Bill Text: IL SB1862 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Unified Code of Corrections. Provides that the $25 assessment for drug related and methamphetamine related offenses shall be deposited into the Criminal Justice Information Projects Fund (rather than the Drug Traffic Prevention Fund) and that moneys in the Fund received under these provisions shall be appropriated to and administered by the Illinois Criminal Justice Information Authority (rather than the Department of State Police) for funding of drug task forces and Metropolitan Enforcement Groups in accordance with the Intergovernmental Drug Laws Enforcement Act. Effective July 1, 2013.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2013-08-23 - Public Act . . . . . . . . . 98-0537 [SB1862 Detail]
Download: Illinois-2013-SB1862-Amended.html
Bill Title: Amends the Unified Code of Corrections. Provides that the $25 assessment for drug related and methamphetamine related offenses shall be deposited into the Criminal Justice Information Projects Fund (rather than the Drug Traffic Prevention Fund) and that moneys in the Fund received under these provisions shall be appropriated to and administered by the Illinois Criminal Justice Information Authority (rather than the Department of State Police) for funding of drug task forces and Metropolitan Enforcement Groups in accordance with the Intergovernmental Drug Laws Enforcement Act. Effective July 1, 2013.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2013-08-23 - Public Act . . . . . . . . . 98-0537 [SB1862 Detail]
Download: Illinois-2013-SB1862-Amended.html
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1 | AMENDMENT TO SENATE BILL 1862
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2 | AMENDMENT NO. ______. Amend Senate Bill 1862 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Unified Code of Corrections is amended by | ||||||
5 | changing Sections 5-9-1.1 and 5-9-1.1-5 as follows:
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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, | ||||||
8 | and 97-545) | ||||||
9 | Sec. 5-9-1.1. Drug related offenses. | ||||||
10 | (a) When a person has been adjudged guilty of a drug | ||||||
11 | related
offense involving possession or delivery of cannabis or | ||||||
12 | possession or delivery
of a controlled substance, other than | ||||||
13 | methamphetamine, as defined in the Cannabis Control Act, as | ||||||
14 | amended,
or the Illinois Controlled Substances Act, as amended, | ||||||
15 | in addition to any
other penalty imposed, a fine shall be | ||||||
16 | levied by the court at not less than
the full street value of |
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1 | the cannabis or controlled substances seized. | ||||||
2 | "Street value" shall be determined by the court on the | ||||||
3 | basis of testimony
of law enforcement personnel and the | ||||||
4 | defendant as to the amount seized and
such testimony as may be | ||||||
5 | required by the court as to the current street
value of the | ||||||
6 | cannabis or controlled substance seized. | ||||||
7 | (b) In addition to any penalty imposed under subsection (a) | ||||||
8 | of this
Section, a fine of
$100 shall be levied by the court, | ||||||
9 | the proceeds of which
shall be collected by the Circuit Clerk | ||||||
10 | and remitted to the State Treasurer
under Section 27.6 of the | ||||||
11 | Clerks of Courts Act
for deposit into the Trauma
Center Fund | ||||||
12 | for distribution as provided under Section 3.225 of the | ||||||
13 | Emergency
Medical Services (EMS) Systems Act. | ||||||
14 | (c) In addition to any penalty imposed under subsection (a) | ||||||
15 | of this
Section, a fee of $5 shall be assessed by the court, | ||||||
16 | the proceeds of which
shall be collected by the Circuit Clerk | ||||||
17 | and remitted to the State Treasurer
under Section 27.6 of the | ||||||
18 | Clerks of Courts Act for deposit into the Spinal Cord
Injury | ||||||
19 | Paralysis Cure Research Trust Fund.
This additional fee of $5 | ||||||
20 | shall not be considered a part of the fine for
purposes of any | ||||||
21 | reduction in the fine for time served either before or after
| ||||||
22 | sentencing. | ||||||
23 | (d) In addition to any penalty imposed under subsection (a) | ||||||
24 | of this
Section for a drug related
offense involving possession | ||||||
25 | or delivery
of cannabis or possession or delivery of a | ||||||
26 | controlled substance as defined in the Cannabis Control Act, |
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1 | the Illinois Controlled Substances Act, or the Methamphetamine | ||||||
2 | Control and Community Protection Act, a fee of $50 shall be | ||||||
3 | assessed by the court, the proceeds of which
shall be collected | ||||||
4 | by the Circuit Clerk and remitted to the State Treasurer
under | ||||||
5 | Section 27.6 of the Clerks of Courts Act for deposit into the | ||||||
6 | Performance-enhancing Substance Testing Fund.
This additional | ||||||
7 | fee of $50 shall not be considered a part of the fine for
| ||||||
8 | purposes of any reduction in the fine for time served either | ||||||
9 | before or after
sentencing. The provisions of this subsection | ||||||
10 | (d), other than this sentence, are inoperative after June 30, | ||||||
11 | 2011. | ||||||
12 | (e) In addition to any penalty imposed under subsection (a) | ||||||
13 | of this
Section, a $25 assessment shall be assessed by the | ||||||
14 | court, the proceeds of which
shall be collected by the Circuit | ||||||
15 | Clerk and remitted to the State Treasurer for deposit into the | ||||||
16 | Criminal Justice Information Projects Fund Drug Traffic | ||||||
17 | Prevention Fund . The moneys deposited into the Criminal Justice | ||||||
18 | Information Projects Fund under Drug Traffic Prevention Fund | ||||||
19 | pursuant to this Section shall be appropriated to and | ||||||
20 | administered by the Illinois Criminal Justice Information | ||||||
21 | Authority Department of State Police for funding of drug task | ||||||
22 | forces and Metropolitan Enforcement Groups in accordance with | ||||||
23 | the Intergovernmental Drug Laws Enforcement Act . | ||||||
24 | (f) In addition to any penalty imposed under subsection (a) | ||||||
25 | of this
Section, a $20 assessment shall be assessed by the | ||||||
26 | court, the proceeds of which
shall be collected by the Circuit |
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1 | Clerk. Of the collected proceeds, (i) 90% shall be remitted to | ||||||
2 | the State Treasurer for deposit into the Prescription Pill and | ||||||
3 | Drug Disposal Fund; (ii) 5% shall be remitted for deposit into | ||||||
4 | the Criminal Justice Information Projects Fund, for use by the | ||||||
5 | Illinois Criminal Justice Information Authority for the costs | ||||||
6 | associated with making grants from the Prescription Pill and | ||||||
7 | Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5% | ||||||
8 | for deposit into the Circuit Court Clerk Operation and | ||||||
9 | Administrative Fund for the costs associated with | ||||||
10 | administering this subsection. | ||||||
11 | (Source: P.A. 96-132, eff. 8-7-09; 96-402, eff. 1-1-10; | ||||||
12 | 96-1234, eff. 7-23-10; 97-545, eff. 1-1-12; revised 9-14-11.)
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13 | (Text of Section from P.A. 94-556, 96-132, 96-402, 96-1234, | ||||||
14 | and 97-545) | ||||||
15 | Sec. 5-9-1.1. Drug related offenses. | ||||||
16 | (a) When a person has been adjudged guilty of a drug | ||||||
17 | related
offense involving possession or delivery of cannabis or | ||||||
18 | possession or delivery
of a controlled substance as defined in | ||||||
19 | the Cannabis Control Act, the Illinois Controlled Substances | ||||||
20 | Act, or the Methamphetamine Control and Community Protection | ||||||
21 | Act, in addition to any
other penalty imposed, a fine shall be | ||||||
22 | levied by the court at not less than
the full street value of | ||||||
23 | the cannabis or controlled substances seized. | ||||||
24 | "Street value" shall be determined by the court on the | ||||||
25 | basis of testimony
of law enforcement personnel and the |
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| |||||||
1 | defendant as to the amount seized and
such testimony as may be | ||||||
2 | required by the court as to the current street
value of the | ||||||
3 | cannabis or controlled substance seized. | ||||||
4 | (b) In addition to any penalty imposed under subsection (a) | ||||||
5 | of this
Section, a fine of $100 shall be levied by the court, | ||||||
6 | the proceeds of which
shall be collected by the Circuit Clerk | ||||||
7 | and remitted to the State Treasurer
under Section 27.6 of the | ||||||
8 | Clerks of Courts Act for deposit into the Trauma
Center Fund | ||||||
9 | for distribution as provided under Section 3.225 of the | ||||||
10 | Emergency
Medical Services (EMS) Systems Act. | ||||||
11 | (c) In addition to any penalty imposed under subsection (a) | ||||||
12 | of this
Section, a fee of $5 shall be assessed by the court, | ||||||
13 | the proceeds of which
shall be collected by the Circuit Clerk | ||||||
14 | and remitted to the State Treasurer
under Section 27.6 of the | ||||||
15 | Clerks of Courts Act for deposit into the Spinal Cord
Injury | ||||||
16 | Paralysis Cure Research Trust Fund.
This additional fee of $5 | ||||||
17 | shall not be considered a part of the fine for
purposes of any | ||||||
18 | reduction in the fine for time served either before or after
| ||||||
19 | sentencing. | ||||||
20 | (d) In addition to any penalty imposed under subsection (a) | ||||||
21 | of this
Section for a drug related
offense involving possession | ||||||
22 | or delivery
of cannabis or possession or delivery of a | ||||||
23 | controlled substance as defined in the Cannabis Control Act, | ||||||
24 | the Illinois Controlled Substances Act, or the Methamphetamine | ||||||
25 | Control and Community Protection Act, a fee of $50 shall be | ||||||
26 | assessed by the court, the proceeds of which
shall be collected |
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1 | by the Circuit Clerk and remitted to the State Treasurer
under | ||||||
2 | Section 27.6 of the Clerks of Courts Act for deposit into the | ||||||
3 | Performance-enhancing Substance Testing Fund.
This additional | ||||||
4 | fee of $50 shall not be considered a part of the fine for
| ||||||
5 | purposes of any reduction in the fine for time served either | ||||||
6 | before or after
sentencing. The provisions of this subsection | ||||||
7 | (d), other than this sentence, are inoperative after June 30, | ||||||
8 | 2011. | ||||||
9 | (e) In addition to any penalty imposed under subsection (a) | ||||||
10 | of this
Section, a $25 assessment shall be assessed by the | ||||||
11 | court, the proceeds of which
shall be collected by the Circuit | ||||||
12 | Clerk and remitted to the State Treasurer for deposit into the | ||||||
13 | Criminal Justice Information Projects Fund Drug Traffic | ||||||
14 | Prevention Fund . The moneys deposited into the Criminal Justice | ||||||
15 | Information Projects Fund under Drug Traffic Prevention Fund | ||||||
16 | pursuant to this Section shall be appropriated to and | ||||||
17 | administered by the Illinois Criminal Justice Information | ||||||
18 | Authority Department of State Police for funding of drug task | ||||||
19 | forces and Metropolitan Enforcement Groups in accordance with | ||||||
20 | the Intergovernmental Drug Laws Enforcement Act . | ||||||
21 | (f) In addition to any penalty imposed under subsection (a) | ||||||
22 | of this
Section, a $20 assessment shall be assessed by the | ||||||
23 | court, the proceeds of which
shall be collected by the Circuit | ||||||
24 | Clerk. Of the collected proceeds, (i) 90% shall be remitted to | ||||||
25 | the State Treasurer for deposit into the Prescription Pill and | ||||||
26 | Drug Disposal Fund; (ii) 5% shall be remitted for deposit into |
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1 | the Criminal Justice Information Projects Fund, for use by the | ||||||
2 | Illinois Criminal Justice Information Authority for the costs | ||||||
3 | associated with making grants from the Prescription Pill and | ||||||
4 | Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5% | ||||||
5 | for deposit into the Circuit Court Clerk Operation and | ||||||
6 | Administrative Fund for the costs associated with | ||||||
7 | administering this subsection. | ||||||
8 | (Source: P.A. 96-132, eff. 8-7-09; 96-402, eff. 1-1-10; | ||||||
9 | 96-1234, eff. 7-23-10; 97-545, eff. 1-1-12; revised 9-14-11.)
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10 | (730 ILCS 5/5-9-1.1-5) | ||||||
11 | Sec. 5-9-1.1-5. Methamphetamine related offenses. | ||||||
12 | (a) When a person has been adjudged guilty of a | ||||||
13 | methamphetamine related
offense involving possession or | ||||||
14 | delivery of methamphetamine or any salt of an optical isomer of | ||||||
15 | methamphetamine or possession of a methamphetamine | ||||||
16 | manufacturing material as set forth in Section 10 of the | ||||||
17 | Methamphetamine Control and Community Protection Act with the | ||||||
18 | intent to manufacture a substance containing methamphetamine | ||||||
19 | or salt of an optical isomer of methamphetamine, in addition to | ||||||
20 | any
other penalty imposed, a fine shall be levied by the court | ||||||
21 | at not less than
the full street value of the methamphetamine | ||||||
22 | or salt of an optical isomer of methamphetamine or | ||||||
23 | methamphetamine manufacturing materials seized. | ||||||
24 | "Street value" shall be determined by the court on the | ||||||
25 | basis of testimony
of law enforcement personnel and the |
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| |||||||
1 | defendant as to the amount seized and
such testimony as may be | ||||||
2 | required by the court as to the current street
value of the | ||||||
3 | methamphetamine or salt of an optical isomer of methamphetamine | ||||||
4 | or methamphetamine manufacturing materials seized. | ||||||
5 | (b) In addition to any penalty imposed under subsection (a) | ||||||
6 | of this
Section, a fine of
$100 shall be levied by the court, | ||||||
7 | the proceeds of which
shall be collected by the Circuit Clerk | ||||||
8 | and remitted to the State Treasurer
under Section 27.6 of the | ||||||
9 | Clerks of Courts Act
for deposit into the Methamphetamine Law | ||||||
10 | Enforcement Fund and allocated as provided in subsection (d) of | ||||||
11 | Section 5-9-1.2.
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12 | (c) In addition to any penalty imposed under subsection (a) | ||||||
13 | of this
Section, a $25 assessment shall be assessed by the | ||||||
14 | court, the proceeds of which
shall be collected by the Circuit | ||||||
15 | Clerk and remitted to the State Treasurer for deposit into the | ||||||
16 | Criminal Justice Information Projects Fund Drug Traffic | ||||||
17 | Prevention Fund . The moneys deposited into the Criminal Justice | ||||||
18 | Information Projects Fund under Drug Traffic Prevention Fund | ||||||
19 | pursuant to this Section shall be appropriated to and | ||||||
20 | administered by the Illinois Criminal Justice Information | ||||||
21 | Authority Department of State Police for funding of drug task | ||||||
22 | forces and Metropolitan Enforcement Groups in accordance with | ||||||
23 | the Intergovernmental Drug Laws Enforcement Act . | ||||||
24 | (d) In addition to any penalty imposed under subsection (a) | ||||||
25 | of this
Section, a $20 assessment shall be assessed by the | ||||||
26 | court, the proceeds of which
shall be collected by the Circuit |
| |||||||
| |||||||
1 | Clerk. Of the collected proceeds, (i) 90% shall be remitted to | ||||||
2 | the State Treasurer for deposit into the Prescription Pill and | ||||||
3 | Drug Disposal Fund; (ii) 5% shall be remitted for deposit into | ||||||
4 | the Criminal Justice Information Projects Fund, for use by the | ||||||
5 | Illinois Criminal Justice Information Authority for the costs | ||||||
6 | associated with making grants from the Prescription Pill and | ||||||
7 | Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5% | ||||||
8 | for deposit into the Circuit Court Clerk Operation and | ||||||
9 | Administrative Fund for the costs associated with | ||||||
10 | administering this subsection. | ||||||
11 | (Source: P.A. 96-200, eff. 8-10-09; 96-402, eff. 1-1-10; | ||||||
12 | 96-1000, eff. 7-2-10; 96-1234, eff. 7-23-10; 97-545, eff. | ||||||
13 | 1-1-12.)
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14 | Section 99. Effective date. This Act takes effect July 1, | ||||||
15 | 2013.".
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