Bill Text: IL SB1581 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Unified Code of Corrections. In provisions concerning authorized fines, provides that an additional penalty is imposed in sentencing for an offense concerning vehicle wheel and axle loads and gross weights of $15 for each $40 of the first $330, or fraction thereof, of fine imposed for a violation and $10 for each subsequent $40, or fraction thereof, of fine imposed for a violation following the initial $15 surcharge for each $40 of the first $330 of fine imposed (rather than an additional penalty of $15 for each $40, or fraction thereof, of fine imposed). Effective immediately.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2017-05-31 - Final Action Deadline Extended-9(b) June 30, 2017 [SB1581 Detail]

Download: Illinois-2017-SB1581-Engrossed.html



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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 Section 5-9-1 as follows:
6 (730 ILCS 5/5-9-1) (from Ch. 38, par. 1005-9-1)
7 Sec. 5-9-1. Authorized fines.
8 (a) An offender may be sentenced to pay a fine as provided
9in Article 4.5 of Chapter V.
10 (b) (Blank.)
11 (c) There shall be added to every fine imposed in
12sentencing for a criminal or traffic offense, except an offense
13relating to parking or registration, or offense by a
14pedestrian, an additional penalty of $15 for each $40, or
15fraction thereof, of fine imposed for violations other than
16violations of Section 15-111 of the Illinois Vehicle Code; $15
17for each $40 of the first $330, or fraction thereof, of fine
18imposed for a violation of Section 15-111 of the Illinois
19Vehicle Code and $10 for each subsequent $40, or fraction
20thereof, of fine imposed for violation of Section 15-111 of the
21Illinois Vehicle Code, following the initial $15 additional
22penalty for each $40 of the first $330 of fine imposed. The
23additional penalty under this subsection (c) of $15 for each

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1$40, or fraction thereof, of fine imposed, if not otherwise
2assessed, shall also be added to every fine imposed upon a plea
3of guilty, stipulation of facts or findings of guilty,
4resulting in a judgment of conviction, or order of supervision
5in criminal, traffic, local ordinance, county ordinance, and
6conservation cases (except parking, registration, or
7pedestrian violations), or upon a sentence of probation without
8entry of judgment under Section 10 of the Cannabis Control Act,
9Section 410 of the Illinois Controlled Substances Act, or
10Section 70 of the Methamphetamine Control and Community
11Protection Act.
12 Such additional amounts shall be assessed by the court
13imposing the fine and shall be collected by the Circuit Clerk
14in addition to the fine and costs in the case. Each such
15additional penalty shall be remitted by the Circuit Clerk
16within one month after receipt to the State Treasurer. The
17State Treasurer shall deposit $1 for each $40, or fraction
18thereof, of fine imposed into the LEADS Maintenance Fund. The
19State Treasurer shall deposit $3 for each $40, or fraction
20thereof, of fine imposed into the Law Enforcement Camera Grant
21Fund. The remaining surcharge amount shall be deposited into
22the Traffic and Criminal Conviction Surcharge Fund, unless the
23fine, costs or additional amounts are subject to disbursement
24by the circuit clerk under Section 27.5 of the Clerks of Courts
25Act. Such additional penalty shall not be considered a part of
26the fine for purposes of any reduction in the fine for time

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1served either before or after sentencing. Not later than March
21 of each year the Circuit Clerk shall submit a report of the
3amount of funds remitted to the State Treasurer under this
4subsection (c) during the preceding calendar year. Except as
5otherwise provided by Supreme Court Rules, if a court in
6imposing a fine against an offender levies a gross amount for
7fine, costs, fees and penalties, the amount of the additional
8penalty provided for herein shall be computed on the amount
9remaining after deducting from the gross amount levied all fees
10of the Circuit Clerk, the State's Attorney and the Sheriff.
11After deducting from the gross amount levied the fees and
12additional penalty provided for herein, less any other
13additional penalties provided by law, the clerk shall remit the
14net balance remaining to the entity authorized by law to
15receive the fine imposed in the case. For purposes of this
16Section "fees of the Circuit Clerk" shall include, if
17applicable, the fee provided for under Section 27.3a of the
18Clerks of Courts Act and the fee, if applicable, payable to the
19county in which the violation occurred pursuant to Section
205-1101 of the Counties Code.
21 (c-5) In addition to the fines imposed by subsection (c),
22any person convicted or receiving an order of supervision for
23driving under the influence of alcohol or drugs shall pay an
24additional $100 fee to the clerk. This additional fee, less 2
251/2% that shall be used to defray administrative costs incurred
26by the clerk, shall be remitted by the clerk to the Treasurer

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1within 60 days after receipt for deposit into the Trauma Center
2Fund. This additional fee of $100 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. Not later than
5March 1 of each year the Circuit Clerk shall submit a report of
6the amount of funds remitted to the State Treasurer under this
7subsection (c-5) during the preceding calendar year.
8 The Circuit Clerk may accept payment of fines and costs by
9credit card from an offender who has been convicted of a
10traffic offense, petty offense or misdemeanor and may charge
11the service fee permitted where fines and costs are paid by
12credit card provided for in Section 27.3b of the Clerks of
13Courts Act.
14 (c-7) In addition to the fines imposed by subsection (c),
15any person convicted or receiving an order of supervision for
16driving under the influence of alcohol or drugs shall pay an
17additional $5 fee to the clerk. This additional fee, less 2
181/2% that shall be used to defray administrative costs incurred
19by the clerk, shall be remitted by the clerk to the Treasurer
20within 60 days after receipt for deposit into the Spinal Cord
21Injury Paralysis Cure Research Trust Fund. This additional fee
22of $5 shall not be considered a part of the fine for purposes
23of any 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 (c-7)

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1during the preceding calendar year.
2 (c-9) (Blank).
3 (d) In determining the amount and method of payment of a
4fine, except for those fines established for violations of
5Chapter 15 of the Illinois Vehicle Code, the court shall
6consider:
7 (1) the financial resources and future ability of the
8 offender to pay the fine; and
9 (2) whether the fine will prevent the offender from
10 making court ordered restitution or reparation to the
11 victim of the offense; and
12 (3) in a case where the accused is a dissolved
13 corporation and the court has appointed counsel to
14 represent the corporation, the costs incurred either by the
15 county or the State for such representation.
16 (e) The court may order the fine to be paid forthwith or
17within a specified period of time or in installments.
18 (f) All fines, costs and additional amounts imposed under
19this Section for any violation of Chapters 3, 4, 6, and 11 of
20the Illinois Vehicle Code, or a similar provision of a local
21ordinance, and any violation of the Child Passenger Protection
22Act, or a similar provision of a local ordinance, shall be
23collected and disbursed by the circuit clerk as provided under
24Section 27.5 of the Clerks of Courts Act.
25(Source: P.A. 99-352, eff. 1-1-16.)
26 Section 99. Effective date. This Act takes effect upon

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1becoming law.
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