Bill Text: IL HB4594 | 2017-2018 | 100th General Assembly | Chaptered


Bill Title: Creates the Criminal and Traffic Assessment Act. Provides a minimum fine is $25. Provides when any defendant is convicted, pleads guilty, or placed on court supervision for a violation of a law or local ordinance, the court shall order one schedule of assessments in the case plus any conditional assessment applicable to a conviction in the case, as set forth in the Act, for the defendant to pay in addition to any fine, restitution, or forfeiture ordered by the court. Provides all money collected by the clerk of the court based on the schedules or conditional assessments shall be remitted to the appropriate treasurer as directed in the Act. Provides the treasurers shall deposit the money as indicated in the ordered schedule or conditional assessment. Amends the Code of Criminal Procedure of 1963. Provides that a defendant may petition the court for full or partial waiver of court assessments imposed under the Criminal and Traffic Assessment Act. Provides the court shall grant a full or partial waiver of court assessments if specified conditions are met. Makes corresponding and conforming changes to various Acts and Codes. Repeals various laws. Effective July 1, 2019, except for certain provisions that are effective July 1, 2018.

Spectrum: Slight Partisan Bill (Democrat 19-12)

Status: (Passed) 2018-08-20 - Public Act . . . . . . . . . 100-0987 [HB4594 Detail]

Download: Illinois-2017-HB4594-Chaptered.html



Public Act 100-0987
HB4594 EnrolledLRB100 17151 MRW 32305 b
AN ACT concerning fees, fines, and assessments.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Article 1. General Provisions
Section 1-1. Short title. This Act may be cited as the
Criminal and Traffic Assessment Act.
Section 1-5. Definitions. In this Act:
"Assessment" means any costs imposed on a defendant under
schedules 1 through 13 of this Act.
"Business offense" means a petty offense for which the fine
is in excess of $1,000.
"Case" means all charges and counts filed against a single
defendant which are being prosecuted as a single proceeding
before the court.
"Count" means each separate offense charged in the same
indictment, information, or complaint when the indictment,
information, or complaint alleges the commission of more than
one offense.
"Conservation offense" means any violation of the
following Acts, Codes, or ordinances, except any offense
punishable upon conviction by imprisonment in the
penitentiary:
(1) Fish and Aquatic Life Code;
(2) Wildlife Code;
(3) Boat Registration and Safety Act;
(4) Park District Code;
(5) Chicago Park District Act;
(6) State Parks Act;
(7) State Forest Act;
(8) Forest Fire Protection District Act;
(9) Snowmobile Registration and Safety Act;
(10) Endangered Species Protection Act;
(11) Forest Products Transportation Act;
(12) Timber Buyers Licensing Act;
(13) Downstate Forest Preserve District Act;
(14) Exotic Weed Act;
(15) Ginseng Harvesting Act;
(16) Cave Protection Act;
(17) ordinances adopted under the Counties Code for the
acquisition of property for parks or recreational areas;
(18) Recreational Trails of Illinois Act;
(19) Herptiles-Herps Act; or
(20) any rule, regulation, proclamation, or ordinance
adopted under any Code or Act named in paragraphs (1)
through (19) of this definition.
"Conviction" means a judgment of conviction or sentence
entered upon a plea of guilty or upon a verdict or finding of
guilty of an offense, rendered by a legally constituted jury or
by a court of competent jurisdiction authorized to try the case
without a jury.
"Drug offense" means any violation of the Cannabis Control
Act, the Illinois Controlled Substances Act, the
Methamphetamine Control and Community Protection Act, or any
similar local ordinance which involves the possession or
delivery of a drug.
"Drug-related 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.
"Electronic citation" means the process of transmitting
traffic, misdemeanor, municipal ordinance, conservation, or
other citations and law enforcement data via electronic means
to a circuit court clerk.
"Emergency response" means any incident requiring a
response by a police officer, an ambulance, a firefighter
carried on the rolls of a regularly constituted fire department
or fire protection district, a firefighter of a volunteer fire
department, or a member of a recognized not-for-profit rescue
or emergency medical service provider. "Emergency response"
does not include a drug-related emergency response.
"Felony offense" means an offense for which a sentence to a
term of imprisonment in a penitentiary for one year or more is
provided.
"Fine" means a pecuniary punishment for a conviction as
ordered by a court of law.
"Highest classified offense" means the offense in the case
which carries the most severe potential disposition under
Article 4.5 of the Unified Code of Corrections.
"Major traffic offense" means a traffic offense under the
Illinois Vehicle Code or a similar provision of a local
ordinance other than a petty offense or business offense.
"Minor traffic offense" means a petty offense or business
offense under the Illinois Vehicle Code or a similar provision
of a local ordinance.
"Misdemeanor offense" means any offense for which a
sentence to a term of imprisonment in other than a penitentiary
for less than one year may be imposed.
"Petty offense" means any offense for which a sentence of
imprisonment is not an authorized disposition.
"Service provider costs" means costs incurred as a result
of services provided by an entity including, but not limited
to, traffic safety programs, laboratories, ambulance
companies, and fire departments. "Service provider costs"
includes conditional amounts under this Act that are
reimbursements for services provided.
"Street value" means the amount determined by the court on
the basis of testimony of law enforcement personnel and the
defendant as to the amount of drug or materials seized and any
testimony as may be required by the court as to the current
street value of the cannabis, controlled substance,
methamphetamine or salt of an optical isomer of
methamphetamine, or methamphetamine manufacturing materials
seized.
"Supervision" means a disposition of conditional and
revocable release without probationary supervision, but under
the conditions and reporting requirements as are imposed by the
court, at the successful conclusion of which disposition the
defendant is discharged and a judgment dismissing the charges
is entered.
Article 5. Assessment Procedures
Section 5-5. Minimum fine. Unless otherwise specified by
law, the minimum fine for a conviction or supervision
disposition on a minor traffic offense is $25 and the minimum
fine for a conviction, supervision disposition, or violation
based upon a plea of guilty or finding of guilt for any other
offense is $75. If the court finds that the fine would impose
an undue burden on the victim, the court may reduce or waive
the fine. In this Section, "victim" shall not be construed to
include the defendant.
Section 5-10. Schedules; payment.
(a) In each case, the court shall order an assessment, as
set forth in this Act, for a defendant to pay in addition to
any fine, restitution, or forfeiture ordered by the court when
the defendant is convicted of, pleads guilty to, or is placed
on court supervision for a violation of a statute of this State
or a similar local ordinance. The court may order a fine,
restitution, or forfeiture on any violation that is being
sentenced but shall order only one assessment from the Schedule
of Assessments 1 through 13 of this Act for all sentenced
violations in a case, that being the schedule applicable to the
highest classified offense violation that is being sentenced,
plus any conditional assessments under Section 15-70 of this
Act applicable to any sentenced violation in the case.
(b) If the court finds that the schedule of assessments
will cause an undue burden on any victim in a case or if the
court orders community service or some other punishment in
place of the applicable schedule of assessments, the court may
reduce the amount set forth in the applicable schedule of
assessments or not order the applicable schedule of
assessments. If the court reduces the amount set forth in the
applicable schedule of assessments, then all recipients of the
funds collected will receive a prorated amount to reflect the
reduction.
(c) The court may order the assessments to be paid
forthwith or within a specified period of time or in
installments.
(c-3) Excluding any ordered conditional assessment, if the
assessment is not paid within the period of probation,
conditional discharge, or supervision to which the defendant
was originally sentenced, the court may extend the period of
probation, conditional discharge, or supervision under Section
5-6-2 or 5-6-3.1 of the Unified Code of Corrections, as
applicable, until the assessment is paid or until successful
completion of public or community service set forth in
subsection (b) of Section 5-20 of this Act or the successful
completion of the substance abuse intervention or treatment
program set forth in subsection (c-5) of this Section.
(c-5) Excluding any ordered conditional assessment, the
court may suspend the collection of the assessment; provided,
the defendant agrees to enter a substance abuse intervention or
treatment program approved by the court; and further provided
that the defendant agrees to pay for all or some portion of the
costs associated with the intervention or treatment program. In
this case, the collection of the assessment shall be suspended
during the defendant's participation in the approved
intervention or treatment program. Upon successful completion
of the program, the defendant may apply to the court to reduce
the assessment imposed under this Section by any amount
actually paid by the defendant for his or her participation in
the program. The court shall not reduce the assessment under
this subsection unless the defendant establishes to the
satisfaction of the court that he or she has successfully
completed the intervention or treatment program. If the
defendant's participation is for any reason terminated before
his or her successful completion of the intervention or
treatment program, collection of the entire assessment imposed
under this Act shall be enforced. Nothing in this Section shall
be deemed to affect or suspend any other fines, restitution
costs, forfeitures, or assessments imposed under this or any
other Act.
(d) Except as provided in Section 5-15 of this Act, the
defendant shall pay to the clerk of the court and the clerk
shall remit the assessment to the appropriate entity as set
forth in the ordered schedule of assessments within one month
of its receipt.
(e) Unless a court ordered payment schedule is implemented
or the assessment requirements of this Act are waived under a
court order, the clerk of the circuit court may add to any
unpaid assessments under this Act a delinquency amount equal to
5% of the unpaid assessments that remain unpaid after 30 days,
10% of the unpaid assessments that remain unpaid after 60 days,
and 15% of the unpaid assessments 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 used to defray additional
administrative costs incurred by the clerk of the circuit court
in collecting unpaid assessments.
Section 5-15. Service provider costs. Unless otherwise
provided in Article 15 of this Act, the defendant shall pay
service provider costs to the entity that provided the service.
Service provider costs are not eligible for credit for time
served, substitution of community service, or waiver. The
circuit court may, through administrative order or local rule,
appoint the clerk of the court as the receiver and remitter of
certain service provider costs, which may include, but are not
limited to, probation fees, traffic school fees, or drug or
alcohol testing fees.
Section 5-20. Credit; time served; community service.
(a) Any credit for time served prior to sentencing that
reduces the amount a defendant is required to pay shall be
deducted first from the fine, if any, ordered by the court. Any
remainder of the credit shall be equally divided between the
assessments indicated in the ordered schedule and conditional
assessments.
(b) Excluding any ordered conditional assessment, a
defendant who has been ordered to pay an assessment may
petition the court to convert all or part of the assessment
into court-approved public or community service. One hour of
public or community service shall be equivalent to $4 of
assessment. The performance of this public or community service
shall be a condition of probation, conditional discharge, or
supervision and shall be in addition to the performance of any
other period of public or community service ordered by the
court or required by law.
Article 10. Funds
Section 10-5. Funds.
(a) All money collected by the Clerk of the Circuit Court
under Article 15 of this Act shall be remitted as directed in
Article 15 of this Act to the county treasurer, to the State
Treasurer, and to the treasurers of the units of local
government. If an amount payable to any of the treasurers is
less than $10, the clerk may postpone remitting the money until
$10 has accrued or by the end of fiscal year. The treasurers
shall deposit the money as indicated in the schedules, except
in a county with a population of over 3,000,000 monies remitted
to the county treasurer shall be subject to appropriation by
the county board. Any amount retained by the Clerk of the
Circuit Court in a county with population of over 3,000,000
shall be subject to appropriation by the county board.
(b) The county treasurer or the treasurer of the unit of
local government may create the funds indicated in paragraphs
(1) through (5), (9), and (16) of subsection (d) of this
Section, if not already in existence. If a county or unit of
local government has not instituted, and does not plan to
institute a program that uses a particular fund, the treasurer
need not create the fund and may instead deposit the money
intended for the fund into the general fund of the county or
unit of local government for use in financing the court system.
(c) If the arresting agency is a State agency, the
arresting agency portion shall be remitted by the clerk of
court to the State Treasurer who shall deposit the portion as
follows:
(1) if the arresting agency is the Department of State
Police, into the State Police Law Enforcement
Administration Fund;
(2) if the arresting agency is the Department of
Natural Resources, into the Conservation Police Operations
Assistance Fund;
(3) if the arresting agency is the Secretary of State,
into the Secretary of State Police Services Fund; and
(4) if the arresting agency is the Illinois Commerce
Commission, into the Public Utility Fund.
(d) Fund descriptions and provisions:
(1) The Court Automation Fund is to defray the expense,
borne by the county, of establishing and maintaining
automated record keeping systems in the Office of the Clerk
of the Circuit Court. The money shall be remitted monthly
by the clerk to the county treasurer and identified as
funds for the Circuit Court Clerk. The fund shall be
audited by the county auditor, and the board shall make
expenditures from the fund in payment of any costs related
to the automation of court records including hardware,
software, research and development costs, and personnel
costs related to the foregoing, provided that the
expenditure is approved by the clerk of the court and by
the chief judge of the circuit court or his or her
designee.
(2) The Document Storage Fund is to defray the expense,
borne by the county, of establishing and maintaining a
document storage system and converting the records of the
circuit court clerk to electronic or micrographic storage.
The money shall be remitted monthly by the clerk to the
county treasurer and identified as funds for the circuit
court clerk. The fund shall be audited by the county
auditor, and the board shall make expenditure from the fund
in payment of any cost related to the storage of court
records, including hardware, software, research and
development costs, and personnel costs related to the
foregoing, provided that the expenditure is approved by the
clerk of the court.
(3) The Circuit Clerk Operations and Administration
Fund is to defray the expenses incurred for collection and
disbursement of the various assessment schedules. The
money shall be remitted monthly by the clerk to the county
treasurer and identified as funds for the circuit court
clerk.
(4) The State's Attorney Records Automation Fund is to
defray the expense of establishing and maintaining
automated record keeping systems in the offices of the
State's Attorney. The money shall be remitted monthly by
the clerk to the county treasurer for deposit into the
State's Attorney Records Automation Fund. Expenditures
from this fund may be made by the State's Attorney for
hardware, software, and research and development related
to automated record keeping systems.
(5) The Public Defender Records Automation Fund is to
defray the expense of establishing and maintaining
automated record keeping systems in the offices of the
Public Defender. The money shall be remitted monthly by the
clerk to the county treasurer for deposit into the Public
Defender Records Automation Fund. Expenditures from this
fund may be made by the Public Defender for hardware,
software, and research and development related to
automated record keeping systems.
(6) The DUI Fund shall be used for enforcement and
prevention of driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds or
any combination thereof, as defined by Section 11-501 of
the Illinois Vehicle Code, including, but not limited to,
the purchase of law enforcement equipment and commodities
that will assist in the prevention of alcohol-related
criminal violence throughout the State; police officer
training and education in areas related to alcohol related
crime, including, but not limited to, DUI training; and
police officer salaries, including, but not limited to,
salaries for hire back funding for safety checkpoints,
saturation patrols, and liquor store sting operations. Any
moneys received by the Department of State Police shall be
deposited into the State Police Operations Assistance Fund
and those moneys and moneys in the State Police DUI Fund
shall be used to purchase law enforcement equipment that
will assist in the prevention of alcohol related criminal
violence throughout the State. The money shall be remitted
monthly by the clerk to the State or local treasurer for
deposit as provided by law.
(7) The Trauma Center Fund shall be distributed as
provided under Section 3.225 of the Emergency Medical
Services (EMS) Systems Act.
(8) The Probation and Court Services Fund is to be
expended as described in Section 15.1 of the Probation and
Probation Officers Act.
(9) The Circuit Court Clerk Electronic Citation Fund
shall have the Circuit Court Clerk as the custodian, ex
officio, of the Fund and shall be used to perform the
duties required by the office for establishing and
maintaining electronic citations. The Fund shall be
audited by the county's auditor.
(10) The Drug Treatment Fund is a special fund in the
State treasury. Moneys in the Fund shall be expended as
provided in Section 411.2 of the Illinois Controlled
Substances Act.
(11) The Violent Crime Victims Assistance Fund is a
special fund in the State treasury to provide moneys for
the grants to be awarded under the Violent Crime Victims
Assistance Act.
(12) The Criminal Justice Information Projects Fund
shall be appropriated to and administered by the Illinois
Criminal Justice Information Authority for distribution to
fund Department of State Police drug task forces and
Metropolitan Enforcement Groups, for the costs associated
with making grants from the Prescription Pill and Drug
Disposal Fund, for undertaking criminal justice
information projects, and for the operating and other
expenses of the Authority incidental to those criminal
justice information projects. The moneys deposited into
the Criminal Justice Information Projects Fund under
Sections 15-15 and 15-35 of this Act shall be appropriated
to and administered by the Illinois Criminal Justice
Information Authority for distribution to fund Department
of State Police drug task forces and Metropolitan
Enforcement Groups by dividing the funds equally by the
total number of Department of State Police drug task forces
and Illinois Metropolitan Enforcement Groups.
(13) The Sexual Assault Services Fund shall be
appropriated to the Department of Public Health. Upon
appropriation of moneys from the Sexual Assault Services
Fund, the Department of Public Health shall make grants of
these moneys to sexual assault organizations with whom the
Department has contracts for the purpose of providing
community-based services to victims of sexual assault.
Grants are in addition to, and are not substitutes for,
other grants authorized and made by the Department.
(14) The County Jail Medical Costs Fund is to help
defray the costs outlined in Section 17 of the County Jail
Act. Moneys in the Fund shall be used solely for
reimbursement to the county of costs for medical expenses
and administration of the Fund.
(15) The Prisoner Review Board Vehicle and Equipment
Fund is a special fund in the State treasury. The Prisoner
Review Board shall, subject to appropriation by the General
Assembly and approval by the Secretary, use all moneys in
the Prisoner Review Board Vehicle and Equipment Fund for
the purchase and operation of vehicles and equipment.
(16) In each county in which a Children's Advocacy
Center provides services, a Child Advocacy Center Fund,
specifically for the operation and administration of the
Children's Advocacy Center, from which the county board
shall make grants to support the activities and services of
the Children's Advocacy Center within that county.
Article 15. Assessment Schedules
Section 15-5. SCHEDULE 1; generic felony offenses.
SCHEDULE 1: Unless assessments are imposed by the court under
another schedule of this Act, for a felony offense, the Clerk
of the Circuit Court shall collect $549 and remit as follows:
(1) As the county's portion, $354 to the county treasurer,
who shall deposit the money as follows:
(A) $20 into the Court Automation Fund;
(B) $20 into the Court Document Storage Fund;
(C) $5 into the Circuit Court Clerk Operation and
Administrative Fund;
(D) $255 into the county's General Fund;
(E) $10 into the Child Advocacy Center Fund;
(F) $2 into the State's Attorney Records Automation
Fund;
(G) $2 into the Public Defender Records Automation
Fund;
(H) $20 into the County Jail Medical Costs Fund; and
(I) $20 into the Probation and Court Services Fund.
(2) As the State's portion, $195 to the State Treasurer,
who shall deposit the money as follows:
(A) $50 into the State Police Operations Assistance
Fund;
(B) $100 into the Violent Crime Victims Assistance
Fund;
(C) $10 into the State Police Merit Board Public Safety
Fund; and
(D) $35 into the Traffic and Criminal Conviction
Surcharge Fund.
Section 15-10. SCHEDULE 2; felony DUI offenses. SCHEDULE 2:
For a felony under Section 11-501 of the Illinois Vehicle Code,
Section 5-7 of the Snowmobile Registration and Safety Act,
Section 5-16 of the Boat Registration and Safety Act, or a
similar provision of a local ordinance, the Clerk of the
Circuit Court shall collect $1,709 and remit as follows:
(1) As the county's portion, $399 to the county treasurer,
who shall deposit the money as follows:
(A) $20 into the Court Automation Fund;
(B) $20 into the Court Document Storage Fund;
(C) $5 into the Circuit Court Clerk Operation and
Administrative Fund;
(D) $300 into the county's General Fund;
(E) $10 into the Child Advocacy Center Fund;
(F) $2 into the State's Attorney Records Automation
Fund;
(G) $2 into the Public Defender Records Automation
Fund;
(H) $20 into the County Jail Medical Costs Fund; and
(I) $20 into the Probation and Court Services Fund.
(2) As the State's portion, $1,110 to the State Treasurer,
who shall deposit the money as follows:
(A) $730 into the State Police Operations Assistance
Fund;
(B) $5 into the Drivers Education Fund;
(C) $100 into the Trauma Center Fund;
(D) $5 into the Spinal Cord Injury Paralysis Cure
Research Trust Fund;
(E) $5 into the State Police Merit Board Public Safety
Fund;
(F) $160 into the Traffic and Criminal Conviction
Surcharge Fund;
(G) $5 into the Law Enforcement Camera Grant Fund; and
(H) $100 into the Violent Crime Victims Assistance
Fund.
(3) As the arresting agency's portion, $200 to the
treasurer of the unit of local government of the arresting
agency, who shall deposit the money into the DUI Fund of that
unit of local government or as provided in subsection (c) of
Section 10-5 of this Act if the arresting agency is a State
agency, unless more than one agency is responsible for the
arrest in which case the amount shall be remitted to each unit
of government equally.
Section 15-15. SCHEDULE 3; felony drug offenses. SCHEDULE
3: For a felony under the Illinois Controlled Substances Act,
the Cannabis Control Act, or the Methamphetamine Control and
Community Protection Act, the Clerk of the Circuit Court shall
collect $2,215 and remit as follows:
(1) As the county's portion, $354 to the county treasurer,
who shall deposit the money as follows:
(A) $20 into the Court Automation Fund;
(B) $20 into the Court Document Storage Fund;
(C) $5 into the Circuit Court Clerk Operation and
Administrative Fund;
(D) $255 into the county's General Fund;
(E) $10 into the Child Advocacy Center Fund;
(F) $2 into the State's Attorney Records Automation
Fund;
(G) $2 into the Public Defender Records Automation
Fund;
(H) $20 into the County Jail Medical Costs Fund; and
(I) $20 into the Probation and Court Services Fund.
(2) As the State's portion, $1,861 to the State Treasurer,
who shall deposit the money as follows:
(A) $50 into the State Police Operations Assistance
Fund;
(B) $100 into the Violent Crime Victims Assistance
Fund;
(C) $100 into the Trauma Center Fund; and
(D) $5 into the Spinal Cord Injury Paralysis Cure
Research Trust Fund;
(E) $1,500 into the Drug Treatment Fund;
(F) $5 into the State Police Merit Board Public Safety
Fund;
(G) $38 into the Prescription Pill and Drug Disposal
Fund;
(H) $28 into the Criminal Justice Information Projects
Fund; and
(I) $35 into the Traffic and Criminal Conviction
Surcharge Fund.
Section 15-20. SCHEDULE 4; felony sex offenses. SCHEDULE 4:
For a felony or attempted felony under Article 11 or Section
12-33 of the Criminal Code of 2012, the Clerk of the Circuit
Court shall collect $1,314 and remit as follows:
(1) As the county's portion, $354 to the county treasurer,
who shall deposit the money as follows:
(A) $20 into the Court Automation Fund;
(B) $20 into the Court Document Storage Fund;
(C) $5 into the Circuit Court Clerk Operation and
Administrative Fund;
(D) $255 into the county's General Fund;
(E) $10 into the Child Advocacy Center Fund;
(F) $2 into the State's Attorney Records Automation
Fund;
(G) $2 into the Public Defender Records Automation
Fund;
(H) $20 into the County Jail Medical Costs Fund; and
(I) $20 into the Probation and Court Services Fund.
(2) As the State's portion, $960 to the State Treasurer,
who shall deposit the money as follows:
(A) $520 into the State Police Operations Assistance
Fund;
(B) $100 into the Violent Crime Victims Assistance
Fund;
(C) $200 into the Sexual Assault Services Fund;
(D) $100 into the Domestic Violence Shelter and
Services Fund;
(E) $5 into the State Police Merit Board Public Safety
Fund; and
(F) $35 into the Traffic and Criminal Conviction
Surcharge Fund.
Section 15-25. SCHEDULE 5; generic misdemeanor offenses.
SCHEDULE 5: Unless assessments are imposed under another
schedule of this Act, for a misdemeanor offense, the Clerk of
the Circuit Court shall collect $439 and remit as follows:
(1) As the county's portion, $282 to the county treasurer,
who shall deposit the money as follows:
(A) $20 into the Court Automation Fund;
(B) $20 into the Court Document Storage Fund;
(C) $5 into the Circuit Court Clerk Operation and
Administrative Fund;
(D) $8 into the Circuit Court Clerk Electronic Citation
Fund;
(E) $185 into the county's General Fund;
(F) $10 into the Child Advocacy Center Fund;
(G) $2 into the State's Attorney Records Automation
Fund;
(H) $2 into the Public Defender Records Automation
Fund;
(I) $10 into the County Jail Medical Costs Fund; and
(J) $20 into the Probation and Court Services Fund.
(2) As the State's portion, $155 to the State Treasurer,
who shall deposit the money as follows:
(A) $50 into the State Police Operations Assistance
Fund;
(B) $10 into the State Police Merit Board Public Safety
Fund;
(C) $75 into the Violent Crime Victims Assistance Fund;
and
(D) $20 into the Traffic and Criminal Conviction
Surcharge Fund.
(3) As the arresting agency's portion, $2, to the treasurer
of the unit of local government of the arresting agency, who
shall deposit the money into the E-citation Fund of that unit
of local government or as provided in subsection (c) of Section
10-5 of this Act if the arresting agency is a State agency,
unless more than one agency is responsible for the arrest in
which case the amount shall be remitted to each unit of
government equally.
Section 15-30. SCHEDULE 6; misdemeanor DUI offenses.
SCHEDULE 6: For a misdemeanor under Section 11-501 of the
Illinois Vehicle Code, Section 5-7 of the Snowmobile
Registration and Safety Act, Section 5-16 of the Boat
Registration and Safety Act, or a similar provision of a local
ordinance, the Clerk of the Circuit Court shall collect $1,381
and remit as follows:
(1) As the county's portion, $322 to the county treasurer,
who shall deposit the money as follows:
(A) $20 into the Court Automation Fund;
(B) $20 into the Court Document Storage Fund;
(C) $5 into the Circuit Court Clerk Operation and
Administrative Fund;
(D) $8 into the Circuit Court Clerk Electronic Citation
Fund;
(E) $225 into the county's General Fund;
(F) $10 into the Child Advocacy Center Fund;
(G) $2 into the State's Attorney Records Automation
Fund;
(H) $2 into the Public Defenders Records Automation
Fund;
(I) $10 into the County Jail Medical Costs Fund; and
(J) $20 into the Probation and Court Services Fund.
(2) As the State's portion, $707 to the State Treasurer,
who shall deposit the money as follows:
(A) $330 into the State Police Operations Assistance
Fund;
(B) $5 into the Drivers Education Fund;
(C) $5 into the State Police Merit Board Public Safety
Fund;
(D) $100 into the Trauma Center Fund;
(E) $5 into the Spinal Cord Injury Paralysis Cure
Research Trust Fund;
(F) $22 into the Fire Prevention Fund;
(G) $160 into the Traffic and Criminal Conviction
Surcharge Fund;
(H) $5 into the Law Enforcement Camera Grant Fund; and
(I) $75 into the Violent Crime Victims Assistance Fund.
(3) As the arresting agency's portion, $352 as follows,
unless more than one agency is responsible for the arrest in
which case the amount shall be remitted to each unit of
government equally:
(A) if the arresting agency is a local agency to the
treasurer of the unit of local government of the arresting
agency, who shall deposit the money as follows:
(i) $2 into the E-citation Fund of the unit of
local government; and
(ii) $350 into the DUI Fund of the unit of local
government; or
(B) as provided in subsection (c) of Section 10-5 of
this Act if the arresting agency is a State agency.
Section 15-35. SCHEDULE 7; misdemeanor drug offenses.
SCHEDULE 7: For a misdemeanor under the Illinois Controlled
Substances Act, the Cannabis Control Act, or the
Methamphetamine Control and Community Protection Act, the
Clerk of the Circuit Court shall collect $905 and remit as
follows:
(1) As the county's portion, $282 to the county treasurer,
who shall deposit the money as follows:
(A) $20 into the Court Automation Fund;
(B) $20 into the Court Document Storage Fund;
(C) $5 into the Circuit Court Clerk Operation and
Administrative Fund;
(D) $8 into the Circuit Court Clerk Electronic Citation
Fund;
(E) $185 into the county's General Fund;
(F) $10 into the Child Advocacy Center Fund;
(G) $2 into the State's Attorney Records Automation
Fund;
(H) $2 into the Public Defenders Records Automation
Fund;
(I) $10 into the County Jail Medical Costs Fund; and
(J) $20 into the Probation and Court Services Fund.
(2) As the State's portion, $621 to the State Treasurer,
who shall deposit the money as follows:
(A) $50 into the State Police Operations Assistance
Fund;
(B) $75 into the Violent Crime Victims Assistance Fund;
(C) $100 into the Trauma Center Fund;
(D) $5 into the Spinal Cord Injury Paralysis Cure
Research Trust Fund;
(E) $300 into the Drug Treatment Fund;
(F) $38 into the Prescription Pill and Drug Disposal
Fund;
(G) $28 into the Criminal Justice Information Projects
Fund;
(H) $5 into the State Police Merit Board Public Safety
Fund; and
(I) $20 into the Traffic and Criminal Conviction
Surcharge Fund.
(3) As the arresting agency's portion, $2, to the treasurer
of the unit of local government of the arresting agency, who
shall deposit the money into the E-citation Fund of that unit
of local government or as provided in subsection (c) of Section
10-5 of this Act if the arresting agency is a State agency,
unless more than one agency is responsible for the arrest in
which case the amount shall be remitted to each unit of
government equally.
Section 15-40. SCHEDULE 8; misdemeanor sex offenses.
SCHEDULE 8: For a misdemeanor or attempted misdemeanor under
Article 11 of the Criminal Code of 2012, the Clerk of the
Circuit Court shall collect $1,184 and remit as follows:
(1) As the county's portion, $282 to the county treasurer,
who shall deposit the money as follows:
(A) $20 into the Court Automation Fund;
(B) $20 into the Court Document Storage Fund;
(C) $5 into the Circuit Court Clerk Operation and
Administrative Fund;
(D) $8 into the Circuit Court Clerk Electronic Citation
Fund;
(E) $185 into the county's General Fund;
(F) $10 into the Child Advocacy Center Fund;
(G) $2 into the State's Attorney Records Automation
Fund;
(H) $2 into the Public Defenders Records Automation
Fund;
(I) $10 into the County Jail Medical Costs Fund; and
(J) $20 into the Probation and Court Services Fund.
(2) As the State's portion, $900 to the State Treasurer,
who shall deposit the money as follows:
(A) $500 into the State Police Operations Assistance
Fund;
(B) $75 into the Violent Crime Victims Assistance Fund;
(C) $200 into the Sexual Assault Services Fund;
(D) $100 into the Domestic Violence Shelter and Service
Fund;
(E) $5 into the State Police Merit Board Public Safety
Fund; and
(F) $20 into the Traffic and Criminal Conviction
Surcharge Fund.
(3) As the arresting agency's portion, $2, to the treasurer
of the unit of local government of the arresting agency, who
shall deposit the money into the E-citation Fund of that unit
of local government or as provided in subsection (c) of Section
10-5 of this Act if the arresting agency is a State agency,
unless more than one agency is responsible for the arrest in
which case the amount shall be remitted to each unit of
government equally.
Section 15-45. SCHEDULE 9; major traffic offenses.
SCHEDULE 9: For a major traffic offense, the Clerk of the
Circuit Court shall collect $325 plus, if applicable, the
amount established under paragraph (1.5) of this Section and
remit as follows:
(1) As the county's portion, $203 to the county treasurer,
who shall deposit the money as follows:
(A) $20 into the Court Automation Fund;
(B) $20 into the Court Document Storage Fund;
(C) $5 into the Circuit Court Clerk Operation and
Administrative Fund;
(D) $8 into the Circuit Court Clerk Electronic Citation
Fund; and
(E) $150 into the county's General Fund.
(1.5) In a county with a population of 3,000,000 or more,
the county board may by ordinance or resolution establish an
additional assessment not to exceed $37 to be remitted to the
county treasurer of which $5 shall be deposited into the Court
Automation Fund, $5 shall be deposited into the Court Document
Storage Fund, $2 shall be deposited into the State's Attorneys
Records Automation Fund, $2 shall be deposited into the Public
Defenders Records Automation Fund, $10 shall be deposited into
the Probation and Court Services Fund, and the remainder shall
be used for purposes related to the operation of the court
system.
(2) As the State's portion, $97 to the State Treasurer, who
shall deposit the money as follows:
(A) $20 into the State Police Operations Assistance
Fund;
(B) $5 into the Drivers Education Fund;
(C) $5 into the State Police Merit Board Public Safety
Fund;
(D) $22 into the Fire Prevention Fund;
(E) $40 into the Traffic and Criminal Conviction
Surcharge Fund; and
(F) $5 into the Violent Crime Victims Assistance Fund.
(3) As the arresting agency's portion, $25, to the
treasurer of the unit of local government of the arresting
agency, who shall deposit the money as follows:
(A) $2 into the E-citation Fund of that unit of local
government or as provided in subsection (c) of Section 10-5
of this Act if the arresting agency is a State agency,
unless more than one agency is responsible for the arrest
in which case the amount shall be remitted to each unit of
government equally.
(B) $23 into the General Fund of that unit of local
government or as provided in subsection (c) of Section 10-5
of this Act if the arresting agency is a State agency,
unless more than one agency is responsible for the arrest
in which case the amount shall be remitted to each unit of
government equally.
Section 15-50. SCHEDULE 10; minor traffic offenses.
SCHEDULE 10: For a minor traffic offense, the Clerk of the
Circuit Court shall collect $226 plus, if applicable, the
amount established under paragraph (1.5) of this Section and
remit as follows:
(1) As the county's portion, $168 to the county treasurer,
who shall deposit the money as follows:
(A) $20 into the Court Automation Fund;
(B) $20 into the Court Document Storage Fund;
(C) $5 into the Circuit Court Clerk Operation and
Administrative Fund;
(D) $8 into the Circuit Court Clerk Electronic Citation
Fund; and
(E) $115 into the county's General Fund.
(1.5) In a county with a population of 3,000,000 or more,
the county board may by ordinance or resolution establish an
additional assessment not to exceed $28 to be remitted to the
county treasurer of which $5 shall be deposited into the Court
Automation Fund, $5 shall be deposited into the Court Document
Storage Fund, $2 shall be deposited into the State's Attorneys
Records Automation Fund, $2 shall be deposited into the Public
Defenders Records Automation Fund, $10 shall be deposited into
the Probation and Court Services Fund, and the remainder shall
be used for purposes related to the operation of the court
system.
(2) As the State's portion, $46 to the State Treasurer, who
shall deposit the money as follows:
(A) $10 into the State Police Operations Assistance
Fund;
(B) $5 into the State Police Merit Board Public Safety
Fund;
(C) $4 into the Drivers Education Fund;
(D) $20 into the Traffic and Criminal Conviction
Surcharge Fund;
(E) $4 into the Law Enforcement Camera Grant Fund; and
(F) $3 into the Violent Crime Victims Assistance Fund.
(3) As the arresting agency's portion, $12, to the
treasurer of the unit of local government of the arresting
agency, who shall deposit the money as follows:
(A) $2 into the E-citation Fund of that unit of local
government or as provided in subsection (c) of Section 10-5
of this Act if the arresting agency is a State agency,
unless more than one agency is responsible for the arrest
in which case the amount shall be remitted to each unit of
government equally.
(B) $10 into the General Fund of that unit of local
government or as provided in subsection (c) of Section 10-5
of this Act if the arresting agency is a State agency,
unless more than one agency is responsible for the arrest
in which case the amount shall be remitted to each unit of
government equally.
Section 15-52. SCHEDULE 10.5; truck weight and load
offenses.
SCHEDULE 10.5: For an offense under paragraph (1), (2), or (3)
of subsection (d) of Section 3-401 or Section 15-111 of the
Illinois Vehicle Code, the Clerk of the Circuit Court shall
collect $260 and remit as follows:
(1) As the county's portion, $168 to the county treasurer,
who shall deposit the money as follows:
(A) $20 into the Court Automation Fund;
(B) $20 into the Court Document Storage Fund;
(C) $5 into the Circuit Court Clerk Operation and
Administrative Fund;
(D) $8 into the Circuit Court Clerk Electronic Citation
Fund; and
(E) $115 into the county's General Fund.
(2) As the State's portion, $92 to the State Treasurer, who
shall deposit the money as follows:
(A) $31 into the State Police Merit Board Public Safety
Fund, regardless of the type of overweight citation or
arresting law enforcement agency;
(B) $31 into the Traffic and Criminal Conviction
Surcharge Fund; and
(C) $30 to the State Police Operations Assistance Fund.
Section 15-55. SCHEDULE 11; conservation offenses.
SCHEDULE 11: For a conservation offense, the Clerk of the
Circuit Court shall collect $195 and remit as follows:
(1) As the county's portion, $168, to the county treasurer,
who shall deposit the money as follows:
(A) $20 into the Court Automation Fund;
(B) $20 into the Court Document Storage Fund;
(C) $5 into the Circuit Court Clerk Operation and
Administrative Fund;
(D) $8 into the Circuit Court Clerk Electronic Citation
Fund; and
(E) $115 into the county's General Fund.
(2) As the State's portion, $25, to the State Treasurer,
who shall deposit the money into the Conservation Police
Operations Assistance Fund.
(3) As the arresting agency's portion, $2, to the treasurer
of the unit of local government of the arresting agency, who
shall deposit the money into the E-citation Fund of that unit
of local government or as provided in subsection (c) of Section
10-5 of this Act if the arresting agency is a State agency,
unless more than one agency is responsible for the arrest in
which case the amount shall be remitted to each unit of
government equally.
Section 15-60. SCHEDULE 12; dispositions under Supreme
Court Rule 529. SCHEDULE 12: For a disposition under Supreme
Court Rule 529, the Clerk of the Circuit Court shall collect
$164 and remit as follows:
(1) As the county's portion, $100, to the county treasurer,
who shall deposit the money as follows:
(A) $20 into the Court Automation Fund;
(B) $20 into the Court Document Storage Fund;
(C) $5 into the Circuit Court Clerk Operation and
Administrative Fund;
(D) $8 into the Circuit Court Clerk Electronic Citation
Fund; and
(E) $47 into the county's General Fund.
(2) As the State's portion, $14 to the State Treasurer, who
shall deposit the money as follows:
(A) $3 into the Drivers Education Fund;
(B) $2 into the State Police Merit Board Public Safety
Fund;
(C) $4 into the Traffic and Criminal Conviction
Surcharge Fund;
(D) $1 into the Law Enforcement Camera Grant Fund; and
(E) $4 into the Violent Crime Victims Assistance Fund.
(3) As the arresting agency's portion, $50 as follows,
unless more than one agency is responsible for the arrest in
which case the amount shall be remitted to each unit of
government equally:
(A) if the arresting agency is a local agency to the
treasurer of the unit of local government of the arresting
agency, who shall deposit the money as follows:
(i) $2 into the E-citation Fund of the unit of
local government; and
(ii) $48 into the General Fund of the unit of local
government; or
(B) as provided in subsection (c) of Section 10-5 of
this Act if the arresting agency is a State agency.
Section 15-65. SCHEDULE 13; non-traffic violations.
SCHEDULE 13: For a petty offense, business offense, or
non-traffic ordinance violation, the Clerk of the Circuit Court
shall collect $100 and remit as follows:
(1) As the county's portion, $75, to the county treasurer,
who shall deposit the money as follows:
(A) $20 into the Court Automation Fund;
(B) $20 into the Court Document Storage Fund;
(C) $5 into the Circuit Court Clerk Operation and
Administrative Fund;
(D) $8 into the Circuit Court Clerk Electronic Citation
Fund; and
(E) $22 into the county's General Fund.
(2) As the arresting agency's portion, $25 as follows,
unless more than one agency is responsible for the arrest in
which case the amount shall be remitted to each unit of
government equally:
(A) if the arresting agency is a local agency to the
treasurer of the unit of local government of the arresting
agency, who shall deposit the money as follows:
(i) $2 into the E-citation Fund of the unit of
local government; and
(ii) $23 into the General Fund of the unit of local
government; or
(B) as provided in subsection (c) of Section 10-5 of
this Act if the arresting agency is a State agency.
Section 15-70. Conditional Assessments.
In addition to payments under one of the Schedule of
Assessments 1 through 13 of this Act, the court shall also
order payment of any of the following conditional assessment
amounts for each sentenced violation in the case to which a
conditional assessment is applicable, which shall be collected
and remitted by the Clerk of the Circuit Court as provided in
this Section:
(1) arson, residential arson, or aggravated arson,
$500 per conviction to the State Treasurer for deposit into
the Fire Prevention Fund;
(2) child pornography under Section 11-20.1 of the
Criminal Code of 1961 or the Criminal Code of 2012, $500
per conviction, unless more than one agency is responsible
for the arrest in which case the amount shall be remitted
to each unit of government equally:
(A) if the arresting agency is an agency of a unit
of local government $500 to the treasurer of the unit
of local government for deposit into the unit of local
government's General Fund, except that if the
Department of State Police provides digital or
electronic forensic examination assistance, or both,
to the arresting agency then $100 to the State
Treasurer for deposit into the State Crime Laboratory
Fund; or
(B) if the arresting agency is the Department of
State Police remitted to the State Treasurer for
deposit into the State Crime Laboratory Fund;
(3) crime laboratory drug analysis for a drug-related
offense involving possession or delivery of cannabis or
possession or delivery of a controlled substance as defined
in the Cannabis Control Act, the Illinois Controlled
Substances Act, or the Methamphetamine Control and
Community Protection Act, $100 reimbursement for
laboratory analysis, as set forth in subsection (f) of
Section 5-9-1.4 of the Unified Code of Corrections;
(4) DNA analysis, $250 on each conviction in which it
was used to the State Treasurer for deposit into the State
Offender DNA Identification System Fund as set forth in
Section 5-4-3 of the Unified Code of Corrections;
(5) DUI analysis, $150 on each sentenced violation in
which it was used as set forth in subsection (f) of Section
5-9-1.9 of the Unified Code of Corrections;
(6) drug-related offense involving possession or
delivery of cannabis or possession or delivery of a
controlled substance, other than methamphetamine, as
defined in the Cannabis Control Act or the Illinois
Controlled Substances Act, an amount not less than the full
street value of the cannabis or controlled substance seized
for each conviction to be disbursed as follows:
(A)12.5% of the street value assessment shall be
paid into the Youth Drug Abuse Prevention Fund, to be
used by the Department of Human Services for the
funding of programs and services for drug-abuse
treatment, and prevention and education services;
(B)37.5% to the county in which the charge was
prosecuted, to be deposited into the county General
Fund;
(C)50% to the treasurer of the arresting law
enforcement agency of the municipality or county, or to
the State Treasurer if the arresting agency was a state
agency;
(D)if the arrest was made in combination with
multiple law enforcement agencies, the clerk shall
equitably allocate the portion in subparagraph (C) of
this paragraph (6) among the law enforcement agencies
involved in the arrest;
(6.5) Kane County or Will County, in felony,
misdemeanor, local or county ordinance, traffic, or
conservation cases, up to $30 as set by the county board
under Section 5-1101.3 of the Counties Code upon the entry
of a judgment of conviction, an order of supervision, or a
sentence of probation without entry of judgment under
Section 10 of the Cannabis Control Act, Section 410 of the
Illinois Controlled Substances Act, Section 70 of the
Methamphetamine Control and Community Protection Act,
Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
the Criminal Code of 1961 or the Criminal Code of 2012,
Section 10-102 of the Illinois Alcoholism and Other Drug
Dependency Act, or Section 10 of the Steroid Control Act;
except in local or county ordinance, traffic, and
conservation cases, if fines are paid in full without a
court appearance, then the assessment shall not be imposed
or collected. Distribution of assessments collected under
this paragraph (6.5) shall be as provided in Section
5-1101.3 of the Counties Code;
(7) methamphetamine-related offense involving
possession or delivery of methamphetamine or any salt of an
optical isomer of methamphetamine or possession of a
methamphetamine manufacturing material as set forth in
Section 10 of the Methamphetamine Control and Community
Protection Act with the intent to manufacture a substance
containing methamphetamine or salt of an optical isomer of
methamphetamine, an amount not less than the full street
value of the methamphetamine or salt of an optical isomer
of methamphetamine or methamphetamine manufacturing
materials seized for each conviction to be disbursed as
follows:
(A)12.5% of the street value assessment shall be
paid into the Youth Drug Abuse Prevention Fund, to be
used by the Department of Human Services for the
funding of programs and services for drug-abuse
treatment, and prevention and education services;
(B)37.5% to the county in which the charge was
prosecuted, to be deposited into the county General
Fund;
(C)50% to the treasurer of the arresting law
enforcement agency of the municipality or county, or to
the State Treasurer if the arresting agency was a state
agency;
(D)if the arrest was made in combination with
multiple law enforcement agencies, the clerk shall
equitably allocate the portion in subparagraph (C) of
this paragraph (6) among the law enforcement agencies
involved in the arrest;
(8) order of protection violation under Section 12-3.4
of the Criminal Code of 2012, $200 for each conviction to
the county treasurer for deposit into the Probation and
Court Services Fund for implementation of a domestic
violence surveillance program and any other assessments or
fees imposed under Section 5-9-1.16 of the Unified Code of
Corrections;
(9) order of protection violation, $25 for each
violation to the State Treasurer, for deposit into the
Domestic Violence Abuser Services Fund;
(10) prosecution by the State's Attorney of a:
(A) petty or business offense, $4 to the county
treasurer of which $2 deposited into the State's
Attorney Records Automation Fund and $2 into the Public
Defender Records Automation Fund;
(B) conservation or traffic offense, $2 to the
county treasurer for deposit into the State's Attorney
Records Automation Fund;
(11) speeding in a construction zone violation, $250 to
the State Treasurer for deposit into the Transportation
Safety Highway Hire-back Fund, unless (i) the violation
occurred on a highway other than an interstate highway and
(ii) a county police officer wrote the ticket for the
violation, in which case to the county treasurer for
deposit into that county's Transportation Safety Highway
Hire-back Fund;
(12) supervision disposition on an offense under the
Illinois Vehicle Code or similar provision of a local
ordinance, 50 cents, unless waived by the court, into the
Prisoner Review Board Vehicle and Equipment Fund;
(13) victim and offender are family or household
members as defined in Section 103 of the Illinois Domestic
Violence Act of 1986 and offender pleads guilty or no
contest to or is convicted of murder, voluntary
manslaughter, involuntary manslaughter, burglary,
residential burglary, criminal trespass to residence,
criminal trespass to vehicle, criminal trespass to land,
criminal damage to property, telephone harassment,
kidnapping, aggravated kidnaping, unlawful restraint,
forcible detention, child abduction, indecent solicitation
of a child, sexual relations between siblings,
exploitation of a child, child pornography, assault,
aggravated assault, battery, aggravated battery, heinous
battery, aggravated battery of a child, domestic battery,
reckless conduct, intimidation, criminal sexual assault,
predatory criminal sexual assault of a child, aggravated
criminal sexual assault, criminal sexual abuse, aggravated
criminal sexual abuse, violation of an order of protection,
disorderly conduct, endangering the life or health of a
child, child abandonment, contributing to dependency or
neglect of child, or cruelty to children and others, $200
for each sentenced violation to the State Treasurer for
deposit as follows: (i) for sexual assault, as defined in
Section 5-9-1.7 of the Unified Code of Corrections, when
the offender and victim are family members, one-half to the
Domestic Violence Shelter and Service Fund, and one-half to
the Sexual Assault Services Fund; (ii) for the remaining
offenses to the Domestic Violence Shelter and Service Fund;
(14) violation of Section 11-501 of the Illinois
Vehicle Code, Section 5-7 of the Snowmobile Registration
and Safety Act, Section 5-16 of the Boat Registration and
Safety Act, or a similar provision, whose operation of a
motor vehicle, snowmobile, or watercraft while in
violation of Section 11-501, Section 5-7 of the Snowmobile
Registration and Safety Act, Section 5-16 of the Boat
Registration and Safety Act, or a similar provision
proximately caused an incident resulting in an appropriate
emergency response, $1,000 maximum to the public agency
that provided an emergency response related to the person's
violation, and if more than one agency responded, the
amount payable to public agencies shall be shared equally;
(15) violation of Section 401, 407, or 407.2 of the
Illinois Controlled Substances Act that proximately caused
any incident resulting in an appropriate drug-related
emergency response, $1,000 as reimbursement for the
emergency response to the law enforcement agency that made
the arrest, and if more than one agency is responsible for
the arrest, the amount payable to law enforcement agencies
shall be shared equally;
(16) violation of reckless driving, aggravated
reckless driving, or driving 26 miles per hour or more in
excess of the speed limit that triggered an emergency
response, $1,000 maximum reimbursement for the emergency
response to be distributed in its entirety to a public
agency that provided an emergency response related to the
person's violation, and if more than one agency responded,
the amount payable to public agencies shall be shared
equally;
(17) violation based upon each plea of guilty,
stipulation of facts, or finding of guilt resulting in a
judgment of conviction or order of supervision for an
offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of
the Criminal Code of 2012 that results in the imposition of
a fine, to be distributed as follows:
(A) $50 to the county treasurer for deposit into
the Circuit Court Clerk Operation and Administrative
Fund to cover the costs in administering this paragraph
(17);
(B) $300 to the State Treasurer who shall deposit
the portion as follows:
(i) if the arresting or investigating agency
is the Department of State Police, into the State
Police Operations Assistance Fund;
(ii) if the arresting or investigating agency
is the Department of Natural Resources, into the
Conservation Police Operations Assistance Fund;
(iii) if the arresting or investigating agency
is the Secretary of State, into the Secretary of
State Police Services Fund;
(iv) if the arresting or investigating agency
is the Illinois Commerce Commission, into the
Public Utility Fund; or
(v) if more than one of the State agencies in
this subparagraph (B) is the arresting or
investigating agency, then equal shares with the
shares deposited as provided in the applicable
items (i) through (iv) of this subparagraph (B);
and
(C) the remainder for deposit into the Specialized
Services for Survivors of Human Trafficking Fund; and
(18) weapons violation under Section 24-1.1, 24-1.2,
or 24-1.5 of the Criminal Code of 1961 or the Criminal Code
of 2012, $100 for each conviction to the State Treasurer
for deposit into the Trauma Center Fund.
Article 20. Repeal
Section 20-5. Repeal. This Act is repealed on January 1,
2021.
Article 900. Amendatory Provisions effective July 1, 2018
Section 900-5. The Unified Code of Corrections is amended
by changing Sections 5-9-1.1 and 5-9-1.1-5 as follows:
(730 ILCS 5/5-9-1.1) (from Ch. 38, par. 1005-9-1.1)
(Text of Section from P.A. 94-550, 96-132, 96-402, 96-1234,
97-545, 98-537, and 99-480)
Sec. 5-9-1.1. Drug related offenses.
(a) When a person has been adjudged guilty of a drug
related offense involving possession or delivery of cannabis or
possession or delivery of a controlled substance, other than
methamphetamine, as defined in the Cannabis Control Act, as
amended, or the Illinois Controlled Substances Act, as amended,
in addition to any other penalty imposed, a fine shall be
levied by the court at not less than the full street value of
the cannabis or controlled substances seized.
"Street value" shall be determined by the court on the
basis of testimony of law enforcement personnel and the
defendant as to the amount seized and such testimony as may be
required by the court as to the current street value of the
cannabis or controlled substance seized.
(b) In addition to any penalty imposed under subsection (a)
of this Section, a fine of $100 shall be levied by the court,
the proceeds of which shall be collected by the Circuit Clerk
and remitted to the State Treasurer under Section 27.6 of the
Clerks of Courts Act for deposit into the Trauma Center Fund
for distribution as provided under Section 3.225 of the
Emergency Medical Services (EMS) Systems Act.
(c) In addition to any penalty imposed under subsection (a)
of this Section, a fee of $5 shall be assessed by the court,
the proceeds of which shall be collected by the Circuit Clerk
and remitted to the State Treasurer under Section 27.6 of the
Clerks of Courts Act 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.
(d) Blank). In addition to any penalty imposed under
subsection (a) of this Section for a drug related offense
involving possession or delivery of cannabis or possession or
delivery of a controlled substance as defined in the Cannabis
Control Act, the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection Act, a fee of
$50 shall be assessed by the court, the proceeds of which shall
be collected by the Circuit Clerk and remitted to the State
Treasurer under Section 27.6 of the Clerks of Courts Act for
deposit into the Performance-enhancing Substance Testing Fund.
This additional fee of $50 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. The provisions of
this subsection (d), other than this sentence, are inoperative
after June 30, 2011.
(e) In addition to any penalty imposed under subsection (a)
of this Section, a $25 assessment shall be assessed by the
court, the proceeds of which shall be collected by the Circuit
Clerk and remitted to the State Treasurer for deposit into the
Criminal Justice Information Projects Fund. The moneys
deposited into the Criminal Justice Information Projects Fund
under this Section shall be appropriated to and administered by
the Illinois Criminal Justice Information Authority for
distribution to fund Department of State Police funding of drug
task forces and Metropolitan Enforcement Groups by dividing the
funds equally by the total number of Department of State Police
drug task forces and Illinois Metropolitan Enforcement Groups.
(f) In addition to any penalty imposed under subsection (a)
of this Section, a $40 assessment shall be assessed by the
court, the proceeds of which shall be collected by the Circuit
Clerk. Of the collected proceeds, (i) 90% shall be remitted to
the State Treasurer for deposit into the Prescription Pill and
Drug Disposal Fund; (ii) 5% shall be remitted for deposit into
the Criminal Justice Information Projects Fund, for use by the
Illinois Criminal Justice Information Authority for the costs
associated with making grants from the Prescription Pill and
Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%
for deposit into the Circuit Court Clerk Operation and
Administrative Fund for the costs associated with
administering this subsection.
(Source: P.A. 98-537, eff. 8-23-13; 99-480, eff. 9-9-15.)
(Text of Section from P.A. 94-556, 96-132, 96-402, 96-1234,
97-545, 98-537, and 99-480)
Sec. 5-9-1.1. Drug related offenses.
(a) When a person has been adjudged guilty of a drug
related offense involving possession or delivery of cannabis or
possession or delivery of a controlled substance as defined in
the Cannabis Control Act, the Illinois Controlled Substances
Act, or the Methamphetamine Control and Community Protection
Act, in addition to any other penalty imposed, a fine shall be
levied by the court at not less than the full street value of
the cannabis or controlled substances seized.
"Street value" shall be determined by the court on the
basis of testimony of law enforcement personnel and the
defendant as to the amount seized and such testimony as may be
required by the court as to the current street value of the
cannabis or controlled substance seized.
(b) In addition to any penalty imposed under subsection (a)
of this Section, a fine of $100 shall be levied by the court,
the proceeds of which shall be collected by the Circuit Clerk
and remitted to the State Treasurer under Section 27.6 of the
Clerks of Courts Act for deposit into the Trauma Center Fund
for distribution as provided under Section 3.225 of the
Emergency Medical Services (EMS) Systems Act.
(c) In addition to any penalty imposed under subsection (a)
of this Section, a fee of $5 shall be assessed by the court,
the proceeds of which shall be collected by the Circuit Clerk
and remitted to the State Treasurer under Section 27.6 of the
Clerks of Courts Act 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.
(d) (Blank). In addition to any penalty imposed under
subsection (a) of this Section for a drug related offense
involving possession or delivery of cannabis or possession or
delivery of a controlled substance as defined in the Cannabis
Control Act, the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection Act, a fee of
$50 shall be assessed by the court, the proceeds of which shall
be collected by the Circuit Clerk and remitted to the State
Treasurer under Section 27.6 of the Clerks of Courts Act for
deposit into the Performance-enhancing Substance Testing Fund.
This additional fee of $50 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. The provisions of
this subsection (d), other than this sentence, are inoperative
after June 30, 2011.
(e) In addition to any penalty imposed under subsection (a)
of this Section, a $25 assessment shall be assessed by the
court, the proceeds of which shall be collected by the Circuit
Clerk and remitted to the State Treasurer for deposit into the
Criminal Justice Information Projects Fund. The moneys
deposited into the Criminal Justice Information Projects Fund
under this Section shall be appropriated to and administered by
the Illinois Criminal Justice Information Authority for
distribution to fund Department of State Police funding of drug
task forces and Metropolitan Enforcement Groups by dividing the
funds equally by the total number of Department of State Police
drug task forces and Illinois Metropolitan Enforcement Groups.
(f) In addition to any penalty imposed under subsection (a)
of this Section, a $40 assessment shall be assessed by the
court, the proceeds of which shall be collected by the Circuit
Clerk. Of the collected proceeds, (i) 90% shall be remitted to
the State Treasurer for deposit into the Prescription Pill and
Drug Disposal Fund; (ii) 5% shall be remitted for deposit into
the Criminal Justice Information Projects Fund, for use by the
Illinois Criminal Justice Information Authority for the costs
associated with making grants from the Prescription Pill and
Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%
for deposit into the Circuit Court Clerk Operation and
Administrative Fund for the costs associated with
administering this subsection.
(Source: P.A. 98-537, eff. 8-23-13; 99-480, eff. 9-9-15.)
(730 ILCS 5/5-9-1.1-5)
Sec. 5-9-1.1-5. Methamphetamine related offenses.
(a) When a person has been adjudged guilty of a
methamphetamine related offense involving possession or
delivery of methamphetamine or any salt of an optical isomer of
methamphetamine or possession of a methamphetamine
manufacturing material as set forth in Section 10 of the
Methamphetamine Control and Community Protection Act with the
intent to manufacture a substance containing methamphetamine
or salt of an optical isomer of methamphetamine, in addition to
any other penalty imposed, a fine shall be levied by the court
at not less than the full street value of the methamphetamine
or salt of an optical isomer of methamphetamine or
methamphetamine manufacturing materials seized.
"Street value" shall be determined by the court on the
basis of testimony of law enforcement personnel and the
defendant as to the amount seized and such testimony as may be
required by the court as to the current street value of the
methamphetamine or salt of an optical isomer of methamphetamine
or methamphetamine manufacturing materials seized.
(b) In addition to any penalty imposed under subsection (a)
of this Section, a fine of $100 shall be levied by the court,
the proceeds of which shall be collected by the Circuit Clerk
and remitted to the State Treasurer under Section 27.6 of the
Clerks of Courts Act for deposit into the Methamphetamine Law
Enforcement Fund and allocated as provided in subsection (d) of
Section 5-9-1.2.
(c) In addition to any penalty imposed under subsection (a)
of this Section, a $25 assessment shall be assessed by the
court, the proceeds of which shall be collected by the Circuit
Clerk and remitted to the State Treasurer for deposit into the
Criminal Justice Information Projects Fund. The moneys
deposited into the Criminal Justice Information Projects Fund
under this Section shall be appropriated to and administered by
the Illinois Criminal Justice Information Authority for
distribution to fund the Department of State Police funding of
drug task forces and Metropolitan Enforcement Groups by
dividing the funds equally by the total number of Department of
State Police drug task forces and Metropolitan Enforcement
Groups.
(d) In addition to any penalty imposed under subsection (a)
of this Section, a $40 assessment shall be assessed by the
court, the proceeds of which shall be collected by the Circuit
Clerk. Of the collected proceeds, (i) 90% shall be remitted to
the State Treasurer for deposit into the Prescription Pill and
Drug Disposal Fund; (ii) 5% shall be remitted for deposit into
the Criminal Justice Information Projects Fund, for use by the
Illinois Criminal Justice Information Authority for the costs
associated with making grants from the Prescription Pill and
Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%
for deposit into the Circuit Court Clerk Operation and
Administrative Fund for the costs associated with
administering this subsection.
(Source: P.A. 98-537, eff. 8-23-13; 99-480, eff. 9-9-15.)
Article 905. Amendatory Provisions effective July 1, 2019
Section 905-5. The Domestic Violence Shelters Act is
amended by changing Section 3.2 as follows:
(20 ILCS 1310/3.2) (from Ch. 40, par. 2403.2)
Sec. 3.2. All funds collected pursuant to P.A. 82-645,
which are held in escrow for refund and for which a refund is
not approved by September 1, 1988, shall be forwarded to the
State Treasurer for deposit into the Domestic Violence Shelter
and Service Fund. The Domestic Violence Shelter and Service
Fund shall also include assessments fines received by the State
Treasurer from circuit clerks under the Criminal and Traffic
Assessment Act in accordance with Section 5-9-1.5 of the
Unified Code of Corrections. Monies deposited in the Fund
pursuant to this Section and the income tax check-off for the
Domestic Violence Shelter and Service Fund authorized by
Section 507F of the Illinois Income Tax Act shall be
appropriated to the Department of Human Services for the
purpose of providing services specified by this Act; however,
the Department may waive the matching funds requirement of this
Act with respect to such monies. Any such waiver shall be
uniform throughout the State. This amendatory Act of 1987
applies to all funds collected pursuant to PA 82-645, held in
escrow and for which no refund is approved by September 1,
1988, whether those funds are administered by the State, a
county, a court, or any other unit or agency of government.
(Source: P.A. 89-507, eff. 7-1-97.)
Section 905-10. The Burn Victims Relief Act is amended by
changing Section 10 as follows:
(20 ILCS 1410/10)
Sec. 10. Payments to the George Bailey Memorial Fund. The
George Bailey Memorial Fund is created as a special fund in the
State treasury. The George Bailey Memorial Fund shall be funded
pursuant to subsection (p) of Section 27.6 of the Clerks of
Courts Act and Section 16-104d of the Illinois Vehicle Code.
Funds received under Section 16-104d of the Illinois Vehicle
Code shall be repaid in full to the Fire Truck Revolving Loan
Fund, without the deduction of the 20% administrative fee
authorized in subsection (b) of Section 5, upon receipt by the
George Bailey Memorial Fund from the person or his or her
estate, trust, or heirs of any moneys from a settlement for the
injury that is the proximate cause of the person's disability
under this Act or moneys received from Social Security
disability benefits. Moneys in the George Bailey Memorial Fund
may only be used for the purposes set forth in this Act.
(Source: P.A. 99-455, eff. 1-1-16.)
Section 905-15. The State Police Act is amended by changing
Section 7.2 as follows:
(20 ILCS 2610/7.2)
Sec. 7.2. State Police Merit Board Public Safety Fund.
(a) A special fund in the State treasury is hereby created
which shall be known as the State Police Merit Board Public
Safety Fund. The Fund shall be used by the State Police Merit
Board to provide a cadet program for State Police personnel and
to meet all costs associated with the functions of the State
Police Merit Board. Notwithstanding any other law to the
contrary, the State Police Merit Board Public Safety Fund is
not subject to sweeps, administrative charge-backs, or any
other fiscal or budgetary maneuver that would in any way
transfer any amounts from the State Police Merit Board Public
Safety Fund into any other fund of the State.
(b) The Fund may receive State appropriations, gifts,
grants, and federal funds and shall include earnings from the
investment of moneys in the Fund.
(c) The administration of this Fund shall be the
responsibility of the State Police Merit Board. The Board shall
establish terms and conditions for the operation of the Fund.
The Board shall establish and implement fiscal controls and
accounting periods for programs operated using the Fund. All
fees or moneys received by the State Treasurer under the
Criminal and Traffic Assessment Act subsection (n) of Section
27.6 of the Clerks of Courts Act shall be deposited into the
Fund. The moneys deposited in the State Police Merit Board
Public Safety Fund shall be appropriated to the State Police
Merit Board for expenses of the Board for the administration
and conduct of all its programs for State Police personnel.
(Source: P.A. 97-1051, eff. 1-1-13.)
Section 905-20. The Illinois Criminal Justice Information
Act is amended by changing Section 9.1 as follows:
(20 ILCS 3930/9.1)
Sec. 9.1. Criminal Justice Information Projects Fund. The
Criminal Justice Information Projects Fund is hereby created as
a special fund in the State Treasury. Grants and other moneys
obtained by the Authority from governmental entities (other
than the federal government), private sources, and
not-for-profit organizations for use in investigating criminal
justice issues or undertaking other criminal justice
information projects shall be deposited into the Fund. Moneys
in the Fund may be used by the Authority, subject to
appropriation, for undertaking such projects and for the
operating and other expenses of the Authority incidental to
those projects, and for the costs associated with making grants
from the Prescription Pill and Drug Disposal Fund. The moneys
deposited into the Criminal Justice Information Projects Fund
under Sections 15-15 and 15-35 of the Criminal and Traffic
Assessment Act shall be appropriated to and administered by the
Illinois Criminal Justice Information Authority for
distribution to fund Department of State Police drug task
forces and Metropolitan Enforcement Groups by dividing the
funds equally by the total number of Department of State Police
drug task forces and Illinois Metropolitan Enforcement Groups.
(Source: P.A. 88-538.)
Section 905-25. The State Finance Act is amended by
changing Sections 6b-4, 6z-82, 6z-87, 8p, and 8q and by adding
Sections 5.886 and 6z-105 as follows:
(30 ILCS 105/5.886 new)
Sec. 5.886. The State Police Law Enforcement
Administration Fund.
(30 ILCS 105/6b-4) (from Ch. 127, par. 142b4)
Sec. 6b-4. On the second Monday of every month, the
Director of Public Health shall certify to the State
Comptroller and the State Treasurer the amount generated by the
issuance of commemorative birth certificates under subsection
(14) of Section 25 of the Vital Records Act in excess of the
costs incurred in issuing the documents. Within 15 days of
receipt of the certification required by this Section, the
State Comptroller and the State Treasurer shall transfer from
the General Revenue Fund, one-half of the amount certified as
being received from the issuance of commemorative birth
certificates to the Child Abuse Prevention Fund and one-half of
the amount to the Domestic Violence Shelter and Service Fund.
The State Treasurer shall deposit into the Domestic
Violence Shelter and Service Fund each assessment received
under the Criminal and Traffic Assessment Act fine received
from circuit clerks under Section 5-9-1.5 of the Unified Code
of Corrections.
The State Treasurer shall deposit into the Sexual Assault
Services Fund and the Domestic Violence Shelter and Service
Fund each of those fines received from circuit clerks under
Section 5-9-1.7 of the Unified Code of Corrections in
accordance with the provisions of that Section.
(Source: P.A. 87-791; 87-1072.)
(30 ILCS 105/6z-82)
Sec. 6z-82. State Police Operations Assistance Fund.
(a) There is created in the State treasury a special fund
known as the State Police Operations Assistance Fund. The Fund
shall receive revenue under the Criminal and Traffic Assessment
Act pursuant to Section 27.3a of the Clerks of Courts Act. The
Fund may also receive revenue from grants, donations,
appropriations, and any other legal source.
(b) The Department of State Police may use moneys in the
Fund to finance any of its lawful purposes or functions.
(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 State Police Operations Assistance Fund shall not
be subject to administrative chargebacks.
(f) Notwithstanding any other provision of State law to the
contrary, on or after July 1, 2012, and until June 30, 2013, in
addition to any other transfers that may be provided for by
law, at the direction of and upon notification from the
Director of State Police, the State Comptroller shall direct
and the State Treasurer shall transfer amounts into the State
Police Operations Assistance Fund from the designated funds not
exceeding the following totals:
State Police Vehicle Fund.....................$2,250,000
State Police Wireless Service
Emergency Fund............................$2,500,000
State Police Services Fund....................$3,500,000
(Source: P.A. 96-1029, eff. 7-13-10; 97-333, eff. 8-12-11;
97-732, eff. 6-30-12.)
(30 ILCS 105/6z-87)
Sec. 6z-87. Conservation Police Operations Assistance
Fund.
(a) There is created in the State treasury a special fund
known as the Conservation Police Operations Assistance Fund.
The Fund shall receive revenue under the Criminal and Traffic
Assessment Act pursuant to Section 27.3a of the Clerks of
Courts Act. The Fund may also receive revenue from grants,
donations, appropriations, and any other legal source.
(b) The Department of Natural Resources may use moneys in
the Fund to support any lawful operations of the Illinois
Conservation Police.
(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 Conservation Police Operations Assistance Fund
shall not be subject to administrative chargebacks.
(Source: P.A. 97-46, eff. 7-1-12; 97-813, eff. 7-13-12.)
(30 ILCS 105/6z-105 new)
Sec. 6z-105. State Police Law Enforcement Administration
Fund.
(a) There is created in the State treasury a special fund
known as the State Police Law Enforcement Administration Fund.
The Fund shall receive revenue under subsection (c) of Section
10-5 of the Criminal and Traffic Assessment Act. The Fund may
also receive revenue from grants, donations, appropriations,
and any other legal source.
(b) The Department of State Police may use moneys in the
Fund to finance any of its lawful purposes or functions;
however, the primary purpose shall be to finance State Police
cadet classes in May and October of each year.
(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 State Police Law Enforcement Administration Fund
shall not be subject to administrative chargebacks.
(30 ILCS 105/8p)
Sec. 8p. State Police Streetgang-Related Crime Fund.
(a) The State Police Streetgang-Related Crime Fund is
created as a special fund in the State treasury.
(b) All moneys collected and payable to the Department of
State Police from the State Police Streetgang-Related Crime
Fund under Section 5-9-1.19 of the Unified Code of Corrections
shall be deposited into the State Police Streetgang-Related
Crime Fund and shall be appropriated to and administered by the
Department of State Police for operations and initiatives to
combat and prevent streetgang-related crime.
(c) The State Police Streetgang-Related Crime Fund shall
not be subject to administrative chargebacks.
(Source: P.A. 96-1029, eff. 7-13-10.)
(30 ILCS 105/8q)
Sec. 8q. Illinois Department of Corrections Parole
Division Offender Supervision Fund.
(a) The Illinois Department of Corrections Parole Division
Offender Supervision Fund is created as a special fund in the
State treasury.
(b) All moneys collected and payable to the Department of
Corrections and under Section 5-9-1.20 of the Unified Code of
Corrections shall be deposited into the Illinois Department of
Corrections Parole Division Offender Supervision Fund and
shall be appropriated to and administered by the Department of
Corrections for operations and initiatives to combat and
supervise paroled offenders in the community.
(c) The Illinois Department of Corrections Parole Division
Offender Supervision Fund shall not be subject to
administrative chargebacks.
(Source: P.A. 97-262, eff. 8-5-11.)
Section 905-30. The State Property Control Act is amended
by changing Section 7c as follows:
(30 ILCS 605/7c)
Sec. 7c. Acquisition of State Police vehicles. The State
Police Vehicle Fund is created as a special fund in the State
treasury. The Fund shall consist of fees received pursuant to
Section 16-104c of the Illinois Vehicle Code. All moneys in the
Fund, subject to appropriation, shall be used by the Department
of State Police:
(1) for the acquisition of vehicles for that
Department; or
(2) for debt service on bonds issued to finance the
acquisition of vehicles for that Department.
(Source: P.A. 94-839, eff. 6-6-06.)
Section 905-35. Illinois Police Training Act is amended by
changing Section 9 as follows:
(50 ILCS 705/9) (from Ch. 85, par. 509)
Sec. 9. A special fund is hereby established in the State
Treasury to be known as the Traffic and Criminal Conviction
Surcharge Fund and shall be financed as provided in Section 9.1
of this Act and Section 5-9-1 of the Unified Code of
Corrections, unless the fines, costs, or additional amounts
imposed are subject to disbursement by the circuit clerk under
Section 27.5 of the Clerks of Courts Act. Moneys in this Fund
shall be expended as follows:
(1) a portion of the total amount deposited in the Fund
may be used, as appropriated by the General Assembly, for
the ordinary and contingent expenses of the Illinois Law
Enforcement Training Standards Board;
(2) a portion of the total amount deposited in the Fund
shall be appropriated for the reimbursement of local
governmental agencies participating in training programs
certified by the Board, in an amount equaling 1/2 of the
total sum paid by such agencies during the State's previous
fiscal year for mandated training for probationary police
officers or probationary county corrections officers and
for optional advanced and specialized law enforcement or
county corrections training; these reimbursements may
include the costs for tuition at training schools, the
salaries of trainees while in schools, and the necessary
travel and room and board expenses for each trainee; if the
appropriations under this paragraph (2) are not sufficient
to fully reimburse the participating local governmental
agencies, the available funds shall be apportioned among
such agencies, with priority first given to repayment of
the costs of mandatory training given to law enforcement
officer or county corrections officer recruits, then to
repayment of costs of advanced or specialized training for
permanent police officers or permanent county corrections
officers;
(3) a portion of the total amount deposited in the Fund
may be used to fund the Intergovernmental Law Enforcement
Officer's In-Service Training Act, veto overridden October
29, 1981, as now or hereafter amended, at a rate and method
to be determined by the board;
(4) a portion of the Fund also may be used by the
Illinois Department of State Police for expenses incurred
in the training of employees from any State, county or
municipal agency whose function includes enforcement of
criminal or traffic law;
(5) a portion of the Fund may be used by the Board to
fund grant-in-aid programs and services for the training of
employees from any county or municipal agency whose
functions include corrections or the enforcement of
criminal or traffic law;
(6) for fiscal years 2013 through 2017 only, a portion
of the Fund also may be used by the Department of State
Police to finance any of its lawful purposes or functions;
and
(7) a portion of the Fund may be used by the Board,
subject to appropriation, to administer grants to local law
enforcement agencies for the purpose of purchasing
bulletproof vests under the Law Enforcement Officer
Bulletproof Vest Act.
All payments from the Traffic and Criminal Conviction
Surcharge Fund shall be made each year from moneys appropriated
for the purposes specified in this Section. No more than 50% of
any appropriation under this Act shall be spent in any city
having a population of more than 500,000. The State Comptroller
and the State Treasurer shall from time to time, at the
direction of the Governor, transfer from the Traffic and
Criminal Conviction Surcharge Fund to the General Revenue Fund
in the State Treasury such amounts as the Governor determines
are in excess of the amounts required to meet the obligations
of the Traffic and Criminal Conviction Surcharge Fund.
(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14;
98-743, eff. 1-1-15; 99-78, eff. 7-20-15; 99-523, eff.
6-30-16.)
(50 ILCS 705/9.1 rep.)
Section 905-37. Illinois Police Training Act is amended by
repealing Section 9.1.
Section 905-40. The Counties Code is amended by changing
Sections 3-6023, 4-2004, 4-2005, and 4-2006 as follows:
(55 ILCS 5/3-6023) (from Ch. 34, par. 3-6023)
Sec. 3-6023. Attendance at courts. Each sheriff shall, in
person or by deputy, county corrections officer, or court
security officer, attend upon all courts held in his or her
county when in session, and obey the lawful orders and
directions of the court, and shall maintain the security of the
courthouse. Court services customarily performed by sheriffs
shall be provided by the sheriff or his or her deputies, county
corrections officers, or court security officers, rather than
by employees of the court, unless there are no deputies, county
corrections officers, or court security officers available to
perform such services. The expenses of the sheriff in carrying
out his or her duties under this Section, including the
compensation of deputies, county corrections officers, or
court security officers assigned to such services, shall be
paid to the county from fees collected pursuant to court order
for services of the sheriff and from any court services fees
collected by the county under the Criminal and Traffic
Assessment Act pursuant to Section 5-1103, as now or hereafter
amended.
(Source: P.A. 89-685, eff. 6-1-97; 89-707, eff. 6-1-97.)
(55 ILCS 5/4-2004) (from Ch. 34, par. 4-2004)
Sec. 4-2004. Collection and disposition of fines and
forfeitures. It shall be the duty of State's attorneys to
attend to the collection of all fines and forfeitures in
criminal cases, and they shall, without delay, pay over all
fines and forfeitures collected by them to the county treasurer
to be deposited into the general corporate fund of the county,
except as otherwise specifically provided by law and except for
such portion as is required by Section 9.1 of "The Illinois
Police Training Act" and Section 5-9-1 of the "Unified Code of
Corrections" to be paid into The Traffic and Criminal
Conviction Surcharge Fund in the State Treasury, unless the
fines and forfeitures are subject to disbursement by the
circuit clerk under Section 27.5 of the Clerks of Courts Act.
(Source: P.A. 86-962; 87-670.)
(55 ILCS 5/4-2005) (from Ch. 34, par. 4-2005)
Sec. 4-2005. Payment of salaries; disposition of fees. The
salaries of the State's attorneys, excepting that part which is
to be paid out of the State treasury as now provided for by
law, and the salaries of all Assistant State's attorneys shall
be paid out of the general corporate fund of the county
treasury of the county in which the State's attorney resides,
on the order of the county board by the treasurer of the
county: The fees which are now, or may hereafter, be provided
by law to be paid by the defendant or defendants, as State's
attorney's fees, shall be taxed as costs and all fees, fines,
forfeitures and penalties shall be collected by the State's
attorney, except as otherwise specifically provided by law for
those amounts required by Section 9.1 of the "Illinois Police
Training Act" and Section 5-9-1 of the "Unified Code of
Corrections" to be paid into The Traffic and Criminal
Conviction Surcharge Fund and those amounts subject to
disbursement by the circuit clerk under Section 27.5 of the
Clerks of Courts Act, and shall be paid by him directly into
the county treasury to be deposited into the general corporate
fund of the county. The county treasurer shall receipt
therefor.
(Source: P.A. 86-962; 87-670.)
(55 ILCS 5/4-2006) (from Ch. 34, par. 4-2006)
Sec. 4-2006. Report of fees.
(a) It is hereby made the duty of all State's attorneys to
report to the circuit court at such times as the court shall
determine by rule, the payment and collection of all fees,
fines, forfeitures and penalties and to satisfy the court by
voucher or otherwise, that all fees, fines, forfeitures and
penalties by them collected, except as otherwise specifically
provided by law for those amounts required by Section 9.1 of
the Illinois Police Training Act and Section 5-9-1 of the
Unified Code of Corrections to be paid into the Traffic and
Criminal Conviction Surcharge Fund, have been duly paid over to
the county treasurer, as required by Section 4-2005, and the
State's attorney shall have no further interest in conviction
fees, fines, forfeitures and penalties or moneys collected by
virtue of such office. The court shall note the filing of the
report and fix a day certain not less than 30 days thereafter,
when objections in writing may be filed to such report by any
one or more taxpayers of the county, and when objections are
filed to such report a hearing may be had upon such report and
objections at such time and in such manner as the court may
direct and after such hearing the court may approve or
disapprove of such report as justice may require, and make all
proper orders in reference thereto, and if no objections have
been filed, the court shall inspect such report and require the
State's attorney to produce evidence in proof of his having
paid over as required by law all fines and forfeitures
collected by him; and if it appears to the court that any
State's attorney has failed or refused to turn over the fines
and forfeitures collected by him as required by law the court
shall at once suspend him and appoint a State's attorney pro
tempore to perform the duties of the office until such State's
attorney shall have complied with the provisions of this
Division or the orders of the court in regard thereto. The
court, for the purpose of carrying out the provisions of this
Section shall have the power to examine books and papers and to
issue subpoenas to compel the appearance of persons and the
production of books and records: Provided, however, no order
entered under this Section shall be a bar to any proper
proceedings against such State's attorney and his bondsman to
require him to account for moneys collected and not paid over
by him as required by law.
(b) Waiver of report of fees. The filing of the report of
fees as provided by subsection (a) of this Section may be
waived by written administrative order of the chief judge of
the circuit upon written request and affidavit of the State's
attorney of a county within the circuit that all fines, fees,
forfeitures, and restitution are collected by the clerk of the
circuit court and that none of those funds pass through the
office of the State's attorney.
(Source: P.A. 86-962; 87-1201.)
55 ILCS 5/3-4012 rep.
55 ILCS 5/4-2002 rep.
55 ILCS 5/4-2002.1 rep.
55 ILCS 5/5-1101 rep.
55 ILCS 5/5-1101.5 rep.
55 ILCS 5/5-1103 rep.
Section 905-43. The Counties Code is amended by repealing
Sections 3-4012, 4-2002, 4-2002.1, 5-1101, 5-1101.5, and
5-1103.
Section 905-45. The Illinois Vehicle Code is amended by
changing Sections 2-120, 11-501.01, 11-605, 11-605.1,
11-605.3, 11-1002.5, 15-113, and 16-105 as follows:
(625 ILCS 5/2-120) (from Ch. 95 1/2, par. 2-120)
Sec. 2-120. Disposition of fines and forfeitures.
(a) Fines Except as provided in subsection (f) of Section
11-605 and subsection (c) of Section 11-1002.5 of this Code,
fines and penalties recovered under the provisions of this Act
administered by the Secretary of State, except those fines,
assessments, and penalties subject to disbursement by the
circuit clerk under the Criminal and Traffic Assessment Act
Section 27.5 of the Clerks of Courts Act, shall be paid over
and used as follows:
1. For violations of this Act committed within the
limits of an incorporated city or village, to the treasurer
of the particular city or village, if arrested by the
authorities of the city or village and reasonably
prosecuted for all fines and penalties under this Act by
the police officers and officials of the city or village.
2. For violations of this Act committed outside the
limits of an incorporated city or village to the county
treasurer of the court where the offense was committed.
3. For the purposes of this Act an offense for
violation of any provision of this Act not committed upon
the highway shall be deemed to be committed where the
violator resides or where he has a place of business
requiring some registration, permit or license to operate
such business under this Act.
(b) Failure, refusal or neglect on the part of any judicial
or other officer or employee receiving or having custody of any
such fine or forfeiture either before or after a deposit with
the proper official as defined in paragraph (a) of this
Section, shall constitute misconduct in office and shall be
grounds for removal therefrom.
(Source: P.A. 95-302, eff. 1-1-08.)
(625 ILCS 5/11-501.01)
Sec. 11-501.01. Additional administrative sanctions.
(a) After a finding of guilt and prior to any final
sentencing or an order for supervision, for an offense based
upon an arrest for a violation of Section 11-501 or a similar
provision of a local ordinance, individuals shall be required
to undergo a professional evaluation to determine if an
alcohol, drug, or intoxicating compound abuse problem exists
and the extent of the problem, and undergo the imposition of
treatment as appropriate. Programs conducting these
evaluations shall be licensed by the Department of Human
Services. The cost of any professional evaluation shall be paid
for by the individual required to undergo the professional
evaluation.
(b) Any person who is found guilty of or pleads guilty to
violating Section 11-501, including any person receiving a
disposition of court supervision for violating that Section,
may be required by the Court to attend a victim impact panel
offered by, or under contract with, a county State's Attorney's
office, a probation and court services department, Mothers
Against Drunk Driving, or the Alliance Against Intoxicated
Motorists. All costs generated by the victim impact panel shall
be paid from fees collected from the offender or as may be
determined by the court.
(c) (Blank). Every person found guilty of violating Section
11-501, whose operation of a motor vehicle while in violation
of that Section proximately caused any incident resulting in an
appropriate emergency response, shall be liable for the expense
of an emergency response as provided in subsection (i) of this
Section.
(d) The Secretary of State shall revoke the driving
privileges of any person convicted under Section 11-501 or a
similar provision of a local ordinance.
(e) The Secretary of State shall require the use of
ignition interlock devices for a period not less than 5 years
on all vehicles owned by a person who has been convicted of a
second or subsequent offense of Section 11-501 or a similar
provision of a local ordinance. The person must pay to the
Secretary of State DUI Administration Fund an amount not to
exceed $30 for each month that he or she uses the device. The
Secretary shall establish by rule and regulation the procedures
for certification and use of the interlock system, the amount
of the fee, and the procedures, terms, and conditions relating
to these fees. During the time period in which a person is
required to install an ignition interlock device under this
subsection (e), that person shall only operate vehicles in
which ignition interlock devices have been installed, except as
allowed by subdivision (c)(5) or (d)(5) of Section 6-205 of
this Code.
(f) (Blank). In addition to any other penalties and
liabilities, a person who is found guilty of or pleads guilty
to violating Section 11-501, including any person placed on
court supervision for violating Section 11-501, shall be
assessed $750, payable to the circuit clerk, who shall
distribute the money as follows: $350 to the law enforcement
agency that made the arrest, and $400 shall be forwarded to the
State Treasurer for deposit into the General Revenue Fund. If
the person has been previously convicted of violating Section
11-501 or a similar provision of a local ordinance, the fine
shall be $1,000, and the circuit clerk shall distribute $200 to
the law enforcement agency that made the arrest and $800 to the
State Treasurer for deposit into the General Revenue Fund. 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 subsection (f) shall be used for enforcement and
prevention of driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds or any
combination thereof, as defined by Section 11-501 of this Code,
including but not limited to the purchase of law enforcement
equipment and commodities that will assist in the prevention of
alcohol related criminal violence throughout the State; police
officer training and education in areas related to alcohol
related crime, including but not limited to DUI training; and
police officer salaries, including but not limited to salaries
for hire back funding for safety checkpoints, saturation
patrols, and liquor store sting operations. Any moneys received
by the Department of State Police under this subsection (f)
shall be deposited into the State Police DUI Fund and shall be
used to purchase law enforcement equipment that will assist in
the prevention of alcohol related criminal violence throughout
the State.
(g) The Secretary of State Police DUI Fund is created as a
special fund in the State treasury. All moneys received by the
Secretary of State Police under subsection (f) of this Section
shall be deposited into the Secretary of State Police DUI Fund
and, subject to appropriation, shall be used for enforcement
and prevention of driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds or any
combination thereof, as defined by Section 11-501 of this Code,
including but not limited to the purchase of law enforcement
equipment and commodities to assist in the prevention of
alcohol related criminal violence throughout the State; police
officer training and education in areas related to alcohol
related crime, including but not limited to DUI training; and
police officer salaries, including but not limited to salaries
for hire back funding for safety checkpoints, saturation
patrols, and liquor store sting operations.
(h) Whenever an individual is sentenced for an offense
based upon an arrest for a violation of Section 11-501 or a
similar provision of a local ordinance, and the professional
evaluation recommends remedial or rehabilitative treatment or
education, neither the treatment nor the education shall be the
sole disposition and either or both may be imposed only in
conjunction with another disposition. The court shall monitor
compliance with any remedial education or treatment
recommendations contained in the professional evaluation.
Programs conducting alcohol or other drug evaluation or
remedial education must be licensed by the Department of Human
Services. If the individual is not a resident of Illinois,
however, the court may accept an alcohol or other drug
evaluation or remedial education program in the individual's
state of residence. Programs providing treatment must be
licensed under existing applicable alcoholism and drug
treatment licensure standards.
(i) (Blank). In addition to any other fine or penalty
required by law, an individual convicted of a violation of
Section 11-501, Section 5-7 of the Snowmobile Registration and
Safety Act, Section 5-16 of the Boat Registration and Safety
Act, or a similar provision, whose operation of a motor
vehicle, snowmobile, or watercraft while in violation of
Section 11-501, Section 5-7 of the Snowmobile Registration and
Safety Act, Section 5-16 of the Boat Registration and Safety
Act, or a similar provision proximately caused an incident
resulting in an appropriate emergency response, shall be
required to make restitution to a public agency for the costs
of that emergency response. The restitution may not exceed
$1,000 per public agency for each emergency response. As used
in this subsection (i), "emergency response" means any incident
requiring a response by a police officer, a firefighter carried
on the rolls of a regularly constituted fire department, or an
ambulance. With respect to funds designated for the Department
of State Police, the moneys shall be remitted by the circuit
court clerk to the State Police within one month after receipt
for deposit into the State Police DUI Fund. With respect to
funds designated for the Department of Natural Resources, the
Department of Natural Resources shall deposit the moneys into
the Conservation Police Operations Assistance Fund.
(j) A person that is subject to a chemical test or tests of
blood under subsection (a) of Section 11-501.1 or subdivision
(c)(2) of Section 11-501.2 of this Code, whether or not that
person consents to testing, shall be liable for the expense up
to $500 for blood withdrawal by a physician authorized to
practice medicine, a licensed physician assistant, a licensed
advanced practice registered nurse, a registered nurse, a
trained phlebotomist, a licensed paramedic, or a qualified
person other than a police officer approved by the Department
of State Police to withdraw blood, who responds, whether at a
law enforcement facility or a health care facility, to a police
department request for the drawing of blood based upon refusal
of the person to submit to a lawfully requested breath test or
probable cause exists to believe the test would disclose the
ingestion, consumption, or use of drugs or intoxicating
compounds if:
(1) the person is found guilty of violating Section
11-501 of this Code or a similar provision of a local
ordinance; or
(2) the person pleads guilty to or stipulates to facts
supporting a violation of Section 11-503 of this Code or a
similar provision of a local ordinance when the plea or
stipulation was the result of a plea agreement in which the
person was originally charged with violating Section
11-501 of this Code or a similar local ordinance.
(Source: P.A. 99-289, eff. 8-6-15; 99-296, eff. 1-1-16; 99-642,
eff. 7-28-16; 100-513, eff. 1-1-18.)
(625 ILCS 5/11-605) (from Ch. 95 1/2, par. 11-605)
Sec. 11-605. Special speed limit while passing schools.
(a) For the purpose of this Section, "school" means the
following entities:
(1) A public or private primary or secondary school.
(2) A primary or secondary school operated by a
religious institution.
(3) A public, private, or religious nursery school.
On a school day when school children are present and so
close thereto that a potential hazard exists because of the
close proximity of the motorized traffic, no person shall drive
a motor vehicle at a speed in excess of 20 miles per hour while
passing a school zone or while traveling on a roadway on public
school property or upon any public thoroughfare where children
pass going to and from school.
For the purpose of this Section a school day shall begin at
seven ante meridian and shall conclude at four post meridian.
This Section shall not be applicable unless appropriate
signs are posted upon streets and highways under their
respective jurisdiction and maintained by the Department,
township, county, park district, city, village or incorporated
town wherein the school zone is located. With regard to the
special speed limit while passing schools, such signs shall
give proper due warning that a school zone is being approached
and shall indicate the school zone and the maximum speed limit
in effect during school days when school children are present.
(b) (Blank).
(c) Nothing in this Chapter shall prohibit the use of
electronic speed-detecting devices within 500 feet of signs
within a special school speed zone indicating such zone, as
defined in this Section, nor shall evidence obtained thereby be
inadmissible in any prosecution for speeding provided the use
of such device shall apply only to the enforcement of the speed
limit in such special school speed zone.
(d) (Blank).
(e) Except as provided in subsection (e-5), a person who
violates this Section is guilty of a petty offense. Violations
of this Section are punishable with a minimum fine of $150 for
the first violation and a minimum fine of $300 for the second
or subsequent violation.
(e-5) A person committing a violation of this Section is
guilty of aggravated special speed limit while passing schools
when he or she drives a motor vehicle at a speed that is:
(1) 26 miles per hour or more but less than 35 miles
per hour in excess of the applicable special speed limit
established under this Section or a similar provision of a
local ordinance and is guilty of a Class B misdemeanor; or
(2) 35 miles per hour or more in excess of the
applicable special speed limit established under this
Section or a similar provision of a local ordinance and is
guilty of a Class A misdemeanor.
(f) (Blank). When a fine for a violation of subsection (a)
is $150 or greater, the person who violates subsection (a)
shall be charged an additional $50 to be paid to the unit
school district where the violation occurred for school safety
purposes. If the violation occurred in a dual school district,
$25 of the surcharge shall be paid to the elementary school
district for school safety purposes and $25 of the surcharge
shall be paid to the high school district for school safety
purposes. Notwithstanding any other provision of law, the
entire $50 surcharge shall be paid to the appropriate school
district or districts.
For purposes of this subsection (f), "school safety
purposes" includes the costs associated with school zone safety
education, the Safe Routes to School Program under Section
2705-317 of the Department of Transportation Law of the Civil
Administrative Code of Illinois, safety programs within the
School Safety and Educational Improvement Block Grant Program
under Section 2-3.51.5 of the School Code, and the purchase,
installation, and maintenance of caution lights which are
mounted on school speed zone signs.
(g) (Blank).
(h) (Blank).
(Source: P.A. 99-212, eff. 1-1-16.)
(625 ILCS 5/11-605.1)
Sec. 11-605.1. Special limit while traveling through a
highway construction or maintenance speed zone.
(a) A person may not operate a motor vehicle in a
construction or maintenance speed zone at a speed in excess of
the posted speed limit when workers are present.
(a-5) A person may not operate a motor vehicle in a
construction or maintenance speed zone at a speed in excess of
the posted speed limit when workers are not present.
(b) Nothing in this Chapter prohibits the use of electronic
speed-detecting devices within 500 feet of signs within a
construction or maintenance speed zone indicating the zone, as
defined in this Section, nor shall evidence obtained by use of
those devices be inadmissible in any prosecution for speeding,
provided the use of the device shall apply only to the
enforcement of the speed limit in the construction or
maintenance speed zone.
(c) As used in this Section, a "construction or maintenance
speed zone" is an area in which the Department, Toll Highway
Authority, or local agency has posted signage advising drivers
that a construction or maintenance speed zone is being
approached, or in which the Department, Authority, or local
agency has posted a lower speed limit with a highway
construction or maintenance speed zone special speed limit sign
after determining that the preexisting established speed limit
through a highway construction or maintenance project is
greater than is reasonable or safe with respect to the
conditions expected to exist in the construction or maintenance
speed zone.
If it is determined that the preexisting established speed
limit is safe with respect to the conditions expected to exist
in the construction or maintenance speed zone, additional speed
limit signs which conform to the requirements of this
subsection (c) shall be posted.
Highway construction or maintenance speed zone special
speed limit signs shall be of a design approved by the
Department. The signs must give proper due warning that a
construction or maintenance speed zone is being approached and
must indicate the maximum speed limit in effect. The signs also
must state the amount of the minimum fine for a violation.
(d) Except as provided under subsection (d-5), a person who
violates this Section is guilty of a petty offense. Violations
of this Section are punishable with a minimum fine of $250 for
the first violation and a minimum fine of $750 for the second
or subsequent violation.
(d-5) A person committing a violation of this Section is
guilty of aggravated special speed limit while traveling
through a highway construction or maintenance speed zone when
he or she drives a motor vehicle at a speed that is:
(1) 26 miles per hour or more but less than 35 miles
per hour in excess of the applicable special speed limit
established under this Section or a similar provision of a
local ordinance and is guilty of a Class B misdemeanor; or
(2) 35 miles per hour or more in excess of the
applicable special speed limit established under this
Section or a similar provision of a local ordinance and is
guilty of a Class A misdemeanor.
(e) (Blank). If a fine for a violation of this Section is
$250 or greater, the person who violated this Section shall be
charged an additional $125, which shall be deposited into the
Transportation Safety Highway Hire-back Fund in the State
treasury, unless (i) the violation occurred on a highway other
than an interstate highway and (ii) a county police officer
wrote the ticket for the violation, in which case the $125
shall be deposited into that county's Transportation Safety
Highway Hire-back Fund. In the case of a second or subsequent
violation of this Section, if the fine is $750 or greater, the
person who violated this Section shall be charged an additional
$250, which shall be deposited into the Transportation Safety
Highway Hire-back Fund in the State treasury, unless (i) the
violation occurred on a highway other than an interstate
highway and (ii) a county police officer wrote the ticket for
the violation, in which case the $250 shall be deposited into
that county's Transportation Safety Highway Hire-back Fund.
(e-5) The Department of State Police and the local county
police department have concurrent jurisdiction over any
violation of this Section that occurs on an interstate highway.
(f) The Transportation Safety Highway Hire-back Fund,
which was created by Public Act 92-619, shall continue to be a
special fund in the State treasury. Subject to appropriation by
the General Assembly and approval by the Secretary, the
Secretary of Transportation shall use all moneys in the
Transportation Safety Highway Hire-back Fund to hire off-duty
Department of State Police officers to monitor construction or
maintenance zones.
(f-5) Each county shall create a Transportation Safety
Highway Hire-back Fund. The county shall use the moneys in its
Transportation Safety Highway Hire-back Fund to hire off-duty
county police officers to monitor construction or maintenance
zones in that county on highways other than interstate
highways. The county, in its discretion, may also use a portion
of the moneys in its Transportation Safety Highway Hire-back
Fund to purchase equipment for county law enforcement and fund
the production of materials to educate drivers on construction
zone safe driving habits.
(g) For a second or subsequent violation of this Section
within 2 years of the date of the previous violation, the
Secretary of State shall suspend the driver's license of the
violator for a period of 90 days. This suspension shall only be
imposed if the current violation of this Section and at least
one prior violation of this Section occurred during a period
when workers were present in the construction or maintenance
zone.
(Source: P.A. 98-337, eff. 1-1-14; 99-212, eff. 1-1-16; 99-280,
eff. 1-1-16; 99-642, eff. 7-28-16.)
(625 ILCS 5/11-605.3)
Sec. 11-605.3. Special traffic protections while passing
parks and recreation facilities and areas.
(a) As used in this Section:
(1) "Park district" means the following entities:
(A) any park district organized under the Park
District Code;
(B) any park district organized under the Chicago
Park District Act; and
(C) any municipality, county, forest district,
school district, township, or other unit of local
government that operates a public recreation
department or public recreation facilities that has
recreation facilities that are not on land owned by any
park district listed in subparagraphs (A) and (B) of
this subdivision (a)(1).
(2) "Park zone" means the recreation facilities and
areas on any land owned or operated by a park district that
are used for recreational purposes, including but not
limited to: parks; playgrounds; swimming pools; hiking
trails; bicycle paths; picnic areas; roads and streets; and
parking lots.
(3) "Park zone street" means that portion of any street
or intersection under the control of a local unit of
government, adjacent to a park zone, where the local unit
of government has, by ordinance or resolution, designated
and approved the street or intersection as a park zone
street. If, before the effective date of this amendatory
Act of the 94th General Assembly, a street already had a
posted speed limit lower than 20 miles per hour, then the
lower limit may be used for that park zone street.
(4) "Safety purposes" means the costs associated with:
park zone safety education; the purchase, installation,
and maintenance of signs, roadway painting, and caution
lights mounted on park zone signs; and any other expense
associated with park zones and park zone streets.
(b) On any day when children are present and within 50 feet
of motorized traffic, a person may not drive a motor vehicle at
a speed in excess of 20 miles per hour or any lower posted
speed while traveling on a park zone street that has been
designated for the posted reduced speed.
(c) On any day when children are present and within 50 feet
of motorized traffic, any driver traveling on a park zone
street who fails to come to a complete stop at a stop sign or
red light, including a driver who fails to come to a complete
stop at a red light before turning right onto a park zone
street, is in violation of this Section.
(d) This Section does not apply unless appropriate signs
are posted upon park zone streets maintained by the Department
or by the unit of local government in which the park zone is
located. With regard to the special speed limit on park zone
streets, the signs must give proper due warning that a park
zone is being approached and must indicate the maximum speed
limit on the park zone street.
(e) A first violation of this Section is a petty offense
with a minimum fine of $250. A second or subsequent violation
of this Section is a petty offense with a minimum fine of $500.
(f) (Blank). When a fine for a violation of this Section is
imposed, the person who violates this Section shall be charged
an additional $50, to be paid to the park district for safety
purposes.
(g) The Department shall, within 6 months of the effective
date of this amendatory Act of the 94th General Assembly,
design a set of standardized traffic signs for park zones and
park zone streets, including but not limited to: "park zone",
"park zone speed limit", and "warning: approaching a park
zone". The design of these signs shall be made available to all
units of local government or manufacturers at no charge, except
for reproduction and postage.
(Source: P.A. 94-808, eff. 5-26-06.)
(625 ILCS 5/11-1002.5)
Sec. 11-1002.5. Pedestrians' right-of-way at crosswalks;
school zones.
(a) For the purpose of this Section, "school" has the
meaning ascribed to that term in Section 11-605.
On a school day when school children are present and so
close thereto that a potential hazard exists because of the
close proximity of the motorized traffic and when traffic
control signals are not in place or not in operation, the
driver of a vehicle shall stop and yield the right-of-way to a
pedestrian crossing the roadway within a crosswalk when the
pedestrian is upon the half of the roadway upon which the
vehicle is traveling, or when the pedestrian is approaching so
closely from the opposite half of the roadway as to be in
danger.
For the purpose of this Section, a school day shall begin
at seven ante meridian and shall conclude at four post
meridian.
This Section shall not be applicable unless appropriate
signs are posted in accordance with Section 11-605.
(b) A first violation of this Section is a petty offense
with a minimum fine of $150. A second or subsequent violation
of this Section is a petty offense with a minimum fine of $300.
(c) (Blank). When a fine for a violation of subsection (a)
is $150 or greater, the person who violates subsection (a)
shall be charged an additional $50 to be paid to the unit
school district where the violation occurred for school safety
purposes. If the violation occurred in a dual school district,
$25 of the surcharge shall be paid to the elementary school
district for school safety purposes and $25 of the surcharge
shall be paid to the high school district for school safety
purposes. Notwithstanding any other provision of law, the
entire $50 surcharge shall be paid to the appropriate school
district or districts.
For purposes of this subsection (c), "school safety
purposes" has the meaning ascribed to that term in Section
11-605.
(Source: P.A. 95-302, eff. 1-1-08; 96-1165, eff. 7-22-10.)
(625 ILCS 5/15-113) (from Ch. 95 1/2, par. 15-113)
Sec. 15-113. Violations; Penalties.
(a) Whenever any vehicle is operated in violation of the
provisions of Section 15-111 or subsection (d) of Section
3-401, the owner or driver of such vehicle shall be deemed
guilty of such violation and either the owner or the driver of
such vehicle may be prosecuted for such violation. Any person
charged with a violation of any of these provisions who pleads
not guilty shall be present in court for the trial on the
charge. Any person, firm or corporation convicted of any
violation of Section 15-111 including, but not limited to, a
maximum axle or gross limit specified on a regulatory sign
posted in accordance with paragraph (e) or (f) of Section
15-111, shall be fined according to the following schedule:
Up to and including 2000 pounds overweight, the fine is $100
From 2001 through 2500 pounds overweight, the fine is $270
From 2501 through 3000 pounds overweight, the fine is $330
From 3001 through 3500 pounds overweight, the fine is $520
From 3501 through 4000 pounds overweight, the fine is $600
From 4001 through 4500 pounds overweight, the fine is $850
From 4501 through 5000 pounds overweight, the fine is $950
From 5001 or more pounds overweight, the fine shall be computed
by assessing $1500 for the first 5000 pounds overweight and
$150 for each additional increment of 500 pounds overweight or
fraction thereof.
In addition any person, firm or corporation convicted of 4
or more violations of Section 15-111 within any 12 month period
shall be fined an additional amount of $5,000 for the fourth
and each subsequent conviction within the 12 month period.
Provided, however, that with regard to a firm or corporation, a
fourth or subsequent conviction shall mean a fourth or
subsequent conviction attributable to any one employee-driver.
(b) Whenever any vehicle is operated in violation of the
provisions of Sections 15-102, 15-103 or 15-107, the owner or
driver of such vehicle shall be deemed guilty of such violation
and either may be prosecuted for such violation. Any person,
firm or corporation convicted of any violation of Sections
15-102, 15-103 or 15-107 shall be fined for the first or second
conviction an amount equal to not less than $50 nor more than
$500, and for the third and subsequent convictions by the same
person, firm or corporation within a period of one year after
the date of the first offense, not less than $500 nor more than
$1,000.
(c) All proceeds equal to 50% of the additional fines
imposed under subsection (a) of this Section by this amendatory
Act of the 96th General Assembly shall be remitted to the State
Treasurer and deposited into the Capital Projects Fund.
(Source: P.A. 96-34, eff. 1-1-10; 96-1000, eff. 7-2-10; 97-201,
eff. 1-1-12.)
(625 ILCS 5/16-105) (from Ch. 95 1/2, par. 16-105)
Sec. 16-105. Disposition of fines and forfeitures.
(a) Except as provided in Section 15-113 and Section
16-104a of this Act and except for those amounts required to be
paid into the Traffic and Criminal Conviction Surcharge Fund in
the State Treasury pursuant to Section 9.1 of the Illinois
Police Training Act and Section 5-9-1 of the Unified Code of
Corrections and except those amounts subject to disbursement by
the circuit clerk under the Criminal and Traffic Assessment Act
Section 27.5 of the Clerks of Courts Act, fines and penalties
recovered under the provisions of Chapters 3 11 through 17 and
18b 16 inclusive of this Code shall be paid and used as
follows:
1. For offenses committed upon a highway within the
limits of a city, village, or incorporated town or under
the jurisdiction of any park district, to the treasurer of
the particular city, village, incorporated town or park
district, if the violator was arrested by the authorities
of the city, village, incorporated town or park district,
provided the police officers and officials of cities,
villages, incorporated towns and park districts shall
seasonably prosecute for all fines and penalties under this
Code. If the violation is prosecuted by the authorities of
the county, any fines or penalties recovered shall be paid
to the county treasurer, except that fines and penalties
recovered from violations arrested by the State Police
shall be remitted to the State Police Law Enforcement
Administration Fund. Provided further that if the violator
was arrested by the State Police, fines and penalties
recovered under the provisions of paragraph (a) of Section
15-113 of this Code or paragraph (e) of Section 15-316 of
this Code shall be paid over to the Department of State
Police which shall thereupon remit the amount of the fines
and penalties so received to the State Treasurer who shall
deposit the amount so remitted in the special fund in the
State treasury known as the Road Fund except that if the
violation is prosecuted by the State's Attorney, 10% of the
fine or penalty recovered shall be paid to the State's
Attorney as a fee of his office and the balance shall be
paid over to the Department of State Police for remittance
to and deposit by the State Treasurer as hereinabove
provided.
2. Except as provided in paragraph 4, for offenses
committed upon any highway outside the limits of a city,
village, incorporated town or park district, to the county
treasurer of the county where the offense was committed
except if such offense was committed on a highway
maintained by or under the supervision of a township,
township district, or a road district to the Treasurer
thereof for deposit in the road and bridge fund of such
township or other district, except that fines and penalties
recovered from violations arrested by the State Police
shall be remitted to the State Police Law Enforcement
Administration Fund; provided ; Provided, that fines and
penalties recovered under the provisions of paragraph (a)
of Section 15-113, paragraph (d) of Section 3-401, or
paragraph (e) of Section 15-316 of this Code shall be paid
over to the Department of State Police which shall
thereupon remit the amount of the fines and penalties so
received to the State Treasurer who shall deposit the
amount so remitted in the special fund in the State
treasury known as the Road Fund except that if the
violation is prosecuted by the State's Attorney, 10% of the
fine or penalty recovered shall be paid to the State's
Attorney as a fee of his office and the balance shall be
paid over to the Department of State Police for remittance
to and deposit by the State Treasurer as hereinabove
provided.
3. Notwithstanding subsections 1 and 2 of this
paragraph, for violations of overweight and overload
limits found in Sections 15-101 through 15-203 of this
Code, which are committed upon the highways belonging to
the Illinois State Toll Highway Authority, fines and
penalties shall be paid over to the Illinois State Toll
Highway Authority for deposit with the State Treasurer into
that special fund known as the Illinois State Toll Highway
Authority Fund, except that if the violation is prosecuted
by the State's Attorney, 10% of the fine or penalty
recovered shall be paid to the State's Attorney as a fee of
his office and the balance shall be paid over to the
Illinois State Toll Highway Authority for remittance to and
deposit by the State Treasurer as hereinabove provided.
4. With regard to violations of overweight and overload
limits found in Sections 15-101 through 15-203 of this Code
committed by operators of vehicles registered as Special
Hauling Vehicles, for offenses committed upon a highway
within the limits of a city, village, or incorporated town
or under the jurisdiction of any park district, all fines
and penalties shall be paid over or retained as required in
paragraph 1. However, with regard to the above offenses
committed by operators of vehicles registered as Special
Hauling Vehicles upon any highway outside the limits of a
city, village, incorporated town or park district, fines
and penalties shall be paid over or retained by the entity
having jurisdiction over the road or highway upon which the
offense occurred, except that if the violation is
prosecuted by the State's Attorney, 10% of the fine or
penalty recovered shall be paid to the State's Attorney as
a fee of his office.
(b) Failure, refusal or neglect on the part of any judicial
or other officer or employee receiving or having custody of any
such fine or forfeiture either before or after a deposit with
the proper official as defined in paragraph (a) of this
Section, shall constitute misconduct in office and shall be
grounds for removal therefrom.
(Source: P.A. 96-34, eff. 1-1-10.)
(625 ILCS 5/16-104a rep.)
(625 ILCS 5/16-104b rep.)
(625 ILCS 5/16-104c rep.)
(625 ILCS 5/16-104d rep.)
(625 ILCS 5/16-104d-1 rep.)
Section 905-47. The Illinois Vehicle Code is amended by
repealing Sections 16-104a, 16-104b, 16-104c, 16-104d, and
16-104d-1.
Section 905-50. The Access to Justice Act is amended by
changing Section 15 as follows:
(705 ILCS 95/15)
Sec. 15. Access to Justice Fund.
(a) The Access to Justice Fund is created as a special fund
in the State treasury. The Fund shall consist of fees collected
under Section 27.3g of the Clerks of Courts Act. Moneys in the
Access to Justice Fund shall be appropriated to the Attorney
General for disbursements to the Foundation. The Foundation
shall use the moneys to make grants and distributions for the
administration of the pilot programs created under this Act.
Grants or distributions made under this Act to the Foundation
are subject to the requirements of the Illinois Grant Funds
Recovery Act.
(b) In accordance with the requirements of the Illinois
Equal Justice Act, the Foundation may make grants, enter into
contracts, and take other actions recommended by the Council to
effectuate the pilot programs and comply with the other
requirements of this Act.
(c) The governing board of the Foundation must prepare and
submit an annual report to the Governor, the President of the
Senate, the Minority Leader of the Senate, the Speaker of the
House of Representatives, the Minority Leader of the House of
Representatives, and the Justices of the Illinois Supreme
Court. The report must include: (i) a statement of the total
receipts and a breakdown by source during each of the previous
2 calendar years; (ii) a list of the names and addresses of the
recipients that are currently receiving grants or
distributions and that received grants or distributions in the
previous year and the amounts committed to recipients for the
current year and paid in the previous year; (iii) a breakdown
of the amounts of grants or distributions paid during the
previous year to recipients and the amounts committed to each
recipient for the current year; (iv) a breakdown of the
Foundation's costs in administering the Fund; (v) a statement
of the Fund balance at the start and at the close of the
previous year and the interest earned during the previous year;
and (vi) any notices the Foundation issued denying applications
for grants or distributions under this Act. The report, in its
entirety, is a public record, and the Foundation and the
Governor shall make the report available for inspection upon
request.
(d) The Foundation may annually retain a portion of the
disbursements it receives under this Section to reimburse the
Foundation for the actual cost of administering the Council and
for making the grants and distributions pursuant to this Act
during that year.
(e) No moneys distributed by the Foundation from the Access
to Justice Fund may be directly or indirectly used for lobbying
activities, as defined in Section 2 of the Lobbyist
Registration Act or as defined in any ordinance or resolution
of a municipality, county, or other unit of local government in
Illinois.
(f) The Foundation may make, enter into, and execute
contracts, agreements, leases, and other instruments with any
person, including without limitation any federal, State, or
local governmental agency, and may take other actions that may
be necessary or convenient to accomplish any purpose authorized
by this Act.
(g) The Foundation has the authority to receive and accept
any and all grants, loans, subsidies, matching funds,
reimbursements, federal grant moneys, fees for services, and
other things of value from the federal or State government or
any agency of any other state or from any institution, person,
firm, or corporation, public or private, to be used to carry
out the purposes of this Act.
(Source: P.A. 98-351, eff. 8-15-13; 99-281, eff. 8-5-15.)
Section 905-55. The Clerks of Courts Act is amended by
changing Sections 27.2b and 27.3 and by adding Sections 27.1b
and 27.3b-1 as follows:
(705 ILCS 105/27.1b new)
Sec. 27.1b. Circuit court clerk fees. Notwithstanding any
other provision of law, all fees charged by the clerks of the
circuit court for the services described in this Section shall
be established, collected, and disbursed in accordance with
this Section. All fees under this Section shall be paid in
advance and disbursed by each clerk on a monthly basis. Unless
otherwise specified in this Section, the amount of a fee shall
be determined by ordinance or resolution of the county board
and remitted to the county treasurer to be used for purposes
related to the operation of the court system in the county. In
a county with population of over 3,000,000, any amount retained
by the clerk of the circuit court or remitted to the county
treasurer shall be subject to appropriation by the county
board.
(a) Civil cases. The fee for filing a complaint, petition,
or other pleading initiating a civil action shall be as set
forth in the applicable schedule under this subsection in
accordance with case categories established by the Supreme
Court in schedules.
(1) SCHEDULE 1: not to exceed a total of $366 in a
county with a population of 3,000,000 or more and $316 in
any other county, except as applied to units of local
government and school districts in counties with more than
3,000,000 inhabitants an amount not to exceed $190 through
December 31, 2021 and $184 on and after January 1, 2022.
The fees collected under this schedule shall be disbursed
as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $55 in a county with a population of
3,000,000 or more and $45 in any other county
determined by the clerk with the approval of the
Supreme Court, to be used for court automation, court
document storage, and administrative purposes.
(B) The clerk shall remit up to $21 to the State
Treasurer. The State Treasurer shall deposit the
appropriate amounts, in accordance with the clerk's
instructions, as follows:
(i) up to $10, as specified by the Supreme
Court in accordance with Part 10A of Article II of
the Code of Civil Procedure, into the Mandatory
Arbitration Fund;
(ii) $2 into the Access to Justice Fund; and
(iii) $9 into the Supreme Court Special
Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $290 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $250 in any other county, as specified by
ordinance or resolution passed by the county board, for
purposes related to the operation of the court system
in the county.
(2) SCHEDULE 2: not to exceed a total of $357 in a
county with a population of 3,000,000 or more and $266 in
any other county, except as applied to units of local
government and school districts in counties with more than
3,000,000 inhabitants an amount not to exceed $190 through
December 31, 2021 and $184 on and after January 1, 2022.
The fees collected under this schedule shall be disbursed
as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $55 in a county with a population of
3,000,000 or more and $45 in any other county
determined by the clerk with the approval of the
Supreme Court, to be used for court automation, court
document storage, and administrative purposes.
(B) The clerk shall remit up to $21 to the State
Treasurer. The State Treasurer shall deposit the
appropriate amounts, in accordance with the clerk's
instructions, as follows:
(i) up to $10, as specified by the Supreme
Court in accordance with Part 10A of Article II of
the Code of Civil Procedure, into the Mandatory
Arbitration Fund;
(ii) $2 into the Access to Justice Fund: and
(iii) $9 into the Supreme Court Special
Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $281 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $200 in any other county, as specified by
ordinance or resolution passed by the county board, for
purposes related to the operation of the court system
in the county.
(3) SCHEDULE 3: not to exceed a total of $265 in a
county with a population of 3,000,000 or more and $89 in
any other county, except as applied to units of local
government and school districts in counties with more than
3,000,000 inhabitants an amount not to exceed $190 through
December 31, 2021 and $184 on and after January 1, 2022.
The fees collected under this schedule shall be disbursed
as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $55 in a county with a population of
3,000,000 or more and $22 in any other county
determined by the clerk with the approval of the
Supreme Court, to be used for court automation, court
document storage, and administrative purposes.
(B) The clerk shall remit $11 to the State
Treasurer. The State Treasurer shall deposit the
appropriate amounts in accordance with the clerk's
instructions, as follows:
(i) $2 into the Access to Justice Fund; and
(ii) $9 into the Supreme Court Special
Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $199 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $56 in any other county, as specified by
ordinance or resolution passed by the county board, for
purposes related to the operation of the court system
in the county.
(4) SCHEDULE 4: $0.
(b) Appearance. The fee for filing an appearance in a civil
action, including a cannabis civil law action under the
Cannabis Control Act, shall be as set forth in the applicable
schedule under this subsection in accordance with case
categories established by the Supreme Court in schedules.
(1) SCHEDULE 1: not to exceed a total of $230 in a
county with a population of 3,000,000 or more and $191 in
any other county, except as applied to units of local
government and school districts in counties with more than
3,000,000 inhabitants an amount not to exceed $75. The fees
collected under this schedule shall be disbursed as
follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $50 in a county with a population of
3,000,000 or more and $45 in any other county
determined by the clerk with the approval of the
Supreme Court, to be used for court automation, court
document storage, and administrative purposes.
(B) The clerk shall remit up to $21 to the State
Treasurer. The State Treasurer shall deposit the
appropriate amounts, in accordance with the clerk's
instructions, as follows:
(i) up to $10, as specified by the Supreme
Court in accordance with Part 10A of Article II of
the Code of Civil Procedure, into the Mandatory
Arbitration Fund;
(ii) $2 into the Access to Justice Fund; and
(iii) $9 into the Supreme Court Special
Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $159 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $125 in any other county, as specified by
ordinance or resolution passed by the county board, for
purposes related to the operation of the court system
in the county.
(2) SCHEDULE 2: not to exceed a total of $130 in a
county with a population of 3,000,000 or more and $109 in
any other county, except as applied to units of local
government and school districts in counties with more than
3,000,000 inhabitants an amount not to exceed $75. The fees
collected under this schedule shall be disbursed as
follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $50 in a county with a population of
3,000,000 or more and $10 in any other county
determined by the clerk with the approval of the
Supreme Court, to be used for court automation, court
document storage, and administrative purposes.
(B) The clerk shall remit $9 to the State
Treasurer, which the State Treasurer shall deposit
into the Supreme Court Special Purpose Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $71 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $90 in any other county, as specified by
ordinance or resolution passed by the county board, for
purposes related to the operation of the court system
in the county.
(3) SCHEDULE 3: $0.
(b-5) Kane County and Will County. In Kane County and Will
County civil cases, there is an additional fee of up to $30 as
set by the county board under Section 5-1101.3 of the Counties
Code to be paid by each party at the time of filing the first
pleading, paper, or other appearance; provided that no
additional fee shall be required if more than one party is
represented in a single pleading, paper, or other appearance.
Distribution of fees collected under this subsection (b-5)
shall be as provided in Section 5-1101.3 of the Counties Code.
(c) Counterclaim or third party complaint. When any
defendant files a counterclaim or third party complaint, as
part of the defendant's answer or otherwise, the defendant
shall pay a filing fee for each counterclaim or third party
complaint in an amount equal to the filing fee the defendant
would have had to pay had the defendant brought a separate
action for the relief sought in the counterclaim or third party
complaint, less the amount of the appearance fee, if any, that
the defendant has already paid in the action in which the
counterclaim or third party complaint is filed.
(d) Alias summons. The clerk shall collect a fee not to
exceed $6 in a county with a population of 3,000,000 or more
and $5 in any other county for each alias summons or citation
issued by the clerk, except as applied to units of local
government and school districts in counties with more than
3,000,000 inhabitants an amount not to exceed $5 for each alias
summons or citation issued by the clerk.
(e) Jury services. The clerk shall collect, in addition to
other fees allowed by law, a sum not to exceed $212.50, as a
fee for the services of a jury in every civil action not
quasi-criminal in its nature and not a proceeding for the
exercise of the right of eminent domain and in every other
action wherein the right of trial by jury is or may be given by
law. The jury fee shall be paid by the party demanding a jury
at the time of filing the jury demand. If the fee is not paid by
either party, no jury shall be called in the action or
proceeding, and the action or proceeding shall be tried by the
court without a jury.
(f) Change of venue. In connection with a change of venue:
(1) The clerk of the jurisdiction from which the case
is transferred may charge a fee, not to exceed $40, for the
preparation and certification of the record; and
(2) The clerk of the jurisdiction to which the case is
transferred may charge the same filing fee as if it were
the commencement of a new suit.
(g) Petition to vacate or modify.
(1) In a proceeding involving a petition to vacate or
modify any final judgment or order filed within 30 days
after the judgment or order was entered, except for a
forcible entry and detainer case, small claims case,
petition to reopen an estate, petition to modify,
terminate, or enforce a judgment or order for child or
spousal support, or petition to modify, suspend, or
terminate an order for withholding, the fee shall not
exceed $60 in a county with a population of 3,000,000 or
more and $50 in any other county, except as applied to
units of local government and school districts in counties
with more than 3,000,000 inhabitants an amount not to
exceed $50.
(2) In a proceeding involving a petition to vacate or
modify any final judgment or order filed more than 30 days
after the judgment or order was entered, except for a
petition to modify, terminate, or enforce a judgment or
order for child or spousal support, or petition to modify,
suspend, or terminate an order for withholding, the fee
shall not exceed $75.
(3) In a proceeding involving a motion to vacate or
amend a final order, motion to vacate an ex parte judgment,
judgment of forfeiture, or "failure to appear" or "failure
to comply" notices sent to the Secretary of State, the fee
shall equal $40.
(h) Appeals preparation. The fee for preparation of a
record on appeal shall be based on the number of pages, as
follows:
(1) if the record contains no more than 100 pages, the
fee shall not exceed $70 in a county with a population of
3,000,000 or more and $50 in any other county;
(2) if the record contains between 100 and 200 pages,
the fee shall not exceed $100; and
(3) if the record contains 200 or more pages, the clerk
may collect an additional fee not to exceed 25 cents per
page.
(i) Remands. In any cases remanded to the circuit court
from the Supreme Court or the appellate court for a new trial,
the clerk shall reinstate the case with either its original
number or a new number. The clerk shall not charge any new or
additional fee for the reinstatement. Upon reinstatement, the
clerk shall advise the parties of the reinstatement. Parties
shall have the same right to a jury trial on remand and
reinstatement that they had before the appeal, and no
additional or new fee or charge shall be made for a jury trial
after remand.
(j) Garnishment, wage deduction, and citation. In
garnishment affidavit, wage deduction affidavit, and citation
petition proceedings:
(1) if the amount in controversy in the proceeding is
not more than $1,000, the fee may not exceed $35 in a
county with a population of 3,000,000 or more and $15 in
any other county, except as applied to units of local
government and school districts in counties with more than
3,000,000 inhabitants an amount not to exceed $15;
(2) if the amount in controversy in the proceeding is
greater than $1,000 and not more than $5,000, the fee may
not exceed $45 in a county with a population of 3,000,000
or more and $30 in any other county, except as applied to
units of local government and school districts in counties
with more than 3,000,000 inhabitants an amount not to
exceed $30; and
(3) if the amount in controversy in the proceeding is
greater than $5,000, the fee may not exceed $65 in a county
with a population of 3,000,000 or more and $50 in any other
county, except as applied to units of local government and
school districts in counties with more than 3,000,000
inhabitants an amount not to exceed $50.
(k) Collections.
(1) For all collections made of others, except the
State and county and except in maintenance or child support
cases, the clerk may collect a fee of up to 2.5% of the
amount collected and turned over.
(2) In child support and maintenance cases, the clerk
may collect an annual fee of up to $36 from the person
making payment for maintaining child support records and
the processing of support orders to the State of Illinois
KIDS system and the recording of payments issued by the
State Disbursement Unit for the official record of the
Court. This fee is in addition to and separate from amounts
ordered to be paid as maintenance or child support and
shall be deposited into a Separate Maintenance and Child
Support Collection Fund, of which the clerk shall be the
custodian, ex officio, to be used by the clerk to maintain
child support orders and record all payments issued by the
State Disbursement Unit for the official record of the
Court. The clerk may recover from the person making the
maintenance or child support payment any additional cost
incurred in the collection of this annual fee.
(3) The clerk may collect a fee of $5 for
certifications made to the Secretary of State as provided
in Section 7-703 of the Family Financial Responsibility Law
and these fees shall be deposited into the Separate
Maintenance and Child Support Collection Fund.
(4) In proceedings to foreclose the lien of delinquent
real estate taxes State's Attorneys shall receive a fee of
10% of the total amount realized from the sale of real
estate sold in the proceedings. The clerk shall collect the
fee from the total amount realized from the sale of the
real estate sold in the proceedings and remit to the County
Treasurer to be credited to the earnings of the Office of
State's Attorney.
(l) Mailing. The fee for the clerk mailing documents shall
not exceed $10 plus the cost of postage.
(m) Certified copies. The fee for each certified copy of a
judgment, after the first copy, shall not exceed $10.
(n) Certification, authentication, and reproduction.
(1) The fee for each certification or authentication
for taking the acknowledgment of a deed or other instrument
in writing with the seal of office shall not exceed $6.
(2) The fee for reproduction of any document contained
in the clerk's files shall not exceed:
(A) $2 for the first page;
(B) 50 cents per page for the next 19 pages; and
(C) 25 cents per page for all additional pages.
(o) Record search. For each record search, within a
division or municipal district, the clerk may collect a search
fee not to exceed $6 for each year searched.
(p) Hard copy. For each page of hard copy print output,
when case records are maintained on an automated medium, the
clerk may collect a fee not to exceed $10 in a county with a
population of 3,000,000 or more and $6 in any other county,
except as applied to units of local government and school
districts in counties with more than 3,000,000 inhabitants an
amount not to exceed $6.
(q) Index inquiry and other records. No fee shall be
charged for a single plaintiff and defendant index inquiry or
single case record inquiry when this request is made in person
and the records are maintained in a current automated medium,
and when no hard copy print output is requested. The fees to be
charged for management records, multiple case records, and
multiple journal records may be specified by the Chief Judge
pursuant to the guidelines for access and dissemination of
information approved by the Supreme Court.
(r) Performing a marriage. There shall be a $10 fee for
performing a marriage in court.
(s) Voluntary assignment. For filing each deed of voluntary
assignment, the clerk shall collect a fee not to exceed $20.
For recording a deed of voluntary assignment, the clerk shall
collect a fee not to exceed 50 cents for each 100 words.
Exceptions filed to claims presented to an assignee of a debtor
who has made a voluntary assignment for the benefit of
creditors shall be considered and treated, for the purpose of
taxing costs therein, as actions in which the party or parties
filing the exceptions shall be considered as party or parties
plaintiff, and the claimant or claimants as party or parties
defendant, and those parties respectively shall pay to the
clerk the same fees as provided by this Section to be paid in
other actions.
(t) Expungement petition. The clerk may collect a fee not
to exceed $60 for each expungement petition filed and an
additional fee not to exceed $4 for each certified copy of an
order to expunge arrest records.
(u) Transcripts of judgment. For the filing of a transcript
of judgment, the clerk may collect the same fee as if it were
the commencement of a new suit.
(v) Probate filings.
(1) For each account (other than one final account)
filed in the estate of a decedent, or ward, the fee shall
not exceed $25.
(2) For filing a claim in an estate when the amount
claimed is greater than $150 and not more than $500, the
fee shall not exceed $40 in a county with a population of
3,000,000 or more and $25 in any other county; when the
amount claimed is greater than $500 and not more than
$10,000, the fee shall not exceed $55 in a county with a
population of 3,000,000 or more and $40 in any other
county; and when the amount claimed is more than $10,000,
the fee shall not exceed $75 in a county with a population
of 3,000,000 or more and $60 in any other county; except
the court in allowing a claim may add to the amount allowed
the filing fee paid by the claimant.
(3) For filing in an estate a claim, petition, or
supplemental proceeding based upon an action seeking
equitable relief including the construction or contest of a
will, enforcement of a contract to make a will, and
proceedings involving testamentary trusts or the
appointment of testamentary trustees, the fee shall not
exceed $60.
(4) There shall be no fee for filing in an estate: (i)
the appearance of any person for the purpose of consent; or
(ii) the appearance of an executor, administrator,
administrator to collect, guardian, guardian ad litem, or
special administrator.
(5) For each jury demand, the fee shall not exceed
$137.50.
(6) For each certified copy of letters of office, of
court order, or other certification, the fee shall not
exceed $2 per page.
(7) For each exemplification, the fee shall not exceed
$2, plus the fee for certification.
(8) The executor, administrator, guardian, petitioner,
or other interested person or his or her attorney shall pay
the cost of publication by the clerk directly to the
newspaper.
(9) The person on whose behalf a charge is incurred for
witness, court reporter, appraiser, or other miscellaneous
fees shall pay the same directly to the person entitled
thereto.
(10) The executor, administrator, guardian,
petitioner, or other interested person or his or her
attorney shall pay to the clerk all postage charges
incurred by the clerk in mailing petitions, orders,
notices, or other documents pursuant to the provisions of
the Probate Act of 1975.
(w) Corrections of numbers. For correction of the case
number, case title, or attorney computer identification
number, if required by rule of court, on any document filed in
the clerk's office, to be charged against the party that filed
the document, the fee shall not exceed $25.
(x) Miscellaneous.
(1) Interest earned on any fees collected by the clerk
shall be turned over to the county general fund as an
earning of the office.
(2) For any check, draft, or other bank instrument
returned to the clerk for non-sufficient funds, account
closed, or payment stopped, the clerk shall collect a fee
of $25.
(y) Other fees. The clerk of the circuit court may provide
services in connection with the operation of the clerk's
office, other than those services mentioned in this Section, as
may be requested by the public and agreed to by the clerk and
approved by the Chief Judge. Any charges for additional
services shall be as agreed to between the clerk and the party
making the request and approved by the Chief Judge. Nothing in
this subsection shall be construed to require any clerk to
provide any service not otherwise required by law.
(y-5) Unpaid fees. Unless a court ordered payment schedule
is implemented or the fee requirements of this Section are
waived under a court order, the clerk of the circuit court may
add to any unpaid fees and costs under this Section 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 used to defray additional
administrative costs incurred by the clerk of the circuit court
in collecting unpaid fees and costs.
(z) Exceptions.
(1) No fee authorized by this Section shall apply to:
(A) police departments or other law enforcement
agencies. In this Section, "law enforcement agency"
means: an agency of the State or a unit of local
government which is vested by law or ordinance with the
duty to maintain public order and to enforce criminal
laws or ordinances; the Attorney General; or any
State's Attorney;
(A-5) any unit of local government or school
district in counties having a population of 500,000 or
less and the county board in counties having a
population exceeding 500,000 may by resolution set
reduced fees for units of local government or school
districts;
(B) any action instituted by the corporate
authority of a municipality with more than 1,000,000
inhabitants under Section 11-31-1 of the Illinois
Municipal Code and any action instituted under
subsection (b) of Section 11-31-1 of the Illinois
Municipal Code by a private owner or tenant of real
property within 1,200 feet of a dangerous or unsafe
building seeking an order compelling the owner or
owners of the building to take any of the actions
authorized under that subsection;
(C) any commitment petition or petition for an
order authorizing the administration of psychotropic
medication or electroconvulsive therapy under the
Mental Health and Developmental Disabilities Code;
(D) a petitioner in any order of protection
proceeding, including, but not limited to, fees for
filing, modifying, withdrawing, certifying, or
photocopying petitions for orders of protection,
issuing alias summons, any related filing service, or
certifying, modifying, vacating, or photocopying any
orders of protection; or
(E) proceedings for the appointment of a
confidential intermediary under the Adoption Act.
(2) No fee other than the filing fee contained in the
applicable schedule in subsection (a) shall be charged to
any person in connection with an adoption proceeding.
(3) Upon good cause shown, the court may waive any fees
associated with a special needs adoption. The term "special
needs adoption" has the meaning provided by the Illinois
Department of Children and Family Services.
(aa) This Section is repealed on December 31, 2019.
(705 ILCS 105/27.2b)
Sec. 27.2b. State income tax refund intercept. The Clerk
of the Circuit Court may enter into an agreement with the
Illinois Department of Revenue to establish a pilot program for
the purpose of collecting certain balances owed fees. The
purpose shall be to intercept, in whole or in part, State
income tax refunds due the persons who owe past due fees to the
Clerk of the Circuit Court in order to satisfy unpaid
assessments under the Criminal and Traffic Assessment Act and
fines as ordered by the court fees pursuant to the fee
requirements of Sections 27.1a, 27.2, and 27.2a of this Act.
The agreement shall include, but may not be limited to, a
certification by the Clerk of the Circuit Court that the debt
claims forwarded to the Department of Revenue are valid and
that reasonable efforts have been made to notify persons of the
delinquency of the debt. The agreement shall include provisions
for payment of the intercept by the Department of Revenue to
the Clerk of the Circuit Court and procedures for an
appeal/protest by the debtor when an intercept occurs. The
agreement may also include provisions to allow the Department
of Revenue to recover its cost for administering the program.
Intercepts made pursuant to this Section shall not
interfere with the collection of debts related to child
support. During the collection of debts under this Section,
when there are 2 or more debt claims certified to the
Department at the same time, priority of collection shall be as
provided in Section 911.3 of the Illinois Income Tax Act.
(Source: P.A. 93-836, eff. 1-1-05.)
(705 ILCS 105/27.3) (from Ch. 25, par. 27.3)
Sec. 27.3. Compensation.
(a) The county board shall provide the compensation of
Clerks of the Circuit Court, and the amount necessary for clerk
hire, stationery, fuel and other expenses. Beginning December
1, 1989, the compensation per annum for Clerks of the Circuit
Court shall be as follows:
In counties where the population is:
Less than 14,000.......................at least $13,500
14,001-30,000..........................at least $14,500
30,001-60,000..........................at least $15,000
60,001-100,000.........................at least $15,000
100,001-200,000........................at least $16,500
200,001-300,000........................at least $18,000
300,001- 3,000,000.....................at least $20,000
Over 3,000,000.........................at least $55,000
(b) In counties in which the population is 3,000,000 or
less, "base salary" is the compensation paid for each Clerk of
the Circuit Court, respectively, before July 1, 1989.
(c) The Clerks of the Circuit Court, in counties in which
the population is 3,000,000 or less, shall be compensated as
follows:
(1) Beginning December 1, 1989, base salary plus at
least 3% of base salary.
(2) Beginning December 1, 1990, base salary plus at
least 6% of base salary.
(3) Beginning December 1, 1991, base salary plus at
least 9% of base salary.
(4) Beginning December 1, 1992, base salary plus at
least 12% of base salary.
(d) In addition to the compensation provided by the county
board, each Clerk of the Circuit Court shall receive an award
from the State for the additional duties imposed by Sections
5-9-1 and 5-9-1.2 of the Unified Code of Corrections, Section
10 of the Violent Crime Victims Assistance Act, Section 16-104a
of the Illinois Vehicle Code, and other laws, in the following
amount:
(1) $3,500 per year before January 1, 1997.
(2) $4,500 per year beginning January 1, 1997.
(3) $5,500 per year beginning January 1, 1998.
(4) $6,500 per year beginning January 1, 1999.
The total amount required for such awards shall be appropriated
each year by the General Assembly to the Supreme Court, which
shall distribute such awards in annual lump sum payments to the
Clerks of the Circuit Court in all counties. This annual award,
and any other award or stipend paid out of State funds to the
Clerks of the Circuit Court, shall not affect any other
compensation provided by law to be paid to Clerks of the
Circuit Court.
(e) (Blank).
(f) No county board may reduce or otherwise impair the
compensation payable from county funds to a Clerk of the
Circuit Court if the reduction or impairment is the result of
the Clerk of the Circuit Court receiving an award or stipend
payable from State funds.
(Source: P.A. 98-24, eff. 6-19-13.)
(705 ILCS 105/27.3b-1 new)
Sec. 27.3b-1. Minimum fines; disbursement of fines.
(a) Unless otherwise specified by law, the minimum fine for
a conviction or supervision disposition on a minor traffic
offense is $25 and the minimum fine for a conviction,
supervision disposition, or violation based upon a plea of
guilty or finding of guilt for any other offense is $75. If the
court finds that the fine would impose an undue burden on the
victim, the court may reduce or waive the fine. In this
subsection (a), "victim" shall not be construed to include the
defendant.
(b) Unless otherwise specified by law, all fines imposed on
a misdemeanor offense, other than a traffic, conservation, or
driving under the influence offense, or on a felony offense
shall be disbursed within 60 days after receipt by the circuit
clerk to the county treasurer for deposit into the county's
General Fund. Unless otherwise specified by law, all fines
imposed on an ordinance offense or a misdemeanor traffic,
misdemeanor conservation, or misdemeanor driving under the
influence offense shall be disbursed within 60 days after
receipt by the circuit clerk to the treasurer of the unit of
government of the arresting agency. If the arresting agency is
the office of the sheriff, the county treasurer shall deposit
the portion into a fund to support the law enforcement
operations of the office of the sheriff. If the arresting
agency is a State agency, the State Treasurer shall deposit the
portion as follows:
(1) if the arresting agency is the Department of State
Police, into the State Police Law Enforcement
Administration Fund;
(2) if the arresting agency is the Department of
Natural Resources, into the Conservation Police Operations
Assistance Fund;
(3) if the arresting agency is the Secretary of State,
into the Secretary of State Police Services Fund; and
(4) if the arresting agency is the Illinois Commerce
Commission, into the Public Utility Fund.
(705 ILCS 105/27.1a rep.)
(705 ILCS 105/27.2 rep.)
(705 ILCS 105/27.2a rep.)
(705 ILCS 105/27.3a rep.)
(705 ILCS 105/27.3c rep.)
(705 ILCS 105/27.3e rep.)
(705 ILCS 105/27.3g rep.)
(705 ILCS 105/27.4 rep.)
(705 ILCS 105/27.5 rep.)
(705 ILCS 105/27.6 rep.)
(705 ILCS 105/27.7 rep.)
Section 905-57. The Clerks of Courts Act is amended by
repealing Sections 27.1a, 27.2, 27.2a, 27.3a, 27.3c, 27.3e,
27.3g, 27.4, 27.5, 27.6, and 27.7.
Section 905-60. The Juvenile Court Act of 1987 is amended
by changing Section 5-915 as follows:
(705 ILCS 405/5-915)
Sec. 5-915. Expungement of juvenile law enforcement and
court records.
(0.05) For purposes of this Section:
"Dissemination" or "disseminate" means to publish,
produce, print, manufacture, distribute, sell, lease,
exhibit, broadcast, display, transmit, or otherwise share
information in any format so as to make the information
accessible to others.
"Expunge" means to physically destroy the records and
to obliterate the minor's name and juvenile court records
from any official index, public record, or electronic
database. No evidence of the juvenile court records may be
retained by any law enforcement agency, the juvenile court,
or by any municipal, county, or State agency or department.
Nothing in this Act shall require the physical destruction
of the internal office records, files, or databases
maintained by a State's Attorney's Office or other
prosecutor or by the Office of the Secretary of State.
"Juvenile court record" includes, but is not limited
to:
(a) all documents filed in or maintained by the
juvenile court pertaining to a specific incident,
proceeding, or individual;
(b) all documents relating to a specific incident,
proceeding, or individual made available to or maintained
by probation officers;
(c) all documents, video or audio tapes,
photographs, and exhibits admitted into evidence at
juvenile court hearings; or
(d) all documents, transcripts, records, reports
or other evidence prepared by, maintained by, or released
by any municipal, county, or State state agency or
department, in any format, if indicating involvement with
the juvenile court relating to a specific incident,
proceeding, or individual.
"Law enforcement record" includes, but is not limited
to, records of arrest, station adjustments, fingerprints,
probation adjustments, the issuance of a notice to appear,
or any other records or documents maintained by any law
enforcement agency relating to a minor suspected of
committing an offense or evidence of interaction with law
enforcement.
(0.1) (a) The Department of State Police and all law
enforcement agencies within the State shall automatically
expunge, on or before January 1 of each year, all law
enforcement records relating to events occurring before an
individual's 18th birthday if:
(1) one year or more has elapsed since the date of the
arrest or law enforcement interaction documented in the
records;
(2) no petition for delinquency or criminal charges
were filed with the clerk of the circuit court relating to
the arrest or law enforcement interaction documented in the
records; and
(3) 6 months have elapsed without an additional
subsequent arrest or filing of a petition for delinquency
or criminal charges whether related or not to the arrest or
law enforcement interaction documented in the records.
(b) If the law enforcement agency is unable to verify
satisfaction of conditions (2) and (3) of this subsection
(0.1), records that satisfy condition (1) of this subsection
(0.1) shall be automatically expunged if the records relate to
an offense that if committed by an adult would not be an
offense classified as Class 2 felony or higher, an offense
under Article 11 of the Criminal Code of 1961 or Criminal Code
of 2012, or an offense under Section 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the Criminal Code of 1961.
(0.2) (a) Upon dismissal of a petition alleging delinquency
or upon a finding of not delinquent, the successful termination
of an order of supervision, or an adjudication for an offense
which would be a Class B misdemeanor, Class C misdemeanor, or a
petty or business offense if committed by an adult, the court
shall automatically order the expungement of the juvenile court
and law enforcement records within 60 business days.
(b) If the chief law enforcement officer of the agency, or
his or her designee, certifies in writing that certain
information is needed for a pending investigation involving the
commission of a felony, that information, and information
identifying the juvenile, may be retained in an intelligence
file until the investigation is terminated or for one
additional year, whichever is sooner. Retention of a portion of
a juvenile's law enforcement record does not disqualify the
remainder of his or her record from immediate automatic
expungement.
(0.3) (a) Upon an adjudication of delinquency based on any
offense except a disqualified offense, the juvenile court shall
automatically order the expungement of the juvenile records 2
years after the juvenile's case was closed if no delinquency or
criminal proceeding is pending and the person has had no
subsequent delinquency adjudication or criminal conviction.
The court shall automatically order the expungement of the
juvenile court and law enforcement records within 60 business
days. For the purposes of this subsection (0.3), "disqualified
offense" means any of the following offenses: Section 8-1.2,
9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1,
10-4, 10-5, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-6, 11-6.5, 12-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2,
12-6.5, 12-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5,
18-1, 18-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2,
24-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9,
29D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal
Code of 2012, or subsection (b) of Section 8-1, paragraph (4)
of subsection (a) of Section 11-14.4, subsection (a-5) of
Section 12-3.1, paragraph (1), (2), or (3) of subsection (a) of
Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3,
paragraph (1) or (2) of subsection (a) of Section 12-7.4,
subparagraph (i) of paragraph (1) of subsection (a) of Section
12-9, subparagraph (H) of paragraph (3) of subsection (a) of
Section 24-1.6, paragraph (1) of subsection (a) of Section
25-1, or subsection (a-7) of Section 31-1 of the Criminal Code
of 2012.
(b) If the chief law enforcement officer of the agency, or
his or her designee, certifies in writing that certain
information is needed for a pending investigation involving the
commission of a felony, that information, and information
identifying the juvenile, may be retained in an intelligence
file until the investigation is terminated or for one
additional year, whichever is sooner. Retention of a portion of
a juvenile's law enforcement record does not disqualify the
remainder of his or her record from immediate automatic
expungement.
(1) Nothing in this subsection (1) precludes an eligible
minor from obtaining expungement under subsection subsections
(0.1), (0.2), or (0.3). Whenever a person has been arrested,
charged, or adjudicated delinquent for an incident occurring
before his or her 18th birthday that if committed by an adult
would be an offense, and that person's records are not eligible
for automatic expungement under subsection subsections (0.1),
(0.2), or (0.3), the person may petition the court at any time
for expungement of law enforcement records and juvenile court
records relating to the incident and, upon termination of all
juvenile court proceedings relating to that incident, the court
shall order the expungement of all records in the possession of
the Department of State Police, the clerk of the circuit court,
and law enforcement agencies relating to the incident, but only
in any of the following circumstances:
(a) the minor was arrested and no petition for
delinquency was filed with the clerk of the circuit court;
(a-5) the minor was charged with an offense and the
petition or petitions were dismissed without a finding of
delinquency;
(b) the minor was charged with an offense and was found
not delinquent of that offense;
(c) the minor was placed under supervision pursuant to
Section 5-615, and the order of supervision has since been
successfully terminated; or
(d) the minor was adjudicated for an offense which
would be a Class B misdemeanor, Class C misdemeanor, or a
petty or business offense if committed by an adult.
(1.5) January 1, 2015 (Public Act 98-637) The Department of
State Police shall allow a person to use the Access and Review
process, established in the Department of State Police, for
verifying that his or her law enforcement records relating to
incidents occurring before his or her 18th birthday eligible
under this Act have been expunged.
(1.6) (Blank). January 1, 2015 (Public Act 98-637) January
1, 2015 (Public Act 98-637)
(1.7) (Blank).
(1.8) (Blank).
(2) Any person whose delinquency adjudications are not
eligible for automatic expungement under subsection (0.3) of
this Section may petition the court to expunge all law
enforcement records relating to any incidents occurring before
his or her 18th birthday which did not result in proceedings in
criminal court and all juvenile court records with respect to
any adjudications except those based upon first degree murder
or an offense under Article 11 of the Criminal Code of 2012 if
the person is required to register under the Sex Offender
Registration Act; provided that:
(a) (blank); or
(b) 2 years have elapsed since all juvenile court
proceedings relating to him or her have been terminated and
his or her commitment to the Department of Juvenile Justice
under this Act has been terminated.
(2.5) If a minor is arrested and no petition for
delinquency is filed with the clerk of the circuit court at the
time the minor is released from custody, the youth officer, if
applicable, or other designated person from the arresting
agency, shall notify verbally and in writing to the minor or
the minor's parents or guardians that the minor shall have an
arrest record and shall provide the minor and the minor's
parents or guardians with an expungement information packet,
information regarding this State's expungement laws including
a petition to expunge juvenile records obtained from the clerk
of the circuit court.
(2.6) If a minor is referred to court then at the time of
sentencing or dismissal of the case, or successful completion
of supervision, the judge shall inform the delinquent minor of
his or her rights regarding expungement and the clerk of the
circuit court shall provide an expungement information packet
to the minor, written in plain language, including information
regarding this State's expungement laws and a petition for
expungement, a sample of a completed petition, expungement
instructions that shall include information informing the
minor that (i) once the case is expunged, it shall be treated
as if it never occurred, (ii) he or she may apply to have
petition fees waived, (iii) once he or she obtains an
expungement, he or she may not be required to disclose that he
or she had a juvenile record, and (iv) if petitioning he or she
may file the petition on his or her own or with the assistance
of an attorney. The failure of the judge to inform the
delinquent minor of his or her right to petition for
expungement as provided by law does not create a substantive
right, nor is that failure grounds for: (i) a reversal of an
adjudication of delinquency, (ii) a new trial; or (iii) an
appeal.
(2.7) (Blank).
(2.8) The petition for expungement for subsection (1) and
(2) may include multiple offenses on the same petition and
shall be substantially in the following form:
IN THE CIRCUIT COURT OF ......, ILLINOIS
........ JUDICIAL CIRCUIT
IN THE INTEREST OF ) NO.
)
)
...................)
(Name of Petitioner)
PETITION TO EXPUNGE JUVENILE RECORDS
(705 ILCS 405/5-915 (SUBSECTION 1 AND 2))
Now comes ............., petitioner, and respectfully requests
that this Honorable Court enter an order expunging all juvenile
law enforcement and court records of petitioner and in support
thereof states that: Petitioner was arrested on ..... by the
....... Police Department for the offense or offenses of
......., and:
(Check All That Apply:)
( ) a. no petition or petitions were filed with the Clerk of
the Circuit Court.
( ) b. was charged with ...... and was found not delinquent of
the offense or offenses.
( ) c. a petition or petitions were filed and the petition or
petitions were dismissed without a finding of delinquency on
.....
( ) d. on ....... placed under supervision pursuant to Section
5-615 of the Juvenile Court Act of 1987 and such order of
supervision successfully terminated on ........
( ) e. was adjudicated for the offense or offenses, which would
have been a Class B misdemeanor, a Class C misdemeanor, or a
petty offense or business offense if committed by an adult.
( ) f. was adjudicated for a Class A misdemeanor or felony,
except first degree murder or an offense under Article 11 of
the Criminal Code of 2012 if the person is required to register
under the Sex Offender Registration Act, and 2 years have
passed since the case was closed.
Petitioner .... has .... has not been arrested on charges in
this or any county other than the charges listed above. If
petitioner has been arrested on additional charges, please list
the charges below:
Charge(s): ......
Arresting Agency or Agencies: ...........
Disposition/Result: (choose from a. through f., above): .....
WHEREFORE, the petitioner respectfully requests this Honorable
Court to (1) order all law enforcement agencies to expunge all
records of petitioner to this incident or incidents, and (2) to
order the Clerk of the Court to expunge all records concerning
the petitioner regarding this incident or incidents.
......................
Petitioner (Signature)
..........................
Petitioner's Street Address
.....................
City, State, Zip Code
.............................
Petitioner's Telephone Number
Pursuant to the penalties of perjury under the Code of Civil
Procedure, 735 ILCS 5/1-109, I hereby certify that the
statements in this petition are true and correct, or on
information and belief I believe the same to be true.
......................
Petitioner (Signature)
first degree
(3) The chief judge of the circuit in which an arrest was
made or a charge was brought or any judge of that circuit
designated by the chief judge may, upon verified petition of a
person who is the subject of an arrest or a juvenile court
proceeding under subsection (1) or (2) of this Section, order
the law enforcement records or official court file, or both, to
be expunged from the official records of the arresting
authority, the clerk of the circuit court and the Department of
State Police. The person whose records are to be expunged shall
petition the court using the appropriate form containing his or
her current address and shall promptly notify the clerk of the
circuit court of any change of address. Notice of the petition
shall be served upon the State's Attorney or prosecutor charged
with the duty of prosecuting the offense, the Department of
State Police, and the arresting agency or agencies by the clerk
of the circuit court. If an objection is filed within 45 days
of the notice of the petition, the clerk of the circuit court
shall set a date for hearing after the 45-day objection period.
At the hearing the court shall hear evidence on whether the
expungement should or should not be granted. Unless the State's
Attorney or prosecutor, the Department of State Police, or an
arresting agency objects to the expungement within 45 days of
the notice, the court may enter an order granting expungement.
The clerk shall forward a certified copy of the order to the
Department of State Police and deliver a certified copy of the
order to the arresting agency.
(3.1) The Notice of Expungement shall be in substantially
the following form:
IN THE CIRCUIT COURT OF ....., ILLINOIS
.... JUDICIAL CIRCUIT
IN THE INTEREST OF ) NO.
)
)
...................)
(Name of Petitioner)
NOTICE
TO: State's Attorney
TO: Arresting Agency
................
................
................
................
TO: Illinois State Police
.....................
.....................
ATTENTION: Expungement
You are hereby notified that on ....., at ....., in courtroom
..., located at ..., before the Honorable ..., Judge, or any
judge sitting in his/her stead, I shall then and there present
a Petition to Expunge Juvenile records in the above-entitled
matter, at which time and place you may appear.
......................
Petitioner's Signature
...........................
Petitioner's Street Address
.....................
City, State, Zip Code
.............................
Petitioner's Telephone Number
PROOF OF SERVICE
On the ....... day of ......, 20..., I on oath state that I
served this notice and true and correct copies of the
above-checked documents by:
(Check One:)
delivering copies personally to each entity to whom they are
directed;
or
by mailing copies to each entity to whom they are directed by
depositing the same in the U.S. Mail, proper postage fully
prepaid, before the hour of 5:00 p.m., at the United States
Postal Depository located at .................
.........................................
Signature
Clerk of the Circuit Court or Deputy Clerk
Printed Name of Delinquent Minor/Petitioner: ....
Address: ........................................
Telephone Number: ...............................
(3.2) The Order of Expungement shall be in substantially
the following form:
IN THE CIRCUIT COURT OF ....., ILLINOIS
.... JUDICIAL CIRCUIT
IN THE INTEREST OF ) NO.
)
)
...................)
(Name of Petitioner)
DOB ................
Arresting Agency/Agencies ......
ORDER OF EXPUNGEMENT
(705 ILCS 405/5-915 (SUBSECTION 3))
This matter having been heard on the petitioner's motion and
the court being fully advised in the premises does find that
the petitioner is indigent or has presented reasonable cause to
waive all costs in this matter, IT IS HEREBY ORDERED that:
( ) 1. Clerk of Court and Department of State Police costs
are hereby waived in this matter.
( ) 2. The Illinois State Police Bureau of Identification
and the following law enforcement agencies expunge all records
of petitioner relating to an arrest dated ...... for the
offense of ......
Law Enforcement Agencies:
.........................
.........................
( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit
Court expunge all records regarding the above-captioned case.
ENTER: ......................
JUDGE
DATED: .......
Name:
Attorney for:
Address: City/State/Zip:
Attorney Number:
(3.3) The Notice of Objection shall be in substantially the
following form:
IN THE CIRCUIT COURT OF ....., ILLINOIS
....................... JUDICIAL CIRCUIT
IN THE INTEREST OF ) NO.
)
)
...................)
(Name of Petitioner)
NOTICE OF OBJECTION
TO:(Attorney, Public Defender, Minor)
.................................
.................................
TO:(Illinois State Police)
.................................
.................................
TO:(Clerk of the Court)
.................................
.................................
TO:(Judge)
.................................
.................................
TO:(Arresting Agency/Agencies)
.................................
.................................
ATTENTION: You are hereby notified that an objection has been
filed by the following entity regarding the above-named minor's
petition for expungement of juvenile records:
( ) State's Attorney's Office;
( ) Prosecutor (other than State's Attorney's Office) charged
with the duty of prosecuting the offense sought to be expunged;
( ) Department of Illinois State Police; or
( ) Arresting Agency or Agencies.
The agency checked above respectfully requests that this case
be continued and set for hearing on whether the expungement
should or should not be granted.
DATED: .......
Name:
Attorney For:
Address:
City/State/Zip:
Telephone:
Attorney No.:
FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
This matter has been set for hearing on the foregoing
objection, on ...... in room ...., located at ....., before the
Honorable ....., Judge, or any judge sitting in his/her stead.
(Only one hearing shall be set, regardless of the number of
Notices of Objection received on the same case).
A copy of this completed Notice of Objection containing the
court date, time, and location, has been sent via regular U.S.
Mail to the following entities. (If more than one Notice of
Objection is received on the same case, each one must be
completed with the court date, time and location and mailed to
the following entities):
( ) Attorney, Public Defender or Minor;
( ) State's Attorney's Office;
( ) Prosecutor (other than State's Attorney's Office) charged
with the duty of prosecuting the offense sought to be expunged;
( ) Department of Illinois State Police; and
( ) Arresting agency or agencies.
Date: ......
Initials of Clerk completing this section: .....
(4)(a) Upon entry of an order expunging records or files,
the offense, which the records or files concern shall be
treated as if it never occurred. Law enforcement officers and
other public offices and agencies shall properly reply on
inquiry that no record or file exists with respect to the
person.
(a-5) Local law enforcement agencies shall send written
notice to the minor of the expungement of any records within 60
days of automatic expungement or the date of service of an
expungement order, whichever applies. If a minor's court file
has been expunged, the clerk of the circuit court shall send
written notice to the minor of the expungement of any records
within 60 days of automatic expungement or the date of service
of an expungement order, whichever applies.
(b) Except with respect to authorized military personnel,
an expunged juvenile record may not be considered by any
private or public entity in employment matters, certification,
licensing, revocation of certification or licensure, or
registration. Applications for employment within the State
must contain specific language that states that the applicant
is not obligated to disclose expunged juvenile records of
adjudication or arrest. Employers may not ask, in any format or
context, if an applicant has had a juvenile record expunged.
Information about an expunged record obtained by a potential
employer, even inadvertently, from an employment application
that does not contain specific language that states that the
applicant is not obligated to disclose expunged juvenile
records of adjudication or arrest, shall be treated as
dissemination of an expunged record by the employer.
(c) A person whose juvenile records have been expunged is
not entitled to remission of any fines, costs, or other money
paid as a consequence of expungement.
(5) (Blank).,
(5.5) Whether or not expunged, records eligible for
automatic expungement under subdivision (0.1)(a), (0.2)(a), or
(0.3)(a) may be treated as expunged by the individual subject
to the records.
(6) Nothing in this Section shall be construed to prohibit
the maintenance of information relating to an offense after
records or files concerning the offense have been expunged if
the information is kept in a manner that does not enable
identification of the individual. This information may only be
used for anonymous statistical and bona fide research purposes.
(6.5) The Department of State Police or any employee of the
Department shall be immune from civil or criminal liability for
failure to expunge any records of arrest that are subject to
expungement under this Section because of inability to verify a
record. Nothing in this Section shall create Department of
State Police liability or responsibility for the expungement of
law enforcement records it does not possess.
(7)(a) The State Appellate Defender shall establish,
maintain, and carry out, by December 31, 2004, a juvenile
expungement program to provide information and assistance to
minors eligible to have their juvenile records expunged.
(b) The State Appellate Defender shall develop brochures,
pamphlets, and other materials in printed form and through the
agency's World Wide Web site. The pamphlets and other materials
shall include at a minimum the following information:
(i) An explanation of the State's juvenile expungement
laws, including both automatic expungement and expungement
by petition;
(ii) The circumstances under which juvenile
expungement may occur;
(iii) The juvenile offenses that may be expunged;
(iv) The steps necessary to initiate and complete the
juvenile expungement process; and
(v) Directions on how to contact the State Appellate
Defender.
(c) The State Appellate Defender shall establish and
maintain a statewide toll-free telephone number that a person
may use to receive information or assistance concerning the
expungement of juvenile records. The State Appellate Defender
shall advertise the toll-free telephone number statewide. The
State Appellate Defender shall develop an expungement
information packet that may be sent to eligible persons seeking
expungement of their juvenile records, which may include, but
is not limited to, a pre-printed expungement petition with
instructions on how to complete the petition and a pamphlet
containing information that would assist individuals through
the juvenile expungement process.
(d) The State Appellate Defender shall compile a statewide
list of volunteer attorneys willing to assist eligible
individuals through the juvenile expungement process.
(e) This Section shall be implemented from funds
appropriated by the General Assembly to the State Appellate
Defender for this purpose. The State Appellate Defender shall
employ the necessary staff and adopt the necessary rules for
implementation of this Section.
(7.5) (a) Willful dissemination of any information
contained in an expunged record shall be treated as a Class C
misdemeanor and punishable by a fine of $1,000 per violation.
(b) Willful dissemination for financial gain of any
information contained in an expunged record shall be treated as
a Class 4 felony. Dissemination for financial gain by an
employee of any municipal, county, or State agency, including
law enforcement, shall result in immediate termination.
(c) The person whose record was expunged has a right of
action against any person who intentionally disseminates an
expunged record. In the proceeding, punitive damages up to an
amount of $1,000 may be sought in addition to any actual
damages. The prevailing party shall be entitled to costs and
reasonable attorney fees.
(d) The punishments for dissemination of an expunged record
shall never apply to the person whose record was expunged.
(8)(a) An expunged juvenile record may not be considered by
any private or public entity in employment matters,
certification, licensing, revocation of certification or
licensure, or registration. Applications for employment must
contain specific language that states that the applicant is not
obligated to disclose expunged juvenile records of
adjudication, conviction, or arrest. Employers may not ask if
an applicant has had a juvenile record expunged. Effective
January 1, 2005, the Department of Labor shall develop a link
on the Department's website to inform employers that employers
may not ask if an applicant had a juvenile record expunged and
that application for employment must contain specific language
that states that the applicant is not obligated to disclose
expunged juvenile records of adjudication, arrest, or
conviction.
(b) (Blank). Public Act 93-912
(c) The expungement of juvenile records under subsection
subsections 0.1, 0.2, or 0.3 of this Section shall be funded by
appropriation by the General Assembly for that purpose the
additional fine imposed under Section 5-9-1.17 of the Unified
Code of Corrections.
(9) (Blank).
(10) (Blank). Public Act 98-637 Public Act 98-637
(Source: P.A. 99-835, eff. 1-1-17; 99-881, eff. 1-1-17;
100-201, eff. 8-18-17; 100-285, eff. 1-1-18; revised
10-10-17.)
Section 905-65. The Criminal Code of 2012 is amended by
changing Section 12-3.4 as follows:
(720 ILCS 5/12-3.4) (was 720 ILCS 5/12-30)
Sec. 12-3.4. Violation of an order of protection.
(a) A person commits violation of an order of protection
if:
(1) He or she knowingly commits an act which was
prohibited by a court or fails to commit an act which was
ordered by a court in violation of:
(i) a remedy in a valid order of protection
authorized under paragraphs (1), (2), (3), (14), or
(14.5) of subsection (b) of Section 214 of the Illinois
Domestic Violence Act of 1986,
(ii) a remedy, which is substantially similar to
the remedies authorized under paragraphs (1), (2),
(3), (14) or (14.5) of subsection (b) of Section 214 of
the Illinois Domestic Violence Act of 1986, in a valid
order of protection, which is authorized under the laws
of another state, tribe or United States territory,
(iii) any other remedy when the act constitutes a
crime against the protected parties as the term
protected parties is defined in Section 112A-4 of the
Code of Criminal Procedure of 1963; and
(2) Such violation occurs after the offender has been
served notice of the contents of the order, pursuant to the
Illinois Domestic Violence Act of 1986 or any substantially
similar statute of another state, tribe or United States
territory, or otherwise has acquired actual knowledge of
the contents of the order.
An order of protection issued by a state, tribal or
territorial court related to domestic or family violence shall
be deemed valid if the issuing court had jurisdiction over the
parties and matter under the law of the state, tribe or
territory. There shall be a presumption of validity where an
order is certified and appears authentic on its face. For
purposes of this Section, an "order of protection" may have
been issued in a criminal or civil proceeding.
(a-5) Failure to provide reasonable notice and opportunity
to be heard shall be an affirmative defense to any charge or
process filed seeking enforcement of a foreign order of
protection.
(b) Nothing in this Section shall be construed to diminish
the inherent authority of the courts to enforce their lawful
orders through civil or criminal contempt proceedings.
(c) The limitations placed on law enforcement liability by
Section 305 of the Illinois Domestic Violence Act of 1986 apply
to actions taken under this Section.
(d) Violation of an order of protection is a Class A
misdemeanor. Violation of an order of protection is a Class 4
felony if the defendant has any prior conviction under this
Code for domestic battery (Section 12-3.2) or violation of an
order of protection (Section 12-3.4 or 12-30) or any prior
conviction under the law of another jurisdiction for an offense
that could be charged in this State as a domestic battery or
violation of an order of protection. Violation of an order of
protection is a Class 4 felony if the defendant has any prior
conviction under this Code for first degree murder (Section
9-1), attempt to commit first degree murder (Section 8-4),
aggravated domestic battery (Section 12-3.3), aggravated
battery (Section 12-3.05 or 12-4), heinous battery (Section
12-4.1), aggravated battery with a firearm (Section 12-4.2),
aggravated battery with a machine gun or a firearm equipped
with a silencer (Section 12-4.2-5), aggravated battery of a
child (Section 12-4.3), aggravated battery of an unborn child
(subsection (a-5) of Section 12-3.1, or Section 12-4.4),
aggravated battery of a senior citizen (Section 12-4.6),
stalking (Section 12-7.3), aggravated stalking (Section
12-7.4), criminal sexual assault (Section 11-1.20 or 12-13),
aggravated criminal sexual assault (Section 11-1.30 or 12-14),
kidnapping (Section 10-1), aggravated kidnapping (Section
10-2), predatory criminal sexual assault of a child (Section
11-1.40 or 12-14.1), aggravated criminal sexual abuse (Section
11-1.60 or 12-16), unlawful restraint (Section 10-3),
aggravated unlawful restraint (Section 10-3.1), aggravated
arson (Section 20-1.1), aggravated discharge of a firearm
(Section 24-1.2), or a violation of any former law of this
State that is substantially similar to any listed offense, or
any prior conviction under the law of another jurisdiction for
an offense that could be charged in this State as one of the
offenses listed in this Section, when any of these offenses
have been committed against a family or household member as
defined in Section 112A-3 of the Code of Criminal Procedure of
1963. The court shall impose a minimum penalty of 24 hours
imprisonment for defendant's second or subsequent violation of
any order of protection; unless the court explicitly finds that
an increased penalty or such period of imprisonment would be
manifestly unjust. In addition to any other penalties, the
court may order the defendant to pay a fine as authorized under
Section 5-9-1 of the Unified Code of Corrections or to make
restitution to the victim under Section 5-5-6 of the Unified
Code of Corrections. In addition to any other penalties,
including those imposed by Section 5-9-1.5 of the Unified Code
of Corrections, the court shall impose an additional fine of
$20 as authorized by Section 5-9-1.11 of the Unified Code of
Corrections upon any person convicted of or placed on
supervision for a violation of this Section. The additional
fine shall be imposed for each violation of this Section.
(e) (Blank).
(f) A defendant who directed the actions of a third party
to violate this Section, under the principles of accountability
set forth in Article 5 of this Code, is guilty of violating
this Section as if the same had been personally done by the
defendant, without regard to the mental state of the third
party acting at the direction of the defendant.
(Source: P.A. 96-1551, Article 1, Section 5, eff. 7-1-11;
96-1551, Article 2, Section 1035, eff. 7-1-11; incorporates
97-311, eff. 8-11-11; 97-919, eff. 8-10-12; 97-1109, eff.
1-1-13.)
(720 ILCS 550/10.3 rep.)
Section 905-67. The Cannabis Control Act is amended by
repealing Section 10.3.
Section 905-70. The Illinois Controlled Substances Act is
amended by changing Section 411.2 as follows:
(720 ILCS 570/411.2) (from Ch. 56 1/2, par. 1411.2)
Sec. 411.2. Drug Treatment Fund; drug treatment grants.
(a) (Blank). Every person convicted of a violation of this
Act, and every person placed on probation, conditional
discharge, supervision or probation under Section 410 of this
Act, shall be assessed for each offense a sum fixed at:
(1) $3,000 for a Class X felony;
(2) $2,000 for a Class 1 felony;
(3) $1,000 for a Class 2 felony;
(4) $500 for a Class 3 or Class 4 felony;
(5) $300 for a Class A misdemeanor;
(6) $200 for a Class B or Class C misdemeanor.
(b) (Blank). The assessment under this Section is in
addition to and not in lieu of any fines, restitution costs,
forfeitures or other assessments authorized or required by law.
(c) (Blank). As a condition of the assessment, the court
may require that payment be made in specified installments or
within a specified period of time. If the assessment is not
paid within the period of probation, conditional discharge or
supervision to which the defendant was originally sentenced,
the court may extend the period of probation, conditional
discharge or supervision pursuant to Section 5-6-2 or 5-6-3.1
of the Unified Code of Corrections, as applicable, until the
assessment is paid or until successful completion of public or
community service set forth in subsection (e) or the successful
completion of the substance abuse intervention or treatment
program set forth in subsection (f). If a term of probation,
conditional discharge or supervision is not imposed, the
assessment shall be payable upon judgment or as directed by the
court.
(d) (Blank). If an assessment for a violation of this Act
is imposed on an organization, it is the duty of each
individual authorized to make disbursements of the assets of
the organization to pay the assessment from assets of the
organization.
(e) (Blank). A defendant who has been ordered to pay an
assessment may petition the court to convert all or part of the
assessment into court-approved public or community service.
One hour of public or community service shall be equivalent to
$4 of assessment. The performance of this public or community
service shall be a condition of the probation, conditional
discharge or supervision and shall be in addition to the
performance of any other period of public or community service
ordered by the court or required by law.
(f) (Blank). The court may suspend the collection of the
assessment imposed under this Section; provided the defendant
agrees to enter a substance abuse intervention or treatment
program approved by the court; and further provided that the
defendant agrees to pay for all or some portion of the costs
associated with the intervention or treatment program. In this
case, the collection of the assessment imposed under this
Section shall be suspended during the defendant's
participation in the approved intervention or treatment
program. Upon successful completion of the program, the
defendant may apply to the court to reduce the assessment
imposed under this Section by any amount actually paid by the
defendant for his or her participation in the program. The
court shall not reduce the penalty under this subsection unless
the defendant establishes to the satisfaction of the court that
he or she has successfully completed the intervention or
treatment program. If the defendant's participation is for any
reason terminated before his or her successful completion of
the intervention or treatment program, collection of the entire
assessment imposed under this Section shall be enforced.
Nothing in this Section shall be deemed to affect or suspend
any other fines, restitution costs, forfeitures or assessments
imposed under this or any other Act.
(g) (Blank). The court shall not impose more than one
assessment per complaint, indictment or information. If the
person is convicted of more than one offense in a complaint,
indictment or information, the assessment shall be based on the
highest class offense for which the person is convicted.
(h) The In counties under 3,000,000, all moneys collected
under this Section shall be forwarded by the clerk of the
circuit court to the State Treasurer for deposit in the Drug
Treatment Fund, which is hereby established as a special fund
within the State Treasury. The Department of Human Services may
make grants to persons licensed under Section 15-10 of the
Alcoholism and Other Drug Abuse and Dependency Act or to
municipalities or counties from funds appropriated to the
Department from the Drug Treatment Fund for the treatment of
pregnant women who are addicted to alcohol, cannabis or
controlled substances and for the needed care of minor,
unemancipated children of women undergoing residential drug
treatment. If the Department of Human Services grants funds to
a municipality or a county that the Department determines is
not experiencing a problem with pregnant women addicted to
alcohol, cannabis or controlled substances, or with care for
minor, unemancipated children of women undergoing residential
drug treatment, or intervention, the funds shall be used for
the treatment of any person addicted to alcohol, cannabis or
controlled substances. The Department may adopt such rules as
it deems appropriate for the administration of such grants.
(i) (Blank). In counties over 3,000,000, all moneys
collected under this Section shall be forwarded to the County
Treasurer for deposit into the County Health Fund. The County
Treasurer shall, no later than the 15th day of each month,
forward to the State Treasurer 30 percent of all moneys
collected under this Act and received into the County Health
Fund since the prior remittance to the State Treasurer. Funds
retained by the County shall be used for community-based
treatment of pregnant women who are addicted to alcohol,
cannabis, or controlled substances or for the needed care of
minor, unemancipated children of these women. Funds forwarded
to the State Treasurer shall be deposited into the State Drug
Treatment Fund maintained by the State Treasurer from which the
Department of Human Services may make grants to persons
licensed under Section 15-10 of the Alcoholism and Other Drug
Abuse and Dependency Act or to municipalities or counties from
funds appropriated to the Department from the Drug Treatment
Fund, provided that the moneys collected from each county be
returned proportionately to the counties through grants to
licensees located within the county from which the assessment
was received and moneys in the State Drug Treatment Fund shall
not supplant other local, State or federal funds. If the
Department of Human Services grants funds to a municipality or
county that the Department determines is not experiencing a
problem with pregnant women addicted to alcohol, cannabis or
controlled substances, or with care for minor, unemancipated
children or women undergoing residential drug treatment, the
funds shall be used for the treatment of any person addicted to
alcohol, cannabis or controlled substances. The Department may
adopt such rules as it deems appropriate for the administration
of such grants.
(Source: P.A. 97-334, eff. 1-1-12.)
(720 ILCS 570/411.4 rep.)
Section 905-73. The Illinois Controlled Substances Act is
amended by repealing Section 411.4.
Section 905-75. The Methamphetamine Control and Community
Protection Act is amended by changing Sections 80 and 90 as
follows:
(720 ILCS 646/80)
Sec. 80. Drug treatment grants Assessment.
(a) (Blank). Every person convicted of a violation of this
Act, and every person placed on probation, conditional
discharge, supervision, or probation under this Act, shall be
assessed for each offense a sum fixed at:
(1) $3,000 for a Class X felony;
(2) $2,000 for a Class 1 felony;
(3) $1,000 for a Class 2 felony;
(4) $500 for a Class 3 or Class 4 felony.
(b) (Blank). The assessment under this Section is in
addition to and not in lieu of any fines, restitution, costs,
forfeitures, or other assessments authorized or required by
law.
(c) (Blank). As a condition of the assessment, the court
may require that payment be made in specified installments or
within a specified period of time. If the assessment is not
paid within the period of probation, conditional discharge, or
supervision to which the defendant was originally sentenced,
the court may extend the period of probation, conditional
discharge, or supervision pursuant to Section 5-6-2 or 5-6-3.1
of the Unified Code of Corrections, as applicable, until the
assessment is paid or until successful completion of public or
community service set forth in subsection (e) or the successful
completion of the substance abuse intervention or treatment
program set forth in subsection (f). If a term of probation,
conditional discharge, or supervision is not imposed, the
assessment shall be payable upon judgment or as directed by the
court.
(d) (Blank). If an assessment for a violation of this Act
is imposed on an organization, it is the duty of each
individual authorized to make disbursements of the assets of
the organization to pay the assessment from assets of the
organization.
(e) (Blank). A defendant who has been ordered to pay an
assessment may petition the court to convert all or part of the
assessment into court-approved public or community service.
One hour of public or community service shall be equivalent to
$4 of assessment. The performance of this public or community
service shall be a condition of the probation, conditional
discharge, or supervision and shall be in addition to the
performance of any other period of public or community service
ordered by the court or required by law.
(f) (Blank). The court may suspend the collection of the
assessment imposed under this Section if the defendant agrees
to enter a substance abuse intervention or treatment program
approved by the court and the defendant agrees to pay for all
or some portion of the costs associated with the intervention
or treatment program. In this case, the collection of the
assessment imposed under this Section shall be suspended during
the defendant's participation in the approved intervention or
treatment program. Upon successful completion of the program,
the defendant may apply to the court to reduce the assessment
imposed under this Section by any amount actually paid by the
defendant for his or her participation in the program. The
court shall not reduce the penalty under this subsection unless
the defendant establishes to the satisfaction of the court that
he or she has successfully completed the intervention or
treatment program. If the defendant's participation is for any
reason terminated before his or her successful completion of
the intervention or treatment program, collection of the entire
assessment imposed under this Section shall be enforced.
Nothing in this Section shall be deemed to affect or suspend
any other fines, restitution costs, forfeitures, or
assessments imposed under this or any other Act.
(g) (Blank). The court shall not impose more than one
assessment per complaint, indictment, or information. If the
person is convicted of more than one offense in a complaint,
indictment, or information, the assessment shall be based on
the highest class offense for which the person is convicted.
(h) In counties with a population under 3,000,000, all
moneys collected under this Section shall be forwarded by the
clerk of the circuit court to the State Treasurer for deposit
in the Drug Treatment Fund. The Department of Human Services
may make grants to persons licensed under Section 15-10 of the
Alcoholism and Other Drug Abuse and Dependency Act or to
municipalities or counties from funds appropriated to the
Department from the Drug Treatment Fund for the treatment of
pregnant women who are addicted to alcohol, cannabis or
controlled substances and for the needed care of minor,
unemancipated children of women undergoing residential drug
treatment. If the Department of Human Services grants funds to
a municipality or a county that the Department determines is
not experiencing a problem with pregnant women addicted to
alcohol, cannabis or controlled substances, or with care for
minor, unemancipated children of women undergoing residential
drug treatment, or intervention, the funds shall be used for
the treatment of any person addicted to alcohol, cannabis, or
controlled substances. The Department may adopt such rules as
it deems appropriate for the administration of such grants.
(i) (Blank). In counties with a population of 3,000,000 or
more, all moneys collected under this Section shall be
forwarded to the County Treasurer for deposit into the County
Health Fund. The County Treasurer shall, no later than the 15th
day of each month, forward to the State Treasurer 30 percent of
all moneys collected under this Act and received into the
County Health Fund since the prior remittance to the State
Treasurer. Funds retained by the County shall be used for
community-based treatment of pregnant women who are addicted to
alcohol, cannabis, or controlled substances or for the needed
care of minor, unemancipated children of these women. Funds
forwarded to the State Treasurer shall be deposited into the
State Drug Treatment Fund maintained by the State Treasurer
from which the Department of Human Services may make grants to
persons licensed under Section 15-10 of the Alcoholism and
Other Drug Abuse and Dependency Act or to municipalities or
counties from funds appropriated to the Department from the
Drug Treatment Fund, provided that the moneys collected from
each county be returned proportionately to the counties through
grants to licensees located within the county from which the
assessment was received and moneys in the State Drug Treatment
Fund shall not supplant other local, State or federal funds. If
the Department of Human Services grants funds to a municipality
or county that the Department determines is not experiencing a
problem with pregnant women addicted to alcohol, cannabis or
controlled substances, or with care for minor, unemancipated
children or women undergoing residential drug treatment, the
funds shall be used for the treatment of any person addicted to
alcohol, cannabis or controlled substances. The Department may
adopt such rules as it deems appropriate for the administration
of such grants.
(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;
(2) second, to the local agencies involved in the
emergency response;
(3) third, to the State agencies involved in the
emergency response; and
(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
remitted to the State Treasurer and deposited into the State
Police Operations Assistance Fund Traffic and Criminal
Conviction Surcharge Fund.
(Source: P.A. 97-434, eff. 1-1-12.)
Section 905-80. The Code of Criminal Procedure of 1963 is
amended by adding Section 124A-20 as follows:
(725 ILCS 5/124A-20 new)
Sec. 124A-20. Assessment waiver.
(a) As used in this Section:
"Assessments" means any costs imposed on a criminal
defendant under Article 15 of the Criminal and Traffic
Assessment Act, but does not include violation of the
Illinois Vehicle Code assessments.
"Indigent person" means any person who meets one or
more of the following criteria:
(1) He or she is receiving assistance under one or
more of the following means-based governmental public
benefits programs: Supplemental Security Income; Aid
to the Aged, Blind and Disabled; Temporary Assistance
for Needy Families; Supplemental Nutrition Assistance
Program; General Assistance; Transitional Assistance;
or State Children and Family Assistance.
(2) His or her available personal income is 200% or
less of the current poverty level, unless the
applicant's assets that are not exempt under Part 9 or
10 of Article XII of the Code of Civil Procedure are of
a nature and value that the court determines that the
applicant is able to pay the assessments.
(3) He or she is, in the discretion of the court,
unable to proceed in an action with payment of
assessments and whose payment of those assessments
would result in substantial hardship to the person or
his or her family.
"Poverty level" means the current poverty level as
established by the United States Department of Health and
Human Services.
(b) Upon the application of any defendant, after the
commencement of an action, but no later than 30 days after
sentencing:
(1) If the court finds that the applicant is an
indigent person, the court shall grant the applicant a full
assessment waiver exempting him or her from the payment of
any assessments.
(2) The court shall grant the applicant a partial
assessment as follows:
(A) 75% of all assessments shall be waived if the
applicant's available income is greater than 200% but
no more than 250% of the poverty level, unless the
applicant's assets that are not exempt under Part 9 or
10 of Article XII of the Code of Civil Procedure are
such that the applicant is able, without undue
hardship, to pay the total assessments.
(B) 50% of all assessments shall be waived if the
applicant's available income is greater than 250% but
no more than 300% of the poverty level, unless the
applicant's assets that are not exempt under Part 9 or
10 of Article XII of the Code of Civil Procedure are
such that the court determines that the applicant is
able, without undue hardship, to pay a greater portion
of the assessments.
(C) 25% of all assessments shall be waived if the
applicant's available income is greater than 300% but
no more than 400% of the poverty level, unless the
applicant's assets that are not exempt under Part 9 or
10 of Article XII of the Code of Civil Procedure are
such that the court determines that the applicant is
able, without undue hardship, to pay a greater portion
of the assessments.
(c) An application for a waiver of assessments shall be in
writing, signed by the defendant or, if the defendant is a
minor, by another person having knowledge of the facts, and
filed no later than 30 days after sentencing. The contents of
the application for a waiver of assessments, and the procedure
for deciding the applications, shall be established by Supreme
Court Rule. Factors to consider in evaluating an application
shall include:
(1) the applicant's receipt of needs based
governmental public benefits, including Supplemental
Security Income (SSI); Aid to the Aged, Blind and Disabled
(ADBD); Temporary Assistance for Needy Families (TANF);
Supplemental Nutrition Assistance Program (SNAP or "food
stamps"); General Assistance; Transitional Assistance; or
State Children and Family Assistance;
(2) the employment status of the applicant and amount
of monthly income, if any;
(3) income received from the applicant's pension,
Social Security benefits, unemployment benefits, and other
sources;
(4) income received by the applicant from other
household members;
(5) the applicant's monthly expenses, including rent,
home mortgage, other mortgage, utilities, food, medical,
vehicle, childcare, debts, child support, and other
expenses; and
(6) financial affidavits or other similar supporting
documentation provided by the applicant showing that
payment of the imposed assessments would result in
substantial hardship to the applicant or the applicant's
family.
(d) The clerk of court shall provide the application for a
waiver of assessments to any defendant who indicates an
inability to pay the assessments. The clerk of the court shall
post in a conspicuous place in the courthouse a notice, no
smaller than 8.5 x 11 inches and using no smaller than 30-point
typeface printed in English and in Spanish, advising criminal
defendants they may ask the court for a waiver of any court
ordered assessments. The notice shall be substantially as
follows:
"If you are unable to pay the required assessments, you
may ask the court to waive payment of them. Ask the clerk
of the court for forms."
(e) For good cause shown, the court may allow an applicant
whose application is denied or who receives a partial
assessment waiver to defer payment of the assessments, make
installment payments, or make payment upon reasonable terms and
conditions stated in the order.
(f) Nothing in this Section shall be construed to affect
the right of a party to court-appointed counsel, as authorized
by any other provision of law or by the rules of the Illinois
Supreme Court.
(g) The provisions of this Section are severable under
Section 1.31 of the Statute on Statutes.
Section 905-85. The Violent Crime Victims Assistance Act is
amended by changing Section 10 as follows:
(725 ILCS 240/10) (from Ch. 70, par. 510)
Sec. 10. Violent Crime Victims Assistance Fund.
(a) The "Violent Crime Victims Assistance Fund" is created
as a special fund in the State Treasury to provide monies for
the grants to be awarded under this Act.
(b) (Blank). When any person is convicted in Illinois of an
offense listed below, or placed on supervision for that offense
on or after July 1, 2012, the court shall impose the following
fines:
(1) $100 for any felony;
(2) $50 for any offense under the Illinois Vehicle
Code, exclusive of offenses enumerated in paragraph (a)(2)
of Section 6-204 of that Code, and exclusive of any offense
enumerated in Article VI of Chapter 11 of that Code
relating to restrictions, regulations, and limitations on
the speed at which a motor vehicle is driven or operated;
and
(3) $75 for any misdemeanor, excluding a conservation
offense.
Notwithstanding any other provision of this Section, the
penalty established in this Section shall be assessed for any
violation of Section 11-601.5, 11-605.2, or 11-605.3 of the
Illinois Vehicle Code.
The Clerk of the Circuit Court shall remit moneys collected
under this subsection (b) within one month after receipt to the
State Treasurer for deposit into the Violent Crime Victims
Assistance Fund, except as provided in subsection (g) of this
Section. Such additional penalty shall not be considered a part
of the fine for purposes of any reduction made in the fine for
time served either before or after sentencing. Not later than
March 1 of each year the Clerk of the Circuit Court shall
submit to the State Comptroller a report of the amount of funds
remitted by him to the State Treasurer under this Section
during the preceding calendar year.
(c) (Blank). The charge imposed by subsection (b) shall not
be subject to the provisions of Section 110-14 of the Code of
Criminal Procedure of 1963.
(d) Monies forfeited, and proceeds from the sale of
property forfeited and seized, under the forfeiture provisions
set forth in Part 500 of Article 124B of the Code of Criminal
Procedure of 1963 shall be accepted for the Violent Crime
Victims Assistance Fund.
(e) Investment income which is attributable to the
investment of monies in the Violent Crime Victims Assistance
Fund shall be credited to that fund for uses specified in this
Act. The Treasurer shall provide the Attorney General a monthly
status report on the amount of money in the Fund.
(f) Monies from the fund may be granted on and after July
1, 1984.
(g) (Blank). All amounts and charges 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, or 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. 96-712, eff. 1-1-10; 97-108, eff. 7-14-11;
97-816, eff. 7-16-12.)
Section 905-90. The Unified Code of Corrections is amended
by changing Sections 5-4-3, 5-4.5-50, 5-4.5-55, 5-4.5-60,
5-4.5-65, 5-4.5-75, 5-4.5-80, 5-5-3, 5-5-6, 5-6-1, 5-6-3,
5-6-3.1, 5-7-1, 5-9-1, 5-9-1.4, 5-9-1.7, 5-9-1.9, 5-9-1.11,
5-9-1.16, and 5-9-1.21 as follows:
(730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
Sec. 5-4-3. Specimens; genetic marker groups.
(a) Any person convicted of, found guilty under the
Juvenile Court Act of 1987 for, or who received a disposition
of court supervision for, a qualifying offense or attempt of a
qualifying offense, convicted or found guilty of any offense
classified as a felony under Illinois law, convicted or found
guilty of any offense requiring registration under the Sex
Offender Registration Act, found guilty or given supervision
for any offense classified as a felony under the Juvenile Court
Act of 1987, convicted or found guilty of, under the Juvenile
Court Act of 1987, any offense requiring registration under the
Sex Offender Registration Act, or institutionalized as a
sexually dangerous person under the Sexually Dangerous Persons
Act, or committed as a sexually violent person under the
Sexually Violent Persons Commitment Act shall, regardless of
the sentence or disposition imposed, be required to submit
specimens of blood, saliva, or tissue to the Illinois
Department of State Police in accordance with the provisions of
this Section, provided such person is:
(1) convicted of a qualifying offense or attempt of a
qualifying offense on or after July 1, 1990 and sentenced
to a term of imprisonment, periodic imprisonment, fine,
probation, conditional discharge or any other form of
sentence, or given a disposition of court supervision for
the offense;
(1.5) found guilty or given supervision under the
Juvenile Court Act of 1987 for a qualifying offense or
attempt of a qualifying offense on or after January 1,
1997;
(2) ordered institutionalized as a sexually dangerous
person on or after July 1, 1990;
(3) convicted of a qualifying offense or attempt of a
qualifying offense before July 1, 1990 and is presently
confined as a result of such conviction in any State
correctional facility or county jail or is presently
serving a sentence of probation, conditional discharge or
periodic imprisonment as a result of such conviction;
(3.5) convicted or found guilty of any offense
classified as a felony under Illinois law or found guilty
or given supervision for such an offense under the Juvenile
Court Act of 1987 on or after August 22, 2002;
(4) presently institutionalized as a sexually
dangerous person or presently institutionalized as a
person found guilty but mentally ill of a sexual offense or
attempt to commit a sexual offense; or
(4.5) ordered committed as a sexually violent person on
or after the effective date of the Sexually Violent Persons
Commitment Act.
(a-1) Any person incarcerated in a facility of the Illinois
Department of Corrections or the Illinois Department of
Juvenile Justice on or after August 22, 2002, whether for a
term of years, natural life, or a sentence of death, who has
not yet submitted a specimen of blood, saliva, or tissue shall
be required to submit a specimen of blood, saliva, or tissue
prior to his or her final discharge, or release on parole,
aftercare release, or mandatory supervised release, as a
condition of his or her parole, aftercare release, or mandatory
supervised release, or within 6 months from August 13, 2009
(the effective date of Public Act 96-426), whichever is sooner.
A person incarcerated on or after August 13, 2009 (the
effective date of Public Act 96-426) shall be required to
submit a specimen within 45 days of incarceration, or prior to
his or her final discharge, or release on parole, aftercare
release, or mandatory supervised release, as a condition of his
or her parole, aftercare release, or mandatory supervised
release, whichever is sooner. These specimens shall be placed
into the State or national DNA database, to be used in
accordance with other provisions of this Section, by the
Illinois State Police.
(a-2) Any person sentenced to life imprisonment in a
facility of the Illinois Department of Corrections after the
effective date of this amendatory Act of the 94th General
Assembly or sentenced to death after the effective date of this
amendatory Act of the 94th General Assembly shall be required
to provide a specimen of blood, saliva, or tissue within 45
days after sentencing or disposition at a collection site
designated by the Illinois Department of State Police. Any
person serving a sentence of life imprisonment in a facility of
the Illinois Department of Corrections on the effective date of
this amendatory Act of the 94th General Assembly or any person
who is under a sentence of death on the effective date of this
amendatory Act of the 94th General Assembly shall be required
to provide a specimen of blood, saliva, or tissue upon request
at a collection site designated by the Illinois Department of
State Police.
(a-3) Any person seeking transfer to or residency in
Illinois under Sections 3-3-11.05 through 3-3-11.5 of this
Code, the Interstate Compact for Adult Offender Supervision, or
the Interstate Agreements on Sexually Dangerous Persons Act
shall be required to provide a specimen of blood, saliva, or
tissue within 45 days after transfer to or residency in
Illinois at a collection site designated by the Illinois
Department of State Police.
(a-3.1) Any person required by an order of the court to
submit a DNA specimen shall be required to provide a specimen
of blood, saliva, or tissue within 45 days after the court
order at a collection site designated by the Illinois
Department of State Police.
(a-3.2) On or after January 1, 2012 (the effective date of
Public Act 97-383), any person arrested for any of the
following offenses, after an indictment has been returned by a
grand jury, or following a hearing pursuant to Section 109-3 of
the Code of Criminal Procedure of 1963 and a judge finds there
is probable cause to believe the arrestee has committed one of
the designated offenses, or an arrestee has waived a
preliminary hearing shall be required to provide a specimen of
blood, saliva, or tissue within 14 days after such indictment
or hearing at a collection site designated by the Illinois
Department of State Police:
(A) first degree murder;
(B) home invasion;
(C) predatory criminal sexual assault of a child;
(D) aggravated criminal sexual assault; or
(E) criminal sexual assault.
(a-3.3) Any person required to register as a sex offender
under the Sex Offender Registration Act, regardless of the date
of conviction as set forth in subsection (c-5.2) shall be
required to provide a specimen of blood, saliva, or tissue
within the time period prescribed in subsection (c-5.2) at a
collection site designated by the Illinois Department of State
Police.
(a-5) Any person who was otherwise convicted of or received
a disposition of court supervision for any other offense under
the Criminal Code of 1961 or the Criminal Code of 2012 or who
was found guilty or given supervision for such a violation
under the Juvenile Court Act of 1987, may, regardless of the
sentence imposed, be required by an order of the court to
submit specimens of blood, saliva, or tissue to the Illinois
Department of State Police in accordance with the provisions of
this Section.
(b) Any person required by paragraphs (a)(1), (a)(1.5),
(a)(2), (a)(3.5), and (a-5) to provide specimens of blood,
saliva, or tissue shall provide specimens of blood, saliva, or
tissue within 45 days after sentencing or disposition at a
collection site designated by the Illinois Department of State
Police.
(c) Any person required by paragraphs (a)(3), (a)(4), and
(a)(4.5) to provide specimens of blood, saliva, or tissue shall
be required to provide such specimens prior to final discharge
or within 6 months from August 13, 2009 (the effective date of
Public Act 96-426), whichever is sooner. These specimens shall
be placed into the State or national DNA database, to be used
in accordance with other provisions of this Act, by the
Illinois State Police.
(c-5) Any person required by paragraph (a-3) to provide
specimens of blood, saliva, or tissue shall, where feasible, be
required to provide the specimens before being accepted for
conditioned residency in Illinois under the interstate compact
or agreement, but no later than 45 days after arrival in this
State.
(c-5.2) Unless it is determined that a registered sex
offender has previously submitted a specimen of blood, saliva,
or tissue that has been placed into the State DNA database, a
person registering as a sex offender shall be required to
submit a specimen at the time of his or her initial
registration pursuant to the Sex Offender Registration Act or,
for a person registered as a sex offender on or prior to
January 1, 2012 (the effective date of Public Act 97-383),
within one year of January 1, 2012 (the effective date of
Public Act 97-383) or at the time of his or her next required
registration.
(c-6) The Illinois Department of State Police may determine
which type of specimen or specimens, blood, saliva, or tissue,
is acceptable for submission to the Division of Forensic
Services for analysis. The Illinois Department of State Police
may require the submission of fingerprints from anyone required
to give a specimen under this Act.
(d) The Illinois Department of State Police shall provide
all equipment and instructions necessary for the collection of
blood specimens. The collection of specimens shall be performed
in a medically approved manner. Only a physician authorized to
practice medicine, a registered nurse or other qualified person
trained in venipuncture may withdraw blood for the purposes of
this Act. The specimens shall thereafter be forwarded to the
Illinois Department of State Police, Division of Forensic
Services, for analysis and categorizing into genetic marker
groupings.
(d-1) The Illinois Department of State Police shall provide
all equipment and instructions necessary for the collection of
saliva specimens. The collection of saliva specimens shall be
performed in a medically approved manner. Only a person trained
in the instructions promulgated by the Illinois State Police on
collecting saliva may collect saliva for the purposes of this
Section. The specimens shall thereafter be forwarded to the
Illinois Department of State Police, Division of Forensic
Services, for analysis and categorizing into genetic marker
groupings.
(d-2) The Illinois Department of State Police shall provide
all equipment and instructions necessary for the collection of
tissue specimens. The collection of tissue specimens shall be
performed in a medically approved manner. Only a person trained
in the instructions promulgated by the Illinois State Police on
collecting tissue may collect tissue for the purposes of this
Section. The specimens shall thereafter be forwarded to the
Illinois Department of State Police, Division of Forensic
Services, for analysis and categorizing into genetic marker
groupings.
(d-5) To the extent that funds are available, the Illinois
Department of State Police shall contract with qualified
personnel and certified laboratories for the collection,
analysis, and categorization of known specimens, except as
provided in subsection (n) of this Section.
(d-6) Agencies designated by the Illinois Department of
State Police and the Illinois Department of State Police may
contract with third parties to provide for the collection or
analysis of DNA, or both, of an offender's blood, saliva, and
tissue specimens, except as provided in subsection (n) of this
Section.
(e) The genetic marker groupings shall be maintained by the
Illinois Department of State Police, Division of Forensic
Services.
(f) The genetic marker grouping analysis information
obtained pursuant to this Act shall be confidential and shall
be released only to peace officers of the United States, of
other states or territories, of the insular possessions of the
United States, of foreign countries duly authorized to receive
the same, to all peace officers of the State of Illinois and to
all prosecutorial agencies, and to defense counsel as provided
by Section 116-5 of the Code of Criminal Procedure of 1963. The
genetic marker grouping analysis information obtained pursuant
to this Act shall be used only for (i) valid law enforcement
identification purposes and as required by the Federal Bureau
of Investigation for participation in the National DNA
database, (ii) technology validation purposes, (iii) a
population statistics database, (iv) quality assurance
purposes if personally identifying information is removed, (v)
assisting in the defense of the criminally accused pursuant to
Section 116-5 of the Code of Criminal Procedure of 1963, or
(vi) identifying and assisting in the prosecution of a person
who is suspected of committing a sexual assault as defined in
Section 1a of the Sexual Assault Survivors Emergency Treatment
Act. Notwithstanding any other statutory provision to the
contrary, all information obtained under this Section shall be
maintained in a single State data base, which may be uploaded
into a national database, and which information may be subject
to expungement only as set forth in subsection (f-1).
(f-1) Upon receipt of notification of a reversal of a
conviction based on actual innocence, or of the granting of a
pardon pursuant to Section 12 of Article V of the Illinois
Constitution, if that pardon document specifically states that
the reason for the pardon is the actual innocence of an
individual whose DNA record has been stored in the State or
national DNA identification index in accordance with this
Section by the Illinois Department of State Police, the DNA
record shall be expunged from the DNA identification index, and
the Department shall by rule prescribe procedures to ensure
that the record and any specimens, analyses, or other documents
relating to such record, whether in the possession of the
Department or any law enforcement or police agency, or any
forensic DNA laboratory, including any duplicates or copies
thereof, are destroyed and a letter is sent to the court
verifying the expungement is completed. For specimens required
to be collected prior to conviction, unless the individual has
other charges or convictions that require submission of a
specimen, the DNA record for an individual shall be expunged
from the DNA identification databases and the specimen
destroyed upon receipt of a certified copy of a final court
order for each charge against an individual in which the charge
has been dismissed, resulted in acquittal, or that the charge
was not filed within the applicable time period. The Department
shall by rule prescribe procedures to ensure that the record
and any specimens in the possession or control of the
Department are destroyed and a letter is sent to the court
verifying the expungement is completed.
(f-5) Any person who intentionally uses genetic marker
grouping analysis information, or any other information
derived from a DNA specimen, beyond the authorized uses as
provided under this Section, or any other Illinois law, is
guilty of a Class 4 felony, and shall be subject to a fine of
not less than $5,000.
(f-6) The Illinois Department of State Police may contract
with third parties for the purposes of implementing this
amendatory Act of the 93rd General Assembly, except as provided
in subsection (n) of this Section. Any other party contracting
to carry out the functions of this Section shall be subject to
the same restrictions and requirements of this Section insofar
as applicable, as the Illinois Department of State Police, and
to any additional restrictions imposed by the Illinois
Department of State Police.
(g) For the purposes of this Section, "qualifying offense"
means any of the following:
(1) any violation or inchoate violation of Section
11-1.50, 11-1.60, 11-6, 11-9.1, 11-11, 11-18.1, 12-15, or
12-16 of the Criminal Code of 1961 or the Criminal Code of
2012;
(1.1) any violation or inchoate violation of Section
9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3,
18-4, 18-6, 19-1, 19-2, or 19-6 of the Criminal Code of
1961 or the Criminal Code of 2012 for which persons are
convicted on or after July 1, 2001;
(2) any former statute of this State which defined a
felony sexual offense;
(3) (blank);
(4) any inchoate violation of Section 9-3.1, 9-3.4,
11-9.3, 12-7.3, or 12-7.4 of the Criminal Code of 1961 or
the Criminal Code of 2012; or
(5) any violation or inchoate violation of Article 29D
of the Criminal Code of 1961 or the Criminal Code of 2012.
(g-5) (Blank).
(h) The Illinois Department of State Police shall be the
State central repository for all genetic marker grouping
analysis information obtained pursuant to this Act. The
Illinois Department of State Police may promulgate rules for
the form and manner of the collection of blood, saliva, or
tissue specimens and other procedures for the operation of this
Act. The provisions of the Administrative Review Law shall
apply to all actions taken under the rules so promulgated.
(i) (1) A person required to provide a blood, saliva, or
tissue specimen shall cooperate with the collection of the
specimen and any deliberate act by that person intended to
impede, delay or stop the collection of the blood, saliva,
or tissue specimen is a Class 4 felony.
(2) In the event that a person's DNA specimen is not
adequate for any reason, the person shall provide another
DNA specimen for analysis. Duly authorized law enforcement
and corrections personnel may employ reasonable force in
cases in which an individual refuses to provide a DNA
specimen required under this Act.
(j) (Blank). Any person required by subsection (a), or any
person who was previously required by subsection (a-3.2), to
submit specimens of blood, saliva, or tissue to the Illinois
Department of State Police for analysis and categorization into
genetic marker grouping, in addition to any other disposition,
penalty, or fine imposed, shall pay an analysis fee of $250. If
the analysis fee is not paid at the time of sentencing, the
court shall establish a fee schedule by which the entire amount
of the analysis fee shall be paid in full, such schedule not to
exceed 24 months from the time of conviction. The inability to
pay this analysis fee shall not be the sole ground to
incarcerate the person.
(k) All analysis and categorization assessments fees
provided under the Criminal and Traffic Assessments Act to the
State Offender DNA Identification System Fund for by subsection
(j) shall be regulated as follows:
(1) The State Offender DNA Identification System Fund
is hereby created as a special fund in the State Treasury.
(2) (Blank). All fees shall be collected by the clerk
of the court and forwarded to the State Offender DNA
Identification System Fund for deposit. The clerk of the
circuit court may retain the amount of $10 from each
collected analysis fee to offset administrative costs
incurred in carrying out the clerk's responsibilities
under this Section.
(3) Moneys Fees deposited into the State Offender DNA
Identification System Fund shall be used by Illinois State
Police crime laboratories as designated by the Director of
State Police. These funds shall be in addition to any
allocations made pursuant to existing laws and shall be
designated for the exclusive use of State crime
laboratories. These uses may include, but are not limited
to, the following:
(A) Costs incurred in providing analysis and
genetic marker categorization as required by
subsection (d).
(B) Costs incurred in maintaining genetic marker
groupings as required by subsection (e).
(C) Costs incurred in the purchase and maintenance
of equipment for use in performing analyses.
(D) Costs incurred in continuing research and
development of new techniques for analysis and genetic
marker categorization.
(E) Costs incurred in continuing education,
training, and professional development of forensic
scientists regularly employed by these laboratories.
(l) The failure of a person to provide a specimen, or of
any person or agency to collect a specimen, shall in no way
alter the obligation of the person to submit such specimen, or
the authority of the Illinois Department of State Police or
persons designated by the Department to collect the specimen,
or the authority of the Illinois Department of State Police to
accept, analyze and maintain the specimen or to maintain or
upload results of genetic marker grouping analysis information
into a State or national database.
(m) If any provision of this amendatory Act of the 93rd
General Assembly is held unconstitutional or otherwise
invalid, the remainder of this amendatory Act of the 93rd
General Assembly is not affected.
(n) Neither the Department of State Police, the Division of
Forensic Services, nor any laboratory of the Division of
Forensic Services may contract out forensic testing for the
purpose of an active investigation or a matter pending before a
court of competent jurisdiction without the written consent of
the prosecuting agency. For the purposes of this subsection
(n), "forensic testing" includes the analysis of physical
evidence in an investigation or other proceeding for the
prosecution of a violation of the Criminal Code of 1961 or the
Criminal Code of 2012 or for matters adjudicated under the
Juvenile Court Act of 1987, and includes the use of forensic
databases and databanks, including DNA, firearm, and
fingerprint databases, and expert testimony.
(o) Mistake does not invalidate a database match. The
detention, arrest, or conviction of a person based upon a
database match or database information is not invalidated if it
is determined that the specimen was obtained or placed in the
database by mistake.
(p) This Section may be referred to as the Illinois DNA
Database Law of 2011.
(Source: P.A. 97-383, eff. 1-1-12; 97-1109, eff. 1-1-13;
97-1150, eff. 1-25-13; 98-558, eff. 1-1-14.)
(730 ILCS 5/5-4.5-50)
Sec. 5-4.5-50. SENTENCE PROVISIONS; ALL FELONIES. Except
as otherwise provided, for all felonies:
(a) NO SUPERVISION. The court, upon a plea of guilty or a
stipulation by the defendant of the facts supporting the charge
or a finding of guilt, may not defer further proceedings and
the imposition of a sentence and may not enter an order for
supervision of the defendant.
(b) FELONY FINES. Unless otherwise specified by law, the
minimum fine is $25. An offender may be sentenced to pay a fine
not to exceed, for each offense, $25,000 or the amount
specified in the offense, whichever is greater, or if the
offender is a corporation, $50,000 or the amount specified in
the offense, whichever is greater. A fine may be imposed in
addition to a sentence of conditional discharge, probation,
periodic imprisonment, or imprisonment. See Article 9 of
Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of
additional amounts and determination of amounts and payment. If
the court finds that the fine would impose an undue burden on
the victim, the court may reduce or waive the fine.
(c) REASONS FOR SENTENCE STATED. The sentencing judge in
each felony conviction shall set forth his or her reasons for
imposing the particular sentence entered in the case, as
provided in Section 5-4-1 (730 ILCS 5/5-4-1). Those reasons may
include any mitigating or aggravating factors specified in this
Code, or the lack of any such factors, as well as any other
mitigating or aggravating factors that the judge sets forth on
the record that are consistent with the purposes and principles
of sentencing set out in this Code.
(d) MOTION TO REDUCE SENTENCE. A motion to reduce a
sentence may be made, or the court may reduce a sentence
without motion, within 30 days after the sentence is imposed. A
defendant's challenge to the correctness of a sentence or to
any aspect of the sentencing hearing shall be made by a written
motion filed with the circuit court clerk within 30 days
following the imposition of sentence. A motion not filed within
that 30-day period is not timely. The court may not increase a
sentence once it is imposed. A notice of motion must be filed
with the motion. The notice of motion shall set the motion on
the court's calendar on a date certain within a reasonable time
after the date of filing.
If a motion filed pursuant to this subsection is timely
filed, the proponent of the motion shall exercise due diligence
in seeking a determination on the motion and the court shall
thereafter decide the motion within a reasonable time.
If a motion filed pursuant to this subsection is timely
filed, then for purposes of perfecting an appeal, a final
judgment is not considered to have been entered until the
motion to reduce the sentence has been decided by order entered
by the trial court.
(e) CONCURRENT SENTENCE; PREVIOUS UNEXPIRED FEDERAL OR
OTHER-STATE SENTENCE. A defendant who has a previous and
unexpired sentence of imprisonment imposed by another state or
by any district court of the United States and who, after
sentence for a crime in Illinois, must return to serve the
unexpired prior sentence may have his or her sentence by the
Illinois court ordered to be concurrent with the prior
other-state or federal sentence. The court may order that any
time served on the unexpired portion of the other-state or
federal sentence, prior to his or her return to Illinois, shall
be credited on his or her Illinois sentence. The appropriate
official of the other state or the United States shall be
furnished with a copy of the order imposing sentence, which
shall provide that, when the offender is released from
other-state or federal confinement, whether by parole or by
termination of sentence, the offender shall be transferred by
the Sheriff of the committing Illinois county to the Illinois
Department of Corrections. The court shall cause the Department
of Corrections to be notified of the sentence at the time of
commitment and to be provided with copies of all records
regarding the sentence.
(f) REDUCTION; PREVIOUS UNEXPIRED ILLINOIS SENTENCE. A
defendant who has a previous and unexpired sentence of
imprisonment imposed by an Illinois circuit court for a crime
in this State and who is subsequently sentenced to a term of
imprisonment by another state or by any district court of the
United States and who has served a term of imprisonment imposed
by the other state or district court of the United States, and
must return to serve the unexpired prior sentence imposed by
the Illinois circuit court, may apply to the Illinois circuit
court that imposed sentence to have his or her sentence
reduced.
The circuit court may order that any time served on the
sentence imposed by the other state or district court of the
United States be credited on his or her Illinois sentence. The
application for reduction of a sentence under this subsection
shall be made within 30 days after the defendant has completed
the sentence imposed by the other state or district court of
the United States.
(g) NO REQUIRED BIRTH CONTROL. A court may not impose a
sentence or disposition that requires the defendant to be
implanted or injected with or to use any form of birth control.
(Source: P.A. 95-1052, eff. 7-1-09.)
(730 ILCS 5/5-4.5-55)
Sec. 5-4.5-55. CLASS A MISDEMEANORS; SENTENCE. For a Class
A misdemeanor:
(a) TERM. The sentence of imprisonment shall be a
determinate sentence of less than one year.
(b) PERIODIC IMPRISONMENT. A sentence of periodic
imprisonment shall be for a definite term of less than one
year, except as otherwise provided in Section 5-5-3 or 5-7-1
(730 ILCS 5/5-5-3 or 5/5-7-1).
(c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS
5/5-8-1.2) concerning eligibility for the county impact
incarceration program.
(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
period of probation or conditional discharge shall not exceed 2
years. The court shall specify the conditions of probation or
conditional discharge as set forth in Section 5-6-3 (730 ILCS
5/5-6-3).
(e) FINE. Unless otherwise specified by law, the minimum
fine is $25. A fine not to exceed $2,500 for each offense or
the amount specified in the offense, whichever is greater, may
be imposed. A fine may be imposed in addition to a sentence of
conditional discharge, probation, periodic imprisonment, or
imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V,
Art. 9) for imposition of additional amounts and determination
of amounts and payment. If the court finds that the fine would
impose an undue burden on the victim, the court may reduce or
waive the fine.
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
be concurrent or consecutive as provided in Section 5-8-4 (730
ILCS 5/5-8-4).
(h) DRUG COURT. See Section 20 of the Drug Court Treatment
Act (730 ILCS 166/20) concerning eligibility for a drug court
program.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
ILCS 5/5-4.5-100) concerning credit for time spent in home
detention prior to judgment.
(j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good
Behavior Allowance Act (730 ILCS 130/) for rules and
regulations for good behavior allowance.
(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
electronic monitoring and home detention.
(Source: P.A. 100-431, eff. 8-25-17.)
(730 ILCS 5/5-4.5-60)
Sec. 5-4.5-60. CLASS B MISDEMEANORS; SENTENCE. For a Class
B misdemeanor:
(a) TERM. The sentence of imprisonment shall be a
determinate sentence of not more than 6 months.
(b) PERIODIC IMPRISONMENT. A sentence of periodic
imprisonment shall be for a definite term of up to 6 months or
as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).
(c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS
5/5-8-1.2) concerning eligibility for the county impact
incarceration program.
(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or
conditional discharge shall not exceed 2 years. The court shall
specify the conditions of probation or conditional discharge as
set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
(e) FINE. Unless otherwise specified by law, the minimum
fine is $25. A fine not to exceed $1,500 for each offense or
the amount specified in the offense, whichever is greater, may
be imposed. A fine may be imposed in addition to a sentence of
conditional discharge, probation, periodic imprisonment, or
imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V,
Art. 9) for imposition of additional amounts and determination
of amounts and payment. If the court finds that the fine would
impose an undue burden on the victim, the court may reduce or
waive the fine.
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
be concurrent or consecutive as provided in Section 5-8-4 (730
ILCS 5/5-8-4).
(h) DRUG COURT. See Section 20 of the Drug Court Treatment
Act (730 ILCS 166/20) concerning eligibility for a drug court
program.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
ILCS 5/5-4.5-100) concerning credit for time spent in home
detention prior to judgment.
(j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good
Behavior Allowance Act (730 ILCS 130/) for rules and
regulations for good behavior allowance.
(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
electronic monitoring and home detention.
(Source: P.A. 100-431, eff. 8-25-17.)
(730 ILCS 5/5-4.5-65)
Sec. 5-4.5-65. CLASS C MISDEMEANORS; SENTENCE. For a Class
C misdemeanor:
(a) TERM. The sentence of imprisonment shall be a
determinate sentence of not more than 30 days.
(b) PERIODIC IMPRISONMENT. A sentence of periodic
imprisonment shall be for a definite term of up to 30 days or
as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).
(c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS
5/5-8-1.2) concerning eligibility for the county impact
incarceration program.
(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or
conditional discharge shall not exceed 2 years. The court shall
specify the conditions of probation or conditional discharge as
set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
(e) FINE. Unless otherwise specified by law, the minimum
fine is $25. A fine not to exceed $1,500 for each offense or
the amount specified in the offense, whichever is greater, may
be imposed. A fine may be imposed in addition to a sentence of
conditional discharge, probation, periodic imprisonment, or
imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V,
Art. 9) for imposition of additional amounts and determination
of amounts and payment. If the court finds that the fine would
impose an undue burden on the victim, the court may reduce or
waive the fine.
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
be concurrent or consecutive as provided in Section 5-8-4 (730
ILCS 5/5-8-4).
(h) DRUG COURT. See Section 20 of the Drug Court Treatment
Act (730 ILCS 166/20) concerning eligibility for a drug court
program.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
ILCS 5/5-4.5-100) concerning credit for time spent in home
detention prior to judgment.
(j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good
Behavior Allowance Act (730 ILCS 130/) for rules and
regulations for good behavior allowance.
(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
electronic monitoring and home detention.
(Source: P.A. 100-431, eff. 8-25-17.)
(730 ILCS 5/5-4.5-75)
Sec. 5-4.5-75. PETTY OFFENSES; SENTENCE. Except as
otherwise provided, for a petty offense:
(a) FINE. Unless otherwise specified by law, the minimum
fine is $25. A defendant may be sentenced to pay a fine not to
exceed $1,000 for each offense or the amount specified in the
offense, whichever is less. A fine may be imposed in addition
to a sentence of conditional discharge or probation. See
Article 9 of Chapter V (730 ILCS 5/Ch. V, Art. 9) for
imposition of additional amounts and determination of amounts
and payment. If the court finds that the fine would impose an
undue burden on the victim, the court may reduce or waive the
fine.
(b) PROBATION; CONDITIONAL DISCHARGE. Except as provided
in Section 5-6-2 (730 ILCS 5/5-6-2), a defendant may be
sentenced to a period of probation or conditional discharge not
to exceed 6 months. The court shall specify the conditions of
probation or conditional discharge as set forth in Section
5-6-3 (730 ILCS 5/5-6-3).
(c) RESTITUTION. A defendant may be sentenced to make
restitution to the victim under Section 5-5-6 (730 ILCS
5/5-5-6).
(d) SUPERVISION; ORDER. The court, upon a plea of guilty or
a stipulation by the defendant of the facts supporting the
charge or a finding of guilt, may defer further proceedings and
the imposition of a sentence and may enter an order for
supervision of the defendant. If the defendant is not barred
from receiving an order for supervision under Section 5-6-1
(730 ILCS 5/5-6-1) or otherwise, 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 defendant 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.
(e) SUPERVISION; PERIOD. When a defendant is placed on
supervision, the court shall enter an order for supervision
specifying the period of supervision, and shall defer further
proceedings in the case until the conclusion of the period. The
period of supervision shall be reasonable under all of the
circumstances of the case, and except as otherwise provided,
may not be longer than 2 years. The court shall specify the
conditions of supervision as set forth in Section 5-6-3.1 (730
ILCS 5/5-6-3.1).
(Source: P.A. 95-1052, eff. 7-1-09.)
(730 ILCS 5/5-4.5-80)
Sec. 5-4.5-80. BUSINESS OFFENSES; SENTENCE. Except as
otherwise provided, for a business offense:
(a) FINE. Unless otherwise specified by law, the minimum
fine is $25. A defendant may be sentenced to pay a fine not to
exceed for each offense the amount specified in the statute
defining that offense. A fine may be imposed in addition to a
sentence of conditional discharge. See Article 9 of Chapter V
(730 ILCS 5/Ch. V, Art. 9) for imposition of additional amounts
and determination of amounts and payment. If the court finds
that the fine would impose an undue burden on the victim, the
court may reduce or waive the fine.
(b) CONDITIONAL DISCHARGE. A defendant may be sentenced to
a period of conditional discharge. The court shall specify the
conditions of conditional discharge as set forth in Section
5-6-3 (730 ILCS 5/5-6-3).
(c) RESTITUTION. A defendant may be sentenced to make
restitution to the victim under Section 5-5-6 (730 ILCS
5/5-5-6).
(d) SUPERVISION; ORDER. The court, upon a plea of guilty or
a stipulation by the defendant of the facts supporting the
charge or a finding of guilt, may defer further proceedings and
the imposition of a sentence and may enter an order for
supervision of the defendant. If the defendant is not barred
from receiving an order for supervision under Section 5-6-1
(730 ILCS 5/5-6-1) or otherwise, 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 defendant 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.
(e) SUPERVISION; PERIOD. When a defendant is placed on
supervision, the court shall enter an order for supervision
specifying the period of supervision, and shall defer further
proceedings in the case until the conclusion of the period. The
period of supervision shall be reasonable under all of the
circumstances of the case, and except as otherwise provided,
may not be longer than 2 years. The court shall specify the
conditions of supervision as set forth in Section 5-6-3.1 (730
ILCS 5/5-6-3.1).
(Source: P.A. 95-1052, eff. 7-1-09.)
(730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
Sec. 5-5-3. Disposition.
(a) (Blank).
(b) (Blank).
(c) (1) (Blank).
(2) A period of probation, a term of periodic imprisonment
or conditional discharge shall not be imposed for the following
offenses. The court shall sentence the offender to not less
than the minimum term of imprisonment set forth in this Code
for the following offenses, and may order a fine or restitution
or both in conjunction with such term of imprisonment:
(A) First degree murder where the death penalty is not
imposed.
(B) Attempted first degree murder.
(C) A Class X felony.
(D) A violation of Section 401.1 or 407 of the Illinois
Controlled Substances Act, or a violation of subdivision
(c)(1.5) of Section 401 of that Act which relates to more
than 5 grams of a substance containing fentanyl or an
analog thereof.
(D-5) A violation of subdivision (c)(1) of Section 401
of the Illinois Controlled Substances Act which relates to
3 or more grams of a substance containing heroin or an
analog thereof.
(E) (Blank).
(F) A Class 1 or greater felony if the offender had
been convicted of a Class 1 or greater felony, including
any state or federal conviction for an offense that
contained, at the time it was committed, the same elements
as an offense now (the date of the offense committed after
the prior Class 1 or greater felony) classified as a Class
1 or greater felony, within 10 years of the date on which
the offender committed the offense for which he or she is
being sentenced, except as otherwise provided in Section
40-10 of the Alcoholism and Other Drug Abuse and Dependency
Act.
(F-3) A Class 2 or greater felony sex offense or felony
firearm offense if the offender had been convicted of a
Class 2 or greater felony, including any state or federal
conviction for an offense that contained, at the time it
was committed, the same elements as an offense now (the
date of the offense committed after the prior Class 2 or
greater felony) classified as a Class 2 or greater felony,
within 10 years of the date on which the offender committed
the offense for which he or she is being sentenced, except
as otherwise provided in Section 40-10 of the Alcoholism
and Other Drug Abuse and Dependency Act.
(F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
the Criminal Code of 1961 or the Criminal Code of 2012 for
which imprisonment is prescribed in those Sections.
(G) Residential burglary, except as otherwise provided
in Section 40-10 of the Alcoholism and Other Drug Abuse and
Dependency Act.
(H) Criminal sexual assault.
(I) Aggravated battery of a senior citizen as described
in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
of the Criminal Code of 1961 or the Criminal Code of 2012.
(J) A forcible felony if the offense was related to the
activities of an organized gang.
Before July 1, 1994, for the purposes of this
paragraph, "organized gang" means an association of 5 or
more persons, with an established hierarchy, that
encourages members of the association to perpetrate crimes
or provides support to the members of the association who
do commit crimes.
Beginning July 1, 1994, for the purposes of this
paragraph, "organized gang" has the meaning ascribed to it
in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(K) Vehicular hijacking.
(L) A second or subsequent conviction for the offense
of hate crime when the underlying offense upon which the
hate crime is based is felony aggravated assault or felony
mob action.
(M) A second or subsequent conviction for the offense
of institutional vandalism if the damage to the property
exceeds $300.
(N) A Class 3 felony violation of paragraph (1) of
subsection (a) of Section 2 of the Firearm Owners
Identification Card Act.
(O) A violation of Section 12-6.1 or 12-6.5 of the
Criminal Code of 1961 or the Criminal Code of 2012.
(P) A violation of paragraph (1), (2), (3), (4), (5),
or (7) of subsection (a) of Section 11-20.1 of the Criminal
Code of 1961 or the Criminal Code of 2012.
(Q) A violation of subsection (b) or (b-5) of Section
20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
Code of 1961 or the Criminal Code of 2012.
(R) A violation of Section 24-3A of the Criminal Code
of 1961 or the Criminal Code of 2012.
(S) (Blank).
(T) (Blank).
(U) A second or subsequent violation of Section 6-303
of the Illinois Vehicle Code committed while his or her
driver's license, permit, or privilege was 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.
(V) A violation of paragraph (4) of subsection (c) of
Section 11-20.1B or paragraph (4) of subsection (c) of
Section 11-20.3 of the Criminal Code of 1961, or paragraph
(6) of subsection (a) of Section 11-20.1 of the Criminal
Code of 2012 when the victim is under 13 years of age and
the defendant has previously been convicted under the laws
of this State or any other state of the offense of child
pornography, aggravated child pornography, aggravated
criminal sexual abuse, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, or any of the
offenses formerly known as rape, deviate sexual assault,
indecent liberties with a child, or aggravated indecent
liberties with a child where the victim was under the age
of 18 years or an offense that is substantially equivalent
to those offenses.
(W) A violation of Section 24-3.5 of the Criminal Code
of 1961 or the Criminal Code of 2012.
(X) A violation of subsection (a) of Section 31-1a of
the Criminal Code of 1961 or the Criminal Code of 2012.
(Y) A conviction for unlawful possession of a firearm
by a street gang member when the firearm was loaded or
contained firearm ammunition.
(Z) A Class 1 felony committed while he or she was
serving a term of probation or conditional discharge for a
felony.
(AA) Theft of property exceeding $500,000 and not
exceeding $1,000,000 in value.
(BB) Laundering of criminally derived property of a
value exceeding $500,000.
(CC) Knowingly selling, offering for sale, holding for
sale, or using 2,000 or more counterfeit items or
counterfeit items having a retail value in the aggregate of
$500,000 or more.
(DD) A conviction for aggravated assault under
paragraph (6) of subsection (c) of Section 12-2 of the
Criminal Code of 1961 or the Criminal Code of 2012 if the
firearm is aimed toward the person against whom the firearm
is being used.
(EE) A conviction for a violation of paragraph (2) of
subsection (a) of Section 24-3B of the Criminal Code of
2012.
(3) (Blank).
(4) A minimum term of imprisonment of not less than 10
consecutive days or 30 days of community service shall be
imposed for a violation of paragraph (c) of Section 6-303 of
the Illinois Vehicle Code.
(4.1) (Blank).
(4.2) Except as provided in paragraphs (4.3) and (4.8) of
this subsection (c), a minimum of 100 hours of community
service shall be imposed for a second violation of Section
6-303 of the Illinois Vehicle Code.
(4.3) A minimum term of imprisonment of 30 days or 300
hours of community service, as determined by the court, shall
be imposed for a second violation of subsection (c) of Section
6-303 of the Illinois Vehicle Code.
(4.4) Except as provided in paragraphs (4.5), (4.6), and
(4.9) of this subsection (c), a minimum term of imprisonment of
30 days or 300 hours of community service, as determined by the
court, shall be imposed for a third or subsequent violation of
Section 6-303 of the Illinois Vehicle Code. The court may give
credit toward the fulfillment of community service hours for
participation in activities and treatment as determined by
court services.
(4.5) A minimum term of imprisonment of 30 days shall be
imposed for a third violation of subsection (c) of Section
6-303 of the Illinois Vehicle Code.
(4.6) Except as provided in paragraph (4.10) of this
subsection (c), a minimum term of imprisonment of 180 days
shall be imposed for a fourth or subsequent violation of
subsection (c) of Section 6-303 of the Illinois Vehicle Code.
(4.7) A minimum term of imprisonment of not less than 30
consecutive days, or 300 hours of community service, shall be
imposed for a violation of subsection (a-5) of Section 6-303 of
the Illinois Vehicle Code, as provided in subsection (b-5) of
that Section.
(4.8) A mandatory prison sentence shall be imposed for a
second violation of subsection (a-5) of Section 6-303 of the
Illinois Vehicle Code, as provided in subsection (c-5) of that
Section. The person's driving privileges shall be revoked for a
period of not less than 5 years from the date of his or her
release from prison.
(4.9) A mandatory prison sentence of not less than 4 and
not more than 15 years shall be imposed for a third violation
of subsection (a-5) of Section 6-303 of the Illinois Vehicle
Code, as provided in subsection (d-2.5) of that Section. The
person's driving privileges shall be revoked for the remainder
of his or her life.
(4.10) A mandatory prison sentence for a Class 1 felony
shall be imposed, and the person shall be eligible for an
extended term sentence, for a fourth or subsequent violation of
subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
as provided in subsection (d-3.5) of that Section. The person's
driving privileges shall be revoked for the remainder of his or
her life.
(5) The court may sentence a corporation or unincorporated
association convicted of any offense to:
(A) a period of conditional discharge;
(B) a fine;
(C) make restitution to the victim under Section 5-5-6
of this Code.
(5.1) In addition to any other penalties imposed, and
except as provided in paragraph (5.2) or (5.3), a person
convicted of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for at least 90 days but not
more than one year, if the violation resulted in damage to the
property of another person.
(5.2) In addition to any other penalties imposed, and
except as provided in paragraph (5.3), a person convicted of
violating subsection (c) of Section 11-907 of the Illinois
Vehicle Code shall have his or her driver's license, permit, or
privileges suspended for at least 180 days but not more than 2
years, if the violation resulted in injury to another person.
(5.3) In addition to any other penalties imposed, a person
convicted of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for 2 years, if the violation
resulted in the death of another person.
(5.4) In addition to any other penalties imposed, a person
convicted of violating Section 3-707 of the Illinois Vehicle
Code shall have his or her driver's license, permit, or
privileges suspended for 3 months and until he or she has paid
a reinstatement fee of $100.
(5.5) In addition to any other penalties imposed, a person
convicted of violating Section 3-707 of the Illinois Vehicle
Code during a period in which his or her driver's license,
permit, or privileges were suspended for a previous violation
of that Section shall have his or her driver's license, permit,
or privileges suspended for an additional 6 months after the
expiration of the original 3-month suspension and until he or
she has paid a reinstatement fee of $100.
(6) (Blank).
(7) (Blank).
(8) (Blank).
(9) A defendant convicted of a second or subsequent offense
of ritualized abuse of a child may be sentenced to a term of
natural life imprisonment.
(10) (Blank).
(11) The court shall impose a minimum fine of $1,000 for a
first offense and $2,000 for a second or subsequent offense
upon a person convicted of or placed on supervision for battery
when the individual harmed was a sports official or coach at
any level of competition and the act causing harm to the sports
official or coach occurred within an athletic facility or
within the immediate vicinity of the athletic facility at which
the sports official or coach was an active participant of the
athletic contest held at the athletic facility. For the
purposes of this paragraph (11), "sports official" means a
person at an athletic contest who enforces the rules of the
contest, such as an umpire or referee; "athletic facility"
means an indoor or outdoor playing field or recreational area
where sports activities are conducted; and "coach" means a
person recognized as a coach by the sanctioning authority that
conducted the sporting event.
(12) A person may not receive a disposition of court
supervision for a violation of Section 5-16 of the Boat
Registration and Safety Act if that person has previously
received a disposition of court supervision for a violation of
that Section.
(13) A person convicted of or placed on court supervision
for an assault or aggravated assault when the victim and the
offender are family or household members as defined in Section
103 of the Illinois Domestic Violence Act of 1986 or convicted
of domestic battery or aggravated domestic battery may be
required to attend a Partner Abuse Intervention Program under
protocols set forth by the Illinois Department of Human
Services under such terms and conditions imposed by the court.
The costs of such classes shall be paid by the offender.
(d) In any case in which a sentence originally imposed is
vacated, the case shall be remanded to the trial court. The
trial court shall hold a hearing under Section 5-4-1 of the
Unified Code of Corrections which may include evidence of the
defendant's life, moral character and occupation during the
time since the original sentence was passed. The trial court
shall then impose sentence upon the defendant. The trial court
may impose any sentence which could have been imposed at the
original trial subject to Section 5-5-4 of the Unified Code of
Corrections. If a sentence is vacated on appeal or on
collateral attack due to the failure of the trier of fact at
trial to determine beyond a reasonable doubt the existence of a
fact (other than a prior conviction) necessary to increase the
punishment for the offense beyond the statutory maximum
otherwise applicable, either the defendant may be re-sentenced
to a term within the range otherwise provided or, if the State
files notice of its intention to again seek the extended
sentence, the defendant shall be afforded a new trial.
(e) In cases where prosecution for aggravated criminal
sexual abuse under Section 11-1.60 or 12-16 of the Criminal
Code of 1961 or the Criminal Code of 2012 results in conviction
of a defendant who was a family member of the victim at the
time of the commission of the offense, the court shall consider
the safety and welfare of the victim and may impose a sentence
of probation only where:
(1) the court finds (A) or (B) or both are appropriate:
(A) the defendant is willing to undergo a court
approved counseling program for a minimum duration of 2
years; or
(B) the defendant is willing to participate in a
court approved plan including but not limited to the
defendant's:
(i) removal from the household;
(ii) restricted contact with the victim;
(iii) continued financial support of the
family;
(iv) restitution for harm done to the victim;
and
(v) compliance with any other measures that
the court may deem appropriate; and
(2) the court orders the defendant to pay for the
victim's counseling services, to the extent that the court
finds, after considering the defendant's income and
assets, that the defendant is financially capable of paying
for such services, if the victim was under 18 years of age
at the time the offense was committed and requires
counseling as a result of the offense.
Probation may be revoked or modified pursuant to Section
5-6-4; except where the court determines at the hearing that
the defendant violated a condition of his or her probation
restricting contact with the victim or other family members or
commits another offense with the victim or other family
members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
For the purposes of this Section, "family member" and
"victim" shall have the meanings ascribed to them in Section
11-0.1 of the Criminal Code of 2012.
(f) (Blank).
(g) Whenever a defendant is convicted of an offense under
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
11-14.3, 11-14.4 except for an offense that involves keeping a
place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012, the defendant shall undergo medical
testing to determine whether the defendant has any sexually
transmissible disease, including a test for infection with
human immunodeficiency virus (HIV) or any other identified
causative agent of acquired immunodeficiency syndrome (AIDS).
Any such medical test shall be performed only by appropriately
licensed medical practitioners and may include an analysis of
any bodily fluids as well as an examination of the defendant's
person. Except as otherwise provided by law, the results of
such test shall be kept strictly confidential by all medical
personnel involved in the testing and must be personally
delivered in a sealed envelope to the judge of the court in
which the conviction was entered for the judge's inspection in
camera. Acting in accordance with the best interests of the
victim and the public, the judge shall have the discretion to
determine to whom, if anyone, the results of the testing may be
revealed. The court shall notify the defendant of the test
results. The court shall also notify the victim if requested by
the victim, and if the victim is under the age of 15 and if
requested by the victim's parents or legal guardian, the court
shall notify the victim's parents or legal guardian of the test
results. The court shall provide information on the
availability of HIV testing and counseling at Department of
Public Health facilities to all parties to whom the results of
the testing are revealed and shall direct the State's Attorney
to provide the information to the victim when possible. A
State's Attorney may petition the court to obtain the results
of any HIV test administered under this Section, and the court
shall grant the disclosure if the State's Attorney shows it is
relevant in order to prosecute a charge of criminal
transmission of HIV under Section 12-5.01 or 12-16.2 of the
Criminal Code of 1961 or the Criminal Code of 2012 against the
defendant. The court shall order that the cost of any such test
shall be paid by the county and may be taxed as costs against
the convicted defendant.
(g-5) When an inmate is tested for an airborne communicable
disease, as determined by the Illinois Department of Public
Health including but not limited to tuberculosis, the results
of the test shall be personally delivered by the warden or his
or her designee in a sealed envelope to the judge of the court
in which the inmate must appear for the judge's inspection in
camera if requested by the judge. Acting in accordance with the
best interests of those in the courtroom, the judge shall have
the discretion to determine what if any precautions need to be
taken to prevent transmission of the disease in the courtroom.
(h) Whenever a defendant is convicted of an offense under
Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
defendant shall undergo medical testing to determine whether
the defendant has been exposed to human immunodeficiency virus
(HIV) or any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Except as otherwise provided
by law, the results of such test shall be kept strictly
confidential by all medical personnel involved in the testing
and must be personally delivered in a sealed envelope to the
judge of the court in which the conviction was entered for the
judge's inspection in camera. Acting in accordance with the
best interests of the public, the judge shall have the
discretion to determine to whom, if anyone, the results of the
testing may be revealed. The court shall notify the defendant
of a positive test showing an infection with the human
immunodeficiency virus (HIV). The court shall provide
information on the availability of HIV testing and counseling
at Department of Public Health facilities to all parties to
whom the results of the testing are revealed and shall direct
the State's Attorney to provide the information to the victim
when possible. A State's Attorney may petition the court to
obtain the results of any HIV test administered under this
Section, and the court shall grant the disclosure if the
State's Attorney shows it is relevant in order to prosecute a
charge of criminal transmission of HIV under Section 12-5.01 or
12-16.2 of the Criminal Code of 1961 or the Criminal Code of
2012 against the defendant. The court shall order that the cost
of any such test shall be paid by the county and may be taxed as
costs against the convicted defendant.
(i) All fines and penalties 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 the Criminal
and Traffic Assessment Act Section 27.5 of the Clerks of Courts
Act.
(j) In cases when prosecution for any violation of Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the Criminal Code of 1961 or the Criminal
Code of 2012, any violation of the Illinois Controlled
Substances Act, any violation of the Cannabis Control Act, or
any violation of the Methamphetamine Control and Community
Protection Act results in conviction, a disposition of court
supervision, or an order of probation granted 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 of a defendant, the court
shall determine whether the defendant is employed by a facility
or center as defined under the Child Care Act of 1969, a public
or private elementary or secondary school, or otherwise works
with children under 18 years of age on a daily basis. When a
defendant is so employed, the court shall order the Clerk of
the Court to send a copy of the judgment of conviction or order
of supervision or probation to the defendant's employer by
certified mail. If the employer of the defendant is a school,
the Clerk of the Court shall direct the mailing of a copy of
the judgment of conviction or order of supervision or probation
to the appropriate regional superintendent of schools. The
regional superintendent of schools shall notify the State Board
of Education of any notification under this subsection.
(j-5) A defendant at least 17 years of age who is convicted
of a felony and who has not been previously convicted of a
misdemeanor or felony and who is sentenced to a term of
imprisonment in the Illinois Department of Corrections shall as
a condition of his or her sentence be required by the court to
attend educational courses designed to prepare the defendant
for a high school diploma and to work toward a high school
diploma or to work toward passing high school equivalency
testing or to work toward completing a vocational training
program offered by the Department of Corrections. If a
defendant fails to complete the educational training required
by his or her sentence during the term of incarceration, the
Prisoner Review Board shall, as a condition of mandatory
supervised release, require the defendant, at his or her own
expense, to pursue a course of study toward a high school
diploma or passage of high school equivalency testing. The
Prisoner Review Board shall revoke the mandatory supervised
release of a defendant who wilfully fails to comply with this
subsection (j-5) upon his or her release from confinement in a
penal institution while serving a mandatory supervised release
term; however, the inability of the defendant after making a
good faith effort to obtain financial aid or pay for the
educational training shall not be deemed a wilful failure to
comply. The Prisoner Review Board shall recommit the defendant
whose mandatory supervised release term has been revoked under
this subsection (j-5) as provided in Section 3-3-9. This
subsection (j-5) does not apply to a defendant who has a high
school diploma or has successfully passed high school
equivalency testing. This subsection (j-5) does not apply to a
defendant who is determined by the court to be a person with a
developmental disability or otherwise mentally incapable of
completing the educational or vocational program.
(k) (Blank).
(l) (A) Except as provided in paragraph (C) of subsection
(l), whenever a defendant, who is an alien as defined by the
Immigration and Nationality Act, is convicted of any felony or
misdemeanor offense, the court after sentencing the defendant
may, upon motion of the State's Attorney, hold sentence in
abeyance and remand the defendant to the custody of the
Attorney General of the United States or his or her designated
agent to be deported when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under the
Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
Otherwise, the defendant shall be sentenced as provided in
this Chapter V.
(B) If the defendant has already been sentenced for a
felony or misdemeanor offense, or has been placed on probation
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, the
court may, upon motion of the State's Attorney to suspend the
sentence imposed, commit the defendant to the custody of the
Attorney General of the United States or his or her designated
agent when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under the
Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
(C) This subsection (l) does not apply to offenders who are
subject to the provisions of paragraph (2) of subsection (a) of
Section 3-6-3.
(D) Upon motion of the State's Attorney, if a defendant
sentenced under this Section returns to the jurisdiction of the
United States, the defendant shall be recommitted to the
custody of the county from which he or she was sentenced.
Thereafter, the defendant shall be brought before the
sentencing court, which may impose any sentence that was
available under Section 5-5-3 at the time of initial
sentencing. In addition, the defendant shall not be eligible
for additional earned sentence credit as provided under Section
3-6-3.
(m) A person convicted of criminal defacement of property
under Section 21-1.3 of the Criminal Code of 1961 or the
Criminal Code of 2012, in which the property damage exceeds
$300 and the property damaged is a school building, shall be
ordered to perform community service that may include cleanup,
removal, or painting over the defacement.
(n) The court may sentence a person convicted of a
violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
of 1961 or the Criminal Code of 2012 (i) to an impact
incarceration program if the person is otherwise eligible for
that program under Section 5-8-1.1, (ii) to community service,
or (iii) if the person is an addict or alcoholic, as defined in
the Alcoholism and Other Drug Abuse and Dependency Act, to a
substance or alcohol abuse program licensed under that Act.
(o) Whenever a person is convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act, the
defendant's driver's license or permit shall be subject to
renewal on an annual basis in accordance with the provisions of
license renewal established by the Secretary of State.
(Source: P.A. 99-143, eff. 7-27-15; 99-885, eff. 8-23-16;
99-938, eff. 1-1-18; 100-575, eff. 1-8-18.)
(730 ILCS 5/5-5-6) (from Ch. 38, par. 1005-5-6)
Sec. 5-5-6. In all convictions for offenses in violation of
the Criminal Code of 1961 or the Criminal Code of 2012 or of
Section 11-501 of the Illinois Vehicle Code in which the person
received any injury to his or her person or damage to his or
her real or personal property as a result of the criminal act
of the defendant, the court shall order restitution as provided
in this Section. In all other cases, except cases in which
restitution is required under this Section, the court must at
the sentence hearing determine whether restitution is an
appropriate sentence to be imposed on each defendant convicted
of an offense. If the court determines that an order directing
the offender to make restitution is appropriate, the offender
may be sentenced to make restitution. The court may consider
restitution an appropriate sentence to be imposed on each
defendant convicted of an offense in addition to a sentence of
imprisonment. The sentence of the defendant to a term of
imprisonment is not a mitigating factor that prevents the court
from ordering the defendant to pay restitution. If the offender
is sentenced to make restitution the Court shall determine the
restitution as hereinafter set forth:
(a) At the sentence hearing, the court shall determine
whether the property may be restored in kind to the
possession of the owner or the person entitled to
possession thereof; or whether the defendant is possessed
of sufficient skill to repair and restore property damaged;
or whether the defendant should be required to make
restitution in cash, for out-of-pocket expenses, damages,
losses, or injuries found to have been proximately caused
by the conduct of the defendant or another for whom the
defendant is legally accountable under the provisions of
Article 5 of the Criminal Code of 1961 or the Criminal Code
of 2012.
(b) In fixing the amount of restitution to be paid in
cash, the court shall allow credit for property returned in
kind, for property damages ordered to be repaired by the
defendant, and for property ordered to be restored by the
defendant; and after granting the credit, the court shall
assess the actual out-of-pocket expenses, losses, damages,
and injuries suffered by the victim named in the charge and
any other victims who may also have suffered out-of-pocket
expenses, losses, damages, and injuries proximately caused
by the same criminal conduct of the defendant, and
insurance carriers who have indemnified the named victim or
other victims for the out-of-pocket expenses, losses,
damages, or injuries, provided that in no event shall
restitution be ordered to be paid on account of pain and
suffering. When a victim's out-of-pocket expenses have
been paid pursuant to the Crime Victims Compensation Act,
the court shall order restitution be paid to the
compensation program. If a defendant is placed on
supervision for, or convicted of, domestic battery, the
defendant shall be required to pay restitution to any
domestic violence shelter in which the victim and any other
family or household members lived because of the domestic
battery. The amount of the restitution shall equal the
actual expenses of the domestic violence shelter in
providing housing and any other services for the victim and
any other family or household members living at the
shelter. If a defendant fails to pay restitution in the
manner or within the time period specified by the court,
the court may enter an order directing the sheriff to seize
any real or personal property of a defendant to the extent
necessary to satisfy the order of restitution and dispose
of the property by public sale. All proceeds from such sale
in excess of the amount of restitution plus court costs and
the costs of the sheriff in conducting the sale shall be
paid to the defendant. The defendant convicted of domestic
battery, if a person under 18 years of age was present and
witnessed the domestic battery of the victim, is liable to
pay restitution for the cost of any counseling required for
the child at the discretion of the court.
(c) In cases where more than one defendant is
accountable for the same criminal conduct that results in
out-of-pocket expenses, losses, damages, or injuries, each
defendant shall be ordered to pay restitution in the amount
of the total actual out-of-pocket expenses, losses,
damages, or injuries to the victim proximately caused by
the conduct of all of the defendants who are legally
accountable for the offense.
(1) In no event shall the victim be entitled to
recover restitution in excess of the actual
out-of-pocket expenses, losses, damages, or injuries,
proximately caused by the conduct of all of the
defendants.
(2) As between the defendants, the court may
apportion the restitution that is payable in
proportion to each co-defendant's culpability in the
commission of the offense.
(3) In the absence of a specific order apportioning
the restitution, each defendant shall bear his pro rata
share of the restitution.
(4) As between the defendants, each defendant
shall be entitled to a pro rata reduction in the total
restitution required to be paid to the victim for
amounts of restitution actually paid by co-defendants,
and defendants who shall have paid more than their pro
rata share shall be entitled to refunds to be computed
by the court as additional amounts are paid by
co-defendants.
(d) In instances where a defendant has more than one
criminal charge pending against him in a single case, or
more than one case, and the defendant stands convicted of
one or more charges, a plea agreement negotiated by the
State's Attorney and the defendants may require the
defendant to make restitution to victims of charges that
have been dismissed or which it is contemplated will be
dismissed under the terms of the plea agreement, and under
the agreement, the court may impose a sentence of
restitution on the charge or charges of which the defendant
has been convicted that would require the defendant to make
restitution to victims of other offenses as provided in the
plea agreement.
(e) The court may require the defendant to apply the
balance of the cash bond, after payment of court costs, and
any fine that may be imposed to the payment of restitution.
(f) Taking into consideration the ability of the
defendant to pay, including any real or personal property
or any other assets of the defendant, the court shall
determine whether restitution shall be paid in a single
payment or in installments, and shall fix a period of time
not in excess of 5 years, except for violations of Sections
16-1.3 and 17-56 of the Criminal Code of 1961 or the
Criminal Code of 2012, or the period of time specified in
subsection (f-1), not including periods of incarceration,
within which payment of restitution is to be paid in full.
Complete restitution shall be paid in as short a time
period as possible. However, if the court deems it
necessary and in the best interest of the victim, the court
may extend beyond 5 years the period of time within which
the payment of restitution is to be paid. If the defendant
is ordered to pay restitution and the court orders that
restitution is to be paid over a period greater than 6
months, the court shall order that the defendant make
monthly payments; the court may waive this requirement of
monthly payments only if there is a specific finding of
good cause for waiver.
(f-1)(1) In addition to any other penalty prescribed by
law and any restitution ordered under this Section that did
not include long-term physical health care costs, the court
may, upon conviction of any misdemeanor or felony, order a
defendant to pay restitution to a victim in accordance with
the provisions of this subsection (f-1) if the victim has
suffered physical injury as a result of the offense that is
reasonably probable to require or has required long-term
physical health care for more than 3 months. As used in
this subsection (f-1) "long-term physical health care"
includes mental health care.
(2) The victim's estimate of long-term physical health
care costs may be made as part of a victim impact statement
under Section 6 of the Rights of Crime Victims and
Witnesses Act or made separately. The court shall enter the
long-term physical health care restitution order at the
time of sentencing. An order of restitution made under this
subsection (f-1) shall fix a monthly amount to be paid by
the defendant for as long as long-term physical health care
of the victim is required as a result of the offense. The
order may exceed the length of any sentence imposed upon
the defendant for the criminal activity. The court shall
include as a special finding in the judgment of conviction
its determination of the monthly cost of long-term physical
health care.
(3) After a sentencing order has been entered, the
court may from time to time, on the petition of either the
defendant or the victim, or upon its own motion, enter an
order for restitution for long-term physical care or modify
the existing order for restitution for long-term physical
care as to the amount of monthly payments. Any modification
of the order shall be based only upon a substantial change
of circumstances relating to the cost of long-term physical
health care or the financial condition of either the
defendant or the victim. The petition shall be filed as
part of the original criminal docket.
(g) In addition to the sentences provided for in
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14,
12-14.1, 12-15, and 12-16, and subdivision (a)(4) of
Section 11-14.4, of the Criminal Code of 1961 or the
Criminal Code of 2012, the court may order any person who
is convicted of violating any of those Sections or who was
charged with any of those offenses and which charge was
reduced to another charge as a result of a plea agreement
under subsection (d) of this Section to meet all or any
portion of the financial obligations of treatment,
including but not limited to medical, psychiatric, or
rehabilitative treatment or psychological counseling,
prescribed for the victim or victims of the offense.
The payments shall be made by the defendant to the
clerk of the circuit court and transmitted by the clerk to
the appropriate person or agency as directed by the court.
Except as otherwise provided in subsection (f-1), the order
may require such payments to be made for a period not to
exceed 5 years after sentencing, not including periods of
incarceration.
(h) The judge may enter an order of withholding to
collect the amount of restitution owed in accordance with
Part 8 of Article XII of the Code of Civil Procedure.
(i) A sentence of restitution may be modified or
revoked by the court if the offender commits another
offense, or the offender fails to make restitution as
ordered by the court, but no sentence to make restitution
shall be revoked unless the court shall find that the
offender has had the financial ability to make restitution,
and he has wilfully refused to do so. When the offender's
ability to pay restitution was established at the time an
order of restitution was entered or modified, or when the
offender's ability to pay was based on the offender's
willingness to make restitution as part of a plea agreement
made at the time the order of restitution was entered or
modified, there is a rebuttable presumption that the facts
and circumstances considered by the court at the hearing at
which the order of restitution was entered or modified
regarding the offender's ability or willingness to pay
restitution have not materially changed. If the court shall
find that the defendant has failed to make restitution and
that the failure is not wilful, the court may impose an
additional period of time within which to make restitution.
The length of the additional period shall not be more than
2 years. The court shall retain all of the incidents of the
original sentence, including the authority to modify or
enlarge the conditions, and to revoke or further modify the
sentence if the conditions of payment are violated during
the additional period.
(j) The procedure upon the filing of a Petition to
Revoke a sentence to make restitution shall be the same as
the procedures set forth in Section 5-6-4 of this Code
governing violation, modification, or revocation of
Probation, of Conditional Discharge, or of Supervision.
(k) Nothing contained in this Section shall preclude
the right of any party to proceed in a civil action to
recover for any damages incurred due to the criminal
misconduct of the defendant.
(l) Restitution ordered under this Section shall not be
subject to disbursement by the circuit clerk under the
Criminal and Traffic Assessment Act Section 27.5 of the
Clerks of Courts Act.
(m) A restitution order under this Section is a
judgment lien in favor of the victim that:
(1) Attaches to the property of the person subject
to the order;
(2) May be perfected in the same manner as provided
in Part 3 of Article 9 of the Uniform Commercial Code;
(3) May be enforced to satisfy any payment that is
delinquent under the restitution order by the person in
whose favor the order is issued or the person's
assignee; and
(4) Expires in the same manner as a judgment lien
created in a civil proceeding.
When a restitution order is issued under this Section,
the issuing court shall send a certified copy of the order
to the clerk of the circuit court in the county where the
charge was filed. Upon receiving the order, the clerk shall
enter and index the order in the circuit court judgment
docket.
(n) An order of restitution under this Section does not
bar a civil action for:
(1) Damages that the court did not require the
person to pay to the victim under the restitution order
but arise from an injury or property damages that is
the basis of restitution ordered by the court; and
(2) Other damages suffered by the victim.
The restitution order is not discharged by the completion
of the sentence imposed for the offense.
A restitution order under this Section is not discharged by
the liquidation of a person's estate by a receiver. A
restitution order under this Section may be enforced in the
same manner as judgment liens are enforced under Article XII of
the Code of Civil Procedure.
The provisions of Section 2-1303 of the Code of Civil
Procedure, providing for interest on judgments, apply to
judgments for restitution entered under this Section.
(Source: P.A. 96-290, eff. 8-11-09; 96-1551, eff. 7-1-11;
97-482, eff. 1-1-12; 97-817, eff. 1-1-13; 97-1150, eff.
1-25-13.)
(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,
paragraph (d-5) of Section 11-605.1, 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) (Blank). 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
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.
(m) (Blank). 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.
(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.
(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 when the defendant has previously been:
(1) convicted for a violation of Section 11-601.5 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
11-601.5 of the Illinois Vehicle Code or a similar
provision of a local ordinance or any similar law or
ordinance of another state.
(q) The provisions of paragraph (c) shall not apply to a
defendant charged with violating subsection (b) of Section
11-601 or Section 11-601.5 of the Illinois Vehicle Code when
the defendant was operating a vehicle, in an urban district, at
a speed that is 26 miles per hour or more in excess of the
applicable maximum speed limit established under Chapter 11 of
the Illinois Vehicle Code.
(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.
(s) The provisions of paragraph (c) shall not apply to a
defendant charged with violating subsection (i) of Section 70
of the Firearm Concealed Carry Act.
(Source: P.A. 98-169, eff. 1-1-14; 98-658, eff. 6-23-14;
98-899, eff. 8-15-14; 99-78, eff. 7-20-15; 99-212, eff.
1-1-16.)
(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
Sec. 5-6-3. Conditions of probation and of conditional
discharge.
(a) The conditions of probation and of conditional
discharge shall be that the person:
(1) not violate any criminal statute of any
jurisdiction;
(2) report to or appear in person before such person or
agency as directed by the court;
(3) refrain from possessing a firearm or other
dangerous weapon where the offense is a felony or, if a
misdemeanor, the offense involved the intentional or
knowing infliction of bodily harm or threat of bodily harm;
(4) not leave the State without the consent of the
court or, in circumstances in which the reason for the
absence is of such an emergency nature that prior consent
by the court is not possible, without the prior
notification and approval of the person's probation
officer. Transfer of a person's probation or conditional
discharge supervision to another state is subject to
acceptance by the other state pursuant to the Interstate
Compact for Adult Offender Supervision;
(5) permit the probation officer to visit him at his
home or elsewhere to the extent necessary to discharge his
duties;
(6) perform no less than 30 hours of community service
and not more than 120 hours of community service, if
community service is available in the jurisdiction and is
funded and approved by the county board where the offense
was committed, where the offense was related to or in
furtherance of the criminal activities of an organized gang
and was motivated by the offender's membership in or
allegiance to an organized gang. The community service
shall include, but not be limited to, the cleanup and
repair of any damage caused by a violation of Section
21-1.3 of the Criminal Code of 1961 or the Criminal Code of
2012 and similar damage to property located within the
municipality or county in which the violation occurred.
When possible and reasonable, the community service should
be performed in the offender's neighborhood. For purposes
of this Section, "organized gang" has the meaning ascribed
to it in Section 10 of the Illinois Streetgang Terrorism
Omnibus Prevention Act. The court may give credit toward
the fulfillment of community service hours for
participation in activities and treatment as determined by
court services;
(7) if he or she is at least 17 years of age and has
been sentenced to probation or conditional discharge for a
misdemeanor or felony in a county of 3,000,000 or more
inhabitants and has not been previously convicted of a
misdemeanor or felony, may be required by the sentencing
court to attend educational courses designed to prepare the
defendant for a high school diploma and to work toward a
high school diploma or to work toward passing high school
equivalency testing or to work toward completing a
vocational training program approved by the court. The
person on probation or conditional discharge must attend a
public institution of education to obtain the educational
or vocational training required by this paragraph (7). The
court shall revoke the probation or conditional discharge
of a person who wilfully fails to comply with this
paragraph (7). The person on probation or conditional
discharge shall be required to pay for the cost of the
educational courses or high school equivalency testing if a
fee is charged for those courses or testing. The court
shall resentence the offender whose probation or
conditional discharge has been revoked as provided in
Section 5-6-4. This paragraph (7) does not apply to a
person who has a high school diploma or has successfully
passed high school equivalency testing. This paragraph (7)
does not apply to a person who is determined by the court
to be a person with a developmental disability or otherwise
mentally incapable of completing the educational or
vocational program;
(8) if convicted of possession of a substance
prohibited by the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine Control
and Community Protection Act after a previous conviction or
disposition of supervision for possession of a substance
prohibited by the Cannabis Control Act or Illinois
Controlled Substances Act or after a sentence of probation
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
and upon a finding by the court that the person is
addicted, undergo treatment at a substance abuse program
approved by the court;
(8.5) if convicted of a felony sex offense as defined
in the Sex Offender Management Board Act, the person shall
undergo and successfully complete sex offender treatment
by a treatment provider approved by the Board and conducted
in conformance with the standards developed under the Sex
Offender Management Board Act;
(8.6) if convicted of a sex offense as defined in the
Sex Offender Management Board Act, refrain from residing at
the same address or in the same condominium unit or
apartment unit or in the same condominium complex or
apartment complex with another person he or she knows or
reasonably should know is a convicted sex offender or has
been placed on supervision for a sex offense; the
provisions of this paragraph do not apply to a person
convicted of a sex offense who is placed in a Department of
Corrections licensed transitional housing facility for sex
offenders;
(8.7) if convicted for an offense committed on or after
June 1, 2008 (the effective date of Public Act 95-464) that
would qualify the accused as a child sex offender as
defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
1961 or the Criminal Code of 2012, refrain from
communicating with or contacting, by means of the Internet,
a person who is not related to the accused and whom the
accused reasonably believes to be under 18 years of age;
for purposes of this paragraph (8.7), "Internet" has the
meaning ascribed to it in Section 16-0.1 of the Criminal
Code of 2012; and a person is not related to the accused if
the person is not: (i) the spouse, brother, or sister of
the accused; (ii) a descendant of the accused; (iii) a
first or second cousin of the accused; or (iv) a step-child
or adopted child of the accused;
(8.8) if convicted for an offense under Section 11-6,
11-9.1, 11-14.4 that involves soliciting for a juvenile
prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
of the Criminal Code of 1961 or the Criminal Code of 2012,
or any attempt to commit any of these offenses, committed
on or after June 1, 2009 (the effective date of Public Act
95-983):
(i) not access or use a computer or any other
device with Internet capability without the prior
written approval of the offender's probation officer,
except in connection with the offender's employment or
search for employment with the prior approval of the
offender's probation officer;
(ii) submit to periodic unannounced examinations
of the offender's computer or any other device with
Internet capability by the offender's probation
officer, a law enforcement officer, or assigned
computer or information technology specialist,
including the retrieval and copying of all data from
the computer or device and any internal or external
peripherals and removal of such information,
equipment, or device to conduct a more thorough
inspection;
(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
offender's expense, of one or more hardware or software
systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a
computer or any other device with Internet capability
imposed by the offender's probation officer;
(8.9) if convicted of a sex offense as defined in the
Sex Offender Registration Act committed on or after January
1, 2010 (the effective date of Public Act 96-262), refrain
from accessing or using a social networking website as
defined in Section 17-0.5 of the Criminal Code of 2012;
(9) if convicted of a felony or of any misdemeanor
violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
12-3.5 of the Criminal Code of 1961 or the Criminal Code of
2012 that was determined, pursuant to Section 112A-11.1 of
the Code of Criminal Procedure of 1963, to trigger the
prohibitions of 18 U.S.C. 922(g)(9), physically surrender
at a time and place designated by the court, his or her
Firearm Owner's Identification Card and any and all
firearms in his or her possession. The Court shall return
to the Department of State Police Firearm Owner's
Identification Card Office the person's Firearm Owner's
Identification Card;
(10) if convicted of a sex offense as defined in
subsection (a-5) of Section 3-1-2 of this Code, unless the
offender is a parent or guardian of the person under 18
years of age present in the home and no non-familial minors
are present, not participate in a holiday event involving
children under 18 years of age, such as distributing candy
or other items to children on Halloween, wearing a Santa
Claus costume on or preceding Christmas, being employed as
a department store Santa Claus, or wearing an Easter Bunny
costume on or preceding Easter;
(11) if convicted of a sex offense as defined in
Section 2 of the Sex Offender Registration Act committed on
or after January 1, 2010 (the effective date of Public Act
96-362) that requires the person to register as a sex
offender under that Act, may not knowingly use any computer
scrub software on any computer that the sex offender uses;
(12) if convicted of a violation of the Methamphetamine
Control and Community Protection Act, the Methamphetamine
Precursor Control Act, or a methamphetamine related
offense:
(A) prohibited from purchasing, possessing, or
having under his or her control any product containing
pseudoephedrine unless prescribed by a physician; and
(B) prohibited from purchasing, possessing, or
having under his or her control any product containing
ammonium nitrate; and
(13) if convicted of a hate crime involving the
protected class identified in subsection (a) of Section
12-7.1 of the Criminal Code of 2012 that gave rise to the
offense the offender committed, perform public or
community service of no less than 200 hours and enroll in
an educational program discouraging hate crimes that
includes racial, ethnic, and cultural sensitivity training
ordered by the court.
(b) The Court may in addition to other reasonable
conditions relating to the nature of the offense or the
rehabilitation of the defendant as determined for each
defendant in the proper discretion of the Court require that
the person:
(1) serve a term of periodic imprisonment under Article
7 for a period not to exceed that specified in paragraph
(d) of Section 5-7-1;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical, psychological or psychiatric
treatment; or treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for the
instruction or residence of defendants on probation;
(6) support his dependents;
(7) and in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) contribute to his own support at home or in a
foster home;
(v) with the consent of the superintendent of the
facility, attend an educational program at a facility
other than the school in which the offense was
committed if he or she is convicted of a crime of
violence as defined in Section 2 of the Crime Victims
Compensation Act committed in a school, on the real
property comprising a school, or within 1,000 feet of
the real property comprising a school;
(8) make restitution as provided in Section 5-5-6 of
this Code;
(9) perform some reasonable public or community
service;
(10) serve a term of home confinement. In addition to
any other applicable condition of probation or conditional
discharge, the conditions of home confinement shall be that
the offender:
(i) remain within the interior premises of the
place designated for his confinement during the hours
designated by the court;
(ii) admit any person or agent designated by the
court into the offender's place of confinement at any
time for purposes of verifying the offender's
compliance with the conditions of his confinement; and
(iii) if further deemed necessary by the court or
the Probation or Court Services Department, be placed
on an approved electronic monitoring device, subject
to Article 8A of Chapter V;
(iv) for persons convicted of any alcohol,
cannabis or controlled substance violation who are
placed on an approved monitoring device as a condition
of probation or conditional discharge, the court shall
impose a reasonable fee for each day of the use of the
device, as established by the county board in
subsection (g) of this Section, unless after
determining the inability of the offender to pay the
fee, the court assesses a lesser fee or no fee as the
case may be. This fee shall be imposed in addition to
the fees imposed under subsections (g) and (i) of this
Section. The fee shall be collected by the clerk of the
circuit court, except as provided in an administrative
order of the Chief Judge of the circuit court. The
clerk of the circuit court shall pay all monies
collected from this fee to the county treasurer for
deposit in the substance abuse services fund under
Section 5-1086.1 of the Counties Code, except as
provided in an administrative order of the Chief Judge
of the circuit court.
The Chief Judge of the circuit court of the county
may by administrative order establish a program for
electronic monitoring of offenders, in which a vendor
supplies and monitors the operation of the electronic
monitoring device, and collects the fees on behalf of
the county. The program shall include provisions for
indigent offenders and the collection of unpaid fees.
The program shall not unduly burden the offender and
shall be subject to review by the Chief Judge.
The Chief Judge of the circuit court may suspend
any additional charges or fees for late payment,
interest, or damage to any device; and
(v) for persons convicted of offenses other than
those referenced in clause (iv) above and who are
placed on an approved monitoring device as a condition
of probation or conditional discharge, the court shall
impose a reasonable fee for each day of the use of the
device, as established by the county board in
subsection (g) of this Section, unless after
determining the inability of the defendant to pay the
fee, the court assesses a lesser fee or no fee as the
case may be. This fee shall be imposed in addition to
the fees imposed under subsections (g) and (i) of this
Section. The fee shall be collected by the clerk of the
circuit court, except as provided in an administrative
order of the Chief Judge of the circuit court. The
clerk of the circuit court shall pay all monies
collected from this fee to the county treasurer who
shall use the monies collected to defray the costs of
corrections. The county treasurer shall deposit the
fee collected in the probation and court services fund.
The Chief Judge of the circuit court of the county may
by administrative order establish a program for
electronic monitoring of offenders, in which a vendor
supplies and monitors the operation of the electronic
monitoring device, and collects the fees on behalf of
the county. The program shall include provisions for
indigent offenders and the collection of unpaid fees.
The program shall not unduly burden the offender and
shall be subject to review by the Chief Judge.
The Chief Judge of the circuit court may suspend
any additional charges or fees for late payment,
interest, or damage to any device.
(11) comply with the terms and conditions of an order
of protection issued by the court pursuant to the Illinois
Domestic Violence Act of 1986, as now or hereafter amended,
or an order of protection issued by the court of another
state, tribe, or United States territory. A copy of the
order of protection shall be transmitted to the probation
officer or agency having responsibility for the case;
(12) reimburse any "local anti-crime program" as
defined in Section 7 of the Anti-Crime Advisory Council Act
for any reasonable expenses incurred by the program on the
offender's case, not to exceed the maximum amount of the
fine authorized for the offense for which the defendant was
sentenced;
(13) contribute a reasonable sum of money, not to
exceed the maximum amount of the fine authorized for the
offense for which the defendant was sentenced, (i) to a
"local anti-crime program", as defined in Section 7 of the
Anti-Crime Advisory Council Act, or (ii) for offenses under
the jurisdiction of the Department of Natural Resources, to
the fund established by the Department of Natural Resources
for the purchase of evidence for investigation purposes and
to conduct investigations as outlined in Section 805-105 of
the Department of Natural Resources (Conservation) Law;
(14) refrain from entering into a designated
geographic area except upon such terms as the court finds
appropriate. Such terms may include consideration of the
purpose of the entry, the time of day, other persons
accompanying the defendant, and advance approval by a
probation officer, if the defendant has been placed on
probation or advance approval by the court, if the
defendant was placed on conditional discharge;
(15) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of persons, including but not limited to members of
street gangs and drug users or dealers;
(16) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act, the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection Act,
unless prescribed by a physician, and submit samples of his
or her blood or urine or both for tests to determine the
presence of any illicit drug;
(17) if convicted for an offense committed on or after
June 1, 2008 (the effective date of Public Act 95-464) that
would qualify the accused as a child sex offender as
defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
1961 or the Criminal Code of 2012, refrain from
communicating with or contacting, by means of the Internet,
a person who is related to the accused and whom the accused
reasonably believes to be under 18 years of age; for
purposes of this paragraph (17), "Internet" has the meaning
ascribed to it in Section 16-0.1 of the Criminal Code of
2012; and a person is related to the accused if the person
is: (i) the spouse, brother, or sister of the accused; (ii)
a descendant of the accused; (iii) a first or second cousin
of the accused; or (iv) a step-child or adopted child of
the accused;
(18) if convicted for an offense committed on or after
June 1, 2009 (the effective date of Public Act 95-983) that
would qualify as a sex offense as defined in the Sex
Offender Registration Act:
(i) not access or use a computer or any other
device with Internet capability without the prior
written approval of the offender's probation officer,
except in connection with the offender's employment or
search for employment with the prior approval of the
offender's probation officer;
(ii) submit to periodic unannounced examinations
of the offender's computer or any other device with
Internet capability by the offender's probation
officer, a law enforcement officer, or assigned
computer or information technology specialist,
including the retrieval and copying of all data from
the computer or device and any internal or external
peripherals and removal of such information,
equipment, or device to conduct a more thorough
inspection;
(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
subject's expense, of one or more hardware or software
systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a
computer or any other device with Internet capability
imposed by the offender's probation officer; and
(19) refrain from possessing a firearm or other
dangerous weapon where the offense is a misdemeanor that
did not involve the intentional or knowing infliction of
bodily harm or threat of bodily harm.
(c) The court may as a condition of probation or of
conditional discharge require that a person under 18 years of
age found guilty of any alcohol, cannabis or controlled
substance violation, refrain from acquiring a driver's license
during the period of probation or conditional discharge. If
such person is in possession of a permit or license, the court
may require that the minor refrain from driving or operating
any motor vehicle during the period of probation or conditional
discharge, except as may be necessary in the course of the
minor's lawful employment.
(d) An offender sentenced to probation or to conditional
discharge shall be given a certificate setting forth the
conditions thereof.
(e) Except where the offender has committed a fourth or
subsequent violation of subsection (c) of Section 6-303 of the
Illinois Vehicle Code, the court shall not require as a
condition of the sentence of probation or conditional discharge
that the offender be committed to a period of imprisonment in
excess of 6 months. This 6-month limit shall not include
periods of confinement given pursuant to a sentence of county
impact incarceration under Section 5-8-1.2.
Persons committed to imprisonment as a condition of
probation or conditional discharge shall not be committed to
the Department of Corrections.
(f) The court may combine a sentence of periodic
imprisonment under Article 7 or a sentence to a county impact
incarceration program under Article 8 with a sentence of
probation or conditional discharge.
(g) An offender sentenced to probation or to conditional
discharge and who during the term of either undergoes mandatory
drug or alcohol testing, or both, or is assigned to be placed
on an approved electronic monitoring device, shall be ordered
to pay all costs incidental to such mandatory drug or alcohol
testing, or both, and all costs incidental to such approved
electronic monitoring in accordance with the defendant's
ability to pay those costs. The county board with the
concurrence of the Chief Judge of the judicial circuit in which
the county is located shall establish reasonable fees for the
cost of maintenance, testing, and incidental expenses related
to the mandatory drug or alcohol testing, or both, and all
costs incidental to approved electronic monitoring, involved
in a successful probation program for the county. The
concurrence of the Chief Judge shall be in the form of an
administrative order. The fees shall be collected by the clerk
of the circuit court, except as provided in an administrative
order of the Chief Judge of the circuit court. The clerk of the
circuit court shall pay all moneys collected from these fees to
the county treasurer who shall use the moneys collected to
defray the costs of drug testing, alcohol testing, and
electronic monitoring. The county treasurer shall deposit the
fees collected in the county working cash fund under Section
6-27001 or Section 6-29002 of the Counties Code, as the case
may be. The Chief Judge of the circuit court of the county may
by administrative order establish a program for electronic
monitoring of offenders, in which a vendor supplies and
monitors the operation of the electronic monitoring device, and
collects the fees on behalf of the county. The program shall
include provisions for indigent offenders and the collection of
unpaid fees. The program shall not unduly burden the offender
and shall be subject to review by the Chief Judge.
The Chief Judge of the circuit court may suspend any
additional charges or fees for late payment, interest, or
damage to any device.
(h) Jurisdiction over an offender may be transferred from
the sentencing court to the court of another circuit with the
concurrence of both courts. Further transfers or retransfers of
jurisdiction are also authorized in the same manner. The court
to which jurisdiction has been transferred shall have the same
powers as the sentencing court. The probation department within
the circuit to which jurisdiction has been transferred, or
which has agreed to provide supervision, may impose probation
fees upon receiving the transferred offender, as provided in
subsection (i). For all transfer cases, as defined in Section
9b of the Probation and Probation Officers Act, the probation
department from the original sentencing court shall retain all
probation fees collected prior to the transfer. After the
transfer, all probation fees shall be paid to the probation
department within the circuit to which jurisdiction has been
transferred.
(i) The court shall impose upon an offender sentenced to
probation after January 1, 1989 or to conditional discharge
after January 1, 1992 or to community service under the
supervision of a probation or court services department after
January 1, 2004, as a condition of such probation or
conditional discharge or supervised community service, a fee of
$50 for each month of probation or conditional discharge
supervision or supervised community service ordered by the
court, unless after determining the inability of the person
sentenced to probation or conditional discharge or supervised
community service to pay the fee, the court assesses a lesser
fee. The court may not impose the fee on a minor who is placed
in the guardianship or custody of the Department of Children
and Family Services under the Juvenile Court Act of 1987 while
the minor is in placement. The fee shall be imposed only upon
an offender who is actively supervised by the probation and
court services department. The fee shall be collected by the
clerk of the circuit court. The clerk of the circuit court
shall pay all monies collected from this fee to the county
treasurer for deposit in the probation and court services fund
under Section 15.1 of the Probation and Probation Officers Act.
A circuit court may not impose a probation fee under this
subsection (i) in excess of $25 per month unless the circuit
court has adopted, by administrative order issued by the chief
judge, a standard probation fee guide determining an offender's
ability to pay Of the amount collected as a probation fee, up
to $5 of that fee collected per month may be used to provide
services to crime victims and their families.
The Court may only waive probation fees based on an
offender's ability to pay. The probation department may
re-evaluate an offender's ability to pay every 6 months, and,
with the approval of the Director of Court Services or the
Chief Probation Officer, adjust the monthly fee amount. An
offender may elect to pay probation fees due in a lump sum. Any
offender that has been assigned to the supervision of a
probation department, or has been transferred either under
subsection (h) of this Section or under any interstate compact,
shall be required to pay probation fees to the department
supervising the offender, based on the offender's ability to
pay.
Public Act 93-970 deletes the $10 increase in the fee under
this subsection that was imposed by Public Act 93-616. This
deletion is intended to control over any other Act of the 93rd
General Assembly that retains or incorporates that fee
increase.
(i-5) In addition to the fees imposed under subsection (i)
of this Section, in the case of an offender convicted of a
felony sex offense (as defined in the Sex Offender Management
Board Act) or an offense that the court or probation department
has determined to be sexually motivated (as defined in the Sex
Offender Management Board Act), the court or the probation
department shall assess additional fees to pay for all costs of
treatment, assessment, evaluation for risk and treatment, and
monitoring the offender, based on that offender's ability to
pay those costs either as they occur or under a payment plan.
(j) All fines and costs 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 the Criminal
and Traffic Assessment Act Section 27.5 of the Clerks of Courts
Act.
(k) Any offender who is sentenced to probation or
conditional discharge for a felony sex offense as defined in
the Sex Offender Management Board Act or any offense that the
court or probation department has determined to be sexually
motivated as defined in the Sex Offender Management Board Act
shall be required to refrain from any contact, directly or
indirectly, with any persons specified by the court and shall
be available for all evaluations and treatment programs
required by the court or the probation department.
(l) The court may order an offender who is sentenced to
probation or conditional discharge for a violation of an order
of protection be placed under electronic surveillance as
provided in Section 5-8A-7 of this Code.
(Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16;
100-159, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff.
1-8-18.)
(730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
Sec. 5-6-3.1. Incidents and conditions of supervision.
(a) When a defendant is placed on supervision, the court
shall enter an order for supervision specifying the period of
such supervision, and shall defer further proceedings in the
case until the conclusion of the period.
(b) The period of supervision shall be reasonable under all
of the circumstances of the case, but may not be longer than 2
years, unless the defendant has failed to pay the assessment
required by Section 10.3 of the Cannabis Control Act, Section
411.2 of the Illinois Controlled Substances Act, or Section 80
of the Methamphetamine Control and Community Protection Act, in
which case the court may extend supervision beyond 2 years.
Additionally, the court shall order the defendant to perform no
less than 30 hours of community service and not more than 120
hours of community service, if community service is available
in the jurisdiction and is funded and approved by the county
board where the offense was committed, when the offense (1) was
related to or in furtherance of the criminal activities of an
organized gang or was motivated by the defendant's membership
in or allegiance to an organized gang; or (2) is a violation of
any Section of Article 24 of the Criminal Code of 1961 or the
Criminal Code of 2012 where a disposition of supervision is not
prohibited by Section 5-6-1 of this Code. The community service
shall include, but not be limited to, the cleanup and repair of
any damage caused by violation of Section 21-1.3 of the
Criminal Code of 1961 or the Criminal Code of 2012 and similar
damages to property located within the municipality or county
in which the violation occurred. Where possible and reasonable,
the community service should be performed in the offender's
neighborhood.
For the purposes of this Section, "organized gang" has the
meaning ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
(c) The court may in addition to other reasonable
conditions relating to the nature of the offense or the
rehabilitation of the defendant as determined for each
defendant in the proper discretion of the court require that
the person:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or
social service agency as directed by the court in the order
of supervision;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical, psychological or psychiatric
treatment; or treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for the
instruction or residence of defendants on probation;
(6) support his dependents;
(7) refrain from possessing a firearm or other
dangerous weapon;
(8) and in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) contribute to his own support at home or in a
foster home; or
(v) with the consent of the superintendent of the
facility, attend an educational program at a facility
other than the school in which the offense was
committed if he or she is placed on supervision for a
crime of violence as defined in Section 2 of the Crime
Victims Compensation Act committed in a school, on the
real property comprising a school, or within 1,000 feet
of the real property comprising a school;
(9) make restitution or reparation in an amount not to
exceed actual loss or damage to property and pecuniary loss
or make restitution under Section 5-5-6 to a domestic
violence shelter. The court shall determine the amount and
conditions of payment;
(10) perform some reasonable public or community
service;
(11) comply with the terms and conditions of an order
of protection issued by the court pursuant to the Illinois
Domestic Violence Act of 1986 or an order of protection
issued by the court of another state, tribe, or United
States territory. If the court has ordered the defendant to
make a report and appear in person under paragraph (1) of
this subsection, a copy of the order of protection shall be
transmitted to the person or agency so designated by the
court;
(12) reimburse any "local anti-crime program" as
defined in Section 7 of the Anti-Crime Advisory Council Act
for any reasonable expenses incurred by the program on the
offender's case, not to exceed the maximum amount of the
fine authorized for the offense for which the defendant was
sentenced;
(13) contribute a reasonable sum of money, not to
exceed the maximum amount of the fine authorized for the
offense for which the defendant was sentenced, (i) to a
"local anti-crime program", as defined in Section 7 of the
Anti-Crime Advisory Council Act, or (ii) for offenses under
the jurisdiction of the Department of Natural Resources, to
the fund established by the Department of Natural Resources
for the purchase of evidence for investigation purposes and
to conduct investigations as outlined in Section 805-105 of
the Department of Natural Resources (Conservation) Law;
(14) refrain from entering into a designated
geographic area except upon such terms as the court finds
appropriate. Such terms may include consideration of the
purpose of the entry, the time of day, other persons
accompanying the defendant, and advance approval by a
probation officer;
(15) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of person, including but not limited to members of
street gangs and drug users or dealers;
(16) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act, the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection Act,
unless prescribed by a physician, and submit samples of his
or her blood or urine or both for tests to determine the
presence of any illicit drug;
(17) refrain from operating any motor vehicle not
equipped with an ignition interlock device as defined in
Section 1-129.1 of the Illinois Vehicle Code; under this
condition the court may allow a defendant who is not
self-employed to operate a vehicle owned by the defendant's
employer that is not equipped with an ignition interlock
device in the course and scope of the defendant's
employment; and
(18) if placed on supervision for a sex offense as
defined in subsection (a-5) of Section 3-1-2 of this Code,
unless the offender is a parent or guardian of the person
under 18 years of age present in the home and no
non-familial minors are present, not participate in a
holiday event involving children under 18 years of age,
such as distributing candy or other items to children on
Halloween, wearing a Santa Claus costume on or preceding
Christmas, being employed as a department store Santa
Claus, or wearing an Easter Bunny costume on or preceding
Easter.
(c-5) If payment of restitution as ordered has not been
made, the victim shall file a petition notifying the sentencing
court, any other person to whom restitution is owed, and the
State's Attorney of the status of the ordered restitution
payments unpaid at least 90 days before the supervision
expiration date. If payment as ordered has not been made, the
court shall hold a review hearing prior to the expiration date,
unless the hearing is voluntarily waived by the defendant with
the knowledge that waiver may result in an extension of the
supervision period or in a revocation of supervision. If the
court does not extend supervision, it shall issue a judgment
for the unpaid restitution and direct the clerk of the circuit
court to file and enter the judgment in the judgment and lien
docket, without fee, unless it finds that the victim has
recovered a judgment against the defendant for the amount
covered by the restitution order. If the court issues a
judgment for the unpaid restitution, the court shall send to
the defendant at his or her last known address written
notification that a civil judgment has been issued for the
unpaid restitution.
(d) The court shall defer entering any judgment on the
charges until the conclusion of the supervision.
(e) At the conclusion of the period of supervision, if the
court determines that the defendant has successfully complied
with all of the conditions of supervision, the court shall
discharge the defendant and enter a judgment dismissing the
charges.
(f) Discharge and dismissal upon a successful conclusion of
a disposition of supervision shall be deemed without
adjudication of guilt and shall not be termed a conviction for
purposes of disqualification or disabilities imposed by law
upon conviction of a crime. Two years after the discharge and
dismissal under this Section, unless the disposition of
supervision was for a violation of Sections 3-707, 3-708,
3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance, or for a violation of
Sections 12-3.2, 16-25, or 16A-3 of the Criminal Code of 1961
or the Criminal Code of 2012, in which case it shall be 5 years
after discharge and dismissal, a person may have his record of
arrest sealed or expunged as may be provided by law. However,
any defendant placed on supervision before January 1, 1980, may
move for sealing or expungement of his arrest record, as
provided by law, at any time after discharge and dismissal
under this Section. A person placed on supervision for a sexual
offense committed against a minor as defined in clause
(a)(1)(L) of Section 5.2 of the Criminal Identification Act or
for a violation of Section 11-501 of the Illinois Vehicle Code
or a similar provision of a local ordinance shall not have his
or her record of arrest sealed or expunged.
(g) A defendant placed on supervision and who during the
period of supervision undergoes mandatory drug or alcohol
testing, or both, or is assigned to be placed on an approved
electronic monitoring device, shall be ordered to pay the costs
incidental to such mandatory drug or alcohol testing, or both,
and costs incidental to such approved electronic monitoring in
accordance with the defendant's ability to pay those costs. The
county board with the concurrence of the Chief Judge of the
judicial circuit in which the county is located shall establish
reasonable fees for the cost of maintenance, testing, and
incidental expenses related to the mandatory drug or alcohol
testing, or both, and all costs incidental to approved
electronic monitoring, of all defendants placed on
supervision. The concurrence of the Chief Judge shall be in the
form of an administrative order. The fees shall be collected by
the clerk of the circuit court, except as provided in an
administrative order of the Chief Judge of the circuit court.
The clerk of the circuit court shall pay all moneys collected
from these fees to the county treasurer who shall use the
moneys collected to defray the costs of drug testing, alcohol
testing, and electronic monitoring. The county treasurer shall
deposit the fees collected in the county working cash fund
under Section 6-27001 or Section 6-29002 of the Counties Code,
as the case may be.
The Chief Judge of the circuit court of the county may by
administrative order establish a program for electronic
monitoring of offenders, in which a vendor supplies and
monitors the operation of the electronic monitoring device, and
collects the fees on behalf of the county. The program shall
include provisions for indigent offenders and the collection of
unpaid fees. The program shall not unduly burden the offender
and shall be subject to review by the Chief Judge.
The Chief Judge of the circuit court may suspend any
additional charges or fees for late payment, interest, or
damage to any device.
(h) A disposition of supervision is a final order for the
purposes of appeal.
(i) The court shall impose upon a defendant placed on
supervision after January 1, 1992 or to community service under
the supervision of a probation or court services department
after January 1, 2004, as a condition of supervision or
supervised community service, a fee of $50 for each month of
supervision or supervised community service ordered by the
court, unless after determining the inability of the person
placed on supervision or supervised community service to pay
the fee, the court assesses a lesser fee. The court may not
impose the fee on a minor who is placed in the guardianship or
custody of the Department of Children and Family Services under
the Juvenile Court Act of 1987 while the minor is in placement.
The fee shall be imposed only upon a defendant who is actively
supervised by the probation and court services department. The
fee shall be collected by the clerk of the circuit court. The
clerk of the circuit court shall pay all monies collected from
this fee to the county treasurer for deposit in the probation
and court services fund pursuant to Section 15.1 of the
Probation and Probation Officers Act.
A circuit court may not impose a probation fee in excess of
$25 per month unless the circuit court has adopted, by
administrative order issued by the chief judge, a standard
probation fee guide determining an offender's ability to pay.
Of the amount collected as a probation fee, not to exceed $5 of
that fee collected per month may be used to provide services to
crime victims and their families.
The Court may only waive probation fees based on an
offender's ability to pay. The probation department may
re-evaluate an offender's ability to pay every 6 months, and,
with the approval of the Director of Court Services or the
Chief Probation Officer, adjust the monthly fee amount. An
offender may elect to pay probation fees due in a lump sum. Any
offender that has been assigned to the supervision of a
probation department, or has been transferred either under
subsection (h) of this Section or under any interstate compact,
shall be required to pay probation fees to the department
supervising the offender, based on the offender's ability to
pay.
(j) All fines and costs 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 the Criminal
and Traffic Assessment Act Section 27.5 of the Clerks of Courts
Act.
(k) A defendant at least 17 years of age who is placed on
supervision for a misdemeanor in a county of 3,000,000 or more
inhabitants and who has not been previously convicted of a
misdemeanor or felony may as a condition of his or her
supervision be required by the court to attend educational
courses designed to prepare the defendant for a high school
diploma and to work toward a high school diploma or to work
toward passing high school equivalency testing or to work
toward completing a vocational training program approved by the
court. The defendant placed on supervision must attend a public
institution of education to obtain the educational or
vocational training required by this subsection (k). The
defendant placed on supervision shall be required to pay for
the cost of the educational courses or high school equivalency
testing if a fee is charged for those courses or testing. The
court shall revoke the supervision of a person who wilfully
fails to comply with this subsection (k). The court shall
resentence the defendant upon revocation of supervision as
provided in Section 5-6-4. This subsection (k) does not apply
to a defendant who has a high school diploma or has
successfully passed high school equivalency testing. This
subsection (k) does not apply to a defendant who is determined
by the court to be a person with a developmental disability or
otherwise mentally incapable of completing the educational or
vocational program.
(l) The court shall require a defendant placed on
supervision for possession of a substance prohibited by the
Cannabis Control Act, the Illinois Controlled Substances Act,
or the Methamphetamine Control and Community Protection Act
after a previous conviction or disposition of supervision for
possession of a substance prohibited by the Cannabis Control
Act, the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection Act or a
sentence of probation under Section 10 of the Cannabis Control
Act or Section 410 of the Illinois Controlled Substances Act
and after a finding by the court that the person is addicted,
to undergo treatment at a substance abuse program approved by
the court.
(m) The Secretary of State shall require anyone placed on
court supervision for a violation of Section 3-707 of the
Illinois Vehicle Code or a similar provision of a local
ordinance to give proof of his or her financial responsibility
as defined in Section 7-315 of the Illinois Vehicle Code. The
proof shall be maintained by the individual in a manner
satisfactory to the Secretary of State for a minimum period of
3 years after the date the proof is first filed. The proof
shall be limited to a single action per arrest and may not be
affected by any post-sentence disposition. The Secretary of
State shall suspend the driver's license of any person
determined by the Secretary to be in violation of this
subsection.
(n) Any offender placed on supervision for any offense that
the court or probation department has determined to be sexually
motivated as defined in the Sex Offender Management Board Act
shall be required to refrain from any contact, directly or
indirectly, with any persons specified by the court and shall
be available for all evaluations and treatment programs
required by the court or the probation department.
(o) An offender placed on supervision for a sex offense as
defined in the Sex Offender Management Board Act shall refrain
from residing at the same address or in the same condominium
unit or apartment unit or in the same condominium complex or
apartment complex with another person he or she knows or
reasonably should know is a convicted sex offender or has been
placed on supervision for a sex offense. The provisions of this
subsection (o) do not apply to a person convicted of a sex
offense who is placed in a Department of Corrections licensed
transitional housing facility for sex offenders.
(p) An offender placed on supervision for an offense
committed on or after June 1, 2008 (the effective date of
Public Act 95-464) that would qualify the accused as a child
sex offender as defined in Section 11-9.3 or 11-9.4 of the
Criminal Code of 1961 or the Criminal Code of 2012 shall
refrain from communicating with or contacting, by means of the
Internet, a person who is not related to the accused and whom
the accused reasonably believes to be under 18 years of age.
For purposes of this subsection (p), "Internet" has the meaning
ascribed to it in Section 16-0.1 of the Criminal Code of 2012;
and a person is not related to the accused if the person is
not: (i) the spouse, brother, or sister of the accused; (ii) a
descendant of the accused; (iii) a first or second cousin of
the accused; or (iv) a step-child or adopted child of the
accused.
(q) An offender placed on supervision for an offense
committed on or after June 1, 2008 (the effective date of
Public Act 95-464) that would qualify the accused as a child
sex offender as defined in Section 11-9.3 or 11-9.4 of the
Criminal Code of 1961 or the Criminal Code of 2012 shall, if so
ordered by the court, refrain from communicating with or
contacting, by means of the Internet, a person who is related
to the accused and whom the accused reasonably believes to be
under 18 years of age. For purposes of this subsection (q),
"Internet" has the meaning ascribed to it in Section 16-0.1 of
the Criminal Code of 2012; and a person is related to the
accused if the person is: (i) the spouse, brother, or sister of
the accused; (ii) a descendant of the accused; (iii) a first or
second cousin of the accused; or (iv) a step-child or adopted
child of the accused.
(r) An offender placed on supervision for an offense under
Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a
juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or
11-21 of the Criminal Code of 1961 or the Criminal Code of
2012, or any attempt to commit any of these offenses, committed
on or after June 1, 2009 (the effective date of Public Act
95-983) shall:
(i) not access or use a computer or any other device
with Internet capability without the prior written
approval of the court, except in connection with the
offender's employment or search for employment with the
prior approval of the court;
(ii) submit to periodic unannounced examinations of
the offender's computer or any other device with Internet
capability by the offender's probation officer, a law
enforcement officer, or assigned computer or information
technology specialist, including the retrieval and copying
of all data from the computer or device and any internal or
external peripherals and removal of such information,
equipment, or device to conduct a more thorough inspection;
(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
offender's expense, of one or more hardware or software
systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a computer or
any other device with Internet capability imposed by the
court.
(s) An offender placed on supervision for an offense that
is a sex offense as defined in Section 2 of the Sex Offender
Registration Act that is committed on or after January 1, 2010
(the effective date of Public Act 96-362) that requires the
person to register as a sex offender under that Act, may not
knowingly use any computer scrub software on any computer that
the sex offender uses.
(t) An offender placed on supervision for a sex offense as
defined in the Sex Offender Registration Act committed on or
after January 1, 2010 (the effective date of Public Act 96-262)
shall refrain from accessing or using a social networking
website as defined in Section 17-0.5 of the Criminal Code of
2012.
(u) Jurisdiction over an offender may be transferred from
the sentencing court to the court of another circuit with the
concurrence of both courts. Further transfers or retransfers of
jurisdiction are also authorized in the same manner. The court
to which jurisdiction has been transferred shall have the same
powers as the sentencing court. The probation department within
the circuit to which jurisdiction has been transferred may
impose probation fees upon receiving the transferred offender,
as provided in subsection (i). The probation department from
the original sentencing court shall retain all probation fees
collected prior to the transfer.
(Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15;
99-642, eff. 7-28-16; 99-797, eff. 8-12-16; 100-159, eff.
8-18-17; 100-201, eff. 8-18-17.)
(730 ILCS 5/5-7-1) (from Ch. 38, par. 1005-7-1)
Sec. 5-7-1. Sentence of Periodic Imprisonment.
(a) A sentence of periodic imprisonment is a sentence of
imprisonment during which the committed person may be released
for periods of time during the day or night or for periods of
days, or both, or if convicted of a felony, other than first
degree murder, a Class X or Class 1 felony, committed to any
county, municipal, or regional correctional or detention
institution or facility in this State for such periods of time
as the court may direct. Unless the court orders otherwise, the
particular times and conditions of release shall be determined
by the Department of Corrections, the sheriff, or the
Superintendent of the house of corrections, who is
administering the program.
(b) A sentence of periodic imprisonment may be imposed to
permit the defendant to:
(1) seek employment;
(2) work;
(3) conduct a business or other self-employed
occupation including housekeeping;
(4) attend to family needs;
(5) attend an educational institution, including
vocational education;
(6) obtain medical or psychological treatment;
(7) perform work duties at a county, municipal, or
regional correctional or detention institution or
facility;
(8) continue to reside at home with or without
supervision involving the use of an approved electronic
monitoring device, subject to Article 8A of Chapter V; or
(9) for any other purpose determined by the court.
(c) Except where prohibited by other provisions of this
Code, the court may impose a sentence of periodic imprisonment
for a felony or misdemeanor on a person who is 17 years of age
or older. The court shall not impose a sentence of periodic
imprisonment if it imposes a sentence of imprisonment upon the
defendant in excess of 90 days.
(d) A sentence of periodic imprisonment shall be for a
definite term of from 3 to 4 years for a Class 1 felony, 18 to
30 months for a Class 2 felony, and up to 18 months, or the
longest sentence of imprisonment that could be imposed for the
offense, whichever is less, for all other offenses; however, no
person shall be sentenced to a term of periodic imprisonment
longer than one year if he is committed to a county
correctional institution or facility, and in conjunction with
that sentence participate in a county work release program
comparable to the work and day release program provided for in
Article 13 of the Unified Code of Corrections in State
facilities. The term of the sentence shall be calculated upon
the basis of the duration of its term rather than upon the
basis of the actual days spent in confinement. No sentence of
periodic imprisonment shall be subject to the good time credit
provisions of Section 3-6-3 of this Code.
(e) When the court imposes a sentence of periodic
imprisonment, it shall state:
(1) the term of such sentence;
(2) the days or parts of days which the defendant is to
be confined;
(3) the conditions.
(f) The court may issue an order of protection pursuant to
the Illinois Domestic Violence Act of 1986 as a condition of a
sentence of periodic imprisonment. The Illinois Domestic
Violence Act of 1986 shall govern the issuance, enforcement and
recording of orders of protection issued under this Section. A
copy of the order of protection shall be transmitted to the
person or agency having responsibility for the case.
(f-5) An offender sentenced to a term of periodic
imprisonment for a felony sex offense as defined in the Sex
Offender Management Board Act shall be required to undergo and
successfully complete sex offender treatment by a treatment
provider approved by the Board and conducted in conformance
with the standards developed under the Sex Offender Management
Board Act.
(g) An offender sentenced to periodic imprisonment who
undergoes mandatory drug or alcohol testing, or both, or is
assigned to be placed on an approved electronic monitoring
device, shall be ordered to pay the costs incidental to such
mandatory drug or alcohol testing, or both, and costs
incidental to such approved electronic monitoring in
accordance with the defendant's ability to pay those costs. The
county board with the concurrence of the Chief Judge of the
judicial circuit in which the county is located shall establish
reasonable fees for the cost of maintenance, testing, and
incidental expenses related to the mandatory drug or alcohol
testing, or both, and all costs incidental to approved
electronic monitoring, of all offenders with a sentence of
periodic imprisonment. The concurrence of the Chief Judge shall
be in the form of an administrative order. The fees shall be
collected by the clerk of the circuit court, except as provided
in an administrative order of the Chief Judge of the circuit
court. The clerk of the circuit court shall pay all moneys
collected from these fees to the county treasurer who shall use
the moneys collected to defray the costs of drug testing,
alcohol testing, and electronic monitoring. The county
treasurer shall deposit the fees collected in the county
working cash fund under Section 6-27001 or Section 6-29002 of
the Counties Code, as the case may be.
(h) All fees and costs 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 the Criminal
and Traffic Assessment Act Section 27.5 of the Clerks of Courts
Act.
The Chief Judge of the circuit court of the county may by
administrative order establish a program for electronic
monitoring of offenders, in which a vendor supplies and
monitors the operation of the electronic monitoring device, and
collects the fees on behalf of the county. The program shall
include provisions for indigent offenders and the collection of
unpaid fees. The program shall not unduly burden the offender
and shall be subject to review by the Chief Judge.
The Chief Judge of the circuit court may suspend any
additional charges or fees for late payment, interest, or
damage to any device.
(i) A defendant at least 17 years of age who is convicted
of a misdemeanor or felony in a county of 3,000,000 or more
inhabitants and who has not been previously convicted of a
misdemeanor or a felony and who is sentenced to a term of
periodic imprisonment may as a condition of his or her sentence
be required by the court to attend educational courses designed
to prepare the defendant for a high school diploma and to work
toward receiving a high school diploma or to work toward
passing high school equivalency testing or to work toward
completing a vocational training program approved by the court.
The defendant sentenced to periodic imprisonment must attend a
public institution of education to obtain the educational or
vocational training required by this subsection (i). The
defendant sentenced to a term of periodic imprisonment shall be
required to pay for the cost of the educational courses or high
school equivalency testing if a fee is charged for those
courses or testing. The court shall revoke the sentence of
periodic imprisonment of the defendant who wilfully fails to
comply with this subsection (i). The court shall resentence the
defendant whose sentence of periodic imprisonment has been
revoked as provided in Section 5-7-2. This subsection (i) does
not apply to a defendant who has a high school diploma or has
successfully passed high school equivalency testing. This
subsection (i) does not apply to a defendant who is determined
by the court to be a person with a developmental disability or
otherwise mentally incapable of completing the educational or
vocational program.
(Source: P.A. 98-718, eff. 1-1-15; 99-143, eff. 7-27-15;
99-797, eff. 8-12-16.)
(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.).
(c) (Blank). 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 $15 for each $40, or
fraction thereof, of fine imposed. The additional penalty of
$15 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 $3 for each $40, or fraction
thereof, of fine imposed into the Law Enforcement Camera Grant
Fund. The remaining surcharge amount shall be deposited into
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) (Blank). 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 $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) (Blank). 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 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).
(d) In determining the amount and method of payment of a
fine, except for those fines established for violations of
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) (Blank). 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. 99-352, eff. 1-1-16.)
(730 ILCS 5/5-9-1.4) (from Ch. 38, par. 1005-9-1.4)
Sec. 5-9-1.4. (a) "Crime laboratory" means any
not-for-profit laboratory registered with the Drug Enforcement
Administration of the United States Department of Justice,
substantially funded by a unit or combination of units of local
government or the State of Illinois, which regularly employs at
least one person engaged in the analysis of controlled
substances, cannabis, methamphetamine, or steroids for
criminal justice agencies in criminal matters and provides
testimony with respect to such examinations.
(b) (Blank). When a person has been adjudged guilty of an
offense in violation of the Cannabis Control Act, the Illinois
Controlled Substances Act, the Methamphetamine Control and
Community Protection Act, or the Steroid Control Act, in
addition to any other disposition, penalty or fine imposed, a
criminal laboratory analysis fee of $100 for each offense for
which he was convicted shall be levied by the court. Any person
placed on probation pursuant to Section 10 of the Cannabis
Control Act, Section 410 of the Illinois Controlled Substances
Act, Section 70 of the Methamphetamine Control and Community
Protection Act, or Section 10 of the Steroid Control Act or
placed on supervision for a violation of the Cannabis Control
Act, the Illinois Controlled Substances Act or the Steroid
Control Act shall be assessed a criminal laboratory analysis
fee of $100 for each offense for which he was charged. Upon
verified petition of the person, the court may suspend payment
of all or part of the fee if it finds that the person does not
have the ability to pay the fee.
(c) In addition to any other disposition made pursuant to
the provisions of the Juvenile Court Act of 1987, any minor
adjudicated delinquent for an offense which if committed by an
adult would constitute a violation of the Cannabis Control Act,
the Illinois Controlled Substances Act, the Methamphetamine
Control and Community Protection Act, or the Steroid Control
Act shall be required to pay assessed a criminal laboratory
analysis assessment fee of $100 for each adjudication. Upon
verified petition of the minor, the court may suspend payment
of all or part of the assessment fee if it finds that the minor
does not have the ability to pay the assessment fee. The
parent, guardian or legal custodian of the minor may pay some
or all of such assessment fee on the minor's behalf.
(d) All criminal laboratory analysis fees provided for by
this Section shall be collected by the clerk of the court and
forwarded to the appropriate crime laboratory fund as provided
in subsection (f).
(e) Crime laboratory funds shall be established as follows:
(1) Any unit of local government which maintains a
crime laboratory may establish a crime laboratory fund
within the office of the county or municipal treasurer.
(2) Any combination of units of local government which
maintains a crime laboratory may establish a crime
laboratory fund within the office of the treasurer of the
county where the crime laboratory is situated.
(3) The State Crime Laboratory Fund is hereby created
as a special fund in the State Treasury.
(f) The analysis assessment fee provided for in subsection
subsections (b) and (c) of this Section shall be forwarded to
the office of the treasurer of the unit of local government
that performed the analysis if that unit of local government
has established a crime laboratory fund, or to the State Crime
Laboratory Fund if the analysis was performed by a laboratory
operated by the Illinois State Police. If the analysis was
performed by a crime laboratory funded by a combination of
units of local government, the analysis assessment fee shall be
forwarded to the treasurer of the county where the crime
laboratory is situated if a crime laboratory fund has been
established in that county. If the unit of local government or
combination of units of local government has not established a
crime laboratory fund, then the analysis assessment fee shall
be forwarded to the State Crime Laboratory Fund. The clerk of
the circuit court may retain the amount of $10 from each
collected analysis fee to offset administrative costs incurred
in carrying out the clerk's responsibilities under this
Section.
(g) Moneys Fees deposited into a crime laboratory fund
created pursuant to paragraphs (1) or (2) of subsection (e) of
this Section shall be in addition to any allocations made
pursuant to existing law and shall be designated for the
exclusive use of the crime laboratory. These uses may include,
but are not limited to, the following:
(1) costs incurred in providing analysis for
controlled substances in connection with criminal
investigations conducted within this State;
(2) purchase and maintenance of equipment for use in
performing analyses; and
(3) continuing education, training and professional
development of forensic scientists regularly employed by
these laboratories.
(h) Moneys Fees deposited in the State Crime Laboratory
Fund created pursuant to paragraph (3) of subsection (d) of
this Section shall be used by State crime laboratories as
designated by the Director of State Police. These funds shall
be in addition to any allocations made pursuant to existing law
and shall be designated for the exclusive use of State crime
laboratories. These uses may include those enumerated in
subsection (g) of this Section.
(Source: P.A. 94-556, eff. 9-11-05.)
(730 ILCS 5/5-9-1.7) (from Ch. 38, par. 1005-9-1.7)
Sec. 5-9-1.7. Sexual assault fines.
(a) Definitions. The terms used in this Section shall have
the following meanings ascribed to them:
(1) "Sexual assault" means the commission or attempted
commission of the following: sexual exploitation of a
child, criminal sexual assault, predatory criminal sexual
assault of a child, aggravated criminal sexual assault,
criminal sexual abuse, aggravated criminal sexual abuse,
indecent solicitation of a child, public indecency, sexual
relations within families, promoting juvenile
prostitution, soliciting for a juvenile prostitute,
keeping a place of juvenile prostitution, patronizing a
juvenile prostitute, juvenile pimping, exploitation of a
child, obscenity, child pornography, aggravated child
pornography, harmful material, or ritualized abuse of a
child, as those offenses are defined in the Criminal Code
of 1961 or the Criminal Code of 2012.
(2) (Blank). "Family member" shall have the meaning
ascribed to it in Section 11-0.1 of the Criminal Code of
2012.
(3) "Sexual assault organization" means any
not-for-profit organization providing comprehensive,
community-based services to victims of sexual assault.
"Community-based services" include, but are not limited
to, direct crisis intervention through a 24-hour response,
medical and legal advocacy, counseling, information and
referral services, training, and community education.
(b) (Blank). Sexual assault fine; collection by clerk.
(1) In addition to any other penalty imposed, a fine of
$200 shall be imposed upon any person who pleads guilty or
who is convicted of, or who receives a disposition of court
supervision for, a sexual assault or attempt of a sexual
assault. Upon request of the victim or the victim's
representative, the court shall determine whether the fine
will impose an undue burden on the victim of the offense.
For purposes of this paragraph, the defendant may not be
considered the victim's representative. If the court finds
that the fine would impose an undue burden on the victim,
the court may reduce or waive the fine. The court shall
order that the defendant may not use funds belonging solely
to the victim of the offense for payment of the fine.
(2) Sexual assault fines shall be assessed by the court
imposing the sentence and shall be collected by the circuit
clerk. The circuit clerk shall retain 10% of the penalty to
cover the costs involved in administering and enforcing
this Section. The circuit clerk shall remit the remainder
of each fine within one month of its receipt to the State
Treasurer for deposit as follows:
(i) for family member offenders, one-half to the
Sexual Assault Services Fund, and one-half to the
Domestic Violence Shelter and Service Fund; and
(ii) for other than family member offenders, the
full amount to the Sexual Assault Services Fund.
(c) Sexual Assault Services Fund; administration. There is
created a Sexual Assault Services Fund. Moneys deposited into
the Fund under Section 15-20 and 15-40 of the Criminal and
Traffic Assessment Act this Section shall be appropriated to
the Department of Public Health. Upon appropriation of moneys
from the Sexual Assault Services Fund, the Department of Public
Health shall make grants of these moneys from the Fund to
sexual assault organizations with whom the Department has
contracts for the purpose of providing community-based
services to victims of sexual assault. Grants made under this
Section are in addition to, and are not substitutes for, other
grants authorized and made by the Department.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1109, eff. 1-1-13;
97-1150, eff. 1-25-13.)
(730 ILCS 5/5-9-1.9)
Sec. 5-9-1.9. DUI analysis fee.
(a) "Crime laboratory" means a not-for-profit laboratory
substantially funded by a single unit or combination of units
of local government or the State of Illinois that regularly
employs at least one person engaged in the DUI analysis of
blood, other bodily substance, and urine for criminal justice
agencies in criminal matters and provides testimony with
respect to such examinations.
"DUI analysis" means an analysis of blood, other bodily
substance, or urine for purposes of determining whether a
violation of Section 11-501 of the Illinois Vehicle Code has
occurred.
(b) (Blank). When a person has been adjudged guilty of an
offense in violation of Section 11-501 of the Illinois Vehicle
Code, in addition to any other disposition, penalty, or fine
imposed, a crime laboratory DUI analysis fee of $150 for each
offense for which the person was convicted shall be levied by
the court for each case in which a laboratory analysis
occurred. Upon verified petition of the person, the court may
suspend payment of all or part of the fee if it finds that the
person does not have the ability to pay the fee.
(c) In addition to any other disposition made under the
provisions of the Juvenile Court Act of 1987, any minor
adjudicated delinquent for an offense which if committed by an
adult would constitute a violation of Section 11-501 of the
Illinois Vehicle Code shall pay be assessed a crime laboratory
DUI analysis assessment fee of $150 for each adjudication. Upon
verified petition of the minor, the court may suspend payment
of all or part of the assessment fee if it finds that the minor
does not have the ability to pay the assessment fee. The
parent, guardian, or legal custodian of the minor may pay some
or all of the assessment fee on the minor's behalf.
(d) All crime laboratory DUI analysis assessments fees
provided for by this Section shall be collected by the clerk of
the court and forwarded to the appropriate crime laboratory DUI
fund as provided in subsection (f).
(e) Crime laboratory funds shall be established as follows:
(1) A unit of local government that maintains a crime
laboratory may establish a crime laboratory DUI fund within
the office of the county or municipal treasurer.
(2) Any combination of units of local government that
maintains a crime laboratory may establish a crime
laboratory DUI fund within the office of the treasurer of
the county where the crime laboratory is situated.
(3) The State Police DUI Fund is created as a special
fund in the State Treasury.
(f) The analysis assessment fee provided for in subsection
subsections (b) and (c) of this Section shall be forwarded to
the office of the treasurer of the unit of local government
that performed the analysis if that unit of local government
has established a crime laboratory DUI fund, or to the State
Treasurer for deposit into the State Police Operations
Assistance DUI Fund if the analysis was performed by a
laboratory operated by the Department of State Police. If the
analysis was performed by a crime laboratory funded by a
combination of units of local government, the analysis
assessment fee shall be forwarded to the treasurer of the
county where the crime laboratory is situated if a crime
laboratory DUI fund has been established in that county. If the
unit of local government or combination of units of local
government has not established a crime laboratory DUI fund,
then the analysis assessment fee shall be forwarded to the
State Treasurer for deposit into the State Police Operations
Assistance Fund DUI Fund. The clerk of the circuit court may
retain the amount of $10 from each collected analysis fee to
offset administrative costs incurred in carrying out the
clerk's responsibilities under this Section.
(g) Moneys Fees deposited into a crime laboratory DUI fund
created under paragraphs (1) and (2) of subsection (e) of this
Section shall be in addition to any allocations made pursuant
to existing law and shall be designated for the exclusive use
of the crime laboratory. These uses may include, but are not
limited to, the following:
(1) Costs incurred in providing analysis for DUI
investigations conducted within this State.
(2) Purchase and maintenance of equipment for use in
performing analyses.
(3) Continuing education, training, and professional
development of forensic scientists regularly employed by
these laboratories.
(h) Moneys Fees deposited in the State Police Operations
Assistance DUI Fund created under paragraph (3) of subsection
(e) of this Section shall be used by State crime laboratories
as designated by the Director of State Police. These funds
shall be in addition to any allocations made according to
existing law and shall be designated for the exclusive use of
State crime laboratories. These uses may include those
enumerated in subsection (g) of this Section.
(Source: P.A. 99-697, eff. 7-29-16.)
(730 ILCS 5/5-9-1.11)
Sec. 5-9-1.11. Domestic Violence Abuser Services Violation
of an order of protection; Fund.
(a) (Blank). In addition to any other penalty imposed, a
fine of $20 shall be imposed upon any person who is convicted
of or placed on supervision for violation of an order of
protection; provided that the offender and victim are family or
household members as defined in Section 103 of the Illinois
Domestic Violence Act of 1986.
The additional amount shall be assessed by the court
imposing sentence and shall be collected by the Circuit Clerk
in addition to the fine, if any, 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 for
deposit into the Domestic Violence Abuser Services Fund. The
Circuit Clerk shall retain 10% of the penalty to cover the
costs incurred in administering and enforcing this Section. 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.
The State Treasurer shall deposit into the Domestic
Violence Abuser Services Fund each fine received from circuit
clerks under Section 5-9-1.5 of the Unified Code of
Corrections.
Upon request of the victim or the victim's representative,
the court shall determine whether the fine will impose an undue
burden on the victim of the offense. For purposes of this
paragraph, the defendant may not be considered the victim's
representative. If the court finds that the fine would impose
an undue burden on the victim, the court may reduce or waive
the fine. The court shall order that the defendant may not use
funds belonging solely to the victim of the offense for payment
of the fine.
Not later than March 1 of each year the Clerk of the
Circuit Court shall submit to the State Comptroller a report of
the amount of funds remitted by her or him to the State
Treasurer under this Section during the preceding calendar
year. Except as otherwise provided by Supreme Court Rules, if a
court in sentencing an offender levies a gross amount for fine,
costs, fees and penalties, the amount of the additional penalty
provided for in this Section shall be collected from 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 in this Section, 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 under Section 5-1101 of
the Counties Code.
(b) Domestic Violence Abuser Services Fund;
administration. There is created a Domestic Violence Abuser
Services Fund in the State Treasury. Moneys deposited into the
Fund under Section 15-70 of the Criminal and Traffic
Assessments Act this Section shall be appropriated to the
Department of Human Services for the purpose of providing
services specified by this Section. Upon appropriation of
moneys from the Domestic Violence Abuser Services Fund, the
Department of Human Services shall set aside 10% of all
appropriated funds for the purposes of program training,
development and assessment. The Department shall make grants of
all remaining moneys from the Fund to qualified domestic
violence abuser services programs through a competitive
application process. A "qualified domestic violence abuser
services program" is one which the Department determines is in
compliance with protocols for abuser services promulgated by
the Department. To the extent possible the Department shall
ensure that moneys received from penalties imposed by courts in
judicial districts are returned to qualified abuser services
programs serving those districts.
(Source: P.A. 90-241, eff. 1-1-98.)
(730 ILCS 5/5-9-1.16)
Sec. 5-9-1.16. Protective order violation service provider
fees.
(a) (Blank). There shall be added to every penalty imposed
in sentencing for a violation of an order of protection under
Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the
Criminal Code of 2012 an additional fee to be set in an amount
not less than $200 to be imposed upon a plea of guilty or
finding of guilty resulting in a judgment of conviction.
(b) (Blank). Such additional amount shall be assessed by
the court imposing sentence and shall be collected by the
Circuit Clerk in addition to the fine, if any, and costs in the
case to be used by the supervising authority in implementing
the domestic violence surveillance program. The clerk of the
circuit court shall pay all monies collected from this fee to
the county treasurer for deposit in the probation and court
services fund under Section 15.1 of the Probation and
Probations Officers Act.
(c) The supervising authority of a domestic violence
surveillance program under Section 5-8A-7 of this Act shall
assess a person either convicted of, or charged with, the
violation of an order of protection an additional service
provider fee to cover the costs of providing the equipment used
and the additional supervision needed for such domestic
violence surveillance program. If the court finds that the fee
would impose an undue burden on the victim, the court may
reduce or waive the fee. The court shall order that the
defendant may not use funds belonging solely to the victim of
the offense for payment of the fee.
When the supervising authority is the court or the
probation and court services department, the fee shall be
collected by the circuit court clerk. The clerk of the circuit
court shall pay all monies collected from this fee and all
other required probation fees that are assessed to the county
treasurer for deposit in the probation and court services fund
under Section 15.1 of the Probation and Probations Officers
Act. In counties with a population of 2 million or more, when
the supervising authority is the court or the probation and
court services department, the fee shall be collected by the
supervising authority. In these counties, the supervising
authority shall pay all monies collected from this fee and all
other required probation fees that are assessed, to the county
treasurer for deposit in the probation and court services fund
under Section 15.1 of the Probation and Probation Officers Act.
When the supervising authority is the Department of
Corrections, the Department shall collect the fee for deposit
into the Department of Corrections Reimbursement and Education
Fund. The Circuit Clerk shall retain 10% of such penalty and
deposit that percentage into the Circuit Court Clerk Operation
and Administrative Fund to cover the costs incurred in
administering and enforcing this Section.
(d) (Blank).
(e) (Blank).
(Source: P.A. 99-933, eff. 1-27-17.)
(730 ILCS 5/5-9-1.21)
Sec. 5-9-1.21. Specialized Services for Survivors of Human
Trafficking Fund.
(a) There is created in the State treasury a Specialized
Services for Survivors of Human Trafficking Fund. Moneys
deposited into the Fund under this Section shall be available
for the Department of Human Services for the purposes in this
Section.
(b) (Blank). Each plea of guilty, stipulation of facts, or
finding of guilt resulting in a judgment of conviction or order
of supervision for an offense under Section 10-9, 11-14.1,
11-14.3, or 11-18 of the Criminal Code of 2012 that results in
the imposition of a fine shall have a portion of that fine
deposited into the Specialized Services for Survivors of Human
Trafficking Fund.
(c) (Blank). If imposed, the fine shall be collected by the
circuit court clerk in addition to any other imposed fee. The
circuit court clerk shall retain $50 to cover the costs in
administering and enforcing this Section. The circuit court
clerk shall remit the remainder of the fine within one month of
its receipt as follows:
(1) $300 shall be distributed equally between all State
law enforcement agencies whose officers or employees
conducted the investigation or prosecution that resulted
in the finding of guilt; and
(2) the remainder of the fine shall be remitted to the
Department of Human Services for deposit into the
Specialized Services for Survivors of Human Trafficking
Fund.
(d) Upon appropriation of moneys from the Specialized
Services for Survivors of Human Trafficking Fund, the
Department of Human Services shall use these moneys to make
grants to non-governmental organizations to provide
specialized, trauma-informed services specifically designed to
address the priority service needs associated with
prostitution and human trafficking. Priority services include,
but are not limited to, community based drop-in centers,
emergency housing, and long-term safe homes. The Department
shall consult with prostitution and human trafficking
advocates, survivors, and service providers to identify
priority service needs in their respective communities.
(e) Grants made under this Section are in addition to, and
not substitutes for, other grants authorized and made by the
Department.
(f) Notwithstanding any other law to the contrary, the
Specialized Services for Survivors of Human Trafficking Fund is
not subject to sweeps, administrative charge-backs, or any
other fiscal maneuver that would in any way transfer any
amounts from the Specialized Services for Survivors of Human
Trafficking Fund into any other fund of the State.
(Source: P.A. 98-1013, eff. 1-1-15.)
(730 ILCS 5/5-9-1.1 rep.)
(730 ILCS 5/5-9-1.1-5 rep.)
(730 ILCS 5/5-9-1.5 rep.)
(730 ILCS 5/5-9-1.6 rep.)
(730 ILCS 5/5-9-1.10 rep.)
(730 ILCS 5/5-9-1.12 rep.)
(730 ILCS 5/5-9-1.14 rep.)
(730 ILCS 5/5-9-1.15 rep.)
(730 ILCS 5/5-9-1.17 rep.)
(730 ILCS 5/5-9-1.18 rep.)
(730 ILCS 5/5-9-1.19 rep.)
(730 ILCS 5/5-9-1.20 rep.)
Section 905-93. The Unified Code of Corrections is amended
by repealing Sections 5-9-1.1, 5-9-1.1-5, 5-9-1.5, 5-9-1.6,
5-9-1.10, 5-9-1.12, 5-9-1.14, 5-9-1.15, 5-9-1.17, 5-9-1.18,
5-9-1.19, and 5-9-1.20.
Section 905-95. The County Jail Act is amended by changing
Section 17 as follows:
(730 ILCS 125/17) (from Ch. 75, par. 117)
Sec. 17. Bedding, clothing, fuel, and medical aid;
reimbursement for medical expenses. The Warden of the jail
shall furnish necessary bedding, clothing, fuel, and medical
services for all prisoners under his charge, and keep an
accurate account of the same. When services that result in
qualified medical expenses are required by any person held in
custody, the county, private hospital, physician or any public
agency which provides such services shall be entitled to obtain
reimbursement from the county for the cost of such services.
The county board of a county may adopt an ordinance or
resolution providing for reimbursement for the cost of those
services at the Department of Healthcare and Family Services'
rates for medical assistance. To the extent that such person is
reasonably able to pay for such care, including reimbursement
from any insurance program or from other medical benefit
programs available to such person, he or she shall reimburse
the county or arresting authority. If such person has already
been determined eligible for medical assistance under the
Illinois Public Aid Code at the time the person is detained,
the cost of such services, to the extent such cost exceeds
$500, shall be reimbursed by the Department of Healthcare and
Family Services under that Code. A reimbursement under any
public or private program authorized by this Section shall be
paid to the county or arresting authority to the same extent as
would have been obtained had the services been rendered in a
non-custodial environment.
The sheriff or his or her designee may cause an application
for medical assistance under the Illinois Public Aid Code to be
completed for an arrestee who is a hospital inpatient. If such
arrestee is determined eligible, he or she shall receive
medical assistance under the Code for hospital inpatient
services only. An arresting authority shall be responsible for
any qualified medical expenses relating to the arrestee until
such time as the arrestee is placed in the custody of the
sheriff. However, the arresting authority shall not be so
responsible if the arrest was made pursuant to a request by the
sheriff. When medical expenses are required by any person held
in custody, the county shall be entitled to obtain
reimbursement from the County Jail Medical Costs Fund to the
extent moneys are available from the Fund. To the extent that
the person is reasonably able to pay for that care, including
reimbursement from any insurance program or from other medical
benefit programs available to the person, he or she shall
reimburse the county.
The county shall be entitled to a $10 fee for each
conviction or order of supervision for a criminal violation,
other than a petty offense or business offense. The fee shall
be taxed as costs to be collected from the defendant, if
possible, upon conviction or entry of an order of supervision.
The fee shall not be considered a part of the fine for purposes
of any reduction in the fine.
All such fees collected shall be deposited by the county in
a fund to be established and known as the County Jail Medical
Costs Fund. Moneys in the Fund shall be used solely for
reimbursement to the county of costs for medical expenses and
administration of the Fund.
For the purposes of this Section, "arresting authority"
means a unit of local government, other than a county, which
employs peace officers and whose peace officers have made the
arrest of a person. For the purposes of this Section,
"qualified medical expenses" include medical and hospital
services but do not include (i) expenses incurred for medical
care or treatment provided to a person on account of a
self-inflicted injury incurred prior to or in the course of an
arrest, (ii) expenses incurred for medical care or treatment
provided to a person on account of a health condition of that
person which existed prior to the time of his or her arrest, or
(iii) expenses for hospital inpatient services for arrestees
enrolled for medical assistance under the Illinois Public Aid
Code.
(Source: P.A. 95-842, eff. 8-15-08; 96-1280, eff. 7-26-10.)
Section 905-100. The Code of Civil Procedure is amended by
changing Section 5-105 as follows:
(735 ILCS 5/5-105) (from Ch. 110, par. 5-105)
Sec. 5-105. Waiver of court fees, costs, and charges Leave
to sue or defend as an indigent person.
(a) As used in this Section:
(1) "Fees, costs, and charges" means payments imposed
on a party in connection with the prosecution or defense of
a civil action, including, but not limited to: fees set
forth in Section 27.1b of the Clerks of Courts Act filing
fees; appearance fees; fees for service of process and
other papers served either within or outside this State,
including service by publication pursuant to Section 2-206
of this Code and publication of necessary legal notices;
motion fees; jury demand fees; charges for participation
in, or attendance at, any mandatory process or procedure
including, but not limited to, conciliation, mediation,
arbitration, counseling, evaluation, "Children First",
"Focus on Children" or similar programs; fees for
supplementary proceedings; charges for translation
services; guardian ad litem fees; charges for certified
copies of court documents; and all other processes and
procedures deemed by the court to be necessary to commence,
prosecute, defend, or enforce relief in a civil action.
(2) "Indigent person" means any person who meets one or
more of the following criteria:
(i) He or she is receiving assistance under one or
more of the following means based governmental public
benefits programs: Supplemental Security Income (SSI),
Aid to the Aged, Blind and Disabled (AABD), Temporary
Assistance for Needy Families (TANF), Supplemental
Nutrition Assistance Program (SNAP) Food Stamps,
General Assistance, Transitional Assistance, or State
Children and Family Assistance.
(ii) His or her available personal income is 200%
125% or less of the current poverty level as
established by the United States Department of Health
and Human Services, unless the applicant's assets that
are not exempt under Part 9 or 10 of Article XII of
this Code are of a nature and value that the court
determines that the applicant is able to pay the fees,
costs, and charges.
(iii) He or she is, in the discretion of the court,
unable to proceed in an action without payment of fees,
costs, and charges and whose payment of those fees,
costs, and charges would result in substantial
hardship to the person or his or her family.
(iv) He or she is an indigent person pursuant to
Section 5-105.5 of this Code.
(3) "Poverty level" means the current poverty level as
established by the United States Department of Health and
Human Services.
(b) On the application of any person, before, or after the
commencement of an action: , a
(1) If the court finds , on finding that the applicant
is an indigent person, the court shall grant the applicant
a full fees, costs, and charges waiver entitling him or her
leave to sue or defend the action without payment of any of
the fees, costs, and charges. of the action
(2) If the court finds that the applicant satisfies any
of the criteria contained in items (i), (ii), or (iii) of
this subdivision (b)(2), the court shall grant the
applicant a partial fees, costs, and charges waiver
entitling him or her to sue or defend the action upon
payment of the applicable percentage of the assessments,
costs, and charges of the action, as follows:
(i) the court shall waive 75% of all fees, costs,
and charges if the available income of the applicant is
greater than 200% but does not exceed 250% of the
poverty level, unless the assets of the applicant that
are not exempt under Part 9 or 10 of Article XII of
this Code are such that the applicant is able, without
undue hardship, to pay a greater portion of the fees,
costs, and charges;
(ii) the court shall waive 50% of all fees, costs,
and charges if the available income is greater than
250% but does not exceed 300% of the poverty level,
unless the assets of the applicant that are not exempt
under Part 9 or 10 of Article XII of this Code are such
that the applicant is able, without undue hardship, to
pay a greater portion of the fees, costs, and charges;
and
(iii) the court shall waive 25% of all fees, costs,
and charges if the available income of the applicant is
greater than 300% but does not exceed 400% of the
current poverty level, unless the assets of the
applicant that are not exempt under Part 9 or 10 of
Article XII of this Code are such that the applicant is
able, without undue hardship, to pay a greater portion
of the fees, costs, and charges.
(c) An application for waiver of court fees, costs, and
charges leave to sue or defend an action as an indigent person
shall be in writing and signed supported by the affidavit of
the applicant, or, if the applicant is a minor or an
incompetent adult, by the affidavit of another person having
knowledge of the facts. The contents of the application for
waiver of court fees, costs, and charges, and the procedure for
the decision of the applications, affidavit shall be
established by Supreme Court Rule. Factors to consider in
evaluating an application shall include:
(1) the applicant's receipt of needs based
governmental public benefits, including Supplemental
Security Income (SSI); Aid to the Aged, Blind and Disabled
(ADBD); Temporary Assistance for Needy Families (TANF);
Supplemental Nutrition Assistance Program (SNAP or "food
stamps"); General Assistance; Transitional Assistance; or
State Children and Family Assistance;
(2) the employment status of the applicant and amount
of monthly income, if any;
(3) income received from the applicant's pension,
Social Security benefits, unemployment benefits, and other
sources;
(4) income received by the applicant from other
household members;
(5) the applicant's monthly expenses, including rent,
home mortgage, other mortgage, utilities, food, medical,
vehicle, childcare, debts, child support, and other
expenses; and
(6) financial affidavits or other similar supporting
documentation provided by the applicant showing that
payment of the imposed fees, costs, and charges would
result in substantial hardship to the applicant or the
applicant's family.
(c-5) The court shall provide, through the office of the
clerk of the court, the application for waiver of court fees,
costs, and charges simplified forms consistent with the
requirements of this Section and applicable Supreme Court Rules
to any person seeking to sue or defend an action who indicates
an inability to pay the fees, costs, and charges of the action.
The application and supporting affidavit may be incorporated
into one simplified form. The clerk of the court shall post in
a conspicuous place in the courthouse a notice no smaller than
8.5 x 11 inches, using no smaller than 30-point typeface
printed in English and in Spanish, advising the public that
they may ask the court for permission to sue or defend a civil
action without payment of fees, costs, and charges. The notice
shall be substantially as follows:
"If you are unable to pay the fees, costs, and charges
of an action you may ask the court to allow you to proceed
without paying them. Ask the clerk of the court for forms."
(d) (Blank). The court shall rule on applications under
this Section in a timely manner based on information contained
in the application unless the court, in its discretion,
requires the applicant to personally appear to explain or
clarify information contained in the application. If the court
finds that the applicant is an indigent person, the court shall
enter an order permitting the applicant to sue or defend
without payment of fees, costs, or charges. If the application
is denied, the court shall enter an order to that effect
stating the specific reasons for the denial. The clerk of the
court shall promptly mail or deliver a copy of the order to the
applicant.
(e) The clerk of the court shall not refuse to accept and
file any complaint, appearance, or other paper presented by the
applicant if accompanied by an application for waiver of court
fees, costs, and charges to sue or defend in forma pauperis,
and those papers shall be considered filed on the date the
application is presented. If the application is denied or a
partial fees, costs, and charges waiver is granted, the order
shall state a date certain by which the necessary fees, costs,
and charges must be paid. For The court, for good cause shown,
the court may allow an applicant who receives a partial fees,
costs, and charges waiver whose application is denied to defer
payment of fees, costs, and charges, make installment payments,
or make payment upon reasonable terms and conditions stated in
the order. The court may dismiss the claims or strike the
defenses of any party failing to pay the fees, costs, and or
charges within the time and in the manner ordered by the court.
A judicial ruling on an application for waiver of court
assessments does not constitute a decision of a substantial
issue in the case under Section 2-1001 of this Code A
determination concerning an application to sue or defend in
forma pauperis shall not be construed as a ruling on the
merits.
(f) The court may order granting a full or partial fees,
costs, and charges waiver shall expire after one year. Upon
expiration of the waiver, or a reasonable period of time before
expiration, the party whose fees, costs, and charges were
waived may file another application for waiver and the court
shall consider the application in accordance with the
applicable Supreme Court Rule. an indigent person to pay all or
a portion of the fees, costs, or charges waived pursuant to
this Section out of moneys recovered by the indigent person
pursuant to a judgment or settlement resulting from the civil
action. However, nothing in this Section shall be construed to
limit the authority of a court to order another party to the
action to pay the fees, costs, or charges of the action.
(f-5) If, before or at the time of final disposition of the
case, the court obtains information, including information
from the court file, suggesting that a person whose fees,
costs, and charges were initially waived was not entitled to a
full or partial waiver at the time of application, the court
may require the person to appear at a court hearing by giving
the applicant no less than 10 days' written notice of the
hearing and the specific reasons why the initial waiver might
be reconsidered. The court may require the applicant to provide
reasonably available evidence, including financial
information, to support his or her eligibility for the waiver,
but the court shall not require submission of information that
is unrelated to the criteria for eligibility and application
requirements set forth in subdivisions (b)(1) or (b)(2) of this
Section. If the court finds that the person was not initially
entitled to any waiver, the person shall pay all fees, costs,
and charges relating to the civil action, including any
previously-waived fees, costs, and charges. The order may state
terms of payment in accordance with subsection (e). The court
shall not conduct a hearing under this subsection more often
than once every 6 months.
(f-10) If, before or at the time of final disposition of
the case, the court obtains information, including information
from the court file, suggesting that a person who received a
full or partial waiver has experienced a change in financial
condition so that he or she is no longer eligible for that
waiver, the court may require the person to appear at a court
hearing by giving the applicant no less than 10 days' written
notice of the hearing and the specific reasons why the waiver
might be reconsidered. The court may require the person to
provide reasonably available evidence, including financial
information, to support his or her continued eligibility for
the waiver, but shall not require submission of information
that is unrelated to the criteria for eligibility and
application requirements set forth in subsections (b)(1) and
(b)(2) of this Section. If the court enters an order finding
that the person is no longer entitled to a waiver, or is
entitled to a partial waiver different than that which the
person had previously received, the person shall pay the
requisite fees, costs, and charges from the date of the order
going forward. The order may state terms of payment in
accordance with subsection (e) of this Section. The court shall
not conduct a hearing under this subsection more often than
once every 6 months.
(g) A court, in its discretion, may appoint counsel to
represent an indigent person, and that counsel shall perform
his or her duties without fees, charges, or reward.
(h) Nothing in this Section shall be construed to affect
the right of a party to sue or defend an action in forma
pauperis without the payment of fees, costs, or charges, or the
right of a party to court-appointed counsel, as authorized by
any other provision of law or by the rules of the Illinois
Supreme Court. Nothing in this Section shall be construed to
limit the authority of a court to order another party to the
action to pay the fees, costs, and charges of the action.
(h-5) If a party is represented by a civil legal services
provider or an attorney in a court-sponsored pro bono program
as defined in Section 5-105.5 of this Code, the attorney
representing that party shall file a certification with the
court in accordance with Supreme Court Rule 298 and that party
shall be allowed to sue or defend without payment of fees,
costs, and charges without filing an application under this
Section.
(h-10) If an attorney files an appearance on behalf of a
person whose fees, costs, and charges were initially waived
under this Section, the attorney must pay all fees, costs, and
charges relating to the civil action, including any previously
waived fees, costs, and charges, unless the attorney is either
a civil legal services provider, representing his or her client
as part of a court-sponsored pro bono program as defined in
Section 5-105.1 of this Code, or appearing under a limited
scope appearance in accordance with Supreme Court Rule
13(c)(6).
(i) The provisions of this Section are severable under
Section 1.31 of the Statute on Statutes.
(Source: P.A. 97-689, eff. 6-14-12; 97-813, eff. 7-13-12.)
Article 999. Effective Date
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