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


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: (Enrolled) 2018-06-29 - Sent to the Governor [HB4594 Detail]

Download: Illinois-2017-HB4594-Enrolled.html



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1 AN ACT concerning fees, fines, and assessments.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4
Article 1. General Provisions
5 Section 1-1. Short title. This Act may be cited as the
6Criminal and Traffic Assessment Act.
7 Section 1-5. Definitions. In this Act:
8 "Assessment" means any costs imposed on a defendant under
9schedules 1 through 13 of this Act.
10 "Business offense" means a petty offense for which the fine
11is in excess of $1,000.
12 "Case" means all charges and counts filed against a single
13defendant which are being prosecuted as a single proceeding
14before the court.
15 "Count" means each separate offense charged in the same
16indictment, information, or complaint when the indictment,
17information, or complaint alleges the commission of more than
18one offense.
19 "Conservation offense" means any violation of the
20following Acts, Codes, or ordinances, except any offense
21punishable upon conviction by imprisonment in the
22penitentiary:

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1 (1) Fish and Aquatic Life Code;
2 (2) Wildlife Code;
3 (3) Boat Registration and Safety Act;
4 (4) Park District Code;
5 (5) Chicago Park District Act;
6 (6) State Parks Act;
7 (7) State Forest Act;
8 (8) Forest Fire Protection District Act;
9 (9) Snowmobile Registration and Safety Act;
10 (10) Endangered Species Protection Act;
11 (11) Forest Products Transportation Act;
12 (12) Timber Buyers Licensing Act;
13 (13) Downstate Forest Preserve District Act;
14 (14) Exotic Weed Act;
15 (15) Ginseng Harvesting Act;
16 (16) Cave Protection Act;
17 (17) ordinances adopted under the Counties Code for the
18 acquisition of property for parks or recreational areas;
19 (18) Recreational Trails of Illinois Act;
20 (19) Herptiles-Herps Act; or
21 (20) any rule, regulation, proclamation, or ordinance
22 adopted under any Code or Act named in paragraphs (1)
23 through (19) of this definition.
24 "Conviction" means a judgment of conviction or sentence
25entered upon a plea of guilty or upon a verdict or finding of
26guilty of an offense, rendered by a legally constituted jury or

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1by a court of competent jurisdiction authorized to try the case
2without a jury.
3 "Drug offense" means any violation of the Cannabis Control
4Act, the Illinois Controlled Substances Act, the
5Methamphetamine Control and Community Protection Act, or any
6similar local ordinance which involves the possession or
7delivery of a drug.
8 "Drug-related emergency response" means the act of
9collecting evidence from or securing a site where controlled
10substances were manufactured, or where by-products from the
11manufacture of controlled substances are present, and cleaning
12up the site, whether these actions are performed by public
13entities or private contractors paid by public entities.
14 "Electronic citation" means the process of transmitting
15traffic, misdemeanor, municipal ordinance, conservation, or
16other citations and law enforcement data via electronic means
17to a circuit court clerk.
18 "Emergency response" means any incident requiring a
19response by a police officer, an ambulance, a firefighter
20carried on the rolls of a regularly constituted fire department
21or fire protection district, a firefighter of a volunteer fire
22department, or a member of a recognized not-for-profit rescue
23or emergency medical service provider. "Emergency response"
24does not include a drug-related emergency response.
25 "Felony offense" means an offense for which a sentence to a
26term of imprisonment in a penitentiary for one year or more is

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1provided.
2 "Fine" means a pecuniary punishment for a conviction as
3ordered by a court of law.
4 "Highest classified offense" means the offense in the case
5which carries the most severe potential disposition under
6Article 4.5 of the Unified Code of Corrections.
7 "Major traffic offense" means a traffic offense under the
8Illinois Vehicle Code or a similar provision of a local
9ordinance other than a petty offense or business offense.
10 "Minor traffic offense" means a petty offense or business
11offense under the Illinois Vehicle Code or a similar provision
12of a local ordinance.
13 "Misdemeanor offense" means any offense for which a
14sentence to a term of imprisonment in other than a penitentiary
15for less than one year may be imposed.
16 "Petty offense" means any offense for which a sentence of
17imprisonment is not an authorized disposition.
18 "Service provider costs" means costs incurred as a result
19of services provided by an entity including, but not limited
20to, traffic safety programs, laboratories, ambulance
21companies, and fire departments. "Service provider costs"
22includes conditional amounts under this Act that are
23reimbursements for services provided.
24 "Street value" means the amount determined by the court on
25the basis of testimony of law enforcement personnel and the
26defendant as to the amount of drug or materials seized and any

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1testimony as may be required by the court as to the current
2street value of the cannabis, controlled substance,
3methamphetamine or salt of an optical isomer of
4methamphetamine, or methamphetamine manufacturing materials
5seized.
6 "Supervision" means a disposition of conditional and
7revocable release without probationary supervision, but under
8the conditions and reporting requirements as are imposed by the
9court, at the successful conclusion of which disposition the
10defendant is discharged and a judgment dismissing the charges
11is entered.
12
Article 5. Assessment Procedures
13 Section 5-5. Minimum fine. Unless otherwise specified by
14law, the minimum fine for a conviction or supervision
15disposition on a minor traffic offense is $25 and the minimum
16fine for a conviction, supervision disposition, or violation
17based upon a plea of guilty or finding of guilt for any other
18offense is $75. If the court finds that the fine would impose
19an undue burden on the victim, the court may reduce or waive
20the fine. In this Section, "victim" shall not be construed to
21include the defendant.
22 Section 5-10. Schedules; payment.
23 (a) In each case, the court shall order an assessment, as

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1set forth in this Act, for a defendant to pay in addition to
2any fine, restitution, or forfeiture ordered by the court when
3the defendant is convicted of, pleads guilty to, or is placed
4on court supervision for a violation of a statute of this State
5or a similar local ordinance. The court may order a fine,
6restitution, or forfeiture on any violation that is being
7sentenced but shall order only one assessment from the Schedule
8of Assessments 1 through 13 of this Act for all sentenced
9violations in a case, that being the schedule applicable to the
10highest classified offense violation that is being sentenced,
11plus any conditional assessments under Section 15-70 of this
12Act applicable to any sentenced violation in the case.
13 (b) If the court finds that the schedule of assessments
14will cause an undue burden on any victim in a case or if the
15court orders community service or some other punishment in
16place of the applicable schedule of assessments, the court may
17reduce the amount set forth in the applicable schedule of
18assessments or not order the applicable schedule of
19assessments. If the court reduces the amount set forth in the
20applicable schedule of assessments, then all recipients of the
21funds collected will receive a prorated amount to reflect the
22reduction.
23 (c) The court may order the assessments to be paid
24forthwith or within a specified period of time or in
25installments.
26 (c-3) Excluding any ordered conditional assessment, if the

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1assessment is not paid within the period of probation,
2conditional discharge, or supervision to which the defendant
3was originally sentenced, the court may extend the period of
4probation, conditional discharge, or supervision under Section
55-6-2 or 5-6-3.1 of the Unified Code of Corrections, as
6applicable, until the assessment is paid or until successful
7completion of public or community service set forth in
8subsection (b) of Section 5-20 of this Act or the successful
9completion of the substance abuse intervention or treatment
10program set forth in subsection (c-5) of this Section.
11 (c-5) Excluding any ordered conditional assessment, the
12court may suspend the collection of the assessment; provided,
13the defendant agrees to enter a substance abuse intervention or
14treatment program approved by the court; and further provided
15that the defendant agrees to pay for all or some portion of the
16costs associated with the intervention or treatment program. In
17this case, the collection of the assessment shall be suspended
18during the defendant's participation in the approved
19intervention or treatment program. Upon successful completion
20of the program, the defendant may apply to the court to reduce
21the assessment imposed under this Section by any amount
22actually paid by the defendant for his or her participation in
23the program. The court shall not reduce the assessment under
24this subsection unless the defendant establishes to the
25satisfaction of the court that he or she has successfully
26completed the intervention or treatment program. If the

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1defendant's participation is for any reason terminated before
2his or her successful completion of the intervention or
3treatment program, collection of the entire assessment imposed
4under this Act shall be enforced. Nothing in this Section shall
5be deemed to affect or suspend any other fines, restitution
6costs, forfeitures, or assessments imposed under this or any
7other Act.
8 (d) Except as provided in Section 5-15 of this Act, the
9defendant shall pay to the clerk of the court and the clerk
10shall remit the assessment to the appropriate entity as set
11forth in the ordered schedule of assessments within one month
12of its receipt.
13 (e) Unless a court ordered payment schedule is implemented
14or the assessment requirements of this Act are waived under a
15court order, the clerk of the circuit court may add to any
16unpaid assessments under this Act a delinquency amount equal to
175% of the unpaid assessments that remain unpaid after 30 days,
1810% of the unpaid assessments that remain unpaid after 60 days,
19and 15% of the unpaid assessments that remain unpaid after 90
20days. Notice to those parties may be made by signage posting or
21publication. The additional delinquency amounts collected
22under this Section shall be used to defray additional
23administrative costs incurred by the clerk of the circuit court
24in collecting unpaid assessments.
25 Section 5-15. Service provider costs. Unless otherwise

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1provided in Article 15 of this Act, the defendant shall pay
2service provider costs to the entity that provided the service.
3Service provider costs are not eligible for credit for time
4served, substitution of community service, or waiver. The
5circuit court may, through administrative order or local rule,
6appoint the clerk of the court as the receiver and remitter of
7certain service provider costs, which may include, but are not
8limited to, probation fees, traffic school fees, or drug or
9alcohol testing fees.
10 Section 5-20. Credit; time served; community service.
11 (a) Any credit for time served prior to sentencing that
12reduces the amount a defendant is required to pay shall be
13deducted first from the fine, if any, ordered by the court. Any
14remainder of the credit shall be equally divided between the
15assessments indicated in the ordered schedule and conditional
16assessments.
17 (b) Excluding any ordered conditional assessment, a
18defendant who has been ordered to pay an assessment may
19petition the court to convert all or part of the assessment
20into court-approved public or community service. One hour of
21public or community service shall be equivalent to $4 of
22assessment. The performance of this public or community service
23shall be a condition of probation, conditional discharge, or
24supervision and shall be in addition to the performance of any
25other period of public or community service ordered by the

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1court or required by law.
2
Article 10. Funds
3 Section 10-5. Funds.
4 (a) All money collected by the Clerk of the Circuit Court
5under Article 15 of this Act shall be remitted as directed in
6Article 15 of this Act to the county treasurer, to the State
7Treasurer, and to the treasurers of the units of local
8government. If an amount payable to any of the treasurers is
9less than $10, the clerk may postpone remitting the money until
10$10 has accrued or by the end of fiscal year. The treasurers
11shall deposit the money as indicated in the schedules, except
12in a county with a population of over 3,000,000 monies remitted
13to the county treasurer shall be subject to appropriation by
14the county board. Any amount retained by the Clerk of the
15Circuit Court in a county with population of over 3,000,000
16shall be subject to appropriation by the county board.
17 (b) The county treasurer or the treasurer of the unit of
18local government may create the funds indicated in paragraphs
19(1) through (5), (9), and (16) of subsection (d) of this
20Section, if not already in existence. If a county or unit of
21local government has not instituted, and does not plan to
22institute a program that uses a particular fund, the treasurer
23need not create the fund and may instead deposit the money
24intended for the fund into the general fund of the county or

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1unit of local government for use in financing the court system.
2 (c) If the arresting agency is a State agency, the
3arresting agency portion shall be remitted by the clerk of
4court to the State Treasurer who shall deposit the portion as
5follows:
6 (1) if the arresting agency is the Department of State
7 Police, into the State Police Law Enforcement
8 Administration Fund;
9 (2) if the arresting agency is the Department of
10 Natural Resources, into the Conservation Police Operations
11 Assistance Fund;
12 (3) if the arresting agency is the Secretary of State,
13 into the Secretary of State Police Services Fund; and
14 (4) if the arresting agency is the Illinois Commerce
15 Commission, into the Public Utility Fund.
16 (d) Fund descriptions and provisions:
17 (1) The Court Automation Fund is to defray the expense,
18 borne by the county, of establishing and maintaining
19 automated record keeping systems in the Office of the Clerk
20 of the Circuit Court. The money shall be remitted monthly
21 by the clerk to the county treasurer and identified as
22 funds for the Circuit Court Clerk. The fund shall be
23 audited by the county auditor, and the board shall make
24 expenditures from the fund in payment of any costs related
25 to the automation of court records including hardware,
26 software, research and development costs, and personnel

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1 costs related to the foregoing, provided that the
2 expenditure is approved by the clerk of the court and by
3 the chief judge of the circuit court or his or her
4 designee.
5 (2) The Document Storage Fund is to defray the expense,
6 borne by the county, of establishing and maintaining a
7 document storage system and converting the records of the
8 circuit court clerk to electronic or micrographic storage.
9 The money shall be remitted monthly by the clerk to the
10 county treasurer and identified as funds for the circuit
11 court clerk. The fund shall be audited by the county
12 auditor, and the board shall make expenditure from the fund
13 in payment of any cost related to the storage of court
14 records, including hardware, software, research and
15 development costs, and personnel costs related to the
16 foregoing, provided that the expenditure is approved by the
17 clerk of the court.
18 (3) The Circuit Clerk Operations and Administration
19 Fund is to defray the expenses incurred for collection and
20 disbursement of the various assessment schedules. The
21 money shall be remitted monthly by the clerk to the county
22 treasurer and identified as funds for the circuit court
23 clerk.
24 (4) The State's Attorney Records Automation Fund is to
25 defray the expense of establishing and maintaining
26 automated record keeping systems in the offices of the

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1 State's Attorney. The money shall be remitted monthly by
2 the clerk to the county treasurer for deposit into the
3 State's Attorney Records Automation Fund. Expenditures
4 from this fund may be made by the State's Attorney for
5 hardware, software, and research and development related
6 to automated record keeping systems.
7 (5) The Public Defender Records Automation Fund is to
8 defray the expense of establishing and maintaining
9 automated record keeping systems in the offices of the
10 Public Defender. The money shall be remitted monthly by the
11 clerk to the county treasurer for deposit into the Public
12 Defender Records Automation Fund. Expenditures from this
13 fund may be made by the Public Defender for hardware,
14 software, and research and development related to
15 automated record keeping systems.
16 (6) The DUI Fund shall be used for enforcement and
17 prevention of driving while under the influence of alcohol,
18 other drug or drugs, intoxicating compound or compounds or
19 any combination thereof, as defined by Section 11-501 of
20 the Illinois Vehicle Code, including, but not limited to,
21 the purchase of law enforcement equipment and commodities
22 that will assist in the prevention of alcohol-related
23 criminal violence throughout the State; police officer
24 training and education in areas related to alcohol related
25 crime, including, but not limited to, DUI training; and
26 police officer salaries, including, but not limited to,

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1 salaries for hire back funding for safety checkpoints,
2 saturation patrols, and liquor store sting operations. Any
3 moneys received by the Department of State Police shall be
4 deposited into the State Police Operations Assistance Fund
5 and those moneys and moneys in the State Police DUI Fund
6 shall be used to purchase law enforcement equipment that
7 will assist in the prevention of alcohol related criminal
8 violence throughout the State. The money shall be remitted
9 monthly by the clerk to the State or local treasurer for
10 deposit as provided by law.
11 (7) The Trauma Center Fund shall be distributed as
12 provided under Section 3.225 of the Emergency Medical
13 Services (EMS) Systems Act.
14 (8) The Probation and Court Services Fund is to be
15 expended as described in Section 15.1 of the Probation and
16 Probation Officers Act.
17 (9) The Circuit Court Clerk Electronic Citation Fund
18 shall have the Circuit Court Clerk as the custodian, ex
19 officio, of the Fund and shall be used to perform the
20 duties required by the office for establishing and
21 maintaining electronic citations. The Fund shall be
22 audited by the county's auditor.
23 (10) The Drug Treatment Fund is a special fund in the
24 State treasury. Moneys in the Fund shall be expended as
25 provided in Section 411.2 of the Illinois Controlled
26 Substances Act.

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1 (11) The Violent Crime Victims Assistance Fund is a
2 special fund in the State treasury to provide moneys for
3 the grants to be awarded under the Violent Crime Victims
4 Assistance Act.
5 (12) The Criminal Justice Information Projects Fund
6 shall be appropriated to and administered by the Illinois
7 Criminal Justice Information Authority for distribution to
8 fund Department of State Police drug task forces and
9 Metropolitan Enforcement Groups, for the costs associated
10 with making grants from the Prescription Pill and Drug
11 Disposal Fund, for undertaking criminal justice
12 information projects, and for the operating and other
13 expenses of the Authority incidental to those criminal
14 justice information projects. The moneys deposited into
15 the Criminal Justice Information Projects Fund under
16 Sections 15-15 and 15-35 of this Act shall be appropriated
17 to and administered by the Illinois Criminal Justice
18 Information Authority for distribution to fund Department
19 of State Police drug task forces and Metropolitan
20 Enforcement Groups by dividing the funds equally by the
21 total number of Department of State Police drug task forces
22 and Illinois Metropolitan Enforcement Groups.
23 (13) The Sexual Assault Services Fund shall be
24 appropriated to the Department of Public Health. Upon
25 appropriation of moneys from the Sexual Assault Services
26 Fund, the Department of Public Health shall make grants of

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1 these moneys to sexual assault organizations with whom the
2 Department has contracts for the purpose of providing
3 community-based services to victims of sexual assault.
4 Grants are in addition to, and are not substitutes for,
5 other grants authorized and made by the Department.
6 (14) The County Jail Medical Costs Fund is to help
7 defray the costs outlined in Section 17 of the County Jail
8 Act. Moneys in the Fund shall be used solely for
9 reimbursement to the county of costs for medical expenses
10 and administration of the Fund.
11 (15) The Prisoner Review Board Vehicle and Equipment
12 Fund is a special fund in the State treasury. The Prisoner
13 Review Board shall, subject to appropriation by the General
14 Assembly and approval by the Secretary, use all moneys in
15 the Prisoner Review Board Vehicle and Equipment Fund for
16 the purchase and operation of vehicles and equipment.
17 (16) In each county in which a Children's Advocacy
18 Center provides services, a Child Advocacy Center Fund,
19 specifically for the operation and administration of the
20 Children's Advocacy Center, from which the county board
21 shall make grants to support the activities and services of
22 the Children's Advocacy Center within that county.
23
Article 15. Assessment Schedules
24 Section 15-5. SCHEDULE 1; generic felony offenses.

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1SCHEDULE 1: Unless assessments are imposed by the court under
2another schedule of this Act, for a felony offense, the Clerk
3of the Circuit Court shall collect $549 and remit as follows:
4 (1) As the county's portion, $354 to the county treasurer,
5who shall deposit the money as follows:
6 (A) $20 into the Court Automation Fund;
7 (B) $20 into the Court Document Storage Fund;
8 (C) $5 into the Circuit Court Clerk Operation and
9 Administrative Fund;
10 (D) $255 into the county's General Fund;
11 (E) $10 into the Child Advocacy Center Fund;
12 (F) $2 into the State's Attorney Records Automation
13 Fund;
14 (G) $2 into the Public Defender Records Automation
15 Fund;
16 (H) $20 into the County Jail Medical Costs Fund; and
17 (I) $20 into the Probation and Court Services Fund.
18 (2) As the State's portion, $195 to the State Treasurer,
19who shall deposit the money as follows:
20 (A) $50 into the State Police Operations Assistance
21 Fund;
22 (B) $100 into the Violent Crime Victims Assistance
23 Fund;
24 (C) $10 into the State Police Merit Board Public Safety
25 Fund; and
26 (D) $35 into the Traffic and Criminal Conviction

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1 Surcharge Fund.
2 Section 15-10. SCHEDULE 2; felony DUI offenses. SCHEDULE 2:
3For a felony under Section 11-501 of the Illinois Vehicle Code,
4Section 5-7 of the Snowmobile Registration and Safety Act,
5Section 5-16 of the Boat Registration and Safety Act, or a
6similar provision of a local ordinance, the Clerk of the
7Circuit Court shall collect $1,709 and remit as follows:
8 (1) As the county's portion, $399 to the county treasurer,
9who shall deposit the money as follows:
10 (A) $20 into the Court Automation Fund;
11 (B) $20 into the Court Document Storage Fund;
12 (C) $5 into the Circuit Court Clerk Operation and
13 Administrative Fund;
14 (D) $300 into the county's General Fund;
15 (E) $10 into the Child Advocacy Center Fund;
16 (F) $2 into the State's Attorney Records Automation
17 Fund;
18 (G) $2 into the Public Defender Records Automation
19 Fund;
20 (H) $20 into the County Jail Medical Costs Fund; and
21 (I) $20 into the Probation and Court Services Fund.
22 (2) As the State's portion, $1,110 to the State Treasurer,
23who shall deposit the money as follows:
24 (A) $730 into the State Police Operations Assistance
25 Fund;

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1 (B) $5 into the Drivers Education Fund;
2 (C) $100 into the Trauma Center Fund;
3 (D) $5 into the Spinal Cord Injury Paralysis Cure
4 Research Trust Fund;
5 (E) $5 into the State Police Merit Board Public Safety
6 Fund;
7 (F) $160 into the Traffic and Criminal Conviction
8 Surcharge Fund;
9 (G) $5 into the Law Enforcement Camera Grant Fund; and
10 (H) $100 into the Violent Crime Victims Assistance
11 Fund.
12 (3) As the arresting agency's portion, $200 to the
13treasurer of the unit of local government of the arresting
14agency, who shall deposit the money into the DUI Fund of that
15unit of local government or as provided in subsection (c) of
16Section 10-5 of this Act if the arresting agency is a State
17agency, unless more than one agency is responsible for the
18arrest in which case the amount shall be remitted to each unit
19of government equally.
20 Section 15-15. SCHEDULE 3; felony drug offenses. SCHEDULE
213: For a felony under the Illinois Controlled Substances Act,
22the Cannabis Control Act, or the Methamphetamine Control and
23Community Protection Act, the Clerk of the Circuit Court shall
24collect $2,215 and remit as follows:
25 (1) As the county's portion, $354 to the county treasurer,

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1who shall deposit the money as follows:
2 (A) $20 into the Court Automation Fund;
3 (B) $20 into the Court Document Storage Fund;
4 (C) $5 into the Circuit Court Clerk Operation and
5 Administrative Fund;
6 (D) $255 into the county's General Fund;
7 (E) $10 into the Child Advocacy Center Fund;
8 (F) $2 into the State's Attorney Records Automation
9 Fund;
10 (G) $2 into the Public Defender Records Automation
11 Fund;
12 (H) $20 into the County Jail Medical Costs Fund; and
13 (I) $20 into the Probation and Court Services Fund.
14 (2) As the State's portion, $1,861 to the State Treasurer,
15who shall deposit the money as follows:
16 (A) $50 into the State Police Operations Assistance
17 Fund;
18 (B) $100 into the Violent Crime Victims Assistance
19 Fund;
20 (C) $100 into the Trauma Center Fund; and
21 (D) $5 into the Spinal Cord Injury Paralysis Cure
22 Research Trust Fund;
23 (E) $1,500 into the Drug Treatment Fund;
24 (F) $5 into the State Police Merit Board Public Safety
25 Fund;
26 (G) $38 into the Prescription Pill and Drug Disposal

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1 Fund;
2 (H) $28 into the Criminal Justice Information Projects
3 Fund; and
4 (I) $35 into the Traffic and Criminal Conviction
5 Surcharge Fund.
6 Section 15-20. SCHEDULE 4; felony sex offenses. SCHEDULE 4:
7For a felony or attempted felony under Article 11 or Section
812-33 of the Criminal Code of 2012, the Clerk of the Circuit
9Court shall collect $1,314 and remit as follows:
10 (1) As the county's portion, $354 to the county treasurer,
11who shall deposit the money as follows:
12 (A) $20 into the Court Automation Fund;
13 (B) $20 into the Court Document Storage Fund;
14 (C) $5 into the Circuit Court Clerk Operation and
15 Administrative Fund;
16 (D) $255 into the county's General Fund;
17 (E) $10 into the Child Advocacy Center Fund;
18 (F) $2 into the State's Attorney Records Automation
19 Fund;
20 (G) $2 into the Public Defender Records Automation
21 Fund;
22 (H) $20 into the County Jail Medical Costs Fund; and
23 (I) $20 into the Probation and Court Services Fund.
24 (2) As the State's portion, $960 to the State Treasurer,
25who shall deposit the money as follows:

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1 (A) $520 into the State Police Operations Assistance
2 Fund;
3 (B) $100 into the Violent Crime Victims Assistance
4 Fund;
5 (C) $200 into the Sexual Assault Services Fund;
6 (D) $100 into the Domestic Violence Shelter and
7 Services Fund;
8 (E) $5 into the State Police Merit Board Public Safety
9 Fund; and
10 (F) $35 into the Traffic and Criminal Conviction
11 Surcharge Fund.
12 Section 15-25. SCHEDULE 5; generic misdemeanor offenses.
13SCHEDULE 5: Unless assessments are imposed under another
14schedule of this Act, for a misdemeanor offense, the Clerk of
15the Circuit Court shall collect $439 and remit as follows:
16 (1) As the county's portion, $282 to the county treasurer,
17who shall deposit the money as follows:
18 (A) $20 into the Court Automation Fund;
19 (B) $20 into the Court Document Storage Fund;
20 (C) $5 into the Circuit Court Clerk Operation and
21 Administrative Fund;
22 (D) $8 into the Circuit Court Clerk Electronic Citation
23 Fund;
24 (E) $185 into the county's General Fund;
25 (F) $10 into the Child Advocacy Center Fund;

HB4594 Enrolled- 23 -LRB100 17151 MRW 32305 b
1 (G) $2 into the State's Attorney Records Automation
2 Fund;
3 (H) $2 into the Public Defender Records Automation
4 Fund;
5 (I) $10 into the County Jail Medical Costs Fund; and
6 (J) $20 into the Probation and Court Services Fund.
7 (2) As the State's portion, $155 to the State Treasurer,
8who shall deposit the money as follows:
9 (A) $50 into the State Police Operations Assistance
10 Fund;
11 (B) $10 into the State Police Merit Board Public Safety
12 Fund;
13 (C) $75 into the Violent Crime Victims Assistance Fund;
14 and
15 (D) $20 into the Traffic and Criminal Conviction
16 Surcharge Fund.
17 (3) As the arresting agency's portion, $2, to the treasurer
18of the unit of local government of the arresting agency, who
19shall deposit the money into the E-citation Fund of that unit
20of local government or as provided in subsection (c) of Section
2110-5 of this Act if the arresting agency is a State agency,
22unless more than one agency is responsible for the arrest in
23which case the amount shall be remitted to each unit of
24government equally.
25 Section 15-30. SCHEDULE 6; misdemeanor DUI offenses.

HB4594 Enrolled- 24 -LRB100 17151 MRW 32305 b
1SCHEDULE 6: For a misdemeanor under Section 11-501 of the
2Illinois Vehicle Code, Section 5-7 of the Snowmobile
3Registration and Safety Act, Section 5-16 of the Boat
4Registration and Safety Act, or a similar provision of a local
5ordinance, the Clerk of the Circuit Court shall collect $1,381
6and remit as follows:
7 (1) As the county's portion, $322 to the county treasurer,
8who shall deposit the money as follows:
9 (A) $20 into the Court Automation Fund;
10 (B) $20 into the Court Document Storage Fund;
11 (C) $5 into the Circuit Court Clerk Operation and
12 Administrative Fund;
13 (D) $8 into the Circuit Court Clerk Electronic Citation
14 Fund;
15 (E) $225 into the county's General Fund;
16 (F) $10 into the Child Advocacy Center Fund;
17 (G) $2 into the State's Attorney Records Automation
18 Fund;
19 (H) $2 into the Public Defenders Records Automation
20 Fund;
21 (I) $10 into the County Jail Medical Costs Fund; and
22 (J) $20 into the Probation and Court Services Fund.
23 (2) As the State's portion, $707 to the State Treasurer,
24who shall deposit the money as follows:
25 (A) $330 into the State Police Operations Assistance
26 Fund;

HB4594 Enrolled- 25 -LRB100 17151 MRW 32305 b
1 (B) $5 into the Drivers Education Fund;
2 (C) $5 into the State Police Merit Board Public Safety
3 Fund;
4 (D) $100 into the Trauma Center Fund;
5 (E) $5 into the Spinal Cord Injury Paralysis Cure
6 Research Trust Fund;
7 (F) $22 into the Fire Prevention Fund;
8 (G) $160 into the Traffic and Criminal Conviction
9 Surcharge Fund;
10 (H) $5 into the Law Enforcement Camera Grant Fund; and
11 (I) $75 into the Violent Crime Victims Assistance Fund.
12 (3) As the arresting agency's portion, $352 as follows,
13unless more than one agency is responsible for the arrest in
14which case the amount shall be remitted to each unit of
15government equally:
16 (A) if the arresting agency is a local agency to the
17 treasurer of the unit of local government of the arresting
18 agency, who shall deposit the money as follows:
19 (i) $2 into the E-citation Fund of the unit of
20 local government; and
21 (ii) $350 into the DUI Fund of the unit of local
22 government; or
23 (B) as provided in subsection (c) of Section 10-5 of
24 this Act if the arresting agency is a State agency.
25 Section 15-35. SCHEDULE 7; misdemeanor drug offenses.

HB4594 Enrolled- 26 -LRB100 17151 MRW 32305 b
1SCHEDULE 7: For a misdemeanor under the Illinois Controlled
2Substances Act, the Cannabis Control Act, or the
3Methamphetamine Control and Community Protection Act, the
4Clerk of the Circuit Court shall collect $905 and remit as
5follows:
6 (1) As the county's portion, $282 to the county treasurer,
7who shall deposit the money as follows:
8 (A) $20 into the Court Automation Fund;
9 (B) $20 into the Court Document Storage Fund;
10 (C) $5 into the Circuit Court Clerk Operation and
11 Administrative Fund;
12 (D) $8 into the Circuit Court Clerk Electronic Citation
13 Fund;
14 (E) $185 into the county's General Fund;
15 (F) $10 into the Child Advocacy Center Fund;
16 (G) $2 into the State's Attorney Records Automation
17 Fund;
18 (H) $2 into the Public Defenders Records Automation
19 Fund;
20 (I) $10 into the County Jail Medical Costs Fund; and
21 (J) $20 into the Probation and Court Services Fund.
22 (2) As the State's portion, $621 to the State Treasurer,
23who shall deposit the money as follows:
24 (A) $50 into the State Police Operations Assistance
25 Fund;
26 (B) $75 into the Violent Crime Victims Assistance Fund;

HB4594 Enrolled- 27 -LRB100 17151 MRW 32305 b
1 (C) $100 into the Trauma Center Fund;
2 (D) $5 into the Spinal Cord Injury Paralysis Cure
3 Research Trust Fund;
4 (E) $300 into the Drug Treatment Fund;
5 (F) $38 into the Prescription Pill and Drug Disposal
6 Fund;
7 (G) $28 into the Criminal Justice Information Projects
8 Fund;
9 (H) $5 into the State Police Merit Board Public Safety
10 Fund; and
11 (I) $20 into the Traffic and Criminal Conviction
12 Surcharge Fund.
13 (3) As the arresting agency's portion, $2, to the treasurer
14of the unit of local government of the arresting agency, who
15shall deposit the money into the E-citation Fund of that unit
16of local government or as provided in subsection (c) of Section
1710-5 of this Act if the arresting agency is a State agency,
18unless more than one agency is responsible for the arrest in
19which case the amount shall be remitted to each unit of
20government equally.
21 Section 15-40. SCHEDULE 8; misdemeanor sex offenses.
22SCHEDULE 8: For a misdemeanor or attempted misdemeanor under
23Article 11 of the Criminal Code of 2012, the Clerk of the
24Circuit Court shall collect $1,184 and remit as follows:
25 (1) As the county's portion, $282 to the county treasurer,

HB4594 Enrolled- 28 -LRB100 17151 MRW 32305 b
1who shall deposit the money as follows:
2 (A) $20 into the Court Automation Fund;
3 (B) $20 into the Court Document Storage Fund;
4 (C) $5 into the Circuit Court Clerk Operation and
5 Administrative Fund;
6 (D) $8 into the Circuit Court Clerk Electronic Citation
7 Fund;
8 (E) $185 into the county's General Fund;
9 (F) $10 into the Child Advocacy Center Fund;
10 (G) $2 into the State's Attorney Records Automation
11 Fund;
12 (H) $2 into the Public Defenders Records Automation
13 Fund;
14 (I) $10 into the County Jail Medical Costs Fund; and
15 (J) $20 into the Probation and Court Services Fund.
16 (2) As the State's portion, $900 to the State Treasurer,
17who shall deposit the money as follows:
18 (A) $500 into the State Police Operations Assistance
19 Fund;
20 (B) $75 into the Violent Crime Victims Assistance Fund;
21 (C) $200 into the Sexual Assault Services Fund;
22 (D) $100 into the Domestic Violence Shelter and Service
23 Fund;
24 (E) $5 into the State Police Merit Board Public Safety
25 Fund; and
26 (F) $20 into the Traffic and Criminal Conviction

HB4594 Enrolled- 29 -LRB100 17151 MRW 32305 b
1 Surcharge Fund.
2 (3) As the arresting agency's portion, $2, to the treasurer
3of the unit of local government of the arresting agency, who
4shall deposit the money into the E-citation Fund of that unit
5of local government or as provided in subsection (c) of Section
610-5 of this Act if the arresting agency is a State agency,
7unless more than one agency is responsible for the arrest in
8which case the amount shall be remitted to each unit of
9government equally.
10 Section 15-45. SCHEDULE 9; major traffic offenses.
11SCHEDULE 9: For a major traffic offense, the Clerk of the
12Circuit Court shall collect $325 plus, if applicable, the
13amount established under paragraph (1.5) of this Section and
14remit as follows:
15 (1) As the county's portion, $203 to the county treasurer,
16who shall deposit the money as follows:
17 (A) $20 into the Court Automation Fund;
18 (B) $20 into the Court Document Storage Fund;
19 (C) $5 into the Circuit Court Clerk Operation and
20 Administrative Fund;
21 (D) $8 into the Circuit Court Clerk Electronic Citation
22 Fund; and
23 (E) $150 into the county's General Fund.
24 (1.5) In a county with a population of 3,000,000 or more,
25the county board may by ordinance or resolution establish an

HB4594 Enrolled- 30 -LRB100 17151 MRW 32305 b
1additional assessment not to exceed $37 to be remitted to the
2county treasurer of which $5 shall be deposited into the Court
3Automation Fund, $5 shall be deposited into the Court Document
4Storage Fund, $2 shall be deposited into the State's Attorneys
5Records Automation Fund, $2 shall be deposited into the Public
6Defenders Records Automation Fund, $10 shall be deposited into
7the Probation and Court Services Fund, and the remainder shall
8be used for purposes related to the operation of the court
9system.
10 (2) As the State's portion, $97 to the State Treasurer, who
11shall deposit the money as follows:
12 (A) $20 into the State Police Operations Assistance
13 Fund;
14 (B) $5 into the Drivers Education Fund;
15 (C) $5 into the State Police Merit Board Public Safety
16 Fund;
17 (D) $22 into the Fire Prevention Fund;
18 (E) $40 into the Traffic and Criminal Conviction
19 Surcharge Fund; and
20 (F) $5 into the Violent Crime Victims Assistance Fund.
21 (3) As the arresting agency's portion, $25, to the
22treasurer of the unit of local government of the arresting
23agency, who shall deposit the money as follows:
24 (A) $2 into the E-citation Fund of that unit of local
25 government or as provided in subsection (c) of Section 10-5
26 of this Act if the arresting agency is a State agency,

HB4594 Enrolled- 31 -LRB100 17151 MRW 32305 b
1 unless more than one agency is responsible for the arrest
2 in which case the amount shall be remitted to each unit of
3 government equally.
4 (B) $23 into the General Fund of that unit of local
5 government or as provided in subsection (c) of Section 10-5
6 of this Act if the arresting agency is a State agency,
7 unless more than one agency is responsible for the arrest
8 in which case the amount shall be remitted to each unit of
9 government equally.
10 Section 15-50. SCHEDULE 10; minor traffic offenses.
11SCHEDULE 10: For a minor traffic offense, the Clerk of the
12Circuit Court shall collect $226 plus, if applicable, the
13amount established under paragraph (1.5) of this Section and
14remit as follows:
15 (1) As the county's portion, $168 to the county treasurer,
16who shall deposit the money as follows:
17 (A) $20 into the Court Automation Fund;
18 (B) $20 into the Court Document Storage Fund;
19 (C) $5 into the Circuit Court Clerk Operation and
20 Administrative Fund;
21 (D) $8 into the Circuit Court Clerk Electronic Citation
22 Fund; and
23 (E) $115 into the county's General Fund.
24 (1.5) In a county with a population of 3,000,000 or more,
25the county board may by ordinance or resolution establish an

HB4594 Enrolled- 32 -LRB100 17151 MRW 32305 b
1additional assessment not to exceed $28 to be remitted to the
2county treasurer of which $5 shall be deposited into the Court
3Automation Fund, $5 shall be deposited into the Court Document
4Storage Fund, $2 shall be deposited into the State's Attorneys
5Records Automation Fund, $2 shall be deposited into the Public
6Defenders Records Automation Fund, $10 shall be deposited into
7the Probation and Court Services Fund, and the remainder shall
8be used for purposes related to the operation of the court
9system.
10 (2) As the State's portion, $46 to the State Treasurer, who
11shall deposit the money as follows:
12 (A) $10 into the State Police Operations Assistance
13 Fund;
14 (B) $5 into the State Police Merit Board Public Safety
15 Fund;
16 (C) $4 into the Drivers Education Fund;
17 (D) $20 into the Traffic and Criminal Conviction
18 Surcharge Fund;
19 (E) $4 into the Law Enforcement Camera Grant Fund; and
20 (F) $3 into the Violent Crime Victims Assistance Fund.
21 (3) As the arresting agency's portion, $12, to the
22treasurer of the unit of local government of the arresting
23agency, who shall deposit the money as follows:
24 (A) $2 into the E-citation Fund of that unit of local
25 government or as provided in subsection (c) of Section 10-5
26 of this Act if the arresting agency is a State agency,

HB4594 Enrolled- 33 -LRB100 17151 MRW 32305 b
1 unless more than one agency is responsible for the arrest
2 in which case the amount shall be remitted to each unit of
3 government equally.
4 (B) $10 into the General Fund of that unit of local
5 government or as provided in subsection (c) of Section 10-5
6 of this Act if the arresting agency is a State agency,
7 unless more than one agency is responsible for the arrest
8 in which case the amount shall be remitted to each unit of
9 government equally.
10 Section 15-52. SCHEDULE 10.5; truck weight and load
11offenses.
12SCHEDULE 10.5: For an offense under paragraph (1), (2), or (3)
13of subsection (d) of Section 3-401 or Section 15-111 of the
14Illinois Vehicle Code, the Clerk of the Circuit Court shall
15collect $260 and remit as follows:
16 (1) As the county's portion, $168 to the county treasurer,
17who shall deposit the money as follows:
18 (A) $20 into the Court Automation Fund;
19 (B) $20 into the Court Document Storage Fund;
20 (C) $5 into the Circuit Court Clerk Operation and
21 Administrative Fund;
22 (D) $8 into the Circuit Court Clerk Electronic Citation
23 Fund; and
24 (E) $115 into the county's General Fund.
25 (2) As the State's portion, $92 to the State Treasurer, who

HB4594 Enrolled- 34 -LRB100 17151 MRW 32305 b
1shall deposit the money as follows:
2 (A) $31 into the State Police Merit Board Public Safety
3 Fund, regardless of the type of overweight citation or
4 arresting law enforcement agency;
5 (B) $31 into the Traffic and Criminal Conviction
6 Surcharge Fund; and
7 (C) $30 to the State Police Operations Assistance Fund.
8 Section 15-55. SCHEDULE 11; conservation offenses.
9SCHEDULE 11: For a conservation offense, the Clerk of the
10Circuit Court shall collect $195 and remit as follows:
11 (1) As the county's portion, $168, to the county treasurer,
12who shall deposit the money as follows:
13 (A) $20 into the Court Automation Fund;
14 (B) $20 into the Court Document Storage Fund;
15 (C) $5 into the Circuit Court Clerk Operation and
16 Administrative Fund;
17 (D) $8 into the Circuit Court Clerk Electronic Citation
18 Fund; and
19 (E) $115 into the county's General Fund.
20 (2) As the State's portion, $25, to the State Treasurer,
21who shall deposit the money into the Conservation Police
22Operations Assistance Fund.
23 (3) As the arresting agency's portion, $2, to the treasurer
24of the unit of local government of the arresting agency, who
25shall deposit the money into the E-citation Fund of that unit

HB4594 Enrolled- 35 -LRB100 17151 MRW 32305 b
1of local government or as provided in subsection (c) of Section
210-5 of this Act if the arresting agency is a State agency,
3unless more than one agency is responsible for the arrest in
4which case the amount shall be remitted to each unit of
5government equally.
6 Section 15-60. SCHEDULE 12; dispositions under Supreme
7Court Rule 529. SCHEDULE 12: For a disposition under Supreme
8Court Rule 529, the Clerk of the Circuit Court shall collect
9$164 and remit as follows:
10 (1) As the county's portion, $100, to the county treasurer,
11who shall deposit the money as follows:
12 (A) $20 into the Court Automation Fund;
13 (B) $20 into the Court Document Storage Fund;
14 (C) $5 into the Circuit Court Clerk Operation and
15 Administrative Fund;
16 (D) $8 into the Circuit Court Clerk Electronic Citation
17 Fund; and
18 (E) $47 into the county's General Fund.
19 (2) As the State's portion, $14 to the State Treasurer, who
20shall deposit the money as follows:
21 (A) $3 into the Drivers Education Fund;
22 (B) $2 into the State Police Merit Board Public Safety
23 Fund;
24 (C) $4 into the Traffic and Criminal Conviction
25 Surcharge Fund;

HB4594 Enrolled- 36 -LRB100 17151 MRW 32305 b
1 (D) $1 into the Law Enforcement Camera Grant Fund; and
2 (E) $4 into the Violent Crime Victims Assistance Fund.
3 (3) As the arresting agency's portion, $50 as follows,
4unless more than one agency is responsible for the arrest in
5which case the amount shall be remitted to each unit of
6government equally:
7 (A) if the arresting agency is a local agency to the
8 treasurer of the unit of local government of the arresting
9 agency, who shall deposit the money as follows:
10 (i) $2 into the E-citation Fund of the unit of
11 local government; and
12 (ii) $48 into the General Fund of the unit of local
13 government; or
14 (B) as provided in subsection (c) of Section 10-5 of
15 this Act if the arresting agency is a State agency.
16 Section 15-65. SCHEDULE 13; non-traffic violations.
17SCHEDULE 13: For a petty offense, business offense, or
18non-traffic ordinance violation, the Clerk of the Circuit Court
19shall collect $100 and remit as follows:
20 (1) As the county's portion, $75, to the county treasurer,
21who shall deposit the money as follows:
22 (A) $20 into the Court Automation Fund;
23 (B) $20 into the Court Document Storage Fund;
24 (C) $5 into the Circuit Court Clerk Operation and
25 Administrative Fund;

HB4594 Enrolled- 37 -LRB100 17151 MRW 32305 b
1 (D) $8 into the Circuit Court Clerk Electronic Citation
2 Fund; and
3 (E) $22 into the county's General Fund.
4 (2) As the arresting agency's portion, $25 as follows,
5unless more than one agency is responsible for the arrest in
6which case the amount shall be remitted to each unit of
7government equally:
8 (A) if the arresting agency is a local agency to the
9 treasurer of the unit of local government of the arresting
10 agency, who shall deposit the money as follows:
11 (i) $2 into the E-citation Fund of the unit of
12 local government; and
13 (ii) $23 into the General Fund of the unit of local
14 government; or
15 (B) as provided in subsection (c) of Section 10-5 of
16 this Act if the arresting agency is a State agency.
17 Section 15-70. Conditional Assessments.
18 In addition to payments under one of the Schedule of
19Assessments 1 through 13 of this Act, the court shall also
20order payment of any of the following conditional assessment
21amounts for each sentenced violation in the case to which a
22conditional assessment is applicable, which shall be collected
23and remitted by the Clerk of the Circuit Court as provided in
24this Section:
25 (1) arson, residential arson, or aggravated arson,

HB4594 Enrolled- 38 -LRB100 17151 MRW 32305 b
1 $500 per conviction to the State Treasurer for deposit into
2 the Fire Prevention Fund;
3 (2) child pornography under Section 11-20.1 of the
4 Criminal Code of 1961 or the Criminal Code of 2012, $500
5 per conviction, unless more than one agency is responsible
6 for the arrest in which case the amount shall be remitted
7 to each unit of government equally:
8 (A) if the arresting agency is an agency of a unit
9 of local government $500 to the treasurer of the unit
10 of local government for deposit into the unit of local
11 government's General Fund, except that if the
12 Department of State Police provides digital or
13 electronic forensic examination assistance, or both,
14 to the arresting agency then $100 to the State
15 Treasurer for deposit into the State Crime Laboratory
16 Fund; or
17 (B) if the arresting agency is the Department of
18 State Police remitted to the State Treasurer for
19 deposit into the State Crime Laboratory Fund;
20 (3) crime laboratory drug analysis for a drug-related
21 offense involving possession or delivery of cannabis or
22 possession or delivery of a controlled substance as defined
23 in the Cannabis Control Act, the Illinois Controlled
24 Substances Act, or the Methamphetamine Control and
25 Community Protection Act, $100 reimbursement for
26 laboratory analysis, as set forth in subsection (f) of

HB4594 Enrolled- 39 -LRB100 17151 MRW 32305 b
1 Section 5-9-1.4 of the Unified Code of Corrections;
2 (4) DNA analysis, $250 on each conviction in which it
3 was used to the State Treasurer for deposit into the State
4 Offender DNA Identification System Fund as set forth in
5 Section 5-4-3 of the Unified Code of Corrections;
6 (5) DUI analysis, $150 on each sentenced violation in
7 which it was used as set forth in subsection (f) of Section
8 5-9-1.9 of the Unified Code of Corrections;
9 (6) drug-related offense involving possession or
10 delivery of cannabis or possession or delivery of a
11 controlled substance, other than methamphetamine, as
12 defined in the Cannabis Control Act or the Illinois
13 Controlled Substances Act, an amount not less than the full
14 street value of the cannabis or controlled substance seized
15 for each conviction to be disbursed as follows:
16 (A)12.5% of the street value assessment shall be
17 paid into the Youth Drug Abuse Prevention Fund, to be
18 used by the Department of Human Services for the
19 funding of programs and services for drug-abuse
20 treatment, and prevention and education services;
21 (B)37.5% to the county in which the charge was
22 prosecuted, to be deposited into the county General
23 Fund;
24 (C)50% to the treasurer of the arresting law
25 enforcement agency of the municipality or county, or to
26 the State Treasurer if the arresting agency was a state

HB4594 Enrolled- 40 -LRB100 17151 MRW 32305 b
1 agency;
2 (D)if the arrest was made in combination with
3 multiple law enforcement agencies, the clerk shall
4 equitably allocate the portion in subparagraph (C) of
5 this paragraph (6) among the law enforcement agencies
6 involved in the arrest;
7 (6.5) Kane County or Will County, in felony,
8 misdemeanor, local or county ordinance, traffic, or
9 conservation cases, up to $30 as set by the county board
10 under Section 5-1101.3 of the Counties Code upon the entry
11 of a judgment of conviction, an order of supervision, or a
12 sentence of probation without entry of judgment under
13 Section 10 of the Cannabis Control Act, Section 410 of the
14 Illinois Controlled Substances Act, Section 70 of the
15 Methamphetamine Control and Community Protection Act,
16 Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
17 the Criminal Code of 1961 or the Criminal Code of 2012,
18 Section 10-102 of the Illinois Alcoholism and Other Drug
19 Dependency Act, or Section 10 of the Steroid Control Act;
20 except in local or county ordinance, traffic, and
21 conservation cases, if fines are paid in full without a
22 court appearance, then the assessment shall not be imposed
23 or collected. Distribution of assessments collected under
24 this paragraph (6.5) shall be as provided in Section
25 5-1101.3 of the Counties Code;
26 (7) methamphetamine-related offense involving

HB4594 Enrolled- 41 -LRB100 17151 MRW 32305 b
1 possession or delivery of methamphetamine or any salt of an
2 optical isomer of methamphetamine or possession of a
3 methamphetamine manufacturing material as set forth in
4 Section 10 of the Methamphetamine Control and Community
5 Protection Act with the intent to manufacture a substance
6 containing methamphetamine or salt of an optical isomer of
7 methamphetamine, an amount not less than the full street
8 value of the methamphetamine or salt of an optical isomer
9 of methamphetamine or methamphetamine manufacturing
10 materials seized for each conviction to be disbursed as
11 follows:
12 (A)12.5% of the street value assessment shall be
13 paid into the Youth Drug Abuse Prevention Fund, to be
14 used by the Department of Human Services for the
15 funding of programs and services for drug-abuse
16 treatment, and prevention and education services;
17 (B)37.5% to the county in which the charge was
18 prosecuted, to be deposited into the county General
19 Fund;
20 (C)50% to the treasurer of the arresting law
21 enforcement agency of the municipality or county, or to
22 the State Treasurer if the arresting agency was a state
23 agency;
24 (D)if the arrest was made in combination with
25 multiple law enforcement agencies, the clerk shall
26 equitably allocate the portion in subparagraph (C) of

HB4594 Enrolled- 42 -LRB100 17151 MRW 32305 b
1 this paragraph (6) among the law enforcement agencies
2 involved in the arrest;
3 (8) order of protection violation under Section 12-3.4
4 of the Criminal Code of 2012, $200 for each conviction to
5 the county treasurer for deposit into the Probation and
6 Court Services Fund for implementation of a domestic
7 violence surveillance program and any other assessments or
8 fees imposed under Section 5-9-1.16 of the Unified Code of
9 Corrections;
10 (9) order of protection violation, $25 for each
11 violation to the State Treasurer, for deposit into the
12 Domestic Violence Abuser Services Fund;
13 (10) prosecution by the State's Attorney of a:
14 (A) petty or business offense, $4 to the county
15 treasurer of which $2 deposited into the State's
16 Attorney Records Automation Fund and $2 into the Public
17 Defender Records Automation Fund;
18 (B) conservation or traffic offense, $2 to the
19 county treasurer for deposit into the State's Attorney
20 Records Automation Fund;
21 (11) speeding in a construction zone violation, $250 to
22 the State Treasurer for deposit into the Transportation
23 Safety Highway Hire-back Fund, unless (i) the violation
24 occurred on a highway other than an interstate highway and
25 (ii) a county police officer wrote the ticket for the
26 violation, in which case to the county treasurer for

HB4594 Enrolled- 43 -LRB100 17151 MRW 32305 b
1 deposit into that county's Transportation Safety Highway
2 Hire-back Fund;
3 (12) supervision disposition on an offense under the
4 Illinois Vehicle Code or similar provision of a local
5 ordinance, 50 cents, unless waived by the court, into the
6 Prisoner Review Board Vehicle and Equipment Fund;
7 (13) victim and offender are family or household
8 members as defined in Section 103 of the Illinois Domestic
9 Violence Act of 1986 and offender pleads guilty or no
10 contest to or is convicted of murder, voluntary
11 manslaughter, involuntary manslaughter, burglary,
12 residential burglary, criminal trespass to residence,
13 criminal trespass to vehicle, criminal trespass to land,
14 criminal damage to property, telephone harassment,
15 kidnapping, aggravated kidnaping, unlawful restraint,
16 forcible detention, child abduction, indecent solicitation
17 of a child, sexual relations between siblings,
18 exploitation of a child, child pornography, assault,
19 aggravated assault, battery, aggravated battery, heinous
20 battery, aggravated battery of a child, domestic battery,
21 reckless conduct, intimidation, criminal sexual assault,
22 predatory criminal sexual assault of a child, aggravated
23 criminal sexual assault, criminal sexual abuse, aggravated
24 criminal sexual abuse, violation of an order of protection,
25 disorderly conduct, endangering the life or health of a
26 child, child abandonment, contributing to dependency or

HB4594 Enrolled- 44 -LRB100 17151 MRW 32305 b
1 neglect of child, or cruelty to children and others, $200
2 for each sentenced violation to the State Treasurer for
3 deposit as follows: (i) for sexual assault, as defined in
4 Section 5-9-1.7 of the Unified Code of Corrections, when
5 the offender and victim are family members, one-half to the
6 Domestic Violence Shelter and Service Fund, and one-half to
7 the Sexual Assault Services Fund; (ii) for the remaining
8 offenses to the Domestic Violence Shelter and Service Fund;
9 (14) violation of Section 11-501 of the Illinois
10 Vehicle Code, Section 5-7 of the Snowmobile Registration
11 and Safety Act, Section 5-16 of the Boat Registration and
12 Safety Act, or a similar provision, whose operation of a
13 motor vehicle, snowmobile, or watercraft while in
14 violation of Section 11-501, Section 5-7 of the Snowmobile
15 Registration and Safety Act, Section 5-16 of the Boat
16 Registration and Safety Act, or a similar provision
17 proximately caused an incident resulting in an appropriate
18 emergency response, $1,000 maximum to the public agency
19 that provided an emergency response related to the person's
20 violation, and if more than one agency responded, the
21 amount payable to public agencies shall be shared equally;
22 (15) violation of Section 401, 407, or 407.2 of the
23 Illinois Controlled Substances Act that proximately caused
24 any incident resulting in an appropriate drug-related
25 emergency response, $1,000 as reimbursement for the
26 emergency response to the law enforcement agency that made

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1 the arrest, and if more than one agency is responsible for
2 the arrest, the amount payable to law enforcement agencies
3 shall be shared equally;
4 (16) violation of reckless driving, aggravated
5 reckless driving, or driving 26 miles per hour or more in
6 excess of the speed limit that triggered an emergency
7 response, $1,000 maximum reimbursement for the emergency
8 response to be distributed in its entirety to a public
9 agency that provided an emergency response related to the
10 person's violation, and if more than one agency responded,
11 the amount payable to public agencies shall be shared
12 equally;
13 (17) violation based upon each plea of guilty,
14 stipulation of facts, or finding of guilt resulting in a
15 judgment of conviction or order of supervision for an
16 offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of
17 the Criminal Code of 2012 that results in the imposition of
18 a fine, to be distributed as follows:
19 (A) $50 to the county treasurer for deposit into
20 the Circuit Court Clerk Operation and Administrative
21 Fund to cover the costs in administering this paragraph
22 (17);
23 (B) $300 to the State Treasurer who shall deposit
24 the portion as follows:
25 (i) if the arresting or investigating agency
26 is the Department of State Police, into the State

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1 Police Operations Assistance Fund;
2 (ii) if the arresting or investigating agency
3 is the Department of Natural Resources, into the
4 Conservation Police Operations Assistance Fund;
5 (iii) if the arresting or investigating agency
6 is the Secretary of State, into the Secretary of
7 State Police Services Fund;
8 (iv) if the arresting or investigating agency
9 is the Illinois Commerce Commission, into the
10 Public Utility Fund; or
11 (v) if more than one of the State agencies in
12 this subparagraph (B) is the arresting or
13 investigating agency, then equal shares with the
14 shares deposited as provided in the applicable
15 items (i) through (iv) of this subparagraph (B);
16 and
17 (C) the remainder for deposit into the Specialized
18 Services for Survivors of Human Trafficking Fund; and
19 (18) weapons violation under Section 24-1.1, 24-1.2,
20 or 24-1.5 of the Criminal Code of 1961 or the Criminal Code
21 of 2012, $100 for each conviction to the State Treasurer
22 for deposit into the Trauma Center Fund.
23
Article 20. Repeal
24 Section 20-5. Repeal. This Act is repealed on January 1,

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12021.
2
Article 900. Amendatory Provisions effective July 1, 2018
3 Section 900-5. The Unified Code of Corrections is amended
4by changing Sections 5-9-1.1 and 5-9-1.1-5 as follows:
5 (730 ILCS 5/5-9-1.1) (from Ch. 38, par. 1005-9-1.1)
6 (Text of Section from P.A. 94-550, 96-132, 96-402, 96-1234,
797-545, 98-537, and 99-480)
8 Sec. 5-9-1.1. Drug related offenses.
9 (a) When a person has been adjudged guilty of a drug
10related offense involving possession or delivery of cannabis or
11possession or delivery of a controlled substance, other than
12methamphetamine, as defined in the Cannabis Control Act, as
13amended, or the Illinois Controlled Substances Act, as amended,
14in addition to any other penalty imposed, a fine shall be
15levied by the court at not less than the full street value of
16the cannabis or controlled substances seized.
17 "Street value" shall be determined by the court on the
18basis of testimony of law enforcement personnel and the
19defendant as to the amount seized and such testimony as may be
20required by the court as to the current street value of the
21cannabis or controlled substance seized.
22 (b) In addition to any penalty imposed under subsection (a)
23of this Section, a fine of $100 shall be levied by the court,

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1the proceeds of which shall be collected by the Circuit Clerk
2and remitted to the State Treasurer under Section 27.6 of the
3Clerks of Courts Act for deposit into the Trauma Center Fund
4for distribution as provided under Section 3.225 of the
5Emergency Medical Services (EMS) Systems Act.
6 (c) In addition to any penalty imposed under subsection (a)
7of this Section, a fee of $5 shall be assessed by the court,
8the proceeds of which shall be collected by the Circuit Clerk
9and remitted to the State Treasurer under Section 27.6 of the
10Clerks of Courts Act for deposit into the Spinal Cord Injury
11Paralysis Cure Research Trust Fund. This additional fee of $5
12shall not be considered a part of the fine for purposes of any
13reduction in the fine for time served either before or after
14sentencing.
15 (d) Blank). In addition to any penalty imposed under
16subsection (a) of this Section for a drug related offense
17involving possession or delivery of cannabis or possession or
18delivery of a controlled substance as defined in the Cannabis
19Control Act, the Illinois Controlled Substances Act, or the
20Methamphetamine Control and Community Protection Act, a fee of
21$50 shall be assessed by the court, the proceeds of which shall
22be collected by the Circuit Clerk and remitted to the State
23Treasurer under Section 27.6 of the Clerks of Courts Act for
24deposit into the Performance-enhancing Substance Testing Fund.
25This additional fee of $50 shall not be considered a part of
26the fine for purposes of any reduction in the fine for time

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1served either before or after sentencing. The provisions of
2this subsection (d), other than this sentence, are inoperative
3after June 30, 2011.
4 (e) In addition to any penalty imposed under subsection (a)
5of this Section, a $25 assessment shall be assessed by the
6court, the proceeds of which shall be collected by the Circuit
7Clerk and remitted to the State Treasurer for deposit into the
8Criminal Justice Information Projects Fund. The moneys
9deposited into the Criminal Justice Information Projects Fund
10under this Section shall be appropriated to and administered by
11the Illinois Criminal Justice Information Authority for
12distribution to fund Department of State Police funding of drug
13task forces and Metropolitan Enforcement Groups by dividing the
14funds equally by the total number of Department of State Police
15drug task forces and Illinois Metropolitan Enforcement Groups.
16 (f) In addition to any penalty imposed under subsection (a)
17of this Section, a $40 assessment shall be assessed by the
18court, the proceeds of which shall be collected by the Circuit
19Clerk. Of the collected proceeds, (i) 90% shall be remitted to
20the State Treasurer for deposit into the Prescription Pill and
21Drug Disposal Fund; (ii) 5% shall be remitted for deposit into
22the Criminal Justice Information Projects Fund, for use by the
23Illinois Criminal Justice Information Authority for the costs
24associated with making grants from the Prescription Pill and
25Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%
26for deposit into the Circuit Court Clerk Operation and

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1Administrative Fund for the costs associated with
2administering this subsection.
3(Source: P.A. 98-537, eff. 8-23-13; 99-480, eff. 9-9-15.)
4 (Text of Section from P.A. 94-556, 96-132, 96-402, 96-1234,
597-545, 98-537, and 99-480)
6 Sec. 5-9-1.1. Drug related offenses.
7 (a) When a person has been adjudged guilty of a drug
8related offense involving possession or delivery of cannabis or
9possession or delivery of a controlled substance as defined in
10the Cannabis Control Act, the Illinois Controlled Substances
11Act, or the Methamphetamine Control and Community Protection
12Act, in addition to any other penalty imposed, a fine shall be
13levied by the court at not less than the full street value of
14the cannabis or controlled substances seized.
15 "Street value" shall be determined by the court on the
16basis of testimony of law enforcement personnel and the
17defendant as to the amount seized and such testimony as may be
18required by the court as to the current street value of the
19cannabis or controlled substance seized.
20 (b) In addition to any penalty imposed under subsection (a)
21of this Section, a fine of $100 shall be levied by the court,
22the proceeds of which shall be collected by the Circuit Clerk
23and remitted to the State Treasurer under Section 27.6 of the
24Clerks of Courts Act for deposit into the Trauma Center Fund
25for distribution as provided under Section 3.225 of the

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1Emergency Medical Services (EMS) Systems Act.
2 (c) In addition to any penalty imposed under subsection (a)
3of this Section, a fee of $5 shall be assessed by the court,
4the proceeds of which shall be collected by the Circuit Clerk
5and remitted to the State Treasurer under Section 27.6 of the
6Clerks of Courts Act for deposit into the Spinal Cord Injury
7Paralysis Cure Research Trust Fund. This additional fee of $5
8shall not be considered a part of the fine for purposes of any
9reduction in the fine for time served either before or after
10sentencing.
11 (d) (Blank). In addition to any penalty imposed under
12subsection (a) of this Section for a drug related offense
13involving possession or delivery of cannabis or possession or
14delivery of a controlled substance as defined in the Cannabis
15Control Act, the Illinois Controlled Substances Act, or the
16Methamphetamine Control and Community Protection Act, a fee of
17$50 shall be assessed by the court, the proceeds of which shall
18be collected by the Circuit Clerk and remitted to the State
19Treasurer under Section 27.6 of the Clerks of Courts Act for
20deposit into the Performance-enhancing Substance Testing Fund.
21This additional fee of $50 shall not be considered a part of
22the fine for purposes of any reduction in the fine for time
23served either before or after sentencing. The provisions of
24this subsection (d), other than this sentence, are inoperative
25after June 30, 2011.
26 (e) In addition to any penalty imposed under subsection (a)

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1of this Section, a $25 assessment shall be assessed by the
2court, the proceeds of which shall be collected by the Circuit
3Clerk and remitted to the State Treasurer for deposit into the
4Criminal Justice Information Projects Fund. The moneys
5deposited into the Criminal Justice Information Projects Fund
6under this Section shall be appropriated to and administered by
7the Illinois Criminal Justice Information Authority for
8distribution to fund Department of State Police funding of drug
9task forces and Metropolitan Enforcement Groups by dividing the
10funds equally by the total number of Department of State Police
11drug task forces and Illinois Metropolitan Enforcement Groups.
12 (f) In addition to any penalty imposed under subsection (a)
13of this Section, a $40 assessment shall be assessed by the
14court, the proceeds of which shall be collected by the Circuit
15Clerk. Of the collected proceeds, (i) 90% shall be remitted to
16the State Treasurer for deposit into the Prescription Pill and
17Drug Disposal Fund; (ii) 5% shall be remitted for deposit into
18the Criminal Justice Information Projects Fund, for use by the
19Illinois Criminal Justice Information Authority for the costs
20associated with making grants from the Prescription Pill and
21Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%
22for deposit into the Circuit Court Clerk Operation and
23Administrative Fund for the costs associated with
24administering this subsection.
25(Source: P.A. 98-537, eff. 8-23-13; 99-480, eff. 9-9-15.)

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1 (730 ILCS 5/5-9-1.1-5)
2 Sec. 5-9-1.1-5. Methamphetamine related offenses.
3 (a) When a person has been adjudged guilty of a
4methamphetamine related offense involving possession or
5delivery of methamphetamine or any salt of an optical isomer of
6methamphetamine or possession of a methamphetamine
7manufacturing material as set forth in Section 10 of the
8Methamphetamine Control and Community Protection Act with the
9intent to manufacture a substance containing methamphetamine
10or salt of an optical isomer of methamphetamine, in addition to
11any other penalty imposed, a fine shall be levied by the court
12at not less than the full street value of the methamphetamine
13or salt of an optical isomer of methamphetamine or
14methamphetamine manufacturing materials seized.
15 "Street value" shall be determined by the court on the
16basis of testimony of law enforcement personnel and the
17defendant as to the amount seized and such testimony as may be
18required by the court as to the current street value of the
19methamphetamine or salt of an optical isomer of methamphetamine
20or methamphetamine manufacturing materials seized.
21 (b) In addition to any penalty imposed under subsection (a)
22of this Section, a fine of $100 shall be levied by the court,
23the proceeds of which shall be collected by the Circuit Clerk
24and remitted to the State Treasurer under Section 27.6 of the
25Clerks of Courts Act for deposit into the Methamphetamine Law
26Enforcement Fund and allocated as provided in subsection (d) of

HB4594 Enrolled- 54 -LRB100 17151 MRW 32305 b
1Section 5-9-1.2.
2 (c) In addition to any penalty imposed under subsection (a)
3of this Section, a $25 assessment shall be assessed by the
4court, the proceeds of which shall be collected by the Circuit
5Clerk and remitted to the State Treasurer for deposit into the
6Criminal Justice Information Projects Fund. The moneys
7deposited into the Criminal Justice Information Projects Fund
8under this Section shall be appropriated to and administered by
9the Illinois Criminal Justice Information Authority for
10distribution to fund the Department of State Police funding of
11drug task forces and Metropolitan Enforcement Groups by
12dividing the funds equally by the total number of Department of
13State Police drug task forces and Metropolitan Enforcement
14Groups.
15 (d) In addition to any penalty imposed under subsection (a)
16of this Section, a $40 assessment shall be assessed by the
17court, the proceeds of which shall be collected by the Circuit
18Clerk. Of the collected proceeds, (i) 90% shall be remitted to
19the State Treasurer for deposit into the Prescription Pill and
20Drug Disposal Fund; (ii) 5% shall be remitted for deposit into
21the Criminal Justice Information Projects Fund, for use by the
22Illinois Criminal Justice Information Authority for the costs
23associated with making grants from the Prescription Pill and
24Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%
25for deposit into the Circuit Court Clerk Operation and
26Administrative Fund for the costs associated with

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1administering this subsection.
2(Source: P.A. 98-537, eff. 8-23-13; 99-480, eff. 9-9-15.)
3
Article 905. Amendatory Provisions effective July 1, 2019
4 Section 905-5. The Domestic Violence Shelters Act is
5amended by changing Section 3.2 as follows:
6 (20 ILCS 1310/3.2) (from Ch. 40, par. 2403.2)
7 Sec. 3.2. All funds collected pursuant to P.A. 82-645,
8which are held in escrow for refund and for which a refund is
9not approved by September 1, 1988, shall be forwarded to the
10State Treasurer for deposit into the Domestic Violence Shelter
11and Service Fund. The Domestic Violence Shelter and Service
12Fund shall also include assessments fines received by the State
13Treasurer from circuit clerks under the Criminal and Traffic
14Assessment Act in accordance with Section 5-9-1.5 of the
15Unified Code of Corrections. Monies deposited in the Fund
16pursuant to this Section and the income tax check-off for the
17Domestic Violence Shelter and Service Fund authorized by
18Section 507F of the Illinois Income Tax Act shall be
19appropriated to the Department of Human Services for the
20purpose of providing services specified by this Act; however,
21the Department may waive the matching funds requirement of this
22Act with respect to such monies. Any such waiver shall be
23uniform throughout the State. This amendatory Act of 1987

HB4594 Enrolled- 56 -LRB100 17151 MRW 32305 b
1applies to all funds collected pursuant to PA 82-645, held in
2escrow and for which no refund is approved by September 1,
31988, whether those funds are administered by the State, a
4county, a court, or any other unit or agency of government.
5(Source: P.A. 89-507, eff. 7-1-97.)
6 Section 905-10. The Burn Victims Relief Act is amended by
7changing Section 10 as follows:
8 (20 ILCS 1410/10)
9 Sec. 10. Payments to the George Bailey Memorial Fund. The
10George Bailey Memorial Fund is created as a special fund in the
11State treasury. The George Bailey Memorial Fund shall be funded
12pursuant to subsection (p) of Section 27.6 of the Clerks of
13Courts Act and Section 16-104d of the Illinois Vehicle Code.
14Funds received under Section 16-104d of the Illinois Vehicle
15Code shall be repaid in full to the Fire Truck Revolving Loan
16Fund, without the deduction of the 20% administrative fee
17authorized in subsection (b) of Section 5, upon receipt by the
18George Bailey Memorial Fund from the person or his or her
19estate, trust, or heirs of any moneys from a settlement for the
20injury that is the proximate cause of the person's disability
21under this Act or moneys received from Social Security
22disability benefits. Moneys in the George Bailey Memorial Fund
23may only be used for the purposes set forth in this Act.
24(Source: P.A. 99-455, eff. 1-1-16.)

HB4594 Enrolled- 57 -LRB100 17151 MRW 32305 b
1 Section 905-15. The State Police Act is amended by changing
2Section 7.2 as follows:
3 (20 ILCS 2610/7.2)
4 Sec. 7.2. State Police Merit Board Public Safety Fund.
5 (a) A special fund in the State treasury is hereby created
6which shall be known as the State Police Merit Board Public
7Safety Fund. The Fund shall be used by the State Police Merit
8Board to provide a cadet program for State Police personnel and
9to meet all costs associated with the functions of the State
10Police Merit Board. Notwithstanding any other law to the
11contrary, the State Police Merit Board Public Safety Fund is
12not subject to sweeps, administrative charge-backs, or any
13other fiscal or budgetary maneuver that would in any way
14transfer any amounts from the State Police Merit Board Public
15Safety Fund into any other fund of the State.
16 (b) The Fund may receive State appropriations, gifts,
17grants, and federal funds and shall include earnings from the
18investment of moneys in the Fund.
19 (c) The administration of this Fund shall be the
20responsibility of the State Police Merit Board. The Board shall
21establish terms and conditions for the operation of the Fund.
22The Board shall establish and implement fiscal controls and
23accounting periods for programs operated using the Fund. All
24fees or moneys received by the State Treasurer under the

HB4594 Enrolled- 58 -LRB100 17151 MRW 32305 b
1Criminal and Traffic Assessment Act subsection (n) of Section
227.6 of the Clerks of Courts Act shall be deposited into the
3Fund. The moneys deposited in the State Police Merit Board
4Public Safety Fund shall be appropriated to the State Police
5Merit Board for expenses of the Board for the administration
6and conduct of all its programs for State Police personnel.
7(Source: P.A. 97-1051, eff. 1-1-13.)
8 Section 905-20. The Illinois Criminal Justice Information
9Act is amended by changing Section 9.1 as follows:
10 (20 ILCS 3930/9.1)
11 Sec. 9.1. Criminal Justice Information Projects Fund. The
12Criminal Justice Information Projects Fund is hereby created as
13a special fund in the State Treasury. Grants and other moneys
14obtained by the Authority from governmental entities (other
15than the federal government), private sources, and
16not-for-profit organizations for use in investigating criminal
17justice issues or undertaking other criminal justice
18information projects shall be deposited into the Fund. Moneys
19in the Fund may be used by the Authority, subject to
20appropriation, for undertaking such projects and for the
21operating and other expenses of the Authority incidental to
22those projects, and for the costs associated with making grants
23from the Prescription Pill and Drug Disposal Fund. The moneys
24deposited into the Criminal Justice Information Projects Fund

HB4594 Enrolled- 59 -LRB100 17151 MRW 32305 b
1under Sections 15-15 and 15-35 of the Criminal and Traffic
2Assessment Act shall be appropriated to and administered by the
3Illinois Criminal Justice Information Authority for
4distribution to fund Department of State Police drug task
5forces and Metropolitan Enforcement Groups by dividing the
6funds equally by the total number of Department of State Police
7drug task forces and Illinois Metropolitan Enforcement Groups.
8(Source: P.A. 88-538.)
9 Section 905-25. The State Finance Act is amended by
10changing Sections 6b-4, 6z-82, 6z-87, 8p, and 8q and by adding
11Sections 5.886 and 6z-105 as follows:
12 (30 ILCS 105/5.886 new)
13 Sec. 5.886. The State Police Law Enforcement
14Administration Fund.
15 (30 ILCS 105/6b-4) (from Ch. 127, par. 142b4)
16 Sec. 6b-4. On the second Monday of every month, the
17Director of Public Health shall certify to the State
18Comptroller and the State Treasurer the amount generated by the
19issuance of commemorative birth certificates under subsection
20(14) of Section 25 of the Vital Records Act in excess of the
21costs incurred in issuing the documents. Within 15 days of
22receipt of the certification required by this Section, the
23State Comptroller and the State Treasurer shall transfer from

HB4594 Enrolled- 60 -LRB100 17151 MRW 32305 b
1the General Revenue Fund, one-half of the amount certified as
2being received from the issuance of commemorative birth
3certificates to the Child Abuse Prevention Fund and one-half of
4the amount to the Domestic Violence Shelter and Service Fund.
5 The State Treasurer shall deposit into the Domestic
6Violence Shelter and Service Fund each assessment received
7under the Criminal and Traffic Assessment Act fine received
8from circuit clerks under Section 5-9-1.5 of the Unified Code
9of Corrections.
10 The State Treasurer shall deposit into the Sexual Assault
11Services Fund and the Domestic Violence Shelter and Service
12Fund each of those fines received from circuit clerks under
13Section 5-9-1.7 of the Unified Code of Corrections in
14accordance with the provisions of that Section.
15(Source: P.A. 87-791; 87-1072.)
16 (30 ILCS 105/6z-82)
17 Sec. 6z-82. State Police Operations Assistance Fund.
18 (a) There is created in the State treasury a special fund
19known as the State Police Operations Assistance Fund. The Fund
20shall receive revenue under the Criminal and Traffic Assessment
21Act pursuant to Section 27.3a of the Clerks of Courts Act. The
22Fund may also receive revenue from grants, donations,
23appropriations, and any other legal source.
24 (b) The Department of State Police may use moneys in the
25Fund to finance any of its lawful purposes or functions.

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1 (c) Expenditures may be made from the Fund only as
2appropriated by the General Assembly by law.
3 (d) Investment income that is attributable to the
4investment of moneys in the Fund shall be retained in the Fund
5for the uses specified in this Section.
6 (e) The State Police Operations Assistance Fund shall not
7be subject to administrative chargebacks.
8 (f) Notwithstanding any other provision of State law to the
9contrary, on or after July 1, 2012, and until June 30, 2013, in
10addition to any other transfers that may be provided for by
11law, at the direction of and upon notification from the
12Director of State Police, the State Comptroller shall direct
13and the State Treasurer shall transfer amounts into the State
14Police Operations Assistance Fund from the designated funds not
15exceeding the following totals:
16 State Police Vehicle Fund.....................$2,250,000
17 State Police Wireless Service
18 Emergency Fund............................$2,500,000
19 State Police Services Fund....................$3,500,000
20(Source: P.A. 96-1029, eff. 7-13-10; 97-333, eff. 8-12-11;
2197-732, eff. 6-30-12.)
22 (30 ILCS 105/6z-87)
23 Sec. 6z-87. Conservation Police Operations Assistance
24Fund.
25 (a) There is created in the State treasury a special fund

HB4594 Enrolled- 62 -LRB100 17151 MRW 32305 b
1known as the Conservation Police Operations Assistance Fund.
2The Fund shall receive revenue under the Criminal and Traffic
3Assessment Act pursuant to Section 27.3a of the Clerks of
4Courts Act. The Fund may also receive revenue from grants,
5donations, appropriations, and any other legal source.
6 (b) The Department of Natural Resources may use moneys in
7the Fund to support any lawful operations of the Illinois
8Conservation Police.
9 (c) Expenditures may be made from the Fund only as
10appropriated by the General Assembly by law.
11 (d) Investment income that is attributable to the
12investment of moneys in the Fund shall be retained in the Fund
13for the uses specified in this Section.
14 (e) The Conservation Police Operations Assistance Fund
15shall not be subject to administrative chargebacks.
16(Source: P.A. 97-46, eff. 7-1-12; 97-813, eff. 7-13-12.)
17 (30 ILCS 105/6z-105 new)
18 Sec. 6z-105. State Police Law Enforcement Administration
19Fund.
20 (a) There is created in the State treasury a special fund
21known as the State Police Law Enforcement Administration Fund.
22The Fund shall receive revenue under subsection (c) of Section
2310-5 of the Criminal and Traffic Assessment Act. The Fund may
24also receive revenue from grants, donations, appropriations,
25and any other legal source.

HB4594 Enrolled- 63 -LRB100 17151 MRW 32305 b
1 (b) The Department of State Police may use moneys in the
2Fund to finance any of its lawful purposes or functions;
3however, the primary purpose shall be to finance State Police
4cadet classes in May and October of each year.
5 (c) Expenditures may be made from the Fund only as
6appropriated by the General Assembly by law.
7 (d) Investment income that is attributable to the
8investment of moneys in the Fund shall be retained in the Fund
9for the uses specified in this Section.
10 (e) The State Police Law Enforcement Administration Fund
11shall not be subject to administrative chargebacks.
12 (30 ILCS 105/8p)
13 Sec. 8p. State Police Streetgang-Related Crime Fund.
14 (a) The State Police Streetgang-Related Crime Fund is
15created as a special fund in the State treasury.
16 (b) All moneys collected and payable to the Department of
17State Police from the State Police Streetgang-Related Crime
18Fund under Section 5-9-1.19 of the Unified Code of Corrections
19shall be deposited into the State Police Streetgang-Related
20Crime Fund and shall be appropriated to and administered by the
21Department of State Police for operations and initiatives to
22combat and prevent streetgang-related crime.
23 (c) The State Police Streetgang-Related Crime Fund shall
24not be subject to administrative chargebacks.
25(Source: P.A. 96-1029, eff. 7-13-10.)

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1 (30 ILCS 105/8q)
2 Sec. 8q. Illinois Department of Corrections Parole
3Division Offender Supervision Fund.
4 (a) The Illinois Department of Corrections Parole Division
5Offender Supervision Fund is created as a special fund in the
6State treasury.
7 (b) All moneys collected and payable to the Department of
8Corrections and under Section 5-9-1.20 of the Unified Code of
9Corrections shall be deposited into the Illinois Department of
10Corrections Parole Division Offender Supervision Fund and
11shall be appropriated to and administered by the Department of
12Corrections for operations and initiatives to combat and
13supervise paroled offenders in the community.
14 (c) The Illinois Department of Corrections Parole Division
15Offender Supervision Fund shall not be subject to
16administrative chargebacks.
17(Source: P.A. 97-262, eff. 8-5-11.)
18 Section 905-30. The State Property Control Act is amended
19by changing Section 7c as follows:
20 (30 ILCS 605/7c)
21 Sec. 7c. Acquisition of State Police vehicles. The State
22Police Vehicle Fund is created as a special fund in the State
23treasury. The Fund shall consist of fees received pursuant to

HB4594 Enrolled- 65 -LRB100 17151 MRW 32305 b
1Section 16-104c of the Illinois Vehicle Code. All moneys in the
2Fund, subject to appropriation, shall be used by the Department
3of State Police:
4 (1) for the acquisition of vehicles for that
5 Department; or
6 (2) for debt service on bonds issued to finance the
7 acquisition of vehicles for that Department.
8(Source: P.A. 94-839, eff. 6-6-06.)
9 Section 905-35. Illinois Police Training Act is amended by
10changing Section 9 as follows:
11 (50 ILCS 705/9) (from Ch. 85, par. 509)
12 Sec. 9. A special fund is hereby established in the State
13Treasury to be known as the Traffic and Criminal Conviction
14Surcharge Fund and shall be financed as provided in Section 9.1
15of this Act and Section 5-9-1 of the Unified Code of
16Corrections, unless the fines, costs, or additional amounts
17imposed are subject to disbursement by the circuit clerk under
18Section 27.5 of the Clerks of Courts Act. Moneys in this Fund
19shall be expended as follows:
20 (1) a portion of the total amount deposited in the Fund
21 may be used, as appropriated by the General Assembly, for
22 the ordinary and contingent expenses of the Illinois Law
23 Enforcement Training Standards Board;
24 (2) a portion of the total amount deposited in the Fund

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1 shall be appropriated for the reimbursement of local
2 governmental agencies participating in training programs
3 certified by the Board, in an amount equaling 1/2 of the
4 total sum paid by such agencies during the State's previous
5 fiscal year for mandated training for probationary police
6 officers or probationary county corrections officers and
7 for optional advanced and specialized law enforcement or
8 county corrections training; these reimbursements may
9 include the costs for tuition at training schools, the
10 salaries of trainees while in schools, and the necessary
11 travel and room and board expenses for each trainee; if the
12 appropriations under this paragraph (2) are not sufficient
13 to fully reimburse the participating local governmental
14 agencies, the available funds shall be apportioned among
15 such agencies, with priority first given to repayment of
16 the costs of mandatory training given to law enforcement
17 officer or county corrections officer recruits, then to
18 repayment of costs of advanced or specialized training for
19 permanent police officers or permanent county corrections
20 officers;
21 (3) a portion of the total amount deposited in the Fund
22 may be used to fund the Intergovernmental Law Enforcement
23 Officer's In-Service Training Act, veto overridden October
24 29, 1981, as now or hereafter amended, at a rate and method
25 to be determined by the board;
26 (4) a portion of the Fund also may be used by the

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1 Illinois Department of State Police for expenses incurred
2 in the training of employees from any State, county or
3 municipal agency whose function includes enforcement of
4 criminal or traffic law;
5 (5) a portion of the Fund may be used by the Board to
6 fund grant-in-aid programs and services for the training of
7 employees from any county or municipal agency whose
8 functions include corrections or the enforcement of
9 criminal or traffic law;
10 (6) for fiscal years 2013 through 2017 only, a portion
11 of the Fund also may be used by the Department of State
12 Police to finance any of its lawful purposes or functions;
13 and
14 (7) a portion of the Fund may be used by the Board,
15 subject to appropriation, to administer grants to local law
16 enforcement agencies for the purpose of purchasing
17 bulletproof vests under the Law Enforcement Officer
18 Bulletproof Vest Act.
19 All payments from the Traffic and Criminal Conviction
20Surcharge Fund shall be made each year from moneys appropriated
21for the purposes specified in this Section. No more than 50% of
22any appropriation under this Act shall be spent in any city
23having a population of more than 500,000. The State Comptroller
24and the State Treasurer shall from time to time, at the
25direction of the Governor, transfer from the Traffic and
26Criminal Conviction Surcharge Fund to the General Revenue Fund

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1in the State Treasury such amounts as the Governor determines
2are in excess of the amounts required to meet the obligations
3of the Traffic and Criminal Conviction Surcharge Fund.
4(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14;
598-743, eff. 1-1-15; 99-78, eff. 7-20-15; 99-523, eff.
66-30-16.)
7 (50 ILCS 705/9.1 rep.)
8 Section 905-37. Illinois Police Training Act is amended by
9repealing Section 9.1.
10 Section 905-40. The Counties Code is amended by changing
11Sections 3-6023, 4-2004, 4-2005, and 4-2006 as follows:
12 (55 ILCS 5/3-6023) (from Ch. 34, par. 3-6023)
13 Sec. 3-6023. Attendance at courts. Each sheriff shall, in
14person or by deputy, county corrections officer, or court
15security officer, attend upon all courts held in his or her
16county when in session, and obey the lawful orders and
17directions of the court, and shall maintain the security of the
18courthouse. Court services customarily performed by sheriffs
19shall be provided by the sheriff or his or her deputies, county
20corrections officers, or court security officers, rather than
21by employees of the court, unless there are no deputies, county
22corrections officers, or court security officers available to
23perform such services. The expenses of the sheriff in carrying

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1out his or her duties under this Section, including the
2compensation of deputies, county corrections officers, or
3court security officers assigned to such services, shall be
4paid to the county from fees collected pursuant to court order
5for services of the sheriff and from any court services fees
6collected by the county under the Criminal and Traffic
7Assessment Act pursuant to Section 5-1103, as now or hereafter
8amended.
9(Source: P.A. 89-685, eff. 6-1-97; 89-707, eff. 6-1-97.)
10 (55 ILCS 5/4-2004) (from Ch. 34, par. 4-2004)
11 Sec. 4-2004. Collection and disposition of fines and
12forfeitures. It shall be the duty of State's attorneys to
13attend to the collection of all fines and forfeitures in
14criminal cases, and they shall, without delay, pay over all
15fines and forfeitures collected by them to the county treasurer
16to be deposited into the general corporate fund of the county,
17except as otherwise specifically provided by law and except for
18such portion as is required by Section 9.1 of "The Illinois
19Police Training Act" and Section 5-9-1 of the "Unified Code of
20Corrections" to be paid into The Traffic and Criminal
21Conviction Surcharge Fund in the State Treasury, unless the
22fines and forfeitures are subject to disbursement by the
23circuit clerk under Section 27.5 of the Clerks of Courts Act.
24(Source: P.A. 86-962; 87-670.)

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1 (55 ILCS 5/4-2005) (from Ch. 34, par. 4-2005)
2 Sec. 4-2005. Payment of salaries; disposition of fees. The
3salaries of the State's attorneys, excepting that part which is
4to be paid out of the State treasury as now provided for by
5law, and the salaries of all Assistant State's attorneys shall
6be paid out of the general corporate fund of the county
7treasury of the county in which the State's attorney resides,
8on the order of the county board by the treasurer of the
9county: The fees which are now, or may hereafter, be provided
10by law to be paid by the defendant or defendants, as State's
11attorney's fees, shall be taxed as costs and all fees, fines,
12forfeitures and penalties shall be collected by the State's
13attorney, except as otherwise specifically provided by law for
14those amounts required by Section 9.1 of the "Illinois Police
15Training Act" and Section 5-9-1 of the "Unified Code of
16Corrections" to be paid into The Traffic and Criminal
17Conviction Surcharge Fund and those amounts subject to
18disbursement by the circuit clerk under Section 27.5 of the
19Clerks of Courts Act, and shall be paid by him directly into
20the county treasury to be deposited into the general corporate
21fund of the county. The county treasurer shall receipt
22therefor.
23(Source: P.A. 86-962; 87-670.)
24 (55 ILCS 5/4-2006) (from Ch. 34, par. 4-2006)
25 Sec. 4-2006. Report of fees.

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1 (a) It is hereby made the duty of all State's attorneys to
2report to the circuit court at such times as the court shall
3determine by rule, the payment and collection of all fees,
4fines, forfeitures and penalties and to satisfy the court by
5voucher or otherwise, that all fees, fines, forfeitures and
6penalties by them collected, except as otherwise specifically
7provided by law for those amounts required by Section 9.1 of
8the Illinois Police Training Act and Section 5-9-1 of the
9Unified Code of Corrections to be paid into the Traffic and
10Criminal Conviction Surcharge Fund, have been duly paid over to
11the county treasurer, as required by Section 4-2005, and the
12State's attorney shall have no further interest in conviction
13fees, fines, forfeitures and penalties or moneys collected by
14virtue of such office. The court shall note the filing of the
15report and fix a day certain not less than 30 days thereafter,
16when objections in writing may be filed to such report by any
17one or more taxpayers of the county, and when objections are
18filed to such report a hearing may be had upon such report and
19objections at such time and in such manner as the court may
20direct and after such hearing the court may approve or
21disapprove of such report as justice may require, and make all
22proper orders in reference thereto, and if no objections have
23been filed, the court shall inspect such report and require the
24State's attorney to produce evidence in proof of his having
25paid over as required by law all fines and forfeitures
26collected by him; and if it appears to the court that any

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1State's attorney has failed or refused to turn over the fines
2and forfeitures collected by him as required by law the court
3shall at once suspend him and appoint a State's attorney pro
4tempore to perform the duties of the office until such State's
5attorney shall have complied with the provisions of this
6Division or the orders of the court in regard thereto. The
7court, for the purpose of carrying out the provisions of this
8Section shall have the power to examine books and papers and to
9issue subpoenas to compel the appearance of persons and the
10production of books and records: Provided, however, no order
11entered under this Section shall be a bar to any proper
12proceedings against such State's attorney and his bondsman to
13require him to account for moneys collected and not paid over
14by him as required by law.
15 (b) Waiver of report of fees. The filing of the report of
16fees as provided by subsection (a) of this Section may be
17waived by written administrative order of the chief judge of
18the circuit upon written request and affidavit of the State's
19attorney of a county within the circuit that all fines, fees,
20forfeitures, and restitution are collected by the clerk of the
21circuit court and that none of those funds pass through the
22office of the State's attorney.
23(Source: P.A. 86-962; 87-1201.)
24 55 ILCS 5/3-4012 rep.
25 55 ILCS 5/4-2002 rep.

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1 55 ILCS 5/4-2002.1 rep.
2 55 ILCS 5/5-1101 rep.
3 55 ILCS 5/5-1101.5 rep.
4 55 ILCS 5/5-1103 rep.
5 Section 905-43. The Counties Code is amended by repealing
6Sections 3-4012, 4-2002, 4-2002.1, 5-1101, 5-1101.5, and
75-1103.
8 Section 905-45. The Illinois Vehicle Code is amended by
9changing Sections 2-120, 11-501.01, 11-605, 11-605.1,
1011-605.3, 11-1002.5, 15-113, and 16-105 as follows:
11 (625 ILCS 5/2-120) (from Ch. 95 1/2, par. 2-120)
12 Sec. 2-120. Disposition of fines and forfeitures.
13 (a) Fines Except as provided in subsection (f) of Section
1411-605 and subsection (c) of Section 11-1002.5 of this Code,
15fines and penalties recovered under the provisions of this Act
16administered by the Secretary of State, except those fines,
17assessments, and penalties subject to disbursement by the
18circuit clerk under the Criminal and Traffic Assessment Act
19Section 27.5 of the Clerks of Courts Act, shall be paid over
20and used as follows:
21 1. For violations of this Act committed within the
22 limits of an incorporated city or village, to the treasurer
23 of the particular city or village, if arrested by the
24 authorities of the city or village and reasonably

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1 prosecuted for all fines and penalties under this Act by
2 the police officers and officials of the city or village.
3 2. For violations of this Act committed outside the
4 limits of an incorporated city or village to the county
5 treasurer of the court where the offense was committed.
6 3. For the purposes of this Act an offense for
7 violation of any provision of this Act not committed upon
8 the highway shall be deemed to be committed where the
9 violator resides or where he has a place of business
10 requiring some registration, permit or license to operate
11 such business under this Act.
12 (b) Failure, refusal or neglect on the part of any judicial
13or other officer or employee receiving or having custody of any
14such fine or forfeiture either before or after a deposit with
15the proper official as defined in paragraph (a) of this
16Section, shall constitute misconduct in office and shall be
17grounds for removal therefrom.
18(Source: P.A. 95-302, eff. 1-1-08.)
19 (625 ILCS 5/11-501.01)
20 Sec. 11-501.01. Additional administrative sanctions.
21 (a) After a finding of guilt and prior to any final
22sentencing or an order for supervision, for an offense based
23upon an arrest for a violation of Section 11-501 or a similar
24provision of a local ordinance, individuals shall be required
25to undergo a professional evaluation to determine if an

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1alcohol, drug, or intoxicating compound abuse problem exists
2and the extent of the problem, and undergo the imposition of
3treatment as appropriate. Programs conducting these
4evaluations shall be licensed by the Department of Human
5Services. The cost of any professional evaluation shall be paid
6for by the individual required to undergo the professional
7evaluation.
8 (b) Any person who is found guilty of or pleads guilty to
9violating Section 11-501, including any person receiving a
10disposition of court supervision for violating that Section,
11may be required by the Court to attend a victim impact panel
12offered by, or under contract with, a county State's Attorney's
13office, a probation and court services department, Mothers
14Against Drunk Driving, or the Alliance Against Intoxicated
15Motorists. All costs generated by the victim impact panel shall
16be paid from fees collected from the offender or as may be
17determined by the court.
18 (c) (Blank). Every person found guilty of violating Section
1911-501, whose operation of a motor vehicle while in violation
20of that Section proximately caused any incident resulting in an
21appropriate emergency response, shall be liable for the expense
22of an emergency response as provided in subsection (i) of this
23Section.
24 (d) The Secretary of State shall revoke the driving
25privileges of any person convicted under Section 11-501 or a
26similar provision of a local ordinance.

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1 (e) The Secretary of State shall require the use of
2ignition interlock devices for a period not less than 5 years
3on all vehicles owned by a person who has been convicted of a
4second or subsequent offense of Section 11-501 or a similar
5provision of a local ordinance. The person must pay to the
6Secretary of State DUI Administration Fund an amount not to
7exceed $30 for each month that he or she uses the device. The
8Secretary shall establish by rule and regulation the procedures
9for certification and use of the interlock system, the amount
10of the fee, and the procedures, terms, and conditions relating
11to these fees. During the time period in which a person is
12required to install an ignition interlock device under this
13subsection (e), that person shall only operate vehicles in
14which ignition interlock devices have been installed, except as
15allowed by subdivision (c)(5) or (d)(5) of Section 6-205 of
16this Code.
17 (f) (Blank). In addition to any other penalties and
18liabilities, a person who is found guilty of or pleads guilty
19to violating Section 11-501, including any person placed on
20court supervision for violating Section 11-501, shall be
21assessed $750, payable to the circuit clerk, who shall
22distribute the money as follows: $350 to the law enforcement
23agency that made the arrest, and $400 shall be forwarded to the
24State Treasurer for deposit into the General Revenue Fund. If
25the person has been previously convicted of violating Section
2611-501 or a similar provision of a local ordinance, the fine

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1shall be $1,000, and the circuit clerk shall distribute $200 to
2the law enforcement agency that made the arrest and $800 to the
3State Treasurer for deposit into the General Revenue Fund. In
4the event that more than one agency is responsible for the
5arrest, the amount payable to law enforcement agencies shall be
6shared equally. Any moneys received by a law enforcement agency
7under this subsection (f) shall be used for enforcement and
8prevention of driving while under the influence of alcohol,
9other drug or drugs, intoxicating compound or compounds or any
10combination thereof, as defined by Section 11-501 of this Code,
11including but not limited to the purchase of law enforcement
12equipment and commodities that will assist in the prevention of
13alcohol related criminal violence throughout the State; police
14officer training and education in areas related to alcohol
15related crime, including but not limited to DUI training; and
16police officer salaries, including but not limited to salaries
17for hire back funding for safety checkpoints, saturation
18patrols, and liquor store sting operations. Any moneys received
19by the Department of State Police under this subsection (f)
20shall be deposited into the State Police DUI Fund and shall be
21used to purchase law enforcement equipment that will assist in
22the prevention of alcohol related criminal violence throughout
23the State.
24 (g) The Secretary of State Police DUI Fund is created as a
25special fund in the State treasury. All moneys received by the
26Secretary of State Police under subsection (f) of this Section

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1shall be deposited into the Secretary of State Police DUI Fund
2and, subject to appropriation, shall be used for enforcement
3and prevention of driving while under the influence of alcohol,
4other drug or drugs, intoxicating compound or compounds or any
5combination thereof, as defined by Section 11-501 of this Code,
6including but not limited to the purchase of law enforcement
7equipment and commodities to assist in the prevention of
8alcohol related criminal violence throughout the State; police
9officer training and education in areas related to alcohol
10related crime, including but not limited to DUI training; and
11police officer salaries, including but not limited to salaries
12for hire back funding for safety checkpoints, saturation
13patrols, and liquor store sting operations.
14 (h) Whenever an individual is sentenced for an offense
15based upon an arrest for a violation of Section 11-501 or a
16similar provision of a local ordinance, and the professional
17evaluation recommends remedial or rehabilitative treatment or
18education, neither the treatment nor the education shall be the
19sole disposition and either or both may be imposed only in
20conjunction with another disposition. The court shall monitor
21compliance with any remedial education or treatment
22recommendations contained in the professional evaluation.
23Programs conducting alcohol or other drug evaluation or
24remedial education must be licensed by the Department of Human
25Services. If the individual is not a resident of Illinois,
26however, the court may accept an alcohol or other drug

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1evaluation or remedial education program in the individual's
2state of residence. Programs providing treatment must be
3licensed under existing applicable alcoholism and drug
4treatment licensure standards.
5 (i) (Blank). In addition to any other fine or penalty
6required by law, an individual convicted of a violation of
7Section 11-501, Section 5-7 of the Snowmobile Registration and
8Safety Act, Section 5-16 of the Boat Registration and Safety
9Act, or a similar provision, whose operation of a motor
10vehicle, snowmobile, or watercraft while in violation of
11Section 11-501, Section 5-7 of the Snowmobile Registration and
12Safety Act, Section 5-16 of the Boat Registration and Safety
13Act, or a similar provision proximately caused an incident
14resulting in an appropriate emergency response, shall be
15required to make restitution to a public agency for the costs
16of that emergency response. The restitution may not exceed
17$1,000 per public agency for each emergency response. As used
18in this subsection (i), "emergency response" means any incident
19requiring a response by a police officer, a firefighter carried
20on the rolls of a regularly constituted fire department, or an
21ambulance. With respect to funds designated for the Department
22of State Police, the moneys shall be remitted by the circuit
23court clerk to the State Police within one month after receipt
24for deposit into the State Police DUI Fund. With respect to
25funds designated for the Department of Natural Resources, the
26Department of Natural Resources shall deposit the moneys into

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1the Conservation Police Operations Assistance Fund.
2 (j) A person that is subject to a chemical test or tests of
3blood under subsection (a) of Section 11-501.1 or subdivision
4(c)(2) of Section 11-501.2 of this Code, whether or not that
5person consents to testing, shall be liable for the expense up
6to $500 for blood withdrawal by a physician authorized to
7practice medicine, a licensed physician assistant, a licensed
8advanced practice registered nurse, a registered nurse, a
9trained phlebotomist, a licensed paramedic, or a qualified
10person other than a police officer approved by the Department
11of State Police to withdraw blood, who responds, whether at a
12law enforcement facility or a health care facility, to a police
13department request for the drawing of blood based upon refusal
14of the person to submit to a lawfully requested breath test or
15probable cause exists to believe the test would disclose the
16ingestion, consumption, or use of drugs or intoxicating
17compounds if:
18 (1) the person is found guilty of violating Section
19 11-501 of this Code or a similar provision of a local
20 ordinance; or
21 (2) the person pleads guilty to or stipulates to facts
22 supporting a violation of Section 11-503 of this Code or a
23 similar provision of a local ordinance when the plea or
24 stipulation was the result of a plea agreement in which the
25 person was originally charged with violating Section
26 11-501 of this Code or a similar local ordinance.

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1(Source: P.A. 99-289, eff. 8-6-15; 99-296, eff. 1-1-16; 99-642,
2eff. 7-28-16; 100-513, eff. 1-1-18.)
3 (625 ILCS 5/11-605) (from Ch. 95 1/2, par. 11-605)
4 Sec. 11-605. Special speed limit while passing schools.
5 (a) For the purpose of this Section, "school" means the
6following entities:
7 (1) A public or private primary or secondary school.
8 (2) A primary or secondary school operated by a
9 religious institution.
10 (3) A public, private, or religious nursery school.
11 On a school day when school children are present and so
12close thereto that a potential hazard exists because of the
13close proximity of the motorized traffic, no person shall drive
14a motor vehicle at a speed in excess of 20 miles per hour while
15passing a school zone or while traveling on a roadway on public
16school property or upon any public thoroughfare where children
17pass going to and from school.
18 For the purpose of this Section a school day shall begin at
19seven ante meridian and shall conclude at four post meridian.
20 This Section shall not be applicable unless appropriate
21signs are posted upon streets and highways under their
22respective jurisdiction and maintained by the Department,
23township, county, park district, city, village or incorporated
24town wherein the school zone is located. With regard to the
25special speed limit while passing schools, such signs shall

HB4594 Enrolled- 82 -LRB100 17151 MRW 32305 b
1give proper due warning that a school zone is being approached
2and shall indicate the school zone and the maximum speed limit
3in effect during school days when school children are present.
4 (b) (Blank).
5 (c) Nothing in this Chapter shall prohibit the use of
6electronic speed-detecting devices within 500 feet of signs
7within a special school speed zone indicating such zone, as
8defined in this Section, nor shall evidence obtained thereby be
9inadmissible in any prosecution for speeding provided the use
10of such device shall apply only to the enforcement of the speed
11limit in such special school speed zone.
12 (d) (Blank).
13 (e) Except as provided in subsection (e-5), a person who
14violates this Section is guilty of a petty offense. Violations
15of this Section are punishable with a minimum fine of $150 for
16the first violation and a minimum fine of $300 for the second
17or subsequent violation.
18 (e-5) A person committing a violation of this Section is
19guilty of aggravated special speed limit while passing schools
20when he or she drives a motor vehicle at a speed that is:
21 (1) 26 miles per hour or more but less than 35 miles
22 per hour in excess of the applicable special speed limit
23 established under this Section or a similar provision of a
24 local ordinance and is guilty of a Class B misdemeanor; or
25 (2) 35 miles per hour or more in excess of the
26 applicable special speed limit established under this

HB4594 Enrolled- 83 -LRB100 17151 MRW 32305 b
1 Section or a similar provision of a local ordinance and is
2 guilty of a Class A misdemeanor.
3 (f) (Blank). When a fine for a violation of subsection (a)
4is $150 or greater, the person who violates subsection (a)
5shall be charged an additional $50 to be paid to the unit
6school district where the violation occurred for school safety
7purposes. If the violation occurred in a dual school district,
8$25 of the surcharge shall be paid to the elementary school
9district for school safety purposes and $25 of the surcharge
10shall be paid to the high school district for school safety
11purposes. Notwithstanding any other provision of law, the
12entire $50 surcharge shall be paid to the appropriate school
13district or districts.
14 For purposes of this subsection (f), "school safety
15purposes" includes the costs associated with school zone safety
16education, the Safe Routes to School Program under Section
172705-317 of the Department of Transportation Law of the Civil
18Administrative Code of Illinois, safety programs within the
19School Safety and Educational Improvement Block Grant Program
20under Section 2-3.51.5 of the School Code, and the purchase,
21installation, and maintenance of caution lights which are
22mounted on school speed zone signs.
23 (g) (Blank).
24 (h) (Blank).
25(Source: P.A. 99-212, eff. 1-1-16.)

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1 (625 ILCS 5/11-605.1)
2 Sec. 11-605.1. Special limit while traveling through a
3highway construction or maintenance speed zone.
4 (a) A person may not operate a motor vehicle in a
5construction or maintenance speed zone at a speed in excess of
6the posted speed limit when workers are present.
7 (a-5) A person may not operate a motor vehicle in a
8construction or maintenance speed zone at a speed in excess of
9the posted speed limit when workers are not present.
10 (b) Nothing in this Chapter prohibits the use of electronic
11speed-detecting devices within 500 feet of signs within a
12construction or maintenance speed zone indicating the zone, as
13defined in this Section, nor shall evidence obtained by use of
14those devices be inadmissible in any prosecution for speeding,
15provided the use of the device shall apply only to the
16enforcement of the speed limit in the construction or
17maintenance speed zone.
18 (c) As used in this Section, a "construction or maintenance
19speed zone" is an area in which the Department, Toll Highway
20Authority, or local agency has posted signage advising drivers
21that a construction or maintenance speed zone is being
22approached, or in which the Department, Authority, or local
23agency has posted a lower speed limit with a highway
24construction or maintenance speed zone special speed limit sign
25after determining that the preexisting established speed limit
26through a highway construction or maintenance project is

HB4594 Enrolled- 85 -LRB100 17151 MRW 32305 b
1greater than is reasonable or safe with respect to the
2conditions expected to exist in the construction or maintenance
3speed zone.
4 If it is determined that the preexisting established speed
5limit is safe with respect to the conditions expected to exist
6in the construction or maintenance speed zone, additional speed
7limit signs which conform to the requirements of this
8subsection (c) shall be posted.
9 Highway construction or maintenance speed zone special
10speed limit signs shall be of a design approved by the
11Department. The signs must give proper due warning that a
12construction or maintenance speed zone is being approached and
13must indicate the maximum speed limit in effect. The signs also
14must state the amount of the minimum fine for a violation.
15 (d) Except as provided under subsection (d-5), a person who
16violates this Section is guilty of a petty offense. Violations
17of this Section are punishable with a minimum fine of $250 for
18the first violation and a minimum fine of $750 for the second
19or subsequent violation.
20 (d-5) A person committing a violation of this Section is
21guilty of aggravated special speed limit while traveling
22through a highway construction or maintenance speed zone when
23he or she drives a motor vehicle at a speed that is:
24 (1) 26 miles per hour or more but less than 35 miles
25 per hour in excess of the applicable special speed limit
26 established under this Section or a similar provision of a

HB4594 Enrolled- 86 -LRB100 17151 MRW 32305 b
1 local ordinance and is guilty of a Class B misdemeanor; or
2 (2) 35 miles per hour or more in excess of the
3 applicable special speed limit established under this
4 Section or a similar provision of a local ordinance and is
5 guilty of a Class A misdemeanor.
6 (e) (Blank). If a fine for a violation of this Section is
7$250 or greater, the person who violated this Section shall be
8charged an additional $125, which shall be deposited into the
9Transportation Safety Highway Hire-back Fund in the State
10treasury, unless (i) the violation occurred on a highway other
11than an interstate highway and (ii) a county police officer
12wrote the ticket for the violation, in which case the $125
13shall be deposited into that county's Transportation Safety
14Highway Hire-back Fund. In the case of a second or subsequent
15violation of this Section, if the fine is $750 or greater, the
16person who violated this Section shall be charged an additional
17$250, which shall be deposited into the Transportation Safety
18Highway Hire-back Fund in the State treasury, unless (i) the
19violation occurred on a highway other than an interstate
20highway and (ii) a county police officer wrote the ticket for
21the violation, in which case the $250 shall be deposited into
22that county's Transportation Safety Highway Hire-back Fund.
23 (e-5) The Department of State Police and the local county
24police department have concurrent jurisdiction over any
25violation of this Section that occurs on an interstate highway.
26 (f) The Transportation Safety Highway Hire-back Fund,

HB4594 Enrolled- 87 -LRB100 17151 MRW 32305 b
1which was created by Public Act 92-619, shall continue to be a
2special fund in the State treasury. Subject to appropriation by
3the General Assembly and approval by the Secretary, the
4Secretary of Transportation shall use all moneys in the
5Transportation Safety Highway Hire-back Fund to hire off-duty
6Department of State Police officers to monitor construction or
7maintenance zones.
8 (f-5) Each county shall create a Transportation Safety
9Highway Hire-back Fund. The county shall use the moneys in its
10Transportation Safety Highway Hire-back Fund to hire off-duty
11county police officers to monitor construction or maintenance
12zones in that county on highways other than interstate
13highways. The county, in its discretion, may also use a portion
14of the moneys in its Transportation Safety Highway Hire-back
15Fund to purchase equipment for county law enforcement and fund
16the production of materials to educate drivers on construction
17zone safe driving habits.
18 (g) For a second or subsequent violation of this Section
19within 2 years of the date of the previous violation, the
20Secretary of State shall suspend the driver's license of the
21violator for a period of 90 days. This suspension shall only be
22imposed if the current violation of this Section and at least
23one prior violation of this Section occurred during a period
24when workers were present in the construction or maintenance
25zone.
26(Source: P.A. 98-337, eff. 1-1-14; 99-212, eff. 1-1-16; 99-280,

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1eff. 1-1-16; 99-642, eff. 7-28-16.)
2 (625 ILCS 5/11-605.3)
3 Sec. 11-605.3. Special traffic protections while passing
4parks and recreation facilities and areas.
5 (a) As used in this Section:
6 (1) "Park district" means the following entities:
7 (A) any park district organized under the Park
8 District Code;
9 (B) any park district organized under the Chicago
10 Park District Act; and
11 (C) any municipality, county, forest district,
12 school district, township, or other unit of local
13 government that operates a public recreation
14 department or public recreation facilities that has
15 recreation facilities that are not on land owned by any
16 park district listed in subparagraphs (A) and (B) of
17 this subdivision (a)(1).
18 (2) "Park zone" means the recreation facilities and
19 areas on any land owned or operated by a park district that
20 are used for recreational purposes, including but not
21 limited to: parks; playgrounds; swimming pools; hiking
22 trails; bicycle paths; picnic areas; roads and streets; and
23 parking lots.
24 (3) "Park zone street" means that portion of any street
25 or intersection under the control of a local unit of

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1 government, adjacent to a park zone, where the local unit
2 of government has, by ordinance or resolution, designated
3 and approved the street or intersection as a park zone
4 street. If, before the effective date of this amendatory
5 Act of the 94th General Assembly, a street already had a
6 posted speed limit lower than 20 miles per hour, then the
7 lower limit may be used for that park zone street.
8 (4) "Safety purposes" means the costs associated with:
9 park zone safety education; the purchase, installation,
10 and maintenance of signs, roadway painting, and caution
11 lights mounted on park zone signs; and any other expense
12 associated with park zones and park zone streets.
13 (b) On any day when children are present and within 50 feet
14of motorized traffic, a person may not drive a motor vehicle at
15a speed in excess of 20 miles per hour or any lower posted
16speed while traveling on a park zone street that has been
17designated for the posted reduced speed.
18 (c) On any day when children are present and within 50 feet
19of motorized traffic, any driver traveling on a park zone
20street who fails to come to a complete stop at a stop sign or
21red light, including a driver who fails to come to a complete
22stop at a red light before turning right onto a park zone
23street, is in violation of this Section.
24 (d) This Section does not apply unless appropriate signs
25are posted upon park zone streets maintained by the Department
26or by the unit of local government in which the park zone is

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1located. With regard to the special speed limit on park zone
2streets, the signs must give proper due warning that a park
3zone is being approached and must indicate the maximum speed
4limit on the park zone street.
5 (e) A first violation of this Section is a petty offense
6with a minimum fine of $250. A second or subsequent violation
7of this Section is a petty offense with a minimum fine of $500.
8 (f) (Blank). When a fine for a violation of this Section is
9imposed, the person who violates this Section shall be charged
10an additional $50, to be paid to the park district for safety
11purposes.
12 (g) The Department shall, within 6 months of the effective
13date of this amendatory Act of the 94th General Assembly,
14design a set of standardized traffic signs for park zones and
15park zone streets, including but not limited to: "park zone",
16"park zone speed limit", and "warning: approaching a park
17zone". The design of these signs shall be made available to all
18units of local government or manufacturers at no charge, except
19for reproduction and postage.
20(Source: P.A. 94-808, eff. 5-26-06.)
21 (625 ILCS 5/11-1002.5)
22 Sec. 11-1002.5. Pedestrians' right-of-way at crosswalks;
23school zones.
24 (a) For the purpose of this Section, "school" has the
25meaning ascribed to that term in Section 11-605.

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1 On a school day when school children are present and so
2close thereto that a potential hazard exists because of the
3close proximity of the motorized traffic and when traffic
4control signals are not in place or not in operation, the
5driver of a vehicle shall stop and yield the right-of-way to a
6pedestrian crossing the roadway within a crosswalk when the
7pedestrian is upon the half of the roadway upon which the
8vehicle is traveling, or when the pedestrian is approaching so
9closely from the opposite half of the roadway as to be in
10danger.
11 For the purpose of this Section, a school day shall begin
12at seven ante meridian and shall conclude at four post
13meridian.
14 This Section shall not be applicable unless appropriate
15signs are posted in accordance with Section 11-605.
16 (b) A first violation of this Section is a petty offense
17with a minimum fine of $150. A second or subsequent violation
18of this Section is a petty offense with a minimum fine of $300.
19 (c) (Blank). When a fine for a violation of subsection (a)
20is $150 or greater, the person who violates subsection (a)
21shall be charged an additional $50 to be paid to the unit
22school district where the violation occurred for school safety
23purposes. If the violation occurred in a dual school district,
24$25 of the surcharge shall be paid to the elementary school
25district for school safety purposes and $25 of the surcharge
26shall be paid to the high school district for school safety

HB4594 Enrolled- 92 -LRB100 17151 MRW 32305 b
1purposes. Notwithstanding any other provision of law, the
2entire $50 surcharge shall be paid to the appropriate school
3district or districts.
4 For purposes of this subsection (c), "school safety
5purposes" has the meaning ascribed to that term in Section
611-605.
7(Source: P.A. 95-302, eff. 1-1-08; 96-1165, eff. 7-22-10.)
8 (625 ILCS 5/15-113) (from Ch. 95 1/2, par. 15-113)
9 Sec. 15-113. Violations; Penalties.
10 (a) Whenever any vehicle is operated in violation of the
11provisions of Section 15-111 or subsection (d) of Section
123-401, the owner or driver of such vehicle shall be deemed
13guilty of such violation and either the owner or the driver of
14such vehicle may be prosecuted for such violation. Any person
15charged with a violation of any of these provisions who pleads
16not guilty shall be present in court for the trial on the
17charge. Any person, firm or corporation convicted of any
18violation of Section 15-111 including, but not limited to, a
19maximum axle or gross limit specified on a regulatory sign
20posted in accordance with paragraph (e) or (f) of Section
2115-111, shall be fined according to the following schedule:
22Up to and including 2000 pounds overweight, the fine is $100
23From 2001 through 2500 pounds overweight, the fine is $270

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1From 2501 through 3000 pounds overweight, the fine is $330
2From 3001 through 3500 pounds overweight, the fine is $520
3From 3501 through 4000 pounds overweight, the fine is $600
4From 4001 through 4500 pounds overweight, the fine is $850
5From 4501 through 5000 pounds overweight, the fine is $950
6From 5001 or more pounds overweight, the fine shall be computed
7by assessing $1500 for the first 5000 pounds overweight and
8$150 for each additional increment of 500 pounds overweight or
9fraction thereof.
10 In addition any person, firm or corporation convicted of 4
11or more violations of Section 15-111 within any 12 month period
12shall be fined an additional amount of $5,000 for the fourth
13and each subsequent conviction within the 12 month period.
14Provided, however, that with regard to a firm or corporation, a
15fourth or subsequent conviction shall mean a fourth or
16subsequent conviction attributable to any one employee-driver.
17 (b) Whenever any vehicle is operated in violation of the
18provisions of Sections 15-102, 15-103 or 15-107, the owner or
19driver of such vehicle shall be deemed guilty of such violation

HB4594 Enrolled- 94 -LRB100 17151 MRW 32305 b
1and either may be prosecuted for such violation. Any person,
2firm or corporation convicted of any violation of Sections
315-102, 15-103 or 15-107 shall be fined for the first or second
4conviction an amount equal to not less than $50 nor more than
5$500, and for the third and subsequent convictions by the same
6person, firm or corporation within a period of one year after
7the date of the first offense, not less than $500 nor more than
8$1,000.
9 (c) All proceeds equal to 50% of the additional fines
10imposed under subsection (a) of this Section by this amendatory
11Act of the 96th General Assembly shall be remitted to the State
12Treasurer and deposited into the Capital Projects Fund.
13(Source: P.A. 96-34, eff. 1-1-10; 96-1000, eff. 7-2-10; 97-201,
14eff. 1-1-12.)
15 (625 ILCS 5/16-105) (from Ch. 95 1/2, par. 16-105)
16 Sec. 16-105. Disposition of fines and forfeitures.
17 (a) Except as provided in Section 15-113 and Section
1816-104a of this Act and except for those amounts required to be
19paid into the Traffic and Criminal Conviction Surcharge Fund in
20the State Treasury pursuant to Section 9.1 of the Illinois
21Police Training Act and Section 5-9-1 of the Unified Code of
22Corrections and except those amounts subject to disbursement by
23the circuit clerk under the Criminal and Traffic Assessment Act
24Section 27.5 of the Clerks of Courts Act, fines and penalties
25recovered under the provisions of Chapters 3 11 through 17 and

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118b 16 inclusive of this Code shall be paid and used as
2follows:
3 1. For offenses committed upon a highway within the
4 limits of a city, village, or incorporated town or under
5 the jurisdiction of any park district, to the treasurer of
6 the particular city, village, incorporated town or park
7 district, if the violator was arrested by the authorities
8 of the city, village, incorporated town or park district,
9 provided the police officers and officials of cities,
10 villages, incorporated towns and park districts shall
11 seasonably prosecute for all fines and penalties under this
12 Code. If the violation is prosecuted by the authorities of
13 the county, any fines or penalties recovered shall be paid
14 to the county treasurer, except that fines and penalties
15 recovered from violations arrested by the State Police
16 shall be remitted to the State Police Law Enforcement
17 Administration Fund. Provided further that if the violator
18 was arrested by the State Police, fines and penalties
19 recovered under the provisions of paragraph (a) of Section
20 15-113 of this Code or paragraph (e) of Section 15-316 of
21 this Code shall be paid over to the Department of State
22 Police which shall thereupon remit the amount of the fines
23 and penalties so received to the State Treasurer who shall
24 deposit the amount so remitted in the special fund in the
25 State treasury known as the Road Fund except that if the
26 violation is prosecuted by the State's Attorney, 10% of the

HB4594 Enrolled- 96 -LRB100 17151 MRW 32305 b
1 fine or penalty recovered shall be paid to the State's
2 Attorney as a fee of his office and the balance shall be
3 paid over to the Department of State Police for remittance
4 to and deposit by the State Treasurer as hereinabove
5 provided.
6 2. Except as provided in paragraph 4, for offenses
7 committed upon any highway outside the limits of a city,
8 village, incorporated town or park district, to the county
9 treasurer of the county where the offense was committed
10 except if such offense was committed on a highway
11 maintained by or under the supervision of a township,
12 township district, or a road district to the Treasurer
13 thereof for deposit in the road and bridge fund of such
14 township or other district, except that fines and penalties
15 recovered from violations arrested by the State Police
16 shall be remitted to the State Police Law Enforcement
17 Administration Fund; provided ; Provided, that fines and
18 penalties recovered under the provisions of paragraph (a)
19 of Section 15-113, paragraph (d) of Section 3-401, or
20 paragraph (e) of Section 15-316 of this Code shall be paid
21 over to the Department of State Police which shall
22 thereupon remit the amount of the fines and penalties so
23 received to the State Treasurer who shall deposit the
24 amount so remitted in the special fund in the State
25 treasury known as the Road Fund except that if the
26 violation is prosecuted by the State's Attorney, 10% of the

HB4594 Enrolled- 97 -LRB100 17151 MRW 32305 b
1 fine or penalty recovered shall be paid to the State's
2 Attorney as a fee of his office and the balance shall be
3 paid over to the Department of State Police for remittance
4 to and deposit by the State Treasurer as hereinabove
5 provided.
6 3. Notwithstanding subsections 1 and 2 of this
7 paragraph, for violations of overweight and overload
8 limits found in Sections 15-101 through 15-203 of this
9 Code, which are committed upon the highways belonging to
10 the Illinois State Toll Highway Authority, fines and
11 penalties shall be paid over to the Illinois State Toll
12 Highway Authority for deposit with the State Treasurer into
13 that special fund known as the Illinois State Toll Highway
14 Authority Fund, except that if the violation is prosecuted
15 by the State's Attorney, 10% of the fine or penalty
16 recovered shall be paid to the State's Attorney as a fee of
17 his office and the balance shall be paid over to the
18 Illinois State Toll Highway Authority for remittance to and
19 deposit by the State Treasurer as hereinabove provided.
20 4. With regard to violations of overweight and overload
21 limits found in Sections 15-101 through 15-203 of this Code
22 committed by operators of vehicles registered as Special
23 Hauling Vehicles, for offenses committed upon a highway
24 within the limits of a city, village, or incorporated town
25 or under the jurisdiction of any park district, all fines
26 and penalties shall be paid over or retained as required in

HB4594 Enrolled- 98 -LRB100 17151 MRW 32305 b
1 paragraph 1. However, with regard to the above offenses
2 committed by operators of vehicles registered as Special
3 Hauling Vehicles upon any highway outside the limits of a
4 city, village, incorporated town or park district, fines
5 and penalties shall be paid over or retained by the entity
6 having jurisdiction over the road or highway upon which the
7 offense occurred, except that if the violation is
8 prosecuted by the State's Attorney, 10% of the fine or
9 penalty recovered shall be paid to the State's Attorney as
10 a fee of his office.
11 (b) Failure, refusal or neglect on the part of any judicial
12or other officer or employee receiving or having custody of any
13such fine or forfeiture either before or after a deposit with
14the proper official as defined in paragraph (a) of this
15Section, shall constitute misconduct in office and shall be
16grounds for removal therefrom.
17(Source: P.A. 96-34, eff. 1-1-10.)
18 (625 ILCS 5/16-104a rep.)
19 (625 ILCS 5/16-104b rep.)
20 (625 ILCS 5/16-104c rep.)
21 (625 ILCS 5/16-104d rep.)
22 (625 ILCS 5/16-104d-1 rep.)
23 Section 905-47. The Illinois Vehicle Code is amended by
24repealing Sections 16-104a, 16-104b, 16-104c, 16-104d, and
2516-104d-1.

HB4594 Enrolled- 99 -LRB100 17151 MRW 32305 b
1 Section 905-50. The Access to Justice Act is amended by
2changing Section 15 as follows:
3 (705 ILCS 95/15)
4 Sec. 15. Access to Justice Fund.
5 (a) The Access to Justice Fund is created as a special fund
6in the State treasury. The Fund shall consist of fees collected
7under Section 27.3g of the Clerks of Courts Act. Moneys in the
8Access to Justice Fund shall be appropriated to the Attorney
9General for disbursements to the Foundation. The Foundation
10shall use the moneys to make grants and distributions for the
11administration of the pilot programs created under this Act.
12Grants or distributions made under this Act to the Foundation
13are subject to the requirements of the Illinois Grant Funds
14Recovery Act.
15 (b) In accordance with the requirements of the Illinois
16Equal Justice Act, the Foundation may make grants, enter into
17contracts, and take other actions recommended by the Council to
18effectuate the pilot programs and comply with the other
19requirements of this Act.
20 (c) The governing board of the Foundation must prepare and
21submit an annual report to the Governor, the President of the
22Senate, the Minority Leader of the Senate, the Speaker of the
23House of Representatives, the Minority Leader of the House of
24Representatives, and the Justices of the Illinois Supreme

HB4594 Enrolled- 100 -LRB100 17151 MRW 32305 b
1Court. The report must include: (i) a statement of the total
2receipts and a breakdown by source during each of the previous
32 calendar years; (ii) a list of the names and addresses of the
4recipients that are currently receiving grants or
5distributions and that received grants or distributions in the
6previous year and the amounts committed to recipients for the
7current year and paid in the previous year; (iii) a breakdown
8of the amounts of grants or distributions paid during the
9previous year to recipients and the amounts committed to each
10recipient for the current year; (iv) a breakdown of the
11Foundation's costs in administering the Fund; (v) a statement
12of the Fund balance at the start and at the close of the
13previous year and the interest earned during the previous year;
14and (vi) any notices the Foundation issued denying applications
15for grants or distributions under this Act. The report, in its
16entirety, is a public record, and the Foundation and the
17Governor shall make the report available for inspection upon
18request.
19 (d) The Foundation may annually retain a portion of the
20disbursements it receives under this Section to reimburse the
21Foundation for the actual cost of administering the Council and
22for making the grants and distributions pursuant to this Act
23during that year.
24 (e) No moneys distributed by the Foundation from the Access
25to Justice Fund may be directly or indirectly used for lobbying
26activities, as defined in Section 2 of the Lobbyist

HB4594 Enrolled- 101 -LRB100 17151 MRW 32305 b
1Registration Act or as defined in any ordinance or resolution
2of a municipality, county, or other unit of local government in
3Illinois.
4 (f) The Foundation may make, enter into, and execute
5contracts, agreements, leases, and other instruments with any
6person, including without limitation any federal, State, or
7local governmental agency, and may take other actions that may
8be necessary or convenient to accomplish any purpose authorized
9by this Act.
10 (g) The Foundation has the authority to receive and accept
11any and all grants, loans, subsidies, matching funds,
12reimbursements, federal grant moneys, fees for services, and
13other things of value from the federal or State government or
14any agency of any other state or from any institution, person,
15firm, or corporation, public or private, to be used to carry
16out the purposes of this Act.
17(Source: P.A. 98-351, eff. 8-15-13; 99-281, eff. 8-5-15.)
18 Section 905-55. The Clerks of Courts Act is amended by
19changing Sections 27.2b and 27.3 and by adding Sections 27.1b
20and 27.3b-1 as follows:
21 (705 ILCS 105/27.1b new)
22 Sec. 27.1b. Circuit court clerk fees. Notwithstanding any
23other provision of law, all fees charged by the clerks of the
24circuit court for the services described in this Section shall

HB4594 Enrolled- 102 -LRB100 17151 MRW 32305 b
1be established, collected, and disbursed in accordance with
2this Section. All fees under this Section shall be paid in
3advance and disbursed by each clerk on a monthly basis. Unless
4otherwise specified in this Section, the amount of a fee shall
5be determined by ordinance or resolution of the county board
6and remitted to the county treasurer to be used for purposes
7related to the operation of the court system in the county. In
8a county with population of over 3,000,000, any amount retained
9by the clerk of the circuit court or remitted to the county
10treasurer shall be subject to appropriation by the county
11board.
12 (a) Civil cases. The fee for filing a complaint, petition,
13or other pleading initiating a civil action shall be as set
14forth in the applicable schedule under this subsection in
15accordance with case categories established by the Supreme
16Court in schedules.
17 (1) SCHEDULE 1: not to exceed a total of $366 in a
18 county with a population of 3,000,000 or more and $316 in
19 any other county, except as applied to units of local
20 government and school districts in counties with more than
21 3,000,000 inhabitants an amount not to exceed $190 through
22 December 31, 2021 and $184 on and after January 1, 2022.
23 The fees collected under this schedule shall be disbursed
24 as follows:
25 (A) The clerk shall retain a sum, in an amount not
26 to exceed $55 in a county with a population of

HB4594 Enrolled- 103 -LRB100 17151 MRW 32305 b
1 3,000,000 or more and $45 in any other county
2 determined by the clerk with the approval of the
3 Supreme Court, to be used for court automation, court
4 document storage, and administrative purposes.
5 (B) The clerk shall remit up to $21 to the State
6 Treasurer. The State Treasurer shall deposit the
7 appropriate amounts, in accordance with the clerk's
8 instructions, as follows:
9 (i) up to $10, as specified by the Supreme
10 Court in accordance with Part 10A of Article II of
11 the Code of Civil Procedure, into the Mandatory
12 Arbitration Fund;
13 (ii) $2 into the Access to Justice Fund; and
14 (iii) $9 into the Supreme Court Special
15 Purposes Fund.
16 (C) The clerk shall remit a sum to the County
17 Treasurer, in an amount not to exceed $290 in a county
18 with a population of 3,000,000 or more and in an amount
19 not to exceed $250 in any other county, as specified by
20 ordinance or resolution passed by the county board, for
21 purposes related to the operation of the court system
22 in the county.
23 (2) SCHEDULE 2: not to exceed a total of $357 in a
24 county with a population of 3,000,000 or more and $266 in
25 any other county, except as applied to units of local
26 government and school districts in counties with more than

HB4594 Enrolled- 104 -LRB100 17151 MRW 32305 b
1 3,000,000 inhabitants an amount not to exceed $190 through
2 December 31, 2021 and $184 on and after January 1, 2022.
3 The fees collected under this schedule shall be disbursed
4 as follows:
5 (A) The clerk shall retain a sum, in an amount not
6 to exceed $55 in a county with a population of
7 3,000,000 or more and $45 in any other county
8 determined by the clerk with the approval of the
9 Supreme Court, to be used for court automation, court
10 document storage, and administrative purposes.
11 (B) The clerk shall remit up to $21 to the State
12 Treasurer. The State Treasurer shall deposit the
13 appropriate amounts, in accordance with the clerk's
14 instructions, as follows:
15 (i) up to $10, as specified by the Supreme
16 Court in accordance with Part 10A of Article II of
17 the Code of Civil Procedure, into the Mandatory
18 Arbitration Fund;
19 (ii) $2 into the Access to Justice Fund: and
20 (iii) $9 into the Supreme Court Special
21 Purposes Fund.
22 (C) The clerk shall remit a sum to the County
23 Treasurer, in an amount not to exceed $281 in a county
24 with a population of 3,000,000 or more and in an amount
25 not to exceed $200 in any other county, as specified by
26 ordinance or resolution passed by the county board, for

HB4594 Enrolled- 105 -LRB100 17151 MRW 32305 b
1 purposes related to the operation of the court system
2 in the county.
3 (3) SCHEDULE 3: not to exceed a total of $265 in a
4 county with a population of 3,000,000 or more and $89 in
5 any other county, except as applied to units of local
6 government and school districts in counties with more than
7 3,000,000 inhabitants an amount not to exceed $190 through
8 December 31, 2021 and $184 on and after January 1, 2022.
9 The fees collected under this schedule shall be disbursed
10 as follows:
11 (A) The clerk shall retain a sum, in an amount not
12 to exceed $55 in a county with a population of
13 3,000,000 or more and $22 in any other county
14 determined by the clerk with the approval of the
15 Supreme Court, to be used for court automation, court
16 document storage, and administrative purposes.
17 (B) The clerk shall remit $11 to the State
18 Treasurer. The State Treasurer shall deposit the
19 appropriate amounts in accordance with the clerk's
20 instructions, as follows:
21 (i) $2 into the Access to Justice Fund; and
22 (ii) $9 into the Supreme Court Special
23 Purposes Fund.
24 (C) The clerk shall remit a sum to the County
25 Treasurer, in an amount not to exceed $199 in a county
26 with a population of 3,000,000 or more and in an amount

HB4594 Enrolled- 106 -LRB100 17151 MRW 32305 b
1 not to exceed $56 in any other county, as specified by
2 ordinance or resolution passed by the county board, for
3 purposes related to the operation of the court system
4 in the county.
5 (4) SCHEDULE 4: $0.
6 (b) Appearance. The fee for filing an appearance in a civil
7action, including a cannabis civil law action under the
8Cannabis Control Act, shall be as set forth in the applicable
9schedule under this subsection in accordance with case
10categories established by the Supreme Court in schedules.
11 (1) SCHEDULE 1: not to exceed a total of $230 in a
12 county with a population of 3,000,000 or more and $191 in
13 any other county, except as applied to units of local
14 government and school districts in counties with more than
15 3,000,000 inhabitants an amount not to exceed $75. The fees
16 collected under this schedule shall be disbursed as
17 follows:
18 (A) The clerk shall retain a sum, in an amount not
19 to exceed $50 in a county with a population of
20 3,000,000 or more and $45 in any other county
21 determined by the clerk with the approval of the
22 Supreme Court, to be used for court automation, court
23 document storage, and administrative purposes.
24 (B) The clerk shall remit up to $21 to the State
25 Treasurer. The State Treasurer shall deposit the
26 appropriate amounts, in accordance with the clerk's

HB4594 Enrolled- 107 -LRB100 17151 MRW 32305 b
1 instructions, as follows:
2 (i) up to $10, as specified by the Supreme
3 Court in accordance with Part 10A of Article II of
4 the Code of Civil Procedure, into the Mandatory
5 Arbitration Fund;
6 (ii) $2 into the Access to Justice Fund; and
7 (iii) $9 into the Supreme Court Special
8 Purposes Fund.
9 (C) The clerk shall remit a sum to the County
10 Treasurer, in an amount not to exceed $159 in a county
11 with a population of 3,000,000 or more and in an amount
12 not to exceed $125 in any other county, as specified by
13 ordinance or resolution passed by the county board, for
14 purposes related to the operation of the court system
15 in the county.
16 (2) SCHEDULE 2: not to exceed a total of $130 in a
17 county with a population of 3,000,000 or more and $109 in
18 any other county, except as applied to units of local
19 government and school districts in counties with more than
20 3,000,000 inhabitants an amount not to exceed $75. The fees
21 collected under this schedule shall be disbursed as
22 follows:
23 (A) The clerk shall retain a sum, in an amount not
24 to exceed $50 in a county with a population of
25 3,000,000 or more and $10 in any other county
26 determined by the clerk with the approval of the

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1 Supreme Court, to be used for court automation, court
2 document storage, and administrative purposes.
3 (B) The clerk shall remit $9 to the State
4 Treasurer, which the State Treasurer shall deposit
5 into the Supreme Court Special Purpose Fund.
6 (C) The clerk shall remit a sum to the County
7 Treasurer, in an amount not to exceed $71 in a county
8 with a population of 3,000,000 or more and in an amount
9 not to exceed $90 in any other county, as specified by
10 ordinance or resolution passed by the county board, for
11 purposes related to the operation of the court system
12 in the county.
13 (3) SCHEDULE 3: $0.
14 (b-5) Kane County and Will County. In Kane County and Will
15County civil cases, there is an additional fee of up to $30 as
16set by the county board under Section 5-1101.3 of the Counties
17Code to be paid by each party at the time of filing the first
18pleading, paper, or other appearance; provided that no
19additional fee shall be required if more than one party is
20represented in a single pleading, paper, or other appearance.
21Distribution of fees collected under this subsection (b-5)
22shall be as provided in Section 5-1101.3 of the Counties Code.
23 (c) Counterclaim or third party complaint. When any
24defendant files a counterclaim or third party complaint, as
25part of the defendant's answer or otherwise, the defendant
26shall pay a filing fee for each counterclaim or third party

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1complaint in an amount equal to the filing fee the defendant
2would have had to pay had the defendant brought a separate
3action for the relief sought in the counterclaim or third party
4complaint, less the amount of the appearance fee, if any, that
5the defendant has already paid in the action in which the
6counterclaim or third party complaint is filed.
7 (d) Alias summons. The clerk shall collect a fee not to
8exceed $6 in a county with a population of 3,000,000 or more
9and $5 in any other county for each alias summons or citation
10issued by the clerk, except as applied to units of local
11government and school districts in counties with more than
123,000,000 inhabitants an amount not to exceed $5 for each alias
13summons or citation issued by the clerk.
14 (e) Jury services. The clerk shall collect, in addition to
15other fees allowed by law, a sum not to exceed $212.50, as a
16fee for the services of a jury in every civil action not
17quasi-criminal in its nature and not a proceeding for the
18exercise of the right of eminent domain and in every other
19action wherein the right of trial by jury is or may be given by
20law. The jury fee shall be paid by the party demanding a jury
21at the time of filing the jury demand. If the fee is not paid by
22either party, no jury shall be called in the action or
23proceeding, and the action or proceeding shall be tried by the
24court without a jury.
25 (f) Change of venue. In connection with a change of venue:
26 (1) The clerk of the jurisdiction from which the case

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1 is transferred may charge a fee, not to exceed $40, for the
2 preparation and certification of the record; and
3 (2) The clerk of the jurisdiction to which the case is
4 transferred may charge the same filing fee as if it were
5 the commencement of a new suit.
6 (g) Petition to vacate or modify.
7 (1) In a proceeding involving a petition to vacate or
8 modify any final judgment or order filed within 30 days
9 after the judgment or order was entered, except for a
10 forcible entry and detainer case, small claims case,
11 petition to reopen an estate, petition to modify,
12 terminate, or enforce a judgment or order for child or
13 spousal support, or petition to modify, suspend, or
14 terminate an order for withholding, the fee shall not
15 exceed $60 in a county with a population of 3,000,000 or
16 more and $50 in any other county, except as applied to
17 units of local government and school districts in counties
18 with more than 3,000,000 inhabitants an amount not to
19 exceed $50.
20 (2) In a proceeding involving a petition to vacate or
21 modify any final judgment or order filed more than 30 days
22 after the judgment or order was entered, except for a
23 petition to modify, terminate, or enforce a judgment or
24 order for child or spousal support, or petition to modify,
25 suspend, or terminate an order for withholding, the fee
26 shall not exceed $75.

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1 (3) In a proceeding involving a motion to vacate or
2 amend a final order, motion to vacate an ex parte judgment,
3 judgment of forfeiture, or "failure to appear" or "failure
4 to comply" notices sent to the Secretary of State, the fee
5 shall equal $40.
6 (h) Appeals preparation. The fee for preparation of a
7record on appeal shall be based on the number of pages, as
8follows:
9 (1) if the record contains no more than 100 pages, the
10 fee shall not exceed $70 in a county with a population of
11 3,000,000 or more and $50 in any other county;
12 (2) if the record contains between 100 and 200 pages,
13 the fee shall not exceed $100; and
14 (3) if the record contains 200 or more pages, the clerk
15 may collect an additional fee not to exceed 25 cents per
16 page.
17 (i) Remands. In any cases remanded to the circuit court
18from the Supreme Court or the appellate court for a new trial,
19the clerk shall reinstate the case with either its original
20number or a new number. The clerk shall not charge any new or
21additional fee for the reinstatement. Upon reinstatement, the
22clerk shall advise the parties of the reinstatement. Parties
23shall have the same right to a jury trial on remand and
24reinstatement that they had before the appeal, and no
25additional or new fee or charge shall be made for a jury trial
26after remand.

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1 (j) Garnishment, wage deduction, and citation. In
2garnishment affidavit, wage deduction affidavit, and citation
3petition proceedings:
4 (1) if the amount in controversy in the proceeding is
5 not more than $1,000, the fee may not exceed $35 in a
6 county with a population of 3,000,000 or more and $15 in
7 any other county, except as applied to units of local
8 government and school districts in counties with more than
9 3,000,000 inhabitants an amount not to exceed $15;
10 (2) if the amount in controversy in the proceeding is
11 greater than $1,000 and not more than $5,000, the fee may
12 not exceed $45 in a county with a population of 3,000,000
13 or more and $30 in any other county, except as applied to
14 units of local government and school districts in counties
15 with more than 3,000,000 inhabitants an amount not to
16 exceed $30; and
17 (3) if the amount in controversy in the proceeding is
18 greater than $5,000, the fee may not exceed $65 in a county
19 with a population of 3,000,000 or more and $50 in any other
20 county, except as applied to units of local government and
21 school districts in counties with more than 3,000,000
22 inhabitants an amount not to exceed $50.
23 (k) Collections.
24 (1) For all collections made of others, except the
25 State and county and except in maintenance or child support
26 cases, the clerk may collect a fee of up to 2.5% of the

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1 amount collected and turned over.
2 (2) In child support and maintenance cases, the clerk
3 may collect an annual fee of up to $36 from the person
4 making payment for maintaining child support records and
5 the processing of support orders to the State of Illinois
6 KIDS system and the recording of payments issued by the
7 State Disbursement Unit for the official record of the
8 Court. This fee is in addition to and separate from amounts
9 ordered to be paid as maintenance or child support and
10 shall be deposited into a Separate Maintenance and Child
11 Support Collection Fund, of which the clerk shall be the
12 custodian, ex officio, to be used by the clerk to maintain
13 child support orders and record all payments issued by the
14 State Disbursement Unit for the official record of the
15 Court. The clerk may recover from the person making the
16 maintenance or child support payment any additional cost
17 incurred in the collection of this annual fee.
18 (3) The clerk may collect a fee of $5 for
19 certifications made to the Secretary of State as provided
20 in Section 7-703 of the Family Financial Responsibility Law
21 and these fees shall be deposited into the Separate
22 Maintenance and Child Support Collection Fund.
23 (4) In proceedings to foreclose the lien of delinquent
24 real estate taxes State's Attorneys shall receive a fee of
25 10% of the total amount realized from the sale of real
26 estate sold in the proceedings. The clerk shall collect the

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1 fee from the total amount realized from the sale of the
2 real estate sold in the proceedings and remit to the County
3 Treasurer to be credited to the earnings of the Office of
4 State's Attorney.
5 (l) Mailing. The fee for the clerk mailing documents shall
6not exceed $10 plus the cost of postage.
7 (m) Certified copies. The fee for each certified copy of a
8judgment, after the first copy, shall not exceed $10.
9 (n) Certification, authentication, and reproduction.
10 (1) The fee for each certification or authentication
11 for taking the acknowledgment of a deed or other instrument
12 in writing with the seal of office shall not exceed $6.
13 (2) The fee for reproduction of any document contained
14 in the clerk's files shall not exceed:
15 (A) $2 for the first page;
16 (B) 50 cents per page for the next 19 pages; and
17 (C) 25 cents per page for all additional pages.
18 (o) Record search. For each record search, within a
19division or municipal district, the clerk may collect a search
20fee not to exceed $6 for each year searched.
21 (p) Hard copy. For each page of hard copy print output,
22when case records are maintained on an automated medium, the
23clerk may collect a fee not to exceed $10 in a county with a
24population of 3,000,000 or more and $6 in any other county,
25except as applied to units of local government and school
26districts in counties with more than 3,000,000 inhabitants an

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1amount not to exceed $6.
2 (q) Index inquiry and other records. No fee shall be
3charged for a single plaintiff and defendant index inquiry or
4single case record inquiry when this request is made in person
5and the records are maintained in a current automated medium,
6and when no hard copy print output is requested. The fees to be
7charged for management records, multiple case records, and
8multiple journal records may be specified by the Chief Judge
9pursuant to the guidelines for access and dissemination of
10information approved by the Supreme Court.
11 (r) Performing a marriage. There shall be a $10 fee for
12performing a marriage in court.
13 (s) Voluntary assignment. For filing each deed of voluntary
14assignment, the clerk shall collect a fee not to exceed $20.
15For recording a deed of voluntary assignment, the clerk shall
16collect a fee not to exceed 50 cents for each 100 words.
17Exceptions filed to claims presented to an assignee of a debtor
18who has made a voluntary assignment for the benefit of
19creditors shall be considered and treated, for the purpose of
20taxing costs therein, as actions in which the party or parties
21filing the exceptions shall be considered as party or parties
22plaintiff, and the claimant or claimants as party or parties
23defendant, and those parties respectively shall pay to the
24clerk the same fees as provided by this Section to be paid in
25other actions.
26 (t) Expungement petition. The clerk may collect a fee not

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1to exceed $60 for each expungement petition filed and an
2additional fee not to exceed $4 for each certified copy of an
3order to expunge arrest records.
4 (u) Transcripts of judgment. For the filing of a transcript
5of judgment, the clerk may collect the same fee as if it were
6the commencement of a new suit.
7 (v) Probate filings.
8 (1) For each account (other than one final account)
9 filed in the estate of a decedent, or ward, the fee shall
10 not exceed $25.
11 (2) For filing a claim in an estate when the amount
12 claimed is greater than $150 and not more than $500, the
13 fee shall not exceed $40 in a county with a population of
14 3,000,000 or more and $25 in any other county; when the
15 amount claimed is greater than $500 and not more than
16 $10,000, the fee shall not exceed $55 in a county with a
17 population of 3,000,000 or more and $40 in any other
18 county; and when the amount claimed is more than $10,000,
19 the fee shall not exceed $75 in a county with a population
20 of 3,000,000 or more and $60 in any other county; except
21 the court in allowing a claim may add to the amount allowed
22 the filing fee paid by the claimant.
23 (3) For filing in an estate a claim, petition, or
24 supplemental proceeding based upon an action seeking
25 equitable relief including the construction or contest of a
26 will, enforcement of a contract to make a will, and

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1 proceedings involving testamentary trusts or the
2 appointment of testamentary trustees, the fee shall not
3 exceed $60.
4 (4) There shall be no fee for filing in an estate: (i)
5 the appearance of any person for the purpose of consent; or
6 (ii) the appearance of an executor, administrator,
7 administrator to collect, guardian, guardian ad litem, or
8 special administrator.
9 (5) For each jury demand, the fee shall not exceed
10 $137.50.
11 (6) For each certified copy of letters of office, of
12 court order, or other certification, the fee shall not
13 exceed $2 per page.
14 (7) For each exemplification, the fee shall not exceed
15 $2, plus the fee for certification.
16 (8) The executor, administrator, guardian, petitioner,
17 or other interested person or his or her attorney shall pay
18 the cost of publication by the clerk directly to the
19 newspaper.
20 (9) The person on whose behalf a charge is incurred for
21 witness, court reporter, appraiser, or other miscellaneous
22 fees shall pay the same directly to the person entitled
23 thereto.
24 (10) The executor, administrator, guardian,
25 petitioner, or other interested person or his or her
26 attorney shall pay to the clerk all postage charges

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1 incurred by the clerk in mailing petitions, orders,
2 notices, or other documents pursuant to the provisions of
3 the Probate Act of 1975.
4 (w) Corrections of numbers. For correction of the case
5number, case title, or attorney computer identification
6number, if required by rule of court, on any document filed in
7the clerk's office, to be charged against the party that filed
8the document, the fee shall not exceed $25.
9 (x) Miscellaneous.
10 (1) Interest earned on any fees collected by the clerk
11 shall be turned over to the county general fund as an
12 earning of the office.
13 (2) For any check, draft, or other bank instrument
14 returned to the clerk for non-sufficient funds, account
15 closed, or payment stopped, the clerk shall collect a fee
16 of $25.
17 (y) Other fees. The clerk of the circuit court may provide
18services in connection with the operation of the clerk's
19office, other than those services mentioned in this Section, as
20may be requested by the public and agreed to by the clerk and
21approved by the Chief Judge. Any charges for additional
22services shall be as agreed to between the clerk and the party
23making the request and approved by the Chief Judge. Nothing in
24this subsection shall be construed to require any clerk to
25provide any service not otherwise required by law.
26 (y-5) Unpaid fees. Unless a court ordered payment schedule

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1is implemented or the fee requirements of this Section are
2waived under a court order, the clerk of the circuit court may
3add to any unpaid fees and costs under this Section a
4delinquency amount equal to 5% of the unpaid fees that remain
5unpaid after 30 days, 10% of the unpaid fees that remain unpaid
6after 60 days, and 15% of the unpaid fees that remain unpaid
7after 90 days. Notice to those parties may be made by signage
8posting or publication. The additional delinquency amounts
9collected under this Section shall be used to defray additional
10administrative costs incurred by the clerk of the circuit court
11in collecting unpaid fees and costs.
12 (z) Exceptions.
13 (1) No fee authorized by this Section shall apply to:
14 (A) police departments or other law enforcement
15 agencies. In this Section, "law enforcement agency"
16 means: an agency of the State or a unit of local
17 government which is vested by law or ordinance with the
18 duty to maintain public order and to enforce criminal
19 laws or ordinances; the Attorney General; or any
20 State's Attorney;
21 (A-5) any unit of local government or school
22 district in counties having a population of 500,000 or
23 less and the county board in counties having a
24 population exceeding 500,000 may by resolution set
25 reduced fees for units of local government or school
26 districts;

HB4594 Enrolled- 120 -LRB100 17151 MRW 32305 b
1 (B) any action instituted by the corporate
2 authority of a municipality with more than 1,000,000
3 inhabitants under Section 11-31-1 of the Illinois
4 Municipal Code and any action instituted under
5 subsection (b) of Section 11-31-1 of the Illinois
6 Municipal Code by a private owner or tenant of real
7 property within 1,200 feet of a dangerous or unsafe
8 building seeking an order compelling the owner or
9 owners of the building to take any of the actions
10 authorized under that subsection;
11 (C) any commitment petition or petition for an
12 order authorizing the administration of psychotropic
13 medication or electroconvulsive therapy under the
14 Mental Health and Developmental Disabilities Code;
15 (D) a petitioner in any order of protection
16 proceeding, including, but not limited to, fees for
17 filing, modifying, withdrawing, certifying, or
18 photocopying petitions for orders of protection,
19 issuing alias summons, any related filing service, or
20 certifying, modifying, vacating, or photocopying any
21 orders of protection; or
22 (E) proceedings for the appointment of a
23 confidential intermediary under the Adoption Act.
24 (2) No fee other than the filing fee contained in the
25 applicable schedule in subsection (a) shall be charged to
26 any person in connection with an adoption proceeding.

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1 (3) Upon good cause shown, the court may waive any fees
2 associated with a special needs adoption. The term "special
3 needs adoption" has the meaning provided by the Illinois
4 Department of Children and Family Services.
5 (aa) This Section is repealed on December 31, 2019.
6 (705 ILCS 105/27.2b)
7 Sec. 27.2b. State income tax refund intercept. The Clerk
8of the Circuit Court may enter into an agreement with the
9Illinois Department of Revenue to establish a pilot program for
10the purpose of collecting certain balances owed fees. The
11purpose shall be to intercept, in whole or in part, State
12income tax refunds due the persons who owe past due fees to the
13Clerk of the Circuit Court in order to satisfy unpaid
14assessments under the Criminal and Traffic Assessment Act and
15fines as ordered by the court fees pursuant to the fee
16requirements of Sections 27.1a, 27.2, and 27.2a of this Act.
17The agreement shall include, but may not be limited to, a
18certification by the Clerk of the Circuit Court that the debt
19claims forwarded to the Department of Revenue are valid and
20that reasonable efforts have been made to notify persons of the
21delinquency of the debt. The agreement shall include provisions
22for payment of the intercept by the Department of Revenue to
23the Clerk of the Circuit Court and procedures for an
24appeal/protest by the debtor when an intercept occurs. The
25agreement may also include provisions to allow the Department

HB4594 Enrolled- 122 -LRB100 17151 MRW 32305 b
1of Revenue to recover its cost for administering the program.
2 Intercepts made pursuant to this Section shall not
3interfere with the collection of debts related to child
4support. During the collection of debts under this Section,
5when there are 2 or more debt claims certified to the
6Department at the same time, priority of collection shall be as
7provided in Section 911.3 of the Illinois Income Tax Act.
8(Source: P.A. 93-836, eff. 1-1-05.)
9 (705 ILCS 105/27.3) (from Ch. 25, par. 27.3)
10 Sec. 27.3. Compensation.
11 (a) The county board shall provide the compensation of
12Clerks of the Circuit Court, and the amount necessary for clerk
13hire, stationery, fuel and other expenses. Beginning December
141, 1989, the compensation per annum for Clerks of the Circuit
15Court shall be as follows:
16 In counties where the population is:
17Less than 14,000.......................at least $13,500
1814,001-30,000..........................at least $14,500
1930,001-60,000..........................at least $15,000
2060,001-100,000.........................at least $15,000
21100,001-200,000........................at least $16,500
22200,001-300,000........................at least $18,000
23300,001- 3,000,000.....................at least $20,000
24Over 3,000,000.........................at least $55,000
25 (b) In counties in which the population is 3,000,000 or

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1less, "base salary" is the compensation paid for each Clerk of
2the Circuit Court, respectively, before July 1, 1989.
3 (c) The Clerks of the Circuit Court, in counties in which
4the population is 3,000,000 or less, shall be compensated as
5follows:
6 (1) Beginning December 1, 1989, base salary plus at
7 least 3% of base salary.
8 (2) Beginning December 1, 1990, base salary plus at
9 least 6% of base salary.
10 (3) Beginning December 1, 1991, base salary plus at
11 least 9% of base salary.
12 (4) Beginning December 1, 1992, base salary plus at
13 least 12% of base salary.
14 (d) In addition to the compensation provided by the county
15board, each Clerk of the Circuit Court shall receive an award
16from the State for the additional duties imposed by Sections
175-9-1 and 5-9-1.2 of the Unified Code of Corrections, Section
1810 of the Violent Crime Victims Assistance Act, Section 16-104a
19of the Illinois Vehicle Code, and other laws, in the following
20amount:
21 (1) $3,500 per year before January 1, 1997.
22 (2) $4,500 per year beginning January 1, 1997.
23 (3) $5,500 per year beginning January 1, 1998.
24 (4) $6,500 per year beginning January 1, 1999.
25The total amount required for such awards shall be appropriated
26each year by the General Assembly to the Supreme Court, which

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1shall distribute such awards in annual lump sum payments to the
2Clerks of the Circuit Court in all counties. This annual award,
3and any other award or stipend paid out of State funds to the
4Clerks of the Circuit Court, shall not affect any other
5compensation provided by law to be paid to Clerks of the
6Circuit Court.
7 (e) (Blank).
8 (f) No county board may reduce or otherwise impair the
9compensation payable from county funds to a Clerk of the
10Circuit Court if the reduction or impairment is the result of
11the Clerk of the Circuit Court receiving an award or stipend
12payable from State funds.
13(Source: P.A. 98-24, eff. 6-19-13.)
14 (705 ILCS 105/27.3b-1 new)
15 Sec. 27.3b-1. Minimum fines; disbursement of fines.
16 (a) Unless otherwise specified by law, the minimum fine for
17a conviction or supervision disposition on a minor traffic
18offense is $25 and the minimum fine for a conviction,
19supervision disposition, or violation based upon a plea of
20guilty or finding of guilt for any other offense is $75. If the
21court finds that the fine would impose an undue burden on the
22victim, the court may reduce or waive the fine. In this
23subsection (a), "victim" shall not be construed to include the
24defendant.
25 (b) Unless otherwise specified by law, all fines imposed on

HB4594 Enrolled- 125 -LRB100 17151 MRW 32305 b
1a misdemeanor offense, other than a traffic, conservation, or
2driving under the influence offense, or on a felony offense
3shall be disbursed within 60 days after receipt by the circuit
4clerk to the county treasurer for deposit into the county's
5General Fund. Unless otherwise specified by law, all fines
6imposed on an ordinance offense or a misdemeanor traffic,
7misdemeanor conservation, or misdemeanor driving under the
8influence offense shall be disbursed within 60 days after
9receipt by the circuit clerk to the treasurer of the unit of
10government of the arresting agency. If the arresting agency is
11the office of the sheriff, the county treasurer shall deposit
12the portion into a fund to support the law enforcement
13operations of the office of the sheriff. If the arresting
14agency is a State agency, the State Treasurer shall deposit the
15portion as follows:
16 (1) if the arresting agency is the Department of State
17 Police, into the State Police Law Enforcement
18 Administration Fund;
19 (2) if the arresting agency is the Department of
20 Natural Resources, into the Conservation Police Operations
21 Assistance Fund;
22 (3) if the arresting agency is the Secretary of State,
23 into the Secretary of State Police Services Fund; and
24 (4) if the arresting agency is the Illinois Commerce
25 Commission, into the Public Utility Fund.

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1 (705 ILCS 105/27.1a rep.)
2 (705 ILCS 105/27.2 rep.)
3 (705 ILCS 105/27.2a rep.)
4 (705 ILCS 105/27.3a rep.)
5 (705 ILCS 105/27.3c rep.)
6 (705 ILCS 105/27.3e rep.)
7 (705 ILCS 105/27.3g rep.)
8 (705 ILCS 105/27.4 rep.)
9 (705 ILCS 105/27.5 rep.)
10 (705 ILCS 105/27.6 rep.)
11 (705 ILCS 105/27.7 rep.)
12 Section 905-57. The Clerks of Courts Act is amended by
13repealing Sections 27.1a, 27.2, 27.2a, 27.3a, 27.3c, 27.3e,
1427.3g, 27.4, 27.5, 27.6, and 27.7.
15 Section 905-60. The Juvenile Court Act of 1987 is amended
16by changing Section 5-915 as follows:
17 (705 ILCS 405/5-915)
18 Sec. 5-915. Expungement of juvenile law enforcement and
19court records.
20 (0.05) For purposes of this Section:
21 "Dissemination" or "disseminate" means to publish,
22 produce, print, manufacture, distribute, sell, lease,
23 exhibit, broadcast, display, transmit, or otherwise share
24 information in any format so as to make the information

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1 accessible to others.
2 "Expunge" means to physically destroy the records and
3 to obliterate the minor's name and juvenile court records
4 from any official index, public record, or electronic
5 database. No evidence of the juvenile court records may be
6 retained by any law enforcement agency, the juvenile court,
7 or by any municipal, county, or State agency or department.
8 Nothing in this Act shall require the physical destruction
9 of the internal office records, files, or databases
10 maintained by a State's Attorney's Office or other
11 prosecutor or by the Office of the Secretary of State.
12 "Juvenile court record" includes, but is not limited
13 to:
14 (a) all documents filed in or maintained by the
15 juvenile court pertaining to a specific incident,
16 proceeding, or individual;
17 (b) all documents relating to a specific incident,
18 proceeding, or individual made available to or maintained
19 by probation officers;
20 (c) all documents, video or audio tapes,
21 photographs, and exhibits admitted into evidence at
22 juvenile court hearings; or
23 (d) all documents, transcripts, records, reports
24 or other evidence prepared by, maintained by, or released
25 by any municipal, county, or State state agency or
26 department, in any format, if indicating involvement with

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1 the juvenile court relating to a specific incident,
2 proceeding, or individual.
3 "Law enforcement record" includes, but is not limited
4 to, records of arrest, station adjustments, fingerprints,
5 probation adjustments, the issuance of a notice to appear,
6 or any other records or documents maintained by any law
7 enforcement agency relating to a minor suspected of
8 committing an offense or evidence of interaction with law
9 enforcement.
10 (0.1) (a) The Department of State Police and all law
11enforcement agencies within the State shall automatically
12expunge, on or before January 1 of each year, all law
13enforcement records relating to events occurring before an
14individual's 18th birthday if:
15 (1) one year or more has elapsed since the date of the
16 arrest or law enforcement interaction documented in the
17 records;
18 (2) no petition for delinquency or criminal charges
19 were filed with the clerk of the circuit court relating to
20 the arrest or law enforcement interaction documented in the
21 records; and
22 (3) 6 months have elapsed without an additional
23 subsequent arrest or filing of a petition for delinquency
24 or criminal charges whether related or not to the arrest or
25 law enforcement interaction documented in the records.
26 (b) If the law enforcement agency is unable to verify

HB4594 Enrolled- 129 -LRB100 17151 MRW 32305 b
1satisfaction of conditions (2) and (3) of this subsection
2(0.1), records that satisfy condition (1) of this subsection
3(0.1) shall be automatically expunged if the records relate to
4an offense that if committed by an adult would not be an
5offense classified as Class 2 felony or higher, an offense
6under Article 11 of the Criminal Code of 1961 or Criminal Code
7of 2012, or an offense under Section 12-13, 12-14, 12-14.1,
812-15, or 12-16 of the Criminal Code of 1961.
9 (0.2) (a) Upon dismissal of a petition alleging delinquency
10or upon a finding of not delinquent, the successful termination
11of an order of supervision, or an adjudication for an offense
12which would be a Class B misdemeanor, Class C misdemeanor, or a
13petty or business offense if committed by an adult, the court
14shall automatically order the expungement of the juvenile court
15and law enforcement records within 60 business days.
16 (b) If the chief law enforcement officer of the agency, or
17his or her designee, certifies in writing that certain
18information is needed for a pending investigation involving the
19commission of a felony, that information, and information
20identifying the juvenile, may be retained in an intelligence
21file until the investigation is terminated or for one
22additional year, whichever is sooner. Retention of a portion of
23a juvenile's law enforcement record does not disqualify the
24remainder of his or her record from immediate automatic
25expungement.
26 (0.3) (a) Upon an adjudication of delinquency based on any

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1offense except a disqualified offense, the juvenile court shall
2automatically order the expungement of the juvenile records 2
3years after the juvenile's case was closed if no delinquency or
4criminal proceeding is pending and the person has had no
5subsequent delinquency adjudication or criminal conviction.
6The court shall automatically order the expungement of the
7juvenile court and law enforcement records within 60 business
8days. For the purposes of this subsection (0.3), "disqualified
9offense" means any of the following offenses: Section 8-1.2,
109-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1,
1110-4, 10-5, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
1211-6, 11-6.5, 12-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2,
1312-6.5, 12-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5,
1418-1, 18-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2,
1524-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9,
1629D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal
17Code of 2012, or subsection (b) of Section 8-1, paragraph (4)
18of subsection (a) of Section 11-14.4, subsection (a-5) of
19Section 12-3.1, paragraph (1), (2), or (3) of subsection (a) of
20Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3,
21paragraph (1) or (2) of subsection (a) of Section 12-7.4,
22subparagraph (i) of paragraph (1) of subsection (a) of Section
2312-9, subparagraph (H) of paragraph (3) of subsection (a) of
24Section 24-1.6, paragraph (1) of subsection (a) of Section
2525-1, or subsection (a-7) of Section 31-1 of the Criminal Code
26of 2012.

HB4594 Enrolled- 131 -LRB100 17151 MRW 32305 b
1 (b) If the chief law enforcement officer of the agency, or
2his or her designee, certifies in writing that certain
3information is needed for a pending investigation involving the
4commission of a felony, that information, and information
5identifying the juvenile, may be retained in an intelligence
6file until the investigation is terminated or for one
7additional year, whichever is sooner. Retention of a portion of
8a juvenile's law enforcement record does not disqualify the
9remainder of his or her record from immediate automatic
10expungement.
11 (1) Nothing in this subsection (1) precludes an eligible
12minor from obtaining expungement under subsection subsections
13(0.1), (0.2), or (0.3). Whenever a person has been arrested,
14charged, or adjudicated delinquent for an incident occurring
15before his or her 18th birthday that if committed by an adult
16would be an offense, and that person's records are not eligible
17for automatic expungement under subsection subsections (0.1),
18(0.2), or (0.3), the person may petition the court at any time
19for expungement of law enforcement records and juvenile court
20records relating to the incident and, upon termination of all
21juvenile court proceedings relating to that incident, the court
22shall order the expungement of all records in the possession of
23the Department of State Police, the clerk of the circuit court,
24and law enforcement agencies relating to the incident, but only
25in any of the following circumstances:
26 (a) the minor was arrested and no petition for

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1 delinquency was filed with the clerk of the circuit court;
2 (a-5) the minor was charged with an offense and the
3 petition or petitions were dismissed without a finding of
4 delinquency;
5 (b) the minor was charged with an offense and was found
6 not delinquent of that offense;
7 (c) the minor was placed under supervision pursuant to
8 Section 5-615, and the order of supervision has since been
9 successfully terminated; or
10 (d) the minor was adjudicated for an offense which
11 would be a Class B misdemeanor, Class C misdemeanor, or a
12 petty or business offense if committed by an adult.
13 (1.5) January 1, 2015 (Public Act 98-637) The Department of
14State Police shall allow a person to use the Access and Review
15process, established in the Department of State Police, for
16verifying that his or her law enforcement records relating to
17incidents occurring before his or her 18th birthday eligible
18under this Act have been expunged.
19 (1.6) (Blank). January 1, 2015 (Public Act 98-637) January
201, 2015 (Public Act 98-637)
21 (1.7) (Blank).
22 (1.8) (Blank).
23 (2) Any person whose delinquency adjudications are not
24eligible for automatic expungement under subsection (0.3) of
25this Section may petition the court to expunge all law
26enforcement records relating to any incidents occurring before

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1his or her 18th birthday which did not result in proceedings in
2criminal court and all juvenile court records with respect to
3any adjudications except those based upon first degree murder
4or an offense under Article 11 of the Criminal Code of 2012 if
5the person is required to register under the Sex Offender
6Registration Act; provided that:
7 (a) (blank); or
8 (b) 2 years have elapsed since all juvenile court
9 proceedings relating to him or her have been terminated and
10 his or her commitment to the Department of Juvenile Justice
11 under this Act has been terminated.
12 (2.5) If a minor is arrested and no petition for
13delinquency is filed with the clerk of the circuit court at the
14time the minor is released from custody, the youth officer, if
15applicable, or other designated person from the arresting
16agency, shall notify verbally and in writing to the minor or
17the minor's parents or guardians that the minor shall have an
18arrest record and shall provide the minor and the minor's
19parents or guardians with an expungement information packet,
20information regarding this State's expungement laws including
21a petition to expunge juvenile records obtained from the clerk
22of the circuit court.
23 (2.6) If a minor is referred to court then at the time of
24sentencing or dismissal of the case, or successful completion
25of supervision, the judge shall inform the delinquent minor of
26his or her rights regarding expungement and the clerk of the

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1circuit court shall provide an expungement information packet
2to the minor, written in plain language, including information
3regarding this State's expungement laws and a petition for
4expungement, a sample of a completed petition, expungement
5instructions that shall include information informing the
6minor that (i) once the case is expunged, it shall be treated
7as if it never occurred, (ii) he or she may apply to have
8petition fees waived, (iii) once he or she obtains an
9expungement, he or she may not be required to disclose that he
10or she had a juvenile record, and (iv) if petitioning he or she
11may file the petition on his or her own or with the assistance
12of an attorney. The failure of the judge to inform the
13delinquent minor of his or her right to petition for
14expungement as provided by law does not create a substantive
15right, nor is that failure grounds for: (i) a reversal of an
16adjudication of delinquency, (ii) a new trial; or (iii) an
17appeal.
18 (2.7) (Blank).
19 (2.8) The petition for expungement for subsection (1) and
20(2) may include multiple offenses on the same petition and
21shall be substantially in the following form:
22
IN THE CIRCUIT COURT OF ......, ILLINOIS
23
........ JUDICIAL CIRCUIT
24IN THE INTEREST OF ) NO.
25 )

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1 )
2...................)
3(Name of Petitioner)
4
PETITION TO EXPUNGE JUVENILE RECORDS
5
(705 ILCS 405/5-915 (SUBSECTION 1 AND 2))
6Now comes ............., petitioner, and respectfully requests
7that this Honorable Court enter an order expunging all juvenile
8law enforcement and court records of petitioner and in support
9thereof states that: Petitioner was arrested on ..... by the
10....... Police Department for the offense or offenses of
11......., and:
12(Check All That Apply:)
13( ) a. no petition or petitions were filed with the Clerk of
14the Circuit Court.
15( ) b. was charged with ...... and was found not delinquent of
16the offense or offenses.
17( ) c. a petition or petitions were filed and the petition or
18petitions were dismissed without a finding of delinquency on
19.....
20( ) d. on ....... placed under supervision pursuant to Section
215-615 of the Juvenile Court Act of 1987 and such order of
22supervision successfully terminated on ........
23( ) e. was adjudicated for the offense or offenses, which would
24have been a Class B misdemeanor, a Class C misdemeanor, or a
25petty offense or business offense if committed by an adult.

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1( ) f. was adjudicated for a Class A misdemeanor or felony,
2except first degree murder or an offense under Article 11 of
3the Criminal Code of 2012 if the person is required to register
4under the Sex Offender Registration Act, and 2 years have
5passed since the case was closed.
6Petitioner .... has .... has not been arrested on charges in
7this or any county other than the charges listed above. If
8petitioner has been arrested on additional charges, please list
9the charges below:
10Charge(s): ......
11Arresting Agency or Agencies: ...........
12Disposition/Result: (choose from a. through f., above): .....
13WHEREFORE, the petitioner respectfully requests this Honorable
14Court to (1) order all law enforcement agencies to expunge all
15records of petitioner to this incident or incidents, and (2) to
16order the Clerk of the Court to expunge all records concerning
17the petitioner regarding this incident or incidents.
18
......................
19
Petitioner (Signature)
20
..........................
21
Petitioner's Street Address
22
.....................
23
City, State, Zip Code

HB4594 Enrolled- 137 -LRB100 17151 MRW 32305 b
1
.............................
2
Petitioner's Telephone Number
3Pursuant to the penalties of perjury under the Code of Civil
4Procedure, 735 ILCS 5/1-109, I hereby certify that the
5statements in this petition are true and correct, or on
6information and belief I believe the same to be true.
7
......................
8
Petitioner (Signature)
9first degree
10 (3) The chief judge of the circuit in which an arrest was
11made or a charge was brought or any judge of that circuit
12designated by the chief judge may, upon verified petition of a
13person who is the subject of an arrest or a juvenile court
14proceeding under subsection (1) or (2) of this Section, order
15the law enforcement records or official court file, or both, to
16be expunged from the official records of the arresting
17authority, the clerk of the circuit court and the Department of
18State Police. The person whose records are to be expunged shall
19petition the court using the appropriate form containing his or
20her current address and shall promptly notify the clerk of the
21circuit court of any change of address. Notice of the petition
22shall be served upon the State's Attorney or prosecutor charged
23with the duty of prosecuting the offense, the Department of

HB4594 Enrolled- 138 -LRB100 17151 MRW 32305 b
1State Police, and the arresting agency or agencies by the clerk
2of the circuit court. If an objection is filed within 45 days
3of the notice of the petition, the clerk of the circuit court
4shall set a date for hearing after the 45-day objection period.
5At the hearing the court shall hear evidence on whether the
6expungement should or should not be granted. Unless the State's
7Attorney or prosecutor, the Department of State Police, or an
8arresting agency objects to the expungement within 45 days of
9the notice, the court may enter an order granting expungement.
10The clerk shall forward a certified copy of the order to the
11Department of State Police and deliver a certified copy of the
12order to the arresting agency.
13 (3.1) The Notice of Expungement shall be in substantially
14the following form:
15
IN THE CIRCUIT COURT OF ....., ILLINOIS
16
.... JUDICIAL CIRCUIT
17IN THE INTEREST OF ) NO.
18 )
19 )
20...................)
21(Name of Petitioner)
22
NOTICE
23TO: State's Attorney
24TO: Arresting Agency

HB4594 Enrolled- 139 -LRB100 17151 MRW 32305 b
1
2................
3................
4
5................
6................
7TO: Illinois State Police
8
9.....................
10
11.....................
12ATTENTION: Expungement
13You are hereby notified that on ....., at ....., in courtroom
14..., located at ..., before the Honorable ..., Judge, or any
15judge sitting in his/her stead, I shall then and there present
16a Petition to Expunge Juvenile records in the above-entitled
17matter, at which time and place you may appear.
18
......................
19
Petitioner's Signature
20
...........................
21
Petitioner's Street Address
22
.....................
23
City, State, Zip Code
24
.............................
25
Petitioner's Telephone Number
26
PROOF OF SERVICE

HB4594 Enrolled- 140 -LRB100 17151 MRW 32305 b
1On the ....... day of ......, 20..., I on oath state that I
2served this notice and true and correct copies of the
3above-checked documents by:
4(Check One:)
5delivering copies personally to each entity to whom they are
6directed;
7or
8by mailing copies to each entity to whom they are directed by
9depositing the same in the U.S. Mail, proper postage fully
10prepaid, before the hour of 5:00 p.m., at the United States
11Postal Depository located at .................
12
.........................................
13
14Signature
15
Clerk of the Circuit Court or Deputy Clerk
16Printed Name of Delinquent Minor/Petitioner: ....
17Address: ........................................
18Telephone Number: ...............................
19 (3.2) The Order of Expungement shall be in substantially
20the following form:
21
IN THE CIRCUIT COURT OF ....., ILLINOIS
22
.... JUDICIAL CIRCUIT
23IN THE INTEREST OF ) NO.
24 )
25 )

HB4594 Enrolled- 141 -LRB100 17151 MRW 32305 b
1...................)
2(Name of Petitioner)
3DOB ................
4Arresting Agency/Agencies ......
5
ORDER OF EXPUNGEMENT
6
(705 ILCS 405/5-915 (SUBSECTION 3))
7This matter having been heard on the petitioner's motion and
8the court being fully advised in the premises does find that
9the petitioner is indigent or has presented reasonable cause to
10waive all costs in this matter, IT IS HEREBY ORDERED that:
11 ( ) 1. Clerk of Court and Department of State Police costs
12are hereby waived in this matter.
13 ( ) 2. The Illinois State Police Bureau of Identification
14and the following law enforcement agencies expunge all records
15of petitioner relating to an arrest dated ...... for the
16offense of ......
17
Law Enforcement Agencies:
18
.........................
19
.........................
20 ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit
21Court expunge all records regarding the above-captioned case.
22
ENTER: ......................
23
24JUDGE
25DATED: .......

HB4594 Enrolled- 142 -LRB100 17151 MRW 32305 b
1Name:
2Attorney for:
3Address: City/State/Zip:
4Attorney Number:
5 (3.3) The Notice of Objection shall be in substantially the
6following form:
7
IN THE CIRCUIT COURT OF ....., ILLINOIS
8
....................... JUDICIAL CIRCUIT
9IN THE INTEREST OF ) NO.
10 )
11 )
12...................)
13(Name of Petitioner)
14
NOTICE OF OBJECTION
15TO:(Attorney, Public Defender, Minor)
16.................................
17.................................
18TO:(Illinois State Police)
19.................................
20.................................
21TO:(Clerk of the Court)
22.................................
23.................................
24TO:(Judge)

HB4594 Enrolled- 143 -LRB100 17151 MRW 32305 b
1.................................
2.................................
3TO:(Arresting Agency/Agencies)
4.................................
5.................................
6ATTENTION: You are hereby notified that an objection has been
7filed by the following entity regarding the above-named minor's
8petition for expungement of juvenile records:
9( ) State's Attorney's Office;
10( ) Prosecutor (other than State's Attorney's Office) charged
11with the duty of prosecuting the offense sought to be expunged;
12( ) Department of Illinois State Police; or
13( ) Arresting Agency or Agencies.
14The agency checked above respectfully requests that this case
15be continued and set for hearing on whether the expungement
16should or should not be granted.
17DATED: .......
18Name:
19Attorney For:
20Address:
21City/State/Zip:
22Telephone:
23Attorney No.:
24
FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
25This matter has been set for hearing on the foregoing
26objection, on ...... in room ...., located at ....., before the

HB4594 Enrolled- 144 -LRB100 17151 MRW 32305 b
1Honorable ....., Judge, or any judge sitting in his/her stead.
2(Only one hearing shall be set, regardless of the number of
3Notices of Objection received on the same case).
4A copy of this completed Notice of Objection containing the
5court date, time, and location, has been sent via regular U.S.
6Mail to the following entities. (If more than one Notice of
7Objection is received on the same case, each one must be
8completed with the court date, time and location and mailed to
9the following entities):
10( ) Attorney, Public Defender or Minor;
11( ) State's Attorney's Office;
12( ) Prosecutor (other than State's Attorney's Office) charged
13with the duty of prosecuting the offense sought to be expunged;
14( ) Department of Illinois State Police; and
15( ) Arresting agency or agencies.
16Date: ......
17Initials of Clerk completing this section: .....
18 (4)(a) Upon entry of an order expunging records or files,
19the offense, which the records or files concern shall be
20treated as if it never occurred. Law enforcement officers and
21other public offices and agencies shall properly reply on
22inquiry that no record or file exists with respect to the
23person.
24 (a-5) Local law enforcement agencies shall send written
25notice to the minor of the expungement of any records within 60
26days of automatic expungement or the date of service of an

HB4594 Enrolled- 145 -LRB100 17151 MRW 32305 b
1expungement order, whichever applies. If a minor's court file
2has been expunged, the clerk of the circuit court shall send
3written notice to the minor of the expungement of any records
4within 60 days of automatic expungement or the date of service
5of an expungement order, whichever applies.
6 (b) Except with respect to authorized military personnel,
7an expunged juvenile record may not be considered by any
8private or public entity in employment matters, certification,
9licensing, revocation of certification or licensure, or
10registration. Applications for employment within the State
11must contain specific language that states that the applicant
12is not obligated to disclose expunged juvenile records of
13adjudication or arrest. Employers may not ask, in any format or
14context, if an applicant has had a juvenile record expunged.
15Information about an expunged record obtained by a potential
16employer, even inadvertently, from an employment application
17that does not contain specific language that states that the
18applicant is not obligated to disclose expunged juvenile
19records of adjudication or arrest, shall be treated as
20dissemination of an expunged record by the employer.
21 (c) A person whose juvenile records have been expunged is
22not entitled to remission of any fines, costs, or other money
23paid as a consequence of expungement.
24 (5) (Blank).,
25 (5.5) Whether or not expunged, records eligible for
26automatic expungement under subdivision (0.1)(a), (0.2)(a), or

HB4594 Enrolled- 146 -LRB100 17151 MRW 32305 b
1(0.3)(a) may be treated as expunged by the individual subject
2to the records.
3 (6) Nothing in this Section shall be construed to prohibit
4the maintenance of information relating to an offense after
5records or files concerning the offense have been expunged if
6the information is kept in a manner that does not enable
7identification of the individual. This information may only be
8used for anonymous statistical and bona fide research purposes.
9 (6.5) The Department of State Police or any employee of the
10Department shall be immune from civil or criminal liability for
11failure to expunge any records of arrest that are subject to
12expungement under this Section because of inability to verify a
13record. Nothing in this Section shall create Department of
14State Police liability or responsibility for the expungement of
15law enforcement records it does not possess.
16 (7)(a) The State Appellate Defender shall establish,
17maintain, and carry out, by December 31, 2004, a juvenile
18expungement program to provide information and assistance to
19minors eligible to have their juvenile records expunged.
20 (b) The State Appellate Defender shall develop brochures,
21pamphlets, and other materials in printed form and through the
22agency's World Wide Web site. The pamphlets and other materials
23shall include at a minimum the following information:
24 (i) An explanation of the State's juvenile expungement
25 laws, including both automatic expungement and expungement
26 by petition;

HB4594 Enrolled- 147 -LRB100 17151 MRW 32305 b
1 (ii) The circumstances under which juvenile
2 expungement may occur;
3 (iii) The juvenile offenses that may be expunged;
4 (iv) The steps necessary to initiate and complete the
5 juvenile expungement process; and
6 (v) Directions on how to contact the State Appellate
7 Defender.
8 (c) The State Appellate Defender shall establish and
9maintain a statewide toll-free telephone number that a person
10may use to receive information or assistance concerning the
11expungement of juvenile records. The State Appellate Defender
12shall advertise the toll-free telephone number statewide. The
13State Appellate Defender shall develop an expungement
14information packet that may be sent to eligible persons seeking
15expungement of their juvenile records, which may include, but
16is not limited to, a pre-printed expungement petition with
17instructions on how to complete the petition and a pamphlet
18containing information that would assist individuals through
19the juvenile expungement process.
20 (d) The State Appellate Defender shall compile a statewide
21list of volunteer attorneys willing to assist eligible
22individuals through the juvenile expungement process.
23 (e) This Section shall be implemented from funds
24appropriated by the General Assembly to the State Appellate
25Defender for this purpose. The State Appellate Defender shall
26employ the necessary staff and adopt the necessary rules for

HB4594 Enrolled- 148 -LRB100 17151 MRW 32305 b
1implementation of this Section.
2 (7.5) (a) Willful dissemination of any information
3contained in an expunged record shall be treated as a Class C
4misdemeanor and punishable by a fine of $1,000 per violation.
5 (b) Willful dissemination for financial gain of any
6information contained in an expunged record shall be treated as
7a Class 4 felony. Dissemination for financial gain by an
8employee of any municipal, county, or State agency, including
9law enforcement, shall result in immediate termination.
10 (c) The person whose record was expunged has a right of
11action against any person who intentionally disseminates an
12expunged record. In the proceeding, punitive damages up to an
13amount of $1,000 may be sought in addition to any actual
14damages. The prevailing party shall be entitled to costs and
15reasonable attorney fees.
16 (d) The punishments for dissemination of an expunged record
17shall never apply to the person whose record was expunged.
18 (8)(a) An expunged juvenile record may not be considered by
19any private or public entity in employment matters,
20certification, licensing, revocation of certification or
21licensure, or registration. Applications for employment must
22contain specific language that states that the applicant is not
23obligated to disclose expunged juvenile records of
24adjudication, conviction, or arrest. Employers may not ask if
25an applicant has had a juvenile record expunged. Effective
26January 1, 2005, the Department of Labor shall develop a link

HB4594 Enrolled- 149 -LRB100 17151 MRW 32305 b
1on the Department's website to inform employers that employers
2may not ask if an applicant had a juvenile record expunged and
3that application for employment must contain specific language
4that states that the applicant is not obligated to disclose
5expunged juvenile records of adjudication, arrest, or
6conviction.
7 (b) (Blank). Public Act 93-912
8 (c) The expungement of juvenile records under subsection
9subsections 0.1, 0.2, or 0.3 of this Section shall be funded by
10appropriation by the General Assembly for that purpose the
11additional fine imposed under Section 5-9-1.17 of the Unified
12Code of Corrections.
13 (9) (Blank).
14 (10) (Blank). Public Act 98-637 Public Act 98-637
15(Source: P.A. 99-835, eff. 1-1-17; 99-881, eff. 1-1-17;
16100-201, eff. 8-18-17; 100-285, eff. 1-1-18; revised
1710-10-17.)
18 Section 905-65. The Criminal Code of 2012 is amended by
19changing Section 12-3.4 as follows:
20 (720 ILCS 5/12-3.4) (was 720 ILCS 5/12-30)
21 Sec. 12-3.4. Violation of an order of protection.
22 (a) A person commits violation of an order of protection
23if:
24 (1) He or she knowingly commits an act which was

HB4594 Enrolled- 150 -LRB100 17151 MRW 32305 b
1 prohibited by a court or fails to commit an act which was
2 ordered by a court in violation of:
3 (i) a remedy in a valid order of protection
4 authorized under paragraphs (1), (2), (3), (14), or
5 (14.5) of subsection (b) of Section 214 of the Illinois
6 Domestic Violence Act of 1986,
7 (ii) a remedy, which is substantially similar to
8 the remedies authorized under paragraphs (1), (2),
9 (3), (14) or (14.5) of subsection (b) of Section 214 of
10 the Illinois Domestic Violence Act of 1986, in a valid
11 order of protection, which is authorized under the laws
12 of another state, tribe or United States territory,
13 (iii) any other remedy when the act constitutes a
14 crime against the protected parties as the term
15 protected parties is defined in Section 112A-4 of the
16 Code of Criminal Procedure of 1963; and
17 (2) Such violation occurs after the offender has been
18 served notice of the contents of the order, pursuant to the
19 Illinois Domestic Violence Act of 1986 or any substantially
20 similar statute of another state, tribe or United States
21 territory, or otherwise has acquired actual knowledge of
22 the contents of the order.
23 An order of protection issued by a state, tribal or
24territorial court related to domestic or family violence shall
25be deemed valid if the issuing court had jurisdiction over the
26parties and matter under the law of the state, tribe or

HB4594 Enrolled- 151 -LRB100 17151 MRW 32305 b
1territory. There shall be a presumption of validity where an
2order is certified and appears authentic on its face. For
3purposes of this Section, an "order of protection" may have
4been issued in a criminal or civil proceeding.
5 (a-5) Failure to provide reasonable notice and opportunity
6to be heard shall be an affirmative defense to any charge or
7process filed seeking enforcement of a foreign order of
8protection.
9 (b) Nothing in this Section shall be construed to diminish
10the inherent authority of the courts to enforce their lawful
11orders through civil or criminal contempt proceedings.
12 (c) The limitations placed on law enforcement liability by
13Section 305 of the Illinois Domestic Violence Act of 1986 apply
14to actions taken under this Section.
15 (d) Violation of an order of protection is a Class A
16misdemeanor. Violation of an order of protection is a Class 4
17felony if the defendant has any prior conviction under this
18Code for domestic battery (Section 12-3.2) or violation of an
19order of protection (Section 12-3.4 or 12-30) or any prior
20conviction under the law of another jurisdiction for an offense
21that could be charged in this State as a domestic battery or
22violation of an order of protection. Violation of an order of
23protection is a Class 4 felony if the defendant has any prior
24conviction under this Code for first degree murder (Section
259-1), attempt to commit first degree murder (Section 8-4),
26aggravated domestic battery (Section 12-3.3), aggravated

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1battery (Section 12-3.05 or 12-4), heinous battery (Section
212-4.1), aggravated battery with a firearm (Section 12-4.2),
3aggravated battery with a machine gun or a firearm equipped
4with a silencer (Section 12-4.2-5), aggravated battery of a
5child (Section 12-4.3), aggravated battery of an unborn child
6(subsection (a-5) of Section 12-3.1, or Section 12-4.4),
7aggravated battery of a senior citizen (Section 12-4.6),
8stalking (Section 12-7.3), aggravated stalking (Section
912-7.4), criminal sexual assault (Section 11-1.20 or 12-13),
10aggravated criminal sexual assault (Section 11-1.30 or 12-14),
11kidnapping (Section 10-1), aggravated kidnapping (Section
1210-2), predatory criminal sexual assault of a child (Section
1311-1.40 or 12-14.1), aggravated criminal sexual abuse (Section
1411-1.60 or 12-16), unlawful restraint (Section 10-3),
15aggravated unlawful restraint (Section 10-3.1), aggravated
16arson (Section 20-1.1), aggravated discharge of a firearm
17(Section 24-1.2), or a violation of any former law of this
18State that is substantially similar to any listed offense, or
19any prior conviction under the law of another jurisdiction for
20an offense that could be charged in this State as one of the
21offenses listed in this Section, when any of these offenses
22have been committed against a family or household member as
23defined in Section 112A-3 of the Code of Criminal Procedure of
241963. The court shall impose a minimum penalty of 24 hours
25imprisonment for defendant's second or subsequent violation of
26any order of protection; unless the court explicitly finds that

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1an increased penalty or such period of imprisonment would be
2manifestly unjust. In addition to any other penalties, the
3court may order the defendant to pay a fine as authorized under
4Section 5-9-1 of the Unified Code of Corrections or to make
5restitution to the victim under Section 5-5-6 of the Unified
6Code of Corrections. In addition to any other penalties,
7including those imposed by Section 5-9-1.5 of the Unified Code
8of Corrections, the court shall impose an additional fine of
9$20 as authorized by Section 5-9-1.11 of the Unified Code of
10Corrections upon any person convicted of or placed on
11supervision for a violation of this Section. The additional
12fine shall be imposed for each violation of this Section.
13 (e) (Blank).
14 (f) A defendant who directed the actions of a third party
15to violate this Section, under the principles of accountability
16set forth in Article 5 of this Code, is guilty of violating
17this Section as if the same had been personally done by the
18defendant, without regard to the mental state of the third
19party acting at the direction of the defendant.
20(Source: P.A. 96-1551, Article 1, Section 5, eff. 7-1-11;
2196-1551, Article 2, Section 1035, eff. 7-1-11; incorporates
2297-311, eff. 8-11-11; 97-919, eff. 8-10-12; 97-1109, eff.
231-1-13.)
24 (720 ILCS 550/10.3 rep.)
25 Section 905-67. The Cannabis Control Act is amended by

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1repealing Section 10.3.
2 Section 905-70. The Illinois Controlled Substances Act is
3amended by changing Section 411.2 as follows:
4 (720 ILCS 570/411.2) (from Ch. 56 1/2, par. 1411.2)
5 Sec. 411.2. Drug Treatment Fund; drug treatment grants.
6 (a) (Blank). Every person convicted of a violation of this
7Act, and every person placed on probation, conditional
8discharge, supervision or probation under Section 410 of this
9Act, shall be assessed for each offense a sum fixed at:
10 (1) $3,000 for a Class X felony;
11 (2) $2,000 for a Class 1 felony;
12 (3) $1,000 for a Class 2 felony;
13 (4) $500 for a Class 3 or Class 4 felony;
14 (5) $300 for a Class A misdemeanor;
15 (6) $200 for a Class B or Class C misdemeanor.
16 (b) (Blank). The assessment under this Section is in
17addition to and not in lieu of any fines, restitution costs,
18forfeitures or other assessments authorized or required by law.
19 (c) (Blank). As a condition of the assessment, the court
20may require that payment be made in specified installments or
21within a specified period of time. If the assessment is not
22paid within the period of probation, conditional discharge or
23supervision to which the defendant was originally sentenced,
24the court may extend the period of probation, conditional

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1discharge or supervision pursuant to Section 5-6-2 or 5-6-3.1
2of the Unified Code of Corrections, as applicable, until the
3assessment is paid or until successful completion of public or
4community service set forth in subsection (e) or the successful
5completion of the substance abuse intervention or treatment
6program set forth in subsection (f). If a term of probation,
7conditional discharge or supervision is not imposed, the
8assessment shall be payable upon judgment or as directed by the
9court.
10 (d) (Blank). If an assessment for a violation of this Act
11is imposed on an organization, it is the duty of each
12individual authorized to make disbursements of the assets of
13the organization to pay the assessment from assets of the
14organization.
15 (e) (Blank). A defendant who has been ordered to pay an
16assessment may petition the court to convert all or part of the
17assessment into court-approved public or community service.
18One hour of public or community service shall be equivalent to
19$4 of assessment. The performance of this public or community
20service shall be a condition of the probation, conditional
21discharge or supervision and shall be in addition to the
22performance of any other period of public or community service
23ordered by the court or required by law.
24 (f) (Blank). The court may suspend the collection of the
25assessment imposed under this Section; provided the defendant
26agrees to enter a substance abuse intervention or treatment

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1program approved by the court; and further provided that the
2defendant agrees to pay for all or some portion of the costs
3associated with the intervention or treatment program. In this
4case, the collection of the assessment imposed under this
5Section shall be suspended during the defendant's
6participation in the approved intervention or treatment
7program. Upon successful completion of the program, the
8defendant may apply to the court to reduce the assessment
9imposed under this Section by any amount actually paid by the
10defendant for his or her participation in the program. The
11court shall not reduce the penalty under this subsection unless
12the defendant establishes to the satisfaction of the court that
13he or she has successfully completed the intervention or
14treatment program. If the defendant's participation is for any
15reason terminated before his or her successful completion of
16the intervention or treatment program, collection of the entire
17assessment imposed under this Section shall be enforced.
18Nothing in this Section shall be deemed to affect or suspend
19any other fines, restitution costs, forfeitures or assessments
20imposed under this or any other Act.
21 (g) (Blank). The court shall not impose more than one
22assessment per complaint, indictment or information. If the
23person is convicted of more than one offense in a complaint,
24indictment or information, the assessment shall be based on the
25highest class offense for which the person is convicted.
26 (h) The In counties under 3,000,000, all moneys collected

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1under this Section shall be forwarded by the clerk of the
2circuit court to the State Treasurer for deposit in the Drug
3Treatment Fund, which is hereby established as a special fund
4within the State Treasury. The Department of Human Services may
5make grants to persons licensed under Section 15-10 of the
6Alcoholism and Other Drug Abuse and Dependency Act or to
7municipalities or counties from funds appropriated to the
8Department from the Drug Treatment Fund for the treatment of
9pregnant women who are addicted to alcohol, cannabis or
10controlled substances and for the needed care of minor,
11unemancipated children of women undergoing residential drug
12treatment. If the Department of Human Services grants funds to
13a municipality or a county that the Department determines is
14not experiencing a problem with pregnant women addicted to
15alcohol, cannabis or controlled substances, or with care for
16minor, unemancipated children of women undergoing residential
17drug treatment, or intervention, the funds shall be used for
18the treatment of any person addicted to alcohol, cannabis or
19controlled substances. The Department may adopt such rules as
20it deems appropriate for the administration of such grants.
21 (i) (Blank). In counties over 3,000,000, all moneys
22collected under this Section shall be forwarded to the County
23Treasurer for deposit into the County Health Fund. The County
24Treasurer shall, no later than the 15th day of each month,
25forward to the State Treasurer 30 percent of all moneys
26collected under this Act and received into the County Health

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1Fund since the prior remittance to the State Treasurer. Funds
2retained by the County shall be used for community-based
3treatment of pregnant women who are addicted to alcohol,
4cannabis, or controlled substances or for the needed care of
5minor, unemancipated children of these women. Funds forwarded
6to the State Treasurer shall be deposited into the State Drug
7Treatment Fund maintained by the State Treasurer from which the
8Department of Human Services may make grants to persons
9licensed under Section 15-10 of the Alcoholism and Other Drug
10Abuse and Dependency Act or to municipalities or counties from
11funds appropriated to the Department from the Drug Treatment
12Fund, provided that the moneys collected from each county be
13returned proportionately to the counties through grants to
14licensees located within the county from which the assessment
15was received and moneys in the State Drug Treatment Fund shall
16not supplant other local, State or federal funds. If the
17Department of Human Services grants funds to a municipality or
18county that the Department determines is not experiencing a
19problem with pregnant women addicted to alcohol, cannabis or
20controlled substances, or with care for minor, unemancipated
21children or women undergoing residential drug treatment, the
22funds shall be used for the treatment of any person addicted to
23alcohol, cannabis or controlled substances. The Department may
24adopt such rules as it deems appropriate for the administration
25of such grants.
26(Source: P.A. 97-334, eff. 1-1-12.)

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1 (720 ILCS 570/411.4 rep.)
2 Section 905-73. The Illinois Controlled Substances Act is
3amended by repealing Section 411.4.
4 Section 905-75. The Methamphetamine Control and Community
5Protection Act is amended by changing Sections 80 and 90 as
6follows:
7 (720 ILCS 646/80)
8 Sec. 80. Drug treatment grants Assessment.
9 (a) (Blank). Every person convicted of a violation of this
10Act, and every person placed on probation, conditional
11discharge, supervision, or probation under this Act, shall be
12assessed for each offense a sum fixed at:
13 (1) $3,000 for a Class X felony;
14 (2) $2,000 for a Class 1 felony;
15 (3) $1,000 for a Class 2 felony;
16 (4) $500 for a Class 3 or Class 4 felony.
17 (b) (Blank). The assessment under this Section is in
18addition to and not in lieu of any fines, restitution, costs,
19forfeitures, or other assessments authorized or required by
20law.
21 (c) (Blank). As a condition of the assessment, the court
22may require that payment be made in specified installments or
23within a specified period of time. If the assessment is not

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1paid within the period of probation, conditional discharge, or
2supervision to which the defendant was originally sentenced,
3the court may extend the period of probation, conditional
4discharge, or supervision pursuant to Section 5-6-2 or 5-6-3.1
5of the Unified Code of Corrections, as applicable, until the
6assessment is paid or until successful completion of public or
7community service set forth in subsection (e) or the successful
8completion of the substance abuse intervention or treatment
9program set forth in subsection (f). If a term of probation,
10conditional discharge, or supervision is not imposed, the
11assessment shall be payable upon judgment or as directed by the
12court.
13 (d) (Blank). If an assessment for a violation of this Act
14is imposed on an organization, it is the duty of each
15individual authorized to make disbursements of the assets of
16the organization to pay the assessment from assets of the
17organization.
18 (e) (Blank). A defendant who has been ordered to pay an
19assessment may petition the court to convert all or part of the
20assessment into court-approved public or community service.
21One hour of public or community service shall be equivalent to
22$4 of assessment. The performance of this public or community
23service shall be a condition of the probation, conditional
24discharge, or supervision and shall be in addition to the
25performance of any other period of public or community service
26ordered by the court or required by law.

HB4594 Enrolled- 161 -LRB100 17151 MRW 32305 b
1 (f) (Blank). The court may suspend the collection of the
2assessment imposed under this Section if the defendant agrees
3to enter a substance abuse intervention or treatment program
4approved by the court and the defendant agrees to pay for all
5or some portion of the costs associated with the intervention
6or treatment program. In this case, the collection of the
7assessment imposed under this Section shall be suspended during
8the defendant's participation in the approved intervention or
9treatment program. Upon successful completion of the program,
10the defendant may apply to the court to reduce the assessment
11imposed under this Section by any amount actually paid by the
12defendant for his or her participation in the program. The
13court shall not reduce the penalty under this subsection unless
14the defendant establishes to the satisfaction of the court that
15he or she has successfully completed the intervention or
16treatment program. If the defendant's participation is for any
17reason terminated before his or her successful completion of
18the intervention or treatment program, collection of the entire
19assessment imposed under this Section shall be enforced.
20Nothing in this Section shall be deemed to affect or suspend
21any other fines, restitution costs, forfeitures, or
22assessments imposed under this or any other Act.
23 (g) (Blank). The court shall not impose more than one
24assessment per complaint, indictment, or information. If the
25person is convicted of more than one offense in a complaint,
26indictment, or information, the assessment shall be based on

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1the highest class offense for which the person is convicted.
2 (h) In counties with a population under 3,000,000, all
3moneys collected under this Section shall be forwarded by the
4clerk of the circuit court to the State Treasurer for deposit
5in the Drug Treatment Fund. The Department of Human Services
6may make grants to persons licensed under Section 15-10 of the
7Alcoholism and Other Drug Abuse and Dependency Act or to
8municipalities or counties from funds appropriated to the
9Department from the Drug Treatment Fund for the treatment of
10pregnant women who are addicted to alcohol, cannabis or
11controlled substances and for the needed care of minor,
12unemancipated children of women undergoing residential drug
13treatment. If the Department of Human Services grants funds to
14a municipality or a county that the Department determines is
15not experiencing a problem with pregnant women addicted to
16alcohol, cannabis or controlled substances, or with care for
17minor, unemancipated children of women undergoing residential
18drug treatment, or intervention, the funds shall be used for
19the treatment of any person addicted to alcohol, cannabis, or
20controlled substances. The Department may adopt such rules as
21it deems appropriate for the administration of such grants.
22 (i) (Blank). In counties with a population of 3,000,000 or
23more, all moneys collected under this Section shall be
24forwarded to the County Treasurer for deposit into the County
25Health Fund. The County Treasurer shall, no later than the 15th
26day of each month, forward to the State Treasurer 30 percent of

HB4594 Enrolled- 163 -LRB100 17151 MRW 32305 b
1all moneys collected under this Act and received into the
2County Health Fund since the prior remittance to the State
3Treasurer. Funds retained by the County shall be used for
4community-based treatment of pregnant women who are addicted to
5alcohol, cannabis, or controlled substances or for the needed
6care of minor, unemancipated children of these women. Funds
7forwarded to the State Treasurer shall be deposited into the
8State Drug Treatment Fund maintained by the State Treasurer
9from which the Department of Human Services may make grants to
10persons licensed under Section 15-10 of the Alcoholism and
11Other Drug Abuse and Dependency Act or to municipalities or
12counties from funds appropriated to the Department from the
13Drug Treatment Fund, provided that the moneys collected from
14each county be returned proportionately to the counties through
15grants to licensees located within the county from which the
16assessment was received and moneys in the State Drug Treatment
17Fund shall not supplant other local, State or federal funds. If
18the Department of Human Services grants funds to a municipality
19or county that the Department determines is not experiencing a
20problem with pregnant women addicted to alcohol, cannabis or
21controlled substances, or with care for minor, unemancipated
22children or women undergoing residential drug treatment, the
23funds shall be used for the treatment of any person addicted to
24alcohol, cannabis or controlled substances. The Department may
25adopt such rules as it deems appropriate for the administration
26of such grants.

HB4594 Enrolled- 164 -LRB100 17151 MRW 32305 b
1(Source: P.A. 94-556, eff. 9-11-05.)
2 (720 ILCS 646/90)
3 Sec. 90. Methamphetamine restitution.
4 (a) If a person commits a violation of this Act in a manner
5that requires an emergency response, the person shall be
6required to make restitution to all public entities involved in
7the emergency response, to cover the reasonable cost of their
8participation in the emergency response, including but not
9limited to regular and overtime costs incurred by local law
10enforcement agencies and private contractors paid by the public
11agencies in securing the site. The convicted person shall make
12this restitution in addition to any other fine or penalty
13required by law.
14 (b) Any restitution payments made under this Section shall
15be disbursed equitably by the circuit clerk in the following
16order:
17 (1) first, to the agency responsible for the mitigation
18 of the incident;
19 (2) second, to the local agencies involved in the
20 emergency response;
21 (3) third, to the State agencies involved in the
22 emergency response; and
23 (4) fourth, to the federal agencies involved in the
24 emergency response.
25 (c) In addition to any other penalties and liabilities, a

HB4594 Enrolled- 165 -LRB100 17151 MRW 32305 b
1person who is convicted of violating any Section of this Act,
2whose violation proximately caused any incident resulting in an
3appropriate emergency response, shall be assessed a fine of
4$2,500, payable to the circuit clerk, who shall distribute the
5money to the law enforcement agency responsible for the
6mitigation of the incident. If the person has been previously
7convicted of violating any Section of this Act, the fine shall
8be $5,000 and the circuit clerk shall distribute the money to
9the law enforcement agency responsible for the mitigation of
10the incident. In the event that more than one agency is
11responsible for an arrest which does not require mitigation,
12the amount payable to law enforcement agencies shall be shared
13equally. Any moneys received by a law enforcement agency under
14this Section shall be used for law enforcement expenses.
15 Any moneys collected for the Illinois State Police shall be
16remitted to the State Treasurer and deposited into the State
17Police Operations Assistance Fund Traffic and Criminal
18Conviction Surcharge Fund.
19(Source: P.A. 97-434, eff. 1-1-12.)
20 Section 905-80. The Code of Criminal Procedure of 1963 is
21amended by adding Section 124A-20 as follows:
22 (725 ILCS 5/124A-20 new)
23 Sec. 124A-20. Assessment waiver.
24 (a) As used in this Section:

HB4594 Enrolled- 166 -LRB100 17151 MRW 32305 b
1 "Assessments" means any costs imposed on a criminal
2 defendant under Article 15 of the Criminal and Traffic
3 Assessment Act, but does not include violation of the
4 Illinois Vehicle Code assessments.
5 "Indigent person" means any person who meets one or
6 more of the following criteria:
7 (1) He or she is receiving assistance under one or
8 more of the following means-based governmental public
9 benefits programs: Supplemental Security Income; Aid
10 to the Aged, Blind and Disabled; Temporary Assistance
11 for Needy Families; Supplemental Nutrition Assistance
12 Program; General Assistance; Transitional Assistance;
13 or State Children and Family Assistance.
14 (2) His or her available personal income is 200% or
15 less of the current poverty level, unless the
16 applicant's assets that are not exempt under Part 9 or
17 10 of Article XII of the Code of Civil Procedure are of
18 a nature and value that the court determines that the
19 applicant is able to pay the assessments.
20 (3) He or she is, in the discretion of the court,
21 unable to proceed in an action with payment of
22 assessments and whose payment of those assessments
23 would result in substantial hardship to the person or
24 his or her family.
25 "Poverty level" means the current poverty level as
26 established by the United States Department of Health and

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1 Human Services.
2 (b) Upon the application of any defendant, after the
3commencement of an action, but no later than 30 days after
4sentencing:
5 (1) If the court finds that the applicant is an
6 indigent person, the court shall grant the applicant a full
7 assessment waiver exempting him or her from the payment of
8 any assessments.
9 (2) The court shall grant the applicant a partial
10 assessment as follows:
11 (A) 75% of all assessments shall be waived if the
12 applicant's available income is greater than 200% but
13 no more than 250% of the poverty level, unless the
14 applicant's assets that are not exempt under Part 9 or
15 10 of Article XII of the Code of Civil Procedure are
16 such that the applicant is able, without undue
17 hardship, to pay the total assessments.
18 (B) 50% of all assessments shall be waived if the
19 applicant's available income is greater than 250% but
20 no more than 300% of the poverty level, unless the
21 applicant's assets that are not exempt under Part 9 or
22 10 of Article XII of the Code of Civil Procedure are
23 such that the court determines that the applicant is
24 able, without undue hardship, to pay a greater portion
25 of the assessments.
26 (C) 25% of all assessments shall be waived if the

HB4594 Enrolled- 168 -LRB100 17151 MRW 32305 b
1 applicant's available income is greater than 300% but
2 no more than 400% of the poverty level, unless the
3 applicant's assets that are not exempt under Part 9 or
4 10 of Article XII of the Code of Civil Procedure are
5 such that the court determines that the applicant is
6 able, without undue hardship, to pay a greater portion
7 of the assessments.
8 (c) An application for a waiver of assessments shall be in
9writing, signed by the defendant or, if the defendant is a
10minor, by another person having knowledge of the facts, and
11filed no later than 30 days after sentencing. The contents of
12the application for a waiver of assessments, and the procedure
13for deciding the applications, shall be established by Supreme
14Court Rule. Factors to consider in evaluating an application
15shall include:
16 (1) the applicant's receipt of needs based
17 governmental public benefits, including Supplemental
18 Security Income (SSI); Aid to the Aged, Blind and Disabled
19 (ADBD); Temporary Assistance for Needy Families (TANF);
20 Supplemental Nutrition Assistance Program (SNAP or "food
21 stamps"); General Assistance; Transitional Assistance; or
22 State Children and Family Assistance;
23 (2) the employment status of the applicant and amount
24 of monthly income, if any;
25 (3) income received from the applicant's pension,
26 Social Security benefits, unemployment benefits, and other

HB4594 Enrolled- 169 -LRB100 17151 MRW 32305 b
1 sources;
2 (4) income received by the applicant from other
3 household members;
4 (5) the applicant's monthly expenses, including rent,
5 home mortgage, other mortgage, utilities, food, medical,
6 vehicle, childcare, debts, child support, and other
7 expenses; and
8 (6) financial affidavits or other similar supporting
9 documentation provided by the applicant showing that
10 payment of the imposed assessments would result in
11 substantial hardship to the applicant or the applicant's
12 family.
13 (d) The clerk of court shall provide the application for a
14waiver of assessments to any defendant who indicates an
15inability to pay the assessments. The clerk of the court shall
16post in a conspicuous place in the courthouse a notice, no
17smaller than 8.5 x 11 inches and using no smaller than 30-point
18typeface printed in English and in Spanish, advising criminal
19defendants they may ask the court for a waiver of any court
20ordered assessments. The notice shall be substantially as
21follows:
22 "If you are unable to pay the required assessments, you
23 may ask the court to waive payment of them. Ask the clerk
24 of the court for forms."
25 (e) For good cause shown, the court may allow an applicant
26whose application is denied or who receives a partial

HB4594 Enrolled- 170 -LRB100 17151 MRW 32305 b
1assessment waiver to defer payment of the assessments, make
2installment payments, or make payment upon reasonable terms and
3conditions stated in the order.
4 (f) Nothing in this Section shall be construed to affect
5the right of a party to court-appointed counsel, as authorized
6by any other provision of law or by the rules of the Illinois
7Supreme Court.
8 (g) The provisions of this Section are severable under
9Section 1.31 of the Statute on Statutes.
10 Section 905-85. The Violent Crime Victims Assistance Act is
11amended by changing Section 10 as follows:
12 (725 ILCS 240/10) (from Ch. 70, par. 510)
13 Sec. 10. Violent Crime Victims Assistance Fund.
14 (a) The "Violent Crime Victims Assistance Fund" is created
15as a special fund in the State Treasury to provide monies for
16the grants to be awarded under this Act.
17 (b) (Blank). When any person is convicted in Illinois of an
18offense listed below, or placed on supervision for that offense
19on or after July 1, 2012, the court shall impose the following
20fines:
21 (1) $100 for any felony;
22 (2) $50 for any offense under the Illinois Vehicle
23 Code, exclusive of offenses enumerated in paragraph (a)(2)
24 of Section 6-204 of that Code, and exclusive of any offense

HB4594 Enrolled- 171 -LRB100 17151 MRW 32305 b
1 enumerated in Article VI of Chapter 11 of that Code
2 relating to restrictions, regulations, and limitations on
3 the speed at which a motor vehicle is driven or operated;
4 and
5 (3) $75 for any misdemeanor, excluding a conservation
6 offense.
7 Notwithstanding any other provision of this Section, the
8penalty established in this Section shall be assessed for any
9violation of Section 11-601.5, 11-605.2, or 11-605.3 of the
10Illinois Vehicle Code.
11 The Clerk of the Circuit Court shall remit moneys collected
12under this subsection (b) within one month after receipt to the
13State Treasurer for deposit into the Violent Crime Victims
14Assistance Fund, except as provided in subsection (g) of this
15Section. Such additional penalty shall not be considered a part
16of the fine for purposes of any reduction made in the fine for
17time served either before or after sentencing. Not later than
18March 1 of each year the Clerk of the Circuit Court shall
19submit to the State Comptroller a report of the amount of funds
20remitted by him to the State Treasurer under this Section
21during the preceding calendar year.
22 (c) (Blank). The charge imposed by subsection (b) shall not
23be subject to the provisions of Section 110-14 of the Code of
24Criminal Procedure of 1963.
25 (d) Monies forfeited, and proceeds from the sale of
26property forfeited and seized, under the forfeiture provisions

HB4594 Enrolled- 172 -LRB100 17151 MRW 32305 b
1set forth in Part 500 of Article 124B of the Code of Criminal
2Procedure of 1963 shall be accepted for the Violent Crime
3Victims Assistance Fund.
4 (e) Investment income which is attributable to the
5investment of monies in the Violent Crime Victims Assistance
6Fund shall be credited to that fund for uses specified in this
7Act. The Treasurer shall provide the Attorney General a monthly
8status report on the amount of money in the Fund.
9 (f) Monies from the fund may be granted on and after July
101, 1984.
11 (g) (Blank). All amounts and charges imposed under this
12Section for any violation of Chapters 3, 4, 6, and 11 of the
13Illinois Vehicle Code, or a similar provision of a local
14ordinance, or any violation of the Child Passenger Protection
15Act, or a similar provision of a local ordinance, shall be
16collected and disbursed by the circuit clerk as provided under
17Section 27.5 of the Clerks of Courts Act.
18(Source: P.A. 96-712, eff. 1-1-10; 97-108, eff. 7-14-11;
1997-816, eff. 7-16-12.)
20 Section 905-90. The Unified Code of Corrections is amended
21by changing Sections 5-4-3, 5-4.5-50, 5-4.5-55, 5-4.5-60,
225-4.5-65, 5-4.5-75, 5-4.5-80, 5-5-3, 5-5-6, 5-6-1, 5-6-3,
235-6-3.1, 5-7-1, 5-9-1, 5-9-1.4, 5-9-1.7, 5-9-1.9, 5-9-1.11,
245-9-1.16, and 5-9-1.21 as follows:

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1 (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
2 Sec. 5-4-3. Specimens; genetic marker groups.
3 (a) Any person convicted of, found guilty under the
4Juvenile Court Act of 1987 for, or who received a disposition
5of court supervision for, a qualifying offense or attempt of a
6qualifying offense, convicted or found guilty of any offense
7classified as a felony under Illinois law, convicted or found
8guilty of any offense requiring registration under the Sex
9Offender Registration Act, found guilty or given supervision
10for any offense classified as a felony under the Juvenile Court
11Act of 1987, convicted or found guilty of, under the Juvenile
12Court Act of 1987, any offense requiring registration under the
13Sex Offender Registration Act, or institutionalized as a
14sexually dangerous person under the Sexually Dangerous Persons
15Act, or committed as a sexually violent person under the
16Sexually Violent Persons Commitment Act shall, regardless of
17the sentence or disposition imposed, be required to submit
18specimens of blood, saliva, or tissue to the Illinois
19Department of State Police in accordance with the provisions of
20this Section, provided such person is:
21 (1) convicted of a qualifying offense or attempt of a
22 qualifying offense on or after July 1, 1990 and sentenced
23 to a term of imprisonment, periodic imprisonment, fine,
24 probation, conditional discharge or any other form of
25 sentence, or given a disposition of court supervision for
26 the offense;

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1 (1.5) found guilty or given supervision under the
2 Juvenile Court Act of 1987 for a qualifying offense or
3 attempt of a qualifying offense on or after January 1,
4 1997;
5 (2) ordered institutionalized as a sexually dangerous
6 person on or after July 1, 1990;
7 (3) convicted of a qualifying offense or attempt of a
8 qualifying offense before July 1, 1990 and is presently
9 confined as a result of such conviction in any State
10 correctional facility or county jail or is presently
11 serving a sentence of probation, conditional discharge or
12 periodic imprisonment as a result of such conviction;
13 (3.5) convicted or found guilty of any offense
14 classified as a felony under Illinois law or found guilty
15 or given supervision for such an offense under the Juvenile
16 Court Act of 1987 on or after August 22, 2002;
17 (4) presently institutionalized as a sexually
18 dangerous person or presently institutionalized as a
19 person found guilty but mentally ill of a sexual offense or
20 attempt to commit a sexual offense; or
21 (4.5) ordered committed as a sexually violent person on
22 or after the effective date of the Sexually Violent Persons
23 Commitment Act.
24 (a-1) Any person incarcerated in a facility of the Illinois
25Department of Corrections or the Illinois Department of
26Juvenile Justice on or after August 22, 2002, whether for a

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1term of years, natural life, or a sentence of death, who has
2not yet submitted a specimen of blood, saliva, or tissue shall
3be required to submit a specimen of blood, saliva, or tissue
4prior to his or her final discharge, or release on parole,
5aftercare release, or mandatory supervised release, as a
6condition of his or her parole, aftercare release, or mandatory
7supervised release, or within 6 months from August 13, 2009
8(the effective date of Public Act 96-426), whichever is sooner.
9A person incarcerated on or after August 13, 2009 (the
10effective date of Public Act 96-426) shall be required to
11submit a specimen within 45 days of incarceration, or prior to
12his or her final discharge, or release on parole, aftercare
13release, or mandatory supervised release, as a condition of his
14or her parole, aftercare release, or mandatory supervised
15release, whichever is sooner. These specimens shall be placed
16into the State or national DNA database, to be used in
17accordance with other provisions of this Section, by the
18Illinois State Police.
19 (a-2) Any person sentenced to life imprisonment in a
20facility of the Illinois Department of Corrections after the
21effective date of this amendatory Act of the 94th General
22Assembly or sentenced to death after the effective date of this
23amendatory Act of the 94th General Assembly shall be required
24to provide a specimen of blood, saliva, or tissue within 45
25days after sentencing or disposition at a collection site
26designated by the Illinois Department of State Police. Any

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1person serving a sentence of life imprisonment in a facility of
2the Illinois Department of Corrections on the effective date of
3this amendatory Act of the 94th General Assembly or any person
4who is under a sentence of death on the effective date of this
5amendatory Act of the 94th General Assembly shall be required
6to provide a specimen of blood, saliva, or tissue upon request
7at a collection site designated by the Illinois Department of
8State Police.
9 (a-3) Any person seeking transfer to or residency in
10Illinois under Sections 3-3-11.05 through 3-3-11.5 of this
11Code, the Interstate Compact for Adult Offender Supervision, or
12the Interstate Agreements on Sexually Dangerous Persons Act
13shall be required to provide a specimen of blood, saliva, or
14tissue within 45 days after transfer to or residency in
15Illinois at a collection site designated by the Illinois
16Department of State Police.
17 (a-3.1) Any person required by an order of the court to
18submit a DNA specimen shall be required to provide a specimen
19of blood, saliva, or tissue within 45 days after the court
20order at a collection site designated by the Illinois
21Department of State Police.
22 (a-3.2) On or after January 1, 2012 (the effective date of
23Public Act 97-383), any person arrested for any of the
24following offenses, after an indictment has been returned by a
25grand jury, or following a hearing pursuant to Section 109-3 of
26the Code of Criminal Procedure of 1963 and a judge finds there

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1is probable cause to believe the arrestee has committed one of
2the designated offenses, or an arrestee has waived a
3preliminary hearing shall be required to provide a specimen of
4blood, saliva, or tissue within 14 days after such indictment
5or hearing at a collection site designated by the Illinois
6Department of State Police:
7 (A) first degree murder;
8 (B) home invasion;
9 (C) predatory criminal sexual assault of a child;
10 (D) aggravated criminal sexual assault; or
11 (E) criminal sexual assault.
12 (a-3.3) Any person required to register as a sex offender
13under the Sex Offender Registration Act, regardless of the date
14of conviction as set forth in subsection (c-5.2) shall be
15required to provide a specimen of blood, saliva, or tissue
16within the time period prescribed in subsection (c-5.2) at a
17collection site designated by the Illinois Department of State
18Police.
19 (a-5) Any person who was otherwise convicted of or received
20a disposition of court supervision for any other offense under
21the Criminal Code of 1961 or the Criminal Code of 2012 or who
22was found guilty or given supervision for such a violation
23under the Juvenile Court Act of 1987, may, regardless of the
24sentence imposed, be required by an order of the court to
25submit specimens of blood, saliva, or tissue to the Illinois
26Department of State Police in accordance with the provisions of

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1this Section.
2 (b) Any person required by paragraphs (a)(1), (a)(1.5),
3(a)(2), (a)(3.5), and (a-5) to provide specimens of blood,
4saliva, or tissue shall provide specimens of blood, saliva, or
5tissue within 45 days after sentencing or disposition at a
6collection site designated by the Illinois Department of State
7Police.
8 (c) Any person required by paragraphs (a)(3), (a)(4), and
9(a)(4.5) to provide specimens of blood, saliva, or tissue shall
10be required to provide such specimens prior to final discharge
11or within 6 months from August 13, 2009 (the effective date of
12Public Act 96-426), whichever is sooner. These specimens shall
13be placed into the State or national DNA database, to be used
14in accordance with other provisions of this Act, by the
15Illinois State Police.
16 (c-5) Any person required by paragraph (a-3) to provide
17specimens of blood, saliva, or tissue shall, where feasible, be
18required to provide the specimens before being accepted for
19conditioned residency in Illinois under the interstate compact
20or agreement, but no later than 45 days after arrival in this
21State.
22 (c-5.2) Unless it is determined that a registered sex
23offender has previously submitted a specimen of blood, saliva,
24or tissue that has been placed into the State DNA database, a
25person registering as a sex offender shall be required to
26submit a specimen at the time of his or her initial

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1registration pursuant to the Sex Offender Registration Act or,
2for a person registered as a sex offender on or prior to
3January 1, 2012 (the effective date of Public Act 97-383),
4within one year of January 1, 2012 (the effective date of
5Public Act 97-383) or at the time of his or her next required
6registration.
7 (c-6) The Illinois Department of State Police may determine
8which type of specimen or specimens, blood, saliva, or tissue,
9is acceptable for submission to the Division of Forensic
10Services for analysis. The Illinois Department of State Police
11may require the submission of fingerprints from anyone required
12to give a specimen under this Act.
13 (d) The Illinois Department of State Police shall provide
14all equipment and instructions necessary for the collection of
15blood specimens. The collection of specimens shall be performed
16in a medically approved manner. Only a physician authorized to
17practice medicine, a registered nurse or other qualified person
18trained in venipuncture may withdraw blood for the purposes of
19this Act. The specimens shall thereafter be forwarded to the
20Illinois Department of State Police, Division of Forensic
21Services, for analysis and categorizing into genetic marker
22groupings.
23 (d-1) The Illinois Department of State Police shall provide
24all equipment and instructions necessary for the collection of
25saliva specimens. The collection of saliva specimens shall be
26performed in a medically approved manner. Only a person trained

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1in the instructions promulgated by the Illinois State Police on
2collecting saliva may collect saliva for the purposes of this
3Section. The specimens shall thereafter be forwarded to the
4Illinois Department of State Police, Division of Forensic
5Services, for analysis and categorizing into genetic marker
6groupings.
7 (d-2) The Illinois Department of State Police shall provide
8all equipment and instructions necessary for the collection of
9tissue specimens. The collection of tissue specimens shall be
10performed in a medically approved manner. Only a person trained
11in the instructions promulgated by the Illinois State Police on
12collecting tissue may collect tissue for the purposes of this
13Section. The specimens shall thereafter be forwarded to the
14Illinois Department of State Police, Division of Forensic
15Services, for analysis and categorizing into genetic marker
16groupings.
17 (d-5) To the extent that funds are available, the Illinois
18Department of State Police shall contract with qualified
19personnel and certified laboratories for the collection,
20analysis, and categorization of known specimens, except as
21provided in subsection (n) of this Section.
22 (d-6) Agencies designated by the Illinois Department of
23State Police and the Illinois Department of State Police may
24contract with third parties to provide for the collection or
25analysis of DNA, or both, of an offender's blood, saliva, and
26tissue specimens, except as provided in subsection (n) of this

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1Section.
2 (e) The genetic marker groupings shall be maintained by the
3Illinois Department of State Police, Division of Forensic
4Services.
5 (f) The genetic marker grouping analysis information
6obtained pursuant to this Act shall be confidential and shall
7be released only to peace officers of the United States, of
8other states or territories, of the insular possessions of the
9United States, of foreign countries duly authorized to receive
10the same, to all peace officers of the State of Illinois and to
11all prosecutorial agencies, and to defense counsel as provided
12by Section 116-5 of the Code of Criminal Procedure of 1963. The
13genetic marker grouping analysis information obtained pursuant
14to this Act shall be used only for (i) valid law enforcement
15identification purposes and as required by the Federal Bureau
16of Investigation for participation in the National DNA
17database, (ii) technology validation purposes, (iii) a
18population statistics database, (iv) quality assurance
19purposes if personally identifying information is removed, (v)
20assisting in the defense of the criminally accused pursuant to
21Section 116-5 of the Code of Criminal Procedure of 1963, or
22(vi) identifying and assisting in the prosecution of a person
23who is suspected of committing a sexual assault as defined in
24Section 1a of the Sexual Assault Survivors Emergency Treatment
25Act. Notwithstanding any other statutory provision to the
26contrary, all information obtained under this Section shall be

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1maintained in a single State data base, which may be uploaded
2into a national database, and which information may be subject
3to expungement only as set forth in subsection (f-1).
4 (f-1) Upon receipt of notification of a reversal of a
5conviction based on actual innocence, or of the granting of a
6pardon pursuant to Section 12 of Article V of the Illinois
7Constitution, if that pardon document specifically states that
8the reason for the pardon is the actual innocence of an
9individual whose DNA record has been stored in the State or
10national DNA identification index in accordance with this
11Section by the Illinois Department of State Police, the DNA
12record shall be expunged from the DNA identification index, and
13the Department shall by rule prescribe procedures to ensure
14that the record and any specimens, analyses, or other documents
15relating to such record, whether in the possession of the
16Department or any law enforcement or police agency, or any
17forensic DNA laboratory, including any duplicates or copies
18thereof, are destroyed and a letter is sent to the court
19verifying the expungement is completed. For specimens required
20to be collected prior to conviction, unless the individual has
21other charges or convictions that require submission of a
22specimen, the DNA record for an individual shall be expunged
23from the DNA identification databases and the specimen
24destroyed upon receipt of a certified copy of a final court
25order for each charge against an individual in which the charge
26has been dismissed, resulted in acquittal, or that the charge

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1was not filed within the applicable time period. The Department
2shall by rule prescribe procedures to ensure that the record
3and any specimens in the possession or control of the
4Department are destroyed and a letter is sent to the court
5verifying the expungement is completed.
6 (f-5) Any person who intentionally uses genetic marker
7grouping analysis information, or any other information
8derived from a DNA specimen, beyond the authorized uses as
9provided under this Section, or any other Illinois law, is
10guilty of a Class 4 felony, and shall be subject to a fine of
11not less than $5,000.
12 (f-6) The Illinois Department of State Police may contract
13with third parties for the purposes of implementing this
14amendatory Act of the 93rd General Assembly, except as provided
15in subsection (n) of this Section. Any other party contracting
16to carry out the functions of this Section shall be subject to
17the same restrictions and requirements of this Section insofar
18as applicable, as the Illinois Department of State Police, and
19to any additional restrictions imposed by the Illinois
20Department of State Police.
21 (g) For the purposes of this Section, "qualifying offense"
22means any of the following:
23 (1) any violation or inchoate violation of Section
24 11-1.50, 11-1.60, 11-6, 11-9.1, 11-11, 11-18.1, 12-15, or
25 12-16 of the Criminal Code of 1961 or the Criminal Code of
26 2012;

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1 (1.1) any violation or inchoate violation of Section
2 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3,
3 18-4, 18-6, 19-1, 19-2, or 19-6 of the Criminal Code of
4 1961 or the Criminal Code of 2012 for which persons are
5 convicted on or after July 1, 2001;
6 (2) any former statute of this State which defined a
7 felony sexual offense;
8 (3) (blank);
9 (4) any inchoate violation of Section 9-3.1, 9-3.4,
10 11-9.3, 12-7.3, or 12-7.4 of the Criminal Code of 1961 or
11 the Criminal Code of 2012; or
12 (5) any violation or inchoate violation of Article 29D
13 of the Criminal Code of 1961 or the Criminal Code of 2012.
14 (g-5) (Blank).
15 (h) The Illinois Department of State Police shall be the
16State central repository for all genetic marker grouping
17analysis information obtained pursuant to this Act. The
18Illinois Department of State Police may promulgate rules for
19the form and manner of the collection of blood, saliva, or
20tissue specimens and other procedures for the operation of this
21Act. The provisions of the Administrative Review Law shall
22apply to all actions taken under the rules so promulgated.
23 (i) (1) A person required to provide a blood, saliva, or
24 tissue specimen shall cooperate with the collection of the
25 specimen and any deliberate act by that person intended to
26 impede, delay or stop the collection of the blood, saliva,

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1 or tissue specimen is a Class 4 felony.
2 (2) In the event that a person's DNA specimen is not
3 adequate for any reason, the person shall provide another
4 DNA specimen for analysis. Duly authorized law enforcement
5 and corrections personnel may employ reasonable force in
6 cases in which an individual refuses to provide a DNA
7 specimen required under this Act.
8 (j) (Blank). Any person required by subsection (a), or any
9person who was previously required by subsection (a-3.2), to
10submit specimens of blood, saliva, or tissue to the Illinois
11Department of State Police for analysis and categorization into
12genetic marker grouping, in addition to any other disposition,
13penalty, or fine imposed, shall pay an analysis fee of $250. If
14the analysis fee is not paid at the time of sentencing, the
15court shall establish a fee schedule by which the entire amount
16of the analysis fee shall be paid in full, such schedule not to
17exceed 24 months from the time of conviction. The inability to
18pay this analysis fee shall not be the sole ground to
19incarcerate the person.
20 (k) All analysis and categorization assessments fees
21provided under the Criminal and Traffic Assessments Act to the
22State Offender DNA Identification System Fund for by subsection
23(j) shall be regulated as follows:
24 (1) The State Offender DNA Identification System Fund
25 is hereby created as a special fund in the State Treasury.
26 (2) (Blank). All fees shall be collected by the clerk

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1 of the court and forwarded to the State Offender DNA
2 Identification System Fund for deposit. The clerk of the
3 circuit court may retain the amount of $10 from each
4 collected analysis fee to offset administrative costs
5 incurred in carrying out the clerk's responsibilities
6 under this Section.
7 (3) Moneys Fees deposited into the State Offender DNA
8 Identification System Fund shall be used by Illinois State
9 Police crime laboratories as designated by the Director of
10 State Police. These funds shall be in addition to any
11 allocations made pursuant to existing laws and shall be
12 designated for the exclusive use of State crime
13 laboratories. These uses may include, but are not limited
14 to, the following:
15 (A) Costs incurred in providing analysis and
16 genetic marker categorization as required by
17 subsection (d).
18 (B) Costs incurred in maintaining genetic marker
19 groupings as required by subsection (e).
20 (C) Costs incurred in the purchase and maintenance
21 of equipment for use in performing analyses.
22 (D) Costs incurred in continuing research and
23 development of new techniques for analysis and genetic
24 marker categorization.
25 (E) Costs incurred in continuing education,
26 training, and professional development of forensic

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1 scientists regularly employed by these laboratories.
2 (l) The failure of a person to provide a specimen, or of
3any person or agency to collect a specimen, shall in no way
4alter the obligation of the person to submit such specimen, or
5the authority of the Illinois Department of State Police or
6persons designated by the Department to collect the specimen,
7or the authority of the Illinois Department of State Police to
8accept, analyze and maintain the specimen or to maintain or
9upload results of genetic marker grouping analysis information
10into a State or national database.
11 (m) If any provision of this amendatory Act of the 93rd
12General Assembly is held unconstitutional or otherwise
13invalid, the remainder of this amendatory Act of the 93rd
14General Assembly is not affected.
15 (n) Neither the Department of State Police, the Division of
16Forensic Services, nor any laboratory of the Division of
17Forensic Services may contract out forensic testing for the
18purpose of an active investigation or a matter pending before a
19court of competent jurisdiction without the written consent of
20the prosecuting agency. For the purposes of this subsection
21(n), "forensic testing" includes the analysis of physical
22evidence in an investigation or other proceeding for the
23prosecution of a violation of the Criminal Code of 1961 or the
24Criminal Code of 2012 or for matters adjudicated under the
25Juvenile Court Act of 1987, and includes the use of forensic
26databases and databanks, including DNA, firearm, and

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1fingerprint databases, and expert testimony.
2 (o) Mistake does not invalidate a database match. The
3detention, arrest, or conviction of a person based upon a
4database match or database information is not invalidated if it
5is determined that the specimen was obtained or placed in the
6database by mistake.
7 (p) This Section may be referred to as the Illinois DNA
8Database Law of 2011.
9(Source: P.A. 97-383, eff. 1-1-12; 97-1109, eff. 1-1-13;
1097-1150, eff. 1-25-13; 98-558, eff. 1-1-14.)
11 (730 ILCS 5/5-4.5-50)
12 Sec. 5-4.5-50. SENTENCE PROVISIONS; ALL FELONIES. Except
13as otherwise provided, for all felonies:
14 (a) NO SUPERVISION. The court, upon a plea of guilty or a
15stipulation by the defendant of the facts supporting the charge
16or a finding of guilt, may not defer further proceedings and
17the imposition of a sentence and may not enter an order for
18supervision of the defendant.
19 (b) FELONY FINES. Unless otherwise specified by law, the
20minimum fine is $25. An offender may be sentenced to pay a fine
21not to exceed, for each offense, $25,000 or the amount
22specified in the offense, whichever is greater, or if the
23offender is a corporation, $50,000 or the amount specified in
24the offense, whichever is greater. A fine may be imposed in
25addition to a sentence of conditional discharge, probation,

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1periodic imprisonment, or imprisonment. See Article 9 of
2Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of
3additional amounts and determination of amounts and payment. If
4the court finds that the fine would impose an undue burden on
5the victim, the court may reduce or waive the fine.
6 (c) REASONS FOR SENTENCE STATED. The sentencing judge in
7each felony conviction shall set forth his or her reasons for
8imposing the particular sentence entered in the case, as
9provided in Section 5-4-1 (730 ILCS 5/5-4-1). Those reasons may
10include any mitigating or aggravating factors specified in this
11Code, or the lack of any such factors, as well as any other
12mitigating or aggravating factors that the judge sets forth on
13the record that are consistent with the purposes and principles
14of sentencing set out in this Code.
15 (d) MOTION TO REDUCE SENTENCE. A motion to reduce a
16sentence may be made, or the court may reduce a sentence
17without motion, within 30 days after the sentence is imposed. A
18defendant's challenge to the correctness of a sentence or to
19any aspect of the sentencing hearing shall be made by a written
20motion filed with the circuit court clerk within 30 days
21following the imposition of sentence. A motion not filed within
22that 30-day period is not timely. The court may not increase a
23sentence once it is imposed. A notice of motion must be filed
24with the motion. The notice of motion shall set the motion on
25the court's calendar on a date certain within a reasonable time
26after the date of filing.

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1 If a motion filed pursuant to this subsection is timely
2filed, the proponent of the motion shall exercise due diligence
3in seeking a determination on the motion and the court shall
4thereafter decide the motion within a reasonable time.
5 If a motion filed pursuant to this subsection is timely
6filed, then for purposes of perfecting an appeal, a final
7judgment is not considered to have been entered until the
8motion to reduce the sentence has been decided by order entered
9by the trial court.
10 (e) CONCURRENT SENTENCE; PREVIOUS UNEXPIRED FEDERAL OR
11OTHER-STATE SENTENCE. A defendant who has a previous and
12unexpired sentence of imprisonment imposed by another state or
13by any district court of the United States and who, after
14sentence for a crime in Illinois, must return to serve the
15unexpired prior sentence may have his or her sentence by the
16Illinois court ordered to be concurrent with the prior
17other-state or federal sentence. The court may order that any
18time served on the unexpired portion of the other-state or
19federal sentence, prior to his or her return to Illinois, shall
20be credited on his or her Illinois sentence. The appropriate
21official of the other state or the United States shall be
22furnished with a copy of the order imposing sentence, which
23shall provide that, when the offender is released from
24other-state or federal confinement, whether by parole or by
25termination of sentence, the offender shall be transferred by
26the Sheriff of the committing Illinois county to the Illinois

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1Department of Corrections. The court shall cause the Department
2of Corrections to be notified of the sentence at the time of
3commitment and to be provided with copies of all records
4regarding the sentence.
5 (f) REDUCTION; PREVIOUS UNEXPIRED ILLINOIS SENTENCE. A
6defendant who has a previous and unexpired sentence of
7imprisonment imposed by an Illinois circuit court for a crime
8in this State and who is subsequently sentenced to a term of
9imprisonment by another state or by any district court of the
10United States and who has served a term of imprisonment imposed
11by the other state or district court of the United States, and
12must return to serve the unexpired prior sentence imposed by
13the Illinois circuit court, may apply to the Illinois circuit
14court that imposed sentence to have his or her sentence
15reduced.
16 The circuit court may order that any time served on the
17sentence imposed by the other state or district court of the
18United States be credited on his or her Illinois sentence. The
19application for reduction of a sentence under this subsection
20shall be made within 30 days after the defendant has completed
21the sentence imposed by the other state or district court of
22the United States.
23 (g) NO REQUIRED BIRTH CONTROL. A court may not impose a
24sentence or disposition that requires the defendant to be
25implanted or injected with or to use any form of birth control.
26(Source: P.A. 95-1052, eff. 7-1-09.)

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1 (730 ILCS 5/5-4.5-55)
2 Sec. 5-4.5-55. CLASS A MISDEMEANORS; SENTENCE. For a Class
3A misdemeanor:
4 (a) TERM. The sentence of imprisonment shall be a
5determinate sentence of less than one year.
6 (b) PERIODIC IMPRISONMENT. A sentence of periodic
7imprisonment shall be for a definite term of less than one
8year, except as otherwise provided in Section 5-5-3 or 5-7-1
9(730 ILCS 5/5-5-3 or 5/5-7-1).
10 (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS
115/5-8-1.2) concerning eligibility for the county impact
12incarceration program.
13 (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
14in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
15period of probation or conditional discharge shall not exceed 2
16years. The court shall specify the conditions of probation or
17conditional discharge as set forth in Section 5-6-3 (730 ILCS
185/5-6-3).
19 (e) FINE. Unless otherwise specified by law, the minimum
20fine is $25. A fine not to exceed $2,500 for each offense or
21the amount specified in the offense, whichever is greater, may
22be imposed. A fine may be imposed in addition to a sentence of
23conditional discharge, probation, periodic imprisonment, or
24imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V,
25Art. 9) for imposition of additional amounts and determination

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1of amounts and payment. If the court finds that the fine would
2impose an undue burden on the victim, the court may reduce or
3waive the fine.
4 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
5concerning restitution.
6 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
7be concurrent or consecutive as provided in Section 5-8-4 (730
8ILCS 5/5-8-4).
9 (h) DRUG COURT. See Section 20 of the Drug Court Treatment
10Act (730 ILCS 166/20) concerning eligibility for a drug court
11program.
12 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
13ILCS 5/5-4.5-100) concerning credit for time spent in home
14detention prior to judgment.
15 (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good
16Behavior Allowance Act (730 ILCS 130/) for rules and
17regulations for good behavior allowance.
18 (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
195-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
20electronic monitoring and home detention.
21(Source: P.A. 100-431, eff. 8-25-17.)
22 (730 ILCS 5/5-4.5-60)
23 Sec. 5-4.5-60. CLASS B MISDEMEANORS; SENTENCE. For a Class
24B misdemeanor:
25 (a) TERM. The sentence of imprisonment shall be a

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1determinate sentence of not more than 6 months.
2 (b) PERIODIC IMPRISONMENT. A sentence of periodic
3imprisonment shall be for a definite term of up to 6 months or
4as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).
5 (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS
65/5-8-1.2) concerning eligibility for the county impact
7incarceration program.
8 (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
9in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or
10conditional discharge shall not exceed 2 years. The court shall
11specify the conditions of probation or conditional discharge as
12set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
13 (e) FINE. Unless otherwise specified by law, the minimum
14fine is $25. A fine not to exceed $1,500 for each offense or
15the amount specified in the offense, whichever is greater, may
16be imposed. A fine may be imposed in addition to a sentence of
17conditional discharge, probation, periodic imprisonment, or
18imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V,
19Art. 9) for imposition of additional amounts and determination
20of amounts and payment. If the court finds that the fine would
21impose an undue burden on the victim, the court may reduce or
22waive the fine.
23 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
24concerning restitution.
25 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
26be concurrent or consecutive as provided in Section 5-8-4 (730

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1ILCS 5/5-8-4).
2 (h) DRUG COURT. See Section 20 of the Drug Court Treatment
3Act (730 ILCS 166/20) concerning eligibility for a drug court
4program.
5 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
6ILCS 5/5-4.5-100) concerning credit for time spent in home
7detention prior to judgment.
8 (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good
9Behavior Allowance Act (730 ILCS 130/) for rules and
10regulations for good behavior allowance.
11 (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
125-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
13electronic monitoring and home detention.
14(Source: P.A. 100-431, eff. 8-25-17.)
15 (730 ILCS 5/5-4.5-65)
16 Sec. 5-4.5-65. CLASS C MISDEMEANORS; SENTENCE. For a Class
17C misdemeanor:
18 (a) TERM. The sentence of imprisonment shall be a
19determinate sentence of not more than 30 days.
20 (b) PERIODIC IMPRISONMENT. A sentence of periodic
21imprisonment shall be for a definite term of up to 30 days or
22as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).
23 (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS
245/5-8-1.2) concerning eligibility for the county impact
25incarceration program.

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1 (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
2in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or
3conditional discharge shall not exceed 2 years. The court shall
4specify the conditions of probation or conditional discharge as
5set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
6 (e) FINE. Unless otherwise specified by law, the minimum
7fine is $25. A fine not to exceed $1,500 for each offense or
8the amount specified in the offense, whichever is greater, may
9be imposed. A fine may be imposed in addition to a sentence of
10conditional discharge, probation, periodic imprisonment, or
11imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V,
12Art. 9) for imposition of additional amounts and determination
13of amounts and payment. If the court finds that the fine would
14impose an undue burden on the victim, the court may reduce or
15waive the fine.
16 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
17concerning restitution.
18 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
19be concurrent or consecutive as provided in Section 5-8-4 (730
20ILCS 5/5-8-4).
21 (h) DRUG COURT. See Section 20 of the Drug Court Treatment
22Act (730 ILCS 166/20) concerning eligibility for a drug court
23program.
24 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
25ILCS 5/5-4.5-100) concerning credit for time spent in home
26detention prior to judgment.

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1 (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good
2Behavior Allowance Act (730 ILCS 130/) for rules and
3regulations for good behavior allowance.
4 (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
55-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
6electronic monitoring and home detention.
7(Source: P.A. 100-431, eff. 8-25-17.)
8 (730 ILCS 5/5-4.5-75)
9 Sec. 5-4.5-75. PETTY OFFENSES; SENTENCE. Except as
10otherwise provided, for a petty offense:
11 (a) FINE. Unless otherwise specified by law, the minimum
12fine is $25. A defendant may be sentenced to pay a fine not to
13exceed $1,000 for each offense or the amount specified in the
14offense, whichever is less. A fine may be imposed in addition
15to a sentence of conditional discharge or probation. See
16Article 9 of Chapter V (730 ILCS 5/Ch. V, Art. 9) for
17imposition of additional amounts and determination of amounts
18and payment. If the court finds that the fine would impose an
19undue burden on the victim, the court may reduce or waive the
20fine.
21 (b) PROBATION; CONDITIONAL DISCHARGE. Except as provided
22in Section 5-6-2 (730 ILCS 5/5-6-2), a defendant may be
23sentenced to a period of probation or conditional discharge not
24to exceed 6 months. The court shall specify the conditions of
25probation or conditional discharge as set forth in Section

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15-6-3 (730 ILCS 5/5-6-3).
2 (c) RESTITUTION. A defendant may be sentenced to make
3restitution to the victim under Section 5-5-6 (730 ILCS
45/5-5-6).
5 (d) SUPERVISION; ORDER. The court, upon a plea of guilty or
6a stipulation by the defendant of the facts supporting the
7charge or a finding of guilt, may defer further proceedings and
8the imposition of a sentence and may enter an order for
9supervision of the defendant. If the defendant is not barred
10from receiving an order for supervision under Section 5-6-1
11(730 ILCS 5/5-6-1) or otherwise, the court may enter an order
12for supervision after considering the circumstances of the
13offense, and the history, character, and condition of the
14offender, if the court is of the opinion that:
15 (1) the defendant is not likely to commit further
16 crimes;
17 (2) the defendant and the public would be best served
18 if the defendant were not to receive a criminal record; and
19 (3) in the best interests of justice, an order of
20 supervision is more appropriate than a sentence otherwise
21 permitted under this Code.
22 (e) SUPERVISION; PERIOD. When a defendant is placed on
23supervision, the court shall enter an order for supervision
24specifying the period of supervision, and shall defer further
25proceedings in the case until the conclusion of the period. The
26period of supervision shall be reasonable under all of the

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1circumstances of the case, and except as otherwise provided,
2may not be longer than 2 years. The court shall specify the
3conditions of supervision as set forth in Section 5-6-3.1 (730
4ILCS 5/5-6-3.1).
5(Source: P.A. 95-1052, eff. 7-1-09.)
6 (730 ILCS 5/5-4.5-80)
7 Sec. 5-4.5-80. BUSINESS OFFENSES; SENTENCE. Except as
8otherwise provided, for a business offense:
9 (a) FINE. Unless otherwise specified by law, the minimum
10fine is $25. A defendant may be sentenced to pay a fine not to
11exceed for each offense the amount specified in the statute
12defining that offense. A fine may be imposed in addition to a
13sentence of conditional discharge. See Article 9 of Chapter V
14(730 ILCS 5/Ch. V, Art. 9) for imposition of additional amounts
15and determination of amounts and payment. If the court finds
16that the fine would impose an undue burden on the victim, the
17court may reduce or waive the fine.
18 (b) CONDITIONAL DISCHARGE. A defendant may be sentenced to
19a period of conditional discharge. The court shall specify the
20conditions of conditional discharge as set forth in Section
215-6-3 (730 ILCS 5/5-6-3).
22 (c) RESTITUTION. A defendant may be sentenced to make
23restitution to the victim under Section 5-5-6 (730 ILCS
245/5-5-6).
25 (d) SUPERVISION; ORDER. The court, upon a plea of guilty or

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1a stipulation by the defendant of the facts supporting the
2charge or a finding of guilt, may defer further proceedings and
3the imposition of a sentence and may enter an order for
4supervision of the defendant. If the defendant is not barred
5from receiving an order for supervision under Section 5-6-1
6(730 ILCS 5/5-6-1) or otherwise, the court may enter an order
7for supervision after considering the circumstances of the
8offense, and the history, character, and condition of the
9offender, if the court is of the opinion that:
10 (1) the defendant is not likely to commit further
11 crimes;
12 (2) the defendant and the public would be best served
13 if the defendant were not to receive a criminal record; and
14 (3) in the best interests of justice, an order of
15 supervision is more appropriate than a sentence otherwise
16 permitted under this Code.
17 (e) SUPERVISION; PERIOD. When a defendant is placed on
18supervision, the court shall enter an order for supervision
19specifying the period of supervision, and shall defer further
20proceedings in the case until the conclusion of the period. The
21period of supervision shall be reasonable under all of the
22circumstances of the case, and except as otherwise provided,
23may not be longer than 2 years. The court shall specify the
24conditions of supervision as set forth in Section 5-6-3.1 (730
25ILCS 5/5-6-3.1).
26(Source: P.A. 95-1052, eff. 7-1-09.)

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1 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
2 Sec. 5-5-3. Disposition.
3 (a) (Blank).
4 (b) (Blank).
5 (c) (1) (Blank).
6 (2) A period of probation, a term of periodic imprisonment
7or conditional discharge shall not be imposed for the following
8offenses. The court shall sentence the offender to not less
9than the minimum term of imprisonment set forth in this Code
10for the following offenses, and may order a fine or restitution
11or both in conjunction with such term of imprisonment:
12 (A) First degree murder where the death penalty is not
13 imposed.
14 (B) Attempted first degree murder.
15 (C) A Class X felony.
16 (D) A violation of Section 401.1 or 407 of the Illinois
17 Controlled Substances Act, or a violation of subdivision
18 (c)(1.5) of Section 401 of that Act which relates to more
19 than 5 grams of a substance containing fentanyl or an
20 analog thereof.
21 (D-5) A violation of subdivision (c)(1) of Section 401
22 of the Illinois Controlled Substances Act which relates to
23 3 or more grams of a substance containing heroin or an
24 analog thereof.
25 (E) (Blank).

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1 (F) A Class 1 or greater felony if the offender had
2 been convicted of a Class 1 or greater felony, including
3 any state or federal conviction for an offense that
4 contained, at the time it was committed, the same elements
5 as an offense now (the date of the offense committed after
6 the prior Class 1 or greater felony) classified as a Class
7 1 or greater felony, within 10 years of the date on which
8 the offender committed the offense for which he or she is
9 being sentenced, except as otherwise provided in Section
10 40-10 of the Alcoholism and Other Drug Abuse and Dependency
11 Act.
12 (F-3) A Class 2 or greater felony sex offense or felony
13 firearm offense if the offender had been convicted of a
14 Class 2 or greater felony, including any state or federal
15 conviction for an offense that contained, at the time it
16 was committed, the same elements as an offense now (the
17 date of the offense committed after the prior Class 2 or
18 greater felony) classified as a Class 2 or greater felony,
19 within 10 years of the date on which the offender committed
20 the offense for which he or she is being sentenced, except
21 as otherwise provided in Section 40-10 of the Alcoholism
22 and Other Drug Abuse and Dependency Act.
23 (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
24 the Criminal Code of 1961 or the Criminal Code of 2012 for
25 which imprisonment is prescribed in those Sections.
26 (G) Residential burglary, except as otherwise provided

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1 in Section 40-10 of the Alcoholism and Other Drug Abuse and
2 Dependency Act.
3 (H) Criminal sexual assault.
4 (I) Aggravated battery of a senior citizen as described
5 in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
6 of the Criminal Code of 1961 or the Criminal Code of 2012.
7 (J) A forcible felony if the offense was related to the
8 activities of an organized gang.
9 Before July 1, 1994, for the purposes of this
10 paragraph, "organized gang" means an association of 5 or
11 more persons, with an established hierarchy, that
12 encourages members of the association to perpetrate crimes
13 or provides support to the members of the association who
14 do commit crimes.
15 Beginning July 1, 1994, for the purposes of this
16 paragraph, "organized gang" has the meaning ascribed to it
17 in Section 10 of the Illinois Streetgang Terrorism Omnibus
18 Prevention Act.
19 (K) Vehicular hijacking.
20 (L) A second or subsequent conviction for the offense
21 of hate crime when the underlying offense upon which the
22 hate crime is based is felony aggravated assault or felony
23 mob action.
24 (M) A second or subsequent conviction for the offense
25 of institutional vandalism if the damage to the property
26 exceeds $300.

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1 (N) A Class 3 felony violation of paragraph (1) of
2 subsection (a) of Section 2 of the Firearm Owners
3 Identification Card Act.
4 (O) A violation of Section 12-6.1 or 12-6.5 of the
5 Criminal Code of 1961 or the Criminal Code of 2012.
6 (P) A violation of paragraph (1), (2), (3), (4), (5),
7 or (7) of subsection (a) of Section 11-20.1 of the Criminal
8 Code of 1961 or the Criminal Code of 2012.
9 (Q) A violation of subsection (b) or (b-5) of Section
10 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
11 Code of 1961 or the Criminal Code of 2012.
12 (R) A violation of Section 24-3A of the Criminal Code
13 of 1961 or the Criminal Code of 2012.
14 (S) (Blank).
15 (T) (Blank).
16 (U) A second or subsequent violation of Section 6-303
17 of the Illinois Vehicle Code committed while his or her
18 driver's license, permit, or privilege was revoked because
19 of a violation of Section 9-3 of the Criminal Code of 1961
20 or the Criminal Code of 2012, relating to the offense of
21 reckless homicide, or a similar provision of a law of
22 another state.
23 (V) A violation of paragraph (4) of subsection (c) of
24 Section 11-20.1B or paragraph (4) of subsection (c) of
25 Section 11-20.3 of the Criminal Code of 1961, or paragraph
26 (6) of subsection (a) of Section 11-20.1 of the Criminal

HB4594 Enrolled- 205 -LRB100 17151 MRW 32305 b
1 Code of 2012 when the victim is under 13 years of age and
2 the defendant has previously been convicted under the laws
3 of this State or any other state of the offense of child
4 pornography, aggravated child pornography, aggravated
5 criminal sexual abuse, aggravated criminal sexual assault,
6 predatory criminal sexual assault of a child, or any of the
7 offenses formerly known as rape, deviate sexual assault,
8 indecent liberties with a child, or aggravated indecent
9 liberties with a child where the victim was under the age
10 of 18 years or an offense that is substantially equivalent
11 to those offenses.
12 (W) A violation of Section 24-3.5 of the Criminal Code
13 of 1961 or the Criminal Code of 2012.
14 (X) A violation of subsection (a) of Section 31-1a of
15 the Criminal Code of 1961 or the Criminal Code of 2012.
16 (Y) A conviction for unlawful possession of a firearm
17 by a street gang member when the firearm was loaded or
18 contained firearm ammunition.
19 (Z) A Class 1 felony committed while he or she was
20 serving a term of probation or conditional discharge for a
21 felony.
22 (AA) Theft of property exceeding $500,000 and not
23 exceeding $1,000,000 in value.
24 (BB) Laundering of criminally derived property of a
25 value exceeding $500,000.
26 (CC) Knowingly selling, offering for sale, holding for

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1 sale, or using 2,000 or more counterfeit items or
2 counterfeit items having a retail value in the aggregate of
3 $500,000 or more.
4 (DD) A conviction for aggravated assault under
5 paragraph (6) of subsection (c) of Section 12-2 of the
6 Criminal Code of 1961 or the Criminal Code of 2012 if the
7 firearm is aimed toward the person against whom the firearm
8 is being used.
9 (EE) A conviction for a violation of paragraph (2) of
10 subsection (a) of Section 24-3B of the Criminal Code of
11 2012.
12 (3) (Blank).
13 (4) A minimum term of imprisonment of not less than 10
14consecutive days or 30 days of community service shall be
15imposed for a violation of paragraph (c) of Section 6-303 of
16the Illinois Vehicle Code.
17 (4.1) (Blank).
18 (4.2) Except as provided in paragraphs (4.3) and (4.8) of
19this subsection (c), a minimum of 100 hours of community
20service shall be imposed for a second violation of Section
216-303 of the Illinois Vehicle Code.
22 (4.3) A minimum term of imprisonment of 30 days or 300
23hours of community service, as determined by the court, shall
24be imposed for a second violation of subsection (c) of Section
256-303 of the Illinois Vehicle Code.
26 (4.4) Except as provided in paragraphs (4.5), (4.6), and

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1(4.9) of this subsection (c), a minimum term of imprisonment of
230 days or 300 hours of community service, as determined by the
3court, shall be imposed for a third or subsequent violation of
4Section 6-303 of the Illinois Vehicle Code. The court may give
5credit toward the fulfillment of community service hours for
6participation in activities and treatment as determined by
7court services.
8 (4.5) A minimum term of imprisonment of 30 days shall be
9imposed for a third violation of subsection (c) of Section
106-303 of the Illinois Vehicle Code.
11 (4.6) Except as provided in paragraph (4.10) of this
12subsection (c), a minimum term of imprisonment of 180 days
13shall be imposed for a fourth or subsequent violation of
14subsection (c) of Section 6-303 of the Illinois Vehicle Code.
15 (4.7) A minimum term of imprisonment of not less than 30
16consecutive days, or 300 hours of community service, shall be
17imposed for a violation of subsection (a-5) of Section 6-303 of
18the Illinois Vehicle Code, as provided in subsection (b-5) of
19that Section.
20 (4.8) A mandatory prison sentence shall be imposed for a
21second violation of subsection (a-5) of Section 6-303 of the
22Illinois Vehicle Code, as provided in subsection (c-5) of that
23Section. The person's driving privileges shall be revoked for a
24period of not less than 5 years from the date of his or her
25release from prison.
26 (4.9) A mandatory prison sentence of not less than 4 and

HB4594 Enrolled- 208 -LRB100 17151 MRW 32305 b
1not more than 15 years shall be imposed for a third violation
2of subsection (a-5) of Section 6-303 of the Illinois Vehicle
3Code, as provided in subsection (d-2.5) of that Section. The
4person's driving privileges shall be revoked for the remainder
5of his or her life.
6 (4.10) A mandatory prison sentence for a Class 1 felony
7shall be imposed, and the person shall be eligible for an
8extended term sentence, for a fourth or subsequent violation of
9subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
10as provided in subsection (d-3.5) of that Section. The person's
11driving privileges shall be revoked for the remainder of his or
12her life.
13 (5) The court may sentence a corporation or unincorporated
14association convicted of any offense to:
15 (A) a period of conditional discharge;
16 (B) a fine;
17 (C) make restitution to the victim under Section 5-5-6
18 of this Code.
19 (5.1) In addition to any other penalties imposed, and
20except as provided in paragraph (5.2) or (5.3), a person
21convicted of violating subsection (c) of Section 11-907 of the
22Illinois Vehicle Code shall have his or her driver's license,
23permit, or privileges suspended for at least 90 days but not
24more than one year, if the violation resulted in damage to the
25property of another person.
26 (5.2) In addition to any other penalties imposed, and

HB4594 Enrolled- 209 -LRB100 17151 MRW 32305 b
1except as provided in paragraph (5.3), a person convicted of
2violating subsection (c) of Section 11-907 of the Illinois
3Vehicle Code shall have his or her driver's license, permit, or
4privileges suspended for at least 180 days but not more than 2
5years, if the violation resulted in injury to another person.
6 (5.3) In addition to any other penalties imposed, a person
7convicted of violating subsection (c) of Section 11-907 of the
8Illinois Vehicle Code shall have his or her driver's license,
9permit, or privileges suspended for 2 years, if the violation
10resulted in the death of another person.
11 (5.4) In addition to any other penalties imposed, a person
12convicted of violating Section 3-707 of the Illinois Vehicle
13Code shall have his or her driver's license, permit, or
14privileges suspended for 3 months and until he or she has paid
15a reinstatement fee of $100.
16 (5.5) In addition to any other penalties imposed, a person
17convicted of violating Section 3-707 of the Illinois Vehicle
18Code during a period in which his or her driver's license,
19permit, or privileges were suspended for a previous violation
20of that Section shall have his or her driver's license, permit,
21or privileges suspended for an additional 6 months after the
22expiration of the original 3-month suspension and until he or
23she has paid a reinstatement fee of $100.
24 (6) (Blank).
25 (7) (Blank).
26 (8) (Blank).

HB4594 Enrolled- 210 -LRB100 17151 MRW 32305 b
1 (9) A defendant convicted of a second or subsequent offense
2of ritualized abuse of a child may be sentenced to a term of
3natural life imprisonment.
4 (10) (Blank).
5 (11) The court shall impose a minimum fine of $1,000 for a
6first offense and $2,000 for a second or subsequent offense
7upon a person convicted of or placed on supervision for battery
8when the individual harmed was a sports official or coach at
9any level of competition and the act causing harm to the sports
10official or coach occurred within an athletic facility or
11within the immediate vicinity of the athletic facility at which
12the sports official or coach was an active participant of the
13athletic contest held at the athletic facility. For the
14purposes of this paragraph (11), "sports official" means a
15person at an athletic contest who enforces the rules of the
16contest, such as an umpire or referee; "athletic facility"
17means an indoor or outdoor playing field or recreational area
18where sports activities are conducted; and "coach" means a
19person recognized as a coach by the sanctioning authority that
20conducted the sporting event.
21 (12) A person may not receive a disposition of court
22supervision for a violation of Section 5-16 of the Boat
23Registration and Safety Act if that person has previously
24received a disposition of court supervision for a violation of
25that Section.
26 (13) A person convicted of or placed on court supervision

HB4594 Enrolled- 211 -LRB100 17151 MRW 32305 b
1for an assault or aggravated assault when the victim and the
2offender are family or household members as defined in Section
3103 of the Illinois Domestic Violence Act of 1986 or convicted
4of domestic battery or aggravated domestic battery may be
5required to attend a Partner Abuse Intervention Program under
6protocols set forth by the Illinois Department of Human
7Services under such terms and conditions imposed by the court.
8The costs of such classes shall be paid by the offender.
9 (d) In any case in which a sentence originally imposed is
10vacated, the case shall be remanded to the trial court. The
11trial court shall hold a hearing under Section 5-4-1 of the
12Unified Code of Corrections which may include evidence of the
13defendant's life, moral character and occupation during the
14time since the original sentence was passed. The trial court
15shall then impose sentence upon the defendant. The trial court
16may impose any sentence which could have been imposed at the
17original trial subject to Section 5-5-4 of the Unified Code of
18Corrections. If a sentence is vacated on appeal or on
19collateral attack due to the failure of the trier of fact at
20trial to determine beyond a reasonable doubt the existence of a
21fact (other than a prior conviction) necessary to increase the
22punishment for the offense beyond the statutory maximum
23otherwise applicable, either the defendant may be re-sentenced
24to a term within the range otherwise provided or, if the State
25files notice of its intention to again seek the extended
26sentence, the defendant shall be afforded a new trial.

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1 (e) In cases where prosecution for aggravated criminal
2sexual abuse under Section 11-1.60 or 12-16 of the Criminal
3Code of 1961 or the Criminal Code of 2012 results in conviction
4of a defendant who was a family member of the victim at the
5time of the commission of the offense, the court shall consider
6the safety and welfare of the victim and may impose a sentence
7of probation only where:
8 (1) the court finds (A) or (B) or both are appropriate:
9 (A) the defendant is willing to undergo a court
10 approved counseling program for a minimum duration of 2
11 years; or
12 (B) the defendant is willing to participate in a
13 court approved plan including but not limited to the
14 defendant's:
15 (i) removal from the household;
16 (ii) restricted contact with the victim;
17 (iii) continued financial support of the
18 family;
19 (iv) restitution for harm done to the victim;
20 and
21 (v) compliance with any other measures that
22 the court may deem appropriate; and
23 (2) the court orders the defendant to pay for the
24 victim's counseling services, to the extent that the court
25 finds, after considering the defendant's income and
26 assets, that the defendant is financially capable of paying

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1 for such services, if the victim was under 18 years of age
2 at the time the offense was committed and requires
3 counseling as a result of the offense.
4 Probation may be revoked or modified pursuant to Section
55-6-4; except where the court determines at the hearing that
6the defendant violated a condition of his or her probation
7restricting contact with the victim or other family members or
8commits another offense with the victim or other family
9members, the court shall revoke the defendant's probation and
10impose a term of imprisonment.
11 For the purposes of this Section, "family member" and
12"victim" shall have the meanings ascribed to them in Section
1311-0.1 of the Criminal Code of 2012.
14 (f) (Blank).
15 (g) Whenever a defendant is convicted of an offense under
16Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1711-14.3, 11-14.4 except for an offense that involves keeping a
18place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1911-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
2012-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
21Criminal Code of 2012, the defendant shall undergo medical
22testing to determine whether the defendant has any sexually
23transmissible disease, including a test for infection with
24human immunodeficiency virus (HIV) or any other identified
25causative agent of acquired immunodeficiency syndrome (AIDS).
26Any such medical test shall be performed only by appropriately

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1licensed medical practitioners and may include an analysis of
2any bodily fluids as well as an examination of the defendant's
3person. Except as otherwise provided by law, the results of
4such test shall be kept strictly confidential by all medical
5personnel involved in the testing and must be personally
6delivered in a sealed envelope to the judge of the court in
7which the conviction was entered for the judge's inspection in
8camera. Acting in accordance with the best interests of the
9victim and the public, the judge shall have the discretion to
10determine to whom, if anyone, the results of the testing may be
11revealed. The court shall notify the defendant of the test
12results. The court shall also notify the victim if requested by
13the victim, and if the victim is under the age of 15 and if
14requested by the victim's parents or legal guardian, the court
15shall notify the victim's parents or legal guardian of the test
16results. The court shall provide information on the
17availability of HIV testing and counseling at Department of
18Public Health facilities to all parties to whom the results of
19the testing are revealed and shall direct the State's Attorney
20to provide the information to the victim when possible. A
21State's Attorney may petition the court to obtain the results
22of any HIV test administered under this Section, and the court
23shall grant the disclosure if the State's Attorney shows it is
24relevant in order to prosecute a charge of criminal
25transmission of HIV under Section 12-5.01 or 12-16.2 of the
26Criminal Code of 1961 or the Criminal Code of 2012 against the

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1defendant. The court shall order that the cost of any such test
2shall be paid by the county and may be taxed as costs against
3the convicted defendant.
4 (g-5) When an inmate is tested for an airborne communicable
5disease, as determined by the Illinois Department of Public
6Health including but not limited to tuberculosis, the results
7of the test shall be personally delivered by the warden or his
8or her designee in a sealed envelope to the judge of the court
9in which the inmate must appear for the judge's inspection in
10camera if requested by the judge. Acting in accordance with the
11best interests of those in the courtroom, the judge shall have
12the discretion to determine what if any precautions need to be
13taken to prevent transmission of the disease in the courtroom.
14 (h) Whenever a defendant is convicted of an offense under
15Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
16defendant shall undergo medical testing to determine whether
17the defendant has been exposed to human immunodeficiency virus
18(HIV) or any other identified causative agent of acquired
19immunodeficiency syndrome (AIDS). Except as otherwise provided
20by law, the results of such test shall be kept strictly
21confidential by all medical personnel involved in the testing
22and must be personally delivered in a sealed envelope to the
23judge of the court in which the conviction was entered for the
24judge's inspection in camera. Acting in accordance with the
25best interests of the public, the judge shall have the
26discretion to determine to whom, if anyone, the results of the

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1testing may be revealed. The court shall notify the defendant
2of a positive test showing an infection with the human
3immunodeficiency virus (HIV). The court shall provide
4information on the availability of HIV testing and counseling
5at Department of Public Health facilities to all parties to
6whom the results of the testing are revealed and shall direct
7the State's Attorney to provide the information to the victim
8when possible. A State's Attorney may petition the court to
9obtain the results of any HIV test administered under this
10Section, and the court shall grant the disclosure if the
11State's Attorney shows it is relevant in order to prosecute a
12charge of criminal transmission of HIV under Section 12-5.01 or
1312-16.2 of the Criminal Code of 1961 or the Criminal Code of
142012 against the defendant. The court shall order that the cost
15of any such test shall be paid by the county and may be taxed as
16costs against the convicted defendant.
17 (i) All fines and penalties imposed under this Section for
18any violation of Chapters 3, 4, 6, and 11 of the Illinois
19Vehicle Code, or a similar provision of a local ordinance, and
20any violation of the Child Passenger Protection Act, or a
21similar provision of a local ordinance, shall be collected and
22disbursed by the circuit clerk as provided under the Criminal
23and Traffic Assessment Act Section 27.5 of the Clerks of Courts
24Act.
25 (j) In cases when prosecution for any violation of Section
2611-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,

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111-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
211-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
311-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
412-15, or 12-16 of the Criminal Code of 1961 or the Criminal
5Code of 2012, any violation of the Illinois Controlled
6Substances Act, any violation of the Cannabis Control Act, or
7any violation of the Methamphetamine Control and Community
8Protection Act results in conviction, a disposition of court
9supervision, or an order of probation granted under Section 10
10of the Cannabis Control Act, Section 410 of the Illinois
11Controlled Substances Act, or Section 70 of the Methamphetamine
12Control and Community Protection Act of a defendant, the court
13shall determine whether the defendant is employed by a facility
14or center as defined under the Child Care Act of 1969, a public
15or private elementary or secondary school, or otherwise works
16with children under 18 years of age on a daily basis. When a
17defendant is so employed, the court shall order the Clerk of
18the Court to send a copy of the judgment of conviction or order
19of supervision or probation to the defendant's employer by
20certified mail. If the employer of the defendant is a school,
21the Clerk of the Court shall direct the mailing of a copy of
22the judgment of conviction or order of supervision or probation
23to the appropriate regional superintendent of schools. The
24regional superintendent of schools shall notify the State Board
25of Education of any notification under this subsection.
26 (j-5) A defendant at least 17 years of age who is convicted

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1of a felony and who has not been previously convicted of a
2misdemeanor or felony and who is sentenced to a term of
3imprisonment in the Illinois Department of Corrections shall as
4a condition of his or her sentence be required by the court to
5attend educational courses designed to prepare the defendant
6for a high school diploma and to work toward a high school
7diploma or to work toward passing high school equivalency
8testing or to work toward completing a vocational training
9program offered by the Department of Corrections. If a
10defendant fails to complete the educational training required
11by his or her sentence during the term of incarceration, the
12Prisoner Review Board shall, as a condition of mandatory
13supervised release, require the defendant, at his or her own
14expense, to pursue a course of study toward a high school
15diploma or passage of high school equivalency testing. The
16Prisoner Review Board shall revoke the mandatory supervised
17release of a defendant who wilfully fails to comply with this
18subsection (j-5) upon his or her release from confinement in a
19penal institution while serving a mandatory supervised release
20term; however, the inability of the defendant after making a
21good faith effort to obtain financial aid or pay for the
22educational training shall not be deemed a wilful failure to
23comply. The Prisoner Review Board shall recommit the defendant
24whose mandatory supervised release term has been revoked under
25this subsection (j-5) as provided in Section 3-3-9. This
26subsection (j-5) does not apply to a defendant who has a high

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1school diploma or has successfully passed high school
2equivalency testing. This subsection (j-5) does not apply to a
3defendant who is determined by the court to be a person with a
4developmental disability or otherwise mentally incapable of
5completing the educational or vocational program.
6 (k) (Blank).
7 (l) (A) Except as provided in paragraph (C) of subsection
8(l), whenever a defendant, who is an alien as defined by the
9Immigration and Nationality Act, is convicted of any felony or
10misdemeanor offense, the court after sentencing the defendant
11may, upon motion of the State's Attorney, hold sentence in
12abeyance and remand the defendant to the custody of the
13Attorney General of the United States or his or her designated
14agent to be deported when:
15 (1) a final order of deportation has been issued
16 against the defendant pursuant to proceedings under the
17 Immigration and Nationality Act, and
18 (2) the deportation of the defendant would not
19 deprecate the seriousness of the defendant's conduct and
20 would not be inconsistent with the ends of justice.
21 Otherwise, the defendant shall be sentenced as provided in
22this Chapter V.
23 (B) If the defendant has already been sentenced for a
24felony or misdemeanor offense, or has been placed on probation
25under Section 10 of the Cannabis Control Act, Section 410 of
26the Illinois Controlled Substances Act, or Section 70 of the

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1Methamphetamine Control and Community Protection Act, the
2court may, upon motion of the State's Attorney to suspend the
3sentence imposed, commit the defendant to the custody of the
4Attorney General of the United States or his or her designated
5agent when:
6 (1) a final order of deportation has been issued
7 against the defendant pursuant to proceedings under the
8 Immigration and Nationality Act, and
9 (2) the deportation of the defendant would not
10 deprecate the seriousness of the defendant's conduct and
11 would not be inconsistent with the ends of justice.
12 (C) This subsection (l) does not apply to offenders who are
13subject to the provisions of paragraph (2) of subsection (a) of
14Section 3-6-3.
15 (D) Upon motion of the State's Attorney, if a defendant
16sentenced under this Section returns to the jurisdiction of the
17United States, the defendant shall be recommitted to the
18custody of the county from which he or she was sentenced.
19Thereafter, the defendant shall be brought before the
20sentencing court, which may impose any sentence that was
21available under Section 5-5-3 at the time of initial
22sentencing. In addition, the defendant shall not be eligible
23for additional earned sentence credit as provided under Section
243-6-3.
25 (m) A person convicted of criminal defacement of property
26under Section 21-1.3 of the Criminal Code of 1961 or the

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1Criminal Code of 2012, in which the property damage exceeds
2$300 and the property damaged is a school building, shall be
3ordered to perform community service that may include cleanup,
4removal, or painting over the defacement.
5 (n) The court may sentence a person convicted of a
6violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
7subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
8of 1961 or the Criminal Code of 2012 (i) to an impact
9incarceration program if the person is otherwise eligible for
10that program under Section 5-8-1.1, (ii) to community service,
11or (iii) if the person is an addict or alcoholic, as defined in
12the Alcoholism and Other Drug Abuse and Dependency Act, to a
13substance or alcohol abuse program licensed under that Act.
14 (o) Whenever a person is convicted of a sex offense as
15defined in Section 2 of the Sex Offender Registration Act, the
16defendant's driver's license or permit shall be subject to
17renewal on an annual basis in accordance with the provisions of
18license renewal established by the Secretary of State.
19(Source: P.A. 99-143, eff. 7-27-15; 99-885, eff. 8-23-16;
2099-938, eff. 1-1-18; 100-575, eff. 1-8-18.)
21 (730 ILCS 5/5-5-6) (from Ch. 38, par. 1005-5-6)
22 Sec. 5-5-6. In all convictions for offenses in violation of
23the Criminal Code of 1961 or the Criminal Code of 2012 or of
24Section 11-501 of the Illinois Vehicle Code in which the person
25received any injury to his or her person or damage to his or

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1her real or personal property as a result of the criminal act
2of the defendant, the court shall order restitution as provided
3in this Section. In all other cases, except cases in which
4restitution is required under this Section, the court must at
5the sentence hearing determine whether restitution is an
6appropriate sentence to be imposed on each defendant convicted
7of an offense. If the court determines that an order directing
8the offender to make restitution is appropriate, the offender
9may be sentenced to make restitution. The court may consider
10restitution an appropriate sentence to be imposed on each
11defendant convicted of an offense in addition to a sentence of
12imprisonment. The sentence of the defendant to a term of
13imprisonment is not a mitigating factor that prevents the court
14from ordering the defendant to pay restitution. If the offender
15is sentenced to make restitution the Court shall determine the
16restitution as hereinafter set forth:
17 (a) At the sentence hearing, the court shall determine
18 whether the property may be restored in kind to the
19 possession of the owner or the person entitled to
20 possession thereof; or whether the defendant is possessed
21 of sufficient skill to repair and restore property damaged;
22 or whether the defendant should be required to make
23 restitution in cash, for out-of-pocket expenses, damages,
24 losses, or injuries found to have been proximately caused
25 by the conduct of the defendant or another for whom the
26 defendant is legally accountable under the provisions of

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1 Article 5 of the Criminal Code of 1961 or the Criminal Code
2 of 2012.
3 (b) In fixing the amount of restitution to be paid in
4 cash, the court shall allow credit for property returned in
5 kind, for property damages ordered to be repaired by the
6 defendant, and for property ordered to be restored by the
7 defendant; and after granting the credit, the court shall
8 assess the actual out-of-pocket expenses, losses, damages,
9 and injuries suffered by the victim named in the charge and
10 any other victims who may also have suffered out-of-pocket
11 expenses, losses, damages, and injuries proximately caused
12 by the same criminal conduct of the defendant, and
13 insurance carriers who have indemnified the named victim or
14 other victims for the out-of-pocket expenses, losses,
15 damages, or injuries, provided that in no event shall
16 restitution be ordered to be paid on account of pain and
17 suffering. When a victim's out-of-pocket expenses have
18 been paid pursuant to the Crime Victims Compensation Act,
19 the court shall order restitution be paid to the
20 compensation program. If a defendant is placed on
21 supervision for, or convicted of, domestic battery, the
22 defendant shall be required to pay restitution to any
23 domestic violence shelter in which the victim and any other
24 family or household members lived because of the domestic
25 battery. The amount of the restitution shall equal the
26 actual expenses of the domestic violence shelter in

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1 providing housing and any other services for the victim and
2 any other family or household members living at the
3 shelter. If a defendant fails to pay restitution in the
4 manner or within the time period specified by the court,
5 the court may enter an order directing the sheriff to seize
6 any real or personal property of a defendant to the extent
7 necessary to satisfy the order of restitution and dispose
8 of the property by public sale. All proceeds from such sale
9 in excess of the amount of restitution plus court costs and
10 the costs of the sheriff in conducting the sale shall be
11 paid to the defendant. The defendant convicted of domestic
12 battery, if a person under 18 years of age was present and
13 witnessed the domestic battery of the victim, is liable to
14 pay restitution for the cost of any counseling required for
15 the child at the discretion of the court.
16 (c) In cases where more than one defendant is
17 accountable for the same criminal conduct that results in
18 out-of-pocket expenses, losses, damages, or injuries, each
19 defendant shall be ordered to pay restitution in the amount
20 of the total actual out-of-pocket expenses, losses,
21 damages, or injuries to the victim proximately caused by
22 the conduct of all of the defendants who are legally
23 accountable for the offense.
24 (1) In no event shall the victim be entitled to
25 recover restitution in excess of the actual
26 out-of-pocket expenses, losses, damages, or injuries,

HB4594 Enrolled- 225 -LRB100 17151 MRW 32305 b
1 proximately caused by the conduct of all of the
2 defendants.
3 (2) As between the defendants, the court may
4 apportion the restitution that is payable in
5 proportion to each co-defendant's culpability in the
6 commission of the offense.
7 (3) In the absence of a specific order apportioning
8 the restitution, each defendant shall bear his pro rata
9 share of the restitution.
10 (4) As between the defendants, each defendant
11 shall be entitled to a pro rata reduction in the total
12 restitution required to be paid to the victim for
13 amounts of restitution actually paid by co-defendants,
14 and defendants who shall have paid more than their pro
15 rata share shall be entitled to refunds to be computed
16 by the court as additional amounts are paid by
17 co-defendants.
18 (d) In instances where a defendant has more than one
19 criminal charge pending against him in a single case, or
20 more than one case, and the defendant stands convicted of
21 one or more charges, a plea agreement negotiated by the
22 State's Attorney and the defendants may require the
23 defendant to make restitution to victims of charges that
24 have been dismissed or which it is contemplated will be
25 dismissed under the terms of the plea agreement, and under
26 the agreement, the court may impose a sentence of

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1 restitution on the charge or charges of which the defendant
2 has been convicted that would require the defendant to make
3 restitution to victims of other offenses as provided in the
4 plea agreement.
5 (e) The court may require the defendant to apply the
6 balance of the cash bond, after payment of court costs, and
7 any fine that may be imposed to the payment of restitution.
8 (f) Taking into consideration the ability of the
9 defendant to pay, including any real or personal property
10 or any other assets of the defendant, the court shall
11 determine whether restitution shall be paid in a single
12 payment or in installments, and shall fix a period of time
13 not in excess of 5 years, except for violations of Sections
14 16-1.3 and 17-56 of the Criminal Code of 1961 or the
15 Criminal Code of 2012, or the period of time specified in
16 subsection (f-1), not including periods of incarceration,
17 within which payment of restitution is to be paid in full.
18 Complete restitution shall be paid in as short a time
19 period as possible. However, if the court deems it
20 necessary and in the best interest of the victim, the court
21 may extend beyond 5 years the period of time within which
22 the payment of restitution is to be paid. If the defendant
23 is ordered to pay restitution and the court orders that
24 restitution is to be paid over a period greater than 6
25 months, the court shall order that the defendant make
26 monthly payments; the court may waive this requirement of

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1 monthly payments only if there is a specific finding of
2 good cause for waiver.
3 (f-1)(1) In addition to any other penalty prescribed by
4 law and any restitution ordered under this Section that did
5 not include long-term physical health care costs, the court
6 may, upon conviction of any misdemeanor or felony, order a
7 defendant to pay restitution to a victim in accordance with
8 the provisions of this subsection (f-1) if the victim has
9 suffered physical injury as a result of the offense that is
10 reasonably probable to require or has required long-term
11 physical health care for more than 3 months. As used in
12 this subsection (f-1) "long-term physical health care"
13 includes mental health care.
14 (2) The victim's estimate of long-term physical health
15 care costs may be made as part of a victim impact statement
16 under Section 6 of the Rights of Crime Victims and
17 Witnesses Act or made separately. The court shall enter the
18 long-term physical health care restitution order at the
19 time of sentencing. An order of restitution made under this
20 subsection (f-1) shall fix a monthly amount to be paid by
21 the defendant for as long as long-term physical health care
22 of the victim is required as a result of the offense. The
23 order may exceed the length of any sentence imposed upon
24 the defendant for the criminal activity. The court shall
25 include as a special finding in the judgment of conviction
26 its determination of the monthly cost of long-term physical

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1 health care.
2 (3) After a sentencing order has been entered, the
3 court may from time to time, on the petition of either the
4 defendant or the victim, or upon its own motion, enter an
5 order for restitution for long-term physical care or modify
6 the existing order for restitution for long-term physical
7 care as to the amount of monthly payments. Any modification
8 of the order shall be based only upon a substantial change
9 of circumstances relating to the cost of long-term physical
10 health care or the financial condition of either the
11 defendant or the victim. The petition shall be filed as
12 part of the original criminal docket.
13 (g) In addition to the sentences provided for in
14 Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
15 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14,
16 12-14.1, 12-15, and 12-16, and subdivision (a)(4) of
17 Section 11-14.4, of the Criminal Code of 1961 or the
18 Criminal Code of 2012, the court may order any person who
19 is convicted of violating any of those Sections or who was
20 charged with any of those offenses and which charge was
21 reduced to another charge as a result of a plea agreement
22 under subsection (d) of this Section to meet all or any
23 portion of the financial obligations of treatment,
24 including but not limited to medical, psychiatric, or
25 rehabilitative treatment or psychological counseling,
26 prescribed for the victim or victims of the offense.

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1 The payments shall be made by the defendant to the
2 clerk of the circuit court and transmitted by the clerk to
3 the appropriate person or agency as directed by the court.
4 Except as otherwise provided in subsection (f-1), the order
5 may require such payments to be made for a period not to
6 exceed 5 years after sentencing, not including periods of
7 incarceration.
8 (h) The judge may enter an order of withholding to
9 collect the amount of restitution owed in accordance with
10 Part 8 of Article XII of the Code of Civil Procedure.
11 (i) A sentence of restitution may be modified or
12 revoked by the court if the offender commits another
13 offense, or the offender fails to make restitution as
14 ordered by the court, but no sentence to make restitution
15 shall be revoked unless the court shall find that the
16 offender has had the financial ability to make restitution,
17 and he has wilfully refused to do so. When the offender's
18 ability to pay restitution was established at the time an
19 order of restitution was entered or modified, or when the
20 offender's ability to pay was based on the offender's
21 willingness to make restitution as part of a plea agreement
22 made at the time the order of restitution was entered or
23 modified, there is a rebuttable presumption that the facts
24 and circumstances considered by the court at the hearing at
25 which the order of restitution was entered or modified
26 regarding the offender's ability or willingness to pay

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1 restitution have not materially changed. If the court shall
2 find that the defendant has failed to make restitution and
3 that the failure is not wilful, the court may impose an
4 additional period of time within which to make restitution.
5 The length of the additional period shall not be more than
6 2 years. The court shall retain all of the incidents of the
7 original sentence, including the authority to modify or
8 enlarge the conditions, and to revoke or further modify the
9 sentence if the conditions of payment are violated during
10 the additional period.
11 (j) The procedure upon the filing of a Petition to
12 Revoke a sentence to make restitution shall be the same as
13 the procedures set forth in Section 5-6-4 of this Code
14 governing violation, modification, or revocation of
15 Probation, of Conditional Discharge, or of Supervision.
16 (k) Nothing contained in this Section shall preclude
17 the right of any party to proceed in a civil action to
18 recover for any damages incurred due to the criminal
19 misconduct of the defendant.
20 (l) Restitution ordered under this Section shall not be
21 subject to disbursement by the circuit clerk under the
22 Criminal and Traffic Assessment Act Section 27.5 of the
23 Clerks of Courts Act.
24 (m) A restitution order under this Section is a
25 judgment lien in favor of the victim that:
26 (1) Attaches to the property of the person subject

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1 to the order;
2 (2) May be perfected in the same manner as provided
3 in Part 3 of Article 9 of the Uniform Commercial Code;
4 (3) May be enforced to satisfy any payment that is
5 delinquent under the restitution order by the person in
6 whose favor the order is issued or the person's
7 assignee; and
8 (4) Expires in the same manner as a judgment lien
9 created in a civil proceeding.
10 When a restitution order is issued under this Section,
11 the issuing court shall send a certified copy of the order
12 to the clerk of the circuit court in the county where the
13 charge was filed. Upon receiving the order, the clerk shall
14 enter and index the order in the circuit court judgment
15 docket.
16 (n) An order of restitution under this Section does not
17 bar a civil action for:
18 (1) Damages that the court did not require the
19 person to pay to the victim under the restitution order
20 but arise from an injury or property damages that is
21 the basis of restitution ordered by the court; and
22 (2) Other damages suffered by the victim.
23 The restitution order is not discharged by the completion
24of the sentence imposed for the offense.
25 A restitution order under this Section is not discharged by
26the liquidation of a person's estate by a receiver. A

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1restitution order under this Section may be enforced in the
2same manner as judgment liens are enforced under Article XII of
3the Code of Civil Procedure.
4 The provisions of Section 2-1303 of the Code of Civil
5Procedure, providing for interest on judgments, apply to
6judgments for restitution entered under this Section.
7(Source: P.A. 96-290, eff. 8-11-09; 96-1551, eff. 7-1-11;
897-482, eff. 1-1-12; 97-817, eff. 1-1-13; 97-1150, eff.
91-25-13.)
10 (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
11 Sec. 5-6-1. Sentences of Probation and of Conditional
12Discharge and Disposition of Supervision. The General Assembly
13finds that in order to protect the public, the criminal justice
14system must compel compliance with the conditions of probation
15by responding to violations with swift, certain and fair
16punishments and intermediate sanctions. The Chief Judge of each
17circuit shall adopt a system of structured, intermediate
18sanctions for violations of the terms and conditions of a
19sentence of probation, conditional discharge or disposition of
20supervision.
21 (a) Except where specifically prohibited by other