SB3602 Engrossed LRB097 18034 RLC 65631 b
1		AN ACT concerning criminal law.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 10. The Violent Crime Victims Assistance Act is
5		amended by changing Section 10 as follows:
6		(725 ILCS 240/10) (from Ch. 70, par. 510)
7		Sec. 10. Violent Crime Victims Assistance Fund.
8		(a) The "Violent Crime Victims Assistance Fund" is created
9		as a special fund in the State Treasury to provide monies for
10		the grants to be awarded under this Act.
11		(b) When any person is convicted in Illinois of an offense
12		listed below, or placed on supervision for that offense on or
13		after July 1, 2012, the court shall impose the following fines:
14		(1) $100 for any felony;
15		(2) $50 for any offense under the Illinois Vehicle
16		Code, exclusive of offenses enumerated in paragraph (a)(2)
17		of Section 6-204 of that Code, and exclusive of any offense
18		enumerated in Article VI of Chapter 11 of that Code
19		relating to restrictions, regulations, and limitations on
20		the speed at which a motor vehicle is driven or operated;
21		and
22		(3) $75 for any misdemeanor, excluding a conservation
23		offense.

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1		Notwithstanding any other provision of this Section, the
2		penalty established in this Section shall be assessed for any
3		violation of Section 11-601.5, 11-605.2, or 11-605.3 of the
4		Illinois Vehicle Code.
5		If the court does not impose the fine, the Attorney General
6		or the State's Attorney may file a motion to have the court
7		correct the sentence and impose the mandatory fine. The Clerk
8		of the Circuit Court shall remit moneys collected under this
9		subsection (b) On and after September 18, 1986, there shall be
10		an additional penalty collected from each defendant upon
11		conviction of any felony or upon conviction of or disposition
12		of supervision for any misdemeanor, or upon conviction of or
13		disposition of supervision for any offense under the Illinois
14		Vehicle Code, exclusive of offenses enumerated in paragraph
15		(a)(2) of Section 6-204 of that Code, and exclusive of any
16		offense enumerated in Article VI of Chapter 11 of that Code
17		relating to restrictions, regulations and limitations on the
18		speed at which a motor vehicle is driven or operated, an
19		additional penalty of $4 for each $40, or fraction thereof, of
20		fine imposed. Notwithstanding any other provision of this
21		Section, the penalty established in this Section shall be
22		assessed for any violation of Section 11-601.5, 11-605.2, or
23		11-605.3 of the Illinois Vehicle Code. Such additional amounts
24		shall be collected by the Clerk of the Circuit Court in
25		addition to the fine and costs in the case. Each such
26		additional penalty collected under this subsection (b) or

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1		subsection (c) of this Section shall be remitted by the Clerk
2		of the Circuit Court within one month after receipt to the
3		State Treasurer for deposit into the Violent Crime Victims
4		Assistance Fund, except as provided in subsection (g) of this
5		Section. Such additional penalty shall not be considered a part
6		of the fine for purposes of any reduction made in the fine for
7		time served either before or after sentencing. Not later than
8		March 1 of each year the Clerk of the Circuit Court shall
9		submit to the State Comptroller a report of the amount of funds
10		remitted by him to the State Treasurer under this Section
11		during the preceding calendar year. Except as otherwise
12		provided by Supreme Court Rules, if a court in sentencing an
13		offender levies a gross amount for fine, costs, fees and
14		penalties, the amount of the additional penalty provided for
15		herein shall be computed on the amount remaining after
16		deducting from the gross amount levied all fees of the Circuit
17		Clerk, the State's Attorney and the Sheriff. After deducting
18		from the gross amount levied the fees and additional penalty
19		provided for herein, less any other additional penalties
20		provided by law, the clerk shall remit the net balance
21		remaining to the entity authorized by law to receive the fine
22		imposed in the case. For purposes of this Section "fees of the
23		Circuit Clerk" shall include, if applicable, the fee provided
24		for under Section 27.3a of the Clerks of Courts Act and the
25		fee, if applicable, payable to the county in which the
26		violation occurred pursuant to Section 5-1101 of the Counties

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1		Code.
2		(c) When any person is convicted in Illinois on or after
3		August 28, 1986, of an offense listed below, or placed on
4		supervision for such an offense on or after September 18, 1986,
5		and no other fine is imposed, the following penalty shall be
6		collected by the Circuit Court Clerk:
7		(1) $25, for any crime of violence as defined in
8		subsection (c) of Section 2 of the Crime Victims
9		Compensation Act; and
10		(2) $20, for any other felony or misdemeanor, excluding
11		any conservation offense.
12		The Such charge imposed by subsection (b) shall not be
13		subject to the provisions of Section 110-14 of the Code of
14		Criminal Procedure of 1963.
15		(d) Monies forfeited, and proceeds from the sale of
16		property forfeited and seized, under the forfeiture provisions
17		set forth in Part 500 of Article 124B of the Code of Criminal
18		Procedure of 1963 shall be accepted for the Violent Crime
19		Victims Assistance Fund.
20		(e) Investment income which is attributable to the
21		investment of monies in the Violent Crime Victims Assistance
22		Fund shall be credited to that fund for uses specified in this
23		Act. The Treasurer shall provide the Attorney General a monthly
24		status report on the amount of money in the Fund.
25		(f) Monies from the fund may be granted on and after July
26		1, 1984.

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1		(g) All amounts and charges imposed under this Section for
2		any violation of Chapters 3, 4, 6, and 11 of the Illinois
3		Vehicle Code, or a similar provision of a local ordinance, or
4		any violation of the Child Passenger Protection Act, or a
5		similar provision of a local ordinance, shall be collected and
6		disbursed by the circuit clerk as provided under Section 27.5
7		of the Clerks of Courts Act.
8		(Source: P.A. 96-712, eff. 1-1-10; 97-108, eff. 7-14-11.)
9		Section 99. Effective date. This Act takes effect July 1,
10		2012.