Bill Text: IL HB5800 | 2013-2014 | 98th General Assembly | Introduced
Bill Title: Amends the Clerks of Courts Act. Makes a technical change in a Section concerning the disposition of certain fees, fines, costs, and other amounts paid to the circuit clerk.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2014-12-03 - Session Sine Die [HB5800 Detail]
Download: Illinois-2013-HB5800-Introduced.html
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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Clerks of Courts Act is amended by changing | |||||||||||||||||||
5 | Section 27.6 as follows:
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6 | (705 ILCS 105/27.6)
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7 | (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625, | |||||||||||||||||||
8 | 96-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, and | |||||||||||||||||||
9 | 97-1150) | |||||||||||||||||||
10 | Sec. 27.6. (a) All fees, fines, costs, additional | |||||||||||||||||||
11 | penalties, bail bail balances
assessed or forfeited, and any | |||||||||||||||||||
12 | other amount paid by a person to the circuit
clerk equalling an | |||||||||||||||||||
13 | amount of $55 or more, except the fine imposed by Section | |||||||||||||||||||
14 | 5-9-1.15
of the Unified Code of Corrections, the additional fee | |||||||||||||||||||
15 | required
by subsections (b) and (c), restitution under Section | |||||||||||||||||||
16 | 5-5-6 of the
Unified Code of Corrections, contributions to a | |||||||||||||||||||
17 | local anti-crime program ordered pursuant to Section | |||||||||||||||||||
18 | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | |||||||||||||||||||
19 | Corrections, reimbursement for the costs of an emergency
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20 | response as provided under Section 11-501 of the Illinois | |||||||||||||||||||
21 | Vehicle Code,
any fees collected for attending a traffic safety | |||||||||||||||||||
22 | program under paragraph (c)
of Supreme Court Rule 529, any fee | |||||||||||||||||||
23 | collected on behalf of a State's Attorney
under Section 4-2002 |
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| |||||||
1 | of the Counties Code or a sheriff under Section 4-5001
of the | ||||||
2 | Counties Code, or any cost imposed under Section 124A-5 of the | ||||||
3 | Code of
Criminal Procedure of 1963, for convictions, orders of | ||||||
4 | supervision, or any
other disposition for a violation of | ||||||
5 | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | ||||||
6 | similar provision of a local ordinance, and any
violation of | ||||||
7 | the Child Passenger Protection Act, or a similar provision of a
| ||||||
8 | local ordinance, and except as otherwise provided in this | ||||||
9 | Section
shall be disbursed
within 60 days after receipt by the | ||||||
10 | circuit
clerk as follows: 44.5% shall be disbursed to the | ||||||
11 | entity authorized by law to
receive the fine imposed in the | ||||||
12 | case; 16.825% shall be disbursed to the State
Treasurer; and | ||||||
13 | 38.675% shall be disbursed to the county's general corporate
| ||||||
14 | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | ||||||
15 | shall be deposited
by the State Treasurer into the Violent | ||||||
16 | Crime Victims Assistance Fund, 5.052/17
shall be deposited into | ||||||
17 | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall | ||||||
18 | be deposited into the Drivers Education Fund, and 6.948/17 | ||||||
19 | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 | ||||||
20 | deposited into the
Trauma Center Fund from the 16.825% | ||||||
21 | disbursed to the State Treasurer, 50% shall
be disbursed to the | ||||||
22 | Department of Public Health and 50% shall be disbursed to
the | ||||||
23 | Department of Healthcare and Family Services. For fiscal year | ||||||
24 | 1993, amounts deposited into
the Violent Crime Victims | ||||||
25 | Assistance Fund, the Traffic and Criminal
Conviction Surcharge | ||||||
26 | Fund, or the Drivers Education Fund shall not exceed 110%
of |
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1 | the amounts deposited into those funds in fiscal year 1991. Any
| ||||||
2 | amount that exceeds the 110% limit shall be distributed as | ||||||
3 | follows: 50%
shall be disbursed to the county's general | ||||||
4 | corporate fund and 50% shall be
disbursed to the entity | ||||||
5 | authorized by law to receive the fine imposed in
the case. Not | ||||||
6 | later than March 1 of each year the circuit clerk
shall submit | ||||||
7 | a report of the amount of funds remitted to the State
Treasurer | ||||||
8 | under this Section during the preceding year based upon
| ||||||
9 | independent verification of fines and fees. All counties shall | ||||||
10 | be subject
to this Section, except that counties with a | ||||||
11 | population under 2,000,000
may, by ordinance, elect not to be | ||||||
12 | subject to this Section. For offenses
subject to this Section, | ||||||
13 | judges shall impose one total sum of money payable
for | ||||||
14 | violations. The circuit clerk may add on no additional amounts | ||||||
15 | except
for amounts that are required by Sections 27.3a and | ||||||
16 | 27.3c of
this Act, unless those amounts are specifically waived | ||||||
17 | by the judge. With
respect to money collected by the circuit | ||||||
18 | clerk as a result of
forfeiture of bail, ex parte judgment or | ||||||
19 | guilty plea pursuant to Supreme
Court Rule 529, the circuit | ||||||
20 | clerk shall first deduct and pay amounts
required by Sections | ||||||
21 | 27.3a and 27.3c of this Act. This Section is a denial
and | ||||||
22 | limitation of home rule powers and functions under subsection | ||||||
23 | (h) of
Section 6 of Article VII of the Illinois Constitution.
| ||||||
24 | (b) In addition to any other fines and court costs assessed | ||||||
25 | by the courts,
any person convicted or receiving an order of | ||||||
26 | supervision for driving under
the influence of alcohol or drugs |
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1 | shall pay an additional fee of $100 to the
clerk of the circuit | ||||||
2 | court. This amount, less 2 1/2% that shall be used to
defray | ||||||
3 | administrative costs incurred by the clerk, shall be remitted | ||||||
4 | by the
clerk to the Treasurer within 60 days after receipt for | ||||||
5 | deposit into the Trauma
Center Fund. This additional fee of | ||||||
6 | $100 shall not be considered a part of the
fine for purposes of | ||||||
7 | any reduction in the fine for time served either before or
| ||||||
8 | after sentencing. Not later than March 1 of each year the | ||||||
9 | Circuit Clerk shall
submit a report of the amount of funds | ||||||
10 | remitted to the State Treasurer under
this subsection during | ||||||
11 | the preceding calendar year.
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12 | (b-1) In addition to any other fines and court costs | ||||||
13 | assessed by the courts,
any person convicted or receiving an | ||||||
14 | order of supervision for driving under the
influence of alcohol | ||||||
15 | or drugs shall pay an additional fee of $5 to the clerk
of the | ||||||
16 | circuit court. This amount, less
2 1/2% that shall be used to | ||||||
17 | defray administrative costs incurred by the clerk,
shall be | ||||||
18 | remitted by the clerk to the Treasurer within 60 days after | ||||||
19 | receipt
for deposit into the Spinal Cord Injury Paralysis Cure | ||||||
20 | Research Trust Fund.
This additional fee of $5 shall not
be | ||||||
21 | considered a part of the fine for purposes of any reduction in | ||||||
22 | the fine for
time served either before or after sentencing. Not | ||||||
23 | later than March 1 of each
year the Circuit Clerk shall submit | ||||||
24 | a report of the amount of funds remitted to
the State Treasurer | ||||||
25 | under this subsection during the preceding calendar
year.
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26 | (c) In addition to any other fines and court costs assessed |
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1 | by the courts,
any person convicted for a violation of Sections | ||||||
2 | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or the | ||||||
3 | Criminal Code of 2012 or a person sentenced for a violation of | ||||||
4 | the Cannabis
Control Act, the Illinois Controlled Substances | ||||||
5 | Act, or the Methamphetamine Control and Community Protection | ||||||
6 | Act
shall pay an additional fee of $100 to the clerk
of the | ||||||
7 | circuit court. This amount, less
2 1/2% that shall be used to | ||||||
8 | defray administrative costs incurred by the clerk,
shall be | ||||||
9 | remitted by the clerk to the Treasurer within 60 days after | ||||||
10 | receipt
for deposit into the Trauma Center Fund. This | ||||||
11 | additional fee of $100 shall not
be considered a part of the | ||||||
12 | fine for purposes of any reduction in the fine for
time served | ||||||
13 | either before or after sentencing. Not later than March 1 of | ||||||
14 | each
year the Circuit Clerk shall submit a report of the amount | ||||||
15 | of funds remitted to
the State Treasurer under this subsection | ||||||
16 | during the preceding calendar year.
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17 | (c-1) In addition to any other fines and court costs | ||||||
18 | assessed by the
courts, any person sentenced for a violation of | ||||||
19 | the Cannabis Control Act,
the Illinois Controlled Substances | ||||||
20 | Act, or the Methamphetamine Control and Community Protection | ||||||
21 | Act shall pay an additional fee of $5 to the
clerk of the | ||||||
22 | circuit court. This amount, less 2 1/2% that shall be used to
| ||||||
23 | defray administrative costs incurred by the clerk, shall be | ||||||
24 | remitted by the
clerk to the Treasurer within 60 days after | ||||||
25 | receipt for deposit into the Spinal
Cord Injury Paralysis Cure | ||||||
26 | Research Trust Fund. This additional fee of $5
shall not be |
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1 | considered a part of the fine for purposes of any reduction in | ||||||
2 | the
fine for time served either before or after sentencing. Not | ||||||
3 | later than March 1
of each year the Circuit Clerk shall submit | ||||||
4 | a report of the amount of funds
remitted to the State Treasurer | ||||||
5 | under this subsection during the preceding
calendar year.
| ||||||
6 | (d) The following amounts must be remitted to the State | ||||||
7 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
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8 | (1) 50% of the amounts collected for felony offenses | ||||||
9 | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||||||
10 | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||||||
11 | Animals Act and Section 26-5 or 48-1 of the Criminal Code | ||||||
12 | of
1961 or the Criminal Code of 2012;
| ||||||
13 | (2) 20% of the amounts collected for Class A and Class | ||||||
14 | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||||||
15 | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||||||
16 | for Animals Act and Section 26-5 or 48-1 of the Criminal
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17 | Code of 1961 or the Criminal Code of 2012; and
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18 | (3) 50% of the amounts collected for Class C | ||||||
19 | misdemeanors under Sections
4.01 and 7.1 of the Humane Care | ||||||
20 | for Animals Act and Section 26-5 or 48-1 of the
Criminal | ||||||
21 | Code of 1961 or the Criminal Code of 2012.
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22 | (e) Any person who receives a disposition of court | ||||||
23 | supervision for a violation of the Illinois Vehicle Code or a | ||||||
24 | similar provision of a local ordinance shall, in addition to | ||||||
25 | any other fines, fees, and court costs, pay an additional fee | ||||||
26 | of $29, to be disbursed as provided in Section 16-104c of the |
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| |||||||
1 | Illinois Vehicle Code. In addition to the fee of $29, the | ||||||
2 | person shall also pay a fee of $6, if not waived by the court. | ||||||
3 | If this $6 fee is collected, $5.50 of the fee shall be | ||||||
4 | deposited into the Circuit Court Clerk Operation and | ||||||
5 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
6 | and 50 cents of the fee shall be deposited into the Prisoner | ||||||
7 | Review Board Vehicle and Equipment Fund in the State treasury.
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8 | (f) This Section does not apply to the additional child | ||||||
9 | pornography fines assessed and collected under Section | ||||||
10 | 5-9-1.14 of the Unified Code of Corrections.
| ||||||
11 | (g) (Blank). | ||||||
12 | (h) (Blank). | ||||||
13 | (i)
Of the amounts collected as fines under subsection (b) | ||||||
14 | of Section 3-712 of the Illinois Vehicle Code, 99% shall be | ||||||
15 | deposited into the Illinois Military Family Relief Fund and 1% | ||||||
16 | shall be deposited into the Circuit Court Clerk Operation and | ||||||
17 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
18 | to be used to offset the costs incurred by the Circuit Court | ||||||
19 | Clerk in performing the additional duties required to collect | ||||||
20 | and disburse funds to entities of State and local government as | ||||||
21 | provided by law.
| ||||||
22 | (j) Any person convicted of, pleading guilty to, or placed | ||||||
23 | on supervision for a serious traffic violation, as defined in | ||||||
24 | Section 1-187.001 of the Illinois Vehicle Code, a violation of | ||||||
25 | Section 11-501 of the Illinois Vehicle Code, or a violation of | ||||||
26 | a similar provision of a local ordinance shall pay an |
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| |||||||
1 | additional fee of $35, to be disbursed as provided in Section | ||||||
2 | 16-104d of that Code. | ||||||
3 | This subsection (j) becomes inoperative 7 years after the | ||||||
4 | effective date of Public Act 95-154. | ||||||
5 | (k) For any conviction or disposition of court supervision | ||||||
6 | for a violation of Section 11-1429 of the Illinois Vehicle | ||||||
7 | Code, the circuit clerk shall distribute the fines paid by the | ||||||
8 | person as specified by subsection (h) of Section 11-1429 of the | ||||||
9 | Illinois Vehicle Code. | ||||||
10 | (l) Any person who receives a disposition of court | ||||||
11 | supervision for a violation of Section 11-501 of the Illinois | ||||||
12 | Vehicle Code or a similar provision of a local ordinance shall, | ||||||
13 | in addition to any other fines, fees, and court costs, pay an | ||||||
14 | additional fee of $50, which shall
be collected by the circuit | ||||||
15 | clerk and then remitted to the State Treasurer for deposit into | ||||||
16 | the Roadside Memorial Fund, a special fund in the State | ||||||
17 | treasury. However, the court may waive the fee if full | ||||||
18 | restitution is complied with. Subject to appropriation, all | ||||||
19 | moneys in the Roadside Memorial Fund shall be used by the | ||||||
20 | Department of Transportation to pay fees imposed under | ||||||
21 | subsection (f) of Section 20 of the Roadside Memorial Act. The | ||||||
22 | fee shall be remitted by the circuit clerk within one month | ||||||
23 | after receipt to the State Treasurer for deposit into the | ||||||
24 | Roadside Memorial Fund. | ||||||
25 | (m) Of the amounts collected as fines under subsection (c) | ||||||
26 | of Section 411.4 of the Illinois Controlled Substances Act or |
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| |||||||
1 | subsection (c) of Section 90 of the Methamphetamine Control and | ||||||
2 | Community Protection Act, 99% shall be deposited to the law | ||||||
3 | enforcement agency or fund specified and 1% shall be deposited | ||||||
4 | into the Circuit Court Clerk Operation and Administrative Fund | ||||||
5 | to be used to offset the costs incurred by the Circuit Court | ||||||
6 | Clerk in performing the additional duties required to collect | ||||||
7 | and disburse funds to entities of State and local government as | ||||||
8 | provided by law. | ||||||
9 | (n) In addition to any other fines and court costs assessed | ||||||
10 | by the courts, any person who is convicted of or pleads guilty | ||||||
11 | to a violation of the Criminal Code of 1961 or the Criminal | ||||||
12 | Code of 2012, or a similar provision of a local ordinance, or | ||||||
13 | who is convicted of, pleads guilty to, or receives a | ||||||
14 | disposition of court supervision for a violation of the | ||||||
15 | Illinois Vehicle Code, or a similar provision of a local | ||||||
16 | ordinance, shall pay an additional fee of $15 to the clerk of | ||||||
17 | the circuit court. This additional fee of $15 shall not be | ||||||
18 | considered a part of the fine for purposes of any reduction in | ||||||
19 | the fine for time served either before or after sentencing. | ||||||
20 | This amount, less 2.5% that shall be used to defray | ||||||
21 | administrative costs incurred by the clerk, shall be remitted | ||||||
22 | by the clerk to the State Treasurer within 60 days after | ||||||
23 | receipt for deposit into the State Police Merit Board Public | ||||||
24 | Safety Fund. | ||||||
25 | (Source: P.A. 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428, | ||||||
26 | eff. 8-24-07; 95-600, eff. 6-1-08; 95-876, eff. 8-21-08; |
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1 | 96-286, eff. 8-11-09; 96-576, eff. 8-18-09; 96-578, eff. | ||||||
2 | 8-18-09; 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-1175, | ||||||
3 | eff. 9-20-10; 96-1342, eff. 1-1-11; 97-1051, eff. 1-1-13; | ||||||
4 | 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
| ||||||
5 | (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667, | ||||||
6 | 96-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, and | ||||||
7 | 97-1150) | ||||||
8 | Sec. 27.6. (a) All fees, fines, costs, additional | ||||||
9 | penalties, bail balances
assessed or forfeited, and any other | ||||||
10 | amount paid by a person to the circuit
clerk equalling an | ||||||
11 | amount of $55 or more, except the fine imposed by Section | ||||||
12 | 5-9-1.15
of the Unified Code of Corrections, the additional fee | ||||||
13 | required
by subsections (b) and (c), restitution under Section | ||||||
14 | 5-5-6 of the
Unified Code of Corrections, contributions to a | ||||||
15 | local anti-crime program ordered pursuant to Section | ||||||
16 | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | ||||||
17 | Corrections, reimbursement for the costs of an emergency
| ||||||
18 | response as provided under Section 11-501 of the Illinois | ||||||
19 | Vehicle Code,
any fees collected for attending a traffic safety | ||||||
20 | program under paragraph (c)
of Supreme Court Rule 529, any fee | ||||||
21 | collected on behalf of a State's Attorney
under Section 4-2002 | ||||||
22 | of the Counties Code or a sheriff under Section 4-5001
of the | ||||||
23 | Counties Code, or any cost imposed under Section 124A-5 of the | ||||||
24 | Code of
Criminal Procedure of 1963, for convictions, orders of | ||||||
25 | supervision, or any
other disposition for a violation of |
| |||||||
| |||||||
1 | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | ||||||
2 | similar provision of a local ordinance, and any
violation of | ||||||
3 | the Child Passenger Protection Act, or a similar provision of a
| ||||||
4 | local ordinance, and except as otherwise provided in this | ||||||
5 | Section
shall be disbursed
within 60 days after receipt by the | ||||||
6 | circuit
clerk as follows: 44.5% shall be disbursed to the | ||||||
7 | entity authorized by law to
receive the fine imposed in the | ||||||
8 | case; 16.825% shall be disbursed to the State
Treasurer; and | ||||||
9 | 38.675% shall be disbursed to the county's general corporate
| ||||||
10 | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | ||||||
11 | shall be deposited
by the State Treasurer into the Violent | ||||||
12 | Crime Victims Assistance Fund, 5.052/17
shall be deposited into | ||||||
13 | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall | ||||||
14 | be deposited into the Drivers Education Fund, and 6.948/17 | ||||||
15 | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 | ||||||
16 | deposited into the
Trauma Center Fund from the 16.825% | ||||||
17 | disbursed to the State Treasurer, 50% shall
be disbursed to the | ||||||
18 | Department of Public Health and 50% shall be disbursed to
the | ||||||
19 | Department of Healthcare and Family Services. For fiscal year | ||||||
20 | 1993, amounts deposited into
the Violent Crime Victims | ||||||
21 | Assistance Fund, the Traffic and Criminal
Conviction Surcharge | ||||||
22 | Fund, or the Drivers Education Fund shall not exceed 110%
of | ||||||
23 | the amounts deposited into those funds in fiscal year 1991. Any
| ||||||
24 | amount that exceeds the 110% limit shall be distributed as | ||||||
25 | follows: 50%
shall be disbursed to the county's general | ||||||
26 | corporate fund and 50% shall be
disbursed to the entity |
| |||||||
| |||||||
1 | authorized by law to receive the fine imposed in
the case. Not | ||||||
2 | later than March 1 of each year the circuit clerk
shall submit | ||||||
3 | a report of the amount of funds remitted to the State
Treasurer | ||||||
4 | under this Section during the preceding year based upon
| ||||||
5 | independent verification of fines and fees. All counties shall | ||||||
6 | be subject
to this Section, except that counties with a | ||||||
7 | population under 2,000,000
may, by ordinance, elect not to be | ||||||
8 | subject to this Section. For offenses
subject to this Section, | ||||||
9 | judges shall impose one total sum of money payable
for | ||||||
10 | violations. The circuit clerk may add on no additional amounts | ||||||
11 | except
for amounts that are required by Sections 27.3a and | ||||||
12 | 27.3c of
this Act, Section 16-104c of the Illinois Vehicle | ||||||
13 | Code, and subsection (a) of Section 5-1101 of the Counties | ||||||
14 | Code, unless those amounts are specifically waived by the | ||||||
15 | judge. With
respect to money collected by the circuit clerk as | ||||||
16 | a result of
forfeiture of bail, ex parte judgment or guilty | ||||||
17 | plea pursuant to Supreme
Court Rule 529, the circuit clerk | ||||||
18 | shall first deduct and pay amounts
required by Sections 27.3a | ||||||
19 | and 27.3c of this Act. Unless a court ordered payment schedule | ||||||
20 | is implemented or fee requirements are waived pursuant to court | ||||||
21 | order, the clerk of the court may add to any unpaid fees and | ||||||
22 | costs a delinquency amount equal to 5% of the unpaid fees that | ||||||
23 | remain unpaid after 30 days, 10% of the unpaid fees that remain | ||||||
24 | unpaid after 60 days, and 15% of the unpaid fees that remain | ||||||
25 | unpaid after 90 days. Notice to those parties may be made by | ||||||
26 | signage posting or publication. The additional delinquency |
| |||||||
| |||||||
1 | amounts collected under this Section shall be deposited in the | ||||||
2 | Circuit Court Clerk Operation and Administrative Fund to be | ||||||
3 | used to defray administrative costs incurred by the circuit | ||||||
4 | clerk in performing the duties required to collect and disburse | ||||||
5 | funds. This Section is a denial
and limitation of home rule | ||||||
6 | powers and functions under subsection (h) of
Section 6 of | ||||||
7 | Article VII of the Illinois Constitution.
| ||||||
8 | (b) In addition to any other fines and court costs assessed | ||||||
9 | by the courts,
any person convicted or receiving an order of | ||||||
10 | supervision for driving under
the influence of alcohol or drugs | ||||||
11 | shall pay an additional fee of $100 to the
clerk of the circuit | ||||||
12 | court. This amount, less 2 1/2% that shall be used to
defray | ||||||
13 | administrative costs incurred by the clerk, shall be remitted | ||||||
14 | by the
clerk to the Treasurer within 60 days after receipt for | ||||||
15 | deposit into the Trauma
Center Fund. This additional fee of | ||||||
16 | $100 shall not be considered a part of the
fine for purposes of | ||||||
17 | any reduction in the fine for time served either before or
| ||||||
18 | after sentencing. Not later than March 1 of each year the | ||||||
19 | Circuit Clerk shall
submit a report of the amount of funds | ||||||
20 | remitted to the State Treasurer under
this subsection during | ||||||
21 | the preceding calendar year.
| ||||||
22 | (b-1) In addition to any other fines and court costs | ||||||
23 | assessed by the courts,
any person convicted or receiving an | ||||||
24 | order of supervision for driving under the
influence of alcohol | ||||||
25 | or drugs shall pay an additional fee of $5 to the clerk
of the | ||||||
26 | circuit court. This amount, less
2 1/2% that shall be used to |
| |||||||
| |||||||
1 | defray administrative costs incurred by the clerk,
shall be | ||||||
2 | remitted by the clerk to the Treasurer within 60 days after | ||||||
3 | receipt
for deposit into the Spinal Cord Injury Paralysis Cure | ||||||
4 | Research Trust Fund.
This additional fee of $5 shall not
be | ||||||
5 | considered a part of the fine for purposes of any reduction in | ||||||
6 | the fine for
time served either before or after sentencing. Not | ||||||
7 | later than March 1 of each
year the Circuit Clerk shall submit | ||||||
8 | a report of the amount of funds remitted to
the State Treasurer | ||||||
9 | under this subsection during the preceding calendar
year.
| ||||||
10 | (c) In addition to any other fines and court costs assessed | ||||||
11 | by the courts,
any person convicted for a violation of Sections | ||||||
12 | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or the | ||||||
13 | Criminal Code of 2012 or a person sentenced for a violation of | ||||||
14 | the Cannabis
Control Act, the Illinois Controlled Substances | ||||||
15 | Act, or the Methamphetamine Control and Community Protection | ||||||
16 | Act
shall pay an additional fee of $100 to the clerk
of the | ||||||
17 | circuit court. This amount, less
2 1/2% that shall be used to | ||||||
18 | defray administrative costs incurred by the clerk,
shall be | ||||||
19 | remitted by the clerk to the Treasurer within 60 days after | ||||||
20 | receipt
for deposit into the Trauma Center Fund. This | ||||||
21 | additional fee of $100 shall not
be considered a part of the | ||||||
22 | fine for purposes of any reduction in the fine for
time served | ||||||
23 | either before or after sentencing. Not later than March 1 of | ||||||
24 | each
year the Circuit Clerk shall submit a report of the amount | ||||||
25 | of funds remitted to
the State Treasurer under this subsection | ||||||
26 | during the preceding calendar year.
|
| |||||||
| |||||||
1 | (c-1) In addition to any other fines and court costs | ||||||
2 | assessed by the
courts, any person sentenced for a violation of | ||||||
3 | the Cannabis Control Act,
the Illinois Controlled Substances | ||||||
4 | Act, or the Methamphetamine Control and Community Protection | ||||||
5 | Act shall pay an additional fee of $5 to the
clerk of the | ||||||
6 | circuit court. This amount, less 2 1/2% that shall be used to
| ||||||
7 | defray administrative costs incurred by the clerk, shall be | ||||||
8 | remitted by the
clerk to the Treasurer within 60 days after | ||||||
9 | receipt for deposit into the Spinal
Cord Injury Paralysis Cure | ||||||
10 | Research Trust Fund. This additional fee of $5
shall not be | ||||||
11 | considered a part of the fine for purposes of any reduction in | ||||||
12 | the
fine for time served either before or after sentencing. Not | ||||||
13 | later than March 1
of each year the Circuit Clerk shall submit | ||||||
14 | a report of the amount of funds
remitted to the State Treasurer | ||||||
15 | under this subsection during the preceding
calendar year.
| ||||||
16 | (d) The following amounts must be remitted to the State | ||||||
17 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| ||||||
18 | (1) 50% of the amounts collected for felony offenses | ||||||
19 | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||||||
20 | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||||||
21 | Animals Act and Section 26-5 or 48-1 of the Criminal Code | ||||||
22 | of
1961 or the Criminal Code of 2012;
| ||||||
23 | (2) 20% of the amounts collected for Class A and Class | ||||||
24 | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||||||
25 | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||||||
26 | for Animals Act and Section 26-5 or 48-1 of the Criminal
|
| |||||||
| |||||||
1 | Code of 1961 or the Criminal Code of 2012; and
| ||||||
2 | (3) 50% of the amounts collected for Class C | ||||||
3 | misdemeanors under Sections
4.01 and 7.1 of the Humane Care | ||||||
4 | for Animals Act and Section 26-5 or 48-1 of the
Criminal | ||||||
5 | Code of 1961 or the Criminal Code of 2012.
| ||||||
6 | (e) Any person who receives a disposition of court | ||||||
7 | supervision for a violation of the Illinois Vehicle Code or a | ||||||
8 | similar provision of a local ordinance shall, in addition to | ||||||
9 | any other fines, fees, and court costs, pay an additional fee | ||||||
10 | of $29, to be disbursed as provided in Section 16-104c of the | ||||||
11 | Illinois Vehicle Code. In addition to the fee of $29, the | ||||||
12 | person shall also pay a fee of $6, if not waived by the court. | ||||||
13 | If this $6 fee is collected, $5.50 of the fee shall be | ||||||
14 | deposited into the Circuit Court Clerk Operation and | ||||||
15 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
16 | and 50 cents of the fee shall be deposited into the Prisoner | ||||||
17 | Review Board Vehicle and Equipment Fund in the State treasury.
| ||||||
18 | (f) This Section does not apply to the additional child | ||||||
19 | pornography fines assessed and collected under Section | ||||||
20 | 5-9-1.14 of the Unified Code of Corrections.
| ||||||
21 | (g) Any person convicted of or pleading guilty to a serious | ||||||
22 | traffic violation, as defined in Section 1-187.001 of the | ||||||
23 | Illinois Vehicle Code, shall pay an additional fee of $35, to | ||||||
24 | be disbursed as provided in Section 16-104d of that Code. This | ||||||
25 | subsection (g) becomes inoperative 7 years after the effective | ||||||
26 | date of Public Act 95-154. |
| |||||||
| |||||||
1 | (h) In all counties having a population of 3,000,000 or | ||||||
2 | more inhabitants, | ||||||
3 | (1) A person who is found guilty of or pleads guilty to | ||||||
4 | violating subsection (a) of Section 11-501 of the Illinois | ||||||
5 | Vehicle Code, including any person placed on court | ||||||
6 | supervision for violating subsection (a), shall be fined | ||||||
7 | $750 as provided for by subsection (f) of Section 11-501.01 | ||||||
8 | of the Illinois Vehicle Code, payable to the circuit clerk, | ||||||
9 | who shall distribute the money pursuant to subsection (f) | ||||||
10 | of Section 11-501.01 of the Illinois Vehicle Code. | ||||||
11 | (2) When a crime laboratory DUI analysis fee of $150, | ||||||
12 | provided for by Section 5-9-1.9 of the Unified Code of | ||||||
13 | Corrections is assessed, it shall be disbursed by the | ||||||
14 | circuit clerk as provided by subsection (f) of Section | ||||||
15 | 5-9-1.9 of the Unified Code of Corrections. | ||||||
16 | (3) When a fine for a violation of Section 11-605.1 of | ||||||
17 | the Illinois Vehicle Code is $250 or greater, the person | ||||||
18 | who violated that Section shall be charged an additional | ||||||
19 | $125 as provided for by subsection (e) of Section 11-605.1 | ||||||
20 | of the Illinois Vehicle Code, which shall be disbursed by | ||||||
21 | the circuit clerk to a State or county Transportation | ||||||
22 | Safety Highway Hire-back Fund as provided by subsection (e) | ||||||
23 | of Section 11-605.1 of the Illinois Vehicle Code. | ||||||
24 | (4) When a fine for a violation of subsection (a) of | ||||||
25 | Section 11-605 of the Illinois Vehicle Code is $150 or | ||||||
26 | greater, the additional $50 which is charged as provided |
| |||||||
| |||||||
1 | for by subsection (f) of Section 11-605 of the Illinois | ||||||
2 | Vehicle Code shall be disbursed by the circuit clerk to a | ||||||
3 | school district or districts for school safety purposes as | ||||||
4 | provided by subsection (f) of Section 11-605. | ||||||
5 | (5) When a fine for a violation of subsection (a) of | ||||||
6 | Section 11-1002.5 of the Illinois Vehicle Code is $150 or | ||||||
7 | greater, the additional $50 which is charged as provided | ||||||
8 | for by subsection (c) of Section 11-1002.5 of the Illinois | ||||||
9 | Vehicle Code shall be disbursed by the circuit clerk to a | ||||||
10 | school district or districts for school safety purposes as | ||||||
11 | provided by subsection (c) of Section 11-1002.5 of the | ||||||
12 | Illinois Vehicle Code. | ||||||
13 | (6) When a mandatory drug court fee of up to $5 is | ||||||
14 | assessed as provided in subsection (f) of Section 5-1101 of | ||||||
15 | the Counties Code, it shall be disbursed by the circuit | ||||||
16 | clerk as provided in subsection (f) of Section 5-1101 of | ||||||
17 | the Counties Code. | ||||||
18 | (7) When a mandatory teen court, peer jury, youth | ||||||
19 | court, or other youth diversion program fee is assessed as | ||||||
20 | provided in subsection (e) of Section 5-1101 of the | ||||||
21 | Counties Code, it shall be disbursed by the circuit clerk | ||||||
22 | as provided in subsection (e) of Section 5-1101 of the | ||||||
23 | Counties Code. | ||||||
24 | (8) When a Children's Advocacy Center fee is assessed | ||||||
25 | pursuant to subsection (f-5) of Section 5-1101 of the | ||||||
26 | Counties Code, it shall be disbursed by the circuit clerk |
| |||||||
| |||||||
1 | as provided in subsection (f-5) of Section 5-1101 of the | ||||||
2 | Counties Code. | ||||||
3 | (9) When a victim impact panel fee is assessed pursuant | ||||||
4 | to subsection (b) of Section 11-501.01 of the Vehicle Code, | ||||||
5 | it shall be disbursed by the circuit clerk to the victim | ||||||
6 | impact panel to be attended by the defendant. | ||||||
7 | (10) When a new fee collected in traffic cases is | ||||||
8 | enacted after the effective date of this subsection (h), it | ||||||
9 | shall be excluded from the percentage disbursement | ||||||
10 | provisions of this Section unless otherwise indicated by | ||||||
11 | law. | ||||||
12 | (i)
Of the amounts collected as fines under subsection (b) | ||||||
13 | of Section 3-712 of the Illinois Vehicle Code, 99% shall be | ||||||
14 | deposited into the Illinois Military Family Relief Fund and 1% | ||||||
15 | shall be deposited into the Circuit Court Clerk Operation and | ||||||
16 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
17 | to be used to offset the costs incurred by the Circuit Court | ||||||
18 | Clerk in performing the additional duties required to collect | ||||||
19 | and disburse funds to entities of State and local government as | ||||||
20 | provided by law.
| ||||||
21 | (j) (Blank). | ||||||
22 | (k) For any conviction or disposition of court supervision | ||||||
23 | for a violation of Section 11-1429 of the Illinois Vehicle | ||||||
24 | Code, the circuit clerk shall distribute the fines paid by the | ||||||
25 | person as specified by subsection (h) of Section 11-1429 of the | ||||||
26 | Illinois Vehicle Code. |
| |||||||
| |||||||
1 | (l) Any person who receives a disposition of court | ||||||
2 | supervision for a violation of Section 11-501 of the Illinois | ||||||
3 | Vehicle Code or a similar provision of a local ordinance shall, | ||||||
4 | in addition to any other fines, fees, and court costs, pay an | ||||||
5 | additional fee of $50, which shall
be collected by the circuit | ||||||
6 | clerk and then remitted to the State Treasurer for deposit into | ||||||
7 | the Roadside Memorial Fund, a special fund in the State | ||||||
8 | treasury. However, the court may waive the fee if full | ||||||
9 | restitution is complied with. Subject to appropriation, all | ||||||
10 | moneys in the Roadside Memorial Fund shall be used by the | ||||||
11 | Department of Transportation to pay fees imposed under | ||||||
12 | subsection (f) of Section 20 of the Roadside Memorial Act. The | ||||||
13 | fee shall be remitted by the circuit clerk within one month | ||||||
14 | after receipt to the State Treasurer for deposit into the | ||||||
15 | Roadside Memorial Fund. | ||||||
16 | (m) Of the amounts collected as fines under subsection (c) | ||||||
17 | of Section 411.4 of the Illinois Controlled Substances Act or | ||||||
18 | subsection (c) of Section 90 of the Methamphetamine Control and | ||||||
19 | Community Protection Act, 99% shall be deposited to the law | ||||||
20 | enforcement agency or fund specified and 1% shall be deposited | ||||||
21 | into the Circuit Court Clerk Operation and Administrative Fund | ||||||
22 | to be used to offset the costs incurred by the Circuit Court | ||||||
23 | Clerk in performing the additional duties required to collect | ||||||
24 | and disburse funds to entities of State and local government as | ||||||
25 | provided by law. | ||||||
26 | (n) In addition to any other fines and court costs assessed |
| |||||||
| |||||||
1 | by the courts, any person who is convicted of or pleads guilty | ||||||
2 | to a violation of the Criminal Code of 1961 or the Criminal | ||||||
3 | Code of 2012, or a similar provision of a local ordinance, or | ||||||
4 | who is convicted of, pleads guilty to, or receives a | ||||||
5 | disposition of court supervision for a violation of the | ||||||
6 | Illinois Vehicle Code, or a similar provision of a local | ||||||
7 | ordinance, shall pay an additional fee of $15 to the clerk of | ||||||
8 | the circuit court. This additional fee of $15 shall not be | ||||||
9 | considered a part of the fine for purposes of any reduction in | ||||||
10 | the fine for time served either before or after sentencing. | ||||||
11 | This amount, less 2.5% that shall be used to defray | ||||||
12 | administrative costs incurred by the clerk, shall be remitted | ||||||
13 | by the clerk to the State Treasurer within 60 days after | ||||||
14 | receipt for deposit into the State Police Merit Board Public | ||||||
15 | Safety Fund. | ||||||
16 | (Source: P.A. 96-576, eff. 8-18-09; 96-578, eff. 8-18-09; | ||||||
17 | 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-735, eff. 1-1-10; | ||||||
18 | 96-1175, eff. 9-20-10; 96-1342, eff. 1-1-11; 97-434, eff. | ||||||
19 | 1-1-12; 97-1051, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1150, | ||||||
20 | eff. 1-25-13.)
|