Bill Text: IL SB0581 | 2015-2016 | 99th General Assembly | Engrossed


Bill Title: Amends the Economic Development Area Tax Increment Allocation Act. Makes a technical change in a Section concerning the short title.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2017-01-03 - Rule 19(b) / Re-referred to Rules Committee [SB0581 Detail]

Download: Illinois-2015-SB0581-Engrossed.html



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1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the DUI
5Prevention and Education Commission Act.
6 Section 5. The DUI Prevention and Education Commission.
7 (a) The DUI Prevention and Education Commission is created,
8consisting of the following members:
9 (1) one member from the Office of the Secretary of
10 State, appointed by the Secretary of State;
11 (2) one member representing law enforcement, appointed
12 by the Department of State Police;
13 (3) one member from the Division of Alcohol and
14 Substance Abuse of the Department of Human Services,
15 appointed by the Secretary of the Department of Human
16 Services;
17 (4) one member from the Division of Traffic Safety of
18 the Department of Transportation, appointed by the
19 Secretary of the Department of Transportation; and
20 (5) the Director of the Office of the State's Attorneys
21 Appellate Prosecutor, or his or her designee.
22 (b) The members of the Commission shall be appointed within
2360 days after the effective date of this Act.

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1 (c) The members of the Commission shall receive no
2compensation for serving as members of the Commission.
3 (d) The Department of Transportation shall provide
4administrative support to the Commission.
5 Section 10. Meetings.
6 (a) Each member of the Commission shall have voting rights
7and all actions and recommendations shall be approved by a
8simple majority vote of the members. A quorum shall consist of
93 members.
10 (b) The initial meeting of the Commission shall take place
11within 90 days after the effective date of this Act. At the
12initial meeting, the Commission shall elect one member as a
13Chairperson by a simple majority vote. The Chairperson shall
14call any subsequent meetings.
15 Section 15. Powers. The Commission shall:
16 (1) create rules and guidelines to consider in
17 accepting, reviewing, and determining grant applications;
18 (2) as necessary, meet to determine recipients of
19 grants from the DUI Prevention and Education Fund; and
20 (3) provide a list of eligible grant recipients to the
21 Department of Transportation.
22 Section 20. DUI Prevention and Education Fund; transfer of
23funds.

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1 (a) The DUI Prevention and Education Fund is created as a
2special fund in the State treasury. Subject to appropriation,
3all moneys in the DUI Prevention and Education Fund shall be
4distributed by the Department of Transportation with guidance
5from the DUI Prevention and Education Commission as grants for
6crash victim programs and materials, impaired driving
7prevention programs, law enforcement support, and other
8DUI-related programs.
9 (b) As soon as practical after the effective date of this
10Act, the State Comptroller shall direct and the State Treasurer
11shall transfer $750,000 from the Roadside Memorial Fund to the
12DUI Prevention and Education Fund.
13 Section 25. The State Finance Act is amended by adding
14Section 5.875 as follows:
15 (30 ILCS 105/5.875 new)
16 Sec. 5.875. DUI Prevention and Education Fund.
17 Section 30. The Clerks of Courts Act is amended by changing
18Sections 27.5 and 27.6 as follows:
19 (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
20 Sec. 27.5. (a) All fees, fines, costs, additional
21penalties, bail balances assessed or forfeited, and any other
22amount paid by a person to the circuit clerk that equals an

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1amount less than $55, except restitution under Section 5-5-6 of
2the Unified Code of Corrections, reimbursement for the costs of
3an emergency response as provided under Section 11-501 of the
4Illinois Vehicle Code, any fees collected for attending a
5traffic safety program under paragraph (c) of Supreme Court
6Rule 529, any fee collected on behalf of a State's Attorney
7under Section 4-2002 of the Counties Code or a sheriff under
8Section 4-5001 of the Counties Code, or any cost imposed under
9Section 124A-5 of the Code of Criminal Procedure of 1963, for
10convictions, orders of supervision, or any other disposition
11for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois
12Vehicle Code, or a similar provision of a local ordinance, and
13any violation of the Child Passenger Protection Act, or a
14similar provision of a local ordinance, and except as otherwise
15provided in this Section, shall be disbursed within 60 days
16after receipt by the circuit clerk as follows: 47% shall be
17disbursed to the entity authorized by law to receive the fine
18imposed in the case; 12% shall be disbursed to the State
19Treasurer; and 41% shall be disbursed to the county's general
20corporate fund. Of the 12% disbursed to the State Treasurer,
211/6 shall be deposited by the State Treasurer into the Violent
22Crime Victims Assistance Fund, 1/2 shall be deposited into the
23Traffic and Criminal Conviction Surcharge Fund, and 1/3 shall
24be deposited into the Drivers Education Fund. For fiscal years
251992 and 1993, amounts deposited into the Violent Crime Victims
26Assistance Fund, the Traffic and Criminal Conviction Surcharge

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1Fund, or the Drivers Education Fund shall not exceed 110% of
2the amounts deposited into those funds in fiscal year 1991. Any
3amount that exceeds the 110% limit shall be distributed as
4follows: 50% shall be disbursed to the county's general
5corporate fund and 50% shall be disbursed to the entity
6authorized by law to receive the fine imposed in the case. Not
7later than March 1 of each year the circuit clerk shall submit
8a report of the amount of funds remitted to the State Treasurer
9under this Section during the preceding year based upon
10independent verification of fines and fees. All counties shall
11be subject to this Section, except that counties with a
12population under 2,000,000 may, by ordinance, elect not to be
13subject to this Section. For offenses subject to this Section,
14judges shall impose one total sum of money payable for
15violations. The circuit clerk may add on no additional amounts
16except for amounts that are required by Sections 27.3a and
1727.3c of this Act, Section 16-104c of the Illinois Vehicle
18Code, and subsection (a) of Section 5-1101 of the Counties
19Code, unless those amounts are specifically waived by the
20judge. With respect to money collected by the circuit clerk as
21a result of forfeiture of bail, ex parte judgment or guilty
22plea pursuant to Supreme Court Rule 529, the circuit clerk
23shall first deduct and pay amounts required by Sections 27.3a
24and 27.3c of this Act. Unless a court ordered payment schedule
25is implemented or fee requirements are waived pursuant to a
26court order, the circuit clerk may add to any unpaid fees and

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1costs a delinquency amount equal to 5% of the unpaid fees that
2remain unpaid after 30 days, 10% of the unpaid fees that remain
3unpaid after 60 days, and 15% of the unpaid fees that remain
4unpaid after 90 days. Notice to those parties may be made by
5signage posting or publication. The additional delinquency
6amounts collected under this Section shall be deposited in the
7Circuit Court Clerk Operation and Administrative Fund to be
8used to defray administrative costs incurred by the circuit
9clerk in performing the duties required to collect and disburse
10funds. This Section is a denial and limitation of home rule
11powers and functions under subsection (h) of Section 6 of
12Article VII of the Illinois Constitution.
13 (b) The following amounts must be remitted to the State
14Treasurer for deposit into the Illinois Animal Abuse Fund:
15 (1) 50% of the amounts collected for felony offenses
16 under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
17 5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
18 Animals Act and Section 26-5 or 48-1 of the Criminal Code
19 of 1961 or the Criminal Code of 2012;
20 (2) 20% of the amounts collected for Class A and Class
21 B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
22 5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
23 for Animals Act and Section 26-5 or 48-1 of the Criminal
24 Code of 1961 or the Criminal Code of 2012; and
25 (3) 50% of the amounts collected for Class C
26 misdemeanors under Sections 4.01 and 7.1 of the Humane Care

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1 for Animals Act and Section 26-5 or 48-1 of the Criminal
2 Code of 1961 or the Criminal Code of 2012.
3 (c) Any person who receives a disposition of court
4supervision for a violation of the Illinois Vehicle Code or a
5similar provision of a local ordinance shall, in addition to
6any other fines, fees, and court costs, pay an additional fee
7of $29, to be disbursed as provided in Section 16-104c of the
8Illinois Vehicle Code. In addition to the fee of $29, the
9person shall also pay a fee of $6, if not waived by the court.
10If this $6 fee is collected, $5.50 of the fee shall be
11deposited into the Circuit Court Clerk Operation and
12Administrative Fund created by the Clerk of the Circuit Court
13and 50 cents of the fee shall be deposited into the Prisoner
14Review Board Vehicle and Equipment Fund in the State treasury.
15 (d) Any person convicted of, pleading guilty to, or placed
16on supervision for a serious traffic violation, as defined in
17Section 1-187.001 of the Illinois Vehicle Code, a violation of
18Section 11-501 of the Illinois Vehicle Code, or a violation of
19a similar provision of a local ordinance shall pay an
20additional fee of $35, to be disbursed as provided in Section
2116-104d of that Code.
22 This subsection (d) becomes inoperative on January 1, 2020.
23 (e) In all counties having a population of 3,000,000 or
24more inhabitants:
25 (1) A person who is found guilty of or pleads guilty to
26 violating subsection (a) of Section 11-501 of the Illinois

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1 Vehicle Code, including any person placed on court
2 supervision for violating subsection (a), shall be fined
3 $750 as provided for by subsection (f) of Section 11-501.01
4 of the Illinois Vehicle Code, payable to the circuit clerk,
5 who shall distribute the money pursuant to subsection (f)
6 of Section 11-501.01 of the Illinois Vehicle Code.
7 (2) When a crime laboratory DUI analysis fee of $150,
8 provided for by Section 5-9-1.9 of the Unified Code of
9 Corrections is assessed, it shall be disbursed by the
10 circuit clerk as provided by subsection (f) of Section
11 5-9-1.9 of the Unified Code of Corrections.
12 (3) When a fine for a violation of subsection (a) of
13 Section 11-605 of the Illinois Vehicle Code is $150 or
14 greater, the additional $50 which is charged as provided
15 for by subsection (f) of Section 11-605 of the Illinois
16 Vehicle Code shall be disbursed by the circuit clerk to a
17 school district or districts for school safety purposes as
18 provided by subsection (f) of Section 11-605.
19 (4) When a fine for a violation of subsection (a) of
20 Section 11-1002.5 of the Illinois Vehicle Code is $150 or
21 greater, the additional $50 which is charged as provided
22 for by subsection (c) of Section 11-1002.5 of the Illinois
23 Vehicle Code shall be disbursed by the circuit clerk to a
24 school district or districts for school safety purposes as
25 provided by subsection (c) of Section 11-1002.5 of the
26 Illinois Vehicle Code.

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1 (5) When a mandatory drug court fee of up to $5 is
2 assessed as provided in subsection (f) of Section 5-1101 of
3 the Counties Code, it shall be disbursed by the circuit
4 clerk as provided in subsection (f) of Section 5-1101 of
5 the Counties Code.
6 (6) When a mandatory teen court, peer jury, youth
7 court, or other youth diversion program fee is assessed as
8 provided in subsection (e) of Section 5-1101 of the
9 Counties Code, it shall be disbursed by the circuit clerk
10 as provided in subsection (e) of Section 5-1101 of the
11 Counties Code.
12 (7) When a Children's Advocacy Center fee is assessed
13 pursuant to subsection (f-5) of Section 5-1101 of the
14 Counties Code, it shall be disbursed by the circuit clerk
15 as provided in subsection (f-5) of Section 5-1101 of the
16 Counties Code.
17 (8) When a victim impact panel fee is assessed pursuant
18 to subsection (b) of Section 11-501.01 of the Illinois
19 Vehicle Code, it shall be disbursed by the circuit clerk to
20 the victim impact panel to be attended by the defendant.
21 (9) When a new fee collected in traffic cases is
22 enacted after January 1, 2010 (the effective date of Public
23 Act 96-735), it shall be excluded from the percentage
24 disbursement provisions of this Section unless otherwise
25 indicated by law.
26 (f) Any person who receives a disposition of court

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1supervision for a violation of Section 11-501 of the Illinois
2Vehicle Code shall, in addition to any other fines, fees, and
3court costs, pay an additional fee of $50, which shall be
4collected by the circuit clerk and then remitted to the State
5Treasurer for deposit as follows:
6 (1) $5 into the Roadside Memorial Fund, a special fund
7 in the State treasury. However, the court may waive the fee
8 if full restitution is complied with. Subject to
9 appropriation, all moneys in the Roadside Memorial Fund
10 shall be used by the Department of Transportation to pay
11 fees imposed under subsection (f) of Section 20 of the
12 Roadside Memorial Act. The fee shall be remitted by the
13 circuit clerk within one month after receipt to the State
14 Treasurer for deposit into the Roadside Memorial Fund.
15 (2) $45 into the DUI Prevention and Education Fund.
16 The court may waive the fee if full restitution is complied
17with.
18 (g) For any conviction or disposition of court supervision
19for a violation of Section 11-1429 of the Illinois Vehicle
20Code, the circuit clerk shall distribute the fines paid by the
21person as specified by subsection (h) of Section 11-1429 of the
22Illinois Vehicle Code.
23(Source: P.A. 97-333, eff. 8-12-11; 97-1108, eff. 1-1-13;
2497-1150, eff. 1-25-13; 98-658, eff. 6-23-14.)
25 (705 ILCS 105/27.6)

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1 (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625,
296-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150,
398-658, 98-1013, 99-78, and 99-455)
4 Sec. 27.6. (a) All fees, fines, costs, additional
5penalties, bail balances assessed or forfeited, and any other
6amount paid by a person to the circuit clerk equalling an
7amount of $55 or more, except the fine imposed by Section
85-9-1.15 of the Unified Code of Corrections, the additional fee
9required by subsections (b) and (c), restitution under Section
105-5-6 of the Unified Code of Corrections, contributions to a
11local anti-crime program ordered pursuant to Section
125-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
13Corrections, reimbursement for the costs of an emergency
14response as provided under Section 11-501 of the Illinois
15Vehicle Code, any fees collected for attending a traffic safety
16program under paragraph (c) of Supreme Court Rule 529, any fee
17collected on behalf of a State's Attorney under Section 4-2002
18of the Counties Code or a sheriff under Section 4-5001 of the
19Counties Code, or any cost imposed under Section 124A-5 of the
20Code of Criminal Procedure of 1963, for convictions, orders of
21supervision, or any other disposition for a violation of
22Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
23similar provision of a local ordinance, and any violation of
24the Child Passenger Protection Act, or a similar provision of a
25local ordinance, and except as otherwise provided in this
26Section shall be disbursed within 60 days after receipt by the

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1circuit clerk as follows: 44.5% shall be disbursed to the
2entity authorized by law to receive the fine imposed in the
3case; 16.825% shall be disbursed to the State Treasurer; and
438.675% shall be disbursed to the county's general corporate
5fund. Of the 16.825% disbursed to the State Treasurer, 2/17
6shall be deposited by the State Treasurer into the Violent
7Crime Victims Assistance Fund, 5.052/17 shall be deposited into
8the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
9be deposited into the Drivers Education Fund, and 6.948/17
10shall be deposited into the Trauma Center Fund. Of the 6.948/17
11deposited into the Trauma Center Fund from the 16.825%
12disbursed to the State Treasurer, 50% shall be disbursed to the
13Department of Public Health and 50% shall be disbursed to the
14Department of Healthcare and Family Services. For fiscal year
151993, amounts deposited into the Violent Crime Victims
16Assistance Fund, the Traffic and Criminal Conviction Surcharge
17Fund, or the Drivers Education Fund shall not exceed 110% of
18the amounts deposited into those funds in fiscal year 1991. Any
19amount that exceeds the 110% limit shall be distributed as
20follows: 50% shall be disbursed to the county's general
21corporate fund and 50% shall be disbursed to the entity
22authorized by law to receive the fine imposed in the case. Not
23later than March 1 of each year the circuit clerk shall submit
24a report of the amount of funds remitted to the State Treasurer
25under this Section during the preceding year based upon
26independent verification of fines and fees. All counties shall

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1be subject to this Section, except that counties with a
2population under 2,000,000 may, by ordinance, elect not to be
3subject to this Section. For offenses subject to this Section,
4judges shall impose one total sum of money payable for
5violations. The circuit clerk may add on no additional amounts
6except for amounts that are required by Sections 27.3a and
727.3c of this Act, unless those amounts are specifically waived
8by the judge. With respect to money collected by the circuit
9clerk as a result of forfeiture of bail, ex parte judgment or
10guilty plea pursuant to Supreme Court Rule 529, the circuit
11clerk shall first deduct and pay amounts required by Sections
1227.3a and 27.3c of this Act. This Section is a denial and
13limitation of home rule powers and functions under subsection
14(h) of Section 6 of Article VII of the Illinois Constitution.
15 (b) In addition to any other fines and court costs assessed
16by the courts, any person convicted or receiving an order of
17supervision for driving under the influence of alcohol or drugs
18shall pay an additional fee of $100 to the clerk of the circuit
19court. This amount, less 2 1/2% that shall be used to defray
20administrative costs incurred by the clerk, shall be remitted
21by the clerk to the Treasurer within 60 days after receipt for
22deposit into the Trauma Center Fund. This additional fee of
23$100 shall not be considered a part of the fine for purposes of
24any reduction in the fine for time served either before or
25after sentencing. Not later than March 1 of each year the
26Circuit Clerk shall submit a report of the amount of funds

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1remitted to the State Treasurer under this subsection during
2the preceding calendar year.
3 (b-1) In addition to any other fines and court costs
4assessed by the courts, any person convicted or receiving an
5order of supervision for driving under the influence of alcohol
6or drugs shall pay an additional fee of $5 to the clerk of the
7circuit court. This amount, less 2 1/2% that shall be used to
8defray administrative costs incurred by the clerk, shall be
9remitted by the clerk to the Treasurer within 60 days after
10receipt for deposit into the Spinal Cord Injury Paralysis Cure
11Research Trust Fund. This additional fee of $5 shall not be
12considered a part of the fine for purposes of any reduction in
13the fine for time served either before or after sentencing. Not
14later than March 1 of each year the Circuit Clerk shall submit
15a report of the amount of funds remitted to the State Treasurer
16under this subsection during the preceding calendar year.
17 (c) In addition to any other fines and court costs assessed
18by the courts, any person convicted for a violation of Sections
1924-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or the
20Criminal Code of 2012 or a person sentenced for a violation of
21the Cannabis Control Act, the Illinois Controlled Substances
22Act, or the Methamphetamine Control and Community Protection
23Act shall pay an additional fee of $100 to the clerk of the
24circuit court. This amount, less 2 1/2% that shall be used to
25defray administrative costs incurred by the clerk, shall be
26remitted by the clerk to the Treasurer within 60 days after

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1receipt for deposit into the Trauma Center Fund. This
2additional fee of $100 shall not be considered a part of the
3fine for purposes of any reduction in the fine for time served
4either before or after sentencing. Not later than March 1 of
5each year the Circuit Clerk shall submit a report of the amount
6of funds remitted to the State Treasurer under this subsection
7during the preceding calendar year.
8 (c-1) In addition to any other fines and court costs
9assessed by the courts, any person sentenced for a violation of
10the Cannabis Control Act, the Illinois Controlled Substances
11Act, or the Methamphetamine Control and Community Protection
12Act shall pay an additional fee of $5 to the clerk of the
13circuit court. This amount, less 2 1/2% that shall be used to
14defray administrative costs incurred by the clerk, shall be
15remitted by the clerk to the Treasurer within 60 days after
16receipt for deposit into the Spinal Cord Injury Paralysis Cure
17Research Trust Fund. This additional fee of $5 shall not be
18considered a part of the fine for purposes of any reduction in
19the fine for time served either before or after sentencing. Not
20later than March 1 of each year the Circuit Clerk shall submit
21a report of the amount of funds remitted to the State Treasurer
22under this subsection during the preceding calendar year.
23 (d) The following amounts must be remitted to the State
24Treasurer for deposit into the Illinois Animal Abuse Fund:
25 (1) 50% of the amounts collected for felony offenses
26 under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,

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1 5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
2 Animals Act and Section 26-5 or 48-1 of the Criminal Code
3 of 1961 or the Criminal Code of 2012;
4 (2) 20% of the amounts collected for Class A and Class
5 B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
6 5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
7 for Animals Act and Section 26-5 or 48-1 of the Criminal
8 Code of 1961 or the Criminal Code of 2012; and
9 (3) 50% of the amounts collected for Class C
10 misdemeanors under Sections 4.01 and 7.1 of the Humane Care
11 for Animals Act and Section 26-5 or 48-1 of the Criminal
12 Code of 1961 or the Criminal Code of 2012.
13 (e) Any person who receives a disposition of court
14supervision for a violation of the Illinois Vehicle Code or a
15similar provision of a local ordinance shall, in addition to
16any other fines, fees, and court costs, pay an additional fee
17of $29, to be disbursed as provided in Section 16-104c of the
18Illinois Vehicle Code. In addition to the fee of $29, the
19person shall also pay a fee of $6, if not waived by the court.
20If this $6 fee is collected, $5.50 of the fee shall be
21deposited into the Circuit Court Clerk Operation and
22Administrative Fund created by the Clerk of the Circuit Court
23and 50 cents of the fee shall be deposited into the Prisoner
24Review Board Vehicle and Equipment Fund in the State treasury.
25 (f) This Section does not apply to the additional child
26pornography fines assessed and collected under Section

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15-9-1.14 of the Unified Code of Corrections.
2 (g) (Blank).
3 (h) (Blank).
4 (i) Of the amounts collected as fines under subsection (b)
5of Section 3-712 of the Illinois Vehicle Code, 99% shall be
6deposited into the Illinois Military Family Relief Fund and 1%
7shall be deposited into the Circuit Court Clerk Operation and
8Administrative Fund created by the Clerk of the Circuit Court
9to be used to offset the costs incurred by the Circuit Court
10Clerk in performing the additional duties required to collect
11and disburse funds to entities of State and local government as
12provided by law.
13 (j) Any person convicted of, pleading guilty to, or placed
14on supervision for a serious traffic violation, as defined in
15Section 1-187.001 of the Illinois Vehicle Code, a violation of
16Section 11-501 of the Illinois Vehicle Code, or a violation of
17a similar provision of a local ordinance shall pay an
18additional fee of $35, to be disbursed as provided in Section
1916-104d of that Code.
20 This subsection (j) becomes inoperative on January 1, 2020.
21 (k) For any conviction or disposition of court supervision
22for a violation of Section 11-1429 of the Illinois Vehicle
23Code, the circuit clerk shall distribute the fines paid by the
24person as specified by subsection (h) of Section 11-1429 of the
25Illinois Vehicle Code.
26 (l) Any person who receives a disposition of court

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1supervision for a violation of Section 11-501 of the Illinois
2Vehicle Code or a similar provision of a local ordinance shall,
3in addition to any other fines, fees, and court costs, pay an
4additional fee of $50, which shall be collected by the circuit
5clerk and then remitted to the State Treasurer for deposit as
6follows:
7 (1) $5 into the Roadside Memorial Fund, a special fund
8 in the State treasury. However, the court may waive the fee
9 if full restitution is complied with. Subject to
10 appropriation, all moneys in the Roadside Memorial Fund
11 shall be used by the Department of Transportation to pay
12 fees imposed under subsection (f) of Section 20 of the
13 Roadside Memorial Act. The fee shall be remitted by the
14 circuit clerk within one month after receipt to the State
15 Treasurer for deposit into the Roadside Memorial Fund.
16 (2) $45 into the DUI Prevention and Education Fund.
17 The court may waive the fee if full restitution is complied
18with.
19 (m) Of the amounts collected as fines under subsection (c)
20of Section 411.4 of the Illinois Controlled Substances Act or
21subsection (c) of Section 90 of the Methamphetamine Control and
22Community Protection Act, 99% shall be deposited to the law
23enforcement agency or fund specified and 1% shall be deposited
24into the Circuit Court Clerk Operation and Administrative Fund
25to be used to offset the costs incurred by the Circuit Court
26Clerk in performing the additional duties required to collect

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1and disburse funds to entities of State and local government as
2provided by law.
3 (n) In addition to any other fines and court costs assessed
4by the courts, any person who is convicted of or pleads guilty
5to a violation of the Criminal Code of 1961 or the Criminal
6Code of 2012, or a similar provision of a local ordinance, or
7who is convicted of, pleads guilty to, or receives a
8disposition of court supervision for a violation of the
9Illinois Vehicle Code, or a similar provision of a local
10ordinance, shall pay an additional fee of $15 to the clerk of
11the circuit court. This additional fee of $15 shall not be
12considered a part of the fine for purposes of any reduction in
13the fine for time served either before or after sentencing.
14This amount, less 2.5% that shall be used to defray
15administrative costs incurred by the clerk, shall be remitted
16by the clerk to the State Treasurer within 60 days after
17receipt for deposit into the State Police Merit Board Public
18Safety Fund.
19 (o) The amounts collected as fines under Sections 10-9,
2011-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall
21be collected by the circuit clerk and distributed as provided
22under Section 5-9-1.21 of the Unified Code of Corrections in
23lieu of any disbursement under subsection (a) of this Section.
24 (p) In addition to any other fees and penalties imposed,
25any person who is convicted of or pleads guilty to a violation
26of Section 20-1 or Section 20-1.1 of the Criminal Code of 2012

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1shall pay an additional fee of $250 to the clerk of the circuit
2court. This additional fee of $250 shall not be considered a
3part of the fine for purposes of any reduction in the fine for
4time served either before or after sentencing. This amount,
5less 2.5% that shall be used to defray administrative costs
6incurred by the clerk, shall be remitted by the clerk to the
7Department of Insurance within 60 days after receipt for
8deposit into the George Bailey Memorial Fund.
9(Source: P.A. 98-658, eff. 6-23-14; 98-1013, eff. 1-1-15;
1099-78, eff. 7-20-15; 99-455, eff. 1-1-16.)
11 (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667,
1296-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150,
1398-658, 98-1013, 99-78, and 99-455)
14 Sec. 27.6. (a) All fees, fines, costs, additional
15penalties, bail balances assessed or forfeited, and any other
16amount paid by a person to the circuit clerk equalling an
17amount of $55 or more, except the fine imposed by Section
185-9-1.15 of the Unified Code of Corrections, the additional fee
19required by subsections (b) and (c), restitution under Section
205-5-6 of the Unified Code of Corrections, contributions to a
21local anti-crime program ordered pursuant to Section
225-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
23Corrections, reimbursement for the costs of an emergency
24response as provided under Section 11-501 of the Illinois
25Vehicle Code, any fees collected for attending a traffic safety

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1program under paragraph (c) of Supreme Court Rule 529, any fee
2collected on behalf of a State's Attorney under Section 4-2002
3of the Counties Code or a sheriff under Section 4-5001 of the
4Counties Code, or any cost imposed under Section 124A-5 of the
5Code of Criminal Procedure of 1963, for convictions, orders of
6supervision, or any other disposition for a violation of
7Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
8similar provision of a local ordinance, and any violation of
9the Child Passenger Protection Act, or a similar provision of a
10local ordinance, and except as otherwise provided in this
11Section shall be disbursed within 60 days after receipt by the
12circuit clerk as follows: 44.5% shall be disbursed to the
13entity authorized by law to receive the fine imposed in the
14case; 16.825% shall be disbursed to the State Treasurer; and
1538.675% shall be disbursed to the county's general corporate
16fund. Of the 16.825% disbursed to the State Treasurer, 2/17
17shall be deposited by the State Treasurer into the Violent
18Crime Victims Assistance Fund, 5.052/17 shall be deposited into
19the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
20be deposited into the Drivers Education Fund, and 6.948/17
21shall be deposited into the Trauma Center Fund. Of the 6.948/17
22deposited into the Trauma Center Fund from the 16.825%
23disbursed to the State Treasurer, 50% shall be disbursed to the
24Department of Public Health and 50% shall be disbursed to the
25Department of Healthcare and Family Services. For fiscal year
261993, amounts deposited into the Violent Crime Victims

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1Assistance Fund, the Traffic and Criminal Conviction Surcharge
2Fund, or the Drivers Education Fund shall not exceed 110% of
3the amounts deposited into those funds in fiscal year 1991. Any
4amount that exceeds the 110% limit shall be distributed as
5follows: 50% shall be disbursed to the county's general
6corporate fund and 50% shall be disbursed to the entity
7authorized by law to receive the fine imposed in the case. Not
8later than March 1 of each year the circuit clerk shall submit
9a report of the amount of funds remitted to the State Treasurer
10under this Section during the preceding year based upon
11independent verification of fines and fees. All counties shall
12be subject to this Section, except that counties with a
13population under 2,000,000 may, by ordinance, elect not to be
14subject to this Section. For offenses subject to this Section,
15judges shall impose one total sum of money payable for
16violations. The circuit clerk may add on no additional amounts
17except for amounts that are required by Sections 27.3a and
1827.3c of this Act, Section 16-104c of the Illinois Vehicle
19Code, and subsection (a) of Section 5-1101 of the Counties
20Code, unless those amounts are specifically waived by the
21judge. With respect to money collected by the circuit clerk as
22a result of forfeiture of bail, ex parte judgment or guilty
23plea pursuant to Supreme Court Rule 529, the circuit clerk
24shall first deduct and pay amounts required by Sections 27.3a
25and 27.3c of this Act. Unless a court ordered payment schedule
26is implemented or fee requirements are waived pursuant to court

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1order, the clerk of the court may add to any unpaid fees and
2costs a delinquency amount equal to 5% of the unpaid fees that
3remain unpaid after 30 days, 10% of the unpaid fees that remain
4unpaid after 60 days, and 15% of the unpaid fees that remain
5unpaid after 90 days. Notice to those parties may be made by
6signage posting or publication. The additional delinquency
7amounts collected under this Section shall be deposited in the
8Circuit Court Clerk Operation and Administrative Fund to be
9used to defray administrative costs incurred by the circuit
10clerk in performing the duties required to collect and disburse
11funds. This Section is a denial and limitation of home rule
12powers and functions under subsection (h) of Section 6 of
13Article VII of the Illinois Constitution.
14 (b) In addition to any other fines and court costs assessed
15by the courts, any person convicted or receiving an order of
16supervision for driving under the influence of alcohol or drugs
17shall pay an additional fee of $100 to the clerk of the circuit
18court. This amount, less 2 1/2% that shall be used to defray
19administrative costs incurred by the clerk, shall be remitted
20by the clerk to the Treasurer within 60 days after receipt for
21deposit into the Trauma Center Fund. This additional fee of
22$100 shall not be considered a part of the fine for purposes of
23any reduction in the fine for time served either before or
24after sentencing. Not later than March 1 of each year the
25Circuit Clerk shall submit a report of the amount of funds
26remitted to the State Treasurer under this subsection during

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1the preceding calendar year.
2 (b-1) In addition to any other fines and court costs
3assessed by the courts, any person convicted or receiving an
4order of supervision for driving under the influence of alcohol
5or drugs shall pay an additional fee of $5 to the clerk of the
6circuit court. This amount, less 2 1/2% that shall be used to
7defray administrative costs incurred by the clerk, shall be
8remitted by the clerk to the Treasurer within 60 days after
9receipt for deposit into the Spinal Cord Injury Paralysis Cure
10Research Trust Fund. This additional fee of $5 shall not be
11considered a part of the fine for purposes of any reduction in
12the fine for time served either before or after sentencing. Not
13later than March 1 of each year the Circuit Clerk shall submit
14a report of the amount of funds remitted to the State Treasurer
15under this subsection during the preceding calendar year.
16 (c) In addition to any other fines and court costs assessed
17by the courts, any person convicted for a violation of Sections
1824-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or the
19Criminal Code of 2012 or a person sentenced for a violation of
20the Cannabis Control Act, the Illinois Controlled Substances
21Act, or the Methamphetamine Control and Community Protection
22Act shall pay an additional fee of $100 to the clerk of the
23circuit court. This amount, less 2 1/2% that shall be used to
24defray administrative costs incurred by the clerk, shall be
25remitted by the clerk to the Treasurer within 60 days after
26receipt for deposit into the Trauma Center Fund. This

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1additional fee of $100 shall not be considered a part of the
2fine for purposes of any reduction in the fine for time served
3either before or after sentencing. Not later than March 1 of
4each year the Circuit Clerk shall submit a report of the amount
5of funds remitted to the State Treasurer under this subsection
6during the preceding calendar year.
7 (c-1) In addition to any other fines and court costs
8assessed by the courts, any person sentenced for a violation of
9the Cannabis Control Act, the Illinois Controlled Substances
10Act, or the Methamphetamine Control and Community Protection
11Act shall pay an additional fee of $5 to the clerk of the
12circuit court. This amount, less 2 1/2% that shall be used to
13defray administrative costs incurred by the clerk, shall be
14remitted by the clerk to the Treasurer within 60 days after
15receipt for deposit into the Spinal Cord Injury Paralysis Cure
16Research Trust Fund. This additional fee of $5 shall not be
17considered a part of the fine for purposes of any reduction in
18the fine for time served either before or after sentencing. Not
19later than March 1 of each year the Circuit Clerk shall submit
20a report of the amount of funds remitted to the State Treasurer
21under this subsection during the preceding calendar year.
22 (d) The following amounts must be remitted to the State
23Treasurer for deposit into the Illinois Animal Abuse Fund:
24 (1) 50% of the amounts collected for felony offenses
25 under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
26 5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for

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1 Animals Act and Section 26-5 or 48-1 of the Criminal Code
2 of 1961 or the Criminal Code of 2012;
3 (2) 20% of the amounts collected for Class A and Class
4 B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
5 5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
6 for Animals Act and Section 26-5 or 48-1 of the Criminal
7 Code of 1961 or the Criminal Code of 2012; and
8 (3) 50% of the amounts collected for Class C
9 misdemeanors under Sections 4.01 and 7.1 of the Humane Care
10 for Animals Act and Section 26-5 or 48-1 of the Criminal
11 Code of 1961 or the Criminal Code of 2012.
12 (e) Any person who receives a disposition of court
13supervision for a violation of the Illinois Vehicle Code or a
14similar provision of a local ordinance shall, in addition to
15any other fines, fees, and court costs, pay an additional fee
16of $29, to be disbursed as provided in Section 16-104c of the
17Illinois Vehicle Code. In addition to the fee of $29, the
18person shall also pay a fee of $6, if not waived by the court.
19If this $6 fee is collected, $5.50 of the fee shall be
20deposited into the Circuit Court Clerk Operation and
21Administrative Fund created by the Clerk of the Circuit Court
22and 50 cents of the fee shall be deposited into the Prisoner
23Review Board Vehicle and Equipment Fund in the State treasury.
24 (f) This Section does not apply to the additional child
25pornography fines assessed and collected under Section
265-9-1.14 of the Unified Code of Corrections.

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1 (g) Any person convicted of or pleading guilty to a serious
2traffic violation, as defined in Section 1-187.001 of the
3Illinois Vehicle Code, shall pay an additional fee of $35, to
4be disbursed as provided in Section 16-104d of that Code. This
5subsection (g) becomes inoperative on January 1, 2020.
6 (h) In all counties having a population of 3,000,000 or
7more inhabitants,
8 (1) A person who is found guilty of or pleads guilty to
9 violating subsection (a) of Section 11-501 of the Illinois
10 Vehicle Code, including any person placed on court
11 supervision for violating subsection (a), shall be fined
12 $750 as provided for by subsection (f) of Section 11-501.01
13 of the Illinois Vehicle Code, payable to the circuit clerk,
14 who shall distribute the money pursuant to subsection (f)
15 of Section 11-501.01 of the Illinois Vehicle Code.
16 (2) When a crime laboratory DUI analysis fee of $150,
17 provided for by Section 5-9-1.9 of the Unified Code of
18 Corrections is assessed, it shall be disbursed by the
19 circuit clerk as provided by subsection (f) of Section
20 5-9-1.9 of the Unified Code of Corrections.
21 (3) When a fine for a violation of Section 11-605.1 of
22 the Illinois Vehicle Code is $250 or greater, the person
23 who violated that Section shall be charged an additional
24 $125 as provided for by subsection (e) of Section 11-605.1
25 of the Illinois Vehicle Code, which shall be disbursed by
26 the circuit clerk to a State or county Transportation

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1 Safety Highway Hire-back Fund as provided by subsection (e)
2 of Section 11-605.1 of the Illinois Vehicle Code.
3 (4) When a fine for a violation of subsection (a) of
4 Section 11-605 of the Illinois Vehicle Code is $150 or
5 greater, the additional $50 which is charged as provided
6 for by subsection (f) of Section 11-605 of the Illinois
7 Vehicle Code shall be disbursed by the circuit clerk to a
8 school district or districts for school safety purposes as
9 provided by subsection (f) of Section 11-605.
10 (5) When a fine for a violation of subsection (a) of
11 Section 11-1002.5 of the Illinois Vehicle Code is $150 or
12 greater, the additional $50 which is charged as provided
13 for by subsection (c) of Section 11-1002.5 of the Illinois
14 Vehicle Code shall be disbursed by the circuit clerk to a
15 school district or districts for school safety purposes as
16 provided by subsection (c) of Section 11-1002.5 of the
17 Illinois Vehicle Code.
18 (6) When a mandatory drug court fee of up to $5 is
19 assessed as provided in subsection (f) of Section 5-1101 of
20 the Counties Code, it shall be disbursed by the circuit
21 clerk as provided in subsection (f) of Section 5-1101 of
22 the Counties Code.
23 (7) When a mandatory teen court, peer jury, youth
24 court, or other youth diversion program fee is assessed as
25 provided in subsection (e) of Section 5-1101 of the
26 Counties Code, it shall be disbursed by the circuit clerk

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1 as provided in subsection (e) of Section 5-1101 of the
2 Counties Code.
3 (8) When a Children's Advocacy Center fee is assessed
4 pursuant to subsection (f-5) of Section 5-1101 of the
5 Counties Code, it shall be disbursed by the circuit clerk
6 as provided in subsection (f-5) of Section 5-1101 of the
7 Counties Code.
8 (9) When a victim impact panel fee is assessed pursuant
9 to subsection (b) of Section 11-501.01 of the Vehicle Code,
10 it shall be disbursed by the circuit clerk to the victim
11 impact panel to be attended by the defendant.
12 (10) When a new fee collected in traffic cases is
13 enacted after the effective date of this subsection (h), it
14 shall be excluded from the percentage disbursement
15 provisions of this Section unless otherwise indicated by
16 law.
17 (i) Of the amounts collected as fines under subsection (b)
18of Section 3-712 of the Illinois Vehicle Code, 99% shall be
19deposited into the Illinois Military Family Relief Fund and 1%
20shall be deposited into the Circuit Court Clerk Operation and
21Administrative Fund created by the Clerk of the Circuit Court
22to be used to offset the costs incurred by the Circuit Court
23Clerk in performing the additional duties required to collect
24and disburse funds to entities of State and local government as
25provided by law.
26 (j) (Blank).

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1 (k) For any conviction or disposition of court supervision
2for a violation of Section 11-1429 of the Illinois Vehicle
3Code, the circuit clerk shall distribute the fines paid by the
4person as specified by subsection (h) of Section 11-1429 of the
5Illinois Vehicle Code.
6 (l) Any person who receives a disposition of court
7supervision for a violation of Section 11-501 of the Illinois
8Vehicle Code or a similar provision of a local ordinance shall,
9in addition to any other fines, fees, and court costs, pay an
10additional fee of $50, which shall be collected by the circuit
11clerk and then remitted to the State Treasurer for deposit as
12follows:
13 (1) $5 into the Roadside Memorial Fund, a special fund
14 in the State treasury. However, the court may waive the fee
15 if full restitution is complied with. Subject to
16 appropriation, all moneys in the Roadside Memorial Fund
17 shall be used by the Department of Transportation to pay
18 fees imposed under subsection (f) of Section 20 of the
19 Roadside Memorial Act. The fee shall be remitted by the
20 circuit clerk within one month after receipt to the State
21 Treasurer for deposit into the Roadside Memorial Fund.
22 (2) $45 into the DUI Prevention and Education Fund.
23 The court may waive the fee if full restitution is complied
24with.
25 (m) Of the amounts collected as fines under subsection (c)
26of Section 411.4 of the Illinois Controlled Substances Act or

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1subsection (c) of Section 90 of the Methamphetamine Control and
2Community Protection Act, 99% shall be deposited to the law
3enforcement agency or fund specified and 1% shall be deposited
4into the Circuit Court Clerk Operation and Administrative Fund
5to be used to offset the costs incurred by the Circuit Court
6Clerk in performing the additional duties required to collect
7and disburse funds to entities of State and local government as
8provided by law.
9 (n) In addition to any other fines and court costs assessed
10by the courts, any person who is convicted of or pleads guilty
11to a violation of the Criminal Code of 1961 or the Criminal
12Code of 2012, or a similar provision of a local ordinance, or
13who is convicted of, pleads guilty to, or receives a
14disposition of court supervision for a violation of the
15Illinois Vehicle Code, or a similar provision of a local
16ordinance, shall pay an additional fee of $15 to the clerk of
17the circuit court. This additional fee of $15 shall not be
18considered a part of the fine for purposes of any reduction in
19the fine for time served either before or after sentencing.
20This amount, less 2.5% that shall be used to defray
21administrative costs incurred by the clerk, shall be remitted
22by the clerk to the State Treasurer within 60 days after
23receipt for deposit into the State Police Merit Board Public
24Safety Fund.
25 (o) The amounts collected as fines under Sections 10-9,
2611-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall

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1be collected by the circuit clerk and distributed as provided
2under Section 5-9-1.21 of the Unified Code of Corrections in
3lieu of any disbursement under subsection (a) of this Section.
4 (p) In addition to any other fees and penalties imposed,
5any person who is convicted of or pleads guilty to a violation
6of Section 20-1 or Section 20-1.1 of the Criminal Code of 2012
7shall pay an additional fee of $250 to the clerk of the circuit
8court. This additional fee of $250 shall not be considered a
9part of the fine for purposes of any reduction in the fine for
10time served either before or after sentencing. This amount,
11less 2.5% that shall be used to defray administrative costs
12incurred by the clerk, shall be remitted by the clerk to the
13Department of Insurance within 60 days after receipt for
14deposit into the George Bailey Memorial Fund.
15(Source: P.A. 98-658, eff. 6-23-14; 98-1013, eff. 1-1-15;
1699-78, eff. 7-20-15; 99-455, eff. 1-1-16.)
17 Section 35. The Unified Code of Corrections is amended by
18changing Section 5-9-1.18 as follows:
19 (730 ILCS 5/5-9-1.18)
20 Sec. 5-9-1.18. Fee; Roadside Memorial Fund and DUI
21Prevention and Education Fund. A person who is convicted or
22receives a disposition of court supervision for a violation of
23Section 11-501 of the Illinois Vehicle Code shall, in addition
24to any other disposition, penalty, or fine imposed, pay a fee

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1of $50 which shall be collected by the clerk of the court and
2then remitted to the State Treasurer for deposit as follows:
3 (1) $5 into the Roadside Memorial Fund, a special fund
4 that is created in the State treasury. However, the court
5 may waive the fee if full restitution is complied with.
6 Subject to appropriation, all moneys in the Roadside
7 Memorial Fund shall be used by the Department of
8 Transportation to pay fees imposed under subsection (f) of
9 Section 20 of the Roadside Memorial Act.
10 (2) $45 into the DUI Prevention and Education Fund.
11 The court may waive the fee if full restitution is complied
12with.
13(Source: P.A. 96-667, eff. 8-25-09; 96-1000, eff. 7-2-10.)
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