Bill Title: Amends the Clerks of Courts Act. Provides that if a defendant is unable to pay the total fines, fees, and costs at the time of sentencing, the circuit clerk may establish a payment schedule based upon the information provided on a form prepared by the clerk setting forth the defendant's assets, liabilities, income, and expenses. Provides that in evaluating the defendant's expenses, the clerk shall consider only reasonable, necessary expenses. Provides that the clerk may modify the payment schedule upon a showing of good cause by the defendant. Amends the Violent Crime Victims Assistance Act. Changes the additional penalty imposed, the proceeds of which are deposited into the Violent Crime Victims Assistance Fund to: (1) $100 for a felony; (2) $50 for an offense under the Illinois Vehicle Code, excluding speeding offenses and certain equipment offenses and certain other violations; and (3) $75 for a misdemeanor, excluding conservation offenses. Provides that if the court does not impose the fine, the Attorney General or the State's Attorney may file a motion to have the court correct the sentence and impose the mandatory fine. Effective July 1, 2012.
Spectrum: Moderate Partisan Bill (Democrat 7-2)
Status: (Passed) 2012-07-16 - Public Act . . . . . . . . . 97-0816
[SB3602 Detail]Download: Illinois-2011-SB3602-Chaptered.html
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Public Act 097-0816
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SB3602 Enrolled | LRB097 18034 RLC 65631 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 10. The Violent Crime Victims Assistance Act is |
amended by changing Section 10 as follows:
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(725 ILCS 240/10) (from Ch. 70, par. 510)
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Sec. 10. Violent Crime Victims Assistance Fund.
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(a) The "Violent Crime Victims Assistance Fund" is created |
as a special
fund in the State Treasury to provide monies for |
the grants to be awarded
under this Act.
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(b) When any person is convicted in Illinois of an offense |
listed below, or placed on supervision for that offense on or |
after July 1, 2012, the court shall impose the following fines: |
(1) $100 for any felony; |
(2) $50 for any offense under the Illinois Vehicle |
Code, exclusive of offenses enumerated in paragraph (a)(2) |
of Section 6-204 of that Code, and exclusive of any offense |
enumerated in Article VI of Chapter 11 of that Code |
relating to restrictions, regulations, and limitations on |
the speed at which a motor vehicle is driven or operated; |
and |
(3) $75 for any misdemeanor, excluding a conservation |
offense. |
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Notwithstanding any other provision of this Section, the |
penalty established in this Section shall be assessed for any |
violation of Section 11-601.5, 11-605.2, or 11-605.3 of the |
Illinois Vehicle Code. |
The Clerk of the Circuit Court shall remit moneys collected |
under this subsection (b) On and after September 18, 1986, |
there shall be an additional penalty
collected from each |
defendant upon
conviction of any felony or upon conviction of |
or disposition
of supervision for any misdemeanor, or upon |
conviction of or disposition of
supervision for any offense |
under the Illinois Vehicle Code, exclusive of
offenses |
enumerated in paragraph (a)(2) of
Section 6-204 of that Code, |
and exclusive of any offense enumerated in Article
VI of |
Chapter 11 of that Code relating
to restrictions, regulations |
and limitations on the speed at which a motor
vehicle is driven |
or operated, an additional penalty of $4
for each $40, or |
fraction thereof, of fine imposed. Notwithstanding any other |
provision of this Section, the penalty established in this |
Section shall be assessed for any violation of Section |
11-601.5, 11-605.2, or 11-605.3 of the Illinois Vehicle Code. |
Such additional
amounts shall be collected by the Clerk
of the |
Circuit Court in addition to the fine and costs in the case. |
Each
such additional penalty collected under this subsection |
(b) or subsection
(c) of this Section shall be remitted by the |
Clerk of the Circuit Court
within one month after receipt to |
the State Treasurer for deposit into the
Violent Crime Victims |
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Assistance Fund, except as provided in subsection
(g) of this |
Section. Such additional penalty shall not
be considered a part |
of the fine for purposes of any reduction made in the
fine for |
time served either before or after sentencing. Not later than
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March 1 of each year the Clerk of the Circuit Court shall |
submit to the
State Comptroller a report of the amount of funds |
remitted by him to the
State Treasurer under this Section |
during the preceding calendar year.
Except as otherwise |
provided by Supreme Court Rules, if a court in
sentencing an |
offender levies a gross amount for fine, costs, fees and
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penalties, the amount of the additional penalty provided for |
herein shall
be computed on the amount 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
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fee, if applicable, payable to the county in which the |
violation occurred
pursuant to Section 5-1101 of the Counties |
Code.
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(c) When any person is convicted in Illinois on or after |
August 28,
1986, of an offense listed below, or placed on |
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supervision for such an
offense on or after September 18, 1986, |
and no other fine is imposed, the
following penalty shall be |
collected by the Circuit Court Clerk:
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(1) $25, for any crime of violence as defined in |
subsection (c) of
Section 2 of the Crime Victims |
Compensation Act; and
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(2) $20, for any other felony or misdemeanor, excluding
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any conservation offense.
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The Such charge imposed by subsection (b) shall not be |
subject to the provisions of Section 110-14 of
the Code of |
Criminal Procedure of 1963.
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(d) Monies forfeited, and proceeds from the sale of |
property forfeited
and seized, under the forfeiture provisions |
set forth in Part 500 of Article 124B of the Code of Criminal |
Procedure of 1963 shall be accepted for the Violent Crime |
Victims
Assistance Fund.
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(e) Investment income which is attributable to the |
investment of monies
in the Violent Crime Victims Assistance |
Fund shall be credited to that fund
for uses specified in this |
Act. The Treasurer shall provide the Attorney
General a monthly |
status report on the amount of money in the Fund.
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(f) Monies from the fund may be granted on and after July |
1, 1984.
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(g) All amounts and charges 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, or |
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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.
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(Source: P.A. 96-712, eff. 1-1-10; 97-108, eff. 7-14-11.)
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Section 99. Effective date. This Act takes effect July 1, |
2012.
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