2005 Illinois 625 ILCS 5/ Illinois Vehicle Code. Article I - Enforcement, Penalties And Disposition Of Fines And Forfeitures
(625 ILCS 5/Ch. 16 Art. I heading) ARTICLE I. ENFORCEMENT, PENALTIES AND DISPOSITION OF FINES AND FORFEITURES
(625 ILCS 5/16‑101)(from Ch. 95 1/2, par. 16‑101) Sec. 16‑101. Applicability. The provisions of this Chapter shall be applicable to the enforcement of
this entire Code, except where another penalty is set forth in a specific
Chapter which is applicable to that Chapter or a designated part or Section thereof. (Source: P.A. 82‑1011.)
(625 ILCS 5/16‑102)(from Ch. 95 1/2, par. 16‑102) Sec. 16‑102. Arrests ‑ Investigations ‑ Prosecutions. (a) The State Police shall patrol the public highways and make arrests
for violation of the provisions of this Act. (b) The Secretary of State, through the investigators provided for in
this Act shall investigate and report violations of the provisions of
this Act in relation to the equipment and operation of vehicles as
provided for in Section 2‑115 and for such purposes these investigators
have and may exercise throughout the State all of the powers of police officers. (c) The State's Attorney of the county in which the violation occurs
shall prosecute all violations except when the violation occurs within
the corporate limits of a municipality, the municipal attorney may
prosecute if written permission to do so is obtained from the State's
Attorney. (d) The State's Attorney of the county in which the violation occurs may not grant to the municipal attorney permission to prosecute if the offense charged is a felony under Section 11‑501 of this Code. The municipality may, however, charge an offender with a municipal misdemeanor offense if the State's Attorney rejects or denies felony charges for the conduct that comprises the charge.
(Source: P.A. 94‑111, eff. 1‑1‑06; 94‑740, eff. 5‑8‑06.)
(625 ILCS 5/16‑102.5) Sec. 16‑102.5. Enforcement by municipality. (a) If a municipality adopts an
ordinance similar to subsection (f) of Section 3‑413 or Section 11‑1304.5
of this Code, any person
that a municipality designates to enforce ordinances regulating the standing or
parking of vehicles shall have the authority to enforce the provisions of
subsection (f) of Section 3‑413 or Section 11‑1304.5 of this Code or the
similar local ordinance.
However, the authority to enforce subsection (f) of Section 3‑413 or Section
11‑1304.5 of this Code
or a similar local ordinance shall not be given to an appointed volunteer or
private or public entity under contract to enforce person with
disabilities parking laws. (b) To enforce the provisions of subsection (f) of Section 3‑413 or
Section 11‑1304.5 of this
Code or a similar local ordinance, a municipality shall impose a fine not
exceeding $25. (Source: P.A. 90‑513, eff. 8‑22‑97; 90‑655, eff. 7‑30‑98; 91‑487, eff. 1‑1‑00.)
(625 ILCS 5/16‑103)(from Ch. 95 1/2, par. 16‑103) Sec. 16‑103. Arrest outside county where violation committed. Whenever a defendant is arrested upon a warrant charging a violation of
this Act in a county other than that in which such warrant was issued, the
arresting officer, immediately upon the request of the defendant, shall
take such defendant before a circuit judge or associate circuit judge in
the county in which the arrest was made who shall admit the defendant to
bail for his appearance before the court named in the warrant. On taking
such bail the circuit judge or associate circuit judge shall certify such
fact on the warrant and deliver the warrant and undertaking of bail or
other security, or the drivers license of such defendant if deposited,
under the law relating to such licenses, in lieu of such security, to the
officer having charge of the defendant. Such officer shall then immediately
discharge the defendant from arrest and without delay deliver such warrant
and such undertaking of bail, or other security or drivers license to the
court before which the defendant is required to appear. (Source: P. A. 77‑1280.)
(625 ILCS 5/16‑104)(from Ch. 95 1/2, par. 16‑104) Sec. 16‑104. Penalties. Every person convicted of a violation of any
provision of this
Code for which another penalty is not provided shall, for a
first or
second conviction thereof, be guilty of a petty offense and, for
a
third or subsequent conviction within one year after the first
conviction, be guilty of a Class C misdemeanor. (Source: P.A. 91‑357, eff. 7‑29‑99.)
(625 ILCS 5/16‑104a)(from Ch. 95 1/2, par. 16‑104a) Sec. 16‑104a. Additional penalty for certain violations. There is added
to every fine imposed upon conviction of an offense reportable to the
Secretary of State under the provisions of subdivision (a) (2) of
Section 6‑204 of this Act an additional penalty of $4 for each $40, or fraction
thereof, of fine imposed. Each such additional penalty received shall be
remitted within one month to the State Treasurer to be deposited into the
Drivers Education Fund, unless the additional penalty is subject to
disbursement by the circuit clerk under Section 27.5 of the Clerks of
Courts Act. Such additional amounts shall be assessed by the
court and shall be collected by the Clerk of the Circuit Court in addition
to the fine and costs in the case. 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
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
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
fee, if applicable, payable to the county in which the violation occurred
pursuant to Section 5‑1101 of the Counties Code. When bail is forfeited for failure to appear in connection
with an offense reportable to the Secretary of State under subdivision (a)
(2) of Section 6‑204 of this Act, and no fine is imposed ex parte, $4
of
every $40 cash deposit, or fraction thereof, given to secure appearance
shall be remitted within one month to the State Treasurer
to be deposited into the Drivers Education Fund, unless the bail is
subject to disbursement by the circuit clerk under Section 27.5 of the
Clerks of Courts Act. (Source: P.A. 91‑716, eff. 10‑1‑00.)
(625 ILCS 5/16‑104b) Sec. 16‑104b. Amounts for Trauma Center Fund. In counties that have
elected not to distribute moneys under the disbursement formulas in
Sections 27.5 and 27.6 of the Clerks of Courts Act, the Circuit Clerk of
the County, when collecting fees, fines, costs, additional penalties,
bail balances assessed or forfeited, and any other amount imposed upon a
conviction of or an order of supervision for a violation of laws or ordinances
regulating the movement of traffic that amounts to $55 or more, shall remit $5
of the total amount collected, less 2 1/2% of the $5 to help defray the
administrative costs incurred by the Clerk, except that upon a conviction or
order of supervision for driving under the influence of alcohol or drugs the
Clerk shall remit $105 of the total amount collected ($5 for a
traffic violation
that amounts to $55 or more and an additional fee of $100 to be
collected by the
Circuit Clerk for a conviction or order of supervision for driving under the
influence of alcohol or drugs), less the 2 1/2%, within 60 days
to
the State
Treasurer to be deposited into the Trauma Center Fund. Of the amounts deposited
into the Trauma Center Fund under this Section, 50% shall be disbursed to the
Department of Public Health and 50% shall be disbursed to the Department of
Public Aid.
Not later than March 1 of each year the Circuit Clerk shall submit a report
of the amount of funds remitted to the State Treasurer under this Section
during the preceding calendar year. (Source: P.A. 92‑431, eff. 1‑1‑02.)
(625 ILCS 5/16‑105)(from Ch. 95 1/2, par. 16‑105) Sec. 16‑105. Disposition of fines and forfeitures. (a) Except as provided in Section 16‑104a of this Act and except for
those amounts required to be paid into the Traffic and Criminal Conviction
Surcharge Fund in the State Treasury pursuant to Section 9.1 of the
Illinois Police Training Act and Section 5‑9‑1 of the Unified Code of
Corrections and except those amounts subject to disbursement by the circuit
clerk under Section 27.5 of the Clerks of Courts Act, fines and penalties
recovered under the provisions of Chapters 11 through 16 inclusive of this
Code shall be paid and used as follows: 1. For offenses committed upon a highway within the
limits of a city, village, or incorporated town or under the jurisdiction of any park district, to the treasurer of the particular city, village, incorporated town or park district, if the violator was arrested by the authorities of the city, village, incorporated town or park district, provided the police officers and officials of cities, villages, incorporated towns and park districts shall seasonably prosecute for all fines and penalties under this Code. If the violation is prosecuted by the authorities of the county, any fines or penalties recovered shall be paid to the county treasurer. Provided further that if the violator was arrested by the State Police, fines and penalties recovered under the provisions of paragraph (a) of Section 15‑113 of this Code or paragraph (e) of Section 15‑316 of this Code shall be paid over to the Department of State Police which shall thereupon remit the amount of the fines and penalties so received to the State Treasurer who shall deposit the amount so remitted in the special fund in the State treasury known as the Road Fund except that if the violation is prosecuted by the State's Attorney, 10% of the fine or penalty recovered shall be paid to the State's Attorney as a fee of his office and the balance shall be paid over to the Department of State Police for remittance to and deposit by the State Treasurer as hereinabove provided.
2. Except as provided in paragraph 4, for offenses
committed upon any highway outside the limits of a city, village, incorporated town or park district, to the county treasurer of the county where the offense was committed except if such offense was committed on a highway maintained by or under the supervision of a township, township district, or a road district to the Treasurer thereof for deposit in the road and bridge fund of such township or other district; Provided, that fines and penalties recovered under the provisions of paragraph (a) of Section 15‑113, paragraph (d) of Section 3‑401, or paragraph (e) of Section 15‑316 of this Code shall be paid over to the Department of State Police which shall thereupon remit the amount of the fines and penalties so received to the State Treasurer who shall deposit the amount so remitted in the special fund in the State treasury known as the Road Fund except that if the violation is prosecuted by the State's Attorney, 10% of the fine or penalty recovered shall be paid to the State's Attorney as a fee of his office and the balance shall be paid over to the Department of State Police for remittance to and deposit by the State Treasurer as hereinabove provided.
3. Notwithstanding subsections 1 and 2 of this
paragraph, for violations of overweight and overload limits found in Sections 15‑101 through 15‑203 of this Code, which are committed upon the highways belonging to the Illinois State Toll Highway Authority, fines and penalties shall be paid over to the Illinois State Toll Highway Authority for deposit with the State Treasurer into that special fund known as the Illinois State Toll Highway Authority Fund, except that if the violation is prosecuted by the State's Attorney, 10% of the fine or penalty recovered shall be paid to the State's Attorney as a fee of his office and the balance shall be paid over to the Illinois State Toll Highway Authority for remittance to and deposit by the State Treasurer as hereinabove provided.
4. With regard to violations of overweight and
overload limits found in Sections 15‑101 through 15‑203 of this Code committed by operators of vehicles registered as Special Hauling Vehicles, for offenses committed upon a highway within the limits of a city, village, or incorporated town or under the jurisdiction of any park district, all fines and penalties shall be paid over or retained as required in paragraph 1. However, with regard to the above offenses committed by operators of vehicles registered as Special Hauling Vehicles upon any highway outside the limits of a city, village, incorporated town or park district, fines and penalties shall be paid over or retained by the entity having jurisdiction over the road or highway upon which the offense occurred, except that if the violation is prosecuted by the State's Attorney, 10% of the fine or penalty recovered shall be paid to the State's Attorney as a fee of his office.
(b) Failure, refusal or neglect on the part of any judicial or other
officer or employee receiving or having custody of any such fine or
forfeiture either before or after a deposit with the proper official as
defined in paragraph (a) of this Section, shall constitute misconduct in
office and shall be grounds for removal therefrom. (Source: P.A. 88‑403; 88‑476; 88‑535; 89‑117, eff. 7‑7‑95.)
(625 ILCS 5/16‑105.5) Sec. 16‑105.5. Payment to municipality. All revenues derived from the
issuance of citations for violations of subsection (f) of Section 3‑413 of
this Code or a similar local ordinance that are required to be paid to a
municipality under this Code shall be deposited into the general fund of the
municipality. (Source: P.A. 90‑513, eff. 8‑22‑97.)
(625 ILCS 5/16‑106)(from Ch. 95 1/2, par. 16‑106) Sec. 16‑106. For offenses committed under the provisions of this Act or the
ordinances of any municipality, park district or county which involve the
regulation of the ownership, use or operation of vehicles, the police
officers and officials of such municipalities and park districts, and
sheriffs shall,
when issuing a traffic ticket, other citation, or Notice to Appear in
lieu of either, in counties other than Cook, also issue written notice
to the accused in substantially the following form: AVOID MULTIPLE COURT APPEARANCESIf you intend to plead "not guilty" to this charge, or if, in
addition, you intend to demand a trial by jury, so notify the clerk of
the court at least 5 days (excluding Saturdays, Sundays or holidays)
before the day set for your appearance. A new appearance date will be
set, and arrangements will be made to have the arresting officer present
on that new date. Failure to notify the clerk of either your intention
to plead "not guilty" or your intention to demand a jury trial, may
result in your having to return to court, if you plead "not guilty" on
the date originally set for your court appearance. Upon timely receipt
of notice that the accused intends to plead "not guilty", the clerk
shall set a new appearance date not less than 7 days nor more than 49
days after the original appearance date set by the arresting officer,
and notify all parties of the new date and the time for appearance. If
the accused fails to notify the clerk as provided above, the arresting
officer's failure to appear on the date originally set for appearance
may, in counties other than Cook, be considered good cause for a
continuance. (Source: P.A. 81‑781.)
(625 ILCS 5/16‑106.5) Sec. 16‑106.5. Pilot project; notice of violation to owner. (a) A pilot project is created that shall be in operation from January 1,
2002
through December 31, 2003 in the counties of DuPage, Kendall, and Sangamon.
Under
the pilot project, when a traffic citation is issued for a violation of this
Code to a person who is
under the age of 18 years, who is a resident of the county in which the traffic
citation was issued, and who is not the registered owner of the vehicle named
in the
traffic citation, the circuit clerk of the county in which the traffic citation
was issued
shall, within 10 days after the traffic citation is filed with the circuit
clerk, send notice of
the issuance of the traffic citation to the registered owner of the vehicle.
The notice must
include: (1) the date and time the violation was alleged to
have been committed;
(2) the location where the violation was alleged to
have been committed;
(3) the name of the person cited for committing the
alleged violation;
(4) the violation alleged to have been committed; and (5) the date and time of any required court
appearance by the person cited for committing the alleged violation.
(b) On or before March 31, 2004, the Department of State Police shall report
to
the General Assembly on the effectiveness of the pilot project. (Source: P.A. 92‑344, eff. 8‑10‑01.)
(625 ILCS 5/16‑107)(from Ch. 95 1/2, par. 16‑107) Sec. 16‑107. Appearance of parent or guardian of minor in certain court
proceedings ‑ Judicial discretion. (a) Whenever an unemancipated minor
is required to appear in court pursuant to a citation for violation of any
Section or any subsection of any Section of this Act specified in subsection
(b) of this Section, the court may require that a parent or guardian of
the minor accompany the minor and appear before the court with the minor,
unless, in the discretion of the court, such appearance would be unreasonably
burdensome under the circumstances. (b) This Section shall apply whenever an unemancipated minor is charged
with violation of any of the following Sections and subsections of this Act: 1) Sections 3‑701, 3‑702 and 3‑703; 2) Sections 4‑102, 4‑103, 4‑104 and 4‑105; 3) Section 6‑101, subsections (a), (b) and (c) of Section 6‑104, and Sections
6‑113, 6‑301, 6‑302, 6‑303 and 6‑304; 4) Sections 11‑203 and 11‑204, subsection (b) of Section 11‑305, Sections
11‑311, 11‑312, 11‑401, 11‑402, 11‑403, 11‑404, 11‑407, 11‑409, 11‑501,
11‑502, 11‑503 and 11‑504, subsection (b) of Section 11‑601, Sections 11‑704,
11‑707, 11‑1007, 11‑1403, 11‑1404 and subsection (a) of Section 11‑1414. (Source: P.A. 80‑646.)
(625 ILCS 5/16‑108) Sec. 16‑108. Claims of diplomatic immunity. (a) This Section applies only to an individual that displays to a police
officer a
driver's license issued by the U.S. Department of State or that otherwise
claims
immunities or privileges under Title 22, Chapter 6 of the United States Code
with
respect to the individual's violation of Section 9‑3 or Section 9‑3.2 of the
Criminal Code
of 1961 or his or her violation of a traffic regulation governing the movement
of vehicles
under this Code or a similar provision of a local ordinance. (b) If a driver subject to this Section is stopped by a police officer that
has
probable cause to believe that the driver has committed a violation described
in
subsection (a) of this Section, the police officer shall: (1) as soon as practicable contact the U.S.
Department of State office in order to verify the driver's status and immunity, if any;
(2) record all relevant information from any
driver's license or identification card, including a driver's license or identification card issued by the U.S. Department of State; and
(3) within 5 workdays after the date of the stop,
forward the following to the Secretary of State of Illinois:
(A) a vehicle accident report, if the driver was
involved in a vehicle accident;
(B) if a citation or charge was issued to the
driver, a copy of the citation or charge; and
(C) if a citation or charge was not issued to
the driver, a written report of the incident.
(c) Upon receiving material submitted under paragraph (3) of subsection (b)
of
this Section, the Secretary of State shall: (1) file each vehicle accident report, citation or
charge, and incident report received;
(2) keep convenient records or make suitable
notations showing each:
(A) conviction; (B) disposition of court supervision for any
violation of Section 11‑501 of this Code; and
(C) vehicle accident; and (3) send a copy of each document and record
described in paragraph (2) of this subsection (c) to the Bureau of Diplomatic Security, Office of Foreign Missions, of the U.S. Department of State.
(d) This Section does not prohibit or limit the application of any law to a
criminal
or motor vehicle violation by an individual who has or claims immunities or
privileges
under Title 22, Chapter 6 of the United States Code. (Source: P.A. 92‑160, eff. 7‑25‑01.)
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