-9-1.15 of the Unified Code of Corrections, the additional fee
required by subsections (b) and (c), restitution under Section
5-5-6 of the Unified Code of Corrections, contributions to a
local anti-crime program ordered pursuant to Section
5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
Corrections, reimbursement for the costs of an emergency
response as provided under Section 11-501 of the Illinois
Vehicle Code, any fees collected for attending a traffic safety
program under paragraph (c) of Supreme Court Rule 529, any fee
collected on behalf of a State's Attorney under Section 4-2002
of the Counties Code or a sheriff under Section 4-5001 of the
Counties Code, or any cost imposed under Section 124A-5 of the
Code of Criminal Procedure of 1963, for convictions, orders of
supervision, or any other disposition for a violation of
Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
similar provision of a local ordinance, and any violation of
the Child Passenger Protection Act, or a similar provision of a
local ordinance, and except as otherwise provided in this
Section shall be disbursed within 60 days after receipt by the
circuit clerk as follows: 44.5% shall be disbursed to the
entity authorized by law to receive the fine imposed in the
case; 16.825% shall be disbursed to the State Treasurer; and
38.675% shall be disbursed to the county's general corporate
fund. Of the 16.825% disbursed to the State Treasurer, 2/17
shall be deposited by the State Treasurer into the Violent
Crime Victims Assistance Fund, 5.052/17 shall be deposited into
the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
be deposited into the Drivers Education Fund, and 6.948/17
shall be deposited into the Trauma Center Fund. Of the 6.948/17
deposited into the Trauma Center Fund from the 16.825%
disbursed to the State Treasurer, 50% shall be disbursed to the
Department of Public Health and 50% shall be disbursed to the
Department of Healthcare and Family Services. For fiscal year
1993, amounts deposited into the Violent Crime Victims
Assistance Fund, the Traffic and Criminal Conviction Surcharge
Fund, or the Drivers Education Fund shall not exceed 110% of
the amounts deposited into those funds in fiscal year 1991. Any
amount that exceeds the 110% limit shall be distributed as
follows: 50% shall be disbursed to the county's general
corporate fund and 50% shall be disbursed to the entity
authorized by law to receive the fine imposed in the case. Not
later than March 1 of each year the circuit clerk shall submit
a report of the amount of funds remitted to the State Treasurer
under this Section during the preceding year based upon
independent verification of fines and fees. All counties shall
be subject to this Section, except that counties with a
population under 2,000,000 may, by ordinance, elect not to be
subject to this Section. For offenses subject to this Section,
judges shall impose one total sum of money payable for
violations. The circuit clerk may add on no additional amounts
except for amounts that are required by Sections 27.3a and
27.3c of this Act, Section 16-104c of the Illinois Vehicle
Code, and subsection (a) of Section 5-1101 of the Counties
Code, unless those amounts are specifically waived by the
judge. With respect to money collected by the circuit clerk as
a result of forfeiture of bail, ex parte judgment or guilty
plea pursuant to Supreme Court Rule 529, the circuit clerk
shall first deduct and pay amounts required by Sections 27.3a
and 27.3c of this Act. Unless a court ordered payment schedule
is implemented or fee requirements are waived pursuant to court
order, the clerk of the court may add to any unpaid fees and
costs a delinquency amount equal to 5% of the unpaid fees that
remain unpaid after 30 days, 10% of the unpaid fees that remain
unpaid after 60 days, and 15% of the unpaid fees that remain
unpaid after 90 days. Notice to those parties may be made by
signage posting or publication. The additional delinquency
amounts collected under this Section shall be deposited in the
Circuit Court Clerk Operation and Administrative Fund to be
used to defray administrative costs incurred by the circuit
clerk in performing the duties required to collect and disburse
funds. This Section is a denial and limitation of home rule
powers and functions under subsection (h) of Section 6 of
Article VII of the Illinois Constitution.
(b) In addition to any other fines and court costs assessed
by the courts, any person convicted or receiving an order of
supervision for driving under the influence of alcohol or drugs
shall pay an additional fee of $100 to the clerk of the circuit
court. This amount, less 2 1/2% that shall be used to defray
administrative costs incurred by the clerk, shall be remitted
by the clerk to the Treasurer within 60 days after receipt for
deposit into the Trauma Center Fund. This additional fee of
$100 shall not be considered a part of the fine for purposes of
any reduction in the fine for time served either before or
after sentencing. Not later than March 1 of each year the
Circuit Clerk shall submit a report of the amount of funds
remitted to the State Treasurer under this subsection during
the preceding calendar year.
(b-1) In addition to any other fines and court costs
assessed by the courts, any person convicted or receiving an
order of supervision for driving under the influence of alcohol
or drugs shall pay an additional fee of $5 to the clerk of the
circuit court. This amount, less 2 1/2% that shall be used to
defray administrative costs incurred by the clerk, shall be
remitted by the clerk to the Treasurer within 60 days after
receipt for deposit into the Spinal Cord Injury Paralysis Cure
Research Trust Fund. This additional fee of $5 shall not be
considered a part of the fine for purposes of any reduction in
the fine for time served either before or after sentencing. Not
later than March 1 of each year the Circuit Clerk shall submit
a report of the amount of funds remitted to the State Treasurer
under this subsection during the preceding calendar year.
(c) In addition to any other fines and court costs assessed
by the courts, any person convicted for a violation of Sections
24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or a
person sentenced for a violation of the Cannabis Control Act,
the Illinois Controlled Substances Act, or the Methamphetamine
Control and Community Protection Act shall pay an additional
fee of $100 to the clerk of the circuit court. This amount,
less 2 1/2% that shall be used to defray administrative costs
incurred by the clerk, shall be remitted by the clerk to the
Treasurer within 60 days after receipt for deposit into the
Trauma Center Fund. This additional fee of $100 shall not be
considered a part of the fine for purposes of any reduction in
the fine for time served either before or after sentencing. Not
later than March 1 of each year the Circuit Clerk shall submit
a report of the amount of funds remitted to the State Treasurer
under this subsection during the preceding calendar year.
(c-1) In addition to any other fines and court costs
assessed by the courts, any person sentenced for a violation of
the Cannabis Control Act, the Illinois Controlled Substances
Act, or the Methamphetamine Control and Community Protection
Act shall pay an additional fee of $5 to the clerk of the
circuit court. This amount, less 2 1/2% that shall be used to
defray administrative costs incurred by the clerk, shall be
remitted by the clerk to the Treasurer within 60 days after
receipt for deposit into the Spinal Cord Injury Paralysis Cure
Research Trust Fund. This additional fee of $5 shall not be
considered a part of the fine for purposes of any reduction in
the fine for time served either before or after sentencing. Not
later than March 1 of each year the Circuit Clerk shall submit
a report of the amount of funds remitted to the State Treasurer
under this subsection during the preceding calendar year.
(d) The following amounts must be remitted to the State
Treasurer for deposit into the Illinois Animal Abuse Fund:
(1) 50% of the amounts collected for felony offenses
under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
Animals Act and Section 26-5 of the Criminal Code of 1961;
(2) 20% of the amounts collected for Class A and Class
B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
for Animals Act and Section 26-5 of the Criminal Code of
1961; and
(3) 50% of the amounts collected for Class C
misdemeanors under Sections 4.01 and 7.1 of the Humane Care
for Animals Act and Section 26-5 of the Criminal Code of
1961.
(e) Any person who receives a disposition of court
supervision for a violation of the Illinois Vehicle Code or a
similar provision of a local ordinance shall, in addition to
any other fines, fees, and court costs, pay an additional fee
of $29, to be disbursed as provided in Section 16-104c of the
Illinois Vehicle Code. In addition to the fee of $29, the
person shall also pay a fee of $6, if not waived by the court.
If this $6 fee is collected, $5.50 of the fee shall be
deposited into the Circuit Court Clerk Operation and
Administrative Fund created by the Clerk of the Circuit Court
and 50 cents of the fee shall be deposited into the Prisoner
Review Board Vehicle and Equipment Fund in the State treasury.
(f) This Section does not apply to the additional child
pornography fines assessed and collected under Section
5-9-1.14 of the Unified Code of Corrections.
(g) Any person convicted of or pleading guilty to a serious
traffic violation, as defined in Section 1-187.001 of the
Illinois Vehicle Code, shall pay an additional fee of $35, to
be disbursed as provided in Section 16-104d of that Code. This
subsection (g) becomes inoperative 7 years after the effective
date of Public Act 95-154.
(h) In all counties having a population of 3,000,000 or
more inhabitants,
(1) A person who is found guilty of or pleads guilty to
violating subsection (a) of Section 11-501 of the Illinois
Vehicle Code, including any person placed on court
supervision for violating subsection (a), shall be fined
$750 as provided for by subsection (f) of Section 11-501.01
of the Illinois Vehicle Code, payable to the circuit clerk,
who shall distribute the money pursuant to subsection (f)
of Section 11-501.01 of the Illinois Vehicle Code.
(2) When a crime laboratory DUI analysis fee of $150,
provided for by Section 5-9-1.9 of the Unified Code of
Corrections is assessed, it shall be disbursed by the
circuit clerk as provided by subsection (f) of Section
5-9-1.9 of the Unified Code of Corrections.
(3) When a fine for a violation of Section 11-605.1 of
the Illinois Vehicle Code is $250 or greater, the person
who violated that Section shall be charged an additional
$125 as provided for by subsection (e) of Section 11-605.1
of the Illinois Vehicle Code, which shall be disbursed by
the circuit clerk to a State or county Transportation
Safety Highway Hire-back Fund as provided by subsection (e)
of Section 11-605.1 of the Illinois Vehicle Code.
(4) When a fine for a violation of subsection (a) of
Section 11-605 of the Illinois Vehicle Code is $150 or
greater, the additional $50 which is charged as provided
for by subsection (f) of Section 11-605 of the Illinois
Vehicle Code shall be disbursed by the circuit clerk to a
school district or districts for school safety purposes as
provided by subsection (f) of Section 11-605.
(5) When a fine for a violation of subsection (a) of
Section 11-1002.5 of the Illinois Vehicle Code is $150 or
greater, the additional $50 which is charged as provided
for by subsection (c) of Section 11-1002.5 of the Illinois
Vehicle Code shall be disbursed by the circuit clerk to a
school district or districts for school safety purposes as
provided by subsection (c) of Section 11-1002.5 of the
Illinois Vehicle Code.
(6) When a mandatory drug court fee of up to $5 is
assessed as provided in subsection (f) of Section 5-1101 of
the Counties Code, it shall be disbursed by the circuit
clerk as provided in subsection (f) of Section 5-1101 of
the Counties Code.
(7) When a mandatory teen court, peer jury, youth
court, or other youth diversion program fee is assessed as
provided in subsection (e) of Section 5-1101 of the
Counties Code, it shall be disbursed by the circuit clerk
as provided in subsection (e) of Section 5-1101 of the
Counties Code.
(8) When a Children's Advocacy Center fee is assessed
pursuant to subsection (f-5) of Section 5-1101 of the
Counties Code, it shall be disbursed by the circuit clerk
as provided in subsection (f-5) of Section 5-1101 of the
Counties Code.
(9) When a victim impact panel fee is assessed pursuant
to subsection (b) of Section 11-501.01 of the Vehicle Code,
it shall be disbursed by the circuit clerk to the victim
impact panel to be attended by the defendant.
(10) When a new fee collected in traffic cases is
enacted after the effective date of this subsection (h), it
shall be excluded from the percentage disbursement
provisions of this Section unless otherwise indicated by
law.
(i) Of the amounts collected as fines under subsection (b)
of Section 3-712 of the Illinois Vehicle Code, 99% shall be
deposited into the Illinois Military Family Relief Fund and 1%
shall be deposited into the Circuit Court Clerk Operation and
Administrative Fund created by the Clerk of the Circuit Court
to be used to offset the costs incurred by the Circuit Court
Clerk in performing the additional duties required to collect
and disburse funds to entities of State and local government as
provided by law.
(j) (Blank).
(k) For any conviction or disposition of court supervision
for a violation of Section 11-1429 of the Illinois Vehicle
Code, the circuit clerk shall distribute the fines paid by the
person as specified by subsection (h) of Section 11-1429 of the
Illinois Vehicle Code.
(l) Any person who receives a disposition of court
supervision for a violation of Section 11-501 of the Illinois
Vehicle Code or a similar provision of a local ordinance shall,
in addition to any other fines, fees, and court costs, pay an
additional fee of $50, which shall be collected by the circuit
clerk and then remitted to the State Treasurer for deposit into
the Roadside Memorial Fund, a special fund in the State
treasury. However, the court may waive the fee if full
restitution is complied with. Subject to appropriation, all
moneys in the Roadside Memorial Fund shall be used by the
Department of Transportation to pay fees imposed under
subsection (f) of Section 20 of the Roadside Memorial Act. The
fee shall be remitted by the circuit clerk within one month
after receipt to the State Treasurer for deposit into the
Roadside Memorial Fund.
(m) Of the amounts collected as fines under subsection (c)
of Section 411.4 of the Illinois Controlled Substances Act or
subsection (c) of Section 90 of the Methamphetamine Control and
Community Protection Act, 99% shall be deposited to the law
enforcement agency or fund specified and 1% shall be deposited
into the Circuit Court Clerk Operation and Administrative Fund
to be used to offset the costs incurred by the Circuit Court
Clerk in performing the additional duties required to collect
and disburse funds to entities of State and local government as
provided by law.
(Source: P.A. 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428,
eff. 8-24-07; 95-600, eff. 6-1-08; 95-876, eff. 8-21-08;
96-576, eff. 8-18-09; 96-578, eff. 8-18-09; 96-625, eff.
1-1-10; 96-667, eff. 8-25-09; 96-735, eff. 1-1-10; 96-1175,
eff. 9-20-10; 96-1342, eff. 1-1-11; revised 9-16-10.)
Section 10. The Illinois Controlled Substances Act is
amended by adding Section 411.4 as follows:
(720 ILCS 570/411.4 new)
Sec. 411.4. Reimbursement of unit of government for
emergency response.
(a) As used in this Section, "emergency response" means the
act of collecting evidence from or securing a site where
controlled substances were manufactured, or where by-products
from the manufacture of controlled substances are present, and
cleaning up the site, whether these actions are performed by
public entities or private contractors paid by public entities.
(b) Every person convicted of violating Section 401, 407,
or 407.2 of this Act whose violation proximately caused any
incident resulting in an appropriate emergency response shall
be liable for the expense of an emergency response and shall be
assessed a fine of $750, payable to the circuit clerk, who
shall distribute the money to the law enforcement agency that
made the arrest. If the person has been previously convicted of
violating Section 401, 407, or 407.2 of this Act, the fine
shall be $1,000, and the circuit clerk shall distribute the
money to the law enforcement agency that made the arrest. In
the event that more than one agency is responsible for the
arrest, the amount payable to law enforcement agencies shall be
shared equally. Any moneys received by a law enforcement agency
under this Section shall be used for law enforcement expenses.
Any moneys collected for the Illinois State Police shall be
deposited into the Traffic and Criminal Conviction Surcharge
Fund.
Section 15. The Methamphetamine Control and Community
Protection Act is amended by changing Sections 10 and 90 as
follows:
(720 ILCS 646/10)
Sec. 10. Definitions. As used in this Act:
"Anhydrous ammonia" has the meaning provided in subsection
(d) of Section 3 of the Illinois Fertilizer Act of 1961.
"Anhydrous ammonia equipment" means all items used to
store, hold, contain, handle, transfer, transport, or apply
anhydrous ammonia for lawful purposes.
"Booby trap" means any device designed to cause physical
injury when triggered by an act of a person approaching,
entering, or moving through a structure, a vehicle, or any
location where methamphetamine has been manufactured, is being
manufactured, or is intended to be manufactured.
"Deliver" or "delivery" has the meaning provided in
subsection (h) of Section 102 of the Illinois Controlled
Substances Act.
"Director" means the Director of State Police or the
Director's designated agents.
"Dispose" or "disposal" means to abandon, discharge,
release, deposit, inject, dump, spill, leak, or place
methamphetamine waste onto or into any land, water, or well of
any type so that the waste has the potential to enter the
environment, be emitted into the air, or be discharged into the
soil or any waters, including groundwater.
"Emergency response" means the act of collecting evidence
from or , securing a methamphetamine laboratory site,
methamphetamine waste site or other methamphetamine-related
site and cleaning up the site, whether these actions are
performed by public entities or private contractors paid by
public entities.
"Emergency service provider" means a local, State, or
federal peace officer, firefighter, emergency medical
technician-ambulance, emergency medical
technician-intermediate, emergency medical
technician-paramedic, ambulance driver, or other medical or
first aid personnel rendering aid, or any agent or designee of
the foregoing.
"Finished methamphetamine" means methamphetamine in a form
commonly used for personal consumption.
"Firearm" has the meaning provided in Section 1.1 of the
Firearm Owners Identification Card Act.
"Manufacture" means to produce, prepare, compound,
convert, process, synthesize, concentrate, purify, separate,
extract, or package any methamphetamine, methamphetamine
precursor, methamphetamine manufacturing catalyst,
methamphetamine manufacturing reagent, methamphetamine
manufacturing solvent, or any substance containing any of the
foregoing.
"Methamphetamine" means the chemical methamphetamine (a
Schedule II controlled substance under the Illinois Controlled
Substances Act) or any salt, optical isomer, salt of optical
isomer, or analog thereof, with the exception of
3,4-Methylenedioxymethamphetamine (MDMA) or any other
scheduled substance with a separate listing under the Illinois
Controlled Substances Act.
"Methamphetamine manufacturing catalyst" means any
substance that has been used, is being used, or is intended to
be used to activate, accelerate, extend, or improve a chemical
reaction involved in the manufacture of methamphetamine.
"Methamphetamine manufacturing environment" means a
structure or vehicle in which:
(1) methamphetamine is being or has been manufactured;
(2) chemicals that are being used, have been used, or
are intended to be used to manufacture methamphetamine are
stored;
(3) methamphetamine manufacturing materials that have
been used to manufacture methamphetamine are stored; or
(4) methamphetamine manufacturing waste is stored.
"Methamphetamine manufacturing material" means any
methamphetamine precursor, substance containing any
methamphetamine precursor, methamphetamine manufacturing
catalyst, substance containing any methamphetamine
manufacturing catalyst, methamphetamine manufacturing reagent,
substance containing any methamphetamine manufacturing
reagent, methamphetamine manufacturing solvent, substance
containing any methamphetamine manufacturing solvent, or any
other chemical, substance, ingredient, equipment, apparatus,
or item that is being used, has been used, or is intended to be
used in the manufacture of methamphetamine.
"Methamphetamine manufacturing reagent" means any
substance other than a methamphetamine manufacturing catalyst
that has been used, is being used, or is intended to be used to
react with and chemically alter any methamphetamine precursor.
"Methamphetamine manufacturing solvent" means any
substance that has been used, is being used, or is intended to
be used as a medium in which any methamphetamine precursor,
methamphetamine manufacturing catalyst, methamphetamine
manufacturing reagent, or any substance containing any of the
foregoing is dissolved, diluted, or washed during any part of
the methamphetamine manufacturing process.
"Methamphetamine manufacturing waste" means any chemical,
substance, ingredient, equipment, apparatus, or item that is
left over from, results from, or is produced by the process of
manufacturing methamphetamine, other than finished
methamphetamine.
"Methamphetamine precursor" means ephedrine,
pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone,
phenylacetone, phenyl-2-propanone, P2P, or any salt, optical
isomer, or salt of an optical isomer of any of these chemicals.
"Multi-unit dwelling" means a unified structure used or
intended for use as a habitation, home, or residence that
contains 2 or more condominiums, apartments, hotel rooms, motel
rooms, or other living units.
"Package" means an item marked for retail sale that is not
designed to be further broken down or subdivided for the
purpose of retail sale.
"Participate" or "participation" in the manufacture of
methamphetamine means to produce, prepare, compound, convert,
process, synthesize, concentrate, purify, separate, extract,
or package any methamphetamine, methamphetamine precursor,
methamphetamine manufacturing catalyst, methamphetamine
manufacturing reagent, methamphetamine manufacturing solvent,
or any substance containing any of the foregoing, or to assist
in any of these actions, or to attempt to take any of these
actions, regardless of whether this action or these actions
result in the production of finished methamphetamine.
"Person with a disability" means a person who suffers from
a permanent physical or mental impairment resulting from
disease, injury, functional disorder, or congenital condition
which renders the person incapable of adequately providing for
his or her own health and personal care.
"Procure" means to purchase, steal, gather, or otherwise
obtain, by legal or illegal means, or to cause another to take
such action.
"Second or subsequent offense" means an offense under this
Act committed by an offender who previously committed an
offense under this Act, the Illinois Controlled Substances Act,
the Cannabis Control Act, or another Act of this State, another
state, or the United States relating to methamphetamine,
cannabis, or any other controlled substance.
"Standard dosage form", as used in relation to any
methamphetamine precursor, means that the methamphetamine
precursor is contained in a pill, tablet, capsule, caplet, gel
cap, or liquid cap that has been manufactured by a lawful
entity and contains a standard quantity of methamphetamine
precursor.
"Unauthorized container", as used in relation to anhydrous
ammonia, means any container that is not designed for the
specific and sole purpose of holding, storing, transporting, or
applying anhydrous ammonia. "Unauthorized container" includes,
but is not limited to, any propane tank, fire extinguisher,
oxygen cylinder, gasoline can, food or beverage cooler, or
compressed gas cylinder used in dispensing fountain drinks.
"Unauthorized container" does not encompass anhydrous ammonia
manufacturing plants, refrigeration systems where anhydrous
ammonia is used solely as a refrigerant, anhydrous ammonia
transportation pipelines, anhydrous ammonia tankers, or
anhydrous ammonia barges.
(Source: P.A. 94-556, eff. 9-11-05.)
(720 ILCS 646/90)
Sec. 90. Methamphetamine restitution.
(a) If a person commits a violation of this Act in a manner
that requires an emergency response, the person shall be
required to make restitution to all public entities involved in
the emergency response, to cover the reasonable cost of their
participation in the emergency response, including but not
limited to regular and overtime costs incurred by local law
enforcement agencies and private contractors paid by the public
agencies in securing the site. The convicted person shall make
this restitution in addition to any other fine or penalty
required by law.
(b) Any restitution payments made under this Section shall
be disbursed equitably by the circuit clerk in the following
order:
(1) first, to the agency responsible for the mitigation
of the incident local agencies involved in the emergency
response;
(2) second, to the local agencies involved in the
emergency response; State agencies involved in the
emergency response; and
(3) third, to the State agencies involved in the
emergency response; and federal agencies involved in the
emergency response.
(4) fourth, to the federal agencies involved in the
emergency response.
(c) In addition to any other penalties and liabilities, a
person who is convicted of violating any Section of this Act,
whose violation proximately caused any incident resulting in an
appropriate emergency response, shall be assessed a fine of
$2,500, payable to the circuit clerk, who shall distribute the
money to the law enforcement agency responsible for the
mitigation of the incident. If the person has been previously
convicted of violating any Section of this Act, the fine shall
be $5,000 and the circuit clerk shall distribute the money to
the law enforcement agency responsible for the mitigation of
the incident. In the event that more than one agency is
responsible for an arrest which does not require mitigation,
the amount payable to law enforcement agencies shall be shared
equally. Any moneys received by a law enforcement agency under
this Section shall be used for law enforcement expenses.
Any moneys collected for the Illinois State Police shall be
deposited into the Traffic and Criminal Conviction Surcharge
Fund.
(Source: P.A. 94-556, eff. 9-11-05.)
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