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| 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 5. The Clerks of Courts Act is amended by changing  | ||||||||||||||||||||||||||||
| 5 | Sections 27.5 and 27.6 as follows:
 | ||||||||||||||||||||||||||||
| 6 |  (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
 | ||||||||||||||||||||||||||||
| 7 |  Sec. 27.5. (a) All fees, fines, costs, additional  | ||||||||||||||||||||||||||||
| 8 | penalties, bail balances
assessed or forfeited, and any other  | ||||||||||||||||||||||||||||
| 9 | amount paid by a person to the circuit
clerk that equals an  | ||||||||||||||||||||||||||||
| 10 | amount less than $55, except portions of fines imposed under  | ||||||||||||||||||||||||||||
| 11 | Section 12C-75 of the Criminal Code of 2012 to pay for the  | ||||||||||||||||||||||||||||
| 12 | costs of prosecution and the purchase of a certificate of  | ||||||||||||||||||||||||||||
| 13 | deposit under that Section, restitution under Section
5-5-6 of  | ||||||||||||||||||||||||||||
| 14 | the Unified Code of Corrections, reimbursement for the costs of  | ||||||||||||||||||||||||||||
| 15 | an
emergency response as provided under Section 11-501 of the  | ||||||||||||||||||||||||||||
| 16 | Illinois Vehicle
Code, any fees collected for attending a  | ||||||||||||||||||||||||||||
| 17 | traffic safety program under
paragraph (c) of Supreme Court  | ||||||||||||||||||||||||||||
| 18 | Rule 529, any fee collected on behalf of a
State's Attorney  | ||||||||||||||||||||||||||||
| 19 | under Section 4-2002 of the Counties Code or a sheriff under
 | ||||||||||||||||||||||||||||
| 20 | Section 4-5001 of the Counties Code, or any cost imposed under  | ||||||||||||||||||||||||||||
| 21 | Section 124A-5
of the Code of Criminal Procedure of 1963, for  | ||||||||||||||||||||||||||||
| 22 | convictions, orders of
supervision, or any other disposition  | ||||||||||||||||||||||||||||
| 23 | for a violation of Chapters 3, 4, 6,
11, and 12 of the Illinois  | ||||||||||||||||||||||||||||
 
  | |||||||
  | |||||||
| 1 | Vehicle Code, or a similar provision of a local
ordinance, and  | ||||||
| 2 | any violation of the Child Passenger Protection Act, or a
 | ||||||
| 3 | similar provision of a local ordinance, and except as otherwise  | ||||||
| 4 | provided in this Section, shall be disbursed within 60 days  | ||||||
| 5 | after receipt by the circuit
clerk as follows: 47% shall be  | ||||||
| 6 | disbursed to the entity authorized by law to
receive the fine  | ||||||
| 7 | imposed in the case; 12% shall be disbursed to the State
 | ||||||
| 8 | Treasurer; and 41% shall be disbursed to the county's general  | ||||||
| 9 | corporate fund.
Of the 12% disbursed to the State Treasurer,  | ||||||
| 10 | 1/6 shall be deposited by the
State Treasurer into the Violent  | ||||||
| 11 | Crime Victims Assistance Fund, 1/2 shall be
deposited into the  | ||||||
| 12 | Traffic and Criminal Conviction Surcharge Fund, and 1/3
shall  | ||||||
| 13 | be deposited into the Drivers Education Fund. For fiscal years  | ||||||
| 14 | 1992 and
1993, amounts deposited into the Violent Crime Victims  | ||||||
| 15 | Assistance Fund, the
Traffic and Criminal Conviction Surcharge  | ||||||
| 16 | Fund, or the Drivers Education Fund
shall not exceed 110% of  | ||||||
| 17 | the amounts deposited into those funds in fiscal year
1991. Any  | ||||||
| 18 | amount that exceeds the 110% limit shall be distributed as  | ||||||
| 19 | follows:
50% shall be disbursed to the county's general  | ||||||
| 20 | corporate fund and 50% shall be
disbursed to the entity  | ||||||
| 21 | authorized by law to receive the fine imposed in the
case. Not  | ||||||
| 22 | later than March 1 of each year the circuit clerk
shall submit  | ||||||
| 23 | a report of the amount of funds remitted to the State
Treasurer  | ||||||
| 24 | under this Section during the preceding year based upon
 | ||||||
| 25 | independent verification of fines and fees. All counties shall  | ||||||
| 26 | be subject
to this Section, except that counties with a  | ||||||
 
  | |||||||
  | |||||||
| 1 | population under 2,000,000
may, by ordinance, elect not to be  | ||||||
| 2 | subject to this Section. For offenses
subject to this Section,  | ||||||
| 3 | judges shall impose one total sum of money payable
for  | ||||||
| 4 | violations. The circuit clerk may add on no additional amounts  | ||||||
| 5 | except
for amounts that are required by Sections 27.3a and  | ||||||
| 6 | 27.3c of
this Act, Section 16-104c of the Illinois Vehicle  | ||||||
| 7 | Code, and subsection (a) of Section 5-1101 of the Counties  | ||||||
| 8 | Code, unless those amounts are specifically waived by the  | ||||||
| 9 | judge. With
respect to money collected by the circuit clerk as  | ||||||
| 10 | a result of
forfeiture of bail, ex parte judgment or guilty  | ||||||
| 11 | plea pursuant to Supreme
Court Rule 529, the circuit clerk  | ||||||
| 12 | shall first deduct and pay amounts
required by Sections 27.3a  | ||||||
| 13 | and 27.3c of this Act. Unless a court ordered payment schedule  | ||||||
| 14 | is implemented or fee requirements are waived pursuant to a  | ||||||
| 15 | court order, the circuit clerk may add to any unpaid fees and  | ||||||
| 16 | costs a delinquency amount equal to 5% of the unpaid fees that  | ||||||
| 17 | remain unpaid after 30 days, 10% of the unpaid fees that remain  | ||||||
| 18 | unpaid after 60 days, and 15% of the unpaid fees that remain  | ||||||
| 19 | unpaid after 90 days. Notice to those parties may be made by  | ||||||
| 20 | signage posting or publication. The additional delinquency  | ||||||
| 21 | amounts collected under this Section shall be deposited in the  | ||||||
| 22 | Circuit Court Clerk Operation and Administrative Fund to be  | ||||||
| 23 | used to defray administrative costs incurred by the circuit  | ||||||
| 24 | clerk in performing the duties required to collect and disburse  | ||||||
| 25 | funds. This Section is a denial
and limitation of home rule  | ||||||
| 26 | powers and functions under subsection (h) of
Section 6 of  | ||||||
 
  | |||||||
  | |||||||
| 1 | Article VII of the Illinois Constitution.
 | ||||||
| 2 |  (b) The following amounts must be remitted to the State  | ||||||
| 3 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
 | ||||||
| 4 |   (1) 50% of the amounts collected for felony offenses  | ||||||
| 5 |  under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,  | ||||||
| 6 |  5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for  | ||||||
| 7 |  Animals Act and Section 26-5 or 48-1 of the Criminal Code  | ||||||
| 8 |  of
1961 or the Criminal Code of 2012;
 | ||||||
| 9 |   (2) 20% of the amounts collected for Class A and Class  | ||||||
| 10 |  B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,  | ||||||
| 11 |  5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care  | ||||||
| 12 |  for Animals Act and Section 26-5 or 48-1 of the Criminal
 | ||||||
| 13 |  Code of 1961 or the Criminal Code of 2012; and
 | ||||||
| 14 |   (3) 50% of the amounts collected for Class C  | ||||||
| 15 |  misdemeanors under
Sections 4.01 and 7.1 of the Humane Care  | ||||||
| 16 |  for Animals Act and Section 26-5
or 48-1 of the Criminal  | ||||||
| 17 |  Code of 1961 or the Criminal Code of 2012.
 | ||||||
| 18 |  (c) Any person who receives a disposition of court  | ||||||
| 19 | supervision for a violation of the Illinois Vehicle Code or a  | ||||||
| 20 | similar provision of a local ordinance shall, in addition to  | ||||||
| 21 | any other fines, fees, and court costs, pay an additional fee  | ||||||
| 22 | of $29, to be disbursed as provided in Section 16-104c of the  | ||||||
| 23 | Illinois Vehicle Code. In addition to the fee of $29, the  | ||||||
| 24 | person shall also pay a fee of $6, if not waived by the court.  | ||||||
| 25 | If this $6 fee is collected, $5.50 of the fee shall be  | ||||||
| 26 | deposited into the Circuit Court Clerk Operation and  | ||||||
 
  | |||||||
  | |||||||
| 1 | Administrative Fund created by the Clerk of the Circuit Court  | ||||||
| 2 | and 50 cents of the fee shall be deposited into the Prisoner  | ||||||
| 3 | Review Board Vehicle and Equipment Fund in the State treasury. | ||||||
| 4 |  (d) Any person convicted of, pleading guilty to, or placed  | ||||||
| 5 | on supervision for a serious traffic violation, as defined in  | ||||||
| 6 | Section 1-187.001 of the Illinois Vehicle Code, a violation of  | ||||||
| 7 | Section 11-501 of the Illinois Vehicle Code, or a violation of  | ||||||
| 8 | a similar provision of a local ordinance shall pay an  | ||||||
| 9 | additional fee of $35, to be disbursed as provided in Section  | ||||||
| 10 | 16-104d of that Code. | ||||||
| 11 |  This subsection (d) becomes inoperative on January 1, 2020.
 | ||||||
| 12 |  (e) In all counties having a population of 3,000,000 or  | ||||||
| 13 | more inhabitants: | ||||||
| 14 |   (1) A person who is found guilty of or pleads guilty to  | ||||||
| 15 |  violating subsection (a) of Section 11-501 of the Illinois  | ||||||
| 16 |  Vehicle Code, including any person placed on court  | ||||||
| 17 |  supervision for violating subsection (a), shall be fined  | ||||||
| 18 |  $750 as provided for by subsection (f) of Section 11-501.01  | ||||||
| 19 |  of the Illinois Vehicle Code, payable to the circuit clerk,  | ||||||
| 20 |  who shall distribute the money pursuant to subsection (f)  | ||||||
| 21 |  of Section 11-501.01 of the Illinois Vehicle Code. | ||||||
| 22 |   (2) When a crime laboratory DUI analysis fee of $150,  | ||||||
| 23 |  provided for by Section 5-9-1.9 of the Unified Code of  | ||||||
| 24 |  Corrections is assessed, it shall be disbursed by the  | ||||||
| 25 |  circuit clerk as provided by subsection (f) of Section  | ||||||
| 26 |  5-9-1.9 of the Unified Code of Corrections. | ||||||
 
  | |||||||
  | |||||||
| 1 |   (3) When a fine for a violation of subsection (a) of  | ||||||
| 2 |  Section 11-605 of the Illinois Vehicle Code is $150 or  | ||||||
| 3 |  greater, the additional $50 which is charged as provided  | ||||||
| 4 |  for by subsection (f) of Section 11-605 of the Illinois  | ||||||
| 5 |  Vehicle Code shall be disbursed by the circuit clerk to a  | ||||||
| 6 |  school district or districts for school safety purposes as  | ||||||
| 7 |  provided by subsection (f) of Section 11-605. | ||||||
| 8 |   (4) When a fine for a violation of subsection (a) of  | ||||||
| 9 |  Section 11-1002.5 of the Illinois Vehicle Code is $150 or  | ||||||
| 10 |  greater, the additional $50 which is charged as provided  | ||||||
| 11 |  for by subsection (c) of Section 11-1002.5 of the Illinois  | ||||||
| 12 |  Vehicle Code shall be disbursed by the circuit clerk to a  | ||||||
| 13 |  school district or districts for school safety purposes as  | ||||||
| 14 |  provided by subsection (c) of Section 11-1002.5 of the  | ||||||
| 15 |  Illinois Vehicle Code.  | ||||||
| 16 |   (5) When a mandatory drug court fee of up to $5 is  | ||||||
| 17 |  assessed as provided in subsection (f) of Section 5-1101 of  | ||||||
| 18 |  the Counties Code, it shall be disbursed by the circuit  | ||||||
| 19 |  clerk as provided in subsection (f) of Section 5-1101 of  | ||||||
| 20 |  the Counties Code. | ||||||
| 21 |   (6) When a mandatory teen court, peer jury, youth  | ||||||
| 22 |  court, or other youth diversion program fee is assessed as  | ||||||
| 23 |  provided in subsection (e) of Section 5-1101 of the  | ||||||
| 24 |  Counties Code, it shall be disbursed by the circuit clerk  | ||||||
| 25 |  as provided in subsection (e) of Section 5-1101 of the  | ||||||
| 26 |  Counties Code. | ||||||
 
  | |||||||
  | |||||||
| 1 |   (7) When a Children's Advocacy Center fee is assessed  | ||||||
| 2 |  pursuant to subsection (f-5) of Section 5-1101 of the  | ||||||
| 3 |  Counties Code, it shall be disbursed by the circuit clerk  | ||||||
| 4 |  as provided in subsection (f-5) of Section 5-1101 of the  | ||||||
| 5 |  Counties Code. | ||||||
| 6 |   (8) When a victim impact panel fee is assessed pursuant  | ||||||
| 7 |  to subsection (b) of Section 11-501.01 of the Illinois  | ||||||
| 8 |  Vehicle Code, it shall be disbursed by the circuit clerk to  | ||||||
| 9 |  the victim impact panel to be
attended by the defendant. | ||||||
| 10 |   (9) When a new fee collected in traffic cases is  | ||||||
| 11 |  enacted after January 1, 2010 (the effective date of Public  | ||||||
| 12 |  Act 96-735), it shall be excluded from the percentage  | ||||||
| 13 |  disbursement provisions of this Section unless otherwise  | ||||||
| 14 |  indicated by law.  | ||||||
| 15 |  (f) Any person who receives a disposition of court  | ||||||
| 16 | supervision for a violation of Section 11-501 of the Illinois  | ||||||
| 17 | Vehicle Code shall, in addition to any other fines, fees, and  | ||||||
| 18 | court costs, pay an additional fee of $50, which shall
be  | ||||||
| 19 | collected by the circuit clerk and then remitted to the State  | ||||||
| 20 | Treasurer for deposit into the Roadside Memorial Fund, a  | ||||||
| 21 | special fund in the State treasury. However, the court may  | ||||||
| 22 | waive the fee if full restitution is complied with. Subject to  | ||||||
| 23 | appropriation, all moneys in the Roadside Memorial Fund shall  | ||||||
| 24 | be used by the Department of Transportation to pay fees imposed  | ||||||
| 25 | under subsection (f) of Section 20 of the Roadside Memorial  | ||||||
| 26 | Act. The fee shall be remitted by the circuit clerk within one  | ||||||
 
  | |||||||
  | |||||||
| 1 | month after receipt to the State Treasurer for deposit into the  | ||||||
| 2 | Roadside Memorial Fund.  | ||||||
| 3 |  (g) For any conviction or disposition of court supervision  | ||||||
| 4 | for a violation of Section 11-1429 of the Illinois Vehicle  | ||||||
| 5 | Code, the circuit clerk shall distribute the fines paid by the  | ||||||
| 6 | person as specified by subsection (h) of Section 11-1429 of the  | ||||||
| 7 | Illinois Vehicle Code.  | ||||||
| 8 | (Source: P.A. 97-333, eff. 8-12-11; 97-1108, eff. 1-1-13;  | ||||||
| 9 | 97-1150, eff. 1-25-13; 98-658, eff. 6-23-14.)
 | ||||||
| 10 |  (705 ILCS 105/27.6)
 | ||||||
| 11 |  (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625,  | ||||||
| 12 | 96-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150,  | ||||||
| 13 | 98-658, and 98-1013) | ||||||
| 14 |  Sec. 27.6. (a) All fees, fines, costs, additional  | ||||||
| 15 | penalties, bail balances
assessed or forfeited, and any other  | ||||||
| 16 | amount paid by a person to the circuit
clerk equalling an  | ||||||
| 17 | amount of $55 or more, except portions of fines imposed under  | ||||||
| 18 | Section 12C-75 of the Criminal Code of 2012 to pay for the  | ||||||
| 19 | costs of prosecution and the purchase of a certificate of  | ||||||
| 20 | deposit under that Section, the fine imposed by Section  | ||||||
| 21 | 5-9-1.15
of the Unified Code of Corrections, the additional fee  | ||||||
| 22 | required
by subsections (b) and (c), restitution under Section  | ||||||
| 23 | 5-5-6 of the
Unified Code of Corrections, contributions to a  | ||||||
| 24 | local anti-crime program ordered pursuant to Section  | ||||||
| 25 | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of  | ||||||
 
  | |||||||
  | |||||||
| 1 | Corrections, reimbursement for the costs of an emergency
 | ||||||
| 2 | response as provided under Section 11-501 of the Illinois  | ||||||
| 3 | Vehicle Code,
any fees collected for attending a traffic safety  | ||||||
| 4 | program under paragraph (c)
of Supreme Court Rule 529, any fee  | ||||||
| 5 | collected on behalf of a State's Attorney
under Section 4-2002  | ||||||
| 6 | of the Counties Code or a sheriff under Section 4-5001
of the  | ||||||
| 7 | Counties Code, or any cost imposed under Section 124A-5 of the  | ||||||
| 8 | Code of
Criminal Procedure of 1963, for convictions, orders of  | ||||||
| 9 | supervision, or any
other disposition for a violation of  | ||||||
| 10 | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a  | ||||||
| 11 | similar provision of a local ordinance, and any
violation of  | ||||||
| 12 | the Child Passenger Protection Act, or a similar provision of a
 | ||||||
| 13 | local ordinance, and except as otherwise provided in this  | ||||||
| 14 | Section
shall be disbursed
within 60 days after receipt by the  | ||||||
| 15 | circuit
clerk as follows: 44.5% shall be disbursed to the  | ||||||
| 16 | entity authorized by law to
receive the fine imposed in the  | ||||||
| 17 | case; 16.825% shall be disbursed to the State
Treasurer; and  | ||||||
| 18 | 38.675% shall be disbursed to the county's general corporate
 | ||||||
| 19 | fund. Of the 16.825% disbursed to the State Treasurer, 2/17  | ||||||
| 20 | shall be deposited
by the State Treasurer into the Violent  | ||||||
| 21 | Crime Victims Assistance Fund, 5.052/17
shall be deposited into  | ||||||
| 22 | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall  | ||||||
| 23 | be deposited into the Drivers Education Fund, and 6.948/17  | ||||||
| 24 | shall be
deposited into the Trauma Center Fund. Of the 6.948/17  | ||||||
| 25 | deposited into the
Trauma Center Fund from the 16.825%  | ||||||
| 26 | disbursed to the State Treasurer, 50% shall
be disbursed to the  | ||||||
 
  | |||||||
  | |||||||
| 1 | Department of Public Health and 50% shall be disbursed to
the  | ||||||
| 2 | Department of Healthcare and Family Services. For fiscal year  | ||||||
| 3 | 1993, amounts deposited into
the Violent Crime Victims  | ||||||
| 4 | Assistance Fund, the Traffic and Criminal
Conviction Surcharge  | ||||||
| 5 | Fund, or the Drivers Education Fund shall not exceed 110%
of  | ||||||
| 6 | the amounts deposited into those funds in fiscal year 1991. Any
 | ||||||
| 7 | amount that exceeds the 110% limit shall be distributed as  | ||||||
| 8 | follows: 50%
shall be disbursed to the county's general  | ||||||
| 9 | corporate fund and 50% shall be
disbursed to the entity  | ||||||
| 10 | authorized by law to receive the fine imposed in
the case. Not  | ||||||
| 11 | later than March 1 of each year the circuit clerk
shall submit  | ||||||
| 12 | a report of the amount of funds remitted to the State
Treasurer  | ||||||
| 13 | under this Section during the preceding year based upon
 | ||||||
| 14 | independent verification of fines and fees. All counties shall  | ||||||
| 15 | be subject
to this Section, except that counties with a  | ||||||
| 16 | population under 2,000,000
may, by ordinance, elect not to be  | ||||||
| 17 | subject to this Section. For offenses
subject to this Section,  | ||||||
| 18 | judges shall impose one total sum of money payable
for  | ||||||
| 19 | violations. The circuit clerk may add on no additional amounts  | ||||||
| 20 | except
for amounts that are required by Sections 27.3a and  | ||||||
| 21 | 27.3c of
this Act, unless those amounts are specifically waived  | ||||||
| 22 | by the judge. With
respect to money collected by the circuit  | ||||||
| 23 | clerk as a result of
forfeiture of bail, ex parte judgment or  | ||||||
| 24 | guilty plea pursuant to Supreme
Court Rule 529, the circuit  | ||||||
| 25 | clerk shall first deduct and pay amounts
required by Sections  | ||||||
| 26 | 27.3a and 27.3c of this Act. This Section is a denial
and  | ||||||
 
  | |||||||
  | |||||||
| 1 | limitation of home rule powers and functions under subsection  | ||||||
| 2 | (h) of
Section 6 of Article VII of the Illinois Constitution.
 | ||||||
| 3 |  (b) In addition to any other fines and court costs assessed  | ||||||
| 4 | by the courts,
any person convicted or receiving an order of  | ||||||
| 5 | supervision for driving under
the influence of alcohol or drugs  | ||||||
| 6 | shall pay an additional fee of $100 to the
clerk of the circuit  | ||||||
| 7 | court. This amount, less 2 1/2% that shall be used to
defray  | ||||||
| 8 | administrative costs incurred by the clerk, shall be remitted  | ||||||
| 9 | by the
clerk to the Treasurer within 60 days after receipt for  | ||||||
| 10 | deposit into the Trauma
Center Fund. This additional fee of  | ||||||
| 11 | $100 shall not be considered a part of the
fine for purposes of  | ||||||
| 12 | any reduction in the fine for time served either before or
 | ||||||
| 13 | after sentencing. Not later than March 1 of each year the  | ||||||
| 14 | Circuit Clerk shall
submit a report of the amount of funds  | ||||||
| 15 | remitted to the State Treasurer under
this subsection during  | ||||||
| 16 | the preceding calendar year.
 | ||||||
| 17 |  (b-1) In addition to any other fines and court costs  | ||||||
| 18 | assessed by the courts,
any person convicted or receiving an  | ||||||
| 19 | order of supervision for driving under the
influence of alcohol  | ||||||
| 20 | or drugs shall pay an additional fee of $5 to the clerk
of the  | ||||||
| 21 | circuit court. This amount, less
2 1/2% that shall be used to  | ||||||
| 22 | defray administrative costs incurred by the clerk,
shall be  | ||||||
| 23 | remitted by the clerk to the Treasurer within 60 days after  | ||||||
| 24 | receipt
for deposit into the Spinal Cord Injury Paralysis Cure  | ||||||
| 25 | Research Trust Fund.
This additional fee of $5 shall not
be  | ||||||
| 26 | considered a part of the fine for purposes of any reduction in  | ||||||
 
  | |||||||
  | |||||||
| 1 | the fine for
time served either before or after sentencing. Not  | ||||||
| 2 | later than March 1 of each
year the Circuit Clerk shall submit  | ||||||
| 3 | a report of the amount of funds remitted to
the State Treasurer  | ||||||
| 4 | under this subsection during the preceding calendar
year.
 | ||||||
| 5 |  (c) In addition to any other fines and court costs assessed  | ||||||
| 6 | by the courts,
any person convicted for a violation of Sections  | ||||||
| 7 | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or the  | ||||||
| 8 | Criminal Code of 2012 or a person sentenced for a violation of  | ||||||
| 9 | the Cannabis
Control Act, the Illinois Controlled Substances  | ||||||
| 10 | Act, or the Methamphetamine Control and Community Protection  | ||||||
| 11 | Act
shall pay an additional fee of $100 to the clerk
of the  | ||||||
| 12 | circuit court. This amount, less
2 1/2% that shall be used to  | ||||||
| 13 | defray administrative costs incurred by the clerk,
shall be  | ||||||
| 14 | remitted by the clerk to the Treasurer within 60 days after  | ||||||
| 15 | receipt
for deposit into the Trauma Center Fund. This  | ||||||
| 16 | additional fee of $100 shall not
be considered a part of the  | ||||||
| 17 | fine for purposes of any reduction in the fine for
time served  | ||||||
| 18 | either before or after sentencing. Not later than March 1 of  | ||||||
| 19 | each
year the Circuit Clerk shall submit a report of the amount  | ||||||
| 20 | of funds remitted to
the State Treasurer under this subsection  | ||||||
| 21 | during the preceding calendar year.
 | ||||||
| 22 |  (c-1) In addition to any other fines and court costs  | ||||||
| 23 | assessed by the
courts, any person sentenced for a violation of  | ||||||
| 24 | the Cannabis Control Act,
the Illinois Controlled Substances  | ||||||
| 25 | Act, or the Methamphetamine Control and Community Protection  | ||||||
| 26 | Act shall pay an additional fee of $5 to the
clerk of the  | ||||||
 
  | |||||||
  | |||||||
| 1 | circuit court. This amount, less 2 1/2% that shall be used to
 | ||||||
| 2 | defray administrative costs incurred by the clerk, shall be  | ||||||
| 3 | remitted by the
clerk to the Treasurer within 60 days after  | ||||||
| 4 | receipt for deposit into the Spinal
Cord Injury Paralysis Cure  | ||||||
| 5 | Research Trust Fund. This additional fee of $5
shall not be  | ||||||
| 6 | considered a part of the fine for purposes of any reduction in  | ||||||
| 7 | the
fine for time served either before or after sentencing. Not  | ||||||
| 8 | later than March 1
of each year the Circuit Clerk shall submit  | ||||||
| 9 | a report of the amount of funds
remitted to the State Treasurer  | ||||||
| 10 | under this subsection during the preceding
calendar year.
 | ||||||
| 11 |  (d) The following amounts must be remitted to the State  | ||||||
| 12 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
 | ||||||
| 13 |   (1) 50% of the amounts collected for felony offenses  | ||||||
| 14 |  under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,  | ||||||
| 15 |  5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for  | ||||||
| 16 |  Animals Act and Section 26-5 or 48-1 of the Criminal Code  | ||||||
| 17 |  of
1961 or the Criminal Code of 2012;
 | ||||||
| 18 |   (2) 20% of the amounts collected for Class A and Class  | ||||||
| 19 |  B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,  | ||||||
| 20 |  5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care  | ||||||
| 21 |  for Animals Act and Section 26-5 or 48-1 of the Criminal
 | ||||||
| 22 |  Code of 1961 or the Criminal Code of 2012; and
 | ||||||
| 23 |   (3) 50% of the amounts collected for Class C  | ||||||
| 24 |  misdemeanors under Sections
4.01 and 7.1 of the Humane Care  | ||||||
| 25 |  for Animals Act and Section 26-5 or 48-1 of the
Criminal  | ||||||
| 26 |  Code of 1961 or the Criminal Code of 2012.
 | ||||||
 
  | |||||||
  | |||||||
| 1 |  (e) Any person who receives a disposition of court  | ||||||
| 2 | supervision for a violation of the Illinois Vehicle Code or a  | ||||||
| 3 | similar provision of a local ordinance shall, in addition to  | ||||||
| 4 | any other fines, fees, and court costs, pay an additional fee  | ||||||
| 5 | of $29, to be disbursed as provided in Section 16-104c of the  | ||||||
| 6 | Illinois Vehicle Code. In addition to the fee of $29, the  | ||||||
| 7 | person shall also pay a fee of $6, if not waived by the court.  | ||||||
| 8 | If this $6 fee is collected, $5.50 of the fee shall be  | ||||||
| 9 | deposited into the Circuit Court Clerk Operation and  | ||||||
| 10 | Administrative Fund created by the Clerk of the Circuit Court  | ||||||
| 11 | and 50 cents of the fee shall be deposited into the Prisoner  | ||||||
| 12 | Review Board Vehicle and Equipment Fund in the State treasury.
 | ||||||
| 13 |  (f) This Section does not apply to the additional child  | ||||||
| 14 | pornography fines assessed and collected under Section  | ||||||
| 15 | 5-9-1.14 of the Unified Code of Corrections.
 | ||||||
| 16 |  (g) (Blank).  | ||||||
| 17 |  (h) (Blank).  | ||||||
| 18 |  (i)
Of the amounts collected as fines under subsection (b)  | ||||||
| 19 | of Section 3-712 of the Illinois Vehicle Code, 99% shall be  | ||||||
| 20 | deposited into the Illinois Military Family Relief Fund and 1%  | ||||||
| 21 | shall be deposited into the Circuit Court Clerk Operation and  | ||||||
| 22 | Administrative Fund created by the Clerk of the Circuit Court  | ||||||
| 23 | to be used to offset the costs incurred by the Circuit Court  | ||||||
| 24 | Clerk in performing the additional duties required to collect  | ||||||
| 25 | and disburse funds to entities of State and local government as  | ||||||
| 26 | provided by law.
 | ||||||
 
  | |||||||
  | |||||||
| 1 |  (j) Any person convicted of, pleading guilty to, or placed  | ||||||
| 2 | on supervision for a serious traffic violation, as defined in  | ||||||
| 3 | Section 1-187.001 of the Illinois Vehicle Code, a violation of  | ||||||
| 4 | Section 11-501 of the Illinois Vehicle Code, or a violation of  | ||||||
| 5 | a similar provision of a local ordinance shall pay an  | ||||||
| 6 | additional fee of $35, to be disbursed as provided in Section  | ||||||
| 7 | 16-104d of that Code.  | ||||||
| 8 |  This subsection (j) becomes inoperative on January 1, 2020.  | ||||||
| 9 |  (k) For any conviction or disposition of court supervision  | ||||||
| 10 | for a violation of Section 11-1429 of the Illinois Vehicle  | ||||||
| 11 | Code, the circuit clerk shall distribute the fines paid by the  | ||||||
| 12 | person as specified by subsection (h) of Section 11-1429 of the  | ||||||
| 13 | Illinois Vehicle Code.  | ||||||
| 14 |  (l) Any person who receives a disposition of court  | ||||||
| 15 | supervision for a violation of Section 11-501 of the Illinois  | ||||||
| 16 | Vehicle Code or a similar provision of a local ordinance shall,  | ||||||
| 17 | in addition to any other fines, fees, and court costs, pay an  | ||||||
| 18 | additional fee of $50, which shall
be collected by the circuit  | ||||||
| 19 | clerk and then remitted to the State Treasurer for deposit into  | ||||||
| 20 | the Roadside Memorial Fund, a special fund in the State  | ||||||
| 21 | treasury. However, the court may waive the fee if full  | ||||||
| 22 | restitution is complied with. Subject to appropriation, all  | ||||||
| 23 | moneys in the Roadside Memorial Fund shall be used by the  | ||||||
| 24 | Department of Transportation to pay fees imposed under  | ||||||
| 25 | subsection (f) of Section 20 of the Roadside Memorial Act. The  | ||||||
| 26 | fee shall be remitted by the circuit clerk within one month  | ||||||
 
  | |||||||
  | |||||||
| 1 | after receipt to the State Treasurer for deposit into the  | ||||||
| 2 | Roadside Memorial Fund.  | ||||||
| 3 |  (m) Of the amounts collected as fines under subsection (c)  | ||||||
| 4 | of Section 411.4 of the Illinois Controlled Substances Act or  | ||||||
| 5 | subsection (c) of Section 90 of the Methamphetamine Control and  | ||||||
| 6 | Community Protection Act, 99% shall be deposited to the law  | ||||||
| 7 | enforcement agency or fund specified and 1% shall be deposited  | ||||||
| 8 | into the Circuit Court Clerk Operation and Administrative Fund  | ||||||
| 9 | to be used to offset the costs incurred by the Circuit Court  | ||||||
| 10 | Clerk in performing the additional duties required to collect  | ||||||
| 11 | and disburse funds to entities of State and local government as  | ||||||
| 12 | provided by law.  | ||||||
| 13 |  (n) In addition to any other fines and court costs assessed  | ||||||
| 14 | by the courts, any person who is convicted of or pleads guilty  | ||||||
| 15 | to a violation of the Criminal Code of 1961 or the Criminal  | ||||||
| 16 | Code of 2012, or a similar provision of a local ordinance, or  | ||||||
| 17 | who is convicted of, pleads guilty to, or receives a  | ||||||
| 18 | disposition of court supervision for a violation of the  | ||||||
| 19 | Illinois Vehicle Code, or a similar provision of a local  | ||||||
| 20 | ordinance, shall pay an additional fee of $15 to the clerk of  | ||||||
| 21 | the circuit court. This additional fee of $15 shall not be  | ||||||
| 22 | considered a part of the fine for purposes of any reduction in  | ||||||
| 23 | the fine for time served either before or after sentencing.  | ||||||
| 24 | This amount, less 2.5% that shall be used to defray  | ||||||
| 25 | administrative costs incurred by the clerk, shall be remitted  | ||||||
| 26 | by the clerk to the State Treasurer within 60 days after  | ||||||
 
  | |||||||
  | |||||||
| 1 | receipt for deposit into the State Police Merit Board Public  | ||||||
| 2 | Safety Fund.  | ||||||
| 3 |  (o) The amounts collected as fines under Sections 10-9,  | ||||||
| 4 | 11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall  | ||||||
| 5 | be collected by the circuit clerk and distributed as provided  | ||||||
| 6 | under Section 5-9-1.21 of the Unified Code of Corrections in  | ||||||
| 7 | lieu of any disbursement under subsection (a) of this Section. | ||||||
| 8 | (Source: P.A. 97-434, eff. 1-1-12; 97-1051, eff. 1-1-13;  | ||||||
| 9 | 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-658, eff.  | ||||||
| 10 | 6-23-14; 98-1013, eff. 1-1-15; revised 10-2-14.)
 | ||||||
| 11 |  (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667,  | ||||||
| 12 | 96-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150,  | ||||||
| 13 | 98-658, and 98-1013) | ||||||
| 14 |  Sec. 27.6. (a) All fees, fines, costs, additional  | ||||||
| 15 | penalties, bail balances
assessed or forfeited, and any other  | ||||||
| 16 | amount paid by a person to the circuit
clerk equalling an  | ||||||
| 17 | amount of $55 or more, except portions of fines imposed under  | ||||||
| 18 | Section 12C-75 of the Criminal Code of 2012 to pay for the  | ||||||
| 19 | costs of prosecution and the purchase of a certificate of  | ||||||
| 20 | deposit under that Section, the fine imposed by Section  | ||||||
| 21 | 5-9-1.15
of the Unified Code of Corrections, the additional fee  | ||||||
| 22 | required
by subsections (b) and (c), restitution under Section  | ||||||
| 23 | 5-5-6 of the
Unified Code of Corrections, contributions to a  | ||||||
| 24 | local anti-crime program ordered pursuant to Section  | ||||||
| 25 | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of  | ||||||
 
  | |||||||
  | |||||||
| 1 | Corrections, reimbursement for the costs of an emergency
 | ||||||
| 2 | response as provided under Section 11-501 of the Illinois  | ||||||
| 3 | Vehicle Code,
any fees collected for attending a traffic safety  | ||||||
| 4 | program under paragraph (c)
of Supreme Court Rule 529, any fee  | ||||||
| 5 | collected on behalf of a State's Attorney
under Section 4-2002  | ||||||
| 6 | of the Counties Code or a sheriff under Section 4-5001
of the  | ||||||
| 7 | Counties Code, or any cost imposed under Section 124A-5 of the  | ||||||
| 8 | Code of
Criminal Procedure of 1963, for convictions, orders of  | ||||||
| 9 | supervision, or any
other disposition for a violation of  | ||||||
| 10 | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a  | ||||||
| 11 | similar provision of a local ordinance, and any
violation of  | ||||||
| 12 | the Child Passenger Protection Act, or a similar provision of a
 | ||||||
| 13 | local ordinance, and except as otherwise provided in this  | ||||||
| 14 | Section
shall be disbursed
within 60 days after receipt by the  | ||||||
| 15 | circuit
clerk as follows: 44.5% shall be disbursed to the  | ||||||
| 16 | entity authorized by law to
receive the fine imposed in the  | ||||||
| 17 | case; 16.825% shall be disbursed to the State
Treasurer; and  | ||||||
| 18 | 38.675% shall be disbursed to the county's general corporate
 | ||||||
| 19 | fund. Of the 16.825% disbursed to the State Treasurer, 2/17  | ||||||
| 20 | shall be deposited
by the State Treasurer into the Violent  | ||||||
| 21 | Crime Victims Assistance Fund, 5.052/17
shall be deposited into  | ||||||
| 22 | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall  | ||||||
| 23 | be deposited into the Drivers Education Fund, and 6.948/17  | ||||||
| 24 | shall be
deposited into the Trauma Center Fund. Of the 6.948/17  | ||||||
| 25 | deposited into the
Trauma Center Fund from the 16.825%  | ||||||
| 26 | disbursed to the State Treasurer, 50% shall
be disbursed to the  | ||||||
 
  | |||||||
  | |||||||
| 1 | Department of Public Health and 50% shall be disbursed to
the  | ||||||
| 2 | Department of Healthcare and Family Services. For fiscal year  | ||||||
| 3 | 1993, amounts deposited into
the Violent Crime Victims  | ||||||
| 4 | Assistance Fund, the Traffic and Criminal
Conviction Surcharge  | ||||||
| 5 | Fund, or the Drivers Education Fund shall not exceed 110%
of  | ||||||
| 6 | the amounts deposited into those funds in fiscal year 1991. Any
 | ||||||
| 7 | amount that exceeds the 110% limit shall be distributed as  | ||||||
| 8 | follows: 50%
shall be disbursed to the county's general  | ||||||
| 9 | corporate fund and 50% shall be
disbursed to the entity  | ||||||
| 10 | authorized by law to receive the fine imposed in
the case. Not  | ||||||
| 11 | later than March 1 of each year the circuit clerk
shall submit  | ||||||
| 12 | a report of the amount of funds remitted to the State
Treasurer  | ||||||
| 13 | under this Section during the preceding year based upon
 | ||||||
| 14 | independent verification of fines and fees. All counties shall  | ||||||
| 15 | be subject
to this Section, except that counties with a  | ||||||
| 16 | population under 2,000,000
may, by ordinance, elect not to be  | ||||||
| 17 | subject to this Section. For offenses
subject to this Section,  | ||||||
| 18 | judges shall impose one total sum of money payable
for  | ||||||
| 19 | violations. The circuit clerk may add on no additional amounts  | ||||||
| 20 | except
for amounts that are required by Sections 27.3a and  | ||||||
| 21 | 27.3c of
this Act, Section 16-104c of the Illinois Vehicle  | ||||||
| 22 | Code, and subsection (a) of Section 5-1101 of the Counties  | ||||||
| 23 | Code, unless those amounts are specifically waived by the  | ||||||
| 24 | judge. With
respect to money collected by the circuit clerk as  | ||||||
| 25 | a result of
forfeiture of bail, ex parte judgment or guilty  | ||||||
| 26 | plea pursuant to Supreme
Court Rule 529, the circuit clerk  | ||||||
 
  | |||||||
  | |||||||
| 1 | shall first deduct and pay amounts
required by Sections 27.3a  | ||||||
| 2 | and 27.3c of this Act. Unless a court ordered payment schedule  | ||||||
| 3 | is implemented or fee requirements are waived pursuant to court  | ||||||
| 4 | order, the clerk of the court may add to any unpaid fees and  | ||||||
| 5 | costs a delinquency amount equal to 5% of the unpaid fees that  | ||||||
| 6 | remain unpaid after 30 days, 10% of the unpaid fees that remain  | ||||||
| 7 | unpaid after 60 days, and 15% of the unpaid fees that remain  | ||||||
| 8 | unpaid after 90 days. Notice to those parties may be made by  | ||||||
| 9 | signage posting or publication. The additional delinquency  | ||||||
| 10 | amounts collected under this Section shall be deposited in the  | ||||||
| 11 | Circuit Court Clerk Operation and Administrative Fund to be  | ||||||
| 12 | used to defray administrative costs incurred by the circuit  | ||||||
| 13 | clerk in performing the duties required to collect and disburse  | ||||||
| 14 | funds. This Section is a denial
and limitation of home rule  | ||||||
| 15 | powers and functions under subsection (h) of
Section 6 of  | ||||||
| 16 | Article VII of the Illinois Constitution.
 | ||||||
| 17 |  (b) In addition to any other fines and court costs assessed  | ||||||
| 18 | by the courts,
any person convicted or receiving an order of  | ||||||
| 19 | supervision for driving under
the influence of alcohol or drugs  | ||||||
| 20 | shall pay an additional fee of $100 to the
clerk of the circuit  | ||||||
| 21 | court. This amount, less 2 1/2% that shall be used to
defray  | ||||||
| 22 | administrative costs incurred by the clerk, shall be remitted  | ||||||
| 23 | by the
clerk to the Treasurer within 60 days after receipt for  | ||||||
| 24 | deposit into the Trauma
Center Fund. This additional fee of  | ||||||
| 25 | $100 shall not be considered a part of the
fine for purposes of  | ||||||
| 26 | any reduction in the fine for time served either before or
 | ||||||
 
  | |||||||
  | |||||||
| 1 | after sentencing. Not later than March 1 of each year the  | ||||||
| 2 | Circuit Clerk shall
submit a report of the amount of funds  | ||||||
| 3 | remitted to the State Treasurer under
this subsection during  | ||||||
| 4 | the preceding calendar year.
 | ||||||
| 5 |  (b-1) In addition to any other fines and court costs  | ||||||
| 6 | assessed by the courts,
any person convicted or receiving an  | ||||||
| 7 | order of supervision for driving under the
influence of alcohol  | ||||||
| 8 | or drugs shall pay an additional fee of $5 to the clerk
of the  | ||||||
| 9 | circuit court. This amount, less
2 1/2% that shall be used to  | ||||||
| 10 | defray administrative costs incurred by the clerk,
shall be  | ||||||
| 11 | remitted by the clerk to the Treasurer within 60 days after  | ||||||
| 12 | receipt
for deposit into the Spinal Cord Injury Paralysis Cure  | ||||||
| 13 | Research Trust Fund.
This additional fee of $5 shall not
be  | ||||||
| 14 | considered a part of the fine for purposes of any reduction in  | ||||||
| 15 | the fine for
time served either before or after sentencing. Not  | ||||||
| 16 | later than March 1 of each
year the Circuit Clerk shall submit  | ||||||
| 17 | a report of the amount of funds remitted to
the State Treasurer  | ||||||
| 18 | under this subsection during the preceding calendar
year.
 | ||||||
| 19 |  (c) In addition to any other fines and court costs assessed  | ||||||
| 20 | by the courts,
any person convicted for a violation of Sections  | ||||||
| 21 | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or the  | ||||||
| 22 | Criminal Code of 2012 or a person sentenced for a violation of  | ||||||
| 23 | the Cannabis
Control Act, the Illinois Controlled Substances  | ||||||
| 24 | Act, or the Methamphetamine Control and Community Protection  | ||||||
| 25 | Act
shall pay an additional fee of $100 to the clerk
of the  | ||||||
| 26 | circuit court. This amount, less
2 1/2% that shall be used to  | ||||||
 
  | |||||||
  | |||||||
| 1 | defray administrative costs incurred by the clerk,
shall be  | ||||||
| 2 | remitted by the clerk to the Treasurer within 60 days after  | ||||||
| 3 | receipt
for deposit into the Trauma Center Fund. This  | ||||||
| 4 | additional fee of $100 shall not
be considered a part of the  | ||||||
| 5 | fine for purposes of any reduction in the fine for
time served  | ||||||
| 6 | either before or after sentencing. Not later than March 1 of  | ||||||
| 7 | each
year the Circuit Clerk shall submit a report of the amount  | ||||||
| 8 | of funds remitted to
the State Treasurer under this subsection  | ||||||
| 9 | during the preceding calendar year.
 | ||||||
| 10 |  (c-1) In addition to any other fines and court costs  | ||||||
| 11 | assessed by the
courts, any person sentenced for a violation of  | ||||||
| 12 | the Cannabis Control Act,
the Illinois Controlled Substances  | ||||||
| 13 | Act, or the Methamphetamine Control and Community Protection  | ||||||
| 14 | Act shall pay an additional fee of $5 to the
clerk of the  | ||||||
| 15 | circuit court. This amount, less 2 1/2% that shall be used to
 | ||||||
| 16 | defray administrative costs incurred by the clerk, shall be  | ||||||
| 17 | remitted by the
clerk to the Treasurer within 60 days after  | ||||||
| 18 | receipt for deposit into the Spinal
Cord Injury Paralysis Cure  | ||||||
| 19 | Research Trust Fund. This additional fee of $5
shall not be  | ||||||
| 20 | considered a part of the fine for purposes of any reduction in  | ||||||
| 21 | the
fine for time served either before or after sentencing. Not  | ||||||
| 22 | later than March 1
of each year the Circuit Clerk shall submit  | ||||||
| 23 | a report of the amount of funds
remitted to the State Treasurer  | ||||||
| 24 | under this subsection during the preceding
calendar year.
 | ||||||
| 25 |  (d) The following amounts must be remitted to the State  | ||||||
| 26 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
 | ||||||
 
  | |||||||
  | |||||||
| 1 |   (1) 50% of the amounts collected for felony offenses  | ||||||
| 2 |  under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,  | ||||||
| 3 |  5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for  | ||||||
| 4 |  Animals Act and Section 26-5 or 48-1 of the Criminal Code  | ||||||
| 5 |  of
1961 or the Criminal Code of 2012;
 | ||||||
| 6 |   (2) 20% of the amounts collected for Class A and Class  | ||||||
| 7 |  B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,  | ||||||
| 8 |  5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care  | ||||||
| 9 |  for Animals Act and Section 26-5 or 48-1 of the Criminal
 | ||||||
| 10 |  Code of 1961 or the Criminal Code of 2012; and
 | ||||||
| 11 |   (3) 50% of the amounts collected for Class C  | ||||||
| 12 |  misdemeanors under Sections
4.01 and 7.1 of the Humane Care  | ||||||
| 13 |  for Animals Act and Section 26-5 or 48-1 of the
Criminal  | ||||||
| 14 |  Code of 1961 or the Criminal Code of 2012.
 | ||||||
| 15 |  (e) Any person who receives a disposition of court  | ||||||
| 16 | supervision for a violation of the Illinois Vehicle Code or a  | ||||||
| 17 | similar provision of a local ordinance shall, in addition to  | ||||||
| 18 | any other fines, fees, and court costs, pay an additional fee  | ||||||
| 19 | of $29, to be disbursed as provided in Section 16-104c of the  | ||||||
| 20 | Illinois Vehicle Code. In addition to the fee of $29, the  | ||||||
| 21 | person shall also pay a fee of $6, if not waived by the court.  | ||||||
| 22 | If this $6 fee is collected, $5.50 of the fee shall be  | ||||||
| 23 | deposited into the Circuit Court Clerk Operation and  | ||||||
| 24 | Administrative Fund created by the Clerk of the Circuit Court  | ||||||
| 25 | and 50 cents of the fee shall be deposited into the Prisoner  | ||||||
| 26 | Review Board Vehicle and Equipment Fund in the State treasury.
 | ||||||
 
  | |||||||
  | |||||||
| 1 |  (f) This Section does not apply to the additional child  | ||||||
| 2 | pornography fines assessed and collected under Section  | ||||||
| 3 | 5-9-1.14 of the Unified Code of Corrections.
 | ||||||
| 4 |  (g) Any person convicted of or pleading guilty to a serious  | ||||||
| 5 | traffic violation, as defined in Section 1-187.001 of the  | ||||||
| 6 | Illinois Vehicle Code, shall pay an additional fee of $35, to  | ||||||
| 7 | be disbursed as provided in Section 16-104d of that Code. This  | ||||||
| 8 | subsection (g) becomes inoperative on January 1, 2020.  | ||||||
| 9 |  (h) In all counties having a population of 3,000,000 or  | ||||||
| 10 | more inhabitants,  | ||||||
| 11 |   (1) A person who is found guilty of or pleads guilty to  | ||||||
| 12 |  violating subsection (a) of Section 11-501 of the Illinois  | ||||||
| 13 |  Vehicle Code, including any person placed on court  | ||||||
| 14 |  supervision for violating subsection (a), shall be fined  | ||||||
| 15 |  $750 as provided for by subsection (f) of Section 11-501.01  | ||||||
| 16 |  of the Illinois Vehicle Code, payable to the circuit clerk,  | ||||||
| 17 |  who shall distribute the money pursuant to subsection (f)  | ||||||
| 18 |  of Section 11-501.01 of the Illinois Vehicle Code.  | ||||||
| 19 |   (2) When a crime laboratory DUI analysis fee of $150,  | ||||||
| 20 |  provided for by Section 5-9-1.9 of the Unified Code of  | ||||||
| 21 |  Corrections is assessed, it shall be disbursed by the  | ||||||
| 22 |  circuit clerk as provided by subsection (f) of Section  | ||||||
| 23 |  5-9-1.9 of the Unified Code of Corrections. | ||||||
| 24 |   (3) When a fine for a violation of Section 11-605.1 of  | ||||||
| 25 |  the Illinois Vehicle Code is $250 or greater, the person  | ||||||
| 26 |  who violated that Section shall be charged an additional  | ||||||
 
  | |||||||
  | |||||||
| 1 |  $125 as provided for by subsection (e) of Section 11-605.1  | ||||||
| 2 |  of the Illinois Vehicle Code, which shall be disbursed by  | ||||||
| 3 |  the circuit clerk to a State or county Transportation  | ||||||
| 4 |  Safety Highway Hire-back Fund as provided by subsection (e)  | ||||||
| 5 |  of Section 11-605.1 of the Illinois Vehicle Code. | ||||||
| 6 |   (4) When a fine for a violation of subsection (a) of  | ||||||
| 7 |  Section 11-605 of the Illinois Vehicle Code is $150 or  | ||||||
| 8 |  greater, the additional $50 which is charged as provided  | ||||||
| 9 |  for by subsection (f) of Section 11-605 of the Illinois  | ||||||
| 10 |  Vehicle Code shall be disbursed by the circuit clerk to a  | ||||||
| 11 |  school district or districts for school safety purposes as  | ||||||
| 12 |  provided by subsection (f) of Section 11-605. | ||||||
| 13 |   (5) When a fine for a violation of subsection (a) of  | ||||||
| 14 |  Section 11-1002.5 of the Illinois Vehicle Code is $150 or  | ||||||
| 15 |  greater, the additional $50 which is charged as provided  | ||||||
| 16 |  for by subsection (c) of Section 11-1002.5 of the Illinois  | ||||||
| 17 |  Vehicle Code shall be disbursed by the circuit clerk to a  | ||||||
| 18 |  school district or districts for school safety purposes as  | ||||||
| 19 |  provided by subsection (c) of Section 11-1002.5 of the  | ||||||
| 20 |  Illinois Vehicle Code.  | ||||||
| 21 |   (6) When a mandatory drug court fee of up to $5 is  | ||||||
| 22 |  assessed as provided in subsection (f) of Section 5-1101 of  | ||||||
| 23 |  the Counties Code, it shall be disbursed by the circuit  | ||||||
| 24 |  clerk as provided in subsection (f) of Section 5-1101 of  | ||||||
| 25 |  the Counties Code. | ||||||
| 26 |   (7) When a mandatory teen court, peer jury, youth  | ||||||
 
  | |||||||
  | |||||||
| 1 |  court, or other youth diversion program fee is assessed as  | ||||||
| 2 |  provided in subsection (e) of Section 5-1101 of the  | ||||||
| 3 |  Counties Code, it shall be disbursed by the circuit clerk  | ||||||
| 4 |  as provided in subsection (e) of Section 5-1101 of the  | ||||||
| 5 |  Counties Code. | ||||||
| 6 |   (8) When a Children's Advocacy Center fee is assessed  | ||||||
| 7 |  pursuant to subsection (f-5) of Section 5-1101 of the  | ||||||
| 8 |  Counties Code, it shall be disbursed by the circuit clerk  | ||||||
| 9 |  as provided in subsection (f-5) of Section 5-1101 of the  | ||||||
| 10 |  Counties Code. | ||||||
| 11 |   (9) When a victim impact panel fee is assessed pursuant  | ||||||
| 12 |  to subsection (b) of Section 11-501.01 of the Vehicle Code,  | ||||||
| 13 |  it shall be disbursed by the circuit clerk to the victim  | ||||||
| 14 |  impact panel to be attended by the defendant. | ||||||
| 15 |   (10) When a new fee collected in traffic cases is  | ||||||
| 16 |  enacted after the effective date of this subsection (h), it  | ||||||
| 17 |  shall be excluded from the percentage disbursement  | ||||||
| 18 |  provisions of this Section unless otherwise indicated by  | ||||||
| 19 |  law.  | ||||||
| 20 |  (i)
Of the amounts collected as fines under subsection (b)  | ||||||
| 21 | of Section 3-712 of the Illinois Vehicle Code, 99% shall be  | ||||||
| 22 | deposited into the Illinois Military Family Relief Fund and 1%  | ||||||
| 23 | shall be deposited into the Circuit Court Clerk Operation and  | ||||||
| 24 | Administrative Fund created by the Clerk of the Circuit Court  | ||||||
| 25 | to be used to offset the costs incurred by the Circuit Court  | ||||||
| 26 | Clerk in performing the additional duties required to collect  | ||||||
 
  | |||||||
  | |||||||
| 1 | and disburse funds to entities of State and local government as  | ||||||
| 2 | provided by law.
 | ||||||
| 3 |  (j) (Blank).  | ||||||
| 4 |  (k) For any conviction or disposition of court supervision  | ||||||
| 5 | for a violation of Section 11-1429 of the Illinois Vehicle  | ||||||
| 6 | Code, the circuit clerk shall distribute the fines paid by the  | ||||||
| 7 | person as specified by subsection (h) of Section 11-1429 of the  | ||||||
| 8 | Illinois Vehicle Code.  | ||||||
| 9 |  (l) Any person who receives a disposition of court  | ||||||
| 10 | supervision for a violation of Section 11-501 of the Illinois  | ||||||
| 11 | Vehicle Code or a similar provision of a local ordinance shall,  | ||||||
| 12 | in addition to any other fines, fees, and court costs, pay an  | ||||||
| 13 | additional fee of $50, which shall
be collected by the circuit  | ||||||
| 14 | clerk and then remitted to the State Treasurer for deposit into  | ||||||
| 15 | the Roadside Memorial Fund, a special fund in the State  | ||||||
| 16 | treasury. However, the court may waive the fee if full  | ||||||
| 17 | restitution is complied with. Subject to appropriation, all  | ||||||
| 18 | moneys in the Roadside Memorial Fund shall be used by the  | ||||||
| 19 | Department of Transportation to pay fees imposed under  | ||||||
| 20 | subsection (f) of Section 20 of the Roadside Memorial Act. The  | ||||||
| 21 | fee shall be remitted by the circuit clerk within one month  | ||||||
| 22 | after receipt to the State Treasurer for deposit into the  | ||||||
| 23 | Roadside Memorial Fund.  | ||||||
| 24 |  (m) Of the amounts collected as fines under subsection (c)  | ||||||
| 25 | of Section 411.4 of the Illinois Controlled Substances Act or  | ||||||
| 26 | subsection (c) of Section 90 of the Methamphetamine Control and  | ||||||
 
  | |||||||
  | |||||||
| 1 | Community Protection Act, 99% shall be deposited to the law  | ||||||
| 2 | enforcement agency or fund specified and 1% shall be deposited  | ||||||
| 3 | into the Circuit Court Clerk Operation and Administrative Fund  | ||||||
| 4 | to be used to offset the costs incurred by the Circuit Court  | ||||||
| 5 | Clerk in performing the additional duties required to collect  | ||||||
| 6 | and disburse funds to entities of State and local government as  | ||||||
| 7 | provided by law.  | ||||||
| 8 |  (n) In addition to any other fines and court costs assessed  | ||||||
| 9 | by the courts, any person who is convicted of or pleads guilty  | ||||||
| 10 | to a violation of the Criminal Code of 1961 or the Criminal  | ||||||
| 11 | Code of 2012, or a similar provision of a local ordinance, or  | ||||||
| 12 | who is convicted of, pleads guilty to, or receives a  | ||||||
| 13 | disposition of court supervision for a violation of the  | ||||||
| 14 | Illinois Vehicle Code, or a similar provision of a local  | ||||||
| 15 | ordinance, shall pay an additional fee of $15 to the clerk of  | ||||||
| 16 | the circuit court. This additional fee of $15 shall not be  | ||||||
| 17 | considered a part of the fine for purposes of any reduction in  | ||||||
| 18 | the fine for time served either before or after sentencing.  | ||||||
| 19 | This amount, less 2.5% that shall be used to defray  | ||||||
| 20 | administrative costs incurred by the clerk, shall be remitted  | ||||||
| 21 | by the clerk to the State Treasurer within 60 days after  | ||||||
| 22 | receipt for deposit into the State Police Merit Board Public  | ||||||
| 23 | Safety Fund.  | ||||||
| 24 |  (o) The amounts collected as fines under Sections 10-9,  | ||||||
| 25 | 11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall  | ||||||
| 26 | be collected by the circuit clerk and distributed as provided  | ||||||
 
  | |||||||
  | |||||||
| 1 | under Section 5-9-1.21 of the Unified Code of Corrections in  | ||||||
| 2 | lieu of any disbursement under subsection (a) of this Section. | ||||||
| 3 | (Source: P.A. 97-434, eff. 1-1-12; 97-1051, eff. 1-1-13;  | ||||||
| 4 | 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-658, eff.  | ||||||
| 5 | 6-23-14; 98-1013, eff. 1-1-15; revised 10-2-14.)
 | ||||||
| 6 |  Section 10. The Criminal Code of 2012 is amended by adding  | ||||||
| 7 | Section 12C-75 as follows:
 | ||||||
| 8 |  (720 ILCS 5/12C-75 new) | ||||||
| 9 |  Sec. 12C-75. Parental cyber-bullying. | ||||||
| 10 |  (a) As used in this Section: | ||||||
| 11 |   "Electronic communication" has the meaning ascribed to  | ||||||
| 12 |  it in paragraph (2) of subsection (c) of Section 12-7.5 of  | ||||||
| 13 |  this Code. | ||||||
| 14 |   "Emotional distress" has the meaning ascribed to it in  | ||||||
| 15 |  paragraph (3) of subsection (c) of Section 12-7.5 of this  | ||||||
| 16 |  Code.  | ||||||
| 17 |   "Harass" has the meaning ascribed to it in paragraph  | ||||||
| 18 |  (4) of subsection (c) of Section 12-7.5 of this Code.  | ||||||
| 19 |   "Social media" means websites and other online means of  | ||||||
| 20 |  communication that are used by large groups of people to  | ||||||
| 21 |  share information and to develop social and professional  | ||||||
| 22 |  contacts, including, but not limited to, Facebook,  | ||||||
| 23 |  Twitter, Pinterest, Instagram, and Myspace.  | ||||||
| 24 |  (b) A person commits parental cyber-bullying when he or  | ||||||
 
  | |||||||
  | |||||||
| 1 | she: | ||||||
| 2 |   (1) is a parent or legal guardian of a minor who is  | ||||||
| 3 |  under 18 years of age at the time of the commission of the  | ||||||
| 4 |  offense; and | ||||||
| 5 |   (2) with the intent to discipline, embarrass, or alter  | ||||||
| 6 |  the behavior of that minor, transmits, using electronic  | ||||||
| 7 |  communication, any verbal or visual message posted on  | ||||||
| 8 |  social media that the parent or legal guardian reasonably  | ||||||
| 9 |  believes would coerce, intimidate, harass, or cause  | ||||||
| 10 |  substantial emotional distress to the minor.  | ||||||
| 11 |  (c) Sentence. Parental cyber-bullying is a petty offense.  | ||||||
| 12 | If a person is convicted of parental cyber-bullying, the court  | ||||||
| 13 | shall order that person to pay for the costs of prosecution  | ||||||
| 14 | under Section 124A-5 of the Code of Criminal Procedure of 1963  | ||||||
| 15 | and that a portion of the fine, as determined by the court, be  | ||||||
| 16 | placed in escrow for the purchase of a certificate of deposit  | ||||||
| 17 | for use by the minor victim when he or she attains 18 years of  | ||||||
| 18 | age. 
 | ||||||