Bill Text: IL HB5801 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Unified Code of Corrections. Makes a technical change in a Section concerning authorized fines.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB5801 Detail]

Download: Illinois-2013-HB5801-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB5801 Introduced , by Rep. Jehan A. Gordon-Booth SYNOPSIS AS INTRODUCED:
730 ILCS 5/5-9-1 from Ch. 38, par. 1005-9-1
Amends the Unified Code of Corrections. Makes a technical change in a Section concerning authorized fines.
LRB098 19392 RLC 54548 b
A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unified Code of Corrections is amended by
changing Section 5-9-1 as follows:
(730 ILCS 5/5-9-1) (from Ch. 38, par. 1005-9-1)
Sec. 5-9-1. Authorized fines.
(a) An offender may may be sentenced to pay a fine as
provided in Article 4.5 of Chapter V.
(b) (Blank.)
(c) 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 $10 for each $40, or
fraction thereof, of fine imposed. The additional penalty of
$10 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

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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 $1 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

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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) 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

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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) 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

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(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) 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. 94-556, eff. 9-11-05; 94-652, eff. 8-22-05;
94-987, eff. 6-30-06; 95-1052, eff. 7-1-09.)