Bill Text: IL HB1925 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Unified Code of Corrections. Makes a technical change in a Section concerning administrative regulations.

Sponsorship: Strong Partisan Bill (Republican 14-1)

Status: (Failed) 2014-12-03 - Session Sine Die [HB1925 Detail]

Download: Illinois-2013-HB1925-Amended.html

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Rep. Dennis M. Reboletti

Filed: 3/12/2013

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AMENDMENT TO HOUSE BILL 1925
AMENDMENT NO. ______. Amend House Bill 1925, by replacing
everything after the enacting clause with the following:
"Section 5. The State Finance Act is amended by adding
Sections 5.826 and 6z-98 as follows:
(30 ILCS 105/5.826 new)
Sec. 5.826. The Mental Health Reporting Continuing
Education Fund.
(30 ILCS 105/6z-98 new)
Sec. 6z-98. Mental Health Reporting Continuing Education
Fund.
(a) There is created in the State treasury a special fund
known as the Mental Health Reporting Continuing Education Fund.
The Fund shall receive revenue under subsection (c-12) of
Section 5-9-1 of the Unified Code of Corrections. The Fund may

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also receive revenue from grants, donations, appropriations,
and any other legal source.
(b) The executive director of the Administrative Office of
the Illinois Courts shall use moneys in the Fund to reimburse
circuit court judges and circuit court clerks for continuing
education programs for reporting information to the Department
of State Police required under Section 6-103.1 of the Mental
Health and Developmental Disabilities Code relating to persons
prohibited from possessing a firearm under the Firearm Owners
Identification Card Act.
(c) Expenditures may be made from the Fund only as
appropriated by the General Assembly by law.
(d) Investment income that is attributable to the
investment of moneys in the Fund shall be retained in the Fund
for the uses specified in this Section.
(e) The Fund shall not be subject to administrative
chargebacks.
Section 10. The Unified Code of Corrections is amended by
changing Section 5-9-1 as follows:
(730 ILCS 5/5-9-1) (from Ch. 38, par. 1005-9-1)
Sec. 5-9-1. Authorized fines.
(a) An offender may be sentenced to pay a fine as provided
in Article 4.5 of Chapter V.
(b) (Blank.)

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(c) There shall be added to every fine imposed in
sentencing for a criminal or traffic offense, except an offense
relating to parking or registration, or offense by a
pedestrian, an additional penalty of $10 for each $40, or
fraction thereof, of fine imposed. The additional penalty of
$10 for each $40, or fraction thereof, of fine imposed, if not
otherwise assessed, shall also be added to every fine imposed
upon a plea of guilty, stipulation of facts or findings of
guilty, resulting in a judgment of conviction, or order of
supervision in criminal, traffic, local ordinance, county
ordinance, and conservation cases (except parking,
registration, or pedestrian violations), or upon a sentence of
probation without entry of judgment under Section 10 of the
Cannabis Control Act, Section 410 of the Illinois Controlled
Substances Act, or Section 70 of the Methamphetamine Control
and Community Protection Act.
Such additional amounts shall be assessed by the court
imposing the fine and shall be collected by the Circuit Clerk
in addition to the fine and costs in the case. Each such
additional penalty shall be remitted by the Circuit Clerk
within one month after receipt to the State Treasurer. The
State Treasurer shall deposit $1 for each $40, or fraction
thereof, of fine imposed into the LEADS Maintenance Fund. The
State Treasurer shall deposit $1 for each $40, or fraction
thereof, of fine imposed into the Law Enforcement Camera Grant
Fund. The remaining surcharge amount shall be deposited into

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the Traffic and Criminal Conviction Surcharge Fund, unless the
fine, costs or additional amounts are subject to disbursement
by the circuit clerk under Section 27.5 of the Clerks of Courts
Act. Such additional penalty 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 (c) during the preceding calendar year. Except as
otherwise provided by Supreme Court Rules, if a court in
imposing a fine against an offender levies a gross amount for
fine, costs, fees and penalties, the amount of the additional
penalty provided for herein shall be computed on the amount
remaining after deducting from the gross amount levied all fees
of the Circuit Clerk, the State's Attorney and the Sheriff.
After deducting from the gross amount levied the fees and
additional penalty provided for herein, less any other
additional penalties provided by law, the clerk shall remit the
net balance remaining to the entity authorized by law to
receive the fine imposed in the case. For purposes of this
Section "fees of the Circuit Clerk" shall include, if
applicable, the fee provided for under Section 27.3a of the
Clerks of Courts Act and the fee, if applicable, payable to the
county in which the violation occurred pursuant to Section
5-1101 of the Counties Code.
(c-5) In addition to the fines imposed by subsection (c),

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any person convicted or receiving an order of supervision for
driving under the influence of alcohol or drugs shall pay an
additional $100 fee to the clerk. This additional fee, 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 (c-5) during the preceding calendar year.
The Circuit Clerk may accept payment of fines and costs by
credit card from an offender who has been convicted of a
traffic offense, petty offense or misdemeanor and may charge
the service fee permitted where fines and costs are paid by
credit card provided for in Section 27.3b of the Clerks of
Courts Act.
(c-7) In addition to the fines imposed by subsection (c),
any person convicted or receiving an order of supervision for
driving under the influence of alcohol or drugs shall pay an
additional $5 fee to the clerk. This additional fee, 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

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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 (c-7)
during the preceding calendar year.
(c-9) (Blank).
(c-12) There shall be added to every fine imposed in
sentencing for an Article 12 offense of the Criminal Code of
2012 involving the use of a firearm and an Article 24 offense
of the Criminal Code of 2012 an additional penalty of $50.
The additional amount shall be assessed by the court
imposing the fine and shall be collected by the Circuit Clerk
in addition to the fine and costs in the case. Each additional
penalty shall be remitted by the Circuit Clerk within one month
after receipt to the State Treasurer. The State Treasurer shall
deposit moneys collected under this subsection into the Mental
Health Reporting Continuing Education Fund. The additional
penalty 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 (c-12)
during the preceding calendar year.
(d) In determining the amount and method of payment of a
fine, except for those fines established for violations of

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Chapter 15 of the Illinois Vehicle Code, the court shall
consider:
(1) the financial resources and future ability of the
offender to pay the fine; and
(2) whether the fine will prevent the offender from
making court ordered restitution or reparation to the
victim of the offense; and
(3) in a case where the accused is a dissolved
corporation and the court has appointed counsel to
represent the corporation, the costs incurred either by the
county or the State for such representation.
(e) The court may order the fine to be paid forthwith or
within a specified period of time or in installments.
(f) All fines, costs and additional amounts imposed under
this Section for any violation of Chapters 3, 4, 6, and 11 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, shall be
collected and disbursed by the circuit clerk as provided under
Section 27.5 of the Clerks of Courts Act.
(Source: P.A. 94-556, eff. 9-11-05; 94-652, eff. 8-22-05;
94-987, eff. 6-30-06; 95-1052, eff. 7-1-09.)".