2019 Illinois Compiled Statutes
Chapter 705 - COURTS
705 ILCS 135/ - Criminal and Traffic Assessment Act.
Article 15 - Assessment Schedules
(705 ILCS 135/Art. 15 heading)
(705 ILCS 135/15-5)
(Section scheduled to be repealed on January 1, 2021)
Sec. 15-5. SCHEDULE 1; generic felony offenses.
SCHEDULE 1: Unless assessments are imposed by the court under another schedule of this Act, for a felony offense, the Clerk of the Circuit Court shall collect $549 and remit as follows:
(1) As the county's portion, $354 to the county treasurer, who shall deposit the money as follows:
(A) $20 into the Court Automation Fund;
(B) $20 into the Court Document Storage Fund;
(C) $5 into the Circuit Court Clerk Operation and
Administrative Fund;
(D) $255 into the county's General Fund;
(E) $10 into the Child Advocacy Center Fund;
(F) $2 into the State's Attorney Records Automation
Fund;
(G) $2 into the Public Defender Records Automation
Fund;
(H) $20 into the County Jail Medical Costs Fund; and
(I) $20 into the Probation and Court Services Fund.
(2) As the State's portion, $195 to the State Treasurer, who shall deposit the money as follows:
(A) $50 into the State Police Operations Assistance
Fund;
(B) $100 into the Violent Crime Victims Assistance
Fund;
(C) $10 into the State Police Merit Board Public
Safety Fund; and
(D) $35 into the Traffic and Criminal Conviction
Surcharge Fund.
(Source: P.A. 100-987, eff. 7-1-19.)
(705 ILCS 135/15-10)
(Section scheduled to be repealed on January 1, 2021)
Sec. 15-10. SCHEDULE 2; felony DUI offenses.
SCHEDULE 2: For a felony under Section 11-501 of the Illinois Vehicle Code, Section 5-7 of the Snowmobile Registration and Safety Act, Section 5-16 of the Boat Registration and Safety Act, or a similar provision of a local ordinance, the Clerk of the Circuit Court shall collect $1,709 and remit as follows:
(1) As the county's portion, $399 to the county treasurer, who shall deposit the money as follows:
(A) $20 into the Court Automation Fund;
(B) $20 into the Court Document Storage Fund;
(C) $5 into the Circuit Court Clerk Operation and
Administrative Fund;
(D) $300 into the county's General Fund;
(E) $10 into the Child Advocacy Center Fund;
(F) $2 into the State's Attorney Records Automation
Fund;
(G) $2 into the Public Defender Records Automation
Fund;
(H) $20 into the County Jail Medical Costs Fund; and
(I) $20 into the Probation and Court Services Fund.
(2) As the State's portion, $1,110 to the State Treasurer, who shall deposit the money as follows:
(A) $730 into the State Police Operations Assistance
Fund;
(B) $5 into the Drivers Education Fund;
(C) $100 into the Trauma Center Fund;
(D) $5 into the Spinal Cord Injury Paralysis Cure
Research Trust Fund;
(E) $5 into the State Police Merit Board Public
Safety Fund;
(F) $160 into the Traffic and Criminal Conviction
Surcharge Fund;
(G) $5 into the Law Enforcement Camera Grant Fund; and
(H) $100 into the Violent Crime Victims Assistance
Fund.
(3) As the arresting agency's portion, $200 to the treasurer of the unit of local government of the arresting agency, who shall deposit the money into the DUI Fund of that unit of local government or as provided in subsection (c) of Section 10-5 of this Act if the arresting agency is a State agency, unless more than one agency is responsible for the arrest in which case the amount shall be remitted to each unit of government equally.
(Source: P.A. 100-987, eff. 7-1-19.)
(705 ILCS 135/15-15)
(Section scheduled to be repealed on January 1, 2021)
Sec. 15-15. SCHEDULE 3; felony drug offenses.
SCHEDULE 3: For a felony under the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act, the Clerk of the Circuit Court shall collect $2,215 and remit as follows:
(1) As the county's portion, $354 to the county treasurer, who shall deposit the money as follows:
(A) $20 into the Court Automation Fund;
(B) $20 into the Court Document Storage Fund;
(C) $5 into the Circuit Court Clerk Operation and
Administrative Fund;
(D) $255 into the county's General Fund;
(E) $10 into the Child Advocacy Center Fund;
(F) $2 into the State's Attorney Records Automation
Fund;
(G) $2 into the Public Defender Records Automation
Fund;
(H) $20 into the County Jail Medical Costs Fund; and
(I) $20 into the Probation and Court Services Fund.
(2) As the State's portion, $1,861 to the State Treasurer, who shall deposit the money as follows:
(A) $50 into the State Police Operations Assistance
Fund;
(B) $100 into the Violent Crime Victims Assistance
Fund;
(C) $100 into the Trauma Center Fund; and
(D) $5 into the Spinal Cord Injury Paralysis Cure
Research Trust Fund;
(E) $1,500 into the Drug Treatment Fund;
(F) $5 into the State Police Merit Board Public
Safety Fund;
(G) $38 into the Prescription Pill and Drug Disposal
Fund;
(H) $28 into the Criminal Justice Information
Projects Fund; and
(I) $35 into the Traffic and Criminal Conviction
Surcharge Fund.
(Source: P.A. 100-987, eff. 7-1-19.)
(705 ILCS 135/15-20)
(Section scheduled to be repealed on January 1, 2021)
Sec. 15-20. SCHEDULE 4; felony sex offenses.
SCHEDULE 4: For a felony or attempted felony under Article 11 or Section 12-33 of the Criminal Code of 2012, the Clerk of the Circuit Court shall collect $1,314 and remit as follows:
(1) As the county's portion, $354 to the county treasurer, who shall deposit the money as follows:
(A) $20 into the Court Automation Fund;
(B) $20 into the Court Document Storage Fund;
(C) $5 into the Circuit Court Clerk Operation and
Administrative Fund;
(D) $255 into the county's General Fund;
(E) $10 into the Child Advocacy Center Fund;
(F) $2 into the State's Attorney Records Automation
Fund;
(G) $2 into the Public Defender Records Automation
Fund;
(H) $20 into the County Jail Medical Costs Fund; and
(I) $20 into the Probation and Court Services Fund.
(2) As the State's portion, $960 to the State Treasurer, who shall deposit the money as follows:
(A) $520 into the State Police Operations Assistance
Fund;
(B) $100 into the Violent Crime Victims Assistance
Fund;
(C) $200 into the Sexual Assault Services Fund;
(D) $100 into the Domestic Violence Shelter and
Services Fund;
(E) $5 into the State Police Merit Board Public
Safety Fund; and
(F) $35 into the Traffic and Criminal Conviction
Surcharge Fund.
(Source: P.A. 100-987, eff. 7-1-19.)
(705 ILCS 135/15-25)
(Section scheduled to be repealed on January 1, 2021)
Sec. 15-25. SCHEDULE 5; generic misdemeanor offenses.
SCHEDULE 5: Unless assessments are imposed under another schedule of this Act, for a misdemeanor offense, the Clerk of the Circuit Court shall collect $439 and remit as follows:
(1) As the county's portion, $282 to the county treasurer, who shall deposit the money as follows:
(A) $20 into the Court Automation Fund;
(B) $20 into the Court Document Storage Fund;
(C) $5 into the Circuit Court Clerk Operation and
Administrative Fund;
(D) $8 into the Circuit Court Clerk Electronic
Citation Fund;
(E) $185 into the county's General Fund;
(F) $10 into the Child Advocacy Center Fund;
(G) $2 into the State's Attorney Records Automation
Fund;
(H) $2 into the Public Defender Records Automation
Fund;
(I) $10 into the County Jail Medical Costs Fund; and
(J) $20 into the Probation and Court Services Fund.
(2) As the State's portion, $155 to the State Treasurer, who shall deposit the money as follows:
(A) $50 into the State Police Operations Assistance
Fund;
(B) $10 into the State Police Merit Board Public
Safety Fund;
(C) $75 into the Violent Crime Victims Assistance
Fund; and
(D) $20 into the Traffic and Criminal Conviction
Surcharge Fund.
(3) As the arresting agency's portion, $2, to the treasurer of the unit of local government of the arresting agency, who shall deposit the money into the E-citation Fund of that unit of local government or as provided in subsection (c) of Section 10-5 of this Act if the arresting agency is a State agency, unless more than one agency is responsible for the arrest in which case the amount shall be remitted to each unit of government equally.
(Source: P.A. 100-987, eff. 7-1-19.)
(705 ILCS 135/15-30)
(Section scheduled to be repealed on January 1, 2021)
Sec. 15-30. SCHEDULE 6; misdemeanor DUI offenses.
SCHEDULE 6: For a misdemeanor under Section 11-501 of the Illinois Vehicle Code, Section 5-7 of the Snowmobile Registration and Safety Act, Section 5-16 of the Boat Registration and Safety Act, or a similar provision of a local ordinance, the Clerk of the Circuit Court shall collect $1,381 and remit as follows:
(1) As the county's portion, $322 to the county treasurer, who shall deposit the money as follows:
(A) $20 into the Court Automation Fund;
(B) $20 into the Court Document Storage Fund;
(C) $5 into the Circuit Court Clerk Operation and
Administrative Fund;
(D) $8 into the Circuit Court Clerk Electronic
Citation Fund;
(E) $225 into the county's General Fund;
(F) $10 into the Child Advocacy Center Fund;
(G) $2 into the State's Attorney Records Automation
Fund;
(H) $2 into the Public Defenders Records Automation
Fund;
(I) $10 into the County Jail Medical Costs Fund; and
(J) $20 into the Probation and Court Services Fund.
(2) As the State's portion, $707 to the State Treasurer, who shall deposit the money as follows:
(A) $330 into the State Police Operations Assistance
Fund;
(B) $5 into the Drivers Education Fund;
(C) $5 into the State Police Merit Board Public
Safety Fund;
(D) $100 into the Trauma Center Fund;
(E) $5 into the Spinal Cord Injury Paralysis Cure
Research Trust Fund;
(F) $22 into the Fire Prevention Fund;
(G) $160 into the Traffic and Criminal Conviction
Surcharge Fund;
(H) $5 into the Law Enforcement Camera Grant Fund; and
(I) $75 into the Violent Crime Victims Assistance
Fund.
(3) As the arresting agency's portion, $352 as follows, unless more than one agency is responsible for the arrest in which case the amount shall be remitted to each unit of government equally:
(A) if the arresting agency is a local agency, to the
treasurer of the unit of local government of the arresting agency, who shall deposit the money as follows:
(i) $2 into the E-citation Fund of the unit of
local government; and
(ii) $350 into the DUI Fund of the unit of local
government; or
(B) as provided in subsection (c) of Section 10-5 of
this Act if the arresting agency is a State agency.
(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.)
(705 ILCS 135/15-35)
(Section scheduled to be repealed on January 1, 2021)
Sec. 15-35. SCHEDULE 7; misdemeanor drug offenses.
SCHEDULE 7: For a misdemeanor under the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act, the Clerk of the Circuit Court shall collect $905 and remit as follows:
(1) As the county's portion, $282 to the county treasurer, who shall deposit the money as follows:
(A) $20 into the Court Automation Fund;
(B) $20 into the Court Document Storage Fund;
(C) $5 into the Circuit Court Clerk Operation and
Administrative Fund;
(D) $8 into the Circuit Court Clerk Electronic
Citation Fund;
(E) $185 into the county's General Fund;
(F) $10 into the Child Advocacy Center Fund;
(G) $2 into the State's Attorney Records Automation
Fund;
(H) $2 into the Public Defenders Records Automation
Fund;
(I) $10 into the County Jail Medical Costs Fund; and
(J) $20 into the Probation and Court Services Fund.
(2) As the State's portion, $621 to the State Treasurer, who shall deposit the money as follows:
(A) $50 into the State Police Operations Assistance
Fund;
(B) $75 into the Violent Crime Victims Assistance
Fund;
(C) $100 into the Trauma Center Fund;
(D) $5 into the Spinal Cord Injury Paralysis Cure
Research Trust Fund;
(E) $300 into the Drug Treatment Fund;
(F) $38 into the Prescription Pill and Drug Disposal
Fund;
(G) $28 into the Criminal Justice Information
Projects Fund;
(H) $5 into the State Police Merit Board Public
Safety Fund; and
(I) $20 into the Traffic and Criminal Conviction
Surcharge Fund.
(3) As the arresting agency's portion, $2, to the treasurer of the unit of local government of the arresting agency, who shall deposit the money into the E-citation Fund of that unit of local government or as provided in subsection (c) of Section 10-5 of this Act if the arresting agency is a State agency, unless more than one agency is responsible for the arrest in which case the amount shall be remitted to each unit of government equally.
(Source: P.A. 100-987, eff. 7-1-19.)
(705 ILCS 135/15-40)
(Section scheduled to be repealed on January 1, 2021)
Sec. 15-40. SCHEDULE 8; misdemeanor sex offenses.
SCHEDULE 8: For a misdemeanor or attempted misdemeanor under Article 11 of the Criminal Code of 2012, the Clerk of the Circuit Court shall collect $1,184 and remit as follows:
(1) As the county's portion, $282 to the county treasurer, who shall deposit the money as follows:
(A) $20 into the Court Automation Fund;
(B) $20 into the Court Document Storage Fund;
(C) $5 into the Circuit Court Clerk Operation and
Administrative Fund;
(D) $8 into the Circuit Court Clerk Electronic
Citation Fund;
(E) $185 into the county's General Fund;
(F) $10 into the Child Advocacy Center Fund;
(G) $2 into the State's Attorney Records Automation
Fund;
(H) $2 into the Public Defenders Records Automation
Fund;
(I) $10 into the County Jail Medical Costs Fund; and
(J) $20 into the Probation and Court Services Fund.
(2) As the State's portion, $900 to the State Treasurer, who shall deposit the money as follows:
(A) $500 into the State Police Operations Assistance
Fund;
(B) $75 into the Violent Crime Victims Assistance
Fund;
(C) $200 into the Sexual Assault Services Fund;
(D) $100 into the Domestic Violence Shelter and
Service Fund;
(E) $5 into the State Police Merit Board Public
Safety Fund; and
(F) $20 into the Traffic and Criminal Conviction
Surcharge Fund.
(3) As the arresting agency's portion, $2, to the treasurer of the unit of local government of the arresting agency, who shall deposit the money into the E-citation Fund of that unit of local government or as provided in subsection (c) of Section 10-5 of this Act if the arresting agency is a State agency, unless more than one agency is responsible for the arrest in which case the amount shall be remitted to each unit of government equally.
(Source: P.A. 100-987, eff. 7-1-19.)
(705 ILCS 135/15-45)
(Section scheduled to be repealed on January 1, 2021)
Sec. 15-45. SCHEDULE 9; major traffic offenses.
SCHEDULE 9: For a major traffic offense, the Clerk of the Circuit Court shall collect $325 plus, if applicable, the amount established under paragraph (1.5) of this Section and remit as follows:
(1) As the county's portion, $203 to the county treasurer, who shall deposit the money as follows:
(A) $20 into the Court Automation Fund;
(B) $20 into the Court Document Storage Fund;
(C) $5 into the Circuit Court Clerk Operation and
Administrative Fund;
(D) $8 into the Circuit Court Clerk Electronic
Citation Fund; and
(E) $150 into the county's General Fund.
(1.5) In a county with a population of 3,000,000 or more, the county board may by ordinance or resolution establish an additional assessment not to exceed $37 to be remitted to the county treasurer of which $5 shall be deposited into the Court Automation Fund, $5 shall be deposited into the Court Document Storage Fund, $2 shall be deposited into the State's Attorneys Records Automation Fund, $2 shall be deposited into the Public Defenders Records Automation Fund, $10 shall be deposited into the Probation and Court Services Fund, and the remainder shall be used for purposes related to the operation of the court system.
(2) As the State's portion, $97 to the State Treasurer, who shall deposit the money as follows:
(A) $20 into the State Police Operations Assistance
Fund;
(B) $5 into the Drivers Education Fund;
(C) $5 into the State Police Merit Board Public
Safety Fund;
(D) $22 into the Fire Prevention Fund;
(E) $40 into the Traffic and Criminal Conviction
Surcharge Fund; and
(F) $5 into the Violent Crime Victims Assistance Fund.
(3) As the arresting agency's portion, $25, to the treasurer of the unit of local government of the arresting agency, who shall deposit the money as follows:
(A) $2 into the E-citation Fund of that unit of local
government or as provided in subsection (c) of Section 10-5 of this Act if the arresting agency is a State agency, unless more than one agency is responsible for the arrest in which case the amount shall be remitted to each unit of government equally.
(B) $23 into the General Fund of that unit of local
government or as provided in subsection (c) of Section 10-5 of this Act if the arresting agency is a State agency, unless more than one agency is responsible for the arrest in which case the amount shall be remitted to each unit of government equally.
(Source: P.A. 100-987, eff. 7-1-19.)
(705 ILCS 135/15-50)
(Section scheduled to be repealed on January 1, 2021)
Sec. 15-50. SCHEDULE 10; minor traffic offenses.
SCHEDULE 10: For a minor traffic offense, except those offenses listed in Schedule 10.5, the Clerk of the Circuit Court shall collect $226 plus, if applicable, the amount established under paragraph (1.5) of this Section and remit as follows:
(1) As the county's portion, $168 to the county treasurer, who shall deposit the money as follows:
(A) $20 into the Court Automation Fund;
(B) $20 into the Court Document Storage Fund;
(C) $5 into the Circuit Court Clerk Operation and
Administrative Fund;
(D) $8 into the Circuit Court Clerk Electronic
Citation Fund; and
(E) $115 into the county's General Fund.
(1.5) In a county with a population of 3,000,000 or more, the county board may by ordinance or resolution establish an additional assessment not to exceed $28 to be remitted to the county treasurer of which $5 shall be deposited into the Court Automation Fund, $5 shall be deposited into the Court Document Storage Fund, $2 shall be deposited into the State's Attorneys Records Automation Fund, $2 shall be deposited into the Public Defenders Records Automation Fund, $10 shall be deposited into the Probation and Court Services Fund, and the remainder shall be used for purposes related to the operation of the court system.
(2) As the State's portion, $46 to the State Treasurer, who shall deposit the money as follows:
(A) $10 into the State Police Operations Assistance
Fund;
(B) $5 into the State Police Merit Board Public
Safety Fund;
(C) $4 into the Drivers Education Fund;
(D) $20 into the Traffic and Criminal Conviction
Surcharge Fund;
(E) $4 into the Law Enforcement Camera Grant Fund; and
(F) $3 into the Violent Crime Victims Assistance Fund.
(3) As the arresting agency's portion, $12, to the treasurer of the unit of local government of the arresting agency, who shall deposit the money as follows:
(A) $2 into the E-citation Fund of that unit of local
government or as provided in subsection (c) of Section 10-5 of this Act if the arresting agency is a State agency, unless more than one agency is responsible for the arrest in which case the amount shall be remitted to each unit of government equally.
(B) $10 into the General Fund of that unit of local
government or as provided in subsection (c) of Section 10-5 of this Act if the arresting agency is a State agency, unless more than one agency is responsible for the arrest in which case the amount shall be remitted to each unit of government equally.
(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.)
(705 ILCS 135/15-52)
(Section scheduled to be repealed on January 1, 2021)
Sec. 15-52. SCHEDULE 10.5; truck weight and load offenses.
SCHEDULE 10.5: For offenses under subsection (d) of Section 3-401, Section 15-111, or punishable by fine under Section 15-113.1, 15-113.2, or 15-113.3 of the Illinois Vehicle Code, the Clerk of the Circuit Court shall collect $260 and remit as follows:
(1) As the county's portion, $168 to the county treasurer, who shall deposit the money as follows:
(A) $20 into the Court Automation Fund;
(B) $20 into the Court Document Storage Fund;
(C) $5 into the Circuit Court Clerk Operation and
Administrative Fund;
(D) $8 into the Circuit Court Clerk Electronic
Citation Fund; and
(E) $115 into the county's General Fund.
(2) As the State's portion, $92 to the State Treasurer, who shall deposit the money as follows:
(A) $31 into the State Police Merit Board Public
Safety Fund, regardless of the type of overweight citation or arresting law enforcement agency;
(B) $31 into the Traffic and Criminal Conviction
Surcharge Fund; and
(C) $30 to the State Police Operations Assistance
Fund.
(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.)
(705 ILCS 135/15-55)
(Section scheduled to be repealed on January 1, 2021)
Sec. 15-55. SCHEDULE 11; conservation offenses.
SCHEDULE 11: For a conservation offense, the Clerk of the Circuit Court shall collect $195 and remit as follows:
(1) As the county's portion, $168, to the county treasurer, who shall deposit the money as follows:
(A) $20 into the Court Automation Fund;
(B) $20 into the Court Document Storage Fund;
(C) $5 into the Circuit Court Clerk Operation and
Administrative Fund;
(D) $8 into the Circuit Court Clerk Electronic
Citation Fund; and
(E) $115 into the county's General Fund.
(2) As the State's portion, $25, to the State Treasurer, who shall deposit the money into the Conservation Police Operations Assistance Fund.
(3) As the arresting agency's portion, $2, to the treasurer of the unit of local government of the arresting agency, who shall deposit the money into the E-citation Fund of that unit of local government or as provided in subsection (c) of Section 10-5 of this Act if the arresting agency is a State agency, unless more than one agency is responsible for the arrest in which case the amount shall be remitted to each unit of government equally.
(Source: P.A. 100-987, eff. 7-1-19.)
(705 ILCS 135/15-60)
(Section scheduled to be repealed on January 1, 2021)
Sec. 15-60. SCHEDULE 12; dispositions under Supreme Court Rule 529.
SCHEDULE 12: For a disposition under paragraph (a)(1) or (c) of Supreme Court Rule 529, the Clerk of the Circuit Court shall collect $164 and remit the money as follows:
(1) As the county's portion, $100, to the county treasurer, who shall deposit the money as follows:
(A) $20 into the Court Automation Fund;
(B) $20 into the Court Document Storage Fund;
(C) $5 into the Circuit Court Clerk Operation and
Administrative Fund;
(D) $8 into the Circuit Court Clerk Electronic
Citation Fund; and
(E) $47 into the county's General Fund.
(2) As the State's portion, $14 to the State Treasurer, who shall deposit the money as follows:
(A) $3 into the Drivers Education Fund;
(B) $2 into the State Police Merit Board Public
Safety Fund;
(C) $4 into the Traffic and Criminal Conviction
Surcharge Fund;
(D) $1 into the Law Enforcement Camera Grant Fund; and
(E) $4 into the Violent Crime Victims Assistance Fund.
(3) As the arresting agency's portion, $50 as follows, unless more than one agency is responsible for the arrest in which case the amount shall be remitted to each unit of government equally:
(A) if the arresting agency is a local agency to the
treasurer of the unit of local government of the arresting agency, who shall deposit the money as follows:
(i) $2 into the E-citation Fund of the unit of
local government; and
(ii) $48 into the General Fund of the unit of
local government; or
(B) as provided in subsection (c) of Section 10-5 of
this Act if the arresting agency is a State agency.
(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.)
(705 ILCS 135/15-65)
(Section scheduled to be repealed on January 1, 2021)
Sec. 15-65. SCHEDULE 13; non-traffic violations.
SCHEDULE 13: For a petty offense, business offense, or non-traffic ordinance violation, the Clerk of the Circuit Court shall collect $100 and remit as follows:
(1) As the county's portion, $75, to the county treasurer, who shall deposit the money as follows:
(A) $20 into the Court Automation Fund;
(B) $20 into the Court Document Storage Fund;
(C) $5 into the Circuit Court Clerk Operation and
Administrative Fund;
(D) $8 into the Circuit Court Clerk Electronic
Citation Fund; and
(E) $22 into the county's General Fund.
(2) As the arresting agency's portion, $25 as follows, unless more than one agency is responsible for the arrest in which case the amount shall be remitted to each unit of government equally:
(A) if the arresting agency is a local agency to the
treasurer of the unit of local government of the arresting agency, who shall deposit the money as follows:
(i) $2 into the E-citation Fund of the unit of
local government; and
(ii) $23 into the General Fund of the unit of
local government; or
(B) as provided in subsection (c) of Section 10-5 of
this Act if the arresting agency is a State agency.
(Source: P.A. 100-987, eff. 7-1-19.)
(705 ILCS 135/15-70)
(Text of Section before amendment by P.A. 101-173)
(Section scheduled to be repealed on January 1, 2021)
Sec. 15-70. Conditional assessments. In addition to payments under one of the Schedule of Assessments 1 through 13 of this Act, the court shall also order payment of any of the following conditional assessment amounts for each sentenced violation in the case to which a conditional assessment is applicable, which shall be collected and remitted by the Clerk of the Circuit Court as provided in this Section:
(1) arson, residential arson, or aggravated arson,
$500 per conviction to the State Treasurer for deposit into the Fire Prevention Fund;
(2) child pornography under Section 11-20.1 of the
Criminal Code of 1961 or the Criminal Code of 2012, $500 per conviction, unless more than one agency is responsible for the arrest in which case the amount shall be remitted to each unit of government equally:
(A) if the arresting agency is an agency of a
unit of local government, $500 to the treasurer of the unit of local government for deposit into the unit of local government's General Fund, except that if the Department of State Police provides digital or electronic forensic examination assistance, or both, to the arresting agency then $100 to the State Treasurer for deposit into the State Crime Laboratory Fund; or
(B) if the arresting agency is the Department of
State Police, $500 to the State Treasurer for deposit into the State Crime Laboratory Fund;
(3) crime laboratory drug analysis for a
drug-related offense involving possession or delivery of cannabis or possession or delivery of a controlled substance as defined in the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, $100 reimbursement for laboratory analysis, as set forth in subsection (f) of Section 5-9-1.4 of the Unified Code of Corrections;
(4) DNA analysis, $250 on each conviction in which it
was used to the State Treasurer for deposit into the State Offender DNA Identification System Fund as set forth in Section 5-4-3 of the Unified Code of Corrections;
(5) DUI analysis, $150 on each sentenced violation
in which it was used as set forth in subsection (f) of Section 5-9-1.9 of the Unified Code of Corrections;
(6) drug-related offense involving possession or
delivery of cannabis or possession or delivery of a controlled substance, other than methamphetamine, as defined in the Cannabis Control Act or the Illinois Controlled Substances Act, an amount not less than the full street value of the cannabis or controlled substance seized for each conviction to be disbursed as follows:
(A) 12.5% of the street value assessment shall be
paid into the Youth Drug Abuse Prevention Fund, 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;
(B) 37.5% to the county in which the charge was
prosecuted, to be deposited into the county General Fund;
(C) 50% to the treasurer of the arresting law
enforcement agency of the municipality or county, or to the State Treasurer if the arresting agency was a state agency;
(D) if the arrest was made in combination with
multiple law enforcement agencies, the clerk shall equitably allocate the portion in subparagraph (C) of this paragraph (6) among the law enforcement agencies involved in the arrest;
(6.5) Kane County or Will County, in felony,
misdemeanor, local or county ordinance, traffic, or conservation cases, up to $30 as set by the county board under Section 5-1101.3 of the Counties Code upon the entry of a judgment of conviction, an order of supervision, or a sentence of probation without entry of judgment under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of the Criminal Code of 1961 or the Criminal Code of 2012, Section 10-102 of the Illinois Alcoholism and Other Drug Dependency Act, or Section 10 of the Steroid Control Act; except in local or county ordinance, traffic, and conservation cases, if fines are paid in full without a court appearance, then the assessment shall not be imposed or collected. Distribution of assessments collected under this paragraph (6.5) shall be as provided in Section 5-1101.3 of the Counties Code;
(7) methamphetamine-related offense involving
possession or delivery of methamphetamine or any salt of an optical isomer of methamphetamine or possession of a methamphetamine manufacturing material as set forth in Section 10 of the Methamphetamine Control and Community Protection Act with the intent to manufacture a substance containing methamphetamine or salt of an optical isomer of methamphetamine, an amount not less than the full street value of the methamphetamine or salt of an optical isomer of methamphetamine or methamphetamine manufacturing materials seized for each conviction to be disbursed as follows:
(A) 12.5% of the street value assessment shall be
paid into the Youth Drug Abuse Prevention Fund, 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;
(B) 37.5% to the county in which the charge was
prosecuted, to be deposited into the county General Fund;
(C) 50% to the treasurer of the arresting law
enforcement agency of the municipality or county, or to the State Treasurer if the arresting agency was a state agency;
(D) if the arrest was made in combination with
multiple law enforcement agencies, the clerk shall equitably allocate the portion in subparagraph (C) of this paragraph (6) among the law enforcement agencies involved in the arrest;
(8) order of protection violation under Section
12-3.4 of the Criminal Code of 2012, $200 for each conviction to the county treasurer for deposit into the Probation and Court Services Fund for implementation of a domestic violence surveillance program and any other assessments or fees imposed under Section 5-9-1.16 of the Unified Code of Corrections;
(9) order of protection violation, $25 for each
violation to the State Treasurer, for deposit into the Domestic Violence Abuser Services Fund;
(10) prosecution by the State's Attorney of a:
(A) petty or business offense, $4 to the county
treasurer of which $2 deposited into the State's Attorney Records Automation Fund and $2 into the Public Defender Records Automation Fund;
(B) conservation or traffic offense, $2 to the
county treasurer for deposit into the State's Attorney Records Automation Fund;
(11) speeding in a construction zone violation, $250
to the State Treasurer for deposit into the Transportation Safety Highway Hire-back Fund, unless (i) the violation occurred on a highway other than an interstate highway and (ii) a county police officer wrote the ticket for the violation, in which case to the county treasurer for deposit into that county's Transportation Safety Highway Hire-back Fund;
(12) supervision disposition on an offense under the
Illinois Vehicle Code or similar provision of a local ordinance, 50 cents, unless waived by the court, into the Prisoner Review Board Vehicle and Equipment Fund;
(13) victim and offender are family or household
members as defined in Section 103 of the Illinois Domestic Violence Act of 1986 and offender pleads guilty or no contest to or 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 kidnaping, 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, $200 for each sentenced violation to the State Treasurer for deposit as follows: (i) for sexual assault, as defined in Section 5-9-1.7 of the Unified Code of Corrections, 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;
(14) violation of Section 11-501 of the Illinois
Vehicle Code, Section 5-7 of the Snowmobile Registration and Safety Act, Section 5-16 of the Boat Registration and Safety Act, or a similar provision, whose operation of a motor vehicle, snowmobile, or watercraft while in violation of Section 11-501, Section 5-7 of the Snowmobile Registration and Safety Act, Section 5-16 of the Boat Registration and Safety Act, or a similar provision proximately caused an incident resulting in an appropriate emergency response, $1,000 maximum to the public agency that provided an emergency response related to the person's violation, and if more than one agency responded, the amount payable to public agencies shall be shared equally;
(15) violation of Section 401, 407, or 407.2 of the
Illinois Controlled Substances Act that proximately caused any incident resulting in an appropriate drug-related emergency response, $1,000 as reimbursement for the emergency response to the law enforcement agency that made the arrest, and if more than one agency is responsible for the arrest, the amount payable to law enforcement agencies shall be shared equally;
(16) violation of reckless driving, aggravated
reckless driving, or driving 26 miles per hour or more in excess of the speed limit that triggered an emergency response, $1,000 maximum reimbursement for the emergency response to be distributed in its entirety to a public agency that provided an emergency response related to the person's violation, and if more than one agency responded, the amount payable to public agencies shall be shared equally;
(17) violation based upon each plea of guilty,
stipulation of facts, or finding of guilt resulting in a judgment of conviction or order of supervision for an offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of the Criminal Code of 2012 that results in the imposition of a fine, to be distributed as follows:
(A) $50 to the county treasurer for deposit into
the Circuit Court Clerk Operation and Administrative Fund to cover the costs in administering this paragraph (17);
(B) $300 to the State Treasurer who shall deposit
the portion as follows:
(i) if the arresting or investigating agency
is the Department of State Police, into the State Police Law Enforcement Administration Fund;
(ii) if the arresting or investigating agency
is the Department of Natural Resources, into the Conservation Police Operations Assistance Fund;
(iii) if the arresting or investigating
agency is the Secretary of State, into the Secretary of State Police Services Fund;
(iv) if the arresting or investigating agency
is the Illinois Commerce Commission, into the Public Utility Fund; or
(v) if more than one of the State agencies in
this subparagraph (B) is the arresting or investigating agency, then equal shares with the shares deposited as provided in the applicable items (i) through (iv) of this subparagraph (B); and
(C) the remainder for deposit into the
Specialized Services for Survivors of Human Trafficking Fund; and
(18) weapons violation under Section 24-1.1, 24-1.2,
or 24-1.5 of the Criminal Code of 1961 or the Criminal Code of 2012, $100 for each conviction to the State Treasurer for deposit into the Trauma Center Fund.
(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.)
(Text of Section after amendment by P.A. 101-173)
(Section scheduled to be repealed on January 1, 2021)
Sec. 15-70. Conditional assessments. In addition to payments under one of the Schedule of Assessments 1 through 13 of this Act, the court shall also order payment of any of the following conditional assessment amounts for each sentenced violation in the case to which a conditional assessment is applicable, which shall be collected and remitted by the Clerk of the Circuit Court as provided in this Section:
(1) arson, residential arson, or aggravated arson,
$500 per conviction to the State Treasurer for deposit into the Fire Prevention Fund;
(2) child pornography under Section 11-20.1 of the
Criminal Code of 1961 or the Criminal Code of 2012, $500 per conviction, unless more than one agency is responsible for the arrest in which case the amount shall be remitted to each unit of government equally:
(A) if the arresting agency is an agency of a
unit of local government, $500 to the treasurer of the unit of local government for deposit into the unit of local government's General Fund, except that if the Department of State Police provides digital or electronic forensic examination assistance, or both, to the arresting agency then $100 to the State Treasurer for deposit into the State Crime Laboratory Fund; or
(B) if the arresting agency is the Department of
State Police, $500 to the State Treasurer for deposit into the State Crime Laboratory Fund;
(3) crime laboratory drug analysis for a
drug-related offense involving possession or delivery of cannabis or possession or delivery of a controlled substance as defined in the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, $100 reimbursement for laboratory analysis, as set forth in subsection (f) of Section 5-9-1.4 of the Unified Code of Corrections;
(4) DNA analysis, $250 on each conviction in which it
was used to the State Treasurer for deposit into the State Offender DNA Identification System Fund as set forth in Section 5-4-3 of the Unified Code of Corrections;
(5) DUI analysis, $150 on each sentenced violation
in which it was used as set forth in subsection (f) of Section 5-9-1.9 of the Unified Code of Corrections;
(6) drug-related offense involving possession or
delivery of cannabis or possession or delivery of a controlled substance, other than methamphetamine, as defined in the Cannabis Control Act or the Illinois Controlled Substances Act, an amount not less than the full street value of the cannabis or controlled substance seized for each conviction to be disbursed as follows:
(A) 12.5% of the street value assessment shall be
paid into the Youth Drug Abuse Prevention Fund, 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;
(B) 37.5% to the county in which the charge was
prosecuted, to be deposited into the county General Fund;
(C) 50% to the treasurer of the arresting law
enforcement agency of the municipality or county, or to the State Treasurer if the arresting agency was a state agency;
(D) if the arrest was made in combination with
multiple law enforcement agencies, the clerk shall equitably allocate the portion in subparagraph (C) of this paragraph (6) among the law enforcement agencies involved in the arrest;
(6.5) Kane County or Will County, in felony,
misdemeanor, local or county ordinance, traffic, or conservation cases, up to $30 as set by the county board under Section 5-1101.3 of the Counties Code upon the entry of a judgment of conviction, an order of supervision, or a sentence of probation without entry of judgment under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of the Criminal Code of 1961 or the Criminal Code of 2012, Section 10-102 of the Illinois Alcoholism and Other Drug Dependency Act, or Section 10 of the Steroid Control Act; except in local or county ordinance, traffic, and conservation cases, if fines are paid in full without a court appearance, then the assessment shall not be imposed or collected. Distribution of assessments collected under this paragraph (6.5) shall be as provided in Section 5-1101.3 of the Counties Code;
(7) methamphetamine-related offense involving
possession or delivery of methamphetamine or any salt of an optical isomer of methamphetamine or possession of a methamphetamine manufacturing material as set forth in Section 10 of the Methamphetamine Control and Community Protection Act with the intent to manufacture a substance containing methamphetamine or salt of an optical isomer of methamphetamine, an amount not less than the full street value of the methamphetamine or salt of an optical isomer of methamphetamine or methamphetamine manufacturing materials seized for each conviction to be disbursed as follows:
(A) 12.5% of the street value assessment shall be
paid into the Youth Drug Abuse Prevention Fund, 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;
(B) 37.5% to the county in which the charge was
prosecuted, to be deposited into the county General Fund;
(C) 50% to the treasurer of the arresting law
enforcement agency of the municipality or county, or to the State Treasurer if the arresting agency was a state agency;
(D) if the arrest was made in combination with
multiple law enforcement agencies, the clerk shall equitably allocate the portion in subparagraph (C) of this paragraph (6) among the law enforcement agencies involved in the arrest;
(8) order of protection violation under Section
12-3.4 of the Criminal Code of 2012, $200 for each conviction to the county treasurer for deposit into the Probation and Court Services Fund for implementation of a domestic violence surveillance program and any other assessments or fees imposed under Section 5-9-1.16 of the Unified Code of Corrections;
(9) order of protection violation, $25 for each
violation to the State Treasurer, for deposit into the Domestic Violence Abuser Services Fund;
(10) prosecution by the State's Attorney of a:
(A) petty or business offense, $4 to the county
treasurer of which $2 deposited into the State's Attorney Records Automation Fund and $2 into the Public Defender Records Automation Fund;
(B) conservation or traffic offense, $2 to the
county treasurer for deposit into the State's Attorney Records Automation Fund;
(11) speeding in a construction zone violation, $250
to the State Treasurer for deposit into the Transportation Safety Highway Hire-back Fund, unless (i) the violation occurred on a highway other than an interstate highway and (ii) a county police officer wrote the ticket for the violation, in which case to the county treasurer for deposit into that county's Transportation Safety Highway Hire-back Fund;
(12) supervision disposition on an offense under the
Illinois Vehicle Code or similar provision of a local ordinance, 50 cents, unless waived by the court, into the Prisoner Review Board Vehicle and Equipment Fund;
(13) victim and offender are family or household
members as defined in Section 103 of the Illinois Domestic Violence Act of 1986 and offender pleads guilty or no contest to or 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 kidnaping, 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, $200 for each sentenced violation to the State Treasurer for deposit as follows: (i) for sexual assault, as defined in Section 5-9-1.7 of the Unified Code of Corrections, 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;
(14) violation of Section 11-501 of the Illinois
Vehicle Code, Section 5-7 of the Snowmobile Registration and Safety Act, Section 5-16 of the Boat Registration and Safety Act, or a similar provision, whose operation of a motor vehicle, snowmobile, or watercraft while in violation of Section 11-501, Section 5-7 of the Snowmobile Registration and Safety Act, Section 5-16 of the Boat Registration and Safety Act, or a similar provision proximately caused an incident resulting in an appropriate emergency response, $1,000 maximum to the public agency that provided an emergency response related to the person's violation, and if more than one agency responded, the amount payable to public agencies shall be shared equally;
(15) violation of Section 401, 407, or 407.2 of the
Illinois Controlled Substances Act that proximately caused any incident resulting in an appropriate drug-related emergency response, $1,000 as reimbursement for the emergency response to the law enforcement agency that made the arrest, and if more than one agency is responsible for the arrest, the amount payable to law enforcement agencies shall be shared equally;
(16) violation of reckless driving, aggravated
reckless driving, or driving 26 miles per hour or more in excess of the speed limit that triggered an emergency response, $1,000 maximum reimbursement for the emergency response to be distributed in its entirety to a public agency that provided an emergency response related to the person's violation, and if more than one agency responded, the amount payable to public agencies shall be shared equally;
(17) violation based upon each plea of guilty,
stipulation of facts, or finding of guilt resulting in a judgment of conviction or order of supervision for an offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of the Criminal Code of 2012 that results in the imposition of a fine, to be distributed as follows:
(A) $50 to the county treasurer for deposit into
the Circuit Court Clerk Operation and Administrative Fund to cover the costs in administering this paragraph (17);
(B) $300 to the State Treasurer who shall deposit
the portion as follows:
(i) if the arresting or investigating agency
is the Department of State Police, into the State Police Law Enforcement Administration Fund;
(ii) if the arresting or investigating agency
is the Department of Natural Resources, into the Conservation Police Operations Assistance Fund;
(iii) if the arresting or investigating
agency is the Secretary of State, into the Secretary of State Police Services Fund;
(iv) if the arresting or investigating agency
is the Illinois Commerce Commission, into the Public Utility Fund; or
(v) if more than one of the State agencies in
this subparagraph (B) is the arresting or investigating agency, then equal shares with the shares deposited as provided in the applicable items (i) through (iv) of this subparagraph (B); and
(C) the remainder for deposit into the
Specialized Services for Survivors of Human Trafficking Fund;
(18) weapons violation under Section 24-1.1, 24-1.2,
or 24-1.5 of the Criminal Code of 1961 or the Criminal Code of 2012, $100 for each conviction to the State Treasurer for deposit into the Trauma Center Fund; and
(19) violation of subsection (c) of Section 11-907 of
the Illinois Vehicle Code, $250 to the State Treasurer for deposit into the Scott's Law Fund, unless a county or municipal police officer wrote the ticket for the violation, in which case to the county treasurer for deposit into that county's or municipality's Transportation Safety Highway Hire-back Fund to be used as provided in subsection (j) of Section 11-907 of the Illinois Vehicle Code.
(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19; 101-173, eff. 1-1-20.)
