Public Act 100-0987

HB4594 Enrolled LRB100 17151 MRW 32305 b

AN ACT concerning fees, fines, and assessments.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Article 1. General Provisions

Section 1-1. Short title. This Act may be cited as the

Criminal and Traffic Assessment Act.

Section 1-5. Definitions. In this Act:

"Assessment" means any costs imposed on a defendant under

schedules 1 through 13 of this Act.

"Business offense" means a petty offense for which the fine

is in excess of $1,000.

"Case" means all charges and counts filed against a single

defendant which are being prosecuted as a single proceeding

before the court.

"Count" means each separate offense charged in the same

indictment, information, or complaint when the indictment,

information, or complaint alleges the commission of more than

one offense.

"Conservation offense" means any violation of the

following Acts, Codes, or ordinances, except any offense

punishable upon conviction by imprisonment in the

penitentiary:

(1) Fish and Aquatic Life Code;

(2) Wildlife Code;

(3) Boat Registration and Safety Act;

(4) Park District Code;

(5) Chicago Park District Act;

(6) State Parks Act;

(7) State Forest Act;

(8) Forest Fire Protection District Act;

(9) Snowmobile Registration and Safety Act;

(10) Endangered Species Protection Act;

(11) Forest Products Transportation Act;

(12) Timber Buyers Licensing Act;

(13) Downstate Forest Preserve District Act;

(14) Exotic Weed Act;

(15) Ginseng Harvesting Act;

(16) Cave Protection Act;

(17) ordinances adopted under the Counties Code for the

acquisition of property for parks or recreational areas;

(18) Recreational Trails of Illinois Act;

(19) Herptiles-Herps Act; or

(20) any rule, regulation, proclamation, or ordinance

adopted under any Code or Act named in paragraphs (1)

through (19) of this definition.

"Conviction" means a judgment of conviction or sentence

entered upon a plea of guilty or upon a verdict or finding of

guilty of an offense, rendered by a legally constituted jury or

by a court of competent jurisdiction authorized to try the case

without a jury.

"Drug offense" means any violation of the Cannabis Control

Act, the Illinois Controlled Substances Act, the

Methamphetamine Control and Community Protection Act, or any

similar local ordinance which involves the possession or

delivery of a drug.

"Drug-related emergency response" means the act of

collecting evidence from or securing a site where controlled

substances were manufactured, or where by-products from the

manufacture of controlled substances are present, and cleaning

up the site, whether these actions are performed by public

entities or private contractors paid by public entities.

"Electronic citation" means the process of transmitting

traffic, misdemeanor, municipal ordinance, conservation, or

other citations and law enforcement data via electronic means

to a circuit court clerk.

"Emergency response" means any incident requiring a

response by a police officer, an ambulance, a firefighter

carried on the rolls of a regularly constituted fire department

or fire protection district, a firefighter of a volunteer fire

department, or a member of a recognized not-for-profit rescue

or emergency medical service provider. "Emergency response"

does not include a drug-related emergency response.

"Felony offense" means an offense for which a sentence to a

term of imprisonment in a penitentiary for one year or more is

provided.

"Fine" means a pecuniary punishment for a conviction as

ordered by a court of law.

"Highest classified offense" means the offense in the case

which carries the most severe potential disposition under

Article 4.5 of the Unified Code of Corrections.

"Major traffic offense" means a traffic offense under the

Illinois Vehicle Code or a similar provision of a local

ordinance other than a petty offense or business offense.

"Minor traffic offense" means a petty offense or business

offense under the Illinois Vehicle Code or a similar provision

of a local ordinance.

"Misdemeanor offense" means any offense for which a

sentence to a term of imprisonment in other than a penitentiary

for less than one year may be imposed.

"Petty offense" means any offense for which a sentence of

imprisonment is not an authorized disposition.

"Service provider costs" means costs incurred as a result

of services provided by an entity including, but not limited

to, traffic safety programs, laboratories, ambulance

companies, and fire departments. "Service provider costs"

includes conditional amounts under this Act that are

reimbursements for services provided.

"Street value" means the amount determined by the court on

the basis of testimony of law enforcement personnel and the

defendant as to the amount of drug or materials seized and any

testimony as may be required by the court as to the current

street value of the cannabis, controlled substance,

methamphetamine or salt of an optical isomer of

methamphetamine, or methamphetamine manufacturing materials

seized.

"Supervision" means a disposition of conditional and

revocable release without probationary supervision, but under

the conditions and reporting requirements as are imposed by the

court, at the successful conclusion of which disposition the

defendant is discharged and a judgment dismissing the charges

is entered.

Article 5. Assessment Procedures

Section 5-5. Minimum fine. Unless otherwise specified by

law, the minimum fine for a conviction or supervision

disposition on a minor traffic offense is $25 and the minimum

fine for a conviction, supervision disposition, or violation

based upon a plea of guilty or finding of guilt for any other

offense is $75. If the court finds that the fine would impose

an undue burden on the victim, the court may reduce or waive

the fine. In this Section, "victim" shall not be construed to

include the defendant.

Section 5-10. Schedules; payment.

(a) In each case, the court shall order an assessment, as

set forth in this Act, for a defendant to pay in addition to

any fine, restitution, or forfeiture ordered by the court when

the defendant is convicted of, pleads guilty to, or is placed

on court supervision for a violation of a statute of this State

or a similar local ordinance. The court may order a fine,

restitution, or forfeiture on any violation that is being

sentenced but shall order only one assessment from the Schedule

of Assessments 1 through 13 of this Act for all sentenced

violations in a case, that being the schedule applicable to the

highest classified offense violation that is being sentenced,

plus any conditional assessments under Section 15-70 of this

Act applicable to any sentenced violation in the case.

(b) If the court finds that the schedule of assessments

will cause an undue burden on any victim in a case or if the

court orders community service or some other punishment in

place of the applicable schedule of assessments, the court may

reduce the amount set forth in the applicable schedule of

assessments or not order the applicable schedule of

assessments. If the court reduces the amount set forth in the

applicable schedule of assessments, then all recipients of the

funds collected will receive a prorated amount to reflect the

reduction.

(c) The court may order the assessments to be paid

forthwith or within a specified period of time or in

installments.

(c-3) Excluding any ordered conditional assessment, if the

assessment is not paid within the period of probation,

conditional discharge, or supervision to which the defendant

was originally sentenced, the court may extend the period of

probation, conditional discharge, or supervision under Section

5-6-2 or 5-6-3.1 of the Unified Code of Corrections, as

applicable, until the assessment is paid or until successful

completion of public or community service set forth in

subsection (b) of Section 5-20 of this Act or the successful

completion of the substance abuse intervention or treatment

program set forth in subsection (c-5) of this Section.

(c-5) Excluding any ordered conditional assessment, the

court may suspend the collection of the assessment; provided,

the defendant agrees to enter a substance abuse intervention or

treatment program approved by the court; and further provided

that the defendant agrees to pay for all or some portion of the

costs associated with the intervention or treatment program. In

this case, the collection of the assessment shall be suspended

during the defendant's participation in the approved

intervention or treatment program. Upon successful completion

of the program, the defendant may apply to the court to reduce

the assessment imposed under this Section by any amount

actually paid by the defendant for his or her participation in

the program. The court shall not reduce the assessment under

this subsection unless the defendant establishes to the

satisfaction of the court that he or she has successfully

completed the intervention or treatment program. If the

defendant's participation is for any reason terminated before

his or her successful completion of the intervention or

treatment program, collection of the entire assessment imposed

under this Act shall be enforced. Nothing in this Section shall

be deemed to affect or suspend any other fines, restitution

costs, forfeitures, or assessments imposed under this or any

other Act.

(d) Except as provided in Section 5-15 of this Act, the

defendant shall pay to the clerk of the court and the clerk

shall remit the assessment to the appropriate entity as set

forth in the ordered schedule of assessments within one month

of its receipt.

(e) Unless a court ordered payment schedule is implemented

or the assessment requirements of this Act are waived under a

court order, the clerk of the circuit court may add to any

unpaid assessments under this Act a delinquency amount equal to

5% of the unpaid assessments that remain unpaid after 30 days,

10% of the unpaid assessments that remain unpaid after 60 days,

and 15% of the unpaid assessments that remain unpaid after 90

days. Notice to those parties may be made by signage posting or

publication. The additional delinquency amounts collected

under this Section shall be used to defray additional

administrative costs incurred by the clerk of the circuit court

in collecting unpaid assessments.

Section 5-15. Service provider costs. Unless otherwise

provided in Article 15 of this Act, the defendant shall pay

service provider costs to the entity that provided the service.

Service provider costs are not eligible for credit for time

served, substitution of community service, or waiver. The

circuit court may, through administrative order or local rule,

appoint the clerk of the court as the receiver and remitter of

certain service provider costs, which may include, but are not

limited to, probation fees, traffic school fees, or drug or

alcohol testing fees.

Section 5-20. Credit; time served; community service.

(a) Any credit for time served prior to sentencing that

reduces the amount a defendant is required to pay shall be

deducted first from the fine, if any, ordered by the court. Any

remainder of the credit shall be equally divided between the

assessments indicated in the ordered schedule and conditional

assessments.

(b) Excluding any ordered conditional assessment, a

defendant who has been ordered to pay an assessment may

petition the court to convert all or part of the assessment

into court-approved public or community service. One hour of

public or community service shall be equivalent to $4 of

assessment. The performance of this public or community service

shall be a condition of probation, conditional discharge, or

supervision and shall be in addition to the performance of any

other period of public or community service ordered by the

court or required by law.

Article 10. Funds

Section 10-5. Funds.

(a) All money collected by the Clerk of the Circuit Court

under Article 15 of this Act shall be remitted as directed in

Article 15 of this Act to the county treasurer, to the State

Treasurer, and to the treasurers of the units of local

government. If an amount payable to any of the treasurers is

less than $10, the clerk may postpone remitting the money until

$10 has accrued or by the end of fiscal year. The treasurers

shall deposit the money as indicated in the schedules, except

in a county with a population of over 3,000,000 monies remitted

to the county treasurer shall be subject to appropriation by

the county board. Any amount retained by the Clerk of the

Circuit Court in a county with population of over 3,000,000

shall be subject to appropriation by the county board.

(b) The county treasurer or the treasurer of the unit of

local government may create the funds indicated in paragraphs

(1) through (5), (9), and (16) of subsection (d) of this

Section, if not already in existence. If a county or unit of

local government has not instituted, and does not plan to

institute a program that uses a particular fund, the treasurer

need not create the fund and may instead deposit the money

intended for the fund into the general fund of the county or

unit of local government for use in financing the court system.

(c) If the arresting agency is a State agency, the

arresting agency portion shall be remitted by the clerk of

court to the State Treasurer who shall deposit the portion as

follows:

(1) if the arresting agency is the Department of State

Police, into the State Police Law Enforcement

Administration Fund;

(2) if the arresting agency is the Department of

Natural Resources, into the Conservation Police Operations

Assistance Fund;

(3) if the arresting agency is the Secretary of State,

into the Secretary of State Police Services Fund; and

(4) if the arresting agency is the Illinois Commerce

Commission, into the Public Utility Fund.

(d) Fund descriptions and provisions:

(1) The Court Automation Fund is to defray the expense,

borne by the county, of establishing and maintaining

automated record keeping systems in the Office of the Clerk

of the Circuit Court. The money shall be remitted monthly

by the clerk to the county treasurer and identified as

funds for the Circuit Court Clerk. The fund shall be

audited by the county auditor, and the board shall make

expenditures from the fund in payment of any costs related

to the automation of court records including hardware,

software, research and development costs, and personnel

costs related to the foregoing, provided that the

expenditure is approved by the clerk of the court and by

the chief judge of the circuit court or his or her

designee.

(2) The Document Storage Fund is to defray the expense,

borne by the county, of establishing and maintaining a

document storage system and converting the records of the

circuit court clerk to electronic or micrographic storage.

The money shall be remitted monthly by the clerk to the

county treasurer and identified as funds for the circuit

court clerk. The fund shall be audited by the county

auditor, and the board shall make expenditure from the fund

in payment of any cost related to the storage of court

records, including hardware, software, research and

development costs, and personnel costs related to the

foregoing, provided that the expenditure is approved by the

clerk of the court.

(3) The Circuit Clerk Operations and Administration

Fund is to defray the expenses incurred for collection and

disbursement of the various assessment schedules. The

money shall be remitted monthly by the clerk to the county

treasurer and identified as funds for the circuit court

clerk.

(4) The State's Attorney Records Automation Fund is to

defray the expense of establishing and maintaining

automated record keeping systems in the offices of the

State's Attorney. The money shall be remitted monthly by

the clerk to the county treasurer for deposit into the

State's Attorney Records Automation Fund. Expenditures

from this fund may be made by the State's Attorney for

hardware, software, and research and development related

to automated record keeping systems.

(5) The Public Defender Records Automation Fund is to

defray the expense of establishing and maintaining

automated record keeping systems in the offices of the

Public Defender. The money shall be remitted monthly by the

clerk to the county treasurer for deposit into the Public

Defender Records Automation Fund. Expenditures from this

fund may be made by the Public Defender for hardware,

software, and research and development related to

automated record keeping systems.

(6) The DUI Fund shall be used for enforcement and

prevention of driving while under the influence of alcohol,

other drug or drugs, intoxicating compound or compounds or

any combination thereof, as defined by Section 11-501 of

the Illinois Vehicle Code, including, but not limited to,

the purchase of law enforcement equipment and commodities

that will assist in the prevention of alcohol-related

criminal violence throughout the State; police officer

training and education in areas related to alcohol related

crime, including, but not limited to, DUI training; and

police officer salaries, including, but not limited to,

salaries for hire back funding for safety checkpoints,

saturation patrols, and liquor store sting operations. Any

moneys received by the Department of State Police shall be

deposited into the State Police Operations Assistance Fund

and those moneys and moneys in the State Police DUI Fund

shall be used to purchase law enforcement equipment that

will assist in the prevention of alcohol related criminal

violence throughout the State. The money shall be remitted

monthly by the clerk to the State or local treasurer for

deposit as provided by law.

(7) The Trauma Center Fund shall be distributed as

provided under Section 3.225 of the Emergency Medical

Services (EMS) Systems Act.

(8) The Probation and Court Services Fund is to be

expended as described in Section 15.1 of the Probation and

Probation Officers Act.

(9) The Circuit Court Clerk Electronic Citation Fund

shall have the Circuit Court Clerk as the custodian, ex

officio, of the Fund and shall be used to perform the

duties required by the office for establishing and

maintaining electronic citations. The Fund shall be

audited by the county's auditor.

(10) The Drug Treatment Fund is a special fund in the

State treasury. Moneys in the Fund shall be expended as

provided in Section 411.2 of the Illinois Controlled

Substances Act.

(11) The Violent Crime Victims Assistance Fund is a

special fund in the State treasury to provide moneys for

the grants to be awarded under the Violent Crime Victims

Assistance Act.

(12) The Criminal Justice Information Projects Fund

shall be appropriated to and administered by the Illinois

Criminal Justice Information Authority for distribution to

fund Department of State Police drug task forces and

Metropolitan Enforcement Groups, for the costs associated

with making grants from the Prescription Pill and Drug

Disposal Fund, for undertaking criminal justice

information projects, and for the operating and other

expenses of the Authority incidental to those criminal

justice information projects. The moneys deposited into

the Criminal Justice Information Projects Fund under

Sections 15-15 and 15-35 of this Act shall be appropriated

to and administered by the Illinois Criminal Justice

Information Authority for distribution to fund Department

of State Police drug task forces and Metropolitan

Enforcement Groups by dividing the funds equally by the

total number of Department of State Police drug task forces

and Illinois Metropolitan Enforcement Groups.

(13) The Sexual Assault Services Fund shall be

appropriated to the Department of Public Health. Upon

appropriation of moneys from the Sexual Assault Services

Fund, the Department of Public Health shall make grants of

these moneys to sexual assault organizations with whom the

Department has contracts for the purpose of providing

community-based services to victims of sexual assault.

Grants are in addition to, and are not substitutes for,

other grants authorized and made by the Department.

(14) The County Jail Medical Costs Fund is to help

defray the costs outlined in Section 17 of the County Jail

Act. Moneys in the Fund shall be used solely for

reimbursement to the county of costs for medical expenses

and administration of the Fund.

(15) The Prisoner Review Board Vehicle and Equipment

Fund is a special fund in the State treasury. The Prisoner

Review Board shall, subject to appropriation by the General

Assembly and approval by the Secretary, use all moneys in

the Prisoner Review Board Vehicle and Equipment Fund for

the purchase and operation of vehicles and equipment.

(16) In each county in which a Children's Advocacy

Center provides services, a Child Advocacy Center Fund,

specifically for the operation and administration of the

Children's Advocacy Center, from which the county board

shall make grants to support the activities and services of

the Children's Advocacy Center within that county.

Article 15. Assessment Schedules

Section 15-5. SCHEDULE 1; generic felony offenses.

SCHEDULE 1: Unless assessments are imposed by the court under

another schedule of this Act, for a felony offense, the Clerk

of the Circuit Court shall collect $549 and remit as follows:

(1) As the county's portion, $354 to the county treasurer,

who shall deposit the money as follows:

(A) $20 into the Court Automation Fund;

(B) $20 into the Court Document Storage Fund;

(C) $5 into the Circuit Court Clerk Operation and

Administrative Fund;

(D) $255 into the county's General Fund;

(E) $10 into the Child Advocacy Center Fund;

(F) $2 into the State's Attorney Records Automation

Fund;

(G) $2 into the Public Defender Records Automation

Fund;

(H) $20 into the County Jail Medical Costs Fund; and

(I) $20 into the Probation and Court Services Fund.

(2) As the State's portion, $195 to the State Treasurer,

who shall deposit the money as follows:

(A) $50 into the State Police Operations Assistance

Fund;

(B) $100 into the Violent Crime Victims Assistance

Fund;

(C) $10 into the State Police Merit Board Public Safety

Fund; and

(D) $35 into the Traffic and Criminal Conviction

Surcharge Fund.

Section 15-10. SCHEDULE 2; felony DUI offenses. SCHEDULE 2:

For a felony under Section 11-501 of the Illinois Vehicle Code,

Section 5-7 of the Snowmobile Registration and Safety Act,

Section 5-16 of the Boat Registration and Safety Act, or a

similar provision of a local ordinance, the Clerk of the

Circuit Court shall collect $1,709 and remit as follows:

(1) As the county's portion, $399 to the county treasurer,

who shall deposit the money as follows:

(A) $20 into the Court Automation Fund;

(B) $20 into the Court Document Storage Fund;

(C) $5 into the Circuit Court Clerk Operation and

Administrative Fund;

(D) $300 into the county's General Fund;

(E) $10 into the Child Advocacy Center Fund;

(F) $2 into the State's Attorney Records Automation

Fund;

(G) $2 into the Public Defender Records Automation

Fund;

(H) $20 into the County Jail Medical Costs Fund; and

(I) $20 into the Probation and Court Services Fund.

(2) As the State's portion, $1,110 to the State Treasurer,

who shall deposit the money as follows:

(A) $730 into the State Police Operations Assistance

Fund;

(B) $5 into the Drivers Education Fund;

(C) $100 into the Trauma Center Fund;

(D) $5 into the Spinal Cord Injury Paralysis Cure

Research Trust Fund;

(E) $5 into the State Police Merit Board Public Safety

Fund;

(F) $160 into the Traffic and Criminal Conviction

Surcharge Fund;

(G) $5 into the Law Enforcement Camera Grant Fund; and

(H) $100 into the Violent Crime Victims Assistance

Fund.

(3) As the arresting agency's portion, $200 to the

treasurer of the unit of local government of the arresting

agency, who shall deposit the money into the DUI Fund of that

unit of local government or as provided in subsection (c) of

Section 10-5 of this Act if the arresting agency is a State

agency, unless more than one agency is responsible for the

arrest in which case the amount shall be remitted to each unit

of government equally.

Section 15-15. SCHEDULE 3; felony drug offenses. SCHEDULE

3: For a felony under the Illinois Controlled Substances Act,

the Cannabis Control Act, or the Methamphetamine Control and

Community Protection Act, the Clerk of the Circuit Court shall

collect $2,215 and remit as follows:

(1) As the county's portion, $354 to the county treasurer,

who shall deposit the money as follows:

(A) $20 into the Court Automation Fund;

(B) $20 into the Court Document Storage Fund;

(C) $5 into the Circuit Court Clerk Operation and

Administrative Fund;

(D) $255 into the county's General Fund;

(E) $10 into the Child Advocacy Center Fund;

(F) $2 into the State's Attorney Records Automation

Fund;

(G) $2 into the Public Defender Records Automation

Fund;

(H) $20 into the County Jail Medical Costs Fund; and

(I) $20 into the Probation and Court Services Fund.

(2) As the State's portion, $1,861 to the State Treasurer,

who shall deposit the money as follows:

(A) $50 into the State Police Operations Assistance

Fund;

(B) $100 into the Violent Crime Victims Assistance

Fund;

(C) $100 into the Trauma Center Fund; and

(D) $5 into the Spinal Cord Injury Paralysis Cure

Research Trust Fund;

(E) $1,500 into the Drug Treatment Fund;

(F) $5 into the State Police Merit Board Public Safety

Fund;

(G) $38 into the Prescription Pill and Drug Disposal

Fund;

(H) $28 into the Criminal Justice Information Projects

Fund; and

(I) $35 into the Traffic and Criminal Conviction

Surcharge Fund.

Section 15-20. SCHEDULE 4; felony sex offenses. SCHEDULE 4:

For a felony or attempted felony under Article 11 or Section

12-33 of the Criminal Code of 2012, the Clerk of the Circuit

Court shall collect $1,314 and remit as follows:

(1) As the county's portion, $354 to the county treasurer,

who shall deposit the money as follows:

(A) $20 into the Court Automation Fund;

(B) $20 into the Court Document Storage Fund;

(C) $5 into the Circuit Court Clerk Operation and

Administrative Fund;

(D) $255 into the county's General Fund;

(E) $10 into the Child Advocacy Center Fund;

(F) $2 into the State's Attorney Records Automation

Fund;

(G) $2 into the Public Defender Records Automation

Fund;

(H) $20 into the County Jail Medical Costs Fund; and

(I) $20 into the Probation and Court Services Fund.

(2) As the State's portion, $960 to the State Treasurer,

who shall deposit the money as follows:

(A) $520 into the State Police Operations Assistance

Fund;

(B) $100 into the Violent Crime Victims Assistance

Fund;

(C) $200 into the Sexual Assault Services Fund;

(D) $100 into the Domestic Violence Shelter and

Services Fund;

(E) $5 into the State Police Merit Board Public Safety

Fund; and

(F) $35 into the Traffic and Criminal Conviction

Surcharge Fund.

Section 15-25. SCHEDULE 5; generic misdemeanor offenses.

SCHEDULE 5: Unless assessments are imposed under another

schedule of this Act, for a misdemeanor offense, the Clerk of

the Circuit Court shall collect $439 and remit as follows:

(1) As the county's portion, $282 to the county treasurer,

who shall deposit the money as follows:

(A) $20 into the Court Automation Fund;

(B) $20 into the Court Document Storage Fund;

(C) $5 into the Circuit Court Clerk Operation and

Administrative Fund;

(D) $8 into the Circuit Court Clerk Electronic Citation

Fund;

(E) $185 into the county's General Fund;

(F) $10 into the Child Advocacy Center Fund;

(G) $2 into the State's Attorney Records Automation

Fund;

(H) $2 into the Public Defender Records Automation

Fund;

(I) $10 into the County Jail Medical Costs Fund; and

(J) $20 into the Probation and Court Services Fund.

(2) As the State's portion, $155 to the State Treasurer,

who shall deposit the money as follows:

(A) $50 into the State Police Operations Assistance

Fund;

(B) $10 into the State Police Merit Board Public Safety

Fund;

(C) $75 into the Violent Crime Victims Assistance Fund;

and

(D) $20 into the Traffic and Criminal Conviction

Surcharge Fund.

(3) As the arresting agency's portion, $2, to the treasurer

of the unit of local government of the arresting agency, who

shall deposit the money into the E-citation Fund of that unit

of local government or as provided in subsection (c) of Section

10-5 of this Act if the arresting agency is a State agency,

unless more than one agency is responsible for the arrest in

which case the amount shall be remitted to each unit of

government equally.

Section 15-30. SCHEDULE 6; misdemeanor DUI offenses.

SCHEDULE 6: For a misdemeanor under Section 11-501 of the

Illinois Vehicle Code, Section 5-7 of the Snowmobile

Registration and Safety Act, Section 5-16 of the Boat

Registration and Safety Act, or a similar provision of a local

ordinance, the Clerk of the Circuit Court shall collect $1,381

and remit as follows:

(1) As the county's portion, $322 to the county treasurer,

who shall deposit the money as follows:

(A) $20 into the Court Automation Fund;

(B) $20 into the Court Document Storage Fund;

(C) $5 into the Circuit Court Clerk Operation and

Administrative Fund;

(D) $8 into the Circuit Court Clerk Electronic Citation

Fund;

(E) $225 into the county's General Fund;

(F) $10 into the Child Advocacy Center Fund;

(G) $2 into the State's Attorney Records Automation

Fund;

(H) $2 into the Public Defenders Records Automation

Fund;

(I) $10 into the County Jail Medical Costs Fund; and

(J) $20 into the Probation and Court Services Fund.

(2) As the State's portion, $707 to the State Treasurer,

who shall deposit the money as follows:

(A) $330 into the State Police Operations Assistance

Fund;

(B) $5 into the Drivers Education Fund;

(C) $5 into the State Police Merit Board Public Safety

Fund;

(D) $100 into the Trauma Center Fund;

(E) $5 into the Spinal Cord Injury Paralysis Cure

Research Trust Fund;

(F) $22 into the Fire Prevention Fund;

(G) $160 into the Traffic and Criminal Conviction

Surcharge Fund;

(H) $5 into the Law Enforcement Camera Grant Fund; and

(I) $75 into the Violent Crime Victims Assistance Fund.

(3) As the arresting agency's portion, $352 as follows,

unless more than one agency is responsible for the arrest in

which case the amount shall be remitted to each unit of

government equally:

(A) if the arresting agency is a local agency to the

treasurer of the unit of local government of the arresting

agency, who shall deposit the money as follows:

(i) $2 into the E-citation Fund of the unit of

local government; and

(ii) $350 into the DUI Fund of the unit of local

government; or

(B) as provided in subsection (c) of Section 10-5 of

this Act if the arresting agency is a State agency.

Section 15-35. SCHEDULE 7; misdemeanor drug offenses.

SCHEDULE 7: For a misdemeanor under the Illinois Controlled

Substances Act, the Cannabis Control Act, or the

Methamphetamine Control and Community Protection Act, the

Clerk of the Circuit Court shall collect $905 and remit as

follows:

(1) As the county's portion, $282 to the county treasurer,

who shall deposit the money as follows:

(A) $20 into the Court Automation Fund;

(B) $20 into the Court Document Storage Fund;

(C) $5 into the Circuit Court Clerk Operation and

Administrative Fund;

(D) $8 into the Circuit Court Clerk Electronic Citation

Fund;

(E) $185 into the county's General Fund;

(F) $10 into the Child Advocacy Center Fund;

(G) $2 into the State's Attorney Records Automation

Fund;

(H) $2 into the Public Defenders Records Automation

Fund;

(I) $10 into the County Jail Medical Costs Fund; and

(J) $20 into the Probation and Court Services Fund.

(2) As the State's portion, $621 to the State Treasurer,

who shall deposit the money as follows:

(A) $50 into the State Police Operations Assistance

Fund;

(B) $75 into the Violent Crime Victims Assistance Fund;

(C) $100 into the Trauma Center Fund;

(D) $5 into the Spinal Cord Injury Paralysis Cure

Research Trust Fund;

(E) $300 into the Drug Treatment Fund;

(F) $38 into the Prescription Pill and Drug Disposal

Fund;

(G) $28 into the Criminal Justice Information Projects

Fund;

(H) $5 into the State Police Merit Board Public Safety

Fund; and

(I) $20 into the Traffic and Criminal Conviction

Surcharge Fund.

(3) As the arresting agency's portion, $2, to the treasurer

of the unit of local government of the arresting agency, who

shall deposit the money into the E-citation Fund of that unit

of local government or as provided in subsection (c) of Section

10-5 of this Act if the arresting agency is a State agency,

unless more than one agency is responsible for the arrest in

which case the amount shall be remitted to each unit of

government equally.

Section 15-40. SCHEDULE 8; misdemeanor sex offenses.

SCHEDULE 8: For a misdemeanor or attempted misdemeanor under

Article 11 of the Criminal Code of 2012, the Clerk of the

Circuit Court shall collect $1,184 and remit as follows:

(1) As the county's portion, $282 to the county treasurer,

who shall deposit the money as follows:

(A) $20 into the Court Automation Fund;

(B) $20 into the Court Document Storage Fund;

(C) $5 into the Circuit Court Clerk Operation and

Administrative Fund;

(D) $8 into the Circuit Court Clerk Electronic Citation

Fund;

(E) $185 into the county's General Fund;

(F) $10 into the Child Advocacy Center Fund;

(G) $2 into the State's Attorney Records Automation

Fund;

(H) $2 into the Public Defenders Records Automation

Fund;

(I) $10 into the County Jail Medical Costs Fund; and

(J) $20 into the Probation and Court Services Fund.

(2) As the State's portion, $900 to the State Treasurer,

who shall deposit the money as follows:

(A) $500 into the State Police Operations Assistance

Fund;

(B) $75 into the Violent Crime Victims Assistance Fund;

(C) $200 into the Sexual Assault Services Fund;

(D) $100 into the Domestic Violence Shelter and Service

Fund;

(E) $5 into the State Police Merit Board Public Safety

Fund; and

(F) $20 into the Traffic and Criminal Conviction

Surcharge Fund.

(3) As the arresting agency's portion, $2, to the treasurer

of the unit of local government of the arresting agency, who

shall deposit the money into the E-citation Fund of that unit

of local government or as provided in subsection (c) of Section

10-5 of this Act if the arresting agency is a State agency,

unless more than one agency is responsible for the arrest in

which case the amount shall be remitted to each unit of

government equally.

Section 15-45. SCHEDULE 9; major traffic offenses.

SCHEDULE 9: For a major traffic offense, the Clerk of the

Circuit Court shall collect $325 plus, if applicable, the

amount established under paragraph (1.5) of this Section and

remit as follows:

(1) As the county's portion, $203 to the county treasurer,

who shall deposit the money as follows:

(A) $20 into the Court Automation Fund;

(B) $20 into the Court Document Storage Fund;

(C) $5 into the Circuit Court Clerk Operation and

Administrative Fund;

(D) $8 into the Circuit Court Clerk Electronic Citation

Fund; and

(E) $150 into the county's General Fund.

(1.5) In a county with a population of 3,000,000 or more,

the county board may by ordinance or resolution establish an

additional assessment not to exceed $37 to be remitted to the

county treasurer of which $5 shall be deposited into the Court

Automation Fund, $5 shall be deposited into the Court Document

Storage Fund, $2 shall be deposited into the State's Attorneys

Records Automation Fund, $2 shall be deposited into the Public

Defenders Records Automation Fund, $10 shall be deposited into

the Probation and Court Services Fund, and the remainder shall

be used for purposes related to the operation of the court

system.

(2) As the State's portion, $97 to the State Treasurer, who

shall deposit the money as follows:

(A) $20 into the State Police Operations Assistance

Fund;

(B) $5 into the Drivers Education Fund;

(C) $5 into the State Police Merit Board Public Safety

Fund;

(D) $22 into the Fire Prevention Fund;

(E) $40 into the Traffic and Criminal Conviction

Surcharge Fund; and

(F) $5 into the Violent Crime Victims Assistance Fund.

(3) As the arresting agency's portion, $25, to the

treasurer of the unit of local government of the arresting

agency, who shall deposit the money as follows:

(A) $2 into the E-citation Fund of that unit of local

government or as provided in subsection (c) of Section 10-5

of this Act if the arresting agency is a State agency,

unless more than one agency is responsible for the arrest

in which case the amount shall be remitted to each unit of

government equally.

(B) $23 into the General Fund of that unit of local

government or as provided in subsection (c) of Section 10-5

of this Act if the arresting agency is a State agency,

unless more than one agency is responsible for the arrest

in which case the amount shall be remitted to each unit of

government equally.

Section 15-50. SCHEDULE 10; minor traffic offenses.

SCHEDULE 10: For a minor traffic offense, the Clerk of the

Circuit Court shall collect $226 plus, if applicable, the

amount established under paragraph (1.5) of this Section and

remit as follows:

(1) As the county's portion, $168 to the county treasurer,

who shall deposit the money as follows:

(A) $20 into the Court Automation Fund;

(B) $20 into the Court Document Storage Fund;

(C) $5 into the Circuit Court Clerk Operation and

Administrative Fund;

(D) $8 into the Circuit Court Clerk Electronic Citation

Fund; and

(E) $115 into the county's General Fund.

(1.5) In a county with a population of 3,000,000 or more,

the county board may by ordinance or resolution establish an

additional assessment not to exceed $28 to be remitted to the

county treasurer of which $5 shall be deposited into the Court

Automation Fund, $5 shall be deposited into the Court Document

Storage Fund, $2 shall be deposited into the State's Attorneys

Records Automation Fund, $2 shall be deposited into the Public

Defenders Records Automation Fund, $10 shall be deposited into

the Probation and Court Services Fund, and the remainder shall

be used for purposes related to the operation of the court

system.

(2) As the State's portion, $46 to the State Treasurer, who

shall deposit the money as follows:

(A) $10 into the State Police Operations Assistance

Fund;

(B) $5 into the State Police Merit Board Public Safety

Fund;

(C) $4 into the Drivers Education Fund;

(D) $20 into the Traffic and Criminal Conviction

Surcharge Fund;

(E) $4 into the Law Enforcement Camera Grant Fund; and

(F) $3 into the Violent Crime Victims Assistance Fund.

(3) As the arresting agency's portion, $12, to the

treasurer of the unit of local government of the arresting

agency, who shall deposit the money as follows:

(A) $2 into the E-citation Fund of that unit of local

government or as provided in subsection (c) of Section 10-5

of this Act if the arresting agency is a State agency,

unless more than one agency is responsible for the arrest

in which case the amount shall be remitted to each unit of

government equally.

(B) $10 into the General Fund of that unit of local

government or as provided in subsection (c) of Section 10-5

of this Act if the arresting agency is a State agency,

unless more than one agency is responsible for the arrest

in which case the amount shall be remitted to each unit of

government equally.

Section 15-52. SCHEDULE 10.5; truck weight and load

offenses.

SCHEDULE 10.5: For an offense under paragraph (1), (2), or (3)

of subsection (d) of Section 3-401 or Section 15-111 of the

Illinois Vehicle Code, the Clerk of the Circuit Court shall

collect $260 and remit as follows:

(1) As the county's portion, $168 to the county treasurer,

who shall deposit the money as follows:

(A) $20 into the Court Automation Fund;

(B) $20 into the Court Document Storage Fund;

(C) $5 into the Circuit Court Clerk Operation and

Administrative Fund;

(D) $8 into the Circuit Court Clerk Electronic Citation

Fund; and

(E) $115 into the county's General Fund.

(2) As the State's portion, $92 to the State Treasurer, who

shall deposit the money as follows:

(A) $31 into the State Police Merit Board Public Safety

Fund, regardless of the type of overweight citation or

arresting law enforcement agency;

(B) $31 into the Traffic and Criminal Conviction

Surcharge Fund; and

(C) $30 to the State Police Operations Assistance Fund.

Section 15-55. SCHEDULE 11; conservation offenses.

SCHEDULE 11: For a conservation offense, the Clerk of the

Circuit Court shall collect $195 and remit as follows:

(1) As the county's portion, $168, to the county treasurer,

who shall deposit the money as follows:

(A) $20 into the Court Automation Fund;

(B) $20 into the Court Document Storage Fund;

(C) $5 into the Circuit Court Clerk Operation and

Administrative Fund;

(D) $8 into the Circuit Court Clerk Electronic Citation

Fund; and

(E) $115 into the county's General Fund.

(2) As the State's portion, $25, to the State Treasurer,

who shall deposit the money into the Conservation Police

Operations Assistance Fund.

(3) As the arresting agency's portion, $2, to the treasurer

of the unit of local government of the arresting agency, who

shall deposit the money into the E-citation Fund of that unit

of local government or as provided in subsection (c) of Section

10-5 of this Act if the arresting agency is a State agency,

unless more than one agency is responsible for the arrest in

which case the amount shall be remitted to each unit of

government equally.

Section 15-60. SCHEDULE 12; dispositions under Supreme

Court Rule 529. SCHEDULE 12: For a disposition under Supreme

Court Rule 529, the Clerk of the Circuit Court shall collect

$164 and remit as follows:

(1) As the county's portion, $100, to the county treasurer,

who shall deposit the money as follows:

(A) $20 into the Court Automation Fund;

(B) $20 into the Court Document Storage Fund;

(C) $5 into the Circuit Court Clerk Operation and

Administrative Fund;

(D) $8 into the Circuit Court Clerk Electronic Citation

Fund; and

(E) $47 into the county's General Fund.

(2) As the State's portion, $14 to the State Treasurer, who

shall deposit the money as follows:

(A) $3 into the Drivers Education Fund;

(B) $2 into the State Police Merit Board Public Safety

Fund;

(C) $4 into the Traffic and Criminal Conviction

Surcharge Fund;

(D) $1 into the Law Enforcement Camera Grant Fund; and

(E) $4 into the Violent Crime Victims Assistance Fund.

(3) As the arresting agency's portion, $50 as follows,

unless more than one agency is responsible for the arrest in

which case the amount shall be remitted to each unit of

government equally:

(A) if the arresting agency is a local agency to the

treasurer of the unit of local government of the arresting

agency, who shall deposit the money as follows:

(i) $2 into the E-citation Fund of the unit of

local government; and

(ii) $48 into the General Fund of the unit of local

government; or

(B) as provided in subsection (c) of Section 10-5 of

this Act if the arresting agency is a State agency.

Section 15-65. SCHEDULE 13; non-traffic violations.

SCHEDULE 13: For a petty offense, business offense, or

non-traffic ordinance violation, the Clerk of the Circuit Court

shall collect $100 and remit as follows:

(1) As the county's portion, $75, to the county treasurer,

who shall deposit the money as follows:

(A) $20 into the Court Automation Fund;

(B) $20 into the Court Document Storage Fund;

(C) $5 into the Circuit Court Clerk Operation and

Administrative Fund;

(D) $8 into the Circuit Court Clerk Electronic Citation

Fund; and

(E) $22 into the county's General Fund.

(2) As the arresting agency's portion, $25 as follows,

unless more than one agency is responsible for the arrest in

which case the amount shall be remitted to each unit of

government equally:

(A) if the arresting agency is a local agency to the

treasurer of the unit of local government of the arresting

agency, who shall deposit the money as follows:

(i) $2 into the E-citation Fund of the unit of

local government; and

(ii) $23 into the General Fund of the unit of local

government; or

(B) as provided in subsection (c) of Section 10-5 of

this Act if the arresting agency is a State agency.

Section 15-70. Conditional Assessments.

In addition to payments under one of the Schedule of

Assessments 1 through 13 of this Act, the court shall also

order payment of any of the following conditional assessment

amounts for each sentenced violation in the case to which a

conditional assessment is applicable, which shall be collected

and remitted by the Clerk of the Circuit Court as provided in

this Section:

(1) arson, residential arson, or aggravated arson,

$500 per conviction to the State Treasurer for deposit into

the Fire Prevention Fund;

(2) child pornography under Section 11-20.1 of the

Criminal Code of 1961 or the Criminal Code of 2012, $500

per conviction, unless more than one agency is responsible

for the arrest in which case the amount shall be remitted

to each unit of government equally:

(A) if the arresting agency is an agency of a unit

of local government $500 to the treasurer of the unit

of local government for deposit into the unit of local

government's General Fund, except that if the

Department of State Police provides digital or

electronic forensic examination assistance, or both,

to the arresting agency then $100 to the State

Treasurer for deposit into the State Crime Laboratory

Fund; or

(B) if the arresting agency is the Department of

State Police remitted to the State Treasurer for

deposit into the State Crime Laboratory Fund;

(3) crime laboratory drug analysis for a drug-related

offense involving possession or delivery of cannabis or

possession or delivery of a controlled substance as defined

in the Cannabis Control Act, the Illinois Controlled

Substances Act, or the Methamphetamine Control and

Community Protection Act, $100 reimbursement for

laboratory analysis, as set forth in subsection (f) of

Section 5-9-1.4 of the Unified Code of Corrections;

(4) DNA analysis, $250 on each conviction in which it

was used to the State Treasurer for deposit into the State

Offender DNA Identification System Fund as set forth in

Section 5-4-3 of the Unified Code of Corrections;

(5) DUI analysis, $150 on each sentenced violation in

which it was used as set forth in subsection (f) of Section

5-9-1.9 of the Unified Code of Corrections;

(6) drug-related offense involving possession or

delivery of cannabis or possession or delivery of a

controlled substance, other than methamphetamine, as

defined in the Cannabis Control Act or the Illinois

Controlled Substances Act, an amount not less than the full

street value of the cannabis or controlled substance seized

for each conviction to be disbursed as follows:

(A)12.5% of the street value assessment shall be

paid into the Youth Drug Abuse Prevention Fund, to be

used by the Department of Human Services for the

funding of programs and services for drug-abuse

treatment, and prevention and education services;

(B)37.5% to the county in which the charge was

prosecuted, to be deposited into the county General

Fund;

(C)50% to the treasurer of the arresting law

enforcement agency of the municipality or county, or to

the State Treasurer if the arresting agency was a state

agency;

(D)if the arrest was made in combination with

multiple law enforcement agencies, the clerk shall

equitably allocate the portion in subparagraph (C) of

this paragraph (6) among the law enforcement agencies

involved in the arrest;

(6.5) Kane County or Will County, in felony,

misdemeanor, local or county ordinance, traffic, or

conservation cases, up to $30 as set by the county board

under Section 5-1101.3 of the Counties Code upon the entry

of a judgment of conviction, an order of supervision, or a

sentence of probation without entry of judgment under

Section 10 of the Cannabis Control Act, Section 410 of the

Illinois Controlled Substances Act, Section 70 of the

Methamphetamine Control and Community Protection Act,

Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of

the Criminal Code of 1961 or the Criminal Code of 2012,

Section 10-102 of the Illinois Alcoholism and Other Drug

Dependency Act, or Section 10 of the Steroid Control Act;

except in local or county ordinance, traffic, and

conservation cases, if fines are paid in full without a

court appearance, then the assessment shall not be imposed

or collected. Distribution of assessments collected under

this paragraph (6.5) shall be as provided in Section

5-1101.3 of the Counties Code;

(7) methamphetamine-related offense involving

possession or delivery of methamphetamine or any salt of an

optical isomer of methamphetamine or possession of a

methamphetamine manufacturing material as set forth in

Section 10 of the Methamphetamine Control and Community

Protection Act with the intent to manufacture a substance

containing methamphetamine or salt of an optical isomer of

methamphetamine, an amount not less than the full street

value of the methamphetamine or salt of an optical isomer

of methamphetamine or methamphetamine manufacturing

materials seized for each conviction to be disbursed as

follows:

(A)12.5% of the street value assessment shall be

paid into the Youth Drug Abuse Prevention Fund, to be

used by the Department of Human Services for the

funding of programs and services for drug-abuse

treatment, and prevention and education services;

(B)37.5% to the county in which the charge was

prosecuted, to be deposited into the county General

Fund;

(C)50% to the treasurer of the arresting law

enforcement agency of the municipality or county, or to

the State Treasurer if the arresting agency was a state

agency;

(D)if the arrest was made in combination with

multiple law enforcement agencies, the clerk shall

equitably allocate the portion in subparagraph (C) of

this paragraph (6) among the law enforcement agencies

involved in the arrest;

(8) order of protection violation under Section 12-3.4

of the Criminal Code of 2012, $200 for each conviction to

the county treasurer for deposit into the Probation and

Court Services Fund for implementation of a domestic

violence surveillance program and any other assessments or

fees imposed under Section 5-9-1.16 of the Unified Code of

Corrections;

(9) order of protection violation, $25 for each

violation to the State Treasurer, for deposit into the

Domestic Violence Abuser Services Fund;

(10) prosecution by the State's Attorney of a:

(A) petty or business offense, $4 to the county

treasurer of which $2 deposited into the State's

Attorney Records Automation Fund and $2 into the Public

Defender Records Automation Fund;

(B) conservation or traffic offense, $2 to the

county treasurer for deposit into the State's Attorney

Records Automation Fund;

(11) speeding in a construction zone violation, $250 to

the State Treasurer for deposit into the Transportation

Safety Highway Hire-back Fund, unless (i) the violation

occurred on a highway other than an interstate highway and

(ii) a county police officer wrote the ticket for the

violation, in which case to the county treasurer for

deposit into that county's Transportation Safety Highway

Hire-back Fund;

(12) supervision disposition on an offense under the

Illinois Vehicle Code or similar provision of a local

ordinance, 50 cents, unless waived by the court, into the

Prisoner Review Board Vehicle and Equipment Fund;

(13) victim and offender are family or household

members as defined in Section 103 of the Illinois Domestic

Violence Act of 1986 and offender pleads guilty or no

contest to or is convicted of murder, voluntary

manslaughter, involuntary manslaughter, burglary,

residential burglary, criminal trespass to residence,

criminal trespass to vehicle, criminal trespass to land,

criminal damage to property, telephone harassment,

kidnapping, aggravated kidnaping, unlawful restraint,

forcible detention, child abduction, indecent solicitation

of a child, sexual relations between siblings,

exploitation of a child, child pornography, assault,

aggravated assault, battery, aggravated battery, heinous

battery, aggravated battery of a child, domestic battery,

reckless conduct, intimidation, criminal sexual assault,

predatory criminal sexual assault of a child, aggravated

criminal sexual assault, criminal sexual abuse, aggravated

criminal sexual abuse, violation of an order of protection,

disorderly conduct, endangering the life or health of a

child, child abandonment, contributing to dependency or

neglect of child, or cruelty to children and others, $200

for each sentenced violation to the State Treasurer for

deposit as follows: (i) for sexual assault, as defined in

Section 5-9-1.7 of the Unified Code of Corrections, when

the offender and victim are family members, one-half to the

Domestic Violence Shelter and Service Fund, and one-half to

the Sexual Assault Services Fund; (ii) for the remaining

offenses to the Domestic Violence Shelter and Service Fund;

(14) violation of Section 11-501 of the Illinois

Vehicle Code, Section 5-7 of the Snowmobile Registration

and Safety Act, Section 5-16 of the Boat Registration and

Safety Act, or a similar provision, whose operation of a

motor vehicle, snowmobile, or watercraft while in

violation of Section 11-501, Section 5-7 of the Snowmobile

Registration and Safety Act, Section 5-16 of the Boat

Registration and Safety Act, or a similar provision

proximately caused an incident resulting in an appropriate

emergency response, $1,000 maximum to the public agency

that provided an emergency response related to the person's

violation, and if more than one agency responded, the

amount payable to public agencies shall be shared equally;

(15) violation of Section 401, 407, or 407.2 of the

Illinois Controlled Substances Act that proximately caused

any incident resulting in an appropriate drug-related

emergency response, $1,000 as reimbursement for the

emergency response to the law enforcement agency that made

the arrest, and if more than one agency is responsible for

the arrest, the amount payable to law enforcement agencies

shall be shared equally;

(16) violation of reckless driving, aggravated

reckless driving, or driving 26 miles per hour or more in

excess of the speed limit that triggered an emergency

response, $1,000 maximum reimbursement for the emergency

response to be distributed in its entirety to a public

agency that provided an emergency response related to the

person's violation, and if more than one agency responded,

the amount payable to public agencies shall be shared

equally;

(17) violation based upon each plea of guilty,

stipulation of facts, or finding of guilt resulting in a

judgment of conviction or order of supervision for an

offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of

the Criminal Code of 2012 that results in the imposition of

a fine, to be distributed as follows:

(A) $50 to the county treasurer for deposit into

the Circuit Court Clerk Operation and Administrative

Fund to cover the costs in administering this paragraph

(17);

(B) $300 to the State Treasurer who shall deposit

the portion as follows:

(i) if the arresting or investigating agency

is the Department of State Police, into the State

Police Operations Assistance Fund;

(ii) if the arresting or investigating agency

is the Department of Natural Resources, into the

Conservation Police Operations Assistance Fund;

(iii) if the arresting or investigating agency

is the Secretary of State, into the Secretary of

State Police Services Fund;

(iv) if the arresting or investigating agency

is the Illinois Commerce Commission, into the

Public Utility Fund; or

(v) if more than one of the State agencies in

this subparagraph (B) is the arresting or

investigating agency, then equal shares with the

shares deposited as provided in the applicable

items (i) through (iv) of this subparagraph (B);

and

(C) the remainder for deposit into the Specialized

Services for Survivors of Human Trafficking Fund; and

(18) weapons violation under Section 24-1.1, 24-1.2,

or 24-1.5 of the Criminal Code of 1961 or the Criminal Code

of 2012, $100 for each conviction to the State Treasurer

for deposit into the Trauma Center Fund.

Article 20. Repeal

Section 20-5. Repeal. This Act is repealed on January 1,

2021.

Article 900. Amendatory Provisions effective July 1, 2018

Section 900-5. The Unified Code of Corrections is amended

by changing Sections 5-9-1.1 and 5-9-1.1-5 as follows:

(730 ILCS 5/5-9-1.1) (from Ch. 38, par. 1005-9-1.1)

(Text of Section from P.A. 94-550, 96-132, 96-402, 96-1234,

97-545, 98-537, and 99-480)

Sec. 5-9-1.1. Drug related offenses.

(a) When a person has been adjudged guilty of a drug

related offense involving possession or delivery of cannabis or

possession or delivery of a controlled substance, other than

methamphetamine, as defined in the Cannabis Control Act, as

amended, or the Illinois Controlled Substances Act, as amended,

in addition to any other penalty imposed, a fine shall be

levied by the court at not less than the full street value of

the cannabis or controlled substances seized.

"Street value" shall be determined by the court on the

basis of testimony of law enforcement personnel and the

defendant as to the amount seized and such testimony as may be

required by the court as to the current street value of the

cannabis or controlled substance seized.

(b) In addition to any penalty imposed under subsection (a)

of this Section, a fine of $100 shall be levied by the court,

the proceeds of which shall be collected by the Circuit Clerk

and remitted to the State Treasurer under Section 27.6 of the

Clerks of Courts Act for deposit into the Trauma Center Fund

for distribution as provided under Section 3.225 of the

Emergency Medical Services (EMS) Systems Act.

(c) In addition to any penalty imposed under subsection (a)

of this Section, a fee of $5 shall be assessed by the court,

the proceeds of which shall be collected by the Circuit Clerk

and remitted to the State Treasurer under Section 27.6 of the

Clerks of Courts Act for deposit into the Spinal Cord Injury

Paralysis Cure Research Trust Fund. This additional fee of $5

shall not be considered a part of the fine for purposes of any

reduction in the fine for time served either before or after

sentencing.

(d) Blank). In addition to any penalty imposed under

subsection (a) of this Section for a drug related offense

involving possession or delivery of cannabis or possession or

delivery of a controlled substance as defined in the Cannabis

Control Act, the Illinois Controlled Substances Act, or the

Methamphetamine Control and Community Protection Act, a fee of

$50 shall be assessed by the court, the proceeds of which shall

be collected by the Circuit Clerk and remitted to the State

Treasurer under Section 27.6 of the Clerks of Courts Act for

deposit into the Performance-enhancing Substance Testing Fund.

This additional fee of $50 shall not be considered a part of

the fine for purposes of any reduction in the fine for time

served either before or after sentencing. The provisions of

this subsection (d), other than this sentence, are inoperative

after June 30, 2011.

(e) In addition to any penalty imposed under subsection (a)

of this Section, a $25 assessment shall be assessed by the

court, the proceeds of which shall be collected by the Circuit

Clerk and remitted to the State Treasurer for deposit into the

Criminal Justice Information Projects Fund. The moneys

deposited into the Criminal Justice Information Projects Fund

under this Section shall be appropriated to and administered by

the Illinois Criminal Justice Information Authority for

distribution to fund Department of State Police funding of drug

task forces and Metropolitan Enforcement Groups by dividing the

funds equally by the total number of Department of State Police

drug task forces and Illinois Metropolitan Enforcement Groups.

(f) In addition to any penalty imposed under subsection (a)

of this Section, a $40 assessment shall be assessed by the

court, the proceeds of which shall be collected by the Circuit

Clerk. Of the collected proceeds, (i) 90% shall be remitted to

the State Treasurer for deposit into the Prescription Pill and

Drug Disposal Fund; (ii) 5% shall be remitted for deposit into

the Criminal Justice Information Projects Fund, for use by the

Illinois Criminal Justice Information Authority for the costs

associated with making grants from the Prescription Pill and

Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%

for deposit into the Circuit Court Clerk Operation and

Administrative Fund for the costs associated with

administering this subsection.

(Source: P.A. 98-537, eff. 8-23-13; 99-480, eff. 9-9-15.)

(Text of Section from P.A. 94-556, 96-132, 96-402, 96-1234,

97-545, 98-537, and 99-480)

Sec. 5-9-1.1. Drug related offenses.

(a) When a person has been adjudged guilty of a drug

related offense involving possession or delivery of cannabis or

possession or delivery of a controlled substance as defined in

the Cannabis Control Act, the Illinois Controlled Substances

Act, or the Methamphetamine Control and Community Protection

Act, in addition to any other penalty imposed, a fine shall be

levied by the court at not less than the full street value of

the cannabis or controlled substances seized.

"Street value" shall be determined by the court on the

basis of testimony of law enforcement personnel and the

defendant as to the amount seized and such testimony as may be

required by the court as to the current street value of the

cannabis or controlled substance seized.

(b) In addition to any penalty imposed under subsection (a)

of this Section, a fine of $100 shall be levied by the court,

the proceeds of which shall be collected by the Circuit Clerk

and remitted to the State Treasurer under Section 27.6 of the

Clerks of Courts Act for deposit into the Trauma Center Fund

for distribution as provided under Section 3.225 of the

Emergency Medical Services (EMS) Systems Act.

(c) In addition to any penalty imposed under subsection (a)

of this Section, a fee of $5 shall be assessed by the court,

the proceeds of which shall be collected by the Circuit Clerk

and remitted to the State Treasurer under Section 27.6 of the

Clerks of Courts Act for deposit into the Spinal Cord Injury

Paralysis Cure Research Trust Fund. This additional fee of $5

shall not be considered a part of the fine for purposes of any

reduction in the fine for time served either before or after

sentencing.

(d) (Blank). In addition to any penalty imposed under

subsection (a) of this Section for a drug related offense

involving possession or delivery of cannabis or possession or

delivery of a controlled substance as defined in the Cannabis

Control Act, the Illinois Controlled Substances Act, or the

Methamphetamine Control and Community Protection Act, a fee of

$50 shall be assessed by the court, the proceeds of which shall

be collected by the Circuit Clerk and remitted to the State

Treasurer under Section 27.6 of the Clerks of Courts Act for

deposit into the Performance-enhancing Substance Testing Fund.

This additional fee of $50 shall not be considered a part of

the fine for purposes of any reduction in the fine for time

served either before or after sentencing. The provisions of

this subsection (d), other than this sentence, are inoperative

after June 30, 2011.

(e) In addition to any penalty imposed under subsection (a)

of this Section, a $25 assessment shall be assessed by the

court, the proceeds of which shall be collected by the Circuit

Clerk and remitted to the State Treasurer for deposit into the

Criminal Justice Information Projects Fund. The moneys

deposited into the Criminal Justice Information Projects Fund

under this Section shall be appropriated to and administered by

the Illinois Criminal Justice Information Authority for

distribution to fund Department of State Police funding of drug

task forces and Metropolitan Enforcement Groups by dividing the

funds equally by the total number of Department of State Police

drug task forces and Illinois Metropolitan Enforcement Groups.

(f) In addition to any penalty imposed under subsection (a)

of this Section, a $40 assessment shall be assessed by the

court, the proceeds of which shall be collected by the Circuit

Clerk. Of the collected proceeds, (i) 90% shall be remitted to

the State Treasurer for deposit into the Prescription Pill and

Drug Disposal Fund; (ii) 5% shall be remitted for deposit into

the Criminal Justice Information Projects Fund, for use by the

Illinois Criminal Justice Information Authority for the costs

associated with making grants from the Prescription Pill and

Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%

for deposit into the Circuit Court Clerk Operation and

Administrative Fund for the costs associated with

administering this subsection.

(Source: P.A. 98-537, eff. 8-23-13; 99-480, eff. 9-9-15.)

(730 ILCS 5/5-9-1.1-5)

Sec. 5-9-1.1-5. Methamphetamine related offenses.

(a) When a person has been adjudged guilty of a

methamphetamine related offense involving possession or

delivery of methamphetamine or any salt of an optical isomer of

methamphetamine or possession of a methamphetamine

manufacturing material as set forth in Section 10 of the

Methamphetamine Control and Community Protection Act with the

intent to manufacture a substance containing methamphetamine

or salt of an optical isomer of methamphetamine, in addition to

any other penalty imposed, a fine shall be levied by the court

at not less than the full street value of the methamphetamine

or salt of an optical isomer of methamphetamine or

methamphetamine manufacturing materials seized.

"Street value" shall be determined by the court on the

basis of testimony of law enforcement personnel and the

defendant as to the amount seized and such testimony as may be

required by the court as to the current street value of the

methamphetamine or salt of an optical isomer of methamphetamine

or methamphetamine manufacturing materials seized.

(b) In addition to any penalty imposed under subsection (a)

of this Section, a fine of $100 shall be levied by the court,

the proceeds of which shall be collected by the Circuit Clerk

and remitted to the State Treasurer under Section 27.6 of the

Clerks of Courts Act for deposit into the Methamphetamine Law

Enforcement Fund and allocated as provided in subsection (d) of

Section 5-9-1.2.

(c) In addition to any penalty imposed under subsection (a)

of this Section, a $25 assessment shall be assessed by the

court, the proceeds of which shall be collected by the Circuit

Clerk and remitted to the State Treasurer for deposit into the

Criminal Justice Information Projects Fund. The moneys

deposited into the Criminal Justice Information Projects Fund

under this Section shall be appropriated to and administered by

the Illinois Criminal Justice Information Authority for

distribution to fund the Department of State Police funding of

drug task forces and Metropolitan Enforcement Groups by

dividing the funds equally by the total number of Department of

State Police drug task forces and Metropolitan Enforcement

Groups.

(d) In addition to any penalty imposed under subsection (a)

of this Section, a $40 assessment shall be assessed by the

court, the proceeds of which shall be collected by the Circuit

Clerk. Of the collected proceeds, (i) 90% shall be remitted to

the State Treasurer for deposit into the Prescription Pill and

Drug Disposal Fund; (ii) 5% shall be remitted for deposit into

the Criminal Justice Information Projects Fund, for use by the

Illinois Criminal Justice Information Authority for the costs

associated with making grants from the Prescription Pill and

Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%

for deposit into the Circuit Court Clerk Operation and

Administrative Fund for the costs associated with

administering this subsection.

(Source: P.A. 98-537, eff. 8-23-13; 99-480, eff. 9-9-15.)

Article 905. Amendatory Provisions effective July 1, 2019

Section 905-5. The Domestic Violence Shelters Act is

amended by changing Section 3.2 as follows:

(20 ILCS 1310/3.2) (from Ch. 40, par. 2403.2)

Sec. 3.2. All funds collected pursuant to P.A. 82-645,

which are held in escrow for refund and for which a refund is

not approved by September 1, 1988, shall be forwarded to the

State Treasurer for deposit into the Domestic Violence Shelter

and Service Fund. The Domestic Violence Shelter and Service

Fund shall also include assessments fines received by the State

Treasurer from circuit clerks under the Criminal and Traffic

Assessment Act in accordance with Section 5-9-1.5 of the

Unified Code of Corrections. Monies deposited in the Fund

pursuant to this Section and the income tax check-off for the

Domestic Violence Shelter and Service Fund authorized by

Section 507F of the Illinois Income Tax Act shall be

appropriated to the Department of Human Services for the

purpose of providing services specified by this Act; however,

the Department may waive the matching funds requirement of this

Act with respect to such monies. Any such waiver shall be

uniform throughout the State. This amendatory Act of 1987

applies to all funds collected pursuant to PA 82-645, held in

escrow and for which no refund is approved by September 1,

1988, whether those funds are administered by the State, a

county, a court, or any other unit or agency of government.

(Source: P.A. 89-507, eff. 7-1-97.)

Section 905-10. The Burn Victims Relief Act is amended by

changing Section 10 as follows:

(20 ILCS 1410/10)

Sec. 10. Payments to the George Bailey Memorial Fund. The

George Bailey Memorial Fund is created as a special fund in the

State treasury. The George Bailey Memorial Fund shall be funded

pursuant to subsection (p) of Section 27.6 of the Clerks of

Courts Act and Section 16-104d of the Illinois Vehicle Code.

Funds received under Section 16-104d of the Illinois Vehicle

Code shall be repaid in full to the Fire Truck Revolving Loan

Fund, without the deduction of the 20% administrative fee

authorized in subsection (b) of Section 5, upon receipt by the

George Bailey Memorial Fund from the person or his or her

estate, trust, or heirs of any moneys from a settlement for the

injury that is the proximate cause of the person's disability

under this Act or moneys received from Social Security

disability benefits. Moneys in the George Bailey Memorial Fund

may only be used for the purposes set forth in this Act.

(Source: P.A. 99-455, eff. 1-1-16.)

Section 905-15. The State Police Act is amended by changing

Section 7.2 as follows:

(20 ILCS 2610/7.2)

Sec. 7.2. State Police Merit Board Public Safety Fund.

(a) A special fund in the State treasury is hereby created

which shall be known as the State Police Merit Board Public

Safety Fund. The Fund shall be used by the State Police Merit

Board to provide a cadet program for State Police personnel and

to meet all costs associated with the functions of the State

Police Merit Board. Notwithstanding any other law to the

contrary, the State Police Merit Board Public Safety Fund is

not subject to sweeps, administrative charge-backs, or any

other fiscal or budgetary maneuver that would in any way

transfer any amounts from the State Police Merit Board Public

Safety Fund into any other fund of the State.

(b) The Fund may receive State appropriations, gifts,

grants, and federal funds and shall include earnings from the

investment of moneys in the Fund.

(c) The administration of this Fund shall be the

responsibility of the State Police Merit Board. The Board shall

establish terms and conditions for the operation of the Fund.

The Board shall establish and implement fiscal controls and

accounting periods for programs operated using the Fund. All

fees or moneys received by the State Treasurer under the

Criminal and Traffic Assessment Act subsection (n) of Section

27.6 of the Clerks of Courts Act shall be deposited into the

Fund. The moneys deposited in the State Police Merit Board

Public Safety Fund shall be appropriated to the State Police

Merit Board for expenses of the Board for the administration

and conduct of all its programs for State Police personnel.

(Source: P.A. 97-1051, eff. 1-1-13.)

Section 905-20. The Illinois Criminal Justice Information

Act is amended by changing Section 9.1 as follows:

(20 ILCS 3930/9.1)

Sec. 9.1. Criminal Justice Information Projects Fund. The

Criminal Justice Information Projects Fund is hereby created as

a special fund in the State Treasury. Grants and other moneys

obtained by the Authority from governmental entities (other

than the federal government), private sources, and

not-for-profit organizations for use in investigating criminal

justice issues or undertaking other criminal justice

information projects shall be deposited into the Fund. Moneys

in the Fund may be used by the Authority, subject to

appropriation, for undertaking such projects and for the

operating and other expenses of the Authority incidental to

those projects, and for the costs associated with making grants

from the Prescription Pill and Drug Disposal Fund. The moneys

deposited into the Criminal Justice Information Projects Fund

under Sections 15-15 and 15-35 of the Criminal and Traffic

Assessment Act shall be appropriated to and administered by the

Illinois Criminal Justice Information Authority for

distribution to fund Department of State Police drug task

forces and Metropolitan Enforcement Groups by dividing the

funds equally by the total number of Department of State Police

drug task forces and Illinois Metropolitan Enforcement Groups.

(Source: P.A. 88-538.)

Section 905-25. The State Finance Act is amended by

changing Sections 6b-4, 6z-82, 6z-87, 8p, and 8q and by adding

Sections 5.886 and 6z-105 as follows:

(30 ILCS 105/5.886 new)

Sec. 5.886. The State Police Law Enforcement

Administration Fund.

(30 ILCS 105/6b-4) (from Ch. 127, par. 142b4)

Sec. 6b-4. On the second Monday of every month, the

Director of Public Health shall certify to the State

Comptroller and the State Treasurer the amount generated by the

issuance of commemorative birth certificates under subsection

(14) of Section 25 of the Vital Records Act in excess of the

costs incurred in issuing the documents. Within 15 days of

receipt of the certification required by this Section, the

State Comptroller and the State Treasurer shall transfer from

the General Revenue Fund, one-half of the amount certified as

being received from the issuance of commemorative birth

certificates to the Child Abuse Prevention Fund and one-half of

the amount to the Domestic Violence Shelter and Service Fund.

The State Treasurer shall deposit into the Domestic

Violence Shelter and Service Fund each assessment received

under the Criminal and Traffic Assessment Act fine received

from circuit clerks under Section 5-9-1.5 of the Unified Code

of Corrections.

The State Treasurer shall deposit into the Sexual Assault

Services Fund and the Domestic Violence Shelter and Service

Fund each of those fines received from circuit clerks under

Section 5-9-1.7 of the Unified Code of Corrections in

accordance with the provisions of that Section.

(Source: P.A. 87-791; 87-1072.)

(30 ILCS 105/6z-82)

Sec. 6z-82. State Police Operations Assistance Fund.

(a) There is created in the State treasury a special fund

known as the State Police Operations Assistance Fund. The Fund

shall receive revenue under the Criminal and Traffic Assessment

Act pursuant to Section 27.3a of the Clerks of Courts Act. The

Fund may also receive revenue from grants, donations,

appropriations, and any other legal source.

(b) The Department of State Police may use moneys in the

Fund to finance any of its lawful purposes or functions.

(c) Expenditures may be made from the Fund only as

appropriated by the General Assembly by law.

(d) Investment income that is attributable to the

investment of moneys in the Fund shall be retained in the Fund

for the uses specified in this Section.

(e) The State Police Operations Assistance Fund shall not

be subject to administrative chargebacks.

(f) Notwithstanding any other provision of State law to the

contrary, on or after July 1, 2012, and until June 30, 2013, in

addition to any other transfers that may be provided for by

law, at the direction of and upon notification from the

Director of State Police, the State Comptroller shall direct

and the State Treasurer shall transfer amounts into the State

Police Operations Assistance Fund from the designated funds not

exceeding the following totals:

State Police Vehicle Fund.....................$2,250,000

State Police Wireless Service

Emergency Fund............................$2,500,000

State Police Services Fund....................$3,500,000

(Source: P.A. 96-1029, eff. 7-13-10; 97-333, eff. 8-12-11;

97-732, eff. 6-30-12.)

(30 ILCS 105/6z-87)

Sec. 6z-87. Conservation Police Operations Assistance

Fund.

(a) There is created in the State treasury a special fund

known as the Conservation Police Operations Assistance Fund.

The Fund shall receive revenue under the Criminal and Traffic

Assessment Act pursuant to Section 27.3a of the Clerks of

Courts Act. The Fund may also receive revenue from grants,

donations, appropriations, and any other legal source.

(b) The Department of Natural Resources may use moneys in

the Fund to support any lawful operations of the Illinois

Conservation Police.

(c) Expenditures may be made from the Fund only as

appropriated by the General Assembly by law.

(d) Investment income that is attributable to the

investment of moneys in the Fund shall be retained in the Fund

for the uses specified in this Section.

(e) The Conservation Police Operations Assistance Fund

shall not be subject to administrative chargebacks.

(Source: P.A. 97-46, eff. 7-1-12; 97-813, eff. 7-13-12.)

(30 ILCS 105/6z-105 new)

Sec. 6z-105. State Police Law Enforcement Administration

Fund.

(a) There is created in the State treasury a special fund

known as the State Police Law Enforcement Administration Fund.

The Fund shall receive revenue under subsection (c) of Section

10-5 of the Criminal and Traffic Assessment Act. The Fund may

also receive revenue from grants, donations, appropriations,

and any other legal source.

(b) The Department of State Police may use moneys in the

Fund to finance any of its lawful purposes or functions;

however, the primary purpose shall be to finance State Police

cadet classes in May and October of each year.

(c) Expenditures may be made from the Fund only as

appropriated by the General Assembly by law.

(d) Investment income that is attributable to the

investment of moneys in the Fund shall be retained in the Fund

for the uses specified in this Section.

(e) The State Police Law Enforcement Administration Fund

shall not be subject to administrative chargebacks.

(30 ILCS 105/8p)

Sec. 8p. State Police Streetgang-Related Crime Fund.

(a) The State Police Streetgang-Related Crime Fund is

created as a special fund in the State treasury.

(b) All moneys collected and payable to the Department of

State Police from the State Police Streetgang-Related Crime

Fund under Section 5-9-1.19 of the Unified Code of Corrections

shall be deposited into the State Police Streetgang-Related

Crime Fund and shall be appropriated to and administered by the

Department of State Police for operations and initiatives to

combat and prevent streetgang-related crime.

(c) The State Police Streetgang-Related Crime Fund shall

not be subject to administrative chargebacks.

(Source: P.A. 96-1029, eff. 7-13-10.)

(30 ILCS 105/8q)

Sec. 8q. Illinois Department of Corrections Parole

Division Offender Supervision Fund.

(a) The Illinois Department of Corrections Parole Division

Offender Supervision Fund is created as a special fund in the

State treasury.

(b) All moneys collected and payable to the Department of

Corrections and under Section 5-9-1.20 of the Unified Code of

Corrections shall be deposited into the Illinois Department of

Corrections Parole Division Offender Supervision Fund and

shall be appropriated to and administered by the Department of

Corrections for operations and initiatives to combat and

supervise paroled offenders in the community.

(c) The Illinois Department of Corrections Parole Division

Offender Supervision Fund shall not be subject to

administrative chargebacks.

(Source: P.A. 97-262, eff. 8-5-11.)

Section 905-30. The State Property Control Act is amended

by changing Section 7c as follows:

(30 ILCS 605/7c)

Sec. 7c. Acquisition of State Police vehicles. The State

Police Vehicle Fund is created as a special fund in the State

treasury. The Fund shall consist of fees received pursuant to

Section 16-104c of the Illinois Vehicle Code. All moneys in the

Fund, subject to appropriation, shall be used by the Department

of State Police:

(1) for the acquisition of vehicles for that

Department; or

(2) for debt service on bonds issued to finance the

acquisition of vehicles for that Department.

(Source: P.A. 94-839, eff. 6-6-06.)

Section 905-35. Illinois Police Training Act is amended by

changing Section 9 as follows:

(50 ILCS 705/9) (from Ch. 85, par. 509)

Sec. 9. A special fund is hereby established in the State

Treasury to be known as the Traffic and Criminal Conviction

Surcharge Fund and shall be financed as provided in Section 9.1

of this Act and Section 5-9-1 of the Unified Code of

Corrections, unless the fines, costs, or additional amounts

imposed are subject to disbursement by the circuit clerk under

Section 27.5 of the Clerks of Courts Act. Moneys in this Fund

shall be expended as follows:

(1) a portion of the total amount deposited in the Fund

may be used, as appropriated by the General Assembly, for

the ordinary and contingent expenses of the Illinois Law

Enforcement Training Standards Board;

(2) a portion of the total amount deposited in the Fund

shall be appropriated for the reimbursement of local

governmental agencies participating in training programs

certified by the Board, in an amount equaling 1/2 of the

total sum paid by such agencies during the State's previous

fiscal year for mandated training for probationary police

officers or probationary county corrections officers and

for optional advanced and specialized law enforcement or

county corrections training; these reimbursements may

include the costs for tuition at training schools, the

salaries of trainees while in schools, and the necessary

travel and room and board expenses for each trainee; if the

appropriations under this paragraph (2) are not sufficient

to fully reimburse the participating local governmental

agencies, the available funds shall be apportioned among

such agencies, with priority first given to repayment of

the costs of mandatory training given to law enforcement

officer or county corrections officer recruits, then to

repayment of costs of advanced or specialized training for

permanent police officers or permanent county corrections

officers;

(3) a portion of the total amount deposited in the Fund

may be used to fund the Intergovernmental Law Enforcement

Officer's In-Service Training Act, veto overridden October

29, 1981, as now or hereafter amended, at a rate and method

to be determined by the board;

(4) a portion of the Fund also may be used by the

Illinois Department of State Police for expenses incurred

in the training of employees from any State, county or

municipal agency whose function includes enforcement of

criminal or traffic law;

(5) a portion of the Fund may be used by the Board to

fund grant-in-aid programs and services for the training of

employees from any county or municipal agency whose

functions include corrections or the enforcement of

criminal or traffic law;

(6) for fiscal years 2013 through 2017 only, a portion

of the Fund also may be used by the Department of State

Police to finance any of its lawful purposes or functions;

and

(7) a portion of the Fund may be used by the Board,

subject to appropriation, to administer grants to local law

enforcement agencies for the purpose of purchasing

bulletproof vests under the Law Enforcement Officer

Bulletproof Vest Act.

All payments from the Traffic and Criminal Conviction

Surcharge Fund shall be made each year from moneys appropriated

for the purposes specified in this Section. No more than 50% of

any appropriation under this Act shall be spent in any city

having a population of more than 500,000. The State Comptroller

and the State Treasurer shall from time to time, at the

direction of the Governor, transfer from the Traffic and

Criminal Conviction Surcharge Fund to the General Revenue Fund

in the State Treasury such amounts as the Governor determines

are in excess of the amounts required to meet the obligations

of the Traffic and Criminal Conviction Surcharge Fund.

(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14;

98-743, eff. 1-1-15; 99-78, eff. 7-20-15; 99-523, eff.

6-30-16.)

(50 ILCS 705/9.1 rep.)

Section 905-37. Illinois Police Training Act is amended by

repealing Section 9.1.

Section 905-40. The Counties Code is amended by changing

Sections 3-6023, 4-2004, 4-2005, and 4-2006 as follows:

(55 ILCS 5/3-6023) (from Ch. 34, par. 3-6023)

Sec. 3-6023. Attendance at courts. Each sheriff shall, in

person or by deputy, county corrections officer, or court

security officer, attend upon all courts held in his or her

county when in session, and obey the lawful orders and

directions of the court, and shall maintain the security of the

courthouse. Court services customarily performed by sheriffs

shall be provided by the sheriff or his or her deputies, county

corrections officers, or court security officers, rather than

by employees of the court, unless there are no deputies, county

corrections officers, or court security officers available to

perform such services. The expenses of the sheriff in carrying

out his or her duties under this Section, including the

compensation of deputies, county corrections officers, or

court security officers assigned to such services, shall be

paid to the county from fees collected pursuant to court order

for services of the sheriff and from any court services fees

collected by the county under the Criminal and Traffic

Assessment Act pursuant to Section 5-1103, as now or hereafter

amended.

(Source: P.A. 89-685, eff. 6-1-97; 89-707, eff. 6-1-97.)

(55 ILCS 5/4-2004) (from Ch. 34, par. 4-2004)

Sec. 4-2004. Collection and disposition of fines and

forfeitures. It shall be the duty of State's attorneys to

attend to the collection of all fines and forfeitures in

criminal cases, and they shall, without delay, pay over all

fines and forfeitures collected by them to the county treasurer

to be deposited into the general corporate fund of the county,

except as otherwise specifically provided by law and except for

such portion as is required by Section 9.1 of "The Illinois

Police Training Act" and Section 5-9-1 of the "Unified Code of

Corrections" to be paid into The Traffic and Criminal

Conviction Surcharge Fund in the State Treasury, unless the

fines and forfeitures are subject to disbursement by the

circuit clerk under Section 27.5 of the Clerks of Courts Act.

(Source: P.A. 86-962; 87-670.)

(55 ILCS 5/4-2005) (from Ch. 34, par. 4-2005)

Sec. 4-2005. Payment of salaries; disposition of fees. The

salaries of the State's attorneys, excepting that part which is

to be paid out of the State treasury as now provided for by

law, and the salaries of all Assistant State's attorneys shall

be paid out of the general corporate fund of the county

treasury of the county in which the State's attorney resides,

on the order of the county board by the treasurer of the

county: The fees which are now, or may hereafter, be provided

by law to be paid by the defendant or defendants, as State's

attorney's fees, shall be taxed as costs and all fees, fines,

forfeitures and penalties shall be collected by the State's

attorney, except as otherwise specifically provided by law for

those amounts required by Section 9.1 of the "Illinois Police

Training Act" and Section 5-9-1 of the "Unified Code of

Corrections" to be paid into The Traffic and Criminal

Conviction Surcharge Fund and those amounts subject to

disbursement by the circuit clerk under Section 27.5 of the

Clerks of Courts Act, and shall be paid by him directly into

the county treasury to be deposited into the general corporate

fund of the county. The county treasurer shall receipt

therefor.

(Source: P.A. 86-962; 87-670.)

(55 ILCS 5/4-2006) (from Ch. 34, par. 4-2006)

Sec. 4-2006. Report of fees.

(a) It is hereby made the duty of all State's attorneys to

report to the circuit court at such times as the court shall

determine by rule, the payment and collection of all fees,

fines, forfeitures and penalties and to satisfy the court by

voucher or otherwise, that all fees, fines, forfeitures and

penalties by them collected, except as otherwise specifically

provided by law for those amounts required by Section 9.1 of

the Illinois Police Training Act and Section 5-9-1 of the

Unified Code of Corrections to be paid into the Traffic and

Criminal Conviction Surcharge Fund, have been duly paid over to

the county treasurer, as required by Section 4-2005, and the

State's attorney shall have no further interest in conviction

fees, fines, forfeitures and penalties or moneys collected by

virtue of such office. The court shall note the filing of the

report and fix a day certain not less than 30 days thereafter,

when objections in writing may be filed to such report by any

one or more taxpayers of the county, and when objections are

filed to such report a hearing may be had upon such report and

objections at such time and in such manner as the court may

direct and after such hearing the court may approve or

disapprove of such report as justice may require, and make all

proper orders in reference thereto, and if no objections have

been filed, the court shall inspect such report and require the

State's attorney to produce evidence in proof of his having

paid over as required by law all fines and forfeitures

collected by him; and if it appears to the court that any

State's attorney has failed or refused to turn over the fines

and forfeitures collected by him as required by law the court

shall at once suspend him and appoint a State's attorney pro

tempore to perform the duties of the office until such State's

attorney shall have complied with the provisions of this

Division or the orders of the court in regard thereto. The

court, for the purpose of carrying out the provisions of this

Section shall have the power to examine books and papers and to

issue subpoenas to compel the appearance of persons and the

production of books and records: Provided, however, no order

entered under this Section shall be a bar to any proper

proceedings against such State's attorney and his bondsman to

require him to account for moneys collected and not paid over

by him as required by law.

(b) Waiver of report of fees. The filing of the report of

fees as provided by subsection (a) of this Section may be

waived by written administrative order of the chief judge of

the circuit upon written request and affidavit of the State's

attorney of a county within the circuit that all fines, fees,

forfeitures, and restitution are collected by the clerk of the

circuit court and that none of those funds pass through the

office of the State's attorney.

(Source: P.A. 86-962; 87-1201.)

55 ILCS 5/3-4012 rep.

55 ILCS 5/4-2002 rep.

55 ILCS 5/4-2002.1 rep.

55 ILCS 5/5-1101 rep.

55 ILCS 5/5-1101.5 rep.

55 ILCS 5/5-1103 rep.

Section 905-43. The Counties Code is amended by repealing

Sections 3-4012, 4-2002, 4-2002.1, 5-1101, 5-1101.5, and

5-1103.

Section 905-45. The Illinois Vehicle Code is amended by

changing Sections 2-120, 11-501.01, 11-605, 11-605.1,

11-605.3, 11-1002.5, 15-113, and 16-105 as follows:

(625 ILCS 5/2-120) (from Ch. 95 1/2, par. 2-120)

Sec. 2-120. Disposition of fines and forfeitures.

(a) Fines Except as provided in subsection (f) of Section

11-605 and subsection (c) of Section 11-1002.5 of this Code,

fines and penalties recovered under the provisions of this Act

administered by the Secretary of State, except those fines,

assessments, and penalties subject to disbursement by the

circuit clerk under the Criminal and Traffic Assessment Act

Section 27.5 of the Clerks of Courts Act, shall be paid over

and used as follows:

1. For violations of this Act committed within the

limits of an incorporated city or village, to the treasurer

of the particular city or village, if arrested by the

authorities of the city or village and reasonably

prosecuted for all fines and penalties under this Act by

the police officers and officials of the city or village.

2. For violations of this Act committed outside the

limits of an incorporated city or village to the county

treasurer of the court where the offense was committed.

3. For the purposes of this Act an offense for

violation of any provision of this Act not committed upon

the highway shall be deemed to be committed where the

violator resides or where he has a place of business

requiring some registration, permit or license to operate

such business under this Act.

(b) Failure, refusal or neglect on the part of any judicial

or other officer or employee receiving or having custody of any

such fine or forfeiture either before or after a deposit with

the proper official as defined in paragraph (a) of this

Section, shall constitute misconduct in office and shall be

grounds for removal therefrom.

(Source: P.A. 95-302, eff. 1-1-08.)

(625 ILCS 5/11-501.01)

Sec. 11-501.01. Additional administrative sanctions.

(a) After a finding of guilt and prior to any final

sentencing or an order for supervision, for an offense based

upon an arrest for a violation of Section 11-501 or a similar

provision of a local ordinance, individuals shall be required

to undergo a professional evaluation to determine if an

alcohol, drug, or intoxicating compound abuse problem exists

and the extent of the problem, and undergo the imposition of

treatment as appropriate. Programs conducting these

evaluations shall be licensed by the Department of Human

Services. The cost of any professional evaluation shall be paid

for by the individual required to undergo the professional

evaluation.

(b) Any person who is found guilty of or pleads guilty to

violating Section 11-501, including any person receiving a

disposition of court supervision for violating that Section,

may be required by the Court to attend a victim impact panel

offered by, or under contract with, a county State's Attorney's

office, a probation and court services department, Mothers

Against Drunk Driving, or the Alliance Against Intoxicated

Motorists. All costs generated by the victim impact panel shall

be paid from fees collected from the offender or as may be

determined by the court.

(c) (Blank). Every person found guilty of violating Section

11-501, whose operation of a motor vehicle while in violation

of that Section proximately caused any incident resulting in an

appropriate emergency response, shall be liable for the expense

of an emergency response as provided in subsection (i) of this

Section.

(d) The Secretary of State shall revoke the driving

privileges of any person convicted under Section 11-501 or a

similar provision of a local ordinance.

(e) The Secretary of State shall require the use of

ignition interlock devices for a period not less than 5 years

on all vehicles owned by a person who has been convicted of a

second or subsequent offense of Section 11-501 or a similar

provision of a local ordinance. The person must pay to the

Secretary of State DUI Administration Fund an amount not to

exceed $30 for each month that he or she uses the device. The

Secretary shall establish by rule and regulation the procedures

for certification and use of the interlock system, the amount

of the fee, and the procedures, terms, and conditions relating

to these fees. During the time period in which a person is

required to install an ignition interlock device under this

subsection (e), that person shall only operate vehicles in

which ignition interlock devices have been installed, except as

allowed by subdivision (c)(5) or (d)(5) of Section 6-205 of

this Code.

(f) (Blank). In addition to any other penalties and

liabilities, a person who is found guilty of or pleads guilty

to violating Section 11-501, including any person placed on

court supervision for violating Section 11-501, shall be

assessed $750, payable to the circuit clerk, who shall

distribute the money as follows: $350 to the law enforcement

agency that made the arrest, and $400 shall be forwarded to the

State Treasurer for deposit into the General Revenue Fund. If

the person has been previously convicted of violating Section

11-501 or a similar provision of a local ordinance, the fine

shall be $1,000, and the circuit clerk shall distribute $200 to

the law enforcement agency that made the arrest and $800 to the

State Treasurer for deposit into the General Revenue Fund. In

the event that more than one agency is responsible for the

arrest, the amount payable to law enforcement agencies shall be

shared equally. Any moneys received by a law enforcement agency

under this subsection (f) shall be used for enforcement and

prevention of driving while under the influence of alcohol,

other drug or drugs, intoxicating compound or compounds or any

combination thereof, as defined by Section 11-501 of this Code,

including but not limited to the purchase of law enforcement

equipment and commodities that will assist in the prevention of

alcohol related criminal violence throughout the State; police

officer training and education in areas related to alcohol

related crime, including but not limited to DUI training; and

police officer salaries, including but not limited to salaries

for hire back funding for safety checkpoints, saturation

patrols, and liquor store sting operations. Any moneys received

by the Department of State Police under this subsection (f)

shall be deposited into the State Police DUI Fund and shall be

used to purchase law enforcement equipment that will assist in

the prevention of alcohol related criminal violence throughout

the State.

(g) The Secretary of State Police DUI Fund is created as a

special fund in the State treasury. All moneys received by the

Secretary of State Police under subsection (f) of this Section

shall be deposited into the Secretary of State Police DUI Fund

and, subject to appropriation, shall be used for enforcement

and prevention of driving while under the influence of alcohol,

other drug or drugs, intoxicating compound or compounds or any

combination thereof, as defined by Section 11-501 of this Code,

including but not limited to the purchase of law enforcement

equipment and commodities to assist in the prevention of

alcohol related criminal violence throughout the State; police

officer training and education in areas related to alcohol

related crime, including but not limited to DUI training; and

police officer salaries, including but not limited to salaries

for hire back funding for safety checkpoints, saturation

patrols, and liquor store sting operations.

(h) Whenever an individual is sentenced for an offense

based upon an arrest for a violation of Section 11-501 or a

similar provision of a local ordinance, and the professional

evaluation recommends remedial or rehabilitative treatment or

education, neither the treatment nor the education shall be the

sole disposition and either or both may be imposed only in

conjunction with another disposition. The court shall monitor

compliance with any remedial education or treatment

recommendations contained in the professional evaluation.

Programs conducting alcohol or other drug evaluation or

remedial education must be licensed by the Department of Human

Services. If the individual is not a resident of Illinois,

however, the court may accept an alcohol or other drug

evaluation or remedial education program in the individual's

state of residence. Programs providing treatment must be

licensed under existing applicable alcoholism and drug

treatment licensure standards.

(i) (Blank). In addition to any other fine or penalty

required by law, an individual convicted of a violation of

Section 11-501, Section 5-7 of the Snowmobile Registration and

Safety Act, Section 5-16 of the Boat Registration and Safety

Act, or a similar provision, whose operation of a motor

vehicle, snowmobile, or watercraft while in violation of

Section 11-501, Section 5-7 of the Snowmobile Registration and

Safety Act, Section 5-16 of the Boat Registration and Safety

Act, or a similar provision proximately caused an incident

resulting in an appropriate emergency response, shall be

required to make restitution to a public agency for the costs

of that emergency response. The restitution may not exceed

$1,000 per public agency for each emergency response. As used

in this subsection (i), "emergency response" means any incident

requiring a response by a police officer, a firefighter carried

on the rolls of a regularly constituted fire department, or an

ambulance. With respect to funds designated for the Department

of State Police, the moneys shall be remitted by the circuit

court clerk to the State Police within one month after receipt

for deposit into the State Police DUI Fund. With respect to

funds designated for the Department of Natural Resources, the

Department of Natural Resources shall deposit the moneys into

the Conservation Police Operations Assistance Fund.

(j) A person that is subject to a chemical test or tests of

blood under subsection (a) of Section 11-501.1 or subdivision

(c)(2) of Section 11-501.2 of this Code, whether or not that

person consents to testing, shall be liable for the expense up

to $500 for blood withdrawal by a physician authorized to

practice medicine, a licensed physician assistant, a licensed

advanced practice registered nurse, a registered nurse, a

trained phlebotomist, a licensed paramedic, or a qualified

person other than a police officer approved by the Department

of State Police to withdraw blood, who responds, whether at a

law enforcement facility or a health care facility, to a police

department request for the drawing of blood based upon refusal

of the person to submit to a lawfully requested breath test or

probable cause exists to believe the test would disclose the

ingestion, consumption, or use of drugs or intoxicating

compounds if:

(1) the person is found guilty of violating Section

11-501 of this Code or a similar provision of a local

ordinance; or

(2) the person pleads guilty to or stipulates to facts

supporting a violation of Section 11-503 of this Code or a

similar provision of a local ordinance when the plea or

stipulation was the result of a plea agreement in which the

person was originally charged with violating Section

11-501 of this Code or a similar local ordinance.

(Source: P.A. 99-289, eff. 8-6-15; 99-296, eff. 1-1-16; 99-642,

eff. 7-28-16; 100-513, eff. 1-1-18.)

(625 ILCS 5/11-605) (from Ch. 95 1/2, par. 11-605)

Sec. 11-605. Special speed limit while passing schools.

(a) For the purpose of this Section, "school" means the

following entities:

(1) A public or private primary or secondary school.

(2) A primary or secondary school operated by a

religious institution.

(3) A public, private, or religious nursery school.

On a school day when school children are present and so

close thereto that a potential hazard exists because of the

close proximity of the motorized traffic, no person shall drive

a motor vehicle at a speed in excess of 20 miles per hour while

passing a school zone or while traveling on a roadway on public

school property or upon any public thoroughfare where children

pass going to and from school.

For the purpose of this Section a school day shall begin at

seven ante meridian and shall conclude at four post meridian.

This Section shall not be applicable unless appropriate

signs are posted upon streets and highways under their

respective jurisdiction and maintained by the Department,

township, county, park district, city, village or incorporated

town wherein the school zone is located. With regard to the

special speed limit while passing schools, such signs shall

give proper due warning that a school zone is being approached

and shall indicate the school zone and the maximum speed limit

in effect during school days when school children are present.

(b) (Blank).

(c) Nothing in this Chapter shall prohibit the use of

electronic speed-detecting devices within 500 feet of signs

within a special school speed zone indicating such zone, as

defined in this Section, nor shall evidence obtained thereby be

inadmissible in any prosecution for speeding provided the use

of such device shall apply only to the enforcement of the speed

limit in such special school speed zone.

(d) (Blank).

(e) Except as provided in subsection (e-5), a person who

violates this Section is guilty of a petty offense. Violations

of this Section are punishable with a minimum fine of $150 for

the first violation and a minimum fine of $300 for the second

or subsequent violation.

(e-5) A person committing a violation of this Section is

guilty of aggravated special speed limit while passing schools

when he or she drives a motor vehicle at a speed that is:

(1) 26 miles per hour or more but less than 35 miles

per hour in excess of the applicable special speed limit

established under this Section or a similar provision of a

local ordinance and is guilty of a Class B misdemeanor; or

(2) 35 miles per hour or more in excess of the

applicable special speed limit established under this

Section or a similar provision of a local ordinance and is

guilty of a Class A misdemeanor.

(f) (Blank). When a fine for a violation of subsection (a)

is $150 or greater, the person who violates subsection (a)

shall be charged an additional $50 to be paid to the unit

school district where the violation occurred for school safety

purposes. If the violation occurred in a dual school district,

$25 of the surcharge shall be paid to the elementary school

district for school safety purposes and $25 of the surcharge

shall be paid to the high school district for school safety

purposes. Notwithstanding any other provision of law, the

entire $50 surcharge shall be paid to the appropriate school

district or districts.

For purposes of this subsection (f), "school safety

purposes" includes the costs associated with school zone safety

education, the Safe Routes to School Program under Section

2705-317 of the Department of Transportation Law of the Civil

Administrative Code of Illinois, safety programs within the

School Safety and Educational Improvement Block Grant Program

under Section 2-3.51.5 of the School Code, and the purchase,

installation, and maintenance of caution lights which are

mounted on school speed zone signs.

(g) (Blank).

(h) (Blank).

(Source: P.A. 99-212, eff. 1-1-16.)

(625 ILCS 5/11-605.1)

Sec. 11-605.1. Special limit while traveling through a

highway construction or maintenance speed zone.

(a) A person may not operate a motor vehicle in a

construction or maintenance speed zone at a speed in excess of

the posted speed limit when workers are present.

(a-5) A person may not operate a motor vehicle in a

construction or maintenance speed zone at a speed in excess of

the posted speed limit when workers are not present.

(b) Nothing in this Chapter prohibits the use of electronic

speed-detecting devices within 500 feet of signs within a

construction or maintenance speed zone indicating the zone, as

defined in this Section, nor shall evidence obtained by use of

those devices be inadmissible in any prosecution for speeding,

provided the use of the device shall apply only to the

enforcement of the speed limit in the construction or

maintenance speed zone.

(c) As used in this Section, a "construction or maintenance

speed zone" is an area in which the Department, Toll Highway

Authority, or local agency has posted signage advising drivers

that a construction or maintenance speed zone is being

approached, or in which the Department, Authority, or local

agency has posted a lower speed limit with a highway

construction or maintenance speed zone special speed limit sign

after determining that the preexisting established speed limit

through a highway construction or maintenance project is

greater than is reasonable or safe with respect to the

conditions expected to exist in the construction or maintenance

speed zone.

If it is determined that the preexisting established speed

limit is safe with respect to the conditions expected to exist

in the construction or maintenance speed zone, additional speed

limit signs which conform to the requirements of this

subsection (c) shall be posted.

Highway construction or maintenance speed zone special

speed limit signs shall be of a design approved by the

Department. The signs must give proper due warning that a

construction or maintenance speed zone is being approached and

must indicate the maximum speed limit in effect. The signs also

must state the amount of the minimum fine for a violation.

(d) Except as provided under subsection (d-5), a person who

violates this Section is guilty of a petty offense. Violations

of this Section are punishable with a minimum fine of $250 for

the first violation and a minimum fine of $750 for the second

or subsequent violation.

(d-5) A person committing a violation of this Section is

guilty of aggravated special speed limit while traveling

through a highway construction or maintenance speed zone when

he or she drives a motor vehicle at a speed that is:

(1) 26 miles per hour or more but less than 35 miles

per hour in excess of the applicable special speed limit

established under this Section or a similar provision of a

local ordinance and is guilty of a Class B misdemeanor; or

(2) 35 miles per hour or more in excess of the

applicable special speed limit established under this

Section or a similar provision of a local ordinance and is

guilty of a Class A misdemeanor.

(e) (Blank). If a fine for a violation of this Section is

$250 or greater, the person who violated this Section shall be

charged an additional $125, which shall be deposited into the

Transportation Safety Highway Hire-back Fund in the State

treasury, unless (i) the violation occurred on a highway other

than an interstate highway and (ii) a county police officer

wrote the ticket for the violation, in which case the $125

shall be deposited into that county's Transportation Safety

Highway Hire-back Fund. In the case of a second or subsequent

violation of this Section, if the fine is $750 or greater, the

person who violated this Section shall be charged an additional

$250, which shall be deposited into the Transportation Safety

Highway Hire-back Fund in the State treasury, unless (i) the

violation occurred on a highway other than an interstate

highway and (ii) a county police officer wrote the ticket for

the violation, in which case the $250 shall be deposited into

that county's Transportation Safety Highway Hire-back Fund.

(e-5) The Department of State Police and the local county

police department have concurrent jurisdiction over any

violation of this Section that occurs on an interstate highway.

(f) The Transportation Safety Highway Hire-back Fund,

which was created by Public Act 92-619, shall continue to be a

special fund in the State treasury. Subject to appropriation by

the General Assembly and approval by the Secretary, the

Secretary of Transportation shall use all moneys in the

Transportation Safety Highway Hire-back Fund to hire off-duty

Department of State Police officers to monitor construction or

maintenance zones.

(f-5) Each county shall create a Transportation Safety

Highway Hire-back Fund. The county shall use the moneys in its

Transportation Safety Highway Hire-back Fund to hire off-duty

county police officers to monitor construction or maintenance

zones in that county on highways other than interstate

highways. The county, in its discretion, may also use a portion

of the moneys in its Transportation Safety Highway Hire-back

Fund to purchase equipment for county law enforcement and fund

the production of materials to educate drivers on construction

zone safe driving habits.

(g) For a second or subsequent violation of this Section

within 2 years of the date of the previous violation, the

Secretary of State shall suspend the driver's license of the

violator for a period of 90 days. This suspension shall only be

imposed if the current violation of this Section and at least

one prior violation of this Section occurred during a period

when workers were present in the construction or maintenance

zone.

(Source: P.A. 98-337, eff. 1-1-14; 99-212, eff. 1-1-16; 99-280,

eff. 1-1-16; 99-642, eff. 7-28-16.)

(625 ILCS 5/11-605.3)

Sec. 11-605.3. Special traffic protections while passing

parks and recreation facilities and areas.

(a) As used in this Section:

(1) "Park district" means the following entities:

(A) any park district organized under the Park

District Code;

(B) any park district organized under the Chicago

Park District Act; and

(C) any municipality, county, forest district,

school district, township, or other unit of local

government that operates a public recreation

department or public recreation facilities that has

recreation facilities that are not on land owned by any

park district listed in subparagraphs (A) and (B) of

this subdivision (a)(1).

(2) "Park zone" means the recreation facilities and

areas on any land owned or operated by a park district that

are used for recreational purposes, including but not

limited to: parks; playgrounds; swimming pools; hiking

trails; bicycle paths; picnic areas; roads and streets; and

parking lots.

(3) "Park zone street" means that portion of any street

or intersection under the control of a local unit of

government, adjacent to a park zone, where the local unit

of government has, by ordinance or resolution, designated

and approved the street or intersection as a park zone

street. If, before the effective date of this amendatory

Act of the 94th General Assembly, a street already had a

posted speed limit lower than 20 miles per hour, then the

lower limit may be used for that park zone street.

(4) "Safety purposes" means the costs associated with:

park zone safety education; the purchase, installation,

and maintenance of signs, roadway painting, and caution

lights mounted on park zone signs; and any other expense

associated with park zones and park zone streets.

(b) On any day when children are present and within 50 feet

of motorized traffic, a person may not drive a motor vehicle at

a speed in excess of 20 miles per hour or any lower posted

speed while traveling on a park zone street that has been

designated for the posted reduced speed.

(c) On any day when children are present and within 50 feet

of motorized traffic, any driver traveling on a park zone

street who fails to come to a complete stop at a stop sign or

red light, including a driver who fails to come to a complete

stop at a red light before turning right onto a park zone

street, is in violation of this Section.

(d) This Section does not apply unless appropriate signs

are posted upon park zone streets maintained by the Department

or by the unit of local government in which the park zone is

located. With regard to the special speed limit on park zone

streets, the signs must give proper due warning that a park

zone is being approached and must indicate the maximum speed

limit on the park zone street.

(e) A first violation of this Section is a petty offense

with a minimum fine of $250. A second or subsequent violation

of this Section is a petty offense with a minimum fine of $500.

(f) (Blank). When a fine for a violation of this Section is

imposed, the person who violates this Section shall be charged

an additional $50, to be paid to the park district for safety

purposes.

(g) The Department shall, within 6 months of the effective

date of this amendatory Act of the 94th General Assembly,

design a set of standardized traffic signs for park zones and

park zone streets, including but not limited to: "park zone",

"park zone speed limit", and "warning: approaching a park

zone". The design of these signs shall be made available to all

units of local government or manufacturers at no charge, except

for reproduction and postage.

(Source: P.A. 94-808, eff. 5-26-06.)

(625 ILCS 5/11-1002.5)

Sec. 11-1002.5. Pedestrians' right-of-way at crosswalks;

school zones.

(a) For the purpose of this Section, "school" has the

meaning ascribed to that term in Section 11-605.

On a school day when school children are present and so

close thereto that a potential hazard exists because of the

close proximity of the motorized traffic and when traffic

control signals are not in place or not in operation, the

driver of a vehicle shall stop and yield the right-of-way to a

pedestrian crossing the roadway within a crosswalk when the

pedestrian is upon the half of the roadway upon which the

vehicle is traveling, or when the pedestrian is approaching so

closely from the opposite half of the roadway as to be in

danger.

For the purpose of this Section, a school day shall begin

at seven ante meridian and shall conclude at four post

meridian.

This Section shall not be applicable unless appropriate

signs are posted in accordance with Section 11-605.

(b) A first violation of this Section is a petty offense

with a minimum fine of $150. A second or subsequent violation

of this Section is a petty offense with a minimum fine of $300.

(c) (Blank). When a fine for a violation of subsection (a)

is $150 or greater, the person who violates subsection (a)

shall be charged an additional $50 to be paid to the unit

school district where the violation occurred for school safety

purposes. If the violation occurred in a dual school district,

$25 of the surcharge shall be paid to the elementary school

district for school safety purposes and $25 of the surcharge

shall be paid to the high school district for school safety

purposes. Notwithstanding any other provision of law, the

entire $50 surcharge shall be paid to the appropriate school

district or districts.

For purposes of this subsection (c), "school safety

purposes" has the meaning ascribed to that term in Section

11-605.

(Source: P.A. 95-302, eff. 1-1-08; 96-1165, eff. 7-22-10.)

(625 ILCS 5/15-113) (from Ch. 95 1/2, par. 15-113)

Sec. 15-113. Violations; Penalties.

(a) Whenever any vehicle is operated in violation of the

provisions of Section 15-111 or subsection (d) of Section

3-401, the owner or driver of such vehicle shall be deemed

guilty of such violation and either the owner or the driver of

such vehicle may be prosecuted for such violation. Any person

charged with a violation of any of these provisions who pleads

not guilty shall be present in court for the trial on the

charge. Any person, firm or corporation convicted of any

violation of Section 15-111 including, but not limited to, a

maximum axle or gross limit specified on a regulatory sign

posted in accordance with paragraph (e) or (f) of Section

15-111, shall be fined according to the following schedule:

Up to and including 2000 pounds overweight, the fine is $100

From 2001 through 2500 pounds overweight, the fine is $270

From 2501 through 3000 pounds overweight, the fine is $330

From 3001 through 3500 pounds overweight, the fine is $520

From 3501 through 4000 pounds overweight, the fine is $600

From 4001 through 4500 pounds overweight, the fine is $850

From 4501 through 5000 pounds overweight, the fine is $950

From 5001 or more pounds overweight, the fine shall be computed

by assessing $1500 for the first 5000 pounds overweight and

$150 for each additional increment of 500 pounds overweight or

fraction thereof.

In addition any person, firm or corporation convicted of 4

or more violations of Section 15-111 within any 12 month period

shall be fined an additional amount of $5,000 for the fourth

and each subsequent conviction within the 12 month period.

Provided, however, that with regard to a firm or corporation, a

fourth or subsequent conviction shall mean a fourth or

subsequent conviction attributable to any one employee-driver.

(b) Whenever any vehicle is operated in violation of the

provisions of Sections 15-102, 15-103 or 15-107, the owner or

driver of such vehicle shall be deemed guilty of such violation

and either may be prosecuted for such violation. Any person,

firm or corporation convicted of any violation of Sections

15-102, 15-103 or 15-107 shall be fined for the first or second

conviction an amount equal to not less than $50 nor more than

$500, and for the third and subsequent convictions by the same

person, firm or corporation within a period of one year after

the date of the first offense, not less than $500 nor more than

$1,000.

(c) All proceeds equal to 50% of the additional fines

imposed under subsection (a) of this Section by this amendatory

Act of the 96th General Assembly shall be remitted to the State

Treasurer and deposited into the Capital Projects Fund.

(Source: P.A. 96-34, eff. 1-1-10; 96-1000, eff. 7-2-10; 97-201,

eff. 1-1-12.)

(625 ILCS 5/16-105) (from Ch. 95 1/2, par. 16-105)

Sec. 16-105. Disposition of fines and forfeitures.

(a) Except as provided in Section 15-113 and Section

16-104a of this Act and except for those amounts required to be

paid into the Traffic and Criminal Conviction Surcharge Fund in

the State Treasury pursuant to Section 9.1 of the Illinois

Police Training Act and Section 5-9-1 of the Unified Code of

Corrections and except those amounts subject to disbursement by

the circuit clerk under the Criminal and Traffic Assessment Act

Section 27.5 of the Clerks of Courts Act, fines and penalties

recovered under the provisions of Chapters 3 11 through 17 and

18b 16 inclusive of this Code shall be paid and used as

follows:

1. For offenses committed upon a highway within the

limits of a city, village, or incorporated town or under

the jurisdiction of any park district, to the treasurer of

the particular city, village, incorporated town or park

district, if the violator was arrested by the authorities

of the city, village, incorporated town or park district,

provided the police officers and officials of cities,

villages, incorporated towns and park districts shall

seasonably prosecute for all fines and penalties under this

Code. If the violation is prosecuted by the authorities of

the county, any fines or penalties recovered shall be paid

to the county treasurer, except that fines and penalties

recovered from violations arrested by the State Police

shall be remitted to the State Police Law Enforcement

Administration Fund. Provided further that if the violator

was arrested by the State Police, fines and penalties

recovered under the provisions of paragraph (a) of Section

15-113 of this Code or paragraph (e) of Section 15-316 of

this Code shall be paid over to the Department of State

Police which shall thereupon remit the amount of the fines

and penalties so received to the State Treasurer who shall

deposit the amount so remitted in the special fund in the

State treasury known as the Road Fund except that if the

violation is prosecuted by the State's Attorney, 10% of the

fine or penalty recovered shall be paid to the State's

Attorney as a fee of his office and the balance shall be

paid over to the Department of State Police for remittance

to and deposit by the State Treasurer as hereinabove

provided.

2. Except as provided in paragraph 4, for offenses

committed upon any highway outside the limits of a city,

village, incorporated town or park district, to the county

treasurer of the county where the offense was committed

except if such offense was committed on a highway

maintained by or under the supervision of a township,

township district, or a road district to the Treasurer

thereof for deposit in the road and bridge fund of such

township or other district, except that fines and penalties

recovered from violations arrested by the State Police

shall be remitted to the State Police Law Enforcement

Administration Fund; provided ; Provided, that fines and

penalties recovered under the provisions of paragraph (a)

of Section 15-113, paragraph (d) of Section 3-401, or

paragraph (e) of Section 15-316 of this Code shall be paid

over to the Department of State Police which shall

thereupon remit the amount of the fines and penalties so

received to the State Treasurer who shall deposit the

amount so remitted in the special fund in the State

treasury known as the Road Fund except that if the

violation is prosecuted by the State's Attorney, 10% of the

fine or penalty recovered shall be paid to the State's

Attorney as a fee of his office and the balance shall be

paid over to the Department of State Police for remittance

to and deposit by the State Treasurer as hereinabove

provided.

3. Notwithstanding subsections 1 and 2 of this

paragraph, for violations of overweight and overload

limits found in Sections 15-101 through 15-203 of this

Code, which are committed upon the highways belonging to

the Illinois State Toll Highway Authority, fines and

penalties shall be paid over to the Illinois State Toll

Highway Authority for deposit with the State Treasurer into

that special fund known as the Illinois State Toll Highway

Authority Fund, except that if the violation is prosecuted

by the State's Attorney, 10% of the fine or penalty

recovered shall be paid to the State's Attorney as a fee of

his office and the balance shall be paid over to the

Illinois State Toll Highway Authority for remittance to and

deposit by the State Treasurer as hereinabove provided.

4. With regard to violations of overweight and overload

limits found in Sections 15-101 through 15-203 of this Code

committed by operators of vehicles registered as Special

Hauling Vehicles, for offenses committed upon a highway

within the limits of a city, village, or incorporated town

or under the jurisdiction of any park district, all fines

and penalties shall be paid over or retained as required in

paragraph 1. However, with regard to the above offenses

committed by operators of vehicles registered as Special

Hauling Vehicles upon any highway outside the limits of a

city, village, incorporated town or park district, fines

and penalties shall be paid over or retained by the entity

having jurisdiction over the road or highway upon which the

offense occurred, except that if the violation is

prosecuted by the State's Attorney, 10% of the fine or

penalty recovered shall be paid to the State's Attorney as

a fee of his office.

(b) Failure, refusal or neglect on the part of any judicial

or other officer or employee receiving or having custody of any

such fine or forfeiture either before or after a deposit with

the proper official as defined in paragraph (a) of this

Section, shall constitute misconduct in office and shall be

grounds for removal therefrom.

(Source: P.A. 96-34, eff. 1-1-10.)

(625 ILCS 5/16-104a rep.)

(625 ILCS 5/16-104b rep.)

(625 ILCS 5/16-104c rep.)

(625 ILCS 5/16-104d rep.)

(625 ILCS 5/16-104d-1 rep.)

Section 905-47. The Illinois Vehicle Code is amended by

repealing Sections 16-104a, 16-104b, 16-104c, 16-104d, and

16-104d-1.

Section 905-50. The Access to Justice Act is amended by

changing Section 15 as follows:

(705 ILCS 95/15)

Sec. 15. Access to Justice Fund.

(a) The Access to Justice Fund is created as a special fund

in the State treasury. The Fund shall consist of fees collected

under Section 27.3g of the Clerks of Courts Act. Moneys in the

Access to Justice Fund shall be appropriated to the Attorney

General for disbursements to the Foundation. The Foundation

shall use the moneys to make grants and distributions for the

administration of the pilot programs created under this Act.

Grants or distributions made under this Act to the Foundation

are subject to the requirements of the Illinois Grant Funds

Recovery Act.

(b) In accordance with the requirements of the Illinois

Equal Justice Act, the Foundation may make grants, enter into

contracts, and take other actions recommended by the Council to

effectuate the pilot programs and comply with the other

requirements of this Act.

(c) The governing board of the Foundation must prepare and

submit an annual report to the Governor, the President of the

Senate, the Minority Leader of the Senate, the Speaker of the

House of Representatives, the Minority Leader of the House of

Representatives, and the Justices of the Illinois Supreme

Court. The report must include: (i) a statement of the total

receipts and a breakdown by source during each of the previous

2 calendar years; (ii) a list of the names and addresses of the

recipients that are currently receiving grants or

distributions and that received grants or distributions in the

previous year and the amounts committed to recipients for the

current year and paid in the previous year; (iii) a breakdown

of the amounts of grants or distributions paid during the

previous year to recipients and the amounts committed to each

recipient for the current year; (iv) a breakdown of the

Foundation's costs in administering the Fund; (v) a statement

of the Fund balance at the start and at the close of the

previous year and the interest earned during the previous year;

and (vi) any notices the Foundation issued denying applications

for grants or distributions under this Act. The report, in its

entirety, is a public record, and the Foundation and the

Governor shall make the report available for inspection upon

request.

(d) The Foundation may annually retain a portion of the

disbursements it receives under this Section to reimburse the

Foundation for the actual cost of administering the Council and

for making the grants and distributions pursuant to this Act

during that year.

(e) No moneys distributed by the Foundation from the Access

to Justice Fund may be directly or indirectly used for lobbying

activities, as defined in Section 2 of the Lobbyist

Registration Act or as defined in any ordinance or resolution

of a municipality, county, or other unit of local government in

Illinois.

(f) The Foundation may make, enter into, and execute

contracts, agreements, leases, and other instruments with any

person, including without limitation any federal, State, or

local governmental agency, and may take other actions that may

be necessary or convenient to accomplish any purpose authorized

by this Act.

(g) The Foundation has the authority to receive and accept

any and all grants, loans, subsidies, matching funds,

reimbursements, federal grant moneys, fees for services, and

other things of value from the federal or State government or

any agency of any other state or from any institution, person,

firm, or corporation, public or private, to be used to carry

out the purposes of this Act.

(Source: P.A. 98-351, eff. 8-15-13; 99-281, eff. 8-5-15.)

Section 905-55. The Clerks of Courts Act is amended by

changing Sections 27.2b and 27.3 and by adding Sections 27.1b

and 27.3b-1 as follows:

(705 ILCS 105/27.1b new)

Sec. 27.1b. Circuit court clerk fees. Notwithstanding any

other provision of law, all fees charged by the clerks of the

circuit court for the services described in this Section shall

be established, collected, and disbursed in accordance with

this Section. All fees under this Section shall be paid in

advance and disbursed by each clerk on a monthly basis. Unless

otherwise specified in this Section, the amount of a fee shall

be determined by ordinance or resolution of the county board

and remitted to the county treasurer to be used for purposes

related to the operation of the court system in the county. In

a county with population of over 3,000,000, any amount retained

by the clerk of the circuit court or remitted to the county

treasurer shall be subject to appropriation by the county

board.

(a) Civil cases. The fee for filing a complaint, petition,

or other pleading initiating a civil action shall be as set

forth in the applicable schedule under this subsection in

accordance with case categories established by the Supreme

Court in schedules.

(1) SCHEDULE 1: not to exceed a total of $366 in a

county with a population of 3,000,000 or more and $316 in

any other county, except as applied to units of local

government and school districts in counties with more than

3,000,000 inhabitants an amount not to exceed $190 through

December 31, 2021 and $184 on and after January 1, 2022.

The fees collected under this schedule shall be disbursed

as follows:

(A) The clerk shall retain a sum, in an amount not

to exceed $55 in a county with a population of

3,000,000 or more and $45 in any other county

determined by the clerk with the approval of the

Supreme Court, to be used for court automation, court

document storage, and administrative purposes.

(B) The clerk shall remit up to $21 to the State

Treasurer. The State Treasurer shall deposit the

appropriate amounts, in accordance with the clerk's

instructions, as follows:

(i) up to $10, as specified by the Supreme

Court in accordance with Part 10A of Article II of

the Code of Civil Procedure, into the Mandatory

Arbitration Fund;

(ii) $2 into the Access to Justice Fund; and

(iii) $9 into the Supreme Court Special

Purposes Fund.

(C) The clerk shall remit a sum to the County

Treasurer, in an amount not to exceed $290 in a county

with a population of 3,000,000 or more and in an amount

not to exceed $250 in any other county, as specified by

ordinance or resolution passed by the county board, for

purposes related to the operation of the court system

in the county.

(2) SCHEDULE 2: not to exceed a total of $357 in a

county with a population of 3,000,000 or more and $266 in

any other county, except as applied to units of local

government and school districts in counties with more than

3,000,000 inhabitants an amount not to exceed $190 through

December 31, 2021 and $184 on and after January 1, 2022.

The fees collected under this schedule shall be disbursed

as follows:

(A) The clerk shall retain a sum, in an amount not

to exceed $55 in a county with a population of

3,000,000 or more and $45 in any other county

determined by the clerk with the approval of the

Supreme Court, to be used for court automation, court

document storage, and administrative purposes.

(B) The clerk shall remit up to $21 to the State

Treasurer. The State Treasurer shall deposit the

appropriate amounts, in accordance with the clerk's

instructions, as follows:

(i) up to $10, as specified by the Supreme

Court in accordance with Part 10A of Article II of

the Code of Civil Procedure, into the Mandatory

Arbitration Fund;

(ii) $2 into the Access to Justice Fund: and

(iii) $9 into the Supreme Court Special

Purposes Fund.

(C) The clerk shall remit a sum to the County

Treasurer, in an amount not to exceed $281 in a county

with a population of 3,000,000 or more and in an amount

not to exceed $200 in any other county, as specified by

ordinance or resolution passed by the county board, for

purposes related to the operation of the court system

in the county.

(3) SCHEDULE 3: not to exceed a total of $265 in a

county with a population of 3,000,000 or more and $89 in

any other county, except as applied to units of local

government and school districts in counties with more than

3,000,000 inhabitants an amount not to exceed $190 through

December 31, 2021 and $184 on and after January 1, 2022.

The fees collected under this schedule shall be disbursed

as follows:

(A) The clerk shall retain a sum, in an amount not

to exceed $55 in a county with a population of

3,000,000 or more and $22 in any other county

determined by the clerk with the approval of the

Supreme Court, to be used for court automation, court

document storage, and administrative purposes.

(B) The clerk shall remit $11 to the State

Treasurer. The State Treasurer shall deposit the

appropriate amounts in accordance with the clerk's

instructions, as follows:

(i) $2 into the Access to Justice Fund; and

(ii) $9 into the Supreme Court Special

Purposes Fund.

(C) The clerk shall remit a sum to the County

Treasurer, in an amount not to exceed $199 in a county

with a population of 3,000,000 or more and in an amount

not to exceed $56 in any other county, as specified by

ordinance or resolution passed by the county board, for

purposes related to the operation of the court system

in the county.

(4) SCHEDULE 4: $0.

(b) Appearance. The fee for filing an appearance in a civil

action, including a cannabis civil law action under the

Cannabis Control Act, shall be as set forth in the applicable

schedule under this subsection in accordance with case

categories established by the Supreme Court in schedules.

(1) SCHEDULE 1: not to exceed a total of $230 in a

county with a population of 3,000,000 or more and $191 in

any other county, except as applied to units of local

government and school districts in counties with more than

3,000,000 inhabitants an amount not to exceed $75. The fees

collected under this schedule shall be disbursed as

follows:

(A) The clerk shall retain a sum, in an amount not

to exceed $50 in a county with a population of

3,000,000 or more and $45 in any other county

determined by the clerk with the approval of the

Supreme Court, to be used for court automation, court

document storage, and administrative purposes.

(B) The clerk shall remit up to $21 to the State

Treasurer. The State Treasurer shall deposit the

appropriate amounts, in accordance with the clerk's

instructions, as follows:

(i) up to $10, as specified by the Supreme

Court in accordance with Part 10A of Article II of

the Code of Civil Procedure, into the Mandatory

Arbitration Fund;

(ii) $2 into the Access to Justice Fund; and

(iii) $9 into the Supreme Court Special

Purposes Fund.

(C) The clerk shall remit a sum to the County

Treasurer, in an amount not to exceed $159 in a county

with a population of 3,000,000 or more and in an amount

not to exceed $125 in any other county, as specified by

ordinance or resolution passed by the county board, for

purposes related to the operation of the court system

in the county.

(2) SCHEDULE 2: not to exceed a total of $130 in a

county with a population of 3,000,000 or more and $109 in

any other county, except as applied to units of local

government and school districts in counties with more than

3,000,000 inhabitants an amount not to exceed $75. The fees

collected under this schedule shall be disbursed as

follows:

(A) The clerk shall retain a sum, in an amount not

to exceed $50 in a county with a population of

3,000,000 or more and $10 in any other county

determined by the clerk with the approval of the

Supreme Court, to be used for court automation, court

document storage, and administrative purposes.

(B) The clerk shall remit $9 to the State

Treasurer, which the State Treasurer shall deposit

into the Supreme Court Special Purpose Fund.

(C) The clerk shall remit a sum to the County

Treasurer, in an amount not to exceed $71 in a county

with a population of 3,000,000 or more and in an amount

not to exceed $90 in any other county, as specified by

ordinance or resolution passed by the county board, for

purposes related to the operation of the court system

in the county.

(3) SCHEDULE 3: $0.

(b-5) Kane County and Will County. In Kane County and Will

County civil cases, there is an additional fee of up to $30 as

set by the county board under Section 5-1101.3 of the Counties

Code to be paid by each party at the time of filing the first

pleading, paper, or other appearance; provided that no

additional fee shall be required if more than one party is

represented in a single pleading, paper, or other appearance.

Distribution of fees collected under this subsection (b-5)

shall be as provided in Section 5-1101.3 of the Counties Code.

(c) Counterclaim or third party complaint. When any

defendant files a counterclaim or third party complaint, as

part of the defendant's answer or otherwise, the defendant

shall pay a filing fee for each counterclaim or third party

complaint in an amount equal to the filing fee the defendant

would have had to pay had the defendant brought a separate

action for the relief sought in the counterclaim or third party

complaint, less the amount of the appearance fee, if any, that

the defendant has already paid in the action in which the

counterclaim or third party complaint is filed.

(d) Alias summons. The clerk shall collect a fee not to

exceed $6 in a county with a population of 3,000,000 or more

and $5 in any other county for each alias summons or citation

issued by the clerk, except as applied to units of local

government and school districts in counties with more than

3,000,000 inhabitants an amount not to exceed $5 for each alias

summons or citation issued by the clerk.

(e) Jury services. The clerk shall collect, in addition to

other fees allowed by law, a sum not to exceed $212.50, as a

fee for the services of a jury in every civil action not

quasi-criminal in its nature and not a proceeding for the

exercise of the right of eminent domain and in every other

action wherein the right of trial by jury is or may be given by

law. The jury fee shall be paid by the party demanding a jury

at the time of filing the jury demand. If the fee is not paid by

either party, no jury shall be called in the action or

proceeding, and the action or proceeding shall be tried by the

court without a jury.

(f) Change of venue. In connection with a change of venue:

(1) The clerk of the jurisdiction from which the case

is transferred may charge a fee, not to exceed $40, for the

preparation and certification of the record; and

(2) The clerk of the jurisdiction to which the case is

transferred may charge the same filing fee as if it were

the commencement of a new suit.

(g) Petition to vacate or modify.

(1) In a proceeding involving a petition to vacate or

modify any final judgment or order filed within 30 days

after the judgment or order was entered, except for a

forcible entry and detainer case, small claims case,

petition to reopen an estate, petition to modify,

terminate, or enforce a judgment or order for child or

spousal support, or petition to modify, suspend, or

terminate an order for withholding, the fee shall not

exceed $60 in a county with a population of 3,000,000 or

more and $50 in any other county, except as applied to

units of local government and school districts in counties

with more than 3,000,000 inhabitants an amount not to

exceed $50.

(2) In a proceeding involving a petition to vacate or

modify any final judgment or order filed more than 30 days

after the judgment or order was entered, except for a

petition to modify, terminate, or enforce a judgment or

order for child or spousal support, or petition to modify,

suspend, or terminate an order for withholding, the fee

shall not exceed $75.

(3) In a proceeding involving a motion to vacate or

amend a final order, motion to vacate an ex parte judgment,

judgment of forfeiture, or "failure to appear" or "failure

to comply" notices sent to the Secretary of State, the fee

shall equal $40.

(h) Appeals preparation. The fee for preparation of a

record on appeal shall be based on the number of pages, as

follows:

(1) if the record contains no more than 100 pages, the

fee shall not exceed $70 in a county with a population of

3,000,000 or more and $50 in any other county;

(2) if the record contains between 100 and 200 pages,

the fee shall not exceed $100; and

(3) if the record contains 200 or more pages, the clerk

may collect an additional fee not to exceed 25 cents per

page.

(i) Remands. In any cases remanded to the circuit court

from the Supreme Court or the appellate court for a new trial,

the clerk shall reinstate the case with either its original

number or a new number. The clerk shall not charge any new or

additional fee for the reinstatement. Upon reinstatement, the

clerk shall advise the parties of the reinstatement. Parties

shall have the same right to a jury trial on remand and

reinstatement that they had before the appeal, and no

additional or new fee or charge shall be made for a jury trial

after remand.

(j) Garnishment, wage deduction, and citation. In

garnishment affidavit, wage deduction affidavit, and citation

petition proceedings:

(1) if the amount in controversy in the proceeding is

not more than $1,000, the fee may not exceed $35 in a

county with a population of 3,000,000 or more and $15 in

any other county, except as applied to units of local

government and school districts in counties with more than

3,000,000 inhabitants an amount not to exceed $15;

(2) if the amount in controversy in the proceeding is

greater than $1,000 and not more than $5,000, the fee may

not exceed $45 in a county with a population of 3,000,000

or more and $30 in any other county, except as applied to

units of local government and school districts in counties

with more than 3,000,000 inhabitants an amount not to

exceed $30; and

(3) if the amount in controversy in the proceeding is

greater than $5,000, the fee may not exceed $65 in a county

with a population of 3,000,000 or more and $50 in any other

county, except as applied to units of local government and

school districts in counties with more than 3,000,000

inhabitants an amount not to exceed $50.

(k) Collections.

(1) For all collections made of others, except the

State and county and except in maintenance or child support

cases, the clerk may collect a fee of up to 2.5% of the

amount collected and turned over.

(2) In child support and maintenance cases, the clerk

may collect an annual fee of up to $36 from the person

making payment for maintaining child support records and

the processing of support orders to the State of Illinois

KIDS system and the recording of payments issued by the

State Disbursement Unit for the official record of the

Court. This fee is in addition to and separate from amounts

ordered to be paid as maintenance or child support and

shall be deposited into a Separate Maintenance and Child

Support Collection Fund, of which the clerk shall be the

custodian, ex officio, to be used by the clerk to maintain

child support orders and record all payments issued by the

State Disbursement Unit for the official record of the

Court. The clerk may recover from the person making the

maintenance or child support payment any additional cost

incurred in the collection of this annual fee.

(3) The clerk may collect a fee of $5 for

certifications made to the Secretary of State as provided

in Section 7-703 of the Family Financial Responsibility Law

and these fees shall be deposited into the Separate

Maintenance and Child Support Collection Fund.

(4) In proceedings to foreclose the lien of delinquent

real estate taxes State's Attorneys shall receive a fee of

10% of the total amount realized from the sale of real

estate sold in the proceedings. The clerk shall collect the

fee from the total amount realized from the sale of the

real estate sold in the proceedings and remit to the County

Treasurer to be credited to the earnings of the Office of

State's Attorney.

(l) Mailing. The fee for the clerk mailing documents shall

not exceed $10 plus the cost of postage.

(m) Certified copies. The fee for each certified copy of a

judgment, after the first copy, shall not exceed $10.

(n) Certification, authentication, and reproduction.

(1) The fee for each certification or authentication

for taking the acknowledgment of a deed or other instrument

in writing with the seal of office shall not exceed $6.

(2) The fee for reproduction of any document contained

in the clerk's files shall not exceed:

(A) $2 for the first page;

(B) 50 cents per page for the next 19 pages; and

(C) 25 cents per page for all additional pages.

(o) Record search. For each record search, within a

division or municipal district, the clerk may collect a search

fee not to exceed $6 for each year searched.

(p) Hard copy. For each page of hard copy print output,

when case records are maintained on an automated medium, the

clerk may collect a fee not to exceed $10 in a county with a

population of 3,000,000 or more and $6 in any other county,

except as applied to units of local government and school

districts in counties with more than 3,000,000 inhabitants an

amount not to exceed $6.

(q) Index inquiry and other records. No fee shall be

charged for a single plaintiff and defendant index inquiry or

single case record inquiry when this request is made in person

and the records are maintained in a current automated medium,

and when no hard copy print output is requested. The fees to be

charged for management records, multiple case records, and

multiple journal records may be specified by the Chief Judge

pursuant to the guidelines for access and dissemination of

information approved by the Supreme Court.

(r) Performing a marriage. There shall be a $10 fee for

performing a marriage in court.

(s) Voluntary assignment. For filing each deed of voluntary

assignment, the clerk shall collect a fee not to exceed $20.

For recording a deed of voluntary assignment, the clerk shall

collect a fee not to exceed 50 cents for each 100 words.

Exceptions filed to claims presented to an assignee of a debtor

who has made a voluntary assignment for the benefit of

creditors shall be considered and treated, for the purpose of

taxing costs therein, as actions in which the party or parties

filing the exceptions shall be considered as party or parties

plaintiff, and the claimant or claimants as party or parties

defendant, and those parties respectively shall pay to the

clerk the same fees as provided by this Section to be paid in

other actions.

(t) Expungement petition. The clerk may collect a fee not

to exceed $60 for each expungement petition filed and an

additional fee not to exceed $4 for each certified copy of an

order to expunge arrest records.

(u) Transcripts of judgment. For the filing of a transcript

of judgment, the clerk may collect the same fee as if it were

the commencement of a new suit.

(v) Probate filings.

(1) For each account (other than one final account)

filed in the estate of a decedent, or ward, the fee shall

not exceed $25.

(2) For filing a claim in an estate when the amount

claimed is greater than $150 and not more than $500, the

fee shall not exceed $40 in a county with a population of

3,000,000 or more and $25 in any other county; when the

amount claimed is greater than $500 and not more than

$10,000, the fee shall not exceed $55 in a county with a

population of 3,000,000 or more and $40 in any other

county; and when the amount claimed is more than $10,000,

the fee shall not exceed $75 in a county with a population

of 3,000,000 or more and $60 in any other county; except

the court in allowing a claim may add to the amount allowed

the filing fee paid by the claimant.

(3) For filing in an estate a claim, petition, or

supplemental proceeding based upon an action seeking

equitable relief including the construction or contest of a

will, enforcement of a contract to make a will, and

proceedings involving testamentary trusts or the

appointment of testamentary trustees, the fee shall not

exceed $60.

(4) There shall be no fee for filing in an estate: (i)

the appearance of any person for the purpose of consent; or

(ii) the appearance of an executor, administrator,

administrator to collect, guardian, guardian ad litem, or

special administrator.

(5) For each jury demand, the fee shall not exceed

$137.50.

(6) For each certified copy of letters of office, of

court order, or other certification, the fee shall not

exceed $2 per page.

(7) For each exemplification, the fee shall not exceed

$2, plus the fee for certification.

(8) The executor, administrator, guardian, petitioner,

or other interested person or his or her attorney shall pay

the cost of publication by the clerk directly to the

newspaper.

(9) The person on whose behalf a charge is incurred for

witness, court reporter, appraiser, or other miscellaneous

fees shall pay the same directly to the person entitled

thereto.

(10) The executor, administrator, guardian,

petitioner, or other interested person or his or her

attorney shall pay to the clerk all postage charges

incurred by the clerk in mailing petitions, orders,

notices, or other documents pursuant to the provisions of

the Probate Act of 1975.

(w) Corrections of numbers. For correction of the case

number, case title, or attorney computer identification

number, if required by rule of court, on any document filed in

the clerk's office, to be charged against the party that filed

the document, the fee shall not exceed $25.

(x) Miscellaneous.

(1) Interest earned on any fees collected by the clerk

shall be turned over to the county general fund as an

earning of the office.

(2) For any check, draft, or other bank instrument

returned to the clerk for non-sufficient funds, account

closed, or payment stopped, the clerk shall collect a fee

of $25.

(y) Other fees. The clerk of the circuit court may provide

services in connection with the operation of the clerk's

office, other than those services mentioned in this Section, as

may be requested by the public and agreed to by the clerk and

approved by the Chief Judge. Any charges for additional

services shall be as agreed to between the clerk and the party

making the request and approved by the Chief Judge. Nothing in

this subsection shall be construed to require any clerk to

provide any service not otherwise required by law.

(y-5) Unpaid fees. Unless a court ordered payment schedule

is implemented or the fee requirements of this Section are

waived under a court order, the clerk of the circuit court may

add to any unpaid fees and costs under this Section a

delinquency amount equal to 5% of the unpaid fees that remain

unpaid after 30 days, 10% of the unpaid fees that remain unpaid

after 60 days, and 15% of the unpaid fees that remain unpaid

after 90 days. Notice to those parties may be made by signage

posting or publication. The additional delinquency amounts

collected under this Section shall be used to defray additional

administrative costs incurred by the clerk of the circuit court

in collecting unpaid fees and costs.

(z) Exceptions.

(1) No fee authorized by this Section shall apply to:

(A) police departments or other law enforcement

agencies. In this Section, "law enforcement agency"

means: an agency of the State or a unit of local

government which is vested by law or ordinance with the

duty to maintain public order and to enforce criminal

laws or ordinances; the Attorney General; or any

State's Attorney;

(A-5) any unit of local government or school

district in counties having a population of 500,000 or

less and the county board in counties having a

population exceeding 500,000 may by resolution set

reduced fees for units of local government or school

districts;

(B) any action instituted by the corporate

authority of a municipality with more than 1,000,000

inhabitants under Section 11-31-1 of the Illinois

Municipal Code and any action instituted under

subsection (b) of Section 11-31-1 of the Illinois

Municipal Code by a private owner or tenant of real

property within 1,200 feet of a dangerous or unsafe

building seeking an order compelling the owner or

owners of the building to take any of the actions

authorized under that subsection;

(C) any commitment petition or petition for an

order authorizing the administration of psychotropic

medication or electroconvulsive therapy under the

Mental Health and Developmental Disabilities Code;

(D) a petitioner in any order of protection

proceeding, including, but not limited to, fees for

filing, modifying, withdrawing, certifying, or

photocopying petitions for orders of protection,

issuing alias summons, any related filing service, or

certifying, modifying, vacating, or photocopying any

orders of protection; or

(E) proceedings for the appointment of a

confidential intermediary under the Adoption Act.

(2) No fee other than the filing fee contained in the

applicable schedule in subsection (a) shall be charged to

any person in connection with an adoption proceeding.

(3) Upon good cause shown, the court may waive any fees

associated with a special needs adoption. The term "special

needs adoption" has the meaning provided by the Illinois

Department of Children and Family Services.

(aa) This Section is repealed on December 31, 2019.

(705 ILCS 105/27.2b)

Sec. 27.2b. State income tax refund intercept. The Clerk

of the Circuit Court may enter into an agreement with the

Illinois Department of Revenue to establish a pilot program for

the purpose of collecting certain balances owed fees. The

purpose shall be to intercept, in whole or in part, State

income tax refunds due the persons who owe past due fees to the

Clerk of the Circuit Court in order to satisfy unpaid

assessments under the Criminal and Traffic Assessment Act and

fines as ordered by the court fees pursuant to the fee

requirements of Sections 27.1a, 27.2, and 27.2a of this Act.

The agreement shall include, but may not be limited to, a

certification by the Clerk of the Circuit Court that the debt

claims forwarded to the Department of Revenue are valid and

that reasonable efforts have been made to notify persons of the

delinquency of the debt. The agreement shall include provisions

for payment of the intercept by the Department of Revenue to

the Clerk of the Circuit Court and procedures for an

appeal/protest by the debtor when an intercept occurs. The

agreement may also include provisions to allow the Department

of Revenue to recover its cost for administering the program.

Intercepts made pursuant to this Section shall not

interfere with the collection of debts related to child

support. During the collection of debts under this Section,

when there are 2 or more debt claims certified to the

Department at the same time, priority of collection shall be as

provided in Section 911.3 of the Illinois Income Tax Act.

(Source: P.A. 93-836, eff. 1-1-05.)

(705 ILCS 105/27.3) (from Ch. 25, par. 27.3)

Sec. 27.3. Compensation.

(a) The county board shall provide the compensation of

Clerks of the Circuit Court, and the amount necessary for clerk

hire, stationery, fuel and other expenses. Beginning December

1, 1989, the compensation per annum for Clerks of the Circuit

Court shall be as follows:

In counties where the population is:

Less than 14,000....................... at least $13,500 14,001-30,000.......................... at least $14,500 30,001-60,000.......................... at least $15,000 60,001-100,000......................... at least $15,000 100,001-200,000........................ at least $16,500 200,001-300,000........................ at least $18,000 300,001- 3,000,000..................... at least $20,000 Over 3,000,000......................... at least $55,000

(b) In counties in which the population is 3,000,000 or

less, "base salary" is the compensation paid for each Clerk of

the Circuit Court, respectively, before July 1, 1989.

(c) The Clerks of the Circuit Court, in counties in which

the population is 3,000,000 or less, shall be compensated as

follows:

(1) Beginning December 1, 1989, base salary plus at

least 3% of base salary.

(2) Beginning December 1, 1990, base salary plus at

least 6% of base salary.

(3) Beginning December 1, 1991, base salary plus at

least 9% of base salary.

(4) Beginning December 1, 1992, base salary plus at

least 12% of base salary.

(d) In addition to the compensation provided by the county

board, each Clerk of the Circuit Court shall receive an award

from the State for the additional duties imposed by Sections

5-9-1 and 5-9-1.2 of the Unified Code of Corrections, Section

10 of the Violent Crime Victims Assistance Act, Section 16-104a

of the Illinois Vehicle Code, and other laws, in the following

amount:

(1) $3,500 per year before January 1, 1997.

(2) $4,500 per year beginning January 1, 1997.

(3) $5,500 per year beginning January 1, 1998.

(4) $6,500 per year beginning January 1, 1999.

The total amount required for such awards shall be appropriated

each year by the General Assembly to the Supreme Court, which

shall distribute such awards in annual lump sum payments to the

Clerks of the Circuit Court in all counties. This annual award,

and any other award or stipend paid out of State funds to the

Clerks of the Circuit Court, shall not affect any other

compensation provided by law to be paid to Clerks of the

Circuit Court.

(e) (Blank).

(f) No county board may reduce or otherwise impair the

compensation payable from county funds to a Clerk of the

Circuit Court if the reduction or impairment is the result of

the Clerk of the Circuit Court receiving an award or stipend

payable from State funds.

(Source: P.A. 98-24, eff. 6-19-13.)

(705 ILCS 105/27.3b-1 new)

Sec. 27.3b-1. Minimum fines; disbursement of fines.

(a) Unless otherwise specified by law, the minimum fine for

a conviction or supervision disposition on a minor traffic

offense is $25 and the minimum fine for a conviction,

supervision disposition, or violation based upon a plea of

guilty or finding of guilt for any other offense is $75. If the

court finds that the fine would impose an undue burden on the

victim, the court may reduce or waive the fine. In this

subsection (a), "victim" shall not be construed to include the

defendant.

(b) Unless otherwise specified by law, all fines imposed on

a misdemeanor offense, other than a traffic, conservation, or

driving under the influence offense, or on a felony offense

shall be disbursed within 60 days after receipt by the circuit

clerk to the county treasurer for deposit into the county's

General Fund. Unless otherwise specified by law, all fines

imposed on an ordinance offense or a misdemeanor traffic,

misdemeanor conservation, or misdemeanor driving under the

influence offense shall be disbursed within 60 days after

receipt by the circuit clerk to the treasurer of the unit of

government of the arresting agency. If the arresting agency is

the office of the sheriff, the county treasurer shall deposit

the portion into a fund to support the law enforcement

operations of the office of the sheriff. If the arresting

agency is a State agency, the State Treasurer shall deposit the

portion as follows:

(1) if the arresting agency is the Department of State

Police, into the State Police Law Enforcement

Administration Fund;

(2) if the arresting agency is the Department of

Natural Resources, into the Conservation Police Operations

Assistance Fund;

(3) if the arresting agency is the Secretary of State,

into the Secretary of State Police Services Fund; and

(4) if the arresting agency is the Illinois Commerce

Commission, into the Public Utility Fund.

(705 ILCS 105/27.1a rep.)

(705 ILCS 105/27.2 rep.)

(705 ILCS 105/27.2a rep.)

(705 ILCS 105/27.3a rep.)

(705 ILCS 105/27.3c rep.)

(705 ILCS 105/27.3e rep.)

(705 ILCS 105/27.3g rep.)

(705 ILCS 105/27.4 rep.)

(705 ILCS 105/27.5 rep.)

(705 ILCS 105/27.6 rep.)

(705 ILCS 105/27.7 rep.)

Section 905-57. The Clerks of Courts Act is amended by

repealing Sections 27.1a, 27.2, 27.2a, 27.3a, 27.3c, 27.3e,

27.3g, 27.4, 27.5, 27.6, and 27.7.

Section 905-60. The Juvenile Court Act of 1987 is amended

by changing Section 5-915 as follows:

(705 ILCS 405/5-915)

Sec. 5-915. Expungement of juvenile law enforcement and

court records.

(0.05) For purposes of this Section:

"Dissemination" or "disseminate" means to publish,

produce, print, manufacture, distribute, sell, lease,

exhibit, broadcast, display, transmit, or otherwise share

information in any format so as to make the information

accessible to others.

"Expunge" means to physically destroy the records and

to obliterate the minor's name and juvenile court records

from any official index, public record, or electronic

database. No evidence of the juvenile court records may be

retained by any law enforcement agency, the juvenile court,

or by any municipal, county, or State agency or department.

Nothing in this Act shall require the physical destruction

of the internal office records, files, or databases

maintained by a State's Attorney's Office or other

prosecutor or by the Office of the Secretary of State.

"Juvenile court record" includes, but is not limited

to:

(a) all documents filed in or maintained by the

juvenile court pertaining to a specific incident,

proceeding, or individual;

(b) all documents relating to a specific incident,

proceeding, or individual made available to or maintained

by probation officers;

(c) all documents, video or audio tapes,

photographs, and exhibits admitted into evidence at

juvenile court hearings; or

(d) all documents, transcripts, records, reports

or other evidence prepared by, maintained by, or released

by any municipal, county, or State state agency or

department, in any format, if indicating involvement with

the juvenile court relating to a specific incident,

proceeding, or individual.

"Law enforcement record" includes, but is not limited

to, records of arrest, station adjustments, fingerprints,

probation adjustments, the issuance of a notice to appear,

or any other records or documents maintained by any law

enforcement agency relating to a minor suspected of

committing an offense or evidence of interaction with law

enforcement.

(0.1) (a) The Department of State Police and all law

enforcement agencies within the State shall automatically

expunge, on or before January 1 of each year, all law

enforcement records relating to events occurring before an

individual's 18th birthday if:

(1) one year or more has elapsed since the date of the

arrest or law enforcement interaction documented in the

records;

(2) no petition for delinquency or criminal charges

were filed with the clerk of the circuit court relating to

the arrest or law enforcement interaction documented in the

records; and

(3) 6 months have elapsed without an additional

subsequent arrest or filing of a petition for delinquency

or criminal charges whether related or not to the arrest or

law enforcement interaction documented in the records.

(b) If the law enforcement agency is unable to verify

satisfaction of conditions (2) and (3) of this subsection

(0.1), records that satisfy condition (1) of this subsection

(0.1) shall be automatically expunged if the records relate to

an offense that if committed by an adult would not be an

offense classified as Class 2 felony or higher, an offense

under Article 11 of the Criminal Code of 1961 or Criminal Code

of 2012, or an offense under Section 12-13, 12-14, 12-14.1,

12-15, or 12-16 of the Criminal Code of 1961.

(0.2) (a) Upon dismissal of a petition alleging delinquency

or upon a finding of not delinquent, the successful termination

of an order of supervision, or an adjudication for an offense

which would be a Class B misdemeanor, Class C misdemeanor, or a

petty or business offense if committed by an adult, the court

shall automatically order the expungement of the juvenile court

and law enforcement records within 60 business days.

(b) If the chief law enforcement officer of the agency, or

his or her designee, certifies in writing that certain

information is needed for a pending investigation involving the

commission of a felony, that information, and information

identifying the juvenile, may be retained in an intelligence

file until the investigation is terminated or for one

additional year, whichever is sooner. Retention of a portion of

a juvenile's law enforcement record does not disqualify the

remainder of his or her record from immediate automatic

expungement.

(0.3) (a) Upon an adjudication of delinquency based on any

offense except a disqualified offense, the juvenile court shall

automatically order the expungement of the juvenile records 2

years after the juvenile's case was closed if no delinquency or

criminal proceeding is pending and the person has had no

subsequent delinquency adjudication or criminal conviction.

The court shall automatically order the expungement of the

juvenile court and law enforcement records within 60 business

days. For the purposes of this subsection (0.3), "disqualified

offense" means any of the following offenses: Section 8-1.2,

9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1,

10-4, 10-5, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,

11-6, 11-6.5, 12-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2,

12-6.5, 12-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5,

18-1, 18-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2,

24-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9,

29D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal

Code of 2012, or subsection (b) of Section 8-1, paragraph (4)

of subsection (a) of Section 11-14.4, subsection (a-5) of

Section 12-3.1, paragraph (1), (2), or (3) of subsection (a) of

Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3,

paragraph (1) or (2) of subsection (a) of Section 12-7.4,

subparagraph (i) of paragraph (1) of subsection (a) of Section

12-9, subparagraph (H) of paragraph (3) of subsection (a) of

Section 24-1.6, paragraph (1) of subsection (a) of Section

25-1, or subsection (a-7) of Section 31-1 of the Criminal Code

of 2012.

(b) If the chief law enforcement officer of the agency, or

his or her designee, certifies in writing that certain

information is needed for a pending investigation involving the

commission of a felony, that information, and information

identifying the juvenile, may be retained in an intelligence

file until the investigation is terminated or for one

additional year, whichever is sooner. Retention of a portion of

a juvenile's law enforcement record does not disqualify the

remainder of his or her record from immediate automatic

expungement.

(1) Nothing in this subsection (1) precludes an eligible

minor from obtaining expungement under subsection subsections

(0.1), (0.2), or (0.3). Whenever a person has been arrested,

charged, or adjudicated delinquent for an incident occurring

before his or her 18th birthday that if committed by an adult

would be an offense, and that person's records are not eligible

for automatic expungement under subsection subsections (0.1),

(0.2), or (0.3), the person may petition the court at any time

for expungement of law enforcement records and juvenile court

records relating to the incident and, upon termination of all

juvenile court proceedings relating to that incident, the court

shall order the expungement of all records in the possession of

the Department of State Police, the clerk of the circuit court,

and law enforcement agencies relating to the incident, but only

in any of the following circumstances:

(a) the minor was arrested and no petition for

delinquency was filed with the clerk of the circuit court;

(a-5) the minor was charged with an offense and the

petition or petitions were dismissed without a finding of

delinquency;

(b) the minor was charged with an offense and was found

not delinquent of that offense;

(c) the minor was placed under supervision pursuant to

Section 5-615, and the order of supervision has since been

successfully terminated; or

(d) the minor was adjudicated for an offense which

would be a Class B misdemeanor, Class C misdemeanor, or a

petty or business offense if committed by an adult.

(1.5) January 1, 2015 (Public Act 98-637) The Department of

State Police shall allow a person to use the Access and Review

process, established in the Department of State Police, for

verifying that his or her law enforcement records relating to

incidents occurring before his or her 18th birthday eligible

under this Act have been expunged.

(1.6) (Blank). January 1, 2015 (Public Act 98-637) January

1, 2015 (Public Act 98-637)

(1.7) (Blank).

(1.8) (Blank).

(2) Any person whose delinquency adjudications are not

eligible for automatic expungement under subsection (0.3) of

this Section may petition the court to expunge all law

enforcement records relating to any incidents occurring before

his or her 18th birthday which did not result in proceedings in

criminal court and all juvenile court records with respect to

any adjudications except those based upon first degree murder

or an offense under Article 11 of the Criminal Code of 2012 if

the person is required to register under the Sex Offender

Registration Act; provided that:

(a) (blank); or

(b) 2 years have elapsed since all juvenile court

proceedings relating to him or her have been terminated and

his or her commitment to the Department of Juvenile Justice

under this Act has been terminated.

(2.5) If a minor is arrested and no petition for

delinquency is filed with the clerk of the circuit court at the

time the minor is released from custody, the youth officer, if

applicable, or other designated person from the arresting

agency, shall notify verbally and in writing to the minor or

the minor's parents or guardians that the minor shall have an

arrest record and shall provide the minor and the minor's

parents or guardians with an expungement information packet,

information regarding this State's expungement laws including

a petition to expunge juvenile records obtained from the clerk

of the circuit court.

(2.6) If a minor is referred to court then at the time of

sentencing or dismissal of the case, or successful completion

of supervision, the judge shall inform the delinquent minor of

his or her rights regarding expungement and the clerk of the

circuit court shall provide an expungement information packet

to the minor, written in plain language, including information

regarding this State's expungement laws and a petition for

expungement, a sample of a completed petition, expungement

instructions that shall include information informing the

minor that (i) once the case is expunged, it shall be treated

as if it never occurred, (ii) he or she may apply to have

petition fees waived, (iii) once he or she obtains an

expungement, he or she may not be required to disclose that he

or she had a juvenile record, and (iv) if petitioning he or she

may file the petition on his or her own or with the assistance

of an attorney. The failure of the judge to inform the

delinquent minor of his or her right to petition for

expungement as provided by law does not create a substantive

right, nor is that failure grounds for: (i) a reversal of an

adjudication of delinquency, (ii) a new trial; or (iii) an

appeal.

(2.7) (Blank).

(2.8) The petition for expungement for subsection (1) and

(2) may include multiple offenses on the same petition and

shall be substantially in the following form:

IN THE CIRCUIT COURT OF ......, ILLINOIS

........ JUDICIAL CIRCUIT

IN THE INTEREST OF ) NO.

)

)

...................)

(Name of Petitioner)

PETITION TO EXPUNGE JUVENILE RECORDS

(705 ILCS 405/5-915 (SUBSECTION 1 AND 2))

Now comes ............., petitioner, and respectfully requests

that this Honorable Court enter an order expunging all juvenile

law enforcement and court records of petitioner and in support

thereof states that: Petitioner was arrested on ..... by the

....... Police Department for the offense or offenses of

......., and:

(Check All That Apply:)

( ) a. no petition or petitions were filed with the Clerk of

the Circuit Court.

( ) b. was charged with ...... and was found not delinquent of

the offense or offenses.

( ) c. a petition or petitions were filed and the petition or

petitions were dismissed without a finding of delinquency on

.....

( ) d. on ....... placed under supervision pursuant to Section

5-615 of the Juvenile Court Act of 1987 and such order of

supervision successfully terminated on ........

( ) e. was adjudicated for the offense or offenses, which would

have been a Class B misdemeanor, a Class C misdemeanor, or a

petty offense or business offense if committed by an adult.

( ) f. was adjudicated for a Class A misdemeanor or felony,

except first degree murder or an offense under Article 11 of

the Criminal Code of 2012 if the person is required to register

under the Sex Offender Registration Act, and 2 years have

passed since the case was closed.

Petitioner .... has .... has not been arrested on charges in

this or any county other than the charges listed above. If

petitioner has been arrested on additional charges, please list

the charges below:

Charge(s): ......

Arresting Agency or Agencies: ...........

Disposition/Result: (choose from a. through f., above): .....

WHEREFORE, the petitioner respectfully requests this Honorable

Court to (1) order all law enforcement agencies to expunge all

records of petitioner to this incident or incidents, and (2) to

order the Clerk of the Court to expunge all records concerning

the petitioner regarding this incident or incidents.

......................

Petitioner (Signature)

..........................

Petitioner's Street Address

.....................

City, State, Zip Code

.............................

Petitioner's Telephone Number

Pursuant to the penalties of perjury under the Code of Civil

Procedure, 735 ILCS 5/1-109, I hereby certify that the

statements in this petition are true and correct, or on

information and belief I believe the same to be true.

......................

Petitioner (Signature)

first degree

(3) The chief judge of the circuit in which an arrest was

made or a charge was brought or any judge of that circuit

designated by the chief judge may, upon verified petition of a

person who is the subject of an arrest or a juvenile court

proceeding under subsection (1) or (2) of this Section, order

the law enforcement records or official court file, or both, to

be expunged from the official records of the arresting

authority, the clerk of the circuit court and the Department of

State Police. The person whose records are to be expunged shall

petition the court using the appropriate form containing his or

her current address and shall promptly notify the clerk of the

circuit court of any change of address. Notice of the petition

shall be served upon the State's Attorney or prosecutor charged

with the duty of prosecuting the offense, the Department of

State Police, and the arresting agency or agencies by the clerk

of the circuit court. If an objection is filed within 45 days

of the notice of the petition, the clerk of the circuit court

shall set a date for hearing after the 45-day objection period.

At the hearing the court shall hear evidence on whether the

expungement should or should not be granted. Unless the State's

Attorney or prosecutor, the Department of State Police, or an

arresting agency objects to the expungement within 45 days of

the notice, the court may enter an order granting expungement.

The clerk shall forward a certified copy of the order to the

Department of State Police and deliver a certified copy of the

order to the arresting agency.

(3.1) The Notice of Expungement shall be in substantially

the following form:

IN THE CIRCUIT COURT OF ....., ILLINOIS

.... JUDICIAL CIRCUIT

IN THE INTEREST OF ) NO.

)

)

...................)

(Name of Petitioner)

NOTICE

TO: State's Attorney

TO: Arresting Agency

................

................

................

................

TO: Illinois State Police

.....................

.....................

ATTENTION: Expungement

You are hereby notified that on ....., at ....., in courtroom

..., located at ..., before the Honorable ..., Judge, or any

judge sitting in his/her stead, I shall then and there present

a Petition to Expunge Juvenile records in the above-entitled

matter, at which time and place you may appear.

......................

Petitioner's Signature

...........................

Petitioner's Street Address

.....................

City, State, Zip Code

.............................

Petitioner's Telephone Number

PROOF OF SERVICE

On the ....... day of ......, 20..., I on oath state that I

served this notice and true and correct copies of the

above-checked documents by:

(Check One:)

delivering copies personally to each entity to whom they are

directed;

or

by mailing copies to each entity to whom they are directed by

depositing the same in the U.S. Mail, proper postage fully

prepaid, before the hour of 5:00 p.m., at the United States

Postal Depository located at .................

.........................................

Signature

Clerk of the Circuit Court or Deputy Clerk

Printed Name of Delinquent Minor/Petitioner: ....

Address: ........................................

Telephone Number: ...............................

(3.2) The Order of Expungement shall be in substantially

the following form:

IN THE CIRCUIT COURT OF ....., ILLINOIS

.... JUDICIAL CIRCUIT

IN THE INTEREST OF ) NO.

)

)

...................)

(Name of Petitioner)

DOB ................

Arresting Agency/Agencies ......

ORDER OF EXPUNGEMENT

(705 ILCS 405/5-915 (SUBSECTION 3))

This matter having been heard on the petitioner's motion and

the court being fully advised in the premises does find that

the petitioner is indigent or has presented reasonable cause to

waive all costs in this matter, IT IS HEREBY ORDERED that:

( ) 1. Clerk of Court and Department of State Police costs

are hereby waived in this matter.

( ) 2. The Illinois State Police Bureau of Identification

and the following law enforcement agencies expunge all records

of petitioner relating to an arrest dated ...... for the

offense of ......

Law Enforcement Agencies:

.........................

.........................

( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit

Court expunge all records regarding the above-captioned case.

ENTER: ......................

JUDGE

DATED: .......

Name:

Attorney for:

Address: City/State/Zip:

Attorney Number:

(3.3) The Notice of Objection shall be in substantially the

following form:

IN THE CIRCUIT COURT OF ....., ILLINOIS

....................... JUDICIAL CIRCUIT

IN THE INTEREST OF ) NO.

)

)

...................)

(Name of Petitioner)

NOTICE OF OBJECTION

TO:(Attorney, Public Defender, Minor)

.................................

.................................

TO:(Illinois State Police)

.................................

.................................

TO:(Clerk of the Court)

.................................

.................................

TO:(Judge)

.................................

.................................

TO:(Arresting Agency/Agencies)

.................................

.................................

ATTENTION: You are hereby notified that an objection has been

filed by the following entity regarding the above-named minor's

petition for expungement of juvenile records:

( ) State's Attorney's Office;

( ) Prosecutor (other than State's Attorney's Office) charged

with the duty of prosecuting the offense sought to be expunged;

( ) Department of Illinois State Police; or

( ) Arresting Agency or Agencies.

The agency checked above respectfully requests that this case

be continued and set for hearing on whether the expungement

should or should not be granted.

DATED: .......

Name:

Attorney For:

Address:

City/State/Zip:

Telephone:

Attorney No.:

FOR USE BY CLERK OF THE COURT PERSONNEL ONLY

This matter has been set for hearing on the foregoing

objection, on ...... in room ...., located at ....., before the

Honorable ....., Judge, or any judge sitting in his/her stead.

(Only one hearing shall be set, regardless of the number of

Notices of Objection received on the same case).

A copy of this completed Notice of Objection containing the

court date, time, and location, has been sent via regular U.S.

Mail to the following entities. (If more than one Notice of

Objection is received on the same case, each one must be

completed with the court date, time and location and mailed to

the following entities):

( ) Attorney, Public Defender or Minor;

( ) State's Attorney's Office;

( ) Prosecutor (other than State's Attorney's Office) charged

with the duty of prosecuting the offense sought to be expunged;

( ) Department of Illinois State Police; and

( ) Arresting agency or agencies.

Date: ......

Initials of Clerk completing this section: .....

(4)(a) Upon entry of an order expunging records or files,

the offense, which the records or files concern shall be

treated as if it never occurred. Law enforcement officers and

other public offices and agencies shall properly reply on

inquiry that no record or file exists with respect to the

person.

(a-5) Local law enforcement agencies shall send written

notice to the minor of the expungement of any records within 60

days of automatic expungement or the date of service of an

expungement order, whichever applies. If a minor's court file

has been expunged, the clerk of the circuit court shall send

written notice to the minor of the expungement of any records

within 60 days of automatic expungement or the date of service

of an expungement order, whichever applies.

(b) Except with respect to authorized military personnel,

an expunged juvenile record may not be considered by any

private or public entity in employment matters, certification,

licensing, revocation of certification or licensure, or

registration. Applications for employment within the State

must contain specific language that states that the applicant

is not obligated to disclose expunged juvenile records of

adjudication or arrest. Employers may not ask, in any format or

context, if an applicant has had a juvenile record expunged.

Information about an expunged record obtained by a potential

employer, even inadvertently, from an employment application

that does not contain specific language that states that the

applicant is not obligated to disclose expunged juvenile

records of adjudication or arrest, shall be treated as

dissemination of an expunged record by the employer.

(c) A person whose juvenile records have been expunged is

not entitled to remission of any fines, costs, or other money

paid as a consequence of expungement.

(5) (Blank).,

(5.5) Whether or not expunged, records eligible for

automatic expungement under subdivision (0.1)(a), (0.2)(a), or

(0.3)(a) may be treated as expunged by the individual subject

to the records.

(6) Nothing in this Section shall be construed to prohibit

the maintenance of information relating to an offense after

records or files concerning the offense have been expunged if

the information is kept in a manner that does not enable

identification of the individual. This information may only be

used for anonymous statistical and bona fide research purposes.

(6.5) The Department of State Police or any employee of the

Department shall be immune from civil or criminal liability for

failure to expunge any records of arrest that are subject to

expungement under this Section because of inability to verify a

record. Nothing in this Section shall create Department of

State Police liability or responsibility for the expungement of

law enforcement records it does not possess.

(7)(a) The State Appellate Defender shall establish,

maintain, and carry out, by December 31, 2004, a juvenile

expungement program to provide information and assistance to

minors eligible to have their juvenile records expunged.

(b) The State Appellate Defender shall develop brochures,

pamphlets, and other materials in printed form and through the

agency's World Wide Web site. The pamphlets and other materials

shall include at a minimum the following information:

(i) An explanation of the State's juvenile expungement

laws, including both automatic expungement and expungement

by petition;

(ii) The circumstances under which juvenile

expungement may occur;

(iii) The juvenile offenses that may be expunged;

(iv) The steps necessary to initiate and complete the

juvenile expungement process; and

(v) Directions on how to contact the State Appellate

Defender.

(c) The State Appellate Defender shall establish and

maintain a statewide toll-free telephone number that a person

may use to receive information or assistance concerning the

expungement of juvenile records. The State Appellate Defender

shall advertise the toll-free telephone number statewide. The

State Appellate Defender shall develop an expungement

information packet that may be sent to eligible persons seeking

expungement of their juvenile records, which may include, but

is not limited to, a pre-printed expungement petition with

instructions on how to complete the petition and a pamphlet

containing information that would assist individuals through

the juvenile expungement process.

(d) The State Appellate Defender shall compile a statewide

list of volunteer attorneys willing to assist eligible

individuals through the juvenile expungement process.

(e) This Section shall be implemented from funds

appropriated by the General Assembly to the State Appellate

Defender for this purpose. The State Appellate Defender shall

employ the necessary staff and adopt the necessary rules for

implementation of this Section.

(7.5) (a) Willful dissemination of any information

contained in an expunged record shall be treated as a Class C

misdemeanor and punishable by a fine of $1,000 per violation.

(b) Willful dissemination for financial gain of any

information contained in an expunged record shall be treated as

a Class 4 felony. Dissemination for financial gain by an

employee of any municipal, county, or State agency, including

law enforcement, shall result in immediate termination.

(c) The person whose record was expunged has a right of

action against any person who intentionally disseminates an

expunged record. In the proceeding, punitive damages up to an

amount of $1,000 may be sought in addition to any actual

damages. The prevailing party shall be entitled to costs and

reasonable attorney fees.

(d) The punishments for dissemination of an expunged record

shall never apply to the person whose record was expunged.

(8)(a) An expunged juvenile record may not be considered by

any private or public entity in employment matters,

certification, licensing, revocation of certification or

licensure, or registration. Applications for employment must

contain specific language that states that the applicant is not

obligated to disclose expunged juvenile records of

adjudication, conviction, or arrest. Employers may not ask if

an applicant has had a juvenile record expunged. Effective

January 1, 2005, the Department of Labor shall develop a link

on the Department's website to inform employers that employers

may not ask if an applicant had a juvenile record expunged and

that application for employment must contain specific language

that states that the applicant is not obligated to disclose

expunged juvenile records of adjudication, arrest, or

conviction.

(b) (Blank). Public Act 93-912

(c) The expungement of juvenile records under subsection

subsections 0.1, 0.2, or 0.3 of this Section shall be funded by

appropriation by the General Assembly for that purpose the

additional fine imposed under Section 5-9-1.17 of the Unified

Code of Corrections.

(9) (Blank).

(10) (Blank). Public Act 98-637 Public Act 98-637

(Source: P.A. 99-835, eff. 1-1-17; 99-881, eff. 1-1-17;

100-201, eff. 8-18-17; 100-285, eff. 1-1-18; revised

10-10-17.)

Section 905-65. The Criminal Code of 2012 is amended by

changing Section 12-3.4 as follows:

(720 ILCS 5/12-3.4) (was 720 ILCS 5/12-30)

Sec. 12-3.4. Violation of an order of protection.

(a) A person commits violation of an order of protection

if:

(1) He or she knowingly commits an act which was

prohibited by a court or fails to commit an act which was

ordered by a court in violation of:

(i) a remedy in a valid order of protection

authorized under paragraphs (1), (2), (3), (14), or

(14.5) of subsection (b) of Section 214 of the Illinois

Domestic Violence Act of 1986,

(ii) a remedy, which is substantially similar to

the remedies authorized under paragraphs (1), (2),

(3), (14) or (14.5) of subsection (b) of Section 214 of

the Illinois Domestic Violence Act of 1986, in a valid

order of protection, which is authorized under the laws

of another state, tribe or United States territory,

(iii) any other remedy when the act constitutes a

crime against the protected parties as the term

protected parties is defined in Section 112A-4 of the

Code of Criminal Procedure of 1963; and

(2) Such violation occurs after the offender has been

served notice of the contents of the order, pursuant to the

Illinois Domestic Violence Act of 1986 or any substantially

similar statute of another state, tribe or United States

territory, or otherwise has acquired actual knowledge of

the contents of the order.

An order of protection issued by a state, tribal or

territorial court related to domestic or family violence shall

be deemed valid if the issuing court had jurisdiction over the

parties and matter under the law of the state, tribe or

territory. There shall be a presumption of validity where an

order is certified and appears authentic on its face. For

purposes of this Section, an "order of protection" may have

been issued in a criminal or civil proceeding.

(a-5) Failure to provide reasonable notice and opportunity

to be heard shall be an affirmative defense to any charge or

process filed seeking enforcement of a foreign order of

protection.

(b) Nothing in this Section shall be construed to diminish

the inherent authority of the courts to enforce their lawful

orders through civil or criminal contempt proceedings.

(c) The limitations placed on law enforcement liability by

Section 305 of the Illinois Domestic Violence Act of 1986 apply

to actions taken under this Section.

(d) Violation of an order of protection is a Class A

misdemeanor. Violation of an order of protection is a Class 4

felony if the defendant has any prior conviction under this

Code for domestic battery (Section 12-3.2) or violation of an

order of protection (Section 12-3.4 or 12-30) or any prior

conviction under the law of another jurisdiction for an offense

that could be charged in this State as a domestic battery or

violation of an order of protection. Violation of an order of

protection is a Class 4 felony if the defendant has any prior

conviction under this Code for first degree murder (Section

9-1), attempt to commit first degree murder (Section 8-4),

aggravated domestic battery (Section 12-3.3), aggravated

battery (Section 12-3.05 or 12-4), heinous battery (Section

12-4.1), aggravated battery with a firearm (Section 12-4.2),

aggravated battery with a machine gun or a firearm equipped

with a silencer (Section 12-4.2-5), aggravated battery of a

child (Section 12-4.3), aggravated battery of an unborn child

(subsection (a-5) of Section 12-3.1, or Section 12-4.4),

aggravated battery of a senior citizen (Section 12-4.6),

stalking (Section 12-7.3), aggravated stalking (Section

12-7.4), criminal sexual assault (Section 11-1.20 or 12-13),

aggravated criminal sexual assault (Section 11-1.30 or 12-14),

kidnapping (Section 10-1), aggravated kidnapping (Section

10-2), predatory criminal sexual assault of a child (Section

11-1.40 or 12-14.1), aggravated criminal sexual abuse (Section

11-1.60 or 12-16), unlawful restraint (Section 10-3),

aggravated unlawful restraint (Section 10-3.1), aggravated

arson (Section 20-1.1), aggravated discharge of a firearm

(Section 24-1.2), or a violation of any former law of this

State that is substantially similar to any listed offense, or

any prior conviction under the law of another jurisdiction for

an offense that could be charged in this State as one of the

offenses listed in this Section, when any of these offenses

have been committed against a family or household member as

defined in Section 112A-3 of the Code of Criminal Procedure of

1963. The court shall impose a minimum penalty of 24 hours

imprisonment for defendant's second or subsequent violation of

any order of protection; unless the court explicitly finds that

an increased penalty or such period of imprisonment would be

manifestly unjust. In addition to any other penalties, the

court may order the defendant to pay a fine as authorized under

Section 5-9-1 of the Unified Code of Corrections or to make

restitution to the victim under Section 5-5-6 of the Unified

Code of Corrections. In addition to any other penalties,

including those imposed by Section 5-9-1.5 of the Unified Code

of Corrections, the court shall impose an additional fine of

$20 as authorized by Section 5-9-1.11 of the Unified Code of

Corrections upon any person convicted of or placed on

supervision for a violation of this Section. The additional

fine shall be imposed for each violation of this Section.

(e) (Blank).

(f) A defendant who directed the actions of a third party

to violate this Section, under the principles of accountability

set forth in Article 5 of this Code, is guilty of violating

this Section as if the same had been personally done by the

defendant, without regard to the mental state of the third

party acting at the direction of the defendant.

(Source: P.A. 96-1551, Article 1, Section 5, eff. 7-1-11;

96-1551, Article 2, Section 1035, eff. 7-1-11; incorporates

97-311, eff. 8-11-11; 97-919, eff. 8-10-12; 97-1109, eff.

1-1-13.)

(720 ILCS 550/10.3 rep.)

Section 905-67. The Cannabis Control Act is amended by

repealing Section 10.3.

Section 905-70. The Illinois Controlled Substances Act is

amended by changing Section 411.2 as follows:

(720 ILCS 570/411.2) (from Ch. 56 1/2, par. 1411.2)

Sec. 411.2. Drug Treatment Fund; drug treatment grants.

(a) (Blank). Every person convicted of a violation of this

Act, and every person placed on probation, conditional

discharge, supervision or probation under Section 410 of this

Act, shall be assessed for each offense a sum fixed at:

(1) $3,000 for a Class X felony;

(2) $2,000 for a Class 1 felony;

(3) $1,000 for a Class 2 felony;

(4) $500 for a Class 3 or Class 4 felony;

(5) $300 for a Class A misdemeanor;

(6) $200 for a Class B or Class C misdemeanor.

(b) (Blank). The assessment under this Section is in

addition to and not in lieu of any fines, restitution costs,

forfeitures or other assessments authorized or required by law.

(c) (Blank). As a condition of the assessment, the court

may require that payment be made in specified installments or

within a specified period of time. If the assessment is not

paid within the period of probation, conditional discharge or

supervision to which the defendant was originally sentenced,

the court may extend the period of probation, conditional

discharge or supervision pursuant to Section 5-6-2 or 5-6-3.1

of the Unified Code of Corrections, as applicable, until the

assessment is paid or until successful completion of public or

community service set forth in subsection (e) or the successful

completion of the substance abuse intervention or treatment

program set forth in subsection (f). If a term of probation,

conditional discharge or supervision is not imposed, the

assessment shall be payable upon judgment or as directed by the

court.

(d) (Blank). If an assessment for a violation of this Act

is imposed on an organization, it is the duty of each

individual authorized to make disbursements of the assets of

the organization to pay the assessment from assets of the

organization.

(e) (Blank). A defendant who has been ordered to pay an

assessment may petition the court to convert all or part of the

assessment into court-approved public or community service.

One hour of public or community service shall be equivalent to

$4 of assessment. The performance of this public or community

service shall be a condition of the probation, conditional

discharge or supervision and shall be in addition to the

performance of any other period of public or community service

ordered by the court or required by law.

(f) (Blank). The court may suspend the collection of the

assessment imposed under this Section; provided the defendant

agrees to enter a substance abuse intervention or treatment

program approved by the court; and further provided that the

defendant agrees to pay for all or some portion of the costs

associated with the intervention or treatment program. In this

case, the collection of the assessment imposed under this

Section shall be suspended during the defendant's

participation in the approved intervention or treatment

program. Upon successful completion of the program, the

defendant may apply to the court to reduce the assessment

imposed under this Section by any amount actually paid by the

defendant for his or her participation in the program. The

court shall not reduce the penalty under this subsection unless

the defendant establishes to the satisfaction of the court that

he or she has successfully completed the intervention or

treatment program. If the defendant's participation is for any

reason terminated before his or her successful completion of

the intervention or treatment program, collection of the entire

assessment imposed under this Section shall be enforced.

Nothing in this Section shall be deemed to affect or suspend

any other fines, restitution costs, forfeitures or assessments

imposed under this or any other Act.

(g) (Blank). The court shall not impose more than one

assessment per complaint, indictment or information. If the

person is convicted of more than one offense in a complaint,

indictment or information, the assessment shall be based on the

highest class offense for which the person is convicted.

(h) The In counties under 3,000,000, all moneys collected

under this Section shall be forwarded by the clerk of the

circuit court to the State Treasurer for deposit in the Drug

Treatment Fund, which is hereby established as a special fund

within the State Treasury. The Department of Human Services may

make grants to persons licensed under Section 15-10 of the

Alcoholism and Other Drug Abuse and Dependency Act or to

municipalities or counties from funds appropriated to the

Department from the Drug Treatment Fund for the treatment of

pregnant women who are addicted to alcohol, cannabis or

controlled substances and for the needed care of minor,

unemancipated children of women undergoing residential drug

treatment. If the Department of Human Services grants funds to

a municipality or a county that the Department determines is

not experiencing a problem with pregnant women addicted to

alcohol, cannabis or controlled substances, or with care for

minor, unemancipated children of women undergoing residential

drug treatment, or intervention, the funds shall be used for

the treatment of any person addicted to alcohol, cannabis or

controlled substances. The Department may adopt such rules as

it deems appropriate for the administration of such grants.

(i) (Blank). In counties over 3,000,000, all moneys

collected under this Section shall be forwarded to the County

Treasurer for deposit into the County Health Fund. The County

Treasurer shall, no later than the 15th day of each month,

forward to the State Treasurer 30 percent of all moneys

collected under this Act and received into the County Health

Fund since the prior remittance to the State Treasurer. Funds

retained by the County shall be used for community-based

treatment of pregnant women who are addicted to alcohol,

cannabis, or controlled substances or for the needed care of

minor, unemancipated children of these women. Funds forwarded

to the State Treasurer shall be deposited into the State Drug

Treatment Fund maintained by the State Treasurer from which the

Department of Human Services may make grants to persons

licensed under Section 15-10 of the Alcoholism and Other Drug

Abuse and Dependency Act or to municipalities or counties from

funds appropriated to the Department from the Drug Treatment

Fund, provided that the moneys collected from each county be

returned proportionately to the counties through grants to

licensees located within the county from which the assessment

was received and moneys in the State Drug Treatment Fund shall

not supplant other local, State or federal funds. If the

Department of Human Services grants funds to a municipality or

county that the Department determines is not experiencing a

problem with pregnant women addicted to alcohol, cannabis or

controlled substances, or with care for minor, unemancipated

children or women undergoing residential drug treatment, the

funds shall be used for the treatment of any person addicted to

alcohol, cannabis or controlled substances. The Department may

adopt such rules as it deems appropriate for the administration

of such grants.

(Source: P.A. 97-334, eff. 1-1-12.)

(720 ILCS 570/411.4 rep.)

Section 905-73. The Illinois Controlled Substances Act is

amended by repealing Section 411.4.

Section 905-75. The Methamphetamine Control and Community

Protection Act is amended by changing Sections 80 and 90 as

follows:

(720 ILCS 646/80)

Sec. 80. Drug treatment grants Assessment.

(a) (Blank). Every person convicted of a violation of this

Act, and every person placed on probation, conditional

discharge, supervision, or probation under this Act, shall be

assessed for each offense a sum fixed at:

(1) $3,000 for a Class X felony;

(2) $2,000 for a Class 1 felony;

(3) $1,000 for a Class 2 felony;

(4) $500 for a Class 3 or Class 4 felony.

(b) (Blank). The assessment under this Section is in

addition to and not in lieu of any fines, restitution, costs,

forfeitures, or other assessments authorized or required by

law.

(c) (Blank). As a condition of the assessment, the court

may require that payment be made in specified installments or

within a specified period of time. If the assessment is not

paid within the period of probation, conditional discharge, or

supervision to which the defendant was originally sentenced,

the court may extend the period of probation, conditional

discharge, or supervision pursuant to Section 5-6-2 or 5-6-3.1

of the Unified Code of Corrections, as applicable, until the

assessment is paid or until successful completion of public or

community service set forth in subsection (e) or the successful

completion of the substance abuse intervention or treatment

program set forth in subsection (f). If a term of probation,

conditional discharge, or supervision is not imposed, the

assessment shall be payable upon judgment or as directed by the

court.

(d) (Blank). If an assessment for a violation of this Act

is imposed on an organization, it is the duty of each

individual authorized to make disbursements of the assets of

the organization to pay the assessment from assets of the

organization.

(e) (Blank). A defendant who has been ordered to pay an

assessment may petition the court to convert all or part of the

assessment into court-approved public or community service.

One hour of public or community service shall be equivalent to

$4 of assessment. The performance of this public or community

service shall be a condition of the probation, conditional

discharge, or supervision and shall be in addition to the

performance of any other period of public or community service

ordered by the court or required by law.

(f) (Blank). The court may suspend the collection of the

assessment imposed under this Section if the defendant agrees

to enter a substance abuse intervention or treatment program

approved by the court and the defendant agrees to pay for all

or some portion of the costs associated with the intervention

or treatment program. In this case, the collection of the

assessment imposed under this Section shall be suspended during

the defendant's participation in the approved intervention or

treatment program. Upon successful completion of the program,

the defendant may apply to the court to reduce the assessment

imposed under this Section by any amount actually paid by the

defendant for his or her participation in the program. The

court shall not reduce the penalty under this subsection unless

the defendant establishes to the satisfaction of the court that

he or she has successfully completed the intervention or

treatment program. If the defendant's participation is for any

reason terminated before his or her successful completion of

the intervention or treatment program, collection of the entire

assessment imposed under this Section shall be enforced.

Nothing in this Section shall be deemed to affect or suspend

any other fines, restitution costs, forfeitures, or

assessments imposed under this or any other Act.

(g) (Blank). The court shall not impose more than one

assessment per complaint, indictment, or information. If the

person is convicted of more than one offense in a complaint,

indictment, or information, the assessment shall be based on

the highest class offense for which the person is convicted.

(h) In counties with a population under 3,000,000, all

moneys collected under this Section shall be forwarded by the

clerk of the circuit court to the State Treasurer for deposit

in the Drug Treatment Fund. The Department of Human Services

may make grants to persons licensed under Section 15-10 of the

Alcoholism and Other Drug Abuse and Dependency Act or to

municipalities or counties from funds appropriated to the

Department from the Drug Treatment Fund for the treatment of

pregnant women who are addicted to alcohol, cannabis or

controlled substances and for the needed care of minor,

unemancipated children of women undergoing residential drug

treatment. If the Department of Human Services grants funds to

a municipality or a county that the Department determines is

not experiencing a problem with pregnant women addicted to

alcohol, cannabis or controlled substances, or with care for

minor, unemancipated children of women undergoing residential

drug treatment, or intervention, the funds shall be used for

the treatment of any person addicted to alcohol, cannabis, or

controlled substances. The Department may adopt such rules as

it deems appropriate for the administration of such grants.

(i) (Blank). In counties with a population of 3,000,000 or

more, all moneys collected under this Section shall be

forwarded to the County Treasurer for deposit into the County

Health Fund. The County Treasurer shall, no later than the 15th

day of each month, forward to the State Treasurer 30 percent of

all moneys collected under this Act and received into the

County Health Fund since the prior remittance to the State

Treasurer. Funds retained by the County shall be used for

community-based treatment of pregnant women who are addicted to

alcohol, cannabis, or controlled substances or for the needed

care of minor, unemancipated children of these women. Funds

forwarded to the State Treasurer shall be deposited into the

State Drug Treatment Fund maintained by the State Treasurer

from which the Department of Human Services may make grants to

persons licensed under Section 15-10 of the Alcoholism and

Other Drug Abuse and Dependency Act or to municipalities or

counties from funds appropriated to the Department from the

Drug Treatment Fund, provided that the moneys collected from

each county be returned proportionately to the counties through

grants to licensees located within the county from which the

assessment was received and moneys in the State Drug Treatment

Fund shall not supplant other local, State or federal funds. If

the Department of Human Services grants funds to a municipality

or county that the Department determines is not experiencing a

problem with pregnant women addicted to alcohol, cannabis or

controlled substances, or with care for minor, unemancipated

children or women undergoing residential drug treatment, the

funds shall be used for the treatment of any person addicted to

alcohol, cannabis or controlled substances. The Department may

adopt such rules as it deems appropriate for the administration

of such grants.

(Source: P.A. 94-556, eff. 9-11-05.)

(720 ILCS 646/90)

Sec. 90. Methamphetamine restitution.

(a) If a person commits a violation of this Act in a manner

that requires an emergency response, the person shall be

required to make restitution to all public entities involved in

the emergency response, to cover the reasonable cost of their

participation in the emergency response, including but not

limited to regular and overtime costs incurred by local law

enforcement agencies and private contractors paid by the public

agencies in securing the site. The convicted person shall make

this restitution in addition to any other fine or penalty

required by law.

(b) Any restitution payments made under this Section shall

be disbursed equitably by the circuit clerk in the following

order:

(1) first, to the agency responsible for the mitigation

of the incident;

(2) second, to the local agencies involved in the

emergency response;

(3) third, to the State agencies involved in the

emergency response; and

(4) fourth, to the federal agencies involved in the

emergency response.

(c) In addition to any other penalties and liabilities, a

person who is convicted of violating any Section of this Act,

whose violation proximately caused any incident resulting in an

appropriate emergency response, shall be assessed a fine of

$2,500, payable to the circuit clerk, who shall distribute the

money to the law enforcement agency responsible for the

mitigation of the incident. If the person has been previously

convicted of violating any Section of this Act, the fine shall

be $5,000 and the circuit clerk shall distribute the money to

the law enforcement agency responsible for the mitigation of

the incident. In the event that more than one agency is

responsible for an arrest which does not require mitigation,

the amount payable to law enforcement agencies shall be shared

equally. Any moneys received by a law enforcement agency under

this Section shall be used for law enforcement expenses.

Any moneys collected for the Illinois State Police shall be

remitted to the State Treasurer and deposited into the State

Police Operations Assistance Fund Traffic and Criminal

Conviction Surcharge Fund.

(Source: P.A. 97-434, eff. 1-1-12.)

Section 905-80. The Code of Criminal Procedure of 1963 is

amended by adding Section 124A-20 as follows:

(725 ILCS 5/124A-20 new)

Sec. 124A-20. Assessment waiver.

(a) As used in this Section:

"Assessments" means any costs imposed on a criminal

defendant under Article 15 of the Criminal and Traffic

Assessment Act, but does not include violation of the

Illinois Vehicle Code assessments.

"Indigent person" means any person who meets one or

more of the following criteria:

(1) He or she is receiving assistance under one or

more of the following means-based governmental public

benefits programs: Supplemental Security Income; Aid

to the Aged, Blind and Disabled; Temporary Assistance

for Needy Families; Supplemental Nutrition Assistance

Program; General Assistance; Transitional Assistance;

or State Children and Family Assistance.

(2) His or her available personal income is 200% or

less of the current poverty level, unless the

applicant's assets that are not exempt under Part 9 or

10 of Article XII of the Code of Civil Procedure are of

a nature and value that the court determines that the

applicant is able to pay the assessments.

(3) He or she is, in the discretion of the court,

unable to proceed in an action with payment of

assessments and whose payment of those assessments

would result in substantial hardship to the person or

his or her family.

"Poverty level" means the current poverty level as

established by the United States Department of Health and

Human Services.

(b) Upon the application of any defendant, after the

commencement of an action, but no later than 30 days after

sentencing:

(1) If the court finds that the applicant is an

indigent person, the court shall grant the applicant a full

assessment waiver exempting him or her from the payment of

any assessments.

(2) The court shall grant the applicant a partial

assessment as follows:

(A) 75% of all assessments shall be waived if the

applicant's available income is greater than 200% but

no more than 250% of the poverty level, unless the

applicant's assets that are not exempt under Part 9 or

10 of Article XII of the Code of Civil Procedure are

such that the applicant is able, without undue

hardship, to pay the total assessments.

(B) 50% of all assessments shall be waived if the

applicant's available income is greater than 250% but

no more than 300% of the poverty level, unless the

applicant's assets that are not exempt under Part 9 or

10 of Article XII of the Code of Civil Procedure are

such that the court determines that the applicant is

able, without undue hardship, to pay a greater portion

of the assessments.

(C) 25% of all assessments shall be waived if the

applicant's available income is greater than 300% but

no more than 400% of the poverty level, unless the

applicant's assets that are not exempt under Part 9 or

10 of Article XII of the Code of Civil Procedure are

such that the court determines that the applicant is

able, without undue hardship, to pay a greater portion

of the assessments.

(c) An application for a waiver of assessments shall be in

writing, signed by the defendant or, if the defendant is a

minor, by another person having knowledge of the facts, and

filed no later than 30 days after sentencing. The contents of

the application for a waiver of assessments, and the procedure

for deciding the applications, shall be established by Supreme

Court Rule. Factors to consider in evaluating an application

shall include:

(1) the applicant's receipt of needs based

governmental public benefits, including Supplemental

Security Income (SSI); Aid to the Aged, Blind and Disabled

(ADBD); Temporary Assistance for Needy Families (TANF);

Supplemental Nutrition Assistance Program (SNAP or "food

stamps"); General Assistance; Transitional Assistance; or

State Children and Family Assistance;

(2) the employment status of the applicant and amount

of monthly income, if any;

(3) income received from the applicant's pension,

Social Security benefits, unemployment benefits, and other

sources;

(4) income received by the applicant from other

household members;

(5) the applicant's monthly expenses, including rent,

home mortgage, other mortgage, utilities, food, medical,

vehicle, childcare, debts, child support, and other

expenses; and

(6) financial affidavits or other similar supporting

documentation provided by the applicant showing that

payment of the imposed assessments would result in

substantial hardship to the applicant or the applicant's

family.

(d) The clerk of court shall provide the application for a

waiver of assessments to any defendant who indicates an

inability to pay the assessments. The clerk of the court shall

post in a conspicuous place in the courthouse a notice, no

smaller than 8.5 x 11 inches and using no smaller than 30-point

typeface printed in English and in Spanish, advising criminal

defendants they may ask the court for a waiver of any court

ordered assessments. The notice shall be substantially as

follows:

"If you are unable to pay the required assessments, you

may ask the court to waive payment of them. Ask the clerk

of the court for forms."

(e) For good cause shown, the court may allow an applicant

whose application is denied or who receives a partial

assessment waiver to defer payment of the assessments, make

installment payments, or make payment upon reasonable terms and

conditions stated in the order.

(f) Nothing in this Section shall be construed to affect

the right of a party to court-appointed counsel, as authorized

by any other provision of law or by the rules of the Illinois

Supreme Court.

(g) The provisions of this Section are severable under

Section 1.31 of the Statute on Statutes.

Section 905-85. The Violent Crime Victims Assistance Act is

amended by changing Section 10 as follows:

(725 ILCS 240/10) (from Ch. 70, par. 510)

Sec. 10. Violent Crime Victims Assistance Fund.

(a) The "Violent Crime Victims Assistance Fund" is created

as a special fund in the State Treasury to provide monies for

the grants to be awarded under this Act.

(b) (Blank). When any person is convicted in Illinois of an

offense listed below, or placed on supervision for that offense

on or after July 1, 2012, the court shall impose the following

fines:

(1) $100 for any felony;

(2) $50 for any offense under the Illinois Vehicle

Code, exclusive of offenses enumerated in paragraph (a)(2)

of Section 6-204 of that Code, and exclusive of any offense

enumerated in Article VI of Chapter 11 of that Code

relating to restrictions, regulations, and limitations on

the speed at which a motor vehicle is driven or operated;

and

(3) $75 for any misdemeanor, excluding a conservation

offense.

Notwithstanding any other provision of this Section, the

penalty established in this Section shall be assessed for any

violation of Section 11-601.5, 11-605.2, or 11-605.3 of the

Illinois Vehicle Code.

The Clerk of the Circuit Court shall remit moneys collected

under this subsection (b) within one month after receipt to the

State Treasurer for deposit into the Violent Crime Victims

Assistance Fund, except as provided in subsection (g) of this

Section. Such additional penalty shall not be considered a part

of the fine for purposes of any reduction made in the fine for

time served either before or after sentencing. Not later than

March 1 of each year the Clerk of the Circuit Court shall

submit to the State Comptroller a report of the amount of funds

remitted by him to the State Treasurer under this Section

during the preceding calendar year.

(c) (Blank). The charge imposed by subsection (b) shall not

be subject to the provisions of Section 110-14 of the Code of

Criminal Procedure of 1963.

(d) Monies forfeited, and proceeds from the sale of

property forfeited and seized, under the forfeiture provisions

set forth in Part 500 of Article 124B of the Code of Criminal

Procedure of 1963 shall be accepted for the Violent Crime

Victims Assistance Fund.

(e) Investment income which is attributable to the

investment of monies in the Violent Crime Victims Assistance

Fund shall be credited to that fund for uses specified in this

Act. The Treasurer shall provide the Attorney General a monthly

status report on the amount of money in the Fund.

(f) Monies from the fund may be granted on and after July

1, 1984.

(g) (Blank). All amounts and charges imposed under this

Section for any violation of Chapters 3, 4, 6, and 11 of the

Illinois Vehicle Code, or a similar provision of a local

ordinance, or any violation of the Child Passenger Protection

Act, or a similar provision of a local ordinance, shall be

collected and disbursed by the circuit clerk as provided under

Section 27.5 of the Clerks of Courts Act.

(Source: P.A. 96-712, eff. 1-1-10; 97-108, eff. 7-14-11;

97-816, eff. 7-16-12.)

Section 905-90. The Unified Code of Corrections is amended

by changing Sections 5-4-3, 5-4.5-50, 5-4.5-55, 5-4.5-60,

5-4.5-65, 5-4.5-75, 5-4.5-80, 5-5-3, 5-5-6, 5-6-1, 5-6-3,

5-6-3.1, 5-7-1, 5-9-1, 5-9-1.4, 5-9-1.7, 5-9-1.9, 5-9-1.11,

5-9-1.16, and 5-9-1.21 as follows:

(730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)

Sec. 5-4-3. Specimens; genetic marker groups.

(a) Any person convicted of, found guilty under the

Juvenile Court Act of 1987 for, or who received a disposition

of court supervision for, a qualifying offense or attempt of a

qualifying offense, convicted or found guilty of any offense

classified as a felony under Illinois law, convicted or found

guilty of any offense requiring registration under the Sex

Offender Registration Act, found guilty or given supervision

for any offense classified as a felony under the Juvenile Court

Act of 1987, convicted or found guilty of, under the Juvenile

Court Act of 1987, any offense requiring registration under the

Sex Offender Registration Act, or institutionalized as a

sexually dangerous person under the Sexually Dangerous Persons

Act, or committed as a sexually violent person under the

Sexually Violent Persons Commitment Act shall, regardless of

the sentence or disposition imposed, be required to submit

specimens of blood, saliva, or tissue to the Illinois

Department of State Police in accordance with the provisions of

this Section, provided such person is:

(1) convicted of a qualifying offense or attempt of a

qualifying offense on or after July 1, 1990 and sentenced

to a term of imprisonment, periodic imprisonment, fine,

probation, conditional discharge or any other form of

sentence, or given a disposition of court supervision for

the offense;

(1.5) found guilty or given supervision under the

Juvenile Court Act of 1987 for a qualifying offense or

attempt of a qualifying offense on or after January 1,

1997;

(2) ordered institutionalized as a sexually dangerous

person on or after July 1, 1990;

(3) convicted of a qualifying offense or attempt of a

qualifying offense before July 1, 1990 and is presently

confined as a result of such conviction in any State

correctional facility or county jail or is presently

serving a sentence of probation, conditional discharge or

periodic imprisonment as a result of such conviction;

(3.5) convicted or found guilty of any offense

classified as a felony under Illinois law or found guilty

or given supervision for such an offense under the Juvenile

Court Act of 1987 on or after August 22, 2002;

(4) presently institutionalized as a sexually

dangerous person or presently institutionalized as a

person found guilty but mentally ill of a sexual offense or

attempt to commit a sexual offense; or

(4.5) ordered committed as a sexually violent person on

or after the effective date of the Sexually Violent Persons

Commitment Act.

(a-1) Any person incarcerated in a facility of the Illinois

Department of Corrections or the Illinois Department of

Juvenile Justice on or after August 22, 2002, whether for a

term of years, natural life, or a sentence of death, who has

not yet submitted a specimen of blood, saliva, or tissue shall

be required to submit a specimen of blood, saliva, or tissue

prior to his or her final discharge, or release on parole,

aftercare release, or mandatory supervised release, as a

condition of his or her parole, aftercare release, or mandatory

supervised release, or within 6 months from August 13, 2009

(the effective date of Public Act 96-426), whichever is sooner.

A person incarcerated on or after August 13, 2009 (the

effective date of Public Act 96-426) shall be required to

submit a specimen within 45 days of incarceration, or prior to

his or her final discharge, or release on parole, aftercare

release, or mandatory supervised release, as a condition of his

or her parole, aftercare release, or mandatory supervised

release, whichever is sooner. These specimens shall be placed

into the State or national DNA database, to be used in

accordance with other provisions of this Section, by the

Illinois State Police.

(a-2) Any person sentenced to life imprisonment in a

facility of the Illinois Department of Corrections after the

effective date of this amendatory Act of the 94th General

Assembly or sentenced to death after the effective date of this

amendatory Act of the 94th General Assembly shall be required

to provide a specimen of blood, saliva, or tissue within 45

days after sentencing or disposition at a collection site

designated by the Illinois Department of State Police. Any

person serving a sentence of life imprisonment in a facility of

the Illinois Department of Corrections on the effective date of

this amendatory Act of the 94th General Assembly or any person

who is under a sentence of death on the effective date of this

amendatory Act of the 94th General Assembly shall be required

to provide a specimen of blood, saliva, or tissue upon request

at a collection site designated by the Illinois Department of

State Police.

(a-3) Any person seeking transfer to or residency in

Illinois under Sections 3-3-11.05 through 3-3-11.5 of this

Code, the Interstate Compact for Adult Offender Supervision, or

the Interstate Agreements on Sexually Dangerous Persons Act

shall be required to provide a specimen of blood, saliva, or

tissue within 45 days after transfer to or residency in

Illinois at a collection site designated by the Illinois

Department of State Police.

(a-3.1) Any person required by an order of the court to

submit a DNA specimen shall be required to provide a specimen

of blood, saliva, or tissue within 45 days after the court

order at a collection site designated by the Illinois

Department of State Police.

(a-3.2) On or after January 1, 2012 (the effective date of

Public Act 97-383), any person arrested for any of the

following offenses, after an indictment has been returned by a

grand jury, or following a hearing pursuant to Section 109-3 of

the Code of Criminal Procedure of 1963 and a judge finds there

is probable cause to believe the arrestee has committed one of

the designated offenses, or an arrestee has waived a

preliminary hearing shall be required to provide a specimen of

blood, saliva, or tissue within 14 days after such indictment

or hearing at a collection site designated by the Illinois

Department of State Police:

(A) first degree murder;

(B) home invasion;

(C) predatory criminal sexual assault of a child;

(D) aggravated criminal sexual assault; or

(E) criminal sexual assault.

(a-3.3) Any person required to register as a sex offender

under the Sex Offender Registration Act, regardless of the date

of conviction as set forth in subsection (c-5.2) shall be

required to provide a specimen of blood, saliva, or tissue

within the time period prescribed in subsection (c-5.2) at a

collection site designated by the Illinois Department of State

Police.

(a-5) Any person who was otherwise convicted of or received

a disposition of court supervision for any other offense under

the Criminal Code of 1961 or the Criminal Code of 2012 or who

was found guilty or given supervision for such a violation

under the Juvenile Court Act of 1987, may, regardless of the

sentence imposed, be required by an order of the court to

submit specimens of blood, saliva, or tissue to the Illinois

Department of State Police in accordance with the provisions of

this Section.

(b) Any person required by paragraphs (a)(1), (a)(1.5),

(a)(2), (a)(3.5), and (a-5) to provide specimens of blood,

saliva, or tissue shall provide specimens of blood, saliva, or

tissue within 45 days after sentencing or disposition at a

collection site designated by the Illinois Department of State

Police.

(c) Any person required by paragraphs (a)(3), (a)(4), and

(a)(4.5) to provide specimens of blood, saliva, or tissue shall

be required to provide such specimens prior to final discharge

or within 6 months from August 13, 2009 (the effective date of

Public Act 96-426), whichever is sooner. These specimens shall

be placed into the State or national DNA database, to be used

in accordance with other provisions of this Act, by the

Illinois State Police.

(c-5) Any person required by paragraph (a-3) to provide

specimens of blood, saliva, or tissue shall, where feasible, be

required to provide the specimens before being accepted for

conditioned residency in Illinois under the interstate compact

or agreement, but no later than 45 days after arrival in this

State.

(c-5.2) Unless it is determined that a registered sex

offender has previously submitted a specimen of blood, saliva,

or tissue that has been placed into the State DNA database, a

person registering as a sex offender shall be required to

submit a specimen at the time of his or her initial

registration pursuant to the Sex Offender Registration Act or,

for a person registered as a sex offender on or prior to

January 1, 2012 (the effective date of Public Act 97-383),

within one year of January 1, 2012 (the effective date of

Public Act 97-383) or at the time of his or her next required

registration.

(c-6) The Illinois Department of State Police may determine

which type of specimen or specimens, blood, saliva, or tissue,

is acceptable for submission to the Division of Forensic

Services for analysis. The Illinois Department of State Police

may require the submission of fingerprints from anyone required

to give a specimen under this Act.

(d) The Illinois Department of State Police shall provide

all equipment and instructions necessary for the collection of

blood specimens. The collection of specimens shall be performed

in a medically approved manner. Only a physician authorized to

practice medicine, a registered nurse or other qualified person

trained in venipuncture may withdraw blood for the purposes of

this Act. The specimens shall thereafter be forwarded to the

Illinois Department of State Police, Division of Forensic

Services, for analysis and categorizing into genetic marker

groupings.

(d-1) The Illinois Department of State Police shall provide

all equipment and instructions necessary for the collection of

saliva specimens. The collection of saliva specimens shall be

performed in a medically approved manner. Only a person trained

in the instructions promulgated by the Illinois State Police on

collecting saliva may collect saliva for the purposes of this

Section. The specimens shall thereafter be forwarded to the

Illinois Department of State Police, Division of Forensic

Services, for analysis and categorizing into genetic marker

groupings.

(d-2) The Illinois Department of State Police shall provide

all equipment and instructions necessary for the collection of

tissue specimens. The collection of tissue specimens shall be

performed in a medically approved manner. Only a person trained

in the instructions promulgated by the Illinois State Police on

collecting tissue may collect tissue for the purposes of this

Section. The specimens shall thereafter be forwarded to the

Illinois Department of State Police, Division of Forensic

Services, for analysis and categorizing into genetic marker

groupings.

(d-5) To the extent that funds are available, the Illinois

Department of State Police shall contract with qualified

personnel and certified laboratories for the collection,

analysis, and categorization of known specimens, except as

provided in subsection (n) of this Section.

(d-6) Agencies designated by the Illinois Department of

State Police and the Illinois Department of State Police may

contract with third parties to provide for the collection or

analysis of DNA, or both, of an offender's blood, saliva, and

tissue specimens, except as provided in subsection (n) of this

Section.

(e) The genetic marker groupings shall be maintained by the

Illinois Department of State Police, Division of Forensic

Services.

(f) The genetic marker grouping analysis information

obtained pursuant to this Act shall be confidential and shall

be released only to peace officers of the United States, of

other states or territories, of the insular possessions of the

United States, of foreign countries duly authorized to receive

the same, to all peace officers of the State of Illinois and to

all prosecutorial agencies, and to defense counsel as provided

by Section 116-5 of the Code of Criminal Procedure of 1963. The

genetic marker grouping analysis information obtained pursuant

to this Act shall be used only for (i) valid law enforcement

identification purposes and as required by the Federal Bureau

of Investigation for participation in the National DNA

database, (ii) technology validation purposes, (iii) a

population statistics database, (iv) quality assurance

purposes if personally identifying information is removed, (v)

assisting in the defense of the criminally accused pursuant to

Section 116-5 of the Code of Criminal Procedure of 1963, or

(vi) identifying and assisting in the prosecution of a person

who is suspected of committing a sexual assault as defined in

Section 1a of the Sexual Assault Survivors Emergency Treatment

Act. Notwithstanding any other statutory provision to the

contrary, all information obtained under this Section shall be

maintained in a single State data base, which may be uploaded

into a national database, and which information may be subject

to expungement only as set forth in subsection (f-1).

(f-1) Upon receipt of notification of a reversal of a

conviction based on actual innocence, or of the granting of a

pardon pursuant to Section 12 of Article V of the Illinois

Constitution, if that pardon document specifically states that

the reason for the pardon is the actual innocence of an

individual whose DNA record has been stored in the State or

national DNA identification index in accordance with this

Section by the Illinois Department of State Police, the DNA

record shall be expunged from the DNA identification index, and

the Department shall by rule prescribe procedures to ensure

that the record and any specimens, analyses, or other documents

relating to such record, whether in the possession of the

Department or any law enforcement or police agency, or any

forensic DNA laboratory, including any duplicates or copies

thereof, are destroyed and a letter is sent to the court

verifying the expungement is completed. For specimens required

to be collected prior to conviction, unless the individual has

other charges or convictions that require submission of a

specimen, the DNA record for an individual shall be expunged

from the DNA identification databases and the specimen

destroyed upon receipt of a certified copy of a final court

order for each charge against an individual in which the charge

has been dismissed, resulted in acquittal, or that the charge

was not filed within the applicable time period. The Department

shall by rule prescribe procedures to ensure that the record

and any specimens in the possession or control of the

Department are destroyed and a letter is sent to the court

verifying the expungement is completed.

(f-5) Any person who intentionally uses genetic marker

grouping analysis information, or any other information

derived from a DNA specimen, beyond the authorized uses as

provided under this Section, or any other Illinois law, is

guilty of a Class 4 felony, and shall be subject to a fine of

not less than $5,000.

(f-6) The Illinois Department of State Police may contract

with third parties for the purposes of implementing this

amendatory Act of the 93rd General Assembly, except as provided

in subsection (n) of this Section. Any other party contracting

to carry out the functions of this Section shall be subject to

the same restrictions and requirements of this Section insofar

as applicable, as the Illinois Department of State Police, and

to any additional restrictions imposed by the Illinois

Department of State Police.

(g) For the purposes of this Section, "qualifying offense"

means any of the following:

(1) any violation or inchoate violation of Section

11-1.50, 11-1.60, 11-6, 11-9.1, 11-11, 11-18.1, 12-15, or

12-16 of the Criminal Code of 1961 or the Criminal Code of

2012;

(1.1) any violation or inchoate violation of Section

9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3,

18-4, 18-6, 19-1, 19-2, or 19-6 of the Criminal Code of

1961 or the Criminal Code of 2012 for which persons are

convicted on or after July 1, 2001;

(2) any former statute of this State which defined a

felony sexual offense;

(3) (blank);

(4) any inchoate violation of Section 9-3.1, 9-3.4,

11-9.3, 12-7.3, or 12-7.4 of the Criminal Code of 1961 or

the Criminal Code of 2012; or

(5) any violation or inchoate violation of Article 29D

of the Criminal Code of 1961 or the Criminal Code of 2012.

(g-5) (Blank).

(h) The Illinois Department of State Police shall be the

State central repository for all genetic marker grouping

analysis information obtained pursuant to this Act. The

Illinois Department of State Police may promulgate rules for

the form and manner of the collection of blood, saliva, or

tissue specimens and other procedures for the operation of this

Act. The provisions of the Administrative Review Law shall

apply to all actions taken under the rules so promulgated.

(i) (1) A person required to provide a blood, saliva, or

tissue specimen shall cooperate with the collection of the

specimen and any deliberate act by that person intended to

impede, delay or stop the collection of the blood, saliva,

or tissue specimen is a Class 4 felony.

(2) In the event that a person's DNA specimen is not

adequate for any reason, the person shall provide another

DNA specimen for analysis. Duly authorized law enforcement

and corrections personnel may employ reasonable force in

cases in which an individual refuses to provide a DNA

specimen required under this Act.

(j) (Blank). Any person required by subsection (a), or any

person who was previously required by subsection (a-3.2), to

submit specimens of blood, saliva, or tissue to the Illinois

Department of State Police for analysis and categorization into

genetic marker grouping, in addition to any other disposition,

penalty, or fine imposed, shall pay an analysis fee of $250. If

the analysis fee is not paid at the time of sentencing, the

court shall establish a fee schedule by which the entire amount

of the analysis fee shall be paid in full, such schedule not to

exceed 24 months from the time of conviction. The inability to

pay this analysis fee shall not be the sole ground to

incarcerate the person.

(k) All analysis and categorization assessments fees

provided under the Criminal and Traffic Assessments Act to the

State Offender DNA Identification System Fund for by subsection

(j) shall be regulated as follows:

(1) The State Offender DNA Identification System Fund

is hereby created as a special fund in the State Treasury.

(2) (Blank). All fees shall be collected by the clerk

of the court and forwarded to the State Offender DNA

Identification System Fund for deposit. The clerk of the

circuit court may retain the amount of $10 from each

collected analysis fee to offset administrative costs

incurred in carrying out the clerk's responsibilities

under this Section.

(3) Moneys Fees deposited into the State Offender DNA

Identification System Fund shall be used by Illinois State

Police crime laboratories as designated by the Director of

State Police. These funds shall be in addition to any

allocations made pursuant to existing laws and shall be

designated for the exclusive use of State crime

laboratories. These uses may include, but are not limited

to, the following:

(A) Costs incurred in providing analysis and

genetic marker categorization as required by

subsection (d).

(B) Costs incurred in maintaining genetic marker

groupings as required by subsection (e).

(C) Costs incurred in the purchase and maintenance

of equipment for use in performing analyses.

(D) Costs incurred in continuing research and

development of new techniques for analysis and genetic

marker categorization.

(E) Costs incurred in continuing education,

training, and professional development of forensic

scientists regularly employed by these laboratories.

(l) The failure of a person to provide a specimen, or of

any person or agency to collect a specimen, shall in no way

alter the obligation of the person to submit such specimen, or

the authority of the Illinois Department of State Police or

persons designated by the Department to collect the specimen,

or the authority of the Illinois Department of State Police to

accept, analyze and maintain the specimen or to maintain or

upload results of genetic marker grouping analysis information

into a State or national database.

(m) If any provision of this amendatory Act of the 93rd

General Assembly is held unconstitutional or otherwise

invalid, the remainder of this amendatory Act of the 93rd

General Assembly is not affected.

(n) Neither the Department of State Police, the Division of

Forensic Services, nor any laboratory of the Division of

Forensic Services may contract out forensic testing for the

purpose of an active investigation or a matter pending before a

court of competent jurisdiction without the written consent of

the prosecuting agency. For the purposes of this subsection

(n), "forensic testing" includes the analysis of physical

evidence in an investigation or other proceeding for the

prosecution of a violation of the Criminal Code of 1961 or the

Criminal Code of 2012 or for matters adjudicated under the

Juvenile Court Act of 1987, and includes the use of forensic

databases and databanks, including DNA, firearm, and

fingerprint databases, and expert testimony.

(o) Mistake does not invalidate a database match. The

detention, arrest, or conviction of a person based upon a

database match or database information is not invalidated if it

is determined that the specimen was obtained or placed in the

database by mistake.

(p) This Section may be referred to as the Illinois DNA

Database Law of 2011.

(Source: P.A. 97-383, eff. 1-1-12; 97-1109, eff. 1-1-13;

97-1150, eff. 1-25-13; 98-558, eff. 1-1-14.)

(730 ILCS 5/5-4.5-50)

Sec. 5-4.5-50. SENTENCE PROVISIONS; ALL FELONIES. Except

as otherwise provided, for all felonies:

(a) NO SUPERVISION. The court, upon a plea of guilty or a

stipulation by the defendant of the facts supporting the charge

or a finding of guilt, may not defer further proceedings and

the imposition of a sentence and may not enter an order for

supervision of the defendant.

(b) FELONY FINES. Unless otherwise specified by law, the

minimum fine is $25. An offender may be sentenced to pay a fine

not to exceed, for each offense, $25,000 or the amount

specified in the offense, whichever is greater, or if the

offender is a corporation, $50,000 or the amount specified in

the offense, whichever is greater. A fine may be imposed in

addition to a sentence of conditional discharge, probation,

periodic imprisonment, or imprisonment. See Article 9 of

Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of

additional amounts and determination of amounts and payment. If

the court finds that the fine would impose an undue burden on

the victim, the court may reduce or waive the fine.

(c) REASONS FOR SENTENCE STATED. The sentencing judge in

each felony conviction shall set forth his or her reasons for

imposing the particular sentence entered in the case, as

provided in Section 5-4-1 (730 ILCS 5/5-4-1). Those reasons may

include any mitigating or aggravating factors specified in this

Code, or the lack of any such factors, as well as any other

mitigating or aggravating factors that the judge sets forth on

the record that are consistent with the purposes and principles

of sentencing set out in this Code.

(d) MOTION TO REDUCE SENTENCE. A motion to reduce a

sentence may be made, or the court may reduce a sentence

without motion, within 30 days after the sentence is imposed. A

defendant's challenge to the correctness of a sentence or to

any aspect of the sentencing hearing shall be made by a written

motion filed with the circuit court clerk within 30 days

following the imposition of sentence. A motion not filed within

that 30-day period is not timely. The court may not increase a

sentence once it is imposed. A notice of motion must be filed

with the motion. The notice of motion shall set the motion on

the court's calendar on a date certain within a reasonable time

after the date of filing.

If a motion filed pursuant to this subsection is timely

filed, the proponent of the motion shall exercise due diligence

in seeking a determination on the motion and the court shall

thereafter decide the motion within a reasonable time.

If a motion filed pursuant to this subsection is timely

filed, then for purposes of perfecting an appeal, a final

judgment is not considered to have been entered until the

motion to reduce the sentence has been decided by order entered

by the trial court.

(e) CONCURRENT SENTENCE; PREVIOUS UNEXPIRED FEDERAL OR

OTHER-STATE SENTENCE. A defendant who has a previous and

unexpired sentence of imprisonment imposed by another state or

by any district court of the United States and who, after

sentence for a crime in Illinois, must return to serve the

unexpired prior sentence may have his or her sentence by the

Illinois court ordered to be concurrent with the prior

other-state or federal sentence. The court may order that any

time served on the unexpired portion of the other-state or

federal sentence, prior to his or her return to Illinois, shall

be credited on his or her Illinois sentence. The appropriate

official of the other state or the United States shall be

furnished with a copy of the order imposing sentence, which

shall provide that, when the offender is released from

other-state or federal confinement, whether by parole or by

termination of sentence, the offender shall be transferred by

the Sheriff of the committing Illinois county to the Illinois

Department of Corrections. The court shall cause the Department

of Corrections to be notified of the sentence at the time of

commitment and to be provided with copies of all records

regarding the sentence.

(f) REDUCTION; PREVIOUS UNEXPIRED ILLINOIS SENTENCE. A

defendant who has a previous and unexpired sentence of

imprisonment imposed by an Illinois circuit court for a crime

in this State and who is subsequently sentenced to a term of

imprisonment by another state or by any district court of the

United States and who has served a term of imprisonment imposed

by the other state or district court of the United States, and

must return to serve the unexpired prior sentence imposed by

the Illinois circuit court, may apply to the Illinois circuit

court that imposed sentence to have his or her sentence

reduced.

The circuit court may order that any time served on the

sentence imposed by the other state or district court of the

United States be credited on his or her Illinois sentence. The

application for reduction of a sentence under this subsection

shall be made within 30 days after the defendant has completed

the sentence imposed by the other state or district court of

the United States.

(g) NO REQUIRED BIRTH CONTROL. A court may not impose a

sentence or disposition that requires the defendant to be

implanted or injected with or to use any form of birth control.

(Source: P.A. 95-1052, eff. 7-1-09.)

(730 ILCS 5/5-4.5-55)

Sec. 5-4.5-55. CLASS A MISDEMEANORS; SENTENCE. For a Class

A misdemeanor:

(a) TERM. The sentence of imprisonment shall be a

determinate sentence of less than one year.

(b) PERIODIC IMPRISONMENT. A sentence of periodic

imprisonment shall be for a definite term of less than one

year, except as otherwise provided in Section 5-5-3 or 5-7-1

(730 ILCS 5/5-5-3 or 5/5-7-1).

(c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS

5/5-8-1.2) concerning eligibility for the county impact

incarceration program.

(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided

in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the

period of probation or conditional discharge shall not exceed 2

years. The court shall specify the conditions of probation or

conditional discharge as set forth in Section 5-6-3 (730 ILCS

5/5-6-3).

(e) FINE. Unless otherwise specified by law, the minimum

fine is $25. A fine not to exceed $2,500 for each offense or

the amount specified in the offense, whichever is greater, may

be imposed. A fine may be imposed in addition to a sentence of

conditional discharge, probation, periodic imprisonment, or

imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V,

Art. 9) for imposition of additional amounts and determination

of amounts and payment. If the court finds that the fine would

impose an undue burden on the victim, the court may reduce or

waive the fine.

(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)

concerning restitution.

(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall

be concurrent or consecutive as provided in Section 5-8-4 (730

ILCS 5/5-8-4).

(h) DRUG COURT. See Section 20 of the Drug Court Treatment

Act (730 ILCS 166/20) concerning eligibility for a drug court

program.

(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730

ILCS 5/5-4.5-100) concerning credit for time spent in home

detention prior to judgment.

(j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good

Behavior Allowance Act (730 ILCS 130/) for rules and

regulations for good behavior allowance.

(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section

5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for

electronic monitoring and home detention.

(Source: P.A. 100-431, eff. 8-25-17.)

(730 ILCS 5/5-4.5-60)

Sec. 5-4.5-60. CLASS B MISDEMEANORS; SENTENCE. For a Class

B misdemeanor:

(a) TERM. The sentence of imprisonment shall be a

determinate sentence of not more than 6 months.

(b) PERIODIC IMPRISONMENT. A sentence of periodic

imprisonment shall be for a definite term of up to 6 months or

as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).

(c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS

5/5-8-1.2) concerning eligibility for the county impact

incarceration program.

(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided

in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or

conditional discharge shall not exceed 2 years. The court shall

specify the conditions of probation or conditional discharge as

set forth in Section 5-6-3 (730 ILCS 5/5-6-3).

(e) FINE. Unless otherwise specified by law, the minimum

fine is $25. A fine not to exceed $1,500 for each offense or

the amount specified in the offense, whichever is greater, may

be imposed. A fine may be imposed in addition to a sentence of

conditional discharge, probation, periodic imprisonment, or

imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V,

Art. 9) for imposition of additional amounts and determination

of amounts and payment. If the court finds that the fine would

impose an undue burden on the victim, the court may reduce or

waive the fine.

(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)

concerning restitution.

(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall

be concurrent or consecutive as provided in Section 5-8-4 (730

ILCS 5/5-8-4).

(h) DRUG COURT. See Section 20 of the Drug Court Treatment

Act (730 ILCS 166/20) concerning eligibility for a drug court

program.

(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730

ILCS 5/5-4.5-100) concerning credit for time spent in home

detention prior to judgment.

(j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good

Behavior Allowance Act (730 ILCS 130/) for rules and

regulations for good behavior allowance.

(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section

5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for

electronic monitoring and home detention.

(Source: P.A. 100-431, eff. 8-25-17.)

(730 ILCS 5/5-4.5-65)

Sec. 5-4.5-65. CLASS C MISDEMEANORS; SENTENCE. For a Class

C misdemeanor:

(a) TERM. The sentence of imprisonment shall be a

determinate sentence of not more than 30 days.

(b) PERIODIC IMPRISONMENT. A sentence of periodic

imprisonment shall be for a definite term of up to 30 days or

as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).

(c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS

5/5-8-1.2) concerning eligibility for the county impact

incarceration program.

(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided

in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or

conditional discharge shall not exceed 2 years. The court shall

specify the conditions of probation or conditional discharge as

set forth in Section 5-6-3 (730 ILCS 5/5-6-3).

(e) FINE. Unless otherwise specified by law, the minimum

fine is $25. A fine not to exceed $1,500 for each offense or

the amount specified in the offense, whichever is greater, may

be imposed. A fine may be imposed in addition to a sentence of

conditional discharge, probation, periodic imprisonment, or

imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V,

Art. 9) for imposition of additional amounts and determination

of amounts and payment. If the court finds that the fine would

impose an undue burden on the victim, the court may reduce or

waive the fine.

(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)

concerning restitution.

(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall

be concurrent or consecutive as provided in Section 5-8-4 (730

ILCS 5/5-8-4).

(h) DRUG COURT. See Section 20 of the Drug Court Treatment

Act (730 ILCS 166/20) concerning eligibility for a drug court

program.

(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730

ILCS 5/5-4.5-100) concerning credit for time spent in home

detention prior to judgment.

(j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good

Behavior Allowance Act (730 ILCS 130/) for rules and

regulations for good behavior allowance.

(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section

5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for

electronic monitoring and home detention.

(Source: P.A. 100-431, eff. 8-25-17.)

(730 ILCS 5/5-4.5-75)

Sec. 5-4.5-75. PETTY OFFENSES; SENTENCE. Except as

otherwise provided, for a petty offense:

(a) FINE. Unless otherwise specified by law, the minimum

fine is $25. A defendant may be sentenced to pay a fine not to

exceed $1,000 for each offense or the amount specified in the

offense, whichever is less. A fine may be imposed in addition

to a sentence of conditional discharge or probation. See

Article 9 of Chapter V (730 ILCS 5/Ch. V, Art. 9) for

imposition of additional amounts and determination of amounts

and payment. If the court finds that the fine would impose an

undue burden on the victim, the court may reduce or waive the

fine.

(b) PROBATION; CONDITIONAL DISCHARGE. Except as provided

in Section 5-6-2 (730 ILCS 5/5-6-2), a defendant may be

sentenced to a period of probation or conditional discharge not

to exceed 6 months. The court shall specify the conditions of

probation or conditional discharge as set forth in Section

5-6-3 (730 ILCS 5/5-6-3).

(c) RESTITUTION. A defendant may be sentenced to make

restitution to the victim under Section 5-5-6 (730 ILCS

5/5-5-6).

(d) SUPERVISION; ORDER. The court, upon a plea of guilty or

a stipulation by the defendant of the facts supporting the

charge or a finding of guilt, may defer further proceedings and

the imposition of a sentence and may enter an order for

supervision of the defendant. If the defendant is not barred

from receiving an order for supervision under Section 5-6-1

(730 ILCS 5/5-6-1) or otherwise, the court may enter an order

for supervision after considering the circumstances of the

offense, and the history, character, and condition of the

offender, if the court is of the opinion that:

(1) the defendant is not likely to commit further

crimes;

(2) the defendant and the public would be best served

if the defendant were not to receive a criminal record; and

(3) in the best interests of justice, an order of

supervision is more appropriate than a sentence otherwise

permitted under this Code.

(e) SUPERVISION; PERIOD. When a defendant is placed on

supervision, the court shall enter an order for supervision

specifying the period of supervision, and shall defer further

proceedings in the case until the conclusion of the period. The

period of supervision shall be reasonable under all of the

circumstances of the case, and except as otherwise provided,

may not be longer than 2 years. The court shall specify the

conditions of supervision as set forth in Section 5-6-3.1 (730

ILCS 5/5-6-3.1).

(Source: P.A. 95-1052, eff. 7-1-09.)

(730 ILCS 5/5-4.5-80)

Sec. 5-4.5-80. BUSINESS OFFENSES; SENTENCE. Except as

otherwise provided, for a business offense:

(a) FINE. Unless otherwise specified by law, the minimum

fine is $25. A defendant may be sentenced to pay a fine not to

exceed for each offense the amount specified in the statute

defining that offense. A fine may be imposed in addition to a

sentence of conditional discharge. See Article 9 of Chapter V

(730 ILCS 5/Ch. V, Art. 9) for imposition of additional amounts

and determination of amounts and payment. If the court finds

that the fine would impose an undue burden on the victim, the

court may reduce or waive the fine.

(b) CONDITIONAL DISCHARGE. A defendant may be sentenced to

a period of conditional discharge. The court shall specify the

conditions of conditional discharge as set forth in Section

5-6-3 (730 ILCS 5/5-6-3).

(c) RESTITUTION. A defendant may be sentenced to make

restitution to the victim under Section 5-5-6 (730 ILCS

5/5-5-6).

(d) SUPERVISION; ORDER. The court, upon a plea of guilty or

a stipulation by the defendant of the facts supporting the

charge or a finding of guilt, may defer further proceedings and

the imposition of a sentence and may enter an order for

supervision of the defendant. If the defendant is not barred

from receiving an order for supervision under Section 5-6-1

(730 ILCS 5/5-6-1) or otherwise, the court may enter an order

for supervision after considering the circumstances of the

offense, and the history, character, and condition of the

offender, if the court is of the opinion that:

(1) the defendant is not likely to commit further

crimes;

(2) the defendant and the public would be best served

if the defendant were not to receive a criminal record; and

(3) in the best interests of justice, an order of

supervision is more appropriate than a sentence otherwise

permitted under this Code.

(e) SUPERVISION; PERIOD. When a defendant is placed on

supervision, the court shall enter an order for supervision

specifying the period of supervision, and shall defer further

proceedings in the case until the conclusion of the period. The

period of supervision shall be reasonable under all of the

circumstances of the case, and except as otherwise provided,

may not be longer than 2 years. The court shall specify the

conditions of supervision as set forth in Section 5-6-3.1 (730

ILCS 5/5-6-3.1).

(Source: P.A. 95-1052, eff. 7-1-09.)

(730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)

Sec. 5-5-3. Disposition.

(a) (Blank).

(b) (Blank).

(c) (1) (Blank).

(2) A period of probation, a term of periodic imprisonment

or conditional discharge shall not be imposed for the following

offenses. The court shall sentence the offender to not less

than the minimum term of imprisonment set forth in this Code

for the following offenses, and may order a fine or restitution

or both in conjunction with such term of imprisonment:

(A) First degree murder where the death penalty is not

imposed.

(B) Attempted first degree murder.

(C) A Class X felony.

(D) A violation of Section 401.1 or 407 of the Illinois

Controlled Substances Act, or a violation of subdivision

(c)(1.5) of Section 401 of that Act which relates to more

than 5 grams of a substance containing fentanyl or an

analog thereof.

(D-5) A violation of subdivision (c)(1) of Section 401

of the Illinois Controlled Substances Act which relates to

3 or more grams of a substance containing heroin or an

analog thereof.

(E) (Blank).

(F) A Class 1 or greater felony if the offender had

been convicted of a Class 1 or greater felony, including

any state or federal conviction for an offense that

contained, at the time it was committed, the same elements

as an offense now (the date of the offense committed after

the prior Class 1 or greater felony) classified as a Class

1 or greater felony, within 10 years of the date on which

the offender committed the offense for which he or she is

being sentenced, except as otherwise provided in Section

40-10 of the Alcoholism and Other Drug Abuse and Dependency

Act.

(F-3) A Class 2 or greater felony sex offense or felony

firearm offense if the offender had been convicted of a

Class 2 or greater felony, including any state or federal

conviction for an offense that contained, at the time it

was committed, the same elements as an offense now (the

date of the offense committed after the prior Class 2 or

greater felony) classified as a Class 2 or greater felony,

within 10 years of the date on which the offender committed

the offense for which he or she is being sentenced, except

as otherwise provided in Section 40-10 of the Alcoholism

and Other Drug Abuse and Dependency Act.

(F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of

the Criminal Code of 1961 or the Criminal Code of 2012 for

which imprisonment is prescribed in those Sections.

(G) Residential burglary, except as otherwise provided

in Section 40-10 of the Alcoholism and Other Drug Abuse and

Dependency Act.

(H) Criminal sexual assault.

(I) Aggravated battery of a senior citizen as described

in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05

of the Criminal Code of 1961 or the Criminal Code of 2012.

(J) A forcible felony if the offense was related to the

activities of an organized gang.

Before July 1, 1994, for the purposes of this

paragraph, "organized gang" means an association of 5 or

more persons, with an established hierarchy, that

encourages members of the association to perpetrate crimes

or provides support to the members of the association who

do commit crimes.

Beginning July 1, 1994, for the purposes of this

paragraph, "organized gang" has the meaning ascribed to it

in Section 10 of the Illinois Streetgang Terrorism Omnibus

Prevention Act.

(K) Vehicular hijacking.

(L) A second or subsequent conviction for the offense

of hate crime when the underlying offense upon which the

hate crime is based is felony aggravated assault or felony

mob action.

(M) A second or subsequent conviction for the offense

of institutional vandalism if the damage to the property

exceeds $300.

(N) A Class 3 felony violation of paragraph (1) of

subsection (a) of Section 2 of the Firearm Owners

Identification Card Act.

(O) A violation of Section 12-6.1 or 12-6.5 of the

Criminal Code of 1961 or the Criminal Code of 2012.

(P) A violation of paragraph (1), (2), (3), (4), (5),

or (7) of subsection (a) of Section 11-20.1 of the Criminal

Code of 1961 or the Criminal Code of 2012.

(Q) A violation of subsection (b) or (b-5) of Section

20-1, Section 20-1.2, or Section 20-1.3 of the Criminal

Code of 1961 or the Criminal Code of 2012.

(R) A violation of Section 24-3A of the Criminal Code

of 1961 or the Criminal Code of 2012.

(S) (Blank).

(T) (Blank).

(U) A second or subsequent violation of Section 6-303

of the Illinois Vehicle Code committed while his or her

driver's license, permit, or privilege was revoked because

of a violation of Section 9-3 of the Criminal Code of 1961

or the Criminal Code of 2012, relating to the offense of

reckless homicide, or a similar provision of a law of

another state.

(V) A violation of paragraph (4) of subsection (c) of

Section 11-20.1B or paragraph (4) of subsection (c) of

Section 11-20.3 of the Criminal Code of 1961, or paragraph

(6) of subsection (a) of Section 11-20.1 of the Criminal

Code of 2012 when the victim is under 13 years of age and

the defendant has previously been convicted under the laws

of this State or any other state of the offense of child

pornography, aggravated child pornography, aggravated

criminal sexual abuse, aggravated criminal sexual assault,

predatory criminal sexual assault of a child, or any of the

offenses formerly known as rape, deviate sexual assault,

indecent liberties with a child, or aggravated indecent

liberties with a child where the victim was under the age

of 18 years or an offense that is substantially equivalent

to those offenses.

(W) A violation of Section 24-3.5 of the Criminal Code

of 1961 or the Criminal Code of 2012.

(X) A violation of subsection (a) of Section 31-1a of

the Criminal Code of 1961 or the Criminal Code of 2012.

(Y) A conviction for unlawful possession of a firearm

by a street gang member when the firearm was loaded or

contained firearm ammunition.

(Z) A Class 1 felony committed while he or she was

serving a term of probation or conditional discharge for a

felony.

(AA) Theft of property exceeding $500,000 and not

exceeding $1,000,000 in value.

(BB) Laundering of criminally derived property of a

value exceeding $500,000.

(CC) Knowingly selling, offering for sale, holding for

sale, or using 2,000 or more counterfeit items or

counterfeit items having a retail value in the aggregate of

$500,000 or more.

(DD) A conviction for aggravated assault under

paragraph (6) of subsection (c) of Section 12-2 of the

Criminal Code of 1961 or the Criminal Code of 2012 if the

firearm is aimed toward the person against whom the firearm

is being used.

(EE) A conviction for a violation of paragraph (2) of

subsection (a) of Section 24-3B of the Criminal Code of

2012.

(3) (Blank).

(4) A minimum term of imprisonment of not less than 10

consecutive days or 30 days of community service shall be

imposed for a violation of paragraph (c) of Section 6-303 of

the Illinois Vehicle Code.

(4.1) (Blank).

(4.2) Except as provided in paragraphs (4.3) and (4.8) of

this subsection (c), a minimum of 100 hours of community

service shall be imposed for a second violation of Section

6-303 of the Illinois Vehicle Code.

(4.3) A minimum term of imprisonment of 30 days or 300

hours of community service, as determined by the court, shall

be imposed for a second violation of subsection (c) of Section

6-303 of the Illinois Vehicle Code.

(4.4) Except as provided in paragraphs (4.5), (4.6), and

(4.9) of this subsection (c), a minimum term of imprisonment of

30 days or 300 hours of community service, as determined by the

court, shall be imposed for a third or subsequent violation of

Section 6-303 of the Illinois Vehicle Code. The court may give

credit toward the fulfillment of community service hours for

participation in activities and treatment as determined by

court services.

(4.5) A minimum term of imprisonment of 30 days shall be

imposed for a third violation of subsection (c) of Section

6-303 of the Illinois Vehicle Code.

(4.6) Except as provided in paragraph (4.10) of this

subsection (c), a minimum term of imprisonment of 180 days

shall be imposed for a fourth or subsequent violation of

subsection (c) of Section 6-303 of the Illinois Vehicle Code.

(4.7) A minimum term of imprisonment of not less than 30

consecutive days, or 300 hours of community service, shall be

imposed for a violation of subsection (a-5) of Section 6-303 of

the Illinois Vehicle Code, as provided in subsection (b-5) of

that Section.

(4.8) A mandatory prison sentence shall be imposed for a

second violation of subsection (a-5) of Section 6-303 of the

Illinois Vehicle Code, as provided in subsection (c-5) of that

Section. The person's driving privileges shall be revoked for a

period of not less than 5 years from the date of his or her

release from prison.

(4.9) A mandatory prison sentence of not less than 4 and

not more than 15 years shall be imposed for a third violation

of subsection (a-5) of Section 6-303 of the Illinois Vehicle

Code, as provided in subsection (d-2.5) of that Section. The

person's driving privileges shall be revoked for the remainder

of his or her life.

(4.10) A mandatory prison sentence for a Class 1 felony

shall be imposed, and the person shall be eligible for an

extended term sentence, for a fourth or subsequent violation of

subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,

as provided in subsection (d-3.5) of that Section. The person's

driving privileges shall be revoked for the remainder of his or

her life.

(5) The court may sentence a corporation or unincorporated

association convicted of any offense to:

(A) a period of conditional discharge;

(B) a fine;

(C) make restitution to the victim under Section 5-5-6

of this Code.

(5.1) In addition to any other penalties imposed, and

except as provided in paragraph (5.2) or (5.3), a person

convicted of violating subsection (c) of Section 11-907 of the

Illinois Vehicle Code shall have his or her driver's license,

permit, or privileges suspended for at least 90 days but not

more than one year, if the violation resulted in damage to the

property of another person.

(5.2) In addition to any other penalties imposed, and

except as provided in paragraph (5.3), a person convicted of

violating subsection (c) of Section 11-907 of the Illinois

Vehicle Code shall have his or her driver's license, permit, or

privileges suspended for at least 180 days but not more than 2

years, if the violation resulted in injury to another person.

(5.3) In addition to any other penalties imposed, a person

convicted of violating subsection (c) of Section 11-907 of the

Illinois Vehicle Code shall have his or her driver's license,

permit, or privileges suspended for 2 years, if the violation

resulted in the death of another person.

(5.4) In addition to any other penalties imposed, a person

convicted of violating Section 3-707 of the Illinois Vehicle

Code shall have his or her driver's license, permit, or

privileges suspended for 3 months and until he or she has paid

a reinstatement fee of $100.

(5.5) In addition to any other penalties imposed, a person

convicted of violating Section 3-707 of the Illinois Vehicle

Code during a period in which his or her driver's license,

permit, or privileges were suspended for a previous violation

of that Section shall have his or her driver's license, permit,

or privileges suspended for an additional 6 months after the

expiration of the original 3-month suspension and until he or

she has paid a reinstatement fee of $100.

(6) (Blank).

(7) (Blank).

(8) (Blank).

(9) A defendant convicted of a second or subsequent offense

of ritualized abuse of a child may be sentenced to a term of

natural life imprisonment.

(10) (Blank).

(11) The court shall impose a minimum fine of $1,000 for a

first offense and $2,000 for a second or subsequent offense

upon a person convicted of or placed on supervision for battery

when the individual harmed was a sports official or coach at

any level of competition and the act causing harm to the sports

official or coach occurred within an athletic facility or

within the immediate vicinity of the athletic facility at which

the sports official or coach was an active participant of the

athletic contest held at the athletic facility. For the

purposes of this paragraph (11), "sports official" means a

person at an athletic contest who enforces the rules of the

contest, such as an umpire or referee; "athletic facility"

means an indoor or outdoor playing field or recreational area

where sports activities are conducted; and "coach" means a

person recognized as a coach by the sanctioning authority that

conducted the sporting event.

(12) A person may not receive a disposition of court

supervision for a violation of Section 5-16 of the Boat

Registration and Safety Act if that person has previously

received a disposition of court supervision for a violation of

that Section.

(13) A person convicted of or placed on court supervision

for an assault or aggravated assault when the victim and the

offender are family or household members as defined in Section

103 of the Illinois Domestic Violence Act of 1986 or convicted

of domestic battery or aggravated domestic battery may be

required to attend a Partner Abuse Intervention Program under

protocols set forth by the Illinois Department of Human

Services under such terms and conditions imposed by the court.

The costs of such classes shall be paid by the offender.

(d) In any case in which a sentence originally imposed is

vacated, the case shall be remanded to the trial court. The

trial court shall hold a hearing under Section 5-4-1 of the

Unified Code of Corrections which may include evidence of the

defendant's life, moral character and occupation during the

time since the original sentence was passed. The trial court

shall then impose sentence upon the defendant. The trial court

may impose any sentence which could have been imposed at the

original trial subject to Section 5-5-4 of the Unified Code of

Corrections. If a sentence is vacated on appeal or on

collateral attack due to the failure of the trier of fact at

trial to determine beyond a reasonable doubt the existence of a

fact (other than a prior conviction) necessary to increase the

punishment for the offense beyond the statutory maximum

otherwise applicable, either the defendant may be re-sentenced

to a term within the range otherwise provided or, if the State

files notice of its intention to again seek the extended

sentence, the defendant shall be afforded a new trial.

(e) In cases where prosecution for aggravated criminal

sexual abuse under Section 11-1.60 or 12-16 of the Criminal

Code of 1961 or the Criminal Code of 2012 results in conviction

of a defendant who was a family member of the victim at the

time of the commission of the offense, the court shall consider

the safety and welfare of the victim and may impose a sentence

of probation only where:

(1) the court finds (A) or (B) or both are appropriate:

(A) the defendant is willing to undergo a court

approved counseling program for a minimum duration of 2

years; or

(B) the defendant is willing to participate in a

court approved plan including but not limited to the

defendant's:

(i) removal from the household;

(ii) restricted contact with the victim;

(iii) continued financial support of the

family;

(iv) restitution for harm done to the victim;

and

(v) compliance with any other measures that

the court may deem appropriate; and

(2) the court orders the defendant to pay for the

victim's counseling services, to the extent that the court

finds, after considering the defendant's income and

assets, that the defendant is financially capable of paying

for such services, if the victim was under 18 years of age

at the time the offense was committed and requires

counseling as a result of the offense.

Probation may be revoked or modified pursuant to Section

5-6-4; except where the court determines at the hearing that

the defendant violated a condition of his or her probation

restricting contact with the victim or other family members or

commits another offense with the victim or other family

members, the court shall revoke the defendant's probation and

impose a term of imprisonment.

For the purposes of this Section, "family member" and

"victim" shall have the meanings ascribed to them in Section

11-0.1 of the Criminal Code of 2012.

(f) (Blank).

(g) Whenever a defendant is convicted of an offense under

Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,

11-14.3, 11-14.4 except for an offense that involves keeping a

place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,

11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,

12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the

Criminal Code of 2012, the defendant shall undergo medical

testing to determine whether the defendant has any sexually

transmissible disease, including a test for infection with

human immunodeficiency virus (HIV) or any other identified

causative agent of acquired immunodeficiency syndrome (AIDS).

Any such medical test shall be performed only by appropriately

licensed medical practitioners and may include an analysis of

any bodily fluids as well as an examination of the defendant's

person. Except as otherwise provided by law, the results of

such test shall be kept strictly confidential by all medical

personnel involved in the testing and must be personally

delivered in a sealed envelope to the judge of the court in

which the conviction was entered for the judge's inspection in

camera. Acting in accordance with the best interests of the

victim and the public, the judge shall have the discretion to

determine to whom, if anyone, the results of the testing may be

revealed. The court shall notify the defendant of the test

results. The court shall also notify the victim if requested by

the victim, and if the victim is under the age of 15 and if

requested by the victim's parents or legal guardian, the court

shall notify the victim's parents or legal guardian of the test

results. The court shall provide information on the

availability of HIV testing and counseling at Department of

Public Health facilities to all parties to whom the results of

the testing are revealed and shall direct the State's Attorney

to provide the information to the victim when possible. A

State's Attorney may petition the court to obtain the results

of any HIV test administered under this Section, and the court

shall grant the disclosure if the State's Attorney shows it is

relevant in order to prosecute a charge of criminal

transmission of HIV under Section 12-5.01 or 12-16.2 of the

Criminal Code of 1961 or the Criminal Code of 2012 against the

defendant. The court shall order that the cost of any such test

shall be paid by the county and may be taxed as costs against

the convicted defendant.

(g-5) When an inmate is tested for an airborne communicable

disease, as determined by the Illinois Department of Public

Health including but not limited to tuberculosis, the results

of the test shall be personally delivered by the warden or his

or her designee in a sealed envelope to the judge of the court

in which the inmate must appear for the judge's inspection in

camera if requested by the judge. Acting in accordance with the

best interests of those in the courtroom, the judge shall have

the discretion to determine what if any precautions need to be

taken to prevent transmission of the disease in the courtroom.

(h) Whenever a defendant is convicted of an offense under

Section 1 or 2 of the Hypodermic Syringes and Needles Act, the

defendant shall undergo medical testing to determine whether

the defendant has been exposed to human immunodeficiency virus

(HIV) or any other identified causative agent of acquired

immunodeficiency syndrome (AIDS). Except as otherwise provided

by law, the results of such test shall be kept strictly

confidential by all medical personnel involved in the testing

and must be personally delivered in a sealed envelope to the

judge of the court in which the conviction was entered for the

judge's inspection in camera. Acting in accordance with the

best interests of the public, the judge shall have the

discretion to determine to whom, if anyone, the results of the

testing may be revealed. The court shall notify the defendant

of a positive test showing an infection with the human

immunodeficiency virus (HIV). The court shall provide

information on the availability of HIV testing and counseling

at Department of Public Health facilities to all parties to

whom the results of the testing are revealed and shall direct

the State's Attorney to provide the information to the victim

when possible. A State's Attorney may petition the court to

obtain the results of any HIV test administered under this

Section, and the court shall grant the disclosure if the

State's Attorney shows it is relevant in order to prosecute a

charge of criminal transmission of HIV under Section 12-5.01 or

12-16.2 of the Criminal Code of 1961 or the Criminal Code of

2012 against the defendant. The court shall order that the cost

of any such test shall be paid by the county and may be taxed as

costs against the convicted defendant.

(i) All fines and penalties imposed under this Section for

any violation of Chapters 3, 4, 6, and 11 of the Illinois

Vehicle Code, or a similar provision of a local ordinance, and

any violation of the Child Passenger Protection Act, or a

similar provision of a local ordinance, shall be collected and

disbursed by the circuit clerk as provided under the Criminal

and Traffic Assessment Act Section 27.5 of the Clerks of Courts

Act.

(j) In cases when prosecution for any violation of Section

11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,

11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,

11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,

11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,

12-15, or 12-16 of the Criminal Code of 1961 or the Criminal

Code of 2012, any violation of the Illinois Controlled

Substances Act, any violation of the Cannabis Control Act, or

any violation of the Methamphetamine Control and Community

Protection Act results in conviction, a disposition of court

supervision, or an order of probation granted under Section 10

of the Cannabis Control Act, Section 410 of the Illinois

Controlled Substances Act, or Section 70 of the Methamphetamine

Control and Community Protection Act of a defendant, the court

shall determine whether the defendant is employed by a facility

or center as defined under the Child Care Act of 1969, a public

or private elementary or secondary school, or otherwise works

with children under 18 years of age on a daily basis. When a

defendant is so employed, the court shall order the Clerk of

the Court to send a copy of the judgment of conviction or order

of supervision or probation to the defendant's employer by

certified mail. If the employer of the defendant is a school,

the Clerk of the Court shall direct the mailing of a copy of

the judgment of conviction or order of supervision or probation

to the appropriate regional superintendent of schools. The

regional superintendent of schools shall notify the State Board

of Education of any notification under this subsection.

(j-5) A defendant at least 17 years of age who is convicted

of a felony and who has not been previously convicted of a

misdemeanor or felony and who is sentenced to a term of

imprisonment in the Illinois Department of Corrections shall as

a condition of his or her sentence be required by the court to

attend educational courses designed to prepare the defendant

for a high school diploma and to work toward a high school

diploma or to work toward passing high school equivalency

testing or to work toward completing a vocational training

program offered by the Department of Corrections. If a

defendant fails to complete the educational training required

by his or her sentence during the term of incarceration, the

Prisoner Review Board shall, as a condition of mandatory

supervised release, require the defendant, at his or her own

expense, to pursue a course of study toward a high school

diploma or passage of high school equivalency testing. The

Prisoner Review Board shall revoke the mandatory supervised

release of a defendant who wilfully fails to comply with this

subsection (j-5) upon his or her release from confinement in a

penal institution while serving a mandatory supervised release

term; however, the inability of the defendant after making a

good faith effort to obtain financial aid or pay for the

educational training shall not be deemed a wilful failure to

comply. The Prisoner Review Board shall recommit the defendant

whose mandatory supervised release term has been revoked under

this subsection (j-5) as provided in Section 3-3-9. This

subsection (j-5) does not apply to a defendant who has a high

school diploma or has successfully passed high school

equivalency testing. This subsection (j-5) does not apply to a

defendant who is determined by the court to be a person with a

developmental disability or otherwise mentally incapable of

completing the educational or vocational program.

(k) (Blank).

(l) (A) Except as provided in paragraph (C) of subsection

(l), whenever a defendant, who is an alien as defined by the

Immigration and Nationality Act, is convicted of any felony or

misdemeanor offense, the court after sentencing the defendant

may, upon motion of the State's Attorney, hold sentence in

abeyance and remand the defendant to the custody of the

Attorney General of the United States or his or her designated

agent to be deported when:

(1) a final order of deportation has been issued

against the defendant pursuant to proceedings under the

Immigration and Nationality Act, and

(2) the deportation of the defendant would not

deprecate the seriousness of the defendant's conduct and

would not be inconsistent with the ends of justice.

Otherwise, the defendant shall be sentenced as provided in

this Chapter V.

(B) If the defendant has already been sentenced for a

felony or misdemeanor offense, or has been placed on probation

under Section 10 of the Cannabis Control Act, Section 410 of

the Illinois Controlled Substances Act, or Section 70 of the

Methamphetamine Control and Community Protection Act, the

court may, upon motion of the State's Attorney to suspend the

sentence imposed, commit the defendant to the custody of the

Attorney General of the United States or his or her designated

agent when:

(1) a final order of deportation has been issued

against the defendant pursuant to proceedings under the

Immigration and Nationality Act, and

(2) the deportation of the defendant would not

deprecate the seriousness of the defendant's conduct and

would not be inconsistent with the ends of justice.

(C) This subsection (l) does not apply to offenders who are

subject to the provisions of paragraph (2) of subsection (a) of

Section 3-6-3.

(D) Upon motion of the State's Attorney, if a defendant

sentenced under this Section returns to the jurisdiction of the

United States, the defendant shall be recommitted to the

custody of the county from which he or she was sentenced.

Thereafter, the defendant shall be brought before the

sentencing court, which may impose any sentence that was

available under Section 5-5-3 at the time of initial

sentencing. In addition, the defendant shall not be eligible

for additional earned sentence credit as provided under Section

3-6-3.

(m) A person convicted of criminal defacement of property

under Section 21-1.3 of the Criminal Code of 1961 or the

Criminal Code of 2012, in which the property damage exceeds

$300 and the property damaged is a school building, shall be

ordered to perform community service that may include cleanup,

removal, or painting over the defacement.

(n) The court may sentence a person convicted of a

violation of Section 12-19, 12-21, 16-1.3, or 17-56, or

subsection (a) or (b) of Section 12-4.4a, of the Criminal Code

of 1961 or the Criminal Code of 2012 (i) to an impact

incarceration program if the person is otherwise eligible for

that program under Section 5-8-1.1, (ii) to community service,

or (iii) if the person is an addict or alcoholic, as defined in

the Alcoholism and Other Drug Abuse and Dependency Act, to a

substance or alcohol abuse program licensed under that Act.

(o) Whenever a person is convicted of a sex offense as

defined in Section 2 of the Sex Offender Registration Act, the

defendant's driver's license or permit shall be subject to

renewal on an annual basis in accordance with the provisions of

license renewal established by the Secretary of State.

(Source: P.A. 99-143, eff. 7-27-15; 99-885, eff. 8-23-16;

99-938, eff. 1-1-18; 100-575, eff. 1-8-18.)

(730 ILCS 5/5-5-6) (from Ch. 38, par. 1005-5-6)

Sec. 5-5-6. In all convictions for offenses in violation of

the Criminal Code of 1961 or the Criminal Code of 2012 or of

Section 11-501 of the Illinois Vehicle Code in which the person

received any injury to his or her person or damage to his or

her real or personal property as a result of the criminal act

of the defendant, the court shall order restitution as provided

in this Section. In all other cases, except cases in which

restitution is required under this Section, the court must at

the sentence hearing determine whether restitution is an

appropriate sentence to be imposed on each defendant convicted

of an offense. If the court determines that an order directing

the offender to make restitution is appropriate, the offender

may be sentenced to make restitution. The court may consider

restitution an appropriate sentence to be imposed on each

defendant convicted of an offense in addition to a sentence of

imprisonment. The sentence of the defendant to a term of

imprisonment is not a mitigating factor that prevents the court

from ordering the defendant to pay restitution. If the offender

is sentenced to make restitution the Court shall determine the

restitution as hereinafter set forth:

(a) At the sentence hearing, the court shall determine

whether the property may be restored in kind to the

possession of the owner or the person entitled to

possession thereof; or whether the defendant is possessed

of sufficient skill to repair and restore property damaged;

or whether the defendant should be required to make

restitution in cash, for out-of-pocket expenses, damages,

losses, or injuries found to have been proximately caused

by the conduct of the defendant or another for whom the

defendant is legally accountable under the provisions of

Article 5 of the Criminal Code of 1961 or the Criminal Code

of 2012.

(b) In fixing the amount of restitution to be paid in

cash, the court shall allow credit for property returned in

kind, for property damages ordered to be repaired by the

defendant, and for property ordered to be restored by the

defendant; and after granting the credit, the court shall

assess the actual out-of-pocket expenses, losses, damages,

and injuries suffered by the victim named in the charge and

any other victims who may also have suffered out-of-pocket

expenses, losses, damages, and injuries proximately caused

by the same criminal conduct of the defendant, and

insurance carriers who have indemnified the named victim or

other victims for the out-of-pocket expenses, losses,

damages, or injuries, provided that in no event shall

restitution be ordered to be paid on account of pain and

suffering. When a victim's out-of-pocket expenses have

been paid pursuant to the Crime Victims Compensation Act,

the court shall order restitution be paid to the

compensation program. If a defendant is placed on

supervision for, or convicted of, domestic battery, the

defendant shall be required to pay restitution to any

domestic violence shelter in which the victim and any other

family or household members lived because of the domestic

battery. The amount of the restitution shall equal the

actual expenses of the domestic violence shelter in

providing housing and any other services for the victim and

any other family or household members living at the

shelter. If a defendant fails to pay restitution in the

manner or within the time period specified by the court,

the court may enter an order directing the sheriff to seize

any real or personal property of a defendant to the extent

necessary to satisfy the order of restitution and dispose

of the property by public sale. All proceeds from such sale

in excess of the amount of restitution plus court costs and

the costs of the sheriff in conducting the sale shall be

paid to the defendant. The defendant convicted of domestic

battery, if a person under 18 years of age was present and

witnessed the domestic battery of the victim, is liable to

pay restitution for the cost of any counseling required for

the child at the discretion of the court.

(c) In cases where more than one defendant is

accountable for the same criminal conduct that results in

out-of-pocket expenses, losses, damages, or injuries, each

defendant shall be ordered to pay restitution in the amount

of the total actual out-of-pocket expenses, losses,

damages, or injuries to the victim proximately caused by

the conduct of all of the defendants who are legally

accountable for the offense.

(1) In no event shall the victim be entitled to

recover restitution in excess of the actual

out-of-pocket expenses, losses, damages, or injuries,

proximately caused by the conduct of all of the

defendants.

(2) As between the defendants, the court may

apportion the restitution that is payable in

proportion to each co-defendant's culpability in the

commission of the offense.

(3) In the absence of a specific order apportioning

the restitution, each defendant shall bear his pro rata

share of the restitution.

(4) As between the defendants, each defendant

shall be entitled to a pro rata reduction in the total

restitution required to be paid to the victim for

amounts of restitution actually paid by co-defendants,

and defendants who shall have paid more than their pro

rata share shall be entitled to refunds to be computed

by the court as additional amounts are paid by

co-defendants.

(d) In instances where a defendant has more than one

criminal charge pending against him in a single case, or

more than one case, and the defendant stands convicted of

one or more charges, a plea agreement negotiated by the

State's Attorney and the defendants may require the

defendant to make restitution to victims of charges that

have been dismissed or which it is contemplated will be

dismissed under the terms of the plea agreement, and under

the agreement, the court may impose a sentence of

restitution on the charge or charges of which the defendant

has been convicted that would require the defendant to make

restitution to victims of other offenses as provided in the

plea agreement.

(e) The court may require the defendant to apply the

balance of the cash bond, after payment of court costs, and

any fine that may be imposed to the payment of restitution.

(f) Taking into consideration the ability of the

defendant to pay, including any real or personal property

or any other assets of the defendant, the court shall

determine whether restitution shall be paid in a single

payment or in installments, and shall fix a period of time

not in excess of 5 years, except for violations of Sections

16-1.3 and 17-56 of the Criminal Code of 1961 or the

Criminal Code of 2012, or the period of time specified in

subsection (f-1), not including periods of incarceration,

within which payment of restitution is to be paid in full.

Complete restitution shall be paid in as short a time

period as possible. However, if the court deems it

necessary and in the best interest of the victim, the court

may extend beyond 5 years the period of time within which

the payment of restitution is to be paid. If the defendant

is ordered to pay restitution and the court orders that

restitution is to be paid over a period greater than 6

months, the court shall order that the defendant make

monthly payments; the court may waive this requirement of

monthly payments only if there is a specific finding of

good cause for waiver.

(f-1)(1) In addition to any other penalty prescribed by

law and any restitution ordered under this Section that did

not include long-term physical health care costs, the court

may, upon conviction of any misdemeanor or felony, order a

defendant to pay restitution to a victim in accordance with

the provisions of this subsection (f-1) if the victim has

suffered physical injury as a result of the offense that is

reasonably probable to require or has required long-term

physical health care for more than 3 months. As used in

this subsection (f-1) "long-term physical health care"

includes mental health care.

(2) The victim's estimate of long-term physical health

care costs may be made as part of a victim impact statement

under Section 6 of the Rights of Crime Victims and

Witnesses Act or made separately. The court shall enter the

long-term physical health care restitution order at the

time of sentencing. An order of restitution made under this

subsection (f-1) shall fix a monthly amount to be paid by

the defendant for as long as long-term physical health care

of the victim is required as a result of the offense. The

order may exceed the length of any sentence imposed upon

the defendant for the criminal activity. The court shall

include as a special finding in the judgment of conviction

its determination of the monthly cost of long-term physical

health care.

(3) After a sentencing order has been entered, the

court may from time to time, on the petition of either the

defendant or the victim, or upon its own motion, enter an

order for restitution for long-term physical care or modify

the existing order for restitution for long-term physical

care as to the amount of monthly payments. Any modification

of the order shall be based only upon a substantial change

of circumstances relating to the cost of long-term physical

health care or the financial condition of either the

defendant or the victim. The petition shall be filed as

part of the original criminal docket.

(g) In addition to the sentences provided for in

Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,

11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14,

12-14.1, 12-15, and 12-16, and subdivision (a)(4) of

Section 11-14.4, of the Criminal Code of 1961 or the

Criminal Code of 2012, the court may order any person who

is convicted of violating any of those Sections or who was

charged with any of those offenses and which charge was

reduced to another charge as a result of a plea agreement

under subsection (d) of this Section to meet all or any

portion of the financial obligations of treatment,

including but not limited to medical, psychiatric, or

rehabilitative treatment or psychological counseling,

prescribed for the victim or victims of the offense.

The payments shall be made by the defendant to the

clerk of the circuit court and transmitted by the clerk to

the appropriate person or agency as directed by the court.

Except as otherwise provided in subsection (f-1), the order

may require such payments to be made for a period not to

exceed 5 years after sentencing, not including periods of

incarceration.

(h) The judge may enter an order of withholding to

collect the amount of restitution owed in accordance with

Part 8 of Article XII of the Code of Civil Procedure.

(i) A sentence of restitution may be modified or

revoked by the court if the offender commits another

offense, or the offender fails to make restitution as

ordered by the court, but no sentence to make restitution

shall be revoked unless the court shall find that the

offender has had the financial ability to make restitution,

and he has wilfully refused to do so. When the offender's

ability to pay restitution was established at the time an

order of restitution was entered or modified, or when the

offender's ability to pay was based on the offender's

willingness to make restitution as part of a plea agreement

made at the time the order of restitution was entered or

modified, there is a rebuttable presumption that the facts

and circumstances considered by the court at the hearing at

which the order of restitution was entered or modified

regarding the offender's ability or willingness to pay

restitution have not materially changed. If the court shall

find that the defendant has failed to make restitution and

that the failure is not wilful, the court may impose an

additional period of time within which to make restitution.

The length of the additional period shall not be more than

2 years. The court shall retain all of the incidents of the

original sentence, including the authority to modify or

enlarge the conditions, and to revoke or further modify the

sentence if the conditions of payment are violated during

the additional period.

(j) The procedure upon the filing of a Petition to

Revoke a sentence to make restitution shall be the same as

the procedures set forth in Section 5-6-4 of this Code

governing violation, modification, or revocation of

Probation, of Conditional Discharge, or of Supervision.

(k) Nothing contained in this Section shall preclude

the right of any party to proceed in a civil action to

recover for any damages incurred due to the criminal

misconduct of the defendant.

(l) Restitution ordered under this Section shall not be

subject to disbursement by the circuit clerk under the

Criminal and Traffic Assessment Act Section 27.5 of the

Clerks of Courts Act.

(m) A restitution order under this Section is a

judgment lien in favor of the victim that:

(1) Attaches to the property of the person subject

to the order;

(2) May be perfected in the same manner as provided

in Part 3 of Article 9 of the Uniform Commercial Code;

(3) May be enforced to satisfy any payment that is

delinquent under the restitution order by the person in

whose favor the order is issued or the person's

assignee; and

(4) Expires in the same manner as a judgment lien

created in a civil proceeding.

When a restitution order is issued under this Section,

the issuing court shall send a certified copy of the order

to the clerk of the circuit court in the county where the

charge was filed. Upon receiving the order, the clerk shall

enter and index the order in the circuit court judgment

docket.

(n) An order of restitution under this Section does not

bar a civil action for:

(1) Damages that the court did not require the

person to pay to the victim under the restitution order

but arise from an injury or property damages that is

the basis of restitution ordered by the court; and

(2) Other damages suffered by the victim.

The restitution order is not discharged by the completion

of the sentence imposed for the offense.

A restitution order under this Section is not discharged by

the liquidation of a person's estate by a receiver. A

restitution order under this Section may be enforced in the

same manner as judgment liens are enforced under Article XII of

the Code of Civil Procedure.

The provisions of Section 2-1303 of the Code of Civil

Procedure, providing for interest on judgments, apply to

judgments for restitution entered under this Section.

(Source: P.A. 96-290, eff. 8-11-09; 96-1551, eff. 7-1-11;

97-482, eff. 1-1-12; 97-817, eff. 1-1-13; 97-1150, eff.

1-25-13.)

(730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)

Sec. 5-6-1. Sentences of Probation and of Conditional

Discharge and Disposition of Supervision. The General Assembly

finds that in order to protect the public, the criminal justice

system must compel compliance with the conditions of probation

by responding to violations with swift, certain and fair

punishments and intermediate sanctions. The Chief Judge of each

circuit shall adopt a system of structured, intermediate

sanctions for violations of the terms and conditions of a

sentence of probation, conditional discharge or disposition of

supervision.

(a) Except where specifically prohibited by other

provisions of this Code, the court shall impose a sentence of

probation or conditional discharge upon an offender unless,

having regard to the nature and circumstance of the offense,

and to the history, character and condition of the offender,

the court is of the opinion that:

(1) his imprisonment or periodic imprisonment is

necessary for the protection of the public; or

(2) probation or conditional discharge would deprecate

the seriousness of the offender's conduct and would be

inconsistent with the ends of justice; or

(3) a combination of imprisonment with concurrent or

consecutive probation when an offender has been admitted

into a drug court program under Section 20 of the Drug

Court Treatment Act is necessary for the protection of the

public and for the rehabilitation of the offender.

The court shall impose as a condition of a sentence of

probation, conditional discharge, or supervision, that the

probation agency may invoke any sanction from the list of

intermediate sanctions adopted by the chief judge of the

circuit court for violations of the terms and conditions of the

sentence of probation, conditional discharge, or supervision,

subject to the provisions of Section 5-6-4 of this Act.

(b) The court may impose a sentence of conditional

discharge for an offense if the court is of the opinion that

neither a sentence of imprisonment nor of periodic imprisonment

nor of probation supervision is appropriate.

(b-1) Subsections (a) and (b) of this Section do not apply

to a defendant charged with a misdemeanor or felony under the

Illinois Vehicle Code or reckless homicide under Section 9-3 of

the Criminal Code of 1961 or the Criminal Code of 2012 if the

defendant within the past 12 months has been convicted of or

pleaded guilty to a misdemeanor or felony under the Illinois

Vehicle Code or reckless homicide under Section 9-3 of the

Criminal Code of 1961 or the Criminal Code of 2012.

(c) The court may, upon a plea of guilty or a stipulation

by the defendant of the facts supporting the charge or a

finding of guilt, defer further proceedings and the imposition

of a sentence, and enter an order for supervision of the

defendant, if the defendant is not charged with: (i) a Class A

misdemeanor, as defined by the following provisions of the

Criminal Code of 1961 or the Criminal Code of 2012: Sections

11-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6;

31-7; paragraphs (2) and (3) of subsection (a) of Section 21-1;

paragraph (1) through (5), (8), (10), and (11) of subsection

(a) of Section 24-1; (ii) a Class A misdemeanor violation of

Section 3.01, 3.03-1, or 4.01 of the Humane Care for Animals

Act; or (iii) a felony. If the defendant is not barred from

receiving an order for supervision as provided in this

subsection, the court may enter an order for supervision after

considering the circumstances of the offense, and the history,

character and condition of the offender, if the court is of the

opinion that:

(1) the offender is not likely to commit further

crimes;

(2) the defendant and the public would be best served

if the defendant were not to receive a criminal record; and

(3) in the best interests of justice an order of

supervision is more appropriate than a sentence otherwise

permitted under this Code.

(c-5) Subsections (a), (b), and (c) of this Section do not

apply to a defendant charged with a second or subsequent

violation of Section 6-303 of the Illinois Vehicle Code

committed while his or her driver's license, permit or

privileges were revoked because of a violation of Section 9-3

of the Criminal Code of 1961 or the Criminal Code of 2012,

relating to the offense of reckless homicide, or a similar

provision of a law of another state.

(d) The provisions of paragraph (c) shall not apply to a

defendant charged with violating Section 11-501 of the Illinois

Vehicle Code or a similar provision of a local ordinance when

the defendant has previously been:

(1) convicted for a violation of Section 11-501 of the

Illinois Vehicle Code or a similar provision of a local

ordinance or any similar law or ordinance of another state;

or

(2) assigned supervision for a violation of Section

11-501 of the Illinois Vehicle Code or a similar provision

of a local ordinance or any similar law or ordinance of

another state; or

(3) pleaded guilty to or stipulated to the facts

supporting a charge or a finding of guilty to a violation

of Section 11-503 of the Illinois Vehicle Code or a similar

provision of a local ordinance or any similar law or

ordinance of another state, and the plea or stipulation was

the result of a plea agreement.

The court shall consider the statement of the prosecuting

authority with regard to the standards set forth in this

Section.

(e) The provisions of paragraph (c) shall not apply to a

defendant charged with violating Section 16-25 or 16A-3 of the

Criminal Code of 1961 or the Criminal Code of 2012 if said

defendant has within the last 5 years been:

(1) convicted for a violation of Section 16-25 or 16A-3

of the Criminal Code of 1961 or the Criminal Code of 2012;

or

(2) assigned supervision for a violation of Section

16-25 or 16A-3 of the Criminal Code of 1961 or the Criminal

Code of 2012.

The court shall consider the statement of the prosecuting

authority with regard to the standards set forth in this

Section.

(f) The provisions of paragraph (c) shall not apply to a

defendant charged with violating Sections 15-111, 15-112,

15-301, paragraph (b) of Section 6-104, Section 11-605,

paragraph (d-5) of Section 11-605.1, Section 11-1002.5, or

Section 11-1414 of the Illinois Vehicle Code or a similar

provision of a local ordinance.

(g) Except as otherwise provided in paragraph (i) of this

Section, the provisions of paragraph (c) shall not apply to a

defendant charged with violating Section 3-707, 3-708, 3-710,

or 5-401.3 of the Illinois Vehicle Code or a similar provision

of a local ordinance if the defendant has within the last 5

years been:

(1) convicted for a violation of Section 3-707, 3-708,

3-710, or 5-401.3 of the Illinois Vehicle Code or a similar

provision of a local ordinance; or

(2) assigned supervision for a violation of Section

3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle

Code or a similar provision of a local ordinance.

The court shall consider the statement of the prosecuting

authority with regard to the standards set forth in this

Section.

(h) The provisions of paragraph (c) shall not apply to a

defendant under the age of 21 years charged with violating a

serious traffic offense as defined in Section 1-187.001 of the

Illinois Vehicle Code:

(1) unless the defendant, upon payment of the fines,

penalties, and costs provided by law, agrees to attend and

successfully complete a traffic safety program approved by

the court under standards set by the Conference of Chief

Circuit Judges. The accused shall be responsible for

payment of any traffic safety program fees. If the accused

fails to file a certificate of successful completion on or

before the termination date of the supervision order, the

supervision shall be summarily revoked and conviction

entered. The provisions of Supreme Court Rule 402 relating

to pleas of guilty do not apply in cases when a defendant

enters a guilty plea under this provision; or

(2) if the defendant has previously been sentenced

under the provisions of paragraph (c) on or after January

1, 1998 for any serious traffic offense as defined in

Section 1-187.001 of the Illinois Vehicle Code.

(h-1) The provisions of paragraph (c) shall not apply to a

defendant under the age of 21 years charged with an offense

against traffic regulations governing the movement of vehicles

or any violation of Section 6-107 or Section 12-603.1 of the

Illinois Vehicle Code, unless the defendant, upon payment of

the fines, penalties, and costs provided by law, agrees to

attend and successfully complete a traffic safety program

approved by the court under standards set by the Conference of

Chief Circuit Judges. The accused shall be responsible for

payment of any traffic safety program fees. If the accused

fails to file a certificate of successful completion on or

before the termination date of the supervision order, the

supervision shall be summarily revoked and conviction entered.

The provisions of Supreme Court Rule 402 relating to pleas of

guilty do not apply in cases when a defendant enters a guilty

plea under this provision.

(i) The provisions of paragraph (c) shall not apply to a

defendant charged with violating Section 3-707 of the Illinois

Vehicle Code or a similar provision of a local ordinance if the

defendant has been assigned supervision for a violation of

Section 3-707 of the Illinois Vehicle Code or a similar

provision of a local ordinance.

(j) The provisions of paragraph (c) shall not apply to a

defendant charged with violating Section 6-303 of the Illinois

Vehicle Code or a similar provision of a local ordinance when

the revocation or suspension was for a violation of Section

11-501 or a similar provision of a local ordinance or a

violation of Section 11-501.1 or paragraph (b) of Section

11-401 of the Illinois Vehicle Code if the defendant has within

the last 10 years been:

(1) convicted for a violation of Section 6-303 of the

Illinois Vehicle Code or a similar provision of a local

ordinance; or

(2) assigned supervision for a violation of Section

6-303 of the Illinois Vehicle Code or a similar provision

of a local ordinance.

(k) The provisions of paragraph (c) shall not apply to a

defendant charged with violating any provision of the Illinois

Vehicle Code or a similar provision of a local ordinance that

governs the movement of vehicles if, within the 12 months

preceding the date of the defendant's arrest, the defendant has

been assigned court supervision on 2 occasions for a violation

that governs the movement of vehicles under the Illinois

Vehicle Code or a similar provision of a local ordinance. The

provisions of this paragraph (k) do not apply to a defendant

charged with violating Section 11-501 of the Illinois Vehicle

Code or a similar provision of a local ordinance.

(l) (Blank). A defendant charged with violating any

provision of the Illinois Vehicle Code or a similar provision

of a local ordinance who receives a disposition of supervision

under subsection (c) shall pay an additional fee of $29, to be

collected as provided in Sections 27.5 and 27.6 of the Clerks

of Courts Act. In addition to the $29 fee, the person shall

also pay a fee of $6, which, if not waived by the court, shall

be collected as provided in Sections 27.5 and 27.6 of the

Clerks of Courts Act. The $29 fee shall be disbursed as

provided in Section 16-104c of the Illinois Vehicle Code. If

the $6 fee is collected, $5.50 of the fee shall be deposited

into the Circuit Court Clerk Operation and Administrative Fund

created by the Clerk of the Circuit Court and 50 cents of the

fee shall be deposited into the Prisoner Review Board Vehicle

and Equipment Fund in the State treasury.

(m) (Blank). Any person convicted of, pleading guilty to,

or placed on supervision for a serious traffic violation, as

defined in Section 1-187.001 of the Illinois Vehicle Code, a

violation of Section 11-501 of the Illinois Vehicle Code, or a

violation of a similar provision of a local ordinance shall pay

an additional fee of $35, to be disbursed as provided in

Section 16-104d of that Code.

This subsection (m) becomes inoperative on January 1, 2020.

(n) The provisions of paragraph (c) shall not apply to any

person under the age of 18 who commits an offense against

traffic regulations governing the movement of vehicles or any

violation of Section 6-107 or Section 12-603.1 of the Illinois

Vehicle Code, except upon personal appearance of the defendant

in court and upon the written consent of the defendant's parent

or legal guardian, executed before the presiding judge. The

presiding judge shall have the authority to waive this

requirement upon the showing of good cause by the defendant.

(o) The provisions of paragraph (c) shall not apply to a

defendant charged with violating Section 6-303 of the Illinois

Vehicle Code or a similar provision of a local ordinance when

the suspension was for a violation of Section 11-501.1 of the

Illinois Vehicle Code and when:

(1) at the time of the violation of Section 11-501.1 of

the Illinois Vehicle Code, the defendant was a first

offender pursuant to Section 11-500 of the Illinois Vehicle

Code and the defendant failed to obtain a monitoring device

driving permit; or

(2) at the time of the violation of Section 11-501.1 of

the Illinois Vehicle Code, the defendant was a first

offender pursuant to Section 11-500 of the Illinois Vehicle

Code, had subsequently obtained a monitoring device

driving permit, but was driving a vehicle not equipped with

a breath alcohol ignition interlock device as defined in

Section 1-129.1 of the Illinois Vehicle Code.

(p) The provisions of paragraph (c) shall not apply to a

defendant charged with violating Section 11-601.5 of the

Illinois Vehicle Code or a similar provision of a local

ordinance when the defendant has previously been:

(1) convicted for a violation of Section 11-601.5 of

the Illinois Vehicle Code or a similar provision of a local

ordinance or any similar law or ordinance of another state;

or

(2) assigned supervision for a violation of Section

11-601.5 of the Illinois Vehicle Code or a similar

provision of a local ordinance or any similar law or

ordinance of another state.

(q) The provisions of paragraph (c) shall not apply to a

defendant charged with violating subsection (b) of Section

11-601 or Section 11-601.5 of the Illinois Vehicle Code when

the defendant was operating a vehicle, in an urban district, at

a speed that is 26 miles per hour or more in excess of the

applicable maximum speed limit established under Chapter 11 of

the Illinois Vehicle Code.

(r) The provisions of paragraph (c) shall not apply to a

defendant charged with violating any provision of the Illinois

Vehicle Code or a similar provision of a local ordinance if the

violation was the proximate cause of the death of another and

the defendant's driving abstract contains a prior conviction or

disposition of court supervision for any violation of the

Illinois Vehicle Code, other than an equipment violation, or a

suspension, revocation, or cancellation of the driver's

license.

(s) The provisions of paragraph (c) shall not apply to a

defendant charged with violating subsection (i) of Section 70

of the Firearm Concealed Carry Act.

(Source: P.A. 98-169, eff. 1-1-14; 98-658, eff. 6-23-14;

98-899, eff. 8-15-14; 99-78, eff. 7-20-15; 99-212, eff.

1-1-16.)

(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)

Sec. 5-6-3. Conditions of probation and of conditional

discharge.

(a) The conditions of probation and of conditional

discharge shall be that the person:

(1) not violate any criminal statute of any

jurisdiction;

(2) report to or appear in person before such person or

agency as directed by the court;

(3) refrain from possessing a firearm or other

dangerous weapon where the offense is a felony or, if a

misdemeanor, the offense involved the intentional or

knowing infliction of bodily harm or threat of bodily harm;

(4) not leave the State without the consent of the

court or, in circumstances in which the reason for the

absence is of such an emergency nature that prior consent

by the court is not possible, without the prior

notification and approval of the person's probation

officer. Transfer of a person's probation or conditional

discharge supervision to another state is subject to

acceptance by the other state pursuant to the Interstate

Compact for Adult Offender Supervision;

(5) permit the probation officer to visit him at his

home or elsewhere to the extent necessary to discharge his

duties;

(6) perform no less than 30 hours of community service

and not more than 120 hours of community service, if

community service is available in the jurisdiction and is

funded and approved by the county board where the offense

was committed, where the offense was related to or in

furtherance of the criminal activities of an organized gang

and was motivated by the offender's membership in or

allegiance to an organized gang. The community service

shall include, but not be limited to, the cleanup and

repair of any damage caused by a violation of Section

21-1.3 of the Criminal Code of 1961 or the Criminal Code of

2012 and similar damage to property located within the

municipality or county in which the violation occurred.

When possible and reasonable, the community service should

be performed in the offender's neighborhood. For purposes

of this Section, "organized gang" has the meaning ascribed

to it in Section 10 of the Illinois Streetgang Terrorism

Omnibus Prevention Act. The court may give credit toward

the fulfillment of community service hours for

participation in activities and treatment as determined by

court services;

(7) if he or she is at least 17 years of age and has

been sentenced to probation or conditional discharge for a

misdemeanor or felony in a county of 3,000,000 or more

inhabitants and has not been previously convicted of a

misdemeanor or felony, may be required by the sentencing

court to attend educational courses designed to prepare the

defendant for a high school diploma and to work toward a

high school diploma or to work toward passing high school

equivalency testing or to work toward completing a

vocational training program approved by the court. The

person on probation or conditional discharge must attend a

public institution of education to obtain the educational

or vocational training required by this paragraph (7). The

court shall revoke the probation or conditional discharge

of a person who wilfully fails to comply with this

paragraph (7). The person on probation or conditional

discharge shall be required to pay for the cost of the

educational courses or high school equivalency testing if a

fee is charged for those courses or testing. The court

shall resentence the offender whose probation or

conditional discharge has been revoked as provided in

Section 5-6-4. This paragraph (7) does not apply to a

person who has a high school diploma or has successfully

passed high school equivalency testing. This paragraph (7)

does not apply to a person who is determined by the court

to be a person with a developmental disability or otherwise

mentally incapable of completing the educational or

vocational program;

(8) if convicted of possession of a substance

prohibited by the Cannabis Control Act, the Illinois

Controlled Substances Act, or the Methamphetamine Control

and Community Protection Act after a previous conviction or

disposition of supervision for possession of a substance

prohibited by the Cannabis Control Act or Illinois

Controlled Substances Act or after a sentence of probation

under Section 10 of the Cannabis Control Act, Section 410

of the Illinois Controlled Substances Act, or Section 70 of

the Methamphetamine Control and Community Protection Act

and upon a finding by the court that the person is

addicted, undergo treatment at a substance abuse program

approved by the court;

(8.5) if convicted of a felony sex offense as defined

in the Sex Offender Management Board Act, the person shall

undergo and successfully complete sex offender treatment

by a treatment provider approved by the Board and conducted

in conformance with the standards developed under the Sex

Offender Management Board Act;

(8.6) if convicted of a sex offense as defined in the

Sex Offender Management Board Act, refrain from residing at

the same address or in the same condominium unit or

apartment unit or in the same condominium complex or

apartment complex with another person he or she knows or

reasonably should know is a convicted sex offender or has

been placed on supervision for a sex offense; the

provisions of this paragraph do not apply to a person

convicted of a sex offense who is placed in a Department of

Corrections licensed transitional housing facility for sex

offenders;

(8.7) if convicted for an offense committed on or after

June 1, 2008 (the effective date of Public Act 95-464) that

would qualify the accused as a child sex offender as

defined in Section 11-9.3 or 11-9.4 of the Criminal Code of

1961 or the Criminal Code of 2012, refrain from

communicating with or contacting, by means of the Internet,

a person who is not related to the accused and whom the

accused reasonably believes to be under 18 years of age;

for purposes of this paragraph (8.7), "Internet" has the

meaning ascribed to it in Section 16-0.1 of the Criminal

Code of 2012; and a person is not related to the accused if

the person is not: (i) the spouse, brother, or sister of

the accused; (ii) a descendant of the accused; (iii) a

first or second cousin of the accused; or (iv) a step-child

or adopted child of the accused;

(8.8) if convicted for an offense under Section 11-6,

11-9.1, 11-14.4 that involves soliciting for a juvenile

prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21

of the Criminal Code of 1961 or the Criminal Code of 2012,

or any attempt to commit any of these offenses, committed

on or after June 1, 2009 (the effective date of Public Act

95-983):

(i) not access or use a computer or any other

device with Internet capability without the prior

written approval of the offender's probation officer,

except in connection with the offender's employment or

search for employment with the prior approval of the

offender's probation officer;

(ii) submit to periodic unannounced examinations

of the offender's computer or any other device with

Internet capability by the offender's probation

officer, a law enforcement officer, or assigned

computer or information technology specialist,

including the retrieval and copying of all data from

the computer or device and any internal or external

peripherals and removal of such information,

equipment, or device to conduct a more thorough

inspection;

(iii) submit to the installation on the offender's

computer or device with Internet capability, at the

offender's expense, of one or more hardware or software

systems to monitor the Internet use; and

(iv) submit to any other appropriate restrictions

concerning the offender's use of or access to a

computer or any other device with Internet capability

imposed by the offender's probation officer;

(8.9) if convicted of a sex offense as defined in the

Sex Offender Registration Act committed on or after January

1, 2010 (the effective date of Public Act 96-262), refrain

from accessing or using a social networking website as

defined in Section 17-0.5 of the Criminal Code of 2012;

(9) if convicted of a felony or of any misdemeanor

violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or

12-3.5 of the Criminal Code of 1961 or the Criminal Code of

2012 that was determined, pursuant to Section 112A-11.1 of

the Code of Criminal Procedure of 1963, to trigger the

prohibitions of 18 U.S.C. 922(g)(9), physically surrender

at a time and place designated by the court, his or her

Firearm Owner's Identification Card and any and all

firearms in his or her possession. The Court shall return

to the Department of State Police Firearm Owner's

Identification Card Office the person's Firearm Owner's

Identification Card;

(10) if convicted of a sex offense as defined in

subsection (a-5) of Section 3-1-2 of this Code, unless the

offender is a parent or guardian of the person under 18

years of age present in the home and no non-familial minors

are present, not participate in a holiday event involving

children under 18 years of age, such as distributing candy

or other items to children on Halloween, wearing a Santa

Claus costume on or preceding Christmas, being employed as

a department store Santa Claus, or wearing an Easter Bunny

costume on or preceding Easter;

(11) if convicted of a sex offense as defined in

Section 2 of the Sex Offender Registration Act committed on

or after January 1, 2010 (the effective date of Public Act

96-362) that requires the person to register as a sex

offender under that Act, may not knowingly use any computer

scrub software on any computer that the sex offender uses;

(12) if convicted of a violation of the Methamphetamine

Control and Community Protection Act, the Methamphetamine

Precursor Control Act, or a methamphetamine related

offense:

(A) prohibited from purchasing, possessing, or

having under his or her control any product containing

pseudoephedrine unless prescribed by a physician; and

(B) prohibited from purchasing, possessing, or

having under his or her control any product containing

ammonium nitrate; and

(13) if convicted of a hate crime involving the

protected class identified in subsection (a) of Section

12-7.1 of the Criminal Code of 2012 that gave rise to the

offense the offender committed, perform public or

community service of no less than 200 hours and enroll in

an educational program discouraging hate crimes that

includes racial, ethnic, and cultural sensitivity training

ordered by the court.

(b) The Court may in addition to other reasonable

conditions relating to the nature of the offense or the

rehabilitation of the defendant as determined for each

defendant in the proper discretion of the Court require that

the person:

(1) serve a term of periodic imprisonment under Article

7 for a period not to exceed that specified in paragraph

(d) of Section 5-7-1;

(2) pay a fine and costs;

(3) work or pursue a course of study or vocational

training;

(4) undergo medical, psychological or psychiatric

treatment; or treatment for drug addiction or alcoholism;

(5) attend or reside in a facility established for the

instruction or residence of defendants on probation;

(6) support his dependents;

(7) and in addition, if a minor:

(i) reside with his parents or in a foster home;

(ii) attend school;

(iii) attend a non-residential program for youth;

(iv) contribute to his own support at home or in a

foster home;

(v) with the consent of the superintendent of the

facility, attend an educational program at a facility

other than the school in which the offense was

committed if he or she is convicted of a crime of

violence as defined in Section 2 of the Crime Victims

Compensation Act committed in a school, on the real

property comprising a school, or within 1,000 feet of

the real property comprising a school;

(8) make restitution as provided in Section 5-5-6 of

this Code;

(9) perform some reasonable public or community

service;

(10) serve a term of home confinement. In addition to

any other applicable condition of probation or conditional

discharge, the conditions of home confinement shall be that

the offender:

(i) remain within the interior premises of the

place designated for his confinement during the hours

designated by the court;

(ii) admit any person or agent designated by the

court into the offender's place of confinement at any

time for purposes of verifying the offender's

compliance with the conditions of his confinement; and

(iii) if further deemed necessary by the court or

the Probation or Court Services Department, be placed

on an approved electronic monitoring device, subject

to Article 8A of Chapter V;

(iv) for persons convicted of any alcohol,

cannabis or controlled substance violation who are

placed on an approved monitoring device as a condition

of probation or conditional discharge, the court shall

impose a reasonable fee for each day of the use of the

device, as established by the county board in

subsection (g) of this Section, unless after

determining the inability of the offender to pay the

fee, the court assesses a lesser fee or no fee as the

case may be. This fee shall be imposed in addition to

the fees imposed under subsections (g) and (i) of this

Section. The fee shall be collected by the clerk of the

circuit court, except as provided in an administrative

order of the Chief Judge of the circuit court. The

clerk of the circuit court shall pay all monies

collected from this fee to the county treasurer for

deposit in the substance abuse services fund under

Section 5-1086.1 of the Counties Code, except as

provided in an administrative order of the Chief Judge

of the circuit court.

The Chief Judge of the circuit court of the county

may by administrative order establish a program for

electronic monitoring of offenders, in which a vendor

supplies and monitors the operation of the electronic

monitoring device, and collects the fees on behalf of

the county. The program shall include provisions for

indigent offenders and the collection of unpaid fees.

The program shall not unduly burden the offender and

shall be subject to review by the Chief Judge.

The Chief Judge of the circuit court may suspend

any additional charges or fees for late payment,

interest, or damage to any device; and

(v) for persons convicted of offenses other than

those referenced in clause (iv) above and who are

placed on an approved monitoring device as a condition

of probation or conditional discharge, the court shall

impose a reasonable fee for each day of the use of the

device, as established by the county board in

subsection (g) of this Section, unless after

determining the inability of the defendant to pay the

fee, the court assesses a lesser fee or no fee as the

case may be. This fee shall be imposed in addition to

the fees imposed under subsections (g) and (i) of this

Section. The fee shall be collected by the clerk of the

circuit court, except as provided in an administrative

order of the Chief Judge of the circuit court. The

clerk of the circuit court shall pay all monies

collected from this fee to the county treasurer who

shall use the monies collected to defray the costs of

corrections. The county treasurer shall deposit the

fee collected in the probation and court services fund.

The Chief Judge of the circuit court of the county may

by administrative order establish a program for

electronic monitoring of offenders, in which a vendor

supplies and monitors the operation of the electronic

monitoring device, and collects the fees on behalf of

the county. The program shall include provisions for

indigent offenders and the collection of unpaid fees.

The program shall not unduly burden the offender and

shall be subject to review by the Chief Judge.

The Chief Judge of the circuit court may suspend

any additional charges or fees for late payment,

interest, or damage to any device.

(11) comply with the terms and conditions of an order

of protection issued by the court pursuant to the Illinois

Domestic Violence Act of 1986, as now or hereafter amended,

or an order of protection issued by the court of another

state, tribe, or United States territory. A copy of the

order of protection shall be transmitted to the probation

officer or agency having responsibility for the case;

(12) reimburse any "local anti-crime program" as

defined in Section 7 of the Anti-Crime Advisory Council Act

for any reasonable expenses incurred by the program on the

offender's case, not to exceed the maximum amount of the

fine authorized for the offense for which the defendant was

sentenced;

(13) contribute a reasonable sum of money, not to

exceed the maximum amount of the fine authorized for the

offense for which the defendant was sentenced, (i) to a

"local anti-crime program", as defined in Section 7 of the

Anti-Crime Advisory Council Act, or (ii) for offenses under

the jurisdiction of the Department of Natural Resources, to

the fund established by the Department of Natural Resources

for the purchase of evidence for investigation purposes and

to conduct investigations as outlined in Section 805-105 of

the Department of Natural Resources (Conservation) Law;

(14) refrain from entering into a designated

geographic area except upon such terms as the court finds

appropriate. Such terms may include consideration of the

purpose of the entry, the time of day, other persons

accompanying the defendant, and advance approval by a

probation officer, if the defendant has been placed on

probation or advance approval by the court, if the

defendant was placed on conditional discharge;

(15) refrain from having any contact, directly or

indirectly, with certain specified persons or particular

types of persons, including but not limited to members of

street gangs and drug users or dealers;

(16) refrain from having in his or her body the

presence of any illicit drug prohibited by the Cannabis

Control Act, the Illinois Controlled Substances Act, or the

Methamphetamine Control and Community Protection Act,

unless prescribed by a physician, and submit samples of his

or her blood or urine or both for tests to determine the

presence of any illicit drug;

(17) if convicted for an offense committed on or after

June 1, 2008 (the effective date of Public Act 95-464) that

would qualify the accused as a child sex offender as

defined in Section 11-9.3 or 11-9.4 of the Criminal Code of

1961 or the Criminal Code of 2012, refrain from

communicating with or contacting, by means of the Internet,

a person who is related to the accused and whom the accused

reasonably believes to be under 18 years of age; for

purposes of this paragraph (17), "Internet" has the meaning

ascribed to it in Section 16-0.1 of the Criminal Code of

2012; and a person is related to the accused if the person

is: (i) the spouse, brother, or sister of the accused; (ii)

a descendant of the accused; (iii) a first or second cousin

of the accused; or (iv) a step-child or adopted child of

the accused;

(18) if convicted for an offense committed on or after

June 1, 2009 (the effective date of Public Act 95-983) that

would qualify as a sex offense as defined in the Sex

Offender Registration Act:

(i) not access or use a computer or any other

device with Internet capability without the prior

written approval of the offender's probation officer,

except in connection with the offender's employment or

search for employment with the prior approval of the

offender's probation officer;

(ii) submit to periodic unannounced examinations

of the offender's computer or any other device with

Internet capability by the offender's probation

officer, a law enforcement officer, or assigned

computer or information technology specialist,

including the retrieval and copying of all data from

the computer or device and any internal or external

peripherals and removal of such information,

equipment, or device to conduct a more thorough

inspection;

(iii) submit to the installation on the offender's

computer or device with Internet capability, at the

subject's expense, of one or more hardware or software

systems to monitor the Internet use; and

(iv) submit to any other appropriate restrictions

concerning the offender's use of or access to a

computer or any other device with Internet capability

imposed by the offender's probation officer; and

(19) refrain from possessing a firearm or other

dangerous weapon where the offense is a misdemeanor that

did not involve the intentional or knowing infliction of

bodily harm or threat of bodily harm.

(c) The court may as a condition of probation or of

conditional discharge require that a person under 18 years of

age found guilty of any alcohol, cannabis or controlled

substance violation, refrain from acquiring a driver's license

during the period of probation or conditional discharge. If

such person is in possession of a permit or license, the court

may require that the minor refrain from driving or operating

any motor vehicle during the period of probation or conditional

discharge, except as may be necessary in the course of the

minor's lawful employment.

(d) An offender sentenced to probation or to conditional

discharge shall be given a certificate setting forth the

conditions thereof.

(e) Except where the offender has committed a fourth or

subsequent violation of subsection (c) of Section 6-303 of the

Illinois Vehicle Code, the court shall not require as a

condition of the sentence of probation or conditional discharge

that the offender be committed to a period of imprisonment in

excess of 6 months. This 6-month limit shall not include

periods of confinement given pursuant to a sentence of county

impact incarceration under Section 5-8-1.2.

Persons committed to imprisonment as a condition of

probation or conditional discharge shall not be committed to

the Department of Corrections.

(f) The court may combine a sentence of periodic

imprisonment under Article 7 or a sentence to a county impact

incarceration program under Article 8 with a sentence of

probation or conditional discharge.

(g) An offender sentenced to probation or to conditional

discharge and who during the term of either undergoes mandatory

drug or alcohol testing, or both, or is assigned to be placed

on an approved electronic monitoring device, shall be ordered

to pay all costs incidental to such mandatory drug or alcohol

testing, or both, and all costs incidental to such approved

electronic monitoring in accordance with the defendant's

ability to pay those costs. The county board with the

concurrence of the Chief Judge of the judicial circuit in which

the county is located shall establish reasonable fees for the

cost of maintenance, testing, and incidental expenses related

to the mandatory drug or alcohol testing, or both, and all

costs incidental to approved electronic monitoring, involved

in a successful probation program for the county. The

concurrence of the Chief Judge shall be in the form of an

administrative order. The fees shall be collected by the clerk

of the circuit court, except as provided in an administrative

order of the Chief Judge of the circuit court. The clerk of the

circuit court shall pay all moneys collected from these fees to

the county treasurer who shall use the moneys collected to

defray the costs of drug testing, alcohol testing, and

electronic monitoring. The county treasurer shall deposit the

fees collected in the county working cash fund under Section

6-27001 or Section 6-29002 of the Counties Code, as the case

may be. The Chief Judge of the circuit court of the county may

by administrative order establish a program for electronic

monitoring of offenders, in which a vendor supplies and

monitors the operation of the electronic monitoring device, and

collects the fees on behalf of the county. The program shall

include provisions for indigent offenders and the collection of

unpaid fees. The program shall not unduly burden the offender

and shall be subject to review by the Chief Judge.

The Chief Judge of the circuit court may suspend any

additional charges or fees for late payment, interest, or

damage to any device.

(h) Jurisdiction over an offender may be transferred from

the sentencing court to the court of another circuit with the

concurrence of both courts. Further transfers or retransfers of

jurisdiction are also authorized in the same manner. The court

to which jurisdiction has been transferred shall have the same

powers as the sentencing court. The probation department within

the circuit to which jurisdiction has been transferred, or

which has agreed to provide supervision, may impose probation

fees upon receiving the transferred offender, as provided in

subsection (i). For all transfer cases, as defined in Section

9b of the Probation and Probation Officers Act, the probation

department from the original sentencing court shall retain all

probation fees collected prior to the transfer. After the

transfer, all probation fees shall be paid to the probation

department within the circuit to which jurisdiction has been

transferred.

(i) The court shall impose upon an offender sentenced to

probation after January 1, 1989 or to conditional discharge

after January 1, 1992 or to community service under the

supervision of a probation or court services department after

January 1, 2004, as a condition of such probation or

conditional discharge or supervised community service, a fee of

$50 for each month of probation or conditional discharge

supervision or supervised community service ordered by the

court, unless after determining the inability of the person

sentenced to probation or conditional discharge or supervised

community service to pay the fee, the court assesses a lesser

fee. The court may not impose the fee on a minor who is placed

in the guardianship or custody of the Department of Children

and Family Services under the Juvenile Court Act of 1987 while

the minor is in placement. The fee shall be imposed only upon

an offender who is actively supervised by the probation and

court services department. The fee shall be collected by the

clerk of the circuit court. The clerk of the circuit court

shall pay all monies collected from this fee to the county

treasurer for deposit in the probation and court services fund

under Section 15.1 of the Probation and Probation Officers Act.

A circuit court may not impose a probation fee under this

subsection (i) in excess of $25 per month unless the circuit

court has adopted, by administrative order issued by the chief

judge, a standard probation fee guide determining an offender's

ability to pay Of the amount collected as a probation fee, up

to $5 of that fee collected per month may be used to provide

services to crime victims and their families.

The Court may only waive probation fees based on an

offender's ability to pay. The probation department may

re-evaluate an offender's ability to pay every 6 months, and,

with the approval of the Director of Court Services or the

Chief Probation Officer, adjust the monthly fee amount. An

offender may elect to pay probation fees due in a lump sum. Any

offender that has been assigned to the supervision of a

probation department, or has been transferred either under

subsection (h) of this Section or under any interstate compact,

shall be required to pay probation fees to the department

supervising the offender, based on the offender's ability to

pay.

Public Act 93-970 deletes the $10 increase in the fee under

this subsection that was imposed by Public Act 93-616. This

deletion is intended to control over any other Act of the 93rd

General Assembly that retains or incorporates that fee

increase.

(i-5) In addition to the fees imposed under subsection (i)

of this Section, in the case of an offender convicted of a

felony sex offense (as defined in the Sex Offender Management

Board Act) or an offense that the court or probation department

has determined to be sexually motivated (as defined in the Sex

Offender Management Board Act), the court or the probation

department shall assess additional fees to pay for all costs of

treatment, assessment, evaluation for risk and treatment, and

monitoring the offender, based on that offender's ability to

pay those costs either as they occur or under a payment plan.

(j) All fines and costs imposed under this Section for any

violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle

Code, or a similar provision of a local ordinance, and any

violation of the Child Passenger Protection Act, or a similar

provision of a local ordinance, shall be collected and

disbursed by the circuit clerk as provided under the Criminal

and Traffic Assessment Act Section 27.5 of the Clerks of Courts

Act.

(k) Any offender who is sentenced to probation or

conditional discharge for a felony sex offense as defined in

the Sex Offender Management Board Act or any offense that the

court or probation department has determined to be sexually

motivated as defined in the Sex Offender Management Board Act

shall be required to refrain from any contact, directly or

indirectly, with any persons specified by the court and shall

be available for all evaluations and treatment programs

required by the court or the probation department.

(l) The court may order an offender who is sentenced to

probation or conditional discharge for a violation of an order

of protection be placed under electronic surveillance as

provided in Section 5-8A-7 of this Code.

(Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16;

100-159, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff.

1-8-18.)

(730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)

Sec. 5-6-3.1. Incidents and conditions of supervision.

(a) When a defendant is placed on supervision, the court

shall enter an order for supervision specifying the period of

such supervision, and shall defer further proceedings in the

case until the conclusion of the period.

(b) The period of supervision shall be reasonable under all

of the circumstances of the case, but may not be longer than 2

years, unless the defendant has failed to pay the assessment

required by Section 10.3 of the Cannabis Control Act, Section

411.2 of the Illinois Controlled Substances Act, or Section 80

of the Methamphetamine Control and Community Protection Act, in

which case the court may extend supervision beyond 2 years.

Additionally, the court shall order the defendant to perform no

less than 30 hours of community service and not more than 120

hours of community service, if community service is available

in the jurisdiction and is funded and approved by the county

board where the offense was committed, when the offense (1) was

related to or in furtherance of the criminal activities of an

organized gang or was motivated by the defendant's membership

in or allegiance to an organized gang; or (2) is a violation of

any Section of Article 24 of the Criminal Code of 1961 or the

Criminal Code of 2012 where a disposition of supervision is not

prohibited by Section 5-6-1 of this Code. The community service

shall include, but not be limited to, the cleanup and repair of

any damage caused by violation of Section 21-1.3 of the

Criminal Code of 1961 or the Criminal Code of 2012 and similar

damages to property located within the municipality or county

in which the violation occurred. Where possible and reasonable,

the community service should be performed in the offender's

neighborhood.

For the purposes of this Section, "organized gang" has the

meaning ascribed to it in Section 10 of the Illinois Streetgang

Terrorism Omnibus Prevention Act.

(c) The court may in addition to other reasonable

conditions relating to the nature of the offense or the

rehabilitation of the defendant as determined for each

defendant in the proper discretion of the court require that

the person:

(1) make a report to and appear in person before or

participate with the court or such courts, person, or

social service agency as directed by the court in the order

of supervision;

(2) pay a fine and costs;

(3) work or pursue a course of study or vocational

training;

(4) undergo medical, psychological or psychiatric

treatment; or treatment for drug addiction or alcoholism;

(5) attend or reside in a facility established for the

instruction or residence of defendants on probation;

(6) support his dependents;

(7) refrain from possessing a firearm or other

dangerous weapon;

(8) and in addition, if a minor:

(i) reside with his parents or in a foster home;

(ii) attend school;

(iii) attend a non-residential program for youth;

(iv) contribute to his own support at home or in a

foster home; or

(v) with the consent of the superintendent of the

facility, attend an educational program at a facility

other than the school in which the offense was

committed if he or she is placed on supervision for a

crime of violence as defined in Section 2 of the Crime

Victims Compensation Act committed in a school, on the

real property comprising a school, or within 1,000 feet

of the real property comprising a school;

(9) make restitution or reparation in an amount not to

exceed actual loss or damage to property and pecuniary loss

or make restitution under Section 5-5-6 to a domestic

violence shelter. The court shall determine the amount and

conditions of payment;

(10) perform some reasonable public or community

service;

(11) comply with the terms and conditions of an order

of protection issued by the court pursuant to the Illinois

Domestic Violence Act of 1986 or an order of protection

issued by the court of another state, tribe, or United

States territory. If the court has ordered the defendant to

make a report and appear in person under paragraph (1) of

this subsection, a copy of the order of protection shall be

transmitted to the person or agency so designated by the

court;

(12) reimburse any "local anti-crime program" as

defined in Section 7 of the Anti-Crime Advisory Council Act

for any reasonable expenses incurred by the program on the

offender's case, not to exceed the maximum amount of the

fine authorized for the offense for which the defendant was

sentenced;

(13) contribute a reasonable sum of money, not to

exceed the maximum amount of the fine authorized for the

offense for which the defendant was sentenced, (i) to a

"local anti-crime program", as defined in Section 7 of the

Anti-Crime Advisory Council Act, or (ii) for offenses under

the jurisdiction of the Department of Natural Resources, to

the fund established by the Department of Natural Resources

for the purchase of evidence for investigation purposes and

to conduct investigations as outlined in Section 805-105 of

the Department of Natural Resources (Conservation) Law;

(14) refrain from entering into a designated

geographic area except upon such terms as the court finds

appropriate. Such terms may include consideration of the

purpose of the entry, the time of day, other persons

accompanying the defendant, and advance approval by a

probation officer;

(15) refrain from having any contact, directly or

indirectly, with certain specified persons or particular

types of person, including but not limited to members of

street gangs and drug users or dealers;

(16) refrain from having in his or her body the

presence of any illicit drug prohibited by the Cannabis

Control Act, the Illinois Controlled Substances Act, or the

Methamphetamine Control and Community Protection Act,

unless prescribed by a physician, and submit samples of his

or her blood or urine or both for tests to determine the

presence of any illicit drug;

(17) refrain from operating any motor vehicle not

equipped with an ignition interlock device as defined in

Section 1-129.1 of the Illinois Vehicle Code; under this

condition the court may allow a defendant who is not

self-employed to operate a vehicle owned by the defendant's

employer that is not equipped with an ignition interlock

device in the course and scope of the defendant's

employment; and

(18) if placed on supervision for a sex offense as

defined in subsection (a-5) of Section 3-1-2 of this Code,

unless the offender is a parent or guardian of the person

under 18 years of age present in the home and no

non-familial minors are present, not participate in a

holiday event involving children under 18 years of age,

such as distributing candy or other items to children on

Halloween, wearing a Santa Claus costume on or preceding

Christmas, being employed as a department store Santa

Claus, or wearing an Easter Bunny costume on or preceding

Easter.

(c-5) If payment of restitution as ordered has not been

made, the victim shall file a petition notifying the sentencing

court, any other person to whom restitution is owed, and the

State's Attorney of the status of the ordered restitution

payments unpaid at least 90 days before the supervision

expiration date. If payment as ordered has not been made, the

court shall hold a review hearing prior to the expiration date,

unless the hearing is voluntarily waived by the defendant with

the knowledge that waiver may result in an extension of the

supervision period or in a revocation of supervision. If the

court does not extend supervision, it shall issue a judgment

for the unpaid restitution and direct the clerk of the circuit

court to file and enter the judgment in the judgment and lien

docket, without fee, unless it finds that the victim has

recovered a judgment against the defendant for the amount

covered by the restitution order. If the court issues a

judgment for the unpaid restitution, the court shall send to

the defendant at his or her last known address written

notification that a civil judgment has been issued for the

unpaid restitution.

(d) The court shall defer entering any judgment on the

charges until the conclusion of the supervision.

(e) At the conclusion of the period of supervision, if the

court determines that the defendant has successfully complied

with all of the conditions of supervision, the court shall

discharge the defendant and enter a judgment dismissing the

charges.

(f) Discharge and dismissal upon a successful conclusion of

a disposition of supervision shall be deemed without

adjudication of guilt and shall not be termed a conviction for

purposes of disqualification or disabilities imposed by law

upon conviction of a crime. Two years after the discharge and

dismissal under this Section, unless the disposition of

supervision was for a violation of Sections 3-707, 3-708,

3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a

similar provision of a local ordinance, or for a violation of

Sections 12-3.2, 16-25, or 16A-3 of the Criminal Code of 1961

or the Criminal Code of 2012, in which case it shall be 5 years

after discharge and dismissal, a person may have his record of

arrest sealed or expunged as may be provided by law. However,

any defendant placed on supervision before January 1, 1980, may

move for sealing or expungement of his arrest record, as

provided by law, at any time after discharge and dismissal

under this Section. A person placed on supervision for a sexual

offense committed against a minor as defined in clause

(a)(1)(L) of Section 5.2 of the Criminal Identification Act or

for a violation of Section 11-501 of the Illinois Vehicle Code

or a similar provision of a local ordinance shall not have his

or her record of arrest sealed or expunged.

(g) A defendant placed on supervision and who during the

period of supervision undergoes mandatory drug or alcohol

testing, or both, or is assigned to be placed on an approved

electronic monitoring device, shall be ordered to pay the costs

incidental to such mandatory drug or alcohol testing, or both,

and costs incidental to such approved electronic monitoring in

accordance with the defendant's ability to pay those costs. The

county board with the concurrence of the Chief Judge of the

judicial circuit in which the county is located shall establish

reasonable fees for the cost of maintenance, testing, and

incidental expenses related to the mandatory drug or alcohol

testing, or both, and all costs incidental to approved

electronic monitoring, of all defendants placed on

supervision. The concurrence of the Chief Judge shall be in the

form of an administrative order. The fees shall be collected by

the clerk of the circuit court, except as provided in an

administrative order of the Chief Judge of the circuit court.

The clerk of the circuit court shall pay all moneys collected

from these fees to the county treasurer who shall use the

moneys collected to defray the costs of drug testing, alcohol

testing, and electronic monitoring. The county treasurer shall

deposit the fees collected in the county working cash fund

under Section 6-27001 or Section 6-29002 of the Counties Code,

as the case may be.

The Chief Judge of the circuit court of the county may by

administrative order establish a program for electronic

monitoring of offenders, in which a vendor supplies and

monitors the operation of the electronic monitoring device, and

collects the fees on behalf of the county. The program shall

include provisions for indigent offenders and the collection of

unpaid fees. The program shall not unduly burden the offender

and shall be subject to review by the Chief Judge.

The Chief Judge of the circuit court may suspend any

additional charges or fees for late payment, interest, or

damage to any device.

(h) A disposition of supervision is a final order for the

purposes of appeal.

(i) The court shall impose upon a defendant placed on

supervision after January 1, 1992 or to community service under

the supervision of a probation or court services department

after January 1, 2004, as a condition of supervision or

supervised community service, a fee of $50 for each month of

supervision or supervised community service ordered by the

court, unless after determining the inability of the person

placed on supervision or supervised community service to pay

the fee, the court assesses a lesser fee. The court may not

impose the fee on a minor who is placed in the guardianship or

custody of the Department of Children and Family Services under

the Juvenile Court Act of 1987 while the minor is in placement.

The fee shall be imposed only upon a defendant who is actively

supervised by the probation and court services department. The

fee shall be collected by the clerk of the circuit court. The

clerk of the circuit court shall pay all monies collected from

this fee to the county treasurer for deposit in the probation

and court services fund pursuant to Section 15.1 of the

Probation and Probation Officers Act.

A circuit court may not impose a probation fee in excess of

$25 per month unless the circuit court has adopted, by

administrative order issued by the chief judge, a standard

probation fee guide determining an offender's ability to pay.

Of the amount collected as a probation fee, not to exceed $5 of

that fee collected per month may be used to provide services to

crime victims and their families.

The Court may only waive probation fees based on an

offender's ability to pay. The probation department may

re-evaluate an offender's ability to pay every 6 months, and,

with the approval of the Director of Court Services or the

Chief Probation Officer, adjust the monthly fee amount. An

offender may elect to pay probation fees due in a lump sum. Any

offender that has been assigned to the supervision of a

probation department, or has been transferred either under

subsection (h) of this Section or under any interstate compact,

shall be required to pay probation fees to the department

supervising the offender, based on the offender's ability to

pay.

(j) All fines and costs imposed under this Section for any

violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle

Code, or a similar provision of a local ordinance, and any

violation of the Child Passenger Protection Act, or a similar

provision of a local ordinance, shall be collected and

disbursed by the circuit clerk as provided under the Criminal

and Traffic Assessment Act Section 27.5 of the Clerks of Courts

Act.

(k) A defendant at least 17 years of age who is placed on

supervision for a misdemeanor in a county of 3,000,000 or more

inhabitants and who has not been previously convicted of a

misdemeanor or felony may as a condition of his or her

supervision be required by the court to attend educational

courses designed to prepare the defendant for a high school

diploma and to work toward a high school diploma or to work

toward passing high school equivalency testing or to work

toward completing a vocational training program approved by the

court. The defendant placed on supervision must attend a public

institution of education to obtain the educational or

vocational training required by this subsection (k). The

defendant placed on supervision shall be required to pay for

the cost of the educational courses or high school equivalency

testing if a fee is charged for those courses or testing. The

court shall revoke the supervision of a person who wilfully

fails to comply with this subsection (k). The court shall

resentence the defendant upon revocation of supervision as

provided in Section 5-6-4. This subsection (k) does not apply

to a defendant who has a high school diploma or has

successfully passed high school equivalency testing. This

subsection (k) does not apply to a defendant who is determined

by the court to be a person with a developmental disability or

otherwise mentally incapable of completing the educational or

vocational program.

(l) The court shall require a defendant placed on

supervision for possession of a substance prohibited by the

Cannabis Control Act, the Illinois Controlled Substances Act,

or the Methamphetamine Control and Community Protection Act

after a previous conviction or disposition of supervision for

possession of a substance prohibited by the Cannabis Control

Act, the Illinois Controlled Substances Act, or the

Methamphetamine Control and Community Protection Act or a

sentence of probation under Section 10 of the Cannabis Control

Act or Section 410 of the Illinois Controlled Substances Act

and after a finding by the court that the person is addicted,

to undergo treatment at a substance abuse program approved by

the court.

(m) The Secretary of State shall require anyone placed on

court supervision for a violation of Section 3-707 of the

Illinois Vehicle Code or a similar provision of a local

ordinance to give proof of his or her financial responsibility

as defined in Section 7-315 of the Illinois Vehicle Code. The

proof shall be maintained by the individual in a manner

satisfactory to the Secretary of State for a minimum period of

3 years after the date the proof is first filed. The proof

shall be limited to a single action per arrest and may not be

affected by any post-sentence disposition. The Secretary of

State shall suspend the driver's license of any person

determined by the Secretary to be in violation of this

subsection.

(n) Any offender placed on supervision for any offense that

the court or probation department has determined to be sexually

motivated as defined in the Sex Offender Management Board Act

shall be required to refrain from any contact, directly or

indirectly, with any persons specified by the court and shall

be available for all evaluations and treatment programs

required by the court or the probation department.

(o) An offender placed on supervision for a sex offense as

defined in the Sex Offender Management Board Act shall refrain

from residing at the same address or in the same condominium

unit or apartment unit or in the same condominium complex or

apartment complex with another person he or she knows or

reasonably should know is a convicted sex offender or has been

placed on supervision for a sex offense. The provisions of this

subsection (o) do not apply to a person convicted of a sex

offense who is placed in a Department of Corrections licensed

transitional housing facility for sex offenders.

(p) An offender placed on supervision for an offense

committed on or after June 1, 2008 (the effective date of

Public Act 95-464) that would qualify the accused as a child

sex offender as defined in Section 11-9.3 or 11-9.4 of the

Criminal Code of 1961 or the Criminal Code of 2012 shall

refrain from communicating with or contacting, by means of the

Internet, a person who is not related to the accused and whom

the accused reasonably believes to be under 18 years of age.

For purposes of this subsection (p), "Internet" has the meaning

ascribed to it in Section 16-0.1 of the Criminal Code of 2012;

and a person is not related to the accused if the person is

not: (i) the spouse, brother, or sister of the accused; (ii) a

descendant of the accused; (iii) a first or second cousin of

the accused; or (iv) a step-child or adopted child of the

accused.

(q) An offender placed on supervision for an offense

committed on or after June 1, 2008 (the effective date of

Public Act 95-464) that would qualify the accused as a child

sex offender as defined in Section 11-9.3 or 11-9.4 of the

Criminal Code of 1961 or the Criminal Code of 2012 shall, if so

ordered by the court, refrain from communicating with or

contacting, by means of the Internet, a person who is related

to the accused and whom the accused reasonably believes to be

under 18 years of age. For purposes of this subsection (q),

"Internet" has the meaning ascribed to it in Section 16-0.1 of

the Criminal Code of 2012; and a person is related to the

accused if the person is: (i) the spouse, brother, or sister of

the accused; (ii) a descendant of the accused; (iii) a first or

second cousin of the accused; or (iv) a step-child or adopted

child of the accused.

(r) An offender placed on supervision for an offense under

Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a

juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or

11-21 of the Criminal Code of 1961 or the Criminal Code of

2012, or any attempt to commit any of these offenses, committed

on or after June 1, 2009 (the effective date of Public Act

95-983) shall:

(i) not access or use a computer or any other device

with Internet capability without the prior written

approval of the court, except in connection with the

offender's employment or search for employment with the

prior approval of the court;

(ii) submit to periodic unannounced examinations of

the offender's computer or any other device with Internet

capability by the offender's probation officer, a law

enforcement officer, or assigned computer or information

technology specialist, including the retrieval and copying

of all data from the computer or device and any internal or

external peripherals and removal of such information,

equipment, or device to conduct a more thorough inspection;

(iii) submit to the installation on the offender's

computer or device with Internet capability, at the

offender's expense, of one or more hardware or software

systems to monitor the Internet use; and

(iv) submit to any other appropriate restrictions

concerning the offender's use of or access to a computer or

any other device with Internet capability imposed by the

court.

(s) An offender placed on supervision for an offense that

is a sex offense as defined in Section 2 of the Sex Offender

Registration Act that is committed on or after January 1, 2010

(the effective date of Public Act 96-362) that requires the

person to register as a sex offender under that Act, may not

knowingly use any computer scrub software on any computer that

the sex offender uses.

(t) An offender placed on supervision for a sex offense as

defined in the Sex Offender Registration Act committed on or

after January 1, 2010 (the effective date of Public Act 96-262)

shall refrain from accessing or using a social networking

website as defined in Section 17-0.5 of the Criminal Code of

2012.

(u) Jurisdiction over an offender may be transferred from

the sentencing court to the court of another circuit with the

concurrence of both courts. Further transfers or retransfers of

jurisdiction are also authorized in the same manner. The court

to which jurisdiction has been transferred shall have the same

powers as the sentencing court. The probation department within

the circuit to which jurisdiction has been transferred may

impose probation fees upon receiving the transferred offender,

as provided in subsection (i). The probation department from

the original sentencing court shall retain all probation fees

collected prior to the transfer.

(Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15;

99-642, eff. 7-28-16; 99-797, eff. 8-12-16; 100-159, eff.

8-18-17; 100-201, eff. 8-18-17.)

(730 ILCS 5/5-7-1) (from Ch. 38, par. 1005-7-1)

Sec. 5-7-1. Sentence of Periodic Imprisonment.

(a) A sentence of periodic imprisonment is a sentence of

imprisonment during which the committed person may be released

for periods of time during the day or night or for periods of

days, or both, or if convicted of a felony, other than first

degree murder, a Class X or Class 1 felony, committed to any

county, municipal, or regional correctional or detention

institution or facility in this State for such periods of time

as the court may direct. Unless the court orders otherwise, the

particular times and conditions of release shall be determined

by the Department of Corrections, the sheriff, or the

Superintendent of the house of corrections, who is

administering the program.

(b) A sentence of periodic imprisonment may be imposed to

permit the defendant to:

(1) seek employment;

(2) work;

(3) conduct a business or other self-employed

occupation including housekeeping;

(4) attend to family needs;

(5) attend an educational institution, including

vocational education;

(6) obtain medical or psychological treatment;

(7) perform work duties at a county, municipal, or

regional correctional or detention institution or

facility;

(8) continue to reside at home with or without

supervision involving the use of an approved electronic

monitoring device, subject to Article 8A of Chapter V; or

(9) for any other purpose determined by the court.

(c) Except where prohibited by other provisions of this

Code, the court may impose a sentence of periodic imprisonment

for a felony or misdemeanor on a person who is 17 years of age

or older. The court shall not impose a sentence of periodic

imprisonment if it imposes a sentence of imprisonment upon the

defendant in excess of 90 days.

(d) A sentence of periodic imprisonment shall be for a

definite term of from 3 to 4 years for a Class 1 felony, 18 to

30 months for a Class 2 felony, and up to 18 months, or the

longest sentence of imprisonment that could be imposed for the

offense, whichever is less, for all other offenses; however, no

person shall be sentenced to a term of periodic imprisonment

longer than one year if he is committed to a county

correctional institution or facility, and in conjunction with

that sentence participate in a county work release program

comparable to the work and day release program provided for in

Article 13 of the Unified Code of Corrections in State

facilities. The term of the sentence shall be calculated upon

the basis of the duration of its term rather than upon the

basis of the actual days spent in confinement. No sentence of

periodic imprisonment shall be subject to the good time credit

provisions of Section 3-6-3 of this Code.

(e) When the court imposes a sentence of periodic

imprisonment, it shall state:

(1) the term of such sentence;

(2) the days or parts of days which the defendant is to

be confined;

(3) the conditions.

(f) The court may issue an order of protection pursuant to

the Illinois Domestic Violence Act of 1986 as a condition of a

sentence of periodic imprisonment. The Illinois Domestic

Violence Act of 1986 shall govern the issuance, enforcement and

recording of orders of protection issued under this Section. A

copy of the order of protection shall be transmitted to the

person or agency having responsibility for the case.

(f-5) An offender sentenced to a term of periodic

imprisonment for a felony sex offense as defined in the Sex

Offender Management Board Act shall be required to undergo and

successfully complete sex offender treatment by a treatment

provider approved by the Board and conducted in conformance

with the standards developed under the Sex Offender Management

Board Act.

(g) An offender sentenced to periodic imprisonment who

undergoes mandatory drug or alcohol testing, or both, or is

assigned to be placed on an approved electronic monitoring

device, shall be ordered to pay the costs incidental to such

mandatory drug or alcohol testing, or both, and costs

incidental to such approved electronic monitoring in

accordance with the defendant's ability to pay those costs. The

county board with the concurrence of the Chief Judge of the

judicial circuit in which the county is located shall establish

reasonable fees for the cost of maintenance, testing, and

incidental expenses related to the mandatory drug or alcohol

testing, or both, and all costs incidental to approved

electronic monitoring, of all offenders with a sentence of

periodic imprisonment. The concurrence of the Chief Judge shall

be in the form of an administrative order. The fees shall be

collected by the clerk of the circuit court, except as provided

in an administrative order of the Chief Judge of the circuit

court. The clerk of the circuit court shall pay all moneys

collected from these fees to the county treasurer who shall use

the moneys collected to defray the costs of drug testing,

alcohol testing, and electronic monitoring. The county

treasurer shall deposit the fees collected in the county

working cash fund under Section 6-27001 or Section 6-29002 of

the Counties Code, as the case may be.

(h) All fees and costs imposed under this Section for any

violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle

Code, or a similar provision of a local ordinance, and any

violation of the Child Passenger Protection Act, or a similar

provision of a local ordinance, shall be collected and

disbursed by the circuit clerk as provided under the Criminal

and Traffic Assessment Act Section 27.5 of the Clerks of Courts

Act.

The Chief Judge of the circuit court of the county may by

administrative order establish a program for electronic

monitoring of offenders, in which a vendor supplies and

monitors the operation of the electronic monitoring device, and

collects the fees on behalf of the county. The program shall

include provisions for indigent offenders and the collection of

unpaid fees. The program shall not unduly burden the offender

and shall be subject to review by the Chief Judge.

The Chief Judge of the circuit court may suspend any

additional charges or fees for late payment, interest, or

damage to any device.

(i) A defendant at least 17 years of age who is convicted

of a misdemeanor or felony in a county of 3,000,000 or more

inhabitants and who has not been previously convicted of a

misdemeanor or a felony and who is sentenced to a term of

periodic imprisonment may as a condition of his or her sentence

be required by the court to attend educational courses designed

to prepare the defendant for a high school diploma and to work

toward receiving a high school diploma or to work toward

passing high school equivalency testing or to work toward

completing a vocational training program approved by the court.

The defendant sentenced to periodic imprisonment must attend a

public institution of education to obtain the educational or

vocational training required by this subsection (i). The

defendant sentenced to a term of periodic imprisonment shall be

required to pay for the cost of the educational courses or high

school equivalency testing if a fee is charged for those

courses or testing. The court shall revoke the sentence of

periodic imprisonment of the defendant who wilfully fails to

comply with this subsection (i). The court shall resentence the

defendant whose sentence of periodic imprisonment has been

revoked as provided in Section 5-7-2. This subsection (i) does

not apply to a defendant who has a high school diploma or has

successfully passed high school equivalency testing. This

subsection (i) does not apply to a defendant who is determined

by the court to be a person with a developmental disability or

otherwise mentally incapable of completing the educational or

vocational program.

(Source: P.A. 98-718, eff. 1-1-15; 99-143, eff. 7-27-15;

99-797, eff. 8-12-16.)

(730 ILCS 5/5-9-1) (from Ch. 38, par. 1005-9-1)

Sec. 5-9-1. Authorized fines.

(a) An offender may be sentenced to pay a fine as provided

in Article 4.5 of Chapter V.

(b) (Blank.).

(c) (Blank). There shall be added to every fine imposed in

sentencing for a criminal or traffic offense, except an offense

relating to parking or registration, or offense by a

pedestrian, an additional penalty of $15 for each $40, or

fraction thereof, of fine imposed. The additional penalty of

$15 for each $40, or fraction thereof, of fine imposed, if not

otherwise assessed, shall also be added to every fine imposed

upon a plea of guilty, stipulation of facts or findings of

guilty, resulting in a judgment of conviction, or order of

supervision in criminal, traffic, local ordinance, county

ordinance, and conservation cases (except parking,

registration, or pedestrian violations), or upon a sentence of

probation without entry of judgment under Section 10 of the

Cannabis Control Act, Section 410 of the Illinois Controlled

Substances Act, or Section 70 of the Methamphetamine Control

and Community Protection Act.

Such additional amounts shall be assessed by the court

imposing the fine and shall be collected by the Circuit Clerk

in addition to the fine and costs in the case. Each such

additional penalty shall be remitted by the Circuit Clerk

within one month after receipt to the State Treasurer. The

State Treasurer shall deposit $1 for each $40, or fraction

thereof, of fine imposed into the LEADS Maintenance Fund. The

State Treasurer shall deposit $3 for each $40, or fraction

thereof, of fine imposed into the Law Enforcement Camera Grant

Fund. The remaining surcharge amount shall be deposited into

the Traffic and Criminal Conviction Surcharge Fund, unless the

fine, costs or additional amounts are subject to disbursement

by the circuit clerk under Section 27.5 of the Clerks of Courts

Act. Such additional penalty shall not be considered a part of

the fine for purposes of any reduction in the fine for time

served either before or after sentencing. Not later than March

1 of each year the Circuit Clerk shall submit a report of the

amount of funds remitted to the State Treasurer under this

subsection (c) during the preceding calendar year. Except as

otherwise provided by Supreme Court Rules, if a court in

imposing a fine against an offender levies a gross amount for

fine, costs, fees and penalties, the amount of the additional

penalty provided for herein shall be computed on the amount

remaining after deducting from the gross amount levied all fees

of the Circuit Clerk, the State's Attorney and the Sheriff.

After deducting from the gross amount levied the fees and

additional penalty provided for herein, less any other

additional penalties provided by law, the clerk shall remit the

net balance remaining to the entity authorized by law to

receive the fine imposed in the case. For purposes of this

Section "fees of the Circuit Clerk" shall include, if

applicable, the fee provided for under Section 27.3a of the

Clerks of Courts Act and the fee, if applicable, payable to the

county in which the violation occurred pursuant to Section

5-1101 of the Counties Code.

(c-5) (Blank). In addition to the fines imposed by

subsection (c), any person convicted or receiving an order of

supervision for driving under the influence of alcohol or drugs

shall pay an additional $100 fee to the clerk. This additional

fee, less 2 1/2% that shall be used to defray administrative

costs incurred by the clerk, shall be remitted by the clerk to

the Treasurer within 60 days after receipt for deposit into the

Trauma Center Fund. This additional fee of $100 shall not be

considered a part of the fine for purposes of any reduction in

the fine for time served either before or after sentencing. Not

later than March 1 of each year the Circuit Clerk shall submit

a report of the amount of funds remitted to the State Treasurer

under this subsection (c-5) during the preceding calendar year.

The Circuit Clerk may accept payment of fines and costs by

credit card from an offender who has been convicted of a

traffic offense, petty offense or misdemeanor and may charge

the service fee permitted where fines and costs are paid by

credit card provided for in Section 27.3b of the Clerks of

Courts Act.

(c-7) (Blank). In addition to the fines imposed by

subsection (c), any person convicted or receiving an order of

supervision for driving under the influence of alcohol or drugs

shall pay an additional $5 fee to the clerk. This additional

fee, less 2 1/2% that shall be used to defray administrative

costs incurred by the clerk, shall be remitted by the clerk to

the Treasurer within 60 days after receipt for deposit into the

Spinal Cord Injury Paralysis Cure Research Trust Fund. This

additional fee of $5 shall not be considered a part of the fine

for purposes of any reduction in the fine for time served

either before or after sentencing. Not later than March 1 of

each year the Circuit Clerk shall submit a report of the amount

of funds remitted to the State Treasurer under this subsection

(c-7) during the preceding calendar year.

(c-9) (Blank).

(d) In determining the amount and method of payment of a

fine, except for those fines established for violations of

Chapter 15 of the Illinois Vehicle Code, the court shall

consider:

(1) the financial resources and future ability of the

offender to pay the fine; and

(2) whether the fine will prevent the offender from

making court ordered restitution or reparation to the

victim of the offense; and

(3) in a case where the accused is a dissolved

corporation and the court has appointed counsel to

represent the corporation, the costs incurred either by the

county or the State for such representation.

(e) The court may order the fine to be paid forthwith or

within a specified period of time or in installments.

(f) (Blank). All fines, costs and additional amounts

imposed under this Section for any violation of Chapters 3, 4,

6, and 11 of the Illinois Vehicle Code, or a similar provision

of a local ordinance, and any violation of the Child Passenger

Protection Act, or a similar provision of a local ordinance,

shall be collected and disbursed by the circuit clerk as

provided under Section 27.5 of the Clerks of Courts Act.

(Source: P.A. 99-352, eff. 1-1-16.)

(730 ILCS 5/5-9-1.4) (from Ch. 38, par. 1005-9-1.4)

Sec. 5-9-1.4. (a) "Crime laboratory" means any

not-for-profit laboratory registered with the Drug Enforcement

Administration of the United States Department of Justice,

substantially funded by a unit or combination of units of local

government or the State of Illinois, which regularly employs at

least one person engaged in the analysis of controlled

substances, cannabis, methamphetamine, or steroids for

criminal justice agencies in criminal matters and provides

testimony with respect to such examinations.

(b) (Blank). When a person has been adjudged guilty of an

offense in violation of the Cannabis Control Act, the Illinois

Controlled Substances Act, the Methamphetamine Control and

Community Protection Act, or the Steroid Control Act, in

addition to any other disposition, penalty or fine imposed, a

criminal laboratory analysis fee of $100 for each offense for

which he was convicted shall be levied by the court. Any person

placed on probation pursuant to Section 10 of the Cannabis

Control Act, Section 410 of the Illinois Controlled Substances

Act, Section 70 of the Methamphetamine Control and Community

Protection Act, or Section 10 of the Steroid Control Act or

placed on supervision for a violation of the Cannabis Control

Act, the Illinois Controlled Substances Act or the Steroid

Control Act shall be assessed a criminal laboratory analysis

fee of $100 for each offense for which he was charged. Upon

verified petition of the person, the court may suspend payment

of all or part of the fee if it finds that the person does not

have the ability to pay the fee.

(c) In addition to any other disposition made pursuant to

the provisions of the Juvenile Court Act of 1987, any minor

adjudicated delinquent for an offense which if committed by an

adult would constitute a violation of the Cannabis Control Act,

the Illinois Controlled Substances Act, the Methamphetamine

Control and Community Protection Act, or the Steroid Control

Act shall be required to pay assessed a criminal laboratory

analysis assessment fee of $100 for each adjudication. Upon

verified petition of the minor, the court may suspend payment

of all or part of the assessment fee if it finds that the minor

does not have the ability to pay the assessment fee. The

parent, guardian or legal custodian of the minor may pay some

or all of such assessment fee on the minor's behalf.

(d) All criminal laboratory analysis fees provided for by

this Section shall be collected by the clerk of the court and

forwarded to the appropriate crime laboratory fund as provided

in subsection (f).

(e) Crime laboratory funds shall be established as follows:

(1) Any unit of local government which maintains a

crime laboratory may establish a crime laboratory fund

within the office of the county or municipal treasurer.

(2) Any combination of units of local government which

maintains a crime laboratory may establish a crime

laboratory fund within the office of the treasurer of the

county where the crime laboratory is situated.

(3) The State Crime Laboratory Fund is hereby created

as a special fund in the State Treasury.

(f) The analysis assessment fee provided for in subsection

subsections (b) and (c) of this Section shall be forwarded to

the office of the treasurer of the unit of local government

that performed the analysis if that unit of local government

has established a crime laboratory fund, or to the State Crime

Laboratory Fund if the analysis was performed by a laboratory

operated by the Illinois State Police. If the analysis was

performed by a crime laboratory funded by a combination of

units of local government, the analysis assessment fee shall be

forwarded to the treasurer of the county where the crime

laboratory is situated if a crime laboratory fund has been

established in that county. If the unit of local government or

combination of units of local government has not established a

crime laboratory fund, then the analysis assessment fee shall

be forwarded to the State Crime Laboratory Fund. The clerk of

the circuit court may retain the amount of $10 from each

collected analysis fee to offset administrative costs incurred

in carrying out the clerk's responsibilities under this

Section.

(g) Moneys Fees deposited into a crime laboratory fund

created pursuant to paragraphs (1) or (2) of subsection (e) of

this Section shall be in addition to any allocations made

pursuant to existing law and shall be designated for the

exclusive use of the crime laboratory. These uses may include,

but are not limited to, the following:

(1) costs incurred in providing analysis for

controlled substances in connection with criminal

investigations conducted within this State;

(2) purchase and maintenance of equipment for use in

performing analyses; and

(3) continuing education, training and professional

development of forensic scientists regularly employed by

these laboratories.

(h) Moneys Fees deposited in the State Crime Laboratory

Fund created pursuant to paragraph (3) of subsection (d) of

this Section shall be used by State crime laboratories as

designated by the Director of State Police. These funds shall

be in addition to any allocations made pursuant to existing law

and shall be designated for the exclusive use of State crime

laboratories. These uses may include those enumerated in

subsection (g) of this Section.

(Source: P.A. 94-556, eff. 9-11-05.)

(730 ILCS 5/5-9-1.7) (from Ch. 38, par. 1005-9-1.7)

Sec. 5-9-1.7. Sexual assault fines.

(a) Definitions. The terms used in this Section shall have

the following meanings ascribed to them:

(1) "Sexual assault" means the commission or attempted

commission of the following: sexual exploitation of a

child, criminal sexual assault, predatory criminal sexual

assault of a child, aggravated criminal sexual assault,

criminal sexual abuse, aggravated criminal sexual abuse,

indecent solicitation of a child, public indecency, sexual

relations within families, promoting juvenile

prostitution, soliciting for a juvenile prostitute,

keeping a place of juvenile prostitution, patronizing a

juvenile prostitute, juvenile pimping, exploitation of a

child, obscenity, child pornography, aggravated child

pornography, harmful material, or ritualized abuse of a

child, as those offenses are defined in the Criminal Code

of 1961 or the Criminal Code of 2012.

(2) (Blank). "Family member" shall have the meaning

ascribed to it in Section 11-0.1 of the Criminal Code of

2012.

(3) "Sexual assault organization" means any

not-for-profit organization providing comprehensive,

community-based services to victims of sexual assault.

"Community-based services" include, but are not limited

to, direct crisis intervention through a 24-hour response,

medical and legal advocacy, counseling, information and

referral services, training, and community education.

(b) (Blank). Sexual assault fine; collection by clerk.

(1) In addition to any other penalty imposed, a fine of

$200 shall be imposed upon any person who pleads guilty or

who is convicted of, or who receives a disposition of court

supervision for, a sexual assault or attempt of a sexual

assault. Upon request of the victim or the victim's

representative, the court shall determine whether the fine

will impose an undue burden on the victim of the offense.

For purposes of this paragraph, the defendant may not be

considered the victim's representative. If the court finds

that the fine would impose an undue burden on the victim,

the court may reduce or waive the fine. The court shall

order that the defendant may not use funds belonging solely

to the victim of the offense for payment of the fine.

(2) Sexual assault fines shall be assessed by the court

imposing the sentence and shall be collected by the circuit

clerk. The circuit clerk shall retain 10% of the penalty to

cover the costs involved in administering and enforcing

this Section. The circuit clerk shall remit the remainder

of each fine within one month of its receipt to the State

Treasurer for deposit as follows:

(i) for family member offenders, one-half to the

Sexual Assault Services Fund, and one-half to the

Domestic Violence Shelter and Service Fund; and

(ii) for other than family member offenders, the

full amount to the Sexual Assault Services Fund.

(c) Sexual Assault Services Fund; administration. There is

created a Sexual Assault Services Fund. Moneys deposited into

the Fund under Section 15-20 and 15-40 of the Criminal and

Traffic Assessment Act this Section shall be appropriated to

the Department of Public Health. Upon appropriation of moneys

from the Sexual Assault Services Fund, the Department of Public

Health shall make grants of these moneys from the Fund to

sexual assault organizations with whom the Department has

contracts for the purpose of providing community-based

services to victims of sexual assault. Grants made under this

Section are in addition to, and are not substitutes for, other

grants authorized and made by the Department.

(Source: P.A. 96-1551, eff. 7-1-11; 97-1109, eff. 1-1-13;

97-1150, eff. 1-25-13.)

(730 ILCS 5/5-9-1.9)

Sec. 5-9-1.9. DUI analysis fee.

(a) "Crime laboratory" means a not-for-profit laboratory

substantially funded by a single unit or combination of units

of local government or the State of Illinois that regularly

employs at least one person engaged in the DUI analysis of

blood, other bodily substance, and urine for criminal justice

agencies in criminal matters and provides testimony with

respect to such examinations.

"DUI analysis" means an analysis of blood, other bodily

substance, or urine for purposes of determining whether a

violation of Section 11-501 of the Illinois Vehicle Code has

occurred.

(b) (Blank). When a person has been adjudged guilty of an

offense in violation of Section 11-501 of the Illinois Vehicle

Code, in addition to any other disposition, penalty, or fine

imposed, a crime laboratory DUI analysis fee of $150 for each

offense for which the person was convicted shall be levied by

the court for each case in which a laboratory analysis

occurred. Upon verified petition of the person, the court may

suspend payment of all or part of the fee if it finds that the

person does not have the ability to pay the fee.

(c) In addition to any other disposition made under the

provisions of the Juvenile Court Act of 1987, any minor

adjudicated delinquent for an offense which if committed by an

adult would constitute a violation of Section 11-501 of the

Illinois Vehicle Code shall pay be assessed a crime laboratory

DUI analysis assessment fee of $150 for each adjudication. Upon

verified petition of the minor, the court may suspend payment

of all or part of the assessment fee if it finds that the minor

does not have the ability to pay the assessment fee. The

parent, guardian, or legal custodian of the minor may pay some

or all of the assessment fee on the minor's behalf.

(d) All crime laboratory DUI analysis assessments fees

provided for by this Section shall be collected by the clerk of

the court and forwarded to the appropriate crime laboratory DUI

fund as provided in subsection (f).

(e) Crime laboratory funds shall be established as follows:

(1) A unit of local government that maintains a crime

laboratory may establish a crime laboratory DUI fund within

the office of the county or municipal treasurer.

(2) Any combination of units of local government that

maintains a crime laboratory may establish a crime

laboratory DUI fund within the office of the treasurer of

the county where the crime laboratory is situated.

(3) The State Police DUI Fund is created as a special

fund in the State Treasury.

(f) The analysis assessment fee provided for in subsection

subsections (b) and (c) of this Section shall be forwarded to

the office of the treasurer of the unit of local government

that performed the analysis if that unit of local government

has established a crime laboratory DUI fund, or to the State

Treasurer for deposit into the State Police Operations

Assistance DUI Fund if the analysis was performed by a

laboratory operated by the Department of State Police. If the

analysis was performed by a crime laboratory funded by a

combination of units of local government, the analysis

assessment fee shall be forwarded to the treasurer of the

county where the crime laboratory is situated if a crime

laboratory DUI fund has been established in that county. If the

unit of local government or combination of units of local

government has not established a crime laboratory DUI fund,

then the analysis assessment fee shall be forwarded to the

State Treasurer for deposit into the State Police Operations

Assistance Fund DUI Fund. The clerk of the circuit court may

retain the amount of $10 from each collected analysis fee to

offset administrative costs incurred in carrying out the

clerk's responsibilities under this Section.

(g) Moneys Fees deposited into a crime laboratory DUI fund

created under paragraphs (1) and (2) of subsection (e) of this

Section shall be in addition to any allocations made pursuant

to existing law and shall be designated for the exclusive use

of the crime laboratory. These uses may include, but are not

limited to, the following:

(1) Costs incurred in providing analysis for DUI

investigations conducted within this State.

(2) Purchase and maintenance of equipment for use in

performing analyses.

(3) Continuing education, training, and professional

development of forensic scientists regularly employed by

these laboratories.

(h) Moneys Fees deposited in the State Police Operations

Assistance DUI Fund created under paragraph (3) of subsection

(e) of this Section shall be used by State crime laboratories

as designated by the Director of State Police. These funds

shall be in addition to any allocations made according to

existing law and shall be designated for the exclusive use of

State crime laboratories. These uses may include those

enumerated in subsection (g) of this Section.

(Source: P.A. 99-697, eff. 7-29-16.)

(730 ILCS 5/5-9-1.11)

Sec. 5-9-1.11. Domestic Violence Abuser Services Violation

of an order of protection; Fund.

(a) (Blank). In addition to any other penalty imposed, a

fine of $20 shall be imposed upon any person who is convicted

of or placed on supervision for violation of an order of

protection; provided that the offender and victim are family or

household members as defined in Section 103 of the Illinois

Domestic Violence Act of 1986.

The additional amount shall be assessed by the court

imposing sentence and shall be collected by the Circuit Clerk

in addition to the fine, if any, and costs in the case. Each

such additional penalty shall be remitted by the Circuit Clerk

within one month after receipt to the State Treasurer for

deposit into the Domestic Violence Abuser Services Fund. The

Circuit Clerk shall retain 10% of the penalty to cover the

costs incurred in administering and enforcing this Section. The

additional penalty shall not be considered a part of the fine

for purposes of any reduction in the fine for time served

either before or after sentencing.

The State Treasurer shall deposit into the Domestic

Violence Abuser Services Fund each fine received from circuit

clerks under Section 5-9-1.5 of the Unified Code of

Corrections.

Upon request of the victim or the victim's representative,

the court shall determine whether the fine will impose an undue

burden on the victim of the offense. For purposes of this

paragraph, the defendant may not be considered the victim's

representative. If the court finds that the fine would impose

an undue burden on the victim, the court may reduce or waive

the fine. The court shall order that the defendant may not use

funds belonging solely to the victim of the offense for payment

of the fine.

Not later than March 1 of each year the Clerk of the

Circuit Court shall submit to the State Comptroller a report of

the amount of funds remitted by her or him to the State

Treasurer under this Section during the preceding calendar

year. Except as otherwise provided by Supreme Court Rules, if a

court in sentencing an offender levies a gross amount for fine,

costs, fees and penalties, the amount of the additional penalty

provided for in this Section shall be collected from the amount

remaining after deducting from the gross amount levied all fees

of the Circuit Clerk, the State's Attorney, and the Sheriff.

After deducting from the gross amount levied the fees and

additional penalty provided for in this Section, less any other

additional penalties provided by law, the clerk shall remit the

net balance remaining to the entity authorized by law to

receive the fine imposed in the case. For purposes of this

Section "Fees of the Circuit Clerk" shall include, if

applicable, the fee provided for under Section 27.3a of the

Clerks of Courts Act and the fee, if applicable, payable to the

county in which the violation occurred under Section 5-1101 of

the Counties Code.

(b) Domestic Violence Abuser Services Fund;

administration. There is created a Domestic Violence Abuser

Services Fund in the State Treasury. Moneys deposited into the

Fund under Section 15-70 of the Criminal and Traffic

Assessments Act this Section shall be appropriated to the

Department of Human Services for the purpose of providing

services specified by this Section. Upon appropriation of

moneys from the Domestic Violence Abuser Services Fund, the

Department of Human Services shall set aside 10% of all

appropriated funds for the purposes of program training,

development and assessment. The Department shall make grants of

all remaining moneys from the Fund to qualified domestic

violence abuser services programs through a competitive

application process. A "qualified domestic violence abuser

services program" is one which the Department determines is in

compliance with protocols for abuser services promulgated by

the Department. To the extent possible the Department shall

ensure that moneys received from penalties imposed by courts in

judicial districts are returned to qualified abuser services

programs serving those districts.

(Source: P.A. 90-241, eff. 1-1-98.)

(730 ILCS 5/5-9-1.16)

Sec. 5-9-1.16. Protective order violation service provider

fees.

(a) (Blank). There shall be added to every penalty imposed

in sentencing for a violation of an order of protection under

Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the

Criminal Code of 2012 an additional fee to be set in an amount

not less than $200 to be imposed upon a plea of guilty or

finding of guilty resulting in a judgment of conviction.

(b) (Blank). Such additional amount shall be assessed by

the court imposing sentence and shall be collected by the

Circuit Clerk in addition to the fine, if any, and costs in the

case to be used by the supervising authority in implementing

the domestic violence surveillance program. The clerk of the

circuit court shall pay all monies collected from this fee to

the county treasurer for deposit in the probation and court

services fund under Section 15.1 of the Probation and

Probations Officers Act.

(c) The supervising authority of a domestic violence

surveillance program under Section 5-8A-7 of this Act shall

assess a person either convicted of, or charged with, the

violation of an order of protection an additional service

provider fee to cover the costs of providing the equipment used

and the additional supervision needed for such domestic

violence surveillance program. If the court finds that the fee

would impose an undue burden on the victim, the court may

reduce or waive the fee. The court shall order that the

defendant may not use funds belonging solely to the victim of

the offense for payment of the fee.

When the supervising authority is the court or the

probation and court services department, the fee shall be

collected by the circuit court clerk. The clerk of the circuit

court shall pay all monies collected from this fee and all

other required probation fees that are assessed to the county

treasurer for deposit in the probation and court services fund

under Section 15.1 of the Probation and Probations Officers

Act. In counties with a population of 2 million or more, when

the supervising authority is the court or the probation and

court services department, the fee shall be collected by the

supervising authority. In these counties, the supervising

authority shall pay all monies collected from this fee and all

other required probation fees that are assessed, to the county

treasurer for deposit in the probation and court services fund

under Section 15.1 of the Probation and Probation Officers Act.

When the supervising authority is the Department of

Corrections, the Department shall collect the fee for deposit

into the Department of Corrections Reimbursement and Education

Fund. The Circuit Clerk shall retain 10% of such penalty and

deposit that percentage into the Circuit Court Clerk Operation

and Administrative Fund to cover the costs incurred in

administering and enforcing this Section.

(d) (Blank).

(e) (Blank).

(Source: P.A. 99-933, eff. 1-27-17.)

(730 ILCS 5/5-9-1.21)

Sec. 5-9-1.21. Specialized Services for Survivors of Human

Trafficking Fund.

(a) There is created in the State treasury a Specialized

Services for Survivors of Human Trafficking Fund. Moneys

deposited into the Fund under this Section shall be available

for the Department of Human Services for the purposes in this

Section.

(b) (Blank). Each plea of guilty, stipulation of facts, or

finding of guilt resulting in a judgment of conviction or order

of supervision for an offense under Section 10-9, 11-14.1,

11-14.3, or 11-18 of the Criminal Code of 2012 that results in

the imposition of a fine shall have a portion of that fine

deposited into the Specialized Services for Survivors of Human

Trafficking Fund.

(c) (Blank). If imposed, the fine shall be collected by the

circuit court clerk in addition to any other imposed fee. The

circuit court clerk shall retain $50 to cover the costs in

administering and enforcing this Section. The circuit court

clerk shall remit the remainder of the fine within one month of

its receipt as follows:

(1) $300 shall be distributed equally between all State

law enforcement agencies whose officers or employees

conducted the investigation or prosecution that resulted

in the finding of guilt; and

(2) the remainder of the fine shall be remitted to the

Department of Human Services for deposit into the

Specialized Services for Survivors of Human Trafficking

Fund.

(d) Upon appropriation of moneys from the Specialized

Services for Survivors of Human Trafficking Fund, the

Department of Human Services shall use these moneys to make

grants to non-governmental organizations to provide

specialized, trauma-informed services specifically designed to

address the priority service needs associated with

prostitution and human trafficking. Priority services include,

but are not limited to, community based drop-in centers,

emergency housing, and long-term safe homes. The Department

shall consult with prostitution and human trafficking

advocates, survivors, and service providers to identify

priority service needs in their respective communities.

(e) Grants made under this Section are in addition to, and

not substitutes for, other grants authorized and made by the

Department.

(f) Notwithstanding any other law to the contrary, the

Specialized Services for Survivors of Human Trafficking Fund is

not subject to sweeps, administrative charge-backs, or any

other fiscal maneuver that would in any way transfer any

amounts from the Specialized Services for Survivors of Human

Trafficking Fund into any other fund of the State.

(Source: P.A. 98-1013, eff. 1-1-15.)

(730 ILCS 5/5-9-1.1 rep.)

(730 ILCS 5/5-9-1.1-5 rep.)

(730 ILCS 5/5-9-1.5 rep.)

(730 ILCS 5/5-9-1.6 rep.)

(730 ILCS 5/5-9-1.10 rep.)

(730 ILCS 5/5-9-1.12 rep.)

(730 ILCS 5/5-9-1.14 rep.)

(730 ILCS 5/5-9-1.15 rep.)

(730 ILCS 5/5-9-1.17 rep.)

(730 ILCS 5/5-9-1.18 rep.)

(730 ILCS 5/5-9-1.19 rep.)

(730 ILCS 5/5-9-1.20 rep.)

Section 905-93. The Unified Code of Corrections is amended

by repealing Sections 5-9-1.1, 5-9-1.1-5, 5-9-1.5, 5-9-1.6,

5-9-1.10, 5-9-1.12, 5-9-1.14, 5-9-1.15, 5-9-1.17, 5-9-1.18,

5-9-1.19, and 5-9-1.20.

Section 905-95. The County Jail Act is amended by changing

Section 17 as follows:

(730 ILCS 125/17) (from Ch. 75, par. 117)

Sec. 17. Bedding, clothing, fuel, and medical aid;

reimbursement for medical expenses. The Warden of the jail

shall furnish necessary bedding, clothing, fuel, and medical

services for all prisoners under his charge, and keep an

accurate account of the same. When services that result in

qualified medical expenses are required by any person held in

custody, the county, private hospital, physician or any public

agency which provides such services shall be entitled to obtain

reimbursement from the county for the cost of such services.

The county board of a county may adopt an ordinance or

resolution providing for reimbursement for the cost of those

services at the Department of Healthcare and Family Services'

rates for medical assistance. To the extent that such person is

reasonably able to pay for such care, including reimbursement

from any insurance program or from other medical benefit

programs available to such person, he or she shall reimburse

the county or arresting authority. If such person has already

been determined eligible for medical assistance under the

Illinois Public Aid Code at the time the person is detained,

the cost of such services, to the extent such cost exceeds

$500, shall be reimbursed by the Department of Healthcare and

Family Services under that Code. A reimbursement under any

public or private program authorized by this Section shall be

paid to the county or arresting authority to the same extent as

would have been obtained had the services been rendered in a

non-custodial environment.

The sheriff or his or her designee may cause an application

for medical assistance under the Illinois Public Aid Code to be

completed for an arrestee who is a hospital inpatient. If such

arrestee is determined eligible, he or she shall receive

medical assistance under the Code for hospital inpatient

services only. An arresting authority shall be responsible for

any qualified medical expenses relating to the arrestee until

such time as the arrestee is placed in the custody of the

sheriff. However, the arresting authority shall not be so

responsible if the arrest was made pursuant to a request by the

sheriff. When medical expenses are required by any person held

in custody, the county shall be entitled to obtain

reimbursement from the County Jail Medical Costs Fund to the

extent moneys are available from the Fund. To the extent that

the person is reasonably able to pay for that care, including

reimbursement from any insurance program or from other medical

benefit programs available to the person, he or she shall

reimburse the county.

The county shall be entitled to a $10 fee for each

conviction or order of supervision for a criminal violation,

other than a petty offense or business offense. The fee shall

be taxed as costs to be collected from the defendant, if

possible, upon conviction or entry of an order of supervision.

The fee shall not be considered a part of the fine for purposes

of any reduction in the fine.

All such fees collected shall be deposited by the county in

a fund to be established and known as the County Jail Medical

Costs Fund. Moneys in the Fund shall be used solely for

reimbursement to the county of costs for medical expenses and

administration of the Fund.

For the purposes of this Section, "arresting authority"

means a unit of local government, other than a county, which

employs peace officers and whose peace officers have made the

arrest of a person. For the purposes of this Section,

"qualified medical expenses" include medical and hospital

services but do not include (i) expenses incurred for medical

care or treatment provided to a person on account of a

self-inflicted injury incurred prior to or in the course of an

arrest, (ii) expenses incurred for medical care or treatment

provided to a person on account of a health condition of that

person which existed prior to the time of his or her arrest, or

(iii) expenses for hospital inpatient services for arrestees

enrolled for medical assistance under the Illinois Public Aid

Code.

(Source: P.A. 95-842, eff. 8-15-08; 96-1280, eff. 7-26-10.)

Section 905-100. The Code of Civil Procedure is amended by

changing Section 5-105 as follows:

(735 ILCS 5/5-105) (from Ch. 110, par. 5-105)

Sec. 5-105. Waiver of court fees, costs, and charges Leave

to sue or defend as an indigent person.

(a) As used in this Section:

(1) "Fees, costs, and charges" means payments imposed

on a party in connection with the prosecution or defense of

a civil action, including, but not limited to: fees set

forth in Section 27.1b of the Clerks of Courts Act filing

fees; appearance fees; fees for service of process and

other papers served either within or outside this State,

including service by publication pursuant to Section 2-206

of this Code and publication of necessary legal notices;

motion fees; jury demand fees; charges for participation

in, or attendance at, any mandatory process or procedure

including, but not limited to, conciliation, mediation,

arbitration, counseling, evaluation, "Children First",

"Focus on Children" or similar programs; fees for

supplementary proceedings; charges for translation

services; guardian ad litem fees; charges for certified

copies of court documents; and all other processes and

procedures deemed by the court to be necessary to commence,

prosecute, defend, or enforce relief in a civil action.

(2) "Indigent person" means any person who meets one or

more of the following criteria:

(i) He or she is receiving assistance under one or

more of the following means based governmental public

benefits programs: Supplemental Security Income (SSI),

Aid to the Aged, Blind and Disabled (AABD), Temporary

Assistance for Needy Families (TANF), Supplemental

Nutrition Assistance Program (SNAP) Food Stamps,

General Assistance, Transitional Assistance, or State

Children and Family Assistance.

(ii) His or her available personal income is 200%

125% or less of the current poverty level as

established by the United States Department of Health

and Human Services, unless the applicant's assets that

are not exempt under Part 9 or 10 of Article XII of

this Code are of a nature and value that the court

determines that the applicant is able to pay the fees,

costs, and charges.

(iii) He or she is, in the discretion of the court,

unable to proceed in an action without payment of fees,

costs, and charges and whose payment of those fees,

costs, and charges would result in substantial

hardship to the person or his or her family.

(iv) He or she is an indigent person pursuant to

Section 5-105.5 of this Code.

(3) "Poverty level" means the current poverty level as

established by the United States Department of Health and

Human Services.

(b) On the application of any person, before, or after the

commencement of an action: , a

(1) If the court finds , on finding that the applicant

is an indigent person, the court shall grant the applicant

a full fees, costs, and charges waiver entitling him or her

leave to sue or defend the action without payment of any of

the fees, costs, and charges. of the action

(2) If the court finds that the applicant satisfies any

of the criteria contained in items (i), (ii), or (iii) of

this subdivision (b)(2), the court shall grant the

applicant a partial fees, costs, and charges waiver

entitling him or her to sue or defend the action upon

payment of the applicable percentage of the assessments,

costs, and charges of the action, as follows:

(i) the court shall waive 75% of all fees, costs,

and charges if the available income of the applicant is

greater than 200% but does not exceed 250% of the

poverty level, unless the assets of the applicant that

are not exempt under Part 9 or 10 of Article XII of

this Code are such that the applicant is able, without

undue hardship, to pay a greater portion of the fees,

costs, and charges;

(ii) the court shall waive 50% of all fees, costs,

and charges if the available income is greater than

250% but does not exceed 300% of the poverty level,

unless the assets of the applicant that are not exempt

under Part 9 or 10 of Article XII of this Code are such

that the applicant is able, without undue hardship, to

pay a greater portion of the fees, costs, and charges;

and

(iii) the court shall waive 25% of all fees, costs,

and charges if the available income of the applicant is

greater than 300% but does not exceed 400% of the

current poverty level, unless the assets of the

applicant that are not exempt under Part 9 or 10 of

Article XII of this Code are such that the applicant is

able, without undue hardship, to pay a greater portion

of the fees, costs, and charges.

(c) An application for waiver of court fees, costs, and

charges leave to sue or defend an action as an indigent person

shall be in writing and signed supported by the affidavit of

the applicant, or, if the applicant is a minor or an

incompetent adult, by the affidavit of another person having

knowledge of the facts. The contents of the application for

waiver of court fees, costs, and charges, and the procedure for

the decision of the applications, affidavit shall be

established by Supreme Court Rule. Factors to consider in

evaluating an application shall include:

(1) the applicant's receipt of needs based

governmental public benefits, including Supplemental

Security Income (SSI); Aid to the Aged, Blind and Disabled

(ADBD); Temporary Assistance for Needy Families (TANF);

Supplemental Nutrition Assistance Program (SNAP or "food

stamps"); General Assistance; Transitional Assistance; or

State Children and Family Assistance;

(2) the employment status of the applicant and amount

of monthly income, if any;

(3) income received from the applicant's pension,

Social Security benefits, unemployment benefits, and other

sources;

(4) income received by the applicant from other

household members;

(5) the applicant's monthly expenses, including rent,

home mortgage, other mortgage, utilities, food, medical,

vehicle, childcare, debts, child support, and other

expenses; and

(6) financial affidavits or other similar supporting

documentation provided by the applicant showing that

payment of the imposed fees, costs, and charges would

result in substantial hardship to the applicant or the

applicant's family.

(c-5) The court shall provide, through the office of the

clerk of the court, the application for waiver of court fees,

costs, and charges simplified forms consistent with the

requirements of this Section and applicable Supreme Court Rules

to any person seeking to sue or defend an action who indicates

an inability to pay the fees, costs, and charges of the action.

The application and supporting affidavit may be incorporated

into one simplified form. The clerk of the court shall post in

a conspicuous place in the courthouse a notice no smaller than

8.5 x 11 inches, using no smaller than 30-point typeface

printed in English and in Spanish, advising the public that

they may ask the court for permission to sue or defend a civil

action without payment of fees, costs, and charges. The notice

shall be substantially as follows:

"If you are unable to pay the fees, costs, and charges

of an action you may ask the court to allow you to proceed

without paying them. Ask the clerk of the court for forms."

(d) (Blank). The court shall rule on applications under

this Section in a timely manner based on information contained

in the application unless the court, in its discretion,

requires the applicant to personally appear to explain or

clarify information contained in the application. If the court

finds that the applicant is an indigent person, the court shall

enter an order permitting the applicant to sue or defend

without payment of fees, costs, or charges. If the application

is denied, the court shall enter an order to that effect

stating the specific reasons for the denial. The clerk of the

court shall promptly mail or deliver a copy of the order to the

applicant.

(e) The clerk of the court shall not refuse to accept and

file any complaint, appearance, or other paper presented by the

applicant if accompanied by an application for waiver of court

fees, costs, and charges to sue or defend in forma pauperis,

and those papers shall be considered filed on the date the

application is presented. If the application is denied or a

partial fees, costs, and charges waiver is granted, the order

shall state a date certain by which the necessary fees, costs,

and charges must be paid. For The court, for good cause shown,

the court may allow an applicant who receives a partial fees,

costs, and charges waiver whose application is denied to defer

payment of fees, costs, and charges, make installment payments,

or make payment upon reasonable terms and conditions stated in

the order. The court may dismiss the claims or strike the

defenses of any party failing to pay the fees, costs, and or

charges within the time and in the manner ordered by the court.

A judicial ruling on an application for waiver of court

assessments does not constitute a decision of a substantial

issue in the case under Section 2-1001 of this Code A

determination concerning an application to sue or defend in

forma pauperis shall not be construed as a ruling on the

merits.

(f) The court may order granting a full or partial fees,

costs, and charges waiver shall expire after one year. Upon

expiration of the waiver, or a reasonable period of time before

expiration, the party whose fees, costs, and charges were

waived may file another application for waiver and the court

shall consider the application in accordance with the

applicable Supreme Court Rule. an indigent person to pay all or

a portion of the fees, costs, or charges waived pursuant to

this Section out of moneys recovered by the indigent person

pursuant to a judgment or settlement resulting from the civil

action. However, nothing in this Section shall be construed to

limit the authority of a court to order another party to the

action to pay the fees, costs, or charges of the action.

(f-5) If, before or at the time of final disposition of the

case, the court obtains information, including information

from the court file, suggesting that a person whose fees,

costs, and charges were initially waived was not entitled to a

full or partial waiver at the time of application, the court

may require the person to appear at a court hearing by giving

the applicant no less than 10 days' written notice of the

hearing and the specific reasons why the initial waiver might

be reconsidered. The court may require the applicant to provide

reasonably available evidence, including financial

information, to support his or her eligibility for the waiver,

but the court shall not require submission of information that

is unrelated to the criteria for eligibility and application

requirements set forth in subdivisions (b)(1) or (b)(2) of this

Section. If the court finds that the person was not initially

entitled to any waiver, the person shall pay all fees, costs,

and charges relating to the civil action, including any

previously-waived fees, costs, and charges. The order may state

terms of payment in accordance with subsection (e). The court

shall not conduct a hearing under this subsection more often

than once every 6 months.

(f-10) If, before or at the time of final disposition of

the case, the court obtains information, including information

from the court file, suggesting that a person who received a

full or partial waiver has experienced a change in financial

condition so that he or she is no longer eligible for that

waiver, the court may require the person to appear at a court

hearing by giving the applicant no less than 10 days' written

notice of the hearing and the specific reasons why the waiver

might be reconsidered. The court may require the person to

provide reasonably available evidence, including financial

information, to support his or her continued eligibility for

the waiver, but shall not require submission of information

that is unrelated to the criteria for eligibility and

application requirements set forth in subsections (b)(1) and

(b)(2) of this Section. If the court enters an order finding

that the person is no longer entitled to a waiver, or is

entitled to a partial waiver different than that which the

person had previously received, the person shall pay the

requisite fees, costs, and charges from the date of the order

going forward. The order may state terms of payment in

accordance with subsection (e) of this Section. The court shall

not conduct a hearing under this subsection more often than

once every 6 months.

(g) A court, in its discretion, may appoint counsel to

represent an indigent person, and that counsel shall perform

his or her duties without fees, charges, or reward.

(h) Nothing in this Section shall be construed to affect

the right of a party to sue or defend an action in forma

pauperis without the payment of fees, costs, or charges, or the

right of a party to court-appointed counsel, as authorized by

any other provision of law or by the rules of the Illinois

Supreme Court. Nothing in this Section shall be construed to

limit the authority of a court to order another party to the

action to pay the fees, costs, and charges of the action.

(h-5) If a party is represented by a civil legal services

provider or an attorney in a court-sponsored pro bono program

as defined in Section 5-105.5 of this Code, the attorney

representing that party shall file a certification with the

court in accordance with Supreme Court Rule 298 and that party

shall be allowed to sue or defend without payment of fees,

costs, and charges without filing an application under this

Section.

(h-10) If an attorney files an appearance on behalf of a

person whose fees, costs, and charges were initially waived

under this Section, the attorney must pay all fees, costs, and

charges relating to the civil action, including any previously

waived fees, costs, and charges, unless the attorney is either

a civil legal services provider, representing his or her client

as part of a court-sponsored pro bono program as defined in

Section 5-105.1 of this Code, or appearing under a limited

scope appearance in accordance with Supreme Court Rule

13(c)(6).

(i) The provisions of this Section are severable under

Section 1.31 of the Statute on Statutes.

(Source: P.A. 97-689, eff. 6-14-12; 97-813, eff. 7-13-12.)

Article 999. Effective Date