Bill Text: IL SB1328 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Unified Code of Corrections. Provides that the $25 assessment for drug related offenses appropriated to and administered by the Illinois Criminal Justice Information Authority shall be distributed to fund Department of State Police drug task forces and Metropolitan Enforcement Groups by dividing the funds equally by the total number of Department of State Police drug task forces and Illinois Metropolitan Enforcement Groups.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2017-07-06 - House Floor Amendment No. 4 Rule 19(a) / Re-referred to Rules Committee [SB1328 Detail]

Download: Illinois-2017-SB1328-Engrossed.html



SB1328 EngrossedLRB100 08307 RLC 18410 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Unified Code of Corrections is amended by
5changing Sections 5-9-1.1 and 5-9-1.5 as follows:
6 (730 ILCS 5/5-9-1.1) (from Ch. 38, par. 1005-9-1.1)
7 (Text of Section from P.A. 94-550, 96-132, 96-402, 96-1234,
897-545, 98-537, and 99-480)
9 Sec. 5-9-1.1. Drug related offenses.
10 (a) When a person has been adjudged guilty of a drug
11related offense involving possession or delivery of cannabis or
12possession or delivery of a controlled substance, other than
13methamphetamine, as defined in the Cannabis Control Act, as
14amended, or the Illinois Controlled Substances Act, as amended,
15in addition to any other penalty imposed, a fine shall be
16levied by the court at not less than the full street value of
17the cannabis or controlled substances seized.
18 "Street value" shall be determined by the court on the
19basis of testimony of law enforcement personnel and the
20defendant as to the amount seized and such testimony as may be
21required by the court as to the current street value of the
22cannabis or controlled substance seized.
23 (b) In addition to any penalty imposed under subsection (a)

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1of this Section, a fine of $100 shall be levied by the court,
2the proceeds of which shall be collected by the Circuit Clerk
3and remitted to the State Treasurer under Section 27.6 of the
4Clerks of Courts Act for deposit into the Trauma Center Fund
5for distribution as provided under Section 3.225 of the
6Emergency Medical Services (EMS) Systems Act.
7 (c) In addition to any penalty imposed under subsection (a)
8of this Section, a fee of $5 shall be assessed by the court,
9the proceeds of which shall be collected by the Circuit Clerk
10and remitted to the State Treasurer under Section 27.6 of the
11Clerks of Courts Act for deposit into the Spinal Cord Injury
12Paralysis Cure Research Trust Fund. This additional fee of $5
13shall not be considered a part of the fine for purposes of any
14reduction in the fine for time served either before or after
15sentencing.
16 (d) In addition to any penalty imposed under subsection (a)
17of this Section for a drug related offense involving possession
18or delivery of cannabis or possession or delivery of a
19controlled substance as defined in the Cannabis Control Act,
20the Illinois Controlled Substances Act, or the Methamphetamine
21Control and Community Protection Act, a fee of $50 shall be
22assessed by the court, the proceeds of which shall be collected
23by the Circuit Clerk and remitted to the State Treasurer under
24Section 27.6 of the Clerks of Courts Act for deposit into the
25Performance-enhancing Substance Testing Fund. This additional
26fee of $50 shall not be considered a part of the fine for

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1purposes of any reduction in the fine for time served either
2before or after sentencing. The provisions of this subsection
3(d), other than this sentence, are inoperative after June 30,
42011.
5 (e) In addition to any penalty imposed under subsection (a)
6of this Section, a $25 assessment shall be assessed by the
7court, the proceeds of which shall be collected by the Circuit
8Clerk and remitted to the State Treasurer for deposit into the
9Criminal Justice Information Projects Fund. The moneys
10deposited into the Criminal Justice Information Projects Fund
11under this Section shall be appropriated to and administered by
12the Illinois Criminal Justice Information Authority for
13distribution to fund Department of State Police funding of drug
14task forces and Metropolitan Enforcement Groups by dividing the
15funds equally by the total number of Department of State Police
16drug task forces and Illinois Metropolitan Enforcement Groups.
17 (f) In addition to any penalty imposed under subsection (a)
18of this Section, a $40 assessment shall be assessed by the
19court, the proceeds of which shall be collected by the Circuit
20Clerk. Of the collected proceeds, (i) 90% shall be remitted to
21the State Treasurer for deposit into the Prescription Pill and
22Drug Disposal Fund; (ii) 5% shall be remitted for deposit into
23the Criminal Justice Information Projects Fund, for use by the
24Illinois Criminal Justice Information Authority for the costs
25associated with making grants from the Prescription Pill and
26Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%

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1for deposit into the Circuit Court Clerk Operation and
2Administrative Fund for the costs associated with
3administering this subsection.
4(Source: P.A. 98-537, eff. 8-23-13; 99-480, eff. 9-9-15.)
5 (Text of Section from P.A. 94-556, 96-132, 96-402, 96-1234,
697-545, 98-537, and 99-480)
7 Sec. 5-9-1.1. Drug related offenses.
8 (a) When a person has been adjudged guilty of a drug
9related offense involving possession or delivery of cannabis or
10possession or delivery of a controlled substance as defined in
11the Cannabis Control Act, the Illinois Controlled Substances
12Act, or the Methamphetamine Control and Community Protection
13Act, in addition to any other penalty imposed, a fine shall be
14levied by the court at not less than the full street value of
15the cannabis or controlled substances seized.
16 "Street value" shall be determined by the court on the
17basis of testimony of law enforcement personnel and the
18defendant as to the amount seized and such testimony as may be
19required by the court as to the current street value of the
20cannabis or controlled substance seized.
21 (b) In addition to any penalty imposed under subsection (a)
22of this Section, a fine of $100 shall be levied by the court,
23the proceeds of which shall be collected by the Circuit Clerk
24and remitted to the State Treasurer under Section 27.6 of the
25Clerks of Courts Act for deposit into the Trauma Center Fund

SB1328 Engrossed- 5 -LRB100 08307 RLC 18410 b
1for distribution as provided under Section 3.225 of the
2Emergency Medical Services (EMS) Systems Act.
3 (c) In addition to any penalty imposed under subsection (a)
4of this Section, a fee of $5 shall be assessed by the court,
5the proceeds of which shall be collected by the Circuit Clerk
6and remitted to the State Treasurer under Section 27.6 of the
7Clerks of Courts Act for deposit into the Spinal Cord Injury
8Paralysis Cure Research Trust Fund. This additional fee of $5
9shall not be considered a part of the fine for purposes of any
10reduction in the fine for time served either before or after
11sentencing.
12 (d) In addition to any penalty imposed under subsection (a)
13of this Section for a drug related offense involving possession
14or delivery of cannabis or possession or delivery of a
15controlled substance as defined in the Cannabis Control Act,
16the Illinois Controlled Substances Act, or the Methamphetamine
17Control and Community Protection Act, a fee of $50 shall be
18assessed by the court, the proceeds of which shall be collected
19by the Circuit Clerk and remitted to the State Treasurer under
20Section 27.6 of the Clerks of Courts Act for deposit into the
21Performance-enhancing Substance Testing Fund. This additional
22fee of $50 shall not be considered a part of the fine for
23purposes of any reduction in the fine for time served either
24before or after sentencing. The provisions of this subsection
25(d), other than this sentence, are inoperative after June 30,
262011.

SB1328 Engrossed- 6 -LRB100 08307 RLC 18410 b
1 (e) In addition to any penalty imposed under subsection (a)
2of this Section, a $25 assessment shall be assessed by the
3court, the proceeds of which shall be collected by the Circuit
4Clerk and remitted to the State Treasurer for deposit into the
5Criminal Justice Information Projects Fund. The moneys
6deposited into the Criminal Justice Information Projects Fund
7under this Section shall be appropriated to and administered by
8the Illinois Criminal Justice Information Authority for
9distribution to fund Department of State Police funding of drug
10task forces and Metropolitan Enforcement Groups by dividing the
11funds equally by the total number of Department of State Police
12drug task forces and Illinois Metropolitan Enforcement Groups.
13 (f) In addition to any penalty imposed under subsection (a)
14of this Section, a $40 assessment shall be assessed by the
15court, the proceeds of which shall be collected by the Circuit
16Clerk. Of the collected proceeds, (i) 90% shall be remitted to
17the State Treasurer for deposit into the Prescription Pill and
18Drug Disposal Fund; (ii) 5% shall be remitted for deposit into
19the Criminal Justice Information Projects Fund, for use by the
20Illinois Criminal Justice Information Authority for the costs
21associated with making grants from the Prescription Pill and
22Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%
23for deposit into the Circuit Court Clerk Operation and
24Administrative Fund for the costs associated with
25administering this subsection.
26(Source: P.A. 98-537, eff. 8-23-13; 99-480, eff. 9-9-15.)

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

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

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1Administrative Fund for the costs associated with
2administering this subsection.
3(Source: P.A. 98-537, eff. 8-23-13; 99-480, eff. 9-9-15.)
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