(730 ILCS 5/5‑9‑1) (from Ch. 38, par. 1005‑9‑1)
(Text of Section from P.A. 94‑556)
Sec. 5‑9‑1. Authorized fines.
(a) An offender may be sentenced to pay a
fine which shall not exceed for each offense:
(1) for a felony, $25,000 or the amount specified in
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the offense, whichever is greater, or where the offender is a corporation, $50,000 or the amount specified in the offense, whichever is greater;
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(2) for a Class A misdemeanor, $2,500 or the amount
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specified in the offense, whichever is greater;
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(3) for a Class B or Class C misdemeanor, $1,500;
(4) for a petty offense, $1,000 or the amount
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specified in the offense, whichever is less;
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(5) for a business offense, the amount specified in
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the statute defining that offense.
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(b) A fine may be imposed in addition to a sentence of conditional
discharge, probation, periodic imprisonment, or imprisonment.
(c) There shall be added to every fine imposed in sentencing for a
criminal or traffic offense, except an offense relating to parking or
registration, or offense by a pedestrian, an additional penalty of $5 for
each $40, or fraction thereof, of fine imposed.
The additional penalty of $5 for each $40, or fraction thereof, of fine
imposed, if not otherwise assessed, shall also be added to every fine
imposed upon a plea of guilty, stipulation of facts or findings of guilty,
resulting in a judgment of conviction, or order of supervision in criminal,
traffic, local ordinance, county ordinance, and conservation cases (except
parking, registration, or pedestrian violations), or upon
a sentence of probation without entry of judgment under Section 10 of the
Cannabis Control Act, Section 410 of the Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act.
Such additional amounts shall be assessed by the court imposing
the fine and shall be collected by the Circuit Clerk in addition to the
fine and costs in the case. Each such additional penalty shall be
remitted by the Circuit Clerk within one month after receipt to the State
Treasurer. The State Treasurer shall deposit $1 for each $40, or fraction
thereof, of fine imposed into the LEADS Maintenance Fund. The remaining
surcharge amount shall be deposited into the Traffic and Criminal Conviction
Surcharge
Fund, unless the fine, costs or additional amounts are subject to
disbursement by the circuit clerk under Section 27.5 of the Clerks of
Courts Act. Such additional penalty shall not be considered a part of the fine
for purposes of any reduction in the fine for time served either before or
after sentencing.
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 subsection (c) during the preceding calendar year.
Except as otherwise provided by Supreme Court Rules, if a court in imposing
a fine against 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.
(c‑5) In addition to the fines imposed by subsection (c), any person
convicted or receiving an order of supervision for driving under the influence
of alcohol or drugs shall pay an additional $100 fee to the clerk.
This
additional fee, less 2 1/2% that shall be
used to defray administrative costs incurred by the clerk, shall be remitted by
the clerk to the Treasurer within 60 days after receipt for deposit into the
Trauma Center Fund. This additional fee of $100 shall not be
considered a part of
the
fine for purposes of any reduction in the fine for time served either before or
after sentencing.
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 subsection (c‑5) during the preceding calendar year.
The Circuit Clerk may accept payment of fines and costs by credit card
from an offender who has been convicted of a traffic offense, petty offense
or misdemeanor and may charge the service fee permitted where fines and
costs are paid by credit card provided for in Section 27.3b of the Clerks
of Courts Act.
(c‑7) In addition to the fines imposed by subsection (c), any person
convicted or receiving an order of supervision for driving under the influence
of alcohol or drugs shall pay an additional $5 fee to the clerk. This
additional fee, less 2 1/2% that shall be
used to defray administrative costs incurred by the clerk, shall be remitted by
the clerk to the Treasurer within 60 days after receipt for deposit into the
Spinal Cord Injury Paralysis Cure Research Trust Fund. This additional fee of
$5 shall not be
considered a part of
the
fine for purposes of any reduction in the fine for time served either before or
after sentencing.
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 subsection (c‑7) during the preceding calendar year.
(c‑9) There shall be added to every fine imposed in sentencing for a
criminal or
traffic offense, except an offense relating to parking or registration, or
offense by a
pedestrian, an additional penalty of $4 imposed. The additional penalty of $4
shall
also be added to every fine imposed upon a plea of guilty, stipulation of
facts
or findings
of guilty, resulting in a judgment of conviction, or order of supervision in
criminal,
traffic, local ordinance, county ordinance, or conservation cases (except
parking,
registration, or pedestrian violations), or upon a sentence of probation
without entry of
judgment under Section 10 of the Cannabis Control Act, Section 410 of the
Controlled
Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act. Such additional penalty of $4 shall be assessed by the court
imposing
the fine and shall be collected by the circuit clerk in addition to any other
fine, costs, fees,
and penalties in the case. Each such additional penalty of $4 shall be
remitted to the State Treasurer by the
circuit clerk within one month after receipt. The State
Treasurer
shall deposit the additional penalty of $4 into the Traffic and Criminal
Conviction
Surcharge Fund. The additional penalty of $4 shall be in addition to any other
fine,
costs, fees, and penalties and shall not reduce or affect the distribution of
any other fine,
costs, fees, and penalties.
(d) In determining the amount and method of payment of a fine, except
for those fines established for violations of Chapter 15 of the Illinois
Vehicle Code, the court shall consider:
(1) the financial resources and future ability of
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the offender to pay the fine; and
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(2) whether the fine will prevent the offender from
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making court ordered restitution or reparation to the victim of the offense; and
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(3) in a case where the accused is a dissolved
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corporation and the court has appointed counsel to represent the corporation, the costs incurred either by the county or the State for such representation.
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(e) The court may order the fine to be paid forthwith or within a
specified period of time or in installments.
(f) All fines, costs and additional amounts 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, and 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.
(Source: P.A. 93‑32, eff. 6‑20‑03; 94‑556, eff. 9‑11‑05.)
(Text of Section from P.A. 94‑652)
Sec. 5‑9‑1. Authorized fines.
(a) An offender may be sentenced to pay a
fine which shall not exceed for each offense:
(1) for a felony, $25,000 or the amount specified in
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the offense, whichever is greater, or where the offender is a corporation, $50,000 or the amount specified in the offense, whichever is greater;
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(2) for a Class A misdemeanor, $2,500 or the amount
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specified in the offense, whichever is greater;
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(3) for a Class B or Class C misdemeanor, $1,500;
(4) for a petty offense, $1,000 or the amount
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specified in the offense, whichever is less;
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(5) for a business offense, the amount specified in
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the statute defining that offense.
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(b) A fine may be imposed in addition to a sentence of conditional
discharge, probation, periodic imprisonment, or imprisonment.
(c) There shall be added to every fine imposed in sentencing for a
criminal or traffic offense, except an offense relating to parking or
registration, or offense by a pedestrian, an additional penalty of $9 for
each $40, or fraction thereof, of fine imposed.
The additional penalty of $9 for each $40, or fraction thereof, of fine
imposed, if not otherwise assessed, shall also be added to every fine
imposed upon a plea of guilty, stipulation of facts or findings of guilty,
resulting in a judgment of conviction, or order of supervision in criminal,
traffic, local ordinance, county ordinance, and conservation cases (except
parking, registration, or pedestrian violations), or upon
a sentence of probation without entry of judgment under Section 10 of the
Cannabis Control Act or Section 410 of the Controlled Substances Act.
Such additional amounts shall be assessed by the court imposing
the fine and shall be collected by the Circuit Clerk in addition to the
fine and costs in the case. Each such additional penalty shall be
remitted by the Circuit Clerk within one month after receipt to the State
Treasurer. The State Treasurer shall deposit $1 for each $40, or fraction
thereof, of fine imposed into the LEADS Maintenance Fund. The remaining
surcharge amount shall be deposited into the Traffic and Criminal Conviction
Surcharge
Fund, unless the fine, costs or additional amounts are subject to
disbursement by the circuit clerk under Section 27.5 of the Clerks of
Courts Act. Such additional penalty shall not be considered a part of the fine
for purposes of any reduction in the fine for time served either before or
after sentencing.
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 subsection (c) during the preceding calendar year.
Except as otherwise provided by Supreme Court Rules, if a court in imposing
a fine against 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.
(c‑5) In addition to the fines imposed by subsection (c), any person
convicted or receiving an order of supervision for driving under the influence
of alcohol or drugs shall pay an additional $100 fee to the clerk.
This
additional fee, less 2 1/2% that shall be
used to defray administrative costs incurred by the clerk, shall be remitted by
the clerk to the Treasurer within 60 days after receipt for deposit into the
Trauma Center Fund. This additional fee of $100 shall not be
considered a part of
the
fine for purposes of any reduction in the fine for time served either before or
after sentencing.
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 subsection (c‑5) during the preceding calendar year.
The Circuit Clerk may accept payment of fines and costs by credit card
from an offender who has been convicted of a traffic offense, petty offense
or misdemeanor and may charge the service fee permitted where fines and
costs are paid by credit card provided for in Section 27.3b of the Clerks
of Courts Act.
(c‑7) In addition to the fines imposed by subsection (c), any person
convicted or receiving an order of supervision for driving under the influence
of alcohol or drugs shall pay an additional $5 fee to the clerk. This
additional fee, less 2 1/2% that shall be
used to defray administrative costs incurred by the clerk, shall be remitted by
the clerk to the Treasurer within 60 days after receipt for deposit into the
Spinal Cord Injury Paralysis Cure Research Trust Fund. This additional fee of
$5 shall not be
considered a part of
the
fine for purposes of any reduction in the fine for time served either before or
after sentencing.
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 subsection (c‑7) during the preceding calendar year.
(c‑9) (Blank).
(d) In determining the amount and method of payment of a fine, except
for those fines established for violations of Chapter 15 of the Illinois
Vehicle Code, the court shall consider:
(1) the financial resources and future ability of
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the offender to pay the fine; and
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(2) whether the fine will prevent the offender from
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making court ordered restitution or reparation to the victim of the offense; and
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(3) in a case where the accused is a dissolved
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corporation and the court has appointed counsel to represent the corporation, the costs incurred either by the county or the State for such representation.
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(e) The court may order the fine to be paid forthwith or within a
specified period of time or in installments.
(f) All fines, costs and additional amounts 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, and 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.
(Source: P.A. 93‑32, eff. 6‑20‑03; 94‑652, eff. 8‑22‑05.)
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(730 ILCS 5/5‑9‑1.2) (from Ch. 38, par. 1005‑9‑1.2)
(Text of Section from P.A. 94‑550)
Sec. 5‑9‑1.2. (a) Twelve and one‑half percent of all amounts collected
as fines pursuant to Section 5‑9‑1.1 shall be paid into the Youth Drug
Abuse Prevention Fund, which is hereby created in the State treasury, to be
used by the Department of Human Services
for the funding of
programs and services for drug‑abuse treatment, and prevention and
education services, for juveniles.
(b) Eighty‑seven and one‑half percent of the proceeds of all fines
received pursuant to Section 5‑9‑1.1 shall be transmitted to and deposited
in the treasurer's office at the level of government as follows:
(1) If such seizure was made by a combination of law
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enforcement personnel representing differing units of local government, the court levying the fine shall equitably allocate 50% of the fine among these units of local government and shall allocate 37 1/2% to the county general corporate fund. In the event that the seizure was made by law enforcement personnel representing a unit of local government from a municipality where the number of inhabitants exceeds 2 million in population, the court levying the fine shall allocate 87 1/2% of the fine to that unit of local government. If the seizure was made by a combination of law enforcement personnel representing differing units of local government, and at least one of those units represents a municipality where the number of inhabitants exceeds 2 million in population, the court shall equitably allocate 87 1/2% of the proceeds of the fines received among the differing units of local government.
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(2) If such seizure was made by State law
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enforcement personnel, then the court shall allocate 37 1/2% to the State treasury and 50% to the county general corporate fund.
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(3) If a State law enforcement agency in combination
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with a law enforcement agency or agencies of a unit or units of local government conducted the seizure, the court shall equitably allocate 37 1/2% of the fines to or among the law enforcement agency or agencies of the unit or units of local government which conducted the seizure and shall allocate 50% to the county general corporate fund.
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(c) The proceeds of all fines allocated to the law enforcement agency or
agencies of the unit or units of local government pursuant to subsection
(b) shall be made available to that law enforcement agency as expendable
receipts for use in the enforcement of laws regulating controlled
substances and cannabis. The proceeds of fines awarded to the State
treasury shall be deposited in a special fund known as the Drug Traffic
Prevention Fund. Monies from this fund may be used by the Department of
State Police for use in the enforcement of laws regulating controlled
substances and cannabis; to satisfy funding provisions of the
Intergovernmental Drug Laws Enforcement Act; and to defray costs and
expenses
associated with returning violators of the Cannabis Control Act and the
Illinois Controlled Substances Act only, as provided in those Acts, when
punishment of the crime shall be confinement of the criminal in the
penitentiary. Moneys in the Drug Traffic Prevention Fund deposited from
fines
awarded
as a direct result of enforcement efforts of the Illinois Conservation Police
may be used by the Department of Natural Resources Office of Law
Enforcement for use in enforcing laws regulating controlled substances
and cannabis on Department of Natural Resources regulated lands and
waterways. All other monies shall be paid into the general revenue
fund in the State treasury.
(d) There is created in the State treasury the Methamphetamine Law Enforcement Fund. Moneys in the Fund shall be equitably allocated to local law enforcement agencies to: (1) reimburse those agencies for the costs of securing and cleaning up sites and facilities used for the illegal manufacture of methamphetamine; (2) defray the costs of employing full‑time or part‑time peace officers from a Metropolitan Enforcement Group or other local drug task force, including overtime costs for those officers; and (3) defray the costs associated with medical or dental expenses incurred by the county resulting from the incarceration of methamphetamine addicts in the county jail or County Department of Corrections.
(Source: P.A. 94‑550, eff. 1‑1‑06.)
(Text of Section from P.A. 94‑556)
Sec. 5‑9‑1.2. (a) Twelve and one‑half percent of all amounts collected
as fines pursuant to Section 5‑9‑1.1 shall be paid into the Youth Drug
Abuse Prevention Fund, which is hereby created in the State treasury, to be
used by the Department of Human Services
for the funding of
programs and services for drug‑abuse treatment, and prevention and
education services, for juveniles.
(b) Eighty‑seven and one‑half percent of the proceeds of all fines
received pursuant to Section 5‑9‑1.1 shall be transmitted to and deposited
in the treasurer's office at the level of government as follows:
(1) If such seizure was made by a combination of law
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enforcement personnel representing differing units of local government, the court levying the fine shall equitably allocate 50% of the fine among these units of local government and shall allocate 37 1/2% to the county general corporate fund. In the event that the seizure was made by law enforcement personnel representing a unit of local government from a municipality where the number of inhabitants exceeds 2 million in population, the court levying the fine shall allocate 87 1/2% of the fine to that unit of local government. If the seizure was made by a combination of law enforcement personnel representing differing units of local government, and at least one of those units represents a municipality where the number of inhabitants exceeds 2 million in population, the court shall equitably allocate 87 1/2% of the proceeds of the fines received among the differing units of local government.
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(2) If such seizure was made by State law
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enforcement personnel, then the court shall allocate 37 1/2% to the State treasury and 50% to the county general corporate fund.
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(3) If a State law enforcement agency in combination
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with a law enforcement agency or agencies of a unit or units of local government conducted the seizure, the court shall equitably allocate 37 1/2% of the fines to or among the law enforcement agency or agencies of the unit or units of local government which conducted the seizure and shall allocate 50% to the county general corporate fund.
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(c) The proceeds of all fines allocated to the law enforcement agency or
agencies of the unit or units of local government pursuant to subsection
(b) shall be made available to that law enforcement agency as expendable
receipts for use in the enforcement of laws regulating controlled
substances and cannabis. The proceeds of fines awarded to the State
treasury shall be deposited in a special fund known as the Drug Traffic
Prevention Fund. Monies from this fund may be used by the Department of
State Police for use in the enforcement of laws regulating controlled
substances and cannabis; to satisfy funding provisions of the
Intergovernmental Drug Laws Enforcement Act; and to defray costs and
expenses
associated with returning violators of the Cannabis Control Act, the
Illinois Controlled Substances Act, and the Methamphetamine Control and Community Protection Act only, as provided in those Acts, when
punishment of the crime shall be confinement of the criminal in the
penitentiary. Moneys in the Drug Traffic Prevention Fund deposited from
fines
awarded
as a direct result of enforcement efforts of the Illinois Conservation Police
may be used by the Department of Natural Resources Office of Law
Enforcement for use in enforcing laws regulating controlled substances
and cannabis on Department of Natural Resources regulated lands and
waterways. All other monies shall be paid into the general revenue
fund in the State treasury.
(Source: P.A. 94‑556, eff. 9‑11‑05.)
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(730 ILCS 5/5‑9‑1.5) (from Ch. 38, par. 1005‑9‑1.5)
Sec. 5‑9‑1.5. Domestic violence fine. In addition to any other penalty
imposed, a fine of $200 shall be imposed upon any person who
pleads guilty
or no contest to or who is convicted of murder, voluntary manslaughter,
involuntary manslaughter, burglary, residential burglary, criminal trespass
to residence, criminal trespass to vehicle, criminal trespass to land,
criminal damage to property, telephone harassment, kidnapping, aggravated
kidnapping, unlawful restraint, forcible detention, child abduction,
indecent solicitation of a child, sexual relations between siblings,
exploitation of a child, child pornography, assault, aggravated assault,
battery, aggravated battery, heinous battery, aggravated battery of a
child, domestic battery, reckless conduct, intimidation, criminal sexual
assault, predatory criminal sexual assault of a child, aggravated criminal
sexual assault, criminal sexual abuse,
aggravated criminal sexual abuse, violation of an order of protection,
disorderly conduct, endangering the life or health of a child, child
abandonment, contributing to dependency or neglect of child, or cruelty to
children and others; provided that the offender and victim are family or
household members as defined in Section 103 of the Illinois Domestic Violence
Act of 1986. Upon request of the victim or the victim's representative, the
court shall determine whether the fine will impose an undue burden on the
victim of the offense. For purposes of this paragraph, the defendant may not be
considered the victim's representative. If the court finds that the fine would
impose an undue burden on the victim, the court may reduce or waive the fine.
The court shall order that the defendant may not use funds belonging solely to
the victim of the offense for payment of the fine. The circuit clerk shall
remit each fine within one month of its receipt to the State Treasurer for
deposit as follows: (i) for sexual assault, as defined in Section 5‑9‑1.7, when
the offender and victim are family members, one‑half to the Domestic Violence
Shelter and Service Fund, and one‑half to the Sexual Assault Services Fund;
(ii) for the remaining offenses to the Domestic Violence Shelter and Service
Fund.
(Source: P.A. 93‑810, eff. 1‑1‑05.)
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(730 ILCS 5/5‑9‑1.7) (from Ch. 38, par. 1005‑9‑1.7)
(Text of Section from P.A. 93‑699)
Sec. 5‑9‑1.7. Sexual assault fines.
(a) Definitions. The terms used in this Section shall have the following
meanings ascribed to them:
(1) "Sexual assault" means the commission or |
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attempted commission of the following: sexual exploitation of a child, criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual abuse, aggravated criminal sexual abuse, indecent solicitation of a child, public indecency, sexual relations within families, soliciting for a juvenile prostitute, keeping a place of juvenile prostitution, patronizing a juvenile prostitute, juvenile pimping, exploitation of a child, obscenity, child pornography, harmful material, or ritualized abuse of a child, as those offenses are defined in the Criminal Code of 1961.
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(2) "Family member" shall have the meaning ascribed
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to it in Section 12‑12 of the Criminal Code of 1961.
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(3) "Sexual assault organization" means any
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not‑for‑profit organization providing comprehensive, community‑based services to victims of sexual assault. "Community‑based services" include, but are not limited to, direct crisis intervention through a 24‑hour response, medical and legal advocacy, counseling, information and referral services, training, and community education.
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(b) Sexual assault fine; collection by clerk.
(1) In addition to any other penalty imposed, a fine
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of $100 shall be imposed upon any person who pleads guilty or who is convicted of, or who receives a disposition of court supervision for, a sexual assault or attempt of a sexual assault. Upon request of the victim or the victim's representative, the court shall determine whether the fine will impose an undue burden on the victim of the offense. For purposes of this paragraph, the defendant may not be considered the victim's representative. If the court finds that the fine would impose an undue burden on the victim, the court may reduce or waive the fine. The court shall order that the defendant may not use funds belonging solely to the victim of the offense for payment of the fine.
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(2) Sexual assault fines shall be assessed by the
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court imposing the sentence and shall be collected by the circuit clerk. The circuit clerk shall retain 10% of the penalty to cover the costs involved in administering and enforcing this Section. The circuit clerk shall remit the remainder of each fine within one month of its receipt to the State Treasurer for deposit as follows:
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(i) for family member offenders, one‑half to the
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Sexual Assault Services Fund, and one‑half to the Domestic Violence Shelter and Service Fund; and
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(ii) for other than family member offenders, the
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full amount to the Sexual Assault Services Fund.
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(c) Sexual Assault Services Fund; administration. There is created a
Sexual Assault Services Fund. Moneys deposited into the Fund under this
Section shall be appropriated to the Department of Public Health. Upon
appropriation of moneys from the Sexual Assault Services Fund, the Department
of Public Health shall make grants of these moneys from the Fund to sexual
assault organizations with whom the Department has contracts for the purpose of
providing community‑based services to victims of sexual assault. Grants made
under this Section are in addition to, and are not substitutes for, other
grants authorized and made by the Department.
(Source: P.A. 93‑699, eff. 1‑1‑05.)
(Text of Section from P.A. 93‑810)
Sec. 5‑9‑1.7. Sexual assault fines.
(a) Definitions. The terms used in this Section shall have the following
meanings ascribed to them:
(1) "Sexual assault" means the commission or
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attempted commission of the following: criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual abuse, aggravated criminal sexual abuse, indecent solicitation of a child, public indecency, sexual relations within families, soliciting for a juvenile prostitute, keeping a place of juvenile prostitution, patronizing a juvenile prostitute, juvenile pimping, exploitation of a child, obscenity, child pornography, or harmful material, as those offenses are defined in the Criminal Code of 1961.
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(2) "Family member" shall have the meaning ascribed
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to it in Section 12‑12 of the Criminal Code of 1961.
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(3) "Sexual assault organization" means any
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not‑for‑profit organization providing comprehensive, community‑based services to victims of sexual assault. "Community‑based services" include, but are not limited to, direct crisis intervention through a 24‑hour response, medical and legal advocacy, counseling, information and referral services, training, and community education.
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(b) Sexual assault fine; collection by clerk.
(1) In addition to any other penalty imposed, a fine
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of $200 shall be imposed upon any person who pleads guilty or who is convicted of, or who receives a disposition of court supervision for, a sexual assault or attempt of a sexual assault. Upon request of the victim or the victim's representative, the court shall determine whether the fine will impose an undue burden on the victim of the offense. For purposes of this paragraph, the defendant may not be considered the victim's representative. If the court finds that the fine would impose an undue burden on the victim, the court may reduce or waive the fine. The court shall order that the defendant may not use funds belonging solely to the victim of the offense for payment of the fine.
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(2) Sexual assault fines shall be assessed by the
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court imposing the sentence and shall be collected by the circuit clerk. The circuit clerk shall retain 10% of the penalty to cover the costs involved in administering and enforcing this Section. The circuit clerk shall remit the remainder of each fine within one month of its receipt to the State Treasurer for deposit as follows:
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(i) for family member offenders, one‑half to the
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Sexual Assault Services Fund, and one‑half to the Domestic Violence Shelter and Service Fund; and
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(ii) for other than family member offenders, the
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full amount to the Sexual Assault Services Fund.
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(c) Sexual Assault Services Fund; administration. There is created a
Sexual Assault Services Fund. Moneys deposited into the Fund under this
Section shall be appropriated to the Department of Public Health. Upon
appropriation of moneys from the Sexual Assault Services Fund, the Department
of Public Health shall make grants of these moneys from the Fund to sexual
assault organizations with whom the Department has contracts for the purpose of
providing community‑based services to victims of sexual assault. Grants made
under this Section are in addition to, and are not substitutes for, other
grants authorized and made by the Department.
(Source: P.A. 93‑810, eff. 1‑1‑05.)
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(730 ILCS 5/5‑9‑1.9)
Sec. 5‑9‑1.9.
DUI analysis fee.
(a) "Crime laboratory" means a not‑for‑profit laboratory substantially
funded by a single unit or combination of units of local government or the
State of
Illinois that regularly employs at least one person engaged in the DUI
analysis of blood and urine for criminal justice agencies in criminal matters
and provides testimony with respect to such examinations.
"DUI analysis" means an analysis of blood or urine for purposes of
determining whether a violation of Section 11‑501 of the Illinois Vehicle Code
has occurred.
(b) When a person has been adjudged guilty of an offense in violation of
Section 11‑501 of the Illinois Vehicle Code, in addition to any other
disposition, penalty, or fine imposed, a crime laboratory DUI analysis fee of
$150 for each offense for which the person was convicted shall be levied by the
court for each case in which a laboratory analysis occurred. Upon verified
petition of the person, the court may suspend payment of all or part of the fee
if it finds that the person does not have the ability to pay the fee.
(c) In addition to any other disposition made under the provisions of
the Juvenile Court Act of 1987, any minor adjudicated delinquent for an offense
which if committed by an adult would constitute a violation of Section 11‑501
of the Illinois Vehicle Code shall be assessed a crime laboratory DUI analysis
fee of $150 for each adjudication. Upon verified petition of the minor, the
court may suspend payment of all or part of the fee if it finds
that the minor does not have the ability to pay the fee. The parent, guardian,
or legal custodian of the minor may pay some or all of the fee on the minor's
behalf.
(d) All crime laboratory DUI analysis fees provided for by this Section
shall
be collected by the clerk of the court and forwarded to the appropriate crime
laboratory DUI fund as provided in subsection (f).
(e) Crime laboratory funds shall be established as follows:
(1) A unit of local government that maintains a |
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crime laboratory may establish a crime laboratory DUI fund within the office of the county or municipal treasurer.
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(2) Any combination of units of local government
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that maintains a crime laboratory may establish a crime laboratory DUI fund within the office of the treasurer of the county where the crime laboratory is situated.
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(3) The State Police DUI Fund is created as a
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special fund in the State Treasury.
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(f) The analysis fee provided for in subsections (b) and (c) of this Section
shall be forwarded to the office of the treasurer of the unit of local
government that performed the analysis if that unit of local government has
established a crime laboratory DUI fund, or to the State Treasurer for deposit
into the State Police DUI Fund if the analysis was
performed by a
laboratory operated by the Department of State Police. If the analysis was
performed by a crime laboratory funded by a combination of units of local
government, the analysis fee shall be forwarded to the treasurer of the county
where the crime laboratory is situated if a crime laboratory DUI fund has been
established in that county. If the unit of local government or combination of
units of local government has not established a crime laboratory DUI fund, then
the analysis fee shall be forwarded to the State Treasurer for deposit into
the State Police DUI Fund. The clerk of the circuit
court may retain
the
amount of $10 from each collected analysis fee to offset administrative costs
incurred in carrying out the clerk's responsibilities under this Section.
(g) Fees deposited into a crime laboratory DUI fund created under
paragraphs (1) and (2) of subsection (e) of this Section shall be in addition
to any allocations made pursuant to existing law and shall be designated for
the exclusive use of the crime laboratory. These uses may include, but are not
limited to, the following:
(1) Costs incurred in providing analysis for DUI
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investigations conducted within this State.
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(2) Purchase and maintenance of equipment for use in
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(3) Continuing education, training, and professional
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development of forensic scientists regularly employed by these laboratories.
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(h) Fees deposited in the State Police DUI Fund
created under
paragraph (3) of subsection (e) of this Section shall be used by
State crime laboratories as designated by the Director of State Police. These
funds shall be in addition to any allocations made according to existing law
and shall be designated for the exclusive use of State crime laboratories.
These uses may include those enumerated in subsection (g) of this Section.
(Source: P.A. 91‑822, eff. 6‑13‑00.)
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