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HB3950 Enrolled |
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| AN ACT concerning courts.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Clerks of Courts Act is amended by changing |
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| Section 27.6 as follows:
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| (705 ILCS 105/27.6)
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| Sec. 27.6. (a) All fees, fines, costs, additional |
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| penalties, bail balances
assessed or forfeited, and any other |
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| amount paid by a person to the circuit
clerk equalling an |
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| amount of $55 or more, except the fine imposed by Section |
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| 5-9-1.15
of the Unified Code of Corrections, the additional fee |
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| required
by subsections (b) and (c), restitution under Section |
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| 5-5-6 of the
Unified Code of Corrections, contributions to a |
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| local anti-crime program ordered pursuant to Section |
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| 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of |
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| Corrections, reimbursement for the costs of an emergency
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| response as provided under Section 11-501 of the Illinois |
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| Vehicle Code,
any fees collected for attending a traffic safety |
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| program under paragraph (c)
of Supreme Court Rule 529, any fee |
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| collected on behalf of a State's Attorney
under Section 4-2002 |
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| of the Counties Code or a sheriff under Section 4-5001
of the |
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| Counties Code, or any cost imposed under Section 124A-5 of the |
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| Code of
Criminal Procedure of 1963, for convictions, orders of |
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HB3950 Enrolled |
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LRB096 04575 AJO 14630 b |
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| supervision, or any
other disposition for a violation of |
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| Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a |
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| similar provision of a local ordinance, and any
violation of |
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| the Child Passenger Protection Act, or a similar provision of a
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| local ordinance, and except as provided in subsections (d) and |
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| (g)
shall be disbursed
within 60 days after receipt by the |
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| circuit
clerk as follows: 44.5% shall be disbursed to the |
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| entity authorized by law to
receive the fine imposed in the |
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| case; 16.825% shall be disbursed to the State
Treasurer; and |
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| 38.675% shall be disbursed to the county's general corporate
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| fund. Of the 16.825% disbursed to the State Treasurer, 2/17 |
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| shall be deposited
by the State Treasurer into the Violent |
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| Crime Victims Assistance Fund, 5.052/17
shall be deposited into |
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| the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall |
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| be deposited into the Drivers Education Fund, and 6.948/17 |
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| shall be
deposited into the Trauma Center Fund. Of the 6.948/17 |
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| deposited into the
Trauma Center Fund from the 16.825% |
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| disbursed to the State Treasurer, 50% shall
be disbursed to the |
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| Department of Public Health and 50% shall be disbursed to
the |
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| Department of Healthcare and Family Services. For fiscal year |
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| 1993, amounts deposited into
the Violent Crime Victims |
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| Assistance Fund, the Traffic and Criminal
Conviction Surcharge |
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| Fund, or the Drivers Education Fund shall not exceed 110%
of |
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| the amounts deposited into those funds in fiscal year 1991. Any
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| amount that exceeds the 110% limit shall be distributed as |
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| follows: 50%
shall be disbursed to the county's general |
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LRB096 04575 AJO 14630 b |
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| corporate fund and 50% shall be
disbursed to the entity |
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| authorized by law to receive the fine imposed in
the case. Not |
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| later than March 1 of each year the circuit clerk
shall submit |
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| a report of the amount of funds remitted to the State
Treasurer |
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| under this Section during the preceding year based upon
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| independent verification of fines and fees. All counties shall |
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| be subject
to this Section, except that counties with a |
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| population under 2,000,000
may, by ordinance, elect not to be |
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| subject to this Section. For offenses
subject to this Section, |
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| judges shall impose one total sum of money payable
for |
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| violations. The circuit clerk may add on no additional amounts |
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| except
for amounts that are required by Sections 27.3a and |
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| 27.3c of
this Act, unless those amounts are specifically waived |
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| by the judge. With
respect to money collected by the circuit |
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| clerk as a result of
forfeiture of bail, ex parte judgment or |
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| guilty plea pursuant to Supreme
Court Rule 529, the circuit |
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| clerk shall first deduct and pay amounts
required by Sections |
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| 27.3a and 27.3c of this Act. This Section is a denial
and |
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| limitation of home rule powers and functions under subsection |
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| (h) of
Section 6 of Article VII of the Illinois Constitution.
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| (b) In addition to any other fines and court costs assessed |
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| by the courts,
any person convicted or receiving an order of |
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| supervision for driving under
the influence of alcohol or drugs |
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| shall pay an additional fee of $100 to the
clerk of the circuit |
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| court. This amount, less 2 1/2% that shall be used to
defray |
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| administrative costs incurred by the clerk, shall be remitted |
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HB3950 Enrolled |
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LRB096 04575 AJO 14630 b |
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| by the
clerk to the Treasurer within 60 days after receipt for |
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| deposit into the Trauma
Center Fund. This additional fee of |
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| $100 shall not be considered a part of the
fine for purposes of |
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| any reduction in the fine for time served either before or
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| after sentencing. Not later than March 1 of each year the |
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| Circuit Clerk shall
submit a report of the amount of funds |
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| remitted to the State Treasurer under
this subsection during |
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| the preceding calendar year.
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| (b-1) In addition to any other fines and court costs |
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| assessed by the courts,
any person convicted or receiving an |
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| order of supervision for driving under the
influence of alcohol |
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| or drugs shall pay an additional fee of $5 to the clerk
of the |
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| circuit court. This amount, less
2 1/2% that shall be used to |
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| defray administrative costs incurred by the clerk,
shall be |
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| remitted by the clerk to the Treasurer within 60 days after |
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| receipt
for deposit into the Spinal Cord Injury Paralysis Cure |
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| Research Trust Fund.
This additional fee of $5 shall not
be |
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| considered a part of the fine for purposes of any reduction in |
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| the fine for
time served either before or after sentencing. Not |
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| later than March 1 of each
year the Circuit Clerk shall submit |
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| a report of the amount of funds remitted to
the State Treasurer |
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| under this subsection during the preceding calendar
year.
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| (c) In addition to any other fines and court costs assessed |
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| by the courts,
any person convicted for a violation of Sections |
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| 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or a |
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| person sentenced for a violation of the Cannabis
Control Act, |
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HB3950 Enrolled |
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LRB096 04575 AJO 14630 b |
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| the Illinois Controlled Substances Act, or the Methamphetamine |
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| Control and Community Protection Act
shall pay an additional |
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| fee of $100 to the clerk
of the circuit court. This amount, |
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| less
2 1/2% that shall be used to defray administrative costs |
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| incurred by the clerk,
shall be remitted by the clerk to the |
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| Treasurer within 60 days after receipt
for deposit into the |
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| Trauma Center Fund. This additional fee of $100 shall not
be |
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| considered a part of the fine for purposes of any reduction in |
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| the fine for
time served either before or after sentencing. Not |
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| later than March 1 of each
year the Circuit Clerk shall submit |
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| a report of the amount of funds remitted to
the State Treasurer |
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| under this subsection during the preceding calendar year.
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| (c-1) In addition to any other fines and court costs |
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| assessed by the
courts, any person sentenced for a violation of |
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| the Cannabis Control Act,
the Illinois Controlled Substances |
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| Act, or the Methamphetamine Control and Community Protection |
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| Act shall pay an additional fee of $5 to the
clerk of the |
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| circuit court. This amount, less 2 1/2% that shall be used to
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| defray administrative costs incurred by the clerk, shall be |
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| remitted by the
clerk to the Treasurer within 60 days after |
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| receipt for deposit into the Spinal
Cord Injury Paralysis Cure |
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| Research Trust Fund. This additional fee of $5
shall not be |
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| considered a part of the fine for purposes of any reduction in |
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| the
fine for time served either before or after sentencing. Not |
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| later than March 1
of each year the Circuit Clerk shall submit |
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| a report of the amount of funds
remitted to the State Treasurer |
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HB3950 Enrolled |
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LRB096 04575 AJO 14630 b |
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| under this subsection during the preceding
calendar year.
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| (d) The following amounts must be remitted to the State |
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| Treasurer for
deposit into the Illinois Animal Abuse Fund:
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| (1) 50% of the amounts collected for felony offenses |
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| under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, |
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| 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for |
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| Animals Act and Section 26-5 of the Criminal Code of
1961;
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| (2) 20% of the amounts collected for Class A and Class |
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| B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, |
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| 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care |
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| for Animals Act and Section 26-5 of the Criminal
Code of |
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| 1961; and
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| (3) 50% of the amounts collected for Class C |
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| misdemeanors under Sections
4.01 and 7.1 of the Humane Care |
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| for Animals Act and Section 26-5 of the
Criminal Code of |
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| 1961.
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| (e) Any person who receives a disposition of court |
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| supervision for a violation of the Illinois Vehicle Code or a |
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| similar provision of a local ordinance shall, in addition to |
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| any other fines, fees, and court costs, pay an additional fee |
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| of $20, to be disbursed as provided in Section 16-104c of the |
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| Illinois Vehicle Code. In addition to the fee of $20, the |
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| person shall also pay a fee of $5, if not waived by the court. |
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| If this $5 fee is collected, $4.50 of the fee shall be |
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| deposited into the Circuit Court Clerk Operation and |
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| Administrative Fund created by the Clerk of the Circuit Court |
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| and 50 cents of the fee shall be deposited into the Prisoner |
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| Review Board Vehicle and Equipment Fund in the State treasury.
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| (f) This Section does not apply to the additional child |
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| pornography fines assessed and collected under Section |
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| 5-9-1.14 of the Unified Code of Corrections.
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| (g)
Of the amounts collected as fines under subsection (b) |
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| of Section 3-712 of the Illinois Vehicle Code, 99% shall be |
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| deposited into the Illinois Military Family Relief Fund and 1% |
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| shall be deposited into the Circuit Court Clerk Operation and |
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| Administrative Fund created by the Clerk of the Circuit Court |
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| to be used to offset the costs incurred by the Circuit Court |
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| Clerk in performing the additional duties required to collect |
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| and disburse funds to entities of State and local government as |
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| provided by law.
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| (Source: P.A. 94-556, eff. 9-11-05; 94-1009, eff. 1-1-07; |
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| 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428, eff. 8-24-07; |
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| 95-600, eff. 6-1-08; 95-876, eff. 8-21-08.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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