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Public Act 098-0658
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HB4462 Enrolled | LRB098 18861 MLW 54007 b |
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AN ACT concerning transportation.
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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 Illinois Vehicle Code is amended by changing |
Section 16-104d as follows:
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(625 ILCS 5/16-104d) |
Sec. 16-104d. Additional fee; serious traffic violation. |
Any person who is convicted of, pleads guilty to, or is placed |
on supervision for a serious traffic violation, as defined in |
Section 1-187.001 of this Code, a violation of Section 11-501 |
of this Code, or a violation of a similar provision of a local |
ordinance shall pay an additional fee of $35. Of that fee, $15 |
shall be deposited into the Fire Prevention Fund in the State |
treasury, $15 shall be deposited into the Fire Truck Revolving |
Loan Fund in the State treasury, and $5 shall be deposited into |
the Circuit Court Clerk Operation and Administrative Fund |
created by the Clerk of the Circuit Court. |
This Section becomes inoperative on January 1, 2020 7 years |
after the effective date of this amendatory Act of the 95th |
General Assembly .
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(Source: P.A. 95-154, eff. 10-13-07; 96-286, eff. 8-11-09; |
96-1175, eff. 9-20-10.)
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Section 10. The Clerks of Courts Act is amended by changing |
Sections 27.5 and 27.6 as follows:
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(705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
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Sec. 27.5. (a) All fees, fines, costs, additional |
penalties, bail balances
assessed or forfeited, and any other |
amount paid by a person to the circuit
clerk that equals an |
amount less than $55, except restitution under Section
5-5-6 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
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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
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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: 47% shall be |
disbursed to the entity authorized by law to
receive the fine |
imposed in the case; 12% shall be disbursed to the State
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Treasurer; and 41% shall be disbursed to the county's general |
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corporate fund.
Of the 12% disbursed to the State Treasurer, |
1/6 shall be deposited by the
State Treasurer into the Violent |
Crime Victims Assistance Fund, 1/2 shall be
deposited into the |
Traffic and Criminal Conviction Surcharge Fund, and 1/3
shall |
be deposited into the Drivers Education Fund. For fiscal years |
1992 and
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
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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 |
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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 a |
court order, the circuit clerk 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.
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(b) The following amounts must be remitted to the State |
Treasurer for
deposit into the Illinois Animal Abuse Fund:
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(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 or 48-1 of the Criminal Code |
of
1961 or the Criminal Code of 2012;
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(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 or 48-1 of the Criminal
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Code of 1961 or the Criminal Code of 2012; and
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(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
or 48-1 of the Criminal |
Code of 1961 or the Criminal Code of 2012.
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(c) 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. |
(d) 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 |
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additional fee of $35, to be disbursed as provided in Section |
16-104d of that Code. |
This subsection (d) becomes inoperative on January 1, 2020 |
7 years after the effective date of Public Act 95-154 .
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(e) 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 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. |
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(4) 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. |
(5) 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. |
(6) 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. |
(7) 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. |
(8) When a victim impact panel fee is assessed pursuant |
to subsection (b) of Section 11-501.01 of the Illinois |
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Vehicle Code, it shall be disbursed by the circuit clerk to |
the victim impact panel to be
attended by the defendant. |
(9) When a new fee collected in traffic cases is |
enacted after January 1, 2010 (the effective date of Public |
Act 96-735), it shall be excluded from the percentage |
disbursement provisions of this Section unless otherwise |
indicated by law. |
(f) Any person who receives a disposition of court |
supervision for a violation of Section 11-501 of the Illinois |
Vehicle Code 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. |
(g) 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. |
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(Source: P.A. 96-286, eff. 8-11-09; 96-576, eff. 8-18-09; |
96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-735, eff. 1-1-10; |
96-1000, eff. 7-2-10; 96-1175, eff. 9-20-10; 96-1342, eff. |
1-1-11; 97-333, eff. 8-12-11; 97-1108, eff. 1-1-13; 97-1150, |
eff. 1-25-13.)
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(705 ILCS 105/27.6)
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(Section as amended by P.A. 96-286, 96-576, 96-578, 96-625, |
96-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, and |
97-1150) |
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
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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 |
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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
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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
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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
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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 |
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 |
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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.
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(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.
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(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 the |
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Criminal Code of 2012 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.
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(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 |
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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.
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(d) The following amounts must be remitted to the State |
Treasurer for
deposit into the Illinois Animal Abuse Fund:
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(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 or 48-1 of the Criminal Code |
of
1961 or the Criminal Code of 2012;
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(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 or 48-1 of the Criminal
|
Code of 1961 or the Criminal Code of 2012; and
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(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 or 48-1 of the
Criminal |
Code of 1961 or the Criminal Code of 2012.
|
(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) becomes inoperative on January 1, 2020 |
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. |
(n) In addition to any other fines and court costs assessed |
by the courts, any person who is convicted of or pleads guilty |
to a violation of the Criminal Code of 1961 or the Criminal |
Code of 2012, or a similar provision of a local ordinance, or |
who is convicted of, pleads guilty to, or receives a |
disposition of court supervision for a violation of the |
Illinois Vehicle Code, or a similar provision of a local |
ordinance, shall pay an additional fee of $15 to the clerk of |
the circuit court. This additional fee of $15 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. |
This amount, less 2.5% that shall be used to defray |
administrative costs incurred by the clerk, shall be remitted |
by the clerk to the State Treasurer within 60 days after |
receipt for deposit into the State Police Merit Board Public |
Safety Fund. |
(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; 97-1051, eff. 1-1-13; |
97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
|
(Section as amended by P.A. 96-576, 96-578, 96-625, 96-667, |
96-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, and |
97-1150) |
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 the |
Criminal Code of 2012 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 or 48-1 of the Criminal Code |
of
1961 or the Criminal Code of 2012;
|
(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 or 48-1 of the Criminal
|
Code of 1961 or the Criminal Code of 2012; 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 or 48-1 of the
Criminal |
Code of 1961 or the Criminal Code of 2012.
|
(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 on January 1, 2020 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. |
(n) In addition to any other fines and court costs assessed |
by the courts, any person who is convicted of or pleads guilty |
to a violation of the Criminal Code of 1961 or the Criminal |
|
Code of 2012, or a similar provision of a local ordinance, or |
who is convicted of, pleads guilty to, or receives a |
disposition of court supervision for a violation of the |
Illinois Vehicle Code, or a similar provision of a local |
ordinance, shall pay an additional fee of $15 to the clerk of |
the circuit court. This additional fee of $15 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. |
This amount, less 2.5% that shall be used to defray |
administrative costs incurred by the clerk, shall be remitted |
by the clerk to the State Treasurer within 60 days after |
receipt for deposit into the State Police Merit Board Public |
Safety Fund. |
(Source: P.A. 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; 97-434, eff. |
1-1-12; 97-1051, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1150, |
eff. 1-25-13.)
|
Section 15. The Unified Code of Corrections is amended by |
changing Section 5-6-1 as follows:
|
(730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
|
Sec. 5-6-1. Sentences of Probation and of Conditional
|
Discharge and Disposition of Supervision.
The General Assembly |
finds that in order to protect the public, the
criminal justice |
|
system must compel compliance with the conditions of probation
|
by responding to violations with swift, certain and fair |
punishments and
intermediate sanctions. The Chief Judge of each |
circuit shall adopt a system of
structured, intermediate |
sanctions for violations of the terms and conditions
of a |
sentence of probation, conditional discharge or disposition of
|
supervision.
|
(a) Except where specifically prohibited by other
|
provisions of this Code, the court shall impose a sentence
of |
probation or conditional discharge upon an offender
unless, |
having regard to the nature and circumstance of
the offense, |
and to the history, character and condition
of the offender, |
the court is of the opinion that:
|
(1) his imprisonment or periodic imprisonment is |
necessary
for the protection of the public; or
|
(2) probation or conditional discharge would deprecate
|
the seriousness of the offender's conduct and would be
|
inconsistent with the ends of justice; or
|
(3) a combination of imprisonment with concurrent or |
consecutive probation when an offender has been admitted |
into a drug court program under Section 20 of the Drug |
Court Treatment Act is necessary for the protection of the |
public and for the rehabilitation of the offender.
|
The court shall impose as a condition of a sentence of |
probation,
conditional discharge, or supervision, that the |
probation agency may invoke any
sanction from the list of |
|
intermediate sanctions adopted by the chief judge of
the |
circuit court for violations of the terms and conditions of the |
sentence of
probation, conditional discharge, or supervision, |
subject to the provisions of
Section 5-6-4 of this Act.
|
(b) The court may impose a sentence of conditional
|
discharge for an offense if the court is of the opinion
that |
neither a sentence of imprisonment nor of periodic
imprisonment |
nor of probation supervision is appropriate.
|
(b-1) Subsections (a) and (b) of this Section do not apply |
to a defendant charged with a misdemeanor or felony under the |
Illinois Vehicle Code or reckless homicide under Section 9-3 of |
the Criminal Code of 1961 or the Criminal Code of 2012 if the |
defendant within the past 12 months has been convicted of or |
pleaded guilty to a misdemeanor or felony under the Illinois |
Vehicle Code or reckless homicide under Section 9-3 of the |
Criminal Code of 1961 or the Criminal Code of 2012. |
(c) The court may, upon a plea of guilty or a stipulation
|
by the defendant of the facts supporting the charge or a
|
finding of guilt, defer further proceedings and the
imposition |
of a sentence, and enter an order for supervision of the |
defendant,
if the defendant is not charged with: (i) a Class A |
misdemeanor, as
defined by the following provisions of the |
Criminal Code of 1961 or the Criminal Code of 2012: Sections
|
11-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6; |
31-7; paragraphs (2) and (3) of subsection (a) of Section
21-1;
|
paragraph (1) through (5), (8), (10), and (11) of subsection |
|
(a) of Section
24-1; (ii) a Class A misdemeanor violation of |
Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals |
Act; or (iii)
a felony.
If the defendant
is not barred from |
receiving an order for supervision as provided in this
|
subsection, the court may enter an order for supervision after |
considering the
circumstances of the offense, and the history,
|
character and condition of the offender, if the court is of the |
opinion
that:
|
(1) the offender is not likely to commit further |
crimes;
|
(2) the defendant and the public would be best served |
if the
defendant were not to receive a criminal record; and
|
(3) in the best interests of justice an order of |
supervision
is more appropriate than a sentence otherwise |
permitted under this Code.
|
(c-5) Subsections (a), (b), and (c) of this Section do not |
apply to a defendant charged with a second or subsequent |
violation of Section 6-303 of the Illinois Vehicle Code |
committed while his or her driver's license, permit or |
privileges were revoked because of a violation of Section 9-3 |
of the Criminal Code of 1961 or the Criminal Code of 2012, |
relating to the offense of reckless homicide, or a similar |
provision of a law of another state.
|
(d) The provisions of paragraph (c) shall not apply to a |
defendant charged
with violating Section 11-501 of the Illinois |
Vehicle Code or a similar
provision of a local
ordinance when |
|
the defendant has previously been:
|
(1) convicted for a violation of Section 11-501 of
the |
Illinois Vehicle
Code or a similar provision of a
local |
ordinance or any similar law or ordinance of another state; |
or
|
(2) assigned supervision for a violation of Section |
11-501 of the Illinois
Vehicle Code or a similar provision |
of a local ordinance or any similar law
or ordinance of |
another state; or
|
(3) pleaded guilty to or stipulated to the facts |
supporting
a charge or a finding of guilty to a violation |
of Section 11-503 of the
Illinois Vehicle Code or a similar |
provision of a local ordinance or any
similar law or |
ordinance of another state, and the
plea or stipulation was |
the result of a plea agreement.
|
The court shall consider the statement of the prosecuting
|
authority with regard to the standards set forth in this |
Section.
|
(e) The provisions of paragraph (c) shall not apply to a |
defendant
charged with violating Section 16-25 or 16A-3 of the |
Criminal Code of 1961 or the Criminal Code of 2012 if said
|
defendant has within the last 5 years been:
|
(1) convicted for a violation of Section 16-25 or 16A-3 |
of the Criminal Code of
1961 or the Criminal Code of 2012; |
or
|
(2) assigned supervision for a violation of Section |
|
16-25 or 16A-3 of the Criminal
Code of 1961 or the Criminal |
Code of 2012.
|
The court shall consider the statement of the prosecuting |
authority with
regard to the standards set forth in this |
Section.
|
(f) The provisions of paragraph (c) shall not apply to a |
defendant
charged with violating Sections 15-111, 15-112, |
15-301, paragraph (b)
of Section 6-104, Section 11-605, Section |
11-1002.5, or Section 11-1414
of the Illinois Vehicle Code or a |
similar provision of a local ordinance.
|
(g) Except as otherwise provided in paragraph (i) of this |
Section, the
provisions of paragraph (c) shall not apply to a
|
defendant charged with violating Section
3-707, 3-708, 3-710, |
or 5-401.3
of the Illinois Vehicle Code or a similar provision |
of a local ordinance if the
defendant has within the last 5 |
years been:
|
(1) convicted for a violation of Section 3-707, 3-708, |
3-710, or 5-401.3
of the Illinois Vehicle Code or a similar |
provision of a local
ordinance; or
|
(2) assigned supervision for a violation of Section |
3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle |
Code or a similar provision of a local
ordinance.
|
The court shall consider the statement of the prosecuting |
authority with
regard to the standards set forth in this |
Section.
|
(h) The provisions of paragraph (c) shall not apply to a |
|
defendant under
the age of 21 years charged with violating a |
serious traffic offense as defined
in Section 1-187.001 of the |
Illinois Vehicle Code:
|
(1) unless the defendant, upon payment of the fines, |
penalties, and costs
provided by law, agrees to attend and |
successfully complete a traffic safety
program approved by |
the court under standards set by the Conference of Chief
|
Circuit Judges. The accused shall be responsible for |
payment of any traffic
safety program fees. If the accused |
fails to file a certificate of
successful completion on or |
before the termination date of the supervision
order, the |
supervision shall be summarily revoked and conviction |
entered. The
provisions of Supreme Court Rule 402 relating |
to pleas of guilty do not apply
in cases when a defendant |
enters a guilty plea under this provision; or
|
(2) if the defendant has previously been sentenced |
under the provisions of
paragraph (c) on or after January |
1, 1998 for any serious traffic offense as
defined in |
Section 1-187.001 of the Illinois Vehicle Code.
|
(h-1) The provisions of paragraph (c) shall not apply to a |
defendant under the age of 21 years charged with an offense |
against traffic regulations governing the movement of vehicles |
or any violation of Section 6-107 or Section 12-603.1 of the |
Illinois Vehicle Code, unless the defendant, upon payment of |
the fines, penalties, and costs provided by law, agrees to |
attend and successfully complete a traffic safety program |
|
approved by the court under standards set by the Conference of |
Chief Circuit Judges. The accused shall be responsible for |
payment of any traffic safety program fees. If the accused |
fails to file a certificate of successful completion on or |
before the termination date of the supervision order, the |
supervision shall be summarily revoked and conviction entered. |
The provisions of Supreme Court Rule 402 relating to pleas of |
guilty do not apply in cases when a defendant enters a guilty |
plea under this provision.
|
(i) The provisions of paragraph (c) shall not apply to a |
defendant charged
with violating Section 3-707 of the Illinois |
Vehicle Code or a similar
provision of a local ordinance if the |
defendant has been assigned supervision
for a violation of |
Section 3-707 of the Illinois Vehicle Code or a similar
|
provision of a local ordinance.
|
(j) The provisions of paragraph (c) shall not apply to a
|
defendant charged with violating
Section 6-303 of the Illinois |
Vehicle Code or a similar provision of
a local ordinance when |
the revocation or suspension was for a violation of
Section |
11-501 or a similar provision of a local ordinance or a |
violation of
Section 11-501.1 or paragraph (b) of Section |
11-401 of the Illinois Vehicle
Code if the
defendant has within |
the last 10 years been:
|
(1) convicted for a violation of Section 6-303 of the |
Illinois Vehicle
Code or a similar provision of a local |
ordinance; or
|
|
(2) assigned supervision for a violation of Section |
6-303 of the Illinois
Vehicle Code or a similar provision |
of a local ordinance. |
(k) The provisions of paragraph (c) shall not apply to a
|
defendant charged with violating
any provision of the Illinois |
Vehicle Code or a similar provision of a local ordinance that |
governs the movement of vehicles if, within the 12 months |
preceding the date of the defendant's arrest, the defendant has |
been assigned court supervision on 2 occasions for a violation |
that governs the movement of vehicles under the Illinois |
Vehicle Code or a similar provision of a local ordinance.
The |
provisions of this paragraph (k) do not apply to a defendant |
charged with violating Section 11-501 of the Illinois Vehicle |
Code or a similar provision of a local ordinance.
|
(l) A defendant charged with violating any provision of the |
Illinois Vehicle Code or a similar provision of a local |
ordinance who receives a disposition of supervision under |
subsection (c) shall pay an additional fee of $29, to be |
collected as provided in Sections 27.5 and 27.6 of the Clerks |
of Courts Act. In addition to the $29 fee, the person shall |
also pay a fee of $6, which, if not waived by the court, shall |
be collected as provided in Sections 27.5 and 27.6 of the |
Clerks of Courts Act. The $29 fee shall be disbursed as |
provided in Section 16-104c of the Illinois Vehicle Code. If |
the $6 fee is collected, $5.50 of the fee shall be deposited |
into the Circuit Court Clerk Operation and Administrative Fund |
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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.
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(m) 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 (m) becomes inoperative on January 1, 2020 |
7 years after October 13, 2007 (the effective date of Public |
Act 95-154) .
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(n)
The provisions of paragraph (c) shall not apply to any |
person under the age of 18 who commits an offense against |
traffic regulations governing the movement of vehicles or any |
violation of Section 6-107 or Section 12-603.1 of the Illinois |
Vehicle Code, except upon personal appearance of the defendant |
in court and upon the written consent of the defendant's parent |
or legal guardian, executed before the presiding judge. The |
presiding judge shall have the authority to waive this |
requirement upon the showing of good cause by the defendant.
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(o)
The provisions of paragraph (c) shall not apply to a |
defendant charged with violating Section 6-303 of the Illinois |
Vehicle Code or a similar provision of a local ordinance when |
the suspension was for a violation of Section 11-501.1 of the |
|
Illinois Vehicle Code and when: |
(1) at the time of the violation of Section 11-501.1 of |
the Illinois Vehicle Code, the defendant was a first |
offender pursuant to Section 11-500 of the Illinois Vehicle |
Code and the defendant failed to obtain a monitoring device |
driving permit; or |
(2) at the time of the violation of Section 11-501.1 of |
the Illinois Vehicle Code, the defendant was a first |
offender pursuant to Section 11-500 of the Illinois Vehicle |
Code, had subsequently obtained a monitoring device |
driving permit, but was driving a vehicle not equipped with |
a breath alcohol ignition interlock device as defined in |
Section 1-129.1 of the Illinois Vehicle Code.
|
(p) The provisions of paragraph (c) shall not apply to a |
defendant charged with violating Section 11-601.5 of the |
Illinois Vehicle Code or a similar provision of a local |
ordinance. |
(q) The provisions of paragraph (c) shall not apply to a |
defendant charged with violating subsection (b) of Section |
11-601 of the Illinois Vehicle Code when the defendant was |
operating a vehicle, in an urban district, at a speed in excess |
of 25 miles per hour over the posted speed limit. |
(r) The provisions of paragraph (c) shall not apply to a |
defendant charged with violating any provision of the Illinois |
Vehicle Code or a similar provision of a local ordinance if the |
violation was the proximate cause of the death of another and |
|
the defendant's driving abstract contains a prior conviction or |
disposition of court supervision for any violation of the |
Illinois Vehicle Code, other than an equipment violation, or a |
suspension, revocation, or cancellation of the driver's |
license. |
(Source: P.A. 97-333, eff. 8-12-11; 97-597, eff. 1-1-12; |
97-831, eff. 7-1-13; 97-1108, eff. 1-1-13; 97-1150, eff. |
1-25-13; 98-169, eff. 1-1-14.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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